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10/24/1922 Board of Public Works Minutes
Board met in regular session at 9:00 A.M. All mmmbers present. Mr. T. H Beaning Pole and Wire Inspector before the Board in regard to the,conduit in the alley at the Palace Theatre Building. The Board ordered that the following letter be sent to the Indiana Bell Tel. Co. Toe a decision as to what you are going to do with the.condui t in the alley, by P :lace Theatre Bldg., if you are not.going to useit please arrange to have it condemned without delay and let us know your.decision. 0 Mr. Geo. A. Davis Building Commissioner appeared before the Board with a.blue print of the Smogor Lbr. Co, building on which a remonstrance was filed. . Mr. Davis adtised the Board that this building complied with the law of the building code and said he would boidpermit up until to -marrow: Dr. Dugda6le appeared before the Board and inquired as to what time.the tenth Street sewer would be completed in river Park on account of new Nun.er School. F. J. Anderson City Engineer present and stated sewer would be completed in time for the new school to be connected. - Bid. of Thomas Williams for water connections on Kenndal Street. Long side, each $29.25 Short side. 24,25 , -Bid of Wm. H. Burke Short side, each 19.90 ' 'Long side, each 24.50 Referred to Engineer for tabulation and tabulation show Wm. H. Burke low bidder and contract awarded to Wm. H. Burke to start work immediately. The following communication received from L. W. Hammond City Attorney read and placed on file. October 20,1922. Board of Public Works, City of South Bend, Ind. Gentlemen: - I am returning herewith the claim of H. A. Von Schon, and attached statement of Dr. A. D. Huffman for $50.00, medical attention rendered to the claimant due to an alleged injury received on September 13,1922. The rule in Indiana seems to be that a City is liable for injuries caused by defects in its streets or sidewalks if said defects result from the act of its officers or servants; it is also liable for defects caused by (6thers when the city has notice of the defect or when it has existed for so long a time that notice will be presumed,.. If in this case your investigationshows that the City's officers placed the board over the hole in the bridge or that they had notice of the defeat of that it had existed for a long time,-ften ln-my judgement the City is liable and the claim should be settled or compromised. I may suggest that the surgeon's charge for this work seems riather high for five -visits. Yours respectfully L. W. HAMMOND FILED City Attorney. Oct. 2491922. BOARD OF PUBLIC WORKS. BY L. B. SLAUGHTER President. Mr. Pefi_ffer and Wm. Happ. appeared before the Board in regard to clsuter lights on S. St. Joseph Street from Jefferson to Wayne Street. The Board ordered the petition reconsidered and referred same to inspector for report. Inspector reported on poles and wire as follows - Complaint about pole at 707 No. Scott, Street. Home Tel. Co. ordered to reset to the north to the corner of the woodshed or farther north to the dividing line between properties. Pole at the rear of 1331 Randolph St. This is an Indiana Bell Tel. Co, pole jus6t set this last spring. should be reset to the east about 20 inches. Want pile moved from in middle of lat. alley east of llth. St. on -Vine Street. This pole will be removed in a few days. All the above reports approved. r.5-1-2 Tuesday October 24th., 1922. Continued The following communication received, read and placed on file until assessment roll is filed. October 18th., 1922. .n b Board of Public Works, City HaEll, South Bend, Indiana. Gentlemew— During the construction of the Division Street pavement the sidewalks and curb bordering on property, belonging to this estate were badly damaged. The sidewalk and curb referred to is on the north side of Division Street from the alley east of Meade St,ret, to the alley west of Klley St. We ha✓e taken up with the Reith-Riley Construction Company the matterof replacing the sidewalk and curb which has bean, broken. They claim the damage was done by their sub -contractors and have advised us that they will "endeavor to repair the walko as soon as they emmplet,e the pavement,". In or. er t at our interests amd the interests of our customer's be protected we;hereby request that payment be made from funds due the Reith-Riley Construction Company from the pity in case said Reith-Reiley Construction Company fails to take care of the claim in proper mariner. s Very truly yours, TRUSTEES OF ESTATE OF C. FILED STUDEBAKER OCT. 24,1922. By Francis M. Thurman, BOARD OF PUBLIC WORKS* Secretary, L. B. SLAUGHTER President: Board instructed Clerk t,o write'to Citk u,&ortney and request, - opinion in case of Harry Brasy dumping dirt into the Bow&ar, Creek abstruting the flow of water through and under the bridgenest his property on Dubail Avenue. The following resolution, returned by the United Staat6s Fidelity.& Guaranty Company -in regard to McHugh and Cole Co. contract for sewer was read and approved by the Board. r R E S 0 L U T I 0 N. - Be It Resolved by the Board of Public Works, that a certain, c contract executed on the loth, day of October,1922, by and between the City of South Bend, by and through its Board of Works anf the McHugh and Cole Company, for the construction of Sewer No. 1. River Park in the City of South Bend, be and the same is hereby modified by permitting the construction of manholes and catch basins as shownn upon the plans thereof to be concrete according to the plans an, and specificaions to be provided by the City Engineer instead of brick as provided by the original specifications. Subject, however, to the approval and consent -of the Bonding Company, now surety or. a„ri;a bond of said `contractor, and provided further tbAt n4thing .herein contained 'shall, be 'construted=�Ls a waiver of any righto on the part, of the.City of South Bend to demand the performance of said contract... in all other respects -in conformity to the paan.s and .speeification.s Mretofore adopted. APPROVED SEPT. 2691922. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Not operative until accepted by Bonding Company ° October 10,1922`. Accepted United States Fidelity & Guaranty Company GLENN C. WEBB APPROVED OCT. 24,1922. