HomeMy WebLinkAbout08-12-40 Council meeting MinutesBe it remembered that the Common Council of the City of South Bend met in regular session in the Council Chambers of
the City Hall, Monday, August 12, 1940, at 7:46 P.M. with all members present. President McCarthy presided. The
reading of the minutes of the previous meeting was waived.
PETITION
PETITION FOR THE RECLASSIFICATION OF REAL ESTATE AND AN AMENDMENT TO THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, WHICH SAID ORDINANCE IS MORE PARTICULARLY
KNOWN AS ORDINANCE NO. 2331.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, Drewrys Limited U.S.A. Inc., an Indiana corporation, being the owner of the following described
estate in the City of South Bend, County of St. Joseph, and State of Indiana, to wit:
Beginning at a point that is 880 feet East of the West boundary line of Section No*
2, Township 37 North, Range No. 2 East and 130 feet South of the South line of Elwood
Avenue; thence East on a line parallel with the South line of said Elwood Avenue a
distance of 95 feet; thence South on a line parallel with the West boundary line of
said Section No. 2 a distance of 270 feet; thence West on a line parallel with the
South line of Elwood Avenue a distance of 95 feet;thence North to the place of beginning,)
hereby respectfully petitions that said property be rezoned.as.a Class D Light Industrial District and as Class F
Height and Area District so that said real estate shall be adaptable for the uses permitted by and under said use
and height and area classifications and subject to the restrictions pertaining thereto.
The undersigned desires and intends to utilize said property for purposes consistent with the classifications herein
petitioned for.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal by its duly authorized officers this 30th day
of July, 1940.
DREWRYS LIMITED U.S.A. INC.
ATTEST: By C. A. BUDD
J. E. JEANI+7ERET Vice President
Secretary
Statement and seal of Notary.
Councilman Hull made a motion that the petition be referred to the Zoning Board. Councilman Heideman seconded the
motion. Motion carried.
PETITION
GREETINGS:-
We, the undersigned petitioners, own or occupy dwellings on the following streets: Rogers, Longley, Westmore, and
Goodland. The employees of the Bendix Products Corporation habitually park their automobiles during working hours
between Goodland and Bendix Drive on Rogers, Longley and Westmore Streets and Between Westmore and Rogers Streets
on Goodland Avenue. On many occasions.the driveways are completely blocked, and the property owners and occupants
are unable to utilize the parking space in frong of their homes for their own convenience, and we feel that parking
automobiles solidly during working hours on each of these narrow streets constitutes a very definite fire hazard.
We respectfully petition the Common Council to enact a suitable ordinance prohibiting parking for more than two (2)
hours on each of the above named streets from the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.
excepting Sundays.
23 SIGNERS
.
Councilman Richardson made a motion that the petition be referred to the traffic engineer for investigation and a
report be given to the Council by the Engineer at the next meeting. Councilman Brannon seconded the motion. Motion
carri ed.
REPORT OF THE COMMITTEE OF STREETS, ALLEYS & BRIDGES 8/12/40
To the Common Council of the City of South Bend:
Your Committee on Streets, Alleys & Bridges to whom was referred a petition to change the name of Center Street to
Columbus Street or Columbus Court -
Respectfully report that they have examined the matter and that in their opinion the name of this street shall be
changed to Columbus. Court.
Councilman Pulaski made a motion that the report be adopted. Councilman Bishop seconded the motion. Motion carried.
REPORT OF THE COMMITTEE OF`THE WHOLE 8/12/40
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred an ordinance prohibiting the ordinance prohibiting the keeping of
bees within the City of South Bend -
Respectfully report that they have examined the matter and that in their opinion this ordinance shall be rejected*
LEO M. JORDAN, Chairman
Councilman Hull made a motion for the adoption of the report. Councilman Niexgodski seconded the motion. Motion
carried.
REPORT OF THE COMMITTEE OF THE WHOLE 8/12/40
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred an ordinance transferring certain funds from the General Fund of tl
Civil City of South Bend, Indiana, to the Fire Department Repair of Equipment Fund for emergency purposes -
Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the
Council favorably.
LEO M. JORDAN, Chairman
Councilman Niezgodski made a motion for the adoption of the report. Councilman Bishop seconded the motion. Motion
I 111 REPORT OF THE COMMITTEE OF THE VEOLE 8/12/40 II
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred a proposed goat
milk ordinance for the City of
South
Bend, Indiana
Respectfully report that they have examined the matter and that
in their opinion this ordinance
shall
be adopted.
