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HomeMy WebLinkAbout08/06/1929 Board of Public Works Minutes400 Tuesday, August 6th. , 1:929. Board met in regular session at 9 A. IT. John. K. Smogor absent. TTinutQs of meetings held July 30th. , `and "July 3lst. , 1929, read and approved. The Board adopted plans and specifications t'ogethe.r with the following resolution for lighting certain,'. streets and bridges in the City of South Bend: R E 9 0LTITI 0X Resolved: I. That the Board of Public '.Vorks Of the City of South Bend, Indiana, does hereby adopt the attached plans and specifications for lighting streets, alleys , boulevards and public places at locations set forth in said plans and specifications., In the City of South Bend, Indiana and the form of contract embodying the same- which the Board prpposes to enter into providing a satisfactory bid for said lighting is received. Copies of this resolution and of said plans and specifications shall be kept on file At the office of the Board for the use of bidders and other interested persons. 2. That sealed bids or proposals for the furnishing of lamps and light and the necessary maintenance of same for the "lighting of streets, alleys, boulevards and public places in the City of South Bend, Indiana, in accordance with said plans and specifications, . enclosed in an envelope directed to the Board of Public °corks of the Cit7 of South Bend, Indiana, endorsed "Proposals for Public Lighting" with the name rf the persons or corporation making the bid, will be received by the Board of Public 'forks when call for during the meeting of said Board of Public ;forks to be held at its meeting place in the City Building in the City of South Bend at the hour of I0:00 O'Clock A. V. on the 27th., day of August, I929, and immediately there- ater at said time and place and during said session of said Board of Public Works, all bids will be publicly opened and read and the aw°;rding of the contract, if awarded., will be made by resolution of the Board of Public Works as soon thereafter as practi- cable. Ai 1 bids shall be upon the attached form prepared therefor by the Board of Public '`forks or upon a form substantially similiar thereto. The Board reserves the right to reject any and all bids. 3. That each bidder shall file wi-th the Board of Public Uor'cs ^f the City of South Bend, with hid bid, an affidavit required by law, stating that such bidder hqs not directly or indirectly entered into any combination, collusion, undertaking or agreement with any other bidder to kaintain the -price of the service of contract herein specified or to prevent any other bidder'or bidders from bidding on such eervice or contract or to induce any bidder or bidders to refrain from bidding on such service or contract and that such bid is made without regard or reference to any other bid or bids and without any agreement, undertaking or combination either directly or indirectly with any other person, firm or corporation with reference to such bidding in any way or manner whatsoever. 4. That the said Board, on behalf of the City, cause to be published in the South Bend Tribune and South Bend IJews Times, newspapers of Mineral circulation printed and published" in said City of South Bemd, a notice informing the public and contractors of the general nature of the proposed lighting and of the fact that plans and specification therefor and the form df contract to be entered into with the successfuly bidder and form of ordinance approving same, are on file in the office of said Board of Public ""forks for the use of bidders" and others interested persons, and that sealed proposals for such lamps and light and the maintenance thereof in accordance with such plans and specifications will be called for and received during the meeting of said Board of Public Works to be held in its office at the time and place above fixed. Said notide shall be published in said newspapers once each for two successive weeks, the first publication to be at least ten days prior to the date fixed for receiving bids., The Clerk of said Board is hereby ordered to cause publica- tion Of notice to be made in accordance herewith. Signed W. R. Hinkle .John K. Smogor Ralph H. K,lss attested: Hazel A. Turner, Clerk of the Board." The Board approved the plat of Mangold Highlands with the following dedicati Mangold Highlands. The annexed Plat of Mangold Highlands is a subdivision of the following descri ed property: - Beginning at the Omthwest Corner of section Thirty -Two (32) Township T4irty- eight (38) North, Range Two East; thence east seven hundred and ninety two and forty Jum six (792.46) feet; thence north two thousand six hundred.and fifty and two -tenths !