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HomeMy WebLinkAbout06/27/1938 Board of Public Works Minutes378 ---__-.---_.-____----MEETING __June 2,7_,_1938 Regular meeting of the Board of Public Works was held on Monday, June 27, 1938, All members were present. ,.Minutes of the previous meeting were read and approved." Claims from the follow- ing suppliers in the 'amount of $2314 26 were apt?roved. and ordered paid. Also payroll of the various Departments amounting to $7135.69: Am rioan LaFrance & Foemite $ �.. 92 Yl-kayy, Products Corp. Amerida-m-LaFrance and Foamite_ _- 465.5U Hi Co. _�..-� 3.75 y_ 33.50 Bomgardner Mantrfactur �g---Go`. 93.16 Hibberd Pri ting Co. City, rater y�orXs-. ---`- 5.04 McCaffery Co. 9.36 Busine stems Inc. 13.25 S. H, Reese l -_.."r -._.,_ 122.37 _Ut)f ater Works 425 OB.. St. J9,9,eph s Hospital �7�1_.60 ,non Service Co., Inc. 18'.99 Mr. J. C. Weer, Street Commissioner, was authorized to purchase a car of cold - pack for -,use in repair of streets. A delegation of residents in the vicinity of Kemble Avenue, Douglas Streeto Oliv- er Street appeared -before the Board and urged the extension _of the .bus. line from the present terminal to Rum: Village Park.. Mr. .R.R. Smith and Mr. W. W. Waterson of the Northern_ Indiana Raolway Company were present and after discussion of this matter it was decided that Mr. Smith submit a proposal in regard to this matter at the next meeting of the Board on July 5. Mr. R. R. Smith and Mr. W. W. Waterson of the Northern Indiana Railway Company submitted the following Agreement for the elimination of street cars on Washington Street, Chapin, Sample Streets, and Prairie Avenue, which calls for public hearing on July 14, 1938, at 10:00 A. M. The Northern Indiana Railway Company will advertise according to law: AGREEMENT This Agreement made and entered into this day of June, 1938, by and between the City of South Bend, Indiana, by and through its Board of Public Works and Safety, hereinafter called the first party, and the Northern Indiana Railway, Inc., a corpora- tion organized under the laws of the State of Indiana, and Raymond R. Smith, Receiver of said Northern Indiana Railway, Inc., their successors and :assigns, hereinafter call- ed partiesof the second part, WITNESSETH: i That Whereas, the parties of the second part now have and own an indeterminate per mit to operate, as a part of their street railway system in said City of South Bed, a local street car service for the carriage of passengers for hire over the following route, viz; I. On -,Washington Street from its intersection with Main Street, west to Kal'ey Street, thence north to Bertrand Street, thence west to Bendix Drive, .thence west and north onBendix, Drive to Westmore Street, thence East on Westmore Street to Mead Street, thence south on Mead Street to Washington Street. 2. On Chapin Street from its intersectionwi.th Washington Street south to Sample Street, thence west on Sample Street to Kosciuszko Street; and. said parties of the second part now have street railway tracks laid in said streets and are operating street cars over the same and along said routes for the carriage of passengers for hire, and have the indeterminate right to continue to operate street `-cars over and upon said streets; And Whereas, said, party of the first part is about to relay the pavement on Wash- ington Street from Main Street west and has requested the parties of the second part to remove their said street -railway tracks from all the streets and avenues onihe routes above described; and has requested them in place of said service to install taid opera- te automobile or motor busses for the carriage of passengers .for hire, and said parties of the second part are willing to comply with said requests in consideration that said City grants to them the right to operate motor busses over said streets. and into the dame general territory`for.the carriage -of passengers for hire. Therefore, consent, permission and authority are hereby granted and given by the party of the first part, to and vested in the parties of the second part, their sue - censors and assigns, --subject to the conditions hereinafter specified, to operate vehic- les, commonly known as motor busses, for the purpose of carrying passengers for hire, from the date of this agreement, over the following routes in said City of South Bend, to -wit:, 1. Beginning at the corner of Washington -Street and Michigan Street,.thence south on Michigan Street- to- Jefferson Street, thence west on Jefferson Street to Main Street, thence -north on Main Street, thence west on Washington Street to Birdsell Street; thence north on Birdsell Street to Linden. Avenue, thence