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Excavation bond of Melvin Byhee and Ernest, Bryant approved. 513 Tuesday October 24th., 1922. Continued. The Indiana Bell Tel. Company granted permission to set the following poles and anchors. To set 7-30' poles and R anchors in the alley bet. Garst and Stull Streets from Franklin St. -to Michigan Street. Keep poles 20 feet from property line on Main St. and Lafayette St. All poles to be used jointly with I. & M. Light Co. Also to place l underground ¢ips across the alley between Main and Lafayette Streets, ,mipproximately 60 feet of 2 duct conduit. To place 2 duct conduit, from proposed pole at the side of 1121 So, Main Street to proposed pole In the rear of 1121 So. Main. Set 1-30 ft.,pole in the alley north of Stull St. between. Main and Lafayette St. To place one anchor in the alley between Lafayette and Franklin just south of Sample St. Atty, Clements appeared before the Board and presented agreement signed by the Mooren Brothers for sidetrack which was approved by the Board as follows: - This Agreement, entered into between the City of South Bend, Indiana , by its Board of Public Works, party of the first part; and Jacob Mooren and Isadore Mooren, a partnership, doing business under the name of Mooren Borthers, parties of the second part, WITNESSETH: That Whereas the parties of the second part are fruit eomwissioxers and merchants,axt doing lousiness in the City of South Bend, Indiana, and are construct- ing a ware house to be used in the handling of fruit, which warehouse will be located northeast of the tracks of the New York Central Railroad Company aard that they desire that a sidetrack shall be constructed from the main tracks of said railroad across the alley along and adjaceixt to the northeast.side of the right of way of said Railroad Company and extending diagonally from Bronson to Carroll Streets. In the City of South Bend, Indiana, to their warehouse; AND 'THEREAS the parties of the second part and the New York Central Railroad Company have entered into a separate agreement whereby the parties of the second part are to build the sidetrack herein referred to and the New York Central Railroad Company is to give them service over the same, but that by said agreement all property rights in •said �sidetrack •are -in the parties of the second part; IT,IS THEREFORE AGREED that the parties of bhe second part are hereby given the right, privilege and authority to construct, maintain and operate a rail- road track over and upon the above described alley more particularly described as follows:- A standard gauge track shall be constructed across the alley extending along and adjancet to the New York Central Railroad Company right of way and running diagonally between Bronson and Carroll Streets in the City of South Bend, Indiana, which track will cross said alley and rue in a northwesterly direction to the warehouse owned by the parties of the second part, and intersecting the south- west sideof said alley at a point approximately twenty-five (25) feet from the place where said alley is intersected by the alley immedately west and parallel with. Carroll Street and crossing over to the northeast side of said alley -at a poiA approximately fifty-(50) feet frOm the intersection of the two alleys as above set forth; that said alley and the location of said track across the same are shown by a certain marked Exhibit "A" and attached te.this agreement and made a part hereof. It Is Further Agreed that if at any time hereafter the City of South Bend, shall ca se the main tracks of the New York Central Railroad Company. opposite the sidetrack herein described to be elevated then said sidetrack shall either be removed entirely from across said alley, or said party of the second part may at its option cause the same to be elevated above said alley or removed in a manner to be approved by the Board of Public Works of said City. And said parties to of the second part agree that they will pay the entire expense of elevating said track above said alley, all of which shall be done under the direction of said Board of Public Works. AND IT IS ALSO AGREED that if at any time hereafter any other railroad company may desire to construct its tracks into or through the City of South Bend parallel with and along the north side of the main tracks of the New York Central Railroad Company, then the parties of the second part will upon the receipt of notice from the Board of Public Works of said City promptly remove the sidetrack which they are hereby authorized ao construct; and said parties of the second part hereby further, agree to construct; and said parties of the second part hereby further agree tx in cons! considertation of this grant, to surrender any claim for damage against said City or an; other railroad company for being required to remove said side=track, and said party of the second part hreby agrees that in the event its real estate is condemned for the use of any such railroad company that it will not make'any claim for damages to s*id real estate because of the fact that said real est ate had enjoyed the benefits of a sidetrack connected with the tracks of the party of the second part. 3 It Is Further agreed by and between said,parties that the partis parties of the second part, will plank the crossing in a substantial manner the full width of the alley, and will maintain the crossing of said sidetrack over said alley herein referred to in a.safe condition, and will make all need_ of repair on the same and on %he grade crossing over said alley,. R �?ITNESS OUR HANDS AND SEALS THIS24th. day of 06t. 1922. k THE CITY OF SOUTH BEND, INDIANA. BY. L. B. SLAUGH f� L. -P. • HARDY- " ALBERT F. HONER Its Board of.Public Works. MOOREN BRRTHERS BY ISIDORE MOOREN " JACOB MOOREN The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEUENT, Made and entered into this 21stt day of October 1922 by and between H. N. Banres of the Count of St. Joseph, and State of Indiana, _[hereinafter referred to as the " Contractor"T, and the City of South Bend, in the County of St. Joseph, and State of Indiana 4 by and through its Board of Public Works, (hereinafter referee to as the City }, under and by virtue of an Act of the General Assembly of the State of Indiana,, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905 , and all amendatory and supplemental acts thereto : -- ti Witnesseth, that the contractor covenants and agrees to construct brick pavement with asphalt filler , on the City Hall Court from "Michigan Street to first alley west of Michigan Street, in the Cit of South Bend, Indiana at and fv for the folliwing prices;- Mar.gainl curb per lin ft........................20 292 cu. yds, of grading per cu. yd_. 