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Page 2 5. City Clerks are required by state law to file adopted charters and charter amendments. MSA 410.12 Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. MSA 410.11 Adoption; notice, effective date. If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall be considered adopted; and, if any provisions thereof are submitted in the alternative, those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk shall file with the secretary of state, the county recorder of the county in which the city lies, and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted. The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon the election of officers thereunder, the officials of the former corporation shall deliver to them the records, money and other public property in their control. HIST: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1986 c 444 6. ACTIONS TAKEN BY CITY COUNCIL TO DATE: A. The City Council declared that term limit restrictions are not manifestly unconstitutional and ordered the amendment to be placed on the November 8, 1994 ballot. B. The City Council has declined to file the term limit amendment adopted November 8, 1994 in accordance with state law. Charter Commission Concern: Minnesota law 410.11 is not discretionary. This law requires filing. After the amendment is filed Thereupon the courts shall take judicial notice of the new charter....(In this case, the term limit amendment). Under state law, amendment procedures are addressed the same way as original charters regarding adoption and filing processes. "Judicial notice" takes place after filing, in the legal order of events. Failure to file amendments as legally required, or filing after the date set in the amendment, could impair the intent of the amendment as passed by the voters.