HomeMy WebLinkAbout06/25/1929 Board of Public Works MinutesTuesday, June 25th., 1929.
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Board met in regular session at 9 A. T'. All members present.
ings held June I8th. , and June I9th. , I929, read and approved.
Yinutes of meet -
This being the date set, bids were received, opened and read for the following
improvements:
Pavement of. Elmer Street from Eincoln Way ffest to Vlwood Avenue under Improve
ment Resolution No. 2230 :
concrete walk
concrete curb
marginal curb
grading
sheet asphalt
asphaltic concrete
concrete
storm water inlets
I" water c onn 1. s.
I" water corn. s. s.
3" water Conn. 1. s.
arr water cone. s. s.
sewer Bonn.
8" pipe
Reith Ailey Co.
Albert Const. Co.
lilliston Co.
118
.20
.25
.50
.50
.50
.40
.40
.40
.85
.85
.75
2.6I
2.58
2.58
2.50
2.48
2.48
2.38,
2.40
2.35
12.50
12.00
12.50
36.00
36.00
3.4.00,
3I.50
3I.00
3I.50
29.50
29.00
28.50
25.00
22.00
22.00
I.25
I-.25'^
1.25
.90
1.00
1.00
Bids for the
pavement on Florence
Avenue from Wilber Street
to Johnson Street
i under Improvement Resolution No. 223T:
Reith Riley Co. Albert Const. Co.
Williston Co.
concrete walk
.I8
.20
.25
concrete curb
.50
.50
.50
marginal curb
.40
.40
.40
grading
.95
.85
.90
sheet asphalt
2.6I
2.58
2.58
asphaltic concrete
2.50
2.48
2.48
concrete
2.38
2.40
2.35
storm water inlets
IZ.50
I2.00
12.500
I" water Conn. 1. s.
36.00
35.00
34.00
I" water Bonn. s.. s.
31.50
3I.00
31.50
3.n water Bonn. 1. s.
29.50
29.00
28.50
'* water cone. s. s.
25.00
22.00
22.00
sewer cone.
I.25
I.25
I.25
;gtt pipe
.90
I.40
I.00
Bids for the grade, curb and walk on Campeau Street under. Improvement Resolution
No.2233:
Eston Ball Frame % Zimmer H. B. Barnes
concrete walk .I4-j .14 .I3
concrete curb .40 .40 .38
grading .55 .43 .40
Bids for the grading and pavement on aample, Fellows Streets and other streets and
jalleys '_n connection with Track elevation work under Improvement Resolution No.2125A:
Reith Riley Const. Co.
Williston Const. Co.
'.concrete walk
.I6
.18
concrete curb
.50
marginal curb
.40
.40
'combined curb and gutter
.94
.90
,,grading
1.15
I.25
sheet asphalt
2.60
2.62
asphaltic concrete
2.49
concrete
2.38
rfrr concrete
2.10
2.15
13 storm water inlets
18.50
181 50
-'? w. c.l. s. 40 rr2t.
40.00
4800
'V. C. S. S. 40 "st /
33.00
W. C. L. S. le ss than
4011 st.
32.00
'rt-!I.C.S.S. rrrrnrrnn
26.00
;,8" pipe
'.90
1.00
sewer Bonn
I.00
I.00
"rrhols
85.00
85.00
rebuild manhole
I0.00
10.00
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Tuesday, June 25th. , T929.
City "n-ineer, H. G. �Vray, filed plans, sT)ecifications and estimate;
and the Board adopted said plans and specifications together with improvement resolu
tion No.225I for the pavement on Beyer "venue from east curb line of Eddy Street to
Y'ishawalta Avenue. (see files for copy of resolution.)
In the "above named improvement resolution T-,To.2251, property owners
filed a waiver, waiving all objections on and in defense to any defect in said -proceed
ings and to any violation in proceed -are for the construction of street improvements
as fixed by law. ' 1111hereupon the 13oard, received, opened and read the following sealed
-proposals for the construction of aaid improvement:
Williston:'-, Cons tructi on Company lieith Riley Albert Co.
