2005-04-25 Regular Meeting, Public Hearing and Worshop Meeting of the La Porte City Council

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Section 1-2(a) of the Code of Ordinances of the City of LaPorte provides in part: (a) The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular... Words shall be construed in their common and usual significance unless the contrary is clearly indicated. (emphasis added) Section 1-2(b) of the Code of Ordinances of the City of LaPorte provides in part: (b) City Council. The words "council" or "city council" shall mean the city council of LaPorte, constituting the governing body of the city. (emphasis added) Thus, when Section 106-171(8) of the Code specifically provides for "...The affirmative vote of at least 3/4lhs of the City CounciL.", it refers particularly to 3/4ths of the governing body of the City, and not to a portion of the governing body of the City. .This construction favors a literal interpretation of the Code over an interpretation that would require the insertion of implied words to effectuate an alternative meaning, and it also is faithful to the specific definition of City Council found in Section 1-2(b) of the Code. To suggest that 3/4ths of a quorum of City Council is all that is required to overturn a recommendation of the Planning and Zoning Commission that a proposed change to this chapter or boundary be denied would run afoul of the specific intent of Section 106-171(8) of the Code. For example, in the case of a bare quorum of Council, Le. 5 present and voting members, 3/4ths of the "City Council" would be 4 members, which is a minority of the entire Council. This clearly goes against the specific intent of Section 106-171(8) of the Code, which requires a .super majority" of City Council to overturn a recommendation of the Planning and Zoning Commission that a proposed change to Chapter 106 of the Code or a zoning boundary be denied. Note, however, that the City Council certainly has the power to amend Section 106- 171(8) of the Code. Of course, such amendment would necessarily be pursuant to the procedures set forth in Section 106-171 of the Code. I hope this clears up any confusion on the matter, and as always, I submit this letter, Xc: Knox Askins, City Attorney, City of LaPorte