HomeMy WebLinkAbout10/10/1929 Board of Public Works Minutes516
Tuesd:a7T, 06tober 8th. , 1929,
By unanimous vote of :,tbe Boerd, .the
of Public afety that this Board. of forks
Sample Street from Arnold Street to the St.
portions thich have been widened.
Eeetinp adjourned at II-50 A. T .
Attested :
'�,
Cl_k_ of the Board
.,EDNESDIa" C'C LOBER 9 uh . , I✓29 .
'Clerk was ordered_ to advise the Board
m c ommiends that no parking: be allowed on
Joseph River Bridge, excepting; along tb.ose
Board met in i-egular session at 7-I5
K ss absent. ,, ie to a lack of a_ gVorum, no
ing was ac' journed until '+'hurscay morning• at
Attes-Fed:
Cl k of the Board
TF LTRSDl?Y OCTOBLP IOth . , 1929.
IQJOU "T'TSD It ,, ET!NG 0 F 0CTO 9th . , I929 .
P . Y . Jr".r. � . TT *
business could be
I0:00 O'Clock, Oct.
This being the date set, a.c_journed meeting of Vednesday October 9th., 1929,
S-Tas held at I0:00 A. Y. All members present. Citzr Ln6ineer, H. G. IVra.y, also present.
This beinC-, the date set, hearing v.-as had on Imp_ rovement hesolution Xo.2297 for
the pavement of the alley east of I=iami Otree t from V` is for i a Street to Gl tgeld Street.
(See :`°iles for con-,- of resolution.)
In the above named improvement resolution, a writtEn remonstrance was filed, an(
the Board beings full-,T advised in the premises, fines that the benefits to the several
lots and parcels of land liable to be assessed for said improve-nent , will be equal to
the, estimated cost of same. The Board, therefore, decides to over rule said rem.onstfai
es and takes final action on said resolution and cecl2res same in all t1hings ratified,
confirmed and approved without modificp Lion. The Boe:rd now o Viers said remonstr, nee
delivered to the Engineer for a report as to t're resident property owners whose sigma
tunes appear on this remonstrance.
This being the d.^--te set, hexing vras had on Improvement <:esolution No.2298 for
the p avement of the alley north of LaSal le Avenue from Scott street to west line of
Lot 7 in Keefer's �=ub . ( See files for copy of re s.c lut ion. )
In the above named improve men t re s olu.t ion, remons tra. t or s appe f-r ea but no
t,-,ritten remonstrance was filed end the Board., being fully advised_ in the premises end
after heering all persons interesteOl in said resolution, finds that the benefits to
the several lots and -parcels of land liable to be assessed for said improvement are
equal to the estimated- cost of sari e and therefore the Board takes final action on said
reso lut ion and decle_res same in all t -ings ratified, confirmed and approved trithout
mod ifi cp tion.
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Thursday October IOth. , 1929.
his being the ci e.te set, hearings z,•.ere h. d, on the followin.p improvement resolu-
ti ons :
Im)roverr',ent Resolution 1"o.2299 for the local seTrrer improvement in -Ulmer Street �
from 1,onp1eT,r �`-venue to Frederickson Street. (See files for copy Of ?:esolution. )
Improvement Resolution I o.2300 for the local soikrer in T1uey Street from Lot I9
pra.t s Subd :visf on any?. on Lon, -ley �-venue from Huey Street- to Olive Street. ( See files '
for cop7T of resolution.)
• In both. of the above named improvement resolutions no remonstrators a.ppe° red and
no written remonstrance was filed and the Board, being fully advised in the premises,
finds that tt `special benefits- that will accrue to t1he -property to be -ssessed abutting
on the line of said se=v,,er, will be equal to the estimated costs os same as reported by
the City "'npineer. The Board, therefore, takes final action on said improvement
resolutions iNlo.2299 and 2300 and decl-res same in all thin s ra_tif?_et'.:.' confirmed and
a'pproved without modific�=tion ant- proceedings closed.
in both of the above named improvement resolutions, the -hoard, hereby orders that
on the 22nd.., dn7T of October I929, this Board will receive, open and read sealed propos-
als for the construction of said set,:-,er. The Board further orders that notices of said
nroposal_s shall be published on the Ilth., clay of October and on the I8th., d=y of
October 1929, in the South Bend Nei -Ts Times and. Tribune according to law.
