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HomeMy WebLinkAbout01/08/1924 Board of Public Works MinutesTuesda nuary 8th.,1 11. Board met, in regular session at 9:00 A.M. All members present. John A. Hibberd appeared before the Board and took up the matter of the suit against the City in regard to.the Oakland Street grade, curb and walk contract, and assessments. This matter deferred until Wednesday January 9th., 1924 at 9:00 A.M. Dedication of Walnut Third Addition approved as'follows:- WALNUT THIRD ADDITION. The annexed plat is a plat of Walnut Third Addition to the City of South Bend, St. Joseph County, Indiana, and comprises the following described tract of land, to -wit: -» A part of the southeast quarter (�) of Section 150 Township, 37, North, Range 2 East, which parts is bounded by a line running as follows, viz; Begin- ning at a point 28� rods west of the northeast corner of said southeast quarter ) ) of said Section 15; thence running west on the north line of said lquarter Section 28g rods; thence south to -the center line of the Sumption Prairie Road* now Prairie Avenue thence northeasterly along said center line 66 a point due .south of the place of beginning; thence north to the place ofbeginning, and being Lot No. 3, as shown on the plat of the partition of real estate of Emily Perkins, deceased. Excepting therefrom first; Beginning at, the point of intersection Of the east line of said Lot No. 3 with the north line of Prairie Avenue; thence running north on the east line of said lot No. 3, a distance of 16 rods; thence west 10 rods; thence south to the north line of Prairie Avenue; thence northeasterly on said line to the place of beginning, containing 1 acre, heretofore conveyed to Edwin L. Perkins. Excepting Second: Beginning.at a point on the north line of Prairie Avenue at a point 10 rods east of the west line of said lot No. 3 thence running north 16 rods; thence west 10 rods tot a west line of said lot No. 3; thence south along said west line do the north lin of said Prairie Avenue thence northeasterly on, the said north -line to the place og beginning, containing 1 acre, heretofore conveyed to Harvey,H. Perkins. Excepting Third: Beginning at the northeast corner of said lot; thence runnin� south 120 feet to the north line of Indiana Avenue; thence west along said north line 28-� rods to the west line of said lot thence north Tong said west line 120 feetto the north line of said lot; thence east along said north line 28-2 rods to the place of beginning, heretofore conveys to Chester A. Perkins. Except ng Fourth: A strip of land 60 feet in width, taken'off of and from the entire length of the north side of that part of the above described lot No. 3.which remains after the foregoing exceptions, heretofore taken and appropriated for the opening of Indiana Avenue, in the City of South Bend, • The plat contains ninety-six (96) lots numbered from one hundred forty-four (144) to two hundred thirty nine (239) inclusive. The size of the lots and the width of streets and alleys are marked do the plat in feet and decimals thereof, The streets and alleys are hereby dedicated to the public for use as public highways. In Witness Whereof Alex Langel and Mary Langel his.wife , Eli F. Seebirt and Elizabeth G. Seebirt, his wife, and Daniel D. Schurtz,.single and of full age have hereunto set their hands and seals this 23rd. day of November, 1923, STATE OF INDIANA ALEX S. LANGEL MARY R. LANCrEL ELI F. SEEBIRT FLIZABETH G. ' SEEBIRT DANIEL D. SCHURTZ D.L. JOSEPH COUNTY Personally appeared before me, the undersigned, a Notary PUblic in and for said County and State, Alex Langel and Mary Langel, his wife, Eli F. Seebirt, and Elizabeth G. Seebirt, his wife, and Daniel D. Schurtz, single and of full age, and acknowledged the execution of the above and foregoing plat. Witness my hand and notarial seal. SILVYA K. GOETZINGER My Commissdnn expires Nov. 14,1927. Notary Public APPROVED JAN. 8,1924. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Tuesday January 8th., 1924. Continued. PLAT OF LINC,OLN TERRACE ADDITION APPROVED BY THE City Planning Commission November 1st,., 1923 was approved this 8th. day of January 1924 by the Board of Public Works with the following dedication=- LINCOLN TERRACE ADDDITIOR. The annexed Plat is plat of Lincoln Terrace Addition to the City of South Bend, St. Joseph, County, Indiana, and comprises the following tract 0 of land,`towit.