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HomeMy WebLinkAbout05/10/1922 Board of Public Works Minutes1'L!t Board met in -regular session at 7:15 P.M. Al members present. City Engineer present. Attorney Harry Wair appeared before the Board and presented the .following petition which was read and placed on file and Board decided to consider. the advisability of vacating alley mentioned in pei*tion. ° PETITION.' To thw Honorable Board of Public Works of the City of - South Be4d, Indiana. The undersigned, the School City of South Bond, Indiana, hereby represents to your Honorable Body that it owns and uses as the site o.r the` Linden School building all'of the real estate bounded by Birdsell'Street on nib Parallel Street and the south line of Parallel Street extended, do the south, the westerl rtion of °said school site beingconstituted of lots oo bete One (1) and twelve �1 � in College Grovel Addition, and the easterly portion sai site being - constituted of lots numbered Dine (9) , ten (10),Eleven (11) Tw lve (12) and'Thirteen 13 in Arnold and Pagin`s Sub -Division of Bank Out lgts eigfity (80) and eighty one �81� • The undersigned further represents that the said easterly portion of said site has been recently Acquired by the School City and that &;.new. School Building has been constructed on the westerly portion of said site; That said easterly portion and said westerly portion are severed by a north'and south alley, That in order to use said easterly and westerly portions of said site as a u"'it`'for School purposes it is essential that said north and south alley from the north line of Parallel to the south line of linden Street be vacated; and the undersigned further represents that since the acquirement of said easterly por.tiou of said site by said School City said portion of said north and south alley has itot.been of public utility orconvelence. WHEREFORE, the undersigned petitions your Honorable Body to cause staid portion of said alley to be vacated. Respectfully submitted, SCHOOLCITYOF SOUTH BEND,INDIANA. FILED BY'HARRY R. WAIR, MAY1011922. Its Attorney, BOARD OF PUBLIC WORKS, � BY L. B. SLAUGHTER • ' President, J • Hearing had on.resolution for grade, curb and valk on Scholum Street Division Street tp New York -Central Railroad right of way, under Improvement Resolution No. 974. In the City of South Bend, Indiana. Upon said hearing property owners ap eared for said improvement no written remonstrance was filed Special Tax Agent gelnnon of the New York Central Railroad Company with En inters of said Company appeared before the Board also John thogor and requested that sidewalk.be orgy constructed on East side of Scholum Street The Board after hearing all parties interested modified said resolution to read as follows: To eliminate sidewalk on west side of Scholu m Street, grading curb and side-. walk to -be placed on East side. And the Board being fully advised in the premises, decides that the'benefits to property liable to be assessed for said improvement ato el to the estimated cost of the same e><s reported by t?►e City Civil. Enineer, and thereupon takes final action on said resolution as modified,.and the game is hereb�i in all things, ratified, cdAfirmed and approved as modified. Resolved further that itotices be published on the 12th. day of Ma �r 1922 and on.the 19th. day of May 1922 in the South Bend, News Times and South Bend, Tribune, statingthat this Board will receive bids for the construction of said improvement up to 10:00 A.M. June 6th., 1922. The Board reserves the right to reject any and all bids. Engineer filed assessment roll of awards of damages and assessments of benefits for the Vacation of north and south alley lyin between Tenth Street and Eleventh Street from Vine Street to Pleasant Street also Ne east and west alley Eleventh Street, lying between Vine Street and Pleasant -Street from Tenth Street to undeY Vacation Resolution No. 61. In the City of South Bend, Indiana. t Board has ordere that nitices Qf u h a r s off da ge an assessments of ben* s e served acmer ing o aw, an t�a� sac �ear3ng �e given on same on May 24th., 19222 at the