2.00 resetting inlets, each 2.00 ~ 895 sq. yds. of Bessemer Blcok, per sq. yd. 2.95 With asphalt filler per sq. yd. .30 and ro perform all worts in ttie prosecution of said improvement under and according to the terms and coax ditiono Hof Improvement Resolittion Ivo..__�. � � adopted b, the Board of Public Wor .2"h1922. and, the plans; profile and specifications on file in the office of the Department of Public Works, w ich said resolution, plans, profile AM specifications are made a part hereof as fully and effectually as if copied and set out, herein at full length. The contractor further expresAy covenants and agrees that in the prosecution of said work all proper skill and care wi11 be exercised; that he vill properly - Ord and protect all excavations and dangerous places, and will -use all due and -proper preca+ition to prevent injury to _ry person or pronerty; that in the event ok any injury or damage resulting from the wori: or resulting from any mn�tter or thing connected therewitfr or arising therefrom, to any person or property, he -r-M pay ari Kcuidate the same at his c- vn expense, and as- sume the liability therefor; and in the event of any claim or clain-is being made or any action or actions being brought against the city by reason or on account of or growing out of E-a d work or its construction, the said Contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, th,ri any judgment ttmd;:red_ against the city shall be conchisive ag-inst the contractor and against the surety eu his construction bond, as to th- arnou-kt, liability and othz-:r ;to ,ttcis p:xtaiahng thereto, And the contractor agrees to maintain said improvement ana make such repairs as may be necessary I_ 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 with sufficient surety thereon and in an amount as fixed bthe specifications° ly.;.d in doing rich °pair work the contractor and the surety on his guarantee bond shall be subject to the sal ;e liability to the city -and any other person for any injury or damage to any person or prop- erty i.n the same manner and to the same extent as is fixed in the last preceding paragraph covering thc�_con- 9truction work. Ai*=d it is hirtl)nr agreed Ly and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform - Price thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this Contract, 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 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 ar!y allowance made on any estimate in favor of the contractor or A;- assigns. or out of the amount due him or his assigns upon the completion of the work, so much as mad cessary to pay all laborers or z.,ate i<i men for amounts due thein for work dome or raterials used or iuraished to be used iii the perfoizvarce of this contract and the doing of said work, and the co.,.nty t:rcusox,-r, acting as, city treast.;er, iraay,.retain money collected froin property owners assessed for said it piuv=ent to pay such debls or witil the contractor ffi".4wmG that they. have been paid pr satisfied 515 ..e co: C -0 or agrees to remo'-2 all ru') sn, earth, and unft5ed material in the, streets Ar sides thereat upon the completion of the improvement or the repairing thereon The work of making such improvement shall be completed according to the terms of this contract on or before the-- -•-------- --------------------------------------- - ------ -...--- ----- day of- 19. ........ unless the time for the completion of the sar-e shall be extended in write - by the Board of Public Works. And it is agreed that any such extension of tim,_-, or any alteration of this contract or of the manner or meth- od of doing such 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 this z7 r rt, or stab -let the work or any part thereof to be done herel,xnder, wi*ho.•f th'e it:�n co..L t o£ the b I' ' i=.^ Works. It is further agreed -1 stir cor.':ractor shall give to residents 4 said city and county preference in the emplo rrn .11 :rit of labor necessary in the perforrance of this contract, and failing to eo so, shall forfeit to the city the sa n of ten collars for each fail ire to of serve this stipulation. And upon the performance of all the terns and conditions of this contract, and things to be done and performed by said contractor the said city agrees to c tie the cost of: doing such work` to be assessed, col- 1 ectedd and paid to said contractor in the manner fixed by the statute governing the making of such improve- Inents. To each of the conditions and stipulations of this contract, including all and singular the provisions and terns of the plans, profile, specifications and resolution aforesaid, tho undersigned binds himself or itself, and the r:..-oective s:,ccr-s or or assic-"s of sw-n _cart"Pc. IN TESTIMONY. R►IFREOF, We, the foregciing named parties) hereunto set, our hands this list„ day of October. 1922. CITY OF SOUTH BEND, INDIANA. H. N. BARNES Contractors BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Its Board of Public Works„ i- <: k3.- fThat °ate'------- H.f . N -- of die Count of_..... ...�.e �IO�C7�_� Stq'c Indiana , no l;t°lud. pal, vnel _-•-.....g ty ire -Ac idGnt,.. .bc ._-Ins ltmx�i-te, _�o? ? Y........_..F....«..«...«««....«.« of the County of..______...._...__.._____.............._........________......_----------__.-________and State of._.._SS t.... .«...... «......... ,.......... .««.a.. ff sureties, are held and firmly boi< .o. to tile amity of 5outli Perid9 Ii �1ias;.a, in the 5ttixi of.....C.37��..: o .sQ d rt, six ----�-------------------- 1 g ..Souan_hunsr_f.4.