HomeMy WebLinkAbout10/25/1922 Board of Public Works Minutes522
r 25th.. 1922 .
Board met in regular session at 7:15 P.M. All members present.
Hearng had on assessment roll and final estimate for grade, curb
and walk on Wilber Street from Longley Avenue to Linden Avenue, under Improvement
Resolution No.' 951. In the City of Soutli Bend, Indiana.
In the shave matter property owners appeared objecting to the cons
condition of the curb along their property on `Wilber Street. The Board after
hearing all interested parties in said improvement therefore find that the oroperty
assessed in said roll filed September 20th.,k 1922 is benefitted in the amounts
of assessments `as shown in said roll nd the Board further find that the assessment
roll filed September 20th., 1922 aitd the final estimate allowed September 20th.
1922 should be hnd the same are hereby in all. things, ratified, confirmed and
approved and the Board ordered that the City Controller be requested to withhold
from final settlement the sum of Five Hundred ($500.00) Dollar' until work is
conaltedted to ;the satisfaetla in of the City,. Engineer.
Hine Street Hearin had on assessment roll and final estimate for pavement on
et from Walnu Street to Studebaker Si,reet, under Improvement Resolution
Mo. 993. In the, City of South Bend, Indianaaa<.
In the above matter a property owner appeared and objected to as
part of curb being broken at corner of Hine and SWdeabker St. The Board therefore
find that the property assessed in said roll filed October 3rd. 1922 is benefitted
in the amount of assessments as shown on said roll and the Board further find
that the assessment roll filed October 3rd. 1922 and the final estimate allowed
October 3rd., 192.2 should be and the same are hereby in all things,�ratified,
confirmed and approved. The Board ordered the Contractor notified to repair
all broken curb.
Hcgf ng had on assessment roll and final estimate for pipe sewer
on Florence Avenue from Brookfield Street to Wilber Street, under Improvement
Resolution No. 971 , in the City of South Bend, Indianaaa..
In the above matter Attorney Walter Clements appeared represent-
ing the New York Central Railroad Company and filed wAttoen re onstrance, which
was read and over -ruled by the Board. The Board therefore find that the property
assessed in said roll filed October 3rd., 1922 is benefitted in the amount of
assessments as shown on said rolls, and the Board further find that the assessment
roll filet October 3rd., 1922 should be and the same are hereby in all things:
ratified, confirmed and approved.
Hearing had on assessment roil and final estimate for pavement
on FOX Street from Miami Street to Leer Street, under Improvement Resolution No
936. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no writte m
remonstrance was filed. The Board therefore find that the property assessed in
said roll filed October 10th., 1922 is benefitted in the amount of assessments as s
shown on said roll an the Board therefore find that the apss$ssnt roll filed.
October loth.., 1922 and the final estimate allowed October 10th.1-1922 should be
and the same are hereby in all things, ratified, confirmed and approved.
Hearing had on Wssessment roll and final estimate for pipe sewer
on O'Brien Street from Washingtn Avenue to 1st. alley south of Kenwood Avenue,
under Improvement Resolution No. 989. In the City of South Bend, Indiana.
In the above matter aa- remonstraatorn appeared and objected to
street not being properly graded. The Boa-,-d after hearing all parties interested,
find that the property assessed in said roll filed October loth., 1922 xizx is
benefitted in the amount of assessments as shown on said rolls, and the Board
further find that the assessment roll filed October loth., 1922 and the final
estimate allowed October loth., 1922 should be and the same are hereby in all
things ratified, confirmed and approved. Board ordered that the Contractor was
to fill up holes where sewer taps were put in and fill up other excavations not
properly filled.
Baaring had on assessment.roll and final estimate for grade,
curb and walk on Scholum St;reei from Division Street to the New York Central
Railway Co. under Improvement Resolution No. 974. In the City of South Bend, Ind.
