HomeMy WebLinkAboutCity Council Ordinance 2024-11 CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2024-11
ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER
PREAMBLE
WHEREAS, pursuant to Minn. Stat. 410.12, Subd. 7 the Charter Commission has recommended
to the City Council that the Charter be amended as provided herein; and
WHEREAS, Minn. Stat.410.12, Subd. 7 provides that upon recommendation of the Charter
Commission the City Council may enact a Charter Amendment by ordinance.
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter 2, Section 2.05 of the City Charter is amended, with existing text,
, and as follows:
Section 2.05.—Wards.
The city is divided into four separately numbered wards corresponding generally to four
geographic quadrants of the city. Review of the wards must be made by the council and the
wards reapportioned no later than two years after the year in which a federal census is taken so
that the population of the wards are as equal as practicable. A ward must be composed of
compact and contiguous territory. A change in ward boundaries does not disqualify a council
member from serving the remainder of a term. Reapportionment is by ordinance. If the council
does not reapportion within the period prescribed,the mayor and council members forfeit all
remuneration until the wards of the city are reapportioned as required by this section.
initial wards of the city are those described in section 12.13.
The wards of the city are described as follows:
Ward 1. Precincts 1, 2, 3,4, 5
Ward 2. Precincts 6, 7, 8, 9, 10
Ward 3. Precincts 11, 12, 13, 14, 15, 16
Ward 4. Precincts 17, 18, 19, 20, 21
These precincts shall be described by resolution of the council.
SECTION 2. Chapter 2, Section 2.07 of the City Charter is amended, with existing text,
deleted text, and as follows:
Section 2.07.—Council Vacancies.
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A vacancy in an elective office exists for the reasons specified by law.
When a vacancy occurs for a reason specified,the council shall, at its next regular meeting, by a
resolution stating its findings, declare the vacancy to exist. When a vacancy exists, the council
must forthwith appoint an eligible person to fill the vacancy until the next regular municipal
election when the office is filled for the unexpired term. If the Council does not appoint an
eligible person within 60 days after the vacancy is declared, the Mayor shall appoint an eligible
person to fill the vacancy on or before the next regular council meeting. If a vacancy occurs and
exists in an elective office after the closing last day for filing affidavits of candidacy for that
office,the person elected to fill that office is deemed to have been appointed for the unexpired
term.
SECTION 3. Chapter 3, Section 3.11 of the City Charter is amended,with existing text,
deleted text, and new text as follows:
Section 3.11.—Revisions and Codification of Ordinances.
The council may, pursuant to this section and law, revise, rearrange and codify the ordinances of
the city with the additions and deletions found necessary by the council.The ordinance code
may be prepared in book, pamphlet or continuously revised loose leaf form online. Copies of
the code must be kept available at the office of the city clerk for general distribution to the
public free or at a reasonable charge. Preparation of the code is sufficient publication of an
ordinance provision not previously published if a notice is published in the official newspaper
stating that copies of the code are available at the office of the city clerk.
SECTION 4. Chapter 5,Section 5.02 of the City Charter is amended,with existing text,
deleted text, and new text as follows:
Section 5.02.—Contributions; Reporting.
Subd. 1. Reporting.A committee or organization proposing, promoting, or opposing an initiated
ordinance or an ordinance that is the subject of a referendum must file a report with the city clerk in the
manner prescribed by law. showing (i)total contributions received, and (ii)the name and address of a
person who contributed a total amount in excess of$63, as adjusted, in a period consisting of 365
consecutive days.The report must be filed not later than 60 days after the date of a r mor
initiative election.
Subd. 2. Penalty.Violation of This Section is a Misdemeanor.
SECTION 5. Chapter 5, Section 5.07,Subd.4 of the City Charter is amended,with
existing text,deleted text, and new text as follows:
Subd.4.Withdrawal of Petitions. A petition for initiative or referendum may be
withdrawn at any time before the 60th day 90 days preceding the date scheduled for the
election on the ordinance by filing with the clerk a request for withdrawal signed by at least four
members of the petitioners'committee. If the request is filed,the petition has no further force
or effect,and all proceedings thereon are terminated.
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SECTION 6. Chapter 7, Section 7.09 of the City Charter is amended, with existing text,
deleted text, and new text as follows:
Section 7.09—Disbursements.
