HomeMy WebLinkAbout12/30/1930 Board of Public Works MinutesTuesday, December 23rd . , 1930 .
Board met in repular session at 9 A. I% All members present. I'linutes of
meeting held Dec Ember I6th., I930, read and approved.
The Bo-rd approved the renewal certificate for the excavation bond in .Favor
of . IT. Burke in the amount of $I,000.00 signed by T"aryl^nd. C sualty Company.
The Board signed., the contract in ith W'i lli stop Construction Company, for the
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• oesurfa.cing of the alley west of Mein Street fromyashington Street to first alley
south of 'Frashington Avenue, with sheet asphalt, tnrid. ee Improvement Resolution No.24I0,
in the amount cf 69I.06 . The Board also approved the construction bond_ of same in
the emo -nt of 50,: of the contract price si �rned by Inland_ -Bonding Company.
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IAlee t inF adjourned at 12 o'clock noon.
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Atteste d.:
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TLC SP AY DE, BAR 30 th . , 1930.
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Board met in regular sestinn at 9 A. 1. All members -'resent. 101inutes of
meeting held Tuesnay, December 23rd ., I930, read e rd approved.
The Board approved the following renewal certifice tes for Excavation bonds:
Excavation bond in favor of H-rvelT L. -Eager in the amount of 000.00
si fined by Aetna C„sualtT and Sure ty Company.
Excavation bond in favor of Jacob Ka:-Tblitzel in the amount of I1000.00
signed. by Aetna Casualty and Surety Company.
Excavation bondin favor of VV. V. KrillenberF-er in "the amount of `"1)000.00
signed_ by Aetna_ Casualty and. Surety Company.
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Excavation bona in favor of Samuel Slut sky J n the amount of ZSI 00 0. 00
j signed by The Ohio Casualty Insurance Company. �
Jxc ava t ion bond i n favor of Uni to d Hen- ti ng an d Plumbin n the amount
of �I,000.00 signet by Fidelity and. Casualty Co., of New York. g Co.. �
Excavation bond in fevor of Chester J. Niesgodski in the amount of �I2000.01
signed by L-etropolitan Cesualty and Insurance Co.
1xcavati on bond in favor of Thomas 1:'IcCra th in the amount of ` I,000.00 signed
by Employers Liability Assurance Corp.
Excavation ?) and in Favor of S. C . Rendolph in the amount of �3�I , 000.00 signed
by Uonstitution indemnity Comp•eny of Philadelphia.
The Board a.ppr oved the Cu; rantee bond of E. T . 7ranber F for the p ^vement of
the alley north of Colfax Avenue from Twyckenham Drive to Esther Street under Improve
ment Resolution 1�o.2397, in the amount of a204.42, sif-rled_ by hrrployers .Liability Assura
nce Co.
Zhe Boa rd approved the �`y, rra my Deed_ from Henry and. Kate Y"-a man for a
portion of Huey Street and orders said deed recorded in the office of the County Re-
corder.
This being; the date set, h &-ring, was had on the assessment roll for the
Tuesday December 30th. , 1930. 21-5
ARTICLE I.
Consent and authority is hereby given by the "City to the "Ra ilwat" to construct
j maintain and operate a single electric railway track including poles, supports, span i„
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jj wires, trolley wires, transmission, feed and telephone mires, guys, braces, and other
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II necessary appliances used in the operation of its electric railroad, over,.along and
upon the follming described route in said City of South Bond, St. Joseph County,
ji Ind iana , t o-wit
it Commencing at 15erry A venye at or near it s intersection with Ka.ley
Street; thence on Kley Street between Tvierry Avenue and Bertrand
Street; thence on a ertrnd ''treet between Kiley street end.,Bendix
Drive; thence on Dflndix vrive between T-ertrand �'treet end `°estmoor
ii Street; thence on t estmoor Street between Bendix,_Drive and l.'eade
!i Street; thence on } Fade Street between estmoor �'tr� et and I'v erry
.eve nue ;
1 and to connect said track at each terminus thereof 1:; ith the Ra ilway' s existing tracks.
