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HomeMy WebLinkAbout03/05/1924 Board of Public Works Minutes157 Board met in regular session at 7:15 P.M. All members present. On account of the number of interested property owners and citizens present this meeting adjourned to the Common Council rooms in the City Hall. Hearing had on assessment roll and final estimate for River Park Sewer System No. l under Improvement Resolution NO. 1016. IN the City of South Bend, Indiana. about defective In the above matter property owners app ared and filed oompkaints curb and walk and damages for same, Thomas Ragan of 1331 Otis Street sidewalk, broken by filling in. Jess E llinger 1324 So. 11th. St. sidewalk and curb broken. .Jas.- Burger 946 South llth. St. damages to flowers, garden lawn and trees Amt. $42.90 D. J`.°Sinninger 1325'So. Otis St. complaint about side broken. Ray Riggs 939 So, 13th. Street sidawalk, trees schubbery amt. $123.00 00 J. Faurote 927 So, 12th. Street broken curb and -Deft dirt in street. No written remonstrances were filed. The Board therefore find that the property assessed In said roll filed February 6th., 1924 is benefitted in the amounts as shown,on said roll, and the Board further find, that the assessment rfil- 'Piled February 6th. 1924 and the final estimate allowed February 6th., 1924 should be and. the same are hereby in all things ratifiedo confirmed and approved. The Board ordered that the sum of $500.00 be with -held from Cutractor until sidewalk and curb etc., are repaired. This being the date set for the deferred hearing on Resolution No. 1283 for :the River Park 2rax Sewer System No. 3, in the .City of South Bendl, Ind... The Board had given notice of the adoption of said resolution, met pursuant to sai4 notice under date of February 20th., 1924 and continued said hearing to March 4th., 1924 at 9:00 A.M. and then continued 'said hearing until this 5th, day of March 19249 and having under consideration all remonstrances filed and considering all evidence presented by any persons interested in said proposed improvement. Attys. Hammerschmidt appeared for interested parties for said sewer. Atty Gilliom appeared for remonstrators. Written remonstrances filed this 5th. day of March 1924. The Board after � oonnsidering edidenee offered modifieditsaid original resolution by eliminating, that portion of sewer on north side of Jefferson East of 26th. Street formerly 9th. Street, extending north from Jefferson Blvd9 and Jl-C. Birdsell, Libbir B. Pace, w. J.`. McIntyre agree to pa_ftg1,Aph B. kaxzk of their.remonstratrance(hereinafter. spread on this record)be changed to Fuur (.004) mills per square foot. City Engineer F. J. Anderson filed md(Iffidd estimated cost to estimated cost filed February 20th.9 1924 to read $375.000,00 to 0011form to plan as modified. The Board now finds that the area or d.istrict.to be drained is roperly bounded as described as follows: P --- - - - - 3a► Awasm" OVA tho QW&W 1 or t eea 1 W � It t 41 V*A of SM tom. two rw" 40(0011 , } w fix. 3 A f r 158 - , '� � �Iw: -., - - - - fi:. *'-mac-: wr+r+* ,na=i,lFaw�, -#M€ ,.�' , •.9�, . special and further finds that ahembenefits to t"he. property within such district oP ;area and the benefits to the .City (if any) will be equal to or exceed the estimated cost -of said proposed improvement as modified bj City�,Ingineer this 5th. day of March 1924 and as shown by the modified estimated cost of the City Engineer, and the bail :. resolution is now in all things ratified, confirmed and approved.a's modified. Resolved further, that notices be published on the 1.,8th. day of M arch 1924 and on the 25th. day of March 1924 iri the South Bend News Times and .Tribune in said City, newspapers 6f general cir_eulation, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. Tuesday April 8th., 1924. The Board reserves the right to reject any and all bids. • Copies of written remonstrances filed in the above master; TO THE HONORABLE BOARD OF PUBLIC WORKS SOUTH BEND, INDIANA. GENTLEMEN: - The undersigned, owner of the following described property, to -wit: - Beginning at a point 62---2 ft. south of the center of Section 8o Township No. 