HomeMy WebLinkAboutCITY CHARTER - 2008City of Mounds View
CITY CHARTER
CITY OF
Originally adopted 1979
Mounds View City Charter
INDEX
Chapter 1. NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS
Chapter 2. FORM OF GOVERNMENT
Chapter 3. COUNCIL PROCEDURE
Chapter 4. NOMINATION AND ELECTIONS
Chapter 5. INITIATIVE, REFERENDUM AND RECALL
Chapter 6. ADMINISTRATION OF CITY AFFAIRS
Chapter 7. TAXATION AND FINANCES
Chapter 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Chapter 9. EMINENT DOMAIN
Chapter 10. FRANCHISES
Chapter 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Chapter 12. MISCELLANEOUS AND TRANSITORY PROVISIONS
APPENDICES
Appendix A. TIMELINE FOR A BALLOT ISSUE RELATED TO INITIATIVE,
REFERENDUM AND RECALL
Appendix B. INITIATIVE PROCESS FLOW DIAGRAM
Appendix C. REFERENDUM PROCESS FLOW DIAGRAM
Appendix D. ADOPTION OF ORDINANCE WITH ALLOWANCE FOR CITIZEN
REFERENDUM TIMELINE
Appendix E. RECALL PROCESS FLOW DIAGRAM
CITY OF MOUNDS VIEW
CITY CHARTER
CHAPTER 1
NAME, BOUNDARIES, POWERS
AND GENERAL PROVISIONS
Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County,
Minnesota shall continue to be a municipal corporation under that name and with the same
boundaries as now are or hereafter may be established. The Clerk -Administrator shall keep at least
two copies of this Charter with amendments, and shall maintain in each copy an accurate up-to-date
description of the boundaries. The copies of the Charter, amendments, and boundary descriptions
shall be available for public inspection anytime during regular office hours.
Section 1.02. Powers of the City. The City shall have all powers which it may now or
hereafter be possible for a municipal corporation in this state to exercise in harmony with this
Charter and with the Constitution of this state and of the United States. It is the intention of this
Charter to confer upon the City every power which it would have if it were specifically mentioned,
unless otherwise provided in this Charter. The Charter shall be construed liberally in favor of the
City, and the specific mention of particular municipal powers in other sections of this Charter does
not limit the powers of the City to those thus mentioned. Unless granted to some other officer or
body, all powers are vested in the City Council.
Section 1.03. Charter a Public Act. This Charter shall be a public act and need not be
pleaded or proved in any case.
Revision Date: January 14, 2008
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CHAPTER 2
FORM OF GOVERNMENT
Section 2.01. Form of Government. The form of government established by this Charter is
the "Mayor -Council Plan". Except as otherwise provided by state law or this Charter, all powers of
the City are vested in the Council.
Section 2.02. Boards and Commissions. There shall be no separate administrative Board of
Health, Library Board, or any other administrative board or commission except for the
administration of a function jointly with another political subdivision. The Council shall itself be
and perform the duties and exercise the powers of such boards and commissions provided by state
law. The Council may, however, establish by Ordinance Boards or commissions to advise the
Council with respect to any municipal function or activity, to investigate any subject of interest to
the City, or to perform quasi-judicial functions.
Section 2.03. Council Composition and Election. The Council shall be composed of a
Mayor and four Councilmembers who shall be qualified electors and who shall be elected at large.
Councilmembers shall serve for a term of four years and/or until a successor is elected and qualifies.
The Mayor shall serve for a term of two years and/or until a successor is elected and qualifies.
Section 2.04. Incompatible Offices. No member of the Council shall hold any municipal
office or employment through the City other than that to which elected. Further, until one year after
the expiration of member's term, no Mayor or Councilmember shall be appointed or employed by
the City in a compensated position which was created, or the compensation for which was
increased, during member's term as Mayor or Councilmember.
Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or
Councilmember, shall be deemed to exist in case of the failure of any person elected thereto to
qualify, or by reason of the death, resignation in writing filed with the Clerk -Administrator, removal
from office, non -residence in the City, conviction of a felony of any such person after their election,
or by reason of the failure of any Councilmember without good cause to attend Council meetings
for a period of three consecutive months. In each such case the Council shall by resolution declare
the vacancy to exist.
Section 2.06. The Mayor's Power and Duties.
Subdivision 1. Subdivision 1. The Mayor shall preside at meetings of the Council and
shall have a vote as a member. The Mayor shall be recognized as head of the City Government
for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the
Governor for purposes of martial law. Other than for the purposes specifically stated in this
paragraph, as an individual, the Mayor shall have no administrative authority. (Amended by
Ordinance 742, Adopted September 27, 2004; Filed: October 6, 2004.)
Subdivision 2. Consistent with the responsibility to accept considerable leadership over the
general conduct of City affairs, the Mayor may study the operations of the City Government and
recommend desirable changes and improvements to the Council. The Mayor shall also deliver
messages to the Council and the public, including a comprehensive message on the state of the City
as soon as practicable after the beginning of each year of the Mayor's term of office.
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Subdivision 3. At its first meeting each year the Council shall choose an acting Mayor from
the Councilmembers. The acting Mayor shall perform the duties of Mayor during the disability or
absence of the Mayor, or, in case of vacancy in the office of Mayor, until a successor has been
appointed and qualifies.
Section 2.07. Salaries. The Mayor and Councilmembers shall receive such compensation
as is fixed by the Council in accordance with state law. Any increases in such compensation shall
not become effective until after the next municipal election. Other officers and employees of the
City shall receive such salaries or wages as may be fixed by the Council.
Section 2.08. Investigation of City Affairs. The Council may make investigations into the
affairs of the City and the conduct of any City department, office or agency and for this purpose
may subpoena witnesses, administer oaths, take testimony, and require the production of evidence.
The Council shall provide for an audit of the City's accounts at least once a year by the state
department in charge of such work or by a certified public accountant. At any time the Council may
provide for an examination or audit of the City accounts of any City officer or agency, and it may
provide for any survey or research study of any subject of municipal concern.
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CHAPTER 3
COUNCIL PROCEDURE
Section 3.01. Council Meetings. The Council shall meet regularly at least twice each
month at such times and places as the Council may designate by ordinance. The Mayor or any two
members of the Council may call special meetings of the Council upon at least twenty-four hours
notice to each member, and such reasonable public notice as may be prescribed by Council rule in
compliance with the laws of Minnesota. The twenty-four hours notice shall not be required in an
emergency. To the extent provided by law, all meetings of the Council and its committees shall be
public, and any citizen shall have access to the minutes and records of the Council at all reasonable
times. During any of its public meetings, the Council shall not prohibit, but may place reasonable
restrictions upon citizen's comments and questions.
Section 3.02. Liaison Function. Councilmembers shall be assigned as liaison to City
departments. Their assignments shall be rotated periodically and shall involve no administrative
responsibility.
Section 3.03. Rules of Procedure and Quorum. Except as otherwise provided in this
Charter, the Council shall determine its own rules and order of business. A majority of all members
shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The
Council may by rule provide means by which a minority may compel the attendance of absent
members in accordance with state law.
Section 3.04. Ordinances, Resolutions and Motions.
Subdivision 1. Except as otherwise provided in this Charter, state law or a more restrictive
City ordinance, an affirmative vote of three or more members of the Council shall be required for
the adoption of all ordinances, resolutions and motions. The votes of Councilmembers on any
action taken shall be recorded in accordance with state law. (Amended, Ord. 649, 8-16-2000)
Subdivision 2. Except as otherwise provided in this Charter, all legislation shall be by
ordinance. The vote on all ordinances shall be by a roll call vote.
Subdivision 3. The general administrative business of the Council shall be conducted by
resolution or motion.
Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
writing and read in full before adoption, unless the reading is dispensed wit by unanimous consent
of the Council. No ordinance shall contain more than one subject. Such subject shall be clearly
expressed in its title. The enacting clause shall be "The City of Mounds View ordains". No
ordinance, except an emergency ordinance, shall be adopted at the meeting at which it is introduced
and at least fourteen (14) calendar days shall elapse between its introduction and final adoption.
Every ordinance must contain a specified effective date as noted in Section 3.09 of this Charter.
(Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
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Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary
for the immediate preservation of the public peace, health, morals, safety or welfare, in which
ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance
must be approved by a majority of available members of the City Council. An emergency
ordinance must be in writing but may be enacted without previous filing or voting, and may be
adopted finally at the meeting at which it is first introduced and voted upon by the Council. An
emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall
be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance
has been adopted, filed with the Clerk -Administrator, and has either been posted in three
conspicuous places in the City, or published as provided for in this Charter, or the person charged
with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the
prosecution.
Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the
Council shall be signed by the Mayor, and attested to, filed and preserved by the
Clerk -Administrator. Every ordinance shall be published at least once in the official newspaper no
earlier than eight (8) calendar days nor later than seventeen (17) calendar days from the date of
passage, either in its complete form preceded by a summary of its contents or as a title and
summary.' (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
The Ordinance or the Ordinance Title and Summary shall be published in a body type no
smaller than brevier or eight -point type. A copy of any new ordinance may be obtained from the
City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is
one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall
also be available in the community library, if there is one, or if not, in any other public location
which the Council designates.
In the case of lengthy ordinances, or ordinances that include charts or maps, if the
Council determines that publication of the title and a summary of an ordinance would clearly
inform the public of the intent and effect of the ordinance, the Council may by a four -fifths vote
of its members, direct that only the title of the ordinance and a summary be published, with
notice that a printed copy of the ordinance is available for inspection during regular office hours
at the office of the Clerk -Administrator. Prior to the publication of the title and summary, the
Council shall approve the text of the summary and determine that it clearly informs the public of
the intent and effect of the ordinance, and shall further state that the complete text of the
ordinance is on file at the office of the Clerk -Administrator. The publishing of the title and
summary shall be deemed to fulfill all legal publication requirements as completely as if the
entire ordinance had been published. A copy of the publication shall be attached to and filed
with the ordinance for reference. To the extent and in the manner provided by law an ordinance
may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a
code or ordinance or part thereof without publishing the material referred to in full, so long as the
complete reference to the item is included. (Amended by Ordinance 790, Adopted July 23, 2007;
Filed: August 29, 2007.)
Section 3.08. Procedure on Resolutions. Every resolution shall be presented in writing and
read in full before adoption, unless the reading is dispensed with by unanimous consent of the
Council.
i It is the intent of the Charter Commission that the Council will determine which is less costly.
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Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and
emergency ordinance shall take effect immediately upon its adoption or at such later date as it
specifies. Every other ordinance shall take effect thirty (30) calendar days after its publication or at
such later date as it specifies unless challenged by a petition for referendum that is not deemed to be
frivolous by the Council. In the event of a petition for referendum that is not deemed to be
frivolous, the Council must suspend the effective date of the ordinance as specified in Section 5.07
of this Charter. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
Section 3.10. Amendment and Repeal of Ordinances and Resolutions.
Subdivision 1. An ordinance or resolution which repeals all or part of a previous ordinance
or resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed
in whole or in part. No ordinance or resolution shall be amended by reference to the title alone, but
an ordinance or resolution which amends such ordinance or resolution shall set forth in full each
section or subdivision to be amended and shall indicate by appropriate type or symbols matter to be
omitted or added. Amendment or repeal of an ordinance shall require a majority vote of all the
members of the Council, unless otherwise provided in this Charter or by state law.
Subdivision 2. An ordinance or resolution passed under the initiative power shall not be
repealed or amended by the Council except by submission to the voters of the question by the
Council at a regular municipal or special election.
Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City
shall review, revise and rearrange its ordinance code and its resolution index with such additions
and deletions as may be deemed necessary by the Council at least once every two years. The
ordinance code and the resolution index may be published in book, pamphlet, or loose-leaf form,
and copies shall be made available by the Council at the office of the Clerk -Administrator for
general distribution to the public for a reasonable charge. Incorporation in such a code shall be a
sufficient publication of any ordinance provision not previously published, if a notice is placed in
the official newspaper for at least two successive weeks that copies of the codification are available
at the office of the Clerk -Administrator.
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CHAPTER 4
NOMINATION AND ELECTIONS
Section 4.01. The Regular Municipal Election. A regular municipal election shall be held
on the first Tuesday after the first -Monday in November of each even numbered year commencing
in 1980 at such places as the City Council shall designate. At least fifteen days prior notice shall be
given by the Clerk -Administrator by posting a notice thereof in at least one public place in each
election precinct, and by publishing a notice thereof at least once in the official newspaper of the
City stating the time and the places of holding such election and of the officers to be elected.
Failure to give such notice shall not invalidate such election. Elected and qualified officers
provided for by this Charter shall assume the duties of office to which they were elected on the first
business day in January following such election.
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, as amended, no earlier than
seventy days nor later than fifty-six days before any municipal election, any resident of the City
qualified under state law for elective office may, by filing an affidavit and by paying a filing fee
of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the
Clerk -Administrator, have their name placed on the municipal election ballot. (Amended by
Ordinance 736, Adopted May 10, 2004; Filed: May 19, 2004, Amended by Ordinance 759,
Adopted June 13, 2005; Filed: June 22, 2005)
Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary,
no person may file to be a candidate for election to a term that would cause the person to serve more
than eight total years in the office of Mayor or in the office of City Councilmember combined. (11-
8-94 Election, Effective 12-8-94, Filed 2-21-95)
* A city charter provision limiting the term of an elected city official is unconstitutional and
unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995)
(Resolution 5435, 4-24-2000)
Subdivision 3. Service before January 1, 1995 shall not count toward determining total
length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95)
Subdivision 4. Severability. If any part of this section shall be declared unconstitutional by
court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-
21-95)
Section 4.03. Procedure at Elections. Consistent with the provisions of this Charter and
applicable state laws, the Council may by ordinance further regulate the conduct of municipal
elections. Except as otherwise provided by this Charter and supplementary ordinances, general state
laws on elections shall apply to municipal elections.
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Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall
by resolution order a special or advisory election and provide all means for holding it. At least
fifteen days prior notice shall be given by the Clerk -Administrator by posting a notice thereof in at
least one public place in each election precinct, and by publishing a notice thereof at least once in
the official newspaper of the City stating the time and places of holding such election. Failure to
give such notice shall not invalidate such election.
Section 4.05. Vacancy of Municipal Elected Office.
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 within ninety
days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of
the office vacated.
Subdivision 2. The Clerk -Administrator shall give at least sixty days published prior notice
of such special election, except as set forth under Subdivision 5 of this section.
Subdivision 3. The procedure at such election and assumption of duties of elected officers
following such election shall conform as nearly as practicable to that prescribed for other municipal
elections under this Charter.
Subdivision 4. In the case of a vacancy where there remains less than 365 days in the
unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder
of said term. In the case of a tie vote of the Council, the Mayor shall make said appointment.
Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior
to a regular municipal election date, the special election to fill the vacancy shall coincide with the
regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice
of such vacancy shall be published as soon as is practicable. If within the 120 day period before a
regular municipal election, the vacancy occurs in the office of the Mayor or in the office of either or
both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be
considered not to exist for purposes of the election. However, if such vacancy occurs in the office
of either of the other two Councilmembers, the seat shall be filled by the candidate for
Councilmember with the third highest vote total, or, in the case of two vacancies, the third and
fourth highest vote totals. Where two vacancies exist, the candidate with the third highest total shall
fill the vacancy in the office having the longest unexpired term. Candidates filing a vacancy shall
take office at or before the next regularly scheduled Council meeting following election
certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 2004).
Subdivision 6. If there are insufficient numbers of candidates in a regular or special election
to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment
until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall
make said appointment.
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CHAPTER 5
INITIATIVE, REFERENDUM AND RECALL
Section 5.01. General Voter Authority*. The people of Mounds View, have the right in
accordance with this Charter, to propose ordinances (initiative) and to require that any ordinance be
referred to the voters (referendum), except those that appropriate money, levy taxes or deal with
administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove
elected public officials (recall). The term voter(s), as used in Chapter 5, shall refer only to residents
of the Mounds View who first register, or who have registered and are qualified to vote. Per
Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those
who were eligible to or did cast ballots in the previous election. For clarity flow charts and time
lines are attached as appendices at the end of this Charter. In all cases, the Charter text shall take
priority over the appendices should there appear to be a discrepancy. (Amended by Ordinance 790,
Adopted July 23, 2007; Filed: August 29, 2007.)
Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a
committee of five (5) to ten (10) members who are voters of the City and whose names and
addresses must appear on the petition as the Sponsoring Committee. A completed petition consists
of one or more pages gathered together as a single document. Each separately circulated page shall
contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which
apply, respectfully, to initiative, referendum and recall. The Sponsoring Committee may obtain a
sample petition from the Clerk -Administrator. The Clerk -Administrator shall provided the number
of signatures for petition sufficiency which is based on the total number of ballots cast for President
in the most recent Presidential election. All petition circulators must be voters of the City. Each
separate page of the petition must include a certificate signed and dated by the circulator. The
certificate shall affirm that each circulator believes the page to contain the genuine signatures of the
voters whose names they purport to be and that each signer was presented with the full petition.
Each signer of a petition must be a voter of the City and must sign and print their name and give
their street address. The completed petition shall be submitted to the Clerk -Administrator for
review. Any voter whose name appears on a petition may withdraw their name by filing a statement
in writing with the Clerk -Administrator before the Clerk -Administrator advises the Council of the
information related to the sufficiency of the petition or, if such completed petition is deemed
insufficient pursuant to this Charter, during any time period that additional signature papers are
being circulated by the Sponsoring Committee or reviewed by the Clerk -Administrator pursuant to
Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules,
the Council may prescribe by ordinance or resolution, the definition of a frivolous petition.
(Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
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Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet
the requirements set forth in section 5.02 and contain at least the following:
• Petitions for Initiative and Referendum require signatures numbering at least fifteen (15)
percent of the total ballots cast for President in the most recent Presidential election.
• Petitions for Recall require signatures at least twenty five (25) percent of the total ballots
cast for President in the most recent Presidential election.
If all requirements have been met, the Clerk -Administrator shall report to the Council within ten
(10) calendar days of receipt of the completed petition. Thereafter, the Council shall
immediately declare the sufficiency of the petition by resolution. (Amended by Ordinance 790,
Adopted July 23, 2007; Filed: August 29, 2007.)
Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be
frivolous, the Clerk -Administrator shall report to the Council within ten (10) calendars days of
receipt of the petition. If the Council determines the petition is frivolous, the Council shall direct
the Clerk -Administrator to the file the petition as frivolous and no further action shall be taken. If
the Clerk -Administrator determines that the petition does not meet the requirements for sufficiency
and is not determined to be frivolous, a copy of the petition, together with a written statement of its
defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar
days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee
shall have a twenty-one (21) calendar days to file additional signature papers and/or to correct the
specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition,
the Clerk -Administrator shall determine whether the petition as corrected meets the requirements
for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the
Council shall direct the Clerk -Administrator to file the petition as insufficient and notify the
Sponsoring Committee within ten (10) calendar days that no further action will be taken. The final
finding that the petition is insufficient shall not prejudice the filing of a new petition for the same
purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it
shall not prevent the Council from referring the subject matter of the petition to the voters at the
next regular or special election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed:
August 29, 2007.)
Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be
put on a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly
scheduled meeting, the Council shall pass a resolution placing the measure on a ballot. If it is
within one hundred twenty (120) calendar days of a primary or general election and all of the
county election requirements can be met, the measure shall be placed on the ballot at the next
regularly scheduled election. If a measure meets the requirements to be put on a ballot but
cannot be placed on the ballot at a regularly scheduled election, at or before its next regularly
scheduled meeting, the Council shall pass a resolution placing the measure on the ballot and
calling for a special election to be held within one hundred twenty (120) calendar days of said
meeting. However, no special elections can be held between a regular primary election and a
regular general election or forty (40) calendar days after a regular general election. If there is no
regular primary election then no special election shall be held within sixty (60) calendar days
prior to a regular general election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed:
August 29, 2007.)
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Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of
the proposed ordinance must be stated at the head of each page of the petition or attached thereto.
The petition shall be filed in the Clerk -Administrator's office prior to circulation and shall be
valid for one hundred eighty (180) calendar days during which time a completed petition with
signatures must be filed. If a petition for initiative is determined to be frivolous, it is prohibited
from being repeated within one hundred eighty (180) calendar days of the determination. Within
sixty (60) calendar days after final determination of the petition's sufficiency according to
Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to
Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in
Subdivision 3. Any amendment to the proposed ordinance must proceed according to
Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30)
calendar days after publication unless the ordinance specifies a later effective date. If the vote for
adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot
measure for a proposed ordinance fails the same measure is prohibited from being brought
forward again as an initiative within one hundred eighty (180) calendar days of the election
certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council
from proposing a similar ordinance. Amended by Ordinance 790, Adopted July 23, 2007; Filed:
August 29, 2007.)
Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition
without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During
this adoption process, the ordinance cannot be amended but, if adopted, is subject to the
referendum process as defined in Section 5.07. Amended by Ordinance 790, Adopted July 23,
2007; Filed: August 29, 2007.)
Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the
Council, it must be presented to the Sponsoring Committee prior to the first reading of the
proposed ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the
receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and
file a statement with the Clerk -Administrator. Upon receipt of a statement of disapproval from
the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to
Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee,
on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a
statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05 with
no further amendments and, if adopted, is subject to the referendum process as defined in Section
5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on
the ballot as provided in Section 5.05. If an amended ordinance is approved at a first reading, the
Council may choose to submit the ordinance, as amended, as a ballot measure. Amended by
Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses
to submit the ordinance as presented as a ballot measure, they shall proceed as provided for in
Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in its favor, it
shall become effective thirty (30) calendar days after adoption certification of the election results
unless the ordinance specifies a later effective date. If the majority does not vote in favor, the
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ordinance shall not be enacted. (Amended by Ordinance 790, Adopted July 23, 2007; Filed:
August 29, 2007.)
Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
subjected to a referendum by a petition which shall state at the head of each page, or attached
thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee
must file the completed petition in the office of the Clerk -Administrator at least ten (10) calendar
days before the ordinance takes effect. If a petition is determined to be frivolous, no further
action on the petition shall be taken and the adoption of the ordinance shall proceed according to
Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this
chapter, the said ordinance shall thereby be prevented from going into operation, and the subject
matter of the petition shall be placed on the ballot at the next election occurring in the City. If no
election is to occur within 120 days after the filing of the petition, the Council shall call a special
election to be held within such period, providing the petition has been found to be sufficient. If a
majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in
effect. If a majority of the electors voting thereon votes against the ordinance contained in the
petition, it shall be considered repealed upon certification of the election results the Council must
immediately adopt a resolution suspending the effective date of the ordinance until it is decided
by a vote of the public. The Council must also immediately pass a resolution to place the
measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the -voters favors
the ordinance contained in the petition, it shall take effect immediately unless the ordinance
specifies a later date. If a majority votes against the ordinance contained in the petition, it shall
be considered repealed upon certification of the election results. If the petition does not meet the
requirements of sufficiency under the provisions in Section 5.03 of this chapter and is
determined not to be frivolous, the Council must adopt a resolution suspending the effective date
of the ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty-
one (21) calendar days in which to file additional signature papers and/or to correct the specified
insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the
ordinance shall take effect on the date declared by the resolution of suspension. If the corrected
petition is declared sufficient according to Section 5.03, the Council must pass a resolution
suspending the effective date of the ordinance until it can be decided by a vote of the public and
proceed as previously mentioned in this section. (Amended by Ordinance 790, Adopted July 23,
2007; Filed: August 29, 2007.)
Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of
the City by petition. The petition shall state at the head of each page, or attached thereto, a
certificate stating the name of the official whose removal is sought, the grounds for recall, which
shall be malfeasance or misfeasance in office, in not more than two hundred fifty (250) words,
and the intention of the Sponsoring Committee to bring about the official's recall. The petition
shall be filed in the Clerk -Administrator's office prior to circulation and shall be valid for one
hundred eighty (180) calendar days during which time a completed petition with signatures must
be filed.
The Clerk -Administrator shall notify the official sought to be recalled of the petition and proceed
as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be
frivolous, it is prohibited from being repeated within one year of the determination. If the
Council declares the petition sufficient, it shall immediately pass a resolution to place the
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measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar
days of the declaration of sufficiency, the elected official named by the petition may provide a
response for their own course of action in not more than five hundred (500) words. The Clerk -
Administrator shall include with the published notice of the election, the statement of the
grounds for the recall and the response of the official concerned or a statement stating no
response was received. If a majority of those voting on the recall vote in its favor, it shall become
effective immediately upon certification of the election results. If the majority does not vote in
favor, the recall has failed and a petition for recall is prohibited from being repeated for that
elected official for one year from the date of certification of the election. If a vacancy occurs due
to recall election, Section 4.05 herein shall apply to fill said vacancy.
Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in
any way affecting the right of the voters to propose amendments to this Charter which can be
proposed in accordance with MN Statute 410.12, as amended.
* Minnesota courts have limited the powers of initiative and referendum to ordinances which are
legislative in character. General legislative acts lay down some permanent and uniform rule of law,
administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the
product of investigation, consideration and deliberate human judgment based upon evidentiary facts of
some sort.
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CHAPTER 6
ADMINISTRATION OF CITY AFFAIRS
Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible
for the administration of the City. The Council shall appoint an administrative officer to assist in
the administration of City affairs. For purposes of reference in this Charter, this administrative
officer shall be referred to as the Clerk -Administrator.
Section 6.02. Administrative Organization.
Subdivision 1. The Council may by ordinance establish City departments, offices, and
agencies and prescribe their functions. No power or duty conferred by this Charter upon a particular
office or agency shall be transferred to another.
Subdivision 2. The City Council shall hire heads of departments, and such other and further
officers and personnel as may be required to operate the City efficiently. The City Council shall
determine the qualifications thereof and prescribe the duties to be performed by each, except as
otherwise prescribed in this Charter.
Subdivision 3. The head of departments and other officers designated by the Council shall
report in person to the Council and to the public at least once each quarter at a regularly scheduled
Council meeting.
Section 6.03. Duties of the Clerk -Administrator.
Subdivision 1. The duties of the Clerk -Administrator of the municipality shall include the
duties of the Clerk in a statutory city. The Clerk -Administrator shall give the required notice of
each regular and special election, record the proceedings thereof, notify officials of their elections or
appointments to office, certify to the county auditor all appointments and the results of all municipal
elections. The Clerk -Administrator shall also have the duties set forth in the following subdivisions:
Subdivision 2. The Clerk -Administrator shall keep a minute book noting therein all
proceedings of the Council.
Subdivision 3. The Clerk -Administrator shall keep an ordinance book in which shall be
recorded in their entirety all ordinances passed by the Council.
Subdivision 4. The Clerk -Administrator shall keep an account book in which shall be
entered all money transactions of the municipality, including the dates and amounts of all receipts,
and the person from whom the money was received, and all orders drawn upon the Treasurer with
their payee and object.
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Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be
given in full in the minute book if they appear in other permanent records of the
Clerk -Administrator, and can be accurately identified from the description given in the minutes.
The Clerk -Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the
custodian of its seal and records, shall sign its official papers, shall post and publish such notices,
ordinances as may be required, and shall perform such other appropriate duties as may be imposed
upon by the Council. For certified copies and for filing and entering, when required, papers not
relating to municipal business, the Clerk -Administrator shall receive the fees allowed by state law to
town clerks; but the Council may require the Clerk -Administrator to pay such fees to the municipal
treasury. With the consent of the Council, the Clerk -Administrator may appoint a deputy for whose
acts that person shall be responsible and whom may be removed at pleasure. In case of the
Clerk -Administrator's absence from the municipality or disability, the Council may appoint a
Deputy Clerk -Administrator, if there is none, to serve during such absence or disability. The
Deputy may discharge any of the duties of the Clerk -Administrator.
Subdivision 6. The Clerk -Administrator shall supervise the administration as provided by
this Charter and Council action.
Subdivision 7. The Clerk -Administrator shall prepare reports and summaries relating to
contemplated municipal projects and/or improvements, and submit them with recommendations, as
may be required, to the Council for study and subsequent action.
Subdivision 8. The Clerk -Administrator shall prepare an annual fiscal budget and capital
improvement plan for submission to the Council. The Clerk -Administrator shall maintain financial
guide lines for the municipality within the scope of the approved budget and capital program.
Subdivision 9. The Clerk -Administrator shall prepare the annual financial statement and
such other statements that are required by statute.
Subdivision 10. The Clerk -Administrator shall attend all Council meetings and provide
input to the Council. The Clerk -Administrator may with discretion, or by invitation, attend other
committee and commission meetings.
Subdivision 11. The Clerk -Administrator shall supervise municipal employees, programs
and activities, unless otherwise directed by the Council.
Subdivision 12. The Clerk -Administrator shall submit periodic reports to the Council on the
financial condition of the municipal accounts.
Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in
accordance with the prescribed laws and regulations.
Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the
employment or removal of department heads and appointed officials.
Subdivision 15. The Clerk -Administrator shall work in cooperation with the Council's
appointed attorney and engineer.
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Subdivision 16. The Clerk -Administrator shall prepare news releases and develop and
discuss public relations material with all concerned as required. The Clerk -Administrator shall
maintain good public relations with the general public.
Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the
Council, with appointed officials and with other public or private agencies as may be required.
Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state
and county programs which affect the municipality.
Subdivision 19. The Clerk -Administrator shall advise the Council on the terms and
conditions of employee labor contracts for presentation to the Council.
Subdivision 20. The Clerk -Administrator shall prepare an annual report to inform the public
about the financial condition of the City.
Subdivision 21. The Clerk -Administrator shall perform all other duties required by the
Council.
Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be
separate from that of the Clerk -Administrator. The duties of the Treasurer shall be specified by
state law for the Treasurer in a statutory city.
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CHAPTER 7
TAXATION AND FINANCES
Section 7.01 Council to Control Finances. The Council shall have full authority over the
financial affairs of the City except as limited or prohibited by the state constitution, state laws, or
this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and
settlement of accounts. It shall further provide for the safekeeping and disbursements of public
monies by the City Treasurer.
Section 7.02 Fiscal Year. The fiscal year of the City shall be the calendar year.
Section 7.03 System of Taxation. Subject to the state constitution, and except as
forbidden by it or by state law, the Council shall have full power to provide by ordinance for a
system of local taxation. This authority includes the power by ordinance to assess, levy, and
collect taxes on all subjects or objects of taxation except as limited or prohibited by the state
constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of
Charter provisions.
Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money
against real and personal property) shall not exceed the lesser of the following formulas; either
the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price
Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for
all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S.
Department of Labor, Bureau of Labor Statistics.
Subdivision 2. The City Council may levy a tax against real and personal property in
excess of the limit set in Subdivision 1 provided the Council shall:
A) Adopt a resolution declaring the necessity for a n additional tax levy and specifying
the purposes for which such additional tax levy is required.
B) Hold a public hearing upon at least 10 days posted and published notice in the City's
official newspaper, City newsletter, and, if available, the City web site, setting forth
the contents of the resolution described in Subdivision 2A.
C) After such public hearing, adopt by an affirmative vote of at least four (4) members of
the Council such resolution language which is readily understandable and a summary
of such resolution will be the ballot question for the electorate at the next regular
municipal election or special election, per this Charter's Section 4.04, as amended,
prior to the final levy approval.
D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of
this Charter then the levy shall be implemented in the following fiscal year or later
date as specified in the resolution.
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Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in
Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section.
a) For the purposes of this Section, "fee" includes utility charges (other than water,
sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable,
gas and electric), Administrative offense fees, and shall also include any other fee that
produces a tax burden or direct financial obligation to a simple majority of property
owners and/or residents of Mounds View.
b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee,
park or recreational participation fees, charges for photo -copying, sales of municipal
liquor store products, Building and Zoning Permit or Inspection and Planning fees, or
civil, criminal and banking fines and other charges collected in cases of restitution or
violation of law or contract. The term "fee" does not include charges collected by the
direction of the State, County or other taxation authority, or as a result of joint powers
agreements. The term "fee" also does not include rental housing fees, liquor license
fees, cable television service fees, annual license fees for the operation of a regulated
business, and any miscellaneous fees for services, including health and safety related
Code enforcement, and other goods, services or materials routinely provided by the
City to its citizens or other members of the public which, by law, must be limited to
the actual cost of the service being provided. The term "fee" shall not include any
special assessments made under Minnesota Statutes Section 429, as amended.
c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary
increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal
definition of a tax or fee base, and an extension of an expiring tax or fee.
d) This Section does not apply to any specific emergency measure authorized in Chapter
7 Section 7.12. or MN Statute 475.754, as amended.
Subdivision 4. The City shall not levy to increase any fund reserve beyond 50% of an
average of that fund's previous five years annual expenditures. The Council may raise a fund's
reserve beyond 50% provided:
a) the Council designates by resolution and holds a public hearing reviewing the purpose
of the reserve increase and the City follows such proposed increase with the steps
outlined in Subdivision 2 of this Section the year prior to the collection of such
increased taxation or fee, or
b). the Council modifies and adopts by resolution the Five Year Financial Plan, as
defined in Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose
and the City follows such proposed increase with the steps outlined in Subdivision 2
of this Section the year prior to the collection of such increased taxation or fee.