City Engineer, 11. G. -:ray, filed plans and. the Board adopted a resolution for the
Va_c^tion of the alley north of Yukon "venue from the west line of TiVood.ti,rard_ AS7enue to
the east line of the A11e7T west of 'oodward Avenue and from the west line of the alley
west of Aloodward -venue to the east line of 'ortage Avenue, under Vacation resolution
No. 2309,
In the above named Vacati on Resolution Ro.2309, the Bo."rd, h=eby orders that on
this Board will in their office in the City ball
the 29th., day of October I929,
at I0:00 11. 17., to hear and receive remonstrances from all persons whose property may be
affected by such vacation. The Board. further orders that notices of said hearing shall
• be pill lisped on the Il th . , d.- -; of October and on th e I8th . , de v of October I929 , in the
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SouUh Bend Ne�7s Times and Tribune according to law.
City nz -peer, h. C. yr'ra_
men^ts y,. filed the following assessnent rolls for street improve
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Assessment roll for the pavement improvment on. Bertrand street from Lendix Drive
I� to Nancy Street under Improvement resolution No.2282,
Assessment roll for the see- er improvemint on NancTr Street from Bertrand Street
to ''+'estmoor Street under Im rovement Res olution 1�0.2284 P
• ! In both. of the above rained assessment, roll.: the Board,hereby orders ghat on I5t
j d�,v of October I929, this Loard gill meet in their office in the City Hall at IO:00 A. 2
! to hear an receive remonstr-r_ces from all persons whose property h- s been assessed for
said improvement and :rill decide whether the several lots a nd pa_rcels of land.=ave been
or rill -I-)e "benefited in the amounts shown on said a.ssessm(ent rolls.
j City Engineer, r. r, 7Tra
Tl, submitted Final Estimpte for the Sub -Trunk se,oer in
Eckman Street, in accordance ndth the terms of t1he contract between t'^e City and the
n,orth_ern Indiana Construction Company up -der Improvement Resolution 1`�o.2279. The Board
signed and approved same in the ariount of ':�I32965.'74.
Cit-- Enicineert h. G. Wrav, submitted Fir�l Estirrk-tb for the pavement improvement
• on Johnson Street from Elu'ood 1venue to Keller Street, in accordance with the terms of
the contract between the City and the illis ton Construction Company under Improvement
resolution 1�o.224I. The Board signed and approved sage in the arsount of <II,4G5,68,
The Board approved claims for the Building Department in the amount of ' 852, 51,
The Board apprroved a claim of the GraTrunk runk 'nester Railroad Company for interest
j in connection with the Sample and Fellows Street condemnation, in the amount of " 288.'75
enr upon the advise of City Attorney, I. S . Romig, the board hereby orders City Controll� r
to pair same out of its a-,�propria tion �no.B-II for the Sample and Fellows Street Expense. i
j is=. L. Doran in 1 ehelf of the �_ oodlin Radio Company t o
The petition of attol=rre�T
install an elevator on the side walk in front of the store room occupied by them a.t
1236 South St. Joseph Street , was approved by the Boa rd, and the Building Co nLmissioner
II is ord ez ed. to issue permit covering same.
�I The petition of the Federation for Oocial Service, Inc., to place tvrp additional
j banners, one across 1---ichigan Str.ret at the i:ax Adler Building, and the other across
Jefferson Street at. the Sheriznd. Building, was approved. by the Board and the Clerk
instructed to advise the Federation for Social Service, of the Board's action.
