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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, 







493 


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- 








510 


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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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511 


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