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concrete walk- 16 .18 .18
concrete curb .50 .50 .50
marginal curb .40 .40
combined curb and gutter 85 .94 .90
grading I.00 T.IO
sheet asphalt 2.58
asp. concrete 2.48
concrete 2.35 2.38 2.40,
lighting system 680.00 725.00 700.00
#r13 storm water inlets 18.50 18.50 18.50
I" water extension 17.00 19.00 20.00
water 12.00 15.00 16.50
water Conn. L.S. 37.00 37.00
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V r" water Conn. S.S. .30.00 MOO
sewer conn. 2.00 1.80 1.75
811 pipe 1.00 .90 1.00
I" water conn. l.s. 45.00 43.00
I" water conn. s.s. 38.00 37.00
-the assessment roll for
This being the da-1-e set, hearing was had ontgrade, curb, wale and
sewer on `.Oorby Street under Improvement Resolution Ho.22I0.
In'the above named assess.r-qent I roll, the Board decides to continue
hearing until July 2nd., 1929, at TO:00'A. 17.
This being the dae set, continued hearing was had on the assess-
ment roll for the widenin-� of Sample 6treet from a point 295 feet west of Fellows
Street to the west rro-nert7. line of Clinton Otreet under Condemnation Resoltution No.
2T97.
In the above named assessment roll, tfie Board decides to continue
heariYlg until July 2nd. , 1929, at I.0:00
This being the date set, continueed hear.Yng was had bn the assess-
ment roll for the widening of 14'ellows Street from the sout-h property line of Ist.,
-St.,
alley north of Zlamnle �'treat to the north property line,-6f I alley south of Sample
Street under C--ond�rmatx4)n'fesoll-ition No.2198.
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In the above named assessment roll,. the 3oard decides to continue
heari#g until July 2nd., 1929, at 10:00 A*
This being the date set, hearing was had on /Im-orovement Resolution
No.2244 for the local sewer improvement on Ewing Avenue from Franklin otreet to Pria:kie'
Avenue.
In the above named improvement resolution, the Board decides to
continue hearing until July 23rd. j 1929, at 10:00 A.
This being the date set, haaring was had on Condemnation Resolution
No.2243 for the opening, widening and extension of Linden Avenue and Bendix Drive.
(See files for copy of resolation.)
In the above named condemnation resolution No.2243, a written
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remonstrance eras filed by the Yor1c Central Railway Co., by attorney John A. Gavitto,l
The Board, after hearing all persons present -r_nterest-ed in said condemnatinn, decides
to take final action on said condemnation resolution -1-1o.2243 and declares same in
all things ratified, confirmed and approved without modification.
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The Board now orders that a list or roll be prep_ ared of all owners
and holders of property and of 1;aluable interests V,.erein sought to be ta--en or to be
affectedbby such condemnation, which list or roll shall also describe the rroperty
beneficially affected.
'1'r. TT. 11. 7ray-, lity Enpineer, submitted the following report on
the re-r�onstrance file," against the -pavement on Tronro Otreet -under Improvement Resolution
No.2232: Twenty five resident property owners out of forty signed the remonstrance.
This number constitutes a majority therefore the Board declares said resolution
No.2232 mill and void and all proceedings rescinded and the proceedings closed.
This being the date set, hearings were hadonthe following assess
ment -rolls:
Assessment roll for the side:.walk. improvement on the south a of
Tuesday, June 25th. , 1929.
413
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Sample Street from. Industrial Drive to point 1280 feet west under Improvement Resolution
No.2220.
1ssessment roll for . t'ne grade, curb and walk improvement on Parallel Street
from Grant '?treet to Johns on Street under Improtemen t Resolution T-Io. 2II2.
