Loading...
HomeMy WebLinkAbout12-23-40 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in regular session in the Council Chambers, City Hall, on Monday, December 23, 1940, at 8:25 P.M. with President McCarthy presiding. Councilmen Pulaski and Niezgodski were absent. The reading of the minutes of the previous meeting was waived. REPORT OF THE COMITTEE OF THE WHOLE Dec.239 1940 To the Common Council of the City of South Bend Your Committee of the Whole to whom was referred "An ordinance amending Ordinance #2331, adopted by the Common Counc9 of the City of South Bend, Indiana, June 25, 1923, and commonly known as the Zoning Ordinance'. (setback ordinance) Respectfully report that they have examined the matter and that in their opinion this ordinance shall be reported to the council favorably. LEO M. JORDAN, Chairman this tima it was agreed to act on all reports of the Committee of the Whole simultaneously. REPORT OF THE COADAI'TTEE OF THE WHOLE To the Common Council of the City of South Bend: 12/23/40 Your Committee of the Whole to whom was referred "An ordinance reducing the appropriation for repairs of equipment in the office of the City Treasurer, which is budgetary account No. D -6 ".' Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred unfavorably to the Council. LEO k. JORDAN, Chairman REPORT OF THE COIDAITTEE OF THE WHOLE 12/23/40 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 $182.13 from the General of the City of`South Bend, to the City Treasurer's account for office supplies, which is budgetary item No. D -7 ". Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred unfavorgbly to-the Council. LEO M. JORDAN, Chairman REPORT OF THE COMMITTEE OF THE WHOLE 12/23/40 To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An ordinance amending Ordinance No. 2331 "'.(Augustine's Addition) Respectfully report that they have examined the matter and that in their opinion this ordinance shall be reported to the Council favorably. LEO M. JORDAN, Chairman ORT OF THE COMMITTEE OF THE WHOLE 12/23/40 o the Common Council of the City of South Bend: our:: Committee of t]Te Whole to whom wa's referred "Ali ordinance amending Ordinance No. 3324, adopted by the Common ouncil of the City of South Bend, Indiana., June 24, 1940, and commonly known as the Milk Ordinance "' espectfully report that they have examined the matter and that in their opinion this ordinance shall be reported to a he Council favorably. LEO Pd. JORDAN, Chairman SPORT OF THE COMMITTEE OF THE WHOLE 12/23/40 o the Common Council of the City of South Bend: our Committee of the Whole to whoiA was referred "An ordinance amending Ordinance No. 2:331 "(John Adams 1st Addition) Respectfully report that they have examined.the matter and that in their opinion this ordinance shall be reported to the Council favorably. LEO M. JORDAN, Chairman ouncilman Bishop made a motion for the adoption of the reports of the Committee of the Whole. Councilman Hull econded the motion. "Motion carried. REPORT OF CITY TRAFFIC ENGINEER onorable Common Council outh Bend, Indiana lemen: December 23 -1940 e: Petition from residents of East Ewing Avenue and report to Board of Public Safety on elimination of all trans - ort truck traffic on East Ewing Avenue and other residential streets in the City. n my report to the Board of Public Safety dated November 9, 1940, the idea was advanced that a partial solution to he problem of through trucks using residential streets in the City of South Bend could be obtained by the enactment f an ordinance, and the erection of signs on all State and Federal Highways at the city limits, prohibiting through rucks from using streets other than State and U. S. Highways through the City of South Bend. t the request of your Council, I.submit herewith a list of the locations where said signs should be erected. South Michigan Street (U.S. 31) at city limits North Michigan Street (U.S. 31) at city limits Lincolnway West (U.S. 20) at city limits Lincolnway East (U.S. 33) at city limits McKinley Avenue (U.S. 20) at city limits Prairie Avenue (U.S. 23) at city limits South Bend Avenue (U.S. 23) at city limits Western Avenue (State Route 2) at city limits The signs should be at least 36" square with black letters on w hite background, and the main message should be - "Al.1 Through Trucks and Buses must remain on State and Federal Highways ".. Very truly yours, ERNEST H. MILLER City Traffic Engineer Councilman Hull made a motion to accept the report. Councilman Bishop seconded the motion. Motion carried. ORDINANCE NO. 3353 AN ORDINANCE AMENDING ORDINANCE NO. 23310 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JUNE 25, 1923 AND COMMONLY KNOWN AS THE ZONING ORDINANCE.(Setback) IThe ordinance was given third reading and was passed by a roll call vote of 7 ayes - 0 nays - 2 absent. (ORDINANCE AN ORDINANCE REDUCING THE APPROPRIATION FOR REPAIRS OF EQUIPMENT IN THE OFFICE OF THE CITY TREASURER, WHICH IS BUDGETARY ACCOUNT NO. D -6 The ordinance was given third reading and a roll calll vote taken. The ordinance was lost by a vote of 7 nays - 0 ayes - 2 absent. (ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF 0182.13 FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, TO THE CITY TREASURER'S ACCOUNT FOR OFFICE SUPPLIES, b'yHICH IS BUDGETARY ITEM NO. D -7. IThe ordinance was given third reading and was lost by a roll call vote of 7 nays - 0 ayes - 2 absent. ORDINANCE NO. 3354 AN ORDINANCE AMENDING ORDINANCE 'N0. 