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RESOLUTION N0.6649 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF NIINNESOTA <br />RESOLUTION DETEP;MINING THE SUFFICIENCY OF REFERENDUM <br />PETITION PURSUANT TO CITY CHARTER; PROVIDING FOR THE <br />DISPOSITION OF SAID PETITION; FINDING THE REFERENDUM <br />QUESTION INVALID; AND DECLARING THAT SUCH QUESTION <br />SHALL NOT BE CERTIFIED FOR A SPECIAL ELECTION <br />WHEREAS, Section 5.07 of the Mounds View City Charter provides that an ordinance <br />adopted by the City Council may be subjected to a petition for a referendum prior to the date when <br />the ordinance takes effect; and <br />WHEREAS, the City Council adopted Ordinance No. 760 which was scheduled to take <br />effect on August 19, 2005, pursuant to the Mounds View City Charter; and <br />WHEREAS, pursuant to Chapter 5 of the Mounds View City Charter a petition for a <br />referendum as to Ordinance No. 760 has been received by the City; and <br />WHEREAS, pursuant to the Mounds View Ciry Charter, City staff previously reviewed and <br />determined that the petition submitted to the City was insufficient because the number of valid <br />signatures submitted was less than the required number; and <br />WHEREAS, the referendum petition seeks a vote as to the final adoption of Ordinance <br />No. 760 which authorizes the transfer of real properly by the City of Mounds View to the Mounds <br />View Economic Development Authority; and <br />WHEREAS, the City Council has received an opinion from the City Attorney which is <br />attached and set forth as Exhibit A to this resolution and incorporated herein by reference; and <br />WHEREAS, it is the opinion of the City Attorney that an ordinance dealing with the sale of <br />land is an administrative act (among other reasons) of the City Council that is not subject to <br />referendum pursuant to Minnesota law; and <br />WHEREAS, the City Council previously adopted Resolution No. 6608, wherein the City <br />Council determined the sufficiency of referendum petition pursuant to the Mounds View City <br />Charter, provided for the disposition of said petition, found that the referendum question was <br />invalid, and declared that such question should not be certified for a special election; and <br />WHEREAS, pursuant to the Mounds View City Charter, additional signatures were <br />submitted on September 26, 2005, regarding the petition for a referendum, bringing the total to 997 <br />valid signatures; and <br />SJR-268835v3 <br />MU205-30 <br />