HomeMy WebLinkAbout01/27/1931 Board of Public Works Minutes2
Tuesday, January 20th., 1931.
inFs c.,ozed. The doerd nororders said assessment roll delivered to the Department of
-11 inance
This being the date set, hearin.p was had on. the assessment roll for the pra de.
curb, :alk, serer end pavement impiovenent in Boulevard Park Addition under Impmvement
Resolution No.2328.
In the a.b ove named assessment roll , no zmons tra- tors app mre d and no grit t an
remonstr. arc es were filed and the Board, b eing fully a- dvi sed in the p m miser, finds the t
the several lots and parcels of land have been benefited in the amounts shotzn on said.
• assessment roll. The Board, therefore , tales final action on said assessment roll and
declares same in all thin{ sxatified, confirmed and approved without modification and
the p?roceedinps closed. he Board- now orders: said assessment roll delivered to the
l?epa rtme nt of -�� -F
in{c, nce .
�IClaims mounting to ` 460.84 for variot,,s c rma rtment were sip-ned and ap ,roved. by
the Board..
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I eetinpi a.d j ourned at I2 o'clock noon.
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Attested:
Clerk of the Board
TUTESDIY Jh NUI RY 27th. , 1931.
Board net in regular session at 9 A. i.. All mmbErs present. Minutes of meet
ing held January nth., I93I, read- and approved.
City engineer H. C . Wray, filed plans and the Board adopted said. plans togethe
with the follovinv Vacation Resolutions:
Conv of _Va, ti on resolution Eo.2418.
resolved by the Boprd of Public Works of the City of South Bend, Indiana, That
it is desirable to vacate the following:
2nd.. , alley south oi' huron Street from Grant Street to barren Street, except
north and south cross alley.
The foll(YVing- propert =may be injuriously or beneficially
cation: "
affecter by such va-
Lots 2199 2201 247 and 248 in Summit Place 2nd ., Addition."
Conv of —vaca tion resolution INo.24I9
Resolved by the Board of -Public `iorks of the City of a=ouch i6nd., Indiana: That
lit i a; desirable to va. on to the fb 11 o:�ri. ng
Alle7 :Rest of Maiii Street from the south line of the a lley south of Wickman
.iStree t t o Oaks i-
Street.
c�: ti on
The fo11o�;ing property may be injuriously or beneficially affected by such
Lots 45, 46, 47, 48 & 49 in Oekside 2nd., Addition."
• CrPY OF VACITTON RESOLUTION NO.2420.
Reso lvesi by the Board of Public Xorks of the City cif' South .fiend., Indiana: That
fit is desirable to vacate the follovring:
224 Tuesda7T, Janu=ry 27 th. , 193I.
Nood.la nei I'=venye from tree northerly line o r Lincoln �'iay f os t to the nort
line of Oakwood-'jddition. Also the alley west of foodland !+venye from the norherly
line of Linc o1n way 'V'iest to the north line of Oakwood Addition. Also the alley east
f ''`oodla.nd Aven77e fr m the northerly line of-incoln vay West to the north line' of Oak£
wood Add.i tion. Also Keller Street from the west line of Leap lewood Avenue to the west
line of teakwood A-ddition. Also ivrar uette Boulevard from the west line of 11pnlewood
Avenue to the crest line of Oakyvood �d.dition. :Also the alley north of Lincoln V ay 'Nest
from the west line of Maplewood venye to the west line of Oakwood Addition. Also
the alley northn of Keller Street from the west line of i!iaplewood Avenue to the west
line of Ual�rood Addition.
The follo ing property Tnay be injuriously or benef-icially affected by
such vacation.
All lots in Oakwood. Additi on to the City of South Bend, Indiana."
COPY OF VACATION RESOLUTION N0.242I.
Resolved by the Board of Public Works of the City of South Be nd , Ind
iena ' That it is desirable to vacate the follarring:
The alley west of Vernob z)treet.from the southerly line of the first
alle_- sout.L of Li oncoln ','ray ffast to -to northerly line of the alley lying north of and
adjacent to the rdgrh-t of way pf t1ie? Mew York Central Railroad Compmy.