� (2650.2) f e et ; t hene e sanaWx dxx�xx ge x�s�x�# cx�a ��xxxxxx 10) • • • • • • Tuesday, August 6th. , 1929. `.west seven hundred and ninety one and fifteen hundredths (791.I5) feet; thence south 1two thousand six hundred and fifty and two tenths (2650.2) feet to the place of beginnings The sizes of the lots and the widths of the streets are t indicated on the Plat in f eetl The streets are hereby dedicated to the Public, for It rub l i c use. 3! Easements, as indicated on the plat, are reserved for the I� use of public utilities. it E. In witness whereof, we have hereunto set our hands and ;) (seals this 5th., day of August, I929. I I it Elmer E. Yangold, Vathida A. Mangold State of Indiana it it II County of St. Joseph. j ,t •: Before me, the undersigned, a Notary Public. within and for I said County and State personally came Elmer E. Mangold and Mathida A. Mangold and acknowledged the execution of the annexed Plat for the uses and purposes there in it mentibned. a In witness whereof, I have hereunto set my hand and Notorial1 Seal, this 6th. , day of August 1929. ! Hazel A. Turner, Notary Public Vy commission expires January 9th., I930." The Board approved the Plat of the Town of rich-Inda with E! - the following dedication: Torn of Ifi ch-,Inda. The annexed plat is the Tom of Mich-Inda in Clay To,,vnship, ? St. Joseph "ounty, . Indiana, and is composed of a tract of land described as follows: it All that piece or parcel of land and all lots and parcels embraced within the same, situate in the West half of the West bald of the Northwest '�,uarter of Section Twelve, Township Thirty-eight, North, Range, Two East, beginning at a stone situate in the center of Dixie Highway, also known and designated as U.S. High way No.3I, at the boundary line between the states of Indiana and Michigan; thence Souti, to the center of a public highway known as Dreamwold Street; thence crest in the centre I of said Dreamwold Street to the right of way of the Southern Michigan Railway Company electric line; thence North along the Fast line of slid right of way to a point opposite and directly Vilest of the point of beginning; thence Fast to the boint of beginning, along► the said State boundary line." The plat eontaines ninety-one (9I) lots numbered from bne11 (I) to seventy nine (79) inclusive. and from eighty-two (82) to ninety- three (93) j inclusive. The lots in this plat are subject to building restrictions • and conditions as recorded August 2, I929, in Viseellaneous Record of the records of St. Joseph ounty, Indiana. The streets and alleys are hereby dedicated to the public fob public use. - 'i i The dimentions of the lots are s'rown in feet and decimals thereof. I !I In Iiitness whereof the proprietors of this plat have hereunt caused their signatures to be affixed this 2nd., day of August I929. Richard Gardner {! Joseph Gardner St.- Joseph County I "tate of Indiana +I Before me the undersigned., a Notary Public in and for said County came Richard E. Gardner and Josephine Hardner, his wife, and acknoweldged the execution of the above plat on this ith., day of August 1929. Walter R. Arnold Notary Public j j V7 commission expires Fehruary 28, I933.n 45 Tuesday, august 6th., 1929. i GRANT OF EASVF7T11TS AND BUILDING RESTRICTION RESERVATION. - - - KNOW ALL 1 N BY TTESE PRESENTS: That for and in consideration of the mutual advantages ,to accrue to the undersigned, Richard E. Gardner and Josephine Garnder, h: husband and wife, of St. Joseph County, State of Indiana, owners of the real estate hereinafter described, hereinafter called the "grantors", atta of .all persons directly;! or indirectly becoming siezed of any of the 16ts hereinafter described, from the grantors or their heirs or assigns, the grantors do hereby pronounce, effect, and establish upon the said realestate, situate in `'t. Joseph 'ounty, ,Indiana, the following defined restrictions, prohibition, and easements oter, upon and in relation'; to All that piece or parcel of land and all lots and parcels embrace within the same, situate in the West half of' the.west half of the northwest quarter of Section Tvy Twelve, Township Thirty eight north, Range Two east, beginning at a stone sitting in the centrs bf Dixie Highway, also known and designated as U. S. Highway No.3I, at the boundary line between the state of Indiana and Mchigan, thence south to the centre of a public highway known as Ereamwold Street, thence west in the center of said Dreamwold Street to the right of way of the Southern R'ichigan Railroad Company electric line; thence North along the east line of said right of way to a point opposite and directly west of the point of beginning, thence east to the point of beginning, along>'said State boundary line; which said real estate has been surveyed and platted under a plat designated as Town of Mich-Indan, and which plat it is intended sha shall go of record and the restrictions, prohibitions and easements herein