Derailing the contentious $1-billion LRT project now would require two-thirds council support, according to a legal opinion sought by the city manager.

The province announced last year it would pay 100 per cent of the capital costs to build a light-rail transit line from McMaster University to the Queenston traffic circle, plus a spur to the James Street GO station.

Project opponents on council recently floated the idea of holding a referendum on LRT or approaching the province to negotiate another use for the rapid transit cash altogether.

But city manager Chris Murray told councillors in an email Friday that any motion to stop the project is a "reconsideration" of a council decision already made this term.

That means, procedurally, such a motion would need support from two-thirds of council members – 11 of 16, in a full house – rather than a simple majority.

That's a big deal for any future vote on an LRT project that – at least as currently envisioned – appears to have the unequivocal public support of six council members.

Murray said in his email he consulted with the city clerk and head solicitor on the issue in response to questions about Coun. Sam Merulla's planned motion to "reaffirm" LRT support, as well as a Spectator column on prospects for a referendum.

The reconsideration is needed because council voted in January to sign a memorandum of understanding (MOU) with Metrolinx to move ahead on LRT, including an environmental assessment update and new design the transit agency recently presented to the public.

Mayor Fred Eisenberger said Friday the legal update confirms his own opinion "that we've committed through the MOU to be helpful in getting this project implemented."

But Eisenberger said he is still "seeking clarity" on whether a motion pitching a non-binding LRT referendum would also constitute a reconsideration. (The Spectator did not receive a response to that question from the city manager or clerk's office Friday.)

Merulla, by contrast, argued the "common sense interpretation" of the legal opinion means a referendum vote could only happen with two-thirds support from council.

If that's the case, the Ward 4 councillor said he will withdraw his oft-delayed "reaffirmation" motion that is currently scheduled to come before councillors Oct. 25. "This is welcome clarity. It means there's no reason to revisit our decision … it means we can concentrate on moving ahead," Merulla said.

Regardless, the mayor said he's also asking provincial officials to "clear up misinformation" ahead of the October meeting about the prospect of repurposing the $1 billion in rapid-transit cash. "It should be clear by now (to councillors) that is not the way the funding works."

"I wish we could stop playing games on this," Eisenberger added.

Coun. Chad Collins, the most vocal political LRT opponent, admitted he was surprised by the procedural update Friday.

"I'll have a lot of questions to ask the clerk and the solicitor, I guess," said the Ward 5 councillor, who has vowed to introduce a motion next year pitching an LRT referendum.

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"I always understood that if we got to the point of going to tender on the project, the debate is over. There's no going back," he said. "But ahead of that decision point, I don't really see why we require a reconsideration."

Collins said he's always understood the MOU to be "only one of several milestones" council must approve before LRT becomes a reality.