HomeMy WebLinkAbout09/24/1929 Board of Public Works Minutes303
Tuesday, 'eptember 24th. , 1929.
Board met in regular session at 9 A. I,%, All members present. Vinutes of
meetings held September I7th. , and kept errber I8th. , 1929, read and approved.
The Board approved the Guarantee Bond of 71illiston Construction Company
for the -pavement improvement on Yeade `street from Lincoln Way t ilest to Elwood Avenue
under Im-orovement Resolution No.2227 in the amount of I,855.85, signed by Inland
Bond ing Company.
The Board a -)proved the Guarantee Bond off, Williston :Construction Company
for the vement improvement on T'ain street from airview venue to alley south of
'doodside treet under Improvement Resolution No.2226 in the amount of. .12,616.52
signed by Inland Bonding Company.
The Board approved the Guarantee Bond of Northern Indiana Construction Co
for the local sewer improvement on-'Ibert, Edison, Gladstone, and the alley north of
Sample Street, all under Improvement Resolution No.2215, in the amount of 11149I.73
signed by Great �merica.n Indemnity Company.
The folloipdng recommendation of I'm. F. Qualls, was approved by the Board:
"To the Hon. Board of Pub is �or ks ,
• Gentlemen:
Theridoning ,of Sample "treet, through the under pass and west to the first
alley west of Fellows 13treet; exposi#g a residence to the dead end section of the
street, has created a condition that is dangerous to vehicular traffic. Steps are
now being taken to protect this location and �=rarn traffic of the danger by the con-
struction of a fence.
In order to furt'�er protect persons and property and expose the danger,
I desire to offer the following recommendations:
Install a 2500 lumen light street light t the northwest corner of the new
i. street section. This will illuminate the street and also the house that is exposed.
Install a 2500 lumen street light around the corner on the narrow portion
of the street to expose the jog in the street surface.
Install five small fla shing red lights on the fence posts to be erected
across the dead end section.
Install four unit type traffic signals at 'ample and Fellows Streets, one
on each corner.
Respectfully submitted,
The abo,re recommendation for lights was approved and t'.Ze Board' ordered
superintendent Qualls to have these installed at the earliest possible date.
The Board also approved the recommendation of °dm. F. Qualls, superintendent
for the following lights:
4000 lumen light, mast arm construction, over head service at the intersectio
of falcon and Sample Street; at Dunham and Lake streets, and at Falcon and .Ford Streets
Aboev lights to be at cost of 45.00 each per year.
?i. G. '7ray, riled plans, specifications and estimate and the
City ngineer,
Board adopted said plans and specifications together with the following improvement
resolution:
Ire-orovenlent Resolution No.2303 for the construction of sidewalk on Tasher
Avenue from the west curb line of Miehigan Street to t,ie east curb line of Vain street.
(See files for copy of resolution.)
In the above nar ed improverier_t Resolution"o.2303, property owners waived
all right of objection on and in defense to any defect in said proceedings and to any
violation in nroce"'.ure for the construction of improvement as fixed by law.
City Ph-ineer, "T. G. 71ray, submitted the tabulation. -,of bids for the -pavement
of the alley west of Edison Street from Ford 'street to Huron street under Improvement
Resolution No.230I, :as follower:
Colpaert Realty Co.
concrete 29081.25
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Bids having been received for the pavement of the alley west of Edison Street
F
• from ord treet to Huron Street under Improvement Resolution No.230I, the Board this
24th., day. of September 1929, hereby, awards the contract for said improvement to
Eolpaert Realty Company at their low bid of 2,081.25 for concrete pavement.
504
Tuesday, kept emb er 24th. , 1929.
The Board approved T roll
amount of 1I4,049.88. claims for various departments in the
`The Board approved claims for bills in the various departments in the
amount of 83I.59.
The Board approved pay roll in Engineering Department and also .salaries
for Trac!c Elevation in the amount of..,A537.33 and the Board, hereby, orders the City
Controller to pay same out of. Track Elevation Fund.
Uron the recommendation of City -attorney, I..,S. Romig, and on the
petition of J. 1.1-McInerny, attorney for the Chicago, South Shore and South Bend Rail-
way Company, the '9oard adopted the following resolution:
�i RESOLUTION OF THE BOARD OF PUBLIC T7ORKS OF TTir CITY OF
SOUTT B +ND INDIANA FIXING TTI '0M! OF "ONTRACT 77I TIT
7TICAGO SOTTTTI SHORT+' Ar,?D SOUTH T3END R,^.ILROAD, GITrING
SAID RAILROAD TTT7, RIGHT TO LOCATE, CONSTRUCT, TITIAINTAIN
AND OPERATE ITS RAILROAD TRACK 07 R ATTI) ACROSS CERTAIN
P7`31IC STREETS, ALLEYS, ROADS AND HI GM-VAYS OF M, CITY
OF SOUTH 37,ND INDIANA.
