HomeMy WebLinkAbout2003-013 Council OrdinancesCITY OF LINO LAKES
ORDINANCE NO. 13-03
AN ORDINANCE AMENDING THE CITY CHARTER TO REFLECT THE
LANGUAGE CHANGE FROM CITY "CLERK/TREASURER" TO THE
SEPARATE ROLES OF THE CITY CLERK AND THE CITY TREASURER
WHEREAS, the Charter Commission of the City of Lino Lakes has by
Resolution on January 9, 2003 recommended these changes; and
WHEREAS, a joint meeting of the Charter Commission and the City Council of
Lino Lakes was held on April 10, 2003 and the members of both bodies concurred with
these changes; and
WHEREAS, it appears to be in the best interest of the City to make language
changes which more accurately reflect the current status of the City Clerk and City
Treasurer duties and responsibilities;
NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS:
Section 1.
The cover page is hereby amended to reflect May 12, 2003 (date of second reading of
this Ordinance) as the Charter's newly revised date.
Chapter Two of the Charter is hereby amended to read as follows:
Section 2.05. Vacancies. A vacancy in the Council, whether it
be in the office of Mayor or Council Member, shall be deemed
to exist in case of the failure of any person elected thereto to
qualify, or by reason of the death, resignation in writing filed
with the City Clerk, removal from office, non -residence in the
City, conviction of a felony of any such person after his/her
election, or failure without good cause to attend Council
meetings for a period of three (3) consecutive months of Mayor
or any Council Member. In each such case the Council shall by
resolution declare the vacancy to exist and such vacancy shall
be filled according to the provisions of Section 4.05. (Amended
05/12/2003)
Section 2.
Chapter Three of the Charter is hereby amended to read as follows:
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Section 3.06. Emergency Ordinances. An emergency ordinance
is an ordinance necessary for the immediate preservation of
public peace, health, morals, safety or welfare, in which
ordinance the emergency is defined and declared in a preamble
thereto. An emergency ordinance must be approved by a
majority of available members of the City Council. An
emergency ordinance must be in writing but may be enacted
without previous filing or voting, and may be adopted finally
at the meeting at which it is first introduced and voted upon by
the Council. An emergency ordinance shall remain in effect
for the duration of the emergency. No prosecution shall be
based upon the provisions of an emergency ordinance until
twenty four (24) hours after the ordinance has been adopted,
filed with the City Clerk and has either been posted in three
(3) conspicuous places in the City, or published as provided
for in this Charter, or the person charged with the violation
thereof had actual notice of the ordinance prior to the act or
omission resulting in the prosecution.(Amended 05/12/2003)
Section 3.
Chapter Three of the Charter is hereby amended to read as follows:
Section 3.07. Signing and Publication of Ordinances. Every
ordinance adopted by the Council shall be signed by the Mayor,
and attested to filed, and preserved by the City Clerk. Every
ordinance shall be published at least once in the official
newspaper as soon as practicable, and such publication may be
by summary of its contents as provided by state law. To the
extent and in the manner provided by law, an ordinance may
incorporate by reference the following published material, or
part thereof, without publishing the material in full: (a) State
Laws, (b) State Administrative Rules and Regulations, (c) State
or Municipal Codes, or (d) Municipal ordinances. (Amended
05/12/2003)
Section 4.
Chapter Three of the Charter is hereby amended to read as follows:
Section 3.12. Secretary of Council. The City Clerk shall act as
Secretary of the Council. He/she shall keep a journal of
Council proceedings and perform such other duties as this
Charter or the Council may require. The Council may
designate any other City official or employee except the City
Administrator or a Council Member to act as Secretary of the
Council (Amended 05/12/2003)
Section 5.
Chapter Four of the Charter is hereby amended to read as follows:
Section 4. 01. The Regular Municipal Election. A regular
municipal election shall be held on the first Tuesday after the
first Monday in November of each odd numbered year
commencing in 1983 at such places as the City Council shall
designate. At least fifteen (15) days prior notice shall be
given by City Clerk by posting a notice thereof in at least one
(1) public place in each election precinct, and by publishing a
notice thereof at least once in the official newspaper of the
City stating the time and the places of holding such election
and of the officers to be elected. Failure to give such notice
shall not invalidate such election. Elected and qualified
officers provided for by this Charter shall assume the duties of
office to which they were elected on the first business day in
January following such election (Amended 05/12/2003)
Section 6.
