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HomeMy WebLinkAbout06-27-73 Council Meeting MinutesREGULAR MEETING ....+++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ JUNE 27, 1973 Be it remembered that the Common Council of the City of South'Bend met in the Morris Civic Auditorium at 211 North Michigan Street, South Bend, on Wednesday, June 27, 1973, at 7:00 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to Flag was given. ROLL CALL PRESENT: Councilmen-Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Wednesday, June 27, 1973, at 7:02 p.m., with nine members present. Chairman Odell Newbur presided. He indicated that the Council was meeting in a business session and he asked the cooper tion of everyone in attendance in order to have an orderly meeting. He requested that speakers delete personalities from their presentations. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND, INDIANA, AND PACKARD INSTRUMENT COMPANY, INC., DOWNERS GROVE, ILLINOIS, FOR THE PURCHASE OF A MODEL 8087 (419 SERIES) GAS CHROMATOGRAPH SYSTEM, IN THE AMOUNT OF $7,268.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department o Public Works, made the presentation for the ordinance. He explained that the latest edition of the Standard Methods for the Examination of Water and Wastewater required specialized laboratory instruments in order to detect and identify pollutants in the water. He indicated that the above system could also detect vaporous materials. He mentioned that federal requirements are becoming very rigid and he was concerned over the large cost of the chemicals the city was using. He con- cluded by indicating that this control was needed because of the federal regulations. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $92,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE DEPARTMENT OF SAFETY OF THE CITY OF SOUTH BEND, INDIANA. Councilman Parent made a motion that the ordinance be continued to the July 9, 1973, regular meeting of the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (CLAY AND GERMAN TOWNSHIPS). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn requested that the speakers gi their names and addresses for the record. Council President Nemeth made a motion to amend the ordinance at Section 1, as presented to the City Clerk, seconded by Councilman Taylor. The motion carried. Council President Nemeth then a motion to amend the ordinance at Section 3 to read as follows: The resolutions relating to this annexation adopted by the Board of Works, Board of Safety and Board of Water Works Commissioners of South Bend, Indiana, are hereby approved and incorporated by reference into this ordinance and said resolutions shall be inserted into the minutes of the Common Council, and shall be kept on file by the City Clerk of South Bend, Indiana. REGULAR MEETING JUNE 27, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Kopczynski seconded the motion to amend. The motion carried. Mr. Robert Parker, Chief Deputy City Attorney, made the presentation for the ordinance. The general description of the proposed annexation is as follows: A tract of land generally described as the south and central part of Clay Township and bounded on the north by Brick Road, on the south by the Indiana Toll Road, on the west by the city limits and Lilac Road, on the east by Hickory Road, also a mile wide section along U.S. 31 from the state line to Brick Road. _ Mr. Parker indicated that, between 1865 and 1972, the city has annexed 142 times by ordinance. In 1973, there have been two such annexation ordinances. He indicated that the territory to be annexed consists of 3,452 acres of land. The area contains 5.39 square miles, 72 miles of streets and 2.6 miles of state highway. Based on the 1970 census, the population of the area is 10,830. The area is primarily residential with 2,991 residential units, 120 commercial and business structures and 7 industrial structures. Mr. Parker indicated that the boundary change by the proposed amendment occurs in the northeast part of the area and follows section lines and recorded plats. He also indicated that the primary purpose of the amendment is to assure that there are three persons per acre in order to meet statutory requirements of the annexation law. The requirements for annexation are as follows: (1) there must be one - eighth contiguity to the existing city limits, and the area proposed to be annexed is 13.5% contiguous to the present city limits of South Bend; (2) there must be three persons per acre, and the area proposed to be annexes contained 3.13 persons per acre. Since 1970, 400 to 500 houses have been constructed in the area; and (3) the city must have a definite policy for servicing governmental and proprietary services to the area within three years and must be similar to other areas of the city that have similar population, and land use, etc. The services to be furnished the proposed annexed area have been included in the resolution adopted by the Board of Safety. Mr. Parker indicated certain pro- visions may be inserted into the ordinance and the effective date of annexation may be postponed. He indicated that the Common Council may also, by ordinance, impound taxes for a period not to exceed three years and use the impounded taxes for improvements and supplying services to the area This provision has been contained in the proposed ordinance. Mr. Parker indicated that the pro- visions are not mandatory. He briefly talked about the merits of annexation and inquiries into annexation in order to determine if the annexation is in the best interests of the city and the area to be annexed. He indicated that the city had guidelines that can be followed and have been followed. He talked briefly on the cases in Indiana and the findings of the courts. The findings upholding annexation are as follows: (1) the city and the area to be annexed are economically and socially joined; (2) the business, church life, social and educational facilities are used by the residents of both areas; and (3) the economic and social factors are an intregal part of'the city. Mr. Parker indicated that a few of the services in the best interests of the area to be annexed are a better control of the environment, a superior street repair and maintenance program, better snow removal, city police and fire protection, street lighting, reduced fire insurance rate city ambulance service, city sewer and water service as the nature of the soil in certain areas is not conducive to septic tanks. The benefits to be received by the city would be environmental control in health standards, uniform building codes, traffic control, bonding power, additional residential building sites and a guide and protection for future growth. He mentioned that a city cannot annex for the sole purpose of increasing its tax revenues. He briefly explained about the fire insurance rating, indicating that Clay Township is Class 9 in insurance rating and South Bend is Class 3. He used, for an example, a $20,000 dwelling with a rate of $95 in Clay and $68 in South Bend. He indicated that there was a 30% differential between Class 9 and Class 3. He touched briefly on the assessed valuation and indicated that the total assessed valuation for the proposed