06/18/1934 Board of Public Works Minutes

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42 Monday, June 18th . , 1934 Board met in regular session st 3 P. h. All rembers present. City Ingin- eer , T. S. Moore, also present. Minutes of meeting held Mondey June llth. , 1934, read and ap pr ove d . Upon the recommendation of W. S. Yioore , Uity Engineer, the board. approved a drive way plan for a f illing station at the corner of ironwood give and Mishawaka Avenue. Upon the recommendation of W. S. Moore, Uity Engineer, the Board approved a drive way plan for a filling station at the corner of Michigan Street and Navarre St. At the request of City Zngineer, W. S. Moore, the Board instructed the ecretery of the Board to request a report from W. F. qualls on the Street Lighting survey by Yonday June 25th. , 1934, at the regular Board meet ing, Upon the advice of pity Attorney, I. S. Romig, the Board signed the follow ing agreemtn with 0. 111. Ray, with reference to the Garbage contract. Agreement is as follows: AGREEMENT This indenture made in the City of South Bend, County of St. Joseph, and 'Mate of Indiana, this 18th. , day of June , 1924, by and between the MU2TICIP.".1 CITY OF SCsUTF BEIIT, INDII-FA, by and through the Board. of Public forks, party of the first part, and ORVILLE Y. RAY, of said City, party of the second part, WITI'�EFSSETN: That, "'77TaREAS, the parties hereto entered into an agreement on the 7th., day of January, 1930, for the removal of garbage from said Uity by second party in accordance with the terms in saidd contract set forth: and FEREAS, There may have been a change in the population of said City under which said second party would be entitled to additional compensation for the services rendered by him for a part of the term covered by said contract; and 77FE1 EAS, 5one officials of said City have denied the liability of the party of the f irst pert for the payment of any such additional compensation to p rty of the second pert under said contract. NOW Tp7S TITNESSETH: That for and in consideration of the premises and. of other good and. valuable consideration, the parties hereto have hereby each mutually contracted and agreed with other as follows, to -wit: 1. That said second party will not ask for any additional compensation by reason of the change in population in said city and will fulfil the agreements in said contract contained for him to do and perform for the same consideration as if the population had not chanped from that which it was at the time said contract was elitered into. 2. That said first party contract and agrees to continue to make its monthly payments for the ba.lenee of the unexpired term of said contract, which term expires December 31st., 1934, at the same rate as it has so far paid. In 16itness whereof, the perties hereto do hereunto set their hands and seals, in triplicate, this day and year first above written. 1v�tINICIPA7 CITY OF SOUTH BEND By Dick Johnson Anton Zmudzinski Ralph F. Kuss ITS BOARD OF PUBLIC WORKS FIRST PARTY • C] • • • OPVILLE TV. RAY • SECOND PARTY