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HomeMy WebLinkAbout09/12/1913 Board of Public Works Minutes1 Board met in regular session at 10:00 A.M. Mr. Lambert absent. � ry ,/Bids were opened and read for Pipe sewer on Sunnyside, Colfax and LaSalle Avenue under Improvement Resolution No., 291. In the City of South Bend, Indiana., were,. referred to the City Engineer for tabulation, to be reported back Tuesday Sept.. 16th.,1913. at 10:00 A.M. ✓Partial estimate allowed to 'Hanry N. Barnes for pavement on. Kemble Avenue ,under improvement Resolution No. 226. In the City of South Bend, Indiana for tlae amount .......... ........................ .............. ...$6,739.65 ✓Petition was received from property owners on Hoke Street from Randolph Street to Cal vert Street for sidewalks. The same was read and referred to the City Eng*n-- eer for investigation. ,/Petition was received from property owners on West Division Street for grade, on' Thi rdi.�Plat` Summit .Place ,Addition, north side of Division Street. The same was read and referred to the City Engineer for investigation., -,"The setting of two wooden poles temporially on La Salle Avenue Bridge was allowed the Chicago, South Bend & Northern Indiana Railway Company. The following resolution was approved by the Board. WHEREAS, a certain contract was executed by the City of South Bend, September 12th., 1913 for the construction of a sewer of Six (61) ft. cast iron pipe across the right of way of the L: S.& M. S. Ry. Company at a point designated as Culvert 62 and Whereas, it is agreeable to the parties to said contract to modi- fy the same, so that taid sewer -shall be constructed of brick in the place of said cast: i-ron. Therefore, be it resolved, that said contract be changed and modi- fied.to read as follows ,to -wit:- That said sewer across the right of way of the Lake- Shore ,& Michigan South ern Railway Company shall be constructed of twocourses of Danville Sewer Brick, reinforced with Twelve (12") inches of concrete, said construction in other regards to conform to the conditions of said contract. OTTO C. BASTIAN BOARD OF PUBLIC WORKS. 1 �-3 5 STREET OR ATjLEY IMPROVEMENT RESOLUTION NO. 290. BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BENDST. JOSEPH COUNTY,STATE OF INDIANA, that it is desired and deemed necessary to improve MILTON AVENUE FROM MICHIGAN STREET TO WITWER AVETNUEas follows,to-wit:- By grading and paving the roadway, also grading'a'nd paving the roadway of inter- secting and entertng streets and alleys, lying within said portion•of said Witwer Avenue not included in the roadway to be improved with Asphalt, Bitulithic, Brick or Creosoted 'Wooden Blocks. Laid on a five (5) inch portland cement gravel concrete foundation* Or with Brick laid on a six (6) inch gravel foundation, placing the necessary marginal cement curb., curbing the roadway with cement curb where same is not already constructed.. also the construction of the necessary storm water in -lets. All as shown on the plans.) and in accor. dance with the profiles, detail plans and specifications on file in the Office of the Department of Public Works of said City. And such improvement is now.ordered. The cost of the improvement herein provided for, except street and alley inter- section3, shall be paid by special assessment to be levied upon the , property specially benefitted, to the amount't-hat the same may be legally assessed therefor, in accordance wit.a an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6,1905, and in accordance with and pursuant, to the provisions of all acts amendatory and supplemental thereto. The cost Of all -street and alley intersections, including one-half of the *idth of the improvement opposite street and alleys which run intobutdo not cresssaid roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall ,be paid by the City in cash out of its general fund., if able to do so, or from a fund ,created by a special assessment to be levied under the provisions of Section 109 of the above entitled Act* Assessments of ten dollars and more against each let, if deferred., are to be paid in ten equal annual installments, with interest at the rate of Six per cent per annum. A band -,or bonds will be issued to the contractor to the amount of such deferred assessments in pro rats payment for such improvement. Under no circumstances shall the City of South Bead be, or be held-respons- ible,f'or any sum or sums due from 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 ee-rtificates issued to said contractor in payment for such work, except for such moneys as shail have. actually been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be provided for .in said above entitled Act, and Acts amendatory thereof and supplemental thereto. BE'IT,,FURTHER RESOLVED, That the Board of Pu.blie -fix the 10th., day of October A.D. 1913 at the hour of 7:45 P.M. at the office of the Board of Public of this City, as the time and place for the public -consideration of said proposed improvements, at which said Board of Pubic Works will hear all persons interested, or whose property is liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED. That notice of the time and place of such public ,consideration be published and mailed in the manner provided by law. Notice of this resolution shall be