HomeMy WebLinkAbout09/20/1922 Board of Pbblic Works Minutese 44v�.
f• y
t Board met in regular session at 7:15 P M 'L. P. Hardy -absent.
alley north oil N%varre SDreetrfromeMa ng`Streetntaethe first alleysolution for East,,
under
.®F tic first
f
y t, under Vacation'
Resolution Ns. 63,- In the City of South' Bend Indiana.
Upon said hearing Attorney Arthur Hubbard and Mr. Eldredge
representing the Epworth Hospital appeared for said".vacation-and abutting property owners
on said alley appeared objecting t® said alley, snd requested that alley be closed to
Michigan Street; but no written'romenst,rance was filed. The Beard therefore sustain
d11 former action taken.and declare -the above described property in all things ratified,
confirmed and approved.
The Board now orders that a roll be grepared-of all owners
or #olders of property and of valuable interests therein sought to be -taken or to be
injuriously affected which list -or roll=shall also describe the property beneficially
affected:
Due toaanerror in the description of the above,resolution
as reported by the City Civil: Engineer, the Board rescinded said approval and resolution
and - Petition being filed by property owners requesting that the alley be vacated
from Md— h n;Str6et to first north and South alley" West of Michigan Street, it was
the Board that a resolution be Prepared for same.
Tuesday -September 20th.s 1922 being the date -set for the final
award an the Pavement contract on Dayton Street, from Marine St,. to Leer Street, and
it was decided by the Board that this. be set for Wednesday September 27th., 1922 at 7:_40
P. M. and that the'Clerk be notified to send card notices to all property owners on the
street to see if they are infavorof awarding pavement contract on prices bid.
City Engineer filed the following estimated costs on.improvements.'
Pipe sewer improvement on"al,;ley west of Scott Street from
La Salle Avenue to Colfax Avenue at.......... 1*053.00
Pipe sewer improvement on Sibley Avenue from Wilber Street to
Brookfield Street at..... ..................$3.841.00
The following eemmun:ication received from Health Dept.; Read
and resolution ordered prepared.
September_ 13th. , 1922.
Board of Public Works,
South Bend, Indiana.
Gentlemen: -
Herewith I return letter of September 7th., to your Board and.beg to state
lihath.isieornection that the Board of health at its meeting this moritg voted to
advise your board to place a sewer on Marietta St. so that it will be possible for Mr.
Lapp to make the connection at 1311.S. Marietta Street.
Thanking you for your assistance in this matter.
Very truly yours,
CHARLES S' BOSENBURY
' Secretary Board,of
CSB IMK. APPROVED Health.
SEPT. 20s.1922. _
BOARD OF PUBLIC WORKS
-BY L. B. SLAUGHTER
President.
Copy of letter of Nopt. 7th.01922.
Beard of Works, City:-
Gentlemen:s
Mr. Charles Lapp owns &-house 1311 South Marietta Ave. He states that this
house is built o the rear of a let which faces on Pennsylvania Avenues that the lot
is 145 feet long and since no sewer is :available on Marietta Street it will be necessar
for him to lay a sewer through his lot to Pennsylvania Avenue. He has been ordered
by the Board of Health to make sewer .connections. The ordinance provides that a sewer
must be available within 100 feet and'therefore we cannot enforce this Order unless the
sewer is continued along Marietta Avenue. I request you inveseitgate this matter
and advise me whether or not it will be possible to bring the sewer within the pre-
scribed 100 feet, along Marietta Avenue.
Thanking you for your attention to this matters I am,
Charles S. Bosenburg.
The following communication was received read and placed on file.
Chicago, Ill. September 16,1922
Honorable Board -of Public Works,
City of South Bends
Indiana. Mishawaka Avenue,
Gentlemen:- 4
.'Co4firming the opinion we rendered to your Mayor and City Engineer at a
reeest, conference, we believe the faulty condition of the present _asphalt pavement
on Mishawaka Avenue, your City, is due to, inferior workmanship on the part of the
Contractor's street gang eoupleq with inolement weather at the time t,ha pavement
was.originally laid and also,when.repales were made last year. During both of then
occasions,,the rolling was i.nsuffient to thoroughly compact the wearifg surface
Moreover, when repairs were made last fall, the new wearing surface' as not laid
sufficiently neon after theold surface mixture was removed to properly unite with
the old material, resulting -in the present rutted and shoved condition of the pave -
meat, especially during the recent hetweather Indidently ,.we know of numerous
other bituminous pavements that have developed a wavy surface during the past three,
weeks, so the faulty condition of your pavement is not confirned entirely to
Mishawaka Avenue.
