HomeMy WebLinkAbout03/18/1924 Board of Public Works Minutes176
Wednesday March 12, 1924. Continued.
Improvement Resolution Nv 1319, Grade,,Curb and Walk on Bruce Street
from Kemble Street to Chapin Street at $3,022.00.
Improvement Resolu�inn No 1320, Grade, Curb and Welk on Brookfield Street
from Prairie Avenue to E'Wing, AVenue at •;17,144.00.
Attest:
C.9 kid
Pre
TUESDAY MARCH 18, 1924.
Board met in regular session at 9:00 A.M. All members present. Clerk
absent on account of sickness.
Mr. Keltner appeared before the BOARD IN•regard to purhhase of� a filing
cabinet for City Plan Commission, price 1140.00. Same a proved by the Board and
Mr. Kaltner given permission to purchase same.
Petition for Pavement on Emerson Avenue from Mishawaka Avenue to the
St. Joseph River placed on file, tobe taken up later in the season, about
August lst. 1924. When spring opens up street to be graded.
Letter from Hurwich Irnri Company asking for ten (10) more days to clean
up Lafayette Street read and same approved.
George Frederick Bachman presents Excavation Bond in the sure of $1,OOC.
Same approved.
Petittion for a light at the corner of Fellows and Bowman Si,reets
refused on recommendation of Pole and Mire Inspector.
The follo,�ing Assessment Rolls were filed:
Engineer filed assessment roll of awards of damages and assessments of
benefits for the Vacation of all Streets and Alleys in Realty and Construction
Company's First Addition except Keller Street, Vocation Resolution No. 83.
The. Board has ordered that notices of such awards of damages and assess-
mants of benefits be served according to law, and that said hearing be given on
same on May 28th, 1924-at office of Board, City Hall, 7:15 P.M. for purpose of hear
ing or receiving objections or anyperson or persons interested in same.
Engineer filed assessment, roll of awards of damages and assessments of
benefits for the Vacation of Alley lying south lot 25 george W. Swygart's 3rd
Addition from MA gnolia Street to 1st alley east of Magnolia Street, Vacation
Resolution No. 79.
The Board has ordered tiat notices of such awards of damages and assess-
ments of benefits be served according ta'law, And that said hearing be given on
same on July 2nd, 1924, at the office of the Board in the City Hall at 7:15•P.M.
for the purpose of hearing or receiving objections of any person or persons inter-
ested in said matter.
Engineer filed assessment, roll of awards of damages and assessments of
benefits for the C'andetna.ti6n of the first. alley south of Prairie Avenue from
Dorothy Street to the first alley west of Dorothy street) Condeunation Resolution
No . - 81.
The Board has ordered that notices of such awards of damages,and as5esp-
ments of benefits be served according to law, .and that said hearing be given
same on July 2nd, 1924 at the office of 4,he Board in the City Hall at 7:15 P.M.
for the purpose of nearing or receiving objections of any person or persons inter-
ested in said matter.
0
17?,,
Tua;a da,F Ar.0 h 18, 1SP-4 . C, ont inuad
he ity Engineer submitted the list of property owners in the natter of the
A pp [, opr as t 3 can of carts, in property rty under Condemnation Resolution No. 8� as shown on Page
az'nS roc oz•d, :v:-i:h. list then orsbanef is is llyrws z'orhe owners in juriouslydholders �affected,ot,ndrthety
A of In-4erestis s ought to be to ken ropriation
�a:i i yi r, of the saver; 1 piecas of -property which is affected key, the said app
p r oc a e d ,inks .
Thereon tbao�rd pr oceeded Lo award tha darra gas susta ined, and to assess
ka baz)az'i'4s accruin to each isieCa of property upon said list.
