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Res2009-03e City Administrator
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Res2009-03e City Administrator
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MV City Charter Commission
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Resolution 2009-03b Page 5 of 9 <br />(180) calendar days of the election certification. Failure of a ballot measure for a proposed <br />ordinance shall not prevent the Council from proposing a similar ordinance. Amended by Ordinance <br />790, Adopted July 23, 2007; Filed: August 29, 2007.) <br /> <br />Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition <br />without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this <br />adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum <br />process as defined in Section 5.07. Amended by Ordinance 790, Adopted Ju ly 23, 2007; Filed: <br />August 29, 2007.) <br /> <br />Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the <br />Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed <br />ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the <br />amended proposed ordinance to disapprove the amendment by majority vote, and file a statement <br />with the City Administrator. Upon receipt of a statement of disapproval from the Sponsoring <br />Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of <br />this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as <br />provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, <br />the ordinance can proceed, as amended, according to Section 3.05 with no further amendments and, <br />if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the <br />vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided in <br />Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to <br />submit the ordinance, as amended, as a ballot measure. Amended by Ordinance 790, Adopted July <br />23, 2007; Filed: August 29, 2007.) <br /> <br />Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be <br />subjected to a referendum by a petition which shall state at the head of each page, or attached <br />thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee <br />must file the completed petition in the office of the City Administrator at least ten (10) calendar <br />days before the ordinance takes effect. If a petition is determined to be frivolous, no further action <br />on the petition shall be taken and the adoption of the ordinance shall proceed according to Section <br />3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the <br />said ordinance shall thereby be prevented from going into operation, and the subject matter of the <br />petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur <br />within 120 days after the filing of the petition, the Council shall call a special election to be held within <br />such period, providing the petition has been found to be sufficient. If a majority of the voters voting <br />thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the <br />electors voting thereon votes against the ordinance contained in the petition, it shall be considered <br />repealed upon certification of the election results the Council must immediately adopt a resolution <br />suspending the effective date of the ordinance until it is decided by a vote of the public. The <br />Council must also immediately pass a resolution to place the measure on a ballot as provided in <br />Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the <br />petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority <br />votes against the ordinance contained in the petition, it shall be considered repealed upon <br />certification of the election results. If the petition does not meet the requirements of sufficiency <br />under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the <br />Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) <br />calendar days and t he Sponsoring Committee will have twenty-one (21) calendar days in which to <br />file additional signature papers and/or to correct the specified insufficiency according to Section <br />5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date <br />declared by the resolution of suspension. If the corrected petition is declared sufficient according to <br />Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until
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