Enabling the City to Exchange all Powers Granted to it by the Home Rule Legislation

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BILL NO 1011— kZ ORDINANCE N0. 7° 9 ff2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENABLING THE CITY TO EXERCISE ALL POWERS GRANTED TO IT BY THE HOME RULE. LEGISLATION. STATEMENT OF PURPOSE AND INTENT The Common Council recognizes that the Indiana State laws were recently codified into one Title with regards to local governmental laws. Previously, such laws were scattered throughout Titles 17, 18 and 19 of the Indiana Code. Title 36 of the Indiana Code, commonly referred to as the "Home Rule Legislation ", incorporates the various powers, authorities and responsibilities to local governmental units. By virtue of these powers, a governmental unit may adopt and implement further powers, functions, or services which are tailored to meet the special local requirements which State law does not address. Therefore aside from providing additional powers, local governmental units will need to invoke Home Rule authority in passing local ordinances to continue powers or procedures formerly granted by specific State statute. Several statutes were repealed on September 1, 1981, however a local governmental unit may continue to operate under a repealed statute if a local ordinance is passed incorporating the procedure which was previously provided by the State statute. In order to avoid a "gap" of authority, the following Bill incorporates the procedures which are currently authorized by statute and repealed by Acts 1980, Public Law 211 (the 1980 Home Rule Bil1),and Acts 1981, Public Law 13 (the 1981 Repealer Bill) whose deadline is September 1, 1982. NOW, THEREFORE, BE IT ORDAINED BY THE C014MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend, Indiana, hereby declares that the procedures, rights, and ordinances passed pursuant to specific State legislation which have been repealed by Acts 1980, Public Law 211, and Acts 1981, Public Law 13, shall be continued and ratified. Such authority to continue to operate shall remain in full force and effect, and shall include but not be limited to the following: 1. Youth Services Bureau 2. Permissive expenses for municipal promotion 3. Membership in associations 4. Water Works operations 5. Transportation systems, 6. Underground and overhead structures regulation over streets and alleys, and 7. Establishment of City executive departments. The present procedures used by each-of the above shall be continued in full force and effect until amended by ordinance of this Council. SECTION II. This ordinance shall be in full force and effect August 31, 1982, and upon its passage by the Common Council and approval by the Mayor. ,st R:AD;NG a— 3 v •s,2FILE0 IN CLERK'S OFFIR PUBLIC HEARING 8 -30 -& Z 2nd READING 8.30. f 1 AUG 3 '; 1582 NOT APPROVED REFERRED PASSED gaoSo - gl Irene Gammon Stiff CITY CLERtt SOUTH BEND, tND.