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HomeMy WebLinkAbout09-26-38 Council Meeting MinutesMINUTES Be it remembered thct the Common Council met in the Regular session in the Council Chambers in the City Hall, Monday evening, September 26th, at the hour of 7:35 P. M. All members were present. President Hull presided. The reading of the minutes were dispensed. with on the motion of Councilmen Hull, seconded by Councilm *n Goetz. Motion carried. CERTIFICATE OF POSTING NOTICE TO TAXPAYERS South Bend, Indiana September 27th, 193P I, Mary B. L. Taylor, City Clerk of the City of South Bend, Indiana, do hereby cert-Ty that a copy of the attached notice was published in the South _Bend .Tribune and the South Bend News Times, two daily newspapers, on the 16th and 23rd of September, 1938, both published in the City of South Bend, Indiana, also that I have posted notices in the following places: to -Tit: 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 r.lacds in said city. In witness whereof, I have hereunto set my hand and affixed the Seal of the City of South. Bend, Indiana, this 27th day of September, 1938- { SEAL) Accepted by the Council and ordered placed on file. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Mary B. L. Taylor City Clerk #3259 Your Committee of the Whole to whoa wa.s referred An Ordinance appropriating the sum of forty thousFnd dollars 040,000.00) from the funds to be received from the Auditor of St. Joseph County under order of the Portage Township Trustee for funds to be supplied to assist the Municipal City of South Bend in the sponsoring of projects pursuant to an agreement filed with this body entered into by and-'between the Board of Public Works and Safety and the Portage Township Trustee and to be a fund known as the special W.P.A. fund. 'Respectfully report thet they have examined the matter end that in their opinion should be 1eported favorable. Geo. W. Goetz, Chairman. The report was accepted by the Council and ordered placed on file. REPORT OF THE COMMITTEE OF THE WHOLE #3260 To the Common Council of the City of South Bend: Your Committee of tee 'Whole-to whom was referred An Ordinance appropriating the sum of Six Thousand Dollars (th,c;00.00) from the funds to be received from the Auditor of St. Joseph County under order of the Portage Township Trustee for funds to be supplied to assist the Municipal City of South Bend. in the sponsoring of projects pursuant to an agreement filed with this body entered' into key and between the department of public parks and. the Portage Township Trustee and to be a. fund known as Account #712 A. Respectfully report that they have examined the matter and that in their opinion should. be reported favorable. Geo. W. Goetz, Chairman. The report was accepted by the Council and ordered placed on file. COIiiITTEF OF THE WHOLE MEETING September 26th Mr. Chairman City Council South Bend, Ind. With reference to a petition referred to the Traffic Committee regarding taxi rates: After a tr.o ;ougn investigation of the conditions and rates in other cities our size; profits, overhead exbense etc., connected with the business, we wish to recommend the Council our report, which is as follows: That the City Attorney be instructed to amend the Section 13, paragraph #4 to reed: not more than twenty -five cents, in the taxi ordinance and presented same at the next council meeting. (signed) Councilman Hull moved that said report be adopted. Motion carried.. COMMUNICATION: Geo. F. Hull Chairman Wm. S. J-mes Geo. W. Goetz Councilman James seconded the motion. Doubtless all parents of South Bend are familiar withfthe tragic death of the. three childreh € rsulting. from the use of fire-works on 1 _ Mrs. Henry, President of the locel Parent Teacher Association City Council wne eplled bV a ion and the newspapers to inquire wha..t attitude the Parent - Teacher number of people - organisat Association would, take on the future use of fire -works meeting of the Safety Committee of the P.T.A. City Council held Wednesday, September 7, At a Mrs. Henry reported the active interest of these citizens t -oward this phase of public sef_ety. After much discussion of the ramifi.cstions of the problem it was decided that in as much as our neight oring states Ohio and Michig€_n - and the city of Mishaweka, hsve passed laws for- bidding the sale and use of fire -works without supervision in public demonstration, this