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HomeMy WebLinkAbout05/04/1915 Board of Public Works Minutes64-t'-3 Tuesday 'Mav 4th.,1915. Board met In regular session at 10:00nA4114. All members present. Bids were received, opened and read for the relaying of the pipe- sewer on CherrqStreet from Washington Avenue to the first alley a9uth of Jefferson Ave, under ImprovemOnt Resolution No. 357- In the City of South Bend2 Indiana. The same were. referred to the City Civil Engineer for tabulation to be reported on at m�--eting to be Meld Tuesday May 4th.2 1915 at 7:45 P.M. Mr. Hubbel Attorney for the Michigan Central Ry. Company and Mr. /Hill Div. Engineer, appeared before the Board in'regard to the vacation of an alley Original Plat of Lowell along their right of way* Also Mr. Staples of Staples -Hildebrand Co.,, Mr. S.C.Lontz and Mr. V.A. Rogers appeared before the Board in interest of same. and.the following petition was filed. PETITION. South Bendq Ind ..Islay 3,,1915- /TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEN.D3,INDIATTA. Gentlemen: - We, the undersigned owners of and tenants i1pon the lands abutting upon the alley hereinafter described, petition your honorable body to vacate a certain alley in said City in the Original Plat o,.? Lowell,, more particularly described as followssto-wit;- "Beginning at the north east corner of lot number Forty (40) in the Original Plat of Lowell, thence West along the north line of- said lot Number Forty (40) to the East Race; thence north .fourteen (14) feet to the south line of Lot Number Thirty Nine (39) in said Original Plat of Lowellq thence East along said south line of. said Lot Number Thirty-nine (39) to the west line Of Emerick Street, thence South Fourteen (14) feet to the place of beginning." YOURS respectfully, Michigan Cent.R.R. Co. By C.C.Hill Act.Div.E4gineer. Niles.Mich, S.C.Lontz & Sons.D.R.Lontz South Bend, Ind. Staples -Hildebrand Co. By guy Staples. South Ben$.d, Indiana. WAIVER., South Bend, Ind. May 411915. ,PTO THE HONORABLE BOARD OF PUBLIC WORKS. OF THE CITY OF SOUTH BEND9,INDIANA. WHEREAS, the Michigan Central Railroad Company and others heretofore filed before this Board.a petition that this Board vaeate.a certain alley in the Original Plat of Lowell, moreparticularlydescribed as 'follows:@ "Beginning at the North East corner of lot Number Forty (40) in the Or1ginal Plat of Lowell, thence west along the Noth line of said lot Number Forty (40) to the West Race; thence North* Fourteen (14) feet to the South line of Lot -Number Thirty-nine (30) in said Original Plat of Lowell,thence East along said Sufth line of said lo>> Number Thity-nine (39) to the West line of Emeriek Stre.et,thence South Fourteen (14) feet to the place of begInning."and WHEREAS, the undersigned Michigan Central Railroad Company owns all. the property abutting on said alley and ovras all the property that can be in any way'.affe*ted by the vacation of -said alley: THEREFORE, in consideration that said Board_ of Public Works proceed to vacate said alley as prayed in said petition, and for the further purpose of saving time and exepense, we, the undersigned, do hereby waive all objections and defenses 'to any and defect in said proceedings and hereby waive the notice and publication of notice provided by Section 9700 of Burnsf Revised St&tutes 1914; or any other Statute to be given of the adoption of the Original resolution vacating said alley described herein, and further waive notice and. service of notice showing the assessment or award of benefits and damages required by Statute, particularly referring.to Section 5702 of Burnsy Revised Statutes 1914. We also waive all right to remonstrance with regard toNour awards or assessments and waive the fixing of a day for hearing remonstrances as provided by Section E5702 of Burns( Revised Statutes 1914. We further expressly waive all notice, service -of notice and publication of notice provided by statute in connection frith the,proceedings to vacate said alley, and consent to the vacation of same without notice, and waive all, claims for damages by reason thereof. MICHI. CENT. R.