HomeMy WebLinkAboutResolution 5435
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RF:SOLl.!TION NO. 5435
CfTY OF MOUNDS VIEW
COUNTY Of' RAMSF:Y
STA TE OF MINNESOTA
RESOLUTION AUTHORIZING REVISOR'S FOOTNOTE
ADDITION TO THE CITY OF MOUNDS VIEW CHARTER
RECITALS
WIIEREAS. the City of Mounds View is a home rule chmier city pursuant to Minnesota
Statutes Chapter 410; and
WHEREAS, the present city charter contains a provision at Section 4.02 of the city charter
pertaining to the issue oftenn limits for elected officials; and
WllEREAS, the Supreme COllli of the State of Minnesota has determined in the case of
Minne~polis Term Limits Coalition v. Kedc. 535 N.W.2d 306 (Minn. 1995), that term limits
change the eligibility requirements tiJr local office in violation of the constitution guanmtee of
universal eligibility tor public oUice; and
WHEREAS, the city council torwarded a draft ordinance to the Mounds View Chatier
Commission l\:questing that, pursuant to 1'v1inn. Stat. ~ 410.12, subd. 7, the charter commission
recommcnd tll the city council a charter amendment by ordinance which would removc any
reference to term limits in Section 4.02 of the present city charter; and
WI fEREAS, the chmier commission determined not to recommend the enactment of a
charter amendment of Section 4.02 by ordinance to the city council pursuant to Minn. Stat. S
410.12,subd.7:and
\VHEREAS. the charter commission acknowledges that the city council should inform the
citizens of the City of Mounds View as to the present judicial interpretation of provisions similar to
charter Section 4.02; and
WHEREAS, the city council desires to include a revisor's footnotc in the present charter to
inform the public of the judicial interpretation of provisions similar to chalier Section 4,02 that have
been determined to be unconstitutional by the case llfM)nneapolis Term Limits Coalition v. Keefe.
SJR-179J2Jv2
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NOW, 'fHEREFORE, BE IT RESOLVED B'r' THE CITY COl,lNCIL OF THE CITY Of
MOUNDS VIEW, MTNNESOT A AS FOLLOWS:
1.
resolution.
The recitals set forth in this resolution are incorporated into and made a part of this
'1 The following language shall be inserted into the charter as a footnote to Section
4.02 of the Mounds View City Charter:
!\ city charter provision limiting the term of an elected city official IS
unconstitutional and unent(xceable. See, Minneapolis Term Limits Coalition v.
I, ~ t' > .::; -. - N' \11 ') '1 -. ()f.' (M' 1 ()O -
_'\..e_~...') ,YV._C.' \.). 111n. 1)).
~. T'he Mayor.. (~ity ('lcrk-Adlllillistrator.. staff alld COllsultants are l1ereby authorized
and directed to take any and all additional steps and actions necessary or convenient in nrder to
accomplish the intent of this resolution.
Adopted this 24th day of April, 2000.
ATTEST:
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'f.vftkf Ulrich, Interim City Clerk -Administ):ator
(SEAL)
SJR-17')323\'2
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