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HomeMy WebLinkAbout1980-09 11-03 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 80 -9 AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapters 2, 3, 4, 5, 6, 7, 11 and 12 of the Brooklyn Center City Charter are hereby amended as follows: 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 the expiration of [his] the member's term or the member's resignation as Mayor or [Councilman] Council- member, 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 Section 2.05. Section 2.04b. PRIVATE EMPLOYMENT'. No former Mayor or Councilmember may, within one (1) year after leaving the position, appear or participate in proceedings before the Council except to represent the former member's own personal interests as a private citizen of the City of Brooklyn Center. Section 3.01. COUNCIL MEETINGS. On the first business day of January following a regular municipal election, the Council shall meet at the usual place and time for the holding of Council meetings. At this time, the newly elected members of the Council shall assume their duties. Thereafter, the Council shall meet at such times each month as may be prescribed by ordinance or resolution. The Mayor or any two members of the Council may call special meetings of the Council upon at least [twelve hour's] twenty -four (24) hour's written notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left at his usual place of residence with some respon- sible person. All meetings of the Council shall be [public] in compliance with the Minnesota Open Meeting Law, and any records thereof shall be made available at all reasonable times. Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. Except as otherwise provided in this charter, all legislation shall be by ordinance. The aye and no vote and abstentions on ordinances, resolutions and motions shall be recorded. An affirmative vote of a majority of all the members of the Council shall be required for the passage of all ordinances and resolutions, except as otherwise provided in this charter. ORDINANCE NO. gp_g Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances shall be in the words "City of Brooklyn Center does ordain Every ordinance shall be presented in writing. No ordinance except an emergency ordinance shall be passed at the meeting at which it is introduced, and at least seven (7) days shall elapse between its introduction and its final passage. Every ordinance, other than an emergency 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 municipal election shall be held on the first Tuesday after the first 14onday in November of each year at such place or places as the City Council may designate. The City Clerk shall give at least two (2) weeks' previous notice of the time and place of holding such election and of the officers to be elected and such other matters to be voted upon by posting in at least one public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election. Section 4.03. SPECIAL ELECTIONS. 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 PETITIONERS. No member of any initiative, or referendum committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary, or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring expenses for legal advice, stationery, copying, printing, advertising and notaries' fees. The committee, at least five (5) days before the election, shall file with the City Manager a financial state- ment verified by a member of the committee, which shall show in itemized detail, all receipts, with t1e source thereof, and all disbursements and all obligations to make disbursements. Any violation of the provisions of this [section] paragraph shall constitute a misdemeanor. 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 [410.31] 410.12 Subdivision 7 Charter Amendment by Ordinance [Subdivision 1. As an alternative to the amend- ment methods provided in section 410.12, a home rule charter may be amended as provided in this section. I ORDINANCE NO. 80 -9 Subd. 2. 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 Subd. 3. 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 voters cast in the city at the last state general election or 2000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments sub- mitted 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. Subd. 4. As far as practicable the requirements of section 410.12 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. Laws 1967, Ex.Sess.,c. 33, sec. 3, eff. July 1, 1967.1 Subd. 7. Amendment by ordinance. Upon recommen- dation 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 amend- ment 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. ORDINANCE NO. 80 9 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 percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within 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) subdivisions l through 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 6.05. PURCHASES AND CONTRACTS. [The City Manager may make or let contracts for the purchase of merchan- dise, materials or equipment, or any kind of construction work when the amount of such contract does not exceed one thousand dollars ($1,000.00). If such contract exceed the last stated amount but is less than twenty -five hundred dollars ($2,500.00), same may be made or let by the City Manager after first obtaining the approval of the City Council. All other purchases shall be made and all other contracts let by the Council after the recom- mendation of the City Manager has first been obtained.] The City Council shall by resolution, establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Section 6.06. CONTRACTS: HOW LET. Every contract for the purchase of [merchandise] supplies, materials, equipment or the rental thereof, or [for any kind of construction work where the amount involved is more than twenty -five