09-27-71 Council Meeting Minutes

Home Browse Search

REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, FIRST AND SECOND READING (Cont.) RESOLUTION FROM THE BOARD OF PUBLIC WORKS AND SAFETY (Cont.) SEPTEMBER 27, 1971 "assemblies, exhibits, conventions, entertainments, and for recreational and other lawful purposes, governmental and corporate or proprietary, and the remodeling and improvement of such buildings for such purposes, including but not limited to the installation of heating, ventilating and air- condi- tioning equipment; the acquisition, improvement and development of land as a site for a civic center; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of bonds therefor. In order to provide funds for said purposes it will be necessary to authorize, issue and sell bonds of the City of South Bend in an amount not to exceed Two Million Thirty Thousand Dollars ($2,030,000) and I am submitting herewith a form of ordinance drawn for that purpose. Dated this 27th day of September , 1971. Respectfully submitted, /s/ James A. Bickel City Controller The above resolution was read by the City Clerk Kathryn L. Blough. Council President Laven asked the purpose of this resolution. F. Jay Nimtz and Arthur W. Frisk, bond attorneys, said the resolution is introduced in support of a proposed ordinance to authorize a $2,030,000 bond issue, part of which would be used for the purchase of the Palais Royale Building. Councilman Reinke asked what the requirements are so that this can be read, and he questioned the absence. of the petition bearing signatures of taxpayers who want the bond issue. Mr. Nimtz explained that the resolution must be introduced prior to the first reading of the proposed ordinance, and cited State statutes which showed it is not necessary to file the signed petition until the time of the public hearing on the ordinance. Mr. Nimtz further stated that he resented the implication that any subt:etfuge was intended in the filing of this petition. He said there are certain procedures that must be followed and that they have been followed. These are not procedures instigated by the attorneys but by the Administration. He cited the following from Burns Indiana Statutes 64 -1910, Clause (d), "no tax levies or rates to meet the principal and interest of any obligations hereafter issued under clause (d) of section six 64 -1909 hereof shall be made .'. Article 64 -1909 was not readily available and.Councilman Wise made a motion for a brief recess until it could be located. The motion was seconded by Councilman Raymond Zielinski. Motion carried. Time 9:52 P.M. REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the Council Chambers in the County -City Building on a very brief recess, with all members present. President Laven who presided. City of South Bend, Indiana reconvened in the Monday, September 27, 1971 at 9:56 P.M. after The meeting was called to order by Council Mr. Frisk then read from Burns Indiana Statutes 1961, Vol. 11, Part 3, Article 64 -1909, Section (d), "to meet the interest and principal upon any other obligations hereafter issued which in their issuance have been petitioned for and issued in-' accordance with the provisions of this act." Mr. Frisk said, in accordance with the above, this has not been petitioned for as yet. The petition by the 50 signers must be approved by the Council and it can be sub- mitted any time before the ordinance is signed by the Mayor and before any bonds are issued. He said the petition will be submitted first to the Auditor, checked and verified, and then submitted to this Council. Mr. Frisk suggested that, if so desired, the Council could turn this matter into a public hearing as it had been introduced right now before the Council; or set the public hearing for another date. Council President Laven commented that he knew Mr. Feeney in the audience was anxious to speak on this matter and asked for a show of hands whether or not to allow Mr. Feeney to speak at this time. A show of hands indicated 5 ayes and 4 nays and the Chair recognized Mr. F. Gerard Feeney, a South Bend attorney, representing Mr. Patenude and McDonald Studio remonstrating against this particular ordinance. Mr. Feeney introduced Mr. Carl Leibowitz representing Mark's Restaurant. As building tenants, both clien were remonstrating against this proposed ordinance. ORDINANCE, FIRST AND SECOND READING ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF ACQUISITION BY PURCHASE OF CERTAIN IMPROVED REAL PROPERTY, KNOWN AS THE PALAIS ROYALE, FOR USE IN CONJUNCTION WITH THE ADJOINING CITY -OWNED PRO- PERTY KNOWN AS THE CIVIC AUDITORIUM, FOR USE AS AN AUDITORIUM AND A PUB- LIC HALL FOR ASSEMBLIES, EXHIBITS, CONVENTIONS, ENTERTAINMENTS, AND FOR RECREATIONAL AND OTHER LAWFUL PURPOSES, GOVERNMENTAL AND CORPORATE OR PROPRIETARY, AND THE REMODELING AND IMPROVEMENT OF SUCH BUILDINGS FOR SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT: THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER: THE CONSTRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUISITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CONNECTION THEREWITH;