HomeMy WebLinkAbout09-13-48 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indians►, met in regular session in the
Council Chamber, September 13th, 1948, at 8:46 P.M., with all members present except Councilman Muszynski.
President Niezgodski presided. The reading of the minutes of the previous meeting was waived.
PETITION
To the Members of the Common Council
South Bend, Indiana
Gentlemen:
It is a matter of common knowledge that since the establishment of the taxicab rates now in existence by
ordinance adopted in 1941, all items of expense in connection with the operation of taxicabs.,have been greatly
increased. The price of gasoline, oil, automobiles, automobile parts, maintenance, office rental, accounting,
insurance, tires and wages have from said date increased from 25% to 100%.
We, the undersigned persons, firms and corporations directly interested in taxicab operations in South Bend,
respectfully request your support of the amendment to ordinance No. 3359 authorizing the increase of taxicab
fares in the -City of South Bend, Indiana.
(9 Signers)
Councilman Erler made a motion that the petition be referred to the Committee of the 'Whole. Councilman Tellson
seconded the motion. Motion carried.
PETITION
STATE OF INDIANA ) SS;
ST. JOSEPH COUNTY )
IN THE MATTER OF THE PETITION OF MERT E.
BEFORE THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND
MURPHY, ET AL, FOR REZONING OF CERTAIN PROPERTY PE TIT ION
The undersigned, being the owners of the legal title to the property located on the North Side of Mishawaka
Avenue from 29th Street East to the alley, and described as follors, to wit:
Lots Numbered Two Hundred Nineteen (219), Two Hundred Twenty
(220) and Two Hundred Twenty one (221) as shown on the recorded
Plat of Berner Grove First Addition to the City of South Bend,
Indiana.
do hereby respectfully petition the Common Council of the City of South Bend to rezone said property from '"B"
Residence District and "A" Height and Area District, to "C" Commercial District and '"D" Height and Area District.
The undersigned are the owners of 100 per cent of the frontage of the property affected.
Irving A. Hurwich
Attorney for Petitioners
(Signed) Mert E. Murphy
Lillian Murphy
Laura (Mrs. John) LaPoint
'Eunice N. (Mrs. John A. J' .Shoemaker
Councilman Brier made a motion that the petition be referred to the City Plan Commission. Councilman Glass
seconded the motion. Motion carried.
REPORT OF' CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana
Gentlemen:
September 3, 1948
Petition for change of zoning of Lots 168, 169; 184 and 185 in Horne and Dann's First Sub-division in River Park
has gone through advertised public hearing before the City Plan Commission (September 2, 1948)9
The City Plan Commission recommends this change as petitioned for.
It will be noted that this petition does not ask for change in the Use District.
Ordinance No. 2550, passed by the Council June 14, 1926 changed this same property, which is on the south side
of Mishawaka Ave. from 27th to 28th St. from "B" Residence and "A" Height and Area District to "C" Commerd al
and "B" Height and Area District. This "B" Height and Area District does not work well with,a commercial Use
District hence the petition/for change to "E" Height and Area District at this time.
D. Moomaw, Seely.
Councilman Erler made a motion that the report go back to the City Plan Commission. Councilman Kemper seconded
the motion. Motion carried.
REPORT OF CITY PLAN COMMISSION
To the Common Council
City of South Bend, Indiana September 3, 1948
Oentiemen:
The accompanying draft of an ordinance is intended to provide for the zoning of territory -%hich was recently
annexed to the City. The City Plan Commission has had an advertised hearing on this ordinance and at their
regular meeting September 2, 1948 recommended it to the Council for enactment.
