Loading...
HomeMy WebLinkAbout07/17/1979 Board of Public Works Minutes0) W Q Q REGULAR MEETING JULY 17, 1979 123 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, July 17, 1979 by President Patrick M. McMahon, with Mr. McMahon and Mr. Mullen present and Mr. Brunner absent. Deputy City Attorney Terry A. Crone was also present. MINUTES OF JUNE 28 MEETING APPROVED Mr. McMahon reported that the minutes of the special meeting held on June 28.had been reviewed and he made a motion that the minutes be approved as submitted, Mr. Mullen seconded the motion and it carried. AGENDA ITEMS ADDED Mr. McMahon noted that a Block Party Request, an Application for a Handicapped Parking Permit and a request to advertise for bids for Emulsified Asphalt for the Street Department were received after the posting of the meeting agenda. He made a motion that the items be added at this time. Mr. Mullen seconded the motion and it carried. OPENING OF BIDS - IRELAND ROAD WIDENING PROJECT This was the date set for receiving bids for the Widening of Ireland Road, from mellows to Michigan Street, Project R & S 7903. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following bids were opened and publicly read: Walsh and Kelly, Inc. Bid was signed by Thomas 0. Walsh, South Bend, Indiana non- collusion affidavit was in order and a 5% bid bond was submitted. Bid - $80,137.90. Rieth - Riley Construction Co. Bid was signed by Richard Ruhlman, South Bend, Indiana non- collusion affidavit was in order and a 5% bid bond was submitted. Bid - $69,926.75 Arco Engineering Const. Co. Bid was signed by William Zirkle, non- collusion affidavit was in order and a 5% bid bond was submitted. Bid - $89,987.44 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were referred to the Bureau of Public Construction for review and recommendation. OPENING OF BIDS - PLASTER REPAIRS AT PZORRIS CIVIC AUDITORIUM This was the date set for receiving bids for Plaster Repairs at the Morris Civic Auditorium.. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following bids were opened and publicly read: Gibson -Lewis Company Bid was signed by James Gibson, Mishawaka, Indiana non - collusion affidavit was in order and a 5% bid bond was submitted. Bid - $9,877.00. This was the only bid received. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the bid was referred to the Director of Public Works and the Manager of the Morris Civic Auditorium for review and recommendation. 124 REGULAR MEETING JULY 17, 1979 NO BIDS RECEIVED - SALE OF RESIDUAL PROPERTY RE: MICHIGAN /MAIN CONNECTOR This was the date set for receiving bids for the sale of residual portions of lots acquired for construction of the Michigan /Main Connector. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There were no bids received. OPENING OF BIDS - SALE OF CITY - O[W]NED PROPERTY This was the date set for receiving bids for the sale of city -owned lots at 2005 W. Indiana Avenue and 230 Embell Court. In each case, more than one individual had expressed an interest in purchasing the lots and for that reason the Board advertised for sealed bids for the sale. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The following bids were opened and publicly read: 230 Embell Court - Offering Price $429.00 Berean Seventh Day Adventist Church submitted a letter bid in the amount of $429.00 for the lot. This was the only bid received. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid was accepted and the Board referred the bid to the Legal Department for preparation of a purchase contract. 2005 W. Indiana No bids received. The Board directed that the Clerk contact the individuals who had expressed an interest in purchasing the lot to ask if they would like to submit an offer for the property. VACATION RESOLUTION NO. 3472 RESCINDED - PETITION DENIED Vacation Resolution No. 3472, for the vacation of the east - west alley between LaSalle and Colfax, from Notre Dame Avenue west, was tabled on May 21. At the request of John Peddycord, Attorney for the Dental Arts Building Partnership who petitioned for the vacation, the matter was placed on the agenda today for further consideration. Notification was sent to Donald Hartke and Bernard Bailey, who remonstrated against the vacation at the May 21 meeting, that the matter would be on the agenda. Terry Lehr, Attorney, was present and advised the Board that he was representing John Peddycord in this matter. Mr. Lehr reviewed the status of the petition, noting that a public hearing was held on May 21 with two people remonstrating. A meeting was held with one of the remonstrators in an attempt to reach a settlement of the problem but it was not resolved. Mr. Lehr noted that A. Hartke and Son at 218 N. St. Peter has a business with a small warehouse at the back of the lot on both the north /south and the east /west alleys. Mr. Hartke says that semis who come to unload would not be able to make deliveries through the alley, even with the additional right -of -way to be dedicated to the City by the petitioners for this purpose. Mr. Lehr said it was their position that the north /south alley could be used by the semi - trucks. The other remonstrator, Bernard Bailey of 224 N. St. Peter Street, uses the north half of the alley as an exit and that was his only statement. Mr, Lehr pointed out that the City ordinance which covers vacations of streets or alleys does not give the criteria for a valid remonstrance. The only authority that was found comes from the State Statutes, which envisions going to the Circuit Court for a vacation and it lists three grounds for a remonstrance: 1. When the ground is necessary to the growth of the town or city. 125 REGULAR MEETING JULY 17. 