hundred dollars ($2,500.00) shall be let only by the Council upon the recommendation of the City Manager to the lowest responsible bidder, unless the Council shall otherwise provide by resolution adopted by a vote of a majority of the Council and published once in the official legal newspaper of the City. The Council may, however, reject any and all bids. Nothing contained'in this section shall prevent the Council from contracting by a four fifths (4/5) vote for the doing of work with patented processes, or from the purchasing of patented appliances by the same majority.] the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the ORDINANCE NO. 80 -9 Uniform Municipal Contracting Law, M.S.A. Section 471.345. Subject to the provisions of this charter, the Council may by [ordinance] resolution adopt further regulations for the making of bids and the letting of contracts. 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 con- sumers 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, [which shall not be an emergency 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. Section 11.04. LEASE OF PLANT. The Council may, if the public interests will be served thereby, contract with any responsible person, co- partnership or corporation for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by [the Council and subject to popular referendum] a majority of the electors voting thereon, at a general or special.election. [Such ordinance shall not be an emergency ordinance.] In no case shall such contract be for a longer term than ten (10) years. Section 2. The following amendments are gender and housekeeping changes to the Brooklyn Center City Charter. Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four [Councilmen] Councilmembers who shall be registered voters of Brooklyn Center, ana wno snail be elected at large. Each [Councilman] Councilmember shall serve for a term of three (3) years. The Mayor shall serve for a term of two (2) years. the charter is ratified, the Mayor and Councilmen who have been elected to office under the Village form of government shall continue in office until their term expires.] The Council shall be judges of the election of the Mayor and the [Councilmen] Councilmembers. Section 2.05. VACANCIES IN THE COUNCIL. The office of Mayor or [Councilman] Councilmember shall become vacant upon [his] death, resignation, removal from office in any manner authorized by law or forfeiture of [his] the office. The Mayor or [Councilman] Councilmember shall forfeit [his] the office [if he] for (1)[lacks] lack at any time during [his] the term of office of any qualifi- cation for the office prescribed by this charter or bylaw, (2) [violates] violation of any express prohibition of this charter, (3)[is convicted] conviction of a crime involving moral turpitude, or (4) [fails] failure to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy ORDINANCE NO. 80-9 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 shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days and not later than one 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) 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 member- ship to three (3). 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 president pro tem who shall hold office at the pleasure.of the Council 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 [.He] and shall exercise all powers and perform all duties conferred and imposed upon [him] the Mayor by this charter, the ordinances of the City, and the laws of the State. [He] 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 law. [He] 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 or department of the City. In time of public danger or emergency [he] 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 shall act as Secretary of the Council. [He] 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 4.05. WITHDRAWAL OF CANDIDATE. Any person whose name has been presented in the manner provided for in the foregoing section as a candidate may, not later than twelve (12) o'clock noon of the day after the last day for filing; cause [his] such name to be withdrawn from nomination by filing with the City Clerk a request to do so in writing, and no name so withdrawn shall be printed upon the ballot. ORDINANCE NO. 80 -9 Section 5.05. FILING OF PETITIOA AND ACTION THEREON. All the signature papers shall be filed in the office of the City Clerk as one instrument. Within five (5) days after the filing of the petition, the City Clerk shall ascertain by examination, the number of registered voters whose signatures are appended thereto and whether this number is at least five percent (50) of the total number of registered voters at the time of the last regular municipal election. If [he] the Clerk finds the petition insufficient or irregular, [he] the Clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for [his] such 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 Clerk shall [file it in his office and shall] so notify each member of the committee of that fact and file the petition as an official City record. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular or special election. Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the City [.He] and shall be chosen by the Council solely on the basis of [his] training, experience, and administrative qualifications. The choice shall not be limited to inhabitants of the City or State [but he] The City Manager shall be a citizen of the United States and [The City Manager] shall be appointed for an indefinite period [and he] The City Manager shall be removable by the Council at will, provided however, that if removed at any time after one year of service, [he] the City Manager may within fifteen (15) days after [his] such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend [him] the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished [him] to the City Manager by the Council at least ten (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of [his] said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws, the City Manager shall control and direct the administration of the City's affairs. [He] The City Manager shall have the powers and duties set forth in the following subdivisions: Subdivision 2. [He] The City Manager shall see that this charter and the laws, and resolutions of the City are enforced. ORDINANCE NO. 80 -9 Subdivision 4. [He] The City Manager shall exercise control over all departments and divisions of the City administration created by this charter or by the Council. Subdivision 5. [He] The City Manager shall attend all meetings of the Council with the right to take part in the discussion, but not to vote; but the Council may in its discretion exclude [him] the City Manager from any meeting at which [his] the removal of the City Manager is considered. Subdivision 6. [He] The City Manager shall recommend to the Council for adoption such measures as [he] the City Manager may deem necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 7. [He] The City Manager shall keep the Council fully advised as to the financial condition and needs of the City, and [he] shall prepare and submit to the Council the annual budget. Subdivision 8. [He] The City Manager shall prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure, and shall, from time to time [he shall] suggest amend- ments to such code. Subdivision 9. [He] The City Manager shall perform such other duties as may be prescribed by this charter or by law or required of [him] the City Manager by ordinance or resolutions adopted by the Council. Section 7.05. PREPARATION OF THE ANNUAL BUDGET. The City Manager shall prepare the estimates for the annual budget. The budget shall be by funds and shall include all the funds of the City except the funds made up of proceeds of bond issues, public service enterprise funds, and special assessments funds, and may include any of such funds at the discretion of the Council. The estimates of expenditures for each fund budgeted shall be arranged for each department or division of the City. The budget shall show the income and expenditures classified in accordance with generally accepted accounting principles. The City Manager shall submit with the estimates such explanatory statements as [he] the City Manager may deem necessary, and under this charter, [he] the City Manager shall interpret this section as requiring comparisons of the City's finances with the two previous budgets of this municipality. Section 7.07. ENFORCEMENT OF THE BUDGET. It shall be the duty of the City Manager to enforce the provisions of the budget as specified in the budget resolution. [Hie] The City Manager shall not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the ORDINANCE NO. 80 -9 liability to be incurred. No officer or employee of the City shall plane any orders or make any purchases except for the purposes authorized in the budget. Any obligation incurred by any person in the employ of the City for any purpose not in the approved budget or for any amount in excess of the amount appropriated in the budget resolution or in excess of the available monies in any fund of the City may be considered 'a personal obligation upon the person incurring the expenditure. Section 7.12. ACCOUNTS AND REPORTS'. The City Manager shall be the chief accounting officer of the City and of every branch thereof, and the Council may prescribe and enforce proper accounting methods, forms`, blanks, and other devices consistent with the law, this charter, and the ordinances adopted in accord therewith. [He] The City Manager shall submit to the Council a statement each month showing the amount of money in the custody of the City Treasurer, the status of all budgeted funds, and such other information about the finances of the City as the Council may require. Once each year, on or before the last day of June, the City Manager shall submit an audited report to the Council covering the entire financial operations of the City for the past year. Such report, or summary thereof, shall be published in the official City newspaper on or before July 31 of each year. Section 12.02. OATH OF OFFICE. Every officer of the City shall, before entering upon the duties of [his] the office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this State to discharge faithfully the duties devolving upon me as (Mayor, [Councilman,] Councilmember, City Manager, etc.) of the City of Brooklyn Center to the best of my judgment and ability Section 12.04. OFFICIAL BONDS. The City Manager, the City Clerk, the City Treasurer, and such other officers or employees of the City as may be provided for by ordinance shall each before entering upon the duties of [his] such respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of [his] prescribed official duties and the safekeeping of the public funds. Such bonds may be either individual or blanket bonds in the discretion of the Council. They shall be approved by the City Council, and approved as to form by the City Attorney, and filed with the City Clerk. The provisions of the laws of the State relating to official bonds not inconsistent with this charter shall be complied with. The premiums on such bonds shall be paid by the City. Section 3. This ordinance shall become effective after publication and ninety (90) days following its adoption. Adopted this 3rd day of November 19 80 ORDINANCE NO. 80 -9 May ATTEST: �Cl e k Published in the official newspaper October 16. 1980 Effective Date February 1, 1981 (Brackets indicate matter to be deleted, underline indicates new matter) (Published in the Brooklyn Center Post September 18, 1980) (Notice of Ordinance Adoption published in the Brooklyn Center Post November 13, 1980)