HomeMy WebLinkAbout08/09/1922 Board of Public Works MinutesBoard met in regular session at 7:15 P.M. A11 members present.
Estimated cost of River Park Sewer district No. 1. filed by
the City Engineer, as.follows:-
a Aug. . % 1922.
To the Hon, Board of Public Works,
"of the City of South Bend,* Indiana. '
gentlemen:+
I herewith estimate the cost of the River Park Trunk Sewer, District
No. 1, from the St. Joseph.River to Mishawaka Avenue and from Tenth Street to
Thirteenth Street at...$70,000.00 Under Imprvement_Resolution No. 1016.
Respectfully submitted,
FREDERICK J. , ANDERSON
FILED • 'City Engineer
AUG. 9.1922.
BOARD OF PUBLIC WORKS
BY L. B. SLAUGHTER
President,
Hearing had on Imprvement Resolution No, 1016 for Trunk sewer, known
as River Park Trunk Sewer District Do. 1. from the -St. Joseph River to Mishawaka
Avenue and ficom Tenth Street to Thirteenth Street, in the City of South Bend,
Indiana. a
In the above matter no remonstrators appeared and no written remon-
strance was filed. And the Board being !fully advised in the premises, decides
that the benefits to property liable to be assessed for said improvement are
equal to the estimated cost of the same, as reported by the City Civil Engineer,
and thereupon takes final action on said reslution with following modification:
That the six of the sewer on Tenth Street from a point 175 Beet north of the cent&
center of North Side Boulevard to the south curb line of Pleasant Street shall be
a 15 inch pipe sewer, instead of twenty (200) inch, and the same is hereby in all
things, ratified., confirmed and approved as modified.
Fesolved further, that notices be published on the loth. day of
August 1922 and 17th. day of August 1922 in the, South Bend News Times and South Bd
Bend Tribune South Bend, Indiana and on the 12th. day of August 1922 in the
Indianapolis Star of Indianapolis, Indiana, stating that this Board will receive
bids for the construction of said Improvement up to 10:00 A.M. on the 29th. day of
August 1922. The Board reserves the right to reject any and all bids.
Hearing had on resolution for pavement on MarinfStreet from Indiana
Avenue. to Calvert Street, under Improvement Resolution No. 1012, in the City of
South Bend, Indiana.
Upon said hearing remonstrators appeared and written remonstrance
filed was considered. The Board after hearing all interdsted parties present
deferred action'on said resolution until Wednesday August 16th., 1922 at 7:15 P.M.
Hearing had on assessment roll and final estimatefor Pipe sewer on
Jackson S`breet► from Linden Avenue to Washington Avenue,*under Improvement Resolu-
tion No, 037 In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written remon
strance filed. The Board therefore find that the property assessed in said
roll filed July 19th., 1922 is benefitted.in the amount of assessments as shown
on said roll, and the Board further find that the assessment roll filed July 19th.
1922 nd the final estimate allowed July 19th., 1922 should be and the same are
hereby in all things, ratified, confirmed and approved.
_k�
1922. Continued.
Property owners residing gn Fifteenth Street River Park from Mishawaka
Avenue to Pleasant Street "geared before the Board and filed petition foa water main
on said street. Same read and "referred to the Water Department.
Petition filed for light at the corner of Main Street add Calvert
Street. Same read and referred to Pole and Wire Inspector for report.
The following plat of Signal Hill was approved by the Board with
the following dedication:
This plat constituting Signal Hill, and Addition to the City
of South Bend, is platted from the following described real estate in St. Joseph
County, Indiana, to -wits -
All of that patt.of the South east quarter of the Northwest
quarter of Section No. 1. Township No. 37 North of Range No. 2 East, that is bounded
on the Nortboast by Niles Avenue; on the southwest by the right of way of the Michigan
Central Railway Company; on the South by the North Line of Howard Street; and on the
Northwest by a parcel of land formerly owned by Susan Leeper, being one-half acre
conveyed to her by the South Bend Cement Company by Deed dated June loth., 1891,..and
recorded in Deed Record 86p page 358 of the records of said County, and all now within
and a part of the City of South Bend.
The dimensions of the lots, streets and alleys are so marked on
the plat in feet, All streets and alleys contained in said plat are hereby dedicated
to the public as public highways forever.
In Witness whereof the St. Joseph Loan and Trust,Company,
Trustee has hereunto set it taut tame and seal this 31st. day of July 1921.
ST. JOSEPH LOAN AND TRUST COMPANY, TRUSTEE
BY ROME C. STEPHENSON,
President.
STATE OF INDIANA
ST. JOSEPH COUNTY �SS
Before,me, a Notary Public in and for said County and State,
this 31st, day of July 19229 personally appeared Rome C. Stephenson, President of the
St. Joseph Loan and Trust Capany, and for and on behalf of said Company being so
authorized to do, acknowledged the execution of the foregoing plat and dedication.
Seal My Commission expires Nov. 17,1922.
WM. R. HAPP
Notary Public
APPROVED
AUG. 991922.
BOARD OF PUBLIC WORKS
BY L. B. SLAUGHTER
Concerning thepetition filed August 7th., 1922 and referred to
ke City Engineer on August 8th.9 for change of type of material on North Shore Drive,
was reported on as followsse
August 8#1922.
Board of Public Works,
South Bend, Indiana.
Dear Sirs: -
We have investigated the attached petition, and find that it contains the
signatures of a majority of the resident freeholders residing on North Shor& Drive
and Lafayette Street within the limits designated.
