HomeMy WebLinkAbout10/11/1932 Board of Public Works Minutesej " 7
Tuesday, October 4th . , 1932
Board met in regular session. at 10:00 A. M. All members present. Minutes of
meeting- held. Tuesday, September,2 7th. , 1932,' read. and. approved.
The Board. approved the installation of s street light at the corner of Wakewa
Avenue and Lafayette Boulevard and hereby orders Vim. F. QMlls, Superintendent, to
have same installed at once.
The Board approved claims for various departments in the sum of $416.05 aid
Thereby orders City Controller to pay same.
Ii The matter of the repairing of Western Avenue between the railroad tracks
'was d iscussed with Street '-�ommissi oner Guy D. Sta ple s and City Engineer, - H. G. gray.
'The Board decides to give it careful consideration and will advise ter. Staples their
:,decision at an early date. The Board requested: City Engineer, H. G. Wray, to submit
schedules showing the costs of the various methods of improving this street.
I! This heing the date set, continued hear ing was on 'condemnation Resolution No.243
' for the opeing of California Avenue from east line.of Chica.Fo, Indiana and Southern. R. R
right of way to Wilber Street.
In the above named resolution, the Boerd decides to continue hearing until
!Tuesday, Felru3ry 14th. , 19339 at 10 A. 11.
Meeting adjourned at 12 o'clock noon. .
Attested:
Clerk
Tue sLm , O s.to be r 11 th . , 19 32.
• Board met in regular session a-t 10:00 A. L_. All members present. 1dinutes of
'meeting held Tuesday, October 4th. , 1932, read and appr oved.
The Board approved the petition for the installation of a street light at the
!south end of Eldora Court just north of the Railroad. Clerk of the Board instructed to
;have Wm. F. Qualls, Superintendent, order this installation at once.
1-51r. George Hull and Mr. Stephen Grzeskowiak, members of the Committee on
Grieviences, appeared before the Board and presented the following petition which
was filed at the meeting of the Common Council on October loth., 1932, and referred
'to the above Committee:
!Ptate of Indiana)
) SS Before the City Council of the City of
St. Joseph County) South Bend
!In the ma tt er of )
7o4unicipal Parking ) Petition of tax payers to discontinue free parking..
We. the undersigned, citizens, residents and taxpayers oaf the City of South
Bend, St. Joseph County, Indiana, respectfully petation your honorable body that in the
operation of the municipal parking lot in the city of South Bend, Indiana, there is
being paid end disbursed, without warrant of law, out of the city treasury, and out
of your petitioners' money, collected from you petitioners as such taxpayers, large
sums to defray the cost of expense, leasehold and operating charges of the municipal
rking lot at LaSalle Street bridge, without any return to the city to defray the sane. I�I
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Your p et it i one rs respectfully represent that so long as the income from said
rking lot equalled or exceeded the rental charge"s and operating expenses, your petition=
111198
Tuesday, October filth., 1932
ere would i6ot have valid ground for complaint against the city of South Bend maintain-
ing said parking lot, but that since no fees whatsoever are charged for the use of
said lot, and the city is actually disbursing from its treasury salaries, upkeep and
rentals that are not returned to taxpayers, the said city and the officers responsible
therefor are in effect using money. of the taxpayers to deprive other taxpayers (parking I
lot owners and lessees) of incom ,upon their property by reason of the fact that the
city of South Bend is rendering free service and using. the money of the very taxp avers
against whom said city has enetered into competition to pay for parking privileges of
others who wouldnormally use the services of such parking lot owners and lessees.
Your petitioners would respectfully represent that in their opinion
d on opinion of council the city of South Bend, is without authority whatsoever
to enter into any parking lot contract or lease because as declared by the •
Appe lla to court of Ind iana , and the Supr ene Court of Indiana: i
"A Municipal corporation of Indiana possesses only such
powers ar are expressly #ranted to it by the Legislature
and those powers which are necessarily or faitty implied
or incidental to the pourers expressly granted, and those
powers that are essential to the declares objects and.
purposes of the municipality; and all persons dealing with
municipal corporations are charged with notice �' such j
limited powers with knowledge that no right can be acquired
by them Tbabed-upon any act of the municipal authority where
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there is want of power to so act"
G
City of South Bend vs Chicago, South Bend and Northern Indiana
lRy. Co. 179 Ind. 455.