LEO M. JORDAN, Chairman
Councilman Pulaski made a motion for the adoption of the report. Councilman Bishop seconded the motion. Motion
carried.
ORDER OF APPOINTMENT OF APPRAISERS
In pursuance of the request of the Common Council of the City of South Bend of the State of Indiana, adopted on the
2nd day of July, 1940, I hereby appoint ALBERT McGANN, FRED HELMEN and ROBERT H. ANDERSON to appraise:
Barrett Law bonds and coupons for the year 1931 owned by the
City of South Bend, and issued pursuant to Resolution No.
1863; providing for McKinley Avenue pavement from Sunnyside
to Greenlawn, Roll No. 2144; and
Barrett Law bonds and coupons for the year 1931 owned by the
City of South Bend, and issued pursuant to Resolution No.
1923, providing for McKinley Avenue pavement from Greenlawn
to Twenty- Second Street, Roll No. 2235; and
All of the right, title 'and interest of said City in and to
any assessments levied on account of said bonds owned by said
City;
and make return thereof to the Mayor or Common Council.
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
DAN . PYLE
Judge, St. Joseph Circuit Court
Vie, ALBERT McGANN, FRED HELMEN and ROBERT H. ANDERSON, do solemnly swear that we will make a just and true valuation'
of:
So help us God.
(Notary sta tement and seal)
(Above described Barrett Law bonds
and coupons).
ALBERT McGANN
FRED HELMEN
ROBERT H. ANDERSON
We, the undersigned appraisers appointed by the Judge of the St. Joseph Circuit Court to appraise:
(Above described Barrett Law bonds
and coupons)
do hereby appraise and fix the value thereof at ONE THOUSAND (41,000) DOLLARS.
ALBERT McGANN
FRED HELMEN
ROBERT H. ANDERSON
.
Councilman Hull made a motion that the reports be accepted. Councilman'Jordan seconded the motion. Motion carried.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND
For the month of June, 1940.
Balance on Hand First of Month - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1,044,623.26
Total Balance and Receipts - - - - - - - - - - - - - - - - - - - - - - - - - $1,165,666.06
Balance 6 /30/40 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 955,874.95
.Councilman Brannon made & motion that the report be accepted. Councilman Richardson seconded the motion. Motion
carried.
ORDINANCE NO. 3328
AN ORDINANCE TRANSFERRING CERTAIN FUNDS FROM THE GENERAL FUND
OF THE CIVIL CITY OF SOUTH BEND, INDIANA, TO THE FIRE DEPARTMENT
REPAIR OF EQUIPMENT FUND FOR EMERGENCY PURPOSES.
This ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
ORDINANCE NO. 3329
PROPOSED GOAT MILK ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA
This ordinance was given third reading and passed by roll call vote of 9 ayes - 0 nays.
ORDINANCE
AN ORDINANCE APPROPRIATING X440.00 TO THE SPECIAL BARRETT LAW
BOND ACCOUNT OF THE CITY OF SOUTH BEND, INDIANA, AND TRANSFERRING
This ordinance was given first and second reading. Councilman Hull made a motion that the ordinance be published
and referred to the Committee of the Whole for public hearing on august 26. Councilman Brannon seconded the motion.
motion carried.
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 2331, C010-fiONLY KNOWN AS THE ZONING ORDINANCE
This ordinance was given first and seconded reading. Councilman Bishop made a motion that the ordinance be` referred
to the Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion
carried.
ORDDINANCE
THIS ORDINANCE IS AMENDATORY OF ORDINANCE NO. 2331, ADOPTED BY THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA ON JUNE 259 1923, COMMONLY KNOWN AS THE ZONING
ORDINANCE.
This ordinance was given first and second and reading. Councilman Pulaski made a motion that the ordinance be
red to the Zoning Board together with the petition. Councilman Brannon seconded the motion. Motion carried.
ORDINANCE No. 3330
AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETWEEN THE BOARD OF PUBLIC
WORKS AND SAFETY OF THE CITY OF SOUTH BEND, AND THE MORETRENCH CORPORATION OF ROCKAWAY,
NEW JERSEY.
This ordinance was given first and second reading. Councilman Jordan made a motion for the suspension of the rules.
Councilman Bishop seconded the motion. Motion carried by roll call vote of 9 ayes - o nays. The ordinance was
given third reading and passed by roll call vote of 9 ayes -0 nays.
ORDINANCE NO. 333l (as amended)
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF.$1,650,000.00 FUNDING BONDS OF
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA., AND PROVIDING DETAILS IN
The ordinance was given first readin by title and second readin in fu�l.
