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HomeMy WebLinkAboutEstablishing a Civic Center AuthorityORDINANCE No. 5504 -73 Passed by the Common Council of the City of South Bend, Indiana APRIL 9, t9 73 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana APRIL Clerk of Common Council IRENE K. GAMMON Approved and signed by me 49 i U4i 1 13 19-a Clerk NO. 5504 -73 AN ORDINANCE ESTABLISHING A CIVIC CENTER AUTHORITY. WHEREAS, the City of South Bend has embarked upon the development of a Civic Center within the downtown area of South Bend; and WHEREAS, a Civic Center would enhance the participation potential of the community and complement the industrial, commercial and academic growth of the South Bend Metropolitan Area; and WHEREAS, the City of South Bend desires to establish an Authority to maintain, control and operate said Civic Center. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. CIVIC CENTER AUTHORITY - CREATION A Civic Center Authority shall be created which shall have full and complete authority over the Civic Center Complex, including any and all buildings and the grounds adjacent thereto. The members of the Authority shall receive no salary for their services, but shall be entitled to receive their necessary expenses in all work in connection with the duties of the work of the Board. The Authority shall be composed of nine members, not more than five of whom shall be members of one political party, who shall be represen- tatives of the following classifications: 1. Hotel -Motel Tax Board - To be appointed by the Mayor for an initial term of three (3) years. 2. Parks and Recreation Board - To be appointed by the Council for an initial term of three (3) years. 3. Industrial Museum - To be appointed by the Council for an initial term of three (3) years. 4. Michiana Area Resident - To be appointed by the Mayor for an initial term of two (2) years. 5. South Bend Resident - To be appointed by the Mayor for an initial term of two (2) years. 6. South Bend Art Center - To be appointed by the Council for an initial term of two (2) years. 7. Michiana Area Resident - To be appointed by the Mayor for an initial term of one (1) year. 8. South Bend Community School Corporation - To be appointed by the Mayor for an initial term of one (1) year. 9. Michiana Arts and Sciences Council - To be appointed by the Council for an initial term of one (1) year. The members of the Authority shall serve the term of three years, except for their initial terms which shall be as set forth above. A Michiana resident is defined as a person who resides within a 50 -mile radius of the Civic Center. SECTION II. CIVIC CENTER AUTHORITY - ORGANIZATION Within ten days after all of the members of the Authority have been appointed, as hereinbefore provided, they shall hold a meeting and shall, from their own number, elect a president, a vice - president and a secretary. Each of such officers shall hold office for a period of one year and until their successors are elected and qualified. The City Controller, by virtue of his office, shall serve as treasurer. SECTION III. CIVIC CENTER AUTHORITY - GENERAL POWERS The Authority shall have full and complete power in all matters pertaining to the use, operation, improvement and maintenance of the Civic Center Complex to appropriate money from the Civic Center Endowment Fund, and to lease such Complex or any part thereof, for stated periods, or temporarily, as from time to time, in the judgment of the Authority, shall be deemed advisable. All money from the Civic Center Endowment Fund may be used by the Authority to develop, operate, maintain or improve the Civic Center. SECTION IV. CIVIC CENTER AUTHORITY - BUDGET The Authority shall annually prepare a budget for the expenditures of the Authority from the Civic Center Endowment Fund for the next succeeding year. The budget shall be prepared and submitted by the first Monday in October and a public hearing shall be held on the last Monday of October, at which time any citizen shall have a right to be heard thereon. Notice shall be given by publication of such budget and of such public hearing by a newspaper of general circulation located in the same county as the Civic Center; and in the event there is no newspaper of general circulation published within said county, then the notice shall be published in any newspaper of general circulation located within fifty (50) miles of the Civic Center. Said notice shall be published not less than fifteen (15) days prior to the date of the said public hearing. The Authority shall adopt its budget within five (5) days after the public hearing. The Authority may also submit an annual budget to the Common Council in the same manner as city departments. SECTION V. CIVIC CENTER AUTHORITY - POWERS AND DUTIES For the purposes of carrying out the purposes and intent of this act, the Civic Center Authority shall have the following powers and duties, and such Authority is hereby authorized to do and perform any of the following: 1. To acquire, own, lease, construct, improve, equip, operate and maintain the Civic Center located in downtown South Bend, and any additions thereto, including the gas, electric, water and sanitary services appurtenant thereto, and any other service, equipment and plant being necessary for the successful operation of the said Civic Center. The Civic Center Authority shall have special power and authority to lease all or any part of such institu- tions or works to or from any association, individual or individuals, or corporation, for definite periods of time and upon such terms as shall be consistent with good business practices and with the pur- poses of this act. No obligation shall be incurred by the Civic -2- Center Authority, in relation to said Civic Center, except such as shall be payable solely from the funds provided for under the power and authority of such Civic Center Authority. 