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Home My WebLink About09-23-46 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Countsi Chebers g� 1 $ t ber 23 d 1946, at 7: b P.M. with 1 members resent. President Kor al presi3ed. Irie ra'ading off" h'e Mi u�es of tie' previous meeT.ing wa's waive. p p COMMUNICATIONS A communication from-Eugene Happ, Chairman, Fire Prevention Section, of the Association of Commerce, dated September 18th, 1946, with regard to the proposed Fire Ordinance, was read. Councilman Brannan made a motion that the letter be placed on file. Councilman Mirocha seconded the motion. Motion carried. A letter from Crumpacker, May, Carlisle and Beamer, enclosing a copy of a letter from the Grand Trunk Western Railroad Company, dated September 13th, 1946, with reference to the Grand Trunk Grade oressirngs in South Bend, was read. Councilman Mirocha made a motion that the Grand Trunk Railroad Company, be notified that the crossings at Ford Street and Harris Street, have not as yet been repaired. Councilman Niezgodski seconded the motion. Motion carried. A communication from the Board of Public Works and Safety, by James P. Conboy,..Clerk, dated September 19th, 1946, with reference to the petition for a street light at the corner of North Johnson Street and Elwood Avenue, was read. Councilman Heideman made a motion that the communication be placed on file. Councilman Bishop seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF TEE 7EOLE To The Common Council of the City of South Bend: Sept. 23, 1946 Your Committee of the Whole, to whom was referred an Ordinance amending Ordinance No. 2331, as amended, of the .'Municipal City of South Bend, Indiana (South Bend 'Sand & Gravel Co. situated No. of L.W.W. & East of Bendix Drive) Respectfully report that they have examined the matter and that in their opinion this Ordinance shall be reported to -the Council as favorable. WILLIAM J. RICHARDSON, Chairman. Councilman Bishop made a motion that the report be accepted. Councilman Mirocha seconded the.motion. Notion carried. REPORT OF THE COMMITTEE-OF THE MOLE To the Common Council of the City of South Bend: Sept. 230 1946 Your Committee of the 71hole, to whom was referred an Ordinance regulating methods of design and installation of warm air, winter air conditioning systems,. and of gravity.warm air heating systems and regulating the alteration, repair;.remodeling and replacement of such systems or parts of systems in buildings of the City of South Bend, Indiana; providing penalties for the violation hereof; repealing any and all ordinances in conflict therewith. Respectfully report that they have examined the matter and that in their opinion this Ordinance shall be reported to the Council favorably. Councilman • Beideman made a motion that the report be accepted. Motion carried. It REPORT OF THE:_COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend; WILLIAM J. RICHARDSON, Phairman Councilman Bishop seconded the motion. Your Committee of the Ahole, to whom was referred an Ordianance Amending Ordinance No. 2331, Commonly known as the zoning Ordinance of the City of South Bend, Indiana. ( Lots #187, 188 & 189, No, Main St.) (Lots #17, 186: 19, East North Shore Drive) Respectfully report that they have examined the matter and that in their opinion this Ordinance shall be reported to the Council favorably. WILLIAM J. RICHARDSON, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Bishop seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND INDIANA - AUGUST, 1946 Balance on hand firdt of Month --------------------------- -- -w ------------------------- $1,729'.122.36 Receipts during Month----------------------- - - - - -- ---------------------------- - - - - -- 142;443.59 Disbursements during month ----------------------------------------------------- - - - - -- "279,344 «36 Balance August 31, 1946 -------------------------------------------------------- - - - - -- 10592,221.59 Councilman Brannan made a motion that the report be accepted. Councilman Bishop seconded the motion. Motion carried. ORDINANCE NO. 3570 AN ORDINANCE AMENDING ORDINANCE NO. 2.331, AS AMENDED, OF THE MUNICIPAL CITY OF SOUTH "BEND,JNDIANA. (South tend Sand & Gravel- L.W.W. & E. of Bendix Drive) The Ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. REGULAR MEETING - c ORDINANCE NO. 3571 AN ORDINANCE REGULATING METHODS OF DESIGN AND INSTALLATION OF WARM AIR, WINTER AIR CONDITIONING SYSTEMS, AND OF GRAVITY WARM AIR HEATING SYSTEMS AND REGULATING THE ALTERATION, REPAIR, REMODELING AND REPLACEMENT OF SUCH SYSTEMS OR PARTS OF SYSTEMS IN BUILDINGS OF THE CITY OF SOUTH BEND, INDIANA; PROVIDING PENALTIES FOR THE VIOLATION HEREOF: REPEALING ANY AND ALL ORDINANCES IN CONFLICT THEREWITH. The Ordinance was given Third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. 