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1012712003 <br /> <br /> B. If the Commission finds the proposed amendment to be in the public interest, <br />the Commission shall, by motion, recommend to the Council the adoption of the <br />proposed amendment or recommend the adoption of the proposed amendment subject <br />to such modifications as the Commission finds proper. <br /> <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 /> <br /> 41.7 Filing with Clerk. <br /> <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 /> <br /> 41.8 Council Hearing. <br /> <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 /> <br /> 41.9 Council Action. <br /> <br /> A. The Council shall take action on each proposed amendment as follows: <br /> <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 /> <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 /> <br /> 3. Refer the proposed amendment or a proposed modification back to the <br /> Commission for further review. <br /> <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 41.8, at the conclusion of which the Council may adopt <br />the proposed amendment in such form as it finds best serves the public interest. In lieu <br /> <br />F:Atty/Ord/Ord. 194 1130-326 <br />101403 3 <br /> <br /> <br />