1984-08-01 Regular Meeting (2) - Laserfiche WebLink

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I • • Minutes, Regular Meeting, La Porte City Council August 1, 1984, Page 2 Councilperson Graves arrived at the Council table at 7:06 P.M. 5. Mr. Terry Robbins and Mr. Bob Biarnesen spoke to Council regarding the petition recently presented to the City, and regarding the high water bills citizens have been receiving, ~~ and asking that a new look be given to the problem to see if a solution could be reached to provide lower rates. They addressed the initiative petition and asked for a second opinion of the legality and validity of same. Councilperson Westergren asked if any attempts had been made to discuss the water rates with City Staff before the petition was circulated. The answer was no, no attempt had been made. Councilperson Graves asked just what it would take for a referendum, now that it is known that the petition was found to be invalid; what would the guidelines be that the citizens would have to follow for a referendum petition. City Attorney Askins stated he had filed with City Council a legal written opinion on the status of the petition. The' • invalidity of the petition does not have anything to do with the form, the manner in which it was circulated, or the manner in which it was presented to the City. The invalidity of the petition is that the Courts have consistently held that not everything that a Council does by ordinance is subject to an initiative or referendum. Permanent, standing, legislative policy type ordinances are subject to referendum. Rate~set- ting takes expertise in accounting, engineering; a lot of figures are taken into consideration. The Courts have held that the public could not possibly have at hand or have access to, the expertise that a City Council would spend many hours going over and hearing testimony in a Council meeting when they pass such an ordinance, to be able to draw a rational conclu- sion and make an intelligent vote on it. That is not to say the voters could not do so if they were sitting in the~seat of City Council, but the voters were not there,' and they did not have an opportunity to hear it. Mr. Askins went on to explain the way the rates must beset in regards to bond covenants, and that the City must abide by them. There are legal constraints, budget constraints, etc., that must be considered when setting rates. Mr. Askins offered a copy of the legal rulings from the~Court regarding such cases, and said he would be happy to furnihh~ • a copy to any other municipal attorney if the petitioners wished to get a second legal opinion. The~Council has no choice on this. The Council cannot legally call an election on your petition. The Courts have held that .it is not~a proper subject of an initiative or referendum election.