HomeMy WebLinkAbout02/26/1934 Board of Public Works Minutes51-2
IF,onday, February 26th.1 1934
Board met in regular session at 3 P. M1. rr. Dick Johnson absent. MiInutes
of me etinp held Tonday, February 191th., 1934, read and. approved.
The Board approved the Excavation Bond in favor of Ferdinand Futter
in the sum of 1,000.00 signed by lt-etropolitan Casualty Insurance Company.
The lloaro approved pa7T.roll claims for various departments in the sum, of
��5,483.72 and. hereby or0ers City Controller to pay same.
The Board approved claims for v?ri.ous departments in the sum of $314.05
and hereby or ers City Controller to pay sare as soon as possible.
The Board approved claims for materials and supplies for C. W. A. Work
in connection with Cit-7 ail and Fire Stations in the sum of 138.37.
Uity Attorney, I. S. Romig, and attorney George A. Schock, attorney for
Steve Sypachelski, were ere sent in the matter of the agreement in the settlement of
d ^ma ges sustained. by said Sypacha l sk i while employed in the Street Department. Upon
the recomrwnd.ation of City-ttorney, I. S. Romig, the Board approved the following
agreement:
ate. to of Ind mane )
St. Joseph County) SS
City ,o-f gout h Ben d. )
Stipulation and preement
This agreement enteredinto by and between the Board of Public "Yorks
of the Civil City of South Bend., Indian:, and Stave Sypchalski, of the City of South
Bend , Indiana, this 19t h. , d=-y of February, 1934, 'IITTSSFTH:
That on the 20 th . , day of February, 1933, the Board of Public {+orks of the
Civil CitT, of South bend, had under its superv-sion and direction a subsidiary and.
Department of the said. Civil City of Routh bend, to=wit : The Street r-epartment of the
said City and that on the %Oth . , & IT of February, 1933, the said Street Department
had as one of its employees on the regrular payroll. of said -�'epartment and Board of
Public Uorks, one Steve Spychalski, residing at 416 South Grant Street, in the State
and county and City aforesaid, who was employed as a laboroer and received the average
weekly wage of Twenty-four ($24.00) Dollars and that on said. .date, while said Steve
Spych lski was regularly employed in thr course of ris duties as e laborer and was
loading cinders with a work crew at the ''ater 111,orks Pumping Station on South Olive
Street in said City un; per the direction of said Street Department and Board of Publie
Works, he - the. said %teve Spycha-Iski, T?as injured in t} e follaring manner, to -wit: .
cinders ^nd refuse from a cinder dump which - e was elpinp to reduce were blown in a-nd-
u-oon the right eye of said Steve Spychalski.
it i. s further understood and agreed by and between the said parties that
the 1.vou hd and irritation soused- thereby gr-dual ly ,reduced the sight of the said eye
until the eyesight was ant irel�,T lost to said optic and that the superintnedent and
foreman of s^i-d Street '�epartme_n_t -'nd members of the Board of Public Works at said
time were aware of sus_ injury a.nd the subsequent loss of the eyesight of the right
eye of the said Steve Spychalski.
It is further agreed that the sai c �- teve Spychalski eras sufferings from
irritation anc i.nflemation in his ri °ht eye for several days prior to February 20,
19339 as a result of infection sustained TThile 'not employed by the said Street liepart-
ment and that the accident set out in the foregoing was not the sole causation of
the loss of the sight in said optic but was en aggravation thereof.
It is further agreed. btT am between the sai d Board of Public Works and
the sa. id Steve Spycha lski, that in view of t he pa rti al responsibilit y to the sa id
City for the loss of sai e eyesight in said Spychalski's optic, the said Board of
Public "orks and Spychalski are desirous of effecting a compromise cash settlement
for all damages incurred in the course of Spych,:lski's employment old the 20th., day
of February, 1933, ens subsequently thereto and*_ until the date of this agreement
Pnd it is further agree that a reasonable. cash settlement is Rine hundred (1900.00)
Dollars in addition to medical bills incurred by the said Spychalski to be paid by
the said Civil City of South Bend. anc' its Board of Public YVorks, said payment to be
made to the said- Steve Spychalski within ten days frm the date of this agreement
and.:.its approval by the Industrial Board of Indiana.
That a. resolution has been adopted by the said Board as of this date,
authorizing the City Controller to make payment of the said Nine Hun(-�red Dollars to
said Steve Spychalski and. for fees to physicians attending him subsequent to the date
of sai c accident.
It 1.5 therefore stipulated am agreed by am between the Civil City of South
Bend ens' its Board of Public Works and the said Steve Spychalski that the Civil City
shall pay ens the said, 'Spychialski agrees to accept the sum of Nine Hundred Dollars j
together irith medical fees payable within ten days from this date, subject to the j
approve 1 of the Industrial Board of Indriana for all damages incurred by him while in
the employ of the Street Department, a subsidiary and liepertment of the said Board of
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J,=onda�T, February 26t". , 1934
Public forks on the 20th. , day of February, 1933 and subsequently thereto and until
the e xecut ion of this agreement.
°'+itness our hands and seals this 19th. , day of February, 1934.
Board of Public Forks, City of
''ouch Bend, Indiana.
By Dick Johnson, Pres.
Bte ve Spychalski
Witness to Sigma Lure :
George R. Schock.
(The above agreement returned from Industrial Board of the S'tate of Indiana, marked
"Approved,, T arch 3, 1934, Ira 1.T. Snouffer."
The following resolution was adopted by the Board, upon the recommendation of
Citv Attorney, I. S. Romig:
RESOL:?ITION
�I TO PAY CMTENSATION 117 r Al -AGES TO ST a SP7C?�T^LSK.I
hereas, on the 2Qth., day of February, 1933, the -boerd of Public Forks of the
E'1Vil �itT of �'out'n fiend, hid under its supervision e.nd direction. a. subsi.d.ia.ry a.nd
Depertment of the said .Civil "ity of South Bend., to -wit: The street Department of the
sa id U it y. nd.
Whereas, on the date aforesaid., the said- Street Department he as nne of its
employees on the reg7ular payroll of said Department and Board of Public 'vvorks, one
• iI Steve Spychalski, resid_inp at 416 E=-ouch Grant=treet, in the State, County a.nd `pity
aforesaid, rho was employed as a laborer and recd)ived the average weekly ��rage of
Twenty-four Dollars- ( 24.00) ,arid
l Whereas, an said date, �::Ylile said Steve Spychialski was regularly employed in
the course of his duties as a laborer and was loading: cinders with a work crew at the
`.'eter+orks Plumping Station on South Olive Street in said City under the direction
pych^lski
of the said Street liepa.rtment end Board of Public `+gorks , he, the said. Steve Srwes injured in the follor- !ng manner, to-r-it : ci nd ers <-nd refuse from a cinder dump
which he helping to reduce were blown into and upon the right eye of said Steve
Spy; the lsk i , a nd
• Whereas the wound and irritation caused thereby pra.dually reduced the siph.t
of .Seio. eye until the eyesight was entirely lost to said optic nerve, and
+'=hereas, the superintend nt and foreman of seid Street Department and members
of the Boerd of Public 'corks 2t sei d. time were Pware of such injury end the subsequent
loss of the eyesight of the right eye of said �Iteve SpyrbaTski, and
",hereas Steve Spychelski «es suffering from irritation and inflam, n in this
rig'-t eye for several days prior to February 20, 1933, as a result of infection sus-
te fined while not employed bIT the said Itreet Depe rtment and that the •accident set out
in the foregoing was not the sole causation of the loss of the sight in said optic but
was f n aggravation thereof, and
Whereas, if the sai(' accident on lebrurr7T 24th., 1933, had been the sole causa-
tion of the loss of said eyesight, sei(9 "Iteve Spychelski t-nuld be entitled to fifty
