HomeMy WebLinkAbout04/22/1930 Board of Public Works MinutesTuesday, April 22nd., I930. e 9
Board zit in R regular session at 9 A- l`% r. Y. E. Doran absent. Minttes
of meeting held April I5th., 1930, read and'approved.
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The Roa rd si gne d the contract with H- N . Barnes for' the grad e, curb and
walk improvement on bo.rin Otreet under Improvement Resolution No.2327 in the amount
of12,7t7.25. `-Uhe Board also approved the construction bond. of -same in the amount of
100% of the contract price signed by United •Ste tes Fidelity and. Guaranty Co.
• Th Board signet the co ntrU ct with Rocco Simori for the local sewer impro
meat in �'J ilson venue un5 er Improve.mnt Resolution No.2329 in the amount of $1,352.30
.end also pprdmed the construction bond in the amount of 100% of the contract price
signed by N.,tional Surety Company.
-Lhe board app. proved the r enmal certificate for the 'xca.vstion Bond of
In. Ottersrein �l Son of l4`ishavraka, in t'f;e amount of ��i�,000.00 si�nec by the Aetna
Casualty And surety Uompa ny.
The Board approved the agreement of Rocco 4'imeri with reference to
the awing Avenue Sevier as follows:
April I4th . , 1930
11 Board of Public orks
South Bend, Indiana.
l Gent le man
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Conf iming my verbal agreement with you on last Tuesday with reference
to my contract for the Ding AsTenue sewer, I hereby, agree to furnish and instgLll the
nece ssery addit i onu4'8 inch pipe to connect with the storm water inlets in the street
at the price of $I.00 per lineal foot.
Yours very tr my ,
Rocco peri.
Approved by the board of Works
April 22nd., I930
John K. Smogor
Ralph H. Kuss."
The Board approved the petition of the_ Indiana end I.1-ichigen Electric Co.,
for the installation of duct lines located on yolk 'street, north of "ashinton 6tree t;
on `""ash inEt on between 't . James Court and LaPorte Avenue and on monroe 'Dtreet be seen.
Main and t. Joe 'street, as o1 tlined in their petition of Nril 22nd. , 19306
Uity tnpineer, Y. G. "ray, filed plans snd s-ecific57°tions and. estimates
and the Board adopted said plans and speci fic ations together with the followin# improve
ment rem lutions:
Improvement Resolution ivo.2356 for the pavement on Huey Street from:�'lwood
Avenue to %vsa.rquette -venue. (See files for copy of resolution.)
Improvement Resolution Ko.2357 for the pavement. on Humbolt "treet from
Allen Street to the Chicago, Indianan and Southern Railroad Right of Way. (See files
for copy of resolution.)
Improvement resolution No.2356 fbr the pavemn t improvan.ent on Robinson
Street from Lincoln Way East to Calvert Street. (See files for copy of resolution.)
Improvement Resolution No.2359 for the pavement on Ruskin Street from
Oakland Street to Clover Street / ( See files for copy of re solution. )
Improvement Resolution No.2360 for the pavement and sewer improvement
on Swypart street from ''rairie 'venue to Ewing Avenue. ( See files for copy of re sclu-
tion.l
In all of the above named improvement resolutions, the Board hereby orders
that on the I4th., (?ay of I-Iay I9301 this Board will rnet in their office in the City
Hall a t 7-I5 P. 1' . , to hear end receive remonstrances from all persons whose property
may be affected by such improvements and will decide whether the b�enef it-s -.to' the-s ezrei;iTCY�.
lots and parcels of land fiabl e to be assessed eor said improvements will be equal to
the estimated costs of same as reported by the City Civil Engineer. The Board further
orders that notices of said hearings shall be published in the South :lend tribune and
and Iti1irror on the 25th., day of April and on the 2nd., day of May, I930, according to
law and that notices he mailed to property o,.7-ners according to law.
This being the date set, hearing was had on Condemrn tion '"esolu tion No.
�2332 for the opening of `r+ashin.gton venue fromIje ode street to Bend ix Drive. (See files
1Ifor copy of resolution,)
In the bbove named condemnation resolution, no remonstrators appeared
® Tuesday, Apr i l 22nd . , 1930
and no written remonstrances Mere filed and the Board, t herefore , decides to take final
action onssai.d condemnation Resolution No.2332 and declares same in all things ratified,
confirmed and approved without `modification,, The Board. now orders that a list or roll
be prepared of all owners and holders of property and. of valuable interests therein
sought to be taken which list or roll shall also described the property beneficially
affected by such condemm Lion.
ldr. John Gavit t , attorney for the hew York Central Ra it road Company l
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and T. A. Hynes, President of the New Jersey, India . and Illinois-"ailroad Company,
were present and filed with the Board the signed copies of the contracts for Grade II
separation under Modified Track Elevation Resolution No.5. Contracts are as follows-:
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C ONTRA,.CT WITH IMIK, YORK CENTRAL RAILROAD C0MP qTY.