- Beginning at the Southwest corner of lot number Ten (10) Kensington Addition.; thence North twenty-two (22) degrees and Thirty-two (32) Minutes east along the westerly line of said lot ten (10) one hundred forty seven and six tenths (147.6) feet; thence north along the west line of Kensington Addition fourteen hundred sixty-six (1466) feet to the North line of Section thre (3) township thirty--sfimen (37) north range two (2) East; thence west five hundred six and six thenths (506.6) feet; thence North two hundred twenty four and twenty five hundreths (224.25) feet; thence west seven hundred fvby six and five tenths (746.5) feet; thence South eight hundred twenty-four and twenty five hundreths A824.25) feet; thence west five hundred seventy (570) feet; thence south two hundred sixty --two and eight tenths (262.3) feet to the Northerly line of Lincoln Highways; thence Southeasterly along the Northerly line of Lincoln Highways to place of beginning; excepting therefrom lots thirty-seven (37) , thirty-nine (39)'and forty one (41) in Kaley's Seend Lincoln Highways Addition. The plat contains -two hundred and thirty four (234) lots numbered from one (1) to two hundred and forty (240), inclusive; excepting numbee twenty (20)9 twenty-one (21) twenty two'(22) twenty-three (23) twenty four (24) and twenty five-(25). The size of the lots and the -widths of the streets and alleys are marked on the plea in feet and decimals of feet. -The streets and alleys are hereby dedicated to the public for use as public highways., Be it known that lots numbers One (1) to six (6) abd twenty six (26) to twentyeight (28)°inclusive, shall be restricted so that no dwelling shall be erected on the same which shall cost less than six thousand dollars ($6,000.00) . Be it further known that lots numbers two hundred and fifteen (215) to two hundred and nineteen (219) and two hundred and twenty nine to two hundred and thirty three (233), inlusive shall be restricted only as privided fe in the Zoning Ordinance of the City of South Bead, Indiana, and that lots numbers seven (7) to Nineteen (193 twenty nine (29) to forty four (44), and one hundred seventy (1 70) to one hundred seventy six (176) , inclusive, s all have no dwellin erected on ame which'shall cost less than five thousand dollars ($5,000.00� and that all lots lying north of the alley north of Humboldt Street, and north of the alley north of Lincoln Play West and Goodland Avenue, shall have no dtvellin * erected on same which shall cost less than four thousand Dollars ($4,000.00� Doklar's, and that the Front line set back shall be as indicated on the plat and that the side line set back shall be as provided for in the Zoning Ordinance of the City of South Bend, Indians. JEFFERSON IMPROVEMENT COMPANY CITY PLAN COM14I SSION BY R. B. MCINERY, Pres. i APPROVED By W. A. Mcinery, As Nov. 1,1923 Secy. M Wm. Happ Pres. AT C. T. STATE OF INDIANA. COUNTY OF ST. JOSEPH SS Personally appeared before me, a Notary Public in and for said County and State, Jefferson Improvement company , by R. B. McInery ad•President and W. A. McInerny as Secretary and acknowledged the execution of the foregoing plat. WITNESS MY HAND and Notarial seal this 7th. day of January 1924. My Commission Expires April 14th., 1925. SEAL ABPROVED JAN. 891924. BOARD OF PUBLIC WORKS BY L. B. SLAUGUTER President. WILLIAM P. FUREY Notary Public Tuesday January 8th., 1924. Continued. Mr. R. R . Smith MgR. Chicago, South Bend ' Northern Indiana Railway Company appeared before the Board and presented agreement or contract which was approved as follows:- ' AGREEMENT. This agreement, made and entered into this 8th. day of January 1924, by and between the City of South Bend, Indiana, by and through its Board of Public Works, hereinafter called the first party, and the Chicago, South Bend & Northhrn Indiana Railway Company, a corpoation duly created and organized under the laws of the State of Indiana. hereinafter called the second party, WITNESSETH: That CONSENT, PERMISSION AND AUTHORITY Are hereby granted and given