1979 2. If the vacation will leave the real estate of the remonstrators without ingress or egress by means of a public way or street. 3. If the vacation will cut off the public's access to a church, school.or public building or grounds. Mr. McMahon said the Board of Public Works makes a determination on vacation petitions based on what is in the best interests of the City. Mr. Mullen asked Mr. Lehr the purpose of the vacation and Mr. Lehr said the petitioners want to consolidate lots they own and pave them for parking and the alley vacation will provide clear access to all this property. Mr. McMahon asked Donald Hartke if the semis use the east /west alley for deliveries and Mr. Hartke said they do. He said he would have to carry the items delivered some distance to his store if the alley is vacated. He said it is not feasible for the semis to turn off Colfax or LaSalle into the alley. Mr. McMahon said he felt the unloading of the semi - trucks is the major problem. He said he felt if the alley was vacated, the trucks would not unload in the back but would be unloading on St. Peter Street. From a traffic standpoint, the problem would be the danger of semis blocking St. Peter Street to the public. He said he would recommend that the Board deny the vacation but noted there would be no objection to the paving of the alley and making improvements so that it would be contiguous to the properties adjacent to it, so long as access to the alley was not 'denied. Mr. McMahon made a motion to rescind Vacation Resolution No. 3472 and deny the petition, with the understanding that the Board would be agreeable to any proposals to pave and improve the alley, leaving it accessible to the public. Mr. Mullen seconded the.motion and it carried. SALE OF PLAZA PARK APPROVED SUBJECT TO COUNCIL APPROVAL The Board received a report from James A. Seitz, Superintendent of Parks, advising that Van Gates has increased his offer for the sale of Plaza Park to $175,000.00. By unanimous decision, the Board of Park Commissioners is recommending that the Board of Public Works approve the sale of Plaza Park to Mr. Gates for $175,000. Mr. McMahon noted that the sale of the property at less than the appraised value of $245,750 must be approved by the Common Council. He acknowledged receipt of a letter to the Board of Public Works from Van E. Gates increasing his offer for Plaza Park to $175,000. The correspondence from the Park Board and from Mr, Gates was filed. Rick Gilhoff, 1036 W. Jefferson, spoke against the sale, in view of the President's recent energy speech and the role it is anticipated that public transportation will have in resolving the problem. He also noted that green space should be retained opposite Union Station, since train traffic may increase in the coming years. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the sale of Plaza Park to Van E. Gates for $175,000.00, subject to approval by the Common Council and directed that a resolution be prepared for Council action at the next meeting. APPROVAL OF CONTRACTS - FIRST BANK CENTER Contracts for the mass excavation and concrete foundations for the public portion of the First Bank Center were submitted to the Board. The Contracts are in accordance with the bids accepted by the Board on June 28. The Contract with Ritschard Brothers, Inc., is in the amount of $140,000 for Mass Excavation and the Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance were attached. Upon motion made by Mr.McMahon, seconded by Mr. Mullen and carried, the contract was approved and the bonds filed. The contract with Henry- Williams, Inc. for concrete foundations is in the amount of $436,244. The Performance Bond, -Labor and Materials Payment Bond and Certificate of Insurance were attached. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved and the bonds filed, 126 REGULAR MEETING JULY 17, 1979 ADOPTION OF RESOLUTIONS AND EXERCISE OF OPTION RE: CLAY UTILITIES Robert 1"I. Parker, Chief Deputy City Attorney, submitted to the Board resolutions and notice of exercise of option with regard to the lease /purchase of Clay Utilities. At the time the contract was signed for the purchase of Clay Utilities, there was provision made for an interim operating agreement for a period of two years. The contract was signed October 24, 1977. At the end of that two year period, the City has the option to renew it for a like period of one year. A resolution and form of notice have been prepared and must be signed before July 24 indicating the intention of the City to extend the operating agreement for one year. A similar resolution and notice will be submitted to the Board of Waterworks Commissioners and Board of Wastewater Commissioners for approval today. Mr. Parker noted that the City has appealed the Court decision regarding the purchase and is preparing briefs to be filed before July 30. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the following Resolutions were adopted: and the Notice of Intent to Exercise Option was approved: RESOLUTION NO. 16, 1979 WHEREAS, the City of South Bend, as Lessee, and Clay Utilities, Inc. and Clay Development Corp., as Lessor, entered into a lease agreement dated October 24, 1977 for the lease of certain waterworks facilities as described in said lease and located in German and Clay Townships, St. Joseph County, Indiana; and WHEREAS, pursuant to Paragraph 13 of said lease, the City of South Bend exercised its option to take over the interim management, operation and maintenance of such facilities pending the beginning date of said lease as such beginning date is described in paragraph 1 thereof; and WHEREAS, the beginning date of said lease has not occurred as the same is defined in paragraph 1 of said lease and the City has a unilateral option upon 90 days advance notice to continue the interim management, operation and maintenance agreement of said utility for an additional twelve (12) months period or until the beginning date of such lease, whichever first occurs; and WHEREAS, it is in the best interest of the City to continue the interim management, operation.and maintenance of said waterworks facilities pursuant to such interim agreement and a form of notice of exercise of such option is now presented to this Board for its approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend,.Indiana: SECTION 1. The Board now approves the continue for an additional 1-2 months period operation and maintenance of the waterworks Utilities as described in the lease agreeme 1977; and does hereby approve the notice of orders its timely execution and delivery.. Adopted this 17th day of July, 1979. exercise.of option to the interim management, facilities of Clay . at executed October 24, exercise of option and BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Patrick M. McMahon ATTEST: s/ Peter H. Mullen s/ Patricia DeClercq 127 REGULAR MEETING RESOLUTION NO. 17, 1979 JULY 17, 1979 WHEREAS, the City of South Bend, as Lessee, and Clay Utilities, Inc. and Clay Development Corp., as Lessor, entered into a lease, agreement dated October 24, 1977 for the lease of certain sewage disposal facilities as described in said lease and located in German and Clay Townships, St. Joseph County, Indiana; and WHEREAS, pursuant to paragraph 13 of said lease, the City of South Bend exercised its option to take over the interim . management, operation and maintenance of such facilities pending the beginning date of said lease as such beginning date is described in paragraph 1 thereof; and WHEREAS, the beginning date of said lease has not occurred as the same is defined in paragraph 1 of.said lease and the City has a unilateral option upon 90 days advance notice to continue the. interim management, operation and maintenance agreement of said utility for an additional twelve (12) months period or until the beginning date of such lease, whichever first occurs; and WHEREAS, it is in the best interest of the City to continue the interim management, operation and maintenance of said sewage disposal facilities pursuant to such interim agreement and a form of notice of exercise of such option is now presented to this Board for its approval. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: SECTION 1. The Board now approves the exercise of option to continue for an additional 12 months period the interim management, operation and maintenance of the sewage disposal facilities of Clay Utilities as described in the lease agreement executed October 24, 1977 and does hereby approve the notice of exercise of option and orders its timely execution and delivery. Adopted this 17th day of July, 1979. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Patrick M. McMahon s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq RECOMMENDATION TO AWARD BIDS - VEHICLES FOR BUREAU OF HOUSING Michael L. Vance, Chief Deputy Controller, reported to the Board that he had reviewed the bid received for vehicles for the Bureau of Housing with James Harcus, Director and they are recommending acceptance of the low and only bid received from Basney Ford for three 1979 Ford 4- cylinder, 4 door sedans at $3,990 each, for a total of $11,970. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved and the bid awarded. 128 REGULAR MEETING JULY 17, 1979 BID ACCEPTED AND CONTRACT APPROVED - SCARIFICATION AND PAVING John E. Leszczynski, Manager of the Bureau of Public Construction, submitted to the Board a tabulation of bids received for.the Scarification and Paving of Miami Street, Rockne Drive and Ford Street and the Miami Street Curb and Sidewalk Reconstruction and his recommendation that the low bid of Walsh and Kelly, Inc. of $296,852.12 be accepted. Contract documents and the bonds and Certificate of Insurance were also submitted. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid was accepted and the contract approved, with the bonds and Certificate of Insurance filed, APPROVAL OF CONTRACT - PHILLIPA STREET SEWER The Contract with O'Neal Trucking Company for construction of the Phillipa Street Sanitary Sewer was submitted to the Board. The contract is in accordance with the bid accepted by the Board on July 9 and is in the amount of $139,733.00. The Performance Bond and Labor and Materials Payment Bond were attached. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the contract was approved and the bonds filed. FILING OF PETITION TO VACATE ALLEY - BLACKBURN COLLECTION SERVICE Blackburn Collection Service files a petition to vacate the north -south alley running south from Mishawaka Avenue to the first east -west alley adjacent to Lot #1, Baker and McHenry' Addition. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the petition was filed and referred to the Engineering Department, Area Plan Commission and Community Development Department for preliminary review and recommendation. ADOPTION OF RESOLUTION NO. 15 - SALE OF CITY -OWNED PROPERTY Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION NO. 15, 1979 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend, Indiana, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend; and WHEREAS,, the Board of Public Works has reviewed said inventory of real property and it now finds that certain of the parcels of real estate now owned by the City are not necessary to the public use and are not set aside by state or city law for public purposes, pursuant to Chapter 14.5.of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcels of real estate pursuant to Chapter. 14.5 of the Municipal Code of the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: N M Lij Q Q REGULAR MEETING JULY 17, 1979 1. That the parcels of real estate owned by the City contained in the following list are not necessary to the public use and are not set aside by state or city law for public purposes: Street Address 722 E. Broadway NE Corner, Chapin and Western (Residual Portion) NW Corner, Chapin and Western (Residual Portion) 717 N. Eddy 809 S. Kaley 1125 S. Lafayette 1129 S. Lafayette 1214 Whiteman Court 732 W. Wayne Deed Number 838 448, 4450, 454 1179 1036 629 1097 662 712 799 2. That this Resolution shall immediately upon its' adoption be submitted to the Common Council of the City of South Bend, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend. Adopted this 17th day of July, 1979. BOARD OF PUBLIC WORKS s/ Patrick M..McMahon s/. Peter H. Mullen ATTEST: s/ Patricia DeClercq CONTRACT FOR CAR WASHES APPROVED The contract with Comet Car Wash for car washes for city vehicles was submitted to the Board. The contract is in accordance with the bid accepted by the Board for full service car washes. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the contract.was approved. REQUEST FOR OSTEMO PLACE BLOCK PARTY FILED The Board received a request from Neal Cason, 651 Ostemo Place, for the closing of Ostemo Place from Iroquois to the alley next to 601 Ostemo Place on Sunday, August 12 for a Block Party from 11:00 a.m. to 8:00 p.m. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendation. FREMONT STREET BLOCK PARTY APPROVED The Board received a request from Deacon Anthony Williams of the. St. Johns Greater Baptist Missionary Church to close Fremont Street, from Kenwood to Linden, on Saturday, July 21 from 12:00 noon until 10:00 p.m. for a Block Party. The Bureau of Traffic and Lighting and Police Department reviewed the request and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Block Party was approved. 129 130 REGULAR MEETING NAVARRE STREET BLOCK PARTY APPROVED JULY 17. 1979 'Mrs. Wilfred Wenman, 230 E. Navarre, requested that the Board approve the blocking of the 200 block East Navarre Street, on Saturday, July 21, from 4:00 p.m. until midnight for a Block Party. The Bureau of Traffic and Lighting and the Police Department reviewed the request and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the request was approved. ESTHER STREET BLOCK PARTY APPROVED Brant Klemm, 406.E. Oakside Street, requested that the Board approve the closing of Esther Street, from Hildreth Street 150 feet to the first alley, on Saturday, July 21 between 12:00 noon and 12:00 midnight. The Bureau of Traffic and Lighting and the Police Department reviewed the request and recommended approval. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the request was approved. ALLEY CLOSING FOR WILLIAM PENN PICNIC APPROVED The William Penn Association, 1024 West Indiana Avenue, requested that the Board approve the closing of the alleys adjacent to their building on Saturday, July 21, 1979 from noon until midnight for an annual picnic. The Bureau of Traffic and Lighting and the Police Department reviewed the request and recommended approval. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the request was approved, REQUEST TO CLOSE CHAPIN STREET REFERRED Msgr. John Sabor' Our Lady of Hungary Church, submitted a request to block Chapin Street, between Calvert and Bruce, from noon to midnight on August 17 for a parish festival. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to.the Bureau of Traffic and Lighting and the Police Department for review and recommendation. STREET LIGHT RECOMMENDATION APPROVED Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, submitted the following recommendation for street lights: Remove: Michigan /Main Connector 20,000LMV UG CP 12 lights $145.32/mo. Install: Michigan /Main Connector 50,000L HPS UG CD $810.00 /mo. Total Increase $664.68/mo. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. CLOSING OF PORTION OF ASSUMPTION DRIVE APPROVED' The Bureau of Traffic and Lighting reported the request of St. Mary's of the Assumption Church to block a portion of Assumption Drive on Sunday, August 12 from noon until midnight for a church festival had been reviewed with the Police Department. Approval is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. 1 N M W Q Q REGULAR MEETING. WOODSIDE.BLOCK PARTY APPROVED' JULY 17, 1979 The Bureau of Traffic and Lighting reported review of the request of Charles R. May to hold a Block Party in the 200 Block East Woodside on Saturday, July 21 from 5:00 p.m. to midnight The Bureau and the Police Department concur that approval can be given. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Block Party was approved. PARKING FOR POTPOURRI ART FAIR APPROVED The Bureau of Traffic and Lighting reported that the request of the Potpourri, 1244 Lincolnway East, to permit parking on Lincolnway Eas.t, from Miami to Twyckenham, on August 4 and 5 for the 12th Annual Art Fair had been reviewed. The Indiana State Highway Department has approved the parking request and the Bureau of Traffic and Lighting and Police Department concur that approval can be given. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. TRAFFIC CONTROL DEVICE APPROVED The Bureau of Traffic and Lighting submitted a recommendation to the Board for the installation of a One Hour Parking Limit at 2014 S. Michigan Street, from 6:00 a.m. to 6:00 p.m., at the request of the business at that location in order to provide turnover in parking. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. CLOSING OF GRACE STREET APPROVED The Bureau of Traffic and Lighting reported that the request of St. Adalbert's Church to close Grace Street, from Olive to Meade, on August 17 through August 19 for a Church Festival had been reviewed with the Police Department. Approval is recommended with the stipulation that a ten foot fire lane on the south side of Grace Street remain open at all times, with no booths or concession stands in this area, to allow access to any emergency vehicles. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved with the stipulation as noted. APPROVAL OF CLAIMS Michael L. Vance, Chief Deputy Controller, submitted to the Board Claim Docket Numbers 13574 through 13957 and recommended approval. Upon motion made by Mr, McMahon, seconded by Mr, Mullen and carried, the Board approved Claim Docket Numbers 13574 through 13957 and directed that checks for payment be issued. HANDICAPPED PARKING PERMITS APPROVED The Board received a request from Specialize for handicapped parking permits for two vans handicapped individuals. Upon motion made by by Mr. Mullen and carried, the Board approve referred it to the Deputy the Office permit. CERTIFICATES OF INSURANCE FILED Specialized Transportation Systems used to transport Mr. McMahon, seconded d the request and for issuance of the Certificates of Insurance from Ritschard Brothers, Inc. and Henry - Williams, Inc. were submitted to the Board. The Certificates are in the proper limits of liability and the City of South Bend is named an additional insured. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the certificates were filed. 131 132 REGULAR MEETING STREET LIGHT OUTAGE REPORT JULY 17, 1979 The Street Light Outage Report for the period July 2 through July 12 was submitted to the Board. The report indicated forty outages. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. BLOCK PARTY REQUEST FILED - EAST LA SALLE STREET R. H. Metzcus submitted a request to close the 1400 block East LaSalle on Sunday, July 29 for a Block Party. The closing would be from 8:a.m. to 11:00 p.m. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department for review and recommendation. HANDICAPPED PARKING PERMIT APPROVED The Board received a request from Eugene Brzezinski, 1411 West Sample Street, for handicapped parking permits for two vehicles. A doctor's statement was attached to the application. Upon motion made by Mr. McMahon, seconded by Mr, Mullen and carried, the permits were approved and referred to the Deputy City Controller for issuance. BID ADVERTISING APPROVED - EMULSIFIED ASPHALT Patrick McMahon, Director of Public Works, made a verbal request to the Board for permission to advertise for bids for Emulsified Asphalt for the Street Department. He noted that the Board had received notification from the successful bidder for this item that he will not be able to supply the City at the existing price due to inflation. The bid accepted by the City does not have an escalator clause provision and, because of the rise in the cost of petroleum products, he feels he cannot continue to supply the City at the price quoted. Mr, McMahon said the other option would be to take some action with respect to the bond of the supplier and said he did not feel that action would be in the best interests of the City since it would cause some,delay in receiving supplies. The present supplier has agreed to supply the City until new bids are received. Mr. McMahon also noted that both the City of Mishawaka and St. Joseph County have an escalator clause in the bids for this item. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the Board authorized advertising for bids for emulsified asphalt under the current specifications on file. There being no further business to come before the Board, upon by Mr. McMahon, motion made seconded by Mr. Mullen and carried,