ORDINANCE NO. 178, 2ND SERIES

ORDINANCE NO. 178, 2ND SERIES

AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, REMOVING CERTAIN
EXISTING SECTIONS OF THE CITY CHARTER AND ADOPTING
REVISED SECTIONS OF THE CITY CHARTER

THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, ORDAINS:

           WHEREAS
, the original City Charter was formally adopted March 21, 1949, and the existing City Charter was adopted effective on June 20, 1984, and as amended; and  

         WHEREAS, in 2019, the Charter Commission, composed of Windom residents appointed by the Windom City Council and Order of Appointment by the Fifth Judicial District Court of Cottonwood County, dated March 21, 2018, researched the existing City Charter and suggested potential revisions to amend the existing Charter; and

          WHEREAS, the proposed Windom City Charter Amendments have been posted on the City’s website and have also been available for review by the public at the Windom City Office; and

         WHEREAS, the City Council called for a public hearing on the proposed amendments to the Windom City Charter for the City Council Meeting to be held on April 16, 2019; and

         WHEREAS, the public hearing has been held and all relevant public input has been considered, and the City Council now proceeds to formal action on the proposed amendments to the Windom Charter. 

NOW, THEREFORE, THE CITY OF WINDOM, MINNESOTA, HEREBY AMENDS THE CITY CHARTER OF THE CITY OF WINDOM BY:

Removing in their entirety the existing City Charter Sections 1.02, 2.05, 2.06, 3.08, 5.01, 5.02 and 11.08 and replacing those sections with the following:

Charter Section 1.02 – Boundaries and City Territory

BOUNDARIES:  The territory encompassed by the present boundaries of the City of Windom is as follows: Part of the Northeast Quarter of Section 21, part of the Northwest Quarter of Section 22, part of the East Half of Section 22, part of the South Half of Section 23, part of the Southwest Quarter of Section 13, part of the Northwest Quarter of Section 24, part of the Southwest Quarter of Section 24, part of the East Half of Section 24, all of Section 25, the East Half of Section 26, part of the Northwest Quarter of Section 26, part of the Southwest Quarter of Section 26, part of the Northeast Quarter of Section 35, most of the North Half of Section 36, and part of the South Half of Section 36, all in Township 105 North, Range 36 West of the 5th P.M.; and part of the West Half of Section 19, and part of the Northwest Quarter of Section 31, all in Township 105 North, Range 35 West of the 5th P.M. in Cottonwood County, Minnesota.

Charter Section 2.05 – City Council Vacancies

VACANCIES: An elected office becomes vacant when the person elected or appointed thereto dies before taking office or fails to qualify, or the incumbent dies, resigns in writing filed with the City Administrator, is convicted of a felony, ceases to reside in the City, or is adjudged incompetent by a Court of competent jurisdiction.  In each case the council shall by resolution declare the vacancy to exist.

If a vacancy occurs, the mayor shall nominate and the council shall affirm and shall forthwith appoint an eligible person to fill the vacancy for the remainder of the unexpired term until the next general election.

Charter Section 2.06 – Mayor Powers and Duties

THE MAYOR, POWERS AND DUTIES: The mayor shall be the presiding officer of the council; except that the council member elected at large shall serve as president in the mayor’s absence, and as acting mayor in case of the mayor’s disability preventing performance of duties or in the case of the mayor’s absence from the City.  The mayor shall be the chief executive officer of the City.  The mayor shall exercise all powers and perform all duties conferred and imposed upon that office by this charter, the ordinances of the City and the constitution and statutes of the State of Minnesota.

In the event of a vacancy in the office of mayor, whether by death, resignation or any other cause, the council forthwith shall order a special election to fill the vacancy for the unexpired term; provided that if such vacancy occurs less than six (6) months from the expiration of the term of said mayor, then no special election shall be held; but the duties of said mayor shall rest upon and be discharged by the council member elected at large serving as president pro tempore of said council as full and to all intents and purposes as if said president pro tempore were the duly elected and qualified mayor.

If a vacancy exists in the office of mayor and council member at large, then the remaining council members shall elect from themselves a chair to conduct the meeting and said person shall retain their voting rights.

Charter Section 3.08 – Proceedings on Resolutions

PROCEEDINGS ON RESOLUTIONS: Every resolution may be presented in writing.  Resolution shall be read in full before adoption, if requested by a majority of the council.

Charter Section 5.01 – Subordinate Officers

SUBORDINATE OFFICERS: There shall be a City Administrator, a Deputy City Administrator, a City Attorney, and other subordinate officers as are designated in this charter or as the council may create, each of whom shall be appointed by the mayor and whose appointment shall be confirmed by the council and shall perform such duties as are required of them by the council.  The duties of the various officers may be altered or combined as the council may see fit.

Charter Section 5.02 – Subordinate Departments

DEPARTMENTS: The City of Windom shall have the following departments: Fire, Planning, Police, Street and Utilities; and the Council may create, in addition, such other departments, boards, commissions, bureaus for the administration of the City’s affairs as may seem necessary.  The Council from time to time may define, alter or combine the powers and organization of departments, boards, commissions or bureaus.

11.08   Effective Date of Charter

This charter becomes effective on August 30, 2019, and as amended.

          NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, AS FOLLOWS: 

THE EXISTING CITY CHARTER EFFECTIVE ON JUNE 20, 1984, AND AS AMENDED BY THE WINDOM CITY COUNCIL, IS HEREBY AMENDED EFFECTIVE AUGUST 30, 2019.  

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THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, FURTHER ORDAINS:

This ordinance, or an approved Title and Summary of this ordinance, shall be published in the COTTONWOOD COUNTY CITIZEN.  There shall be a 90-day waiting period following adoption of this ordinance and publication of this ordinance, or an approved Title and Summary of this ordinance, which begins May 29, 2019.  If no citizen petition opposing the proposed amendments is received during the 90-day waiting period, this ordinance shall become effective on August 30, 2019.        

ADOPTED AND PASSED by the City Council of the City of Windom, Minnesota, this 21st day of May, 2019.

                                                                   ______________________________________________
                                                                   Dominic Jones, Mayor

ATTEST:

_____________________________________
Steven Nasby, City Administrator
                                               

1st Reading:     May 7, 2019 

2nd Reading:    May 21, 2019   

Adoption:        May 21, 2019 

Published:       May 29, 2019

Effective:        August 30, 2019