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REGULAR MEETING DECEMBER 13, 1971 <br />REGULAR MEETING - RECONVENED - (Cont.) <br />ORDINANCES, FIRST AND SECOND READING (Cont.) <br />ORDINANCE <br />AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED <br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH <br />BEND, INDIANA (Chapter 40, Municipal Code). <br />(Known as S.E. corner of Frances St. & South Bend Ave.) <br />Council President Laven announced he had just this evening received a letter from Jack Dunfee, Jr <br />Attorney for the petitioners, concerning this ordinance and suggested that the Council move for <br />a five minute recess in order to study the communication. Councilman Janet Allen moved for a <br />five minute recess, seconded by Councilman Palmer. Motion carried. Time 9:14 P.M. <br />REGULAR MEETING - RECONVENED <br />Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the <br />Council Chambers in the County -City Building on Monday, December 13, 1971, at 9:29 P.M. after <br />a short recess. The meeting was called to order by Council President Laven who presided. <br />The aforementioned ordinance was given first reading by the Clerk. Mr. Laven then read the <br />communication from Mr. Dunfee, as follows: <br />"Mr. Robert 0. Laven December 13, 1971" <br />President <br />South Bend Common Council <br />441 County -City Building <br />South Bend, Indiana 46601 <br />In re: First and Second Reading on an Ordinance Amending Ordinance <br />No. 4990 -68, As Amended, Commonly Known as the Zoning Ordi- <br />nance of the City of South Bend, Ind. (Chapter 40, Municipal <br />Code) (Known as S.E. corner of the intersection of Frances <br />St. & South Bend Avenue) <br />Dear Bob: <br />On Friday, December 10, 1971, I met with Mr. Carpenter, Senior Planner, Area <br />Plan Commission, with regards to the captioned rezoning petition and as a result of <br />that conference, subsequent investigation and consultation with our clients, it is <br />the decision of our clients not to proceed further with this effort. <br />You are accordingly respectfully requested to withdraw the captioned matter <br />from the agenda of the South Bend Common Council and further to show that the peti- <br />tion is hereby withdrawn. <br />We especially thank you for your extra time and effort in this matter. <br />Very truly yours, <br />s/s Jack C. Dunfee, Jr. <br />JCDjr /yg THORNBURG, McGILL, DEAHL, <br />cc: Mrs. Kathryn L. Blough, HARMAN, CAREY & MURRAY <br />City Clerk it <br />Mr. John M. Morrow <br />The communication was accepted & placed on file. Councilman.J. Allen objected to the 2nd reading; <br />Councilman Janet Allen moved for the defeat of_,the ordinance, seconded by Councilman Craven. <br />The motion for defeat of this ordinance was passed by a roll call vote of 7 ayes (Councilmen <br />Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer) 0 nays, 2 absent (Councilmen <br />Wise and Zielinski). <br />ORDINANCE <br />AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF <br />THE MUNICIPAL CODE OF SOUTH BEND, INDIANA <br />(Known as North side of E. Ireland Rd. at 229 E. Ireland Rd.) <br />This ordinance was given first reading. Councilman Craven objected to the second reading and <br />made a motion that the second reading not be held, seconded by Councilman Szymkowiak. Motion c <br />ied..Councilman Craven then moved that the ordinance be defeated, seconded by Councilman Janet <br />Allen. The ordinance was defeated by a roll call vote of 7 ayes, (Councilmen Laven, Allen, <br />Reinke, Craven, Grounds, Szymkowiak and Palmer), 0 nays, 2 absent (Councilmen Wise and <br />Zielinski). <br />RESOLUTIONS <br />RESOLUTION NO. 294 -71 <br />A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT E -12 <br />"SERVICES PERSONAL - PAUPER ATTORNEY" IN THE OFFICE OF CITY JUDGE <br />IN THE AMOUNT OF $450.00 AND THE TRANSFER OF SAID SUM FROM <br />ACCOUNT E -11 "SERVICES PERSONAL - CITY JUDGE ", BOTH ACCOUNTS <br />BEING WITHIN THE SAME CATEGORY WITHIN THE GENERAL FUND. <br />(Resolution No. 294 -71 continued on next page) <br />1 <br />oxi sus - <br />ai.ned; <br />