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insufficient or irregular,the clerk-administrator shah <br /> Proposed Charter for file the petition in his-her office and notify the spon- <br /> soring committee.The final finding that the petition IS <br /> Insufficient or irregular shall not prejudice the filing of <br /> a new petition for the same purpose,nor shall it prevent <br /> the council from referring the subject matter of the <br /> the City of Mounds View petition to the voters at the next regular or special <br /> election. <br /> Sec.5.05.Initiative.Any ordinance or resolution may <br /> be proposed by a petition which shall state at the head of <br /> each page or attached thereto the exact text of the <br /> CITY OF MOUNDS VIEW except an emergency ordinance,shall be adopted at the proposed ordinance or resolution. If the council passes <br /> meeting at which it is introduced and at least fourteen the proposed ordinance or resolution with amendments, <br /> Coueofty of Minnesotafsa days shall elapse between its introduction and final and a majority of the sponsoring committee do not <br /> State ofLTIOadoption. disapprove the amended form by a statement filed with <br /> NOTICE OF SPECIAL ELECTION ON PROPOSED P the clerk-administrator within ten days of its passage <br /> CHARTER FOR THE CITY OF MOUNDS VIEW Sec. 3.06. Emergency Ordinances. An emergency by the council,the ordinance or resolution need not be <br /> Notice is hereby given that the City of Mounds View ordinance is an ordinance necessary for the immediate submitted to the voters.If the council fails to enact the <br /> will be having a Special Election on the proposed preservation of the public peace,health,morals,safety <br /> Charter on Tuesday,December 4,1979 from 7:00 a.m. or welfare,in which ordinance the emergency is defined ordinance or resolution in a form acceptable to the <br /> till 8:00 p.m.to decide the following question:"Shall the and declared in a preamble thereto. An emergency majority of the sponsoring committee within sixty days <br /> ordinance must be approved by a majority of available after the final determination of sufficiency of the, <br /> proposed new Charter adopted?" The rfcowing members of the city council.An emergency ordinance petition, the ordinance or resolution as originally, <br /> placeswill be polling sites for the indicated precincts: must be in writing but may be enacted withoutprevious proposed shall be placed on the ballot at the next <br /> Precinct Polling No. Places filing or voting, and may be adopted finally at the election occurring in the city.If no election is to occurwithin120daysafterihefilingofthepetition,thecouncil' <br /> 1 Red Oak Elementary School meeting at which it is first introduced and voted upon by shall call a special election on the ordinance or <br /> 8101 Red Oak Drive the council.An emergency ordinance shall remain In resolution to beheld within such period.If a majority of <br /> 2 Messiah Lutheran Parish Hall effect for the duration of the emergency.No prosecution <br /> 2900 County Road H-2 shall be based upon the provisions of an emergency those voting on the ordinance or resolution vote in its <br /> ordinance until twenty-four hours after the ordinance <br /> 2848 favor, it shall become effective thirty days after 1 <br /> 3 MessiahCountyyther Churchhas been adopted,filed with the clerk-administrator, adoption unless the ordinance or resolution specifies a <br /> Road H-2.2and has either been posted In three conspicuous places later effective date. <br /> 4 Edgewood Junior High School in the city,or published as Sec.5.06.Initiative to Amend the Charter.Nothing in <br /> 5100 North Edgewood Drive provided for in this charter, <br /> 5 Pinewood Elementary School or the person charged with violation thereof had actual this chapter shall be construed as in any way affecting <br /> 5500 Quincy Street notice of the ordinance prior to the act or omission the right of the electors to propose amendments to this <br /> 6 Mounds View City Hall resulting in the prosecution. charter. <br /> 2401 Highway 10 Sec. 3.07. Signing and Publication of Ordinances. Sec. 5.07. Referendum. Prior to the date when an <br /> 7 Sunrise Methodist Church Every ordinance adopted by the council shall be signed ordinance or resolution takes effect,it may be subjected <br /> 2520 County Road I by the mayor,and attested to,filed and preserved by to referendum by a petition which shall state at the head <br /> JEFFREY W.NELSON the clerk-administrator. Every ordinance shall be of each page,or attached thereto,the exact text of the <br /> CITY-CLERK ADMINISTRATOR published at least once in the official newspaper as soon measure to be considered by the electorate. If the <br /> as practicable,and shall be preceded by a summary of petition is found to be sufficient under the provisions of <br /> its contents.To the extent and in the manner provided section 5.03 of this chapter, the said ordinance or <br /> by law,an ordinance may incorporate by reference the resolution shall thereby be prevented from going Into <br /> THE PROPOSED CHARTER FOR THE CITY OF following published material,or