03/03/1982 Council Minutes - Laserfiche WebLink

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156 Special Council Meeting March 3? 1982 Mayor Benson requested that Mr. Schumacher prepare an amendment to the Charter for the inclusion of Certificates if Indebtedness for consider- ation by the Charter Commission. Chapter 5 - Section 5.07 - deals with 'referendum on Resolutions', this had been discussed at the last meeting and the question of the legality of this requirement had been brought up. One Attorney had felt that the Resolution portion is not enforceable. The other point that had been brought up was the fact that since the Charter does not have a separ- ability clause, this makes the entire Charter illegal. Mr. Weible tried to explain the difference between a Resolution and a motion. Mr. Weible said there was no case law on this point. It was pointed out that there is a Supreme Court decision on this matter that states that a referendum on a Resolution is not lega. Mr. Hawkins was asked his opinion and he asked to have some time to check this out. Mayor Benson asked Mr. Flannery if he had a problem with this section and he said, No. Mayor Benson asked why this Council has a problem with this section and Mrs. Elsenpeter said the State Statute that allows for the Charter, does not provide for a referendum on a Resolution. Mr. Kulaszewicz suggested this matter be turned over to Mr. Hawkins for an interpretation of this Section. Mayor Benson agreed with this and asked Mr. Jawkins to get together with Mr. Flannery to discuss the intent of the Charter Commission on this matter. Chapter 8 was discussed - the matter of one signature per ownership was discussed with several different interpretations on this requirement. Mr. Hawkins felt that if there is joint ownership, all owners must sign to consitiute one benefited property. The remaining portions of the Charter did not seem to present any questions, on the part of the Council. (Mr. Weible went through but he was not audible on the tape). Mr. Schumacher questioned the 'Corporate Bond' requirement - Mr. Hawkins explained. Mrs. Elsenpeter asked what the Comission's example of a policy of how the Council could be informed of the needs of the citizens? Mr. Weible could not be understood). Mayor Benson asked Mr. Hawkins to review the Charter for other questions that should be presented to the Commission at this time. Also, the City Administrator and Clerk. He commended the Commission and felt there are only perhaps 6 of 7 areas of which there are questions. Mayor Benson requested that Mr. Schumacher send a letter to each member of the Charter Commission thanking them for their time and effort on putting this Charter together. Also, indicate that the Council will implement this Charter and ask the Commission to continue in order to assist the Council in implementing the Charter.