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HomeMy WebLinkAbout08/01/1923 Board of Public Works Minutes498 is 1st„ 1 present. Board met in regular session at•7:15 P.M. All members Hearing had on improvement Resolution No. 1P35 for the pavement, on Jackson Street from Division Street to Grand Trunk Railroad Co. in the City of South Bend, Indiana. w Upon said hearing no remonstrators appearect and no written remonstrance was filed. The Board being fully advised in the premises, decides that the benefits to property liable -to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer ,and thereupon takes final aet+ion on said resolution as originally adopted and th the same is hereby in° all' things ratified, confirmed and approved. Resolved further; that notices be published on the 3rdk day *° ,,1st .,'1am_4nd{ on I the lCth. clay of Aujy,1923 in the South Bend News Tim" and Tribune, in said` City:p stating that .th-is Board will received, bids for the the construction of 'laid improvement, up to 10:00 A.M Tuesday August, 21st.,1923 The Board reserves the right to reject any and all bids. Hearing had on Improvement Resolution No. 1234 for this Pavement on Indiana Avenue from Prairie Avenue''Us Olive Street, in the City of South Bend, Indians, , . tpen. said 'hearing no remonstrators appeared and no written remonstrance was filed. Tho Board therefore being fully advised in they premises deeides that the 'benefits to property liabel to be assessed for said improvement are equal to the estimatedteost of the sage, as reported by the City'Civil Engineer, and thereupon takes final a.ction,on said resolution are equal to the estimated cost of the same, as reported by the City Civil Engineer, and there- upon takes final action on said resolution as originally adopted and the same is hereby in dll things ratified, confirmed and approved. Resolved further, that notices be published on the 3rd. day of August 1923 and on the 10th..day of August 1923 in the South Bend Daily Tribune and News Times in said City, stating that this Board will receive bids,for the construction of said improvement up to 10:00 A.M. Tuesday Augusta 21st., 1923..__The.Boar.d_reserves the right to reject any and all bids. Hearing had on improvement Resolution No.1238 for the 1239 pipe sewer on Howard Street from South Bend Avenue to East City Limitsm under Improvement Resolution No, 1238. In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised'in the premises decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost of the sane as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same is hereby in .all things ratified, confirmed and approved. Resolved further, that notices be published on the 3rd. day.of August 1923 and on the loth. day of August 1923 in the South Bend News '_times and Tribune, in said.City, stating that this Board will receive bids gor the construction of of said improvement up to 10:00 A.M. Tuesday August 21st.11923 The Board restive the rightto reject any and all bids. e Hearing had on Improvement Resolution No. 1237 for the pipe sewer on St. vincent Street from Stanfield Street to Lawrence Street, in the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer and thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things, ratified, .confirmed and approved. Resolved further that"notiees be published on the 3rd. dgr day of August 1923 and on the loth. day of August, 1923 in the South Bend Tribune and News Times, stating that this Board will receive bids for the construction � of said improvements up to 10:00 A.M. Tuesday August 21st., 1923. The Board reserves the right to re jeet any and all raids. 49� Hearing had on Ifnprovement Resolution No. 1236 for the pipe sewer on Rogers Street -from ®lave Street to°Johnson -Street, in the City of South Bend, Indiana. ..o.�..... ,Upon saidhearing.no.remonstrators appeared and no wvitten remenp strance was.filed..The Board being dully advised in the premises,.deeides that the benefits tothe property liabel-to be assessed for said improvement are equal to the stimated cost of the same, a s.reported by.the City Civil Engineer, and thereupon takes final action an -s4td.r4sett1trign.as originally adapted and the same is hereby in all things ratified, coAffftedand approved. •,., Resolved further, that notices be published on the 3rd. day of August 1923 and on the loth. day of August 1923 in the South bend Daily Tribunr, and South Bend IT4*s Tires, 'in said City, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. Tuesday August, 21st.,1923. The Board reserves the right -to reject any* nd all bids. Hearing had on assessment roll And final estimate fro the pipe sewer on California Avenue from Diamond Avenue to Cleveland -Avenue,, under Improvement Resolution No. 1181. In the above matter Mr. Snyder owner -of the A. E. Beyrer " Lot No. 137 appeared and objected to assessment on rear of his lot on account of. new Zoning law not allowing him to build on same. The Board after hearing all parties, interested in this assessment roil, modified same as follows:- By decreasing.. assessment on Lot 137 too $35.00 and placing balance of assessment on loss 139 and 284 owned by Whitcomb & Keller and lot 287 Vassar Park owned by Henry A. & Bernies I. Reinhard each $22.15 each , thus increasing assessment from 194.08 to #206.55 on Lot 287 and from $176.23 to $206.54 on lot 139 W. 35 feet. from $182. 85 to $206.54. The Board therefore find that/the property assessed in said roll filed duly 25th.9 1923 is benefitted in the amounts as shown on said modified roll, and the Board further find, that the assessment roll filed July 25th., 1923 and as codified this lst, day of August 1923 and the final estimate allowed July 25th., 1923 should be and the same is hereby in all things ratified, confirMed and approved as modified. Property owners from Elwood Avenue appeared before the Board in regard to leaving maple trees on Elwood Avenue Board advised Gity Engineer to set walk out so as to leave trees in present location. Thes. H. Beantng Pole and Wire Inspector took up the matter of the Posaal Telegraph Cspany placing underground conduit in this City and about said company leaving a duet in said under conduit work for the City's use. Board advised Beaning to hall the City Attorney's attention to'see about one duct for City, also call their attention to a precedent in the past of one duet being left for the City's in Polk Street from Cen&&r Street to City Hall Court. This being the date for the expiration of the ten day notice sent to the Sinclair Refini4g,Co pang in regard to gasoline service on city FroPerty atthe corner of Mishawaka Avenue and Nineteenth Street, Also Keystone Filli#g Station at Michigan Street and Indiana Avenue in regard to airfilling aPParatus. Board Ordered Clerk to have the E%Jice Department investigate and see if these notices have been com,Piied with, if not to have the City Atteney Proceed with each case. Building Commissioner rePorted that Party owning the Blackstone Restaurant on E..Jefferson Blvd, had Place.an areaway in the sidewalk leading into basement of said building. Board instructed Clerk to have.no tiee served on said owner of B&aekstone Restaurant orderodg that said areaway be closed and to vacate sidewalk immediately. ProPerty owners aPPeared from RandolPh Street between Leer Street and 1st, alley west of Marine Street and objected to grade, curb and'wmlk imProvement.on RandolPh Street As July 31st., 1923 was the 2nd. timie for the advertising and receiving of bids and no bids were received, the Board hereby rescinded resolution for said imProvement. NO bids being received July 316t., 1923 on the follw*ing grade, curb and walk imProvements and the readvertising on said wags deferred until Tuesday August Bth., 1923. McCartney Street grade, curb and walk Roberts St. G. C. & W. Dayton Street "" nn "" Dubail Ave. "» Johnson Street n» »» »n Kinyon Street nn n» nn Eldora Ct. High Street »n n» »» Clyde Street n» »n »►► Bowman St. »n »n »n r: Partial estimate allowed H. N. Barnes for PiPe seweon Eckman f Street from Michigan Street to Fellows Street at..,.....9.$3p907.15 Partial estimateallowedH. N. Barnes :for grade, curb and walk on Turne ek Street.from,South Bend Avemue is Corby Street at... '330,168.92 -Partial estims-te fer-Pavement on Ohio Street from Carrell Street to High Street to Reath Riley Construetion'Co. at.... **..... ..$7,149 35 Partial estimate allowed Reath Riley Construction ComPany for Pavement on Pulaski Street from Ford Street tie Division Sirdet at.349989.50 _City,Ej1gineer filed the following estimated costs:- PiPe sewer.on Rogers Street from Olive Street to Johnson Street at.......$7,628.00 P!Pe sewer on Howard Street from South Bend Avenue to the east City limits at....$69874.00 Pavement on Jackson Street from Division Street to Grand Trunk Western Railvfay ,Co. at.....320,635.00 Pavement on, Indiana Avenue from Prairie Avenue to Olive Street ate, .....:363062,00 Pavement on Altgeldt Street from Erskine Blvd. to High Street a t ,4 ....... $9,.705.00 n. PiPe sewer on St. Vincent Street from Stanfield Street to Lawrence Street at...31,300.00 Hearing had on assessment roll and final estimate fbr PiPe sewer ,on Calftemnia Avenue from Lawndale Avenue to Saneome .Avenue under ImProvement Resolution No, 1150. 1& the City of South Bend, Indiana 'In the above matter H. J.' Murray aPP*ared before. the Board and objected to amount of his assesdment no written remonstrance was filed, The Board therefore find that the ProPerty assessed in said roll filed July 25th. 1923 is benefitted in the amounts as shown on said roil and the Board further find, that the assessment ril filed July 25th., 1923 and the final estimate allowed July 25th.,.