JOURNAL

OF THE

Common

Council

OF THE
CITY OF INDIANAPOLIS, INDIANA

From
January

1,

1964

to

December

31, 1964

Printed and Published Under the Authority of the

Common

Council of the City of Indianapolis, Indiana

CITY OFFICIALS
AND

EXECUTIVE PERSONNEL
As

of

December

31,

1964

JOHN J. BARTON
ANGELINE "PAT" ALLSTATT
M. MAY SEAY

Mayor
City Clerk

Deputy City Clerk

COMMON COUNCIL
OFFICERS

JOSEPH C. WALLACE
DANIEL P. MORIARTY
ANGELINE "PAT" ALLSTATT
M. MAY SEAY

President
Vice-President
Clerk
Deputy Clerk

COUNCILMEN

MAX

BRYDENTHAL
C. HASBROOK
JOSEPH C. WALLACE
RUFUS KUYKENDALL
REVEREND JAMES L. CUMMINGS
HAROLD EGENES
DANIEL P. MORIARTY
R. THOMAS McGILL
ALBERT 0. DELUSE

First District

E.

THOMAS

First District

Second District
Second District
Third District
Third District
Fourth District
Fifth District
Sixth District

OFFICE OF MAYOR

JOHN J. BARTON
MARIAN BARTON

Mayor
Secretary to the

Mayor

SERVICE & INFORMATION

WILLIAM ANDERSON

Director

PERSONNEL

ALEX

Consultant
3

J.

KERTIS

CIVIL

DEFENSE
CHARLES BRODERICK

Director

DEPARTMENT OF FINANCE
CARL C. BECK
L. ROBINSON
OPAL KREMER
FLORENCE M. KELLEY
VIRGINIA BRATTAIN

City Controller

DON

Deputy City Controller

Finance Officer
Supervisor Barrett Law
Supervisor Accounting- Machines

PARKING METER
Administrator

(TONY) FLOREANCIG

A. T.

PURCHASING

FRANK

Purchasing- Agent
Assistant Purchasing Agent

H.

SCHEIB

FLETCHER HANCOCK

DEPARTMENT OF LAW
LEGAL DEPARTMENT
Corporation Counsel
City Attorney
1st Assistant City Attorney
2nd Assistant City Attorney
3rd Assistant City Attorney
Office

Manager

JAMES W. BEATTY
JOHN J. DILLON
STANLEY TALESNICK
EDWARD J. ERPELDING
JOHN C. KORBLY
BESS SHARKEY

CITY PROSECUTORS
Chief Deputy
Assistant Chief Deputy

Deputy
Deputy

JOHN F. McCANN, JR.

DONALD L. FASIG
TAYLOR L. BAKER, JR.
LOUIS A. WHITESELL

BOARD OF PUBLIC WORKS

ADMINISTRATION
Executive Secretary
Finance Officer

ROSCOE BREDELL
ELLEN "PAT" DEVLIN

ASSESSMENT

MAYBELLE OLIVER

Supervisor

CIVIL

ENGINEERING DEPARTMENT

THOMAS C. CONLEY
JOHN A. MASCARI

City Civil Engineer

Assistant to Engineer

MUNICIPAL GARAGE

GLEN ROSE
MOORE

Superintendent
Assistant Superintendent

CECIL

STREET COMMISSIONER DEPARTMENT

Street Commissioner
RICHARD L. STERN, JR.
Assistant Street Commissioner
JOHN MINARDO

BOARD OF PUBLIC SAFETY

ADMINISTRATION
Executive Secretary
Safety Director

RUSSELL SWISHER

J.

FRANK MEECH
AIR POLLUTION

RAYMOND

Director

Building

COMMISSIONER OF BUILDINGS
Commissioner
GEORGE

E.

WETZEL

C.

WRIGHT

FIRE DEPARTMENT

ARNOLD

Chief
Assistant Chief
Assistant Chief
Secretary
Assistant Secretary
Director of Fire Prevention

W. PHILLIPS

RICHARD VANSANT
WARD L. STORM
JOSEPH B. LAWRIE
CARRIE NIHISER
CHARLES P. HILL

POLICE DEPARTMENT

NOEL A. JONES
DANIEL T. VEZA
ROBERT E. REILLY

Chief

Deputy Chief Operations

Deputy Chief Investigation
5

TRAFFIC ENGINEERING
Traffic

ARTHUR

Engineer

Assistant

Traffic

G.

WAKE

WILLIAM FEHRIBACH

Engineer

WEIGHTS & MEASURES

W. ROSS

Director

COPELAND

MEMBERS OF OFFICIAL BOARDS

BOARD OF PUBLIC WORKS

HUGH G. BAKER
GRANT W. HAWKINS
JOHN A. SCHUMACHER
WAYNE W. WARRICK

President
Vice-President

Member
Member

President

Member
Member

BOARD OF PUBLIC SAFETY

ARTHUR SULLIVAN
MERCER M. MANCE
S.

