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• <br />• <br />RESOLUTION NO. 5251 <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />A RESOLUTION DETERMINING THE CORRECTED <br />PETITION FOR INITIATIVE TO BE INSUFFICIENT <br />WHEREAS, a petition proposing to adopt a resolution by initiative regarding the theater project <br />("Petition") had been submitted to the City Clerk -Administrator and determined by the City Council to be <br />insufficient on May 26, 1998 [Resolution No. 5240]; and <br />WHEREAS, the Sponsoring Committee of the Petition has since acted in attempts to correct the Petition <br />according to Charter Section 5.04 by submitting an additional 149 petitioning signatures verified as satisfactory by <br />the Clerk -Administrator thereby totaling 882 approved signature and surpassing the required 859 signatures; and <br />WHEREAS, the Sponsoring Committee has retained the wording of the original petition which were <br />opined by the City Attorney to be reasons for considering the Petition to be invalid; and <br />WHEREAS, the Clerk -Administrator has reported to the City Council in accordance with Charter Section <br />5.04 in the letter dated June 29, 1998 that the Sponsoring Committee had submitted the additional signatures; and <br />WHEREAS, Charter Section 5.04 requires the City Council to again find the Petition to be sufficient or <br />insufficient; and <br />WHEREAS, the City Attorney has opined that a petition for initiative pursuant to Chapter 5 of the City <br />Charter is not lawfully applicable to an initiative for a resolution, and that regardless of the language of such Charter <br />provision, such initiative authority must be construed in harmony with and subject to the constitution and laws of <br />the State of Minnesota; and <br />WHEREAS, the Petition for initiative is for the adoption of a resolution, the City Council is under no <br />obligation to place the initiative resolution on the ballot of either a special election or regular City election; and <br />BE IT HEREBY RESOLVED that the Mounds View City Council determines the corrected Petition for <br />initiative to be insufficient based on the recommendation and legal advice of the City Attorney; and be it <br />FURTHER RESOLVED that based on this finding of insufficiency of the Petition, the initiative for a <br />resolution requested by the Petition Sponsoring Committee shall not be placed on either a special election or a <br />regular City election. <br />Adopted this 13th day of July, 1998. <br />ATTEST: Zog:9 <br />oopmeiners, ActiFk Mayor <br />0 (SEAL): <br />Charles S. Whiting <br />City Clerk -Administrator <br />