Chapter Four of the Charter is hereby amended to read as follows:
Section 4.02. Filing for Office. No earlier than seventy (70)
days and not later then fifty six (56) days before any municipal
election, any resident of the City qualified under state law for
elective office may, by filing an affidavit and by paying a
filing fee to the City Clerk in an amount as set by ordinance,
or by means otherwise permitted by state law, have his/her
name placed on the municipal election ballot. (Amended
1/25/88) (Amended 05/12/2003)
Section 7.
Chapter Four of the Charter is hereby amended to read as follows:
Section 4.04. Special and Advisory Elections except for
Elected Office. The Council may by resolution order a special
or advisory election and provide all means for holding it. At
least fifteen (15) days prior notice shall be given by the City
Clerk by posting a notice thereof in at least one (1) public
place in each election precinct, and by publishing a notice
thereof at least once in the official newspaper of the City
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stating the time and the places of holding such election.
Failure to give such notice shall not invalidate such election.
(Amended 05/12/2003)
Section 8.
Chapter Four, Section 4.05, of the Charter is hereby amended to read as follows:
Subdivision 2. The City Clerk shall give at least sixty (60)
days published prior notice of such special election, except as
set forth under Subdivision 5 of this section. (Amended 8/9/82)
(Amended 05/12/2003)
Section 9.
Chapter Five, Section 5.02, of the Charter is hereby amended to read as follows:
Subdivision 2. Each signer shall be a registered voter of the City and shall sign his/her
name and give his/her street address. Each separate page of the petition shall have
appended to it a certificate by the circulator, verified by oath, that each signature
appended thereto was made in his/her presence and that the circulator believes them to be
the genuine signature of the person whose name it purports to be. The person making the
certificate shall be a resident of the City and registered to vote. Any person whose name
appears on a petition may withdraw his/her name by a statement in writing filed with the
City Clerk before the City Clerk advises the Council of the sufficiency of the petition.
(Amended 05/12/2003)
Section 10.
Chapter Five of the Charter is hereby amended to read as follows:
Section 5.03. Determination of Sufficiency. The sponsoring
committee shall file the completed petition in the office of the
City Clerk. For determining the required number of signatures,
the term "base" shall be defined as the number of registered
voters at the time of the last regular municipal election. At
least five percent (5%) of the base shall be required to make an
initiative or referendum petition sufficient and allow such
petition to be placed on the next scheduled election ballot as
determined by Section 5.05 or 5.07. At least ten percent (10%)
of the base shall be required to allow an initiative or
referendum petition to cause, as determined by Section 5.05 or
5.07, a special (Amended 05/12/2003)
Section 11.
Chapter Five, Section 5.03, of the Charter is hereby amended to read as follows:
election to be scheduled within one hundred twenty (120) days
of said petition's filing so that said petition can be placed
before the voters. At least fifteen percent (15%) of the base
shall make a recall petition sufficient so as to cause a special
election as noted in Section 5.08. Immediately upon receipt of
the petition, the City Clerk shall examine the petition as to its
sufficiency and report to the Council within ten (10) days.
Upon receiving the report, the Council shall determine by
resolution the sufficiency of the petition. (Amended
05/12/2003)
Section 12.
Chapter Five of the Charter is hereby amended to read as follows:
Section 5.04. Disposition of Insufficient or Irregular Petition.
If the Council determines that the petition is insufficient or
irregular, the City Clerk shall deliver a copy of the petition,
together with a written statement of its defects, to the
sponsoring committee. The committee shall have thirty (30)
days in which to file additional signature papers and/or to
correct the petition in all other particulars, except that, in the
case of a petition for recall, the committee may not change the
statement of the grounds on which the recall is sought. Within
five (5) days of receipt of the corrected petition, the City
Clerk shall again report to the Council. If the Council finds
that the petition is still insufficient or irregular, the City
Clerk shall file the petition in his/her office and notify the
sponsoring committee. The final finding that the petition is
insufficient or irregular shall not prejudice the filing of a new
petition for the same purpose, nor shall it prevent the Council
from referring the subject matter of the petition to the voters
at the next regular or special election. (Amended 05/12/2003)
Section 13.
Chapter Five of the Charter is hereby amended to read as follows:
Section 5.08. Recall. Consideration by the electorate of the
recall of any elected officer of the city may be initiated by
petition. The grounds for recall shall be malfeasance or
nonfeasance in office. Prior to circulating a recall petition,
the accompanying certificate, which is described in Section
5.02, Subdivision 1, shall be filed in the City Clerk's office.
