Loading...
HomeMy WebLinkAbout08/25/1914 Board of Public Works Minutes469 sway Augus'G ;e_lbtn. 21y14. Board met in regular session at 10:00 A.M. All members present. Bids were received, opened and read on the following improvements and were referred to the City Civil Engineer for tabulation to be reported on at 7:45 P.M. this date. Sewer on Calvert Street from Bowman Creek Trunk sewer to Witwer Avenue ,under Improvement Resolution. No. 330. Pipe sewer on Bubail Avenue from Carroll Street to Miami Street, under Improvement Resolu— ✓'tion no. 332. Pavement on Sherman Avenue from Michigan Avenue to south edd of said street, under Impmve— ✓ment Resolution No.301. Pavement on 1st. alley west of Main Street from Madison Street to La Salle Avenue and vllst. alley north of La Salle Avenue from Main Street to Lafayette Street, under Improve— ment Resolution No. 322. Mr. Chas. Oberlein appeared before the Board, the Board ha,, ing the. utter of - ✓ taking out permits before he done any excavating , from the Engineer's office. Mr. B. F. Augustine,President of the Board of Public Safetywith Fire Chief Sibrel appeared before the Board in red to the Board purchasing the old fire horses ✓ for their departments. No. action taken. Communication received from J. C. Birdsell and F. A. biller soliciting the privilege to pave Sunnyside Avenue -from the north property line intersecting with Jefferson Blvd to a point 310 feet north of such line with concrete pavement. The Board ordered that both Mr. F. A. Miller and Mr. J• C. Birdsell be requested bo be present at their regular session to be held at 7 45 P.M. this 25th., day of August,1914. Thefollowing com munication was received, read and placed on file.e. _The, -City Engineer was instructed to prepare a resolution for a sewer on Cherry Street at Jefferson Blvd. Board of Public Works, South Bend, Indiana. Gentlemen:— In re Complaint Cherry S+. sewer. In answer to ynwr question whether your Board has the power to assess the cost of repairing a sewer against adjacent and benefitted property. I advise you that it is my opinion that you can not. There is no case in Indiana on the subject but there are a great many cases in other states in i�hich It is held that under the usual grant of power to construct a sewer, when once constructed, special assessments can not be levied for reconstruction or repairing, even though additional benefits thereby accrue. But, the cases hold that a new sewer can be constru ted at the ex— pense of pofjerty owners.when one previously onstructed has become inadequate. Amd this this is true because the power to impose special assessments is a continuing power and not exhausted when one eewer is built, but if it ceases to conduct the sewage a new one may be built. Yours very truly, E. F. SEEBIRT, Pole and Wire Inspector Thomas Beaning reported on the poles on South Mich. Street from the corner of Chippewa Avenv.e south past the property of H. S. Cover, and the ✓ same was read and placed on file. Pole and. wire inspector Thomas Beaning reported that pole in front of 454 S. Harris Street was in defective condition. The Board approved of said report and the Indiana & Michigan Electric Company was ordered to replace this at once* Engineer filed the estimated cost of Fellows Street pipe sewer improvement at ..... 310.00 n n n n n of Yirginia Street pipe sewer improvement at.$.1,110.00 Mr. T. C. Barnes notified the Board that he had ordered the Brick to repair High Street pavement, and would make the necessary repairs as soon as brick came. 470 Blue print of the change o"f curb lines at Sotth Bend Avenue and Notre Dame Avenue," in this City was approved of by the Board. Bond and contract for pipe sewer on Yukon Avenue from Portage Avenue to Riverside Drive ,under Improvement Resolution No. 325, signed by L. H. Webster as principal and the London & Lancashire Guarantee & Accident Company of Canada'as sureties, was unanimously approved by the Board. Complaint received from Rollo E. Bunch in regard to a pole' in the alley J at the rea6 of his lot at 715 Riverside Drive, he states this pole would. be in the way of a new garage he intends to build also of a pavement in the alley at this poiht. Pole and wire inspector reported that this was a Central Union Tel. Co., and a's the garage is not to be built for some time and no paving started yet, the same was placed on file until further notice. J Communication received from Frank Korn, petitioning the Board to approve of the pavement on Diamond Avenue. The same was read and placed on file. Communication received, read and placed on file froln T. C. Barnes. J President. Q "M Board met in regular session at 7:45 P.M. All members present. ✓ Hearing had on improvement resolietion_NO- 337 for the pavement of Diamond Avenue from Michigan Avenue to No. line of Cushing's Fifth Addition. In the City pf South Bend, Indiana. Upon said hearing remonstrators appeared, but no further remonstrance was filed. The Board after due consideration decided to defer all action on said improvement until Tuesday March 9th.,1.914 at 7:45 P.M. Notices to be sent out in time for hearing.) Deferred hearing given on Pavement on Blaine Avenue from La Porte Avenue to Van Buren Street, under Improvement Resolution No. 336. In the City of south Bend, Indiana. In the above matter remonstrators appeared, and a further remonstrance also a petition was filed. The Board decided to deferr their decision on said improvement until Friday August 29th.,1914 at 10:00 A.M.