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REGULAR MEETING
MAY 23RD, 1955
The Common Council of the City of South Bend, Indiana, met in the Council Chamber on the 23rd day of May, 1955,
at the hour of 9:13 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 Bestle, Clem Niezgodski,
Walter Glass, William Hahn and Chester Muszynski.
Absent: None.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your Committee oia 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. )
STANLEY C. KORPAL ) Committee
Meeting of May 9th, 1955. WILLIAM A. HAHN )
Councilman Muszynski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion
carried.
COMMUNICATION
To the City Council
South Bend, Indiana
Gentlemen:
May 9, 1955
At a regular meeting of the Public Affairs Committee of the First Unitarian Church, May 5, 1955, a resolution was
passed supporting a Fair Employment Practices Committee for the city of South Bend. The Committee would like to
have its support of this proposed ordinance made known to the City Council.
We highly endorse such an ordinance and recommend that the City Council vote favorably on the measure. We believe
that this is one of the practical ways by which a broader measure of brotherhood can be realized in this city.
Sincerely yours,
(Signed) Edward Jamosky,
for the Public Affairs Committee
First Unitarian Church
Councilman Niezgodski made a motion that the communication be accepted and placed on file. Councilman Glass
seconded the motion. Motion carried.
.j 069
REGULAR MEETING
COMMUNICATION
Mrs. Evelyn Hennessey, Clerk
City of South Bend
City Hall
South Bend, Indiana
Dear Madam:
May 20, 1955
MAY 23RD, 1955
The enclosed resolution has been adopted by the Executive Board qnd the membership of Studebaker Local No. 5
UAW -CIO.
We respectfully urge favorable consideration in this most important matter.
NBM:bk
liu 1686 cio
Sincerely,
(Signed) Neil B. Moorlag
Financial Secretary
R E S O L U T I O N
WHEREAS: Discrimination is recognized nationally as a detriment to the public welfare, and the United States
Supreme Court has taken the initiative in its decision on non - segregation in our public schools; and
WHEREAS:' We, of South Bend, are grateful for the Brotherhood Award which has been awarded to our or its work
in furthering brotherhood, we are most desirous of making it a living document through the enactment
of a Fair Employment Practices Ordinance that is now on the agenda of the City Council of South Bend
for action.
THEREFORE BE IT
RESOLVED: That Studebaker- Packard Local No. 5 officially go on record as supporting the proposed Fair Employ-
ment Practices Ordinance for the City of South Bend, Indiana; and BE IT FURTHER
RESOLVED: That copies of this Resolution be sent to the Mayor of South Bend, to the Clerk and President of the
South Bend City Council. "
Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Korpal seconded
the motion. Motion carried.
COMMUNICATION
Common Council
C/o City Clerk
ri. City Hall May 21, 1955
South Bend, Indiana
Dear Sir:
It has been called to our attention that a motion detrimental to the community and in favor of small business
group is to be introduced at the City Council meeting scheduled for Monday, May 23, 1955.
4
We understand that the context of this motion will be to raze wartime housing units of South Bend. If this
motion is carried through a definite hardship will be imposed upon more than 500 families in South Bend. We
are using this letter as a means of informing you that we are opposed to this motion.
We feel that we are justified in asking for every human consideration in this matter.. We hope that democracy
is not lost in favor of a group with selfish interests.
We thank you for taking this matter under conscientious consideration.
Very truly yours,
Beacon Heights Mothers Club
(Signed) Helen K. Hirth
Councilman Niezgodski made a motion that the communication be accepted and placed on file. Councilman Glass
seconded the motion. Motion carried.
PETITION
To the Mayor and Council of the
City of South Bend:
May 19, 1955
The following undersigned residents and taxpayers of the city of South Bend hereby petition, for immediate
action, the rezoning of South Gertrude Street from its intersection with Prairie Avenue (State Route 23) to
the south city limits, and the establishment of the aforesaid limits of South Gertrude Street into a Boulevard
section.
