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HomeMy WebLinkAbout11-07-62 Council Special Meeting MinutesSPECIAL MEETING NOVEMBER 7, 1962 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Special Session in the Council Chambers in the City Hall on Wednesday, November 7, 1962, at 7:01 P.M., with all members present except Councilmen Glass, Krueper and Lehman. The meeting was called to order by President Joseph T. Kroll, who presided. The Clerk read the Call for Special Meeting, which reads as follows: STATE OF INDIANA ST. JOSEPH COUNTY SS: CALL FOR SPECIAL MEETING CITY OF SOUTH BEND To the President and Members of the Common Council of the City of South Bend, Indiana: Gentlemen: You are hereby notified that under and by virtue of the authority vested in my by law as Mayor of the City of South Bend, in the State of Indiana, a Special Meeting of the Common Council of said City is hereby called to meet in the Council Chambers, in the City Hall at the hour of 7:00 o'clock P.M., (C.D.T.), on Wednesday, November 7, 1962, for th purpose of acting upon the following: Adoption of a Resolution to accept the right -of -way of the Naval and United States Marine Reserve Training Center. The Chief of Police or any member of the Police Force is hereby directed to forthwith serve a copy of this notice on each and every member of the Common Council and make due return of such service of said Special Meeting. DATED: November 2, 1962. S E A L /s/ Freda G. Noble Freda G. Noble, Clerk of the City of South Bend, Indiana /s/ Frank J. Bruggner Frank J. Bruggner, Mayor of the City of South Bend, Indiana The within call came to hand this 2 day of November, 1962, which I served by reading the same to each Councilman, upon the date designated, as follows: /s/ T. W. Lehman, /s/ Albert Tellson /s/ Paul E. Krueper, Jr. /sl Walter Glass /s/ Eugene Ladewski /s/ Chester Muszynski /s/ J. Chester Allen or by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: Mrs. Harold L. Coleman Mrs. Joseph Kroll /s/ Sgt. Martin Member of the South Bend Police Department Councilman Muszynski made a motion that the Call for Special Meeting be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. ROLL CALL s PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman and Muszynski. ABSENT: Councilmen Glass, Krueper and Lehman. SPECIAL MEETING RESOLUTION NO. 21 - - -62 RES0LUT -ION NOVEMBER 7. 1962 WHEREAS, on the 29th day of October, 1962, the District Public Works Office, Ninth Naval District, of Great Lakes, Illinois, granted the City of South Bend, Indiana, an immediate right -of- entry, subject to certain terms and conditions for the purpose to commence construction of a portion of the earth fill for the abutment of the Sample Street Bridge (State Road No. 23, Section No. DD9 Project No. U.S. 181 (7)) on the premises of the U. S. Naval & Marine Corps Reserve Training Center, South Bend, Indiana, more particularly described in the lease agreement between the parties hereto dated 1 January, 1947, as modified, and designated as NOy(R)- 41203, and WHEREAS, said District Public Works Office Ninth Naval District, has requested that said right -of -entry subject to certain terms and conditions, be accepted by the Municipal City of South Bend, and WHEREAS, it.is necessary that a Resolution be adopted authorizing the-Mayor,-of the.City of South Bend, to accept same, NOW, THEREFORE, BE IT RESOLVED, That the Mayor of the City of South Bend, Indiana, be authorized to accept said immediate right -of- entry, subject to the following terms and conditions: 1. That immediate right -of -entry granted hereby is revocable at any time without notice at the option and discretion of the Department or its duly authorized representative. 2. It is understood and agreed by and between the parties hereto that the issuance of this immediate right -of -entry does not constitute a commitment on the part of the Department to vacate the premises until the Congress of the United States of America authorized the construction of a New Naval Reserve Training Center Facility, appropriates funds therefor and construction of a new facility is completed and it is ready for occupancy, the City will pay to the United States of America the sum of $254,000.00 for the Department's improvements on the premises. 3. The construction work to be accomplished pursuant hereto shall be without interference in any manner with the continuing utilization by the Navy of the facilities of the Naval & Marine Corps Reserve Training Center, South Bend, Indiana, and shall be subject to the written approval of the Distric Public Works Officer may promulgate. 4. The City shall be liable for any loss or damage to the Premises :incurred as a result of its use hereunder and shall make such restoration or repair or monetary compensation as may be directed by the Department. 5. The City shall indemnify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982:2d U.S.C. Sec. 2671, 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from the use of the Premises by the City. 6. OFFICIALS NOT TO BENEFIT: No member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this grant or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this grant if made with a corporation for its general benefit. 7. GRATUITIES: The City warrants that it has not employed any person to solicit or secure this Grant upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give.the Government the right to annul this Grant or in its discretion to recover from the City the amount of such commission, percentage, brokerage or contingent fee in addition to the consideration herein set forth. This warranty shall not apply to commissions payable by the City upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the City for the purpose of securing business. BE IT FURTHER RESOLVED, That the Mayor of the City of South Bend, is herewith authorized to execute the acknowledgment and acceptance of said right -of- entry, subject to said terms and conditions. /s/ Joseph T. Kroll Member of the Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Glass, Krueper and Lehman). Resolution Adopted. There being no further business to come before the Special Meeting of the Council, Councilman Coleman made a motion to adjourn. Councilman Allen seconded the motion. Motion carried and the Special Meeting of the Common Council adjourned at 7:15 P.M. ATTEST: CLERK APPROVED: PRESIDENT