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HomeMy WebLinkAbout05/08/1923 Board of Public Works Minutes169 Board met is regular session at 9:00 A.M. All members present. Communication received from Whitcomb & Keller in, regard to Staples & Ackerman So*or contractors on Seeberger Drive requesting that action be taken to have sower- constructed. Clerk instructed to notary Staples & A kerman to start sewer work, Property owners appeared from George Aveaue and filed petition for pavement. Board recommended that petition be rehprned and more sigpstures be plaeed for pavement on said petitions Property owner re,sidlag at 1331 Otis.Street appeared before the Board. and filed complaint about contractor ea River Park sewer coasract, breaking sidevalk, Bard ordered contractor notified to repair any broken sidewalk. Clerk instructed to send a copy or Order of the Board of March 27th. 1923 relative to gasoline pumps, to the Standard Oil Company. The following plats were approved; by the Board. Map of Subdivision of Lot "A" in John PraEst's Sub. of Lot 13 In Kuastman &.Meyers Addition to the City of South Band, Indiana approved by the City Planning Board under date of May 3rd.,1923 approved by Board of Works this 8th. day of )ky 1923 Know all men by these presents. That we the 4xadersign®d as proprietors have caused the land embraced in the aamexed plat to be surveyed and I& a out into lots m- ambered from No. 1. to No. 24 inclusive-, -to be known as a Subdivision of lot A in John Prase Sub, of Lot 13 in Kuatsmaa-& Meyers Addition to the City of South Bead* Indiana and that he streets and alleys shown on said: plat are hereby dedicated to the use of the public. In testimony whereof we have hereunto set our -band and seal this 7th. day of -May 1923 AUGUST PRAST (LS.) MARY Wo PRAST , L. S. } •CHARLES PRAST IL.S.) CATRRINE PRAST(L.S.) ELLA PRAST (L.S.) BERTHA. PRAST (L.S.) State of Indiana ) County of St. Joseph) SS On the 7th. day of May 1929 before me a Notary Public in and for :qid county and state personally came the above named August Prast and nary W. Prast (husband and wife) Charles Prast'and.Catherine Prast'(busband and wife) Ella Prast and Bertba Prast known to me to be the persons whe executed the above dedication and ackho*l4 acknowledged the same'to be their free act and deed. (:Seal) Verealea C. Sweo3wy Notary Public, St, Joseph My Commission expires July 2001926. County, Indiana. Map of Parker & Ailea's Addition tothe City of South Bend, Ind. approved by the City Planning Commission May 3rd., 1923 was approved by the Board. Know all men by these presents, That we Orie Parker as Propeirter ad Treva Parker his wife and George B. Allen and Mame Allen his wife, have caused the land embraced in the annexed plat to be surveyed, laid out and platted to be known as Parker and Allen's Add. ao the City of South Bead, Ind. The plat contains 37 lots numbered from 1 to 37 inclusive Lot lettered A on this plat is reserved and not dedicated-. The streets and alleys -as shown on the plat are hereby dedicated to, the, use of the public The dimendions of lots and width of streets and alleys are shown in Feet on the plat. In fitness whreef we have hereunto set our hands and seals this day of - 1923. ORIE PARKER GEORGE B. ALLEN (L.S.) MAME ALLEN (L.g } TREVA PARKER State of Indiana Cstxntiq of 8'4. Joseph )SS On this Firsid day of May 1923 before me , a notary Public In and for said County and State, ppersenally.came the above named Orie Parker and Trevor -Aarker, his wife and George Alltik and a Allqk.hft wife, known to me to the the persons who executed the above dad caktoa, and.- aalmew-loft*4 the same to. be their free act and deed. Ye- rye Public My Commission .expires Jan. 14,1924. (SEAL) LULU WAHLEN 170 ti Plat of Marquette Park 3rd. Addition approved by the City Planning Board May 3rd., 1923 approved by the Beard with the following dedicatiet.. { MAIRVETTE PARK 3rd. Addition. The annexed Plat of Marquette Park Ord. Addition to the City of South B6d, St. Joseph. County, Indiana is a plat of to tollowing described property. Beginning at a point on the South line of Hamilton Street, twenty-fiv* (25') nest of the South east of Johnson and Hamilton Shree-te, thence Rest along the south line of Hamilton Street three hundred five and one -half - root (3054)`, thence South two hundred. seventy-nine and tiwonty-six hundreths feet," (279.26') to the North line of Marquette Park First (lst.) Addition, thence east along said North fte of Marquette Park First Addition three hundred: Five aid,. axd one-half feet (30541) to a point twenty-five foot (25' )' west of the East lin Line of Johnson Street, thence North two hundred seventy-nine and twenty-six huAdreths feet (279.26•-) to the place of beginning. Plat contains fourteen (14)''lots numbered from three hundred and forty (340),, to three hundred fifty-three (353) inclusive. The size of the lots and widths of the streets anal alleys are marked on, the plat, in feet and decimals hereof . The streets and alleys are hereby dedicated to the public for use, as public highways. 