37 North Range 3 East;•thence south along the north and southquarter tectiob line of said section 8 0525.4,ft. more or less to the north line of the.right of way.of the Grand Trunk Western Rail oad; thence east a distance of 1458,35 ft; thence north 421.4 ft. more or less to a point 100 ft. south ofthe south line of Jefferson Boulevard; thence east 336.65 ft. more or less to a point 40 ft, west of the west line of Seventeenth Street; thence north 100 ft. to the south line of Jefferson Boulevard; thence west along the south line of said Jefferson Blvd. 1795 ft. more or. less to place of beginning. AJ so beginning on the south line of Jefferson . Blvd. at a point: 40 ft. east of -the east line of. 17th. St; thence south 100 ft;. thence east.to the west line of Logan St., thence north 100 ft. to the south line of Jefferson Blvd; thence west along the south line of Jefferson Blvd. to the place of beginning. Respectfully remonstrates against the construction of the proposed RiveR Park Trunk sever, District No. 3, and for the cause of remonstrance says: that `the estimated cost of such proposed improvement will be greatly in excess of the benefits accruing to said property by reason of the construction of s d proposed improvement, and that the benefits to the City of South Bend will not qualto the estimated cost of the improvement as aforesdids Respectfully submitted$ WAL ER J. MCIPI' y,.T�E BY WM. P, 0 � XIEL South BNd, Ind. March 5,1924i Atty FILED MAR. 5 91924 . BOARD 0 PUBLIC WORKS BY VERONICA C. SWEE,' Clerk; 159 Wednesday March 5th., 1924. Continued. To the Honorable Board of public "Works South Bend, Indiana, Gentlemen:,;`. The undersi ned owner of the followingdescribed 'property, to -wit:- Beginning at- a point 62- : ft. south of the center, line of" Section- S and, extending' south along the west lone of Logan �19th. - ) -Street 100 ft' thence west 169 ft,; thence_ north ' 100 ft; thence east 169 ft, to the place of beginning. Respectfully remonstrators against the construction of the proposed River Perk Trunk sewer, District No, 3 , and for cause of remonstrance says; that the estimated cost of such ppopos�ed. improvement will be greatly in excess of the benefits accruing to said property by reason of the construction of said proposed improvement, and that the benefits to the City of South Bend will not equal to the estimated cost of the improvement as afore- said Respectfully submitted, N. R. SHAMBLEAU PILED March 5th., 1924. BY WM. P. O'NIEL, Atty. BOARD OF PUBLIC WORKS BY VERONICA C. SWEENEY Clerk. to the Board of PUblic Works of the Cityiof South Bend, Indiana. Gentlemen:- W*t4 reference -to improvement resolution No. 1283 now pending before your Board for the improvement of River Park sewer system #3, the undersigned property owners within such assessment area defined in the resolution and sewer map now on file in this proceeding, remonstrate separately and severally, each for himself, against said improvement, on the grounds and each of them following, to-:vit:- 1. That said improvement is not required by the public needs. 2, That 3ihe cost of the proposed improvement would be excessive, considering the character and value of the real estate to be assessed. 3. That the cost of idid improvement will exceed the benefits to the :0641 estate to be assessed. 4. Thst the Board of PUblic Works has no legal authority to order the same, 5. That the depth of the trunk sewer as stated In the specifications and resolution on file is more than is required to effectually drain the area to be affected, which makes the cost excessive. ° 6. That the size of the trunk sewer as stated in the resolution on file is greater than newessary, and makes the cost excessive, 7. That, the lands of the undersigned' remonstrators and each of them lying within said assessment area, are farm lands, unplatted, and that 'there is ho demand for the platting of the same, or the use of said lands as City property at the present tine, and no proppeet that the lands of the undersigned ,and each of them lying within said area will, within a reasonable tithe, be subject to demand for use as City property: That no other City improvements have been made waking said lands of remonstrators and each of them available for use as City residence property. 