Las Vegas City Commission Minutes, December 8, 1959 to February 17, 1960, lvc000012-24

was considerable discussion as to what would he the position of the Housing Authority in the event it did own the property. As a result, the City Attorney's office engaged in considerable research and, at the conclusion, decided to submit the matter jointly on behalf of the Housing Authority and the City to the Attorney General for his ruling and opinion. Mr. Cory stated that in the State of California there have been no less than three Supreme Court cases, each of which involved the City of Los Angeles, and each of which involved substantial tracts of land, all of which held that when there is in existence a cooperation agreement, such as the one in existence between the City of Las Vegas and the Housing Authority, which, incidentally, is required by the Federal Government, the rezoning request must be granted, provided the request is reasonable and in conformance with zoning of a similar type. He advised there was a Montana decision and a strong decision in the Supreme Court of Wyoming to this effect and stated the Nevada Supreme Court tends to follow decisions of Western States more readily than courts of last resort in Eastern States. According to Mr. Cory, both the Montana and Wyoming decisions were even more emphatic than the California cases in holding that once the City Housing Authority initiates a proposal for a housing project the City cannot refuse to rezone property if it is necessary for completion of that project. It was Mr. Cory's belief that if the Nevada Supreme Court followed the decision of courts of last resort in other Western States, it will necessarily hold that the City must rezone the property as requested. He concluded with the remark that this would not mean that some interested taxpayer might not question the rezoning and seek a decision in a Court. Commissioner Fountain moved that this rezoning be held in abeyance until there was a full Board. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. Additional time was requested for the proposed Child Welfare Ordinance which was introduced and read by title at the regular meeting of the Board of City Commissioners held July 1, 1959, and referred to Commissioners Fountain and Elwell, committee for recommendation. Additional time was requested for the proposed Liquor Control Ordinance which was introduced and read by title at the regular meeting of the Board of City Commissioners held September 16, 1959, and referred to Commissioners Sharp and Whipple, committee for recommendation. Additional time was requested for the proposed Plumbing Code Ordinance which was introduced and read by title at the regular meeting of the Board of City Commissioners held November 18, 1959, and referred to Commissioners Fountain and Sharp for recommendation. An Ordinance entitled: AN ORDINANCE TO AMEND SECTION IV OF ORDINANCE NO. 378, REFERRED TO AS SECTION 10, CHAPTER 24, CODE OF LAS VEGAS, NEVADA, 1949, BY AMENDING THE LAND USE PLAN MAP ADOPTED BY THE CITY OF LAS VEGAS, AND CHANGING THE ZONING DESIGNATION OF CERTAIN AREAS OF THE SAID MAP was read by title. Commissioner Whipple moved the above-entitled Ordinance No. 816 be adopted. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. An Ordinance entitled: AN ORDINANCE TO AMEND SECTION IV OF ORDINANCE NO. 378, REFERRED TO AS SECTION 10, CHAPTER 24, CODE OF LAS VEGAS, NEVADA, 1949, BY AMENDING THE LAND USE PLAN MAP ADOPTED BY THE CITY OF LAS VEGAS, AND CHANGING THE ZONING DESIGNATION OF CERTAIN AREAS OF THE SAID MAP was read by title and referred to Commissioners Elwell and Fountain, committee for recommendation. City Manager Kennedy advised the General Fund Balance, after Service and Material Warrants and Payroll was $1,400,701.30. He stated in the Service and Material Warrants there was a bank transfer of $65,000.00 and an investment of $9,458.92, which are not actually moneys spent, but transfers to other accounts. Actual moneys spent were $87,205.00. He stated there was a refund to Mr. Joe Gordon who paid his slot machine license twice and that the estimated gross payroll was $117,000.00. City Manager Kennedy stated he had received a request from the City Golf Board that the green fees for the forthcoming Championship City Golf Match, to be held Saturday and Sunday, December 19th and 20th, be waived and he had been advised by the City Attorney that under the present law a decision on this should come from the Board of Commissioners. Commissioner Fountain moved the green fees for the Championship City Golf Match, to be held December 19th and 20th, be waived. 12-16-59 PROPOSED ORDINANCE Child Welfare Ordinance Continued PROPOSED ORDINANCE Liquor Control Ordinance Continued PROPOSED ORDINANCE Plumbing Code Continued PROPOSED ORDINANCE No. 816 Rezoning Z-28, Z-34 & Z-36-59 Adopted PROPOSED ORDINANCE Rezoning Z-29-59 Referred to Committee GENERAL FUND BALANCE GREEN FEES WAIVER Ralph Legion Approved