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HomeMy WebLinkAbout09-12-66 Council Meeting MinutesREGULAR MEETING SEPTEMBER 12, 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, September 26, 1966 at 8 :00 P'M., with all members present, except Councilman Wise. The meeting was called to order by President John L. Hunter, Jr., who presided. President Hunter introduced Rev. Milton D. Willford of the Council of Churches, who gave the Invocation. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Szymkowiak, Laven, Smith and Muszynski and Geib ABSENT: Councilman Wise REPORT OF 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 respectfully report that they have examined 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. Palmet Meeting of August 22, 1966 and August 29, 1966 There being no,objections, the report was accepted as read and placed on file. PETITION We, the undersigned, do hereby respectfully mare application and petition the Common Council of the City of South Bend to amend the zoning Ordinance of The Municipal Code of the City of South Bend, Indiana, 1962 as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the SE. 4, Section 11, T 37N, R 2 E, City of South Bend, Portage Township, Saint Joseph County, Indiana, and bounded to the north by Western Avenue, to the east by Scott Street, to the South by the New York Central Railroad properties, and to the West by Laurel Street. 2. The property is owned by the City of South Bend Department of Redevelopment. 3. A legal description of the property is as follows: Parcel of land situated in SE 4, Section 11, T 37 N. R 2 E, City of South Bend, Portage Township, Saint Joseph County, Indiana, and more particularly bounded and described as follows: Beginning at a point which bears due North 33.00 feet and due East 33.00 feet from the centerline intersection of Western Avenue and Scott Street; thence along an assumed bearing of South, on a line which is parallel to and 33.00 feet due East of the centerline of Scott Street, a distance of 1012.08 feet; thence North 78045'32" West 671.59 feet; thence South 89052'45" West 66.00 feet; thence North 0007'15" West along a im PETITION (Continued) line parallel to and 33.00 feet to the West of the centerline of Chapin Street, a distance of 93.37 feet; thence South 89059'00" West 142.00 feet; thence North 0011'30" West 29.95 feet; thence South 89054:30" West 132.00 feet; thence South 0008'00" East 82.39 feet; thence North 73022'05" West 52.77 feet; thence North 0008'00" West 27.28 feet; thence North 74020'30" West 138.37 feet; thence North 0015'00 "West 19.44 feet; thence North 73045'00" West 163.23 feet; thence North 0002'45" West along a line parallel to and 20 feet due West of the centerline of Laurel Street a distance of 696.03 feet; thence North 89056'45" East along a line parallel to and 33.00 feet due North of the centerline of Western Avenue, a distance of 646.58 feet; thence South 89055'00' East, along a line parallel to and 33.00 feet due North of the centerline of Western Avenue, a distance of 693.51 feet to the point of beginning. Said tract of land bounded as described above covers a total area of 1.153,812 square feet, or 26.488 acres. It is desired and requested that the foregoing property be rezoned: From D Light Industrial Use and F Height and Area District To B Residential Use and G Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: 1 Hi -Rise Containing 149 dwelling units 22 Low -Rise 74 dwelling units 1 Community Building 24 Structures 223 Dwelling units Plus a park section Total acreage: 26.49 acres more or less 6. Number of off street parking spaces to be provided: 109 7. Attached is a copy of: a) an existing plot plan showing my property and other surrounding properties; b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c) site development plan /s/ W. Jan Chong - Executive Director _Signature of Petitioner South Bend Departmen Redevelopment Petition prepared by South Bend Department of Redevelopment Councilman Allen made a motion that the Petition be referred to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF AREA PLAN COMMISSION August 17, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance amending Section 40 -1 and 40 -17 of the Municipal Code of the City of South Bend, Indiana was legally advertised under date of July 9, and 16 and given public hearing on July 19, 1966. The following action'was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director - Secretary There being no objections, the report was accepted, as read, and placed on file. REPORT OF AREA PLAN