10/07/74 Board of Public Works Minutes

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2 1, e:. Y RECOMMENDATION REGARDING RELIGIOUS SERVICES ON RIVER BEND PLAZA An application from Rev. Henry Underwood to conduct Street Services on River Bend Plaza on a regular basis was referred by the Board to the Legal Department and the River Bend Plaza Advisory Committee. The Board received a letter from Louis Wilcox, Director of River Bend Plaza, advising them that the Advisory Committee, at its meeting on October 1, 1974 passed the following motion: That the Committee go on record as opposing any religious services being held on the Plaza. Upon motion made, seconded and carried, the letter was ordered filed. The Board received a recommendation from Kathleen Cekanski, Deputy City Attorney, that the application not be approved. Miss Cekanski indicated she had conferred with City Attorney James A. Roemer and he concurred. To allow the street services would be an advancement of religion and violative of the Establishment Clause of the Constitution and would also violate the equal protection rights guaranteed all other groups. Additionally, it was.,pointed out that the application was neither favorably or.unfavorably recommended by the Director of River Bend Plaza and, therefore, the Board would be unable to take any action on the application. Upon motion made, seconded and carried, the Board filed the recommendation and it was determined that any subsequent requests be reviewed on a case -by -case basis. The application of Rev. Underwood was directed returned to the River Bend Plaza Director with the request that no applications be submitted to the Board for GL7 approval unless they have a recommendation from the Director. W STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period of September 26 through October 3, 1974 was received and ordered filed. BOND APPROVED Ray Andrysiak, Bureau of Engineering, advised the Board that the continuation certificate for the Excavation Bond of Woodruff and Sons, Inc. was properly executed and could be approvd.d. Upon motion made, seconded and carried, the bond was approved to 11/2/75. AGREEMENT - SOUTH SHORE RAILROAD RE: ABANDONMENT OF TRACK The Board received an agreement between the City of South Bend and the Chicago South Shore and South Bend Railroad Company. The agreement covers the abandonment of the South Shore Track from Johnson Street east to the end of the line at LaPorte Avenue to allow for construction of the Colfax -Orange Street Connector. The city will assume responsibility for the removal of the track and repair of the street surface. Upon motion made, seconded and carried, the Board signed the agreement which will now be submitted to the South Shore Railroad for signature. DISCUSSION OF TAXICAB COMPANIES Mr. Bert Liss and Mr. Sharp were present. Mr. Liss said he understood the Board had an application for a new taxicab company in South Bend. He said he has operated the Indiana and South Bend Yellow Cab Company since 1928, and South Bend can barely support one cab company. He noted that Fort Wayne has only one cab company. He said his cab company cannot use all the licenses it has at the present time. Mr. Liss said, with the gasoline situation and the economic problems at present, he would request that the Board not allow another cab company to operate in South Bend. Mr. Farrand said the application for the new cab company is under advisement at the present time and the Board is not ready to make a decision on the matter. He said he expects the matter to be before the Board on Monday, October 14 and Mr. Liss was informed he could be present at that time.