BOOK 26_1955-11-28 to 1957-06-17

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dump, regardless of his efforts to prohibit it. He stated that he would be willing to continue the 413 operation on a month-to-month basis only if the payment of $87.50 per month to the City were eliminated. Since it is impractical to readvertise for a neer dump operation contract for the uncertain period remaining until the District takes over, it is the recommendation of the City Engineer and the City Manager that Mr. Benevento be permitted to continue on a month-to-month basis, without being required to make payments, all other conditions of the present agreement to remain in effect. Councilman Spillers moved approval of the recommendation of the City Manager, seconded by Councilman Weiss. Councilman Herkner stated that he could see no reason for going on a month-to-month tenancy at this time. He feels that they should give him a contract for 6 months, therefore, he amended the motion that the lease be for a period of 6 months, the lease to go on a month-to-month tenancy and pay at the rate of $87.50 a month basis. In other word it would be the same terms as previously made only after the 6 months it will be on a month-to-month basis at a rate of $87.50 per month. Councilman Stout asked the maker of the amendment to change his motion to grant a year lease with the stipulation that the lease could be cancelled at any time. The City Attorney stated that he talked to Mr. Benevento and his feeling is definitely no in any case as far as a lease is concerned. The City Attorney feels that it will be a waste of time to go back to Mr. Benevento.and discuss the matter further. Councilman Granger was of the opinion that the City should try to get the man to stay on the property even if it is necessary to eliminate the monthly rental charge. The City Manager agreed with Councilman Granger because the City would have to readvertise for bids and no one would likely bid under the conditions. If the City has to take over the dumps, it is going to cost the City a good deal of money. Councilman Herkner changed his motion to have the lease for one year with a stipulation that the lease carry a 6 months cancellation clause and that the City advertise for bids, seconded by Councilman Stout. This was followed by discussion after which the motion lost on roll call vote with Councilmen Granger, Spillers, Weiss, Weymouth and Mayor Royer voting No. The original motion (month-to-month lease vrithout charge) carried on roll call vote with Councilmen Herkner and Stout voting NO. Councilman Herkner moved that every effort be made to collect the back rent, seconded by Councilman Stout. Councilman Spillers stated that this motion was out of order and if they didn't have confidence in the Collection Department and Department Heads then they had better do something about it. Councilman Herkner withdrew his motion. DISCUSSION REGARDING CIVILIAN DEFENSE SURVEY, COUNCILMAN WEISS. Cbuhcilman Weiss, in a written, statement, stated that he would like to see some action stai3ted on the Civian Defense survey. He moved that the Mayor cause the City Manager and City Attorney to prepare a report and necessary documents or recommendations as will carry into effect the recommendations contained on pages l.to 4 of Part I of said report. Furtherthat the Mayor and City Manager consider the advisability of effectuating at the earliest practicable date the first four items of page 5, Part I of said report. The Mayor stated that some of the Councilmen had not studied the report and were not ready to act on the motion. Councilman Weiss stated that he complied with the request of the Council and he had copies of this statemtn mailed to the Council on Thursday and he felt that the Councilmen could have looked into the matter. Councilman Herkner wanted to know if Councilman Weiss requested a report from the City Manager and if so he would go along with the motion. Councilman Weymouth seconded the motion. This was followed by discussion. Councilman Granger stated his opinion that this is not a matter for City Manager recommendation, but that the Council should look into this matter themselves and either accept the report or throw it out. Councilman Stout offered a substitute motion to carry this matter on the agenda and each Councilman Give this matter due consideration during the week, seconded by Councilman Granger. The City Manager agreed to the statement made by Councilman Granger. He felt that the report was a report to the Council and the Council should be the ones to consider the matter. This was followed by discussion in.regard to whether or not the Council should make their own recommendation in regard to the report sines the Council asked for the survey and not the City Manager. This motion lost