--1923 should be and the same are hereby in all things ratified, confirmed and aPProved. Contracts on -bids received July 31st. 1923 allowed as follows: Grade„ curb and walk on South side of Corby Street, from Walsh Street to E. line of Park Place to Joe biller at ...... $427.40 Grade, curb and walk on Chalfant Street from Eddy Street to E. end of Coquillard Park allowed to H: L. Davis & Sons at..,00$6,332.00 The following resolutions were adaPted by the Board, LOCAL SEWER IMPROVEIMT RESOLUTION NO. 1246. . Resolved by the Board of Public Works of the City.of South Be# Band, County of St. JesePh, State' of Indiana, That the construction of a local sewer, intended and adaPted only for local yse by the ProPerty holders whose ProPerty abuts thereon, And not intended or adaPted for reeving sewerage from collateral drains be and the same is hereby ordered in aAd along Sorin Street from Walsh Street tothe east line of Park Place S&eond Plat as follows, to -wit: Beginning at the intersection of the center line of Walsh St. and Sorin Street; thence east and easterly along the center line of Sorin St, tothe east line of Park Place Secad Plat with a 12 inch vitrified PiPe seweri together with the necessary manholes, storm water inlets, conduits and house connections to the curb line along the line of said imProvement, al.l as is me more Particularly shown and all in accordance with the Plans, Pkrofiles, detail drewirigs and sPecifications on file in the office of the DePartment of Public Wskks of the City of South Bend, Indiana. 5 0' At NAM tlAwaro mitt all its apparfenancelj shall lie eon�tructed in accordance with the profile and epeeifi®eti0 to Ow ond1@ in th@ Od1d@ Of the Pepaitmcat of Public Wor;:s of said City. The cost Of Bald thiPIMMebt 1hall a A DdMMd agaiirat.afrd-p$ld �by the property holders whose property abuts thereon, and hpop the City of @hi= ftnd if the OUT is benefited by said imv -ovement, all according to the method and manner prdvidoad for A@t Of th@ O@il@rat Assembly of the State of Indiana, entitoA led "An Act Coneernirg 1Vlunidipa,l Corporetl%,s ar@b ©, - 1006, - Assessments. If deferred, are to be paid n ten equal 32raltal 'natttiltlletltp• with ill.id i:@ AM at th(€ rah® of Six per cent per annu-n. A bond or bonds shall be Issued to the contra®tar ,1p payh}yRf $Ai' MIA W@yk, 11111@99 the g;operty ovr,ert p: y said ass fi rents befi:F said bond ar bondt are ie9tr@d. Udder no eirenfutail@@e.e1iall the 01ty of South Bend he or be eid responsible for any sum or gums due, ftdtu laid prey= Wy owil@r or ®atli@r@ for 10d work, OY fo• the collection of same. or for the payment of an• boilei or bttldn. Mrtlfint@ or n@rtliiegteR i@st.!1d to gmid vortractor in n LIT"k—It fe- such work except for sual, muftoys act afrall bgf@ b@@li a@tllally P@q@;v@ h ° the City nm t',e asG� 31 is •for such improtle"ent, Or swr h tuandyS IS id Pits' ie by Paid ''`9v@ @lititled Act re,luirery to pay. Al' :oeeedings had. and work done In the Makin `of Bald 1"llprovoi r-tt age umolot of prnt Arty. coL'pctions of as. ,.eats and` iss»?nae of bonds therefor, shall be' as 8>;a�rdc�il f(Jr it lgid ebove - M00 Aet. Qti9� of this reso�gtion ah 11 y lish d on the 3rd..--__ day of AUgust,- 1 2.�! xtH On !-act aL.,.- lilagU3 -- l ._.-19 t she S if,;r ;nd-t�as11 . .. .,l s .., ll give a a@arNo OR tole +esolUtioA at its ounce in the City )Rail oa `?i3 -_ --- -- pd Ife y Of..............�, Adopted this ................1 t., _.airy A� . Aug. 1923. L.- B. SLAUGHTER - $®�FA AMPii8Li8 M®UI� B L. P. HARDY ALBERT F. HONER Attest: - ,,.Veronica C. Sweeney Clerk of the Board. STREET OR ALLEY IMPROVEMEIJT RESOLUTION NO. 1245. Be it Resolved by the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana that is id desired and deemed necessary to imProve Riley Place from St. JoseP4 Street tothe first alley west of Riverside Drive as follows, to wit: - Said Riley Place shall be graded and the roadway thereof shall be Paved; also the roadway of certain Portions of the streets and alleys which nter or intersect said Riley Place shall be graded and Paved. The materials to be used in making, said imProvements shall be sheet asPhalt, bitulithic, asphaltic con- crete, brick or Portland cement concrete: seven (7) inches tlikk, and the foundation shall be Portland cement concrete six (6) inches thick for the sheet asPhalt, bituli.thii asPhaltie concrete or brick or rolled gravel six (6) inches thick for the brick, storm water inlets and conduits shall be constructed whrre necessary, all storm water inlets and manhole toes sh%11 be set tothe ProPer grade; cement marginal curb shall be constructed at all street and alley intersections where necessary, all as is more Particularly shown and all in �eeordanee with the•Planst Profiles, detail drawings and sPecifications on file in the office of the DePartment of Public Works of the City of Sauth Bend, Indiana. `kfto eerst of the imp)•ovcvacynt h .s :_faf, �--_awg and AlteI ffitarseou"% "an t% I be 4p cal assessment to be Ievied upon the ea ty sY calif teneflttad, to the amorlat that th4 m ao * je .ally 'assessed therefor,. in aecordauce with an Act oQ i 3 General �.<;e-Zbly of the $trot* at ftd1 @ht1#tt� "Aayu�.Act Concarxingp Municipal Corporatwns," ap,aravc^:3; E�?