2331 (Lots 1,2,3,4,5 and 6- Augustine's Addition) The ordinance was given third reading and was passed by a roll call vote of 7 ayes - O nays - 2 absent. IORDINANCE NO. 3355 AN ORDINANCE AMENDING ORDINANCE NO. 3324 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JUNE 24, 1940 AND COMMONLY KNOWN AS THE MILK ORDINANCE IThe ordinance was given third reading and was passed by a roll call vote of 7 ayes - 0 nays - 2 absent. ORDINANCE NO. 3356 AN ORDINANCE MAENDING ORDINANCE NO. 2331 (Lots 1,2,3,4,5,6,7 and 8 in John Adams 1st Addition) The ordinance was given third reading and was passed by a roll call vote of 7 ayes - 0 nays - 2 absent. (ORDINANCE AN ORDINANCE CHANGING THE NAME OF CENTER STREET TO COLUMBUS COURT The ordinance was given first and second reading. Councilman Hull made a motion that the ordinance be referred to the Committee of the Whole for public hearing. Councilman Brannan seconded the motion. Motion carried. . RESOLUTION RESOLUTION ALLOCATING THE SUM OF TV,.fENTY -FIVE THOUSAND (325,000.00) FROM THE AMOUNT APPROPRIATED FOR WPA AND PIKA IN THE 1940 BUDGET UNDER ACCOUNT NO. H -27, DEPARTMENT OF PUBLIC WORKS TO SPECIAL 'A'PA ACCOUNT. BE IT RESOLVED by the Common Council of the City of South Bend, Indiana. That the sum of Twenty -Five Thousand Dollars ($25,000.00) be and the same is hereby allocated from account H -27, Department of Public Works in the 1940'Budget to Special WPA Account, and that this amount so allocated by the Common Council may be used during the year 1940, for the purchase of materials, labor and other items chargeable to the various city WPA projects subject to the Approval of the Board of Works. The amount so allocated shall be deducted from the amount of One Hundred Sevefzty -Seven Thousand One Hundred Ninety Dollars ($177,190.00), appropr ed in the 1940 Budget under account H -27, Department of Public Works. Resolution adopted by a roll call vote of 7 ayes - 0 nays - 2'absent. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, CONCERNING A CERTAIN CONTRACT ENTERED INTO BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE MUNICIPAL CITY OF S QTTH BEND, INDIANA AND ALEX LANGEL, TRUSTEE OF PORTAGE TOWNSHIP,. ST. JOSEPH COUNTY, INDIANA, AND A CERTAIN CONTRACT ENTERED INTO BETWEEN THE BOARD OF PARK COMMISSIONERS OF SAID CITY AND SAID TOWNSHIP TIU STEE, CONCERNING THE PAYMENT OF FUNDS BY PORTAGE TOWNSHIP TO THE MUNICIPAL CITY OF SOUTH BEND FOR WORKS PROGRESS ADMINISTRATION PROJECTS. WITNESSETH THAT, WHEREAS certain projects being carried out by the Works Progress Administration are now being sponsored by the City of South Bend, and certain other projects are under consideration and may be sponsored by said city, and WHEREAS, the City does not have funds out of which to purchase materials and equipment for the carrying out of said projects, and WHEREAS, Portage Township, St. Joseph County, Indiana, through its Trustee, Alex Langel, for the purpose of removing people from the relief rolls of said township, has agreed in a contract entered into between said Alex Langel, as Trustee, for Portage Township, St. Joseph County, Indiana," and the Board of Public Works and Safety of the municipal city of South Bend, to pay to the city of South Bend, during the year 1941, the sum of $6.75 per man per month for each man taken from the relief rolls of said Portage Township, and employed by the Works Progress Administration on projects sponsored by the municipal city of South Bend, and 238` WHEREAS, Portage Township, St. Joseph County, Indiana, through its Trustee; Alex Langel, for the purpose of removing prople from the relief rolls of said township, has agreed in a contract entered into between said Alex Langel, as Trustee, for Portage Township, St. Joseph County, Indiana, and the Board of Park Commissioners of the municipal city of South Bend, to pay to the city of South Bend, during the year 1941, the sum of $6.75 per man per month for each man taken from the relief rolls of said Postage Township, and employed by the Works Progress Administration on projects sponsored by the municipal city of South Bend, and WHEREAS, said city has agreed in said contracts to use said money.so derived from Portage Township for the purpose of furnishing materials and equipment for the carrying out.of said Works Progress Administration projects, NOW, THEREFORE, BE IT RESOLVED that said "contract entered into between Alex Langel, Trustee of Portage Township, St. Joseph County, Indiana, and the Board of Public Works and Safety of the Municipal City of South Bend, Indiana, and between said township trustee and the Board of Park Commissioners of said municipal city, which contracts are dated'December 23, 1940, and a copy of which contracts is