06/11/1929 Board of Public Works Minutes

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Tuesday, June Ilth., 1929. 401 -0 9 • • • 0 The Board also approved claims in the amount of 670.00 and hereby orders I, City Controller to pay same out of Track Elevation or Grade 8eparat ion fund. Upon the recommendation of City Attorney, I. S. Romig, the Board approved the following pettti,on signed by all property owners who will be assessed for the ; pavement of Liston "treet from ialnut- Street to Studebaker Street, for changing l the type of pavement on said street from sheet asphalt pavement to Concrete pavement. Petition and contract is as follows: CONTRACT. II This Indenture made in the City of "oath Bend, `'ounty of St. Joseph, and State of Indiana, YNNESSETN, that, -- Whereas, a petition was ,presented to the Board of Public lorks for pavement ' of Nt_,Linden Street from ''dalnut 'treet to Studebaker Street in said City; and Whereas, the copyt of such petition whidh came to the attention of the Board it of public i1orics. contained no choice as to the kind of pavement desired; and Whereas, acting u#der said petition of_ the Board of Public `corks passed a resol-ati.on for the improvement of said portion of Liston Street by pavement and named sheet asphalt as the pavement to be nlaeed thereon; andi 1hereas, the property owners interested in said improvement were under the impression that said petition designated concrete pavement for said street and, there fore, made no further effort to have the kind of improvement changed from sheet asphalt to concrete; and 1hereas, the said Board of 77orks believed that the material specified by it was the one desired by said interested property owners; and `lhereas, the Albert Construction Company of the City of South Bend, Indiana, was the lowest and best bidder on both sheet aspgalt and concrete and was duly designat' ed as thesuccessfuly bidder for said work and a contract Was entered into on the 5th day of -February I929, by and between said Construction Uompany, as contractor, and said Board of -`Vor'cs, for the kind of improvement specified in the resolution, to -wit, sheet asphalt; and "Jhereas, it has now come to the knowledge of the property owners that the contro ct has not been let for concrete as they supposed and they are still desirous of having said improvement made of concrete construction; and Vlhereas, said Construction "ompany is willing to construct said pavement of concrete instead of sheet asphalt and at the prFee designated in its sealed bid theref4. Now, this witnesseth an agreement by and between said Albert�%onstruction Company, party of the first part, and all of the property wwners interested in said improvement and whose property will be bound by the said improvement for the paymeft thereof, party of the second part, as follows, to -wit: -In consideration of the premises and agreements ;hereinafter contained for second parties to do and perform said Albert Construction company does hereby contract and agree that it will construct the improvement of said Liston Street by placing therein a concrete pavement all as specified in the profile and specifications old file in the office of said Board of Public Corks, at and for the price of his bid as filed with the said Board. In consideration of the premises and of the agreement of said Construction Company to construct said pavement of concrete instead of sheet a s1phalt, the undersigne being property owners affected b-T sid imnrovement, do hereby contract and agree that they will pay for said improvement either in cash or by the filing of waivers, all as provided by 'law, for the payment for an improvement in installments; that they will raise no question of illegality or irregulatity in the s_.id change, but contract and agree and do hereby contract and agree. to ray. their reppective portions of said improve ment the same as if the contract had heed originally let for concrete and not changed or alteration had not been made in the said contract. The parties do all hereby respecfully petition the Board of Public 'Vyor=cs to give consent to the change herein contrasted for and do hereby respectfully petition said Board to do and perform all things necessary and requisite for the changing of said contract from sheet $sphalt to concrete, and .to proceed as provided By law for the construction and completion of said contract and the assess -gent of properties benefited thereby, all as provuded by statute. In witness whereof the parties hereto d_o hereunto set their hands and seals this day of June I929. Signed by all property offners affected by said improvement. 9