HomeMy WebLinkAbout02/12/1929 Board of Public Works Minutes31 Tuesday, February 12th. , 1929. '
Board met in re.7,alar session at 9 A. Tr. Yr. R.H. Kass absent,.
Minutes of meetings held February 5th., and February 6th., 1929, read
and approved,
The Board signed the contradt with the Albert Construction Company for
the -pavement of Kenwood Avenue from Johnson Street to Olive Street under Improvement
Resolution N0.2I69, in the amount of 13,803.84. The Board also approved construct-
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ion bond for same .for 50% of the contract price signed by Inland Bonding Oo.
The Board signed the contract writh the Albert Construction Company for
the pavement of TIongley Avenue from Wilber Street to Johnson Street under Improvement
Resolution No.2f7l in the amount of IO, m..22. The 46ard also approved the construct
ion bond for same for 50% of the contract price signed, by Inland Bonding Co.
.The Board signed the contract with "the Albert Construction Company for
the p vement of Liston Street, from Iffalnut Street to '�Itudebalcer Street under Imrrove-
ment esoluti-on No.2I70, in the amount of 33,785.02. The Board also approved the
construction bond for same for 50% of the contract price signed by Inland Bonding (10.
The Board approved VVm. F. Qualls I recommendation for the installation
of TO boulevard lights in i Studebaker Place Third Addition at a cost of 30.00 per
ightoper7year or a total cost of = 300.00 per year for the ten lights. This is with
the understanding that the property owners pay for the installation of these boulevard;
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lights and the city to stand only the expense of operation.
City Engineer, H. G. Wray, filed plans, specifications and estimates
and the Board adopted said .plans and specifications 'together with the following
improvement resolutions:
Improvement -Resolution No.2IBI for the local sewer improvement on
Fremont Street from Elwood Avenue to Keller Street. (See files for copy of resolution,.)
Improvement Resolution No.2I82 for the local sewer improvement on
Kentucky Street between Washington Avenue and Division Street. (See files for copy
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of resolution.)
Improvement Resolution No. 2I83 for the local sewer improvement on
Meade Street from Lincoln Way West to Elwood Avenue. ( See files for copy of resolution.)
Improvement Resolution No.2I84 for sewer in Sorin Street from St.
Joseph River to a point approximately 35 feet east. (See `files for copy of res olution.
In all of the above named improvement resolutions, the Board hereby orders
that on the 27th. , day of February 1929, this Board will meet in their office in the
City Hall at 7-I5 P. V., to hear and receive remonstrances from all persons whose
property is liable to b-e affected by said improvements and will decide whether the
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special benefits that will -accrue to the property assessed abutting on the line of .
such propered sewers will be equal to the estimated costs of same as reported by the
City engineer. The Board further orders that notices of such hearings shall be
published on the Nth., day of February and on the 2Ist . , day of February 1929 in
the South Bend News Times and Tribzan.e.
This being the date set, continued hearing was had on Improvement
Resolution No.2I59 for the -pavement of Bridge 'Itreet from Colfax Avenue to LaSalle
Avenue.
In the above na*ged improvement resolution, _ VY. Charles Cslvert,
representing the Indiana & Michigan ectric Company, was present remonstrating
against this im-provement. After hearing same, the Board decides to continue hearing
on same until 14reh I2th. , 1929.
This being the date set, hearing was had on Improvement Resolution
No.2I75 for the -pavement of VanBuren Street from Portage Avenue to Cushing Street.
(See files for copy of resolution.)
In the above named improvement resolution, ' no remonstrators 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, will be equal to the estimated cost of 'same as
reported by the City Engineer. The Board, therefore, decides to take final action
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on said improvement resolution and declares same in all things ratified, confirmed
and approved without modification.
The Board now orders that on the I2th., day of Varch 1929, this Board
will receive, open and read sealed proposals for the construction of said improvement
No.2I75 up to IA:OO A. The Board further orders that notices of said proposals
shall be published on the 28th. °, day of February and on the 7th. , day of March 1929
in the 6outh Bend News Times and Tribune according to law.
Tuesday, kebruary 22th., 1929.'
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The Board signed the following lease of space on the 1runicipal Airport:
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U&SM OF. SPACE ON AIRPORT.
