HomeMy WebLinkAbout03/08/1932 Board of Public Works Minutes32
Tuesday, March 8th. , 1932.
Board rret in regular session at 10:00 A. 11. All members present.
I,"inut es of ire eti ng held Tuesday, March is t. , 1932, read and approved.
The Board approved the renewal certificate of the South Side Plumbing
and Heating Company cf TJfishawaka, signed by the Aet.1.a Casualty and Suety Company.
The Board approved the renewal certificate of the excavation bond of
Samuel Slutskv," signed by the Ohio Qw8ualty Insurance Company.
Upon the recommendation of Vim. F. Quells, the Board approved the j •
petition of the Indiana Bell Telephone Company for certain underttmund and aerial i
construction work in Sample Street, east of hichipan Street, and in Mishawaka Avenue,
east of Eddy Street, as outlined in their petition dated December 15th., 1931. T=Tr.
Qual is * re commendat ion is as f oll cap s :
I� March Oth . , 1932.
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To The Honorable Board of Public Works,
Ge nt le men
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I have personally inspected all th-e locations shown on attached blue
prints, referring to proposed work to be done by the Indiana Bell Telephone Company.
Blue print No.l," proposes to install underground conduit on the north
s id,e of Mishawaka Avenue from the alley east of Eddy Street to the alley West of
Emerson Street. The north side of 1,is'.awaim Avenue is not paved, is. the reason for
placing this conduit there. However, it will be recessary to break the existing pave-
ment on hlishawa1m at both erd s of this construction to carry the conduits from the ,
existing Prnhole near Eddy Street on the south side of Mishawake. Avenue to the north
side and again tt the alley west of Emerson Street to carry the conduits back to the
south sib e cf.' Tv ishawaka Avenue and into the alley south of Mishawaka Avenue. The
locations where the pavement will be broken are indicated in red.
Blue print N0.2, shows the location of rra. nholes and details of
construction on Mishawaka Avenue.
Blue Print No.3, calls for the installation of` underground cable in
existing conduit on Sample Street from Michigan Street to Linc^ln Way East and the
removal of aerial cable and pole. line construction on the north side of Sample Street.
This is being proposed in anticipation of the widening of Sample Street.
Blue print No.4, indicates changes to be made in existing underground
cable on West Monroe Street.
Blue print No,5 , shows proposed aerial cable construction and poles
to be set in the alley south of Mishawaka Avenue to tie in Stith the proposed under-
ground construction shown on Blue -print No.l, and the .removal of present 'aerial con-
struction from Reis hawak2 Avenue.
Blue print No.6, shows splicing details and dispostiion of present
pole, line construction on 1,11ishawaka: Avenue.
Blue Print TNo.7, shows short sections of aerial cable and poles to i
be installed on private right of way between Sample Street and Tutt Street,and. on
Carroll Street between Sample- Street and Tutt_Street, to feet service in the section �
between Michigan Street and Carroll Street after the underground cable is installed
on Sample Street acid the present aerial construction is removed. i •
As all of the work be re proposed is f or the ult imp to good of the
service to bur citizens and advantage to the City in making improvements now under
cons i_derttinn., by clearing existing aerial c onstr :c tion from streets to be widened and.
improved, I recommend that lmrmission be granted to the Indiana Bell Telephone Company
to proceed -pith the work as outlined.
Respectfully submitted,
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+m. F. Qualls, Supt. electrical Departrmnt.
The following letter was received from the New York Central Railroad
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Company in connection with the . extension of track elevation at Western Avenue and
Walnut Street and ordered placed on file:
h1preh 3rd. , 1932.
Board of Public Works
Mr. 11- Edward Doran, 'resident,
South Bend, Indiana.
Gent le teen :
At our last conference at South Bend , I advised your Committee, on Is
behalf of the New York Central, that it would be impossible for this Company to go
ahead at this time with the extension of the proposed. grade separation involving the
New York Central at South Bend. At our conference I stanted to you that on account
Tuesday, March 8th., 1932.
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of the general business depression, affecting most severely practically every line of
industry, and particularly the railroads of this country, inc lud ing the New York
Central, the New York Central could not on March 1st., as requested by the City, start
the work of the grade separation and pay its share under the a gre ement existing be-
tween the City and the New York Central. I also stated at our conference that I
could not state when the improvement could be started, as it depended upon financial
conditions, and. the extent of this depression.
It was suffested. by you and. your Board that I main take up the matter and
see if there was not some possible way that the New York Central could'borrow the
j money by ,the sale of bond s to the ,public or the borrowing of the money from the Re-
construction .Finance Corporation in order that this grade separation could be financed.
Since our conf erence, I have gone into these questions and must report that the New
j Yor k Central cannot finance and go ahead with this improve munt .
t our conference, I drew to the attention of your Board that the New York
IlCentral did not desire to repudiate its agreemnt entered into with the City for the
construct ion of this improvement, but it asked that it be given an extension ofone
year from. March is t. , fbr the fulfilling of the a pxeeme nt bn it's part, this extensioni
bein.g based upon the premise that within the year conditions ;Frill so change that the,
New York Central vd ll be able to go ahead with this project.
