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HomeMy WebLinkAbout1984-04 03-08 AP CITY OF 9Wb CENTER Notice is ANply linen lta0 a pdMk heoriel wink Meld an the us toy of Moral. ;1Nt at Sets rpdn. at to CRY Hot. MI smove Crook rarkway, to consider an ame"aww to. the Brooklyn Center City Charter. ORDINANCE NO BROOKLYN CENTER POST to ORDINANCE AMENDINOTHE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES AFFIDAVIT OF PUBLICATION ORDAIN AS FOLLOWS: Section 1. Sections %01, 2.03. 2.05, 246, 3.02.5.09,6.02, 6.04, r,A6, 7.69, 7.161' 6:03, 8.04 9.0, 11.01, 11.02, 12.12, 'end 12.13 of the Brooklyn Center City STATE OF MINNESOTA Charter are hereby amended as SS. follows: COUNTY OF HENNEPIN Section 2.01. FORM OF GOVERN MEMT.: The form of government established by this charter Is the "Ca mll4la nager Plan." The Council shell onfircise the legislative poweerr of the City and determine All matters of policy: TUisCity Manager shad be the Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President 'hand of, the.. administrative •If Of of The Post Publishing Co., publ isher and printer of the newspaper known as the City (government) Govertnneld and shag be responsible to the council BROOKLYN CENTER POST 'for the proper administration: of all affairs relating to the City. and has full knowledge of thefacts herein stated as follows: Section 2.03 ELECTIVE Of. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent FICERS The Council ehatU be CM in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each nosed of a Mayor and four Council week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which members who shall 1W registered, it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter voters W Brooklyn a� and who; and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at -shall S elected ge. Each; least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation CounelMlOmbersha4 Serve for fafarm currently paid or no more than three months in arrears and has entry as second -class matter in its local post of three (3) years. The.`Maydr shall, office. (5) Said newspaper purports to serve the serve We term of floet2)•years. The Council shelf be (ludles) canvassers- CITY OF BROOKLYN CENTER of the piction of ",Asyor and thei Counclimembers in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open Section 2AS. VACANCIES IN THE during its regular business tours for the gathering of news, sale of advertisements and sale of subscriptions and main COUNCIL..'The off gl'jo Mayor or tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all Couneilineft0w shall become vacant such regular fours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately upon death,, inlignatlon, N from with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years -t any mamsr.,,tyuthoritad.. by. preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of office in 're o.. t fl office. Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of few Or Mayor O f orfeitu a t f jha, forfeit The State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper the office for (1) la& any time is a legal newspaper. during the term of agice of any qualification for the office prescribed. He further states on oath that the printed c' by this Charter or by toan, violation any express lore of this, ter, (3) eomrii of a crime:, ti� -a *.1n y. 1` Y .LEI; k s.! iv(ng moral forli bde, or (4) failure to attend three ...hive regular meetings of the Council- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in without being excused by the Council. A vacancy in the it shall be filled; ,temporarily, by' esCWlnelt -arid then the Englishlanguage once each week, for..... successive weeks; that it was first so published -k- -t by the voters for the remainder of the P I term at it*. afint regular 'election' 1 unless that a ya onxurs from wi the oc• thin one the.. a. day of. hundred 19. Wand was thereafter printed and published on every so Currence of fba AWancy, fhls period neee fi lo all Col unc time for g is a printed copy of the I fe to and including the day of 19and that the followi tes o e TO GqU by a m rota of a Its ininp' sMU Ifled lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in ht vie the r' the composition and publication of said notice, to wit: i abcdefghijklmnopgrstuvwxyz -5 pt. Sans (yl) daYS en�iMllftator hundred and twenty (120) days, following the occurrence of the vacancy and to be otherwise governed: by the provisions Of Section 4.03, special elections. The quorum of the Council consists of three (3) mem torso if i any time the membership of .....e! ...�.4� ..�.V.Y. :v V iVt+< .�5!'... the.Councif is reduced to loss than three (3) the remaining members may:' by unanimous action appoint ad ditional members to rinse the Mom Subscribed and sworn to before bership to three (3). Section 2.06. THE MAYOR. The me this... .......da of.....!...Ct�:>•- f;�.,;..A.D., 19..