west on Linden Avenue to Bendix Drive, thence northerly on Bendix Drive to Westmore Street, thence East on Westmore Street to Olive Street, thence south on Olive Street to Linden Avenues thence over the route above described to the corner of Washington Street and Michigan Street. • 0: 11 • 0 7 379 • • • • 2. Beginning at the corner of Washington Street and Michigan Street, thence south. on Michigan Street, thence south on Michigan Street to Jefferson Street, thence west on Jefferson Street to Main Street, thence north on Main Street to Washington Street, thence West on -Washington Street to Chap- in Street, thence south on Chapin Street to Sample Street, thence west on Sample Street,to'Humphreys Court, thence returning over the route above described to the corner of Washington Street and Michigan Street. The said second party es_agree to operate motor busses over said route with a regular time schedule, adequate to the convenience and necessity of the users of said service, at the same rate of fare now being charged by the parties of the second part on other motor bus 'routes in said city, to -wit, a ten cent cash fare, and three tokens for twenty-five cents (cash token giving a passenger the right to one ride or trip on a: -bus), together with the right of one transfer to either street dars or other busses operated by the parties of the second part. The party of the first part further grants the right to the parties of the second part to erect and maintain suitable signs along said streets and routes, advertising its stops end schedules, which right shall be subject to reasonable regulation by the Board of Public Works and Safety of said City. The party of the first part intends to repave said Washington Street, and it fur- ther grants to the parties of the second part theright, until such time'as said improve -m.ent is completed, to operate its said motor busses over such streets and avenues of said City as they may select and which lead into the same general sections of the City 'as are now served by several street car lines. And the parties hereto agree that bus Route No. l above described very largely serves the same districts and communities as the route known as the Linden Avenue Bus �oute over which the parties of the second part now operate busses for the carriage of passengers for hire under an indeterminate permit, and which Linden Avenue Bus Route as now operated over is described as follows: Beginning at the corner of Main Street and Jefferson Street, thence `West over Jefferson Street, to Lafayette Boulevard, thence north to Lafayette Boulevard to Colfax Avenue, thence West over Colfax Avenue to LaPorte Avenue to Fassnacht Avenue, thence west over Fassnacht Avenue to Johnson Street, thence south over Johnson Street to Kenwood Avenue, thence west over Kenwood Avenue to Olive Street, thence north over Olive Street to Bertrand Street, thence east over Bertrand Street to Johnson- Street, thence returning over the same route to the place of beginning. l And it is agreed that from the time of commencement of service upon said Bus Route No. 1 above described that the parties of the second part shall be relieved -.from all du- ty and obligation to give a service over said Linden Avenue Bus Route, and the permit and fra'nchise of the parties of the second part to operate busses over said Linden Ave- nue shall be cancelled and terminated from said time of commencement of service as above stated. And the parties hereto further agree that it will be impossible for the parties of the second part to continue the street railway service now being given by them over the Prairie Avenue line from the corner of Chapin Street and Sample Street to the inter- section of Chapin Street and the railroad tracks of the Indiana,'Illinois and Iowa Rail- road Company, and that from the time of commencement of service upon said Bus Route No. 2 above described that the parties of the second part shall be.ralieved from all duty and obli#ation to give any service over said Prairie Avenue line, and the permit and franchise of said parties of the second part to operate street cars over saidline shall be cancelled and terminated from said time of commencement of service as above stated. The parties hereto further agree that this contract shall not be binding and effee- tive until and unless the same is approved by ordinance of the Common Council of said City, and by order of the St. Joseph Circuit Court. That upon the final and complete execution and approval of this contract as afore- said,. the party of the first part shall have.the right to remove any or all of the rail way rails, ties and property now placed or contained in the street