D.

MURPHY

BOARD OF AVIATION COMMISSIONERS

WEIR COOK AIRPORT
Executive Director
EDWIN G. PETRO
President
FRED W. SOMMER
Vice-President
PAUL B. HUDSON
LOUIS SCHWITZER

Secretary

G. SCHAEFER
CHALMER SCHLOSSER
C. W. BEAMAN

MICHAEL

Member
Legal Counsel
Assistant Director
Comptroller
Operations Manager

JOHN GIBBS
HUSTON POWERS

BOARD OF PARK COMMISSIONERS

ROBERT C. GOODRICH
CHARLES T. WATKINS
JOHN L. LONGARDNER
EARL H. SCHMIDT
OMER J. SMITH
NICHOLAS SCOLLARD
JOHN J. KORBLY

Director of Public Parks

President
Vice-President

Member
Member
Member
Legal Counsel

BOARD OF SANITARY COMMISSIONERS

President
Vice-President
Secretary
Executive Secretary

DR.

Engineer
Legal Counsel
Assistant Legal Counsel

WILLIAM WARREN
RALPH E. HANLEY
RALPH F. MOORE
FRANK A. MUELLER
NAY BENTLEY
FRANCIS THOMASON
JOHN TRANBERG

BOARD OF ZONING APPEALS

CHARLES L. FLEETWOOD
Chairman
CHARLES S. BOEHM
Vice-Chairman
Member
J. EARL OWENS
Member
JOHN F. SULLIVAN
Member
AUGUSTUS W. HAMILTON
NOBLE P. HOLLISTER
Executive Secretary
BOARD OF FLOOD CONTROL

THOMAS C. CONLEY
HAZEL B. MILLER
HARRY J. FEENEY
JAMES D. BLYTHE

President
Vice-President
Secretary

Member
Member

JAMES H. BOOKEDIS
JAMES H. FOSTER

Engineer
Office

MYRON NORTHERN

Manager

MICHAEL REDDINGTON

Legal Counsel

REDEVELOPMENT COMMISSION
Trustees
President
Vice-President
Secretary

J.

Member
Member

W. HENRY ROBERTS
RALPH FENSTERMAKER
EARL H. SCHMIDT
JAMES ROBB
JOHN J. DUGAN

Commissioners

RICHARD H. OBERREICH
JOHN R. WELCH
J. ALBERT SMITH
CHARLES E. WAGNER

President
Vice-President
Secretary

Member
7

ARNOLD DAVIS
JOHN W. COFFMAN

Member
Executive Secretary

HUMAN RIGHTS COMMISSION

Executive Secretary

J.

Chairman

Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member

GRIFFIN CRUMP

MAX KLEZMER
LEHMAN ADAMS
RAYMOND T. BOSLER
DR.

REV.

WILLIAM BOOK
MERRILL K. COHEN
MRS. DAVID COOK
RABBI MAURICE DAVIS

CLAUDE DOWNEY
LAURENCE HOSIE
LAUNCELOT JONES
LOUIS KIRKHOFF
MERCER MANCE
MRS. PAULINE MORTON-FINNEY
REVEREND V. MILLER NEWTON
PAUL S. PARTLOW
MRS. OSMA SPURLOCK
F. JOSEPH VIEHMANN
REV. CHARLES T. WATKINS
WAYNE FOLCK
MRS. VICTORIA PORTER
DR.

POLICE

AND FIRE MERIT COMMISSION

R. ROBERTS
CLAUDE M. OTTEN
HAROLD HANSEN
CHIEF ARNOLD W. PHILLIPS
CHIEF NOEL A. JONES

Member
Member
Member
Member
Member

DR.
DR.

DAVID

OFF-STREET PARKING COMMISSION

WALTER DEAN
DONALD JAMESON

DR.

President
Vice-President

Executive Secretary

E.

ANDREW STEFFEN
JAMES P. SCOTT
ROY F. CHILES

Treasurer

Member
8

COMMON COUNCIL
STANDING COMMITTEES OF
1.

FINANCE COMMITTEE Daniel

E. Brydenthal, Reverend

Thomas
2.

P.

Moriarty,

1964

Chairman;

James Cummings, Albert

Max

0. Deluse, R.

McGill.

PUBLIC WORKS COMMITTEE R. Thomas McGill, Chairman;

Max E. Brydenthal, Reverend James Cummings, Thomas C. Hasbrook, Rufus C. Kuykendall.

3.

PUBLIC SAFETY & AVIATION COMMITTEE Albert

Chairman; R. Thomas McGill, Daniel
Egenes, Rufus C. Kuykendall.

luse,
J.
4.

P.

PUBLIC HEALTH COMMITTEE Reverend James

L.

Chairman; Albert 0. Deluse, R. Thomas McGill, Harold

Thomas C. Hasbrook.
5.

PUBLIC PARKS COMMITTEE Max

6.

