07-14-2005 - Laserfiche WebLink

Home Browse Search

• Section 5.05. Initiative. An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. Within 60 . calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 of this charter, the Council may either hold a first reading of the ordinance, as defined in Section 3.05 of this charter and proceed with the adoption process, or propose an amendment to the titioned ordinance. If an amendment is proposed by a majority vote of the Council and presented o the petition committee, the petition committee has 14 calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no proposed amendment, or should the petition committee agree to the amendment, the ordinance shall be scheduled fora public hearing pursuant to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies a later effective date. If the amendment is required to be put on a ballot and there is no regularly scheduled election within 120 calendar days of the statement of disapproval, or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. If the petition committee does not file a disapproval statement, the Council shall hold a first reading of the amended proposed ordinance and proceed with the adoption process. If the Council does not approve the ordinance, it must follow the aforementioned balloting process. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter. • Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page the exact text of the measure to be considered by the voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from enactment and the City Council must adopt a resolution placing the Ordinance on hold and complete the following courses of action within 150 days of determination of sufficiency. The subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. The-voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, the name of the official whose removal is sought,the grounds for recall constituting malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- dministrator shall also officially notify the official sought to be recalled of the sufficiency of the petition and the pending action within five working days. Within five working days of notification, the official may provide an answer stating the justification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon