HomeMy WebLinkAbout04-27-53 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the
Council Chamber, Monday, April 27th, 1953, at 7:12 P.M., Central Standard Time (8 :00 P.M. C.D.T.), with all
members present except Councilman_Muszynski.. 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 April 13th, 19539
(Signed) WALTER C.. ERLER SR. )
" STANLEY C. KORPAL ) Committee
" W. A. HAHN )
Councilman Glass made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion
carried.
CONMUNICATION
City Council
South Bend, Indiana
Gentlemen:
1403 Chester Street
South Bend, Ind.
April 22, 1953
I was present at the last Council meeting when things were said which concern me. Mr. Erler expressed views
which were 'challenged by only one member. Before dealing with them, may I express my appreciation for your
endless hours of work, and the wisdom and patience with which you try to meet the many problems of our city.
Also, there is a sort of apology due you. Only the Public Improvements Committee was asked to a housing meeting
at Hering House, and neither arrived nor informed the people waiting that they were not coming. But the point
of the-remarks made concerning the Council's lack of information remains valid.
The whole Council had been invited, each one by letter, to go on a tour of the housing project in Benton Harbor
last fall, which was sponsored by the Women's Council for Human Relations. Not one member was interested enough
to find out at first hand what that city had done to solve the housing problem for indigents and low income
families in slum areas and in sub- standard homes. In addition, when committees of women visited the new members
of the Council, whose views on housing were not known, it was found that lack of information did not concern them.
The only one who was even receptive to information was Mr. Hahn.
Because Mr. Place made the trip to Benton Harbor and ponvinc6dhimself of the facts at first hand, he could speak
with conviction before you about the responsibility of government for this type of housing* He readily admits
that private builders cannot meet the need. The 290 units in Benton Harbor is run by the former city building
inspector, T. E. Agens. He would be glad to come to South Bend to confer with the public improvements committee,
or the council as a whole. He will tell them, as he told us, that the project had the backing of the whole
community, real estate men and builderss included, and that a properly administered project does not need a
subsidy because the rents could cover all costs of operations
From the Memphis, Tenn, Housing Authority's annual report', issued
in January, 1953, I would like to quote the following paragraphs
x "It should also be pointed out that while we are eligible to receive
Federal subsidy to offset extremely low rentals, we have been able
to meet all our obligations for seven straight years without the
need of this subsidy. In other words, public housing is paying
its way and still doing the,job for which it was intended."
We were also told in Benton Harbor that residents stay no longer than is absolutely necessary because they, too,
work toward improving their status, and toward home ownership* In Memphis last year, of 3,341 tenants,, 892
families left the 'project, either because they had improved their income beyond the limit set for renters, or
were ready to buy their own home. Ninety -three bought homes•
Mr. Erler calls Federal Housing "socialistic ". I wonder if he ever read the lawl Senator Taft, who sponsored
the 1949 Housing Act would resent being caalled. a "socialist ". This bill subsidizes builders of big subdivisions
as Mr. Place explained at the last Council meeting; it insures-loans for those who have enough money to make a
down- payment to buy a house; it provides help for building farm homes. Why are all these subsidies not socialis
while lifting the standard of living of the low income group is so considered? These people are subsidized now
by tax payers thru welfare, and thru the exhorbitant cost of police, delinquenoy, health and crime. The prisons
are packed with men, many of whom trace their plight to ack of decent living conditions when they were children.
We pay and pay for our disregard of the primary causes.
Then Mr. Erler mentioned the suits filed against certain cities for millions of dollarsl This is true. But
what he did not say was that South Bend is also in line to be sued and for the same reasons. Throughout the
country, on the strength of a contract signed by the ppoper city officials and the government in Washington,
money was advanced to local Housing Authorities appointed by the Mayor, with which to purchase land and for
other needs. For a variety of reasons, and due to pressures from various interests, the projects were stopped
at one stage or another. The Federal government is suing so that either the cities live up to their contracts
or the contracts be voided and the cities return the money they have spent*
In South Bend, a contract was signed and the land known as "Maggie's Court" was purchased in the early 19401s,
and condemnation proceedings were started. Some families were moved out and given priority in the proposed
project as the law prescribed. Some are still living there in both rehabilitated and substandard homes* All
that remains is for the pity Council to sign the authorization for -the sale of the bonds which would be repaid
from the rentals. It would cost the city nothing. Yet the Council has refused to approve the financing for a
project, the need for which was demonstrated even before the Housing Authority was set up. Therefore, a law
suit is in the offing. With the passage of years, I am told that Maggie's Court has become valuable business
property. If the Federal government loses its suit and the land is sold to business men, we will have a further
aggravated shortage of low rental housing because these people will have no place to go*
Mayor Joseph E.- ,Finerty of Gary, Indiana, issued a report showing the actual savings to his city by providing
some 800 decent housing units for those who need it. Other cities' reports are available to the Council, if
they would really become interested in facts, nor fiction. Gary's income from personal property taxes rose from
$19 to $31 per family The Township Trustee saved $9 plus the cost of utilities per family per month in rentals.
