HomeMy WebLinkAbout03-27-50 Council Meeting Minutes- - --
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REGULAR MEETING MARCH 27TH, 1950
Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the
Council Chamber, Monday, March 27th, 1950, at 8 :15 P.M. with all members present. President Erler presided.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend: March 27th, 1950
Your Committee on the inspection and supervision of the minutes, would respectfully report that they have
inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend
that the same be approved.
Meeting of March 13th, 1950.
There being no objections, the report of the minutes was accepted.
COMMUNICATION
Mrs. Mayme DuMont
City Clerk of South Bend, Indiana
Dear Madam:
CLEM NIE'ZGODSKI }
STANLEY Co KOFPAL ) Committee
WALTER C. ERLER, SR. )
March 21st, 1950
I have been instructed'by the members of Plumbers and Steamfitters Local Union 172 of South Bend, Indiana to
inform your _office that it is imperative that the "Maggies' Court" project must be started this summer.
Regardless of the propaganda expanded in our local paper, by the Realtors dissociation, we feel we must have
this work in order to maintain full employment for our members.
Hoping you will concur with our appeal and help our members gain a full years employment, I remain
Fraternally yours,
Vim. P. Farley
Recording Secretary
Councilman Korpal'made a motion that the communication be accepted. Councilman Niezgodski seconded the motion.
Motion carried.
COMWNICATION
`Copy-'6f le'tter'.from Ernest H. Miller, Traffic Engineer, to John Kelly, District Engineer, State Highway
,'Commission, Lal''orte, Indiana, relative,to snow removal on Western Avenue,
Councilman Korpal made a motion that the communication be accepted and placed on file. Councilman Mushy nski
seconded the motion. Motion carried.
617
REGULAR MEETING MARCH 27TH, 1950
PETITION
To the Common Council of the City of South Bend, Indiana
The undersigned, being more than fifty per cent (50%) of the owners of the following described real estate in
the City of South Bend, St. Joseph County, Indiana, to-wit:
Lots Numbered 12 to 15, inclusive, as shoran on the recorded Plat of
Southwest Addition to the City of South Bend; Lot Numbered 22 and Lot
Numbered 23 as shown on the recorded Plat of City View Place Addition
to the City of South Bend except 30 feet taken off of and from the
South side of said Lot Numbered 23; Lots Numbered 70 to 74, inclusive,
and Lots Numbered 25, 26 and 27, all as shown on the recorded Plat of
City View Place Addition to the City of South Bend except 40 feet taken
off of and from the entire South side of said Lots Numbered 25, 26 and
27,
do hereby respectfully petition that the aforesaid Ordinance No. 3702 be amended in order that the zoning of
the above described realty be changed from "C" Commercial Use District and "D" Height and Area District to
"B" Residence Use District and "A" Height and Area District so that the aforesaid real estate will bur adapted
for uses permitted by and under said "B" Residence Use District and subject to the restrictions pertaining
thereto.
The above described real estate includes all realty.which is presently zoned as "C" Commercial Use District
on the North side of Ewing Avenue from the first alley West of Kemble Avenue to Chapin Street in the City of
South,Bend, Indiana, except the following described realty, to wit:
Lots Numbered 24 and 30 feet off of the South side of L.ot Numbered
23; also 40 feet off of the South side of Lots Numbered 25, 26 and
279 all as shown on the recorded Plat of City View Place Addition
to the City of South Bend, Indiana.
IN WITNESS. WHEREOF, the undersigned have hereunto set their hands this 27th day of March, 1950.
22 Signers
Councilman Kemper made a motion that the petition be referred to the City Plan Commission. Councilman Tellson
seconded the motion. Motion carried.
PETITION
STATE OF INDIANA ) SS:
ST. JOSEPH COUNTY )
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
PETITION TO AMEND ZONING ORDINANCE 3702.
The undersigned�respe etfully ask and request that your Honorable Body amend zoning Ordinance No. 3702 by
6hanging the -zoning classification of Lots Numbered Forty -two (42) and Forty -three (43) in J. M. Studebaker's
Subdivision, an Addition to the City of South Bend, and Lots Numbered Twenty -three (23), Twenty -four (24),
Forty -eight (48), Forty -nine 149), Seventy -three (73) and Seventy -four (74), Summit Place -Third Addition
to the City of South Bend, and request that the same be changed from "C" Commercial District to "B" Residential
District.
