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REGULAR MEETING <br />SEPTEMBER 23, 1957 <br />Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council <br />Chambers, Monday, September 23, 1957, at 8:52 P.M., with all members present. President Stanley C. Korpal called <br />the meeting to order and presided. <br />ROLL ,CALL: <br />PRESENT: Councilmen Korpal, Carr, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. <br />ABSENT: None. <br />MINUTES: <br />REPORT OF COMMITTEE ON MINUTES: <br />To the Common Council of the City of South Bend: <br />Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected <br />the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be <br />approved. <br />Stanley C. Korpal <br />Julius B. Christman, Jr. Committee <br />G. W. Carr <br />South Bend, Ind., September 23, 1957 <br />'Minutes of Regular Meeting, September 9, 1957. <br />,Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. <br />Motion carried. <br />COMMUNICATION• <br />NORTHERN INDIANA MOTOR CARRIERS ASSOCIATION, INC. <br />OLIVER HOTEL SOUTH BEND, 1, INDIANA <br />Phone Central 4 -4818 File No. <br />REGISTERED <br />'Mr. Stanley C. Korpal, President <br />South Bend Common Council <br />City Hall <br />;South Bend, Indiana <br />Dear Mr. Korpal: <br />'In reference to your letter of September 16th forwarding billing by 0. J. Shoemaker, Inc., for repair of the water <br />,connections break on South Olive Street, our organization has no choice but to reject responsibility in the strongest <br />'possible terms. <br />We did, as you kngw,'suggest that this Association assume part of the expense in the event of damage during the so- <br />calle "test period" for intra -city trucks on Olive Street if there were indications of our responsibility. <br />;We do not have any intention of repudiating any agreement which we made, however informal. <br />But on August 14., 1957, an engineering report from C1yde.E. Williams and Associates, Inc., said of this break: <br />"The service connection leak appears to be one that might have occurred anywhere due to circumstances <br />beyond anyone's control. With a 2 1/2" thick cushion of consolidated sand over the point of the break, <br />it does not appear'�fihat truck traffic was transmitting any unusual load on the service connection. <br />Failure most likely occurred due to age and deterioration of the thin wall lead pipe." <br />Deatailed copies of this report were sent proper city authorities and it has never been questioned. <br />Secondly, since the very existence of the informal agreement regarding Olive Street truck traffic, of which this <br />discussion was a part, has been denied, we must relectantly assume that the concessions which we made have been <br />negated along with parts of the discussion which applied to other parties concerned. <br />Finally we find it puzzling that repairs on private property are billed to the South Bend Water Works, rather than to <br />the householder. <br />Consequently, we are returning the enclosed invoices for your action. <br />Sincerely, <br />/s/ Homer W. Fitterling <br />Homer W. Fitterling <br />Enclosures: 3 <br />cc: Mayor Edward F. Voorde <br />Howard A. Noble <br />Councilman Kroll made a motion that the communication be accepted and placed on file. Councilman Muszynski seconded <br />the motion. Motion carried. <br />COMMUNICATION: <br />To the Common Council of the City of South Bend, Indiana. <br />Gentlemen: <br />I hereby petition your honorable body to annex the following described property and declare the same to be a part <br />of the City of South Bend, Indiana: 284 2/10 acres, more or less, between Ewing Avenue and Ireland Road along Ironwood <br />Road to the City Limits. <br />/s/ Stanley C. Korpal, <br />Councilman Erler made a motion that the communication be accepted and placed on file. Councilman Kroll seconded the <br />motion. Motion carried. <br />