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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 />