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Chairman Heitman agreed and stated that the Commission should present the <br />best product they can at the initial hearing and it is encumbrant to point <br />out to the citizens the potential problems involved with adopting budgets <br />by ordinance. Conversely, it should be pointed out that adopting the budgets <br />by resolution will not subject the budget to referendum. <br /> <br />Commissioner Lichter and Sieber agreed and Commissioner Lichter stated that <br />Chapter 7 of the draft should include both terms -- resolutions and ordinances <br />for the purpose of discussion. <br /> <br />The entire Commission agreed to focus some discussion at the public hearing on <br />budget resolutions and budget ordinances. <br /> <br />With regards to purchases and contracts, Chapter 6.04, Chairman Heitman stated <br />that he feels the City should be provided with a monthly financial exposure <br />chart from the contractor. This would allow Council to better evaluate the <br />financial aspects when deciding whether or not to continue a project. <br /> <br />Commissioner Sieber stated that the Uniform Contracting Law gives the City <br />a handle on that issue. <br /> <br />Commissioner Lichter stated that most contracts have a termination clause <br />and generally the contractor receives payment for material he has purchased <br />and delivered to the site and a reasonable cost for shutting down the project. <br /> <br />Chairman Heitman called for a review of Chapter 8. <br /> <br />Amendment - Section 8.04.01 - First sentence - Add the word 'number' after <br />the word 'in'. Sentence will now read: 'All improvements to be paid for by <br />special assessments against the benefitted property shall be instituted by a <br />petition of at least 35% in number of the benefitted property owners together <br />with a resolution adopted by an affirmative vote of the majority of all of the <br />Council.' <br /> <br />Amendment - Last sentence of page 8-2/1 - Should read: 'If within such 60 <br />day period, a petition against such improvment to be field with the Council, <br />signed by a number of owners proposed to be assessed for such improwement at <br />least equal to the number of those who petitioned for the improvement, the <br />Council shall not make such improvement at the expense of the property <br />benefitted, unless, in the meantime, there be filed with the Council a <br />petition asking that the improvement be made, signed by property owners <br />proposed to be assessed for such improvement at least equal in number.' <br /> <br />Mr. Dorn stated, regarding eliminating the clause that Council can implement <br />a special assessment project by a 4/5 vote, that the Commission should <br />get a legal opinion on this from the. Attorney General's office. There <br />could be some conflict with Chapter 429. <br /> <br />Discussion ensued regarding Section 8.04.01 and 8.04.02. <br /> <br />Amendment - Section 8.04.01 - First sentence - Should read: 'All improvements <br />to be paid 100% by special assessments against the benefitted propert . . .' <br /> <br />Amendment - Section 8.04.02 - First sentence - Strike the following phrase: <br />'Regardless of the provisions in Section 8.04.01,'. <br /> <br />Sp CC/September 26, 1983 <br /> Page 3 of 5 <br /> <br /> <br />