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ORDINANCE NO. 53, City of red wing

Thursday, January 30, 2014 - 11:20pm

Ordinance No. 53, Fourth Series
AN ORDINANCE AMENDING
CHAPTERS 5 AND 6
OF THE RED WING CITY CHARTER
THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:
SECTION 1. Section 5.11 of the City Charter is hereby amended by deleting the overstruck language and inserting the underlined language as shown below:
Section 5.11 Mayor’s Veto of Ordinances, and Resolutions-
Every ordinance or resolution shall be delivered to the Mayor Wwithin forty-eight (48) hours after from the time of adoption or as soon thereafter as is practical the clerical officer shall present each of the ordinance or resolution to the Mayor by the City Council. The 48 hour deadline excludes Saturday, Sunday, or a legal holiday, in which event the period runs until 5:00 p.m. on the next day that is not a Saturday, a Sunday, or a legal holiday. If the Mayor approves, he/she shall sign the same. Otherwise the Mayor shall return the same to the clerical officer with his/her objections thereto. Within 96 hours from the time of adoption of the ordinance or resolution by the City Council, the Mayor shall either approve the ordinance or resolution by delivering the signed ordinance or resolution to the clerical officer or veto the ordinance or resolution by delivering a veto with written objections concerning the ordinance or resolution to the clerical officer. The 96 hour timeframe excludes Saturday, Sunday, or a legal holiday, in which event the period runs until 5:00 p.m. on the next day that is not a Saturday, a Sunday, or a legal holiday. If the Mayor fails to deliver a veto with written objections to an ordinance or resolution within the time period specified above, the ordinance or resolution shall be deemed in effect without the approval of the Mayor. If the ordinance or resolution is vetoed within the time and manner specified above, Tthe vetoed ordinance or resolution shall may be presented to reconsidered by the City Council. at its next regular meeting thereafter. If, upon reconsideration, the City Council shall pass the same ordinance or resolution by two-thirds vote of the City Council membership holding office, then the ordinance or resolution itshall be in full force and effect without approval by of the Mayor. If an ordinance or resolution is not returned by the Mayor within five (5) days after it was presented to him/her, Saturdays, Sundays, and holidays excepted, it shall be in effect without approval.
For the purposes of this Section, a “legal holiday” is as defined in the Red Wing City Code or Red Wing city policy.
The Mayor shall have only one hour after adoption of an emergency ordinance to approve and sign the same or veto the emergency ordinance. Otherwise the Mayor shall immediately return the same to the City Council with his/her objections. If the Mayor does not deliver an approved or vetoed emergency ordinance within one hour from the time of adoption by the City Council, the emergency ordinance shall be deemed in effect without the approval of the Mayor. For the purposes of an emergency ordinance, deliver means to hand to the recipient or electronically transmit the approval or veto to the recipient. If the emergency ordinance is vetoed by the Mayor within one hour from the time of adoption, Tthe emergency ordinance shall then be immediately reconsidered by the City Council and if adopted again. If, upon reconsideration, the City Council shall pass the emergency ordinance again, then the emergency ordinance it shall be in full force and effect without the approval of the Mayor.
For purposes of this Section, “delivered” shall mean:
1) Handed to the recipient;
2) Mailed to the recipient at an address designated by the recipient or at the last known address of the recipient;
3) Deposited with a nationally recognized overnight delivery service for overnight delivery or, if overnight delivery to the recipient is not available, for delivery as promptly as practicable, to the recipient at an address designated by the person or at the last known address of the recipient; or
4) Transmitted by electronic communication. “Electronic communication” means any form of communication, not directly involving the physical transmission of paper that creates a record that may be retained, retrieved, and reviewed by a recipient of the communication, and that may be directly reproduced in paper form by the recipient through an automated process;
5) An item is delivered by mail when deposited in the United States mail with sufficient postage affixed or when deposited for delivery by a nationally recognized delivery service after having made sufficient arrangements for payment by the sender. An item is deemed received when it is delivered in the manner specified above.
