Loading...
2013-06 BILL NO. 2013-6 AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTIONS 4.01 AND 4.07 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; 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 an Amendment to sections 4.01 and 4.07 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Sections 2.02 and 2.03 of this ordinance. 1.03. A public hearing on the Amendment was held on June 11, 2013 by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment 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 Amendment be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 4.01 of the Richfield City Charter is amended to read as follows: Section 4.01. The Regular Municipal Election. The regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year at such place or places as the City Council may designate. The City Clerk shall give at least two weeks previous notice of the time and place of holding such election and of the officers to be elected by posting in the City Clerk's office and on the City website at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. 2.03. Section 4.07 of the Richfield City Charter is amended to read as follows: Section 4.07. Canvass of Elections. The Council 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 time prescribed by state law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true correct vote for each candidate, with an indication of those who were elected or nominated; (d) _ -- _ _ _ -- e- e - -e; - the names of the judges and clerks of election; and (q (e) such other information as may seem pertinent. The City Clerk must forthwith promptly notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council must determine the result by lot. The City Clerk is the final custodian of the ballots. 2.04. 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. 2.05. 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 11th day of June, 2013. Debbie Goettel, Mayor ATTEST: ,A4Afr6 Nancy Gibbs,, Clerk City of Richfield 2.04.This ordinance is effective ninety (90)days after its publication, except (Official Publication) that if within sixty(60)days after publi- cation a petition requesting a referen- BILL ' AN ORDINANCE RELATING TO dum on this ordinance,signed by the Fxo MUNICIPAL ELECTIONS; number of registered voters of the City -, 'g --- AMENDING SECTIONS 4.01 AND required by the Act is filed with the City `��"""`� 4.07 OF THE RICHFIELD CITY Clerk,this ordinance will not be effec- MEDIA CHARTER tive until approved by 51%of the vot- ers voting on the question of its adop- THE CITY OF RICHFIELD DOES OR- tion at the special election called by the AFFIDAVIT OF PUBLICATION DAIN: Council for that purpose. Section 1. Background:findings:au- 2.05. On the effective date of the STATE OF MINNESOTA ) thority. Amendment, the City Clerk is autho- rized and directed to file copies of the )SS. 1.01.The City of Richfield(City)is gov- Amendment with the Secretary of State COUNTY OF HENNEPIN ) erned by home rule charter adopted of the State of Minnesota,the Hen- pursuant to the Constitution of the nepin County Recorder, and the City State of Minnesota and Minnesota Clerk's office together with the certifi- Jeremy Bradfield, being duly sworn on an Statutes,Chapter 410(Act). cate required by Section 410.11 of the oath, states or affirms that he is the 1.02.The Charter Commission of the Act. Advertising Director of the newspaper(s) City has proposed the adoption of an Passed by the City Council of the City known as Amendment to sections 4.01 and 4.07 of Richfield,Minnesota this 11th day of of the charter and recommended to the June,2013. City Council that the Amendment be Richfield Sun-Current adopted by City Council ordinance in Debbie Goettel,Mayor the manner prescribed by Section ATTEST: 410.12,Subdivision 7,of the Act. The form of the Amendment is set out in Nancy Gibbs,City Clerk Sections 2.02 and 2.03 of this ordi- and has full knowledge of the facts stated nance. (Jun.20,2013)D2-Bi112013-6 below: 1.03.A public hearing on the Amend- (A)The newspaper has complied with all of ment was held on June 11,2013 by the City Council after two weeks' pub- the requirements constituting qualifica- lished notice containing the text of the tion as a qualified newspaper as provid- Amendment as required by the Act. ed by Minn. Stat. §331A.02, §331A.07, The of the notice contained and brief of the y § , § tion of t nature and scope of the and other applicable laws as amended. Amendment.All persons desiring to be (B)B The printed public notice that is at- heard were heard at to the Amend- p p ment were heard at the public hearing. tached was published in said newspa- 1.04.The Council finds and determines per(s) once each week, for one suc- that it is in the best interests of the City cessive week(s);it was first published on be adopted itantsthattheAmendment Thursday, the 20 day of Section.2 Adoption:effective date:fil- June , 2013, and was there- I g. after printed and published on every 2.01.The Amendment as proposed by Thursday to and including Thursday,the the Charter Commission is adopted. day of , 2013; 2.02.Section 4.01 of the Richfield City and printed below is a copy of the lower Charter is amended to read as follows: case alphabet from A to Z, both inclu- Section 4.01. The Regular Municipal p Election. The regular municipal elec- sive, which is hereby acknowledged as tion shall be held on the first Tuesday being the size and kind of type used in after the first Monday in November of each even numbered year at such the composition and publication of the place or places as the City Council may notice: designate. The City Clerk shall give at least two weeks previous notice of the time of abcdefghijklmnopqrstuvwxyz and ofdtheaoffcerslto elected election posting in the City Clerk's office and on the City website at-feast-ewe klie and by publication at least once in the official newspaper,but failure to give such no- tice shall not invalidate such election. 2.03.Section 4.07 of the Richfield City Charter is amended to read as follows:-is BY: Section 4.07. Canvass of Elections. The Council must meet and canvass Advertising Director the election returns at the next regular or special Council meeting immediate- ly following any regular,primary,or spe- cial election but in no event later than Subscribed and sworn to or affirmed the time prescribed by state law,and re- before me on this 20 day of must make full declaration of the re- y sults as soon as possible, and file a June ,2013. statement thereof with the City Clerk. This statement must include: (a)the total number of good ballots cast;(b) the total number of spoiled or defective ��� � �G 4 ballots;nidatetwith an indication ion of each candidate,with an indication of those who were elected or nominated;(d)e Notary Public the names of the judges and clerks of elec- tion;and (e)such other information as may seem pertinent. The City Clerk must forthwith promptly notify all per- sons elected or nominated of their a JULIA or nomination. In case of a tie 'A I. FiEL16ENN vote,the Council must determine the NOTARY PUBLIC-MINNESOTA result by lot. The City Clerk is the final custodian of the ballots. M Comm.tx�.Jan.31,2015 y?