HomeMy WebLinkAbout1980-09 09-18 AP CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING THE
BROOKLYN CENTER CITY
CHARTER
THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER DOES
ORDAIN AS FOLLOWS: BROOKLYN CENTER POST
Section 1. Chapters 2 3, 4, 5, 6, 7, 11
and 12 of the Brooklyn Center City
Charter are hereby amended as
fol
AFFIDAVIT OF PUBLICATION
Section 2.04a. INCOMPATIBLE
OFFICES. No member of the Council
shall be appointed City Manager, nor
shall any member hold any other paid
municipal office or employment for
the city; and until one (1) year after STATE OF MINNESOTA
the expiration of (his) the member's
-term or the member's resignation as SS.
Mayor or (Councilman) Coun- COUNTY OF HENNEPIN
cilmember, no former member shall
be appointed to any paid appointive
office or .employment for the City
(which office or employment was
created or the emoluments of which
were increased during his term as
Councilman.) except as provided In Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President
Section 2.OS. of The Post Publishing Co., publisher and printer of the newspaper known as
Section 2.04b. PRIVATE EM-
PLOYMENT. No former Mayor Or BROOKLYN CENTER POST
Counclimember may, within one (1)
year after leaving the position, appear and has full know) edge of the facts herein stated as follows:
or participate in proceedings before (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
the council except to represent the in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
for mar member's own personal in- week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
4erests as a private citizen o} the City it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
Brooklyn Center. and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
of
Brook 3.01, COUNCIL MEETINGS. least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
Section On the first business day of January currently paid or no more than three months in arrears and has entry as second -class matter in its local post
following a regular municipal elec- office. (5) Said newspaper purports to serve the
tion, the Council shall meet at the CITY OF BROOKLYN CENTER
usual place and time for the holding of
Council meetings. At this time, the 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
newly elected members of the Council during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main
shall assume their duties. Thereafter, tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all
the Council shall meet at such times such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
each month as may be prescribed by with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
ordinance or resolution. The Mayor or preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
any two members of the Council may Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
call special meetings of the Council State and signed by the managing officer of said newspaper and sworn to before a notary public stating that The newspaper
upon at least (twelve hour's) twenty- is a legal newspaper.
four (24) hour's written notice to each A
member of the Council. Such notice
shall be delivered personally to each He further states on oath that the printed a� u* Y�T1?
member or shall be left at his usual
place of residence with some
responsible person. All meetings of the v'.\b- .tiffs. Q r7
Council shall be (public) In com-
pliance with the Minnesota Open
Meeting Law, and any records thereof hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
shall be made available at all
reasonable times.
Section 3.04. ORDINANCES,. the English language, once each week,for..t...successive weeks; that it was first so published on.l. �h�..ettn
RESOLUTIONS AND MOTIONS. ry n
Except as otherwise provided in this b 4. and was thereafter printed and published on every....
charter, ail legislation shall be by the...... &day of.
vordinance. The aye and no vote and
abstentions on ordinances„ resolutions
and motions shall be recorded. An to and including the..........day of 19 and that the following is a printed copy of The
affirmative_ vote of -a majority of all
'the members of the Council shall be lower case al g
required for the passage of all or- p abet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
dinances and resolutions, except as
otherwise provided in this charter,
Section 3.05. PROCEDURE ON the composition and publication of said notice, to wit:
ORDINANCES. The enacting clause
of all ordinances shall be in the words
City of Brooklyn Center does ordain." abcdefghijklmnopgrstuvwxyz -5 pt. Sans
_Every ordinance shall be presented in
writing. No ordinance except an
emergency ordinance shall be passed
at the meeting at which it is in-
troduced, and at least seven (7) days
shall elapse between its Introduction
and its final passage. Every or-
dinance, other than an emergency f
ordinance, shall be published in the
(legal) official newspaper at least
,one week prior to the final passage.
