HomeMy WebLinkAbout11/01/1932 Board of Public Works Minutes406 Tr1d.ay, October 28th . , 1932,
Board met in spe ci al session at 10:00 A. M. All members present.
This being the date set, bid: s were re cei ved, opened and read f'or the
concrete base to be placed in Western Avenue after removal of Grand `gunk Western
Railroad Companys track between the East Nnoperty line of Michigan Street and a point
west cf Laurel Street. Bids are as f oll: Duffs :
E. T. Tranberg Carmine Puca C. A. Jorda n Co. Reit h Riley Co.
cue yd. 5.40 4.10 sq yd. 5.22 4.95
Hoban & Roach Albert Const . Co. Williston C ons t. Co.
cu. yd. 5.65 5.40 - 4.56
Bids having been received for the concrete base to be placed in Western
Avenue after removal of Grand Trunk Western Railroad Company's track between the East
property line of Michigan Street and a point west of laurel Street, the Boards hereby,
awards the contract for said improvement to the Williston Construction Com-pany at their
bid of 4.56 a cubic yard.
Tlleeting adjourned at 11-30 A. M.
Att steel
C rk of the Board
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TUESDA Y, NOV T,=' R is t .� 1932.
Board mt in regular session at 10:30 A. Y Al1 members present. 1`inute
of meeting held. Tuesday, October 25th., end. Friday, October 28th., 1932, read and approv'
ed .
The Board granted the Junior Chamber of Commerce permission to hang a
banner across 1:-ichigan Street from Max Adler Buitdirig to LeRoy Jewelry Company Building
advertising an entertainment, the proceeds of which will be used for Charity. Sign
to be allowed for a period of _tree days,, and also to be hang according to the 'direction;
of the Building Department.
This being the date set", hearing was had on the preliminary
on
fixing the form of contract with the Chicago, South Shore and South Lend Ra ilroad,�giv-
ing said Railroad t-he right to locate, construct, rmintain and operate its Railroad
trPcks over and across certain Public Streets, alleys, roads and highways of the City
of South Bend, Indiana.
In the. abbve.,named preliminary resolution, no remonstrators appe ared
and no remonstrances were filed. At to rney J. W. .'cInerny appeared be f care the Board
and submitted proofs of publications and prodfs of posting of notices as provided by
law and same were found sufficient. Thereupon the Board, ry unanimous vote, adopts
the follcuing Confirmatory Resolution-:
CONFIR%,A.TORY RESOLLTION OF rM BOARD OF PUBLIC WORKS
AREAS, the Board of Public Forks of the City of South Bend, in St.
Joseph County, Ind iana,"a.t a meeting of said Board of Public Works, did d@:pJ' ine the
the exact form in which a franchise, grant and contract to and with the Chim gon South
Shore and South Bend Railroad was to be finally adopted and fixed the lst., day of
NoverAber, 1932, at the hour cf 10:00 0 clock A. r:i., at the regular meting place of
said Board of Public Works in the City Hall in said City, as the time and place at whichi
said franchise, grant and contre ct was to be finally considered by said Board of Public
Works; and
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Tuesday, November 1st. , 1932
71H=1,AS, proof of publication of the fta.11 and complete text of the pro-
posed franchise, grant and contract in the South Bend Nets Times ion the 14th. , day
of October, 1932, and on the 21st. , day of Octobet, 1932, imd in the South Bend Tribune
on the 14th*', day of October, 1932 and. on the 21st. , day cf October, 1932, being two.
d.amly newspapers of eeneral circulation printed iii the English language in said St.
