Agenda - Council - 06/09/1998 - Laserfiche WebLink

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H A R T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337-9215 email: clefever~kennedy-g raven.eom June 3, 1998 Mr. William Goodrich Randall, Dehn and Goodrich 2140 Fourth Avenue North Anoka MN 55303 RE: Ramsey Charter Section 14.1 Dear Bill: You have asked for our opinion on the validity of Charter Section 14.1 dealing with modification of the Metropolitan Service Area (MUSA). INTRODUCTION Minnesota Constitution Article XII, Sections 4 and 5 provide for the adoption and amendment of city charters when and as authorized by law. The authority and procedure for adoption and amendment of charters is found in Minn. Stat. Ch. 410. As a general rule the electorate of a charter city may legislate as to the administration of local government by charter or charter amendment on any .matter which would be a proper matter for regulation by the state legislature. There are, however, exceptions to this general rule, for the powers of the electorate are not superior to the powers of the legislature. Absent constitutional restrictions, the legislature may modify or withdraw powers enu'usted to the city, hold such powers itself, or vest them in other agencies. Monaghan v. Armatage, 218 Minn. 108, 15 N.W.2d 241 (1944). Municipal bodies are creatures of the state and have no greater powers than are conferred by the legislature. Village of Brooklyn Center v. Rippen, 255 Minn. 334, 96 N.W.2d 585 (1959). Whenever there is a conflict between a charter and the general laws of the state, or the power conferred by the legislature to legislate by charter is exceeded, the state law must prevail. Mangold Midwest Co. v. Villaee of Richfield, 274 Minn. 347, 143 N.W. 2d 813 <'LLld42q? l"lO