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That the City Manager be and hereby is requested to direct the City Solicitor to provide a legal opinion on whether the City Council has the ability to rescind a previous vote

POR 2018 #213·Council meeting Sep 17, 2018·1 page·📄 Original PDF (city portal)
City of Cambridge O-13 ORIGINAL ORDER IN CITY COUNCIL September 17, 2018 COUNCILLOR ZONDERVAN WHEREAS: On July 30, 2018, the City Council voted on a motion to send the Brown, et al., Petition to a second reading, which failed; and WHEREAS: The failure to send this petition to a second reading constitutes negative action under state law, putting the provisions of the petition into potential legal jeopardy if filed again within the next two years; and WHEREAS: Robert’s Rules allow the City Council to undo the motion to send the petition to a second reading via a motion to rescind, which would eliminate the negative action taken if successful; and WHEREAS: The petition would expire on September 25, 2018 if no negative action is taken by the City Council, allowing the petitioners to revise and resubmit the petition within the next two years; and WHEREAS: The September 25, 2018 expiration date would not interfere with the Millers River project’s ability to secure funding; and WHEREAS: The petitioners have stated that they have no intention of re-filing the petition in any form or time frame that would endanger the Millers River project or any other deeply affordable housing projects; now therefore be it ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to provide a legal opinion on whether a motion to rescind is in order.