HomeMy WebLinkAbout05/18/1927 Board of Public Works MinutesWednesday 1°ven.ing, Yay I8th. , 1927.
Board met in regular session at 7-I5 P. Y. All members
present, Mayor C. R. Montgomery also present. �
This being the date set, hearings were had on the following
Im-)rovement Resolutions: u
Improvement resolution No.I803 for the pavement of Division
Street from the East line of Chicago Street to the .East line of Belleville Third
Unit under Improvement Resolution No.I803.
Improvement Resolution No.1804. for the grade, curb and walk
improvement on Twenty-first Street from the South line of IicKinley Avenue to the I
North line of Christman Place Addition AND the ,'Vest one -half -of Twenty-first Street
from the North line of Christman Place Addition to the center line of flashington
Avenue.
Improvement Resolution No.I806 for the pavement of Sheridan
Avenue from the South line of the first alley South of Division Street to a point
82 feet South.
Improvement Resolution No.I8II for the pavement of Hoose
Court from Scott Street to Chapin Street. j
In.all of the above named improvement resolutions, no remon-
strators appeared and no written remonstrance was filed, and the Board being fully
advised in the premises finds that the benefits accruing_to:the several lots and
parcels of land liable to be.assessed for said improvements will be equal to the
estimated cost of same as reported by the City Engineer. Therefore the Board
decides to sustain all former action taken on said Improvement resolutions and
declares same in all things ratified, confirmed and approved without modification.
In all of the above named improvement resolutions, the Board
hereby orders that on the 3lst., day of May, I9279 this Board will meet at it's
office in the City Hall at 10:00 A. M., and will receive, open and consider sealed
proposals for the construction of said improvements. Board further orders that
notices of said sealed proposals be published on the 20th. , day of May' and on the
27th. , day May, I927, in the South Bend News Times and Tribune.
This being the date set, hearings were had on the following
Improvement Resolutions:
1 ;
Improvement Resolution No.I8I2 for the pavement of LaSalle
Avenue from Main Street to a point 17 feet West of the East line of Lot 4 in ,millers
Sub.
Improvement Resolution No.I8I3 for the pavement of Lincoln
Way West from the North line of LaSalle Avenue to the West line of Cottage Grove
Avenue.
Improvement Resolution No. I8I4 for the pavement of Lincoln
Way$lest from the West line of Vbttage�Grose Avenue to the Nest line of Wilber Street.
Improvement Resolution No.I8I5 for the pavement of Lincoln
Way nest from the nest line of Wilber Street to the '+est line of Olive Street.
In all of the above named improvement resolutions, property
owners were present and voiced their approval for the proposed improvements and
j� no written remonstrance was filed and the Board treing fully advised in the premises;
finds that the benefits to the several lots and parcels of land liable to be assess-
ed for said improvements are equal to the estimated costs of same as reported by
the City Engineer. There -fore, the Board decides to take final action on all of %he
above named resolutions, sustaining all former action taken on same, and declares
some in all things ratified, confirmed and approved without modification.
I
City Engineer, her. H. G. Wray, filed plans, specifications
and estimates and the Board adopted the following Improvement Resolutions:
Improvement Resolution No. I850 for the construction of a icwxkk
local sewer along Garland Street from 6outh Bend Avenue to a point IO feet South
of the North line of Lot 35 Parker & Allents Sub. (see files for copy of resolution.)
Improvement Resolution No.I852 for the construction of a
local sewer along St. Joseph Street from Broadway to a point 27 feet North of the
South line of Lot 51 to Haney's Addition.
f'
Improvement Resolution No1I855 for the construction of grade,
E i curb and ,ialk on Woodsicle Street from W7ckenham Drive to Ridge Road.
In all of the above named improvement resolutions, the
•
property owners waived all objections on and in defence to any defect in said
proceedings and to any violation of procedure for the construction of improvements
as fixed bylaw.
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Vednesday evening, bray 18th. , 1927.
