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HomeMy WebLinkAbout08/16/1922 Board of Public Works Minutes3-48 Wednesday August 16th.9 1922. Contin e Board met .in re ular session at 7:15 P.M. L. B. Slaughter President absent. L. P. Hardy, Vice�Presi ent Acting President. . Hearing had on resolution for Pavement on City Hall Court from Michigan Street to the first alley west of Michigan Street also the first alley west of Michigan Street from Colfax Avenue to La Salle Avenue, under Improvement Resolution No. 1018. In the City of South Bend, Indiana. Upon said hearing 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 regdlu.tipn as orignally adopted, s and the same is hereby in all things, ratified$ confirmed and approved. Resolved further, that notices -be published on the 18th. day of August 1922 and on the 25th. day of August 1922 in the South Bend News Times and South Bend Tribune newspap rs of general circulation in said City, stating that this Board will'reeeive bids for the construction of said improvements up to 10:00 A.M. on the 5th. day of September 1922 The Board reserves the right to reject any;and all bids. Deferred hearing had on resolution for pipe sewer on Humboldt Stri Street from Blaine Avenue to a point 94 feet west of the west line of Allen Street, under Improvement Resolution No. 1011. In the City of South Bend, Indiaa Upon said hearing remonstrators appeared but no written remonstran was filed,; And the Board being fully advised in the premises modified said resolution? as follows: - That Che sewer shall be constructed from center of Blain Avenue td a point 114 feet w st of the west line df Allen Street, that all inlets shall be eliminated and house connections to properties on north side of street be omitted, and' 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 modified and the same is hereby in all things, ratified, confirmed and approved as modified. Resolved further , that notices be published on thel8th. day of August 1922 and -on the 25tt.,h. day of August 1922 in the South Bend Daily Tribune and News Times, -newspapers of general eirculation•in said City, stating that this Board will-resceive bids up to 10:00 A.M. on the 5th. day of September 1922 The Board reserves the right to reject any and all bids. Hearing had on resolution from Olive Street to west City Limits, In the City of South Bend, Indiana. for the grading of W. Division Street under Improvement Resolution No. 1017, upon said hearing Miss Frances Thurman representing the Studebaker Estate appeared and a rra:nber of other interested property owners, but no writte remonstrance was filed. And the Board being fully advised in the premises. -de - aides that the benefits to the property liable to be assessed for said improve- ment are equal to the estimated cost of the acme, 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 noticesbe published on the 18th. day of August 1922 and on the 25th. day of August 1922 in the South Beni Tribune and News Times newspapers of general circulation in the City of South Bees, Indiana, stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. on the 5th. day of September 1922. The Board reserves the right to reject any and all bids. Deferred hearing had on resolution for pavement on Marine Street from Indiana Avenue to Calvert Street, under Improvement Resolution No. 1012 In the City of South Bend, Indiana. In the above matter remonstrators appeared and Engineer's report on remonstrance filed, and overrule said written remonstrance. And the Board being fully advised In the premises; decides teat 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 19th. day of August 1922 and on the 26th. day of August 1922 in the South Bend News Times and Tribune and on the 23rd. day of August 1922 in the Indianapolis Star, of Indianapolis, Indiana, stating that this Board will receive bids for the construe t1ion of said improvement up to 10:00 A.M. Tuesday September 5th., 1922. The Board reserves the right to reelect any and all bids. The following Engineer's report filed. A7ggust 14,1922. Board of Public Works, South Bend,, Ind. Gentlemen: - We have checked the number of resident freeholders residing on Marine Street from Indiana Avenue to Calvert Street and find that there are fifteen. Of this number seven have signed the remonstrance. Yours truly FREDERICK J. , ANDERSO]g City Engineer. Hearing had on resolution for pipe -sewer on Lafayette Street from Parkovash Avenue to Angell& Avenue and Parkovash °Avenue from Lafayette Street to TecumsehAvenue, under Improvement --Resolution No. 1019. In the City of Souh Bemd. Indiana. Upon said hearing no'remonstrators appeared and no written remonstrance 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 esti- mated 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 here by in all things. ratiied, ; confirmed. and approved. Resolved further, that notices be published on the 18th. day of August 1922 and on the 25th. day of August 1922 in the South Bend News Times and Tribune, stating that this Board will receive bids for the constru Lion of such improvement up to 10:00 A.M. Tuesday September 5th., 1922. The Board reserves the right to reject any and all bids, The Board ordered the old excavation bond s of W. W. Sibley released and to be replaced by new bond filed June nth., 1922. The following communication received from City Attorney Hammond read and placed on file and resolution ordered. August 16,1922. Board of Public Works,C City of • South Bend, Ind. Gentlemen:- . I have investigated the title to -the rea1 -Lstate described in the attached petition and the records disclose the following facts: On June 23,18841 David Bowman CJ and wife conveyed to the'Logansport and Terre Haute Railroad Company (now the Pennsylvania System); a tract, of land containing approximately seventeen acres, no reference is made to any alley on Dhe East side thereof. See Deed Record 95, page 352. In 1889 the said Bowman and wife conveyed to Edward C. Witmer , a tract of five acres adjoining the above mentioned tract on the East and on the same deed, Witwer conveyed to Frank Stover, two acres of said tract. In 1891 Stover and Witwer platted this five acre tract and dedicated to the public the fourteen foot alley in question, the West line of this alley being the East Line of the Railroad property. While it is general rule that upon the vacation of a street or alley the abutting property owners will take title to the center of the tract vacated, under the prculder facts of this case there is no question but that the owners of the property abutting the alley on the East will take title to all of the land vacated and the Pennsylvania Railroad Company will take none of.it . This has been well settled by a recent decision of the Indiana Supreme Court and is well supported by similar decisions fromother states. Respectfully submitted, L. W. HAMMOND, LWH. FRS, FILED City Attorney, AUG. 1691922. BOARD OF PUBLIC WORKS. BY L. P. HARDY Vice President. Petition filed and resolution ordered for pipe sewer on South William Street. from Indiana Avenue to Calvert .street, Pole and Wire Inspector reported on petitions for lights as follows and reports approved'.. I beg to remommend there be placed an are light at the corner of Marquette Birvd. and Kessler Avenue, also a light be planed at the corner of Kessler Blvd. add Rose Street. One light at corner of Kessler Blvd. and Marquette Blvd. One light at the northeast corner of Rose Street and Kessler B3rvd. Reported no lights necessary at Hill Street and Howard Street. Estimated cost of