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HomeMy WebLinkAbout06/05/1929 Board of Public Works Minutes39 Tuesday, June 4th., 1929. • • The Board hf�reby orders that resolution No.2243, as shown on pages 288 and 289 of this record be caneelldd and the above resolution adorted this 4th.; day of June, I929, substituted .for same. The Bo<=.rd approved a claim of ' . T. orders the City Controller to pay same. Yleeting adjourned at II-30 A. T. Attested: C1 ; of. the_ Board 0 W:,1DTT7S-DAY t'.'"i, TITTG .71TH7, 5th. , I929. Tranberg in the amount of 95.78 and hereby Board met in regular session at 7=I5 P. Y. All members Present. H. G. ,dray, City '�gineer, absent. Assistant �ngineer, R. L. Pike, present. The Board signed the contract with "falter B. Gross for the pavement of 35th. , Stre t from the Grant Trunk ,lestern R. R. to Yishawa ca Avenue tnder Improvement Resolution No.2I95, in the amount of '�I9,076.36 for concrete pavement heavy traffic. The Board also approved the construction bond of same in the amount of yI0,000..00 which is about 50�' of the contract Trice signed by the Southern surety Comrany. j U-non the request of '.`falter B. Gross, the Board approved the assignment of the contract for the pavement of 35th., Stre-t under Improvement Resolution No.2I95, to the Reith Riley Gonstruction C,ompaAY- Said Reith Riley Construction Company acce-ted the assignment and agreed to complete the wor'_�• embraced in said contract according to the clans, s-�ecifications etd., of said 7alter 3. Gross. The following tabulations of bids were filed by the z1-igineer: Tabulation of bids for the local se.Fier in Johnson street from 3ulla Street to the center. line of Lot 24 in 0. C. Hueys Addition to the City of South _Bend under Impro vement Resolution ITo.2240: Northern Indiana Construction Co. 29672.00 Tabulation of bids for the pavement on Johnson Street from 'lu+iood yvenue to Keller Street under Improvement Resolution No.224I: '7illiston Const. Co. Albert Const. Co. I12206.I9 II,347.96 Tabulation of bids for the pavement of Prichigan Street from the south line of South Street to a point 25 feet north of the Ist. , alley south of South Street under Improve ment 3esolution 1,'o.2242:. Reith Riley Construction vo. sheet asp. 5,202.23 asp, concrete 5,020.58 Tabulation of bids for the pavement of the south one half of Rumboldt street from the center line of-?endix Drive to the west line of Lot 39 in Lal eys 2nd . , ?;incoln 7-Tigh way Addition under ImTroverrrent Resolution 71o.222r: �I "filli:-:ton Const. Co. j 'heet asphalt I,I40.58 '�%kk��Fk�k�k*kk=�kk�Kk�kkkkk�k���*=kk�k kkkkk�kkkkk*kkk*�k��k=k �=�=�k�==[k�kz=E,kk��k��yk*Kk=k*kkk�,. Tabulation of bids for the pavement of the west one half of Bendix ?rive from the rr , 394 Vednesdaq ening June 5th. , I929. south line of Humboldt Street to the north fine of Ti4doln Yiigh Way -under Improvement;l Resolution No.2222: ',klliston Const. Co. sheet asrh^.lt z1278.82 Bids having been received for the local s e-.-er improvement on Johnson Street from' the (enter li#e of BullarStreet to the center line of"'Lot 24 in 0. C. Huey.s Addition under Improvement Resolution 7o.2240, the Board this 5th. , day of June 1929, hereby awards the contract for said improvement to Northern Indiana Const. So., at their low; • bid of 125672.00. Bids having been received for the pavement of Johnson Street from .Elwood: Avenue to :teller Street under Improvement Resolution No.224I, the Board this. 5th., day of June I929, hereby , awards the contract for said improvement to rVilliston Ccnst. , Company at their low bid of JII,206-I9 for sheet asphalt light traffic pavement, Bids having been received for the pavement of Yichigan Street from the south line of South Street to a roint 25 feet north of Ist., alley south of :youth Street under Improvement Resolution 1,To.2242, the Board this 5th., day of June, I929, hereby, awards the cont-pact for same to the Reith Riley Const-action Company at their, bid of ,p5,202.23 for sheet asphaltravement heavy traffic. Bids having been received for the pavement of the --rest one half of Bend ix. Drive from the south line of Humboldt Street to the north line of Lincoln May ':lest, under Improvement Resolution TTo.2222, the 3oard this 5th. , day of June I929 hereby ma'-cles a preliminary order for sheet asphalt light traffic pavement as the tgioe of pave ment with which said street shall be improved and sets the-IBth. , day of June I929, as the time when said Board shall either pass on petitions for a change in the type of ravement other than that specified in the rreliminary order, award the contract or reject all bids. Bids having .been received for the pave-ent of the south one half of Humboldt Street from the center line of 'Bendix brive to the west line of Lot 39 'Kaley 2nd.,, Lincoln Highway Addition under Impr ove_r_:ent Rerolut ion fo. 222I, the Board this 5th., day of June 1929. hereby makes a preliminary order for sheet asphalt light traffic pavement as the t.