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17/2-4 <br /> RESOLUTION NO. 5251 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> A RESOLUTION DETERMINING THE CORRECTED <br /> PETITION FOR INITIATIVE TO BE INSUFFICIENT <br /> WHEREAS,a petition proposing to adopt a resolution by initiative regarding the theater project <br /> ("Petition")had been submitted to the City Clerk-Administrator and determined by the City Council to be <br /> insufficient on May 26, 1998 [Resolution No.5240];and <br /> WHEREAS,the Sponsoring Committee of the Petition has since acted in attempts to correct the Petition <br /> according to Charter Section 5.04 by submitting an additional 149 petitioning signatures verified as satisfactory by <br /> the Clerk-Administrator thereby totaling 882 approved signature and surpassing the required 859 signatures;and <br /> WHEREAS,the Sponsoring Committee has retained the wording of the original petition which were <br /> opined by the City Attorney to be reasons for considering the Petition to be invalid;and <br /> WHEREAS,the Clerk-Administrator has reported to the City Council in accordance with Charter Section <br /> 5.04 in the letter dated June 29, 1998 that the Sponsoring Committee had submitted the additional signatures;and <br /> WHEREAS,Charter Section 5.04 requires the City Council to again fmd the Petition to be sufficient or <br /> insufficient;and <br /> WHEREAS,the City Attorney has opined that a petition for initiative pursuant to Chapter 5 of the City <br /> Charter is not lawfully applicable to an initiative for a resolution,and that regardless of the language of such Charter <br /> provision,such initiative authority must be construed in harmony with and subject to the constitution and laws of <br /> the State of Minnesota;and <br /> WHEREAS,the Petition for initiative is for the adoption of a resolution,the City Council is under no <br /> obligation to place the initiative resolution on the ballot of either a special election or regular City election;and <br /> BE IT HEREBY RESOLVED that the Mounds View City Council determines the corrected Petition for <br /> initiative to be insufficient based on the recommendation and legal advice of the City Attorney;and be it <br /> FURTHER RESOLVED that based on this fmding of insufficiency of the Petition,the initiative for a <br /> resolution requested by the Petition Sponsoring Committee shall not be placed on either a special election or a <br /> regular City election. <br /> Adopted this 13th day of July, 1998. <br /> Roger Koopmeiners,Acting Mayor <br /> AlFEST: <br /> Charles S. Whiting <br /> (SEAL): City Clerk-Administrator <br />