11-13-73 Council Meeting Minutes

Home Browse Search

REGULAR MEETING NOVEMBER 13, 1973 REGULAR MEETING — RECONVENED (CONTINUED) stated that, from a legal point of view, he was requesting that the Council not override the Mayor' veto. He stated that the penalty provision in the ordinance could apply to the Council if it did not comply with the provision that the Council act promptly. He stated that there was also a penalty provision in the ordinance that was contradictory to the statutes. Council President Nemeth stated that he was aware of the penalty clause applying to the Council. He stated that the Council intended to abide by the law. As far as the conflict of the statutes, he stated that it refers to misfeasance and the penalty in the ordinance had to do with failure to perform a duty. Mr. Roemer felt that there were some questions concerning this. Council President Nemeth asked Mr. Roemer why the questions had not been raised at the public hearing rather than at this time. Councilman Miller asked the same question, and he stated that the Legal Department and staff were to advise the Council on the proper ordinances. He wondered where the staff had been when the advice was necessary. Councilman Parent stated that the Council must either override the veto or sustain the veto. He felt that, for the sake of affirming the Council's policy, the veto should be overridden. The Mayor's veto was overridden by a roll call vote of six ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and three nays (Councilmen Serge, Szymkowiak and Horvath). Council President Nemeth indicated that a resolution pertaining to land acquisition for the Civic Center Authority, which was filed on June 6, 1973, should be stricken from the files. He asked f such a motion. Councilman Taylor so moved, seconded by Councilman Miller. The motion carried. Council President Nemeth stated that the St. Joseph County Commissioners were asking for the Council's support on the reinstatement of the twenty -cent tax rate for the Cumulative Bridge Fund. He suggested that a resolution supporting the St. Joseph County Commissioners' efforts be adopted. He read a draft of such resolution as follows: RESOLUTION NO. 397 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING THE COUNCIL'S SUPPORT FOR THE REINSTATEMENT OF THE TWENTY -CENT TAX RATE FOR THE CUMULATIVE BRIDGE FUND. WHEREAS, the Common Council recognizes the urgent need for the repair and building of bridges in (St. Joseph County, including) the City of South Bend; and WHEREAS, the Council believes that a twenty -cent tax rate for the Cumulative Bridge Fund is essential for the proper maintenance and construction of bridges in (St. Joseph County, including) the City of South Bend, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the South Bend Common Council fully supports the efforts of the St. Joseph County Commissioners to reinstate the full twenty -cent tax rate for the Cumulative Bridge Fund. s/ Roger 0. Parent Member of the Common Council Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth requested that the City Clerk send a copy of the resolution to the County Commissioners and to the State Tax Boar( of Commissioners. Councilman Parent indicated that he wished to thank Mr. Barcome and his staff for their help and assistance on obtaining the correct and amended figures on the Waterworks budget. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Parent. The motion carried and the meeting adjourned at 1:24 a.m. ATTEST: CITY CLERK INN .. / +++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +-k_= r_`.' ++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++