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HomeMy WebLinkAbout2015-03 04-02 APAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ssCOUNTY OF HEN NEPIN Charlene Void being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 04/02/2015 and the last insertion being on 04/02/2015. By Authorized Agent Subscribed and sworn to or affirmed before me on 04/02/20 15. Notary Public WWANWJW\W,DW3I1 MA}IIE MAOPHERSON JJ Notary PubIic-Mnnesota My Oømmts,iofi plre Jwi 31, 2016 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 368375 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2015-03 AN ORDINANCE AMENDING CHAPTERS 2, 4, 5, 6, AND 9 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.05B PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND (c), AND 9.04 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2, Section 2.05a of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION. If the unex- pired term of the council vacancy is one year or longer, or if the un- expired term of the Council vacancy is less than one year and the Coun- cil chooses not to fill the vacancy through the appointment process, a special election shall be called by the Council or by the City Clerk if the Council fails to act within thirty (30) days of the occurrence of the vacancy. The pg) election will aball be held not sooner than fety (90) days and not later than one two hundred twenty (120) days following the occurrence of the vacancy. Except as provided in this Section and to be otherwise governed by the provisions of See- tion4.03-Speeial-Eleeftoiss of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as practicable. If more than two candi- dates file for the unexpired term, e primary election shall be held. SeSection 2. Chapter 2, ction 2.05b, paragraph 5 of the City Char- ter of the City of Brooklyn Center is hereby amended as follows: 5. If the Council pursues the ap- pointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will aball be held not sooner than one hundred five (105) days and not later than one two hundred thirty five (135) days following the occurrence of the vacancy. Except as provided ilLlbisSection and t&-be otherwise governed by the provisions of Sec- tion4.03, Special Elections of the City Charter, all of the provisions of the Minnesota election law are applicable to the election as far as If-more than two candi- dates file for the unexpired term, a primary election shall be-hel& Section 3. Chapter 4, Sec- tion 4.06 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 4.06. CANVASS OF ELECTION. The Council shall meet and canvass the election returns third (3rd) and the tenth (10th) day after any regular, primary or special election, and shall make full decla- ration of the results as soon as pos- sible, and file a statement thereof with the City Clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective bal- lots; (c) the true vote for each can- didate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (a) the names of the judges and clerks of election; and such other infor- mation as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council shall de- termine the result by lot. The City Clerk shall be the final custodian of the ballots. Section 4. Chapter 5, Sec- tion 5.01 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 5.01. POWERS RE- SERVED BY THE PEOPLE. The people of Brooklyn Center reserve to themselves the powera, in ac- cordance with the provisions of this charter, to initiate and adopt any ordinance, except an ordinance ap- propriating money or authorizing the levy of taxes, and to require such an ordinance when passedadQpIed by the Council to be referred to the reg- istered voters for approval or disap- proval. These powers shall be called the initiative and referendum. Section 5. Chapter 6, Section 6.02, Subdivision 3, paragraph (b) of the City Charter of the City of Brooklyn Center is hereby amended as follows: (b) The [ire Chief shell be ap- pointed from the members of the [ire Department. Procedures for the appointment, suspension and removal of the [ire Chief shall-be-set forth in paragraph (a) of this Subdi- Section 6. Chapter 6, Section 6.02, Subdivision 3, paragraph (c) of the City Charter of the City of Brooklyn Center is hereby amended as follows: Fire Department shall be by the [ire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the [ire Department shall be by the [ire Chief with the prior approval of the City Manager. A " promotions, sus pensions-arid removals of [ire De- partment members shall be on the basis of merit and fitness and upon the provisions-el-all applicable ordi nenecs. Section 7. Chapter 9, Sec- tion 9.04 of the City Charter of the City of Brooklyn Center is hereby amended as follows: Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dis- miss all or part of the property being acquired in a condemnation pro- ceedings-so-long as the dismi3sal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been-tken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the con- demnee including attorney's fees. Section 8. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this 23rd day of March 2015. Mayor Tim Willson ATTEST. City Clerk Sharon Knutson Date of Publication: April 2, 2015 Effective Date: July 1, 2015 (8+6keetsf indicates matter to be deleted, do biaiintiarlina indicates new matter.) 4/2/15, 3SP1, Ordinance 2015-03, 368375