by the first party to and 'vested; in the second party, its successors and assigns, subject, to and upon the conditions hereinafter specified, to operate vehicles, commonly known as motor busses, for the purpose of carrying passengers, for a pertDd of ten (10) years from date of this agreement, over the following route in the City of South Bend. Starting from the corner of Washington and Main Street, south on Main Street to Jefferson; west on Jefferson to Lafayette; north on Lafayette to Colfax Avenue; arrest on Colfax Avenue to La. Porte. Avenue; northwest on La Porte Avenue to Walnut Street; south. one Walnut Street to Linden Avenue; west on Linden Avenue to Olive Street; north on Olive Street, to Kaiey School, returning over the same route to Colfax Avenue and Lafayette Street, thence east on Colfax Avenue to Main Street, and south on Main Street to the starting point. ' THE SAID SECOND PARTY agrees to operate its said vehicles over said streets in accordance with the regular time schedule, adequate to the convenience and necessity of the inhabitants of said city. THE SAID PAIRST PARTY AGREES NOT TO ENTER INTO A SIMILAR CONTRACT, granting a similar right to any other applicant, covering the same streets, unless such applicant first files with the Board of Public Works of said City, a verified statement to the effect that public voneenience and necessity require the granting of such second right, and which statement shall be signed by a sufficent number of residents along the streets over which application is made, to show such public necessity, rpoviding that if such statement is filed, granting of such contract shall rest in thediscretion of the said Board of Public Works. NA D WHEREAS'the public desires the service along the route hereiribefore specified, and said second party desires to render the service if it is practicable to give same, bu neither party hereto now knows hhether such service can be practically and profit- ably rendered, therefrom it is expressly agreed that said second party shall have the right to cancel this contract at any time within a period of two years fr#pm the effective date thereof, by giving three months notice in writing to the said first party through its Board Of Public Works. IT IS FURTHER AGREED by and between the parries hereto it -ha t irr the event that the route hereinbefore specified does not serve the bent inter4sts:of the traveling public, then the City, through its Board of Public Works shall"have the authority to grant minor changes in the route on petition of the Railway Company, which shall show the necessity for such change. ' THIS CONTRACT shall be in full force and effect from'and after its approval and confirmation by Ordinance passed by the Common Council,`and approved by the Mayor of said City. In -WITNESS WHEREOF, the first party has hereunto caused its name to be signed by the mebers of the board of Public Works of the City of South Bend, and the said second party has caused it name to be signed and its corporate seal to be affixed by Raymond R. Smith, its Vice President and Oren A. Small, its Secretary, dully authorized thereto the day and year first above written. No advertising to appear outside of cars, other tha n the name of the line, after June 1st., 1924, BOARD OF PUBLIC WORKS OF SOUTH BEND, INDIANA. L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER CHICAGO,' SOUTH BEND, & NORTHRN INDIANA RAILWAY COMPANY Atteste:_ BY RAYMOND R.' SMITH, 'Vice Preside' t. Oren A. Small ,Secretary. SEAL 14 3 �� And, be it further .resolved, by'said Board'of Public Works that the form of the foregoing contract of the Chicago, South Bend & Northern Indiana Railway Company has been determined upon for adoption and Wednesday January 23rd.9 1924 at 7:30 P.M. at the office of said Board of Public Works of South Bend, Indiana, be fixed as the time and'place when and where this contract shall be finally considered and a public hearing; thereon shall be had, and at which time protests against any or all of the provisions of said contract shall be heard and con!71de'red, and that notice of the time and place of such hearings shall be given as regtirdd by law. Atty J. W. McInery appeared before the Board and presented petition for