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09/12/1977 Meeting
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09/12/1977 Meeting
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City Council Minutes
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9/12/1977
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<br /> I <br /> Mr. Williams questioned whether the emergency clause had been eliminated. . <br /> Mr. Long said the bill would not become effective for 30 days as it <br /> did not receive unanimous vote. Mr. Williams was intrigued with the <br /> legal significance in that the charter provides a bill containing an <br /> emergency clause has to be passed by a two-thirds vote of Council, yet <br /> City Attorney was saying the bill passed, but the emergency clause <br /> failed, lacking the two-thirds vote. Stan Long, City Attorney's Office, <br /> said that interpretation had been made in 1971 and had been adhered to <br /> consistently since that time. He said, in any event, under the present <br /> Charter he was not sure Mr. Williams~statement was accurate. He reiterated <br /> a bill containing an emergency clause that does not receive the required <br /> number of votes would not go into effect immediately, but was nevertheless <br /> effective with the passage of 30 days. <br /> III. Findings of Fact Re: Gi 1 bert Appeal <br /> Manager reviewed for Council the denial by the Planning Commission and <br /> Zoning Board of Appeals for a minor partition and panhandle lot for <br /> property located at 3970 Marshall Avenue. Council had uphel d the. deni al s <br /> and had instructed staff to submit findings of fact. <br /> Mr. Hamel moved, seconded by Mr. Delay, to adopt the findings <br /> of fact. Motion carried, with all Council members present <br /> voting aye, except Mr. Haws abstaining. <br /> IV. Ordinances for First Reading <br /> C.B. 1538--Levying assessments for paving, sanitary sewer, storm sewer e <br /> and sidewalk on Barger Drive from Highway 99 to 200 feet west <br /> of Ohio Street; sanitary sewer on Barger Drive from West <br /> Irwin Way west to the N/S section line of Sections 16 and 17, <br /> and 20 and 21 was read by council bill number and title only, <br /> there being no Council member present requesting it be read <br /> in full. <br /> Mr. Haws moved, seconded by Mr. Hamel, that the bill be read for <br /> the first time and be referred to Hearings Panel for hearing <br /> October 3, 1977, and panel recommendation be brought back for <br /> Council consideration for final reading on October 10, 1977. <br /> Motion carried unanimously. <br /> C.B. 1539--Levying assessments for sanitary sewer: between 43rd Avenue <br /> and 500 feet south of 43rd Avenue and Dillard Road and 700 <br /> feet east of Dillard Road was read by council bill number <br /> and title only, there being no Council member present request- <br /> ing it be read in full. <br /> . Mr. Haws moved, seconded by Mr. Hamel, that the bill be read <br /> for the first time and be referred to Hearings Panel for hear- <br /> ing October 3, 1977, and panel recommendation be brought back <br /> for Council consideration for final reading on October 10, 1977. <br /> Motion carried unanimously. <br /> e <br /> 9/12/77--10 <br /> ~<\l <br />
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