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SEP -02 -1998 12:47 LEAGIE OF hN CITIES P. 03/12
<br /> f ( . 0 ve i t revaires a four -fifths the actual text of the summary requites two-thirds or feu - vote is needed { H,ent, or the council to order an only a simple '
<br /> le majority, to approve a conditional use perc
<br /> te which will be paid for by (A.G. Op. 477 -b-34, Mar. 20, 1973.
<br /> MS. 429.031, lark boards LMC 600 But while it's legaS9
<br /> spH�l1.) assessments. ( Any park improvement which possible, this kind of provison is gen-
<br /> A statutory city can create a park orally not advisable. (The "Did you
<br /> specially assessed also mares board by ordinance. But once it exists, know?" coltmm in the July, 1961 issue
<br /> afour- fifths vote, regazdless of it takes a unanimous vote Of the entire &cusses the problems this hand of
<br /> ghit th ere has bean a petition. mum to abolish it. (M.S. 412.601.) provision can create.)
<br /> ad.S. 429.031. subd, 2.) This means (lints though fast atkspdHg the Plan auto
<br /> or votes on a five - member council, fo�n of government auto-
<br /> or six votes on a seven-member abolishes s park �) Special problems ins
<br /> w ooed. The park board must consist of counting votes 'j"
<br /> These statutes apply to arty city three, eve, Seven, or nine members.
<br /> M iri i under y assessing fora local mare T change the size of a etatutory city Vacancies
<br /> ;t: meat di M.S. C 429. Charter park requites a two -thirds vote.
<br /> es can also adopt their own assess- na.e. 412.501.) A vacancy temporarily reduces the
<br /> rent procedures, which could Involve size of the coundl. While there is a
<br /> deferent vote requirements. Street vacation "entire mi a five- member council, the
<br /> "entire councT' consists of four mem-
<br /> It Charter amendments Unless there has been a petition h For any partict action that
<br /> Generally, a proposed charter from a myority of the almttmg laud- regmres approval by a spud portion
<br /> 3 amendment must be fret be sabmitted owners. it takes oaf fifths vote t° of the co tlocu then, the required pro-
<br /> to the charter commission. However, vacate a street in a statutory city p of votes required is applied to
<br /> m a city of under 10,000 populatbn, (M.S. 412.851.) Port* the temporarily smaller number. (State
<br /> the council by ordinance passed by a ex vet Peterson v. Hoppe. 194 Man
<br /> four -fifths vote of a8 its members can H o s pital boards 186. 260 NW 215 (1935). See also
<br /> put proposed amendments to the vot- Abolishing a hospital board requires A.G. Ors. 63•b -14, Oct. 6, 1982; 161-
<br /> era without fire submitting them to the a vote of "aS Ave members" of a A -20, July 3, 1974; end 63-b-14, ran.
<br /> 9 i charter commission. (M.S. 410.12, statutory city council. (M.S. 412.221, 14, 1970.)
<br /> subd. 6.) sabd. 16.) It's not clear how many An example might make this more
<br /> Under certain circumstances, the votes would be required in a statutory dear. It takes a two - thirds vote of au
<br /> council can amend the charter by ordi- city with a seven - member inland. m embers of the muncil to amend a
<br /> .w,. Hance. This ordinance must be passed eosin ordinance. With a seven -mem-
<br /> - by affirmative vote of all members of other actions ber council, this means five votes. (213
<br /> - the counc8. (M.S. 41012, subd. 7.) x 7 at 4.67, so the law require at
<br /> 3 • A city cannot !Welds in an ordhumce least foe votes.) But if there is a
<br /> a provision that requires an extraordi- vacancy, there are oalY six members;
<br /> Summary publication of nay malty or a unanimous vote to the required vote is two - thirds of six.
<br /> ordinances amend or repeal that ordinance. (A.G. or tour.
<br /> is Statutory cities may publish a sum- Op. 477 -a, Feb. 5, 1971, LMC 335A.) Apparently, if there were two vacan-
<br /> may wary rather than publishing the entire However, the city can spay in the des on a five- member council, amend -
<br /> city text of the ordinance. It takes a four- ordinance that an ex affirmative votes. Bu take �y
<br /> llow fifths vote of the council to use the ity is required to
<br /> rase summary publication option. (M.S. under the ordinance. For example, a three affirmative votes to vacate a
<br /> wit' 412.191, subd. 4.) However, approving zoning ordinance might specify that a street if there hasn't been a petition.
<br /> nal.
<br /> tans . .
<br /> vote
<br /> cePi
<br /> rsort MUNICIPAL ORDINANCE
<br /> ; CODIFIERS, INC, PAVEMENT MANAGEMENT
<br /> the PAVEMENT STRENGTH EVALUATIONS
<br /> CONDITION SURVEYS
<br /> Farcluelvely for Minnesota Governmental Units DESIGN RECOMMENDATIONS
<br /> • Ordinance Codification f01'
<br /> • c
<br /> • c ode U Revision CITIES AND AIRPORTS
<br /> . ode Update Ssrviw
<br /> 35 • Counsel Admitted to Minneeon Bar
<br /> ;set sv �eanun1
<br /> costs Grand Lemon. P.E..
<br /> sed 7400 Lyndale Avenue South. Minneapolis. MN 55429 wiOr114aarri O'. Eueen• Sok. rtaeert cantilever. PI,
<br /> Phone (612) 6660409 1404 Ceneordis Avenue. at Paul MN 551o4
<br /> (512)6aa•295a
<br /> tee Pearly 1990 21
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