HomeMy WebLinkAbout01/19/1932 Board of Public Works MinutesTuesday, January 12th., 1932.
323
The -board approved pay roll claims for various departments in the
amount of $5,817.32.
The board approved claims for various departments in the amount of
6$316.54.
Meeting adjourned at 12 o'clock noon.
tte ste d:
Clerk of the Board
i�TUESDAY JANUARY 19th., 1932.
Board. met in regular session at 10:00 A. Y. Mr. John K. Smogor absent*
Minutes of meting held Tuesday, Januery 12th. , 19329 read and approved.
The following r ener al certificates were a pp roved by the Board.:
Renew al certificate for the excavation bond in favor of Edward J. White
• :Isigned by Uormercial Casualty insurance Company.
Renewal certificnte for the excavation bond in favor of W. W. Sibley signed
1by Employers Liability Assurance Corporation.
The -board approved the excavation bond for $1,000.00 in favor of J. B.
,Fleck Plumbing Company signed by Sun Indemnity Uompany of hew York.
The board approved the excavation bond in favor of H@.=y 1�icodemus in the
Isum of $1,000.00 signed by Sun Indemnity Company of hew York.
The -ocard approved the Guarantee Bond of John Lugaresi for the Hamilton
ilStreet local sewer improvement under- Improvement Resolution No.2458 in the amount of
1,--85.88 -signed by Employers liability Assurance Corporation.
This being the date set, continued hearing was had on the assessment roll
'for the local sewer improvement in H
amilton Street from Portage Avenue to a point 50
;feet East of the east line of College Street under Improvement Resolution No.2458.
In the above named assessment roll, no remons trators appeared and no written
,,remonstrances were filed. The Board, being -fully advised in the premises, finds that the
several lot s and. parcels of land have been benefited in the amounts shown on said roll.
Therefore, the Board decides to take final action on said roll and declares same in all
• ,;things ratified, confirmed and approved without modification and the proceedings closed.
;,;The Board now W-ders said assessment roll delivered to the Department of Finance.
The Board approved the follarving bond filed by 0. M. Ray,, in connection with
This Garbage Contract:
KNOW ALL MEN BY THESE PRE SENTS . Tha t Orvill M. Ray of the C ount y of St.
L�tate of Indima,, hereinafter called the principal, and Maryland C sualty Com-
Joseph,
Ra;fty of Baltimore, a corporation organized and existing under the laws of the State of
aryland , hereinafter called the surety, are held. and firmly bound unto the City of
I'South Band, Indiana, hereinafter called the obligee in the full and just sum of Ten
�Thousand i1ollars lawful money of the United States to the payment of which sum well and
i'trVly ito be made the principal and surety hereby bind themselves, their heirs, executotc
administrators, successors and assigns jointly and severally by these presents.
The condition of the above obligation is such that whereas the said Orville
117. Ray ha s be en g ran to d a c ont ra ct by t he Ci ty of iii outh Bend , Indi ma , for the removal
'
!of ga
rbage arbage for said city, and this bond i s to secure the said City of South hend,, Indiana
for the period from December 31st. , 1931 up to an including December 31st. , 1932, for
J
i
t be faithful performance of the requirements of said. contract.
NOT, TFIIEFaRE, the condition of the above obligation is such that if the
,principal shall during the period of this suretyship faithfijlly perform said contract
�a.cccrding to the tems, covenants, and conditions thereof, thence this obligation shall
i
11be void otherwise in fljll force end effect, subject to the follouing express conditions,
!1the -PEmformance of each of which etall be a condition precedent to recovery hereunder;
(1) That the obligee shall keep, do and perform each and every, all and.
324 Tuesday, January l9t h. , 1932. -
singularly, the matters and things set forth and specified in said contract to be I _7
kept, done anal performed at the times and in the manner provided in said contract;
(2) That if the principal shall during the period of this suretyship abandon satfld
contract or for any cause cease operation thereunder for the performance thereof, or
shall be declares in default under the terms of said contract, the Surety shall have
the right at its option to carry on the contract during the period of this bond or to
sublet the carrying on there� f during such period are d if the Surety elect to carry on
or sublet the carrying on of said contrast,all moneys, due or to become due under
said contract, during the period. of said bond shall, as the same?;become due and pay-
able under the terms of said contract,, be
merit pr transfer thereof b the paid to the surety, regardless of any assign
y principal, and the surety shall be entitled to said •
money or payments which have accrued or may accrue during the period of said bond in
preference to any assignee or any other adverse claimant thereof; but if the obligee
carry on or relet the carrying on of this contract during the period of this bond
after the Surety has elected to not carry on or sublet the earring on during the
period of this bond , all funds which wou d have been payable to the principal if the
principal had duly performed. said contract, shall be credited upon any claim against
the surety and no forfeiture provided, in said contract against said principal shall
be operative against said the surety.