FILED
BUG. 991922.
BOARD OF PUBLIC WORKS.
BY L. B. SLAUGHTER.
Yours very truly,
FREDERICK J. ANDERSON
City Engineer.
Concerning the improvement of the roadway of North Shore Drive
from Michigan Street to 150 feet west of Lafayette Street and Lafayette Street from
North Shore Drive to 1st. alley North in pursuance to Resolution No.997 the petitia
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 constitu
a majority in number of the freeholders residing upon said street to be improved, that
said petition is sufficient and it is therefore considered, and adjudged that said
improvement be made with Emulsified Asphaltic concrete the kind of pavement requested in
said petition; and the City Engineer reports that the Emulsified Asphalt Company is the
lowest and best bidder for said kind.of.pavements and the Board do finds, and°lets
Dhe contract for said improvement to him, and orders that said improvement to be made
with emulsified asphaltic concrete and all proceedings heretofore had fn this matter
are hereby confirmed and -ratified.
L. B. SLAUGHTER
Attested;_ BOARD OF PUBLIC WORKS. L. P. HARDY
ALBERT F. HONER
Veronisa eleSwe
rrk oiegoard.
Dated this 9th. day of August 1922.
st 9th.. 1
The following communication and deed from the Studebaker
Corporation was approved by the PiBoard.
Beard of Public,Works,
City of South Bend,
August 8,1922.
Re, Northeast Cvnner Prairie Avenue and
Sample Street.
} We hand herewith a deed from the Studebaker Corporation tothe
City of South Bend fr the Southwest Corner of Lot No 20, Swygart's Sub -Division
to the (ity,of South Bend, which is on the Northeast corner at the intersection
of Prairie Avenue and Semple Street.
In accordance with our conference some days ago, it is under-
stood and agreed that the Studebaker Corporation is donating this land upon the
condition that the City improve the same by paving and putting in sidewalk and cub
curb without expense or cost to the Studebaker Corporation.
In order to make a record for eur file, kindly note your
acceptance of the deed enclosed upon the condition named herein on the cppy
of this letter.
E. W. STRICKLAND
Law Department
We accept the deed to real estate above on the condition
named in this letter.
BOARD OF PUBLIC WORKS OF THE CITY
OF SOUTH BEND
APPROVED BY L. B. SLAUGHTER, Pres.
AUG. 901922. -
BOARD OF PUBLICWORKS
BY L. B. Slaughter
President.
WARRANTY DEED,
THIS INDENTURE WITMESSETH, that the Studebaker Corporation, a'coppor-r
ation organized and existing under #,nd by virtue of the laws of the State of New
Jersey, with offices at South Bend,.St. Joseph County, Indiana, convey and
warrants to the City of South Bend, St. Joseph County, State of Indiana, for the
sum of One ($1.00) Dollar and other valuable consideration the following real
estate in St. Joseph County, in the State of Indiana, to -wit: -
Beginning at a point at the southwest corner
of lot No. 209 Swygart's Sub -Division to the
City of South Bend; thence in a northeasterly
direction along the West line of said lot
a distance of twenty -eight (28) feet; thence i
in a southeasterly direction on the are of A
eireM with a radius of seventeen (17) feet to
a point, on the south line of said lot twenty-
eight (28) feet east of the southwest corner
thereof; thence west to the place of beginning.
Subject however, to the condition that grantee improve and
use said,property for street purposes, and covenants for itself, its successors
and assigns, that it is lawfully seised of the premises, has good -right to convey
the same and guarantees the Quiet possession thoreof; that the same are free from
all encumbrances and that it Will warrant and defend the title to the same'
against all lawful 'claims.
IN WITNESS WHEREOF , The Studebaker Corporation has caused
these presents to be executed and to be signed by its President and its corporate
seal to be affixed hereto this 7th. day of August, 1922.
Attest:- THE STUDEBAKER CORPORATION
BY A. R. ERSKINE
A. J. RUMPF,
Secretary President.
Form O.K.
J. Be C.
STATE OF INDIANA
COUNTY OF ST. JOSEPH )SS
Before me, ttie undersigned, A Notary Public in and for
said County, came Albert Russell Erskine, President of the Steudbekaer Corporation
and acknowledged the execution of`the above deed on beh&lf of said Corporation.
WITNESS my hand and notarial•seal this 7th. day of August,
1922 -
33.7
(S E A L ) ELIAS W. STICKL-AND
Notary Public
/My Commission expires June 15,1925.
APPROVED
AUG. 9, 922.
BOARD OF PUBLIC WORKS.
BY L. B. SLAUGHTER
President.
Petition filed for pavement on Marine Street from Indiana Avenue to
Calvert Street. Read and placed on file.
City Engineer filed the estimated costs.
Grading of Division Street from Olive Street to West, City
Limits at.......,... 4*365.00
Pavement on Dayton Street from Marine Street to,Leer Street
at................. 49770.00
Pavement on City Hall Court from Michigan Street to first alley
West of Michigan Street also the f rst alley west of Michigan Street from Colfax
Avenue to La Salle Avenue at....$ 31,850.00
Partial estimate No. 1 allowed Williston Construction Company
for the pavement on alley north of Lincoln Way West from Leland Avenue to alley east
of Wood Street.
