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I would advise that you'notify Mr. Brazy to remove this dirt
<br />within a limited time and if not dgnes that he be -,prosecuted for violation of this
<br />ordinance. In view of his attitude toward the Bu.ileling Commissioner;; an officer
<br />of your department, which has made it necessary for us to 'prosecute him for .the
<br />violation of the Building Code, it scribes me that itswould be a good ides to find
<br />out whether Bracy is -running -the City, You may send a copy of this letter to him
<br />if you desire.
<br />Yours truly,
<br />L. W14 HAMMOND
<br />LWH-FRS. FILED City 'Attorney
<br />NOV. 811922.
<br />BOARD OF PUBLIC. WORKS b
<br />BY L. B. SLAUGHTER
<br />- President.
<br />Inspector reports as follows'on petition for bled. lights on E.
<br />Victoria Street from Fellows Street tq South Michigan Street*.- The are light near
<br />the corner of Michigan Street a»tx be reset to the corner,nf Proper as the light now
<br />stands about 15 feet too far north not taxes enough paid from this street to allow
<br />Boulevard lights. Report approved.
<br />The following bond and contraet approved.
<br />- PUBLIC IMPROVMIENT CONTRACT.
<br />This Agreement, Made and.entered into this third day of November
<br />1922-by and between Hoban & Roaeh of the CouiLty of St. Joseph and State of Indiana
<br />(hereinafter refarred to as:the -" Contractor"), and the City of South Bend, In the
<br />County of St. lo.s.eph, and State of-Indiana,,by-`and through its Board of'Public
<br />Works, " hereinafter referred toas the " City")s under.and by virtue of an,Act of
<br />the General Assembly of the State of Indiana, entitles'? " An Act, Concerning Municipal
<br />Corporations., '" approved March 6,1905, and all amend&Vdry a"nd suppla"$aaets
<br />thereto ,
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />pavement 'On the alley west ,of William Street from Wayne Street to Division Street,
<br />under Improvement Resolution No. 1059 in the City of -South Bend, Indiana -at and for
<br />the following prices:;
<br />245 cu. 3eds. of grading per cu, yd..........:...11.25
<br />640 sq.:yds, of concrete pavement per sq. yd..., 2.45 '
<br />and to porform all W reseeutiomet said men under and acaolcti �pu�►al� o� ,
<br />e t6122
<br />�111ooS •' �lo�e��t peon• i�a.:-105��opted'fi�r �4e Board of Pabii� 9 •
<br />a t 1l'w a prate attel` cations on -fle trz the office of the Department of Public ,'lrlf 0! i; w �
<br />®( tilt ll, °p11 rofile s ece`fications are made a part hereof as and ef%c ua oop}ad i
<br />Set out hereli at full long. th.
<br />'1te eo traef®r further expresso covenants and agrees that' ' ie'�proeecsti r ss ! `Vvci ail tepee
<br />111 apd Bare vAU he exereis-wd;tfiat he will prop r1,= -��- _ a: p o*��t all excavatioM atI44XV us piaceB
<br />and wi11 ttse all due and proper precaution to prev. nt injury *,:i =ny person or pronerty;tltat In the event .
<br />afl bury or date rsresulting from the w-)r _ or reslFltirg from a~y matter,or *iNg conneard the ewhh ®:'
<br />Ing therefrom. to any pers�,n or property, he volt pay and lid *idate the same at ift own expense, and ias,
<br />#unit The 116111t4 therefor,�&nd in the event of any claim or claistts being made er axi'T acts or aetlons be -I"
<br />y tight alloIitit Efts *R7--kya1easAn 70r tm-2ccount of or growing out ois-.id evorl{ v its tconwuct10n, the 6ai.
<br />totrittor mill at hk own Verse defend the same{ and -will .pay any- judgment recovered iherain, and will In
<br />E b l e@t® 11 dtrnn r atit, save 64 mless said city, its officers, agents. or representatives it all cosh
<br />'i�@liba, �!! �! R�'�n$ sn connection with sash claimer c°hims, actl�tt o� aetl�, �. d �`� .,
<br />'iH #@tl�� g11t���aitet! acttow is�e�un, the ciil shall notify the r�iractor.tsf: cite pendersey tbe�ee�y
<br />1dl�a ► �!l►�ltiatl! �itd � the ct'ty shall be conclt±siee against t'he contractor and agsiust the surety► . .
<br />� �Ohatt`ilCtl6a ��►� � .� lhy atnouat, liability and other sustters peFtaini�g tizereto.
<br />And the contractor agrees to maintain said improvement ara mane such re -pairs as may be necessary fbi,
<br />the period and in the manner as fixed the s Pcifications and to secure the maintenance and re
<br />p Y t' pair: thereof
<br />to file with the Board of Public Works a bond with supicient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shalt be
<br />subject to theAame liability to the city a -ad any other person for any injury -or damage to any-pers,:m or prop-
<br />erty in the -same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />Estruction work.
<br />&.3 it is furthtr agreed by and between said party s that the acceptance of the work provided for im tl is
<br />contract,, or the payment thereof, shall not constitute a waiver on the part of the city of any of the prgvis
<br />ions of this contract, nor shall it. release said ecritractor or the sureties on his bond for the faithful perlorni-
<br />ance thereof; nor shall the acceptance be pritra facie evidence of the perfornince of any provision of this
<br />contract; except to the extent of tntitlina the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnislied to be used in the making of
<br />such improvement:and in the performance,of this contract, whether done or furnished for him or his agent,.-
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or a-' assigns, or out of the amount due him or his assigns upon the completion
<br />of the wcxk, so -Feud:as ma, cessary to pay all laborers or =aterias men' for an. ounts due them for
<br />work done. or materials used yr ruruished to be used in the performance of -this contract and the doing of
<br />said work, arid' the .wunty trf, asuret, `acting as city treasurer, may retaitl fnouey collected from propertyowners assessed for said improvement to pay such debts or until the contractor shows that they hays been
<br />Oaid ar ;satisfied
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