demolition of the premises.


8
On August 29, 1988, the city filed a motion for authority to demolish the premises.  Koen responded by filing a motion to stay and a motion to set aside the prior orders.  On October 18, 1988, the court found that the agreement for demolition entered into between the parties should be enforced and granted the city the authority to demolish, but stayed the exercise of this authority for thirty days.  The court also denied Koen's motion to set aside.


9
On October 25, 1988, the Cairo City Council authorized the taking of bids for the demolition work.  Before any demolition bids were submitted, Koen began making plans to rehabilitate the building and acquired a temporary building permit that enabled him to construct aCairo City Council to permit rehabilitation of the building.


11
On two different occasions, January 24, 1989 and February 14, 1989, motions were made in the Cairo City Council that the $62,810 in funds held by the city for demolition purposes be returned to the state circuit court.  There are six members on the city council, plus the mayor.  Pursuant to a consent decree entered in 19801 in the United States district court by Judge Foreman, the mayor of Cairo was not to vote unless there was a tie vote among the council members.  The votes on both motions were three "yes," two "no," and one "pass."    Mayor Allen Moss construed the "pass" as a "no" vote, and cast the "tiebreaking" "no" vote on