.Also the first alley east cr vernon Otreet from t he southerly line
of the first alley south of Lincoln ':,fay East to the northerly line of Leer Court.
Also Leer Court from tr e east line of Vernon street t o the east line of
=gym. i-lupel ` s i; it st }} ddi Lion; e xcept i ng there from a strip of land 14 feet in wi dth taken
off of end from the entire length of t;".e soutr side of said Leer "ourt.
The following property ma-r ue injuriously or beneficially affected. by
such vacation:
Lots 91 10, 1I, 12 , 13, 14, 15 16, 17, 18, 19 in aym. �upel' s �'i rst
Addition to the City of Sout.t-bend, Indiana."
In all of the above naned vacation resolutions, the Boardhereby orders
that on the 17th . , day of 1'ebruary 1931, this .roe r: Will meet in their office in the City
Rpll at 19:00 A. h�i., to he2r and. receive remonstrmces from all nerscns interestec in
or a ffecte-by said -w cations. The board further orders that hot is es of said hearings
shall be published on the 30th., bay of January and on the 6t1i. , dair of l'ebruary 1931
in the South Bend '1'ri bune and E�i rror, , ac cor d inE, to law.
The Board approved the redisburser7ents of assessrmnts submitted by
rj •U. Yray, City i�n gineer, for the 22n d. , �'tre et s'- ee t asphalt pavement under nes olut ion
No.1742, P ~ petitioned for by Paul itelly and r. illard artman. The Loard orders said.
sbhedule submitted or delivered to the vepartmmnt of riinar_ce.
The board approved the ,bona of 4icholas 1:=aniatas for Uontractors
in the amount o f "'I,000.00 signed. by Lustice anC P. Poledore.
The --oa rd ,r-ppmved the renewal certificate for the bond of U. Li. Ray
the garbage contract in the amount of -I0,000.00 si gneed by 6outhern surety uompany.
1 '-uhe Loard approved the Guarantee bond of nieth niley. construction Co
tor the improvements in i;ouievard nark gddi tion under improvement riesolution rlo.2328
n the ariount of ?8,1I7,33 signed. by bouthern ourety Company.
the woe rc approved the excavation bond of U-eorge r-slin in the amount
f I.000.00 signed by -un -indemnity a ompany d' fiew iork .
eso 1u-ti on Phis be-'
ng the date set, herringing Pas heal on the following vacation
Vacic, tion resolution-tio.2414 for the vcce tion of the end. , alley east
f bt. "et er "'tre et from t'lmond court to the south 1 i ne of the 1st . , ile = north of
-lmond. I-ourt, Also 1st. , alley north of %-lmond � curt from the west line of the 2nd.,
lley ear -t of Wit. Teter -treet to the 3rd.1 alley east of St. Peter street.
in theabove named vacation resolution, no remonstrators appeared arid,
o remonstratio-es wrere-faled any the, Board being^ fully advised in the premises, decides
Ito take final action on said vacation resolution and declares same in all things rati-
fied and_ approved. The Board now orders that a list or roll be prepared of all owners
mad holde--s of property and of valuable interests therein sought to be taken, which
list or roll shall also describe the property beneficially affected by such vacation,
j This being the date set, hearing was he-E on Vacation Resolution No.
2415 for the vacation of the Ist. , alley south of Huron street from C,rlisle S_tredt to
the east line of the alley M st of Philli pa Street. excepting alley M st of C,,,rlisle
Street and Phillippa Street intersections.
In the above named vacation resolution, no remonstrators apper red and
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Tuesday, Januery 27th. , I93I. 225
no written remonstrances -v�Tere filed and the Board, being fully advised in the premises
deicdes to take final action on said vacation resolution and declares same in all
thin{z ratified., confirmed and. approved. The Board now orders -that a list or roll be
prepare of, all ov;mers and holders of property an(", of valuable interests therein
j sought to be taken, which list or roll shall also describe the property beneficially
11 affected by said w cation.
