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Various Documents 1994
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Various Documents 1994
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9/6/2018 7:04:05 AM
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MV Misc Documentation
Date
1/1/1994
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I will now turn to the specific questions that you asked. First, it <br /> does not appear to be a legal requirement that an election be held <br /> before a utility is sold. Under an old law, M.S. 457. 13 , an election <br /> was apparently required before the sale of a water or electric <br /> utility, but this statute was repealed by the legislature. I <br /> discussed this matter with Stan Peskar, the League's general counsel <br /> who has worked with a number of home rule charters, and he agreed that <br /> it no longer appears to be a legal requirement to hold an election <br /> before the sale of an utility. He did state, however, that most <br /> charter cities have retained provisions similar to Mounds View's <br /> section 11. 04 for political reasons. The sale of a utility is a major <br /> step for a city to take and one that is hard to undo. Thus, to keep <br /> any one faction from having the power to bind a city to the sale of a <br /> utility, most charter cities require the approval of the general <br /> public. It should be noted that absent a formal requirement, the <br /> issue of the sale of a utility would still be subject to the <br /> initiative and referendum provisions of the charter. <br /> Second, the process the proposed charter outlines for determining the <br /> sufficiency of a petition appears to be the most common approach and <br /> one that should minimize any legal problems. The clerk conducts the <br /> initial review and submits his or her findings to the council who must <br /> make the actual determination. As the council would have to act on <br /> any sufficient petition, they should be the ones who make the formal <br /> decision as to the petition's sufficiency. Of course, the person(s) <br /> who filed the petition could seek a court order on the issue, but the <br /> initial determination needs to be made first. The council should <br /> consult with the city attorney whenever it has a question about a <br /> petition's sufficiency. Having the council attempt to gain judicial <br /> review on each petition would prove costly and there is the <br /> possibility that the court would refuse to act on the matter. <br /> Third, you inquired as to whether the charter could provide for a <br /> higher filing fee for elected offices than what is provided for in the <br /> statutes. In the case of non-city offices, the answer appears to be <br /> no as the funds collected goto the county_and state and f_i-l-i.nc_f-e-es <br /> do not fit within the areas of an election that M.S. 410 . 02f <br /> authorizes charters to regulate over the provisions of state law. <br /> When it comes to local office filing fees, however, the statutes <br /> specifically authorize charter cities to set their own rates. M.S. <br /> 205 . 13 , subd. 3 , states that the fees of that statute shall be <br /> charged unless the charter of the city provides for the fee in that <br /> city. <br /> Finally, the general provisions of chapters 1 and 12 are fine as they <br /> currently . exist, although the comments outlined above still apply. In <br /> addition, the city might want to consider adopting a provision stating <br /> that the city will follow the procedures outlined for statutory cities <br /> whenever the charter proves to be silent on an issue. The authority <br /> to do this was specifically granted during the past legislative <br /> session. Not all charter cities desire to take this approach, <br /> however. Such a provision would coincide with section 12 . 08 . <br />
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