area is $18,368,822. He indicated that the increase in the bonding capacity for South Bend would be $367,000. Mr. Parker then talked about the resolution adopted by the Board of Public Safety and the services to be provided to the annexed area. He indicated that the city would have employed 264 policemen with additional men included in the budget for future years. The present proposal called for four police cars in the proposed area for various shifts during the day. Therc would be one sergeant for the area and each patrol car would have a coverage of less than two mile; He indicated that the County Sheriff's Department only has two patrol cars in Clay Township. Mr. Parker indicated that fire protection would be based upon the present proposals of two stations. One of the stations might possibly be the acquisition of the present Clay Fire Station on'Clevelanc Road. He indicated that if the acquisition of this station was not desirable, a new station would be constructed in that area. The second station would probably be on U.S. 31 near Auton Road. He indicated that the cost of this would be $400,000, funded by general obligation bonds of the City of South Bend, or $28,380 per year. The equipment allocation had been figured at $285,000 for an annual cost. Manpower had been estimated at $340,000, which would result in 12 full -time firemen on duty at all times within the area on two shifts. He indicated that the city has 260 firemen on duty at the present time. Mr. Parker again briefly talked about the fire insurance rates and indicated that police and fire protection for the proposed area would be immediate upon the effective date of the annexation. On the proprietary services to be provided to the proposed area, the Board of Public Works established a time table for furnishing the servic( There would be street maintenance at an annual cost of $290,952 provided immediately upon the effective date of the annexation. Street lighting would be undertaken over a three -year period of time at an annual cost of $86,400. There would be no allocation made for sanitation, trash and garbage removal because the city has instituted a trash pick -up program. A separate corporation would furnish bus service to the proposed area at an expense to the city of $40,411. Mr. Parker indicated that the tax rate of $5.04 had been used, and the service would be provided to the pro- posed area almost immediately. As far as sewers, he indicated that the city was primarily con- cerned about the trunk sewers and two lift stations. The total cost of the construction of the trunk sewers would be $1,070,000. The project would be completed within a three -year period. The financing for the project would occur through federal sewer and water grants, 75% funded by the federal government, 10% on the state level and 15% on the local level, with the local level cost being $160,500. Mr. Parker indicated that the sewers would be constructed under the Barrett Law, and he mentioned that most of the sewers installed in the city in the past have utilized that pro- cedure. If financing could not be obtained from federal funds, the city would have the bonding capacity to float loans based on 5% interest for a 25 -year term and an annual cost of $75,919. Acquisition of the Clay Utilities, Inc. was estimated at $120,000. For capital improvements in the area of parks, a cost of $82,000 was estimated over a three -year period. Mr. Parker indicated that the Board of Water Works Commissioners adopted a resolution providing for feeder mains to serve the proposed area. If needed, additional water supply would be available within 18 months of the effective date of annexation. The estimated cost would be $819,000 financed through a Is. REGULAR MEETING JUNE 27 COMMITTEE OF THE WHOLE MEETING (CONTINUED) revenue bond issue of the Water Works, and the installation of the mains would be based upon Publi Service Commission rules and regulations. Mr. Parker indicated that the following revenues would be derived from annexation of the proposed area: motor vehicle highway tax at $8.85 per capita, special motor vehicle highway 2 cents tax at $6.60 per capita, cigarette tax to the General Fund at $1.20 per capita, and cigarette tax to the Cumulative Capital Improvement Fund at $4.41 per capita; property tax revenue based upon the assessed valuation of $18,368.822 at the city tax rate of $5.04 or $925,789; and an estimated revenue sharing distribution of $164,318. Mr. Parker concluded his presentation by indicating that he wished to file with the City Clerk the cost analysis prepared by the Engineering Department to be made an exhibit and a part of the public hearing. Mr. Frank Mulligan, 17250 McErlain Street, President of the Clay Concerned Citizens, turned to the audience and thanked those in attendance for coming. Because of unfavorable comments made by the audience during Mr. Parker's presentation, Mr. Mulligan expressed the hope that the meeting would be an orderly meeting as Chairman Newburn had requested. He indicated that he hoped the citizens of Clay would express their feelings at comments made by either an applause or silence. He mentioned that the Council was holding and conducting the hearing and could terminate the hearing because of the outbursts of the people. He then expressed his appreciation to the Council for being given the opportunity of speaking at the hearing. As President of the Clay Concerned Citize: he indicated that the group contended that the consequences of the annexation would be detrimental to the city. He felt the analysis used was not sufficient, and he also felt his group had effec- tive alternatives. He indicated that the Clay residents opposed the annexation because the services to be provided by the city were not wanted or needed. He felt Clay's police and fire protection was equal to the city's and that Clay's water was superior to the city's and would continue to be superior. He also felt Clay's method of waste disposal was sufficient to meet the residents' needs. Because of those reasons, he indicated that the citizens of Clay Township could see no reason for the proposed annexation. He indicated that, at the same time, the people recognized the fact that South Bend was essential to Clay Township and that, as people move from the city to the suburbs, revenue is taken from the city. He expressed the feeling that annexation only encourages more people moving out to the suburbs. He also indicated that the people realized a city will decay without annexation. He concluded by indicating that he had expressed the feelings of the majority of the people in the auditorium, and that there were a number of people and groups who had opinions to express. He introduced Mr. Robert Edwards of the U.S. 31 Business and Professionalmen's Association. Mr. Edwards indicated that he represented 31 businesses and professional firms which consisted of 40 to 50 members doing business along U.S. 31 north from St. Mary's College to the Michigan state ling He pointed out that the proposed annexation would affect three - fourths of the members of the organ. zation. He indicated that he was appearing as president of the organization and wished to go on record as opposing the annexation for the following