�.nrih N 19054 md I&A amrdwi% with lid Stir h 'The cost of all street slid alley-Interseettons, lncTudiag one-half of the width M IftProvemeat 6"0- ,=s to -street and alleys Ivhich run into, but do not cross said roadway hweta propond• 10 b• tuiprD" 6" hu portion of .such street or alley abutting upon property belonging to said City, or npoa property iiot Rabjegt to ,.such assessment, shall be paid by the City in cash out of its general tend, if able to do. *% at tram a lured arm a tted by a special assessment to be levied under the provii6ous of Section 109 of the above antltlod. A& Amessments of ten dollars and more Qagafast each lot, if deferred, are to be paid in ten e4val antild bi Stt+llments, with interest at the rate of Six per cent per amunn. A bond or bonds mill be wed to the t on- tre.ctor to .the amount of 'inch deferred assessments is pro raft ygynkma for melt improvement. Undor no dreumstanem shall the city of South Bend be, or be held responsible for say 8tto1 or Suaus due b'on said property owner or owners for said work, or for the collection, of the same; or for the payment of any bond, bonds, certificate or ,certzdcates, issued to said contractor in payment for such work, except for. such moneys as shall have actu'dl1y been received by the City from the assessments for such improvement, or such moneys as said City is by •said entitled Act and ante-idment and supplements thereto required to pay. All prroosedings had, and work done in the making of said ialnrovement, assersraent of properly, collection of ass Oftsments and issuance of 'bonds therefor, shall be as pfa-ridcd for in -_Aid r' ove, entitled Act, anal Act$ amend ry thereof and supplement -at tt ofcto. g� SOLVED; TaL-the Board of 1'c," as V,(ui �3 LO f1X t'..... Tj•.. l_ _A. 11 ra....... e+ + e tour of 7:; 5 P.M., at the oi3ce.OL the Board 0L 1'allYliD Works, of this City, as the t"m and r1see for *act Kfion of snid proposed improvement, at which said Board of Public Works will all pe o_s i^t acl 01 property Is liable to be asscased for said improvement, and will decide whe-_!ier the =InStQ to t -_3 I,., ,ity to be z-_L�ssed for said improvement will equal the estimated cost 'hereof. ' BE IT FURTHER R-PS-O .,SJ ED, T'Lnt rct:ca of 45- t7,vte _:> d ce of : sch-P-ablic co..isidUation yub- lfshed an mailed >`=-mar provided by law. T•_"^3 Of i � ' a mil be p-tiblialled on the... t�,,4 day o€.. aug.• . i�� nd oa the. J,(,� „day oY.A gug� ... .,yin the suuth Do] v�fir une &News Tinges Adopted thin._....lst V ....._......d�y off.: , A�zg�zst ,}9�3" 4....., ie..�.:..�. BOARD OF PUBLIC WORKS. Attest: - Veronica. C. Sweeney ° Clerk of Board. L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER LOCAL SEWER IMPROVEMENT RESOLUTION NO. 1247. Resolved by the Board of Public Works of the City of South Bend, County of St. JosePh, State of Indiana, That the construction of a local sewer intended and adaPted only for local use by the. ProPerty,holder.s whose Pr®Perty abuts thereon,:and net intended or adaPted for receiving sewerage from eollat- feral drains, be and the same is hereby odered in and along Garst Street from Prairie Avenue to a Point 220 feet west of the center line of CatalPa Avenue Also Ca,talPa'AveAue from Garst Street, to SamPle Street. Also Kerr.Street from CatalPa Avenue to a Paint 220 feet west Of the center line of tatalPa Avenue as follo-Ts, town,: - Beginning at the intersection of the center line of Prairie -Avenue and Garst Street; thenco west along the center line of Garst Street to the center line of CatalPs Avenue with a 15 inch vitrified PiPe sewer; thence still west along the center line of Garst Street to a Point 220 feet west of th thecenter line o,f CatalPa Avenue with a 10 inch vitrified PiPe sewer. Also, Beginning at the intersection of the center line of Garst Street and VatalPs Avenue to a Pfint 70 feet south of the south line,of SamPie Street with a 12 inch vitrified PiPe sewer, Also: Beginning at, the intersection of the cent& line of Kerr Street and CatalPa Avenue; thence west along; the center line of Kerr Street to a Point 220 feet west of the center line of CatalPa Avenue with a 10 inch.vitrified PiPe sewer, together with the necessary manholes, storm water inlets, conduits and.house connectins to the eurb line along the line of said imProvement all as is mo.re.Particularly shown and all in accordance with the Plans, Profiles, detail drawings and s.Peeifications on file in the office of the dePartment of Public Works of the City d' South Bend, Indiana; 6riQ f1Ai+t1 sewer, with all its appurtenances shall be constructed fY acco:dance with the profile and specifications now on file in the orrice of the DepaAment of. Pcb:lc,Wur s of -aid City. The cost of said improvement shall be 'apportioned against and paid by the propert5-'holders w`ose property abuts thereon, and upon the C+lty of South Bend :if the City is benefited by said improvement.. al: according to 'toe method and manner -provjded for In Act of the General Assembly of the State of Indiana, entr'ed "An Act. ^oncerni g Mu -cipal Corporations," approved March 6, 1905. Assessments. if deferred. are t ae raid n ter squat annual ustallments. with in- terest at the rate of Sig per cent per. annum A bond or oonds shall be issued to the contractor in payment for such work, unless the property owr;ers r-•.v said asses- :rents b,?f.j,t ;aid borid �r bonds are issued. Under no circumstances shall the City of South Bend be or be :eid responsib:e for any sum or sums due from said prop - Arty owner or onvners for said :work. or for the :ollection of sameor for the nayment of anv bond or bonds, aerti'cate or'certifieates issued to -a id contractor in wtp ent fc- such workexcept for sueb moneys as shall have been actually revagved by the City F-om the asses n,ants for such improvement, or such moneys as said City is by said -bove erititied Act reouired to pay. Al' ^roceeding-s had. -and-work done in the making of said Improvement. assessment of nrornriy, collections of a& -;sments and issuanoe' of bonds therefor, shall be as Drovided for, in said above 'A,:titled Act. Notice of this resolution .shall be published on the.__3rj.-------- _day of_-____-Re Us.t__j_923.._and on the say of - . t~ 9-3i %ie s give 3! }{�--th.3 --_-- - yt Ups- _ _�;_ 7__ 9 _-___--_, in he South Bend Dailyn 11 hearing on this resolution at ii� oca in the City Hall on the —----------- r�,,,- Adopted .this . s t .dlaY ai ............... AUist .192?:.._.._.. 19..... s .. L. B. SLAUGHTER BOARD OF PUBLIC WORKS. L. P. HARDY ALBERT F. HONER Attest,:- Veronica C. Sweeney Clerk of -the Board. COPY OF CONDEMNATION RESOLUTION NO 78, 1923. Resolved by the Board of Public Works of the City of -South Bend Indiana: That it is desired and deemed necessary to acquire for the use of th the said City,for its street dePartment, the following described real estate, in St. JesePh County, State of Indiana, toPwit:- _ All of lot 26,27,28 and 29, in Miller& Green's Second Addition to the Town of Lowell now a Part of -the City of South Ben, Indiana. The PurPose of suhh aPPrePriation is to acquire land for the use of the said City for its Street dePartment. Notice of this resolution shall be Published on the 3rd. day of August 1923 and on the loth. day of August 1923 in the South Bend Daily Tribune and News Times. This Bard, at its office in the City Hall on the 29th, day of August 1923 at 7:15 P.IM„ will hear and•reeeive remonstrances from all Persons interested in or affeeted bythese Proceedings. Adited.this ist. day of August 1923. _'L. B. SLAUGHTER BOARD OF PUBLIC WORKS. L. P. HARDY Attest: ALBERT F. HONER Veronica C. Sweeney Clerk of the Board. Clerk instructed to have ordinance drawn to be Presented to 5 0; Wednesday August 1st., 1923. Conti_ hued. The fallowing bonds and,contrgets were approved by the Board. P Putolk Improvemmt Contriwt 80,60rod inton0fle _�W&. 1W Rod bo two on _!_1L__ H. N. Barnes St. Joseph Indiana . ® l�llili►tttitapit►•il��ttLtA®lrrrrr�r�r��.I�r�•ttrre-rra+�,rrr�!�-�t�q VOOFF64 to as the 'Contractor! ! , and the Mr, of South Bond, in € 0 fit, JaNsph, Od hate of Indianat by and through its Board of Public ® 6i - of ra ee-rod to as the City I I) , under and by virtue of an Act of �f Abblibbbly off` the Sto.to of Indians.. entitled I I Pm Act ConcerningMunicing approved March S, 10051, and all amendatory and sugylementea Witnesseht, that the contractor covenants and agrees to enstruct grade, curb and "'walk on Colfax Avenue from Ei line of Sunnyside Avenue to west line of Sunnyside Manor in the City of South Bend, Indiana at and for the fellwing Prices:-- 254 lin. ft. of curbing Per lin ft 5 X 7 X 16.......9Se40 1180 sq. ft. of cement walk Per sq4 ft. .165 1070 Cu. yds. of grading Per eu. yd. .48 and to perform.ali work in the prosecution of said improvement under and according to the terms and con, ditions of Improvement Resolution No.adopted by the Board of Public Works.. Agri 1 ?. ,1923 • and,the plans, profile and specifications on file in the office of the Department of Public Works. which said resolution, plans; rofile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work till proper skill and care trill be exercised: that he W-411 proper'^ _ �-` ?! 'd p- o`�ct all excavations and dangerous places, and .ni?l use al! due and proper pracadtion to nrev ^t injv.--v to any person or pro.