___--Y._------.._....___..__...__._ ._...__ . _.._.___..._...._..._......31 ,s (� 1,746.OQ� ad €r for the payment of which, wet! .sY'ic�,�, truly to � e e, re jointly a.xicl venially executors, adminstrators and assigns, finally by txze;e presents. The conditio..vof the oblii£,!-.tion are such that if the above namec>k-.,-v,..,. $axlle�-----------------------------------shall f<1it11`U1iy P=ply with the foregoing co tract, *nade and entev-- l into the____ ---------- _. 2lst.- dav of___Q=cOber 1922.. with the City of South , flerc indianp and shall fnl� lI allcthe conditions abd stlpn:Qti&.ih tt`6tc;4i crs..a$airse$, aceardiner to thf; true intent c.:.1 ,ne _._ n g th .-eof, in all resj)• ::ts, then tnis obligat{on to be voido oil�,czwise to be and r,:main. in. fill force and virtue in law. In the eve:, the said City shall extend the tkne for the com lation or said work, such extension shall not in any way release the sureties on this bond. Thar, s ball be. a construction bond, and the sureties op the same Alhall not be held tespoxisilile €®r the maintenailcc and repair of the improvement after it has been accepted by the so-eond part, taut siidli s% rkiies shall. be held responsible for the fa,414ul compliance with all otl-rer conditions, stipulations and requirements covered by or set out in the contract. WITNESS our h,,.nds and Mewls this ......... �},st.�.............y .......... HARTFORD ACCIDENT AND INDEMN �OMPANH. N. BARNES i.nN.,..Y...... 77 7j --...... _ ...................... ............................... _.... -... (c' jAL} _. _ - - •- ......,.......... The above bond approved this..- 24.:.. ,_d -,' cf......00�t.-1922.'.... _... _.....�, f`I...._ L. P. HARDY �- • ROVER. Board of Fubric PUBLIC IMPROVEMENT CONTRACT, This Agreement,, Made and entered -into this 21st. day of October 1922. by and between H. N. Barnes of the County of St. Joseph and State of Indiana (herein- after referfed to as the " Contractor"01- and the City of South Bend, In the County of St. Joseph, and State of Indian, by and through its Board of Public Works, (hereinafter referred to at the " City"), under by virtue of an Act of the General Assembly of the State 6f Indiana, entitled " An Act Concerning Municipal Corporations, " approved Mareh 6,1905, ,and all amendatory and supplemental- acts- thereto—C- Witnesseth, that'the contractor covenants and agrees to construct, concrete pavement on alley west, of Lafayette Blvd. from Marion Street to Madison . Street, at and for the following prices:- 28 lin. ft. of marginal curb pe bid. 145 eu. yds. of'grading per cu. yd.. $1.30 638 sq. yds. of 7 inch concrete pavement per sq. yd.S2.40 516 and to perfArrn all work in the prosecution of said improvement urtder and according to the terms and con- ditions of Improvement ResMiition No. ._.IDa6_........ i adopted by the $o.ard of Public Worksw..,.;., and, the plans; profile and specifications on file in the office of the,. Department of Public Works, wbTeh said resolution, plans, profile acid specificaare re made a .part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all prover skill and care i:'1 be e-rerc u'; tl- +fie ---='1 prop v 1 t'- ^.. `. all excavations and dangerous places, and =;;1 use 011. due and p peY'pr ?*_Son to nr v..zt in,ti -y +,) -y perz--,on r`r 1 rty' that in tile, event Qf � any injury or dam .fie TeSi,i`t g flO n tiln �r.�r' or Trc 11+; fT75T± n y ma.t+er or think ronrec+.ed therewith or artsing therefrom, to any per.,: t or property, hA zs =1i rav +i y ?idate tl?e same at'his own expense, and as- sume the liability therefor; and in the event of any clairl or claims being made or any.action o'r actions being brought against the city by reason or on accou..t of or gro�.,rtr..g out of s d >or`.- or its co t1txuctio x, the said contractor will at his own expense defend the same, and vtill pay any judgment recovered therein, and will in all resipccts fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expt;m m, payment or judgment recovered in connection with such claim or claims, action or actions. And ;.f within ten days after any such action is begun, the city shall notify the contractor of the penrItney then:°Of, tll_,xt any jt+dgrrent re nd-ered against the city shall be concl*?siYre against the'.contractor and against the surety ran his ccr.struction bond, as to tb amot?:mot,. liability and other inatters pertaining thexeto, 1 1ta the CO%ir1CtOT agrees t0 maintain said iinpro .:n nt 4',:•v a .�,.,€ su,.11 repairs, as t,?a), L .4a neL s;ar y $$ef'z& klffd�% t .au ' a9, gcsA . V. Cap- eificatioa% - to tequKe �%,� p1t�t��ti��` d tepat i trheY o e ms: l r�r g t r aair work the eontraet-e O t t OA hl rl. �a l lje t ±�sra� liatiikit y to the tg and any other peroson for.op iajsalty # 6ok i its 0.� �t s n pl i fop tt;<e A#fi>� tl€�rur, sr�si to the same extent as is fixed is the list pT*c0_dttA#= 41utta tltlPn- strut-t ml auna<#a-: '4 it #A f0fber agreed by and between said fart~-.e that the atteptewl (of the WO& r0�404 tot Ia this f. rA ll1. of the payttts it thereof, shall not constitute a waiver on the ptaet of tho, tity bra �t t 'Avjli ON Of thIN euiltrset, nor shall it release said ccntractor os the sureties an kla-band ta; the a thtli1 Pit offfi Ala thorpof ; nor shall the I -Acceptance be prima fticie evidence of the per(prlt ance W it provim - fit thiti 40Pltr11et, ewcept to the, extent of entitlin� the contractor to the 6atract prise therelfti The �Altt.ractar afff a #o gay for all allot and materials used or;inri9 shed to he 41 eta th .l hN of ouch Improvement and in the performance of this oontra.et, whether done at ;t+�rftf��e� l�or hl 1, �l= h : t � J4s F0 411wo, ouccaaaQT or subcontractor; and the city may reserve attt of attIr alki itnee Mil-dt on ddy a tat8 n llt'vAf Of the clan ra±eftr or .I-:� atsstgns, or out of the amount due ill or fair fteftt w ifoo the eah#2t4uh of a Mork, to wu4 as ma, .cessary to pay; all laborers or tnatmat I i►et= for (tfeimt0 tf them lb 0040 car Mteritl6 Used ac furnished to be' used in the pestorwiance d JM# tohtte f e &Aq Wdi, Wgriik, Uld-tke rzousity treasurer. acting as city treasurer, may tefids wasoy 661166te itimm owtm -fa viitott* lot Wt uttgrovement to pay