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nRTICTE II.
Said track shall be constructed and maintained as nearly as practicable in the
censer of s^id streets and shall be so constructed as not to interfere with the free
use of said. streets, and in such manner as to afford security for life and prope rty,
and the "Railway" shall restore said streets as nearly as practicable to their former
• condition, using identical materials and type of construction.
`,PTICLE III.
Trolley wirz s shall be suspended at a height of not less than sixteen feet above
the rails of seid track, and shall be suspenfed from sT-en wires attached to subst.F.ntial
poles which s1h all'ce pl-ced inside and adjacent to the curb like ®f the street..
ARTTCTE - TV.
• The nail:?ay may mpke all necessary openings in said streets for the purpose afore-
said, andwhen m�king sue'-- openings for constructing acid repairing its said track, it
shall be signal or otherwise do all things necess-Ty to protect the public from injury
and to 7 event any lnju.ry to persons or property, and shall save and hold harmless said
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"City from a.11 damage, costs, trd expenses which said City shallbe com-celled. to pa T as
a result of any default, carelessness or negligence of the Railway in the construction,
maintenance and operation of its said track on said streets as hereby authorized and
permitted, provided, however, that said City shall promptly notify said i_`ailway of -the
j filing of any claim or notice with or action against said City -
ARTICLE V.
'j This afire em°nt shall c ons t i ttte an ind etermina to permit under and pursuant to the
-terms aif provisions of the Shively-S-pencer Utility Commission kct -of the State of
• Indiana, and. all nets amendatroy and. / or supplemental thereto, and in the event of the
repeal of said a.et, this agreement shall extend and continue for and during the term of
twenty-five years from and after the date on Which the mpeal thereof becomes effective.
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ARTICLE VT_.
j This agreement shall be binding upon and inure to the benefit of the parties hereto
and. to their successors and assigns respectively, and shall be in full force and effect
j from and after the effective date of a confirming ordinance duly ! c,o ed by the common
Co unc i 1 of s a. id "City."
ITT I`II`.IfiT.E'SS, V``HEREOF, the parties hem to have hereunto set their hands and seals on
Tue sd ay, De cembe r 30th . , 1930 .
pavement of the alley north of Colfax Avenue from Twyckenham Drive to Esther Street
under Improvement Resolution No.2397.
In the above named assessment roll, no remonstrators appeased and no written
remonstrances were filed and the Board, being fully advised in tl-e premises, finds that
the several I-ts and parcels of land. have been benef i.ted in the amounts shown bn said,
assessment roll. The Board, therefore, decides to take final action on said roll and
declares same in 9.11 things ratified. , confirmed and approved. without; mod.i.f ication and
the proceedings closed. The Board now orders said assessment roll delivered to the
Department of Finance.
This being the date set, hearing was had on the preliminary resolution fix-
ing the form. of contract tiF=ith the Northern Indiana Railway, Inc. , giving sa id railroad
the rip
11-t to locate, c nstruct, main ain and operate its railroad tracks over and.
across 'certain public streets, alleys, roads and highways of the City of South Bend,
Ind i ana .
In the above named preliminaiy resolution, no remonstrators appeared and no
remonstrances were fildd and. the Board, therefore, adopts the follaxjing Confirmatory
Resolution:
C O N F I R 1`1 .A T O 'R Y R E S 0 L U T I O N.
