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Home My WebLink About02/29/1928 Board of Public Works MinutesWednesday, February 2941.1h., 1928. I II Board met in regular ,session at 7-I5 P. M. John J. Ole jni.cza ii absent. This being the date set, hearing was had on Improvement Reso- I lotion NoI988 for the pavement of Lafayette Street from Calvert Ctreet to Awing Avenue. i In the above named Improvement Resolution No.I988, no remon- lstrators appeared and no written remonstrance was filed, and the Board being fully advis .' ed in the premises,.rinds that the benefits to the several lots and parcels of land, liable to be assessed for said improvement, are equal to the estimated cost of same as reported by the City Engineer, and therefore, takes final action on said improvement resolution as originally adopted, the same being in all things ratified, confirmed and 'approved without modification. This being the date set, hearing uas had on Improvement Resolution No.I987 for the construction of a local sewer in FOX Itreet from South-east Trunk Sewer to Sampson Street. i In the above named Improvement Resolution No.I987, no remon- i strators,appeared and no written remonstrance was filed, and the Board, being fully ;advised in the premises, finds that the benefits to the several lots and parcels of 'land liable to be assessed for said improvement, are equal to the estimated cost of e' same as reported by the City 1�tjgineer. The Board, therefore, tales final action on 'said improvement resolution as originally adopted, the same being in all things ratified, confirmed and approved without modification. In the matter of Improvement Resolution Ro.I987 for the construction of the local sewer in Fox 'street from the ''ouch -east Trunk aewer to Sampson Street, the Board, hereby orders that on the 20th., day of Karch, 1928, this Board will receive, open and read sealed proposals for the construction of said improvement up to 10:00 A. M#m The Board further orders that notices of said proposals shall be published on the Cth. , day of L�'Iareh and on the I5th. , day of March, I928, in the South Bend News Times and Tribune, according to law. In the matter of Improvement Resol Ltion T1o.I988 for the construction of the bavement improvement on Lafayette Street from Calvert Street to Ewing Avenue, the Board, hereby, orders that on the 3rd., day of April, 1928, this Board will receive, open and read sealed proposals up to I0:00 A. M. , The '.Board further orders that notices of said proposals shall be published on the I6th. , day of march and on the 23rd., day of March, 1928, in the South Bend News limes.and Tribune, according to law. City Engineer, H. G. ;gray, filed tabulation of bid for the construction of Sewer in Kenmore Street from Ford Street to Sample Street and in Sample Street from Kenmore �'treet to a point 1000 feet west, under Improvement Resolution No 1996. Northern Indiana Construction Co., 139203.50. Bids having been received frr the construction of sewer in Kenmore Street from Ford to Sample and in Sample from ienmore to a point I000 feet west, under Improvement Resolution No. I996, the Board this 29th. , day of February, I928, here- by .awards the contract for said improvement to Northern Indiana Construction Co., at their bid of )13,203.50. City Engineer, H. G. foray, filed pafttial estimate No.7 from January 24th. , to February 29th. , I928, inclusive, on material in place in trench and on material not in place but along the line of sever, '-mown as the Northwest Trunk 'ewer System, in accordance with the terms of the contract between the City and Dunnegan Con- struction Co., contractors, under Improvement Resolution No.I774. The Board signed and approved same in the amount of $88, 932.35. The Board signed the certificate for the �)unnegan. Construction; Company for the amount of the above estimate No.7. The Board approved the installation of the following lights; ,.upon the recommendation of yam.. F.-,ualls,Superintendent: 4000 lumen light, pendent fixture, mast arm construction from overhead ' wires at the intersection of :Yoodlawn and Inglewood Place, at a cost of 45.00 per year. 4000 lumen light, pendent fixture, mast arm construction, from' over head wires, at the intersection of Oakwood and Inglewood Place, at a cost of 45.00 per year. i RESOLUTION REFERRING TO INDENTURE OF CHICAGO SOUTH SHORE & SOUTH BEND RAILROAD i B H RING DATE OF APRIL 25th. 1927 • Comes now the City .Engineer and reports to this Board with respect to the indenture of the Chicago, South Shore and South Bend Railroad bearing 'date of April 25th.0 1927, and states that the method of corssing-the real estate 7ednesday February 29th., I928`. 0 • 0 U • i described in said indenture belonging to the Chicago South. Shore and South -fiend Rail. r-dad., for the purpose of constructing the Northwest Trunk sewer, to -wit, by the method of tunneling, is on accom-id of ground conditions, which since that date have come to his obs:ertaation and attention, and were un_�:nown to him or tb.._this Board on -1pril 25th. , I927, is impracticable, not in -accordance with good engineering practice, and practically impossible of performance; and, further, that in his opinion the tunneling method described therein is not consistent faith the contract heretofore entered into by the City of South Bend with the J. J. Dunnegan Construction Company for the construe ion of the Northwest Trunk' Sewer across said rail -road property, which contract was entered into on Larch 23rd., 19274 Mr. Kuss now offers the following resolution and moves its adoption. "-Thereas, this Board hasl heard the report of the City -'Ihgineer with refer ence to the impracticability of constructing the Northwest Trunk hewer across the prope of the Chicago, South Shore and. South Bend Railroad by the method of tunnelinggdescribe in the indenture of said railroad, bearing date of April 25th. , 