attached hereto, be and the same are hereby in all things confirmed and ratified by the Common Council of the Municipal City of South Bend, Indiana, this-23 day of December, 1940. ATTEST: MARIE H. NELSON Clerk of the Common Council of the City of South Bend, Indiana J. M. McCARTHY President of the Common Council of -the City of South Bend, Indiana CONTRACT BY AND BETWEEN THE BOARD OF PARK COMMISSIONERS OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, 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 OR HEREAFTER TO BE FILED WITH THE WORKS PROGRESS .ADTAINISTRATION, FOR CERTAIN IMPROVEMENTS JOINTLY BENEFICIAL TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA; AND PORTAGE TOWNSHIP, OF ST. JOSEPH COUNTY, STATE OF INDIANA. THIS AGREEMENT, entered into this 23rd day of December, 1940, by and between the Board.of Park Commissioners of the municipal eity of South Bend, Indiana, for and on behalf of said municipal city, and hereinafter referred to as Par% of the first part, and Portage Township, St. Joseph County, Indiana, hereinafter referred to as.party of the second part, WITNESSETH, That: WHEREAS, the party of the first part is now the sponsor of projects now filed with the Works Progress Administration, and by them approved, and may become sponsor of other projects not yet approved, which projects contemplate the completion of an animal house in Pottawatomi Park; erection of band shell in Howard Park; erection of tool shed in r Leeper Park, erection of residence at Eskine Golf Course; completion of florist's house in Pottawatomi -Park; land - scaping at Howard Park and Leeper and Shetterley Parks; erection of bleachers and flood lights at Harrison Field and Pottawatomi Park; concreting the tennis courts at Howard Park laying sidewalks and water lines at Pottawatomi Park and erection of a dirt shed at Erskine Golf Course, in all methods and manner approved or to be approved by the Boardof Park Commissioners- of the municipal city of South Bend and the Federal Government, and WHEREAS, the projects are or mill be of such a large character that they can be made to furnish employment for a large number of citirzens of South Bend and Portage-Township, providing funds are available to pay the sponsor's share of certain projects in the form of materials, tools and equipment necessary to induce the Works Progress Administration of the Federal Government to,provide for the payment of the payrolls, and WHEREAS, the party of the first part is unable to pay the amount necessary to provide for the employment'of suffici- ent men to properly carry out saidprojects, and WHEREAS, it is found,- expedient and desirable to contract with the party of the second part for the.purpose of obtain- ing men to work upon said projects,. for which prupose the second party shall pay the sponsor a consideration herein- after set forth for each man so employed upon said projects, and for the purpose that said party of the second part may find employment for a large number of people now on relief in Portage Township, and WHEREAS, the second party now has on direct relief in Portage Township, Indiana, approximately 200 employable men whc can be transferred and put to work upon the above mentioned projects, and thereby be taken from the direct relief rolls of said township, and WHEREAS, all of the projects being sponsored by the city of South'Bend, Indiana, and all of the work done by the mentaken from the relief rolls of Portage Township, on said projects will be performed within the boundaries of Portage Township, St. Joseph County, Indiana, and WHEREAS, it is the desire of both parties to this contract that the respective obligations of each party shall be strictly set forth, IT IS, THEREFORE, MUTUALLY AGREED: 1. That the party of the second part shall become a contributor to the sponsor's share of the projects being per- formed by the Works Progress Administration and being performed by the 'd'dorks Progress Administration and being sponsored by the Board of Park Commissioners of the municipal city of South Bend, and in consideration of said party of the second part becoming a contributor to said sponsor's share of the projects, the party of the first part egrees that said first party shall . Furnish the equipment now owned by the Board of Park Commissioners of the city of South Bend and necessary to he carrying on of the details of said projects. B. Furnish the engineering, supervision and other.necessary information to lay out the particular work for the 'employees. C. To furnish on the projects above described materials to the amount of the balance appropriated in the 1941 budge of the Board of Park Commissioners of the municipal city of South Bend for Works Progress'Administration projects, including the amount to be furnished by the second party under the terms of this contract. Party of the second part agrees that in consideration of the employment of such men as he may certify to said project , from relief rolls of said township, that he will furnish money for the purchase of materials, tools, equipment and anything else necessary