the vacation of Johnson Street and alleys in Realty & Construction Company First Addition to City. Same read and placed on file. Bids were received opened and read on the Disposal of garbage in the City as followe:- Bid of Lantz Bees. & Schrock, Jan. 8,1924. We h�°reby agrc.a to pay 55 cts. per ton fbr Hotel and Restaurant garbage at the garbage station located on lots Nos. 26927 & 28 and 29 in Miller ad and Green's Addition in the City of South Bend, Ind. E. C. LANTZ ALVA I,AITMes CHRIST SHROCK Alternative bid: Will take away all garbage collected at station free of charge. E. C. LANTZ FILED ALVA LANTZ JAN. E,1924. CHRIST BEROCK BOARD OF PUBLIC WORKS BY EX L. B. SLAUGHTER President, . Affidavit attached, and certified check. - Bid of Harry Conley : ,TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. The undersigned, Harry Conley, Detroit, Michigan, hereby submits his bid for the removal of garbage, according to the advertisement for the removal of garbage in the City of South Bend, under the following terms and conditions and at the following prices: - Two Dollars ($2.00) per ton of two thousand pounds each, to be paid the said Harry Conley, removed from the central'loading place of the City of South Bend, Indiana. The said Harry Conley not to remove or handle any dead animals. The said Harry Conley to use his own design of body. Said Body, however, to be properly covered, and approved by the Board of Public Works of Souh Bend, Indiana. The City to provided transfer point and make araangements to load such garbage from its tanks into the vehicles of th4 sadd Harry Conley, Dated Jan. 891924. HARRY CONLEY Alternative: If the City delivers all garbage in trucks of dump wagons into his feeding farm, the location of such farm to be approved by the Board of Public Works, One ($1.00) Dollars per tone to be paid the said Harry Conlly for hangling and takinf cage of such garbage. FILED WRY CONLEY JAN. E1;1924. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. K& Tuesday January 8th. 1924, Continued In the Coregoing matter the Board decided to defer action on said garbage bids until Friday January llth., 1924 at 7:30 P.M. Complaint about street light on an arron post on Peashway Street the post stands directly in front of the cement walk and blocks the entrance to the dwelling at 117 E. Peashway Street. The inspector reports as follows on same: This light belongs to the Indiana & Michigan Electric Company and this light should be reset to the west 4bout 10 feet. Same approved. Petition filed for light on Oak Park Court between 1st. alley .past of. Marine Street. & Miami Street. Same referred ti pole and wire inspector for report. Petition filed for light on Elmer Street and Prast Street. Same referred to the Pole and Wire Inspector for report. Engineer reported on eompIdInt riled about sidevi,lk and curb broken on 921 South 14th., Street as follows: - The inppce-ior:,or__.this job Mr. Stallard reports that this walk and curb were broken bedore 11he eo►41.Y:,ctor commenced r orl-, and says that the Con- tractor did not cause the damage. And Approved as report Jan. '8th,1924. Board of Public forks by L. B. Slaughter arson, City Engineer. President. o i Renewal certificate for the Aetna Casualty & Surety Company of Joseph Colbert.exsavation bond for the sum of One Thousand ($19000.00) 'Dollars was approved. Rinancial report of the Building Commissioner for the month of December and year 1923 was filed with the Board. Partial estimate allowed Alex Bukowski for grade, curb and walk improvement on Monroe Strzat Park Addition at ...... ....$6,103.00 Partial estimate No. 2 allowed I,.•H. Webster for Sub. Trunk sewer on St. Peter Street from South Bend Avenue to Napoleon Street, Hill Street from Napoleon Street, St. Louis Blvd. from Napoleon Street toHoward Street and St. Vincent Street from St. P&ter Street to Hill Street, and Napoleon Street from Si,,. Peter Street to Hill Street at........