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HomeMy WebLinkAbout1984-04 03-26 CCO t CITY OF BROOKLYN CENTER ORDINANCE NO. 84 -4 AN ORDINANCE AMENDING THE BROOKLYN `CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.01, 2.03, 2.05, 2.06, 3.02, 5.09, 6.02, 6.04, 7.06, 7.09, 7.16, 8.03 8.04 9.03 11.01 11.02 12.12 and 1213.of the Brooklyn Center City Charter are hereby amended as follows Section 2.01. FORM OF GOVERNMENT. The form of government established by this charter is the "Council- Manager Plant The Council shall exer- cise the legislative power of the City and determine all matters of policy. The City Manager shall be the head of the administrative branch of the City [government] Government and shall be responsible to the Council for the proper administration of all affairs relatingg to the City. Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Couneilmembers who shall be registered voters of Brooklyn Center, and who shall be ,elected at large. Each Councilmember shall serve for a term of three (3) years. The Mayor shall serve for a term of two (2) years, The Council shall be [judges] canvassers of the election of the Mayor and the Councilmembers,. Section 2.05. VACANCIES IN THE COUNCIL. The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office. The Mayor or Councilmember shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council' without being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the 'voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period 'being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified_ person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill `a vacancy within thirty (30) days, the [election authorities] City Clerk shall call a special' election to fill the vacancy. The election will be held not sooner than ninety Y (90) days and not later than one hundred`and (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) members; if at any time the membership of the Council is reduced to less than three (3) the remaining members may by unanimous action appoint additional members to raise the membership to three (3) .�1_ ORDINANCE NO. 84-4 Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a em who shall hold office at the pleasure of the Council president pro t P and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonia_1 purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any [office! officer or department of the City. In time of public danger.or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 3.02. SECRETARY OF COUNCIL. The City Clerk or the City Clerk's designee shall act.as Secretary of the Council. The Clerk shall keep a journal of Council proceedings and such other records and perform such other duties as may be required by this charter or as the Council may require. The Council shall choose such other officers and employees as may be necessary to serve at its meetings. In the absence of the City Clerk, the Council may designate any other official or employee of the City (except the City Manager or a member of the Council) to act as Secretary of the Council. Section 5.09. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter shall be construed as in any way .affecting the right of the registered voters, under the constitution and statutes of Minnesota, to propose amendments to this charter. MINNESOTA STATUTES ANNOTATED Section 410.12 Subdivision 7 Charter Amendment by Ordinance Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two per cent of the total number of votes cast in the city at the last state general election or 2,000, which- ever is less. If the city has a system of permanent regis- tration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within -2 ORDINANCE NO. 84-4 the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition,'of the voters, except that the council may submit the 'ordinance at any general or special election held at least 60 days after- submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of (Minnesota Statutes 410`.12) subdivi- sions 1 [tthPough] to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to filing of such ordinance when approved by the voters Section 6.02 POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 5. The City Manager shall attend all meetings of the Council, unless excused by the Mayor, with the right to take part in the discussion, but not to vote; but the ,Council may in its discretion exclude the City Manager from any meeting at which the removal of the City Manager is considered. Section 6.04 SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, and such other officers subordinate to the 'City Manager as the Council may create by ordinance. The City Clerk shall be subject to the direction of the City Manager, and shall have duties in connection with the keeping of the public records and such other duties as may be assigned by the City Manager or by the provisions of this charter. The City Treasurer shall have such duties in connection with the receipt, disbursement and custody of public funds as may be assigned by the City Manager and other provisions of this charter. [The Clerk may be designated by the City Manager to act as Secretary of the Council.] The provisions of this charter shall not be construed so as to brevent the combining of the offices of City Clerk and City Treasurer'. "The Council may,by ordinance abolish offices which have been created by ordinance, and may combine the duties of various offices as it may see` fit. Section 7.06. PASSAGE OF ANNUAL BUDGET. The City Manager shall present the Proposed Budget as an item of business at the first regular monthly meeting of the 'Council in September, and the Council shall hold` adjourned meetings from time to time until the Manager's ,Budget has been considered in total. The initial meeting and all subsequent meetings in which the re Proposed 'Budget is forstreg [The budget shall be the principal item of P g get a dd r monthly