The housing project furnishes street lighting, library space, recreation space and equipment, fire hydrants,
sanitary inspection and other public services, so the city saved all that expense. The rate of fire calls fell
from 1 call to 25 families annually to 1 call to 400 families. There were fewer deaths from tuberculosis and
pneumonia and far fewer illegitimate births. The report shows that 15% more youngsters stay in school and the
general scholarship level of all the children rose.
873
7TH. 1953
Mr. Erler wants more home rule. He seems to distrust the Federal government which he and rest of us created*
The Federal government does not build the houses. Private builders do, after competitive bidding. His saying
that housing projects were administered poorly because'it was political was just like the women who disagreed
with his zoning decision and yelled from the balcony that it was "politics "g She was expressing the same lack
of confidence in him as he expressed in the men in Washington. Was either performance worthy of our democracy?
He accused the Federal government of paying 3% instead of the 10f of the shelter rent which the law calls for,
and of building unsuitable structures. Life Magazines in the October 27, 1952 issue did not condemn those 15-
story buildings as unsuited to life in a crowded city where vertical living is a necessity The state and city
felt that it was worth what it cost them. All this is in the hands of the local governing body, and if there
is mismanagement, it is because the city has failed in its responsibility to hire the proper director, whose
duty it is to enforce the regulations set up by law.
It was unfair for Mr. Erler to speak for the whole Council, especially since he was sitting in the Chair and he
was not authorized to present their views. As a matter of fact, the 10f shelter rent is not only paid promptly,
as a rule, but it is at least equal to, if not greater than what the city collected in taxes from the shacks that
occupied the area before reclamation began. It may be true that business enterprises on the same ground might
pay more, but at what a cost to the conscience of a city whose progress depends on the welfare of the people
who live in it.
Mr. Erler was upset by the possibility that indigent and low income families might live as decently as a middle
class family Should that not be a source of pride to a city? The director of the Benton Harbor project was
proud of the educational job they were doing. They were teaching people who did not know how to use modern
plumbing and appliances; they were inspecting the homes regularly and helping these people to understand
responsibility for the things they found in their new surroundings. There are always a few who will never
improve themselves. But to use these few as the excuse to deprive the many who yearn for a decent home in which
to bring up their children is to make a mockery of the purpose for which government was created. A housing
project in Maggiets Court could be the source of great pride to our city, and a potential force for good.
All we can hope for in this matter is that you Council members will open your.minds and study the facts. Weigh
them against the prejudices and pressures of self - interested groups,'and you will surely decide that action is
needed. If projects have succeeded elsewhere, the one we have started here has as good a chance for success.
In closing, I would like to quote Mr. Place, who said to one realtor, "Until you see this through your heart,
you won't; understand." With your minds aware of facts, and your hearts full of understanding for those who are
in desperate need of decent living conditions, we will surely find you leading the community to the solution
of this problem.
Sincerely yours,
(Mrs* A.M,) Rose R. Shulman
Councilman Niezgodski made a motion that the communication be accepted and placed on file. Councilman Bestle
seconded the motion._ Motion carried.
PETITION
Gentlemen:
We, the undersigned property owners, petition your honorable body to enforce load limit on W Indiana Ave. f rom
So. Olive St, to Prairie Ave.
(126 Signatures)
Councilman Korpal made a motion that the petition be referred to the Board of Public Works tp enforce load limit
on W. Indiana Ave• from So. Olive St. to Prairie Ave. and report back to the Council. Councilman Pinter seconded
the motion. Motion carried.
