HomeMy WebLinkAbout01/28/1930 Board of Public Works Minutes1
Tuesday, January 2 8th . , I934 .
�I
Board. met in regular session at 9 A. M. All members present. Minute�l
Of rr.etinfrs held January 21st. , and January 22nd. , I930, read. and approved.
Upon the ze commed.dati on of Vam. F.
Qualls, the Board approved the
petition of the Indiana Bell Telephone Company filed January 27th., I930, for the plac-
ing of poles, aerial cable and underground conduit in the northeast section of the
City, as shown on blue prints attached to said petition. This work will provide addi-
tional telenhone' facilities for the northeast section of the city including the new
Notre Dame Statium, the Coquillard Addition and the Christman Addition. �
Moon the recommendation of 'm. F. Qualls, the Board approved the pe-
tition tition of the Indiana. Bell Telephone Company filed January 27th., 1930, for the placing li
Of poles, aerial cable and under ground conduit in the vicinity of Portage Avenue and
Keller Street
and in the vicinity of Division Street and Sheridan Avenue.
The following recomenda ti on of gym.. Fe Qualls, was approved by the
Board, with reference to a petition filed by the Indiana and �'�ichigan Electric Company!!, �
for the construction of transformer vaults at the locations shown on blue prints attachil
-
ed to peition of December I7th., 1929:
"To the Honorable Board of Public LHorks
Gentlemen: j
I can see no objection to the Indiana and Michigan hleetric Company
constructing transformer vaults at the locations shoi,n on the blue prints attached.
ji
�j I would recommend that where vaults extend into the parkway, the
j tops be lowezed to the level of the street surface and the parkway refilled with dirt
j so that grass may grow. In event such street is ever widened the vault would not inter
j;
fere with such developement.
j'
it I recommend that the peition be granted under this condition.
Respectfully submitted,
j
Wm. F. Qualls,"
ij
. u
The Board approved pay roll claims in the amount of $I0,585.11 for
various departments dna'ret: the supervision of the Board. ;
�I
The Board approved claims for various departments in the amount of
2,886 51. i
The Beard approved the excavati obi bond of Thillman Bras. , in the
amount of $I,000.00 signed by Standard Ourety and Casualty .Company of New York. ;
The Board approved the Guarantee Bond pf Hiet'r. -"iley Constnuction
Company far the pavement on Fox Street from 6ampson Street 6o Ironwood Drive under
Improvement Hesoluii cn No.22789 in the amount of z I,290.46 signed. by Southern Surety ompa ny. .
This being the date set, continued hearing was had on the assessment
roll for the gra_.r':ing of the alley south of DonaldStreet from Yobinson street to Sampson
Street,under Improvement Resolution No.2280.
In the above named assessment roll, the Board, being fully advised I
in the premises, fines that the several lots and parcels of land have been benefited in
the amounts shown on said roll, and therefore, tre Boa rd decides to take final action on
said assessnent roll and declares same in all things ratified, confirmed and approved
without modification. The Board nmw orders said assessment roll delivered to the Depart
ment of Finance.
This being tYe date set, hearing was had on the assessment roll for
the -pavement of Fox Street from Sampson Street, to Ironwood Drive under Improvement Reso-
lution NO.2278.
In the above narred assessment roll, no remonstrators appeared and no
written remonstrances were filed and the Board', being fully advised in the premises,
finds that the several lots and parcels of land have been benefited in the amounts shown
on said assessment roll. Therefore, the Board decides to take final action on said
assessment roll and declares same in a 11 ty,ings ratified, confirmed and approved without
modification and the proceedings closed. The Board nor: orders said assessment roll dell
ered to the Department of Finance.
This being the date setj he ar ing was had on the assessment roll show-
ing the awards of damages and assessments of benefits in the matter of the vacation of
the alley north aC Vlerwinski Street from Wilber Street to west line of lot 64 under Vaea
ti on Resolution No.229I.
In the above nailed assessment roll, no Temonstrators appeared and no
written remonstrance was filed and the Board, being fully advised in the premises, finds
that the several lots and. parcels of land have been benefited and damaged in the amounts
shorn on said assessment roll. The Board, therefore, decides to take final action on
said roll and declares same in all things ratified, confirmed and approved and the alley
vacated and Al -moceedings had with reference to said vacation are hereby confirmed and
the proceedings closed.
