10-10-38 Council Meeting Minutes

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Councilmen Kerner moved thpt said be placed on file. Councilman Chambers seconded the motion. Motion carried. PETITIONS: PETITION FOR ACQUISITION OF ELECTRIC LOCAL PUBLIC UTILITY TO THE COMMON CO?TNC�IL OF THE CITY OF SOUTH BE STD INDIANA We, the undersigned residents and voters (constituting more then five per cent of for all candidates for City Clerk at the HEREBY PETITION THE COMMON COUNCIL of sn condemnation proceedure, and operate: of the City of South Bend, St. Joseph County, Indian. -, the voters of said city as shown by the total votes ca last precee& -g city election held in November 1934) id City to acquire by purchase negotiation or by legal The public utility electric local property owned. and operated by Indic.ne. end Michigan Electric Company loceted in the City of South Bend and in the rural territory within six miles of the corporate limits of South Bend, provided that the electric utility property to be so acquired b used and useful in serving said city end the public rithin ssid city and adjacent rural territo This petition is circulated and filed under the provisions of Chapter 76 of the Acts of the Indiana Generpl Assembly for the year 1913, end all laws emendetory thereof and supplemental thereto, pnrticulPrly Chapter 190 of the Acts of 1933, Chapter 293 of the Acts of 1935, and Chapter 113 of the acts of 1937• We further petition the Common_ Council to order P smcinl election on the aBove proposition.G,t the ePrliest possible dote as stipulated in Section 1. of Chapter 190 of Indiana Acts of 1933: and elso when Pnd if the above electric utility property is acquired by the city we request thnt the mPnng_ement Pnd operation thereof be placed under Pn independent Utility Service Board with Board of Trustees as set forth in Section 19 Chapter 190 of Indiana ;acts of 1933- ( 383 signers) Councilman Chambers moved saaid petitions be accepted Pnd placed on file. Councilman Rasmussen seconded the motion. Councilmen Goetz moved to amend Councilmen Chambers' motion, th*t said petitions be referred to the Weys & `Weans Committee. Councilmen Bierwagen seconded the motion. Motion carried. Counci.lmt n Chambers moved Ordin.e:nce No. 3261 have its third reeding. No. second. Councilman Goet moved that the City Attorney be instructed to file pleadings and have herring as !soon as possible. Councilman Fish seconded the motion. Motion carried. TO THE COMP.F.ON COUNCIL OF THE CITY OF SOUTH BEND SOUTH BEND, INDIANA The undersigned.,would respectfully show to your honornble body: 'l - That the undersigned end each of them are taxpayers end owners of lots iri Sunnymede., an Addition to the City of South Bend, India.ne, fronting on East Wayne Street, in said City, between Greenlawn Avenue Pnd Eddy Street; .r 2 - That Wayne Street, PfcresPid, passes through P residential district .in said City, end that said district is highly restricted for the purpose of establishing a, preferred residential area in said City; 3 - That since 'the platting of said addition in 1926, the high restrictions have been fully complied with, end vest sums of money expended in buildings and improvements in said Addition with the result that sxid Wayne Street between said Greenlawn Avenue end said Eddy Street hps been developed into one of the most desirable residenti,nl districts In Bouth Bend. . . . . 4 - That in spite of the cherPoter of sPid. residential district, numerous freight operators Pre now, and hPve for some time past, been using said portion of Wayne Street as P. freight truck route; that said trucks are operated throughout the dAy 2nd night and constitute a- nuisance in said neighborhood; that, said trucks emit foul ?nd malodorous gasses, are extremely noisy in operation., and constitute 2 hPzard to other motor vehicles operating upon said street/ . 5 - That the use of said WPyne Street in said City as a. truck route, if permitted to continue will cause sPid district to delareciate substnntiall.y in value with loss to the owners and ta,x- ppyer s of sn id area. 6 - Thnt said Wayne Street is not P through street in the City of South Bend, but is a. dead- end street nt Greenlewn Avenue and at Howard Dark; that said street, between said Greenlawn Avenue and said Eddy Street is a winding street and is compnra.tively nawTow; the:t there is a. parkway, in the center of said 'Mayne Street and that around said parkway said street is extremely narrow: that said street throughout said distance is not sufficiently wide to permit both freig4i trucks and automobiles to pass without danger to said automobiles and the occupants thereof; that due to the e,rea within which said freight trucks are able to turn, great danger :.rises of collision and resultant property demage �.nd personal injuries at the point where said freight trucks enter upon said Wayne Street at Greenlawn Avenue. 7 - That the pavement on seid Wayne Street was constructed and designed for pleasure vehicles end wa.s not constructed end designed for heavy traffic such as freight trucks; the.t if use for freight trucks is permitted to continue, said street will deteriorate in less thn.n its expented life, and cause additional and unnecessary expense to the taxpayers of the ecrnmunityl 9 - Thnt since sPid street is not a highway pPssing through the City for any considerable distance, but has dead. ends within a comparatively short distance, no reason exists for its use as a freight truck ht- hway. 9 - Th?t ssid Street is not e through street Pnd Putomoblles approFchinp° said street at its vnriou.s intersections are not required to stop before entering upon szid Wayne Street; that by