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728 <br />JUNE 28TH. 1951 <br />PETITION <br />STATE OF INDIANA ) SS <br />ST. JOSE COUNTY ) <br />IN THE MATTER OF THE PETITION OF FLOYD L. COOK, <br />AND FRANK D. COOK AND HELEN COOK, HUSBAND AND <br />WIFE, FOR THE REZONING OF REAL ESTATE. <br />BEFORE THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND <br />TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: <br />The undersigned, Floyd L. Cook, and Frank D. Cook and Helen Cook, husband and wife, respectfully petition and <br />show to this honorable body the following: <br />1. That they are the owners of the following described real estate situate in St. Joseph County, State of <br />Indiana, to -wits <br />That part of Lot Numbered One (1) in Major's Addition to the <br />City of South Bend which lies West of the East line of Caroline <br />Street extended north to the St. Joseph River. <br />2. Thai said real estate is presently zoned and classified under the zoning ordinance of said City of South <br />Bend, being Ordinance No. 3702, adopted June 13, 1949, under Section 2 thereof as "B" residence district and <br />under section 10 thereof as "A" Height and area district; <br />3. That your petitioners desire to have said real estate rezoned and reclassified by the amendment of said <br />zoning ordinance from the above zoning and classifications to "C" commercial district and "E" height and area <br />districts <br />4. That your petitioners, Floyd L. Cook and Frank D. Cook, intend to use said real estate as part of a used car <br />sales lot which they now operate immediately east of said real estate; <br />5. That your petitioners present the following grounds for the rezoning of the above real estate gs requested <br />herein: <br />a. That all of the real estate east of the above described land and abutting <br />on the north and south sides of Lincoln Way'- East in said City of South Bend to the <br />eastern limits thereof at Ironwood Drive is now zoned and classified as "C" commercial <br />and "E" height and area district; that the extension of said commercial zoning west to <br />include the above real estate is in keeping with the natural and orderly development <br />of said city; <br />b. That the above described real estate contains no residences at this time and <br />has 4ever contained any residences to the best knowledge, information and belief of <br />your petitioners; that because of its small size, irregular shape and location, the <br />use of the above real estate for residential purposes in the foreseeable future is <br />very remote and not probable. <br />(Signed) FRANK D. COOK <br />it HELEN COOK <br />" FLOYD L. COOK <br />Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Glass <br />seconded the motion. Motion carried. <br />ORDINANCE NO. 3825 <br />AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1951 MUNICIPAL CIVIL <br />CITY BUDGET OF THE CITY OF SOUTH BEND, INDIANA; AND APPROPRIATING <br />FROM THE GENERAL FUND OF SAID CITY THE SUM OF ONE THOUSAND SIX <br />HUNDRED ($1,600.00) DOLLARS, TO CERTAIN OTHER BUDGETARY ITEMS OF <br />THE 1951 BUDGET OF SAID CITY, AND DECLARING AN EXTRAORDINARY <br />EMERGENCY. <br />The ordinance was. given third reading and pas..sed by .a roll call vote of 6% ayes - .0 nays - 2 absent (Eyler and <br />Korpal)_. <br />ORDINANCE <br />AN ORDINANCE FIXING THE ANNUAL SALARY OF THE SOUTH BEND, INDIANA, <br />CITY COURT PROBATION OFFICER; AND APPROPRIATING FROM THE GENERAL <br />FUND OF SAID CITY THE SUM OF NINE HUNDRED TWENTY -THREE DOLLARS <br />AND FIFTY CENTS ($923.50) OF THE 1951 BUDGETARY ITEM, SERVICES <br />PERSONAL, IN THE OFFICE OF CITY JUDGE; REPEALING ANY AND ALL <br />CONFLICTING ORDINANCES, AND DECLARING AN EXTRAORDINARY EMERGENCY. <br />Councilman Glass made a motion to hold the ordinance in the Committee of the Whole and act on it at the next <br />regular meeting. Councilman Bestle seconded the motion. Motion lost by a roll call vote of 2 ayes (Bestle <br />and Glass) - 4 nays (Niezgodski, Tellson, Kemper and Muszynski) - 2 absent ( Erler and Korpal). <br />The ordinance was given third reading and lost by a roll call vote of 4 ayes (Niezgodski, Tellson, Kemper and <br />lAuszynski) - 2 nays (Bestle and Glass) - 2 absent ( Erler and Korpal). <br />Councilman Glass made a motion that the ordinance be referred to the Salary Committee. Councilman Bestle <br />seconded the motion. Motion carried. <br />