04/10/1978 Meeting - Laserfiche WebLink

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- It was felt there was no conflict. Regarding the vote of the public on a tax issue, he said it was a common tradition but not required by law. Regarding the violation of referendum rights, he said almost any ordinance was subject to a referendum unless it contains an emergency clause. He said almost any jUdgment could justify imposition of such an emergency clause. In this particular instance, the emergency clause was included to provide for implementation of the tax, which he felt to be an adequate legal reason. e Ms. Smith expressed concern about the exemption of the older neigh- borhood areas containing older systems which might have a need for .additional improvement. Don Allen, Public Works Director, said there is much validity to that statement, especially with regard to the sewer systems. He noted the City did not have a policy of assessment under the present policy for improvement of existing streets. He was hot sure whether or not the funding for replacing the antiquated sanitary sewer system would come from the water-user charge or from this tax. He noted the present five-year program was only a portion of the City.s share on these proposed improvements. The proposed tax would pay 30 to 40 percent of the City.s share of paving. He said there was no question some of the tax money would be used for payment of rehabilitating this area. Mr. Obie wanted clarification regarding the City Charter saying City Council could not implement a tax without two-thirds vote of the Council. Mr. Long said the two-thirds ordinance vote would be required for a modification of assessment procedures. The position taken by legal counsel is this is not modification to such an assessment. Mr. Obie questioned annexation of an area and whether that would be subject to the assessment tax. Don Gilman, Public Works, said the ordinance is written so that an annexed area wherein there is an existing structure would only have to pay for the sanitary sewer development charge. Mr. Bradley requested response from an Assessment Committee member regarding the three exempted areas, whether or not the committee had considered those exceptions. Les Anderson, Assessment Committee member, said the committee considered a number of exceptions, but ultimately felt that those were political matters that City Council should determine. Mr. Lieuallen clarified for Council that there was not an exception ordinance before Council, but only an ordinance saying Council may exempt areas of the city. Manager clarified the exemption on city- subsidized housing would apply when such development might occur because it would not relate to a geographical area. Regarding the proposed geographical area, after the ordinance is adopted Council would have to pass a resolution outlining the borders of that area to be exempt. - 4/10/78--4 l31