`..../ mayor shall be the presiding officer of Y the Council, "lxcept that the Council shalt Choose from Its members e yGL president pro tern who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's (NOTARIAL SEAL) absence and as Mayor in case of the Mayor's disability or absence from the t hes The Mayor shall have a vote as a bee of the Council and shall Notary Public,....... County, Minnesota rdse all powers and perform all conferred and Imposed Upon the My Commission Expires .......................19...... Mayor by this charter, the ordinances p of the City, and the laws of the State. The Mayor shall be recognized as the official' head of the City for all ceremonial purposes, by the courts for 'the purpose of serving civil process, and by the Governor for the purposes of martial taw. The Mayor shall study the operations of the city government No Affidavit of Publication OF Publish*d in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1t1 and shall report io'the Council any Section 8.0 LOCAL IMPROVE- neglect, dereliction of duty, or waste- The City Treasurer shall haw such MENT5 REGULATIONS. Alter this de on fhe part of any (office)- ookw or duties in connection with the receipt, charter takes effect local improve d epa r t m en t of the City. Time of disbursement and custody of public meats commenced prior thereto shati public danger or emergency the funds as may be assigned by the City be completed and assessments may be Manager and other provisions of this levied and securities issued for the C ount may, with the consent of the charter. (The Clerk may be financing thereof as prescribed by the C take c of the ET the lbw: police, designated by the City Manager to act law applicable thereto. The Council Section 3.02. SECRET maintain order r and enf as- Secretary of the Council.) The may prepare and adopt a compre-- SECRETARY OF hensive ordinance prescribing the COUNCIL. The City Clerk or the City provisions of this charter shall rot be procedure which shall be followed y Clerk's designee shall act as Secrl construed so as to prevent the com- of the Council. The Clerk shall', k a biasing of the offices of City Clerk and thereafter in making all local im- journal of Council proceeding d City Tramurer. The Council may by provements and levying assessments such other records and perform h ordinance abolish offices which have therefor_ Such ordinances shall otherdutiesasmayberegnufredbs been created by ondinaflCe, and may (supercedeall other provisions Of the herter or es the Council may ra e. combine the duties of various offices law an the same subject and may) be on ne Council shall choose suc as )t may see fit. amended lyby an affirmative vote h r Section 7.06. PASSAGE OF Ali mot least four fifths (four- fifths) of ,Aficers and employees as rahay be NUAL .BUDGET. The City Manager members of the Council. In the necessary to serve at its meetings. In shall present the Proposed Budget as ence of such ordinances all local the absence of the City Clerk, the r 9n of business at the first regular improvements may be made and Council may designate any other !of- n IV meeting of the Council in assessments levied therefor as; fiscal or employee of the city (except Se ember, and the Cou shall hold Council) to act as Secretary prescribed by an applicable law. the City Manager or a member of the Of the adjourned meetings from time to time Section 8.04. PUBLIC WORKS: HOW PERFORMED. Public works, Council:. until the Ntanager's Badget has been AME considered in total. The Initial meets ch including all local improvements, may Section INITIATION F all be constructed, extended, repaired, CHARTER way affecting the righi', AME of a AMENDMENTS. Moth rig and sWs Subsequent meetings in which and maintained either directly by day in this charter shall be construed a i the- Proposed Budget iz considered (Thebudgetshall be the principal item labor or by contract. The City shall rag registered voters, under the m business at the first regular to m onthly require contractors to give bonds or sTitution and statutes of Minnesota' to meeting of the Council in September, other guarantees approved by the City propose amendments to this char. and the Council shall hold adjourned Manager for the protection of the City meetings from time to time until al l and all perso furnishing labor and m MINNESOTA materials pursuant to the laws of the STATUTESANNOTATED the estimates have been considered.' State. Section 410.12 Subdivision'7 This special budget meeting) shall. Charter Amendment by Ordinance constitute a public hearing on the Section T,e3. PAYMENT OF AWARD. The City. shall, Within. Subd: 7. Amendment by ordinance. budget' and the Council shall case to seventy (70) days after the filing of the Upon recommendation of he be published a notice of the time and, t commissioner's report, or in case of an charter commission the city ,council place of the (public hearing) lal"01, appeal within (seventy (70) forty -five may enact a charter amendment b meeting, giving not less than seven (1) Y days after the final j or ordinance: Such an ordinance, if days nor more than fourteen (U stip days sfipWtions et thereon, settlement thon, pay.. enacted, shall be adopted by the notice of the time and place. The. P? any award is lo damages allowed w council by an affirmative vote of all meetings Shall be so conducted as iro want to this section and State law give interested citizens a reasonable' its members after a public nearing whether by the commissioners or upon upon two weeks' published notice opportunity to be heard. (The budget, appeal. containing the text of the proposed estimates shall be read in full and the amendment and shall be approved City Manager shall explain thevarlou5 Section 1T.0t, ACQUISITION AND items thereof as OPERATION a UTILITIES. The fultl n by the mayor and published as in the y as may _be, City may own and operate any gas, case of other ordinances. An or- deemed necessary by the Co ncir) dinance amending a city charter Complete copies of the City ManagiWs water, heat, power, light, telephone or shall not become effective until 90 Proposed Budget shall be available for other e eds utility tai supplying its own needs for utility service or for public view at all days after passage and publication meetings at which, supplying utility service to private or at such later date as is fixed in the the Council reviews the proposed ordinance. Within 60 days after Budget. The annual budget finally-, consumers o r bo th. It may