Joseph County, Indiana, and proof of the posting of notice of the frill and complete
text of said proposed franchise, grant and contract in ten public places within the
City of. South -end on the 14th. , day of October, 1932, has been duly made., and all
Of terms €grid provisions of the statutes of the State of Indiana have been fully com-
plied. Trith; and
WIT,, F9, AS
I et this meeting of the Board of Public Works of the City of
South Bend, Indiana , held on the 1st. , day of November, 1932, commencing at the hour
I of 10 o'clock A. M., a_ public hearing was had on said franchise, grant and contract,
and no protest has been filed by any taxpayer of said City to the granting or making
of such franchise, grant and contract, it is now? on motion made and seconded?;
RESOLVED, the the Board of Public woorks of the City of South Bend, now
enter into, make and execute the said franchise,grant and. contract to and with the
Chicago, South Shore and.South Bed Railroad in the manner and form proposed by the
Board of Public 111,1orks at its meeting on the llth. , day of October, 1932, as it appears
in the re co rd of said meeting.
Adopted this 1st. , day of November, 1932.
George A. Schock
M. E..Doran
Ralph H. Kuss
ATTESTED: BOARD OF PUBLIC T0 RKS
Hazel A. Turner, Clerk.
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+� C O ITT T R h C T W I T H T H E C H I C A G O S O U T H S H O R E
A N D S OUTH BEND RA ILRO aD C OIPANY.
THIS ACREEP.TNT, dated this 1st. , day of November, 1932, 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 sometimes called the "City", and
Chicago, South shore and South Bend-Railrcad, a corporation created and organized
under the laws of the State of Indiana, Party of. the Second Part, herein sometimes
ba lle d the "Railroad", WITNE SSETH :
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Section 1. That consent is hereby given, by the City to the .Railroad
to loea to , construct, maintain and operate its railroad track, including poles, supports 1
span wires, trolley wires, tr^nsmission and feed wires, telephone and telegraph hires,
guys, braces, fixtures, appliances and appurtenances used in the operation of its
railroad , over, upon .and across Orange StreP,et , the first alley east of e ade Street, j
Fremont Street, the first alley east of Fremonst Street and all other public streets
and? alleys, roads and highways not specifically named, but which are intersected by �
the proposed route, the central line of which is approximately as follows:
Beginning- 2t a -point on the center, line of Orange Street just east j
from the northeasterly line of Washington Street, as now located;
thence eastwardly by a curve to the right, having a radius of two h j
hundred (200) feet, a. distance of approximately one hundred seventy
(170) feet crossing the south hald of Orange Street, the northeast corner
of Lot numbered Forty-seven (47) of `h-est End cub -division, the alley west
of Fremont Street and on to Lot Numbered Forty-eight in airove mentioned
sub -division s1• thence continuing eastwardly from a point on Lot numbered
Forty-eight t48) by a curve to the left, having a radius of Two Hundred
(200) feet, a distance of appt_t� roximetely Eighty (80) feet to a point
in Lot numbered Forty-nine (49) on a line parallel to and seven (7)
feet no (0) inches northwardly from the northerly line of Washington
Street; thence continuing eastwardly, along a line parallel with and seven
(7) feet no (0) inches nor thwerdly from the northerly line of W shington
Street across the southerly portion cE Lots Numbered Fifty (50) and Eifty-
one (51) in said Sub -division; thence across Fremont Street on to land
lying between Fremont Street and the alley east thereof to the alley I
• east of Fremont Street; thence across the alley eat of Fremont Street to
land lying east cf the alley east of Fremont Street, having a total length
of approximately seven hundred twenty feet (720) ,
'' and. to car z5 - assen freight, p gers , rght, mercrlandrse, baggage; expres and the United States
mail on and along said. street railroad, interbuban street railroad and suburban
:istreet railroad line. I
Section 2. That said track shall be so constructed across said streets, !
alleys, roads and highways as not to interfere with the free use of the streets,
". ;alleys, roads F nd highways intersected and in such manner as to afford security for I
'life and propOrty and the Railroad shall restore said streets, alleys, roads and high-
,grays to their former state, or in a sufficient manner not to unnecessarily impair
the it usefulness.
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Section 3. That for and in consideration of the premises and of the
4es Tuesday, November ist. , 1932.
agreement on the part of said second. party to carefully eonst7u.ct said railroad track
across said thoroughfare and to make the approaches thereto as well as the crossing 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 f irst party does
hereby grant unto said second party, the right to construct and maintain said railroad
track.