Whereupon the Board received, opened and read sealed proposals
or the following Improvements:
Improvement Resolution No.I855 for the construction of grade, curb
and walk on Woodside �treet from Twyckenham Drive to Ridge Road. Bids as follows: �I
Contractor walk grading to.. suh. Curb & Gutter S. W. Inlets
Twyckenham Co. .I6 .85 .75 I8.00
Bids having been received for hhe construction of grade curb and walk
n 'Oodside Street under Improvement Resolution.No..I855, the Board this I8th., day of
ay, 1927, hereby awards the contract for said improvement to the Twyckenham hand and
nvestment Co., at their lot bid of $6,851.906
Bids were received, opened and read for the construction of a local
ewer along St. Joseph 6treet from Broadway to a point 27 feet North of the South -line
f lot 51 in Hanyy's Addition under Improvement Resolution No.I852. Bids as follows:
Contractor
IO inch
8 inch
6 inch
Manholes
• i
oceo Simeri
2.00
.95
.95
85,00
i�award
DeJulio
2.00
1.00
1.00
90.00
lJohn
Hipskknd
2.00
I.00
I.00
95.-00
Bids having been received for the dons truction of a .local server along
t. Joseph Street under Improvement Resolution No.I852, the Board this I8th., day of
ay, hereby awards the contract for said improvement to Rocco Simeri at his low bid
f 600.10.
Bids were received, opened and read for the construction of a local
ewer along Garland Street from South Bend Avenue to a point IO feet south of the north
ine of lbt 35 Park and Allen's Sub under Improvement Resolution No.I850. Bids as
ollows:
ontractor
IO inch
8 inch
6 inch
Mlanhol es
occo Simeri
2.00
I'00
I.00
90,00
award DeJulio
2.00
.90
.90
85.00
ohn F. Hipskind
2.10
I.00
L900
95.00
Bids having been received for the construction of a local sewer along
arland Street .under Improvement Resolution No.I850, the Board this .I8th. , day of May
927, hereby awards the contract for said improvement to Edward DeJulio at his low bid
f $I,052.60.
City Engineer, Mr. H. G. Wray, filed plans and the Board adopted a
esolution for the Vacation of alleys in Summit Place fourth and fifth Additions to
he City of South Bend under Vacation Resolution No.I853. (See files for copy of
esolution.)
In the above matter, the Board hereby orders that on the 22nd., day
�f June, 1927, this Board at it's office in the City Hall, will meet at 7-I5 P. M.,
, o hear and receive remonstrances from all persons whose property will be affected by
said proceedings. Board further orders that notices of said hearing shall be published
'on the Ist. , day of June and on the S3th. , day of June, I927, in the South Bend News -
Times and Tribune, and that notices be mailed to property ovmers according tqo law.
The Board approved the Guarantee Bond of Garl DL Traxler on the
South-east Trunk Sewer under Improvement Resolution No.I635. Bond signed by the
Jnion Indemnity Co., by W. C. Bade, attorney in fact.
City Engineer, Mr. H. G. idray, filed primary assessment roll for the
vacation of the alley lying between Lot II and Lot 12 in Kuntsman and Meyers Addition
from east line of Olive Street to west line of Ist., alley east of Olive Street under
Vacation Resolution No.I787.
In t'_ie above matter, the Board hereby orders that on the 25th. , day
of May, I927, this Board will meet at it's office in the City Hall at 7-I5 P. Its., and
will Receive and hear remonstrances from all persons whose property has been assessed
for said vacation. Board further orders that notices of said hearing and the amounts
of benefits and damages shall be served according to law.
The Board approved the continuing bond of Kuehn -Jordan Co., for
I,000.00 signed by the American Surety Co.
The Board approved the efteavation bend of Rocco Simeri signed by
the Columbia Casualty Co.
City Engineer, lair. H. G. `dray, filed partial estimate No.I for the
grade, curb and walk improvement of O'Brien Street from Elwood Street to Keller Street
under Improvement Resolution No.1745, according to the terms of the contract between
the City and the Williston Construction Co., Board approved and signed same in the
amount of 4,1416.47,
340
Wednesday ening, May 18th., 1927.
The Board approved the petition of the.Colpaert Realty Company
for the extension of the pavement`on'Gladstone avenue to include that part of Gladstone;
Avenue from the South line of Huron Street to the South line of lots numbered 748 and
675 in Belleville, third Unit, South Bend Indiana,
The Board approved the recommendation of Wt. F. Qualls to remove
light No.I237 from the north-west corner of Main abd LaSalle Avenue to 711,in Street at
alley north of LaSalle Street on the .South east corner, Same ordered.
i
The Board approved the grades of the following alleys:
;
Alley east of.Arthur Street from Bissell Street to Chalfant St.
