FRESNO, Calif. (KSEE/KGPE) — In a letter released Thursday, Fresno Mayor Jerry Dyer says that he is unable to veto the City’s purchase of the Tower Theatre.

In the letter dated May 2, Mayor Dyer said that he has received comments both for and against the City’s acquisition of the Tower Theatre.

“This has become an issue where emotions are running high,” writes Dyer. “Many people have asked me to intervene to either support or veto Council’s action.”

According to the letter, the purchase of the theater as approved in a four to three vote by the Fresno City Council is a contract in which funding has already been appropriated, and therefore not subject to veto.

“As the Tower purchase agreement is a contract, and funds have been previously appropriated in the Budget for real estate acquisitions, including new Parks and Community Centers, the actual purchase is not subject to veto,” said Mayor Dyer.

Mayor Dyer goes on to say that the Tower Theatre will be available for religious services and the parking available to the public, adding that it is in the best interest of the community to have those policies in place and under the authority of the city manager.

“Some have suggested that I ‘symbolically’ veto the Resolution as a way to send a message that I do not support the Council’s action. The fact of the matter is that the Council has approved the purchase and we will still own the properties regardless of a symbolic veto,” Dyer says. “Absent the Resolution, the Council could ultimately set the policy for operations of the Theater and parking lot; an action that is best left to the City Manager, who under the City Charter is responsible for operations and administration of the City.”

The Mayor says that the threat of legal action from Adventure Church indicates a litigious path forward for the Tower Theatre.

“I will respect whatever action the Court eventually takes, however; as previously stated, under the City Charter I don’t have a say in legal matters,” Dyer says.