HomeMy WebLinkAbout01-16-39 Council Special Meeting MinutesMINUTES
Be it remembered that the Common Council met in Snecial Session in the Council Chambers in the
City Hr.11, January 16, 1939, Pt the hour of 7 :35 P.M. All members were present. President
McCarthy presided.
4ALL FOR SPECIAL MEETING OF COMMON COUNCIL
OF THE CITY OF SOUTH BEND, IND.
TO THE CITY CLERK AND PRESIDENT OF THE
MEMBERS OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA:
Gentlemen:
You are hereby notified that under Pnd by virtue of the :authority vested in me as Mayor of
the City of South Bend, Ir_diPnn, a sr.eciPl meeting of the Common Council of said city is here-
by called to meet at the hour of 7 :30 o'clock on January 16th, 1939, in the Council chamber
in sPid city. The purpose of said meeting is to form 2 Finance Committee for the City and to
approve or reject a contract • entered into between the Board of Public Works and Safety of the
City of South Bend and Alex Langel, Trustee of Portage Township, St. Joseph County, IndiPnP,
concerning payment of money for Works Progress Administrrtion projects.
The City Clerk is hereby directed to c ?use the Chief of Police, or a. member of the Police
Department to serve P copy of this notice forthwith on each and every member of the Common
Council of said city, Pnd mPke due return of said service Pt sPid special meeting.
Signed.) J. I. Pavey
?�ayor
I, Marie Nelson, Clerk of the City of South Bend, Indiana, do hereby certify that a copy
of the above notice was served upon the President and each member of the Common Council of
said City prior to the date set for the meeting.
(SEAL)
(Signed) Marie H. Nelson
Citv Clerk
The within call came to hind this 13th dPy of January, A.D., 1939, which I served by reeding
the same to each councilman, upon the d.Pte d.esignPted, Ps follows:
Geo. F. Hull W. A. Bishop
J. M. McCP rthy M. 0. Brannon ( H. B . )
Clem Niezgodski Leo M. Jordan
W. F. Pulaski W.- J. Richardson
George Heideman (V.H.Heidempn)
(Signed) Campbell °r Light
M'PIBER OF SOUTH BEND POLICE DEPT.
President McCarthy Psked for nominations for the Chairmanship of the Board of Finance. Council -
men Hull nominr-ted Mayor Jesse Pavey. The nomination wins seconded by Councilmen Pulaski.,
President McCa.Tthy asked for e verbeltote. Mayor Pavey wes elected by acclamation.
RESOLUTION:
RESOLUTION OF THE CO'NTMON
ENTERED INTO BETWEEN THE
A11D ALEX LANGEL, TRUSTEE,
MENT OF FUNDS BY PORTAGE
ADMINISTRATION PROJECTS.
COUNCIL OF THE CITY OF SOUTH BEND, LONG
BOARD OF PUBLIC WORKS AND SAFETY OF THE
OF PORTAGE TOTNSHIP, ST. JOSEPH COUNTY,
T0XNSHIP TO THE MUNICIPAL CITY OF SOUTH
W I T N E S S E T H
ER.NING A CERTAIN CONTRACT
CITY OF SOUTH BEND, INDIANA,
INDIANA, CONCERNING THE PAY -
BEND FOR WORKS, PROGRESS
THAT WHEREAS, certrin projects being carried out by the '?forks Progress Admin.istrPtion Pre
now being sponsored by the Board of Park Commissioners for the Municipal City of South Bend,
Indinne, Pnd certPin other projects Pre under consideration and maybe sponsored by sPid Board,
end
WHEREAS, the Board does not hive funds out of which to purchase mpteriPls and equipment for
the carrying out of said projects, Pnd
WHEREAS, Portage Township, St. Joseph County, Indiana, through its Trustee, Alex_ S. Langel,
for the purpose of removing w ople from the relief rolls of said Township, has agreed in a con -
trrct entered into between said Alex S. Langel, as Trustee,for Portage Township, St. Joseph
County, Indiana., And the Board of Perk Commissioners for the Municipal. City of South Bend,
Indiana, to z)ay to the Board of Park Commissioners for the Municipal City of South Bend, Indiana
the sum of $6.75 per mPn per month for ePcb man tPkenfrom the relief rolls of said Portage