-rpe of ravement with which said street shall be improved and sets the I8th., day of June I929, as the time when said Board shall either pass on petitions for a change in the type of pavement other than that specified in the pre- liminary order, award the contract or reject all bids. The Board approved a driveway at 714 Thirty-first Street owned by Clyde Leonard. This being the date set, hearings were had on the following assessment rolls: I Assessment roll for the grade, curb and walk improvement on Sherrill Street from Chapin Street to Kendall Otreet under Improve-.ent Res olution T o.2I13. i - I Assessment roll for the grading li improvement of the alley west of Yiami Street from Fairview Avenue to the center line of Ist., alley south of-Fnirview Ave., under Improvement Resolution No.2I30. -�' In both of the above named assessment rolls, no remonstrators appeared I and no written remonstrances were filed, and the 'Board, being fully advised in the rremises, finds that the several lots and parcels of land have been benefited in the amounts named on said assessment rolls. The Board, therefore, decides to take . final action on said rolls and declares same in all things ratified,.confirmed and l` approved and the proceedings closed. The Board now orders said rolls delivered to the Department of Finance. This being the date set, continued hearing was had on the assessment roll for the local sewer in Southwood Avenue under Improvement Resolution No.2I42. j In the above named assessment roll, the Board decides to continue hearingi until June 25th. , 1929, at IO:QO A. Y. This being the d:^.te set, hearing was had on Improvement .Resolution No. 2225 for the -ravement of Fox Street from Sampson street to Ironwood Drive. in the above named improvement resolution, the Board finds that no water mains have been laid along this street and therefore said Board decides to rescind all'' former action tak�-n on said resolution and the proc.e=dings closed. This being the date set, herrings were had on the following improvement .resolutions: Improvement Resolution No.2227 for thepave-^ent of Yeade Street from Lincoln 'Jay 'Sest to Mwood Avenue. See files for copy of resolution.) Fairview to t epa�ye es�utehs© u` ioRsi7� 'Hr'ee�`� ( eep ' Se n oorf co' y o t � otl i n.) . Improvement Resolution No.2224 for the pavement of F6x Street from 1' Leer Street to Sampson Street. (See files for copy of resolution. i 395 77ednesday A ening, June 5th. , I929. • 0 9 Is Improvement Resolution No.2223 for the local s ewerin Olive . Street from T wood ivenue to :feller Street under Improvement 'Re-olution No.2223. (See files .for copy of resolu- tion.) _ II In,all of the above named improvement resolutions, 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 improvements will be equal to the estimated costs of same and that the impro vements are necessary., The Board, therefore, decides to ta'ce final action on said imrrovement resolutions and declares same in all things ratified`, confirred and appro without modification..,.. The Board flow orders that on the I8th., day of June 1929, this Board will receive, open and read sealed proposals up to I0:00 A. T% , for the construction of said impro vements. The Board further orders that notices of said proposals shall be published on the 7th. , day of June and on the I4th. , day of June 1929 in the South Bend News Times and Tribune. .City `�n„ineer, filed plans, specifications and estimate and the Board said plans and specifications together :rith a resolution for the local sewer improvement on ��wing Ave under Improvement Resolution No.2244, for Tying Avenue from Franklin street to Prairie I Avenue. (See files for copy of resolution.) In the above named imrrovement resolution Na.2244, the Board hereby orders that on the I9th. , day of June, I929, this Board' will meet in their office. in the City Hall at 79I5 P. fA., to hear and receive remonstrances from all persons interested in or affected by -said proceedings on the question as to *hether the special benefits that !I will accrue to the property to be assessed, abutting on the line of said pro?posed sewer;, will be equal to the estimated cost of same, as reported by.the City FDri.gi.neer.. The � Board further orders that notices of said hearing shall be published.on.the 7th., day of June and on the Nth., day of June I929, in the South Bend News Times and Tribune according to law. j Uron the recommendation of '.7m. F. uaalls, the Board approved the Indiana B.11 Te.lepho} ie Comrany's petition to rlace undergr-and rend-ait and rebuild man holes, in this . Cityy as !