1992-10BILL NO. 1992-10
AN ORDINANCE RELATING TO
CITY GOVERNMENT: AMENDING THE
RICHFIELD CITY CHARTER
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background: Findings: Authority.
1.01. The City of Richfield (City) is governed by a
home rule charter adopted November 3, 1964, 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 (Amendment) of the City Charter
("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 Section 2.02.
1.03. A public hearing on the Amendment was duly held on
June 15, 1992 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.
Sec. 2. Adoption: Effective Date.
2.01. The Amendment, as proposed by the Commission, is
adopted.
2.02. The text of the proposed amendment is as follows:
I. Chapter 2 of the Charter is amended in the following
respects: -
A. By amending Section 2.03 thereof to read as follows:
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Sec. 2.03. Elective Officers. The Council shall be
composed of a Mayor and four Council members, all of whom shall
be registered voters. The
offices of Mayor and at-large Council member shall be filled by
election at large. ~ The
offices of the three district Council members shall be elected
from apportioned Council districts in which they reside. eke
The Mayor and the Council members shall each be
elected to a four-year term with Mayor and the Council member at-
large in 1994 and each succeeding four years and the district
Council members elected in 1992 and each succeeding four years.
The regular term of office commences on _
January 1 next following the general election at which balloting
for the full term of office occurs. A candidate for the office
of district Council member must reside, while seeking election
and while serving in office, within the district from which he or
she is elected. Within two years after each United States
Census, the City Council shall by ordinance establish compact and
contiguous districts to be apportioned by population as nearly
equal as practicable. The three Districts shall be Eastern,
Central and Western Richfield with dividing lines generally north
and south.
B. By repealing Section 2.05 entitled "Vacancies in
the Council."
C. By adding a new Section 2.05 to read as follows:
Sec. 2.05. Vacancies. Subdivision 1. Existence.
(1) A vacancy shall exist as of the date of death or
resignation of a Council member.
(2) As soon as it is determined that a Council member is
ineligible because of any of the following reasons:
(i) the failure of any person elected to the Council to
qualify on or before the date of the second regular
meeting of the Council in the year following the year
of election; (ii) the Council member ceasing to be a
resident of the City; (iii) a district Council member
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ceasing to be a resident of the district which the
member represents; (iv) continuous absence of the
Council member from the City for more than 90 days; (v)
conviction of a Council member of a felony whether
before or after qualification; (vi) any other reason
specified by law except those reasons specified in
paragraph (1) of this subdivision; or (vii) by reason
of the failure of the Council member without good cause
to perform any of the duties of a Council member for a
period of 90 days, the Council shall, by resolution at
a regular or special Council meeting, declare a vacancy
on the Council to exist.
Subd. 2. Procedure Following Vacancy.
(1) If 90 days or less remain in the Council member's term
after the vacancy, the person elected to that office
for the term commencing on January 1 of the next year
shall be appointed by the Council to fill the remaining
portion of the unexpired term at the next regular
Council meeting following the declaration of the
results of the election with the City Clerk. The
appointment shall be the first order of business of
such meeting.
(2) If less than 180 days and more than 90 days remain in
the Council member's term of office after the vacancy,
the Council shall appoint an eligible person to fill
the vacancy for the unexpired term. If the Council
fails to agree upon an appointee to fill the vacancy
within 30 days after the vacancy, the Mayor shall
appoint a person to fill the vacancy.
(3) If 180 days or more remain in the Council member's term
of office after the vacancy, the Council shall call a
_special election to fill the vacancy for the balance of
the Council member's term. The special election shall
be called at the same Council meeting at which the
vacancy is declared to exist or at the next regular
Council meeting following the death or resignation of a
Council member, as the case may be. The special
election shall be held not less than 30 nor more than
60 days after the Council meeting at which the election
is called. The election to fill the unexpired term
shall be in accordance with the provisions of Section
4.03, except that there shall be no primary election
and the candidate receiving the highest number of votes
shall be elected to fill the unexpired term.
The term of the person so elected shall start as soon
as the declaration of the results has been filed with
the City Clerk and the person has qualified for office.
D. By amending Section 2.06 to read as follows:
Sec. 2.06. Subdivision 1. The Mayor. The Mayor shall be
the presiding officer of the Council, except that the Council
shall choose from its members a president pro tem who shall hold
office at the pleasure of the Council and shall serve as
president in the Mayor's absence and as Mayor in case of the
Mayor's disability or absence from the City. The Mayor shall
have a vote as a member of the Council and shall exercise all
powers and perform all duties conferred and imposed upon the
office by this Charter, the ordinances of the City and the laws _
of the State. The Mayor shall be recognized as the official head
of the City for all ceremonial purposes, by the courts for the
purpose of serving civil process, and by the governor for the
purpose of martial law. The Mayor shall study the operation of
the City Government and shall report to the Council any neglect,
dereliction of duty, or waste on the part of any officer or
department in the City. In time of public danger or emergency
the Mayor may, with the consent of the Council, take command of
the police, maintain order and enforce the law.