Alley South of Chalfant Street from Arthur Street to Walsh St. li
City Engineer, fir. H. G. ;stray, filed tabulation of bids for the ! ;
construction of a local sewer along Donald Street between allyy east of Leer Street andi;
Sampson Street under Improvement Resolution No.I798. Tabulations as follows: T,
Edward BeJulio L. H. Webster No. Ind. Const. Co. I. 1.1. Staples fi
7937I.90 6,706.58 59625.80 59590/16
,w
Bids having been received for the construction of a local sewer
along Donald Street under Improvement Resolution No.I798, the Board this I8th., day of
May, 1927, hereby awards the contract for said improvement to I. 71. Staples at his low
I.- bid of5,590.I6. r
City Engineer Vr. H. G. Wray, filed tabulation of bids for the 'i .
construction of a local sewer along Grange Street and Brookfield Street under Improvement
resolution No.I796. Tabulations as follows:
Edward De Julio Rocco Simeri H. J. Slot
3,253.70 39235.70 1,996.80
Yr. H. YJ. Slot, contractor, appeared before the Board in the
matter of his bid on the above named improvement and advised the Board that he had mde
an error in figuring his bid on this sewer. In view of the fact that Mr. Slot's bid 1
was entirely out of line with the other bids submitted, the Board: allowed him to with9-1
draw his bid.
Bids having been received for the construction of a local sewer
along Orange Street under Improvement Resolution No,1796, the Board this I8th., day
of May, I927, hereby awards the contract for said improvement to Rocco Simeri at his I
bid of 3,235.70. ;I
The Board approved the plat of EastLawn, a subdivision located';]
in the North part of the west half of the Southwest quarter of Section 8, Township 37 1
North, Range 3 east, with the following dedication:
DEDICATION OF EAST LAWN ADDITION.
The annexed plat of East -lawn, an addition to the City of South
Bend, Indiana, is located in the north part of the west half half (2) of the southwest
quarter (4) of Section eight (8), Township Thirty seven (37), North, Range Three (3)
East on the following -described tract of land:
Beginning at the northeast corner of the west half (2) of the south�vest
quarter (f) of Section eight (8). Township Thirty- seven (37) North, Range Three (3)
East; thence south seven and forty-four hundredths (7.441 chains to the right-of-wey
of the Grand Trunk Western Railway Company; thence west along the north line of the
right of way of the Grand Trunk.Western Railway Company to the ea:t line of Twentyseco2i
Street, (formerly Sixth Street), thence north along the east line of Twentysecond Sbre4t
to tje north line of the southwest quarter (') of said section eight (8)., thence east tlo the
place of beginning.
The lots are numbered from One (I) to Sixty-two (62) consecutively.
The sizes of the lots and the widths of the streets are indicated on the plat in feet.
The street s are hereby dedicated to the public for publis use.
Section I. Reservations and Restrictions. A strip pdf land four;]
_
(4) felt i(n width off of the south ends of Lots numbered One (I} to axteen I6), both]!
clusiva `and a strip of land four (4) feet wide off of the South ends of Lots numbered
Forty (40f-to Sixty-two, (62) both inclusive, are reserved for the use of public
utilities. i.
Section 2. Use of Lots. The land Included in this plat, except
Lots numbered Forty (40), rorty-one (4I) and Forty-two (42) shall be used for private I�
residences purposes only and no building of any kind whatsoever shall be erected or
maintained thereon except private dwelling houses and private garages, which must be eli
either attached to house or located within twn (10) feet of rear end of lot,
i
ilednesday tvening, Yay I8th., 1927.
i Section 3. The word "plot" in these .restriction is intended to mean any I
piece or parcel of land on which, in accordance with the provisions hereof, or any
deed hereafter transferring title thereto, the owner shall have the right to erect,
i a :building. A plot may consist of a single lot or more or less than a single lot.
Section 4. No building shall be erected or maintained on any plot in this
subdivision which will project over any building line shown., on the recorded plat
thereof; except projections for windowns, stainitiay landings and vestibules, whichy
shall not extend more than three (3) feet beyond building lines; and except porches, -a
balconies and Porte eoeheres, which shall not be more than seventeen (I7) feet in
height, and shall not project more than ten (0) feet beyogd.railding lines.