^erty; that in the, event 91 oily injury or damage resulting from the wart- or res='lti front a.".v matter or thing connected therewith or arising therefrom, to any person_or property, he N- 11 ay ar^. Jicuidate the same at his own expense, and as. sume the liability therefor; and in the event of -anv claim or claims being made or any action or actions being 'brought against the city. by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and vnll .pay any judgment recovered theiein, 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 if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his copstruction bond, as to th- amount, liability and other matters pertaining thereto. P nd the con Tractor agrees :c was 3 ain said improvement and wake ouch repairs as may to xtecessaty the period and in the manger as fixed by the specifications, and to secure the maintenance and repair therc6" to file with the Board of Public Works a bond with sufficient surety thereon and in an &rdount at 'fixed by the. specifications. And in doing,such repair work the contractor and the surety on his guarantee bond shtill he subject to the same liability to the city and any other person for any injury or damage to any penoft or prop erty th the same mariner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. And it is further agreed by and between said dirt*_s that the acceptance of the worst provld@d for its this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- lons of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance thereof ; nor shall the acceptance be prima facie evidence of the performance of any provision of this 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 making of such improvement and•in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estifnate in favor of the contractor or 1: assigns, or out of the amount due him or his assigns upon the coistPletion of the work, so mucl: as nia-N cessary to pay all laborers or material men for amounts dice their for work dmt or materials used or furnished to be used in the performance of this contract and the ng of said worst, and the county treasurer, acting as city treasurer, maj, retain money g6llelted from propartir owners assessed for said improvement to pay such debts or until the contractor allows that they have beef' paid ar satisfied 'i lie coov-a *or agrees to.remo all rubbish. earth. and unused Mst@iiAl in tilt Awma of slidel ftfed N11z7n the completion .of the improvement or the repairing thereof. The work of making such improvement shall be completed aecordillo t@ th@ t@FM4 Of fhjll fofltrt so t beforethe ........... --.......... _-......---------..---------------- ----------- ------ dav of..�,,._______�, :,:.:��:.�::::—::.::.— _, � :z: - � - :4 unless the time for the completion of the sar,,e shall be extended n w. tin g by f4 �i6A of �fiiij+� t� lie And, it is agreed that any�such extension of time, or any alterA.0on of this C�rfiact of; of th@ ifilihhsf Of lfil by od of doing such work shall in no way affect the duties, obltga€togs or llahiiltles of th@ wi€rash®€ of his si to ties. It is agreed that the contractor shall not assign this t--,j tract, or sublet the work @f any Daft thsf@df to be done hereunder, without the w riv_en cons mt of the Board of VOille Wofk& It is further agreed and stipula*ed th?t r.6A contractor aha,ll give to €esldeiifs of said My mid a hty .preference in the employment of all labor necessary in the performance of this ebfitiact, and 'oiling to de lie, Shall forfeit to the city the sum of ten dollars for each failure to observe this stipulatioft: And upon the'performance- of all the terms and conditions of this cdnttaet. And thingo to be data a pperformed by said contractor the said city agrees to cause the Cost of doing stick irefh to he stsscsse , cif' ieeted"paid to said contractor in the manner fixed by tits statute governing t M ttg Of 6itth IMPOV i; meats. To each of the conditions and stipulations of this contract, including all and, fiftigttlat the J'&TV>f 'ah terrors of the plans, profile, specifications and resolution aforesaid, thu ttrtdessisard bind i fll4ttseltf Of It j And the respective successor or assigns of such rant=es. In Testimony Whereof, We. the foregoing named PArtiest hereunto set Our hands this 1st. day of Aifgftst 1923. CITY OF SOUTH BEND, INDIA14A. HARRY N. BARNES L. B. SLAUGHTER Contractor. L. P. HARDY ALBERT F. HONER Its Board of Public Works. - CONSTRUCTION BOND 9--ow rdl M'ZM by- tLcza Vrc=nts. That of the County State of-- as princi- pal, and United States Fidelity & Guarantee CoplP of the County otii�_ Rgkili"I!kr§L - ------------------- —_-----and State of--------- .. ......... as suTeiie%'are held and firmly bound to the City of South Bend, Indiana, in the sum of......._Eai3r. bundred ........ . .... . .. -------------------- ----- - - --------- - -- . .......................................... Dollars ($ 404.00 for the payment of which., well and truly to be made, we jointly -and severally bind ourselves, our heln, ,xecutors, ai-drftins trators :and assigns, 'firmly by these presknts. The coHlficdis of the obligation- are such that,,. if the 'above nanted .... . . . . . . ---- -------- .... shall 1 faithfuliy comply with the foregoing contrae, . made and entered into ------- --------- I day oL.. with the City of South Berd, Indiana and shall fulfill ale the _;nTS_etpU_i_a_ti;ns therein contained, according to the true intent ar-,(! triea,. r - th��--of, in all rest_ts. then th?s obligiltion to be void, otherwise to be:a!ndrerAain* ir; tall force and virtue; -, in the eve..