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it The ward. approved claims in the amount of �;6,530.42 for varicaws departments.
The Board appmved pay roll clai.ns in the amount of 11,9I6.15 and hereby
• I orders City Controller to pay same.
The Board also approved pay roll claim in the amount of $433.33 and hereby
orders City Controller to pay same out of Grade Separation fund.
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Tyr. D . C. `outhworth of the Northerr? Ind is na Bails ay , Inc . , eras present end
presented. the following prelimine.ry resolution, which was ado?)ted_ bar the Board:
PRET:IT1 IT,r!_.RY RESOLUrITON
RESOLUTION OF THEE, BOARD OF PUBLIC '.OI LS OF Tl CIT%T OF SOUTH BEND
INPI ANA FIXING TEE FO7L:1 OF COT7?RI' CT NO nTIEE PW MMI AYA RAILWAY INC. GIV
ING SIaID RA1Z:'AY COITAITY THE RIGHT TO LOCATE CONSTRUCT 1,rDkIhTAIN `:Ivy
OP_�:�:RATE IT'S RAILRO "D TRACKS OVER AND ACROSS CL`RTAIN PUBLIC STREETS
ILL. S ?CADS r_I''? HIGH'AIrS OP T? U CTTY OF SOUTH AND INDIANA.
T m, 6 r Bend in 6t Joseph
4�'I��AS the Do^rd. of Public o-�ks of t re City of South , Ph
County, !&, iana, desires to enter into a contract p_iv-i np the ri pht to NORTHERN INDD-NA
rRAIIj"1AY, INC., it's successors and assigns, to locate, construct, m^intain and operate
it's railroad tracks over and across certain public streets, alleys, roads and high-
ways in Said. City and said Board of Public Works having d.eterm ined the exact form in
which saidcontract is to be finally adopted, T'-ich form is in Tords ,nd fiFUres as
follows, to -wit:
CO-11T A,CT
THIS AGREET:'I;NT, made and e nt a-ed into this d_ a.tr of
193111 by
and between the CITY OF SOUTF IEND, INDIANA, "acting by a rxi through its Board of Public
Monks, hereifiafter sometimes called the rrCityrr, and Northern Indiana Rai-l�.ay, Inc.,
hereinafter called t 1 e "Rai lTav" ,
T` ITTNESSETH:
ARTICIE I.
Consent and authority hereby given by the "City" to the "Railway"' to con-
struct I mr, intain and operate a siTigle electric railway track including poles, supports,.
spa-n moires, trolley wires, transmission, feed and. telephone sires, guys, braces, end.
other necessary appliances used in the
operation of
its
electric railroad, over, along
an(;, upon the folla=-ing described route
in said City
of -South-
-Bend, St. Joseph County,
Indian,, to -«;it:
commencing at Destmore Street at or near its intersection Frith..
Bendix Drive , thente ,rest on Westmore Street a distance of approx-
i=- tely 3735' ;
and t o c onne ct sai d t rack a t each terminus thereof vrith the "Railway' s" existing tracks
AR`T' I''LE I I .
Said, track shall be constructed and rm_intained as nearly as practical on a
center
line
located 13.5'
south of
the center
line of
the existing
Chicago,
South Shore
and. South
EEnd
Railv,ray
tracks now:
located on
Viestmore
Street, and
shal..l be
so con-
structed as not to intetfere with the free use of saia street and in such rwanner as
to afford security for life and property, anct t1le "Railway" shall restore said streets I,
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as near. 1Fr a s pr. acti.cable t o their former coed iti on, using identical Pr terial s ,and
type of construction.
it
January 27th.1 I93I.
ARTICLE III.
Troll-y rriros shall be suspended. et a height of not less than sixteen feet
above the rails of said t ra ck, a ncl shall b� suspended f rom span wires attached to sub-
stantial poles which shall be placed. inside and adjacent to the curb -line of the street
ARTICLE IV.
