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Common Council <br />Civil City of South Bend <br />City Hall <br />South Bend, Indiana <br />Gentlemen: <br />September 9, 1961 <br />An examination of the records and monies available for the operation of the City of South Bend has shown that there <br />is not sufficient cash to operate the city government for the next three months. <br />The monies anticipated to be received from the St. Joseph County Treasurer, which monies have been levied, are not <br />available at this time. These funds are in the process of collection for the fiscal year of 1961, but will not be <br />available in time to pay claims, salaries and wages. <br />I have made a study of this matter and recommend to the Council that an Ordinance be introduced to authorize a <br />temporary loan not exceeding $300,000.00 payable on or before the 15th day of November, 1961. <br />I find it necessary that this action be taken immediately for the proper operation of the South Bend civil city <br />government. <br />Respectfully submitted, <br />/s/ Edwin L. Davies <br />EDWIN L. DAVIES <br />Controller <br />ELD /ad <br />cc: Mayor Frank J. Bruggner <br />Mr. Irving J. Smith <br />Councilman Ladewski made a motion that the communication be accepted and placed on file. Councilman Coleman s <br />the motion. Motion carried. <br />Councilman Muszynski made a motion for suspension of the rules. Councilman Tellson seconded the motion. Motion <br />carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Allen and Glass). The Ordinance was the given <br />third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Allen and Glass). <br />RESOLUTION <br />A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE <br />CITY OF SOUTH BEND, INDIANA, AND THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, <br />INDIANA <br />WHEREAS, The Housing Authority of the City of South Bend, Indiana, entered into a Cooperation Agreement on or about <br />the 11th day of September, 1956, with the City of South Bend, Indiana; and <br />WHEREAS, said Cooperation Agreement was amended on or about the 13th day of August, 1959, which amendment resulted <br />the addition of "Section 10" to said Cooperation Agreement , which provided, in substance, for the repayment to the <br />Public Housing Administration (herein called "PHA ") and to the Municipality, on behalf of the local public bodies <br />involved, contributions made by said PHA and said Municipality to projects constructed by The Housing Authority <br />of the City of South Bend, Indiana; and <br />WHEREAS, The Housing Act of 1961, which became law on June 30, 1961, repealed Section 10 (j) of the United States <br />Housing Act, and which said Section provided for the recapture of contributions made by the PHA and the Municipality; <br />and, <br />WHEREAS, The Public Housing Administration will not make any advances under a preliminary loan contract, or sign a <br />new Annual Contributions Contract unless the Local Authority and the local governing bodies comply with the provis <br />of the New Housing Act of 1961; <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMCN COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: <br />Section 1. That an amendment to the Cooperation Agreement, dated September 11, 1956, between the City of South Bend, <br />Indiana, and The Housing Authority of the City of South Bend, Indiana, as amended on August 13, 1959, is hereby <br />approved in the form set forth hereafter and the Mayor is hereby authorized to execute the same on behalf of the <br />City of:South Bend, Indiana and The Housing Authority of the City of South Bend, Indiana, as amended on August 13, <br />1959, is hereby approved in the form set forth hereafter and the Mayor is hereby authorized to execute the same on <br />behalf of the City and the City Clerk is hereby authorized to affix the Official Seal of the City to said amendment <br />and to attest the same: <br />AMENDMENT NO. <br />TO <br />COOPERATION AGREEMENT <br />This amendatory Agreement entered into this day of , 1961, by and between The Housing Authority <br />of the City of South Bend, South Bend, Indiana, (herein called "Local Authority ") and The City of South Bend, <br />Indiana, (herein called "Municipality "), WITNESSETH: <br />WHEREAS, the Municipality and the Local Authority have entered into a certain Cooperation Agreement dated September <br />11, 1956, and amended August 13, 1959, providing for aid and cooperation in respect to low -rent housing Projects <br />developed and to be developed and operated by the Local Authority with the financial assistance of the Public <br />Housing Administration (herein called "PHA "),and <br />WHEREAS, the aforesaid Cooperation Agreement provides among other things that in respect to any Project for which <br />no Annual Contributions Contract has been entered into prior to August 2, 1954 between the Local Authority and the <br />PHA, the Local Authority would repay to the PHA and the Municipality on behalf of the local public bodies which <br />have contributed to such Project in proportion to the aggregate contribution which the PHA and the local public <br />bodies have made to such Project at the times and from the funds therein described; and <br />WHEREAS, such repayment provisions were required by Sec. 18 (j) of the United States Housing Act of 1937, as added <br />by the Housing Act of 1954 (68 Stat.590, 632) which requirement was repealed effective June 30, 1961 by the Housing. <br />Act of 1961 (75 Stat. 149, 165); and <br />WHEREAS, the Local Authority proposes to undertake the development and operation of one or more additional low -rent <br />housing Projects to be initially covered by one or more annual contributions contracts with the PHA on or after <br />June 30, 1961; and <br />