Loading...
HomeMy WebLinkAbout12/16/1924 Board of Public Works Minutes550 Wednesday December" 10th., 1924. Continued. Money with -held. from Harry N. Barnes for Brick pavement on Johnson Street under Improvement Resolution No. 1,302 is hereby ordered released. Contract with Isaaw W- .Staples as .contractor for the pipe sewer on Woodside Street from Michigan Street topellows Street as provided by resolution No. 1439 adopted October l-/+i,h., 1.9249signed and construction bond attached thi reto in the sum of $1,957.00 with the Fidelity & Deposit Company -of Maryland as sureties approved. Contract and bona.or,dered filed. Attest:- Pre ident. Clerk of the Board. Tuesday December 16th., 1924. a Board met in regular session at 9:00 A.M. All members preset present. Street Commissioner instructed to assist Vim. Qualls Pole and Wire Inspector and Supt. of Police and Fire'Alarms in installing a new automatic traffic light yet the corner of Lincoln Way East and Jefferson Street. Proposition received from Arthur V. Meyers Plumber in re furnishing new end section on radiator in wagon room at No. 6 Hose House at $24 .00 if additions sectlons are necessary acid t12.0^ each Approved and Clerk instructed to notify Arthur Meyers. Communication received from Attorney Samuel Feiwell representing .John Chumes in re damages for the death of son Andy Chumas. Peferred to City Attorney L. W. Hammond. Clerk instructed to notify City Controller to release money held up on Y. N. Barnes Contractor for the grade, curb and walk on Washington Avenue, and to Reith-Riley.Construotion Company on Hastings. Street and South Franklin Street grade, curb and walk. improvements. Contract with A. Sppdoni for pipe sewer on Frances Street' from St. Vincent Street to a point 40 feet south of the Southline of Napoleon Street as provided in tmprovement Resolution No. 1440 adopted October.14th. 1924 signed and construction bond attached thereto in the sum of $57.6.00 with the Standard Accident Insurance Company of Detroit, Michigan as sureties, approved. *Contract and bona ordered filed Indiana & Michigan Electric Company notified to discontinue for the winter months lights Nos. 447-686--6e7w699-700-837 and 838 -5nd incandes.eet 1 -ahts Nos. 1501.and 15020 same being in Leeper,Park Engineer signed assessment roll and final estimate for water connections on Sorin Street from Notre . Dame Avenue to Eddy Street, under. improvement Resolution No. 1442. Assessment roll adopted and final est�m to ,allowed. Notice of adoption of the assessment roll and of hearing upon the same on the 7th. clay of January 1924 at _7:15 P.M. ordered published as provided bylaw Tuesday December th.. 1024. Cont The following resolution adopted%,- R E S O L U T I O N. WHEREAS, the Now York Central Railway Comps;nyq a Corporation has made application to the Board of Public works of the City of South Pend, Indiana, for a right or franchise to construct certain tracks over and `across icertain streets and alleys within the limits of said City, AND WHEREAS, it is deemed expedient and necessary by said Board of Public Works to give said right and franchise. - THEREFORE, Be it Resolved, by the Board of Public Works of the City of South Bend, Indiana, that the following and attached form of contract be and the same is hereby determined tobe the exact form in which said contract be and the same is here -by: determined to be the exact form in which said contract shall be executed. And said Board does now hereby fix Wednesday January nth., 1925 at 9:00 A.M. at the office of the Board of Public Forks in the City Hall in the City of South Bend, Indiana, as the time and place at which a public hearing will be given to all persons interested as provided by law. That Board further authorizes and directs that notice of such public hearing together with a full and complete text of said proposed franchise shall be published as provided by law in the South Bend Tribune and South Bend News Times two newspapers of general circulation printed and published in said City of South Bend, St. Joseph County, State of Indiana. -South Bend, In._ d. De c . 16 ,1924 STATE OF INDIANA COUNTY OF ST. JOSERH BOARD OF PUBLIC WORKS. SS L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER. Notice is; hereby given that the Board of Public Works of the City South Bend in the Coun-ty of St. Joseph, State of Indiana, for and in behalf of said City, desires to enter into a contract granting unto the New York Central Railroad Company a franchise for the use of certain streets, alleys and public places in the City of South Bend aforesaid for the _purpose of constructing over and across such streets, alleys and public places railroad tracks for the use and gain of said New York Central Railroad Company. Notice is further hereby given that the said Board of Public Works of said City of South Bend had determined the exact form in which such franchises is to be finally adopted, and the does now hereby fix the 7th. day of Januarys 1925, A. D. at the our of nine (9.00) o'clock A. M. at the office of %he41%144 We in the City Hall,,,,South Bend, Ind. whe� paid Board of Public Works will hear any tax payer or any person, firm or corporation interested in said franchise, and all persons, firms or corporations may appear at said time and protest against any or all of the provisions of said franchise. Notice is further hereby given that said proposed franchise which said Board of Public Works desires to grant unto the said NeT York Central Railroad Company, is in the following words afid .figures, to -wit: - THIS AGREEMENT, made this ? day of 1924, by and between THE NEW YORK CENTRAL RAILROAD COMPANY, hereinafter for convenience termed " The New York Central", and the CITY 07 SOUTH BEND, hereafter for convenience