$39836.00 Inspector reported on petition filed for lights on Parkovash Avenue°and Lafayette Street, as follows: - I beg to recommend an arc light be placed on the property line of Lot No. 404 Parkovash Avenue subject to -consent -of the property owners allowing the wires'strung between lots 404 and the next lot. APPROVED Thos,. H. Beaning. JAN. 811924-6 BOARD OF PUBLIC WORKS BY L. B . SLAUGHTER President. Partial estimate allowed for pipe sewer on North Shore Drive from Iroquois Street to Parkovash Avenue, Marquette Avenue from Iroquoise Avenue to Parkovash Avenue and Prkovash.Avenue from Iroquois Street to Marquette Avenue to Gust F. Santry Company at .......... $810.74 V Certificate of Architect on police and fire alarm station approved fee $ 6,826.00 allowed to Hay --Weaver Company. Court orders received read and placed on file in regard to appeal from assessments on River Park No. 2 sewer assessMents by Norman R.,Shambleau and Walter J. McIntyre, as follows:- Tuesday January Sth._, 192/ Continued. 't No 8426 ; STATE OF INDIA.NA ) ST. JOSEPH COUNTY ) SS In the St. Joseph Superior Court No. 1. November Term, 1923. WALTER J. MCINTYRE ) VS ) THE MUNICIPAL CITY ) ORDER. OF SOUTH BEND INDIANA. Come now the parties b1i counsel and said cause being sub- mitted to the Court, and the Court having heard and considered the evidence add being duly advised in the premises, finds that the assessment of benefits to the property described in plaintiff's complaint should be in the sum of Three Thousand -Six hundred forty-three and 75/100 ($3,643.75) Dollars, and not four thousand one hundred forty-three and 75/100 (4,143.75) Dollars, as assessed by the Board of Public Works of the City of South Bend. _ It is therefore ordered and decreed that the said Municipal City of South Bend shall pay to the plaintiff herein, Walter J. McIntyre, the sum of Five Hund 0500.00) Dollars, on account of such excessive assessment, and the costs of this action. And it is hereby ordered and decreed-�. that, the Board Of Public Works of said Municipal City shall make payment of said sum of Five hundred ($500.00) Dollars and the cost of this proceeding, out of &It any funds appropriated by the Common Council of said City for such purpose,,and said Common Council shall make such necessary appropriations to enable.said Boad Bard of Public Works to make said payment. J. FRED BINGHAM NUDGE ST. JSEPH SUP rRIOR COURT NO. 1. STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS I, Wilbur Ii4. ' VYarner, Clerk of the Sdperlor Court No. 1, within and for the County of St. Joseph and State of Indiana, do hereby certify that the above and foregoing is 4 full.,tnue, complete and correct copy of the final order add judgement as the same appears upon the records of said. Court, ad and in my custody is Clerk. In testimony whereof, I have hereunto subscribed my,name and, affixed my Seal of said Court this 5th.9 day of January 1924. WILBUR M. WARNER Clerk BY JOHN LOCHMONDY (seal). FILED _ 'Deputy. IN OPEN COURT JAN. 411924. WILBUF M. WARNER ST. JOSEPH SUPERIOR COURT NO. 1. STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS Norman R. Shambleau ) vs ) The Municipal City ) No. 642>7 FILED JAN. 7,1924. BOARD OF PUBLIC WORKS BY VERONICA C. SWEENEY Clerk. ' In the St. Joseph Superior Court No. 1. November term, 1923." " " of South Bend, I ORDER. Indiana.< Come now the parties by counsel and said causg being submitted to the court, and the Court having heard and considered the evidence and being duly advised in hhe premises; finds that the assessment of benefits to the property described in plaintiff s complaint should be in the sum of One Thousand Two hundred fifty nine and 75,100 ($1,259.75) Dollars, and not One Thousand Four Hundred fifty nine and 759100 01,459.75) Dollars, as assessed by the Board of Public Works of the City of South Bend. It is therefore ordered and decreed that the said municipal City of South Bend, shall pay to the plaintiff herein, Norman R. Shambleau, the sum of. Two hundred (82,000,00) Dollars, on account of such excessive assessment, and the costs of this. action. And it is hereby ordered and decreed that the Board of Public Works of said City Munici Ql City shall make payment of said sum of two hundred (-$200.00 Dollars and the cost of.this proceeding, out, of -any funds appropriated by the Common Council of said City for sue purpose, and said Common Council shall nake such necessary appropriations to enable said Board of Public Works to wkamx make said payment. STATE OF INDIANA ST. JOSEPH