HomeMy WebLinkAbout11/01/1922 Board of Public Works MinutesBoard=met in.regular session at 7:15 P.M. L. P. Hardy absent.
Hearing had on Improvement- Resolution No. 1071 forthe grade, -
and curb on Mumford Court from Dayton Street to Calvert Street, under Improve
meet Resolution No. 1071. In the City of South Bend, Indiana.
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In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board therefore find that the proper -
assessed for said improvement are equal to the estimated cost of the same, ws
reported by the City Civil Engineer, ans thereupon takes final action on said
resolution as originally adopted, and the same is hereby in all things, ratified,;
confirmed and approved.
Resolved further, that notices be puvlished on the 9th. day of
November 1922 and on the 16th. day of November 1922 in the South Bend News Times
and Tribune, stating that this Board will receive bids for the consruction of '
said improvement up to 10:00 A.M. Tuesday.November 28th., 1922. The Board re-
serves the right to reject any and all bids.
Fearing had on improvement Resolution No. 1072 for the grade,
curb and walk improvement on Kendall Street from Calvert Street to Sherrill St.
in the City of South Bend, Indiana.
In the above matter no remonstraotrs appeared and no written
remonstrance was filed. The Board therefore find that the .rafter being fully
advised in the premises, that the benefits to property liable to be assessed for
said. improvement are ,equal to the estimated cost of the same, as reported by -the
City Engineer, and thereupon takes final action on said resolution as originally
adopted and the same is hereby in all things, ratified, confirmed and approved.
Resolved further, that notices be published on the 9th. day of
November 1922 and on the 16th. day of November 1922 in the South Bend Tribune
and News Times, stating that this Board will receive bids for the consruction of
said improvement up to 10:00 A.M. Tuesday November 28th., 19?2. The Board reserve
the right to reject any and all bids.
Hearing had on improvement resolution No. 1073 for the pipe sewn:
sewer on Crescent Avenue from Hill Street to St. Louis Blvd. in the City of South
Bend, Indians.
Upon said hearing remonstrators appeared but no written remon-
strance was filed. And the Board being fully advised in the premises, decides
to modify resolution as follows:-- By running east along the center line of
Creseant Avenue to a point 135 feet west of the west lire of St. Louis Nlvd,
and decides that, the benefits to:.prgperty::liable td, belassessed . for . said, improve-
ment are equal to the estimated cost of the same, as reported by the City Civil
Engineer, and thereupon takes final action on said resolution asmodified and the
same is hereby in all things ratified, confirmed and approved
Resolved further, that notices be published on the 7th. day of
November 1922 and on the 16th. day of November 1922 in the South Bend News Times
and Tribune, in said City, stating that this Board will receive bids for the con-
struction of said improvement up to 10:00 A.M. Tuesday November 28th.,1922
The Board reserves the right to reject any and all bids.
Hearing had on assessment rollz and final esimate for grade, curb
and walk on Oakside Street from Michigan Street to Fellows Street, under Improve-
ment Resolution No. 915. In the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written
remonstrance was filed. The Board terefore find that the property assessed in
said roll filed October 1922 is benefited in the amount of assessments as
shown on said roll, and the Board further find that the assessment roll filed
October 1922 and the final estimate allowed October 1922 should be and the
same is hereby in all things ratified. confirmed and approved..
Wednesday November lst „ 1922. Continued.
Mr. Evans appeared before the Board and presented petition for
light on corner of Sorin Street and..Francis Street. Same referred to the Inspector
for report, '.
Mr. Lewis of the Indiana Bell Telephone. Company appeared before the
Boadd and reported-thai his -company had.xdecided to ask.the Contractor of the Palace
Theatre Company to repair the duct, in the City Hall Court north of the Theatre building.
Estimated cost of pipe sewer on Crescent Avenue from Hill Street
to St. Louis Blvd. was filed at .......... $920.00
Renewal certificate of the Northern Indiana. Heating Company was
approved by the Board.
EKg$meer,filed assesment roll and final estimate for water connections
on Fassnacht Avenue from /Walnut Street.to Johnson Street, under Improvement Resolution.
No 1053. In the City of South Bend, Indiana.