To place Mishawaka Avenue in serviceable condition we do not believe I
it will be necessary to remove and replace the entire pavement at;,the points where`
the new ruts have developed. Where single ruts have occured we suggest that the
rutted . portion of the pavement be cut out, including the binder mixture beneath,
and fresh binder and surface mixture be used to replace same. In removing this
rutted pavement it probably will be necessary to cut out a strip 12 t,o 14 inches in
width for the entire kength of each rut.. The fresh binder used in these strips can
be best rdlled by laying boards or planks, the approximate width of the strip and
two inches in thickness, on the freshly raked binder mixture and the mixture com-
pressed by running the roller on top of these planks. Greater comptession can thus
be secured than merely by means of hand tamping. Subsequently, fresh top mixture cm
can be raked into these strips and tamped and rolled in the usual manner. We sug-:
est that the thickness of the binder be increased and the thickness of the top mixfurs be correspondingly reduced in these strips, thus reducing to some extent the
possiblity of the pavement again rutting in these strips.. In that portion of the
pavement where several ruts have 4evelope4,,we,9944ier it advisable to.remove entis
ly the present, rutted pavement from car -track to curb and same replaced over the
entire .area C the roadway with fresh binder and surface mixture, properly raked
and rolled.
If you so desire the writer Wi11'be'glad t@'came t,9 south Bend at a
time coventdn.t to both the Board and the Contractor and assist your Engineer in
selecting the places in the present, pavement where repairw are rwquired.'
Very truly yours,
{FILED • I_SAAC VAN -,TRUMP.
Sep. 2011922. -
BOARD OF PUBLIC WORKS.
BY Le B. SLAUGHTER
President, f
The following'communication reoeived 'from Building Commissioner
and permission refused.
Sept. 18,1922.
Board of Public Works,
South Bend, Ind.
Gentlemen:..
Special written permission is asked for to erect an electric sign and
combination marquise at the Golden Eagle Inn on South Michigan St,•
This sign is almost a duplicate of the sigh & marquise now on the South
Bend Inn in the 100 block on the East side of Main St.
Side signs'to be'10'-'4" X 4'--0"
Front " 51- 5" X 4'-0"
Filed
Sept. 2091922.
BOARD OF PUBLIC WORKS
i
BY L. B. SLAUGHTER
President
Permission refused.
r.,
Respectfully ,
GEO. A. DAVIS
COMMISSIONER OF BUILDINGS.
September 20th.9 1922."Continued.
The following resolutions were adopted by the Board.
SIDEWALK IMPROVEMENT RESOLUTION NO. 1067.
Resolved by the Board of Public Works of the City of South. Bend, St.
Joseph County, State of Indiana, that it is deemed necessary to ippreve Gertrude
Street from Prairie avenue•toEwing Avenue as follows, to -wit: -
Said street shall be graded
rfrom property linw to property line to the established grade, and cement curb•shall
be constructed on both sides of said Gertrude Street from prairie Avenue to Ewing Avenue,
a31 as is more particuaary shown and all in accordance with the plans, profiles, detail
drawings and 'speelfications on file in the office of the Department, of Public .Works
of the City of South Bend, Indiana.
1. r t✓{ <<3 3 ."'3i -Fq, t �l. th �14�l9 t' i?f ! yf .y c' t 4iI dra,ka a "s e.,a.j
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GLeiietal A8 sembly of the State of Indiana. Assessments, if d.efux,,aUQd, w! - Ica b-13
pa3ci It tee ec ti�l n�inual instal'iments, -with irl.terest, at; the of 1 LS.. PIT
ourit per anAulii, A lbond Or bonds sh - 11 be 7 sF ::t.t d to the c o n t. jL a, 01 ''uU ' f:,I
01' otah t1te pr pit o,r ?crs �a na�.d a, ec; 7:�2?e71ti✓
s-r bonds are insuod. Und®r no shall. the City of Scat1`t',Ii Bond, , be.
ut bo hold: regvondi,blo i1ol, ally sum Or Sui,.13, due Said P:C°qpo:vty oy'7'' 0l C or
i't� ear t,'�a the cQ1.loo— 3 o-'a Of t.1ho y,�,, l�;y 0.e for ,tie ��,�:��.rzt of
bomdat bonds, uurtifiaea.te Or eert,-Ifl.cnates, i85lled. •tO s3,id C(;r,! V.0tor in pair'.,
for ;� zsys as shy. ham:et;�
✓ frow the for such At
xabove ai: ed Actprr�Qla�nt
ec aired to pay. t l p '' ctat a to
of said improve ent
' Y �.�e�t����n� Q� �a,.-�s��±�.•��gytA .
�. of bo-a s therefor .shall � �
P �. r r� t4 ��� ty �.st`�.t t:F�d t; d . , � �+ {, be as .�.a; cap
€� t-e'c to
021 the..
