HomeMy WebLinkAbout12/29/1926 Board of Public Works Minutes256 Wednesday Evening, UIecember 29th., I926.
Board met in regular session at 7-I5 P. Tr. All members present.
This being the date set, hearing was had on the Vacation of Tut.t Stre-et
from the Fast line of Carroll Street to a point 82..5 feet North 'oasterly of the
South East corner of Lot I2 7m. Andersonts subdivision under Improvement Resolution
No.I765.
In the above matter, upon the request of several of the property owners on
this street, the hearing was continued until January I2th., I927.
This being the date set, hearing was had on the vacation df�the alley
between lot 66 in Fenricks and Grants riddit ion and lot IO in Kent and grarr,ison' s
subdivision of Lot I in Hen.riekt s ans rant t s Addition from la rion Street to
the North line of said lots IO and 4, under Vacation Resolution Yo.I763.
In the above matter, 1,`r. Hiram Miller and William and Barbarba Smith
appeared petitioning the Board for the vacation. A written remonstrance was
filed against said vacation by B. C. Turner, owner of lot 28,. which is just
North of the north line. of said alley. After hearing all persons interested in
said vacation, the Board decides to sustain all former action taken on said
vacation resolution and declares same in all things ratified, confirmed and
approved.
The Board now orders that a list or roll be prepared of ell ovrners or
holders of prom rty and of valuable interests therein sought to be taken or to be
injuriously affected, which roll shall also describe the property beneficially
affected.
This being the date set, continued hearing was had on the assessment roll
for the pavement on Tilliam Street from Colfax Avenue to 17ashington !,venue under
Improvement resolution No.I636.
In -the above matter Mr. '"
Lenn Oare, attorney for •�isrk B. Guise, and
Paul Swertly, representing Y.'cTnerny and Ycinerny, attorneys for Samuel Slutsky,
appeared and remonstrated against the. assessments which have been extended over
one hundred and fifty feet. Yr. Oare brought out the fact that this point in the
law can be used only when the Board finds that the lots or parcels of land extend-
ing one hundred and fifty feet from the improvement, have been SPECIALLY benefited
by the improvement. After hearing all persons affected by the assessments, the
Board finds that the lots and parcels of land belonging to Samuel Slutsky and
Mark B. Guise, which do not abutt on ffilliam Street, are not specially benefited
and therefore the Board decides to modify said roll to the originallassessment
for the East 2 of East 1 of Bank Out Lot 22, belonging to Glara L. LaPierre, making
the assessment for Clara L. LaPierre as it originally was made on the roll, which
is I460052. The Board finds that with this modification, all of the lots and
parcels of land have been benefited in the amounts shown on said roll and therefore
declares said roll., -filed Deee-ber 8th., I926, in all things ratified, confirmed
and.approved and the proceedings closed. The Board further orders said roll delivered
to the Department of Finance.
The Board signed the contract for Garbage Disposal .for the year I927.
The Contract is as follows:
This indenture made this 28th., day of December, I926, witnesseth an
agreement by and between the City of South Bend, Indiana, by and through it's
Public Forks, hereinafbbr designated as the "City" and rphriam Lantz P.nd Alva Lantz
partners doing business under the firm name and style of Lantz Bros hereina-�'ter
designated ^s the contractors as follows, to wit:
The said City undertakes and agrees to collect all garbage within itts
corporate limits and deliver the same to the farm owned by said contractor and
located about two miles from- the North-easterly limits of said City, for the
period of one year from the 3Ist., day of December 1926 and said second party
agrees to accept all such garbage so delivered by said 6ity Pnd to dispose of same.
Said u ity contracts and agrees that during the term of this contract it
will not enter into any contract with any other person, firm or corporation for the
collection, disposal or sale of garbage.
It is provided, however, that said Contract shall assist in said collection'
and removal of garbage to said farm by furnishing a truck properly equipped with a
garbage body and all to the satisfaction of Board of Public °corks of said City for
and during the entire months of July, August, September and October of the year dfJ_this
ji contractand in the event of a failure on the part of said Contractor to so furnish
said truck, said Contractor contracts and agrees to pay unto said City, the sum of
Twelve Dollars and fifty cents (I2.50) for each day he failssto furnish said truck
and any p^yment for each day he fails to furnish s aid truck shall be promptly made
at the office of said Board of Public 1"orks on the Ist., day of the month succeeding',
the month in which such failure occurred.
It is understood and greed that said Contractor may at his option extend
the term of this contract for an additional period of two years after said December
31st., 1927 but in the event he elects to avail himself of said option, he shall
give notice of such eleftion to the Board of Public AV'orks of said City at least
three months prior to said Lecember 3lst., I927.
f It is further agreed that said Contractor shall furnish a bond to said
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1''ednesday, December 29th., 1926.
257
t'ity guaranteeing the faithful performance of his part of this contract which bond
shall be in the penal sum of IO,000.00 and shall cover the entire period of this
contract and.unon said Contractors election, to continue this contract for an
additional period -of two years after Lecember 3lst. , 1927, then he shall 'furnish
like bond for the ensuing two years.
This contract shall not be valid and binding upon the said. City of
S',uth Bend until ratified by a proper Ordinance of the Common Council of said ity
nor until the bond..herein trovided for and is executed and .filed with said Board
of Public t'7orks. i
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IN 71ITN7SS 11-HERFOF the parties hereinto set their hands and seals this
29th. , ray of "Pc6Tnrer I926. i
City of South Bend, Indiana.
Pay "' P . Finkle
John J. Olejniczak
I Kalph 11. Fuss
Itts Board of Public orks.
Ephriam Lantz
nlva Lantz
Uontractors
City Engineer, r.,��. H. G. "ray, filed plans and the Board adopted
a resolution for the rondemna.tidn'' bf,-pr.operty_:for the opening of Sherman -'!venue,
described as follows:
Beginning at Center of Section 35, twp., 38 Y, R 2E, thence East 30 fee!
thence N. parallel to and 30 feet F of the N & S Center line of said section 35 to
the South line,of riverside Drive, thence in a westerly direction along the South lire
of said Riverside !)rive to a point 30 feet "lest of the N & S center line of said
section 35;-thence south parallel to and 30 feet west of the Y & S center line of
said section 35 to a point due west of place of beginning; thence E 30 feet., to place
of beginning, under Condemnation Resolution No.I768.
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j In. the above condemnation resolution, the Board hereby orders that on
I the I9th., day ,cof .Agnuar7, 1927, this Board at it's office in the City Hall will
meet to hear and receive remonstrances from all persons whose property may be affected
by said condemnation. Board furl -,.ter orders that notices of snid hearing be nublisbed
in the South Bend News Times and Tribune on the 3Ist., day of December, I926 and on
the 7th. , day of Januory, I927.
City Engineer, 14r. H. G. '"ray, submitted partial estimate Yo.I for
tr._e pine sei--er improvement on rmx street between alley crest of Clyde 6tr-et and
Caroline Street, in accordance with the terms of the contract between the -City and
John 7. Hipskind, Oontractor. Board approved and signed Game in the amount of
21I8i.89.
"ie et ing adjourned at I0 : 00 P .
1,16rk of the Board.
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