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05 City Council Minutes
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2008-03-24
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05 City Council Minutes
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Regular City Council Meeting <br />March 10, 2008 <br />Page 5 <br />would call an election allowing the citizens to vote on the issue. He said he thought the Committee <br />should make the recommendation to the Council and then the Council could approve or disapprove <br />the recommendation. Council Member Strathern expressed concern about Council abrogating the <br />future responsibility of the Council and passing it on to the citizens. <br />Kevin Carruth said he saw no problem with the Committee making a recommendation and <br />Council making the decision. Kent McIlyar told Council they could delegate authority to the <br />Committee as an advisory board, but it was his opinion that Council could not delegate authority to <br />the Committee to create ordinances or to mandate that the Council adopt ordinances. Mr. McIlyar <br />stated the Council could consider the recommendations, but that Council would need to deliberate <br />and make a decision as to whether or not to pass any ordinances. <br />Council Member Wilson inquired about passing an ordinance that would require Council to <br />call an election should the Committee decide there was sufficient water to sell. He went on to say this <br />action would let citizens know in advance that they would be given the opportunity to vote on the <br />issue. Council Member Strathern said the petition would allow a vote on the issue, if the petition <br />contained enough signatures. Council Member Wilson said the Committee needed time to study this <br />issue. Council continued discussing the possibility of passing an ordinance. Kent McIlyar reiterated <br />that it was his opinion that he did not think Council should delegate authority to the advisory <br />committee that would be binding on the Council. Council Member Brown expressed concern about <br />binding a new Council. Kevin Carruth suggested a Resolution. Kent McIlyar said he was <br />comfortable with Council taking action with a resolution, but not an ordinance for the reasons set out. <br />Kevin Carruth said the resolution could state the intent of the Council. Mr. McIlyar advised Council <br />they might want to consider a resolution that would give due consideration and weight to the findings <br />and recommendations ofthe Lake Pat Mayse Water Study Committee. Council Member Wilson said <br />he wanted language in the resolution that would give the voters the opportunity to approve or <br />disapprove the findings and recommendations of the Council. Mayor Freelen said he also thought <br />there should be wording in the resolution giving citizens the opportunity to vote if there was water <br />available to sell. Council Member Strathern said he understood the new petition was to insure that <br />the citizens would be allowed to vote on the water issue prior to the City selling any water to any <br />entity outside Lamar County. Council Member Wilson said if Council passed a resolution that stated <br />the citizens would have a vote on this issue prior to any action being taken by Council, that should <br />resolve it. Mayor Freelen and Council Member Wilson both stated that it would be costly to conduct <br />two elections, one as a result of the resolution and one as a result of the petition. Mayor Freelen also <br />stated that if the Committee determined there was not a sufficient amount of water to sell, then it <br />would not be necessary to spend money on an election. Council Member Strathern stated this should <br />have been explained earlier to the citizens. He said the purpose of the petition was to slow the <br />process, until all of the information was collected. Mayor Freelen asked Kent McIlyar for a <br />resolution. Mr. McIlyar said this item was not posted to take action on a resolution, but could <br />recommend language. Mayor Freelen asked Mr. McIlyar to give Council wording that could be used <br />in a resolution. Mr. McIlyar suggested the following language "Be it Resolved by the City Council <br />of the City of Paris, that the City Council will give due consideration and weight to the findings and <br />recommendations of the Lake Pat Mayse Water Study Committee, and if the Committee finds that <br />
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