BOOK 19_1942-09-08 to 1945-05-07

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Councilman Fletcher moved introdud.tion of the amendment to the building ordinance, seconded by Councilman Armstrong. Motion passed unanimously. Councilman Anderson moved affidavit of publication of theatre license ordinance be filed, seconded by Councilman McNulty. Motion passed unanimously. Councilman Anderson moved adoption of theatre license ordinance, seconded by Council- man Armstrong. Motion.passed,unanimously on roll call. City Attorney McCarthy presented a draft of ordinance regulating used car lots. Councilmen Anderson and Britschgi were of the opinion that each member of the Council should be presented with a copy of the proposed ordinance and the matter placed on the agenda of the next meeting to allow further time for study. Coundl-1- man Anderson so moved, seconded by Councilman Britschgi. Motion passed unanimoudly. City Attorney McCarthy presented an opinion on an appropriation ordinance or resol.utic.n which he had been asked to prepare in regard to the legal responsibility of ad- ministrative officers to carry out the financiU policies of the Council as stated in the annual budget. It was his opinion that an appropriation ordinance is not reeuired but that it was within the discretion of the Council to enact such an ordinance. He pointed out, however, that such an ordinance would entail a substantial publication charge inasmuch as it was inevitable that during the fis- cal yep.r ordinances amending the original ordinance would have to be enacted from time to time. He believed a resolution might be adopted giving legal effect to the appropriations made in the budget and imposing the same restrictions upon department heads and city officers as the ordinance. It would then be necesstery for a department head or officer to obtain formal consent from the Council for any variation f rom the appropriations as set fo:'th in the budget. He stated such a resolution would not impose a personal liability upon a department head or officer for disregarding budget appropriations, but believed in practical effect such a resolution would accomplish the same purpose as an ordinance. He suggested that in the event the Council desired to enact a resolution annually to cover budget appropriations, that it might be well to enact an ordinance as a foundation for those annual resolutions. Councilman Armstrong moved that the City Attorney be instructed to prepare and submit to the Council his suggestion of an ordinance yihich would carry out the views suggested'by the tax committee in its report, seconded by Councilman Anderson. Motion passed unanimously. Councilman Anderson expressed the opinion that Lith the regular monthly audit it would be a simple matter to determine the exact status of the departmental budget appropriations. Councilman Armstrong brought out the fact that at the last meeting the Council.9pprovei the appointment of Mr. Uhlenberg to render a continuous audit and a monthly report to the city at an annual cost not to exceed 01500, which would include the servics of his annual audit. He said the question had been raised as to the amount rhich should be paid Mr. Uhlenberg for the fiscal year, inasmuch as the agreement was not effective until December 1, 1944, and believed a meeting should be held with him to reach an agreement in this matter. He moved that the Mayor be instructed to interview: Mr:.Uhlenberg to ascertain his views and report back to the Council ,f 0 0 0 1 1 1