Scott et al vs City of LaPorte et al. 162 Ind.34
Bartles vis City of Garrett, 89 Ind. App. 349.
City of Indianapolis vs Link Realty L'o. 179 ITE574
We respectfully request, therefore, that the City council do and
take one of two steps; notify the owners of said ground from which the city has under-
taken to lease the same that the lease is void and candelled; or, that this council
do requdre such regulations and charges to be made affecting the said use of sai d
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parking lot to the end that the income therefrom will at least equal or exceed the
expense of operation including the payment of rentals under any lease or contract the
said City of South Bend, Indiana,, has and eF taken to make with others.
signed by Holycro ss & Nye, Central P�, rk ing Place, James A. Judie
Central Garage, The Big Lot, Lopp Service,
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South Bid P§rking Lot Co. A. k'. Allen, J. ioffman
J. h% Miller, H. G. Schricker, Ireland. Garage,
E. A. Ireland.
The Board asked the two councilmen present to obtain the sentiments I
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of the other membe-_rs of the Council. 1 r. Hull reported that he had personally talked
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over the phone with all of the members of the Council except Ivr. John Hiss, who is out
of the City, and these members were favorable to having the Board of Works comply with
the petition presented to the Council. It was therefore, by unanimous vote, decided J' •
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that beginning- Thursday, October 13th. , 1932, a fee of .100- be charged for all cars
using said Municipal Parking Lot. Clerk instructed to advise Street Commissioner Guy
D. Staples, so that the signs at the parking lot may be changed.
Tuesday, October llth. , 1932.
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City Engineer, H. G. ;Vray, submitted the following estimates for the repairing
of the center strip occupied by the Grand 'Trunk Western Railroad Company's tracks on
Western Avenue:
ENGINEERS ESTIVATE.
PAVEMENT OF GRAND TRUNK AREA ON IfiESTE RN A7ENUE
STREET TO ff ST LINE OF LAUREL STREET.
12" Bank Run Gravel and Oil
- FROM EAST LINE OF MICHIGAN
1452
cu yds
gravel 0
1.00 per cu yd..........a................0....
1,452.00
1815
gals.
oil a
.04n per gala .................................
81.68
1452
cu yds
gravel @
.05 cu yd - spreading - .......................
72.60
12
cu .yds
sand a
.75 per cu yd - filler- .......................
9.00
3
days 0.
.25.00 per
day - roller -
- 75.00
Total .................
19-690.28
12" Washed Gravel and Oil
1452
cu yds
gravel 1
1.25
per cu yd .............................
11815.00
! 1815
gals.
oil a
.042
per pal .......
. .....................
81.68
',1452
cu yds
gravel 0
.05
per cu yd -
spreading- ................
72.60
12
cu yds
sand a
.75
per cu yd. -
filler - ................
9.00
3
days
25.00 per
day -
roller -
................
75.00
Total ................
2,053.28
9`t Crushed Stone Base with
3" Asp. To-p
'1090
cu yds
crushed
stone
rya 2.65 per
cu yd ....................
2.888.50
1090
cu yds
crushed
stone
C .`65 per
cu yd -spreading- ........
54.50
3
days 00
25.00 per.
day
- roller -
75.00
13630
sq. yds
sheet asp
0 1.00 per sq
yd .....................
3, 630.00
Total
.....................
61648.00
800 cu yds
3630 sq yds
8" Concrete Base with 3" asp. Ton
concrete 0 3.48 per cu yd.
sheet asphalt 0 .00 per sq yd.
Total
29784.00
3,630.00
61414.00
8" Premixed Concrete Base with 1 " Cold IV1ix Top
800 cu yds concre to be se Q 3.48 per cu yd 22784.00
200 tons cold mix in place 0 8.00 per ton 11600.00
Tota 1 43,380.00
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Mr. J. VI . L'eInerny, attorney far the Chicago, South Shore and South Bend
Railway Company, was present and presented the following Preliminary Resolution, which
was unanimously adopted by the Board:
PR ELITCINA RY RE S OLUTIO N
RESCLUTION OF 'ITIE BOARD OF PUBLIC r:ORKS OF THE CITY OF
SOUTH BEND, INIPIANA, FIXING TH" FCF111 OF CONTRACT WITH
CHICAGO, SOUTH STORE. AM SOUTH BEND RAILROAD, giving
SAID RAILROAD T!11 RIGHT TO LOCATE, CONS`TRUCT, MAINTASN
AND OPERATE ITS RAILROAD TRACK OWER AND ACROSS CERTAIN
STREETS, ALLEYS, ROADS AND HIGH , AYS OF TIE CITY OF
SO UT H a ND , INDIAN A.
