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HomeMy WebLinkAbout10-24-77 Council Meeting Minutesi REGULAR MEETING OCTOBER 24, 1977 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, October 24, 1977, at 7:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. R(1T.T. rAT.T. PRESENT: Council Members Serge, Szymkowiak, Miller, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: Council Member Taylor Council Member Taylor was approximately five minutes late for the meeting. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the October 10 & 11 meeting and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Chris Adams Council Member Horvath made a motion that the minutes of the October 10 & 11, 1977, meeting of the Council be placed on file, seconded by Council Member Kopczynski. The motion carried. Council President Parent welcomed the Adult Education Government Class from Central Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counc' Member Kopczynski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 24, 1977, at 7:04 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 152 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BRYANT LEASING COMPANY. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. 1 REGULAR MEETING OCTOBER 24, 1977 COMMITTEE OF THE WHOLE MEETING Mr. Kenneth Fedder, attorney for the Economic Development-Commission, made the presentation for the bill. He said this was an expansion of the existing facility. He said the Economic Development Commission approved this financing. He said there will be approximately thirty new jobs created with an estimated payroll of $350,000. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 153 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BRETT S. MORSE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He said this was to purchase land and improve- ments on the property located at 712 N. Niles Ave. He said there would be twenty new jobs create with an annual payroll of $520,000. He said the president of the company and the corporate at- torney were in the Chambers. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 154 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BILLY C. AND DORLIS M. GIBSON AND FRANK J. AND ROSEMARY D. McNAMEE. This bieng the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Developmen Commission, made the presentation for the bill. He said this was a Michigan Corporation, cur- rently operating on Ireland Road. He said this was to purchase land and construct their own facilities. He said there will be twenty -five new jobs with an annual payroll of $260,000. He said one of the principals was in the Chambers this evening. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 108 -77 A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (812 & 823 E. WASHINGTON, 111 S. NOTRE DAME AVE.) Council President Parent indicated that the petitioner had requested that this bill be tabled. He made a motion to send this bill to the Residential Neighborhood Committee, seconded by Council Member Adams. The motion carried. BILL NO. 121 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRELAND ROAD 954.3' WEST OF MIAMI.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Stephen Seall, local attorney, made the presentation for the bill. He said they wer e..seeking a revision of the site plan. He said in 1976 this was rezoned to permit the construction of a cafeteria. He said they wereseeking a change in use to a Slenderform. He said the building would cost one -half million dollars to erect and employ approximately fifteen employees. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 137 -77 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (701 PORTAGE AVE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, President of the Historic Preservation Society, made the presentation for the bill. He said they highly recommended that the former number six fire station be designated an historic landmark. He said this was an historically important area. Council President Parent recommended this bill to the Council favorable, seconde by Council Member Dombrowski. The motion carried. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth indicated he did not have anything to add to this hearing. Mr. Howard Goodhew, 2230 Topsfield Road, indicated that the present in- come from Clay Utilities could not support the annual lease payments. He spoke against this purchase. Mr. Paul Krueper, 1020 E. Colfax, indicated he agreed with Mr. Goodhew. He said he saw no reason why the City could not expand into the Clay area, other than the Franchise area. He said the City did not need to buy Clay Utilities at this time. Mr. Dan Manion, attorney representing Clay Concerned Citizens, read the following letter into the record: "To the Members of the South Bend Common Council Subject: Clay Utilities Mrs. Adams and Gentlemen: REGULAR MEETING OCTOBER 24, 1977 COMMITTEE OF THE WHOLE MEETING Council Member Adams made a motion to eliminate paragraph thirteen from the lease, seconded by Council Member Kopczynski. Mayor Nemeth indicated that Mr. Fitterling was not going to sell the utility without this included. A roll call vote was taken on the motion and it failed by a vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski.) Council Member Taylor made a motion that the bill go to Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylo and Dombrowski) and four nays (Council Members Kopczynski, Adams, Horvath and Parent) BILL NO. 141 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. Council Member Taylor made a motion to recommend this bill to the Council favorable; as amended, seconded by Council Member Dombrowski. The motion carried by a roll call vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four nays (Council Members Kopczynski, Adams, Horvath and Parent.) Council President Parent made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 8:40 p.m., and reconvened at 9:00 p.m. BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE- FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, indicated this bill should be amended to $120,000 for equipment purchase and $10,000 for contractual ser- vices, for a total of $130,000. Council President Parent made a motion to amend the bill to $130,000 wherever the amount appeared in the bill, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 149 -77 A BILL AMENDING CHAPTER 2-1 ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 2 -28 ENTITLED ANTI - NEPOTISM. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the bill. He said there had been some discussion by the Council to delay public hearing on this bill until November 14; however, he would like to make the following amendments to the bill: Section 2 -28 (a) (1) remove "or bureaus "; (3) after Department Directors add "and ",after Personnel Director change comma to period and strike balance of paragraph; (b) after official change comma to period and strike "with the following exception:; (1) strike in its entirety. He said this bill was not directed toward any elected official or cabinet member. He explained the Federal government's position on this matter. He said he thought this was a small step in the right direction. Council Member Taylor indicated the Council would like to take a further look at this bill. He made a motion to continue this until November 14, seconded by Council Member Serge The motion carried. BILL NO. 158 -77 A BILL APPROPRIATING $218,000.00 FROM THE LOCAL PUBLIC WORKS GRANT FUND FOR THE CONSTRUCTION OF A LANDSCAPED LIGHTED SURFACE PARKING FACILITY AND ACCESS AND SERVICE DRIVES, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were -given an opportunity to be heard. Mr. Joe Nagy, assistant director of fiscal operations, indicated this bill was for construction and contingency costs for a lighted, landscaped surface parking lot of 370 spaces to serve the Civic Center. He said access and service drives will also be constructed. Council Member Kopczynski asked where the money came from to do the work that has been done in the parking lot. Mr. Patrick McMahon, Director of Public Works, indicated the Street Department has done the work. Council Member Kopczynski asked the value of the work that has been done. Mr. McMahon indicated that if they had contracted for the service it would re- present fifteen days work, at a cost of approximately $20,000. Council Member Kopcyznski asked the value of the sewers. Mr. McMahon indicated from $3,000 to $4,000. Council Member Kopczynski indicated there was other work in the City that was slated to be done by the Street Department that was not finished. Mr. McMahon indicated all street work that was slated was finished. Count Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. Council Member Horvath indicated he would like to have an update of all moneys spent on the Century Center to date. He asked Mr. McMahon.to furnish these figures to the Council. The motion carried with Council Member Horvath opposing. BILL NO. 159 -77 A BILL APPROPRIATING $310,000.00 FROM THE LOCAL PUBLIC WORKS GRANT FUND, FOR THE RECONSTRUCTION AND CONSTRUCTION OF A RIVER BANK RETAINING WALL, LANDSCAPED, LIGHTED PEDES_ TRIAN WALKWAY, AND CANOE PORTAGE FACILITIES, TO BE AD- MINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent; were given an opportunity to be heard. Mr. Joe Nagy, assistant director of fiscal operations, made the presentation for the bill. He said this project also consists of administration, con- struction and contingency costs. He said the east bank river wall will be reconstructed, and in addition a landscaped, lighted pedestrian walkway and canoe portage facility will be constructed. REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6240 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BILLY C. AND DORLIS M. GIBSON AND FRANK J. AND ROSEMARY D. McNAMEE. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded Council Member Adams. The bill passed by a roll call vote of nine ayes. BILL NO. 108 -77 A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (812 & 823 E. WASHINGTON, 111 S. NOTRE DAME AVE.) Council Member Kopczynski made a motion to refer this bill to the Residential Neighborhoods Com- mittee, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6241 -77 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRELAND ROAD 954'3 WEST OF MIAMI.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6242 -77 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDI- NANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (701 PORTAGE AVE.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes and one nay (Counci Member Miller.) ORDINANCE NO. 6243 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASE OF WATER WORKS FACILITIES OF CLAY UTILITIES, INC. This bill had second reading. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of five ayes (Counci Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four nays (Council Members Kopczyn Adams, Horvath and Parent.) ORDINANCE NO. 6243 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. STATEMENT OF PURPOSE AND INTENT: Negotiations have been conducted for the leasing of the waterworks facilities currently owned and operated by CLAY UTILITIES, INC., in that part of its Service Area being that portion of Clay Township, St. Joseph County, Indiana, lying North of the Indiana East -West Toll Road, West of Hickory Road extended and East of the center line of the New York Central right -of -way, plus that portion of the Town of Roseland lying South of said Toll Road pursuant to the provision of Public Law 211 of the Acts of the Indiana General Assembly for the year 1975; CLAY UTILITIES, INC., is a public utility holding an indeterminate permit for the operation of a waterworks facility and as such is authorized by the above mentioned act to lease said por- tion of its waterworks facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the drafting and preparation of a proposed lease for said waterworks facilities; and A notice of a hearing on the proposed lease was given by publication in the South Bend Tribune, South Bend, Indiana, and said hearing has been held in accordance with said notice; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT Section 1. The proposed lease with Clay Utilities, Inc., and Clay Development Corp., as Lessor, provides for a fair and reasonable