2. To obtain funds for the payment of the cost of all or any part of said Civic Center Complex, the Authority may appropriate from the Civic Center Endowment Fund as provided by law, or may obtain funds by mortgaging the property of the Civic Center and /or that part of the annual revenue, obtained from any of the lessees of said Complex, such as shall be sufficient to meet the annual require- ments of any interest and principal payments. Any mortgages, loans or contracts in excess of Five Thousand Dollars ($5,000.00) are sub- ject to Council approval. 3. To arrange and determine, by resolution, all of the details of such contracts or money loans which shall meet the requirements of and be subject to the approval of the Common Council. 4. To obtain, from time to time, additional funds for the purposes of this act, Civic Center Authority may, by resolution, authorize a new and supplemental or amended contract for the purpose of obtaining such funds, subject to the approval of the Common Council. 5. To prepare, and it shall be the duty of the Civic Center Authority to prepare, an annual report to the Mayor and Common Council of all receipts and disbursements during each calendar year, and a statement of the balance on hand at the end of such year, and a complete statement of the financial status of the Civic Center for that year. Said annual report shall be submitted to the Mayor and Common Council on or before the first day of March of the following year. 6. To set the date of, and to hold such meetings of the Authority as may be deemed necessary, from time to time. Stated regular meetings shall be held not later than the second Tuesday of each of the months of January, April, July and October of each year. The president of the Authority, or a majority of its living members, by written notice and call, may call a meeting of the Board, at any time, to meet within twenty -four (24) hours of time of the notification of such special meeting, or meetings. 7. To employ bookkeepers, accountants, registered professional engineers and architects and attorneys, and such other experienced help or assistance as may be deemed necessary by the Authority, from time to time, and to pay such employees reasonable compensation, to require any one or more of them to provide a good and sufficient surety bond for the faithful performance of the work or for the pro- tection of the Authority and the city. 8. Establish standards and qualifications for the appoint- ment of all personnel, fix their compensation, and approve their appointments without regard to political considerations. 9. Exercise general supervision of and make regulations for the Civic Center and establish rules governing the use of the Civic Center by the public. 10. Provide police protection for the property and activities of the Civic Center, either by requesting assistance from state, city or county police authorities, or by having specified employees deputized as police officers. Such deputized employees, however, shall not be eligible for police pension benefits or other emoluments of police officers. -3- 11. Sue and be sued collectively by its legal name, "Civic Center Authority "; service of process being had upon the president of the Authority; but no costs shall be taxed against the Authority or its members in any action. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. Member of the rMon 26qncYl Passed April 9, 1973, as amended. -4- f9ummUbt Irport On tke tQommu Maunrtt of tkr @Cttg of Oont4 Wrnd: Your Committee of the Whole to whom was referred AN ORDINANCE ESTABLISHING A CIVIC CENTER AUTHORITY. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable, as amended below: On page 1, Section I, insert "not more then five of whom shall be members of one political party" immediately after the word "members" in the eighth line. On page 1, Section I, No. 2, delete "Mayor" and insert "Council" in the second line. On page 2, Section II, add the following sentence after the word "secretary." in the fourth line: Each of such officers shall hold office for a period of one year and until their successors are elected and qualified. On page 2, Section IV, add the following as a fourth paragraph: The Authority may also submit an annual budget to the Common Council in the same manner as city departments. On page 3, Section V, No. 2, amend last sentence to read: Any mortgages, loans or contracts in excess of $5,000.00 are subject to Council approval. Continued rc cc reess �, rasa s"wc co. On page 3, Section V, No. 5, add the following sentence at the end of the paragraph: Said annual report shall be submitted to the Mayor and Common Council on or before the first day of March of the following year. On page 4, Section VI, delete the words "effective January 1, 1974." Odell Newburn Chairman -2-