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Last modified
8/23/2018 3:10:49 PM
Creation date
8/23/2018 3:10:44 PM
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Template:
MV Misc Documentation
Date
12/31/1979
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Ms. Ruth White <br /> • <br /> August 17, 1979 <br /> Page 5 <br /> residents of the city as is feasible, is ambiguous and could also cause bonding <br /> problems. It would be better to accomplish this objective by some method of <br /> certain compliance, such as posting in definite places, or publication if cost <br /> is not a major consideration for the commission. <br /> The last sentence of this subdivision provides that the poll and distribution of <br /> results isn't necessary where financing is undertaken pursuant to an emergency <br /> ordinance under Section 3.06. However, your provision on emergency ordinances <br /> provides that an emergency ordinance shall remain in effect for the duration of <br /> the emergency and shall become void when the emergency no longer exists. This <br /> could be construed to mean that the authority for issuing the debt or obligation <br /> also terminates with the end of the emergency and such a contingency could also <br /> make the bonds, notes or other obligations unsalable and thus this shortcut pro- <br /> cedure unusable. <br /> • <br /> Section 7.12 • <br /> The preceeding comment relates as well to the last sentence of this section. <br /> In subdivision 2 there is a requirement that the city make a full report to the <br /> residents of the city as soon after issuance of emergency debt certificates as <br /> is feasible. Thetype of report or means of conveyance is not specified.. While <br /> for most purposes specificity in the charter is unnecessary and binding, in the <br /> area of bond issuance, specificity may avoid problems. - <br /> Section 9.01 <br /> The last sentence of this section provides for essentially the same kind of public <br /> hearing process for property acquisition as is required under earlier sections for <br /> creation of the budget and issuance of obligations. In my judgement, this is <br /> attempting to take public involvement a bit too far. Firstly, the application of <br /> the section is not limited to real property. Thus, this section appears to require <br /> such a hearing before purchase of a police car, a desk or a light bulb. Secondly, <br /> even if the application of this section were restricted to purchases of real property, <br /> the advisability of such a provision is questionable. Certainly, purchases of great <br /> significance will have had to be anticipated in the city budget or will require <br /> bonding to secure the funds. The public input and reaction can be obtained through <br /> your hearings provision in other sections. Where minor easements and fee purchases <br /> are acquired by negotiation, the existence of a provision such as this will sub- <br /> stantially increase the expense of acquisition and delay action unduly. Moreover, <br /> to provide for such an unusually large number of public hearings can only result in - <br /> a discouragement of the electors from meaningful attendance and participation. <br /> The principle is exemplified by the story of the boy who kept crying wolf. <br /> Section 10.01 <br /> In the last sentence of this section the term "clerk" is used whenn"clerk-admini- <br /> strator" is used in most of the other sections of the charter. <br /> Section 11.06 <br /> This section spells out a specific notice requirement for public hearings required <br />
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