rental and further that the execution of said lease is necessary and wise. Section 2. The Clerk of the City of South Bend, Indiana, is authorized and directed to attest said lease and to initial and date a copy of the lease and to place the same in the minute book immeidately following the minutes of the meeting at which this Ordinance is passed, and said lease is a part of this Ordinance as fully as if the same were set forth herein. Section 3. The President of the Common Council be, and he is hereby authorized and directed to execute the aforesaid lease on behalf of the Common Council of the City of South Bend, Indiana Section 4. The President of the Common Council is authorized to execute all necessary certi fications, documents and instruments in connection with the Lease between Clay Utilities, Inc., and Clay Development Corp., as Lessor, and the City of South Bend, Indiana, as Lessee, dated as of the date hereof. Section 5. This ordinance shall be in full force and effect from and after its passage, due attestation and approval of the Mayor. /s /Roger 0. Parent Member of the Common Council REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) If, at any time, the Lessee fails to pay any such tax or assessment or fails to furnish evidence thereof as above provided, Lessor may, at its option, pay such tax or assessment, together with all interest and penalties thereon, and any amount so paid, with interest thereon at the rate of seven (7 %) percent per annum shall be additional rental payable by the Lessee under this Lease and shall be payable on demand; provided, however, that the Lessor shall be under no obligation to pay any such tax or assessment and any action or non - action of the Lessor in this regard shall not relieve the Lessee of any consequence of its default. 4. Restoration. In the event any part of the said utility facilities shall be partially or totally destroyed, whether by fire or any other casualty, so as to render the same unfit, in whole or part, for use and rendition of such utility services by the Lessee, it shall then be the obligation of the Lessor to restore and rebuild the facilities as promptly as may be done, unavoidable strikes and other causes beyond the control of the Lessor excepted; provided, however that the Lessor shall not be obligated to expend on such restoration or rebuilding more than the amount of the proceeds received by the Lessor from the insurance provided for in Clause 7 hereof. If there is in force on the date of such partial or total destruction, insurance on the demised premises and the rental value thereof in accordance with the provisions of Clause 7 hereo the rent shall be abated from the time of such partial or total destruction until the time that the utility facilities are again fit for operation. In the case of total destruction, the rental so abated shall be apportioned on a daily basis determined by dividing the annual rental provide for in Clause 2 hereof by the total number of day sin the year or years that the facilities are unfit for operation. In the case of partial destruction, the rental shall be apportioned on the basis of income from the portion damaged. If, and so often as, rent abates under this provision, the term of this lease shall be ex- tended for a period of time equal to the period of time of the rent abatement; provided, however, that in no event shall the term of this lease as so extended exceed a period of fifty (50) years. The proceeds from the rental value insurance shall be paid to the Lessor and shall be credited by Lessor to the payment of rental owing from Lessee for such extended period or periods of the term. 5. Alterations and Repairs. As additional rent, Lessee shall, at its own expense, during the full term of this Lease, keep the leased facilities and every part thereof in good condition j and repair. Lessor shall have the right of access to the facilities, at.reasonable times, for the purpose of inspecting the same. Lessee will not permit any mechanic's or materialman's or other lien to stand against the leased facilities for any labor or material furnished Lessee in connection with work of any character performed on said facilities by or at the direction of Lessee. If, at any time, the Lessee, fails to make necessary repairs, Lessor may, at its option, cause such repairs to be made, for which purpose it shall have free access to the facilities, and any amount so expended, with interest thereof at seven (7 %) percent per annum, shall be additional rental payable by the Lessee under this Lease and shall be payable on demand. 6. Extensions and Additions. Lessee shall be permitted at all times when there is no default herein, to make extensions and construct additions in the area to be served by the said utility facilities as described on Exhibit A and are specifically authorized to expend for such additions and extensions "other funds" not generated from the income of the operation of the leased facilities. Said facilities shall be construed as merged with and made a part of the leased facilities, provided, however, that upon any default and subsequent surrender and return of the leased facilities to the Lessor as provided in Clause 12, Lessor shall have the right to obtain a full and clear title to the same (including any land and easements upon which the same are located) by the payment to the Lessee of twenty -five (25 %) percent of the gross income collected from the customers served by said additions and extensions for a period of one hundred twenty (120) months but not to exceed an amount equal to said "other funds" less ap- plicable System Charges not subject to lease rental collected thereon. The debt and evidence of indebtedness in relation to such "other funds" for any such additions or extensions in the area described in Exhibit A shall be junior and subordinate to the terms and obligations of this lease. 