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HomeMy WebLinkAbout02/17/1931 Board of Public Works MinutesTuesday, February I7th. , I93I. Board net in regular session at 9 A. III.. All memners present. Minutes of meeting:. held. Pebruartr IOth. , I93I, read and approved. The Board approved the renewal certificate for the bond. of 0: A. Eulitz signed by Uontinenta l Casualty Company. This being "the dpte set, heailinpwas had. on the preliminary resolution ,fixing- the form of contract with the Northern Indiana Railway Com-,any, giving said railroad the right to loca te, construct, naintain and operate it's railroad tracks iover anr across certain public streets, alleys, reeds m.rLd highways in the City of !!South Bend , Indiana. In thhe above named preliminery resolution, no remonstrators apparel and no written remonstrances were filer: amd the Board, therefore, adopts the follaving Conf atory Resolution: C 0 N F I R I,y� A T 0 R Y R E S O L U T I O N CITY OF SOUTH BEND Whereas, the Board of Public "orks of the City of South Bend, in St. Joseph iiCounty, 'tat e of Inds aria , at a meeting of the Board of Public Works did. d.ibtermine the lexact from in Thich a franchise, grant and contract to ane Frith the Northerni Indiana IiRe il�r)a y, Inc., was to be finally adopted and fixed the I7th . , day of February 1931, [at t--le hour of I0:00 A. Pa., at the regular me^tinp place of said Board of Public orks lin the City hall in said city, as the time and place at which said franchise, grant and contra ct gyres to be finally considered by s aid Board of Public Works; and `j Whereas, proof of publication of the full and c omelet e text of said. proposed fra_nphi.se, {=rant and contract in the News Times and. Tribune on the 30th. , day of January and on the 6th., day of February I93I, being two daily newspapers of general circulation • printed. in the hnplish language in said St. Joseph County, Indiana, and proof of posting !,of notice of the fell and complete text of said proposed frarc�ise, grant and contract in tv.-elve public places in said City of South Bend -,n the 30th., day of January I93I, has been dul-T made, and. all the terms and provisions of the statutues of the said State of Tnd is na ha ve been ftl l ly complied vWith ; and `,whereas, at t'-:e meet inp of the Board of 3-Public `orks of the City of youth Bend, held on the I7tti_. , daTr of February, 193I, c o_romencing at the hour of I0:00 A. V. ,,On the I7th.; dSy of February, I93I, a public hearing was had on said franchise, grant pnc contract; and no protest has been filed by any taxpayers of said City to the granting' or rm king of suctr-L franchise, grant and contract, it is nuu on motion duly mane and. ; 'seconded.: • Resolved, that the Boerd of Public Viorks of said City of South .bend,note ente into make end execute the said franchise, grant and contract with the Northern Indiana ailvrasr, inc ., in the manner and form proposed by this Board of Public 'v orks at its meet- ng on the 27th., day of January I93I, as it appears in the record of said meeting. i Adop;:ed this I7th. , day of February, I93I. I% J. Doran, 'i John K. Smog^ r nalph H. Kuss • -ttested2 BOARD OF PUBLIC .`0T-gIS OF THE, CITY OF SO. BEND. ! Hazel A. urner, Clerk of t1he Board. I CONTRACT W I T H N O_ 'T H_ R t? I i_ T? I A N .A R3I LA Y, ILT—C. y and �r • Forks, tierein:r--"ter This agreement, made between the City of South hPr_ ein^fter soiree= r s cal called the "Ra.i 17-ay�" and entered into this 17th., trend, Indiana, acting by and l.ed the "City", end Eorthern day of f''ebrua.ry I93I, through its Bca rd of Public indiane Railway, Inc. , } IT'':.-' SSETH ARTT';I,E T Consent and authority 4s hereby given by the "City" to the iciailway to construct, Mr. intai n anc- operate a single electric railway track including poles, support i! span v,ires, trolley mires, transmission, ssi on, feed and telephone wx res, guys, braces, and ,;other mcesssry eppliances used in the operation of its electric re-:ilro, ober along and upon t!-,e 1*011aring described route in said City of South Bend, i't. Joseph bounty, Inc ian a, to -wit: Commencing at Vyestmore �'treet at or near its intersection wit�.L Bendix Drive , t nee west on atiestmore street a distance of approxi.motely 3735' . Tuesdair, r`ebeu�ary I7tb.. , 1931. ARTICLE II. Said track shall be constructed andmaintained as nearly as practical an a center line of tine existing hica{o, South Shore and SoUth bend Railway tracks now to ca ted on "estmore Street, and shall be so constructed as not to interfere with the .free use of said street and in such manner as to afford security for life and property, and. the "Railway" shall restore said streets as nearly as practicablOoto their former con- dition, using itentie27 m�ateria.ls and type of construction. ART ICLa'. III. • Trolley va-i.re.s s lall be suspended a. t a height of not less than sixteen feet above the rails of said track, and shall_ be suspended frontspan wires attached. to sub- � stantial poles which shall be placed inside and adjacent to tie curb line of the street ARTICLE' IV. The railway may make all necessary