reasons: the cost for the city services which would be provided would be higher than the costs the businesses were now incurring; police and fire protection and sewer and water were available to the businesses at the present time under contract by request; and, a plan of this large an annexation should consist of more than just a few weeks of study and research. He requested that the Council withhold its authorization to annex until it is proved the annexation would be advantageous for all concerned. Mr. Mulligan then introduced Mr. Clarence Manion, a former Dean of the Notre Dame Law School. He indicated that two years ago, a similar annexation proceeding had taken place under the Republican administration. He mentioned that even now, his fellow Democrats still desired that the annexa- tion take place. He expressed hope that, by postponing the issue for more careful consideration, the results would be satisfactory for all concerned. He presented a sketch of the proposed area to be annexed. He indicated that many people are concerned because they do not know if they are or are not included in the annexation proposal. He indicated that one - eighth of the boundary of the proposed annexation was supposed to coincide with the boundary of the City of South Bend. He made further comments about where South Bend abuts Clay Township. He indicated that he worked in South Bend and paid taxes in South Bend; however, he lived in Clay Township. He indicated that he would yield to no one as to his admiration of South Bend; however, he could not see the reason for the annexation. He did not agree that misery loves company and that this was the reason for the annexation. He mentioned that no matter how attractive Clay Township might be to the City of Soutl Bend, the city could not annex the area by law unless one - eighth of the boundary bordered on South Bend. He indicated that he had walked the area that borders South Bend and, this time, there was more area to be annexed than the last time. He commented on the jagged lines of the area to be annexed. He felt the annexation was not a bona fide proposal. He indicated that it is the right of every American to move where they want to as long as a person takes care of himself. He men- tioned that there was no moral principle that justifies the ambition of a city to grow. He con- cluded by pointing out that, if the city does manage to annex Clay Township, 11,000 people would be brought into the city's jurisdiction and would remember it at the next election. Mr. Joseph Roper, the attorney representing Clay Township, 107 North Eddy Street, made his presen- tation against the proposed annexation. He commented on Mr. Manion's speech and indicated that it was a very difficult thing for an old lawyer to be moved by the speech as he had been. He addec that he felt sure that no member of the Council wanted to be a part of this power play. He indicated that, between 1956 and 1964, there had only been 1,925 acres annexed to South Bend. Out of the 1,925 acres annexed to South Bend, only 551 acres were taken in by city initiation and 1,374 acres were taken in by property -owner initiation. Previously, South Bend had been a more attractive place to live. Around 1964, taxes began to rise and became very high and people wanted to live in the country. The builder followed and went with the people in order to build his homes This was something that happened then and is still continuing. In this seven -year period, 940 of the annexations were initiated by the property owner and only 6% by the city. From 1964 to 1971, there were approximately 6,000 acres annexed through 50 ordinances. Of this 6,000 acres, 5,320 acres were initiated by the city and only 375 acres by the property owners. Of the total 6,000 acres annexed, 4,320 acres (more than 60 %) were brought in in 1969, 1970 and 1971. Less than 1% of the acreage was initiated by the property owners at that time. In 1964, there was a total of 14,000 acres in South Bend or 22 square miles. In October of 1971, 10 square miles were added for a total of 32 square miles. Mr. Roper indicated that, to his knowledge, there had never been an annexation ordinance that attempted to take in as much area as the present proposed annexation. He indicated that the terms of the present ordinance had never been discussed by the Council or the administration with the residents of the area. He felt some suggestions might have been made regarding the annexation ordinance and made it fair and just. He indicated that he had asked for a 48 -hour delay for the hearing on the ordinance which the Council had agreed upon; however, the resolutions passed by the Board of Works, Safety and Water Works Commissioners had just been REGULAR MEETING JUNE 27, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) received this date. He indicated that there have only been four annexation ordinances that have impounded taxes and they were only impounded at 50 He assured the Clay residents he would find out how the Council could give some benefits to certain annexations and not to others. He also wondered how the Council would justify taking in the St. Mary's area. He briefly touched upon the Gilmer Park annexation and the litigation of that case. He felt the proposed annexation involved many questions as to whether or not the ordinance was fair and equitable. He wondered why it wouldn't be right to hold the matter in abeyance until the constitutionality of the act was received. He indicated that the city was not aware of the number of acres it would have to serve. The 1970 census showed a drop in the population for the City of South Bend while the City of Mishawaka increased in size as did the surrounding towns. He indicated that this annexation pro- posal was the first substantial annexation since the Maple Lane annexation in 1971. He felt that the proposed area was "quite a chunk to absorb" and take care of with the necessary services. Mr. Roper then proceeded to quote portions of articles that appeared in the South Bend Tribune from 1970 to 1973, pertaining to the problems the city has encountered. On July 22, 1970, an article appeared in the Tribune regarding services extended outside the city. On October 14, 1970, there appeared an article on the problems of repairing South Walnut Street. Pollution of streams and Clyde Creek appeared in an article on September 22, 1970. In the spring of 1972, an article appeared pertaining to city sidewalks. The dry well problems that developed and slowed the water situation appeared in March of 1972. In May of 1972, an article dealt with the city parks, and in June of 1972, the watermain expansion program was reported. Revenue sharing and the problems it created were reported on July 13, 1972. In November of 1972, an article appeared regarding future Public Works projects and a lack of sufficient funds. On January 29, 1973, the installation of sewers to the Kensington Farms area was reported with the city paying 50% of the installation. Mr. Roper indicated that he felt the proposed annexation ordinance would leave Clay Township in an almost inseparable condition. He commented on the boundaries of the annexation, and he talked about the annexation of a small piece of land in German