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<br />. <br /> <br />. <br /> <br />. <br /> <br />Minn. Stal. ~ 412.191, suM 4. <br /> <br />Minn. Stal. ~ 412.191, sub<!. 4. <br /> <br />Minn. Stat. ~ 33IA.05. sub<!. 2(c); A.G. <br />Op. 277-B-4(Feb. 11, 1986). <br /> <br />Minn. Stat. @ 412.191. sub<!. 4. <br /> <br />W.H. Barber Co_ v. City of <br />Minneapolis, 227 Minn. 77, 34 N.W.2d <br />710 (1948). <br /> <br />Minn. Stal.@331A.05.sub<!.6. <br /> <br />Minn. Stal. ~ 471.62. <br /> <br />HANDBOOK FOR MINNESOTA CiTIES <br /> <br />A title and a summary may be published, only if directed by a four- <br />fifths vote of the council. Along with the title and summary, there <br />must be a notice that a printed copy of the ordinance is available for <br />inspection by any person during regular office hours at the city <br />clerk's office or other location designated by the council. A copy of <br />the entire text of the ordinance shall also be posted in the community <br />library. If there is no library, the entire text of the ordinance must be <br />posted in any other public location designated by the council. <br /> <br />. <br /> <br />Prior to publication of the tile and summary, the council shall <br />approve the text of the summary and determine that it clearly <br />informs the public of the intent and effect of the ordinance. <br />Publishing the title and summary shall be deemed to meet all legal <br />publication requirements as completely.as though the entire <br />ordinance had been published. <br /> <br />An ordinance must be published within 45 days after being passed. <br />Failure to publish within 45 days, however, will not necessarily <br />invalidate the ordinance. <br /> <br />The text of the summary shall be published in a font style no smaller <br />then brevier or eight-point type. Proof of publicationshaJl be <br />attached to and filed with the ordinanc.e. Proof of publication is an <br />affidavit of publication which the newspaper must furnish when it <br />sends its printing bill. The absence of an affidavit of publication, <br />however, does not invalidate an ordinance. The affidavit facilitates <br />proof of publication should anyone challenge that fact in a lawsuit. <br /> <br />Errors in the publication of an ordinance mayor may not affect the <br />validity of the ordinance, If the error is minor so that the correct <br />meaning is clear from the context, then the error has no effect upon <br />the ordinance's validity. When the error is more substantial, <br />however, the ordinance provision containing the error is ineffective <br />and void. <br /> <br />. <br /> <br />In home rule cities,.the charter can impose additional or special <br />qualifications for the publication requirements of ordinance notices <br />or proceedings. <br /> <br />Adoption by Reference <br /> <br />Statutory and charter cities can avoid publication requirements when <br />adopting certain complicated regulatory codes in ordinance form by <br />using the process of adoption by reference. In effect, cities can adopt <br />certain regulations by passing and publishing an ordinance that <br />identifies statute or other rule by name. <br /> <br />e <br /> <br />170 <br />