HomeMy WebLinkAbout04/03/1928 Board of Public Works Minutes3F?
Tuesday, April 3rd., 1998.
Board met in regular session at 9 A. T`. All members present.
jj Minutes of meetings held March 27th. , and Larch 28th. ,- 1928, read
I and approved.
City Engineer, H. G. Wray, filed plans and specifications and
estimates and: the Board adopted the following improvement resolutions:
IiImprovement Resolution No.2029 for the pavement on `'ollege "'teeet
from the south line of Vassar Avenue to north line of Humbolt Street. (See files for
resolution.)
j Improvement Resolution No.203I for the pavement on Brookfield
Street from south line of Vassar Avenue to the north line of Humbolt Street. (see
files for resolution.)
In both of the above named improvement resalutions and in improve
jl men.t resolution No,2028.and No. 2030 for sewers on College and Brookfield Streets
from Vassar to Humbolt street, respectively, property owners waived all objections
on and in defense to any defect in said proceedings amd to any, violation in procedure for the construction of street improvements as fixed by law. 14hereupon the Board,
received, ope#ed and read bids as follows:
Bids for the construction of local sewer on 1%ollege street betwee3
Vassar Avenue and Humbolt Otreet under Improvement resolution No.2028.
Bid of John F. Hipskind.
12 inch 8 inch 6 inch L�an.holes comrlete
1.70 .90 .80 75.00
Bids for the construction of local sewer on Bro oke fi led metre e t
between Vassar and Humbolt ''treet under Improvement Resolution No. 2030.
Rid of John F. Hipskind.
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12 inch 8 in-ch 6 inc h Manholes complete
I.70 .90 .80 75.00
This being the date set bids were received opened and read
for the construction of pavement on Webster 'street from Indiana Ivenue to Prairie Aven
ue under Improvement esolution No.I942. •
4illiston Oonat. Co. Albert Oonstruct. Qo. Rieth Riley Oo.
concrete walk .20 .20 -
concrete curb .60 .60 .60
zparginal curb .40 .40 .40
grading I.00 .90 I.00
sheet asphalt 2.72 2.68 2.72
asph. concrete 2.57 2.53 2.56
storm water inlets 12.50 I2.50 12.50
reset. inlets 3.00 3.00 3.00
reset M. H. C. 3.00 3.00 3.00
'hater conn. 1. s. 27.50- 25.00 20.00 •
1Jater cone s. s• 20.00 18.00
sewer Conn 1.50
8 inch pipe I.00 I.00
remov.. inlets 3.00 3.00 3.00
This being the date set, bids were received, opened and read
for the pavement of the alley between Lots I29 and I30 in "ushing and Lindsays -'�-dditio
ffrom- Portage 1*ven-de to alley west of Portage Avenue under Improvement esoluti on No.
I948. Bids as follows:
E. T. Tranb erg H. N. Barnes Snyder Oo. Carl Zimmer •
grading I.00 I.00 .90 1.30
concrete pavement 2.38 2.50 2.40 2.60
This being the date set, bids were received, opened and read for
the construction of -pavement on College Street from Elwood Avenue to Keller Street
under Improvement Resolution No.I983. Bids as follows:
•
Tuesday, Aril 3rd.,
1928.
00
[7
_i
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Rieth Ailey 00.
concrete walk 20
curb .50
mar. curb i40
grading I.00
sheet asphalt 2.55
asph.'concrete 2.47
storm water in.I2.50.
reset inlets 3.00
reset me h. a. 3.00
water cone l.s 29.70
water conn. s. 24.00
8 inch pipe I.00
s.ew e r conn
Albert Const. Co.
.20
.50
.40
I,00
256
2.45
22.50
3.00
3.00
30.00
23.00
I.00
1.50
Williston Const. Co.
20
.50
.40
100
2.52
2.39
12.50
3.00
3.00
29.50
23.00
I.00
This being
the date set, kids were received, opened
and read for the
avement on Lafayette
Street from Calvert
Otreet to wring 'Ivene under Improvement
esolution No.I988. Bids as follows:
Reith -ailey Co.
Albert Const. Qo. _
Williston Const. Co,
concrete walk
.20
.20
curb
.50
.50
.50
marginal curb
.40
.40
.40
grading
.94
.90
I.00
sheet asphalt
2.68
2.68
2.72
asph. concrete
2.52
2.53
2.57
storm water inlets
12.50v
I2.50
12.50
reset. inlets
3.00
3.00
3.00
reset me h. c.
3.00
3.00
3.00
water cone. 1. s.
29.70
30.00
30;00
water Bonn. s. s.
24.00
23.00
23.,00
sewer conn.
8 inch pipe
I.00
1.50
I.00
I.00
This being the date set, bids were received:,- opened and read for the
pavement of Bertrand e"treet from Johnson to Bendix rived under Improvement esolut-
ion Ro.I955. Bids as follows:
concrete walk
conrete curb
marginal curb
gra di ng
sheet asphalt
asph. concrete
storm water inlets
reset inlets
reset me, he c.
water cone. 1e s.
water coon. so so
sewer conn
8 inch pipe
Reith Ailey Const.