Parkovash Avenue and Lafayette Street sewer filed at...,.3 3,96o.00 Partial estimate for pavement an Hine Street from Walnut Street to Studebaker Street allowed to the Williston Construction Company at .... $2`,297.50 A, P. Perley appeared before the Board and requested permission to close Emerick Street at north intersection of La Salle Avenue for a period of one and one half hours from 7:30 P.M. to 9:00 P.M. Saturday August 19th., 1922 for the purpose of erecting a band stand for band concert. Same approved. Renewal certificate for Frank C. Vance excavation bond for the dum of One Thousand ($19000.00) Dollars approved. The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. This Aggreement Made and entered into this 15th. day of August 1922 by and between Me Emulsified Asphalt Coe of the County of Marion algid State 6 of Indiana (hereinafter referred to as the ":Contractor"), and the City of South Bend, in the County of St. Joseph County, and State of Indiana, by and through its Board of Public Works, thereinafter referred to as the " City 0, under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 691905, and all amend da tory and supplemental acts theretos- Witnesseth, that the contract6r covenants and agrees to resurface North Shore Drive from Michigan Street to 150 west of Lafayette Street and Lafayette Street from North Shore Drive to First alley north, in_the City of South Bend, Indiana , at and for the following prices:- 12 inlets reset, each. $2.00 1 manhole reset.... } 2.00 5676.sq. yds. of Emulsified asphaltic concrete pavement resurfacing per sq. yd. 1.17 awl t:ft ))v.i`#rn P,'r Ril woi* in the prosec-d toga of said iia:p oven—Icnt urs Her a,:1d ao-Lrdixl;g to the tercels akw cans, Re'fwlutron. No, adopted by the Board of NAblic Wotks�,it;e 1922. '11ld 11/- Pfit:)Ria, ))i. >-f.1o? an4 sptcifYcations on a in thd e eice of the Depa.t .,,tnt of PublicWojk ia, w� so.T�. plofi1.10. Artd ,iop cifications are made a part hereof as frilly and effectually as if tupi�el atzl b0f Fail Lf!'l0'.10 al. full fi_�'ng'th' Irletrryc;rc_rr firi•tli(,r expressly covenants and agrees that in the prosecution of said work all ;rrc}v,c r1 i11 anal t ilr, )ill be axt!rcised; that he propn-1 - nr ai d l ro`^.ct all excavations and dangerous plric.i' , laid vI01 l;tit'. €ill taue and pi-oper prelaultion to pr?vent injury t0 -.Ty persotl or pro,,,rty; that in 0-le ev-ilt'r�2f: ia`+� a�rl??i � r1i 1 a,f'lia (,, resaltinj; from the workk or resuitirg from. .._v matter or thing rornee¢,>3 theTcrvitF or "t1f illp. t.wl tfi'oni, to arty }),l­-rson or property, lie v.r'll nay anal Lc;_iidate the snore at his ov^Tn expense✓, and =i - iwil'3 ihr. h ability this€;for; and in the event of any claim or claims being made or any action or ac;t,ons 'b, �cx 111�Ipaiast tho, city by reason or on account of or growing out of s'-;d F,urk or t?s Construction, dh't t',+tatro(Jor will +lt his own expense defend the same, and v)ill pay any judgmerrt recovered therein, and vri'..', ila. 411 r r-:t,ipc"( ftl fully indemnify and save harmless said city, its officers, agents or representatives fru n all core, C't: tl:r, }),a.ytlwnt of judgment recovered. in connection with such claim or claims, action or actions. And f. Vith.iri tc:zl days after any sirc:h action is bcgtin, the city shall notify the contractor of the pen€iencr ther •t<f, f l rr aily judgment lendeted against the city s11�;11 be co_.chtlive against the contractor and against the suret- b4 Loi c..=t:strkwtio,a 1'its_Fd, as t() tlir' aru. , :'::, IW*:,lity and other matters pertaining th,.reto, =: + he contractor agrees to rnai.atairl said improvement and male such repairs as may be necessary it s rf' t t Ofi a d in t==" niR -r_ar as hayed by the s pci`ications, and to seci re the maintenance and reimir then-eai I'o _011t Va=_{h t'_se of PL ' W.Z' — -.s a bv?. d ,.,an anffi ac:rtt saret - tlserFcn a :i3 in an a+<it?iznt as 'fixed by the f,l: ,C lstli,)Y;s.AnA in U::'>>?%g SRscIY rep,?lr'=G.ie 0'; Cv._.;,actor and- tl:tt su--retly 4)n his guarantee bond shall be fo ffi.- ricee liability to the cnty '.ni!l aTi}r ol'y?r T i t)il ic-iS' :3??y 'al}l!1'y or d .Ys;ti C to any peY'Gr',n or pF'Ola- FYx in 1.17c ,.-. CNe irlrnncr and to th;; *arjac 4tCterit s 13 rued is the 13si pircicedl it pa a r::iph Cf1+){:ring the con- };tt'Jr_ti(pl tyoFl, )':;i€1 it i< findicl- agreed by and between said rart_.^sjhat the a^.eptarrcr of the. work pr-ovided f€is' in thus 'rortllact, 01 th'. p .'ynl ;It th"r:.Of, shall not constitute a vva.ivcr t>`r tha 1):,rt iif Ow city of Sinv of ow, 1)* l�i� d Of tlIvi c0 i;tract, nor shall it relitatie Bald ccz`r:3.c'tor or the fOi 11.'., f tit fall-,;,t'1(Jr'rn. r. 1f.ir;Y1'.c)f i1S)C t.;hall ilia accF;ptance be print.'+. fat'le evicde-ilce. of i:l7c perfola.pile. of .'.1?Y ltrovit;lou C_l, thi atil.rr t cgs salt to 3 the cxtclit of entitling the contractor to the contract: pricy: Onerefor. l fiC, e'.ol,trocJol' agrees to pay for all labor and materials used or furnish d to bf. ;t sc:rl In thr. f';},lrlt 1mvi;tylictllta1t Pnd in, the performance of this cm.atract, whether done or form-s ed for nitro, of lri_� +tit,tA;rii;c:, tiriccc.f3tsor or subcontractor.; aftd the city wAy reserve out of any a,llovn!.zicc irlAdv o):, ally tit frt. tit Of the. contractor or b+s assigns, or out of the amouti.t due him or ll.is assi,;n+; 11porl tiic; fi ihar vrc�tj i tiQ rirtch as may _ ; icessary to pay all laborers or material tnt'tt for amolalst.a doe 6:-1,1 '-'r !c,i-lt elor>C Or Waterials usrcl or furnished to be used is the perforraaric(; of t,1Li,;,c€l,r :;,t't ter rmd the cloir.7, -)1' ftai;iel iv cl k, wid t}io ci linty' treautrer, acting as city treasurer', may retain i"1-).:.esy li -t.A c]lpl f'Mili �l))'o)lJ t. ('tta1jtf'i't4 iltoge"mwd for 4aid 1'111'p'Qvct. eut to pay a F):ch dc--bts,ar vas_% the 6( ate )� E ii rvJS 'tl.''t; t: . hoy F'-V- tt" r :c co,;L--a ap;.e-s to rct:_o- all ru.YDish, earth.. and ur°ised material in the streets or sham t c7reok t;=pan t;ae c:c .pletiort of the r,;f , o;,nira .lt or the rt pairing; thereof. i. Fl-c->,Ictk of making such itTipt'GY?Tn.etit shall be com—pfeted accord.ing to the terms of this contract oa or liefr-,5 t: thr,._.................. ._.----- ---dav of -------------- -------- ----...------.................................... 19......._..,., t rdcss the ti,:ne for the cornplef-;rm of the sarle shall be extended in wr�ti;-g by the Board of Public Wortlks, And }i: 1s az;",'efnl th?t: an';.Su(j] 8�`tteClF+.OYi of t;Tne, or any alteration of this c-ntract or of the manner or meth- -(A of doings stach trt/ork shall. in no 'way affect the. duties, obligations or liabilities of the contractor or his sure.- -- It is deiced that the contractor shall not assign,this act or stab -let the work or• any part th.ci eof to bc; dt,rir h,.;reu ieder, wilho;ct th<< 1tr:- r co ;i of the 1, rd ,f 1' >t; Works. It is fuit:rer agreed d :tiput .-cd +hr-t contractor shall give to residents of said city ard <., i+y i>t r:f t,ut:t in the ernploy rr--mt of ill labor c e _,.,a .:.ry in the. t,crfort_nance of this contract, and failirz}; to +t:> so, sl-,,eil fc;ifeit to thu- city the suns of ten dollars for each failure to observe this stipulation. Hied upoxi tree perforrnance of all the -terms and conditions of this contract, and things to be doYte -tad peifoiwe.d by said contractor the said city agrees to cause the cost of doing such work to be a.ss^ss;rl, coi Lxte-d aai paid to said contractor in the, niatmer fixed by the statute governing the making of such .iraprlove- filCala. 