».14 Q S�rptembery 1922�z ,rl �� - r ,i� �'
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F����i�� �f3�aK� ��'e �r�-, '�! , �« 6� 1'� q e a q
�1i:6fil .�d71 :�,`i'?l� 17fr4iiKJ y? ��!� (+ Ls t?�1 lil��_��.t.iJE! f� `11°1i1 Q
!� Oe4,�obe-r, ag22 o b AS) . � � at', r � 1 r7 d l� t,�x:• ,> .. a d.,-,q o,
day of"
gb4V t5 4 ER
UD OV ��'�1��'I'l�C ��d�Z'r�� nl 4PERT F. HONER
,.✓ v -0 7.v.� 4 q y 5+ r1 4 q el.pi _
Wednesday September 20th. 1922. Continued,
! i
Resolution for
�°vice Connectionsith Main
's
No i-n6a-
WHEREAS, the Board of Public Works on the X".6thi. day of Au9u31; .1922., 192
i
- j
N did alopt a resalutioa ordering and requiring the permanent improvement of Kendall.........' :..:.
h Street from .... -Ind ana • AVOnlie:..ft* to.. Wvolt
Street, by paving the roadway the same, and
WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and
location of the service pipes, Imains, conduits, lateral, and 'connections which are, or will be necessary to accomincebte the
abutting property and the owners thereof with' gas, water, sewer, avid other conveniences and necessaries: and also
said City Givil Engineer has. prepared and filed in said office specifications showing the material . to be used and
the maner" of laying said 'service pipes mains, conduits, laterals and connections from the mains to the points in-
i
side 'the 'xt dines.
THEREFORE, be it resolved by the Board of Public Workes of the City of South Bend, Indiana, that
the reportof the:City Civil Engineer is adopted, Iand red report and the specificetiers prepared and filed by
him are made a part of this resolution as fully and effectually as if copied herein at full length; and it is fur -
I
Cher 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.
And be it further resolved that notice by publication for .two successive days in South Bend
Tribe#H'spaper 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 the 26 s day of 0418ber 192P
l92 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 apcn said 'street, and shall do all
other things; pertaining - thereto according to the provisions .ard requirments cf Ordinance No. 1842 adopted
by the Common Council of the, City of South Lend on July 24, 1916, and cf all cthcr ordinances and law
relating thereto.
-And, be it further resolved and ordered that after the 20 day, period has elapsed for the making 'cf said
connection by the property owners, a notice shall be publist-ad for two weeks, once each week, in the
South Bend "T14 hu*le A, News T a newspaper of general circulation publ'shd' in said city;; requesting
bids from contraetor3 for the making of such connections, as have not been made by;-, the property oM Hers,
1
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. 1
And be - it further ordered. that the Northern Indiana Cas ,and Elparic Ccmpary, `, hich holds a fran.
chise from, and is 'en»werei by said city t3 furnish artificial gas to the citizens thereof, and is engaged in
.�,
said busine3s in sail city, it h.re')y directed to mike 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 Ardi-
panes or laws 'applicable thereto which connections Ere thcvkn iron the rerctt cf Ile City Civil Engineer,
and which are hereby declared to be necessary in supplying gas to the owner of ;property abutting,,upcn said
street. -
4:i3
1922. Continued.
The following.bonds and contracts were approved by the Board.
PUBLIC IMPROVEMENT CONTRACT.
This Agreement,, Made and entered into this Nineteenth day of September
1922 by and between George A. Harrep of the County of St. Joseph and:- State of Indiana,
(hereinafter referred to as -the-" -Contra tor."), ,and the City of South .Bead, in the County
of St. Joseph, and S�ate of Indiana, by and th bugh itd Board of _Public Works , (herein-.
after referred to as the " City"0, under and by.virtue of an Act of the General Assembly
of the State of Indiana, entitled " A n Act Concerning Municipal Corporations, !A approved
March 6,1905, and all amendatory and supplemental acts t,hereto:-
Witnesseth, that the contractor csventnansts and agrees to construct
pipe sewer on Calvert Street and Kendall Street from Chapin Street to Ewing Avenue,
in the City of South Bend, Indiana, at and for the following prices:
1000 lin. ft. ef.15" p er lin ft........... 0 ......$3.20
520 lih. ft. of 12" per lin ft.................. 3.00
324 lin. ft. of 10 " per lin ft.................. 2.50
1018 lin. ft. of 8" per lin ft........... ,.80
60 lin. ft. of house connections 71-6" per l,,in ft. 1.10
15 Lstorm water grates, each.......................1a.00
° 5 mahho�lers curbs and covers, each. ................29.00
60 lin ft. of manholes, pr Tin ft............'..... 7.0.0__,
00 of Mid iWpreVeot _. e
�.. 1027 _ & ted br � Beard elf > u ��� 'AM
.. .1922.
t� � € i l t x % � f� �-1 the office of the e rt ��t 3 ? �t
f � It iy r t r� qh t are retadte a part tlerFof as >!1� cfd � e;b t.% �, g " -
to t t 1 t 111,g1gtfjd
T4 uylupU0 ffyfthr ep it es t venarsts and
y ( Atli (a S { b agrees that in thu mMution of AaM work all proper
lam �!'t ttiLt t9 ��rill #�� �!��r •st l ; tl! t lt� r'l p onn `•T d , " o�>-tI all exrz r
atipns end +apt rotelct
1rWo All dire avd, pftj ttJ inni^y +J) iry person or pro. t,rty, that it tilt' t vtlli;
l# ftjt#t of fixllttN. #� res' ltifl r ,frtn tf•y *r-)r' or resift. r fr-nn n y'r xtt.,r or thin ti.onntcted t!i•lta�'e' it1 (''
�kwiftg i herefrt)ln, try an er8r�n or tiro erg he ,,,;11 p a ,n 't
y p P Y, y I l e'udate sane at hta taws G� pt�tlli�4, I111r1 A,4 ,
UtEti= 1111t li .htl9ty tlaercft t; and in tltd eyelet o any clair-1 c claims being made or any action or alit{erns �)€+1nt�
4't9i# It a itt!at tht city by reason or on account of or gro•.vallg Otrt of sn.sd v7ork or ito cons ,trticstin3, tit sr3;s
outitl ,ti�3�'�till at hi8 own expense d.efatM the same, and vrill pay any judgment recovered therein, nrid will in
fA11 f'e8tACt6 fully indetrinify and save harmless said city, its officers, agents or representatives frntri € ll rio t:
1 ti)OIltte, pa; tndtit Ut jud9trtetit recovered in connection with such claim or claims,.dction talc a .tion,% Antiii
Witltii� Left Tayb aftter, any, stick action is begun, the city-Ohal notify the contractor of the pen is rlcy titre` ;r1�,
ttt tt t1y. �tatlgEtertt iretfditked ftatitSt the city shall be co-aclus-1ve against the contractor and against the 5t1rFt
Un leis tMttct3vri htsltd, As tO th<, :rr3on t, liability and dther matters pertainixtg tkttx'P4ct.;
Ana the coritrac tot glees to i,t+aln said improvement and slake such repairs as may be necessary tot
� tl� pilq {h� #:=?,a!,el t 911f0 �estlons, mid. to secure the maintenance and repair thereof
f rta!tl j`fi1�3llc ltll la tt Er"{` € ailll 814fR 01A N��t"et' t �r�on and in are mount s fixed b *he
fj)It tt'€tt Y
if ilia wilitfOlU l Rild .ate,-aurOty on his guara.nterte� bond shall be
s;J':ijE t { ttt i2 �xl it j{ti rli{� to ilia 0-1 V �,iid ilia f)t1t+l efWfi fhl- PAY hijury:or tiatnagea to any pers(:n or prop-
ti tti {! r; t rttit. fiifltititfis t t#ttatib t--�tttti l� trr't{ l fete lds
kl`flO ii tl tteduaragrapl� covering the con-
>a.rji ?:
rf l{ t i f, ii cd ljy Al kl k;rit*tret fi s-t11 t t ft,ah 00A the s apt t e of the wont proAded for in this
$ ti"'4t tt t; CIr lftt. l i yi!ti tit tli i t sht-011 lice C <+.,� i , f!, 5 ,! i.. T 1r t t )!I# { of, the City of an
y of tht pr(ii i -
Yt S'b of t11L, iS't t, Yit`itf{shill if t'11c:3,;� at, the �IUI rite rJ t biti bond felt tb liP�l1E'IS ll�t'faliJl
JfS ! ' #t s $ ry� }}. �iNNyayY Y i�+ ail f
y tl, �)i ,;t Ot 411 y y)I ti Y Acei f: Jt-� of
�ti 1t-t ty t S [St 1 1 tt t C ll.'tt Of C Kitt i i£ tali' < 71' to the r olitta t riYar� thew iv��t�ll ! S
l'c ,13dt I tr Ccii l t `c'i t3 tO 13. y trlf Il ?1 C3« ! iCi tt,riGjv a ed or fur 1SoS Ll to be i41 thry fit' akir", of
8ttl"l$ yY'i1311t'V� }�1{;f1t £iItd in tl�l. 1, f'tESl'32i �rSto �d1 th:s coilt,_:ct. !�.?r,.htr L�.`)t.'' �`a` fu I1, fiif!d for j hivi, Clt'
d542 1at'�y st.t i..`ciscir bt Sell)=oIttl' ('tbr; And the e ty lrtty rtr!be-Ve tech fief an-Y all iiP. afi)CS' ltl� lP on idly t:S .it`i_1's[`.
