City Council Minutes 1979 03 20 - Laserfiche WebLink

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ORDINANCE NO. 637 & 638 PUBLIC HEARING STAFF REMARKS COUNCIL COMMENTS Minutes - page 12 March 20, 1979 Mr. Wurl stated that he has never seen a community respond to another community's action as Boulder has done to Louisville. Mr. Wurl stated that he felt Boulder would do what they said they would do, and commented that he would not be doing his job if he didn't concern himself and staff with the possible actions of the City of Boulder. He reiterated, that the emergency clause was not discussed until the threat was posed by the City of Boulder. Councilman DiCarlo asked Attorney Joss if there was another way that the matter could be brought to a vote as the question had been presented earlier by Mr. McKee. Att~ney Joss restated that the referendum petition was submitted prior to Council taking any final action on the ordinance. He stated that it was his understanding of the statutes and state constitution, that a referendum petition does not have an effect until such time as Council takes final action on an ordinance, with an understanding that if an ordinance is passed with an emergency clause, that a referendum is not allowed. The emergency clause can be added at the discretion of the legislative body in any ordinance they see fit and for whatever reason that they may see fit. It was his position and his explanation in regards to the letter that was submitted by Mr. McKee's group requesting action on that petition; the petition was not submitted in a timely fashion, ie. that Council had not yet taken final action on the ordinance and therefore a referendum could not be forced by that particular petition. He stated that if the ordinance is adopted with the emergency clause it would prevent the referendum from being required. Councilman DiCarlo asked if it is possible to retract a petition after it has been acted upon.