HomeMy WebLinkAbout03/18/1930 Board of Public Works MinutesVIP-
60 Tuesday, March I8th. , I930.
Board met in regular session at 9 A. 1.1. All members present. Minutes j
of meeting held March Ilth., 1930, read and approved.
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The Board approved the estimate of Gerber and dale , Contractors, for
painting walls and. ceiling in thou Counc i 1 Chambers at the cost of 4458.00.
A proposal for the lease of the old South Bend Woolen Company property
on past LaSalle venue was filed by Hoe Scheininger as follows:
South Bend -,,Indiana.
Ia'arch I7th. , 1930.
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To The Honorable Board Cf Public Vi orks
Uity of South Bend Indiana
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Gentle men :
The unde.F. signet represe�t�s that he is the owner of the fbllc�ri�g deserib
ed real estate in the City cf South Bend:
Lots numbered Your (4) and five (5) and six (6) in the Original Plat o f
the `T'won of Lowell
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now a part of the City of South Bend, excepting therefrom a parcel
of land sixteen (t) rods in -length, taken off of and from the Entire width of the
east end of said. Lots, alsoLotsTwo, (°=2), three (3), and four (4), as shwon on the
recorded plat of Esther H. M11illerts subdivision of a Dart of Lots four (41''' five (5)
(6)
and six in the Original Plat of the Town of Loy; ell, nova a part of the 6ityof South
Bend .
The undersigned proposes to lease said real estate to the City of ''ouch
Bend for a public Parking for term (5)
ground, a. of five years, at an annual rental
of Fifty-two hundred dollars (5200.00) payable on July Ist. , and January Ist., of each G
year. It is proposed, also, that the City may have a renewal of said lease fora like
(5)
period of five years at the same rental. if desired It is understood that the
City
should accept the property in its presnt cond-�tion, and- Can make any improvements
on the real estate that it desires, with the privilege of removing any end all of its
improvements at the expiration of idle lease.
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The undersigned respectfully presents this proposal for the considena-
Lion of the Board. -
Fours very truly,
Joe Scheininger." 11
petitions. regare'ing the assessments for track removal
The following
on Division Street were filed:
Board of Public Yorks
City of South Bend, Ind.
Re: Grand Trunk Tra ck -Removal peso lu `ion.
Gentlemen:
At a general meeting of the property owners along Division street,
the following reasons were advanced why the property owners should not pay more than •
10% of the bale -nee due on the Grand Trunk con tract for the removal of i is tracks on j
Division Street from Michigan street to Laurel Street:
I. The, Grand Trunk Railroad Compan-r never paid the adjoining or
abutting property owners along Division Street, cr the city for its right of way at
the time the tracks were laid.
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2. The tracks on-'ivision 'street for the past sixty years have lessen
ed the value of the property along said street and has materially hind ere d its detelope
merit.
3. The property owners in this section have suffered great inconveniana;e
in form of noise, smoke and delaYs by reason f trains
o being zun over said tracks at
all hours of the day and. night,
4. The city for the past sixty R CompanyRailroad for
its
right of way along said street, and said tax became a part of the general fund, and
was used for governmental purposes generally. The property owners on Division Street
derived no more benefit
from said tax than the property owners generally in the City.
5. The removal of the railroad tracks, while it is not in the nature
of a. public utility, was neve rthe less considered as a part of the track elevation
program an(_ should be paid by the city at large.
6. Studebakers, 'livers ,Wilson Bros., and other employees and the
City as a while derive a direct benefit by the removal of the tracks -and
the abandon -
me nt and surrender of the right of way.
Tuesday, Merch I8th. , 1930.
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Yours very truly,
I The Commit tee
David Hurwich , C1,,air-mm
Joseph Rosenbaum, Secretary."
Board of Public works,
Soth Bend,, Indiana.
lie: Grand Trunk Track Removal Resolution .
Gentlemen:
At the meeting of the property mwners adjoining and abutting Division Street
held on the I7th. , da.y of 1a.rcY I930, it was agreed that the follc ring plan be sub-
mitted to .your Honorable Board as being fair and equitable to all parties concerned.
