HomeMy WebLinkAbout03-27-34 Council Meeting MinutesMarch 27th, 193+. REGULAR MEETING. 237
MINUTES.
Be it Remembered that the Common Council of the City of South Bend, Indiana,. - met ink
the Regular Session in the Council Chambers of the City Hall, Monday evening March 6th,
193+ at the hour of 9 :35 o'clock P. M. All Members present except Councilman Nelson. Vice -
President Grzeskowiak presided. The Minutes of the prevaous meeting was read and on Motion
Of Councilman Hull were accepted as read. Motion carried.
COMMUNICATION.
Legal Department
Iden S. Romig, City Attorney
South Bend, Indiana, March 26 193+.
To the Common Council of the City of South Bend, Indiana.
Gentlemen : - You have asked for a written- statement of the law applying to the removal,
suspension, reprimand, or reducing in grade of members of the Fire Department or Police
Department. The law applying was modified in the last Legislature and is, as I gave to your
Committee, as follows, to -wit:
" Every member ofthe fire and police forces, appointed by the o mmissioners of public
safety, shall hold office until they are removed by said board. They may be removed for
any cause other than politics, after written notice is seved upon such member in person or by
copy left at his last and usual place of residence notifying him or her bf the time and
place of hearing, and after an opportunity for a hearing is given, if demanded, and the
written reasons for such removal shall be entered upon the records of such board. On the
conviction in any court of a member of the said fire or police ford of any crimihal offense,
or upon a finding and decision of the board that any such member has been or is guilty,-of
neglect of duty, or of the violation of rules, or neglect or disobedience of orders , or of
incapacity, or absence without leave, or immoral conduct, or conduct injurious to the ptiblic
peace or welfare, or conduct unbecoming an officer, or other breach of discipline, such
commissioners shall have power to punish the offending party ny reprimand, forfeiture, suspen-
sion without pay, dismissal, or n by reducing him or her to a lower grade and pay. Any member
of such fire or police force who is dismissed from such force, as aforesaid, or is suspended
therefrom for any period in excess of thirty days,, shall have the right to appeal to the
circuit or superior court of the county in whxich such city is located from such decision of
dismissal or suspension by said board, but shall not kxx have such right of appeal from any
other decision.#
The law then provides for a bond and appeal and the trial of the case by jury if requested,.
In the case of a demotion, under this law, there could be no appeal.
This is a part of Chapter 86 found on Page 577 and subsequent pages of the Acts of the
Legislature for the State of 'Ind.iana for the year 1933.
Hoping this complies with your request, I am, Very truly yours, I. S. Romig,
Attorney. ISR!GMH - -
".
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n Motion of Councilman Altfeld the Communicatlon-`was accepted and ordered. to be placed on file.
Motion carried.
PETITION.
TO THE HONORABLE MEMBERS OF THE C0UMO1.;0OUN01L `0E THE CITYNOF SOUTH BEND, INDIANA
We, the undersigned, citizens of the city of South Bend Indiana, respectfully, request
your Honorable Body by proper enactment of an amendatory ordinance to reduce the annual license
fees on bowling alleys and pool tables as follows: To reduce the license fee of $25.00 for
first alley and $10.00 for each succeeding alley to an annual license fee of $5.00 for each
and every alley; to reduce the annual license fee of $10000 on pool tables to an annual lic::ense
fee of $5.00 for each and every pool and billard table. In view of the reduced income of our
citizens who patronize thsese amusements we believe such reductions to be only fair and just✓.
Furthermore, we are reliably informed.that the above proposed schedule is practically uniform
throughout the country. Jacob Hoffmann, Waters Rec. E. J. Waters, Walter F. Krempec.
Dated March 19, 1934. South Bend, Indiana. On Motion of Councilman Roll the Petition was
accepted and ordered to be placed on file, also that the City Attorney straw an Ordinance for
ame. Motion carried. r
PETITION.
TO THE HONORABLE COUNCIL OF THE CITY OF SOUTH BEND, INDIANA.
GENTLEMEN : - We, Xtz the undersigned Property Owners, are petitioning the Council to give Mr.
Fred 0.' Brewer, permission to build a small Grocery Store on the rear of his lot, known as
of 49, Rush Addition, changin said Lot __from "BH residence, #BK height and Area District to ft
"Oil height and Area District. Signed by 28 names) On Motion of Councilman Oakley the
etition was referred to the City Plan Commission to report back to the Committee of the Whole,
also that a Public Hearing be held April 9th, 1934. at,7:30 o'clock P. M . Motion carried.
PORT OF THE COMMITTEE OF THE WHOLE.
o the Common Council of the City of South Bend: _
Your Committee of the Whole to whom was referredn An Ordinance Transferring Funds from One
ub- Division to another Subdivision_in the Department of Health office* Respectfully report
that they have examined.the matter and that in their opinion the said Ordinance should be
eported Favorable. Jno. 0, Hiss, Chairman. The report was accepted by the 0ouncil-xXmtt0xxZRXXk
PORT OF THE COMMITTEE OF THE WHOLE.
o the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred An Ordinance Regulating and Licensing
ertain occupations Relating to entertainments, exhibitions and amusements at Restaurants, Public
ating Places and Clubs. Respectfully report that they have examined the matter and that in
heir - opinion the said Ordinance should be reported Favorable as amended, by the following
ddition to the first three sections of said Ordinance. 0 This section shall not apply to the
se of a radio and / or phonograph in in such a place, or places, unless there be dancing to the
usic furnished by such instruments ". Jno. C: Hiss, Chairman. The report was accepted by the
ouncil.
RDINANCE NO. OAF .
An Ordinance-Transferring Funds from One Sub - Division to another Subdivision innthe
epartment of Health Office*
The Ordinance was given its third reading by title, and was placed upon i6l age and
ssed b the following vote: Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, A018hkowiaks
a y
ripe and Gustin voting Aye, Councilman Hiss absent from the room. Ayes 10, Na s 0. Ordinance
dopted.
RDINANCE NO. 3050.'
An Ordinance Regulating and Licensing certain occupations Relating to enteratainments,
xhibitinns and amusements at Restaurants, Public Places and Clubs.
Thy Ordinance was given its third reading by title, and was placed upon its passage and
assed as amended by the following vote: Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss,
'sk Grzeskowiak, Cripe and Gustin voting Aye, Councilman Oakley not voting. Ayes 10, Nays 0.
) rdinance adopted as amended.' ( See page 23:
( Concluded )
ORDINANCE N0.
An Ordinance amending Ordinance No. 2243 adopted by the Common Council of the City of
South Bend Indiana March 27, 1922 and commonly known` as` the Building-Code.
The Ordinance was given its first reading by title, its second reading in full and
on Motion of Councilman Grzeskowiak was referred to the Committee of the Whole. Motion
carried.
On Motion of Councilman Oakley, the Council adjourned at 8 :45 o'clock P. M. Motion "
carried.
ATTEST APPROVED
CLEW VICE — PRESIDENT
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