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07/13/1915 Board of Public Works Minutes
711 Tuesday July 13th..1915.9' Board met in regular session at 10:00 A.M. All members present.. Bids were received, opened and read for grade, curb and walk and graveling of Hill Street from Howard Street to Corby Street. The same were referred to the City civil Engineer to report on at 7:45 P.I. this 13th. , day of Jaly,1915. Bids were received, opened and read for pavement on Franklin Street from /Sample Street to Indiana Avenue, under Improvement Resolution No. 3W. The same were re- fereed to the City Civil Engineer for tabulation to be reported on at;7 45 P.M. this 13the day of July3,1915. ` Concerning the Improvement of the roadway of Allen Street from Oak Street to.Van Buren Street in pursuance to' resolution No. 37$9 a petition having been filed within ten days from the time bids were received, by persons claiming to be a majority in number of the freeholders residing on said street to be improved, and the Board hereby refers said petitions to the City Engineer for his report as to v�hether said petitions constitute a majority in number of the.freeholders residing on said street; and this matter is hereby continued until 7:45 P.M. this 13th., day of July,1915 when the Board will determine the sufficiency of said petition, and will let the contract for the making of said improve- ment or will reject all bids. Dr. Owen appeared before the Board and took up the ^rs.tater of oiling Portage. Avenue from Morris Park Addition to City Limits. Board informed.riim that a resolution would be adopted for same. Contractors bond for the sum of One Thousand ($l,000.00)Dollars signed I-- by H.N. Barnes, was approved by the Board. Contracts signed by Fred P. Patter on the following water connections Hamden Court, Milton Court, Tecumseh Avenue and Vassar Avenue. Petition Filed for two street lights on Prairie Average from Blanche "Street and Lincoln Street. The same read and plaeed on file. Release of W. W. Sibley Bond for the year of 1914 was approved by the -'Board. Intersections were ordered to be put in at southwest corner odd North Y west corner of Koseiuszko Street and Dunham Street. Petition foe pipe sewer on 'Golden Avenue from Woodward Avenue to 1sto r alley south ws filed with the Board and referred to the City Engineer for investigation. Engineer filed assessment roll and final estimate for Trunk sewer on High "'Street from Dayton Street to Bowman Street, under Improvement Resolution No. W. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published on the 16th. day of July1915 and on the 23rd, day of July,1915 in the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of such assessment at its office in the City Hall on the loth. day of August,1915' at 7:45 Pox* Resolved further, that the entire work under th a above contracts be accepte and aproved and the final estimate thereon allowed. Notice of this resolution shall be pub- lished on the 16th. day of July,1915 and on the 23rd. day of July,1915 in the South Bend Da i Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the loth, day of August, 1915 at 7:45 P.M. Tuesday July 13th.91915. Continued. STREET IMPROVEMENT RESOLUTION NO. 398. 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 im- prove Lindsey Street from Blaine Avenue to Portage Avenue, by oiling the surface Thirty Two feet in width; oil to be applied to said street once during the year 1915, and if in the judgement, of the Board of Public`Works,+ said street needs a second oil- ing, ut shall be oiled a seeDnd time. Such oiling shall be done by the Street Department of said City, and. said department shall file with the Board of Public Works statements showing the cost of doing the above described work. The cost of such oiling shall be paid by the City out of funds in its Treasury, -Wand before the first Monday in November the cost of said improvement shall be assessadd against the real estate along said street specially benefitted, and the City will hold a lien against such real estate for such assessments, all as provided i n Sees* ,j8743 and 8744 of Burns& Rev. Statutes Be It Further Resolved, That the Board of Public 'Works `fix the loth. of August,1915 at 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 whose property is liable to be assessed for said improvement, and will decide whether the beefits 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 for such Z lic co s deratio b ppub� hhd and ile 5 �t gym©n r1�. Wed by laf.. �� � � of s reso u ion sha l ge u shed on e day of July21915 in the South Bend Gaily Tribune. Adopted this 13th* day of July21915.. BOARD OF PUBLIC VORKS. SIDEWALK IMPROVEMENT RESOLUTION.No. 3990 ^ Resolved by the Board of Public Works of the City of South Bend St. Joseph County, State of Indiana, That it is desired necessary to improve ROBINSON Street from the south line of Lot 8 in M. S. Robinson's Secon Plat to the Lake Shore & Michigan Southern Railway as follows ,to-wtt' -: By grading both sides of said street for the construction of Cement cub and Cement walks and by constructing cement curb and cement sidewalk on both sides Street where same is not already constructed.