HomeMy WebLinkAbout09/13/1971 Business Meeting x248
SEPTEMBER 7, 1971 - SEPTEMBER 13, 1971
,Since Monday, September 6, 1971, was a legal Holiday, the regular meeting of the City Coun-
cil would have been held on Tuesday, September 7, 1971. No meeting was convened on Sep-
tember 7, 1971, due to the lack of a quorum.
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ATTEST: .
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C I T Y C L E R K - • MAYOR
SEPTEMBER 13, 1971
The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith,
Lambert, Lust, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present
on roll call.
The Invocation was given by Councilman-Lust.
The minutes of the regular meeting August 30, 1971, having been duly certified accurate
by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Lar-
son declared said minutes approved as•recorded. (No meeting was held on September 7, 1971,
due to the lack of a quorum.)
This being the time fixed for the Hearing.on Petition No. 700, filed by N. A. Medley &
Others, requesting annexation of property located East of South 48th. Avenue and South of
Nob Hill Boulevard, Mr. Max Vincent spoke.to the matter requesting a continuation of this
Hearing , as those concerned had no..opportunity.to adequately. prepare. for said Hearing.
Planning Director, Jay. Otto.,..reviewed..the.request for.annexation stating that it had been be-
fore the Boundary . Review Boa rd.. and..a_.valid annexation .petition_thas . been.. filed. with the City
Council. After due discussion, it. was_MOVEa :by.Keith, seconded:.by McNeice that this Hearinc
be continued to September 20, 1971.: carried, Brown, Keith, Lambert.,.Larson, Lust, McNeice
and Robinson . voting aye by.voice vote.
Petition No...687, having been.filed with.the City Clerk on. September 9,.1971, by Pat
'et al, requesting annexation..of :property located.southwest..of. the intersection .of.S. 1st.
Street and Old Town it.was MOVED :by Keith,..seconded by Robinson.that* the Petition for
Annexation filed by Pat Roche, et,.ai, being Petition No..687, be approved as meeting the
requirements of law; that..said Petition be referred.to the City Manager and Planning Com- .
mission for study and recommendation.; and. that October 18, 1971, be set as the date for a
public hearing by the 'City Council on.this..Petition:carried, Brown, Keith, Lambert, Larson,
Lust, McNeice and Robinson voting.aye by voice vote.
A Damage Claim. having..been.filed with the City.Clerk on. September ..7.,.19.71, by Mrs. Cecil
Warriner, 2001 Tieton Drive,._ for damages in.the amount of $51.56, caused. to her
by a man -hole cover, it was MOVED by McNeice, seconded_by Lambert that said damage claim be
referred to the City Manager and..Staff.for.study and.recommendation: carried, Brown, Keith,
Lambert, Larson, Lust, McNeice and- .Robinson.voting aye by voice vote. �.
City Attorney Andrews explained.that in.conformance with.the..recommendation by the Parks
and Recreation Commission and the_City Council for a bond issue, an.Ordinance providing for
a special election' for the approval.or..rejection_of a Parks. and Recreation Bond issue in
the amount of $1,900,000 has been.prepared.'.. After due discussion, it was MOVED by Brown,'
seconded by Keith that Ordinance No- .1333,_providing.for a.special election for providing •
$1,900,000 in the.form.of.general_.obligation bonds to.pay for.the cost of acquiring, con-
structing, equipping.and making certain_capital improvements to the park and recreation
facilities of the City, be.passed as.. read:.. carried, 'Brown,_Keith,.Lambert, Larson, Lust,
McNeice and Robinson voting..aye.. on. roll . call.
