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HomeMy WebLinkAboutOrdinance 1280~ING ~ ORDINANCE MENDING CHAPTER 5, BECTIONB 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTB PERTAINING TO INITIATIVE ~ REFERENDU~ PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measures shall consist of the ~-sure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance (or resolution, as the case may be) to . (stating the purpose of the measure), a copy of which ordinlnce (or resolution) is hereto attached. This measure is sponsored by the following committee of electors: NAME ADDRESS The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty 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 the same and shall notify each member of the committee of the fact. 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 measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the measure". If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting =he ~'ight of the electors under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty percent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to . . . (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER INITIATIVE, REFERENDUM AND REC/tLL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require mea~e~e ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed cnc four hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee member, at their sole discretion and at no charqe to said committee member. may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF M~A6%qR~ ORDINANCES. Any five el=ct=rs reqSstered voters may form themselves into a committee for the initiation of any mca=urcs ordinance of public concern. After formulating their m=a=urc ordinance they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed mca~urc ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circulatinq any Detition. they sha~l submit to the city attorney a copy of the proposed ordinance, and the city attorney shall approve same as to form only and not as to content, or put it ~nto a form which is leqally sufficient for the purDose intended. Shall the city attorney fail to take such action within ten days from the date on which the proposed ordinance is submitted to the city attorney, such proposed ordinance shall be deemed legally sufficient and a verified copy thereof shall be filed with the city clerk, together with the ;.a;r, es and addresses of the members of such committee. section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any meee~a~e ordinance shall consist of the ~g~I~!~D~_9, together with all the signature papers and affidavits thereto attached.' Such petition shall not be complete unless signed by a number of ~ voters equal to at least ~ ten per cent of the total number of votes cast at the last preceding regular municipal election or 700 signatures, whichever is greater. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing ordinance ' ...... ~"'~ .... ~" ......... =A, to . (stating the purpose of the mcasurc ordinance), a copy of ~hich ordinance (ct -c=- u-~cn . _i ~. .) is hereto attached. This mcasurc ordinance is sponsored by the following committee of ¢Icctcr= registered voters: NAME ADDRESS The undersigned ~ registered voters, understanding the terms and the nature of the ~ ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit snail be in substantially the following form: State of ) )ss County of ) being duly sworn deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Subscribed and sworn to before me this day of , 19 (Signature of Circulator) (Signature of Notary Public) Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of clcctcr~ reqistered voters whose signatures are appended thereto, and whether this number is at least t=we~ ten percent of the total number of clcct~r~ reqistered voters who cast their votes at the last preceding regular municipal election or 700 siqnatures, whichever is qreater. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty 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 the same and shall notify each member of the committee of the fact. 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 mca-urc~ ordinance to the ~IA cctc-~ electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall -7- at once read the mcasurc ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the mca=urc ordiDaDce, after the holding of which the mca=utc ordinance shall be finally acted upon by the council not later than sixty-five days after the date upon which such mca=utc ordinance was submitted to the council by the city clerk. If the council shall fail to pass the proposed mca~urc ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed mcasurc ordinance shall be submitted by the council to vote of the clcctcrs electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed mcasurc ordinance with amendments and at least four- fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the mcasurc ordinance need not be submitted to the clcctcrs electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed mcasurc ordinance shall state the substance thereof, and shall give the registered voter the opportunity to vote either "For the ~ ordinance" or "Against the ~casurs ordinance". If a majority of the clcctcrs reqis~ered voters voting on any such ncasurc ordinance shall vote in favor thereof, it shall thereupon become an ordinance or ~_wvl-'.icn_~ of the city as the case may be. Any number of proposed maas'arcs ordinances may be voted upon at the same election, but in case there shall be more than one, the reqistered voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the e4~=~me electorate under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance of the council takes effect a petition signed by q~f~e~ electors reqistered voters of the city equal in number to t-we~ ten percent of the total vote at the last regular mu~iciDal election or 700 siqnatures, whichever is qreater, be filed with the city clerk requesting that any such mcasurc ordinance, or any part thereof, be repealed or be submitted to a vote of the clsctsrs electorate, the said mea~=e ordinance shall thereby be prevented from going into operation. The council shall thereupon reconsider the said mca=utc ordinance at its next regular ~Ling, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the meee~{~e ordinance as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the reqistered voters voting thereon are opposed to the mca=utc ordinance, it shall not become effective; but if a majority of the voters voting thereon favor the mca=urc ordinance, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of maa=urc~ ordinaDces and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance,~' ...... ~_~..,~"~ .... ~ ~...~ ........~ ...~= -~=~', to . . . (stating the purpose of the mc~=u-c. _ ~ ordinance), a copy of which ordinance~' ...... ~--~.-.~_..,~"~-' is hereto attached. This maas-arc ordinance is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: June 9. 1997 June 23, ~997 June 23. ~997 Offered By: Seconded By: Roll Call: Jones Ruettimann A] ] ayes  o$~ph/Sturdevant, Mayor JO-Anne Student, '~o~a-nci Secretary -9-