* in accordance with the profile, details, drawings and specifications on file in the office of the Department of the Board of Public.Works of said City; and such improve- ment is now ordered. The cost of said improvement, including the cost of street ind alley intersections, shall be assessed upon the real estate abutting on said Robinson Street, all according to the method and manner provided for in an Act of the General Assembly of the State of Inds ana, entitled, "An Act Concerning Municipal Corporations}" approved March 6,1905, and in a ceordance with and pursuant to theprovisions of all amendatory and supplemental acts thereto, passed by the General Assembly of the State of Indiana. Assessmnets, 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 shall be issued to the am retractor in payment of such York, unless the property owners pay said assess- ment before said bond or bonds are issued. Under no circumstances shall the City of South Bend, be, or be held responsible for any sum or sums, due from said property oner 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 pay- ment for such work, 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 proveedings had, and work done in the making of said improvement, assessment of property, o llection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act and amendments thereto* "A" Tuesday July 13th.,1915. Continued. . Notice of this resolution shall be published on the 15th. day Of July, 1915 and and on the 22nd. day of July,l915 in the South Bend Daily Tribune. This Board will give a hearing on this resolution in its office in the City Hall on the lOth`. day of Augu t,1915 at 7:45 P.M. Adopted this 13th. day of July,1915. BOARD OF PUBLIC WORKS. STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 400. 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 imprw e Prairie Avenue from Grant Street to the Western City Limits as ollows,to-wit:- By grading said Prairie Avenue from property line to property line and paving the roadway from curb line to curb line with gravel, eight (8) inches in depth in the center and sic (6) inhes in f depth on the sides, and constructing cement curb on both sides of the roadway. All as shown. nn. the plans and in accordance iithh the profiles, detail -drawings and specifications on file in the office of the Department of Public Works of the City of South Bend, Indiana. The cost od the improvement herein provided for, except street and alley intersections, shall be paid by special assessments 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, -eneitled " An Act Concern ing Municipal Corporations, " approved March 691905, 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 of the improvement opposite street and alleys vhich run into, but do net cross said roadway herein proposed to beimproved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessments, 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 108 of the above entitled Act. be paid in an num. A assessments Assessmets of ten dollars and more aginst each -lot, if deferred, are to ten equal annual installments, with interest at the rate of Six per cent per bond or bonds will be issued to the contractor to the amount of such deferred in pro rata payment fornsuch improvement. Under no ettcumstances shall the City of South Bend be, or be held repsonsible for any sum or sums due from said property --owner or owners dor said work, or for the= collection of the same, or for the payment of any bond, bonds, certificates or certifi-cates, issued to said contractor in payment for such wa rk, except for such moneys as s shall 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, asses ment of property-, collection of assessments and issuance of bonds therefor, shall be aspro- vided for in said above entitled Act, and Acts amendatory thereof an- supplemental thereto. Be It Further Resolved. That the Board of Public Works fix the loth. day of August,1915 at the hour of 7:45 P.X. at the office of they Bord of Public Works of this City, as the time and place for the public con ideration of said proposed improvement, at which said Board of Public Works will hear all persons interested, or 'whose property is liable to be assessed for said improvement, and Ydll 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 consideration be published and mailed in the manner provided shall be published on the 16th. day of July91915 and on the in the South Bend Daily Tribune. Adopted this 13th. day of July21915. the time and place of such public by law. Notice of this Resoluti 23rd. day of July,1915. BOARD OF PUBLIC WORKS. 