City Council Minutes 1975 05 06 - Laserfiche WebLink

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-3- MIZEL ANNEXATION City Attorney Morris informed Council that on May 5, 1975 he was notified by Mr. Wayne Schroeder representing the Land Commission, that they would seek a temporary restraining order against the City from acting on the annexation and the zoning, at 3:30 P.M. on May 6, 1975. They secured a time from Judge Neighbors court and also Mr. Morris was informed that the County was seeking matters to enjoin the City from acting on the proposed annexation ordinances which are as follows: Ordinance #467, 468, 469, 470, and Zoning Ordinance #471. Attorney Morris stated that he was served papers from the County and the Land Use Commission at approximately 2:30 P.M. for the 3:30 P.M. hearing. The purpose of the Land Commission was to enjoin the zoning of the property and the purpose of the County was to enjoin the annexation itself. Attorney Morris stated that Judge Neighbors granted both the County and Land Commission the temporary restraining orders to the effect that the City may not take final action on the Ordinances May 6, 1975. A hearing at 9:00 A.M., May 27, 1975 was set for a preliminary or permanent injunction. It was agreed by the City that the temporary re- straining order would be in effect until the decision on May 27, 1975. It was also concluded that if the Council wished to hold the public hearing on May 6, 1975, there would be no problem, however, no final action could be taken. Attorney Morris stated that the hearing on May 27, 1975 would be open to the public. Attorney Morris stated that the judge could make a permanent injunction pending appropriate action under H.B. 1041. After further discussion, Councilman Caranci moved that the Public Hearing be continued on June 3, 1975. Seconded by Councilman DiCarlo. Motion carried. Councilman Domenico moved that Council authorize Attorney Morris to do all that he feels necessary to carry this project through. Seconded by Councilman DelPizzo. Motion carried.