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HomeMy WebLinkAbout09/01/1914 Board of Public Works Minutes479- Board met in regulat session at 10:00 A.M. All members present. Mr. R. W. Bingham, Representative of the Welsbach Street Lighting Co. /of America appeared before the Board in regard to a contract with the city for gas lights. No action was taken. In the matter of the assessment roll hearing on pipe sewer on Iroquois Street and 1st. alley north of North Shore Drive, Mr. W. G. Crabill appeared before /the Board, remonstrating against assessments on various lots. All action on the said assessment roll was deferred. until 7:45 P.M. this Ist. day of Sept.,1914.. In the amtter of the hearing on assessment roll for pipe sewer on- Parl.,ovash Avenue, ai_1 action was deferred until 7:45 P.M. this 1st. day of Sept.,1914. Permission was granted the Home Telephone Company to set an anchor north of the 1st. alley north of Lamonte Terrace on Forest Avenue in order to remove thei v1 wires from Leeper Park. Permission was granted the Indiana & Michigan Elec. Company to replace one 40 ft. pole on the northwest corner. of Marietta and Sample Streets, which was broken off, also to reset guy stub on the east side of Marietta Street,north of ✓ Sample Street jointly with the Central Union Tel. Company. Application for a permit to set a billboajrrd at 311 E. Jeff. Blvd by the Kale & Bryan Company was recommended by the Poe and wire inspector and a proved /by the Board. A remonstrance was received by the Board from property owners on Kline and Calvert Streets, remonstrating against construction of a sewer on said streets, and the same was read and placed on file. Mr. T. Beaning ,pole alid wire inspector, reported to the Board on ✓ billboard at Vistula Avenue and Ernsberger Street. The same was read and placed on file. Also the billboard at 447 Vistula Avenue. Petition filed with the Board Cor a street light at the corner of Sancome A venue and Van Buren Street. The same was referred to the Street Commissioner ,/ fdr investigation. Communication was received from the South Bend Home Telephone Company, stating that maps showing the underground and aerial cable leads had been filed in this City. The same was read and placed onnfile. Bond and contract for pipe sewer on Dubail Avenue from Carroll Street to Miami Street, under improvement re: olution No. 332. signed by De Peape & Coussens as p rinciapl and United States Fidelity & Guaranty Co. of Baltimore. Md. was approved by the Board. Bond and contract for pipe sewer on Calvert Street from Bowman Creek Trunk sewer to Witwer Avenue, under Improvement Resolution No. 330. sued by De Peape & Coussens as principal and United States Fidelity & Guaranty Co. of Balitmore, Md. was approved by the Board. 480 The following waiver was read and approved by the Board. WAIVE_R� To the Board -Of Public Works. 1 South Bend, Indiana. Whereas, the Board of Public Works of the City of South Bend., Indi.ana, did on the 29th'., day' of August,1914 adopt a' preliminary resolution for the improvement of Sunnyside Avenue from Jefferson Blvd. to a point 310 feet North of said Jefferson Blvd.2 in the City of South Bend., Indiana by grading and paving the roadway, also grading and paving the roadway of all intersecting and entering streets and alleys, lying within said portiob of said Sunnyside Avenue not included in the roadway to be improved with a Concrete Pavement seven (7) inches in depth. Placing the nec- essary marginal cement curb, curbing the roadway with cement curb where the same is riot already constructed. Also the construction of the necessary storm water in- lets, conduits and resetting dill manholes and inlets to the property grade. All as shown on the plans and in accordance with the profiles, detail drawing and speci- fications on file in the office of the Department of Public Works, And, Whereas, ire, the undersigned, are the only persons owning property on said street to be improved, and that we alone are affected in any way by said proposed improvement. That we are the sole ov�tners of the separate parcels of land bordering upon said street proposed to be improved. Therefore, in consideration that said Board of public Works proceed to improve said street as proposed in said resolution, and for the Further purpose of saving time and expense, we, the undersigned, do hereby waive all objection and defenses to any defect in said proceedings, and to any violation in procedure for the improvement of streets as fixed by Section 8710 or Burnst Revised Statutes of 1914. We further waive any right to object to the form of said resolution in that it does not name four different kinds of modern city pavements; and we further waive any°and all objections to the fact that no advertisement for hearing was published as required by law, and that no noices were mailed to the owners of property, and that no hearing has had by said Board. We also consent that sadd Board shall proceed to let the contract for doing said work in the following manner: - That they shall notify by mail responsible contractors in the City of South Bend, Indiana of said work to be dose under said resolution , and that they shall receive bids from said contractors for the doing of said work, and they shall let the contract for doing said work to the lowest responsible bidder. And we waive any objections to the action of said Board in letting said contract in a form and manner other than provided by said Section 5710. And we further consent that the cost of doing said work shall be ass- essed against the different parcels df real estimate oNAned by us as provided by Sectionsg7102g7llig71428715,5716297172£5715 of Burns Revised Statutes of 1914 And we further agree that notice given us by mail shall be smfficent _ notice of the hearing upon the assessments r_riade for said improvement. Given under our hands on the day and year first above mentioned. Z% C. BIRDSELL F. A. MILLER. President . 