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Home My WebLink About10-10-32 Council Meeting MinutesMINUTES. REGULAR '-:MEETING. J�C) 3 Be it Remembered that the Common Council of the City of South Bend, Indiana,tmAt in the Regular Session in the Council Chambers a in the City Hall, Monday evening, October 10th, 1932 at the hour of 7 :50 m& o'clock P. M. All Members present. President Nelson presided. The Minutes of the previous meeting were read and on Motion of Councilman Hull were =accepted as read. Motion carried. { PETITION. State of Indiana BEFORE THE CITY COUNCIL OF THE CITY.OF St. Joseph County SS: SOUTH BEND City of South Bend IN THE MATTER"OFOMUNICIPAL PETITION OF TAX PAYERS TO DISCONTINUE FREE PARKING PARKING LOTS We, the undersigned, citizens, residents and taxpayers of the city of South Bend, St:' Joseph County, Indiana, respectfully petition your honorable body that in the operation of the municipal parking lot in the city of South Bend, Indiana, there is being paid and disbursed, without warrant of law, out of the-city treasury, and out of your petitionerst money, collected from your petitioners as such taxpayers, large sums to defray the cost and expense, leasehold and operating charges of the munidipal parking lot at-LaSalle Street bridge,,without any return to the city to defray the same.` Your petitioners respectfully represent that so long as the income from said parking lot equalled or exceeded the rental charges and operating expenses, your petitioners would not have valid ground for complaint against the city of South Bend maintaining said parking lot, but that since no fees whatsoever are charged for the use of said lot, and the city is actually disburs- ing from its treasury salaries, upkeep and rentals that ate not returned to taxpayers, the said city and the officers responsible therefor are in effect using money of the taxpayer's to deprive other taxpayers ( parking lot owners and lessees) of income upon their pmroperty by reason of the fact that the city of South Bend is rendering free service and using the money of the very taxpayers against whom said city has entered into competition to pay for parking privileges of others who would normally use the services of such parking lot owners and lessees. Your petitioners would respectfully represent that in thei§ opinion and on opinion of counsel the city of South Bend, is without authority whatsoever to enter into any parking lot contrac§ or lease because_ as declared by the Appellate court of , Indiana, and the Supreme 06urt of Indiana; " A Municipal comporation in Indiana 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, and those power that are essential to the declared objects and purposes_of the municipality; and all persons dealing with municipal corporations are charged with notice of such limited powers with knowledge that no right can be acquired by them based u�on any act of the municipal authority where there is a want of power to so act City of South Bend vs dhicaga. South Bend & Northern Indiana Ry. Co. 179 Ind.' 455, Scott et al vs City of LaPorte et a1.�162 Ind. 34., Battles vs City of Garrett, 99 Ind.' App. 3493, City of Indianapolis, vs Link Realty Co. 179 N.E: 5740 We respectfully request therefore, that the city council do and take one of two steps; notify the owners of said ground from which the city has undertaken to lease the same that the lease is void and cancelled; or, that this council do require such regulations and charges to be made effecting the said use of said parking lot to the enad that the income therefrom will at least equal or exceed the expense of operation including the payment of rentals under any lease or contract the said city of South I Bend, Indiana, has undertaken to make with others. 1fame of Tax Payers ADDRESS Holgars & Nye' ,.. _ . _ _ �s ��"5 No.:Main 8th.- .. _�► = Oentral Parking Place _ 221 North Michigan St.` Jam:ee ;: Judie 1515 E. Jeff . Blvd. Central Garage By D.` R. Vaughn 116 East Center 109 N Sjr: Joe.- Sts. ,a, N The Big Lab. L. Hart 215 S. St. Joe St. Loop.Auto "Service So. St Joe South Bend Parking Co:' _325 Core Colfax & Lafayette E. Allen Allern 102 -114 E. Colfax Ave.' Jacob Hoffmann Hotel Hoffmann John M. Miller & Son 1025 E. Indiana H. G:- Schricker 221 No: Mich. St. Ireland Garage 232 North Mich :` E: A. Ireland a2ll We' LaSalle Ave:' On Motion of Councilman Altfeld The Petition was referred to the Committee of the Whole. Councilman Goetz makes a Motion to amend said Motion by refermading said Petition to the. Grevience Committee to confer with the Board of Public Works and report back to the Committee of the Whole# Motion carried. REPORT OF THE CITY`'CONTROLLER-OF THE CITY OF SOUTH BEND FOR THE MONTH OF SEPTEMBER 1932:` Balance on Hand First of Month ...... ...........................242,543A2 Balance Sept :' 30, 1932. ............... ..:.................. 