In both of the above named assessment rolls, no remonstrators appeared and no
written remonstrance was filed and the Board, being fully advised in the premises, finds
that the several lots and rarcels of land have been benefited in the amounts named on
said primary assessment rolls. The Board, therefore, takes final action on said primary
assessment rolls, and declares same in all things ratified, confirmed and approved with-
out modification and the proceedings closed. The Board now orders said assessment rolls
delivered to t-he department of Finance.
The Board anroroved the guarant6e bond of C. F. Reesh for the sewer on
Kentue'cy Street from ''viashington Avenue to the alley north of :Division Street under
Improvement Resolution ]1\o.2I82, in the amount of 245.57 ,.,rhic h is I0� of the construction
cost of said sewer. Said Bond signed by the Tlnited States "uarantee Company.
The Board arrroved a continuance bond In favor of. 71. ?r. Krillenberger for
Excavation bond Yo.3.3.33I364.
The Board siFe the contract :pith the '-'illist^n construction Company for the
ravement of the south of Humboldt :Street fro:,, tae center line of '3endix Drive to west
line of lot 39 'Lal ey 2nd. , Lincoln ' � gh�Fray nddi ti on under Im -�,rove.ment Resolution
\To. 222I in t'ne amount• of I, I40. 58. The Board also approved the cons truct ion bond of sam
in the amount of 50c' of the contr ct price signed by t',e Inland 3onding Co.
The Board signed the contract ,with ".illiston Construction Company for the
ravement of the west 1 of Bendix Drive from the south 1 ine of Humboldt Street tothe nor
property line of Lincoln Highway under Improvement Resolution 11o.2222 in the amount of
$1,278.82. The Board also approved the construction bond of same in the arroun.t of 50
of the contract price signed by Inland Bonding company.
City 1mgineer, H. G. ''fray, filed rlans, srecifications and estimates and the
Board adorted said plans and specifications together with the following improvement
rescl'uti^ns:
Improvement Resolution '''To.2247 for. the ravement of roster Street from Howard
Street to a point 9.75 feet south of the north line of St. 7rincint Street. (See files
for copy of resolution.)
Improvement Resoluti on ?o. 2255 for the pavement of 3Ist. , Street from 11isha
Avenu to Pleasant Street. (See files for copy of resolution.)
Improvement Resolution TTo.2256 for the pavement or resurfacing of Tonti Avenue
from Tecu:7.seh Avenue to the wept line of Irquois Street. (See files for copy of resolu-
tion.
Improvement Res^lution 171o.2254 for the ravement and ,,ridening of Kline Street
from the south curb line of Lincoln ':lay East to aging -Avenue. (See files for cope of
resolution.)
In all of the above named improvement resolutions, • the• Board hereby, orders
that on the I7th. , day of July I929, this Board ,,rill -eet in their office in the City
Hall at 7-I5 ". Y., to hear and receive remonstrances from all rersons whose property
may be assessed for said improvements and will decide whether the benefits-,-ta�;t3 e.sever,
lots and parcels of land• liable to be assessed for said improvements will be equal to
the estimated costs of same as reported by the City Civil E�agineer. The Board further
orders that notices of said hearings shall be published on the 28th. , day of June and
on the 5th. , day of July I929 in the South Bend News Times and Tribune ,according to law
and that notices be mailed to -property owners according to law.
City 'Lngineer, ?i. G. "tray} filed the pri7.ary assessment roll for the local
sewer' improvement in gierwins'oi Street from Brookfield Street to . the C. I. &. S. R.R.
under Improvement Resolution '7o. 22I9.
In the above named assessment roll, the Board hereby orders that on the TOth. ,
day of July I929, this Board will meet in their office in the City Mall at I0:00 A. IT.
to hear and receive rer_ronstrances from all rersons whose property has been assessed for
said improvement and will deceide whether the s e-reral lots and parcels of land have beenli
benefited in the amounts named on said primary assessment roll or in a greater or less
sum than that named on said roll. The Board further orders that notices of said hearing .
shall be rublished on the 28th., day of June and on tze 5th., day of July 1929, in
the South Bend Trews Times and Tribtuie according to law.