Ili itA�l )" toil` the ctilitractoir hr 1.1fssigt!8; bt 6t t of tiv� amoutlt due hi of his MsGiglts !%d11pe l fete t;r3e'sti
tiE the work, bri t,:nch ss ttix ceb aty to pay all laborers or riLtelial inet2 f'ot: ttt.,cj,..zlts d�ae the t.l 1 t
ate titfe clei3x air kxiater" itseea or cuttit d be 't~si tl ltx file perfot<r.,, Tice of this contra r t alicl tine tioi ap <,f
51i. Lt 1Cy .Lild the county tt�a� +icY, acting t3s city try, -surer, may ref Moneyeo.!f,-.t�'t� fromproli`'tt:v
t715'Iit`i Awiess a fly' Wild 1�iTI. }3'U� ,t legit to `l Ry ttich CAP_h_s fo' t3rk'_tl the Cf),.tt-,�,Ct _tt` t3`.C3$Y5 'L�?6t thtT h&ye, 17e:e'f
Paid or %atisfied
1.*Ie cell, : a c aba ecs to I etnv ear h nmd un•.s{ed wa.teriat ig tltq 5tre t$ or g1dq
Upo?i the PAtnpletlorl of the inipt o' ei, It <lftbe i ep t t
Tltp o6c- of walt4w sttctl 11"Its ',< ,} t,i!fi �1i+11 ht '� A; ffsc.t as fst lYf t€t i t ictt ? €tf flip =nt#tiq ti of
la let fl%V t3l
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c� _ z >f 1'i�t th@...���t'd F?� �14b1i� ltl `�14gc
i'3al '1pi i{ Ott t,.!i is7il ,t ti ;t• aJ�y zilc t `iml (A tt6i c. itfact oi- of the witmi€t; of mFlt�l�
riC1 ot liEtitt_l l9ttti t Ei k !?}tit{{ { 1"i iv;q <! `+: !' ritS tttitia: y f.i} tiF2t.}1!Ir.� or I.f:Jtillifltig of the t'-oiitt`c t for or ells bulk-
tli�st flit= c,tttti i- t, �t tli 111 fait "�1'00tt. tots} ��-t, CIt- �,a,{� lF t clip �rt,rlt or airy- part irLi�t,itif 4c�
-Of tl e b cj rJ V ,±, f. i Ytit•1i!i,
�t is llYtlsY.t Fslt^il t �ti? 1! _:d *I-J.i + t.r)iiruvttll Shall- tjiVe to f.gidettt5 of 8AC Gity �I�� r ��_
r eel Itt:e f l the EiNlilz,yJ , -rit of all ldl-jn tic; ..;,s...ry ini1t: p rtci+r t,rh=., of this cat+i' ct and fa#liN , t3 0J f
Shall lrurle i to £he cti_y th 9,1,-r ci fundoiki fit 17 31t1 �e, to ob�;t�rve thi1 8tiptllatic.ft.
t1E1: illioti the pet-ltit-ttla.t .ire rellire ..tt. 1tio s Cif tliit; e-ontrA , and thiftgto be dofta drill
Crlut2 Ed bet siaid Watractot the said , tit ,.p,, tO Ca'tse the cost of doi,tg such v✓ore: to be a5se55eCl, col=
crte t_1 lttl hire td wire t tinti-attot in the ti ud by the; statute goveriiing the malting of such in provrtom
Tts rmth 0 ffic, tifid stiPt.d'Aions of this caul-Irst:t, including all and singular the proAsioh§ zv+d
It@t°i i� of the 171an9, lirehle, pcc: l - =,_:_tl s and tt-solution xfor:,:;;tod, tl: t u- ' •.-iglied bulls hii-aself ok itself;
i-
and trio tt+,Ti ive 6uet- s iof hi- 95 "5 of Sul-11 1; sties,
In Testimony Whereof, We,
hands this 19th. day of September 1922.
CITY OF SOUTH BEND, INDIANA.
Its bp94ra,u'
the undersigned paries, hereunto set our
GEO. A. gARROP CONTRACTORS
454
Wedne adwy September 20 th. , 1922. ContinueeL
S".
ft l '(p4�+�='�?; R wwwwwwwww ��'• .h_ . -®.."..`�T.... .........waaxuxxxxnur�, u''Ai°.
