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“DRAFT” <br /> <br /> <br />SJR-268835v1 <br />MU205-30 <br />5 <br /> <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 /> <br /> WHEREAS, pursuant to the Mounds View City Charter, City staff previously reviewed <br />and determined that the petition submitted to the City was insufficient because the number of <br />valid signatures submitted was less than the required number; and <br /> <br /> WHEREAS, the referendum petition seeks a vote as to the final adoption of <br />Ordinance No. 760 which authorizes the sale of real property by the City of Mounds View to <br />the Mounds View Economic Development Authority; and <br /> <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; <br />and <br /> <br /> WHEREAS, it is the opinion of the City Attorney that an ordinance dealing with the <br />sale of land is an administrative act (among other reasons) of the City Council that is not <br />subject to referendum pursuant to Minnesota law; and <br /> <br />WHEREAS, the City Council previously adopted Resolution No. 6608, wherein the <br />City Council determined the sufficiency of referendum petition pursuant to the Mounds View <br />City Charter, provided for the disposition of said petition, found that the referendum question <br />was invalid, and declared that such question should not be certified for a special election; and <br /> <br />WHEREAS, pursuant to the Mounds View City Charter, additional signatures were <br />submitted on September 26, 2005, regarding the petition for a referendum in the amount of <br />41 signatures, bringing the total number of signatures submitted regarding the petition for a <br /> referendum to a total of _____________ signatures. <br /> <br />NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mounds <br />View that the recitals set forth above are hereby incorporated into and made a part of this <br />Resolution as if fully set forth herein; and <br /> <br /> BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View <br />hereby finds the petition initially submitted on August 15, 2005, and supplemented on <br />September 26, 2005, requesting a vote as to the adoption of Ordinance No. 760 to include <br />the requisite number of signatures required pursuant to the Mounds View City Charter; and <br /> <br /> BE IT FURTHER RESOLVED, the City Council hereby finds that the question posed <br />in such referendum petition is manifestly invalid; and <br />