PROCEEDINGS OF THE COMMON COUNCIL
IN SPECIAL _SESSION
Saturday t MARCH 31 _, 19_79_
CITY OF FORT WAYNR INDIANA
JOURNAL OF THE PROCEEDINGS
OF THE COMMON COUNCIL
The Common Council of the City of Fort Wayne met in the Council
morning
Chambers Saturday March 31 _A.D., 19 79 , i n
_ Special _Session. President Winfield C. Moses, Jfo the chair,
, Charles W. Westerman ni , , , . , „ ,,
and_Clerk, at the desk, present the following
members_viz:
BURNS___, HINGA l ' _, HUNTER___
MOSES_ i__ _, NUCKOLS___, DONALD SCHMIDT
VIVIAN SCHMIDT STIER___, TALARICO_ /
ABSENT_
COUNCILMAN _,
The invocation was given by
Received report from the City Controller for the month of_
19_. Motion made and carried that report be made a matter of record and placed
on file.
The minutes of the last Regular__, 19
_, 19_
Special_, 19
Session having been delivered to the Council, were, on motion, approved and
published.
THE CITY OF FORT WAYNE
CITY-COUNTY BUILDING •' ONE MAIN STREET • FORT WAYNE, INDIANA 46802
PRESIDENT OF THE COMMON COUNCIL
Winfiald C. MosSs, Jr. Councilman Fifth District 323 Northeast Drive 46825
March 1, 1979
Mr. Charles W. Westerman
City Clerk of the City of Fort Wayne, Indiana
City-County Building
One North Main Street'
Fort Wayne, IN 46802
RE: Ordinance No. S-79-02-19
Dear Mr. Clerk:
Please prepare and issue notice to all members of
the Common Council of the City of Fort Wayne, Indiana
advising them as to a special meeting of the Common Council
of the City of Fort Wayne, Indiana to be held on March 31,
1979, at 10:00 o'clock EST. in the Common Council Chambers
of the City of Fort Wayne, for the purpose of consideration
of the final passage of said above numbered Ordinance.
Winfield C. -Moses,' Jr.
President of the Common Council
of the City of Fort Wayne, Indiana
AN EQUAL OPPORTUNITY EMPLOYFR
CALL, CONSENT AND WAIVER OF NOTICE OF A SPECIAL
MEETING OF THE COMMON COUNCIL OF THE CITY OF
FORT WAYNE, INDIANA, TO BE HELD
SATURDAY, MARCH 31, 1979 at 10:00 A.M.
We, the undersigned, being all of the members of the Common Council
of the City of Fort Wayne, Indiana do hereby call a special meeting of said Council
E.S.T. and jointly and severally waive notice of the time, place and purpose of
said meeting and consent that same be held on the aforesaid date for the purpose
placing before Council Bill No. S-79-02-19 — AN ORDINANCE fixing
the salaries and compensation of the elected City Officials of the City
of Fort Wayne, Indiana, for action and passage.
DATED THIS
6th day of March, 1979
CHARLES W. WESTERMAN
CITY CLERK
471
PROCEEDINGS OF THE COMMON COUNCIL
IN REGULAR SESSION
TUESDAY, MARCH 27, 1979
CITY OF FORT WAYNE, INDIANA
JOURNAL OF THE PROCEEDINGS
OF THE COMMON COUNCIL
The Common Council of the City of Fort Wayne met in the Council
Chambers Tuesday evening March 27, 1979, in Regular Session. Vice President
James S. Stier in the chair, and Charles W. Westerman Clerk, at the desk, present
the following members eight viz:
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier,
Talarico
Absent: One
Moses
The invocation was given by Reverend Don McCord - West Creighton
Avenue Christian Church
Friends, Fellow Citizens. A number of us in our South
Cencral Neighborhood have met out of our common
concern with the so-called "Adult Entertainment"
establishments — the Massage Parlors, three very close
to our church building — The Palace, Taylor and
Broadway, the R & R, Broadway and Creighton almost
a small stone's throw from the Emmaus Lutheran facility
directly across the street; and the Magic Fingers, a
bit further south on Broadway.' and the Cinema Blue,
adult theater which offers us opportunities for
titilaticn from late in the morning till early the
next morning.
We have met w ith the Mayor, Chief Buckmaster, City
Attorney and County Prosecutor. We have begun a
campaign to rouse citizen support for increased
effort in police enforcement of the statutes and
ordinances against prostitution and pornography %
472
We have voiced our support of efforts to curtail the
drinking and drugs at the Coliseum and other public
places. We have spoken in favor of the efforts
against street prostitution and gambling. We
believe that the community needs more than our
prayers. It needs our concerned and concentrated
action. It needs the efforts of those entrusted with
decisions in this council, as well as those of us
who preach and work and live and walk in the
neighborhoods of this city.
It is in that spirit, and with this context, that I
pray this evening:
Made a matter of record 3-27-79
Charles W 7 . Westerman
City Clerk
The minutes of the last Regular March 13, 1979, Session having been
delivered to the Council, were, on motion, approved and published.
COMMUNICATION FROM THE MAYOR
March 19, 1979
To the Common Council
Gentlemen and Mrs. Schmidt:
Today, March 19, 1979, I have approved the following ordinances passed by
the Common Council at its regular meeting of March 13, 1979.
(Bill No. S-79-02-26)
SPECIAL ORDINANCE NO. S-39-79
AN ORDINANCE approving an Agreement to Purchase by Arene Laster and Geraldine
Laster
(Bill No. S-79-02-27)
SPECIAL ORDINANCE NO . S-40-79
AN ORDINANCE approving a certain bid document for purchase of materials for
Traffic Engineering Department
473
(Bill No. S-79-02-28)
SPECIAL ORDINANCE NO . S-41-79
AN ORDINANCE approving a certain bid document for purchase of materials for
Traffic Engineering Department
(Bill No. S-79-02-29)
SPECIAL ORDINANCE NO . S-42-79
AN ORDINANCE approving a certain bid document for purchase of materials for
Traffic Engineering Department
(Bill No. S-79-02-30)
SPECIAL ORDINANCE NO . S-43-79
AN ORDINANCE approving a certain bid document for purchase of material for
Traffic Engineering Department
(Bin No. S-79-02-31)
SPECIAL ORDINANCE NO . S-44-79
AN ORDINANCE approving a contract between GT&E Data Services and the City
of Fort Wayne by and through its Department of Public Safety for Fire protection
(Bill No. R-79-03-07)
RESOLUTION NO. R-10-79
A RESOLUTION authorizing payment to various agencies for repair of various
vehicles
(Bill No. R-79-03-08)
RESOLUTION NO. R-ll-79
A RESOLUTION authorizing the temporary advancement of funds from the Park
General Fund No. 121 to the Park Cumlative Building Fund No. 355 for the
period ending June 30, 1979
(Bill No. R-79-03-09)
RESOLUTION NO. R-12-79
RESOLUTION OF THE FORT WAYNE ECONOMIC DEVELOPMENT COMMISSION, FORT
WAYNE, INDIANA AND THE COMMON COUNCIL OF THE CITY OF FORT WAYNE
INDIANA, MARCH 13, 1979
474
(Bill No. R-79-03-10)
RESOLUTION NO. R-13-79
RESOLUTION OF THE FORT WAYNE ECONOMIC DEVELOPMENT COMMISSION, FORT
WAYNE, INDIANA AND THE COMMON COUNCIL OF THE CITY OF FORT WAYNE,
INDIANA, MARCH 13, 1979
(Bill No. Z-79-01-24)
ZONING MAP ORDINANCE NO . Z-10-79
AN ORDINANCE amending the City of Fort Wayne Zoning Map No. R-38
(Bill No. G-79-02-10)
GENERAL ORDINANCE NO . G-06-79
AN ORDINANCE amending certain Sections of Chapter 17 of the Code of the City
of Fort Wayne, Indiana of 1974
(Bill No. S-79-02-40)
SPECIAL ORDINANCE NO . S-45-79
AN ORDINANCE approving a contract for Street Improvement Resolution No.
5823-78, between the City of Fort Wayne, Indiana and Dailey Asphalt Products,
for resurfacing a certain street
(Bill No. S-79-02-36)
SPECIAL ORDINANCE NO . S-46-79
AN ORDINANCE approving City Utilities Purchase Order No. 0842 with Rockwell
Purchase Order No. 0842 with Rockwell International for meters for the Water
Maintenance & Service Department
(Bill No. S-79-02-37)
SPECIAL ORDINANCE NO . S-47-79
AN ORDINANCE approving City Utilities Purchase Order No. 0870 with General
Electric Company for lens for the Street Lighting Department
(Bill No. S-79-02-38)
SPECIAL ORDINANCE NO. S-48-79
AN ORDINANCE approving City Utilities Purchase Order No. 0871 with Walker
Process Division of Chicage Bridge & Iron Company for supplies for the Three
Rivers Filtration Plant
475
(Bill No. S-79-02-39)
SPECIAL ORDINANCE NO . S-49-79
AN ORDINANCE approving a blanket purchase order - City Utilities Purchase Order
No. B-0881 for uniform rental for the Street Department and City Utilities Personnel
Respectfully yours,
Robert E. Armstrong
Mayor
Made a matter of rec ord 3-27-79 Charles W. Westerman
City Clerk
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
12 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the vacation of a dedicated street.
The proposed ordinance is designated as:
BILL NO. G-79-01-25
Respectful^ submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
476
Certified and signed this
12th day of March 1979
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
12 March 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne , Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) street
vacation acted upon by the City Plan Commission at their regular meeting
held February 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. G-79-01-25
2. Intended Use: Vacated right-of-way will be utilized by the
abutting property owners
3. Plan Commission Recommendation: DO PASS with condition
1. Subject to all necessary utility easement.
NOTE: all easements required have been granted and a copy of such
is on file in the Plan Commission Office and attached to the
original ordinance.
If there are any questions with regard to this ordinance, please feel free
to call on us.
477
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
12 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne , Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the vacation of a dedicated street.
The proposed ordinance is designated as:
BILL NO. G-78-06-33 -
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
12th day of March 1979
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
478
The City of Fort Wayne
Office of City Plan Commission
12 March 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne , Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) street
vacation ordinance acted upon by the City Plan Commission at their regular meeting
held July 24, 1978. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. G-78-06-33
2. Intended Use: Vacated right-of-way will be utilized by the
abutting property owners.
3. Plan Commission Recommendation: DO PASS with condition
1. Subject to all necessary utility easements.
NOTE: All easements required have been recorded and a copy of the
GRANT OF EASEMENT is on file in the Plan Commission Office
and attached to the original ordinance.
If there are any questions with regard to this ordinance, please feel free
to call on us. •
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
479
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
12 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the vacation of a dedicate street.
The proposed ordinance is designated as:
BILL NO. G-79-01-10
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
12th day of March 1979
Made a matter of record 3.-27-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
12 March 1979
480
Members of the Common Council
City-County Building
One Main Street
Fort Whyne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) street vacation
ordinance acted upon by the City Plan Commission at their regular meeting
held February 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. G-79-01-10
2. Intended Use: Vacated right-of-way will be utilized by the
abutting property owners
3. Plan Commission Recommendation: DO PASS with condition
1. Subject to all necessary utility easements.
NOTE: all easements required have been recorded and a copy of the
GRANT OF EASEMENTS are on file in the Plan Commission Office
attached to the original ordinance.
If there are any questions with regard to this ordinance, please feel free
to call on us .
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
481
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
19 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the vacation of a dedicated street.
The proposed ordinance is designated as:
BILL NO. G-78-10-31
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
19th day of March 1979
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
19 March 1979
482
Members of the Common Council
City-County Building
One Matin Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) street vacation
ordinance acted upon by the City Plan Commission at their regular meeting
held November 27, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. G-78-10-31
2. Intended Use: Vacated right-of-way will be utilized by the
abutting property owners.
3. Plan Commission Recommendation: DO PASS with condition
1. The dedication of appropriate easements necessary for utility
purposes.
NOTE: All easements required have been recorded and a copy of the Grant
of Easement are on file in the Plan Commission Office and attached
to the original ordinance.
If there are any questions with regard to this ordinance, please feel free
to call on us .
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
483
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 13/79/E and 14/79/E
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
RETURN CERTIFICATE
(Regulatory Resolution No. 13/79/E &
14/79/E)
I hereby certify that I did this 15th day of March, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 13/79/E and 14/79/E of the Board of Public Safety of the City of Fort
Wayne,' duly certified by me as Chairman of said Board, in accordance with
the provisions of Section 17-4 (a) of Chapter 17, Municipal Code of the City
of Fort Wayne, Indiana 1946, as amended by General Ordinance G-55 adopted
FEB. 14, 1961
Terry Coonan
Chairman
484
REGULATORY RESOLUTION NO . 13/79/E
(Adopted March 15, 1979 )
WHEREAS , Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions, and,
WHEREAS , a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to Renew and Extend
Regulatory Resolution 6/79/E: STOP INTERSECTION (EMERGENCY) DELETE:
PREFERENTIAL INTERSECTION (EMERGENCY) AND ,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 13, 1979 , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective March 15, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
STOP INTER.SECTION _ (EMERGENCY)
Barthold St. —stop— for Third St.
DELETE:
PREFERENTIAL INTERSECTION(EMERGENCY)
Third St.
—preferential—
at Barthold St.
485
REGULATORY RESOLUTION NO. 14/79/E
(Adopted March 15, 1979 )
WHEREAS, Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions; and,
WHEREAS , a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to THRU STREET
(EMERGENCY) AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 14, 1979 , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 19-74 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective March 15, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
THRU STREET_(EMERGENCY)
Vance Ave.
Parnell Ave. to East City Limits except
at Parnell Ave., Crescent Ave. , Anthony
Blvd. , Hobson rd. , Coliseum Blvd. , Reed
Rd., and Rockwood Dr.
—from—
486
RETURN CERTIFICATE
(Regulatory Resolution No. 15/79/D)
I hereby certify that I did this 16th day of March, 1979,
deliver to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 15/79/D of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17--4of Chapter 17 , of the Code of the City of Fort Wayne, Indiana
1974.
Terry Coonan
Chairman, Board of Public Safety
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 15/79/D
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 3-27-79
Charles W 7 . W 7 esterman
City Clerk
487
REGULATORY RESOLUTION NO . 15/ 79/D
(Adopted March 16, 1979)
WHEREAS, Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make regulations
to carry out its delegated authority thereunder; and,
WHEREAS, Section 14 of said chapter delegates to this Board authority
to PREFERENTIAL INTERSECTION (DELEGATED); and,
WHEREAS, the City Traffic Engineer has, by written memorandum
dated March 15, 1979.submitted to this Board his advice with regard
to the regulation hereinafter adopted, which written memorandum is on file in
the office of this Board:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
That, pursuant to the authority delegated to this Board by Section
14 of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974, it is hereby
ordered, effective March 16, 1979, and when signs are erected pursuant
hereto giving notice thereof, that the FOLLOWING IS ESTABLISHED:
PREFERENTIAL INTERSECTION_ (DELEGATED)
Amulet Dr. —preferential— at Chantilly Dr.
Exeter Dr. —preferential— at Amulet Dr.
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 16/79/D
488
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
RETURN CERTIFICATE
(Regulatory Resolution No. 16/79/D)
I hereby certify that I did this 20ih day of March, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 16/79/D of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana 1974.
Terry Coonan
Chairman, Board of Public Safety
REGULATORY RESOLUTION NO . 16/79/D
(Adopted March 20, 1979)
WHEREAS , Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make regulations
to carry out its delegated authority thereunder; and,
WHEREAS, Section 121 of said chapter delegates to this Board authority
to NO PARKING (DELEGATED ) and ,
489
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 16, 1979, submitted to this Board his advice with regard
to the regulation hereinafter adopted, which written memorandum is on file in
the office of this Board:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
That, pursuant to the authority delegated to this Board by Section
121 of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974, it is hereby
ordered, effective March 20, 1979, and when signs are erected pursuant
hereto giving notice thereof, that the FOLLOWING IS ESTABLISHED:
NO PARKING_(DELEGATED)
Creighton St. —north side— from Anthony Blvd. to 140 ft.
east thereof
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 17/79/E
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 3-27-79
Charles W. Westerman
City Clerk
490
RETURN CERTIFICATE
(Regulatory Resolution No. 17/79/E)
I hereby certify that I did this 21st day of March, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 17/79/E of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana
1974.
Terry Coonan
Chairman , Board of Public Safety
REGULATORY RESOLUTION NO . 17/79/E
(Adopted March 21 , 1979 )
WHEREAS , Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions: and,
WHEREAS, a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to NO PARKING
(EMERGENCY) AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 19, 1979, , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective March 21, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
NO PARKING _ (EMERGENCY)
Eade Ave. —east side—
from East State Blvd. to 150 ft. north
thereof (to alley)
491
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 18/79/E & 19/79/D
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 3-27-79 Charles W. Westerman
City Clerk
RETURN CERTIFICATE
(Regulatory Resolution No. 18/79/E &
19/79/D)
I hereby certify that I did this 26th day of March, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 18/79/E & 19/79/D of the Board of Public Safety of the City of Fort Wayne,
duly certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana
1974.
Terry Coonan
Chairman , Board of Public Safety
492
REGULATORY RESOLUTION NO . 18/79/E
(Adopted March 26, 1979 )
WHEREAS, Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions; and,
WHEREAS, a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to RENEW & EXTEND
REGULATORY RESOLUTION 8/79/E: 90 MINUTE PARKING 8 A.M. to 6 P.M.
(EMERGENCY) AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 22, 1979 , , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective March 26, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
90 MINUTE PARKING 8 A ,M . to 6 P ,M. _ (EMERGENCY)
Kensington Blvd. —east side— from Forest Ave. to 150 ft. So. thereof
Kensington Blvd. —west side— from Forrst Ave. to 190 ft. So. thereof
REGULATORY RESOLUTION NO. 19/ 79/D
(Adopted March 26, 1979)
WHEREAS, Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make regulations
to carry out its delegated authority therem-iri^r- and,
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WHEREAS, Section 122 of said chapter delegates to this Board authority
to TRUCK LOADING ZONE (DELEGATED); and,
WHEREAS, the City Traffic Engineer has, by written memorandum
dated March 23, 1979.submitted to this Board his advice with regard
to the regulation hereinafter adopted, which written memorandum is on file in
the office of this Board:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
That, pursuant to the authority delegated to this Board by Section
122 of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974, it is hereby
ordered, effective and when signs are erected pursuant
hereto giving notice thereof, that the FOLLOWING IS ESTABLISHED:
TRUCK LOADING ZONE_(DELEGATED)
Superior St. —north side— from 20 ft. west of Van Buren to
20 ft. west thereof
RATIFICATION AND APPOINTMENT TO THE
P.T.C. COMMISSION BY COMMON COUNCIL
OF FORT WAYNE , INDIANA
March 13, 1979
Common Council Regular Session
Council Chambers
The Common Council of the City of Fort Wayne, Indiana held on the above date
during the Regular Session of the Common Council an election to appoint
a member to the P.T.C. Commission.
Common Council placed the names of Phyllis Crill and Thomas Guthrie for
nomination.
Phyllis Crill was duly appointed by the Common Council to the Fort Wayne P.T.C.
Commission.