openings in said streets for the purpose aforesaid , and when making sucri openings for the constructing end rerairin.g its said track, it shall bq signal or otherwise do all things necessary to protect the public {� i from injury and to prevent any injury to persons or property, and shall save and hold. ) • harmless said. "City" -from all damage, costs, and expenses which said--- City" shai_1 be compelled. to pay as a result of any f-efault, carelessness or negligence of the "Rail- � way" in the construction, maintenance endoperation of its said track on said streets es hereby authorized ayiI permitted, provided, however, that said "City" shall promptly, notify said "Rai 11 ay" of tr.e filing of any cla im or notice with or actfontagainst said "City??, tl ARTICLE V. Th s a f reernerit sl_all constitute an incde-termine to permit under and pursuant to the terms and provis ions of the Shi.vley Spencer Utility Commiss ion act of the State . of Indiana, -nri. all acts amend-atory and / or supplemental thereto; and in the event of the repeal of said act, this agreeratnt mall extend end continue for and. during the term of tv elty-five years from and after the date on which the repeal thereof becomes effective. AR"'TCL_` VI. This agreement shell be binding upon and inure to the benefit of the part- ies hereto a;ftd to their successors and assigns respectively, and shall be in full force and effect from and after the effective date of a confirming ordinance duly adopted by the Common Uouncil of said "City". IN :'ITiES 1-'':2EGP, the parties hereto have hereunto set their hancs and seals on the day and year first above rritten. 1 UIT-Y C-11, S-017-17 BuAID T uSS1: T i 1L Ay , 1' C GEQRGI R . C17EI N VICE PEE-STDI TT. ATTE:= T 7r : ©REN SIJ,11L 2'EC1T Tr RY. t! • i This bein£- the Fate set, hearing was had on the assessment roll showing the awards of de.mpges and assessments of benefits in tYe matter of the relocation of Huron 6treet from. 'yebster Street East under Cond a:nat ion hesolut ion To.24I2. i In tle above named assessment roll, no remonstrators appe ar e � and no v!rltten remonstrance was filed. and the Board, being fully advised in the premises, j end after he a ring all persons interested in said assessments roll, Finds that the several lots and parcels; of land have been benefited and damaged in the amounts shown 6n said assessment roll. The Board, therefore, t alB s f1 nil action on said assessment roll end declares same in all things ratified, confirmed end, approved without modifiea! tion and. the proceedings closed and all proceedings had with reference to said condem 1 . nation resolution ''o.2412, are hereby sustained. The -board now orders said assessment; roll.. delivered to the Department of finance, 11 Tuesday, Jebruary Wth . , I93I. 33 The Board approved tie follori ng redistributions of assessments as submitted by City Engineer: Redistribution of assessment for the grade and sewer improvement on F.1con Kenmore, "ellington, Illinois, ���estmour, Prast and bru.mstown Avenue, property in the name of "endix Realty Company. Redistribution of Assesmments for the pavement and- sewer improvement in Westmo Street, property in name of hendix Realty Co. Redistribution of Assessments for, Westmoor `treet Sewer, property in the name of Bendix Realty Company and Bendix Aviation Co. Redistribution of Assessments for the Northwest j bunk sewer, property in the name of Bendix Peal ty Co. Redistribution of assessments for the Northwest Trunk Sewer, yropert 7 in the name of_ Lendix Realty Company. Redistrubution of assessments for the Northwest frank Sewer, property in the name of Motor Industries Corporat ion and in the name of Bendix Realty Company. • R'his being the date set, leering was had on Vacation Resolution No.2418 for the va ca- t ion. of the 2nd . , alley south of Huron Street f r om Grant Street to �Yarren Street i except north and south cross alley. ( See resolution). ✓ In the above named vacation resolution, no remopstr^.tors appeared and no writte remonstrances were filed and the Board, being• fully advised in the premises, decides to take finFl action on said vac<^tion resolution No.24IB are c ecleres same in all things j ratifies:, confirmed ant approved. i 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 describe the property beneficially affected by such vacation. i This being the date set , hearing was had on vacation Resolution ho.24I9 for j ,he vacation of the alley Crest of Train Street from the south line of the allEy south of j Ec', ma-n Street to Oaksi. de Street. ( See f iles f or copy of resolution. ) • 0 in the above named vacation resolution, no remonstrators appe?red and no write ;remonstrances were filed and the Board, after hearing ell persons interested in said vacation resolution, decides to tyke final action on said resolution and declares same in all things r Tt ifi ed , confirmed and approved. The Board now ors ers that a list or roll be prepared of all owners and holders of property and or O lua ble interests therein sought to be taken, wh is h list or roll shall also describe the property beneficially affected