HomeMy WebLinkAbout02/18/1930 Board of Public Works MinutesTuesday, February I1th., 1930.
vac . ti on of Linden Avenue from New York Central R. R. to 'Linden A ven tB under Vacation
Resolution No.2293,
In the above named assessment roll, the Board decides to continue hearing
tint it 140Y_7 th. , T930, 67t 7-15 P..ff ' .
epartmentsThe Board approved pay roll claims in the amount of 5,319.79 for various
d.
The Boa rd approved claims for various departments in the amount of
I1,126,32.
Nee ti ng adjourned at 12 'O' C loc k noon.
Attested:
C e k the Board
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TUESDAY FEBRUARY IBth., 1930.
Board met in regular session at 9 A. IFT. All members present. Minutes
of meeting held February Ilth., 1930, read and approved.
The Board approved estimp tes of Gerber and Haley, contractors for the
remodeling of the City Hall Building for extra work not included in the original con-
tract in the amouh.ts of $63I.50, $575.00 and $I78.00 as shown on written estimates
presented by the contractors and approved by the Board.
The Board approved the excavation bond of 0. A. Eulitz in the amount of
1, 000.00 signed by Continental Casualty Company.
The Board approved the excavation bond of Phillip Cohn in the amount of
I.000.00 signed by Netropoli.tan Casualty Insurance Company.
The Board approved the excavation bond of "mmitt Shaul in the amount of
I,000,00 signed by the Metropolitan Casualty Insurance Company.
The Board approved the continuation certificate for the excavation bond
of Arthur T. Deppert in the amount of $I,000.00.
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N ir The Board approved a paroll 'cla.im of the engineering department in the
amount of 848.00.
This being the date set, continued hea•ri:ig was had on Track Elevation
Resolution No.5.
Ir t'he above matter, City ng'ineer filbd` �=rbdified, Track Elevation Reso3u-
t'ion Ko.5 . A -petition signed_ by approxsmately 75 resident freeholders,'was.--filed .ask -
in . the Bird to ender into to agreement: with"the railroads in which the. City Will y
35 ` of the .c,ost cf ai.d improvexront and_tbe railroads wi 11_ pay 65/ of said cost. The
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j oard- therefore, deci:d'es to contitinp hearing unti-I-Tuesday, February 25th.,. I9�a.:,=.at
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by the Board: The following petition from the South Bend Motor Bus Company was approved
SOUTH BEND MIOTOR BUS COT '.^ NY
SOUTH BEND INDIANA
The Board of Public works,
City of South Bend.
South Bend, Indiana,
Gentlemen:
January 30th. , 1930.
On April 24th.1 I936, the city of South Bend by and through its Board of
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Tuesday, February ISth., I930..
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Public Works entered into an agreement and contract with the South Bend i�lotor Bus Compan
overning the operation of the Motor Bus Company's busses over the streets of the City o
ouch Bend, Indiana. This contract was ratified by Ordinance No.2544, which was passed I
by the Common �-'ouncil of the City of South Bend on %1.ay IOth. 1936 and was approved by the
Mayor on May I2th. , I926. i
MW A provision of the above mentioned contract is as follows:
"This contract shall be operative until January I2th. , 1931,
• and in addition to such period the said South Bend -Motor Bus
1 Company shall have the right to an additional term of ten
years on the same terms end conditions, provided the said
Company performs its part of this agreements in a manner
tatisfaetory to said Pity. The right to such additio#al
term shall be exercised by the said South Bend Motor Bus
j Company riling a written notice thereof with the said Board
of public Works not more than one year nor less than six months
prior to January I2th., I93I."
The Ljouth Bend Motor Bus Company hereby files its written notice that it
desires and intends to exercise and does hereby exercise, its right to the extension of
I� this contract for the period of ten years from and after January I2th. , 1931.
Respectfully submitted
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SOUTH BEND MOTORR BUS COMPAI\TY
BY R. R. SMI` l PRESIDENT.
ATTESTED:
jGEIrGE R..GREEN SECRETARY j
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APPROVED BY THE BOARD OF PUB? MC WORKS
JEBRUARY ISth., 1930 Schedule submitted
as requested by Board.
lM. E . Doran
John K. Smbgor
Ralph H. Kuss."