4 _ RESTRICTIONS Be. it known that no dwelling, shall at aiy time be 'placed ,thereon with, less than four (4) rooms, shingled roofing, drop siding, p:lastered. and painted, or,ofbrick, cement or stone. All buildings shall be placed twenty five feerts (25' ) Tack from the front line of the lot. Be it further known that no building, except4 garage at rear of lot shall be built closer than five feet to a sidet line of the lots. Be it further known that when two or more lots are - used as .onw then only will the side line lot restrictions not apply, MRS. E. T. BARBIER BRNEST L. BARBIER STATE OF INDIANA ) COUNTY OF ST. JOSEPH) SS ' Personally appeared before to.a Notary Public .in and for said County and State Ernest L. Barbier and Mrs. B. T. Barbler and seknowled# the easuction of the foregoing plat. Wintess my hand and Notarial seal this 7th. day Of May 1923. Gee. Sands My Cemnipsion expires April 9#1927. notary Public Plat of Edgepoor Heigts approved by City Planning Commii- sion May 3rd., 1923 was approved.by the Board. PLAT of Monroa-Park approved by City Planning Commission under date of Way 3rd., 1923. approved by the Beard, MONROE PARK The annexed Plat is that of " Monroe Park" Addition to the city of South fiend, Str. Joseph County,- Indiana; and is described as follows,- to-wittoo The east one half (�) of the, southwest quarter (-d) of Section Nine (9) in Township Thirty-seven (37) north of range two (2) east$ containing eighty (80) acres, in St. Joseph County, State of Indiana. The streets and allays are hereby dedieate4 for public use as public h:ghays The lots are numbered from one (1) to 448; each containing not less than 4800 square feet. The first streets in the Plat running north and south, being recommended; by the City Planning Commission a Md jor Street is made 80 ft. wide the remain- ing three north and sou th streets are 60 feel, wide. Forty (40) feet has been dedicated to the south one-half ( ) of Division Street,- likewise 40. feet has been dedicated to the north one hall' (�) of Sample Street. The three intervening east and west streets.00neur and agree in line with the same streets in the nearest and contiguous Plat and are each 60 feet wide. Intersections of alley carry a 5 ft* cut off at each corner and eac each alley is 14 feet wide. Seven (7) feet has been dedicated to meet one-half (} of an alley on . she east and the west sides of the Plat 3rd. day of May IN VITNESS WHEREOF we have hereunto set our hands and seals this_ 1923. e CLEMENT S• SMOGOR CHARLES R. LEWINSKI Owners. State of Indiana - county St. Joseph SS Before ate the undersigned personally appeared Clement S. Smogor and Charles R. Lewinski and acknowledged the execution of the annexed plat of Monroe Park. HARRY S. TAYLOR My Commission exuires March 3,1924. Notary Public (SEAL). Plat of North Shara Terrace -to South Bend, Indi ana approved by the City Planning Commission s submitted to the Board by Chas. Cole Civil.Engineer %nd the same was not approved but referred to the Park Board Commission for their approval. Partial.estimates allewe4 as follows:. Partial estimate No. 3 to George Pontarelli for the Calvert Street Trunk sewer, contract, 79251.24 Partial estimate No. 6 for the River Park Trunk sewer District No. 2 aloowed to George.Pontarell& Contraeter at........$ 910156.68 Partial estimate No. 1 for the Pleasant Street sewer contract allowed George Pontarelli contractor at................$ 640.18 City Civil Engineer filed the following estimated costs and same were approved by the Board. Grade,, curb and walk on Kendall Street . from Calvert St, to. Sherrill Street at ............. $2.500.00 Grade, curb and walk on Vassar Ave. from Brookfield St. to College Street at.....0006.$10055.00 Water bound macadam pavement on Tonti Avenue from Lafayette Street to Iroquois Street at ...... ...$7,280.00 Grade, curb and walk on Vassar Avenue from.College Street to Adams Street at.................$1,272.00 1. Indiana Bell Tel. Company granted permission to place underground work on. Leeper Avenue at intersection of Niles Avenue and other streets. Building Comissioner filed financial statement for the `month of April 1923 which was read and placed .on file., Communication with agreement of Boyar Floral Company attached received from City Attorney , same read and placed on:filea Communication received from D. L. Guifoyle of the -Standard Bill Company of this City acknowledging letter of the2xd, in regard to curt- pumps at southeast corner of Michigan -Str et and South Streets. Satre read - and pla0edlon file. Excavtion bond for the sum of One Thousand (#1 000,00) Dollars signed by Tony F. Swistosy for the United Heating & Plumbing Company as principal and Columbia Casualty Company as sureties was approved by.the Boards P® One ho sand do I r Excavationbbad sf A Wm. . rows andeumbia'Casualty Company as,sureties was approved'by the Board. Petitdan filed for grade, curb and walk on Catalpa Avenue from Calvert Street to Bruce .Street was approved and resolution ,ordered. 