HomeMy WebLinkAbout11-10-41 Council Meeting Minutes291
Be it remembered that the Common Council of the City of South Bend met in regular session Monday, November 10, at
8 :32.P.M. in the Council Chambers, City Hall, with all members present. President Richardson presided. The reading
of the minutes of the previous meeting was waived.
COMMUNICATION:
Members of the Common Council
South Bend, Indiana
Gentlemen:
CITY OF SOUTH BEND, INDIANA
Water Works Department
November 4, 1941
We wish to call your attention to certain facts concerning the water supply of South Bend.
Due to the-volume of National Defense Industries in this Community; and the increase in population because of these
industries, the demand upon our water supply will be considerably increased during the next few years, and it is
therefore deemed advisable to construct new wells to meet this demand.
Mr. Shea, our Engineer, called this matter to the attention of the Water Works Board, and after investigation they
have decided that this condition should be given immediate attention. They have, therefore approved the specificatic
for one 38" well to be constructed at Central Station, and one 18" well to be constructed at South Station, and have
authorized advertising for bids on constructing such wells.
The Indiana State Board of Health has checked each well site, and they have sent us written approval of both sites.
The estimated cost of each well is between Eight Thousand Dollars, ($8,000.00) and Ten Thousand Dollars, ($10,000.00)
minus equipment. A reserve has been set up for depreciation and replacements, over the past several years, out of
which the construction of these wells can be paid.
If contracts are let for the construction of such wells, they will need the approval of your body, and for this
reason we are calling the matter to your attention now, in order that you may have the information far enough in
advance to give it due consideration before the contracts are presented to you for ratification.
Respectfully yours,
CITY WATER WORKS
Giles L. Cain
Superintendent
Councilman Heideman made a motion to approve the document. Councilman Niezgodski seconded the motion. Motion carrie
11REPORT OF THE COMMITTEE OF THE WHOLE Nov. 10, 1941
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred "An ordinance reducing the current obligations and materials budge -
ary items provided for in the 1941 Budget of the Department of Public Parks for the Civil City of South Bend, Ind.*
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 Pulaski made a motion to accept the report. Councilman Brannan seconded the motion. Motion carried.
REPORT OF THE COAQUTTEE OF THE WHOLE Nov. 10, 1941
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
the Department of Public Parks of the Civil City of South Bend, Ind. "'
Respectfully report that they have examined the matter and that in their opinion this ordinance shall go to the
Council favorably.,
LEO Pj. JORDAN, Chairman
Councilman Bishop made a motion.to accept the report. Councilman Niezgodski seconded the motion. Motion carried.
REPORT _ OF THE ' COMMITTEE OF THE WHOLE Nov. 10, 1941
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred "An ordinance reducing certain appropriations of the Street Depart-
ment and the-Police Department for the year 1941, and transferring the amount so reduced to the General Fund"
Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred
to the Council favorably.
Councilman Bishop made a motion to accept the report.
REPORT OF THE CQftHTTEE OF THE WHOLE
To the Common Council of the City of South Bend:
LEO M. JORDAN, Chairman
Councilman Pulaski seconded the motion. Motion carried.
Nov. 10, 1941
Your Committee of the Whole to whom was referred "An ordinance transferring certain Rinds f rom the General Fund of
the Civil City of South Bend 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 Pulaski made a motion to accept the report. Councilman Brannan seconded the motion. Lotion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bend:
Nov. 10, 1941
Your Committee of the Whole to whom was referred "An ordinance transferring certain funds from the General Fund of
292
the City of South Bend for Emergency purposes ".(Housing Authority)
Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred t(
the Council favorably.
LEO M. JORDAN, Chairman
Councilman Pulaski made a motion to accept the report. Councilman Brannan seconded the motion. Motion carried.
CITY PLAN COAMISSION
To the Common Council
City of South Bend, Ind.
Gentlemen:
November 8, 1941
Petition for change of zoning of parcel of ]and on Lincoln Way East by D. L. Warren for the Northern Indiana Transit)
Co. was considered by the City Plan Commission at a special meeting November 7th.
It was observed by the City Plan Commission that the description in this petition does not join with the parcel
changed to light industrial by Ordinance #3371; there being a 66 foot lot, which is shown on the accompanying print
as owned by Wm. Bixler. Leaving this lot in commercial district would be of the nature of "`spot zoning" by elimina
tion.