contained shall be effective when, as and if the To of Tich-Inda, Plat goes on record in the office of the Recorder of St. Joseph ounty, Indiana. The restrictions, prohibitions, and easements are as follows; I. No piece or parcel of said real, estate shall ever be sold, leased or assigned to, or occupied for residence purposes by any person not a member of the Caucasian race. 2. Lotd numbered consecutively from 14 to 2I, both inclusive, lots I, 2, 3, and 93; lots numbered consecutively from 40 to 47, noth inclusive, lots 82 and 92, numbered consecutively, both inclusive, shall be unrestricted as to use, set -back or side yard, 3. Lots numbered consecutively from 22 to 37, both inclusive, and constitut ing a block; lots numbered consecutively from 48 to 63, both inclusive, constituting another block; and lots numbered consecutively from 64 to 79, both inclusive, eonstitu 11 ting a third block, are restricted to use for residential purposes. However, after a period of five years from this date, the restriction and prohibitions with referenc4 to use for residential purposes, may be released as to all of said several three blocks, if a majority of the owners of any of one of the said blocks subscribe a petition directed to any court of record having jurisdition to declare the said restriction at an end as to such several blocks; and provided further that such attempted release of restriction shall hot be inconsistent with any lawful zoning r-r-:"`"', ordinance or regularion then in force in relation to the real estate emtrraced in said petition. 4. No residence shall be construction upon any of such real estate so re- stricted for residential purposes and front facade where of or any foundation whereof shall be nearer than thirty feet from the street line next adjacent thereto. 5. No residence shall be constructed containing less than four rooms nor unless all water and toilet facilities are constructed, erected and maintained within the foundation alls of such residence. is 6. No residence shall be constructed, the roof or foundation walls whereof are dis+ant from the lot side lines less than three feet except as to lots hereinabovei exempted from such provision. 7. No busines or industrial building shall be constructed or maintained upon any of such real estate, i1cluding property not restricted for residence purposes, unless the water and toilet facilities are established and maintained within the foundation walls of such huilding. 8. There shall be assigned as cartilage to each dwelling house constructed upon such premises restricted to residential purposes, a frontage of not less than thirty-eight feet and a depth of not less than one hundred forty three feet, and not more than one dwelling house and such apprutenant buildings to reasonable conventLenee the occupants thereof shall be constructed within and area of less than fifty-four hundred square feet of cartilage. The outside covering miterial, except roof of all buildings and figopurtenant buildings ( whether business or residential) shall be finished of wood, siding , shingles, stone, cement, brick or stucco, or any combina- tion of such materials, and no old buildings or part thereof shall be moved upon or incorporated in the building or buildings constructed on any of said property. 9There is reserved an ease4ient right to use a strip of land five feet in width along the rear of each lot to be used by public utilities in constructing thereon subterranean pipe or pole lines and the grantors reserve the right to determine what public utilities shall avail themselves of this easement. I0. If any zoning ordinance of a city or incorporated t9wn shall befiome effective on the plat, then such zoning ordinance shall supersede the restrictions herein contained in so far as these restrictions and prohibreitions are inconsistent wittt the provisons_of such ,zoning ordinance. All of the strictions, prohibitions n • • • L-1 • • Tuesday., August 6th. , I929. 403 0 • • and easements herein defined are established for the benefit not only of^the grantors their heirs and assigns, but shall also insure to the benefit of the purchasers, occupants and lesesss of said lots or of any of them. II. A11 deeds of conveyances for any lands hereinabove described shall contain covenants of restrictions and prohibition as herein defined. Breach of such conditions or covenants by granteem lessee or occupant shall not operate to void grantees title, but any interested person, firm or corporation shall have the right by injuntion to restrain the breach or threatened breach, and maintain an action of damage because thereof. Witness the hands and sears of the grantors on this Ist., day of August I929. Richard E. Gardner, L.S. Josephine Gardner L.S. St, Joseph County State of Indiana Before me the undersigned, a notary public, in