office of the Boarinin the City Hall at 7:I5 P.M. for the purpose of hearing or receiving objections o any person or persons interested in said matter. Wednesday May loth.,_ 1922, Continued. Hearing had on resolution for -pip e sewer on Florence Avenue from Brookfield Street to Wilber Street, under Improvement Resolution No. 971. In the City of South Bend, Indiana. In the above matter Mr. Glet.on Saicial Tax Agent for the New York Central Ry Company and objected to sewer as same would cross their ri ht of wdy and would be no bene4it to their company, no written remonstrance filed. The Bo rd being fully advised in'the premises, decides that the benefits to property liable to be assessed for said improvemenet 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 s is Hereby in all things, ratified, confirmed and approved.. Resolved further that notices be published on the 12th. day of May 1922 and on the l9th. day of May 1922 in the South bend News Times and South Bend Tribune, stating that this Board will receive bids for the construction of said improvement up to 10:00.A.M. June 6th., 1922: -The Board reserves the right to re jest any and all bdds. Hearing had on resolution for pipe sewer on Vassar Avenue from the east line of Diamond'Avenue to a oint 114 feet west of the west line of Cleveland Avenue, under Improvement Resolution. .No, 9. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written haremon.strance was filed. The Board therefore being fully advised inthe oe ement ae etdi�ltt to benefits to the Rr art L.ie.b epet°©rte shyeSthe 21,11vilminn eer, anrd reuppon tl es sti�ateaa .casto? U e Sm t1on a on in�lly s;p,. and t o same is hereby in all things ina1 action on said reso g ratified, confirmed and approved. Resolved 'further, that notices be published on the 12th. day of May 1922 and on the 19th4 day of May 1 22 in the South Bend News Times and South Bend Trib ne K newspapers• of general circulstion in said City, stating that this Board will raceiQ� t>ids r 6rtthe construction of said°improvement up to 10:00 A.M. Tuesday June 6tih., i922• Th- BoardJ reserves the right to redact any and all bids. HearI gghad on resolution Reso�utionewNo.©973©nInethevCiuy of South Bend, street to Johnson Street, under Imp Iniana.s In the. above matter remonstrators appeared and a written remonstrance was filed. The Board after heart ng all interested parties present over -rolled written remonstrance and being fully advised in the presmies, decides that the, property liable to be assessed, for said improvement are equal to the estimated cost of the same, as reported- a City 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 that notices be published onSthe 12end day ibof May 1922 and on nththe is 19th. day of May 1- 92 in the South Bend News Times and Board wiU 'ge.ueivex�bids for the construction of said improYemen� up to 10:00 A.M. Tuesday June 6t}..5 1922. The Board reserves the right to reject any and all bids. Hearing had -on resolution for pipe sewer on. Cardline Street from Dayton Stl-eet to Calvert Street, under Improvement Resolution Yo. 970• In the City of South Bend, Indiana. ' Upon said hearing no remonstrators appeared and no written remonstrance was filed The Board therefore being fully advised in the premises, decides that the benefits to property. liable to be assessed for said improvement 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 12th. day of May 1922 and on the 19th. day of May 1922 in,the South Bend News Times and South Bend Tribunef newspapers of general circulation in said City, stetting that this Board will geceive bias forthe construction of said improvement up to 10:00 A.M. June 6th.9 1922. The Board reserves the right to reject any and all bids. { ° Defferred hearing had on resolution for grade, curb and walk on Ruskin Street from Emerson -Avenue to Oakland Aree-t, under Improvement Resolution No, 963. In the city of South Bend, Indiana. In the above matter remonstrators appeared and written remonstrance filed M&Y 3rd .1922'was sustained, by the Board and.the resolution is hereby in all things rescinded 0' tinned 11 Hearing had on resolution for grade, curb