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HomeMy WebLinkAbout04-25-55 Council Meeting MinutesREGULAR MEETING APRIL.25TH 1955 The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 25th day of April, 1955, at the hour of 8 :35 P.M. (E.S.T.), in regular session in accordance with the rules of the Council. The meeting-was called to order by President, Walter C. Erler Sr., who presided. ` -Present: Councilmen-Walter-C, Erler,Stanley Korpal, - Michael Pinter,- Cloyd- Bes,tle,. Clem Niezgodski, Walter Glass, Wil -liam- Hahn and Chester, Muszynski.. . Absent: None. . . . . . . . . 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. WALTER C. ERLER SR. ) Meeting of April 11th, 1955. STANLEY C. KORPAL ) WILLIAM A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REGULAR MEETING PETITION APRIL 25TH, 1955 Petition of The First Bank and Trust Company of South Bend, as Trustee, by its attorneys, Voor, Jackson, Grant & McMichael, to rezone certain parcel of land located in the revised Plat of Broadmoor, Third Section, from "C" Commercial Use District and "D" Height and Area District to "B" Residence Use District and "B" Height and Area District, Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski 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 and appropriating from Engineering Department L -331 Gasoline $112.00 to L -333 Tires and Tubes $17.40 and to L -334 Other Garage and Motor Supplies $94.60; from Office of City Attorney G -725 Office Equipment $100.00 and from Office of City Treasurer D -725 Office (Calculator) $175.00 to City Attorney G -261 Abstracting $275.00; from Electrical Inspection Department ME-11 Salary of Heating Inspector $1370.48 to Building Department MB -12 Salary of Stenographer $1270.48 and to Electrical Inspection Department ME-12 Temporary Help $100.00; from Building Department MB -242 Printing and Office $320.00 to Building Department MB -725 Office Equipment $320.00; from Building Department MB -362 Stationery $100.00 to Building Department MB -363 Office Supplies $100.00; from Fire Department Q -724 Motor Equipment $2,000.00 to Fire Department Q -451 Parts of Equipment $2,000.00; all of the budget of the Civil City of South Bend, Indiana for 1955 and declaring an emergency ". Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. W. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle 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 appropriating from the General Fund $600.00 to Board of Health W -132 Plumbing Examinations $600.00; all of the budget for the Civil City of South Bend, Indiana and declaring an extraordinary emergency ". a, Rexpectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. W. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REPORT OFr TIDE 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 amending Ordinance No. 2243 commonly known as "The Building Code of South Bend, Indiana ". Respectfully` report that they have examined the matter and that in their opinion this ordinance be reported to: the: Council..as. favorable. :... . ... . . . . . ....... . . W. A. HAHN, Chairman Councilman Bestle made a motion that the report be accepted. Councilman Hahn seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY.OF SOUTH BEND, INDIANA, FOR THE MONTH OF MARCH, 1955. Balance on hand first of month . . . . . . . . . '. . $ 2,392,554.16 Receipts during month . . . . . . . . . . . 6 . . . 1,730,302.33 Disbursements . . . . . . . . . . . . . 1,138,882.11 Balance . . . . . . . . . . . . . . . . . . , , . . $ 2,983,974.38 Councilman Niezgodski made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY ATTORNEY ON PROPOSED F.E.P.C. ORDINANCE Members of the Common Council South Bend, Indiana - Re: Proposed Fair Employment Practice Ordinance Dear Sirs: I have examined the proposed ordinance and am of the opinion that there is no statutory authority for a municipality in Indana to enact an ordinance of this kind. A municipal corporation in this State, which, of course, includes its executive, legislative and administrative departments, possesses only such powers as are expressly granted to it by the Legislature and those powers which are necessarily or fairly implied or incidental to the powers expressly granted. A city, like other municipal corporations, serves but as an agency or instrumentality in the hands of the Legislative to carry out its will in regard to local governmental functions and internal concerns. It has been held by our Supreme Court as recently as 1952 that doubtful claims to power as well as uncertainty or ambiguity in terms used by the Legislature will be resolved against a municipal corporation. (Continued) REGULAR MEETING APRIL 25TH, 1955 REPORT OF CITY ATTORNEY ON PROPOSED F.E.P.C. ORDINANCE (Continued) In the case of City of South Bend vs. Chicago, South Bend and Northern Indiana Railway Company reported in 179 Ind. 455 the Supreme Court of Indiana reaffirmed previous decisions of the Supreme Court to the'-effect that municipal corporations can exercise only (1) powers granted in express words, (2) those necessarily or fairly implied, or incidental to the powers expressly granted; and, (3) those essential to the declared objects and purposes of the corporation. It further held that no incidental powers are implied except those essential to the continued existence of the municipality and to the accomplishment of the purposes of its creation, and doubtful claims of authority are resolved against the corporation. Also, "where a statute enumerates specific powers of a city, with reference to a certain subject, a power not enumerated is presumably withheld.? An examination of the Acts of 1945, Chapter 325, as amended by the Acts of 1953, Chapter 217, being the State F.E.P.C. LM4, and