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255 <br /> <br /> MINUTES OF THE SPECIAL MEETING <br /> <br /> OF THE CITY COUNCIL <br /> <br /> December 4, 1992 <br /> <br /> Mayor Ben C. Tarver called the Special Meeting of the City <br />Council to order at 2:00 p.m. <br /> <br /> City Clerk Peggy L. Ezidro called the roll, which is recorded <br />as follows: Councilmembers Karin Mohr, Thomas P. Pico, Jr., <br />Dorothy N. Scribner and Mayor Ben C. Tarver. Staff members present <br />were: Deborah Acosta, City Manager, and Michael H. Roush, City <br />Attorney. <br /> <br />Kottinqer Hills Referendum <br /> <br /> Michael Roush indicated the City Clerk had received petitions <br />with 4,302 signatures. The next step is for the City Clerk to <br />verify the signatures by random sampling. In the event the proper <br />number of signatures are verified, a report will be brought to <br />Council certifying the petition. At that time, Council has the <br />option to repeal the ordinance or to call for an election. <br /> <br /> Mr. Tarver inquired if the referendum could be placed on the <br />ballot before the verification process is complete. <br /> <br /> Mr. Roush indicated it could not be done in the form of a <br />referendum. <br /> <br /> Mr. Tarver then asked what happens if there is a tie vote on <br />repealing the ordinance or calling for an election. <br /> <br /> Mr. Roush said that if there is a tie vote on repealing the <br />ordinance and if there is a tie vote on not calling for an <br />election, there is a statutory duty to do "A" or "B". If neither <br />happens, someone could file a court action mandating Council to do <br />one or the other. Until that time, nothing happens. <br /> <br /> Mr. Tarver asked what would happen in the event of a tie vote <br />on calling an election to fill the vacant Council seat. <br /> <br /> Mr. Roush indicated a court would mandate the Council to <br />appoint someone or to call for a special election. He did not <br />believe the court would choose one option over another; that would <br />be up to the Council. <br /> <br /> Mr. Pico asked what the personal liability of the Council <br />would be. <br /> <br />12/04/92 1 <br /> <br /> <br />