3572 AN ORDINANCE AMENDING ORDINANCE NO. 2331, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots 187, 188 &'189- ?forth Main Street) (Lots 17, 18 & 19 - East North Shore Drive) The Ordinance was given Third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE INANCE AN ORDINANCE AMENDING ORDINANCE NO. 2331. (Lots 184 & 185 - Park Place- S.E. Corner of N. Eddy & Chalfant) The-Ordinance was given first and second reading. Councilman Richardson made a motion t hat the Ordinance be set for Public Hearing on October 14th, 1946, at 7 :30 P.M. Councilman Mirocha seconded the Motion. Action carried. ORDINANCE A"- ORDINANCE REGULATING THE MSE BY VEHICLES OF PROPERTY OWED BY THE CITY OF SOUTH BEND, INDIANA; PROVIDING RULES ND REGULATIONS COVERING SUCH USE: PROVIDING PENALTIES. The:.0rdinancer was given first and second reading. Councilman Mirocha made a motion that the Ordinance be held in the Council Councilman Bishop seconded the motion. Motion carried. RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF $115,000.00 FROM AND OUT OF THE BARRETT LAW FUNDS OF THE CITY OF SOUTH BEND, IN ACCOUNTS KNOWN AS "RECOVERIES DUE CITY% AND "CITY LIABILITIES "`, TO THE JUDGMENT FUNDING ACCOUNT OF S AID CI TY FOR ME YEAR 1946; DECLARING AN EMERGENCY. BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT; 1. The sum of,$p115,00000 be transferred, and the proper City Officers-are hereby authorized to'make such transfer, from and out of The Barrett Law Funds. in "acco;ants known as "Recoveries Due City ", and "City liabilities".. to the Judgment Funding Account, for the uses snnd purposes of said Judgment Funding Account, as is- provided in the Budget ofthe City of South oend, for the year 1946. 2:. The interest payments and the principal payments upon the bonds, covered by the appropriation for such Judgments Funding Account, become due and payable on or about October 1, 1946, therefore, an emergency exists requiring this transfer to be made forthwith. 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. (Signed Melton 0. Brannan) Member of the Common Council Councilman NcCarthy made a motion to adopt the Resolution. Councilman Bishop seconded the motion. Motion carried. RESOLUTION WHEREAS, a sewage treatment plant is, proposed to be erected by the City of South Bend as a means to end the alleged polution of the St. Joseph River and to purify its water, and 111EREAS, the erection of a sewage treatment plant of the types -, kinds and specifications heretofore proposed is in itself no assurance that the purpose of such coizstruetion and erection, namely, the purification of the St. Joseph River will follow automatically, and WHEREAS, the vast sum necessary to construct and' erect the proposed facility' mall have been wasted, if after its completion the proposed plant does not prevent the'.polcttion of the river, but leaves its waters in a state of impurity and unhealthfullness; NOWT, THEREFORE, BE IT RESOLVED that any engineer or firm of engineers eventually selected to design a sewage treatment plant or sewage disposal plant for the City of ;South oend be required as a condition precedent to their employment for this purpose to post a bond with collateral or sureties to be approved by the majority vote of this body in an amount equal to the entire compensation and or commission which will be payable to such engineer or engineering firm for their services in designing and or supervising the construction of such plant, such bond to be payable to the City of South end and conditioned upon the efficiency of such plant in producing an effluent having the following characteristics: 1. A 95% reduction in the B yo- Chemical oxygen demand of the treated sewage, I* The Oxygen content of the effluent shall be at least six parts of free oxygen to each million gallons of effluent. AND BE IT FURTHER RESOLVED that such bond shall provide for appropriate tests to be made at least ninety days after the plant is in full running operation by a recognized independent laboratory selected by this body; and that such tests shall be of at least fourteen days continuous running of efftuent, and that the determination of such independent laboratory as to whether'or not the above stated conditions of performance have been met by the said plant shall be final and binding. This Resolution shall be in full force and effect, from and after its passage by the Common Council, and its approval by the Mayor. (signed) Melton 0. Brannan Member of Common Council Councilman Bishop made a motion that the - Resolution be referred to the Grievance Committee. Councilman Richardson seconded the motion. Motion carried. RESOLUTION RESOLUTION ESTABLISHING DAYLIGHT SAVINGS TIME IN THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1946 AND RAFTER. RE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: 14 Daylight Savings Time shall be in- effect in the City of'South send, Indiana, and for all of its Departments, from 2. :01 A.M. each last Sunday of each April to 2.:01 A.M., of each last Sunday of each September,, effective for . the year 1946 and thereafter. 2:. Daylight Savings Time shall be time one hour in advance of Central Standard Time. 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. Weed) Wm J. Richardson Mem er of the Common Council of the City of South Bend, Indiana, Councilman Niezgodski made a motion that the Resolution be adopted. Councilman Bishop seconded the motion. Motion carried. ORDINANCE;.. AN ORDINANCE PROVIDING FOR 21E SAFETY OF PERSONS A KD PROPERTY AND PROVIDING FOR THE ISSUANCE OF PERMITS PROVIDING FOR INSPECTION AND FOR RULES AYD REGULATIONS GOVERNING ALL PLACES OF ASSEMBLY: PROVIDING PENALTIES FOR VIOLATIONS: AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Councilman McCarthy made a motion that the Ordinance be set for Public Hearing on October 14th, 1946, at 7 :30 P.M. Councilman Hull seconded the motion. Motion carried. There being no further business, Council adjourned at 8:30 P.M. TTEST: AP VED: Clerk residen / d •