It :qas thereupon, u;;ori motion duly Trade and seconded andmIgesu unanimod net usly
adopted,
af its
the t ss id list togetrr r uii.h <amounts of be nefr�eisnoul 'fie adopted and that
tx xGt damages the in set forth as to the several pa
1, he r a s pa ive ;mount o ' berof its c on14 ined in said list be and era hereby assessed
3 a z;s uba savara 1 tr.%c Us of 1grnd as spacifice 1iy set forth in said list, and that the
ras 1 ac iwlve .s mounts of da wages c onla im in the sa i.i list be and are hereby awarded to the
severs 1 "urn Ct..�Y az' la nds as s pee if ice i1.y set forth in said list, and that the net benefits
Or. x�et dyer ;as , ss the case -,My be s,s to the respective tracts of land, contained in said
lis,u ,�,ra heraby aI;,varded or assessed is the case y be as to the said several tracts of
T% Hard +hereby further cats off the benefits and damges each against the
of hex, aura b otri be ne-f its a nd da wages are assessed against the same piece of property,
,Ar:,,ct r�x' ;�rd or interest s nd hereby fixes said respective net benefits as the amount that
3ba11. be , ,id by the respective ogners as benefits, and further hereby fixes the. raspect-
iva net ds,mUas s t0 the saver36 1 tr-;cts as the amount that shall be paid to, the . o.vners
of tha respect ive tr.a c is -.Is da ma ge s .
Thereupon, upon motion duly rrada and seconded and unanimously sdoptedj the
rid day of July, 1924 a t 7:15 P.M. w.3s f iced as the day on which this Board will receive
or Naar re ,ionstrs,noes from persons with regard to the amoun�� of their respective awards
of assessments , and the Clark of this Board was instructsd to prepare and cause to be
duty ax 3 lags, lly given, notices to the owners of each parcel of property, showing the
-,mount f uhe assessment or award, with a description of the property•affscted, and the
date of said hear ing .
Eiiginaer f iled asessment roil of awards of damages and assessments of ben
efit3 for the ',-1cstion 13f the alley lying betwean Lots 23'and 24 Prairie Avenue Addition
from Dorothy Street to first a lley west of Dorothy Street, Vacation Resolution No.,\91.
The Board h 3 ordered tba,t notices of such awards of damages and assessments
ofbar�efits be served sccerdin to law, and tbat said hearingbe given on same on July 2nd
1 4 at the office of the Board in the City Nall at 7:15 P.M. for the purpose of hearing
or racelvinQi ob ,sae t ions of any person or persons interested in said natter.
Engineer filed assessment roll of awards of damages and assessments of ben-
efits for the Ua :a? iox� of the t he lying
llhof Lots 1 in Johnson;s2Subdivis ion ofolarge oLot 118�
running .es,st and wast lying no
in in- e11's ist Addition, Vacation Resolution No. 80,
The Board bas ordered that notices of such awards of dameges and. assessments
of benefits be served, according to law, and that said hearing be given on same on July
2nd, 1924 at the office of the Board in the City Hall at 7:15 P.M. for the pulrpose of
hearing or receiving objections of any person or, persons interested in said matter.
Engineer filed assessment roll of awards of damages and assessments of ben-
efits for the Vac$tiorL of Elliott Street from Lincoln Way West to Bonds Avenue; also Bonds
Avenue from Elliott Street to Good land Avenue . A11 Streets and ALLEys in Ka ley's Olive
j Street Addition, Vacation Resolution No. 82.
' The Board has ordered that notices of such awards of da-mges- and assessments
of benefits be served according to laws and that said hearing be given on same on July
2nd, 1924 at the office of the Board in the City Hall at "7:15 P.NL. for.the purpose of
hearing or receiving objections of any person or persons interested in said matter.
Tha follosing communication was received and approved by the Board:
CHICAGO, SOUTH BEND AND NORTHERN INDIANA RAILWAY COMPANY,
South Bend, Indiana , Friday March 14th, 1924 .
To 1uha. Board of Public Works, City of South Bend, Indiana.
Gentlemen:
Relative to the improvemnt of Linoolxnvay East from Washington
Street to Sample Street. You will recall that I promised the Board on Wednesday morn-
ing, the 12th instant, to meet 11r. Honar, of the Board, and Mr. Anderson, the City Eng-
ineer, on Griday morning the 14th, for % further conference in regard to the STREET
Railway Company bearing a portion of the cost of the contemplated improvement.
Tuesday March 18, 1924. Continued., .
'This morning I met Mr. fIaner, of the Board, and. I klso met Mr. Anderson,
the City Engineer. I explained to them that, on account of the surrender of our
franchise it is a question whether any part of this cost, could be, legally
assessed against the street railway company. However, the City has been fair
and square with the Railway Company and the Railway Company wishes to be fair arld
square with the eity.