Subd. 2. Vacancy in Office of Mayor.
(1) Existence, Declaration. A vacancy in the office of
Mayor shall be declared upon the same grounds and by
the same procedure as provided in Section 2.05,
subdivision 1, paragraphs (1) and (2) for Council
members.
(2) Procedure Following Vacancy. Following a vacancy in
the office of Mayor, the president pro tem shall assume
the duties of Mayor until a Mayor is elected. The
president pro tern's duties shall be in addition to that
person`s duties as Council member. Such person shall
have only one vote with respect to all matters which
are voted upon by the Council. If less than 180 days
remain in the unexpired term of office following the
vacancy in the office of Mayor, the president pro tern
shall assume the duties of Mayor for the unexpired
4
term. If 180 days or more remain in the unexpired term
following the vacancy in the office of Mayor, a special
election shall be called at the regular Council meeting
at which the declaration is made or at the next regular
Council .meeting following the death or resignation of
the Mayor, as the case may be, and the special election
shall be held not less than 30 nor more than 60 days
after the meeting at which the election is called. The
election to fill the unexpired term shall be__ in
accordance with the provisions of Section 4.03, except
that there shall be no primary election and the
candidate receiving the highest number of votes shall
be elected to fill the unexpired term.
The term of the person so elected shall start as soon
as the declaration of the results has been filed with
the City Clerk and the person qualifies for office,
II. Chapter Five of the Charter is amended in the following
respects:
A. By amending Section 5.02 to read as follows:
• Section 5.02. Expenditures by Petitioners. No member of
any initiative, referendum, or recall committee, no circulator of
a signature paper, and no signer of any such paper, or any other
person, shall accept or offer any reward, pecuniary or otherwise,
for service rendered in connection with the circulation. thereof,
but this shall not prevent the committee from paying for legal
advice and from incurring any expense not to exceed $68:99
$400.00 for stationery, copying, printing, and notarial fees.
Any violation of the provisions of this section is a misdemeanor.
B. By amending Section 5.19 to read as follows:
Section 5.19. Form of Recall Ballot. The form of the
ballot at such election shall be "Shall
be recalled?" The name of the Council member whose recall is
sought and his or her office shall be in blank. The electors
shall be permitted to vote separately "Yes" or "No" upon this
question. If a majority of those voting on the question of recall
vote in favor of recall, the official shall be thereby removed
from office.
C. By amending Section 5.20 to read as follows:
5
Section 5.20. Procedure to Fill Vacancy. In the event that
a Council member is recalled by the electors or resigns after a
petition has been filed for his or her recall, the vacancy shall
be filled in the following manner:
If less than six months remain in the Council member's term
of office at the time of the recall election or at the time of
resignation in response to a recall petition, as the case may be,
the vacancy shall be filled by the remaining members of the City
Council for the unexpired term pursuant to Section 2.05.
If six months or more remain in the Council member's term at
the time of such recall or resignation, the Council shall call a
special election to fill the vacancy for the balance of the
Council member's term. Such election shall be called within ten
(10) days after such recall or resignation, and the special
election shall be held not less than thirty (30) nor more than
sixty (60) days after the meeting at which the
election is called. Candidates to fill the unexpired term shall
be nominated in the usual way and the election shall be conducted
as far as possible in accordance with procedures in municipal
elections except that there shall be no primary election and the
candidate receiving the highest number of votes for the office
shall be elected to fill the unexpired term.
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D. By adding a new Section 5.21 to read as follows:
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Sec. 5.21. The term of the candidate selected by the voters
at the regular or special election to fill the unexpired term
shall start as soon as the declaration of the results has been
filed with the City Clerk, and the person has qualified for
office.
Sec. 2.03. This ordinance is effective ninety (90) days
after its publication, provided 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
6
on the question of its adoption at the special election called by
the Council for that purpose.
Sec. 2.04. 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 in 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 this
15th day of June, 1992.
~.~~.
Martin J . I~i , sch, Mayor
ATTEST:
~,
c:
. %( =~~
Thomas P. Ferber, City Clerk
C
7
Minnesota Sun Publications
AFFIDAVIT OF PUBLICATION
1 STATE OF MINNESOTA)
,~ 55.
i
COUNTY OF HENNEPIN)
L . J . C a n n i n ~ ,being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
stated belOW.
