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Last modified
8/23/2018 3:10:49 PM
Creation date
8/23/2018 3:10:44 PM
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MV Misc Documentation
Date
12/31/1979
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4 . y <br /> z . <br /> Winston C. Johnson - 3 August 5, 1970 <br /> summarized as follows; <br /> "The proposed ordinances must be general in nature <br /> and lay down some permanent and uniform rule of law <br /> for the guidance of the municipality and its people;. <br /> it must enact a law and not administer a law already <br /> made. On the other hand, if the proposed ordinance <br /> merely executes an existing law and is one that calls <br /> • for investigation and the exercise of discretion and <br /> business judgment, it is the exercise of an adminis- <br /> • trative function and the electors are not entitled <br /> to have the proposed ordinance submitted to a vote <br /> of the people. " (Emphasis added) <br /> Also in Op. Atty. Gen. 858, July 27, 1967, this office said <br /> of a city council resolution calling for the construction of . a. <br /> storm sewer: <br /> "Such a resolution and similar resolutions for other <br /> local improvements such as a resolution to grade, <br /> gravel, oil or pave a street or a portion of a street, <br /> or a resolution which calls for the planting of trees <br /> in certain portions of the city, cannot be classified <br /> as general legislation which establishes a permanent <br /> and uniform rule of law regarding the installation <br /> and maintenance of public improvements for the guidance <br /> of the municipality and its citizens. . and there- <br /> fore, the electors of the city. . ,ara not entitled <br /> to have the resolution submitted to them by way of <br /> referendum. " <br /> In DOOIin v. Cita Council of Fitchburg; 242 Mass. 599, 136 <br /> 616 (1922) , cited in Oakman v. City of Eveleth, supra, the <br /> court said: "a direction to an officer to sign a specified contract <br /> with a named person to do a defined thing for a specified price is <br /> not a legislative act. " <br />
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