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HomeMy WebLinkAbout02-24-36 Council Meeting MinutesREGULAR MEETING MINUTES Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Regular Session in the Council Chambers-of the City Hall, Monday evening February 24th, 1936, at the hour of 9:45 P. M. All members were present. President Fish presided. Councilman Goetz moved that the reading of the minutes of the last meeting be dispensed with. Councilmen Jambs seconded the motion. Motion carried. COMMUNICATION: THE TOLEDO TERMINAL RAILROAD COMPANY Mr. H. L. Chambers Sherland Building South Bend, Indiana Dear Sir: February 12th, 1936 I have your letter of the 10th inst., relative to Eastern Standard Time. Some ye-ers ago - Toledo Pdopted Eastern Standard-Time; and -it Is-the breaking point-,for rail - roads; that Is all East and South Roads use Eastern--Standard Time, Roads running West, Central Standard. The public time cards, however, show Eastern time for all arrivals and departures. We find the additional daylight we-get through the summer very beneficial, and I would think the same would hold good in South Bend. People readily conformed to the change, and as I remember it there was little or no complaint at the time it was adopted in Toledo. Yours very truly, A. B. Newell The communication was accepted and ordered to be placed on file. To the Common Council of the City of South Bend. Gentlemen: THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTH BEND LIONS CLUB AT THEIR MEETING FEBRUfiRY 19, 1936. Whereas, there- is now before the Common Council of the - City of South Bend end the County Commissioners of St. Joseph County, a movement to acquire title to the land now occupied and leased for - Municipal. Airport purposes °by the City of South Bend; and whereas, the South Bend Lions Club have discussed and considered: the proposed purchase of said track of land; be it there- fore resolved, that the South Bend Lions Club endorse the movement to acquire title to said trac of land. by the City of South Bend or the St. Joseph County Commissioners, under the most favor - able conditions possible and with a. minimum of delay. -Be it further resolved that a copy of this resolution be presented to the Common Council of the City of South Bend end the St. Joseph County Commissioners. Emil F. Sh2rp Pres. Geo. A. Knoblock Sec. The communication was accepted erd ordered to be placed on file. REPORT OF CITY CLERK'S CERTIFICATE OF PROOF OF POSTING OF NOTICE TO TAXPAYERS. In the matter of determining additional appropriations for extra funds for the discharge of an obligation of the City due the Cities Service Oil Co. of Chicago for gasolene furnished the Police Department for the months of September and October, 1930, and for City Street lighting. And transferring of monies from the Fire Department Salary account to account for repairs to the City Hall and from the Police Salary account to the account for improvement tb City Buildings And also from the- zenerrl fund in the department of PublicParks of the City to certain subdivisi ns in said dap_ artments. South Bend, Indians, Pebruary 25th, 1936 .I, Mary B. L. Taylor, City Clerk of the City of South.Bend, Ind:, do hereby certify that a. copy of the attached- notice we's published in the South Bend News= Times -and the South Bend Tribun two daily newspapers, on February 14th and 21st, 1936, both published in the City of South Bend, Indiana, also that I have posted notices in the following places, to -wit: In the Corridor of the City Hall, South Bend, Indiana; In the Corridor of the Court House, South Bend, Indiana. In the alley in the rear of the Court House, South Bend, Indiana, all being public places in said City. . In Witness Whereof, I hove hereunto set my hand and affixed the Seal of the City of South Bend.,., IndiPnr, this 25th day of February, 1936. (OFFICIAL SEAL) Mery B. L- Taylor City Clerk - The report was accepted by the Council end ordered to be placed on file. Motion carried. REPORT OF THE 00191ITTEE OF THE WHOLE. Be it remembered that the Common ftancil of the City of South Bend. `Indians, met in the Council Chambers of the City Hell, Monday evening Februery 17th, 1936 at 7:30 P.Y. for Committee of the Whole meeting. All members were present. Chairman Goetz presided. Councilman Hull, Chairmen of the Ordinance Committee reported that the Electrical Code Ordinance No. 3141 as amended be recommended as favorable -to the Council. Councilman James moved that the necessary steps be taken to transfer to St. Joseph County all equities and liabilities of the City/ Councilman Chambers sedonded the motion. motion - carried. in connection with the Bendix Airport. EDWIN W. HUNTER City Attorney South Bend, Indiana. February 19, IR36 Mr. Guy A. Fish, President Common Council of the City of South Bend Honorable Mr. Fish: It t ' As per the request or the uivic uommittee ana the uouncil of tne-municip'aiity of ;joutn bena i have made a thorough- study of the ability of the city of South Bend to incur an indebtedness, wither in the nature of bonds or assuming-the debt-and beg to submit the results of my findings as a result of the examination of the various debts pending against the City, outstanding bonds and claims of questionable character. The Controller has.