08/28/1917 Board of Public Works Minutes

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.In surd to comnlatlet're ceived from John :Hibberd about poles now standing in the alley north of.Washington avenue between Taylor Street and William Street, the X/ pole and wire inspector reports and recommends as follows and the same was approved by the Board. _ The Indiana & Michigan Elea. Co, he South Bend Home Tel. Company, the Central Union Telephone Company should build their underground work.in-this alley at once before the alley is paved. Each company should build hand holes between each property so that wires con in the future be brought to the houses entirely underground to allow this work to be done all poles now in use should be trenched jjN* into the private property. Cemetery Sexton Geo. M. 'Vrey appeared before the Board in regard to an increase in wages tothe laborers in the City Cemetery. The Board ordered that an increase io to +hirty cents (.30) per' hour should be granted to the laborers and mowers in the City Cemetery. Th following communications were received read and placed on, file. Aug. 22nd. 1917. Board of Public Works, South Bend,, Ind. Gentlemen: - ✓ I have examined the contract prepared by your Clerk for submission to the White Construction Rompany covering the Mishawaka Avenue and Eddy Street improvement. the same seems to be in proper form excepting that it is not dated, does not .contain any clause stating when the work is to be completed, and it does not state whet brick are to be used and the price of the same. The Street railway Company agreed to pay for t#e space occupied by its tracks only on condition that you cause said space'to be paved with Metropolitan brick or some other equally as good brick. I suggest that. you take it up with the Company and,see whether they will agree that . that the brick stated .i--n tha White Construction Company's -bid is equally as good as Metropolitan. And there should be such a finding in your minutes as to the brick bid upon. In the above opinion I have assumed that the engineering and construction data are correct. 'ours very truly, E. F. SEEBIRT, Aug. 22nd. 1917, Board of Public works, South Bend, Ind., Gentlemen: - 'our President has referred to me the notice heretofore served on the Chicago, South Bend & Northern Indiana Railway Co., to repair pavements which their right of way occupies. Ordinance No. 696 granting the predecessor of said railway a franchise, and all the subsequent franchises in effect, provides that said Company shall make repairs and that upon failure to do the same after five days notice from said City to do so, the Common Council shall have the right.to cause the removal of dirt, filth and obstruction to be made and collect the cost from said Company. Ordinance No. 871 provides that after give days notice to make repairs, the Common Council shall have the right to cause said repairs and improvements to be made and collect the cost from said Company. This last Ordinance probably requires the Company to repair and enables the City tomake the same upon failure of the City and collect the cost. It is well settled that where a notice is required 1by law to be given to a person to do a particular thing, the notice must be sufficiently definite to inform the person what he is expected to do, and when he has completed the thing ordered to be done, notice served on the Company orders it to repair the pavements on its right of way" that need such repairs in the City of South Bend. If this notice is ssuftie lent the C i#y might tear up the entire system of the Company and recover the cost, and it does not give the Company an opportunity to have determined whether a repair is in fact needed.