Las Vegas City Commission Minutes, December 8, 1959 to February 17, 1960, lvc000012-23

An Ordinance entitled: AN EMERGENCY ORDINANCE TO REPEAL EMERGENCY ORDINANCE NO. 807; PROHIBITING FALSE AND FRAUDULENT ADVERTISING, INCLUDING ADVERTISING OF RATES AND SERVICES OF HOTELS, INNS, MOTELS, MOTOR COURTS, BOARDING HOUSES AND LODGING HOUSES WITHIN THE CITY OF LAS VEGAS; PROVIDING PENALTIES THEREFOR; PROVIDING OTHER MATTERS PROPERLY RELATED THERETO; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY, was read by title. Commissioner Whipple moved the above-entitled Ordinance No. 815 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. Commissioner Sharp moved the claim of Joseph E. Swessel for sewerage backup damage in the amount of $946.05 be denied and referred to the Insurance Agency, as recommended by the City Attorney. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. Commissioner Fountain moved the claim of Josephine M. and Oscar E. Bigelow for sewerage backup damage in the amount of $756.00 be denied and referred to the Insurance Agency, as recommended by the City Attorney. He did state, however, that he believed the City should assist these people. City Attorney Cory stated the Insurance Adjuster was working on it. 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. Commissioner Sharp moved the claim of Tex and Dorothy Gates for damage to drapes and interior of their home in the amount of $380.00 be denied and referred to the Insurance Agency, as recommended by the City Attorney. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. Commissioner Sharp moved the claim of Henriette K. Fagan for a fractured wrist sustained while skating at the Convention Center in the present amount of $166.24 and the anticipated future amount of $50.00 for further medical expense be denied. Motion seconded by Commissioner Whipple 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 Animal and Fowl Ordinance Amendment 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, committee for recommendation. City Attorney Cory stated this resolution would not be considered this evening as it was his understanding that further consideration was required. Commissioner Sharp stated they wanted His Honor Mayor Gragson to have a copy of this resolution, as well as the Downtown Casino Operators. City Attorney Cory stated he had a letter which the City had received from the Housing Authority of the City of Las Vegas, requesting rezoning of two parcels of property located within the City of Las Vegas, now owned by the Housing Authority, and which are more particularly described in the letter above-mentioned, dated December 14, 1959, addressed to the Board of City Commissioners. He commented that these were the same two parcels previously identified as "A" and "B" in connection with correspondence had between the City Attorney's office and the Attorney General of the State of Nevada, in the course of which the City Attorney's office endeavored to ascertain the Attorney General's interpretation of the law. Mr. Cory informed the Board that pursuant to an agreement between the Housing Authority and the City of Las Vegas, dated March 6, 1958, and on the basis of a lengthy and well considered opinion previously received from the Attorney General, it was his recommendation that the request for rezoning be granted. Commissioner Whipple inquired if it was City Attorney Cory's opinion that the City would be obligated to rezone. Mr. Cory replied in the affirmative and went on to state that there has never been a decision in the Nevada Supreme Court or District Court involving the legal problem which was raised in connection with the Housing Authority's prior request (when it was not the owner of the property) and at that time the City took the position they were not required to rezone because the Housing Authority was not the owner and the request would have to be initiated by the then owner of the property and processed through channels provided by law; that subsequently, there 12-16-59 EMERGENCY ORDINANCE NO. 815 Adopted NOTICE OF CLAIM Joseph E. Swessel Denied NOTICE OF CLAIM Josephine M. & Oscar E. Bigelow Denied NOTICE OF CLAIM Tex & Dorothy Gates Denied NOTICE OF CLAIM Henriette K. Fagan Denied PROPOSED ORDINANCE Animal & Fowl Ord. Amendment Continued RESOLUTIONS ON GIVE AWAYS Held in Abeyance REZONING Housing Authority of City of Las Vegas Held in Abeyance