4etff-ion for grade, curb and walk on. Bruce Street from Kewble Avenue -to Chapin Street approved and resolution ordered. In regard to Engiaeer's report on petition for the resident freeholders oa Fellows Street from Sample Street is Ewing Avenue in regard to paving the street, this being the date set for IgssitalsmW final action, this matter deferred until Wednesday May 9th.9 1923 at 9:00 A.M. The following warranty Deed submitted by Edwin L. Perkins was approved by the Board. WARRANTY DEED. THIS INDENTURE WITNESSETH, That Edwin L. Perkins and Cora A Perkins, his wife, of St. Joseph County, Stata of Indiana, �- C0NVEY AND WARRANT . To the Municipal City of South Bead, of St. Joseph County in the State of I diana its successors and assigns for the sum of One Dollar ($1.00) aid other valuable consideration, the fallowing Real estate in St. Joseph County, In the State of IndianA, to-wit:- BegiXting at the point of Intersection' of ' the south line of Prairie Avenue in the City of Suth Bend, with the west line of the west, half of the east half of the West half of the Southwest quarter Q0 of Section No. Fourteen (14) Township No. thirty-seven (37) North, Range No. Two (2) East; thence running North-easterly along the Southerly line of Prairie Avenue,.a distance of Thirty -three and eighty one hundreths (33.81) feet; -►hence South one hundred eighteen (118) feet•to the North line of proposed Calvert Street; thence West Thirty (30) feet•to'a•point•due'South of the place of beginning; thence North to the place ef.beginning. Also,'.BeginniAg':tt'tbe point of intersection of the South line of Prairie Avenue in said City with the'East line of the nest half of the East half of the Wedt half'of'tbe'S©xith'west quarter (Q) of said Section No. Fourteen (14); thence running Southwesterly along the south line of P Prairie Avenue thirty-three and four -tenths (33.4) Peet; -thence South Two hundred fifty-five (255)'feet tV the North line of proposed Calvert Street; thence east thirty (30) feet to a point due south of the place of beginning; thence North to the place of beginning. To be used as and for the purpeses'ef `ptibiid'higbways. and covenants for themselves; their heirs and personal representatives that elt they are lawfully a red of the premises have good right-to•convey the same and:gmarantoe the quint possession thereof, that the same are free from all iscutt rasce and that they will warrant and defend'the,title'to the same against all Lawful claims. IN WITNESS THEREOF, the said grantors above roamed have hereuni set their hands and seals this 18th. day of June A. D. 1923._ EDWIN L. PERKINS L. S. CORA A. PERKINS L.S. .STATE OF INDIANA. St. Joseph County, -S..S. Before me, the undersigned; a Notary Public in and for said County came Edwin L. Perkins and Cora A. Perkins his wife,;, and ackaowledg the above deed.. Witmess , my hand and Notarial Saal, this 18th. day of .June x The following contracts and bonds were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. This agreement, made and entered into this 2ad. dal of May 1923 by and between Hoban .& Rosoh of the County of St. Joseph and State. of adia�► (htreia- after referred to as the Contractor-�*..aad,tkw_CIty_of_ south Bead, in the County of. St. Joseph* and Sate of - indiaea , by and through its Bard ofPublic' Works, (h -re naft*r referred to as the " Ci*y" }, under and by virtu*.of an Act_ of the General Assembly of the State of Indiana,. entitled " An Act Concerning Mun cIpal Corporations* " approved.Mareh ; 61,i9O5 * and all 4pondatory and supplemental acts bheroto t Witnessethe that the contractor covon%ats and Agrees to construct 11 concrete psva> gnt on alley Rest of William Street .from Wayne Street to lat. alley north of Wayne Street* under Improvement Resolution No. 1103 ; In the City of South Bend, , Indiana at and for the following prices: 32 lin. feel. of 8 inch conduit pipe per lin ft..006.096U.00 1 now inlet each...... ......... ...................13.00: 1 manhole cover reset ................................. 3.00 160 cu. yds. of grading per cu yd..................o 1650 330 eq • yds. o F concrete pavement per sq . yd........... 2.75 . slid to pertorm all work in the prosecution of said improvement under and according to the term and ditions of Improvement Resolution No. .._1LIQ_........., adopted by the.Board of Public W©rkL Feb. 279,1923- and- the plans, profile and specifica*ions on file in the office of the Department of Public Works, which sit resolution, plans, profile and specifications are made a part hereof as fury and -effectually as if copied and set out herein at full length. I The contractor further expressly covenants and agrees that in the prosecution of -satd work all proper skill and care �: .--iil be exercised'; tr he '1 P oo _S ^ d v ct all excavations and dangerous places, and will use all due and pro er p* . a-t`_ion to or , -my impi-y `o -y person or prc-^nrty; that in the event Q£, any injury or damage resulting from the from a v r^itter.or thingg conneetod therewith or arising therefrom, to -any persc-i or property, he rill pay a-! Hqq _?idate the s�_me at Eris awn expense, and as- sume the liability therefor; ; and in the event of -any cEair•i or claims being made or any action or actions being brought against the city by reason or on account of or growing out of `...:d v, orlc or its construction, the, said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said.city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And 'f within teri days after any such action is begun, the city shall notify, the contractor of the pendency thereof, th<n any judgment rendered against the city shall be conclusive against the .contractor and against the surety on bis construction band, as to thv atnouat, liability and other matters pertaining thereto. aitq. a� Ma Le p el t X (lC C I:CT 'i0`i'�` 't ' t°J Tfi$ iY�a1n sal ! 2 lJ �.a.arflt Si:v i:idi:f. 3U ll '�t� _ , Fly �Z to se.caro, did 2�1�1�t��1�t��� t� ��1� �� Ott' �ro9t ti?£rrQt ld n i s' _ t l �d� 4l{ she F'`•, bf c a l IJ / ."31r '`1 ` t1 , �ittt l y '� ci #t r 1 t ii3 r1k iuw }jri14 fit€Y il d Y f !s � 'E 4�i:}{. '' `JA t 7 n fie Tot; i4�a° v tk QEt s fi fee tx r �r Yu? 4 t1? f v j Ailate�m-z�tasYa�6.iiatife �r�tt.