Township in order to keep the area con- tiguous. He indicated that land cannot be annexed simply to pick up tax revenue, and he felt this was the city's sole motive. He spoke about the water and sewers, indicating that Clay Utilities has a contract to furnish services. As far as the sewers were concerned, even if the area was annexed, Clay Utilities would still have the exclusive right to furnish facilities to the area. He indicated that the city could not construct any sewers within the area for eight years. He did not feel the Council could show the necessity for city water as the Clay residents have their own water. He felt more time should be allowed in order to investigate and check into the matter more thoroughly. He indicated that everyone was taking the word of an engineer. Clay Utilities had filed a report with the Public Service Commission showing its investments and capital. He did not think the city could buy the utility for $120,000. He indicated that, if the city could not ser- vice sewer and water, there was no justification for the annexation. Further, if the ordinance was passed by the Council, the matter would go to court and he would question using the 1970 censu to obtain the required three persons per acre. He asked about a fiscal plan. He felt all the Council had were general conclusions and speculations without the necessary figures and facts. He felt there must be some other way for the City of South Bend to get its head count, and he also felt that the city was not concerned about the people in the area but only wanted help in repairin the downtown area and in solving its other problems. Mr. Roper talked about the impounded taxes with 100% the first year, 75% the second year and 50% the third year, for the benefit of the property owners. He indicated that the people in Clay Township would not have any say as to how the Board of Public Works would use the money and that the residents of Clay would like to have joint control on how the money would be used. He questioned the percentage of impounded taxes for the first year, second year and third year. He indicated that the people in the area to be annexe had not even been talked to about the annexation by the administration, and they were being affect by it. He talked about the revenue to be generated by the.proposed annexation and the estimated income of $1,318,000 plus and $228,000 plus for tax rebate. He did not think this should go into tax rebate. No one could say what the property taxes would be in the next few years. He stated that revenue sharing was nothing but a "bonanza" and would be gone soon. He mentioned that it was not in accordance with good accounting practices to include revenue sharing funds in the revenue total as they were speculated figures. Mr. Roper could see nothing in the resolutions passed per- taining to street improvements for the annexed area. Increased personnel would be needed in order to maintain the area, and if the figures on cost and expenses were not right, it would cost the city a great deal of money. He again stated that using speculated revenue was not right. With all the opposition to the annexation, he wondered if the Council would go ahead and annex the area for only $35,000. Mr. Roper indicated that he had a high respect for the entire Council, but that he was simply trying to point out certain facts to them. He indicated that, unless it was the Council's position that the ordinance be defeated, they would have no other alternative except to postpone voting on the matter. He stressed the fact that, if the ordinance was passed, the matter would go to court. He cited the following reasons to vote against the annexation ordinance: The figures presented in favor of the annexation have no support. He asked for a chance to look at the figures as he had only received them this date. He mentioned that, if the.Gilmer Park annexa- tion came about, services would have to be provided to that area. He asked about cutting expenses in the administration. He concluded his presentation by indicating that a delay on the ordinance might enable everyone to sit down together and talk over the matter. Councilman Taylor made a motion to take a 10- minute recess, seconded by Councilman Miller. The motion carried and the Council recessed at 9:30 p.m. Reconvened at 9:50 p.m. Mr. Mulligan introduced Mr. Otis Romine, Clay Township Trustee, who also spoke in opposition to the proposed annexation. Mr. Romine indicated that, in making an attempt to assess the outcome, he wished to assure the Council and audience that he wanted to seek the benefit of the people because he did not want an unfavorable outcome for the city or the township. He stated that the burden of annexation was more than just dollars, although dollars were meaningful. He felt the Council should recognize the fact that the people who are to be annexed have nothing to say about it and that the response of the group of people present at the public hearing represented the only way in which the citizens can demonstrate and express themselves. He indicated that, apart from that, the Council must determine if the alleged conditions of annexation provide solutions to the urban problems. He mentioned that the ordinance was prepared in only a few days and it had alread been amended. The area change reflected that the correct number of people per acre was not presen He expressed concern about errors being made, and, if one error had been made, he wondered if othe would be found. He commented on the June 22, 1973, letter addressed to the Common Council from th Bureau of Design and Administration. He cited discrepancies in certain figures and expenses as outlined in the report. He talked briefly about the Class 3 and Class 9 fire insurance ratings. As far as the Clay Park was concerned, he indicated that the township holds a lease on the park until 1990. Further, that the lighting of the ball diamond would not be $65,000. He referred to page 5 of the letter, indicating that the bus corporation was an independent taxing unit. The COMMITTEE OF THE WHOLE MEETING (CONTINUED) transportation of children to school would be the responsibility of the Transportation Corporation He mentioned that previously an effort had been made to provide bus service on U.S. 31 North, and it had been a disaster. He stated that the cost of putting bus service into the annexed area would be more like five or six times the figure used of $40,411. He felt the Council members deserved more professional research than was given them. He indicated that the letter dated June 22, 1973, from the Bureau of Design, and Administration had just been received by him late in the evening of the 25th. He suggested that the Council recognize that certain items had not been fully researched. He mentioned that he was not trying to make fun of anyone, but merely pointing out that it appeared the work was done hurridly after the Council had accepted the ordinance. He again repeated that he felt the Council should have received better information. Regarding the anticipated revenue of $1,318,186, Mr. Romine indicated that Council President Nemeth had stated, on T.V. Chronicle, that expanding the city's tax base was a reason for the annexation. He stated that