part thereof,without operation,and the subject matter of the petition shall be <br /> MOUNDS VIEW READS AS FOLLOWS: publishing the material in full:(a)state laws,(b)state placed on the ballot at the next election occurring in the <br /> TABLE OF CONTENTS administrative rules or regulations, (c) state or city.If no election is to occur within 120 days after the, <br /> HOME RULE CHARTER municipal codes,or(d) municipal ordinances. filing of the petition, the council shall call a special <br /> OF THE Sec.3.08.Procedure on Resolutions.Every resolution election to be held within such period, providing the <br /> CITY OF MOUNDS VIEW shall be presented in writing and read in full before petition has been found to be sufficient.If a majority of <br /> Chapter ' page adoption, unless the reading is dispensed with by the voters voting thereon favors the ordinance or <br /> P unanimous consent of the council. resolution contained in the petition,it shall remain in <br /> 1 Name, Boundaries, Sec. 3.09. When Ordinances and Resolutions take <br /> Powersand General Provisions 1 <br /> 2 Formmeffect.If a majority of the electors voting thereon votes <br /> of Government 2 Effect. Every resolution and emergency ordinance against the ordinance or resolution contained in the <br /> 3 Council Procedure 4 shall take effect immediately upon its adoption or at petition, it shall be considered repealed upon cer- <br /> 4 Nominations and Elections 8 such later date as it specifies.Every other ordinance tification of the election results. <br /> 5 Initiative,Referendum and Recall 10 shall take effect thirty days after its publication or at Sec.5.08. Recall.Consideration by the electorate of <br /> 6 Administration of City Affairs 14 such later date as It specifies. the recall of any elected officer of the city may be <br /> 7 Taxation and Finances 18 Sec.3.10.Amendment and Repeal of Ordinances and initiated by petition.The petition shall state at the head <br /> 8 Public Improvements and Resolutions. of each page,or attached thereto,a certificate stating <br /> Special Assessments 24 Subdivision 1. An ordinance or resolution which the name of the officer whose removal is sought,the <br /> 9 Eminent Domain ' - 27 repeals all or part of a previous ordinance or resolution grounds for recall, which shall be malfeasance, <br /> 10 Franchises 27 shall give the number,if any,and the title of the or- misfeasance or nonfeasance in office,in not more than <br /> 11 Public Ownership and dinance or resolution to be repealed in whole or in part. 250 words, and the intention of the sponsoring com- <br /> Operation of Utilities 29 No ordinance or resolution shall be amended by mittee to bring about the officer's recall.Such petition <br /> 12 Miscellaneous and reference to the title alone, but an ordinance or shall be filed in the clerk-administrator's office prior to <br /> Transitory Provisions - 30 resolution which amends such ordinance or resolution circulation.If the petition or amended petition is found <br /> shall set forth in full each section or subdivision to be sufficient under the provisions of section 5.03 of this <br /> CHAPTER 1 amended and shall indicate by appropriate type or chapter,the clerk-administrator shall transmit it to the <br /> NAME,BOUNDARIES,POWERS symbols matter to be omitted or added.Amendment or council without delay,and shall also officially notify the <br /> AND GENERAL PROVISIONS repeal of an ordinance shall require a majority vote of person sought to be recalled of the sufficiency of the <br /> Section 1.01. Name and Boundaries. The City of all the members of the council, unless otherwise petition and of the pending action.The council shall at <br /> Mounds View, Ramsey County, Minnesota shall con- provided in this charter or by state law. its next meeting,by resolution,provide for the holding <br /> tinue to be a municipal corporation under that name and Subd.2.An ordinance or resolution passed under the of a special recall election within ninety days after Such <br /> with the same boundaries as now are or hereafter may initiative power shall not be repealed or amended by the meeting,except if any other election is to occur within <br /> be established. The clerk-administrator shall keep in council except by submission to the voters of the such ninety day period after such meeting,the council l <br /> his-her office at least two copies of this charter with question by the council at a regular municipal or special may in its discretion provide for the holding of the recall <br /> election. vote at that time.The clerk-administrator shall include <br /> amendments,and shall maintain in each copy an ac- Sec. 3.11. Review and Revision of Ordinances and "'iththe published notice ofthe election the statement of <br /> cops up-to-datefthecharter, <br /> rt ,description of the amendments, and <br /> The Indexing of Resolutions.The city shall review,revise the grounds for the recall and,also,in not more than 500 <br /> copies of the aharter, oand boundary and rearrange its ordinance code and its resolution words, the answer of the officer concerned In <br /> descriptions shall be available for public Inspection index