NA x.-.... a P
t
Stott fA ,!Pv ,&---De1p0$i: t...�`@m
ty................... _ ...... saz,uuu uuuuuti'sl .=arylhd
ett� re held and firmly born-.1 to the CityYogi Booth 1"od, fit t. Thousand
�id a�hl d 3, 404.00
�? ykzezi ofrlZzeta, cell aid t t�lyJtas by rra , vac 1tt1 aticYt�#'���+Ii#���1, '� sx� #�
tA;� sds�-�iustrate�: agd ass`�s, f.mly ?�y t1�cs� presiw�it�� _
e�*a�&iti�za of a a�>ali:=,-at`io� a.e: such rl�a:.. if` t;`c� a�(�*ftE� 7'i��rie�...,��.y.... ......
George A. Harrop
. �,.. snail 'aiil lY . C I . ->,.. ,
a aril L ,_• .. r g
.....___-..._._............... ,i' i % i°i L�lc I�t).t.F�Olr;a L 1
mn.de and entered into tl e da at -----------------Do t,ttt ber_ 1 22
n r}eyeen , y P. 9-_._ 19---_
with the City o� Soatls r ;:ndianz and sb .'.l €,ar1, aIP thf
Y :ono iOrss aril st oulations therein contaimfl,
aCCOrdInn t0 tl?e irtl intenta ?E1.: j f17 Cf, i; ?:l Te AS,[....', ri7... 'Jim]- 'itSLn i0 be VOICj O 11Ci'Sd3
to be and remain iw f all force. aid vir`i i.: ' aw. In Ow evc:. -ache said Ci* shall e.-dimd the time for the
_Coml)letlOn Of Sa7Cl� Y Qil.{ �1��1 �E 1, -y?C 7 }'i il 1:IOt IY a .y .vay release the SJLi2ileS'On. this bond..
This shall. be a constrt7 tioi? 1)ond;, an.d,the sureties on the same shall, not be held responsible for the
maintenance and repair of the improvement after it has been accepted-bythp second party, but such sureties
shall be held tespdn'stb?e'for tlle'faiV-�Fil'coinpliance with all other conditions, stipulations and requirements
covered by of set ottvit `thd C6nte'a�t:
W1TNE,,S5' our hands and seals this nin,G *ut4da
FIDELITY D DEP 0, ... �D ...GEO....A , .HARR.Q$ ....... . _.w._ ,.a ESL)
The :above rend approved this...... 2D.tYt,.•......_------- Sept:.-,1922..
ALBERT F.�HOMER
Dwrd of rublic worts%
PUBLIC IMPROVEMENT CONTRACT.
This'A reement, Made and entered into this 5th. day of September
1922 by and between Rieth-Riley Const..Ob. of the County of St. Joseph and State
of Indiana (hereinafter. referred to as the " Contractor"), and.the City of South
Bend, in the County of St. 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 Assembly of the State of Indiana, entitled " An Act Cons
Concerning Municipal Corporations, " approved March 6919059 and all amendatory
and supplemental acts thereto:
Witnesseth, that the contractor covenants and agrees to eons
ggrading on Division Street from Olive Street to West City Limits, in the City of
South -Bend, Indiana, at and for the following pr4-es:-
7275 cu.`yds. of grading per cu. yd... #*o#*e**9*$*48
aid to perform ail work in the prosecution of said improvement under and according -to -the terra mW qm-
ditions of Improvemeni Resolution No, ....1D1:J ......... adopted by the ward of public Works. -111 lyh • 192
and the plans, profile and specifications on file in the office of the Department of Public L Works. wblch sal _
resolution, plans, profile ;and specifications are made a part hereof as fully and effectually " if copied and
set out .herein at full length.
The contractor further expressly covenants and agrees that in the prosecution of said work all pobpeer
skill and:eare vri11 be exercise3; that he �r11 property -.< rw a.I-d ct all excavations and -dangerous places,
)and will use all due and proper precaution to prevent injury to try person or pronerrty; that in the event 9'
any injury or damage resulting from the work or resulting from any matter or thing connected therewi4a or
arising therefrom, to any person or property, he v,+ll pay and liquidate the same at his own 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 said work or its construction. the said
contractor will at his own expense defend the same, and will pay any judgment recovered there%n, and will in,
all respects fully judemnify and save harmless said city, its officers, agents or representatives from all cost!
expense, payment or ,judgment recovered in connection With such claim or claims, action or actions. And.it
within ten days after any such action is ibegun, the city shall notify"the contractor of the pendency thereof,
then any judgment rendemd against the cityshatl'be conclusive against the contractor and against su the rsty
on his constiuction.ked. as telh- amount., liability and other matters, pertaining thereto,
HAW
Setember 20th., 1922. Continued.