'i This being the date set, hearing was had on Improvement Resolution No.2302 for
the pavement of the west one half of Logan Street from the north line of Is!ishawaka Aven
to the south edge of the concrete pavement in Je_ fferson Boulevard. (See ides for copy
• of resolution,)
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In the above named improvement resolution, iemonstrators appeared, but no written
Thursday, October IOth., I929.
remonstrance was filed and the Board decides to continue. hearing on said resolution until
Tuesday, October 29th., I929, at I0:00 A. 11. i
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Upon motion duly made and seconded, the follo�ring resolution was
unanimously approved by the Boa rd :
"Whereas the Board of Public Olorks of the City of mouth bend,, in it
St. Joseph county, Ind !- an a, at a nee tine; of said Board of Public, corks , did' determine
the exact form in 'which a franchise, grant and contract to and with ,th,e Chicapor bout
Shoe e and South ��end railroad was to be f inally adoted and fixed the 9 th . , day of
October 1929, at the of 7-30 O.'Clock P. 11E. , at the __regular meeting place of said I
Board of Public avorks in the City ball in said City as the time and place at which said
franchise, #rant and contract y7as to be finally considered by said Board of Public 1�iolok61;
a nd
Whereas, proof' of publication of the full and complete text of the
said proposed. franchise, grant and contract in the South Bend Ne,.-s Times on the 24th.,
day of September and on the 2nd. , dTr of October 1929 , and in the South Lend Tribune
on the 24th. , day of September and on 'the 2nd ., day of October 1929, being two daily
newspapers of general circulation printed in the English language in said St.. Joseph
County, Indiana, and prodf of the posting of notice of the full and complete text of
said proposed franchise, grant and. contract in ten public places within -said City. of
South bend on the 24t., day of September 1929, has been duly made and all of the
terms and provisions of the statutes of the State of Indiana have been fully complied
Frith; and
Whereas, at this meeting of the Board. of Public 44orks bf the City
of South Bend , held on the 9th. , day of October I929 , commencing at the hour of 7430
O'Clock ,P. �;`.� an adjournment of said hearing was haduntil I0:00 A. P:-i., on Thursday,
October IOth;, I929, and
No protest has been filed by'any taz pa7Ter of said City to the grant!
or making of such franchise, grant and contract, it is no - on motion made and. seconded
1esolved , that the Board of Public �yorks of the City of South Bend,
now enter into-, _make and execute time said franchise, grant and contract to and with the
Chicagom ''euth S- ore and South Bend Railroad in the manner and form.proposed -by this
Board of Public brks at its meeting on the 24th., day of September 1929, as it appears
in the records of said meeting.
Adopted this IOth., day of October I929.
W. R. Hinkle
Ralph i?. Kuss
Attester': John J. Smogor.
HaLzel A. `inner, Clerk of the Board."
C OTT T B A C T.
This a-Teement, dates this IOth., day of October 1929, made and
entered into .by and between the City of South Bend, Indiana, acting by and through its
Board of Public "orks, Party of the First Part, herein sometimes called the "City" and
Chicago, 0outh whore and South bend "ailroad, a corporation created. and organized under
the lads of the State of Indiana, Party of the Second Part; herein sometimes called
the "Pailroad", VVittnesseth:
Section I. That consent is hereby given by the City to the Railroad
to locai;e, construct, maintain and operate its single tailroad track, including poles,
supports, span wires : trollejT Y. Tres, transmission and feed sires, telephone amd tele-
graph vrires, guys, braces, fixtures apn_ liances end appurtenances used in the' operation
of its railroad, over, upon and acovss °V;bodland Avenue, 'lest -moor Avenue, Nancy street,
Crumstown Road, and Lincold Vay =est, and all other public streetq, alleys, reads and
highwray not specificially named but which' Pre intersected by the proposed route, the
center line of which is approximately as follcws:
Beginning at a point on the crest corporation line in the City of
South bend, which is located approximately t7,o hundred seventy (270) feet north from the
north right of way line of the Chicagom South Bend and Northern Indiana Railway
Company; thence in a northwesterly direction by a straight line a-pproximately one hundre
twenty-five (I25') feet to a point; thence on a curve having a radius of five hundred
seventy three and fourteen hundredths (573.I41) feet a distance of approximately three
hundred ten (3IO) feet to a point on a line six and seventy-five hundredths (6.75') feet
north of and parallel to the center line of 'V''estmoor Street, which point is also four
hundred (400) feet east of the crest corporation line of the City of South bend measured
along said parallel line; thence east along the said parallel line a distance of approx-
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Thursday,,October IOth., 1929.