(Signed) Peter Goznovich
Councilman Tells-on made a motion that the petition be referred to the City Plan Commission. Councilman Glass
seconded the motion. Motion carried.
PETITION
TO THE HONORABLE GENTLEMEN OF THE CITY COUNCIL
OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY South Bend, Indiana
STATE OF INDIANA March 15, 1950
Gentlemen:
We, the undersigned property owners of Lots No. 361, 362, 363, 3640 365 and 366 in Colonial Gardens Addition
to the City of South Bend, such lots being situate on the north side of Mishawaka Avenue, in the City of
South Bend, Indiana, and between 33rd Street and 34th Street, hereby petition this Honorable boar to rezone
the above named and enumerated lots from Class C which they are now zoned to Class B residence and A height
and area district.
5 Signers
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman
Niezgodski seconded the motion. Motion carried.
PETITION
To the Common Council
City of South Bend
Gentlemen:
February 18, 1950
The undersigned, being the owners of Lots Nos. 1075 and 1076 in Third Plat Summit Place Addition to the City
of South Bend, and of Lots Nos. 1129 and 1130 in Fourth Plat Summit Place Addition to the City of South Bend,
do hereby petition the Common Council of the City of South Bend, Indiana, to change the zoning classification
of said lots from "C" Commercial and "D" Height and Area to "B" Residence and "A" Height and Area District.
2 Signers
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Kemper
seconded the motion. Motion carried.
PETITION
To the Honorable Common Council of the City South Bend, Indiana
of South Bend, Indiana March 16, 1950
University of Notre Dame Du Lac, an Indiana corporation, the Congregation of Holy Cross, Priests Society,
Indiana Province, and St. Mary's Academy, an Indiana corporation, respectfully represent and alleges
1. That they are now the owner in fee simple of a tract of real estate in St. Joseph County, Indiana,
bounded by a line running as follows:
Beginning at a point 250 feet South and 200 feet West of the Northeast corner
of the SE-411-of Sec. 24, T37N, R2E; thence West along present city limits 965
feet to the present North and South city limits; thence South 734.85 feet to
the South line of University of Notre Dame property; thence Easterly 724.72
feet to point of curve; thence Northeasterly along said curve 199.44 feet to
point of tangency of curve (Said curve has an angle of intersection of 12041,
tangent of 100 feet, and radius of 947.17 feet); thence Northeasterly along
tangent to said curve to present city limits; thence South along present city
limits to point 1050 feet south of centerline of Donmoyer Avenue (East and
West center -line of Sec 24); thence East 200 feet to West line of Sec 19,
T37N, R3E (center -line of Miami Street) thence South along the West line
of said Sec 19 a distance of 1536.3 feet to the South line of said Sec 19;
thence East along the South line of said Sec 19 to the North and South
center -line of said Sec 19; thence North 1217.6 feet to the present city
limits; thence West along the present city limits 1457.69 feet; thence
North along the present city limits 360 feet; thence West along the
present city limits 1373 feet to a point 200 feet West of East line of
Sec 24; thence North along present city limits a distance of 976.4 feet
` to the place of beginning.
2. That petitioners desire that said territory, being contiguous to the present southern city limits to the
City.of South Bend, lie annexed to and constitute thereafter a part of the City of South Bend, Indiana, and
submit herewith proposed-form of ordinance for the accomplishment of that purpose.
WHEREFORE, petitioners respectfully pray and request that this Common Council adopt such proposed form of
ordinance for the annexation of said described territory to the City of South Bend.
ATTEST:
John J. Burke, Secretary
ATTEST:
Sister M. Gerald, Secretary
UNIVERSITY OF NOTRE DAME DU 1AC
By Thomas A. Steiner, President
CONGREGATION OF HOLY CROSS,
PRIESTS SOCIETY, INDIANA PROVINCE
By Thomas 1. Steiner, Province
ST. MARY'S ACADEMY
By Mother M. Rose Elizabeth, Supervisor General
President
Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman
Tellson seconded the motion. Motion carried.
PETITION
To the Honorable Board of Public Works and Safety
of the City of South Bend, Indiana February 1, 1950
Gentlemen:
We the undersigned property owners, petition your honorable body to change the name of Bissel:.Street between
Northwood Drive and Corby Street to Churchill Drive.
3 Signers
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman
Bestle seconded the motion. Motion carried.