Therefore, laying aside the question of any legal authority to assess,
any part of.the cost against us, and with the understanding that this action on
our part is not to create a precedent, we will agree to undertake this work on.
the same basis as we did the improvement of the south end of South Michigan
street.. That is, the excess cost caused by using different materiel in the
street railway -tracks from that used on the balance, of the street will be paid by
the Railway Company. It is understood that, the Railway Company and,the Board
of Public Works will enter into a contract which will give the Railway Company
the right to take the 10 year plan in paying for its share of the paving.
APPROVED MAR 18 1924. BOARD OF PUBLIC WORKS Yours very truly,
L. B. SLAUGHTER President.
R. R. SMITH
2nd Vice Pres. & Gen. Mgr.
The Board took up the matter of printing of Annual Report. As the
Labor Publishing Company is in hands of a receiver and is unable to do said
printing, it was decided to have the work done by the next lowest bidder, the
Hibberd Printing Com 90ny, the work to be done as soon as Possible.
Mr. Fites appeared before the Board regarding purchase of garbage boxes
at a price of $1,400 for 6 boxes. Mr. Fites was given permission by the Board
to purchase the boxes; also to get written agreement from W. R. Hinkle Company
regarding same. Approved.
Mr. Polis appeared regarding a light at the corner of Ernsperger Street
and Ewing Avenue. No petition was filed, but the Board instructed the Pole and
Wire Inspector to look it over:
11r.Fites presented a bill from The Clinic for services rendered Elmer
McIntyre, broken arm, $46.00. Same approved by the Board; affidavit to be signed.
Communication was received and read from Indiana .Bell Telephone -Company
asking permission to-do following:
Set 1 40' C pole in rear Of 1139 South Michigan Street.
Set 1 40' C pole in'rear of 1207 South Michigan Street.,
Set► 1 38' C pole and one anchor in rear of 1303 South Michigan Street..
Set 1 35' C pole in rear of 1319 South Michigan Street.
Set 1 anchor at existing pole at the rear of 1601 South Main Street.
Same referred to Pole and W ire Inspector for report.
The following resolutions_ were adopted:
VACATION RESOLUTION No. 86.
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF.SOUTH BEND, INDIANA:
That it is desirable to vacate the following:
A part of alleys in AUGUSTIne's Addition as follows, to -wit!_
Beginning on the soUth line of the first dlley north of Lincoln Way,West
86.35 feet east of the east line of Adams Street; thence east, along south line
55.62 feet to the west line of lot 10 in Augustine's Addition,•thence north along
the west line of said lot 57.18 feet; thence south westerly to a point on the `east
line of lot 15 in Augustine's Addition 28.78 feet north of the south east corner
of 'said lot 15, thence south 28.78 feet to the south east corner of said lot;
thence west 28 feet,; thence south westerly 19-z'- feet to the place of beginning.
The following property may be injuriously or beneficially effected by
such vacation:
All
of
Lot
8 Augustine
Addition
n
n
n
9 tt
n
n
tt
n
10 n
n
tt
n
n
12 n
n
n
tt
n
13 n
tt
n
n
n
14 n
n
15 n
n
tt
n
n
16 tt
tt
n
n
n
17 n
tt
18 n
n
owned
By
Paul
and
Mary White.
Dora
J.
Staples.
tt
tt
n
n
n
tt
n
n
n
n
n
n
n
n
n
n
n
n
tt
n
n
n
tt
n
n
n
n
n
n
tt
tt
n
n
n
tt
rr " Ggorge" & Mafgare t Se hang
Tueada l ;rch 18, 1924. Continued,
ljotice of this resolution shall be published on the 29th day of April 1924
nd on iihkith da f 1h,y, 1924 in the South Bend Daily Tribune and the South Bend News
Times .
This 3card , at its off ice in the City Fla 11 on the 21st day of May, 1924 at
7:15 p.m. will hear and,rece'ive remonstrances from all persons interested in or affected
by 14hese prcceadings .
