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06-11-62 Council Committee of the Whole Meeting Minutes
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06-11-62 Council Committee of the Whole Meeting Minutes
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City Council - City Clerk
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Council Mtg Minutes
City Counci - Date
6/11/1962
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Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in <br />the Council Chambers in the City Hall on Monday, June 11,'1962, at 8:06 P.M., with all members present. The meeting <br />was called to order by Councilman T. W. Lehman, Chairman, who presided. <br />ORDINANCE <br />AN ORDINANCE FOR EMERGENCY APPROPRIATIONS FROM THE STREET AND <br />TRAFFIC GENERAL FUND TO ACCOUNT NO. S -265 EMERGENCY REMOVAL OF <br />TREES AND STUMPS AFFECTING STREETS AND TRAFFIC - $15,000.00 <br />This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given <br />and opportunity to be heard thereon. Miss Virginia, Guthrie, Executive Secretary of the Civic Planning Association, <br />filed the following communications with the Clerk: <br />C 0 P Y <br />Mr. B. B. McDonald <br />State Examiner <br />State Board of Accounts <br />912 State Office Building <br />Indianapolis, Indiana <br />Dear Mr. McDonald: <br />June 4, 1962 <br />Our City Council has before it an ordinance appropriating $15,000. of Street and Traffic funds for removal <br />of stumps and filling of holes in parkway areas. This is part of the results of a severe wind storm or <br />tornado. <br />We question that these funds can be used for such purpose, since the Controller states they are being tak <br />from the December balance. The 1961 income for street and traffic purposes was entirely from gasoline <br />tax, motor vehicle fees and parking meter fees, and we have always understood such funds were limited as <br />to their use, and that was on the streets. Is this correct? <br />Could the city use current funds of the Street and Traffic Department for this purpose since there is a <br />property tax in 1962 to partly support these departments? The January and April gas tax distributions were <br />a little higher than anticipated when the budget was prepared, and the assessed valuation, per the January <br />Abstract, was also higher which means more funds accruing to this fund. Would these facts allow such <br />appropriation to be legally made? <br />In addition to the fact that the Park Department has jurisdiction over the parkway areas should or could <br />such funds be appropriated for the above purpose on privately owned property? <br />A very important: factor in addition to our questions is that the funds are badly needed on the streets <br />themselves. However, we would appreciate having the answers to any limitation of the gas tax and parking <br />meter revenues for presentation to the.Council a week from tonight and thank you for any information you <br />send us. <br />Very truly yours, <br />/s/ Virginia Guthrie <br />Executive Secretary <br />STATE OF INDIANA <br />STATE BOARD OF ACCOUNTS <br />919 STATE OFFICE BUILDING <br />INDIANAPOLIS, 4, INDIANA <br />June 5, 1962 <br />Miss Virginia Guthrie, Executive Secretary <br />South Bend Civic Planning Association, Ind. <br />403 Lincolnway West <br />South Bend, 1, Indiana <br />:Re: Appropriation for Removal of Stumps <br />and Filling Holes in Parkway Areas <br />Dear Miss Guthrie: <br />In answering-your three questions, we will enumerate in the order presented. We also respectfully direct <br />your attention to the enclosed Cities and Towns Bulletins of November 1953 and September 1959 which contai <br />the approved uses of the parking meter and motor vehicle highway funds respectively. <br />1. Based on the facts as stated in your letter, it is our opinion that the payment <br />of the cost of removal of stumps and filling holes in parkway areas would not <br />be a proper expenditure from motor vehicle highway funds or parking meter funds. <br />However, we do believe that if there is debris to be removed from the streets as <br />a result of the severe storm, the cost of such removal would be a proper <br />expenditure from such funds. We wish to specifically direct your attention to <br />Item C under "Approved Use of Parking Meter Funds" in the bulletin which limits <br />the maintenance and repair to any of the public streets where said mechanical <br />parking devides are in use and all streets connected therewith. <br />The statutes concerning parking meter funds authorize the transfer by ordinance <br />of any balance in the parking meter fund at the end of the calendar year to the <br />general fund. Such ordinance may be made at any time during the year and could <br />provide for the transfer to the general fund of all or any part of the balance <br />in the parking meter fund of the previous December 31. The funds so transferred <br />to the general fund must be appropriated in the regular legal manner before ex- <br />penditure. Such funds, in our opinion, could then be used for the payment of the <br />cost of the removal of stumps and filling of holes in parkway areas. <br />
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