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HomeMy WebLinkAbout05/29/1939 Board of Public Works MinutesBE MEETING --MAY 29, 1939 Regular meeting oftheBoard of Public Works was held on Monday, May 29, 1939, at 9:30 A.M. All members were present. Minutes of the previous meeting were read and approved. Payrolls of the various departments were approved and ordered paid in the amount of $8,971.69. Claims of the following suppliers were approved and ordered paid in the amount of $980.20: Asphalt Products Corp. $477.90 Ohio Oil Company $24.90 Business Systems, Inc. 1.50 Peterson Battery & Ignition Co. 3.45 Business Systems, Inc. 3.44 Royal Typewriter Co. Inc. 18.00 Business Systems, Inc. 8.82 Scherman-Schaus-Freeman Co. 1.42 Business Systems, Inc. .90 Scherman-Schaus-Freeman Co. 1.12 City stater Works 4.20 Scherman-Schaus-Freeman Co. 3.25 City Water Works 17.92 O. 0. Shoemaker 6.87 James P. Conboy .50 0. J. Shoemaker 18.53 J.P.Conboy for B.J.McCaffery 20.00 South Bend Clean Towel Service 1.25 Edwwards Iron Works, Inc. .50 South.Bend Clean Towel Service 8.75 General Tire Co., Inc. 86.96 South Bend Foundry Company 71.25 J. I. Holcomb Mfg. Co. 12.28 South Bend Foundry Company" 30.00 McCaffery Company 23.44 South Bend Supply Co. 4.77 G. E. Meyer & Son, Inc. 1.11 Standard Oil. Company 115.63 Office Engineers, Inc`. 4.45 Weisberger Bros. 2.69 Nest Side Hardware Co. 4.40 f The following claims of the respective suppliers in the amount of $2,835.30 to be paid from either the Special W. P. A. Fund or Street Department I-10 (W.P.A.) account were approved and ordered paid: Business Systems, Inc. 2.75 E. R. Newland Company 7.56 Edwards Iron Works, Inc. 7.90 Retco AlloyCompany 24.43 Edwards Iron Works, Ind. 245.00 River Park Lumber Co. Inc. 43.61 Indiana Bell Telephone Co. 6.00 Royal Typewriter Co. Inc. 16.00 Interstate Distr b ting Co. 3.52 Schillingts .85 McCaffery Company 2.71 Schillingts 1.30 McCaffery Company .47 Schillingts 3.71 Marquette Lbr. Co. Inc. 166.32 South Bend Foundry Co. 189.15 Marquette Lbr. Co. Inc. 710.39 South BendFoundry Co. 26.00 G. E. Meyer & Son, Inc. 1.64 South Bend Supply Co. 2.94 E. R. Newland Company 615.97 Standard Oil Company 187.29 E. R. Newland Company 30.20 Supreme Sponge Co. 144.55 E. R. Newland Company 390.24 West Side Hardware Co. 4.80 Mr. Aaron H. Huguenard, representing the Chicago, South Shore and South Bend Rail road, presented a petition to the Board requesting authority --for the railroad to con- struct an industrial spur track as follows: "Crossing the westerly end of an alley north of, and parallel to, Colfax Avenue, at its intersection with the southerly end of LaSalle Court, in Rockefeller's SecondAddition to the City of South Bend, St. Joseph County, State of Indiana." This spur track is indicated on a blue print filed with said petition and made a part of the records of this Board. Said petition, after hav'.ng been considered by the Board, was granted. The Board further found that said proposed contract shall be pub- lished in two (2) newspapers in accordance with the following Resolution and contract: RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE FORM OF CONTRACT WITH CHICAGO, SOUTH SHORE AND SOUTH BEND RAILROAD, GIVING SAID.RAILROAD THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE AN INDYSTRIAL SPUR TRACK ACROSS AN A LIE Y IN SAID CITY AREAS, the Board of Public Works and Safety of the City of South Bend, Indiana, desires to enter into a contract giving the right to Chicago, South Shore and South Bend Railroad, its successors and assigns, to construct, main- tain and operate an industrial spur railroad track across an alley in said city, and said Board of Public `+forks and Safety has determined the exact form in which said contract is to be finally adopted, which form is in words and figures as follows, to -wit: THIS AGREEMENT, bearing date of the day of , 1939, made and entered into by and between the City of 7o-uth Bend, Indiana, acting by and through tts Board of PublieWorks and Safety, hereinafter called the "City", and Chicago South Shore and South Bend Railroad, a corporation organized and existing under the laws of the State of Indiana, hereinafter called the "Rail- road", WITNESSETH: Section 1. The City does hereby grant to the Railroad authority to con- struct, maintain and operate an industrial spur railroad track, together with the necessary trolley wires and appliances, within the City of South Bend, Indiana, and over, upon and across an alley in said city, the line of which said spur track is more particularly described as follows: Crossing the westerly end of an alley north of, and parallel to, Colfax Avenue, at its intersec- tion with the southerly end of LaSalle Court, in Rockefellerts Second Addition to the City of South Bend, St. Joseph County, State of Indiana, Y • • .. and as,indieated on the blue print attached to the Railroad's petition for said grant. bi. Section 2. Said track shall be so constructed acras•s said alley as not to interfere with the free use thereof. Section 3. The part of said alley lying between said track, and on the outside of the rails to the extent of eighteen (18) inches, shall be kept by the Railroad in as good repair and condition, con- sidering the nature of the use, as other parts of said alley arekept by said City, and shall be paved and improved by the Railroad with the same material or as good material as the balance of said highway at said intersection. Section 4. This agreement shall constitute an indeterminate per- mit under and pursuant to the terms and provisions of the Public Ser- vice 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 shall become effective. Section 5. This agreement shall be binding on and inure.to the benefit of thelmrties hereto and their successors and assigns, respec- tively, 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 the City of South Bend, Indiana. CITY UT BENNDDo INDIANA BZ G; est. It BPublicW s • and Safety It Cler CHICAGO, SOUTH SHORE AND SOUTH BEND RAILROAD At By OIts Vice- resident Its Secretary •' NOW, THEREFORE, BE IT RESOLVED, That pursuant to the