06-11-62 Council Committee of the Whole Meeting Minutes

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