In the above matter no remonstrators appeared and no written
remonstrance filed. The Board therefore find that the property assessed in said
roll filed October 3rd., 1922 aid banefitledoin the amounts of assessments as
shown an said roll filed October 3rd.,1922 and the. Board further find that the
assessment roll filed October 3rd.,1922 and the final estimate allowed 4Joctober
3rd.91922 should be and the same are hereby in all things ratified, confirmed and
approved.
5'L3
Hearing -had on assessment roll and final estimate for pavement
on alley north of Lincoln Nay ??hest from Leland Avenue to Alley East of Wood Street,
under Improvement Resolution'No. 957. In the City of South Bend, Indiana.
In the above matter ,no remonstratorsappearedand no written remon---
straneewas filed. The Board t erefore find that the property assessed in said roil
filed October 10th.; 1922 is benefitted in the amount of assessments fas.sh.own on said
roll and the Board further find that the assessment roll filed October 10th.,1922
and the final estimate allowed October loth.,, 1922 should be and the.smme are hereby
in all things, ratified, confirmed and .approved.
Hearing had on assessment roll and final estimate for pipe sewer
on Milton Street from Miami Street to Mumford Court, under Improvement Resolution No.
1006 in the City of South Bend, Indiana.
In the above matter' no remonstrators appeared and no written
remonstrance was filed. The Board therefore find that the property assessed in said
roll filed October 3rd.,1922 is beneiftted in the amount of assessments as shown on
&aid roll, and the Board further find that the assessment roll filed October loth.
1922 and the final estimate allowed Octoberl6th. 1922 should be and the same are hereby
in all 'things, ratified, confirmdd and approved.
Hearing had on assessment roll -and final estimate for pavement on
Irvington Avenue from Michigan Street to Fellows_ Street, under Improvement Resolution
No. 954. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written remon-
strance was filed. The Board therefore find that the property assessed in said roll
filed October 3rd.91922 is benefitted in the amount of -assessments as shown on said
roll and the Board further find thELt the the assessment roll filed October 3rd.,1922
and the final estimate allowed.October 3rd.01922 should be and the same are hereby in all
things ratified, confirmed and approved.
Engineer filed assessment roll and final e-stimate for pavement on
Bowman Street from Miami Street to Studebaker Street, under Improvement Resolution No.
994. In the City of South Bend, Indiana.
Resolved that notices as to the assessments•be,published on the
27th. day of Octolaer 1922 and on the 3rd. clay of October 1922 in the South Bend dews
Times and South Bend.Tribune, stating that this Board will give a hearing on the amounts
of assessments as shown on said roll at .its .affiee in the City Hall on the 15th. day of
November 1922 at 7:15 P.M.
Resolved further that the entire work under the above contract
be accepted and approvdd and the final estimate thereon allowed.
Engineer filed assessment roll and final estimate for pavement on
Main Street from Indiana A venueto Ewing Avenue, under Improvement Resolution No. 995•
In the City of South Bend., Indiana. a
Resolved that notices as to the amounts of assessments be published
in the South Bend News Times.and South bend Tribune on the 27th. day of October 1922
and on the 3rd, day of November 1922, stating that this Board will give a hearing on
the amounts of such assessments at its office in the City Hall on the 15th. day of
November 1922 at 7:15 P.M.
Resolved further that the entire work under the above contract be
accepted and Approved and the final estimate thereon allowed.
Engineer filed assessment roll and final estimate for grade, curb
and walk on Adams Street from South line of Snith's Addition to.Elwood-Avenue, under
improvement Resolution -No. 1008. In the City of South Bend, Indiana.
Resolved that notices as to the assessments be published on the
27th. day of October 1922 and on the 3rd, day of November 1922 in the South Bend
Tribune and News Times, stating that this Board will give a hearing on the amounts of
assessments at its office in the City Hall on the 15th. day of November 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.
524
VJednesday October 25th., 1922. Continued.
Hearing had on impro ement Resolution No. 1069 for the pipesewer
on -Woodward Avenue from Angella Avenue to Hudson Avenue, in the City.of South
Bend, Indiana.. I
Upon said hearing no -remonstrators appeared and no. written remon-
strance was filed. The Board being fully advised in the premises. decides that
the beneits to property liable't,to be assessed for said improvement are equal to
the estimated cost of the same, as reported by the City Civil Engineer, and thereupL
takes final action on said resolution as oPfi finally adopted and . the sameis hereby
in all things, ratified, confirmed and -approved.