and walk on Anderson Avenue from Elwood Avenue to Kinyon Street, under Improvement Resolution No, 964. n the City of> South Bedgl, Indiana. Upon said hearing remonstrators appeared and a written remonstrance was filed. The Board after hearing all parties interested over -ruled said written remonstrance and the Board being fully advised in the premises, decides that the benefits to the property liable to be assessed for said improvements are equal'to the estimated cost of the same as reported by the Cit Civil Engineer -and thereupon takes final action on said resolution as originally adopted and tie same is hereby in all things, ratified, confirmed and approved; Resolved further that notices be published'on the 12th. day of May 1922 and oh. the 19th. day of May 1922 in the South Bend Daily Tribune and News Time; newspapers of general circulation in said City, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. June 6th.0 1922 The Board.,.reserves the right to reject any and all bids. Property owners residing on Indiana Avenue between Walnut Street and Olive Street and complained about condition of new sidewalk being put in. Board advised property owners this would be taken care of before assessment roll is filed. Property owners appeared and presented petition for gravel pavement on Gertrude Street from Ewing Avenue to thesouth line of Rum Village Park. Resolutio ordered prepared on same. Members of the Health Board appeared before the Board and took up matter of proper garbage disposal and collection in the City, sewer and housing ,conditions. After a lengthy discussion in regard to the various conditions, the Board. advised the Health Board that this Board would be very pleased to co- operate with -them whenever necessary to improve conditions. The following resolution was approved by the Board. RES0LUT1 ON. WHEREAS, One Louis J. Nickel Jr. and G. J. Rockstroh did on June 2n, 1896 purchased from G. Wm. Matthews for the consideratiob of One Dollar the follow- ing .described property. , Lot 157 Block (1) Range 3 West in the City Cemetery of the City of South. Bend, Indiana. WHEREAS, said Louis Nickel Jr, and Louis J. Rockstroh having lost said deed and are the sole owners of ,the above described property according to Cemetery Records of this office, and have no deed for said lot now, Be It Resolved by the Board'of Public Works of the said City, that the Mayor of said City be and is hereby requested to issue a duplicate deed. to said Louis Nickel Jr. & G. J. Rockstroh for said described property, BOARD OF. PUBLIC WORKS. Veronica C. Sweeney Clerk, of the Board. Dated this loth, day of. May 1922. L. B. SLAUGHTER' L. P..HARDY ALBERT F. HONER Concerning the improvement of the roadway of South Michigan Street from a point north of Fairview Street to South Line of Donmoyer Avenue in pursuance t$o H914tion No. 942 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 finds that said petitioners constitute a majority in number of the freeholders residingupon said street bo be improved tha said petition is sufficient and it is therefore considered, and adjusted that said improvement be made with Asphaltic concrete using Mexican Asphalt as the kind of pavement requested in said petition- and the City Engineer reports that White Construction Comppany is the lowest ana best bidder for said kind of pavement, a d the Board so finds and lets said bontrac}t for said -improvement to him, and or ers said improvement to be made -with Asphaltic concrete usinf mexican Asphalt and all proceedings heretofore had in this matter are hereby confirmed and ratified. Car racks to be paved with Metrpolitan Block with asphalt fill. L. ' BOARD OF PUBLIC WORKS. DB. SLAUGHTER . P. HARDY Attested:-- ALBERT F. HONER. Veronica C. Sweeney Clerk of the Board. Dated this loth. day of May 1922. Petition presented for serer on Miami Street East or Leer Street signed by Ed. Neddo. Saxe read and plaeed on file, no action taken. Wednesday May 10th.t 1922. Continued, Re lut . &o ion fwi S ervice Connections wl,ins 988 WHEREAS, the Board of, Public W day I Works on the. '.2-8th-0• 92 did alopt a re3alutiol ordering and requiring