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Home My WebLink About1362 - ADMIN Ordinance - City Council - 1977/02/07ORDINANCE NO. 1362 AN ORDINANCE AMENDING SECTIONS 2.05 4.03 AND 4.04 OF THE ST, LOUIS PARK HOME RULE CHARTER THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 2.05, 4.03 and 4.04 of the Home Rule Charter of the City of St. Louis Park are amended to read as follows: Section 2.05. Vacancies in the Council. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilman from his ward, continuous absence from the City for more than three months, or conviction of a felony, of any such person whether before or after his qualification, or by reason of the failure of any councilman without good cause to perform any of the duties of membership in the Council for a period of three months. In each such case, the Council shall forthwith by resolution declare such vacancy to exist and appoint an eligible person to fill the vacancy. The term of the person so appointed shall extend to the first Monday after the first Tuesday in the month of January next following appointment, provided that if such vacancy occurs less than 120 days prior to the next regular City or State election, and the unexpired term extends more than one year, the term of the person so appointed shall extend to the first Monday after the first Tuesday in January of the second year following the vacancy. If such a vacancy occurs 120 days or more prior to a regular City election, the office so declared vacant shall be filled at the next regular City election, and if such a vacancy occurs 120 days or more prior to a regular State election, the Council shall call a special election to be held concurrently with the State primary and general elections within the City, if the office is Mayor or Councilman at Large, and within the ward affected, if the office is a Ward Councilman, for the purpose of electing an eligible person to fill the unexpired term following expiration of the term of the person appointed by the Council in the interim. Section 4.03. Primary Elections. The Council shall, whenever three or more candidates have filed for any city wide office, or for councilman of any ward, or wards, provide through ordinance or resolution for a primary election to be held, city wide or in any particular ward, or wards, and such primary election shall be held on the Tuesday six (6) weeks prior to the general city election. At least fifteen days notice shall be given by the Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one public place in each voting precinct where the election is held, and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. Section 4.04. Special Elections. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three weeks published r notice be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections except as otherwise provided for in Section 2.05 of this charter. Adopted by the City 3;uncil February 7, 1977. Attest: Reviewed for administration: 11, May Approved as to form and legality: 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duphcate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretaiy of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1362 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Orie successive weeks, that it was first so published on Wed -the 16 day of February 19 77 and was thereafter printed and published on every to and including the day of , 19— and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghi)klmnopgrstuvwxyz Subscribed and sworn to before me Ulla 17 day of February MURIEL L. QIIST NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm Expires July 28, 1978 , 19 77 (Official Publication) ORDINANCE NO 1362 AN ORDINANCE AMENDING SECTIONS 205, 403 AND 404 OF THE ST LOUIS PARK HOME RULE CHARTER THE CITY OF ST LOUIS PARK DOES ORDAIN Section 2 05, 403 and 404 of the Home Rule Charter of the City of St Louis Park are amended to read as follows Section 2 05 Vacancies In the Council A vacancy in the Council shall be deemed to exist Meese of the failure of any person elected thereto to quality on or before the date of the second regular meeting of the new - Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a H. ward councilman from his ward, con-' tinuous absence from the City for more than three months, or convic- .tton of a felony, of any such person whether before or after his qualifica- tion, or by reason of the failure of any councilman without good cause to perform any of the duties of member- ship in the Council for a period of three months In each such case, the Council shall forthwith by resolution declare such vacancy to exist and ap- point an eligible person to fill the va- cancy The term of the person so ap- pointed Shall extend to the first Mon- day after the first Tuesday in the month -of January next,following ap-. pointment; provided that if such vac- ancy occurs less than 120 days prior to the next regular City or State elec- tion, and the unexpired term extends more than one year, the term of the persob'so appointed shall extend to the fust Monday after the first Tues- day,m Januaryof the second yearfol- lowingthe vacancy If such a vac- ancy'occurs 120 days,or more prior to a regular City election, the office so declazed vacant shall be'filled at the next regular.City election, and if such a vacancy=oc/Fiirs 120 days or more prior to a regular State election, the Council shall call a special election to be held concurrently' with the State primary and general elections within the City, if the office is Mayor or Councilman at Large, and within the ward affected, if the office is a Ward Councilman, for the purpose of elect- ing an ehgible person to fill the unex- pired term following expiration of the term of the person appointed by the Council in the mtenm Section 4 03 Primary Elections. The Council shall, whenever three or more candidates have filed for any city wide office, or for councilman of any ward, or wards, provide through ordinance or resolution for a primary election to be held, city wide or in any particular ward, or wards, and such primary election shall be held on the Tuesday six (6) weeks prior to the general city election At least fifteen days notice shall• be given by the Clerk of the time and places of hold- ing such election, and of the officers to be elected, by posting a notice thereof in at least one public place m each voting precinct where the elec- tion is held, and by publishing a ' notice thereof at least once in the offi- cial newspaper of the City, but failure to give such notice shall not mvah- date such election Section 404 Special Elections The Council may by resolution'brder'a special elSction, fix the time of hold - mg the same, and provide alLmeans for holding such special electibn,•ppro- vided that three weeks+pubiished notice be mei] of said special elec- tion The procecltire at•suchrelections ' shall confothfasmearly as poisible to: that herein provided for other muruc- ipah elections except as' otherwise provfdedAor"'in Section 205 of thls cflarten.<< ,opie Md by the City Council Feb- ruary 7, 1977 (s) IRVING M STERN Attest Mayor - (s) EARL E HANSON City Clerk -- Reviewed for adnurustration (s) CHRIS CHERCHES City Manager approved as to form and legality (s) WAYNE G POPHAM City Attorney (Feb 16, 1977)—SLP-GV File No Affidavit of Publication ST LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of # 0 •