-R. CO. - NILES MICH. S. C. LONTZ & SONS BY D. R. LONTZ SOUTH BEAID INDIANA. STAPLES-HILDEBR-! ND CO. The follow4 rig By Guy Stap less The following Vacation Resolution was adopted. VACATION RESOLUTION NO. 24,1915. Resolved bu the Board of'Public Works of the City of South Bend, Indiana. That it is desirable to vacate the following THE FIRST AjLEY NORTH OFC OLFAX AVENUE FROM EMERICK STREET TO THE EAST RACE as follows,to-wit: Beginning at thenorth east en-ner of lot 40 Original Plat of the Town of Lowell now apart of the City of South Bend, Indiana. Thence west along the north line Qf said lot 40 to the East Race thence north 14 feet to the south line of 39 in said Plat; thence east along the south line of said lot 39 to the west line of Emerick Street; thence south 14 feet. to theplace ofbeginning. The following property may be injuriously or beneficially effected by such vacation: -Lots numbered 39,39,40,41 and F1 rods off east end of lot 42 Original Plat of Lowell now a part of the City of South Bend, Indiana, Owned by Michigan Central R. R. Co. o Except 9 rods off east end of lot 42 in said Plat owried by Will G, Crabill. The above property is leased by Staples -Hildebrand Supply Co. Samuel C. Lontz & Sons William F. Martin and Frank J. Si°igler. Notice of this resolution shall be published on the 6th. day of May,l* 1915 and on the 13th. day of May,1915 in the South Bend Daily Tribune. This Board at its office in. the City Hall on the 1st. day of June 1915 at 7:45 P.M.. will hear and reeeivefk remonstrances from all persons interested in or a rected by these proceedings. Adopted this lath. da,.Iof May,1915. BOARD OF PUBLIC WORK& Mr. Albrigi.t, appeared before the Board and stated that he was• Junable to locate sewer tap on Prt of lot 32 Denniston and Fellows Add. at 121 E. Tutt Street. The Board decided to rebate to the property owner the sum of $11.00 paid for the tap when sewer was constructed on this street. Mr. E. Lours Kuehns appeared before the Board_ relati a to constructing a pipe sewer on Jacob Street from Jefferson Blvd. to Washington Street, on private contrast. The Board granted the same, providing Mr. Kuehns would sign a waiver. Clerk instructed to prepare waiver for Mr. Kuehsn to sign. 645 Mr. H. N. Barnes appeared before the Board relative to paving the alley intersection east of Micidigan Street on Division. The Board informed him to do so. Ikrs. Wiiheim' ina Kallies appeared before the Board and filed eomplaint against Stewart Shcets Company in regard to damage to lots "AC and 32 Oak Park 1st. Add.account off' removing 'dpple and plum trees, grapes and' strawberry ' bed:s at $40.00 The following communication was received from the City Attorney. April 3021915.. Board. of Public Works,, South. Bend., Ind. Gent leme Your Cierk has referred to me for an opinion the contract tendered by the 'Achipgan Central Railroad Company, whereby the company proposes to support its tracks for . the construction of the Leeper Avenue sewer upon the condition that the City re—imburse the company for the expense incurred. In my ppin.ion,' the City 'is not required by law to re—imburse the company for any such expense. All pipes, rails or structures placed on .or aeross city streets under a general grant to use the streets are subject to the paramount power.and duty of the City to repair$ alter and improve the streets as the City in its discreation may deep proper, and to construct therein sewers and other improvements for the public benefit.. This pager forms. a part of the police porker of a municipality. The decisions hold that the grantee of a 'franchise had no cause of action: for .any damage which it may sustain by acts of the City in.reasonably performing its duty in these respects. If .the company vrFill not provide support for its tracks, you would have the power to go under the trac#s and serious question might arise as to whether the City could collect from .the railroad company the expense of supporting its tracks if the company sloes not `so support them. However, I believe that there is a provision in its franchise ahich is broad enough to perr-it the City.to colgect this cost. ` Yours very truly, E.F.SEEBIRT.- The City Civil Engineer filed the following repobt. Board of Public Works, City of. South Beni'., Indiana. Gentlemen: — Regarding the attached contract presented by the Michigan Central Railroad Compa fo» supporting their tracks at Pokaon-St.; will say that this is the customary con— tract where there is no street crossing the railroad tracks, which is the case here. I think Mr. Seebirt understood there was alrearl a street crossing the railroad at this point. I would advise having the Railroad Co. file an estimate cost for supporting their tracks. Very truly, VK. S. MOORE, Mr. C.C. Hill Act. Div. Engineer for the Michigan Central Ry. Company, Mr. Hutabel,Attorney for said Company and Ialr. V.A. Rogers their Agent in this City -appeared before the Board and informed the Board if the sewer on Pokagon. Street vas put through under their tracks on Sunday, ^ there would be no expense to the City for the Supporting of their tracks. Same was agreed to by the Board. Plat of Stull's Sixth Addition to the City of South Bend, Indiana. was approved. by the Board. 