published on the 15th., day of September 1913 and on the 22nd. day of 'September 1913 in the South Bend Daily Times. Adopted this Twelfth day of September 1913. BOARD OF PUBLIC WORKS,, 126 AGREE11ENT. -------------- WHEREAS, the City of South Bend, by and through. its Board of Public Works, /deems it a public necessity to construct a sewer in said City, wiIich said lisle of sewer will pass across the., right-ef-way of the Lake Shore & Michigan Southern. Railway Company, in said City, at a, point known and. desi aced as Bo ma Creek, and through said Railway Company's stone arch culvert No. 62, and which said sever will be con- structed and laid below the bed of the Creek, running through and under said. stone arch culvert No-62 and across the said right-®f-way of said Railway Company; and WHEREAS, t fie said L�;,ke Shore & Michigan, Southern Railway Company, in eon- sideratiox of the right of said City to condemn and appropriate an easement for the purpose of laying said sewer across its said right-of-way and through said culvert, as aforese:id," (I.esires to gr, gat to said City said ease .ent which it could acquire by cola- demnatiox; IT IS THEREFORE AGREED by the City of South Bend, by and through its Board of Publien Works, Party of the First Part, and The Lake Shore & Michigan Southern, Railway Company, Party of the second Part, in consideration of the mutual covenants and agreements hereinafter contained, that the said City of South Bend may enter upon said.. right-of-way for the purpose of laying,building and con.struetixg said sewer ever and across said right -of- ,ay, following the bed of said Bowmax Creek through said stone arch culvert No-62. And the City of South Bend shall have the right to perpetually maintain said sewer upon said line, and to re-enter upon said premises and the" ad jaeen.t prestisq for the purpose of making repairs or re -constructing. said sewer, but 'such work so ex- tered into and upon by said City, in the maintenance or repairs thereof, shall at no time interfere with the business of said Railway Company, nor shall said City make any change in said sewer under the tracks of said Railway Company without notice to said Railway Company of the kind and character of said repairs anticipated or intended by said City. It is FURTHER AGREED by the parties hereto that said sewer shalll be con- structed across the right-of-way of "said Railway Company, two rings of Danville sewer Brick reinforced with twelve (12) inches of coxerete, and that the same shall be laid to such a grade that the top of said sewer shall be below the present bend of Bowman Creek; and said City further agrees that each side of said sewer where the same passes through said stone arch culvert, said city will fill in from said sower to the walls of said culvert on each side of said sewer, with cement grouting; and said City will further re-eoxstruct the bed of said Bovmax Creek across the right-of-way of said Railway Company with cement concrete, in such` a manner that the same shall constitute a good aAd substantial bed for said Creek, and will protect the banks of said Creek and the bed thereof from washouts which would be then caused or threatened by the con- struction of said sewer; all of which work small be done without any cost or expense whatever to said Railway Company; Provided, however, that said Railway Company -shall be assessed for the, construction of said sewer district, the sane as other property owners are assessed for the construction of said surer, and not otherwise; And said City Further Agrees that in the event the construction of said sewer in the. manner adopted by said City shall fbstruet, said Bowman Creek so that the flow of the water through sand Culvert Me. 62 is retarded, thereby eausixg overflow of lands to the south of said culvert, to the ix jury and damage of the pro- perty owners, said City will render and hold -said Railway Company free from all such damages arising because of such eexstructiox, A ,d. 7.lril�. pay sued damages as lay be assessed against said Railway Conpcny, occasioned by the constniati.ev of said sewer_ as aforesaid. It Os Further AGREED by the said City of South Bend that in the cox- struetiox of said sewer, the walls of said arch or the base or douxdation thereof shall not be molested or changed or affected in any way, and t At said stone arch will not in any way be ix jured or damaged or weakened by said City, its employees, - contractors or agents. 127 -r :u,�T September 12th• ,19z3. Continued. And said Railway Company does hereby grant unto the said City of South Bend, said ea,sewn.t to use, occupy and aross said right-of-way upon the line hereinbefore described for the purpose herein mentioned and provided, and under the conditions herein stipulated, and does further hereby grant unto said City, in consideration of the. agreements and covenants on the part of said City, the right 'te perpetually maintain said sewer as herein provided, and the further right to re-enter upon said premises, as herein provided, for the purpose of re- pairs to be made to said sewer. _ During the progress of the work, the City of South Bend, its employees, con- tractors or agents shall have the right to use and occupy portions of the right-of-way along the line of said sewer where the sane crosses said right-of-way, for