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<br />. <br /> <br />. <br /> <br />CASE # <br /> <br />Lf <br /> <br />STATUS OF ORDINANCE <br />TO AMEND CITY CHARTER SECTION 2.1 <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Backg~ound: <br /> <br />The Charter Commission met on December 5,2006, to consider an amendment to the Charter. The <br />amendment would change Section 2.1 of the Charter and provide that the City be governed by the <br />Council-Manager Form of Government. Currently, the City is governed by the Mayor-Council <br />Plan. <br /> <br />At its December 5 meeting, the Charter Commission recommended that the City Council enact an <br />ordinance to amend the Charter as above stated. The Charter Commission recommended that the <br />amendment be effective January 1,2008. <br /> <br />The Council introduced the recommended Ordinance on December 12, 2006, and held a public <br />hearing on December 28, 2006, after properly advertising the hearing. Enclosed are the unapproved <br />public hearing minutes and the minutes of the City Council's action. <br /> <br />The December 28, 2006 City Council motion was as follows: <br /> <br />To adopt Ordinance No. 06-12-_ amending Section 2.1 of the City Charter <br />requiring that the city be governed by the Council-Manager Form of Government <br />with the following change: an effective date of January 2, 2011, contingent on <br />approval by the Charter Commission and contingent on the City Attorney <br />determining it will be effective ordinance. <br /> <br />The City Council's unanimous action is not the recommendation of the Charter Commission <br />because of the difference in effective dates (January 1, 2008 per Charter and January 1, 2011 per <br />City Council). Enclosed is a draft of the ordinance approved unanimously by the City Council. The <br />Charter Commission is meeting on January 18, 2007, at which time the 2011 date will be submitted <br />for their consideration and recommendation. <br /> <br />I have determined that from a legal standpoint, a recommendation by the Charter Commission for <br />January 1,2011, will satisfy the State Statute requirements of both bodies, the Charter Commission <br />and City Council, will have approved the Charter amendment. It does not appear that any person <br />will be prejudiced by the order of events here, that is the Charter recommendation coming after the <br />City Council's unanimous approval. While I can find no legal precedent for this legal opinion, I am <br />of the opinion that it is a logical practical conclusion. Of course, if the Charter Commission does <br />not recommend the January 1, 2011 date, the charter amendment will fail. <br /> <br />Funding: <br />. No funding required. <br /> <br />-'1 87- <br />