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HomeMy WebLinkAbout09-10-56 Council Meeting MinutesMEETING SEPTEMBER 10. 1956 e it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council hamber, Monday, September 10, 1956, at 8:47 P.M., C.D.S.T., (7 :47 P.M., C.S.T.), with all members present except ouncilman Hahn. The meeting was called to order by President Stanley C. Korpal, who presided. OF COMMITTEE ON MINUTES: Jo the Common Council of the City of South Bend: lour Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected he minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same e approved. Julius B. Christman, Jr. Stanley C. Korpal COMMITTEE Geo. W. Carr. th Bend, Ind., Sept. 10th, 1956. uncilman Kroll made a motion that the report be accepted and placed on file. Motion seconded by Councilman Carr. tion carried. ICATIONTS : communication from—Dr. F. R. Nicholas Carter, Secretary of the Board of Health, by Norman Pod.ell, was -read by the leek. This communication concerned inspection of property on Portage Avenue between Kin- and Queen Streets relative o rat infested area owned by Ambrosi. ouncilman Carr made a motion that the communication be accepted and placed on file. Councilman Erler seconded the otion. Motion carried. communication from City Engineer Raymond Andrysiak was read relative to the area in the 1900 block of East Ewing venue which was in bad condition after heavy rains. He stated the action his department had taken. cilman Kroll made a motion that the communication be accepted and placed on file. Councilman Tellson seconded motion. Motion carried. Communication was read from Mr. William Morris relative to housing. .cilman Tellson made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded motion. Motion carried. IONS: etition of Mayme Speth'And Alice Miller to rezone Lots 200 and 221 as shown on the recorded Plat of Samuel L. ottrell's First addition to the Town of Lowell being 204 North St. Louis Blvd., 206 N. St. Louis Blvd., 208 N. t. Louis Blvd.,and 715 East Colfax Avenue from B residential to C. Commercial. Y, otion"by Councilman Carr that the petition be referred to the City Planning Commission. Motion seconded by Council - an Kroll. Motion carried. ITION tition of Marjorie brinski to rezone Lot 5 on Plat of Burrough's Subdivision from B Residential to D Commercial. tion by Councilman Kroll that the petition be referred to the City Planning Commission. Motion seconded by uncilman Carr. Motion' carried. ITION tition of Ben and Rose Medow to rezone a tract of land from B Residential to D Commercial. tion by Councilman Kroll that the petition be referred to the City Planning Commission. Motion seconded by uncilman Carr. Motion Carried. ION tition of Katherine and William Weist and Hartman Builders to rezone a tract of land from B Residential to Commercial. tion by Councilman Errler that the petition be referred to the City Planning Commission. Motion seconded by uncilman Kroll. Motion carried. tition of Millard Hartman to rezone a tract of land from B Residential to D Commercial. tion by Councilman Glass that the petition be referred to the City Planning Commission. Motion seconded by uncilman Kroll. Motion carried. PORT OF ORDINANCE COMMITTEE: o the Common Council of the City of South Bend: our Committee on Ordinances to whom was referred a Resolution Determining to Cooperate with the Housing Aiith'ority, espectfully report that they have examined the matter and that in their opinion it should be reported favorable. George W. Carr, Chairman ouncilman Kroll made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the potion. Motion carried. REGULAR MEETING REPORT OF CITY CONTROLLER FOR THE MONTH OF JULY, 1956 TO: The Council SEPTEMBER 10th, 1956 Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,276,077.52 Receipts during month . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 703,771.19 Disbursements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,171,719.80 Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,806,625.92 Motion by Councilman Kroll that the report be accepted and placed on file. Motion seconded by Councilman Muszynski. Motion carried. REPORT OF CITY CONTROLLER FOR THE MONTH OF AUGUST, 1956 TO: The Council Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,808,128.91 Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,596,865.72 Disbursements . . . . . . . . . . . . . . . . . .$1,745,070.37 Balance . . . . . . . . . . . . . . . . . . . .. .. .$2,806,625.92 Motion by Councilman Kroll that the report be accepted and placed on file. Motion seconded by Councilman Muszynski. 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 Ordinance No. 3702 to create an additional section which will give the Board of Zoning Appeals very limited discretionary power to grant exceptions, respect- fully report that they have examined the matter and that in their opinion it should be reported favorable. George W. Carr, Chairman Motion by Councilman Tellson that the report be accepted and placed on file. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Kroll seconded the motion. To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred an Ordinance amending Ordinance No. 3702, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend (Planned Shopping Center- -C -2), respectfully report that they have examined the matter and that in their opinion it should be reported favorable. George W. Carr, Chairman Motion by Councilman Kroll that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE 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 general Ordinance No. 3709 of the City of South Bend, Chapter 26, Section 4 thereof providing for the rates of fare, and Chapter 26, Section 29 providing for monthly inspection, accurate taxi meter prerequisite to issuance of licenses and prohibition of driving of taxicab with unapproved taxi meter, respectfully report that they have examined the matter and that in their opinion it should be reported as favorable. George W. Carr, Chairman. Motion by Councilman Muszynski, seconded by Councilman Erler, that the report be accepted and placed on file. Motion carried. ORDINANCE NO. 4115 AN ORDINANCE TO AMEND ORDINANCE NO. 37023, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Limited discretionary power to Board of Zoning Appeals to grant exceptions) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). ORDINANCE N0. 4116 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOW AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Planned Shopping Center - -C -2) The Ordinance was given third reading and a motion,was.made : by.Councilman Erler to amend Lines 21 and 21 in sub- section 9 under Section 4 -B to read" The City Planning Commission shall (instead of m_az) require that shrubbery forming a permanent screen - - - - -- etc." The motion was seconded by Councilman Glass. Upon roll call vote of 2 ayes (Councilmen Erler and Glass,) and 6 nays, Councimmn Korpal, Carr, Tellson, Kroll, Muszynski and Christman,) 1 absent, Councilman Hahn, the amendment to the ordinance was lost. The Clerk proceeded with the roll call vote upon the third reading of the ordinance and the ordinance was passed by a roll call vote of 7 ayes (Councilmen Korpal, Carr, Tellson, Christman, Kroll, Erler and Muszynski) 1 nay, (Councilman Glass) and 1 absent (Councilman Hahn).. ORDINANCE NO. 4117 AN ORDINANCE AMENDING GENERAL ORDINANCE NO. 3709, OF THE CITY OF SOUTH BEND, CHAPTER 26, SECTION 4, THEREOF PROVIDING FOR THE RATES OF FARE, AND CHAPTER 26, SECTION 29, TAXI METER PREREQUISITE TO ISSUANCE OF LICENSES, AND PROHIBITION OF DRIVING OF TAXICAB WITH UNAPPROVED TAXI METER The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). REGULAR MEETING REPORT OF CITY PLAN COMMISSION The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: September 8, 1956 1172 SEPTEMBER 10th, 1956 The attached petition of John Sokol, et al, to zone Lots 112, 113, and 114 of Walnut Second Addition, situated on the northwest corner of Prairie Avenue and Nash Street to "C" Commercial and "D" Height and Area District, was legally advertised under date of August 27, 1956. Said petition was given public hearing on September 6, 1956, and the following action was taken: After due consideration, the Commission found that the favorable recommendation of the petition would result in unwarranted extension of strip zoning; that ample land, both vacant and developed, existed in the immediate vicinity, and that said land was now zoned commercially. The Commission found that the existence of this considerable amount of vacant land zoned commercially was a very clear indica- tion that no additional commercially zoned land in the vicinity was needed or desirable. The Commission found that the favorable recommendation of the petition would be an unwarranted intrusion into a residential area, and that the public welfare would best be served through continued residen- tial use of the petition property. It was therefore duly moved, seconded and unanimously carried that the petition be recommended un- f avorab-:ly . Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, Director RLH:aed Attachment Councilman Kroll moved that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION The Honorable Common Council City"of South Bend, South Bend, Indiana Gentlemen: September 8; 1956 The attached petition of Matthew and`Ted Sieracki to zone Lots 123 and 124 in LaSalle Park First Addition to "C" Commercial and "C" Height and Area District, said property being on Dundee Street immediately north of the east -west alley_.north of Western Avenue, was legally advertised under date of August 27, 1956. Said petition was given pub- lic hearing by the Commission on September 6, 1956, and the following action was taken: After due consideration, it was found that substantial justice would be accomplished by the favorable rec6mmendation of the petition. It was therefore so moved, seconded and unanimously carried that the petition be recommended favorably to the Council. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, Director, Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: September 8, 1956 The attached petition presented by the First Bank and Trust Company of South Bend, through Judd Leighton, Senior Vice President and Trust Officer, to rezone Lots 247 to 254, of Broadmoor Third Addition from Residential to "C" Commercial and "D" Height and Area, was legally advertised under date of August 27, 1956, and given public hearing on September 6, 1956. The following action was taken: After due consideration, the Commission found that the petitioners had failed to clearly document the need for additional commercial zoning; that the result of subject petition would be inharmonious with the concepts of the consolidated shopping district; that it would be an unwarranted intrusion into a residential district. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended unfavorably. Very truly yours, CITY PLANNING COMMISSION Robert L. -Huff, Director - Secretary RLH:aed Attachment Councilman Kroll made a motion that the report be accepted.and placed on file. Councilman Carr seconded the motion. Motion carried. REGULAR MEETING REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: September 8, 1956 The attached petition of N. W. Millar, et al, to zone both sides of East Ewing Street between Vernon and Caroline Streets, being Lots 1 through 22 of Whitcomb and Keller's Ridgedale Addition, from "C" Commercial to "A" Use District and "A" Height and Area District, was legally advertised under date of August 27, 1956, and given public hearing before the Commission on September 6, 1956. The following action was taken: The Commission found that subject property was used predominantly residentially and zoned commercially, that said property was deed restricted for single - family residential purposes only, and that petitioners desired conformity. After due consideration, it was moved, seconded, and unanimously carried that the petition be recommended I avorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director- Secretary RLH:aed Attachment Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion,, Motiozl carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, OF THE CITY OF SOUTH BEND (Lots 112, 113 and 114 Walnut 2nd Add. -- Prairie and Nash) The Ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that the Ordinance be set for Public Hearing on September 24, 1956. ORDINANCE NO. 4118 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, I14DIANA (Lots 123, 124 LaSalle Park 1st Add-- Sieracki) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Carr seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). ORDINANCE .., AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ( Lots 247 to 254, both inclusive, Broadmoor, 3rd Sec., ) 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 September 24, 1956. Councilman Carr seconded the motion. Motion carried. ORDINANCE NO. 4119 It AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lots l through 22, Whitcomb & Keller's Ridgedale Addition - -E. Ewing Ave., between Vernon & Caroline Streets). The Ordinance was given first reading by title and second reading in full. Councilman Erler made a motion for sus- pension of rules. Councilman Muszynski seconded the motion. Motion carried.by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn. ORDINANCE NO. 4120 AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE LAYNE - NORTHERN CO., INC., OF MISHAWAKA, INDIANA, FOR DRILLING OF WELL AT CENTRAL STATION ON THE ISLAND COMPLETE WITH PUMPING EQUIPMENT AND WELL AT NORTH STATION COMPLETE WITH PUMPING EQUIPMENT; ALSO CONVERSION OF LOW PRESSURE PUMP TO HIGH PRESSURE PUMP AT OLIVE STREET STATION, ALL IN THE CITY OF SOUTH BEND, INDIANA, FOR $63,675.00 The Ordinance was given first reading by title and second reading in full. Motion by Councilman Carr for suspension of rules. Motion seconded by Councilman Muszynski. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Hahn). The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent, ( COuncilman Hahn). ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $2,500.00 TO OFFICE OF CONTROLLER B -59 SOCIAL SECURITY, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956, AND DECLARING AN EXTRAORDINARY EMERGENCY The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the Ordinance be set for public hearing on September 24, 1956. Councilman Carr seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM OFFICE OF CONTROLLER B -58 CIVIL DEFENSE $66.00 TO POLICE DEPARTMENT P -11 SERVICES PERSONAL $66.00, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1956, AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the REGULAR MEETING SEPTEMBER 10th, 1956 Ordinance be set for public hearing on September 24th, 1956. Councilman Carr seconded the motion. Motion carried. Q'.. QOT TITTONT A RESOLUTION DETERMINING TO COOPERATE WITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND IN THE DEVELOPMENT AND ADMINISTRATION OF LOW -TRENT HOUSING PROJECTS, APPROVING A FORM OF CONTRACT ?,?ITH THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, WITH RESPECT THERETO, AND AUTHORIZING THE EXECUTION THEREOF. TITHEREA.S, the Housing Authority of the City of South Bend, Indiana, (herein called the "Authority ") proposes to develop and administer low rent housing projects in the City of South Bend, Indiana, (herein called the "City ") the first two of which will include a total of approximately Three Hundred Fifty (350) dwelling units and will be officially designated as Project IND -15 -1 and Project IND -15 -2; and said ,Authority proposes to assist in the develop- ment of said projects by the issuance of its bonds; and WHEREAS, the Authority has agreed to abandon the site