6 4(3 1g15. Continued, The City Civil Engineer filed the',following reports. Estimated cost on Pipe sewer improvement in Dale Avenue From Dubail Avenue to Dayton Street at.....................................................305.50 Bstiffiated eott of Macadam Pavement on Tecumseh Avenue from Wakewa Avenue to Pokagon St ✓ at...................................................................45,854.00 1 City Civil Engineer filed fallowing report. Regarding the attached plat of Stull's Sixt)t Addition. I beg to report that I have investigated the plat and find it correct and, therefore, recom- mend that it be approved. Very truly, WM.S.MOORE City Engineer. Petition filed for the Opening of Scott Street from Sample Street'to ✓ T.H.&L.Ry. and St. Joseph South Bend & Southern R.R. The same was read and ref- ferred to the City Civil Engineer for investigation. To the Hon. Board of Public Works of the City of South Bend, Indiana. Gentlemen: - Regarding the request of Andrew Rokop asking that the Alley lying north of and adjoining lots 1E,17 and 19 in Swygart's Third Addition be vacated and re- located as shown by the attached blue print. Respectfully report that I have investi- gated said matter and recommend that the request be granted.. Very truly Yours, 1m. S. Moore. City Engineer. Clerk instructed to notir, Mr. Rokop to give deed to the City for the alley he wishes f to be opened and sign waiver for one to be closed. The following bid.: was received from C. H. De Frees. Board of Publics Works South Bend,J Ind. Gentlemen:- a I propose herewith to improve North Hichigan Street from the Forth Michigan Street Bridge to Foote Street as follows Asphaltic Concrete $1.40 per sq. yd. Sheet Asphalt 1.50 per sq. yd. Concrete over present ' brick pavement . 7. GO per cu. yd. All work to be done in a first class and workmanlike manner and to the' entire satisfaction of the City Engineer. Respect full lysubnitted, C. H. DE rMES. The above bid is accepted with the understanding that all concrete foundation less than five 5 inches in thickness is included in price of $1.40 per sq. yd. City to pay $7.00, per cubic yard. Excavation bond for the sum of One Thousand (91,000.00)Dollars signed J by Delbert McNabb as prinicipal and London & Lancashire Guarantee & Aedident Company as sureties, was approved by the Board. n ` City. Cemetery Sexton Geo. M. Urey, filed with the Board a financial J report up to May lst.11915. The same was read and placed on _File. 647 Tuesdav Mav 4th..1915.'Continued. The City Civil Engineer reported on the petition for the walk grid curb v/a d grading of Leeper Avenue from Howard Street to Anbella Avenue. and recopmende-d that the petition be granted. The Board ordered that a resolution Be prepared. far same. STREET OR AGLFY IMPROVEIENT RESOLUTION NO. 390. Be It Reslved by the Board of Public Works of the City of South /Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve Michigan Street from Foote Street to the south tied -of the Michigan Street Bridge also intersection at north end of Miehigan Street Bridge, as follows, to -wit: - By re- surfacing the roadway, also resurfacing the roadway of all intersecting and entering streets and alleys lying within, saidnportion of Michigan Street with ASPHALTIC MACADAM'' Placing the necessary magginal cement curb, curbing the roadway with cement curb where same is not already constructed. Also the construction of the necessary storm water inlets and 'conduits. All as shown on the plans and in accordance with the profiles, de- tail drawings and specifications on file in the office of the Department, of Public Forks of the City of South Bend, Indiana. The cosh of the iprovement herein provided for, except street and alley intersections, shall be paid by special assessment to be levied upon the property ;specially benefited, to the amount that 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 Corporation_, " approved March 6,1905, and in accordance with and in 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 of the improvement opposite street and alleys which run Into, but do not cross said roadway herein proposed to be ip-proved 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 apid by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessmentpto be levied under the provisions of Sec- tion 106, of the above entitled Act. Assessments of ten dollars and fore against each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Six per ce-nt per aunum. A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such improvement. ° Under no circumstances - shall the City of South Bend, be, or be held responsible for aiWn.