1927. Novi, therefore, be it resolved that this Board confirms and, approves said report and finds that the fac therein contained are true, and that the rights granted to the City by said indenture a valueless to the City. Bend Be it further resolved that the City of South elects not to exercise the right of crossing the property of the said railroad granted by said indenture of April 25th. , 19271, under the conditions therein set forth, and that, therefore, said indenter and the rights :therein granted are now surrendered to said railroad and the Clerk of this Board is now ordered to return to said railroad the said indenture." The above resolution was duly seconded and upon being put to vote was carried unanimously. SUPPtIWENTARY PROCEEDINGS TO COND3,UTATION RESOLUTION NO.I769 of JAi?UARY 4th. , I927. Trir. Kass presented the following resolution and moved it's adoption: 1j, "I.Ihereas, it -has come to the attention of this Board that the proceedings on the Condemnation Resolution Tdo.I769 of January 4th., I927, are defective in the following particulars, to -wit: That the assessment roll under said resolution, here -to - fore ordered to be prepared at a meeting of this Board on June 2Ist., 1927, does not comply with the statute in that the roll of "all owners 6r holders of property and of interests therein sought to be taken or injuriously affected' does not correctly descri e by name the 'names of all said owners and holders of property so sought to be taken or injuriously affected', and in that said assessment roll does not 'set forth vdith reasonable certainty, a description of each piece of property belonging to such persons, and to be taken or to be affected either beneficially or injuriously', and Whereas, it is now necessary that supplementary proceedings be had for th": purpose of curing the said defects of said assessment roll. Nowt therefore, be it resolved that this Board now orders that a list or roll be. prepared of all oimers 'or holders of property and of interests therein sought to be taken or to be injuriously affected by, under, and in pursuance to said Condemna- tion Resolution No.I769 correctly describing with reasonable certainty each piece of property belonging to such persons, and ,correctly naming the owners of all the property so sought to be taken. Said resolution upon being put to vote was carried: unanimously. Comes now the City Engineer and reports that in pursuance to the above order -,of -this Board, he has caused to be prepared and completed an -assessment roll under Condemnation Resolution Y.,n.1769, and he nog:_. files the same with this Board. It was thereupon, upon motion duly made and seconded and unanimously adopi ed, resolved that said list, together with the amounts of benefits and damages and net benefits and net damages therein set forth as .to the several parcels of land, be adopter and that the respective amount of benefits contained in said list be and are hereby i assessed against the several taactd of land as speeifieially set forth in said Ist and that the respective amounts of damages contained in the said list be and are hereby awarded to the several tracts of land as specifically set forth in said list, and that net benefits or net damages, as the case may be as to the respective tracts of land, contained in said list, are hereby awarded or assessed, as the case may be, to the said several tracts of land. The Board, hereby, further sees off the benefits and damages, each against the other, where both benefits and damages are assessed. against the same piece of property, tract of land or interests, d _-eriaby fixes the said respective net benefits, as the amount that shall be paift by the respective owners as benefits, and further• hereby, P g fixes the respective net damages as to the several tracts as the amour that shall be paid to the ownery of the respective tracts as damages. Bend r,ER gS� sb,aements have heretofore been granted to the City of South the Motor Industries, Inc., with respect to their respective tracts and by the trustees under the last will and testament of Clement Studebaker, deceased, with !' respect to their respective tracts, which easements the City of South Bend is able to use as herein stated. Now, therefore, be it resolved that the easements across the tracts of #;ednesday, ""ebruary 29th. , '7928. i lands of said respective parties herein sought to be appropriated be taken as comple-1 mentary to the aforesaid granted easements and not in derogation thereof; and i� j Whereas, certain owners of tracts along the Line of the lands sought to be appropriated have heretfore been tendered and have accepted the damages awarded to them under the previous Proceedings hereunder; Now, therefore, be it resolved,_ that such damages so accepted shall be in lieu of azxy damages to that extent in this supplementary proceeding to the extent of such payments, and that by this supplementary proceeding there shall not be a duplication of awards for. the same damages; Resolved, that the City _%,gineer be, and is hereby instructed to designate on the assessment roll prepared by him under the supplementary proceed-ings,', the, property owners who have heretofore been tendered and have accepted the award of damages under previous proceedings. ?'hereupon, upon motion duly rude and seconded and unanim. o.usly adopted, the 14th. , day of Torch, 1928, at 7-15 P. 1%. was fixed as the day and the time, on which this Board will reeeive or hear remonstrances from all persons ,Frith regard to the amount of their respective awards or assessments, and the Clerk of this Board is instructed to prepare and cause to be duly and legally given, notices to the owners of each parcel of property, showing the amount of the assessments or awards, with a description of the property affected, and the date of said hearing. Lieeting adjourned at 9-30 P. Y_. attested: ToLbtof the 'Board A • • :7 •