PETITION
TO: The Honorable Members of the Common
Council of the City of South Bend
The undersigned respectfully petition the Common' Council of the City of South Bend, as follows
1. To re -zone the following described real estate located in the City of South Bend, County of
St. Joseph and State of Indiana, to -wit:
Beginning at a point 280.7 feet east, and 232 feet south of the northwest corner
of the east one -half of the northeast quarter of Section Four, Towaship"Thirty -seven
North, Range two east ;thence east on a line parallel to and 232 feet south of the
north line of said section four, 148.14 feet; thence south parallel with the east
line of the west half of the northwest quarter of the northeast quarter of said
section four, a distance of 317.42 feet to the center line of Lincoln way (Lincoln
Trail); thence Northwesterly along the center line of said Lincoln Way 160 feet;
thence North a distance of 250991 feet to the place of beginning,
from Class A Residential District and Class A Height and Area District, to Class C Commercial District and Class
D Height and Area District.
2. To re -zone the following described real estate located in the City of South Bend, County,of
St. Joseph and State of Indiana, to -wit:
A parcel of land bounded by a line running as follows: beginning at a point on the
north line of Section 4, Township 37 north, range 2 east, 280.7 feet east of the
northwest corner of the east half of the northeast quarter of said section 4; thence
continuing east along the north line of said section 4, 148.14 feet; thence south
parallel with the east line of the west half of the northwest quarter of the north-
east quarter of said section 4, a distance of 232 feet; thence west on a line parallel
to and 232 feet south of the north line of section 4, a distance of 148.14 feet; thenoe
north a distance of 232 feet to the place of beginnings
from Class A Residential District and Class A Height and Area District, to Class D Light Industrial District and
Class E Height and Area District.
MEETING
APRIL 27TH9 1953
3. In support thereof, your. petitioners submit the following:
A. That the lands lying on the north side of Lincoln Way West and to the
east of the property described, and the lands lying on the south side of
Lincoln Way West and to both the east and west thereof, are zoned at this
time for commercial use;
Be That the general character of the neighborhood in which the lands above
described are situated is not suited for residential use; that a commercial
use has already begun in the area and that the parcels described and the
lands immediately adjacent thereto can best be used for commercial and light
industrial use as in this petition prayed for.
The power to re-zone being vested in the Common Council, this petition is for the reasons above noted, being
respectfully submitted to you.
Oden R. Robertson and Martha E.
Robertson, owners by
CRUMPACKER, MAY, BEAMER, LEVY & SEARER
By R. Floyd Searer, their attorneys
Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Hahn
seconded-the motion. Motion carried*
PETITION
PETITION FOR AMENDMENT TO THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA, WHICH SAID ORDINANCE IS MORE
PA.RTICULARY KNOWN AS ORDINANCE NO. 3702.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
The undersigned, being the owner of all of the following described real estate in the City of South Bend, St.
Joseph County, State of Indiana, to-wit: �
Lots Numbered 266, 267 and 268 as shown on the recorded
Plat of The D. M. Shively Addition to the City of South
Bend, Indiana,
does hereby respectfully petition that the zoning of the aforesaid realty under .Ordinance No. 3702 be changed
from B Residence Use-District and A Height and area District to D Light Industrial Use District and E Height
and Area District so that the aforementioned real estate will be adaptable for uses permitted by and under said
W Light Industri"fil Use District and said E Height and Area District and-- subject to the restrictions pertaining
thereto.
The above described real estate has a frontage on the West side of William Street in the City of South Bend,
Indiana, extending from the South line of the first alley South of Calvert Street to a point 102 feet South
thereof* The realty located immediately to the .North of the above described realty and the realty located
immediately to the East of the above described realty is already zoned as D Light Industrial Use District and
as E Height and Area District under said Ordinance No. 3702.
IN WITNESS WHEREOF, the undersigned have hereunto -set their hands this 23rd day of April, 1953•
(Signed) Mildred A. Smith & Earl Clarence Smith, Sr.
Councilman Bestle made a motion that the petition be referred to the City Plan Commission. Councilman Hahn
seconded the motion. Motion carried*
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF MARCH, 1953.
Balance on hand first of month o . . . . . . $ 1,489,730.32
Receipts during month . . . . 4160747.26
Disbursements ... . . . . 9 4040066.96
Balance . . o . . . . . $ 1,502,410.62
Councilman Hahn made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING SECTION 36s. OF CHAPTER 29 OF GENERAL
ORDINANCE N0. 3709 KNOWN AS THE 1949 MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA.
The ordinance was given third reading and lost by a roll call vote of 1 aye - 7 nays - 1 absent (Councilman
Muszynski).
ORDDINANCE NO. 3921
AN ORDINANCE AMENDING SECTION 36a OF CHAPTER 29 OF GENERAL
ORDINANCE N0. 3709 KNOWN AS THE 1949 MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA.
