WRITTEN Motion by Council Member Gallegos that Item 53 below be amended to read as follows:

"Sec. 33-222.1

"(f)       After the deadline for returning response forms mailed in accordance with subsection (e) has passed, the director shall determine if response forms were returned for more than 50 percent of the tracts within the proposed district and also whether 67 percent of tracts for which response forms were returned indicate support the designation of the district in accordance with the following rules:

(1)        If a tract of land is owned by more than one person, only the signature of one owner is required for determining public support by returned response forms in accordance with this section; and

(2)        Tracts of publicly owned land, utility easements, and streets that are included within the boundaries of the proposed district shall not be counted toward determining support for or against the designation of an historic district.

(g)        If the director is able to make the determination required by subsection (f) of this section, the application will be considered final and the boundaries of the proposed district shall be the boundaries of the proposed historic district. If the director is not able to make this determination, then the director shall either:

(1)        Modify the boundaries of the proposed historic district if the modification will result in boundaries of one or more historic districts containing one or more non-contiguous areas in which response forms were returned from owners of at least 50 percent of the tracts within the proposed district, and where response forms for owners representing 67 percent of the tracts for which response forms were returned indicated support for designation of a proposed historic district. If the director modifies the boundaries, the application shall be considered final, the boundaries of the reduced proposed district shall be the boundaries of the proposed historic districts, and any property excluded from the proposed district shall be ineligible for inclusion within a historic district for a period of one year from the date the director modifies the boundaries of the proposed district pursuant to this item; or  

(2)  Determine that the application fails and that no further action will be taken by the HAHC. If an application fails pursuant to this section, the director shall mail notice to the owners of all property within the proposed historic district that the application has failed and that no further action will be taken. Any property within the proposed district is ineligible for inclusion within a historic district for a period of one year from the date of the determination pursuant to this section."

TAGGED BY COUNCIL MEMBERS KUBOSH, LASTER, STARDIG and BRADFORD