1'r rat le of tht; oonditions and stipulations of this contract, including all and singular the provisions and te.st> i of the plans, profile, spec'ift:ationv-, and resolution aforesaid, the urdersio-ned binds hiniscl_f or itself. an.i .t ,� trw ective successor or assit rys of soctt parties. In Testimony Whereof, We,. the foregoing named parties, hereunto set our hands this Fifteenth day of August 1922 o THE EMULSIFIED'ASPHALT CO. CITY OF SOUTH BEND, INDIANA: BY J. P. JOHNSON BY L. P. HARDY Vice President. Contractor. ALBERT F. HONER. Its Hoard of Public Works. KNOW ALL MEN BY THESE PRESENTS, That we, Emulsified Asphalt Company, of the County of Marion, and State of Indiana, as Principal, and Southern Surety Company, of Des Moines, Iowa, of the County of Polk, as Surety, are held firmly bound to the City of South Bend, Indiana, in the sum of Fourteen Thousand and N% 100 (140000.00) Dollars as construction guarantee, and in the sum of One Thousand fifty and Nof 100 ($1,050.00) Dollars as mmintenanee gguaraantee, under contract herein- after referred. to, for the payment of which, well and truly to be made, we jointl y and severally bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents: The conditions of the above obligation are such, that if the above named Emulsified Asphalt Company shall faithfully comply withNe terms and conditions of one certain contract entered into by said Emulsified Asphalt Company with the City of South Bend, Indiana, which contract is for the re -surfacing of North Shore Drive, in said: City, and shall fulfill all the conditions and stipulations therein contained, according to the trt% intent and meaning thereof, in all respects, including the maintenance and repair of said improvement Recording to said contract, for a period fo three years after the date of the approval of the same by said City, and without cost to the City of South Bend, or property holders assessed for the cost of the same, then this obligation is to be void, otherwise to be and remain in full force and virtue in law; in the event the said City shall extend the time for the completion of said work, such extensions shall not in any way release the sureties on this bond. This bond shall cover all terms and conditions of the contract herein referred to as to both construction and maintenance of the improvement under said con- tract in the respective amounts above set out as to construction guarantee and maintenance guarantee. It is understood and agreed by all parties hereto that the obligation under the construction guarantee shall date from the signing of this bond and shall contdnue and remain in force until the completion of the work under the contract and the acceptance of the same by said City, at which time the principal and surety hereunder shall be . released from obligation under the construction guarantee, but from the date of release under the construction guarantee the principal and surety shall become liable under the maiintenance guarantee to the said City of South Bend, in accordance with their contract withsai.d city in the amount above.set forth. Witness our hands and seals this 15th. day of August 1922. SOUTHERN SURETY COMPANY EMULSIFIED ASPHALT COMPANY BY E. M. CURRY BY J. P. JOHNSON Attorney infect. AFFIDAVIT ATTORNEY IN FACT FOR SURETY. STATE OF INDIANA ) COUNTY OF MARION SS CITY OF(INDIANAPOLIS On this 14th. day of August 1922 before me personally appeared E. M. Curry attorney in fact of the Southern Surety Company, with whom I am personally acqudinted, who, being by me duly sworn, did depose and say that he resides in Indiana, Indiana, that he is the attorney in fact of the Southern Surety Company, the Corporation named in and which executed the within instrument that-he�knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed hhe said instrument -as attorney in fact d'f said corporation by like manner. MARTHA JALLIFF My Commission expires December 1391925. RO D119q22 Notary Public BE ��"WIC WORKS. � b ttP�'HARRI f Vice President. 352 Wednesday August 16th.,.1922. Continued. PUBLIC IMPROVEMENT CONTRACT. This agreement, Made and entered into this 16th. day of August 1922 by ��dbbetween Wm. H. Burke of the County of St. Joseph and State of Indiana there- inafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, b and through its Board of Public Works, (hereinafter referred to as the " City 0, under and by &at virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,19059 and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to place water taps on Division Street from Olive Street to Liberty Street, in the City of South Bend, Indiana at �.nd for the following prices:- 74 taps on short side, each.... $21,00 24 taps on long side, each 26.00 _d to perfom! all work in the prosecution of said ftnprovemcnt under and accore4ig to the terms axrd coif ditions of Improvement Resolution No. ..1020.... ....... adopted by the Board of Public Works ---- _AU914St1,1922 arid. the plays, profile arzd specifications on file in the ,office of the Depa . tment of Public .Wgrks, v�hlrh saiu resoNVoii, plans, profile and specifications are made a part hereof as fully and effectually as if copied r.nd set ou . hei coin at full length. rlhe, cou)tra:ctor further expressly covenants and agrees that in the prosecution of said work all proper sl<-;D .r, ,i care .rill be exercis-ad; that he -�i11 1 oner r } p all excavations and dangerous plan n l 1 ose all due arid proper precaiit;on to or -.VG .t an �J. *7 Art person n ^^ .`� 1Y J. Y y p r p r; t,,at i `h� eve, t r, y 1 1iiry nr da.rna-e resulting from the u o _ Or rFS?zl i� fr �11i ? y r :t+? or thz11 rOnnec*.Pd t11 T?1JY k1 Or :salmi ihere.frozn, to any person or property, he v-11 pav an-i liq idate the same at his o�Tn expense, and as ur1 c the liability "therefor ; and in the event of any ciairl or claims being made or any action cr actions beirp bro.�ght against the city by reason or on account of or growing out of s ;.id work or its construction; the s : `1 c<; 1 t, Lctor will at his own expense defend the same, and will pay any judgment recovered therein; and wit in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, pay>nent or judgment recovered in connection with such claim or claims, action Ior actions. And f within ten days after any such action is begun, the city shall notify the contractor of the vpndercv ther : ;f, th.;n any judge lent reiidered against the city shall be conclusive against the contractor and against the surety cit hia eDzistmetio-i bu_ncl, as to tb- arnoi:nt, liab lity and other matters pertaining thereto. ha con inactor agrzes w 3=1 stain said iinl Tr7- c:i lent a_ J t ,a'>.e pt �: i] A q t' the jx, od iiaad in the inanneras.fixed by the s►�gcificalio±ts, as�� to t€it, 1siwir4:tti&w,,O, dv} i tivazt to f ire With, t' a Board of Public Works a bond x ith s-,4�i iealt stzrAy thtyzon mi'a if), aid iAbIltlt dll li��tl lixZ , k}��61sjc�tions, And in doing such repair work the contrAttpr pnd. ihA surety bti hli petard; tee boh4 ho"blect 10 the sar.ae liability to the city and any other rson for a11y ut datr,a�e trt €tt►y per :_� rr i,t ,s . e'i'ty tft the stl,i-ne manner and to the same extent a`s is fixed in the last preceding pars.grs,ph to ei-Zile' the uoa- ftiirc;4:iori work. At;d it is further agreed by and between said rdrt ,^s that the ate ep 'a ace of the- *Urk pprovided fnr in contract, or the payment thereof, shall not constitute a waiver cii t4Ze part of the city df'any of the 01;6-vzs ioZ,s of thiw contract, nor shall it release said contractor or the sureties on his bond for the Ofliful peirfr on, ix;zt;e thereof; nor