COUNTY and for the County and foregoing is a judgement as the s affixed the Seal o ( SEAL) . J. FRED BINGHAM JUDGE ST. JOSEPH SUPERIOR COURT NO. 1. SS I. Wilbur M. Warner, Clerk of the Uperior Court No. 1. within of St. Joseph and State of Indiana, do hereby certift that the above full, true, complete and correct copy of the original order and me appears upon the records of said court, and in my custody as Clerk. In Testimony Whereof, I have hereunto subscribed my name and said Court, this 5th. day of Jan. 1924. WILBVR M.,, WARNER Clerk BY JOHN LOCHMONDY Deputy. FILED in open Court Jan. 41,1924. WILBUR M. WARNER, Clerk ST. JOSEPH SUPERIOR COURT NO. 1. FILED JAN. 7-91924 . BOARD OF PUBLIC 'WORKS BY VRONI CA C. SWEENEY Clerk. The following bond and contract approved: Public Improvement Contract MAENT :Made and entered into this.. seventh by and between S.1:. U: �ekerinan St. Jose nrh w.,,,p �a i^ p Indiana th� Q� � . • • • • . ♦ ' • ♦ .. P PA.....and State of ............ I . V*O*e ��►�ra�tx�a�E`tex referred to as the 4'Irkntaractarl9), and the City of South Bond t ie 00 ►ty of St. Joseph,, ad statue af Indiana, by =, throng its Board of is $s Ebarainafter referred to as the .. City, y J , deg and by virtm of an. Adt of +A* %jor4l Assembly of the State of Indiana, entitled. `6An Act C'4zwi 161 WX (XMporatioxms, " approved March 6., 19 05, and all amendatory` and KWUMAMM &0+4 t m eto %: - Witnesseth, that the contractor covenants and agreesoto construct a sewer on Swygart Avenue from Indiana Ave. to Prairie Ave. in the City of South Bend, Indiana at and for the following prices: - 325 lin ft. of 15" pipe, per lire ft. $2.50 349 lin ft. of 12" pipe per lin ft. 2.00 188 lin ft. of 8" pipe per lin ft. *go 240 lin ft. of 6" house connections per lin ft. 1.20 22.6 lin ft. of manholes per lin ft, 7.50 8 stotm water grates, each 10.00 2 manholes curbs and covers, each 16.00 4-6" X 1S" dye s "each....:::.-:.-:.-.-:: - - - 2.00 6' X 12" Wyes each 2.00 V51 ed. 410 to perforrn all Work in the prosecution of said improvement under and according to th,& .tom Md fan; dltlofm of Improvement Izesollition No adopted by the Beard of Publle Works.--, and the plans, profile x.nd spccif"ica*ions on file i't the office of tb Department of Public Works, which said rezolution, plans, rtoftle atid specifications are made a part hereof as .fully and effectually as if copied and., act out herein at full length, . The contractor further expressly ;!l covenants and agrees that in the prosecution of said work all proper akin ai'd care r-he exercised,; th-it he '- a 1% all excavations and dangerous places, fald vill um -all date a"" p' her pra^a'itron tc or '::'r v jtr- ` , pry person; or prc->rtv- that in the event ref anyinjury or darn" e resulting from the -w- ,. �� ;' frorn n ,v =" ter or thin" �onnent-d therewitli or artsing therefrom, to any person or property, h.V � !l p3v a tic,, date the same at his own expense, and is- surnethe liability therefor; and in the event of a.iry .'a_ri or cla.tnis being made or.s.ny action or actions being a brought against the city by reason or on ccount bf or grut ,ing out of s� id1 work or its construction, the slid contractor will at.his own expense defend the same, and:'ill pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents 'or representatives from all coast, ease, payment or judgment recovered in connection with such claim or claims, action or actions. And if Wn ten days after any such action is begun, the city shall notify, the contractor of the pendency thereof, then Aril judgment rendered against the city shall be conclusive against the contractor and against the surety on his, construction bond, as to th-- amount, liability and other matters pertaining thereto. And the Gonttactor agrees to maintain said improvenent ar:d liial:e such repairs as may be necessary the eriod and in the mariner as fixed by the specifications, and to secure the maintenance and repair thereof -to a with the Board o?"public Works a bond°with sufficient surety thereon and in an amount as fixed by the specifications. And. in doing such repair work the contractor and the.surety on'his guarantee bond shall be subject to the satne liability to the city and any other person for any injury or damage tp any person or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. tlhtd it is furthes'hgre"d by,. `and between said f. rt,.