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CASE #1 <br /> <br />RECEIVE LEGAL OPINION REGARDING <br />PROPOSED CHARTER AMENDMENT PETITION <br />By: William Goodrich, City Attorney <br /> <br />Background: <br /> <br />At its regular meeting on May 10, 2005, the City Council scheduled a special meeting for the <br />purpose of receiving legal opinion from the City's legal counsel regarding the legal status of the <br />proposed Chatter Amendment, pursuant to a citizen petition presented to the City Council on <br />April 12, 2005. The Council received and accepted the certification of registered voters for the <br />petition fi'om the City Clerk. <br /> <br />As of this writing, the legal opinion is not available for distribution, however staff is assured it <br />will be available the evening of May 18, 2005. <br /> <br />Staff mailed a letter to the five Charter amendment petition sponsors on May 13, 2005, <br />ir~forming them of this special meeting. <br /> <br />Council Action: <br /> <br />Motion that based on the legal opinion presented to the City Council by Charlie LeFevere of the <br />Kennedy & Graven law firm, the Council directs the City Clerk to schedule a special election for <br />Tuesday, July 12, 2005, to consider the City Charter Amendment presented to the City Council <br />on April 12, 2005. <br /> <br />- and-- <br /> <br />Motion to adopt the following ballot question (attached) to be placed before the City's voters at <br />the July 12, 2005 special election. <br /> <br />OR <br /> <br />Based on the legal opinion presented to the City Council by Charlie LeFevere of the law firm of <br />Kennedy & Graven, the Council finds that the proposed amendment as presented to it on April <br />12, 2005, is manifestly unconstitutional and, therefore, declines to schedule a special election on <br />'~he said proposed amendment. <br /> <br />Reviewed by: <br /> <br />City Attorney <br />City Administrator <br />City Clerk <br /> <br />Special CC: 05/18/05 <br /> <br /> <br />