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1998-05BILL NO. 1998-5 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.05 AND CHAPTER 8 OF THE RICHFIELD CITY CHARTER; MODIFYING PROCEDURES FOR THE ADOPTION OF ORDINANCES; REQUIRING PUBLIC HEARING AND ORDINANCE FOR CERTAIN CAPITAL IMPROVEMENTS 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 (Amendment) to Chapters 3 and 8 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 Section 2.02. 1.03. A public hearing on the Amendment was held on April 13, 1998 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; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. The text of the Amendment is as follows: a. Section 3.05 of the City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances shall be in the words "City of Richfield does ordain." Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced and at least n~ fourteen (~ 14) days shall elapse between its introduction and its final passage. b. Chapter 8 of the City Charter is amended by adding two new sections as follows: Bill No. 1998-5 -2- Section 8.04. Approval by Ordinance. Any capital improvement on City owned property which has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. Section 8.05. Notice of Public Hearings. Notice of public hearings required by Section 8.04 shall be published at least twice in the official newspaper within fourteen (14) days prior to the date of the hearing. Additional notice of such public hearings may be given in such manner as the Council may determine. This notice must contain the estimated costs of the capital improvement. 2.03. 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. 2.04. 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 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 13th day of April, 1998. _ ~ ,-- ~ L Martin J. Ki so ,Mayor ATTEST: Thomas P. Ferber, City Clerk MINNESOTA SUN PUBLICATIONS Sun Current • Sun Sailor • Sun Post AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. __ Doug Dance ,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 Sun-Current which are stated below. and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Bill No. 1998-5 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 publiished on Wednesday, the 22nd day of April , 1998, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of ,1998; 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: abcd efghij klmnopgrstuvwxyz ' i/ ~~~ BY: ~.. v '`-'-"tom TITLE: Publisher Acknowledged before me on this 22nd day of April , 1998. ~~~- is Notary Public ' ~,~~ree^~re,,,. ~i iCTrJ- .;~ %i, $rzCL iLLC -Tt, y ~AVNE~l7Tia Y FM^' = T-.tee.-o.~c~%ays.7a.asox,..~ RATE INFORMATION ~' (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ 1.24 per line City of Richfield (Official Publication) BILL NO. 1998-5 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 3.05 AND CHAPTER 8 OF THE RICHFIELD CITY CHARTER; MODIFYING PROCEDURES FOR THE ADOPTION OF ORDINANCES; REQUIRING PUBLIC HEARING AND ORDINANCE FOR CERTAIN CAPITAL IMPROVEMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Bac eround: findines. 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 (Amendment) to Chapters 3 and 8 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 Section 2.02. 1.03. A public hearing an the Amendment was held on April 13, 1998 by the City Council after two weeks' pub- lished notice containing the text of the Amendment as required by the Act. The notice contained a brief descrip- tion of the nature and scope of the Amendment. All per- sons 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 Adontion• effective date: feline. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. The text of the Amendment is as follows: a. Section 3.05 of the City Charter is amended to read as Follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances shall be in the words "City of Richfield does ordain." Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced and at least-eeree fourteen (~14) days shall elapse between its introduction and its final passage. b. Chapter 8 of the City Charter is amended by adding two new sections as follows: Section 8.04. Approval by Ordinance. Any capi- tal improvement on City owned property which has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordi- nance after a public hearing. Section 8.05. Notice of Pu61ic Hearings. Notice of public hearings required by Section 8.04 shall be published at least twice in the official news- paper within fourteen (14) days prior to the date of the hearing. Additional notice of such public hearings may be given in such manner as the Council may determine This notice must contain the estimated costs of the capital improvement. 2.03. 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. 2.04. 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 the City Clerk's office together with the certificate required 6y Section 410.11 of the Act. ' Passed by the City Council of the City of Richfield, Minnesota this 13th day of April, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk (April 22, 1998) D2\Cty Rchfld Bill ri1998-5