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HomeMy WebLinkAbout12-11-33 Council Meeting Minutest ... 220 11 December�llth, 1933. REGULAR MEETING.. I In re: Ordinance No. 3039 Gentlemen:- Your ordinance No. 3039 relating to the establishment of councilmanic districts it the City of South Bend, as provided for in Section 9 of Chapter 233 of the Acts of the Genera] Assembly ofthe State of Indiana of 1933, was presented to me by the City Clerk for executive ac Inasmuch as there was contention about the ordinance not conforming with the provisions of the law I requested Mr. Moore, City Civil Engineer, to determine the number of electors in the res- pective proposed districts in said ordinance. Following your suggestion that several elections should be taken into consideration the official figures of the 1926, 192541929,1930 and M 19, elections were obtained and placed before Mr. Moore. I am attaching hereto a copy of Mr. Moore report which shows a wide variance in the - different proposed districts. As you will gather from Mr. Moore's report there is a difference of 2917 votes between the fire and second districts, a difference of 2512 votes between the third and fourth districts and a difference of 3236 votes between the fifth and sixth districts. I realize that you have had an.arduous task and I realize, too, that tt is impossible to create districts in which electors are exactly equal in number. However, I have confidence izr the fig- ures presented by Mr. Moore and beli4ve that with this new data at hand your council may be abl to frame a new ordinance conforming more nearly to the law which says: " each district shall ee tain` as.nearly as possible an equal number of electors." In making`this revision we'owe_to the citizens of South Bend a division as nearly equal'as is reasonably possible and I have.confidence . tthat your honorable body is as anxious to do this as` I am:to have it done. I',agree with you that it is well to retain precinct boundaries in this calculation and am of th opinion that you will be able to change some entire precincts in your further effort.,toward equalization. As there is considerable time in which this ordinance can be passed I am accordingly vetoing th same in the hope that you may be able now to easily frame a new ordinance which will avoid the disoarity in votes and also, perhaps, avoid other undesirable consequences. Respectfully submi W. R. Hinkle, Mayor. ion. s • OAF ted, 0 MINUTES. Be it Remembered that the Common Council of the City of South Bend, Indiana, met in J1k th Regular Session in the Council Chambers of the City Hall, Monday evening Decembel -lth, 1933 a 9.0 50;15 o'clock P. M. All Members present. President Nelson opened the Meeting but due to hi recent illness was not able to presideover the Meeting. Vice - President Grzeskowiak took the Chair 'and presided over the Meeting. The Minutes of the two presevious meetings were read and on o ion • of Councilman Hull were accepted as read. Motion.carried. L COMMUNICATION. December 11, 1933. Hon. W. R. Hinkle, Mayor of the City of South Bend South Bend, Indiana. Dear Sir: As per your instructions I have prepared a map showing the old ward districts and 1ha., proposed new wards. I have taken the 1926,1925,1929,1930 and 1932.election figures for each precinct and I have averaged the precincts on this basis. By combining the precinct votes in each of the new districts, using the above election figures,'- I find that there are 772+ voted in the first districts,' x-507 in the second, 5004 in the third 5792 in the fourth, 7532 in the fifth and 4596 in the sixth. All these figures and the method of arriving at same.are shown on map attached hereto. I,can find no combination of election votes which would show that each of the new districts would have anywhere near an equal number of votes. Respectfully, Wm. S. Moore, City Civil Engi eer. COMMUNICATION. -December 11, 1933• Honorable Common Council City of South Bend, Indiana In re: Ordinance No. 3039 Gentlemen:- Your ordinance No. 3039 relating to the establishment of councilmanic districts it the City of South Bend, as provided for in Section 9 of Chapter 233 of the Acts of the Genera] Assembly ofthe State of Indiana of 1933, was presented to me by the City Clerk for executive ac Inasmuch as there was contention about the ordinance not conforming with the provisions of the law I requested Mr. Moore, City Civil Engineer, to determine the number of electors in the res- pective proposed districts in said ordinance. Following your suggestion that several elections should be taken into consideration the official figures of the 1926, 192541929,1930 and M 19, elections were obtained and placed before Mr. Moore. I am attaching hereto a