BOOK 27_1957-06-17 to 1960-07-25

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8 ` 10 A copy of this report, which is a digest of statistical data taken from the official records, and which has required considerable research by the Water Superintendent and his staff, as well as the City Clerk's office, is attached hereto for the Councills consideration. Obviously, however, any questions pertaining to "conformance to law" which has been mentioned in these discussions, should b e referred to the City Attorney, or some other person qualified to make legal determinations, since such matters are beyond the province of administrative officials., E. A., Rolison, City Manager The City Attorney stated that a copy of the court judgement 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 judgement looked i ? all right to him. Councilman Weiss read the following prepared statement. To begin with I wish to call 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, I therefor presume that j 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 complied with Councilman Herkner's expressed stipulation that the report i contain an affirmative statement that "it was approved by legal couns8l." It * is also very interesting to note that the City_ Managerts closing remark insaid report correctly states that a proper determination of the legal questions involved is beyond administrative officials and should be deter- mined by appropriate people of the legal profession such as the City i! Attorney. Since we have done so much talking and bandying of words, I offer at this ! time a brief outline of my reasons for questioning the propriety of these transactions. Naturally as layman not gounded in legal matters, they are. j not all inclusive: 1. It appears that at the March 18, 1946 council meeting City Manager E. Blum 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 ij 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 since there appears to be no record of the exact details of any previous understandings and considerations the disregard of the pro- visions of the subdivision ordinances then in existence in adopting said resolution an act of ultra vires may have been involved. 5. That the resolution in question did indicate that the Land Develop- ment Compariy was obligated to do 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 the facts to establish its propriety having been presented to the court. Much more could be said, but as I have previously stated, J - I am not an attorney, and would prefer to have a man of the legal profession give us the answers. Accordingly, I again offer my previous motions as offered at our meeting of May 13th and June 10th, Louis Weiss, Coum ilman Councilman Weiss moved that the entire matter and related questions effecting the Water Department indebtedness which is the subject of the petition be referred to the City Attorney for exploration, determination of legal questions and problems involved, and that he submit his opinion as to the validity of any and all matters involving the Carson -Monckton, Land Development and other water deals with the City, and in the event the press of 61her matters or current work in his department is of such volume as would prevent his giving this matter reasonably diligent and expenditious attention