Moneys raised by Tax Increment Financing shall not be included in the calculation of reserve
limit. This Subdivision and Section shall not limit or impair the City's ability to create Tax
Increment Financing or enter into Development Agreements specified by MN Statutes 469.174
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to 469.1799, as amended. This Subdivision shall not require the City to divest or expend any
excess of any reserve fund(s) currently exceeding the specified limit, provided the Council,
within 90 days of adopting this Section, designates by resolution the purpose of the reserve or
adopts a modified Five Year Financial Plan reflecting the reserve purpose.
Subdivision 5. Nothing in this Section shall be construed to impair any general obligation
the City may have in support of otherwise lawful indebtedness or similar obligation supported by
the full faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City.
(Section 7.03 Amended by Referendum Election, November 2006)
Section 7.04 Submission of Budget.
Subdivision 1. Annually, on or before the 15th calendar day of September of each year or
as specified by MN Statute 275.065, as amended, the Clerk -Administrator shall submit to the
Council the budget estimates for funds levying property taxes for the ensuing fiscal year and an
accompanying summary message in accordance with a budget calendar to be established by
resolution.
The total proposed operating budget to be provided from the property tax shall not exceed
the amounts authorized by state law and this Charter. Consistent with these provisions, the budget
shall contain such information and be in the form prescribed by the City Council. The final budget
shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year
and except as required by state law or this Charter, shall be in such form as the Council may require.
It shall include a summary and show in detail all estimated income and all proposed expenditures,
including debt service and comparative figures for the current fiscal year, actual and estimated, and
the preceding year. In addition to showing proposed expenditures for current operations, it shall
show proposed capital expenditures to be made during the year and the proposed method of
financing each such capital expenditure.
Subdivision 2. For each enterprise operated by the City, its proposed and final budgets
shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition
method.
Subdivision 3. The Clerk -Administrator's message shall explain the budget, both in fiscal
terms and in terms of the work programs, linking programs to goals of the City and community
priorities. It shall outline the proposed financial policies and programs of the City for the
ensuing fiscal year and the impact of those policies and programs compared to the City's current
five-year plan, as adopted by the City Council. It shall describe the important features of the
budget, indicate any major changes in financial policies, expenditures, and revenues together
with the reasons for such changes. It shall summarize the City's debt position for each fund,
including factors affecting the ability to raise resources through debt issues, and include such
other material as the Clerk -Administrator deems desirable or as requested by the City Council
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Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the
public with a general time table for the annual budget process. The dates are guidelines and
subject to change by the City Council and MN Statute 275.065, as amended.
Activity Estimated Time Period
Five -Year Plan: Development Jan. 1 to May 1
Five -Year Plan: Public Review May 1 to May 20
Five -Year Plan: Council Approval May 20 to June 1
Annual Budget Calendar: Adopted by Council June 1
Five -Year Plan: Published to Public June 1 to Aug. 1
Annual Budget: Public Input to Department June 1 to Sept 1
Annual Budget: Clerk -Administrator Develops
Summary and Estimate Proposal for Council
Aug. 1 to Sept. 15
Annual Budget: Estimates Submitted to Council Sept. 15
Annual Budget: Proposal and Tax Levy Estimates
Council Adoption
Sept. 15
Annual Budget: Council Review and Amend Sept. 15 to Nov 23
Annual Budget and Tax Levy: Proposal
Published to Public Sept. 15 to Dec. 1
Annual Budget and Tax Levy: Public Review Sept. 15 to Dec. 20
Annual Budget: Public Hearing Advertised Nov.
Annual Budget and Tax Levy: Initial Public Hearing Nov. 29 to Dec. 20
Annual Budget and Tax Levy: Council Adoption Dec. 5 to Dec. 20
Annual Budget and Tax Levy: Final Council
Budget Summary Published to Public Dec. 20 to Feb. 1
Section 7.05 Five -Year Financial Plan.
Subdivision 1. The City Council shall have prepared a five-year financial plan commencing
with the ensuing calendar year. The City Council shall hold a public hearing on the five-year
financial plan and adopt it by ordinance, with or without amendment, by June 1st of each year. The
financial plan shall consist of at least the following three elements as specified in subdivisions 2-4
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which follow:
Subdivision 2. The Capital Improvement Program shall contain a list of all capital
improvements proposed to be undertaken during the next five fiscal years, with appropriate
supporting information as to the necessity for such improvements; cost estimate, method of
financing and recommended time schedule for each such improvement; and the estimated annual
cost of operating and maintaining the facilities to be constructed or acquired. This information shall
be revised and extended each year for capital improvements still pending or in process.
Subdivision 3. A Five -Year Revenue and Expense Estimate shall contain a tentative revenue
policy that describes five-year plans for financing public services and capital improvements. It shall
measure the objectives and needs for each City department, the standard of services desired, and the
impact of each such service on the annual operating budget.
Subdivision 4. The Capital Budget shall be a summary on the basis of a five-year period of
the capital or money requirements for the above described programs. It shall list a priority for each
anticipated investment in community facilities and balance this with a consideration of the
availability of necessary revenues.
Subdivision 5. A summary of the five year financial plan shall be published before August
1st each year in the official City newspaper, the City newsletter, and, if available, the City web site.
Section 7.06. Council Action on Budget.
Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The
calendar will establish the time line for development and submission of the budget and allow for
public review and comment in accordance with this Charter, the City Council, and MN Statute
275.065, as amended. The budget shall be considered at the first regular monthly meeting of the
Council in September and at subsequent meetings until a budget is adopted for the ensuing year.
The budget calendar will provide a 30-day period for public review and input to the annual
budget prior to final approval by the City Council. The meetings shall be so conducted as to give
interested citizens a reasonable opportunity to be heard. The Council may revise the proposed
budget but no amendment to the budget shall increase the authorized expenditures to an amount
greater than the sum of estimated income and reserves. The Council shall adopt the budget by a
resolution that shall set forth the total for each budgeted fund and each department. The budget shall
indicate the sums to be raised and from what sources and the sums to be spent and for what purpose
as the Council deems necessary for establishing the budget. The Council shall also adopt a
resolution levying the amount of taxes provided in the budget, and the Clerk -Administrator shall
certify the tax resolution to the County Auditor in accordance with state law. Adoption of the
budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed
in the resolution of the several purposes named
Subdivision 2. As specified by MN Statute 275.065, as amended, before the budget is
adopted for the ensuing fiscal year, a public hearing notice and summary of the proposed budget
will be published in the official City newspaper, the City Newsletter, and, if available, the City
web site. Such summary should be readily understandable by the layperson, and should provide
appropriate supporting information as to the necessity for any increase in the budget over the total
for the current fiscal year. Failure to provide the specified summary will not invalidate the budget.
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The final budget will be published in accordance with Minnesota Statutes on Truth in
Taxation or no later than 60 days after adoption by the Council in the official City newspaper,
the City newsletter and, if available, the City web site.
Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal
year, the preceding months fiscal year budget shall go into effect for up to thirty-one (31) days or
until the Council adopts a budget.
Section 7.07. Enforcement of the Budget. The Clerk -Administrator may designate
department heads or other staff who may assist with each fund or department in the annual budget.
It shall be the duty of the Clerk -Administrator to strictly enforce the detail provisions of the budget.
The City Council shall strictly enforce the provisions of the budget. The City Council shall not
authorize any payment or the incurring of any obligation by the City, unless an appropriation has
been made in the budget resolution, and there is a sufficient unexpended balance after deducting the
total past expenditures and encumbrances against the appropriation. No officer or employee of the
City shall place any order or make any purchase unless the amount is authorized in the budget
resolution and in compliance with the purchasing policies of the City as established by the City
Council, the City Charter, the City Code, and Minnesota Statutes. Any obligation incurred by any
person in the employ of the City for any purpose not authorized in the budget resolution, or for any
amount in excess of the amount authorized, shall be a personal obligation upon the person incurring
the obligation. No check shall be issued or transfer made to any account other than one owned by
the City until the claim to which it relates has been supported by an itemized bill, payroll, or time
sheet or other document approved and signed by the responsible City officer who vouches for its
correctness and reasonableness.