copy of Mr. Moore report which shows a wide variance in the - different proposed districts. As you will gather from Mr. Moore's report there is a difference of 2917 votes between the fire and second districts, a difference of 2512 votes between the third and fourth districts and a difference of 3236 votes between the fifth and sixth districts. I realize that you have had an.arduous task and I realize, too, that tt is impossible to create districts in which electors are exactly equal in number. However, I have confidence izr the fig- ures presented by Mr. Moore and beli4ve that with this new data at hand your council may be abl to frame a new ordinance conforming more nearly to the law which says: " each district shall ee tain` as.nearly as possible an equal number of electors." In making`this revision we'owe_to the citizens of South Bend a division as nearly equal'as is reasonably possible and I have.confidence . tthat your honorable body is as anxious to do this as` I am:to have it done. I',agree with you that it is well to retain precinct boundaries in this calculation and am of th opinion that you will be able to change some entire precincts in your further effort.,toward equalization. As there is considerable time in which this ordinance can be passed I am accordingly vetoing th same in the hope that you may be able now to easily frame a new ordinance which will avoid the disoarity in votes and also, perhaps, avoid other undesirable consequences. Respectfully submi W. R. Hinkle, Mayor. ion. s • OAF ted, 0 e ",# N. REPORT OF 00161ITTEE ONE— DISTRICTZJING THE CITY INTO SIX COUNCILMANIC DISTRICTS. South Bend, Indiana, December 11, 1933. To the Common Council of the City of South Bend: The special committee on redia- tricting the city reports to the Common Council, regarding_ the veto by the Mayor of the redistricting ordinance, that the same political influence which attempted to control the Common Council and failed has succeeded with the Mayor for the same reasons that it has succeeded with him in the past. His conduct at this time is only an additional demonstration that the Mayor although elected as a Democrat is eompletelylunder the domination of certain.Republicans and is a Democrat in name only. His distressing record is repudiated by Democrats. The kepublicans who led him astray and have adopted him acre welco: to what consolation is derived from his adoption into their party. We recommend that the Council override the Mayor's veto. 'Your committee further reports, in the event the ordinance if passed is taken into court, as th partisan political propaganda hints that it intends to do, that attorneys in the city have volunteered their- services to.resist the political attack on the ordinance, who can be depended to subpoena witnesses, without exception, into court to testify under oath as to the actual Snfluence behind this xxi#ffinj: attack, and thus the public will know the full facts, as those interested in a proper ordinance have been fully aware of them. We further report that while the Mayor's veto message was withheld.until so late an hour that your committee has-had no opportunity to examine; it,.yet the committee was able to glean some slight advance information - regarding the figures contained in the message, and we wish to point out how absurzd it is to claim any degree of accuracy as to figures-when taking {into account th following facts: That the precinct boundary lines in the various wards according to the law were materially changed between the elections of 1930 and 1932; that the eighth ward since being created has only figured in the 1930 and 1932 county elections, and its precinct boundary lines,, together w those of the fourth and former fourth ward have been greatly changed; that the new boundary lin of the new districts, as provided in the ordinance, have of necessity divided some of the laaemi: present precincts in halves, thirds, quarters and still smaller sections. When taking these facts into account it is readily seen how difficult it is to form moFe than rough estimates as to figures and without any great degree of accuracy. When in additionto thi. estimates and-averages are attempted for a num4er of past elections the task is.made still mor, difficult. It is gratifying to know that the committee's position is finally eondeded thatbthe election figures of 1932 alone cannot form a proper or fair, basis for redistricting the city an, that an effort to average or estimate the figures for a number of past elections iff the zkonly proper method. When thus following a proper method the difficulties of the task from the foregoing facts *becom apparent, and your committee submits that its figures are as reliable and dependable as any othi