REPORT OF BOARD OF PUBLIC WORKS AND SAFETY
Members of the Common Council
Council Chambers, City Hall
City of South Bend, Indiana
Gentlemen:
March 27, 1950
The Board of Public Works and Safety has authorized the installation of street lights at the following
locations: Sheridan Street between Huron and Ford Streets, Intersection of Kessler Boulevard and Kinyon
Street, Olive Street between Delaware and Ewing Avenue, Cottage Grove Avenue between Lincolnway West and
Lindsey Street, Intersection of O'Brien and Hamilton Street, Intersection of Marquette Boulevard and O'Brien
Street, High Street and Broadway East, Adams Street at Colfax Avenue, Intersection of Indiana Avenue and
Rush Street, Sycamore Street between LaSalle and Colfax Avenues.
Mr. Qualls informed the Board that the lights ordered in at the following locations have been installed and
are now in service: Intersection of Kessler Boulevard and Kinyon Street, Olive between Delaware and Ewing
Avenue, Sycamore between LaSalle and Colfax Avenue, Intersection of Indiana and Rush Streets, Intersection
of Altgeld and Caroline Street, Intersection of Altgeld and Sampson Streets, Intersection of Altgeld and
Carroll Streets, Intersection of Tasher and Jennings Ayenues, Intersection of Humboldt and Elmer Streets,
Alley intersection between Jefferson and Wayne, and Notre Dame and St. Peters Streets, :Alley intersection
between Corby and Howard, and Hill and Lawrence Streets, Intersection of Bruce and Chapin Streets, Inter-
section of Huey Street and Prast Boulevard, Intersection of Sherman Avenue and Culver Place, Intersection
of Carlisle and Linden Avenue; also a 1000 lumen light was changed to a 4000 lumen light at Studebaker and
Fassnacht Street.
FGN :hs
Very truly yours,
BOARD OF PUBLIC WORKS & SAFETY
Freda G. Noble, Clerk
Councilman Tellson made a motion that the report be accepted. Councilman Glass seconded the motion.
Motion carried,
ORDINANCE
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A BUREAU OF FIRE
PREVENTION, PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POffEERS
AND DUTIES, PRESCRIBING REGULATIONS FOR FIRE PREVENTION AND LIFE
SAFETY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.
The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a
motion that the ordinance be referred to the Committee of the Whole for Public Hearing on April 10th.
Councilman Muszynski seconded the motion. Motion carried.
ORDINANCE N0. 3738
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
ISSUANCE AID 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.
The City Clerk presented and read to the Council a resolution adopted by the Board of Public Works and Safety
requesting an appropriation in the amount of One Million Dollars ($1,000,000.00) to be applied on the cost of
construction of certain sewers and expenses incurred in connection therewith, together with the Controller's
recommendation thereon, said resolution and recommendation being as follows, to -wit:
"RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND"
WHEREAS, 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 con -
struction and improvement of certain sewers in said City and that the construction and improvement
of such sewers is necessary in order to prot"t the health and well -being of the citizens and will
be of general benefit to the entire City; and
WHEREAS, the Board of Public Works and Safety finds that the estimated cost of the construction
and improvement of said sewers and the incidental expenses in connection therewith will be in
the amount of One Million bollats (11,000,000.00); now therefore,
BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend, Indiana, that
this Board request the City Controller and Common Council to take proper steps immediatel to provide
the necessary funds for said purpose, in the amount of One Million Dollars ($1,000,000.00, and to
that end that a copy of this resolution be filed with the City Controller and City Clerk, and presented
to the Common Council at the next meeting thereof.
Adopted this 27th day of March, 1950.
(Signed) Frank J. Bruggner
K. Baer
" R. S. Andrysiak
Board of Public Works and Safety
TO THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA
The Board of Public Forks and Safety of the City of South Bend, Indiana, had requested an
appropriation in the amount of One Million Dollars ($R1,000,OOG.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 ($1,000,000.00), and I am handing you herewith a form of ordinance
drawn for,-.,the purpose.
Dated this 27th day of March, 1950.
Respectfully submitted,
(Signed) Frank J. Bruggner
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 havint been examined and found to be sufficient, and to be properly verified and certified, on
motion duly made, seconded and carried, the same was approved and ordered filed.