.20
.50
40
I.00
2.72
2.56
I2.50
3.00
3.00
29.70
24.00
I.00
UO. Albert Donst. Co.'
Williston Co.
.20
.50
.50
.40
.40
$.90
1.00
2.68
2.72
2.53
2.57
12.50
12.50
3.00
3.00
3.00
3.00
30.00
29.50
23.00
23.00
I.50
I.00
I.00
This being the date
set, aids were received, opened and read
for the
pavement of
Brookefield Street
from k'ollege to
Vassar under
Improvement
resolution
No.203I.
Bids as follows:
walk curb me
curb grading
sheet -asphalt
inlets
reset inlets
Albert Co.
.20 .50
.40 .85
2.68
I2.50
3.00
reset manhole e.
water conn. 1.
so so so
sewer conn
8 Inch pipe
Albert Co.
3.00
30.00
23.00
1.50
1.00
This being the date set, bids were receivedm opened and read for the pave
ment on College ''teeet fromiumbolt Street to Vassar Avenue under Improvement Resole
tion No.2029. Bids as follovrs:
walk curb me curb wading sheet asphalt inlets i
1
Albert Oo. 20 .50 .40 .85 2.68 12.50 1I
reset inlets reset me he c. water conn 1. so so so sewer 8 8Pipe'
Albert Co 3.00 3.00 ,30.00 23.00 1.50 100
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34 Tuesday, April 3rd. , 1928.
All o:f the above bids handed toh City Engineer for tabulation.
The Board approved the renewal certificate of Scope Bros., for
excavation bond in the amount of I,000.00.
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The Board approved the renewalcertificate of Fred Futter for
excavation bond in the amount of $I,000.00f
I� The Board approved the Contractors bona of Michaels Tomaszewaki
in the amount of $I,000.00 signed by F. B. Corporal and Michael HaztJ3ski,
The Board signed the contract with. -Rocco �imeri for �the construct- ` ion of local sewer on Wilson Avenue and �aineteenth �Itreet ?xnAer Improvement Resoluti on
No.200I in the amount of 4,386.60. The Board also approves'.. the bond of same signed
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by the Columbia �'asual ty o.
The Board signed the contract with the +i llis ton onstruction Co.
for the pavement of atreets in tarquette Park Ist. , �ddzti on under Improvement Resolu-
tion l�To.I9$5 in the a .ount of amount The. Board also .approved the construction
bond for same for 50' of the contract price signed by Inland Bonding "o.
The Board signed the contract with JohnF. Hipskind for the sewer
on i'ox Street between Southeast �'runk and-'ampson Street under Improvement Resolution
N6.I987, in the amount of 2,33I.90.' The Board apso approved the construction boftd for
same in the sum of 50 : of the con i;nact price signed by Inland Bonding '-�o.
The Board approved the assignment of the contract a:-darded to
Williston Construction Co., for the pavement of the alley north of Napoleon Blvd. ,
from Leeper Avenue to Ist., alley east of Stanfield street under Improvement Resolution
Na.I9II, to Alex Bukowski. The Bonding Qompany agreed to the assignemekt.
Gity Angineer filed the following tabulations of bids:
Tabulation of bids for the pavement of Altgelt, Victoria street
and Vernon Street under Improvement 'resolution No.2024.
Tvrjckenham Land & Investment Uo. 109947.00
Tabulation of bids for the pavement on -Fairview, Irvington, Eckman
Leer and Clyde ''treets under Improvement Resolution No.2022.
Twyckenham Land & Investment Oo. 3I,194.00
Tabulation of bids for the pavement on Tigckenham Drive, York Road
and Altgeld -treet under Improvement Resolution No.202I.
Tyckenham Land and Investment '�o. 589020.50
Tabulation of bids for the pavement o--" streets in "oodlawn 2nd.;
Addition under Improvement 'resolution No.I986.
Reith Riley 1'o. Albert Oonst. -go. Williston `'o.
799077.99 79,407%80 772702.74
Tabulation of bids for the sewer and pavement improvement on streets
in Woodlawn addition under Improvement Resolution No.2025.
"illiston Construction Co. Albert Oons t. Co
60,275.9I 6I,946.85
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Tabulation of bids for the grade and walk improvement on the north
side of Calvert atreet from Kline `'treet to Caroline 'street under. Improvement Resolution
No.1970.
Carl E. Zimmer Nston Ball
267.44 23 9. 78
Tabulation of bids for the pavement of Scott Street from Indiana
Avenue to Chicago, South Bend and ''outhern R. R. under Improvement resolution No.I94I.
Sheet asphalt Asrhal tic Concrete
Keith Riled 'onst. Go. 3 566.70 3 372.IO
Albert Const. �o. 3$592 60 3,408 IO
1 Williston �onst. :Co. ; 3657.55 3,472.30
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Tuesday April 3rd. 1928.
j ` Tabulation of bids for the Y.ave rent of $coat Street from dalvert Street
to 3 rnd.tana Avenue under Improvement Resolution lo.I943.