The property owners assessed under the old plan should pay 10% of the
$195,000.00 now due the Grand Trunk Railroad Company. The property owners in the six
zones on the north side of Division Street are to pay 5% of the amount due and the
porpe rty owners in the six zones on the south side of Division Street are to pay 5%
of the amount dine. This amount to be assessed in the same ratio as assessed under the
50 % plan as originally proposed by your Honorable Board.
The property owners (feel that the cost over and above 10% should be paid
by the city at large either out of the general fund or by bond issue, whichever way your
Honorable Board deems best.
Yours very truly,
David Hurwi ch , G� ai rman
Jlseph Rosenbaum, Secretary. Rev. C. J. Witucki
Harry Zoss ILichael Pawlowski
C. W. Hildebrand Liston Webster
Frank Vennet V. N. Defrees.
S. H. Salinger
The Board approved the recommendp tion of V+ n. F. "calls for the installation
of the follming street lights:
4000 lumen light from over head service, at Logan and Wall Street at a cost
of $45.00 per year.
2500 lumen light at the intersection of Ford and 1=eade Streets at a cost of
35.00 per year.
2500 lumen light at the intersection of Monroe and Kaley Street at a cost
of $35,00 per year.
The Board approved the recommenda t ion of ' m. F. walls to allow the Indiana
and Michigan Electric Company Detmission to locate ten poles on Harriett Street between
the old Grand Trunk Oestern Railway tracks and hoover Street to supply three phase
service to the new Sunnymede Qch6&l, as petitioned for under de to of March 6th. , 1930.
rhe Bo^ rd approvedthe c ancelati on of excavation bond of Harry Necodemus
as ne t it i oned. for by the Lloyd Insurance Agency.
The oa rd approved the cancelati on of contractors bond of Fred Gorporan
as peti ti ones for by Lloyd Insurance A,Mency.
The Board rescinded its approval of the bond filed under d^ to of `January
7th., 1930, in favor of Orville �r=. Ray, covering the execution of the garbage contract
given him at that time and approved the following bond, which is to replace the one
first accepted by the Board. The new bond is as follows:
11 Know all men by these presents, that Orville A" . Ray of the County of St.
Joseph, State of Indiana, hereinafter called the principal, and Southern Surety Compant
of New fork, a corporation organized and existing under the laws of the Mate of New
York with Heaai Office in Wit. Louis, State of Missouri, hereinafter (n- ll ed the Surety,
are held and firmly bound unto the City of South Bend Indiana, hereinafter called the
oblogee in the full and just sum of Ten Thousand Bed 3�0 Dollars, lawful moneyof the
United. States to the payment of which sum well and truly to be made the principal and
surety hereby bind themselves, their heirs, executc.Frs, administrators, successors and
' assigns jointly end severally by these presents,
. The c ondi ti on of the above obligation is such that whereas the said Orville
�i M. Ray has been granted a contract by the City of South Bend Indiana, for the removal
of garbage for said city, and this bond is to secure the said City of South Bend Ind an
for the period from January 7th.1930 u'* to and includ ing December 31st. , I930, for the faithful performance of the requirements of said. contract.
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Now tberefore, the condition of the above obligation is such that if the
principal shall during the period of this suretyship faithfully perform said contract
�� according to the terms, covenants, and. conditions thereof, then this obligation sha31
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Tuesday, Ylarch ISth. , 1930.
be void otherwise in full force and effect suhject to the followings express conditions
performance of each of which shall be a cohdition precedent to -recovery hereunder: i!