tlyat can be presented, especially when such figures are inspired by pastizsan, political consii See page 221 ) A, upon • th at Y rs erations ( Continued ) We reiterate our recommendation that the Council forthwith override the Mayor's veto. -Respect.fully-submitted, Julius Altfeld Grover D. Whiteman. C=ifq1lmanoAltf,e1,dJ.ffiakes a Motion to adopt said Report. Councilman Gustin makes ax-4ion for a Roll Call on the adoption of said Report.,, which is as follows: Nelson, Whiteman, Aokop, Goetz, Jaworski, Altfeld,Hiss, and Grzeskowiak voting Aye . Hull, Oakley, O.ripe and Gustin voting Ray. Ayes 83, Nays 4. Report adopted. ORDINANCE NO* 3039.1 An Ordinance establishing Oouncilmanio Districts in the City of South Bend by dividing said city into six such Counoimlmanio Districts, and fixing their boundaries,, and providing for the use of voting machines in elections for nominating and electing officers of said city, and repealing all ordinances and parts of ordinances in conflict therewith. The Ordinance was given its third reading by title, and d was placed upon its passage and passed over the Mayor's veto by the following vote: Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss and Grzeskowiak, voting Aye, Hull, Oakley, Cripe and Gustin voting Nay. Ayes 9, Nays 4, Ordinanoe--adoptede REPORT OF CITY CLERK'S CERTIFICATE OF PROOF OF POSTING OF NOTICE TO TAXPAYERS* In the Matter of An Ordinance Transferring certain funds in the Department of Health from One Sub-division to another. South Bend, Indiana,,' December llth., 1933, I., Gladys M. Monr9e, City Clerk of the City of South Bend,, Indiana, do hereby certify that e copyof the attached notice was posted December lst, 1933 in the following I places., to-wit; In the Corridor.of the City Hall, South Bend., Indiana, In the Corridor of the Court House, South Bend, Indiana, On Telephone Pole of the South East Corner of Lincoln Way, West, and'North Walnut Streets, South Bend, Indiana, all being Public Places in said City*' In Witness W hereof, I have hereunto-set my hand and affixed the Seal of the City of South Bend, Indiana, this llth day of December, 1933. Gladys M. Monroe, City Clerk. ( Official Seal) See files for Notice) The report was accepted by the Council and ordered to be placed on file. Motion carried. REPORT OF CITY CLERKIS-CERTIFICATE OF PROOF OF POSTING OF NOTICE E-0 TO TAXPAYERS* In the Matter of An Ordinance Transferring certain Funds from one Sub-Division to another Sub-Division in the Department of Public Safety* rt „Y South- Bend, Indiana, December 11th, 1933. I, Gladys M.-Monroe, City Clerk of the_ City of South Berm., Indiana, do hereby certify tAt a oopy-of the attached notice was posted December 1st, 1933 in the following places,, to -wit: In the Corridor of the City Hall, South Bend$ Indiana, -2n the Corridor of the Court House, South Bend, Indiana, On Telephone Pole at the South East Corner of Lincoln Way, West, and North Walnut Streets, South Bend, Indiana, all being Public Places in said City. In Witness Whereof, I have hereunto-set my hand and affixed the Seal of the City of South Bend Indiana, this 11th day of December, A. D. 1933. Gladys M. Monroe, City Clerk. ( Official Seal ( Seef files for-Notice) The report was accepted by the Council and ordered to be placed on file. Motion carried. - REPORT OF THE COMMITTEE OF'THE- WHOLE. - - Td the Common Council of the City of South Bend: Your Committee of the whole towhom was referred An Ordinance Regulating Beauty Shops and Beauty Schools. Respectfully report that they have examined the matter, and that in their opinion the said Ordinance should be reported unfavorable. Jno.` C. Hiss, Chairman. The report was accepted by the Council. 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 certain Funds from One Sub- division to another Sub - Division in the Department of Public Safety. Respectfully report that they haven examined the matter, and that in their opinion the said Ordinance should is be reported Favorable. Jno. C. Hiss, Chairman. The report was accepted by the Council. REPORT OF THE COMMITTEE OF THE WHOLE. Tonthe Common Council of the City of__South Bend: Your Committee of the Whole to whom was referred An Ordinance Transferring certain Funds in the Department of Health from One Sub - Division to another.Respectfully report that they have examined the matter, and that in their opinion the said.Ordinance should be reported.Favorable.. Jno. C. Hiss, Chairman. The report was accepted by the Council. ORDINANCE NO. An Ordinance Regulating Beauty Shops and Beauty Schools. The Ordinance wasbgiven its third reading by-title, and was placed upon its passage and was lost by the following vote: Nelson, Whiteman, Rokop,, Goetz, Hull, Jaworski, ,Altfeld, Hiss, Oakley, Grzeskowiak,, Cripe. and Gustin, *Vzex3R;x1mT2zSS' Ayes 0, Nays 12, Ordinance Lost*. ORDINANCE N0. O�FO.