Loading...
HomeMy WebLinkAbout03-11-40 Council Meeting MinutesBe it remembered that the 6ommon Council of the City of South Bend met in regular session in the Council Chambers in the Ciyy Hall, 11onday, March 11, 1940, at 7:53 P.M., with all members present. The reading of the minutes of the previous meeting'was waived. Councilman Pulaski made a motion that the action taken by the Common Council at the last regular meeting in approv- ing a contract between the Board of Public Works and Safety and the American Lafrance Foamite Company be rescinded. Councilman Brannon seconded the motion. Motion carried by roll call vote of 9 ayes - 0 nays. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: 31/11/40 Your Committee of the Whole to whom was referred an ordinance appropriating certain funds from the general funds of the City of South Bend, Indiana, for emergency purposes- Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred tc the Council favorably. Councilman Pulaski made a motion to accept the report. Councilman Richardson seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE INHOLE To the Common Council of the City of South Bend: 3/4/40 Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of South Bend, Indiana " - Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred to the City Plan Commission who shall report to the Council at the next regular meeting of the Council. Councilman Pulaski.made a motion to accept the report. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Councilman Brannon seconded the motion. Motion carried. 3/11/40 Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of South Bend; 'Indiana " - Respectfully report that they have examined the matter and that in their opinion this ordinance shall be rejected. Councilman Hull made a motion that the ordinance be rejected. Councilman Bishop seconded the motion. Motion carrie Dr. Carter of the Health Department advised the Council that the department was not in a position to make a report on the Petition prohibiting the general public from handling food products due to the fact that the petitioners have not definitely decided on what they want to do. City Attorney Beamer advised the members of the Council that the City is being sued by the Indiana and Michigan Electric Company for unpaid light bills for the year 1934. He suggested that this matter be referred to the. Committee on Claims to investigate. Councilman Niezgodski made a motion that the Claims Committee investigate the claim, Councilman Bishop seconded the motion. Motion carried by vote of 9 ayes - 0 ayes. ORDINANCE NO. 3313 AN,?ORDINANCE APPROPRIATING CERTAIN FUNDS FROM THE GENERAL FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR EMERGENCY PURPOSES. This ordinance was given third reading (in full at request of Councilman Pulaski). Councilman Richardson made a motion for the adoption of the ordinance. Councilman Brannon seconded the motion. Ordinance is passed °by roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 3314 (as amended) AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETNEEN THE BOARD OF PUBLIC WORKS AND SAFETY, CITY OF SOUTH BEND, INDIANA, AID THE AMERICAN- LAFRANCE- FOAMITE CORPORATION FOR THE PURCHASE OF A 1250 GALLON MOTORIZED PUMPER FOR THE SOUTH BEND FIRE DEPARTMENT. Councilman Pulaski made a motion that Section 1 of this ordinance be amended by adding the following words to the end of said Section - 'Subject, however, to the approval by the State Board of Tax Commissioners of a special appro- priation of $1870.25 for.fire department budgetary item No. Q (a)' and the ordinance be adopted as amended. Councilman Richardson seconded the motion. Ordinance passed as amended by roll call vote of 9 ayes - 0 nays. CITY OF SOUTH BEND, INDIANA Department of Law March 7, 1940 The Members of the Common Council of the City of South Bend, Indiana Gentlemen: At the meeting of the Committee of the Whole held on March 4th, I was instructed to prepare an ordinance amending Ordinance No. 2183, which is an ordinance pidiibiting the use of the streets and sidewalks for fruit stands, shoe shine stands, etc. In accordance with your instructions I have prepared an ordinance which has been submitted to the Clerk for introduction before your body. In connection with this proposition, however, I think I should call your attention to the case of Housewives' League, Inc. -Trs City of. Indianapolis, 204 Ind. 685. this prohibited the licensing of stands which were defined as any floor,space, ground space, street or sidewalk space marked off or designated for the use of a market and the sale of produce. It was alleged that A