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06-12-2007
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06-12-2007
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Jim Ericson <br /> From: Jim Ericson <br /> Sent: Wednesday, May 30, 2007 2:15 AM <br /> To: 'Jonathan J Thomas' <br /> Cc: Kurt Ulrich; sriggs@kennedy-graven.com; Rob Marty(MV); *MVCouncil <br /> Subject: Ordinance 790 - Possible Revisions <br /> Attachments: Initiative.doc <br /> Initiative.doc(36 <br /> KB) <br /> Jonathan: <br /> You indicated that if anyone had comments or suggestions regarding Ordinance 790 to let <br /> you know. <br /> I have a few comments and suggestions regarding the ordinance which I hope will be <br /> considered prior to its second reading. I recognize and appreciate the amount of work <br /> that went into the drafting of the ordinance so I offer these recommendations with all due <br /> respect. <br /> With the exception of the first comment, all will refer back to the line numbering in the <br /> Charter Commission' s final mark-up version. <br /> 1. I would *strongly* encourage the final version of the ordinance to SHOW the changes <br /> being proposed as we do with all other ordinances. Naturally, this would impact the <br /> readability of the ordinance, but if a resident wants to track what is being changed, the <br /> changes need to be identified. Of course, that' s just my opinion. <br /> 2 . Lines 8-9. This is a correction to the old language. . . I would suggest adding a <br /> comma after the phrase "except an emergency ordinance" . The phrase is a parenthetical <br /> element and should have a leading and trailing comma. <br /> 3 . Lines 10-11. I share Scott ' s concern about requiring a specified effective date. <br /> 4 . Line 15. You indicated that if we miss a deadline with the Bulletin, we can publish <br /> an ordinance in the "other" official newspaper. According to Section 12. 01 of the <br /> Charter, the Council is to designate an official newspaper of general circulation. <br /> Nowhere does it mention TWO official newspapers. The City Attorney has consistently <br /> suggested against publishing anything "official" in the Pioneer Press because the Charter <br /> does not recognize a secondary or additional official newspaper. (That and the fact that <br /> no one would be looking for the notice in the Pioneer Press and would consequently accuse <br /> the City of doing something underhanded. ) <br /> 5 . Lines 15-16 . I share Scott' s concern about an explicit window for publishing an <br /> ordinance. While it does not happen often, it HAS happened where the newspaper has failed <br /> to publish a public hearing notice or an ordinance. If a window needs to be there, I <br /> would recommend adding a week, changing 17 to 24 . Also, why require a "do not publish <br /> before" date? Given the newspaper' s deadlines, such a requirement is effectively <br /> unnecessary. <br /> 6. Line 73 . This is a correction to the old language. . . "them" should be "it" . This is <br /> referring to each signature (singular) not signatures (plural) . <br /> 7 . Line 106. I would suggest changing "cannot" to "does not" . (One would assume that an <br /> insufficient petition CAN be made sufficient. ) <br /> 8 . Line 110 . Why 9 days? There is an allowance if 10 days in Line 108 and 10 days in <br /> Line 114, why 9 days in Line 110? <br /> 1 <br />
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