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Mr. Neal Beets October 14, 2004 Page 2 of 2 face of the ordinance or by reference to general existing conditions or other legislative acts.' An ordinance amending the City's policy regarding responsibility for sewer blockages at the point a service line connects to the City's mainline is legislative in nature and general in its terms. On its face, giving such an ordinance retroactive effect is also legislative in nature and general in its terms. The general existing conditions under which the ordinance amendment is made retroactive is within the sphere of permissible inquiry by a reviewing court. In this matter, the existing conditions are that City was not considering amending this ordinance until the property owner contacted the Council because of losses she suffered from a sewer blockage. In the absence of other conditions, it appears to us that the Council's motive in making the amended ordinance retroactive would be to pay for the losses suffered by the property owner. Under these circumstances, the contemplated retroactivity of the amendment amounts to the City voluntarily assuming responsibility for losses caused by the sewer back-up. Because the City is not obligated to assume this responsibility it essentially is a gift to the property owner. The City cannot lawfully make such a gift. Therefore, it is our opinion that the City cannot amend the sewer maintenance ordinance retroactive to an extent that would include the sewer back-up suffered by this property owner. Our opinion does not address, nor preclude, the City's ability to settle a claim regarding this sewer back-up if an examination of the facts show that the City has potential liability. Please contact us if you have any further questions or concerns regarding this matter. Very truly yours, �� . Scott T. Anderson Eric L. Hedtke ELH/ RRM: 68589 � State ex rel. Rose Bros. Lumber & Supply Co. v. Clousing� 268 N. W. 844,849 (Minn. 193� and Oscar P. Gustafson Co. v. City of Minneapolis, 24 N.W.2d 809,812 (Minn. 1950).