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This agreement made this Ilth. , day of April, 1930 between khe New I
York Ventral Railroad Company end the City of South Rend, a municipal corporation, by an
through its Board of Public Works.
V ITNESSETH :
",orks
Whereas, on the 3rd. , del. of January, I9301 the Board of Public
of the City of `'ouch Bend adopted and placed on file its Grade Leper-ti on Resolution I
No.5, providing for the separation of grades of the tracks of the New York Central u
Railroad Company at "ivision, `alnut and Cherry streets ; and
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Whereas, on the Ist. , day af April 1930, said Vesolution No.5 was �
modified by the filing and adopttion of Todified Resolution No.5; and
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Whereas, on the I8th., day of February, I930, a petition signed by mol e
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than fifty resident freeholders of the City of mouth end was filet, petitioning the
Board of Public Yorks to enter into an agreement with the New York Ventral railroad
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Company for division of cost of all work necessary under said grade separation project,
whereby the City of South Bend shall pay thirty-five percent (35%) of the cost cf the
grade separeti on project contemplated by Resolution No.5 as modified, pursuant to
section 2 of the Acts of the General Assembly of Indiana, approyed March 9th. , I927;
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Therefore, in consideration of the premises, it is agreed: I
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First: That the total cost of all work performed and meter ials. fur-
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nished to carry out the entire grade separation project, including all work or expense .
necessary to the changing of the grades of the tracks and the grades of the streets !�
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( in6lud ing cost of engineering, inspection, watchman on the work, construction and
ma. intenance of necessary temp orai?y works and crossings) as provided- for under
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TGLodified Resolution No.5, insofar as the said resolution applies to the New York Central,,
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Railroad. Company, shall be divided between the City of South Bend and the New York
Ventral Ra-ilroad as follows:
A). The cost of separation of grades of Division and .'fialnut Streets
with the main line of the New Tork Central railroad Company, including all expense for I
1 • raising the existing tracks and facilities, restoring the railroad; depressing division it
Streets and its facilities to a width of 80 feet, including the construction of 52
foot pavement roadway and 14 foot sidewalk spaces; depressing Walnut Street and its
facilities North of Division �tr-et to a width of 98 feet, including construction of
30 foot paved roadway and 9 foot sidewalk spaces; depressing y'alnut Street and its
facilities South of Divisi on z)treet to s. width of 60 feet , include n construction of 40
foot paved roadway and 10 foot s id ewalk spacesl the drainage and necessary than ge s in
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other city-wned facilities, indluding such temporary water connections as may be
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required; the construction cf the necessary five track s teel raulroe d bridge with the
Tuesday, April 22nd- t 1930. 81
necessary concrete abutments a&. appurtenances crossing; Division and Oalnut Streets
shall be divided and borne sixty-five percent (650) by the New York Central hailroad
Company and. thirty-five percent (35%) by the City of South Bend.
(B) The cost of s eDarat ipn of - E-T edes of "alnut Street at -or esent
ly id th of 60 feet with roadway 30 feet wide and 15 foot sidewalk spaces,, with the
tracks of the New York Central Railroad Company (Illinois Division) and the Grand
Trunk Western Railroad Coinpany shall include the excavation cf the exising, embankment
end the construction of the approaches, navement, side- walks, drainage and. necessary
changes in other City owned facilities, including such tEmporaty water connections
as may be required, andalsothe construction of steel and constete railroad bridges
for eight tracks, shall be divided and borne thirty-five percent (35%,)) by the City
of South Bend and the balance, sixty-five percent (65%) by the New York Central Rail
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road Company and the Grand Trunk '"ailroad Compeny, i such proportions as they y
agree 11-0on*
(C) The cost of raising Division Street at the crossing of the tracks
of the New Jersey, Indiana end Illinois Railroad Coma-pny and The New York '-%entral
railroad Company's connecting track to the Lichiean Central Railroad, shall be divid
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ed and. borne thirty-fove percent (35%) by the City of youth -bend and one-half (-2 of
sixty-five percent (65%) by the New York Central Railroad Company and one-half
of sixty-five percent (65%) by the New Jersey,, Indiana end Illinois Railroad Co. The
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cost of raising, the tracks of each railroad to meet the new grade at Division Street
shall be borne thirty-fove percent (35%) by the City of South -bend and Sixty-five
(655%0) percent by the Railroad Company whose tracks are raised..