by such vacation. This being^ the d^ to set, hearing was had on the vacation Resolution No.2420 for the vacation of "oodla nd Avenue from the nor th erly line of Lincoln Way West to the north line of 09k Woof Addition. Also the alley west of 'Woodland Avenye from the northerly line of Lincoln 'Way West to the north line of 0 kwood Addition. Also the Alley -past of "=oodlanc Aven7e from the norhterly line of Lincoln Way West to the north line of Oakwood Addition. Also Feller Street from the west line of Marlewood Avenue to tie Nest line of Oakwood Addition. Also Ybrouette Boulevard from the west line of Yaplewood. Avenue to t-e west line of Oakwood Addition. Also the alley north of Lincoln Way West from the rest line of 1--aplewood Avenue to the west line of Oakwood Addition. Also the alley north of Xeller Street from the rest line of liplewood Avenue to the crest line of O,kTt;ood Addition. (See files for copy or resolution.) In the above named va ca ti on resolution No.2420 , no remons trF tors appeared and no T-ritten remonstrances were filed and the Board, bei.np fully advised in the premises, decides to take f ins 1 action on said vacation r esolution and declares same in a 11 thing"3 rat " fie d, conf irmed and approved. The Boa rd 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, thich list or roll shall also describe the property beneficially affected- by such vacation. This being the date set, hepring w s had on vacation Resolution No.242I for the vacation of the alley Yost of Vernon Street from the southerly line of the first alley south- of Lincoln Way East to the northerly; line of the alley bring north of the and adjacent to the Now York Central Railroad Company. I Also the f0st alley east of Vernon 6treet frog, the southerly line of the first alley south of Lincoln Way East to the northerly lire of Leer Court. I Also Leer Street from the east line of Vernon Street to the east line of Vim. iRupel's First Addition; excepting therefrom a strip of land I4 feet in width taken off !of and. from the entire length of the south side of said Leer Court. In the above named vacation resolution No.242I no remonstrators appeared p� ses and no written remonstrances were filed and. the Board, being fully advised in the. premises, decides to take fine! action on said vacation resoluti on and declares same in all things ;drat `fi.ed , conf i.rmed and approved. The Board now orders that a list or roll be prepared of all owners and holders 234 Tuesdn y, k'ebruary I7th. , I93I. of properrtt, and of va.li' ble interests therein sought to be ta'=en which list or roll shall also describe the property beneficially affected by such vacation. Claims amounting to 5345I.20 were signed and approved by the Board for various departments. Upon the re c omm en d_a t i. o n of stal leti_ on of of a 1000 lu_rre n light at the at a J,1� cost of 1�2,2.00 -cer yeer. Attested: I''m.'. Qualls , the Board approved the in - intersection of Arthur Street and Cedar �tr 1„ee ti np, e0 ourn ed. at -L 2 o'clock noon. of is h e -board TUvS-DAY EBRI-7 n ?Y 24th . 1931. Board net in Yer-ule r session at 9 A. T.. All memoer s present. 1ainutes of meeting held fe.bruar7T i`ith. , l.':3_L rued amLd sjpprav�ed. The Bor—rd approved the Excavation -bond of Ld.v-ard J. White in the amount of $I,000.00 sinned by Commercial Casualty Insurance Com7_ny. she Loard approved the redistribution of assessments for the -pavement or, Altgeld Street under re soluti on 1,,o.I239 as petitio ned f or by property a-i �e is , and as shown on schedule subnittec �.y City Lngi_neer. The hoard approved cleim_s for various departments in tie amount of �283.28 The Board. anpmved m-z, roll cJ.aims for various c.epa.riments in the amount of BII,749.62 and hereby orders City Controller to pay same. The -board approved pay roll claim for grade separation cork in the amount of `�433.33 and lrreb�r on ens the City Controller to pay same out of made separation feu nd . City Engineer filed the assessment roll shaTTing the awards of damages and assessements of benefits -n tl-ie ratter of t1e vacation of streets end alleys in Oekiio Adc iti on under Vacation Resolution io. 2420 . In the above named assessment roll, the BoarOt hereby, orders that on the I7th . , d e�T of I'Iprch I93I, this -oerd Ti-ill meet e et in the it office in the City hall at I0:00 A. I'd., to hear and receive remonstrances from all n_ersons interested in or affec ed by said roll and will r-cide whether the several lots and parcels of land have been or 7-ill be benefited :-r damaged in the amounts shcv n on said roll. The Board. further orders that notices of said hearing together -with Ihie amounts of damages awarded and ne,f2.t,s' f ssessed, shall be delivered aecordingr to law. Upon the mcorwnendation of Street Commissioner, B. J. 1�:I'npeldrum, the Board hereby o:rclers that all loads in excess of 4000 hounds be prohibited on the Fydreulic Avenue bric.ge. This order is issued as precaut: onary r - thod of avoiding, any possible accident due to excessive WPW-tt on this hrifte. T'«eet inp- ad ourn.er at I2 o'clock noon. Attested C le rk �/ • • • 9