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1994-04BILL NO. 1994 -4 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING 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 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 January 26, 1994, 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 4 of the Charter is amended in the following respects: A . By amending Section 4.01 thereof 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 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.. Bill No. 1994 -4 Page 2 B . By amendirig Section 4.02 thereof to read as follows: Section 4.02. Primary Election. On the first Tuesday after the second Monday in September preceding the regular municipal election there shall be a primary election for the selection of two nominees for each elected e€€ieisl office at the regular municipal election unless no more than two nominees file for each elective office. 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 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. C . By amending Section 4.04 thereof to read as follows: Section 4.04. Nomination by Petition. All candidates for elective office provided for by this charter shall be nominated by petition. The name of any registered voter of the City shall be printed upon the ballot as a candidate for an office whenever a petition signed by at least ten registered voters has been filed with the City Clerk in a candidate's behalf within the time period provided by state law for such filings. No registered voter shall sign petitions for more candidates for any office than the number of persons to be chosen for that office at the election. Should a signer do so, the signer's signature shall be void as to the petition or petitions last filed. Each petition presented shall be accompanied by a €tee twenty -five dollar ($5 -r90) $25.00 filing fee. (Bill 1987-8) 6-26-87 II. Chapter 9 of the Charter is amended by amending Section 9.02 thereof to read as follows: Section 9.02. Proceedings in Acquiring Property. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property as nearly as may be possible and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this state, except as otherwise provided in this Charter. 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 on the question of its adoption at the special election called by the Council for that purpose. Bill No. 1994 -4 Page 3 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 and adopted this 14th day of February, 1994, by the City Council of the City of Richfield, Minnesota. Martin J. Kirsch, Mayor ATTEST: O Thomas P. Ferber, City Clerk 1 Q SUN PUf3LJCA710NS AFFIDAVIT OF PUBLICATION ATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Donald W. Thurlow , 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 Bill No. 19 94 - 4 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on Wednesday , the 23 day IF e b r u a r y, 19 94 , and was thereafter printed and published on every to d 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: abedefghijklmnopgrstuvwxyz BY: TITLE: P u b l i s h e r Acknowledged before me on this 23 day of February 19 94 Notaryos�:as - ew MERIDEL M. FIEDRLOM r , P NOTARY FUTUC - Ni NNESJTA Y HEIN PiN1 COUNT "y G9999 tcr si r 7. RATE INFORMATION . (1) Lowest classified rate paid by commercial users $ 1.60 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 96.84 per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 794 per line (Line, word, or inch rate) City of Richfield BILL NC AN ORD] RELATING TO CIT AMENDING THE RICID THE CITY OF RICHFIELD DOES OR Section 1. Background: Findings: Authori 1.01. The City of Richfield (City) is gover 3, 1964, pursuant to the Constitution of the Chapter 410 (Act). 1.02. The Charter Commission of the Cil (Amendment) of the City Charter (Charter) ai Amendment be adopted by City Council ordinar Subdivision 7 of the Act. The form of the amen( 1.03. A public hearing on the Amendme City Council after two weeks' published noti required by the Act. The notice contained a b Amendment. All persons desiring to be heard v the public hearing. 1.04. The council finds and determines tl inhabitants that the Amendment be adopted. Sec. 2, Adoption, Effective Date. 2.01. The Amendment, as proposed by th 2.02. The text of the proposed amendmer I. Chapter 4 of the Charter is amended in tl A. By amending Section 4.01 thereof to Section 4.01. The Regular Municipal El( held on the first Tuesday after the first Monds such place or places as the City Council may do weeks previous notice of the time and place of elected by posting in at least one public place least once in the official newspaper, but failur election. B. By amending Section 4.02 thereof t Section 4.02. Primary Election. On t'. September preceding the regular municipal eL selection of two nominees for each elected e1 unless no more