shall the acceptance be prima facie evidence of the perfornia,nce of any, provision of 'Mritract, except tq the extent of entitling 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 makiti,g of such improvement and in the performance of this contract, whether done or furnished for liim, or his agent" as©i,gnea, successor or subcontractor; and the city may reserve.out of si.ny allowance trade on any enfimatv, in favor of the contractor or 1,; • assigzis, or out of the amount due him or his assigns upon the completion Of the work, so much as ma} ,cessary to pay-all.laborers or materiat. men -for amountg due there for .; work clone or materials used or furnished to be used in the performance of this contract pid the drying cif"'. said work, and the county treasurer, acting as city «.reagurer; Znaq retain money toll-cted from ptdpeit owners assessed for said improvement to pay such debts or wall the COilt�sLGbF3E shov.,6 that thoy fin bc�si paid or satiafied 'E_e colt -a^ or agrees to ream- all rubaish, earth. and un+ised material in the streets or si-d 3 ti-ior 3g UpOr;. the rotrtpletion of, the imVrovem,cnt or the 'repairing thereof, `�hst work of waiting such improvement shall be completed according to the terms of this cbsitract on car hrfork� the ....... ...... Ur1lc, r, the tines for the completion of the sane shall'be extended in writ---g by the Board of Public Works, id A it is agreed that any such extension of tin -at, or any alteration of this contract or of the manner or meth- 01 of doirig surh work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties, It is agreed that the contractor shall not assign thes W 'rart, or ,sub -let the work or any part thereof to bo done hereunder, withot+t the writ en cons-nt of the bodird of P;Zblic Works. It is further agreed and stipulated that tz: contractor shall give to residents of said city and coo-,ity preference in the employment of all labor necessary in the performance of this contract, and failing to da so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance° of all the terms and conditions of this dontract, and things to be done and erforaued by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- kcted a:tci paid to said contractor in the manner •fixed by the statute governing the miming of such improve•- i�iet�te. - - Td each of the conditions acid• stipulations Of this contract, including all and singular the-. provisions and tcrx>{s of the plats, profile, specifications and -resolution aforesaid, the, undersigned binds himself or itself, and thfi 1—pectic- successor or assigns of such --parties. In Testimony Whereof, We, the foregoing named partibes, hereunto set our hands this 16th. day of August 1922. CITY OF SOUTH BEND, INDIANA. BY L. P. HARDY Vice President. ALBERT F. HONER. Its Board of Public Works. WM. H. BURKE Per H. E. (Koheen. Contractor. 353 The following resolutions were adopted by the Board. SIDEWALK IMPROVEMENT RESOLUTION NO. 1042. Resolved by the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, That it is deem--d necessary to improve Twelfth Street from Mishawaka Avenue to the Grand Trunk Western R. R_# Also: Thirteenth Street from Mishawaka Avenue to the Grand Trunk Western R. R. Also: Fourteenth Street from Mishawaka Avenue to the Grand Trunk Western R. R. Also: Fifteenth Street from Mishawaka Ave. to the Grand Trunk Western R. R. Also: Wall Street from,Sixteenth Street to the West 2izie of the Colonial Gardens Addition. Also: Hastings Street from Sixteenth Street to the west line of Colonial.Gardens Addition. Said streets shall be graded from property line to property'line, to the established grade and cement sidewalk and cement curb shall be constructed.along both sides of the above named streets, all as is more particularly shown and all in accord- ance with the plans$ profiles, detail drawings and specifications on file in the Office of the Department of Public Works of.the City of South Bend, Indiana, ii: ecoor ante with th- , -lans, proi'i:i es I detail dra..wings and specifications. on file an -the office c.- the Darartm6nt of the Board of Public Works of said City' erd such 4-in-proti emer_t iz- now ordered. The oOst of said irarrovo- m-ent, ir*cluding the cost of street amd alley interyootions, Fsban be aseessea upon the real estate abutting on said b b b . i • • Y a F x ! ♦ • • • • . • e r • • •.! e e e e • • • . . e . . • P . . • . • ♦ • • • ♦ ♦ • . . • . . • •.. . . • • • . ! • p . p ., p • • • {o b . • " . i . . F • e e ♦ e • • • . . . S . . e . i • ♦ . . . • • . . . ♦ . . e • . . ♦ e ♦ • • • • • • ! P P ! • • ! p • . P-11 acco7ding to the met.hod.. em�f•?ra^za-r provided for in an � • Act of the Gen- tr-al Ayoembx of the S+ate o i_- �aert.� t_ . d ` 6 a� � � ".An ra. Act Concern- ing Muni viral Cgrpora,tions, aptorc<<e,' Y` h", 1905, and in accordarnce �,H f,h am! pt?rs,jant• to the provisions of a17 +.c; -nd supplem-nta.i acts thereto, passed by the General Assembly of the U+-,_.Je ..of I-ndiana. Assessments, 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 isc{aed to the contractor in payment of suoh work, unless the property owners pay said assessment before said bond or bonds are issued. Under no c-J..rcumsta.nces shall the City of South Bend, be, or be held responsible for any sum or sums, due from said property o�Amer or owners for said work or for the collection of the same, or for the payment of ar.7 bond, bonds, certificate or certificates, issued to said contractor in pay- -tent for such work, except for such moneys, . as shall have been "aeua23g rem ceived 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. pxvoceedings had, and work done in the as s e S sment of ' pZ a erty, .- .. collectirn-r.r• shall be as-_:ided ' for WAIVER SIGNED AND APPROVED AND CONTRACTORS NOTIFIED TO BID fteLsda y August 2n2d.,1922 at 10:00 A.M. 1P and reserves the right to`reject any and bib& bids. _Adopted this 16th. day of August 1922. BOARD OF PUBLIC WORKS. L. P. HARDY Vice Pres, Attested:- ALBERT F. HONER Veronica C. Sweeney Clerk of Board. The following wuiver,approved_by the Board. TO THE BOARD OF PUBLIC WORKS SOUTH BEND, IND WHEREAS, the Board of Public Works of the City of South Bend, Indiana. did, on the lb ay of Astgust 192gi 192 adopt a preliminary resolution for the impoovment of 122�. 13th 14thi and l5t1M 9treet,s from Mishawaka Avexag to the or Railroad and Hastings and Wall -Streets from the alley lts-twesn Clifford Court and TReI tk St. to Sixteenth Street: under Improvement Resolution No. 1042 _in the City of South Bend, lndiana, by construction on pavement as shown on the plans, and in accordance with the profiles, detail drawings and specincaticr.s , on file in the office of the Department of Public Works. AND WHEREAS, we the undersigned, are the only persons owning pro- , petty on said street to be improved, and that He alone are affected in ar,y, Hay by said proposed iimprovement, That we. are the sole owners of 'the separate =parcels of land bordering upon -said street proposed to be improved. 