03/13/1978 Board of Public Works Minutes

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R- REGULAR 11EETING MARCH 13, 1978 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 13, 1978 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Mullen reported that the minutes of the March 6, 1978 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Brunner seconded the motion and it carried. OPENING OF BIDS - SIGNALIZATION OF NORTH SHORE- MICHIGAN INTERSECTION This was the date set for receiving bids for the signalization of the intersection at North Shore and.Michigan. The Clerk tendered proofs of publication of notice.in the South Bend Tribune and in the Tri- County News, which were found.to.be sufficient. The following bids were opened and publicly read: Morse Electric Company South Bend, Indiana Bid - $46,928.50 Arrow Electric Company South Bend, Indiana Bid - $50,720.80 Bid was signed by Edward Morse, non - collusion affidavit was in order and a 5% bid bond was submitted. Bid was signed by Harold Markward, non - collusion affidavit was in order and a 5% bid bond was submitted. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the bids were referred to the Bureau of Traffic and Lighting for review and recommendation. ADOPTION OF RULES AND REGULATIONS CONCERNING SOLICITATIONS _Mr. Brunner advised the Board that, in view of new developments in the law regarding religious solicitations, brought to the attention of the City Attorney's Office, the Legal Department has drafted rules and regulations and guidelines for such exempt organizations. Deputy City Attorney Terry Crone said that the federal courts have consistently held that religious organizations which qualify for a tax exemption from the Internal Revenue Service are exempt from.the requirement for obtaining a permit or license to conduct charitable solicitations. In the past, the Unification Church has applied for a permit and the City has asked them for information concerning their religious status and whether or not the money collected is actually being used for religious purposes. Several recent federal court decisions indicate that the City can no longer require this but must take the certification from the Internal Revenue Service as.conclusive. Rules and Regulations have been drafted for solicitations by an exempt organization and are ready for the Board's action. The courts have said that the only thing the Board can do is adopt reasonable regulations but cannot otherwise interfere with first amendment rights. Mr. Crone then reviewed the Rules and Regulations and said the Board can adopt them and ask the Police Department to take a firm stand with respect to dealing with violations of the regulations. The question of such solicitation at shopping centers was discussed and it was pointed out that these centers are private property and the solicitors can be viewed as