City Engineer, "Iray, filed +he primary assessment roll for the grade,
curb and walk improvement on 35th. , street from G. T. '.% R. R. to the north line of
Lots II2-C and 94 in Belmont Addition under Improvement Resolution TTo.2I45.
In the above named assessment roll, the hoard hereby orders that on the Ipth.,
day of July 1929, this Board will meet in their office in the City Hall at 7-I5 P. PT.,
d to hear and receive remonstrances from all rersons whose pnnpertTr has been assessed for
said improvement and will decide whether the several lots and parcels of land have been.
!i. or will be benefited in the amounts named on said primary roll or in a greater or less
4-14 Tuesday, June 25th., 1929.
sum than that narr,ed on said roll. The Board further orders that notices of said
hearing on assessment roll shall be published in the South: Bend Trews Times and Tribun
on the 5th. , day of July and on the 6th. , day of July I929, according to law.
The following petitinnwas filed by Jones and Cbenchain, attorneys
for the New Jersey, Illinois and Indiana Railroad Company.
"State of Indiana )
St. Jose-h County) SS
Before the Board of Public ';Works of •
the City of South bend.
Petition of the New Jersey, Indiana and Illinois
Railroad Company for consent to lay addition track across
Sample Street.
To the uonorable'!"ayor, Common Council and Board of Public forks
of the City of South Bend/
Your petitioner, the New Jersey, Indiana and Illinois Railroad
Company, respectfully shows by this, its petition:
I. That said petitioner is a corporation duly organized and •
existing under and by virtue of the laws of the State of Indiana for the -purpose of
operating a steam railroad and particularly organized and existing under and by
virtue of the general laws of the said state pertaining to the organization and
existence of steam railroads.
2. That said petitioner is duly authorized to maintain and operate
its present steam railroad in the City of South Bend under and by virtue of Ordinance
Number I250 adopted by the Common Council of the City of South Bend, February 28th.,
I904, and Ordinnace Number 2I00, adopted by the Common Council of the City of South
Bend, July.I2th., I920.
3. Your
petitioner further respectfully shows that it owns, oper-
ates and controls a steam railroad in the said State of Indiana, and paerticularly in
and through St. Joseph County, in said State, and in and from the station of Pine
in said County in a ngrtherly direction in and to the City of South Bend, and is a
common carrier of freight and passengers for hire, both in state and interstate
commerce; and that its line of railroad connedts with and furnishes interchange of
traffic ,.-pith other lines of railroad engaged in such com-erce; that in order to
provide accommodations necessary to accomplish the purpose for which said Company was
incorporated, and in order to furnish proper and adequate public facilities in the
discharge of its duties as such common carrier, and for the purpose of improvement of,!'
its raad by the construction of additional yard facilities and team tracks, it has
become and is necessary and desirable that the said petitioner construct, operate
Street,
and maintain across Sample and additional track in said City.
4. That at the nr esent time paving is in progress on Sample Street,
and this petitioner has at the direction of the City Engineer a t actually laid said track:
sub?cect, of course, to the consent of this Board of Public TVorks and the approving
ordinance of the Common Council.
701,1' this petitioner prays that it be granted permission to
construct, maintain and operate said additional track across Sample Street in the
City of South Bend.
N 7 J 3vff, INDI?.NA & ILLINCIS RAILTROAD COMPANY
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BY JON, 79 A"T') OB71CTIAIN ATTORNT YS. "
In compliance with the above -nettition, the Board adopted the follow-
ing resolution:
IN TuE TrATT a'R CF P^TITIOI,T OF TTI^
N777 J7T?94 , INDIATTA �c ILI,INOIS RAIL
ROAD r'OPTATTY 'C? 'FR?`I S SI CN TO 'OTT
STRTTC T '".1 INT A IN ^. "TD O'_'T,'R AT F AN
ADDITIONAL TRA(7 AC70SS SAT'PLF STR 1J^JT
IN TTIF CITY OF S OUT' '3 STD �.
