10-10-77 Council Meeting Minutes

Home Browse Search

REGULAR MEETING (CONTINUED) OCTOBER 11, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 148 -77 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Roger 0. Parent, made the presentation for the bill. He said this bill has been drafted to amend all of our penalty provisions of the Municipal Code so that they will conform to the new State law. Council Member Adams asked Mr. Brunner if he had an opportunity to review this bill. Mr. Brunner indicated he thought the changes were necessary, however, there will be a rather substantial cost involved in changing the Code. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 150 -77 A BILL AMENDING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, CHAPTER 2, ARTICLE I, ENTITLED "THE COMMON COUNCIL" OF THE MUNICIPAL CODE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Roger 0. Parent, made the presentation for the bill. He said recent State law has changed the procedure for vacancies in elective of- fices, therefore, it is necessary to amend the ordinance. He said this will also change the reports of the standing committees from semi - annual to annual reports. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 151 -77 A BILL AMENDING CHAPTER 14.5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 2 ENTITLED "ACQUISITION OF REAL OR PERSONAL PROPERTY BY THE CITY." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Frank Horvath made the presentation for the bill. He said this bill was introduced to further sound principals of fiscal management when the City desires to acquire real or personal property. He said basically, the bill would implement the procedure set forth by provisions of Indiana law. He said it would require greater cooperation between the Board of Public Works and the Common Council for all property acquired by condemnation, rental or purchase. He said the bill would require that all ordinances for the acquisition of property which total one -half million dollars or more, to be passed by a two -third vote of the Council. He said this would safeguard both present and future taxpayers in our com- munity from bad investments. Mr. Thomas Brunner, City Attorney, indicated that the City Council cannot act to increase State requirements that there only need to be a simple majority to pass a bill. He said that if more than a simple majority is required it could stalemate the Council on simple issues. Mayor Nemeth spoke in opposition of this bill. Council Member Serge indicated he felt this should be tabled until after the utility bills have been handled. He made a motion to table this bill until after the Clay Utilities issue is settled, seconded by Council Member Taylor. Council Member Adams indicated she thoug;_ this bill should be passed. Council Presiden Parent indicated that the Council was required to have six votes to pass the City budget. He sai he would vote for this bill. The motion carried by a vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four ayes (Council Members Kocpzynski, Adams, Hory and Parent). ''There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County - City Building at 5:30 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING ORDINANCE NO. 6231 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO QUO VADIS, INC. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. Council Member Miller made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to continue public hearing and second reading on this bill until October 24, 1977, seconded by Council Member Taylor. The motion carried by a roll call vote of seven ayes and two nays (Counci: Members Szymkowiak and Miller.) BILL NO. 141 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. Council Member Adams made a motion to amend the lease, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Adams made a motion to continue public hearing and second reading on this bill until October 24, 1977, seconded by Council Member Taylor. The motion carried by a roll call vote of seven ayes and two nays (Counci: Members Szymkowiak and Miller.)