10-10-32 Council Meeting Minutes

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MINUTES. REGULAR '-:MEETING. J�C) 3 Be it Remembered that the Common Council of the City of South Bend, Indiana,tmAt in the Regular Session in the Council Chambers a in the City Hall, Monday evening, October 10th, 1932 at the hour of 7 :50 m& o'clock P. M. All Members present. President Nelson presided. The Minutes of the previous meeting were read and on Motion of Councilman Hull were =accepted as read. Motion carried. { PETITION. State of Indiana BEFORE THE CITY COUNCIL OF THE CITY.OF St. Joseph County SS: SOUTH BEND City of South Bend IN THE MATTER"OFOMUNICIPAL PETITION OF TAX PAYERS TO DISCONTINUE FREE PARKING PARKING LOTS We, the undersigned, citizens, residents and taxpayers of the city of South Bend, St:' Joseph County, Indiana, respectfully petition your honorable body that in the operation of the municipal parking lot in the city of South Bend, Indiana, there is being paid and disbursed, without warrant of law, out of the-city treasury, and out of your petitionerst money, collected from your petitioners as such taxpayers, large sums to defray the cost and expense, leasehold and operating charges of the munidipal parking lot at-LaSalle Street bridge,,without any return to the city to defray the same.` Your petitioners respectfully represent that so long as the income from said parking lot equalled or exceeded the rental charges and operating expenses, your petitioners would not have valid ground for complaint against the city of South Bend maintaining said parking lot, but that since no fees whatsoever are charged for the use of said lot, and the city is actually disburs- ing from its treasury salaries, upkeep and rentals that ate not returned to taxpayers, the said city and the officers responsible therefor are in effect using money of the taxpayer's to deprive other taxpayers ( parking lot owners and lessees) of income upon their pmroperty by reason of the fact that the city of South Bend is rendering free service and using the money of the very taxpayers against whom said city has entered into competition to pay for parking privileges of others who would normally use the services of such parking lot owners and lessees. Your petitioners would respectfully represent that in thei§ opinion and on opinion of counsel the city of South Bend, is without authority whatsoever to enter into any parking lot contrac§ or lease because_ as declared by the Appellate court of , Indiana, and the Supreme 06urt of Indiana; " A Municipal comporation in Indiana possesses only such powers as are expressly granted to it by the Legislature and those powers which are necessarily or,fairly implied or incidental to the powers expressly granted, and those power that are essential to the declared objects and purposes_of the municipality; and all persons dealing with municipal corporations are charged with notice of such limited powers with knowledge that no right can be acquired by them based u�on any act of the municipal authority where there is a want of power to so act City of South Bend vs dhicaga. South Bend & Northern Indiana Ry. Co. 179 Ind.' 455, Scott et al vs City of LaPorte et a1.�162 Ind. 34., Battles vs City of Garrett, 99 Ind.' App. 3493, City of Indianapolis, vs Link Realty Co. 179 N.E: 5740