the permarient improvement of 81,0& Melw streeto. Street from Street, by paving the roaNvay tl'ie same, and WHEREAS, the City Civjl'Engiheer has prepart d and filed in the office of this Board are ort showing the number and location of the service pipet, Mains, conduits, laterals, and connections which are, or will be necessary to accon in . ceite the abutting property and toe ommra dier.eof, with, gas,- water, sewer, and other * conveniences and. nec(ss�ries: and also said City Givil Engineer has prepared and filed in said office specifications showing; the mAter'al to be used and the maner of laying said service pipes mains, c3ndaits, laterals and -connections from the mains to, the 'points in- side the curb lines. THEREFORE, be it resolved by the Board of Public Wcrkes of the City of South Bend, Indiana, that the report of the City Civil Engineer' is adopted, and ca*d report and the sPecif:ci;t;crs Prepared and fJed by him. are made a part of this resolution as fully and effectually as if copied herein at full length; '-arid it is fur- ther ordered that all of such priv4tq connections with the sewer, gas, and water mains be made in said street by bringing them inside the curb lines thereof. And be it further resolved that notice by publication for two successive days in South Bend News Times A& Tribux* a newspaper of gcneral circulation plinted ard PubIshed in the City of South Bend Indiana, be given to the owners of the Property abutting upon said street to 'be improved directing them to make such sewer and water connections on or before the 2nd. jux* 1922 day of 192 _; and that if said connections are not -made on or before said time and in accordance with the I speci fications and report' on file in the office of the B'04,rd of the Public Wcrks, char, szldBoard will -cause the same to. be made and will asses the. cost thereof against the property abutting up(n said stre I et, and shall do all other things pertaining thereto according to the provisiom. and rf quirmfrifs cf Ordin6i3ce No. 1842 adopted. by the Common Council of the City of South Pend on jLly 24, 1916, and tf allcth, r (-rd' inpn(cs and law relating thereto. And. be it further resolved and ordered that after the 20 day period has elapsed for the making cf said connection by the property owners, a notice shall b,& publish for two weeks, once each week, in the South Bend,Tribuze & News TiM*j5a newspaper =of general circulation publ'shd in said city, reqiie,ting bids from contractors for r "I the making of such connections as have not been made by the property owners, and such notice shall fix a day,, not earlier than ten days after the first, of such publications, when bids shall be opened and a contract let for the . doing of said work. And, .,be it further ordered that the Northern Indiana Gas and Electric Ccrrpar Y, which holds a fran. chise from, and is en-).3wnrcl by said city to farals1i artificial gas to the citizens thereof, and is engaged in said b-13irl!!35 in * I City, is h 3 ra')y directed to mike and install: all service connections with its mains in said * slI Street in accordance I with the provisions of Ordinance No. 15.55 adopted June 27- 1910 and such -cther ordi- nances or laws applicable thereto; which ccrinecticrs rre L(,An trcn the report cf Ile 'City Civil E . ngineer, and which are here -by declared to be necessary in supplying gas to the owner of property abutting upon said street. Adodt,ed this I ntb L day of y.11922 a 192- 3L Tie B.% AIGHTER Published May 12,tho and 13th 19220- 16. Po JMDY Ex irtion of time Juxe 2xd*fi322- , Advertised for bids Jr=* 5th, aza 1*101922. PERT F. HQ Bids r,"olived June 20th,i#1922, ------- Board of Public Works, 10th.t 1922. Continued The following bond and contracts approved. 