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HomeMy WebLinkAboutEncroachment - 1702 N Elmer Street1316 COUNTY -CITY BUILDING 227 W. JEFFERsoN BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 14, 2017 Gabrielle Robinson 1012 Riverside Drive South Bend, IN 46616 RE: Encroachment into Public Right -of -Way — 1702 N Elmer Street I�f FAM,1.'3iorTefi11 PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on February 14, 2017, approved your request for the installation of an Indiana Historical Marker recognizing the Better Homes of South Bend Cooperative organized by Studebaker employees to build homes for African -American employees in all -white neighborhoods at 1702 N Elmer. This encroachment was approved subject to placement not blocking site area and not overhanging into the curb or sidewalk. Enclosed please find a copy of the permit. The encroachment will be permitted to remain and continue until such time as the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon. Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of that portion of the right-of-way. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Jim Markle, Building Department GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: TO: att Longfellow, Division of Engineering YFederico Rodriguez, Fire Department harles Bulot, Building Department arry Magliozzi, Area Plan Commission ( Chris Dressel, Community Investment Ed Glecker, Traffic and Lighting FROM: Linda M. Martin, Clerk SUBJECT: ENCROACHMENT RESO MENDATION LOCATION: 1702 N Elmer Street DATE DUE: 12/20/2016 FAX OR E-MAIL TO: 235-9171 / ImartinAsouthbendin.gov RECOMMENDATIONS AND COMMENTS: By Date 12/13/2016 To ENCROACH ONTO PUBLIC RIGHT-OF-WAY THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PRIOR NOTICE Date: Location of Encroachment: / 70.2 Al. Z:1: we.1 -' / PROPERTY -OWNER'S INFORMATION Business Name: Address: City/State/Zip: Signature Print Name: Business Name: S7Y Address: 302 26s� City/State/Zip: Signature Print Name: Encroachment Description: INSTALLER'S INFORMATION St2d rt' -4e- Polol'yi-�bvl Cl/? k('VeeY-Si0(8 2A, lhdJavta g('51'06'1; &at-lfe-y' Size of �����//� / CL Road to R/W Line Encroachment 9" �rifD(�PJsP1i Can �l-t-r Distance ofR/W The above information is to the best of my knowlec way. 4-11 Of - O[,t` A Placed By: This Encroachment should not be relocated because Amount in R/W accurate and correct with regard to�� the encroachment BGlcat /S �.Ef1'j4 _ L � m SI<. It has been determined that this encroachment in no way impairs the highway or with the free and safe flow of traffic thereon, and it is recommended that the encroachment be permitted to remain. X /h-t10ARD S APPROVAL t� AV P IC � President Member Me er ) cl!�-- Member Member Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 9 Fax: (574) 235-9171 9 E-Mail: publicwks@southbendin.gov REVOCABLE PERMIT se rnd, off, �o »i RECOGNITION OF ENCROACHMENTUPON CrrY OP SOU"I'H BEND -CONTROLLED J"'' PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME /ml ok i l Company Name: (/Ue, Herein, "APPLICANT". The encroachment will be permitted to remain and continue tinder the following terns and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND (CITY) shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shalt not in any way prejudice or preclude the CITY'S rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) fit consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense caused by the sole negligence of the CITY. This approval shall be binding upon everyone pastor present, claiming any interest in and to the aforementioned encroachment ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. Submitted By: (�G✓rLlaE /�L%OJ%/(/I,iUh Signature:%] Date: 12, 12, -2 6 BOARD OF PUBLIC WORKS APPROVAL President Member Me Per Member Member _qN Date Updated 6/22/12 V: Better Homes struggled for over three years. Banks refused mortgages, contractors changed prices and did not build to code, and the city moved slowly on sewer installation. Led by Attorney J. Chester Allen and their president Lureatha Allen (no relation), they persevered. Sources and where found: Minutes Jan. 5, 1952, Minutes Jan. 5, 1952, Minutes June 20, 1952, Leroy Cobb's private papers. People involved are more outspoken. Nola, daughter of Pres. Lureatha Allen and then a law student, said in 2015: "Nobody wanted them to build on that land." Phone conversation with Gabrielle Robinson quoted in Better Hontes of South Bend, p. 71. VI: Attorney Allen was all too familiar with defeats. It took 19 years to get the Natatorium opened to African Americans. As State Senator, Allen introduced House Bill 445 in 1941 against racial discrimination in employment in factories with war contracts. The bill was defeated. Sources and where found: Natatorium, website of Civil Rights Heritage Center. The Story of House Bill 445: A Bill that Failed to Pass, Indianapolis Chamber of Commerce 1941. VII: In the end Better Homes succeeded in building 22 homes on the 1700 and 1800 block of N. Elmer Street, in a sparsely populated but all white neighborhood. And they made history. As DeHart Hubbard from the Cleveland FHA told them: "We would go down in History as the first coop in Indiana to sponsor such a successful adventure." Sources and where found: Minutes of March 10, 1951, Leroy Cobb's private papers. The first African American building coop in Chicago started 10 years later in 1961, email from the Newberry Library Chicago.. VIIl: Their achievement is even greater since they created a vibrant and peaceful community and raised a successful next generation of engaged citizens. Half the children of Better Homes earned college degrees, becoming teachers, principals, a dentist, librarian, lawyer and more. Many other professional African Americans moved into their neighborhood. Testimonies from children of Better Homes, June -July 2016: Brenda Williams Wright, Nola Allen, Kathy Bingham. Leroy Cobb on meaning of Better Homes, July 12, 2016. IX: Better Homes shows African Americans not merely as victims of white oppression, but as courageous, resilient, and resourceful actors in their own right. They stuck to their mission through all setbacks and held together "like family." Their example teaches us that social change is possible through organization and democratic cooperation. Leroy Cobb says repeatedly: "We were just like family." See also Better Homes of South Bend, pp. 128-132. X: ht 2013 Better Homes inspired a group of neighbors from that area to create the Far Northwest Neighborhood Association and work toward revitalizing the neighborhood. Thus the work of the Better Homes group is bearing fruit over 60 years after its initial success. Sources and where found: "Better Homes of South Bend: A Lesson in Community Development from the 1950's." Public Meeting of the Community Forum for Economic Development, Feb. 2013. Announcement of meeting Feb. 2013. XI: The Historic Marker will commemorate this achievement and serve as inspiration for the future. In conjunction with the unveiling, we are planning the premiere of a documentary about Better Homes and its effect on subsequent generations. And the Marker itself will make history by being the first in South Bend dedicated to African Americans. Allison Bethune about the documentary, e-mail June 23, 2016. HMDB.org website for markers in St. Joseph County. SMI, cG 'Willng Cap ;A (liv ry?. (1) vite g to n, a, i P o s I cross-sec-1,9041