It also obtains that the intended development of this property cannot be easily accommodated by the E height and
area district, which it now is and would remain as the petition does not call for change in height and area district
The City .Plan Commission recommends that the change be made from C commercial and E height and area districts to D
light industrial and F height and area districts. The City Plan Commission further recommends that thedescription o
the parcel changed be modified to read as follows: Beginning at a point on the south line of Lincoln Way East 404.2
feet west of the intersection of the south line of Lincoln Way East and the west line of Section 18, Township 37 Nor
Range 2 East, thence westerly -along the south line of Lincoln Way East 862.25 feet, thence south to the north line o
the right of way of the New York Central Railway, thence east along the north line of the right of way of said rail-
way 856 feet, more or less, to a point directly south of the point of beginning, thence north to the place of begin-
ning.
The City Plan Commission also recommends that inasmuch as this parcel and the parcel changed by Ordinance #-3371 will
be subject to similar development, the parcel in Ord. 3371 should also be made F height and area district if such
change can be included in this ordinance.
Yours truly,
D. MOCIIL W, Secretary
Councilman Niezgodski made a motion to accept the report. Councilman Bishop seconded the motion. Motion carried.
STATE OF INDIANA ) IN THE ST. JOSEPH CIRCUIT COURT
ST. JOSEPH COUNTY) SS_ ' SEPTEMBER TERM, 1941
.r
IN THE MATTER OF THE APPOINTMENT OF APPRAISERS
In pursuance of the request of the Common Council of the City of South Bend of the State of Indiana on the 27th day
October, 1941, I hereby appoint Herbert S. Wolff, Welby Miller, and Robert G. Happ to appraise all of the right,
title, and interest of said City of South Bend in and to certain improvement bonds andcoupons and assessments in
Improvement doll No. 1952, the Fairview-Main Street Trunk Sewer, which said bonds and coupons were issued and said
assessments were levied pursuant to the provisions of Resolution No. 1544 of the Board of Public Works of the City
of South Bend on the 6th day of October, 1926, and make return thereof to the Mayor of said City of South Bend,
Indiana.
Dated this 3rd day of November, 1941. DAN PYLE
Judge of the St. Joseph Circuit Court
STATE OF INDIANA )
ST. JOSEPH COUNTY)
SS:
OATH OF APPRAISERS AND APPRAISALS
We, Herbert S. Wolff, Welby Miller and Robert Happ, do solemnly swear that we will make a just and true valuation
of all of the right, title, and interest of the City of South Bend, Indiana, in and to certain-improvement bonds
and coupons and assessments in Improvement Roll No. 1952, the Fairview -Main Street Trunk Sewer, which said bonds
and coupons were issued and said assessments were levied pursuant to the provisions of Resolution No. 1544 of the
Board of Public Works of the City of South Bend on the 6th day of October, 1926, and make return thereof to the
Mayor of said City.of South Bend, Indiana. So help us, God.
HERBERT S. WOLFF
WELBY MILLER
ROBERT G. HAPP
Subscribed and sworn to before me, a Notary Public in and for said county and state, this 6th day of November, 1941.',
My commission expires: Arlene F. Walz
Feb. 11, 1945 Notary Public
We, the undersigned appraisers, appointed by the Judge of the St. Joseph Circuit Court to appraise the right, title, .
and interest of the City of South Bend, Indiana, in and to certain improvement bonds and coupons and assessments in
Improvement Roll No. 1952, the Fairview -Main Street Trunk Sewer, which said bonds and coupons were issued and said
assessments were levied pursuant to the provisions of Resolution No. 1544 of the Board of Public Works of the City
of South Bend on the 6th day of October, 1926, do hereby appraise and fix the true value thereof at $1,040.00.
HERBERT S. WOLFF
WELBY MILLER
ROBERT G. HAPP
Councilman Bishop made a motion that the reports be accepted and placed on the record. Councilman Niezgodski second.
ed the motion. Motion carried.
ORDINANCE NO. 3403
AY ORDII.010E REDUCING THE CURRENT OBLIGATIONS (INTEREST ITEM) AND MATERIALS
(REPAIR PARTS, TOOLS AND MACHINERY) BUDGETARY ITFNIS PROVIDED FOR IN THE 1941
BUDGET OF THE DEPARTMENT OF PUBLIC PARKS FOR THE CIVIL CITY OF SOUTH BEND, INDIANA.
The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. •
ORDINANCE NO. 3404
AN ORDINANCE TRANSFERRING CERTAIN FUNKS FROM THE GENERAL FUND OF THE DEPARTMENT OF
PUBLIC PARKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA.($300.00 Zoo Feed)
(The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
ORDINANCE NO. 3405
AN ORDINANCE REDUCING CERTAIN APPROPRIATIONS OF THE STREET DEPARTMENT AND THE POLICE
DEPARTMENT FOR THE YEAR 1941, AND TRANSFERRING THE PIAOUNT SO REDUCED TO THE GENERAL FUND.