gknd for said County and State personally appeared Richard E. r,rdner and Josephine Gardner, hushand and wife, known to me to be the same persons who subscribed and are described within the foregoing grant of easement and reservation of restrictions, and each acknowledged to me the free and voluntary execution of said instrument as the free act and deed o: each, given for uses and purposes therein contained, on this 2nd., day of August I929. aforesaid. fitness my hand and notorial seal the day and year last 71alt er R. Arnold, Notary Public MY commission expires February 28th. , 1933.11 This being the date set, bids were received, opened and read for the sewer in Ewing avenue under Improvement Resolution No.2244. Bids are as follows: VITRIFIED PIPE SEVER I8 n 15" 12" 8" 6 n Manholes complete No. Ind. Cons t. Co. 1.34, 1924, 1.09. I.001 .59d 64.00 Edward DeJulio 2.15, I,65,q I.30, .50, .60� 70.00 C. F. Reesh, 2.25, I.60, 1.25, .50, .70 65.00 Rocco Simeri, I.55, 1.10, .80, I.87, .55 60.00 John F. Hipskind, 2.45, I.75, 1.49, I.009 .90 70.00 REINFORCED CONCRETE PIPE SEIVER I8 inch, I5 inch, 12 inch, 8 inch, 6 inch. Manholes comp. Northern Ind. Co. I.34 I.24 I.09 1.00 .59 64.00 Edward DeJulio 1.90 I.60 I.30 70.00 C. E. Reesh 2.00 I.50 I.I9 .50 .70 65.00 Rocco Simeri I.50 I.00 I.75 .75 .60 60.00 John F. Hipskind 2.45 I.75 I.49 I.00 .90 70.00 This being the date set, bids were received, opened and read for the pavement of the alley south of Division Street from Scott Street to Chapin Street under Improvement Resolution No.2257. Bids are as follows: Frame and Zimmer ?I. R. Barnes Hoban & Roach T. Tranberg grading .90 .70 .80 .60 concrete ra.vement 1.95 I.85 1.85 I.90 All of the above bid s handed to City Engineer for t ab>ula tion. City 1�rigineer, Ti. G. Wray, submitted the following report on the remonstrance filed against the pavement of Liberty Strut under Improvement Resolution No.2246: "There are 49 freeholders residing along this proposed improve j ment, twenty five of whom have signed the remonstrance. This constitutes a majority and I would, therefore recommend that no further action be taken on said improvement. signed H. G. Wray, City aigine er. " I The Board, therefore, decides to take final <action on said improvement Resolution No.2246 in the matter of the pavement of Liberty Street and declares all proceedings null and void and action former action rescinded and the I; proceedings closed. 454 Tuesday, august 6th. I929. If j The Board signed the contract with Eston Ball for the grade, curb and walk Improvement on Grunt Street under Improvement Resolution No.2250 in the amount of 785.20. The Board also approved the construction Bond of same for I00% of the contract Ili price signed by Employers Liability Assurance Corporation. pity Engineer, 7. r,. Wray, filed the following primary assessment,:rolls: Assessment roll for the pavement on Kenwood Avenue from Olive .Street to Johnson Street under Improvement Resolution No.2I69. Assessment roll for the pavement on Longley Avenue from Johnson Street to Silber Street under Improvement Resolution No.217I. Assessment roll for the grade, curb and walk improvement on Bulls Street from Portage Avenue to Medora Street under Improvement Resolution No.2208. In all of the above named assessment rolls, the Board hereby or l ers that on the 28th. , day of August 1929, this Board will meet in their office in the City Hall at 7-I5 P. M. , to hear and reftive remonstrances from all persons whose property has been assessed for said improvements and will decide whether the several lots and parcels: of land have been or will be benefited in the amounts named on said primary rolls. The Board further orders that notices of said hearings shall be published on the 23rd. , day of August and on the 24th. , day of August I929, in the South Bend News Times and Tribune according to law. City Engineer, H. G. `+dray, filed the primary assessment roll for the local sewer improvement in Elmwood Drive under Improvement Resolution No.2I55. In the above named assessment roll, the Board, hereby; orders that on the 28th. , day of August, 1929, this Board will meet in their office in the City Hall at 7-I5 P. Y., to hear and receive remonstrances from all persons whose property has been assessed for said improvement and will decide whether the several lots arld parcels of land have been or will be benefited in the amounts named on said primary assessment roll or in a gmeater or less s»m than that named on said roll. No petitions having been filed for A'_ehange in the type of pavement other than that specified in the preliminary order for the pavement of Douglas Street from lhibail Avenue to Bruce Street under Improvement Resolution No.2252, the Board this 6th day of August ,I929, hereby maces a final order for light traffic concrete pavement as