Charles W. Westerman
City Clerk
Made a matter of record 3-27-79
Charles W. Westerman
City Clerk
494
BILL HO. S-79-03-22
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0914 with Asphalt
Maintenance , Inc. for pavement restoration
for the Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilties Purchase Order No. 0914, dated
March 5, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Asphalt Maintenance, Inc. ,
for:
restoration of approximately 800 asphaltstreet cuts
made by the Water Maintenance and Service Department
in the process of water main work being done, size of
the cuts unknown,
all as more particularly set forth in said Purchase Order, which is on file in the
Office of the Department of Purchasing and is by reference incorporated herein
and made a part hereof, be and the same is in all things ratified, confirmed and
approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Bunrs, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
495
BILL NO. S-79-03-23
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0935 with Hefner
Chevrolet, Inc. and City Utilities
Purchase Order No. 0936 with Hoosier
Truck Equipment, Inc. for vehicles for
the Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0935, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hefner Chevrolet, Inc. , for:
One 1979 one ton pick up with bed in amount of $5,776.00
and two 1979 one ton pick ups, cab and chassis only in
amount of $10,035.00, for Water Maintenance & Service
Department,
at a total cost of $15,810.00, all as more particularly set forth in said
Purchase Order, which is on file in the Office of the Department of Purchasing and
is by reference incorporated herein and made a part hereof, be and the same is in
aH things ratified, confirmed and approved.
SECTION 2. That City Utilities Purchase Order No. 0936, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hoosier Truck Equipment,
Inc. , for:
Two utility bodies for mounting on the above two pick ups
purchased from Hefner Chevrolet, Inc.,
at a cost of $3,352.00, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things ratified,
confirmed and approved.
SECTION 3. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-24
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0931 with Hersey
Meter Compan}?- for equipment for the
Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0931, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hersey Meter Company,
for:
- Water meter supplies and replacement parts for use
by the Water Maintenance & Service Department,
at a cost of $3,537.90, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
b Y Hinga > and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
497
BILL NO. S-79-03-25
SPECIAL ORDINANCE NO. S-
AN ORDINANCE approving a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 134-78, Victoria Park Addition.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 134-78,
for the installation of ornamental street lighting
in Victoria Park Addition,
for a total cost of $14,069.80, which will be paid under Barrett Law, all as more
particularly set forth in said contract which is on file in the Office of the Board
of Public Works and is by reference incorporated herein and made a part hereof,
be and the same is in all things hereby ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hinga > and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
498
BILL NO. S-79-03-26
SPECIAL ORDINANCE NO. S-
AN ORDINANCE approving' a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 135-78, East Central Phase III & IV
Impact Area.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, becween
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 135-78,
for the installation of ornamental street lighting
for East Central Phase III & IV Impact Area,
for a total cost of $25,344.10, which will be paid by Community Development and
Planning funds, all as more particularly set forth in said contract which is on file
in the Office of the Board of Public Works and is by reference incorporated herein
and made a part hereof, be and the same is in all things hereby ratified, con¬
firmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79 Charles W. Westerman
City Clerk
499
BILL NO. S-79-03-27
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 132-78, Devonshire Drive.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 132-78, for
the installation of ornamental street lighting on
Devonshire Drive,
for a total cost of $6,593.60, which will be paid under Barrett Law, all as more
particularly set forth in said contract which is on file in the Office of the Board of
Public Works .and is by reference incorporated herein and made a part hereof, be
and the same is in all things hereby ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
500
BILL NO. S-79-03-28
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving a contract for
Water Contract No. 78-XP-3, between
the City of Fort Wayne, Indiana and
North Eastern Construction Company,
for construction of water main
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works and North Eastern Construction Company, for:
construction of a 16" water main along Rothman Road
from Meri-Wood Drive eastward 1000^ LF, in Tanbark,
Section I,
under Board of Public Works Water Main Contract Agreement No. 78-XP-3, at a
total cost of $24,117.50, all as more particularly set forth in said contract which
is on file in the Office of the Board of Public Works and is by reference incorporated
herein and made a part hereof, be and the same is in all things hereby ratified,
confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
501
BILL NO. S-79-03-29
SPECIAL ORDINANCE NO. S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0915 with Siebold-Priee
Tree & Landscaping Co., Inc. and City
Utilities Purchase Order No. 0920 with
D & J Lawn Service for sod restoration for
the Water Maintenance & Service Department.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0915, dated
March 5, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Siebold-Price Tree & Land¬
scaping Co. , Inc. , and City Utilities Purchase Order No. 0920, dated March 5,
1979, between the City of Fort Wayne, by and through the City Utilities Purchasing
Agent and the Board of Public Works and D & J Lawn Service, for:
sod restoration necessary as result of water hydrant
repair/installation being done by the Water Maintenance
& Service Department, each landscaping company to do
approximately 500 restorations,
all as more particularly set forth in said Purchase Orders, which are on file in
te Office of the Department of Purchasing and are by reference incorporated herein
and made a part hereof, be and the same are in all things ratified, confirmed and
approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Hineca » and dul Y adopted, read the second time by title and referred
to the Committee on City Utilities
Charles W. Westerman
City Clerk
Date: 3-27-79
502
BILL 140. S-79-03-30
SPECIAL ORDINANCE NO. S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0948 with Cambridge
Memories, Inc. for Computer Memory
Equipment in Data Processing Department.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0948, dated
March 16, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Cambridge Memories, Inc. ,
for:
The purchase of add on computer memory (already installed
on lease, stabilized and functioning reliably) in Data
Processing Department,
at a cost of $26,634.50, all as more particularly set forth in said Purchase Order',
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified , confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
b Y Hinga * and dul Y adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 3-27-79
Charles W. Westerman
City Clerk
503
BILL NO. G-79-03-17
GENERAL ORDINANCE NO . G-
AN ORDINANCE amending General Ordinance
No. G-97 by authorizing the vacation of a
certain alley
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. Petition for the vacation of a certain alley having been
filed with the Fort Wayne City Plan Commission in accordance with Section 44,
Chapter 174, of the Acts of the General Assembly of the State of Indiana, as amended
by Section 3, Chapter 385, of the Acts of 1963 of the General Assembly of the State
of Indiana (I.C. 18-7-5-46) , the Thoroughfare Plan as set forth in General Ordinance
No. G-97 adopted by the Common Council of the City of Fort Wayne on November
26, 1963, is amended by deleting the following alley, to wit:
Running East and West between Catalpa Street on the
West and Bright Street on the East, and on the
North by the South line of lots 448 through 455 of
Third Commerical Addition to the City of Fort Wayne,
and on the South by the North line of lots 426 through
433 of Third Commercial Addition to the City of Fort
Wayne according to the recorded plat thereof and here¬
inafter referred to as the alley.
SECTION 2. After passage of this Ordinance, approval by the Mayor
and legal publication, a duly certified copy of this Ordinance, of the recommendation
of the Fort Wayne City Plan Commission, and of the action of the Mayor, shall be
transmitted by the City Clerk to the Board of Public Works of the City of Fort
Wayne, Indiana.
SECTION 3. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the first time in full and on motion by Nuckols, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on Regulations and the City Plan Commission for recommendation
Date: 3-27-79
Charles W. Westerman
City Clerk
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BILL NO. G-79-03- 20
GENERAL ORDINANCE NO. G-_
AN ORDINANCE regarding Historic Preservation
District and amending Chapter 33 of the Code
of the City of Fort Wayne, Indiana, 1974.
BE IT ORDAINED 3Y THE COMMON COUNCIL OF THE CITY OF FORT WAYNE,
INDIANA:
SECTION 1. That Article VI, Chapter 33, of the Code of the City of
Fort Wayne, Indiana, of 1974, be and the same is hereby amended to be and
read as follows:
ARTICLE VI - HISTORIC PRESERVATION DISTRICT
This district is an overlay district and may be established in addition to the
underlying districts and shall place additional regulations upon the prooerty
located therein.
SECTION 39. PURPOSES
In order to promote the economic and general welfare of the citizens of Fort |
Wayne and to insure the harmonious, orderly and efficient growth and develop¬
ment of the municipality, it is deemed essential by the City of Fort Wayne
that the qualities relating to the history of the City and a harmonious outward
appearance of structures which support and enhance property values and attract
residents be preserved. Some of these qualities are the continued existance
and preservation of historic areas and buildings, the continued construction,
reconstruction, and remodeling of buildings in the historic styles and a
aeneral harmony as to style, form, proportion, texture and material between
the buildings of historic design and those of more modern design. This
purpose is advanced through the preservation and protection of the historically
or architecturally worthy structures which impart a distinct aspect to the
City and which serve as visible reminders of the historic heritage of the City.
An Historic District shall apply to the parcel(s) so designated and any
structure(s) or appurtenances found thereon. Although this ordinance does not
directly relate to the procedures for designation of a structure or area on
the National Register of Historic Places, coordination between this ordinance
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and the National Register's procedures is strongly encouraged.
SECTION 40. DEFINITIONS
1. Review Soard - Fort Wayne Historic Preservation Review Board
2. Certificate of Appropriateness - A certificate issued by the Zoning
Enforcement Officer stating that the occupancy, use or alteration of land,
building or structure in a Historic District referred to therein complies
with the provisions of this chapter.
3. Commission - Fort Wayne City Plan Commission
4. Demo!ition - The razing of any exterior architectural feature or structure,
including its ruin by neglect of necessary maintenance and repairs, or
either.
5. Demolition Permit - A permit which authorizes the razing of any exterior
architectural feature or structure.
6. Economically Unfeasible - A cost in excess of anticipated return, consider¬
ing all viable alternatives.
7. Emergency Repair - Replacement of any external component of a primary
structure, which if delayed could cause severe damage to the other
components of the structure or which would prohibit adequate protection
from the weather elements and thus jeopardize the health, welfare or safety
of the occupants.
8. Form - The shape and structure of something as distinguished from its
material.
g. Historic District - Any landmark, site or area designated by the City
Council which contains any physical features or improvements or both
which are of historical, social, cultural, architectural or aesthetic
significance. For an historic designation outlining a distinctive
section or landmark, a majority of principal structures must be a minimum
of fifty (50) years of age.
IQ. Improvement - Any place, structure, building, fixture, or man-made object
which in whole or part constitutes a visually significant exterior
physical betterment, adornment, or enhancement of any real property.
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Landmark - Any physical feature or improvement designated by the City
Council as such, which in whole or part has historical, social, cultural,
architectural, or aesthetic significance to the City and has been in
existence for no fewer than fifty (50) years.
12. Material - Matter that has qualities which give it individuality and by
which it may be catergorized.
13. Overlay District - A district which imposes requirements in addition to
the regulations of the underlying zoning district.
14. Physically Unfeasible - Lack of existence of labor, material and/or
techniques to perform the work.
15. Planning Department - The Department of Community Development and Planning
or such person authorized.
Proportion - Harmonious relation of parts to each other or the whole.
17. Site Improvement - All or any of the landscaping, planting, paving, steps,
fencing, masonry walls, and other significant attributing features on the
site of any structure.
Style - A manner of expression characteristic of an individual, oeriod,.
school or nation.
Texture - The visual or physical surface characteristics and appearance of
a structure.
SECTION 41. CREATION OF THE HISTORIC PRESERVATION REVIEW BOARD.
A. The Review Board shall consist of seven (7) members. The voting members
shall be appointed by the Mayor of the City of Fort Wayne. Two members
must have Indiana architectural certification; one member shall be a
licensed real estate broker; one member shall be a contractor licensed
by the Fort Wayne/Allen County Building Department, one member shall be
appointed from the City Plan Commission, and two members shall he chosen
from the comnunity-at-1arge. Voting members shall each serve for
staggered terms of three (3) years; however, the initial terms of members
may be for one (1) year, two (2) years, or three (3) years in order for
the terms to be staggered. A vacancy snail be filled through appointment
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by the Mayor for the duration of the unexpired term. No members shall be
employed by the City of Fort Wayne. Members must be residents of the City
of Fort Wayne who are interested in the preservation and development of
historic buildings and areas.
B. Members of the Review Board shall serve without compensation but shall be
paid for reasonable expenses incurred in the performance of their duties.
C. The Review Board shall elect from its membership a Chairperson, Vice-
Chairperson and Secretary who shall serve for one (1) year and v/ho may
be reelected. The Review Board shall adopt rules for the transaction of
its business not inconsistent with this Section. The rules must include
the time and place of regular meetings and a procedure for the calling of
special meetings. All scheduled meetings of the Review Board must be open
to the public and a public record shall be kept of the Review Board's
resolutions, proceedings, and actions. The secretary shall be respon¬
sible for the maintenance of the Review Board's records.
D. Any official action of the Review Board requires a consensus of a majority
of the members. For the Review Board to take action a quorum of
four (4) members must be present.
E. The Review Board shall hold regular meetings, at least monthly, except
when it has no business.
F. Each official of the governmental unit who has responsibility for building
inspection, building permits, planning, or zoning shall provide such
technical, administrative and clerical assistance as may he requested by
the Review Board.
SECTION 42. ESTABLISHMENT ADD REGULATION OF HISTORIC PRESERVATION DISTRICTS
A. If the City Council finds that an area of land is historically significant
and is suitable for preservation, they may establish such area by
ordinance as an Historic Preservation Landmark, Site or Area. In the
absence of provisions to the contrary in the ordinance creating any such
area, all regulations of the underlying district within which such area is
situated shall continue to apply; however, it is recoqnized, that in order
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to preserve and protect historic areas, it may be necessary to reaulate
such area with provisions different from those which would-normally apply
in the underlying district.
Amendments may be initiated by a petition from the Plan Commission, or by
the owners of 50" or more of the area involved in the petition. Petitions
shall be filed in the Planning Department on the form prescribed by the
Plan Commission.
Upon receipt by the Review Board, such application shall be forwarded to
the Planning Department, which shall investigate the property which is the
subject of such application and shall prepare a written report for the
Review Board.
At the next regularly scheduled meeting of the Review Board following its
receipt of the Planning Department's report, such application shall be con¬
sidered by said Review Board, which shall recommend to the Plan Commission
within 180 days:
(1) that such application be aoproved as submitted or as modified
by that Review Board, or,
(2) that action be deferred, or,
(3) that such application shall be denied.
The Plan Commission shall hold a public hearing on such petition and
recommendation by the Review Board. At least ten (ID), days prior to the
date set for such hearing, the Plan Commission shall publish in a newspaper
of general circulation in the City, a notice of time and place of such
hearing. Following such hearing the Plan Commission shall consider such
petition and shall recommend to the City Council:
(1) that such petition be approved, as submitted or as modified
by the Plan Commission, or,
(2) that action be deferred, or,
(3) that such petition be denied.
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F. Thereafter, an ordinance relative to such petitions shall be prepared and
submitted to the City Council, which shall proceed with the consideration
of such proposed ordinance in the same manner and subject to the same vot¬
ing requirements as would apply in the case of an ordinance to rezone land,
■ provided that the City Council may amend such proposed ordinance prior to
its adoption in any manner it may deem necessary to accomplish the purposes
of this Section. •
SECTION 43. CERTIFICATES OF APPROPRIATENESS.
A. In historic districts, no exterior portion of any structure, (including
walls, fences, light fixtures, colors, steps and parking lots or other
appurtenant features) utility or sign, shall be erected, altered,
restored, moved or demolished until an application for a certificate of
Appropriateness has been submitted to and approved by the Review Board.
8. Unless a threat to life or property exists, no City/County Building
Department shall issue any permit for the purpose of construction,
alteration, relocation or demolition in an historic district without a
Certificate of Appropriateness.
C. In cases where emergency repair of historic structures is necessary, such
work may be performed prior to the issuance of a Certificate of Appro-
Driateness. The City/County Building Department determines that a need
for an emergency repair exists. The applicant must apoly for a Certifi¬
cate of Appropriateness within thirty (30) days of the issuance of the
temporary repair permit by the Planning Department.
D. Nothing in this Section shall prevent the ordinary maintenance or repair
of any exterior feature in an historic district which does not involve a
change in design, material, color or outer appearance thereof.
E. An application for a Certificate of Appropriateness shall be filed in the
Planning Department on the form prescribed by the Review Board. Within
ten (10) days of receipt, such application shall be forwarded to the
Review Board for consideration. The Review 3oard or Plannina Department
may require submission of such reports and exhibits as are reasonably
necessary in making a determination as to appropriateness. For construe-
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tion, alteration or renovation in historic districts, the Review Board
shall consider an application for a Certificate of Appropriateness within
forty-five (45) days following the receipt of the application.
For demolition within an historic district such application for a
Certificate of Appropriateness shall be filed with the Planning Department
on the form prescribed by the Review Board. Within ten (10) days of
receipt, such application shall be scheduled with the Review Board for
consideration. The Review Board or Planning Department may require
submission of such reports and exhibits as are reasonably necessary in
making a determination as to appropriateness. A demolition permit shall
not be issued until the Review Board takes one of the following actions:
(1) If preservation is found to be physically or economically
unfeasible, the Review Board shall authorize issuance of a
demolition permit.
(2) If preservation is found to be physically or economically
feasible, the Review Board shall delay such action for a oeriod
not to exceed one (1) year, during which time it shall take
whatever public or private action is within its power leading
to preservation.
If after sixty (60) days the Review Board has not taken final action,
the City/County Building Department may treat such application as though
demolition has been authorized by the Review Board.
Anneals from decisions as to the issuance of Certificates of Anpropriate-
ness or Demolition permits shall be to the Board of Zoning Anpeals, in
accordance with Article IV of this Ordinance.
SECTION 44. PRE-EXISTING HISTORIC DISTRICTS
In accordance with this section the original amended maps shall designate
previous Historic Districts approved by City Council as part and subject to
this ordinance.
SECTION 45. APPEALS PROCEDURE
The procedure for anpeals to this article shall follow Article
ordinance.
IV of this
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SECTION 46. ENFORCEMENTS
The procedure for enforcement of this article shall follow Article III,
Section 28, of this ordinance.
SECTION 2. That this ordinance shall be in full force and effect
from and after its passage, approval by the Mayor and due legal publication
thereof.
Jo hn Nuckols _
Councilman
Read the first time in full and on motion by Nuckols,
seconded by Hinga , and duly adopted, read the
second time by title and referred to the Committee on
Regulations and to the City Plan Commission for
recommendation
Date: 3-27-79 Charles W. Westerman
City Clerk
512
BILL JjsfO. Z-79-03-18
ZONING MAP ORDINANCE NO. Z-
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. L-2
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated a
B-3B District under the terms of Chapter 33, Municipal Code of the City of Fort
Wayne, Indiana, 1974; and the symbols of the City of Fort Wayne Zoning Map No.
L-2, referred to therein, established by Section 33-11, of said Chapter are hereby
changed accordingly , to wit:
The west half of lot numbered 54 in Bond's Third
addition to the City of Fort Wayne , except the
South 74 feet thereof and the south 74 feet of
the west half of lot numbered 54 in Bonds Third
Addition to the City of Fort Wayne, according to
the recorded plat thereof, a/k/a 1417 Martin
Street. ALSO, the east half of lot numbered 54
in Bond's Third Addition to the City of Fort
Wayne, according to the recorded plat thereof.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the first time in full and on motion by Nuckols, seconded
^7 Hinga > an d duly adopted, read the second time by title and referred
to the Committee on Regulations and to the City Plan Commission for recommendation
Date: 3-27-79
Charles W. Westerman
City Clerk
513
BILL NO. Z-79-03-19
ZONING MAP ORDINANCE NO . Z-
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. J-26
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated a
R3 District under the terms of Chapter 33, Municipal Code of the City of Fort Wayne,
Indiana, 1974; and the symbols of the City of Fort Wayne Zoning Map No. J-26,
referred to therein, established by Section 33-11, of said Chapter are hereby
changed accordingly, to wit:
The south 350 feet of a tract of land described as the
South Half of Lot #3 and Lot #6, and Lots #4 and #5
in Archer's Out Lots, lying east of the 60-foot wide
Indiana & Michigan Electric Company right-of-way to
and including the centerline of the Harris Road.
„ SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the first time in full and on motion by Nuckols, seconded
by Hinga , and duly adopted, read the second time by title and referred
to the Committee on Regulations and to the City Plan Commission for recommendation
Date: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-03-21
ZONING MAP ORDINANCE NO . Z-
AN ORDINANCE amending the City of Fort Wayne
Zoning Map No. M-38 and Repealing Zoning Map
Ordinance No. Z-15-78.