LAW

& JUDICIARY COMMITTEE Rufus

Harold

CITY

Max

Cummings,
J.

Egenes,

J.

C. Kuykendall, Chair-

E. Brydenthal, Albert 0. Deluse, Daniel P. Moriarty,

Egenes.

WELFARE COMMITTEE Thomas

E. Brydenthal, Reverend

Harold
8.

De-

E. Brydenthal, Chairman;
Reverend James Cummings, Daniel P. Moriarty, Thomas C. Hasbrook, Rufus C. Kuykendall.

man; Max
7.

0.

Moriarty, Harold

J.

C.

Hasbrook, Chairman;

James Cummings, Albert

0. Deluse,

Egenes.

ELECTIONS COMMITTEEHarold

J. Egenes, Chairman; Reverend James Cummings, Albert O. Deluse, R. Thomas McGill, Rufus
C. Kuykendall.

CALENDAR OF SESSIONS OF THE

COMMON COUNCIL
1964
Page
1.

2.
3.

4.
5.

January 1, 1964, 1:00 P.M.

January 6, 1964, 7:30 P.M.
January 20, 1964, 7:30 P.M.
February 3, 1964, 7:30 P.M.
February 17, 1964, 7:30 P.M.

7.

March
March

8.

April

6.

2,

1964, 7:30 P.M.

16, 1964, 7:30

6,

1964, 7:30

P.M.
P.M.

INITIAL

REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR

25
49
73
105
141
169

9.

10.
11.

12.
L3.

14.
15.
16.

17.
18.
L9.

20.
21.
22.

23.

24.
25.
26.

27.

April 20.

May
May
June
June

L964, 7:30

P.M.

1964, 7:30 P.M.

4,

18,

19G4,

7:30 P.M.

1904, 7:30 P.M.

1,

15, 1964, 7:30 P.M.

July 6, 1964, 7:30 P.M.
July 20, 1964, 7:30 P.M.
August 3, 1964, 7:30 P.M.
August 17, 1964, 7:30 P.M.
August 31, 1964, 7:30 P.M.
September 7, 1964, 7:30 P.M.
September 9, 1964, 7:30 P.M.
September 21, 1964, 7:30 P.M.
October 5, 1964, 7:30 P.M.
October 19, 1964, 7:30 P.M.
November 2, 1964, 7:30 P.M.
November 16, 1964, 7:30 P.M.
December 7, 1964, 7:30 P.M.
December 21, 1964, 7:30 P.M.

REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR

206
229
269
293
321
373
417
457
529
541
601
601
629
661
693
709
745
773
809

SPECIAL

REGULAR
SPECIAL

REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR
REGULAR

History of the Common Council

of the City of Indianapolis
Indianapolis was established as a town in 1821. It was at this
time that a commission, appointed by the legislature, selected this
location as a site for a seat of government of the State of Indiana.

The town of Indianapolis conducted its affairs pursuant to the

general laws of the state until 1832. In this year the town was incorporated and was governed by a board of five trustees.
In 1838, pursuant to a special act of the legislature, Indianapolis

was re-incorporated and placed in the hands of

composed of a president and six members.

its first

town council

The common council continued in a large measure to control the

town and as a city under various so-called

affairs of Indianapolis as a

charters or grants of the legislature until 1891.

Under

special act of the legislature of 1891 for the city of

Indianapolis, a

somewhat

different

10

form of government was estab-

While the council continued

to exercise broad control over

various executive departments of the city were
provided, such as Public Works, Public Safety, Public Parks and Public Health, conducted by boards appointed by the Mayor. These boards
were granted specific powers and duties concerning the city's business
previously exercised by the council through committees subject,
however, in some cases to approval of the council in all matters of
expenditure of money and appropriation of funds by the council.
lished.

the

city's

affairs,

For some time prior to 1891 the City of Indianapolis was divided
wards represented by 25 ward councilmen. Their term of office
was two years and they were eligible for re-election. At this time
there was also a separate body operating in conjunction with the
council called the Board of Aldermen, composed of ten Aldermen,
representing five Aldermanic districts, two being elected from each
into 25

district.

Under the 1891 act the Board of Aldermen was abolished and
% common council of 21 members was established. Fifteen members
were elected to represent 15 wards and six members were elected to
represent the city at large.

This form of council continued to exist in Indianapolis under the

general cities and towns act of 1905. The act of 1905, while often
referred to as the Indianapolis Charter, is very largely a re-enactment
of the 1891 Indianapolis charter, modified to make the Indianapolis
system applicable to all classes of cities of the state. The 1905 law
increased the term of Mayor and councilman to four years and prohibited re-election.

In 1909 a novel councilmanic law for Indianapolis alone was passed

by the legislature. This law limits the number of councilmen to nine.
The law provides for the nomination by each party of six candidates,
one from each of six councilmanic districts. In the election all of the
voters of the city may vote for any nine candidates and the nine
receiving the highest number of votes are elected. This law insures a
minority representation in the Council of at least three members. In
1949 the legislature amended the statutes to permit councilmen to

succeed themselves.