ORDINANCE NO. 1333, AN ORDINANCE..of the..City,.Council.of the City of Yakima, Washington, pro -
viding for submission to the, qualified electors of the city at a special election to be
held'therein on November 2, 1971, of a.proposition of whether or not the city should issue
its unlimited tax levy general..obligation.bonds inthprincipal. amount of $1,900,000 for
the purpose of providing part_of, the funds .to pay.the cost .of acquiring, constructing,
equipping and. making certain capital improvements the park.and.recreation facilities of
the city, and declaring an
City Manager McMicken explained that as.a result of further study and consultation. with
Matt Young, Fire Chief,- and conversations and correspondence with.the American Insurance
Association, which advised them on.this subject matter, that the proposed Fire Bond Issue
has been revised. Fire Chief Young spoke to the matter explaining that the change is in
the mechanics and language and. not in..the..amount of monies required. Chief Young referred
to his memorandum, which..proposed a.relocation.of Station No. 1 to the north in_ the vicinity
of North Front Street and "D" Street,. retainage of Station No. 2 at its present location on
7th Avenue, and construction of a.new..station in the vicinity'of.Nob Hill Boulevard and
east or west of the railroad.tracks. .After due discussion, it was MOVED by Lambert, secon-
ded by Robinson that Ordinance No. 1334 providing for a special election for providing
$1,100,000 in the form of general obligation bonds to pay for the..cost of acquiring, con-
structing, equipping and making certain capital improvements to the fire department facili-
ties of the city, be passed as_read.: carried, Brown, •Keith,.Lambert, Larson, Lust, McNeice
and Robinson voting aye on roll call.
ORDINANCE NO. 1334, AN ORDINANCE_.of.the.City Council of the City of Yakima,. Washington, pro-
viding for the submission to the. qualified electors of the city at a special election to be
held therein on November 2, 1971,. of a proposition of whether or not the city should issue
its unlimited tax levy general.obligation bonds in the principal amount.of $1,100,000 for
the purpose of providing funds to pay. the cost of acquiring, constructing, equipping and
making certain capital improvements to the fire department facilities of the city, and de-
claring an emergency.
• , . -249 • ■ .. . SEPTEMBER. 13 ; 1971 . _ .. . • •
Petition No. 712 ,. Notice .o,f .Intention.toCornmence Annexation. Proceedings, having been filed .
with the City Clerk..on _.September_. 3., ..1.971., _by Donald .L......Brule_ & .Other.s; _requesting annexa-
tion...of property .located_.on ..the west ..side.-.of...4.8th._Aven,ue,., ..West.. of , Randall. P.ark, .it was
MOVED.by Robinson., . seconded." by Keith.... that_ .this :..date*.be._ set...,as .. -the •time for' a meeting with
. the . initiating -parties-. who_,signed._.the..Notice... of .In.tention :..to :.Commence. Annexation Proceed-
,
. . ings...dated September •3a '.1971., those initiating parties ._being ..Donald; L.. .and. Sylvia M. Brule
and Clarence E. and Roberta Marshal• 1..:... .carried_,.,.Brown:,,:_Keith, Lambert.., Larson, Lust, McNeice
and Robinson .voting aye by...vo•ice...vo.te .. Messrs..: Brule:..and. Marshall.,.: being present .and indi-
cating that they are._ willing.. to...assume..their. share.,oL the-....City' s . existing.. indebtedness , it,
was ..duly moved, seconded and. passed -_,that: the . annexation..pro.posed.. by petition no. 712,
. (Notice of Intention to Commence ..Annexation Proceedings ). _.be accepted. by the City of Yakima
and that the area..sought_.to be. annexed:.be required..:.to. assume. the City's ..existing indebted-
ness, and that a Notice :.of .Inten.tion._to.Annex. be:.filed.. with ...the ..Yakima.. County Boundary Re-
view Board. The above.MOTION.. was made by Robinson, seconded' by Brown and carried, Brown,
• Keith, Lambert ,..Larson,.Lust.,.McNeice and Robinson voting.aye by voice vote.
. The._matter.of an ordinance granting a franchise Community Cablevision, Inc., to
operate and maintain a community antenna. television system throughout the City of Yakima,
was.brought on for discussion.._ The matter :was referred to Councilman Brown who has been
one of the members of a committee to.study the bids submitted August.24, 1971. Mr..Brown
• stated in part: "There were two evaluated proposals which .we tho il.t. re the best of the
*fi.ve received. At present time, and speaking for myself and�'th.�el ► l of the °Conn-
cil; I do not believe that.Cable TV should be placed on the ballot on November.2,.1971. Two
questions..which come to our.mind are; (1) Will the, quality or amount of "FREE." TV be
lessened? We do not have the. answer for this. (2) Will. we .receive several. Canadian Sta-
tions or will we receive just..one additional signal, probably. the independent: #12 out of
Portland? The Federal Communications Commission.has.come , up..with an entirely.new set of
rules.and operating under these rules, the.City of.Yakima with.CATV be allowed.to
bring in•one only additional signal.' We do not know. whether these FCC regulations will be
accepted by Congress or exactly what will happen. This•area is thesmallest.three-station.