Councilman Walter C. Erler thereupon introduced Ordinance No. 3738, 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 Clem Niezgodski then moved that Ordinance No. 3738 be read a second time by title and that an
opportunity be given for the offering of amendments, which motion was seconded by Councilman Chester Muszy nskis
and carried. The Clerk then read Ordinance No. 3738 the second time by title and no amendment was offered
thereto. Councilman Walter Glass then moved that said ordinance be carried over for further consideration
to a meeting of the Council to be held on the 10 day of April, 1950, and that a public hearing be held on
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 avid representing thb two leading political parties, and to
post said notice in three public places in the City, the first publication and posting 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: Walter C. Erler, Stanley Korpal, Albert Tellson,
Cloyd Bestle, Clem Niezgodski, Walter Glass, Alvin
Kemper and Chester Muszynski.
Nays Y
620
I I REGUTA R MEETING MARCH 27TH, 1950
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.
RESOLUTION
A RESOLUTION AUTHORIZING PUBLICATION BY THE CLERK OF
THE CITY OF SOUTH BEND, INDIANA, OF THE NOTICE OF A
PUBLIC HEARING TO BE HELD ON THE APPLICATION OF THE
HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, Ir?DIARA,
FOR APPROVAL OF THE ISSUANCE, SALE AND DELIVERY OF
SAID HOUSING AUTHORITY OF CERTAIN BONDS, NOTES,
INTERIM CERTIFICATES, DEBENTURES AND OTHER OBLIGATIONS
PURSUANT TO THE HOUSING AUTHORITIES ACT OF THE STATE
OF INDIANA.
WHEREAS, The Housing Authority of the City of South Bend, Indiana, located in the City of South Bend, Indiana,
(hereinafter called the "Authority ") is a public body corporate and politic duly organized and existing under
and b virtue of the Housing Authorities Act (Chapter 207, Acts of 1937), as amended, (hereinafter called the
"A6�". , -and
WHEREAS, as of April 17, 1942, the Authority entered into a contract For Financial Assistance with the Federal
Public Housing Authority (now known as the Public Housing Administration and hereinafter referred to as "PHA`)
whereby the PHA agrees to loan to the Authority a sum not to exceed $1,289,200.00 at an interest rate of 3%
per annum for the planning, development and construction of 232 units of public low -rent housing, to be known
as Project Wo. ` IND -15 -1; and
WHEREAS, as of June 12, 1945, the Authority entered into a Contract For Loan and Annual Contributions with the
Federal Public Housing Authority (now known as the Public Housing Administration and hereinafter referred to as
"PHA ") whereby the PHA agrees to loan to the Authority a sum not to exceed $594,000.00, at an interest rate of
per annum, for the planning, development and construction of 100 units of public low rent housing, to be
known,as Project No. IND -15 -2; and
WHEREAS, as of February 3, 1942, the City of South Bend and the Authority executed a Co- operation Agreement
whereby the city agrees to cooperate with the Authority, in the manner set forth therein, in the development
of the aforesaid Projects Nos. IND -15 -1 and 15 -2.
WHEREAS, the aforesaid contracts were based upon costs prevailing at the time they were entered into and
inasmuch as all costs have increased very much since such date, the actual costs of planning, developing and
constructing the projects will cost considerably in excess of such amounts.
WHEREAS, the Authority proposes to secure amendments to the aforesaid contracts with the Public Housing
Administration which will provide financial assistance for such projects under current prevailing costs.
WHEREAS, the Authority, pursuant to said contracts. and in order to finance its corporate purposes in connection
with the planning, construction' and operation of said urban low -rent public housing, shall desire to borrow
money and to issue, sell and deliver, from time to- .time, as required, its bonds, notes, interim certificates,
debentures, and other obligations pursuant to said Act (which bonds, notes, interim certificates, debentures
?and other obligations are hereafter referred to collectively as "bonds`); and
WHEREAS, pursuant to said Act--the Authority has filed its petition with the Common Council of the City of
South Bend, Indiana, asking approval of the issuance, sale and delivery by such Authority from time to time
of its bonds, and approval of its housing projects consisting of not to exceed 332 dwelling units for families
of low income ;;and
WHEREAS, said Abt provides that the project must be approved by the City and the issuance, sale and delivery
of bonds of a Local Authority must be approved by the Common Council after a public hearing held pursuant
to a Notice of the time, place and purpose thereof by one publication of least terays prior to the date of
said hearing in a newspaper of general circulation in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
1. That the Clerk of the City of South Bend, Indiana, shall be, and she is hereby authorized anddirected, to
publish on the 29th day of March, 1950, in the South Bend Tribune, a newspaper of general circulation published
in the City of South Bend, Indiana, a Notice in the form of a Notice attached to and made a part of this
Resolution.