Except for payments which may be made by wire transfer or credit card, disbursements of city
funds exceeding$63, as adjusted by section 12.14, must be made by check bearing the manual
or facsimile signature of the mayor,the city manager and the chief financial officer.The city
manager must institute safeguards to ensure that checks payments are issued only by
authorized individuals,for properly authorized public purposes and in compliance with this
charter.The safeguards must also ensure that disbursements under$63, as adjusted by section
12.14, are approved by persons authorized by the city manager. Each check payment must
specify the purpose for which the disbursement is made and the fund from which it is drawn,or
a check payment register must be prepared which contains this information. A check payment
may not be issued until the claim to which it relates has been supported by an itemized bill,
payroll,or time-sheet approved and signed by the responsible city officer or authorized city
employee who vouches for its correctness and reasonableness.The council may by ordinance or
resolution make further regulations for the safekeeping and disbursement of city funds. For
checks payments other than employee wage and expense reimbursement payments, an
accompanying check payment register must specify the purpose of each disbursement and the
fund from which it is drawn.
SECTION 7. Chapter 7, Section 7.14 of the City Charter is amended,with existing text,
deleted text, and new text as follows:
Section 7.14.—Community Improvement Fund.
Subd. 1. Sources.The council must create and maintain a separate fund and designate it as the
community improvement fund. Into this fund are deposited the following:
(a) Surplus money from the various special assessment funds that remain after the costs of
each improvement project have been fully funded and bonds issued for the project paid
or defeased, and which money has not been transferred to another separate
improvement fund;
(b) Collections of special assessments received after an improvement project has been fully
funded and bonds issued for the project paid or defeased;
(c) Investment earnings generated by the money in the fund; and
(d) Any other money appropriated by the council or donated to the city for the purposes of
the fund.
The principal of the fund consists of the sources above. In addition,the principal will be adjusted up or
down annually by an amount equal to 10%of investment earnings generated by the fund in the previous
year.The remaining investment earnings will not accrue to the principal and will forever be treated as
investment earnings available for expenditure in accordance with this section.
Subd. 2. Uses. Expenditures from the fund may be made only for items of a capital nature.The
council must by ordinance provide a procedure for expenditures from the fund.The ordinance
must provide that the principal, as defined above, of the fund may be expended (i) only if the
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expenditure is a loan that must be repaid, or(ii) if no further expenditures are made from the
fund until the principal has been restored to its previous amount plus ten percent of the
earnings that would have been generated on the principal at the previous amount.The
ordinance must also provide that the total amount of principal used may not exceed an amount
equal to the fund's actual investment earnings from the two calendar y ars prior to the
expenditure 50%of the principal balance.The council may alter or remove these restrictions on
using principal, but only upon at least five affirmative votes.The ordinance is not subject to
referendum or initiative.
council may not make an expenditure from the fund in excess of$3,782,991, adjusted as
provided in section 12.14, for a specific purpose unless the question of making the expenditure
has been approved by a majority of the votes cast in a regular or special election.
SECTION 8. Chapter 12, Section 12.13 of the City Charter is amended, with deleted text
as follows:
Section 12.13. Special Transitional Matters.
Subd. 1. Wards.The wards of the city are described as follows:
Ward 1. Precinct Nos. 1, 2, 3, 4, 5
Ward 2. Precinct Nos. 6, 7, 8, 9, 10
Ward 3. Precinct Nos. 11, 12, 13, 14, 15, 16
Ward 4. Precinct Nos. 17, 18, 19, 20, 21
These precincts are described in Resolution 2022 101.
Precincts are those established by council resolution and existing as the effective date of this
charter. The council may not modify precinct boundaries prior to December 31, 1993, unless
required by law or court decision.
SECTION 9. Chapter 12,Section 12.14 of the City Charter is amended, with deleted text
as follows:
Section 12.14. Adjustments.
The monetary limits in sections 4.05, 5.02, Subdivision 1, 7.09 and 7.14 are to be adjusted
upward or downward in each year ending in zero by application of a consumer price index
published by an appropriate agency of the United States government for the Minn apolis/St.
selected by the city council.The amount of the adjustment must be certified by the clerk to the
city council prior to December 31 of the year in which the calculation of the adjustment is made.
SECTION 10. Effective Date.This ordinance shall take effect ninety(90)days after its passage and
publication.
ADOPTED by the City Council on this 9th day of April, 2024.
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Jeffry Wosje, Mayor
ATTEST:
4 C94,121 _,---:>_'
Jodi .Gallup,City Clerk