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01/23/1924 Board of Public Works Minutes
42 Tednesday January 23rd.1 192 . Board met in regular session at 7:15 P.M. All members present. e This being the date set for the hearng on Agreement between City of South Bend, Indiana by and through its Board of Public Works thnd the Chicago, South Send &1orthern Indiana Railway Company for the operation of Motorpr Busses on certain Streets in this City, y , Whereas on the Sth. day of January 1924 the City of South Bend, Indians by andthrough:its Board of Public Works entered into an agreement with -the Chicago. South Bend & Northern Indiana Railway Company sll as per agreement spread on Pages 13 and 14 0 Hof this reoord No. 12. And Whereas, according to law publications were given in the South Bend News Times and Tribune on the 10th.'day of January 1924 and were posted accord- ing 'law, and a hearing set for this 23rd day of January 1924 at which time no objectors appeared and no written remonstrance was filed and proofs of publications a nd-pesittftgs were filed by Atty. Gilliom on January 21st., 1924. . Atty. 'Gil.lism representing -the fhica s South Bend & Northern Indiana Railway.00mpany .being the only paRty pr*senti;t iterested in said contract before the Board, the hearing was then held by the Board and no objectors *qppeared and no written rejnoustrance was filed. The Beard thereupon takes final action on said Chicago, South Bend & .Northern Indiana Railway Company agreement by confirming same as adopted and referred same to the Common Council for their ratification.. The fp1lowing prrefs of publication were ordered recorded by the Board. State of Indiana , Personally appeared before me, the undersigned M. P. Reed Publidh*l of the South Bend News Times, a public newspaper of general circulation printed and published in the City of South Band, in the county aforesaid, who, being duly sworn. upon his oath saith that the notice, of which the attached is a true,eopy, was'pub- , lished in said paper for one time to-wit:S On the loth. day #f January 1924. M. P. REED - SubSRIBED and sworn to before me this llth. day of January 1924, ALIVE M. LATOSKI Ilk- ~ f. P. My Commissioner expires Printer'a $14'.20 Proof of agreement - Aug. 9$1925. FILED attached to above, as spvmd Jan. 21,1924. on Pages 13 and 14 of this record NO. 12. Beard of Public Works By Veronica C. Sweenoy � " Clerk of Board. STATE OF INDIANA tits=&* St . JRaph County Personally 4peared before me the undersigned Charles E. Crockett one of the publishers of the South Bejmd Tribune, a public newspapeer of general circulation , printed and published in the City of South Bend , in the County aforesaid, who being duly sworn upon his oath saith, that the notice of which the attached -is a true copy, was duly published in the Daily Tribune for one time successively to -wit:$ On the loth. day of January 1924. 1924. Charges $14.93 CHARLES E. CROCKETT Secretary. Subscribed and sworn to before we this 21st. day of January Clarence G. Livengood Notary Public. Mir Commission expires May 1091925, Copy of agreement as sparead on pa as 13 and 14 this record FILED attached to above. January . 21,1924 . BOARD OF PUBLIC WORKS BY Verouloa C e Sweea#y Clerk of i►� Board. 43- STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS AFFIDAVIT • Raymond R. Smith, being first duly sworn ®a his oath, deposes and says that an notice together with a copy of an agreement between the City of South Bend, Indiana, and.the Chicago, South Bend and Northern Indiana Railwau Company has been posted by the Chicago, South Bend and'Northern Indiank Railway Company in ten (10)-places in said City of South Bend, Indiana, at the following places, to -wit:- at the intersection of Hill Street and Jefferson`Blvd. at th intersection of Division Street and Lincoln Way East; at the interseotioh of Michigan Street and Division Street; at the intersection of Chapin Street and Washington Avenue; at the intersection of Chapin.Street and Division Street; at the intersection of Taylor Street,and La Salle Avenue; at.the intersection of Taylor Street and Lincoln Way West; at the'interseetion of'Michigan Street and Le Salle Avenue; at the intersection of Michigan Street and Navarre Street; at the intersection of Hikl Street and Le Salle Avenue an to -wit:- January 991924, That a copy,of said notieo and agreement, posted as aforesaid , is marked Exhibit "A" attached hereto and made a. part hereof. RAYMOND R. SMITH ° • Subscribed and sworn to before me this 2nd. day of January, 1924. ARTHUR G. GILLIOM My Commisslon expires 12/12 1926. Notary Public. (SEAL) EXHIBIT "A" NOTICE OF PUBLIC HEARING. ' Notice is hereby given to the public by the Chicago, South Bend and Northern IndiarA Railway Company that oh, to -wits that, 8th. day of January, 1§249 the Board of Public Works of the City of South Bead, Indiana determinedAhe exact form of a proposed contract between the -City of South Bond and the said Rai.lwfy Company, and that at said time said Board of Public Works fixed the 23rd. day of January 919249 at the hour of 7:30 o'clock P. M. as the time for final hearing and final,consideration of the said proposed contract,, and which said hearing will at said time take place at the e'ffice of said Board of PUblic Works in the City Hall building of the City of South Bend, Indiana; that the said Beard of Public Works on the said 8th, day of Janu4ry919249 determined the exael form in which said contract is to.be finally adop to beiin the words and figures - as contract of January 8th.9 1924 spread on Pages 13 and `14*k,of this roeord.al Hearing had on assment rolls and final estimates on the following Improvements: - Pipe sewer on Monroe Street from Olive Street to Kaley Street, under Improvement Resolution No. 1148. Filed January 8th.9 1924. Pavement on Indiana Avenue from Olive Street to Prairie :Avenue under IMprovement Resolution No, 12349.Filed January 8th.9 1924. Pipe sewer on Webster Street from Indiana Avenue to Webster St, under Improvement Resolution No. 1191. Filed. January 2nd., 1924. ' Pavement on St.'Pete#b Street from Wayne Street to Sorin Street under Improvement Resolution No. 1134. Filed'Janvary 2nd:9 1924. Sub -Trunk sewer on Chalfant Street from Eddy.Street to Walsh St. under Improvement Resolution No. ` Grade, curb and walk on North side of Bonmoyer Avenue from Michigan Street to Fellows Street, under Improvement Resolution No. 1127. Filed Jan. 291924. Board- ordered fMy ($50.00)' Dollars held up ' Graeae, oUrb and walk on Dubail Avenue from Webster St. to Walnut under Improvement Resolution No. 1186 Filed Jan. 2nd,1924.'Board ordered $150.00 held up until repairs oA lot 45 are cared for. Pavement on Lafayette Blvd. from La Salle Avenue to Jefferson' Blvd. under Improvement Resolution No...1242. Filed January 2nd.0 1924. Concrete pavement on Riley Place from St, Joseph RYver to First alley west o Riverside Drive, under Improvement Resolution No. 1245. Filed Jan 2,1924. Grade, curb and walk on Magnolia St. Kosiuszko St & PUlaski St. from Indiana Avenue to N. J. & I. R. R. Co, under Imprvement Reseution No. 1177 Filed 94 Wednesday January 2'i3s 192b . Contin�3, January 2nd., 1924. k Grade curb and walk on California Avenue from Lawndale Avenue to Sanoome Avenue, under Improvement Resolution No. ll49,.,Piled1Jan9,2,1924. Pipe sewer an Randolph Stream from Ceroline.Street to Robinson St._under Improvement Reaolution.NO. 1241 FileA,'Jan. 2,1924 Pipe sewer on Magnolia Stroot,from Indiana, Avenue to prairie Avenue, under Improvement Resolution No. 1190. Filed Jaf:.`,241 24 Pipe sewer on walnut Street. from. Indiana Avenue to �?rairie Ave under Improvement Resiution No. 1212 Filed:: Jap.: 2,1924. Pipe sewer n Calvert Street from Miami: Street . to Leser Street under Improvement Resolution Nb. 1088 Filed Jan. 2nd., 1924. Pipe 'sewer on Hancsck Street from Arnold Street to First alley East of Arnold Street under Improvement Resolution No. 1242 Filed Jak: 2,1924. Resurfacing of Eddy Street from La Salle Avenue to South Bend Avenue, under Improvement Resolution No, 1104 filed Deoember l9th.9 1924. Pavement on Sunnyside Avenue from,Washington Avenue to La Salle Avenue ender Improvement Resolution No. 1228 Filed January 8th.9 1924, Macadam pavement on Tonti Avenue from Lafayette St, to Iroquois Street under Improvement Resolut.ion'No. 1164..Filed January Sth., 1924. Grade, curb and walk on Kessler Blvd. from Marquette AAvenue to North line of Portage Avenue under IMprovement Resolution No. 1207. Filed January 8th.9 1924. Grade, curb and walk on McCartney Street from Portage Avenue to Blaine. Avenue under Improvement Resolution No. 1118 Filed Jan. 8,1924. Grade curb and walk on'Kendall Street from Calvert St. to Sherrill Street under Improvement Resolution No. 1163 filed Jan. 8,1924. Grade, curb and walk on North side of Kinyon Street from Portage Avenue to Blaine Avenue under Improvement Resolution No. 1183 filed Jan. 801924, Grade, curb and walk an South side of Prast St. from Portage Ave to O'Biren Street under Improvement Resolution No. 1123. Filed Jan. 8,1924. Grade, curb and walk on South side of Frederickson Street from Johnson Street to O'Birne Street caner Improvement Resolution No. 1126. Filed Jan. 8th., 1924. In the above matter no remonstrators appeared and no written rmonstrances were filed, The Board therefore find that the property assessed in the assessment rolls filed January 2nd., 1924 January 8th., 1924 and December 19th., 1924 are beneaitted in the amounts as shown on said rolls, and the Board further find that the final estimates allowed Jan. 2nd.0 1924 and°January 8th.9 1924 and Dec. l9th., 1924 should be and the same are hereby in all things ratified confirmed and approved, ers filed with exception of Grade, curb and walk on Dubail Avenue, Board - order $150.00 held up until lot 45 is put in good condition, and $50.00 held up . on grade, curb and walk on North side of Donmoyer Avenue until proper repairs being made. Hearing had on assessment roll and final estimate for concrete pavement on Wayne Street from St. Louis Blvd. to Eddy Street, under Improvement Resolution No. 1129. In the abofie matter remonstrators appeared and complained about rough condition.of pavement. Board decided to defer action on said roll until *a dnesday February 6th.9 1924 at 7:15 P.M. TO make a trip of -investigation. Offieal Bond of J. W. Fites for $1,000.00 approved by Board. Petition received from light on E. Eckman Street. Same referred to Inspector for report. Excavation bond of Anthony Kujowski approved. ICU aAN TEE BOND KNOW ALL MEIN BY THESE � �;i ;;, t"aai................ .. • . . • . ..... 37•fIt!12v :.x• • . • . • • . • . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . .....• • •"'i"l;i�i]'.IS. as principal and .................... .......... .....; ::,.' csa,• . eert�e„�; 9,"s7NI•�..... • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . • • • . • • •'.:'o �•; lS1t• ITlY� as sureties are held w�___ � -�.';oath fiend, Indiana,,.In the. s-M of ................................. ...... .. DOLLARS for the payment of a='_.i i, c+ -� � they bind themselves m their heirs, executor:, adm,1' ni t ator 1.:a, nS by these presents•„ ~ ' The Conditions of the above obligation are such that, whereas the ab0.,to6ov0 CiC:n *', �"J'�'R`• •'i[S%s_.:v.... ... • • ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . • • • • • • • .•t.::jJ;i�iS. has Comylet0d the Work under the contract for the construCtion Of'.:•. :... ►,s :14iPI i.t."I-'i i •'♦ 1 •'1 r r• 1 • • .-:."f-•! . • • • • ... . . .. . . . . . . . . • • ♦ ► + .. !v-r •s-a't• • ....l,.,:�,.:Z1:.�� �.".t.� r.o. ♦••........... ................... .. ...............•�.•.�.:....: ?+►�y 1. • • .'.:'! A • • . • • , o . . . ... . . s .' .: . . . . . . . . . . . . . .. • ....;� .'. `�'�`. �'�'.`,'--.''.�W� .ricer Improve_cnt n�I,t ....... by the Board of Public Works of said City oll 4;1:1e ..:..... .and whereas, the contractor, inci p1. ship and all materials used in t'ne F;orE. Lryi.Ea. gre; �: period specified he will at his own expense make all r a.i.rs v;!iicn ray become necessary by reason of improper workmanship or defective materials. Such maintainancet UoWeter, shall not include any damage to the pavement or to the foundation thereof or to any of the.' other items of work embraced by this contract resulting from any forces or circus tances beyond the control of the contractor, nor `s `it intended that the contractor shall become a guarantor of the plans and specir -cations furnished by the city. In case such repairs b^cc- e necessary the city shall give written notice to the contractor to make the :_ ,_ e, and in case of failure of the contractor to comwence auchrepairs (30) days after such notice is received, the city may make sL .-_ . - . its own e;_; ees or by independent Contre.ct, and Lay t..___ t he cc - __ and his sureties the reasonable cost of the re cEethe_ _ __. : `ie cost of the super- vision and inspection the: 1_all ..._:_ty (60) days after the expiration of said guarantee -period in ._ich to ;�. iy the contractor of any such repairs necessary on the date c:F su-.:1 expirQ.t-1,, i . Whenever (in case of _.pavement) the repairs necessary to be r no at the ei�: iration of the guarantee eriod shall amount to mere than fifty per cent. (50%) of the surface of anyone block, the enti ,'e of that block shall be taken up and relaid in accordance with the original specifications.. Now If the above bound .............................:........ ,._.._,.... �... shall for a period of..............years from date, maintain such._..-IT•=...-.-.-.-....:,E ...... . . . . . . . . . . . . .-. . .-. ..... and. during. such time Mahe a -ded by the foregoing guarantee that maybe necessary from an-: or disintegration of mater— ials, or which are made necess ticn in workmanship, and 8ha111 strictly observe and abide by sec`.' .............to .............inclusive,; of the General Specifications, here att�ol:ed and adopted by the Board of Public Works of said City and shall ful.f 4-1-1 all the coed itiops and stipulations relative to maintainance, therein contained, this obligation shell be-vbid:, otherwise to remain in full force and effect. The principal and sureties herein, each for themselves hereby r® reftRt that they have exat ine= the glans and specifi cations furnished by sari City fog+ said izprovc,ment, w nd they each hereby wayne any and all claims that they now or hcrea�fter nay have -th t ^_ _r`� 1 e'ces Sc during the guarantee period are fto to 4,fcot* or insiifffiwient recuirL�ents in said plans or specifications, anytlhin5 in said contract or S_'is foregoing gt„arantee to the contrary notwith- standing. , Witness our hand and seals this.....,:.. day of ....... .•....:.......19•... PRINCIPAL -. • • • • • • • • • . ......:. SU�'�ETY 1......•:..•:•'•:•:.•'• • �.•i:.'•UI•:• • • •,• ��:•``;ICI f:1`It4• ►�I+ili�iiZllbR�JZ. SURETY URETY iOW ALL MEN $ THESE PRESENTS that • ...-::y- ...-....... ,.�.� • • i, ., i::..;. 'i +'..ii':L•�-'•.:.;a •'. • •r•-•• • • •• •,• • •+ • e • • • . • • • • • . • • • e • • • • • • • • • • ••.`+ •"3i.r•::e ••:•�%.� • ���%;i"� aeyiii.}.;a`�•.;a'+t='a as principal and ................................. �e. a':�•.a..e?..�f:..`i •+e.•••••••••••••+••.••-►•••••••+.•••••••, •• .............. e'Y...-. ti'.'i�l �eea•%`esi1' as sureties are held and firmly bound to the amity o-i South Bend, Indiana, in the DOLLARS Burn of ................ ..... • ..........' ..... , '. t:'or t the pa dment of which, well and truly,to be made, they bind themselves,; i9or hey-ma`s: a�g0u+moors, administrators and assigns by these pr�es6ttSo The conditions of the above obligation are -auch that, whereat the tbovetftnd .•........................... .+•Jlr--.+►.•............ I.......•a•♦•••••.i)i _::•9:..;�{4 Completed the Work under the contract for the construction of;. ems`-4� �0 W! X`� _. .......'......... =caizt 4:64, ... ....:e:. , ..-...:':,................ ... ...... ••:•; 1-•.• • • • • • • • • • • ♦ • • • . . . . . • . . . . . . . . . . + .. • • • • • . • • • • • • . • • • • • • • •'• ! • •:Ri•'�. r�•'•x+ +Qe�'- � •'� •rr.'r••••••••.. ....... ...» • • •. .•• •.•....••••.•• under Improve`e:�t.rM�;;? �i . _, ............_ v _-.T by the Board of Public dlorl�s of said Cit; �.�, :e• ... , ........: ..+etnd aP�, ., p1'i� *py.' r ' anshi and almtaie2, ,.he contractor, - - - - Lised in the work and ag_°e..� _. '. all an11 perio at his own expense make all_'elirs yr=iich raY become necess8 �%f .. improper workmanship or defective materials. Such maintain '! Ab shall not include any damage to the pavement or to the fount UX1LMV ' amy of the., other items of work embraced by this contract resulting ow AkW. forces or circumstances beyond the control of the contractor, nor is it intended that the contractor shall become a guarantor of the plans and speo` fS. cations furnished by the city. In ease aueh repairs bccc:,e necessary the city shall give written not"iee to the contractor to cake th-c C.r._x in case of failure of the contractor to commence such repairs (30) days after such notice.is received,1 the city may make _L---: - by its own ;,yees or by independent contract, and may t . , _ c:� the c� rand his sureties the reasonable cost of the _ -cgethc- _'.e cost of the super- vision and ins•t€lien t , ^a� 1 ? sty (60) days after the expiration d said guars --.tee peri.;d in .:__ich to ncti y the contractor of any such repairs necessary on the date of suca exr.irat4 1. Vaienever (in case of pavement) the repairs necessary to be rude at the e-,piration of the guarantee period shall amount to more than fifty per cent. of the surface of a ,:one bloc., the entire pavement of that block w=.ali be to-1--en up and relaid in accordance with the original specifications.: Now if the above bound...............................-._.....:.;.T..•, • • F•-Ui•.. .......... . . .. . . . . ... ... ...... . • • • • • • •. .. • • • • • • • • • • • • • • • • ..z._��C+J:+�•..•..�R:.!.•.. shall for a period of..............years from date, maintain sueh..x.aaz..r,�.f -.•. . • • • • • • • • • • • . • . • • . • • • • • • • . . . .. • . • • . • . • . . • • • • . • . • . . • . . • • •-• • • •'��•'•£.F.S.<`f'/ and during such time make all�r=-airy, ac r.rovided•by the foregoing -guarantee c:`.._'.-- .c��i <:- ing or disintegration of matare# that may be necessary from an; ials, or which are made neces:;ar Icy a y i::perfection in workmanship, and shall _.. strictly observe and abide by sect--' ,r.-,.............. to .. .........indlusi.vem: of the General -Specifications, hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the conditioTis-and- stil)tlatiaxts relative to maintainance, therein contained, this obligation shall be void, otherwise to remain in full force and effect. IM jjjW jVa1 Md #Weties herein, each f'Cr the08e17"S h*Z41W" 1994% %U0, 41WyMfg OaMi j, the Wlxns and specifications furnished by 9044 MY fU < foOrm sent &M thor each hereby naive any and all claims th�►ti@� rAi®Vi o�' 40 fAfter AnT have that =y guai rs necelss ry during the 6WOM00 P@�i t g gt� o inelzfficient reauire^=ents in said plans or ep0Qifi0_At-QnFAx mythittg in said contract or Vao foregoing guarantee to the -contrary,. vita@ i o our hand and a eal s this ...... , day of ........... / ,19 • , . PRINCIPAL:........••'f•••'•?f.••••////.//1f.f_f1/t�1/f1f R SURETY - �•�.:•.•;•:_.tr_•:•-•=•'e.•_f./"i •:•t/w• 7 • ♦=t f:/ I.1.171`I:f.tst:Is1`-�:��1�Tt=f-l. s n . .,.., SURE [ :srre�as�xf�et!•I*1a1i:"1'1<I i�f'i k,y = i a e. sz•ize3ez4.F61[i2.Yo`.<-s-._ tETY+ e`a42 €;.cz•i.,�Cqa.r.�aca�1�lj3•�3ai�.fsl-rsex�zsslr _ - . d i�Sl/1�►p IlrU JM BY THEM PMENTS, that ...... .ti a a a t %%V V 4% {:a %A {A."j I,yl Off 000000000 e. ... • .. i .. t t t t t t t{{ t-{�� � :M`�� y a "�y3 .�� 'i'•• principal.. and . • ! • . I . • .. • • r • • • • • . . . • • . • • • \ \ • \ \ t { { { { { { ! { { e�1b����.{/:�t�,`•���i�^''� LI 1 1 1 f I / I I 1 ! ! I.f I I, a •,, • •.• . • • .• • •... • . . • • • • .. .. • • • a • • a t a \ \ t \ t ! ! { { ! { �`� { { {`I o.;��k: sia� � i its sureties are hold and firmly bound to the City of South send, Z54LA ►So ill tail %i tlMt! f ! 1 ! i 1 ! ! • "t a • ♦. a : •. • a '•::+ • • • . • ... • .... . . • . • • • • a a a + + ! 6 1 1 1 1 1' 1 1 i 1 / 1 °1 Val Abe made they bind the®1� 1i1i►a the payment of which, well and truly to dhetr hejre® sxecAtore/ administrators Mad assigns by there 91911MAj, the Conditions of the above obligation are such that/ Wher•Al 04 MrlV®1fid - •t+a++\.ta••••.• .. ... .. • . • . . ♦ •..... e -4t-ttltlttttttl• has completed the work under the contract for the construction of.._."O"PP rr�•z•. • • •.e • • • •. • • • • . • • • . . . . . . . . . : . . . . . . . . • • • • • • • • • • ...�.� •,. •mot •..•).?ice•: LinderImprcve�.:. _: by the Board of Public ?orks of said Cit3T a .............and whereas, the contractor, p,°ir�� _ �,1.�r,:_ ilLhp and all materialet used in the work and am n^ c ; i.C.. �l.:.�c:;e period specified he will at his own expense make all repalz,� become necessary by reason of improper workmanship or defective materials. Such maintainance,-however$ shall not -include any damage to the pavement or to the foundation thereof or to any of .thevther items of work embraced by this contract re ultina from any forces or circumstances beyond the control of the contractor, nor is It i.htended that the contractor shall become a guarantor of the plans and speciPil-' cations furnished by the city. In case such repairs becc-ie necessary the city shall give written notice to the contractor to make t�� �, end in case of failure of the contractor to commence such repay>, 30) days after such notice is received, the city may make su - `- by its own ees or by independent contract, and may t_.