11

EXECUTIVE HEADS OF CITY OF INDIANAPOLIS

UNDER VARIOUS FORMS OF ORGANIZATION
Presidents of Boards of Trustees

Henderson, Samuel

October

Blythe, Benjamin

February

1834, to

7,

February 14

Palmer, Nathan B

October

Lockerbie, George
Soule, Joshua

1837

1837, to April

2,

1838

Town

3,

Council

1839 to 1840

1840 to 1841

November

12,

1841

1841)

1841 to 1844; 1850 to 1853

Wilson, Lazarus

Levy, Joseph

1844 to 1845

Rooker, Samuel

Cady, Charles

1835
1835

1838 to 1839

Sullivan, William (Resigned

Culley, David

2,

1833

4,

Coburn, Henry

14,

October

1833

1835, to April 13, 1836

Morrison, James

Palmer, Nathan

to

9,

April 13, 1836, to April

April

Presidents of

2,

30,

December

Sept. 30 to

March

Morrison, Alexander

September

12, 1832, to

Edgar, James (Resigned as Trustee)

1845 to 1847

(Resigned November

S.

1,

1847

1847)

1847 to 1848

Mayors
Henderson, Samuel

Newcomb, Horatio

1847 to 1849
C.

(Resigned November

7,

1851)

1851 to 1854

Scudder, Caleb

McCready, James

1854 to 1856

West, Henry F. (Died November

Coulon, Charles (To

fill

8,

1856

1856)

vacancy until November

Wallace, William John (Resigned

Maxwell, Samuel

1849 to 1851

May

3,

1858)

22, 1856)

1856

1856 to 1858
1858 to 1863

Caven, John

1863 to 1867; to 1881

12

1867 to 1873

Daniel

Macauley,

James L

1873 to 1875

1881 to 1884

McMaster, John L

1884 to 1886

Denny, Caleb S

1886 to 1890

Mitchell,

Grubbs, Daniel

Sullivan,

Thomas L

From January

1890 to Oct. 12, 1893

From October

Denny, Caleb S

12,

1893 to 1895

10,

1895 to 1901

From October

10,

1901 to 1903

From October

15,

1903 to 1905

From October

Taggart, Thomas

Bookwalter, Charles

Holtzman, John

1,

W
A

Bookwalter, Charles

1905 to 1909

Shank, Samuel Lewis (Resigned November 28, 1913)

Wallace, Harry
Bell,

Joseph

1910 to 1913

1913

1914 to 1917

Jewett, Charles

1918 to 1921

Shank, Samuel Lewis

1922 to 1925

Duvall, John L. (Disqualified September 22, 1927)

1926 to 1927

Slack, L. Ert

1927 to 1929

Sullivan, Reginald

Kern, John

W. (Resigned September

Boetcher, Walter
Sullivan,

1930 to 1934
2,

1935 to 1937

1937)

Reginald

1937 to 1938

1939 to 1942

Tyndall, Robert H. (Died July

9,

1943 to 1947

1947)

Denny, George L

1947

Feeney, Al G. (Died November

12,

1948 to 1950

1950)

Bayt, Phillip L. (Resigned effective

November

Emhardt, Christian

24, 1951)

J.

(November

24,

1951)__1950 to 1951
1951

Clark, Alex M.

1952 to 1956

Bayt, Phillip L. (resigned Dec. 31, 1958)

1956 to 1959

Boswell, Charles H. (resigned August

1959 to 1962

6,

1962)

Losche, Albert H.

1962 to 1963

Barton, John

1964 to

J.

13

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May

18,

279

City of Indianapolis, Ind.

1964]

INTRODUCTION OF GENERAL ORDINANCES

GENERAL ORDINANCE

NO.

Introduced by Councilmen Kuykendall

56,

1964

& Cummings

AN ORDINANCE

prohibiting discrimination in connection with housing units because of race, color, religion, ancestry, or national
origin by owners, lessees, sub-lessees, assignees, managing agents,
real estate buyers, real estate salesmen or agents and lenders and
prohibiting discrimination in the sale, lease, sub-lease, rental, assignment or other transfer of the title, leasehold or other interest
in any housing unit to any person because of race, color, religion,
ancestry or national origin and providing duties and procedures
for the Commission of Human Rights of the City of Indianapolis
for the enforcement thereof and providing penalties.

BE

IT

ORDAINED BY THE COMMON COUNCIL OF THE

CITY OF INDIANAPOLIS, AS FOLLOWS:

SECTION

I.

(a) The population of the City of Indianapolis consists of people of

every race, color, religion, ancestry and national origin, many of
whom are compelled to live in circumscribed and segregated areas,
under sub-standard, unhealthy, unsafe, unsanitary and over-crowded
living conditions, because of discrimination in the sale, lease, rental
and financing of housing;

(b)

These

conditions

have

caused

increased

mortality,

crime, vice and juvenile delinquency, fires and the risk of

group tensions, and other

disease,

fire,

inter-

thereby resulting in great injury to

the public safety, public health and general welfare of the City of Indianapolis and reducing its productive capacity;
evils,

(c) The harmful effects produced by discrimination in housing also

increase the cost of government and reduce the public revenues, thus

imposing financial burdens upon the public for the

relief

and ameliora-

tion of the conditions so created;

(d)

ination

Discrimination in housing results in other forms of discrimand segregation, including racial segregation in the public

Journal of

280

Common

Council

[Regular Meeting

schools and other public facilities, which are prohibited by the Con-

and are against the laws

and policy of the State of Indiana and the City of Indianapolis.

stitution of the United States of America,

SECTION

II.

DECLARATION OF POLICY

It is hereby declared to be the policy of the City of Indianapolis, in

the exercise of its police power for the protection of the public safety,
public health, and general welfare, for the maintenance of business
and good government and for the promotion of the City's trade, com-

merce and manufacturing, to assure equal opportunity to all persons

to live in decent housing facilities regardless of race, color, religion,
ancestry or national origin, and to that end to prohibit discrimination
in housing by any person including real estate brokers, real estate
salesmen and agents, owners of real property and lending institutions.

As used in this ordinance, unless a different meaning clearly appears from the context, the following terms shall have the meanings
ascribed in this section:
Commission. The term "Commission" means the Commission of
Rights of the City of Indianapolis established pursuant to Ordinance Number 9 effective February 19, 1953.
(a)

Human

(b) Discriminate or Discrimination. The terms "discriminate" or

"discrimination" include denial of equal access to or any difference of
treatment in the sale, lease, rental or financing of housing units because of race, color, religion, ancestry or national origin.
(c) Housing Unit. The term "housing unit" means (1) a single
room or a suite of rooms, or an apartment or a dwelling, occupied or
intended for occupancy as separate living quarters, by an individual,
by a family or by a group of individuals living together, or (2) a

parcel of real property or a lot available for the construction of a

housing unit.
(d) Lending Institutions. The term "Lending Institution" means
any person, as defined in this ordinance, regularly engaged in the busi-

ness of lending

money or guaranteeing

loans.

Owner. The term "owner" includes the lessee, sub-lessee, asmanaging agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing unit.
(e)

signee,

May

18,

1964]

City of Indianapolis, Ind.

281

(f) Person. The term "person" includes one or more individuals,

partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy or receivers. It also includes but is not
limited to, any owner, lessor, assignor, builder, manager, broker, divisions, authorities,

boards and commissions.

(g) Real Estate Broker. The term "Real Estate Broker" means
any natural person, partnership, association or corporation, who for

a fee or other valuable consideration, sells, purchases, exchanges or

rents, or negotiates, or offers or attempts to negotiate, the sale, purchase, exchange or rental of the real property of another, or holds
himself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another, or collects rental
for the use of the real property of another.

Real Estate Salesman or Agent. The term "Real Estate Salesor Agent" means any person employed by a real estate broker to
perform, or to assist in the performance of, any or all the functions
of a real estate broker.
(h)

man

Appraiser. The term "Appraiser" means any person who, for a

employment or usual occupation, establishes a
value for a housing unit.
(i)

fee or in relation to his

SECTION

III

SCOPE OF ORDINANCE

This ordinance applies to discriminatory housing practices within

the territorial limits of the City of Indianapolis, and to housing units
located within the territorial limits of the City of Indianapolis.

SECTION

EXEMPTIONS

IV.

bar any religious or denominational

any charitable or educational organization which is operated, supervised or controlled by or in connection
with a religious organization, from limiting admission to or giving
preference to persons of the same religion or denomination.

Nothing

in this ordinance shall

institution or organization, or

SECTION
It shall

V.

PROHIBITED ACTS

be an unlawful housing practice:

Journal of

282

(a)

agent

for
to

any owner,
refuse

to

real

sell,

Common

Council

[Regular Meeting

estate broker or real estate salesman or

sub-lease, rent, assign or otherwise

lease,

transfer, or to refuse to negotiate for the sale, lease, sub-lease, rental

or other transfer of the title, leasehold or other interest in any hous-

ing unit to any person, or to represent that a housing unit is not

available for inspection, sale, lease, sub-lease, rental, assignment or
other transfer when in fact it is so available, or otherwise deny or to

withhold any housing unit from any person because of race, color, religion, ancestry or national origin.
(b) for any owner, real estate broker or real estate salesman or
agent to discriminate in the terms, conditions or privileges of the sale,
rental or lease of any housing unit, or in the furnishing of any facilities or services for any housing unit.

(c) for any lending institution to discriminate in lending money,

guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation,
repair or maintenance of any housing unit, because of race, color, religion, ancestry or national origin.

for any real estate broker, real estate salesman or agent, ownor any other person or any lending institution, to publish or circulate, or to cause to be published or circulated, any notice, statement or
(d)

er,

advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of housing, or to

any record or inquiry

make

connection with the prospective purchase,

rental or lease of housing, which expresses directly or indirectly any
limitation, specification or discrimination as to race, color, religion,
ancestry or national origin, or any intent to make any such limitation, specification or discrimination.
in

(e) for any appraiser to discriminate in the establishment of a

value for a housing unit, which value is intended to be relied upon by
any person in connection with a sale, lease, loan, guaranty or other
transaction relative to such housing unit.

for any real estate broker or real estate salesman or agent

any person to solicit, promote or attempt to influence or induce any owner to sell, lease, or list for sale or lease, any housing
unit, by making representations concerning:
(f)

thereof, or

(i)

the race, color, religion or national origin of present, pros-

May

18,

1964]

283

City of Indianapolis, Ind.

any housing units

any area, neighborhood or particular street or block, or

pective or possible purchasers or occupants of

in

(ii) present, prospective or possible neighborhood unrest, tension,

or change in the racial, religious or ethnic composition of occupants or prospective occupants of housing units in any neighborhood or on any street or block, or

(iii) present, prospective or possible loss of market value of any

property or housing unit by reason of the present, prospective or
possible entry into any neighborhood, street or block of persons
of any particular race, color, religion or national origin.

(g) for any real estate broker or real estate salesman or agent to
attempt to prevent, dissuade or discourage any prospective buyer,
lessee or tenant from viewing, buying, leasing or renting any housing unit, by referring to the racial, religious or ethnic composition of
occupants or prospective occupants of housing units in any neighborhood or on any street or block.

(h) for any person, individually or in combination, including but

not limited to a real estate broker, real estate salesman, or agent, owner, or a lending institution, or any other person to aid, incite, compel,
coerce, participate in or contract for the doing of any act declared to
be an unlawful housing practice under this ordinance, or to obstruct
or prevent enforcement of this ordinance, or to directly or indirectly
commit any act declared by this ordinance to be an unlawful housing
practice.

(i)

for any person willfully to

file

a complaint alleging a violation

of this ordinance, with knowledge that such complaint

is

false in

any

material respect.
Provided, however, that the provisions of this Section V shall not
apply to the leasing, sub-leasing, or renting of a housing unit in a
two-family dwelling, a portion of which dwelling is occupied by the
owner and his family, nor to the leasing, sub-leasing or renting of
rooms in a boarding house or rooming house or in any single-family
dwelling or housing unit occupied by the owner or tenant of such
dwelling or housing unit.

SECTION

VI.

ENFORCEMENT PROCEDURE

284

Journal of

Common

Council

[Regular Meeting

A complaint charging a violation of this ordinance may be

with the Commission by any person claiming to be aggrieved by
such alleged violation, or by the Commission, if it has reasonable cause
to believe that any person has violated this ordinance. Such complaint shall be filed within 30 days of (i) the date on which such violation is alleged to have occurred, or (ii) the date on which such alleged violation shall have become known to the person claiming to be
aggrieved thereby. Each complaint shall be in writing and signed by
the charging party, shall identify the person alleged to have committed the violation complained of, and shall set forth the facts relating
thereto and such other information as the Commission may need to
assist in the clerical preparation of such complaints.
(a)

filed

(b)

The Commission

shall

make

a prompt and full investigation of

each complaint of an unlawful housing practice. Such investigation

shall be initiated within ten (10) days of receipt of a complaint.
(c) If the Commission determines after investigation that probable
cause exists for the allegations made in the complaint, it shall attempt
to eliminate the alleged unlawful housing practice by means of conciliation and persuasion. The Commission shall not make public the
details of any conciliation proceedings, but it may publish the terms
of conciliation when a complaint has been satisfactorily adjusted.

(d) In any case of failure to eliminate the alleged unlawful housing practice charged in the complaint by means of conciliation or persuasion, the Commission shall within a reasonable time hold a public
hearing to determine whether or not an unlawful housing practice
has been committed. The Commission shall serve upon the person
charged with having engaged or engaging in the unlawful housing
practice, hereinafter referred to as respondent, a statement of the
charges made in the complaint and a notice of the time and place of
the hearing. The hearing shall be held not less than ten (10) days
after the service of the statement of charges. The respondent shall
have the right to file an answer to the statement of charges, to appear at the hearing in person or to be represented by an attorney or
any other person, and to subpoena, examine and cross examine wit-

nesses.

(e) The Commission shall have full power to subpoena witnesses

and pertinent documents, which power may be enforced by the Commission by petition to any Superior or Circuit Court. The Commission
shall have power to administer oaths and to take testimony.

May

18,

285

City of Indianapolis, Ind.

1964]

(f) If upon all the evidence presented, the Commission finds that
the respondent has not engaged in any unlawful housing practice, it
shall state its finding of fact and dismiss the complaint. If upon all
the evidence presented the Commission finds that the respondent has

engaged, or is engaging, in an unlawful housing practice, it shall

state its findings of fact and shall deliver a copy thereof to the respondent.
(g) If within ten (10) days the respondent has failed to correct or
eliminate the unlawful housing practice the entire record of the case
shall be certified by the Commission to the city prosecutor or city attorney for such action as may be warranted by the facts.

SECTION
Any

PENALTIES

VII.

who

any of the provisions of this ordinance

than $100.00 (One Hundred and
00/100) dollars nor more than $300.00 (Three Hundred and 00/100)
dollars and costs, and in default of payment of the fine and costs shall
person

violates

shall be subject to a fine of not less

be subject to imprisonment for a period not exceeding thirty

(30)

days.

SECTION

VIII

SEVERABILITY

The provisions of this ordinance are severable and if any provision,

sentence, clause, section or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not af-

fect or impair

any of the remaining provisions, sentences,

clauses, sec-

tions or parts of the ordinance or their application to other persons or

circumstances. It is hereby declared to be the legislative intent that
this ordinance

would have been adopted

if

such

illegal, invalid, or

constitutional provision, sentence, clause, section or part

un-

had not been

included therein.

Which was read for the first time and referred

Committee on Public Health.

GENERAL ORDINANCE
Introduced by Councilman Deluse

NO.

57,

1964

to the

Journal of

1*86

Common

We, your Committee on Safety to

dinance No. 67, 1964, entitled

AN ORDINANCE

Council

whom was

Regular Meeting

referred General Or-

authorizing the Board of Public Safety of the City

of Indianapolis, to purchase through its duly authorized Purchas-

ing Agent, certain supplies to be paid for out of funds heretofore

appropriated or available, and fixing a time when the same shall
take effect.

beg leave to report that we have had said ordinance under consideration, and rceommend that the same be passed.
A. 0.

DELUSE, Chairman

THOMAS McGILL
HAROLD J. EGENES
DANIEL P. MORIARTY

R.

Indianapolis, Indiana

July

6,

1964

To the President and Members

Common

of the
Council of the City of Indianapolis, Indiana

Gentlemen:

We, your Committee on Health to

dinance No. 56, 1964, entitled

whom was

referred General Or-

AN ORDINANCE

prohibiting discrimination in connection with housing units because of Race, Color, Religion, Ancestry or National
Origin by Owners, Lessees, Sub-Lessees, Assignees, Managing
Agents, Real Estate Buyers, Real Estate Salesmen or Agents
and Lenders, providing duties and procedures for the Commission
of Human Rights of the City of Indianapolis for the enforcement
thereof and providing penalties.

beg leave to report that we have had said ordinance under consideraand recommend that the same be reported to Council without
recommendation.

tion,

JAMES L. CUMMINGS,
ALBERT 0. DELUSE

THOMAS McGILL
HAROLD J. EGENES

R.

Chairman

Journal of

108

Noes 3

viz:

Common

Council

("Regular Meeting

Mr. Egenes, Mr. Hasbrook and Mr. Kuyken-

dall.

Cummings

Rev.

called for a second reading of General Or-

dinance No. 56, 1964.

The Clerk read the Ordinance

Cummings asked

Rev.

for a second time.

that the Ordinance be amended as

follows

AMENDMENT

NO.

Indianapolis, Indiana

July

6,

1964

Mr. President:
I move that General Ordinance No. 56, 1964 be amended by striking
out in their entirety in Section V. Paragraphs E, F, including sub-

paragraphs

(I),

(II),

and

(III),

and paragraph G.

Also by striking out "Superior or Circuit Court" in Section VI,

Paragraph E, Line 3 and inserting in lieu thereof the following:
"Municipal Court of Marion County."

JAMES

L.

CUMMINGS

Councilman

Rev.

No.
and

56,
it

that Amendment No. 1 to General Ordinance

1964 be passed. The motion was seconded by Mr. Kuykendall
passed on the following roll call vote:

Cummings moved

Ayes 9 viz: Mr. Brydenthal, Rev. Cummings, Mr. Deluse, Mr.

Egenes, Mr. Hasbrook, Mr. Kuykendall, Mr. McGill, Mr. Moriarty and
President Wallace.
Rev.

Cummings

introduced

Amendment No.

2 to said Ordinance.

July

6,

1964]

City of Indianapolis, Ind.

AMENDMENT

NO.

409

Indianapolis, Indiana

July

6,

1964

Mr. President:
I move that General Ordinance No. 56, 1964 be amended by striking
out in Section 7 all the words following the words "dollars and costs"
and inserting in lieu thereof: a period in place of the comma after
the word "costs"

JAMES

L.

CUMMINGS

Councilman

Rev. Cummings moved that Amendment No. 2 to General Ordinance

No. 56, 1964 be adopted. The motion was seconded by Mr. Kuykendall
and passed on the following roll call vote:

Ayes 9 viz: Mr. Brydenthal, Rev. Cummings, Mr. Deluse, Mr.