514
WHEREAS, there appears to be a scrivenor’s error in the legal
description in Zoning Map Ordinance No. Z-15-78 which should be corrected.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE, INDIANA:
SECTION 1. Zoning Map Ordinance No. Z-15-78 amending Zoning Map
No. Mi-38 is hereby repealed.
SECTION 2. That the area described as follows is hereby designated
a B-l-B District, under the terms of Chapter 33, Municipal Code of the City of
Fort Wayne, Indiana, 1974; and the symbols of the City of Fort Wayne Zoning Map
No. Mr38, referred to therein, established by Section 33-11, of said Chapter are
hereby changed accordingly, to wit:
Part of the East Half of the Southeast Quarter of Section
14, Township 31 North, Range 12 East in Allen County,
Indiana, more particularly described as follows:
Beginning at a point on the South line of the East Half
of the Southeast Quarter of Section 14, Township 31 North,
Range 12 East, said point being 715 feet West of the
Southeast corner of the East Half of the Southeast Quarter
of Section 14-31-12; thence North and parallel to the East
line of the East Half of the Southeast Quarter of Section
14-31-12 a distance of 290 feet; thence West and parallel
to the South line of the East Half of the Southeast Quarter
of Section 14-31-12 a distance of 257.7 feet; thence South
290 feet to a point on the South line of the East Half of
the Southeast Quarter of Section 14-31-12, said point being
972.5 feet West of the Southeast corner of the East Half of
the Southeast Quarter of Section 14-31-12; thence East along
the South line of the East Half of the Southeast Quarter of
Section 14-31-12 a distance of 257.6 feet to the point of
beginning, containing 1.714 acres and being subject to all
legal roads and highways.
SECTION 3. That this Ordinance shall be effective upon passage,
approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
515
Read the first time in full and on motion by Nuckols, seconded
by Hinga » and duly adopted, read the second time by title and referred
to the Committee on Regulations and the City Plan Commission for recommendation
Date: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. A-79-03-01
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
appropriating funds from General Fund No. 010 to the Unemployment Compensation
Account of the 1979 Budget of the City Controller have had said Ordinance
under consideration and beg leave to report back to the Common Council
that said Ordinance DO PASS
Vivian G. Schmidt
William T. Hinga
James S. Stier
John Nuckols
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. A-79-03-01
APPROPRIATION ORDINANCE NO. A-03-79
AN ORDINANCE appropriating funds from
General Fund No. 010 to the Unemployment
Compensation Account of the 1979 Budget
of the City Controller
WHEREAS, an EMERGENCY exists for the appropriation of additional
funds to the Unemployment Compensation Account of the 1979 budget of the City
Controller, for which funds are available in the unappropriated and unobligated
balance of the General Fund (General Fund No. 010), which additional appropriation
has been recommended by the City Controller;
NOW THEREFORE , BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE, INDIANA:
516
SECTION 1. That the following amount is hereby appropriated from
the unappropriated and unobligated balance of the General Fund (General Fund
No. 010) to the following account in the 1979 budget of the City Controller:
ACCOUNT NO. AMOUNT
010-002-4623 $52,000.00
SECTION 2. That the unappropriated and unobligated balance of the
General Fund (General Fund No. 010) is hereby reduced in the amount of $52,000.00 .
SECTION 3. That this ordinance shall be in full force and effect upon
passage and approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Appropriation Ordinance No. A-03-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the.hour
517
of 3: 00 o'clock P.IVI. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. A-79-03-02
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
appropriating additional funds from the Aviation General Fund No. 120 to the 1979
Budget of the Board of Aviation Commissioners have had said Ordinance under
consideration and beg leave to report back to the Common Council that said
Ordinance DO PASS
Vivian G. Schmidt
William T. Hinga
James S. Stier
John Nuckols
Donald J. Schmidt
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. A-79-03-02
APPROPRIATION ORDINANCE NO. A-04-79
AN ORDINANCE appropriating additional
funds from the Aviation General Fund
No. 120 to the 1979 Budget of the Board
of Aviation Commissioners
WHEREAS an EMERGENCY exists for the appropriation of additional
funds to the 1979 budget of the Board of Aviation Commissioners, for which adequate
funds exist in the Aviation General Fund No. 120, and which additional appropriation
has been recommended by the City Controller.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE, INDIANA:
SECTION 1. That there is hereby appropriated from the unappropriated
518
and unobligated balance of the Aviation General Fund No. 120 to Account No.
4-02-120-01-4711 "Buildings and Fixed Equipment" of the 1979 Budget of the
Board of Aviation Commissioners, the sum of $39,000.00 for payment of architectural
fees for the Schematic Phase and Design Development Phase of the Baer Field
terminal expansion.
SECTION 2. That the unappropriated and unobligated balance of the
Aviation General Fund No. 120 is hereby reduced in the amount of $39,000.00.
SECTION 3. That this ordinance shall be in full force and effect upon
passage and approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Couneilwoman
Read the third time in full and on motion by V. Schmidt seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Na y S : None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Appropriation Ordinance No. A-04-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne-, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 0(1 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
519
BILL NO. A-79-03-03
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
appropriating funds from General Fund No. 010 to set up department in General
Fund No. 010-123-4111 "Salaries" have had said Ordinance under consideration
and beg leave to report back to the Common Council that said Ordinance DO
PASS
Vivian G. Schmidt
William T. Hinga
James S. Slier
John Nuckols
Donald J . Schmidt
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. A-79-03-03
APPROPRIATION ORDINANCE NO . A-05-79
AN ORDINANCE appropriating funds from
General Fund No. 010 to set up department
in General Fund No. 010-123-4111 "Salaries"
WHEREAS, an EMERGENCY has arisen which makes necessary the
appropriation of additional funds to set up department in General Fund No. 010-123-4111
"Salaries" in the amount of $34,000.00, due to an error made in Redevelopment General
Fund on Line 6 of 12-Line Statement, for whi«h adequate funds exist in General Fund
No. 010 and additional appropriations have been recommended by the City Controller.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF FORT WAYNE, INDIANA:
SECTION 1. That there is hereby transferred from the unappropriated
and unencumbered balance of the General Fund No. 010, to General Fund No.
010-123-4111 "Salaries", the amount of $34,000.00.
SECTION 2. That the unappropriated and unencumbered balance of
the General Fund No. 010, is hereby reduced in the amount of $34,000.00.
520
SECTION 3. That this Ordinance shall be effective upon passage
and approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed b}r the following
vote:
Ayes: Eight
Burns, Hinga, Hunter , Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Appropriation Ordinance No. A-05-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March , 1979 , at the hour of 11: 30 o'clock A .M . ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
521
BILL NO. A-79-03-04
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
retaining the budget for the Sanitary Officers Pension Fund in the 1979 budget
and appropriating certain funds thereto from General Fund No. 010 have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Vivian G. Schmidt
William T. Kinga
James S. Stier
John Nuckols
Donald J. Schmidt
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. A-79-03-04
APPROPRIATION ORDINANCE NO. A-06-79
AN ORDINANCE retaining the budget for
Sanitary Officers Pension Fund in the 1979
budget and appropriating certain funds thereto
from General Fund No. 010
WHEREAS an EMERGENCY has arisen for the retention of the Sanitary
Officers Pension Fund in the 1979 budget and appropriating certain necessary funds
thereto, both of which have been recommended by the City Controller.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE, INDIANA:
SECTION 1. That the Sanitary Officers Pension Fund as previously
in existence is hereby retained and shall be maintained as a part of the 1979 budget
of the City, as follows:
Fund No. 442-442- Sanitary Officers Pension
Account No. 4111 Salaries and wages regular $ 720.00
" " 4241 Postage 50.00
" " 4252 Repair of Equipment 50.00
" " 4361 Official Records 50.00
" " 4362 Stationery and Printing
50.00
522
" ’’ 4560 Premium. on Official Bonds 20.00
" n 4620 Retirement and Social Security 28,000.00
$28,940.00
SECTION 3. That there is hereby appropriated from the unappropriated
and unobligated balance of the General Fund (General Fund No. 010) to the
following numbered account of the 1979 budget of the Sanitary Officers Pension
Fund (No. 442-442) the following amount:
SECTION 4. That the unappropriated and unobligated balance of the
General Fund (General Fund No. 010) is hereby reduced in the amount of $68,000.00.
SECTION 5. That this ordinance shall be in full force and effect
upon passage and approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Councilwoman
Read the third time In full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns , Hinga, Hunter , Nuckols , D . Schmidt, V. Schmidt,
STier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Appropriation Ordinance No. A-06-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
523
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-05
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
approving an Agreement to Purchase by McMahon Paper Company have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Vivian G. Schmidt
William T. Hinga
James S. Stier
John Nuckols
Donald J. Schmidt
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-05
SPECIAL ORDINANCE NO . S-50-79
AN ORDINANCE approving an Agreement to
Purchase by McMahon Paper Company
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the Agreement to Purchase dated February 14, 1979,
between the City of Fort Wayne, by and through its Mayor and the Board of Public
Works, and the McMahon Paper Company, Inc. , for:
524
Lot 5 Laterniers Sub. to the City of Fort Wayne,
Allen County, Indiana ,
for a gain to the City of $545.00, all as more particularly set forth in said contract
which is on file in the Office of the Board of Public Works and is by reference
incorporated herein, made a part hereof and is hereby in all things ratified,
confirmed and approved.
SECTION 2. This Ordinance shall be in full force and effect from and
after i]ts passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns , Hinga, Hunter , Nuckols , D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-50-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
525
BILL NO. S-79-03-06
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
approving a contract between Community Development and Planning and Fort
Wayne Metropolitan Human Relations Commission have had said Ordinance
under consideration and beg leave to report back to the Common Council
that said Ordinance DO PASS
Vivian G. Schmidt
William G. Hinga
James S. Stier
John Nuckols
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-06
SPECIAL ORDINANCE NO . -S-51-79
AN ORDINANCE approving a contract
between Community Development and
planning and Fort Wayne Metropolitan
Human Relations Commission
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated January 1, 1979, between
the Cit}? - of Fort Wayne, Indiana, by and through its Mayor and Community
Development and Planning and the Fort Wayne Metropolitan Human Relations
Commission, for:
development and implementation of a Fair Housing
Program in compliance with the Community Develop¬
ment Block Grant regulations,
all as more particularly set forth in said contract which is on file in the office
of Community Development and Planning and is by reference incorporated herein
and made a part hereof, be and the same is in all things hereby ratified, confirmed
and approved.
SECTION 2. That this Ordinance shall be effective upon passage
526
and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Six
Hinga, Hunter, Nuckols, V. Schmidt, Stier, Talarico
Nays: One
D. .Schmidt
Abstained: One Burns Absent: One Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-51-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
SUSPENSION OF RULES
BILL NO. S-79-03-31
Councilwoman V. Schmidt, moved to suspend the rules on passage of Bill No.
527
S-79-03-31, at chis meeting of 3-27-79, of the Common Council of the City of Fort
Wayne, Indiana. Said motion was seconded by Councilman Hunter, and duly passed
by unanimous vote ofoll legally elected members of the said Common Council.
The above Bill and S-52-79 Special Ordinance was accordingly placed on its
passage.
Date: 3-27-79
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: One
Absent: One
Moses
Passed and adopted by the Common Council of the City of Fort Wayne, Indiana,
as Special Ordinance No. S-52-79
' ATTEST": (SEAL)
DATE: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-31
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
AUTHORIZING THE CITY OF FORT WAYNE TO ISSUE ITS "ECONOMIC DEVELOPMENT
FIRST MORTGAGE REVENUE BONDS, SERIES 1979 (PERFECTION EISCUIT COMPANY
PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT THERETO have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Vivian G. Schmidt
William T. Hinga
James S. Stier
John Nuckols
Donald J. Schmidt
Concurred in 3-27-79 Charles W. Westerman
City Clerk
528
EILL NO. S-79-03-31
SPECIAL ORDINANCE NO. S-52-79
ORDINANCE AUTHORIZING THE CITY OF FORT
WAYNE TO ISSUE ITS "ECONOMIC DEVELOPMENT
FIRST MORTGAGE REVENUE BONDS, SERIES 1979
(PERFECTION BISCUIT COMPANY PROJECT)" AND
APPROVING OTHER ACTIONS IN RESPECT THERETO .
WHEREAS, the Fort Wayne Economic Development Commission has rendered
its Project Report for the Perfection Biscuit Company Project regarding the financing*
of proposed economic development facilities for Perfection Biscuit Company and the
Fort Wayne Plan Commission has commented favorably thereon; and
WHEREAS, the Fort Wayne Economic Development Commission conducted
a public hearing on June 16, 1978 and also adopted Resolutions on June 16, 1978, and
March 20, 1979, which Resolutions have been transmitted hereto, finding that the
financing of certain economic development facilities of Perfection Biscuit Company
complies with the purposes and provisions of I.C. 18-6-4.5 and that such financing
will be of benefit to the health and welfare of the City of Fort Wayne and its citizens,
and
WHEREAS, the Fort Wayne Economic Development Commission has hereto¬
fore approved and recommended the adoption of this form of Ordinance by this
Common Council and has approved the forms of and has transmitted for approval
by the Common Council the Loan Agreement, Note, and Mortgage and Indenture of
Trust; now therefore,
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA THAT:
SECTION 1. It is hereby found that the financing of the economic
development facilities referred to in the Loan Agreement approved by the Fort
Wayne Economic Development Commission and presented to this Common Council,
the issuance and sale of revenue bonds, the loan of the proceeds of the revenue
bonds to Perfection Biscuit Company for the acquisition and construction of such
facilities and the equipping thereof, the payment of the revenue bonds by the note
payments of Perfection Biscuit Company under the Loan Agreement and Note, and
the securing of said bonds by the mortgaging of such facilities to the Trustee
under the Mortgage and Indenture of Trust complies with the purposes and provisions
of I.C. 18-6-4,5 and will be of benefit to the health and welfare of the City of Fort
Wayne and its citizens.
SECTION 2 . The final forms of the Loan Agreement, Note , and
Mortgage and Indenture of Trust approved by the Fort Wayne Economic Develop¬
ment Commission are hereby approved and all such documents (herein collectively
referred to as the "Financing Agreement" referred to in I.C . 18-6-4.5) , shall be
529
incorporated hereby by reference and shall be inserted in the minutes of the
Common Council and kept on file by the Clerk.
SECTION 3. The City of Fort Wayne shall issue its Economic Develop¬
ment First Mortgage Revenue Bonds, Series 1979 (Perfection Biscuit Company
Project) , in the total principal amount of Four Million Dollars ($4,000,000) for
the purpose of procuring funds to pay the cost of acquisition, construction and
equipping of the economic development facilities as more particularly set out in
the Mortgage and Indenture of Trust and Loan Agreement incorporated herein by
reference, which bonds will be payable as to principal, premium, if any, and
interest from the note payments made by Perfection Biscuit Company under the
Loan Agreement and Note or as otherwise provided in the above described
Mortgage and Indenture of Trust. The Bonds shall never constitute a general
obligation of, an indebtedness of, or a charge against the general credit of the
City of Fort Wayne.
SECTION 4. The Mayor, Clerk and/or Controller are authorized
and directed to sell such bonds to the purchasers thereof at a rate of interest
on the bonds not to exceed 8 - 1/4% per annum and at a price not less than 100%
of the principal amount thereof.
SECTION 5. The Mayor and Clerk are authorized and directed to
execute the documents constituting the Financing Agreement approved herein
on behalf of the City and any other document which may be necessary, or desirable
to consummate the transaction, including the bonds authorized herein. The signatures
of the Mayor and Clerk on the bonds may be facsimile signatures. The Clerk
and/or Controller are authorized to arrange for delivery of such Bonds to the Trustee
named in the Mortgage and Indenture of Trust, payment for which will be made
to the Trustee named in the Mortgage and Indenture of Trust and delivered by the
Trustee to the purchasers thereof.
Section 6. The provisions of this Ordinance and the Mortgage and
Indenture of Trust securing the bonds shall constitute a contract binding between
the City of Fort Wayne and the holder of the Economic Development First Mortgage
Revenue Bonds, Series 1979 (Perfection Biscuit Company Project), and after the
issuance of said bonds, this Ordinance shall not be repealed or amended in any
respect which would adversely affect the rights of such holders so long as any
of said bonds or the interest thereon remains unpaid.
Section 7. This Ordinance shall be full force and effect from and after
its passage and signing by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Nuckols and duly adopted, placed on its passage. Passed by the following
vote:
530
Ayes: Eight
Burns , Hinga , Hunter , Nuckols , D . Schmidt, V . Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Comipon Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-52-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o’clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
SUSPENSION OF RULES
BILL NO. S-79-03-32
Councilwoman V. Schmidt, moved to suspend the rules on passage of Bill No.
S-79-03-32 , at this meeting of 3-27-79, of the Common Council of the City of
Fort Wayne, Indiana. Said motion was seconded by Councilman Hunter, and duly
passed by unanimous vote of all legally elected members of the said Common
Council.
The above Bill and S-53-79 Special Ordinance was accordingly placed on its
passage.
Date:: 3-27-79
531
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Ayes: Eight
Burns , Hinga, Hunter, Nuckols , D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Passed and adopted by the Common Council of the City of Fort Wayne, Indiana,
as Special Ordinance No. S-53-79
ATTEST: (SEAL)
DATE: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-32
SPECIAL ORDINANCE NO . S- 53-79
ORDINANCE AUTHORIZING THE CITY OF FORT
WAYNE TO ISSUE ITS "ECONOMIC DEVELOPMENT
FIRST MORTGAGE REVENUE BONDS, SERIES
1979 (BRADTMILLER PROJECT)" AND APPROVING
OTHER ACTIONS IN RESPECT THERETO
WHEREAS, the Fort Wayne Economic Development Commission has
rendered its Project Report for the Paul A. Bradtmiller Project regarding the financing
of proposed economic development facilities for Paul A. Bradtmiller and the Fort
Wayne Planning Commission has commented favorably thereon, and
WHEREAS, the Fort Wayne Economic Development Commission conducted
a public hearing on July 25, 1978 and March 20, 1979, and also adopted resolutions
on said dates which Resolutions have been transmitted hereto, finding that the financing
of certain economic development facilities of Paul A. Bradtmiller complies with the
purposes and provisions of I.C. 18-6-4.5 and that such financing will be of benefit
to the health and welfare of the City of Fort Wayne and its citizens, and
WHEREAS, the Fort Wayne Economic Development Commission has
heretofore approved and recommended the adoption of this form of Ordinance by
this Common Council and has approved the forms of and has transmitted for approval by
the Common Council the Lease Agreement, Sublease Agreement, Assignment of
Sublease, Guaranty Agreement, and Mortgage and Indenture of Trust; now
therefore,
532
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE , INDIANA THAT:'
Section 1. It is hereby found that the financing of the economic
development facilities referred to in the Lease Agreement approved by the Fort
'Wayne Economic Development Commission and presented to this Common Council,
the issuance and sale of revenue bonds, the use of the proceeds of the revenue
bonds for the acquisition and construction of such facilities to Paul A. Bradtmiller,
the sublease of said facilities by Paul A. Bradtmiller, as a developer, to Don Ayres
Pontialc, Inc. , as user, the payment of the revenue bonds by the rent payments
of Paul A. Bradtmiller under the Lease Agreement, the guarantee of the payment
of the principal and interest on the revenue bonds by Paul A. Bradtmiller under
the Guaranty Agreement, and the securing of said bonds by the mortgaging of such
facilities to the Trustee under the Mortgage and Indenture of Trust and the
assignment of the Sublease Agreement to the Trustee, complies with the purposes
and provisions of I.C. 18-6-4.5 and will be of benefit to the health and welfare of
the Cicy of Fort Wayne and its citizens.
