06-12-2007 Ord 819 Amend 7.03 - Laserfiche WebLink

Home Browse Search

Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 5 of 6 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 197 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 198 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 199 (30) calendar days after adoptioncertification of the election results unless the ordinance specifies a later 200 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 201 650, 8-16-2000) 202 203 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 204 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 205 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 206 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 207 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 208 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 209 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 210 prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the 211 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 212 the Council shall call a special election to be held within such period, providing the petition has been found to 213 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 214 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 215 petition, it shall be considered repealed upon certification of the election results the Council must 216 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 217 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 218 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 219 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 220 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 221 election results. If the petition does not meet the requirements of sufficiency under the provisions in 222 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 223 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 224 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 225 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 226 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 227 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 228 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 229 in this section. (Amended, Ord. 651, 8-16-2000) 230 231 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 232 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 233 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 234 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 235 malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 236 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 237 The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for 238 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 239 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 240 chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify 241 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 242 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 243 such meeting, except if any other election is to occur within ninety day period after such meeting, the Council 244 may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall 245 include with the published notice of the election the statement of the grounds for the recall and, also in not 246 more than 500 words, the answer of the officer concerned in justification of their course of office. 247