0. That the lands of the remonstrators and each of them lying within said assessment area would not now or within a reasonable time in the future be benefitted either directly or indirectly by the construction of said improvement. 10. That there will be no immediate demand and no demand within the reasonable future for the lands of the undersigned for either residence or business purposes, owing tothe following reasons: (a) That there are not, now any industries located within the vicinity of any of the lands and that there are not any facilities for such industries within the vicinity of said lands; that the -principal industries fin the City of South Bend are located in the southerly and westerly portions of said City and that the demand for vacant lands for residence and business purposes will be n the southerly and westerly sides of said City of South Bend for many years hence. (B). That the impending track elevation within said City of South Bend will open up the north and *ouch thorogghfares in said City 6f South Bent and for that reason the demand :kz for vacant land for residence and business purposes for many years hence will be on the southerly and westerly sides of the City of South Bend, (C). That intervening between the built up portion of the City of South Bend on the easterly side thereof and the lands of the undersigned remonstrators, there is a tract of approximately two hundred acres which will in the -near future be available to accommodate the expansion of the City in an easterly direction, which said tract is near the street car line and has already been furnished with.sewer facilities for the construction of which the lands of the undersigned have already been assesssed, and the assessment thereof paid by remonstrators; 11. That the lands of the undersigned have already been assessed and paid an assessment for the construction of a sewer outlet knwon as the Emer1gon Street sewer; that'by virtue of said assessment the lands of the unde)rs:rgnej, are` entitled to use the said Emerson Street Trunk as a sewer outlet, which sewer ks in all respec.t,s. adapted to and of sufficient . size and cepacity to drain, the lands of the unde.rsi.gned, and that by reason- of :the, foregoing thereis no 4emand- or need for tha construction of. Add"T ionl trunk sewers to serve the lands' of -the --the under... signed. 12. That for the.foregoing.reasons , stated asassignments in2this remonstraneem it would be an abuse:of disoretion,to include the jands:of the under- signed remonstroi6tors and` to assess the saidi lands propor ,,ionately with other. lands Included in the assessment area for the purpose of paying the costs of constructing said.sewer system. The undersigned remonstrators and each of them,,however, state that they would be content with theimprovement,of said River.Park Sewer System No. 39 according to the plans and specifications now on file, bf the following conditions are observed: o . (a) That -the said resolution be ;modified by omitting the construction of the sub -trunk on Jefferson Street east of Ninth.Street. (B) That the indirect assess merit against the lands of the remonstrators and each of them do not exceed three and three quarters mills (.00315) per sq. foot; and that if by virtue of lower bids a saving is affectedi-that; the saving which will be included in the direct assessment shall inure to the lands of the under- signed in the same.proportions tha% they bear -So the total assessment area. The undersigned:remonstrators state further that if the foregoing conditions are observed they will wiive the right; of appeal from the -'assessment roll. _ Respeottlly submitted, . LIBBI:§ PACE BY J. C. BIRDSELL Atty in fact. 'i AUDE :P. COQUILLARD BY ALEXIS COQUILLARD AGT. HELEN M. TOWLE BY her. Attorney S. B. PETTINGILL March 5,1924. The undersigned Birdsell and Pace and McINtyre agree to all the foregoing except that paragraph 2 Section B. be changed to four (.004) mills per square foot. Libbie G. Pace, W. J. McIntyre, J. C. Birdsell, APPROVED MAR.. 5 , 1924. BO4.RD OF PUBLIC WORKS. BY L. B. SLAUGHTER President. 