CITY OF SOUTHBEND
o' H..:REAS the Boa, rd of Public works of the Ci t7T of South Bend in 6t.. Joseph
Cd untlT , 'eta to ;mf Indiana at a i4(met i ng of s a. id Board of Public -Ror ks did. determine the
exe.ct forin. in which a franchise, grant and contract toand with northern Indiana Rail-
way, Inc., was to be finally adopted and fixed the 30th., day of December IW O at the
hour of IO : 00 A. Tl. , n t the mFul ar meeting place of said Board of Public VTorks in the
Cit7T Hall in said city, as the time and place at which said franchise, grant and con-
tract was to be finally erns id eyed by said Board of Public Works; a. ml
`:� 1HEAS, proof of publication of the full and complete text of said proposed
franchise, r�grant and contract in the News Times on the I2th., d`-'• of Decen1er and
on the I9th. , c!.a y of December I930, and in the South Bend Tribune on the I2th. , de y
of December and on tine I9th., da," of December 10,30, ling trio daily news papers of
general 61rculation printed. in the English language in said 6t. Joseph County, Indi an^ ,
and -proof of posting t3f notice of the full and complete text of said proposed franchis
grant and contract in twelve public places in said City of South Bend on the I2ths.,
day of December 1930, has been duly made, and all the terms arc: providions of the
statutes of the State of Indiana havebeen fully complied with; and
ill.^S, at the meeting of the Board of Public 16crks of the City of South
Bend 'held on the 30th. , daT of Xecember 1930, commencing at the hour of I0:00 A. Ni.,
on the 30th. , day of December I930, a public hearing was h.adon said franchise, grant an
contract; and no protest has been filed by any tax payers of sa--d city to the granting
d)f making of such franchise, grant and contract, it is now on motion duly made and.
seconded.;
RESOLVED, that the Ba rd of Public forks of said City of South Bend, now
entd;r into, make andexecute the said franchise, grant and contract'':-i. th the Northern
Indiana Railway, Inc ., in the matter fnd form proposed by this Board of Public 4`jdrks
at it s meet ing on the 9th . , day of December I930, as i t appea rs in t he r eco rd of said
meeting.
Ariopted this 30th., d_ay of Deeenber I930.
Approved Board of Public "orks
December 20th., I93D
T._.1E. D ran
John K." Smogor
Ralph IT. Kuss
attested;
Hazel A. Turner.
C 0 TT T R A C T. Y'v' I T H N O R T H E R N I N D I A IT A
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R A. LWAY Ys I N C.
This agreement, made and entered into this 30th., de of December I930, by
and between the City of South Bend , Indiana, acting by and through its Board of Public
Vlorks, hereinafter sometimes called the "City", amd No-1-thern Indiana Railwat, Inc.,
hereinafter called the "Eailwa )
TTrI TNIE SSETH :
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216 Tuesday, December 30th. , 1930.
the day aix5 year first above written.
CITY OF SOUTH BM\TD Ili IANI,
BY 111. E . DORA._N
JOFMT K. STTOCOR
RAL:_H H. KUSS
NOR'?ITBRN IN7I INA RAIL`, -;AY CO.
BY R. ? . STTITH PRESIDENT
AT 'I,STED :
OREN A. ST A_LL SBCRBTARY.11
'phis being- the dpte set, continued hearinu r es ?,ad on the assessment roll
sho,uinp the awards of dM. Rge-s:- ^_rid the assessment s of benef-its -in the -rirtter of the
vac r�ti on of the alley east of Leeper Avenue from north Shore !)rive to Leeper Avenue
under va c�- t ion Re so lu ti'on TTo . 2403.
In the above named assessment roll, the Bard decir,es to continue be2ring,
until Tuesdey, January 6th. , I93I, et I9:00 A. T:".
The Eoa rd si ne tT^ e con1r=,ct v.'_i. th the '"estinphouse Lamp Company for the
purely-) se of lamps in the a-rount of . 00.00 as r esented : �- tr e T: cCpffei-f Comp= nv of
South Bend , Indiena, shov)i np a discount of 25`: on Ell stande oPei n es and e discount
of I5� on broken auantities.
Meetinp adjourned a t 12 o'clock noon.
Attested.:
UloO'r;k of the Board
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