HomeMy WebLinkAbout03/10/1914 Board of Public Works Minutes272
Tuesday March 10th..1914.
Board met in regular session at 10:00 A.M. Mr. A. H. Rice absent.
x Hearing given .on assessment roll and final estimate for Pipe sewer on
Eighteentri Street from St. Joseph River to Mishawaka Avenue and in Mishawaka Avenue
from, Sixteenth Street>to Nineteenth Street, under Improvement Resolution No. 231. In
the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no further remon-
strances were filed. The Board therefore find that the property assessed in said roll
filed February 3rd.,1914 is benefited in the amount of a,ssessnents es shown im said
rfill, and the Board further find that the assessment roll filed February 3rd. ,1914
acid the final estimate allowed February 3rd.,1914 should be and the same is hereby in
all things ratified, confirmed and approved.
J Petition filed with the Board for pavement on. Sherman Avenue from
Michigan Avenue to south end of street. The same was read and referred to the City
Engineer for investigation..
Petition filed with the Board for grade, curb and walk on Meade Street
f from Washington Street to Kaley Park. The same was read and referred to the City
Engineer for investigation.
Petition filed. with the Board for the placing of a street light at
Corner of Ewing Avenue and South Michigan Street, and the same was read and referred
to the Street Commissioners for invesiigation.
Petition filed with the Board for the placing; of a street light on
f Portage Avenue at the intersection of McCartney Street, was read and referred to the
Street Commissioner for investigation.
Petition tiled with the Board for the placing of a street light at
,i the intersection of Orange Street and Fremont Aveiue, and the wane was read and re-
ferred. to the. Street Commissioner for investigation.
Petition filed with the Board for the placing of street light for
illumination on La Salle Avenue to the Race Bridge. The same was read and referred
to the Street Commissioner for investigation.
Complaint received by the Board of a Central Union Telephone Company
/pole at second alley north of Linden Street between Studebaker and Birdsell Street
to be removed 10 ft. north.
The Bo&rd approved df the moving of this pole ten (10) feet north
as soon as the party has his garage built and completed.
Partial estimate allowed Stewart -Sheets & Company on Truri% fewer on
known a,s Botina.n Creek,under Improvement Resolution No. 181................032935.00
In regard to, the petition filed with the Board on February 24th. ,
�1914 for a light at the end of the Prairie Avenue called the Chapin Street car line
and referred to the Street Commissioner for investigation. Under this date the
Street Commissioner recommended that the installing of a electric light 6n the Three
S. ( right of way) crossing at Prairie Avenue,instead of place asked for in petition
The Board approved of the Street Commissioners recor:mend.
City Engineer reported an the petition for concrete pavement on
First alley west of Park ikvenue from Navarre Street to La. Aente Terrace and
recommended that the petition be granted. The Board ordered a, resolution prepared
on S&Klf� .
Bill for the labor to meet payroll for shoveling on City's land
between Parry and Francis Streets. The same to be paid out of the Miscellaneous Fund
was approved by the Board.
2 7 ,.3
T, ] R!s d a V j}�� h !n t.h
In regard to the petition filed with the Board for a street light on
E: Bowman Street at intersection of High Street on February 24th. , 1914,, and referred to
the Street Commissioner for investigation. The Street Commissioner reported on same
and Board -ordered the placing of the light for future consideration.
The following easement was 'received from Nellie S. Talcott and approved
by the Board.
EASE1AENT FOR SEWER
THIS INDENTURE Made this 28th.9 day of February,1914 between Nellie
S. Talcott, vridew, of the -City of South Bend, Indiana , grantor, Pnd the City of South
Bench, Indiana, by its board of Public Works, grantee: -
Whereas, the said grantor, is seized in fee sinple of ea, parcel of land,
situated in the City of South Bend, St. Joseph County, and State of Inda,na,, described as
follows: -
Lot Lettered "V" in Leert s Survey, which lot is situated between Vistula
'Avenue in .said City and the St. Joseph River.