certain tract of lard in the City of Indianapolis that originally belonged to the State of Indiana, had been dedicated to the public for the express purpose of holding a public market, and he been so used for a period of more than sixty years. That the streets and sidewalks surrounding this land viere also used for marketing purposes on certain days of the week, and that sidewalk stands had been erected on the sidewalk by small producers who were granted a license to use the sidewalk under the ordinance above specified and been occupying the sidvaalk for that purpose for a period of more than fifty years. Although there was a licensing ord- inance permitting the licensing of stands on public sidewalks, the Board-of Public Safety of the city of Indi anapoli adopted a resolution and order to the effect that no stands would be leased or permitted on the sidewalks at the City Market in Indianapolis. This action was brought by the Housewives' League, Inc. to enjoin the Board of Public Safety from enforcing this resolution and order, and to enjoin it from refusing to grant permits for sidewalk stand. IThe Supreme Court of Indiana, in passing on the question at issue, said: "Nothing to the contrary appearing,, the si walks in question must be considered to belong to and be a part of the streets along which they are built. he word . 'street' is a generic one and includes sidewalks. A public street is a public highway and a sidewalk is a part of the street. Highways lying within the boundaries of cities and towns of the State are usually designated as streets and.the power to control and regulate streets has been delegated by the Legislature to the municipal corporations within which they are situated. The delegation of this power imposes upon such municipal corporation the duty to keep its streets and alleys open and unobstructed and in a safe condition for public travel. _T1w court recognizes as not inconsistent with the valid exercise of that power, the authorization by ordinance of a temporary use of a part of the street by owners of abutting property while engaged in building or making pavement. However, as pointed out by this court in State vs. Berdetta, municipal corporations have not had conferred upon them the power to author- ize permanent obstruction of a public street. The permanent obstruction of a public street is in itself an<.unlawful act, essentially interferring with the free use of property as well as the comfortable enjoyment of life. All the citizens are affected, for a highway, to adopt one of the definitions found in the books, is a road which every citi- zen has a right to use. The right to pass and repass upon a public highway is not restricted to any part for the public are entitled not only to a free passage along the highway but to a free passage along any portion of it not in the actual use of some other traveler. This doctrine is declared by this court in the case of City of Indianapol' vs. Gaston, 58 Ind. 224, where it is held that the entire width of a sidewalk must be maintained convenient and safe for the use of the travelers. No doctrine is more reasonable or more firmly settled than that the streets of a city are for the use of the public, and that no one can have a right to permanently divert a street or a part of a street to private purposes. This court held in the case of City of Richmond vs. Smith, 148 Ind. 294 that the Common Council could not authorize the use of a public street three days of each week for market purposes, though no market house or other structure,permanent or temporary was erected or attempted to be erected, and in the instant case the use of the sidewalks three days each week as shown by the complaint while not a contin%us obstruction was such a permanent and habitual obstruction as to constitute a nuisance. We conclude that no right to use the sidewalk for market purposes has been or can be acquired or created by any alleged action of the municipal corporation in recognizing or permitting their uses for market purposes. The fact that the sidewalks in question have been used for market pur- poses for more than:.fifty-,years, creates no right to such use. No one can acquire a right to the adverse use of a legally established highway or user no matter how long such use may continue for each day's user is a nuisance pun- ished by fine ". For the reasons outlined above the Supreme Court denied the request of the plaintiff to enjoin the Board of Public Safety of the city of Indianapolis from enforcing their order. I "simply call this case to your attention so you may know the attitude of the Supreme Court of Indiana on