Sheet asphalt Asphaltic Concrete
Rie th '_�i1ey co. 13,697.29 129935.57
Albert Oon-t. Co.. 13,803.'20 17,080170
I Williston eonst. Do.. 149036.20 13,310165
Bids having,been receives for.;the construction of grade and walk on the
north -de of Calvert Street from Xline ''treet to C roline street under Improvement
Resolution No.I970, the Board this 3rd., day of April 1928" hereby awards the
contract for said improvement to Aston Ball at his loi;, bid of 23%78.
Bids having been re ceived foR the sewer and pavement improvement on streets
in uoodlawn Addition under Improvement esolution No.2025, the Board this 3rd., day
of Anri, 1928, hereby awards. the contract for said improvement to 'ilillis,ton Construct
j; ion o. , at their low bid -of 60, 275.9I.
Bids having been received for the sewer and pavement on street in
i{oodlawn 2ndl, Addition under Improvement Resolution No.I986, the Board this 3rd.t,
AP day of. April 1928, hereby awards the contract for said improvement to "illiston Oonstrz
ion Co., at their low bid of 77,702.74.
Bids having been received for the pavement of I'wyckenham rive, York Moaad
and A-lt@;eld 6treet under Improvement Resolution No.202I, the Board this 3rd., day of
April I928,,,hereby awards the contract forsaid improvement to Twyckenham Land and
Investment `'o., at their bid of 58,020050 for concrete pavement.
Bids having been received for the pavement pf Fairview, Iryington, A;ckman
Leer and Olyde streets under Improvement Resolution No.2022, the Board this 3rd.
day of April 1928, hereby awards the contract for said improvement to Twyckenham
Land and. Investment 0o., at their bid of 3I.194.00 for concrete pavement.
_ Bids having been received for the pavement of Altgeld "treet: Victoria
g
and Jernon Streets under Improvement Resolution No.2024, the Board this 3rd., day of
April, 1928 hereby awards the contract for said improvement to Twyckenham Land and
Investment 60., at their bid of I0,947.00 for concrete pavement.
Bids having; been received for the pav-ment on '''eott Street from Indiana
Avenueto "hicago, South Bend and southern R. R. under Improvement resolution No, I94I,
the Board this 3rd. , day of April 1928, hereby makes a preliminary order for sheet
asphalt as the type of pavement with which said street shall be improvedeand set the
I7t.h.1 day of April 1928 at I0:00 A. M., at the time when said Board shall pass on
petitions for a change in the type of pavement other than that specified in the
preliminary order, award the contract or reject all bids.
Bids having been received for the pavement on Scott 'street from Calvert
6treet to Indiana *venue under Improvement Resolution No.I943, the Board this 3rd.
day of A it I928, hereby makes a prelimin ry order for sheet asphalt
p�' p pavement as
the type of pavement with which said street shall be improved and sees the I7th.,
day of April 1928 as the time when said Board shall either pass on petitions for a
change of type of pavement other than that specified in the preliminary order, award
the contract or reject all bids.
The Board of apprais ors in the matters of Vacation of a portion of Marietta
street under Vacation yes oluti on No. I9 79 and for the condemnation of ppor t Bons of
re -located MaEietta k treetRlying within thin the right-of-way of the New fork Ventral
R. R., under ondemnation esolution No.I978, filed the primary assessment rolls,
In both of the above named assessment rolls the Board hereby orders that on the' IDth,
day of April I928, this Board will meet at 10:00 A. r. to hear and receive remonstran
ces from all persons interested in said proceedings. fihe Board further orders that
notices of said hearing of award of damages and assessment of benefits be delivered
according to law.
ii
This being the date set, hearings were had on the following assessment rolls
Assessment roll for the grading of the alley between Jefferson "'treet and
Volumbia Street from Lincoln "day East to Ist. , alley north under Improvement Resolution
No.I906.
Assessment roll for „the grading of the airst alley north of*.Lincoln gay
Fast from Jefferson Blvd., to Columbia street under Improvement Resolution No.I905.
In both of the above named assessment rolls, no remonstrators appeared and
no written remonstrance was filed and the Board, being Hilly advised in the premises,
finds that the several lots and parcels of land have been benefited in the amounts
named on said assessment roll and therefore the Board decides to take final action on
said assessment rolls, declarXng same in all things ratified, confirmed and approved
and the proceedings closed. the Board now orders said assessment rolls delivered to
the ''apartment of Finance.
36 'I.,esdaay, ipril 3rd. , 1928.
City Ei ineer, H. C. .°Drat,, "submitted `partial estimate No.8 for mater-'I
.
ial in place in trench and on material not in plhce but along the line of sewer known as
i Northwest Trunk "ewer System, in accordance with the terms of the contract between the
City and the J. J Dunnegan �'onstrnction Co., contractors under Improvement Hesolu.tion
No.1774. The Board signed and approved same in the amount of 87,I50.54 and the Board
j also approved the certificate for same in the same amount.