1924. modified. Filed by City Engineerton same estimated filed under date of Feb. 209 3-5-24 The above estimate modified to read $375.000.00 to conform, to plait as Frederick J. Anderson, City Engineer. Deferred hearing had on Condemnation Resolution NO. 82 for the securing of sufficient land for the construction of a trunk sewer across Lot -No., 3 B. F. Dunn's Sub. Div. and an Easement for the maintenance of -said sewer. In the above matter Atty. Gilmer Appeared representing property owner owning said lot to be condemned, but no written remonstrance was filed. The Board `therefore sustain all former action taken, and declare the above described property in all things, condemned and appropriated cor public use -and this resolution in all things, ratified, confirmed and approved. The.Board further ordered that the City Engineer be instructed to preparea roll of all owners or holders of property and of valuable interests therein sought to be tkane or to be injuriously affected which list or roll shall. } also describe the property beneficially affected and show the awards of damages f 'and assessments of benefits in the above matter. ,. Wednesday March 5th.9 1924. Continued. , Thim being: elate se, for the.deforred hearing on Condemnation Resolution r No. 73 for the "easement for a trunk sewer, across Studebaker tract, same continued until Wednesday March 12th.;.,1924 at 7:15 P.M. ' Hearing had aon assessment roll and final oestimaatvement e o P-ion; Sewer o ink he Sttreet from Michi- n Street t6 Lie llo<+�s Shea L under Impr, City of South Be i, Ind lane ' In the above matter no `remonstrators appeared and no written remonstrance was filed. The 'Board therefore find that the proper-ty assessed in said roll filed February 6, 1924 is benefitted in the amounts as shown on said roll, and the Board' further find, that the asses'sm -nt roll filed, February 69 1924 and the final estimate allowed February 6, 1924 should be and -the saw are„.hereby in all things ratified, confirmed and approved. The deed of Joseph H.. Woodward and wife to City of South Bend of a strip of lend in Bugbes's 1st Addition to City of South Bend approved. Said deed is in the words and figures following' W A R R A N T Y D E E D This indenture witnesseth that Joseph H. Woodward of St. Joseph County, State of ndiana heirs and assiggns, for the sum of .... • .One Dollars, the following Real Estate In t. Joseph County, in they State of •Indiana to -wit: A strip of land 8'Eight feet wide off the West side of lot No. 15 (Fifteen) in W. A. Bugbee's first addition to the City of South Bend, running the entire length of said lot. Sub-ject to the taxes for 1924 payable in 1925. And C ovenant for it's heirs and personal representatives that He lawfully seized of the premises, has good right to convey nce e,ndthe ethat Heand Aw 11EWARRANE the TuAND iet possession thereof, thAt the same are free from all incumbra THE TITLE to the same against all lawful claims, IN WITNESS WHEREOF the said Joseph H. Woodward and Agnes AC. DWoiddwward (his wife) have hereunto set their hand and seal this 27th day of Februarys 924 Joseph H. Woodward (SEAL) Alines C. Woodward ( SEAL) STATE OP INDIANA, ST. Joseph County, Before me, the undersigned a Notary Public in and for said County, came Joseph H. Woodward and Agnes C. Woodward, his wife and acknowliEdged the execution of the ab deed. Witness my hand and official seal this 27 day of February, 1924. My Commission expires Mar. 249 1924 • Wilma A. Wolf (SEAL) Approved Mar. 59 1924. Board of Public Works` By L. B. Slaughter, President. City Engineer Anderson filed Estimated Cost as follows: Pavement On Fisher Street from Harris Street to the 2nd alley west of Harris Street at '-84,248.00 Lafayette BBulevard Pavement and Widening Impnov4emennt from south lind of Jefferson Street to the North line of Division Street at $249 9 1.00 Pavement and Widening Improvement on Washington Ave. from east linofthe sough Mich - igan St. to easterly line of Lincoln Way East, also Lincolny East from Washington AVe. to the south line of SAmple St. •at $143.ue6.00 Main St. to the second alley west of Pavement of CIty ;all Court from Scott St. at $15, 388.00 Pavement Improvement on Fox St. from U1enigan St. to Fellows St. at $199788.01 Pavement Improvement of the alley south of Monroe St. from St. Joseph St. .to Carroll St. at $20185.00 Pavement Improvement on Fisher St. from Chapin St. to McPherson St. and McPherson St. from Fisher St, to Sample ST. at U80044•.00 _ Pavement Improvement on Harris St, from Ford St. to Sample St. at $112304.00 Pavement on Gorge Ave. from Sample St, to the alley at the northerly @end of George Ave; "also alley from northerly and of George Ave. to Marietta St. at $9,172.