Section 4.01. THE REGULAR
MUNICIPAL ELECTION. A regular Subscribed and sworn to before
municipal election shall be held on the
first Tuesday after the first Monday in C M
November of each year at such place me this. .....................day of....... A.D., 19..
or places as the City Council may
designate. The City Clerk shall give at f
least two (2) weeks' previous notice of P r
the Time and place of holding such
election and of the officers to be
elected and such other matters to be (NOTARIAL SEAL)
voted upon by posting in at least one
pu nd by publication at least once in The y blic place i each easing precinct
0 a Notary Public ........................County, Minnesota
official newspaper, but failure to give
such notice shall not invalidate such
election.
My Commission Expires .....................19..._..
Section 4.03. SPECIAL ELEC-
TIONS. The Council may by resolution
order a special election and provide all
means for holding it. At least three (3)
weeks of weekly published notice of a
special election shall be given in the
official newspaper. The procedure at
such election shall conform as nearly
as possible to that prescribed for other
municipal elections.
Section 5.02. EXPENDITURES BY Subd. 4. As far as practicable the
PETITIONERS. No member of any requirements of section 410.12 apply to
initiative, or referendum committee, petitions submitted under this section,
no circulator of a signature paper, and to an ordinance amending a charter,
no signer of any such paper, or any and to the filing of such ordinance
other person, shall accept or offer any when approved by the voters.
reward, pecuniary, or otherwise, for Laws 1967, Ex. Sess., c. 33, sec. 3, eff.
service rendered in connection with July 1, 1967,)
the circulation thereof, but this shall I Subd. 7. Amendment by ordinance.
not prevent the committee from in- Upon recommendation of the charter
curring expenses for legal advice, commission the city council may
stationery, copying, printing, ad enact a charter amendment by or-
vertising and notaries' fees. The N dinance. Such an ordinance, if
committee, at least five (5) days t Publication enacted, shall be adopted by the
before the election, shall file with the Affidavit Ol r U011cation council by an affirmative vote of all Its
City Manager a financial statement members after a public hearing upon
verified by a member of the com- two weeks' published notice con
mittee, which shall show in Itemized OF taming the text of the proposed
detail, all receipts, with the source amendment and shall be approved by
thereof, and all disbursements and all the mayor and published as in the case
obligations to make disbursements. of other ordinances. An ordinance
Any violation of the provisions of this amending a city charter shall not
-(section) paragraph shall constitute a become effective until 90 days after
misdemeanor. passage and publication or at such
Section 5.09. INITIATION OF later date as is fixed In the ordinance.
CHARTER AMENDMENTS. Nothing Within 60 days after passage and
In this charter shall be construed as in publication of such an ordinance, a
any way affecting the right of the petition requesting a referendum on
registered voters, under the con- the ordinance may be flied with the
stitution and statutes of Minnesota, to city clerk. Such petition shall be
propose amendments to this charter, signed by qualified voters equal in
MINNESOTA STATUTES Published in number to votes percent
st in th at the
ANNOTATED BROOKLYN CENTER POST
last state general election or 2,000,
Section C410.311
410.12 Subdivision? whichever is less. n the city has
system of permanent registration of
Charter Amendment by Ordinance 8801 Bass Lake Road voters, only registered voters are
(Subdivision 1. As an alternative to eligible to sign the petition. If the
the amendment methods provided In MINNEAPOLIS, MINNESOTA 55428 requisite petition is filed within the
section 410.12, a home rule charter prescribed period, the ordinance shall
may be amended as provided in this not become effective until it is ap•
section. proved by the voters as in the case of
Subd. 2. Upon recommendation of DATE OF PUBLICATION charter amendments submitted by the
the charter commission the city charter commission, the council, or by
council may enact a charter amend petition of the voters, except that the
ment by ordinance. Such an or. counctl may submit the ordinance at
dinance, if enacted, shall be adopted any general or special election held at
by the council by an affirmative vote
of all its members after a public least 60 days after submission of the
petition, or it may reconsider its ac-
notice containing
hearing upon two weeks' published tion In adopting the ordinance. As far
the text of the ATTORNEY as practicable the requirements of
proposed amendment and shall be Minnesota Statutes 410.12, Subdivision
approved by the mayor and published 1 through 3 apply to petitions sub
as in the case of other ordinances. miffed under this section, to an or-
Subd. 3. An ordinance amending a dinance amending a charter, and to
city charter shall not become effective filing of such ordinance when ap-
untll 90 days after passage and proved by the voters.
