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2002_0422_packet
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2002_0422_packet
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P.11111111 <br /> David J. Kennedy <br /> Page 10 <br /> October 27, 1995 <br /> Assn rn ing than the charter is canstrued to provide for referendum of such an ordinance. <br /> however, a referendum could in our view, be held on the issue. L. Gould v. Ci(y of <br /> S loom i no tcLii, 394 N*W.2d 149 (Minn. Ct. App. 1986) (upholding a referendum on an <br /> ordinance raising city council salaries). <br /> QUESTION SEVEN <br /> Section 3 of chc 1994 Act, amending section 205.02, subdivision ,was <br /> effective August 1, 1994. If the answer to question no. 1 is in aie affirmative, <br /> does section 205.07 as it existed prior to the 1994 Act apply to the City of <br /> Crystal? <br /> PENION <br /> We answer you question in tho negative. Section 205.02, subd. 2. as amended. <br /> provides generally that elections in all statutory and home rule charter cities shall be held as <br /> prided iii chapter 205. "j"'he subdivision then provides home-rule cities express exemption <br /> frorn <br /> Al <br /> certain sections and subdivisions of t�hc chapter. This does _)or mean that each provision, <br /> of the chapter not so exempted is applicable to every statutory and home rule city in all <br /> circumstances. Many parts o1'the chapter are further limited by cheir own terms., inn. <br /> Stat. §§ 205.075 (towns only); 205.84, subds. 1 and 2 (statutory cities only). Likewise, <br /> section 20,5,07, subd. 1. as it exists prior to the effective date of the 1994 and 1995 <br /> arrie nd t-ne n tl s% app'lies, by its terms, only to statutory cities. <br /> 'I`herefore, while the City of Crystal is nor exempted by section 205.02,subd.2, the lack <br /> . _ ... C' c e1 r is at m. . r,, ev n... Untill the � and 1995 endm ems take effect, <br /> e�: o 2 ,su 1. � not purport to impose any requirements upon the City of C���t�' <br /> Very truly yours. <br /> HUBERT h. HUMPHREY If I <br /> Attorney General <br /> KENNETH E. RA S CNKE, JR. <br /> .assistant Attorney General <br /> TOTAL P. 11 <br />
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