meeting of the Council in September, and the Council shall hold adjourned meetings from time to time until all the estimates have been considered. This special budget meeting] shall constitute a public hearing on the budget and the Council shall cause to- be- published a notice of the time and place of the [public hearing] initial meeting, giving not less than seven (7) days'nor' more than fourteen (14) days notice of the time and place. The meetings shall be so conducted as to give interested citizens a reasonable opportu- nity to be heard. [The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council.] Complete copies of the City Manager's -3 ORDINANCE NO. 84-4 Proposed Budget shall be available for public view 'at 'all meetings at which the Council reviews the Proposed Budget The annual budget finally agreed upon shall set forth in detail the complete financial plan of the City for the ensuing fiscal year for the funds budgeted [and shall be signed by the majority of the Council when adopted.] It shall indicate the sums to be raised and from what sources and the sums to be spent and for what purposes according to Section 7.05. The total sum appropriated shall be equal to the total estimated revenue and allocated surplus. The Council shall adopt the budget not later than [the,first week of October] three (3) calendar days prior to the statutory requirement for certification of the budget to the County Auditor by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the Council deems necessary for purposes of budget control. The Council shall also adopt a resolution levying whatever taxes it considers necessary within statutory limits for the ensuing year for each fund. The tax levy resolution shall be certified to the County Auditor in 'accordance with law. At the beginning of the fiscal year, the sums fixed in the budget resolution shall be and become appropriated for the several purposes named in the budget reso- lution and no other. Section 7.09`. CONTINGENCY APPROPRIATION IN BUDGET. The Council may include a contingency appropriation as a part of the budget but not to exceed [three per centum (3 five percent (5 of the total appropriation of the general fund made in the budget for that year. A transfer from the contingency appropriation to any other appropriation shall be made only by a majority vote of the members of the Council. The funds thus appropriated shall be used only for the purposes desig- nated by the Council. [Section 7.16. BONDS OUTSIDE THE DEBT LIMIT. The Council may issue bonds for legal purposes outside of the debt limit as provided by law.] Section '8.03. LOCAL IMPROVEMENTS REGULATIONS. After this charter takes effect local improvements commenced prior thereto shall be completed and assessments may be levied and securities issued for the financing thereof as prescribed by the law applicable thereto. The Council may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed thereafter in making all local improvements and levying.assessments therefor. Such ordinances shall [supercede all other provisions of the law on the same subject and may] be amended only by an affirmative vote of at least four fifths (4/5) of the members of the Council. In the absence of such ordinances all local improvements may be made and assessments levied therefor as prescribed by an applica- ble law. Section 8.04. PUBLIC WORKS: HOW PERFORMED. Public works, including all local improvements, may be constructed, extended, repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds or other guarantees approved by the City Manager for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State. -4- ORDINANCE NO. 84 -4 Section 9.03. PAYMENT OF AWARD. The City shall, within seventy (70) days after the filing of the commissioner's report, or in case of an appeal within [seventy (70)] forty -five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. Section 11.01. ACQUISITION AND OPERATION OF UTILITIES. The City may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably_ needed for that purpose and may acquire any existing utility properties so needed; but such acquisition action may only be taken by an ordinance, approved by a' majority of the electors voting thereon, at a general or special election. The operation of all public utilities owned by the City shall be under the supervision of the [Director of Public Works.] City Manager. Section 11.02. RATES AND FINANCES. Upon recommendation made by the [Director of Public Works] City Manager or upon its own motion, the Council may fix rates, fares and prices, for municipal utilities, but such rates, fares and prices shall be just and reasonable.- The Council shall endeavor to make each municipal utility financially self- sustaining and shall not use any municipal utility operation directly or indirectly as a general revenue producing agency for the City. Before any rates, i fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06. The Council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. [Section 12.12. DISPOSITION OF FINES AND PENALTIES. All fines, for- feitures, and penalties received for the violation of any ordinance shall be paid into the City Treasury. Every court or officer receiving such monies, within thirty (30) days thereafter, shall make return thereof under oath and shall be entitled to duplicate receipts.for the amount paid. One of the receipts shall be filed with the City Clerk.] Section [12.13] 12.12.' ORDINANCES TO MAKE 'CHARTER EFFECTIVE.. The Council shall by ordinance make such regulations as may be ecessary to carry out and make effective the provisions of this charter. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this 26t-h day of larch 19 84 i Mayo ---5- ORDINANCE NO. 84 =4 ATTEST:" Cher Published in the official newspaper March 8;, 1984 Effective Date June 6, 1984 (Brackets indicate matter, to be deleted, underline indicates new matter.) (Published in the Brooklyn Center Post -6-