^r cry the cc- and his sureties the o ethE _ __c cost of the super- reasonr�able cost of the i = - vision, and ripectcn the_ _ '-=a-1* y (60) days after the expiration_ot said guarantee perl a in Bch tc the contractor of any such repairs necessary on the date c su.- 'a expir. Whenever (in case of pavement) the repairs necessary to be made at th , f: :Diration of the guarantee period shali amount to more than fifty per cent. (bo l-) of the surface of any one block; the entire pavement of that block shall be taken up and relaid in accordance with the original specifications. Now if the above bound ..................................... shall for a period cf.............. year s from date, maintain such. •,,.r•z.rt..:•z.'szi�s �e`1'id during such t me !iake�a� a --ided by the foregoing guarantee 'essary froln an-. M o that may be necr disintegration of mater� 3�ale�• or`wh'ich are -made necessary b _ _ _: _ f cticn in workmanship, and sha,]�l `Ztrietly observe and abide by sect, .............. to ............. nehusive'A of the GerierahSpecifications, hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the conditions and stipulations relative to maintainance, therein contained, this obligation shall be void,; otherwise to remain in full force and effect. �a prineipsl and sureties herein, each for furnished by said C City for yid they have examine.', the a ens and specifications ve improvement, and they each hereby wayve uny and all claims that they now o^ hereafter tray have ths.t �,ng 'apa'rt. :,ecc rare during the guarantee period are ns or specifications, due to roicfects or insufficient reGuir� entSM?rant e toaid thecontrary Mtwith- anything in said contract or a foregoing €� standing. Witness our hand and seals this..... ,. day of .....................1�....• PRINCIPAL • _•:•:✓•3-v• • i sc• • • rct • • • • • •;.'� ..• ! t.rl l'M`•Y.=•'•ry'• t ! 4 ' ;N��kF.}}-��s,�;��gx»r•sN t yr'�i "tifr4l ...+.. r SURETY tal. • ._ l:isl:.l 1d:1 ll ..a.l...`! .! [fit! Y f••..x,,y s �� k �W, r URETY Cs.•2•E•YtZ•zlzl�:T�aCi l.G.�t�•i�ia:s•.!x!zlTl r"iL� .7.^'i iiY►i.:11 GUARANTEE BOND 00W ALL MEN BY THESE PRESENTS, that..... • • • • • . • . • • • • • •-• • • • �• �•,:�,�,`•�•"_, •`••• as principal and.. . •;.L•.•-••••••••)•••••••••••••♦••-•••••••••.............. Ali•. as .sureties are held and firFml9 bound to the City of South Bend, IAdiana, in the .rt�tm o ........ .... ................•.. DOLLARS •:o ., •• ........a.. ,for the payment of which, well and truly to be made, they bind themselves,; hairs e7C8Cutors, administrators and assigns by these presents, thaixThe condition of. the above obligation are such that, whereas the abov0 Mound has completed h Work under the c ontra. t f or the construction of._.; ... .• .:..•.,','.r ...... . ... . ..... ...... . . . . . . . . . . . . . . . . . . . . . . ........... • • • •;•' • . • • -. • . . . • • • • . .' • . . . . ♦ . . . . . . . . . • . • . . . . . . . . . . • • . • . • • • . • • •_• •;•i• • •1•);•,•'.l'.•) under Improvement Eecolu: __ . ............. : by the Board off' public ti��or�,s of said City on �?�e '` :.. ................. and wheres,6, file Cdritractor • �)T'1nC 1p;^I he 7:7. 3 t�i�.. ... "' ~ !-) "c.:; t,' ;::Sma.nship and all materials used in the a�or?: and agree tha ; duri 'g Lh� guarantee period specified he will tit his own ex -?ease make all re - airs which may become neces� by reason of improper workmanship or defective materials. Such mainta� an�Cgy, iioerever-„ shall not include any damage to the pavement or to the fouAdattion thereof or to any of the other items of work embraced by this contract resulting ftoii any forces or circumstances beyond the control of the Contractors. nor, I'm Ta US - intended that the contractor shall become a guarantor of the plans end,spe"d cations furnished by the city. In case such repairs become necessary the city shall give written notice to the contractor to make the ::awe, and in case of failure of the contractor to r -- (30) days after such notice is reeeivedg commence such repairs rr...• _... � -.. the City may make su .:�' -- -- - by its own emr ..ogees or by independent contract and may t ^•• Aram the ccr < var and his sureties the reasonable cost of the r; ^T•^c togethe_ L:e cost of the super vision and inspectionshall 'h, ay (60) days after the expiration of aaid.guarantee yericd in v.-nich to n_ .1.'~.fy the contractor of any such repairs ne'cessary on the date c _' such expirati t,. Whenever (in case of pavement) the repairs necessary to be made at the expiration of the guarantee period shall amount to more than fifty per cent. (507) of the surface of any one block, the entire pavement of that block shall be taken up and relaid in acoOrdanee with the original specifications•: lJow if the above bound ........................... shall for a.:riod of.....:.:.., . • •years from date, maintain sueh.•ys.Y•s.ts.T.ss•s•• and during -such time. make„a'a-""^''ided by the foregoing guarantee that may be necessary from w:�, . - ` ` '_ng or disintegration of mater- ials, or which are made neces-Za.'-. l : r :.ae fectien in workmanshipi and sha,31 strictly observe and abide by zect +�.n • ... • • • • • • • to • • • • • • • • • • ..nolusivsy, of the Gene ral••S7pecifications.,-hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the .conditions and stipulations relative to maintainance, therein contained, this obligation shall be void, Otherwise; to remain in full force and .effect. The principal and sureties herein, each for themselves hereby represent that the3 hsve examine•'. the plans aTdbSPeaive any and all claims ations furnished that they said City ow or for aia improvement, and they each hereby ry during the guarantee period are hereafter nay have thet P.ny xopairs necessa duo to 4efeets or insi:fficient recuire^'ents in said plans or specifications, e,nything in said contract or Vae foregoing guarantee to the contrary notwith- standing. Witness our hand and seals this ...... ct, say of ......•••••••••••••••19.:.:..• PRINCIPAL _. SURETY j, �[.• • • •• a .:. ate,:• •.,'�" :•.•tz• ♦ ••--•.• s`iT.ii',i�i...•�i�i7'i��ZiS�= 5���,,,,, ' + ' ds' + .t,S, �a • - BURET i [� •�•z•.•;i •1!t�[+Ca !_� �i•X•x•cole's •,.f�K.".Y .".i a BV REi i1 fexe�a.x•,�Fayfzet� t+�•L�3�S��Y��z.zaE►sR•r.�nC 3:iiZ GUARANTEE BOND KNOW ALL bMN BY THESE PRESENTS, that. as principal and ...............................•.............;..;•. . r/;.•It.f••f••f ••ffi••••f•►.•r • • ••••• r••• .••••••••••••••••••i•.."Iji�%�� ,._, as sureties are held and firmly bouni to 1-who City of South Bend, Indianaw-Uthe Mum of.••.........•••r•........•........ ................•. ►a DOLLARS for the payment of which, well and truly be made • they bind themselves„ their heirs, exe04torst administrators and assigns by these presents,; The conditions of the above obligation are such that, whereas the above bound hf•1�•►••►••••••••••••••...... ...............................••►•�r►i:...►••^.: 0# WO& Under the contract f Or the const•rci '01 Of .. .'-Et��i!�CP7'.,J J"rI; I f17F I I .. .... • .... • • . . . . . _ .. SJ:. . - .. ..... • • • • . • .:.ZIT.}i�Y�k��`:4M� under Improvemen y the Board of Public Works of said City c;n �:',0 ...... , .. - .............and whereas, tho contractor, prirz�iPll h� :nship and all materials used in the 4�orls a:� a aW�;� ; :w� ��Q6e period specified he will at hie own expcnse rake` a,l. s.:: .:ai �' , w ��c:h a y become necessary by reason Of' improper workmanship or defective materials. Such'maintaiumce h0�wever, shall not include any damage to the pavement or to the foundation thereof or to any Qf thr other items of work embraced by this contract resulting from am forces or circumstances beyond the control of the contractor, aQr is `ill'' i=r:-cended that the contractor shall become a, guarantor of the plans and spgCif:b- cations furnished by the city. In case such repairs become necessary the city shall give written notice to the contractor to make the_ ;C,:;te, and in case of failure o-f the contractor to f° (ao) days after such -notice is -received., a. commenoe such rep-_r- - t may cake c3r su = - by its own e D5 thei ees cr by independent the cct;y and may tr. ;_ :c r G the c� r axed- bds- s�etiea the-- reasonable e.ost of the r c - , ethe �c chat of the per, ho - - :.tv vision and in�pec.'tior. thce1' �antractor of say expiration of said guarantee peric-d in -=_wch tc �y the such repairs necessary on the date of sT:-'a eAplr'' `= Whenever ( in cases- of pavement) the repairs necessary to be made at th c::� iratitm of the guarantee period shall amount to more than fifty per cent. (SCE;,) of the sr.rface of anyone block, the entire pavement of that block shall be taken up and relaid in accordance with the original specifications.. Now if the .above bound ................... -.........:.;.,..►... ►;•t. �f�. �. GL.1•-PIC."..:•.•-.r.v.. •a .•.• • • •.. • . . • • .. • • .. • • • . •-• • • •. • • • • • • • • . • • f �`• • i 1 • • I.•;).:,4 `I,.t f1 t3►'— shall for .a period of..............years from date, maintain sLch..,-."-f:.-._.gym Voles.-.:.-: • .-.. A.•• -a..• A. • :. ....... • . . • • • • . . • .. .. • . . . . . . ... . • • • • • • . • • . • . • •..... • a •:.►-*-a Y7MIN and during s�uc-h time make a1.t r- � � idea by the foregoing guarante'a that. may 'be necesoafry from an '' disintegration Of matOr�+ iala,; or -which are made-necessar;�� : T ..=4 �= ceti Cn in wararanahigr and shah strictly observe and abide by sect' _ . • ... to .. �....:. • • .fnelu�ivs of the General',Specifications, hereto attached and adopted by the Diard Orf pclblic Works -of ;said City and shall fulfill all the conditions and stipulations - relative to maintainance, therein contained, this obligation shall be void, otherwise: to remain in full force and effect. The principal and sureties herein, each farr themselves ed by said City for tISSAt �3d at thEyhave cxaasine� the plans and spec ifi�tiOns and all claims that they now one improvement, and they each hereby waive any, and hereafter 0-ay have that and* 74raire necessary during the guarantee period are due to de�fe cts or insufficient rec�uire:,cnt3 aranteePtoathe eo trary notwith- anything in said contract or * foregoing � standing. Fitness our hand and seals this......,. day of ........•..•.•••...,.1�.•••. s PRINCIPAL: ........... rr..... ..••.••••f••..►.11r.1/1~r.rr S JRET l c•::.:.v.•:;•;r....r. • • e • . e..e..• • e • •.. r{.�'f'.f.I"1''1;1;'1#1"1�C� Is1�1lI.I.I i! SURETY e. C•zs.r•r•Mrlu�i...i.z�!.'a'a"��.iot.:.�o .c1;.�.:�:1 1"Itti`1,;1`i .?1�1s1E111 c :rt+ F. ..,•+r Ni 3•t (�.z••1.e}•Ie'14-0=.Z:eZiZ.