• `€� �'i� mat t• ,+��c� is s° ,_ t f = f fRs i,XrMA,r FR- Jby Ixet ween said rs1-�---.8 4&;a t`h",., AA i}t 0--re,Q£ *ball not c , _ ;+ use a waivOr � t - kk'-aR tM tWi iNt 00 : }wT 0,4lf ft 3'Aeaae said ccn••_rR+ctor or tlua swetits Nl1 ht� WOO �h,411 tip Accrzptance he prinla facie evidence of the, 1),4o0 trill �i tii:� �f ut=l�l�l� zi �1, Pit pit f of ,up ff4 llle t.xEF}}t Rf entitling the contractor to the tutlttaU p01-e thiAi Celt p f11:11 ' jfIF rA l-RRA'.o pay for all labor and materials used ut tutifl,01A fti � lf'6A ih _6 tl Or$ 111 #ht3 perfArniance of this contract, whethu�t• dtitw Ot° jl f0pl d fdt hifiii tit 11�1 =t3 s l cc by Al fly 1 �et�lttraQtor ; and the city may reserve dtit (it ktit dfltj* ftit.e Riga bd i tf esi l aj tf�� 1°A#i;tl �t4 T 1.4 € %aigas, or out of the amotutt due hills or tfttt #:jd#hk; hp6fi fb[� Foote eti -1 {" .t AIIA Bu s g1A3 �"ry to pay all laborer& of ml feriaE th tt int° dltfo,tit{i iWe, &qh 164 I� � Wvi�W �fe4� =txraisIred to be fssed art the pe7i iwavic# o thJI toyff 0 si'fd thg A-4ho; d t �g Ad i�ir! rkt3� 1F aigctr> acting as city treasurer, m*y tefairr �h�t��r �€����_t�d ��i�x� #f(j# rf \ � j e�e�oaeut to peg such debts or witil the, o6n trdcttit vAilMli ref i � 17 e L-o renno art ru-; sh. earth. a.nil umased material in the streets or sided theraot upon the completion of the imnrovem ant or the repairing thereof. The work of thaking such improvement shall be completed according to the terms of this contract on or beforethe----- = _=-------- ......_--..--------------------- ---- ------- dav of ........................... ............. :-............................... .., .49..........I unless the time for the completion of the sar-e shali be ex-+endedrin writ;-• - by the Board of Public Works, And it is agreed that any. such e�xte'n�ion of time, or any alteration of th+s ccrtract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this cry; '_rapt, or sub -let the work or any part thereof to be done hereunder, withort the vwrit� en ;.;or.:; ant of the Board cf P.''?ic Works. It is further agreed and stipule*ed that t'J-_ contractor shall give to residents of said city and cowity preference in the employm-nt of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and perforraied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improver Lc_n_ts. To each of the conditions and stipulations of this contract, including all and singular the provisions and terL-,s of the plans, profile, specifications aid resolution aforesaid, the undcrsigned binds himself or itself, ')nd the ri�pective successor or assigns of such parties. In Testimony Whereof* We, the foregoing named parties* hereunto set our hands this 2nd, day of May 1923. CITY OF SOUTH BEND, INDIANA. HOBAN & ROACH BY L. B. SLAUGHTER BY M. S• HOBAN L P HARDY Contractor. ALBRRT F. HONER Its board of Public WPftS. 174 Sth., 1923, Catinuod, CONSTRUC l0N BOND pm ,.its.; That we -•------$a 3a l �O�a 3 .............�.._...:.....».._ of too Co_ Sty Of------ --StA _ a nk ------ State of ........: rIndiana ............. -� ..._ pal, and ------------------- *r- caS -sure---cemgaL' company ---- _. ......::..............................:.N...... of tile, County of ------: ------------------- ------------------- ---------------and State of,.... .... JJa1 ... YA'k..................:..:>......... as sureties, are held and firmly bound to the City of South Fiend, Imliana, in the suln of -:,.. x _11.ttAl�3'ed ��. �- asd.siaei ......................... ------ ............................ :a�o11 t 597.00 ) for the payihent of which, well and truly to be mad we jointly and severally bind o+.it'sclvi*s, ti:tt h_`.As, executors, adminstrators and assigns, firmly by then,; presents. The condition's,of the obligation are such that if the above named .. .........:.::......::......:.._.....:_:.:._.. ..MM.M 1M..........1�� .. :. ^ - __•_•-_•_.....ew........mnewen..o�a--.c:vvt: 'A1 Y f'6i JJ vial'�§1'i'a�C� made and entered into the----$gd.-- µ - ; ..__� ._ ._....'da > with the. City of South Berc_' indianp and slza'l fulfil` '.lrth * ;E� fig. _ §ltpsttl tl 3§ lli�reiil E8 t mfi4 according to the true intent mea�_.i g th- -,--!of, in 01 rf':= t% 11 ti thl� )hli&?A h t8 h� voi4; '©t et�wise to be and remain in full force and virtu in law. In t' e �v he said l i.y Ai e tald the tulle ftst the completion of said work, such extension shall not in 2"7 Nv` , ro?Aase ibh sureties e1=i tali§ bond: This. ShaU.be a� construction bond, and the sureties CM the shall not be held Te§pen§iM6 €8r {lie maintenance and repair of the improvement after it has been aotopf6d by the §f 6614d gitftj�; but §fi6b. §iis�efie§ shah be held i•espon'si 'fair th 'fait'-{ul coni;il m_e w;th 11�.lier Vbt1diHdii§, §ti;piilation§ and rediiifeii P44 covered by'or set etrt,in -tke cOntri;.ct . . . . , , . .. , . , . `Vr1NrS'S ewt littnds, and st;als this ........... 2. ..........day of.........: N 1923.e.................... 19......... Amereaa a �o ..l...... ....(sAL)ot..?..x�..................... i� �>;AL B 5��ow H.Ccyl%:1Lj .__. - By- M. J. Roach .......................(SEAL) y 14rrbTdizt The above band approved this__.__._..--.$tb;.._._.---.--- ^`.