7. Insurance. As additional rent, Lessee, at its own expense, will, during the full term of the lease, keep the insurable portion of the demised premises insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of the demised facilities or facilities of a similar type, in good and responsible insurance companies to the approval of the Lessor. Such insurance shall be in an amount equal to One Hundred Five (105 %) Percent of the full replacement cost of the leased facilities as certified by an archi- tect or engineer employed by Lessee, but to be satisfactory to the Lessor, on the effective date of this Lease and on or before the first day of April of each year thereafter. During the full term of this Lease, Lessee may also, at its own expense maintain rent or rental value insurance in an amount equal to the full rental value of the leased facilities for a period of one (1) year against physical loss or damage of the type insured against pursuant to the preceding re- quirements of this clause. Such policies shall be for the benefit of persons having an insurabl interest in the demised premises and shall be made payable to the Lessor or to such other person or persons as the Lessor may designate. Such policies shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, together with a certificat of the insurance commissioner certifying that the persons countersigning such policies are duly qualified in the State of Indiana as resident agents.of the insurers on whose behalf they may have signed, and the certificate of the architect or engineer hereinbefore referred to shall be deposited with the Lessor. If, at any time, the Lessee fails to maintain insurance in accordant with this clause, such insurance other than rent or rental value insurance, may be obtained by the Lessor and the _amount paid therefore, together with.interest thereon at the rate of seven (7 %) percent per annum, shall be added to the amount of rental payable by the Lessee under this Lease and shall be payable upon demand; provided, however, that the Lessor shall be under no obligation to obtain such insurance and any action or non - action of the Lessor in this regard shall not relieve the Lessee of any consequence of its default in failing to obtain such in- surance, including its obligation to continue the rental payments in case of total or partial destruction of the facilities as provided in Clause 4 thereof. 8. Indemnity. Lessee shall at all times during the term hereof, and each extension thereo keep in effect, in responsible companies, liability insurance in the names and for the benefit of Lessee and Lessor with limits of not less than $2,000,000.00 for bodily injury and $500,000.0 for property damage. REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) option, upon ninety (90) days advance notice, to terminate this entire lease without further obligation. 14. Limitation on Lease Execution. Lessors authorization for its officers to execute this -lease has been given upon the express condition that the approval of the same by the Common Council of the CIty of South Bend must occur no later than October 31, 1977, and failure to ap- prove the same as aforesaid shall release Lessor from any and all obligations in relation theret 15. Notices. Any demand, notice or request shall be sufficient if deposited in the United States Mail, postage prepaid, registered or certified, and addressed to Lessor at 1814 American National Bank Building, South Bend, Indiana 46601, or the Lessee to the attention of the Presider of the Common Council and the South Bend City Attorney at the County -City Building, South Bend, Indiana 46601, or at such other address as Lessor or Lessee may, from time to time specify by like notice. Any such notice shall be deemed to have been given on the date on which the same is deposited in the United States Mail. 16. Successors or Assigns. All covenants and provisions of this Lease shall be binding upon and shall insure to the benefit of the sucessors and assigns of the respective parties hereto. 17. Construction of Covenants. Lessor consists of two corporations as follows: Clay Utilities, Inc., being a public utility holding an indeterminate permit and having the power to lease such utility facilities to Lessee under the provisions of Burns Indiana Statues Annotated Code edition I.C. 1971, 19 -3 -11.5 as added by Acts 1975, P.L. 214, is a wholly owned subsidiary of Lessor Clay Development Corp. All provisions herein contained shall be construed in accordanc with the provisions of said Act and to the extent of inconsistencies, if any, between the covenar and agreements in this Lease and the provisions of said Act, the provisions of said Act shall be deemed to be controlling and binding upon Lessor and Lessee. 18. Severability. If any provision of this lease, or its application to any circumstance, is held invalid, the invalidity does not affect other provisions that can be given effect withou the invalid provision or application. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf the day and year first hereinabove written. CLAY UTILITIES, INC. ATTEST: BY Homer W. Fitterling, President and Director Maxine 0. Fitterling, Secretary and Director CLAY DEVELOPMENT CORP. ATTEST: BY Homer W. Fitterling Maxine 0. Fitterling, Secretary and Director CITY OF SOUTH BEND, INDIANA ATTEST: BY Peter J. Nemeth Its Mayor Irene Gammon, City Clerk BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA BY Thomas J. Brunner, Jr. ATTEST: BY Peter H. Mullen Patricia DeClercq BY Clerk Patrick M. McMahon BOARD OF WATER WORKS COMMISSIONERS BY Patrick M. McMahon ATTEST: BY Thomas J. Brunner, Jr. Jeanne Wilcox, Secretary BY Peter H. Mullen Approved as to form and Legality: BY Thomas J. Brunner, Jr., City Attorney Approved by Common Council of the City of Soptp Bend On the day of BY - _ Ro e rent, Presi g Officer 1977. REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED E X H I B I T B TO L E A S E WATERWORKS FACILITIES INTEREST FACTOR: 70 PURCHASE PRICE WATERWORKS FACILITIES BEFORE RENTAL PAYMENT: $708,875.00 Based on Purchase Price and Interest Factor of 7% * 330,039.93 311,369.33 292,045.26 272,044.84 251,344.41 229,919.46 207,744.64 184,793.70 161,039.48 136,453.86 111,007.75 84,671.02 57,412.51 29,199.95 -0- *Stated purchase prices listed herein for each date are only applicable if the applicable lease rental payment has been made and all other payments are current at the purchase