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REGULAR MEETING NOVEMBER 22, IV /1
<br />REGULAR MEETING - RECONVENED - (Cont.)
<br />ORDINANCES, THIRD READING - (Cont.)
<br />ORDINANCE NO. 5366 -71
<br />AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -262,
<br />"MEDICAL, SURGICAL AND DENTAL IN THE AMOUNT OF $1,000.00,
<br />ACCOUNT P -323, "TIRES AND TUBES" IN THE AMOUNT OF $800.00,
<br />ACCOUNT P -722, "MOTOR EQUIPMENT" IN THE AMOUNT OF $5,800.00,
<br />AND THE TRANSFER OF SAID SUMS FROM ACCOUNT P -12, "SERVICES
<br />PERSONAL ", IN THE POLICE DEPARTMENT BUDGET, ALL BEING WITHIN
<br />THE GENERAL FUND
<br />This ordinance was given third reading. Councilman Reinke made a motion for passage of the
<br />ordinance, seconded by Councilman Zielinski. The ordinance passed by a roll call vote of 9
<br />ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski),
<br />0 nays, 0 absent.
<br />ORDINANCE NO. 5367 -71
<br />AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER
<br />TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND
<br />HITE EQUIPMENT REPAIR, INC., FOR THE PURCHASE OF A CASE
<br />4 -WHEEL RUBBER TIRE LOADER IN THE SUM OF $18,800.00
<br />The ordinance was given third reading. Councilman Craven made a motion for passage of the
<br />ordinance, seconded by Councilman Janet Allen. The ordinance passed by a roll call vote of 9
<br />ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski),
<br />0 nays, 0 absent.
<br />ORDINANCES, FIRST AND SECOND READING
<br />ORDINANCE
<br />AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
<br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, INDIANA (Chapter 40, Municipal Code).
<br />(Southeast Corner of Frances St. & South Bend Ave.)
<br />The following communication from Jack Dunfee, attorney for the petitioners, was read, as follows:)
<br />"Common Council of the City of South Bend November 22, 1971 "
<br />County -City Building
<br />South Bend, Indiana 46601
<br />In re: John M. Morrow and Esther E. Morrow Petition to Rezone Southeast
<br />Corner of Frances Street and South Bend Avenue
<br />Gentlemen and Mrs. Allen:
<br />The subject matter is on your agenda for the regular meeting of the Council for
<br />tonight, November 22, 1971, for the first and second readings of the ordinance and
<br />shown as Item No. 23.
<br />We represent the petitioners and would hereby request that this matter be;con-
<br />tinued by you until the first meeting of the Council in the year 1972. The rea-
<br />sons for this request are as follows:
<br />1. We are not prepared to present all the facts at the public hearing on
<br />this matter.
<br />2. We have not as yet found the reasons for the Area Plan Commission's deci-
<br />sion of November 16, 1971.
<br />3.
<br />We
<br />are
<br />exploring
<br />alternative
<br />sites.
<br />4.
<br />We
<br />are
<br />exploring
<br />alternative
<br />methods of compromise.
<br />Very truly yours,
<br />THORNBURG, McGILL, DEAHL,
<br />HARMAN, CAREY & MURRAY
<br />"JCDjr /yg /s/ Jack C. Dunfee, Jr.
<br />Council President Laven stated this communication had been handed to him just a few minutes
<br />prior to the beginning of this Council meeting and he said that Mr. Dunfee urged the postpone-
<br />ment of the first and second readings of the proposed ordinance until 1972. Mr. Laven asked
<br />City Attorney Shepard J. Crumpacker if such a postponement was possible because of the newly
<br />elected Council taking office on January 1, 1972. Mr. Crumpacker stated there is a 60 -day
<br />period in which action can be taken after a matter is introduced to the Council, but it was his
<br />impression that all pending matters die when this present body adjourns. He stated further that
<br />this does not necessarily mean things will be done the same way in the future. Councilman
<br />Reinke made a motion that the request for postponement by Mr. Dunfee be denied, seconded by
<br />Councilman Janet Allen. Motion failed by a show of hands vote of 3 ayes, 6 nays, 0 absent.
<br />Councilman Grounds made a motion.to accept the request and postpone the first and second readings
<br />until December 13, 1971. The motion was seconded by Councilman Zielinski. Motion carried.
<br />The Clerk was instructed to so advise the petitioners.
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