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P.09-1111 <br /> David J. Kennedy <br /> Pauc 8 <br /> October 27. 1 995 <br /> QUESTIONN FOUR <br /> Does Laws 1995, ch. 8, 6 (adding a new subdivision 3 to <br /> section 205.84) apply to the City of Crystal? <br /> ORNION <br /> While the matter is not entirely free from doubt, we are inclined to the view that the new <br /> subdivision may be applied in the City of Crystal. Thar subdivision provides: <br /> Subd. 3. TKANSITION SCHEDIJIE, The governing body of a city <br /> electing more than one council member in each ward may adopt an orderly <br /> transition schedule to biennial November elections in which only one council <br /> member in each ward is elected in any municipal general election. <br /> As noted above, the unmodified term "city" as used in the election laws refers to both home- <br /> rule and statutory u i t i�S. The matter is somewhat complicated here by the fact that <br /> subdivision 1 of section 205.84, by its terms, applies only to statutory cities which e leo( <br /> council members by ward. Subdivision 2 which refe.s to "the city" in addressing rtdefinitioll <br /> of ward boundaries implies references to the statutory ci tips referred to in the firsr subdivision. <br /> It might be argued, therefore, that the entire section including the new subdivision 3 should be <br /> deemed to deal only with statutory cities, We decline to adopt that co ns tru c t io t), however. <br /> The- reference [o ;a "a city" in the nevi subdivision 3 is not expressly or by necessary <br /> imp 1 l o a t i o l , : .� i:;e to the statutory cities addressed i n me first two subdivisions. <br /> F U Filler H11 O r f"k, ins to effectuate the mten!. �� the legislature we should consider both t <br /> occ?,slon and necessity for the law and the consequences of any given interpretation. Minn. <br /> S tat. 645. : 0(1 j(6) (1 994). Here it appears that the isl ature wished to allow c l t ws to <br /> r ,de for staggering of t�r tTl s within. a given ward so that, representation of the ward would <br /> voters' attitudes on a more timely basis than would occur if two or more represewailves <br /> [cr mis Were ele-cted at the same. 11111c, <br /> "Ne cal n,, oerL►21 ire no reaso:i 1vhy �tt�. �t�i����w��i.��� wo!,il d .;rite .d :o e!fectua�e Chat polio" oriiy <br /> : [ � E- k �, € o e : `Lug se�..r :at Chat-t r far more :�k��.��� �o ���Ve 2 <br /> J <br /> 11 <br />