Engineer filed assessment roll and final estimate for Grade, urb
and walk on Brookfield Street from°Humboldt Street to South line of C. R. Smiths
Addition under Improvement Resolution No. 950. In the City of South Bend, Indiana.
Resolved that aatices-as to.the amounts of..assessments be published
on the 11th. day of August 1922 and on the 18th. day of August 1922 in the South
Bend News Times a D South Bend Tribune, stathng that.this Board will give a hearing
on the amounts of assessments at, its office -in the City Hall on the 6th. day of
September 1922 at 7:15 P.M..
Resolved further that the entire work under the above contract be
accepted and approved and the final estimate thereon allowed.
Engineer filed assessment roll and final estimate for Grade, curb
and walk.on Donald Street from Leer Street to Kline Street, under Improvement Resolu-
tion No. 9339 in the City of South Bend, Indiana.
Resolved that notices as tothe assessments be published on the
llth, day of August 1922 and on the 18th. day of August 1922 in the South Bend Daily
Tribune and News Times, stating that this Boardd will give a hearing on the amounts
of such assessments at its office in the City Hall on the 6th. day of September
1922 at 7:15 P.M.
Resolved further that the entire work under the above contract be
accepted and approved and the final estimate thereon allowed.
Engineer filed assessment roll and final estimate for pipe sewer
on Marietta Street frmm Indiana Avenue to Dubail Avenue, under Improvement Resolution
No. 978. IN the. City of South Bend, Indiana. 4
Resolved that the entire work done under the above resolution and
the contract let thereunder 'do in all things accepted and approved and that said
final estimate be allowed.
Resolved that said notices in form required by law be published
on the llth. day of August 1922 and on the 18th. day of August 1922 in the South
Bend Tribune --and South Bend News Times, newspapers of general circulation in this
City, satin,;: ahCtfting the pith. day of September 1922 at 7:15 P.M. at the office
of said Board lu the City Hell, . South Bend, Indiana as the time and place when this
Board will receive and hear remonstrances against the amounts assessed against each
of the lots and parcels of land on said roll and will hear and determine whether such
lots and parcels of land will be specially benefitted by said improvement by the
amounts stated and set forth in said roll.
3,38-
Engineer filed assessment roll and final estimate for water connec
bnoss on Bowman Street from Miami Street to Studebaker Park under Improvement.
Resolution No. 1005, In the City of South Bend, Indiana.
Resolved that notices as to the assessments be published on the
llth. day of August 1922 and on the 18th. day of August 1922 in the South Bend
News Times and South Bend Tribune, aewspapers.of general circulation in said City,
stating that this Board will ggive a hearing on the amounts of such assessments
at its office in the City Hall on the 6th. day of September 1922 at 7:15 P.M.
Resolved further that the entire work under the above contract be
accepted and approved and the final estimate thereon allowed.
The following contracts and bonds were approved by the Board.
PUBLIC IMPROVEMENT CONTRACT.
THIS AGREEMENT, Made and entered into this 7th. day of August
1922 by and between 1. L. Davis & Son of the County of St. Joseph and.State-of
Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend
In the Count of St. Joseph , and State of Indiana by and through its.Board.of....
Public Worksthereinafter referred to as the " City*)p under and by virtue of an
Act of the General Asseipbly of tie Stale o ` than , t " O ng
Municipal Corporations, aPP�prove Mare 6, an aff �`z�c�ato
mental acts thereto: ry
Witnesseth, that the contractor covenants and agrees to construa
grade, curb and walk on Fourth Street from Mishawaka Avenue to First alley south
of Vine Street, in the City of.South Bend, Indiana at and for the following prices:
1804 lin..ft. of curbing 6X7X16 per lin ft.........$.30
3751 cu. yd. of grading per cu. yd. .60
,8070 sq. ft. of cement walk per sq. ft. .13
P6944 4 44 W04 In tha,tar` ry'r = ti e ai sai4 i€> provement t3n.4px� and *,C i r to torxalg ard con,
lP1V6V�l� #`PNff5tt K*.....9.99 - - adt pt - by the Boat of PuhEi i ork� .June �2091922
i1 f %to, PtW14 0kV OM ii1a in the o#hce o t1 e epar met t of r t 0,1104440, pttA,1f0 O,O axe trade a part hereof as fully and effegtually an if copied &n
t out WtAft O4 hill 1,�figfh,
ill' & tt{;x�;0ttit' ftlrtl et. r,xftfcat~ly covenant-, and agrees that in the prosecution of sad vt�Qr� &11 prap��
ttfff i` ill i�it � t� u, tfrlt h ;.tl p"Oi1?r v . 3. 2` d p--o+-C.t all excavatipns and iangerous piac@@
and '>li1 off. all dtfC and 1`t^*)<•r p a 1 on t7 r v nt injury rO Ar per -on or ronart
R� P Y Y P p= y; that in the event
4hy }fijtti O tiattl+fie reNti, lit1 trc:sA, tt' C.r^ or re!;ui iry from a. V matter Or thing connected ther��y3t(� Pr
g1'l�itt 1iief' frH#rt, ir, dtt,+ tiv d -i or nr ,perry, h� li nay ar-i li�._,idate the same at his own expense, and as-
sitrnt lie liability t#1crefot ; aar�d in the c'rent of any claim or claims being rude or any action, or actions heir
iltoL lglit gg'a.inst the city by reason or on account of or growing out of s-.id 'v�ork or its construction, the sal
tptractor xvill at his own rxpense defend the same, and vrill pay any judgment recovered therein; and will in
411 rt'ttttects fully indemniEy and save harmless said city, its oKeers, agents or representatives from all cost
peflha; ttaymdnt or iudgment recovered in connection with such claim or claims', action or actions. And it .
