Laserfiche WebLink
362 <br />Be it remembered that the 'Common Council of the City of South Bend, Indiana, met in regular session in the Council <br />Chambers, City Hall, Monday, July 10,1944, at 7:30 P.M. with all members present. President Niezgodski presided. <br />The reading of the minutes of the previous meeting was waived. <br />ORDINANCE NO. 3481 <br />AN ORDINANCE TRANSFERRING THE SUM OF $22,720.42, THE 1943 BALANCE OF THE MOTOR <br />VEHICLE HIGHGRAY FUND, FROM THE CITY GENERAL FUND TO THE STREET AND TRAFFIC FUND. <br />The ordinance was given first and second reading. Councilman Richardson made a motion for the suspension of rules. <br />Councilman Nirocha seconded the motion. Motion carried.by a roll call vote of 9 ayes - 0 nays. The ordinance was <br />given third reading and passed by a roll call vote of 9 ayes - 0 nays. <br />MEMORANDUM: <br />RE:: TAXATION OF BUSSES BY THE CITY OF SOUTH BEND, INDIANA. <br />At the present time the City assesses a tax'in the amount of $50.00 per bus, per annum, under and in accordance with <br />the terms of Ordinance No. 2135 (later amended, but not changed in any material matter). <br />The question of whether or not the City of South Bend is legally entitled to assess taxes, other than regulatory tax- <br />es under its police power, is a matterof statutory construction. Applicable statutes relate to the general powers <br />of the Common Council, and to a determination of the actual meaning of legislation concerning the Public Service <br />Commission of Indiana, and of the Motor Vehicle law. These various statutes have been changed and amended from time <br />to time, so that the questions requiring interpretation are complex. <br />A study _of these laws has led the Office of the City Attorney to the conclusion that a tax can legally be imposed by <br />the City ,Council on busses in the City of South Bend. <br />Respectfully submitted, <br />Nathan Levy, City Attorney <br />Following--this report, a discussion was had by a representative of the Civic Planning Assocation and Eli Seebirt, <br />Attorney for the bus lines. Councilman Richardson made a motion to table the discussion until a later date. Council- <br />man McCarthy seconded the motion. Motion carried by a vote of 7 ayes - 0 nays - 2 absent (Councilmen Mirocha and <br />Brannan had left meeting). <br />A meeting of the Finance Committee was announced for Monday, July 17. <br />There being no further business, Council adjourned at 8 :37 P.M. <br />APPROVED: <br />CLEPH PROSIDENT <br />. <br />X <br />