}Oi.'isq'0{.;Ii*jMi*3#14I.i;i}CtIXIttC11 90 ALL 90 61 T MZ PMENT39, Vbat. ♦ s r + r .'s . s . ► a a•`.SrR a[aN �kafaC � ,nt�''r.. }��a - c#A&* V",,gf#4111 I Is.�I s ,+ ♦1J III11s►rrrr►rrrrrr•• •r•r+ra ...a✓+'a'. s'V a?a:a ,ilii±} f,ah} �• ` �A�il9i�� aIi`Ae t I ! I !III.► ► ► ►. i ► ► ................. • . s • ...... •-a%i��,7`.�j-.0ff�$� t I I I 1 t I I ! r ! t ! I I t ! ! / I ► ► ....... . .. . . .. .. • ... . . . . . • .. • • • • . a'� a'• a'i`�aj1`: ii1i� i' 68 filretiss Ore hold and firmly bound to the City eF South Bend, Indian►, tit the., Ago o 0 t 0 1 1 0 0 r a 0 ! ! I ! I e ! s I ! s . • • • • • • • • • • . • • • • . ♦ • . • • s • • • • • • • • • e • .. •.•'.; DOLLARS for the ygyMent of which, well and truly to be made, they bind themselves,; th@J1 hejsor executoral administrators and assigns by these presentsp, the AOnditions of the .move oblixation are such that, whereas. the above bound B�Sa�r1't'0`f.1'i y iY O'a f • 0 ♦ • i • 6 ! • . • "s .- • t • t • • ► . • + • . a • • . . • . . . . . . . . • • . . . • • • • • r • s�...0„0..4-6_w ►- =I&r tu c oI tr.-'G.c t- f or the comtrwtiaa ar,:.wa . 'A Yi Pi TI J`I tI�R Ill riles l"I � � e 1 +1 �.► + • • � • • • .......... .a+:w.w+•�v}�A€#4 lrt"jotr4 t t t t t♦ t♦ t.t.t,t t t e f i-I,t t I r ............ - -•.+s ••-st•waa. i%11re � �� lal.l_!,:lttttttt,trrrrrr"rrat.r:r:,.i....••�-• •__._..........r.�.a•Vf,�:*:.�-,!„�A#v"►�M1�' fldflttttt.ttttt.r_rtrtt+ ,,,�,, ... .... •+••.•�t��-�:l1tpC�r�i o� ro F Y ° , . _ . , _ ... _ _ t the Hoard of ATE S'7 rko of NAid M_Y L a :. • r lr teed in the work And egzwo;� _,adrr ::;r t,�; h tip gee pgrio�ei#'iea i�i t% his. own ea ease rake alI repairis whicU may became as.e �' eaetra�-' Improper woruanehip or defective .materials.. Soh mai area,: home ,�, A61% not bolUde any datmaS• to the pa-vement-er to the €�&Wn theme-r to My of QN, other items of work nbraced by thie contract resulting from any forces or circumstances beyond the control of the contractor, nor is it intended that the contractor shall become a guarantor of the plans and specifi— cations furnished by the city. In case such repairs becc-ze necessary the city shall give written notice to the contractor to make t c and in case of failure of the contractor to commence such repair .: (30) days after each notice is received,, the city may make s-a -- _ _ _ ___ -=_. 7by its own ear_-'. -, ees or by "independent contract, and may t ironi the cc =tit_ ,;r and his sureties the reasonable cost of the : --.__ _ . :._t -:cgethec:=e ccot-of the super- vision and inspection thc: _-_=-hall = e =.==ty J40) days after the expiration of said guarantee peric;d in -,which tc t - the contractor of any such repairs necessary on the date of such expir.- ` Whenever (in ease of pavement) the repairs necessary to bsmade at th- 1--.piration of the guarantee period shall amount to more than fifty pe-r cent. (507') of the surface of any one block, the entire pavement of that block shall be taken up and relaid in apeordance with the original specifications• Kav tf the above bound .................................... . .. fig! ii%i:: i;"• • • s . • • • .. • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • i R�i�:i �._��•;�y +�0 shall for a period of..............years from date, maintain sueh.s.s.....-.-.. :a•: •'•[w-...-.". • • • • • • • • • . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . • . . • • • • • . . i• .-• .Aa'#!a:�ia�7h6Eia7! and during such time make all rem ? ir- _ a r�«ided•by�the foregoing grantee that may be necessary from an-,,- -_ _ ~-. c: ' ing or disintegration of mater� ials, or which are made necessary- b ,- <: - '-perfection in workmanship, and -sha11 strictly observe and abide by sect :_'4.............. to ..............inelusiver. of the Gene ral•Specifications, hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the ccnditiolis and stipulations relative to maintainance, therein contained, this obligation shall be vo$, otherwise to remain in full force and effect. The principal and sureties herein, each for themselves hereby represent that; hey have examine% the plans and specifications furnished by said City for sai(% improvement, and they each hereby waive any and all claims that they now or hereafter nay have that azy rap�.i� s 'neC e s sorry during the guarantee period are due to defects or insufficient r-equire^.Nnts in said plans or specifications, anything in said contract or Rio foregoing &Warantee to the contrary notwith- standing. V: tness our hand and seals this...... , . day of .....................19..... PRINCIPAL:.. ;,....... • .�............... . S..... �11my C.::e:.•..ot.:��.,t�_e:.•. o.'s".'•:-.rl�e'• • e r•f..":'i'e"is�a.."t'!-,..Rt'.1'�:.h.'i.Av,:..;:e.;.:.a `.�Y T J. (e:eye[es.e;,���:e:i.�o;.gri.'9'.'o'a'rea•c.a.t•'l;Nc®z.t.'tf:•..��'."Y;��:Pi';�'r�:#R�1:t}.xa8't $MT b' ( waist. [,s3R:F I+Za �Z•�lr.vsst�iiiaawi:sS•Zs %Ii�i+�•7eTt:�3•a�Ci •Z.ty�srx.[et MAL I OOW ALL 9ZX- 51 THZ3Z FRESENTS9 that MONAM 44 principal and ............ r ..... ............ X AW- - City 'If South Bonds IndianattUS as surstisis are hold wid f irmly bound to - h City A= of I . . . . . . .. . . . . . . . . . . . . . . . . fob, the pSyment of which, well and truly to be Made, they bind themsel"80; :their heiris eXtailtor3o administrators and assigns by these presentst; The Gond[itione of the above obligation are such -that, whereas the AbOVO bOMd . . . . . . . . . . . i . . . . . . . . . .. . 4: 4-:0 o#-j't.'j'Fir-#-'fr-o;r two-, ba constr'UO't'032 a a compleUd Ow woA =der the c ontra c t for . . . . . . . . . . . . . . . 0 he Board of N16110 und er IMP z wherewel rics of sai, all materials hdbontrarator'-p user in tine work ard' areti+� to reason of his ovu,: expenge. rake a,1:1' r_ia'pad7rs-' Vhi )r &n'Eiay become ne 0 e a et improper Siaoh main -,M-m-060 ho"Vervi _workmanship'ox d:ef'ecti shall not include any damage- to the pavement or to the founfttion ther"t or to y of 'th&L,Other items of work embraced by this contract re sultirist. e� any an circums or forcei�ano-e,s L) 011 nej control of the contractor,, nor is it :.:t ended. ithat,- the cont-ractor: shall become a guarantor o:e the plans and specif i ins furnished by the city. give written noticeAd b.a�!'O CUCL j_T1- c c e necessary the city shall g T h- repai !� rile ae contractor tntractor to the email 6,, and incase of failure ure of the contractor to 0rreice suc3 repair .hirt7 (30) days after such nOtice&s receivedg r oye-es. or by independenth her by its own em city m4y Mae .11 the c i u, 4, sureties the and his sur rcccver from the sort.:.: contract, a, reasonable ebst Of tll(i f 4.' so made, together coat of the super- ( o) days after the vision and inspection th'e-re:,f- c i-,- y shalI hf-7-- Y - expiration of said guarantee period in which to rctifT the contractor of any such repairs necessary on the - date of such expirati-n. Whenever (in case of pavement) the repairs necessary to be made at the expiration of the guarantee R surface of auy OXV pr,riod shall amount to more than fifty per cent. (50%) of the si- v-=ks, the entire pa nt of and relaid in 0 -�eme that block shall be taken up -40ajja pUla aoXO_T T-[nj Ur. UT1eMaa Oq.GGTM,19XT'4G `90 U.Ie-�UTVM Oq. GA1j'ej9J Vf,,gA aq TTiaLls 11:�� _tko ST--qq, "J)OUTV':�UOO UTOJGLjq. -U'e T Teqs- pie _9-�To pjes jo s:y[jo& oi-Lqnd T� P v G-ql- TT-e TTTJT_r1j T "'Ttl ptq.jd-o-p� pue. paqoe4�u o,@aoq I suoT�,eo-EjToadS.-je.1@uGD auk jo Z) qL> PU12 GAJ9 aq ............... , � , as Sq �pT sqo _&T%oix%s 1-i-essaoou ap-em Gje TIOTT4A XO "OTWE ju, vqo PIM dTqsU1=(JGA--.UT U0. jb'u.b�,:0j9aq.U-1s-1P .10 Lu� mOaJ si-essa0au aq deco %vqsad z�sa j 2u-Fo2qaoj 11 a -4. -kq papTAo-ad s*e 1'sa'pedaa -LT-e 94,ew aw-u� q9neOu-canp pure ...................... ............. o ......... vaS ................ jo po-piad -a sod jETg vq -qans u-Evq-u-pem I 9,�vp mo zrj� a a OMWA O.'s- . . . . . . . . punoq gAoqe a-qT- jj. &oH euo-cq.,eoTjT o ads Tet1T9-1,TO Otle4. T[�TM 9OU1ePXODOV The principal and sureties herein, each for themselves hereby reptoftent that they have examine% the "plans and specifications furnit5hed by said City for said improvement, and they each hereby waive any and all claims that they now or hereafter may have that a4y lo-3pairs necessary during the guarantee period are due to qefect-s or insufficient requirements in said plans or specifications, anything in said contract or -�kio f oregeing g-L��rantee to the contrary, notwith-. standing.. Witness our hand and seals this ...... day. of 19 0 e PRINCIPAL............ F ESURETY E -M 'TOW g7 cuco"o,• "t wf#74 SURETY 0 #felt!$ 0 NJ I roxfy V� 7775. ME-, W, 7 SURETY tire Vol GUARANTEE EOND, .. KNOW ALL MFAIJW THESEPRESENTS, that. ... ................••..,............... as principal and .........•.... ... ..,.................. ,.....:._.... . . • • . • • • • • . . • . . . . . . . . •.• • • • 9041.wl•.•v:r_•: •• as sureties are held and. firmly bound to the City of South Bend, Indiaina, in the sum of ....• ..........: ,. ............... DOLLARS for the payment of which,, well and truly to be made, they bind themselves' their heirs, executors, administrators and assigns by these presents, The conditions of the above obligation are suoh that,..whereas the aboveftu* bas oompleted thei wort under the 'ccntr.ac t' fbr the oometruetioa Of ! .E.. •xf •,,,• • , , c �OE.,�� fy..c�.:.£!'UUir;.Y?•: r'!'•.Y.Y::.--• • .. . . . . . . . . . . . . . . . . • • . !-� • •'�:,r • • ! • .a.L� . •:ef�lsr..*. ••.'•.. . .. . . .. . . . . .. . . . . . . . . . . ... • ••••M••••••••.II.0a�OIf_.•• ...:. r.,.:............................ ...... Board of Public under Improvement 1,esolution ...... w opted by the .and •hereas, Works of said City on the .. • • • . • • • =` • • • d all imterials =, , �_- workmanship aII the contractor, print, herein. � Principal v - = C£1e�`,he will. used in the- work and a.gr.eI ' that u-_':b Lhe a azantee period .. at his .own _expense make all repairs which may become necess:a.ry by reason of improper workmanship or defective materials. Sueh.mantanasice, however, shall not include any damage to the pavement or to the foundation thereof or to work embracedby contract resulting from any any of the, other items of ,foross or Circumstances uayoiiu the control of the contractor, nor ie it intended that the contractor shall become a guarantor o:f:the plans;d spcifi, Cations.:furnished-by tine citf. In: case aUch.repair� .. bc.. . r,'r'essary the city shall give written notice to the. CIO ao r1a1�e. L:^ , w.'�, ',na in case of failure of `the contractor to - d a s after such notice is received, e,ommence _such,.reps, r � v �C d y it aioG�� by its own emp' oy.ees or by nrlependeiit the :C ay se sty . Contract, si3:4y �h" ter i.rcm.the cont c-Lcr arid -his sureties tha T®.a.sonable eos:t together va l she cost of the super- vision. and inspect on.tU1ecf ='`•e city shall have sixty.