pavement along said routes, and it shall have aright to use, dispose of or sell all,. of said rails, ties and property. The parties of the second part shall not be required to remove any of said rails, ties or property in the pavemeht;provided, however, that said property shall not be removed, nor shall said permits. or franchises be cancelled, if or while any-;oit izen or interested person shall contest the validity of this contract, or of any of'the permits, franchises or privileges herein granted by the party of the first part to the lbarties of the second part. :IN WITNESS WHEREOF, the first party has hereunto caused its name to be signed by the me hers of the Board of P blic Works and Safety, and the second party, Northern Indiana Railway, Inc. by its resident and Secretary, and said Receiver has also affix- ed his name. CITY OF SOUTH BEND, INNDIANA By Its Board of.Public Works and Safety. ATTEST: Its Secretary NOTICE NORTHERN INDIANA. RAILWAY, INC. By Its President Rece ver of oRI-Em- Indiana Railway, Inc. Notice is hereby given that the Board of Public Works andSefety of the City of South Bend, Indiana, desires to enter into a contract with Northern Indiana Rail- way, Inc.and Raymond R. Smith, Receiver of Northern Indiana Railway, Inc., their suc- cessors or assigns, granting to them the right and use over and along certain public highways and streets in the 'City of South Bend, Indiana, for the purpose of operating motor busses thereon for the carriage of passengers for hire; that this Board has de- termined the exact form in which such contract is to be finally adopted and this Board has now fixed the `14 day of July, 1938, at 10:00 O'clock A M. at the office of this Board in the City Hall in South Bend, Indiana, as the time and place when said con- tract will be finally considered; that at said time and place a public heating shall be had at which any taxpayer of said City may appear and file protest against any or i of the. provisions of said contract. That the full and complete text of said contract determined upon by this Board is in the following words and figures, to -wit. - IN WITNESS WHEREOF, this Board has caused this notice to be executed and ordered published as required by Section 48-7303 of Burns' Indiana Statutes Annotated 1933 by publishing this notice in full one time in both the South Bend Tribune and the South Bend News Times, two daily ne-wopapers of general circulation printed in the English language in said City of South Bend, Indiana. Frederick J. Anderson fs/ Chas. F. Zillmer /s l Edwin W. Hunter Isf I �/A delegation headed by Harry Tomlinson, representing the employees of -the Street 'Department were present asking for two weeks vacation for the Street Department em- ployees. -After a thorough discussion of this matter, a committee was asked to bring In a complete list of the 'Street Dept. members who they feel are entitled to vaca- tions, which will be considered at the next meeting of the Board on July 5. ''The same Committee discussed with the Board the matter of seniority rights of the employees of the Street Department and pending further investigation, action was postponed until July 5. This being the date set for hearing on Condemnation Resolution No. 2496, same -be- ing condemnation of an alley previously vacated east of Frances Street from St. Vin- cent Street to the alley north. Present at the hearing were Mrs. Verne Jankowski, represented by Mr. Perroni, and Mr. A.S. Burkhart, represented by George Sands. After discussing the matter fully, definite action was postponed until the regular meeting ofthe Board on July 5 at 10: 30 A. M. , to give the City Attorney an oppprtunity to in- vestigete the legal ang-Les of the Common Relations Resolution. 0 • .` • 381 • • • • • C Meeting adjourned at 11: 45 A. M. Board of PulYlLc Works ATTEST:- Clerk ADDR4DA Bogda Chevrolet Co. .82 Schuyler Rose 68.00 Business Systems, In-c. 1.20 South Bend Auto Products 21.03 Business 13ystems, :In-, 040 South Bend Awning Co. ` 7.00 Business Systems, Inc, 4.25 Standard. Oil Company 1715.09 City Water Works .50 G . Q. Vhurnx'- for B. J. MCCa:ffery 6.00 City Water`Works. 4.20 Underwood Elliot Fisher Co. 6.00 Cockrell Tractor Co. 60.28 Underwood Elliott Fisher Co. 6.00 Curry's Flower '--,.hop 8.40 Willette Service Station 1.20 C. H. DeFrees, Inc. 126.00 Willette Service Station 110.76 C. H. DeFrees,.Inc. 1.26 Willette Service Station 16.00 Edwards:' Iron Works, Inca. 4.22 Williams The Florist 12.00 Elgin Sweeper Co. 3.2.0 Wire & Disc Wheel Sales & Serv. 7.50 Elgin Sweeper Co. 50o3l Wolverine Insurance Company 3.35 A. Kemper 36.00 J. Carroll Brown 6.50 J. C. Lauber & Co. 23.`51 Northern Indiana Public Serv. 3.32