Councilman Niezgodski made a motion What the words "the City Controller be used in the third line of Seotion 7
instead of the words "said official ". Councilman Richardson seconded the motion. Motion carried.
Councilman Jordan made a motion for the suspension of rules. Councilman Richardson seconded the motion. Motion
carried by a roll call vote of,9 ayes - 0 nays. The ordinance was given third reading and passed by roll call vote
of 9 ayes - 0 naysp as amended.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10650,000.00 TO BE RAISED BY A FUNDING BOND
ISSUE OF LIKE AMOUNT FOR THE PURPOSE OF PAYING A JUDGMENT AGAINST THE CITY OF SOUTH
BEND, INDIANA IN THE CASE OF READ ET AL VS. BECZKIEWICZ ET AL, WHICH IS CAUSE NO.
54558 IN ST. JOSEPH COUNTY SUPERIOR COURT <NUMBER 2.
The ordinance was given first and second reading. Councilman Jordan made a motion that the ordinance be referred to
the Committee of the Whole and public hearing be held on August 26th. Councilman Heideman seconded the motion.
Motion carried.
ORDINANCE
AN ORDINANCE AUTHORIZING THE SALE OF BARRETT LAW BONDS AND COUPONS, AND THE INTEREST
OF THE CITY WITH RESPECT THERETO, ISSUED BY SAID CITY IN CONNECTION WITH IMPROVEMENT
?RESOLUTIONS- NOS. 1863 and 1923.
The ordinance was given first and second.reading. Councilmen Hull made a motion that the ordinance be referred to
the Committee of the Whole for public hearing on August 26th. L ouncilman Niezgodski seconded the motion. Motion
carried.
(ORDINANCE
AN ORDINANCE FIXING THE SALARIES ANDPROVIDING FOR PAID VACATIONS OF CERTAIN CITY OFFICIALS
AND EMPLOYEES OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
The ordinance was given first and second reading. Councilman Hull made a motion that the ordinance be referred to
the Committee of the Whole and public hearing be held on August 26th. Councilman Niezgodski seconded the motion.
Motion carried.
(ORDINANCE
AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
POLICEMEN'S PENSION FUND OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1041, AND ENDING DECEMBER 31, 1941, including
ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
The ordinance was given first and second reading. Councilman Niezgodski made a motion to refer the ordinance to
the Committee of the Whole for public hearing on August 26th. Councilman Richardson seconded the motion. Motion
carried.
(ORDINANCE
AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
FIREMEN'S PENSION FUND OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1941 AND ENDING DEC34BER 31, 1941, INCLUDING
ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
This ordinance was given first and second reading. Councilman Bishop made a motion to refer the ordinance to the
Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion car
(ORDINANCE
AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSE OF THE PARK
DEPARTMENT OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 1941, AND ENDING DECEMBER 31, 1941, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
This ordinance was given first and second reading and on motion of Councilman Hull was referred to the Committee of
the Whole for public hearing August 26th. Councilman Bishop seconded the motion. Motion carried.
210
ORDINANCE
AN ORDINANCE APPROPRIATING MONEY FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT
OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1941 AND ENDING DECEMBER 319 1941, INCLUDING ALL OUT-
STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME
Cu AT T m AVP v7Pr.nm _
This ordinance was given first and second reading. Councilman Brannon made a motion to refer the ordinance to the
Committee of the Whole for public hearing August 26th. Councilman Richardson seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE FIXING THE TAX LEVY FOR THE YEAR 1941 FOR THE MUNICIPAL
CIVIL CITY OF SOUTH BEND, INDIANA.
This ordinance was given first and second reading. Councilman Bishop made a motion to refer the ordinance to the
Committee of the Whole for public hearing on August 26th. Councilman Niezgodski seconded the motion. Motion car
RESOLUTION
BE IT RESOLVED By the Common Council of the City of South Bend, that the Judge of the St. Joseph Circuit Court is
.hereby requested to appoint three disinterested freeholders of this City for the appraisement of the following
described real property owned by this City situated in the County of St. Joseph, State of Indiana, to -wit:
LOT NO. 3220 AS SHOWN ON THE RECORDED PLAT OF WOODLAWN ADDITION.
Councilman Niezgodski made a motion for the adoption of the resolution. Councilman Pulaski seconded the motion,
Motion carried:
There being no further business, Council adjourned at 9:20 P.M.
ATTEST: APPROVED:
CLERK �, VV " SIPENT
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