�0 Pavement Im Movement on Dubail Ave. from Leer St. to the firsi, alley east of Clyde St. at $79680,00 162 Wednesday March 51 1924. Continued. Pavement Improvement on Dunham St. from Chapin St. to McPherson St,; also Laurel St. and McPherson St. from Dunham St. to Fisher St. at 21,760.o0. Pavement and Widening Improvement of Jefferson St. from,Lafayette Blvd: to Taylor St. at $259341.00 , Grading ,and. Cement Curb on both sides of EWi'ng: Av.e from�Miehigan St. to Olive St, and-eement sidewalk on the North side of Ewing Ave. from Michigan St. to Taylor St. ah&,.Yrom Kendall St. to Olive St. at 599343.00 Grade, Curb and Walk on Sorin St. from Walsh St: to east, line, ot� "ark Place /Addition.. to _ City of Souhh Bend, at $2, 550.00 Gr$�e, CUR�3a& Walk on Highland Blvd. from 'Delaware St. to Prairie Ave. at $4,340.00 : Grade,` Curb" `&rid Walk on Franklin St. from Calvert St. to Ewing -Ave. at $ 6, 734.00 Grade, -Curb and Walt on Carlisle St. from Deleward St. to Indiana Ave. at $5,960.00. The following Resolutiozs•wFre Adopted: CONDEMNATION RESOLUTION NO. 649 1924. RESOL ED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. That the Following dezeribed property be appropriated for the use df said city: Beginning at the intersection of the east line of Leeper.Avenue and the south line of Napoleon STREET: THENCE SOUth along the east line of Leeper Avenue twenty (20) feet; thence easterly to a point on the westerly line of Niles Avenue twenty 20) feet southerly from the south line of Napoleon Street: thence north westerly along the westerly line fi Niles Avenue twenty (20) feet to the south line of Napoleon Street; thence west to the place of beginning._ THE FOLLOWIKG DESCRIBED PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY SUCH APPROPRIATION: Beginning at the north east corner of Harter Hevights Second Audition; thence west along the north line of said Addition and said line extended to the west line of Leeper Avenue;t4hence,nerlth aloe the west line of Leeper Avenue to the north line of lot.41 in Samuel Leeper'S fropoodd Third Addition; thence west along the north line of said lot 41 to the Indiana & Michigan Railway CO., thence southerly along said Railway to the easterly line of the Michigan Central R. R. Co. thence southerl along the easterly line of said Railroad Co. to the southerly line of lot eight (ST Signal Hill Addition; thence easterly along southerly line of said lot to the westerly line of Niles Avenue; thence southerly along the west line Niles Avenue to.a point due west of south line of lot (1) Dallman s Addition extended west; thence east along said line and said line extended to the first alley east of Standield Street; thence north along said alley the first alley to the first.alley north of St. Vincent Street; thence east to the east line of Harter Heights; thence along the east line of Harter Heights to the -place of beginning. The purpose of such appropriation is to widen Napoleon Street. Notice of this resolution shall be published on the 14 th day of March, 1924 and on the 21st day of March, 1924. in the So. Bend Tribune & News Times. This Board, at its Office in the City Hall on the 9th day ofApril 1924 at 7:15 P. M. will hear and receive remonstrances from all persons interested in or affected by these procdedirigs. ADOPTED THIS 5th Day of march 1924. L. B. Slaughter BOARD OF PUBLIC WORKS. L. P. Hardy Albert F. Honer , Attest: Veronica C. Sweeney Clerk of Board , STREET OR ALLEY IMPROVEMENT RESOLUTION No. 1322 BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND. ST. JOSEPH