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AGENDA ITEM REVIEW FORM |
3.A.
Special City Council Meeting
- Meeting Date:
- 06/05/2024
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 2311. A resolution of the Mayor and City Council of the City of San Luis, Arizona, correcting a scrivener’s error nunc pro tunc in Resolution Number 2310; repealing conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background
On May 22, 2024, the City Council passed Resolution No. 2310, which established deadlines for pro and con statements on the Southwest Gas Franchise Agreement. After the meeting, a typographical error was found in the body of Resolution No. 2310 in Section 1, where it referred to "Alternative Expenditure Limitation" rather than the correct reference to "Southwest Gas franchise agreement." It was clearly a mistake because:
(1) on the printed agenda for May 22, 2024
On May 22, 2024, the City Council passed Resolution No. 2310, which established deadlines for pro and con statements on the Southwest Gas Franchise Agreement. After the meeting, a typographical error was found in the body of Resolution No. 2310 in Section 1, where it referred to "Alternative Expenditure Limitation" rather than the correct reference to "Southwest Gas franchise agreement." It was clearly a mistake because:
(1) on the printed agenda for May 22, 2024
(a) the previous item on the agenda (6.D.) dealt with the pro and con statements for the Alternative Expenditure Limitation,
(b) immediately following the item listed, 6.D. was item 6. E., which was an identical matter except that it dealt with the Southwest Gas franchise agreement pro and con statements,
(c) the agenda item review form for 6.E. only had references to the Southwest Gas franchise in the caption and in the summary
(d) the attached resolution No. 2310 had Southwest Gas franchise in the caption.
(b) immediately following the item listed, 6.D. was item 6. E., which was an identical matter except that it dealt with the Southwest Gas franchise agreement pro and con statements,
(c) the agenda item review form for 6.E. only had references to the Southwest Gas franchise in the caption and in the summary
(d) the attached resolution No. 2310 had Southwest Gas franchise in the caption.
(2) at the Council meeting of May 22, 204
(a) in the listed order of the agenda, immediately following the Alternative Expenditure Limitation, the Southwest Gas franchise item was called, verbally referring to the Southwest Gas franchise, and
(b) the verbal presentation was about the South Gas franchise.
The Purpose of this Resolution
This resolution corrects the error in Section 1 of Resolution No. 2310. The legal doctrine Nunc Pro Tunc, which means "this for that" in Latin, is used to correct such unintended errors where no one has relied on the error, and no one will be harmed by correcting the error. In this case, the Resolution puts in the words "Southwest Gas franchise agreement" and removes the mistaken words "Alternative Expenditure Limitation." Since no one has submitted any pro and con arguments, and the deadline is not until August 7, 2024, for pro and con statements, no one has relied on the error, and no one will be harmed by correcting the error.
This resolution corrects the error in Section 1 of Resolution No. 2310. The legal doctrine Nunc Pro Tunc, which means "this for that" in Latin, is used to correct such unintended errors where no one has relied on the error, and no one will be harmed by correcting the error. In this case, the Resolution puts in the words "Southwest Gas franchise agreement" and removes the mistaken words "Alternative Expenditure Limitation." Since no one has submitted any pro and con arguments, and the deadline is not until August 7, 2024, for pro and con statements, no one has relied on the error, and no one will be harmed by correcting the error.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2311.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There is no discernible fiscal impact. This item merely corrects an error.