'PUBLIC IRPROVEMEf~TT CONTRACT. THIS;1'AGREENIENT9 Made and entered: into this Sixth day of May 19229 by and between Hoban& Roach of the County of St. Joseph and State of Indiana (hereinafter referred to as theb-" Contractor"), and the Cit of South Bend in the County of St. Joseoh, and'State•ofIndiana, by and through i s Board of.Pubtic Works, hereinafter " referred to as the City")* ugder-and by virtue of an Act of the -General Assembly of the State of Indiana, entitled An Act Concerning Municipal Corporations, ",:''approved March 6,1905; and all -.amendatory and supplemental acts thereto: Witnessetht that the contractor covenants and agrees to construct' ppippe sewgr 'on Miner Street -from-Edd Street to Arthur Street, in the City of South Benc Indians at and for the following pr ass:- 616.lin., ft.:.of 12" pipe per lin ft....:.........02.45 10S fin: ft. =of `:8".: piPe� per lin ft... , ........ .50 336 in. ft:a. of `6" :conduit pipe per fin ft..... 1,00 21`:3' fin.' ft. of Manholes, per lin ft.. _ 750 6 storm; water inlets, each r 9.00 2 manholes curbs and covers, each:::..:,,...,..15.00 tad M flesSorts ail work in the pr•ooecutiao of said impeevesmat"aair sec- aswirg to ie•%emir m0a gwo, drtspets of .11aprvrerrxet scahition 94 Iso. .8 M :..�.;.; a�i�pte-d Ly flue. iaard of rtr6fic .'��r 4a2'C 1 21,41922 4ll& the $ ens, prP a sjO specifications on file in the office of the -pep a-t , nt.. of.` Public -i'ks w}+�ch said x�?sol l o`n,'.plans;`:prof ie nd` sprcificaIt are made a part hereof as._fully and effectually ,as if .cQp �cd and set ctr; herer3i at fall lrfigth. Tho contractdt further expressly covenants anti agrees that 'in the prosecution of said work all proper s>kitl'atid care .-.ill be exercisrl; that he � *'t r-o�Wtj. - i p= )toc•tall.>excavations and dangerous places, and --ill use all due and proper pr ra:?.t;on tiq rjr VV11t ).,;,zry *^ .ny per:;on ,or prop _rtv;''that in *he evelit any injury or dam.tge resulting 'frcrtm'ih -r'_ or resz!rttx - fr-)m env mltter or thing onncct�d therewith or arising therefrcmt; #o any pets_n or propfrty; he - �11 p v aid fig d`date the same at his own expense, and as some th0: 6biii�y;_t�'refor; uric in the ;event of any ciairvpr claiins being made Or any action �r actions being brongb ag?rzist tie city by reason of.:on account of of growing -out of s 4d Wvor',r or;ts con�t uc`i�n th said ntr ctor will at ?pis- ri expense -defend flee same, hd --rill gav any judgment recovered tlfereim, awd will in . all rei iccts fully irid=mnify art-d save harmtess ,,aid- ky its Acers, agents or represecitattvts :�rcitit all gist,_ tappet se, paytr�een�� y t aigrne -ecW01!.Te* counec 4bii-with toch claim or claims, action .or, actions grid if wrttwn ten days r any- . actr n 13 the cif y shall ntlti#y the aontricror of tie pendency titer -of, tbw say r ri�ewe i SeAeyred a�aiast tile sit? 3W be z onclusive asainst .the contiract.or and against the surety ,An o Ram' solid odwr matters pertaining hereto. hci the eonikactor agrees t!o nu istain'su i rovement an4i make such re'air5 as attar be ni cesss:ry t i ttie, persod aeo 14the ipaaner ant fund aI tiee i aiiams., arrd to secure. Me amamten"ce snd • repair, thateaf to fits with pipe `$oard `of Fpbl a Wo im a " ;71ili suJfi`cieat surety thereos and in an alotlts ais fixed by the speeificsti�rs And in dothg such repair work the cclintractor and tic surety on his 'gtrst*ntee bond shalt , be subject to the nurse liability to fire eitr aa-d pay d�4er rson for ar►y'injurr or dam to any person rUr tip - arty to the Smite ipG�ap ter andY :tears e+cf is fiise. ,i st rscedirtg Paragraph coveriag the ' stet cti,= work it is further agreed by and between;said rsrt s'tl+;at this ac4eptanCtk.of"ttse weak `provided far in tl � eon fact, or the paym�grit thereof, Aall not., constitute a waiver on `the part of .the city of -any of ,tote �royis uxrs of this contract, troy shall rt release said r-ntra.etor or tl:e,sureties a his IsDnd'for the faithful' Pecfbni - once, th'oreof`;�nor she; the acceptance be.:p ` a•;fac c'evidence of the performance of my provision,�Qf t2rift a4rzetiexcept to the- extent of esrtiliug. tare carxtraor eo the contract price therefor. r "ke°contractojr agrees f4 pay for `a -debar and materials used or furnished to be used in the making of s in roveruerit and: in the: perfarrriance of th}s contract, whether done or furnished for him, agss�t, mrset,successor strDcotttractof and the c #Ai or o ity may reserie out of any alidwance srtude Ott say~;est,dats f the contractor or