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Agenda - Charter Commission - 07/10/1997
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Agenda - Charter Commission - 07/10/1997
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Meetings
Meeting Document Type
Agenda
Meeting Type
Charter Commission
Document Date
07/10/1997
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Ben J. Deemer <br />Mar~h 29, 1996 <br />Page 2 <br /> <br /> You also questioned when the clock for the election on the amendment starts to run. <br />This office has opined in both Op. Atty. Gen., 58-c, Sept. 22, 1951, and Op. Atty. Gen., <br />No. 88, p. 5i, 1948 that because Minn. Stat. § 410.12, subd. 4 provides that elections on <br />amendments are to be held "as in the case of the original charter," the terms of Minn. Stat. <br />§ 410.10 apply to set the manner in which the-election on the amendment is to be held. Minn. <br />Stat. § 410.10 provides that upon delivery to the city council of the proposed charter, or in this <br />case, amendments, the city is to cause an election on the proposal to be held at the next <br />general election within six months after the delivery. If no general election is scheduled to be <br />held during that time, a special election is to be held. <br /> <br /> You also questioned whether the time period applicable to this situation would be the <br />120 days listed in chapter 5 of the city charter. As noted above, it would appear that chapter 5 <br />of the charter is directed to proposed city ordinances rather than amendments to the city <br />charter. <br /> <br /> I have enclosed copies of the Attorney General opinions cited for your reference. I <br />hope this provides you with some general guidance. <br /> <br />Yours very ,t:.mly, ///../ .,-'7 <br /> <br />Assistant Attorney General <br />Manager, Opinions Division <br /> <br />(612) 297-1141 <br /> <br />Enclosures <br /> <br />KER:dsc.citi.af6 <br /> <br /> <br />
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