publication or at such later date as is Section 6.05. PURCHASES AND
fixed in the ordinance. Within 60 days CONTRACTS. (The City Manager
after passage and publication of such may make or let contracts for the
an ordinance, a petition requesting a purchase of merchandise, materials
referendum on the ordinance may be FILED or equipment, or any kind of con
filed with the city clerk. Such petition structlon work when the amount of
Shall be signed by qualified voters such contract does not exceed one
equal in number to two per cent of the thousand dollars ($1,000:00). If such
total number of voters cast in the city contract exceed the last stated amount
at the last state general election or but is less than twenty -five hundred
2000, whichever is less. If the city has a dollars ($2,500.00), same may be made
system of permanent registration of or let by the City Manager after first
voters, only registered voters are obtaining the approval of the City
eligible to sign the petition. If the BROOKLYN CENTER POST Council. All other purchases shall be
requisite petition is filed within the made and all other contracts let by the
prescribed period, the ordinance shall Council after the recommendation of
not become effective until it is ap- 1 q ry= 0 1 the City Manager has first been ob-
Proved by the voters as in the case of;:as� tained.) The City Council shall be
charter amendments submitted by the resolution, establish and maintain a
charter commission, the council, or by purchasing policy for the City of
petition of the voters, except that the Brooklyn Center. All contracts, bonds,
council may submit the ordinance at and instruments of any kind to which
any general or special election held at the City is a party shall be signed by
least 60 days after submission of the the Mayor and the City Manager on
(petition, or It may reconsider its ac-
Rion in adopting the ordinance. behalf of the City and shall be
executed in the name of the City.
City. The budget shall show the in-
Section 6.06. CONTRACTS: HOW official City record. The final finding come and expenditures classified in
election occurs within one hundred accordance with generally accepted
of (merchandise) supplies, materials;
LET. Every contract for the purchase (100) days from the occurrence of of the Insufficiency or irregularity of a
petition shall not prejudicethe filing of accounting principles. The City
equipment or (for any kind of con- 'the vacancy, this period being a new petition for the same purpose, Manager shall submit with the
tion necessary to allow time for candidates estimates such explanatory
strut work where the amount nor shall it prevent the Council from statements as (he) the City p Manager
involved is more than twenty-five to file. The Council by a majority vote
y of all its remaining members shall referring the ordinance ci the voters may deem necessary, and under this
hundred dollars ($2,50 upon shall be let appoint a qualified at the next regular or special election.
only by the Council upon the recom a o Person to fill the charter, (he) the City Manager shall
Section 6.01. THE CITY
mendation of the City Manager to the vacancy until the person elected to MANAGER. The City Manager shalt interpret this section as requiring
lowest responsible bidder, unless the serve the remainder of the unexpired comparisons of the City's finances
Term takes office. If the Council fails be the Chief Administrative Officer y with the two previous budgets of this
Council shall otherwise provide by to fill a vacancy within thirty (30) the City it so and shall be chosen by
resolution adopted by a vote of a The Council solely on the basis of (his) municipality.