2. Said Clerk of the City of South Bend, Indiana, shall file with the Common Council an Affidavit of the
publisher of said South Bend Tribune, showing that said Notice was published in the said South Bend Tribune
on the 29th day of March, 1950.
3. This Resolution shall be in full force and effect from and after its passage. Passed by the Common
Council this 27th day of March, 1950.
WALTER C. ERLER, SR.
resident of the Council
TO: The Common Council of the City of South Bend, Indiana,
City Hall,
South Bend, Indiana
Gentlemen:
The undersigned, The Housing Authority of The City of South Bend, Indiana, (herein called the "Authority "),
respectfully represents and shows to the Common Council of the City of South Bend, Indiana, as follawsz.
1. That it is a public body corporate and politic duly
organized and existing under and by virtue of the
Housing Authorities Act (Chapter 207, Acts of 1937)
of the State of Indians., as amended, (herein called
the "Adt ").
620
REGUTA R MEETING MARCH 27TH, 1950
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.
RESOLUf ION
A RESOLUTION AUTHORIZING PUBLICATION BY THE CLERK OF
THE CITY OF SOUTH BEND, INDIANA, OF THE NOTICE OF A
PUBLIC HEARING TO BE HELD ON THE APPLICATION OF THE
HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, IITDIANA,
FOR APPROVAL OF THE ISSUANCE, SALE AND DELIVERY OF
SAID HOUSING AUTHORITY OF CERTAIN BONDS, NOTES,
INTERIM CERTIFICATES, DEBENTURES AND OTHER OBLIGATIONS
PURSUANT TO THE HOUSING AUTHORITIES ACT OF THE STATE
OF INDIANA.
WHEREAS, The Housing Authority of the City of South Bend, Indiana, located in the City of South Bend, Indiana,
(hereinafter called the "Authority ") is a public body corporate and politic duly organized and existing under
and b virtue of the Housing Authorities Act (Chapter 207, Acts of 1937), as amended, (hereinafter called the
"A6�. " r and
WHEREAS, as of April 17, 1942, the Authority entered into a contract For Financial Assistance with the Federal
Public Housing Authority (now known as the Public Housing Administration and hereinafter referred to as "PHA')
whereby the PHA agrees to loan to the Authority a sum not to exceed $1,289,200.00 at an interest rate of 3%
per annum for the planning, development and construction of 232 units of public low -rent housing, to be known
as Project •No.' ITID -15 -1; and
WHEREAS, a,s of June 12, 1945, the Authority entered into a Contract For Loan and Annual Contributions with the
Federal Public Housing Authority (now known as the Public Housing Administration and hereinafter referred to as
"PHA ") whereby the PHA_ agrees to loan to the Authority a sum not to exceed $594,000.00, at an interest rate of
3% per annum, for the planning, development and construction of 100 units of public low rent. housing, to be
known, as ' Project No. IND -15 -2; and
WfiEREAS, as of February 3, 1942, the City of South Bend and the Authority executed a Co- operation Agreement
whereby the City agrees to cooperate with the Authority, in the manner set forth therein, in the development
of the aforesaid Projects Nos. IND -15 -1 and 15 -2.
WHEREAS, the aforesaid contracts were based upon costs prevailing at the time they were entered into and
inasmuch as all costs have increased very much since such date, the actual costs of planning, developing and
constructing the projects will cost considerably in excess of such amounts.
WFN3REAS, the Authority proposes to secure amendments to the aforesaid contracts with the Public Housing
administration which will provide financial assistance for such projects under current prevailing costs.