•
LJ
Tue sda y, Janua ry 2 8th. , 1930,
This being the date set, bids were received, opened and- read for the
alterations in the City Hall, as authorized by t l�-e Board on January 21 st. , 1930.
Bids are as follows:
A. R. Abrahams Ralph Oollitt & Sons Jos. R: Good Plate & Gill
4,700,400 59,435.00 4,320.00 49307,00
Smagor Lumber Co. Hay -Weaver Co. Gerber & Haley Co. Thos rickey
41380,00 4,497.00 41200,00 4,908.00
i
Bid s having been received for the alterations in the City hall, the Board
tham 28th., day of January .I930, hereby awards the contract for said work to Gerber
& Haley Company at their low bid of $4$200.000
This being the date set, hearing was had on the assessment roll showing
the awards of damages and assessments of benefits in the matter of the vacation of
Linden Avenue from N. Y. C. R. I. to Linden Avenue under Vacation resolution No.2293.
In the above named assessment roll, the Board decides to continue hearing
until Tuesday, February 4th. , I930, at 10:00 A. M.
City engineer, H. G. Wray, filed the primary assessment roll for the
sewer, grFade, curb ,walk and pavement on streets in Westchester Ist., and 2nd., Units
under Improvement resolutions numbered 2286, 22879 2294 and 2295.
In the above named assessment rolls, the Board, hereby, orders that on the
4th. , day of February 1930, this Board will meet in their o ffi ce in the City Hall at
10:00 A. M., to heFr and receive remonstrances from all persons whose property has been
assessed for said improvement and will decide whether the several lots and parcels of
land have been or will be benefited in the amounts shown on said roll or in a greater
or less sum than that shown on said primary assessnent roll. The Board further orders
the t not is es of sai d he wring s ha 11 be publis hed on the 3Ist. , day of January and on the
Ist. , f
day cf February I930, in the South Bend Nees 'times and Tribune according to law.
I�
i City Engineer, H. G. ={:ray, filed the primary assessment roll fbr the sewer
in Sample ''treet, Vermont Place and Revere P1s.ce under Improvement Resolution No.2314..
In the above mined assessment roll, the Board, hereby, orders that on the
4th., day of February 1930, this Board will meet in their office in the City Hall at--
10:00 A. M., to hear and receive remonstrances from all persons whose property has been
assessed for said improvement and will decide whether the- several lots and parcels of
land have been or will be benefited in the amounts shown on said roll or in a greater
or less sum than that sharn on said roll.
I This being the date set, hearing was had Track .Elevation Resolution No.59
for the grade separat-ion at Division Street, walnut Street arB Cherry Street at the
I� intersection of the New York Central Kailroad Company's tracks; also the grade crossing
of the tracks of the Grand Trunk Western Railway system and the tracks of the New York
Central Railroad Company (Illinois Division) at the intersection of said. tracks with
Walnut Street; also the gradt emssing of the tracks of the New York Central Railroad
Company Wain line and Illinois Division) the tracks of the Grand Trunk `�estern -"ail-
way System and the track of the Indiana Northern Railway Company at the intersection of
i said tracks with Arnold Street; also the grade crossing of the track of the: New Jersey
Indiana &Illinois Railroad Company and the tracks of the I+."ichigan Central Railroad
Company at the intersection of said tracks with Divis ion Street. (Note: See riles for
copy of origina 1 resolution.)
In the above named track elevation resolution No.5, several property owners
were present, also J. A. Gavit, attorney for the New York Central Railroad Company,
W. G. Cra bill, atto,rne'k for the Grant Trunk West ern Railway System, T. A. Hynes,
of the New Jersey, Indiana. & Illinois R. R. Co. Written remonstrances were filed by
The Il ew York '-' entwa 1 nai lroa d Company and by the Grand Trunk Western Railway System,
After he^ring all persons interested in said Track elevation Resolution No.5, the Board
decides to continue hearing on said Track Elevation Resolution No.5 until Tuesday,
February I8th., I9302 at which time the Board shall give due consideration to remonstran
es on f ile .