the Federal Fiscal Assistance Act requires that these funds be used for the benefit of all those concerned. He briefly talked about the revenue sharing funds and indicated that it would only last through 1976. He wondered what would happen if the proposed $35,816 excess revenue did not materialize. He asked who would pay for the services that had been proposed to be installed. He quoted a section from the Tax Control Board regarding permission to increase tax levies if the increases are necessary and result from annexation. He felt that, in view of the feelings in the matter and the uncertainties, annexation would not solve the urban problems. He felt there should be better management of the urban problem, and he talked briefly about assessed valuation and its increases. He stated that Representative Doyle has said that his position has not changed. He also stated that Representative Doyle wants legislative relief. Mr. Romine indicated that he had sought the opinions of the representatives and had contacted nine, and eight were in agreement that annexation was not the way to solve urban problems. It was his consensus that the Council recog- nize the financial problems annexation might hold for the city. He asked that the annexation ordinance be postponed for not less than 60 days. Mr. William Briggs stated that the meeting was a business hearing and that there were people pre- sent at the meeting that also wanted to speak. He asked for the opportunity to speak. Mr. Mullig< indicated that he respected the right of any citizen to be heard. He expressed hope that the research presented covered the majority of the remarks to be made. Mr. Robert DuComb, State Representative, indicated that this type of annexation would contribute t the growing conflict of the interests of the city and the outside area. He felt the annexation would not solve the problems of the urban area. He quoted from a letter written to the Common Council members by Representative Richard Doyle, wherein Representative Doyle requested that the Council delay the annexation for 60 days in order to formulate a program with the hope of trying to propose legislation to improve the relationship between cities and outside areas. Mr'. DuComb stated that this particular problem was not unique to St. Joseph County; and he expressed hope tha a compromise could be worked out. Mr. Richard Lindsey, State Representative, indicated that he realized the Council was trying to take a responsible means of solving South Bend's problems. He felt the problems would only be increased and spread out by the annexation and that the best way to arrive at a solution was to ge- together and come up with a package of bills to take to the next session of the legislature. Mr. Phillip Barkley, a St. Joseph County Councilman, indicated that he wished to speak; however, he would yield to Mr. William Briggs who had previously stated that he wanted to speak to the Council regarding the proposed annexation. Mr. William Briggs stated that he lived in South Bend and that he had always admired the residents of Clay Township for the courage, pride and ambition they had shown in handling their community affairs; their fire and police protection; parks, etc. at a lesser tax rate than South Bend. He stated that South Bend had, at one time, been peaceful, and he proceeded to talk briefly on crime and its increase within the city. He wondered how the city could expect to protect an even larger area. He indicated that the people of Clay Township lived in freedom of choice and did not wish to pay for the City of South Bend's mistakes. He felt a larger tax base was not the answer. He asked about the possibility of cutting costs in the city's payroll and taking care of the people who utilize the tax loopholes. He concluded by indicating that he loved the City of South Bend; however, he did not feel that South Bend could offer Clay Township anything, and he questioned whether or not this annexation would be forced upon the Clay residents. Mr. Phillip Barkley, 50690 Portage Highway, South Bend, a St. Joseph County Councilman, indicated that many people share South Bends concern for continued growth; however, he felt if the present situation was analyzed, the ordinance would not fulfill the requirement of being in the best interests of the general good. He stated that the general welfare would not be promoted and that the Clay residents and South Bend residents would not benefit. He talked about German Township being the border that gives South Bend its one - eighth contiguous area and no mention being given to that area. He stated that part of that area was still without fire protection. He talked about the annexations in 1969 and the problems the city encountered and felt that the whole pro- gram was based on a false premise. He felt the residents in the area of German Township were beinc neglected and there was no provision being made to solve the existing problems in that area, such as the problem with the wells drying up. He stated that those claims must be satisfied. Accordinc to a statement made by Mr. David Wells of the Engineering Department, he had indicated that the new addition to the sewage plant would be inadequate as soon as it was completed. Mr. Barkley indicated that, with an expanded tax base, services should be provided and improved. He talked briefly on the school re- organization problem encountered a few years ago. He stated that, when the city expands, no one thinks about reducing the county rates that the city also pays. He also stated that the County Park Department planned to increase its budget and South Bend residents wil_ pay their share, just as in other increases. He concluded by requesting that the Council delay passage of the ordinance at the present time. Mr. Mulligan thanked the Council for the opportunity to appear before it and also for the Council' patience in the matter. He felt the objectives of the city are attainable. He stressed that Clay Township would like to work together with South Bend,-and he asked that the Council digest the information presented and delay the matter so that a plan could be worked out. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, referred to the Pledge to the Flag given at the meeting and the reference to "liberty and justice for all ". She quoted a statement made by the Fair Tax Association favoring a referendum on the proposed annexa- tion. She then stated that, as a resident of South Bend, she had been trying to estimate the REGULAR MEETING JUNE 27, 1971 COMMITTEE OF THE WHOLE MEETING (CONTINUED) benefits to residents of South Bend, Clay and German Townships. She indicated that the residents of South Bend, Clay and German Townships would all be affected, and the residents from the township did not want to be annexed and the city residents wanted their problems solved before annexing more land. She did not think the city could take care of another area when the problems were not solved within the city. She cited a case of a woman living 20 blocks from the County -City Building who did not have city services. She indicated that there were other areas that have been annexed for 25 years and sewers, water and sidewalks are not yet available. She stated that, for