HomeMy WebLinkAbout1975-10-22 Council PacketKenai City Council
Special Council Meeting
October 22, 1975
Ordinance 280-75
s ,
COUNCIL MEETING OF`'a` (SPECIAL) 10-22-75 I
ACRERLY -I A
AMBARIAN
DOYLE NO.
HUDSON
s
MORGAN
SWEET
o
ELSON y
r ----W
111
s+ w
MEDIORANDUM
TO- Mayor James A. Elson
FROM: Jan Williams, City Attorney
SUBJECT: Emergency Special Meeting
DATE: October 22, 1975
The mayor or any four councilmen may call a special meeting
of Council (s§ 1-7 City Code). Presumably, since neither the
Charter nor the Code states otherwise, any business which
could be conducted at a regular meeting of Council can be
conducted at a special meeting.
Notice of a special meeting must be given to all councilmen
at least 48 hours in advance of the time called for special
meeting. A valid special meeting may be called on shorter
notice, however, "if the council, by unanimous vote of all
councilmen present at the meeting, adopts a motion or reso-
lution finding that an emergency justifying such meeting
exists and that the public interest requires the council to
meet on shorter notice". (s§ 1-7, City Code) A resolution
making such a finding is attached.
You should call the meeting to order, state your reasons for
calling the meeting, and proceed to read the resolution. All
councilmen present must vote in favor of the resolution or
the meeting will not be a valid meeting and any action taken
at it will be invalid.
After the passing of the resolution you may proceed to the
business at hand, Ordinance 280-75.
An emergency ordinance or an ordinance making, repealing,
transferring, or otherwise changing appropriation, may be
passed on the same day it is introduced. (City Code (§ 1-14)
Likewise both types of ordinances become effective on the
date passed. In this situation, I believe it would be best
to declare an emergency, rather than to depend on the status
of it as an appropriations ordinance since it has been the
custom of Council to allow for public hearing on appropriations
ordinances. Accordingly, the ordinance is drafted that way.
As to a public hearing, anyone who is present at the meeting
must be allowed to speak on the ordinance before it is
finally passed (1-14(d) City Code)
If this is treated as an emergency ordinan a at least 5
councilmen must vote in favor of passage ( '�-13 City Charter)
reg4rdlessof hot many are present. As an appropriations i
or finance t could probably be passed by a majority of
those councilmen present.