(60.) days after the e7tpiration of _Said guarantee period in which to notify the contractor of any such epairs neeessary'On the date of such exp rrani Whenever (in case of such pavement).the repairs necessary to be rude` at the expiration of the guaranteq period shall amount to more than fifty per cent. (50%) of the surface of any one blook, the entire pavement of that block shall be taken up and relaid in aeeordance with the original specifications. Nowif the above bound ..................................... F.fl.Ifi llli•_•„•.•.• • • . • • • • • . • • • • • • • • . • • • • • • • • • • • • , • . • • • • • • • • • • • • • • • -• 1`Y`�� �yZ..� f '.�. shall for a period of ............. .years from date, maintain such.:.�.�.-.:=.-fa •_•_•� and during such time make.a.11 rn-�^.irs•,•a p_rovtded by the foregorIIr0darantee "that may be necessary from any rlm, c wc1 ing or disintegrat d of matey Is,,, or which are mal' necessary i ;� �i�pe f cticn in workmanship, and shall strictly observe and abide by sec r3 • ,• ••- .. to ... ...... ..inclusive$,, of the Gene ral'Specification.s, hereto attached and adopted by the Board of Public. Works of said City and shall fulfill all the conditions and stipulations relative to maintainance, therein contained, this obligation shall be vOSS6 `atj`ibe to remain in full force and effect. The p#ffIeipal and sureties herein, each for themselves hereby represent that they hava e�aminei the plans and specifications furnished by said City for said•• improvement, and they each hereby waive any and all claims that they now or hereater may have that asy repairs necessary during the guarantee period are due to Jcfects or insufficient requirements in said plans or specifications, dhn thing in said contract or igio foregoing guarantee to the contrary notwith- itanding . 'Witness our hand and seals this.....-.,., day of .....................3.�. , • . • PRINCIPAL,.-. ale... •:...... ............�.cl.l-l:.... SURETY � [•;!: •-..:! Ss f•2•; • ..=.:. Y` • "o "Y".'•z! C�Yl; !.. z•' !!: !`.�i1" .1� IIa���r�x'l:.�.XOS • PO..' SURET b(l:/YST.Sl3lI.IlllTull.'!'oilili./sl:[!ilil Or!=1ZlWo �..0 ' r1� y *°` s a ^T; l r"`�'=1.1. YI irilZlYlllllXp:17f�SC�Z!Z•3lZl:YlZIYIYA�OSOl11S1..y�lallT�rl�llif!]iIR$IT!"S!E!l 53 GUARANTEE.BOND MW A" 090 1-1 In" Mount thAt, go lof@sJoi are hold and Firmly bound to the.City of South Bend,, Indiana$, In the 190 ....................... DOLLAR& @ p&ym@jjt of whighl well and truly to be made, they bind themselve,sq, egicutorl, administrators and assigns by these., presentast, The GRAMM Of the, above obligation are. such that, whereas the above Uound tat is i I I I's $I .............................. e 0 —04" bas camlated tU bark Wer the contract for the construction ................... Syr-rV - VIV, 0 a 4 0 8 9 0 0 a a 0 0 0 6 0•0 0 0 a 0•............ ............ . . . . . . . . . . . . . . . . . I ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . *I*: oleo* . . . . . . . . . . . . . . . . . . . . . . .• . ........... . d by the Board of Public under Improvement . ............. ....- Works of said City or ............ . ...and whereaa'ns 1-dp-and all materials contractor, prin .Pal he. r�� �_aj�c4j-jtee period 6peoif ied he will used in the work and agree 1 hich may become necessary by reason of at his own expense make rel,)&irs w improper workmanship or defective materials. Suchmaint6d-Aamceg however, ghall not include any damage to the pavement or to the foundation thereof or to W of the, other items of work embraced by this contract resulting from any lea or ciroumstancea beyona the control of the contractor,, nor is it i4tnded that the contractor shall become a guarantor of the -plans and specifi.- 6,6tions furnished by the city. IA case such repairs becc-me necessary the city shall give written notice to the contractor to.make the ;;are, and in case of failure of the contractor to commence suchrepairswd; -:-h-in -_hirt.v (30) days after s,--ach notice is received., * !` - '_ogees e or by independest the city may make ;E�!�A� h r e e r by its own em.- s contract, and may thcre,_--oon r-ve_r from the ccntio.ct:;r and his--suroties the reasonable cost of the. reps ir-s -nade, together v; t,.-jo cost of the super* vision and inspection thereof city shall Piave --ix-tCy (60) days after the expiration of said guarantee period in which to notify the contractor Of any such repairs necessary on the date of such expirati--2,. Whenever (in case of pavement) the repairs necessary to be made at the expiration of the guarante-d period shall amount to more than fifty per cent. (50%) of the surface of block, the entire pavement of that block shall be taken up and relai&�W-. .accordance With the original specifications. Nowif the above bound ................................... ...................... ....... shall for a period of ............ yews from dam; -nf�17itain such.. .......... . . . . . . . . . . . . . . . . . . . ... . . . . . . and during such time make all by the foregoing guaMt" that may be necessary from any ing or disintegration of_ MAM - ia18. or which are made necessary br- an-'i= Pection in workmansJ&tp#4a*-06-11 :y' p e strictly observe and abide by sections ............... to ........... C of the General -Specifications, hereto attached and adopted by the Boardof Public Works of said City and shall fulfill all the conditions and stipulations relative to maintainance, therein contained, this obligation shall be void, otherwise to remain in full force and effect. -,The;Vkihc'ital; 0A sureties herein, each for themselves hereby represent that theyhavq eAaMin4J_'t`he'plans and specifications furnished by said City for said -imptiovement, -and: they .1 each hereby waive any and all claims that they now or -hereafter may have th.at aa"Y-"paire necessary during the guarantee period are due tol-efects or insufficient requi rer-entS in said plans or specifications, anything in said contract Ior -kie foregaing guarantee to the contrary notwith- standing. Withess our hand and seals day of ................ PRINCIPAL SURETY WWVr- ""'qV97 M 7777777777 OURETY 7=11777 I$URETY i�►AtAvTEE BbMn wL MkN -By T f PEWENTS, that.441?..{x4.fif. !. • • • , • • • • • 1 i,• • • • . • .. • .., .. • . . • • . • • ► + • • • • • • ♦ • • ► ► I • • • • -• . • f;�'M i • t?�ikr.:f:.%%�'-f%'• ')rinoipal and ........4..............................••,.•.,....+i,l�.��� ;...f.•:•,. ► • • . . • • • .. • • • . .. • . • • • •-.. •• . • + . . • . • . • • • • • • • } • • r • I • I • • • . • • • • • • • • • i�1f •AfM.',� 4,f'f"'.'. 7 as sureties are hbld and fitmly bound to the City of South Bend, l $aftso th the ,qufa of ..:....•... .. ................ DOLLARS tor the payment of which, well and truly to be made, they bind themselves,, their4heirs, executors,, administrators and assigns by these pre0ents, The conditions of the above obligation are such that,,, whereas the a. ove'Sou • • • • • • • • • • • • . . • •".• . . . . • . . . . . . . . .' • . . . • . . . . • • • • I • . . . • . . . . . . • .-. ♦ .•. �• +"(�r/.ah. •�•-.i.�M' cawleUd Mw ww*vuler the cantra.dt for t1le~ constr410tion of.-. :.•: •:•. �an�6Kl[tR�hilvT aa:r.. Irr.:r..r r. • ...-.'........... a s ...... .. .. . a f;& I!1'E I"1'J_• • f •. • •�• • # off • • • • • . • • .. • .. . . . . . .. . . . . . ..... • • . • • .. •'�:..�'a`�a �',."fxi�y .`fT =• -!'.h_.I�I t1'1•I • a . • • . • • • • . • • • .. . . . . . . . . > . . . . . . . . . . . . . . . . • .... • . • f f f f f,f,f f f fT.l 1 under Improvement ........... • • ,r the Board of Publio Works of said City C ' . > , .... 07 and. whereas, .: ....... ... the contractor, pri-il ;;,P,-,1.r aka : , >.:,:�nship and all materials used in the work end-agroe: h:�t period sWeified he will at his own expense make all s ePairl which ray become necessary by reason of Improper workmanship or defective materials. Such maintainancep b0WGVsr„ shall not include any damage to the pavement or to the foundation thereof Or to of the' other items of work embraced by this contract resulting from any forces or circumstances oeyana the control of the contractor, nor is it intended that the contractor shall become a guarantor of the plans and specifi- cations furnished by the city. In case such repairs beccwe. necessary the city shall give written notice to the contractor to make tiro c ,o > and in caseof. ilur:e of the contractor to commence such repair (30) days after such notice is received, the city may make su . _. --- - - -_ - by its own e�r rees or by independent contract, and may ti = : _ »rem the and his sureties the reasonable cost of the rc - a . together tze coat of the super-1 vision and inspection thee _nf . c it =' .--hall h c :.-ixty (601 dugs after the expiration of said guarantee period in which to notify the contractor of any such repairs necessary on the date of such expiration. Whenever (in case of pavement) the repairs necessary to be "made at the expiration of the guarantee period shall amount'to more than fifty per cent. (50%) Of the surface of any One block,; the entire pavement of that block shall be taken up"and relaid in 44cord4ace with the original specifications., Now'if the above bound .................... , ...... ..._.;.. . shall for a period of..............years from date, maintain such. tow,@-•'•-:.,•7 .-•-• • .•• • • • • • • • • . . . . . . . . . . • • . • . . . • . . • • • • • • • • • • • • • • . • • • •"• �.: fN.V1t'.1f7l� and during such time make all repairs. a,,, provided by the for•o that may'be necessary from any r. o- >;;_„?,c----cling or d i s i nt e grat'l on O!"matst-' ials,, or which are made necessary L. - Y `r i rerfection in workman hip 1► f "h strictly observe and abide by sections .............. to ... .......inclusive*,, of the General'Specifications, hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the conditions and stipulations relative to maintainance, therein contained, this obligation shall be void,, otherwise to remain in full force and effect. the principal end sureties herein, each for themselves hereby represent that; Vtovement have e4a4ihtW`. the plans and specifications furnished by said City for said i d,hd they each hereby waive any and all claims that they now or hxereafter may have that aay "pairs necessary during the guarantee period are due to alefecte or insufficient requirements in said plans or specifications, anything in said contract or -one foregoing gwa.rantee to the contrary notvith- standing.. Witness our hand and seals this..... ,, day of .....................19..... PRINCIPAL :..:. ..:.-... r.c....:... , N-.r. ........=..- SURETY ..;...;. ...;.:.._._..... f.=.,...: w.�.F,�.:..:...:�.�.r.,.��,. SURETY '• �d� f%?�' v ts�i.� [• e.�'se•.psi.ot•e.iis.�.'.ia®•3•z•tz•1'•?oz._�IM�IZix"iI���' -z:"r�xliMtr '�' `�-" _.:. WUR�i �l �;iss.�•ii,�cysze.L�7ra.�•I�Z•Z•L•i+to=a=.roz.