Township, end employed by the Works Progress Administration on projects sponsored by the Board
of Park Commissioners of the Municipal City of South Bend, Indian^, and
WHEREAS, said Board his agreed in said contract to use said money so derived from Portage
Township for the purpose of i urnishing mPterials Pnd equipment for the carrying out of seid
Forks Progress AiministrPtion projects,
NOW, THEREFORE, BE IT RESOLVED that said contract entered into between Alex S. Langel,
Trustee of Portage Township, S+. Joseph County, Indipre , n-nd the Board of Perk Commissioners
for the Municipal City ofSouth Bend, Indiana, which contract is dated January 16th, 1939, end
a copy of which is attached hereto, be and the same is hereby in P11 things confirmed and rnti
fied by the Common Council of the Municipal City of South Bend, Indiana, this 16th day of
January, 1939•
(SEAL)
Attest:
(Sip-ned) M= r.ie H. Nelson
Clerk of the Common Council of the
04 +ir of Qn,. +h SZ onA T "A 4 --nn
(Signed) J. AR. McC;�.rthy
President of the Common Council of the
City of South Bend, Indi?nn
Councilp?n Hull moved that the resolution be adopted. Councilmen Bishop seconded the motion.
Motion carried.
RESOLUTION:
RESOLUTION OF THE BOARD OF PARK COMMISSIONERS APPROVING A CERTAIN :'CRITTER? CONTRACT WITH ALEX
LANGEL, PORTAGE TOWNSHIP TRUSTEE, FOR THE JOINT SPONSORSHIP OF CERTAIN PROJECTS AND AUTHORIZIN
ITS EXECUTION A COPY OF WHICH CONTRACT IS FILED WITH T HE MINUTES OF THIS MEETING OF THIS
BOARD.
BE IT RESOLVED BY THE BOARD OF PARK.. COMMISSIONERS OF THE MUNICIPAL CITY OF SOUTH BFND,INDIANA:
That said Park Board does now officially concur in and approve the action of the President an
Secretary of said Park Board. in negotiating a certain written contract with Alex La.ngel,
Trustee of Portage Township, for the joing sponsorship of certain projects in the furnishing
of materials on the p?rt of the Park Bo,--rd, nd the furnishing of money by the Trustee, and
the furnishing of money by the Trustee, a.nd the furnishing of men by the Trustee, all es set
forth in said contract above referred to, and thnt the said action of the President of said
Park Boerd be, rtnd the same is hereby r^tified and confirmed. by this body, end that the
President end Secretary of said Park Board be, and they are hereby authorized and directed
to sign and execute s?id contract above referred to for and on behelf of said Board of Park
Commissioners.
(Signed) W. A. Freeman
Presid ent
The above end foregoing resolution was introduced and a motion for its adoption was m^de by
19m. A. Freeman end was seconded by John B. Sniadecki end upon being put to a vote was
u'nenimously ctrri.ed.
(SEAL) (Sip-ned) Err1 S. Gustin
Clerk, Board of Park Commissioners
riuniciprl City of South Bend, Indiana
I hereby certify under the se ^1 of the Boerd 'of Park Commissioners for the Municipal City of
South Bend, Indiana, that the above End foregoing is a- full, true, complete, and correct copy
of the Resolution duly ,-d.opted by said Board ,t �_ meeting of said Board held on the 16th
day of Janus ry, 1939.
(Signed) Earl S. Gustin
Secretary of Bo, rd of Perk Commission
MunicipPl City of South Bend., Indian€
C O N T R A C T
Contract by and between the Boerd of Perk Commissioners of the Municipal City of South
Bend, Indienr, and Alex S. Lnngel, es Pertege'Township trustee end overseer of the poor, for
end on behalf of Portage Township, St. Joseph County, Indiana., for the employment of men upon
certain projects now filed with the Works Progress Acministr,tion for certei.n described im-
provements jointly beneficial to the Municipal City of South Bend, Indiana, especially its per
end Portage Township, St. Joseph County, Indian,.