Resolved further, that notices be published on the 27th. day of
October 1922 and on the 3rd day of November 1922 in the South Bend Tribune and
News Times, stating that this Board will reeeiVe bids for the construction of
said improvements up to 10 :00 A.M..on the 14th. day of November 1922. The Board
reserves the right to reject any and all bids,
Hearin had on improvement Resolution No. 1070 for Trunk sewer
on West: Calvert Street district, as recorded on pages 4 72 and q73 of this loth.
record of the Board of Public Works in the City of South Bend, Indiana.
Upon said hearing no remonstrators appeared. Mr. Graffis Engineer
for the.Terre Haute and Logansport Ry. Co. appeared for said railway eompany and
Atty, Strickland appeared for the Citizens Homes Company, but no written remonstrane
was filed. The Board being fully advised in the premises, decides that the benj�fitsd
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 s.originally adopted and the same is hereby in all things
ratified, confirmed and approved.
Resolved further, that notices be published on the 27th. day of
October 1922,an Rget� �I �a p r19 ' l ut n Tribune and
News Times, s t�ng t t is ear wi receive s or fie cons�,i�uction of said
improvements up to 10:09 A.M. on the 14th. day of November 1922. The Board reseres
the right to reject any and all bias.
Engineer filed estimated cost of Calvert Street Trunk sewer
district at .............334,,000.00
Engineer filed estimated cost of pipe sewer in Woodward Avenue
from An' 11a Avenue to g
Hu dson Avenue. at....... J1,665.00
Hearing had on roll of awards of damages and assessments of bene-
fits .in the matter.of Vacation of First alley West of Main Street from Calvert
Street to No. Line of 1st. alley North o:g Calvert Street, under Vacation Resolution
No. 65. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance.was filed. ,The Board therefore declared that the above mentioned
roll filed.October 17th., 1922 is in all things ratified, confirmed and approved
and these proceedings closed. The following roll approved.
VACATION OF THE FOLLOWING:
The first alley west of Main Street from Calvert Street to the north line of the
alley between Stover and Witwer's Addition and the Perley Lumber Co. Addition as
follOws, to -wit:- Beginning at the intersection of thenorth line of Calvert Street
and the west line of lot 17 Stover & Wit�ver's Addition; thence north to the north
line of the first alley north of Calvert Street; thence west 14 feet to the
right of way of the Terre Haute and Logansport Railroad ; thence south along said
right of way to the north line of Calvert Street,; thence east 14 feet to the place
of' beginning.
THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED.
S. 10 .2 ft. 17 Stover & Witwer's Add. Edgar R. & Minna Damages Benefits
Stoddard 00.00 00.00
All 16 00.00
All 15 "" "" 00.00
George F . & Anna
All 11 Perley Lumber Co. Wurster 00.00 00.00
Addition Schmidt Cut Stone Co. 00.00 00.00
5L5
Damages Benefits.
Beginning on the north line of Calvert
Street 146 feet west of the west line of
Main Street; thence north 149.85 feet;
thence west to the west line of Terre
Haute and Logansport Railroad right of way;
thence south along west .line of said right
of way to the north line of Calvert Street; o
thence east on the north line of Calvert
Street to Beginning. ° Terre Haute & Logansport
Railroad Co. (Vandalic). 00.00 00.00
00.00 00.00
Total amount due for the improvement $00.00
Respectfully submitted this 16th. clay of. October 1922,
Frederick J. Andevenn,
APPROVED Civil Engineer,
OCT. 25,1922.
BOARD OF PUBLIC WORKS
BY L. B. SLAUGHTER
President.
Hearing had on roll of awards of damages and assessments of bane-
fits for°the.Vacation of first alley west of College Street from Rupel Street to
first alley south of Rupel Street, under Vacation Resolution No. 64, in the City of South
Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board therefore declared .that the above mentioned roll filed
October 17th., 1922 is'in all things ratified, confirmed and approved and these proceed-
ings closed. The following roll approved.