4 ! s Tuesday September lst.,1914.. Board met in regular session at 7:45 P.M. All members present. Hearing given or Condemnation -Resolution No. 35 for the opening of an alley between Notre Dame Avenue and St. Peter Street from Corby Street to Napoleon. Street. In the City of South Bend, Indiana. In the above matter remonstrators appeared but no written remon— strance was filed. The Board after being fully advised in the.matter decided to modi— fy said resolution to read as follows:— To opener an alley between Notre Dame Avenue and St. Peter Street from Howard Street to the ist_ . alley north of Howard Street, con— firming all former action taken on the same. - The Board therefore declares the above property in all things con demned and appropriated for public use2 the Board now orders that a list or roll be pre— pared -of all the owners or holders of property and of vaulable interests therein sought to be taken or to be injuriously affected, which said roll or list shall also describe the property beneficially affe cted. Hearing given on improvement Resolution No. 340 for curb and walk /,on Donald Street From Michigan Street to Main Street,in the City of South Bend, Indiana. Upon said hearing a remonstrator appeared and a remonstrance was filed. And the Board being fully advised in the premises, decides that the beiefits 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 said resolution as originally adopted, and the same is hereby in all things ratified, cdnfirmed and approved. Resodlu ed further, that notices be published on the . , day of March,1915 and on the d:}, day of March,1915 in a newspaper of general circulation in said City, stating that this Board will receive bids for the construction of said improve— ments up to 10:00 A.M. on the 6th., day of Apri1,1915. The Board reserves the right to reject any and all bids. In the matter of the hearing on pipe sewer on Kline and Calvert ,/ Street from Vistula .Avenue to Vernon Street, under Improvement Resolution No. 341. In the City of South Bend, Indiana. The Board having said matter under adivsement find that the remon— strance filed August 29th.,1914 should be sustained and that the resolution should be and the same is hereby and in all things rescinded. Hearing had on improvement Resolution No. 343 for pavement on Johnson Street from Michigan Avenue to Vassar Avenue, In the City of South Bend, Indiana. Upon said hearing remonstrators appeared but no written remon— strance 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 esti— mated 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 notices be published on the September 3rd.,1914 and September 10th.11914 in a newspaper of Feneral.circulation in said City, stating that this Board will receive bids for the construction of sadd improvements up to 10:00 A.M. on the 22nd. day of September,1914 The Board reserves t ,e rift to reject any and all bids. Communication received from the Indiana & Michigan Electric d Company with drmwving showing the distribution of 250 C.P.lamps also the same lamp with the proper reflector attached.) the same was read and placed on file. Tuesday September lst.,191a. Continued.. J Hearing had on improvement'Resolution No. 342 for curb and walk on South side of Fox Street from Miami Street to E. line of Demler's 2nd Addition. In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no remonstrance was filed. And the Board being fully advised in the premises, .decides that the benefits to property liable to be assessed fbr said improvements 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 salve is hereby in all things rati- fied, confirmed and approved. Resolved further, that notices be published on the 3rd day of September and on the 10th. , day of Septembcer,1914 in a nevispaper of general circulation in said City, stating that this Board will receive bids for the construction' of said im- provement up to 10:00 A.M. on the 22nd. clay of September,1914. The Board reserves the right to re feet any and all bids. The hearing of property owners interested in,the assessment for the con-- _ stru`ction of a' sewer on` Iroquois Street, Beginning at the intersection of the west fine I f said° street and the north li� e of -North Shore Drive;thence north to the south line of Angell. Street; thence west 150 feet; thence south to the north.line of North. S hore Drive produced westerly thence easterly to the place of beginning under Im provement Resolution. No. 239. 1913. having been continued until to -day, the same was considered by the Boarde nd all interested persons appearing were heard, and the Board modified the assessments as shown by said primary assessment roll by increasing certai certain assessments and by decreasing others, all as appears by the modified assess- ment roll written in red and attached to the original or primary assessment roll, and Solon D. Rider appeared in person and waived all objections to the amounts assess- ed against property owned by him, and consented that all his property should be asses& ed as shown by said modified assessment roll. And the Board now finds that the several parcels and lots of land as assessed in said modified assessment roll are specially benefitted in the amounts ass - assessed against them in said modified assessment roll. And the Board now approves and confirms in all things saiN assessment roll as above modified. The hearingpoi ro