333
<br />Iis to be used, and no violation of City Ordinance was indicated, the Board granted
<br />!'permission for the parade.
<br />Next appeared before the Board Mr. Burr Swisher, 1125-'Fox Street, complaining of
<br />;damage done to his curbing by a Street Department grader. Mr. Swisher stated that most
<br />of the damage occurred in one incident, witnessed by Mrs. Swisher and neighbors and more
<br />than three years have elapsed since the occurrence. Mr. Swisher further stated the curb
<br />ping in front of adjoining properties was similarly damaged and contended the City should
<br />replace the damaged curbing. City Engineer Andrysiak pointed out the fact that curbing
<br />i,lis to be maintained at"the expense of the property owner and that the curbing at this
<br />location was old and greatly deteriorated before it was hit and broken by the scraper.
<br />;Engineer, Andrysiak stated, however, the City would, in this instance, assume not more I
<br />'than 10% of the cost to restore this curbing. The Board was in agreement on this point
<br />and no further discussion ensued and no definite action was taken.
<br />Attorney Walter Gus Shorts next appeared before the Board on behalf of PJIr. Brooks,
<br />,:newsdealer at the southwest corner of Michigan and Washington, who is under Board orders I
<br />;to vacate this location on June lst. City Attorney I. A. Hurwich first requested
<br />1'correction of statements given by Attorney Shorts at a previous hearing in this matter
<br />concerning the amount paid for this enterprise, and the number of signers on the petition;
<br />irequesting the newsstand be retained. Attorney Shorts then recited to the Board the
<br />,,f act that Mr. Brooks is a war veteran and in poor physical condition, and various other
<br />f actors for the Boardts consideration, suggesting the possibility of moving the news-
<br />1; to a former location in front of the American Trust Building. It was pointed out
<br />by R. S. Andrysiak that the same news service is available one block distant, at the
<br />!,southwest corner of Main and Washington, where the news vendor does not interfere with
<br />!other business activities and more space exists for pedestrian traffic. It was con-
<br />ceded by the Board that no sufficient reason has been presented for detaining the news -
<br />:stand operated by Mr. Brooks, and the Board will proceed with its removal. Atty. Shorts
<br />!then advised he would obtain a court injunction to prevent the Board from carrying out
<br />:,its intentions in the matter.
<br />The Board next examined and ordered filed an agreement placed with the Board by
<br />J. C. Peney Company, under date of May 17, 1955, and bearing their corporate seal,
<br />n
<br />;;concerning the installation of a 10,000 gallon fuel oil storage tank under the sidewalk
<br />on East Wayne Street.
<br />Estimates, submitted by Chas. W. Cole & Son, for the improvement of Eddy Street
<br />I and Sample Street under the 1954 General Street Improvement Program, were examined and
<br />ordered filed; including a copy of Addendum No. 1, Contract No. 1 pertaining to Eddy
<br />Street widening and resurfacing.
<br />STREET DEPARTMENT:
<br />Street Commissioner, H. M. Tomlinson, being present, discusses with the Board
<br />briefly, the need of a culvert pipe for Fellows Street at Ireland Road.
<br />In accordance with legal advertising, the Board then proceeded with the opening
<br />of bids for street improvement, under Contract 1, which were found to be as follows:
<br />EDDY STREET -
<br />RIETH-RILEY CONSTRUCTION CO. A non -collusion affidavit,
<br />P. 0. BOX 775 Questionnaire Form 96A and
<br />SOUTH BEND, INDIANA. Certified check for $2500.00
<br />accompanied the bid.
<br />TOTAL ITEM EXTENSION 1 to 24 inclusive...............$46 5o6.00
<br />CON[PLETION within 120 Calendar days after contract is awarded.
<br />REED CONSTRUCTION COMPANY A non -collusion affidavit
<br />2022 N. MAIN STREET Questionnaire Form 96A and
<br />MISHAWAKA, INDIANA. Certified check for $2300.00
<br />accompanied the bid.
<br />TOTAL ITEM EXTENSION 1 to 24 inclusive..............-%4,891.50
<br />• COMPLETION within 90 Calendar days after contract is awarded.
<br />SAMPLE STREET -
<br />RIETH-RILEY CONSTRUCTION CO. A non -collusion affidavit
<br />SOUTH BEND, INDIANA and Certified check for
<br />$1,000.00 accompanied the bid.
<br />TOTAL ITEM EXTENSION 1 to 20 inclusive .............$17,537.00
<br />COMPLETION DATE - 60 days after contract is awarded.
<br />ji
<br />
|