VACATION OF THE FIRST ALLEY WEST OF COLLEGE STREET FROM
RUPEL STREET TO THE FIRST ALLEY SOUTH OF RUPEL STREET AS FOLLOWS
TO$WIT:$
Begining at the northwest corner of lot 45
Kauffman, Place Addition; thence south to the
southwest corner of lot 48 in said Addition; thence
west 14 feet to the south east corner of lot 44
in said addition; thence north to the north
.east corner of lot 44 in said Addition; thence
east 14 feet to the place of beginning.
THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED.
Dama&es Benefits
All of lot, 44 Kauffman Place Addition
All
of
lot
45
do
do.
do
All
of
lot
46
do
do
do
All
of
lot
47
do
do
do
All
of
lot
48
=do
do
do
Michigan Avenue
Lumber Co. 00.00
00.00
do do 00.00 01.00
do do 00.00 00.00
do do 00.00 00.00
do do 00.00 00.00
00.00 00.00
Total=amount due for the improvement $00.00
Respectfully submitted this 16th. day of October 1922.
FREDERICK J. ANDERSON, Civil Engineer
APPROVED
OCT. 2591922.
L.B. SLAUGHTER PrCsident.
Board of Public WorS.
5264
Wednesday October 25th., 1922. Continued. A
r
. Hearing had on roll of awards of damages and assessments of bene-
fits for the Vacation of a part of first alley north of Madison Street from Notre
Dame Avenue to a point 159 feet east of east _line'of Notre 1*me Avenue, under
Vacation Resolution No. 66. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The.Board therefore declared that the above mentioned
roll filed October 17th,, 1922 is in all. things ratified, confirmed and approved
and these proceedings closed. The following roll approved.
x VACATION OF ALLEY NORTH OF MADISON STREET FROM NOTRE DAME AVERS
TO A POINT L FEET ]FAST OF THE EAST LINE OF NOTRE DAMS AVENUE, as follows, to -»wit*
Beginning at the intersection of
the east line of Notre Dame Ave nu e
and south line of first alley north -
of Madison Street; thence east on south
line of daid alley 159 feet; thence north
14 feet, to the north line of said alley
thence west 159 feet to the east line
of Notre Dame Avenue; thence south to
the -place of beginning.
THE
FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY
AFFECTED.
Damages
Be-n.efi is
4
Chapo tan' s
Sub.
Division of
lot 10
Coti,rell's
Addition.
All,lot 76
do
do
Elora & Elsie Thomppnn 00.,00
00.00
All of let 7
do
do
Anna Ritter 00.00
00.00
All of lot 11
do
do
Sister of Holy Cross
Hospital Association 00.00
00.00
South 33 feet B
do
do
do do 00,00
00,00
00.00
00.00
Total amount due for the improvement $00.00
APPROVED
Oct. 2591922.
BOARD•OF PUBLIC WORKS
BY L. B. SLAUGHTER
President.
Respectfully submitted 16th. day of October 1922.
•FREDERICK J. ANDERSON,
Civil Engineer.
a ;
Resolution ordered for pavenesi, sid sewer an Fellows Street
from Sample Street to Eying Avenue.
3
Petition filed for light on corner of Kinyon Street and Blaine
Aveme. Same placed on,file and referred to the Inspector for report.
In regard to petition filed October 18th., 1922 for additional
lights in Harter Heights, Inspector reported unfavorably on any additional lighting
and petition not granted by the Board.
The following plats with dedications were approved by the
Board and were approved by the City Planning Commissione October 25th.,1922.
PLAT OF TASHER'S FIRST ADDITION.
To the City of South Bend, Indiana.