Adopters this lath day of March, 1924
BOARD 0 PUBLIC WORKS L. B. SLAUGHTER
L. P. HARDY
ALBERT F. HONER
STREET OR ALLEY IMPROVEMENT RESOLUTION No, 1328
BE I a,�EDOLVED BY THE BOARD 0{' PUBLIC WORKS OF THE CITY OF SOUTH BEND,
ST. JOSEPH CUUjiTY, STATE OF INDIANA, that it is desired' and deemed necessary to improve
Carooll Street from Broadway to Haney Avenue a,s follows, to-wit:-
Sa id street sba ll be graded and the roadway thereof shall be paved, and
a is o_the roadway of ceria in portions of the streets and a ileys `which enter or intersect
said street shall be graded and ;axed. The AVing material to be used in making said
improvement shall be Sheet Asphalt, Bitulithic, Asphaltic Concrete, Brick or Portland
Cament Concrete %vement seven (7) inches thick, and the foundation shall be-portland
cement concrete six (6) ine les thick for the sheet asphalt, bitulithic, asphaltic concrete
and brick, or rolled gravel six (n) inches thick for the brick, also cement curb shall be
c onstruc bed -i long said street where same is necessary and not already constructed,
manholes, storm water inlets and conduits shall be constructed where necessary, all
ranhole tiops a-nd storm water inlets'sball be set to the proper grade, cement marginal
curb shall be constructed at all street and alley intersections where necessary, all as
is more Articularly shown and all in accordance with the plans, profiles, detail draw-
ings and specifications on file in the Office of the Department of Public Works of the
C i `y or' S ou uh Be nd , Ind is na .
The cost of the improvement herein provided for, except street and alley
intersee Lions ,• shall be Aid by special assessment to be levied
•reet and alley intersections, shall be paid by
i�i8 QORt at "C�S.CTTtV£?11 E's't i;.t'� *i5^U�i1f°i itTr, 9=r•�e` £.
assessment to be la -,;Ed ulzon t:e r , ;arty s_ee`al'g bc-.efi:'ecl, to the amount that the same may be lcs�
ally asses" therefor, in a:,cordance a:.h an Act of the Gc. eral �Lsambiy of the 1te of Indiana, ent%t1e
` A-u Act Concerning Munidpal Corporatio-u,>" approved March 6, 15O5, aced in accordanC4 with a" PUX*%2&t
?a tAa grssisions of tail acts amendatory and raPplame" thereto.
The colt Of all ' e€t ari � r�
c ,tz r s 1 0 1 r r s
jute street and allf:> t
pF rtioz f G 1 s c:.' t r _, r r-- 1# ±ry s fti:: ti cru-
�t.C$ is,a� nm * ,t 11 be i::. u} f. - - lAo �t ,4 }.�-1 Act..
.:.t, ,by - acial air _m : t r, + r t t t.- :al an :�.} 'a -
to G t:;n f3[i."Jklt :-�.J 1 `i i `.1 1 �-, ,'-n->� to flia E::1-
stallnlents, —'. h intdrest at the .,-e rt r r .t
- •t
.rector to the amount of such d !E-r ed a� � L • �:i.. _
Under no circumstances shall the city of South Bend be, or be held reapossfble tw an' sum or sams
rue
lrrm said property owner or owrers for said work, or for the collection of tale st me, or for the ls3�t
Of load, bonds, carti`cate or c2r''sates, issued to said car RT
trzetor in pa^meat • r src?� work, except for sneA
=-z$sys as shall have actually been received by the C:t. from the asae>-ameats for ^tt+•h i rovrlto p on
ssonvys as said City is by s.,d entitled Act and wule_.a_u:at and su;; is"tents th _='o required Ilectpioau of e.-
prc�.re3inga had, and work d_�ne in t�e far.'rirg of sa'd i. , ..y.e�t, c <nt of Props y>
ar�raeats and is*hence of bc:::13 tk�:efcr, ai:aU be as y:�+: ��1 fir in Laid c vo c:t'.tled Act, d Oc2i iFr aA-
sfl.es tiiaoraof and surPle-:6 a1 t%e;eto.
P's I> rU-TIMn R'=3CLVED, T'a>Lt tb�. E02td of P�`=:
,pril.... 11.24 mt t-�e boar et ?: 5 P. x., at t'sn rM'e of *'*e B[+ard of Fn`+I!e
• • . • . + '3 the tits.a ash ptara, for the g'''"'•ic corsia*ri t'.on of Said. pro,.o� .1 improv at, at; �' ' '
port: of Yb C•tv, %4 all r.er9rra inrrreg`-ad, or wbcae property is t:s•`,lo to be arE ed for :s`ei
said !:�mrd .of P"blic '7J e w,ll t
i nrrc t Ord v 11 F de wt _'her the be_eft to t Fr=`Par:7 lief le to ht a� d for said improve ash. ,
>,oi t -s o.. d. 4.: t ! 9"`! Tfi,nr of P h Yi �1, C-""tom 4EI'.1ti0A p "'
will s ,aa .thE e.r q >r c i Cf.+ri�'
TE IT Ft a , cf t%!s r,F.r:: n p'• , I x ed on ths..«
an Haile- an tic r:._:_;a gr5v.3� y"y 1 �.�(d., u�:r urnd Tribune
li.h� .. ra-vio}2 t>Z.._�.i i f. - pr3.1: � h 1s
$aF J•k�. .. -f} y 0• ..... ...