I understand the position ti on taken by p ,your Board at our conference was that
iunder no circumstances could the extension be granted to the New York Central. I
;might add, what I stated at our meeting, that I think this position taken by the City,
!is "most unfair, drawing to ycur attention that our Company ras spent in the past few"
years an amount of over 6,000,000.00 in the separation of grades through South Bend.,
lbuilt"a modern passenger depot, freight house and team tracks, which improvements so
Icons true t:bdl"_re present an inve s tron t by the New York Central in your city of a sum
greatly in excess of any otl-er similiar community along its railroad.
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I might say that we have had to have a continuance of a great many
(grade separations along our railroad, including smme important ones in the State of
Indiana, where conditions are no different than they aze at South Bendq and that all
• ,of "the public authorities, with the exception of your City, have appreciated the
(serious business depression and its affect upon the New York Central and have co
operated in a most friendly way with our Company in postponing the improvements until
cond itions improve.
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In closing, I desire to say that the Neer York Central regrets that it
is not able to go ahead with the improvE ent at this time, and that in asking for the
extension requested, it hopes business and financial conditions will improve so that
favorable consideration can be given to proceeding: with the work,
I do not believe the extension we ask f or is an unreaso#able request or
that it will inconvenience the City to any extent, taking into consideration the large
• mount of money involved. in completing the improvement both on behalf of the City and
10f the hai lr oa d. ,
Yours very truly,
TV. F. S chaff, Gene ra 1 r=anager.
The following egzmement with reference to the leased
hunieipa 1 The
Lot was ordered ground for the
placed on f i1e and attached th the original
. lease of sai d parking ground:
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This agreenent entered into this day of February, 1932, by and be-
�Itween Union Trust Company of_South Bend, Indiana, party of the first prt, and Joe
Scheininger of South Bend, Indiana, party of the Second part,
it
j TI THE S SETH :
That whereas the said second party is the owner of the follming described
;!real estate in St. Joseph County, Indian?, to -wit
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ii
Lots Lumbered Four (4) , Five (5) , and Six (6) in the Origin 1 Plat of
. the Town of Lowell, now a part of the City of South Bend, excepting
therefrom a lot or parcel of land. Sixteen (16) rods in 1 ength taken off
of the entire width of the East end of said lots; also Lots Numbered
Two (2), Three (3), and Four (4) as shown on the Recorded Plat of Esther
j H. tiller's Subdivision of a part of Lots Four (4), Five (5), and Six (6),
in the Original Plat of the Town of Lowell, now a part of the City of
South Bend, Indiana.
and
whereas said second party borrowed from said first party the sum of
Forty Thousand (40,000.00) Dollars, and to secure said Obligation gave to said first
party a.mort .p_e upon said above described real estate, which said mortgage was
dated 11,nrch 24th., 1927, and is recorded in Mortgage Record 190 at pages 257 and
258 of the records of St. Joseph County, Indiana , and
Whereas said mortgage indebtedness is now past due , and
334 Tuesday, Mqrch Sth., 1932.
Whereas said second. party, under date of June lr/th., 1-930, leased said
above described real estate to the 111undcipal City of South Bend, Indiana, and the
same is being used by them for a municipal parking lot, and
Whereas said second party desires to have the moneys received. from said
TaTunicipe.1 City for such lease applied to the payment of the interest and principal
of the mortgage above described,
Now therefore, this agreement as follows:
That said second party does hereby transfer and assign to the Union
Trust Company of South Bend., Indiana, said lease and all rayment s thereundBr and
hereby directs the 1,'unicipal City of South bend to make all payments dire --et to the
said Union Trust Company of South -bend with the uiaderstanding that all -rental that
might accrue from and after January lst. , 1932, shall be collected by said first
party and -by it applied to the interest and principal of the above mortgage
indebt-
edness. In considerstion of such transfer of said lease, the said first party does
hereby agree that it will not enforce the payment of said mortgage debt so long as
there shall be due and collectible rents from said lease with the I'lunicipal City
of South Bend, Indiana. Said first party further agrees that it will immediately
re -transfer said lease to said second party when he shall have paid the above mort-
geF,e iijdebted.ness. First party further agrees to pay the taxes on said property
from the proceeds of the rental of said property.
In witness whereof, the parties hereto halve hereunto set their hands
,and seals the day and year first above written.
Union Trust Company of South Bend
By H. J. Robertson, Secretary.
Warty of the First Part.
Joe Scheininger
Party of the Second -Part.
The bo,-:rd approved claims for various departments in the amount of
a661.21.
The i3oard approved -ppy roll claims for various departments in the amount
of !_�3,150.10.
Yeetinp adjourned at 12 O'clock noon.
Attested:
(ni�
of t he Boa rd
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