The undersigned also request that city limit signs, speed limit signs, and all other incidental traffic control
signs and devices necessary to control the traffic flow into a safe and orderly system be provided. We also
request that proper and adequate street lighting be established for the above listed limits of South Gertrude
Street.
33 Signatures
Councilman Muszynski made a motion that the petition be referred to the Board of Public Works and Safety and
the City Attorney draw up an ordinance to make the street a boulevard and present it to the Council meeting on
June 13th. Councilman Korpal seconded the motion. Motion carried.
REGULAR MEETING
REPORT OF THE COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bend:
MAY 23RD, 1955
)70
Your Committee of the Whole`:to whom was referred "An Ordinance supplementing Ordinance No. 3709, approved July 12,
1949, commonly known as "Municipal Code of the City of South Bend, Indiana, 1949" and being Section Chapter ,
being an ordinance prohibiting discrimination in employment because of race, color, religion, national origin or
ancestry by employers, employment agencies, labor organizations and others, providing for the creation of the
South Bend Fair Employment Practice Commission, prescribing its duties and powers, and providing penalties ".
Respectfully report that they have Examined the matter and that in their opinion this ordinance be reported to the
Council , ;,unfavorable.
W. A. HAHN, Chairman
Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion
carried.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND FOR THE MONTH OF APRIL, 1955.
Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,983,974.38
Receipts during. month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,256,266025
Disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,402,944.47
Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,837,296.16
Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Bestle seconded the motion.
Motion carried.
ORDINANCE -
AN AMENDED ORDINANCE AMENDING ORDINANCE NO. 3702
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA.
CC -2" Planned Shopping Center District)
Councilman Korpal made a motion that the ordinance be amended as recommended by the Committee. Councilman Hahn
seconded the motion. Motion carried.
Councilman Niezgodski made a motion to accept the amendments. Councilman Glass seconded the motion. Motion
carried by a roll call vote of 8 ayes - 0 nays.
The amended ordinance was given second reading.
Councilman Korpal made a motion for the third reading of the ordinance as amended. Councilman Muszynski seconded
the motion. Motion carried.
The ordinance was-given third reading as amended and passed by a roll call vote of 6 ayes (Councilmen Korpal, Pinter,
Bestle, Niezgodski, Glass and Muszynski) - 2 pass (Councilmen Erler and Hahn).
(Seq'�-statement by President Erler copy of letter to Mr. Huff confirming report to City Clerk as of May 24th:
Mr. Robert L. Huff
Director of Planning
City Plan Commission
South Bend, Indiana
My dear Mr. Huff:
In as much as the proposed Ordinance establishing C -2- Zoning does not follow the rules of procedure for passing
an ordinance and in as much as the ordinance has never had the Second Reading in full as presented to the Council
originally, which of course id required before amendments, engrossments or passage, it is my opinion that this
ordinance has not been adopted by the Council.
To properly clear the procedure on this, it will be necessary to re- present it to the Council.
nr)T%TXT AXI fl V
Very truly yours,
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
By /s/. Walter B. Erler Sr.
President
AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 3709, APPROVED
JULY 12, 1949, COMMONLY KNOWN AS "MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA, 1949" AND BEING SECTION
CHAPTER , BEING AN ORDINANCE PROHIBITING DISCRIMINATION
IN EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL
ORIGIN OR ANCESTRY BY EMPLOYERS, EMPLOYMENT AGENCIES,
LABOR ORGANIZATIONS AND OTHERS, PROVIDING FOR THE CREATION
OF THE SOUTH BEND FAIR EMPLOYMENT PRACTICE COMMISSION,
PRESCRIBING ITS DUTIES AND POWERS, AND PROVIDING PENALTIES.
The ordinance was given third reading and lost by a roll call vote of 4 ayes (Councilmen Korpal, Pinter,
Niezgodski and Muszynski) - 4 nays (Councilmen Erler, Bestle, Glass and Hahn).
REGULAR MEETING MAY 23RD, 1955
ORDINANCE
AN ORDINANCE TRANSFERRING AND APPROPRIATING FROM STREET
DEPARTMENT S -724 MOTOR EQUIPMENT $16,000.00 TO S -43 STREET
AND ALLEY $10,000.00 AND TO S -13 EXTRA AND OVERTIME $6,000.00
AND FROM S -261 REPLACE RAILING L.W.E. $5500.00 TO S -43 STREET
AND ALLEY $3500.00 AND TO S -13 EXTRA AND OVERTIME $2000.00
AND FROM S -331 GASOLINE AND DIESEL FUEL $10,000.00 TO S -451
PARTS OF EQUIPMENT $10,000.00; ALL OF THE BUDGET FOR THE
CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 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 June 13th. Councilman Hahn
seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE APPROPRIATING FROM STREET AND TRAFFIC
FUND $65,000.00 TO STREET DEPARTMENT S -269 OTHER
CONTRACTUAL SERVICES $60,000.00 AND TO S -13 EXTRA
AND OVERTIME $5,000.00; ALL OF THE BUDGET FOR THE
CIVIL CITY OF SOUTH BEND, INDIANA FOR 1955 AND
DECLARING AND EXTRAORDINARY EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that
the'ordinance be referred to the Committee of the Whole for public hearing on June 13th. Councilman Korpal
seconded• the motion. Motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE INSPECTOR OF THE
DEPARTMENT OF SUB - STANDARD BUILDINGS AND DWELLINGS
OF THE CITY OF SOUTH BEND TO REMOVE OR DEMOLISH A
CERTAIN DWELLING KNOWN AS N0. 606 WESTERN AVENUE
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 June 13th. Councilman Hahn
seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 30 OF ORDINANCE NO.
3709 MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA PROHIBITING THE USE OF STREET CENTERS AS
PLAYGROUNDS.
Councilman Hahn made a motion that the ordinance be tabled. Councilman Korpal seconded the motion. Motion
carried.
RESOLUTION
WHEREAS, the Common Council of the City of South Bend, Indiana, has been advised that the temporary need for
defense housing for laborers engaged in defense work has expired; and,
WHEREAS, 'the houses being managed by the South Bend Authority do not conform to the Building Code of the City
of South Bend; and,
WHEREAS, the houses being managed by the South "Bend Authority do not comply with the Zoning Ordinances of the
City of South Bend; and,
WHEREAS, the houses so occupied and managed have been removed from the tax roll of the City of South Bend, to
the/detriment of the City of South Bend; and,
WHEREAS, this Council has been further advised that the Federal Government, either through the South Bend Housing '.
Authority or some other agency, is in the process of selling and /or disposing of said so- called defense
housing.
NOW, THEREFORE, Be It Resolved By the Common Council of The City of South Bend:
(1) That the Federal Government be advised to dispose of the so- called defense houses at the earliest`
possible date in order that the real estate on which said houses are located be re- established on the tax rolls.
(2) That said houses and buildings which are:sold shall be demolished or removed from their present
location within six (6) months after the date of such sale, or in the event such buildings or houses are sold
with the real estate upon which same are situated, said buildings shall not be occupied by the owner or re- rented
for occupancy until the said structure has been caused to conform to the building code of the City of South Bend,
which conformance shall be accomplished no later than within six (6) months from the date of the sale of said
structure.
(3) That this Council reaffirms its belief that the land occupied by said Housing Authority retain
their present zoning classifications.
Presented to the Common Council of the City of South Bend, Indiana, May 9th, 1955. (Referred to May 23rd meeting).
(Signed) Walter G. Glass
ti Walter C. Erler Sr.
it William A. Hahn
it Cloyd Bestle
Members of the Common Council
Proponents and opponents of the Southmoor Housing Project spoke on behalf of the resolution.
Councilman Hahn made a motion that the resolution be tabled. Councilman Korpal seconded the motion. Motion
carried.
REGULAR MEETING
u vy�
7_ 6 2r
MAY 23RD, 1955'
There being no further business before the Council, Councilman Glass made a motion to adjourn, which motion was
seconded by Councilman Hahn. Motion carried, and Council adjourned at 11 :07 P.M.
ATTEST:
CLERK
APPROVED:
PRESIDENT