Statutes of Indiana in such cases made and provided said Board of Public Works and Safety does now fix the time at which said contract shall be finally considered as the 19th day of June, 1939, at the hour of 9:00 o'clock, A.M., at the office of said Board of Public Works and Safety in the City Hall in said City of Sout# Bend, Indiana, at which time and place a public hearing shall be heard, to which any tax payer in said city may appear and file protest against any or all of the provisions of said contract. BE IT FURTHER RESOLVED, that Chicago, South Shore and South Bend Railroad shall, at its own expense, cause the full and complete text of said enntract to be published -as required by law with notice of the time and place of said hearing in the South Bend Tribune and the South Bend Mirror, two newspapers of general circulation, printed in the English language, in S . Joseph County, Indiana; said Railroad shall likewise post a copy of said contract and notice of the time and place of said hearing in ten (10) public places in said City of South Bend,Indiana. Adopted this 29th day of May, 1939. boara oY ruoiicworx Safety of the City of Sout end,Ind. At C e letter of complaint from Roland Obenchain regarding the condition of a cement curb at 1321 Miami Street was received by the City Attorney and referred to the Board. The communication was referred back to the City Attorney by the Board for investigation. /The City Attorneyreported that he had investigated a petition signed by certain property wners relative to Mr. A. Reibeck at 3128 W. Sample Street. The petition alleges that Mr. Reibeck raises live stock and engages in farming on his premises. The Board finds, upon investigation, that there is no ordinance which w ould permit the Board to prohibit Mr. Reibeck from further carry* on these practices. Accordingly, the following letter was addressed to the petitioners': "Mr. and Mrs. C. R. Shafer 829 Dundee St., South Bend, Ind. "Dear Mr. and Mrs. Shafer: "Relative to your petition concerning the practice of Mr. A. B. R eibeck, 3128 W. Sample Street, of raising live stock and farming on these premises, we have checked the ordinances of this City and find that there are no ordinances wa.ich in any way prohibit farming in the city limits and the only ordinance governing live stock is one which prohibits live stock from running at large on public property. "In view of the fact that there is no ordinance which would permit us to control the situation complained of, we suggest that you take the matter up with your Councilman with the idea that he may be able to introduce an ordinance covering the situation which you have described in tTour petition. "There iso ne other remedy which you may have. If the situation is bad enough to come within,the provisions of an Indiana Statute relative to the existence of a public nuisance, you can, by engaging the services of an attorney, file a suit against Mr. Reibeek for maintaining a nuisance and enjoin him from further continuing the practices complained of. Very truly yours, DEPARTMENT OF PUBLIC WORKS By James P. Conboy (signed) Clerk of the Board" A complaint from a group of merchants on West Colfax Avenue, addressed to Mr. Conboy, Clerk, regarding the obstruction of pedestrian traffic, due to a rehabilitation of the Palace Theatre wells was referred to the Board. The City Engineer was instructe to contact the officials in charge of the construction work and urge its completion as quickly as possible. VACATION RESOLUTION 2500: This being the date set for hearing on assessment roll on Vacation Resolution No. 2500, which has to do with the vacation of an alley north of North Side Boulevard from Louise Street to Roberts Avenue, and no remonstrances having been filed and no one having appeared in opposition to said assessment roll, said assessment roll is now approved and confirmed and benefits and damages are now assessed as stated therein. CEMETERY DEPARTMENT: Mr. McNabb, Sexton of the City Cemetery, was present at the meeting and matters pertaining to his department were discussed. A petition dated May 23, 1939, signed by forty-three (43) property owners for the improvement of Kendall Street from Calvert to Ewing was received. Petitioners requester that the street be improved by concrete or concrete and brick. The matter was referred to the Engineering Department for investigation and report. STREET DEPARTMENT: The Street Commissioner appeared before the Board to discuss matter, pertaining to his department. He was instructed by the Board to arrange for an inspec- tion of sidewalks, curbs and street signs and submit a report on his findings. The Street,C ommissioner will work with the City Engineer on this. The matter of cutting grass between the sidewalks and curbs of various districts throughout the city was discussed. The Street Commissioner was instructed to refer these matters to the Park Board for attention. f /The Commissioner called the Boardts attention to the cuts in the pavements resul- ting from the W.P.A. work t hroughout the city on the streets. He was advised by the Board that the filling in of these cuts is the W.P.A.'s responsibility, with the excep- tion of asphalt, in which case the asphalt will be furnished by the W.P.A. and t he refilling will be done by the Street Department. "Bier. Zmudzinski informed t he Board that the Diesel grader needs three tires re- treaded. He was authorized by the Board to have this work done. /The Board informed the Commissioner that employees on the Department will be allowed one week's vacation with pay. ✓ A copy of the proposal by the St.Joseph Heating Company, made by John E. Probst, to the County Commissioners relative to installation of 81 steam line to run across the intersection of Main and Washington Streets to the County Rest Room and under the sidewalk on the south side of Washington Street to the alley west of Main Street, was submitted. The proposal was ordered placed on file. here being no further business to come before the meeting, the meeting was adjourned at twelve o'clock noon. �> V40,s//i ,1� 6 • • • 0 C: