05/06/74 Board of Public Works Minutes

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REGULAR MEETING MAY 6, 1974 Total Net Damages $0.00 Total Net Benefits $0.00 Upon motion made, seconded and carried, the Board adopted the Assessment Roll and set 9:30 a.m. on Monday, June 10, 1974, Room 1308, County -City Building, South Bend, Indiana as the date and place of hearing all persons interested in or affected by such vacation. ADOPTION OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3399 Rollin E. Farrand, City Engineer, files an Assessment Roll showing the award of damages and assessment of benefits in Vacation Resolution No. 3399 for the vacation of a.14' alley extending from the north line of Mishawaka Avenue north along and immediately west of the west line of Lot 715 in Whitcomb & Keller's Sunnymede Third Addition to the northwesterly corner of said Lot 715. Thence northeasterly'along and immediately northerly of the northerly line of Lot Nos. 715, 716, 717, 718, 719, 720 and 721 in said addition to the northeast corner of said Lot 721 and the west line of the first north -south alley. The following property may be injuriously or beneficially affected by such vacation: Lot Nos.. 714, 715, 716, 717, 718, 719, 720 and 721 in Whitcomb & Keller's Sunnymede Third.,Addition, City of South Bend, Indiana. W Total Net Damages $0.00 Total Net Benefits $0.00 Upon motion made, seconded and carried, the Board adopted the Assessment Roll and set 9:30 a.m. on Monday, June 10, Room 1308 County -City Building, South Bend, Indiana as the date and place of hearing all persons interested in or affected by such vacation. FILING OF PETITION TO VACATE A PORTION OF CLEMENTS STREET Ira Jennings files his petition to vacate 30 feet of Clements Street from Lot Number 300 to Reo Street. This property is adjacent to Mr. Jennings driveway and is not an improved street. Upon motion made, seconded and carried, the petition was referred to the Division of Engineering for preliminary review and recommendation. REPORT ON MEADOWVIEW SEWER BIDS Mr. James A. Roemer, City Attorney, reported to the Board that there was a problem with the bid submitted by Dye Plumbing & Heating on the Meadowview Sewer project, because of a qualification they included with their bid. A legal determination was made that the bid could be accepted, and the qualification rejected. The second low bidder then filed suit against the City. Deputy City Attorney Gerald Sakaguchi met with the attorney for Bradberry Brothers, the second low bidder, and with a representative of Dye Plumbing & Heating Company. They agreed that the best interests of all concerned would be served if the project was re -advertised and new bids were sought. Mr. Roemer said all parties to the discussion orally agreed. Upon motion made, seconded and carried, the Board rejected all bids on the Meadowview Sewer Project and directed the Clerk to re -advertise for bids with the bids to be received at 9:30 a.m. on Monday, May 20, 1974. REQUEST FOR HEARING ON MEADOWVIEW TAX IMPOUNDMENT FUNDS Mr. Farrand informed the Board that Mr. Robert Parker, Chief Deputy City Attorney, has advised him that the Common Council will be asked to appropriate the Meadowview tax funds impounded, as provided in the annexation ordinance. Mr. Farrand said he would recommend that the Board set a public hearing on the use of these funds. A resolution will be adopted by the Board of Public Works setting forth the proposed expenditures. A resolution will be filed with the Common Council to the effect that they recognize what the Board is doing and that they concur in what is being proposed and will appropriate the money. Upon motion made, seconded and carried, the Board set a public hearing for Monday, May 13 at 9:30 a.m, in the Board of Works Hearing Room on the use of Meadowview Tax Impoundment Funds.