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AGENDA ITEM REVIEW FORM |
5.J.
Regular City Council Meeting
- Meeting Date:
- 07/24/2024
- Department Head:
- Edgar Esparza
- Submitted By:
- Edgar Esparza, Billing & Collections Manager, Finance Department, Billing & Collections
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 2329. 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 2259; repealing conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background
On March 22, 2023, the City Council passed Resolution No. 2259, which established a five-year utility rate increase plan that was intended to help the water, wastewater, and solid waste enterprise funds become self-sustainable. This five (5) year rate plan was effective April 27, 2023, and January 1 of each year from 2024-2027. A typographical error was found in the body of Resolution No. 2259 in Section 5, where it referred to "July" rather than the correct "January." It was clearly a mistake because:
(1) at the Council meeting of March 22, 2023, the presentation given by staff clearly stated that rate adjustments were to be effective on April 27, 2023, and January 1 of each year from 2024 to 2027, and
(2) the schedule of rates attached to Resolution No. 2259 indicates the rate adjustments to be effective April 27, 2023, and January 1 of each year from 2024 to 2027.
The Purpose of this Resolution
This resolution corrects the error in Section 5 of Resolution No. 2259. 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 it. In this case, the Resolution inserts the word "January" and removes the mistaken word "July."
On March 22, 2023, the City Council passed Resolution No. 2259, which established a five-year utility rate increase plan that was intended to help the water, wastewater, and solid waste enterprise funds become self-sustainable. This five (5) year rate plan was effective April 27, 2023, and January 1 of each year from 2024-2027. A typographical error was found in the body of Resolution No. 2259 in Section 5, where it referred to "July" rather than the correct "January." It was clearly a mistake because:
(1) at the Council meeting of March 22, 2023, the presentation given by staff clearly stated that rate adjustments were to be effective on April 27, 2023, and January 1 of each year from 2024 to 2027, and
(2) the schedule of rates attached to Resolution No. 2259 indicates the rate adjustments to be effective April 27, 2023, and January 1 of each year from 2024 to 2027.
The Purpose of this Resolution
This resolution corrects the error in Section 5 of Resolution No. 2259. 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 it. In this case, the Resolution inserts the word "January" and removes the mistaken word "July."
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2329.
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.