D. Moomaw, Seely.
Councilman Erler made a motion that the report go back to the City Plan Commission. Councilman Korpal seconded
the motion. Motion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bendt September 13, 1948
Your Committee of the Whole to whom was referred "An ordinance transferring $2000.00 from budgetary account
711, Properties, Building and Fixtures, of the Park Department of the City of South Bend, Indiana, for the
calendar year 1948; sp propriating said sum of money for the uses and purposes of budgetary account 12, services
personal, labor, care and upkeep of buildings, equipment and grounds, of the Park Department of the City of
South Bend, Indiana; an ordinance transferring $200.00 from budgetary account 711, properties, building and
fixtures, of the Park Department of the City of South Bend, Indiana, for the calendar year 1948; approprist ing
said sum of money for the uses and purposes of budgetary account 2140 services contractual, telephone and
telegraph, of the Park Department of the City of South Bend, Indiana; an ordinance transferring $165.00 from
budgetary account 711, properties, building and fixtures, of the Park Department of.the City of South Bend,
.Indiana, for the calendar year 1948; appropriating said sum of money for the uses and purposes of budgetary
account 242, services contractual, printing and other office supplies, of the Park Department of the City of
South Bend, Indiana; an ordinance transferring $330.00 from budgetary account 711, properties, building and
fixtures, of the Park Department of the City of South Bend, Indiana, for the calendar year 1948; appropriating
said sum of money for the uses and purposes of budgetary account 251, services contractual, repair of buildings,
of the Park Department of the City of South Bend, Indiana; and,ordinance transferring $300.00 from budgetary
account 711, properties; building and fixtures, of the Park Department of the 'City of South Bend, Indiana, for
the calendar year 1948; appropriating said sum of money for the uses and purpose of budgetary account 252,
services contractual, repairs, machinery and equipment, of the Park Department of the City of South Bend,
Indiana; an ordinance transferring $1600.00 from budgetary account 711, properties, building and fixtures, of
the Park Department of the City of South Bend, Indiana, for the calendar year 1948; appropriating said sum of
money for the uses and purposes of budgetary account 321, supplies, coal and fuel oil, of the Park Department
of the City of South Bend, Indiana; an ordinance transferring $750.00 from budgetary account 711, properties,
building and fixtures, of the Park Department of the City of South Bend, Indiana, for the calendar year 1948;
appropriating said sum of money for the uses and purposes of budgetary account 331, supplies, gasoline, of the
Park pepartment of the City of South Bend, Indiana; an ordinance transferring 1200.00 from budgetary account
711, properties, building and fixtures, of the Park Department of the 'City of South Bend, Indiana, for the
oaleridar year 1948; appropriating said sum of money for the uses and purposes of budgetary account 442,
materiais,t•.park maintenance, of the Park Department of the City of South Bend, Indiana; an ordinance transferring
$300.00 from budgetary account 711, properties, building and fixtures, of the Park Department of the City of
South Bend, Indiana, for the calendar year 1948; appropriating said sum of money for the uses'an4urposes of
budgetary account 451, materials, repair parts, of the Park Department of the City of South Bend, Indiana;
declaring an emergency.
Respectfully report that they have examined the matter and that in their opinion this ordinance should go to
the Council as favorable.
STANLEY C. KORPAL, =Chairman
Councilman Glass made a motion that the report be accepted. Councilman Erler seconded the motion. Motion
carried.
REPORT OF THE BOARD OF PUBLIC WORKS AND SAFETY
Members of the Common Council
City Hall
South Bend, Indiana
,-jugust 27, 1948
Gentlemen:
Attached hereto are copies of reports from Mr. William Qualls, Electrical Superintendent, on petitions for
street lights at Catalpa and Garst Streets; Catalpa and Kerr Streets; Bertrand and Olive Streets; Lindsey and
Cushing Streets; Greenlawn and North Side Boulevard; .Adams and California; Clover an0uskin Streets; Fellows
and Bowman Streets; Ironwood Drive and Vine Street; On Cherry Street at the alley South of %ashington Street
and Kemble and.- =Bruce Streeta. The Board .ordered these lights installed.
%fr. Qualls informed the Board that lights ordered in at Dale and Donmoyer Streets; Adams and California; St.
Vincent and St. Jpseph Streets; Clover and Ruskin Streets; Clyde and AAltgeld Streets; Calvert and Robinson_
Streets; Iroquois and North Shore Drive; Huey and Linden Streets; at the end of Robinhood Lane; Olive and
Dunham 'Streets; Vassar and College Streets and on Irvington east of Marine. Street had all been installed and
were now in service.