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i imat ely thirty-three hund red three -(3303) feet t b a point which is two hundred s xty-
seven and twen-ty-nine hundredths (267.29) feet west of the center line of Smoy treet;
thence nu acurve to the left having a radius of two hundred sixty and fifty-four hun'
i dredthe (260654) feet to a point on a line which is located six and seventy-five hued•.
redths (6.75) feet west of and parallel to the center line of Nancy atreet; thence north
j along said parallel line a distance of approximately seventeen hundred sixty-six .(1766)
feet to the north line of Crumstown 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 approxi
mately one hundred eighty (ISO) feet to the west line of'a strip of land owned by the
the Chicago, ,South Shore and South Beni Rrailroad; thence northwardly through the Lands
of Chicago, south Bend and South Bend. Railroad to the south line of Lincoln Way West
which point is approximately forty (40) feet east of the west line of said property
which line Is also the east line of Seotion-Four, (4) Township Thirty-seven (37) North,
Range Two (2) East onto. property of the Chicago South Shore and South Bend Railroad to
a point on the north line of Lincoln way West which point is also eastwardly approctimate
ljr fifty (50) feet from the east line of ')eeti on r'our (4),
and to carry passengers, freight, merchandise, baggage,
!mail on and along _its said street railroad, interurban
railroad line,
expres and the United States
street railroad and suburban street
Section 2. That said track shall be constructed across said streets,; alle
roads and highways as not to interfere with the free use of the streets,, alleys, roads
and highways- 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 suff ie ient manner snot t o unnecessarily impair their usefulness..
Section Z. 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 trolley
wires shall be suspended from span. wires, cross arms or supports attached to sftbstanSial
wood, iron or steel poles or similar structures at least as substantial exid safe, -
Poles and supports for said wires. when located in the street, snail be plaoec addsoent
to bile 3izrb line of the si,reet. Consent and permission is also given to tie Railroad
to connect its said wires with its power houses, stations, subsuations transmission
lines and sources of electric supply. '
Se3tiion 4. The railroad may maze all necessary openings iii said sGreei,s
alleys, roans anu highways ror brie purposes aforesai(i and when ma,King such openings Vinci
conscruoting or repaiving iys said traen�* on and across said streets, aileyw, roala a,nk
highways, it shah by signal ana otherwise.do all things necessary to protect the public
from injury, and . to pretent 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 resole of any default, carelessness or neglect of the Railroad
in the construction, maintenance and operation of its said track on and across said
streets, as hereby authorized and permitted, provided, however, that said City shall
promptly notify the Railroad of -arty suit brought against said City.
Section 5. This agreement shall constitute an indeterminate permit under
and pursuant t o the terms and provision of the Public Service Commission law of the
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
;;permit and authority hereby granted to said Railroad is not and shall het be exclusive
in said Railroad except as to the parts of the streets, roads, ways, avenues and highways
;!jherein mentioned actually occupied by the track of said Railroad under and in accordance
with the provisions hereof and that said City hereby expressly reserves full right,
;:authority and power to permit, authorize and empower other companies, corporations and
;;persons to sonstruotrp maintain and operate railroads, street railways and interurban
;railroad trafks 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
'iunder and in accordance with the provisions hereof.
