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HomeMy WebLinkAbout08/24/1915 Board of Public Works Minutes74 Board met in regular session at I0:00 A.M. All members present. e-- Partial estimate allowed h7.N. Barnes on Macadam pavement on Tecumseh Avenue for the amount of.............$1,551.9£ Petition for combination sidewalk and curb on north side of Ford Street from el Arnold Street to east to Oliver Sheds, was presented by the Street Commissioner and approved by the Board. Resolution ordered. Bond and contract for cement curb and walk on Dubail Avenue from High Street to Dale Avenue, under Improvement Resolution No. 305 signed by C.L. Headley as principal and The London & Lancashire Guarantee & Accident Company as sureties, was approved. Communication received from the Welsbach Street Lighting Company of America acknowledging receipt of order for installation of gas lights in River Park. Same read and placed on file. The following communication was recei ved by the Board, read and placed on file.. Board of Public Works'. Aug. 20,1915. Arrangements have been completed with the Central. Union and Northern Indiana fora joint pole line on IVliehigan Ave., from Wilber toV Olive Streets. Work will commence on Monday Aug., 23,1915. Respectfully yours, THE SOUTH BEND HOME TELEPHONE CO. EL1JER E. DAICEY, President. Engineer filed assessment roll of awards of damages and assessments of benefits under Vacation Resolution No. 241/for the vacation of a Portion of Leer Court from Caroline Street to first alley east of Caroline Street: In the City of South Bend, Indiana. The Board has ordered that notices of suer awards of damages and assess- ments of benefits be served according to law, and that said hearing be given on same on September 21st.,1915 at the olfice of the Board in the City Hall at 7:45 P.M. for the purpose of hearing or receiving objections of any person or persons interested in said matter. President. X Board met in regular session at 7:45 P.N. All members p-(esent Hearing had on Improvement Resolution No. 402 for the pipe sewer on Golden Avenue from Woodward A venue to Portage Avenue, In the City of SouthA Bend, Indiana. Upon said hearing remonstrators appeared but no+written remonstrance was filed. The Board after due consideration decided to defer their decision until Tuesday August 31st.,1915 at 7:45 F-M- Hearing had oft Improvement Resolution No. 403 for the pipe sewer on Calvert Street from High Street to Miami Street, 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 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 26th. day of August, 1915 and on the 2nd day of September,1915 in a newspaper of general circulation in said City, stating that this Board will receive bids for the construction of said improvement Grp to 10:00 A.M. on the 21st. day of September,1915. The Board has the right to reject any and all bids. Hearing had on assessment roll and final estimate for Pipe sewer on Fellows .Street from Dubail Avenue to the first alley south of Dubail Avenue, In the City of South Bend, Indiana. In the above matter no r=:remonstrators appeared and no remonstrances were filed. The Board therefore find that the property assessed in said rolls filed August 3rd.1915 is benefitted in the amount of assessments as shown on said rolls, and the Board -further find that the assessment roll filed August 3rd.1915 and the final estimate allowed August 3rd.1915 should be and the same &re in all things ratified, confirmed and approved. Hearing on assessment roll and final estimate for Water connections on Vassar Avenue from Woodward Avenue to Riverside Drive, under Improvement Resolution 383. In the City of South Bend, Indiana. In the above matter no remonstrahors appeared and no remonstrances were filed. The Board therefore hind that the property assessed in said roll filed August 3rd.1915 is benefitted in the amount of assessments as shown on said rolls and .the Board further find that the assessment roll filed August 3rd.1915 and the final estimate allowed August 3rd.1915 should be and the same is hereby in al-1 things ratified, confirmed and approved. Hearing had on assessment roll and final estimate for water connections on Tecumseh Avenue from Wakewa Aveue to Pokagon Street, under Improvement Resolution No. 3 6. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no rer_.onstra.nce was filed. The Board therefore find that the property assessed in said rolls filed August 3rd.,1915 is beenfitted in the amount of assessments as shown on said rolls, and the Board further find that the assessment rolls filed August 3rd.1915 and the final estimate allowed August 3rd.1915 should be a.nd. the same is hereby in all things ratifie4,confirmed and approved. The following appraisers report was received and placed on file. STATE OF INDIANA SS ST . JOSEPH COUNTY Ex Parte in the Matter of the construction of sewer on Eddy, Parry, Francis and Division Streets in the City of South Bend IN the St. Joseph Circuit Court, May Term 1915. Petition. ✓ Be It Remembered, That on the $th. day of July,1915 the same being the 59th. Judicial day of the May Term 1915 of the St. Joseph Circuit Vourt, begin, held and continued StL the Court House in South Bend, commencing on Monday the Third day of May,1915 before the Honorable Walter A. Funk, Judge of said Court, the following judgement and decree was rendered. in the above entitled cause, to —wit: — Ex Parte in the matter of the construction of sewer on Eddy, Parry, Francis and Division Streets in the City of South Bend, Petition. Come now the appraisers heretofore appoihted herein and file their report (insert) which report having been examined by the Court, is no confirmed and each appraiser is now allowed the sum of $5.QO for their services and the costs of this action are taxed against the defendant, City. _ It is therefore considered and adjudged by the Court that the plaintiff, il. M. Studebaker recover of and from the defendant, City of South Bend, his costs and charges„ herein expended, taxed at E: Parte in the Matter of the .construction of sewer on Eddy, Parry, Francis and Division Streets in the City of South Bend . Report of Appraisers. To the Honorable St. Joseph Circuit Court: — The undersigned appraisers appointed to examine the assessment of that part of the west three-guarters of the south one half of Section seven, Township thirty seven (37) North, Range three (3) East, bounded by a line running as follows; Beginning at the intersection of the east line of Eddy Street and the south line of the right of way of the Grand Trunk Western Railway Company ; thence south along the east line of Eddy Street seventeen hundred twenty and:one tenth (1720.1) feet to the northerly line of Mishawaka Avenue; hence east one hundred and fifty (150) feet; thence north, parallel with and one hundred and fifty feet east o the east line of Eddy Street to the south line of the right of wy of the Gram' Trunk Western Ry. Company; thence westerly along the southerly line of the said right of way to the place of beginning. located i:1 the City of South Bend, St. Joseph County, Indiana, respectfully report that after having taken oath to faithfully, honestly and inpartially discharge their duties, they proceeded forthwith to view the proposed improvement and tie real estate described in the petition of John M. Studebaker in this matter and after viewing said improvement and premises .respectfully report that said assessment complained of does exceed the special benefit to said property, and that said real estate will ue specially benefited by said improve— raeut in the sum o�' $1926.65 Nineteen Hundred twenty six ana sixty five one hundredths Dollars. Dated July 7th.21915. South Bend, Indiana. Stag: of Indiana SS. St. Joseph County. Respectfully submitted, P C�IAOF JAMES I. FM4E I George M. Raab Clerk of the St. Joseph Cicruit Court, in and for said County and State, do hereby certify that the foregoing is in full, true and. complete copy of the judge a nt and decree of said Court in the above entitled cause, on the day and year aforesaid, as appears of record in my office. IN TESTIMONY VHEREO F, I hereunto subscribe my mane and affix the seal of said Uourt at my office at South Bend, this 20th. day o Au gust,1915. GEORGE M. RAAB CLEW LOUIS SEGETY, DEPUTY. 530 Tuesday August 24th.,1915. Continued. The follo%ng was certified to by the Board and turned over to Controller and Treas. To U. G. banning, City Controller, and Fred W. Martin, City Treasurer. We, the undersigned, Board of Public Works of the City of South Bend, Indiana., hereby certify that heretofore one John M. Studebaker appealed to the St. Joseph Circuit .Court and asked to have appraisers appointed tore -assess the benefits assessed against Lis real estate for the constructio of sewers oh Eddy, Parry, Francis and. Division Streets in said City. That in ,purusuance to his petition so filed, appraisers were duly apointed by the Court t nd returned their appraiserient to said court. That by their return they assessed as benefits accruing by reason of the construction of said sewers the sum `of $1926.25 as the benefits and assessments against the real estate of John M. Studebaker in the City of South Bend, St.. Joseph County, Indiana described as follows. That part o-P the west