04/05/1977 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 4-5-77 -7- No. 4 Decker - $10,535.; No. 5 Elmhurst - $7,232.; No. 6 Whi.tehaven- $9.,994.; No. 7 Olmsted Drive - $8,630.; No. 8 Frank St. - $6,025.; No. 9 Bailey - $4,520.; No. 10 South Forter - $4,370.; No. 11 Wellesley - $12,656., with an accumulative total of $84,951., seconded by Mrs. Sharpe. Mr. Beaty stated he still would like to see this gone over in Committee with Streets & Drainage Co~nittee and Finance Committee; feels it is part of the Charter that it is an administrative decision on what streets get paved; also appreciates the tokenism of two streets. Mr. Wlprwttky asked Law Director Gareau if the Charter indicates that the Ada4lnistratioa dhaoaen.what streets are to be done. Law Director Gareau stated he hoe neQVer found that in the Charter: the question here is obviously where ae~instrative and legislative transcends and the question is what power - what authority does Council have with respect to the purse strings relative to street repairs; and if you look at that concept --- and Law Director Gareau does not know of any other way they can control it - is not saying the concept is good, bad or indifferent, but from a practical standpoint the only way it really could be controlled if you are dealing with $309,000. would be to do it that way. ROLL CALL ON MOTION to assnd Ord. No. 77-42: Affirmative vote: Fairfield, Saringer,.Sharpe, Wilamosky. I~sgative vote: Beaty, Boehmer. 4 Yeas - 2 Nays - Motion carried. Mr. Wilamosky stated due to the urgency of Ord. No. 77-42, move for suspension of rule requiring reference to Committee and rule requiring three readings, seconded by Mr. Fairfield. Affirmative vote: Fairfield, Beringer, Shaxpe, Wilamosky. Negative vote: Beaty, Boetrmer. Mr. Wilaffiosky moved for adoption of Ord. No. 77-42 as amended, seconded by Mrs. Sharpe. Mr. Beaty asked when an ordinance is amended on third reading does it not automatically go back on second reading. President Pro Tem Beringer referred to motion to suspend the three readings and reference to Committee. Mr. Beaty asked if suspension of the rule doss not require 5 votes. President Fro Tem Sariuger stated it does not. Mr. Beaty stated it does. Law Director Gareau stated Council can suspend the Rules by a simple majority - that is the Rules of Council. Mayor Christman said he would like to address the fact that if it does not get five votes it does not pass on emergency; therefore we have no appropriation ordinance except the first ordinance passed in January. Law Director Gareau said he would line to state that in this one instance - an appropriation ordinance goes into effect imets3diately upon its passage; it does not need an emergency or 2/3rds. It is subject to veto again. Mayor Christman stated he knows it is subject to veto again. Roll Call on Motion to adopt Ord. No. 77-42: Affirmative vote: Fairfield, Sariuger, Sharpe, Wilamosky. Negative vote: Beaty, Boehmer. Clerk requested time to change the tape. President Pro Tem Sariuger declared a five minute recess. Council Meeting resumed at 10:10 P.M. President Pro Tem Beringer requested clarification from Law Director Gareau. Law Director Gareau stated as far as the last series of actions taken by Council - you have a Rule of Council requiring three readings and you have a Charter provision requiring three readings: It takes a simple majority to suspend the Rule of Council; it takes a two-thirds vote to suspend it by virtue ~f the Charter; so consequently the motion failed relative to suspending the