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Home My WebLink About1986-01-11 City Council Special MinutesCITY COUNCIL SPECIAL MEETING JANUARY 11,1986 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on January 11,1986,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Hill called the meeting to order at 1:00 p.m. ROLL CALL Councilman Present: Staff Present: Councilman Jimenez,Councilwoman Gardner,Councilwoman Taylor, Councilman Eidson,Councilman Baljo,Vice Mayor Bakkedahl, Mayor Hill City Manager Michael J.McNulty City Clerk Kathleen Connelly City Attorney David Alexander Director of Planning Chuck Newcomer PROPOSED ORDINANCE NO.469,REFERENDUM ELECTION (With the Emergency Clause)) )City Manager Michael J.McNulty explained that the League of Cities has the opinion that any election for initiative or referendum cannot take place until the next City election, which would be i n March or May of 1987,and since there has been the desire expressed to place the 1/2 cent sales tax question on the ballot,i t would be i n all parties interest to have this occur sooner,and that this proposed ordinance establishes an earlier time for the holding of a special election. City Attorney David Alexander stated that the Council does have the ability to provide for elections. Councilman Baljo MOVED THAT ORDINANCE NO.469,BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilman Eidson seconded the motion. VOTE:I n Favor:Councilman Baljo,Councilman Jimenez,Councilman Eidson, Councilwoman Taylor,Vice Mayor Bakkedahl,Mayor Hill Opposed:Councilwoman Gardner The motion failed. City Clerk Kathleen Connelly read the ordinance i n it's entirety: ORDINANCE NO.469,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 1 GENERAL,BY ADDING ARTICLE 1-12 REFERENDUM PETITIONS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 1 GENERAL,be amended by adding Article 1-12 Referendum Petitions,to read as follows: ARTICLE 1-12 Referendum Petitions 1-12-1 Election Schedule 1-12-2 Duties of the City Clerk 1-12-3 Responsibilities of the Applicant Sec.1-12-1 Election Schedule A special referendum election shall be held not more than one -hundred twenty (120)days after referendum petitions are received by the City Clerk unless such petitions are found to be deficient i n accordance with the provisions of Arizona Revised Statutes §19-121.04(D)and unless a regular city general election i s scheduled to be held within one -hundred eighty (180)days of the filing of the petitions.I n the event that such referendum petitions are filed with the City Clerk within one -hundred eighty (180)days of a regularly scheduled city general election,such referendum shall be placed on the ballot at the regularly scheduled general election. Sec.1-12-2 Duties of the City Clerk A.Upon receipt of an application for a referendum petition number as provided by Arizona Revised Statutes §19-111 and amendments thereto,the City Clerk shall assign an official number to said petitions and issue that number to the applicant. B.The City Clerk shall furnish to each applicant a copy of the text of Arizona Revised Statutes Title 19,Initiative,Referendum and Recall,and a copy of this Article 1-12. C.I t shall not be the responsibility of the Clerk to furnish the applicant with a completed referendum petition form containing the proposed law or measure to be referred.Upon the request of the applicant,the City Clerk shall furnish a sample referendum petition form as provided by the Secretary of State's Office. D.Unless otherwise stated by this code,the duties of the City Clerk with regard to referendum petitions shall be the same as prescribed i n A.R.S.Title 19 and amendments thereto,and the Arizona State Constitution. Sec.1-12-3 Responsibilities of the Applicant I t shall be the responsibility of the applicant for a referendum petition to comply with the procedures for a referendum as prescribed i n A.R.S.Title 19,the Arizona State Constitution,and this Code. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances i n conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such deciaion shall not affect the validity of the remaining portions thereof. SPECIAL MEETING OF THE CITY COUNCIL JANUARY 11,1986 PAGE 2 OF 4 SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health an safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency i s hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS DAY OF ,1986. ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Norman S.Hill Mayor Councilman Baljo MOVED THAT ORDINANCE NO.469,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. VOTE:Unanimous The motion carried. PROPOSED ORDINANCE NO.470, REPEALING ORDINANCE NO.468, ONE-HALF CENT SALES TAX )Mr.McNulty stated that this i s necessary as a number has been assigned for Referendum Petitions for Ordinance No.468,and since the application requested a measure at the next General Election,and i n order to have an earlier election i t i s necessary to repeal Ordinance No.468 and readopt ial6e7 tto—Lam.by adopting Ordinance No.470. Councilman Baljo MOVED THAT ORDINANCE NO.470,BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. City Clerk Kathleen Connelly read as follows: ORDINANCE NO.470,AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS,ARTICLE 8-3 TRANSACTION PRIVILEGE TAX,SECTION 8-3-3(T)FEITEENTAGE OF TAX AND BUSINESS LIABLE TO TAXATION AND SECTION 8-3-10 SUNSET AND TAX USE PROVISIONS,BY REPEALING ORDINANCE NO.468 AND ADOPTING IN LIEU THEREOF SPECIAL MEETING OF THE CITY COUNCIL JANUARY 11,1986 PAGE 3 OF 4 ORDINANCE NO.470 PERTAINING TO ADOPTION OF AN ADDITIONAL ONE-HALF CENT (1/2 CENT)SALES TAX;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Councilman Baljo MOVED THAT ORDINANCE NO.470,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilman Eidson seconded the motion. Councilman Jimenez requested clarification of the ordinance for the record. Mr.McNulty clarified the ordinance, adding that the City Council cannot place any referendum on the ballot. VOTE:Unanimous The motion carried. ADJOURNMENT )Councilwoman Gardner MOVED THAT THE SPECIAL MEETING BE ADJOURNED INTO THE SPECIAL WORK SESSION AT 1:20 P.M. Councilwoman Taylor seconded the motion. VOTE:Unanimous The motion carried. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ON THE 4TH DAY OF FEBRUARY ,1986. ATTEST: Kathleen Connelly City Clerk ; M 2 iP /4 / Norman S.Hill Mayor 6 2-7(_e_e—af SPECIAL MEETING OF THE CITY COUNCIL JANUARY 11,1986 PAGE 4 OF 4