such debts or witil the lt paid at satisfied ------------- 1 _e cc . a - sa.e to rem()--_- a1I ruT):sh, earth, and` un+:sed tinateriti in the streets or sides ciereol upon the completion of the jmprovein. at "or tt e repairing thereof. The work of making such improvement shall be completed according to the tern.:s of this c�ir�trs Yt ctti r before the_ gav of -..._ , 1�. ,._..,.. l ---------------- ................... txLz ess the time for the completion of the sat a shall be ex* ded in wr ti g'by thA•8osrd of Fitl,lic'Worirs.: ilcl it is agreed that any such extension of ttt�ie ,or ar.Xi'alteration of this ec retract; or o` the manner or meth- od of doing such week shall in no way affect the du*-ies, obiigatiohs oriiabilities of the contractor or his sure- ties. - It is agreed that the contractor shall not assign this ' rat, or sub -Pet the work or any parti thereof to be done hereunder, wifho�-tthe `,,,rit,e co -nt of the U_:_ rd cf P; 61ic Works, It is further agreed a✓i stinula`Fd t1-h- t', cortractor shall gi-�e, to residents of said city and coui,i+y preference in the employr .�tt of all labor necessaty In the performance of this contract, and failing to c3:> so, shall forfeit to the city the sam of ten dollars for ea. a` _e to -observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost: of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- 3zi'etats. Touch of the condition and stipulations of this contract, including all and. singular the provisions and tern is of the plans, profile, specifications arA resolution aforesaid, the undersigned binds himself or itself and the r-:pective successor or assig=ts-of such -f?arties. IN TESTIMONY WREREOF we, the Foregoing named parties, hereunto set our hands this 21st, dair of October 1922. CITY OF SOUTH BEND,-- INDIANA. H• , N, .BARNES BY L..- B. SLAUGHTER j. Contractor. L. P. HARDY ALBERT F. HONER Its Board.of Public Works,, Ar 1Ct9PlST-RIUC71€ H norms lr.:rsr ;v 01 Y '.. e s l.:j ,t'• "' , G:8ei3ts. that -"we., , ----- Hir--- Kw B p g e of the Coulity-of---------------- it, ` JM_O-A ----A State of_ as rin pal, and --- Accident gAy pf the. County of ---------------------------------------- -- _ . --.And State as sureties, are held and firmly bound to the sty of South Bend, Indiana, in the sutra of -El .t--btlliird �oltars 0 860, OQ). for the payxtlent of which: v±re11 and truly :to be made, we jointly and severally bind o<uti_c?vcs. exceutors .adminstrator..s and ussigtts Iirmly by: these presents. 'Ihe conditions of the ohri gatio. acre such that if the above d-------- ---r- ._ ------------- ____..:.:hail faithfully comply with the ioregoing couti, t, made and entered into the ------ =----- 2 ,btu -_--- da of________-_-_O.G.tabt]9'......].9 2 19.......4 with the City or South Bend, Indiana and sha'.1• ftiifill al the conditions and stipulat4ms therein contai.n,,4.-`- according-to tLe true intent ar_d meaaiirg th�_tteof, in ,all respects, then this abligaticn to be void, otltexvrts to be and remain in f-z11_force and virtue in law. In the eve� the said City shall extend the tittle for tint; completion of said work, such extension shall not -in any way release the sureties on this bond. This shall be ja., construction bond,-and'the sureties on the same shall not be held responsible for tht maintenance and repair of the improvement after it has been accepted by the second party, but sttrh sur~efiell shall, be held responsible for the fait'.-ful coniplia:�.ce with all other conditions, stipulations and rcyyuirv= Icrttr cbv'caed by or set out in the contract. 517 Continued. a ITlIES'S our hai-As and .. 1., th om,.. 1st r ... ..,,., 3ARTFORDwA-0� . T..-�A11Ia-� BE 1 COMPANY C 4 . The above bond approved this ..... _241,h�� . d cf,.o... October 1922, 1•) ...... L. P. HARDY ' Board of FuJurIc IPr®rr 94 PUBLIC IMPROVEMENT CONTRACT T}ais Agree ez i,,_Made_and entered into this 21st. day of 0 ctober 1922 by and between H. Ni Barnes of the Count, of St Joseph .and State of Indiana, (hereinafter referred to as the " Contractor"), and the City .of South Bend, in they County of St. Joseph, and State of Indiana, by iknd 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 "- Am Act >irfx*k Concerning the Municipal Corporations,, " approved March 6,1005, and all amendatory and supplemental acts thereto:- - Witnesseth, that the contractor covenants anc agrees t construst concrete pavement on 1st, alley east of St. Peter Street, from Jefferson Boulevard to 1st. alley north of Jefferson Blvd.-.. at and for the following prices:- 82 cu. yds. of grading per cu. yd.1.20 319 sq. yds of seven (7 inch) concrete per sq. yd,' 2.40 and to perform at1 'tvorlc an the. prosecution of said improvement finder pant! accordingto. the terms and con• ditions o improvement ttes.c cation to :_la4b w adopted by ti a Board of Public Works.:..:_8 22� and the laifs, profile specifications n file in the office of the Department of Public. `Works. whheeh sa.t resoluti'n,,pians, rode ariil s 'cctfic s.tions are'.;nade a dart` hereof a fully and effeetuall sa i€ copied and set out herein mull' length. The contractor further expres:4- covenants and agrees that m the prosecution of safd -%cork all proper skill acid care �it1. $e exercxsb3 , kh the ri'1 p, pPPr� + - 1 1 o,-Ct alt excavations and dangerous places, aid-w0l use ati' due and proffer precaution to prey n t injury t°) .t y; person or p-oq� tv; A -at in' the,,event 91 any injury or dam -age resulting from the w-)r'_ or res Ati^g fron -y rr itxer or thing connented therewith or -.