• ' Attorney J. W. McInerny, attorney for the Chicago, South shore and South
Bend Railroad Company, appeared before the Board and presented the following resolution
which was adopted by the Board:
RESOLUTION OF THE BOARD OF PUBLIC TORKS OF Tr`E CITY OF
SOUTH BEND INDI UTA -FI)aNG THE FORM OF CONTRA -CT WITH
CHICAGO SOUTH SHOD AMI SOUTH EEITD RAILROAD, GIVING
SAID RAILROAD THE RIGHT TO LOCATE, CONS`I UCT, MAINTAIN
AND OPERATE ITS RAILROAD TRACES OVER AND ACROSS CERTAIN
PUBLIC STRUTS, ALLEYS, ROADS A11D HIGPIVAYS OF THE CITY
OF SOUTH BEND, INDIANA .
WI�REA.S, the Board of Public Works of the City of South Bend, in t.
Jose -ph County, Indiana, desires to enter into a contract giving the Chicago South Shore
and Bout h Bend. Railroad, its successors and assigns, to locate, construct, maintain
and operate its railroad tracks over and across certain public streets, alleys, roads
and highways in said city and said Board of Public works having determined the exact
form in which said contract is to be f inilj:y adopted, which form is in words and figure
38
Tuesday, January 28th., 1930.
as follows, to witi- `
This agreement, dated this day of February 1930, made and "en-
tered into by and between the City of South Bend, Indiana, acting by Phd through its
Board of Public Works, Party of the First Part, herein s centimes called the "City",
and Chim ep, South Shone End 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", WITNESSETH;
Section I. That consent is hereby given by the City to the Railroad
to locate, construct; mai ntain and operate one or more railroad tracks, including
poles and supports, span wires, trolley wires, transmission and Feed wires, telephone
and telegraph wires, guys, braces, fixtures, appliances and appurtenances used in the
operation of its rail:road in said cit of South Bend, over, upon, along and across Oran
Street, Meade, Merry 'venue. Fremont Ztreet-, Olive Street, ''iashington. Street and Grant
Street, all other public streets, alleys, roads and highways not specifically named
but which are intersected by the proposed route, from a point on the east line of Lot
Seventy-eight (78) in the `lest End Subdivision southeasterly along Merry Avenue to
Lot Forty-two (42) in Arnold s First Addition and over a private right of way and across
Grant Otreet east of Lot Thirty-five (35) in Arnolds First Addition; provided not mole
Kahan one track shall be laid in Merry Avenue without the consent of the Board of Public
Works of the City Hall.
The center line of the track along 1=erry Avenue between the east
line of Meade Street and the south line of Washington Street. shall be located not more
than twenty three and five tenths (23..5) feet measured at right angles north of and
paralle 1 to the south line of I'1erry Avenue, and east of Olive Street the center line
shall curve to a location not more than. ten (I01 ) feet measured at right angles north
of and parallel to the south line of Merry Avenue and proceed southeasterly along Merr
Avenue to a curiae to the left for a distance of sixty-five (65) feet more or less for
an entry on the said private right of way.
Said Railroad may carry passengers, freight, merchandise, baggage,
express and the United State mail on and along its said street railroad; interurban
street railroad and suburban street railroad line.
Section 2. The tracks shall be so constructed. across said streets
alleys,_ re. ods and highways as not to interfere with the free use of the streets, alleys
roads Qnd. 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, in a sufficient manner not to unnecessarily impair their usefulness
Section 3. That the trolley wires shall be suspended at a. height
of n^t 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
substantial wood, iron or steel poles or similar structures at least as substantial
and safe. Poles and supports for sa i, wires, when located in the streetm shall be
placed adjacent to the curb line of the street.. Consent and permission is also given
to the -Railroad to connect its said wires with its power houses, stations, substations,
transmission lines and sources of electric supply.
Section 4. The Railroad may make all necessary openings in said
streets, alleys, roads and highways for the pupposes eforeseld and when making such
openings and construction or repairing its tracks on and across said streets, alleys
roads and highways, it shall by signal and otherwise -do all things necessary to pro-
tect the public from injury, and to prevent 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 resol3.-t of any defaul, carelessness or ne-
glect of the Railroad in construction, maintenance and operation of its tracks &n and
across said streets, as hereby authorized and permitted, provided, however, that said
City shall promptly notify the Railroad of any suit brough against the City.
Section 5. This agreement shall constitute an indeterminate permit
under and pursuant to the terms and provisions of the Public Service Commission Law
of the State of Ind Tana , and in the event of the repeal of said law this agreement
shall extend for and during the term of twenty-five (25) yer rs from and after the date
that the repeal thereof becomes effective.