•' O•. May- J923iJ­" .......... ...1i:a--- B a hu�. _ L. P, Bar* F. RoKer Board of Public Norkf. PUBLIC IMPROVEMENT CON2RACT This agroesest, vado and entered into this tad. day of May 1923 by and betvreoz Hoban k Roackof tko County of St. Joseph and State of Indian (hor*lsanor referred to as 1k* " Contractor") , and the City of South Bead, Ih the county of St. Jeseph, and State ofIndiasa, by and through its Board of Public Works _, (hereinafter referred to as the " City"), under and by virtue of as aot4 of the general ass*ssbly of the State of IRdiasa, antitlwd " An Act Concerning Municipal Corporations, " approved March W9059 and all amendatory and supplemental acts therota:- Witnessoth, that tho contractor covenants and agrees forconstruct concrete pavement on alley H, of St. Joseph Street from Wayne Street to tad. alley south of Wayne Street, in the City of South Bend, Indiana &I, and for the following prieest- 151 cu. yds. of grading per cu. yd....... $1.50 417 sq. yds. of concrete pavement per sq. yf, #2.75 ­ 1(i o perform all work in the prosecution of said improvement under and according to. the terms and con- d diti " s of Improvement Resolntion No. —111 Q_ adopted by the Board of Public Works....YAh.....2 1923 and he plans, profile ard..specifications on file TM the office of the Depa-tment of Public Works, wb?ch sayd reso�ition, plans, profile atzii specifications are made a part hereof as fully and effectually as if. copied and - set 6ut herein at full length. _hip contractor further expressly covenants and agrees that in the prosecution of said work all proper skill ai d care i!1 be exercised; that he -v711 proper-7 ,, -: ^ -d Ir all excavations and dangerous places, and use all flue and proper'precaation to prevet t injury to ir_y person or property; that in the event of any'i ijury or damage resulting from the war'- or resulting from any matter or thing -connected therewitfi or arising therefrom, to any person or property, he v-411 pay and liquidate the same at his own expense, and as-' sure .he liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on ^_ount of or growing out of s-d work or'its construction, the said - contractor will at his own expense defend t.te same, and vrill pay any judgment recovered therein, anti will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten day'r,after, any such action is begun,: the city shall notify the contractor of the pendency thereof, th-n any judgment rendered against the city shall be conclusive against the contractor and against the surety Gn his construction bond, as to the amount, liability and other matters pertaining thereto. Tuesday Jky 8th.9 1923-Coxti1'"d .F. t'„1u inn cc.r:.rac:-or .:gees to uia;,itailt &-0 ill urn e�2t 'aloe; :_iat.e *uk li iepai�rs as wa r •e:':>.•.• the period and in the viauner as fixed bar the snr cica -ions, ancf to secure the inaiutenaace a,nct repair thei . to file with *ht Board of Public Worts a ton4 with sufficient Surety thereon and in an amount as fixed by tt <. . specifieaiiotis. And in doing &ucli ,repair ttror'tc the"contractor and the surety on Iiis guarantee bond shall b subject to thesarie liability to the ettyanct any other per for any ixiury.or. damage to any pegs-�r. or pro,> erty tag the same manner and to the same extent as is fixed in the last preceding paragraph covering the Co:.- struction work. And it is further agreed by and between said. part,7�s t1lat the acceptance of the work provided for in t{+f­ contract, or the ,payment. thereof, shall slot co stitvte a waiver on the part.of the city of any of the provis -lolls of this contract, nor shall it te-lease said cc rr-ctor cr the sureties on leis bond for the faithful nerforM. _ ice'thereof ; nor shall -the acceptance be prima facie evidence n of the per€orinace of any provision of th,' 4 contract, except to the extent of entitling the contractor to the contract price therefor. The Contractor agrees to.pay for all labor and materials used or furnished to be used in the malting of such improvement and in the performance of this contract, whether done or.furnished for him, or his agent, ftssignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate. in favor of the Contractow er f:- assigns, or out of the amount due him or Eris assigns upon the completion bf the work, to muci, as sna3 --.cessarj tin amy s4 laborers or srateriat inex far amounts due them it work clone or, staterials trstd, *z,r j4r"ett to be tsed in the terformance of this contract and the doing of said woM and the county treasurer'# acting as city treasurer• "i retain money collb -ted from 'property owners aftessf4lor said im rovetnent to pay such &bts or Mail Cie contractor s:hc*VIs that they bfRve bee, +said or wi.sfie4 ', rc:11K. . t'll r6ba Ash. earth. an&unused waterial in the &tree" or =& OWN* upon the completion of the impro-erric tit or the repaisibg fhareo. The work of making such improvement shaft be coin leted according to the terms of this contract on at beforethe .................----------------------- --------- ------- ------------ --- -day o------------------------------------ ------ -- ----- _ ...-.._._........ -- 19........., unless the time for *he completion of the sag- e shall be extended in w-itrig by the Board of Public Works. And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect tfie duties, obl;gations or liabilities of the contractor or his. sure- ties. It is agreed. that the contractor shall not assign this Ct;r Frart. or sub -let the work or any part thereof to be done hereunder, witho7,t the writ' en cor.s-nt of the Board c.4 P- ?,l c Works. It is further agreed a.,d stipulated`tlh t t";= contractor shallgive to residents of said city aid e6uaty preference in the ernployn -crt of !ill labor uectssary in the nerformance of ehis contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each fail,.tre to observe this stipulation. And upon the performance of all the ternis and conditions of this contract, and things to be done and rrfornied by said contractor the said city agrees to cause the cost of doing such work to b-- assessed, col- ted snd paid to said contractor in the manner fixed by the statute governing the making of such improve- snents. Toeach of the Conditions and stipulations of this contract, incliziiirrg all and singular the provisions antf tervis of the plans, profile, specifications and resolution aforesaid, the un3C�tiSigRCd_binds hirmself Or itself, and the rs�.pective successor or assi; ns of such rart:es. In Testimony whereas We, the foregoing Gamed perties, hereuite set our hands this tad, day of May 19230 HOBAN & ROACH CITY ON SOUTH BEND, IND IAM . M. J. HOBAN BY L B. Co tractors. L. P. HARDY "T ERT F. HONE Its Board of Publio Works. Cf-MSTRUC-i ION 80ND l'•,_ _< � t. Th Ly That we-...._.— _ M o b ................w..........��. of the Co ;try of_.... +---jasa }7b State of-____ IRd IS r......._........�,......, es (. i=- pal, and -------- 1 morl-mz- lir--of- -- Now —s GILk -- .�.......�............ .......� of the County ofState of -xe.B...... a:; sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of.__..SJli J izdi'.dA ----- a_a-��___,...__���_T--.n.I3olln,rs (s 686.00 ), for: the payment of which, well and truly to be made, we jointly and severally bind ourselves, attr ktelC-N executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if thas above named — faith wily comply with the foregoing COMM4*1 Ix Hoban 8 made and entered into the__:_— ��j- day of_-----------_----- .._-..__.., s Y_-._... - with the City of South Ber_d, Indiana and shall fulfill al the conditions an therein eontit tied, according to the true intent and mea�,::.g th:.'of, in all resi,ects, then this !sIMWPafi�onto be void, o€hePi §@ to be and remain in full force and virtu e i 1.^ter- in the eve-: ° the said City shall extend the time f@f the completion of said worm, such extension =_ha'', not in any way release the sureties on this hood, This shall be a construction Lord, and the suret'-'s on the same shall not be held respongi$le-for-tho macintenance and repair of the imp C. � , ` 2;; er it T-as been accepted by the second pay, but such entetieB shall be held responsible for the fait' #al comp?;a,nce Nvith all other. conditions, stipulations and r@quite eats covered by or set out in .the cos;t.r<_ t.. RRNITNESS our hands and seals this............day of.... r.-}i (SEAL): ......_:HOBS &ROACH-- .......... - ..�....»:.:..i����) By+ Frances E. Lambert ....-.--�'�-.d. ;J, :1L). �... .4s At►i,!l�td•a .t..: .....clay a>x s�Sti. SIF ----------------- L P. HARDY er .. Board of Pume W00,�44 Tulodas ] tZ 8th.4 1923.. ti>a[ue8. The foU50M ne rest utloas were approved by the Board*' I, WAIVER. TO THE BOARD OF, PUBLIC WORKS SOUTH BEND, INDIANA. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, did .on the_ 8t1k3 day of +� 1923s 192 , adopt a prelimnary resolution for the sips aetn ez Califer�tis Avoaae frost Clevelaxd 'Ave>kn6 to Diamead Ave. • Under Improvement Resolution. No, in the City of South Bend, Indiana by construction of a sewer, also the ti ,construction of :the necessary manholes and inlets, storm water inlets, conduits and re:ettirg all manholes and inlets �I io"th!e proper grade, all as shown- on the plans and in accordance with the- profiles, detail drawings and specifications on file in the -office of the Depa►tment of Public Works. �i AND WHEREAS, we, the undersigneirare the only persons owing property on the said street to be improved, and that we are alone affected in any-ivay by said proposed improvements. 'chat are the sile o yaers of the sapaiate parcels of land bordering upon said street proposed to be improved. j THEREFORE, in consideration that said Board of Public Works, proceed.to improve said street known .as Coil1fe_=ia Avesue from Clevlaxd Avoids to Diam iLd Avenue as proposed in said resolution, and for the further purpose of saving time and expense, we the undersigned, do hereby waive all objections on and in defense to any defect in said proceedings, and to any violation in procedure for the eon. struction of sewers as fixed by Section 8722 of Burn's Revised Statutes of 1914. We further waive any right to object to the farm of said resolution. We further waive any and all objections to the fact that no advertisemeat for hearing vvas published as required by law, and that no notices were mailed tc the cinners of property and that no her- f `ring was held by said Board. We also consent that said Board shall pioceed to let the contract for doing said work in the following manner: That they shall notify by mail responsible contractors in the City of South Bend, Indiana -_of. said work to be -done under said resolution, and that they shall receive bids froth said contractors for doing of said work and they .shall -let the contract for the d )ing of the said work to t' lowest responsible bidder. And-. we waive any i objection to the action of said Board in letting said contract in a form and manner other than provided by law. And we further consent that-th-e-cost of doing said work shall be assessed against the different parcels of real estate owned by us as provided by Sections 8722, 8724, 8725, 8726, 8727, 8728, and all acts and laws amendatory thereof or