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RFSCT:UTION.
RFSOL7741), by the Board of Public 4orks in the City of South Bend,
Indiana, that the petition of the New Jersey, Indiana and Illinois Railroad Oomroany
heretofore filed, asIcing for permission to construct, maintain and operate an addition;'
al track across Sample ,treet, as .hereinafter 9-erther set forth, be and is same is
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Tuesday, June 25th., I929.
hereby ^ranted, on the following terms and conditions, to -wit:
I. Said additional track shall be constructed on lands o,}ned by the New
Jersey, Indiana & Illinois Railroad Company and shall cross Sample Street at grade.
2. Said additional track shall be constructed, maintaitned, used and oper-
a.ted according; to the terms of the franchises heretofore granted to the said New
Jersey, Inianana, Illinois 'railroad Company, which said franchises were contained
in an ordinance adopted bn the 28th., day of February 1904, and all ordinances
amendatory thereof or supplemental thereto.
3. The said New Jersey, Indiana & Illinois Railroad Company, its successors
and a ssi gns shall so constr-:i.ct its said tracks as to cause the least obstruction
possible to the passage of rersons and vehicles and shall always maintain said cross
ing so as ma'_ce the sage safe and convenient for the passage of persons and ;vehicles
Company,
and said Company, its successors and assigns, shall make and maintain under its said
tracks, sufficient culverts and drains to admit the free passage of water along said
street and shall when required by said City plank said tracks between rails the entire
width of said street and shall when so reauired also, plank the sidewalks where they
cross such tracks and shall '_peep such crossings when so made, in good repaid and
condition;
4. If said railroad company, its successors and assigns, after notice,
shall fail or refuse to do any and all of the things required by this contract,
then the same shall bre done under the order-°s of the Council by the Street commissioners
of this City and the expense of doing same, with a p-nalty of twenty (20�) percent,
be recovere,' from said Company, its successors and assigns, in any court of competent
jurisdiction.
5. The said Railroad Company, its successors and assigns, shall be subject
toall ordinance and re, i3o:°r in force, or any that may he hereafter passed
by the ommon Council• of said `'ity in relation to the speed of trains In or through
the `pity and the securit of citizens and others from the operation of trains in or
through said lity and to all reasonable regulations and ordinance concerning the
running and operation of railroads in said City.
6. To each of t �� terms, cinditions, provisions,stinulations and re€�uirements
of this contract the City of °outh Bend, by and through its 3oard of Public `orks,
party of the first part herein, and the said Ztew Jersey, Tndiana � Illinois Railroad
Company, party of the second part herein, do fully agree and do bind themselves, their
successo--s and assigns.
7. The permission hereby given shall be subject to the approval and confirm
ation of the Common Council of the City of %uth Bend.
ATTD B'± IT F 'RTuFR R7,SO-,7vD, by said 3oard of Public Works, That Wednesday
the IOth., day of July I929, at 7-30 P. IT., at the office of said Board of Public
Works in the City of 6outh Bend, Indiana, be fixed as the time and plade when xxilt
and w-lere this resolution shall be finially considered and a public hearing thereon
: shall be had, and at which time protests aga �nst any or all t'ae provisions of said
resolution shall be heard and condidered a#d that notice of the time and place of such
hearing shall be given asrequired by law.
IN TFSTIA" OTTY "ITT 177,0 4', we have hereunto set our hands and -seals this 25th.,
day of June 1929, in duplicate.