Withill.ten dity8 after ally ;atich action is begun, the city shall notify the contractor of the pendency thereof,
ft,m oy it.,4p t1!u It rr�"Jered against the city shall be conclusive against the contractor and against the surety
,&a Lin von trueti0lt hczrA, ant to th— axnotlrit, liability and other matters pertaining thereto, _
Atic1 t11-- CC>Iit?'s.ctnr 2grccs t`7 i-nali7fa.lY- sald IYIprO %ert';� tt Z.,:� i?z.:,e �tiCh wpairs as may be necessary-;
th( pf-1 j'o i a.rld m t,,:'- m�.nl:cx a, f;xf:;l by t1.e spe61l cations, and to sec...re t11e nianitcra.nce and repair thereo= f I With the ) lid c; t'7iiliic v �c,rl;S 2, bo:7d Wi+` s:f`CieP.t Sl r ty thcrec,i and in an arnount as fixed bV =lie
st: r k it Fvorl: the' eor t l ! ractor and the surety on his guarantee, b^ d s a}t be
t:., t12-. city a.rct !!)Y W her person for any ;nji_ry or damage to any }per n or pro-p-
Fi u! 1.1111,r in1 to the, same Pit<':7t as is fixed in the last preceding paragraph covering tl ccri>-
stJrictirfti work. '
r! It is Il'oftr >
(vor,if(trt r)t tl�r� ,r„ ri-. ,.,- it l -_:s th -t the acceptance of the lvork Provided for in t.f
4 , ( it'e part Of the city of ally of the r,, I: •..
7!rJi,' (f lr - � i:ltt�. +`f r .r nr � , 11 t
i - - ( t;^. C. �l 4 Oi- l' s b -d 1 Ir th f?.'rl,lifSll. eriti 5ilall the zccet, f { P
f -,- provision of i r (1,1 to i h,' extent "': -.
1 ' I'lle d or : « to be Used in the 1 1-. <;.
�17r l) it 1'.1 t 1 1:• It -r .l ti. r t,.>I'1 , C(' of i iS ( lt`-iJr i r
I_.Lcr d..... or fur Obeli for hint. or Ili +
tli (1i silfr• (+IIIJ .-tor, and ihe.. city 1.7.3y r-tserN'_ O:.'t CA' .ary al'o"Varice r 5'alle on ally
D1 f' 4Or fA 01,; r l Ai12d, l ?i (ir 1 = aSsi -ls, or o'it of fl)e ri'
�f tl � oi:nt rue hie or his 2ssigns upon the (, -` t•,•ni h, (` j. 7 iii ? - Tj� � r
c s ary to pay all `:Jbore;s or ma.teriai men for ar2cuilts due
`w(Ac, done or ms.tor;a1C us(-(! or iar .lshed to be oscd . , tl':f'. EraOrt'.,�,/ ra ..!'
1 ;i l n, cc,TA1 ' ce of this coot, ct tatnd the d li
LI °�Jrfr, 2Ct1I1�' aS Cty #r :'S1`,':r, 1:.ay retmn mcvtcy cc-S -:teal frcm }.ro _Y
tol' said 11.7 p ve;acat tO }lay si1Ct1 i •` ". C:r 7.'- . `a tile. Cf C :..r c;;,3z S -0-at they have,
}1"
,
The ci®r1t aP rr agrees to rc,(w -e a.11 •rubbish. earth, and +.liaised material in the streets or side% th-rc4
upon 01t, ptol-7l letiorl of 44 tails rcp,t,sin * tl±ereof.
t r 'fir f IP zi t tts l£3 l.tJ t ttL ti 1? i J:) t iattt. Strsi.11 1?( sit . _)ifted acctlrcling try <.-&;e tcrr_ms of this contract tilt irr
fie �fY#f i i,,�.: •, , .:
ttsi1317t3 i f. ittt e fill tlif�'-i'sl t l:.. •if .,f < ;•;r.- s11a11 b(-! Fs�<C;;;;..;t_��.___- 't..."'..'_"'_._._..._..___....,._,......, e.}
1#if it �'t (,:•rf f#r.,i :,. t n v y 7 'r•e B -rd of P'ubtic Works.
e or s,r , :,1, �fo : of . , + or of the manner his
nie h.,
! nit + +{#' ;. :¢!!.i:�t Ytlt , ';i4:3 tt it! i 1 if/''ES1 .: ( �ff :tft $, CrUl1 T xti }i S Ur li (. !f S of the contractor or his sure.
LhiS M� 7 ra.Ct. or suh-let the Work OI' any part thereof to
)!, (.t9 fa f .i=:t i,✓t t.17 ,, } i't, \v - i - _J I, (,f ht;( 1711or!_s.
(..rin�rnwlor c%',d.tl � . J r -' tCPtfl Of �•�.td City and i ':ity
,r
.i ; - .Nary in #l7 pt-r* _.. �r of this co--:11•r ct, .n.d failing to so,
ft,t j: Ji ttt l i`t' l tl i %n i_I (rt f!(1l :..� for each 'Fa t � / P - a i.trc o c t�serve this st-, tzl^ icin.