$esolved that notices as to the assessments be published on the 4th.
day of November 1922 and on the ll,.th. day of November 1922 in the South Bend News Times
and Tribune, in said City$ stating th t this Board will give a hearing on the amounts
of such assessments at its office in the City Hall on the 22nd. day of November 1922.
Ch 7:15 P.M.
Resolved further that the entire work under the abo�e contraet-be
accepted and approved and the final estimate thereon allowed.
Engineer. filed assessment roll and final estimate for seven inch
concrete pavement'on alley between Keefer's & Cobb's Sub -Division from Colfax Avenue
to alley north of La Salle Avenue and alley north of La Salle Avenue from said alley
to west line of Co6tage Grove Avenue, under Improvement Resolution No, 955. In the City
of South Bend, Indiana.
Resolved that notices, as to assessment be published on, the 4.th. dray of
November 1922 and on the llth.day of November 1922 in the South Bend Daily.Trihune
and News Times, stating.that this Board will give a hearing on the amounts. of such
assessments at its office in the City Hall on the 22nd. 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.
The foliowing'resolution wa.s adopted by the Board,
TRUNK SEWER IMPROVEMENT RESOLUTION NO. 1074
Resolved by the Board of Public Works of the City of South Bend,
.County of St. Joseph, State of Indiana: That it is desired and deemed necessary to
construct a sewer in alley east of High Street, Fairview Avenue, Irvington Avenue,
Eckman Streetm Oakside Street, Woodside Street, Higla Street and Donmoyer AveNue,`all
in said City, which, from its size and character, is not,only intended and adapted
for use by roperty owners whose property abuts along the line of said sewer,. but is
also intended and adapted for receiving sewage from collateral drains already construc-
ted or which may be hereafte constructed, and the same is hereby ordered constructed in
and along the followInf line in said City, to -wit: -
Beginning at the intersection of the
center line of Victoria Street and the first alley east of High Street; thence south
along the center line of said alley east of High Street to the censer of Fairview
Avenue with a 22 inch -vitrified pipe sewer; thence west along the center of Fairview Avel
Avenue to the center of High Street with a 24 inch vitrified pipe sewer; thence south
along the center &f.High Street to the center of Eckman Street with a 24 inch vitrified
ipe surer; thence still south along the center of High SZbeet to the center of Oakside
Street wih an-18 inch vitrified pipe sewer; thence still south along the center of High
Street to the center of Woodside Street with a 15 inch vitrified pipe sewer; thence still
south along the center of High Street to a point 13 .feet south of the north line of
Donmoyer Avenue with a 12 inch vitrified pipe sewer; thence east parallel with and 13
feet south of the north, line of Donmoye.r Avenue to the center of Dale Avenue with
a 12 inch vitrified pipe sewer; thence still east along tkid line to a point 20 feet
east of the east line of ist. alley west of Miami Street with a 10 inch vitrified pipe s
sewer; Also: Beginning at the intersection of the center line of High -Street and Woodsude
Street; thence east along the center of Woodside Street to a point 20 feet east of the.
east line of 1st. alley west of Miami Street with a 12 inch vitrified pipe sewer. Also:
Beginning at the intersection of the center line of High Street and Oakside Street; thene
east along the center of Oakside Street to the lst, alley east of High; Street with
a 15 inch vitrified pipe see►sr; thence st111 east, along the center of Ookside Stro-ot
to the easy, line of Lot 257 Weidler's 2nd. Addition with a 12 Inch.vitrifi6d pipe
sewer; Also: Beginning a ► the intersection bf a cantor li e► of Righ' Str et and
I�
Eckm€�n Street; thence east along the eenter of _a��� tree to .t e ease �ine o.� o�a
5361�
235 Weidler&s 2nd. Addition with a 15 inch vitrified pipe sewer. Also-: Beginning
at the intersection of the eeeter line of High Street and Irvington Avenue, thence
east along the center of Irvington Avenue 480 feet with a 15 inch vitrified pipe
sewer; thence still east along the center of Irvington Avenue to the center of
Dale Avenue with a 12 inch vitrified pipe sewer; thence still east along the
aento'r of Irvington. Avenue to a point 20 feet east of east line of 1st. alley -
west of -?Miami Street with a 10,inch vitrified pipe sewer. Also: Beginning at the.
