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HomeMy WebLinkAbout12/09/1930 Board of Public Works MinutesTuesday, December 2nd. , 1930 . 2A-t;" 4-DO 0 • • • • • • t'�ee ti ng adjourned at I2 : 00 o'clock noon. Atte st ed : I/0-'I z/ Cf erk TTJE S' AY DEC ",11 M R 9 t h .. 1930 . Board met in regular session at 9 A. MI. All members present. Minutes of meeting held December 2nd., I930, read and approved. City Engineer, H. G. Tray, filed plans and the Board adopted said plans to- gether with the follcuing Condemnation Resolution No.24I2: Copy of Condemnation Resolution No.24I2. Resolved by the Board of Public Works of t he C ity of South Bend , Indiana , That the follcuing described property be appropriated for the use of said City: Huron Street (relocation) from '' ebster Street, east, more particularly describ ed as follows, to -wit: I Beginning at the northwest corner of lot 27 in V7. F. Wilson's subdivision of the south part of B. B. L. 94 in 2nd., Plat, thence east aloTig the north line of saic lot 27, d�nd "being the south line of Huron Street, to the northeast corner of said lot 27, thence south along the east line of said lot 27 a d; stance of seven feet (71) to a point, thence s otthwes to rly in a s tr fight line to a point in the west line of said Mot 27, distant twenty-six and thirty-three one- hundredths feet (26.33) south of the ;northeast corner of said lol 27, thence north along the said_ west line of lot 27, tventy six and thirty-three one hundred-ths feet (26.33' ) to the ple ce of beginning;. The folloring described property may be injuriously or beneficially effected by such appropriation: Lot 27 in '. F. Filson's subdivision of the south part of of B. 0. L. 94 in 2n ;Plat, and the City of South amend, Indiana. Notice of this resolution shall be published on the I21-h. , day of Lecember and on the I9th. , day of J'ecembe r 1930 in the South Bend Tribune and Idirror. This Bop rd , at it's off ice in the City r-all on the 6th. , day of January 193I at I0:00 A. M—$ will hear and receive remonstrances from all persons interested in or affected by these procee-ings. Ad opted this 9 th. , d q,,r of December i930 . i_. E. Doran John 1 . Smogor Ralph H. Kuss Board of Public Works City-ngineer, H. C. %eray, filed plans, specifications and estimates and the Board a.dopte(l said plans and specifications together with the fbllouing improvement xeso lotion: Improvement Resolution j%lo.24II; for the grading of the alley north of South Be nd Avenue from s t. Louis Blvd. , to Turnock Street and alley east of '�'t. Louis Street ;from Ist., alley'`North of South Eend Avenue to 2nd. , alley north. (See files for copy ii of resolution. ) i In the above named improvement Resolution, the Board, hereby, orca ers that said Bo, rd , at their office in the City Hall on the 6th. , day of January I93I, will jmeet to hear and receive remonstrances from all persons interested in or affected by sa, id impr overren t and w-_ 11 d ecid.e whether the benefits to the several lots a d parcels of land will be equal to the ses tix�ated cost of same as zepor ted by the City Engineer. . The Board further orders that notices of said hef--ring shall be published on the 12th., day of D-cember and on the 1�th., day of December 1930 in the South Bend Tribune and Tuesday, December 9th., I930. and T'firror according to law and. that notices of said hearing be mailed to property owners according to law. City Engineer, H. G. Wray filed. the Final estimate for the pavement of the alley north of Colfax Avenue from Twyckenham Drive to Esther Street under Improvement Resolution Yo.2397 in the amount of U,044..22, which the Board signed and approver. City 1 - gineer, ' . C. ra �T, filed the pr unary assessment Troll_ for the pavement of the alley north of Colfax Avenue from Tveyckenham give to Esther Street under Improvement Eesolut ion No.2397. In the ab)ove named assessment -roll, the Boerd, hereby, orders that on the 30th.9 day of veeerriber 1930, this Bo�-rd will meet in the City Nall at I0:00 A. Y., to hear and. receive remonstrances from all persons whose property has been assessed for said improve went and will decide whether the several lots and par eels of land. have been or it .11 be benefited in the amounts named. on said roll. The BoPrC further orders that notices of said hearing: shall be published in the South Bend ''ribu.ne. and Rews Times on the 12th., dair of December, on the 13th., day of December and on the I9th., day cif' December I930, according to law. The Boa rd appro ve d the grad e o f the al le y e as t of ''t. Loud s Blvd from elle ,r north of 6outh tend Avenue to alle v south of Kalorama street , as sub- mitted by City Engineer, H. G. '�,ra y. The Board also approved the grade of al le y n orth of South Bend Avenue from St. Louis Blvd . , to Turnoek Street , as submitted by City En gineer g H. G. Wray. The Board approved the redistribution of assessments fear the Sheridan Avenue sub -trunk Sewer as petitioned for by the Colpaert Eealty Company. The Board_ a proved the redistribution of assessments for the Northwest Trunk Sewer on certain portions of land, as petitioned for by the New Jersey xa ilv ay Company. This being the dite set, he -ring .,as h.�d on the assessment roll for the grade curb aid. walk improvement on the south one half of Donmoyer Avenue from Fellcus street to High Street under Improvement Resolution Eo.2387. In the above named assessment roll, no remonstrators eppeared 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 in the amounts shown on said roll. The Board, therefore , decides to tam final action on said roll and declares same in all things ratified, confirmed and approved without modificetioi and the proceedings closed. The Board noc, orders said assessment mll delivered to the 1'enartment of Finance. This Being the date set, hearing was on the assessment roll for the grade, curb an d walk on the west one half of ell cr s Street from Donmoye r Avenue to Irvington Avenue under Improvement peso lu t ion No.2388. In the above named assessment roll, no remonstrators appeared and no written ranonstrance was filed and the Board, being fully advised in the premises finds that the s ever al lots and parcels of land have been benefited in the a. mounts shov-n on said roll. The Board, therefore, decides to take final action on said Toll and declares same in all things ratified, confirmed and approved without modificatio and the proceedings closed. The Board nor: orders said assessment roll delivered to the Department of Finance. The Board signed the contract with Rocco Shari for the construct ion of a local sev.Te r in Tn vlor Street from Indiana Avenue to 2nd . , alley north of Indiana. Avenue under Improvement Resolution 240I in the amount of $583.I0. The Board also approved the construction bond_ of same for 100% of the contract price signed by iyetional Surety ComT)a.ny. the Loa rd signed. the contract with Carmine Puce for the constructioi of a local sei=rer in Lendix Drive from Crumsto-n -'venue to Lincoln vay West under Improvement resolution 1 o.!�407 in the amount of ti 553.60. The Board also approved the construction bond of same for IOO'j of the contract p r c e si gne d by 'mployer s Liability Assurance Corporation. The hoard signed the contract with i . i . Barnes for the grade, cur b and. wa lk on L n di x Or ive from Crurmst o:-,rn Avenue to Li nco In Way + est , and er Im- provementlesolution o.2408 in the amount of `,•�I,842.68. The Board also approved the construction bond of sage for 100' of the contract price signed by United States fidelii;y end Guaranty Company. The Board approved the reneiTal certi fi cate for tr e excavation bond in favor of Louis -toll in the amount of �I,000.00 signed by Lv-etropolitan Cr,sualty Insur.-nce Company. The Eoard approved the mnevfa1 certificate fbr the excavation bond in fs_vor of Philip Cohn in the mount of ")I,000.00 signed by 'etropolita n Casualty Insurance Company. The a-oard approved the renewal c es-ti:f'ica�tre for- the; :excdvation bond in favor of Albert a". Smith in the amount of I,000.00 signed by � etr®politan Casual 0 0 • • Ll • Tuesday, December 9th., 1930. 205 C. sualty Company. The noe rd approved the zeneval pert if'ica. to fbr the excavation bond in favor of Arthur h-eyer in the amount of ")I,000.00 signed by h"assachusetts Bonding Co, The `oa rd a.ppr,oved the renew, el certificate for the excavc tion bond in fb vor of ray Veaver Co. , in the amount of �'?I,000.00 signed by American uurety Company of New York. i .`his be Lnf the date set, bias were received opened and read for the resur- • Efa.ci.ng of the alle -7 west of Main street from ��ashington Avenue to st ., alley south under Fmpmvement Resolution lJo 241',0, Bids are as folio s: sheet asp. - asp concrete inlets 8" p ipe Xtra concrete ,Williston Uo. T.5'7 �I.47 1:2.J0 1.25 2900 it The -board approved Tyroll claims for various departments in the w.oujit of II,729.61. II The Board also approved claims for various departments in the amount of ii The Board also approved pav roll claim for (-,m de Sepa_ ration expense in the Mount of 433.33 and T,emby orders the controller to ray same out of Grade Separation Fund . - r• = • =• �3mith, ~'resident of the Northern Indiana Eailwav, Inc., was present nd presented the fo11o?7inf2- pre1im.inrjT resolution vThich gas 2dopted by the Board: P? ELTIITT?ARY -IE a,_': Lti T1Mi S ,IT:7TON OF T�. Da.,,RT; CF PUBT,TC 0RTy 0 T n C I Y 0r ` C Tj'-. IT ._ B r r I �1`dA FT'II`C _ r O i' OF CO1,J R,`CT TITII NORTI Rt INDI11 Tr,, INC. CT?TINC `.tTD, R^�L..'_Y C01 'TTY TH ICFT 70 LOC"-TE CO T-TS TRUC^i TN ."T OPERf'I . IT'S fS.IL�.C_"P 'PRICKS OV'+'R ACROSS CIEMRT`_IY PUBLIC STREETS I- LLEYS -?O^,DS. ,�-D I -ICI?,; ".YS OF THE CI`T'Y OF c OUTF` TN..-, T ,err ; 'RE A S, the Board of Public -forks of the C; ty of youth tend , ' ndi ana „ st. Jospeh County, I ~ana desires , t o enter into a contr--ct giving the right to NORTTHE RN 11TD N !:AILWAY, TIC., it's successors end assigns, to loeetc construct and rr�aintain 'and operate over and across certain public streets, al legs, roads and highways in said City and said ioerd of Public ':.'orks, having determined the exact form in which said contract is to be finally adopted, which form is in words and figures as follows,to-wit: —TT�'_'' 1_ 1 - % T. Ci l TYIti 4.CRI I+�. r;T, made an(5 entered into this ea.v cC I930 b5T between and the City of South fend, indiana, acting by and through its Board of Public o rks , hereinafter sometimes called "The city", Northern and Indiana Railway, Inc., hereinafter called the "Railway", li,ithesseth ARTICLE I. Cons • ent and auth or it v is h ereb - given by the City to the Railway to construct intain and operate. a single electric railway track ineludi ng poles, supports span Tres, trolley wires, transmission, fees and telephone w ires, guys, braces, and other necessary appliances used in the operation of it's electric railroad, over, along and upon the following described route in said City of South Lend, St. Joseph County, Indiana, t o-wit Commencing at Llerrv, Avenue at or rear its intersection with Kal'ey Street ; thence on Daley Street between Tverry_ Avenue and Ber tr and Street ; thence on Bertrand S t-r'e et • between Kaley Street and Bend ix Drive; thence on 3 ndi x Drive between Bertrand Street and �'�'estmoor Street; thence on giestmoor street between Bendix Drive and_ Meade Street; thence on T'.-eade Street between �festmoor Street and T.,,-ferry Avenue; �and to connect said tr ek at each terminus thereof with the t B "Railway's" existing tracks. ARTICLE II. Said track shall be constructed P. m i.ntained as near1-y e. practicable in the center of said streets and shall be so constructed as not to interfere with the free use of said streets, end in such manner as to afford security for life and pro- perty, and the Railway shall restore said streets as nearly as practicable to their • former cond ition, urs ing identif el naterials and type of construction. ARTI CLE III. Trolley wires shall be suspended at a height of not 1ess than sixteen feet abo quo Tuesday, December 9th., 1930. the rails of said track, and shall be, suspended from span wires attached. to substanti poles =.�:�hich shall be nleced inside and. adjacent to the curb line of the street. ARTICLE IV. The L'ail17a7 may make all necessary openings in said streets for the purpose aforesaid, and when making such openings for constructing and repdiring its said track, it shall by signal or otherwise do all things necessary to protect the public from injury and to prevent any injury to persons or property, and shall save and hold h rmless said. City from all da_maeps, costsip and expenses which said City shall ba' compelled to pay as a result of my default, - carelessness or negligenc of the Railway in the construction, maintenance and operation of tf.s said track on daid streets as hereby authorized and permitted, prow-i.ded, however, that said City shall promptly notify said. Rail,%y of the filing oi' any claim or notice with or a,etio against said City. ' AP= TICLE V. This agreement d-ial l constitute a r indeterminate -omit under and pursuant to the terms and provisions of the Shively -Spencer Utility Cammiss ion Act of the State of Indiana, and all ects amendatory and/or supplemental thereto, and in the event of the repeal of s•,id act, this agreement shall extend and continue for and during the term of twenty-fove --ears from and after the date on which the repeal thereof becomes effective. ?.RTICLE VI. This agreement shall be binding upon and inure. to the benefit of th parties hereto and to thai_r successors and assigns respectively, and shall be in full force and effect from and after the effective (fete of a confirming ordinance duly adopted by the Common Council of said City. 1N WITNT!SS 7111EREOF, the parties hereto have hereunto set the-r hands and seals on the day arr year first above written. Cit-T of South Fend NOR =IRN IITT I AP,TA RAIL 7AY INC. BY PRLSI '.HINT ATTESTED:, i SECT -MET LRY • • • • Now therefore, be it resolved that pursuant _to the statutes of Indiana in such case made and provided, said Board of Public Wcirk s does now fix the time at ,Th.ich said contract shall be finally considered as the 30th. , day of Decem%er 1930 at the hour of 10:00 A. M., at the office and meeting place of said Board of Public 'arks in the C- ty Hall in said City of South Bennd_, at which time and place a- public hearing shall be had and any taxpayer in said City may appear and fi?e protest agau aga_nst any and all oP tr e pr ovis ions of said. contract. ; • Be it further resolved that Northern Indiana Railway, Inc. , shall at it', own expense, cause the full and complete text of said contract to be publish ed as requi re d by law with noti ce o f the t ime and p le ce of sa id hear ing in the South Bend Tribune and South Bend Neus Times, being two daily newsp3T-ers of general circu- lation, printed and published in the English language, in said St. Joseph C._unty, Indiana. Said Northern Indiane Railway, Inc., shall likewise post copies of said Tuesday, December 9th . , 1930. 2-07 contract and notice o f time and place of said. hearing in ten public places in said City of 'South Bend. Adopted this 9th. , day of December 1930. Y E . Doran John K- Si opor • Ralph IT. Kuss BOARD OF PUBLIC WORM u -I t to sted : II it Hazel .P . Tu=e r, Clerk." • „ City EnF-ineer, H. G. +ray, filed the assessment roll shoring the awards of damages a nc the a.s sessne nt s of benefits in the matter of the Cond emnat ion of portions of Knowblock Street between Lincoln flay West Pnd City Limits under Condemnation Resol— ution Bo.2409. In the above named assessment roll, the Board, hereby, orders that on the IOth. , day of February I930, this Board willmeet in their office in the City Hall at I0:00 A . T.R. , to hep r r nd re ceive remonstrances f rcm all p ersons interested in or affect ed by said condemnation. The Loard further orders that notices of said hearing togeth er with the amount s of benefits assessed arL1 damages awarded 2.gainst each piece of -property be delivered according to law or published according to law, as the case may be • 0 I Attested: C e rk • 0 1EP,eting adjourned at I2 o'clock noon.