�&Osing'therefr*, to any pees^-i or -property, he 1 11 pay,a.,,1 tic,-,idate the.qtne at his pwn expense, and ash sume the liability -therefor; and in the event of aria elalri or claims belle inade or any action or:actions, being brought against the city by reason or'on s.ccdunt of or grozvii g but of r�zd . work its construction, the said Contractor will at his own expense defend the same; and �;1i1 pay any judgment recovered therein and Will iq all respects fully indemnity and save `harmless said city, its q cers agents or representatives from all Post, expense, payment or judgment recovered in connecfioii v i such claim or claims! action or actions. And if v ithin,#en days after any such actio i'is begun, the city shall notify t-he; contractor f the pendency thereof then any judgment rendered against the city shall be concit.sive agdinst-the contract r And against the surety can his construction bond, as'to the amotint, liability and other anatte.,rs pertaining tLgeto. And the -contractor agrees to'maintain Said im rovernent and isjake Audi repairs `&,vay � fie ef- #ram in the �a>�n� as ft d, uy tlse sp~ cif cations, and to secure the n1aint nce and repair, her # # ii M , fsord of Public it "k"s a bond .v nth. si fliicicut surety thereon anal in &woupt as hied by ` l -And In doing juch repair work the c tractroY and the surety oh his juarantoo bond %hall li pv jj@pf i h@ 0#me 110.14lify to. the city and any other p" ersott for ate it�t#ryy©r �a�age to wai pgi=o` m Or Prop - extent as is fixet`l iu the lath precedi A+id it 4 titrlher agreed by and -between said partles that the ae�eptaueo of the word pto#idid f0Y iu this twitmefi pi- The payment tberc64, .shall not constitute a waiver on t#ie pr> of the city of ail of the ptovig- 19ti$ t�f,fbk pot4TRet nor shall, it r;aeaae said contractor or thesuretka Ott hija blind for the. to thful pettot - gfi a thero@f ; o®r Aall the acce}rtance Vie; pprima facie evidence of the performance: ct limy proviillon at ON �pfAFRA3 @x�@gt tQ the extent of entitling' the: contractor to the contract rice th@eefct, `f'ha rwit.r .gtor a real to pay for all labor and materials used clr f Lir fine t® a: bad ill the m hjtl �t §46 impf oyr-.t1ioht an In the performance f this. contract, whether `dorie pr Urt}ia, ed. for him, of It i dgetttt i�iie@,1(t��Ai` +car atibGAtjtraetor; atltl fie 'city'-.., pp, reserve os3f. ' any ll. f 41P W Ntvontraetor or t,te assigns, or ouL of thi .amount titi�S itt er ` s. �tabigt:�l tip& the fampletidi f4f Nvori€i tia mutb-as.. mad �cessary 3o pay a k f aliorera yr, s ist�rii t lh for athatodo dtl4 theut wo 404e ear ate #a tiaecl .�r -iornisbed to 'fie iised in the perfora*iai" +oi thk toofraat "tho doing bf I l d t � r®t3rtt ;.trossuieis acting as -city;.: easurer, fstaist ei'c�t �+ svSa t tt®ru vtopet 4i . etc �atirA� ll ltel~ ?d' xnprotterz�ent to pay such debts or OAgfie - t thou+ COO W01 i -e- cc.to renio ait earth and lim sed ii6ierial in the streets or sides t oreut upon the completion) bf the. ,imVrovem tit car file repairing kberpo . The .work of meting such improvement shall be c6lieted a' -cord tic to the ter nis of this contract aa�t Gr before- the -.._.__;.. _.... _..... �......... �av n ,'... w ,..... .. .., lI 1p unless the time for the compiet�oa of the sir e she be extended in wr g by the $bPrd�of Publ;c 'Wr�t'l�s, And it is agreed that any such eaten -ion of;timA, or :any alteratiotiof this contract or of the manner: or ivieth- ozl of doing such work shall in no way affect the duties, olligationsor'liabilities of the contractor or his sure- ties It is agreed that the contractor shall not assign this %i - r—t, at sun -let the work or any part, thereof try be done hereunder, without the written co lm of tl7e $ward of P :blrc Works. It is further agreed and stipulated that t%! contractor shall give to residents of said city and con4fy preference in the employment of ail labor necessary iq the performance of this contract, and failing to do 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 contract, and things to be done and rformed by said contractor the said city. agrees to cause the cost of doing such work „fo be assessed, col- cted and paid to said contractor in the manner fixed by the statute governing the making of such improve- a�ents. .. - To each of the conditions andrstipulations of this contract, including all and singular the, provisions and *errs of the plans, profile, specifications and resolution aforesaid, the undersigned bands libuself or itself., and the �rt.-Tective successor or assig!as, of such -parties. 51-8 miiasdav October 24th., 1922 Cent, IN TESTIMONY WHEREOF -We, the foregoing named parties, hereunto set our hands i,his 21st,, day of October 1922. H. N. BARNES ,,'CITY OF .SOUTH BEND, .INDIANA*- Contractor. L. B. SLAUGHTER , L. P. HARDY ALBERT F. HONER Works, e _ Its Board of Pub 7 I3.....hi«..Btt,�xLG,s............... Oa ,,�} E3. dIII@ a-wiliy, cf . - .G..Stwib.. saphnti .. .. .....� State of« ...�..,�..IndI npe.ees�.eeeete !!!!! In odnvi% �t.C="Y.,..>R.,h_.r���,.....�.,..�.,e. p tp �ftitt �f_ ..d Stf __and o....r Conn x..... ..v....... ..w..w,....... rrnna nr.. rreC.+8.8F..4RR.R!l1fRs/dR #,o gut606§1 life KOAlId. fifffi1Ybowid to the City of South Bend, Indians, in ttta etsm ef,,dour hundre' a • ��f tNt� �hl��. � ��h, 11 and` .rely to'be made. we jointly and s�vexafly �t� Q�����i��� �r�� 11..f`';<� alli�l hijb�l aad aaai s, fhtly by these. presents. 4-41._N-V---:B rne-s......• .. __- ..shall falth;'Illly -or ply Y4i,il i.,lv: 10ir liiii,' made and enter A into the 21.st.. ........ day of ....... _Geto.b.-er---1922..........._....... ....., 19 .... with the City Of ,outll . E =r_, ndianp and sha?t flilill day th,- condi ions and stipulations therein container` according to the true intent 1 the a th--eof, in all rest; : ts, then this A>lif ation to be void, otherwise to be and remain in f-ill iorce and virtue in haw. In ,the eve, the said City sha;1 extend :t4 Cate for the completiorroi laid work, such extension shall not in any way release the sureties on this bend. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and reeair of the improvement after it has been accepted by the second party, but soar# sureties shall be held responsible for the fait'-fu1 cbmpliabcc with all other conditions, ctiptiL41;oiis a±icl rec;t� ,z is covered by or 'Set out: in the contract. VVITN F..Sa our hands and seats this ... ........ 2I.S�:I�.=,,, 19 ................. S1yAt ..,. ,- r,t,fo.rd. 9 .� dent ,end. S i' ty ......... ... Compeany r .....-- ... ........ ................... ... � ; > ;,.�r W.. 6 The above bond approved this........_-.-24J.b:..........