'I THEREFOI; in consideration that said Board of Pubic Works proceed 1 to improve said '12th -131h: 14th: and 15the Streets from Mishawaka Avenue to the Qread Trunk Railroad and Hastings and Wald. Streets '-from the all$, beUme It-i"trd C©ilrt and I2th, street to Sixteenth Street: As` proposed in said resolution, and for the further purpose of saving time and expense, we the_ un- dersigned, ` do `hereby waive all objections on and is defense to any defect in said proceedings, and to any violation in procedure far the construction of pavements as fixed by Section 8710 of Burn's Revised. Statutes of 1914. We further waive any right to object to the form of said resolution. We further. waive any and all objections to the fact that no advertisement for hearing has bcen pub6hcd as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for do- ing said work in following manner; Thatthey shall notify by mail responsible contractors in the City of South Bend, Indiana, of said work to be done under said resolution, and that they shall receive .."s from said contractors for doing of said work, and they shall let the contract for the doing of said Mork to the lowest responsible bidder, and we waive any objection to the . action of said Board in letting said cen- tract in a form andr manner other than provided .by law, We further consent that the cost of doing said work shall be asstsscd a- gainst the different parcels of real estate owend by us as provided by sceticus 8710, 871 Ca• 871 1, 4 i 12- 8713-8714.8715-8716-8717-8718-8719-8720-872.1; -and all acts and laws amendatory thereof or Supplemental thereto. We further agree that notice given by mail shall be sufficient notice cf tLe hearing upon the assessments made , for said improvement. Given under - our hands on the day and year first above mentioned. °i COLPAERT REALTY CORPORATION BY ACHILLE C.. COLPAERT Sepretary-Treasurer. - 355 THE following resolutions were adopted: - TRUNK SFWER IMPROVEMENT RESOLUTION NO. 1043. Resolved by the Board of Public Works of the City of South Bend, County of St. Joseph , State of Indiana ;-That it is desired and deemed necessary to construct a Trunk sewer known as River Park Trunk sewer District No. 2 all in said City, which, , from its size and character, is not intended and adapted for use by property owners whose property abuts along the line of said sewer, but is also intended and adapted for receiving sewage fromcollateral drains already constructed or which may be hereafrer constructed, and the same is hereby ordered constructed in and along the follow- ing line in said`City, to -wit:- Beginning at, thrtherl tli e of the south t. Jose h Rh River and lot, 34 Corporan &Duck s Sub. Division, thence Side Boulevard wi-Lh a 24 inch vdirculhrSsewer; thence with on a curve 30 tohtcircular sewers intersection of the center line of Norline of thence easterly along the center line oforth Scurve Boulevardto o the etoest intersects teenth Street, with a 30 inch circular sewer;.thence of the north line of North Side Boulevard and %he center of Sixteenth Street with a 30 finch circular sewer; thence north along Sixteenth Street to the first alley north of Mishawaka Avenue with a 36 inch circular seer; thence ea t along 33 lnchthe c rcualley northeof thence Mishawaka Avenue to the center of Seventeenth east, along the center line of said loneyto the nofrsaidof EalleyetohNinet,eenthStreet tStree� inch circular sewer; thence still east along the center with a 24 inch vitrified pipe sewer; thence on a curve to the left with a radius of0 feet inc to a ;point 1*,,feet, east of the eastocnurNineteenth S1rep1�225Sfeet with atreetwitha204inchhvitrifie `vitrified pipe sewer; thence north a g pipe sewer; thence still north along Nineteenth Street to the south line of lot 114 Riverdale 2nd. Addition with a 15 inch vitrified pipe sewer; thence still north alon$d Street to a oin t 20 feet south of the south line of Jefferson Boule canter Nineteenth inch p Also: Beginning at the intersection of -the e with a 12 inch vitrified pipe ..ewer. . ;of Eighteenth Street and the alley north of Mishawaka Avenue; thence north along the 'center of Eighteenth Street 225 feet with anto8theccen�erified of i�ia11S1rEetewith anee 15 inch stillnorth along the center of Eighteenth Street vitrified pipe sewer; thence still north along the center of Eighteenth Street to the alley south of the Grand Trunk Western R. R. with a 12 inch vitrified pipe sewer. Also: Beginning at, the intersection of the center center flineeofeSeventeenth Street Alley north o!' Mishawaka Avenue; thence north S 225 feet with a 24 inch vitrified pipe sever; thence still north along the centerof Seventeetnth Street to the center of Hastings Street with an 18 inch vitrified pipe "sewer; thence still north along the center line of Seventeenth Street to a point 100 ft. south of the south line of the Grand Trunk Western R. R. with a 20 inch vitrified pipe sewer; thence still north along the center line of Seventeenth Street to the north line of the Grand Trunk Western R. R. with an 18 inch vitrified pipe sewer; thence still 'north along the center line of Seventeenth Street to a point 40 fees, south of the south 1ine of Jefferson boulevard with a 12 inch vitrified pipe sewer. Also: Beginning at center of Sixteenth Street at the manhole 200feetwith anl8 inch vit�i'fied Street alley north Mishawaka thence north along the center line of Sixteenth ,pipe sewer; thence still north along the center of Sixteenth Street to the center of Udall Street with a 15 inch vitrified pipe sewer; thence still north along the center line of Sixteenth Street 430 feet with a 12 inch vitrified pipe sewer; thence still north along the canter of Sixteenth Street to the south line of lot 411 Colonial Gardens with a 15 inch vitrified pipe sewer; thence still north along the center of Sixteenth Street to the alley south of the Grand Trunk Western R. R. with a 12 inch vitrified pipe sewer. Also: Beginning at the center line of Seveneteenth Street and Hastings Street; thence west to a point 90 feet east of the east line of Sixteenth Street with a 10 inch vitrified pipe sewer. Also: Beginning at the intersection of the center line of Eighteenth Street and Hastings Street; thence west to a point 90 feet eeasg not the at East line of Seventeenth Street with a 10 inch vitrified pipe sewer. Also: the intersection of the center line of Eighteenth Street and Hastings Street; thence east along the center line of Hastings Street to a point 90 feet west of the west line of, Nineteenth Street with a.10 inch vitrified pipe. Also: Beginning at the intersection of the center line of Seventeenth Street and Wall Street; thence west to a point 90 feet east of the east, line of Sixteenth Street with a 10 inch vitrified pipe sewer; Also: Beginning at the intersection of Seventeenth Street and Wall Street; thence east to a point 90 feet west of the crest line of Eighteenth Street with a 10 inch -Vitrified pipe sewer. Also ; beginning at the intersecgion of the center line of Eighteenth Street %nd Wall Street; thence east along the center line of Wall Street to a point 90 feet west of the west line of Nineteenth Street with a 10 inch vitrified pipe sewer. also: Beginning at the intersection of the center line of Fourteenth Street and Vine Street; thence east along the center line of Vine Street to a point 75 feet west of thewest line of Fifteenth Street with a 10 inch vitrified pipe sewer. Also: Beginning at the intersection of the center of Sixteenth Street and Vine Street; thence west along the center line of Vine Street to a point. 75 feet east of the east line of Fifteenth Street with a 10 inch vitrified pipe sewer. Also t Beginning at the intersection of the center line of Vine Street and Sixteenth Street; thence east along the center line of Vine Street to a point 75 feet west of the west line of Seventeenth Street with a 10 inch vitrified pipe sewer. Also: Beginning at the intersection of Seventeenth Street and Vine Street; thence east, along the center line of Vine Street toa point 75 feet west, of the west line of Eighteenth Street, with a 10 inch vitrified pipe sewer. Beginning at the intersection of the center ofline Pleasan 1Streetttotaepo3nt,and 50ofeetewcat nth Street; thence. east along the center line of the west line of Fifteenth Street with a 10 inch vitrified pipe sewer. 