South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-12-06
COUNCILMEN DELAY
$4,000 ORDINANCE
Measure Providing for Pay.
ment of Works Board Debt
Is Halted.

A proposed ordinance. looking to
the appropriation of over $40. coo
for the payment of paving costs for
street and alley intersections in the
Studebaker place addition was laid
over for two weeks by the common
council IN committee meeting Mon
day night. The greater part OF the
one hour session was devoted 70 a
discussion OF the proposed ordin-
anCe
Atty. E W. Strickland pleaded the
cause OF the Citizens Home Co. a
subsidiary or the Studebaker cU.-
poration. which laid out the plat.
put in the pavement and built the
homes OF the addition in question.
Comptroller John ". Swygart hao
previously indicated that the law
prohibited him making the disburse-
ment in the nature OF a refund TO
the building corporation.
Elliott Talks.
The proposed ordinance looking
10 the payment by the city of SIG
39S.6S, said 20 cover the cost of street
intersections and alleys in tae new
sion of Monday night President Gil
bert Elliott OF the board OF public
works agreed that the city was NOR
ally bound to pay the amount al
+ though that its legality was in ques.
+ ton
This phase of the question rested,
/ il pUrported. upon the housing cor
poration pre-empting the function
/ of the public works board by enter
/ ing into contracts for the pavement
without the work being taken up by
\ the board in the regular way, and
/ further, which was shown by City
Atty. Thomas W Slick. who second
/ ed the boards members remarks in
general. but one company submitted
bids for the total paving OF the addi-
( ton, which was contrary 20 law.
I Delay Action.
/ On motion OF Councilman Angus,
/ Bailey. the ordinance went over 10
| the next meeting OF the committee
/ of the whole and Comptroller Swy-
/ CART was orderede to appear before
/ the committee to state his reasons
/ for not taking the initiative IN max
ing the refund, and 10 take up a
general discussion Of the legal phase
/ of the whole question as shown by
! the comptroller.
The committee reported favorably
on four of the five proposed ordin-
ances which were before the meet
/ ing for 0ction by that body. Two
/ OF these were for the purpose of ap-
! propriating certain sums 10 the fund
+ Of the board OF park commissioners
4 for paving and sewer assessments on
/ completed work Of which city parks
/ lie adjacent. These two including a
\ proposed appropriation of S733.bf
! for assessment on the Fellows 81.
/ and Ewing av. trunk sewer and OF
/ $697.56. said amount represented 10
/ be the interest owing by the parl,
/ board on street assessment for the
paving Of Ewing av. from Michigan
/ TO Miami SITS, which the board had
\ elected TO pay for on the ten-year
plan.
Take Favorable Action.
A fourth measure which was act
/ ed upon favorably looked TO the
\ amendment OF section Of the
| code regarding freproof residence
I garages Where previously the law
/ called for a five-foot easement be
\ tween a garage and the owners
! property line. the law was changed
as 10 eliminate this feature provided
/ the garage. of lncombustible mate
rial. was at least 10 feet away from
/ a building owned by another
A proposed ordinance appropriate
/ ing $1,000 TO the miscellaneous fund
of the board OF public safety was
\ reported upon favorably, following
/ Secretary Josephson's statement that
the fund had been depleted and bills
to the amount OF more than $500
/ had yet 10 he met.