Section 2. The final forms of the Lease Agreement, Sublease Agreement
Assignment of Sublease, Guaranty Agreement, and Mortgage and Indenture of Trust
approved by the Fort Wayne Economic Development Commission are hereby approved
and all such documents (herein collective^ referred to as the "Financing Agreement"
referred to in I.C. 18-6-4.5) , shall be incorporated herein by reference and shall
be inserted in the minutes of the Common Council and kept on file by the Clerk.
Section 3. The City of Fort Wayne shall issue its Economic Development
First Mortgage Revenue Bonds, Series 1979 (Bradtmiller Project) , in the total
principal amount of Seven Hundred Thousand Dollars ($700,000) for the purpose
of procuring funds to pay the costs of acquisition, construction and equipping
of th economic development facilities as more particularly set out in the Mortgage
and Indenture of Trust and Lease Agreement incorporated herein by reference,
which bonds will be payable as to principal, premium, if any, and interest from
the rent payments made by Paul A. Bradtmiller under the Lease Agreement and from
other revenues and income assigned under the Assignment of Sublease or as
otherwise provided in the above described Mortgage and Indenture of Trust.
The Bonds shall never constitute a general obligation of, an indebtedness of,
or a charge against the general credit of the City of Fort Wayne.
Section 4. The Mayor, Clerk, and Controller are authorized and
directed to sell such bonds to the purchasers thereof at a rate of interest on the
bonds not to exceed 8% per annum and at a price not less than 100% of the principal
amount thereof.
Section 5. The Mayor and Clerk are authorized and directed to execute
the documents constituting the Financing Agreement approved herein on behalf of
the City and any other document which may be necessary or desirable to consummate
the transaction, including the bonds authorized herein. The signatures of the Mayor
533
and Clerk on the bonds may be facsimile signatures. The Clerk is authorized to
arrange for delivery of such Bonds to the Trustee named in the Mortgage and
Indenture of Trust, payment for which will be made to the Trustee named in
the Mortgage and Indenture of Trust and delivered by the Trustee to the
purchasers thereof.
Section 6. The provisions of this Ordinance and the Mortgage and
Indenture of Trust securing the bonds shall constitute a contract binding between
the City of Fort Wayne and the holder of the Economic Development First Mortgage
Revenue Bonds, Series 1979 (Bradtmiller Project) , and after the issuance of said
bonds, this Ordinance shall not be repealed or amended in any respect which would
adversely affect the rights of such holders so long as any of said bonds or the
interest thereon remains unpaid.
Section 7. This Ordinance shall be in full force and effect from and
after its passage and signing by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79
Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-53-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman
City Clerk
James S. Stier
Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana,
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
534
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
SUSPENSION OF RULES
BILL NO. S-79-03-33
Councilwoman V. Schmidt, moved to suspend the rules on passage of Bill No.
S-79-03-33, at this meeting of 3-27-79, of the Common Council of the City of
Fort Wayne, Indiana. Said motion was seconded by Councilman Hinga, and duly
passed by unanimous vote of all legally elected members of the said Common
Council.
The above Bill and S-54-79 Special Ordinance was accordingly placed on its passage.
Date: 3-27-79
James S. Stier
Presiding Officer
Charles W. Westerman
City Clerk
Ayes: Eight
Burns , Hinga, Hunter , Nuckols , D . Schmidt, V . Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Passed and adopted by the Common Council of the City of Fort Wayne, Indiana,
as Special ORdinance No. S-54-79
ATTEST:
(SEAL)
Date: 3-27-79
Charles W. Westerman
City Clerk
535
BILL NO. S-79-03-33
SPECIAL ORDINANCE NO . S-54-79
AN ORDINANCE authorizing the issuance and
sale of $4,000,000.00 First Mortgage Revenue
Bonds, Series 1979, Perfection Biscuit Company,
Lessee of the City of Fort Wayne, Indiana,
for the purpose of defraying the cost of acquiring
economic development facilities for lease
to Perfection Biscuit Company, authorizing the
execution of the Lease Agreement, providing for
the pledge of revenues for the payment of said
bonds, authorizing a mortgage and indenture
of trust appropriate for the protection and
disposition of such revenues, and authorizing
sale of said bonds
WHEREAS* the'.Fort,Wayne Economic Development Commission has developed
and filed with the City Plan Commission and the Fort Wayne Community Schools
a "Report of Fort Wayne Economic Development Commission Regarding Facilities
to be constructed for Perfection Biscitt Company" and the City,Clerk has
presented the same to the Comon Council; and
WHEREAS, it is in the best interest of the City of Fort Wayne and the
economic development thereof, that said Report be approved and that the acquisition
and construction of the economic development facilities mentioned in said report
be implemented; and
WHEREAS, the Fort Wayne Economic Development Commission adopted
a resolution approving the financing of said economic development facilities as
described in said Report to be financed by the issuance and sale of revenue bonds
to the City of Fort Wayne and the lease of said facilities to Perfection Biscuit
Company, Lessee, and approving a Lease Agreement, Mortgage and Indenture of
Turst, and finding that the proposed financing complies with the purposes and
provisions of IC 1971, 18-64.5-1 - 18-6-4.5-29; and
WHEREAS, said Resolution was presented to the City Clerk for
presentation to the Common Council of the City of Fort Wayne and was so presented.
NOW, THEREFORE, BE IT ORDAINED
OF THE CITY OF FORT WAYNE, INDIANA:
BY THE COMMON COUNCIL
SECTION 1. The above mentioned Report of the Fort Wayne Economic
Development Commission together with the comments thereon by the City Plan
Commission and the Fort Wayne Community Schools be accepted and ordered
filed.
536
SECTION 2. Thai the Common Council of the City of Fort Wayne gives
its approval of the project reported on in the above mentioned Report of the Fort
Wayne Economic Development Commission.
SECTION 3. The financing of the acquisition and construction of the
economic development facilities by the issuance and sale of First Mortgage bonds
of the City of Fort Wayne, as previously approved by the Fort Wayne Economic
Development Commission and presented to the Common Council will be of benefit
to the health and welfare of the City of Fort Wayne.
SECTION 4. The form of the Loan Agreement and the Mortgage and
Indenture of Trust approved by the Fort Wayne Economic Development Commission
are hereby approved and such documents collectively shall be considered the "Financing
Agreements" referred to in IC 1971, 18-6-4.5-1 - 18-6-4.5-29. Such documents
shall be incorporated herein by reference and shall be inserted in the minutes of the
Common Council and kept on file by the City Clerk.
SECTION 5. The City of Fort Wayne shall issue its Economic Develpment
First Mortgage Revenue Bonds (Perfection Biscuit Company Project) in the total
principal amount of $4,000,000.00 for the purpose of providing funds to Perfection
Biscuit Company to acquire and construct the project (all as more particularly
set out in the Loan Agreement and Mortgage and Indenture of Trust) which bonds will
be payable as to principal, premium, if any, and interest primarily from payments
by Perfection Biscuit Company pursuant to the provisions of the financing agreement
and other sources as provided in the LoanAgreementor as otherwise provided in
the above described Indenture of Trust. The Bond and the interest thereon shall
never constitute a charge against the general credit or taxing power of the City.
SECTION 6. The City Clerk is authorized and directed to negotiate
the sale of such bonds at a rate of interest not to exceed 8 1/1% per annum and at a
price of 100% of the principal amount of such bonds. In such negotiations the City
Clerk may consult with the Mayor, City Attorney, and officers or representatives of
the company to assist in the sale of such bonds.
SECTION 7. The Maj^or and City Clerk are authorized and directed
to execute the documents approved herein on behalf of the City of Fort Wayne and
TTT J "T lCh may be necessar y OT desirable to complete the transaction
including the bond authorised herein. The signatures of the Mayor and City Clerk
Fort Wave and C ,° Up ° na may be ,acsimUe signatures. The City Clerk of the City of
Fort Itayne is authorised to deliver such bonds to the Trustee named on the Mortgage
shfll blTd" h rU m f ° r deUTCry 10 th6 pUrchaaara therefor, payment for which
made to the Trustees named in the Mortgage and Indenture of Trust.
, nrtom SECTIONS. The provisions of this Ordinance and the Mortgage and
Indenture of Trust securing such bonds shall constitute a contract binding between
537
this Ordinance shall not be repealed or amended in any respect which would adversely
affect the rights of such holders so long as any of said bonds or the interest
thereon remain unpaid.
SECTION 9. This Ordinance shall be in full force and effect from and
after its passage and approval by the Mayor.
Vivian G. Schmidt
Council woman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-54-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S .T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
538
BILL NO. S-79-02-20
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
approving an installment purchase agreement with Xerox Corporation have
had said Ordinance under consideration and beg leave to report back to the
Common Council that said Ordinance BE WITHDRAWN
Vivian G. Schmidt
William T. Hinga
James S. Stier
John Nuckols
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. R-79-03-35
RESOLUTION NO. R-14-79
A RESOLUTION finding, determining and
ratifying an inducement resolution of the Fort
Wayne Economic Development Commission
authorizing the issuance and sale of $8,000,000.00
Economic Revenue Bonds of the City of Fort
Wayne , Indiana, for the purpose of inducing
the applicant to proceed with the acquisition,
construction and equipping of the Project.
WHEREAS, the City of Fort Wayne, Indiana (the "Issuer") is authorized
by I.C. 18-6-4.5 (the "Act") to issue revenue bonds for the financing of economic
development facilities, the funds from said financing to be used for the acquisition,
construction and equipping of said facilities either directly or by loan to a company and
said facilities to be either directly owned by a company or lease to a company
or sold to a company; and
WHEREAS, Covington Plaza Center, Inc. (the "Applicant") has
advised the Fort Wayne Economic Development Commission and the Issuer that it
proposes that the Issuer acquire, construct and equip an economic development
facility and sell or lease the same to the Applicant or that the Issuer loan the
proceeds of such a financing to the Applicant for such purposes said economic
development facility to be a 115,438 square foot shopping center, including the
539
real estate on which it is located and to be located at U.S. 24 and Covington
Road, Fort-Wayne, Indiana, on an approximate 24 acre tract of land (the "Project");
and
WHEREAS, the diversification of economic development and increase in
635 job opportunities to be achieved by the acquisition, construction and equipping
of the Project will be of public benefit to the health, safety and general welfare of
the Issuer and its citizens; and
WHEREAS, having received the advice of the Fort Wayne Economic
Development Commission, it would appear that the financing of the Project would
be of public benefit to the health, safety and general welfare of the Issuer and its
citizens; and
WHEREAS, the acquisition and construction of the facility will not
have an adverse competitive effect on any similar facility already constructed or
operating in or about Fort Wayne, Indiana;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of
Fort Wayne:
1. The Common Council finds, determines, ratifies and confirms
that the promotion of diversification of economic development and job opportunities
in and near Fort Wayne, Indiana, and in Allen County, is desirable to preserve
the health, safety and general welfare of the citizens of the Issuer; and that it
is in the public interest that Fort Wayne Economic Development Commission and
said Issuer take such action as it lawfully may to encourage diversification
of industry and promotion of job opportunities in and near said Issuer.
2. The Common Council further finds, determines, ratifies and confirms
that the issuance and sale of revenue bonds in an amount not to exceed $8,000,000.00
of the Issuer under the Act for the acquisition, construction and equipping of the
Project and the sale or leasing of the Project to the Applicant or the loaning of the
proceeds of such a financing to the Applicant for such purposes will serve the public
purposes referred to above, in accordance with the Act.
3. In order to induce the Applicant to proceed with the acquisition,
construction and equipping of the Project, the Common Council hereby finds,
determines, ratifies and confirms that (i) it will take or cause to be taken such
actions pursuant to the Act as may be required to implement the aforesaid financing,
or as it may deem appropriate in pursuance thereof, provided that all of the foregoing
shall be mutually acceptable to the Issuer and the Applicant; (ii) it will adopt
such ordinances and resolutions and authorize the execution and delivery of such
instruments and the taking of such action as may be necessary and advisable for
the authorization, issuance and sale of said economic development bonds.
540
4. All costs of the Project incurred after the passage of this inducement
resolution, including reimbursement or repayment to the Applicant of moneys expended
by the Applicant for planning, engineering, interest paid during construction,
underwriting 'expenses, attorney and bond counsel fees, acquisition, construction
and equipping of the Project will be permitted to be included as part of the bond
issue to finance said Project, and the Issuer will thereafter either sell or lease the
same to the Applicant or loan the proceeds of such financing to the Applicant for
the same purposes.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter , Nuckols, D. Schmidt, V . Schmidt,
Stier, Talarieo
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Resolution No. R-14-79 on the 27th day of March, 1979.
ATTEST:
(SEAL)
Charles W. Westerman
City Clerk
James S. Stier
Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
541
RESOLUTION NO. R-79-03-34
RESOLUTION NO. R-15-79
A RESOLUTION finding, determining
and ratifying an inducement resolution of the
Fort Wayne Economic Development Commission
authorizing the issuance and sale of $7,989,000
Economic Revenue Bonds of the City of Fort
Wayne, Indiana, for the purpose of inducing
the applicant to proceed with the
acquisition, construction and equipping of the
Project
WHEREAS, the City of Fort Wayne, Indiana (the "Issuer") is authorized
by I.C. 18-6-4.5 (the "Act") to Issue revenue bonds for the financing of economic
development facilities, the funds from said financing to be used for the acquisition,
construction and equipping of said facilities either directly or by loan to a company
.and said facilities to be either directly owned by a company or leased to a company
or sold to a company; and
WHEREAS, Rogate Industries, Inc. (the "Applicant") has advised
the Fort Wayne Economic Development Commission and the Issuer that it proposes
that the Issuer acquire, construct and equip an economic development facility and sell
or lease the same to the Applicant or that the Issuer loan the proceeds of such
a financing to the Applicant for such purposes said economic development facility
to be a 149,000 square foot factory building, including the real estate located in
Baer Field Industrial Park, Fort Wayne, Indiana on an approximate 12 acre tract of
land ("the Project"); and
WHEREAS, the Hoover Universal, Inc. , a corporation, will guarantee
all bond payments, if necessary; and
WHEREAS, the diversification of economic development and increase
in 108 job opportunities to be achieved by the acquisition, construction and
equipping of the Project will be of public benefit to the health, safety and general
welfare of the Issuer and its citizens; and
WHEREAS, having received the advice of the Fort Wayne Economic
Development Commission, it would appear that the financing of the Project would
be of public benefit to the health, safety and general welfare of the Issuer and its
citizens; and
WHEREAS, the acquisition and construction of the facility will not have
an adverse competitive effect on any similar facility already constructed or operating
in or about Fort Wayne, Indiana;
NOW, THEREFORE , BE IT RESOLVED by the Common Council of Fort
Wayne;
542
1. The Common Council finds, determines, ratifies and confirms that
the promotion of diversification of economic development and job opportunities
in and near Fort Wayne, Indiana, and in Allen County, is desirable to preserve the
health, safety and general welfare of the citizens of the Issuer; and that it is
in the public interest that Fort Wayne Economic Development Commission and
said Issuer take such action as it lawfully may to encourage diversification of
industry and promotion of job opportunities in and near said Issuer.
2. The Common Council further finds, determines, ratifies and confirms
that the issuance and sale of revenue bonds in an amount not to exceed $7,989,000.00
of the Issuer under the Act for the acquisition, construction and equipping of the
Project and the sale or leasing of the Project to the Applicant or the loaning of the
proceeds of such a financing to the Applicant for such purposes will serve the
public purposes referred to above, in accordance with the Act.
3. In order to induce the Applicant to proceed with the acquisition,
construction and equipping of the Project, the Common Council hereby finds, determines,
ratifies and confirms that (i) it will take or cause to be taken such actions pursuant
to the Act as may be required to implement the aforesaid financing, or as it may
deem appropriate in pursuance thereof, provided that all of the foregoing shall
be mutually acceptable to the Issuer and the Applicant; (ii) it will adopt such
ordinances and resolutions and authorize the execution and delivery of such in¬
struments and the taking of such action as may be necessary and advisable for
the authorization, issuance and sale of said economic development bonds.
4. All costs of the Project incurred after the passage of this inducement
resolution, including reimbursement or repayment to the Applicant of moneys
expended by the Applicant for planning, engineering, interest paid during
construction, underwriting expenses, attorney and bond councel fees, acquisition,
construction and equipping of the Project will be permitted to be included as part
of the bond issue to finance said Project, and the Issuer will thereafter either
sell or lease the same to the Applicant or loan the proceeds of such financing to
the Applicant for the same purposes.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by V. Schmidt, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter , Nuckols , D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79
Charles W. Westerman
City Clerk
543
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Resolution No. R-15-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
BILL NO. G-78-06-33
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending General Ordinance No. G-97 by authorizing the vacation of
a certain street have had said Ordinance under consideration and beg leave
to report back to the Common Council that said Ordinance DO PASS
John Nuckols
Samuel J . Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 3-27-79 Charles W. Westerman
City Clerk
544
EILL NO. G-78-06-33
GENERAL ORDINANCE NO. G-07-79
AN ORDINANCE amending General Ordinance
No. G-97 by authorizing the vacation of
a certain street
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. Petition for the vacation of a certain street having been
filed with the Fort Wayne City Plan Commission in accordance with Section 44,
Chapter 174, of the Acts of the General Assembly of the State of Indiana,
as aniended by Section 3, Chapter 385, of the Acts of 1963 of the General Assembty
of the State of Indiana (I.C. 18-7-5-46), the Thoroughfare Plan as set forth
in General Ordinance No. G-97 adopted by the Common Council of the City
of Fort Wayne on November 26, 1963, is amended by deleting the following street,
to wit:
"That portion of Glenn Avenue extending from the East
right-of-way of Eleanor Avenue East to the* West right-
of-way to the North-South Alley (approximately 145 feet) .
SECTION 2. After passage of this Ordinance, approval by the Mayor
and legal publication, a'duly certified copy of this Ordinance, of the recommendation
of the Fort Wayne City Plan Commission, and of the action of the Mayor,
shall be transmitted by the City Clerk to the Board of Public Works of the
City of Fort Wayne, Indiana.
SECTION 3. That this Ordinance shall be in full force and effect
from and after its passage, approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by Nuckols, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
545
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as General Ordinance No. G-07-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P .M. ,E . S .T .
Robert E. Armstrong
Mayor
BILL NO. G-79-01-10
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending General Ordinance No. G-97 by authorizing the vacation
of a certain street have had said Ordinance under consideration and beg leave
to report back to the Common Council that said Ordinance DO PASS
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 3-27-79 Charles W. Westerman
City Clerk
546
BILL NO. G-79-01-10
GENERAL ORDINANCE NO. G-08-79
AN ORDINANCE amending General
Ordinance No. G-97 by authorizing
the vacation of a certain street
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. Petition for the vacation of a certain street having
been filed with the Fort Wayne City Plan Commission in accordance with
Section 44, Chapter 174, of the Acts of the General Assembly of the State of
Indiana, as amended by Section 3, Chapter 385, of the Acts of 1963 of the
General Assembly of the State of Indiana (I.C. 18-7-5-46), the Thoroughfare Plan
as set forth in General Ordinance No. G-97 adopted by the Common Council
of the City of Fort Wayne on November 26, 1963, is amended by deleting the
following street, to wit:
"That portion of Rathert Lane, an east-west street,
approximately twenty-five '(25) feet in width, running
approximately 171.13' feet along and adjacent to
the northern property line of Lot 4, Fernhill Place
Amended Addition to the City of Fort Wayne,
Indiana; "
SECTION 2. After passage of this Ordinance, approval by the
Mayor and legal publication, a duly certified copy of this Ordinance, of
the recommendation of the Fort Wayne City Plan Commission, and of the action
of the Mayor, shall be transmitted by the City Clerk to the Board of Public
Workd of the City of Fort Wayne, Indiana.
SECTION 3. That this Ordinance shall be effective upon passage,
approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
547
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as General Ordinance No. G-08-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour .of 11: 30 o'clock A.M..E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P .M. ,E .S .T .