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The Board approved the petition of the Indiana and Michigan Electric Co.,
for the construction of underground conduit line on Lafayette between Jefferson and
Washington streets and on Lafayette between Livisi.on and "ayne Street, as shown on
their petition and plans filed February I4th. 1930, with the pr ovis ion that one duct
_ line be reserved ibr the use of the City, as re c emended by W. F. Qualls.
This be ing the da to set, hearing was ha. d on the preliminary resolution ffixi
the farm of contract with the Chicago, South 'shore and youth Bend Railroad, giving said
Railroad the right to locate, construct, maintain end operate its Railroad tracks over
and across certain Public Street, alleys, roads and highways of the City of South Bend,
Indi ana .
In the above named preliminary resolution, no remonstrators appeared and
no remonstrances were filed and the Board, therefore, adopts the Confirmatory Resoluti
as follows:
ii 0011 IlMI&TORY RESOLUTION OF THE BOARD OF PUBLIC: WORKS.
Whereas, the Board of Public Works of the City of South Bend, in 6t. Joseph
County, Indiana, at a meeting of said Board of Public Works, did determine the exact
farm in vhich a franchise, grant and contract to and with the Chicago, '0outh "'bore and
South Bend Railroad was to be finally adopter and fixed the ISth. , day of February 1930
at the hour of I0:00 o'clock A. 11.9 at the regular meeting place of said Board of Public
Works in the City Hall in said City,, as the time and place at vhis h said franchise, gran
and contract, was to be finally considered by said Board of Public Works; and
I Where, proof of publication of the full and complete text of the said props
ed franchise, Brent and contract in the South Bend News Times on the
Ist. d a of rebruar 1930 and
8th . , day of eb rua ry I930
j and in the South Bend Tribune on the
Ist. , day of February 1930 and
• Sth . , day of February 1930,
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being: two daily newspapers of general circulation printed in the English language in
said St. Joseph County, Indiana, and proof of the posting of notice of the fall and
complete text of said proposed franchise, grant and contract in ten public places with
in the said City of South Bend on the 3rd. , day of February, 1930, has been duly made,
50 Tuesday, February I8th., 1930.
and all cf the term and provisions of the statutes of the State of Indiana have been
fully complied with; and
Whereas, at this meeting of the Board of Public Works of the City
of South Bend, held on the I8th. , day of February 1930, commencing at the hour of
10100 �tcloek A. ., a public hearing was had on said franchise, grant and contract
and no protest has been filed by any taxpayer of sa id city to the granting o' making
of such franchise, grant and contract, it is now, on motion made and seconded,
RESOLVED, that the Board of Public works of the City of South Bend
now enter into:,: make and execute the said franchise, giant and contract to and with
the Chicago, Shouth Shore and South Bend Railroad in the manner and form proposed by
this Board of Public Works at i. t s meeting on the 26th . , day cif' J nua rg 1930, as it
apper-rs in the records of said meeting.
Ad opte d th is I8th . , d ay cf 24 ru ary , 1930.
M. E. Loran
John K. 9mogor
Attested: Ralph E. Kus s
Hazel. A. `burner.
C O N T R A C T 7 I T H C H I 0 A G 0 S 0 U T H
SHURE K7 T S 0UTI3BENDR2ILR0—AD C 0.
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This agreermnt da to d this I8th. , day cf February 1930 made and
enterer into by and between the dity of South Bend, Indiana, acting by and through it
Board of Public Works, Party of the First Part, herein called the "City, and Chicago,
south Shore- and South Bend Railroad,, a corporation er.ea.tad- 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 Railroa
to locate, construct, maintain and operate ohe or more railroad tracks, including
pole ,support s, span wire s, trolley wire s, transmis s ion and feed w ires, t elephone and
telegraph wires, guys, braces, fixtures, appliances and appurtenances used in the
operation of its railroad in said City of South -bend, over, upon, along and across
Orange- tree t, Mee de Street, Merry Avenue, Fremont wteet, Olive street , Washington
Street' and Grant 6treet, and all other public streets and alleys reads and highways
not spec if ical ly named but . which are intersected by the proposed route, from a point
on the east line of tLot 78 in the West End 6ubdivision southeasterly along Derry
Avenue to Lot 42 in Arnolds First Addition and. over a provate right of war and across
Grant Street east of Lot 35 in "'rnolds First Addition; provided not fore than one
track shall'be laid in Merry Avenue without the consent of the Board of public Works
of t he City.
