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� � A copy of this report, which is a digest of s tatistical data taken from the offieial records, and �rhich has required considerable research by the Water Superintendent and his staff, as well ae the City Clerk� s office, is attached hereto for the Council� s consideration. Obviously, howener, any questions pertaining to "eonformance to law" , whieh has been mentioned in these discussions, should b e referred to the ' City Attorney, or some other person qualified to make legal determin ations, since such matters are beyond the province of administratiee officials. , . E. A., Roli$on, �City Manager ..� 3 ' �he City Attorney stated that a copy of the court �udgement of the Land Development � ', Company was turned over to the City Manager and since that time it has been returned ' to the City Attorney� s office. The City Manager stated that the �udgement looked all right to him. Councilman Weiss read the fo]�lo�ring prepared statement. To begin with I wish to aall attention to the second paragraph of the City � Manager�s report, in which he indicates that he has referred certain � portions of the question to the City Attorney, T therefor presume that further report should be forthcoming either from the City Manager or the City Attorney. Next it is to be noted that the City Manager has dutifully and in effect eomplied with Councilman Herkner�s eapressed stipulation that the report con�ain an aPfirmative statement �hat ,�it was approved by legal couns�l." It is also very interesting to note that the City_ Manager�s closing r emark in said report correctly statea that a proper determination of the legal questions invol�ed is beyond administrative officials and should be deter- mined by appropriate people of the legal proFession such as the City Attorney. Since we hava done so much talking and bandying oi' words, I offer at this time a brief outline of my reasons for quest�.nning the propriety of these transactions. Naturall� as layman not gounded in legal matters, they are not sll inclusive: 1. It appears that at the March 18, 1946 council meeting �ity Manager E. Bluxn reported that no record of a water department agreement with the Land Development Company could be found in previous council minutes. � 2. At the same meeting Mr. Werder representing the Land Development Company requested a resolution be adopted so that there would be an official record .�+r of the agreement. 3. Again at this same meeting the Council did oblige and adopt Resolution 288, which appears to be the only record of any understanding on the question. 4. That sin¢e there appears to be no record of the exact details of an� previous understandings and considerations the disregard oE the pro- visions of the subdivision ordinancea then in existence in adopting said resolu tion an act of ultra vires may have been involved. 5. That the resolution in question did indicate that the Land i�evelop- msnt Company was obligated to clo its development lot by lot, block by block, this they apparantly did not conform to. 6. That subsequently, and notwithstanding non-conformance with the terms of said resolution others were permitted to benefit from said agreements, again notwithstanding the requirements oF our subdivision ordinances. 7. That a likelyhood exists that the Court Decree mentioned was obtained without all �he facts to establish its propriety having been presented to the court. � l�iuch raore could be said, but as I have previously stated, I am not an attorney, and would prefer to have a man of the legal profession give us the """� a.nswer s. Accordingly, I again offer my previous motions as offered at our meeting of May 13th and June lOth. Louis Weiss, Councilman Councilman Weiss moved that the entire matter and related questions effecting the 4�ater � , Department indebtedness which is the subjeet of the petition be referred to the City ""'� ; Attorney for exploration, determination of 1ega1 questions and problems involved, and ' that he submit his opinion as to the validit� of any and all mat#�ers involving the C arson-Monckton, Land Developm�nt and other water deals with the City, and in the ' event the press of ��her matters or current work in his department is oF such volume as would prevent his giving this matter reasonably diligent and expenditious attention . wy��.� -� ......-��_�.,�.��: _._.� . ,t _ ��_.� --- - �.,� ..