The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for
suspension of rules. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays
1 absent (Councilman Muszynski).
The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman
Muszynski).
ORDINANCE
AN ORDINANCE PROVIDING FOR THE COLLECTION AND -DISPOSAL
OF GARBAGE AND TRASH AND 'PROVIDING PENALTIES.
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 May 11th. Councilman Bestle
seconded the motion. Motion carried.
REPORT OF SPECIAL COMMITTEE ON PUBLIC HOUSING
To the Common Councils
We have listened to.the arguments of the few citizens who desire the cooperation of the civil city in securing
public' housing for South Bend.
We are of the opinion that the majority of taxpayers and citizens in South Bend are now opposed to the City
entering into, in any way, the business of Public Housing. This has been demonstrated before our Common Council
at different times and also by a straw ballot conducted by the South Bend Tribune. The recent elections are
also a clear mandate from the people against such practices. Our Committee stands for the taxpayers and citizeng
who are home owners.
Public Housing will not do the most good for the most people because:
1. It is privileged and discriminating*
2. It does not help those in need.
3. It costs more than privately built housing.
4. It does not clear slums.
5. It is politically corrupting.
6. It is socially degenerating.
79 It is a long step toward socialism.
89_ It is not the will of the people.
9. It is foreign to our American Way of life.
We are informed by reliable sources that the countries like England, France and Italy that do have public
housing, have intolerable housing conditions and that the situation continues to get worse rather than better
and that the countries are rapidly approaching bankruptcy and that private building has been greatly hindered
and that it is difficult to get material for private building. We are also informed that the larger cities
in this country.like New York City, that have engaged extensively in public housing are now financially
embarassed• South Bend is in excellent financial condition and should remain so. Reliable statistics show
that South Bend is enjoying the highest percentage ,of home ownership of any city in the United States and
that over 70% of the homes are now owner - occupied. Only about a dozen years ago there were only half that
many owner - occupied homes. Many of these owners are in debt on their homes and it would be unwise to ask them
to assist in paying for homes for others or to ask the Federal Government, with all its present indebtedness,
to further increase its indebtedness and increase Federal taxes on the people that are now buying their homes*
This report is the.unanimous opinion of our Committee.
Respectfully submitted,
COMMITTEE ON PUBLIC HOUSING
(Signed) Percy Alford, Chairman
" Michael R. Pinter
�t Walter C. Erler Sr.
The above report was read by President Erler.
AGREEMENT
THIS AGREEMENT made and entered into this 27th day of April, 1953 by and between the City of South Bend,
Indiana, a municipal corporation, by and through its Board of Public Works and Safety, hereinafter referred
to as "CITY" and the Dependable Disposal Company, Inc., hereinafter referred to as the "CONTRACTOR ", witnesseth:
WHEREAS, on the 7th day of November, 1949 a contract for collection and disposal of garbage for the City of
South Bend was entered into by and between the CITY and Herman F. Waechter, then doing business as the Dependab
Disposal Company, and which said contract, with the consent of the CITY was thereafter assigned by the said
Herman F. Waechter to the "Dependable Disposal Company, Inc., and
WHEREAS, on March 24, 1952, certain conditions having arisen as related therein, an Amendment, hereinafter
referred to as the "Amendment ", to the contract was mutually agreed upon, and
WHEREAS, it was always contemplated and so understood by the parties to the Contract that the CONTRACTOR would
dispose of the garbage by feeding the same to hogs and this fact was the primary and direct cause of the
CONTRACTOR making a bid for the collection of said garbage and was a substantial part of the consideration
of said Contract, and
WHEREAS, in January of 1953 the CONTRACTOR, through no fault of its own, was ordered by Federal and State
authorites to dispose of its hogs because they were diseased, and the CONTRACTOR has so disposed-of them, and
WHEREAS, said CONTRACTOR notified the CITY in January of 1953 that it cannot continue its operation under said
Contract and Amendment because of its inability to feed garbage to hogs and realize a profit therefrom; its
increased expense in making other disposition of the garbage as required by law; and the additional expense of
collecting from additional dwellings as heretofore mentioned in said Amendment, and
WHEREAS, the sum of Seventy Nine Thousand Five Hundred Dollars ($79,500.00) has been appropriated for the
collection of garbage during 1953, and
WHEREAS, it is to Ithe best interests.of the CITY that the CONTRACTOR continue in the operation of its said
Contract as provided for herein, and an extraordinary emergency has existed since January, 1953, and now
exists, therein affecting the welfare of the CITY,
NOW THEREFORE, it is mutually agreed between the parties as follows:
4
REGULAR MEETING
APRIL 27TH. 1953
876
1. That the contract and /or amendment thereto, as hereinbefore referred to, be and the same is hereby
amended and modified in this, to-wit: That the CONTRACTOR agrees to continue its operation to include the first
seven months of 1953, January to July inclusive, and that the schedule of payments as found in the Contract and
or the Amendment be amended to provide from the Appropriation already existing an additional sum of Three Thousand
Dollars ($3,000.00) for each of said seven months, and CITY shall pay to CONTRACTOR, in addition to the regular
semi - monthly installment first payable after the date of this amending agreement, the sum of Thirteen Thousand
Five Hundred Dollars, ($13,500.00), and thereafter shall pay, on the successive dates of the semi - monthly install.