COUNTY, STATE OF INDIANA, that it is desired and deemed necessary tci impdave La Fayette Street from N. Y. G. Ry. Co, to a point 703 feet south, as follows, to -wit: - Said Street shall be graded•abd the roadway thereof shall be widened to a width of 52- feet and paved, also the roadways of certain portions'of the streets add alleys Zich enter or intersect, said street shall be graded and paved. THE Pav- ing material to be used in Making said improvement shall be Sheet Asphalt, Bitulithie Asphaltic Uoncrete or Brick, and the foundation shall be portland cement, concrete six (6) inches thick far the sheet asphalt, bit,ulithic, asphaltic concrete and brick, also cement curb shall be constructed along said boulevard where same is . Wednesday March 5, 1924. Continued. 163 ne a . ess%ry and riot already constructed, nanholes . storm water inlets and conduits shall be c onstructed where. necessary; all nunhole tops and storm water ' inlets shall be set to the proper grade, cement rarginal -curb shall -be constructed al all street and alley intersect- ions where necessary, all as is .more particularly shown and all in accordance with the plans, profiles; detail drawings and specifications on file in the offioe*of the Department of Public Works of, the City of South Bend, Indiana. The Cftt,gf the improlvement herein prori�ied for, except street and alley intersectl0fts, ShF,1 9d ptu 4 -) &we,.5swent to be levied upon the property spec4aily b erciltted, to the amount that the seine 1M, 114L, 11Y tisessed therefor, In accordance with an Act of t'lle, CoEercl Ass¢mbly of the MtO Of Indiana, eR#*4 "An Act Concerning 11hunlcfp4 Corporations," a.D� ,)rov-,rj R.Tarch 6, 1905, and in AAOQrda4P9 with ax f4r$Wt to the Droyisiono Of all acts amendatory and supplemental thereto. TO cost of all street &ad alley intorroetions, tnelvAing ove-b-slf Of the W,41*h of tha tmvreyvemost ?"t and jaijeyg wt-Lielrua Into, bu,* d(k not crc:*a ai'd ro.�dwuy hern4m praptwed to be Iftp"Vid' Q*d l - r .04 of sqel '�tr�qt or alley abutt.lps. r?5rm prcperty to x.,,Ad CitCity;or upon propeat.not 411iNject 4.., P4id by t!tY i" cash Q"�t of 41-- szre�.,,l fo,rd_ If able to do so, of fromiv land w&. t y b� Ca F-ec!al ayseigme-At to b@ ',,v-4iod under t%q, p-roFiq;i0r:z of Srcctio-q log at th2 --bott tiatttled A& Six are to be p&!fl Ift ten squid anivai lit- 7,ore i,:,ijzrt z a lot, if deferred, a of ton dQ1147s S, par eorva u m. A bnT:d or bonds, will be Imaned to tke 40- stallmpnf�, -g!,h Interest at the ratfj of Sper cent pa Actoyr to the amount of such deferred asz s:n zats in pro raga payment for such irr f t 1 !Z�, s?'M-0, or 'for the lJ.ayDj.erlt Ci any t 'for. !?"o'ck ound, boudz, z ex - as shalt im',_!Ve eat, Or r�xch o h in o 1 � C')Z M r,All 1�auueys as saiq �y ","a 1� r �2 , .2 required to pay. f k LIlee pr e c tdia of aa- and i%,�I�zi.-�. ci t t, snd Acts Pmead- ­­1"Y tllpreOt work-t Ex the...... qK N'S IT FURT1171M nE'_�:OLVED, riRt tba r-� C I rd Of P hc.,,;r of 7: 5 P. Y., at the ellne of the ftard of Public ......... t!:p b,i r&tin of ?md prcr,�Sell .at whio lr as the timeji or v . cr.4!�� pro7-erty is li4bla to be iseA-ma" for said josid of Public NNIOrU will d improv&M"t and yr".11 ez,--Ide wh-FtPr e bE7::ed,z to L:-.e prQ-,1trtY lialole to be aFFeesed for said cDot ;ce _f tbe,, Mme srl nl!-Ce of e0n0d-rstlon ed �. rmblish on-ths. a i44 and MeAled ii-ihe m!Ltztr ProTlded brY 'F --�- Nl')t4ce Of this resola t;op aha.111 beBend Daily 7ibune & News Times N;, c* Ma re h - 1-924 and on the -2-1-S-1, - d-',v of Y ...... day 0 Mh- � .................... 1024.--- L. B. Slaughter BOARD OF PUBLIC" WORKS L. P. Hardy Albert F. Honer AtteStdd: Veronica C. Sweeney, ClErk of Board Claims approved as follows: F. C. Re Imold &Co. qP7 0 04 J. C. Louber & Co'. 29.50 Avenue Shoeing Shop 15.50 Elliott & Elliott 25.00 Dan R. Lontz Coal Co. 8.50 F. M. Patty 4.20 The Howard Cranf ill Co. 1.44 Elgin Street Sweeper Co. 138-70 Hagedorn & Webster 328.70 W. R. Hinkle 37-87 So. Bend Bdiler Works 500.00 So. Bend Supply Co. 13.50 R. E. Johnson Printing Co, 20.00 F. C. Reimold & Co. 1.=0 The Herr & Herr Co, 5.05 The Herr & Herr Co. 6.25 Al;testt, Presid t. Clerk of Board