(The City Civil Engineer having been instructed to check up resident. property holders on petition and remonstrances. and report at this time. Hearing had on improvement Resolution No. 339. for a pipe sewer on ✓ Lafayette Street and Marion Street from a point 100 ft. No,. of the North line of Navarre Street to a point 100 ft. w. of the w . line of Lafayette Street. In the City of South Bend, Indiana. Upon said hearing remonstrators appeared, but no written remonstrance was filed. The Board leaving said matter under advisement decided that said resolution should be and the same is hereby and in all things rescinded. Hearing given on Condemnation Resolution No. 34 for the purpose of ✓ appropriating a strip of land ,for the widening of Terrace Avenue from Portage Avenue to Woodward Avenue. In the City of South Bend, Indiana. , , In the above matter remonstrators appeared but no remonstrance was filed. The Board decided to defer all action on said resolution until Tuesday September lst.91914 at 7:45 P.M. Hearing had on 'improvement Resolution No. 339. for the resurfacing of Marion Street from west line of St. Joseph Street to E. line of lot 5 Hammond & Waitcomb Addition. In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no remonstran ee was filed. And the Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvements are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on sated resolution as originally adopted, and the same is hereby in all things ratified, confirmed and approved. Resolved further, that notices be published on the 27th., day of August,1914 and on the 3rd., day of Septeinber,1914 in a newspaper of general circu— lation in said City, stating that this Board will receive bids for the construction of sa said improvements, tip to 10:00 A.M. on the 15th., day of September,1914.a The Board reserves the right to reject any and all bids. Deferred hearing given on Assessment roll and final estimate for pipe sewer on Iroquois Street and alley north of North Shore Drive, under improve— ment Resolution No. 239. In the City of South Bend., Indiana. Remonstrators appeared and made an oral remonstrance against their assessments for said sewer. The Board decided to defer all action until Tuesday September lst.,1914 at 10:00 A.M. ^ Deferred hearing had on assessment roll and final estimate for pipe sewer on Parkovash Avenue from Iroquois Street to Lafayette Street, under Improvement resolution No. 259. In the City of South !, end, Indiana. - . _Remonstrators appeared and made an oral remonstrance against their assessments, the Board decided to defer all action on same until Tuesday Sept. ist.,1914- at 10:-00 A.M. Hearing given on assessment roll and final estimate for curb and walk on North side of Calvert Street f'r:�m South Leer Street to south line of Kline Street, under Improvement Resolution -No. 317. 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 rolls filed August 4th.,1914 is benefitted in the amount of assessments as shown on said rolls and the Board further find that the assessment rolls filed August 4th.,1914.and the final estimate allowed August nth.,1914 should be.and the same are hereby in all things ratified, confirmed and approved. Petition filed with the Board dor a sewer on Niles Avenue from Sorin Street to Corby Street. The same was read and referred to the City Engineer for investigation. JPetition filed with the Board for sidewalks on Miles Avenue from Sorin Street to Corby Street. The -same was read and referred to the City Engineer for investigation. Petition filed with the Board for a pipe sewer on Sorin Street from Eddy 1 Street to St. Louis Street. -The same was read and. referred to the City Civil Engineer for investigation. .Engineer filed assessment roll and final estimate for asphaltic concrete pa vement on Cedar Street from Exierick Street to Eddy Street, under Improve- ment Resolution No. 295. In the City of South Bend, Indiana. Resolved; that notices as to the amounts of assessments be published for six consecutive days in the South Bend Daily Tribune, commencing on the 31st. day of August,1914 stating that this Board will give a hearing Son the amount of such assessments at its o f'ice in the City Hall on the 2f2nd. day of - at 7:45 P.M. Resolved further, that the entire work under the above contracts be accepted and approved and the final estimate thereon allowed. Notice of this resolu- tion shall be published on the 31st. day of August,1914 in -the South Bend Daily Tribune, stat ng that this Board will give a. hearing on the aceeptance of such work at its office in the -City Hall on the 22nd., day of fieptember,1914 at 7:45 P.M. Engineer filed assessment roll and final estimate for cement sidewalk on Pennsylvania Avenue from High Street to MiUmi Street, under Improvement Resolution No. 310. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published for six consecutive days in the South Bend Daly Tribune, commencing on the 31st. day of August,1914 stating that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 22nd. Day of September 1914 at 7:45 P.M. Resolved further, that the entire work undr the above contract be accepted and approved and the final estimate theren allowed. Notice of this resolu- tion small be published on the 31st: day of August21914.in the South Bend Daily Tribune, stating that thi Board will give a hearing on the acceptance of such work at its office in the City Hall on the 22.d. day of September,1914 at 7:45 P.M. The Board by unanimous consent awarded the contract for the pipe sewe J on Dubail Avenue from Carroll Street to Miami Street to De Peape,& Coussens for the amount of......................................................5,FS9.00 The Board by unanimous consent ai!�arded- the contract for pipe sewer on Calvert Street from Bowman Creek_ Trunk sewer to Witwer Avenue to De Peape & Coussens, Contractors for the amount of ............................ ...$3,079.00 By unanimous consent the Board made a preliminary award of the Jpavement on the 1st. alley west of Main Street from La Salle Avenue to Madison Street and the lst. alley north of La Salle Avenue from Main Street to Lafayette St. to H. N. Barnes with concrete, for the amount of .......................1,30.73 The date of this award expiring on Saturday September 5th.,1914 at 10:00 A.M. 4 7`73 By unanimous consent of the Board a preliminary award was made of the pavement .on Sherman Avenue from Michigan Avenue to South end og said street to H. N. Barnes, Contractorwith Brick, for the amount of $2,956.56. The expiration of 'said award September 5th.,1914 at 10:00 A.M. Communication received from Southern Ohio Vault Company= in regard to prices on stone burial vaults. The same was read and placed on file. STREET OR ALLEY IMPROVEMENT RESO-LtTTION NO. 354. Be It Resolved by the Board of Public Works of the City of South Bend, Indiana, St. Joseph County, that it is desired and deemed necessary to improve Cottage Grove Aveme from Grand View Avenue to Oak Street as follows, to@wwit:— Bit gradmgg and paving the roadway, also grading and paving the roadway of all intersecting and entering street and alleys, lying within said portion of said Cottage Grove Avenue not included in the roadway to be improved withASPHALT,ASPHALTIC CONCRETE, BITULITHIC,CREOSOTED.WOODEN BLOCKS OR BRICK laid on a five (5) inch Portland Cement Gravel Concrete Foundation. Or with BRICK laid on a six (6) inch Rolled Gravel Foundation. On a CONCRETE PAVEMENt seven (7) inche's in depth. Placing the necessary marginal cement curb, curbing the roadway with cement curb where same is not already constructed. Also the con-, struct°ion of the necessary stormiwater inlets and conduits. -All as shown on the plans, and in accordance with the profiles, detail drawings and specifications on file in the Office of the Department of Public Works of said City. The cost of the improvement herein provided for except street and alley in— tersections, shall be paid by special assessment to be levied upon the property -sepcially benefitted, to the amount thate the same may be legally assessed therefor, in accordance with 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 width olf the improvementd opposite street and alleys which run into, but do not cross said -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 moee against each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Smx per cent per annum. A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such imprvvement. Under no'circuxstances shall the City of South Bend be, or be held, responsibl for 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 certificates issued to said contractor in payment for such work, except for such moneys as shall have been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amenderrints and supplements thereto required to pay. all proceedings had, and work done in the making of said improvement, assessment of weo— perty, 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 Public Works fix the 22nd. day of September A. D. 1914 at the hour of 7:45_P.M. at the offf ce of the Board of Public W,)rks, of this City. as the time and place for the public consideration of said proposed improvement, at vdiich said Board of Public Works, will hear all persons interested, or wiose property is liable to be assessed for said improvement, and will decide whether the benefits to the property 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 27th., day of.Au­ust 1914 and on the 1st. day of - September 1914 in the South Bend Daily Tribune, Adopted this 25th. , day of August 1914. BOARD OF PUBLIC WORKS.' 