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Ms. Ruth White ` August 17, 1979 Page 4 Section 6.02, Subdivision 5 • The first sentence uses the term "clerk" when "clerk-administrator" isused through- out the rest of the charter to identify this office. Consistency is desirable. Section 6.04 The last sentence of subdivision 2 appears ambiguous to me. . Maybe the ambiguity in the charter will be adequately overcome by ordinances, regulations and practice procedures. I would only note that the words "questions of major policy" are not legally defined terms established by court decisions to a degree that words like legislative, administrative and ministerial are so defined. Section 7.04 This section puts the responsibility on the city staff to submit a proposed budget to the council . I would only point out again that that diffuse responsibility may lead to problems of compliance. Subdivision 2 of that section provides for a summary of the budget "to be mailed to residents of the city." How those residents and their addresses are to .be - determined and what happens if some are missed is not mentioned. Though the courts are likely to look on such a provision as directory and therefore as not invalidating actions taken if imperfectly complied with, language like the following taken from the local improvement code, Section 429.031, might be appropriate: "But failure to give mailed notice or any defects in the notice shall not invalidate the proceed- ings." You might also want to include language giving city officials some .reason- able discretion in means of determining who are residents of the city and where they might be sent mailed notice. In fact, you might want to reconsider the use of the term "residents" since this term would seem to include persons not eligible to vote, i.e. , aliens, children- and incompetents. - Section 7.05 Unless the planning commission has some substantial staff or works very closely with the clerk-administrator or finance officer, they may have considerable difficulty producing yearly long term financial plans. Section 7.10 Subdivision 2 of this section provides for mailing to residents of the city a de- scription of each bond issue or other obligation planned. -Such a requirement in - , those terms might well terminate the ability of the city to borrow money on the public market unless the language is modified in a way that bond counsel can assure themselves that the requirements of the charter have been complied with completely prior to the issuance of any bonds. In the absence of a legal opinion from recog- nized ecog-nized bond counsel that procedural requirements of charters and statutes have been complied with prior to issuance, bonds are generally unsalable. The difficulties of complying' are discussed in my comment on Section 7.04. • The requirement for a distribution of the summary of the opinion poll to as many