M E M O R A N D U M 06-14

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CITY CLERK

DATE: NOVEMBER 18, 2005

SUBJ: COUNCILMEMBER HEIMBUCH REQUEST THAT RESOLUTION 06-09(S)(A) BE RESCINDED.

Councilmember Heimbuch issued Notice of Intent to Rescind Resolution 06-09(S)(A), on Monday, January 30, 2006.

There are no time limits associated with actions to Rescind, which is the same as repealing or annulling.

This is a debatable question and debate can go into the merits of the question which it is proposed to rescind, in other words Council may debate whether or not ro rescind Resolution 06-09(S)(A) and Council may debate the merits of Resolution 06-09(S)(A).

A motion to rescind can be amended in that it can become a motion to strike out only a part of what is proposed to rescind. It cannot however, be amended to the point of exceeding the scope of the previous notice given, to make the change greater than what has been proposed.

A negative vote on the motion to rescind may be reconsidered, but not an affirmative vote.

RECOMMENDATION:

MOVE TO RESCIND RESOLUTION 06-09(S)(A).

Fiscal Note: NA

If the above recommended motion is made and passed then Resolution 06-09(S)(A) is repealed.