the purpose of storing materials, sewer pipe, and doing the eoxstruetive work over said right-of-way, and While cox- structing said sewer across said right-of-way; and said occupation shall be such a character as not to interfere with the work of said Railway Company and the operation of its Railwaad. While said work of constructing said sewer is in progress over the right-of-way of said Railway Company, or at anytime w ex repair`s are being nude thereto, or other, work done on said sewer, if any person or persons'are injured by said Railway Company by the -oper- ation of its trains over its said tracks at, over or about said right -of -Tray which injury is caused by the construction or existence of said sewer, or which injury is to any person or per- sons who were in or about said sewer for said City, or its agents or contractors or connected with the construction of said sewer, the said City of South Bend does hereby agree to and binds itself to render and hold the said Railway Company free from the payment of any sum of money which said Railway Company may be required to pay in settlement of such -injury or damage; and said City agrees to fully compensate and reimburse said Railway Company for the payment of any sum which it, the said Railway Vonpaxy may be compelled to pay in liquidation of such damages. In Witness Whereof, we have hereunto set our hands and seals this 30th. , day of September,1913. CITY OF SOUTH BEND, By OTTO C. BASTIAN (SEAL) CHAS. F. NIEDBALSKI( SEAL) ( SEAL ) Board of Public Works. THE LAKE SHORE AND MICHIGAN SOUTHERN RAILWAY COMPANY. By D. C. MOON _ ( SEAL) Explanation: - The Board of Public Works signed this agreemext;this the 12th.2 day. of September 1913 and the Lake Shore and Michigan Southern Railway Company signed September 30t h. ,1913. President. 128. Board met in regular hearing at 7:45 P.M. Mr. Lambert absent. Hearing given. can Roll showing awards of damages and assessments of benefits in the matter of Vacation Resolution No. 21 for the Vacation of 14 ft. alley lying west of lots 50-51-52 amd 53 in Kauffmants Place Addition.. In the above matter the Board deferred all action until Friday September 19th.11913 at.10:00 A.M. ✓ Hearing given on Assessment roll and final estimate for water connections on. Kemble Avenue from Prairie Avenue to Ewing Avenue, under Improvement Resolution No. 274. In the City of South Bend, Indiana.a In the above matter no remonstrators appeared and no remonstrances were filed. The Board therefore find that the property assessed in said roll filed August 12th. ,1913 is benefited in the amount of assessments as shown, on said roll and the Board further find that the assessment roll filed August .12th.,1913 and. the final estimate allowed August 12tn. ,1913 should be and the same are hereby in all things ratified, confirmed and approved. /Hearixg given on Assessment roll and final estimate for Water Connections ex Duaham Street from Arnold Street to Harris Street, under Improvement Resolution No. 279. In. the City of South Bend, Indiana. In. the above matter no remenstraterrs appeared and no remonstrances were filed. The Board therefore find that the property assessed in said roll f_J.led August .22nd. 1913 is benefited in the amount of assessments as shown, on said rolls and t e Board further find that the assessment roll filed August T2nd.1913 and the final estimate allowed August 22nd.,1913 should be and the same are hereby in all things ratified, confirmed and approved. Hearing given on assessment roll and final estimate for water connections'on Lihtner Street from La Porte Avenue to Michigan Avenue, under Improvement Resolu- tion No. 292. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no remonstrances were filed. T e Beard therefore find that the property assessed in said roll filed August 22nd. 11913 is benefited in the amount of assessments as shown on said roils and the Board further find that the assessment roll filed August 22nd..1913 and the final estimate allowed August 22nd. ,1913 should be and the same are hereby in all things ratified, confirmed and approved. ./ Hearing given on Assessment roll and final estimate for sewer connections on Dunham Street from Arnold Street to Harris Street, under Improvement Resolution. No. 2F19. In the City of. South Bend, Indiana. In the above matter no remonstrators appeared and no remenstran.ees were filed. The Board therefore find that the property assessed in, said roll filed August 12th.,1913 is benefited in the amount of assessments as shown on. said roll and the Board further find that the assessment roll filed August 12th. ;1913 and the final estimate allowed August 12th.,1913 should be and the same are hereby in all things ratified, confirmed and apluvoved. r/Hearixg given on Assessment roll and final estimate for water connections on Pine Street from Perkins Street to L. S.