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REGULAR MEETING
JANUARY 26TH, 1953
Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the
Council Chamber, Monday, January 26th, 1953, at 8:08 P.M., with all members present. President Erler presided.
REPORT-,'OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
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 January 12th, 19539
WALTER C. ERLER,SR. )
STANLEY Co KORPAL ) Committee
W. A. HAHN )
Councilman. Niezgodski made a motion that the report be accepted. Councilman Hahn seconded the motion.
Motion carried.
COMMUNICATION
Members of the City Council,
South Bend, Indiana.
Gentlemen:
January 20, 1953
At a business meeting of the Riirer Park Business Men's Association held Monday January 19, 1953 the following
was passed.
That the River Park Business Men's Association go on record as being against the proposed garbage pickup which
makes it neQessary for the home owner to put the garbage out in front of his home in order for it to be taken
away. The .Association goes on record as being in favor of having the garbage picked up at. the rear of the
property.
Cordially yours,
RIVEOARK BUSINESS MEN'S ASSOCIATION
By: John Watson
Secretary
Councilman Niezgodski made a motion that the communication be accepted and placed on file. Councilman Hahn
seconded the motion. Motion carried.
14
REGULAR MEETIM
COMMUNICATION
The Common Council of South Bend
Mr. Walter Erler, President January 15, 1953
City Hall
South Bend, Indiana
Gent lemen:
JANUARY 26TH, 1953
On January 12 the Common Council passed Ordinance 3903 prohibiting the passing of motor vehicles by trucks
and trailers on public streets in the City of South Bend.
On this date I have vetoed this ordinance and returned it to the City Clerk.
Although the purpose and spirit of this law represents a conscientious and commendable effort on the part of
the Council to alleviate a traffic problem, it is my opinion that the ordinance will fail to achieve what the
Council intended it to achieve.
+ +
For example the ordinance is limited to trucks or trailers of a manufacturer's rated capacity of five tons:or
more* This would still permit very heavy trucks and trailers to pass on our streets since a great many of the
heavy trucks and trailers are under the manufacturer's rate of five tons.
Moreover,, the ordinance presents problems of enforcement that I think might merit more study by the Council.
It might`be• well for instance if the ordinance provided passing on certain streets, and also, there may be
exceptions to the ordinance which should be provided for.
I am completely in accord with the Council's determination to reduce hazards and traffic bottlenecks caused
by trucks passing on our city streets, and you may be sure of my cooperation in the adoption and the enforcement
of a revised ordinance which would accomplish the objectives you seek.
Very truly yours,
JOHN .A. SCOTT
Mayor
JAS: esj
Councilman Glass made a motion that the Veto be accepted and placed on file with original Ordinance No. 3903,
and that Ordinance No4 3903 be mai-ked "Vetoed by the Honorable John A. Scott on January 15th, 1953 ". Councilman
Hahn seconded the motion. Motion carried.
PETITION
PETITION OF OV+INERS REQUESTING ANNEXATION OF
LAND TO`.THE CITY ".OF SOUTH. BEND, INDIANA.
THE UNDERSIGNED OWNER hereby respectfully petitions the Common Council to annex to and declare to be a part of
the City of South Bend, Indiana, the following described real estate in St. Joseph County, State of Indiana;
Beginning on the present city limits at a point 200 ft, south
of the center of section 19 T. 37 N.R. 3 East; thence east along `
-the present city limits 200 ft* south of the east and west center
line of said section 19 a distance of 1320 ft., more or less, to
the east line of the North West Quarter of the South East Quarter;
thence south 955 ft., more or less, to a point 165 fto north of
the south line of the North West Quarter of the South East Quarter;
thence west 1320 ft., more or less, to.-the north and south center
line of said section 19; thence north long the north and south
center line of said section 19 a distance of 955 ft., more or less,
t� the place of beginning; all in the North east Quarter of the
South East Quarter section 19 T. 37 N. R. 3-east.
There is annexed to this petition copies of drawings descriving the location and layout of the above
described real estate. There is also submitted herewith copies of proposed ordinance to be accepted by the
Common Council annexing the above described lands to the City.
PLACE & COMPANY, INC.
By: Virgil Place
Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Bestle
seconded the motion. Motion carried.
PETITION
Common Council of the City of South Bend,
South Bend, Indiana.
Gentlemen :.
On behalf of the St. Joseph County Catholic High School, the owner of all of the land herein described, the
undersigned respectfully petitions the Common Council of the City of South Bend to pass such necessary ordinances
as may be required to effect the annexation to the City of South Bend of the following described real estate
which was recently acquired for the purpose of erecting a Catholic High School.