� outlined in their retition of June 5th., 1929, provided they replace and nor repair � sidewalV disturbed on the Jefferson "treet bridge. it This being the date set, hearing was had on the assessment roll for the local sewer improvement on Johnson Street from Elwood -avenue to Bulla Street under Improvement res- olution No.2156. In the above named assessment roll, no remonstrators appeared and no written remon- strance was filed and the Board, being fully advised in the rremises, finds that the several lots and parcels of land have been benefited in the amounts named on said assess ment roll. The 3o-7rd, therefore, ta'ces final action on said assessment roll and declares same in all things ratified, confirmed and approved without-odification and the broceei. ings closed. The Board now orders said assessment roll delivered to the Berartment of �! Finance. it Anrvaisors, Ldward Pfeiffer, David Gibson and P. F. Rondurant, arpoint by the 73oard in the matter of the condemnation of property -for the widening of Fellows Street under Condemnation esolution No.2I98, filed the rorimary assessment roll showing the awards ! of damages and the assessments of benefits together with the following report: To The Hon. Board of ':`forks, City of South Bend, Indiana. H. G. '.'fray, City Migineer, Gentlemen : June 5th., I929 Pursuant to your request of A,;ril 6th., we, the undersigned, have estimated the Damages and benefits for the proposed widening of Fellows Street from the first alley North of 71. Y. C. right -of way to the first alley south of Sample Street. Our conclussions are set out in detail on the Schedule of I page and Blue print file) herewith. Net damages for property taken II,549.7I • Benefits as shown on schedule _II,549.7I We are filing herewith agreements covering propert$es of Grand Trunk Yestern R. R. C and the St. Joseph Loan and Trust Company as represented by "r. G. Crabill, Attorney. wherein said Crabill is to remove that part of a brick building situated on part of land t a'cen, Also agreement with J. Albert Harris and Jacob A. Holem, wherein said Harris and Hol agree to remove that part of garage bu-tlding bn land taken. `fie.have not been successful in reaching any agreement with Charles D. Hildebrand. iRespectfully submitted, Edward Pfeiffer, David Gibson i P. T. Bondurant. kppraisors it Iffednesday, June 5th. , I929. To The Hen. Board of Public Works City of ''oath Bend, Indiana. !ay 28th. , I929 In the contract dated 1,�ay 15th. , 1928, between Grand Trunk and ." estern. Railroad Company, City of South Bend, and New York Central Railroad Company, for . track removal and elevation, and modification of the agreement made between.. the Grand Trunk lestern Railway Company and the City -of South Bend, dated February IBth 1924, provision was made for acquisition by sadd City of certain properties acquired by the said Grand Trunk `'Western Railway Company for the right of way originally described in said agreement of February I8th., I924, which would be required for the widening of Sample Street and Fellows Street, and to ray to the Grand Trunk Rail way Company an amount equal to the erica rG.id by it therefor, plus carrying charges. This is to acknowledge that the undersigned has agreed with ,your committee,. viz: Edward Pfeiffer, David C. Gibson and Philip " • Bondurant, on the amount to be paid by the City to the undersigned for properties hereinafter described, in acccrdanee with said agreement of Yay ISth., I928. Twenty (W ) feet off of the west side, of Lot "A" i# Gallaghers addition and an unplstted lot north of and adjoining the same ( Old S. _ . Lathe Wor.-cs property)..........................................51881.91 East part of Lot Nineteen (19) Gallaghers Addition, 875 S. Clinton Street................................0..69358.74 FNest pirt of Lot Nineteen (19) Gallaghers Addition 39409.76 East half (2) of Lot Nine (9) Gallaghers Addition ...... 