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HomeMy WebLinkAbout04-11-66 Council Meeting MinutesREGULAR MEETING APRIL 11, 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of City Hall in Regular session, on Monday, April 11, 1966 at 10:25 P.M. All members were present. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski 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 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of March 28, 1966 There being no objections, the minutes were accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE REPEALING SUB- SECTION (b) OF SECTION ONE (1) OF ORDINANCE NO. 3964 BEING AN ORDINANCE FIXING THE SCHEDULE OR RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY AND OTHER MATTERS CONNECTED THEREWITH; AND SUBSTITUTING A NEW SUB - PARAGRAPH (b) IN SAID SECTION ONE (1) IN LIEU THEREOF." Respectfully report that they have examined the matter and that in their opinion public hearing on this Ordinance be continued on April 25, 1965, and third reading be held at that time. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. V14. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A COMMUNITY ANTENNA TELEVISION FRANCHISE AGREEMENT.BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND AND VALLEY CABLEVISION CORPORATION" Respectfully report that they have examined the matter and that in their opinion this Ordinance go to the Council as unfavorable, with a statement made during the New Business section of the meeting. /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: Your Committee of the Whole, to whom was referred "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4563, THE SUBDIVISION ORDINANCE 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 favorable'--as amended. /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-. Your Committee of the Whole, to whom was referred "AN ORDINANCE AMENDING SECTION 40 -19 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED." 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: Your Committee of the Whole, to whom was referred "AN ORDINANCE TRANSFERRING.$80,974.23 -FROM THE.SOUTH:BEND ST ':' JOSEPH;' COUNTY`BUILDING`'AUTIJORITY FUND..TO`THE`-GENERAE - -FUND OF SOUTH BEND AND APPROPRIATING $80,974.23 TO ACCOUNT L- 71- BUILDINGS, STRUCTURES AND IMPROVEMENTS, SAID ACCOUNT BEING IN THE GENERAL FUND. 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: Your Committee of the Whole, to whom was referred "AN ORDINANCE APPROPRIATING $1,600.00 FROM THE SURPLUS IN THE MOTOR VEHICLE HIGHWAY FUND TO ACCT. MVH 726 -OTHER EQUIPMENT" Respectfully report that they have examined the matter and that in their opinion this Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the Report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE REPEALING SECTION II OF CHAPTER 26 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO ALCOHOLIC BEVERAGES BEING PROHIBITED IN CERTAIN PLACES, AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED" Respectfully report that they have examined the matter and that in their opinion this Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the Report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. t - 9 REGULAR MEETING APRIL 11 1966 ORDINANCE$,THIRD READING ORDINANCE AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A COMMUNITY ANTENNA TELEVISION FRANCHISE AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND AND VALLEY CABLEVISION CORPORATION The Ordinance was given third reading and lost by a roll call vote of 7 nays, (Councilmen Hunter, Allen, Palmer, Wise, Geib, Laven and Smith), 2 aygs (Councilmen Muszynski and Szymkowiak), 0 absent. ORDINANCE NO. 4839 -66 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4563, THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4840 -66 AN ORDINANCE AMENDING SECTION 40 -19 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4841 -66 AN ORDINANCE TRANSFERRING $80,974.23 FROM THE SOUTH BEND ST. JOSEPH COUNTY BUILDING AUTHORITY FUND TO THE GENERAL FUND OF SOUTH BEND AND APPROPRIATING $80,974.23 TO ACCOUNT L- 71- BUILDINGS, STRUCTURES AND IMPROVEMENTS, SAID ACCOUNT BEING IN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4842 -66 AN ORDINANCE APPROPRIATING $1,600.00 FROM THE SURPLUS IN THE MOTOR VEHICLE HIGHWAY FUND TO ACCT. MVH 726 - OTHER EQUIPMENT. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO.4843 -66 AN ORDINANCE REPEALINGiSECTION II OF CHAPTER 26 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO ALCOHOLIC BEVERAGES BEING PROHIBITED IN CERTAIN PLACES, AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE$,FIRST AND SECOND READING ORDINANCE AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH ON ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, INDIANA, REQUIRING PERMITS AND LICENSES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. The Ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing April 25, 1966. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND TO THE SANITATION DEPARTMENT IN THE AMOUNTS OF $7,750.00 TO ACCOUNT XX 71, "BUILDINGS, STRUCTURES AND IMPROVEMENTS ", AND $1,750.00 TO ACCOUNT XX 73, "LAND ". The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the Ordinance be set for public hearing April 25, 1966. Councilman Palmer seconded the motion. Motion carried. NEW BUSINESS -..: Councilman Laven made a motion that the Board of Works be allowed to renegotiate with the Valley Cablevision for a Community Antenna Television Franchise. Councilman Szymkowiak seconded the motion. Councilman Geib pointed out that this motion did not allow for any other parties to apply for a franchise. Councilman Laven withdrew the motion. Councilman Szymkowiak withdrew the second to the motion. Councilman Geib made a motion' that the Clerk direct a communication to the Board of Works and Safety that they negotiate franchises with all interested parties seeking to provide cable television to the citizens of South Bend and prepare ordinances for the willing parties that are to be presented to the Common Council for proceedings according to law, said franchises to be drafted to include five year review of rates, a rate schedule in accord with that being pro- posed by St. Joseph Valley Teleception, Inc., a condition which prohibits assignment without Board of Works approval and such other conditions agreeable to a majority of the Council, as presented by the President of the Council in writing to the Board of Works. Councilman Palmer seconded the motion. Motion carried, 7 ayes, (Councilman Hunter, Allen, Palmer, Geib, Wise, Smith and Muszynski), 2 nays, (Councilmen Laven and Szymkowiak) There being no further business before the Council, Councilman Muszynski made a motion that the meeting be adjourned. Councilman Wise seconded the motion. Motion carried and Council adjourned at 11:15 P.M. ATTEST: CLERK APPROVED: 0