Atl j ll9jif ti t "{ it i iii ) I, (." ,t I iht, t ;.rmq ..anti C(n,c'. Tons of this CCni-rd.C#, a`;.ti thing's, tO be done and d a rr-rJs to Catise the cost of doing S+,.Cif Wor to he 2 ssed, Col-
1, t °= .,i,p i,•;id to si;.t(i ie( oll',',f;wr in thx, nmlil.rtei, fixed by the statute governing the m.al :.g of „tick ianprove-
Ll-" n, t ti.
To mtt,1 of thu t';rtrWltiWIn'� 'M'd stiptllahOns of this contract, inch,ding all <r ( 1', vlar the provisions a-sid
tov t.is (,i' thit ,}1r.1`t5 pro i c( `t...t..:f) s and resolution T "i l
8 r� a ":� ' n $t:C ;.'S .d, tit',
wool tip fE , pt'"Jv+ S23c fr , v; , Or as sr�tts or such parties.
Wednesday August 9th.9 1922. Continued.
I:n Testimony Whwreof, We, the foregoing named parties, hereunto
set our hands this 7th. day of August 1922. H• L. DAVIS & SON
BY L B. SLAUG R
L. P. HARDY
Its AROW gf Pine Works. CUDIS)li'R'ltC°li'ION B0,112D
If. ^w S , _ That we. ----- --H - sw---lDavis---&---r4'p4............ .
of the, C;cx-�.;tjr cf _......._._......__...... y_..�jfsBlRp-------------- State of ..................... ... ..Indeiana
. <F<S r rtl3c.F
p;l, b.nd........................Hartford.----Qom9 ny_...__ .........
of the County of......._.... .............. _.... ....._.._. -------------------------and State of---- ...... ..C.O-nne.C-ti.ctlt...... ,.._.,....,_......
,,
as sureties, are held and firmly bound to the City of SDath Pend, Indiana, in the sari•of........... 9AA...,..._........_.„ .
'�'.+iAtis$1td.-llille_.._hllnSe ---ikwelit+y'-----_--------------------------------------------- ------------Dollar s ( 1,920.170'•.
for the payment of which,well and truly to be made, we jointly and severally bird ourselves, otix l.c�, ->,
e;-zcc:utors, adrninstrators and assigns, firmly by t.hes:° presertcs.
The conditions of the obligation are such that if the above named .... ..........
faithfuiiy comply with the foregoing contract,
mad@ ftml cnter�_A into d,1(;.._...... ....7th - ._.._-._._..-_ __. d4 Au�ust.:.�,
with the City of South er.�, fn.lzanz rand shall f,.._ii alr Liv� conditions and stipulations therein contained,
accordin to the trite intent and 1nea�i=rg th eof, in all resit--.ts, then this obligation to ba void, otherwise
to be art remain in full iorce and virtue in lava. In the eve:.. the szid City shall extend the time for the
Completion of said work, such extension small not in aay way release the sureties on this bond.
This shall be a construction bond., and the sure -'es on the same shall not be held responsible for the
malntenance and repair of the improvement after It his been accept._.d by the second party, but such sureties
shall be h@ld responsible for the .fait'4ul compliance with 4 1 other conditions, stipulations and requirements
cov@rtd by or get out in thj: cbntrz.ct. .
WITNESS our hands and seals this ............7&h#........ .VARY pj,ioT..- - .........__, >MUU922-.,,:• 1Q..
............................(SEAL) . .Hertfordx... ccident�rap�nd .Inde�,t��
....BY _O....L... DAVIS.............................. ....(S AL) ......�.t...w�...G n .At;t„ . facer.....( XA��.
Q t"e
The above bond approved this..-- Ath —..... .....day of......... Aug1.40...�:l��dinue.�!
L. B. SLAUGHTER
L.
_. _
P. HARD
ALBERT F. HONER.
Board of Public NVorltk
PUBLIC IMPROVEMENT CONTRACT.
This Agreement, made and entered Mtn into this 7th. day Of
August 1922 by and between H. L. Davis & Son of the Coutty of St Joseph and State of
Indiana, (hereinafter referred to as the " Contractor"),, and the City of South Bend,
In the County of Ste Joseph,.and State of Indiana., by and through its Board of Public
Works , (hereinafter referred to as the " City"), under and by virtue of an Act of the
General Assemba.y of the State of Indiana, entitled " An Act Concerning Municipal Cor-
portions, " approved March 6919059 and all amendatory and supplemental acts thereto!
Witnesseth, that the contractor covenants and agrees to..construct
grade, curb and walk on Sixteenth Street from Mishawaka Avenue to Grand Trunk Railraod,
In the City of South Bend, Indiana t and for the Following prices:-
4266 lin. ft, of grading 6X7X16 per lin ft. $.27
8276 cu. yds. of curbing per lin ft. .<<
18960 sq. ft. of cement walk per sq, fte
and to perform all work in the prosecution of said improvement under and according to the terms eni
ditions of Improvement Resolution No.adopted by.the Board of Public Works.,Aguat...L l922.
and the plans, profile and specifications on file in the office of the Department of Public Works, which said
resolution,. plans, profile and specifications are made a part hereof as fully and effectually as if copied and
set out herein at full length.