=•z� • •, • •ZiSi • f •. • GUARANTEE BOND OOV "L MEN BY THESE PRESENTS, that ....... :.. •,'• t v 6 4 e, 6...., , . ,�w►.�+ � ; asprincipal and ........... , • ..................... ....,..:.:.:.',..,X:� an sureties are held and firmly bound to t'.ze City of South Be�.d, Irdiana��y� J�yt)Li sumof........... .. •...... .....• ...........•••. ••.•• s••.A.re'►1 "__`_3 f,ror the payment of which, well and truly to be made, they bind themselves, their: heirepexecutors, administrators and assigns by these presents#, The conditions of the above obligation are such that' whereas the above.tiound 0..:. <•.;r-e'.. i a. s. •. s a .� s • •..: s •. • . • • . , . • . . . . . . . • . . . . . . . ... ♦: • • • . i.•...1>i ir:.•.•.:'i*r two��Di �OI�a Yar&r t�Il� ©nta ate• _� f;trit�![�W�I'i;rI'�.�'olY:� t1 • o t Fs • e ..........:.... .... • • . d .. . ® • • 1•�:: - _ ♦ ._ IiI*Sys/�tdtllllaloror+eereeoee."+• �-• •' r f ftbli* '_y the board 0 -�€Ig of �'�,�4 City- ,cp 4'e n. _ � n-� - . • . a • . a. ►.1 tRtl•Y �#.��� �®r ,' ,. ,, : anship 82A all melteAAS tho oont.aotor pine tps', h d �t 4ii_ 3 u.11'i322LG'. per�.od ap60ititd.he 1i� �► u@ed in the work and Agr@ rsason'o at hid ,own eXpense rzake all repairs which may become necessary by improper wor anehip or defective materials- Such maintainanoa, hod "rf shej_`hot include any damage to the pavement or to the foundation'thersOf a ''I oother items _of work embraced by this contract resulting fr= any forces or circumstancps . beyond the control of the contractor, not is it Intended that the contractor shall become a guarantor of the plans and specifi.- cations furnished by the city.. In case such. repairs become necessary the city shall give written notice to the contractor to make the sar.,e, and in case of failure of the contractor to ) commence such repair w i'; - ; 30) days aftr_r notice is received, the city may make su `: r = by its owr. c�� _ vc-e or by iidep�ndent contract, and ,may the r rcm the cc _;c _. and his eursties the reasonable cost of the i s r =Pthe, - �-- e cost of the super e ._' y (60 }-days of per the vision and inspection the _= expiration of said guarantee peri din .ich tc the contractor of any such repairs necessary on the date cf su �:� expiry Whenever (in case of Pavement) the repairs neces sary to be made at th cxpiration of the guaroatee period shall amount to bore than fifty per cent. (507) of the surface of s"eae block, the entire pavement of that block shall be taken up and, elaid in ,60dordance with the original specifications`. Now if the above bound ....... ............. $hall for a period of .............. _years from date, maintain such. / 1 ...............�.. �.... and during such time make all r a^ provided. by the foregoing g 4O that may be necessary from an.y � �1 no-,c -- ing or disintegration of ftsl'- ials., or which are made necessary b-, any imperfection in workmanship, and shall strictly observe and abide by sections.... ..... .. to ... .........`inClusivet,_ OP the General -,Specifications, hereto attached and adopted by the Board of Public Works of said City and shall fulfill all the conditions andL stipulatiOUS relative to maintainance, therein contained,; this obligation shall be r►O1� other*iert,to'remain in full force and effect. The principal and sureties herein, each for themselves hereby represent that theyhave etaminew'.the plans and specifications furnished by said City for said improvement, and they each hereby waive any and all claims that they now or hereafter may have that aay repaire necessary during the guaranteeperiodare due to 6.efects or insufficient requirements in said plans or specifications, anything in said contract or *ha foregoing gii-arantee to the contrary notwith standing.: \ Witness our hand and seals this ...... � . day of ...................,.119.... ! PRINCIPAL ie • _.'•. •,'.-• s e Co!• a •'•'.�/ • • 1 •,1 !,• 1.1 o`e, /,6o-i1r:"1 �•:f�1e'S'.?I '• a SURETY ,i:.:. e.•._o;e'• r:•_• a •'s'e s ®Ysre;e . e . a •;Y'•C.:-t'F!'.:w��r �?l:il2•s•:® •_•a -. it ..v o- f''�""'•� �._.-_� SURETY�• s.•:•:c.;:atoss7a(•�eJa'9's'e �•Ys�•4.2•i.•'e •0'-.•k.`.Ili. 010to.;# 14 W�Ii1 YilX�ilx� �SU134T Y! t+ ►zez•Eo,#v f•z•ln tespo3 o*s}ss• teYe301�3s2®] 7t.Se ijbi.�aZAj M Wedne ., 1924. Coat The.following resolution was. adopted Resolution No. 3. y the Hoard. A RESOLUTION OF THE BOARD PROVIDING FOR GRADE SEPARATION. WHEREAS, it is"deemed necessary Zor the public good that.the grades .of certain streets of the City of South Bohd', Indiana, where the. some intersect the tracks of the railroad Companies herein after name:d, be changed and altered, arid, that the grades of the tracks of'said.railioad companies be altered and -changed: NOW , THEREFORE, be it resolved by'the Board of Public Works of the. City- .,of South Bend, Indiana: That the grade crossings of the tracks of the New York -Central Railroad,. Company, a steam railroad, at the intersection of its tracks with CHAPIN STREET SCOTT STREETi,PRAIRIE AVENUE, LAFAYETTE STREET, MAIN STREET,.BRONSON STREET, MICHIGAN STREET, FELLOWS STREET, SAMPLE STREET, RUSH.,STREET OHIO STREETm MArietta STREET, HIrH street all in the City'of South.B*nd, Indiana, be altered by the ele- vation of said tracks, or by the depression of.said streets, or by a combiner elevation of said tracks with a depression of such streets at such intersections;. and also, by reason.of the.aforessid elevation or depression, that the grade of certain other streets and alleys and of 'oertain railroads and -railways -be changed; and.that the change in grade. of said several streets, railroads and'railways-inter- seating said railroad.'and of certain street and alleys intersecting said -streets, and other railway and railroad tracks and the amount in..feet of -the -clearance of the superstructure over the above named str-eets,.shall be as follows: (I,) The grade of Cherry Street, where the same intersects the tracks of the low York Central Railroad Company, shall be raised six tenths (006) of a, foot above the top of the highest rail of said tracks as now maintained; and the tracks of said company as now maintained shall be made to,conform to the grade of said street when changed as provided herein. The grade, of said street -on each side of said tracks shall be descending grades at the rate of five (5) feet to each one hundred feet from the northerly and southerly rails. (2) The grade of Division "Street, where the same intersects the tracks_ of the New York Central RailR+oad.Company, shall be raised two and seventy four hundreths (�2 74/100) feet above the top of the kgtss:k highest rail of said tracks, as now -maintained; -.and the tracks of said company across said streets shall be raised to conform to the grade of said street when changed ads provided herein. .The grade of said street from the easterly and westerly rails of said tracks shall spaaic respect- Lively be descending grades of five 45) feet to each one hundred (100) feet, until they intersect the present street grades,.The grade of Walnut Street, which inter - soots Division, shall, on each side of said Division Street be made to conform to the grade of Division Street, as fixed above and shall descend at the rate of five feet to each one hundred (100) feet until said grades interseol,`the present grades 'of Walnut Street. ( ) The grade of Arnold Street where the same intersects the tracks of the New York Central Railroad Company shall be raised, five and eight tenths. )5.88) feet above the top of the highest rail of said tracks as now maintained; and. the grade of Arnold Street where the sAme intersects the trtacksod. the Grand Trunk Western Railway Company shall be raised six and one tenth (6.1) feet above the top of the highest rail of said tracks as now maintained; and the. grade.of Arnold Street where the same intersects the tracks of the New York Centrai Railroad Company formerly the Chicago, IndIana and Southern Railroad Company shall -be raised not to exceed six (6) feet above the top of the highest rail of said tracks as now makintainnec, and the grade of said street, where intersects it intsts the,switeh tracks of the New York Rentral Railroad Com ny leading into the Oliver Chilled Plow Works, shall be raised noT to exceed sic (6jrfeet "above:,the top of the highest rail of said switch track as now maintained., and the tracks of said companies across said street at said points shall be raised to conform to the grade of said street at said several points when -changed as provided herein. The grade of said street north from the northerly' rail of the tracks of the New York Central RailRoad Company shall bd'*a descending grade of five (5) feet to each one hundred (100) feet until itx intersects the . present street grade; and the grade of said street south shall be a descending grade from the southerly rail of the last above mentioned railroad, to a 4 57 le nesdsy January 23rd, k924, Cobtinued, point Mi&4y between said rail and t.ke. bnortkirly. rail of t. ke. Railroad if the Gr4fia Truhk Western Railway Company which pit lltt shall bet wo and ' eight, tenths (2.8) feet higher thsh the present high rail of the. New York Central Railroad Company.;nd the grade frdw said last, men- ti.oned point shall be an ascending grade the.nor•therly rail.of the.railrotd OF the Grand Trunk Railway Corm n ; and from the,southerly rail of the last above mentioned railway oom Western Ra y , ..: pa y "pany,.the grade of eQid street shall be a straight line of the northerly rail of the tracks the New York Central.:Rsilroaad Company formerly the Chicago, Indiana & Southern.Railroad Com- parry, affid the grade ai' said street from the last above mentioned point shall be, a. straight line to the northerly rail of the switch track of .the New Ycrk.Ce ntral Rsilread Company lead - line t* .the Oliver Chilled Plow Works; and the tgrade of said street from the southerly rail of the lsst above mentioned track shall -be a descending grade of five (5) feet, t each hundred (100) feet until it intersects'the present grade. The grade of Hancock Street ..which inter- sects Arnold Streeton _the east side, sha11 .be -raised sc as t .,adnform to ,he grade of Arnold as fixed above and then descend at the . rate of five (5) Feet to each' one hundred. 100) Street feet until it intersects the present street grade of Hancock Street. The grade eE Huron Street feet intersects; Arnold Street on the -we side, shall be changed so as to eonform t0 `the grade of .Arnold Street as fixed above, and then descend -at the ratedof five 'S)''feee to each one hundred (100) feet until it intersects the present street grade of Huron Street, (4)-CHAPIN STREET'a-L the intersection of Chapin Street and the tracks of said railroad the surface of said street shall be depressed seven feet below tge top.of the high- e st rsil of the tracks .6f said. intersection as now maintained; clearance shall be fifteen .