„..A, L.' B. SLAUGHTER - L F. HARDY �...ALBERT .94. ; HONER- oard of Pubtia Vlork3, PUBLIC IMPROVEMENTT CONTRACT. This Agreement, made and entered into this 20th. diy of October 1922 by and between Hoban & Roach of the County of St. Joseph and State. of Indiana (hereinafter deferred to as the:" Contractor") , and the City of South Bendy 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 iff Indiana, entitled " An Act Concerning Municipal Corporations," approved March 691905, ad and all amendatory and supplemental acts thereto:- 'Witnesseht, that the contractor coventants and agrees to con- struct pipe sew er in Sibley Avenue from Brookfiled Street to Wilber Street, at and for the following prices:- 910 tin. feetof 12 inch pipe sewer, per lin ft.... $2.80 138 li-n- ft,. of 8 inch pipe sewer, per lin ft. .80 662 lin-.. ft. of 6 inch pipe sewer, per lin ft, 1.00 4645° lin°. -ft; of manholes per lin ft. 7.80 7 storm grates, each - -12.50 4 manholes curbs and covers, each 20.00 and. to perform all wvork In the rosecution of said improvement under and aecordlt* to th' r a #nd_ow ditions of Improvement kesofitiiion ko ' .Q.�B..............,adopted by the Hoard of pohile W66rkq., aiad the glans, profile end ectficatigr#s on file in iRe offcce of Ole'X?eps~tmcztt of PU►hlic lerka, vvkinh ' resolution, plans, profile and speciocations are made a part hereof as fully ftitd effectually' ae Yi copied and. set out herein at full length. The contractor further expressly covenants and agrees that in the prosecutiom of said work all proper- skjll and care will be exercised; that he • M proper'_v - 3.r and profect all excavations and dangerous places,. and =will use all due and proper precaution to orevent injury to Any person or.pro*�erty; that in the event Gf_ any injury or damage resulting from the wor?; or resulting front any matter or thing connected therew.itfi or arising therefrom, to any person or property, he an�i liquidate the same at his own expense, -and as- sume the liability therefor; and in the event of any claim or claims+sing made or any action or actions being, brought against the city by reason or on account of or gro-wing out of s zid work or its construction, the said contractor will at his own expense defend the same, and will pay any -judgment recovered therein, and vt 21 in all respects fully indemnify 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 if within ten days after any such action is begun, the city shall noiify'the contractor of the pendency thereof, th:;n any judgment rendered against the city shall .be conclusive against the contractor and against the. surety - on his cc.ristruction bond, as to tb- amount, liability and other matters pertaining thereto. 519 Tuesday October 24th., 1922. Continued, .t',tro Me contractor agrees to maintain said iuzprovenlent a. i..a= e suti repairs as may be necessary - Cho of �od� and in the sinaimer as wed by t ie, s eciflcations, and to secure, the niia tenance and` repair =thereof >� P wvith t'te- Board of Public Works a bon vJ,th sufficient surety `theregn end" #n an at�xount as firmed by the oprcffira ffati , And in doing such repair work the .contractor: ancl- the, surety omlis. gttarante a bond chill be Atiitj wt to the same liability to the city and any other person for anyinjury-=ter dam a to any person or prop- erty ii9, 6e ratite s wjiner and to the saine.extent as is fixed in the last preceding paragraph covering the tort- str ile.0ntt work. Arid it is farther agreed by and between said part`fes that the acceptaice of the 'work provided for in thls crintradt, of the payment thereof, shall not=c:;nstitute a waiter +on.the .past o£ the city of urly, of the i+10;48- loits of-thls-contract, nor shall it release said contractor or the sureties bn his b6hdfor the fu{lthfttl perftarra anco tberaof; riot shall the acceptance :beAprima facie evideAce'bf the perforuiuii6e of city provision of tubs et ntraot, except to the extent of entitlir_g the 'contractor to the eotltrict Orice.therefor. The contractor ,agrees to pay for all labor and aterials used or, furnished t - bt ed to the f�rakiti of such Imp�rovemont and in the performance'of this contract, Whethe'r done'o 1iirtti�bed;#or.him,,oi his agent, ass state,. successor or subcontractor; slid the city may reserve out him i "wknce made ran any cstimaty in avor of the contractor or � ' assigns, or .out of the �niount dtie im; br. a ar;signs hpbtt the complet.iatt of the work, so much 'as ma3 -cessary to pay att; laborers br iinateria iqeft- for sinounts : dug them for w donee or inaterials:used or urnished to be,used ia the perfori"nce of this contract and the doing of sued wgxkj and the county treasurer. acting as city treasurer, in retain inoney Wll cted from property owners assesse$;for said Improvement to pay such ctcbts or i nitil the contractor thaws 'that they fpayo been• paid or satisfied i <<e coac-a - -o:- ag: eas to retno, a Aft iruyhisk, tanh, '4nd altlustd, lf�iaterial to the streets -or sides tlmrvot upon the completion of the improv-cm;:nt or the repairing *ereof. ° The work of making such improvement shall be completed according to the term.% of this contract op of before the ..................... ........ .................... ,...... ....:........day of...... ..... ...... .. ., h unless: the time for the completion of the sane s'ta11 be extended in writr. g by the Board of Public Works. And it is agreed that any such e:xten-ion of time, or any alteration -of this cc-4ract or .of the manner or ritt:th- cod of doing such work shall in no way affect the duties, obligations or liabilities ;o4 the contractor or his stare - ties. It is agreed that the contractor shall not assign this -rsct, or sub -let the work or any part thereof to be done hereunder, witho =t the written co' e, nt of the Bi .Lrd of P4:;h1ic Works. ' It is further agreed a-rd stipula' ed that t% contractor shall gi�te/to` residents of said city and rows y preference in the empJoyan-,rit of all labor necessary in the performance of -this contract, and failing to 6) sir, shalllorfeit to the city the sam of ten dollars for each fa"ilure to observe this stipulation. Arid upon'the performance of all the terms and conditions of this. contract, and things to be done and pperformed by said contractor the said city agrees to cause the. cost of doing such work to be. assessed, col- lected and paid to -said contractor in the manner fixed by the statute governing the. making of such improver; scents.... To each of .the conditions and stipulations of this contract, including all and singular the. provisions and terms of'the plans, profile, specifications and resolution aforesaid; the und.erfigned binds; himself or itself, and the ra<..nective successor or assi is of such parties.. In :Testimony Whereof, We, th.e ' forego•ing named parties, hereunto set, our hands this 20th, day of October 1922, HOBAN &.ROACH CITY OF SOUTH BEND, INDIANA. ' BY.L. B. SLAUGHTER By M. J. Roach _ Contractors, L. P. HARDY ALBERT F. HONER Its Board of Public W rks �aRS'I RUC T 1CId f.