City Engineer, H. G. Uray, submitted the following reports on
=i remonstrances filed against improvements:
In the remonstrance against the improvement of the alley from van
Buren street to California 'venue between Harrison Avenue and Cottage Grove under
Improvement Resolution No.2008, there are nineteen resident property owners located
on this improvement, ten of whom have signed the remonstrce. This constitutes a
1�majority and I would therefore recommend that no further action be' taken in the
mat u er. Signed H. G. Wray, pity -L�gineer. The Board, therefore, declares said improver
ment resolution rescinded and former action taken on same null and void and the proceed'
ings closed.
In regard to the remonstrance against the improvement of 'Gale Avenue
from wing Avenue to ''ckman Itreet under Improvement Resolution No.2006, there are
j thirteen resident freeholders located on this improvement, four of whom have signed tile'
remonstrance. This number does not constitute a majority and I would therefore recommend
that this improvement be advertised for bids. The card, therefore; sustains all
former action taken on said improvement resolution -and hereby orders that on the I7th. ,
day of April 1928, this Board will receive, open andread sealed proposals for the
construction of said improvement up to I0:00 A. 11. The Board further orders that
{ notices of -said proposals shall be published in the ''oath Bend News Times and Tribune
an the 6tn. , day of April and on the I3th. , day of April, I928.
In reward to the remonstrance against the pavement of the alley be-
;' teen Miner Street and Uedar Itreet from St. Peter `'treet to - otre 1)ame Avenue under
Improvement Resolution NB02007, there are eighteen resident property owners along this
improvement, five of whom have signed the remonstrance. This does not constitute
ia majority, therefore the Board orders that on the Ilth. , day of April, I928, this
Board will receive, open and read sealed proposals for the constructionof said improve -
I went. The Board further Drders that notices of said proposals shall be published in
hhe "ouch Bend News Times and Tribune on the 6th. , day of April and on the I3th. , day
of April 1928 according to law.
a Upon the recommendation of vim. F. Qualls, the Board approved the
petition of the Indiana Bell Telephone ";o. , to establish pole lines between N. Y. C.
R. R . , Miami and Leer street and wing' -venue as outlined in their petition of March
Ii 3lst., I928.
Upon the reeemmendation of '. F.zall _:, the Board approved the
installation of a 2500 lumen light,, pendent fixture, mast arm construction, from over-
head wires at the intersection of Eddy and Cedar Street. "ame to cost �'35.00 per
year. name ordered.
-Upon the recommendation of �'i�ty Attorney-, I. S., Romig, the Board
signed. the following agreement with the Grand Trunk and `pest ern nailroad Co. Contract
or agreement as follows:
s
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A GREEF: ANT B F,T."1EE1 GRAND TRUNK WES TI ERIT RAI LR O2iD C O `PATTY'
AND CITY OF COUTH BEND FOR CONSTRUCTION AND i`AINTFNANCE
OF CONDUITS FOR TELEGRAPH ffIRES IN CERTAIN STR ETS.
This a;�reement , made between the Grand rj rankdestern Railway `'ompany,
a corporation organized under the laws of the Ota ,.es of Indiana and Michigan, and the
City' of Sou".h Bend, Indiana,
�i "itnesseth; That,
"` `.lestern i{aili-tay Com _any has heretofore con
Whereas, ;he Grand r�zn. I� �
structed any now maintains an underground conduit along Division "'treet, in said City,
extending from its passenger station located immediately east of Kichigan Otreet, to
a point two hundred (200) feet west of Chapin "treet, in which conduits are housed
pertain telegraph wires used and operated in part by the Grand Trunk "estern t�a.ilway
.
"ompany and in part by the ldestern Union `elegraph �'ompany; and
1 Whereas said Grand Trunk r' es to rn Railway "om is about to remove
�parry
��T
its tracks now occupying Division treet, from the east line of Michigan ''treet to the
Laurel Street, in said Lkty, and to abandon its said passenger station and thereafter
to occupy, jointly with the New York Central Railroad Company, a union passenger
j! station now being erected on South Street, at the foot of Franklin Street; ANN
1'
Now therefore in order ,t.o enable said Grand Trunic "estern 11ailway
Company and said "estern Union Telegraph company to extend the service from said wires
and conduits to the new passenger station, and From the present western terminus thereof,
to its right-of-way at Arnold Street, it is agreen between the parties hereto .that
�I permission and license is hereby Brat ted to said Grand trunk Western Railway Ls
I to construct a d maintain a duet line, consisting of four creosoted wood ducts, under
ground, alongranklin Street from said Union 'station, to intersect the duct line
aforesaid nowglaid in ''ivision Street, with all necessary manholes, and permission and
Llioond
eense is further granted to said Grand gunk iiestern Railway `ompany toex#end said
u it from the western terminus thereofi ias now located, westway along Division �"'treet
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Tuesday, �pril 3rd., 1928. 37
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to Arnold �'treet, and south on'Arnold 8�tree.t,`to its right-of-way,. and to construct and
;I maintain in connection therewith all neces ar marsh-les; that upon the completion of
said conduits the same may be used by the sa Grand Trunk `°est ern ail way ompany
and the rdestern Union Teleghgph ompany, as housing 'or their respective telegraph
uires, and for the !operation 'thereof.