171,468.,o6 Respectfully Submitted, Geo: A: Knoblock, City Controller. The report was accepted by the and drdered to be placed on file.'Motion carried: REPORT OF CITY,CLERKIS CERTIFICATE OF PROOF OF PUBLIZCATION OF NOTICE TO TAXPAYERS OF TAX In the Matter of Determining the Tax Rates for Certain Purposes by South Bend, Indiana: South Bend, Indiana, August 22nd, 19320" E LEVIES.I I, Gladys M. Monroe, City Clerk of the City of South Bend,'Indiana, do hereby certify that copy of the attached' notice was published on August 11th 1932, in the Evening Editions of the South Bend News Times andThe South Bend Tribufie of the.01ty ofSouth Bend, Indiana, also that I have posted notices in the following places, to —wit: City Hall, South Bend, Indiana, Court House, South Bend, Indiana, Telephone Pole at the South East Corner of the Alley on Wiest Madison Street between North Michigan and North Main Streets,_South Bend, Indiana. In WitnAess Whereof, I have hereunto set my hand and affixed the Seal of the City of South Bend, State of Indiana, this 22nd day of August, A.` D. 1932:" Gladys M. Monroe, City Clerk: Official Seal). The report was accepted by the Council and ordered to be placed on file:` 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 approving a Lease and Option agreement between the City of South Bend, Indiana, through its Board of Aviation Commissioners and The Bendix Aviation Corporation:' Respectfully report that they have examined the matter, J. and that in their opinion the -said Ordinance should be reported unfavorable. John 00 Hiss, Chairman.,The report was accepted by the Council.,( See page 164) 01 Automobile expense per month to the'Bailiff of the City Court of the City of South Bend, Indiana Th; Ordinance was given its third reading by title, and was.placed'upon its" p 90sage and passed by the following vote** Nelson, Whitemans Rokopv Goetz, Hulls Jaworski, Altfeld, Hiss, Oakley, Grzeskowiaks Cripe and Gustins Ayes 12, Nays Oe' OT&inaliceadoptede ORDINANCE NO. 3001. An Ordinance amending Ordinance No* 2243 passed by the Common Council of the City of South Bend, Indiana, Match 273, 1922J.- commonly known as the Building Oodeo_- 'Tht'O-rdlunce was--given its third reading by title, and-was.plaoed upon its passage and pasged by the following vote Nelson s Whiteman, Rokop,, Goetz, Hulls JawOTski, Altfeld, Hiss., Oakley, Grz'0k0wiakq, aripe-Zd Gustin, Ayes 12, Nays 0.- Ordinance adopted. ORDINANCE -40 An Ordinance approving a Lease agreement Between-the City of South " Bend, Indiana, through its Board.of -Aviation Commissioners and the Bendix Aviation Corporation* The Ordinance was given its third'reading by title, *tzxxzm.. and was plaoedmupon its passage and passed by the following vote: Nelsons Whitembxu, Rokops-Goetz- Hulls Jaworski,, Altfeld, Hiss, Oakley.-GTzeskowiak Cripe.and - Gustin, Ayes:12s Nays O*'-Ordinance adopted# J RESOLUTION- INTRODUCED,. BY COUNORMIF JOHN "'C'e- HISSO Whereas, puzrsuant I to the request of the utilities committee of the Common Council of South Bend, Indiana, the Indiana & Michigan Electric Company has proposed,ce,rtain reductions in elctrio rates and'- has asked that-the Common Council join in petitioritxing the Public .Service Commission of the State of Indiana for the approval of such reductions in electric rateg;-and .Whereas, the said committee on utilities in reporting such proposal to the Common Council has recommended that such action be taken, which report and recommendation is in the words and figures as follows: here insert) And, whereas, thais-Counoil deems it advisable,to obtain a reduction in eleotrio-rates ,-at the earliest practicable time* Therefore, be it resolved by the Common Council of the City of South Bend, Indianas that the -City of South Bend pet9tion the Public Service Commission to approve the reduction in electric rates recommended in the report of the committee on utilities and in conformity thereft 48 On Mottion. of Councilman Altfeld the Resolution was adopted. Motion carried* On Motion of Councilman Oakley, the Council adjourned at 9:15 01 Clock P. M*' Motion carried. ATTEST APP7-, CLEW PRESIDENT 0