The contractor further expressly covenants and agrees that in the prosecution of said work all proper
skill and iare -,will be exercised;that he -will properly and pro`-ct all excavations and dangerous places,
and will use all due and proper precaution to prevent injury +.i :ny person or property; that in the event gf
any injury or damage resulting from the w-?r': or resulting from any matter or thing connected therewith or
arising therefrom, to any person or property, he V-'Ill r.2y aT-1 lie'tidate the same at his ovan expense, and as-
sume the liability therefor; and in the event of any claim or claims being made or any action or actions being
brought against the city by reason or on account of or growing out of s, A work or its construction, the said
contractor will at his own expense defend the same, and :rill pay any judgment recovered therein' and will in
all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
expense, payment, or judgment iecovered-in connection with such claim or claims, action or actions. And J
within ten days after any such action is begun, the city shall notify the contractor of the penfiency thereof,
then afiy judgment rendered against the city shall he conclusive against the contractor and against the siiroty
on lCa9�i W�?7,Ptructioaa 4u!, d?was to for am,ount;lia lit gild othcr ratios pe taiui. ipr aG r?a f 7 eC:;��?.
_ t t a i y.,
the period at d tit tl.t ; r �+ t r:t by i ne s»Pcifications, and to `secure tiie maintenance and rtpaiz ri reoi
to file with t"-te Poard c f I t.Wic Vi or3-s s b4t id with su"kient surety thereon and in an amount as fixerl by the
spc�ifiications. And it, doitig stick rc i s it v.,ork the contractor and the surety on his guarantee bond shall be
s'ct to the sate liability to the city and any other person for any injury o
aW�r damage to any pers,:.n or piop-
erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
struction work.
Ai,d it is further agreed by and between said part—s that the acceptance of the work provided for in this
contract, or the payment thercacf, shill not coi_stitute a waiver on the part of the city of any of the provis-
lot s of this contract, nor shall it rJea:;e said ccntr .ctor or the sureties on his bond for the faithful perform -
At -ice thereof; nor shall the acceptance be prir._a facie evidence of the performance of any provision of this
C011trUt, Wept tea the e tcnt of entidirg the contractor to the contract price therefor.
The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
such i-ilwovement and in the performance of this contract, whether done or furnished for him, or his agent,
assignee, stio,v,,,,sor or subcontractor; and the city may reserve out of any allowance rude on any estimate
to favor of the Contractor or 1— assigns,, or out of the aniount due him or his assigns upon the completion
of the work, so riiuch as m Y cessary to pay all laborers or material men- for amounts due them for
work done or materials Used or furnished to be used in the performance of this contract and the doing of
said Nvtr rk., and tfxe county trcasurer, acting as city treasurer, may retain money collected from property
owiwrs a.ssc.ss d for said improvement to pay such dcois or trait the eontractur s1 ow,5 that they have been
'1e co; -,t--a'or agi7ets: to rerno--� all ru))-ishj earth, and unl�spd wateriml in the stmtg or sid0i
upon the completion of the irnvro,7-,na-_:ot or the repairing thereof.
The work of making such improvwmcnt shall he cora?leted according to the terrnx'of this Contract on 01
beforethe ................................ ................... ----------------------- -day of _-- ......... ___ ......... ------- _;'___._..' 19'._ ..... $
unless the time for the completion of the sar, shall be ext.en(?Vild in wrtl -.g by fhr Exirrt M Public Wort-s.
And it is agreed that any such exten5ion of time, or anv altera-tion of this c-nfract or of th-, manner cr rm!th..
od of doing such work shall in no way affect the duties, obligations or)ipbilities of the contractor or his sure-
ties.
It is agreed that the contractor shall not assign #h;,; W t' or silb-let the work or any part thereof to
be done hereunder, withort the i;rit e1i co:,!., -!11 of th"., r �"'l (4 P� "-)Ic Works.
It is further agreed a,-d �stipul�?*eA tt,,t ryi-,,e to residents of said city and cn
preferen4ce in the employmc-it of nit'lal-)or iiecessary tb of this contract, and failing- to k:.) so,
In 1' pertormar-ce
shall forieit to the city the sum of ten dollars for each failure to observe this stipulation.
And upon the performance of all tlie terms and conditions of this contract, and things to be done a,.:,]
perforyned by said contractor the said city agrees to cause the cost- of doing such work to be assessed, col-
lected vmJ paid to said contractor in the manner fixe4 by the statute, governing the making of such improve-
*&erats,
To each of the conditions and stipulations of this contract, including all and singular the. provisions and
terms of the plans, profile, -specifications and resolution aforesaid, the undersigned binds himself or itself
and the r_,iective successor or assi,�rvs-of s1!Ch-:parties,
In Testimony Whereof, We, the foregoing named parties, hereunto
set our hands this 7th. day of August 1922.
CITY OF SOUTH BIND, INDIANA H. L. DAVIS & SON
BY L. B. SLAUGHTER BY 0, L. DAVIS
L. P. HARDY Contractors
ALBERT F. HONER
Its Board of Public Works
It
.� Jowh ........ SL_ iF of --- .........
Hartford Aeqjft A4� .. Indemnit,y Compa!q . . .....
........ --- — ------------ ard State oL-._C9nneoticut,_--
fe, tl�ii at tl!e of.._Mhree. thousand
y of So iknd,
three hundred fifty :__six ---
----------- 3 356. M
v.'!-"cK vVc"I -d to '_-e tnade, we joint1j, +v, k_-",
ly by 01--c-se presents.