Ail ptr+d
L. B. SLAUGHTER
BOARD OF PUBLIC WORKS: L. P. HARDY
ALBERT F. HONER
& News Times
iso
TuesdAy March 18, 1924. Continued.
Communication received and read from Mrs. Carlotta Murray Banta regard-
ing damage done to her maple tree in frnnt of her property when Lafayette Street,
seer and Jefferson Boulevard newer were put in. Same placed on fileC,
Communication received and read from City Attorney L. W: Hammond.as
follows:
South Bend, Ind., March 14, 1924.
Board of Public Works,
City Hall,
South Rend, Ind.
Gentlemen:
I have been asked to advise you whether the city has the power under
:Section 87109 Burns Revised Statutes toiiwprove two or more streets under the same
resolution. I have made a careful search for some authority based upon this Section
of the Statutes and have been unable to find any case where the question h4s been
decided by our courts, It was held in the case of Lewis vs. Albertson, 23 Indiana
Appellate, page 147, that a resolution for street improvements may embrace more than
one street. It has also been decided in some other States but all of these decis-
ions were based upon different statutes than the'one under which the city is now
operating.
Elliott on Roads and Streets in Section 694, is as follows: "Where the
statute forbids, either expressly or by.implication, the local office:Fs from
including more than one improvement in a single order of assessment, they have no
authority to provide for more than one improvement. It wOx4ld seem to be in har-
mony with the general rule that prevails in cases where the authority exercised is
_purely statutory that two distinct and radically different improvements cannot be
included in one general order of assessment, unless by express words or clear
implication it is authorized by statute. Improvements are not, however, necessarily
distinct and different because different roads or different streets are included, .
ferit may well be that the system is a single and uniform one, although it embraces
more than nne street. If, in fact, the improvement is a unity, an assessment may
be valid, although it embraces in its line more than one street or road. It may
often happen that in order to secure a complete end effective system it is nec-
essary to construct a rrn in line with branches, or to improve two or more streets at
once so as to secure a uniformity of grade, and in these, or similar instances,
there is no reason why the system may not be considered as a single improvement,
except, of course, where the statute supplies a reason for a different rule. A
valid statutory reason is always conclusive if it is not always satisfactory."
It is important therefore to examine our own statute to see whether there
exists any good reason why these two streets cannot be improved under a single
resolution and it seems to me that there is a very good reason in that it would
be possible to deprive abutting property owners of rights given them by the
statute if the Board had the power to connect one street where theproperty owners
were opposed to an improvement with another street where the property owners were
favorable to the improvement. For example, the statute provides that if prior to
ten o'clock on the morning of --the tenth day fram the date of the first publication
a majority of the resident free holdetrs on a street shall petition for a- different
kind of pavement than that designated by the Board, the Board shall adopt said
pavement. NOV, if we assume a case where a xong street is to be improved and
included with that of another short street and if the majority of the resident
property owners along the street greatest in length should decide upon asphalt
pavement, they might be able to force this kind of pavement upon the people resid,
ing along the short street although they were unanimous in their desire for a
different class of pavement.
Then too, there is the provision of the statute against letting any con-
tract for the improvement of a street where the total cost shall exceed forty per
cent of the aggregate value of the property abutting thereon, etc., and a provision
that the Board cannon proceed with an improvement if a majority in number of the
resident free holdd.rs on the 'street have remonstrated, except by an ordinance of
the Common Council. THERE IS AL^0 the provision for the filing of objections in
the Circuit Court by forty per cent in number of the owners of property abutting on
the street and liable to assessment, and I am unable to see how the property owner
can be protected in all of these rights unless the improvement is limited to one
street. While the question seems never to have been decided by the Supreme or
Appellate Courts of Indiana, under the present statute the City has no power to in-
clude the improvement of two.or more streets in the same resolution.
Yours truly,
L. W. Hamm City Attorney.
Atte t s :
]a
l9� Pre sidet
---Clerk of the Board