the type of pavement with which said street shall be improved and awards the contract for said improvement to Albert Construction Company at their low bid of 4, 739.72 for concrete pavement: No petitions having been filed for a change in the type of pavement other than that specified in the preliminary order for the pavement on 'Tilber Street from Lincoln Way West to Elwood Avenue under Improvement Resolution No.2253, the Board, this 6th., day of August, I929, hereby makes a final order for sheet asphalt pavement heavy traffic as the type of pavement with which said street shall be improved and awards the contract for said improvement to the ':ffilliston Construction Company at their low bid of 3I.90I.94 for sheet asphalt pavement. The Board approved the Guarantee Bond of Joseph Rothwell for the Fremont Street sewer from Humboldt Street to Elwood Avenue under Improvement Resolution No. 2218 in the amount of 200.37 signed by the Columbia Casualty Co. The 'Board =�.pproved the Guarantee Bond of the Albert Construction Company for the pavement on Smith Street under Improvement Resolution No.2I67 in the amount of 7I5.40 signed by Inland Bonding Company, The Board approved the Excavation Bond of Charles Franz in the amount of $I,000.00 signed by the Mnployers Liabiltty Assurance Corporation. The Board approved the excavation bond of Samuel Levy in the amount of JI,000.00 signed by the United States Guaranty and Fidelity Company. The Board approved the renewal certificate for excavation bond of Louis Stoll in the amount of-�I,000.00 signed by Metropolitan Casualty Insurance Co. The Board approved the renewal certificate for the excavation bond of Neupert in the amount of $I,000.00 signed by Hartford Accident and Indemnity Company. 'j The Board approved the partial estim--r.te --ubmitted by the City Engineer, H. G. Wray for the grade, curb and walk on Campeau Street under Improvement Resolution No. ±i 2233: "I herewith submit Partial estimate No.I for the grade, curb and walk jl improvement on Campeau Street under Improvement Resolution No.2233, in accord-nce with 3Ithe terms of the contract between the City and H. N. Barnes, cont_^actor. The Board signed and approved same in the amount of 2,I96.48. This being the date set, continued hearing was had on the assessment roll for the vacation of a part of 22nd., Street from Jefferson Blvd., to Sunnymede Avenue under Vacation Resolution No.221!. In the above named assessment roll, the Board decides to continue hearing until August 27th. , 1929, at I0:00 .A. M. • • • • • • 455 Tuesday, August 6th., I929. PJ 0 • E 0 This being the date set, hearing was had on Improvement Resolution No.2258 for the pavement of the first alley north of Colfax Avenue from Esther Street to Greenlawn Avenue. (See files for copy of resolution.) In the above named improvement resolution No.2258, no remonstrators appeared and no written remonstrance was filed and the Board, being fully advised in the premise 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 tarce final action on said improvement resolution and declares same in all things ratified, confirmed and approved without modification.. In the above named improvement resolution No.2258, the Board, hereby orders that on the 27th., day of August, 1929, this Board will open, read and receive sealed proposals up to I0:00 A. Y. The Board further orders thatnoticesof said proposals shall be published on the I6th., day of August and on the 23rd.;, day of August 1929 in the South Bend. News Times and Tribune according to law. The Board approved pay roll claims for various departments in the amount of 524.99. The Board also approved claims for various departments in the amount of I8,246.00 meeting adjourned at I2 0' Clocic Attested: Cle^_�: of the Board WV N'T,SDAY AUGUST 7, I929. Board met in regular session at 7-I5 P. I/r. John ;. Smogor absent. City Engineer, R. G. ?'dray, filed plans, specifications and estimates and the. Board adopted said plans and specifications together with a resolution for the construct ion of a sub -trunk Sewer in Ec'<nan Street under Improvement Resolution No.2279. (See files for copy of resolution.) In the above named improvement resolution No.2279, property owners waived all objections on and in defense to any defect in said proceedings and to any violation in prodedare for the construction of street improvements as provided for by law. Whereupon the Board, received, opened and read the following proposals for the construction. of. said Eckman Street sub -trunk se:�rer under Improvement Resolution No.2279 aids are as follows: R.H. 8"2pipe 6 " pipe 36" pipe 30" pipe C.I. Pipe sheeting Con. No. Ind. Go. 75.00 .50 .66 I0.40 9.00 3I.00 30.00 4.00 J. F. Ripskind 90.00, 1.00, 1.00 12.00 6.00 I6.00 40.00 16.00 All of the above bids handed to City Engineer for tabulation.