to provide the sponsor's share of said projects, in an amount equivalent to $6.75 per month per man so certified by him, and employed on said projects as herein set forth., It is mutually agreed that the amount of money for materials, equipment, tools and other supplies to be furnished by the party of the second part_ shall be-limited to and in direct line with the number of employees furnished to said projects and used thereon by authority of the party of the second part, at the rate specified above. It is agreed that a monthly audit of employees of the Works Progress Administration, who have been taken from the relief rolls of Portage Township, shall be made under the direction of the first party and that money due to said first.party by reason of the amount shown in said audit and verified by the second party, shall be due and payable on the tenth of the month following a submission of ..a verified statement to the second party. Tt is agreed that this contract for and on behalf of said Board of Park Commissioners, acting for and on behalf of the municipal city of South Bend shall be subject to and dependent upon-the ratification of the Common Council of t municipal city of South Bend, and by the Advisory Board of Portage Township, St. Joseph County, Indiana. The duration of this contract is based upon a continuance by the Works Progress Administration along the lines and upon the plans now in operation at 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 set -up is modified or changed, and in no event shall this contract continue beyond December 31st, 1941. This contract shall be in full force and effect subject to the exceptions herein provided, from and after January 1st; 1941. Either party shall have the right to cancel or amend this contract upon ten days' written notice to the other in the event the General Assembly of the State of Indiana, during its session in 1941, shall enact any statute which shall in any manner affect or regulate the rights or obligations of either of the parties hereto in respect to any of the matters herein contracted or provided for, and in the event of the enactment of any such legislation in any manner in respect thereto, the right herein reserved to cancel or amend this contract shall be exercised only insofar as necessary to comply with or conform to such legislation. This agreement executed by and between the parties this 23rd day of December, 1940. PARTY OF THE SECOND PART PORTAGE TOWNSHIP, St. Joseph County, Indiana By ALEX` S. LA NGEL Trustee. Attest:­' EARL S. DUSTIN Secretary, Park Board The above and foregoing contract Indiana, this 31 day of December, PARTY OF THE FIRST PANT BOARD OF PARK COMMISSIONERS By W. A. FREEMAN, Pres. DAVID FISCHGRJND J. L. WILSON LARRY J. BOJM'iICZ is hereby ratified by the Advisory Board of Portage Township, St. Joseph County, 1940. . Vff LL IAT-A J. HODOSY HUBERT FUER4RINGER Members of Advisory Board, Portage Township, St. Joseph County, Ind Tana The above and foregoing contract is hereby ratified by the Common Council of the Municipal City of South Bend this 23rd day of December, 1940. J. M. MC CARTHY President of Common Council, Municipal City of South Bend, Indiana CONTRACT BY AND BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY FOR AND ON BEHALF OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, 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 NOIN FILED OR HEREAFTER TO BE FILED WITH THE WORKS PROGRESS ADMINISTRATION, FOR CERTAIN IMPROVM4E•NTS JOINTLY BENEFICIAL TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND PORTAGE TOWNSHIP, OF ST. JOSEPH COUNTY, STATE OF INDIANA. THIS AGREEMENT entered into this 23rd day of December, 1940 , by and between the Board of Public Works and Safety of the Municipal city, of South Bend, Indiana, for and on behalf of said municipal City, and hereinafter referred to as Party of the first part, and PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; hereinafter referred to as Party of the second part, WI :TNES SETH, That: (WHEREAS, the party of the first part is now the sponsor of projects now filed with the Works Progress Administratior and by them approved, and may become sponsor of other projects not yet approved, which projects contemplate the re- surfacing, regraveling and relaying of certain streets, alleys and sidewalks, the construction and reconstruction of certain sewers and drainage projects; filing and classifying of records and other projects, in all methods and imanner approved or to be approved by the municipal city of South Bend and the Federal Government, and WHEREAS" the projects are or will be of such .a large character that they can be made to furnish employment for a large number of citizens of South Bend and Portage Township, providing funds are available to pay the sponsor's share of certain projects in the form of materials, tools and equipment necessary to induce the Works Progress Administration of the Federal Government to provide for the payment of the payrolls, and i'JHEREAS, the party of the first part is unable to pay the amount necessary to provide