majority of the Council and published days, the election authorities shall tali training, experience, and ad Section 7,07, ENFORCEMENT OF
g newspaper once in the official legal news a r of a special election to fill the vacancy. c THE BUDGET. it shall be the duty of
the City. The Council may, however, hoicera shall a qualifications. The the City Manager to enforce the
reject any and all bids. Nothing inhabitants of the City or State. (b t than ninety (90) days and not later choice not be limited to u provisions of the budget as specified in
contained in this section shall prevent than one hundred and twenty (120) he) The City Manager shall be a the budget resolution. (He) The City
the Council from contracting by a days following the occurrence of the citizen of the United States and (The Manager shall not authorize or ap-
four- fifths (4 -5) vote for the doing of vacancy and to be otherwise governed City Manager) shall be appointed for prove any expenditure unless an
work with patented processes, or from by the provisions of Section 4.03, an indefinite Period he) The appropriation has been made in the
the purchasing of patented appliances
che I quorum of the Manager shall be r remo vaablbl Th special elections. The u e by the he budget resolution and there is
removable the same majority.) the con- Council consists of three em Council at will, provided however, that an available unencumbered balance Of
st
struetton, alteration, repair or tiers; if at any time the e memm bership if removed at any time after one year the appropriation sufficient To pay the
maintenance of real or e Council is reduced to less than
personal of th C i of service, (he) the City Manager liability to be incurred. No officer or
property shall be in accordance with three (3) the remaining members may may, within fifteen (15) days after employee of the City shall place any
the Uniform Municipal Contracting by unanimous action appoint ad- (his) such removal, demand written orders or make any purchases except
Law, M.S.A. Section 471.345. Subject to ditional members to raise the mem- charges and a public hearing on the for the purposes authorized in the
the provisions of this charter, the P
bershi to three (3). same before the Council; but pending
budget. Any obligation incurred by
Council may by (ordinance) resolution Section 2.06. THE MAYOR. The and during such nearing, the Council any person in the employ of the City
adopt further regulations for the Mayor shall be the presiding officer of may suspend (him) the City Manager for any purpose not in the approved
making of bids and the letting of the Council, except that the Council from office with or without pay. Such budget or for any amount in excess of
shall choose from its members a public hearing shall take place within
contracts. the amount appropriated in the budget
pro who shall hold office
Section 11.01, F president ro t hh
UT ISITION AND thirty e resolution or in excess of the available
days after the demand for
at the pleasure of the Council and shall
OPERATION OF UTILITIES. The b the same shed written o the monies in any fund of the City may be
City considered a personal obligation u
serve as president in the Mayor's
City may own and operate any gas, be furnished (him) to 4he City l blitin on
P
absence and as Mayor in case of the the person incurring the expenditure.
water, heat, power, light, telephone or Mayor's disability or absence from the Manager by the Council at least ten
other public utility for supplying Its (10) days before the ll hearing. During Section 7.12. ACCOUNTS AND
City. The Mayor sha have a vote as a
own needs for utility service or for the suspension, absence or disability REPORTS. The City Manager shall be
supplying utilit service to member of the Council. (He) and shall the chief accounting officer of The City
Y private exercise all of the City Manager, or o case City a
consumers or both. It may construct Powers and perform all vacancy in the office of the City and of every branch thereof, and the
duties conferred and imposed upon
all facilities purpose reasonably needed for Manager, the duties of (his) said office Council may prescribe and enforce
e Mayor this Y Y s charter, The
that ur and may proper accounting methods, forms,
p pose y acquire any (him) th M shall be performed by some property pope a g
existing utility properties so needed; ordinances of The City, and the laws of
qualified person designated by the blanks, and other devices consistent
but such acquisition action may only the State. (He) the Mayor shall be Council as acting manager, with the law, this charter, and the
be taken by an ordinance, (which recognized as the official head of the Section 6.02, POWERS AND ordinances adopted in accord
shall not be an emergency ordinance) City for all ceremonial purposes, by DUTIES OF THE CITY MANAGER. therewith. (He) The City Manager
