07/01/1935 Board of Public Works Minutes

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149 MEETING JULY 19 1935 • i Ll • Regular meeting of the Board of Public Works was held Monday, July lst, at 11:00 A. M. All members were present. Minutes of meeting of June 24th were read and approved. Claims in the amount of $24.98 from the following suppliers were approved: W. J. Braunsdorf & Son $5 98 McClave Printing Company 17.25 Schilling's Incorporated 1.75 Representatives of the Northern Wholesale Grocery Company were again present at the Board to request a decision of the Board as to remuneration to them for damage to their property, on account of Western Avenue and Walnut Street track elevation. They were informed that the City Attorney had made a very careful investigation of ;helaw with Mr. Charles Lewinski and his judgment was that the City is powerless to make any payment, as, according to the law, the City is not liable for any change in grade. Under the circumstances, the Board is bound by the law. The conversation was inter- rupted by Mr. Charles Lewinski, representing Mr. Sroda, who placed before the Board the fact that his claim is based upon negligence on the part of the City, which makes the City liable for damages to Mr. Sroda's property. After a thorough discussion of the matter, Mr. Hunter moved and Mr. Woodward seconded that the City take no action with reference to remuneration for the claims presented and that the various complain- ants be permitted to take their complaints to the Courts. Mr. Victor Korhummel of the Socony Oil Company was present and requested of the Board that he be considered in placing at least a part of the requirements of the City, particularly with the Street Department, in their consumption of fuel oil. Mr. Korhummel was advised that at the present time the City was under contract and could not consider buying from them. He was, however, given assurance that in future transactions his Company would be considered. Mr. Eli Seebirt, representing the Swindler family whose property is involved in the Bottle Neck proceedings, stated that these people would be willing to withdraw their claim for additional damages beyond that covered by Condemnation Proceedings #2481, provided the City of South Bend would deed to them the house erected upon this property permitting them to move into another location. The Board informed Mr. Seebirt that this was now the property of the City of South Bend and it would be necessary to refer this matter to the City Council and that he would be informed of their decision at a later date. Mr. F. H. Tigue, in a communication to the Board of Public Works as per copy following, called attention to damage to his car on account of what he claims to be carelessness on the part of the Street Department on 25th Street. June 28, 1935 Board of Public Works City Hall South Bend, Indiana Gentlemen: On Thursday evening June 27 at about 8:00 o'clock I was driving south on 25th Street and in the 700 block immediately opposite the alley my car collided with a manhole that projects up quite a distance above the street level. There were no lights or warning of any kind that this manhole was dangerous to traffic. On Friday, June 28, I reported this to the Board of Public Works in the City Mall and they requested that I write you a letter describing the accident. Also, while driving on 25th Street on Friday, I notified some of the street repairmen who were working in the block south or in the 800 block that this manhole was dangerous and should be blocked off in some way or other. They said they had no report from the Department to take care of this, but would immediately report it to the department and undoubtedly steps would be taken to remedy this dangerous condition. My car a Plymouth 1934 Sedan is now at the Gill-Vorn repair shop, northeast corner of Michigan and Lasalle Streets where it can be seen if you care to view it. The Foreman today told me he had to send away for parts to repair the car and the cost will be approximately $75. Since I am a salesman for the above company the tying up of my car for nearly a week seriously handicaps my earning power. I await your instructions as to the handling of this expense. Very truly yours, F. H. Tigue FHT:BE The matter was referred to the City Attorney for attention.