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May 17, 2005 <br /> <br />VIA F'.4C, fflMILE AND U.S. MAIL <br /> <br />William K. Goodrich <br />C Jty Attorney, City of' Ramsey <br />Randall, Goodrich & Fitzpatrick, P.L.C. <br />2140 Fourth Ave. N. <br />/\noka, MN 55303 <br /> <br />]?amsey Charter Amendment Question <br />Our File No. 8983-000I <br /> <br />Mr. Goodrich: <br /> <br /> City Administrator James Norman has asked Greene Espcl P.L.L.P. to address two <br />qt~c.~;tions arising from a petition to amend the City's Charter that the City has recently received. <br />Thc first question involves whether the terms of the proposed amendment would provide the City <br />with authority to deny the petition and thereby prevent voters from considering the proposed <br />tmmndment. The second question involves whether allegations .that the signatures oi~ the petition <br />wore gathered through the use of misrepresentations, if true, would provide the City with <br />aulbr,'ity to deny the petition or take other action regarding the petition or the proposed <br />v. memhnent. For the purpose of answering these questions, we have assumed that the City Clerk <br />/inds Ibc petition sufficient in all other respects. <br /> <br /> As explained below, the proposed charter amendment is "manifestly unconstitutional." It <br />imp.scs a system for calculating assessments for certain local improvements that fails to heed <br />the requireynents imposed by 'the taking~ clauses-of the Minnesota and 'United States <br />()cmstitt~tions as interpreted by the Minnesota Supreme Court. ' <br /> <br /> To answer the second question, we have assumed for the sake of argument that signatures <br />the petitions were obtained through the use of misrepresentations. However, because the <br />statutes governing charter amendments and false campaign speech do not authorize the City to <br />reject t. he petition on this basis, we conclude that the City is not in a position to take such an <br />fiction based upon alleged misrepresentations. <br /> <br />The Proposed Amendment and Related Provisions of the Current Charter <br /> <br /> The proposed amendment would amend the section of the City Charter regulating local <br />iml)row:ments by adding sections 8.7 ("Fi~.ancial Protections"), '8.8 ("Required Hookup <br /> <br />200 SOUTH SIXTH STRI~ET, SUITE; 1200~ M[NHE;APOLIEij MN 55402~1415 <br /> <br /> <br />