the Acts of 1905, Chapter 129 entitled "General Powers of Council" fail to reveal any express or implied authority whatsoever for the enactment of such an ordinance. Both Mr. DuComb and I have carefully examined quite a number of decisions of the Indiana Supreme Court and have reviewed Opinions of the Attorney General of Indiana and we are unable to find statutory authority for the enactment of the ordinance in question. Since a municipal corporation has no implied powers except those directly and immediately appropriate to the exercise of an express power and since we are unable to find express authority, it is our opinion that the enactment of this ordinance kould;:be illegal. Respectfully submitted, I. A. HURWICH IAH /pm City Attorney Councilman-Korpal made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motidn., Motion carried. Mr. J. Chester Allen, Attorney, submitted a brief to the Council. The following spoke in favor of the legality of the proposed F.E.PC.Ordinance: Messrs, J. Chester Alley, William Morris, Stanley Ladd, Jesse Dickinson, Otto Pozgay, Rev. Erwin Gaede�, Charles,Dempsey, Charles Wills and Howard Warner. Councilman Korpal,made a motion that the brief submitted by Mr. Allen be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. Councilman Niezgodski made a motion that the ordinance be presented to the Council for introduction on May 9th. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South Bend April 12, 1955 South Bend, Indiana Gentlemen: The attached ordinance amending Ordinance No. 3702 and creating a new and additional section to the Zoning ,Ordinance, to be known as the "Planned Shopping Center District" was regularly advertised under date of :'March 8, 1955. It was given public hearing on March 17, 1955. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director Councilman Korpal: made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA." The ordinance was given first reading by title only. Councilman Korpal made a motion that the ordinance be referred to the Ordinance Committee, namely, Councilmen Hahn, Erler and Korpal, for further study. Councilman Bestle seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION Honorable Common Council City of South,Bend South Bend, Indiana Gentlemen: April 22, 1955 The attached ordinance amending Sections 3, 3A and 4 of Ordinance No. 3702, was legally advertised under date of April 11, 1955, and given public hearing under date of April 21, 1955. After due consideration the Commission found that the benefits accruing to the community far outweighed the inconvenience caused the drivers of such trucks, and that the parking of such facilities was completely incompatible in a residential district. It was, therefore, moved, seconded, and carried that the ordinance be recommended favorably to the Common Council. RLH:aed Attachment Very truly yours, CITY PLANNING COMMISSION Robert L. Huff Director - Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. r. REGULAR'"'MEETING APRIL 25TH, 1955 ORDINANCE N0, 4041 AN ORDINANCE AMENDING SECTIONS 3, 3A AND 4 OF ORDINANCE NO. 3702, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Korpal made a motion that the two previous ordinances be stricken from the file. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4042 AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM ENGINEERING DEPARTMENT L -331 GASOLINE $112.00 TO L -333 TIRES AND TUBES $17.40 AND TO L -334 OTHER GARAGE AND MOTOR SUPPLIES $94.60; FROM OFFICE OF CITY ATTORNEY G- 725-OFFICE EQUIPMENT $100.00 AND FROM OFFICE OF CITY TREASURER D -725 OFFICE (CALCULATOR) $175.00 TO CITY ATTORNEY G -261 ABSTRACTING $275.00; FROM ELECTRICAL INSPECTION DEPARTMENT ME-11 SALARY OF HEATING INSPECTOR $1370.48 TO BUILDING DEPARTMENT MB -12 SALARY OF STENOGRAPHER $1270.48 AND TO ELECTRICAL INSPECTION DEPARTMENT ME-12 TEMPORARY HELP $100.00; FROM BUILDING DEPARTMENT MB -242 PRINTING AND OFFICE $320.00 TO BUILDING DEPARTMENT MB -725 OFFICE EQUIPMENT $320.00; FROM BUILDING DEPARTMENT MB -362 STATIONERY $100.00 TO BUILDING DEPARTMENT MB -363 OFFICE SUPPLIES $100.00; FROM FIRE DEPARTMENT Q -724 MOTOR EQUIPMENT $2,000.00 TO FIRE DEPARTMENT Q -451 PARTS OF EQUIPMENT $2,000.00; ALL OF THE BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 AND DECLARING AN EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4043 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $600.00 TO BOARD OF HEALTH W -132 PLUMBING EXAMINATIONS $600.00; ALL OF THE BUDGET FOR THE CIVIL CITY OF.SOUTH BEND, INDIANA AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE N0. 4044 AN ORDINANCE AMENDING ORDINANCE 140. 2243 COMMONLY KNOWN AS "THE BUILDING CODE OF SOUTH BEND, INDIANA ". The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 4045 AN ORDINANCE APPROVING CONTRACTS BETWEEN THE CITY OF SOUTH BEND, INDIANA, BY AND THROUGH THE BOARD OF PUBLIC WORKS AND SAFETY, AND CHARLES W. COKE & SON, WILLIAM S. MOTRE AND CLYDE E. WILLIAMS & ASSOCIATES FOR ENGINEERING SERVICES, AND WITH RUSSELL OBERLIN FOR REALTOR SERVICES IN CONNECTION WITH STREET IMPROVEMENT PROGRAM. The ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $7,936.53 TO POLICE DEPARTMENT P -11 SERVICES PERSONAL- SALARY OF PATROLMEN $7,936.53; ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the Committee of the Whole for public hearing on May 9th. Councilman Hahn seconded the motion. Motion carried. ANNUAL REPORT OF THE BOARD OF HEALTH There being no objections, the annual report of the Board of Health was accepted and placed on file. UNFINISHED BUSINESS Councilman Hahn announced that the committee on "Curfew" would meet next week. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Glass. Motion carried, and Council adjourned at 10 :24 P.M. EST: APPROVED: CLERK PRESIDENT