SECTION 2. Chapter 6 of the City Charter is hereby amended by deleting the overstruck language and inserting the underlined language as shown below:
Section 6.01 Powers Reserved by the People
The people of Red Wing reserve to themselves the powers, in accordance with the provisions of this Charter, to initiate and adopt any ordinances, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinances when adopted by the Council to be referred to the electors for approval or disapproval, and to recall elected public officials. through the petition process. These powers shall be called the initiative, the referendum, and the recall respectively.
Only ordinances that are legislative in character may be enacted through the initiative and referendum process. Ordinances relating to the budget, a capital program, appropriating money, authorizing the levy of taxes, the salaries of city officers and employees, the zoning and purchase of land, or other acts that are considered executive, administrative, or quasi-judicial acts of the City may not be enacted through the initiative or referendum process.
Section 6.02 Further Regulations
The Council may provide by ordinance such further regulations for the initiative, referendum, and recall, not inconsistent with this Charter, as it deems necessary.
Initiative
Section 6.03 6.02 Initiation of Measures
Any five registered voters may form themselves into a committee for the initiation of any ordinance except as provided in Section 6.01. Before circulating any petition, they shall file a verified copy of their proposed ordinance with the clerical officer together with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Such committee may, at time of filing, seek the opinion of the City concerning whether their proposed measure is a proper question for an initiative. If a committee seeks such opinion, the clerical officer shall, within ten (10) working days of the filing of the proposal and after review by the city attorney, inform at least one (1) member of the committee and the City Council whether or not said proposal is a proper question for an initiative. Proposals determined at this time to be an improper question may be amended and re-filed.
Section 6.04 6.03 Form of Petition and of Signature Papers
The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature papers and notarized affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least five percent (5%) of the total number of registered voters. in the last general election. When gathering signatures for their proposed measure, committee members need not collect all signatures on one signature paper; however, all signature papers must be in substantially the same form. All signatures shall be gathered on forms prescribed by and available from the clerical officer.
Each circulator of signature papers shall attach a notarized affidavit to those papers upon time of filing; this affidavit shall certify to the authenticity of the petition signatures, and shall also certify that each signature paper had attached to it, when circulated, a copy of the proposed ordinance. Circulators of signature papers need not be committee members.
Section 6.05 Filing of Petitions and Action Thereon
All the signature papers shall be filed in the office of the clerical officer as one instrument. Within five (5) days after the filing of the petition, the clerical officer shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether this number is as least five percent (5%) of the total number of registered voters. If he/she finds the petition insufficient or irregular, he/she shall immediately notify the committee of that fact, certifying the reasons for his/her finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerical officer shall file it in his/her office and shall notify the committee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose.
6.04.01 – Sufficiency of the Petition
Within ten (10) days after the filing of the petition, the clerical officer shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether this number is at least five percent (5%) of the total number of registered voters in the last general election. If the clerical officer finds the number of signatures to be insufficient, the clerical officer shall immediately notify the committee of that fact, certifying the reasons for that finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the signatures in all other particulars. If at the end of that period the number of signatures is found to be still insufficient, the clerical officer shall file the petition and notify the committee of that fact. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
6.04.02 – Validity of the Petition
The city attorney shall examine whether the proposed ordinance is a proper question for an initiative. The city attorney shall, within ten (10) business days after filing of the petition, return the petition with findings and conclusion regarding whether the petition is or is not a proper question. The city attorney shall issue the findings and conclusion to the committee and City Council, citing legal authority for said conclusion.
6.04.03 – Procedure after Determination
When the clerical officer has determined the sufficiency of the petition, and the attorney has issued a finding to the Council and the committee, the clerical officer shall present the same to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute.