(.15) feet between the surface of the street -as fixed above and the superstructure over said street; tie �cade of -saint street under the superstructure shall be level. The grate of the.approach of said a,;reet north shall be a level grade from . the north line df. the superstructure to a point sixty t60) feet north of the north-line,if Dunn street. The grade of.the approach on the south shall be ' level to a point twenty ,f*V6 feet south of the south line o f %he super- stru turg and shall then be an ascending grade two and one half (2') fact to era'c One huh- dred ?100) feet until it intersects the present grade of the street. (5) The grade of Dunn Street, which interseots Chapin Street s't point immed- iately north of the tracks of said railroad, shall be changed and t#e grade east from the, past line of Chapin Street as fixed at No. 4 jbeve, shall be an ascending grade-three-0) feet in e6oh one.hundred (100 feet until it intersects the present grade of Dunn Street. ($) SCOTT STREET.: AV the interseetinn of Scott Street and the tracks of .said. railroad the surface_of said street shall be depressed three (3) feet below the top oaf the -- highe.st rail of the tracks of said intersection as now maintiained; clearance steal-1 be twelve and .one Ihslf (12') feet between the surface of the street as fixed above and the uper- structure over said street,; 1,ke �rade'of the appreaaok of said street north from the north 'line of.,the" superstrub'Lure :shall be a strei ht. line until 06 the grade opproauntil it intersects the present grade of Scott Street, at iAR south line of Dunn Streetf the ach from the south line of the superstructure skill be a straight line. until it. 'inteersects the present grade of Scott: Street -at. the north line -of Ford Street. (7) The grade:of the first alley north of Ford Street, which alley intersects Chapin Street and Scott Street ., shall be changed and the'grade of said alley east from the- mast line of Chapin Street as established in No. 4 above shall be an ascending. -grade of three (3) fast- to each one hundred- (l00) Foot until it Intersects i;l pras�ent grade of "said alle$$; and the grad* 'of .said alley west of the west line, of Scott Street, as es blisheed in No..b above, shall be a ascending grade of three (3 feet to each one hundred (100) feet until it intersects the'present:graca of..said alley. (8) PRAIRIE AVENUE. At the intersection of Prairie Avenue. ed the tracks of said railroad the surface of said street.shall be depressed six (6).feet and nine (g) inches below the top of the highest rail of the track leading to the Studebalger Pkaht, where the same intersects the center line of.said Prairie Avenue, at the ekevation now maintained; clearance shall be twelve and one half (121) feet between the surface of the street as fixed above and the superstructure of tke tracks grade if the approach of said leading to the team yard and Studebaker Plant;, the street north from the north line of the'superstructure carrying the tracks to the team yard end feet; Cher Plant shall be an asce.ndin•g grade of three (3) feet to each one hundreet (100) feet; the grade if the ap proach south from the south line of the southerly superstructure shall be an ascending grade of -three (3) feet to each one hundred (100) feet -until -it intersects the present grade of Prairie Avenue,, (9) The grade of South Street which interseots Scott street and Prairie Ave, shall be changed and the grade if said South Street ei-at frog the east line of Scott Street, as established at No. 6.above shall be a aseehdi ; grade. of -three (3) feet to each one hundred '(100) feet until it intersects the _ prise3st grade of South Street, 'nd the grades of said South Street east And west of Prairie Avenue as established at No, 8 ahoy shall be ascending grades of three (3) feet to each one hunreel (100 feet each wajs east �lal west, until they intersect the present grades of *South Street. (10) The grade of Taylo.t Street* which intersects Prairie Avenue, sk4tl be changed, beginning at the grade of -said Prairie Avenue as estabkishad at No. 8 above., there skaja be an ascending grade north of three (3) feet to each one hun4ted (100) until it, interseots the present grade of said street. am ,Ve dne slay JanuARY ;2*foal . Continued. (11) LAFAYETTE STREET. At the intersection of La. Fayette .Street► and the:tracks of said railroad, the surface of said .street - shall be depressed two and one tent:h`(2.1) feet below.tke top of.tke highest rail of the tracks of - said intersection as now maintained; clearance shalle twelve and one half (1*) feet between the surfinee, of. the street as fixed above and the super- structure over said street; the grade of the approach of said street 'north. from the north line of the superstructure shall .be a straight line until it inter - `seats the present street gratis -at the south line of -South STReet, #nd the.grade ;of �tke approach south from tke, south-line:of the superstruoture shall be a .straight line until -it intersects the.pre.sent:street grade at Brknson Street: (1) MAIN STREET. At the intersection of Main Street and the Tracks of said railroad the surfaoe of said street shall be depressed twoand six -tenths (2.5} feet below. the top of `the highest_ rail of the tracks at -said intersection as now maintained; clearanoo shall be twelve and one half (12-�) feet between the surface of the street as fixed.abov.e and the superstructure over said street; .the grade of the approach of said street north from the, north line of the super- strueture.shall be a level grade to a point one hundred and twenty (120) feet south of the south line of South Street, and on the south the grade shill be a straight line from'the south line of the =pvvztrueturw until it intersects tke pre -sent street grade at the north line of Bronson Street. (1 } Mt fIGAN STREET. At the intersection of MI Street.and the tracks,o saidrailroad, the surface of said street shall a depressed five-' feet below the toptof the highest rail of the tracks at the intersection as now maintained; clears ce shall be fifteen (15) feet between the surface of the street as.fixed above, anj the bottom of the superstructure over said street; the grade _ of the approach of'said street on the north shall be a level grade from the north line of the superstructure to s point sixty five (65) feet north of.the north.line of Bronson Street and•tke grade of the approach on the south shall be a level grade from the south line d f the superstructure to the south line of Bronson Street, and south, from the south line of Bronson Street, shall be an ascending trade of two and one half (21) feet toeaoh one hundred (100) feet until it In- erseets the present grade of Michigan Street. (14) BRONSON STREET. At the intersection of B.ro Street and the tracks of said railroad (which street intersects them at',.ther-: a4�m point that Miohiggan Street does), the surface of said street shall be depressed fives) feet below the top -'of the highest rail of the tracks of said intersection as now maintained; the clearance shall be.twelve and one half (1211) feet between the surface of the street as fixed above and the bottom of the superstructure over said -street; the grade of the approach of said street east from the east line of the superstructure shall be a level grade to the easterly line of the right of way; and the grade of the appooaeh west from the west line Bf Michigan Street' shall be an' ascending glade of three-s(3) feet to a ah one hunowd (100) feet until it intersects the present street grade of Bronson Street.' (15) The g r4de of the first J-11ay south of South Street err extending east -from Michigan Street shall be changed, and the -grade east from tke east line of Michigan Street as established at No 13 above shall be an ascending grade of three (3) feet to each one hundred (100) feet until it interaects tge present grade, of said alley. (16). FELLOWS STREET. At tke.intersection of Fellows Street and the tracks -of said railroad, the surface of said street shall be depressed as -fol- lows:- The grade of said street 11NI feet north of the north line of Sample Street shall be depressed four and seventy five (4 &75'100) feet below the ;top of the highest rail of the tracks at said intersection as now maintained, and the'grade Of said street where the northerly line of the right of way intersects the center line of said street shall be depressed .six (6) feet below -the top of the highest rail of:the tracks at said interseotion,as now maintained, and the grade of said street between said points shall be a straight line connecting the points as fixed -above; clearance shall not be less -than fourteen. (14) feet between the sur- face of-.tke street as fixed above and the bottom of the superstructure over said street. The grade of the apprach of said street swath from the grade established above at the point one hundred eighteen and one half (118-.;ls.) feet north of. the �oath line of Sample Street shall be an ascending grade of two and one half feet 2 ) to eaoh one hundred (1b0) feet until it intersects the present grade of F:Ylows Street. - (17) The grade of Tutt Street whioh inrerseots Fellows Street she be c�. n d to onf rm tho ads f Fell s Str a as enb fished t N 6 Dove, and a grade or saita store we s� from the Wes fine of Fe lows S,ree� shall be an ascending grade of three (3)"feet to each one hundrred (100) feet until it inter- sects the present grade of Tutt Street. - (18) SAMPLE STREET. At the intersection of Sample STREET AND the.trAcks of said railroad the surface of said street shall be depressed as follows: the grade of said street one hundred and eighty (180) feet east of the east line. of Fellows Street shall be depressed four and one half (41) feet below the top of the highest rail of the tracks at, said intersection as now maintained; and the grade of.said street where the easterly line of the right, of way interseccts the center line of said street'shall be de�ressod five and eight tenths (5 % 10).feet _ • 69 Wednesday January 23rd. Continued.,, below the top of the highest rail of the tracks at said intersection as now maintained, and the grade Of said street between said paints shall be.a straight line of connecting points, asfixed above; clearance shall be not, less than fourteen (14) feet between the surface. of the. street as fixed above - and the bottom of the superstructure over said street. The ggrade of the approach of said street west from the grade..estabiished above -at the point one �iundred and eighty 1(184. feet east of the east line od Fellows Street, shall be a six straight' line until it intersects the grade of Fellows,Street'as fixed at No-. 