This.agreement entered into this 16th dry of Jenuery, 1939, by End between the Board
of Park Commissioners of the Vunicipel City of South Bend, Indiana, end hereinafter referred
to ps pasty of the first, part, rnd Portege Township, SL. Joseph County, Indiana., by Alex S.
iengel, trustee of sr id PortageTownship, S +. Joseph-County, Indiana, and hereinafter referred
to as party of the seaD nd pert,
WITNESSETH
That, whereas, party of the first pert, is now the sponsors of projects filed with the
Work`s Progress Administration and. by them approved, and may become sponsor of certain other
projects not vet approved,*,ich approved. projects have been consolidated into one project know;
for the improvement of the f ollow n
as the City-wide Parks - Project, No. 1-20513 __1 g perks:
Pottrwrtome, Howerd, Studebaker, Leeper, North Perk, Pinhook, Rum Village, which e:±t How rdtPark•
contemplate the building of en edministr:tion building and enlarge the g =ram ;
esta=blishment of a play field at Rum Village; completion of construction of grade end struc-
ture at Pinhook Park; constructing winter qurrters for animeis at Pottnwn..tome Perk; building l
cabin end general landsc -ring at,Leeper Park: end fill in the creek and enlarge the play field
*et Studebaker Park: and in all manners end methods ?pproved_, or to be Ppnroved by the Board.
of Park Commissioners of the Municipe-1 City ofSouth Bend, Ind.inna, and the Federal Government,
end
Whereas, said projects Pre, or will be, of such a: 7a rge cht- ratter th?t they can be
mmde to furnish employment for , large number of citizens of South Bend, and Portage Township,
provided funds are a v,ilpble to pay the monsor's sh ^re of said project in the form of mater-
ials, tools, and equipment necessn.ry to induce the Works Progress Administrrtion to provide f o
the payment of pay rolls, rnd
Whereas the said party of the first part is unable to pay the amount necessary to
provide for the employment of sufficient men to properly terry cut the terms of said projects,.
and
Whereas it is found expedient end desirable to contract with prnrty of the second pert
for the purpose of obtaining men to work upon said projects. Whereas second party is to pay t'.
sponsor a m nsiderati.on hereinafter set forth for each man so employed upon seidprojects and
for the further purpose th ^t srid p -^rty of the second p,.rt may find employment for a, large
number of people now on direct relief in Portage Township. And
Whereas party of the second. part is charged by st2tute withcdministering needs of the
poor ofPortege Township nd. find employment in the most reasonable manner possible, and
Whereas, now second party hFs on direct relief in said Portege Township-employ,ble men
that could be transferred and put upon the ,hove mentionedproject-s. And
Whereas it is the desire of both nerties of this agreement that the respective obliga-
tions of each party shall be strictly set forth.
s
�g
C O N T R A C T
Contract by and between the Boa.rd of Public Works and Safety
for and on behalf of the Municipal City of South Bend, Indians, and
Alex S. Langel as Portage Township Trustee and overseer of the poor for
and on behalf of Portage Township, St. Joseph County, Indiana, for the
employment of men upon certain projects now filed with the Works Progress
Administration for certain described improvements jointly beneficial
to the Municipal City of South'Bend, Indiana and Portage Township of
St, Joseph County, Indiana.
This agreement entered into this 16th day of January, 1939 by
,and between the Board of Public Works end Safety of the Municipal City
of South Bend for 8nd on behalf of said Municipal City of South Bend
and hereinafter rec'erred to as patrty of the first, part, and Portage
Township, St. Joseph County, Indiana, and hereinefter referred to as
party of the second part,
'CPI TNESSETH
TH4T WHEREAS, the perty of the first part is now the sponsor of
projects now filed with the Storks Progress Administre-tion and by them
approved and ma.y become sponsor of other projects not yet approved
which projects contemplate the re- surfacing, re- graveling and re -la.y-
ing of certain streets, alleys and sidewalks, the construction and re=
construction_ of certsinsewers and drainage projects, cleaning of the
,City Hall, filing and classifying of records and certain other projects
in all methods and manners approved; or to be approved, by the Munici-
pal City of South Bend, and the Federal Government., and
WHEREAS, said projects are or will be of such a large chars_cter
t4at they can be made to furnish employment for a la. rge number of
citizens of South Bend and Portage Township, providing funds are avail-
able to psy the sponsor's share of said projects in the form of mater-
ials, tools and equipment necessaryto induce the Works Progress Admin-
istration to provide for the payment of the payrolls, and.