The Grand Drunk Western Railway ompany agreen that upon the completion
of said conduits it will remove the open wires and pole line „now extending from the
western terminus. of said conduit, as now located, to Laurel Street; that it will
replace the earth and pavements of all street which it may excavate, so, that the �._
same may be leftn as good condition as the same were before the commencement of such
excavation. i
-In witness whereof the parties have duly executed this agreement, this
3rd., day of April 1928
{ Grand Trunk Western Railway Company.
I,
Board of Public '. orks ?
• l By W. R. Hinkle 'I
John J. Ole jniczak
Ralph H. Kuss. it
I; City Esigine er, H. G. 'gray, filed plans and the _,Board adopted a resolution I)
for the opening and extension of Twenty-second "'treet under Condemnation resolution
No.2038. (Insert see files for copy of resolution.)
i
In the above named Amondemnation Resolution, the Board hereby -orders that
on the a4t.11 , dayof *R:� I928, this Board will meet in their office in the pity Hall
at 7Xifli-%M '. , to hear and redeive remonstrances from all persons whose property haay
be affected by said condemnation. The Board further orders that notices Of said
hearing shall be published on the e.., day of April and on the Ntb,.. , day of April
i' I928 in the South Bend News limes and. tribune, according to law.
i
City engineer, H. G.' ulray, submitted partial estimate number I for
the pipe sewer improvement in Lawton ''treet betvreen Olive ''treet and Bendix Drive
i in accordance with the terms of the contract between the Northern Indiana Construction
Company, contractors Under Improvement Resolution No.I972. The Board signed and
approved same in the amount . of $1, 824. 75.
The Board approved the following petition of the Chicago, South Bend and
Northern Indiana Railway Company:
"ode.; the undersigned, as Receiver of the Chicago, South Bend and northern
Indiana Railway Company calls the attention of your Honorable Board to the following
facts:
The New York Central Railroad Company is now ready to proceed and has
actually started on the grade separation at Chapin Street.
the work at this point is of such character that it is impossible �or this
street railway company to continue the operation of its cars across the New ork
Central tracks while the works is in progress.
On the Chapin Street line of the street railway companyseveral thousand
passengers are carried Bach day. These passengers will be greatly inconvenienced
if a detour track is not laid which will enable them to go to and from their homes
and places of business without interruption of street railway service.
In order to meet these conditions and in order to provide adequate street
railer service without interruption the undersigned, as Receiver f or the Chicago.
South Bend and Rorthern Indiana Railway 'lompany resepetfully petitions your honorable
Board for permission and authority to lay a temporary detour track to be used until
such time as service can again be resumed across the New York Central Railroad dompanys
right of way at the present location.
the detrour track to start at Chapin and Ford Street, and to be located
on the north side of Ford atreet as fas as -Scott Street; on the east side of Scott
Street to Lunn Street and in the center of Bunn Street to Chapin Street, together
with all necessary poles, overhead work and connecting curiaes and tracks.
. nny damage which may be caused to the -pavement on Ford street to be repaired
by the railway company at its ovm expense of#er the temporary tr cks are removed.
The undersigned further petitions your Board for permission to barricade
Scott Street between Dunn Street and Ford Street 'for a period of two weeks\;during
• , the contraction of the temporary detour of the street railway tracks,.
It is understood by the Railway ompany that the crossing of the temporary
detour track at,Seott and Qtreets, and also at Scott`and Ford Streets, are to
Tuesday, April 3rd., 1928.
be: installed and maintailned ,so that these e'rd`ssings 44`11 be passable for other vehieu:la;r
traffic. It is also understood that.the temporary track -en Scott 0treet' between fiord ani
D uhn treet is to be laid in such manner as not to project more than approximately.
two inches above the adjacent pavement. The space between `..he rails and between the
track and the pavement is to be filled in with earth. ..-It is also understood that as the
work of the grade separation at Stott Street progresses, the temporary detour track
at that point is to be depressed accordingly with the depression of the street.
After the new York Central Railroad �;ompany has completed its
grade separation work at Chapin street sufficiently so that street railway tracks can
be again laid and 'operations resumed at the present crossing, the temporary detour
track is to be removed by the railway, company.
All of the tracks, connecting tracks, poles and overhead lines
are to be located and laid in accordance withthe plans,agteed upon between the City
Engineering Department and the Railway ompany.
This petitions is filed wish your Board in duplicate and when
properly approved and signed by, the, Board of Public Works'
forth. shall constitute the
authority and permission of the Board to the Railway `'omp&ny, covering the matters set
Respectfully submitted,
R. R. Smith,
Receiver for the �'hicago, South Bend and northern Ind. R. R. Co
Approved by the Board of Public
orks this 3rd., day of April 1928.
i� signed W. R. Hinkle
John J. Olejniczak
Ralph H. Kuss."
i
Bids having been received for the construction of a local sewer
in Brookfield Street between Vassar and Humbolt Street under Improvement Resolution
No 2030, the Board this 3rd. , day of April, I928, hereby a a'-ds the contract for said
ii improvement to John F. Hipskind at his .bid of I;396.10.