with such additions and deletions as may be justification of his-her course of office. If a vacancy <br /> anytime during Powersregulof ther officehThe deemed necessary by the council at least once ever two occurs due to recall election,section 4.05 herein shall <br /> Sec.1.02. of or City.The citybpossible fhavall y apply to fill said vacancy. <br /> powers which it may now hereafter be for a years.The ordinance code and the resolution Index may <br /> municipal corporation in this state to exercise in har- be published in book,pamphlet,or loose-leaf form,and CHAPTER 6 <br /> mony with this charter and with the constitutions of this copies shall be made available by the council at the ADMINISTRATION <br /> state and of the United States.It is the intention of this office of the clerk-administrator for general distribution OF CITY AFFAIRS <br /> charter to confer upon the city every power which it to the public for a reasonable charge.Incorporation in Sec.6.01.Administrative Responsibility.The council, <br /> would have if it were specifically mentioned, unless such a code shall be a sufficient publication of any or- as a body,shall be responsible for the administration of <br /> otherwise provided in this charter.The charter shall be dinance provision not previously published,if a notice is the city. The council shall appoint an administrative <br /> construed liberally in favor of the city,and the specific Placed in the official newspaper for at least two suc• officer to assist in the administration of city affairs.For <br /> mention of particular municipal powers in other sec- cessive weeks that copies Of the codification are purposes of reference in this charter,this admlnistative <br /> lions of this charter does not limit the powers of the city available at the office of the clerk-administrator, officer shall be referred to as the clerk-administrator. <br /> to those thus mentioned.Unless granted to some other CHAPTER 4 Sec.6.02.Administrative Organization. <br /> officer or body,all powers are vested in the city council. NOMINATIONS AND ELECTIONS Subdivision 1.The council may by ordinance establish <br /> Sec.1.03.Charter a Public Act.This charter shall be a Sec.4.01.The Regular Municipal Election.A regular city departments,offices,and agencies and prescribe <br /> public act and need not be pleaded or proved in any municipal election shall be held on the first Tuesday their functions. No power or duty conferred by this <br /> case. after the first Monday in November of each even charter upon a particular office or agency shall be <br /> numbered year commencing in 1980 at such places as transferred to any other. <br /> CHAPTER 2 the city council shall designate. At least fifteen days Subd.2.The city council shall hire heads of depart- <br /> FORM OF GOVERNMENT prior notice shall be given by the clerk-administrator by ments, and such other and further officers and per. <br /> Sec.2.01.Form of Government.The form of govern- posting a notice thereof in at least one public place in sonnel as may be required to operate the city efficiently. <br /> ment established by this charter is the"Mayor-Council each election-precinct, and by publishing a notice The city council shall determine the qualifications <br /> Plan." Except as otherwise provided by state law or thereof at least once in the official newspaper of the city thereof and prescribe the duties to be performed by <br /> this charter,all powers of the city are vested in the stating the time and the places of holding such election each,except as otherwise prescribed in this charter. <br /> council. and of the officers to be elected. Failure to give such Subd.3.The heads of departments and other officers <br /> Sec.2.02.Boards and Commissions.There shall be no notice shall not invalidate such election. Elected and designated by the council shall report in person to the <br /> separate administrative board of health,library board, qualified officers provided for by this charter shall council and to the public at least once each quarter at a <br /> or any other administrative board or commission ex- assume the duties of office to which they were elected on regularly scheduled council meeting. <br /> cept for the administration of a function jointly with the first business day in January following such diet- Sec.6.03. Duties of the Clerk-Administrator. <br /> another political subdivision.The Council shall itself be tion. Subdivision 1.The duties of the clerk-administrator Of <br /> and perform the duties and exercise the powers of such Sec.4.02.Filing for Office.No earlier than forty-two the municipality shall include the duties of the clerk in a <br /> boards and commissions provided for by state law.The days nor later than twenty-eight days before any statutory city. The clerk-administrator shall give the <br /> council may,however,establish by ordinance boards or municipal election, any resident of the city qualified required notice of each regular and special election, <br /> commissions to advise the council with respect to any under-state law for elective office may, by filing an record the proceedings thereof,notify officials of their <br />