the question involved in this ordinance. Very truly yours, GEORGE N. BEAMER City Attorney ouncilman Hull made a motion that the communication be referred to the Streets and Alleys Committee and that the ommittee confer with the petitioners. Councilman bishop seconded the motion which was carried by a vote of 9 ayes - nays. CITY OF SOUTH BEND, INDIANA Department of Public Works o the Common Council of the City of South Bend March 119 1940 lemen: t the last regular meeting of the Common Council a proposed ordinance for the annexation of certain property to the ity of South Bend was referred to the City Plan Commission for an investigation and report. he Board of Public Works and Safety wishes to recommend that the School Board be given an opportunity to study this roposed annexation in relation to its effect on the School City and its ability to serve the proposed area. problems of sewerage, drainage, pavements, sidewalks, street cleaning, street maintenance, and garbage collecti ld be considered. , lso the problems encountered in providing fire and police protection should be given consideration. ue to the importance of these problems, the Board of Public Works and Safety recommends that action by the Common ouncil be delayed until a thorough study has been made. Very truly yours, CLYDE E. WILLIAMS Chairman of the Boardof Public Works CITY PLAN COWI.AISSION South Bend, Ind. o the Common Council, Uity of South Bend, Indiana March 9, 1940 lemen: e City Plan Department has examined the descriptions of the several parcels included in the area proposed to be vexed to the City. slight modification of the description of parcel No. 4 was found advisable to avoid including a small portion of yflower Road at Grant Road (Sample Street), also, a description has been prepared to &- scribe as one area the four reels combined. ttached herewith is a copy of the Annexation Ordinance as it would appear if these two suggestions should be incorp- rated for greater exactness. accompanying map shows the several parcels of the described area in colors, together with a portion of the City acent thereto. Yours truly, Dalton Moomaw_ Secretary ORDINANCE NO. 3315 AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF SOUTH BEND, INDIANA s ordinance was given first reading by titb and second reading in full. Councilman Hull made a motion for the pension of the rules. Councilman Bishop seconded the motion. Motion carried by roll call vote of 9 ayes - 0 nays inance given third reading by title and passed by roll call vote of 9 ayes - 0 nays. • • ORDINANCE AN ORDINANCE DEFINING "MILK" AND CERTAIN "MILK PRODUCTS ", "MILK PRODUCER ", "PASTEURIZATION ", ETC, PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS, REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PR0DUCTS, REGULATING THE INSPECTION OF DAIRY FAILMS AND MILK PLANTS, THE EXAMINATION, GRADING, LABELING, PLACARDING, PASTEURIZATION, REGRADING, DISTRIBUTION, AND SALE OF MILK AND MILK_ PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK GRADES, THE CONSTRUCTION OF FUTURE DAIRIES ANTS MILK PLANTS, PROVIDING FOR THE LICENSING OF DAIRIES- RETAIL AND WHOLESALE DISTRIBUTORS, THE ENFORCD -ENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. This ordinance was given first reading by title and it was agreed to defer the reading in full. Councilman Hull made a motion that the ordinance be referred to the Committee of the 7,1hole for public hearing on March 18th. Councilman Brannon seconded the motion. Motion carried. RESOLUTION WHEREAS, General Joseph Haller, Minister of Good Will, of the Republic of Poland, will be a guest of the citizens of South Bend on Sunday, March 24, 1940; therefore BE IT RESOLVED by the Common Council of the City of aouth Bend, State of Indiana, that the Mayor of South Bend, be and he is hereby authorized and directed to issue a Proclamation declaring and designating Sunday, March 24, 1940, as "Polish Day "; and BE IT FURTHER RESOLVED that the Mayor in the said Proclamation direct that all Public Buildings of the Ci of South Bend display on said day the American Flag, and also that he call upon all citizens of South Bend to do likewise; and that the Polish Colors be displayed on the City Hall jointly with the American Flag; and BE IT'STILL FURTHER RESOLVED that the City Clerk forthwith transmit a copy of this resolution to the Mayo Councilman Niezgodski made a motion that the resolution be adopted. Councilman Pulaski seconded the motion. Moti< carried by roll call vote of 9 ayes - 0 nays. There being.no further business the Council meeting adjourned at 8:30 P. M. ATTEST: / AYo_-� 2k�' � CLERK APPRO ED: RE DENT