` An Ordinance Transferring certain Funds from One_Sub- Division_to another Sub - Division in the Department of Public Safety.' The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Ir Oakley,_Grzeskowiak,Od 1 Cripe and M Gustin, Ayes 12, Nays 0. Ordinance adopted. ORDINAXCE. NO 3o4l.; AhE7, Ordinance Transferring certain Funds in the Department of Health from One Sub- division to another. The Ordinance was given its third reading by title, and was placed upon its passage and L passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, Ayea,,12, Nays O. Ordinance adopted. ORDINANCE NO, 302.` An Ordinance Transferring the sum of 075.00 from G2. Temporary.Services, to G7, Traveling ` Expenses, within the Department of Law.` The Ordinance was given its first reading by title, its secom d reading im full and on otion of Councilman Goetz, the Rules were suepnded by the following vote: Nelsonfl, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowialt, Z�Cripe and Gustin, Ayes. -12, Nays 0.' Rules suspended and Ordinanc& -goes to third reading' The Ordinance was given its third reading by title, and was placed upon its passage and assed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, akley, Grzeskowiakv Cripe and Gustim, Ayes` 12, Nays 00` Ordinance adopted. RDINANCE N0. 3043. h An.-Ordinance Transferring certain Funds from One Sub!- Division to another Sub- Division in he /Prtment of Finance. The Ordinance was given its first reading by title, its second reading in full and on Motion. f Councilman Goetz, the Rules were suspended by the following vote: Nelson, Whiteman, Rokop, oetz, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, Cripe and Gustin, x2lixg Nag Ayes 12, ays 0.' Rules suspended and Ordinance goes to third reading. The Ordinance was given its third reading by title, and was placed upon its passage and assed by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss.-Oakley.' rzeskowiak, Cripe and Gustin, Ayes 12, Nays 09` Ordinance adopted. (Concluded on page 222) a. -e d�ri � t'4nnc�l»r�r?c7 i 'I RESOLUTION INTRODUCED BY COUNCILMEAN GLEN L. OAKLEY. TO TH` 0'02,1011, COUT`CIL CITY 057 SOUTH 3-,,Y D.- INDIANA, GRE ]"TINGS:­% RE SO LUT 10 11. Be it resolved by we the executives and officials of local union number one hundred and forty -one International 3rotherhood of ,earasters, "hauffeurs, Stablemen, and uelpers that: '. 7hereas the -re are at -present operating in the City of South -3end Indiana seventy licensed taxicabs anal: '.AIhereas there are at present one hundred and forty -nine .licenses issued to-drivers of these taxicabs and: whereas by virtue of the large membership of our Chapter vie are the duly authorized and ?Oronerly qualified organization of taxi 'cab drivers in South '3end Indiana and: whereas for the ready progression of every one involved we petition The 1.,ocmon Council of The City of South Send Indiana tor discontinue the .issuance of licenses to drivers of taxi cabs as proveded 'by section three City Ordinance number twenty -nine. hundred and seventy -nine of,the City of youth '3end Indiana which ordinance was passed by The Common Council of The 'ity of South Send. on the twenty- eighth day of A111arch nineteen hundred ana thirty- two until such time as a need arises for additional men in the taxicab business, and: whereas there is at -_o_resent a general economic deflation in all 'phases of co::lmerce and: whereas we deem t'riis a time which de- ma:nds the sincere co- o-Peration of every person regardless of z- olitical or other affiliations and ir- respective of personal gain and: whereat we ;onclude that the above requested action of the Council of The "ity of South 3end Indiana would be conducive to a more wholesome economic condition of the taxicab business in the City of South Send Indiana, also.that your body consider the creation of a board consisting of the "ity,Controller, a member of local 141 and a third to be chosen by these two, who shall a,on-rove of and take -final action on applications for licenses all io serve without com-loersation. Approved and signet'_ at a special meetinP o" the officers and trustees of local union 14.1 International rother- hood Teamsters, Chauffeurs, Stablemen, and "helpers this 11th day of D cers, 1933, South -9en.d, Indiana. i, P" s. trustee / I V. Wires. us ee ecorain 6ec trustee real. On Motion of Councilman Hull the Resolution was referred to the Miscellaneous Committee to report back to the Committee of the Whole. Motion carried.` On Motion of Councilman Altfeld the Council adjourned at 9 :00 o t cloek P.` M. Motlo't darried. OWN APPROVED VICE-�PRESIDENT • V '. •