needed f passage and publication of s'uch',an agreed upon shall so forth in detail thd all facilities reasonably neewded for that purpose and may acquire any ordinance, a petition requesting! tom a complete financial Plan of the City for existing utility properties so needed:. ferendum on the ordinance may the ensuing fiscal year for the funs but such acquisition action may orgy fled with the city lerk, Such budgeted (and shall be signed by thq be taken by an ordinance, approved by y majority a the cafe th when a majority of the electors voting. Lion shall be signed by qualified te(,) It shall indicate the sums voters equal i number to tees coat raised and from what sources and the' thereon, at a general or special cart of the total number tal es cast election. in the city at the last state general sums to be spent end for what The operation of all public election or 2,000, whichever is less' If purposes according to Section 7.05. utilities owned by the City shall be The total sum under the supervision of the (Director. the city has a system of per t appropriated shell the M Public Works.) City Manager. registration of voters, o nly equal to the total estimated ht* y reve and allocated surplus. The Comnctl" tctiom 11,02. -RATES AND registered voters are eligible toil shall adopt the budget not later than ANCES. Upon recommendation the petition. if a re sccrib e petit made by the (Director of Public is filed within the prescribed per first of October) three (3Y Works) City Manager or upon its own der days prior to the stafuf0 motion, the Council -may fix rates, effective until it is approved by th e ordinance shall not deco N rement for certification of the fares and prices, for municipal voters as in the case of charter budget to the County Auditor by a utilities, but such rates, fares and-. amendments submitted Ify the resolution which shall set forth the charter commission, the council, or total for each budgeted fund and c prices shall be just and reasonable oda` The Council shall endeavor to s make the council may submit the or- to ob jects and purposes of ex= by petition of the voters, except that department with such segregation as each Council mun util en t self•, sustaining and shall not use any dinance at any general or special netdiessary for the purposes of deems municipal utility operation directly or election held at least io 60 days after p DOSe s budget indirectly as a general revenue rv• ^tro. e Council shall also it owing agency for the City. Before submission of the petition, Or it may t Th C adept reconsider Its action in adopting the union levying whatever faces if any "rates, fares or prices for ordinance. As far as practicable the der' necessary within statutoli municipal utilitiesshall be fixed by the requirements of (Minnesota limits for the ensuing year for each CODUxil ,theCouncilshallholdapuWic 3f—des 410:12) subdivisions 1 fund, The tax levy resolution shall be hearing t the matter )n accord public gh) to _3 apply t0 petitions certified 10 the County Auditor in' with Section 11.06. The Council shall s tied under this section,', to an accordance with law. At the beginning prescribe the time and the manner in ordinance amending a charter, and of the fiscal year, the sums fixed in the rich payments for all such utility to filing of such ordinance when budget resolution shall be and bacon services shall be made, and may make approved by the voters. appropriated for the several purposes s a such other regulations a may be Section 6.02. POWERS AND named in the budget resolution and no s c e y and pres p ena l ties for DUTIES OF THE CITY MANAGER. other- n of such regulations, 1. Subdivision S. The City Manager Section 7.09. CONTINGENCY` .(section f D l ati regulations. 1 1. shall attend all meetings of the APPROPRIATION IN BUDGET. The Council, unless excused by the Miter, Council may include a contingent NES AND PENALTIES. All fines.. with the. right to take ant In the o appropriation as a part the failures, and penalties received fqr- discussion, but not to vote; but the budge p but not to exceed f three per cesium ne violation of any ordinance shaU be f into the City Treasury. Every paid Council may g the its discretion exclude Percent) five percent (S the general of court or officer receiving such monies,. theh Manager from any meeting at the total appropriation of general within thirty (30) days thereafter, whicch the removal of the City und made in the budget for that year; y A transfer from the contingency ap- shall make return thereof under oath. Manager is considered, propriation to any other appropriation and shall be entitled to duplicate OFFICERS. There re shall be Section 6. Sh be SU receipts for the amount paid. One-of- a City shall be made only by a majority wtg of the members of the Council. The the receipts shall be filed with the City Clerk, City Treasurer, and such other funds thus appropriated shall be used. Clerk.) officers subordinate to the' City Section (12.13. 12.12.ORDINANCES Manager as the Council may create by only for the purposes designated by ITO MAKE CHARTER EFFECTIVE. ordinance. The City Clark, the Council. The Council shall by ordinance make ss (Section 7.16. BONDS OUTSIDE; a sMU met, C 'o'il THE DEBT LIMIT. The Council may I such regulations as may be necessary Manager, issue bonus for legal purposes outside to carry out and make effective the connection with the of the debt limit as provided by law.) n provisions of this charter. public records Wilt such a6wr .Section 2. This ordinance sham, m0y M aeslglned by the Cpfy become effective after publication and or by ON provisions of this charter. i ninety (90) days following its adoption Adopted' this— day of 19.