Section 6. This agreement and all of its terms and pro vtzions sha
be binding on and inure to the benefit of the parties -hereto and their successors and
assigns respe etive ly, and shall be in full force and effect from and -after the dete of
its being approved by ordinance duly adopted by the' common Council of said City of
South Bend.
In Witne ss where , the p artie s here to ha ve hereunto set thei r hands
hands and seals the day axt year first above written. .
By
CITY OF SOUTH B12TD INDIA TA
ITS BOARD OF PUBLIC WORKS
St
•
El
•
Is
•
•
�J
Tuesday, January 28th., 19300 99
ATTESTEDt
its Clerk
CHICAGO, SOTrIH SHORE AND SCUTH EE ND R.A,-nROAD
BY
IT S VICE -PRE S IDERT
•
ATTEST:
ITS SECRETARY
Now, therefore, be it resolved that pursuant to the statutes of Indiana
in such case made and provided, sai d Board of Public Works does noiv fix the time at whic
said. contract shall be finally considered as the ISth., day of February 1930, at the
hour of 10 o'clock A. M.9 at the office and meeting place of said Board of Public Works
in the City Fall in said City cif South Bend,. at which time and place a public hearing
shall be had and any tax payer in said*city may appear and file protest against a ny and
all of the provisions of said contract.
Be it further resolved that Chicago, South Shore and South Bend Railroad
shall, at its own expense, cause the full and ccm-plete text of said contract to be pub-
lished as required by law with notice of the time and -olace of said hearing in the South
Bend Tribune and. South Bend News Times, being two daily newspapers of general circulatio,
printed in the Enplish lanpuage, in said St. Joseph County, Indiana. Said Chicago,
youth Shore and South Bid Railroad shall likewise post copies of said contract and, noti
of the time and place of said -hearing in ten public places in said City of South Bend,
Adopted this 28th., day of January 1930.
ii
Me E. Doran,
John. K. Smo-For.
Ralph F. Kuss
BOARD 0 F PUBLIC WORKS OF T=E
ATTESTED: CITY OF SOUTH BEIM
HAZEL A. TURTTREER
CITEPK
By unanimous trot e, -the following were appointed to serve on the Examining
Board, which has for its purpose the examining of applicants for the appointments to
the positions of Building Commissioner, Assistant Building Commissioner and City Ellectri
ian:
Mr. H. G. Wra y, George Fryermuth,
'iller, Cplix M Thomas Hickey,
F. J. Y1 c Ine rny Louis Brehmer
Examinations for the above positions will be held in the Council Chamber
on February- 3rd. 1930, as provided by Ordinance.
The Board signed the following agreement with Gerber and. Haley, Contractors,
Ifor the alterations in the City Hall:
AGREE1,T=.
This agreement entered into -by and between the City of South Bend, Indiana,
�through its Board cf Public Works, hereafter designated The City, and Clement J. Gerber
�and J. Howard Haley, Contractors, doing business under the firm name of Gerber and Haley,
Mley,
of South Bbnd , Indiana, hereafter known as the Contractors, Witnesseth:
11
That laid Contractors having been awarded the murk of making certain repairc
•
and remodeling, of the City Hall upon their bid submitted to the Board of Public 17"lorks
of said City in mompetiti on with others, for the sum of Four Thousand Two Hundred Dollars
(4.9200.00) in accordance with plans and specifications on file in the said Department of
:Publi6 'Norks as prepared by the Architdcts, Freyermuth and Maurer, the said City, in
consideration of Ve above premises and matters hereinafter set forth, does hereby emplo*y
,said Contractors to furnish all material and labor necessary, and to fully perform the
repairs and do the remodeling of said 'City Fall according to plans, specifications, pro -
;!files and drawings therefor, as prepared by the Architects above said, and agress to pay
'Isaid Contractors the sum of Four Thousand Two Hundred Dollars (4,200.00) for the perform
lance of said work.
The said Contra- ctors hereby promise and agree to furnish all the materials
and labor necessary, and to perform said work in a good workmanlike manner and to do the
Same in all things so as to fully conform and comply with all of the plans s peci ficatio
,profiles and drawings heretofore approved by the said City and on file in the office of
i its Department of Public Works, and to have the same completed on or before the I5th.