Mr. Qualls also informed the Board that a change!. had been made in the lighting system on Chapin Street from the
railroad underpass to Prairie Avenue Prom 15 2500 lumen lights and 3 4000 lumen lights underground construction,
to 13 6000 lumen lights, overhead construction, at a saving to the city of $120.00 annually.
Very truly yours,
BOARD OF PUBLIC WORKS AND SAFETY
C. J. Pajakowski, Clerk
Councilman Erler made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion
carried.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF AUGUST, 1948
Balance first of month . $ 10842.758.64
Receipts during month . . 1080580.51
Disbursements . . . . 9 326,555.03
Balance August 31, 1948 . 1,624.784.12
Councilman Kemper made a motion that the report be accepted and placed on file. Councilman Glass seconded the
motion. Motion carried.
ORDINANCT `
—'� 4N ORDINANCE TRANSFERRING THE SUM OF ONE HUNDRED EIGHTY ($180.00) DOLLARS
FROM ACCOUNT NUMBER M -215, TRANSPORTATION, BUILDING DEPARTMENT TO ACCOUNT
ACCOUNT NUMBER V -216, TRAVELING EXPENSES, BUILDING DEPARTMENT, AND DECLARING
AN EXTRAORDINARY EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion
that the ordinance be referred to the Committee of the Whole for Public Hearing on September 27th, 1948, at
800 P.M. Councilman Kemper seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0,
3359 TO PROVIDE FOR THE RATE OF FARES FOR TAXICABS.
The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion
that the ordinance be referred to the Covnittee of the Whole for Public Hearing on September 27th, 1948, at
8:00 P.M. Councilman Tellson seconded the motion. Motion carried.
ORDINANCE NO. 3659
AN ORDINANCE TRANSFERRING $2000.00 FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING
AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH.BEND, INDIANA, FOR THE
CALENDAR YEAR 1948; APPROPRIATING SAID SUN OF MONEY FOR THE USES AND PURPOSES OF
BUDGETARY ACCOUNT 12, SERVICES PERSONAL, LABOR, CARE AND UPKEEP OF BUILDINGS,
EQUIPMENT AND GROUNDS, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA;
AN ORDINANCE TRANSFERRING $200.00 FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING
AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 1948; APPROPRIATING SAID SUM OF MONEY FOR THE USES AND PURPOSES.OF
BUDGETARY ACCOUNT 214, SERVICE CONTRACTUAL, TELEPHONE AND TELEGRAPH, OF THE PARK
DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA; AN ORDINANCE TRANSFERRING $165,00
FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES, OF THE PARK DEPART-
MENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1948; APPROPRIATING
SAID SUM OF MONEY FOR THE USES AND PURPOSES OF BUDGETARY ACCOUNT 242, SERVICES
CONTRACTUAL, PRINTING AND OTHER OFFICE SUPPLIES, OF THE PARK DEPARTMENT OF THE
CITY OF SOUTH BEND, INDIANA; AN ORDINANCE TW:NSFERRING $330,00 FROM BUDGETARY
ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY
OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1948; APPROPRIATING SAID SUM OF MONEY
FOR THE USES AND PURPOSES OF BUDGETARY ACCOUNT 251, SERVICES CONTRACTUAL, REPAIR OF
BUILDINGS, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANNA, AN ORDINANCE
TRANSFERRING $300900 FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES,
OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR
1948; APPROPRIATING SAID SUM OF MONEY FOR THE USES AND PURPOSE OF BUDGETARY ACCOUNT
252, SERVICES CONTRACTUAL, REPAIRS, MACHINERY AND EQUIPMENT, OF THE PARK DEPARTMENT
OF THE CITY OF SOUTH BEND, INDIANA; AN ORDINANCE TRANSFERRING $1600,00 FROM BUDGETARY
ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY
OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1948; APPROPRIATING SAID SUM OF MONEY
FOR THE USES AND PURPOSES OF BUDGETARY ACCOUNT 321, SUPPLIES, COAL AND FUEL OIL,
OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA; AN ORDINANCE TRANSFERRING
$750.00 FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES, OF THE PARK
DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1948;
APPROPRIATING SAID SUM OF MONEY FOR THE USES AND PURPOSES OF BUDGETARY ACCOUNT 331,
SUPPLIES, GASOLINE, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA; AN
ORDINANCE TRANSFERRING $200,00 FROM BUDGETARY ACCOUNT 711, PROPERTIES, BUILDING
AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 1948; APPROPRIATING SAID SUM OF MONEY FOR THE USES AND PURPOSES OF
BUDGETARY ACCOUNT 442, MATERIALS, r= MAINTENANCE, OF THE PARK DEPARTMENT OF THE
CITY OF SOUTH B�"TD„ INDIANA; AN ORDINANCE TRANSFERRING $300.00 FROM BUDGETARY
ACCOUNT 711, PROPERTIES, BUILDING AND FIXTURES, OF THE PARK DEPARTMENT OF THE CITY
OF SOUTH BEND, INDDIANA, FOR THE CALENDAR YEAR 1948; APPROPRIATING SAID SUM OF MONEY
FOR THE USES AND PURPOSES OF BUDGETARY ACCOUNT 451, MATERIALS, REPAIR PARTS, OF THE
PARK DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA; DECLARING AN EMERGENCY.