(D) The cos t of construction of a pedestrian subway at the intersection
of Cherry Street andmthe Imih line of The New York Central Railroadincludinthe
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cost of raising the tracks, construction of sidewalks and approaches of said street e,
and tracks to sa,&d subway, drainage and other facilities, shall be divided and borne
sixty five percent (65%) by the New York Cnetral Railroad Company and thirty-five
percent (35%) by the City of South Bend.
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M The cost of improving- Huron '-treet between the East line of Harris
Street and the West line of Walnut Street, shall be divided and borne thirty-five
percent (35S) by the City of South -bend and one-half (12) of sixty-five percent
(6 5%) by the New York Central Railroad Company and one-half (-!) of sixty-five percent
2
(65%) by the Grand Trunk-*estern Railroad Company.
Second: No cost for detours for pedestrians or hift_-way traffic,, or
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policing same, shall be included in the joint ex-
Third: Each party shall render to the other,, at the end of each calandar
month a statement of the amount due for work completed, divided as hereinbefore pro-
vd ed- , and the party ariOceiving such s tatement shall pay the amount due thereon
within thirty days after the receipt of the same.
-courth: The 6ity of South bend shall vacate and close that r-rt-of
Harris Street which lies between the Southerly line of the right of 3.-ay of the New
York Central Railroad Company (Illinois Division) and. the Norherly line of the right
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of way of its industrial track North .of the right of way of the Grand Trunk "estern
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Tue s day, April 22nd . , 19300
Bai lroad
Company, (be ing a
distance
of approximately two
hundred
twenty-five (225) feel
without
any expense to the
Railroad
companies, and shall
divert
the traffic from H`IrriL
Street to `dalnut Otreet over Huron ``'treet and it is agreed that Huron Street s I
be paved between Harris Street and �4alnut Street, and that the cost of such. pavet -ent
shall be included as part of the casts of the project divided and. bowrne as in sub-
pe ra graph (e) pr ovic ed o
Fifth: The City of South bend shall indemnify and save harmless
the eta ilroad Company from and. against the payment of all claims, costs and damages
arising out of or resulting from the change of the grade of any street or alley in con
nection with the performance of the work provided for under modified Resolution No.5.
In witness whereof the parties have caused this agreement to be d,
duly executed on the day and year first above written.
TY 1 ITF 5 YORK CENTRAL RtF_ILR 0A D C ORTpiLcY
BY R. D. STARBUCK VICE PRESIDENT
CITY OF SOMM ?BEEND
BY T;?. F . r OR n N
JOHI\T K. SEITOGOR
R n LPH H. KITS S
BO"_RD OF PUBLIC VORKS."
CON'.'R'..CT 77ITH TT- ME-;' 0__,R SFAY IND;I.A�T fiI\;D ILLI1,TOIS RI-TICR0^..D
COTI)MI. NY.
