HomeMy WebLinkAbout07-10-44 Council Meeting Minutes362
Be it remembered that the 'Common Council of the City of South Bend, Indiana, met in regular session in the Council
Chambers, City Hall, Monday, July 10,1944, at 7:30 P.M. with all members present. President Niezgodski presided.
The reading of the minutes of the previous meeting was waived.
ORDINANCE NO. 3481
AN ORDINANCE TRANSFERRING THE SUM OF $22,720.42, THE 1943 BALANCE OF THE MOTOR
VEHICLE HIGHGRAY FUND, FROM THE CITY GENERAL FUND TO THE STREET AND TRAFFIC FUND.
The ordinance was given first and second reading. Councilman Richardson made a motion for the suspension of rules.
Councilman Nirocha seconded the motion. Motion carried.by a roll call vote of 9 ayes - 0 nays. The ordinance was
given third reading and passed by a roll call vote of 9 ayes - 0 nays.
MEMORANDUM:
RE:: TAXATION OF BUSSES BY THE CITY OF SOUTH BEND, INDIANA.
At the present time the City assesses a tax'in the amount of $50.00 per bus, per annum, under and in accordance with
the terms of Ordinance No. 2135 (later amended, but not changed in any material matter).
The question of whether or not the City of South Bend is legally entitled to assess taxes, other than regulatory tax-
es under its police power, is a matterof statutory construction. Applicable statutes relate to the general powers
of the Common Council, and to a determination of the actual meaning of legislation concerning the Public Service
Commission of Indiana, and of the Motor Vehicle law. These various statutes have been changed and amended from time
to time, so that the questions requiring interpretation are complex.
A study _of these laws has led the Office of the City Attorney to the conclusion that a tax can legally be imposed by
the City ,Council on busses in the City of South Bend.
Respectfully submitted,
Nathan Levy, City Attorney
Following--this report, a discussion was had by a representative of the Civic Planning Assocation and Eli Seebirt,
Attorney for the bus lines. Councilman Richardson made a motion to table the discussion until a later date. Council-
man McCarthy seconded the motion. Motion carried by a vote of 7 ayes - 0 nays - 2 absent (Councilmen Mirocha and
Brannan had left meeting).
A meeting of the Finance Committee was announced for Monday, July 17.
There being no further business, Council adjourned at 8 :37 P.M.
APPROVED:
CLEPH PROSIDENT
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