F;? d the contractor agrees to niiai:atain said iii7kTOJ z_ef'ii1 a- :£a__c itF I_C il: US 111L:j r,.tX(: a.i:lry" .
the period and in the manner as fixed by the specifications., and to secure the maintenance and repair thereof
to file with the Board of Public Works a bond vlth sufficient st:rety thereon and.in an amount as named by the
specifications. And in doing -such repair work the contractor and the surety on his guarantee bond shall be
subject to the sar:ie liability to the city and any other person for any injnry,or damage to any pers,m or prop-
erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
struction work.
And it is further agreed by and between said part';as that the acceptance of the work provided for in this
contract, or the payment thereof, shall not const•,tute a waiver oa the part of 'the city of any of the provis-
ions of this contraet, nor shall it release said contractor or the sureties on his Bond for the faithful perform-
ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
contract, except to 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 making of
such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
in favor of the contractor or .l ; assigns, 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 material inert for amounts due there for
work done or materials used or furnished to be used in the performance of this contract and the doing of
said work, and the county treasurer, acting as city treasurer, may retain money coll,::tea from property
owners assessed for said improvement to pay such debts or until the contractor s?:ows that they have been
paid or satisfied
The cc
at--aor agrees to remo• - all ru5!.)ish; earth. and untised.material in the streets or *ides
upon tbte completion of the improveement er the repairing thereof,
The work of tns,king such improvement shall be completed according to the terms of this contract Ott or
before'the ..............___ ................... ,,....._.--------------------- ----day of ----- --- ---- - - -
- .. ....- .. ., .........
hitless the ti a for the cor.npletion of the sar;,e shall be extended in writiiigby the Board of Public Works,
And it is agreed that any such e�;tension of tim,!, or any alteration of this contract or of the manner or loath•
ed of doing such work shall in no way affect the duties, obligations or liapilities of the contractor or his sure -
tie®.
It is agreed that the contractor shall not assign this r,?,ct, or sub -let the work or any part thereof to
be dome. hereunder, without the writ -:en co:: r.t of the bl_; rd of P..)lic Works,
It is, farther agreed and stipulated that t'� > contractor shall give to residents of said city and car• lafy
proarence in the employrnx:rit of all labor necessary in'the performance of this contract, and failing to 6.) s%.
shall forfelt-to the city, the sum,of ten, dollars for each failure to observe this stipulation.
Anil upon the.performanc- of all the terms and conditions of this contract, and things to be done and
pperfori,ted by said contractor the said city agrees to cause the cost of doing such work to be assessed, cal -
lectt all
to said contractor in the manner -fixed by the statute governing the malting of such Improve-
e<tente.
To. loch of the conditions and stipu% ions of this contract, including all and singular the provisions ar:d
ar�;is of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or. itself
and the ri.-,pactive successor or assiens -of st,c;n .varties. -
IN TESTIMONY WHEREOF, Re, the foregoing named parties, here-
unto set our hands,this.5th. coy of September 1922.
' RIETH RILEY CONST. Co.
BY A. A. RIETH,
CITY OF SOUTH BEND, INDIANA, Contractor.
BY L. B. SLAUGHTER
ALBERT F. HONER '
Its Board of Public works.
CGINS RUCTION BOND
Know a-H men by the", That
of the County of_.......... .. g s h _w_ .__..�......., Mate of.......,InAi ...=....................... as prinei-
jai, and .....___....:- SBllbher37.railQ _ C 0 1 21i ........... I .......
of ahP County of Pelk -....and State of.:_ ...... Iiwl1
Ps s=neties, are held and -firmly bound to the City of South Bend; Indiana, in the sure
_ax.Y six------------- ------ 00
______ _ _ ___----------___ _ __ .. _. w.. _.� _.........._ .............:"„Dollars ($1, 746 . �.
for the payment of which, well and truly to be made, we jointly and severally bind otwselves, ci se hciu,
.executors, adminstrators and assigns, firmlyby these presents; `
The conditions of the obligation are such that if the above named_.
_.--- ----- --- - ---
RieLh .Riley_._constr_ue_tiour . i #ai:.:: i. orripiy ,L11 Lac coreguing contract,
Company
made and entert3 into the --- --- ------1►�1�- -day of -
with the City of South. Bert, fndiann and shall fui-till alrth� co9difiors and stipulations therein contained,
according to the true intent ar ,' mewl;~g th _-eof, in all rest- _its, then this- obligatidn,\to be'void; otherwise
to be and remain in fill force and virtue in law. In the eves_: the staid City shall extend the time for the
completion of said work, such extension shall not in any release the sureties on this bond.
This shall be a construction bond, and -the sureties on the same shall not be held responsible for the
maintenance and repair. of the improvement after -it has been accepted by the second party, but such sureties
shall be held responsible for the faif'-ful compliance with all other conditions, stipulations and requirements
,wyered by or set out in the contract,
WME;S our ftn& mW seaU hs-----------s...e t.,,1922..:,.,:.,:...
