Agenda - Council - 02/27/2001 - Laserfiche WebLink

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Randall, Dehn & Goodrich MEMO TO: FROM: RE: DATE: Ramsey City Council William K. Goodrich, City Attorney January, 2001 Charter Amendment Petition February 23, 2001 INTRODUCTION On January 23, 2001 the City Council was presented with a Petition signed by approximately 500 voters of the City requesting that the City Charter be amended. A copy of the Petition is attached hereto (the "Proposed Amendment"). Minnesota Constitution, Article XII~, Sections 4 and 5, provide for the adoption and amendment of City Charters when and as authorized by law. City Charter amendments are governed by Minn. Stat. Chapter 410. Pursuant to the statutory requirements, the city clerk has affirmatively determined that each paper of the Petition is properly attested and further, the city clerk has affin-natively determined that the Proposed Amendment is Signed by a sufficient number of voters. On February 13, 2001, the City Council directed that I, as City Attorney, review the Proposed Amendment and give my opinion as to its legal sufficiency. QUESTIONS PRESENTED 1. IS THE CITY COUNCIL OBLIGATED TO SUBMIT THE PROPOSED I I' I I I I I I ! I I I I -188- AMENDMENTTOTHEVOTERS? A. ELECTION PROCEDURE. Minn. Stat. 410.12, Subd. 1 provides that the charter commission shall propose amendments to the charter "... upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city." The city clerk has determined that the five percent threshold has been met and the city clerk has certified the result of the examination to the city council as required by Minn. Stat. 410.12, Subd. 3. I, I I I I I