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HomeMy WebLinkAbout07-12-65 Council Meeting MinutesREGULAR MEETING JULY 12, 1965 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers in the City Hall on Monday, July 12, 1965, at 8 :46 P.M., with all members present except Councilman Glass. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski. ABSENT: Councilman Glass. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes,would respectfully report that they have inspected) the minutes of the previous meetings of the Council and found them correct. They therefore recommend that the same be approved. I /s/ John L. Hunter Jr. ) it Janet S. Allen ) Committee Meeting of June 14, 1965 and Special Meeting of June 23, 1965. it Richard G. Geib ) Councilman Geib made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. COMMUNICATION June 25, 1965 Members of the Common Council, City of South Bend, Indiana REFERENCE: Petition of Community Teleception, Inc. A Petition of Community Teleception, Inc. for a license and exclusive franchise for the purpose of operating a Community Antenna television system in the City of South Bend, Indiana, was referred to the Board of Public Works and Safety by the Council. This Petition was submitted to the Board at its regular meeting on June 21, 1965. The Board has taken the Petition under advisement for study. Richard J. Duck, Clerk E /s/ Board of Public Works & Safety ES Councilman Muszynski made a motion that the Council favor the petition. Councilman Wise seconded the motion. Motion carried. PETITION Petition of Crest Manor Development Corporation to annex 4.47 acres located in,Centre`Township 1/4 mile South of Jackson Road in the vicinity of York Road. Councilman Smith made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of City Plan to rezone property bounded on North by Calvert, on East by Grant, on South by Ewing Ave. and alley between Ewing and Highland Avenues from "B" Residential Use and "C" Commercial Use and "A" and "D" Height and District to "A" Residential Use and "A" Height and Area District. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of "City Plan to rezone property bounded on North by New York Central R.R., on East by Robinson and Samps Sts., on South by Calvert St. and on West by Twyckenham Drive from "B" Residential Use to "A" Residential Use. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of City Plan to rezone property bounded on North by Western Ave., on East by the alley East of Walnut St., on South by the first alley South of Western Ave., and on West by the first alley West of Harris.St. from "E" Heavy Industrial Use and "F" Height and Area District to "C" Commercial Use and "E" Height and Area District. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of City Plan to rezone parcel of land located between Western Ave. on the North and the Grand Trunk R.R. right -of -way on the South, the alley East of Walnut on the East and the alley West of Harris St. on the West from "E" Heavy Industrial Use and "F" Height and Area District to "A -1" Residential Use and "A" Height and Area District, Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of Vincent L. and Julia R. Salay to rezone property at 1851 -1855 Prairie Ave. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING JULY 12 1965 PETITION Petition of Thomas L. Hickey to rezone Southeast corner of Bartlett and.Michigan Streets. Councilman Smith made a motion that the petition be referred to the City Planning Commission. Councilman Palmer seconded the motion. Motion carried. PETITION Petition of Belleville Lumber Company to rezone five acre tract on the South side of Western Ave. between Lombardy Drive and Gladstone St. Councilman Allen made a motion that the petition be referred to the City Planning Commission. Councilman Palmer seconded the motion. Motion carried. PETITION Petition of Riverside North 1600 Inc. and Indiana Franklin Realty, Inc. to rezone 9.2 acres, more or less,.on Riverside Drive between Sherman, Kinyon and Queen Streets. Councilman Geib made a motion that the petition be referred to the City Planning Commission. Councilman Hunter seconded the motion. Motion carried. PETITION Petition of Don M. Lowenstine (Town & Country Realty) to rezone property on Riverside Drive bounded on North by Rose St., on West by Cushing St. and adjacent to apartments at 1600 Riverside Drive. Councilman Geib recommended, that the petition be returned for proper filing and petitioner contact City Planning Commission to provide them with necessary information. REPORT OF DEPARTMENT OF PUBLIC PARKS Park Department Proposed Budget for the year 1966 was referred to the.Ways and Means Committee by a motion made by Councilman Wise and seconded by Councilman Szymkowiak. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (East by McPherson, West by Walnut, North by South Bend,St, Joseph & Southern R.R. and South by Indiana Ave.). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (East by Arnold St., West by Swygart St., North by Indiana Ave., South by the rear lot line of lots fronting on Prairie Ave.). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF.THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (East by Olive, lstnorth- southalley West of Olive, West by Eclipse Place and Meade St., North by the rear lot line of lots fronting on Bonds Ave., South by Bonds Ave. and Westmoor). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (East by Ironwood, West by Sampson, North by the rear lot lines of lots fronting on Randolph and on the South by Bowman). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING JULY 12, 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 • Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (East by Ironwood, West by Sampson, North by Bowman and South by Ewing Ave.). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. I • I REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (305 Manchester Drive). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. i /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS ". (11.7 acres, more or less, east of Miami Road, North of Jackson Road and abutting the present city limits on the east). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS ". (12.05 acres, more or less, fronting on the South side of Jackson Road, East of Miami and adjoining the present city limits on the east and south sides). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman i Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE I To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS ". (138 acres, more or less, North by Darden, West by River, South by Toll Road, East by Brooktrails Subdivision).. Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 i Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING $3,000.00 FOR THE USE BY THE BOARD OF PUBLIC WORKS AND SAFETY FOR EXPENSES IN CONNECTION WITH THE CENTENNIAL CELEBRATION OF THE FOUNDING OF THE CITY OF SOUTH BEND, INDIANA?. Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council CI as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING JULY 12, 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNTS OF $80,050.00 TO THE STREET AND ALLEY MATERIALS ACCOUNT S -421 AND $194,950.00! TO A SPECIAL STREET CONSTRUCTION ACCOUNT ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council' as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 12, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000)FOR THE ACQUISITION OF LAND AS A SITE OR SITES FOR, AND THE CONSTRUCTION, FURNISHING AND EQUIPMENT OF, A BUILDING OR BUILDINGS AS A CENTRALIZED CITY FACILITY TO HOUSE VARIOUS DEPARTMENTS, OFFICES AND BRANCHES OF CITY GOVERNMENT AND ALSO TO PROVIDE FOR THE HOUSING AND MAINTENANCE OF CITY EQUIPMENT OF THE CITY OF SOUTH BEND, INDIANA; TOGETHER WITH THE INCIDENTAL EXPENSES IN CONNECTION WITH THE FOREGOING AND ON ACCOUNT OF THE ISSUANCE OF BONDS THEREFOR AND DECLARING THAT AN EXTRA- ORDINARY EMERGENCY EXISTS FOR THE EXPENDITURE OF SAID FUNDS ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. ORDINANCE NO. 4767 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (East by McPherson, West by Walnut, North by South Bend, St. Joseph & Southern R.R. and South by Indiana Ave.). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4768 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (East by Arnold, West by Swygart, North by Indiana Ave., South by the rear lot line of lots fronting on Prairie Ave.). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4769 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (East by Olive, 1st north =aoulh alley West of Olive, West by Eclipse Place and Meade St., North by the rear lot line of lots fronting on Bonds Ave., South by Bonds Ave. and Westmoor). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4770 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (East by Ironwood, West by Sampson, North by the rear lot lines of lots fronting on Randolph and on the South by Bowman). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4771 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (East by Ironwood, West by Sampson, North by Bowman and South by Ewing Ave.) The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4772 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, IND. (305 Manchester Drive) The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). REGULAR MEETING JULY 12, 1965_ ORDINANCE NO. 4773 - -65 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY ' LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (11.7 acres, more or less, east of Miami Road, North of Jackson Road and abutting the present city limits on the . east). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO. 4774 - -65 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (12.05 acres, more or less, fronting on the South side of Jackson Road, East of Miami and adjoining the present city limits on the east and south sides). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass) . ORDINANCE NO. 4775 - -65 AN ORDINANCE ANNEXING TO AND BRIN+GIM WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (138 acres, more or less, North by Darden, West by River, South by Toll Road, East by Brooktrails Subdivision). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE NO.