Description: This plat is laid out on a part of the west one-half (1)
of the south --west one -quarter (;fO of Section 24, Township 37 North, in Range 2 East
of Second Principal Meridian; bounded by a line running as follows, viz:
Beginning at a point, in the Easterly line of Michigan Road; Two
hundred Ninety-nine and sixty --four hundreths (299.64) feet south of the east and
Vest .one-- ter _�-) s ct on 1 ne. ,in sad sotto 24, and running thence,southerly
ffv`e f hun re 13+- 57 eet; thence :Year , r y aral e a ire said Iliehigan D��oa
three hundred sixty an forty give hundreths (360.45) feet to a poir=t east of
beginning; thence west parallel with one -quarter ( } section li.rke of s i'� --�'-
on.o hund.r
527
Wednesday October 25th.9 1922. Continued.
One hundred thirty four and five one hundreths,(134.05) feet to the place of beginning.
Also:-- Beginning at the intersection of the westerly line of said T�ichigan
Road and. the south line of the north one --half() of tb.e nor hViest-giiarter(4) oPTthe
southwest quarter{-&}a=of• said section 24'an.d rune n -thence soui,herly witi�; ,be westerly
line of said Michigan Road to a point Fifty (501) feet south of the east and west
•orie'eighth (1/8) section line in said southwest one quarter(--) of said Section 24;
thence west parallel with said'one eighth (1/8) section line one hundred and seventy
five and five one hundreths (175.05) feet thence northerly parallel with said Michigan
Road to the south line of the north one half (4) of the northwest quarter (4) of the
southwest quarter (�) of said section 24; thence east one hurldred and seventy nine
and five one hundreths (179..05). feet to the place of be inning.
This plat putt consists of eighteen '(185 lots numbered one to eighteen
bth inclusive; the shape of these lots is as shown on attached plat on which is marked
in feet the dimensions of said lad, and the streets and alleys in the plat, Michigan
Street is already dedicated as highway the other streets and alleys or parts thereof,
lying within the annexed plat are hereby dedicated to thepublie for use as public
highways for ever. In Witness Whereof, We have hereunto set our hands and seals
this 23rd. day of October 1922
State of Idiana
county of St. Joseph
said County and State,
to be the propriators
of the attached plat.
LUCY J. TASHER
CHARLES A. TASHER
SS
October 23rd.9 1922.
Personally appeared before me a Notary Public in and for
Lucy J. Tasher and Charles A. Tasher her husband known to me
of the above described property and acknowledged the execution
My Commission expires July 2021926.
APPROVED APPROVED
OCT. 25,:1922. Oct. 25,1922.
Board of Public Works CITY PLANNING COMMISSION
By L. B.;Slaughter BY W.M. HAPP, Pres.
F.C.H.
Veronica C. Sweeney
Notary Public
JOHN D. J. FARNEMAN FIRST A-DIDTTINN.
To the City of South Bend, Indiana. Description: This Plat comprises twent
three (23) lots as shown on annexed plat. Numbered from one (1) to twenty three (2N
and is laid out on the followIng described tract of land. A strip of land }.V9 One hundred
and seventy nine and five one hundreths (179.05) feet wide east and west, taken off and
from the east side of that part of the north one half Q-) of the northwest one quarter
(d) of the southwest one quarter (;f) of section twenty four (24) Township thirty seven
(37) in range 2 East of the second principal Meridian. Also, a tract of land bpunded
by lines running as follows which is; Beginning at a stone at the northeast corner
of Chippewa Heights Addition to the City of South Bend, St. Joseph County, Indiana, and
running thence north in the north and south ei hth section line in Southwest one
quarter (4) of smx th said section Twenty four �24) a distance of two hundred and fifty
five feet (255) feet; thence west to a point one hundred and thirty four (134) feet
and five one hundreths (L34.05) feet east of the easterly line of.said Michigan Road,
thence northerly parallel with the easterly line of said Michigan Road, a distance of
three hundred and ten and fifteen hundreths (310.15) feet to the south line of the
north one half (1) of northwest one quarter_ of the southwest one quarter(:f
of said section 24; thence west one hundred anI thirty four and five one hundreths
(134.05) feet to the easterly line of said Michigan Road; thence southerly with the
easterly line of said Michigan Road to the northwest corner of said Chippewa. Heights
Addition; thence east -two hundred and six and four tenths (206.4) feet to the place
of beginning. The shape of the lots and dimendsions of lots, streets and alleys and
pacts thereof, are marked on the plat the latter in feet and decimels parts. Michigan
Street is already dedicated as a highway, the other streets and alleys and parts thereof
lying within the annexed plat are hereby dedicated to the public for use as public
highways forever. In Witness whereof, We, have -hereunto set our hands and seals
this 21st. day of October 1922.
