HomeMy WebLinkAboutCodifying its general Ordinances Ordining new Priovisions , Repealing former General OrdinancesORDINANCE NO. 5372 -71
AN ORDINANCE PROVIDING FOR THE GOVERNMENT OF THE
CITY OF SOUTH BEND CODIFYING ITS GENERAL ORDINANCES
AS HEREIN CHANGED, ORDAINING NEW PROVISIONS, AND
WITH STATED EXCEPTIONS, REPEALING FORMER GENERAL
ORDINANCES, AS AMENDED.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA:
SECTION I. Adoption. Under the provisions of "IC 1971 ",
§18 -1 -3 -6 Burns' Stat., 8 -1406) and "IC 1971" § §18- 5 -12 -1 et seq.
(Burns' Stat., § §48 -8301 et seq.) the general and permanent ordinances
of the City of South Bend, Indiana, as revised, amended, restated,
rearranged, renumbered, codified and recodified into 21 Chapters
are hereby approved, adopted and reenacted as the "City Code of South
Bend, Indiana, 1971 ". The Code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
SECTION II. Code in loose -leaf book form and on file in
Clerk's Office. Pursuant to the provisions of such Acts of the State
of Indiana as provided for in the preceding Section, the City Code of
South Bend, Indiana when published in loose -leaf book form by authority
of the Common Council, need not be published in any other form. Such
Code thus published shall be in full force and effect two (2) weeks
from the date of publication thereof in loose -leaf book form and the
filing thereof at least two (2) copies in the office of the City Clerk
for public inspection.
SECTION III. Repeal of prior general ordinances - exceptions.
That the Municipal Code of South Bend, Indiana, 1962 and all former
general and permanent ordinances are repealed on the effective date of
the City Code of South Bend, Indiana, 1971, except for the following:
(a) Any offense or act committed or done or any penalty or
forfeiture incurred before the day this ordinance shall
become law.
(b) Any contract or right established or accruing before the
day this ordinance shall become law.
(c) Any ordinance or resolution promising or guaranteeing the
Payment of money for the City or authorizing the issue of
any bonds of the City or any evidence of the City's in-
debtedness, or any contract or obligation assumed by the
City before the day this ordinance shall become law.
(d) The administrative ordinances or resolutions of the
Council not in conflict or inconsistent with the provi-
sions of the Code.
(e) The annual appropriation ordinances.
(f) Any franchise or right established, conferred or accruing
by ordinance or resolution before the day this ordinance
shall become law.
1st & 2nd READING 12 -13 -71
COMMITTEE OF THE WHOLE
PUBLIC HEARING 12 -27 -71
3rd READING 12 -27 -71
NOT APPROVED
REFERRED
PASSED 12 -27 -71
FILED IN CLERK'S OFFICE
DEC 9 1971
KATHRYN L. BLOUGH
C]fy CLERK, SOUTH BEND, IND.
(g) Any ordinance relating to the salaries of the City
officers or employees as it affects salaries prior
to adoption of this Ordinance.
(h) Any special, temporary or noncontinuing ordinance or
resolution.
(i) Any ordinance or resolution dedicating, accepting,
opening, naming, vacating, or closing any street or
alley, park or square.
(j) Any ordinance or resolution of the City providing for
local improvements or levying assessments for local
improvements.
(k) Any ordinance levying or imposing any tax.
(1) Any ordinance establishing or changing boundaries of
the City.
(m) Any ordinance annexing or disannexing territory to and
from the City.
(n) Any ordinance adopting and incorporating by reference
any maps, plans, diagrams and illustrations which are
not published in this Code.
(o) Any ordinance for the purchase, acquisition or disposi-
tion of any property real or personal.
(p) Any ordinance accepting gifts or bequests.
(q) Any ordinance transferring or appropriating funds.
(r) Any ordinance accepting, releasing or abandoning
easements.
(s) Any ordinance relating to railroad crossing safety gates,
lights or flagmen.
(t) General ordinances adopted on or after November 1,
1971, which date constitutes the cut -off date for the
inclusion of general ordinances in the initial publication
of this Code.
SECTION IV. Additions amendments and supplements.
That any additions, amendments or supplements to this Code when passed
in such form as to indicate the intention of the Common Council to make
them a part of this Code shall be deemed to be incorporated in this Code
so that a reference to the "City Code of the City of South Bend, Indiana,
1971" shall be understood as including them.
SECTION V. Severability. That if any Section or part of this
Ordinance or Code be for any reason held unconstitutional or invalid by
a court of competent jurisdiction, that holding shall not affect the
validity of the remaining portion of the Ordinance or Code, but the re-
maining portion shall be and remain in full force and effect.
- 2 -
SECTION VI. Effective Date. This ordinance shall be in
full force and effect from and after its adoption by the Common
Council, its approval by the Mayor, its publication as hereinabove
provided, and filing in the office of the City Clerk, as hereinabove
provided.
Member of the Common Council
Passed by the Common Council of the City of o th Bend, Indiana, on
the 27th day of December , 1971.
ATTEST:
C ty Cle
Presented by
the 28th
A. M.
resia ng urricer o
Counc 1
me to the Mayor of the City of South Bend, Indiana, on
day of December , 1971, at the hour of 11 o'clock,
T s ordinance approved and signed by me on the me day of
� 1971, at the hour of o'c
•r lock, _ M.
(fammuln stpurf
ZOO flit (llammu (Qounrtl of 144 (dihy of #xW4 Brnk
Your Committee of the Whole
to whom was referred AN ORDINANCE PROVIDING FOR THE GOVERNMENT OF
THE CITY OF SOUTH BEND CODIFYING ITS GENERAL
ORDINANCES AS HEREIN CHANGED, ORDAINING NEW
PROVISIONS, AND WITH STATED EXCEPTIONS, RE-
PEALING FORMER GENERAL ORDINANCES.
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council
as favorable
F[C[ FNEfi FV [118X1 N0 CO.
Chairman