And., Whereas, the grantee is constructing a. sewer in the vicinity of said
lot and desires to emptzr said sewer into the St. Joseph River at the point where said lot is
situated, and desires to obtain an easement from the above napied grantor for the, purpose.
Therefore, in consideration f tune sure: of $25.00,pa,id to the above
named grantor by the above named grantee, the receipt whereof is hereby acknowledged and
confessed, the said grantor hereby grants, forever, unto the said grantee, the right to
i3nter upon the above described real estate and to construct its .said sewer across and under
the above described real estate.
And in consideration of said grant the above named grantee hereby agrees
that said sewer shall be constructed and placed at least ten (10) feet below the surface
of said real estate, as it is now situated, and further agrees to submerge the end of
said sewer by placing a cast iron pipe on the end thereof, which shall protrude into the
water of the St. Joseph River, and the grantee further agrees that after said sewer is con-
structed, it will restore the land to the same condition as it was before said sewer was
constructed, and will remove from the surface thereof, any superfluous dirt or rubbish.
And it is further agreed that the said grantee s)�:11 have the pri-
vilege at all time of entering upon the above described real estate for t.rie purpose of re-
pairing or replacing said sewer, and that said grantee shall do the same in a manner so as
not to damage any building or improvement that hereafter may be placed upon said real estate
by the grantee, her heirs, personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set• their hands and
seals this 28th. day of February ,1914 in duplicate.
NELLIE S. TALCOTT
CITY OF SOUTH BE101,INDIhNA.
By E. M. MORRIS
A. H. RICE
JO HN B . WEBER
Board of Public Works.
STATE OF INDIANA
ST. JO SEP H COUNTY SS
Before me, a Notary Public in and for said County, personally
appeared Nellie S. Talcott, the above named grantee and acknowledged the execution of the
above grant of easement this 28th., day of February ,1914.
THAD. M. TALCOTT.o
My Commission expires, Notary Public.
April 19th. 21915.
274
0
Tuesday March loth., 1914 Continued.
STATE OF INDIANA 0 SS
ST. JOSEPH COUNTY#
Before me, a Notary Public in ana for said County personally appeared
Ernest M. Morris, Arthur H. Rice, and .John B. Veber, members of the Board of Public
Works of the City df South Bend, Indiana, and for and on behalf of s€id City, ac-
knowledged the execution of the above grant of easement this 2�lth„ day of" February
1914.
My Commission expires.
October 4th.,1914.
ARTHUR P. PERLEY,
Notary Public.
The following communication received regarding Ernsperger Street and placed on file
Mishawaka, Indiana.
March 211914.
To the Honorabke Board
of Public Works,
South Bend, Indiana.
Gentlemen: -
At the meeting of the Board of Public Works of March 2,the matter of the
Ernsperger Street improvement was considered, and the following motion prevailed.
" That the President of. the Board, the City Engineer and the Street Coma-
missioner be empowered to act in the matter of the Ernsperger Gravel Road Improvement
s,nd that he Clerk of the Board notify the Board of Public Works of South Bend, that
this Board slid not deem it necessary to make the Side Walk and Curb Improvement at
the present time.
Respectfully Yours,
GEORGE W. NUTT,
Clerk of the Board of
Public Works.
275
CONTRACT FOR TTIE CONSTRUCTIO7 OF A SHEER WALL
FOR PROTECTION OF BOWMAN CREEK TRUNK SEINER.