bounded by Kemble Avenue on the East; Donald Street on the South; Webster Street on the West; and Bruce Street on the North, originally acquired for the location of Project IND -15 -1, and to relocate said project on a site approved by the City, which approval shall be evidenced by the written statement of the Mayor of said City, or the written statement of the Chairman of the Housing Committee of the Common Council of said City; and WHEREAS, the Authority has agreed to enlarge the site which it now owns and which site is located between Taylor and Scott Streets, South of Western Avenue in said City of South Bend, and to construct Project IND -15 -2 on a site to be. located on property bounded by Monroe Street and Monroe Street extended on the North; Taylor Street on the East ;,South Street extended to Chapin Street on the South, and Chaping Street on the West; and WHEREAS, the Authority has agreed Monroe Street and Monroe Street extended on Street extended to Chapin on the South, and WHEREAS, the Authority has agreed site; and that construction of buildings shall be located on property bounded by the North, the first alley West of Taylor Street on the East; South Chapin Street on the West; and to construct not more than One Hundred (100) units on the above defined ,TgEREAS, in connection with the development_ of any additional projects said Authority first shall obtain the approval of the City upon the site or sites selected for such project or projects, and which approval shall be evidenced by the written statement of the Mayor of the City of South Bend, or the written statement of the Chairman of the Housing Committee of the Common. Council of said City; and WHEREAS, in connection with the development of the projects the Authority desires to eliminate unsafe and insanitary dwelling units situated within the territorial limits of the City substantially equal in number to the number of newly- constructed d- oelling units to be provided by the projects; and t EREAS, the Authority has requested the City to cooperate with it and assist it in the elimination of such unsafe and insanitary dwelling units; and WHEREAS, there exist in the City unsafe or insanitary dwelling units to a greater number than the number of new dwelling units tro be included in the projects, and it is necessary and desirable that the City should eliminate such unsafe and insanitary dwelling units to protect the health, safety and morals of the inhabitants of the City; and T:'HEREAS, the City is willing and desires to cooperate with the Authority by furnishing, in accordance with the terms of this Resolution, customary municipal services to the projects and the tenants thereof and is willing and desires, in connection with the projects, to furnish, dedicate, close, pave, install, grade, re- grade, plan or re -plan streets, roasts, roadways, alleys, sidewalks or other places and to plan or replan, zone or rezone areas in the City in which the .project or projects may be located, and make lawful adjustments of building regulations and building ordinances and to accept dedication of certain property for street purposes and to otherwise do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of the projects; and WHEREAS, it is necessary that the present low - income occupants of unsafe or insanitary dwelling units be provided with new dwelling units at rentals thay can afford to pay; and WHEREAS, the City will directly benefit from the construction of new dwelling units for families of low income and from the elimination of unsafe or insanitary dwelling units within the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Sectionl. That the City hereby determines that, for the purpose of aiding said Authority in its efforts to eliminate unsafe and insanitary dwelling units in the City, the City shall cooperate with the Authority by eliminating some of the unsafe or insanitary dwelling units within the territorial limits of the City at least equal to the number of newly - constructed dwelling units to be provided by the projects (less the number of unsafe or insanitary dwelling units to be eliminated from the site of the projects by the Authority during the development of the projects).,_ and shall futther cooperate with the Authority by furnishing, among other things, municipal services and facilities for the projects and tenants thereof and otherwise cooperate with the Authority all as more fully provided in the Agreement set forth herein. Section 2. That the City shall enter into a contract with the Authority substantially in the following form: COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of , 1956, by and between The Housing Authority of the City of South Bend, Indiana, (herein called the "Local Authority ") and the City of South Bend, Indiana, (herein called the "Municipality ") WITNESSETH: In consideration of the mutual covenants hereinafter set forth the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any low -rent housing hereafter developed as an entity by the REGULAR MEETING SEPTEMBER 10th, 1956 Local Authority with financial assistance of the Public Housing Administration (herein called the "PHA "). (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non - dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non - dwelling utilities. (d) The term "Slum" shall mean any area GThere dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor to secure a contract or contracts with the PHA for loans and annual contributions and undertake to develop and administer one or more projects, 3. (a) Under the constitution and statutes of the State of Indiana, all projects a.r e exempt from all real and personal property taxes levied or imposed by any Taxing Body, `s,'ith respect to any,pr.oject, so long as either (i) such project is o?.med by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with such project remains in force and effect, or (iii) any bonds issued in con- nection with such project or any monies due to the PHA in connection with such project remains unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or per- sonal property taxes upon such projects or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in lieu of Taxes ") in lieu of such'taxes and.in payment for the public services and facilities furnished from time to time without ' other cost or charge for or with respect to such projects. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year estab- lished for such projects and shall be in an amount equal to either (i) ten per cent (10 %) of the aggregate Shelter Rent charged by the Local Authority in respect to such projects during such fiscal year, or (ii) _the amount permitted to be paid by applicable state law in effect on the date such payment is made, which- ever amount is the lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the pro- portion which the real property taxes which would have been paid to each Taxing Body for such year if the projects were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the projects were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the projects were not exempt from taxation, (d) Upon failure of the Local Authority to make ant. payment in Lieu o.' Taxes, no 1ie.n 8l­yinst any project or assets of the Local Authority shall attach, nor shall any interest or; penalties accrue or attach on account thereof. 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, , as amended) of said projects and within five (5) years after the completion thereof, or such further period as may be approved by the PHA, and in addition to the number of unsafe or insanitary dwelling units Which the Municipality is obligated to eliminate, there has been or will be elimination (as approved by the PHA) by demolition, condemnation, effective closing or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such projects are located, substantially equal in number to the number of newly constructed dwelling units provided by such projects; Provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to'the number of families accommodated therein; and Provided, further, that this paragraph 4 shall not apply in the case of (i) any project developed on the site of a S;um cleared subsequent to July I5, 1949, and that the dwelling units e1_iminated by the clearance of the site of such projects shall not be counted as elimination for any other project or any other low -rent housing project, or (ii) any project located in a rural non -.farm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any project and continuing so long as either (i) such projects are owned by a public body or governmental agency and are used for low -rent housing purposes, or (ii) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with suct projects remains in force and effect, or (iii) any bonds issued in connection with such projects or any monies due to the PHA in connection with such projects remains unpaid, whichever period is the longest, the Vunicipality without cost or charge to the Local Authority or the tenants of such projects (other than the Payments in Lieu of Taxes), shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such projects, public services and facilities of the same character and to the same extent as are furnished from time to time with- out cost or charge to other dwellings and inhalgi.tants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such projects as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas; and, insofar as it is lawfully able,to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such projects, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the sites and surrounding territories of such projects as are reasonable and necessary for the development and protection of such projects and the surrounding territories; (d) Accept grants of easements necessary for the development of such projects; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such projects. 6. In respect to any projects the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of souh projects, together with all storm and sanitary sewer mains in such dedicated areas, after REGULAR MEETING SEPTEMBER 10th, 1955, the Local Authority, at its own expense, has completed the grading, improvement, paving and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide side- walks for all streets bounding such projects or necessary to provide adequate access thereto, (in considera- tion whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the project sites for such work if such sites were privately owned); and (c) it will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such projects and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the project sites for such work if such sites were privately owned). 