h� aigna, or` out of the aa:ovcrt due him or lain assigns stpaa tlrc esalc;. tl w�aEk, so zrrrtclti asp tna) �ecdsary tip,pay all laborers ec mstoritr sea for aas omats due m" �►e)Ftl. or rtta#er'ta or fsrnrskoi to be wed is the 'performance of tleis cantsalet a" tic wi s:1id work, `le tcF rlte cl tseasiucr, icuna as city t�rsssu= r, sra res#iu iO1s Y f"m relerty owners assessed fir �artp9rareose� it ts' psy sacit iiis`ar t� aoaemessser silssns *A* *Ar t rs rw a aiuCissed C e u ag: e 5 to eetpc> enr* aad URUWd materiel is a& atswr I llis i :► upon the eptn ion,:of the r4rove»zcnt or the re a�risg !hereof, The wbrisxaf `rf►slunX s++ct rrnytrcremerrt before the.. 9Wl be coutpWea a cor� to Ihe to. at ob �wsrllt in . I. ..dsf of ! . l� .. ...-- ........_ . . - --------------•----, ,'.........� i s► it .faane for they sup 4f'tl�e same shall be ex+enried in writing by the Board of Pus Works. Anil ft is srrfed that an sue e�cteaf4oa of tiarut, or any alteration of this contract or of t1 manner or'meti~- od of .cuing suet work stlalt in no way affect the -duties, obligatiocs. or liabilities of the coaittractor or his sure- ties. Sys. It is agreed brat phi contractor �fatfl n<�t a�SiPt this ,fir root, or sub -let the work or any part thereof to be -done hereunder, withuE+ it merit en co , :ant of the K;.ard of Publtic Works. I 'is further agreed and sttptrlatcci }hit'-r contractor shaft gime m tee• 4,dents _of said er#y and asgR�.tr preference in 'the employm rt ± € : li lalir rreeessar-y in the per{orrnance of -this contract, acid failing ta4, bo, itlalt forfeit to the city the surer of ten doilgrs fci"r each iiure to,.observe this stipulatlpa < And upon the perfor arc« of: al€1!t to terrruS,.ap s,.. ditions of this contract, and tbis�s to be Bowe an erforote$• by said cc rrtrastar the sal i�r agrites fr+,cttRse the cost of Laing sock work tq be assessed, col- self and �wid to sit aoractru in fire Afiz sniritiik x At atehngirgs of astfi iss�rota hems die of*Jim.,tltc �a*�rcrss In TestimonyPhereof, We, the foregoing named parties `'hereunto set;,. our heads tills Sixth dsy of May 1922. , CITY ,OF SOUTH BF D,:.INDIANA ` HOBAN &ROACH - BY L: B. SLAUGHTER. BY M. J. RQAH CBtntraetor L..P. HARDY ALBERT F. HONER ItsBoard of Public Works Wednesday May 10th.,, 1922. Continued. WND by i s That we---------------- ... ..... of the County of— state of ........ . . an& prind and of . .... . .... ......... of the County of-------- -- f------------- L --------- ------------ ----------- -----------and State of.--------_._ ........... Lj as sureties, art held and firmly bound to the City, of South Bend, jr'j_*0.j_ ill t' b_�'ja of._ One thousand seventy two_--__:-- ($ 1072.00), seventy - - - - - ------------------------------------- 3, onr M79. ior the paymelit of which, well, and . tru* to be made, we jointty and severally bind rassigns, f-,!-.Mly by these presents. eze4worsaTnins, trators axid S Of the Obchehat if the above named; 1 1-allion, are su , V., -------------------- _­. a faithfully cOMjAy NY i6 tbt f-Ortg0i * 'hV of _------------- May... Int(It and tuterk--i into the_-_---- alethe conditions and stiptill-titma therein elAtaimt with the City or South B(mdl, dridiarp, and shall f-Li a - j -P(,Z-ts then this obligation to be void, otI6tfWi*r i�ncr th-reof, in all re, according to the true intent ar�!. �-nea, - - ' , the tirse f0t OW to be and remain in 1-!Ill force and virtue in law. In the evel! said City shall 'extEdd comoietion of said work, such efteensjOn shall not in any way release the sureties thisbotW. This shall be a.construc`ion bond, and flae sureties On the same shall not be held few OftAk for *i e 'd party -cepted by, the s con after it has beenac but 3tA Stref!iis 4 -4 ' 4' L tirbS maintenance and repair of the improvement am shall li�e held responsible for the f�it'-�ul COWE�Mce with all other -con (fiti MIA, stipulati0i" or Sri oat in the contract. _y t "-ice X9 American Surety Company of M 'I(ork HOBAN & Roach. . ........ ....... By M. J._'_k6ach esYdent dice President.(,---, . ........ Resident Assistant Seoretar May f4220L. B. SLAUGHTER T. HARDY HER* I A Me'rof -the Boar ProsidenVof.Board.