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 :coneys as shall ave actually beam received by the City from the assessments for such improve- ment, or such moneys as said City is by said entitled Act and amendments and supplemnts thereto required, to pay. All proceedings had, and work done in the making of said improve- menS;, assessment of property, collection of assessments and issuance of bonds ..herefor, shall be as provided for in said above entitled Act, &nd Acts amendatory thereof and supple- mental thereto . BOARD OF PUBLICC T RKS. It is agreed betwen two property aw�ers Park Board by Richard Elbel and Chicago, South Bend and Northern Indiana Ry. Company by C.D. Emmons ihterested in the above improvement to file a waiver with the Board against publishing for a hearing or for bids. Complaint filed against Stewart -Sheets Company for broken. sidewalk Vlon lot 261 Bowman Addition% by John Doering. Hearing on Division Street pipe sewer from Meade Street to Olive Street, under Improvement Resolution No. 358 was deferreduntil June gth..,1915 at 7.45 ,F rXZ LOCAL SEWER IMPROVEBAENT RESOLUTION N0. Resoved by the Board of Public darks of the City of South Bend, County of iSt. Joseph, State -of Indiana, That the construction of a local sewer, intended and adaptd adapted only for local use, by the property holders whose property abuts thereon, and not intended or adapted for reeeving sewerage from collateral drains, , be end the same is, hereby ordered in and. along Jacob Street from Jefferson Boulevard to Washington Avenue as follows,to-wit:- Beginning at the center lin.e,of Jefferson Boulevard and Jacob Street; thence northerly along the center line of Jacob Street to the center of Washington -Avenue with 10 inch vitrified pipe sewer.. Together with the necessary man- holes, inlets, conduits and house connections to the curb line along the line of said f. t improvement. All as shown on the plans, and in, accordance with the profiles and detail drawing and specifications on file in the office of the Department of Public Works of the City of South Bend, Indiana, and said sewer, with all its appurtenances shall be con- structed in accordance with the prdfile and specifications nvw 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 thereon, and dipon said City of South Bend if the City is beneffted by,said improvement, all according to the method and manner provided for in Act of the General Assembly o the State of Indiana, ."entitled. "An' Act Concerning Municipal Corporations," approved Ietarcl3 6,1905. Assessments, if deferred, are to be paid in ten equal annual in.stallmehtd., with in- terest at the rate of Six per cent per annum. A bond. or bonds shall be issued to the contractor in payment for such w rk, unless the property owner pay said assessments before said bond or bonds are issued. Under no circumstances shall the City of South Bend be or be 'yield responsible for any sum or sums due fry 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 for such w rk, except for such .moneys as shall have been actually received by the City from the ,assessments for such improvement, or such_ moneys as said City is by said above entitled Act required to pay. All proceedings had, and work done in the making of said improvement, . assess - meet of property, collections of assessments and issuance of bonds therefor, shall be as_ provided for in said above entitled Act. is BOARD OF PUBLIC VORKS. k: It is agreed between property owners Mr. E. Louis Kuehrs interested in the above improvement to file a waiver with the -Board against publishing for hearing or for bids. WAIVER TO THE BOARD OF PUBLIC M RKS, SOU TH BFND 3 Il3DIANA. WHEREAS, the Board of Public Works of the City of South Bend,Indi= na, did en the 4th. of Ma.y,1915 adapt a preliminary resolution for the improve nt of resurfacing No. Mi St.. from Foote St. to South end of the Miehigan St. dge also at north end of intersee of Michigan Street Bridge in the City of Sou end, Indiana. by'resurfacing the roadway so resurfacing the roadway of all inte eating streets and alleys,lying within said