WH'i'REAS, the Board of Public ,jorks of the `'ity of 6outh Bend, in St.
Joseph County, Indiana, desires to enter into a contract giving the right to Chicago,
South Shore and South fiend Railroad, its snedessors and assigns, to locate, construct,
zpaintafn and operate its railroad track over and across certain public streets, alleys
roads and highways in said city and said Board of Public i4orks having determined the
exact form in which said contract is to be finally adopted, which form is in words and
figures as follows, to -wit:
TTIIS A rR7,37T707, dated this day of October I929, made and entetedii
1 J1�
into by ands between the City of South Bend, Indiana, acting by and through its '3oa:rd
of Public ° orks, Party of the First Part, herein sometimes called the "City" and
Chicago, South Shore and South Bend Railroad, a corporation created and organized
under the laws of the State of Indiana, Party of the Second Part, herein sometimes
called the "Railroad", j�ITIiSSETA:
Section I. That consent is hereby given by the City to the Railroad
to locate, construct, maintain and operate it-s single railroad trac-, including poles,
supports, span wires, trolley wires, transmission and feed wires, telephone and tele-
graph wires, guys, braces, fixtures, appliances and appurtenances used in the operation
of its railroad, over, upon, over and across i�loodland venue, 'lestmoor Aven3ae, Nancy
Street, Crumstown Road and Lincoln ',Jay 'jest, and all other public streets, alleys,
roads and hi htFrays not specifically named but which are intersected by the proposed
route, the center line of which is approximately as follows:
Beginning at a point on the west corporation line in the City of South
Bend which is located approximately two hundred seventy (270) feet north from the north
right of way line of the Chicago, outh Bend and Notthern Indiana Railway Company;
thence in a northwesterly direction by a straight line approximately one hundred twenty'
five (I25) feet to a point; thence by a curve having a radius of five hundred seventy-
three and fourteen hundredths (573.I4) feet a distance of approximately three hundred
ten (3I0) feet to a point on a line six and seventy-five hundredths (6.75) feet north
of and parallel_ to the center line of 'restmoor Stree which point is also four hundred.
(400). feet east' of the west corporation line of the ity of South measured along said
parallel line; thence east along the said parallel line a distance of approximately
thirtythree hundred three (3303) feet to a point which is -tl:,o hundred sixty-seven and
twenty-nine hundredths (267.20) feet west of the center line of Nancy street; thence
by a curve to the left having a radius of two hundred sixty and fifty-four hundredths
(260.54) feet to a point on a line which is located six and seventy-five hundredths
(6.75) feet west of and parallel to the center line of Nancy street; thence north along)
said parallel line a distance of approximately seventeen hundred sixty-six (I766) feet
to the north line of Crumstovm Road; thence by a curve to the -right having a radius
of seven hundred sixteen and twenty-five hundredths (7I6.25) feet a 'distance of anprox-'
imately one hundred eighty (I80) feet to the arrest line of a strip of land owned by the
Chicago, South Shore -and South Bend Railroad; thence nort1wardly through the lands of
the C.;, i cago, South more and South Bend Railroad to the south line of Lincoln 'stay West
which point is approximately forty (40) feet east of the ,rarest line of said porperty
which line is also the east line ofSection Four (4) Township Thirty-seven (37) ''North
Range Two (2) East onto property of the Chicago, mouth Shore and South Bend Railroad
to a point on the north line of Lincoln `'jay Test which point is also eastwardly approx
imately fifty (50) feet from the east line of Section your (4).
and to carry passengers, freight, merchandise, baggage, expres and the TTnited States
mail on and along its said street railroad, interurban street railroad and suburban
street railroad line.
Section 2. That said trwc"c shall be eo constructed across said streets
alleys, roads and hihways as not to interfere with+he free use o-f the streets, alleys
roads and hi-_hirays intersected and in such manner as to afford security for life and
property and the Railroad shall restore said streets, alleys, roads and highways to
their former state, or in a sufficient manner not to unnecessarily impair their useful-
ness.
Section ,3.
That the
trolley wires
shall
be.suspended
at
a height
of
not less than eighteen and
one-half
feet above the
rails
of
said track,.
