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09/02/2008 Council Packet
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09/02/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
09/02/2008
Council Meeting Type
Work Session Regular
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• Member introduced the following resolution and moved its adoption: <br />• <br />• <br />CITY OF LINO LAKES <br />RESOLUTION NO. <br />RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT <br />AND CALLING A SPECIAL ELECTION THEREON <br />BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, <br />Minnesota ( "City") as follows: <br />1. On March 24, 2008, the City Council approved a first reading of an ordinance <br />amending certain procedures for financing of public improvements with special <br />assessments in Chapter 8 of the City Charter, and submitted such proposed <br />amendment to the Lino Lakes Charter Commission ( "Charter Commission ") for <br />review and comment, all in accordance with Minnesota Statutes, Section 410.12, <br />subdivision 5. <br />2. On August 12, 2008, the City received a proposed alternative amendment to Chapter <br />8 of the City Charter, initiated by a petition of registered voters pursuant to <br />Minnesota Statutes, Section 410.12, subdivision 1, 2 and 3, which amendment would <br />authorize the undertaking of public improvements financed with special assessments <br />in accordance with State law. <br />3. In accordance with Minnesota Statutes, Section 410.12, subdivision 3, the City Clerk <br />duly examined the petition within ten days after filing thereof, and after notifying <br />petitioners of certain insufficiencies and examining a supplemental petition filed by <br />petitioners within ten days after such notification, duly certified that the petition was <br />properly attested and was signed by a sufficient number of registered voters (being a <br />number equal to five percent of the total votes cast at the last previous state general <br />election in the City). <br />4. In accordance with Minnesota Statutes, Section 410.12, subdivision 4, the City <br />Council has determined to submit the charter amendment initiated by the City <br />Council and the charter amendment initiated by petitioners to the voters of the City <br />at the special election to be held (as part of the general election) on Tuesday, <br />November 4, 2008. The election will be held and conducted in accordance with the <br />laws of the State of Minnesota relating to municipal elections and the City's home <br />rule charter. <br />5. Under Minnesota Statues, Section 410.12, subdivision 4, the City Council is required <br />to fix the form of the ballot and submit charter amendments to the voters as in the <br />case of the original charter. Further, as specified in Minnesota Statutes, Section <br />410.10, subdivision 3, if any part of a charter is submitted in the alternative, the <br />ballot must printed be so as to permit the voter to indicate a preference. <br />6. The City Council has determined that the amendment initiated by the Council and <br />the amendment initiated by petitioners are mutually exclusive, that therefore it is <br />reasonable and necessary to submit the amendments in the alternative, and to fix the <br />ballot form accordingly as specified in Minnesota Statutes, Section 410.10, <br />subdivision 3. <br />
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