some time, she had been trying to get the views of the people present at the meeting across to the Council and the administration. She talked about the nature center that was passed by the Council a few weeks ago, and indicated that the County Council has been referred to as a "penny- pinching Council" and this is what the people wanted. She felt there could be a reduction along the lines without annexation. A student from LaSalle High School stated that he felt the Council was totally bored with the pro- ceedings. He indicated that he had moved away from South Bend and did not want to be annexed. He felt the Council was gullible in accepting the figures handed to them. Mr. James Engdahl, 52486 Bamford Drive, indicated that he wanted to hear remarks from the Council members on their reasons for the proposed annexation. He felt the annexation was without repre- sentation, and he wanted to hear the Council's personal and professional feelings. Chairman Newbur indicated that the Council members would speak after the public hearing was concluded. Councilman Taylor indicated that he wanted to compliment the speakers. He indicated that he 'thought Mr. Manion was a good and passionate man and a great American and a fantastic speaker. He wanted to make that remark to Mr. Manion in public. He then indicated that he was not a technician and was only speaking as a councilman. He stated that he had had access to all the figures pre - sented at the hearing. He expressed hope of putting annexation in some proper perspective for Sout Bend and the - metropolitan area. He realized that 142 annexations did not mean anything to the Clay (Township residents, but annexation has taken place that many times. He stated that, if South Bend had chosen never to annex, he could not picture what kind of a mixed -up community the area would 'be. He mentioned that some people might think of the annexation as a power play, but he reminded the audience that a Common Council, under matters of annexation, operates under state law and not (city -made laws. He also indicated that the Council had been told many times by the state'legisla- tors that something would be done regarding annexations and it had been talked about in the legislature for years and years. He guessed that, at every annexation hearing, the state legislators speak about the problem. Councilman Taylor indicated that, regarding the impounded taxes, the Council saw fit to impound taxes on a three -year basis in this case. He expressed the feeling that he wanted a community to have as much voice as possible in its affairs, and he stated that there is so much power going to the federal level because local officials will not stand up to the problems of a community, and he felt the Council was trying to solve the problems of the community. He stated that the differences of opinion could not be reconciled at a meeting such as the one being had on the annexation. He mentioned that he had to do what he thought was best for the city as a councilman, regardless of outside pressure. He stated that, if the area was annexed, the people would still have the right to take the annexation to the courts for a final decision. He indicated that, as a Republican, the issue had been a non - partisan matter and that he had not been elected to undermine the Democrats in office. He concluded by stating that there was no political advantage to the annexation. Council President Nemeth commended the administration for its presentation on the ordinance and thanked the other speakers for their remarks and comments. He indicated that he respected the township's position and was hopeful that the township and residents in turn respected the Council's position. He stated that he must do for the city what he thought was right. He said it took Council action to get the legislators to discuss urban- suburban problems. He wondered what a 60- day delay would accomplish and indicated that the Council had waited 18 months and nothing had been done. He hoped that the township and residents would respect the Council's position even though they disagreed. Councilman Szymkowiak indicated that the Clay Township annexation was a "tough" annexation. He felt he had a responsibility to the citizens of South Bend, as well as to the Clay residents. He stated that perhaps some day the Clay residents would be citizens of South Bend; however, at the present time, he could not see South Bend annexing the Clay area. He felt South Bend was a nice city to live in and, naturally, it would have problems. He felt the city had a good administration, and he stated that it takes money to give the people what they want. He con - cluded by stating that the Council tried to give the taxpayers a dollar's worth of service for every dollar spent. Councilman Parent indicated that he would like to work cooperatively with the Clay residents. He stated that they are a part of the South Bend community socially and economi- cally; however, they did not want to become legally a part of that community. He indicated that the annexation would never have been brought about if the Clay area had not been a part of the community. He stated that, if a delay was what the people wanted, a delay could be obtained by litigation, and he concluded that the courts would then made the decision regarding the annexation. Councilman Serge indicated that he had reservations concerning the annexation, and.he felt there should be further study done. He felt the administration had not had the necessary amount of time to prepare the facts and figures concerning the annexation. He felt a delay would give the admin- istration and the Council the proper time and the proper figures. Chairman Newburn thanked the speakers and audience for cooperating. He stated that he wanted to work for the people and it was a very difficult job because there are such a vast number of needs. He knew there was a concern for the Clay residents on crime and he appreciated their fears. He felt that charity began at home. He felt the township should be a part of South Bend; however, he stated that the city's problems should be solved before Clay Township's are included. Councilman Miller made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Kopczynski. The motion carried. (Councilmen Serge, Szymkowiak and Newburn opposed.) (There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: �e.r.