TV market in the U. S. .'
Even.though -this is a' "clear picture" this time, there seems to be
little.interest or desire for.Cable'hookup. • After four.�.turndowns,..admittedly clouded each
time, is there a desire for CATV. within :the.:city? . If so , where are- the people who want
this? I believe._. that if all we .can _do is bring 'in outside., station._in addition to. the •
fringe• benefits, •we •don't have much to offer the citizensof Yakima. I do, not think that
we have at the present time enough.to•offer'the citizens of to make it:worthwhile
placing it on the ballot." ,Councilman Keith stated in "I concur completely with
premises.that..Mr..Brown.has suggested.here. One year - ago the' proposals for CATV were de-
feated. At that time the Council discussed the matter and felt that their procedure was
- the appropriate.procedure to initiate. There are two reasons.for our decision: *(1) We are
in.a of flux on the matter...of..FCC.regulations. Proposed rules that have been issued
are not confirmed.with.Congress.._It seems appropriate. that we delay_our action until this
happens. • (2) This issue very complex... Perhaps. in the. future .we should seek consulting
engineers '. advice'before the matter_is placed before the voters.. There'are ' impor-
tant issued on the November ballot,. and. there is a.limit to the voters can be subjec-
ted to.. The timing is .inappropriate. .Thisissue. should be..delayed." Mr. Paul Goode,.»
. Attorney for Yakima Community Cablevision, Inc., stated,in.part:. "The issue of CATV has
always been in the state of flux':' It is•.a* new industry. If we waited,'no new station
would.be set up.' It seems while..this has -been voted on several.times,, it has. not always
been presented in an_objectual way. I think the voters should have a right -to -•pass upon.;
this: - There..is valid argument. This is not a.taxing proposition; and ` it - is not -.
going to cost any money. It is an accepted industry.throughout the.. country.. Yakima is. one '
of the few towns that have bypassed it. I.submit that the Co.uncilshould-pursue'-this-pro-
gram and try to .avoid some .of the mistakes made - in presenting it to the.people in the past.
There is an orderly way to present._it.. If the, people.are not interested, they'can still
Il _ register•their vote at the polls.. " - .:After due was MOVED by Keith, seconded .
by .Brown .that • the Ordinance..granting a..non- exclusive franchise to Yakima Community. Cable-
vision, Inc., and the Resolution- placing said Ordinance before the voters for.a..vote on the
. . franchise, be postponed..indefinitely:.- carried,. Brown,.. Keith.;Lainbert,_Larson"and McNeice
. voting by voicevote...Lust voting.nay by voice vote: Robinson asking - to be excused •
from voting. Councilman Lust stated in part: "They are saying this issue should be delayed
in definitely because the rule.making hasn't been.completed :by.the Federal Commission. We
. should refer it-to the.people.. We.are not doing that.now,..and this makes it possible for :
• one or more companies to come on :an .initiative. petition so. that the Council won't
have control over what is done."
In accordance with Council action'on August 30, 1971,.re.revision of the Household Transit
Tax, and an Ordinance having prepared, it was MOVED by Robinson., seconded Brown
that Ordinance No. 1336.1evying a.multiple dwelling housing unit subsidy tax, be passed as
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read: carried, Brown,. Keith,.L Larson, Lust, McNeice and Robinson voting on roll
. . call.
ORDINANCE NO..1336,.AN to.the operation of .the public transportation
. ,system of the City of Yakima; levying and providing for.the• collection of a multiple dwell-
ing housing .unit...transit subsidy -tax; specifying amethod.of.computing s.uch.tax; limiting
. the use .of proceeds from such tax;and.declaring it :to be : unlawful to refuse to pay said .