- the said City- shall extend the time for the completion of said work, such..extensidil Shall not in anv way release the sureties on this bond. This shall be a.:construction bond, and the turetfe's on the same shall not be held responsible for the ma ' interiance and nd repair of the improvemert after it has been accepted by the second party, but such sureties shallbe: held responsible for the fait'-ful compliance with all other conditions, stipulations and requirements covered. by or set out -in the -contract. WITNESS our hands and seals this.,... ...lst . ........... _UAL'IM.STATES FIDELITY .--_(SnAL) EAR-14 ARNES AND - 57U�TAOT_f COMPAINY --------- ....................... ---------------------- OF JIF r ego pt;� -------- ----------- ---------------- ........ ----------- ir ey n a- c' Tfie. above, bond approved y ER Le P�. HARDY AJ-j0tWf 04 rovement Couftad by between . .arn" St. JosePh I$$$ a SISSISS60sasasand State 18WIFF614 *66 Rik +A* contractor and ths m7 of safta jegh3 @and Stato of Indiana, by and n Ad1#6Asaved odf.. §F r%qTP0 to an the City") wl"r=oVI tate of Indiana, entitled*"At W a,KA6 f _Q& "no %Wovod ifsrobL 6,, 1905, and all 0.11.0 Witnesseth, that the contractor covenants and agrees to construct concrate Pavement on alley 3m east of St. josePh Street from Monroe Street to Bronson street, in the City of South Bend, Indiana at and for the follow ing Prices:- ,518 eu. yds. Of grading Per cu. yd.............41,40 12576 sq. yds. of­conerete Pavement Per sq. yd.... 2.49 and to perform all work in the prosecution of said improvement under and according tie the terns and caai,. dit3ons of Improvement Resolution N(5..._12Q4_____ _____, adopted by the Board of Public VE/erks..May l5th. ,1923. and the plans, profile and specifications on file i i tl,e-office of Eke Depariment•of Public Works. wbith WiP resolution, plans, full and specifications are made a part hereof as fully and effectually a8 %f cool.®d and set out herein at "£ull length The contractor further expressly covenants a^d agrzPs that in the rosecution of said work alit proper skill at d care . ;,1 be exercised: th••t he �� r ' all excavations and dangerous places, and ,r,111 use all due and p- 7Pr'pr22-Titio i t, )rl— erSo'-i or !tt .. aj� injury or damn-,�+-•<-a *- ,4,,, - - p l� „ -y , that in the event rf„f Y j y ,e resi..i .b from t a yr r , - fr-)n a•-V •mitt d therewit1 or arising therefrom, to any pers^-i or property, k _ t er or thing ona.,rew p. p._ � -^ 1 -1V a, �;� +C�`�te t1.'?e Sr^.+T2$ a* b?S Otyn expett3e, and a5^ sume the liability therefor; and in the event of -triv a:rl or cla..iris being made or any action or actionsbeinbrought against the city by reason or on 2.ccouat of or growing out of id work. or' ts construction, the sail 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 ten days after any such action is begun, the city shall notify the contractor of the penciencv thereof, then any judgment rendered against the city shall be conclusive against the contractor and against,the surety on his construction bond, as to th� amount, liability and other matters pertaining thereto. nY# the Cop Cr C;UY F; rEP.3 -,f Yiial ain Sa1ii iirl rovlkrl eut a=., i.ia� e SU I7 repairs as may ie TlbfESh�i e.rigd find in ties inanner as fixed by, the sneeificatiens, and to $cc a the niainte:tattc@ St:d r si Cher tt With tft@ Board of Public Works a bond with sufficient suret thereon attei in aft a►m�unt'as fixe the, � PMfications, ,end in doing such repair work the contractor and the surety on his guarantee bond shnifbe S M09t to the some liability to the city and any other person for any Injury or damage to any person or prop- Rtl in the sane Inaiiaer and to the same extent as is fixed in the last recediza atrl�eflon work. A g �sa►ra raph coveringthe-.Con. And It Is further agreed by and between said nartacs:that the acceptanee.caf the wnrk provided for In tltfs eotltra.ct, or the -payment thereof, shall not constitute a waiver on tiae part of the city of any of the povil- Ions of this contract, nor shall it release said contractor or the sureties on his 'bond for the f llfhNl perform. RUCO thereof; not shall the acceptance b-e prima facie evidence of the performance of any provlglen of tilis eontracr' exeegt to the extent of entitling the contractor to the contract price. therefor, The Contractor agrees to pay for all labor and materials. used or furnished to be used In tlli' making of Such impreventent and in the performance of this contract, whether done or furnished for hi , or his.agp t, asaigitee, successor or subcontractor, and the city may reserve out of any allowance made on any astithata in favor of ,the contractor or 14* assigns, or out of the amount due' him or his assigns upon the ectuplation Of the work, so xnucp as ma,, cessary to pay all laborers or material men for anec�urits due thal� fot± work done or materials used �r urnished to be used in the performance Of this atrttttact and the doing e$ aald wort., and the county trcasurer, acting as city .Treasurer m � retaiii Owner% assessed for said improvement to pay such debts or "til tfie cont actrtt' � a t�� they ��40JIf--ted from phe paid sir satisfied . I .e co.;L a agrees to remo� z� all rub')isn. earth. and unused material in the street&,br sides th#?