committee wished to make a resolution to be submitte' to the P.T.A. City Council for Ppproval. Mr. Harris, Principal of the Elder and Franklin Schools made a motion that Mrs. Gartner write the resolution banning the use and sale of fire -works in South.Bend. PROPOSED RESOLUTION The Parent Teacher Association would like to go on record as apposing the use and gale of fire -corks in South Bend, unless the fire -works are for public displays with proper siupervisio n. Madame ChPirmPn, I recommend that South Bend. Hespectfully submitted, Allegra J. Ingleright, Mrs. D. L. Henry Mrs. W. H. Gartner Mrs. G. R. MacGregor Mr. C. M. Harris Mr. 0. Hoyle t:is resolution be adopted u:; the P. T. Ch. A. City. Council of The Parent Teacher Association would like to go on record as opposing the use Pnd sale of fire -works in South Bend, unless the fire -works Pre for public displays with proper supervision. Respectfully submitted by Safety Committee Allegra J. Ingleright Mrs. D. L. Henry Ire. W. H. Gartner. • Tars. G. R. MacGregor Mr. C. M. Harris Mr. 0. Hoyle Unanimous approval and adoption was given this resolution by the P.T.A. City Council on Mondu.y 'September 1P, 7.939. Mrs. Gartner Sec' Y. Councilmen Goetz moved spid concur with resolution and place on file. Councilmen Kerner seconded the motion. Motion carried. PETITION: TO HONORABLE THE BOARD OF PUBLIC WORKS AND SAFETY AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IND. We, the undersigned, property owners owning property on both the east and west sides of the 100 and 200 blocks on South Mende Street, South Bend, Indiana, do hereby respectfully state that the asphelt• pavement in said blocks is in a bad and poor state of repair; that it is sunken on the west side; thet it is rough and uneven ends racked; that by reason of its said condition it is dangerous for vehicular traffic. And the undersigned respectfully petition that jou cause the same, with all expediency, to be repaired and to be put in a. safe condition for t raffic. 15 signers Councilmen Goetz moved that said petition be referred to the Bocrd of Public Forks. Council - mP:n Bierwa.gen seconded the motion`. Motion carried. PETITION: LABOR'S CIVIC COMTi , ITTEE 919 S. MICH. St., South Bend, Indiana Sept. 26, 1939 . Common Council City of South Fend, Ind. Gentlemen: Please be.pdvised that we, Labor's Civic Committee, of South Bend, Ind., do hereby present A petition file bearing the names of eligible voters of this city in excess of the five per cent of all votes cast in the last preceding city election for all ce.ndidsites for City Clerk, Ps requested by This petition requests a munieipslly owned and. epereted electric utility for this community;; to*be acquired by meFns as stated on.the :reading of the petition. We feel that favorable action on this matter will result in a, substantial staving to the tax peyers end consumers of electricity of this community. We recommend, Ps a, matter of convenience and savings to the tax payers of this community, that the election necessary on the Pbove proposition ce held along with the November, 1938, City Election. Cordially yours, Albert Botos Chairman TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA We; the undersigned residents and voters of the City of South Bend, St. Joseph County, Indiana, (constituting more than five per cent of the voters of said city as shown by the total votes cast for all candidates for City Clerk at the last preceeding City election held. in November 1934), HEREBY PETITION THE CO.�,MON COUNCIL of said. City to scquire by purchase negotiation or be legypl condemnation proceedure and operate: the public utility electric local property owned and opernted by Indiana Pnd Michigen Electric Company located in the City of South Bend and in the rural territory within six miles of the corrorate limits of South Bend, provided that the electric utility property to be so acquired be used and useful in serving said city and the public wits -,in said city ^nd adjacent re.ral territory. This petition is circulated and filed under the provisions of Chapter 76 of the ,Acts of the Indiana General assembly far-the year 1913, and all laws amendatory thereof and sup Iemental thereto, pertiaularly Chapter 190 of the Acts of 1933, Chepter 293 of the Acts of 1 35, a.nd. Chapter 119 of the acts of.1937. We further petition the Common Council to order a special election on the above proposition at the