�. � ��vvwv� -v✓ CITY CLERK ATTEST- CHAIRMAN REGULAR MEETING JUNR 27, 1973_ REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Morris Civic Auditorium at 11:30 p.m., Council President Peter J. Nemeth pre- siding and nine members present. REPORT FROM THE COMMITTEE ON MINUTES To The Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would res- pectfully report that they have inspected the minutes of the June 11, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM AREA PLAN COMMISSION (REZONE 4134 LINCOLNWAY WEST) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana June 20, 1973 In Re: A proposed ordinance and site development plan of Eugene McGarvey, Jr. to zone from "B" Residential to "C" Commercial, property located at 4134 Lincoln Way West, City of South Bend Gentlemen: The attached rezoning petition of Eugene McGarvey, Jr. was legally advertised June 9, 1973, and June 16, 1973. The Area Plan Commission gave it a public hearing June 19, 1973, at which time the following action was taken: "A motion by Ted Sharp to recommend this petition favorably subject to a final site plan was seconded by John Peddycord, was carried, and the petition of Eugene McGarvey, Jr. to zone "B" Residential to "C" Commercial, property located at 4134 Lincoln Way West, City of South Bend, is recommended favorably to the Common Council of the City of South Bend, by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. RSJ /ch attach. cc: Jack C. Dunfee, Jr. Eugene McGarvey, Jr. Keith E. Vial Very truly yours, s/ Richard S. Johnson Executive Director Councilman Parent made a motion that the ordinance referred to in the report be set for public hearing and second reading on July 9, 1973, seconded by Councilman Kopczynski. The motion carried REPORT FROM AREA PLAN COMMISSION (REZONE NORTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana June 20, 1973 In Re: A proposed ordinance and site development plan of Nohl and Betty Lueneburg to zone from presently county land to "C" Commercial, property located at the northwest corner of Ireland Road - Ironwood Road intersection, City of South Bend, Indiana Gentlemen: The attached rezoning petition of Nohl and Betty Lueneburg was legally adver- tised June 9, 1973, and June 16, 1973. The Area Plan Commission gave it a public hearing June 19, 1973, at which time the following action was taken: "Upon a motion by Joseph Bajdek being seconded by Ted Sharp and carried with David Kelley and Rollin Farrand voting no, the petition of Nohl and Betty Lueneburg to zone from presently county land to "C -2" Commercial is favorably recommended to the Common Council of the City of South Bend, subject to annexation by the City of South Bend, Indiana." REGULAR MEETING JUNE 27, 1971 IIREGULAR MEETING - RECONVENED (CONTINUED) The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. RSJ /ch attach. cc: Charles A. Sweeney, Jr. Nohl and Betty Lueneburg Very truly yours, s/ Richard S. Johnson Executive Director Councilman Parent made a motion that the ordinance referred to in the report be set for public hearing and second reading on July 9, 1973, seconded by Councilman Kopczynski. The motion carried. IIREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS Councilman Parent made a motion that the quarterly report from the Director of the Department of Public Parks be waived, seconded by Councilman Kopczynski. The motion carried unanimously. IIORDINANCES, SECOND READING IIORDINANCE NO. 5538 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND, INDIANA, AND PACKARD INSTRUMENT COMPANY, INC., DOWNERS GROVE, ILLINOIS, FOR THE PURCHASE OF A MODEL 8087 (419 SERIES) GAS CHROMATOGRAPH SYSTEM, IN THE AMOUNT OF $7,268.00. This ordinance had second reading. Councilman Kopczynski made a motion,that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). II ORDINANCE This ordinance had tinued to the July The motion carried. AN ORDINANCE APPROPRIATING $92,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE., DEPARTMENT OF SAFETY OF THE CITY OF SOUTH BEND, INDIANA. second reading. Councilman Kopczynski made a motion that the ordinance be con - 9, 1973, regular meeting of the Common Council, seconded by Councilman Newburn. 11ORDINANCE NO. 5539 -73 AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (CLAY AND GERMAN TOWNSHIPS). (This ordinance had second reading. Councilman Miller made a motion to amend Section 1 of the ordinance to read as follows: That the following described property in St. Joseph County, State of Indiana, is hereby annexed to and brought within the City of South Bend, Indiana: Beginning at the intersection of the south right -of -way line of the Toll Road and the east line of Section 29, Twp. 38 North, Range 3 East; thence west along the south right -of -way line of the Indiana Toll Road a. distance of one mile to the west line of Section 29, Twp. 38 North, Range 3 East; thence north along the west line of Section 29, Twp. 38 North, Range 3 East, to the north right -of -way line of the Toll Road; thence westerly along the north right -of -way line of the Toll Road to the north and south center line of Section 25, Twp. 38 North, Range 2 East, which line is also the east city limits line of the Town of Roseland; thence north along the east city limits line of the Town of Roseland to the north line of Section 25, Twp. 38 North, Range 2 East, which line is also the center line of Cleveland Road; thence west along the north line of said Section 25, Twp. 38 North, Range 2 East to the northwest corner of said - Section 25; thence to the southeast corner of Section 23, Twp. 38 North, Range 2 East; thence west along the south line of Section 23, Twp. 38 North, Range 2 East a distance of 737 feet to a point in the present city limits line; thence thusly along the present city limits line; thence north 573.5 feet, west 496.5 feet,'north 2073.62 feet more or less to the south right -of -way line of Darden Road, west along said right -of -way line to the intersection of said right -of -way line with the present city limits on the westerly bank of the St. Joseph River, westerly along the south right -of -way line of Darden Road to a point 658.95 feet east of the place where the south right -of -way line of Darden Road intersects the east right - of -way line of Lilac Road, north 431.84 feet, west 658.95 feet to the east right -of -way line of Lilac Road, north along the east right -of -way line of Lilac Road a distance of approximately 139.27 feet to a point 541.11 feet north of the east and west center line of Section 22, Twp. 38 North, Range 2 East, south 890- 44' -30" west a distance of 980.81 feet, thence north 000- 05' -06" west 541.44 feet, north 450- 01' -23" west 28.31 feet, north 890- 57' -40" west 541.50 feet, north 000- 02' -00" west 1531.02 feet to the south right -of -way line of Brick Road; REGULAR MEETING JUNE 27, 1973 REGULAR MEETING - RECONVENED (CONTINUED) thence east along the south right -of -way line of Brick Road to the intersection with the west right -of -way line of Lilac Road; thence north along the west right -of -way line of Lilac Road approximately 30 feet to the north line of Section 22, Twp. 38 North, Range 2 East; thence east along the north line of said Section 22 to the northeast corner of said Section 22; thence to the northwest corner of Section 23, Twp. 38 North, Range 2 East; thence due east along the north line of Section 23, Twp. 38 North, Range 2 East approximately one mile to the northeast corner of said Section 23; thence to the southwest corner of Section 13, Twp. 38 North, Range 2 East; thence north along the west line of Section 13, Twp. 38 North, Range 2 East to the northwest corner of said Section 13; thence to the southwest corner of Section 12, Twp. 38 North, Range 2 East; thence north along the west line of said Section 12 approximately 2180 feet; thence westerly approximately 30 feet to a point 14 feet due south of the southeast corner of Lot 90 in Dixie View Addition; thence due west along the south property lines of Dixie View Addition and Dixie View 2nd Addition a distance of 1350.00 feet more or less to the southwest corner of Dixie View 2nd