Bids having been received for the construction of a local sewer
in College Street between Vassar and Humbolt Streets under Improvement Resolution
N042028, the Board this 3rd., day of April 1928, hereby awards the contract for said
improvement to John F. Hipskind at his bid of $I,396.I0.
The Board, upon the recommendation of City Attorney, I. S. Romig,
approved the report of the viewers before hhe County Commissioners in the matter of
the petition of James A. Burns and others for the Vacation and relocation of Doore
Road. Report is as follows:
State of Indiana } BEFORE THE BOARD OF COUTTTY COlIZ-ISSIONERS
ST. JOSEPH COUTItTY)
IN THE VATT ER OF THE PETITION OF }
JMS A. BURNS AT7D OTHMS FOR THE . } ORDER ONREPORT OF VIEWERS
VACATION AND RELOCATION OF THE DOORS ROAD)
Come now viewers, heretofore appointed by the Board, to view,
mark and lay out a certain proposed new highway in Portage Township, St. Joseph County,
Indiana, and also to vacate a certain highway in said township, and file and present
to the Board their report herein, which said report is in the works and figures
following, to -wit:
"We, the undersigned viewers, appointed by the Board of County
Commissioners of the County of St. Joseph and State of Indiana, at the March term,
1928, thereof, to vacate the Doore Road in said Vounty, and in said petition proposed,
and to views_ mark and lay out a certain proposed new highway as petitioned for by
James A. Burns and others, submit the following report:
"We met at the Auditor's office in the Court House in the City
og South Bend, Indiana, on the I5th. , day of March 1928, and after having taken an
oath to faithfully discharge the duties assigned to us, proceeded to view said propos
ed highway in the manner as by law provided; and did view, makk and lay out said
proposed new highway upon the following described route, to it: That said proposed
new highway shall begin on the center line of Dixie Highway, (Leeper Road) in said
Wit. Joseph County, Indiana, Portage i,uonship, and shall proceed east along Angella
Avenue in said City of youth Bend, to the east line of Harter Httts Addition in
said City! and shall embrace all of Angella Avenue East of Harty
l ighway, as now
onstituted and as shoe= by the plat of record of Harter Hei.Mhts Iddition in said
ity, and shall also embrace thefollowing" described land lying immediately North
of said Angella Avenue in said City and adjacent thereto, all in Portage Township,
St Joseph `'ounty, Indiana, to -wit:
A strip of land Forty-five (45) feet in -width along the North
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!' line of Angell. Avenue taken ofi' of and from the Sough side of Section Thirtyeix
(36) T�oltmship rlhirty- eight (38) North range Two (2) mast, described as follows:
Beginning at a oint where the south line of Section Thirty -Six (36) intersects the
i center line of ix e Highway (Leeper Road), thence East along the south l ne'of
said section (which is also the present north line of Angella Avenue) a distance of
Thirteen Hundred Eleven and thirty-five bundned:the (1311.35) feet to the last line
of Harter Heights Addition to the City of South Bend, Indianan thence -North Forty-
jI five (45) feet to a point Forty- five (45) feet North of the 4-outh line of said
! Section Thirty -Six (36); thence West parallel with and Forty -file (45) feet North
of the South line of said: sectionThirty-six (36 a distance of hirteen Hundred Eleven
and thirty- five hundredths (1311.35) fee �t to the center line of Dixie Highway
(Leeper Avenue) thence south Forty-five (45) feet to the place of beginning: that
said pro osed new highway shall thence extend eastward from the east line of Hester
! Heights Iddition over the following described land;
A strip of land Eighty (80) feet in width, Forty (40) feet on east side of the
following described center line: Begt;niing on the North and mouth center line of
Section shirty -Six (36), Township Thirt�,-eight (38) North -Range Iwo (2) East,
Ot. Coseph County, Indiana, at a point ive (5) feet north of the south one -quarter
0) corner of said Section, which point -is in line with the East li e of Harter Heights
Addition to the City of South Bend, Indiana, and also the Point of 4uriae of the
following described center line of said Angella Avenue; thence to the Right with
a curve of Thirteen (I3) degrees Fifty-six (56) minutes and Twenty-nine (29) seconds
a distance of Four Hundred Ninety and sixty-tvio hundredths (490.62) feet, measured
along said curve with One Hundred (I00) feet chords to the point of tangent of said
curve, said above curve laving a tangent distance of Two Hundred Eighty (280) feet;
thence to the Left with a curiae of Fifteen (I5) Legrees and Twenty-two minutes a
distance of Four Hundred Forty-five and thirty-five hundredths (445.35) feet measured
along said curve with One Hundred (200) foot chords to the point of tangent of said
curve, said above curve having a tangent distance of Two Hundred fifty-four and
thirty-four hundredths (254.34) feet; thence East along the center line of proposed
Angella Avenue, a distance of One Thousand -eventy seven and fifty-nine hundredths
.tTO77.59) feet to the west line of Notre Dame �Avenue, all in Section One ( I ) ,
ewnship Thirj,y Seven (37) North Range Tvvo (2) East and -z"ecti on Thirty- Six (36 )
Township Thirty-eight (38) North --ange ±Tio (2) East,Wit. Joseph County, Indiana;
We further find that the width of said highway as above laid out is Eighty (80)
feet, and that said proposed new highway would be a public utility.