The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
(ORDINANCE NO. 3406
AN ORDINANCE TRANSFERRING CERTAIN FUNDS FROM THE GENERAL FUND OF THE CIVIL CITY OF
SOUTH BEND FOR i�IAERGENCY PURPOSES. ($600.00 Street Dept. repairs of equipment account -
($1200 Police Dept. repairs of equipment account)
The ordinance was .given third reading and passed by a roll call vote of 9 ayes - 0 nays.
IORDINANCE NO. 3407
AN ORDINANCE TRANSFERRING CERTAIN FUNDS FROM THE GENERAL FUND OF THE CITY OF SOUTH
BEND FOR EMERGENCY PU.RPOSES.($1000 Housing Authority)
293
The ordinance was given third reading and was passed by a roll call vote of .6 ayes (Richardson, Brannan, Jordan,
Niezgodski, McCarthy and Pulaski) - 3 nays ( Hull, Bishop and Heideman).
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 2243, BEING AN ORDINANCE REGULATING ALL MATTERS
CONCERNING OR PERTAINING TO THE CONSTRUCTION, ALTERATION, REPAIRS OR ADDITIONS TO,
REMODELING, USE OR OCCUPANCY OF BUILDINGS, OR THEIR PARTS, AND STRUCTURES OF EVERY
NATURE IN THE CITY OF SOUTH BEND, INDIANA, PROVIDING FOR CONDEMNATION AND STOPPAGE
OF THE USE THEREOF AND REGULATING THE SAME, CREATING THE OFFICES OF BUILDING COMMISSIONER,
ASSISTANT BUILDING COMMMISSIONER AND CITY ELECTRICIAN, AND PROVIDING FOR THE OFFICE OF
THE BUILDING DEPARTMENT, AND COMMONLY KNOWN AS THE BUILDINGT CODE, A TD, PARTICULARLY,
,MAENDING SECTION_:8219 ARTICLE XLIII, OF ORDINANCE NO. 2298, THE LATTER BEING AN ORDINANCE
AMENDING SECTIONS 4 AND 814 TO 822, INCLUSIVE, OF ORDINANCE NO. 2243, AND, FURTHER,
kMENDING SAID SECTION 821, ARTICLE XLIII, WHEREVER IT APPEARS IN ANY SUBSEQUENT ORDINANCE
AMENDING EITHER ORDINANCE NO. 2243 AND/OR ORDINANCE NO. 2298.
The ordinance was given first and second reading. Councilman. Hull made a motion to refer the ordinance to the
Committee of the Whole for public hearing November 24. Councilman McCarthy seconded the motion. Motion carried.
RESOLUTION,
BE IT RESOLVED THAT the Common Council of-the City of South Bend recognizes the need for police protection for appro:
imately 750 children attending the St. Joseph Parochial School, at the intersections of Hill Street and LaSalle
Avenue and Hill Street and Colfax Avenue, during the periods when these children are going to and leaving the school,
4
THE CITY COUNCIL further appreciates the fact that this hazard to the children of this particular school can be
remedied by using the full complement of police as provided in the 1941-budget.
THEREFORE, by this resolution, the Board of Public Safety and the Chief of Police are instructed to provide adequate
.police protection at the aforesaid intersections, immediately upon the passing of this resolution.
Councilman McCarthy made a motion for the adoption of the Resolution. Councilman Jordan seconded the motion. Motion
carried.
Councilman Niezgodski made a verbal report of the plan suggested by the City Engineer to draw lines across street
to mark safety zones at Bendix gates.
RPROT LITTON
WHEREAS, certain groups have actively sought legislation requiring registration under rules and regulations of the
Federal government of sporting firearms:: And,
WHEREAS, regulation of such firearms would serve no good or valid purpose: And,
WHEREAS, proper protection of the interests of sportsmen in such firearms should be protected,
NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana:
1. That the representatives of the State of Indiana in Congress be requested to vote against any legislation call-
ing for such registration.
2. That a copy of this resolution be sent to Senators Willis and VanNuys and to Representative Grant.
3. This resolution shall be in full force and effect from and after its passage by the Common Council and its
approval by the Mayor.
Councilman Niezgodski made a motion for the adoption of the Resolution. Councilman Bishop seconded the motion.
Motion carried.
There being no further business, Councilman Pulaski made amotionr adjournment. Councilman McCarthy seconded the
motion. Council adjourned at 9:05 P.M.
ATTEST :.
CLERK