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The f albs ing pct it ion f iled May 28th.. ,1920 was read and placed <br />lion f ile no act ion to ken. <br />BEF ORE THE BOARD OF PUBLIC W OR IDS <br />C ITY OF S OUTH BEND, IND IANA . <br />IN THE MATTER OF THE IMPROVEkENT <br />OF WEST SAMPLE S TREE T . <br />PETITION OF WHITE CONSTRUCTION C OMPNNY. <br />C or+e•s new to White Construction Company and respectfully represents <br />to your Honorable Body that said Construct ion Company Was the successful bidder for <br />the work of . pav ing West Sample Street from We lnut Street to Olive Street under Improve <br />ment Res olut ion No.611; - and that sa id C onstruct ion Company duly executed the con <br />tra,et f or sa id work anal f filed its b6nd thereunder; that at the t ime sa id c ontract was <br />let, there existed a pronouced sentiment among property owners on said Streat that the <br />street ra ilway tracks of the Chicag im South Bend & Northern Indiana Railway Company <br />should be extended westward on Sample Street to the intersection of Olive Street; <br />that the plans and s pee if seat ions f inally adopted by your Honorable Body provided <br />f or the extcns ion of sa id car tracks to the intersection of Koss iuszko Street only; <br />that at that ime of the execution of said contract the repeesentaive3 of said construe- <br />t ion Comp ny were advised that certain property -owners on said street were displeased <br />with thafa ilure of your Honorable Body to raquire said car tracks to be extended <br />westward to Olive Street and threatened litigation, interfering with the pterformance <br />of said contract until the subject matter, of said car tracks was finally determined•, <br />that at said time ite C or struct ion Company jha lei contra is for the improveement of <br />other streets in the City of South Bend, that at said time in a conference with <br />the Board of Public Works of the City of South band, it was suggested that in view <br />of said controversy, it was! the wish of said Board that said Construction Company <br />proceed upon other streets '-in the City of South Bend and delay the work of impr ov ing <br />Sample Street unt il. later in the season; that at said time said Construction Company iris <br />caused to be plan ad upon Sample Street a large amount of material a d was in readiness <br />to proceed immediately witli the improvement of said Sample Street; that thoother <br />streets improved dur ing than year 1919 and which the request of your Honorable Beard <br />was give Priority aver Sample Street were Xouth bend Avenue, Lincoln Way West, Ford <br />Street and Huron .Streets and work upon Miami Street; that in the process of its work <br />on said last named streets delay were encountered which could not have anticipated <br />and which would not have injur ious ly affected the operation of said Company- had it been <br />permitted to complete the z1D Sample Street work in a timely manner; that by reason <br />of the shifting and c rang ing of its program of work done s pee if ica l ly .at the request <br />of your Board and of delays encountered in other work, aaid'..contraction Gemp.any was <br />finable to accomplish the paving of West Sample Street -'during the year 1919; that after <br />the letting' of ,said contract under said Res olut ion No. 11 and during the ' summer and fal <br />1919, inf ormat ion concerning the proposed expansion of the Oliver C hilled Plow Company <br />adjacent to West Sample Street was made public and at a confe.•onoe with your Board, <br />the White Construction Company was given to understand if said d*yelopement <br />was of the magnitude indicated, the judgement of the Board with reference to the <br />3xtens ion of the car tracks westward in Sample' Street would probably be changed <br />and that it would be for the best interests of the City and the property owners on said <br />street that the original demand of the property owners with reference to the further <br />tension of said car tracks be given reconsideration; that desiring to cooperate <br />with. your Honorable Body in said matter of public pplicy and by reason of the delays <br />above referred to, no wrok has been done upon Sample Street and that material contracts <br />ffective for the year 1919 under which said street was bid have lapsed and if the <br />work is now to proceed it would necessarily be. highercosts0 both as to material <br />and labor than would have prevailed if the Company has been permitted to pros aed with <br />its said contract in an orderly manner during the summer of 1919 and tkat a hardship <br />and substantial loss wojld be visited upon said Construction Company if it be required <br />to accomplish said improvement at this time at the now prevailing costs. <br />