The center line of the track along ferry Avenue between the east
line of Mee d e 'street and the South: line of Washington Street shall be located not mor
than twenty-three and five tenths (23 5) feet measured at right angles north of and
parallel to the south line of Merry lvenue, and east of Olive Street the center
line shall curve to a location not more than ten (10) feet measured at right angles
north of and parallel to the south line of Merry Avenue and proceed southeasterly
along Merry Avenue to a curve 'to the left for a distance of sixty-five (65) feet more
or less for an entry on -the said provate right of way.
Said Railroad may carry passeneers, freight, merchandise, baggage
express and the United States mail on and along its said street railroad, interurban
street railroad and surburban street railroad line.
i Section 2. The said tracks shall be so constructed across said
streets, alleys, reads 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 secu
ity for life and property and the "ailroad shall restore said streets, alleys, roads
and highways to their former state, in a sufficient manner not to unnecessarily impa
their usefulness.
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 tracks. The said
trolley w ire s shall be suspended from span wires, cross arms or supports attached to
dubstantial wood, dron or steel poles or similar structures at least substantial and
safe. Poles and supports far —.id wires, when located in the street, 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, trap
mission lines and sources of electric supply.
Section.4. The railroad may,make all necessary openings in said
i streets, alleys, roads and highways for the purposes aforesaid 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 poute
the public from injury, and to prevent any injury to persons or to property, and steal
' save and hold harmless said City from all damages, costs and expenses which said City
shall be compelled to day as the result of any default, carelessness or neglect of
the -Railroad in the construction, maintenance and operation of its tracks on and
across saic streets, as hereby authorized and permitted, provided, kowever, that said
City shall promptly notify the Railroad of any suit brought against said City.
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Tuesday, February ISth., 1930.
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Section 5. This agreement shall constitute an Indertiminpte permit under
and pursuant to the terms and provisions of the Public Service 0ommission Law of the
State of Indiana,, and in the event of the repeal of said law this agreement shall
extend f or and. during the term of twenty-five years (25) from and after the date that
the repeal the3:eof becomes effective.
Section 6* This q.gxeement and all of its terms' and provisions shall be
binding on end inure to the benefit of the parties hereto and their successors and
assigns respectively, end shall be in full force and effect from and after the date
of its be'nglappvoved by ordinance duly adopted by the Common dodncil--of said City of
South Be�
11n witness whereof, the parties hereto have hereunto set their hands and seals'li
the day p.24d year f irst above written.
At to s to d :
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;Hazel A.
IlAttestedl:
''ity of South Bend,
By M. E. Doran,
John K. Smogor
Ralph H. Kuss
It's Board of Public Works
rner, It's clerk.
Chicago, 'outh 'shore and mouth Bend Railroad
ByYfiarles E. Thompson, It's Vice-president
B. P. She non, I
It's Secretary."
City Engineer,, H. G. Wray, filed the primary assessment roll showing the
assessments of -benefits In the matter of the removal of tracks on Division Street pur-
• suant to Chapter 9 of tke Acts of the General Assembly of the State ct Indiana for 1921
and. Chapter 178 of the cts of 1923, The Board adopted said assessment roll and approve
Ithe plan submitted by Uity Engineer outlining the benefited district andt,the method of
!assessment over the same.
day of -� In the above named assessment roll, the Board, hereby orders that on the 9th.,
pril 1930,, this Board will meet in their office in the City Hall at 7-15 P. M.1
to hear and receive remonstrances from all persons whose property has been affected
lby said track removal and will decide whether the several lots and parcels of land have
!been or will be benefited in the amounts shown on said roll. The Board further orders
11that notices of said assessments of benefits be delivered to property ownerm according
to law.
Meeting adjourned at 12:00 o'clock noon.
11Attested:
of the Board.
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