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<br />16 <br /> <br />MAYOR DEMOS: Once a petition has been brought in which contains <br />35% of the signatures along an affected area, we are required by law <br />to hold a hearing. We have no choice. We are required by law to <br />hold a hearing once the petition is brought in if it contains the <br />signatures of 35% of the property owners. We have no choice. We <br />couldn't arbitrarily say we're not going to do that street. <br />The question in my mind, and I will ask the attorney at this <br />point - if a petition comes in with 35% to pass this - we may be <br />guided by the number of people for or against but that is not the <br />ruling factor. The ruling factor is the votes that are cast on <br />the Council. That would be three votes when something is brought <br />in by petition. If a project is Council initiated, which none of these <br />tonight have been, it requires four votes. My question to you is, <br />since the first petition requesting the improvement had 35%, does <br />that still hold for 3 votes or does it now require 4 votes since <br />some of those people are now on the petition opposing the improve- <br />ment. <br /> <br />MR. ROBERT BELL: Because of financing (inaudible) as far as <br />I'm concerned, if the petition met the legal requirements of 35% <br />then obviously 3 out of 4 could vote, but if there's some problem <br />with the petition (inaudible) I suppose the financing people that <br />approve the bond issue (inaudible) you'd have to get the attorney <br />selling the bonds to consider this - if it was a qualified petition <br />that qualified under the 35% then it would only take 3 votes and <br />I'd ask the bond consultant to ask if the bond counsel if the banks <br />would be satisfied that (inaudible) They'd probably say we want <br />all four votes. <br /> <br />MAYOR DEMOS: We will need a unanimous vote for this. <br /> <br />MR. THORSTENSON: The original petition - if you took another <br />one today you'd get a different result. <br /> <br />~~YOR DEMOS: That's the one we advertised the hearing on - <br />that first petition. <br /> <br />COUNCILMAN KEHR: Mr. Bell answered my question before I asked <br />it. Which petition supersedes which one? <br /> <br />r1R. BELL: If you have a petition that meets all the require- <br />ments and the banks or everybody is satisfied, but I doubt if you <br />have that kind of petition. That's why they say you require all <br />four votes. <br /> <br />MR. RAY ZEILINGER, 2803 North Oxford: I'm for the proposed <br />new road. We need it very badly. The road is in such bad shape <br />we get so poor drainage north of my place there's just water <br />puddles there. I paid $200 assessment for water (inaudible) <br />sewer and I don't get drainage north of my place. My driveway is <br />situated such that they have a curb - they have built up the <br />blacktop so the water runs in the road but it's built up so high <br />when I back out of my driveway my car will botton. Automobiles <br />are expensive and I can't afford to be replacing from bottoming <br />every time I go out of my driveway. I'm paying my taxes also <br />