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 spay wires, cross arms or supports attached to sub-
stantial wood, iron or steel poles or simildr structures aT least as substantial and
safe. Poles andsupports for said wires, when located in the street, shall be placed
ed jacent to the curb line of t", e s treet. Co .sent and permission is also given to the
Railroad to connect its said wires witt-, its power hol,.ses, stations, sub -stations,
transmission lines and sources of electric supply.
Section 5. The Railroad may make all necessary openings in saidstreets,
alleys, roads and highways f cr 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 stall by signal and. otherwise do all things necessary to pro-
tect 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
neglect of the Railroad in the c--;nstruction, maintenance and operation of its said
track on and across said streets, as hereby authorized and per4itted, provided, however
that said City shall promptly notify the Railroad of any suit brought against said
city.
Section 6. This agreement shall constitute an indeterminate permit under
and pursuant to the 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 there of becomes effective.
Section 7. This agreement and all of tts terms and provisions shall be
binding on and inure to the benefit of the parties hereto and their successors and
assigns respectfully, and shall be in full force and effect from and after the date
of its being approved. by ordinance duly adopted by the Common Countil of said City
of South Band, Indiana.
In witness whereof, the parties hereto have hereunto set their hands and
seals the day and 7,ear f irst above written.
CITY OF SO Ui H BAND.
By George A. Schock
i.°. E. Doran
Ralph H. Kuss
Its Bo-rd of Public 71orks
Attest:
Hazel A. Turner, It's Clerk.
CHICAGO 'SOUTH SHORE AND SOUTH IEND RAILROAD
By W. A. Sauer,
It's Ji ce -Pre s is e nt
Attest:
B. R. Nightingale,
Its Asst. Secretary.
City Engineer, IT. G. Wray, submitted the Final Estimate for the construction
of the local sewer in Huey Street from Keller Street to Bryan and in Mprquette Blvd . ,
from alley west _of O'Brien Street to Huey Street under Improvement Resolution No.2473.
The Board signed and approved scne in the sum of $1,661.42.
.The following letter from The Williston Construction Company was read and
ordered placed on fi le :
November lst . , 1932
Board of Public Works,
Cmty of South Bend,
South Bend, Ind is na.
Gentlemen:
We hereby accept the award made .to us on October 26th. , for constructing
a concrete base in the -track area on Western Avenue, from the east line of 1111chie-an
Street to a point west of Laurel Street, as Per pir hid suit it�ed �t a price of 4.5k6
per cubic yard of concrete , in accordance with plans and specs ice. cons for this wor
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Tue s day , Nove mbe r is t . , 193 2
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We will begin Pt once and push it to prompt c omp le t ion .
Thanking you, we are,
Yours very truly,
Williston Construction Company, Inc:.
By J. B. Schaub, Vic e-Pre si dent.
Mr. i. G. Crabill, attorney for the Samuel Spiro Company, appeared before
the Board with reference to rebuilding a new wall at the south endof the building
located at the north-west corner of the alley on 1 ichigan Street between. Washington
Avenue and Jefferson Blvd. The old wall encroaches on the alley about a foot and
it is the plan to rebuild .the new wall on the line of the old wall. The rmtter,
however, was referred to the City Attorney by the Board.
The Board approved pay roll claims in the sum of P,508.25. The Board also
approved claims for va.ri au s d epa.rtments in the sum of 1,481.82.
Meeting adjourned at 12 o'clock noon.
Attest:
C le rk
FRT_DAY, NOVE,1vBER 4th . ; 1932'.
Board met in special session at 10 o'clock. All members present
T.r. W. 0. Crabill, attorney fbr the Spiro Company, and Rolmd Obenchain with his client
Leon Livingston ze re pre sent, together with Engineers Charles W. Cole and elm. S . Moore.
The matter of the encroachment of the south wall of the Spiro Building on Aiichigan
Street was taken up and the Board after hearing all persons interested in the matter,
finds that the right of allowing the owners to rebuild their mll in the alley is not
within the jurisdiction of sp id Board.
llleeting adjourned at 11 o'clock.
At t/e st:
C le rk
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