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3,+A- ID <br />proposed amendment or recommend the adoption of the proposed amendment subject <br />to such modifications as the Commission finds proper. <br />C. The Commission's action in either terminating proceedings on a Commission <br />resolution of intention or in recommending that an amendment proposed by Council <br />resolution be, or not be adopted shall not be appealable. <br />44:5 41.7 Filing with Clerk. <br />The Commission's recommendations shall be filed with the City Clerk. The <br />Planning Department shall transmit therewith such records, maps, and reports as the <br />Commission or Council directs. <br />44-.7 41.8 Council Hearing. <br />The Council shall hold a public hearing on the proposed amendment within forty- <br />five (45) days after the Commission's recommendation is filed with the City Clerk or <br />within forty-five (45) days of the filing of an appeal if the Commission's action has been <br />to deny a property owner's application. The time and place of public hearing shall be <br />set by the City Clerk. <br />444 41.9 Council Action. <br />A. The Council shall take action on each proposed amendment as follows: <br />1. Terminate proceedings or deny the property owner's application if it <br />finds that the proposed amendment is not in the public interest. <br />2. Adopt the proposed amendment, subject to such modifications as the <br />Council finds proper, by ordinance if it finds that it is in the public interest. <br />3. Refer the proposed amendment or a proposed modification back to the <br />Commission for further review. <br />B. In the event the Council refers back an amendment or modification to the <br />Commission, the Commission shall, by motion, make its recommendations on the <br />proposed amendment and modification to the Council. No public hearing need be held <br />on the proposed modification by the Commission. Failure to make a recommendation <br />within forty -five (45) days shall be deemed to be approval of the modification. Upon <br />receipt of the Commission's recommendation, the Council shall hold a final public <br />hearing as provided by Section 44.7 41.8, at the conclusion of which the Council may <br />adopt the proposed amendment in such form as it finds best serves the public interest. <br />In lieu of holding a final hearing, the Council may continue the hearing set under <br />Section 417 41.8 pending receipt of the Commission's recommendation. <br />444 4.10 Adoption of Amendment. <br />F:Atty /Ord /O rd.194 Red <br />072503 3 <br />