JOHN D. FARNEMAN
ETHEL S. FARNEMAN
State of Indiana SS
St. Joseph County
October 21st., 1922.
-Perdonally appeared before me a Notary Public in and for said
County State Ethel S.. Farneman and John D. Farneman known to tie to be the proprieato
of the above described property and acknowledged execution of -the attached plat.
FRANK J. SCIiUNIAKER
My Commission expires Dec. 2991925. Notary Public
2, S
Wednesday October 25th., 1922. Continu
The following contract, approved.
PUBLIC IMPROVEMENT CONTRACT.
This Agreement, Made and entered into this 25th. day of October.1922.
by and between William H., Burke.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 Publt
Works, i .hereinafter referred tows the " City"), under and by virtue of an Act
of the General Assembly .of the State of Indiana, entitlwd ",An Act Concerning
Municipal Corporations, " approved March 691905, and all: amendatory and supplemeA
supplemental acts thereto:--
v Witnesseth, that the contractor covenants and agrees to pebaace water
taps on Kendall Street from Indiana Avenue to Calvert Street, in the City of Souk
South Bend, Indiana, at and for the following prices:-
1 tap on long side, each $24.50
4 taps on short side, each 19.90
W per=orin all wor": i:i �..c pT(x ec- !_lon said fillrtm. >etnent under and ace-ottiltig to the tPt'iila hitil t't)w
ditl'ons of Improvement RAsolnt,on We. _,- .1:(�68- adnpted by the ]Board of PuM '; 6 1 i;;►,► t'p .:� Z. jq 1922
aiid the plans, profile a-<i specifica.�:nrs op file 'y Shp office of tl..; L�epx;�kriiAnt taE Pu'hP WC W1, Ali ant
resolution, p'.a-t,.s, profil> �a6d specifications are made a part hereof as fully ;knd ellectir'lly to j toplod and
set out, herein at full length.
13e contractor further expressly covenants and agrees that in the pros^ruflon of sold work till tit opei•
skill aril care -, Tbz ex.ercis- ; tP -tie -_- l r,on�..:.. �, d 1. ,..,•tall ex-Ava,+ions a,nd dankerob N places
and -;':I use ill due a.rd prT)er pr2ca,ition to riji-try to =ry person'or that 1H the event �
ati.y injt+ry or dam^.ge resulting from the or resulti-; from r-y rratter or 'thin eonnectad therewl" or
arising therefroni, to any pert^-i or property, he 'i,411 *?ay ana liopuidate the same at is own expense, and, ss>
sunle the liability` therefor. anti in the event'of any claim or claims being made or and action or actions bein
liro�.ght ,against the city by reason or on account of or growing out of :,aid work or its corytrtiction, the sail
4onAractor will at his own expense defend the same, and will pay ally judgment recovered therein, and will in
all respects fully indemnify and save harmless said city, its officers, agents or representatives from oil coot
expense, payment or judgment recovered in connection with such claim or claims, action or actions, And i�
Within Teti days after .any such action is ;begun, the city shall notify" the Contractor of the pandeney thereat
thuk auy judgment rendered against the city shall be conclusive against,the Contractor and Against dw surofy.
ouhaec,xstruction bond, as to the amount. liability and other matters.pertaining thereto.
Paid 'rie Col — —actor agrees XY al atain"said ii, ia. 'ii7 , X.
