SF 3131

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/04/2016 03:33pm

A bill for an act
relating to the city of Hibbing; authorizing an increase in Hibbing's Public
Utility Commission membership; abolishing and replacing existing council
member wards; changing form of government; amending Laws 1949, chapter
422, section 2, as amended.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 1949, chapter 422, section 2, as amended by Laws 1951, chapter
680, section 2, is amended to read:

Sec. 2. MEMBERS; APPOINTMENT, TERM, MEETINGS, QUORUM.

deleted text begin The commission, consisting of three members, shall be appointed by the village
council for a term of three years. The original appointees shall serve one, two and three
years respectively as designated by the council. Each commissioner shall hold office until
his successor is appointed and qualified by subscribing to an oath that he will faithfully
and impartially perform the duties of this office. A member of the commission shall be
chairman of the commission during the last year of the term for which he is appointed. All
members of any such existing commission shall remain in office until the expiration of
their respective terms and until the appointment and qualification of their successors in
deleted text end deleted text begin office. The commission shall meet at least twice each month. Special meetings may be
called by the chairman of the commission, and in addition, a majority of the members may
call a special meeting by giving two days' written mailed notice thereof to all members who
have not joined in the request for such special meeting. Two members of said commission
constitute a quorum. deleted text end new text begin The commission shall consist of five members appointed by the city
council. The three members serving on the effective date of this section shall continue
in office until their terms expire and their successors have been appointed and qualified.
The council shall appoint two additional members, one to serve for two years and one to
serve for three years. Thereafter, each member shall serve a three-year term and until the
member's successor is appointed and qualified. To be qualified, a member must take an
oath that the member will faithfully and impartially perform the duties of the office. The
commission shall elect a member to serve as chair of the commission at the first commission
meeting in April each year. A member may not serve as chair for two consecutive years.
The commission shall meet at least twice each month. Special meetings may be called by
the chair, and, in addition, a majority of the commission may call a special meeting by
giving two days' written notice sent by first class mail to each member that did not join in
the request for the special meeting. Three members of the commission constitute a quorum.
new text end

new text begin LOCAL APPROVAL. new text end

new text begin This section is effective the day after the Hibbing City
Council and the city's chief clerical officer timely complete compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 2. new text begin CITY OF HIBBING; CHANGING WARD SYSTEM; ADOPTING
OPTIONAL PLAN A.
new text end

new text begin Subdivision 1. new text end

new text begin Abolishing existing ward system. new text end

new text begin Notwithstanding Minnesota
Statutes, section 414.031, subdivision 4a, paragraph (d), the ward system for the election
of council persons that was established by the Order in the Matter of the Joint Resolution
of the Town of Stuntz and the City of Hibbing for Annexation of the Town of Stuntz to the
City of Hibbing, dated July 25, 1979, is abolished.
new text end

new text begin Subd. 2. new text end

new text begin Plan of government; council members; wards. new text end

new text begin (a) The city of Hibbing
must operate under the Optional Plan A form of government. Notwithstanding Minnesota
Statutes, section 412.551, no referendum is required. The council must consist of a
mayor and six council members. Two council members are elected at-large and four
council members are elected by ward. The mayor and council members serve staggered,
four-year terms.
new text end

new text begin (b) The city council shall, by ordinance, define the ward boundaries for new wards 1,
2, 3, and 4. The wards must comply with the requirements of Minnesota Statutes, section
205.84. The city council shall hold a public hearing on the proposed ordinance before its
adoption. The city clerk must publish notice in the official newspaper one week before
the hearing. The ordinance shall be published no earlier than 90 days before the primary
election in 2018 and no later than on the date of the primary election in 2018. The ordinance
shall be effective on the date of publication in the official newspaper of the city of Hibbing.
new text end

new text begin Subd. 3. new text end

new text begin Transition. new text end

new text begin (a) The city clerk-treasurer serving in office on the effective
date of this act shall complete the term. The clerk-treasurer position shall become an
appointed position when the term expires or the clerk-treasurer chooses to leave office,
whichever is sooner.
new text end

new text begin (b) The members in office on the effective date of this act shall finish the terms to
which the members were elected. The mayor, one at-large council member, and council
members for wards 1 and 2 shall be elected in 2018 and serve four-year terms. One at-large
council member and council members for wards 3 and 4 shall be elected in 2018 and serve
two-year terms. Thereafter, the mayor and all council members shall serve four-year terms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
the city of Hibbing and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end