(Continued)
JANUARY 26TH, 1953
PETITION (Continued)
Beginning at the intersection of the North line of Angela Avenue and
the Westerly line of U. S. Highway No. 31, which point is forty (40)
feet North of the North line of Section 1, Township 37 North, Range
2 East, and fifty (50) feet West of the center line of Michigan Street;
thence Northeasterly along the Westerly line of U. S.. Highway No. 31 a
distance of six hundred ten (610) feet, more or less, to a point six
hundred (600) feet North of the North line of Angela Avenue; thence
West parallel with and six hundred (600) feet North of the North line
of Angela Avenue a distance of four hundred ten (410) feet, more or
less, to the Easterly line of Michigan Central Railroad Company's
right -of -way; thence Southerly along the said right-of-way line a
distance of six hundred five (605) feet, more or less, to the North
line of Angela .Avenue; thence East parallel with and forty (40) feet
North of the North line of Section 19 Township 37 North, Range 2 East,
along North line of Angela Avenue a distance of two hundred eighty -five
(285) feet, more or less, to the place of beginning, subject to easements,
if any, in favor of the Indiana and Michigan Electric Company to maintain
utility poles*
The above described real estate is located at the Northwest corner of Angela Avenue and U.S. Highway No. 31•
Respectfully submitted,
St. Joseph County Catholic High School
By: Rt. Rev. Msgr. John S. Sabo
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman
Niegod-ski seconded the motion. Motion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred "An Ordinance transferring monies from Board of Public Works
and Safety, H -58B, Building Contingencies, $236.48 to Fire Department, Q, -712, Other Structures; from Street
Department, 5 -13, Extra and Overtime, $216.00 to Street Department, 5 -11, Salaries; from Street Department,
5 -12, Hourly Workers, Salary of Mechanic, $4,316900 to Street Department, 5 -11, Regular Salary, all of the
budget for the year 1953 of the Civil City of South Bend, Indiana ".
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the
Council as favorable.
W A. Hahn, Chairman
Councilman Niezgodski made a motion that the report be accepted. Councilman Korpal seconded the motion.
Motion carried.
P.EPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF DECEMBER, 1952.
Balance on hand first of month . .
Receipts during month . . . . . . '. . . . . . . . . . . .
Disbursements
Balance • • • • • • • • • • • • • • • . • • • • • • • • • • • •
Councilman Muszynski made a motion that the report be accepted.and placed on file*
the motion.' Motion carried,
REPORT OF THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1952.
There being no objections, the report was accepted and placed on file.
REPORT OF THE BOARD OF PARK COMMISSIONERS FOR THE YEAR 1952.
There being no objections, the report eras accepted and placed on file.
ORDINANCE N0. 3904
. $ 1,822,671.12
1,026,129.51
999,370.34
. $ 1,8499430.29
Councilman Korpal seconded
AN ORDINANCE TRANSFERRING MONIES FROM BOARD OF PUBLIC WORKS
AND SAFETY, H -58B, BUILDING CONTINGENCIES, $236.48 TO FIRE
DEPARTMENT, Q, -712, OTHER STRUCTURES; FROM STREET DEPARTMENT,
5 -13, EXTRA AND OVERTIME, $216.00 TO STREET DEPARTMENT, 5 -11,
SALARIES; FROM STREET DEPARTMENT, 5 -12, HOURLY WORKERS, SALARY
OF MECHANIC, $4,316.00 TO STREET DEPARTMENT, 5 -11, REGULAR
SALARY, ALL OF THE BUDGET FOR THE YEAR 1953 OF 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 N0. 3905
AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A CERTAIN CONTRACT
AND AGREEMENT MADE AND ENTERED INTO BY AND B'ENE EN THE CITY OF SOUTH
BEND, INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND
SAFETY, AND NORTHERN INDIANA TRANSIT, INC., ITS SUCCESSORS AND
ASSIGNS, WHICH SAID CONTRACT RELATES TO THE RATES CHARGED FOR BUS
TRANSPORTATION SERVICE UPON CERTAIN STREETS AND HIGHWAYS IN SAID
CITY.
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion
for suspension of rules. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of
9 ayes - 0 nays.
The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays.
850
WARIMM
ORDINANCE
AN ORDINANCE PROHIBITING THE PASSING OF MOTOR VEHICLES
BY TRUCKS, TRAILERS AND CERTAIN OTHER VEHICLES ON PUBLIC
STREETS -IN THE CITY OF SOUTH BEND, INDIANA.
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 February 9th, Councilman
Korpal seconded the motion. Motion carried*
RESOLUTION
BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the Contract heretofore entered
into by and between the Board of Public Works and Safety of the City of South Bend, Indiana, and Elgin Sweeper
Company of :Elgin, Illinois, for two Elgin 81 -D Street Sweepers with detachable hopper capacity three cubic yards,
for the contract price of $22,310.00 is confirmed and approved*
WALTER C. ERLER SR,
ember of the Common Council
Resolution adopted by a roll call vote of 9 ayes - 0 nays.
UNFINISHED BUSINESS
Councilman Hahn made a motion to appoint special committee to make study of proposed ordinance on garbage and
trash collection and submit their report to the Council. Councilman. Glass seconded the motion. Motion carried•
President Erler appointed Councilmen Alford, Pinter, Erler, Korpal and Glass to serve on the committee•
NEW BUSINESS
Councilman Korpal made a motion that the Board of Public Works and Safety contact the New York Central system and
Grand Trunk Western Railroad relative to obstructing the Olive and Sample Street crossing during switching
operations. Councilman Muszynski seconded the motion. Motion carried*
Councilman Niezgodski made a motion that the Council draft a Resolution specifying the urgency and that some
action be taken relative to railroad tie -ups and copies "be sent to local State Legislators as well as the Governor.
Councilman Muszynski seconded the motion. Motion carried.
�e
There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was
seconded by Councilman Korpal. Motion carried, and Council adjourned at 8:47 P.M.
ATTEST :.
Ciaw
APPROVED:
PRESIDENT