erty owner int resW, in the tssessient fOr Ve con— struction of a sewer on arkovapsh Venue from Lafa e to Stree to roquois reet, under Improvement Resolution No. 259. having been continued until to -day, the same was considered by the Board and all interested persnns appearing were heard, and the Board modified the assessments as shown by said primary assessment roll by incerasing cer- tain assessments acid decreasing others, all as appears by the modified assessment roll written in red, and Solon D. Rider appeared in person and waived all objections to the amounts assessed against property owned by him, and consented that all his property should be assessed as shown on said modified assessment roll. And the Board now finds that the several parcels and lots of land as assessed in said modified assessment roll are specially benefited in the amounts assessed against them in said modified assessment roll. And the Board now approves and confirms in all things said assess- ment roll as above modified. Assistant City An.gineer Willam Graves presented a report on the petition filed with the Board on Aug ust 2.5th.,1514 for a sewer on Niles Avenue from Sorin Street to Corby Street. All action on the same was deferred until September £nth. ,1914. at 10: 00 A.,M. Assistant Engineer Wiliam Graves presented a, report on petition. filed with .the Board on Colfax Avenue pavement from Walnut Street to Birdsell Street. The same was read and placed on file. Pole and wire inspector Thos. Beaning made a report on application for permit to erect billboard on site of old billboard on Michiga., Ave. near La Salle Ave.. on the Prast Property by. the South Bend Billposting ComparW, The same was read and placed on file. And the Board ordered that the South Bend Billposting Company be notified to comply with Ordinance No.1674 in the erecting of billboard at this point, also as this is in a residence locality, the same is not far enougrit back from the street, also it is contrary to the ordinance to have billboards boarded up at the bottom. Partial estimate allowed Stewart -Sheets Company, contractors on the Bowman Creek Trunk sewer for the amount of, ........................................ $47739-32 Permission was granted the Chicagg ,South Bend & Northern Indiana Ry. Company to set one wood pole on the north side of North Michigan Street at the intersection of ✓ North michigan Street and the alley between Colfax Avenue and La Salle Avenue, this was approved temporarily, same to be replaced with an iron pole at the time of the completion of the new building now being constructed at this point. Communication received from W. Kinglsey Brown, relative to dust cloths. The /same was read and. placed on file. LOCAL SEWER IMPROVEMENT RESOLUTION NO.357. 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 holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral drains, be and the same is, herety ordered in and along @berry street from Washington avenue to the first alley south of 4efferson boulevard, to -wit: - Beginning at the intersection of the center line of Cherry Street and Washington Avenue; thence south on the center line of Cherry Street to the center of Jefferson Boulevard with a 15 inch vitrified pipe sewer; thence still south along the center of Cherry Street tonthe first alley south of Jefferson Boulevard with a 12 inch vitrified pipe sewer. Together with the necessary manholes, inlets, conduits and house connections to the curb line along the line of said improvements. 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, and said sewer, with all its appurtenances shall be constructed in accordance with the profile and spei ifeations now on file in the office of the Department of Public Works of said City. The cost of said improvement shall be apportioned against and paid by the property holders whose property abuts there -on, and upon the City or South Bend if the City is benefited by said improvement, all according to the method and manner provided for in Act of the General Assembly of the State of Indiana, entitled An Act Concerning Muncicipal Corporations," approved March 6,1905. Assessments, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Six per cent p= r annum. A bond or bo ids shall be issued to the contractor in payment for such v:ork, unless the property owners pay said assessments before said bond or bonds are issued. Under no circumstances shall the City of South Bend be or be held resphnsible for any sum or sums due from said property owner or owners for said work, or for the collection of same, or for the payment of any bond or bonds, certificate or certificates, issued to said contractor in payment forsuch work, except for such moneys as shall Have been actually received by the City from the assessments for such impm vement or such moneys as shall have been actually received by the City from the assessments for such improvement, or suclkmoneys as said City is by said above entitled Act required to pay. All proceedings haCT1, and work done in the making of said improvement, ' assessrient of property, collections of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act-., Notice os this resolution shall be published on the 3rd. day of September 1914 and on the 10th. day of September,1914 in the South Bend Daily News -Times. This Board will give a hearing on this resolution at its office in the City Hall on the 29th., day of September,1914. at 7:45 P.M. Adopted this Ist. day of September1914 BOARD OF PUBLIC VsTORr S. Contract for the water co ,nections on Sherman Avenue from Michigan Avenue t south end of said Street (or Oak Street) was awarded to W. H. Burke for the amount of $216.90 President.