DOCSOPEN-#827313-v1-Ordinance Amending Charter Section 4_05

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ORDINANCE NO. ___ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 4.05, SUBDIVISIONS 1 AND 2 OF THE CITY OF MOUNDS VIEW CHARTER PERTAINING TO VACANCIES IN MUNICIPAL ELECTED OFFICE THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Background; findings; authority. 1.01. The city of Mounds View (“City”) is governed by a home rule charter (the “City Charter”), adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, chapter 410 (the “Act”). 1.02. The Mounds View Charter Commission has proposed the adoption of an amendment to section 4.05 of the City Charter (the “Amendment”) and recommended to the City Council that the Amendment be adopted by ordinance in the manner prescribed by section 410.12, subdivision 7 of the Act. 1.03. A public hearing on the Amendment was held on November 14, 2022 by the Mounds View City Council after published notice containing the text of the Amendment, as required by the Act, and all persons desiring to be heard with reference to the Amendment were heard at said public hearing. 1.04. The Mounds View City Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section 2. Adoption; effective date; filing. 2.01. Section 4.05, subdivisions 1-2 of the Mounds View City Charter is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held to elect a successor to serve for the remainder of the unexpired term of the vacated office. The special election shall be heldwithin ninety days at the next uniform election date specified in Minnesota Statute 205.10, subd 3a, as it may be amended from time to time, for which all legal requirements for special elections can be met by the City. after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2. The City Administrator shall give at least sixty days published prior notice of such the date of the special election and such notice shall comply with all notice requirements under Minnesota Statues, section 205.16, except as set forth under Subdivision 5 of this section. 2.02. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at an election called by the Council for that purpose.