*eats due and in addition to amounts now provided for, the sum of Fifteen Hundred Dollars ($1500.00), the total
then being Sixteen Thousand Eight Hundred Twelve Dollars and Fifty Cents, ($16,812.50) for the first semi - monthly
installment after this agreement date, and Four Thousand Eight Hundred Twelve Dollars and Fifty Cents ($4812.50)
for each successive semi - monthly installment.
2. In the event the CITY terminates said Contract, as provided for herein, on August 1, 1953, it is
acknowledged that it is to the advantage of the CITY that the CONTRACTOR maintain, and the CONTRACTOR agrees to
maintain, a skeleton force for a period of one month from August 1 to assist the CITY in the change -over period,
and the CITY shall pay only the sum of Three Thousand Dollars, ($3,000.00) for said service rendered by the
CONTRACTOR.
3. In the event the CITY does not terminate the contract, as provided for herein, it is agreed CITY
will not require said services as provided for in Paragraph 2 herein and CONTRACTOR will not be paid for said
services, but in that event, CONTRACTOR will continue its operation during August, receiving therefore two
semi - monthly installments in the amount of Four Thousand Eight Hundred Twelve Dollars ($4812.50) and Fifty Cents
each and CONTRACTOR agrees to continue its operation, unless terminated as provided for herein, the remaining
months`of the year, receiving as semi - monthly installments the amounts as provided for herein for the month of
August.
4. In consideration of all payments, as provided for herein, the CONTRACTOR agrees, upon termination
by the CITY, to submit its books and records for audit to the City Controller. If said audit reflects a profit
on the CONTRACTOR'S operation as set -out herein for the calendar year of 1953, or any part thereof upon earlier
termination, said profit being over and above the expenses set out in an estimated profit and loss statement
marked Exhibit A. attached and made a part hereto, then said profit shall revert to the City Appropriation Fund
from which it was paid. The parties hereto recognize said statement attached as an approximation and not an
exact distribution of the expenses of the CONTRACTOR.
5. Further in consideration of payments as hereinabove provided it is agreed that the CITY shall at
all times hereafter have and retain the option and privilege of terminating said contract of November 7, 1949,
together with all amendments thereto in the event that the CITY, as anticipated, shall determine to undertake
a municipally operated garbage removal program provided that the CITY shall give the CONTRACTOR at least fifteen
(15) days notice in writing stating its intention to terminate and fixing the date of said termination, said
notice to be delivered either in person or by registered mail to the CONTRACTOR'S Corporation President at his
last know address= Further provided that CITY agrees not to terminate prior to August 1, 1953.
6, This said supplemental agreement shall not become effective until ratified and approved by the
Common Council of the CITY.
IN WITNESS'WHEREOF the parties have hereunto set their hands and seals the day and year first above written.
CITY OF SOUTH BEND
BY I.A. Hurwich
R. S. Andrysiak
G. P. Ziegler
Board of Public vvorks and Safety
DEPENDABLE DISPOSAL COMPANY, INC.
BY Frank V. Woodward
President
Councilman Hahn made a motion for the approval of the Agreement. Councilman Niezgodski seconded the motion.
Motion carried by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Muszynski).
NEW BUSINESS`
Rev. B. L. White, Pastor of St. Joseph Baptist Church, 1610 Liston St., and Mrs. A. M. Schulman, appeared before
the Council and made an appeal for public housing aid for low income Negro families.
There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion
was seconded by Councilman Glass. Motion carried, and Council adjourned at-9:50 P.M.
ATTEST:
/ �& � - -, L ez:
CLER
APPROVED:
PRESIDENT