WHEREAS, the Authority, pursuant to said contracts_ and in order to finance its corporate purposes in connection
with the planning, construction and operation of said urban low -rent public housing, shall desire to borrow
money and to issue, sell and deliver, from time to-.time, as required, its bonds, notes, interim certificates,
debentures, and other obligations pursuant to said Act (which bonds, notes, interim certificates, debentures
nd other obligations are hereafter referred to collectively as "bonds "); and
WHEREAS, pursuant to said Act -the Authority has filed its petition with the Common Council of the City of
South Bend, Indiana, asking approval of the issuance, sale and delivery by such Authority from time to time
of its bonds, and approval of its housing projects consisting of not to exceed 332 dwelling units for families
of low income;-.And
WHEREAS# said Abt provides that the project must be approved by the City and the issuance, sale and delivery.
of bonds of a Local Authority must be approved by the Common Council after a public hearing held pursuant
to a Notice of the time, place and purpose thereof by one publication of least te0ays prior to the date of
said hearing in a newspaper of general circulation in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
1. That the Clerk of the City of South Bend, Indiana, shall be, and she is hereby authorized anddirected, to
publish on the 29th day of March, 1950, in the South Bend Tribune, a newspaper of general circulation published
in the City of South Bend, Indiana, a Notice in the form of a Notice attached to and made a part of this
Resolution.
2. Said Clerk of the City of South Bend, Indiana, shall file with the Common Council an Affidavit of the
publisher of said South Bend Tribune, showing that said Notice was published in the said South Bend Tribune
on the 29th day of March, 1950.
3.. This Resolution shall be in full force and effect from and after its passage. Passed by the Common
Council this 27th day of March, 1950.
WALTER C. ERLER, SR.
-Irr'esident of the Council
TO: The Common Council of the City of South Bend, Indiana,
City Hall,
South Bend, Indiana
Gentlemen:
The undersigned, The Housing Authority of The City of South Bend, Indiana, (herein called the "Authority "),
respectfully represents and shows to the Common Council of the City of South Bend, Indiana, as follows:.
1. That it is a public body corporate and politic duly
organized and existing under and by virtue of the
Housing Authorities Act (Chapter 207, Acts of 1937)
of the State of Indiana, as amended, (herein called
the "Act ").
2. That as of April 17, 1942, the Authority entered into
a contract For Financial Assistance with the Federal
Public Housing Administration (none known as the Public
Housing Administration and hereinafter referred to as
"PHA ") whereby the PHA agrees to loan to the Authority
a sum not to exceed $1,289,200.00 at an interest rate
of 3% per annum, for the planning, development and
construction of 232 units of public low -rent housing,
to be known as project No. IND -15 -1.
3. That as of June 12, 1945, the Authority entered into a
Contract For Loan and Annual Contributions with the Federal
Public Housing Authority (now known as the Public Housing
Administration and hereinafter referred to as "PHA.") whereby
the PHA agrees to loan to the Authority a sum not to exceed
$594,000.00 at an interest rate of eo per annum, for the
planning, development and construction of 100 units of
public low -rent housing, to be known as Project No.
IND -15 -2,
4.
That the aforesaid contracts were based upon costs prevailing
at the time they were entered into and inasmuch as all costs
have increased very much since such date, the actual costs
of planning, developing and constructing the projects will
cost considerably in excess of such amounts.
5.
That the Authority proposes to secure amendments to the
aforesaid contracts with the Public Housing Administration
which will provide financial assistance for such projects
under current prevailing costs.
6.
That as of February 3, 1942, the City of South Bend and the
Authority executed a Co- operation Agreement whereby the City
agrees to cooperate with the Authority, in the manner set
forth therein, in the development of the aforesaid Projects
Nos. IND -15 -1 and 15 -2.
7.
That said Three Hundred.Thirty -two (332) units of urban low-
rent public housing, which will be planned and developed by
the Authority pursuant to the aforesaid contracts, will be
built in the City of South Bend, will be subject to the
planning, zoning, sanitary and building laws, ordinances
and regulations which are applicable to the City, and will
be on a site or sites determined upon by the Authority to be
consistent with and most advisable for the future growth of
the City. The said Units shall be constructed in such a
manner that they will not be of elaborate or extravagant
design or materials and economy will be promoted both in
construction and administration, and all other requirements
of the Indiana Housing Authorities Act and the United States
-Housing Act of 1937, as amended, will be complied with. The
site for Project IND -15 -2 has been selected by the Authority
and approved by PHA and is located on Western Avenue between
Scott and Taylor Streets and is commonly known as the Maggiet.s
Court Area. The site £ or project IND -15 -1 has been selected by
the Authority and is located on Middlefield Addition lying
between Lincoln Way West and the -. Crumstown Road, in South Bend,
Indiana.
8.