-submitted this evening, I understand, a statement showing that we have a the - oretical -bond availability of approximately $196,000.00. From this must be'deducted. the water bill of the -city which- has been construed by a court of law to be a valid and smbeisting indebt- edness in the approximate sum-of $60,000.00. And -for the purpose of determining such availabili y all of the figures mentioned- in- his- report should be construed as-actual indebtedness-although t e city does not-recognize liability by reason of no appropriation in those cases which would make an additional sum of approximately-$10,000.00 or a possible availibility of $126,000.00. However it must be borne -in mind that there are in litigration in the various courts of the coun claims in the following amounts: James Hatt and other police end fire employees claims aggregating $60,000.00 Theresa Mooney for damages, 45,000.00 A judgement of Charles Burns, former City Sealer now appealed in the Supreme Court in the of $2,000.00. Anthony_Korpal, a claim of $5,500.00. Northern Indiana Wholesale Grocery Company, a claim of X30,000.00. Anthony Bu.choltz, n claim of $5000:00. Altogether these claims in litiation totel-$115,000.00. For the purpose of this review -_L don.'t.. believe any of- these, claims would be valid and aub- sisting until reduced to judgement, however that is nay own personal opinion. 1t has been held by e number of the leading bond attorneys_of the state that -under the ex- isting Dollar and a Half -Law no bonds msy be issued where -a murricz ality -such as South Bend has budgeted with otherr corporations of the county a sum of excess of $L 50 excluding the amount go- ing for bonded indebtedness. Bearing in mind- the foregoing -and- if this council -may-e xclude the question of emergency, the question of the Dollar end Half -Lew and the various litigettons pending the city would be, in my opinion, in a position to beer a possible bond availibility or debt 2vailibility in the sum of approximately 4126,000.00. Respectfully submitted, Edwin W. Hunter- City Attorney South Bend, Indiana Mr. Hunter reed sbtd letter - and -was ordered to be placed on file. Motion carried. Chairman- Goetz, ord -ered - Committee of the Whole to take - a recess -of­ten minutes to 'give nor. Huntez end the 'Qviation- Committee time- to formulate Couneilma:n James' motion into a- resolution. Councilman Chambers moved that the Common Council meet immediately after the Committee of the Whole adjourned. Carried. Councilman Hull- moved that the City Attorney-draw a speciel call for this meeting. Tf Committee of the Whole adjourned at 9:50 P.M. SPECIAL MEETING FEBRUARY 17th, 1936 Be it remembered that- the Common Council of the" City of South--Bend, Indiana, m-et in the Special Session in the-Council Chambers of the City Hall, Monday, evening- February 17, 1936, s.t the hour of 8:51 o'clock P, M. All members were present. President Fish presided. - South Bend,'Indiana Feb. 17, 1936 Mr. George Hull 8 :50 P -M- George Goetz- Mr. Wm Bierwagen Mr: Wm. James Mr-. -. Fred Kerner Air. Guy A Fush Howard--Chambers William Rasmussen Max Palicki You and each one of you are hereby notified that there will be a special meeting of tr Common - Council -tn the Chambers -of the City Council forthwith to consider the pe_ssage of the att- eched resolution and for that purpose only. Fred -G. Kerner Geo. F. Hull M. J. Palicki Geo. W. Goetz Howard L. Chambers -Wm. Bierwa:gen Wm.. S. James­ Guy A. 71 sh Wm. Rasmussen The report of- the -Call for Special Meeting of the Council was accepted by the Council and order to be placed on file. Motion carried. RESOLUT TON 1 • ie Be it resolved that because of the inability of the city to- purchase the Bendix Airpor it is-the sense of the Common Council that -the necessary stepsbe taken by the several city unit involved -to turn over to the St: 'Joseph County all equities and liabilities now held by the,dity of South Bend in connection with-the Ben n dix Airport, if and when the St -. Joseph County Council, County Commissioners snd State Tax Bosrd approve and consumnte the outright purchase by the County; provided the County start legal action for the purch ?se within 30 days. Wm. S. James Councilman Hull moved that the resolution be adopted. Motion carried. Resolution -was-paseed by the following vote Hull, Goetz, Bierwagen, Kerner, Fish, Rasmussen, Chambers, James and Palicki. Ayes 9 Nays 0. Resolution adopted. Councilman Hull moved that the Council adjourn. Council adjourned at 8 :53 o'clock P.M. •. 01 • (CONTINUED FROM PAGE 374) REPORT OF THE COMIITTEE OF THE WHOLE To the Common Council of the City of South-Bend: Your Committee of the Whole to whom was referred- An Ordinance appropriating--t e sum of $266.72 from the General Fund of the City of South Bend to Account -P -13, the Police Department Gasolene Fund for the discharge of an obligation of the City due the Cities Service Oil Co. of Chicago for Gasolene furnished the Police Department for the months of September and October, 1930. Respectfully report that they have examined the matter and that in their opinion should be reported favorable. Geo. W. Goetz, Chairman. the report wes a'ceepted by the Council and ordered to be placed on file. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South-Bend: Your Committee of-the Whole-to whom wa:s referred an Ordinance transferring the sum of Five Hundred Dollers from- the Fire Department Salary Account numbered Q -I to Account H -14A for repair to the City Hall. Respectfully report that they have examined the matter and that in their opin° ion should be.. reported favorable. George, W. Goetz,- Chairman. The report was accepted-by the Council and ordered to be placed on file. Motion carried. REPORT OFT HE COMMITTEE 4OF THE WHOLE To the Common Council of the City of South Bend; Your Committee of the Whole to -whom was referred an Ordinance appropriating-the sum of-$2001 from, the General Fund~ of the City of South Bend to-Account- Numbered H -10; being the Fund for Cit; Street Lighting tn - the - Electrical Department. Respectfully report that they have examined the matter and that in their opinion - should be reported- favorable as amended. Geo. W. Goetz, Chairma: 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 t-Tagsferrfng�-�thb- sum -of $13 7.! from the Police Salary: Account', Numbered— P-1 to the Account- for Improvement to City Buildings, be. ing Account- H -14A, all under, the General Budget': Resp�ectful°ly . report " -thet they have- examined th, matter and that in-,their opinion-- should be reported favorable. iGea; W. Goetz, Chairman The reportsr'accepted- by the Council and ordered to be placed on file. Motion carried. ORDINAN -CE ITO. 3141 as amended An Ordinance amending Ordinance #2243 as amended by Ordinance #2928, the same being an Ord - inance regulating -all matters concerning or pertaining to the construction, alteration,` repair or additions to, remodeling, use or occupacy - -of buildings or their parts and structures of every nature in-the-City of South Bend, Indiana; - Providing for the - condemnation and stoppage of the use thereof, and the wrecking of the same, creating the office of building- commissioner, assistan- building commissioner and City Electrician and providing for- the office of the Building Depart - ment Repealing till former- ordinances or parts thereof conflicting therewith adopted by the Common Council of the City of South Bend, March 27,-1922,.,-.and approved by the Mayor , March 30, 1922 and published April 6th, of the same year, Commonly nown as the Building Code of the City of South Bend, Indiana and adopting the 1935 National Electrical Code and its amendments as a. r�art of this ordinance, excepting such parts of which are less restrictive of in conflict with this Ordinance. The Ordinance was given its third reading by title. Councilman Goetz moved that said ord- inance be held in the committee of the whole for one week. Councilman James seconded the motion Motion carried. ORDINANCE N0. 314. An Ordinance appropriating- the sum of $266.72 from the General Fund of the City of South .Bend to Account P -13, the Police Department Gasolene Fund, for the discharge of an obligation of the City due the Cities Service Oil Co. of Chicago for Gasolene furnished the Police Department for the months of September end October, 1930. _ The Ordi�nence -° -was given-, its ,gird - reeding by title, and wa-s placed upon its passage and pas ed by the following votes Hull, Goetz; Bierwagen, James, Kerner, Fish, Chambers, Rasmussen and Palicki. Ayes 9 Nays 0. Ordinance, adopted. ORDINANCE NO. 3149 An Ordinance transferring the sum of Five Hundred Dol7:ars from the Fire Department Salary Account Numbered. Q -I to Account -H -14A for repelr-s to the City-Hall., The Ordinance was­ given, its third reading by- title, end --was placed- upon its passage- and pass ed by the following, vote #.- Hull, Goetz, 1111*11kax, JENNNN, Kerner, Fish, Chambers,s Rasmussen and XXXXKXX. Ayes 6, 3. Ordinance adcpted. ORDINANCE NO 3190 as amended An Ordinance appropriating the sum of $2000.00 from the General Fund -of the Citv'of South Bend to Account Numbered H--10, being the Fund for City Street lighting in the Electrical Departmi The ordinance was given its third reading by title, and was placed upon its passage and lost by the following vote: Hull, Goetz, Kerner, Chambers, and Rasmussen - 5 ayes. Bierwqgen James, Fish and Palicki - 4 nays. Ordinance Lost. ORDINANCE N0. 1 1 An Ordinance transferring the sum of $137.50 from the Police Salary Account, Numbered P -1 to the account for Improvement to City Buildings, being account H -14A, all under the General Budget. The Ordinance was given its third reading by title, and was placed upon its passage and pass ed by the following vote: Hull, Goetz, Bierwagen, James, Kerner, Fish, Chambers, Rasmussen, and Palicki, 6 ayes and 3 nays. Ordinance-edopted. - - ORDINANCE NO. 1 2 An Ordinance appropriating certain sums from- the General Fund or °--operating - -balance in the D( partment of Public Parks of the City of South Bend, Indiana, to certain subdivisions-in said Department and Transferring certain sums from Subdivisions in the-said department to other sbb- divisions in the same department ell as hereinafter set out. Ccuncilma.n Bierwsgen moved that said ordinance- be held in the Committee of the Whole until March ZU'd, 1936. Councilman Palicki-seconded the motion. Motion carried. Ordinance Councilman Goetz moved that Council d aouss"'Traffibt on March �Rnd,1936. Councilman James sec- onded the motion. Motion carried. This meeting to be in charge of the Board of Public Safety. Councilman James moved that the Controller be instructed to furnish the Councilmen with conies of the Computation of the Tax Levy as approved by the State Tax Board. There being nofurther business, Councilman Rasmussen made a motion to adjourn. Motion carried. Council adjourned at 9 :42 o'clock P.. M. ATTEST CLERK . r r r