City Council Minutes 1980 09 02 - Laserfiche WebLink

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Minutes - page 2 September 2, 1980 COMMERCIAL INDUSTRIAL CONSTRUCTION CO. PAY EST. #8 Councilman Fauson moved that pay est. #8 in the amount of $64,219.33 to CIC for remodeling of City Hall be approved. Seconded by Councilman Domenico. Motion carried 6-0. AUDIENCE COMMENTS APPOINTMENT OF NEW COUNCIL MEMBER IF NEEDED James Cederberg asked that when Council makes it appointment for a new Council member that they consider the person who had the next highest vote in that Ward. CLARIFICATION STATUTE John Leary, 1116 LaFarge stated that he has been doing research on the clarification of State Statute 31-16-103 and after talking with attorney's, Attor- ney Generals office, Council persons and others, it was a conclusion that the statute is very vague and needs to be interpreted. He stated that after doing a poll of approx. 10 persons it was their interpretation that all ordinances passed by a City must be passed by the majority of the elected body. He stated that he has spoke with the Div. of Local Affairs and they stated that it was a matter of state wide interest and they were interested in requesting an interpretation from the Attorney General's office. Mr. Leary requested that the City try to get the interpretation as soon as they could regarding this. Attorney ,Joss reported that the statute in questions sets forth guidelines re- lative to adopting the statute, and it is clear in reading the statute that if the City were talking about an ordinance for an appropriation of money or enter- ing into a contract by the City, that the vott! has to be by the majority of those elected. He noted that the real question is what about the action taken at the last meeting when there were only four members present and two ordinance were passed by a 3-1 margin. He noted that his office has also re- searched the statute, and it is the Attorney's opinion those are the only two cases where the majority of those elected would be required to pass