11/17/2010: "Lopez Cannon Question Remains"
The question of the Odlin Park cannon will move forward to a public hearing, but after council discussion on Tuesday (11-16-10) it is doubtful the council will adopt the proposed ordinance as presented.
The mini-initiative submitted by Lopez resident Dan Post contains a directive that the cannon is to remain “with no future threat of it ever being moved, relocated, or displace.” Deputy Prosecutor Karen Vedder said the language is in conflict with a doctrine in law (ultra vires) that prohibits the council from binding future legislative actions by future councils.
Vedder suggested that if the council wished to approve an action related to the intent of the initiative, (i.e. that the cannon “serve as a memorial for all those who have died at war), they can write and pass a new ordinance that removes the problem language.