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<br />Tuesday June 27th., 1922. Continued.
<br />All proceedings had and work done in the construction of said main sewer and its appurtenances, manner
<br />of assessment of property collection of assessments and issuance of bonds therefor, shall be as provided for in
<br />an act of the=General Assembly of the, State of Indiana, entitled "An Act Concerning Municipal Corporations,"
<br />in matters pertaining to the constitution, alteration and maintenance of public drains and sewers, providing for
<br />the construction, alteration and maintenance of such sewers and drains in such cities and 'within four miles.
<br />thereof, also providing for the assessment of property specially benefited thereby for the payment thereof; in
<br />whole or in part, and for the collection of such assessments; repealing all laws and parts of laws in conflict.
<br />therewith, and declaring an emergency, approved March 6, 1905i and all acts supplementary and amendatory
<br />thereto, passed by the General Assembly of the State of Indiana.
<br />I
<br />Notice of this resolution shall be published on the..:....2 .:9.::.
<br />p b$s ...day of. ...........fie.. 92 ......1912,
<br />' s sx� i rl e
<br />and on the ......... 6:#+�kl... . day, of .............. JX1y..1.922 .1912, in the South Bend Dailyelimes. his oar
<br />give ive a hearing on this resolution at its office in the City Hall on the...... 1,9th;:day of .
<br />� fly • �.g2
<br />-fit 7k5 P. M.
<br />III. Adopted this .....2.7t,}�.�. day of........... .W.Je�
<br />-B. SL4UQH` E4R
<br />P,0
<br />w_ •
<br />( � HARDY
<br />BOARD OF PUBLIC WORKS.
<br />; ERT Fe- ROM
<br />•
<br />Veronica C. Sweeney
<br />Attest: I VMMM= Clerk.of Board.
<br />MEMORANDUM: Two weekly Publications. Fix date not less than 25 days after first publication. Mail notice to each property holder affected.
<br />The following bona and contract approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This A reement, Made and entered into .this 24th. da of une 1922
<br />by and between Hoban & Roac of the County of St. Jose h and State of Indiana hereinafter
<br />referred. to as the contractor")* and the City of South Bend in then Co my o St.
<br />Joseph, and State or India , by and through its Board of Pubic Works, hereinafter
<br />referred to as the City I under sand b virtue of an Act. of the Gengra Asse bly o� the
<br />State o Indiana, entitled An Act Concerning Municipal Corporations, sa:pprove Marc
<br />691905, and all amendatory and supAlemental acts thereto :
<br />witnesseth, that the contractor covenants and agrees to construct
<br />pavement on the alley, south of . Division Street from Lafayette Street to Franklin Street,
<br />in the City of South Bemd, Indiana at a d for. the following prices:-
<br />96 cu. yds . of grading per c u. Ord . ...........4.35
<br />447 sq . yds.. of concrete pavement per sq . yd ...2.15
<br />4iid to Perform all work in the prosecution of Said, imp:^eVe4 , a t 4 a t�
<br />965 April 12,192 2.
<br />difforto of Improvalve t Rtsol+ttirm No - -- - - -- adopted by ika�
<br />€ nd .tht plans, profile a.n4 -specifica*ions on file in the office of the Departmcu :. ( Y QVk, 5, Wtq lh A
<br />resolution, plans, profile and -specifications are made a part hereof as fully-snd eftetually as It 0%*d anti
<br />set out herein at full lerwth.
<br />The contractor further expressly covenants and agrees that in the prosecution of said worts all proper
<br />Wit and care av;ll.i�r exercised; that he r?11 1 -onty!" ���. .,d p o"^ct all excavations and daugorovia plaeao,
<br />and will use all due and prover precaution to prevent injury m anv person or prnnerty; that in the evelll
<br />aYt injury or damage resulting from the w-)r'_ or res ultirb from anv matter or thin connected therewith of
<br />ar ping therefrom, to any person or property, he vr�11 pay an-i liquidate the same at his own a peuoe, and w
<br />sume the liability therefor; and in the event of any claim or claims being trade or any action or aeli®no bolt,
<br />htoltght against the city by reason or on account of or growing out of s,.id-wont or its construction, the oaf
<br />6ontractor will at his own expense defend the same. and will pay any judgment recovered therein, and will In
<br />rsll ragpects fully indemnify and save Harmless said city, its officers, agents or representativeo from all cost
<br />G pegs% pa went or judgment recovered, in connection with such claior claims, action or actions, And
<br />wit! feh lclaim or
<br />after any. such action is begun, the city shall notify the contractor of the pendency there. ,
<br />0A,:: u tsty judgv..Acrit r r'.r de , cC} K Sii< ti- *y slnall be conclusive against the contractor and against the surety
<br />t fin eta,tsc€a 4_, ?, c t tts� ar ,, v ...,, a y w-,d o*? r < tiers pert9�gi7x%lg thereto,
<br />And the contractor agrees to maintain said improvement and rzake such repairs as may be necessary fs„
<br />the period and in the manner- as fixed b-r the suecifica+ions, and to secure the maintenance and repair thereof
<br />to file with the Board of Puh;"Ac Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />Npecifications. And in doing such rep air work the contractor and the surety on his guarantee bond shall be
<br />subject to the sane liability to thz city and 1-ty ofd3er person for any injury or damage to any person or prop-
<br />(arty in the sam, manner and to the !§amc -:tcat ;s is fixed i2 the last preceding paragraph covering the coma
<br />.,t uction work.,
<br />A d it is further agreed by any, be l:� ? f• ;: t :is t%at the acceptance of the work provided for in this
<br />contract, or the payment thereof, shady ri; t c a waiver on the part of the city of w y of the provis
<br />ions of this con°tra.rt, nor' shall t r'CIeaSc ? r c)r the suet;e's csi his 4sond for the fai;Af'al perfo ra-
<br />ance thr-,xHof ; nor shall the acceptance be ME �_r^i�ince of tht pe,fd rnance of any p of thitt
<br />contract, except to the extent of entit+x g tn. c, r tvt to the contract price therefor.
<br />The contractor agrees to pay for all la oand ; terials used or fuxniohee to be used in t1ke making of
<br />such improvement and in the perforrnanee of t§.is ccrtract, whether done or fuYnished for him, or his agent,
<br />assignee, successor or subcontractor; and the c..ty may reserve out of any allo-orance ) ads: on racy estimate
<br />in favor of the contractor or h;- assigns, op out of the amoi t due him or kis assign upon the complertiov
<br />of the work, so much as may '�cessary t, pa,; all laborers or F a,te iai maxi for aw.-,u-ata due them for
<br />work done or materials used or furnishes` t�.) btlased in the of t�4s co_astcuct : nui the doing of
<br />said work, and the county treasurer, acting as. cit•r arc_:,>v er, m iay ret l s:. .; e , y c from propertyy
<br />w oners assessed for said irxmproe--we._ii to .y sn h . Cx,
<br />.id or aRtisfied
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