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THIS indenture made in the City of South Bend, County of St. Joseph, State of Ij
Indiana, this 6th., day of February I929,. witnesseth:
'An agreement made by and between the 1funicipal City of South Bend, Indiana, b
and through its Board of Public Corks art of the first art and the Shockle �I in '
• g t party P Y Y g �;�
Service, party of the second part, as follows, to -wit:
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The said first party hav'ng leased and being in possession, subject, however, to
' . 7 Incorporated,of the
certain rights given to the t Joseph Valley Avlat,.on Club
said City of South Bend, which contract is dated June 25th , I928, and which contract
said second parties are familiar with and.cope of said contract is attached hereto-
j the following described -real estate, situate in St. Josetkh County, Indiana, to -wit: {
The Southeast d after (SN4* andthe East Half ' (2 } of the Southwest
Quarter (StP41 all.in Section Fifteen (I5) Township Thirty-eight ei ht (38)
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North, Range Three (3) East.
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• For and in consideration of the agreements herein after contained for second party
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to do and perform, the said -first partt does lease unto said second party the
following described and bounded parcel within and a part of the above described real
estate, to -wit:
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B ginning at a point Ninety (90)�feet North of the Northwest Corner
o$ what is known as City Anager 13umber One (I) and running Test Fifty
(50) feet; thence North Two Hundred (200) feet; thence East One Hundred
(I00) feet; thence South Two Hundred (200) . feet; thence West Fifty (50)
feet to the place of Beginning.
• for the period of one year from and after the 6th.-, day of February 1929.
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Said first party also grants unto said secon,3_ party and option to rene* its said I;
lease from and after the expiration of the said one year bf- thin lease, but not to
extend beyong the term of its own lease of said rremises.
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In consideration of said leasing by first Tarty to second party, said second party 11
contracts and agrees to pay said first party on tqe day of February 1929, the sum
of One Hundred Dollars (:JI00.04) for the rental of said -rremises for said year and
in Ease of a- renewal of the term for another year at the expiration of the first year
of the tenancy, then said 'second party shall psy to said first party a like sum of
• One Hundred Dollars ($I00.00) at the beginning of the second year of the tenancy, Said lj
second party shall give notice in writing to said first party at lease thirty (30)
days before the expiration of the said first wear of the tenancy of its intention to j
continue the lease by the acceptance of said option. it
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. Said second party shall have the right to erect any building it may desire upon
the above described and leased premises, which building shall conform to the specifi
gations approved by the said first g.-rty, its Board of Public Works or Manager of the
Airpport that the said Board of Public Works may appoint; which building it may remove
atii�ts option, at the expiration of the one year .term of the lease and in the event of
a renewal of said term for another year then at the expiration of said second term,
of the lease, but in removing said buildings the premises shall be left in as good ord
and condition as tgey are now in.
Said second party shall have the right to use the saiel premises hereby leased to it
for its own ship hangers and for a flying school and it may use the other portion of
the premises first hereinafter described in Its flying school instructions, but all
such uses shall be subject to the rights of said first party as well as the rights
of the said St. Joseph Valley Aviation Club, incorporated, as set out in their said
agreement, copy of which is attached hereto,.
Said second Harty shall also have the right to carry supplies and TRits for
aeroplanes for its own use and for sale to other aeroplanes users, except gasoline and
oile for the purpose of sale, however, said second party shall have the right to fuel
or furnish gasoline or oil for its own planes.
Said second party shall have the right to transfer freight and passengers and use t
the said leased premises as an aeroplane service station, such right however, shall
not be exclusive for said second party's use of the said premises shall be such as aril
not interfere in any way with the operation of mail planes or airmail service.
Said second Tarty receives no right hereby to occupy the other buildings upon said
first described premises, except by special permission of the Board of Public Wor'ts or
its duly authorized Airport Manager.
Said second party will in all things conform with the rules and reglairements of
the Department of ommerce_and the•laws of the State of Indisma concerning aviation
now in force and that may hereafter be enacted and that they will not use any airships
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Tuesday, rebruary 12th., 1929.
upon premises or permit anyone in their employ to operate any airships or airplanes
that have not been duly licensed by the Department of Commerce.
In witnesseth whereof, the parties -hereto fo hereunto set their hands
and seals this 6th., day of Pebruary I929.
IT7NICIPAL CITY OF. SOUTH BEND, INDIANA.
BY T. R. NINKLE
J r HN K. 3YO GOR
ITS BOARD OF PUBLIC ITORKS
AND
SHOC LEY FLYING SERVICE
BY CLYDE SHOMEY. "
The Board also approved the following Air Port Lease in Duplicate.
AIRPORT LEASE IN DUPLICATE.
THIS INDENTURE, made in the City. of South Bend, county of St. Joseph
and State of Indiana, by and between the T-tunicipal ity of South Bend, Indiana,
Lessor, and Shockley Flying Service, Leesee, Witnesseth, That the Lessor has and does
this day lease to the Lesee it's Hanger No.I situate on the Municipal Airport Field
northeasterly from said City, as follows, to -wit;
Said tenancy is to begin on the Ist.., day of March 1929, and to
terminate at the end of one year therefrom.