for the employment of suffici men to properly carry out said projects, and WHEREAS, it is found expedient and desirable to contract with the party of the second part for the purpose of obtain• ing men to work upon said projects, for which purpose the second party shall pay the sponsor a consideration herein- after set forth for each man so employed upon said projects, and for the further purpose that said party of the second part may find employment for a large number of people now on relief in Portage Township, and YfHEREAS, the second party now has on direct relief in Portage Township, Indiana, approximately 1000 employable men who can be transferred and put to work upon the above mentioned projects, and thereby be taken from the direct relies (rolls of said Township, and WHEREAS, all of the projects being sponsored by-the City of South Bend, Indiana, and all of the work done by the men taken from the relief rolls-of Portage Township, on said projects will be performed within the boundaries of Portage Township, St. Joseph County, Indiana, and 240 WHEREAS, it is the desire of both parties to this contract that the respective obligations of each party shall be_. strictly set forth, IT IS, THEREFORE, MUTUALLY AGREED: 1. That the party of the second part shall become a contributor to the sponsor's share of the projects, being per- formed by the forks Progress Administration, and being sponsored by the municipal city of South Bend, and in consider ation of said party of the second part becoming a contributor to said sponsor's share of the projects, the party of the first part agrees that said first party shall: (a) Furnish the equipment now owned by the city of South Bend and necessary to the carrying on of the details of said projects. (b) Furnish the engineering, supervision and other necessary information to lay out the particular work for the employees. (c) Furnish on the projects above described materials to the amount of the balance appropriated in the 1941 budget of the municipal city of South Bend for Works Progress Administration projects, including the amount to be furnish by the second party under the terms of this contract. Party of the second part agrees that in consideration of the employment of such men as he may certify to said projec s, from relief rolls of said Township, that he will furnish money for the purchase of materials, tools, equipment and anything else necessary to provide the sponsor *s share of said projects, in an amount equivalent to $6.75 per month per man so certified by him, and employed on said projects as herein set forth. It is mutually agreed that the amount of money for materials, equipment, tools and other supplies to be furnished' the party, of the second part shall be limited to and in direct line with the number of employees furnished to said projects and used thereon by authority of the party of the second part, at the rate specified above. It is agreed that a monthly audit of employees of the Works Progress Administration, who have been taken from the relief rolls of Portage Township, shall be made under the direction of the first party and that money due to said first party by reason of the amount shown in said audit and verified by the second party, shall be due and payable on the tenth of the month following a submission of a verified statement to the second party. It is 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 subject to and dependent upon the ratification of the Common Council of the municipal city of South Bend, and by the Advisory Board of Portage Township, St. Joseph County, Indiana. The duration of this contract is based upon a continuance by the Works Progress Administration. along the lines and upon the plans now in operation at 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 set-up is modified or changed, and in no event shall this contract continue beyond December 31st, 1941. This contract shall be in full force and effect subject to the exceptions herein provided, from and after January 1st, 1941. It is agreed further that in the event legislation is enacted by the State of Indiana during the year 1941 which makes provision for the handling of matters herein mentioned in any other manner than herein provided, or which would in any way .inVa.lidate the., provisions of this contract, then in that event this c oWbraet shall be deemed cancelled by mutual agreement as of the effective date of such legislation. This agreement executed by and between the parties this 23rd day of December, 1940. PARTY OF THE SECOND PART PARTY OF THE FIRST PART PORTAGE TOWNSHIP, ST. JOSEPH BOARD OF PUBLIC WORKS AND COUNTY, INDIANA SAFETY By ALEX S. LANGEL By CLYDE E. WILLIAMS Trustee HARRY S. 'DROGS GEORGE N. BEAMER APPROVED BY ADVISORY BOARD OF PORTAGE TOWNSHIP 12- 31 -40, WILLIAM J. HODOSY HUBERT FUERBRINGER. Councilman Jordan made a motion for the adoption of the Resolution. Councilman Bishop seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent; (There being no further business, Council adjourned at 8 :55 PM. IATTEST: APP R D: CYOIDENT ?1 1, r� a 1'NY v w