The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Muezynski).
ORDINANCE N0. 3660 AN ORDINANCE OF THE CITY OF SOUTH BEND INDIANA AUTHORIZING THE ISSUANCE &
SALE OF BONDS OF SAID CITY FOR THE PUPdSOSE OF Pk6VIDING FUNDS TO BE APPLIED 'ON THE
COST OF CONSTRUCTION & IMPROVEMENTS OF SEWERS & EXPENSES INCURRED IN CONNECTION THEREWITH.
The City Clerk presented and read to the .Council a,resolution a_d.o.p_ ted §by the Board o_f . Pubic WR: Safety,
c
requesting a . approprIation_ is the :amount of _ One Mil Do.13ar-s I,D0090 0 to ber app iaet.'oh the cost cf
construction of certain sew rs :and "expenses i�ccir�ed in cannectiox� tha,re+rith' t;tgether9 with the Controllerta
recommendation thereon, said resolution and recommendation being as,Pollows, to -wit:
"RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND`S
WEXREAS, the Board of Public Works and Safety of the City of South Bend, Indiana, has determined
that it would be for the best interests- of said City and its citizens to provide for the construction
and improvement of _certain sewers in said City and that the construction and improvement of such
sewers , la . necessary n_order, to protect the health and well -be ing__of:_the _.cit tens_ and will be of
general benefit to the entire 'City; and
MRE.AS, the Board of Public Works and Safety finds that the estimated cost of the construction
and improvement of said sewers and the incidenteiV expenses in connection therewith will be in the
amount of One Million Dollars ($1,000,000.00); now therefore,
BE IT RESOLVED by the Board of Public Works and Safety of the City of South B6Xd, Indiana, that
this Board request the City Controller and Common 'Council to take proper steps immediately to
provide the necessary funds for said purpose, in the amount of One Million Dollars ($1,0009000.00),
snd to that end that a copy of this resolution be filed with the City Controller and City Clerk,
and presented to the Common Council at the next meeting thereof.
Adopted this 13th day of September, 1948.
(Signed) Albert E. Troeger
F. K. Baer
" R. S. Andrysiak
Board of Public Works and Safety
TO THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIAIM:
The Board of Public Works and Safety of the City,,of South Bend, Indiana, has requested an
appropriation in the amount of One Million Dollars ($1,0009000.00) for application on the cost
of construction of certain sewers and incidental expenses to be incurred in connection therewith,
in the City of South Bend, Indiana.
I recommend that said appropriation be made, and am submitting herewith, for the consideration
of the Council, a form of ordinance authorizing such appropriation. In order to provide funds to
meet said appropriation it Will be necessary to authorize, issue and sell bonds of the City in
the amount of One Million Dollars (51,000,000000), and I am handing you herewith a form of
ordinance drawn for the purpose.
Dated this 13th day of September, 1948.
Respectfully submitted,
(Signed) Albert Be Troeger
City Controller
The City Clerk presented to the Council a petition filed by owners of taxable real estate in the City of
South Bend requesting the Common Council to issue the bonds of the City in an amount not exceeding.