five percent (55""/,) of his weekly wa.peof ftenty-four 0'24.00) �'oliars or Thirteen
rollers and tvrnety cents (L3.20) for ?-period_ of one }un'red and fifty weeks or a
total- of 111ineteen Hundred end- -6iFhty (1980.00) 1Jolle.rs, if awerded by the Industrial
Board of Ind ie.n a, and
Whereas the said Steve Spychalski and the Civil City of South Bend, represented
by the Bo-^rd. of Public Works, in vie,u. of the partial responsibility to thesaid City
for the loss of said eyesight in s^-id Spychalski opic are cesir(hus of effecting a
11 cash settlement for all damages incurred in the course of his employment on said d_a_te
of this resolution and' the sac Steve Spychalski and' the said Board. of Public Forks
have agreed. on a cash WITement within ten days of the sum of P900.000Nine Hundred
Dollars) in one p,, ny ent i„ ithin ten days from the date of thjis Kesolut-on in addition
to medical services incurred for the treatment of said Steve Spychalski, statements
of 7,-h_ich ere now filed with the Clerk of said Board of Public Works.
`or, tr:erefore, be it resolver bn -this-=27th., day of February, 1934, by this
Board of Public 'V`orks and'. the undersigns^ members, of the said �itZ7 of South Bend,
thet the said compromise e_nd cabh settlement by ellowed by this Board as a valid claim
pnd tl�at the Controller of the City of South Bend by autroru-zed to pay the said Steve
Snvchelski from the fund for -purposes, the sum of Dine Iund.red (,900.00) Dollars in
;; one payment Pnd the Clerk of this Foard. be Puthorized to spread th .s resolution upon
• the records and minutes of this Board and that a stipulation be entered into by the
li President of thi. s Board. and said Steve �=pychalski and apt oved by the City Attorney
I� of the City of South Lend, to be for,,x arded to the Industrial Board of the State of
!il Inc; Tana , for pp -Drove 1 and: confirmation.
51,E Mon OF y, Feb ruary 2 6th. , 1934
Rated this, 26th. , day of February, 1934.
BOA Rr PITBLIC WORKS OF
7TE CITY OF SOUTH FEI ND IND I ^- NA
O'K I. -Q '1011G CTT�r .`TTORP'EY
2-19-34
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This being the da to set, continued hearing was had. on the Vacation ofArnold
Street under Vecation iiesolution No.2477.
In the ^bove named Vace t _on Resolution 1'o.2477, the Boa rd d� c ides to continue
hea ring until fl'_onda y , Apr i 1 '23rd. , 1934, at 3 P . T= .
This being the date set, continued tearing was had on Vacation of Cherry Street
under Vacation Resolution No.2478.
In the above named vacation resolution IVo.247S-, the Board. decides to continue
hear i.np until M� ond2 y, April 2nd r i 1934, at 3 P .
The following recommendation of V1M. F. -;ualls, superintendent of Electrical
Derprtment, was approved by the Boar-d:
February 19, 1934
To the 1hronorable Board of Public Vyorks :
Centlemen: The 1,,orthern Indiana Railif-ay comp^ny desires permission to construct an
aerial wire on Bronson utreet from Ta`ichigen �treet' t o the alley west of 'I ichigan St.,
and then. to'ath in the alley to their buss shop. It ill necessitate setting two I
poles on Bronson Street and one bole in the alley, as shos;n on the above sketch,. This j
line is t o tap the trolley line at TV ich.i.gan and Bronson ane carry current to their sho '.
I can see no objection +o this constructs-,n. The one pole on Bronson Street can
be located on the property line Pn, the other pole at the alley.
T Irould recommend that the permission be granted.
Respectfully submitted,
'k%illiam F. ':walls, Supt. Lleetrical Department.
fleeting adjourned at 4 P. 1'.
At/test:
. cret�ry
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