COMMISSION August 17, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Gladys Batey, et al, was legally advertised under date of August 6 and 13 and given public hearing.on August 16, 1966. The following action was taken: After due consideration it was moved, seconded and carried that the proposed ordinance and site development plan be recommended unfavorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director - Secretary There being no objections, the report was accepted as read, and placed on file. REPORT OF AREA PLAN COMMISSION August 17, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Estelle C.. Cover, et al, was legally advertised under date of August 6 and 13 and given public hearing on August 16, 1966. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the proposed ordinance and site development plan be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director - Secretary There being no objections, the report was accepted, as read, and placed on file. ORDINANCE:, FIRST AND SECOND READING ORDINANCE NO. 4878 -66 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATERWORKS OF THE CITY OF SOUTH BEND AND WILLARD H. MYERS, INCORPORATED FOR SANDBLASTING, TUCKPOINTING AND CAULKING OF NORTH PUMPING STATION IN THE SUM OF $9,950.00 The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried. Mr. Howard Goodhew, Water Works Superintendent explained the need for the Ordinance. The Ordinance was then given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 1 absent (Councilman Wise) ORDINANCE, FIRST READING AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND AND E.J. WHITE, INCORPORATED FOR INSTALLATION OF FLUORIDATION FACILITIES AT NORTH STATION, OLIVER STATION, SOUTH STATION AND AIRPORT STATION IN THE SUM OF $32,845.00. The Ordinance was given first reading by title. Councilman Allen objected to the second reading of the Ordinance. Councilman Szymkowiak seconded the objection. President Hunter announced that the Ordinance would be given second reading September 26, 1966. ORDINANCE, FIRST READING j AN ORDINANCE APPROVING A CHANGE ORDER IN A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND AND C & C CONSTRUCTION COMPANYJNC.ORPORATED FOR THE INSTALLATION OF FLUORIDATION FACILITIES AT EDISON PARK PUMPING STATION IN THE SUM OF $11,506.00 The Ordinance was given first reading by title. Councilman Allen objected to the second reading of the Ordinance. Councilman Szymkowiak seconded the objection. President Hunter announced that the Ordinance would be given second reading September 26, 1966. i i REGULAR MEETING _ SEPTEMBER-12,--LM ORDINANCE,, FIRST READING AN ORDINANCE APPROVING A CHANGE ORDER IN A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND AND B & G CONSTRUCTION COMPANY, INCORPORATED FOR THE INSTALLATION OF FLUORIDATION FACILITIES AT PINHOOK PARK PUMPING STATION IN THE SUM OF $11,385.00 The Ordinance was given first reading by title. Councilman Allen objected to the second reading of the Ordinance. Councilman Smith made a motion to recess. Councilman Geib seconded the motion. Motion carried. Time: 8:40 P.M. Reconvened 8:50 P.M. President Hunter announced that the Ordinance would be given second reading on September 26, 1966. ORDINANCE,FIRST AND SECOND READING AN ORDINANCE AMENDING SECTIONS 40 -1 AND 40 -17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED 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 on September 26, 1966. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Location: South of L.W.E., West of Twyckenham) The Ordinance was given first reading by title and second reading in full. Councilman Laven made a motion that the Ordinance be set for public hearing on September 26, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED.(Location: 3900 block S. Michigan). 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 on September 26, 1966. Councilman Laven seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING ORDINANCE NO. 4879 -66 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GIFT OF PERSONAL PROPERTY TO BE DONATED BY THE STUDEBAKER CORPORATION TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second reading in full. Councilman Laven made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried. City Attorney, Robert J. DuComb explained the purpose of the Ordinance. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, Councilmen Hunter, Allen, Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 1 absent (Councilman Wise). Councilman Geib asked that the Clerk send a letter of thanks to the Studebaker Corporation. President Hunter instructed the Clerk to send such a letter. ORDINANCE, FIRST AND SECOND READING ORDINANCE NO. 4880 -66 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS OF THE CITY FOR SUCH PURPOSE. The Ordinance was given first reading by title and second reading suspension of rules. Councilman Szymkowiak seconded the motion. Bickel spoke in favor of the Ordinance, and explained its need. passed by a roll call vote of 8 ayes, (Councilmen Hunter, Allen, Muszynski) 0 nays, Y absent (Councilman Wise). ORDINANCE, FIRST AND SECOND READING in full. Councilman Allen made a motion for Motion carried. City Controller James A. The Ordinance was given third reading and Palmer, Geib, Szymkowiak, Laven, Smith and AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE SEWAGE DISPOSAL FUND IN THE AMOUNT OF $62,717.55. The Ordinance was given first reading by title and second reading in full. Councilman Laven made a motion that the Ordinance be set for public hearing September 26, 1966. Councilman Muszynski seconded the motion. Motion carried. e1 tk L1,1j,U .AR MEETING S PTFMRF 1966 - -- ----------------- - - - - -- - - ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $10,500.00 TO VARIOUS ACCOUNTS WITHIN THE GENERAL FUND. 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 September 26, 1966. Councilman Palmer seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND IN THE AMOUNT OF $150.00 TO ACCOUNT 214 TELEPHONE AND TELEGRAPH, IN SAID FUND. The Ordinance was given first reading by title, and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on October 10, 1966. Councilman Szymkowiak seconded the motion. Motion defeated by a vote of 2 ayes, 6 nays. Councilman Smith made a motion that the Ordinance be set for public hearing on September 26, 1966. Councilman Geib seconded the motion. Motion carried, 6 ayes, 2 nays. Councilman Smith made a motion to recess. Councilman Geib seconded the motion. Motion carried. Time: 9 :28 P.M. Reconvened 9 :37 P.M. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AUTHORIZING THE TRANSFER OF $29,268.36 FROM THE SOUTH BEND APW INDIANA IG FUND AND $7,639.72 FROM THE SOUTH BEND APW INDIANA 3G FUND TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA 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 on September 26, 1966. Councilman Palmer seconded the motion. Motion carried. ORDI-NANCE, FIRST AND SECOND READING AN ORDINANCE AUTHORIZING THE TRANSFER OF $31,394.36 FROM THE STREET AND TRAFFIC FUND AND $23,042.60 FROM THE CITY PLAN FUND TO THE GENERAL FUND AND APPROPRIATING FROM THE GENERAL FUND THE SUM OF $48,000.00 TO ACCOUNT B -53 "REFUND, AWARDS AND INDEMNITIES" IN THE OFFICE OF CONTROLLER. The Ordinance was given first reading by title, and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on September 26, 1966. Councilman Laven seconded the motion. Motion carried. ORDINANCE_, FIRST AND SECOND READING AN ORDINANCE AUTHORIZING THE TRANSFER OF $1,523.63 FROM THE 1960 GENERAL STREET IMPROVEMENT FUND AND $6,469.48 FROM THE MUNICIPAL BONDS OF 1961 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 on September 26, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT V -44, "MATERIALS ", IN THE AMOUNT OF $13,600.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT V -11, "SERVICES PERSONAL ", ALL BEING IN THE GENERAL FUND. The Ordinance was given first reading by title.and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on September 26, 1966. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -451, "PARTS OF EQUIPMENT" IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT Q -251, "REPAIRS TO BUILDINGS AND STRUCTURES ", ALL BEING IN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on September 26, 1966. Councilman Geib seconded the motion. Motion carried. M SEPTEM�EA�: 196 _ _ REGULAR- ORDINANCE, FIRST AND SECOND READING AN ORDINANCE APPROVING AND CONFIRMING A COMMUNITY ANTENNA TELEVISION FRANCHISE CONTRACT BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND AND VALLEY CABLEVISION CORPORATION. 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 on September 26, 1966. Councilman Laven seconded the motion. Motion carried. ORDINANCE FIRST AND SECOND READING AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Location: On the east side of York Rd. and South of the centerline of Jackson Rd) 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 on September 26, 1966. Councilman Szymkowiak seconded the-motion. Motion carried. RESOLUTION NO. 136 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "ELECTRIC CURRENT" ACCOUNT OF THE FIRE DEPARTMENT IN THE AMOUNT OF $600.00 AND THE TRANSFER OF THE SAME FROM THE "WATER" ACCOUNT IN THE SAME CATEGORY, TO -WIT: SERVICES CONTRACTUAL, AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so 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 electric services are urgently needed by the Fire Department to assure its ability to properly perform its function and the sum of $600.