Ale t-,,&t if the. abrve rm--rred----
-------------- vvlak tho figk'-egolng
made and. enter into t%e -------- _7th - ----------------- - dash ---------
with the City of South fndian- and shall fulill alth- conditions MIA
according to the true iy-tent and thereof, in all respc:t8, then this ob_IiWatlon to bit Mid, bthetvhe
to be and remain in flall force and virtue In law. "I'n-the eve.--- the s:nd City shall extend the tune iot the.
completion of said work, such evtension shad not in any way release the sureties on this bond. . :. :x r
This shall be a construction bond, and the sureties on the sate shall not be held ft§pbftM1bl0 for the
maintenance and repair of the improvernent after it h-is been accepted by the atcond party,htit "such, sureties
shall be held responsible for the fait'-U compliance with All other cofiditi6ria, sttipittl' tiot.,S- and f&quftewcnt,,`
covC rcd by or set out in tke contract,
our hands ard seals this -------- _3102-....------_...._.day of ... . .......
------- ... ........... •(SPAL)
L. "IS Company CS
------------- ----------- ----- .......... ... ..
-- ------- Gins— -At t�rlwfact.
Aug_u.s_t_l922__P
......... JS�U "_.B� ---- f
L. P. HARDY
ALBERT-F----K0ME1Z-----_
The flollowing petition received and Clerk instructed to have Cik
Attorney furnish Board with an opinion as to whther the Penn R. R. would get tit&
to one h4r of this alley, if vamted or if entire alleycould be transferred to
owners or lots ajoining on sou E*TJW�qj %JLO.Ju 1922)
The Board of Public Work Citi. d%
Wee US Man faoturer Took & SUDDJV�19 Company, hereby hand youa,
Pp y
alefhwhich4s lorted on t o?eMwMst sAd&jf-,otr lot
pe�iaonitt ails? the 1 � ffatal e nor -wes corner a an ver Strees
an a 0 a o n ng o r
We Mits reauest so a to se,yr acess to the Pennsflvania RailwAy switch.
Timail 0 e 11 Y,,s ft. Ion nnint FromaloeZ S1 t to 1e
tsisec? on opNket?ffst at nork. Beyofid OR n ersec on, trie 1110 s W
closed we toe.Tetltioners Neve iU ca�osec
se no hir �i the adjoinin
ion feel
atj,,ad BMW, re'911ay morneeaseext0f valu o e as thitioon 114" 1571TY, - UP
developing into a wholesale a mayffacturing, dtfitrict
a h t 1%cat n r chof pr sRt
roperty lines, an.1hTocatMeneof r1alas FPR0nAnsyfv§n1Yae Kaullwaye e4ftch 0 wk? we WIS
to gain access. We pray that you will grant this petition,
MANUFACTURZRS' TO8&MPAfi1PPLY
E. R. STODDARD
Director.
The following resolutions wereadoptedby the Board.
LOCAL SEWER IMPROVEMENT RESOLUTION NO. 1040.
Resolved by the Board of .Public Works of the City of South Bonds
County of St. Josephs State of Indiana,, That the construction of a local sewers intended
and adapted only for local use by the property .holders whose property abuts thereon, and
not intended or adapted for receiving sewerage from collateral drains, be and the same
is hereby ordered in and along Scott Street from Indiana Avenue to the Terre Haute
and Logansport R. R. as follows, to-wit:-
Begi nning at the intersection of the center line
of Indiana Avenue and Scott Street; thence north long the center line of Scott Street
to the south line of the . Terre Haute and Logansport R. R, with a ten (10) inch vitrified
pipe sewers, Yogether iiththe ne essary manholes, storm water inlets, conduits and house
connections to the curb line along the line of said improvements all as is more partioularl
shown and all in acoordan a with The plans, profiles; detail drawings and specifications
on file in the office 'of the Department;ublic Works of the City Of South Bond,
Indiana.
W-4 bewor, with all its appurterjances ahall be constructed in -accordance with the profile and spo-efficatione
on Ifte in tho of!leo of the Dap�ti,tweat of Public Worlm of said City. The cost of said improvement sh41
'0e-i apportioned agair-ot and paid by the p-onerty holders whose property abuts thereon, and upon the City of
6-juth Bond It the uxty is branc-flted by said lmuyovevnent, all according to the method and manner provided for
.4 Act of the General Assembly of the Ste to of L_ldiana, entitled "An Act Concerning Municipal Corporations,"
;,Pproyod March U, 1905, Aszesaments. it deterred. are to he paid in ten equal annual installments, with in-
teivoot at the raw of Six per cent per annum. A 'bond or bonds shall be iSSLed to the contractor in payment for
Nxich work, unless the pi olaerty owfierz 1c,y said a7?-?g= --ents bet,,)ie said bo-.d or bonds are issued. Under no
olmumutv,"�oo shall the City of South Bend be or be -.-aid resnonsible for any sum or sums due from said prop-
:;l ty ownor or ovrzlers for so'd work. or fo- the _,ollectfon of sarip, of far the payment of any bond 'fir bonds,
t>.Irtlftcatu or certificate%;, issued to s^id curtret`or in Tj,%vT--ert f-- such work. exceDt for such moneys as shall
hnVe been actvally recsivsO by the City f3m the asses T-lants for such improve-erit, or such imonoys as g0d
04t,y is by said 1171-,ove entitled Act. re:mirAd to pay. Al! nroce-edings had, and work done in the making of _laid
of nrc,r�rty, collections of ass _*rents and issue -nee of bimds therefor, shall be as
DroviOnd for in ss-ld alcove Act.
o too of this raoQlution F. -.1 lhl�*,','Cal ont7-C__ day of -------- lufaaki 2 Lon -,ae
4
At 'rcy,d Daft 1, ews" n!