than two nominees file for ea4 City of Richfield BILL NO.1984.4 AN ORDINANCE REI.ATIN(1 TO CITY GOVER.NIVffiVTf AIVl~aNDlNkif THE RICHFIELD C1TY CHARTER THE C1TY OF RICH,D DOES ORDA~ir Section 1. ~arannd:Findiaa~A • horny 1.01. The City ofliachfield (City) is governed by a home role charter adoptod November 3, 1964, pursuant to the Constitution of the state of Minnesota and ' Chapter 410 (Act). ` 1.02. The Charter Commiissioa of the City has proposed the adoptiea of an amendment (Amendment) of the City Charter (Charter) and reoommeaded to the City Council that the Anuendmeat be adopted by City Couacd ordinance in the manner prescribed by Section 410.]2, Subdivision T of the Act iPhe form of the amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was duly held oa January 26, 1994, by the City Council after two weeks' published notice containing the text of the Amendment as A~mendme kt All ~ d oar eg to be h~td with reference to Ameadm~t were fieerd at the public heerin& 1.04. The council bads and detw mines that it is in the best interests of the City and ifs inhabitants that the Amendment be adopted. Sao. 2. Adontion~ Effective i]efa 2.01. The Amendment, as proposed by the Commi~sion,s adopted. 2.02. The teat of the proposed amendment is as follows: I. Chapter 4 of the Charter is amended in the following respects: A. By amending Section 4.01 thereof to read as follows: Section 4.01. The Itevnln~ MLniei lesion The regular munidpel election shall be held oa the first Tuesday after t1~e first Monday m November of each eHr at such place or places as t e City Council may designate. The City Clerk ehaII give at [east two weeks previous notice of the time. and place of holdingg such election and of the ollicers to be elected by posting in at IeasL one public place is each voting precinct and by publication st least once in the official newspaper, but Fedora to give arch notice shall not invalidate such election. B. By amendt~ f3ectfoa 4.02 thereof to read as follows: Section 4.02. Pnmarv_F.lection. On the first Tuesda after the second Monday is September preceding the regular municipal election there sha~ be a primary election for the selection of two nominees for each elected eft'ioiel' gi))~ at the regular municipal election unless no more than two nominees file for each'elective office. The City Clerk shall give at least two weeks previous notfce of the time and place of holding such election and of the ofii- ears to be elected by posting in at least one public place in each voting precinct and by gublice- tion at least once in the official newspaper, but failure to give such notice shall not invalidate such election. C. By amending Section 4.04 thereof to read as foIIows: Section 4.04. N i A+ion by Pe}~fio All candidates for elective oHiee provided for by Ehis charter shall be nominated by petition. The nano of any registered voter. of the GSty shall be printed upon the baIIct as a candidate for an office whenever a petition signed by at least tea registered voters has been filed with the City Clerk in a candidate's behalf 4.65 w' ~ .. No registered voter shall sign petitions Por more candidates for nay office than the number of peraoas to be chosen for that office at the election. Should a signer do so, the signers signature shall be void as to the petition or petitions last filed. Each petition presented shall be axompanied by a dire tsven °- ~ dollar (.gb.99) Qj filing fee. II. Chapter 9 of the Charter is amended by amendirq; Section 9.02 thereof to read as follows: Section 9.02. wings in A~~' ~n8~~~ The neeea~4y for the taking of any Property by the City shall be determined by the Couna7 and•sha11 be declared by a resolution which shaD d~cn'be such properCy as nearly as may be Viand sEste the use to which it fs to be devoted. In acquiring property by exercising flue power. of eminent domain, the City shall proceed according to the lays of this state, except ea otherwise provided is this Charter. Sec. 2.03 This ordinance is effective ninety (90) days after its publicaEion, provided that ifwithfn sixty (60) days after publication a petition requesting s referendum oa this ordinance, signed by the number of registered voters of the City required by the Ad is Sled with the City Clerk, this ordinance will not be effective untII approved by b19b of the voters voting on the question of its adoption at the special election called b .. the Council for that purpose. See. 2.04. 8a the effective date of the Amendment the City Clerk ;s authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recerder, and in the City Clerk's office, together with the certificate required by Section 410.11 of the Act Passed and adopted this 19th day of February, 1994, by the City CouneII of the City of Richfield, Minnesota Martin J. ~ ICiraeh, Mayor ATTEST: (February 23,1984)-RfchBeld Thomas P. Ferber, City Clerk