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Mounds View Charter Commission Date: April 5, 2006 Charter Updates; Category 3 Items; Chapter 5 Revision— Draft 20060404 Page3 of 3 72 effective date. If the amendment is required to be put on a ballot and there is no regularly scheduled 73 election within 120 calendar days of the statement of disapproval, or if the calendar date prohibits _ 74 compliance with provisions in Chapter 4 of this Charter at or before its next re ug lffly scheduled= 75 meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. 76 If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after 77 certification of the election results unless the ordinance specifies a later effective date. If the majority 78 do not vote in favor, the ordinance shall not be enacted. If the petition committee does not file a= 79 disannroval statement to a rrooposed amendment, the Council shall hold a first reading of the amended 80 _proposed ordinance and proceed with the adoption process. If the Council does not approve the= 81 ordinance,it must follow the aforementioned balloting process, 82 83 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 84 any way affecting the right of the electors to propose amendments to this charter. 85 86 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be 87 subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the 88 exact text of the measure to be considered by the electorate. If the petition is found to be sufficient 89 under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from 90 going into operation, and the subject matter of the petition shall be placed on the ballot at the next 91 election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 92 the Council shall call a special election to be held within such period, providing the petition has been 93 found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the 94 petition, it shall remain in effect. If a majority of the electors voting thereon votes against the 95 ordinance contained in the petition, it shall be considered repealed upon certification of the election 96 results. (Amended, Ord. 651, 8-16-2000) 97 98 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the 99 City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a 100 certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall 101 be malfeasance,misfeasance or nonfeasance in office, in not more than 250 words, and the intention of 102 the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the 103 Clerk-Administrator's office prior to circulation. If the petition or amended petition is found sufficient 104 under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the 105 Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency 106 of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide 107 for the holding of special recall election within ninety days after such meeting, except if any other 108 election is to occur within ninety day period after such meeting, the Council may in its discretion 109 provide for the holding of the recall vote at that time. The Clerk-Administrator shall include with the 110 published notice of the election the statement of the grounds for the recall andalse i rt7,-- if received 111 within five working days of notification, and in not more than 500 words, the answer of the officer 112 concerned in justification of their course of offieeaction. If a vacancy occurs due to recall election, 113 Section 4.05 herein shall apply to fill said vacancy. City of Mounds View