date. ORDINANCE NO. 6244 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASE OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This bill had second reading. Council Member Taylor made a motion to pass the seconded by Council Member Dombrowski. The bill passed by a roll call vote of Members Serge, Szymkowiak, Miller, Taylor andDombrowski) and four nays (Council Adams, Horvath and Parent.) ORDINANCE NO. 6244 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. STATEMENT OF PURPOSE AND INTENT bill, as amended, five ayes (Council Members Kopczynsk Negotiations have been conducted for the leasing of the sewage disposal facilities currently owned and operated by CLAY UTILITIES, INC., in that part of its Service Area being that portion of Clay Township, St. Joseph County, Indiana, lying North of the Indiana East -West Toll Road, West of Hickory Road extended and East of the center line of the New York Central right -of -way, plus that portion of the Town of Roseland lying South of said Toll Road pursuant to the provision of Public Law 211 of the Acts of the Indiana General Assembly for the year 1975. CLAY UTILITIES, INC., is a sewage disposal company holding a certificate of territorial authority for the operation of a sewage.disposal facility and as such is authorized by the above mentioned act to lease said portion of its sewage disposal facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the drafting and preparation of a proposed lease for said sewage disposal facilities. A notice of a hearing on the proposed lease was given by publication in The South Bend Tribune, South Bend, Indiana, and said hearing has been held in accordance with said notice; THAT: NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, Based on Purchase Due Date of Price and Interest Due Date of Rental Payment Factor of 7 %* Rental Payment 1 703,464.33 36 2 697,863.58 37 3 692,066.81 38 4 686,067.15 39 5 679,857.50 40 6 673,430.51 41 7 666,778.58 42 8 659,893.83 43 9 652,768.11 44 10 645,392.99 45 11 637,759.74 46 12 629,859.33 47 13 621,682.41 48 14 613,219.29 49 15 604,459.97 50 16 595,394.07 17 586,010.86 18 576,299.24 19 566,247.71 20 555,844.38 21 545,076.93 22 533,932.62 23 522,398.26 24 510,460.20 25 498,104.31 26 485,315.96 27 472,080.02 28 458,380.82 29 444,202.15 30 429,527.23 31 414,338.68 32 398,618.53 33 382,348.18 34 365,508.37 35 348,079.16 Based on Purchase Price and Interest Factor of 7% * 330,039.93 311,369.33 292,045.26 272,044.84 251,344.41 229,919.46 207,744.64 184,793.70 161,039.48 136,453.86 111,007.75 84,671.02 57,412.51 29,199.95 -0- *Stated purchase prices listed herein for each date are only applicable if the applicable lease rental payment has been made and all other payments are current at the purchase date. ORDINANCE NO. 6244 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASE OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This bill had second reading. Council Member Taylor made a motion to pass the seconded by Council Member Dombrowski. The bill passed by a roll call vote of Members Serge, Szymkowiak, Miller, Taylor andDombrowski) and four nays (Council Adams, Horvath and Parent.) ORDINANCE NO. 6244 -77 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. STATEMENT OF PURPOSE AND INTENT bill, as amended, five ayes (Council Members Kopczynsk Negotiations have been conducted for the leasing of the sewage disposal facilities currently owned and operated by CLAY UTILITIES, INC., in that part of its Service Area being that portion of Clay Township, St. Joseph County, Indiana, lying North of the Indiana East -West Toll Road, West of Hickory Road extended and East of the center line of the New York Central right -of -way, plus that portion of the Town of Roseland lying South of said Toll Road pursuant to the provision of Public Law 211 of the Acts of the Indiana General Assembly for the year 1975. CLAY UTILITIES, INC., is a sewage disposal company holding a certificate of territorial authority for the operation of a sewage.disposal facility and as such is authorized by the above mentioned act to lease said portion of its sewage disposal facilities to the CITY OF SOUTH BEND, INDIANA, and has assisted in the drafting and preparation of a proposed lease for said sewage disposal facilities. A notice of a hearing on the proposed lease was given by publication in The South Bend Tribune, South Bend, Indiana, and said hearing has been held in accordance with said notice; THAT: NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) The beginning date of said lease shall be established by an addendum executed by the parties hereto as soon as the same may be done after the satisfaction of the foregoing condition! as applicable and such addendum shall be recorded as an addition to this lease. With the ex- ception of easements, the Lessor hereby represents that it is possessed of, or will acquire a good and indefeasible estate and title to the above described assets, and Lessor warrants and will defend the same against all claims whatsoever, not suffered or caused by the acts or omissions of Lessee or its assigns. 2. Semi - Annual Rental Payments. The Lessee agrees to pay rental for said premises at the rate of One Hundred Two Thousand One Hundred Eighty -six ($102,186.00) Dollars per year, during the term of this lease. To the extent that excess operating revenues are inadequate to finance the cost of extending the utility services, it is contemplated that Lessee will finance the cost of so extending the utility service with "other funds" pursuant to Clause 6. Rental pay- ments shall be made semi - annually for the preceding six (6) months period starting on the last day of the first six (6) month period. All rentals payable under the terms of this lease shall be paid by the Lessee to the Lessor at 1814 American National Bank Building, South Bend, Indiana 46601, or to such other person /s, company, or corporation, or at such other place as the Lessor may designate in writing from time to time. All payments so made by the Lessee pursuant to any such designation shall be considered as payment to the Lessor of the rental payable hereunder. 