CCP 11-19-2001 - Laserfiche WebLink

Home Browse Search

. - . Saginaw Broadcasting Co. v. FCC, 96 F.2d 554 (D,C. Cir.), cerr. denied, 305 U.S. 613 (1938). 164 HANDBOOK FOR MINNESOTA CITIES A preamble that summarizes the council's actions at the hearing and states the purpose of the application; . . Findings of fact (individually numbered); . Conclusions or reasons; . A decision; An opinion if any: and, A copy of the transcript, tape recording or, at a minimum detailed minutes that include all objections and rulings on them (if any). The federal courts have suggested that a hearing body adhere to the following sequence in arriving at a decision: . Council takes and weighs the accuracy and credibility of evidence; . After careful consideration of this evidence, the body makes a determination of facts that are of a basic or underlying nature; . From the basic facts, the body makes findings or conclusions often in the language of the statute or ordinance; and, . . From this finding, the council makes a decision following the statutory criterion. When a council prepares precise findings of relevant facts, a well- reasoned decision results. When a council can demonstrate that its conclusions are consistent with all of the facts in the record, its decision is likely to be upheld if judicially challenged. Tbe record should also demonstrate compliance with all constitutional requirements, as well as all statutory and ordinance procedural requirements. (Often, due process deficiencies, such as lack of notice, provide grounds for appeal), Motions, resolutions and ordinances Passing ordinances and resolutions City councils enact policies through ordinances and resolutions. Any member of the council, including the mayor, may introduce an ordinance or resolution. When ordinances or resolutions are before the council, the council may act upon them at once, refer them to a .