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COMMITTEE OF THE WHOLE MEETING MAY 24. 1965
<br />Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole
<br />in the Council Chambers in the City Hall on Monday, May 24, 1965, at 8 :00 P.M., with all members present except
<br />Councilman Glass. The meeting was called to order by Councilman Edwin Thomas Smith, Chairman, who presided.
<br />ORDINANCE
<br />ORDINANCE AMENDING,AND SUPPLEMENTING ZONING ORDINANCE NO. 3702
<br />(Southwest corner of Ryer St. and Lincoln Way West)
<br />This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given
<br />an opportunity to be heard thereon. Speaking against the proposed Ordinance were Edwin Wroblewski, 3427 St. John'
<br />Way, and Emery Ryan, 3405 St. John's Way. Speaking in favor of the proposed Ordinance was Attorney Robert L.
<br />Miller, representing the petitioners.
<br />Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Geib seconded the
<br />motion. Chairman Smith called for a standing vote. Motion lost by a vote of 3 ayes (Councilmen'Hunter, Wise
<br />and Geib), 5 nays (Councilmen Allen, Palmer,Shiith, Szymkowiak and Muszynski).
<br />5 MINUTE RECESS - 8:40 P.M.
<br />RECONVENED MEETING - 8:45 P.M.
<br />ORDINANCE
<br />ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702
<br />(Southwest corner of Ryer St. and Lincoln Way West)
<br />Councilman.Szymkowiak made a motion that the ordinance go to the Council as unfavorable. Councilman Muszynski
<br />seconded the motion. Chairman Smith again called for a standing vote. Motion carried by a vote of 5 ayes
<br />(Councilmen Allen, Palmer,S ith, Szymkowiak and Muszynski), 3 nays (Councilmen Hunter, Wise and Geib).
<br />ORDINANCE
<br />AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL
<br />BONDS OF 1961 - $25,614.76.
<br />This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were/given
<br />an opportunity to be heard thereon. Councilman Palmer made a motion that the ordinance go to the Council as
<br />favorable. Councilman Muszynski seconded the motion. Motion carried.
<br />ORDINANCE
<br />AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL
<br />BONDS OF 1962 - $219,060.38.
<br />This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given
<br />an opportunity to be heard thereon. Councilman Wise made a motion that the ordinance go to the Council as
<br />favorable. Councilman Muszynski seconded the motion. Motion carried.
<br />ORDINANCE
<br />AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER
<br />35 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY
<br />OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS
<br />IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS
<br />IN LIEU OF THOSE REPEALEDt
<br />This being the time heretofore set for public hearing on the proposed Ordinance, proponents and opponents were
<br />given an oppOrtunity.to be heard thereon. The Clerk read the suggested amendments to the ordinance. Councilman
<br />Allen recommended the following additional amendments to the suggested amendments: SECTION II, Article II,
<br />Division I. Definitions should be amended by deleting from line three of paragraph 4 the word "are" and inserting
<br />the word "is ". SECTION 35 -16 should be amended by deleting from line 1'-the word "excavations" and inserting the
<br />word "excavation ". SECTION 35 -17 should be amended by deleting from line 3 the word "lanterns" and inserting the
<br />word "light ". SECTION 35 -23 should be amended by deleting from line 4 the sum of "$6.00" and inserting the sum
<br />of "$5.00 ". SECTION 35 -32 should be amended by deleting from line 1 the word "light" and inserting the word
<br />"lights ". Councilman Geib made a motion to accept the additional amendments to the suggested amendments.
<br />Councilman Hunter seconded the motion. Motion carried.
<br />Those speaking against the proposed ordinance were Joseph Fritsch, spokesman for the Contractors; Frederick H.
<br />Link, Attorney for the Northern Indiana Public Service Company, and Warren McGill, Attorney for the Indiana and
<br />Michigan Electric Company.
<br />5 MINUTE RECESS -- 10:05 P.M. *** RECONVENED MEETING - 10:15 P.M.
<br />Councilman Geib 'then made a motion that SECTION 25 -33 of ordinance be amended to "SECTION 35 -33" to correct a
<br />typographical error. SECTION III should be amended by adding a new "SECTION III" as follows: "It is hereby
<br />declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases
<br />of this ordinance hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this
<br />ordinance hereby adopted shall be declared unconstitutional or'otherwise invalid by the valid judgment or decree
<br />of a court of competent: jurisdiction, such unconstitutionality or invalidity shall not affect any of the remain-
<br />ing phrases, clauses, sentences, paragraphs and sections of this ordinance hereby adopted ". SECTION III of
<br />ordinance should be amended to "SECTION IV ". Councilman Hunter seconded the motion. Motion carried.
<br />There being no further business before the Committee of the Whole, Councilman Muszynski made a motion to adjourn.
<br />Councilman Wise seconded the motion. Motion carried and Committee of the Whole Meeting adjourned at 10:30 P.M.
<br />ATTEST:
<br />APPROVED: �.
<br />CHAIRMAN
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