01/19/1915 Board of Public Works Minutes

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5(35' Board met in regular 'session at 10:00 A.M. All members present. The matter of enforcing the smoke Ordinance, and the contract for ,"'heating the Oliver Hotel which was fildd with the Board on Tuesday January 5th.,1915 was discussed by the Board with the Mayor. The following communication was recei ved from Eli. Seebirt, City Attorney, read and pla ced on f :ile . P,o;,rd, of Public Works, South Bezid , Indiana. Gent lem^ n: - In re:- Contract of Stewart Sheets * ConpanyfM� co _str r,tion in of Bowman Creek sewer. I.advise you as follows in regerence to the following clause in said contract. "The above proposal includes the 132 feet of 72-inch cast iron pipe as pr specifications. It also includes latteral connections from 10 inch to 36 inch." This langu,--ae seems yo be very ambiguous and is certainly sus— ceptible to two interpretations, It seems to be the settled law.that municipalities, through their authorized officials, can settle and adjust disputed questions, parti-- cula.rly if said adjustments and settlements are made in good faith and in an honest doubt as to the construction of a contract. I Believe that a. compromise made between the contractor end your board would be sustained by the courts. Yours very truly, Jan. 15,1915. E. 9."fSEEEBIRT Permission wes granted Indiana & Michigan Electric Company to set pole and anchor as follows: - To set 1-501 pole in the southwest corner of first alley east of Michigan Street on Tutt Street, this to be used jointly with the Central Union Tel. Co, and to be placed inside of the curb. To set anchor on the east si, e of Park Avenue on the north property line of 840 Park Ave. and south of water pipes now there. Communication received from the Wrlsbach Street Lighting Company fff America relative to two lights recently ordered placed in giver Park. The same was read and V/placed on file. Communication received from Indiana & �i iciiigan Elec Company p/relative to the location of lamps. The same was read and placed on file. Application for the setting of a billboard on Portage Pvenue on lot 143 by the South Bend. Billposting Company was approved by the Board. Petition received from property owners on Kemble Avenue and Ewing Avenue fro a street ligrit The same was read and referred to the Street Commissioner for iirrestigation.