356 Also: Beginning at the intersection of the center line of Sixteenth Street and Pleasant Street; thence west along the center line of Pleasant Street to a point 60 feet east of the east line of Fifteenth Street with a 10 inch vitrified pipe sewer. Also: Beginning it the intersection of the center line of Sixteenth Street and pleasant Street; thence east along the center line of Pleasant Street to a point 60 feet west of the west line of Seventeenth Street with a 10 inch vitrified pipe sewer. Also: Beginning.at the intersection of the: center line of Seventeenth Street and Pleasant Street; theitee east along the center line of Pleasant Street to a point 60 feet west of the west line of Eighteenth Street with a 10 inch vitrified pipe -=sewer. Also: Beginning at the intersection of the center line of North Side Boulevard and Fourteenth Street; thence north along the center line of Four- teenth Street 235 feet with a 15 inch vitrified pipe sewer; thenc# north along the center bine of Fourteenth Street 350 feet With an 18 inch vitrified pipe sewer; thence still north along the center line of Fourteenth Street 660 feet with a 15 inch vitrified pipe„sewer; thence still north along the center line of Fourteenth Street to a point 100 feet south of the south line of Mishawaka Avenue with a 12 ineh vitrified pipe sewer: Also: Beginning at theintersection of the center line d of north Side Boulevard: and Fifteenth Street; thence north along the center line of Fifteenth Street 410 feet with an 18 inch vitrified pipe sewer; thence still north along the center line of Fifteenth 660 feet with a 15 inch vitrified pipe sewer; thence still north alongg the center line of Fifteenth Street to a point 100. feet south of the south line o£ Mishawaka Avenue with a 12 inch vitrified pipe sewer; Also: Beginning at the intersection of the center of North Side J(oulevard and Seventeenth Street; thence north along the center line of Seventeenth Street to the center line of Pleasant Street with an 18 inch vitrified pipe sewer; thence still north along the center of Seventeenth Street 310 feet with a 15 inch vi%rifid pipe sever; thence still north along the center line of Seventeenth Street to a point 100 feet south of the south line of Mishawaka Avenue with a 12 inch'vitrified, pipe sewer. Together with the necessary manholes, storm water inlets, conduits, retaining wall and house connections to the curb line along the line of said improvement, .And to be built in accordance with the profiles, specifications, detail plans, maps and estimates now on file in the office of the Department of Public Works of said City, which includes an est,im4te of the proposition that the cost of an adequate local sewer, built along the above line, bears Us to the cost of th the main sewer, to be built as follows: The cost of an adequate local sewer, built along the line above described, is hereby estimated and fixed to be of the cost of the main sewer to be buililt along said line as above se-6 forth, whip proportion, as herein estimated and fixed, shall be taken and adopted in all" computation requiring a knowle4ge of the cost of such local sewer if built along the line where the main sewer is to be b uilt. The cost of the constuction of said sewer shall be divided as follows: 1. So much of such cost shall be equivalent to the construction of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the proposed line as hereinabove set forth, shall be paid by the abutting property holders nd the City of South Bend, if it be determined that said City is benefitted by said sewer in the same manner and to thesame extent as local sewers, are paid for by them under the Statutes in such coeses made and provided. 2. The excess of cost ant over and above what would be equivalent to the cost of a local sewer, if built along said line, shall be assessed against each piece .of property in the district or area to be drained and against the City, if it be determined that the said City if benefitted by the said sewer, according to the manner and method prescribed by law, all which said property beneficAlly affected lies within the follwing described territory in the City of South Ben ,` County of St. Joseph, and State of Indiana, to -wit: Beginning at the intersection of the west line of 349 Corporan nd Dumk'd SubDivision and the north line f the St. Joseph River, thence north along the west line of lot 34 Corporan and Duck's SubDivision and the west line of lot 334, SubDivision of Lot A. Fordham to the north line of said lot 334; thence east along the north line of said lot 334 to the center of the alley.west of Fourteenth Street; thence north along the center line of the alley west of Fourteenth Street to the center of the first alley south of Pleasant Street; thence east along the first alley south of Pleasant Street to the west line of lot 3129 SdbDivision of Lot A. Fordham; thence north along the west line of said lot 312 and the west line of lot 27 Plat of Fordham, to the center of the -first alley north of Pleasant Street; thence west along the center of the first alley north of Pleasant Street to the center of the alley west of Fourteenth Street thence north along the alley west of Fourteenth Street to the south line of Lot 36 Plat of Fordham ; thence east along the south line of said lot 36 to a'point 106 west of the west line of Fourteenth Street; thence north parallel to and one hundred feet west of FAurteenth Street to the north line of Lot 37 Fordham; thence west along the north line of said lot 31 to the center of the alley west ofa Fourtee Fourteenth Street; thence north along the center of the alley west of Fourteenth Street to thecenter of the alley south of Mishawaka Aveue, hence east along the center of the alley south of Mishawaka Avenue, to the west line of lot, 48 Plat of Fordham; thence north along the west line of said lot 48 to a point one hundred feet south of Mishawaka Avenue, thence east parallel to and one -hundred feet south of Mishawaka Avenue to the east line of lot 49 Fordham ; thence south parallel to and one hundred feet south of Mishawaka AveNue to the east, line of Lot ;9 Fordham; thence south along the east line of said lot 49 to the center of th the alley south of Mishawaka Avenue; thence east along the center of the alley 357 of Mishawaka Avenue to the west line of lot 96 Plat of Fordham; thence north --along the west line of said lot 96 to a point one hundred. feet south of the south line of Mishawaka Avenue ; thence east parallel to and one hundred feet south of Mishawaka Avenue to the east line of lot 97 Plat of Fordham; thencesouth along the east line of said lot-97 to the center of the alley south of Mishawaka Ave., thence eat t along the center Wf the alley south of Mishawaka Avenue to the westI+line of lot 144 Plaw west line Fordham; thence north along the west line of lot 144 Plat.of Fordham and the e t of lot 366 Plat of Colonial Gardens to the c AtAvenuethe alley the cen north er off Mishawaka alleywA en e; thence west along the alley north of Mishawaka Sixteenth Street; thence north aloigg the alley west -.of Sixteenth Street to the south line of lot 391 Plat of Colonial Gardens; thence east along the south line of said lot 391 to a point on hundred feet east of the west line of Sixteenth Street; thence north parallel to and one hundred feet west of the west