Section 6.. This agreement and all of its terms and provisions shall be
binding inure to the benefit of the parties hereto and their successors and assigns
respeetlikely,, and shall be in full iforee and effect from and after the date of its
being_ approved by ordinance duly adopted by the Common Council, of said City of South
...Bend.
In Witness Whereof, the parties hereto have hereunto set their hands and
.seals the day and year first above written.
CITY OF SOUTH SEND IND IANA
BY W. R. HINKLE
JOHY K. SMOGOR
RALl H H . KUS S
TTESTIDI ITS BOARD OF PUBLIC WORKS
AZEZ A. TURNER ITS CIERK
CHICAGO SOUTH SHORE AND SOUTH 3M RAILROAD
BY SAMUEL INSULT, JR
ITS VICE PRESIDENT
TESTED,
3 SECRETARY"
520
Thursday, October IOth., I929.
Mr. `H. G. Wray, submitted Estimate No.3 due Rieth Riley Construction
Company for the grading and paving of subways at Fellows and Sample Street, far trdek
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elevation along the lines of the Ne'w-York Central Railroad Company,=all in 'accordance
with Track Elevation Resolution 5o4212.5d, appr Dyed May 8th. , I929, and contract dated
June 26th., I929, flew York Central Trap k Elevation, South Bend,. Indiana, The Board
signed and approved same in the amount of 0300299637 together with detailed sheets in
connection with same.
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Meeting adjourned at I2 O'Clock Noon. j
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Attested:"
14f, LL
o f he Board
4
'Y ` OCR I5th. , I929.
Board met in regular session at 9 A. M. All members present. Minutes of meetings
held October 8th. , 9th. , and IOth. , I929, read and, appr owed.
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The Board approved the Guarantee Bond of $ . WillSston
Construction Company for.the pavement on Bertrand Street from Bendix Drive to Nancy
Street in the amount of .2,I57.92 signed by Inland Bonding Compan$.
Upon the recommendation of Wm. F. walls, the Board approved the installs.-
ti on of the f ollowing street lights:
j installation of a 4000 lumen lamp, mast arm construction overhead construct
ion, a.t the intersection of Pershing and Johnson street at cost of 45.00 per year.
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Installation of a 4000 lumen lamp, mast arm construction, served from over !j
head service, at the intersection o.f Fremont and Humbolt Otreet at a cost of 45.00 per l)
year.
Installation of a .4000 lumen lams mast arm construction, over. hear service
s at the intersection of College and Hamilton treet at a cost of $45.00 per year.
11 Installation of a 6000 lumen lam, mast arm construction from over head
service at the intersection of Lincoln Way est and 1-lmer treets at a cost of 50.00
per year.
Installation of a 2500 lumen lamp, m st arm construction, over head serviee
at the corner of Elwood. Avenue and Elmer 'treets at a cost of V35.00 per year.
Installation of a I000 lumen lamp, bracket construction over. head service
at the alley intersection between Vassar Avenue and California Avenue west of Wilber
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Street, at a cost of §22.00 per year.
The Board approved the report of H. G. Wray on the remonstrance against the
pavement of the alley east of Miami treet from Victoria ''treet to �Iltgeld street
under Improvement Resolution No.22970 showing no legal remonstrators on said.written
remonstrance.
The Board approved the report of G ity Engineer, H. G. Wray, on' t he remon- 11
strance against the pavement of the alley north .of LaSalle Avenue from Qoott "treet to,:"
west line of Lot 7 Keefers Sub., under improvement Resolution No.2298, showing I.I
resident property owners out of 24 signing the remonstrance. This does not constitute;,
a majority, therefore, buds will be advertised for said improvement.
No petitions baving been f iled for a change in the type of pavement other
than that specified in the preliminary order for the pavement of Huey Street. from it
Lincoln Way west to Elwood Avenge under Improvement Resolution No.2260, the Board this' •
15th., day of October I929, hereby, makes a final order for sheet asphalt pavement as 1!
the type of pavement with which said street shall be improved aricl awards the eontraO
it