&M. S. Ry. Company, under improvement Resolution No.152. In the City of South Beno.Indiana,. In the above matter -no remonstrators appeared and no remonstrances were filed. The Beard therefore find that the property assessed in said roll filed August 12th.,1913 is benefited in the amount of assessments as shown on said roll and the Board further find that the assessment roll filed August 12th., 1913 and the final estimate allowed August 12th.,1913. anduld be and the same are hereby in all things ratified, confirmed an!'approved. /Hearing given on. Assessment roll and final estimate for Water connections on High Street from Saple Street to Broadway Street, under Improvement Resolution, No. 277., In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no remonstrance:: were filed. The Board therefore find that tKe property assessed in said roll filed August 12th. ,1913 is be iefited in the amount of assessments as shown ox said rolls and the Board further that the`as.sessment roll filed Augut 12th.21913 a _d the final estimate allowed August 12th. ,1913 should be and the same are hereby in: all things ratified, confirmed and approved. " 1-29 RA ,/Hearing given on assessment roll and final estimate for Sewer connections on High Street from Sample Street to L.S.& Michigan Southern Ry. Companyq under Improvement Resolution No. 277. In the City of South Bend, Indiana. In the above matterno, reinenstrators appeared and no remonstrances were filed. The Board therefem find that -the property assessed in sa,id roll ,filed August i2th., 1913 ls..,.Ibenefited in the amount of assessments as shown on said roll and the Board further find that the assessment roll filed August 12th.,1913 and the final estimate allowed, August 12th-.1913 s-hould be and the same are hereby in all things ratified, confirmed and approved. /Hearing given on Assessment roll and final estimate for grade, curb and walk on East Olive Street from Michigan Avenue to Elwood Avenue, under Improvement Resolution No. 195. In the City of South Bond, Indiana. In the above matter semen -aerators appeared, but no remonstrances were filed. The Board therefore find that the property assessed in said roll filed August 12th.,1913 is benefited in the amount of assessments as shiwn on said rolls., and the Board further find that the assessment roll filed August 12th. ,1913. and the final estimate allowed August,12th.,1913 should be and the same are hereby in all things ratfied, confirmed and approved* ,,/Hearing given on Assessmentt-roll - - and -final estimate for grade, curb .:and walk on Nineteenth Street from Mishawaka Avenue to Grand Trunk Western Ry., Under Improvement Resolution No. 197- In the City of South Bend, Indiana. In the above matter a remonstraters appeared, but no remenstrances were filed. The Board therefore find that the prooerty assessed in said roll filed August 19th., 1913 is ,benefited in the amount of assessments as shown on said roll and the Board therefor* further find that the assessment roll filed August 19th,.', 1913 and thefinal estimate allowed August 19th.,1913 she-,--ld be and the same are hereby in all things ratified, confirmed and approved* ,,/Hearing given on assessement roll and, final estimate for Grade, curb and walk on Logan Street from Scott Street to Cushing Street, under Improvement Resolution No. 255. In the City of South Bend, Indiana. In the above matter no remonstraters appeared and no remonstrance were filed. The Board therefore find that the property assessed in said r&ll filed August 19th-2 19&3 is benefited in the amount of assessments as shown on said rolls, and the Board further find that the. asessment roll filed August 19th..)1913 and the final estimate allowed August 19th..) 1913 should be and the same are hereby in all things ratified, confirmed'and approved. Hearing given on assessment roll and final estimate for Walk and Curb on Haron Street from Nesciuszko Street to Lincoln Street, under Improvement Resolution No. 186. In the City of South Bend, Indiana. In the above matter no remonstraters appeared and no remonstrances were filed. The Board therefore find that the property assessed in said roll filed August 12, 1913 axd is benefited in the amount of assessments as shown on said rolls, and the Board .further find that the assessment roll filed August 12,1913 and the final estimate allowed August 12th-.1913 should be and the same are hereby in all things ratified . confirmed and approved. Hearing given on Assessment roll and final estimate for grade, curb and walk on St. Vincent Street from St. Alexis Street to alley west of Lawrence Street,, under Improvement -Resolution No. 235- In the City of South Bend, Indiana. In the above - matter no remonstraters appeared and no remonstrances were filed. The Board therefore find that the property assessed in said roll filed August 22nd. 1913 is benefited in the amount of assessments as shown on said rolls, and the Board further find that the assessement roll filed August 22nd.21913 and the final estimate allowed August 22nd.,1913 should be and the same are hereby in all things ratified, confirmed and approved. Hearing given on assessment roll nd final estimate for water connections on College Street .from Washington Avenue to Michigan Avenue, under Improvement Resolution No.. 276. in the City of South Bend, Indiana. In the above matter no remonstrators appeared and no remonstrances were filed. The Board therefore find that the .property assessed in said roll filed August 12th.71913 is benefited in the amount of-.&ssessments as shown on saidl roll., and the Board further find that the assessment roll filed August 12th..,1913 and the final estimate allowed August 12th..,1913 should be and the Fame are hereby in all things ratified.) confirmed axd approved.