16. above; a nd'the grade of Sample 'Street west of the west line *f Fellows Street shall be an as- cending.grade of two and one half.(2*) feet to eaeh,one hundred feet until it interaects the prevent grade of Sample Street. (19) R'USH STREET. At the intersection of Rush Street -and the trao]4a of saitd ailro d (which street intersects them at the saml point that Sample Street does) the sur- �aoe o said street shall be depressed as follows'_ The grade of Rush Street where the same intersects the north line of Sample Street shall be depressed to cnfiform with the grade of the north line of Sample Street as fixed at No. 18-above,,. and the grade of the approach of said'street north shall be a level ggrade from -the north line of.Ssnple Street to the northerly line of the right of way of'said railroad and the grade of mush Street where the same intersects the south line of Sample Street shall be depressed to conform with the grade of the sath line of Sample Street fixed at No. 18 above, and the grade of the approach of. said street south shall he a straight line from the south line of Sample Street tc the north line of Ohio Street. Clearance shall be not. less than twelve and one half (12 ) feet betweeil the surface of the street as fixed above and-+bo bottom of the superstrpro over said street. (20) The grade of Angle Street which inrersects b®th Sample Street and -Rush STreet shall be changed sothat it shall conform to the grade of Sample Street, as -fixed at No. 18 above,,and.with the grade of Rush,Street as fixed at No. 19 above, and the grade of. said street between the points as fixed above shill be a straight line., The grade of the first alley south of Sample Street,, which interseets,Rush;Street on the.west stdw be -changed soas to conform to the grade of Rush STreet as established above, and then ascend to the w4st, at the rate.of five,(5) feet to each one;*hundred (100) dwwr until it intersect the present grade of the.alley. The grade of the first alley east of F*llows Street which intersects.Sample Street on the south side shall be changed so as to conform to the grade -- of Sample Street as.established,at No, 18.above, and then ascend to the south it tkw rote o five(5) feet to-rach one hundred (100) feet until it intersects the present grade of said alley. (21) OHIO STREET. At the intersection of Ohio Street and the tracks of said railway the surface of said 'Street shall be depressed three (3) feet below the top of the highest rail of the tracks at said intersection as now maintained; clearance, shall be twelve,and one half (12;) feet between the surface of the street as fixed above and the bottom of the superstructure over said street; the grade of the a proaehes to the east and the west of the superstructure shall be a level grade until it, intersects the preseb,t grade.of Ohio Street. (22) MARIETTA STREET. At the intersection of Marietta Street and the tracks of said railroad, the surface of -said street shall be depressed three (3) feet below the top Of the highest rail of the highest rail of the tracks at said intersection as now.maintaiaed to confem to the rade of Ohio Street as fixed at No. 21 above; clearance shall be-twolVe and one half (12jF) feet .between the surface of the street as fixed above and the bottom of the sup.erstruoturt-over said street and the grade of the approaches to the north and to the south of the superstructure shall be level grades -until they inter- seet,. the. present grades of Marietta "rreet. . (23) HIGH STREET. ' At the intersection of High STREET AND THE TRAC§S of sat.d railroad, t he surface of said street, shall be depressed four(4) feet below the top oft tkr hiighest rail of the tracks at said intersection as now maintained; clearance. shall be fourteen (14) feet between the surface of the street, as fixed above and the bottom of the superstructure over said street; the grade of .the 'apprggch of sa ld street, north from the north line of the superstructure shall be a level rade to the cehter of the first alley south of Ohio street and then a descending grade or two and one half (2--) feet to each one hundred (100) feet to a point eighty-five (85) feet south of the sauth Iina,of Ohio Street; and the grade of the approaoh of said street south from the south line of the super- - structune shall be a level grade to apoint sixty (60) feet north of the north line of the slley north of Wenger S.rest, and then an ascending grade of two and one.half (21) feet to each one hundred (10 ) feet until it intersects the present grade of said street. (24).. The grade. of. KEASEY STREET where the same intersects the west line of High Street shall be changed so as io conform t,o. the. grade, d'f High. Street *s fixed in No. 23 above, and the grade or said street west from tkw west line,of High Street shall be an ascending grade of three (3) feet to each one hundred (100) feet until it intersects the present grade of said street. The grade of the first alley south of Ohio Street which intersects the west line of High Street shAll be changed so as to conform to the ggrade of High Street, and the grade of said alley west of the west line of High Street shAll be an ascending grade of five.(5) feet tb each one hundred feet until it intersects the present grade of said alley. . 1. (25) The grade of Miami SVreet Where the same intersects the tracks of said railroad shall be raised eight and four tenths C8 4/10) feet above the top of the highest rail of said tracks as now maintained; and the tracks of said.company across said street. shall be raised to conform to ttho grade of said street when ehanged as provided herein. The grades of said street from the nortkerly and southerly rails of said 8feet racks shall respectibely be descending grades at six (6) feet to each one hundree (10 until i N ` Wednesday January 23rd. Continued,,z they intersect the present street rades of Miami Street. The grade if Brook Street which intersects Miami Street on t e'west side,shall be changed. so a as to conform to the grade of Miami Street and then descend at the rate of eight (8) feet to each one hundred (100) feet until it intersects the present grade of Brook Street., (26) Tke grade of MARINE STREET where the sAqie V terseots the tracks of said .railroad shall be raiseddthres and three tenths (3 10) feet above the top, -of ;uke highest rail of said tracks as now maintained, and the tracks of said company across said street shall be raised to conform to the grade of said street when changed as provided. hereinn. (27). The tracks of the GRAND TRUINK WESTERN RAILWAY COMPANY 'aad the NEW_YORK CENTRAL RAILRAOD COMPANY V the point where they cross just east of Arnold Street -shall be raised six and one half (6-2) feet above the top of,tke rails of the crossing frogs as now maintained at said crossing; and the tracks of said rsilways shall be raised to confort to the grade of said crossing point when changed as provided herein. (28} The grade of DIVISION STREET SHALL be changed, beginnfrrg-at a point one hundred (100) feet east -of the east line of Pine Street And 1##eh ascend-in� seven tenths (0.7) of,a foot in each one hundred (100.) feet to the. west lime o Laurel S-treet, at which pdin the raise in the grade of Laurel Street shall not exceed. tree and ,four tenths NO feet above _the present grade of the Tracks of the Grand Trunk`Weste.+n Railway Company. The grade of'Div sion Street, from the last abve mentioned point, shall be a descending grade of. five (5) feet in each one hundred (100) feel,, unti.l-it intersects the present grade of Division; Street west of Laurel Street; and tke grade of Laurel Street shall be changed so as to conform to the grade of Division Street,•and on each side of Division Street shall be descending grades of five (5) feet to eiex one hundred (100) feet, until* they intersect the present street grades of Laurel Street. The grAde of Pine Street Which intersects Division Street and the tracks of the Grand Trunk Wwstorn Railway �o*pany, shall be ckanged so as to conform to the grade of Division Street As herein established, and shall deso*nd from each side thereof at the rate of five (5)_feet in each one hundred (ka0 feet, until it intersects the present grade of Pine Street. (29) That the tracks of the different railroads herein referred to squall be raised so as to conform to the different street grades as herein fixed. (30) That all streets over wlkieh the tracks 6 the New York Central Railroad Company are required by this resolution to be raised or elevatedip shall have the full amount of the clearance as provided for in this resolution for'each of said streets for the full width beneath the superstructure, and that at all points where there is a change in the direction of street grades as fixed above suitable allowana*s shall be made for vertical curves. (31) And the tracks of the TERRE Haute and Lggqnsport Railroad Company, Oliver. Chilled Plow Compiny and Studebaker Corporation, whose tracks intersector connect with the tracks of the New York Central Railroad Company, if said companies o r any of them, shall desire to keep and maintain said connections, shall be raised so as to conform to the grades of said New York Central Railroad Compj-ny as herein established and make proper connections with same. (3 ) That the said improvement shall be made and paid for accordin to the method and manner provided for iri an act of the General Psembly of Indiana of 1923, Pago 110, or any other law applicable thereto. That the Chieago.South Bend and Northern Indiana Railway Company, which maintains street car tracks at Chapin Street and Mixhigan Street, where tie same intersect %kzxtazakaxa2 said RAi'lroad Company be and is hereby.ordered to re- construct its tracks according to the grades herein provided for. All other resolutions heretofore adopted by the Board of Public Works for the separation of tracks frmm the grades of any streets be and are hereby rescinded. BE IT FURTHER RESOLVED That notice of the t-and place for public consideration of this resolution be given in the manner provided by law.. Notice of this resolution shall be published on the .......day of ............ and one the .......day of........t9....in the South Bend Daily- Tribune and the South Bend News Times. Adopted this 23rd day of January, 1924_ BOARD OF PUBLIC WORKS L. P. Hard yghter Attested Albert F. Honer Veronica C. Sweeney Clerk of Board. P d a Claims were opproved as follows: - City Water work $*6.71 John W. Fites 3.60 So. Bend. Boiler Works 13.50 The Howard Cranfill Co. 7.61 Valley Oil Co. 99•04 So. Bend Flour and Feed Co. 45.15 Taylor's Tire Shop 6.50 G. E. Meyer & Son 1.80 Williston Construction Co. 3321.70 Holrya ro s s and Nye 2.85 W. A. Slick$ Treas., 109761.64 Western Union Teleg. Co. 1.32 Atiteste :- Clerk of the Board. Ift