portio -af said street net included A e roadway. to be improvd with &,,Asphaltic concrete pavement\ ve inches in depth. sing the necessary marginal o cement curb, curbing the roadway with meat curb wher ame is not already constructed, Also the construction of the necessary st water lets, conduits and resetting all manholes and inlets to the proper grade. All own on the plans and in accordance with \, the profiles, detail drawing and specifieat' s le ip the office of the Dept'.of J Publie Works. And where,, we the undersi d, are the . ly, persons owing property on saidstreet to he ip-oved, and that we al are affected in a ay by said proposed improve- ment, that we are the sole owner of the separate par celf; of d bordering upon said Ste proposed to be improved, Th fore, in consideration that said Bo d of Public Forks pro- ceed to improve said st et as proposed in said resolution, and for a further purpose of saving time :end - ease, we, the undersigned., do hereby waive all o 'eeti an and de- fenses to any de at in said propeedings, and to any violation in procedu for the im- provement of Bets as fixed by Section F)'710 of Burns Revised Startutes of 1 4.We fur- ther waive ny right to object to the farm of said resolution in that it :•does-_n..' name fm our di` yerent kinds of modern City -pavements; and tie further waive any and. all objection t the fact that no advert i se-ment for hearing wt.,s published as required by law, , ?nd that Board met in regular session at 7:45 P.M, All members present. Haring had on Improvement Reso lut ion 40. 370 for the Pavement on Vassar Avenue from Riverside Drive to Portage Avenue. In the City of South Bend, Indiana. Upon said hearing no.,remonstrators appeared and no remonstrances were 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 said resolution as originally adopted., and the same is hereby in all things ratified, con— firmed and approved. Resolved further, that notices be published on the 6th. day of May,1915 and on the 13th. day of May,1915 in a newspaper of general circulation in said City, stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. on the 25th. day of May,1915. The Board reserves the right to reject any or all bids. Hearing had do improvement Resolution No. 371 for t:1-1e sidewalk and curb r/on SOtLth Side of Broadway from Main -Street to Franklin Street, In the. City of South Bend, Indiana. Upon said hearing remonstrators appeared and .re,monstranced. against the construction of this improvement this year. And the Board after due consideration decided to defer all action on said improvement until May 1st.,1916 (Cards to be sent out to propety owners in time for hearing: ) Hearing had on improvement Resolution No. 365. for the Pavement on 1st. a i ley East of St. Joseph Street from Wayne Street to lst. alley south of Wayne Street In the City „of South Bend,, Indiana. Upon said hearing remonstrators appeared and a: remonstrance was filed. The Board after due consideration decided to defer all action until Tuesday May llth. 1915 at 1; 45 P.M. Hearing had on improvement Resolution No. 372. for the pipe sewer on Bowman Street from Bowman Creek.Trunk sewer to a point 130 ft. east of east line of MiE_ligan Street.' In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and an remonstrances were 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 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 6th. ray of May,1915 and on the 13th. day o4-May,1915 in a newspaper of general circulation in said City, stati g that this Board will receive biers for the construction of said improvements up to 10:,00 A.M. on the 25ith. day of May,1915 The Board reserves the rigit to reject any and all bids. Hearin; had a improvement Resolution N0369. for,pipe sewer on. Fellow Street fr-m Dubail Avenue to,lst. alley south of Dubail Avenue, In the Cite of South Bend, Indiana. Upon said hearing no remonstrators appeared r.nd no remonstrances were filed. And the Board being fully advised in the premiises,=' decides that the benefits to property liable to be assessed for .said improvement are, gqual 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 notices be published on the 6th. day of May, 1915 and on the 13th. -day. of -May,1915 in a newspaper of- general circulation in said City, stating that -thin Board will receive bids for the construction of said improvement up to 10:00 A.M. on the 25th. day of May,1915. The Board reserves the right to reject any and all bids. stay May 4th.,1915. Contiuued. The following ivaiver was filed. W A I V E Ro TO THE BOARD OF PUBLIC WORKS, SOUTH BEND,INDIANA. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, did on the 4th. day of May 1915 adopt a preliminary resolution for the im- proverrient o,f Resurfacing 'North Michigan Street from Foote Street to South End of the Michigan Street Bridge also at north end of intersection of Miehigan Street bridge in the City of South Bend2,Indiana by resurfacing the roadwaysalso resurfacing all inter secting streets and alleys, lying within said portion of said roadway not inalluded in the roadway to be ircproved with Asphaltic Concrete pavement five (5) inches in depth Placing the necessary marginal cement curb, curbing the - roadway with cement curb Thpre same is .not already constructed. Also the construction of the necessary storm water inlets, conduits and resetting all manholes and inlets to the proper grade*, All as shown on the plans and in accordance ith the profiles, detail drawing and specifim-tions on file in the office of the Department- of Public Works, And, Where, we the undersigned, are the only persons owing property on said street to be improved, and that we alone are affected in any way by said peo- posed improvement. That we are the sole owners of the separate parcels of land bordering upon said street proposed to be impr%3red. Therefore, in consideration bhat said Board of Public Works pro- ceed to improve said streetas proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all pbjection and de- fenses to any defect in said proceedings, and to any violations in procedure for the improvement of streets as fixed by Section 9710 or Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution in that it does not name f9ur different kirlds of modern City pavements; and we further waive any and all objections to the fact that no advertisement for hearing was published as requtrqtd by law, and that no notices were mailed to the owners of property, and that no hearing was had by said Board. We also consent that said Board shall proceed to let .thecontract for doing said work in the f)llowing manner}, That they shall notify by mail responsible contractors in the City of South BendtIndiana, of said work to be done under said resolution,, and that they shall receive bids from said contractors for the doing of s ' aid work, and they shall let the contract for doing said work to the lowest rasponsible bidder, And we waive any objection to the action of said Board in letting said contract in a form and moaner other than provided by said Section 9710- And we further consent that the cost of doing said work shall be assessed against the different parcels of real estate owned by us as provided by. Sections g7lO2g7llpg7l498715v8716];F,71728719 of Burns Revised Statutes of :L914. And we. further agree that notice given is by mail shall be sufficient notice of the hearing upon assessments made for said impnvvement. It is understood that this agreement is to apply to street IRY. Co. only as paving between rail and outside of rails as provided by Ordinance. Given under our hands on the day and year first abovemantioned PARK BOARD BY RI CHARD ELREL,,Pres. C11ICAGO1,SOUTH B ' END & NORTHeRN INDIANA RY. CO. By.C.D.SONS, E;'1 Tuesday May 4th.-,1915. Continued. STREET XND ALLEY IMPROVE+IENT RESOLUTION NO. 391. #% Be It Resolved by the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to ivtprove Hamden Court from .La Salle Avenue to the First alley north of La Salle Avenue as follows,to—w~i.t By grading anad macadamizing the roadway with a Water Bound Macadam Pavement eight (9) inches in depth from the north line of La Salle A venue to the first alley, north of La Salle Avenue. Placing necessary marginal cement curb, curbing the roadway with cement* curb vuftere not already constructed. Also the construction of the necessary stop Ater inlets and conduits. All as shown on the plans and in accordance with theprofile and de— tail drawings on file in the office of the Department of Public Works of the City of South Bend, Indiana. The cost of the improvement herein provided for, except street and alley inter— sections, shall be paid by special assessment .to be levied upon the property specially bne— fitted, to the amount that the same may be legally assessed therefor, in accordance with an Act of th a General Assembly of the State of Indiana, entitled. " An Act Concerning Munic— pal Corporations," approved March 6,19@5, and in accordance with and. pursuant to the provi— sions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one —halt' of the width of the improvement opposite street and alleys, Vvhich run into, but do not cross said roadway herein, proposed to be improved and that portion of said 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 10F of the above ex — titled Act. a Assessments of Ten dollars and more against each lot, if deferred, are to be paid in ten equal annual installments with interest at the rate of Six per cent per annum. A bond or bonds will be is -sued to the contractor to the amount of such deferred assessments in pro rata payments for such improvement Under no circumstances shall the City of South Bend be, or be held responsi— ble for any sum of sums due from said property owner or o .ers for said work, or for the collection of the same, or for the payment of any bond, bonds, certificate or certi— ficates, issued to said contractor in payment for such work, except for Such moneys es shall have actually been received by the City from the assessments for such improvement,or such motleys as said City is by said entitled Act and amendements and supplements thereto required to pay.. All proceedings. had, and viork done in the making of said improvement, as: essment ff property, collection of assessments and issuance of bonds therefor, shall be as 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 Ist. day.of June,1915 at the hour of 7:45 P.M. at the Office of the Board of Public Works, of this City as the time .and place for the public consideration ,of said proposed improvement, at which said Board of Public Works will hear all persons interested, or Y. ose 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 cast thereof. BeIt Further Resolved, That notice of the time end place of such public consideration be published and mailed in the manner provided by law. Notice of this resolu— tion, shall be published on the 9th. day of May,1915 and on the 15th. day of May,1915 in the South Bend Daily Tribune. Adopted this 4th. day of May,1915 . BOARD OF PUBLIC Vi RKS. Contract for pipe sewer an Ckerry Street from Washington Avenue to lst. alley South of Jefferson Blvd, was awarded to Hoban and Roach for the amount of 564.00 Mr. D. C. Layton, St. Commissioner appeared before the Board relative to the purchasing of Street signs. The Beard instructed Mr. Layton to write to the sign companies and get prices. CO DEMNAT ION RE SOLUT ION NO. 37-1915. Resolved by the Board of Public Works of the City of South Bend,Indiaha: That the following . described property be apprpriated for the use of said City: Begin at south east earner of let 37 Original.Plat of Lowell now a part of the City of South Bend;,thence west along the south line of said lot 37 to the easterly line of the East Race; thence scut. 16 feet; thence east parallel with and 16 feet douth of the south line of said lot 37 to the wedt line of Emerick Street; thence north along.the west line of Emerick Street 1E feet to the place of beginning. The following described property may be i�njurieusly or beneficially affected by such appropriation: Lot 37 Original -Plat of Lo :f..11 now �& part of the City of South Bend, Indiana. Owned by Augusta Sulgl, Hannah Talbot, Gaylord H. case, and Philip P. Quinlan, T.. F. Berkley end Julia Hoban. ' Lot 3S Original Plat of. Lowell now a .part of. the City of South Bend.* Indiana. Owned. by the Michigan Central R.R. Co. The purpose of such appropriation is for the opening of an alley. Notice Of this resolution shall be published o-n the 6th. day of May,1915 and on the 13th. &-y of May,1915 in the .South Bend Daily Tribune. Thj.s Board, at its office in the City Hall on. the 1st. dray of June,1915 at 7:45 P.M.. will hear and receive remonstrances from all persons, interested in or affected by these proceedings. Adopted this 4th..day of May,1915. BOARD OF PUBLIC, T s1ORKS. Mr. Hubbel, attorney for the Michigan Central Ry. Company with Mr. C.. C. Hill, Acting Dili. Engineer appeared before the Boardan.d filer the i0 flowing waiver. WAIVER. -I South Bend,Ind. May 4th. 1915 . • J TO THE HONORABLE BOARD OF PUBLICWORKS, OF THE CITY O Y SOUTH_�:'BEND, INDIANA. r VHEREAS, the Michigan Central Railroad. Company and others heretofore filed before thtis Board -a petition twat this Board open. a certain alley in the ' Original Plc:.t of Lowell, more particularly described as followO Begin at southeast corner of lot 37 ' Original Plat of Lowell now a part of the City 'of South Bend,Indiana; the -nee west along the south line of said lot 37 to the easterly line of the east Race; thence