Addition; thence due north along the west line of Dixie View 2nd Addition 832.47 feet more or less to the Indiana and Michigan state line; thence due east along the Indiana and Michigan state line 6,700 feet more or less to a point 40 feet north of the northeast corner of Lot 15 in Claffey's Third Addition in the east one -half of Section 12, Twp. 38 North, Range 2 East; thence due south along a line 40 feet west of and parallel to the east line of Section 12, Twp. 38 North, Range 2 East to the south right -of -way line of Greenacre Avenue; thence due west along the south right -of -way line of Greenacre Avenue to the east right -of -way line of Hollyhock Road; thence south along the east right -of -way line of Hollyhock Road to the North right -of -way line of Darden Road; thence east along the North right -of -way line of Darden Road to the east right -of -way line of Emmons Road; thence further east along the north right -of -way line of Darden Road, extended to the west property line of Arlington Heights Addition; thence north along the west property line of Arlington Heights Addition to the north property line of Arlington Heights Addition; thence east along the north property line of Arlington Heights Addition to the west right -of -way line of Ironwood Road; thence north along the west right -of -way line of Ironwood Road to the north line of Section 19, Twp. 38 North, Range 3 East; thence east to the northeast corner of Section 19, Twp. 38 North, Range 3 East; thence to the northwest corner of Section 20, Twp. 38 North, Range 3 East; thence east along the north line of said Section 20 approximately 2025 feet more or less to the east property line of Carriage Hills Addition; thence south along the east line of Carriage Hills Addition to the north property line of Swanson Highlands 11th Addition; thence east along the north line of Swanson Highlands 11th and 12th Additions to the northeast corner of Lot 210 in Swanson Highlands 12th Addition; thence east to the northwest corner of Lot 208 in Swanson Highlands 7th Addition; thence east along the north property line of Swanson Highlands 7th Addition and Swanson Highlands 6th Addition to a point 40 feet east of the northeast corner of Lot 96 in Swanson Highlands 6th Addition; thence due south to the southeast corner of Lot 95 in Swanson Highlands 6th Addition; thence due south to the northeast corner of Lot 93 in Swanson Highlands 6th Addition; thence due south along the east property line of Swanson Highlands 6th Addition, Swanson Highlands 4th Addition, Swanson Highlands 2nd Addition and Swanson Highlands lst Addition to a point in the north right -of -way line of Cleveland Road; thence east along the north right -of -way line of Cleveland Road to the west right -of -way line of Hickory Road; thence south along the west right -of -way line of Hickory Road to the north right -of -way line of the Toll Road; thence east along the north right -of -way line of the Toll Road to the east line of Section 29, Twp. 38 North, Range 3 East; thence south along the east line of Section 29, Twp. 38 North, Range 3 East to the south right -of -way line of the Toll Road, the point of beginning. Councilman Parent seconded the motion. The motion carried. Councilman Kopczynski then made a motion to amend Section 3 of the ordinance to read as follows: The resolutions relating to this annexation adopted by the Board of Works, Board of Safety and Board of Water Works Commissioners of South Bend, Indiana, are hereby approved and incorporated by reference into this ordinance and said resolutions shall be inserted into the minutes of the Common Council, and shall be kept on file by the City Clerk of South Bend, Indiana. Councilman Parent seconded the motion. The motion carried. Councilman Miller made a motion that the ordinance pass, as amended, seconded by Councilman Taylor The ordinance passed by a roll call vote of six ayes (Councilmen Miller, Parent, Taylor, Kopczynsk Horvath and Nemeth) and three nays (Councilmen Serge, Szymkowiak and Newburn). REGULAR MEETING JUNE 27 1973 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Taylor made a motion to take a recess, seconded by Councilman Miller. The motion carried. Recessed at 11:45 p.m. Reconvened at 11:55 p.m. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY . OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AMENDATORY CONTRACT FOR NORTHEAST CODE ENFORCEMENT PROJECT, INDIANA E -3. Councilman Taylor made a motion that the resolution be continued to the July 9, 1973, regular meeting of the Common Council, seconded by Councilman Kopczynski. The motion carried. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AMENDATORY CONTRACT FOR MODEL CITIES CODE ENFORCEMENT PROJECT, INDIANA E -5. Councilman Taylor made a motion that the resolution be continued to the July 9, 1973, regular meeting of the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO R. LEE FAGEN, d /b /a FAGEN ENTERPRISES. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on July 9, 1973, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION ADOPTED BY THE BOARD OF PARK COMMISSIONERS AND THE PUBLIC RECREATION COMMISSION FOR THE CITY OF SOUTH BEND, INDIANA, DEFINING THE CONSTRUCTION AND SCOPE, PROHIBITING CERTAIN ACTS AND ACTIVITIES, REGULATING USES IN THE PARKS, REGULATING AND RESTRICTING VEHICULAR TRAFFIC, PROTECTING PLANTS AND SHRUBS, PRO- VIDING FOR PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on July 9, 1973, at 7:00 p.m.,, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $56,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS MUNICIPAL SERVICES FACILITY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on July 9, 1973, at 7:00 p.m., seconded by Councilman Horva The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND, INDIANA, AND VARIAN INSTRUMENT DIVISION, LOUISVILLE, KENTUCKY, FOR THE PURCHASE OF A MODEL 1200 ATOMIC ABSORPTION/ FLAME EMISSION SPECTROPHOTOMETER, IN THE AMOUNT OF $9,744.40. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on July 9, 1973, at 7:00 p.m., seconded by Councilman Horvath. The motion carried. UNFINISHED BUSINESS Councilman Parent made a motion that the next regular meeting of the Common Council to be held on July 9, 1973, be scheduled to begin at 7:00 p.m., seconded by Councilman Taylor. The motion carried. Councilman Parent made a motion that the revenue sharing ordinance for the Department of Public Parks in the amount of $375,483.00, which was referred to committee on February 26, 1973, be stricken from the files, seconded by Councilman Kopczynski. The motion carried. Councilman Parent made a motion that the revenue sharing ordinance for the Department of Human Resources and Economic Development Department in the amount of $20,000.00, which was referred to committee on February 26, 1973, be stricken from the files, seconded by Councilman Horvath. The motion carried. " r- -19 REGULAR MEETING - RECONVENED (CONTINUED) There being no further business to come before the Council, unfinished or new, Councilman Parent made a motion that the meeting be adjourned, seconded by Councilman Horvath. The motion carried, and the meeting adjourned at 12:00 p.m. ATTEST: CITY CLERK A].RROVED I++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ 0