7. If by reason of the Municipality's failure or -refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any projects, the Local Authority incurs any expense to obtain such services or facilities, then. the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any projects or any other low -rent housing projects owned or operated by the Local Authority. 8. So long as any contract between the Local_ Authority and the PHA for loans (including preliminary loans) or annual contributions, or both, in connection with any projects remains in force and effect, or so long as any bonds issued in connection with any projects or any monies due to the PHA in connection with any projects remain unpaid, this Agreement shall not be abrogated, changed or modified without the consent of the PHA. The privileges and obligations of the Municipality hereunder shall .remain in full force and effect with respect to each project so long as the beneficial title to such projects are held by the Local Authority or by any other public body or govern- mental agency, including the PHA, authorized by law to engage in the development or administration of low -rent housing projects• If at any time the beneficial title to, o,r possession of, an 7 p ojects is held by such other public-body o -- governmental agency, including the ?HA, the provisions hereof shall inure to the benefit of and maybe enforced ',,y, such other public body or governmental agency, including the PHA. 9. The Cooperation Agreement dated. Feb-ruary 4, 1942, between the parties hereto is hereby terminated, Provided, however, that such termination shall in no way affect or invalidate any rights now vested in the Local Authority as-the result of financial obligations invurred in reliance on said Agreement dated February 4, 1942. THE CITY OF SOUTH BEND, INDIANA ATTEST: BY: Edward F. Voorde, Mayor Freda Noble, City Clerk THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA ATTEST: BY: Section"3. That the Mayor of the City of South Bend, Indiana, be and he is hereby authorized and directed to execute in triplicate a contract substantially in the form set forth in Section 2 hereof on behalf of the City and the Clerk of the City of South Bend, Indiana, be and she is hereby authorized and directed to impress the corpor- ate seal of said City thereon and attest the same. Section,,4. This Resolution shall be in full force and effect from and after its passage. Passed by the Common Council this day of , 1956. ATTEST• Fre a Noble, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of hour of o'clock M. Freda Noble, City Clerk , 1956, at the This resolution was approved and signed by me on the day of ,1956, at the hour of o'clock M. Edward F. Voorde, Mayor of the City of South Bend, Indiana Councilman Muszynsk.i made a ~lotion that the Resolution be adopted. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 5 ayes, nounclI en Kor.p. ^.l, Carr, Kroll, T,ellson and Muszynski, 3 nays, Councilmen Erler, Glass and Christman. Councilman Hahn was absent. Resolution passed. Councilman Kroll made a motion for a five minute recess. Councilman Carr seconded the motion. Motion carried and the Council recessed at 10:10 P.M. The Council reconvened at 10 :15 P.M. OLD BUSINESS: At the request of Councilman Christman, the Traffic Department will be instructed to check traffic at Olive Street and Prast Boulevard. 1177 REGULAR FETING SEPTEMBE' 10th, 1956 Councilman Carr asked that Officer. Kwasniewski be cited for his excellent work in checking speeding on Sunnyside and Sunnymede. Councilman Carr Made a motion, seconded by Councilman Kroll that the railroad xig required to report to the City about holding up traffic at Lincolnway ; ?est. Councilman Carr suggested that a check be made of excessive speed on Ironwood Drive and that consideration 9e given by the Traffic Engineer to installation of traffic lights at Edison and Ironwood Drive. Also, the possibility of a light at Rockne Drive and Ironwood Drive. City Attorney Irving J. Smith reported that the Railroads had been advised to correct the traffic tie -up on Lincoln way West. That speeding on Ironwood Drive is being watched and that he had requested the Traffic Engineer to sur- vey the needs for traffic Lights on Ironwood Drive. Councilman Carr made a motion, seconded by Councilman Erler that Mr. Smith's report be accepted and placed on file. Motion carried. Councilman Glass suggested that a traffic light, much needed at the intersection of Jefferson Blvd., and 30th Street, be installed prior to work on the street in order to eliminate tearing up the street at a later date. Councilman Christman asked that the Street Department do something to control the growth. of Canadian Thistles in various sections-.of town. Councilman Carr made a motion to adjourn at 10:27 P.M. Councilman Erler seconded the motion. Motion carried and the Council meeting adjourned at 10 :27 P.M. C.D.S.T. (9:27 P.M.; C.S.T.) ATTEST: APPROVED: CLERK P SIDENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -