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MINUTES. <br />REGULAR '-:MEETING. <br />J�C) 3 <br />Be it Remembered that the Common Council of the City of South Bend, Indiana,tmAt in <br />the Regular Session in the Council Chambers a in the City Hall, Monday evening, October 10th, <br />1932 at the hour of 7 :50 m& o'clock P. M. All Members present. President Nelson presided. The <br />Minutes of the previous meeting were read and on Motion of Councilman Hull were =accepted as <br />read. Motion carried. { <br />PETITION. <br />State of Indiana BEFORE THE CITY COUNCIL OF THE CITY.OF <br />St. Joseph County SS: SOUTH BEND <br />City of South Bend <br />IN THE MATTER"OFOMUNICIPAL PETITION OF TAX PAYERS TO DISCONTINUE FREE PARKING <br />PARKING LOTS <br />We, the undersigned, citizens, residents and taxpayers of the city of South Bend, St:' <br />Joseph County, Indiana, respectfully petition your honorable body that in the operation of the <br />municipal parking lot in the city of South Bend, Indiana, there is being paid and disbursed, <br />without warrant of law, out of the-city treasury, and out of your petitionerst money, collected <br />from your petitioners as such taxpayers, large sums to defray the cost and expense, leasehold <br />and operating charges of the munidipal parking lot at-LaSalle Street bridge,,without any return <br />to the city to defray the same.` <br />Your petitioners respectfully represent that so long as the income from said parking lot <br />equalled or exceeded the rental charges and operating expenses, your petitioners would not have <br />valid ground for complaint against the city of South Bend maintaining said parking lot, but that <br />since no fees whatsoever are charged for the use of said lot, and the city is actually disburs- <br />ing from its treasury salaries, upkeep and rentals that ate not returned to taxpayers, the said <br />city and the officers responsible therefor are in effect using money of the taxpayer's to deprive <br />other taxpayers ( parking lot owners and lessees) of income upon their pmroperty by reason of <br />the fact that the city of South Bend is rendering free service and using the money of the very <br />taxpayers against whom said city has entered into competition to pay for parking privileges of <br />others who would normally use the services of such parking lot owners and lessees. <br />Your petitioners would respectfully represent that in thei§ opinion and on opinion of <br />counsel the city of South Bend, is without authority whatsoever to enter into any parking lot <br />contrac§ or lease because_ as declared by the Appellate court of , Indiana, and the Supreme <br />06urt of Indiana; <br />" A Municipal comporation in Indiana possesses only such powers as are expressly <br />granted to it by the Legislature and those powers which are necessarily or,fairly <br />implied or incidental to the powers expressly granted, and those power that <br />are essential to the declared objects and purposes_of the municipality; and <br />all persons dealing with municipal corporations are charged with notice of such <br />limited powers with knowledge that no right can be acquired by them based u�on <br />any act of the municipal authority where there is a want of power to so act <br />City of South Bend vs dhicaga. South Bend & Northern Indiana Ry. Co. 179 Ind.' 455, <br />Scott et al vs City of LaPorte et a1.�162 Ind. 34., <br />Battles vs City of Garrett, 99 Ind.' App. 3493, <br />City of Indianapolis, vs Link Realty Co. 179 N.E: 5740 <br />