approved by a majority of the electors the courts for the purpose of serving Subdivision 1, Subject to the shall submit to the Council a
voting at a general or vial civil process, and by the Governor for ,tatement each month showing the
g the purposes of martial law. (He) The Provisions Of this charter, any
election. The operation of all public Council regulations consistent amount of money in the custody of the
utilities owned by the City shall be Mayor shall study the operations of therewith, and other applicable City Treasurer, the status of all
under the supervision of the Director the City government and shall report n the part of any laws, the City Manager shall control budgeted funds, and such other in-
or Public Works: to the Council any neglect, dereliction department and direct the administration of the formation about the finances of the
office or
Section 11.04. LEASE OF PLANT. of duty, or waste e City's affairs. (He) The City City as the Council may require. Once
-The Council may, if the of the City. In Manager shalt have the powers and
public in- each year, on or before the last day of
terests will be served thereby, con- time of public danger or emergency June, the City Manager shall submit
ayor ma
(he) the M duties set forth in the following
tract with any responsible person; co- Y, with the consent subdivisions: an .audited report to file Council
partnership or corporation for the of the Council, take command of the Subdivision 2. (He) The City covering the entire financial
operation of any utility owned by the Police, maintain order and enforce the Manager shall see that this charter operations of the City for the past
City, upon such rentals and conditions law' and the laws, and resolutions of the year. Such report, or summary
as it may deem necessary; but such Section 3.02, SECRETARY OF Thereof, shall be published in the of-
COUNCIL. The City Clerk shall act as City are enforced.
contract shall be embodied in and let Y Subdivision 4. (He) The City ficial City newspaper on or before July
only by an ordinance approved by (the Secretary of the Council. (He) The 31 of each year.
Council and subject to popular Clerk shall keep a journal of Council Manager shall exercise control over Section 12.02. OATH OF OFFICE.
referendum) a majority of the electors proceedings and such other records all departments and divisions of the Every officer of the City shall, before
voting thereon, at a general or special and perform such other duties as may City administration created by this entering upon the duties of (his) the
election. (Such ordinance shall not be
be required by this charter or as the charter is by the Council.
office, take and subscribe an oath of
an emergency ordinance.) In no case Council may require. The Council Subdivision S. (He) The City office in substantially the following
shall choose such other officers and Manager shall attend all meetings of
shall such contract form "I do solemnly swear (or affirm)
a for longer the Council with the right to take
term than ten he part in the discussion, but n
years. employees as may be necessary to to su ort the Constitution of the
Section 2. The following amend serve at its meetings. in the absence of lot to United p States and of this State to
the City Clerk, the Council may vote; but the Council may in its
menis are gender and housekeeping y discretion exclude (him) the City discharge faithfully the duties
changes to the Brooklyn Center City designate any other official or em- devolving upon me as (Mayor,
Charter. y ty
(his) the Manager from any meeting at which (Councilman,) Councllmember, City
Mann r the a y (except the City removal of
the Ci
Section 2.03. ELECTIVE OF- Manager or a member of the Council) Manager is considered. Manager, etc.) of the City of Brooklyn
FICERS. The Council shall be com- to act as Secretary of the Council. Subdivision 6, (He) The City Center to the best Of my judgment and
posed of a Mayor and four (Coun Section 4.O5. WITHDRAWAL OF Manager shall recommend to the ability."
cilmen) Councilmembers who shall be CANDIDATE. Any person whose Section 12..04 OFFICIAL BONDS.
name has been presented in the Council for adoption such measures The City Manager, the City Clerk,
registered voters of Brooklyn Center, as (he)the City Manager may deem
and who shall elected at large. manner provided for in the ft necessary for the welfare of the The City Treasurer, and such other
Each (Councilman) not la
n) Councilmember section as a candidate may, not later er officers or employees of The City
than twelve (12) o'clock noon of they people and the efficient ad as may be provided for by ordinance
shall serve for a term of three (3) day after the last day for filing ministration of the City's affairs.