Me period and m the ma,tner.as fixed by the anPcilications, and to scq�xq the iiiaziii•ei
to file with t':ie Board of Public Works a bond with sufficient surety thereon and in asr art,t,WIr ns
specifications. :And in doing such repairanwork the contractor and the surety on his gtiarttc tce bo I sift..,.!
subject to the same Liability to. the city d any either person. for any injury-br dnmag� to any per O f„
erty in the same manner and to the same extent as is,fixed in the last preceding par.ageaph cove; 1.,#4 the Co
struction work.
A,:d it is further- agreed by 4nd between said part es that the acceptance of -the woilt pi0vifled for i i
Contract, or. the payment tlt,:-reof, shall not cbnstitute a waiver on the part of the city o finy of 11ae p;'�v,s:-
his of. this contract, nor shall it rtiease said ccntraetor or the sureties on his bond for the faithful pe i for ii-
lice thereof; car shall file acceptance be prima facie evidence of the performance of any piovisiott of this
suntract, e wept to the extent of entitI;r, the contractor to the contract price therefor.
The contractor agrees to pay fop all Tabor and materials used or furnished to be used in the tucking of
such improvemcn t and in the performance of this contract, whether done or furi,lsh.ed for Mitt, or his ugent,
assignee, successor or subcontractor; and the city may reserve out of any all+�-,,rance x;,ade won atty a titiinie
tit favor of the contractor or s assigns, qr out of the amount due him or his assigns itpeti: the co npletioii
of the v,,ork; so much as ma_ cessary to pay all laborers or r,iateriat itie for a;i minty due thout for
work done or materials used or furnished to be used in the perforwance of this contract and the doing of
said worn, and the county treasurer, acting as city treasurer, Ina retain V'Oncy eoilt ted from property
oxvners .assessed for said }m iroves;ierrt to pay such debts or uiitii tht Cc):itraetar sl;avirs that they ht-.ye heeai
D'.id sRr ,Satisfied '
e:> rt`4nu- all rt Yiish. earth, and pn*wised r, aterlAt In rite streets �ar sides t; �:,
upon the completion " of the improvei,t ::it or tlie'repa;,: thereof.
Tlie work of insking such itntovetnertt shalt be completed according to the fcii.;s of this coaitraet c.,r c:.
of
bpl�l'c the
litllCss the time for the M AHOJI of the sa+ e sib ll be extended in writi
y o
.g by the ,Board of -Public Wotles,
Argil it ii; &greed that a.tisix^h p+ti.l;il�ivii f ti+;;e, or any altera`ion of this can±tact or of the manner or n,e.tlt-
00 of dohg such +work shall in no -way affect the duties, obligations of liabilities of the contr,^ctor or his sui e•
tl€
It is agreed that the epritractor shall not ssi,n this 'IT*art. or sub -let the work or any part thereof to
ba done heremitler, wirho ..y „ th! rit'�en co;. t of the I�.,,,rd of Pu blic Works.
it to further agreed and stiptik,'-ed *?tat t - contractor shall gi,,e to residents of- said city ar..d co o;,ty
preference in the eiriploym—nt of ;+11 labor n,!C!gsary in the performance of this contract, and failing to do so,
Ahall lOrfeit to the city the sure of ten dollars for ea :h failure to observe this stipulation.
Arid upon the performance of all the tel-nis and conditions of this contract, and things to be done anA
rrformtd:by said contractor the said city. agrees to ca+ise the cost of doing such work to be' assessed, col-
t all paid to said contractor in the manner fixed by the statute governing the making of such improve -
Id
C-..I t8,
To catch of the Conditions and stipulations of this contract, including all and singular the. provisions and
tmis of the plans, profile, specifications and resolution aforesaid, the undersigned -binds himself or itself.
and tl!® TY> pactive Odeecssor or assir,'=;s of swec-
In Testimony Whereof, We, the foregoing named parties hereunto
set our hands this 25th. day of Oct. 1922.
.CITY OF SOUTH BEND, INDIANA. WM.. H.. BURKE
BY L. B. SLAUGHTER Per H. E. Aoheen Contractor
L.
P. HARDY
T,BFR F O
ItsABoar o Put Works.
G"Att e s tee
��l�fiGli j
Clerk of the Board. PresiAent.