That hereafter the Authority, pursuant to said contracts and kn
order to finance its corporate purposes in connection with the
construction and operation of said low -rent urban public housing,
not to exceed Three Hundred Thirty -two (332) units, as described
herein, shall desire to borrow money and to issue, sell and deliver,
from time to time, as required, its bonds., notes, interim certificates,
debentures, and other obligations pursuant to said Act, which said
notes and all other bonds, notes, interim certificates, debentures,
and other obligations are hereafter collectively referred to as "bonds".
9. That said bonds shall not be a debt of the City, the Town, or the
County, or the State or any political subdivision thereof, nor shall
the City, Town, County, the State or any political subdivision be
liable thereon, nor in any event shall such bonds be payable out of
any funds or properties other than those of the Authority. The
bonds shall not constitute an indebtedness within the meaning of
any constitutional, or statutory debt limitation or restriction.
10. That Sections 14 and 15 of said Act provide that all bond issues
of a housing authority must be approved by the Common Council, Town
Board or County Council, as the case may be, after a public hearing
held pursuant to Notice of the time, place and purpose thereof, by
one publication, at ?east ten (10) days prior to the date of the
hearing, in a newspaper of general circulation in the particular
city, town, or county.
ll. That Section 8 (h) of said Act provides that no housing authority
shall initiate any project under said Act until the governing body
of the City, town, or county, as the case may be, has first approved
such project.
WHEREFORE, THE UNDERSIGNED, THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND,
INDIANA, HEREBY RESPECTFULLY PETITIONS THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AS FOLLOffS:
10 That said Council shall cause to be published once in the South Bend
Tribune,& newspaper of general circulation in said City of South Bend,
Indiana,, a Notice of a public hearing, to be held at least ten (10) days
subs ue t t the blicatiion of said Notice wh ch said Notice. shall
spec gyhe:�ime, ace and purpose of saidublc hearing.
622
REGULAR MEETING
2. That on the day and at the time and place specified in
said Notice, said Common Council shall convene and conduct
said public hearing for the purpose of hearing and considering
this petition of said Authority.
39 That thereafter said Council shall duly enact an ordinance
approving and granting this petition, and approving the planning,
development and construction of Project No. IND -15 -1 not to exceed
Two Hundred Thirty -two (232) units of public low -rent housing as
described herein and the planning, development and construction
of Project No. IND -15 -2 not to exceed One Hundred (100) units
of }public low -rent housing as described herein and the execution,
sale and delivery of such notes and bonds by the Authority as may
be required to evidence and secure any loans to be made under the
aforesaid contracts with the Public Housing Administration and
any amendments thereto for the development of said projects. All
of said bonds, notes, interim certificates, debentures, or other
obligations shall be in the form and in the amounts as shall be
hereafter determined by Resolution of said Authority to be necessary
to meet the aforesaid development costs.
For the Council's convenience, there is enclosed a form of ; 3otice of a Public Hearing, which the Council
may desire to complete and have published.
- ,RESPECTFULLY SUBMITTED, by The Housing Authority of the City of South Bend, Indiana.
THE HOUSING AUTHORITY OF THE
CITY OF SOUTH BEND, IFDIANA,
By: C. H. Annala, Executive Director
WILLIAM E. VOOR, Attorney for The Housing
Authority of The City of South Bend, Indiana.
Councilman Kemper made a motion that the Resolution be referred to the Public Improvements Committee.
Councilman Glass seconded the motion. Motion carried.
FIVE - MINUTE RECESS - 9:35 P.M.
Councilman Glass made a motion for a five minute recess. Councilman Tellson seconded the motion. Motion
carried, and Council adjourned for five minutes.
RECONVENED MEETING - 9:40 P.M.
Councilman Kemper withdrew his motion that the resolution be referred to the Public Improvements Committee.
Councilman Glass withdrew his second to the motion. Motion carried.
Councilman Niezgodski made a motion for the adoption of the resolution, and that it be referred to the
Committee of the Whole for Public Bearing on April 10th. Councilman Korpal seconded the motion. Motion
carried.
UNFINISHED BUSINESS
Councilman Glass,,made a motion that the officials of the bus company meet with members of the Board of Public
Works to discuss detailed consideration of the problems involved relative to new routings, schedules and new
and additional equipment.
There being no further business, Councilman Niezgodski made a motion to adjourn, which motion was seconded by
Councilman Glass. Motion carried, and Council adjourned at 10 :10 P.M.
ATTEST:
BONN-,
W20-1. Ww"PAN W- -W-A