3. Taxes and Assessments. The Lessee shall pay as further rental for said premises all taxes and assessments levied against or on the leased property. Any and all such payments shall be made and satisfactory evidence of such payments in the form of receipts shall be furnished to the Lessor by the Lessee at least three (3) days before the last day upon which the same must be paid to avoid delinquency. In case the Lessee shall in good faith desire to contest the validity of any such tax or assessment, and shall so notify the Lessor, and shall furnish bond with surety to the approval of the Lessor, conditioned for the payment of the charges so desired to be contested, and all damage or loss resulting to the Lessor from the non - payment thereof when due, the Lessee shall not be obligated to pay the same until such contests shall have been determined. If, at any time, the Lessee fails to pay any such tax or assessment or fails to furnish evidence thereof as above provided, Lessor may, at its option, pay such tax or assessment, to- gether with all interest and penalties thereon, and any amount so paid, with interest thereon at the rate of seven (7 %) percent per annum shall be additional rental payable by the Lessee under this Lease and shall be payable on demand; provided, however, that the Lessor shall be under no obligation to pay any such tax or assessment and any action or non- action of the Lessor in this regard shall not relieve the Lessee of any consequence of its default. 4. Restoration. In the event any part of the said utility facilities shall be partially or totally destroyed, whether by fire or any other casualty, so as to render the same unfit, in whole or part, for use and rendition of such utility services by the Lessee, it shall then be the obligation of the Lessor to restore and rebuild the facilities as promptly as may be done, unavoidable strikes and other causes beyond the control of the Lessor excepted; provided, however that the Lessor shall not be obligated to expend on such restoration or rebuilding more than the amount of the proceeds received by the Lessor from the insurance provided for in Clause 7 hereof. If there is in force on the date of such partial or total destruction, insurance on the demised premises and the rental value thereof in accordance with the provisions -.of Clause 7 hereof, the rent shall be abated from the time of such partial or total destruction until the time that the utility facilities are gain fit for operation. In the case of total destruction, the rental so abated shall be apportioned on a daily basis determined by dividing the annual rental provided for in Clause 2 hereof by the total number of days in the year or years that the facilities are unfit for operation. In the case of partial destruction, the rental shall be apportioned on the basis of income from the portion damaged. If, and so often as, rent abates under this provision, the term of this lease shall be ex- tended for a period of time equal to the period of time of the rent abatement; provided, however that in no event shall the term of this lease as so extended exceed a period of fifty (50) years The proceeds from the rental value insurance shall be paid to the Lessor and shall be credited by Lessor to the payment of rental owing from Lessee for such extended period or periods of the term. 5. Alterations and Repairs. As additional rent, Lessee shall, at its own expense, during the full term of this Lease, keep the leased facilities and every part thereof in good condition and repair. Lessor shall have the right of access to the facilities, at reasonable .times, for the purpose of inspecting the same. Lessee will not permit any mechanic's or materialman's or other lien to stand against the leased facilities for any labor or material furnished Lessee in connection with work of any character performed on said facilities by or at the direction of Lessee. If, at any time, the Lessee fails to make necessary repairs, Lessor may, at its option, cause such repairs to be made, for which purpose it shall have free access to the facilities, any any amount so expended, with interest thereon at seven (70) percent per annum, shall be additional rental payable by the Lessee under this Lease and shall be payable on demand. 6. Extension and Additions. Lessee shall be permitted at all times when there is no de- fault herein, to make extensions and construct additions in the area to be served by the said utility facilities as described on Exhibit A and are specifically authorized to expend for such additions and extensions "other funds" not generated from the income of the operation of the leased facilities. Said facilities shall be construed as merged with and made a part of the leased facilities, provided, however, that upon any default and subsequent surrender and return of the leased facilities to the Lessor as provided in Clause 12, Lessor shall have the right to obtain a full and clear title to the same (including any land and easements upon which the same are located) by the payment to the Lessee of twenty -five (250) percent of the gross income col- lected from the customers served by said additions and extensions for a period of one hundred twenty (120) months but not to exceed an amount equal to said "other funds" less applicable Systems Charges not subject to lease rental collected thereon. REGULAR MEETING OCTOBER 24r 1977 REGULAR MEETING RECONVENED (CONTINUED) 12. Defaults. If the Lessee shall default in the payment of any rentals or other sums payable to the Lessor hereunder, or in the payment of any other sum herein required to be paid for the Lessor, or in the observance of any other covenant, agreement or condition hereof, and such default shall continue for ninety (90) days after written notice to correct the same, then in any or either of such events the estate and interest of the Lessee hereunder shall, at the option of the Lessor, terminate without further notice, and it shall be lawful for the Lessor forthwith to resume possession of the demised premises, and the Lessee covenants to surrender the same forthwith upon demand. The exercise by the Lessor of the above right to terminate the Lease shall not release the