4 Tue August 25th. 21914. Continued, i IMPROVEMENT RESOLUTION NO. 353. Report of the Board of Public Works of the City of South Bend, Indiana. Sewer, Water and Gas Connections on Diamond Avenue from Michigan Avenue to North line of Cushing Addition. TO THE HONORABLE COUNCIL. Gentlemen:- The Board of Public Works Herewith present its report for the following sewer, gas and water connections. BOARD )F PUBLIC WORKS. E. M. MORRIS President. RESOLUTION OF THE BOARD OF PUBLIC WORKS. On Motion duly made and seconded, the following preamble and resolutions were unanimously adopted: WHEREAS. This Board did on the 21st. day of July 1914 deem it expedient and of public utility to premanently improve Diamond Avenue between Michigan Ave. and North LIne of Cushingts'Addition, by paving the roadway of the same, and did on said date pass and adopt a resolution authoriting said permanent improvement, and, WHEREAS. The City E gineer has prepared arid' filed with this Board a re- port showing the number and location, as well as the material to be used and the manner of laying the same, of the service pipes, mains, conduits, laterals and con- nections which are, or will be necessary to accommodate the abutting property owners with gas, water, heat, steam or any other_ product for which any person, firm or corporation has been granted a franchise for supplying the citizens of the City of Sutth Bend, Indiana, mhich report is as follows: REPORT REFEPRED TO SHOWING. Dearcri.ption of real estate bordering on improvements. Part of No. of Name of Add. No. ft. Name of No. No. No. lot lot or sub. div, front owner ]gas water sewe Begin at the southwest corner of lot 24 A. H. Cushings Adddition, thence north 74-1/2 feet; thence east 34 feet; thence south to Michigan Avenue; thence northwesterly to the place of beginning. 74-1/2 Joseph H. Averyl 0 N. 35 ft. 24 A. H. Cushing Add. 35 Henry L. & M6llie S- 33 ft. 25 do do Swartz 35 George & Margaret l 0 N. 17ft. 25 do do R. Bilk 17 Robina L. Storey 1 1 0 0 -S. 17ft. 20 do do 17 do do N• 33 ft • 26 do do 33 Adelbert & Clara J. All 27 do do Dodge 50 Geo. B. & J. D. 1 0 E.1/2 Ex. N.94ft . 29 do do Beitner -104. 65 : Jesse & Amy E. 1 R S. 94 ft. of N. 94129 do do: Toney 1 49 Emanuel R,Jessie 0 N• 36 ft • 29 do do E. Rupley 36 Chas. P. & Zma 1 0 Ex.N.41-1/2 ft. 30 do do L. Creviston 1 41-1/2 Jennie T. Moomaw 1. 0 0 N.g-1/2 ft. 30 do do 9-1/2 R. T. Berlin 1 0 S•33ft• . 121 Cushing 5th. Add. 35 R. T. Berlin S.39-1/2 ft. 100 do do 39-1/2 William B. Boyd 1 0 4 7:� N. 10-1/2ft. `100 S.24-1/2 ft. 101 N.25-1/2 ft. 101 S.5-1/2 ft. 102 S.31' of N.41-1/2 102 N.13-1/2 ft. 102 S..19ft. 103 . N.31 ft. 103 All _ 104 All 105 " N.35ft. ill S.15ft. ill N.17ft. 112 S.33dt. 112 All 113 N.35ft. 114 S.15ft. 114 N.20 ft. 115 E.92 t ofS.35' 115 All 116 N.34ft. 117 S.16ft. 117 N.17ft. 119 S.33ft . 119 N.35 ft. 119 S.15 ft. 119 N.26 ft. 120 Cushings Sth. Add. 10-1/2 Frank & Ida Korn 1 0 .do do 24-1/2 do do do do 25-1/2 Frank B. Keller 1 0 do do 5-1/2 do do do do '31 Exchange Bakk of Wakarusa 1 0 do do 13-1/2 Anna King 1 1 do do 19 do do do do 31 Anna King 1 M do do 50 George McCague 1 0 do do 50 Robert V. Hoffman 1 1 do do 35 Emma 0rt . 1 0 do do 15 John Wagner & Kate Ginz 1 0 do coo 17 do i do do do do 33 James B.&Sarah A.Clemens 1 .0 do do 50 Anna M. Reye r 1 0 do do 35 George M. Krieghbaum 1 0 do do 15 Samuel M. Coulter 1 0 . do do 20 do do do do 35 Mary Ellen Darr 1 0 do do .50 William M. Starr 1 0 do do 34 John H. Myers 1 0 do do 16 Nola E. Taggart 1 0 do do 17 do do do do 33 Isaac B. & Catherine Showalter 1 0 i3o do 35 Hen jamin Skidriore 1 1 do do 15 Ceph Moomaw 1 0 do do 26 do do S.24ft. 120 do do 24 John & Mary Moomaw '1 0 N.17ft. 121 do do 17 do do do BE IT RESOLVED. That said report of said City Engineer be and is hereby adopted. And Be It Further Resolved, that it is contemplated by this Board to Im- prove Diamond Avenue from Michigan Avenue to N. line of Cushing's Addition, all in said City of South Bend, Indiana, by water, sewers and gas connections and that is it, and is hereby so declared, necessary for the Northern Indiana Gas & Electric Company, which has, .and operates under, a frnachise from said City to supply gas to the citizens of said City, to provide and install mains, laterals, service p pes and connections for gas in said part of said street of the description, location and number set forth in said report of said City Engineer, which mains,service pipes and connections are hereby declared necessary for the immediate use of said Company in supplying gas to the owners of property abutting upon said part of said street. Publication of the above held up until after March 9th.,1915. E. M. MORRIS A. H. RICE JOHN B. WEBER President.