09/12/1977 Meeting - Laserfiche WebLink

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