line of Sixteenth Street to the north line of lot 392 Plat of Colonial Gardens; thence west along the north line ofsaid lot 392 to the center of the alley west of Sixteenth Street; thence along the center Qf the alley west of Sixteenth Street to the south linE of Lot 405 Colonial Gardens; thence east along the south line of said lot 405 to a point one hundred feet west of the west lihe of Sixteenth Street; thence north parallrl to and one hundred feet -west -of the west line of Sixteenth Street to the north line of lot 406 Colonial Gadens; thence west along the north line of said lot 406 to the center of the alley west of Sixteenth Street; thence -north along the center of the alley west'of-Sixteenth Street and said alley produced to a point one hundred feet south of the south line of Jefferson Boulevard; thence east parallel to nd one hundred feet south of the south line of Jefferson Boulevard; to a point 50' west off the west line of Seventeenth Street; Thence north parallel to and fifty feet west of the west line of ,Seventeenth Street to the south line of Jeffersm Boulevard; thence east along the south line of Jefferson Boulevard to a point fifty feet east of the east line of Seventeenth Street; thence south parallel to and fifty feet east of the east line. of Seventeenth Street to a point one hundred feet south of the south line of Jefferson Boulevard; thence east parallel to and one hundred feet south of the south line of Jefferson Boulevard to the canter of Nineteenth Sist,. addition tohence Riverdale;erdale;along hthencegwestne *f Nineteenth. Street to the south line of lot 3, along the south line of said lot 3 to the center of the alley west of Nineteenth Street; thence north along the center of the a1leMishaevakawest fAven�tthenceStreet west ppralelpoint to and one hundred feet north of the north line of hundred feet north of the north line ofaMiisha Mishawaka ast Avenue toot sa ast linen Lott 67east plat of Colonial Gardens; thence south g the line of lot 145 Plat of Fordham to the center of the alley south of Mishawaka Avenue; thence eastalong the center of the alley south of Mishawaka Avenue to,the center of the alley west of Eighteenth Street; thence south along the alley west of Eighteenth Street to the north line of lot 12 lst. Plat of Riverdale-ofie ence line of Ei t i,een�, ith line of said lot 12 to a point one hundred feet west line of Eighth Street; thence south Paouth earal:lelto done toa a d oneed feethundred feet westwest of eof the west lineof teenth Street thence s p Eighteenth Street ; to the south line ofhee lloC13rsof Plat the of yiverl wesdaof�Eighteenththence sStreet along the south line of said lot 3 to the thence south along the center of the alley oast alonest of ig�haenth centerroftthe center of of the alley north of Pleasant Street; then g Pleasant Street to the east line of lot 24J9 1 A. Plat of Riverdale; thence south along the east line of said lot 24 and the east line of lot V4 1st. Plat of Riverdale; to the enter of the alley south of Plesant Street; thence wstalong Streete thences uth f Pleasant Street to the center of .the alley west oEighteenth along the alley west of Eighteenth Street to the 220of oto2theieastD �inesion of of Lot A. Fordham; thence west along the south line of Lot 222 in SubDivision of Lot A. Fordham, thence south along the east line of said. Lot and ' 222 to the center of the North Sides south along ttheheastslinenof saidtlot 5porandsaid east s Subdivision produced north; thence g to the north line h. of the St. Joseph River, thence down stream with line produced north, the north line of the St. Joseph River to the place of beginning. Said improvement shall be known as THE RIVER PARK TRUNK SEWER DISTRICT NO. 2. under Improvement Resolution f tioonTHE saidIT F SOUTHict BENND, INDIIANA�escribed And each pie property including abutting property holders and the said City of South Bend, if the said City is beneiftted, shall be assessed , as aforesaid, to pay said excess of cost over and above what would be equivalent to the�ostdrawinlsca�ndsspeeificationswhich now anwill filemore in the appearby reference to the profiles, p, g gives other office of the Department of Public minrks ofsewer,aovarflows9 and �its ©appurtenances) andthe the exact course of said proposed district or area which may be injuriously or beneficially affecte d thereby, as shown by the heavy boundary lines marked on S�igadPh,esvydboundary linesproper represent�,sand and the�re� written thereon, clearly indicating who are to be paid in ten district or area embraced thereby. Assessments, if deferred, cent per annum. A bond dual annual installments, with interest at blue rate forisaidrwork, unless the property or bonds shall be issued to the.contractor in payment owners Day said assessments beforere saidbe bond orb sills are issueanysum ord. der sumsodue rfrom said $ shall the City of South Bend b roperty owner or owners for said r c koor for hcatescollection tofthe said contractorfor inthe ertifi payment of any bond bonds, certificate � payment for work, except for such moneys as shall have been actually received by said City from the assessments for such improvements. 3 5 Wednesday August_16th., 1922. Continued. All proceedings.had and work done in the construction of said main sew sewer and its appurtenances, amnner of assessments of property collection of assess- ments and issuance of bonds therefor, shall be as provided for in an act of the General Assembly of the State of Indiana, entitled " An Act (Koncerning Municipal Corporations, in matters pertaining to the constitution, alteration and mainteance of public drains and sewers, providing for the construction, alteration and main- tcnance of such sewers and drains in s►sch cities and within tour miles thereof, also providing for the assessment of property speeically benefitted thereby for the payment thereof, in whole Or in part, and for the collection of such assessments,. repealing all laws and parts of laws injeonflict therewith, and declating an emergency, approved March 6,1905, and al:l,axts aupllementary and amendatory thereto, passed by the General Assembly of the Sta�.e of Indiana. Notice of this resolution shall be published on the 18th. day of Auggust 1922 and on the 25th. day of August; 1922 in the South bend Daily News Times, and South Bend Tribun, this Board will give a hearing on this resolution at its offie in the City Hail on the 6th. day of September 1922 at 7:15 P.M. Adopted this 16th. day of August 1922. BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney Clerk of Board. L. P. HARDY, Vice Pres. ALBERT F. HONER Petation received read and approved for sewer on So. William Street from Indiana Avenue to Calvert Street. The follwing claims were approved by the Board. J. C. Barrett $1.75 Henry A. Pershing 24.75 Underwood Typewriter Co. 1.00 Indiana Bell Tel. Co. 13.50 Indiana & Mich Elee. Co. 6,138.53 Howard Cranfill Co. 3.50 News Times Prtg. Co. .112.20 359 192~2 Continued. The following: -resolutions were adopted by the Board. STREET R ALLEY XMPROVEMENT RESOUTION NO. 1044. Be It Resolved by the Board of Public,Works of the City of South. Bend, St;Joseph County, State of Indians., that it is desired and deemed necessary to improve Kendall Street from Indiana Avenue to Calvert Street as follows, to -wit,: - Said street shall be graded and the roadway thereof shall be paved, and Ilso the roadway of certain portions of the streets and alleys which enter or inter- sect said street shall be graded, and paved. -The paving material to be used in making said improvement