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ORDINANCE #OO-12
<br />CITY OF RAMSEY
<br />ANOKA COUNTY
<br />STATE OF MINNESOTA
<br />
<br /> AMENDMENTS TO 'VARIOUS CHAPTERS
<br /> AND SECTIONS OF THE HOME RULE CHARTER
<br /> ~F THE CITY OF RAMSEY. SAID AMENDMENTS
<br /> ATE GENERALLY TO THE CREATION OF THE
<br /> ,Y CLERK POSITION IN THE ADMINISTRA-
<br /> TION OF CITY AFFAIRS AND CLARIFICATION
<br /> OF DUTIES BETWEEN THE CiTY ADMINISTRA-
<br /> TOR AND THE CITY CLERK.
<br /> THE CITY OF RAMSEY ORDAINS.
<br /> SECTION 1. AUTHORITY:
<br /> This Ordinance is enacted pursuant to
<br /> Minnesota Statutes §410.12, Subd. 7.
<br /> SECTION 2. REPEALAND AMENDMENT.
<br /> Sections 1.1., 2.,5., 3.6., 3.Z., 3.8, 3.11, 4.1.,
<br />
<br /> · 4.2., 4.4., Subsection 4.5.2., Sections 5.2., 5.3.,
<br /> 5.4., 5.5, 5.8., 6.1, 6.3., 6.4., 6.5., Subsections
<br /> 7.4.1. and 7.6.1., Section 10.1., Sections 12.2.,
<br /> and 12.4. of the Home Rule Charter of the City
<br /> of Ramsey are hereby amended by the provi-
<br /> sions written below:
<br /> a.) CHAPTER 1
<br /> NAME, BOUNDARIES, POWERS
<br /> AND GENERAL PROVISIONS
<br /> Section 1.1. Name and Boundaries.
<br /> The City of Ramsey, Anoka County,
<br /> Minnesota, shall continue to be a municipal
<br /> corporation under that name and with the
<br /> same boundaries as now are or hereafter may
<br /> be established. The city clerk shall keep in
<br /> his/her office at least two copies of this charter
<br /> with a'mendments, and shall maintain in each
<br /> copy an accurate and up-to-date description of
<br /> the boundaries. The copies of the charter,
<br /> amendments and boundary descriptions shall
<br /> be available for public inspection anytime dur-
<br /> ing regular office ho.,Jrs.
<br /> b.) CHAPTER 2
<br /> FORM OF GOVERNMENT
<br /> Section 2.S. Vacancies.
<br /> A vacancy in the council, whether it be in
<br />the office of mayor or council member, shall
<br />'Jeemed to exist in the case. of the failure of
<br />· ,,, person elected thereto to qualify, or by
<br />reason of the death, resignation 'in writing filed
<br />with the city clerk, removal from office, non-
<br />residence in the city, conviction of a felony of
<br />i any such person after his/her election, or by
<br />reason of the failure of any council member
<br />';without.good cause to attend council meet-
<br />!ings for a period of three consecutive months.
<br />In each such case, the council shall, be resolu-
<br />tion, declare the vacancy to exist and such
<br />i vacancy shall be filled according to the provi-
<br />sions of section 4.5.
<br /> · c.) CHAPTER 3
<br /> COUNCIL PROCEDURES
<br /> Section 3.6. Emergency Ordinances.
<br /> An emergency ordinance is an ordinance
<br />necessary for the immediate preservation of
<br />the public peace, health, morals, safety or wel-
<br />fare, and in such ordinance the emergency is
<br />';defined and declared in a preamble thereto.
<br />iAn emergency ordinance must be approved
<br />; by a majority of available members of the city
<br />.council. An emergency ordinance must be in
<br />writing but may be enacted without previous '
<br />filing or voting, and may be adopted finally at
<br />'the meeting at which it is first introduced and
<br />voted upon by the council. An emergency
<br />ordinance shall remain in effect for the dura-
<br />tion of the emergency. No prosecution shall be
<br />based upon the provisions of an emergency
<br />ordinance until twenty-four hours after the
<br />ordinance has been adopted, filed with the
<br />- city clerk, and either has been posted in three
<br />conspicuous places in the city or published as
<br />provided for in this charter, or the person
<br />;charged with violation thereof had actual
<br />notice of the ordinance prior to the act or
<br />ission resulting in the prosecution.
<br /> Section 3.7. Signing and Publication of
<br />Ordinances.
