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Willard C. Coty, Chairman <br /> . . Alum. 1 , 1979 <br /> Py. 5 <br /> Question 15 is mostly answered in answers nine ad ten. To the extent that you adopt a <br /> charter process for assessments which excludes the application of chapter 429, to the <br /> extent that the charter provisions are reasonable and not in contravention of the state <br /> constitution or laws, the charter provisions will control . <br /> Finally, in question 1. . - o - t - , - I . er c. f. le if the disposition of any <br /> over collection on •onds after statutory requirements are met. The answer is. that to the <br /> extent that the statutes do not dictate the disposition of these over—collections, the <br /> charter may provide for any such disposition. I might simpp1y add that to my kno ledge <br /> there is of normall '• e ' 'ca collection for retirement o obl '•ations. <br /> Typically, w at minor excess there may be is provi •e. to reimburse the city for the <br /> administrative costs involved in the project and bond issuance , on the assumption that 4.r <br /> the improvement doesbenefit specific individuals and it is more fair to charge the . <br /> true cost back to the individuals benefitted than to the community at large. <br /> KYfinalcomment would be that the tenor of the questions posed seems to evince a <br /> disposition on the part of the charter commission to very tightly circumscribe the <br /> perogaT p� nn�.rarc Q the city. " I can only suggest tha . - .nuission review. <br /> especially .. .es 2 and 3 ofie enclosed memo "Princi . es .nd Problems $ C ar er Making" <br /> 100a.7. <br /> Though the case Jacobsen vs. Negel , 255 Minn. 300,96NW 2d 596 (1959) has weakened the <br /> effectiveness of the recall provision, it is n a foregone conclusion that the present <br /> Supreme Court would agree with that decision.(Thus, I think inclusion of a broad <br /> initiative and referendum provision, together with a recall provision, might provide the <br /> responsiveness and conservative perspective which you apparently seek for the council <br /> of the city, without hamstriging governmental operation in overly detailed charter <br /> limitation and restrictions <br /> We hope these comments are of use to you. <br /> Sincerely yours, <br /> )6:.,4.,__ <br /> .AJZi:;,, <br /> Stanley G. Peskar <br /> General Counsel <br /> SGP/smr <br /> Enclosures <br />