09/28/1927 Board of Public Works Minutes

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Wednesday, September 28th., 1927. The following petition was filed by Samuel Pett ngill, attorney for 'the J. J. Dannegan Construction Co., in the matte of changing the line of. the Northwest Trunk Sewer and upon the recommendation of ity Engineer, Mr. H. G. Wray, the Board approved same. Petition is as follows: State of Indiana Before the Board of Public Works :of .the City of South County of St. Joseph Bend, Indiana. IN THE FATTER OF THE CONSTRUCTION OF THE NORTHWEST TRUNK SEWER SYSTEM. � ii Comes now J. J. Dunnegan Construction Co-., the contractor under a certain contract dated March 23rd., I9270 by and between it as Contractor, and the City of South Bend., Indiana, as City, through its Board of Public Works, and respectfully shows to said Board the following. - That Contractor is constructing said sewer under said cpntra that according to said contract and the plans, specifications and profiles made a part thereof, the line of said sewer as therein des gibed, at a certain point *hereof, runs south along the center of Huey Street in said �ity to the intersection of Huey Street with Frederickson Street; thence west at right angles along the center of Frederickson Street to the intersection of said street with Olive Street; thence south at right angI along the center of Olive Street to the intersection of said street with Westmore Stree thence west at right angles along the center of Westmore Street. t es That Olive Street along the line where said sewer will be laid in accordance with said contract is 'paired and in constant daily use of traffic; that there are houses on the north and south side of Frederickson Street along the proposed line of said sewer and houses on the east side of Olive Street along the proposed line of said sewer; that the digging of said sewer as proposed under said contract, on account of its size and depth of excavation would greatly inconvenience persons luring in the houses along the porposed line of said sewer; that to safeguard said dwellings, steel sheeting, under good practice, might be necessary to be left to support the foundations of said dwellings during and after the construction of said sewer; that proceeding down Olive Street as proposed would involve the tearing up of the pavement for a distance of two or three hu#dred feet and would make impossible traffic.! on Olive Street while said works -was going on;- that the proposed line of sewer involves] three right angles which to some extent are objedtionable in that they impede the flow of sewage. Your petitioner shows further that it woul be more advante4g-,! eous to the public generally, to the persons owning property within said sewer district and to those dgling in the residences along Frederickson street and Olive Street, to change the course of said sewer as follows: Instead of turning west at the intersection of Huey Street with Frederickson Street, to proceedi directly south on Huey Street to a point a little, south of the alley running east and west next south of Frederickson Street; thence pro-r eeed, due west to the center of Olive Street and thence by a gentle angle to the center og Westmore Street at that point nonneet with the line of said sewer as now under contract: Thais by changing the line of said sewer the following advan- :' tages will be had: One right angle turn in place of three; crosking Olive Street at nearly right angles rather than doing down the center of it lengthwise, thus eliminating the tearing up of considerable pave*emt and making it possible to be on Olive Street in the course of construction a mucheshorter period of time, thus cutting off tr affic for a shorter period of time and entirely avoiding the inconvenience, danger and expense involved with respect to the houses facing north and south on Fred- erickson street and many of the houses facing west on Olive Street; that the lineal feet of said sewer by reason of said change will be substantially the same; that the cost of said sewer to the property owners in said sewer district will be no greater and probably somewhat less that if said sewer were constructed along the line as set f forth in said contract; and contractor, if this petition.be granted, agrees that the cost of constructio# of said sewer by reason of said change will not be greater than if it had been laid along the line as first contracted; that from ,Frederickson Street to the alley next south along Huey Street, said sewer would not come in proximity to any houses and along the alley between Huey Street and Olive street would not come in close proximity to any dwelling except one. That the property south of said alley neat south of Freder- ickson Street is owned by Whitcomb and Feller, a corporation, and that the same is undeveloped; that Whitcomb and Keller have consented to the change in the course of said sewer as above described by their written consent attached hereto permitting said sewer to be laid as now proposed, without any change in so far as their property may be affected by reason of such change. I Wherefore petitioner p prays that said contract of March 23rd., 1927, be modified by permitting said sewer to be construction as above outlined rather than along the course described in said contract, and agrees that by the a.pprova of this petition by suitable resolution of said Board, said contract shall be modified accordingly, to,take effect at once, but confirmed in all other things not inconsistent with the change in the course of the said sewer. .i 0 •