Lessee from the performance of any obligation hereof maturing prior to the Lessor's actual entry into possession. No waiver by.the Lessor of any right to terminate this Lease upon any default shall operate to waive such right upon the same or other default subsequently occurring. Lessee shall not terminate this Lease because of default on the part of Lessor unless such default shal_ continue for ninety (90) days after written notice from Lessee to correct the same. 13. INTERIM MANAGEMENT, OPERATION, MAINTENANCE AND TERMINATION. Recognizing the potential difficulties to Lessor of retaining its operating personnel during an extended period of time from the execution of this lease and the beginning date, and also to facilitate the uninterruptec transition of the utility services at the beginning date, the Lessee agrees, to the extent authorized by law, to take over the complete managment, operatiion and maintenance of the utilitN facilities on the 15th of the month following the date of execution of the lease and shall so continue for a period of twenty -four (24) months or the beginning date of said lease, whichever first occurs. Lessee shall retain as its sole compensation and income an amount equal to the charges for sewage treated as provided in the contract between the parties dated March 22, 1965, as amended, to which shall be added ($.05) Cents for each One Hundred (100) Cubic Feet of said sewage treated for its management- operation services and the additional field (including main- tenance), billing and miscellaneous services, and shall pay over the residue of the Lessor's Gross Revenues to Lessor. Although said compensation is intended to be all inclusive, Lessor shall still remain liable for all property taxes, Indiana and Federal Income Taxes together with such independent auditing and professional fees as Lessor shall incur on its own account. In the event that the direct costs for labor, materials, and outside contract services paid out and expended by the Lessee over the aforesaid period of time for necessary repairs and /or replacement exceeds the Gross Revenues received by the Lessee as hereinabove provided, then and in that event, said excess shall be paid over to Lessee by Lessor. In the event the beginning date has not occurred at the expiration of the aforesaid twenty - four (24) month period, Lessee shall have the unilateral option, upon ninety (0) days advance notice, to continue the aforesaid interim operation and services on a like basis until said be- ginning date or for twelve (12) additional months, whichever first occurs. In the further event that said beginning date has not occurred at the expiration of said twenty -four (24) month perioc and Lessee has not exercised its option to continue the interim operation, or Lessee having ex- ercised its option and said beginning date has not occurred by the expiration of the thirty -six (36) month period (24 plus 12), then and in either of such events Lessor shall have the unilaterz option, upon ninety (90) days advance notice, to terminate this entire lease without further ob- ligation. 14. Limitation on Lease Execution. Lessors authorization for its officers to execute this lease has been given upon the express condition that the approval of the same by the Common Council of the .City of South Bend must occur no later than October 31, 1977, and failure to ap- prove the same as aforesaid shall release Lessor from any and all obligations in relation there- to. 15. Notices. Any demand, notice or request shall be sufficient if deposited in the United States Mail, postage prepaid, registered or certified, and addressed to Lessor at 1814 American National Bank Building, South Bend, Indiana 46601, or the Lessee to the attention.of the Preside of the Common Council and the South Bend City Attorney at the County -City Building, South Bend, Indiana 46601, or at such other address as Lessor or Lessee may, from time to time specify by like notice. Any such notice shall be deemed to have been given on the date on which the same is deposited in the United States Mail. 16. Successors or Assigns. All covenants and provisions of this Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 17. Construction of Covenants. Lessor consists of two corporations as follows: Clay Utilities, Inc., being a public utility holding an indeterminate permit and having the power to lease such utility facilities to Lessee under the provisions of Burns Indiana Statutes An- notated, Code edition I.C. 1971, 19 -2 -5.5 as added by Acts 1975, P.L. 211, is a wholly owned subsidiary of Lessor Clay Development Corp. All provisions herein contained shall be construed in accordance with the provisions of said Act and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and the provisions of said Act, the pro- visions of said Act shall be deemed to be controlling and binding upon Lessor and Lessee. 18. Severability. If any provision of this lease, or its application to any circumstance, is held invalid, the invalidity does not affect other provisions that can be given effect with- out the invalid provision or application. REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) STATE OF INDIANA ) COUNTY OF ST. JOSEPH) SS: Before me, a Notary Public in and for said County and State, personally appeared Homer W. Fitterling and Maxine 0. Fitterling, President and Secretary respectively of Clay Develop- ment Corp., personally known to me to be such officers, and acknowledged the execution of the foregoing Lease for and on behalf of said corporation. WItness my hand and notarial seal this day of Seal My Commission Expires: STATE OF INDIANA ) COUNTY OF ST. JOSEPH) SS: , 1977. Written Signature Printed Signature Before me, A Notary Public in and for said County and State, personally appeared Peter J. Nemeth, Thomas J. Brunner, Jr., Peter H. Mullen, Patricik M. McMahon, Patricia E. DeClercq, Roger 0. Parent, Jeanne Wilcox and Irene Gammon, personally known to me to be the applicable Officials of Lessee, and acknowledged the execution of the foregoing Lease for and on behalf of said CITY OF SOUTH BEND, INDIANA. WITNESS my hand and notarial seal this day of (Seal) My