SPECI.9L CALL
<br />TO THE MEMBERS OF THE COMMON COUNCIL:
<br />I hereby call a special meeting of the Common Council of the City of South Bend, to meet at the Council 0hambers in
<br />the City Hall, at 7:50 P.M., on the 12th day of December, 1939, for the purpose of considering the following busines
<br />An ordinance repealing Ordinance No. 1275.
<br />An ordinance approving a contract for current for traffic
<br />control devices, etc., with the I & M Electric Co.
<br />An ordinance approving a street lighting contract with I & M
<br />Electric Co.
<br />An ordinance amending Ordinance No. 2979.
<br />An ordinance providing for licensing of roller skating rinks.
<br />Considering all communications, remonstrances, and petitions
<br />and receiving committee reports.
<br />Signed this 12th day of December, 1939.
<br />J. I. PAVEY
<br />.MAYOR, CITY OF SOUTH BEND, INDIANA
<br />C O,k4MJNI CATION
<br />To the Common Council:
<br />Gentlemen:
<br />Early this year some of the members of the Council contacted members of the Board of Safety relative to enforcement
<br />of Ordinance No. 2183 which deals with the elimination of shoe shining stands and fruit stands of any sort from
<br />the public sidewalks and highways of the city of South Bend. The feeling of the members of the Council who dis-
<br />cussed this matter with the Board was that this should be enforced.
<br />Several food merchants, and particularly, three or four merchants in the vicinity of Michigan Street and Western
<br />Avenue have been in the practice of having baskets of fruit and vegetables and other food stuffs on the sidewalks
<br />in front of their places of business. In answer to numberless requests, we asked the Police Department to warn
<br />them to remove their produce. This brought in a storm of protest from the affected parties; however, we persisted
<br />in our attempts to remove the produce from the sidewalks and after one arrest for violation of the city ordinance
<br />and a conviction in City Court, we succeeded in getting the produce removed from the sidewalks. However, recently
<br />they have insisted in putting the produce out. We have warned them that a continuation of this practice would
<br />mean further arrests and as a result, three or four conferences have been held before the Board.
<br />We called their attention to the fact that the matter of enforcement of this ordinance had been urged on us by
<br />members of the Council and that we felt that it should be enforced. We felt further that if they are to be permitte
<br />to use the public sidewalk for the purpose of conducting their business, then the same privilege should be extended
<br />to every other merchant in town, which, if practiced, would made an intolerable situation. They have insisted,
<br />however, that the enforcement of the ordinance would work an undue hardship on them and, in some instances, force
<br />merchants out of business. We told them that as long as the Council insisted on enforcement, we would continue to
<br />enforce it. It was then suggested that the matter might be brought before the Council for the Council's attention.
<br />We understand that a committee representing these merchants will appear before the Council on Tuesday evening,
<br />December 12, 1939, and for that reason, we are making this report to inform you what has been done up to this time.
<br />The only exception that we have made in the strict enforcement--of this ordinance so far is in the`case of Christmas
<br />trees. It has been the custom for some years in' South Bend to permit merchants to have trees in frotb of their
<br />establishments on the sidewalks. This practice is continued this - year. We called the attention of the merchants
<br />to this ordinance and the fact that they are violating it by putting trees on the sidewalks. and they stated that
<br />we would work a..hardship on them if we enforced it this year as they had a large number of trees purchased and-:
<br />no place to put them unless they were placed on the sidewalk and since they had no notice of the intention to
<br />enforce this ordinance and that its enforcement now would cause them considerable loss of money. We agreed that
<br />in view of the fact that in many cases they had no previous notice, that we would permit some trees to be displayed
<br />in front of their business establishments on the sidewalks so long as they did not abuse the privilege by obstruct-
<br />ing too much of the sidewalk with trees.
<br />At the same time we warned them that after this year we would enforce the ordinance as against Christmas trees in
<br />the event the ordinance is not changed.
<br />This has been a particularly vexing problem to the Board of Safety and Police Department and we would appreciate
<br />any advice you have to offer in regard to the situation.
<br />Respectfully submitted,
<br />BOARD OF PUBLIC SAFETY
<br />By George N. Beamer
<br />Chairman
<br />Councilman Hull stated that several of the fruit dealers had been in touch with him and requested that they be
<br />allowed to continue their sidewalk displays until the first of the year. Councilman Hull made a motion that the
<br />council concur with their request and the sidewalk displays be allowed until January 1, 1940. Councilman Pulaski
<br />seconded the motion. Motion carried, 7 - ayes, 0 - nays, 2 absent(Heideman and Niezgodski).
<br />REMONSTRANCE
<br />To the City Council,
<br />South Bend, Indiana
<br />We, the undersigned property owners, representing more than twenty (20%) per cent of the property located on
<br />Lincolnway West, between College Street and Brookfield Street, and on College and Brookfield Streets immediately
<br />North and South of Lincolnway West, hereby remonstrate to the changing of Lots 54 and 55 Augustines Add. and Lot
<br />4 Moon's 1st Add. to "C" Use and "D" Height and Area, from "B" Use and "A "' Height and Area.
<br />(18 Signers)
<br />(Notarized)
<br />Councilman Hull made a motion that the remonstrance be referred to the City Plan Commission. Councilman Bishop
<br />seconded the motion. Motion carried.
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