Section 6.06 6.05 Action of Council on Petition
When the petition is found to be sufficient, the clerical officer shall so certify to the Council at its next regular meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. Upon the presentation of the petition and findings by the clerical officer, the Council shall at its next regular meeting determine the sufficiency or legal validity of the substance of the petition, and issue a resolution either accepting or rejecting the petition. If the Council rejects the petition, no public hearing or further action is required. The finding of insufficiency does not prevent the filing of a new petition for the same purpose.
If the Council accepts the petition, the The Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than thirty (30) days after the date of acceptance upon which it was submitted to the Council by the clerical officer.
If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to two-fifths (2/5ths) of the committee, the proposed ordinance shall be submitted by the Council to the vote of the electors at the next regular municipal general election; but if the number of signers of the petition is equal to at least ten percent (10%) of the total number of registered voters in the last general election, the Council shall call a special election upon the measure. Such special election shall be held not less than forty-five (45) nor more than sixty (60) days from the date of final action on the ordinance by the Council; but if a regular election is to occur within three months, the Council may submit the ordinance at said election.
If the Council passes the proposed ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City within ten (10) days of the adoption thereof by the Council, the ordinance need not be submitted to the electors.
Section 6.07 6.06 Initiative Ballots
The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. The Council shall formulate the ballot question, clearly and succinctly stating the essentials of the question. If a majority of the electors voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of electors voting on the question shall prevail to the extent of the inconsistency.
Section 6.08 6.07 Initiation of Charter Amendments
Nothing in this Charter shall be construed as in any way affecting the right of the electors under the Constitution and Statutes of Minnesota to propose amendments to this Charter.
Referendum
Section 6.9 6.08 Initiation of Measures
Any five (5) registered voters may form themselves into a committee for the purpose of bringing about a referendum on any ordinance adopted by the Council., except as provided in Section 6.01.
Section 6.10 6.09 Form of Petition and Signature Papers
The petition for any referendum shall consist of the ordinance sought to be repealed, setting the same out in full, indicating the date of adoption and the date of publication, if the same has been published, together with all the signature papers and notarized affidavits thereto attached. Such petition shall not be complete unless signed by at least 10% of the total number of registered voters in the last general election. The petition for the referendum on an ordinance shall be in a form prescribed by and available from the clerical officer.
Each circulator of signature papers shall attach a notarized affidavit to the signature papers upon time of filing; this affidavit shall certify to the authenticity of the petition signatures and shall also certify that each signature paper had attached to it, when circulated, a copy of the ordinance in question. Circulators of signature papers need not be committee members.
Section 6.11 6.10 Filing of Petition
If prior to the date when an ordinance takes effect a petition signed by at least ten percent (10%) of the registered voters of the City from the last general election is filed with the clerical officer requesting that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into effect. The Council shall thereupon reconsider the ordinance at its next regular meeting, and by roll-call vote either repeal it or re-affirm its adherence to the ordinance as passed. In the latter case the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal general election, pending which the ordinance shall remain suspended.
Section 6.12 6.11 Referendum Ballots
The ballots used when voting upon any such referred ordinance shall be written by the Council, clearly and succinctly stating the essentials of the question, and be published two weeks before the election in the official newspaper of the municipality. The ballot shall state the substance of the ordinance and give the voters the opportunity to vote either "Yes" or "no" on the question of repeal. If a majority of the voters vote in favor of repeal, the ordinance shall not take effect. If, however, the majority votes against repeal, the ordinance shall take effect immediately or on the date therein specified.
SECTION 3: Effective Date. This ordinance shall be in full force and effect after its adoption and publication in accordance with the City Charter and Minnesota Statutes Section 410.12, subdivision 7.
Introduced the 13th day of January, 2014.
Adopted this 27th day of January, 2014.
/s/ Lisa Pritchard Bayley, Council President
ATTEST:
/s/ Kathy Seymour Johnson, MCMC, City Clerk
(Seal)
Presented to the Mayor at 10:14 p.m. on this 27th day of January, 2014.
Approved this 27th day of January, 2014.
/s/ Daniel D. Bender, Honorable Mayor
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