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed, and more specifically as follows, to -wit: 1. Six Hundred Dollars ($600.00) in ACCOUNT Q -224 designated as "Water ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $600.00 be transferred from ACCOUNT Q -224 designated as "Water ", by transferring it to the following account, to -wit: 2. Six Hundred Dollars ($600.00) to ACCOUNT Q -221 designated as "Electric Current ", both of said accounts being in the same category, to -wit: Services Contractual of the Fire Department. /s/ Richard G. Geib Member of the Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Palmer seconded the motion. Motion carried. Cecil McHenry, Fire Chief,spoke in favor of the Resolution. The Resolution was adopted by a roll call vote of 8 ayes (Councilmen Hunter, Allen Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays,1 absent (Councilman Wise). RESOLUTION NO. 137 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "ELECTRIC CURRENT" ACCOUNT OF THE ELECTRICAL DEPARTMENT IN THE AMOUNT OF $200.00 AND THE TRANSFER OF THE SAME FROM THE "REPAIRS OF BUILDINGS AND STRUCTURES" ACCOUNT IN THE SAME CATEGORY, TO -WIT: SERVICES CONTRACTUAL, AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so 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 electric services are urgently needed by the Electrical Department to assure its ability to properly perform its function and the sum of $200.00 is needed forthwith; and WHEREAS, A Surplus exists in another account where it is not presently needed, and more specifically as follows, to -wit: 1. Two hundred Dollars ($200.00) in ACCOUNT V -251 designated as "Repairs of Buildings and Structures ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $200.00 be transferred from ACCOUNT V -251 designated as "Repairs of Buildings and Structures ", by transferring it to the following account, to -wit: 2. Two Hundred Dollars ($200.00) to ACCOUNT V -221 designated as "Electric Current ", both of said accounts being in the same category, to -wit's Services Contractual of the Electrical Department. /s/ John L. Hunter, Jr. -- Member of the Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Szymkowiak seconded the motion. Motion carried. Eugene Radecki, Electrical Department, spoke in favor of the Resolution. The Resolution was adopted by a roll call vote of 8 ayes (Councilmen Allen, Hunter, Palmer, Geib, Szymkowiak, Smith, Laven and Muszynski) 0 nays, 1 absent (Councilman Wise). A REGULAR MEETING SEPTEMBER 12 1966 RESOLUTION NO. 138 -66 A RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE "MOTOR EQUIPMENT" AND "OFFICE EQUIPMENT" ACCOUNTS OF THE POLICE DEPARTMENT IN THE AMOUNT OF $6,000.00 AND THE TRANSFER OF THE SAME FROM THE "RADIO EQUIPMENT" ACCOUNT IN THE SAME CATEGORY, TO -WIT: "PROPERTIES',, AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so 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 a police car and for office equipment are urgently needed by the Police Department to assure its ability to properly perform its function and the sum of $6,000.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed, and more specifically as follows, to -wit: 1. Six Thousand Dollars ($6,000.00) in ACCOUNT P -727 designated as "Radio Equipment ". NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $6,000.00 be transferred from ACCOUNT P -727 designated as "Radio Equipment ", by transferring it to the following accounts, to -wit : 2. Two Thousand Dollars ($2,000.00) to ACCOUNT P -722 designated as "Motor Equipment" and 3. Four Thousand Dollars ($4,000.00) to ACCOUNT P -725 designated as "Office Equipment ", all of said accounts being in the same category, to -wit: "Properties" of the Police Department. /s/ Chester Muszynski Councilman Szymkowiak made a motion that the Resolution be adopted. Councilman Muszynski seconded the motion. Motion carried. Irvin C. Hampton, Police Chief spoke in favor of the Resolution. The Resolution was adopted by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 1 absent (Councilman'-Wise). There being no further business before the Council, Councilman Muszynski made a motion to adjourn. Councilman Smith seconded the motion. Motion carried. Council adjourned at 9:55 P.M. ATTEST: APPROVED: CLERK PRES