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Paul Harrington November 29, 1995 • Page 3 budget resolution, or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes. The requirement of Section 203.08, subd. 5a requiring a 4/5ths vote of the entire Council to amend the 1995 budget to transfer funds from the Special Projects Fund is in direct conflict with the clear language of Section 3.04, subd. 1 and Section 7.08 of the City Charter which require that there only be a three vote majority of the Council for adopting a budget amendment resolution such as Resolution No. 4843 adopted by the City Council on November 13, 1995. It is well established in the law of Minnesota and other states that the power to pass an ordinance must be found in the express language of a city charter and any ordinances beyond the scope of the powers granted in a city charter are invalid. See § 9.22 Municipal Corporations Third Edition (McQuillin). The judicial decisions recognize certain general rules of interpretation of city charters. One rule is that the charter of the city is the measure of its powers, and the enumeration of those powers imply exclusion of all others. Id. It also is clearly established that in the interpretation of city charters, the ordinary rules of statutory construction are applied and words must be interpreted in the sense in which they are ordinarily used and understood unless some other interpretation is clearly indicated by the charter. Id. Effect should be given to every section, paragraph, sentence, clause and word in the charter. Id. It is also been concluded by numerous opinions of the Minnesota Attorney General in Minnesota that a city council may not adopt procedures which are in conflict with the city's charter or take actions or adopt ordinances without authority granted by the city's charter. See Op. Atty. Gen., 63-A-1, November 5, 1948; Op. atty. Gen., 844B-8, January 26, 1957; Op. Atty. Gen., 62-B, August 11, 1950; Op. Atty. Gen., 285a, October 22, 1958; Op. Atty. Gen., 218-G-15, March 25, 1955. Therefore, under the Attorney General Opinions cited above and the judicial rules a statutory construction for interpreting a city charter, it is clear that the express provisions of Sections 3.04, subd. 1 and Section 7.08 of the City Charter specifically set forth a three vote majority as the minimum number of affirmative votes needed to adopt an ordinance, resolution or motion, unless otherwise provided in the City Charter or state law. Since neither the City Charter nor state law requires that there be a minimum of four votes to approve a budget resolution such as Resolution No. 4843 and since the express language of Section 3.04 of the Charter does not say anything about exceptions being otherwise provided in the City's Legislative Code, an affirmative vote of only three or more members of the Council is required to adopt ordinances, resolutions and motions, including Resolution No. 4843. In addition, Section 7.08 of the Charter expressly provides that only a majority vote of the City Council members is required to approve a budget amendment such as Resolution No. 4843. RCL97279 MU125-11