Robert E. Armstrong
Mayor
BILL NO. G-79-01-25
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending General Ordinance No. G-97 by authorizing the vacation
of a certain street have had said Ordinance under consideration and beg leave
to report back to the Common Council that said Ordinance DO PASS
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 3-27-79 Charles W. Westerman
City Clerk
548
BILL 10. G-79-01-25
GENERAL ORDINANCE NO.G.-09-79
AN ORDINANCE amending General Ordinance
No. G-97 by authorizing the vacation of
a certain street
EE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. Petition for the vacation of a certain street having
been filed with the Fort Wayne City Plan Commission in accordance wth Section 44,
Chapter 174 , of the Acts of the General Assembly of the State of Indiana, as
amended by Section 3, Chapter 385, of the Acts of 1963 of the General Assembly of
the State of Indiana (I.C. 18-7-5-46) , the Thoroughfare Plan as set forth in
General Ordinance No. G-97 adopted by the Common Council of the City of Fort
Wayne on November 26, 1963, is amended by deleting the following street, to wit:
"Commencing at the most westerly corner of Lot #1 C .L.
Centlivre Brewing Co. Addition; thence south 42° 09'
east a distance of 81.37 feet; thence south 6° 29'
west a distance of 273.6 feet; thence south 9° 16 T
east 32.2 feet; thence south 80° 44' west a distance
of 11.25 feet; thence north 19° 18' west a distance
of 181.35 feet; thence north 6° 29’ west a distance
of 113.40 feet; thence north 42° 09’ west a distance
of 56.52 feet; thence north 15° 58’ west a distance
of 2.90 feet; thence north 19° 00’ east a distance
of 55.57 feet; thence south 42° 09’ east a distance
of 20.55 feet to the point of beginning.
SECTION 2. After passage of this Ordinance, approval by the Mayor
and legal publication, a duly certified copy of this Ordinance, of the recommendation
of the Fort Wayne City Plan Commission, and of the action of the Mayor, shall be
transmitted by the City Clerk to the Board of Public Works of the City of Fort
Wayne, Indiana.
SECTION 3. That this Ordinance shall be effective upon passage approval by the
Mayor and legal publication thereof.
John Nuckols
Councilman
549
Read the third time in full and on motion by Nuckols, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as General Ordinance No. G-09-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o’clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. Z-79-09-11
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the City of Fort Wayne Zoning Map No. HH-2 have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
550
John Nuckols
Samuel J . Talarico
Vivian G. Schmidi
James S. Stier
William T. Hinga
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. Z-76-09-11
ZONING MAP ORDINANCE NO. Z-LOST
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. HH-2
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
FORT WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated
a B4 District under the terms of Chapter 36, Municipal Code of the City of Fort
Wayne, Indiana, 1946, as amended by General Ordinance No. 2836 and amend¬
ments thereof; and the symbols of the City of Fort Wayne Zoning Map No.
HH-2, referred to therein, established by Section 9, Article III of said Chapter
as amended, are hereby changed accordingly, to-wit:
Lots #232 thru #239 Country Club Terrace, Section
A, generally located on the North side of Covington
Road, east of Sheffield Drive and west of South
Bend Drive.
SECTION 2. This Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
V. Schmidt and duly adopted, placed on its passage. LOST by the following
vote:
A3>-es: None
Nays: Seven
Burns , Hinga , Hunter , Nuckols , V. Schmidt, Stier , Talarico
Abstained: One
D. Schmidt
Absent: One
Moses
551
Date: 3-27-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-02-34
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the City of Fort Wayne Zoning Map No. M-30 have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance BE WITHDRAWN
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-11
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance amending certain sections of Chapter 24 ’’Sewer and Sewerage Systems"
of the Code of the City of Fort Wayne, Indiana of 1974 to allow for water consumption
for sprinkling for a three-month summer period have had said Ordinance under
consideration and beg leave to report back to the Common Council that said
Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Donald J. Schmidt
James S. Stier
Concurred in 3-27-79 Charles W. Westerman
City Clerk
552
BILL NO. S-79-03-11
SPECIAL ORDINANCE NO. S-55-79
AN ORDINANCE amending certain sections
of Chaper 24 "Sewer and Sewerage Systems"
of the Code of the City of Fort Wayne , Indiana
of 1974 to allow for water consumption for
sprinkling for a three-month summer period
WHEREAS , it is necessary to amend Chapter 24 of the Code of the
City of Fort Wayne .Indiana of 1974, "Sewer and Sewerage Systems", to allow for
water consumption for sprinkling for a three-month summer period, for residential
water customers only, this usage to be exempted in computing sewer charges.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF FORT WAYNE, INDIANA:
SECTION 1. That Chapter 24, Article VI "Service Charges Based on
Water Usage", Item 603 is amended to be and read as follows:
603. Exempt Water - General Where a significant portion of
the metered water does not and cannot enter the sewerage
system, either directly or indirectly, the person having
charge of the property may request permission from the
City to install at his own expense either an approved
meter or meters to determine the quantity of water that
cannot enter the sewerage system or an approved sewage¬
measuring device or devices to determine the volume of
sewage that actually enters the sewerage system; when
appropriate, the City reserves the right to determine by
whatever other means and methods it may find practicable
the percentage of the property's metered water that enters
the sewerage system. In any erase the service charge shall
be based on the quantity of water that can or actually does
enter the public sewers but in no case shall it be less
than the minimum charge for the class of user served.
SECTION 2. That Chapter 24, Article VI "Service Charges Based
on Water Usage", is hereby amended by adding thereto the following:
605. Exempt Water Sprinkling. A residential water consumer shall
be billed for sewage service beginning with the billing of
District 19 around the beginning of July and ending with the
billing of District 17 around the beginning of October as
553
follows: The monthly sewage charge shall be the lesser of a
charge based on the actual (or estimated water consumption)
or a charge based on twice the consumer's average monthly
consumption during the prior bimonthly meter reading period.
This bimonthly period begins with the reading or estimating
of District 19 around the middle of March. A new account
without a bimonthly meter reading period prior to the exempt
water sprinkling period shall be billed the lesser of a charge
based on the actual (or estimated water consumption) or a charge
based on twice the minimum sewage rate during the sprinkling
period. A water consumer without an actual read at the end of
the exempt water sprinkling period shall be allowed a sewer
credit based on an average monthly usage as computed from the
date of the Utilities' last actual read to the date of the
Utilities actual read made after the end of the exempt water
sprinkling period.
The provisions of this section shall not apply to any residen¬
tial water consumers who use any part of their water for any
commercial or industrial purpose. In no case, however, shall
the sewage charge be less than the minimum for the water meter
size installed.
SECTION 3. That this Ordinance shall be in full force and effect upon
passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Five
Burns, Hinga, D. Schmidt, Slier, Talarico
Nays: Three
Hunter, Nuckols, V. Schmidt
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-55-79 on the 27th day of March, 1979.
ATTEST:
(SEAL)
554
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-12
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract with Bercot, Inc., for Sewer Improvement
Resolution No. 302-78 have had said Ordinance under consideration and beg
leave to report back to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarieo
Vivian G. Schmidt
Donald J . Schmidt
James S. Stier
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-12
SPECIAL ORDINANCE NO . S-56-79
AN ORDINANCE approving a contract with
Bercot, Inc., for Sewer Improvement
Resolution No. 302-78
555
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated January 31, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and Bercot, Inc. , for:
Sewer Improvement Resolution No. 302-78, for the
construction of a sanitary sewer to serve the Kruge
Place Addition area,
for a total cost of $193,006.00, which will be paid by Water Pollution Control Utility
with reimbursement by property owners at time of tap-in, all as more particularly
set forth in said contract which is on file in the Office of the Board of Public Works
and is by reference incorporated herein and made a part hereof, be and the same is in
all things hereby ratified, confirmed and approved.
SECTION 2 . That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Mo ses
Dace: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-56-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
556
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-13
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract with T & G Excavating, Inc. for Sewer Improvement
Resolution No. 876-78 have had said Ordinance under consideration and beg
leave to report back to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarieo
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-13
SPECIAL ORDINANCE NO . S-57-79
AN ORDINANCE approving a contract with
T & G Excavating, Inc. for Sewer Improvement
Resolution No. 876-78
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated January 30, 1979, between
557
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & T Excavating, Inc. , for:
Sewer Improvement Resolution No. 876-78, for the
construction of a sanitary sewer to serve the
McKinley-Connett-Edwards area.
for a total cost of $198,979.20, which will be paid under Barrett Law, all as more
particularly set forth in said contract which is on file in the Office of the Board
of Public Works and is by reference incorporated herein and made a part hereof, be
and the same is in all things hereby ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
Hmga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne
Indiana as Special Ordinance No. S-57-79 on the 27th day of March, 1979.
ATTEST:
(SEAL)
Charles W. Westerman
City Clerk
James S. Stier
Presiding Officer
Charles W. Westerman
City Clerk
558
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-14
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase ORder No. 0893 wtih Glenbrook Dodge,
Inc. for a vehicle for the Technical Services Department have had said Ordinance
under consideration and beg leave to report back to the Common Council
that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-14
SPECIAL ORDINANCE NO . S-58-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0893 with Glenbrook
Dodge , Inc . for a vehicle for the
Technical Services Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0893, dated February
20, 197|9, between the City of Fort Wayne, by and through the City Utilities Purchasing
Agent and the Board of Public Works and Glenbrook Dodge, Inc. , for:
559
One 1979 Dodge Ramcharger Two Door, Four Wheel Drive
Vehicle for the Technical Services Department,
at a cost of $7,834.69, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns , Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-58-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S .T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
560
of 3: 00 b'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL Nt>. S-79-03-15
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0886 with DeHaven
Chevrolet, Inc. for a truck for the Water Maintenance & Service Department
have had said Ordinance under consideration and beg leave to report back
to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 3-27-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-15
SPECIAL ORDINANCE NO . S-59-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0886 with DeHaven
Chevrolet, Inc. for a truck for the
Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0886, dated
February 15, 1979, between the City of Fort Wayne, by and through the C.ity Utilities
Purchasing Agent and the Board of Public Works and DeHaven Chevrolet, Inc. for:
561
One 1979 Chevrolet Van Truck for the Water Maintenance
& Service Department,
at a cost of $10,460.92, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified , confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Eight
Burns, Hinga, Hunter, Nuckols, D. Schmidt, V. Schmidt,
Slier, Talarico
Nays: None
Absent: One
Moses
Date: 3-27-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-59-79 on the 27th day of March, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 28th day of March, 1979, at the hour of 11: 30 o'clock A.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 29th day of March, 1979, at the hour
of 3: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
THE COUNCIL THEN ADJOURNED.
CERTIFICATE
I hereby certify that I am the duly elected, acting and incumbent
City Clerk of the City of Fort Wayne, Indiana and as such the custodian of
the records of the Common Council of said City and that the above and foregoing
is the true, full and cftmplete record of the proceedings of the Common Council
of the City of Fort Wayne, Indiana for its Regular _Session,
held ok Tuesday _the_ 2-7th _day of March _, 1
that the numbered ordinances and resolutions shown therein were duly adopted
by said Common Council on said date and were presented by me to the Mayor
of the City of Fort Wayne and were signed and approved or disapproved by
said Mayor as and on the dates shown as to each such ordinance and resolution
respectively; and that all such records, proceedings, ordinances and resolutions
remain on file and record in my office.
WITNESS my hand and the official seal of the City of Fort Wayne,
Indiana, this_ 29th _da 3 ^ of _ March _,1979.
Charles W. Westerman
City Clerk
Minutes approved and signed in open council this 24th _day
April _, 1979.
ATTEST: (SEAL)
CITY CLERK
PRESIDING OFFICER
563
PROCEEDINGS OF THE COMMON COUNCIL
IN SPECIAL SESSION
SATURDAY, MARCH 31, 1979
CITY OF FORT WAYNE, INDIANA
JOURNAL OF THE PROCEEDINGS
OF THE COMMON COUNCIL
The Common Council of the City of Fort Wayne met in the Council
Chambers Saturday morning March 31, 1979, in Special Session. President Winfield
C. Moses, Jr. in the chair, and Charles W. Westerman Clerk, at the desk, present
the following members eight viz:
Burns, Hinga, Hunter, Moses, Nuckols, D. Schmidt, Stier,
Talarico
Absent: One
V. Schmidt
COMMUNICATION FROM WINFIELD C. MOSES, JR,
COMMON COUNCIL PRESIDENT
Mr. Charles W. Westerman
City Clerk of the City of Fort Wayne, Indiana
City-County Building
One North Main Street
Fort Wayne, IN 46802
RE: Ordinance No. S-79-02-19
Dear Mr. Clerk:
Please prepare and issue notice to all members of the Common Council
of the City of Fort Wayne, Indiana advising them as to a special meeting of the
Common Council of the City of Fort Wayne, Indiana to be held on March 31, 1979 ,
at 10: 00 o'clock EST. in the Common Council Chambers of the City of Fort Wayne,
564
for the purpose of consideration of the final passage of said above numbered
Ordinance.
Winfield C . Moses , Jr.
President of the Common Council
of the City of Fort Wayne, Indiana
. lade a matter of record 3-13-79 Charles W. Westerman
City Clerk
CALL, CONSENT AND WAIVER OF NOTICE OF A
SPECIAL MEETING OF THE COMMON COUNCIL OF
THE CITY OF FORT WAYNE, INDIANA, TO BE
HELD SATURDAY, MARCH 31, 1979 at 10: 00 A.M.
COMMON COUNCIL CHAMBERS ROOM 126
We, the undersigned, being all of the members of the Common Council
of the City of Fort Wayne, Indiana do hereby call a special meeting of said Council
to be held on Saturday, March 31, 1979 at 10: 00 o'clock A.M. , E.S.T. and jointly
and severally waive notice of the time, place and purpose of said meeting and
consent that same be held on the aforesaid date for the purpose of placing before
Council Bill No. S-79-02-19 — AN ORDINANCE fixing the salaries and compensation
of the elected City Officials of the City of Fort Wayne, Indiana, for action and
passage.
John Nuckols Vivian G. Schmidt
Samuel J . Talarico
Paul M. Burns
JamesS. Stier William T. Hinga
Winfield C. Moses, Jr.
Dated this 6th day of March, 1979 Charles W. Westerman
Chy Clerk
Made 4 matter of record 3-13-79 Charles W. Westerman
City Clerk
565
BILL NO. S-79-02-19 (AS AMENDED)
REPORT OF THE COMMITTEE ON FINANCE
We, your Committee on Finance to whom was referred an Ordinance
fixing the salaries and compensation of the elected City Officials of the City of
Fort Wayne, Indiana have had said Ordinance under consideration and beg
leave to report back to the Common Council that said Ordinance DO PASS
Amendment:
Mayor $32,000
Clerk $17,000
Councilmembers $ 5,500
William T. Hinga
James S. Stier
John Nuckols
Donald Schmidt
Concurred in 3-31-79 Charles W. Westerman
City Clerk
BILL NO. S-79-02-19 (AS AMENDED)
SPECIAL ORDINANCE NO . S-60-79
AN ORDINANCE fixing the salaries and
compensation of the elected City Officials
of the City of Fort Wayne , Indiana
WHEREAS, Section 48-1233 et seq. Burns Indiana Statutes Annotated,
Volume 9, Part 1, Replacement, provides that the Common Council of each city
shall, on ordinance duly enacted on or before the first day of April of the year in
which elections of city officers are held, fix the annual salaries of all elected city
officials; and
WHEREAS, the year 1979 is a year in which elections of city officers
are held.
566
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF FORT WAYNE, INDIANA:
SECTION 1. That from and after the first day of January , 1980, the
elected officials of the City of Fort Wayne, Indiana, shall receive the following
salaries per year in full for all governmental services, payable in bi-weekly
installments:
Mayor $32,000.00
Each member of the Common Council
of the City of Fort Wayne, Indiana $ 5,500.00
City Clerk of the City of Fort
Wayne, Indiana $17,000.00
SECTION 2. This Ordinance shall be published twice in a newspaper
printed in the English language and generally circulated in the City of Fort Wayne,
Indiana.
SECTION 3. This Ordinance shall be in full force and effect after its
passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the third time in full and on motion by Talarico, seconded by
Hinga and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Five
Burns , Hinga, Moses, Nuckols , Talarico
Nays: Three
Hunter, D. Schmidt, Stier
Absent: One
V. Schmidt
Date: 3-.31-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wajme,
Indiana as Special Ordinance No. S-60-79 on the 31st day of March, 1979.
ATTEST: (SEAL)
Charles W. ?7esterman James S. Stier
City Clerk Presiding Officer
567
Presented by me co the Mayor of the City of Fort Wayne, Indiana, on
the 2nd day of April, 1979, at the hour of 12:30 o'clock ^P.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 6 h day of April ,1979, at the hour
of 10: 00 o'clock A.M. ,E.S.T.
Robert E. Armstrong
Mayor
THE COUNCIL THEN ADJOURNED.
CERTIFICATE
I hereby certify that I am the duly elected, acting and incumbent
City Clerk of the City of Fort Wayne, Indiana and as such the custodian of
the records of the Common Council of said City and that the above and foregoing
is the true, full and complete record of the proceedings of the Common Council
of the City of Fort Wayne, Indiana for its Special Session,
held on Saturday _the . 31st day of March , 1979
that the numbered ordinances and resolutions shown therein were duly adopted
by said Common Council on said date and were presented by me to the Mayor
of the City of Fort Wayne and were signed and approved or disapproved by
said Mayor as and on the dates shown as to each such ordinance and resolution
respectively; and that all such records, proceedings, ordinances and resolutions
remain on file and record in my office.
WITNESS my hand and the official seal of the City of Fort Wayne,
Indiana, this_ 6 th__day of April ,1979.
Charles W. Westerman
City Clerk
Minutes approved and signed in open council this
April _ , 1979.
_day of
ATTEST: (SEAL)
CITY CLERK .
PRESIDING OFFICER
568
PROCEEDINGS OF THE COMMON COUNCIL
IN REGULAR SESSION
TUESDAY, APRIL 10, 1979
CITY OF FORT WAYNE, INDIANA
JOURNAL OF THE PROCEEDINGS
OF THE COMMON COUNCIL
The Common Council of the City of Fort Wayne met in the Council
Chambers Tuesday evening April 10, 1979, in Regular Session. Vice President
James S. Stier, in the chair, and Charles W. Westerman Clerk, at the desk, present
the following members seven viz:
Burns, Hunter, Nuckols, D. Schmdit, V. Schmidt, Stier,
Talarico
Absent: Two
Hinga, Moses
The invocation was given by Reverend Stephanie Weiner Assistant -
Plymouth Congregational Church.
COMMUNICATION FROM THE MAYOR
March 29, 1979
To the Common Council
Gentlemen and Mrs. Schmidt:
Today, March 29, 1979, I have approved the following ordinances passed by the
Common Council at its regular meeting of March 27, 1979.
