06/26/1908 Board of Public Works Minutes

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17, Friday June 26th, 1('OS. The Board met in regular sessionat 10 A. M. Mr. Papczynski absent. Bond of -James Nelson Filed and approved and contract signed for the grading of St. Peter street. Hearing on Declaratory. Resolution No. 549 for Trunk- Seweron Meade, Huron tic Olive streets was deferred until July :-.10th, 19097 .t 10 A. 14.' Hearing given on Declaratory Resolution No. 549 for Trunk Sewer on Prairie avenue from Kemble avenue to Lincoln street. In the above matter no remonstrators appeared and no remonstrances were filed. The Board therefore find that in each and every case in said improvements that the benefits 6 to the property and to the City of South Bend are equal to the estimated cost of said improve*ents and the same are hereby in all things ratified, confirmed and approved. Engineer filed estimated cost of Prairie avenue Trunk Sewer.... $1,92000.00 Be it resolved that notices be published in the South Bend Daily Times on the 26th day of June and on the 3rd day of July, 1909, to the effect that this Board will receive bids for said improvements -up to 10 A. M. on the 14th day of July, 1909. The Board reserves the right to reject any or all bids. Bond of. Barber Asphalt Paving Company filed and approved and form of contract signed for the nest Washington street Asphalt Pavement under Imp. Res. No. 550. The Board having under advisement the question of repairs on the W. Washington street asphalt pavement and the differences between the city and the Barber Asphalt Company as to their liability for repairs -under their bond given in connection with said work and the Barber Asphalt Paving Company having proposed to pay the City the sum of twenty (20/) cents per square yard of such pavement in satisfaction and to secure the release of said company from any further duty to repair said street,which sum shall be deducted from the amnunt due said company under its contract for the repavement of said street, and it appearing to the Board that it is for the best interest of the city and interested property owners to effect such adjustment it is therefore ordered and directed that the Mayor Of the City be and he is hereby authorized and directed to execute on behalf of the City the following contract: This MEMORANDUM OF AGREEMENT, entered into between the BARBER ASPHALT PAVING COMPANY a corporation organized under and pursuant to the laws of the State of West Virginia, a� hereinafter referred to as the COMPANY, and the CITY OF SOUTH BEND, a municipal corpor- ation organized and existing under and pursuant to the laws of the State of Indiana, here inafter referred to as the CITY, witnesseth that WHEREAS, heretofore, in the year 1999, the COMPANY constructed an asphalt pavement upon WASHINGTON STREET in 7-aid city from Michigan street to Walnut street, and WHEREAS, the contract pursuant to which said pavement was constructed guaranteed said pavement for the period of ten (10) years, and obligated 1.1he COMPANY to maintain and keep such pavement in repair during that period, and WHEREAS, such period of guaranty is now about to expire, and WHEREAS, the sum of approximately Fourteen Hundred Dollars, owing to the COMPANY, is retained by the CITY to secure the making of said repairs under said contract, and WHEREAS, said street, at this time, contains many holes, cavities and depressions, and is in need of considerable repairs in order to make the same conform to the prov- isions of said contract, and WHEREAS, the COMPANY contends that the provisions of said contract which obligate the COMPANY to keep said street in repair are illegal and invalid, becuase of effect of such provisions was to charge the cost of repairing such street against the abutting property owners thereon without authority of law, and WHEREAS, the COMPANY -denies its iability to make repairs to said street for the additional reason that the ;specifications furnished by the CITY for the construction of such pavement were defective in calling for an inferior grade of natural cement concrete foundation, and WHEREAS, in any event,. the extent of the liability of the COMPANY is to repair said street by filling in such holes and depressions as now exist therein, and