11dray of March, 1930, and to so complete the sane *e the acceptance and approval of the
4-0 Tuesday, January 28th. , 1030 . .
Depa. rtme nt of Public Works of said City.
And the said C04tra.ctors shall pay all debts for material and labor and
pay all sub -contractors and all legal claims arising out of this work and present
receipt.ed bills, waiver of liens and other proof of payment to the satisfaction of said
Board of Public Works.
In consideration of the foregoing, it is further mutually weed that the
plans, specifications, profileds and drawings aforesaid, and the bid and bond of -Con-
tractors are hereby made a part of this contract, the same as if herein fully set out;
that the said contract price shall be paid to the Cont actors upon weekly estimates, to
be approved by said Board, not to exceed Eighty percent (80%) of such estimates, less
the legal claims filed. against same, and the balance to be paid when said work is fully
completed, accepted and approved, as aforesaid, and then at a regular meeting of the
Board, not more than sixty (60) days nor less than thirty (30) days after the last work
and labor is performed and the last material furnished. Before such final payment is
made, said Contractors shall furnish to the satisfaction of said Board, evidence of the
payment of all debts incurred in the proseettion of such work.
It is mutually understood and agreed by and between the parties hereto
that they shall file with said Board a cettificate from the Industrial Board of the
State of Indiana that they have complied with the workma.n's compensation laws of the
Stat e.
Should said Contractors, at any time, refuse or neglect to supply a
sufficiency of properly skilled workmen or of materials of the proper quality, or fail
in any respect to prosecute the work with promptness and filigence, or fail in the
performance of any of the agreements herein contained, such refusal,, neglect or failur
being determined by said Board of Public forks, the said City shall be at liberty,
after three (3) days' notice to said Contrectors, to provide any such labor or material
arm to deduct the cost thereof from any moneys (the due or thereafter to become due to
the Contract ors under ' this contract, and if it determine such refusal, neglect or fail-
ure as sufficient ground for such action, the said City through its Board of Public
orks shall also be at liberty to terminate,. -the employment cf the Contractors for the
said work and to make other arrangement sr completing the work under this contract,
^rd to empleting the work under this con act, and to employ, and to employ ahy other
person or persons to finish the work, and to provide meter- als therefor, and said
Contractors shall be entitled to receive only pay for services performed as shall be
determined by said Board cf Public Works and if the expense of so completing said work
shall exceed the; unearned balance, said (5ontractors shall the difference.
It is understood and agreed by and between the parties hereto that nothing
extra shall be charged for unless the same is agreed upon in writing by and between the
parties hereto, together with the estimated cost (thereof before the performance of said
extra work or the furnishing of anyt'-.ing extra; that no additional cr extra work is to
be done unless the same has been agreed upon beforehand in writing by and between the
parties hereto, together with the estimated cost thereof before the performance of, said
extra labor, and that said plans and specifications are not be to be changed without the
written consent of both parties hereto and the Architect first had and obtained.
It is further a greed `that the City, through its Department of Public
14 prks, may extend the time of the completion of said work upon proper showing of the
necessity thereof. But that in the ' event said improvement is Aot fully completed and
this contract not fully complied with on or before the I5th. , day of ?arch I930, then,
and in that event the City is authorized to withhold from the contrr ct price aforesaid,
the sum of Twenty-five Dollars, (25.00) per day for each day said work remains un-
finished and incomplete thereafter, which sum. may be so held as liquidated damage, and
which sum is hereby a.gre'ed upon as the amount of damages which may be sustained by said
City and is so agreed upon on account of the undertainty of the amount and extend of
such damages and the difficulty of establishing the same: Provided, however, that such
damages shall not be enforced or retained on account of delay from causes beyond our
power or control of said Contra cots.
This Contract is subject to the approval of the Common Council of the City
of South bend, Indiana..
Witness our hands and_ seals this 28th., day of January 1930.
CITY OF SOUTH AND INDIANA BY ITS BOARD OF PUBLIC '75DR"K_S
IA. E . DORAN
JOH% K. SMr0GOR
RI�IPH H. HUSS
R+ENITERS .
GFRBFR .tND FIT. A-
BY CLMIEl T J. GERB N R.
Meeting adjourned at I2OClock noon.
.
tte sted : Cle rk
ru A
.,.. ►1N,N ��
•
•
•
•
•
11