Agenda - Charter Commission - 07/10/1997

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tV~UNICIPALITIES 158 In view of the' fact that there is no general city elect~on, as distinguished from a general state election; in the city wSthin six months after the delivery of the proposed amendment to the Mayor of the city, one provision of Section 410.10 authorizes the submission of the proposed charter amend- ment at a special election within 90 days after its delivery to the Mayor. As the two 'above-mentioned provisions appear to be somewhat in conflict but both methods are authorized, it is my opinion that the city council has the .authority to use its discretion in the matter of selecting the time of holding the election upou the charter amendment. In doing so, it is assumed that the council will weigh the need for early submission thereof against the additional expense incident to a special election and consider such other matters as may be material. In any circumstances, I believe that the-law requires submission of the proposed amendment not later than the next general state election. Question No. 2 Whether there is any further duty on the part of the Charter Commis- sion by way of resubmitting the amendment to the Mayor and any duty on the part of the Mayor to resubmit it to the city council. Opinion No. 2 In the case of State ex rel. Andrews v. Beach, the court said: "The duty to submit them (charter amendments) is not at an end because respondents did not comply and no longer can comply with the directions of the statute. It is within their power at any time to call a special election and lay amendments before the people for ratifieati, on or rejection." In my opinion, as the charter amendment has already been delivered to the Mayor and the city council, and, as the duty of the city council to submit the proposed amendment to the people for their vote thereon continues until performed, it would not appear necessary to have the proposed amend- ment resubmitted by the Charter Commission to either the Mayor or the city council. J. A. A. BURNQUIST, Attorney General. Minneapolis City Attorney. August 25, 1948. 58-C 89 Amendment---Taxation and financ~To provide for imposition of a gradu- ated income tax--SfSA § § 205.78, 410.10. Minn. Const., Art. 4 § 3.