-00000-
Whereas, the Board of Public Works of the City of South Bend, in St. Joseph
County, Indiana, desires to enter into a contract giving the right to Chicago, South
Shore and South Bend Railroad, its successors and assigns, to locate, construct,
maintain and operate its railroad track over and across certain public streets,
alleys , roads and highways in said City, and. said Bo prd of Public Works having
det-e--mined the exact form in which said contract is to be finally adopted, which form
is in words and figures as follows, to -wit:
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0 Tuesday, October llth. , 1932.
This agreement, dated this day of 19321 made and
entered into by and between the City of South Bend, Indiana, acting by and through
its board. of Public Works, Party of the First Part, herein som t imes called the
"City", and Chicago, South Shore and South Bend Railroad, a corporation created and
organized. under the lags of ithe State of Indiana, Party of the Second. Part, .herein
sometimes called the "Railroad," Witne sseth :
Section 1. That consent is hereby given by the City to the Rail-
road to locate, construct, maintain and operate its railroad track, including poles,
supports, span wires, trolley wires, transmission and feed wires, telephone and tel-
egraph wires, guys, braces, fixtures, appliances and appurtenances used in the oper-
ation of its railroad, over, upon and across Orange Street, the first alley east of
Meade Str=yet, Fremont Street, the first alley east cf Fremont Street and all other
public streets and alleys, roads and highways not specifically named, but which are
intersected by the proposed route, the c enteal line of which is aplm oximatel.y as
fo lbws
Beginning at a point on the center line of OranStreet just
east from the northeasterly line of Washington Street, as now 1
located; thence eas twardly by a curve to the right, having a
radius of two hundred (200) feet, a distance of approximately
one hundred seventy (170) feet crossing tr-R south half of
Orange Street the northeast corner of Lot Numbered Forty-seven
(47) of West end Sub -division, the alley mst of Fremont street
and on to Lot Numbered Forty-eight (48) in above mentioned sub-
division; thence continuing east wardly from a point on Lot Numbered
Forty-ei ,ht (48) by a curve to the left, having a radius of Two
Hundred 200) feet, a d istence of approximately Eighty (80) feet
to a point in Lot Numbered Forty-nine (49) on a line parallel to.
and seven (7) feet and no (0) inches northwardly from the north-
erly line of Washington Street; thence continuing eastwardly
along a line parallel with and seven (7) feet no (0) inches
northwardly from the northerly line of -'ashin ,ton btreet across
the southerly :pmrtion of Lots lumbered Fifty F50) end Fifty -One
(51) in said Sub -division; thence across Fremont Street on to
land lying be-t-,.Teen Fremont Street and the alley east thereof to
the al ley e as t of Fremont Street ; the nc e a cro ss the a 11 ey east
of Fremont Street to land lying east of the alley east of Fremont
Street, hating a total ten#th of approximately seven hundred
twenty (720) feet,
and to carry pe ssengers, freight, merchandise, baggage, express and the United States
mail on anal a long said street railroad, interurban street railroad. and suburban street
railroad line.
Section'2. That said track shall be constructed across said streets,
a lleys, rands and highways as not to interfere with the free use cf the streets, alley,
roads and higrways .intersected and in such manner as to afford security for life and
property and the Railroad shall restore said streets, alleys, roads and highways to
their former state, or in a sufficient manner not to unnecessarily impair their use-
fulne ss .
Section 3. That for and in consideration of the premises end of the
agreement on the part of said second party to carefully construct said railroad
track across said thoroughfare and to make the approaches thereto as well as the cross
ing in good and proper condition for using by the public and at all times to keep and
maintain said crossing in good and safe condition for public travel, the said first
party does, hereby, grant unto said second prrty, the right to construct and m dntain
said railroad track;
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Tue s day , 0 c to be r 11t h . , 1932 s
Section 4. That the trolley wires shall be suspended at a height of not less
than eighteen and one-half feet above the rails of said track. The said trolley wires
shall be suspended from span wires, cross arms cr supports attached to substantial
wood, iron or steel poles or similar structures at le nst as substantial and safe.