earliest possible date es stipulated in Sectior_ lF of Chs_pter 190 of Indiana Acts of 1933, n.nd also when end if the above electric utility property is acquired by the city we request that the management and operation thereof be nlpced under an independent Utility Service - Board with Board of Trustees as set forth in Section 19 Chapter 190 of Ind.iena. Acts of 1933. ( signers) ` Councilmen Rasmussen moved that -said petitions be referred to the Ways & Means Committee and that they report back to the Committee• of the Whole. Councilman James seconded the motion. Notion carried. ORDI NANCE NO. 325 An Ordinance epproprya ins the sum of Forty Thousand Dollars ($40,000.00) from the funds to be received from the Auditor of St. Joseph County under order of the Portage Township Trustee for funds to be supplied to assist the municipal City of South Bend in the sponsoring of pro - jects pursuent to en agreement filed with this body entered into by and between the Board of Public Works and Safety and the Portage Township Trustee and to be a fund known as the S!- ,ecial W. P. A. fund. The ordinance was given its third r.eadsng by title end pleced upon its passage and pe.ssdd by the f oll.�wing vote: Hull, Goetz., Biei:wegen, James, Kerner, Fish, Chambers, Rasmussen and Palicki-. 9 Eyes. 0 nays. Ordi:nan -ce adopted. ORDr,7ANCE NO.. 3260 Thousand -0ollers ($6 000.C)O) from the funds to be An Ordinance a pr pri.e�ing the sum of Six received from the Auditor-of St. Joseph County under order of the Porte.ge Township Trustee for funds to be supplied to assist the Municipa+.l City of South Bend in the sponsoring of projects pursuant to nn agreement filed with this.body entered into by �?nd between the Department of Public Parks end the Portage Township Trustee and to be a fund known as Account 4 712 A. The Ordinance was given its third reading by title and xalaced upon its passage and passed by the following vote: Hull, Goetz, Hierwage, James, Kerner, Fish, Chambers, Rasmussen and Pali.cki. 9 aye -. O nays. Ordinance adopted, ORDINANCE NO. 3261 An Ordinance ;providing for speciel election to acquire electric The Ordinance was given its first re?ding by title, its seopnd Goetz moved. that said ordinance be referred to the Ways & Means Electric Company' and with the Board of Public Works at earliest Rasmussen seconded the motion_. Motion carried. local public utility property. reading in full. Councilmpm —i Committee to confer with the -possible de,te. Councilman RESOLUTION: R E S O L U T I O N RESOLUTION DIRECTING THE MAYOR TO PROCLAIM OCTOBER 11th, 1935, "GENERAL PULASKI'S MEMORIAL rAY" FOR THE OBSERVANCE AND COMMENCORATION OF THE DEATH OF BRIGADIER GENERAL CASIMIR PULASKI BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: That the llth''day of October 1�79, is the date in American History of the heroic death of Brigadier Genera Casimir Pulaski, who died from wounds received on October 9th, 1r79, at the siege of Savannah, Georgia; and WHEREAS, it is fitting. that the r ecurrin g anniversary of this day be commemore.ted with suit- able patriotic and Public exercices in observing and commemorating the heroic death of this great American Hero of. the Revolutionary War; thefefore be it RESOLVED, that the Mayor of the Gity of South Bend is authorized and directed to issue a proclamation celling upon people of the Government to display the fleg of the United States on all governmental buidings on October 11th, 1939-, and inviting the people of the City of South Bend to observe the day in schools and churches or other Suitable places, with approprini ceremonies in commemoration of the Death of General Casimir Pulsski. Councilman Chambers moved, said resolution be Motion carried. RESOLUTION: RESOLUTION NO. ADOPTED Geo. F. Hull' MENBF.11 OF THE COMMON COUNCIL adopted. Councilman Goetz seconded the motion. 1938 193E Indianapolis In ia,na have s b— WHEREAS, PIERCE AND ASSOCIATES, Public Utility .Analysts of I�� ��� � witted and proposed an agreement to be entered into by the Board of Public orks of the ity of South Bend, Indiana, which proposed agreement is herewith attached end made a pert of this resolution. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana., that the Board of Public Works of the City of South Bend, Indiane, be authorized and directed to execute and enter into said agreement for end on behelf of said City of South Bend, Indiana: Introduced by: Howard L. Chambers COUNC L:i N Pessed in Council, , 1938 President, Uommon Council ATTEST: ulty uIeric Presented by me to the Mayor of the City of South Bend, Indiane, , 1938 Approved sand signed_ .1 193 PIERCE AND ASSOCIATES PUBLIC UTILITY ANALYSTS INDIANAPOLIS, INDIANA AGREEMENT City uIerx Mayor WHER'TAS, the City of South Bend, St. Joseph County, Indiana, hereinafter known as the First Party owns and successfully operates its local Water Works utility; and IMERE9.S the City and its citizens are interested in finding out whether there would be any �d.venta�als in city ownership of the local electric utility and are especially inter °ested in sprendirg the tax base and making a reduction in t =xes on real estate, and WHEREAS, PIERCE AND ASSOCIATES, Public Utility Analysts, of Indianapolis, Indiana, herein after known es Second Party heve twenty -five years experience in.appraisa.ls and accounting and financiel analysis of public utility properties and are competent to sGcist the city; and have succeeded can behalf of cities in Indiana in defending the Indiana ststutes cover- ing acquisition of public utilities by cities by legal condemnation proceedure, and secured for the City of Lebenon, Indiana, the Indiana Supreme Court decision of Nay 11th, 1938, upholding the right of the City (after favor..ble referendum vote of the people at a special election) to acquire - public utility property by lega_1 condemnation, NOW T HF'EFORE, spid First party does hereby agree to and does retain said Second Pprty to pre- pare and furnish the city rnd its citizens with Preliminary Report showing the advantages to the City send. its citizens of operation under city ownership of the local electric utility pro- perty end whether said utility property could be paid for out of utility earnings without cost �o the civil city, and any other pertinent details necessary for the city end the citizens to know and to consider. When and if the city should proceed (after an election is held) with the acquisition of the local electric utility property Second Party shall furnish all legal, technicalnd other services of proceedure required to accomplish acquisition by the City cf the electric utility property. It is understood and agreed that if the city does not a_cqu.ire said electric utility property no compensation whatever shell be paid by the First Party to Second Party. If said electric utility property is acquired by the city the consideration to be Paid Second Party by First Party shell be ws follows: For leg-el. services one per cent, and for technical and other services one per cent of the price Pt which said. utility is acquired providine7 said acquisition is accomplished without any appeal from the decision of the Circuit Court; For any appeel from the Circuit or other court the consideration shall be an additional one half of one per cent for legal services end one hs.lf of one percent for technical and other services: Said compensation shall be payable only from proceeds of Revenue Bonds, when and if issued. When and If said acquisition is accomplished, then said First Party Agrees to issue and deliver to Second Perty revenue bonds necessary to provide proceeds to pay for said utility -property end its acquisition cost and Second Part agrees to purchase said revenue bonds at per, the revenue bond interest coupon rate to be 4% per year. (this bond interest rate is based on the present financial market and in case of war, or legislation making such bonds taxable, or other conditions causing upset in revenue bond market, said First end. Second Psrties agree to make supplemental bond agreement.) Said Second. Party agrees to start work immediately upon acceptance of this Agreement by the City sand Second Party agrees to continue working for and. in behalf of the City until the ec- quiFition proceedure is terminated.. IIN WITNESS WHERTOF, APPROVED: the parties hereto 1939 . , 1938 heve set their hands and seals this day of CITY OF SOUTH BEND, INDIANA First Party Board of Public Works- 68 , Mayor ATTEST: PIERCE AND ASSOCIATES Second Party city clerk By Councilman Chambers moved th ^t slid. resolution. be referred to the Ways & Means Committee Councilrrpn R2smusGen seconded the motion. Motion carried. There being no further business Ceuncilmnn Goetz moved to adjourn. Councilman Bierwagen seQnnded the motion. Motion carried. Council adjourned et 0-:FO P. M. ATTEST: ATTEST: CLERK/ l PR DEN T