. tax and providing for punishment on. conviction' thereof: .
The Planning Commission recommending the approval of Rezone Applications-filed by Reverend
III Leland V. Gross, President, The Church of the Central Assembly .of God, requesting a Planned
Development located at 1002- 1006: South - 3rd Avenue, and by Ed Baumgardner, requesting rezone
of property located at 105 -115 North 5th Avenue' and 106 -116 North 6th. Avenue., it was MOVED
by Robinson, seconded by Brawn that September 27, 1971, be as the time for a Public
Hearing on each of these matters: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and
Robinson voting aye by voice vote. _
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City Clerk, Marie Donelson reported on the referendum election held on August 31, 1971, in
accordance with Article XVI CIVIL SERVICE, Section 3 (b) She stated that as a result of .
this election the names of Byron W. (Bud) Yaden; Harry A. Popp, Sr: .and Daryl'B. Leonard can
now be certified to the Council' from which the Council can appoint a successor to the posi-
tion now held by Byron W. Yaden on the Civil Service Commission. After due discussion, it .
was MOVED by Lambert.,.• seconded by Brown that the Council authorize 'the of .Byron
W. 'to thin - position on the Civil Service Commission: carried, Brown, Keith, Lambert,
Larson, Lust, McNeice and Robinson voting aye by voice vote. A vacancy having been created
by the resignation of Bert Broad on the same Civil Service Commission, it was MOVED by Mc-
Neice, seconded by Lambert that the Council authorize the appointment of Daryl B. Leonard to
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SEPTEMBER 13, 1971
fill the unexpired term of Mr. Broad on the Civil Service Commission: carried, Brown,. Keith,
Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Discussion indicated
that these are 6 -year terms. Mr. Yaden will serve until June 1, 1977 and Mr. Leonard will
serve until June 1, 1975.
The City Treasurer submitted the following report for the month of August, 1971:
August 31, 1971
Mr. Craig McMicken
City Manager
Yakima, Washington
Dear Sir:
The following investments were purchased during the month of August, 1971:
SEWER CONSTRUCTION
YAKIMA L.I.D. #978 - WARRANT #12 @ 7% $ 24,343.00 $ 24,343.00
WATER -SEWER REVENUE BOND RED. 1968 RESERVE ACCOUNT
(Purchased from W -S Rev. Bd. Red. 1968 Pr. & Int.) 20,137.50 20,137.50
U.S. TREASURY NOTES #693/4 @ 10M - DUE 2/15/78 - SKR #61596
CEMETERY TRUST
YAKIMA L.I.D. #982 - WARRANT #4 @ 61/2% 1,918.35
YAKIMA L.I.D. #982 - WARRANT #5 @ 6 4,280.65
YAKIMA L.I.D. #982 - WARRANT #6 @ 6 131.25 $ 6,330.25
Total investments purchased during the month of August, 1971. $ 50,810.75
The following investments were sold during the month of August, 1971.
TREASURER'S SURPLUS CASH
YAKIMA L.I.D. #922 - INSTALLMENT LOAN NOTE $ 2,201.32
DIFFERENCE IN EXCHANGE SUBSCRIPTION 200.00 $ 2,401.32
(U.S. TREASURY NOTES DUE 8/15/71 @ 100M - SKR #55295
TENDERED IN EXCHANGE FOR 100M U.S. TREASURY NOTES DUE
11/15/1975)
WATER -SEWER
U.S. TREASURY DISCOUNT BILL #1502273 @ 100M - SKR #53350 94,149.31 94,149.31
WATER -SEWER REVENUE BOND RED. 1964 RESERVE A/C
U.S. TREASURY DISCOUNT BILL #610831 @ 50M - SKR #50422 46,750.49 46,750.49
WATER -SEWER REVENUE BOND RED. 1968 RESERVE A/C
U.S. TREASURY DISCOUNT BILLS #5268412/5 @ 10M - SKR #51844 37,632.31
U.S. TREASURY DISCOUNT BILLS #5268362/4 @ 10M - SKR #50423 28,050.29. 65,682.60
WATER -SEWER REVENUE BOND RED. 1968 PR. & INT.