Section 5. Side Yards. (A.) Side yards shall be left •on both sides of S
every dwelling,house built upon ark plot fronting on Jefferson Blvd., *high shall
extend the full length of the lot, and shall be in addition to and independent of
h any side yard pertaining to or required for any other dwelling on any other plot,
No part of any building, except as hereinafter provided, shall encroach on these.
�� ,,
il side yards. The aggregate width of said side yards required on both sides of any �j ;a
dwelling shall be not less than one-third (I%3) of the width of the lot. In measuring,, ;
the width of any dwelling only that portion of the porch shall be taken into account
that is more than seventeen(I7) feet above the level of the main first floor of the fI
building
!� (B) Minimum Width. The minimum width of such side yards to be left on
eith side of any building on plots fronting on Jefferson Boulevard shall be two fifths
(2/5) of the minimum aggregate width of side yards required for any such dwelling.
On each plot fronting on Sunnymede Avenue side yards shall be left on both sides of
every dwelling house, the minimum width of which shall be five (5) feet. i
.(C). Projections. Steps, uncovered porches, terraces, no part of tilhch
is more than three (3) feet above the level of the 2irst floor of the 'building and
tside chimmeys that do not enenoach beyo#d-7the wall of the house more than eighteen
IuS) inches into the side yards, may be built and maintatned on any part of such side {
yards.J:
(D). Garages. A garage not made part of, or attached to, the main building
on a plot shall not be subject to the provisions of side yards.
Section 6. Garages, when erected. No garage sha ll.be erected on anyplot
in said sub -division except at the time of the erection or after the completion of
such a residence building as is permitted by these restrictions to be erected on
the plot upon which such garage is intended to be erected.
Section 7. Caucasian Owners. No plot in said sub -division, nor any
interest therein, except when used for commercial purposes, shall be conveyed to or i
leased to, or be acquired by, any person other than one of the Caucasian Race,
Section S. Non -Caucasians as Servants. Excepting on land zoned for
I. commercial purposes no person other than of the Caucasian Race shall be permitted
to occupy any portion of any plot in said subdivision or any building thereon, at
any time, except a domestic servant actually employed by the occupant of such building.
Section 9. No building shall be erected on Lots numbered Forty(40),
forty one (4I) and Forty-two (42), or either of them, or upon any part thereof, which
shall project Ober the building line indicated on sad& plat,-angt any such building
shall be so designed as to produce am harmonious effect in conjunction with dwelling
houses of the Value prescribed for the erection on the lots immediately durrounding
the same in this plat. Before procee ing with the erection of any building on said �
lots, or ay.part thereof, plans therefor shall be submitted to and approved by the
City Plan Commission of the City of South Bend, or other governing authority.
Section. 10. Minimum cost of Residences.. Any residence erected wholly 1
or pattially on any one of the following lots, or part or parts thereof, as indicated
in this restriction, shall cost not less that the sums designated, as follows:
Lots I to 16 both inclusive I0,000.00
Lots 17 to 39 both inclusive 5,000.00
f Lots 43 to 62 both inclusive 4,500.00 �I
Section II. Each of the restrictions above set forth shall continue and
be binding upon the owners of said lots, for a period of twenty-five years from July
Ist., 1927, and shall automatically be -continued thereafter, for a further period
of twenty-five years at the end of which period they shall be released; provided,
however, that the owners in fee simple title to a majority of the front feet on
Jefferson Blvd., or Svnnymede Avenue may release all or any part of the land fronting
on such a street, from any one or more of said restrictions, by executing and
acknowledging an appropriate agreement or agreements in writing for such purpose, and
filing the same for record in the office of the Recorder of St. Joseph County, Ind.,
at any time after July Ist. , 1947, and Such agreement shall be effective and said
restrictions released five (5) years after the date of the filing of such agreement;
and provided, further, that the owners in fee simple title of eighty (80) percent
of, the front feet of all the lots fronting on either such street may effect such
release at any time after the expiration of said twenty-five (25') year period, by
executing and filing for record an agreement thereof, in which event such restriction
12
Hednesday Evening lay 18th., 1927.
dhall be released one (I) year ,after the date of such filing..