The "Railway" rrkay nna1ce all necessary openings in se id streets for the pur-
pose aforesaid , end when milking sdch openings for c onstru cting and repeirin� i is said
tr^ ck, it shall bT si gne l or o t he rw ise do all things necessary to protect the public
from injury and to -prevent any injury to persons of property, and. shall and hold harm-
less said. "City" from all damage, costs, and expenses which. said "City tF shall be com-
pe�led to pay as a result of any default, carelessness or negligence of the "Railwey"
in the construction, maintenance and operation of its said track on said streets as
he l,eby authorized and permitted , provided,, however, that said "City" shall promptly
notify said. "Railway" of the f iling of any claim or notice with or action against said
Ft �+ t ZT Fp •
ARTICLE V.
This arTeement shall constitute an indeterminate permit under and pursuant
to 'the terms and provisions of the Shively -Spencer Utility `Iommis Sion Act of the State
of Indiana-, and all acts emendatory and/or supplement al there t om and in the event of
the repeal of seid act, this agreement shall extend and continue for and. during the
term of twenty-five Nears from and after the date on which the repeal thereof becomes
effective.
-R` TCLE VT.
This agreement shall be binding upon end inure to the benefit of the parties
hereto and to their successors and assigns respectively, an(' s'�all be in full force
andd effect from and after the effective date of a. confirming ordinance duly adopted
by the Common C ounc it of sai d. "City . "
IN `?ITNESS "uHPEOF; the parties hereto have hereunto set their hhnnds and -
seals on the dad and year frist above written.
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CITY OF SO U1171 BEND
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BY
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BC "_w OF PUBLIC FORKS
TTOP mT7MN' ITT'JI.E FA R_" TU;AY TFIC .
BY C7ORCE R. GR=TT VICE'PTESIt ENT.
AT`T'''ST. D.
01P N -= cl,aLL »CRLT 3Y.
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Tuesdey-, January
27tb., I93I.
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TY 'R FORE, B' IT _ru SOL'VBD
by that pursuant to the statutues of
Indiana
in such case
made and. provided, said
Board of Public Wcrkks does now fix the
time at
which said.
contrect shall be finally
considered as the I7th., day of February
1931 at
the hour of
I0:00 A. ii. , at the offices
and meeting place of said Board of
Public
Works in the
City 11al1 in said City of
South "end, et which time and pl=�ce a
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( public
hearing shall
be had- and any taxpayer
in said C it-y may appear and file protest
j against
any and all
of the provisions of said.
contract.
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BL IT FURII'FR 'P_ESOLVFD- thst Northern Inc? ia.na Ea. ilway, Inc. , shall a
it's own expense, o use the full and comp fete text of said contract . to be published
as required by law with notice of the time an,� place of said hearing in the South Bend
Tribune and. 6outh Eend News Times, being tro d ai ly newspa.pers of general circulation,
printed in the English language, in said- St. Joseph County, Indiana.'
zDaid V'o rthern Indiana Railway, Inc. , shall_ likewise post copies of
said contract and notice of time and- pl--ce of said hearing in ten public -places in said
City of South Bend.
Adopted this 27th. , c.F.y of January, I93I.
1-. v . Doran,
John K. Smogor
Ralph F. Kus s
BARD OF PUBLIC WORKS
ATTESTED:
v Turner, Clerk.
Ala-zel A .
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The appraisers appointed by the .hoard for the opening of ayashington
Street from _ eade Street to -bendix "rive under Condemnation Resolution 3lo.2332, filed
the assessment roll showing the awards of dam2ges and the assessments of benefits
for said condemnation.
In the a —ve named assessment roll, the Board, hereby, orders that on
l.the IOth., day of -Larch 1931, this Board will meet in their office in the City hall at
I10:00 A. Y., to hear ane receive remonstrances from all persons whose property has
!been affected by said comemnetion and will decide 11vtether the several— lots and parcels
,of .laird have been Cr will be benefited in the amounts shozM on said assessment roll.
The gourd further orders that notices of said hearing top -ether with the amounts of
'damages and benefits, be delivered according to law or published. according to law, as
the case may be.
ieeting adjourned at 12 O'.clock noon.
Atte step :
�Z� / Ltle�
Cle •k of the Board