Egenes, Mr. Hasbrook, Mr. Kuykendall, Mr. McGill, Mr. Moriarty and
President Wallace.

The Chairman of the Committee, Rev. Cummings, recognized Mr.

Brydenthal who introduced Amendment No. 3 to said Ordinance.

AMENDMENT

NO.

Indianapolis, Indiana

July

6,

1964

Mr. President:
I move that General Ordinance No. 56, 1964 be amended by striking
out in Section V under sub-section "A" the word "owner" in Line 1 of
said Section, by striking out the word "owner" in Line 1 of sub-section "B" and the words "owner or any other person or any lending
institution" in Line 1 and 2 of Section D.

Sub-section C. to be stricken out entirely and change sub-section D.

to sub-section C.

Journal of

410

Common

Council

[Regular Meeting

After sub-section "i" add a sub-section "j" as follows: Any indiowner or owners shall have the right to sell their homes and
shall not be covered by this Ordinance.
vidual

Sub-section H. becomes sub-section D.; sub-section

j becomes sub-section F.

becomes sub-

section E. and sub-section

MAX

E.

BRYDENTHAL

Councilman

On motion of Mr. Brydenthal seconded by Mr. Deluse, Amendment

No. 3 to General Ordinance No. 56, 1964 was passed on the following
roll call vote:

Ayes

6 viz: Mr. Brydenthal, Rev.

Cummings, Mr. Deluse,

Mr. Egenes, Mr. Hasbrook, and President Wallace.

Noes 3

viz:

Mr. Kuykendall, Mr. McGill and Mr. Moriarty.

Mr. Brydenthal introduced

Ordinance No.

Amendment

No. 4 to General

56, 1964.

AMENDMENT

NO.

Indianapolis, Indiana

July

6,

1964

Mr. President:
I move that General Ordinance No. 56, 1964 be amended by striking
out the words "a two-family dwelling, a portion of which dwelling" In

the last paragraph of Section V.

and inserting in lieu thereof the following: any dwelling or apartment building owned by an individual or individual and wife or relative of

which a portion of said dwelling or apartment.

MAX

E.

BRYDENTHAL

Councilman

July

6,

Mr. Brydenthal moved that

ed.

411

City of Indianapolis, Ind.

1964]

Amendment No.

4 be adopt-

The motion was seconded by Mr. Deluse and passed on

following

Ayes

roll call

vote:

6 viz: Mr. Brydenthal, Rev.

Cummings, Mr. Deluse,

Mr. Egenes, Mr. Hasbrook, and President Wallace.

Noes 3

viz

On motion
dall

Mr. Kuykendall, Mr. McGill and Mr. Moriarty.

of Rev.

Cummings, seconded by Mr. Kuyken-

General Ordinance No. 56, 1964 as amended was ordered

engrossed, read a third time and placed upon

The Clerk read the Ordinance

and

it

passed on the following

Ayes

as

amended

roll call

5 viz: Mr. Brydenthal, Rev.

vote

its

passage.

for a third time

Cummings, Mr. Deluse,

Mr. Kuykendall and President Wallace.

Noes 4

viz:

Mr. Egenes, Mr. Hasbrook, Mr. McGill and

Mr. Moriarty.

The Chair recognized Mr. Brydenthal who introduced Special

Resolution No.

7,

1964.

INTRODUCTION OF SPECIAL RESOLUTION

NO.

7,

1964

Introduced by Councilman Brydenthal

Whereas, since the year 1887, the City of Indianapolis, Indiana, has
been represented in organized professional baseball, out of which has

emerged many outstanding successes by the

Journal of

422

Common

Council

[Regular Meeting

Friday, July 10, 1904 and again on Friday, July 17, 1964, General
Ordinances No. 70 and No. 71, 1904 and Special Ordinance No. 11,
L964.

Genera] Ordinances No. 70 and 71 will be in effect eight days after

the last publication and Special Ordinance No. 11, 1964 will be in effect
thirty days after last publication.
Respectfully yours,

ANGELINE ALLSTATT
City Clerk

Indianapolis, Indiana

July 20, 1964

To the Honorable President and Members

Common

of the

Council of the City of Indianapolis:

Gentlemen:

For your information

News and

I caused to be published in the Indianapolis

the Indianapolis Times on Friday, July 17, 1964 General

Ordinance No.

56, 1964.

Both the Indianapolis Times and the Indianapolis News will again
publish General Ordinance No. 56, 1964 on Friday, July 24, 1964.
General Ordinance No. 56, 1964 will be in full force and effect eight
days after the last publication, which will be August 1, 1964.
Respectfully submitted,

ANGELINE ALLSTATT
City Clerk

Indianapolis, Indiana

July 20, 1964

To the Honorable President and Members of the Common

Council of the City of Indianapolis, Indiana