FIETH_ RILEY CONST. CO.: AL
BY E. W. CURRY $fi A`:... :....-R= � .. ,,
...._
+e fiend t ved this-........_2Alh.. T ..dap cif.....:, _. >..sm-14J.1.a?
�::..,...-A.. B.SLAUGHTER
ALBERT F. H
*Mrd oil ;mefgortck
The following resolution adopted by the Board.
COPY OF VACATION RESOLUTION No. 66,
Resolved by the Board of Public Works of the City of South Bend,
Indiana That it is desirable to vacate the following: A part C the first alley
north of Madison Street as follows, topwit:-
Beginning at the intersection of the
east line of Notre Dame Avenue an the, south line of the first alley north of
Madison Street; thence east on south line of said alley 159 feet; thence nrth
14 feet to the north line of said alley; thence west 15.9 feet to the east line of
Notre Dame A venue; thence south 14 feet to the place of beginning.
The following property may be injuriously or beneficially
affected by such vacation:
Lot 6 Chapeton's Sub-Division.of a part of lot 10
Co ttrrel l' s Add.
Lot A Chapoton's Sub -Division of a part of lot lot 10 Cotrdll's Add.
Lot 11 nn nn nn nn nn
South 33 ft.
n n
of lot B. nn fill nn nn
Notice of this resolution shall be published -on the 21st. day of
Sept., 1922 and on the 28th. day of Sept., 1922 in the South Bend Tribune and
News Times.
This Board, at its office in the City Hall on the llth. day of,
6t., 1922 at 7:15 P.M. will hear and receive remonstrances from all persons
interested in or affected by these proceeds
Adopted this 20thr day of Sept.91922.
L. B. SLAUGHTER
BOARD OF PUBLIC WORKS. ALBERT F. HONER
Attested:-
Veronica C. Sweeney `
Clerk of the Board.
E gineering filed assessment roll and final estimate for
Pavement on Sunnsydde Avenue from a point 44 feet south of Washington Avenue to
north lin of Washington Ave. and Washington Ave. from Sunnysdde Avenue to Jacob
Street, under Improvement Resolution No. 943. In the City of South Bend, Indiana.
Resolved that notices as to the -amounts of assessments be
published on the 22nd, day of September 1922 and on the 29th. day of Sep�t.11922
in the South Bend Daily Tribune and News Times in the City of South Bend, stating
that this Board will give a hearing on the amounts of such assessments at, its
office in the City Hall on the llth. day of October 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
Pavement, on Donald Street from Miami Street tp Leer Street, under Improvement
Resolution No. 959. In the City of South Bend, Indiana.
Resolved that notices as to the assessments be'published
on the 22nd. day 6 September 1922 and on the 29th. day of September 1922 in the
South Bend Tribune and News Times, stating that this Beard will give.a hearing
on the amounts of such assessments at its office in the. City Hall on the llth
day of October.1922. at 7:15 P.M.
` Resolved' further that the entire work under the above
contract zkAx be accepted and approved and -the final estimate thereon allowed.
457
Engineer filed assessment roll and final estimate for Grade, ourb. and walk on Broakfiled Street from Werwinski Streetto Lincoln Way West, under Improve-
resoltLtion We. 931.'_ In the City of South Bend,, Indiana.
-Resolved that notices as to the assessments be published an the 22nd.
day of Septet 1922 and an the 29th. day of Set-9 1922 in the South Bend Daily Tribune
'Times, stating and News that -this Board will give a hearing on the amounts of such
Hall on the llth. day of October 1922 at 7.15
assessments at. its office in the City P-M-
Resolved further, that the entire work under the above contract be
apeepted and approved and the final estimate thereon allowed.
Engineer filed assessment roll,,,for grade, curb and walk on
Wilber Street from Linden Avenue -to Le I ngley Avenue$ under Improvement Reslution No.
951. In the city of South Bend, Indiana.
Resolved that notices as to the assessments be published on the
22nd. day of Sept-, 1922 and on the 29th. day of Sept., 1922 in the South Bend Tribune,,
and News Times* stating that this Board will give a hearing -on the amoun-ts.o-f such
assessme-nts at its -office in' the City Hall on the, llth. day of October 1922 &1 7_49j-15 P.M.
-,?ebolved further that the entire work under the above contract be
accepted- and approved' and the final estimate thereon allowed,.
The following claims were allowed by the Board.
I. Van Trump 1151-72
So. Bend Tribune 26.61
News Times 28.20
Ind. Bell Tel. Co. 1.10
Ind. Bell Tel. Co. .20
Indiana 29-50 Lbr. Co, 2
The Tuttle Corp 32.00
W. A. Slick Treas., 19670.62
Havey L. Hager' 42.94
Attested: -
Clerk of the Beadd
President.