(I) That the obligee shall keep, do and perform. .each and everyV all
singularly, the matters and things set forth and specified in said contract to be kept'
done and performed at the times and in the manner provided in said contract;
(2) That if the principal shall during the period of this surety-
ship abandon said contract or for any cease cease operation thereunder for the. perform
nee thereof , or shall be declared in default under t?le terms of said contract, the
Surety shall have the right at its option to carryon the contract during the period
of this bond or to sublet the carrying on thereof curing such period and If: the, surety:
elect to ca-rnr on or sublet the carrying on of said contract, all moneys due or to
become ,due under said contract during the period cf said bond shall, as the same be
come due and payable under the terms of said contract, be paid to the surety, -regard-
less of any assignment or transfer thereof by the principal, and the surety shall
be entitlee- to said money or payments which have accrued or may accrue during the
period of said bond in perference to any assignee or any other adverse claimand thereof;
but if the obligee carry on or relet the carrying on cf said contract during. the, per
iod of this bond after the Surety has elected to not berry of or sublet the carrying
on ' d.uring the period of this bond. all funds which would have been payable to the
principal if the principal had du-1y performed said contract, shall be credited upon
an-7 claim against the surety and no forfeiture provided in said contract against said
principal shall be operative against the surety;
(3) That the @blf-ge thall notify the surety by telegram or regis
tered letter addressed end sent to it at .its feed Office in Ot. Louis, of any breach
of said contrr et within a reasonable time and in any event not later than thirty
(30) days after such breach shall have come to the knowledge of the obligee, their
agents-. or representatives;
(4) That no claim, suit or action by reason of any alleged de-
fault in the performance of said. contract or any alleged breach thereof shall be
brought against the principal or surety after ninety rays after the expiration of this
bond, to wit, December 31s-t., 1930, not shall recovery be had for damages accruing
after the date of said expiration; that service of grit cr process commencing any such
suit or action shall be made on or before ninety days after the expiration of said
bond; that principal shall be made a party to any suit or action and. be served with
process commencing the same if the principal can with reasonable diligence be found;
that no judgement shall be rendered against the surety in excess of -file penalty of thi;
instrument or for any amount other than the pecuniary damage actually sustained by the
obligee;
(5) That the surety shall not be liable for any damages resulting
from strikes or labor difficulties or from mobs, riots, civil commotion, fire, the
elements ormacts of Cod, or for property damage, by any such causes; not for damages
from injury to person or for the death of any one; nor by virture of any statutory
provision for damages or compensation for injury to or for the death of any employee;
(6) That no right of act ion shall accrue on or by reason hereof
to or for the use or benefit of any one other than the obligee herein named;
(7) That this obligat&on is afid shall be construed as one of
suretryship only; shall be executed by the principal before delivery, and shall not
nor shall any interest herein or right of action hereon be assigned without prior
consent in writing drf the Surety.
This bond shall be come effective as of the date of said contract
hereinbefore referred to, and shall terminate as of midnight December 31st. , 1930.
This bond may be renewed -for the succeeding year or years set out in said contract
hetween principal and obligee l-ereinbefore referred to upon mutual agreement between
the principal, surety and obligee. In the event of renewal, such renewal shall not
be construed as an additional obligation but merely as a c ontnnuation of the original
bond.
Witness our hands and seals this I3th. , -dam of lurch 1930,
0. M. Ray 9
lout h ern Surety Company of Near York
By D. Sherman Ellison
A owed by Board of Works
Miar ch 18 th . , 193 0
E . Doran
John K. Smogor
Ralph H. Kuss."
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Tuesday, - arch I8th. ,,. I93100 3
The Board approved the plat, of Co- - Hl • Filue ge 1' s Pl ^t with the following
Dedication,:
The annexed plat is C. H. Fluegel's Plat in. Cemter Township, St. Joseph County,
Indiana, and is eoinposed of a tract of land described as follows:
The tract lies in the Southwest one quarter o1' Section thirty-six, Township
Range
thirty-seven North, two east, (Sall. of Sec 36 T 37 N R 2F) and is bounded by
a. line running as follows: The line begins at a stone- set on the west line of said
Sec.360 T 37N, R 2 E. Said stone marks the northwest corner of the tract a.nO lies
one thousand three hundred fourteen and five hundredths feet (I314-.05 ft). north of
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the southwest corner of said Sec 36, T. 37 N.', R 2 E. From said point of beginning,
the line runs* Korth East
eighty-eight degrees and forty-seven minutes (N88 -47'E) a
distance of two hundred ninety-seven s.nd seventyseven hundredths feet (297,77) to the
vest line of the Michigan Road, now the Dixie highway; thence 6outh four degrees
nineteen minutes, and thirty seconds west (S4 I9 30 W.) a distance of two
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hundred fifty sIx and fifty-nine hundredths feet (256.591) along the said west line
of the ?pixie Highway; thence continuing along the west line of the Dixie Highway
South sixteen degrees, forty-nine minutes, and thirty seconds West (S 16 , 491,30"W)
a. distance of six hundred and thirty-two and four tenths feet (632,4) to a point;
i thence northwesterly a distance of ninety-nir're feet (99.0) to a point on the west line
of Sec 36, T 37 N R 2 E; said point lies eight hundred twenty-nine and. thirteen
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hundredths feet (829.13 f t) south of the place of beg -inning; thence due North upon and
i along the line of Sec 36, T 37N, R 2 EV
west a distance of.. eight hundred and twenty-
nine, and thirteen hundredths feet (829.I3 fi) to the place of beginning;. The above
tract contains four (A) acres morb or less.