(Bill No. A-79-03-01)
APPROPRIATION ORDINANCE NO. A-03-79
AN ORDINANCE appropriating funds from General Fund No. 010 to the Unemployment
Compensation Account of the 1979 Budget of the City Controller
MADE a
- _CHAk—
date—- -f
569
(Bill No. A-79-03-02)
APPROPRIATION ORDINANCE NO. A-04-79
AN ORDINANCE appropriating additional funds from the Aviation General Fund
No. 120 to the 1979 Budget of the Board of Aviation Commissioners
(EillNo. A-79-03-03)
APPROPRIATION ORDINANCE NO. A-05-79
AN ORDINANCE appropriating funds from General Fund No. 010 to set up department
in General Fund No. 010-123-4111 "Salaries"
(Bill No. A-79-03-04)
APPROPRIATION ORDINANCE NO. A-06-79
AN AN ORDINANCE retaining the budget for the Sanitary Officers Pension Fund in
the 1979 budget and appropriating certain funds thereto from General Fund No. 010
(Bill No. S-79-03-05)
SPECIAL ORDINANCE NO. S-50-79
AN ORDINANCE approving an Agreement to Purchase by McMahon Paper Company
(Bill No. S-79-03-06)
SPECIAL ORDINANCE NO. S-51-79
AN ORDINANCE approving a contract between Community Development and Planning
and Fort Wayne Metropolitan Human Relations Commission
(Bill No. S-79-03-31)
SPECIAL ORDINANCE NO . S-52-79
ORDINANCE AUTHORIZING THE CITY OF FORT WAYNE TO ISSUE ITS "ECONOMIC
DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, SERIES 1979 (PERFECTION
BISCUIT COMPANY PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT
THERETO
(Bill No. S-79-03-33)
SPECIAL ORDINANCE NO. S-54-79
AN ORDINANCE authorizing the issuance and sale of $4,000,000.00 First Mortgage
Revenue Bonds, Series 1979, Perfection Biscuit Company, Lessee of the City of
Fort Wayne, Indiana, for the purpose of defraying the cost of acquiring economic
development facilities for lease to Perfection Biscuit Company, authorizing the
execution of the Lease Agreement, providing for the pledge of revenues for the
payment of said bonds, authorizing a mortgage and indenture Of trust appropriate
or the protection and disposition of such revenues; and authorizing the sale of
said bonds
570
(Bill No. R-79-03-35)
RESOLUTION NO. R-14-79
A RESOLUTION finding, determining and ratifying an inducement resolution of the
Fort Wayne Economic Development Commission authorizing the issuance and sale of
$8,000,000.00 Economic Revenue Bonds of the City of Fort Wayne, Indiana, for the
purpose of inducing the applicant to proceed with the acquisition, construction and
equipping of the Project
Bill No. R-79-03-34)
RESOLUTION NO. R-15-79
A RESOLUTION finding, determining and ratifying an inducement resolution of the
Fort Wayne Economic Development Commission authorizing the issuance and sale of
$7,989,000 Economic Revenue Bonds of the City of Fort Wayne, Indiana, for the
purpose of inducing the applicant to proceed with the acquisition, construction and
equipping of the Project
(Bill No. G-78-06-33)
GENERAL ORDINANCE NO . G-07-79
AN ORDINANCE amending General Ordinance No. G-97 by authorizing the vacation
of a certain street
(Bill No. G-79-01-10)
GENERAL ORDINANCE NO . G-08-79
AN ORDINANCE amending General Ordinance No. G-97 by authorizing the vacation
of a certain street
(Bin No. G-79-01-25)
GENERAL ORDINANCE NO . G-09-79
AN ORDINANCE amending General Ordinance No. G-97 by authorizing the vacation
of a certain street
(Bill No. S-79-03-11)
SPECIAL ORDINANCE NO . S-55-79
AN ORDINANCE amending certain sections of Chapter 24 "Sewer and Sewerage Systems"
of the Code of the City of Fort Wayne, Indiana of 1974 to allow for water consumption
for sprinkling for a three month summer period
(Bin No. S-79-03-12)
SPECIAL ORDINANCE NO. S-56-79
571
AN ORDINANCE approving a contract with Bercot, Inc. for Sewer Improvement
Resolution No. 302-78
(Bill No. S-79-03-13)
SPECIAL ORDINANCE NO . S-57-79
AN ORDINANCE approving a contract with T & G Excavating, Inc. for Sewer
Improvement Resolution No . 876-78
(Bill No. S-79-03-14)
SPECIAL ORDINANCE NO . S-58-79
AN ORDINANCE approving City Utilities Purchase Order No. 0893 with Glenbrook
Dodge, Inc. for a vehicle for the Technical Services Department
(Bill No. S-79-03-15)
SPECIAL ORDINANCE NO . S-59-79
AN ORDINANCE approving City Utilities Purchase Order No. 0886 with DeHaven
Chevrolet, Inc. for a truck for the Water Maintenance & Service Department
(Bill No. S-79-03-32)
SPECIAL ORDINANCE NO . S-53-79
ORDINANCE AUTHORIZING THE CITY OF FORT WAYNE TO ISSUE ITS "ECONOMIC
DEVELOPMENT FIRST MORTGAGE REVENUE BONDS, 1979 (BRADTMILLER
PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT THERETO
Respectfully yours,
Robert E. Armstrong
Mayor
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
April 6, 1979
To the Common Council
Gentlemen and Mrs. Schmidt:
572
Today, April 6, 1979, I have approved the following ordinance passed by the
Common Council at its special meeting of March 31, 1979.
(Bin No. S-79-02-19)
(as amended)
SPECIAL ORDINANCE NO . S-60-79
AN ORDINANCE fixing the salaries and compensation of the elected City Officials
of the City of Fort Wayne, Indiana
Respectfully yours,
Robert E. Armstrong
Mayor
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
April 6, 1979
Mr. Samuel Talarico
1923 East State Street
Fort Wayne, Indiana
Dear Sam:
The Traffic Engineering Department has assured me that the installation of a
traffic signal at the intersection of Sherman and High can be substantiated by
one or more conditions found in the Manual on Uniform Traffic Control Devices.
The approximate cost to be $35,000 plus $10,000 to $12,000 to interconnect this
signal with the existing Spring-Sherman signal.
573
The application was prepared and forwarded to Indianapolis. Mr. Briggs, City
Engineer, has been in contact with Indianapolis and is assured that the application
will be approved. As soon as he receives word that it has been approved, I
will contact you.
Sincerely,
Robert E. Armstrong
Mayor
REA/vrr
Made k matter of record 4-10-79 Charles W. Westerman
City Clerk
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
27 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946). The proposed ordinance is
designated as:
Bill No. Z-79-02-08
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
574
Certified and signed this
28th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
28 March 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-08
2. From R3 to Ml
3. Intended Use: Truck :Storagefor RKO Bottlers
4. Plan Commission Recommendation: DO PASS
This Ordinance received a DO PASS recommendation for the following
reason:
a. This request is a logical request in light of the present use
of the property and surrounding properties.
If there are any questions with regard to this ordinance, please feel free
to call on us.
575
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on February 13, 1979, referred a proposed zoning map amendment to the City
Plan Commission which proposed ordinance was designated as Bill No. Z-79-02-08,
and,
WHEREAS, the required notice of public hearing on such proposed
ordinance has been published as required by law; and.
WHEREAS, the City Plan Commission conducted a public hearing on
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission
does hereby recommend that such proposed ordinance DO PASS for the
reasons that a need has been shown for the Land Use plan to be amended, the
amendment will be in the best interest of and benefit to the area involved and
of and to the City, and the amendment will not be detrimental to and does not
conflict with overall City Plan;
BE IT FURTHER RESOLVED that the Secretary is hereby directed to
present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Certified and signed this
28th day of March 1979
Thomas G. Adams
Secretary
576
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
27 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946). The proposed ordinance is
designated as:
Bill No. Z-79-02-35
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
27th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
March 27 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
577
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-35
2. From R2 to R1
3. Intended Use: Single Family Residential
4. Plan Commission Recommendation: DO PASS
This ordinance rezoning request was previously submitt ed and passed
as Bill No. Z-78-11-57. The legal description submitted to Council
under this bill number was incorrect and this new ordinance is being
resubmitted to correct the scrivenor's error in the first petition.
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on February 27, 1979, referred a proposed zoning map amendment to the City
Plan Commission which proposed ordinance was designated as Bill No. Z-79-02-35,
and,
WHEREAS, the required notice of public hearing on such proposed
ordinance has been published as required by law; and,
WHEREAS, the City Plan Commission conducted a public hearing on
578
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission
does hereby recommend that such proposed ordinance DO PASS for the
reasons that a need has been shown for the Land Use plan to be amended, the
amendment will be in the best interest of and benefit to the area involved and
of and to the City, and the amendment will not be detrimental to and does not
conflict with overall City Plan;
BE IT FURTHER RESOLVED that the Secretary is hereby directed to
present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Thomas G. Adams
Secretary
Certified and signed this
27th day of March 1979
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
28 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt;
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946) . The proposed ordinance is
designated as:
BILL NO. Z-79-02-33
579
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
28th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
March 28, 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 19, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-33
2. From R1 to Ml
3. Intended Use: Warehouse
4. Plan Commission Recommendation: DO NOT PASS
This ordinance was given a DO NOT PASS recommendation for the
following reason:
580
a. The Commission feels that they should discourage additional
industrial encroachment into this residential neighborhood.
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
28 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946) . The proposed ordinance is
designated as:
BILL NO. Z-79-02-09
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
28th day of ?4arch 1979
581
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
28 march 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-09
2. From RA to R3
3. Intended Use: Office Space
4. Plan Commission Recommendation: DO NOT PASS
This ordinance received a DO NOT PASS recommendation for the
following reasons:
a. It is our opinion that this request would .erode the adjacent
residential neighborhood.
b. There is adequate commercial zoning in the immediate area
that would accommodate this proposed use.
582
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND. PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on February 13, 1979, referred a proposed zoning map amendment to the
City Plan Commission which proposed ordinance was designated as Bill
No. Z-79-02-09; and,
WHEREAS, the required notice of public hearing on such proposed
ordinance has been published as required by law; and,
WHEREAS, the City Plan Commission conducted a public hearing on
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission does
hereby recommend that such proposed ordinance DO NOT PASS for the reasons
that no need has been shown for the Land Use Plan to be amended, the amendment
will not be in the best interest of and benefit to the area involved and of and
to the City, and the amendment will be detrimental to and conflicts with the overall
City Plan; and,
BE IT FURTHER RESOLVED that the Secretary is hereby directed
to present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Certified and signed this
28th day of March 1979
Thomas Adams
Secretary
583
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
28 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946). The proposed ordinance is
designated as:
BILL NO. Z-79-02-07
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
28th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
28 March 1979
Members of the Common Council
City-County Building
584
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-07
2. From R2 to R3
3. Intended Use: Quadraplex Housing
4. Plan Commission Recommendation: DO NOT PASS
This ordinance received a DO NOT PASS recommendation for the
following reason:
a. This request is not consistent with the existing zoning
or land uses in the block where the property is located.
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on February 13, 1979, referred a proposed zoning map amendment to the
City Plan Commission which proposed ordinance was designated as Bill
No. Z-79-02-07; and,
WHEREAS, the required notice of public hearing on such proposed
ordinance has been published as required by law; and,
585
WHEREAS, the City Plan Commission conducted a public hearing on
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission does
hereby recommend that such proposed ordinance DO NOT PASS for the reasons
that no need has been shown for the Land Use Plan to be amended, the amendment
will not be in the best interest of and benefit to the area involved and of and
to the City, and the amendment will be detrimental to and conflicts with the overall
City Plan; and,
BE IT FURTHER RESOLVED that the Secretary is hereby directed
to present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Thomas G. Adams
Secretary
Certified and signed this
28th day of March 1979
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
28 March 1979
The Common Council of the
City of Fort'Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946) . The proposed ordinance is
586
designated as:
BILL NO. Z-79-02-05
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
28th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
28 March 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment :
1. Bill No. Z-79-02-05
This ordinance was requested to be WITHDRAWN by written request of the
petition. Letter of withdrawal is attached.
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
587
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long 1 Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
28 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne , Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946) . The proposed ordinance is
designated as:
BILL NO. Z-79-02-32
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
28th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
588
The City of Fort Wayne
Office of City Plan Commission
28 March 1979
Members of the Common Council
City-County Building
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-32
2. From R1 & BiB to M2
3. Intended Use: Retail Outlet & Light Manufacturing
4. Plan Commission Recommendation: DO PASS with conditions.
This ordinance received a DO PASS recommendation for the following
reason and with the following conditions:
a. The rezoning will permit continued operation of existing
business.
CONDITIONS:
a. Perfect to a B-3-B
b. Rezone ONLY the East One-Half of Lot #75 and ONLY Lots #11 thru 15.
(This will leave Lots 16 thru 30 and the West 1/2 of Lot 75 as a buffer
between the residential property and the business.)
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
589
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on Februa^ 27, 1979, referred a proposed zoning map amendment to the City
Plan Commission which proposed ordinance was designated as Bill No. Z-79-02-32,
and,
WHEREAS, the required notice of public hearing on such proposed
ordinance has been published as required by law; and,
WHEREAS, the City Plan Commission conducted a public hearing on
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission
does hereby recommend that such proposed ordinance be PERFECTED TO A
B3B and ONLY THE EAST ONE-HALF OF LOT # 75 AND ONLY LOTS #11 THRU 15
and DO PASS for the reasons that a need has been shown for the Land Use
plan to be amended, the amendment will be in the best interest of and benefit
to the area involved and of and to the City, and the amendment will not be
detrimental to and does not conflict with overall City Plan;
BE IT FURTHER RESOLVED that the Secretary is hereby directed to
present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Certified and signed this
28th day of March 1979
Thomas G. Adams
Secretary
590
COMMUNITY DEVELOPMENT AND PLANNING
COMMUNICATION FROM CITY PLAN COMMISSION
29 March 1979
The Common Council of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Gentlemen and Mrs. Schmidt:
Attached hereto is the recommendation of the CITY PLAN COMMISSION on one
(1) ordinance concerning the amendment of the FORT WAYNE ZONING ORDINANCE
BOOK (General Ordinance Number 2836, amending Chapter 36 of the Municipal
Code of the City of Fort Wayne, Indiana, 1946) . The proposed ordinance is
designated as:
BILL NO. Z-79-02-04
Respectfully submitted,
CITY PLAN COMMISSION
Thomas Adams
Secretary
Certified and signed this
29th day of March 1979
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
The City of Fort Wayne
Office of City Plan Commission
Members of the Common Council
City-County Building
29 March 1979
591
One Main Street
Fort Wayne, Indiana 46801
Gentlemen and Mrs. Schmidt:
Attached hereto is a copy of a resolution pertaining to one (1) zoning ordinance
amendment acted upon by the City Plan Commission at their regular meeting
held March 26, 1979. In addition to the reasons outlined in the resolution, the
following are additional remarks pertaining to the ordinance involved.
1. Bill No. Z-79-02-04
2. From R2 to B1A
3. Intended Use: Professional • Offices
4. Plan Commission Recommendation: PERFECT TO AN R-3 and DO PASS
This Ordinance received a DO PASS recommendation for the following
reason:
a. The Commission feels that the best interest of both the
YWCA and the surrounding property owners can best be
served by perfecting this request from a B1A to an R3
and then having the YWCA apply to the Board of Zoning
Appeals for a variance for pro fessional office use.
If there are any questions with regard to this ordinance, please feel free
to call on us.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
AND PLANNING
Division of Long Range Planning and Zoning
Gary F. Baeten
Land Use Administrator
RESOLUTION OF ZONING ORDINANCE AMENDMENT RECOMMENDATION
WHEREAS, the Common Council of the City of Fort Wayne, Indiana,
on February 13, 1979, referred a proposed zoning map amendment to the Citjr
Plan Commission which proposed ordinance was designated as Bill No. Z-79-02-04
and,
WHEREAS, the required notice of public hearing on such proposed
592
ordinance has been published as required by law; and,
WHEREAS, the City Plan Commission conducted a public hearing on
such proposed ordinance on March 19, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission
does hereby recommend that such proposed ordinance PERFECTED TO AN
R-3 AND DO PASS for the reasons that a need has been shown for the Land
Use plan to be amended, the amendment will be in the best interest of and
benefit to the area involved and of and to the City, and the amendment will
not be detrimental to and does not conflict with overall City Plan;
BE IT FURTHER RESOLVED that the Secretary is hereby directed
to present a copy of this resolution to the Common Council at its next regular
meeting.
This is to certify that the above is a true and exact copy of a
resolution adopted at the meeting of the Fort Wayne City Plan Commission held
March 26, 1979.
Thomas G. Adams
Secretary
Certified and signed this
29th day of March 1979
To: Members of the Common Council Date: March 27, 1979
From: John Stafford, C.D. & P.
Subject: Wheatridge "I" Annexation
The City Plan Commission has recommended to the Council a "Do Pass" for the
immediate annexation of Wheatridge "I" . Enclosed is the resolution, the original
ordinance, and a copy of the study for the annexation of Wheatridge "I".
If you have any questions about this annexation, please feel free to contact this
office.
RESOLUTION OF THE CITY PLAN COMMISSION
WHEREAS , the Common Council of the City of Fort Wayne , Indiana
referred a proposed annexation for WHEATRIDGE I, BILL NO. X-79-02-41; and,
593
WHEREAS, the City Plan Commission reviewed such proposed ordinance
and fiscal plan on March 26, 1979;
NOW THEREFORE, BE IT RESOLVED that the City Plan Commission does
hereby recommend that such proposed ordinance DO PASS for the reasons that the
advantages to the City outweigh the disadvantages, the annexation will be in the
best interest of and a benefit to the area involved and of and to the City, the City
would continue to realize an active growth from the standpoint that development
has already taken place around the City, and the annexation will not be detrimental
to and does not conflict with the overall City plan;
BE IT FURTHER RESOLVED that the Secretary is hereby directed to
-present a copy of this resolution to the Common Council.
This is to certify that the above resolution was adopted at
the meeting of the City Plan Commission held on March 26,1979.
Thomas Adams
Secretary
Certified and signed this 25th day of March, 1979.
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 20/79/E
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
594
Respectfully submitted,
W. Terry Coonan
Chairman - Bord of Public Safety
Made a matter of record 4-10-79 Charles W. Westerman
City Clerk
RETURN CERTIFICATE
(Regulatory Resolution No. 20/79/E)
I hereby certify that I did this 29th day of March, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 20/79/E of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana
1974.
Terry Coonan
Chairman, Board of Public Safety
REGULATORY RESOLUTION NO. 20/79/E
(Adopted March 29, 1979 )
WHEREAS, Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions; and,
WHEREAS , a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to NO PARKING
(TEMPORARY) (EMERGENCY) AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 26, 1979 , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
595
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective March 29, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
NO PARKING (TEMPORARY)_(EMERGENCY)
Broadway (portions of) —both sides— from Berry St. to Rudisill Blvd.
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 21/79/E
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 4-10-79
Charles W. Westerman
City Clerk
596
RETURN CERTIFICATE
(Regulatory Resolution No. 21/79/E)
I hereby certify that I did this 2nd day of April, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 21/79/E of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana
1974. ■
Terry Coonan
Chairman, Board of Public Safety
REGULATORY RESOLUTION NO. 21/79/E
(Adopted April 2, 1979 )
WHEREAS , Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions, and,
WHEREAS, a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to STOP INTERSECTION
(EMERGENCY): 90 MINUTE PARKING 8: 00 AM TO 6: 00 PM (EMERGENCY): TWO
HOUR PARKING 8: 00 AM TO 6: 00 PM (EMERGENCY): DELETE: NO PARKING
(EMERGENCY) AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated March 29, 1979 , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective April 2, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof that che
FOLLOWING IS ESTABLISHED:
597
STOP INTERSECTION(EMERGENCY)
WoodshireDr. —stop— for Northgate Blvd.
90 MINUTE PARKING 8: 00 AM to 6: 00 PM (EMERGENCY )
Delaware Ave. —both sides— from Kensington Blvd. to Pemberton Dr .
TWO HOUR PARKING 8: 00 AM to 6: 00 PM (EMERGENCY)
Berry St. —north' side— from Maiden Lane to 100 ft. east of Ewing St.
DELETE
NO PARKING _ (EMERGENCY)
Berry St. —north side— from Maiden Lane to 100 ft. east of Ewing St.
COMMUNICATION FROM THE CHAIRMAN OF PUBLIC SAFETY
President of the Common Council
City of Fort Wayne, Indiana
Gentlemen and Mrs. Schmidt:
Attached herewith is an authenticated copy of the Board of Public Safety
Regulatory Resolution Numbers 22/79/E
For the purpose of enforcement, please make this communication and the attached
Regulatory Resolutions a matter of record and incorporate it into the minutes
of the next Common Council Meeting.
Respectfully submitted,
W. Terry Coonan
Chairman - Board of Public Safety
Made a matter of record 4-10-79
Charles W. Westerman
City Clerk
598
RETURN CERTIFICATE
(Regulatory Resolution No. 22/79/E)
I hereby certify that I did this 6th day of April, 1979 deliver
to each, the City Traffic Engineer, the Chief of Police, the City Attorney,
the City Clerk and the President of the Common Council of the City of Fort
Wayne, Indiana, respectively, a copy of the within Regulatory Resolution
No. 22/79/E of the Board of Public Safety of the City of Fort Wayne, duly
certified by me as Chairman of said Board, in accordance with the provisions
of Section 17-4 of Chapter 17, of the Code of the City of Fort Wayne, Indiana
1974.
Terry Coonan
Chairman, Board of Public Safety
REGULATORY RESOLUTION NO. 22/79/E
(Adopted April 6, 1979 )
WHEREAS , Section 17-4, Chapter 17 of the Code of the City of Fort
Wayne, Indiana of 1974 authorizes the Board of Public Safety to make temporary
or experimental regulations to cover special conditions; and,
WHEREAS , a special condition has arisen justifying the Temporary
Experimental Regulation hereinafter ordered, with regard to Renew & Extend
REgulatory Resolution 9/79/E: NO PARKING (EMERGENCY): AND,
WHEREAS , the City Traffic Engineer has, by written memorandum
dated April 5, 1979 , submitted to this Board his advice with regard to the
regulation herein adopted, which written memorandum is on file in the Office
of this Board;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY
OF THE CITY OF FORT WAYNE, INDIANA:
That, pursuant to the authority granted to this Board by Section 17-4
of Chapter 17 of the Code of the City of Fort Wayne, Indiana of 1974 to make
temporary or experimental regulations to cover special conditions, it is hereby
ordered, effective April 6, 1979 , and for a period of sixty (60) days thereafter,
and when signs are erected pursuant hereto giving notice thereof, that the
FOLLOWING IS ESTABLISHED:
599
NO PARKING
(EMERGENCY)
No. Clinton St.
—both sides—
from Penn Ave. to Coldwater Rd.
Coldwater Rd.
—both sides—
from Coliseum Blvd. to No. Clinton St
Edgewood Ave.
—both sides—
from Northrop St. to No. Clinton St.
BILL NO. A-79-04-01
APPROPRIATION ORDINANCE NO . A-
AN ORDINANCE appropriating certain funds
from the Revenue Sharing Trust Account
Fund 134 to various reserve funds
WHEREAS , the City of Fort Wayne is the recipient of certain Federal
money through the State and Local Fiscal Assistance Act of 1972; and
WHEREAS, this money has been set aside in a special Revenue
Sharing Trust Fund pursuant to said Act; and
WHEREAS, it is now necessary to appropriate said monies from the
Revenue Sharing Trust Account.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That there is hereby appropriated from the Revenue
Sharing Trust Account to the following various accounts of the 1979 budget of the
City of Fort Wayne , to wit:
TITLE
Communications Department
Signal Generators $ 9,000
Paging Terminal 12,900
Shop Test Fixtures 11,800
Dispatch Clocks 3,700
AMOUNT
$ 37,400
600
Humane Commission
Office Equipment (addition) $ 500
Desk, Chairs, Files (addition) 7,500
Motor Equipment 10,700
Animal Care Equipment 9,500
$ 28,200
Board of Public Works
Motor Equipment $ 13,000
Furniture & Fixtures 900
Office Equipment 3,500
Street Resurfacing 800,000
Repair Dikes & Storms 200,000
Environmental Clean Up 35,000
$1,052,400
City Clerk
File & Chairs
Weights & Measures
Car & Scales
Horizons Council
Contractual Economic
Development
Street Department
Street Sweeper
Leaf Removal Unit
Controller's Department
Insurance
Fire Department
$ 1,000
$ 5,200
$ 10,000
$ 40,000
16,000
$ 174,000
$ 1,000
$ 5,200
$ 10,000
$ 56,000
$ 174,000
3,500
Chairs, Beds, Etc.
$
$ 3,500
601
Police Departement
Police Cars (31)
Lights , Sirens , Etc .
Crime Laboratory
Buy Money/Vice Division
Traffic Engineering Department
$
145,000
5,000
40,000
15,000
File
$
250
Car & Truck
10,000
Computer Control
900
Signal Poles
10,000
Power Panels
1,200
Signal Controllers
10,000
Solid State Test Equipment
1,200
Local Street Box
19,400
Park Department
Autos, Trucks , & Mowers
$
63,475
Summer in the City
10,000
Summer Trees
15,000
E .M . S | Department
(2) Ambulances
$
60,000
Community Development & Planning
Urban Homesteading
$ 30,000
Emerg. Rehab. Loans
30,000
Downtown Semi Mall
200,000
Incomplete Neighborhood
Programs
26,000
Personnel
Summer Employment
$ 75,000
$ 205,00
$ 53,139
$ 88,475
$ 60,000
$ 286,000
$ 75,000
GRAND TOTAL 1979 REVENUE SHARING
RESERVE FUNDS ESTABLISHED $ 2,135,314
SECTION 2. That the unexpended and unappropraited balance of the
602
Revenue Sharing Trust Fund #134 of the City of Fort Wayne is hereby reduced in
the amount of $2,135,314.
SECTION 3. That the City Controller is hereby directed to provide
every member of this Council with a copy of his reports to the Secretary of the
Treasury as provided in the State and Local Fiscal Assistance Act of 1972.
SECTION 4. That the Mayor of the City of Fort Wayne is hereby requested
and charged to personally review and insure that each and every encumbrance and
expenditure of this money is in compliance with the intent of this Council as
specifically outlined in this Ordinance.
SECTION 5. This Ordinance shall be in full force and effect from and
after its passage, approval by the Mayor and legal publication thereof.
Vivian G. Schmidt
Councilwoman
Read the first time in full and on motion by V. Schmidt, seconded
by Nuckols, and duly adopted, read the second time by title and referred
to the Committee on Finance and Public Hearing to be held after due legal
notice, at the Council Chambers, , City-County Building, Fort Wayne, Indiana, on
Tuesday, the 24th day of April, 1979, at 7: 30 o'clock P.M.E.S.T.
Date: 4-10-79 Charles W. Westerman
City Clerk
EILL NO. A-79-04-02
APPROPRIATION ORDINANCE NO . A-
AN ORDINANCE transferring and appropriating
additional funds from the Thrid Year CDBG
Discretionary Funds for the renovation of the
Martin Luther King Center
WHEREAS, heretofore on September 13, 1977, the Common Council of
the City of Fort Wayne, Indiana, adopted Ordinance S-184-77 approving the
expenditure of $25,000.00 for the renovation of the Martin Luther King Center:
and
WHEREAS, due to a delay in starting the renovation, an additional
$10,000.00 is needed to cover increased construction costs, for which funds exist
603
in the Third Year CDBG discretionary funds available to be transferred and
reappropriated for such purpose, which additional appropriation has been re¬
commended by the City Controller.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE, INDIANA:
SECTION 1. That there is hereby transferred from the Third Year
CDBG discretionary funds and appropriated to the renovation of the Martin Luther
King Center, the sum of $10,000.00.
SECTION 2. That die unexpended and unobligated balance of the Third
Year CDBG discretionary funds is hereby reduced in the amount of $10,000.00.
SECTION 3. That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the first time in full and on motion by V. Schmidt, seconded
by Talarico, and duly adopted, read the second time by title and referred
to the Committee on Finance and Public Hearing to be held after due legal notice,
at the Council Chambers, City-County Building, Fort Wayne, Indiana, on Tuesday,
the 24th day of April, 1979 , at 7: 30 o'clock P.M . ,E.S .T .
Date: 4-10-79 Charles W. Westerman
City Clerk
BILL NO. S-79-04-03
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving an Agreement to
purchase Real Estate from Thomas
Swihart for Neighborhood Care , Inc .
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the Agreement to Purchase Real Estate dated March
27, 1979, between the City of Fort Wayne, by and through its Mayor and Neighbor¬
hood Care, Inc. , and Thomas Swihart, for:
604
East 22 feet of South 100 feet of Lot 14 Chute
Addition, Fort Wayne, Indiana
for the total cost of $3,500.00, all as more particularly set forth in said agreement
which is on file in the Office of Neighborhood Care, Inc., and is by reference
incorporated herein, made a part hereof and is hereby in all things ratified,
confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the first time in full and on motion by Talrico, seconded
by V. Schmidt, and duly adopted, read the second time by title and referred
to the Committee on Finance
Date: 4-10-79 Charles W. Westerman
City Clerk
BILL NO. S-79-04-04
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving an Agreement to
purchase Real Estate from David and
Flo Ann Cain for Neighborhood Care, Inc .
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the Agreement to purchase Real Estate dated April
2, 1979, between the City of Fort Wayne, by and through its Mayor and Neighbor¬
hood Care, Inc. , and David and Flo Ann Cain, for:
Lot 12 Romy's 2nd. Addition, Fort Wayne, Indiana
for the toal cost of $4,100.00, all as more particularly set forth in said agreement
which is on file in the Office of Neighborhood Care, Inc. , and is by reference
incorporated herein, made a part hereof and is hereby in all things ratified,
confirmed and approved.
605
SECTION 2. Thar this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
Read the first time in full and on motion by V. Schmidt, seconded
by Talarico, and duly adopted, read the second time by title and referred
to the Committee on Finance
Date: 4-10-79 Charles W. Westerman
City Clerk
BILL NO. S-79-04-05
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving a contract between
International Harvester Company and the City
of Fort Wayne by and through its Department of
Public Safety for Fire protection
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE j INDIANA:
SECTION 1. That the contract, dated March 26, 1979, between the City
of Fort Wayne, by and through its Mayor and Board of Public Safety and Inter¬
national Harvester Company, for fire protection from the Fort Wayne Fire Department
on specified grounds outside the city limits, described as follows, to wit:
All buildings and improvements of IHC located in an
area bounded by New Haven Avenue on the North; Meyer
Road on the East; Penn Central RR Tracks on the South
and Coliseum Boulevard on the West (including the
buildings facing on Pontiac Street extended, with
the exception of the ND Warehouse property (Harback
Realty Co. ) located on the SE corner of the above area.
SECTION 2. That the cost of International Harvester Company shall be
the sum of $65,937.38, which amount shall be deposited into Fund No. 110 "Fire
Fighting Fund" pursuant to Indiana Burns Statutes Annotated Sec. 48-6176.
SECTION 3. That said contract is on file in the Office of the Board
of Public Safety and is by reference incorporated herein, and made apart hereof, is
606
hereby in all things ratified, confirmed and approved.
SECTION 4. That this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Vivian G. Schmidt
Councilwoman
BILL NO. S-79-04-09
SPECIAL ORDINANCE NO . S-
AN ORDINANCE approving City Utilities
Purchase Order No. 0972 with Treaty
Company for equipment for the Water
Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0972, dated
March 23, 1979, between the City of Fort Wayne, by and through the City
Utilities Purchasing Agent and the Board of Public Works and Treaty Company,
for:
Various Ext. Kits for use with MueUer Fire Hydrants
in stock and in use for Water Maintenance & Service
Department,
at a cost of $2,790.84, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the first time in full and on motion by Burns, seconded
by Talarico, and duly adopted, read the second time by title and referred
to the Committee on City Utilities
Date: 4-10-79
Charles W. Westerman
City Clerk
607
BILL NO. Z-79-04-07
ZONING MAP ORDINANCE NO . Z-
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. N-19
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
FORT WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated
a B1A District under the terms of Chapter 33, Municipal Code of the City of Fort
Wayne 1 Indiana, 1974; and the symbols of the City of Fort Wayne Zoning Map
No. N-19, referred to therein, established by Section 33-11, of said Chapter
are hereby changed accordingly, to wit:
Lot No. 42 in Philley's Subdivision Amended to the
City of Fort Wayne, Indiana, commonly known as
900 East Pettit Avenue.
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the first time in full and on motion by Nuckols, seconded
by V. Schmidt, and duly adopted, read the second time by title and referred
to the Committee on Regulations and to the City Plan Commission for recommendation
Date: 4-10-79 Charles W. Westerman
City Clerk
BILL NO. G-79-04-08
GENERAL ORDINANCE NO . G-
AN ORDINANCE amending General Ordinance
No. G-97 by authorizing the vacation of a
certain road
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
608
SECTION 1. Petition for the vacation of a certain road, having been
filed with Fort Wayne City Plan Commission in accordance with Section 44, Chapter
174, of the Acts of the General Assembly of the State of Indiana, as amended by
Section 3, Chapter 383, of the Acts of 1963 of the General Assembly of the State of
Indiana (I.C. 18-7-5-46), the Thoroughfare Plan as set forth in General Ordinance
No. G-97 adopted by the Common Council of the City of Fort Wayne on November
26, 1963, is amended by deleting the following road, to wit:
Commencing at the southwest corner of Hatfield Road,
where Hatfield Road intersects with Interstate Highway
69 then east to the east boundry line of Hatfield Road
then north, a distance of 549,9 feet; then west 50 feet
to the west boundry line of Hatfield Road then south to
the point of beginning.
SECTION 2. After passage of this Ordinance, approval by the Mayor and
legal publication, a duly certified copy of this Ordinance, of the recommendation
of the Fort Wayne City Plan Commission, and of the action of the Mayor, shall be
trasmitted by the City Clerk to the Board of Public Works of the City of Fort
Wayne, Indiana.
SECTION 3. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the first time in full and on motion by Nuckols, seconded
by V. Schmidt, and duly adopted, read the second time by title and referred
to the Committee on Regulations and the City Plan Commission for recommendation
Date: 4-10-79 Charles W. Westerman
City Clerk
BILL NO. R-79-04-06
RESOLUTION NO. R-16-79
A RESOLUTION approving Section 8 -
Existing Project by the Housing
Authority of the City of Fort Wayne,
Indiana
609
WHEREAS , The Housing Authority of the City of Fort Wayne , Indiana,
(hereinafter called "Housing Authority"), proposes to operate a project under the
Housing Assistance Payments Program of Section 8 Existing Housing of the United
States Housing Act of 1973 as amended (hereinafter called "U.S. Housing Act");
and
WHEREAS , pursuant to Indiana's Housing Authorities Act as amended,
the Housing Authority may not initiate a project until it is approved by the local
governing body which activated the Housing Authority.
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF FORT WAYNE* INDIANA:
SECTION 1. That a project, which will be operated by the Housing
Authority pursuant to the Housing Assistance Payments Program of Section 8 of the
U.S. Housing Act and which will include assistance on behalf of up to approximately
fifty eligible elderly persons - fifty (50) units proposed for the elderly, to located
within a five-mile radius outside of the City of Fort Wayne, Indiana, Allen County,
is hereby approved.
SECTION 2. That this Resolution shall be effective upon passage and
approval by the Mayor.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
Talarico and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Resolution No. R-16-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
610
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M.,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. Z-79-02-04 (AS AMENDED)
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the Chy of Fort Wayne Zoning Map No. L-14 and M-14 have
had said Ordinance under consideration and beg leave to report back to the
Common Council that said Ordinance DO PASS (AS AMENDED)
John Nuckols
Samuel J. Talarico
Vivian G. Schmdit
James S. Stier
William T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-02-04 (AS AMENDED)
ZONING MAP ORDINANCE NO . Z-ll-79
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. L-14 and M-14
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
611
SECTION 1. That the area described as follows is hereby designated
an R-3 District Multiple Family Residential under the terms of Chapter 33,
Municipal Code of the City of Fort Wayne, Indiana, 1974; and the symbole of the
City of Fort Wayne Zoning Map No. L-14 and M-14, referred to therein, established
by Section 33-11, of said Chapter aie hereby changed accordingly, to-wit:
Legal Description of St. Vincent's Villa Property,
Part of the South Half of Section 35 , Township
31 North, Range 12 East, Allen County, Indiana
described as follows:
Beginning at an iron pin set at the intersection
of the South Line of Jacobs Street and the East
Line of Wells Street; thence North 89 degrees ,
59 minutes, 50 seconds East along the South Line
of Jacobs Street, 491.63 feet to a pin set;
thence South 00 degrees, 00 minutes, 10 seconds
East, 136.3 feet to a pin set; thence north 89
degrees, 59 minutes, 50 seconds East, 125.83 feet
to a pin set; thence North 00 degrees, 00 minutes,
10 seconds West, 136.3 feet to a pin set; thence
North 89 degrees, 59 minutes, 50 seconds East along
the South Line of Jacobs Street, 458.62 feet to an
iron pin set on the West Line of the 100-foot right-
of-way of the Fort Wayne & Jackson Railroad Company;
thence South 33 degrees, 27 minutes, 29 seconds East
along the westerly line of said 100-foot right-of-
way of the Fort Wayne & Jackson Railroad Company,
667.37 feet to a point marking the common property
line between Superior Metals/Penn Central Railroad
and the St. Vincent's Villa; thence South 18 degrees,
52 minutes, 42 seconds West along the said common
property line, 335. 08 feet to a point; thence South
89 degrees, 55 minutes, 08 seconds West continuing
along said common property line, 631.03 feet to a
pipe found; thence South 89 degrees, 55 minutes,
08 seconds West along the North Line of Putnam
Avenue , 618.84 feet to a pin set; thence North 45
degrees, 00 minutes, 50 seconds West, 18.36 feet
to a pin marking the East Line of Wells Street;
thence North 00 degrees, 03 minutes, 12 seconds
East along the East Line of Wells Street, 299.06
feet to a pin set; thence North 07 degrees, 23 minutes,
05 seconds West continuing along the East Line
of Wells Street, 568.10 feet to the Point of Beginning.
Containing therein 24.85 acres, more or less,
and subject to all legal easements and right-of-ways.
■ 4-ACRE EXCEPTION
Legal description of 0.4-acre tract, being an
612
exception of St. Vincent's Villa Property,
part of the South Half of Section 35, Township
31 North, Range 12 East, Allen County, Indiana,
described as follows:
Commencing at an iron pin at the intersection
of the South Line of Jacobs Street and the East
Line of Wells Street; thence North 89 degrees,
59 minutes, 50 seconds East along the South
Line of Jacobs Street, 491.63 feet to a pin set,
marking the Point Of Beginning; thence continuing
North 89 degrees, 59 minutes, 50 seconds East
along the South Line of Jacobs Street, 125.83
feet to a pin set; thence South 00 degrees,
00 minutes, 10 seconds East, 136.3 feet to a pin
set; thence South-89 degrees, 59 minutes, 50
seconds West, 125.83 feet to a pin set; thence
North 00 degrees, 00 minutes, 10 seconds West,
136.3 feet to the Point Of Beginning; containing
therein 0.4 acres, more or less, and subject to
all legal easement and right-of-ways. Said
tract has located on it two residences and a
garage.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage, approval by the Mayor and legal publication thereof.
William T. Hinga
Councilman
Read the third time in full and on motion by Nuckols, seconded by
Talarico and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D . Schmidt, V. Schmidt, Stier,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Zoning Map ORdinance No. Z-ll-79 on the 10th day of April, 1979.
613
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. Z-79-02-08
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the Cityof Fort Wayne Zoning Map No. L-10 have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S.. Stier
William T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
614
BILL NO. Z-79-02-08
ZONING MAP ORDINANCE NO . Z-12-79
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. L-10
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated
a M-l District - Light Industrial under the terms of chapter 22, Municipal Code
of the City of Fort Wayne, Indiana, 1974; and the symbols of the City of Fort
Wayne Zoning Map No. L-10, referred to therein, established by Section 33-11,
of said Chapter are hereby changed accordingly, to wit:
Lots 38, 40, 42 and 44 of the Northside Addition
in Fort Wayne, Indiana
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier ,
Talarieo
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Zoning Map Ordinance No. Z-12-79 on the 10th day of April, 1979.
