05/11/1971 Meeting Minutes - Laserfiche WebLink

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Minutes of Special Meeting af Coeutcil 5-11-71 Pagz -2- 4D III sewage (we preeently have Phase II sewage treatoeat) and provide raf:i.;factory operation and maintenance of these wastewater treaL•mant works. In coa3unction with the State requirements this City Couacil umanimously paesed three (3) 0z-1i.uaaces in April and September of 1970. These ordinancem sutharized snd abligated ttie City to a cantract with the Water Pollutirin Contsol Board (a stag necessary to secure Pederal Futds and also reaew our discharge perait).'fue ordinamces also dealt with rletsiled plans and the cligati+an to expand our Secon+rlarp Treatases?t Plant to the kind prescribed bq the State and Federal Gavernsent. Thus, after this uuaninKSUS cacncilmanic action this Citq was contzsetually bound to the State of Ohio, the Fedsxal Governmeat aad the contractoza who won the bid an the censtructian projecL. It should be pointed out at this time that evea our cnia Cauncil no longer has the pawer to in anq wap vary or terminaCe these biading cantracts. These contracte obliged our City to reset aur sewage ratee in orcler to pay oux portion af the caat of expension to complq with the 4hio Fure Water requiroasnt.s, the demmds of the Envirottmental Protection Agencp of the Federa]. Governmeat snd the ne<:easary? costs to maiatain our utility after it is fully inatalled. A Rute Consultaut was hired by the City aad the ordiaance, which is the present subject of dispute, was paesed bq this Council. The efforts to revoke this last ordinance of the Council are not in order far two (2) reasans. The first being that it would canstitute an iapairment or breach of a contract relationship with the Federai Govarameat, the State and the Contractors. As indtcated earlier, not even this Council has the legal power to ur?ilaterally change this contract relation- ship. The second reasoYe being that imdsr our Statutes and by resson of a recent deciaion of our Ohio Supreme Court the initiative method 3s irregular when it does not applq to the firat ordinanee which created the contract obZigation but rathsr treats osilq xt.th the subsequent ordix?ance which in thi..e case set the sewer rate necessary to pay for our share of the contract price. Because of the sincerity and ccacern of so maay people an thie issue I confiaed my remstrks to the braad and compelling legal reasons that require the course the City muet follaw. A Law Director does not legielate ar make lawe; he does nat pass ordin- ances; and he haa anly one choiee and that is to fallow the La+.