<br /> The final version of every ordinanc~ shall
<br />be read in full prior to passage by council
<br />unless such reading is waived by a majority
<br />vote of the council, provided that a copy of the
<br />ordinance is posted or otherwise made avail=
<br />able to the public at least three working days
<br />prior to the meeting at ~hich it is to be adopt-
<br />ed. The ordinance shall then be signed by the
<br />
<br /> e.) CHAPTER $
<br /> INITIATIVE, REFERENDUM AND RECALL
<br /> Section .5.2. General Provisions for
<br />Petitions.
<br /> A petition provided for under this chapter
<br />shall be sponsored by a committee of five reg-
<br />istered voters of the city whose names and
<br />addresses shall ~ppear on the petition. A peti-
<br />tion may consist of one or more papers, but
<br />each separately circulated paper shall contain
<br />at its head, or attached thereto, the informa-
<br />tion specified in sections 5.5., 5.7. or 5.8.
<br />which apply~ respectively, to initiative, referen-
<br />dum and recall. Each signer shall be a regis-
<br />tered voter of the city and shall sign his/her
<br />name and give his/her street address. Each
<br />· separate page of the petition shall have
<br />appended to it a certificate by the circulator,
<br />verified by oath, that each signature appended
<br />thereto was made in his/her presence and that
<br />the circulator believes them to be the genuine
<br />signature of the person whose name it pur-
<br />ports to be. The person making the certificate
<br />shall be a resident of the city and registered to
<br />vote. Any person whose name appears on a
<br />petition may withdraw his/her name by a
<br />statement in writing filed with the city clerk
<br />before said city clerk advises the council of the
<br />sufficiency of the petition.
<br />
<br /> g') CHAPTER 7
<br /> TAXATION AND FINANCES
<br /> Section 7.4. Submission of Budget.
<br /> 7.4.1. Annually, the city administrator shall
<br />submit to the council the budget recommen.
<br />dations in accordance with a budget calendal
<br />to be established by resolution. The budge
<br />shal provide a complete financial plan for all
<br />city funds and activities for the ensuing fiscal
<br />year and, except as required by state statutes
<br />or this charter, shall be in such form as the
<br />council may require, It shall include a Summa-
<br />ry and show in detail all estimated income and
<br />all proposed expenditures, including debt ser-
<br />vice and comparative figures for the Current
<br />fiscal year, actual and estimated, and the pre-
<br />ceding year. In addition to showing proposed
<br />expenditures for current operations, it shall
<br />show proposed ~:apital expenditures to be
<br />made during the year and the proposed
<br />method of financing each such capital expen-
<br />diture. The total proposed operating budget to
<br />be provided from the property tax shall not
<br />exceed the amounts authorized by state
<br />statutes and this charter. Consistent with these
<br />provisions, the budget shall contain such infor-
<br />mation and be in the form prescribed by ordi-
<br />nance and by state statutes. The Annual
<br />Financial Statement shall be in such form as
<br />
<br /> Section 5.3. Determination of Sufficiency. state statutes, this charter or the council may
<br /> The committee shall file the completed ' Prescribe.
<br />petition in the office of the city clerk. The 7.6.1. The budget public hearing dates,
<br />
<br /> required number of signatures for initiative
<br /> and referendum shall be at least ten percent Of
<br /> the total number of registered voters at the
<br /> time of the last citywide election. The required
<br /> number of signatures for recall shall be at least
<br /> twenty percent of the total number of regis-
<br /> tered voters at the time of the last citywide
<br /> election. Immediately upon receipt of the peti-
<br /> tion, the city clerk shall examine the petition as
<br /> to its sufficiency and report the council within
<br /> ten days. Upon receiving the report, the coun-
<br /> cil shall determine by resolution the sufficiency
<br /> of the petition.
<br /> Section 5.4. Disposition of Insufficient or
<br /> Irregular Petition.
<br /> If the council determines that the petition
<br />is insufficient or irregular, as defined in sec-
<br />tions 5.3. and 5.2. respectively, the city clerk
<br />shall deliver a copy of the petition, tpgether
<br />with a written statement of its defects, to the
<br />sponsoring committee. THe committee shall
<br />have thirty days in which to file additional sig-
<br />nature papers and/or to correct the petition in
<br />all other particulars, except .that, in the case of
<br />a petition for recall, the committee-may not
<br />change the statement of the grounds on which
<br />the recall is sought. Within five days of receipt
<br />of the corrected petition, the city clerk shall
<br />again report to the council, if the council finds
<br />that the petition is still insufficient or irregular,
<br />the city clerk shall file the petition in his/her
<br />office and notify the sponsoring committee.