,and has full knowledge of the facts which are
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed
Bi I I No. 1992-10
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for one successive weeks; it was first published on W e d n e s d a y ,the 2 4 day
of June , 19 9 2 ,and was thereafter printed and published on every to
-and including ,the day of , 19 ;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 publication of the notice:
abcdefghijkhnnopgrstuvwxyz
BY:
TITLE:
Acknowledged before me on this
,~ 4 day of J u n e 19 9 2.
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Gene ra I Mana>?e r
RATE INFORMATION
(1} Lowest classified rate paid by commercial users $ 1.30 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 95.9s per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 67~ per line
(Line, word, or inch rate)
City of Richfield
B1LL NO.1892-10
AN ORDINANCE RELATING TO
C1TY GOVERNMENT: AMIIVDING THE
RICHFIELD CITY CHARTER
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Bac vround: F;ndinas: Authority.
1.01. The City of Richfield (City) is governed by a home rule charter adopted November 3,
1964, pursuant to the Constitution of the state of Minnesota and Minnesota Statutes" Chapter
410 (Act).
1.02. The Charter Commission of the City has pmgosed the adoption of an amendment
(Amendment) of the City Charter ("Charter's 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 Ad. The form of the amendment is set out in Section 2.02.
1.03. A public hearing on the Amendment was duly held on June 15, 1992 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 persona desiring to be heard with reference to the Amendment were heard at the public
hearing.
1.04. The Council finds and determines that it ie in the best interests of the City and its
inhabitants that the Amendment be adopted.
Sec. 2. Adoption: Effective Date.
2.01. The Amendment, as proposed by the Commission, is adopted.
2.02. The text of the proposed amendment is as follows:
Chapter 2 of the Charter is amended in the following respects:
By amending Section 2.03 thereof to read as follows:
Sec. 2.03. Elective Officers. The Council shall be composed of a Mayor and four Council
members, all of whom shall be registered voters. The
offices of Mayor and at-large Council member shall be filled by election at large. bee+s~sw~iwe
' The offices of the three district Council members shall be elected from
apportioned Council districts in which they reside.
The Mavor
and th . .o m 'I m h rs c all ash b .elected to a fonr_xp r .rm with Moor nd th .Council
m .mhP er at-lar¢~in 1994 nd Ash cucceedina four vea_rs and the district Council members
elected in 1992 and eACh sncc_eedin¢ fOnr yaara.
The regular term of
office commences on Januaryl next following the general election at which balloting for the full
term of office occurs. A candidate for the office of district Council member must reside, while
seeking election and while serving in office, within the district from which he or she is elected.
Within two years after each United States Census, the City Council shall by ordinance estab-
lish compact and contiguous districts to be apportioned by population as nearly equal as practi-
cable. The three Districts shall ha Eastern Central an_d Western Richfield with dividia lines
generally north and south.
By repealing Section 2.Ob entitled `Jacanciea in the Council."
By adding a new Section 2.06 to read as follows:
Sec. 2.06. Subdivision 1. The Mavor. The Mayor shall be the presiding officer of the
Council, except that the Council shall choose Cram ifs members a president pro tem who shall
hold office at the pleasure of the Council and shall serve ea president in the Mayor's absence
and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have
a vote as a member of the Council and shall exeroise all powers and perform all duties conferred
and imposed upon the office by this Charter, the ordimnces of the City and the laws of the
State. The Mayor shall be recognized sa the official head of the City for all ceremonial purpos-
es; by the courts for the purpose of serving civil process, and by the governor for the purpose of
martial law. The Mayor shall study the operation of the City Government and shall report to
the Council any neglect, dereliction of duty, or waste on the part of any officer or department in
the City. In time of public danger or emergency the Mayor may, with the consent of the
Council, take command of the police, maintain order and enforce the law.
Subd 2 Vacancy in Office of Mayor.
~ r i trot D c oration A vac nc~ 'ry the offic of bRavor all b a erred unoa th
coma m•nnnds and by the same nrnrad,,.a ~~ ^r^^~a-A :_ a__..__ o .,~ --
Films will be featured this c
Lek as part of the children's r
lmmer program at the b
agsburg Park Community e
brary, 7100 Nicollet Ave., a
ichfield. f
The weekly Films Kids Like
vies will begin with "Pig's P
edding," "Frog on His Own" t
Id "Wings: A Tale of Two ]
sickens" at 10:30 a.m. and 1:30 1
m. Friday, June 26. The half- 1
)ur film show is especially for
°eschoolers through third- 1
raders and will continue t
Brought Aug. 14. <
The first drawing in the
eader's Raffle program will 1
eke place Friday, June 26. Any
;andidates sponsor
The Richfield Fourth of July ~
ommittee, Miss Richfield
PlaBga?2I-(Z88I `iZ aanf)
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