714 sday July 13th..1915. Continsed. STREET OR ALLEY IMPROVEIMNT RESOLUTION NO. 401. ✓ 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 improve Bartlett Street from the East line of St. Joseph Street to Riverside Drive as follows to -wit: - By grading and pavigg that portion of the roadway lying between :the north edge of, the present Macadam pavement and the north curb line of Bartlett Street produced east, whih curb line is fifty three (53) feet north of the souti line of said Bartlett Street. The pavement shall consist of three (3) i ches of Macadam on either a four (4) inch gravl gravel or Cinder base together with the necessary cement curb, marginal cement curb, storm water 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 pf public Works of the.City,of South Bend, Indiana. The cost of the improvement, herein provided for, except street and alley intersections, shall be paid by special assessments to be levied upon the property specially benefitted, to the amount that the same may be legally assessed therefor, in ace rdance with An Act of the General Assembly of the State of Indiana, entitled." An Act Concerting Municipal Corporations, "Approved March 6,1905, and in accordance with and pursuant to the provisions of all sets 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 improved and that portion of such street or alley abutting upon property belonging to sai--, City, or upon property not subject to such assessment, sha 1 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 Sec- tion 108 of the above entitled Act;. Assessments of ten dollars and more against each lot, if deferred, are to be paid ten equal annual installments, with interest, at the rate of Six per cent per annum. A bond or bonds will be Issued to the contractor to the amount of such deferrd assessments in pro rats payment for such improvement. Under no circumstances shall the City of South Bend, be or be held re- sponsible for any sum or sums due from said property owner or owners for said work, or fo 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 .suds moneys as shall have actaully bee received by the City from the assessments for such improvement, o 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 im- provement, assessments of property, collection of assessments and issuance of bonds there fkr, 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 loth. day of August,1915 at the hour of 7:45 P.M. at the office of'the Board of Public Works, will hear all persons interested, or whose property is liable to be assessed for said Improvement, and will decide whether bhe benefits to the property liable to be assessed for said improvement will equal the estimated cost thereof. Be It Further Resolved, That notices of the time and place of such public consideration be published and mailed in the manner provided by law. Notice of thi resolution shall be published on the 17th. day of July,1915 and on the 24th. day of Buly,1915 in the South Bend Daily Tribune. Adopted this 13th. day of July,1915. BOARD OF PUBLIC WORKS. President. 715 Tuesday July 1'3th..1915. Board met in regular session at T:45 P.M. All members present. Contract for the grade, curb walk and graveling of Hill Street from toward Street to Corby Street, under Improvement Resolution No. 389 was awarded to H. L. Davis for the amount of...4...$1,209.94 Concerning the improvement of the roadway of Franklin Street from Sample Street to Indiana Avenue with Asphalt, Asphaltic Concretes Bitulithic, Creosoted Wooden Blocks or Brick; in pursuance of resolution No. 3881, this being the day for receivAng and opening bids, the Board at 10:00 o'clock A.M. publicly opened and read and considered all bids. And thereupon the Board designated Brick as the kind of pavement with which said street is to be improved and fixes the 24th. day of July,1915 at 10:00 A.A. , as the time when petitions must be filed, and the BoE: rd hereby continued this matter until the 27th. day of July 1915 at 10:00 A.M. and all bids are hereby referred to the City Engineer for tabulation and report as to the lowest and best bid. On the day above named the Board will either pass on petitions let