We further report that said highway as laid out by its runs through the
enclosure &nd .lands of the Unit•ersi ty of Notre ')ame Du Lac of more than one year T s
standing, but that said University of Notre Dame Du Lac has given its consent to the
taking and appropriation of said lands as such proposed highway without the payment
of any money or damages to it; and in fact has agreed to donate said land and dedicate
same for highway purposes, all as in the petitions herei# set forth and provided; ._and.
therefore we find that no damages should be paid to the said University of Notre Dame
Du Lac for the land herein described belonging to it thus taken for said proposed new
highway.
We further find that the University of Notre Dame Du Lac) has agreed to pay, at
its own cost and expense as set forth in their petition, one lialit of the cost of
paving a thirty (30) foot roadway over said highway upon that section thereof that
lies between the Dixie Highway. (Leeper Road) and the eastern line of Harter Heights
Addition to the City of South Bend, Indiana; and that said University of Notre Dame
Du Lac has agreed to pave the entire thirty (30) feet to said proposed new highway
that lies east of the east line of Harter Heights Addition and that runs therefrom to t
the western line of Notre Dame Avenue in said City, all on condition that the Doore
Road, herein after described be vacated and closed.
We further find that upon examination a p good way cannot otherwise be had than
over the land and according to the described route as hereinabove laid out and marked,
without departing essentially from the route petitioned for; and we, your viewers,
further report that we proceeded to view and di iaiew said establised highway asked to b
vacated, which said highway is described as Follows:
Beginning on the east line of Dixie Highway (Leeper Avenue) extended and the
south line of Doore ''oad, vrhich point isventy-one Hundred Five and sixty-eight
hundredths (2I05.2) feet North of the south line of bection Thirty-six Township Thirty
eight (38) North anje 10wo (2) Last; thence Est along the south 1-ne of said Doore
Road, a distance of hree Thousand 'fight and ten hundredths (3008,10) feet to. the west
line of Notre Dame Avenue (the intersection of said south line of Doore Road and the
west line of Notre Dame Avenue, being a distance of Twenty-two Hundred sixty and nine*y
hundredths (2260.90) feet north of the south line of'Said 6ection Thirty-six measured
along the center line of Notre Dame Avenue; thence North 6ixty (60) feet to the north
line of Doore Road, thence Test along the North line of said Doore Road a distance
of Three Thousand Eight and ten hundredths (3008.10) eet to the east line of Dire
Highway (Leeper Avenue) extended; thence south sixty O) feet to theplace of beginning,
All in section thirty-six twonship thirty-eight North range Two Fast in St. Jose
County, Indiana;
and. we .find the said highway is no longer a public utility; that the public would not
be injured by its vacation; and -ue recommend that -the same be vacated, when the new ro
is completed to the satisfaction of the Board of Commissioners of St. Joseph County,
Indiana.
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Tuesday, �pr l 3rd,, 1928.
Dated this 21st., day of March 1928,
signed Elmer 1Ihitssel
James L. Kennedy
Dark J. Laing."
and the Board having examined said report and having heard the evidence and being
sufficiently advised in the premises, finds that said report out to be -approved.
It is therefore, considered, ordered and adjudged by the Board
that the proposed new highway as marked and laid out by the viewers in their report.,
as hereinabove set forth, that is to say the following described new highway in Portage;
Township, St. JosephCounty', Indian., to -wit:
"A strip of land forty. -five (45) feet in width along the North line
of Angella .Avenue, taken off of and from the south side of SectionThirty-six (36) ,
Tovmship Thirty eight (38) iJorth Range Two East, described as follows:
Beginning at a poi 'where the south line of Section Thirty- six (36) intersects the
venterlime of Dixie Highway (Leeper Road,) thence East along the south liiie of said
section (which is also the present north line of Angella Avenue) a distance of thirteen.
Hundred eleven and thirty-five hundredths (I3II.35) feet to the east line of Harter
Heights Addition to the City of South Bend, Indiana; thence North lForty-five (45) feet
to a point Forty -hive (45) feet North of the -South line of said Section Thirty-six
(36); thence `#`rest parallel with and Forty- five (45) feet north o_f the south line of
said Section Thirty-six (36) a distance of Thirteen Hundred Eleven and thirty- five
hundredths (IM.35) feet to the center lin of Dixie Highway (Leeper Avenue) thence
south forty-five (45) feet to the place of beginning;
that said proposed new highway shall 6hence extend eastward from the east line of
Harter Heights Addition over the following described land:
A strip of land Eighty (80) feet in width, Forty (40) feet on each
side of the following described center line: Beginnin on the Forth and O'outh center
line of Section Thirty-six (36) Township Thirt -eight T38) North Range Tw¢ (2) fast,
Sty. Joseph County, Indiana, at a point Five (5 feet north of the south one -quarter
( ) corner of said Section, which point in in line with the East line of barter Heights'
Addition to the Ciyt of South Bend, Indiana, and also toe Voint of Curve of the follow-
ng described center line of .said Angella Avenue; thence to the Hight with a curve
of Thirteen (I3) degrees Fifty-six (56) minutes and Twenty-nine (29) seconds a distance.