<br />The final finding that the petition, is insufficient
<br />or irregular shall not prejudice the filing of a
<br />new petition for the same purpose, nor shall it
<br />prevent the council from referring the subject
<br />matter of the petition to the voters at the next
<br />regular or special election. Section $.:5. initiative.
<br /> Any ordinance may be proposed by a peti-
<br />tion, which shall state at the head of each
<br />page or attached thereto the exact text of the
<br />proposed ordinance. If the council passes the
<br />proposed ordinance with amendments, and a
<br />majority of the sponsoring committee do not
<br />disapprove the amended form by a statement
<br />filed with the city clerk within ten days of its
<br />passage by the council, the ordinance need
<br />not be submitted to the voters. If the council
<br />fails to enact the ordinance in a form accept-
<br />able to the majority of the sponsoring commit-
<br />tee within sixty days after the final determina-
<br />tion of sufficiency of the petition, the ordi-
<br />nance as originally proposed shall be placed
<br />on the ballot at the next election occurring in
<br />the' city. If no election is to occur within 120
<br />days after the filing of the petition, the council
<br />shall call a special election on the ordinance to
<br />be held within such period. If a majority of
<br />those voting on the ordinance vote in its favor,
<br />it shall become effective immediately after
<br />adoption unless the ordinance specifies a later
<br />effective date.
<br /> Section `5.8. Recall.
<br />
<br />procedures to be followed' during th~ hear-
<br />ings, and publications are established by state
<br />statute. However, the actual adoption of the
<br />proposed annual budget and the municipal
<br />levy shall take place at the next regularly
<br />scheduled council meeting following the man-
<br />dated public hearing(s) to ensure that com-
<br />ments received during the public hearing(s)
<br />are given due consideration before the final
<br />budget and municipal tax levy are adopted.
<br />The council ma~y revise the proposed budget
<br />but no amendment to the budget shall
<br />increase the authorized expenditures to an
<br />amount greater than the estimated funds avail-
<br />able. The council Shall adopt the budget by a
<br />resolution that shall set forth the total for each
<br />budgeted fund and each department, function
<br />or program, with such segregation as to
<br />objects and purpose of expenditures as the
<br />council deems necessary for purposes of bud-
<br />get control. The council shall also adopt a reso-
<br />lution levying the amount of taxes prOVided in
<br />the budget, and the~city administrator shall
<br />certify the tax resolution to the county auditor
<br />in accordance with state law. Adoption of the
<br />budget resolution shall-constitute apprOpria-
<br />tions at the beginning of the fiscal year of the
<br />sums fixed in the resolution of the several pur-
<br />poses named.
<br /> h.) CHAPTER 10
<br /> MISCELLANEOUS AND
<br /> TRANSITORY PROVISIONS
<br /> Section 10.1. Except as otherwise pf0~'ided
<br />by state statutes, no person, form or corpora-
<br />tion shall place or maintain any permanent or
<br />semi-permanent fixtures in, over, upon or
<br />under any street or public place for the pur-
<br />pose of operating a public utility, or for any
<br />other purpose, without a franchise therefore
<br />from the city. A franchise shall be granted only
<br />by ordinance, which shall not be an emer-
<br />gency ordinance. No exclusive franchise shall
<br />be granted unless the proposed ordinance is
<br />submitted to the voters of the city following a
<br />
<br />majority of those voting thereon. Every ordi-
<br />nance granting a franchise shall contain all the
<br />terms and conditions of the franchise. The
<br />gran. tee shall bear the costs of publication of
<br />the franchise ordinance and shall make a suffi-
<br />cient deposit with the city clerk;to guarantee
<br />publication before thg ordinance is passed.
<br /> i.) CHAPTER 12
<br /> MISCELLANEOUS AND
<br /> TRANSITORY PROVISIONS
<br /> Section 12.2. Oath of Office.
<br /> Every officer of the city shall, before 'enter-
<br />ing upon the duties of his/her office, ~ake and
<br />subscribe an oath of office in substantially the
<br />following form: '1 do solemnly swear (or
<br />affix:) to support the constitution of the United
<br />States and of this state and to discharge faith-
<br />fully the duties devolving upon me as (mayor,
<br />
<br />
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