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1.
<br />The, followi ng communication received, from the City Attorney ,
<br />read and placed on file and the City Market Masternotified "to confin the City Market
<br />to the Colfax Avenue Bridge and not to be extended beyond east part of Bridge on
<br />Colfax Avenue.
<br />June 591922.
<br />Board of Public Works
<br />South Bends Ind.
<br />Gentlemen:-
<br />I have investigated the matter referred to in. the attached letter of the
<br />Stevenson Underwear Mills and it appears that they have been correctly advised. The
<br />Case of City of Richmond et al vs Smith, 148 Ind. Page 294 is exactly -in point. It
<br />was there held that an abutting property owner could enl�oin the use by a City of a part
<br />of the public street for the purpose of a public market i� such market was establis'-ied and
<br />maint%ined without her consent. The facts of that case were peculiarly analoguous to the
<br />situation in South Bend. There are cases in other States where the Courts upheld the ri :ht
<br />of a City to maintain a market in the public street but a local Court would be obliged
<br />to followin Indiana Authorities.
<br />From this it seems that if the. Stevenson Underwear Mills Company objects
<br />to the use of the street in front of their peropty for such a purpose, it will be necessary
<br />for the City to discontinue such,use so far as it affects their property.
<br />Respectfully submitted,
<br />APPROVED L. W. HMXOND, °
<br />JUN 6,1922. City Attorney. °
<br />BOARD OF PUBLIC WORKS. °
<br />L. B. SLAUGHTER
<br />President.
<br />The following bonds and contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT•CONTRACT.
<br />This agreement , Made and entered into this 6th. day of J e 1922
<br />by and between -Wm.' H Burke of the County of St. Joseph and State of Indianakhereinafter
<br />referred to as the CQntractor"), anf.th Cit of South Bend in the County of St.
<br />Joseph, and State of Indiana, by and through i s Board of Public Works � here-Inafter
<br />referred to as the City) under and by virtue of an Act of the General Assembly of
<br />the State of Indiana' entitled " An Act Concerning Municipal- Corporations, approved
<br />March 691905, and a i amendatory and supplemental acts thereto:-
<br />witnesseth, that the contractor covenants and agrees to place water
<br />taps on Fox Street from Miami Street to Leer Street, in the City of South Bend, Indiana
<br />at and for the following prices:-
<br />4 taps on long side, each $26.50
<br />9 taps on short side, each 20.95.
<br />and to perform all work in the prosecution of said impro rement mxk-r WA au tg tQ *0 torasti aw on.
<br />ditfons of Improvement Rtsol+rtion No. _ 99?-------------- adopted by the OweArd of I) We ks—. 1J..,. ,1922.
<br />and the plans, profile and specifications on file in the office of the Depa. tment 4 PuMe Works, *%kh said
<br />resolution, plans, profile and specifications are made a part hereof as fully and eff btually as if copkd and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said wotu..dill proper
<br />skill and care will be exercised; that he ---:;l pron . r- )*�:t all excavations and daiigetttit® 014001�
<br />and will use all clue and proper precaution to or- v :_fit injury `,) .ry person or pron?rty; that i-1 tht event
<br />any Injury or damage resulting from the �v�r`: or res 'Al"
<br />from n^v utter or thing connected therewitfi or
<br />arising therefrom, to any pers^-i or property, h, 1 e 1 nay ar-i 1;0!lidate the same at his own expens@, kind as-
<br />sums the liability therefor; and in the event of any claim or claims being trade or any action or actions being
<br />brought against the city by reason or on account of or growing out of s �work rk or its construction, the sai
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all` respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />txptnse, p tit or judgment recovered in connection with such claim or claims, action or actions. And if
<br />within ten days after any such action is begun, the city shall notifythe contractor of tine pendency thereof,
<br />thatl auy judgwient r4adered against the rikty +all be cencirsive against the contractor and agai€ tkst r r°°
<br />oia Ilia as' Is-6- a r an, adwr matters pertaining thcre:Wc
<br />And the contractor agrees to maintain said improvement and make auch repair$ as m4y be heat!§sary fot
<br />The period and in the rranne: as filmed by ;he arecifieatf�tis, and �� stt`ura ,e ma[�t�hae►►�li �fi� ttf�ll:
<br />t® a with the Board of vl _. Vlcwks a b cl with sumcicut surety thorean &ad lh ah ahl �t � ����.� the
<br />opeelfications. And in doer g such repair work tlke contractor and the autety o� his VIaththo Mod AMI
<br />oubject to the sarzie liability to the city and any ®+per-pers for tiny injury 6r ,dhmaK-e to ahy po s i
<br />eri y in the sais�, manner and to the she extent as is xed is flit la#t praecdjp� rail aplt" pg ei .thy �h
<br />struction work.
<br />A it is further agreed" by aal betwect-i sail f ;rtirs ttvq .t�c lie"pt&#ee of the wnrlf FoV1404 44F' lh $l §
<br />contract, or the payment thereof, shsil" not c :t: ti , Ntlivrr on tits et of tht 011y ®PAPV of too ROW
<br />lolls of this contract,nor sha11 it relRa3e staid ; or the stte€1`i1 b1i 46 itimA tea tip t�f h fhl p�tf�i =
<br />ance thereof; nor shall the aoccci.mz: -be pri k~;o r !r c,, the prrf€4i! _ i�� o1 nit p1€3�F?§1 h @i ilk
<br />cantract,"except to the extent of entitling the to tilt a nffact prt6a t}lptefof;
<br />The contractcir agrees to pay for all labor and i t ri is u"d of fu#-jl ed �€� bg vped lit Ag
<br />such improvement and in the performance of this c�tnact, whether ifte Or tuffiI56d 10f, hifhl nt h1g 406#1
<br />assignee, successor or subcontractor; and the city may reserve out o{ any tail `-4hr e 1< d@ off y Wa€t
<br />lit favor: of the contractor or assigns, or out ©f the aa;6 rat due 'fn of jig a §} ifp6 f ®gip
<br />of the work, so much as mad Icessary to pay all laborers or t t is" for , AhM fj 9_ fef
<br />work dune Or mdterials used or :urnished to be used in the pwr(or.-_:S ot tmg C trw i0d, of
<br />said warm, "d the county treasurer, acting as city
<br />@wiles Messed f®r said improvewcat to tom' " � br : t �� � � v. ;�� t_;fi e" 44
<br />d or sawgaiied
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