supplemental thereto. And we further agree that notice given us by mail shall by sufficient notice of the hearing upon j the assessment made for said improvement. Given under our hands on the day and year first above mentioned. Reay-v Gr:Lab 9 W. Cal fe la 'AvenueAPPROVED fit. Ji Z rta 24�. Qa�l #`e e a Aveatue T gth, l� --�?.1 �rTarers at Bl� g , BOARD 0pXpMaj C WORKS By F -,W-. Keilor BY BLA�i. R �. A _9e3thsr-4242S�liforl& AveaueRnz d" Im -- , Tuesday Mdy 8th., 1923, Continued, LOCAL SEWER IMPROVEMENT RESOLUTION NO. 1181 Resolved by the Beard of Public Works of the City of South Bead County of St. Joseph, State -of Indiana That the construction of a local sewer, intended and adapted only for local use by the property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral draitis by and the same is hereby, ordered in and along California Avenue from Distmead Avenue to Cleveland. Avenue as follows, to -wit: - Beginning at the interseetion of the east line of Diamond Avenue and center line of California Street, thence east along the center line of California Avenue to a point 115 feet west of the west line of CAtvelan+d Avenue with a ten (10) inch vitrified pipe sewer, together with the necessary fnnhOlesr ; storm water inlets, cnduits and house eonnae-tions to - the curb line along .the line of said improvement all as is more particularly shorn and all sea in accordance with the plans, #'profiles., detail drawings and specifications on file in the office of . the Board of Public Works Cr the City of South Bend, Indiana, , dfi& Mtd "WW, With s#t ft9R aVJoUrte"anees shalt .be constructed fa accordance with thie proflie and speaificatlou. "W on W* % 4he ofiioe of the Department of Pitbl% Wurkft of sal$ City- Thet cost of said imfiaoveme'A shalt genet a$sfne! si►d pall by the property holders whose property a{suts thereos, and upon the City of ton Col # + benefited by egid fspprovest8sst, all according to the method and meaner proy3ded for j!} of i1h! et et htssss#iEy the, $Fate of lstiana, eattCed "An Act Concernipg Municipal Corporations," sp Wrob 'V. 1" . Assessments. if ''deferred, are to be paid 'n ten aqual annual 'nstallmeuts. with in- St:ths MA Ot ft WOW per aaaum. A bond or bonds shall be issued to the contractor in payment for Wwk, unless the property owners pa.y said assess-.geuta before said bond or bonds are issued. Under -no aix"We"nees *haft the City of South Bend be or be . eilr responsible for arty sum or sums due from said prop- ettY owner or owners for se'd work, or. for the ,ollection of same, or for the naymeat of an- bond or bond's, "r9faste or eertiteates tsscad to srld contras*or in 13%Y e.nt fC- such worlr except far sueb moneys as shall 114ve been eetualiv received b3: the City f^om rile asses --.cents for such imprn-emeni, _ or inch moneys so- said it8 is by said above entitled Act required to pay. 31: ^roceeding-s had. and work done In the making of said rovament, assessment of Dror®rty, collections of as:-iments and isausnce of bonds therefor, shalt .bvao rsvided ter to sat* above entitled--Aet WA SIGNED ��pp�� APPROVED - bjaU 4 es I lice resolution shall be publiehett �------_....__..d»y`ri!--. � -------- iiii la ,.._.and on a it day otr-__-._-___._ti--- _________- ---- 13'_____-_:._, I- the South Bend Datfy Tribune. This Boe.rd will give a *ear --- ---- � � it itat officd iu the City Hai on thd-------------- - :..dat'p� ot.._ ...�. UWy 1923 Attesti- Veronica C. Sweeney Clerk of the Board. L. B. SLAUGHTER BOARD OF PUBLIC WORKS L. P. HARDY ALBERT F. HONER Clerk instructed.to notify contractors to rile bids Tuesday May i5th', 1923. at 10:00 A.M. The Board reserves the right to reject any and all bids. LOCAL SEWER IMPROVEMENT RESOLUTION N0. 1182, Resolved by_the Board. of Public Works of the City of South Bend, -,County of St. Jeseph, State of Indiana, That the construction of a local sewer* intemded and adapted for local use by the property holders whose property -abuts thereon and net Intended or adapted for .receiving sewerage from collateral drains, ba and the same is hereby ordered in and along Dayton Street from Cattoii'se Street to a point 409 feet east of the center line of Caroline Street as follaws, to -wit: - Beginning at.the inter- section of the center line ®f Dayton Street and Caroline Street; thence east along the center line of Dayton Street to a point 4og feet east of the center line of Caroline Street with a 10 inch vitrified pipe sewer, together with the necessary manholes, storm water inlets, conduits and house conseetions to the curb line along the line of said improvelfinent, all as is more particularly shown and all in accordance with the plans, profiles d6tail drawings and specifications on file in the Office of the Department of Public Works of the City of South bend, Indiana. sat laid !ewer, with All its appurtenances eh%n be conxtraet*4 tie sold@@ft wit$ %@� $F@dl@ abA Wil sow on file is: the office of the Dep : tmE-t of Pr j;ic Wor:;& of eald C-@"t @t Mild, !F*l ` U apportioned against and paid by the property holders whime property AM% thw,%04i aag 016 �a . 