ATTEST:
(SEAL)
Charles W. Westerman
City Clerk
James S. Stier
Presiding Officer
615
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M..E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P .M. ,E .S .T .
Robert E. Armstrong
Mayor
BILL NO. Z-79-02-35
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the City of Fort Wayne Zoning Map No. L-7 and Repealing
Zoning Map Ordinance no.. Z-04-79 have had said Ordinance under consideration
and beg leave to report back to the Common Council that said Ordinance
DO PASS
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
Wilkiam T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-02-35
ZONING MAP ORDINANCE NO . Z-13-79
AN ORDINANCE amending the City of Fort
Wayne Zoning Map No. L-7 and Repealing
Zoning Map Ordinance No. Z-04-79
616
WHEREAS, there appears to be a scrivenor's error in the legal
description in Zoning Map Ordinance No. Z-04-79 which should be corrected.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF FORT WAYNE, INDIANA:
SECTION 1. Zoning Map Ordinance No. Z-04-79 amending Zoning Map
No. L-7 is hereby repealed.
SECTION 2. That the area described as follows is hereby designated
a R1 District - One Family Residential, under the terms of Chapter 33, Municipal
Code of the City of Fort Wayne, Indiana, 1974; and the symbols of the City of
Fort Wayne Zoning Map No. L-7, referred to therein, established by Section 33-11,
of said Chapter are hereby changed accordingly, to wit:
Carl J. Weber's Addition - Lots #1 thru 15
A. Kinnaird's Addition - Lots #1 thru 15
Zollar's & Mason's Addition - Lots #21 thru 40
A.D. Bradriff's Addition - Lots #1 thru 45
Bond & Bradriff's Addition - Lots #31 thru 45
SECTION 3. That this Ordinance shall be effective upon passage
approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
Talarico and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier ,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Zoning Map Ordinance No. Z-13-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
617
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M . ,E.S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
BILL NO. Z-79-02-05
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the City of Fort Wayne Zoning Map No. S-14 have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance BE WITHDRAWN
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-02-07
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending the City of Fort Wayne Zoning Map No. J-7 have had said
Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO NOT PASS
618
John Nuckols
Samuel J. Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. Z-79-02-07
ZONING MAP ORDINANCE NO . Z-LOST
AN ORDINANCE amending the City of
Fort Wayne Zoning Map No. J-7
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated
a R3 District under the terms of Chapter 33, Municipal Code of the City of Fort
Wayne, Indiana, 1974; and the symbols of the City of Fort Wayne Zoning Map No.
J-7, referred to therein, established by Section 33-11, of said Chapter are
hereby changed accordingly, to wit:
Lot #15 in Sunny Side Gardens Addition - In
the NW 1/4 Sec. 15 T-30-N-R12E in Wayne Twp.
of Fort Wayne, Indiana (2230 Nuttman Ave.)
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage, approval by the Mayor and legal publication thereof.
• John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
V. Schmidt and duly adopted, placed on its passage. LOST by the following
vote:
Ayes: One
Burns
Nays: Six
Hunter , Nuckols, D . Schmidt, V . Schmidt, Stier, Talarico
Absent: Two Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
619
BILL NO. G-78-10-31
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulations to whom was referred an
Ordinance amending General Ordinance No. G-97 by authorizing the vacation
of a certain street have had said Ordinance under consideration and beg leave
to report back to the Common Council that said Ordinance DO PASS
John Nuckols
Samuel J . Talarico
Vivian G. Schmidt
James S. Stier
William T. Hinga
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. G-78-10-31
GENERAL ORDINANCE NO. G-10-79
AN ORDINANCE amending General Ordinance
No. G-97 by authorizing the vacation of
a certain street
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. Petition for the vacation of a-certain street having been
filed with the Fort Wayne City Plan Commission in accordance with Section 44,
chapter 174, of the Acts of the General Assembly of the State of Indiana, as
amended by Section 3, Chapter 385, of the Acts of 1963 of the General Assembly
of the State of Indiana (I.C. 18-7-5-46), the Thoroughfare Plan as set forth
in General Ordinance No. G-97 adopted by the Common Council of the City
of Fort Wayne on November 26, 1963, is amended by deleting the following
street, to wit:
"That portion of Rathert Lane, as east-west street,
approximately twenty-five (25) feet in width, said
portion running from the east property line of
620
Dusing Avenue to the west property line of Lot No.
5 in Fernhill Place Amended Addition to the City of
Fort Wayne, Indiana."
ALSO
"That portion of Dusing Avenue, a north-south street,
approximately fifty (50) feet in width, said portion
running from the south property line of Rathert Lane
to a point twenty-five (25) feet north of the south
property line of Lot No. 5 in Fernhill Place Amended
Addition to the City of Fort Wayne, Indiana."
SECTION 2. After passage of this Ordinance, approval by the Mayor
and legal publication, a duly certified copy of this Ordinance, of the re¬
commendation of the Fort Wayne City Plan Commission, and of the action of the
Mayor, shall be transmitted by the City Clerk to the Board of Public Works of
the City of Fort Wayne, Indiana.
SECTION 3. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Vivian G. Schmidt
Councilman
Read the third time in full and on motion by V. Schmidt, seconded by
Talarico and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D . Schmidt, V. Schmidt, Stier,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as General Ordinance No. G-10-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S . Stier
City Clerk Presiding Officer
621
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
EILL NO. S-79-03-22
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0914 with Asphalt
Maintnance, Inc. for pavement restoration for the Water Maintenance & Service
Department have had said Ordinance under consideration and beg leave to
report back to the Common Council that said Ordinance DO PAS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. : Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-22
SPECIAL ORDINANCE NO. S-61-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0914 with Asphalt
Maintenance, Inc. for pavement restoration
for the Water Maintenance & Service Department
622
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0914, dated
March 5, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Asphalt Maintenance, Inc.,
for:
restoration of approximately 800 asphalt street cuts
made by the Water Maintenance and Service Department
in the process of water main work being done, size of
the cuts unknown,
all as more particularly set forth in said Purchase Order, which is on file in the
Office of the Department of Purchasing and is by reference incorporated herein
and made a part hereof, be and the same is in all things ratified, confirmed and
approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier,
Talarico
Nays: None
Abs-ent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-61-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman
City Clerk
James S. Stier
Presiding Officer
623
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P .M . ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-23
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0935 with Hefner Chevrolet,
Inc. and City Utilities Purchase Order No. 0936 with Hoosier Truck Equipment,
Inc. for vehicles for the Water Maintenance & Service Department have had said
Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Paul M. Burns
Samuel J . Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
BILL NO. S-79-03-23
SPECIAL ORDINANCE NO. S-62-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0935 with Hefner
Chevrolet, Inc. and City Utilities
Purchase Order No. 0936 with Hoosier
Truck Equipment, Inc. for vehicles for
the Water Maintenance & Service Department
624
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0935, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hefner Chevrolet, Inc., for:
One 1979 one ton pick up with bed in amount of $5,776.00
and two 1979 one ton pick ups, cab and chassis only in
amount of $10,035.00, for Water Maintenance & Service
Department,
at a total cost of $15,810.00, all as more particularly set forth in said
Purchase Order, which is on file in the Office of the Department of Purchasing and
is by reference incorporated herein and made a part hereof, be and the same is in
all things ratified, confirmed and approved.
SECTION 2. That City Utilities Purchase Order No. 0936, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hoosier Truck Equipment,
Inc., for:
Two utility bodies for mounting on the above two pick ups
purchased from Hefner Chevrolet, Inc.,
at a cost of $3,352.00, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things ratified,
confirmed and approved.
SECTION 3. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier,
Talarico
Nays: None
Absent: Two
Hinga, Moses
625
Date: 4-10-79 Charles W. Westerman
City Clerk
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordin ance No. S-62-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979 , at the hour of 2: 00 o'clock P .M . ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-24
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0931 with Hersey Meter
Company for equipment for the Water Maintenance Service Department have
had said Ordinance under consideration and beg leave to report back to the
Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
626
BILL NO. S-79-03-24
SPECIAL ORDINANCE NO . S-63-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0931 with Hersey
Meter Company for equipment for the
Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0931, dated
March 13, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Hersey Meter Company,
for:
Water meter supplies and replacement parts for use
by the Water Maintenance & Service Department,
at a cost of $3,537.90, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter , Nuckols, D . Schmidt, V. Schmidt, Stier ,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79
Charles W. Westerman
City Clerk
627
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-63-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979 , at the hour of 2: 00 o'clock P .M . ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o’clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-25
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract with T & F Construction Corporation for Street
Light Improvement Resolution NO. 134-78, Victoria Park Addition have had
said Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Etier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
628
BILL NO. S-79-03-25
SPECIAL ORDINANCE NO. S-64-79
AN ORDINANCE approving a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 134-78, Victoria Park Addition.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 134-78,
for the installation of ornamental street lighting
in Victoria Park Addition,
for a total cost of $14,069.80, which will be paid under Barrett Law, all as more
particularly set forth in said contract which is on file in the Office of the Board
of Public Works and is by reference incorporated herein and made a part hereof,
be and the same is in all things hereby ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter , Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
629
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special ORdinance No. S-64-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M. .E.S.T.
Charles W. Westerman ,
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M.,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-26
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract with T & F Construction Corporation for Street
Light Improvement Resolution No. 135-78, East Central Phase III & IV Impact Area
have had said Ordinance under consideration and beg leave to report back
to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel ’ J . Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
630
BILL NO. S-79-03-26
SPECIAL ORDINANCE NO. S-65-79
AN ORDINANCE approving a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 135-78, East Central Phase III & IV
Impact Area.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 135-78,
for the installation of ornamental street lighting
for East Central Phase III & IV Impact Area,
for a total cost of $25,344.10, which will be paid by Community Development and
Planning funds, all as more particularly set forth in said contract which is on file
in the Office of the Board of Public Works and is by reference incorporated herein
and made a part hereof, be and the same is in all things hereby ratified, con¬
firmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter , Nuckols, D . Schmidt, V. Schmidt,
Stier, Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79
Charles W. Westerman
City Clerk
631
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-65-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding 1 Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o’clock P.M. ,E.S.'T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-27
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract with T & F ConstructionCorporation, for Street
Light Improvement Resolution NO . 132-78 , Devonshire Drive have had said
Ordinance under consideration and beg leave to report back to the Common
Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
632
BILL NO. S-79-03-27
SPECIAL ORDINANCE NO. S-66-79
AN ORDINANCE approving a contract with
T & F Construction Corporation, for
Street Light Improvement Resolution
No. 132-78, Devonshire Drive.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works, and T & F Construction Corporation, for:
Street Light Improvement Resolution No. 132-78, for
the installation of ornamental street lighting on
Devonshire Drive,
for a total cost of $6,593.60, which will be paid under Barrett Law, all as more
particularly set forth in said contract which is on file in the Office of the Board of
Public Works and is by reference incorporated herein and made a part hereof, be
and the same is in all things hereby ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be in full force and effect from
and after its passage and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter , Nuckols, D . Schmidt, V. Schmidt, Stier ,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
633
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-66-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M . ,E.S .T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. .E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-28
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving a contract for Water Contract No. 78-XP-3, between the
City of Fort Wayne, Indiana and NORTH Eastern Construction Company for
construction of water main have had said Ordinance under consideration and
beg leave to report back to the Common Council that said Ordinance
DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
634
BILL NO. S-79-03-28
SPECIAL ORDINANCE NO . S- 67-79
AN ORDINANCE approving a contract for
Water Contract No. 78-XP-3, between
the City of Fort Wayne, Indiana and
North Eastern Construction Company,
for construction of water main
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That a certain contract, dated March 14, 1979, between
the City of Fort Wayne, Indiana, by and through its Mayor and the Board of Public
Works and North Eastern Construction Company, for:
construction of a 16” water main along Rothman Road
from Meri-Wood Drive eastward 1000* LF, in Tanbark,
Section I,
under Board of Public Works Water Main Contract Agreement No. 78-XP-3, at a
total cost of $24,117.50, all as more particularly set forth in said contract which
is on file in the Office of the Board of Public Works and is by reference incorporated
herein and made a part hereof, be and the same is in all things hereby ratified,
confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage
and approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D . Schmidt, V. Schmidt, Stier ,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79
Charles W. Westerman
City Clerk
635
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-67-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979 , at the hour of 2: 00 o’clock P .M . ,E .S .T .
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-29 (as amended)
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0915 with Siebold-Price
Tree & Landscaping Co. , Inc. and City Utilities Purchase Order No. 0920 with
D & J Lawn Service for sod restoration for the Water Maintenance & Service
Department have had said Ordinance under consideration and beg leave
to report back to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J . Talarico
Vivian G. Schmidt
Donald J . Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
636
AMENDMENT:
Approve P.O. #0915 only
Delete: P.O. #0920
BILL NO. S-79-03-29 (as amended)
SPECIAL ORDINANCE NO. S-68-79 (as amended)
AN ORDINANCE approving City Utilities
Purchase Order No. 0915 with Siebold-Price
Tree & Landscaping Co., Inc. for restoration for
the Water Maintenance & Service Department
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0915, dated March
5, 1979, becween the City of Fort Wayne, by and through the City Utilities Purchasing
Agent and the Board of Public Works and Siebold-Price Tree & Landscaping Co. ,
Inc. for:
restoration necessary as result of water hydrant
repair/installation being done by the Water
Maintenance & Service Department, the landscaping
company to do approximately 500 restorations,
all as more particularly set forth in said Purchase Order, which is on file in the
Office of the Department of Purchasing and is by reference incorporated herein and
made a part hereof, be and the same is in all things ratified, confirmed and approved.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols , D . Schmidt, V. Schmidt,
Scier, Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79
Charles W. Westerman
City Clerk
637
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-68-79 (as amended) on the 10th day of
April, 1979.
ATTEST: (SEAL)
Charles W. Westerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the 11th day of April, 1979, at the hour of 2: 00 o'clock P.M. .E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. S-79-03-30
REPORT OF THE COMMITTEE ON CITY UTILITIES
We, your Committee on City Utilities to whom was referred an
Ordinance approving City Utilities Purchase Order No. 0948 with Cambridge
Memories, Inc. for Computer Memory Equipment in Data Processing Department
have had said Ordinance under consideration and beg leave to report back
to the Common Council that said Ordinance DO PASS
Paul M. Burns
Samuel J. Talarico
Vivian G. Schmidt
Donald J. Schmidt
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
638
BILL NO. S-79-03-3Q
SPECIAL ORDINANCE NO. S-69-79
AN ORDINANCE approving City Utilities
Purchase Order No. 0948 with Cambridge
Memories, Inc. for Computer Memory
Equipment in Data Processing Department.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That City Utilities Purchase Order No. 0948, dated
March 16, 1979, between the City of Fort Wayne, by and through the City Utilities
Purchasing Agent and the Board of Public Works and Cambridge Memories, Inc.,
for:
The purchase of add on computer memory (already installed
on lease, stabilized and functioning reliably) in Data
Processing Department,
at a cost of $26,634.50, all as more particularly set forth in said Purchase Order,
which is on file in the Office of the Department of Purchasing and is by reference
incorporated herein and made a part hereof, be and the same is in all things
ratified, confirmed and approved.
SECTION 2. That this Ordinance shall be effective upon passage and
approval by the Mayor.
Paul M. Burns
Councilman
Read the third time in full and on motion by Burns, seconded by
V. Schmidt and duly adopted, placed on its passage. Passed by the following
vote:
Ayes: Seven
Burns, Hunter, Nuckols, D. Schmidt, V. Schmidt, Stier,
Talarico
Nays: None
Absent: Two
Hinga, Moses
Date: 4-10-79
Charles W. Westerman
City Clerk
639
Passed and adopted by the Common Council of the City of Fort Wayne,
Indiana as Special Ordinance No. S-69-79 on the 10th day of April, 1979.
ATTEST: (SEAL)
Charles W. Wescerman James S. Stier
City Clerk Presiding Officer
Presented by me to the Mayor of the City of Fort Wayne, Indiana, on
the lltn day of April, 1979, at the hour of 2: 00 o’clock P.M. ,E.S.T.
Charles W. Westerman
City Clerk
Approved and signed by me this 17th day of April, 1979, at the hour
of 4: 00 o'clock P.M. ,E.S.T.
Robert E. Armstrong
Mayor
BILL NO. Z-79-02-33
REPORT OF THE COMMITTEE ON REGULATIONS
We, your Committee on Regulat ions to whom was referred
an Ordinance amending the City of Fort Wayne Zoning Map No. N-22 have
had said Ordinance under consideration and beg leave to report back
to the Common Council that said Ordinance DO PASS
John Nuckols
Samuel J. Talarico
James S. Stier
Concurred in 4-10-79 Charles W. Westerman
City Clerk
640
BILL NO. Z-79-02-33
ZONING MAP ORDINANCE NO. Z-
AN ORDINANCE amending che Cicy of Fort
Wayne Zoning Map No. N-22
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT
WAYNE, INDIANA:
SECTION 1. That the area described as follows is hereby designated
a M-l District - Light Industrial under the terms of Chapter 33,.' Iunieipal Code
of the City of Fort Wayne, Indiana, 1974; and the symbols of the City of Fort Wayne
Zoning Map No. N-22, referred to therein, established by Section 33-11, of said
chapter are hereby changed accordingly, to wit:
Lot number 95 in third Highland Park Addition to the City
of Fort Wayne, Indiana, more commonly known as
511 Constance Avenue, Fort Wayne, Indiana
SECTION 2. That this Ordinance shall be in full force and effect
fx*om and after its passage, approval by the Mayor and legal publication thereof.
John Nuckols
Councilman
Read the third time in full and on motion by Nuckols, seconded by
Talarico and duly adopted, placed on its passage. LOSTby the following
vote:
Ayes: Six
Burns, Hunter, Nuckols, D. Schmidt, Sder, Talarico
Nays: One
V. Schmidt
Absent: Two
Hinga, Moses
Date: 4-10-79 Charles W. Westerman
City Clerk
MOTION FOR A RECONSIDERATION VOTE
MADE BY COUNCILMAN JOHN NUCKOLS
REGARDING BILL NO. Z-79-02-33
April 10, 1979
641
Having voted withthe majority and having - moved for reconsideration of the above
bill at the reg'ular meeting of the Common Council held on AprillO, 1979, I hereby
give written notice of my intention to ask the Common Council to reconsider said
Bill No. Z-79-02-33 at its next regular meeting.
*
Joan Nuckols
Councilman 1st District
THE COUNCIL THEN ADJOURNED.
CERTIFICATE
I hereby certify that I am the duly elected, acting and incumbent
City Clerk of the City of Fort Wayne, Indiana and as such the custodian of
the records of the Common Council of said City and that the above and foregoing
is the true, full and complete record of the proceedings of the Common Council
of the City of Fort Wayne, Indiana for its Regular _Session,
held on Tuesday _the_ 10th _day of April _, 1979
that the numbered ordinances and resolutions shown therein were duly adopted
by said Common Council on said date and were presented by me to the Mayor
of the City of Fort Wayne and were signed and approved or disapproved by
said Mayor as and on the dates shown as to each such ordinance and resolution
respectively; and that all such records, proceedings, ordinances and resolutions
remain on file and record in my office.
WITNESS my hand and the official seal of the City of Fort Wayne,
Indiana, this 17th _day of April _ , 1979 .
Charles W. W T esterman
City Clerk
Minutes approved and signed in open council this 24ch day of
April _ , 1979.
ATTEST: (SEAL)
CITY CLERK
PRESIDING OFFICER
