04-25-55 Council Meeting Minutes

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REGULAR MEETING PETITION APRIL 25TH, 1955 Petition of The First Bank and Trust Company of South Bend, as Trustee, by its attorneys, Voor, Jackson, Grant & McMichael, to rezone certain parcel of land located in the revised Plat of Broadmoor, Third Section, from "C" Commercial Use District and "D" Height and Area District to "B" Residence Use District and "B" Height and Area District, Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance transferring and appropriating from Engineering Department L -331 Gasoline $112.00 to L -333 Tires and Tubes $17.40 and to L -334 Other Garage and Motor Supplies $94.60; from Office of City Attorney G -725 Office Equipment $100.00 and from Office of City Treasurer D -725 Office (Calculator) $175.00 to City Attorney G -261 Abstracting $275.00; from Electrical Inspection Department ME-11 Salary of Heating Inspector $1370.48 to Building Department MB -12 Salary of Stenographer $1270.48 and to Electrical Inspection Department ME-12 Temporary Help $100.00; from Building Department MB -242 Printing and Office $320.00 to Building Department MB -725 Office Equipment $320.00; from Building Department MB -362 Stationery $100.00 to Building Department MB -363 Office Supplies $100.00; from Fire Department Q -724 Motor Equipment $2,000.00 to Fire Department Q -451 Parts of Equipment $2,000.00; all of the budget of the Civil City of South Bend, Indiana for 1955 and declaring an emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. W. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance appropriating from the General Fund $600.00 to Board of Health W -132 Plumbing Examinations $600.00; all of the budget for the Civil City of South Bend, Indiana and declaring an extraordinary emergency ". a, Rexpectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. W. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REPORT OFr TIDE COMMITTEE OF THE WHOLE To the Common Council of the City.of South Bend: Your Committee of the Whole to whom was referred "An Ordinance amending Ordinance No. 2243 commonly known as "The Building Code of South Bend, Indiana ". Respectfully` report that they have examined the matter and that in their opinion this ordinance be reported to: the: Council..as. favorable. :... . ... . . . . . ....... . . W. A. HAHN, Chairman Councilman Bestle made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY.OF SOUTH BEND, INDIANA, FOR THE MONTH OF MARCH, 1955. Balance on hand first of month . . . . . . . . . '. . $ 2,392,554.16 Receipts during month . . . . . . . . . . . 6 . . . 1,730,302.33 Disbursements . . . . . . . . . . . . . 1,138,882.11 Balance . . . . . . . . . . . . . . . . . . , , . . $ 2,983,974.38 Councilman Niezgodski made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY ATTORNEY ON PROPOSED F.E.P.C. ORDINANCE Members of the Common Council South Bend, Indiana - Re: Proposed Fair Employment Practice Ordinance Dear Sirs: I have examined the proposed ordinance and am of the opinion that there is no statutory authority for a municipality in Indana to enact an ordinance of this kind. A municipal corporation in this State, which, of course, includes its executive, legislative and administrative departments, 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. A city, like other municipal corporations, serves but as an agency or instrumentality in the hands of the Legislative to carry out its will in regard to local governmental functions and internal concerns. It has been held by our Supreme Court as recently as 1952 that doubtful claims to power as well as uncertainty or ambiguity in terms used by the Legislature will be resolved against a municipal corporation. (Continued)