This e gr e eme nt , made this S th . , da. y of Ap ri 1 1930, between the
New Jersey, Indiana and illinois Railroad Company. and the City of South Bend, a
municipal corporation, by and through its Board of Public "orks,:
WITTNESSETH
Whereas, on the 3rd., day of January, 1930, the Board of Public
Y orks of the City of South Bend adopted and placed on file its Grade Separation
-resolution N0.5 providing for the separation of grades of the tracks of the T'Te�r
Jersey, indiana ancj. Illinois Railroad Company at Division, VValnut alf Cherry Streets;
and
Whereas, on the Ist. , day of -aril I930 said Resolution No.5
was mortified by the filing end adoption cf modified Resolution 1`T0.5; and
''herra.s, on the Ist., day of April I930, petition signed by
more than fifty resident freeholders of the City of South Bend, eras filed, petition
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inr the boerd of Public '*,orks to enter into an agreement with the T'-leer jersey, Indianan
and Illinois Ra.i]so^d Company insofar as that ompan,T is concerned in raising its j
track across Division Street and for division of cost of a.11 work necessary under
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said grade separation project, whereby the City of South Bend shall pa.y thirty-five �
percent (35%) of the cost of raiding said track and street bontemplated by Resolution )
No.5 as modified,, pursuant to Section 2 of the Acts of the General Assembly of Indt.ana
approved Iderch 9th. , 1927,
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Therefore, in consideration of the premises, it is agreed:
First: That the total cost of all work performed and nr aerials
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Tuesday, k�ril 22nd., 1930
furnished to carry out the 'project , including all work 6ir.,,expense necessary to the
changing of the grades of the tracks and the grades of the streets (including cost
of, Engineer, inspection, watchmen on the work, c ons truction and maintenance of ne-c-
essary temporary work and crossings) ,,
as provided for under modified resolution No.5
in so far as the said resolution applies to tre New Jersey, Indiana and Illinois
• ! Railroad Company, shall be divided between the City of South :Bend and the New Jersey.,
Indiana and. Illinois Railroad Company as follcris:
The cost of raising "'ivision Street at the crossing, of the tracks of the
New fork Central Kailroad Companys connecting track to the Michigan Central Railroad_
and the New Jersey, Indiana and Illinois Railroad Companys track; also cost of raising
the track or tracks of each railroad to meet the new grade of, Division Street shall
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be borne -thirty-five perce tt (35%) by the City of South Bend. and sixty-five percent
(65%) of expense divided between the two Railroad Companies as may be mutually a gr e e d
upon.
Second: Each party shall render to the other, at the end of each Calander
month, a statement of the amount due for the work completed, divided as hereinabove
provided, and the party receiving such statement shall pay the amount due thereon
within sixty (60) days after the receipt of same.
Third: The City of South Bend. shall indemnity and save harmless the Rail
road Company from and against the payment of any and all claims, costs and damages
arising out of or resulting from the change of grade cLr any street or alley in con-
nection with the nerformance of the work provided for under Modified Resolution No.5.
In witness where6f., the -parties have taused this agreement to be duly
• j executed on the day and year first above written.
NEIU JERSEY INDIANA .RXD ILLINOIS RJUT-ROPi-D COITI-AYY
BY J. E. TAUSSIG VICE CHAIRTQ'U� T
CITY OF SOUK BEMP, INDLA-NA
BY M. E. DORM
JOEN K. S1,MGOR
RALPH H. KUSS
BOARD OF PUBLIC ITTOP KS. "
In both of the above named contracts,, the Board hereby orders tlrt publica
tion of same be nade'acccirding to law on the 25th. , day of April and on the 2nd. ., day
Of May 1930 in the South Bend Tribune and 1dirrar The Board further orders that tax
payers be notified it said notice of their rights in filing, a remonstrance and sets
the 14th. , day of May 1930 as the time then a- hearing will be 1-,.ad on any and all re-
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mo--nstrances which may be filed within ten days after the date of the last public,
of said contracts.
tue s da y , i 1 22n d. , 1930.
City Engineer, H. G. 'dray, filed plans and the Bce.rd adopted said
lfans together with Vacc tion Resolution No.236I for the Vacation of the First 'alley
est of Hill Street frota the north line of the fi rs t .a'l1ey north of Cedar Street to .a
linerunning f rom the northwest ccr ner of . Lot 4in Dinan' s Second Addition to the south
.east corner of lot 12 in D nan's Second additions all in the City of 6outh Bend Ind.
In the above named Vacation msolution, the Board., hereby orders that
on the I4th.1 day of May, I930, this Board will meet in their office in the City Hal
at 7-I5 P. M—t to hear and receive remonstrances from all persons interested in or,
affected by said proceedings, The Board further orders that notices of said hearing
shall be published on the 25th . , day of April and on the 2'nd. , day of I'*ay 1930, in
the bouth Bend Tribune and Mirror according to law.
The Board ap is owed c lai ns for va ri oa s d ep ar tmEent s in the amount of
$6.,I47.50.
The Board approved pay roll claims for various departments in the
amount of $62372.11.
The Board approved a claim of 433.33 for engineering and clerk pay
roll 9nd-.kereby orders City -06ntroller to pay same out of Track Elevation. Fund.
This being the d ate s et , hearing was had on the assessment roll show
ing the awards of damages and assessments of benefits in the vacation of the alley
south of Bowman. Street from High street to Studebaker Street under Vacation Resolution
No.2325.
In the above named assessment roll the Board decides to continue
hearinf- until Tuesday Iviay 6th . , 1930.
'eeting adjourned at 12 O'clock noon.
Attested:
Tl _ k . of- t Yee Boa rd
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