A-1A ---- --
vhc�iring on this i-emolution at its o, ce In fto City 17�111'c-a the --y of..-...._-...---- --922
10 ........... at 7,15 P. M.
Adr-,*erl this .... . I ..... -AUguat-1922a ... ......
L. B. SLAUGHTER
BOARD OF PUBLIC WORKS L. P. HARDY
Attested:- Clerk of Boird: Veronica Ce Sweeney ALBERT P. HONER*
STREET OR ALLEY IMPROVEMENT RESOLUTION NO.
10410
Be It Ref lved 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
Huey Street from Lincoln Way West to Elwood Avenue as follows, to -wit: -
By grading a strip
six (6) feet on each side of the center line, and constructinga ravel roadway six (6)
jun ay es to Erjjod AXpaellail &I is
.inches Alck anI tialvi Tjej widg fgomck1wnv1ntj, 69
more par cullf y Ow AVa n ac or an e_pjLan pro es, raw ngs
and specifications om file in the office of the Department of Public Works of the City
of South Bend* Indiana.a
11he awt of the Improvemwit herWh Wovsded,tan owept KrA and alley intersections,
shall be paid by
special assessment to be levied upon the property specially benefitteO, to the amount that the same may be leg-
ally assessed therefor, hi'acciordan - ce with an Act , of the General: Asuem" bly of the State of Indiana, entitled
"An Act Concerning, MunidpsLl C pursuant
o�rporatjons," approved March 6, 1"U, and ttt v�ocordance with and purs nt
to ?Aa provisions at all acts anmubdoW and suvptemental thereto.
The cost of all street and alley tntersection i, including one-half of the width of the mirror, n_w-at op
no
sr,w Street and alleys which "nu into, but do not crc23 z,4d roadway -herein propozad to be L, roved d and Mat
pr--tIon of such street or alley abutting upw.0 prczerty belon-ging to said City, or upon property not sub�ect to
such Azzzessm-cnt, shall be paid by the City in cash out of Its general fu-di if able to do so, or from a fund cre-
ated by a sl,-,ecial assessment to be !-avied under the pr-ovisiona of fiction 103 of the above entitled Act.
Asseasmeutq of ten dol.Wrs and more against each lot, it deferred, are to be paid in ten equal annual In-
;ftllments, with interest at the rate. of Six per cent per annum. A bond or bonds will be issued to tUe con-
t.r- ttor to the amount of such deferred assessments in pro rata pay. -Lent toi- such improvement.
Under no circumstances shall the city of South Bend be, or be held responsible for airy sum or 1as
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 cert cates, issued to sadd cr-oatractor in payT -ent "or sucli work, except for such.
me loys as shall have actually been received by the City from the assessments for such i,�j_)roveinent, or such
as. said City is by said entitled Act and amendment and suppleineats thereto required to pay. All
pro-c—edings had, and work done in -the making of said i=i).rovem. ent, asses=mejat of property, collecti4wi of as-7
ec-'=Ients and issuance of bonds therefor, shall be as provided for in said above eatitled Act, and Acts amend-
-W-037 thereof and supplemental thereto.
P133 IT FURTjjR SOLVED, That the Bmrd of rt:mite six XM4 ......... (of
I IP ....... . t t o hour of 715 P. 11., at thc� ciflce of the y3tm
... ........ AUS rd or p+ We
Works, of this City, as the time aud place for t-"- public consideration of said propDsted lriprovornm't, at rhiah
said Doard of Publ4c Works will 12ar all persons tntc-restec I
d, or whc-m prol.orty is liable. to be ass,,3,zod for ,I'd
improvement, and will decide whether the ban-afita to thi�PrQr-ertY liable to be assessed for said lmpro-vtArawnt
will equal the est,=nAcd ce-st thereot.
BE IT F1 I-ITHH211 £Y Ci.i D, Tit notice of the time and place of such public consideration 'T
115he-il mail 1he=f�nar pr by law. Notion of thta resolution shall bo published on the.
day of Uimday 0f--AAgU3t----- tQ2-., in the South Dmil Dan7Tiib13jie_ & News Times
t A! XP
BOARD OF PUBLIC WORKS L. B-.SLAUGHTERL. Po HARDY
Attested:- ALBERT F. HONER
Veronica C. Sweeney
Clerk of Board.
342
Wednesday August 9th.9 1922. Continued.
Engineer Filed roll d'f arawards of damages and assessments of bene-
fits under Vacation Resolution No. 56 for the Vacation of alley in Rankert s and
Eggleston's Sub -Division under Vacation Resolution No. 56, in the City of South
Bend, Indiana.
The Board has ordered that notices of such awards of damages and
assessments of benefits be served according to law, and that a hearing.be had on
the 23rd. day of August 1922 at 7:15 P.M, for the purpose of hearing or receiving
objections of and persons interested in said matter.
Claims approved as follows:-
W.A. Slick, Treas., $177.17
Herr & Herr Co. 2.85
H. L. Loehr Dec. Co. 4.75
So. Bend Tribune 78.81
Herr & Herr Co. .55
City Water Works 8.32
Nathan S. Marsh 5.00
The Tuttle Corporation 11.00
Veronica C. Sweeney .89
Attested:-
.
Clerk of the Board. President oard.•