1 9 0outh Bend it the City is benefited by said imv-ovement, all Acoordiup t® 4$@ V&eth*H Milk i$i1Rik% is Act of the General Assembly of the State of Indiana, entit ad "Alt A@i (?8lioffAtt jk Ra ls@i$st PjltlPtls lt1�l� approved March 8, 1009. Assessments. if deferred. are to ba psi$ -a tft 4qui. sisfilml -h ail 4 tl#!t!!: pith itl-1 telest at the rase of Biz per cent per annum. A bond or bonds'shall be tltikdd to th@ EoillP itAtIt lb b&ytdMtit tit mob woft, unless the property owners p p said asses : •vents listaFe Said hand at boildd Aft it ildd: tlildlar hb Circumstances shall the City of South Bend be or be aid responsible fat any sum at tlU dill dot♦ ?Ptlih Wd d1Ftl -i arty owner or owners for said work. or for the ^ollection of same, or for this ,i+aym6fit tit wit btlhd of bijbil Borth Bate or eertilleates. Issued to said. contractor in p,47rient for such wotli': @wept for Idtii tlitlileyd hi NhItt bare been actually received by the City from the asses ia,ents for such 4loolWoV@lae1kt, Ot Much flitl tlEllt dillCfty is bg said above entitled Act required to pay. AIi proceedings bad, aad work dom is the fili��mill -haprovement, assessment of provarty, collections of asE=3sments and Issuance of bands therdtEaff bM' old povided for in said above entitled Act_ .kTotfce, of this resolution §11all b Iished on _. the_22f+h-t-..dar ol..............Pt .. s..✓.:�.et..iblllC lid f�� ,.4944.. 'lady' oL-„.......... -. @j. s in the south Bend D&H �rH #.33 dies a hemW an this resotatton at its mice tit the City Hall on y�et. Iks P. A. +�Vjl .siM.�MM. +d.YY s+YoT....w....e++..-�•.:�.....d..�iKY.y ..n.....,_ •_a a.f/M* ".2 178- I.c)23. Continued. $. SLAUGHTER BOARD, OF PUBLIC WORKS. L. P. HARDY Atts$ed: ALBERT F. HONEH Vero1iia& C. Sweeney Clerk of the Board. SIDEWALK �UPROVMMT RESOLUTION NO. 1183. Resolved by the Board of blio Works of the Ci$yof South tad, Sts Joseph CouHtys State *T71Ag That it is deemed necessary is improve Winyon Street from PorteAvemme - a iilaine' Avenue as follows, to- it} Said street shall 'tie r44e* rrom pv*p-ertvy line to property line to the established grade, and vwmftt s devalk amd cement curb shall be c nstructed' on noahh side of said RlsoWs Street, fr" end of present walk east of Portage Avenue to, Blaine Aveau*4 awl ss is more particularly shown and all. s In secordance with the -planes, prof l*8.9 doUll drawings a8d specifications on file in the Off'" �o f . th&.10* rtmeht of_ Public 'Worts of the City of . South_ . 8aad, I�tctiana. - = in accordance wit' the plans, profillesi detail, drawings _ c:Laot�t�x�s on file in the of mice of the DeiDartirent .'cf the toard of %blirks of sa4d. City; aid StzCb improvement is now The cost of WLsaid imp:rover ent, iZycluding the cost of-etre.et and. alley intersections, siaTl be asFPssed anon the real estate abutting' on sa.i.d. • • . • • •-♦ • . 9 • •;• • • • . . . • • . . . . . . ..1 • • . • a • •". • • • • • • • • • • . . . . • • • • • • . • • • • • • • . • • • • • e F�xi+b• � � at: �i eiestreeti.:....................................... all• ' according to`tb.e mefhcO are previ.c�ed for in an Act of the CYPna era:! Asse ably of, the S+ -te o- : -,a ; ^„�•, er._+;.t? ed. ` `An Act Cance. n�_sg Muni.ca flat Corpoxat ons, "' pprc revs ��, 1�05, and in-1=0-rrlance --ith ar:� p-Urals .nt, to the pxovisiorzg of al? �� �r and supplemental acts thereto, patted bT the General .Assembly of thf: :;= e = T-zdiana. Assessihents; if def6rr4&j are to be paid in ten oqual annual instal-.?M^ nts, with interest at the rate of. Six -per cent; per alum. A•bond.or bonds shall be issued to the contractor in payment, of s, ek,,Vork, unlesS'khe property ownerz pay said assessment before said bond. or `pondsare issued. iTA.er no c- pinces shall the iCity of South Bend, bs be fold responsible for -any sum or sums* due from- said-propertyowneror owners ror said work -or l*or IEhe collection of the same, ore for the payment of act bond, bonds, cattif irate' or certi f + cates,. issued to said contractor in pa-. mbnt for, such work, except for such moneys as dhall have bem aC'�tZ:►'� .�� +eived by the City from the assessments for such improvement, as suoe� as said City is by said above entitled Act required td pay. All; pVao a had, at�d work done .in the making, of said improvement,- assessment of pr%%r-t , collection of assessments and i-q,uance of bonds therefor, shall be as prnvlaid for., in said: above entitled Act s.nd thereto. Notice of thin resolq.t on nha�_i. b ; pier. ,rhea on the... 12f • f . �a�/• ���6# ♦ • • . • and on 1�hoi • • • o �/h f . • • • - .� Ci • • w • • • .1 ' � • ♦ • • , �D * ..3�.: in thb South' Bend Daily,. ................ This B^�+.rd vain give a hearing on thin resolution is its 6ff'ice in the City Hall on the..... &Abae e...day of ..,. �,.=Ji�• a�.3►� ....: 19 ... , at 7 :15 �' . lvT. Adopted thi'e..:., lash*.....day of. • ...... May. 192J... L. B. SLAUGHTER . .. . .. :00 OP. OWN 0 11 , O 9 9 b A 9 9 b 1) 10 9 9 4101 x � 110M op FMLM WOM v ALIT P. HONER -•o.e�ua� v G � ,Ob'OgUqi er i a C. Boa Y Tuesday May 8th.# 1923. Continued. Concerning the award of contract for the paving of Fellows Street from S%mple Street to Ewing Avenue, same deferred; until Wednesday May 9th., 1923 at 9:©© A.M. Petition received read and resolution ordered for the peeving � of Fox Street from Miehigan Street to Fel]ows Street Applications were received for appointments as City Cemetery Sexton from Frank F.ash and George Brown Same read and placed. on file, no action taken. Petition filed for sewer on Court along ftshi.ngton School from Sample Street to 602 feel south. Same placed on file and not granted as said Court is a private court. .petition received read and placed on file for pavement on Ohio Street from Carroll Street to High Street._ Attested:- ` Clerk of the Board. President