The plat contains eighteen (I8) lots numbered from one (I) to eighteen. I�)
j inclusive,
The streets are hereby dedicated to the public for public use,
The dimensions of the lots are shown in feet and decimals thereof.
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._ In witness whereof the roprietors of this plat have hereunto caused their
signatures to be affixed this Y5th., day march 1930.
of
Elizabth hP. Fluegel
Chantstian H. Pluegel
St. Joseph County,
State of Indiana
Beforeme the and ersi gnee, a THotary Public in and for said County, came
Christian H. Fluegel and Elizabeth 1,. Fluegel, his wife, and acknowledged the execution
of the above plat this I5th, , day of 11�, rch 1930,
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Charlotte j'erner Not ar v Public
Ily Commission expires June 3, I933,
Approved Board of Works
l mp-rch I8th. , 10.30.
11. E. Doran,
jl John 1% Smogor
Ralph H. Kuss."
�Iray, filed plans, , srecificati. ons and estimate and
City Engineer, H. G.
the Board adopted said plans and specifications together with Improvement nes olut ion
N'o.2330 . for the local serer improvement on Huey Street from Elwood Avenue to Morquette
Boulevard. (See files for copy of resolution. )
In the above named improvement resolution, the Board, hereby orders that on
the 9th. , day of April 1930, this Board will meet in their office in the City Hall at
7-I5 P. M., to hear and receive remonstrances from a.11 persons whose -property may be
affected by such improvement and will decide Thether the benefits to the several'
lots and parcels of land liable to be assessed for said improvement will be equal to
j the estimated cost of same as reported by the City Engineer. The Board- fvxther orders
that notices of said he ari ng shall be published on the 21st. , day of Na_rch and on the
28th. , day of March I930, in the South Bend Tribune and The Mirror, according to law.
. City Engineer, H. G. Wray, filed plans and the Board adopted said plans to--
gether with the following condemnation resolution no.2333 for the opening of ancy
Street:
Resolved by the Board- of Public t'Vorks of the City of South amend, Indiana; That
III the following described property be appropriated for the use of said city:
Beginning at the intersection of the north line of Crumstown Avenue and. the
j west line of Section 3, Twp. 37 N., Range 2E. Thence north along the west line of said
Section 3 to the sou,herly line of Lincoln Way t'lest, thence southeasterly along to
southerly line of Lincoln Way Vest 7I.I4 feet, thence southwesterly 150 feet to a point
j 40 feet east of the west line of said Section 3, thence south parallel to and 40 feet
east of the west line of said section 3 to the northerly line of Crumstown Avenue,
thence southwesterly along the northerly line of Crumstown Avenlre to the place of
j� beginning.
Also beginning at the southeast corner of for number 10 in Vogt's First Additio
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64 Tuesday, Mardi I8th. , 1930,
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tb ,the City of South Bend Indiana, Thence north parallel to and 30 feet west of the easjt line
line of Se'dt ion 4, T. 37 � y R 2 E 433.7 feet to the southerly line of Lincoln Way est, I
thence northweste r�r along the southerly line of Lincoln Way West 32034 f'eet,F thence s o th pa
south parallel to and. 60 feet vest of the east line of said Section 4 to the northerly
line of Crumstwon Avenue thence northluesterly along the northerly line of Crumstown j
Avenue to the place of beginning. All in the City of South Bend, Indiana.
