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59x6
<br />Board met in regular session at 9:00 A.M. All members
<br />present. ,
<br />d
<br />A Geo. A.. Davis, Commissioner �ofRldr-s, appeared before the
<br />Board and pegu.ested permission to close the .first; alley to the north of 629
<br />South Carroll Street for one half block north for,,a period of Ninety (90)
<br />days on account of. Building operations of Il. Inglewright. Same granted.
<br />H. D. Wertz of the H. D. Wertz Plg, & Heating Company appea
<br />appeared before the Board and requested permission top_ut sawer in alley_off of
<br />rm Harvey Street from Blaine Avenue to alley. Peission granted -to H. D. Wertz to
<br />place sewer in alley north of Harvey Street from'BlainaAv.aN.ue t,o _lst, alley
<br />with provision that a proper ma4hole `:bs placed,.. Same to be put in under
<br />City Engineer's supverision.
<br />t This being the date set for the deferred hearing on assess-
<br />ment Roll and final estimate for. Sheet Asphalt pavement on La Salle Avenue
<br />from W. end of River Bridge to west dine of Main Street,, under Improvement
<br />Resolution No, 1002, In the C-11V of South Bend, Indiana. In this matter the
<br />Board decided to defer 46- d--hearing until Wednesday December 13th.., 1922 at
<br />7:15 P.M.
<br />. F d W Kelly s e r d b f re th Bo d a d re. ues e
<br />Dayton Street and Mi on reef from LURr� our �'o Marine �iree be �aca e ,
<br />also Randolph Street from Mumford Court to Marine Street andthe'vacation of the
<br />west 36 feet of M-umford Court,, from Calvert Street i�o Dayton Street. Resolutions
<br />were ,ordered,prepared on above request.
<br />Bona and contract for grade and curb on Mumford Court
<br />from Dayton Street to Calvert Street was approved by the.Board and Fred W. Kella
<br />Keller requested that this improvement be held up for the present time.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement made and entered into this 12th, day of
<br />December 1922 by and between Whitcomb & Keller of the County of St. Joseph and
<br />State of Indiana ( Hereinafter referred to as the " Contractor"), and the City..
<br />of South Bend, in the Counter of St:, Joseph, and State of Indiana, by _and through
<br />its Board -of Public Works, (hereinafter referred to as the " City"- under and
<br />by virtue of an Act of the General Sssembly of the State of.Indiana, entitled
<br />" An Act Concerning Municipal Corporations, " approved March 611905, and all
<br />amendatory and supplemental acts thereto:»
<br />Witnesseth, that the contractor coven-
<br />ants and agrees to constbuctigrade and curb on Mumford Court from Dayton Street,,
<br />to Calvert Street, under Improvement Resolution No. 1071, in the City -of South
<br />Bendylndtami at and.for the following prices:
<br />845.1 n. ft. of curbing 6" X 7" X 16" per lin ft0,903,35
<br />1648 cu. yds, of grading per eu. yd.,,,, .60
<br />and to perform all work in the.prosecution of aaid improvement under and accordjV to the -terms and ce
<br />ditic s of Improvement jZes6htfidn No....�7opted byih3oar8 P�zblic of s.. ���+• 10,1922
<br />attd the plane, profile arid' 4pecifications on file in the office of the a aa.-tment.e 1?ublic Works,. w ee said',,
<br />t t utton, Plans, profile i'drd;speAcations are made a part Sereof as-duilyapS-4effectually as ;if-��led and
<br />set out herein at full length.
<br />The contractor further ex
<br />pres* covenants and- agrees -that in the prosecution of salt' work all proper
<br />skill and care will be exercised; that he --rli proper'.zT -•-rd and p_ o*_^_ct all excavations and dangerous places;
<br />and i„rill use all due and.proper precaution to prevent injury to ,ry person or property; that in the *veut Qj
<br />any injury or damage resulting from the Nv?r'._ or resulting from any Yratter nor thing-connecf_ed theFewitft or
<br />arising therefrom, to any person or property, he i-011 pay ar<l ligl date the same attlis-own�cpense; and, as-
<br />sume the.liability therefore and in the event of any claim or clairisbeing-made-ar any atf dn�& —a tions being
<br />brought against the city by.reasan or on account of or.growingontof s-.idNmrk-tor its in su lon, the saic'
<br />contractor wilt at his own expense defend the same, and vrill pay auy judgment redbvered-f&rhein, and will in
<br />all respects fully indemnity and -save harmtess said city, its officers, agerdsor- ftpresw-€€al'ves *orn alf cost,
<br />expense, payment or judgment recovered in connection with su fl claim or a aim�yst {fln er iftfion4. An4 if
<br />within -ten days after any such action is begun. the city shall notify the contractor --of the ptrndency thereof,,
<br />tbtn any judgment rendered against fhe city shall be conclusive against the contractor and againsfthe surety
<br />on his constructionAcmd, as to-fhv amount, liability and other matters pertaining tbereto.
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