08-14-72 Council Special Meeting Minutes

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++++++.....+++++++ + + + + + + + + + + +....+ + + + + ++;- ......, ++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING AUGUST 14 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, August 14, 1972 at 8:00 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Council President Nemeth said that Mayor Miller had requested an opportunity to speak to the Council at this time. The Mayor spoke on the administration position on the trash proposals. Three trash ordinances have been introduced and the Council and the administration recognize that this is a high priority program. The administration feels it can wait no longer to begin a refuse pickup program and wants one which is fair to all. Mayor Miller said that he is recommending the ordinance signed by Councilman Kopczynski. This ordinance provides for the city to collect trash in competition with the private haulers. They are recommending that the effective date of the ordinance be changed to April 1, 1973 or within sixty days from that date, based on advice from the State Board of Accounts that all legal requirements have been fulfilled, They are also recommending that Section 16 -11 be removed from the ordinance. Mayor Miller com- mended the members of the Council for their diligent action and participation in drafting these ordinances to solve a problem that affects the entire community. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading in full. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion that the Council resolve into the Committee of the Whole, seconded by Councilman Serge. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building at 8 :40 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO GENTNER PACKING CO., INC. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, passed out to members of the Council a proposed amendment to the Lease and Trust Indenture which is to be made a part of this ordinance, based on a change in the law. The change means that, if there is any change in the use or ownership of the property, the lease and trust indenture and bond agreement is still binding. Gentner Packing Company now employs 80 people and, when expansion plans are completed, they anticipate employing up to 115 persons. The Council acted favorably on a Resolution regarding this matter at an earlier meeting. Councilman Nemeth moved to amend the lease, adding a new Section 7.8 on page 15 as follows: "Section 7.8. The lessee expressly covenants that the lease rental payments shall be paid as provided in this Lease and Indenture of Trust regardless of whether or not the Leased Premises are used or useful, or whether any applicable laws, regulations or standards prevent or pro- hibit the use of the Leased Premises ". Councilman Parent seconded the motion to amend and it carried. Councilman Kopczynski moved that the ordinance go to the Council as favorable as amended, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Nemeth made a motion that the Council consider all three Refuse Ordinances at the same time, rather than separately. Councilman Parent seconded the motion and it was carried. This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Mr. Maurice Cohen, 725 E. Eckman Street, said