WHEREAS, the said party of the first part is unable to pay the
amount necessary to provide for the employment of sufficient men to
properly carry out said projects, and
WHEREAS, it is found expedient snd desirable to contract with
pasty of the second part for the purpose of obtaining men to work upon
said projects, f or which purpose second party isto pay the .sponsor a
consideration hereinafter set forth for each man so employed upon said
projects .and for the further purpose thet said party of the second
part may find employment for a large number of people now on relief
in Portage Township, and
WHEREAS, second party now has on direct relief in said Portage
Township 1242 employable men that could be transferred and put to
work upon the above mentioned projects, and
'KHEREAS, it is the desire of both parties cfthis agreement that
the respective obligations of each tai rty shall be strictly set forth.
IT 1$ MUTUALLY AGREED
l That pasty of the seamd part shall become a contributor to
the sponsor's share and in consideration of said party of the second .
past becoming a contributor of the sponsor's share of said projects,
party of the first part agrees and stipulates that said first party shall:
(a) Furnish the equipment now owned by the City of South Bend
and necessary to the carrying out of the details of said
projects
Xk-
r
s
t {#
(b) Furnish the engineering, supervision end other nec-
essary information to lay out the particular work
for the employees to be put on said projects.
(c) To furnish on these ?projects above described, mater
tals to the amount of the b2.la nce epproprinted in the
1935 budget for 1939 of the MuniciepL City of South
Bend for 7. P. A. Projects.
Party of the second part on his pert, agrees that in consider-
ation of the employment of such men Ps he may certify tosaid projects
from ielief rolls of the said Township that he will furnish moneys for
the punccPse of myterials, tools, equipment end anything else necessary
to provide the sponsor's share of said projects in an amount equiva-
lent to Six Dollars and seventy -five cents ($6.75) per month per man,
so certified by him and employed on said Projects in the projects
above set forth.
It is mutually agreed that the amount of moneys for materials,
equipment, tools and other supplies to be furnished by party of the
second part shall be limited to and in direct line with the number
of employebles furnished to said projects and used thereon by author-
ity of party of the second part Pt the rate specified above.
It is agreed that monthly audit of employa.bles shall be made
under direction of first party and that money due said first party
by reason of the amount shown in said audit when verified by second
-,party shall be due and payable on the 10th of the month following
the subrpission of the verified statement to the said second party.
It is expressly agreed that this contract for and on behalf
of said Board of Public *Works and Safety, acting for and on behalf
of the municipal City of South Bend shall be subj ect - to and depend-
ent upon the ratification of this action by the Common Council of
the Municipal City of South Bend and by the Advisory Board of
PortP.ge Township, St. Joseph County, Indiana..
It is mutuelly understood and agreed by end between the
parties hereto that the State Board of Accounts of the State of
Indiana will approve this procedure until such time as the present
session of the Indiana Legislature enacts remedial legisletion
touching the subject utter covered by this contract, but if said
Legislature refuses or neglects to ennct said legislation and if
said State Boa.,-rd of Accounts refuses to approve the expenditures
under the terms of said contracts, then said contracts are to be
cancelled upon said refusal and become null end void.
The duration of this contract is based upon a continuance
by the Works Progress administration along the lines and upon .
the plan now in operation Pt the time of this contract. Party of
the second part reserves the right to cancel or change this- contract,
if and when, the present Works Progress Administration sat -up is
modified or changed and in no event is said contract to continue
beyond December 31, 1939.