U.S., TREASURY NOTES #693/4 @ 10M - SKR #61596 20,137.50 20,137.50
FIREMEN'S RELIEF & PENSION
YAKIMA L.I.D. #899 - INSTALLMENT LOAN NOTE 632.86
YAKIMA L.I.D. #910 - INSTALLMENT LOAN NOTE 357.87
YAKIMA L.I.D. #923 - INSTALLMENT LOAN NOTE 567.92 1,558.65
CEMETERY TRUST
YAKIMA L.I.D. #884 - INSTALLMENT LOAN NOTE 812.35
YAKIMA L.I.D. #897 - INSTALLMENT LOAN NOTE 178.10 990.45
L. I. GUARANTY
U.S. TREASURY DISCOUNT BILL #610832 @ 50M - SKR #50431 46,750.49
YAKIMA L.I.D. #891 - BOND #21 500.00 47,250.49
Total investments sold during the month of August, 1971. $278,920.81
APPROVED: INVESTMENT COMMITTEE Respectfully submitted,
s/ JOHN M. LARSON MAYOR Doris A. Hufferd
s/ CRAIG MCMICKEN CITY MANAGER Deputy City Treasurer
s/ W. LEONARD CROSE DIRECTOR OF FINANCE
s/ WALTER CHAPPEL CITY TREASURER
DAH:dh
It was MOVED by Keith, seconded by McNeice that the report of the City Treasurer dated
August 31, 1971, regarding the investments of the City of Yakima, be accepted and approved:
carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote.
City Manager McMicken referring to the matter of certification by the City Engineer of the
completion of work on Public Works Contracts, as follows and the recommendation that the
work be accepted and final payment made:
CONTRACT AWARDED .
PROJECT AND CONTRACTOR FUND AMOUNT
McCargars Westside Tracts and November 9, 1970
Others Paving District Yak. Cem.' & Asph. Pay. Co. LID #981 0.00
North 16th Avenue.& Lincoln June 1, 1971
Avenue Street Widening Improvement Superior Asph. & Conc. Co. LID #982 6,168.80
it was MOVED by Robinson, seconded by Keith that the report of the City Engineer dated Sep-
tember 8, 1971, with respect to the completion of the work on said Public Works Contracts,
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SFPTFMRER 13. 1971 SEPTEMBER 17, 1971
be approved, the work be accepted and payment of the final estimate as therein set forth is
hereby authorized: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting
aye by voice vote. .
City Manager McMicken referred the matter of the recommendation by -the Planning Commission
• for an outside utility request to Planning Director,' Jay Otto who explained that this is a
request-made by Hopcon, Inc:'for domestic water and sewer service property located'on
the westside of Gordon Road approximately 600 feet north of its intersection with Tamarack
Street Mr. Otto stated•that this time annexation of this property alone would estab
an irregularity in the city's boundaries, and that at•such as the facilities are-com-
plete and the assessed value has increased perhaps an annexation could be'considered. City
Engineer; Fritz Jaeger'indicated that water service can be provided to the . proposed site by
the extension of a 12 -inch water which is located along the south of the Cabana
Motel property, extending as far,west as Gordon'Road. After-due discussion, it was MOVED
by McNeice, seconded•by-Robinson :that said-Outside Utility request be granted: carried,
Brown, Keith, Lambert, Larson,.Lust, McNeice and Robinson voting aye by voice vote.. -
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City Manager McMicken explaining that it is deemed necessary and to the best interests of
the City that nationally recognized bond counsel skilled in such matters be retained to
draw the ordinances, resolutions, notices and other documents-necessary for the authoriza-
tion, issuance, sale and delivery of the bonds of the Park and Fire Bond Issues and to give
their opinion as to the validity thereof at the time of times of their sale, it was MOVED
by'Lust, seconded by Robinson that Resolution No. D -1723 retaining counsel for said ser-
vices, be passed as read: carried Brown, Keith, Lambert, Larson, Lust, McNeice and Robin-
son voting aye on -roll call.
