Public Hearing - Charter Amendment regarding publication requirements of appproved resolutions and ordinances

7:00 p.m.

A Public Hearing will be held at 7:00 p.m. for an Amendment fo the City Charter in regards to publication of approved resolutions and ordinances in the Council Chamber of the City Administration Building, 540 West Hills Circle. 

NOTICE OF PUBLIC HEARING

CITY OF OWATONNA, MINNESOTA

NOTICE OF PUBLIC HEARING ON PROPOSED

AMENDMENT TO CITY CHARTER

             Notice is hereby given that the City Council of the City of Owatonna will meet at or after 7:00 p.m. on Monday,  _April 2, 2012_ in City Council Chambers, City Administration Building, 540 West Hills Circle, Owatonna, Minnesota to conduct a public hearing on an amendment to the City Charter proposed by the City Charter Commission regarding publication requirements of approved resolutions and ordinances.  The text of the proposed amendment is as follows:

 Section 1.  Chapter IV of the Home Rule Charter of the City of Owatonna entitled “City Council” is hereby amended by amending Sections 4.6 and 4.7 thereof to read as follows:

 CHAPTER IV:  City Council  

           Section 4.6  ORDINANCES AND RESOLUTIONS.  Unless a larger majority is required under the provisions of this charter, ordinances and resolutions must be passed by an affirmative vote of a majority of all members and approved by the mayor.  An ordinance shall embrace a single subject, which shall be expressed in the title.  The enacting clause shall be as follows:  “The City Council of the City of Owatonna Do Ordain”.  No ordinance shall be passed at the same meeting at which it is presented, or at any but a regular meeting or an adjournment thereof.  Within forty-eight (48) hours after adoption, the city clerk shall present each ordinance or resolution to the mayor.  If the mayor approves, he/she shall sign the same.  Otherwise, the mayor shall return the same to the city clerk with objections thereto.  The vetoed resolution or ordinance shall be presented to the city council at its next regular meeting thereof.  If upon reconsideration the city council shall pass the same by five-sevenths vote of all members thereof, it shall be in force and effect without approval by the mayor.  If an ordinance or resolution is not returned by the mayor within seven (7) days after it was presented, Sundays and legal holidays excepted, it shall be in effect without approval.  All ordinances and resolutions, with the affidavit of publication, shall be recorded by the city clerk in a separate book.  Every ordinance together with the affidavit of publication as provided in Section 4.7 and every resolution shall be recorded by the City Clerk in a separate book.  The record of any ordinance or resolution or a duly certified copy of the record shall be evidence of passage, approval, and publication.  Resolutions need not be published unless otherwise required by law or unless publication is requested by the Mayor or two council members.

            Section 4.7.  OFFICIAL NEWSPAPER – PUBLICATION – ORDINANCE CODE.  At its first regular meeting each year, the city council shall designate a newspaper of general circulation in the City as the official paper for publication of all matters required by law to be published and no ordinance or and no resolution which is required to be published shall be in effect until published therein, provided that a recodification of existing ordinances may be made under the direction of the city attorney, and such ordinance code, when certified by the city attorney to be a recodification of existing ordinances, shall be filed with the city clerk and shall be in full force and effect without publication.  In the case of lengthy ordinances or resolutions required to be published under Section 4.6, the city council may by a vote of a majority of its council members direct that only the title of the ordinance and summary be published, conforming to Minnesota Statutes Section 331A.01, subdivision 10 as now enacted or hereinafter amended.  Such summary statement shall also contain a notice that the entire text of the ordinance is available for inspection at the Office of the City Administrator, and posted on the official bulletin board at the City Administration Building and also available at the city library, and at any other public location which the city council may designate.  Prior to its publication the title and text of the summary shall be approved by the city council upon determination by the council that the summary clearly informs the public of the intent and effect of the ordinance.

 UNDERLININGINDICATES NEW LANGUAGE.  STRIKEOUTS INDICATE DELETIONS.

 Persons wishing to be heard on the question may attend and testify at the hearing or to submit written comments prior to or at the hearing.

 Dated:  __March 6, 2012_____________

 CITY COUNCIL OF THE CITY OF OWATONNA 

  By:  /s/ Kris M. Busse, City Administrator/City Clerk