south 16 feet; thence east parallel with and 16 feet; south::of, the south line of said lime of said lot 37 to the west line of Emerick Street; thence north along the west line of Emerick Street 16 feet to the'place of beginning. WHEREAS, the undersigned Michigan Central Railway Company owns all the property abutting on said alley and awns all the property that can be in any way af- fected by the opening of said alle;r' THEREFORE, in consideration that said Board of Public Works proceed " to open said alley as prayed in said petition and f"dr the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections and defenses to any defect in said proceedings and hereby waive the'notice and public- ation of notice provided. by Section. 9700 of burnalb Revised Statutes 1914, or any other Statute to be given of the adoption of the Original resolution opening said alley descri.bed herein. , and further waive notice and service of notice showigg the assessment or award of benefits and damages required by Statute, parti.eularly referr- ing to Section 9702 of Burns? Revised Statutes 1914. 6.5: We also waive all right to remonstrance with regard to our awards of assessments and Nmai ve the fixing of a day for hearing remonstrances as provided by Section. 9702 of Burns' Revised Statutes 1914. a We further expressly waive all n<)tice, service of'notice and publication of notice provided by Statute in connection w1th-the proceedings to open said alley, and. consent to the opening of same without notice, and .waive .all claims for damages by reason -thereof:, 1,1 Micndgan Central R.R. by C.C. HILL, Act..Div. Engr. Niles, Mich. The f�_,llowing waiver was signed by Ids S. Kuehns and Helen S. Henderson and E. Louis Kuens. WAIVER. ✓TO THE BOARD OF PUBLIC WORKS, South Bend, Indiana. SOUTH BEW.. .) IND. May 4,1915. WHEREAS, the Board of Public Works of the City of South Bend, Indiana did, on the 4th. day Of Ma,y,1915 adbpt a preliminary resolution for the improvement of Jacob St. from Jefferson Blvd. to Washington Avenue, In the City of -South Bend, Indian by construction of sewer, also grading and paying the roadway, also constructing cement walks. Placing; the necessary marginal _cement curb, curbing the roadway with cement ,:curb. Also the construction, of the necessary manholes, and inlets water inlets, conduits a:nd.resetting all manholes and inlets to the proper grade. All as shown: on the plans, and in accordance with h theprofiles detail drawigs and specifications on file in the office of the department of Public Works. And Whereas, we, the undersigned, are the only persons owing property on said street to be improved, and that we along are affected in any way by said proposed improvements.- That we' are the sole owners of the separate parcels of land bordering upon said 'street proposed to be improved. Therefore, *n consideration that said Board of Public Works proceed is 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 defense to any defect in said proceedings, and to any violation in procedure for the improvement of streets as find by: section 9710 of Burns Revised Statutes of 1914. We further waive any right t4 ob jebt 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 a 1 ob jectione to the fact that no advertisement for hearing was published as required by law, and that no notices were mailed to the; owners of property and that no hearing was had by said Board. We also consent that said Board shall proceed to let the contract for doing said -work in the f011ewing manner, by private contract by parties interested. That they shall notify by mail responsible contractors in he City of Souh Bend, Indiana, of said work to be done under said resolution, and. that they shall receive'bids from said. contractors for the doing of said work, and t_iey shall let the con— tract for the doing of ss i 7�,ork to the lowest responsible bidder. And we waive any objection to the action of said Board in letting said contract in a form and manner other than prov— ided by said Section 9710. And vie further consent that the cost of doing said work shall be assessed a ainst the dif-rerent• parcels of real estate awned by us as provided by Sections 9710,8711, 5714,9715,57i&1,87l7,o8718 of Burns Revised Statutes of 1914. And we further agree that notice given by us by mail shall be suf— ficient notice of the hearing upon the assessments made for said. improvement. Given under our hs~ids on the day and year first above mentioned. R IDA S. KUHNS,HELEN HENDERSON E. LOUIS KUHhTS. President.