This agreement executed by and between the parties this
16th clay of January, 1939•
PARTY OF THE SECOND PART PARTY OF THE FIRST PART
i
PORTAGE TOWNSHIP, St. Joseph BOARD OF PUBLIC WORKS Pnd I�
County, Indi^r_a SAFETY
It is mutually Pgreed;
105
1. That the second part shell be come a contributor to "ft `sponsor's sh -re ;-nd
n eonsidera.tlon of said party of the second part becoming a contributor of the sponsor's share
f said project, or projects, party of the first part agrees and stipulates that said first
p.rty shall:
P. Furnish the necessaryengineering, architectural, supervision Pnd necessary information
o lay out the particular work sPIA, employees would be put on spidproject.
b. To furnish the equipment, tools Pnd machinery now owned by the party of the first part
nd necessary to the carrying out of the detrils of said project.
c. To furnish on this project above described materials to the amount of the balance Pppro-
ripted in the 1939 budgetfor 1939 of spidpprty of the first p ^rt for Works Progress Administra-
ion projects.
Party of the second part on his part agrees that I.P. considerction of the employment of such
en Fs he may certify to se.idprojects from relief rolls of the said Township that he will furnish
oneys for the purbh6se of materials, tools, equipment and anything else necessary to provide
he sponsor's share of spid Projects in an amount eauivr-lent to Six Dollars and seventy -five
ents ($6.75) per month per man, so certified by him and employed on said projects in the projectf
bove set forth.
It is mutually agreed that the amount of moneys for mpteri ^ls, equipment, tools ^nd other
upplies to be f urni.shed by party of the second p.-rt Phrll. be limited to end in direct line with
he number of employpblesf urnished to said projects end used thereon by authority of party of
he second na.rt. Pt the rate specified above.
It is Pgreed that monthly audit of emnloypbles shall be made under direction of first party
n.d that monev due sPid.first party by reason of the Pmount shown in said audit when verified
y secondparty shall be due And ppyable on the 10th of the month following the submission of
he verified stt tement to the said. second party. .
It is expressly Pgreed that this contract for end on behalf of the Board of Perk Commissioners)
f the Municipal City of South Bend shall be subject to Pnd dependent upon the ratification by
he proper resolution adopted by said Board Pnd by the Advisory.Board of Portage Township, St.
oseph County, Ind:.?.na. r
It is mutu^lly Pgr.eed Pnd. understood by Pnd between the parties hereto that the State Board
f Accounts of the State of Indiana will approve this procedure until such time as the present
ession of Indiana. Legislature enacts remidisl legislation touching the subject mptter covered
y this contract, but if said Legislature refuses or neglects to en -ct said Legisl= ture refuses
r neglects to enact said legislation and if said State Board. of Accounts refuses to approve
he expenditures under the terms of said contracts then said contracts Pre to be cancelled upon
aid refusal. Pnd. become null Fnd. void..
The duration of this contract is based upon P cmtinupnce by the Works Progress Administration
long the lines end upon the plan now in operption Pt the time of this contract. Perty of the
econd part reserves right to cancel or change contract, if and when, the present Works Progress
dministrPtion set -un is modified or chenged, and in no event is said contract to continue beyond
ecember 31, 1939.
This agreement is executed by and between the pprties hereto this 16th day of January, 10,39.
ARTY OF THE SECOND PART PARTY OF THE FIRST.PARTY
ortege Township, St. Joseph -Board of Park Commissioners of
ounty, Ind iana. 7unicipa:l City of South Bend, Ind.
y Alex S. Langel By W. A. Freeman_
Trustee
EAL) John B. Sniedecki
The Pbove rnd foregoing agreement is hereby r'tifted by the Board of Park Commissioners of
he Municipal City of South Bend under - uthority of skid body this 16th day of Janupry, 1939.
SEAL) W. A. Freeman
Pre sid ent
Earl S. Guetin
�3ecret,ry
The Pbove and foregoing contract is hereby ratified by the Advisory Boerd at a specipl meet -
ng called f or that purpose this _dpy of January, 1939.
Members of Advisory Board, Portage
Township, St. Joseph County, IndiPr
ouncilmpn made P motion that.the Resolution_ be Pdopted. The motion was seconded by Councilman
ich^rdson. Motion carried.
r
RESOLUTION:
RESOLUTION concerning the depth of George H. Wheelock,
WHEREAS, the Supreme Ruler of the Universe hi=s called to his reward, George H. Wheelock, a.
member of the Park Board of the City of South 'Rend, and.