H7 CITY OF nTTTT� 97IND
By
UoTT r, CT1roroR
RAT,PTT 7. -7TSS
T3O'LRD OF PTr3LI^ ' ORBS
N77 JTRSFY INDIAT'A & ILLINOIS R ",TLROAD 1707'PA"TY
3Y T. A. ?TYN ES ?RFSIP 11TT. "
The '3oard signed the follo,.-iing lease of space on Airport.
. LEASE OF SPA^F ON AIRPORT.
This indenture made in the City of mouth Bend, County of St. Joseph, State
of Indiana, this Ist. , day of July, 1929, witnesseth:
An agreement made by and between the Yunicipal "ity of South Bend, Indiana,
by and through its 3oard of Public `corks, party of the first part and the Schockley
Flying aervice, r.arty of the second"part, as follojvs,to-wit:
the said first party having leased and being in possession, subject, however,
tp to certain rights 8iven to the Ot. Joseph 'Talley Aviation Club, Incorporated, of
;I the said City of South Bend, which contract is dated June 25th., 1928, and which con
tract said senond ?parties are familiar with and copy of said contrast is attached
hereto,, the following described real estate; situate in zit. Joseph `'ounty, Indiana,
to -wit:
Tuesday, June 25th. , 1929.
"The southeast quarter (S7,:) and the past Half (M.1-)
of the oouthwest Quarter (S71+) all in Section Fifteen
(I5) Township thirty eight (38) North, mange three
(3) East.
For and in consideration of the agreements hereinafter contained
for second party to do and-erform, the said first party does lease unto said second
party the following described and bounded parcel within and a part of the above described
real estate, to -wit:
"Beginning at a point at the northwest corner of Il'unicipal danger
No. Two (#2); thence north about 140 feet; thence east 60 feet;
thence south about 140 feet; thence west -to the place of beginning.":
for the reriod of one (I) .year from and after the Ist. , day of July_ I929.
Said first party also grants unto said second party an option to
renew its said lease from an0after the expiration of the said'one year lease, but not
to extend beyoind the term of its own lease of said -remises.
In consideration of said leasing by first r..arty to second party,
said second -arty contracts and agrees to pay said first party on the Ist.1 day of
July 1929, the sum of one hundred dollars ( 100.00) for the rental for said premises
for said year and in case of a renewal of the term for another year at the expiration
of the first ,year of the tenancy , thenc aid second -arty shall -.ay to said first party
a lice sum of One TTundrerl Dollars ''I00.�O) at the beginning of th-i second year of the
tenancy. Said second party shall ;live notice in rriting to said first tarty at least
thirty (30) days before the expiration of the said first year of the tenancy of its
intention to continue the lease by the acceptance of said o-ption.
Said ~'econd Party shall have the right to erect any buildings it
.gay desire upon the above described and leased premises, vThich building shall comform
to the sr,ecifications arprove' by the said first party, its Board of Public "or1k:s or
.'anager of the -Lsir port that the said Board of Public ''ores may appoint, which building;'
it may remove at its option, at the expiration of the one gear term of the lease and
in the event of a renewal of said term for another .year then at the ex-iration "f sai:
second term of the lease, but in removing said buildings the premises shall be left in
as good order and condit'on as they are now in.
Said second r1i.rty shall have the right to use the said premises
:oereby leased to it for its own shin hangers and for a flying school �.n,-1 i t 1�,Iay. 'ase the
other -ort ion of the Tremises first hdreinabove described in its flying school instruct-]
ions, but all such uses shall be subject to the ri -:its of said first party as well as the
rights of the said It. Joseph ]Talley Aviation Club, Incorporated, as set out'in their
said agreement, copy o_' �7drhich is attached hereto.
aaid second party shall also have the right to carry- supplies and
parts for aeroplanes for its own use and for sale to other aeroplance users, except
gasoline and oil for the purpose of sale, however, said second Tarty shall have the
right to fuel or furnish gasoline or oil for its own planes.