Section 7.08. Alterations in the Budget. After the budget resolution has been adopted, the
Council may amend the budget by resolution, but shall not increase the amounts fixed in the
resolution beyond the sum of estimated receipts and reserves, except to the extent that actual
receipts exceed the estimate or to implement Section 7.12 herein. At any time the Council may by
resolution reduce the sums appropriated for any purpose, to increase reserves or authorize the
transfer of sums from unencumbered balances in the budget.
Section 7.09. Funds. There shall be maintained in the City treasury a general fund and such
other funds as may be required by state law, ordinance, or resolution. The Council may, by
resolution or ordinance, make inter -fund loans, except from trust and agency funds, as it may deem
necessary and appropriate.
Section 7.10. City Indebtedness. (Amended by Ordinance 782, Adopted January 8, 2007;
Published January 27, 2007)
Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation shall be
issued to pay current expenses, but the Council may issue and sell obligations for any other
municipal purpose in accordance with state law and within the limitations prescribed by law. All
such obligations shall be issued and sold only with the approval of the majority of the voters
voting on the question at a general or special election, except in the case of obligations for which
an election is exempted by this Charter or by state law.
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Subdivision 2. A description of each such proposed issue shall be published in the
official City newspaper, and, if available the City Newsletter and the City web site, but failure to
give such description, or any defect in the description, shall not invalidate the issue.
Section 7.11. 1. Anticipation Certificates. At any time after January 1, in accordance with
MN Statute 412.261, as amended, with the following restrictions; the Council may issue certificates
of indebtedness in anticipation of state and federal aids and the collection of taxes levied the
previous year for any fund and not yet collected. The total amount of certificates issued against any
fund for any year together with interest thereon until maturity shall not exceed 90% of the total state
and federal aids and current taxes due to the fund and uncollected at the time of issuance. Such
certificates shall be issued on such terms and conditions as the Council may determine, but they
shall become due not later than August 1st of the year following their issuance. The proceeds of the
tax levied and such state or federal aids as the governing body may have allocated for the fund
against which tax anticipation certificates are issued, and the full faith and credit of the City shall be
irrevocably pledged for the redemption of the certificates.
Section 7.12. Emergency Debt Certificates. If in any year the receipt from taxes,
availability of reserves, or other sources should for some unforeseen cause become insufficient for
the ordinary expenses of the City, or if any calamity or other public emergency necessitates the
making of extraordinary expenditures, the Council may by ordinance issue, on such terms and in
such manner as the Council determines, emergency debt certificates not to exceed 10% of the total
City budget and to run not to exceed three years. Taxes sufficient to pay principal and interest on
such certificates with the margin required by law shall be levied as required by law. The ordinance
authorizing the issue of such emergency debt certificates shall state the nature of the emergency and
be approved by at least three members of the Council. It may be passed as an emergency ordinance.
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CHAPTER 8
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. Power to Make Improvements and Levy Assessments. The City may make
any type of public improvement not forbidden by law and levy special assessments to pay all or any
part of the cost of such improvements as are of a local character. The total assessments for any local
improvement may not exceed the cost of the improvement, including all costs and expenses
connected therewith, with interest. No assessment shall exceed the benefits to the property.
Section 8.02. Effective Charter Provisions. Local improvements (the term "local
improvement" shall mean a public improvement financed partly or wholly from special
assessments) shall be carried out exclusively under the provisions of this Charter.
Section 8.03. Local Improvement Ordinances and Regulations. Within 90 days after this
Charter goes into effect, the Council shall enact suitable ordinance(s) governing local improvements
and special assessments. The ordinance(s) shall provide a complete working code covering the
determination of assessments and assessment Districts, public hearings, appeals from a collection of
assessments, penalties for delinquency in making payments, financing of said assessments, and the
certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall
also provide for installment payments and notices to be given thereof, appellate procedure, re-
assessment, if necessary, and all other matters appropriate to the subject of local improvements and
assessments. After the adoption of such ordinance(s) providing for local improvements, all
procedures in compliance therewith shall conform to the regulations as set forth in such
ordinance(s) and as otherwise contained in this Charter.
Section 8.04. Procedure.
Subdivision 1. All improvements to be paid for by special assessments against the benefited
property shall be instituted by either, (1) the petition of at least twenty-five percent in number of the
benefited property owners together with a resolution adopted by an affirmative vote of the majority
of all of the Council, or, (2) a resolution adopted by a four -fifths affirmative vote of all of the
Council. The Council resolution shall state the nature and scope of the proposed improvement, and
shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both
in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a
date for a public hearing on the proposed improvement, setting forth therein the time, place and
purpose of such hearing. Such resolution shall be described in the City Newsletter and published
twice at least one week apart in the official newspaper of the City no less than two weeks prior to
the date of said hearing, and in addition thereto, a copy of such resolution including estimated unit
prices and estimated total price thereof shall be mailed to each benefited property owner at owner's
last known address at least two weeks prior to the date of said hearing. Failure to give mailed
notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City
Council shall receive any written and oral statements, and hear any petitioners for or against the
proposed improvement. A period of sixty days shall elapse after the public hearing before any
further action shall be taken by the Council on the proposed improvement. If within such sixty day
period, a petition against such improvement be filed with the Council, signed by a majority of the
owners proposed to be assessed for the improvement, or, when the improvement has been petitioned
for, signed by a number of the owners proposed to be assessed for such improvement at least equal
24
to the number of those who petitioned for the improvement, the Council shall not make such
improvement at the expense of the property benefited, unless, in the meantime, there be filed with
the Council a petition asking that the improvement be made, signed by property owners proposed to
be assessed for such improvement at least equal in number to those who signed the petition against
the improvement; in which event the Council may disregard the petition against the improvement.
Any person whose name appears on a petition to the Council for a local improvement, or on a
petition to the Council against a local improvement, may withdraw their name by a statement in
writing filed with the Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions in Subdivision 1, when less than 100 percent of
the estimated cost of a proposed local improvement is to be paid for by special assessment, within
the sixty day period after a public hearing has been held on the proposed improvement, a petition
may be filed with the Council, signed by a majority of the number of electors who voted for Mayor
in the last regular municipal election, protesting against either the improvement, or the assessment
formula, or both. In this event, the Council shall not proceed with the improvement, as proposed.
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions
the Council may proceed at anytime between sixty days and one year after the public hearing on the
improvement. However, no contract shall be let in the event that the current proposed contract
exceeds the estimated cost by more than ten percent.
Subdivision 4. When a proposed improvement is disallowed under the foregoing
subdivisions, the Council shall not vote on the same improvement within a period of one year after
the public hearing on said improvement.
Section 8.05. Assessments for Services. The Council may provide by ordinance that the
cost of City services to streets, sidewalks, or other public or private property may be assessed
against property benefited and may be collected in the same manner as special assessments. Such
costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8.03 of
this chapter.
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CHAPTER 9
EMINENT DOMAIN
Section 9.01. Acquisition of Property. The City may acquire by purchase, gift,
condemnation, or otherwise, any real property, either within or without its boundaries that may be
needed by the City for any public purpose. In acquiring property by exercising the power of
eminent domain, the City shall proceed according to Minnesota law, Chapter 117, as amended, or
other applicable items. (Amended by Ordinance 749; Adopted September 27, 2004; Filed: October
13, 2004).
26
CHAPTER 10
FRANCHISES
Section 10.01. Except as otherwise provided by state law, no person, firm or corporation
shall place or maintain any permanent or semi -permanent fixtures in, over, upon or under any street
or public place for the purpose of operating a public utility, or for any other purpose, without a
franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be
an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is
submitted to the voters of the City following a public hearing and approved by at least a majority of
those voting thereon. Every ordinance granting a franchise shall contain all the terms and
conditions of the franchise. The grantee shall bear the costs of publication of the franchise
ordinance and shall make a sufficient deposit with the Clerk -Administrator to guarantee publication
before the ordinance is passed.
Section 10.02. Term. No perpetual franchise or privilege shall be created, nor shall any
exclusive franchise or privilege be granted for a period of more than twenty-five years.
Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates,
fares, or prices to be charged by a public utility are fixed by the Council, the Council shall hold a
public hearing on the matter. Notice of such hearing shall be published at least once in the City
Newsletter and in the official newspaper not less than ten days prior to the date of the hearing.