shall be sheet asphalt,, bitulithic asphaltic concrete, brick or Portland Cement concrete pavement seven (7) inches thick, and the foundation shall be Portland cement gvnerete six (6) inches thick for the sheet asphalt, bitulithie, asphaltic concrete and brick, or rolled gravel six (6) inches thick for the brick, also cement curb shall be constructed along said street where same is necessary and not already constructed, manholes, storm water inlets and conduits shall be constructed where necessary, all manholes tops and storm water inlets shall be set to the proper grade, cement marginal curb shall be constructed at all street and alley intersections where necessary, all as is more particularly shown and all in accordance with the plans, profiles, detail drawings and specifications on file in the Office of the Deparrment of Public Works of the City of South Bend, Indiana. y,. ':17ho Wet of the lmpro-7ernent herel, fear, �� d ;�t uT3 alley Shan `90 Paid tq 00clal r ssersYnont to be levied upon the pa erty s 3c-.ally be- 01, to tie a att that the odt$e MaY be 1ip�= ally assessed therefor, in accordance with an Act of the Ge:.. ral A_:.<;_61,17 of the State of Indlans, OoRtlad "An Act Concerning Municipal Corporations," approved Mareh 6, 1995, aad ta scrort' net with and yi;vfrwe-,_,,at 1t of all acts amand4q aud saw l .>- s`nl tb.^eta. The cost of all street and alley Enter ccti^ems, i,zc?) _^g c `elf of tnp TYM'p l of the 4 c ;a We street and alleys which run into, but do ;zoo es 1 re < „ay 1 _: 'n `y,: _ d to be i. lct , t _ tion of such street or alley abutting z �.:n p vt s- i ; C;t_ P` y 9 1 i" to �, or t'rcn l)r Do ty,uot e,..3; t to s ch asz3,s*^cnt, shall be paid by the City in c� _. clA of i ersl f mod, it allle to do so, or froLa a fui P cicon meted by a s-ecial assessment to be -Vied under the p_o;-z.io-_; of oceti.on 108 of Una above entitled Act. AsscsE gents of 'ten dollars and =pre `� i r each lot, if deferred, are to ba paid in teu equal a�;t;:..l in- etallments, nth interest at the rate of $ig per cent per ann7,uu. A bond or bonds will be issued to the cm- 4; ctor-to the amount of such deferred ass ssWcYts in pro rasa payment for such improvement. 'Under no cireumst, , es shall the city of &,, ath B,-d be, or be. he13 respo -c-iblo for m7 op-i or fro;-1 orld property owner of o s for said work, or for the collecticu of the saiao, or for the 1` ,it of Fo.iy bird, ba;?.ds, certiP.cate or C a tv , v�sued to &?id c t--cto in p3 't"•ar such work (L? c ,t fDP :l rIc-:. ys as shall have acts^ily bo ) rcc:i:-ed by tie C ty frorz the for "uGh is - <t, or i .cti r yw as said City is by --aid e titi,:,l act and c '.^, -.eat and sn ' -1ts the An re.lahled to pay, 'r.:c �Mn.gs had, and work d1.7e in the i ` ng of said f ro e eat, ss _: ont of p}oiarty, collect' ,.a of €1a- is and issuaice of bo-'ds tilcrefor, shall be as provided for in s_id above entitled Act, mid Acts las �;tr1 tbmrc;of a,5,d st l_ le:. c_it=.l. th_ci-Ao. g; �T�i° �}°�yy7^ax�o�'I� a Se IJ �eWMYi• .1922.. :)L z .. .. Jorl , olt dais City, as tx i c i 1i L r - ., ... . said Uo:,,rd of Pli.bile WC03 -ill. all. � to h ifnz3rovETe5_t, a.no will d.^ �.1.: tr�-.:,;:�.vt' tl,e r_.:'_ _ S , ; _.; " d will eat ,? the esti e t r I BE IT z`l7s 1 J, i L It-�h(7d a. d x�ptAcd x , } r Sth. da,.� cf. L*gush .92u t 5_th. August 1922. < � Tribune & News Times AdcWd trs-..,..,.,i6i,iL:°o .._., F= <. - August 1922.. BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney Clerk of the Board. L. P. HARDY Vice Pres. ALBER T F. HONER 3-60 Resolution for Service Connections with Mains 41 .. 11045 I WHEREAS, ; the Board of Public Works on the .. day of ... 192 •�� did alopt a resolutioa ordering and requiring the permanent of improvement • p ... Stull . Si re ei, ...... . . Street from ...... .......... Street to .. La=ay@.Trite Street, by paving the roadway the same, and - 4 WHEREAS, the City Civil Engineer has prepared andfiled in the office of this Board a report showing the number and A location of the service pipes, mains, conduits, laterals, and connections which are, or will be necessary to accorrmcette the , abutting property and the owners thereof with gas, water, sewer, and other conveniences and neccss•iries: and also said City Givil Engineer has t3 prepared and -.filed in said office specifications showing the material to be used and •�" -the maner of laying said service plp zs mains, conduits, laterals and connections from the mains to, the points in- side the curb lines. THEREFORE, be it resolved by the Board of Public Werkes of the Cityf of Bend, Indiana, that the report of the City Civil Engineer is adopted, and said repcit and the specificetior.s prepared and filed by Chim are made a part of this resolution as fully and effectually as if copied herein at full length; and it is fur- ther ordered that all of such private connections with the sewer, gas, and water mains be made in said street { by bringing them inside the curb lines thereof. I And be it further resolved that notice by publication for two successive days in South Bend News times & Tribime a newspaper of general circulation printed and publshed 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 theil+ +- day of 192 —, and that if said connections are not made on or before said time and in accordance with the speci- fications and report on file in the office of the Board of the Public Works, then said Board will cause the same to be made and will asses the cost thereof against the property abutting upon said street, and shall do all other things pertaining thereto according to the provisions a e ui , 8{2��'�t21C�`�f' AO ted by the Common Council of the City of South Bend on July 24, 1916, and cf all ethc r c r nIs cc� relating thereto. t 1 i And, be it further resolved and ordered that after the 20 day period has elapsed for the making of said connection by the property owners, a notice shall be i1 published for two weeks, once each week, in the 4 South Bend Trlbya! -&N Times newspaper of general circulation publ•shd in said city, requesting bids from contractors for the making of such ` connections as have not been made by the property off nets, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids shah be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas and Electric -Company, which holds a fran . chise from and is e n»w.raj by said city to furnish artificial gas to the citizens thereof, and is engaged in said b siness in sill city, is h-are'ay directed to make and install all service connections with its mains in said Street . in accordance with the provisions of Ordinance No. 1555 adopted June 27 1910 and such other ordi- oances or laws applicable theteto; %hickconnections ire fhcKn tpcn the rcpett cf Ile City Civil Engineer, g eer, and which are hereby declared to be necessary in supplying gas to the owner of property abutting upon :aid' street. I I Adodted this #t _day of August. 1922, ,192 L•. $ HARDY# Vice President � BOARD OF PUBLIC WORKS. ALBBRT F. HONER l 0 'ttesteds® Veronica C. Swooney Clerk Board of Public Works. 1 71 361 Wednesday August 16th., 1922. Continued. z jnspectgr reported on complaint filed by property owners on Olive Street about light pole, as fallowst- This pole was recently placed on Olive Street inside of the walk on the dividing line between two properties as there must be a guy pole on the east side of Olive Street to guy the�pole line on the northwest corner I recommend the role and light stay where it now stands. Thos. H. Beaning Inep. report approved. Attested:- 70 Clerk of Board. President of Boar .