If the petition or amended petition is found sufficient under
the provisions of Section 5.03 of this chapter, the City Clerk
shall transmit it to the Council without delay and shall also
officially notify the person sought to be recalled of the
sufficiency of the petition and of the pending action. The
Council shall at its next meeting, by resolution provide for the
holding of a special recall election within ninety (90) days
after such meeting, except if any other election is to occur
within such ninety (90) days period after such meeting, the
Council may in its discretion provide for the holding of the
recall vote at that time. The City Clerk shall include with the
published notice of the election the statement of the grounds
for the recall and, also, in not more than five hundred (500)
words, the answer of the officer concerned in justification of
his/her course of office. If a vacancy occurs due to the recall
election, Section 4.05 herein shall apply to fill said vacancy.
(Amended 05/12/2003)
Section 14.
Chapter Six of the Charter is hereby amended to read as follows:
Section 6.04. City Clerk. The Council shall appoint a City
Clerk. The City Clerk shall:
(1) report directly to the City Administrator,
and
(2) have the duties and responsibilities
determined by applicable state law and
City ordinances. (Amended 05/12/2003)
Section 6.05. City Treasurer. The Council shall appoint a
City Treasurer. The City Treasurer shall:
(1) report directly to the City Administrator,
and
(2) have the duties and responsibilities
determined by applicable state law and
City ordinances. (Amended 05/12/2003)
Section 6.06. Basis for Hiring and Removal. The basis for
hiring shall be merit and appropriate qualifications. Removal
shall be based on just cause, as conclusively determined by the
Council. (Amended 05/12/2003)
Section 15.
Chapter Seven of the Charter is hereby amended to read as follows:
Section 7.01. Council to Control Finances. The Council shall
have full authority over the financial affairs of the City except
as limited or prohibited by the state constitution, state law, or
this Charter. It shall provide for the collection of all revenues
and other assets, and the auditing and settlement of accounts.
it shall further provide for the safekeeping and disbursement of
public moneys by the City Treasurer. (Amended 05/12/2003)
Section 16.
Chapter Ten of the Charter is hereby amended to read as follows:
Section 10.01. Except as otherwise provided by state law, no
person, firm or corporation shall place or maintain any
permanent or semi-permanent fixtures in, over, upon, or under
any street or public place for the purpose of operating a public
utility, or for any other purpose, without a franchise therefore
from the City. A franchise shall be granted only by ordinance,
which shall not be an emergency ordinance. No exclusive
franchise shall be granted unless the proposed ordinance is
submitted to the voters of the City following a public hearing
and approved by at least a majority of those voting thereon.
Every ordinance granting a franchise shall contain all the terms
and conditions of the franchise. The grantee shall bear the
costs of publication of the franchise ordinance and shall make
a sufficient deposit with the City Clerk to guarantee
publication before the ordinance is passed. (Amended
05/12/2003)
Section 17.
Chapter Twelve of the Charter is hereby amended to read as follows:
Section 12.02. Oath of Office. Every officer of the City shall,
before entering upon the duties of his/her office, take and
subscribe an oath of office in substantially the following form:
"I do solemnly swear (or affirm) to support the Constitution of
the United States and of this State and to discharge faithfully
the duties devolving upon me as (Mayor, Council Member, City
Treasurer, City Clerk,) of the City of Lino Lakes to the best of
my judgement and ability."(Amended 05/12/2003)
Section 18.
Chapter Twelve of the Charter is hereby amended to read as follows:
Section 12.04. Official Bonds. The City Administrator, the
City Treasurer, City Clerk, and such other officers or
employees of the City as may be provided for by ordinance
shall each, before entering upon the duties of his/her
respective office or employment, give a corporate surety bond
to the City in such form and in such amount as may be fixed by
Council as security for the faithful performance of his/her
official duties. This corporate surety bond may be in the form
of either individual or blanket bonds at the discretion of the
Council. They shall be approved by the Council, and approved
as to form by the City Attorney, and filed with the City Clerk.
The premiums on the bonds shall be paid by the City. (Amended
05/12/2003)
This Ordinance shall be in full force and effect from and after 30 days following its
passage and publication, in accordance with the City Charter.
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Passed by the Lino Lakes City Council this 0"
ATTEST:
of May, 2003.
er:eson, Mayor