WHEREAS, the deceased has spent ell his life in the Citv, where he wFs known end loved by
mhny and where he wnp prominent in matters pertrining to Civic `Xelfr.re, and
P"1HEREAS, the Common Council of the City of South Bend end the citizens of this City deeply
regret his passing; ?nd
THEREFORE, be it resolved, thpt the Common Council of the City of South Bend., on behalf of the
City end its citizens, extend to his bereaved .family the condolence of this Council;
and
BE IT FURTHER RESOLVED, thpt a copy of this Resolution, certified by the City Clerk, be sent
to the members of the family of the deceased ?nd ? copy be spread on the records of
the Common Council of the City of-South Bend.
Councilmen PulPski moved that the Resolution be - adopted. Councilmen Hull seconded the motion.
Motion c=arried.
Permission was Psked by representrtive of Workers Alliance to present e. resolution in meeting.
Councilmen Richardson motioned that the resolution be read. Councilmen Niezgodski seconded
the motion.* Lotion carried.
RESOLUTIONt
RESOLUTION FOR AN ADEQUATE W. P. A. APPRCPRIATION:
Whereefi The house of RepresentP +fives, on Js n. 14, 1Q59, voted a $725,000,000 emergency relief
appropriation in spite of h11 Pmendments mrde to increase the P?oproprirtion suffic-
iently to mpintPin the present work rolls of W.P.A., end
Whereas: This inadequate W.P.A. rprropri^tion, if pesfied by the SPn, -te and confirmed. by the
President, will zesult in the laying off of over 600,000 present W.P.A. workers, end
WherePs: This cut will result in Pt least 1000 South Bend W.P.A. workers losing their jobs,
forcing them Rnd their dependents or n t of P1 of Pt 1 er st 5000, back on direct relief,
which will result in Pn editiona.l $25,000 a month of the trx- payers money to be ex-
pended besides thrt Trendy being spent for those people now on direct relief, end
Whereas; This ley off will cause unjust suffering to thousands of South Bend's citizens by
denying them employemtn, and thereby destroying-their buying mower, P,nd
Whereas: This lay off will 21so result in an increased burden on local tax- payers and will
Ft• tTie same time w ithdrrw $60,000 P month from r egulPr local business chennels,
thereby mrking it more difficult for the business man maintain his business and his
F,bility to pry taxes, end
Wherers: The effects of this inrdequPte Ppproprietion on the unemployed, businessmen-; and
citi.zens generally of this community may be �vo ided by Congress making an adequate
W.P.A,propriPtion, end
Where^s: Many of these Congressmen, Plong with the President, are in frvo_r of an adequate
n-nproprietion and need only theFurport of their constituents, therefore be it
Resolved:That we, the City Council of South Bend, Indiana, do hereby go on record to urge
our Congressmento support P larger Pnd adequate W.P.A. appropriation, and urge them
to vote "NO" on the present inadequate W.P.A. appropriation proposed by the House
of Representatives, Pnd'now before the Sennte, end be it further
Resolved: That should the 'senate pess this inadequate appropriation before this resolution
reaches them thpt this Council urges President Roosevelt to veto this inadequate
W.P.A. appropriation, Pndbe it further
Resolved.: That copies of this resolution be sent to President Roosevelt, ell Congressmen from
the State of Ind.iar_a., and Herbert Benismin, National Secretary of the Workers
Alliance, 1211 Eye St., N.W. Washington, D.C.
Counci.lmrn Hull :ride P motion that the Resolution be referredto the Committee of the Whole.
The represent?tives of the Workers Alliance voiced a protest and requested immediate consid.era.t
of the Resolution.
President McCarthy called for ? second to the motion voiced by Councilmen Hull. The motion
wPs seconded by Councilman gorden. The motion wrs carried by following vote: Hull, McCarthy,
HeidemPn, Pulrski, Jordan - 5 Pyes. Niezgodski, Bishop, Brannon, Rich =rdson - 4 neys.
There being no further business Councilmen Hull moved to adjourn. Councilman Brannon seconded
the motion. motion carried. Council adjourned Pt 8 :05 P.M.
ATTEST AP?-ROVED:
CLERK PRESIDENT
on