three-guarters of the south one-half of Section Seven, Township thirty seven (37) North, Runge .Three (3) east, bunded by a line' rtuming as follows:: Beginning at the intersection of the east line of Eddy Street and the south line of the right of way of the Grand Trunk Western Railway Company, thence south along the east line of Eddy Street seventeen hundred twenty and one -tent, (1720.1).feet to the northerly line of Mishawaka Avenue; thence east one hundred and fifty (150) feet; thence north, parallel with and one hundred and fifty feet east of the east line of Eddy Street to the south line of the rikjnt of way of the _grand trunk Western Railway Company, thence westerly along; the southerly line of the -said right of way to the place of beginning:." THEREFORE- you and each of you are hereby directed to courect the assess- ment against said real estate, so that the same shall be the sum pf $1926.65. E.M. MOrris A.H. Rice John B. Weber STREET OFt ALLEY IMPROVEMENT RESOLUTION NO. 405. Be It Resolved by the Board of Public Works of the City of South'Bebd,. St. Joseph County, State of Indiana, that is is desired and deemed necessary to improve Leeper Avenue from the north line of Howard Street to the Northeline of Angella Avenue, as . follows, to; wit : - By grading and macadamizing the roadway, by grading and macadamizing the roadway of all intersecting and entering streets and alleys lying within the property lines of said avenue; by constructing, the nec- essary cement curbs by constructing cement walk on the west side of said Avenue from Howard Street to Angella Avenue, and on the east side from Howard Street to Niles Avenue; also ,icy constructing all necessary storm water drains "and marginal curb, all as shown on the plans and innaccordance with the profiles, detail draw- ings and specifications on file in the office of tlLe department of Public Works of the City of South Bend, Indiana. The cost of t1le improvement herein provie.ed 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 "Ari Act Concerning Municipal Corporations," approved March 621905, andin accordance with and purusant to the provisions of all acts amendatory and supple- ment al 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 suc, street or alley abutting upon property be longing 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 108 of the above entitled Act. 75 1 Assessments of ten dollars and more against each lot, if deferred, are to be paid in ten equal annual installments,, wiQi 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 deferred assessments in pro rata payment for such improvement. Under no circumstances shall the City of South Bend be, or be held responsi— ble for any sum or sums due from said property owner or owners for said cork, . or for the collection of the same, or for the payment of any bond, bonds, certificates or certificates, issued to said contractor in payme ntnfor such work except for such moneys as shall have actu— ally been received by the City from.the assessments for such improvement, -or such moneys as said City is by said entitled Act and amenmdents and supplements thereto required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above netitled Act, and Acts an'endatory thereof and supplemntal tine reta. Be It Forhher resolved, 'That the Board of Public Works fixed the 21st. day of August,1915 at the hour of 7:45 P.14. 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 Eraid Board. df Public Works will hear all persons interested or * ose property is liable to be assessed for said improvement, and will decide whether the benefited 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 bylaw. Notice of this resolution sall be published on the 26th. day of August,1915 and on the 2nd. day of September 1915 in the South Bend Daily Tribune. Adopted this 24t1T. day of Au gust,1915. BOARD OFNPUBLIC MRKS, The Board had up for discussion the heating contract, submitted by the �St. Joseph Heating Company. President. Wednesday August 25th.,1915. The Board met in"special session at 10:00 A.M. Mr. Rice absent. Mr. Lewis F. Meyers, Attorney for the Chicago Lae Shore & South Bend Ry. Company met with the Board, and agreed as attorney for the above mentioned company that the distance between the south edge of walk and the north rail of the Chicago, Lake Shore & South Bend Ry. Company tracks should be Ten (101) feet on La Salle Avenue at the corner of La Porte. The curb to be Fifteen (151) from the north line of the t rackuntil it intersects the present curb, and the space between the new curb and the present pavement should be paved properly by .said company. President.