03-11-40 Council Meeting Minutes

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Be it remembered that the 6ommon Council of the City of South Bend met in regular session in the Council Chambers in the Ciyy Hall, 11onday, March 11, 1940, at 7:53 P.M., with all members present. The reading of the minutes of the previous meeting'was waived. Councilman Pulaski made a motion that the action taken by the Common Council at the last regular meeting in approv- ing a contract between the Board of Public Works and Safety and the American Lafrance Foamite Company be rescinded. Councilman Brannon seconded the motion. Motion carried by roll call vote of 9 ayes - 0 nays. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: 31/11/40 Your Committee of the Whole to whom was referred an ordinance appropriating certain funds from the general funds of the City of South Bend, Indiana, for emergency purposes- Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred tc the Council favorably. Councilman Pulaski made a motion to accept the report. Councilman Richardson seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE INHOLE To the Common Council of the City of South Bend: 3/4/40 Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of South Bend, Indiana " - Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred to the City Plan Commission who shall report to the Council at the next regular meeting of the Council. Councilman Pulaski.made a motion to accept the report. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Councilman Brannon seconded the motion. Motion carried. 3/11/40 Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of South Bend; 'Indiana " - Respectfully report that they have examined the matter and that in their opinion this ordinance shall be rejected. Councilman Hull made a motion that the ordinance be rejected. Councilman Bishop seconded the motion. Motion carrie Dr. Carter of the Health Department advised the Council that the department was not in a position to make a report on the Petition prohibiting the general public from handling food products due to the fact that the petitioners have not definitely decided on what they want to do. City Attorney Beamer advised the members of the Council that the City is being sued by the Indiana and Michigan Electric Company for unpaid light bills for the year 1934. He suggested that this matter be referred to the. Committee on Claims to investigate. Councilman Niezgodski made a motion that the Claims Committee investigate the claim, Councilman Bishop seconded the motion. Motion carried by vote of 9 ayes - 0 ayes. ORDINANCE NO. 3313 AN,?ORDINANCE APPROPRIATING CERTAIN FUNDS FROM THE GENERAL FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR EMERGENCY PURPOSES. This ordinance was given third reading (in full at request of Councilman Pulaski). Councilman Richardson made a motion for the adoption of the ordinance. Councilman Brannon seconded the motion. Ordinance is passed °by roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3314 (as amended) AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETNEEN THE BOARD OF PUBLIC WORKS AND SAFETY, CITY OF SOUTH BEND, INDIANA, AID THE AMERICAN- LAFRANCE- FOAMITE CORPORATION FOR THE PURCHASE OF A 1250 GALLON MOTORIZED PUMPER FOR THE SOUTH BEND FIRE DEPARTMENT. Councilman Pulaski made a motion that Section 1 of this ordinance be amended by adding the following words to the end of said Section - 'Subject, however, to the approval by the State Board of Tax Commissioners of a special appro- priation of $1870.25 for.fire department budgetary item No. Q (a)' and the ordinance be adopted as amended. Councilman Richardson seconded the motion. Ordinance passed as amended by roll call vote of 9 ayes - 0 nays. CITY OF SOUTH BEND, INDIANA Department of Law March 7, 1940 The Members of the Common Council of the City of South Bend, Indiana Gentlemen: At the meeting of the Committee of the Whole held on March 4th, I was instructed to prepare an ordinance amending Ordinance No. 2183, which is an ordinance pidiibiting the use of the streets and sidewalks for fruit stands, shoe shine stands, etc. In accordance with your instructions I have prepared an ordinance which has been submitted to the Clerk for introduction before your body. In connection with this proposition, however, I think I should call your attention to the case of Housewives' League, Inc. -Trs City of. Indianapolis, 204 Ind. 685. this prohibited the licensing of stands which were defined as any floor,space, ground space, street or sidewalk space marked off or designated for the use of a market and the sale of produce. It was alleged that A certain tract of lard in the City of Indianapolis that originally belonged to the State of Indiana, had been dedicated to the public for the express purpose of holding a public market, and he been so used for a period of more than sixty years. That the streets and sidewalks surrounding this land viere also used for marketing purposes on certain days of the week, and that sidewalk stands had been erected on the sidewalk by small producers who were granted a license to use the sidewalk under the ordinance above specified and been occupying the sidvaalk for that purpose for a period of more than fifty years. Although there was a licensing ord- inance permitting the licensing of stands on public sidewalks, the Board-of Public Safety of the city of Indi anapoli adopted a resolution and order to the effect that no stands would be leased or permitted on the sidewalks at the City Market in Indianapolis. This action was brought by the Housewives' League, Inc. to enjoin the Board of Public Safety from enforcing this resolution and order, and to enjoin it from refusing to grant permits for sidewalk stand. IThe Supreme Court of Indiana, in passing on the question at issue, said: "Nothing to the contrary appearing,, the si walks in question must be considered to belong to and be a part of the streets along which they are built. he word .