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ir J a 1. " 107-79 1 5-1-79 • Moved by Perpich, seconded by Gentilini the following resolution be passed and also forwarded to the Charter Commission for review and action. RESOLUTION 10-79 • . • A RESOLUTION DETERMINING TO ISSUE GENERAL OBLIGATION WATER AND SEWER REVENUE. BONDS UNDER THE PROVISIONS OF MINNESOTA STATUTES CHAPTERS 444 AND 475, DECLARING A CONFLICT BETWEEN CERTAIN CHAPTER PROVISIONS AND . DETER1INING TO ISSUE THE BONDS UNDER STATE LAW RATHER THAN THE CITY CHARTER . WHEREAS, Section 1.03 of the City Charter indicates that: "It is the intention.of this charter to confer upon the City every power which it -would have if it were • specifically mentioned. The charter shall be con- strued liberally in favor of the City and the specific mention of particular municipal powers in other sec- . • tions of this charter does not limit the powers of the City to those mentioned.", and .WHEREAS, the power to issue geM1zieralobligation revenue bonds is .. not mentioned in the charter but under Minnesota Statutes, Section 444.075, Subd. 1, state law states: "The authority hereby granted shall .he in a.ddition to all other • powers with reference to such facilities otherwise granted by the laws of this state or by the charter of any such City.",. • and • WHEREAS, statutory cities and home rule charter cities in this state do have the authority under Minnesota Statutes, Chapters 444 and 475 to issue general obligation revenue bonds to construct or reconstruct sewer and water facilities, and if .they pledge the net revenues of said systems the bonds may be issued without an election, and . WHEREAS; Section 7.11 of the new home rule charter contains the • following wording: "No obligation shall be issued and sold without the approval of the majority of the voters voting on the question at a gen- eral or special election."