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<br />,.; " <br /> <br />~ <br /> <br />CASE # 1 <br /> <br />REVIEW CHARTER AMENDMENT OF SECTION 14.1 LEGAL OPINION <br />By: James E. Norman, City Administrator <br /> <br />Background: <br /> <br />In a special election held on August 15, 1995, voters approved a Charter amendment <br />which dealt with the expansion or modification of the area served by sewer and water that <br />is commonly known as the Metropolitan Urban Services Area (MUSA). The Charter <br />amendment included a ratification clause that "upon completion of the planning process, <br />the proposed modification must be approved by a majority of registered voters prior to its <br />implementation or submission to any outside regulatory body". Since this language has <br />caused the City a great deal of concern of how complaints should be brought about, the <br />City Council sought expert legal opinion. <br /> <br />During the February 18, 1998, Council meeting, the City Council authorized the City <br />Attorney and the law firm of Kennedy and Graven to research the legal issues <br />surrounding Chapter 14 of the City Charter and provide a legal opinion. The legal <br />opinion has been returned to the City and will is attached to the agenda material. Prior to <br />consideration by the City Council, the Charter Commission will be asked to review and <br />provide comment or direction for Council consideration. <br /> <br />Commission Action: <br /> <br />Review information and provide comment and/or direction for Council consideration. <br /> <br />Reviewed by: <br /> <br />Copy also distributed to: <br /> <br />City Administrator <br /> <br />City Attorney <br /> <br />Charter: <br /> <br />06/08/98 <br /> <br />jmt/Lg/Opin.doc <br />