$1,000,000.00, for the purpose of procuring funds to be applied on the cost of construction and improvement
of sewers in said City.
Said petition having been examined and found to be suffioient, and to be properly verified and certified,
on motion duly made, seconded and carried, the same was approved and ordered filed.
Councilman Stanley C. Korpal thereupon introduced Ordinance Noe 3660, entitled "An Ordinance of the City of
South Bend, Indiana, authorizing the issuance and sale of bonds of said City for the purpose of providing
funds to be applied on the cost of construction and improvement of sewers, and expenses incurred in connection
therewith,"' and moved that the Clerk be instructed to read said ordinance in full.. This motion was seconded
by Councilman Albert Tellson and carried. The Clerk then read said ordinance in full.
Councilman Stanley C. Korpal then moved that Ordinance No. 3660 be read a second time by title and that an
opportunity be given for the offering of amendments, which motion was seconded by Councilman Albert Tellson
and carried.. The Clerk then read Ordinance No. 3660 the second time by title, and no amendments being offered
Councilman Walter Ce Erler moved that the rules which, unless suspended, m#iht prevent final passage of said
ordinance,at this meeting,.be suspended, and that unanimous consent be given for final consideration of said
ordinance'at this meeting. This motion was seconded by Councilman Stanley Ce Korpal, and on call of the roll
the vote thereon was as follows:
Ayes: Councilman Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd.Bestle,
Walter Glass, Alvin Kemper and Walter Erler
Nays% None
The Presiding Officer announced that the motion for the suspension of the rules having been carried by
unanimous vote, final action on said ordinance would now be in order.
Councilman Stanley C. Korpal moved that Ordinance No.',3660 be read.a third time in full and be placed upon
final passage. This motion was seconded by Councilman Albert Tellson and adopted by the following votes
Ayes: Councilman Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Beetle,
lklter Glass, Alvin Kemper and Walter 'Erler
Nays: None-
Councilman Stanley Co Korpal moved that Ordinance Noe 3660 be passed and adopted as read. This motion was
.'seconded by Councilman Albert Tellson and on call of the roll was carried by the following vote.
Ayes: Councilman Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Beetle,
Walter Glass, Alvin Kemper and Walter Erler
Nays ,i None
The Presiding Officer announced that said ordinance had,been duly passed and adopted.
Councilman Stanley C. Korpal thereupon introduced Ordinance No. 3661, entitled "An Ordinance of the City of
South Bend, Indiana, appropriating the sum of One Million Dollars ($1,000,000.00) to be applied on the cost
of construction and improvement of sewers, and expenses incurred in connection therewite , and moved that
the Clerk be instructed to read said ordinance in full-. This motion was seconded by Councilman Albert
Tellson and carried. The Clerk then read said ordinance in fulle_
Councilman Stanley C. Korpal then moved that Ordinance No. 3661 be read a second time.,-by title,.and that
an opportunity be given for the offering of amendments,' which motion was seconded by Councilman Albert Tellson
and carried. The Clerk then read Ordinance Noe 3661 the second time, by title, and no amendments were offered
thereto.
Councilman Walter Erler then moved that said ordinance be carried over for further consideration until a
meeting of the Council to be held on the 27th day of September, 1948, and that a public hearing be held or-
said ordinance at that meeting; that the City Clerk be instructed to publish a notice to taxpayers of such
public hearing once each week for two weeks in The South Bend Tribune and South Bend Mirror, the same being
newspapers published in the City of South Bend and represen €ing the two leadinr political parties, and to
post said notice in three public places in the City, the first publication ancosting; to be at least ten days
prior to said date. This motion was seconded by Councilman Alvin Kemper, and on call of the roll was adopted
by the following vote:
Ayes: Councilman Clem Niezgodski, Stanley Korpal, Albert Tellson, Cloyd Bestle,
Walter Glass, Alvin Kemper, and Walter Erler
Nays% None
The Presiding Officer declared said motion carried, and instructed the City Clerk to publish and post notice
of said public hearing as provided in the foregoing motion.
There being no further business presented, on motion duly made, seconded and carried, the meeting thereupon
adjourned.
ATTEST:
APPROVED:
CLERK PRESIDEN