Said second party shall ha -re -:,-Le ri-ht to transfer frei ht and
-passengers and use the said leased premises as an aeroplane service station, such right
however shall not be exclusive for said second rartys use siff the said premises shall be
such as will not interfere in any way with t'_ie operation of mail planes or airmail ser
vice.
Said second party receives no right hereby to occupy tie other
buildings upon said first above described -remises, except by special permission of
the Board of 'ablic 14or s or its duly authorized Aitport-Yanager.
Said sec�;nd party will in all things conform with the rules and
requirements of the 'department of Com-merce and the laws of the State of Indiana concern
in,- aviation now in force and that may be hereafter enacted and that they will not use
any airships upon said -remises or permit any one in their employ to operate any airships
or airplanes that have not been duly licensed by the Der_,artment of Commerce.
In "'1ITITESS ''IH ZTOF, the parties hereto do hereunto sets their
hands and seals this day and year above first written.
T-77TICIPAL ^ITY "07 SOTJTTI -3 ?'� IidDIAT A
By ,,,. 'II=
'JO'Fjy LT• Si14Or"OR
'RA T: PT1 T1rr. _1 l!� S
BOARD 0 r PT LI^ ,_TC _ a
AND
SHO'; Tj_qY FLYING S TRVI C E
BY CLYDE STI"!l-CL �Y. "
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Tuesday, late 25th. , 1929.
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The Board signed the following Airport lease:
This indenture, made in the City of `'ouch Send, Counter of St. Joseph, and
State of Indiana, by and -be -weep the i%unicibal �'ity of Sou.th,13end, .Indiana, Lessor,
and Shoc'cley .dying Service Lessee,-ditnesseth, That the Lessor has and does
this day lease to the Lessee its Hanger No.2 situated on the F°°unicipal .fir Port
Field northeasterly from said 6ity, as follows, to -wit:
Said tenancy is to begin on the Ist., day of July 1929, and to terminate
at the end of One year therefrom.
In consideratioia of said leasing of said hanger by said Lessor to said Lesseeit
the Lessee Contracts and agrees to pay unto the Lessor in advance for said Hanger for
the period of One month th.e sum of Sixty Dollars ('�60.001 which sum shall �e paid
to the Manager oft -said Field the first day of each month thereafter during the life
of this lease.
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 current used in its said
hanger, the said Lessor 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
and regulations established by said Lessor as well as by the rules and regulations
_l authorized by the Air Commerce r'ct of 1926, as laid out in the Aib Traffic Rules
effective Yarch 22nd., I927, and established by the United States Department of
Com:_eree, as well as all amendments thereto by said Derartment.
'�Iiad Lessee, i `;s agents, representatives and helpers, shall exercise due
care to guard against fire and injuries to persons and property; thall leave no
rubish upon said air port area; shall do no stunting or low flying over said airport
and shall give to aeroplanes landing the right of way over its ww4 planes taking off
and shall give to aeroplanes in trouble or United States hail Planes the right of
way over its own air traffic
Sia d Lessee shall allow no liquor to be brought on the field, nor allow
any person connected with it or in its employment t - use or ride in a plane while
drinking or in an intoxicated condition and to immediately register, upon landing,
the name and address, type of equiipment, license or military number of its atreraft.
It is agreed that any violation of the provisions herein contained _or regula
tions, 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 agreed that the said City shall be in no way responsible
for accidents, injury or loss or damages to aeroplances either from fire or.theft.
In witness khereof, the Darties hereto do hereunto set their hands and seals
this day and year first above written.
unicipal City of South Bend, Indiana.
by John 3. -Kuespert, Airport Yanager
ShIckl ey r'lying Service
By "lyde Shockley."
The Board signed and approved payroll claims for various departments in the
amount of I4,I90.06.
The Board signed and approved pay roll claims in, t,he. amount. of 64I.3.3 and
hereby orders City controller to pay same out of Track l� evation fund.
"feet ing adjourned at II-3O A. Y.
Atteste'_:
C er'c of the Board
W 02
RAO NO