TiIS AGREEJIENT, ��a,de a.nd entered into at tree City off' South Bend, Cou sty of St. Joseph
and State of Indiana, by and between The City of South Bend, Inr.ia,n€a., by .its Board of
Public Works, party of the first part, and George W. Steward aid Samuel Sheets, part-
ners, doing; busi .ess under the firm name iA,iid style .of Stewa,rt,Sheets & Company,of the
City of Vincennes, State of Indiana, party of the second part ,WITNESSETH:-
Thaxt, whereas, on the llth. day of Apri1,1913, the party of the second
part, by its written agreement, undertook to perform the terms and conditions of IL cer-
tain contract, executed April Ilth., 1913 by the party of the first part, and the Inter-
state Construction Compa.ny,: for the construction of a Trunk Sewer in said City, knoyrn as
the Bowman Creek Trunk sewer. That said contract between the party of the First part and
the said Interstate construction Company was on the 20th. day of May,1913 assigned by
said,last named, company to the party of the second part, which asIsigmment was accepted
by said party of the second part.
That, whereas, said party Of the second part has performed said contract
in part, and bas constructed a section of said sewer along the route of said sewer on the
north side of the Lake Shore & Michigan Southern Railway Company's culvert.
That, whereas, at said place, the top of the sewer, as so constructed
projects above the land and is exposed, and the surface waters flog thereon, and may
damage and destroy said. sewer, and it is necessary to build a concrete sheer wall at that
point, for the purpose of directing said surface water away from said sewer, and in
another direction..
Therefore, this agreement witnesseth that the said parties of the sec-
ond part covenant and agree with the said party of the first part to build such a wall
at said point, to do filling and gradin-a.g, and to do and perform all work in the prosecu-
tion of the above described improvement and in accordance with the terms and conditions
of the plans and spetificat ions, which are hereto attached, marked Exhibit "A" and "B"
and made a part of this contract, as fully and effectually as if copied herein at full
length, and. do all in good and workmanlike manner, and under the direction and control
end to the -acceptance of the Civil Engineer of said City.
It is agreed that no assi.grinlent of this contract shall be made without
the written consent o the party of the first part. Said parties of the second part
agree to pay for all labor and materials used in said work, except engineering, and
said City may reserve out of the contract price, payable to the said parties of the
second part, so much as may be'necessary to pay any labor or material men for amounts
due them on said work, and the City Treasurer ofmsaid City may require said parties of
the second part to file receipts rrom such labor and material men for the amounts so due
them. Said parties of the second part agrees that in the prosecution of said -xork, all
proper skill and care will be exercised. That they will property and fully protect
all dangerous places, and will use every proper precaution to prevent injury to any
per;,on or property, end will save and keep said City harmless from any and all liabili-
'ties whatsoever growing out of any injury, or damage to any persona or propert"because
of any neglect or fault of the said parties of the second part, their agents or employees
iA the performance of this contract or in any Matter connected with or relatting thereto
nd to pay any judgement with cost, which may be obtained against said City, growing
out of any such injury or damage.
In consideration _of the promises and agreements herein Mare to be kept
maid performed by said parties of the second part, said party of the first part agrees to
pay to the said parties of the second part, the sum of 8350.00. That said sum shall bPc
due and payable upon the completion of said work, and the perfopm8nce of this contract
and after the said work has been inspected and approved by the City Civil Engineer.
And the saId parties of the second part further agree that they will
remove all, -rubbish and unused material left olt completion of the work from the right -
of way along the line of said sewer.
Tuesday March 10th.,1914. Continued.
Tne. parties of the second part Further agree, as a part of this con—
tract, that for the faithful performance of the terms and conditions hereof to be
performed upoxa, their part, they will furnish the party of the first part a bond with
a good and sufficient surety thereon, and this contract shall not be binding upon
the party of the First part until said bond is received and. approved by its Board of
Public Works.
IN TESTIMONY WHEREOF, We, the foregoing named parties hereto set our
hands and seals this 10th. , day of March 1914.
E. M. MORRIS
JOHN B. WEBER
Board of Public Works of
the City of South Bend,,'
Indiana.
STEWART SHEETS & CO.
By S.L.SHEETS.
res dent.
TuesdaY March 10th.,1914.
Board met in regular hearing at 7:30 P.M. Mr. A. H. Rice absent.
Routine business only was transacted.
President.