HomeMy WebLinkAboutEnabling the City to Exchange all Powers Granted to it by the Home Rule LegislationORDINANCE No. 7096 -82
Passed by the Common Council of the City of South Bend,
ust 30, ., 82
/l
K. GAMMON
Cti(,
Presented by me to the Mayor of the City of South Bend,
August 31 X982
Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me �9
Clerk
BILL NO 1011— kZ
ORDINANCE N0. 7° 9 ff2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ENABLING THE CITY TO
EXERCISE ALL POWERS GRANTED TO IT BY THE HOME
RULE. LEGISLATION.
STATEMENT OF PURPOSE AND INTENT
The Common Council recognizes that the Indiana State laws
were recently codified into one Title with regards to local governmental
laws. Previously, such laws were scattered throughout Titles 17, 18 and
19 of the Indiana Code.
Title 36 of the Indiana Code, commonly referred to as the
"Home Rule Legislation ", incorporates the various powers, authorities
and responsibilities to local governmental units. By virtue of these
powers, a governmental unit may adopt and implement further powers, functions,
or services which are tailored to meet the special local requirements
which State law does not address. Therefore aside from providing additional
powers, local governmental units will need to invoke Home Rule authority
in passing local ordinances to continue powers or procedures formerly
granted by specific State statute.
Several statutes were repealed on September 1, 1981, however
a local governmental unit may continue to operate under a repealed statute
if a local ordinance is passed incorporating the procedure which was
previously provided by the State statute.
In order to avoid a "gap" of authority, the following Bill
incorporates the procedures which are currently authorized by statute
and repealed by Acts 1980, Public Law 211 (the 1980 Home Rule Bil1),and
Acts 1981, Public Law 13 (the 1981 Repealer Bill) whose deadline is
September 1, 1982.
NOW, THEREFORE, BE IT ORDAINED BY THE C014MON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend,
Indiana, hereby declares that the procedures, rights, and ordinances passed
pursuant to specific State legislation which have been repealed by Acts
1980, Public Law 211, and Acts 1981, Public Law 13, shall be continued
and ratified. Such authority to continue to operate shall remain in full
force and effect, and shall include but not be limited to the following:
1. Youth Services Bureau
2. Permissive expenses for municipal promotion
3. Membership in associations
4. Water Works operations
5. Transportation systems,
6. Underground and overhead structures regulation over streets
and alleys, and
7. Establishment of City executive departments.
The present procedures used by each-of the above shall be continued in full
force and effect until amended by ordinance of this Council.
SECTION II. This ordinance shall be in full force and effect
August 31, 1982, and upon its passage by the Common Council and approval
by the Mayor.
,st R:AD;NG a— 3 v •s,2FILE0 IN CLERK'S OFFIR
PUBLIC HEARING 8 -30 -& Z
2nd READING 8.30. f 1 AUG 3 '; 1582
NOT APPROVED
REFERRED
PASSED gaoSo - gl Irene Gammon
Stiff CITY CLERtt SOUTH BEND, tND.
CITY of SOUTH BEND
COMMON COUNCIL
441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Area 219 2849321
LEWIS A. McGANN
President
(� p
August 25,, 1982
BEVERLY D. CRONE
Vice President
JOHN VO
Chairman, an,
Members of the Common Council
Committee of me Whole
4th. Floor
JOSEPH T. SERGE
Building
County-City Building
First District
South_ Bend, Indiana 46601.
WALTER M. SZYMKOWIAK
Second District
BEVERUE J. BECK
Dear Council Members:
Third District
LEWIS MCGANN
Fourth th District
I am recommending that the. proposed Bill be heard
ROBERT G. TAYLOR
at the - Council meeting set for Monday, August. 30.,, 1982..
Fifth District
This suspension of the rules is necessary in order to
RAYMOND C. ZIELINSKI
avoid a "gap" of authority with regards to some of the
Siiio District
particular areas addressed in Section I of the Bill.
BEVERLY D. CRONE
At Large
JOHN J. HARRIS, Jr.
This Bill, Bill No.. 101 -82 would in effect allow the
At Large
City of South Bend to continue its present procedures
JOHN VOORDE
which it has been using with. regards to the Youth Services
At Large
Bureau, promotional expenses, memberships in associations
KATHLEEN CEKANSKI FARRAND
and City executive departments. The State legislation
Council Attorney
addressing these items as well as the other items listed
in Section I of the Bill has been repealed under the new
Home Rule Legislation. Therefore, in order for the City
to continue such powers or procedures formerly granted
by these specific State statutes, an ordinance must be
passed prior to September 1, 1982 incorporating such powers
or procedures.
It is anticipated that each of these areas will he
specifically addressed in the reorganization Bill which is
presently being studied by the Common Council.
I thank you for your consideration.
Sincer 1 ,
Kathle` ekanski - Farrand
Council Attorney
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