said contract or reject all bids. - BOARD OF PUBLIC W RKS. �- The following communication was received from the Grand Trunk Western Ry. Co. Mr. E.M. Morris, President. Department of Public Works South Bend,.Indiana. Dear Sir �— Your com munication of the 9th. inst. regarding condition or ovossing at Division Street in the City of South Bend. Evidently the work you now notice in progress is but temporary. We have enroute at the present time supply mf..,®ak crossing plank we intend to make permanent repairs with and which I am sure will meet with your approval. Yours truly, J.E. EHRKE. • Superintendent. The following deed was approved by the Board and ordered recorded. WARRANTY, DEED.' THIS INDENTURE WITNESSETH. That O'Brien Varnish Company,( Incorporated) and William Pieehurski & vdfe of St. Joseph County, State of Indiana Gonvey and Warrant to The Municipal City of South Bend of St. Joseph County in the State of Indiana, its successors and assigns for the sum of 'ONE DOLLAR($1.00)and other valuable considerations, the followng Real Estate in St. JoseP h County in the State of Indiana to wit: — A public alley Ten (10) feet in width across Lot No. Eighteen (18) as shown on the recorded plat of College Grove Addition to the City of South Bend, from the South line of Parallel Street to the South line of said lot, vhi ch alley is bounded by line running as follows,vi!&' Beginning at a point One Hundred Thirty(130) feet west of the southeast corner of said lot No. Eighteen (18): thence North across said lot to the North line of said lot; thence East Ten (10) feet; thence south to the South of said lot: thence West Ten (10) feet to the place .of:' -beginning for the use of the general public of said City for alley purposes. and Covenant for themselves, their heirs and personal representatives that they are lawfully seized of the premises have good right to convey the same and guarantee the quiet.possession thereof, that the same are free from all in — cumbrances and that they will Warrant and defend the title to the same against all lawful claims. IN WITNESS VE EREO F, the said grantors above named have hereunto set their hands and seals this 6th. day of July,1915, A.D. O'BRIEN VARNISH COA9PANY9 W. D. OtBRIEN President. By F.B?6'BRIEN Be cretat,7. Wm. Piehurski S. W.PIECHURSKI 71G) STATE Of INDIANA, ST. JOSEPH COUNTY SS. Before me, the undersigned., A Notary Public in and for said County ,came O'Brien Varnish Company ,(Incorporated), by W.D.O'BRIEN, its President, and F.B. O'BRIEN, its Secretary, and WILLIAM PIECHURSKI & TIFE. W. PIECHURSKI S. W. PIECHURSKI and acknowledged the above Deed._ WITNESS, my hand and Notarial Seal this 6th. day of July,1915. C. J. MORRIS NOTARY PUBLIC MY COIN MISSIONE EXPIRES JUNE 22,19189 Hearing had on assessment roll and final estimate for Pipe sewer on Cherry Street from Washingon Avenue to alley south of Jefferso Street, under Improve- ment resolution No. 357. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no remonstrances were filed. The Board therelfore find that the .property assessed in laid roll filed June 22nd. 1915 is benefited in the amount of. assessments as shown on said rolls, and the Board further find that the assessments roll filed June 2a..1915 and, the final esti- mate allowed June 22nd.1915 should be and the same are hereby in all things ratified, confirmed and approved* Petition filed with the Board for a pipe sewer on That portion of East .,,"Calvert Street and 1st. alley West of Miami Street to High Street. The same referred to the City Engineer for investigation. Water petition for water main on East Boman Street from Fellow Street ✓ to Rush Street. The same was read and referred to the Superintendent of Water Works. Concerning the improvement of the roadway of Allen Street from Oak Street to Van Buren Street in pursuance to Resolution No. 378, the petition of freeholders residing on said street is considered, and the report of the City Engineer is received and all evidence is heard, and the Board findsthat said petitions constitute a majority in number of the freeholders residing upon the street to be improved, that said petitin petition is sufficient. And it is therefore considered, and adjudged that said inprove-- ment be made with Sheet Asphalt, the kind of pavement requested in said petition and the City Engineer reports that Western Construction Company is the lowest and best bidder for said kind of pavement, and the Board so finds, and lets the contract for said improvement to him, and orders said improvement to be made with Sheet Asphalt and all p»oceedings heretofore had in this matter are hereby confirmed and ratified. President.