10/11/1932 Board of Public Works Minutes

Home Browse Search

111198 Tuesday, October filth., 1932 ere would i6ot have valid ground for complaint against the city of South Bend maintain- ing said parking lot, but that since no fees whatsoever are charged for the use of said lot, and the city is actually disbursing from its treasury salaries, upkeep and rentals that are not returned to taxpayers, the said city and the officers responsible therefor are in effect using money. of the taxpayers to deprive other taxpayers (parking I lot owners and lessees) of incom ,upon their property by reason of the fact that the city of South Bend is rendering free service and using. the money of the very taxp avers against whom said city has enetered into competition to pay for parking privileges of others who wouldnormally use the services of such parking lot owners and lessees. Your petitioners would respectfully represent that in their opinion d on opinion of council the city of South Bend, is without authority whatsoever to enter into any parking lot contract or lease because as declared by the • Appe lla to court of Ind iana , and the Supr ene Court of Indiana: i "A Municipal corporation of Indiana possesses only such powers ar are expressly #ranted to it by the Legislature and those powers which are necessarily or faitty implied or incidental to the pourers expressly granted, and those powers that are essential to the declares objects and. purposes of the municipality; and all persons dealing with municipal corporations are charged with notice �' such j limited powers with knowledge that no right can be acquired by them Tbabed-upon any act of the municipal authority where . there is want of power to so act" G City of South Bend vs Chicago, South Bend and Northern Indiana lRy. Co. 179 Ind. 455. Scott et al vs City of LaPorte et al. 162 Ind.34 Bartles vis City of Garrett, 89 Ind. App. 349. City of Indianapolis vs Link Realty L'o. 179 ITE574 We respectfully request, therefore, that the City council do and take one of two steps; notify the owners of said ground from which the city has under- taken to lease the same that the lease is void and candelled; or, that this council do requdre such regulations and charges to be made affecting the said use of sai d 1 parking lot to the end that the income therefrom will at least equal or exceed the expense of operation including the payment of rentals under any lease or contract the said City of South Bend, Indiana,, has and eF taken to make with others. signed by Holycro ss & Nye, Central P�, rk ing Place, James A. Judie Central Garage, The Big Lot, Lopp Service, - South Bid P§rking Lot Co. A. k'. Allen, J. ioffman J. h% Miller, H. G. Schricker, Ireland. Garage, E. A. Ireland. The Board asked the two councilmen present to obtain the sentiments I i of the other membe-_rs of the Council. 1 r. Hull reported that he had personally talked i over the phone with all of the members of the Council except Ivr. John Hiss, who is out of the City, and these members were favorable to having the Board of Works comply with the petition presented to the Council. It was therefore, by unanimous vote, decided J' • ;I that beginning- Thursday, October 13th. , 1932, a fee of .100- be charged for all cars using said Municipal Parking Lot. Clerk instructed to advise Street Commissioner Guy D. Staples, so that the signs at the parking lot may be changed.