*A. upon the completion -of the improvement or the relsairing thereof. The work of making such• improvement shall be completed according to the t;m. s of this contract oft er befere the .... Y--•---- ------ ----------- dav of ------------------•-- 19 unless the time for the completion of the sane shall be ex*endecl in writing by the Board of Public Works, And it is agreed that any such extension of time, or any alteration of this contract or of themanner or rneth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure - It It is agreed t4at the contractor shall not assign this c R tract: or sub -let the work. or any part thereof to be done hereunder, withot,t the writ`en co:,s , t of the Board of P�I:hlic Works. It is further Agreed and stiptila-ed th�tt -Iwo contractorshall give to residents of said city and county preference in the _aemploymr:nt of all- labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the stun of ten dollars for each failure: to observe this stipulation. And upon the performance of ail the terms and conditions of this contract. and things to be done and erfornied by said contractor the said city ;spits, agrees to cause the cost of doiri'g such work to be assessed, -col-• ected and paid to Said contractor in the manner fixed by m, the statute goyerning the making of such improve, To each of tht conditions and stipulations of this contract, including all and singular the provisions and terzys of the glans, profile, specifiGa.tions and resolution aforesaid, 'the undi�fsigned binds himself or itself, and the VW-pective, successor or assiz s of such rart-.Pc: In Testimony Whereof, We, the foregoing named Parties, hereunto set, our hands this lst, day of August 1923'. CITY OF SOUTH BEND, INDIANA. HARPY N BARNES L. B .- SLAUGHTER L. P. HARDY Contractor, -- ALBERT F.--HONER Its Beard of Public Works. CONSTRUCTION BOND Maw w ru m= by dic a pres=nts. That we-_._ I . of the County of, .S St. Jo se Ph State of Indiana pal, and _...Li led Sta1 e_g Fidelity & Guarantee CgmPanZ of the County-- 3fimre and State of _ MAryl a , d .........., as sureties, are held and firmly bound to the City of South Bend, Indiana,., in the sum of nt.a - f hatl sAnd - -IT' nA tif .Dollars �-, for the payment of which, well and truly to be made, we jointly and severally bind ourselvas, n' hC1r,%y (xeeutors, adminstrators and assigns, firmly - t&ese presents. The conditions of the obligation are such that if the above named $R�YiG& ------------------------snail faithfully comply with the foregoing contract, made and entered into the_ .-_.,._--1s1—----------- - ------ da of---_.-_---__,-- �tt�llsl, 1 2 . 19._...,1 with the City of South B r-c.. Indiana and shall fulfill aWthe conditions and stipulations therein. contained, according to the true intent a ing th=reof, in all respects, then this obligation to be void, otherwise to be and remaix in full -force anc rS:111 in 'law. in the eve-- the said City shall extend the time for the completion of said work, such extensic_; ;'„a'u _I not in any way release the sureties on this bond. This shall be a construction bona, .tza the sureties on the same shall not be held responsible for the maintenance .and repair of the improvement after it h' s been accepted by the second party, but such sureties shall be held responsible for the faithful compli t.t, -e ,41- all other conditions, stipulations and requirements covered by or set out in the contract. Wednesday 111agust lst., 1923. Continued,: WITNESS our hands and scale this....... 1�.�, � •-w- � �----�-w-- �4...�... INTTED STATE. IT'I ,& Ruy N._Rf�Rl�t�', (SEAL) BY Ej., B. DORM (S AI.) .._ (S . .: The AM _bond approved this:......._....._J..s.$..-.....--- Aav of-- L. B. S_ LAUOUITER ARDY - Wwd .Of Pub& W*dW4 The following claims were STProved by the Board. Miseslianeous.DePt., 040.00 Engineering DePt., 1404.00- Street RePair 848.70 Garbage DePt. 734.90 Street and Aley DePt. 2275.55 garold Smith 32.00 Gee A. Davis 32.00 Edmund La Fortune 32.00 Walter KamP 32.00 W. A, Henry 32.00 Nathan S. Marsh 32.00 Frederick J. Anderson 60.00 Wesley Miller Fhour &Feed Co." .40 nn nn nn nn 7.00 . n tt n n n n n t► 4.75 City Lumber Co. 5.08 Shaffstall Battery Service 1.50 South Bend Foundry Co. 14.00 So, Bend SPring Wagon & Carriage Co. 12.40 Street and Alley DePt., 463.23 Salaries DePt., 574.98 Engineering DePt., 983.32 Cemetery DePt., 62.50 Building DePt., 601.00 Cemetery DePt., 231.60 Miscellaneous DePt., 12.50 The Tuttle CorPoration 3.00 The Book ShoP 1.25 I, W. Lower Dee, Co. 13.15 A. E. JohnsonPrinting Co. 15.00 Burrough's Adding Machine Co, 1.50 John B, Haberle 157.87 John. Beyrer & Son Roofing Co. 13.50 Attest`: - Clerk of the Board. a