interseetlon of the center line of Fairview Avenue and the alley east of High Stre&
thence eapt along the center of FaiR view Avenue to center of Dale Avenue 12 inch
vitrified pipe sewer; thence still east along the censer of Fairview Avenue to a
point 20 feet' eaat of east line of lst. alley,west,of Miami Street with a 10
inch vitrified pipe sewer. Together with the necessary manholes, storm water
inlets, conduits and house connections to the curb line along the line of said
improvements y
And to be built in accordance with the profiles, specifications, detai,
plans, maps and estimates now on file in' the office of the Department of Public
Works of said City The cost of the construction of said sewer shall be assessed
and collEcted in. the manner prescribed by law, pertaining to the construction of
sewers by fCfties of the Second Class,, all of which said property beneficially
'affected lies within the following' described territory in the City of South Bend,
County of SAN Joseph, and State of Indiana, to--wit:--Beginning an the north and
south one-eightth (1-8) section lin6 of Section 24 Tp. 37 N, R. 2 E. at a point
1.53 feet souh of the 'south line of Victoria Street; thence south along said
one -eighth ( + 8) section line to a point 1372 feet south of the south line of
Donmoyer, Ave e;�thenee east parallel with and 1.57y feet south of the south line
of Donmoyer Venue to the west line of Miami Street; thence no,,th on the west
line of Mia,m% Street to south line o'f Donmoyer Avenue; thence west on south line
of Donmoyer Alrenue 107 feet;_ thence north parallel with and 107 feet west of the
west line of Miami Street to the nnorth line of lot 235 Weidler's 2nd. Addition
thence west to west line of the first 'alley west of Miami Street; thence.north aloe
along said' alley to the. north- lir_c of lot 331 Weidle'r&s 2nd, Addition ; thence
east 20 feetl thence north to the north line of lot 285 Weidler's 2nd. Addition;
thence west.20 feet; thence north to the south line of lot 196 Weidler's 2nd.
Addition; thence east 20 feet thence north to the north line of lot 195 Weidlerh
2nd. Addition; thence west 20 feet; thenee north to.the`north line of lot-147 Weidb
Weidlert`s 2nd..Addition; thence east 20 feet; thence north to the north line of
Lot 145Weidler's 2nd. Addition; thence west 20.feet; thence north to the north
line of.lst, alley south_of Victoria Street; thence west along said alley and said
alley extended west td, the place of beginning.
Said improvement shall be known as Alley East of High Street,
Fairview Ave. Irvington Ave. Eckman St. Oakside St. Woodsdde St., Donmoyer Ave.,
and High Street sewer under Improvement Resolution No. 1074. In the City of
South Bend, Indiana.
.Under no circumstances Mali the City of South Bend be or be
held responsible for any sum or sume due from said property owner or gwners for
said work, of for the collection'of the same, or for the payment of any bond ,
bonds, certificate or certificeates issued to said contractor in payment'fon such
work, except for such moneys as shall have been actually received by -said City
from the assessments for such improvements
All proceedings had, and work done in the construction of said
main sewer and its appurtenances , manner azi of assessments of property collection
.of assessments.and`issuance of therefor, shall be as provided for in an Act
of the General Assembly of the State ofIndianat, entitled " An Act Concerning
Municipal Corporations , " in matters pertaining to construction alteration and
maintenance of public drains and sewer, providing for the construction, alteration
and maintenance of such sewer and drains in such cities and within four miles
thereof, also"providing for the assessment of property specicially benefited
thereby for the payment,thereof-, in whole or in part, and for the collection
of such assessments; repaealing all laws and parts of laws in conflict.therewith,
and declaring an emergney, approved March 6,1905, and all acts supplementary and
amendatory therebt, passed by the General Assembly of the State of Indiana.
Notice of this resolution shall be published on the 4th. day
of November 1922 and on the 11" . d�3 of November 1922 in the South Bend News
Times and Tribune. This Board will give a hearing on this resolution at its office
in the City* Hail on the 29th, day of November 1922 at 7:15 P.M.
Adopted this lst. day of Nove tuber 1922.
board of Public Works. L. B. SLAUGHTER
A�,BERT F. HONER.
Attest:- Veronica. C. Sweeney
Clerk.
r
The following bond and contract a•-pproved.
i
Public Vmprovemi!nt Contract.
