Res2007-01e-wCvr (2) - Laserfiche WebLink

Home Browse Search

Mounds View Charter Commission Resolution 2007-0 l e Final Markup format Date7/12/2007 Page 5 of 6 197 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 198 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 199 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 200 (30) calendar days after aEleptieficertification of the election results unless the ordinance specifies a later 201 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 202 650, 8-16-2000) 203 204 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 205 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 206 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 207 completed petition in the office of the Clerk -Administrator at least ten (10) calendar days before the 208 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 209 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 210 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 211 , 212 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 213 the Council shall call a special election to be held within such period, providing the petition has been found to 214 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 215 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 216 petition, it shall be considered repealed upon certification of the election results the Council must 217 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 218 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 219 provided in Section 5.05 of this Charter. If a majority of the -voters favors the ordinance contained in the 220 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 221 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 222 election results. If the petition does not meet the requirements of sufficiency under the provisions in 223 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 224 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 225 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 226 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 227 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 228 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 229 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 230 in this section. (Amended, Ord. 651, 8-16-2000) 231 232 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 233 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 234 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 235 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 236 malfeasance; or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 237 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 238 The petition shall be filed in the Clerk -Administrator's office prior to circulation; and shall be valid for 239 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 240 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 241 chapter, the Clerk Administrator shall transmit it to the Council without delay, and shall also officially notify 242 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 243 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 244 , 245 may in its discretion provide for the holding of the recall vote at that time. The Clerk Administrator shall 246 or the recall and, also in not 247 more than 500 words, the answer of the officer concerned in justification of their course of office.