09-09-74 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 91 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 442 -74 (CONTINUED) WHEREAS, the laws of this State allow for exceptions to that frozen rate; and WHEREAS, the Common Council of the City of South Bend adopted a budget and tax levy ordinance with a tax rate of $5.10 in good faith reliance on said exceptions; and WHEREAS, said budget and budget ordinance and tax levy and tax levy ordinance are subject to the scrutiny of the Auditor of St. Joseph County, Indiana, the St. Joseph County, Indiana, Board of Tax Adjustment, and the State Board of Tax Commissioners of the State of Indiana, and that any of such constituted authorities, under the powers granted them by statute, could revise', change or reduce such budget, levy and rate as fixed by the Common Council; and WHEREAS, any such revisions, changes or reductions in said budget, levy and rate, could affect the ability of the City Government to carry out its proper governmental functions and responsibilities committed to it by law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that in the event the St. Joseph County, Indiana, Auditor, the St. Joseph County, Indiana, Board of Tax Adjustment, or the State Board of Tax Commissioners of the State of Indiana, shall in any manner, revise, change or reduce such budget, levy or rate, as fixed by the Common Council of the City of South Bend, and by so doing, affect the ability of the City Government to carry out their proper governmental functions, the City Controller, in con- junction with the City's Legal Counsel, or other proper officer of the City, are hereby authorized, on behalf of the City, to institute, process and carry to conclusion all available appeals from any and all of such authorities to the proper appeal authority or authorities, as the case may be, and said City Controller and Legal Counsel are further authorized to file any necessary appeal(s) for relief from the decisions of any such governmental bodies to the State of Indiana Board of Tax Commissioners and the Local Government Tax Control Board of the State of Indiana, and further to file any necessary appeal(s) regarding the frozen tax rate. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth submitted an amended copy of the resolution to the City Clerk, and Councilman Parent made a motion to so amend the resolution, seconded by Councilman Miller. The motion carried. Councilman Parent then made a motion to further amend the resolution to include the words "and further to file any necessary appeal(s) regarding the frozen tax rate" in the last sentence of the last paragraph. Councilman Taylor seconded the motion. The motion carried. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the Council could delay action on the resolution so that the association and public would have a better opportunity to review the matter. Council President Nemeth stated that the Council only had a 30 -day time limit after passage of the budget and he did not feel the Council could afford the delay. Mr. Evans wondered about the wording of the original resolution and the amended resolution. Council President Nemeth stated that the amended resolutio was quite similar to the original resolution except that now the city was requesting that any necessary appeals be filed regarding the frozen tax rate. Mr. Evans asked about the possibility of deleting the phrase regarding appeals from any and all authorities to the proper appeal authority. He felt this issue could be taken to the Supreme Court, and he felt court battles should not have to be supported by the taxpayers in this matter. Council President Nemeth felt this should be the route taken if necessary, and he reminded Mr. Evans that, should any appropria- tions.be needed to take the matter to court, the Council would have to approve such requests. Councilman Parent made a motion to adopt the resolution as amended, seconded by Councilman Newburn, The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING iORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (George F. Burnett Company, Inc.) This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on September 23, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F. Burnett Company, Inc.) This ordinance had first reading. Councilman Parent made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. - ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) -- Northeast corner of Bendix Drive and Lathrop Street. This ordinance had first reading. Councilman Parent made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR (continued)