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08-09-99 18:12 From-KENNEDY 1 GRAVEN +6123379310 T-693 P.06/08 F-230 <br /> Charles S. Whiting <br /> July 26, 1999 <br /> Page 2 <br /> updating process of the City Code, should knowingly print an unconstitutional provision in its <br /> charter. it would appear that the following options are available to the City. <br /> First, it would appear that the most prudent course of action would be for the Mounds View <br /> Charter Commission to recommend removal of the unconstitutional amendment from the <br /> Charter. This course of action would appear preferable because there exists the distinct <br /> possibility that a citizen of the City could force removal of the unconstitutional provision by <br /> judicial action should the provision be printed in the newly updated charter and city code. <br /> Second, an alternative approach to responding to the issue of reprinting the unconstitutional <br /> provision in the Charter would be to include the adopted amendment, as appears to have been the <br /> case in some circumstances,` but to include a revisor's footnote which states that such provision <br /> has been deemed unconstitutional by the Minnesota Supreme Court. Such a footnote and <br /> printing would satisfy those who desire to have the charter reprinted with the unconstitutional <br /> term limit provision, but at the same time would prevent the public from being misled by the <br /> inclusion of an invalid provision in the Charter. <br /> Please let me know how the City Council and Charter Commission desire to proceed with this <br /> issue. Likewise, please feel free to contact me with any other questions or concerns you may <br /> have regarding this matter. <br /> Sincerely, <br /> Robert C. Long <br /> Mounds View City Attorney <br /> SJR:sms <br /> • <br /> It is not apparent tions the information provided to us regarding the copies of the Charter containing the amended <br /> Section 4.02.by whom or when such modifications to the Charter were completed. Please note, however,that the <br /> modifications do contain various typographical errors, which at a minunum need to be revised at the tune of the <br /> updating$tits reprinting of the Cbarrer and City Code. <br /> SJR-lbb333 <br /> MIF'144 <br />