Poles and. supports for said. wires, when located in the street, shall be placed adjacent
to the curb line of the s tree tp Consent and permission is also given to the Rg ilroa d
to connect its said wires with its power houses, stations, sub -stations, transmission
lines end sources of electric supply.
Section 5. The Railroad may make all necessary openings in said streets,
alleys, roads and hip1rays fbr the purposes aforesaid and when making such openings
and constructing or repairing its said track on and across said streets, alleys, roads,
and highways, it shall by signal and otherwise do all things necessary to protect
the public from injury, and
to prevent any
injury to persons or to property, and
shall
save and hold harmless said
City from all
damages, costs and. expenses which said
City
shall be compelled to pay as the result of
any default, carelessness or ne;lect
of
the Railroad in the construction, maintenance and operation of its said track on and
across said streets, as. hereby authorized and permitted, provided, however, that
said City shall promptly notify the railroad of any suit bsnught against said City.
Section 6. This agreement shall constitute an indeterminate permit under
and pursuant to tre terms and provisions of the Public Service commission Law of the
State of Indiana, and in the event of the repeal of said law this agreement shall
extend for and during the term of twenty-five (25) years from and after the date that
'the repeal- thereof becomes effective.
Section 7. This agreement and a�j of its terms and provisions shall be
binding on and inure to the benefit of the parties hereto and their successors and
assignsrespectively, and shall be in full force and. effect from and after the date
of its being approved by ordinance duly adopted by the Common Council of said, City
of South Eend.
In witness whereof, the perties hereto have hereunto set their hands and
seals the day and. year first above written.
City of S out h Bend
By
iAttest: Its Board of Public Works
Its Clerk
• Chicago, South Shore end South Lend R. R.
By
Attest: Its Vice -President
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is Secretary
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402 Tuesday, October llth. 1932.
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Now therefore, be it resolved that pursuant to the statues of 11
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Ind Tana in such case made and provided s a id Bo ard of Public c Works doe s now f ix the
time et which said contract shall be 'finally considered as the 1st., day of November
1932.at .. the hour of 10:00 O'clock A. MI. , at the office and meeting place of said
Boa rd of, Public lvl'ork.s in the City Hall in said City of South -Dend, at which time and
place a, public hearing ng shallbe had and my taxpayer in said. City may appear and file
•protest
a gai I nstany and all of the provisions of sa--Id contract.
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Be it further. resolved, that Chicago, SouthShoreand South Bend
Railroad shall, at it.s own expense, cause the fUll and conplete text of seid contract
to, be published a,s required bylaw wit1h. notice of the time and place of said hearing
in gouth Bend. Tribune and South Bend News -Times, being two daily newspapers of
general circulation, printed in the English language, in said St. Jo sEp h County,
Indiana. Said Chicago, bouth Shore and South Bend Railroad shall likewise post
copies of said contract and notice of the time and place of said hearing in ten public
plr-,Ces in said City of South -Bend.
-oproved.this llth., day of October, 1932.
George A. Schock
E. Doran
Ralph H. Kuss
Board of Public 7iorks of the City of South Lend
Attest,
Hazel A. Turner, Clerk.
The Board approved pay roll claims in the sum of U7,785.49 and here-
by o rd ers City Uontroller to pay same.
This being the date set for sealed proposals for the grading of
the alley west of Franklin Street from Calvert Street to Donald Street under Improve-
ment Resolution lmfol2474, no proposals were filed with -this Board for said improvement.
The Board signed the contra et for the purchase of a Burroughs
Adding MachineCompany book keepdiig machine for use in the Barrett Law. division of
the county Treasurers Off -ice in the sum of $
$300.00 is to be paid May 1st. 1933 and th19465.00. According �b said contract,
e balence of $1,165.00 is to be paid May
1934, with interest at the rate of 6%. baid contract signed by F. A. Higgins cf the
Burroughs Adding 11'achine Company and the Board of Public Works of the City of South
Bend.
Meeting adjourned at 12:00 O'clock noon.
Attest:
ClArk cf the Boa.rd