The Bluffton news. [volume] (Bluffton, Ohio) 1875-current, 1953-11-26

OUuuO1IlIIOH
teS LdU Which Will
DeA Several Months
in /the unpredictable course of
power situation came
fthe outgoing city council is bar
legislative action on the case, and
,e deferred until new councilmen
As lame duck council which can
not put into full operation any con-
Eact authorized by legislation initi-
ated last week to buy current whole
sale land distribute it through town
ownsd system, incumbent city fathers
are prohibited by state code from
taEng action on the matter, City So
lifitor John Romey notified Mayor
w. A. Howe Monday.
Although council could complete
all necessary legal steps in passing
the legislation, advertising for and
accepting bids, the contract could not
possibly go into effect before the first
OF the year, the solicitor pointed out.
- Solicitor Cites Law
Therefore, the present council is
barred from taking any action in
making al decision whether to buy
current Wholesale or sell the system
outrighY he solicitor declared.
He n6irted 10 Section 731.4S of the
Revised Shio Code, reading as fol-
"phe Legislative authority of a
mupicipsl corporation shall not enter
intY any contract which is not to go
intP fun operation during the term
for whth all members of such legis-
latNe' authority are elected"
Al court of appeals decision on the
code statue also cited by solicitor
Romey, apparently exactly duplicates
the Bluffton case. for it reads as fol-
lows:
Council is without power or au-
thority to delegate the power or au-
thority to the Board of Trustees of
Public Affairs to enter into a con-
tract unless it goes into full opera
ton during the terms of all members
of such council"
Even if Bluffton legislation, adver-
tising for bids and award of contract
could be completed before the close
of the year it was Solicitor Romey's
opinion that:
I at is impossible for the board of
public affairs to enter into a contract
which can go into full operation dur
ing the terms of the current council"
Council Hands Tied
Because of the restrictions of the
Ohio code, all sorts of complications
could enter into the case should the
present council and board of public
affairs attempt entering into whole
sale contract with Ohio Power Co.
on the municipal power question,
Romey further declared.
Any taxpayer would have the right
to contest the action if all terms of
contract were not in full operation
by the close of the year, either at the
first of the year or following a ref
erendum, it was pointed out.
Further, should referendum action
be instituted, the board of elections
could throw out the petition on the
grounds that the legislation was not
legal because of the contract COM
pletion factor.
Prospective contracting companies
likely would not attempt to bid on
the matter, because of the question:
able legality, it was further pointed
out.
In authorizing the preparation of
legislation leading to the purchase of
electric power on wholesale basis
Monday of last week, municipal coun-
Gil had intended to place the ordi-
nance on its first reading some time
during the week.
Because of the solicitors ruling,
however, no further action has been
taken to date. Although there has
been no council meeting since Solici-
tor Romey's advice, the mayor and
all councilmen have copies of the le-
gal Interpretation which they have
been studying prior to getting to
gether to discuss the matter.
Next regularly scheduled meeting
of council is over one week away,
Monday, Dec. z, because of this
months intervening fifth Monday.
However, any Monday night is le-
gally-constituted meeting night, un-
der city ordinance.