of Four Hundred Ninet and sixty-two hundredths (490.62) feet, measured along said curve
with One Hundred (I00 foot chords to the point of tangent of said curve, said above
curve having a tangent distance of Two Hundred Eighty T280) feet; thence to the left
with a curve of Fifteen (I5) '�egrees and Twenty-two minutes a distance of Four Hundred
Forty-five and thirty-five hundredths (445.35) feet measured along said curve with
One Hundred (I00) foot chords to the point of tangent of said curve, said above curve
having a tangent distance of Tarp Hundred Fifty-fiur and thirty-four hundredths (254.34)j
feet; thence East along the center line of proposed Angella Avenue, a distance of One
Thousand Seventy-seven and fifty-nine hundredths (I077.59) feet to the West line of
Notre Dame Avenue, all in Section One (I), Township Thirty-seven (37) North Range Two
(2) East and Section Thirty-six (36) Township Thirty-eight (38) North Range Two (2)
East, St. Joseph county, Indian.;
be and the same is hereby recorded as a public highway of the width of Eighty (80) feet''.;
and the Trustee of Portage Township is hereby directed and ord red to cause said highw%r
opened and kept in repair as other public highways.
It is further ordered, adjudged and decreed that, whereas the
University of 3,totre. D*me Du Lac has agreed to donate and to dedicate to the public for
highway purposes all the land necessary in the establishment of the proposed new high-
way, as the same is viewed, marked and laid out by t 1e vi-wers, as herein above described;
and, whereas, the said University of Notre Dame Du. Lac, in the petition herein filed
and by letter on file with -the Board of County Commissioners, has agreed to pay one-half'
of the cost of paving the said proposed new highway west pf the East line of Harter
Heights Addition to the City of South Bead; and has also ap7reed to pay all the cost of
a pavement Thirty (30) feet in width on said porposed new highliray between the East line:.
of Harter Heights addition, an addition to the City of South Bend, and the �Iest line
of Notre Dame Avenue extended North beyond the City limits of the City of South Bend;
that said pavement hereinabove described, hall be built anrj. constructed at the cost of
the University of Notre Dame Du. Lac and wihhout cost or exp-nse to the County of St.
Joseph or Porrtage Township therein; and that the University of Notre Dame DuLac tape
nothing by way of damages or compensation for thelland necessarily used in the opening
of said proposed new highway and dedicated by said University of Notre Dane 'ou Lac,
and by way of any damages whatsoever.
It is further ordered and adjudged that said highway as vacatedby
said viewers in their report, as hereinabove set forth, that is to say the following
described highway in.St. Joseph County, Indiana, to -wit
Beginnixig on the East line of -''ixie Highway (Leeper Avenue)
extended and the south line of Doore Road, which point is Twenty-one hundred five and
sixty-eight hundredths (2I05.68) feet North of the South line of Section Thirty-six,
Tomship Thirty-eight (36) North Range Two (2) Est; thence East along the south line
of said Doore Road a distance of Three Thousand fight and ten hundredths (3008.I0)
feet to the West line of Notre Dame Avenue (the intersection of said south line of
Doore'Road and the West line of Notre Dame Avenue, h.eing a distance of Twnnty-Two
Hundred aixty and ninety -hundredths (2260.90) feet north of the south line of said
ectior� Inty-six measured along the center line of Notre Dame Avenue; thence North
4ty (60 feet to the north line of Doore Road; thence West along the North line of
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of said Doore Road: -a distance cif Three Thousand Fight and Ten Hundredths (3008.10)
feet to the Last lineof Dixie Highway (Leeper Avenue) extended; thence south Sixty
(60) feet to the place of beginning.
All in section Thirty-six (36) Township Thirty-eight, (38) North
Range Two (2) East in St. Joseph �'ounty, Indiana;
be and the same -is hereby vacated, and is hereby ordered closed as and when the
new road, a viewed, outlined and described above, shall be completed to the satisfactic
of the Board of Commissioners of St. Joseph �'ounty, Indiana.
It is further ordered that the County Auditor transmit a copy of this
order to the said Trustee of Portage Township, St Joseph County, Indiana and that
the petitioners pair the costs herein Laid out and expended.
Dated this 2nd., day of April 1928.
signed Yred J. Cook
Roy C. Eger
John- C. Hauser
BOy,-RD OF COUNTY C01,11171SSIONEiRS.
APPROVED APRIL 3rd., 1928.
ff. R. Hinkle,
John J. Olejniczak
Ralph H. Kass
BOARD OF PUBLIC 1,7ORKS
CITY OF SOUTH BEND, INDIANA."
Claims amounting to $5,0I8.52 sighed and approved by the Board.
Meeting adjourned at 12 O'Clock noon.
Attested:
__ TwLd , d/
erW of the Board
Presiden