(3) That the obligee shall notify the surety by fe legram or registered letter
addressed and sent to it at its head Office at Baltimore, of any breach of said
contract within a reasonable time and in any event not later than thirty (30) days
after such breach shall have come to the knowledge of the obligee, their agents or •
representatives;
(4) That no claim, suit , or action by reason or any alleged default in the per-
formance II
of said contract or any alleged breach thereof shall be brought againstthe II
principal or surety after ninety days after the expiration of this bond, to wit,
ecembe r 31st. , 1932 , not shall recovery be had for damages accruing after the date
of said expiration) that service of writ or process commencing any such suit or act ionil
shall be rude on or before ninety days after the e-xpiration cf said bond; that prin-
cipal shall be made a party to any suit or action and be served with process commenc-
ing the same if the principal cam with reasonable diligence be found; that no judge-
ment shall be rendered against the surety in excess of the penalty off this instrument
or for any amount other than the pecuniary damage actually sustained by the obligee; •
(5) That the surety shall not be liable fbr any damages resulting from strikes
i
or labor difficulties or from mobs, riots, civil commotion, fire, the elemts or
acts of God, or for property damage, b= any szeh causes; nor for damages from injury
ii
to persons or for the death of anyone; nor by virtue of any statutory provision
for damages or compensation for injury to or for the death of any employee;
(6) That no right of action shall accrue on or by reason hereof to or for the use
of benefit of anyone other than the obligee herein named;
(7) That this obligation is andshall be construed as one of suretyship only, •
shall be executed by the principal before delivery, and shall not nor shall any interest
herein or right of action hereon be assured without prior consent in writinof the I Surety. g
This bond shall become effective as of the date of said contract hereinbefore
referred to, and shall terminate as of l.idnight December 31s t. , 1932. This bond may
be renewed for the succeeding years or year set out in said contract between the
principal and obligee hereinbefore referred to -upon mutual agreement between the
principal, surety and obligee. In the event of renewal, such renewal shall not be
construed as an additional obligation bur merely as a continuation of the original
bond.
WITNESS our hands and seals this llt h. , day of January, 1932. •
0. M . Pa
A� RYLAND CASUALTY COTtIPANY OF BALTIMORE
BY R. P. PROCTOR, Vice -President.
Attest: Cecil I. Oullom, Asst. Secy.
approved by Board of Public "orks
M. E. D oran ,
John X. Smogor
Ralph h. Kuss
This being the date set, continued hearing was had on Condemnation Resolution
No.2435 for the opening of Calinfornia Avenue from east line of Uhicapo, Indiana ana
Southern Rai lr cad right of way t o Wilber Street.
In -tl;e above named resolution, the Board decides to continue searing until Ij
Tue s da y, l y 17 th . ] 1932.
0
Tuesday,
January 19th. ,
1932.
5
The
Board approved
clei#s for
various departments in the amount of $1,288.26.
Meeting adjourned at 12 o'clock noon.
.AttOsted
Z/nz W. ���
,Clerk of the Board
! TUESDAY, JANUARY 26th . , 1932.
Board met in regular session at 10:00 A. M. All members present. Ylinutes of meet-
ing held Tuesday, January 19th. , 1932, read and approved.
The Bon rd approved the renew al cer ti fi ca to for the excavation bond in favor of
LaFor tune & Shoemaker in the amount of 1,000.00 signed by Maryland Casualty Company.
•
j The
Board approved the renewal certificate for the excavation bond in favor of
Charles R. Doran, in the amount of $1,000.00 signed by llaryland Cgsualty Company.
The Board.approved the renewal certificate of the excavation bond in favor of
Bistler Plumbing & Heating Co., of I�=ishawakp, Indiana, in the amount of 91,000.00 signed
by Aetna Casualty and Surety Company.
City Engineer, H. G. Wray, filed the final estimate for the Iowa Street Sewer
from `Washington Street to alley north of Western *Avenue under Improvement Resolution
K1o.2457. The Board. signed and approved same in the amount of '01,534.46.
City Engineer, E. G. Wray, f iled the primary assessment roll for the local sewer
•
improvement in Iowa- Street from Washington Street to alley north of Western Avenue under
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Imp rove me.3t Resolution No.2457;
I
In the above named assessment toll, the Board, hereby, orders that on the 9th. ,
day cf February, 1932, this Board will meet in their office in the City Hall at 10:00
A. M., to hear and receive remonstrances from all xersons whose property has been assesE
ed for said improvement and will decide whether the several lots and parcels of land.
have been or will be benefited- in the amounts show n on said roll or in a greater or
! less sum than that shown on said roll. The Board further odea°s that notices of said
hearing shall be published in the South Bend I114ews Times and 'tribune on the 29th.,
day of January, on the 30th . , day of January, and on the 5th . , day of February, 1932
•
) and_ that not is es be nr sled t o property ow4ers according to law.
This being the date set$ hearing was hnd on the assessmnt roll showing the awards
of damages and assessments of benefits in the matter of the vacation of the alley east
of St. Peter street from Almond Court to South Bern Avenue under Vacation Resolution
No.2422.
In the above named assessment roll, tio:remonstrators appeared and no written
remonstrances were filed and the Board, being fully advised in the premises, decides
that the several lots and pe reels of land have been benefited and daneged in the amount:
shown on said roll. The Board, therefore, decides to take final action on said assess-
ment roll and declares same in all things ratified, oonfirmed and approved without modi-
fication and the alley vacated and all proceedings had with reference to said alley va-
cation are hereby sustained and the proceedings closed.
The resignations of B. J. Engeldrum, --treet Commissioner, I. Ill. Goss, Deputy
Street Commissioner, and rlike Gorbitz of the Street lle-oartment, were accepted by the
I,
Board, same to be effective as of February 1st. , 1932.
rThe
Board, hereby, appoints Guy D. Staples, as Street Commissioner t€y'Succeed
B. J. Engeldrum., and C-asirrer Bolka to succeed Bike Gorbitz of the Street Departmsnt �
i
said appointments to be effective as of February lst. , 1932.
it
The Board signed the contract fc�r the purchase of electric light bulbs for
depa.rtnents in the City. The least $600.00
;all
contract covers the purchase of at
i1wort1h
of bulbs, same to be billed to the City through the 11cCgffery Company.,