The following described property may be injuriously or beneficially j
affected by --such appropriation:
Lots 16 I7 I8 I9 20 23 24 25 26 27 30 3I 32 33 34 37
> > i e f y t r y :,
38 t 99, 40 and 41 in estchester First Unit. Lots 4775, 44, I369 f37, 1389 I391 I400
I419 I42, 1430 144 145 T46, 1479 I48, 1491 I50, I5I, I52, a-nd I53 in Restchester
Second Addition. Lots f, 2, 3, 4, 5, 6, 7, 8, 9, 10, II, and 12 in Vogt's First Addi-
tinn,
Beginning nt the intersection of the northerly line of Crumstown Ave
and the west line of Section�3, T 37 N R 2 E. Thence north along the west line of
said Section 3 to the southerly line of Lincoln Way nest, thence southeasterly along
the southerly line of Lincoln ay 'West 71.14 feet, thence south parallel to and 66 '
east of the west line of said Section 3 to the northerly line of Crumstown Avenue, thenc
southwesterly along the northerly line of Crumstovm Avenue to place of beginning,
Beginning on the northerly line of Orumstown Avenue at a point 66'
due east of the west line of Section 3, T 37 N, R 2 E. Thence north pardl.lel to and
66' east cf the west line of said Section 3 -to the southerly line of Lincolnway 4est,
thence southeasterly along the southerly line of Lincolnway West to a point 160 feet
due east of the west line of said Section 3, thence south pF-ralMl to and I60 feet east
of the west line of said Section 3 to the northerly line of Crum.stown . Avenue, thence
southwesterly along the northerly line of Orumstown Avenue to the place cf beginning.
A]l in the Uity o•f South Bend, Indiana..
Notice of this resolution shall be published on the 2lst. , day of
3.1,,rch and on the 28th. , d-y of b"-arch I930,j in the South Pend Tribune and lairror,
This Board , at its o ffic e in the City Hal 1 on the 9th. , day of Ap ri 1
I9301 at 7-I5 P. 1,11. will hear and receive remonstrances from all n ersons interested
in or affected by these p roceec• ings ,
Adopted this ISth. , day of Mprch I930.
IT. E. Doran
John K. Smogor
Ralph H. Kuss
] 0OA RD OF PUF L IC 7 OPKS . "
The Board, hereby, rescinds it's order of July 29th., I929, issued
to the Indiana Cab Company allowing them to place a telephone post. in the center island
of the sidewalk east of the Ul}ion Station on Vest bouth 6outh Street. The Board also
instructs the Olerk to . advise the Indiana Cab Oompeny and also the telephone Company
of it's order regarding this telephone post.
No petitions having been filed for a change in the type of pavement
other than that specified in the preliminary order for the pavement o f the west 2 of
Logan Street from Jefferson Boulevard to Mishawaka Avenue under Improvement Resolution
N6.232I, the Board this I8th. , day of March I930, hereby imkes a final order for light
traffic concrete pavement as the type of pavement with which said street shall be im-
proved and awards the contract for said improvement to mf: J . Nees &, Co., at thddr bid
of 317,333.41 for light traffic concrete pavement.
Claims in the amount of -4?32,888.47 for various departments were signed
and approved by the Board.
In the mn tter of Improvement hesolution Eo.2326 for the local sewer
in Sorin "treet from the east line of 1-ad is on rs rk Addition to center line of Twyckenharr
Drive, and also Improvement =`resolution No.2327 for the grade, curb and walk improvemeht
on Sorin Street from east line of T.=a-cison F'ark Addition to the center line of Twycken-
hn-m Drive, the Board. hereby orders that on t'-e Ist. daTr �
receive open and.' read sealed � � of April I930 , this Board will
A.
p proposals s for the cons t_ uction of sai G improvements up to
I0:00 . M. The Board further orders that notices of said proposals shall be published
on the 21st. ,R dais of IV'�rch anc' on the 28th. , day of Itnrch 1930, in the South B ,nd Nevus
Trihune and I�lirror, according to lava.
Mee ti n g ad j our ne d at 12 o'clock noon.
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