In consideration of said leasing of said hanger -by said Lessor to said.
Lessee, the Lessee contracts and agrees to nay unto the Lessor in advance for said
hanger for the period of one month, the sum of Sixty Dollars ('�60.)), which sum
shall be paid to the Tanager on said field on or before the first day of each month
thereafter.
In addition to said rental so to be paid to said Lessor by said Lessee
said Lessee also contracts and agrees to pay for all electric curre3ht used in its paid
hanger, the said Lessor to to supply a meter for the measuring thereof.
In further consideration of said leasing by said Lessor to said Lessee
as hereinabove stated, said Lessee contracts and agrees to abide strictly by all rules',a
and regulations established by said Lessor as well as by the rules and regulations
aut''iorized by the Air Commerce Act of 1926, as laid out in the Air Traffic Rules
effective I=arch 22nd. , 1927, and established by the United States Department of
Commerce, as well as all amendments therato by said Department.
Said Lessee, its Agents, representatives and helpers, shall exercise
due care to guard against fire and injuries to persons and pro-perty; shall leave no
rubbish upon said air port area; shall do not stunting or lour flying over said air
port and shall give to aeroplanes landing the right of _way over its own planes taking
off and shall give to aeroplanes in trouble or United States Dail Planes the right
of way over its own air traffic.
Said Lessee shall allow no lit -nor to be brought on the field, not
allow any person connected with it orin its employment to use or ride in a plane while:
drinking or in an intoxicated condition and to immediately register, upon landing,
the name a-.,d address, type of equipment, license or military number of its air craft.
It is agreed that any violation of the provisions herein contained, or
regulations, -or rules hereafter established by said Lessor shall be deemed a breach
of duty and shall, at the option of said Lessor, cause a cancellation of this lease.
It is understood and a greed that the said City shall be in no way
responsible for accidents, injury or loss or damages to aeroplanes either from fire
or theft.
In witness whereof, the parties hereto do hereunto set their hands and
seals this day and ,year first above written.
?TNICIPAL CITY OF SOUTH BEND INDIM.
BY JOHN B. SUES^ERT ITS TANAGER
AND
S?IOC LEY FYLING SERVICE BY CLYDE SHOCKLEY."
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Tuesday, February 12th., 1929.
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The Pennsylvania Railroad 'company, by and through ifilliam D. Supplee,
it's Division engineer, petitioned the Board for Termission to remove the switch
and frog connecting its main line with property belongi g to the City in Eckman's
Addition, upon the express promise of the said Railway ompa to prom tly replace
such frog and switch and connections with the Chicago, South l end and orth rn
Indiana Railway Company, upon re uest from this or any future Board in the city.
IIron the recommendation of City ttorney, I. S . Romig, the Board granted said request,
subject to said.agreement with the railway company.
,attorney Samuel.P. Schwartz appeared before the Board in behalf of his
clients, The Shaw Jewelry Company, requesting permission to erect marquise at the
entrance to store located at 121 North Yichigan Otreet. after hearing all persons_
interested in said matter, the Board instructed fir. Schwartz to take the matter
up with -building commissioner and final action would be taken Wednesday morning Feb-
ruary_13th., 1929, at'a special session of the Board._
Claims in the amount of 7,588.57 signed and approved by the Board and the
Controller is hereby ordered to pay same.
This being the date set, hearings were had on the following assessment
rolls:
Assessment roll for the sewer and water connections on Harriett Street
under Tmrrovement Resolution No.2I74.
Assessment roll for the grade, curb and walk on Michigan Street under
Improvement Resolution No.2129.
In both of the -above named assessment rolls, no remonstrators appeared
and no written remonstrances were filed and the Board, being fully advised in the
premises, finds that the several lots and parcels of land primarily assessed for
said improvements have been benefited in the amounts named on said assessment rolls.
The Board, therefore, decides to take final action on said assessment rolls and
declares same in all things ratified, confirmed and approved and the roceedings
closed. The Board now orders said assessment rolls delivered to the Bepartment of
Finance.
The Board approved the renewal certificate for the Axcavation Bond of
Thilman Bros, cigned by the Central'Surety and Insurance Corporation.
The Board signed and approved pay rolls in the amount of 5,504.56 and
.hereby orders City Controller to pay same.
Meeting adjourned at I2 O'Clock.
Attested:
Uler](Yof the Board