-4776 - -65 AN ORDINANCE APPROPRIATING $3,000.00 FOR THE USE BY THE BOARD OF PUBLIC WORKS AND SAFETY FOR EXPENSES IN CONNECTION WITH THE CENTENNIAL CELEBRATION OF THE FOUNDING OF THE CITY OF SOUTH BEND, INDIANA. , The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman I Glass). ORDINANCE NO. 4777 - -65 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNTS OF $80,050.00 TO THE STREET AND ALLEY MATERIALS ACCOUNT S -421 AND $194,950.00 TO A SPECIAL STREET CONSTRUCTION ACCOUNT. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman , Glass). ORDINANCE NO. 4778 - -65 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) FOR THE ACQUISITION OF LAND AS A SITE OR SITES FOR, AND THE CON- STRUCTION, FURNISHING AND EQUIPMENT OF, A BUILDING OR BUILDINGS AS A CENTRALIZED CITY FACILITY TO HOUSE VARIOUS DEPARTMENTS, OFFICES AND BRANCHES OF CITY GOVERNMENT AND ALSO TO PROVIDE FOR THE HOUSING AND MAINTENANCE OF CITY EQUIPMENT OF THE CITY OF SOUTH BEND, INDIANA; TOGETHER WITH THE INCIDENTAL EXPENSES IN CONNECTION WITH THE FOREGOING AND ON ACCOUNT OF THE ISSUANCE OF BONDS THEREFOR AND DELCARING THAT AN EXTRAORDINARY EMERGENCY EXISTS FOR THE EXPENDITURE:.OF SAID FUNDS. II The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). ORDINANCE, FIRST & SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) TO THE PARK DISTRICT FUND. The ordinance was given first reading by title and second reading,in full. Councilman Muszynski made a motion that the ordinance be set for public hearing on July 29, 1965. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1966. The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be referred to the Fees and Salaries Committee and set for public hearing on July 29, 1965. Councilman Palmer seconded the motion. Motion carried. . REGULAR MEETING JULY 12. 1965 ORDINANCE. FIRST & SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE C -11, SERVICES -- PERSONAL ACCOUNT OF THE OFFICE OF CITY CLERK IN THE AMOUNT OF $1,867.50. The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be referred to the Ordinance Committee for adjustment because of the lapse of time since the introduction of the ordinance and be set for public hearing on July 29, 1965. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO A NEW ACCOUNT F 261 OTHER CONTRACTUAL SERVICES OF THE COMMON COUNCIL IN THE AMOUNT OF $600.00. The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the ordinance be referred to the Ordinance Committee for adjustment because of the lapse of time since the introduction of the ordinance and be set for public hearing on July 29, 1965. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE PROVIDING FOR THE REMOVAL OF WEEDS AND ESTABLISHING PENALTIES FOR FAILURE TO DO SO AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY SECTIONS 16 -36, OF CHAPTER 16 OF THE MUNICIPAL CODE. The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the ordinance be set for public hearing on July 29, 1965. (kxM�x:bn�t���}gxte �noexxaxc��txxxx���: Councilman Geib seconded the motion. Motion carried. RESOLUTION NO. 96 - -65 A RESOLUTION APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE SEWAGE DISPOSAL PLANT OF THE CITY OF SOUTH BEND AND ROBERT L. MILLER, AGENT FOR AN UNDISCLOSED PRINCIPAL, FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT made and entered into this day of , 1965, by and between CLAY UTILITIES, INC., hereinafter referred to as the "PARTY OF THE FIRST PART ", and the CITY OF SOUTH BEND, here- inafter referred to as the "PARTY OF THE SECOND PART ", W I T N E S S E T H: WHEREAS, the parties hereto have heretofore, to wit, on the 22nd day of March, 1965, entered into.an agreement relating to the furnishing of sewage disposal service and water utility service by Party of the Second Part to the Party of the First Part to certain portions of Clay Township, St. Joseph County, Indiana, which said agreement is now incorporated herein and made a part hereof by reference; and WHEREAS, the parties are now desirous of amending the service area pertaining to said agreement by adding thereto certain portions of Penn and Harris Townships, St. Joseph County, Indiana; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties now agree to amend Numerical Paragraphs 1 entitled "Service Area" appearing under "PART ONE - WATER SERVICE" and "PART TWO - SEWER SERVICE" by adding thereto the following: "The unincorporated areas located in Sections 2, 3, 34, and 35 in Penn Township; and Sections 22, 23, 26, and 27 of Harris Township ". It is understood and agreed that this amendment is in all respects subject to the approval of the Common Council of the City of South Bend by duly adopted resolution. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. ATTEST: Maxine 0. Fitterling /s/ Maxine 0. Fitterling, Secretary ATTEST: Kathryn L. Blough /s/ Kathryn L. Blough, Clerk ATTEST: Richard J. Duck, Clerk Approved as to form and legality Richard J. DuComb /s/ R. J. DuComb, City Attorney Approved by Common Council of the CLAY UTILITIES, INC. By Homer W. Fitterling /s/ Homer W. Fitterling, President CITY OF SOUTH BEND, INDIANA By Lloyd M. Allen /s/ Lloyd M. Allen, its Mayor WATER AND SEWAGE BOARDS By James A. Bickel /s/ Lloyd S. Taylor /s/ Robert J. DuComb /s/ City of South Bend on the 12th day of July, 1965. /s/ John L. Hunter Jr. John L. Hunter Jr., President, Common Counci Councilman Allen made a motion that copy of Amendment to Agreement be attached to and become a part of Resolution No. 96 -65 adopted by the Council on May 10, 1965. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). REGULAR MEETING JULY 12 19b� ii RESOLUTION NO. 102 - -65 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE MOTOR �� 7 EQUIPMENT ACCOUNT OF THE SEWER DEPARTMENT IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500400) AND THE TRANSFER OF THE SAME FROM THE OTHER EQUIPMENT ACCOUNT IN THE SAME CATEGORY, TO -WIT: PROPERTIES, AND ALL IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so E� that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for other equipment are urgently needed by the Sewer Department to assure its ability ! to properly perform its function and the sum of $500.00 is needed forthwith; and WHEREAS, a surplus exists in another account where it is not presently needed at this time; and more specificall as follows, to -wit: j 1. Five Hundred Dollars ($500.00) in Account J -726 designated as Properties, 11 Motor Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $500.00 be I transferred to Account No. J -722 designated as Properties, Motor Equipment, by transferring it from the following account, to -wit: Five Hundred Dollars ($500.00) from Account J -726, both of said accounts being in the same category, to -wit: Properties of the Sewer Department. • /s/ Albert E. Palmer Member of the Common Council i Resolution adopted by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Glass). RESOLUTION NO 103 - -65 A RESOLUTION CONCERNING'FLUORIDATION ! i WHEREAS, The Director of the St. Joseph County Health Department, Dr. Louis E. How, as well as the Surgeon General of U. S. Public Health Service, Dr. Luther Terry, have recommended Fluoridation and referred to it as • "one of the important health measures of our times," and II WHEREAS, the Common Council of South Bend,has heard arguments for and against Fluoridation of our water su 1 4� Pp Y, BE IT THEREFORE RESOLVED, that the South Bend Common Council go on record as recommending to the Board of Water !j Commissioners that they act to make Fluoridated water available to the citizens of this community. I! /s/ John V. Wise John V. Wise Councilman At Large /s/ Edwin Thomas Smith E Edwin Thomas Smith Councilman The Resolution was read by the Clerk. President Hunter announced that those in favor of Fluoridation would be heard first. Speaking in favor of Fluoridation were Dr. Herbert A. Schiller, Chairman of the South Bend Citizens' Committee for Fluoridation; Dr. Louis E. How, St. Joseph County Health Department Officer ;. Dr. C. T. Cook; Dr. Walter A. Fox; Dr. Edward Molenda; Professor Baldinger; Marilyn Brown, 1304 Leeper Ave.; Walter Ballard, 2201 Lincolnway West; Robert Jones; Mrs. Martin of Children's Dispensary; Charles`Guy -; Loretta Hans, George Resnick and Frank Kinyon of 418 E. Eckman St. Speaking against Fluoridationwerae Mr. Fred Reith, 713 N. Wilbert St.; Mrs. Ruth Robbins; Ed Hans; and Councilman Allen; Mrs. Lois Bowman and Miss Fannie Grunwald. �I After hearing numerous persons, President Hunter asked for a roll call vote. Resolution adopted by a roll call vote of 7 ayes (Councilmen Hunter, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski); 1 nay (Councilman Allen)# 1 absent (Councilman Glass). I UNFINISHED BUSINESS A communication from the Chicago, South Shore and South Bend Railroad indicated that a repair work program on LaSalle Ave. in the vicinity of the railroad station would be undertaken this summer. The matter was referred to the Board of Public Works for attention. COMMITTEE REPORT FOR PRESIDENT HUNTER ! To the Common Council of the City of South Bend: iI Your Committee on Housing to whom was referred the statement that owners of a house wishing to sell to anyone who wished to buy, were being denied this opportunity because of an agent who allegedly would not accept their wishes. Meetings were held with the named agent and with the couple representing the complaint. Result: A letter from the agent reiterating the policy regarding the sale of real estate, listed by his office, and per his conversation with the chairman of the committee, Janet Allen, and the complaintants.� Policy: open as always. Respectfully report that they have examined the matter and that in their opinion - The letter stating the Realtor's . policy, and that they comply with the wishes of the owner, and sell any home regardless of race; that he had no requests to show the house in question and therefore had not, nor would not, refuse to show it to anyone or to sell same, resolves the complaint. f A copy of the letter was sent to the party who presented the original statement, and to the owner of the property) June 21, 1965. HOUSING COMMITTEE CHAIRMAN, Janet S. Allen /s/ Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. �i 225 JULY 12. 1965 Council, There being no further business before the /Councilman Smith made a motion to adjourn. Councilman Geib seconded the motion. Motion carried and Council adjourned at 11:30 P.M. ATTEST: CLERK APPROVED: ,'I,/ f PRESIDENT