termed " South Band, by and through its Board of Public Works, WITNESSETH: WHEREAS, in pursuance to an Act of the General Assembly of Indiana$ approved March 1,1923, providing for the changing and separation of the grads of streets at the intersection of such streets with Railroads, the Board of.Public Works of South Bend, adopted, on the day of ,1924, a Resolution to cha. and separato. the grade crossings of the Railroad of the NeT York Central and of certain streets intersecting said Railroad in South Bend, said Resolution being termed Modified Resolution No. 4 for Grade Sepwration: and 552 WHEREAS, ifti 'furtherene a ' pursuance said Act of the G r 1 As sembly, the Cetmon Council of South Bend on the day of 919�49 duly approved said resolution; and WFREAS, said Resolution applies only to -the change and separation of the grade crossings of said certain streets and certain streets and oert in now existing tracks of the New York Central; and, WHEREAS, the;developement of the facilities of the New York Central in serving the public of South Bend will require the.'New York Central to constMet- tracks additional to said nvw existing tracks of The New York Central; and it will therefore promote the public convenience and welfare and is desirable and benefieal to South Bend and to the New York Central. &hat the New York Central shall have the right, upon the conditions hereinafter stated, to construct additional tracks; across- and over the streets and alleys in S;auth Bend, and that the crossings of any, such additional tracks across .anti over said intersecting streets referred to in said Resolution of the Board of Public Works shall conform to and be Irovided for coincident with the crossings of said now -existing tracks over said intersect- ing streets as as provided for in said Resolution; and t WHEREAS, the plan of improvement as provided in said Resolution is, as hereby supplementer, mutually satisfactory to the parties hosts; NOW THEREFORE,�it is hereby agreed by and between the parties; ONE. South Bend hereby grants to the New York Central the right to construct from time to time hereafter and to maintain add operate, within the present limits of the right Qf way of the New York Central, across and over the streets w1dih lleys wi thin, Sou_ th Bend which intersects said right of way of the New York Centr;$l such tracks other than and additional to the now existing tracks of the New York Central ( which now existing tracks are shown upon the plat endorsd. by the engineers of the parties hereto and hereto attached) as may be necessary ,. to provided a system of not more than sine main tracks, -or four main tracks and two through thoroughfare or running tracks, upon the main line right of way of the New York Central throughout South Bend, and the right from time to time to re- locate upon said right of way said now existing or additional tracks, said grant being upon the following conditions- (1.) All of said other and additional and relocated tracks which shall hereafter cross anf, of the inter- seeting streets, the grades of which have been changed or separated from the grade of the now existing tracks of the New York Central by said Resolution of.- the Board of Public Works, shall be so -constructed that the street grades and clearances -in said Resolution provided are maintained and preserved and that the bridges supporting any of said other and additional and relocated tracks ever and across any street subways in said Resolution provided shell conform in character and appearance to the bridges to bs cerLstructed for a said now existing tracks of the New York Central. (2) The entire experise of the construction of bridges for such tracks, other -than and additional to said now existing tracks of the New York Central, .over and acrarss any street at which a street subway is in said Resolution provided for , and the entire e2pense of any additional masonry required for said other and additional tracks, shall be assumed by the New York Central. (3) The New York Central shall commence during the year 1925 the work required by law to be done by the New York Central as provided in said Resolution of.the Board of Public Works and shall complete said work.on or before August 1119291, provided that the commencement or completion of said work shall not be interfered with or delayed by litigation, strikes, riots oz-.other causes beyond the control of the New York Central, and provided further ` that, upon application to the Board of public Works, the New York Central may obtain an extension or extensions of saki time of commencement and completion of said work, if the New York Central shall show reasonable cause for such extension or extensions. Tuesday December lath., 1924. continued. It is understood s.nd .agreed thit this grant is matte subject to the faithful performance by The New York Central of all of the obligations herein -- above imposed upon the New York Central , and if the New York Central shall fail or refuse to comply with any of said obligations., as hereinabove provided, this grant shall b 'evoid and all rights of the New York Central undar this grant shall be forfeited. • IN WITNESS WHEREOF, the parties hereto have duly exeou.ted this this agreement this dray of L924. THE NEW YORK CENTRAL RAIL_R.OAD°COMPANY,. BY , Attest: ras ident. Secretary CITY OF SOUTH BENDS by Board of Pudic Works. 0100 0000000000000000000000 - BOARD OF PUBLIC WORKS OF SOUTH BEND, INDIANA. BY Atty. Yeagley filed blue print marked " Plan correctly hows existing tracks of the N. Y. C. R. R. signed by Frederick J. Anderson City Engineer, South Bend and R. 0. Rote Chief Engineer, ' N. Y. C. R. R. Claims as evidenced by vouchers numbered 1377 to 1435 inclusive allowed. Attest:.- C erk of the curd. , resident.