Section 10.04. Power of Regulation Reserved. Subject to any applicable state law, the
Council may by ordinance reasonably regulate and control the exercise of any franchise, including
the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be
included in the valuation of the grantee's property in regulating utility rates, fares, or prices under
any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of
the grantee's property by purchase or eminent domain.
Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any
existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and
shall be granted in the same manner as a new franchise.
27
CHAPTER 11
PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. Acquisition and Operation of Utilities. The City may own and operate any
gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility
service, or for supplying utility service to private consumers or both. It may construct all facilities
reasonably needed for that purpose, and may acquire any existing utility properties so needed; but
such action may only be taken by ordinance, which shall not be an emergency ordinance. The
operation of all public utilities owned by the City shall be under the supervision of the City Council.
Section 11.02. Rates and Finances. The Council may by ordinance fix rates, fares and
prices for municipal utilities, but such rates, fares and prices shall be just and reasonable. The
Council shall endeavor to make each municipal utility financially self-sustaining. Before any rates,
fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a public
hearing on the matter in accordance with Section 11.06 of this chapter. The Council shall prescribe
the time and the manner in which payments for all such utility services shall be made, and may
make such other regulations as may be necessary, and the penalties for violations of such
regulations.
Section 11.03. Purchase in Bulk. The Council may in lieu of providing for the local
production of gas, electric, water and other utilities, purchase the same in bulk and resell them to
local consumers at such rates as it may fix. Before such rates are fixed by the Council, the Council
shall hold a public hearing on the matter in accordance with Section 11.06 of this chapter.
Section 11.04. Lease of Plant. The Council may, if the public interest will be served
thereby, contract with any responsible person, co -partnership or corporation for the operation of any
utility owned by the City upon such rentals and conditions as it may deem necessary; but such
contract shall not be an emergency ordinance. In no case shall such contract be for a longer term
than ten years.
Section 11.05. Public Utility, How Sold. No public utility owned by the City shall be sold
or otherwise disposed of by the City unless the full terms of the proposition of said sale or other
disposition thereof, together with the price to be paid therefor, shall be embodied in an ordinance
approved by a majority of the registered voters voting thereon at a general or special election.
Before such ordinance is submitted to a vote, the Council shall hold a public hearing on the matter
in accordance with Section 11.06 of this chapter.
Section 11.06. Notice of Public Hearings,. Notice of public hearing required by this chapter
shall be published at least once in the official newspaper and in the City Newsletter at least ten days
prior to the date of the hearing. Additional notice of such public hearing may be given in such
manner as the Council may determine.
28
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12.01. Official Publication. The Council shall annually designate a legal newspaper
of general circulation in the City as its official newspaper in which shall be published ordinances
and other matters required by law and this Charter to be so published, as well as such other matters
as the Council may deem it in the public interest to have published in this manner
Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the
duties of their office, take and subscribe an oath of office in substantially the following form: "I do
solemnly swear (or affirm) to support the Constitution of the United States and of this state and to
discharge faithfully the duties devolving upon me as (Mayor, Councilmember, Clerk -Administrator,
etc.) of the City of Mounds View to the best of my judgment and ability."
Section 12.03. City Officers not to be Interested in Contracts. Except as otherwise
permitted by state law, no officer of the City, who is authorized to take part in any manner in any
contract with the City, shall voluntarily have a personal financial interest in such contract or
personally benefit financially therefrom.
Section 12.04. Official Bonds. The Clerk -Administrator, the City Treasurer, and such other
officers or employees of the City may be provided for by ordinance shall each, before entering upon
the duties of their respective office or employment, give a corporate surety bond to the City in such
form and in such amount as may be fixed by the Council as security for the faithful performance of
their official duties. This corporate surety bond may be in the form of either individual or blanket
bonds at the discretion of the Council. They shall be approved by the Council, and approved as to
form by the City Attorney, and filed with the Clerk -Administrator. The premiums on the bonds
shall be paid by the City.
Section 12.05. Sales of Real Property. No real property of the City shall be disposed of
except by ordinance The proceeds of any sale of such property shall be used as far as possible to
retire any outstanding indebtedness incurred by the City in the purchase, construction, or
improvement of this or other property used for the same public purpose. If there is no such
outstanding indebtedness, the Council may by resolution designate some other public use for the
proceeds.
Section 12.06. Vacation of Streets. The Council may by ordinance vacate any street or
alley or other public grounds or part thereof within the City. Such vacation may be made only after
published notice in the official newspaper and an opportunity for affected property owner and
public to be heard, and upon such further terms and by such procedure as the Council by ordinance
may prescribe. A notice of completion of such procedure shall be filed in accordance with law.
Section 12.07. Statutes not Affected by Charter. All general laws and statutes of the state
applicable to all cities operating under Home Rule Charters, or applicable to cities of the same class
as the City of Mounds View operating under Home Rule Charters, and not inconsistent with the
provisions of this Charter, shall apply to the City of Mounds View, and shall be construed as
supplementary to the provisions of this Charter.
29
Section 12.08. City to Succeed to Rights and Obligations of Former Charter. The City shall
succeed to all the property, rights, and privileges, and shall be subject to all legal obligations of the
City under the former Charter.
Section 12.09. Existing Ordinances and Resolutions Continued. All ordinances, resolutions
and regulations of the municipality in force when this Charter takes effect, and not inconsistent with
the provisions thereof, are hereby continued in full force and effect until amended or repealed.
Section 12.10. Officers to Continue for Present Terms. All elective and appointive officers
of the City holding office on the effective date of this Charter shall continue in office for the terms
to which they were elected or appointed, and until their successors shall have been elected or
appointed and have qualified.
Section 12.11. Pending Condemnations and Assessments. Any condemnation or
assessment proceeding in progress when this Charter takes effect shall be continued and completed
under the laws under which such proceeding was begun. All assessments made by the municipality
prior to the time when this Charter takes effect shall be collected, and the lien thereon enforced in
the same manner as if this Charter had not been adopted.
Section 12.12. Ordinances to Make Charter Effective. 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 this Charter.
Section 12.13. A newsletter shall be published by the City at regular intervals at least four
(4) times each year. The City of Mounds View may use several delivery methods if necessary to
deliver the newsletter to at least each non-commercial postal delivery address within the City of
Mounds View unless the resident has requested not to receive the city newsletter. If practicable, a
copy of the newsletter shall be posted on the city website. (Revisions to Section 12.13 effective April 22,
2008)
Section 12.14. This Charter becomes effective January 1, 1980, or thirty days after
adoption, whichever comes later.
Revision History: (since 2004)
Ord 800, adopted Jan 14, 2008 — Amended Section 12.13
Ord 799, adopted Sep 24, 2007 — Amended Section 12.01
Ord 790, adopted Jul 23, 2007 — Amended Chapters 3 and 5
Ord 782, adopted Jan 8, 2007 — Amended Section 7.10
Ord 772, adopted May 22, 2006 — Amended Chapter 7
Ord 759, adopted Jun 13, 2005 — Amended Section 4.02
Ord 749, adopted Sep 27, 2004 — Amended Section 9.01
Ord 748, adopted Sep 27, 2004 — Amended Section 4.05
Ord 742, adopted Sep 27, 2004 — Amended Section 2.06
Ord 736, adopted May 10, 2004 — Amended Section 4.02
30
Mounds View Charter Appendix A
Timeline for a ballot issue related to Initiative, Referendum or Recall
Revision Date 7/21/2007
Election Year
Date of resolution to prepare for a ballot
Date of regular primary election if scheduled.
A special election may be scheduled concurrent with
primary election even if it is less than 60 days prior
to the general election.
Date of regular general election.
A special election may be scheduled concurrent with
general election.
Special election. If a majority of those voting
on the ballot issue vote in its favor, the
resulting action shall be determined by the
respective section of this Charter.
j I i
j No i
Special
Election
If primary
scheduled
60
days Max
1 120
j days
No
Special
Election
60
days
4 j
No
Special
Election
40
days
I I
Non Election Year
Date of resolution to prepare for a ballot
Special election. If a majority of those voting
on the ballot issue vote in its favor, the
resulting action shall be determined by the
respective section of this Charter.
31
Mounds View Charter Appendix B - Initiative Process Flow Diagram -Revision Date 7/12/2007
Form Committee of 5 to 10
members and file a copy
of the petition with the
Clerk- Administrator prior
to circulation.