RESOLUTION NO. D -1723, A RESOLUTION of the City Council of the'City Yakima, Washington,
retaining counsel for certain services in connection with the authorization, issuance, sale
and'delivery-of general obligation park improvement•bonds in the principal of
$1,900,000 and general obligation fire department improvement bonds-in-the principal amount
of $1,100,000. - - . .
City Manager McMicken referred to a request for outside City domestic water and sewer ser-
- vice - to property located at•906 W. Mead Avenue, owned•by Emanuel.Kautzman, and recommended
that the-City Council authorize- -this outside water and sewer service subject to the signing
of the Outside Hookup Agreement. After due discussion, it was MOVED by Keith, seconded by
Robinson that said Outside Utility Service be approved: carried, Brown, Keith, Lambert, Lar
son Lust; McNeice-and Robinson voting aye by:voice vote. •• -• - - .. •
City Manager McMicken 'referred to his report #131, .City -Hall Space Reallocation; which he
reviewed and explained that the relocation-of the County Health District'will o offic:
space for functions of City government and a study has been made determine the amount
and type of-space-required-for functions being performedat City-Hall. Mr :-McMicken - furthe
explained that -the costs will • be budgeted the City Hall budget and-that the
current plans for reassignment of• space -are not final-and -are -subject to •further review;
however, space assignment plans have been discussed with all Department Heads and have met
with their general approval. After due discussion, it was recommended that no action is
necessary by the City Council at this time.
City Manager McMicken requesting authorization- for William Thomas and - Rex Burnham, Police
Department, to travel to Roseburg, Oregon to attend the Northwest Check Investigator's
Seminar, it was MOVED by Keith, seconded by Lust that said travel be allowed with expenses
paid: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voic
• vote.
City Manager McMicken. explaining that the September 26, 1971 date scheduled for the dedica-
tion of the new Water Treatment Plant would not allow—enough time to get the necessary pre-
parations done, it was suggested that the dedication be rescheduled for October 3, 1971.
City Clerk, Marie Donelson advised the City . Council that on September 10, 1971 an initia-
tive petition was filedwith her by Lorne House, State Director of Property Owners Protec-
tion'Association, Inc., setting forth an ordinance prohibiting the expenditure 'of City
funds for urban renewal projects without approval by a majority vote. The Clerk indicated'
that the certification of signatures has not been completed at this time.
. City Manager McMicken referred the matter of the"Emdtgency Employment Act of 1971 to Coun-
cilman Brown, who reported that the City's request for funding of 15 job applications has
been granted. . •
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There being no further business to come before the Council, it was MOVED by Lust, seconded
by McNeice that we do now recess at the hour of•5:15 P.M., and reassemble at the hour of
8:30 A.M. on Friday, September 17, 1971:' carried, Brown, Keith, Lambert, Larson, Lust, Mc-
Neice and Robinson voting aye by voice vote. •
RECESSED MEETING - FRIDAY, SEPTEMBER 17, 1971 - 8:30 O'CLOCK A.M.
The City Council met pursuant to recession on this day and at this hour with Mayor Larson
presiding, Councilmen Brown,.Keith, Lambert, Larson, Lust, McNeice and Robinson, City Man-
ager McMicken and City Attorney Andrews present.
The regular meeting of September 13, 1971 was recessed until this hour and date for the
purpose of taking such legal steps as necessary to place any initiative petitions which
have been duly checked and certified as eligible to be placed on the November 2, 1971 bal-
lot. Only one such petition has been received, namely the petition filed by Lorne House,
State Director of Property Owners Protection.Association, said petition setting forth
"An Ordinance Prohibiting the Expenditure of City Funds for Urban Renewal Projects without
Approval by a Majority Vote ". The City Clerk reported that 7,869 votes were cast at the
last City General Election held on November 14, 1969 and that the number of signers 'on the
petition is approximately 1,833, of which signers she has validated more than 1,600 as qua-
lified electors, which is more than 20% of the total number of votes cast at the last pre-
, ceding City General Election and required by our City Charter. After due discussion, it
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