Commission Expires: This instrument was prepared by: EXHIBIT A TO LEASE SEWAGE DISPOSAL FACILITIES , 1977. Written Signature Printed Signature The entire sewage disposal collector system of Clay Utilities in use or useful in the rendition of sewage utility services in German and Clay Townships, St. Joseph County, Indiana, including all mains, manholes, laterals, force -main, lift station, inverted siphons, metering weir, six - inch service connections and all appurtenances thereto relating, together with applicable en- gineering, franchises and organization, easements- DeJure and DeFacto, and customer lists with security deposits; but not including office supplies, furniture and fixtures, tools, truck, cash, accounts receivable and other current assets. SERVICE AREA FRANCHISED OR CERTIFICATED AREA Land in St. Joseph County described as follows: "That portion of Clay Township lying North of the Indiana East -West Toll Road, West of Hickory Road extended and East of the center line of the New York Central right -of -way, plus that portianof the Town of Roseland lying South of said Toll Road." EXHIBIT B TO LEASE SEWAGE DISPOSAL FACILITIES INTEREST FACTOR: 7% PURCHASE PRICE SEWAGE DISPOSAL FACILITIES BEFORE RENTAL PAYMENT: $1,198,417.00 Due Date of Rental Payment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Based on Purchase Price and Interest Factor of 70.* 1,189,269.51 1,179,800.94 1,170,000.97 1,159,858.00 1,149,360.03 1,138,494.63 1,127,248.94 1,115,609.65 1,103,562.99 1,091,094.69 1,078,190.00 1,064,833.65 1,051,009.83 1,036,702.17 1,021,893.75 1,006,567.03 990,703.88 974,285.52 957,292.51 Based on Purchase Due Date of Price and Interest Rental Payment Factor of 7% * REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6250 -77 AN ORDINANCE TRANSFERRING $5,815.00 AMONG VARIOUS ACCOUNTS WITHIN THE POLICE DEPARTMENT BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seco by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6251 -77 AN ORDINANCE APPROPRIATING $3,500.00 FROM THE FEDERAL AS- SISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED THROUGH THE.BUREAU OF POLICE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 591 -77 A RESOLUTION TRANSFERRING $2,100.00 FROM ACCOUNT 215.0 CAR ALLOWANCE TO ACCOUNT 213.0 TRAVEL EXPENSE. BOTH ACCOUNTS ARE IN THE COUNCIL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the exiting annual budget so that it is now necessary to transfer money from one account to another in the annual budget to allow the Council members to participate in the annual convention of the Nation League of Cities, and WHEREAS, it has been ascertained that a certain account in the Council Fund has more money than is needed at this time. NOW, THEREFORE, BE IT.RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. to -wit: ACCOUNT NO. .0215.0 That the following account be reduced in the amount set opposite said account, DESCRIPTION Car Allowance AMOUNT $2,100.00 SECTION II. That the following account be increased in the amount set opposite said account to -wit: ACCOUNT NO. DESCRIPTION AMOUNT .0213.0 Travel Expense $2,100.00 That the transfer of funds as set forth in Section I and Section II are necessary for the furthe ence of educational activities of the Council and to further the proper and efficient operation and functioning of the Council. An extraordinary emergency is declared to exist concerning the foregoing transfer, and it is in the best interest to do so. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Council President Parent said this was a. transfer from 'car allowance to the travel account. He said that many Council Members will be- attenting the National Legal of Cities convention, and the transfer was necessary.to meet cost Member Parent made a motion to adopt this resolution, seconded by Council Member Szymkowiak. ThE resolution was adopted by a roll call vote of nine ayes- RESOLUTION NO. 592 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE SOUTH BEND HUMAN RIGHTS COMMISSION IN ITS DECISION TO PURSUE LEGAL REMEDIES CHALLENGING THE DECISION IN THE COURT OF APPEALS OF INDIANA THAT LOCAL HUMAN RIGHTS COMMISSIONS HAVE LIMITED POWER. WHEREAS, the Court of Appeals of Indiana has issued an opinion limiting the powers of local Human Rights Commissions in the State of Indiana; and WHEREAS, the Human Rights Commission of the City of South Bend, Indiana, does not support that decision; and WHEREAS, said Commission would like to challenge that decision through the appelate court system; and WHEREAS, the Common Council is supportive of the efforts of the Human Rights Commission NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the following account be reduced in the amount set opposi t-- said account, to -wit: ACCOUNT NO. .0230.0 .0215.0 .0212.0 SECTION II. to -wit: DESCRIPTION Instruction Car Allowance Postage AMOUNT $4,489.70 700.00 38.85 That the following account be increased in the amount set opposite said account REGULAR MEETING OCTOBER 24, 1977 REGULAR MEETING RECONVENED (CONTINUED) Unfinished Business Reports from Area Plan : .3101 S. Michigan St., 2010 & 2014 Mishawaka Ave., Northeast corner of Miami and Jackson Rd., West-of Maple Road, south of Cleveland Rd., and north of the Chicago -South Shore and South Bend Railroad. Council Member Adams made .a motion to set the appropriate bills for public hearing and second reading November 14, 1977, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS. Council Member Taylor indicated he had received several phone calls regarding the fact that con- crete streets in his district were not being repaired. He said he felt the people in the Fifth District were not getting the attention they should be getting. Mr. Patrick McMahon indicated he would give the Council a report street by street. Council Member Kopczynski indicated he had received a lot of complaints regarding the sewer pro- ject in the Model Cities area. Council Member Adams announced there would be a Personnel & Finance Committee meeting November 7, at 6:00 p.m. She asked Mr..Brunner for the list of leases.of City -owned property. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 6:05 p.m. ATTEST: APPROVED: City Clerk Presi e