The said
troll
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Tuesday, September 24th.9 1929.
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wires shall be suspended from span wires, cross arms or supports attached to substantial
woor, icon or steel roles or similiar structures at least substantial and safe. Poles
anti supports for said wires, when loc_ted in the street, shall be placed adjacent to
the curb line of t'-ne street. Consent and permission is also given to the Railroad
to connect its said SFri�res with its power houses, stations, substations, transmission
lines and sources of electric supply.
Section 4. The Railroad may ma:e all necessary openings in said streets,
alleys, roads and highways'for the purposes aforesaid and when making; such openings
and constructing or repairing its said track on and across said streets, alleys, roads
and highways, it shall by signal and otherwise do all things necessary to protect
the public from injury, and to pretrent any injury to persons or to property, and shall
save and hold harmless said City from all damages, costs and expenses which said City
shall be compelled to -pay as the resola.t of any default, carelessness or neglect of
the railroad in the construction, maintenance and operation of its said track on and
l'across said streets, as hereby authorized and permitted, provided, however, that said
City shall rromptly notify the 7ailroad of air suit brought against said City.
Section 5. This agreement shall constitute an indeterminate permit under and
1 pursuant to the terms and provisions of the Public Service Commission law of the
ii State of Indiana,, and in the event of the .repeal of said law this agreement shall extend
for and during the term of twenty five (25) .years from and after the date that the
repeal thereof becomes effective, but it is expressly agreed between the parties hereto
that the hermit and authority herbby granted to said Railroad is :ftot and shall not be
exclusive in said Railroad except as to t'e r the t of
pa -is o s e.,�s, scads, Z:airU, avenues
'=;-hTra�rs Nerein mentioned actually oc^-zp ed bU, the track of said Railroad under
"and in accordance -,pith the provisions hereof and that said Citymhereby expressly reserve
`!full right, authority and power to permit, authorize and empower other companies, eor-
nrerurbani
an
personsto construct maintain and operate railroads, street railways and
Iroad tracks together with all proper and requisite overhead construction
work, poles, wires, equipment and applicances upon and along the parts of the streets,
':.roads, ways,avenues and highways herein mentioned not actually occupied by the track of
said Railroad under and in accordance ,:,ith the provisions hereof.
• Section 6. This agreement and all of its terms and provisions shall be binding
on and inure to the benefit of the parties hereto and their saccessor� s and assigns
respectfive1y, and shall be in full force and effect from and after the date of its being
approved by ordinance dul�T adopted by th., Common Council of said City of South Bend.
IN "IT TTSS 7,1777-' ,07, the parties have hereunto set t.hetr hands and seals the day
and year first above written.
City of ''outh Send
• ITS BOARD OF PU3LI"
AJT �STTD:
CHICA s0 SOUTH -HORT .101D SOUT'� 3 77D RAILROAD"
r.TO'.r l:TR?TORN BT' I'L' RTS )L'r-?,D `2 AT PT'RCUANT m0 T?i4 STATTITT7,S 04 ITM, IANA in such
'ease made ade and prov�_ded, said' Board of Public "lor'ss does now fix the time at. which said
contract shall be finally considered as the 9th day of October I929, at the hour of
7-30 C Cloc'c P. y., at the offices and meeting place of said Board of Public Works i3
the City Mall in said City of South Bend, at 71hich time and place a public hearing shall
be had and any taxpayer in said city may appear and file protest against any and all
of the provisions of said contract.
3T IT FURTHER R SOLV D that Chicago, South aho-re and South Bend Railroad shall,
at its otvn exrense, cause the full and complete text of said contract to be published as
required by law -filth notice of the time and place of said hearing in South Bend Tribune
and ''oath Send TIe:;rs Times, being two dail newspapers of general circulation printed in
the � lish language language, h +_ , T p ,
g �, g gua e in said St Joseph oun.,J, ln��.iana. Said Chi -sago, South
•Shore and 'mouth Bend Railroad shall likewise post copies of said ,eontract and notice of
the time and place of said hearing in ten public places in said City of South Bend.
-''dopted this 24th. , day of Sept emb^r, I929.
W. R . Hin'_cl e
John Z% Smogor
Ralph '1. =luss
'BOARD OF PUBLIC -7OR__KS OF CITY 0 S,)7JTR 3TTPD
ATTTSTTD: HI ;�, A. TUR'•17,R. CL RETC."
'ieeting adjourned at I2 O'Cloc'k noon.
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