HomeMy WebLinkAboutResolution 7158RESOLUTION NO. 7158
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING THE PROCESS FOR DETERMINING
FRIVOLOUS PETITIONS PURSUANT TO CITY CHARTER
WHEREAS, Section 5.02 of the Mounds View City Charter provides the City
Council with the authority to prescribe by ordinance or resolution the definition of a
frivolous petition; and
WHEREAS, Section 12.12 of the Mounds View City Charter provides that "the
Council shall by ordinance, resolution, or other appropriate action make such
regulations as may be necessary to carry out and make effective the provisions of .. .
[the] Charter;" and
WHEREAS, the City Council desires to establish a procedure for review of
petitions filed pursuant to the Mounds View City Charter as well as to define petitions
that are deemed to be frivolous; and
WHEREAS, the City Council desires to provide City staff and the citizens of the
City of Mounds View with adequate guidance as to the review process to be undertaken
by City staff and the City Council in order for the City Council to determine the
sufficiency of petitions filed pursuant to the Mounds View City Charter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View that the recitals set forth above are hereby incorporated into and hereby
made part of this Resolution as if fully set forth herein; and
BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View
hereby establishes that the following materials are to be utilized in the review and
determination of the sufficiency of petitions submitted pursuant to the Mounds View City
Charter:
1. Mounds View City Charter;
2. Minnesota Statutes;
3. Minnesota Rules;
4. Judicial interpretations of federal, state and local laws, rules and
regulations;
5. Attorney General interpretations;
6. State agency, etc. interpretations; and
Resolution 7158
Page 2
BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View
hereby establishes that any petitions submitted pursuant to the Mounds View City
Charter shall be reviewed consistent with all federal, state and local laws, rules,
regulations and judicial interpretations thereof, in order for the City Council to determine
the sufficiency of such petition consistent with the Mounds View City Charter; and
BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View
hereby finds that petitions deemed to be frivolous pursuant to the Mounds View City
Charter may include, but not be limited to, the following characteristics:
1. The apparent number of signatures must match the number of signatures
required to have a valid petition;
2. All signatures used to calculate the necessary number of signatures must be
original signatures;
3. All signature pages used in the calculation are in the proper form with the petition
language clearly stated on each page;
4. The required information regarding the sponsoring committee members must be
present on each page;
5. At least eighty percent of the required number of signatures must be legitimate
on their face or upon validation; and
BE IT FURTHER RESOLVED, the City Council of the City of Mounds View
hereby establishes that all petitions submitted pursuant to the Mounds View City
Charter shall be reviewed consistent with this Resolution, the Mounds View City Charter
and all applicable federal, state and local laws, rules, regulations and judicial
interpretations thereof; and
NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the
City of Mounds View that City staff is authorized to take all steps necessary and
convenient in order to carry out the intent of this Resolution.
Adopted by the City Council of the Cit of Mounds View this 24t" day of
September, 2007.
.,
Ro Marty, ayor
ATTEST:
~~~ ~~
Jim Ericson, Interim City Clerk /Administrator
(SEAL)