-s that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the pr+av;s- lops of this contract, nor shall it release said con' ractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be'prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The Contractor agrees to pay for all labor and materials used or furnished to be used in the making of, such improvement and in the performance of this contract, whether done & furnished for him, or his agent,. assignee, successor or subcontractor: and the city may reserve out of any allowance made on any,estimate in favor of the contractor or'-:. assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma' tcessary to pay all laborers or materiai men for amounts due them for work done or materials use'a or 'urnished to be used in the performance of this contract and t`he doing of said wore, and the county treasurer, actuig'as city treasurer, may retain money collened from property owners assessed for said improvement to pay such debts or until the contractor ihowo that they have, been paid •)r satisfied :e co.,- -a c- 4a.ecs to reruo•-, all ruYjish. earth, and unused material in the streets or sides ther€rol. ,-,Von the completion of the improvement or the repairing thereof. The work of making siich improvement shall be completed according to the terms of this eontratt on of beforethe.-....--- -------------------------------------------- ----- -------- - --- ------dav of--------...-----------------......._........................- 1�,........., unless the time for the completion of the sar-e shall be extended in writi^g by the Board of Public Worlrs, And it is agreed that any such e_eten,ion of time. or any altera~ion of this contract or of the manner or meth- od. of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this c tract. or sub -let the work or any part thereof to be done hereunder, without the vvrit`en o:. n*_ of the Board P-hlic Works. It is further agreed and stipula,cd that t'4c contractor shall give to residents of said city and county preference in the employrn _nt of all labor necessary in the Derfcrmance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the ternis and conditions of this contract. and things to be done and performed by said contractor the said city agrees.to cause the cost of doing such work to be assessed, col-, lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- n�:exits. To each of the Conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications acid resolation aforesaid, the undejsigned binds himself or itself, and the re-pective successor or assir-:; of sucO t ai t-ec. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this seventh day of January 1924. S. U. AGKERMAN CITY OF SOUTH BEND, INDIANA. Contractor. BY L. B. SLAUGHTER L. P.—HARDY' ALBFRT F. HONER Its Board of Public Works C©NS c _ UC' fCN COND That we_....-. -r $ s- •,Ater . ................ ... u �... . _ St . Jo sego State of__In princi- of the Cole : ty of ..- _..� --_— ---, pal, and _ American Surety' Companyo f New York .. .._..._._.....and State of.,..,,, �. New Yq k of the County of -.- ------�------ _ as sureties} are held and firmly bound to the City of South Bend, Indiana, is the sum i Ong_Th ©f=• �,11&B21F# for the payment of which, well and truly to be iria$�, vird jointly and severally bind ounolves, atir heirs, executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above natned_ huyler U. Aak erwan i if f ttfx ail , ce,Aii y i with file foaiegrSitig cldhtract, made and entered into the.-----.. � �, _ tlar� � __ __.�� 4 24, gV► , �Q Y7,'•' with the City of South Ber_d, Indiana and shai ftil, t a11�thPtjp1%F-n!toJbgi.v!1i1 k'er'ft6tned, aecording to the true intent ar_d mca,::na the eof, '.` All rC� ts, th x t is oril ffl- tlt�il:rtVisC to be and remain in frill force and virtue i7'..z�v In F'-- Cty s?r'll ctenihe tide % the completion of said work, such extension shall not in ti-1y i66e e ifl& surer e. op flits honk, . This shall be a construction bond, and the sus ,— .e�g or the OJ _e §�_ 411 not be held responsi�ite for the maintenance and repair of the improvement after it 1r,19 btcn n c p d by tlrz second party, but such sureties shall be held responsible for the faits-f'ul co:r..pl,ance! vitro �flt 0 ,, tr €bndlifions, 66pulati.cns a.rn.d reeliiixeer,ottts envered by or set out in she contr tit. _7 Tuesday January 8tih. , 1924. Continued.', WITNESS our hands and seals this _ ...SOVei1Lh......day of. ........ �Januar2.�,,... iiks ZICAV SURETY CUMPANY UP NEW YORK 8e si —& .............. (SEAL) _111t.... V:... ����:� ,.,.........� .....(SEAL). env ce resi er g - ...... `dl e ......�_..._.�.. .. �i -P' '�unnaho® Ze e t Aetiari� The above bond approved this ...... _.__.....8.1+h........... ....... day of....... .:M ...... .�anuetx�t�]..539..::...a L. P. HARDY .�................... _AM11'R'T` Brd of PubhcWor „ En i e e r filed. &sae . wenz roil and 'ri ai ' esi imate 'Kor NtNs kavemenip under I'itlprovement , r%, f .zd xrva: iff hAt,V",v.1 Avea.ue La S&lte Ave« esalu- a3 �`;(?. �.1. Bend, n 218• for ohs following improvement resolwtidua feu` the C11► o!' 8+onib, ri r I d1 1t. v ' r ✓ r: ° w . ' ' ltedr lftshI ►ef Avoune t® Lft 36116 �h►s,► ter ��re'� � . L ATOM" !q��N»t itssolntion No. Grade, eurb:and walk on Kessler Blvd. from Marquette Avenue to North line of Portage Avenue under Improvement Resolution No. 1207.: Grade, curb and walk on MoCartney Street from Portage Avenue to alaine Avenue under Improvement Resolution No. 1118. Grade, curb and .walk on Ken§all Street from Cali ort Street to Sherrill Steet under Improvemeat..Resolutign No. 11663. Grade,` curb an4: walk on North side.,of Kiayon Street from Portage .Avenue to Blaine Avenue under Improvement Resolution No.-1183. Grade, curb and walk on south side of Frast Street, from Johnson °street. to O'Brien Street -under Improvement Resolution No. 1123 Grade., curb and walk on South side _of.' Frederickson Street from Johnson Street toO`Brien Street, under Improvement Resolution No: 1126. Ripe sewer on Monroe Street from,Olive Street to Kaley Street, under Improvement Resolutton.NO. 1148.. Pavement on Indiana Avenue from Prairie Avenue to Olive Street under Improvement Resolution No. 1234. Resolved that .the entire work under the above resolution and contracts let thereunder.be`in all things accepted and approved and that said final estimate be allowed. R ve that id ti es i orm req d by 11��w a �bli h� n the. 9th. day N January g§84 11d on 41 16ti. day or fJanus y .in tFie S ut -Ben A w� Times and Tribune in said City newspapers of eneral eiroulation, setting and fixi the 23rd day Of January 1924 at 7:15 P:M. at the o fics of said Board"in the City Halls,-3auth Ben ., Ind as the time and place when this Board will receive and hear romonstrances against th# amounts assessedagainst each of the lots and parcels of land'on said rolls and will hear and determine whether such lots and parcels of land Will be specially benefitted by said ImpfRvoment by the amounts. stated and set forth in said: rolls. Emg as rfle ssUsjen� rQi and final estimates for the" following improvement resolutions-3n �eity o� oa on , n inns. Grade a d sidewalk on g verly P1 e H 111 ood P ee B��kle Place' Vjnw*iac+apcxtdi#ktssu Inglewood Place, Parkview Pace, Woolfa�rn lv�. Kessler �IWO, 9a� south) ng side of Oakwood Blvd. all in Aoodlawn Addition under Improvement Resolution No. 1206. G de, our and 1k on North Shore Drive. rq ette Aveue rkovwth Avenue all in North Shore Terrace first Additioa "der IMprove n .Reso ubian NO. 12?0. Resolved that the entiro--work under the above resolutions and oohtrao_A let. thereunder be in all things accepted .and approved and that said final eat na�.e be Resolved that said notices in form required by law ba .nailed " Or fiver filed and approved by the Board under datesof May 1st., 1923 and June 19th., 1923 w&iving.all advertising, and hearing on said rolls is hereby set on the 16th. day of anuary 2924 at 7:15 P.M. at the office off said Board in the City Halt,"South Bend, Indians as the time And plioe when this Hoard will receive and -hear remonstrances against the ameun sassaesed against each of the lots and parcels. of land on said roll'snd will hear and ditermine whether such lots sand parcels of land will be specially benefitted by said improvement by QA# amo"12 staled and 00 forth in sail rolls;