HomeMy WebLinkAbout05-24-65 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING MAY 24. 1965
Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole
in the Council Chambers in the City Hall on Monday, May 24, 1965, at 8 :00 P.M., with all members present except
Councilman Glass. The meeting was called to order by Councilman Edwin Thomas Smith, Chairman, who presided.
ORDINANCE
ORDINANCE AMENDING,AND SUPPLEMENTING ZONING ORDINANCE NO. 3702
(Southwest corner of Ryer St. and Lincoln Way West)
This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given
an opportunity to be heard thereon. Speaking against the proposed Ordinance were Edwin Wroblewski, 3427 St. John'
Way, and Emery Ryan, 3405 St. John's Way. Speaking in favor of the proposed Ordinance was Attorney Robert L.
Miller, representing the petitioners.
Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Geib seconded the
motion. Chairman Smith called for a standing vote. Motion lost by a vote of 3 ayes (Councilmen'Hunter, Wise
and Geib), 5 nays (Councilmen Allen, Palmer,Shiith, Szymkowiak and Muszynski).
5 MINUTE RECESS - 8:40 P.M.
RECONVENED MEETING - 8:45 P.M.
ORDINANCE
ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702
(Southwest corner of Ryer St. and Lincoln Way West)
Councilman.Szymkowiak made a motion that the ordinance go to the Council as unfavorable. Councilman Muszynski
seconded the motion. Chairman Smith again called for a standing vote. Motion carried by a vote of 5 ayes
(Councilmen Allen, Palmer,S ith, Szymkowiak and Muszynski), 3 nays (Councilmen Hunter, Wise and Geib).
ORDINANCE
AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL
BONDS OF 1961 - $25,614.76.
This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were/given
an opportunity to be heard thereon. Councilman Palmer made a motion that the ordinance go to the Council as
favorable. Councilman Muszynski seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL
BONDS OF 1962 - $219,060.38.
This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given
an opportunity to be heard thereon. Councilman Wise made a motion that the ordinance go to the Council as
favorable. Councilman Muszynski seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER
35 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS
IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS
IN LIEU OF THOSE REPEALEDt
This being the time heretofore set for public hearing on the proposed Ordinance, proponents and opponents were
given an oppOrtunity.to be heard thereon. The Clerk read the suggested amendments to the ordinance. Councilman
Allen recommended the following additional amendments to the suggested amendments: SECTION II, Article II,
Division I. Definitions should be amended by deleting from line three of paragraph 4 the word "are" and inserting
the word "is ". SECTION 35 -16 should be amended by deleting from line 1'-the word "excavations" and inserting the
word "excavation ". SECTION 35 -17 should be amended by deleting from line 3 the word "lanterns" and inserting the
word "light ". SECTION 35 -23 should be amended by deleting from line 4 the sum of "$6.00" and inserting the sum
of "$5.00 ". SECTION 35 -32 should be amended by deleting from line 1 the word "light" and inserting the word
"lights ". Councilman Geib made a motion to accept the additional amendments to the suggested amendments.
Councilman Hunter seconded the motion. Motion carried.
Those speaking against the proposed ordinance were Joseph Fritsch, spokesman for the Contractors; Frederick H.
Link, Attorney for the Northern Indiana Public Service Company, and Warren McGill, Attorney for the Indiana and
Michigan Electric Company.
5 MINUTE RECESS -- 10:05 P.M. *** RECONVENED MEETING - 10:15 P.M.
Councilman Geib 'then made a motion that SECTION 25 -33 of ordinance be amended to "SECTION 35 -33" to correct a
typographical error. SECTION III should be amended by adding a new "SECTION III" as follows: "It is hereby
declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases
of this ordinance hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance hereby adopted shall be declared unconstitutional or'otherwise invalid by the valid judgment or decree
of a court of competent: jurisdiction, such unconstitutionality or invalidity shall not affect any of the remain-
ing phrases, clauses, sentences, paragraphs and sections of this ordinance hereby adopted ". SECTION III of
ordinance should be amended to "SECTION IV ". Councilman Hunter seconded the motion. Motion carried.
There being no further business before the Committee of the Whole, Councilman Muszynski made a motion to adjourn.
Councilman Wise seconded the motion. Motion carried and Committee of the Whole Meeting adjourned at 10:30 P.M.
ATTEST:
APPROVED: �.
CHAIRMAN