This Agreement, Made and entered into thislst. day of November 1922
by and between H. N. Barnes 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 aha-by vittue-of-an`AcL of the General Assembly of
the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved
March 611905, and all amendatory and supplemental acts thereto:
Withesseth, that the
contractor covenants and agrees to construct grade curb and walk on Eckman Street frOm
Michigan Street to Vandalia R.. R, in the City of South Bend, Indiana at and for the
follwing. prices:-»
1085
lin. ft. of
curbing per lin
ft.............0 30
1009.cu.
yds. of
grading per cu.
yd. .60
5695
sq. ft. of
cement walk per
sq. ft. .13
and to perform all work in the prosecution of said impsrovem-ent under avFo, to tlic tr J�J',tg *,�qa c
.e
ilttlana o£ pro r + ect i�epelittiori oA ..o .__ adopted by the-BnPird of Ilubli +�i7m,�°Icy rl�a� I �,1922
. t tc darts, farftdle and s ec ft�atic� s file m 71 e office of the Dept: tment of Public �� oAti s, �, i 1; s 4i
Tapplationt plans, pr0flle, Pit d specifications are crude a part hereof as fully and effectually at if aw!
��t (�i11� �te.rst�► ax #ixlt lenttt.
Ths 1;orttrarOr fuiifier expressly covenants and agrees that in the prosecution -of said work -Pith t.;,oper
� iii andr .l'11 r'rili be e is d, that he
prop '�F .., .r : ci p- o�^ct all excavations and dangerwis place 9
and will tusfj all duct and propor precaution to�pre-V.nat injury t., r.y person or p:^,)nArty; that in, the ev �.at
gil,� #iijitt l d6 rta4ti t'ttsikllirxi rom the Ivor.:_. or resnit_irg from ° y ?ratter or thing, connected tltertnvitlt or
al'lki4lfl tti i' li i�rtt, tt� airy 1>et"son or property, he • ��ll rav ar 1 !ie .idate the saxr;e at his own expeme, and �.s-
Cgwo, tliti llRbifily tlhorofor and in the event of any claim or claims being rriaiie or an ac-ion'pt actictnti being
rwilt�'ht n1y4'M tact city by reason or on account of or gro�sving out of s, . work or -its construction, tlae s_zid
golitr t tzar will at lift, vvvn e;t petise defend the same, and trill pay any judgment, rocolered thc;rein, and will in
itil rx=;;tilt€ r`t (idly ►tidelatiff;y' and save harmless said city, its officers, agents or repzesentatives from all cost:
;t iy. itietit or jttdtriant recovered in connection with such claim or claims, action or, artiorts. And i
'lvdhiu tvii dttiyd af'tor any such action is ;begun, the city, shall notify the contractor, of the pei R r.cy tb..Qreof,
tli Vi 0.tl jud,,gtwat rendered against the city shall be conchisive ag-ainst the contractor and against the surety
Oiti Wx brmid, as to tb- amount, liability and othzx rnatters pertaining thereto.
.&na the con rac: or agrees to niailntain sai(1 1111)17U ..... xA'L =i i
the Period and In the wanner as fixed by the a»Pcifications, and to secure the i-naiatcuance a.i-u repair L,: .
to Me with Via Board of Public Works a bond wyv th sufficient surety thereon and in an amount as fixed by t ._
�pecfficatfons, -Arid In deitig sttch repair Nvorle the contractor and the surety on his guaratitee bond shall be
(lubject to the saute litt,bility v) the city and any other person for any hijury.or damage to any per, a or prop -
arty in the same unsttirier chid to the slime extent as is fixed in the last preceding .paragraph covering the tali;
stritctfon work.
Atld It is further agreed by and between said-perVits that the acceptance of the work provided for in ibis
contract, or the payment thereof, shah riot constitute a waiver on the part of•t-he city of any of the provis-
Ions of this contract, nor shall it release said centrsacior or the sureties on his bond for the faithful perform-
&nee 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 eontractor 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 11tt; assigns, or out of the amount due him or his assigns upon the. completion
of the wo&, so much as ma3 ,cessary to pay all laborers Or mateeriai men for amounts due them for
work done or materials used or furnished to be used in the performance of this contract and the doing of
saidwork, and the counter treasurer, acting as city treasurer, :nay retain money collected from property
owners assessed for said improvement to pay such debts. or uutif the contractor shows that they hate been
paid or satisfied
ab.-ees to remo--e all rubbish, earth, and unused material in the streets or sides t?tere�t
upon the completion of the improvement or the repairing thereof.