years. The Mayor shall serve for a y g, cause shall each before entering upon the
(his) such name to be withdrawn from Subdivision 7. (He) The City duties of (his) such respective office
term of two (2) years. (When the nomination by filing with the City Manager shall keep the Council fully or employment, give a corporate
charter is ratified, the Mayor and Clerk a request to do so in writing, and advised as to the financial condition surety bond a the City in such form
Councilmen who have been elected to no name so withdrawn shall be printed and needs of the City, and (he) shall and in such amount as may be fixed by
office under the Village form of upon the ballot prepare and submit to the Council
government shall continue in office the annual budget the Council as security for the faithful
until their term expires.) The Council Section 5.04. FILING OF PETITION performance of (his) prescribed of-
shalt be judges of the election of the AND ACTION THEREON. All the Subdivision (He) The City ficial duties and the safekeeping of the
signature papers shall be filed in the Manager shall prepare and submit
public funds. Such bonds may be
Mayor and the (Councilmen) Coun-
office of the City Clerk as one in- to the Council for adoption an ad- either individual or blanket bonds in
cilmembers, strument shall ascertain Within five (5) days after- ministrative code incorporating the the discretion of the Council. They
Section 2.OS. VACANCIES IN THE details of administrative procedure,
the filing er the petition, the a Clerk shall be approved by the City Council,
COUNCIL. The office of Mayor or ertain by examination, the and shall, from time to time, (he and approved as to form by the City
(Councilman) Councilmember shall number of registered voters whose shall) suggest amendments to such Attorney, and filed with the City Clerk,
become vacant upon (his) death, signatures are appended thereto and code. The provisions of the laws of the State
resignation, removal from office In whether This number is at least five Subdivision 9. (He) The City relating to official bonds not in-
consistent with this charter shalt be
time of
any manner authorized by law or percent (5 per cent) of the total Manager shall perform such other
forfeiture of (his) the office. The number of registered voters at the duties as may be prescribed by this complied with. The premiums charter h such
Mayor or (Councilman) Coun- c
the last regular municipal
charter or by law or required of
bonds shall be paid by the City. b
M
City the e y anager y or
cilmember shall forfeit (his) the office election. If (he) the Clerk finds the 3. This ordinance shall
bec ome Section effective
(if he) for (1) (lacks) lack at any time petition insufficient or irregular, (he) dinance or resolutions adopted by Section after publication and
during (his) the term of office of any the Clerk shall at once notify one or the Council. ninety (9 days following its adoption.
qualification for office prescribed by more of the committee of sponsors of Section 7.05. PREPARATION OF Adopted this ay of 19
a
this charter or law, (2) (violates) that fact, certifying the reasons for THE ANNUAL BUDGET. The City ORDINANCE NO.—
violation of any express prohibition of (his) such finding. The committee Manager shall prepare the estimates
this charter, (3) (is convicted) con- shall then be given thirty (30) days in for the annual budget. The budget Mayor
viction of a crime involving moral which to file additional signature shall be by funds and shall include all ATTEST:
turpitude, or (4) (fails) failure to papers and to correct the petition in all the funds of The City except the funds Clerk
attend three consecutive regular other particulars. If at the end of P that made u of proceeds of bond issues, Published in the official newspaper—
meetings of the Council without being "period the petition is found to be still public service enterprise funds, and
excused by the Council. A vacancy in insufficient in irregular, the Clerk special assessments funds, and may Effective Datc
the Council shall be filled temporarily shall (file it in his office and shall) so include any of such funds at the
by the Council and then by the voters notify each member of the committee discretion of the Council. The del (Brackets indicate matter to be
eted, underline indicates new
for the remainder of the term at the of that fact and file the oetltion as an estimates of expenditures for each matter)
next regular election unless that fund budgeted shall be arranged for (Published in the Brooklyn Center
each department or division of the Post September 18, 1980),