Agenda - Charter Commission - 07/10/1997

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-11- 3. The municipal council may propose an amendment by ordinance subject to charter commission review. An ordinance proposing an amendment is submitted to the commission which has 60 days to review. The cauncil may extend this review period an additional 90 days upon formal request by the commission. After the review period, the commission returns the amendment or its own substitute amendment to the council which then submits to the voters either the amendment origihally proposed by it or the substitute amendment. (M.S.A. 410.27. ) 4. The charter commission may recommend to the council that it amend the charter by ordinance. If this is done, the council by a unanimous vote (including approval by the mayor where he has the veto) may adopt the ordinance after a public hearing on two weeks' published notice. The notice must contain the text of the proposed amendment. The ordinance proposing the amendment is subject to the same publication requirements as other ordinar~ces. The ordinance does not become effective .~for 90 daya, and during the fi.rst 60 days~ a petition submitted by registered voters equal to two percent of the votes at the last state general election, or 2,000 voters which- ever is less, may force a referendum on the amendment. If the proper petition is' filed, the amendment is handled as if it had been proposed like any other amendment, except that the council may submit the ordinance at a general or special election held within 60 days after the petition or it may reconsider its action in adopting the ordinance. 5. Cities below 10,000 only. The council may propose amendments by ordinance without submission to the charter commission. The ordinance must be adopted by a four-fifths vote of all the council members after two weeks' published notice. The council must then submit the ordinance to the voters like any other amendment. Publication of amendments. (M.S.A. 410.10 and 410.12.) Amendments are sub- mitred to the voters and published in the same manner as original charters, except as noted in (4) above. - Adoption and certification of amendments. (M.S.A. 410.12.) The election upon proposed amendments is conducted, and the ballot is arranged in substantially the same manner aslin ~he case of the adoption of a new charter. An amendment will not be-considered adopted unless it is approved by 51 percent of those voting on the question at the election or 55% if liquor patrol limits are to be changed Or removed. Amendments, like charters, must be certified by the clerk and copie& must be.in the offices of the Secretary of State and Register of Deeds as well as in his own office. The League of Minnesota Municipalities would also appreciate a copy in order to keep its charter collection up to date. Amendments take effect either at the end of 50 days after the election or at some other time specified in the amendments themselves. Alternative proposals are permissible. Charter repeal or revisions. Any city may repeal its home rule charter and adopt a statutory form of government or a new charter upon the same majority vote as is required by law for the adoption of a charter in the first place. (Minn. Const. Art. 11, Sec. 4) See Part VI below.