The work of training such improvement shall be completed according to the terrris of this coatract on or
beforethat:._. ...:............................... .. ...... _.day of ..................................... ....... •---- --.. .._ _...--_.., 19.......
••M
antem the tirre for the completion of the sar-e shall be extended in w ritf. g by the Board of Publ,c Works.
And it #s agreed that any such "tension of time, or ary alteration of this contract or of the inanner or meth-
od of doing such work shall in no way affect the duties, obligations or liabilities of,the contractor or his sure-
-tins.
Itie agreed that the contractor shall not assign this '-ract, or sub -let the work or any part thereof to
be dotte hereunder, wit:hotif the writ/en co n.t of the &_. rd of Publ+c Works.
It is futther agreed and stipulated that t',� contractor shall give to residents of said city and coimly
preferenct- in the employment of Pill labor necessary in the performance of this contract, and failing to Oo so,
shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
And upon the performan,ct of all the tennis and conditions of this contract, and things to be done and
perfermed by said contractor the said city agrees to cause the cost of doing such. work to be assessed, col-
eeted and paid to -said contractor in the manner fixed by the statute governing the making of such improve
tin its.
To each of the conditions and stipulations of this contract, including all and singular the. provisions and
terris of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself
-And the ra+:pective successor or assi-zus-of such. vartiec. '
In Testimony Whereof, We, -the foregoing named parties, hereunto
set our hands this lst. day of November 1922. -
CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES
BY L. B. SLAUGHTER Contractor.
L. A. HARDY
ALBERT F. HONER
Its Board of Public Works,
538
Wednesday November 1st.9 1922. Continued.
y tt , by th>e-dw prc5i=s. That we S � �• N• ..Bar29G3 .__.... -. -
° C;)-: Ity of.....-S1� �T4S�ef1h- State of._._ Z11rI..iana ay-
af t6t ♦__•-----------------------------f ......._ ........._._..,
P.:.l, ,,d Iti-A-19131i'l-ty--- mpg Go ny � .--_-__.. __................................
o$ the County o£ ---------------------------- -----I---- -------and State of ------- .........w�.,
as sureties, are held and firmly bound to the City of South Bend, Indiana, in the surn of,_..--M-ght -
Tntollarg ($ 835.00.),
for the payment of tvhich, well and truly to be made, we jointly and _severally bind ourschros, our hears,
>ec;xtofs, adminstrators, and assigns, firmly 6y these presents.
The conditions of Ihe,obligation are' such that if tho above named._w.�A� a..... ....._�m.....-.m....,
.. . ......................shall faithfully, comply with the foregoing
made and entered into the ------ a..&tL * _._..__._..------------------ dapp of-------------Nave&m�}4p---1-�g}22------------ -._--, 19.........
with the'City of South Ler-c', indianp and shall fulfill at he conditions apd stipulations therein -contained
according to the true icikf:et i_. ;;:_e�W_.- th--cof, in all res, = ts, then this obligation to be void, otherwisE-
to be and remain in, f -all force and vir-<,. ; in law. In the eve. the said City shall' extend the time for the;
completion of said ,y orlk, such * nsian shall not in a.iy way release the st{reties on this bond.
This shall be a construction Dona, acid 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 fait'-{ul compliance with all other conditions, stipulations and requirements,
covered lair or set out in the contract.
r G „day Nc��s�me922� ...... 1`�_.....
%1JTN'�"SS rn.r hands and eats this......,,,, ;ley,. - . _.. .,
Hartford Accident and Indl'y 7
.... .... '"'U�f F12 .. ...._.. ,.
Fact
Theabove bond approved this........ l s t:..........,..,.. ,,—day Ov...,-��_x,.,.am 19..
L.B. _SLAUGHTER
L. P. HARDY
Fe, HONER*
Board of Public Wodrso
Claims were allowed as follows:
Peterson Prtg. Co.
The Frederick Post Co.
Isaac Ian Trump
Attes ed:-
C 01,;,
Clerk of the Board.
$9.75
10.85
42.44