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2003-21 I I I BILL NO. 2003-21 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backqround; findinqs; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of Amendments to certain sections of the charter and recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendments is set out in Sections 2.02, 2.03 and 2.04 of this ordinance. 1.03. A public hearing on the Amendments was held on November 12, 2003 by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 3.05 of the Richfield City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances sRaJ.l must be in the words "City of Richfield does ordain." Every ordinance sRaJ.l must be presented in writing. No ordin::mco oxcopt ::m omergoncy ordin::mce ch:::111 bo p:::1ccod :::1t tho mooting :::1t '.'..,hich it is introducod :::1nd :::1t IO:::1ct f-ourtoon (11) d:::1Yc ch:::111 ol:::1pco bohvoon itc introduction :::1nd fi n:::1 I p:::1CC:::1go. Except for an emerqency ordinance, every ordinance must be introduced at a meeting that occurs no less than fourteen (14) days before the meeting at which the ordinance is finally passed." 2.03. Section 4.07 of the Richfield City Charter is amended to read as follows: Section 4.07. Canvass of Elections. The Council sftatl must meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary or special election but in no event later than the Mond:::1Y noxt follo\ving the time prescribed by state law, and sflaU must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement sRaJ.l must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk sftatl must forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council sf:!.aU must determine the result by lot. The City Clerk sh::lll be is the final custodian of the ballots. 2.04. Section 6.02, subdivision 3 of the Richfield City Charter is amended to read as follows: Subd. 3. The City Manager shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of departments and all subordinate officers and employees in the departments. The Director of Public Safety, having administrative and supervisory control over the police and fire other non-civil- service divisions of the Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the City. Appointment or removal of department heads shall be made final only upon a majority vote of the Council. 2.05. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.06. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. IL"'" ';>-/;wk)~"-ll, \ t( Martin J. Kirsc~'; Mayor ATTEST: \~ '~/I\ /H--1'f "' J~Luf;:{,u 'I '-' Nancy GibbS/City Clerk I I I ~ \ l I CI --- newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. S331A.02, s331A.07, and other applicable laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Thursday, the -2L- day of November ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and p~Jicatiorrot abcdefghiJklmnOpqrsf~Yz Subscribed and sworn t~or affirmed refore me on this c:J5 day of ~)6 LlJ pq03. (l/; ,~ : rl \ { 1~1 .'. (/~JA ~rJu ~ ,.J N' bl" \..- . \ D MERIDEL M. HEDBLOM I NOTARY PUBLlC-MINNESOTA Olal"" 'YCOM''''''" '''''RES ,.,.... m a RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line City of Richfield BILL NO. 2003-21 AN ORDINANCE RELATING TO CITY GOVERN. MENT; AMENDING SECTIONS 3.05,4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Back!!round' findin"s' authorit" 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes. Chapter 410 (Act). 1.02. The Charter Commission of the City ha~ proposed the adoption of Amendments to certain sections of the charter and recommended to the City Council that the Amend. ments be adopted by City Council ordinance in the manner .i prescribed by Section 410.12, Subdivision 7, of the Act. The I form of the Amendments is set out in Sections 2.02, 2.03 1 and 2.04 of this ordinance. 1.03. A public hearing on the Amendments was held on No. vember 12, 2003 by the City Council after two weeks' pub. lished notice containing the text of the Amendments as re- I quired by the Act The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adontion' effective date' filing. The Amendments as proposed by the Charter Commission are adopted. Section 3.05 of the Richfield City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting' clause of all ordinances ~ ~ be in the words "City of I Richfield does ordain." Every ordinance ~ ~ be pre- sented in writing. :fT8 81SiFlflI1CE: e.lce~t L.n l?ln(1gE!Rt'!~ 81 di~IUll?L Elflull se J!llElEea ni ifll? Ifleeting at flieR it is iJ tU_HilxH~eR nfl8. Hi 18(18t }Bt'uteen n 1: rJa~[/j a};Jall elu}"klc Sf: t ro] itB ifl.tIS8lU:tisfI (lI a HRRI {laBaRge. Excent for an' emergencvordinance everY ordinance must be introduced at a meetin" that occurs no less than fourteen (14) days he-" fore the meetin" at which the ordinance is finallv Dassed." ~ Section 4.07 of the Richfield City Charter is amended to ! read as follows: Section 4.07. Canvass of Elections. The Council ~ ~ meet and canvass the election returns at the next regular or special Council meeting immediately following any reg- ular, primary or special election but in no event later than IRe ~f.RoI.~ ".,,1 foIl. iRg the time prescribed bv state !lly,:, and ~ ~ make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement ~ llliill include: (a) the total number of good ballota cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, I with an indication of those who were elected or nominated; I (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (0 such other information. as may seem pertinent. The City Clerk ~ ~ forth- with notifY all persons'elected ornominated of their eleC-'] tion or nomination. In case of a tie vote, the Council ~ llliill determine the result by lot. The City Clerk ~ Illi the final custodian of the ballots. . '1 Section 6.02, subdivision 3 of the Richfield City Charter is amended to read as follows: I Subd.3: The City Manager shall appoint and remove, upon the baSIS of ment and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of de- j partments and all subordinate officers and employees in the departments. The Director of Public Safety, having ado' ministrative and supervisory control over the police and ~ H.... other non-civil-service divisions of the Department ofJ Public Safety, is not under the jurisdiction of the police and 1 fire civil service corr.mission of the City. Appointment od removal of department heads shall be made final only upon i a majority vote of the Council. . I This ordinance is effective ninety (90) days after ita publi- cation, except that if within sixty (60) days after publica- tion a petition requesting a referendum on this ordinance signed by the number of registered voters of the City re: quired by the Act is filed with the City Clerk, this ordi- nance will not be effective until approved by 51 % of the vot- ers voting on the question ofits adoption atthe special elec-J tion called by the Council for that purpose. On theeffective date of the Amendment, the City Clerk is! authonzed and dIrected to file copies of the Amendment I with the Secretary of State of the State of Minnesota the Hennepin County Recorder, and the City Clerk's offic~ to- gether with the certificate required by Se'ction 410.11 of the Act. Passed by the City Council of the City of Richfield Min- nesota this 12th day of November, 2003. ' I J MartinJ. Kirsch, M"-Y9r