Section 12, All restrictions herein set forth shall be deemedto
e covenants running with the land, and shall bind Emma Goetz, her heirs and assigns;
and all persons claiming by, under or,thru her shall be to yen to hold, agree and covenant
with her and her heirs and assigns, and with the purchasers of the respective lots or plc
in this plat, and with each of them, to conform to and observe said restrictions. But
no restriction herein set forth shall be personally binding on any person except in
respect to breaches committed by such person during his seisin of or title to said land;
Viand the said Emma E. Goetz and the owner of any of the above land shall have the right
to sue for, and obtain, an injunction prohibitive or mandatory to prevent the breach
lof, or to enforce the observance of, the restrictions above set forth, in addition to
ordinay legal action for damages; and the failure of any owner or owners of any other
,lot or plot in this plat, to enforce any restrictions herein set forth, at thetime of
,1 violation, shall in no event be a waiver of the r:'.ght to do so thereafter.
In witness whereof the said Emma E. Goetz has hereunto set her hand
and seal this I4th. , day of May 1927.
Signed Emma E. Goetz.
State of Indiana, St. Joseph County:SS
Before me, the undersigned., a Notary Public in and for said County
and State', on this I4th., day of May, 1927, personally appeared Emma E. Goetz, and
acknowledged -the execution of the above and foregoing instrument,.
�itnes my hand and notarial seal.
. 1 signed Helen E. S teinhoffer, Notary Public.
N7 commission expires Mavch I5th. , I930."
This being the date set, hearing was had on Improvement Resolution
No.I8I6 for the pavement of Woodside Street from Fellows Street to a point 120 feet
west of the west line of Dale Avenue.
In the above matter, no remonstrators appeared and no written
remonstrance was filed, and the Board being fully advised in the premises, finds that
the benefits accuring to the several lots and parcels of land liable to be assessed
for said improvement, will be equal to the estimated cost of the improvement as.reported
by the City 1�rigineer. Therefore, the Board decides to tastain all former action taken
on said Improvement Resolution and declares same in all things ratified, confirmed and
approved without modification.
In the matter of Improvement Resolution No.I8I2 for the pavement
on LaSalle Avenue from Main Street to a point I7 feet West of the East line of Lot 4
in Yillers Sub. , and also Improvement Resolution No. I8I3 for the pavement of Lincoln
'flay west from the north line of LaSalle Avenue to the Test line of Cottage Groove
Avenue, the Board hereby orders that this Board at it's office in the City Hall on
June Ist., 1927, at 7-I5 P.M., will receive, open, read and consider sealed proposals
for -the construction of the above named improvements. Board further orders that
notices of said sealed proposals shall be published on the 20th., day of May and on
the 27th. , day of May, 1927, in the South Bend News Times and Tribune,
In the matter of Improvement Resolution No.I8I4 for the pavement
of Lincoln Way West from the west line of Cottage Groove avenue to the west line of
"i ilber Street, the Board hereby orders, that on the 8th. , day of June, 1927, this
Board will receive, open, read and consider sealed proposals at 7-I5 P. M., fpr the
construction of said improvement. Board further orders that notices of said proposals
shall be published on the 27th. , day of May and on the 3rd. , da r of June I927 in the
South Bend News Times and Tribune.
In the matter of Improvement Resolution No.I8I5 for the pavement
of Lincoln May West from the west line of Wilber street to the West line of Olive Stree
the Board hereby orders that on' the ISth. , day of June, I927, at 7-I5 P. LT., this Board
"At it's office in the City Hall will receive, open, read and consider sealed proposals
for the above named improvement. Board further orders that notices of said sealed
{ proposals shall be published on. the 3rd. , day of June and on the IOth. , day of June,
I927, in the South Bend News Times and. Tribune.
v,
City Engineer, Mir. H. G. Wray, reports that Carl D. Traxler, contras
on the South-east Trunk Sewer, has satisfactorily completed the construction of same
according to the specifications adopted by the Board. The Board, therefore, upon Kr.
,.try*s recommendation, accepts said South -East Trunk Sewer under Improvement Resolution
N'o:I635 and sets the 15th, day of June I927 as the date for the hearing. on the final
As.aessment Roll for said Improvement,
President
attested:
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