2.784.61 In calculating the carrying charges on these nr.operties, interest, taxes and insurance were cozpputed to May Ist. , 1929. It has been agreed with ,your Committe that in the condemnation proceedings now pending for the appropriation of these properties, the above figures may be used, and that the City will later pay, in addition, the interest and any dither carrying charges from May Ist.1 1929, to date of pay4ient by the City to the undersigned, for said properties less rental if any. lour committee has represented to us that the City desires to acquire a triangular parcel off of the southwest corner of Lot "B" Gallaghers Addition, for . the purpose of a public way in connection with the Rush Sample Street viaduct, the part being required being bounded by a line funning as follows: Commencing at the southwest corner of said Lot "B"; thence running east twelve and thirty-eight (I2.38) feet; thence northwesterly in a straight line to a .mint on the west line of said lot, e ght (8) feet north of the place of beginning; thence south to the point of beginning. The undersigned has agreed to convey that triangular rareel to the City for street rurnoses, and in consideration thereof the City will secure to the under signed, of its nominee, by amendment of said condemnation rroceedings if possible; otherwise, by subsequent vacation, so much of the north ten (I0) feet of lot numbered Nine (9) in Gallaghers' Addition as will not be taken, required and used for a public way rounding the corner of Rush Street and Sample 'tree`. Yours approval of this memorandum ivill stand as a contract between the City of South Bend and the undersigned. Grand 'Trunk Western R. B. Co. By W. s. Grabill. Attorney . in fact.?? The above agreement covers resolutions T.o.2I97 and 2I98, as shown on said assessment roll. k Contract. This indenture z ade in the Cit_-r of South -3end, County of St. Joseph and State of Indiana, 'Vittnesseth: That: =jhereas, J. Albert Harris and Jacob A. Holem are the oviners of the follow ing land in the City of South Bend, St. Joseph County, State of Indiana, to -wit: Lot One (I) in `yenger and -'Lreif7hbaum1s First Addition to the Cit-r of South ?Bend, And, 7/here, the said City of South Bend has, .by and through its -Board of Tublie Works, duly condemned the rortion of said r,al estate described as follows, .viz: A tract of land fifteen (I5) feet in �-;idth from east to west, taken off of and from the entire lengtlh north and south offof and from the west side of said Lot One '(I) in "enger and 'reighbaum's Eirst Addition to the Ctty of South Bend for highway purposes, under Condemnation Resolution 4T0.2I98 for the ='iidening of-`"ellows Street in said Sity; and , hereas, the said Harris and T-Tolem are desirous of retaining the improvement • 0 • • 0 • 397 Tlednesday, June 5th. I929. on said land, consisting of a garage, building.: Noty, this '` itnesseth: ' That for and in considerat' on of the sum of One Dollar (: I.00) .I paid by the said City to the said Harris and Tlolem, the rece.irt of which is hereby ac- ') ?.cnov,rledged, the said Harris and Holem hereby contract and agree to accept, for and in consideration of the a')ove described -eal estate, exclusive of building, the sum of ( 2,465.00 which sup shall be paid as d<.r a. es are -paid in _,tits?. confta-mnation proceed !� iings, and the said Harris and Holem-further contract and agree, for and in consideration of the premises and said sum of money so to be raid by said 0iy, to remove such building. within thirty days after payment, as above provided for, has b-en made to them. If they (fail to remove such building according to the stipulations hereinbefore contained, then • 1said City, at its option, either remove or raze the buildings thereon without any liabil ity whatsoever, to said TIarris and Holem, and possession of said real estate shall be gi ren to said City upon said payment, subject to the right to remove such building as ,hereinbefore ' provided. And for and in consideration of said rre,:zises and agreements of said J. Albert Farris and Jacob A. Holem said City agrees that it rill eith,r pay or cause to..be paid said ;!sum to said J. Albert Harris and Jacob A. Holem as soon as Condemnation can be completed j ;and the benefits collected. Wittness the hands and seals of said J. Albert TIarris and Jacob A. Tlolem this 9th. day of ray 1929. ' • signed J. A. Harris Jacon A. Iiolem Subsdribed' and sworn to before me this I4th. , day of Yay I929. • • i 0 T;.,. :,Creighbaum, Notary Public Yy commission expires April I2th., I933.11 In- the above named assessment roll, the Board hereby orders that on the I9ty. , day of !June 'I929, this Board will meet in their office in the City Hall at 7-I5 P. Y. to hear ,and receive'remonstrances from all rersons whose property has been affecteed by said proceedings and will decide whether the several lots and rardels of land have been or twill be' benefited or damaged in the amounts named on said ass-ssment roll or in a greater or less sum than that shown on said roll. The 3oard further orders that notices of said ;hearing together with the amount of benefits and damages, be delivered to property owners (;according to law. The Board of anpraisors, Ldward Pfeiffer, David C• Gibson and P. a. Bonduarant, filed the primary assessment roll showing the awards of damages and the assessments -of benefits ,in the matter of the widening of Sample "treet from the wrest line of Clinton Street to is point 295.05 feet west of the .west line of Fellows Street under Oondemnation Resolution 'IIo.2I91, together with the following retort: South . B end , Indiana June 5th., I929 Hon Board of Public dor-,m ''City of 6outh Bead, Indiana and TI. ;'Tray , pity 4igine er, xen 'Vle men : Pursuant to vour request of Apr`_1 6th. , we, the undersigned, have estimated the damages and. benefits for the proposed widening of Sample 'treet from the west line of Clinton St. to a point 295.05 feet west of the west line of Fellows Street. Our conclusions are set out in d etai 1 on the schedule of -'tyro pages and Blue Print filed herewith. Net damages for property ta'oen Benefits as sho,ro on schedule �56,I06.I8 56.106.18 vie are filing herewith agreements with :11. C. Crabill, attorney representing the St. Joseph Locan and 'Trust o. , and Grand Trun'c "est ern Railway Company, wherein all improve ments are taken by the `'ity. Also agreement with Herman & Sarah Freidman, wherein all improvements are ta'cen by the Citv. Also a,�ree^�ent with Isary Kovacs, wherein pity takes dwelling house situated partly on ,land ta'�cen. Also contracts with Fran'_ ?'. and Minnie Lunsford, Ferdinand and Herman Holstein, and Anil and 1`innie Dollie, wherein said owners agree to remove their improvements from, and deed to the city the part of their lands heretofore condemned. We have not been successful .in reaching any agreement 44ith Charles D. Hildebrand or Abraham -'rom. Respectfully submitted, 47 dward Pfeiffer David 0. Gibson P. F. Bondurant Appraisors. V�ednesday, June 5th. , 1929. This agreement, made this 4th., day of June 1929, by and between TQmil Dol3ie, hud Ifinnie collie, husband and wife, parties of the first part, and the City of 6outh Bernd, Indiana, party of the second part, 1itnesseth That: Whereas, the oarties of the first part are the ownerg of the East half o f Lot Lot Number Six (6) in 'Rilliam S. Andersons Subdivision, within and a part of the Oity of South. Bend, Indiana; And whereas, the said "ity of South Bend needs a part of said land as a part of Sample Street; that said Und lies close to the subway which is noy% be.ingn - constructed as apart of the track elevation or separation pro ram of t1ge " ty of South Bend, Indiana, under the tracks of the New York Central Railroad 'lompa#y; and said City has adopted a resolution for the condemnation of a strip of forty (40) feet' In width taken off of and from the entire North end of the above described real estate but that instead of completing said condemnation proceedings with reference to the above described land, said City intends hereby to purchase the same for street purposes. Therefore, it is agreed by and between the -parties that the said parties" of the first part will on or before July Ist., I929, move said dwelling house and buildings upon said property back towards the North part of said lot, so that the said frrtyr?40) feet will be free fam use for street purposes and said parties of the' first part do hereby agree to convey to the City of South Bend said stripnof land forty (40) feet in width for the street purposes on or before July Ist., I929. And in consideration of said promises made by said parties of the first part, the party of the second part does agree at the time of delivery of said deed but 4ot sooner than July Ist. , I929, it will -p.ay the parties of the first part the sub of sixteen hundred eighty and.64%I00 (I680.64) as compensation to them for their expense and trouble in moving said house frrm said forty foot strip and for the re- construction of the same and for said right of way hereinbefore described; said party of the second part further agrees that within ten days after the houses and building above described are moved off of said strip of land, that said city will establish the line where the curb is to be located on said widened street and will within said time eonstruct to said line the sewer connection and water connection, so as to make the same available for the use of the parties of the first part; said sewer connection shall be laid sufficiently deet to permit the drainage of basement under the house of the usual and average depth. And said City will on or before the first day of October, I929, lay a sidewalk upon the North side of said street and construct a concrete cubb xxx k�;�crWg,,_, at such place as it may determine, and also will pave the roadway of said street in front of said property with some good paving material, that all of said things, viz-1 the construct ion of said water connection, sewer connection, sidewalk, curb and pavement shall be done at the expense of the City of mouth amend, Indiana. And said city does llereb_� represent that the said real estate and rights thereon are being purchased as a part of its said track separation program now. being done and performed and that it has within its track separation fund and available for this use sufficient money- to pay -aid sum of money payable to the narti es of the first part, and to pay all of said ex-penses. That said condemnation proceedings shall, upon the performance of this agreement by the parties of the first part, be doscontinued, and there shall be no assessment of benefits made against the property of the -parties of the first --part arising out of the condemm tion of land for said widening of Sample Street; that the amount fixed herein, is the difference between the damages suffered and the benefits enjoyed from the wide, ing of said street. In witness whereof, the parties have hereunto set their hands in dupli sate, on the day first above written. Emil Doilie 1'innie Rollie, witness .Eli F. Seebirt. " The same contract was signed by Frank and-"innie Runsford in the amount of I680.64 and by Ferdinand and Herman Holstein in the amount of 3,698.04. Contract or agreement signed by Herman and Sarah Freidman in the amount of 79,000.00, allowing the St. Joseph Loan and Trust Co., 2,324s78, which represents their iinterest in the Freidman property. Contract or agreement signed by ?`ary -Kovacs in the amount of 6,484,I5. In the above named assessment roll, the Hoard hereby orders that on the I9t#., day of June I9 '9, this 3oard E,ill meet in their office in the City Hall at 7-I5 P. r. , to hear and receive remonstrances from all persons whose -property may be affected by such condemnation and will decide whether the several lots and parcels of land have been or will be benefited or damaged in the amounts named an said assess- ment roll or in a greater or less sum than that named on said roll. The Board further orders that notices of said hearing together vvi th the amounts of damages and benefits awarded or assessed against each be piece of property, shall be delivered according to law. The Board approved a claim of 1,41ichael Tomaszewski in the amount of 17.05. • • • • • • 399 `dednesday, Tune 5th., 1929. Upon the recommendation of R. L. Tyke, the oard allowed a claim in the amount of 45.00 for a sewer connection at I22I 35t.h., Street, 7. F. Blyton, owner. M eeting adjourned at 9 P. I% • 1 Attested: • ' Cler!E of the BoaFd ONDAY JUItTT IOth. , 1929. Board met in special meeting at I0:00 A. Y. All members present. ntto,.rney ai F. Seebirt, representing the `'hicago, South Send and Northern India na Rai Itivay `'ompany, was present petitioning the Board to allow said railway "ompany to f lay double tracks on South Chapin '�Itreet from cord to Sample ''treet, while said street !is being paved under cont-r,act duly signed and executed by the 3oard under. Imrrovement Resolution TT,).2I92. Attorney Vitus Jones was also presenting representing property owners along said street, who have remonstrabeda and filed a written remonstrance with 1Ithe Board against said double track. -after hearing all persons interested in said matLter the Board decides to ta'.e same under advisement until a later date. 0 • • • t'eeting adjourned at II-30 A. 1!'. BOARTY OF PTT3TiI(�. "TO ?Zr1S