°£`N11) That we ............ . HO ZI n-_. s_: RQmk . _ _ w.................. of the Cot�aty of----- -1.n�a---------------- S. _ to of - Indiana ------------------------- _. .....�,._... as pr1rci. pal, and ._.Ame-r#emir-Zu-p-e4-y----Co ---------------- of the County of.----- NCw York _ _- - - ;- --------- -----------and Stake of--------- -- - - � .:_............. ...- as sureties, are held and firmly bound to the City of South. Bend, Indiana, in the sutra of. .w One �Th4uband - - N-Imo... } iuzdra .. Y1.�nQ .1121Ct1 _.------- ------ �_ �ilars �� 1 r 919.99 for the payment of which,' well and truly to be made, we jointly and �severaVy bend ourselves, ofi executors, adminstrators and assigns, firmly by these presents: The conditions of theobligation are such that .if'th4 above reamed ---- _------------------ ,:..-- shall faitl `ely-eer,.ply"vVall ate. made and enteral into the ... -21s-t---.--...._ da� of- flea-ebez_192�#.__:, l ..__.. with the City of Jouth ?', r-� Indian- and shy?I ft:i5l? al the, ond, ions and stipu attnrts t ereir) rorttaincd, according -to .the .true intent one .:_r,a th :.: cot, in all re:.,,- -ts, then this :)bligation to be void, othcie wise to be a -lid remain, in fall force and virtue in.law. to the eyt. ;, the said Ci�y shall extend the time for the completion of said work, such extension _shall not in any way release the sureties on. this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible foe- tlj.c maintenance and repair of the" improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait'iful compliance with all other conditions, stipulations and rerttsi°ct.s yt:s covered by or set out in the contract. �t ITN1 our bents and seals this ...........� .. •..,:,,.,.,.. Sti�i Af. _. ! r 1 I - 1 AMERICAN SURETY COMPANY OF NEW � K t � HOB`AN & ROACH eM*denee resi • . �....t s tarye The aboM de nd approved this........:b,•,......... duty bi•.....,=K.,. ®� {jir►► -1z, l --a ....:..... L, B. SLAUGHTER r L. P. HARDY AWEICT F. Board of Public Worth - 520 Engineer filed assessment roll and final estimate for pavement On Rush Street from Haney Avenue to Indiana Avenue, under. Improvement esolution No. 967. 'In the City of South Bend, Indiana. Resolved that notices as to assessmea is he published on the. 27th. day of October 1922 and on the 3rd. ds.y of N�etember 1922 in the South Bend Tribu ena d News Times, stating that this Board will give a hearing on the amounts of such assessments at its office in the City Hall on tote 15th. day of November 1922 at 7:15 P,M. Resol ed 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 water con- nections on Marine Street from Indiana Avenue to.-Qklvert Street, unifier Improvement Resolution No,, No. 1025, In t'ne 6f- Sough bend., "Indiana. Resolved that the entire work done under the above resolution and contract let thereunder be in all things, accepted and approved and that said final estimate be allowed. Resolved that aid notices in forms required by law be published on the 26th. day of October 1922 and on the 2nd. day of November 1922 in the South. bend News Times and Tribune, newspapers of general circulation.in said City, setting anf fixing the 15th, day of November 1922 at 7:15 P.M. at the office of sad said Board in the City Hall, South Bnd, Indiana as the time and place when: this Board.,will received and hear remonstrances against the amounts of assessments each each lots and parcels of land on said roll and will, hear and determihe whether such lots and parcels of land will be specially benefited by said improvement by th the amounts stated and set forth in said roll. Engineer filed assessment roll and finial estimate for pipe sewer on CarolenStreet from Dayton Street to Calvert Street, under Improvement Resolu- tion No. 970. In the City of South Bend, Indiana. Resolved that the entire work'Ao-ne under the above resolution and contract let thereunder be in all things accepted anti -approved and that said final estimate be allowed* Resolved that daid notices in form required by law be published on the 26th..day of October 1922 and on the 2nd. day of November 1922 in the South Bend News Times and Tribune, in said City,'setting, anf fixing the 15th. day of November 1922 at 7:15 P.M. at the office of said Board in the City Hail South Bane, Indiana as the time and place when this Board will receive and hear remonstr strances against the amounts of assessments against each of the lots and parcels of ground on said roll and will hear and determine whether such lots and parcels of land will be specially benefitted by sad improvements by the amounts stated and set Forth in said roll. Request of the Board of Park Commissioners to have lights in City Parks turned off, received and referred to the City Light inspector to see what lights may be dispensed with on driveways in the Parks. v Blue print showing Bowman Creek improvement change in Henry C. Eckler's Replat South Bend, Indiana, was approved by the Board. Petition filed for lights do Huffman Court from Pennstivania Avenue to Wengex Street. Filet. Tuesday October-24th,. 1922,Gon� inue The following claims were approved by the Board. Street and alley Dept,., t1v915.25 Street -Repair Dept., 596 -'70 Garbage Dept... 770.26 Engineering Dept., 514.00 Cemetery 204.00 News Times Prtg,,Uo, 69,15 Tuttle Corp. 3.00 City /WaterWorks 70.86 News Times Prtg. CO. 3 60.15 Cemetery Dept., 20.00 Harry N. Barites 12.50 News Times Prtgi Co. 9.60 Indiana Petroleum Co.,,., 15.44 South Bend Tribune 98-75 C.-F. Pease Co. 2.44 The Aboo Mfg. Co. 8.-00 Isaac Van Trump 464.48 sted:.- 0(if Clerk of the Board., -17resident.