Charter Sec 5.02, 5.06
Within 180 days of filing
Obtain at least petition, Deliver All
--0. 15% of the number of —* Required Information to
votes cast for President, Clerk -Administrator
most recent election Sec 5.06
Sec 5.03
Within 21 calendar days the Sponsoring Committee must
submit corrected petition to Clerk -Administrator. Sec 5.04
Within 10 calendar days of receiving completed petition
Clerk -Administrator notifies the City Council and
Sponsoring Committee of deficiencies. Sec 5.04
Declare petition frivolous & notify
Sponsoring Committee no further action
will be taken. Sec 5.06
ity Counci
offers an
amendment ?
Sec 5.06
City Council
Chooses to place
measure on a
ba lot
Ye„
Yes
No
4
Council
determined petition
was frivolous ?
Sec 5.02,
5.04
Yes
City Council immediately declares
sufficiency by resolution and must
either adopt an Ordinance or pass a
resolution to place the measure on a
ballot within 60 calendar days.
Sec 5.03, 5.06
Sponsoring
Committee disapproves
the amendment within 14
calendar days?
ec 5.0.
Hold First Reading, schedule a
public hearing pursuant to MN
Stat. 410.12 and any additional
requirements. Sec 5.06
Yes
City Council
Chooses to place
measure on a
ballot
Yes
Is this the
first time petition
is being tested for
sufficiency ?
Sec 5.03
Yes
Have all
requirements
been met ?
Sec 5.03, 5.04
Yes
Within 10 calendar
days of receiving
completed petition
Clerk -Administrator
reports to City
Council - Sec 5.03
Have all
requirements
been met ?
Sec 5.03, 5.04
Yes
Within 9 calendar
days of eceiving
corrected petition
Clerk -Administrator
reports to City
Council - Sec 5.04
1•
City Council
Chooses to place
Measure on a ballot
without
amendment ?
City Council
pass Ordinance by
majority vote ?
ec 5.0
No
File petition as insufficient
and notify Sponsoring Committee
within 10 calendar days that no further
action will be taken. Sec 5.04
Yes
Ordinance takes effect
30 calendar days after
publication unless a later
date is specified in the
Ordinance Sec 5.06
City Council must pass a resolution to place the
measure on a ballot. Sec 5.05, 5.06.
Prepare for ballot within 120 days of City Council resolution
to place the measure on a ballot. Sec 5.05.
Did a majority
of those voting on the
Ordinance vote in favor
Sec 5.06
Yes
Ordinance takes effect 30 calendar
days after election unless a later date
is specified in the Ordinance. Sec 5.06 /
No Ordinance fails and
process ends for this petition.
Sec 5.06
Mounds View Charter Appendix C - Referendum Process Flow Diagram - Revision Date 712'2007
Form Committee of
5 to 10 members.
Sec 5.02
Obtain at least 15%
of the number of
votes cast for
President, most
recent election
Sec 5.03
—►
Deliver all required
information to Clerk -
Administrator at least
10 calendar days
prior to Ordinance
taking effect
Sec 5.07
Within 21 calendar days the Sponsoring
Committee must submit corrected petition
to Clerk -Administrator. Sec 5.04
Within 10 calendar days of receiving
completed petition, Clerk -Administrator
notifies the City Council and Sponsoring
Committee of deficiencies. Sec 5.04
Declare petition frivolous & notify
Sponsoring Committee no further action
will be taken. Sec 5.07
Council
determined petition
was frivolous ?
Sec 5.02,
5.04
Yes
Is this the
first time Petition
Is being tested for
Sufficiency ?
Sec 5.03
Yes
Have all
requirements
been met ?
Sec 5.03, 5.04
Yes
Within 10 calendar
days of receiving
completed petition
Clerk -Administrator
reports to City
Council - Sec 5.03
Have all
requirements
been met ?
Sec 5.03, 5.04
Yes
Within 9 calendar
days of receiving
corrected petition
Clerk -Administrator
reports to City
Council - Sec 5.04
City Council must -mmediately adopt
resolutions declaring the petition
sufficiency, suspending the Ordinance
and placing the measure on a ballot.
Sec 5.07
Prepare for ballot within
120 days of City Council passing a
resolution to place the measure on a
ballot. Sec 5.05, 5.07
Did a majority
of those voting on the
Ordinance vote in favor
Sec 5.07
Yes
COrdinance takes effect immediately
unless a later date is specified in the
Ordinance Sec 5.07
File petition as insufficient
and notify Sponsoring Committee
within 10 calendar days that no 4
further action will be taken. /
Sec 5.04 //
1—Ordinance fails and
► Is considered repealed.
Sec 5.07
JJ
Mounds View Charter Appendix D
Adoption of Ordinance with allowance
for Citizen Referendum - Timeline
Revision Date 7112/2007
Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 3
Form Sponsoring Committee of 5 to 10 members
>= 10 days
I I
>= 14 days
Set a public hearing for proposed Ordinance
Hold public hearing & First Reading
not required to be in the same meeting
First opportunity for referendum petition submission -- ----- ¶ —I
8 —17 days
<= 28 days
I j
I I
= 30 days
>= 10 days
j j
I I
I I
<= 21. days
1
= 30 days
I I
>= 9 days
Submit completed referendum petition with
signatures to Clerk -Administrator
Clerk -Administrator provides a written report. The
Council either determines the petition is frivolous;
passes resolutions for petition sufficiency, suspending
the Ordinance and placing the Ordinance on a ballot; or
passes a resolution delaying the effective date of the
Ordinance 30 days to allow process completion.
Submit completed referendum petition with deficiencies
corrected to Clerk -Administrator
Council either, passes resolutionis for petition
sufficiency, suspending the Ordinance and placing the
Ordinance on a ballot, or directs the petition be filed as
insufficient and the Ordinance takes effect.
Clerk -Administrator provides written notice of petition
insufficiency to Sponsoring Committee
If the City Council passed a resolution to place the
Ordinance on a ballot, it must occur within 120 days of
the resolution pursuant to Charter Section 5.05
Second Reading / adoption
Publication of Ordinance
Ordinance takes effect unless challenged
by a non frivolous referendum petition
Ordinance takes effect unless referendum
petition is sufficient
See Appendix A
Mounds View Charter Appendix E - Recall Process Flow Diagram - Revision Date 7/12/2007
Form Committee of 5 to 10
members and file copy of petition
stating the official's name and the
grounds for recall with Clerk -
Administrator prior to circulation.
Charter Section 5.02, 5.08
The Clerk -Administrator shall notify
the official sought to be recalled of
the petition Sec 5.08
--►
Obtain at least 25%
of the number of
votes cast for
President, most
recent election
Sec 5.03
Within 180 days of
filing petition, deliver
all required
information to Clerk -
Administrator
Sec 5.08
Within 21 calendar days the Sponsoring
Committee must submit corrected petition
to Clerk -Administrator. Sec 5.04
Within 10 calendar days of receiving
completed petition, Clerk -Administrator
notifies the City Council and Sponsoring
Committee of deficiencies. Sec 5.04
Declare petition frivolous & notify
Sponsoring Committee no further
action will be taken. Sec 5.08
No
4
Council
determined petition
was frivolous ?
Sec 5.02,
5.04
Yes
No
City Council must immediately
pass a resolution declaring
sufficiency and placing the item
on a ballot. Sec 5.03, 5.08
Is this the
first time petition
is being tested for
Sufficiency ?
Sec 5.03
Yes
Have all
requirements been
met ?
Sec 5.03, 5.04
Yes
Within 10 calendar
days of receiving
completed petition
Clerk -Administrator
reports to City
Council - Sec 5.03
Have all
requirements been
met ?
ec 5.03, 5.0
Yes
:within 9 calendar
days of receiving
corrected petition
Clerk -Administrator
reports to City
Council - Sec 5.04
♦
The official sha I be allowed 14
calendar days to provide a response
in not more than 500 words.
Sec 5.08
Prepare for ballot within 120 days of City
Council passing a resolution to place the
item on a ballot. Sec 5.05, 5.08
Did a majority
of those voting on the
recall vote in Favor
Sec 5.08
Yes
The official is recalled and the vacancy
shall be filled pursuant to Section 4.05
of the City Charter. Sec 5.08
Declare petition terminated
due to insufficiency & notify
Sponsoring Committee no further
action will be taken. Sec 5.04
Recall fails. Sec 5.08