09/30/1930 Board of Public Works Minutes

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Tuesday, September 30 th . , 1930. 1179 Resolution No.2372. Tn the above named assessment roll, no remonstrators appeared and no written re- monstrance was filed and the Board, being fully advised in the premises, find. s that the several lots and parcels of land have been benefited in the amounts shown on said roll. The Board, therefore, decides to take final action on said assessment roll and declares same in all t} ings ratified, confirmed and approved without modification. This be inF the date set, hearing was had on the assessor nt roll for the local sewer in giddy street from 'mot. Vincent "'tre et to "ity Limits under Improvement hesoluti on No.2341. the above named_ assessment roll, T. L. Hickey filed a claim against the contrator 'In !for damage to the lawn at the corner of Eddy Street and Wit. Vincent treet, in t he amount of 85.00. In accordance with an agreement with said contractor, this claim of $85.00 was allowed to said property owner. There being no other remonstrators present and the Board, being fully advised in the premises, finds that the several lots and parcels of land have been benefited in the amounts shown on said roll. Therefore, the Board decides to take final action on said assessment roll and declares same in all thins ratified, ! conf irme d and approved subject to the payment of the claim of T. L . Hickey. The Board hereby orders Oity Controller to with hold the sum of $85.00 from mnney or bonds due said contractor until this c la im is fully paid. • I This be ing the da to set, hearings were ha d on the following assessment rolls Assessment roll for the vacaction of alley between 23rd. and 25th. Street from , Kerslake Uourt to Kiver under vacation Resolution No.2375. Assessment moll for the vacation of Humboldt Street from Diamond Avenue to C. I. & S. R. R. under vacati on Resolution No.238I. In both of the above named assessment rolls, no remoTistretors appeared and no written remonstrances were filed and the Board, being fully advised in the premises, find] that the several lots and pe rcels of lend have been be nef ited and damaged. in the amounts �Ishown • on said. rolls. The -board, therefore, takes final action on said assessment rolls I any? decleres same in all things ratified, confirmed and approved and the propeedings closT ,ed and alley and street vacated. `she -board signed. the contract with Frame and dormer for the �' pavement on alley south f Fox street from nigh Street to Ist. , alley, east of high Street under Improvement hes- lution No.2385s in the amoujnt of $39I.96. '-Lhe Board also approved the construction and of same for 50% of the contract price si gn ed by Southern lure ty Company of j"ew ork. ': This being the date set, hearing 7-7as had on the form of contra ct to be entered into '!between the Board of Public Faorks and J. H. Vihitmarsh for the construction of a railroad • !side track across Fremont Street. I In the above named form of cont pact, no remonstrators appeared and no r-=monstrMces Weis filed and the Board, being fully advised in the premises does -now enter into and signed contract as follows: i CONTRI_CT FOR TIIE CONSTRUCTION OF A RAILROAD SIDETRACK ACROSS FREIMNT STREET. This indenture, made and entered into by and between the City of South Bend , Ind.,, j,by and through its Board of Public 'works, party of the f irst part, and James F. Whitmarsh . ',lof ��outh Bend , Ind iaria , party of the second part; V itnesseth: An agreement by and between said parties as follows, to -wit: IThe said second party having petitioned said first party for the right and permission to construct and maintain a single track railroad siding across Fremont Street and connect ling with a siding of the C S B & S S Railroad between Orange and Lawton Streets, in the !!City of South Lend, Indiana, :al-11-as shown in a setof blue prints which set is hereto lattached, marked Exhibit "A" and hereby made a part of thi js bontract.t. Now, this witnesseth: hat fbr and in consideration of the premises and of the jagreenent on the mrt of said sec-)nd party to carefully construct said siding across 'said thorofare and to make the -a;pproaehes thereto as well as the eorssing in good and • proper condition for using by the public and at all times to keep and maintain said Gros ing in good and safe condition for public travel, the said first party does hereby grant ;unto said second party the right to construct and maintain said siding. This contrect, however, shall not be binding upon said first party until duly ratified by the Common (Council of said City. The siding herein referred to being subject to all the rights of the public and !City to use the public street herein referred to for public street and highway purposes, 'it is further agreed that party of the second part will, at all times, maintain either pl plank of other material as designated by said City on and along fbe street where crossed iby said side track and to keep said crossing open at all times and. to maintain said. sid- ing in the manner prescribed vt the City and with its consent, and mpon failure to do so , the said grant shall become null and void at the option of said. second party, end at its S,request, saidfirst perty, or either of them V74 11 toethwith take up and remove said side 1, tracks.