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HomeMy WebLinkAbout11/15/1922 Board of Public Works MinutesM, Wednesday November 15th.. 1922 Board met in regular session -at 7:15 P.M. All members present, Hearing had on Condemnation Resolution No. 65 for the Condemnatin of of land for the relocation of Catalpa Avenue and Chapin. Street in Kemble's Addition in the City of South Bend, Indiana. In the above matter Attorney Roland Obenchain appeared represent- ing interested.property owners and filed written remonstrance. The Board after Rearing all interested property owners and filing said written remonstrance, there- upon being fully advised in the premises takes final action on'said resolution confirming without modification all_.former action taken on the same, w Tire Board therefore declares the _ a rove property in all things, condmened.and appropriated for public use, a,nd.the Board now.orders that a list or roll be prepared of all the owners or holders of property and'of valuable, .interests therein sought to be taken or.to be injuriously affected, which said list or roll shall also describe t►he�property beneficially affected,_ Copy of written remonstrance filed. 3 BEFORE THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND. We, the underwigned, owners of property affected by Resolution of Condemnation,No. 656.do hereby remonstrate against such condemnation Resoluton, and ask that the same be not confirmed on hearing, for the reasons that, FIRST: That the -said resolution is invalid and void because it combines on one proceddings,asnd under *k* one resolution, _two distinct and separate parcels of real estate which, if condemrsidf will not, become parts of the same street or thoroughfare. - SECOND: That as to the condemnation of the property to be used as a part of Catalpa Avenue described in said resolution, such -vacation mould not be a public utility or a public benefit, THIRD: That there is no public need reasonably .requring the con- demnation of the property described in said, resolution, which if condemned will become a part of Catalpa Avenue. FOURTH: That the>condemnation of the property described in said resolution which will become,=if condemned, a part of Catalpa Avenue would not be a benefit to any person, 4F persons, whomsoever , and on the ,contrary would be a detriment and injury to many. Name Louis E, Kovach Joseph Kish, Jr. J. D. Fowler L. Weber > N. Nelson Edward Soos E. Eichart Jasper. Tothis Charles C. Tridge FILED NOV.15,1922 BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Address 402 Chapin St. 402 Chapin St. 1915 Catalpa Ave. 1919 Catalpa Ave. 1920 Catalpa Ave. 1908 Catalpa Ave. 1901• Chapin St. 1905 Chapin St. 1923 So.'Chapin St. Hearing had on Vacation Resolution No. 68. for the Vacation of alley lying west Of lots l,S.and 9 Kemble's Addition extending from Bruce Street to Valvert Street, also a part of Chapin Street and also a part of Catalpa Avenue in Kemble's Addition, in the City of South Bend, Indiana. In the above matter Attorney Roland Obenchain appeared represent- Ing property owners and filed written remonstrance.._The Board after hearing all interested property owners filed written remonstrances and therefore sustain all former action taken on and declare the above dessribed__property in all thin s vacated and this resolution in all things, ratifiedw-confi-ad and approved. 555.- 1%12. Continued. And;the Board .now orderw that &.last or roll be prepared of all the owners -or holders of property and of valuableintereststherein sought to, be taken or to be inj,4riously affected yhich list of roil shall bk-so `describe., the property beneficiali f z affected. Copy of written remonstrance filed. BEFORE THE BOARD OF PUBLIC WORKS OF THECITY OF SOUTH BEND. We, the undersigned, owners of property affected. by Resolution of Vacation Number 68 do hereby remonstrate against such resolution and_ask that the°same be not confirmed on hearing, for the reasons ',,hats FIRST: That said resolution is invalid 'And void becauwlt combines on one proceedings.and under on resolution, three separate and distinct parts of streets or alleys, and SECONnf Thm.t as to the vacation of a part of Catalpa Avenue,described in said resolution, such vacation would not be a public utility or a public benefit. THIRD** That there is no public need reasonably requiring the vacation of the pq,rt of Catalpa Avenue described in said resolution. FOURTHt That -the vacation of the -part of Catalpa Avenue described in said resolution would not be a benefit to any persons, or persons, whomsoever, and n the contrary would be a deteriment andiagury to many. Name Address Louis E. Kovach Joseph Kish Jr. J. D. Fowler L.Weber E. Boros .John F. Forslund Mike Tomzpos, Edward Soos Michael Lochmondy Steve Vargo N. Nelson FILED Nov. 15#1922. BOARD OF PUBLIC -WORKS BY L. B. SLAUGHTER President. 402 Chapin St. 402 Chapin St. 1915 Catalpa Ave. 1919 Catalpa,Ave. 1922 Catalpa Ave., 2019 Catalpa Ave. 200.R Catalpa Ave. 1908 Catalpa Ave. 2002 S.-Catalpa Ave. 1921 S. Catalpa Ave. 1920 Catalpa Ave. Hearing had on assessment roll and final estimate for pipe sewer on uarolina Street, from Dayton Street to Calvert Street, under Improvement Resolution No. 970. In the .City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remonw stra as was filed. The Board therefore find that the property assessedin said roll filed October 24th.9 1922 is benefited in the amounts of assessments as shown on said roll filed and'the Board further find that the assessment roll filed October 24th., 1922 and the final .estimate allowed October 24th., 1922 should be and the same are here- by in all things, ratified, confirmed and approved. a 9 Hearing had on assessment roll and final estimate for water connections on Marine Street from Indiana Avenue to Calvert Street, under Improvement Resolution No. 1025. 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 24th., 1922 is benefitted in the amount of assessments as shown on said roll and the Board further find that the assessment roll filed October 24th.9 1922 and the final estimate allowed October 24th., 1922 should be and the same are hereby in all things,,ratified, comfirmed and approved.. 556 Hearing"had on assessment roll and final estimate for grade, curb and walk on Aadams Street from .South Line of Smith's Addition to Elwood Avenue, under Improvement Resolution No. 1008. 'In the City of South Bend, Indiana. In the above matter remonstrators appeared but no written remon- strance was filed. The Board thiiefee find that the, property assessed in said ; roll filed October 25th.,, 1922 is benefitted in the amount of assessments as shown on said roll and the Board further find that the assessment roll .;filed October 25th , 1922 and the final estimate allowed October 25th.0 1922.should be and the same are hereby in all things ratified, confirmed and approved. Party complained of a crack in walk at. Lot 13. Board ordered the `sum of.. Twenty five (025,00 ) Dollars withheld from final settlement to oontractor until this didewalk.is repaired. Hearing"had on Mexican Asphalt concrete pavement on Rush Street from Caney Avenue to Indiana Avenue, under Improvement. Resolution -No, 967. Inthe City.of South Bend, Indiana. In the.above matter no remonstrators appeared and no written remonstrance was filed The Board therefore find that tbs property assessed in said rdll filed October 24th., 1922 s$s.benefitted'in-the amount of assessments as shown'on'said roil. filed October 24th., 1922 and the final estimate allowed' October 24th.9 1922 should be and the same is hereby in all things, ratifie3d, confirmed and approved. Hearing had on assessment roll and final estimate for Aspaltic concrete pavement on Bowman Street from M1dmV'_8tre6t to Studebaker Park, under Improvement Resolution No. 994. In the Fitly of South Bend, Indiana. In the above matter no remonstrators appeared and no written remonstrance was filed. The Board therefore find that the koteproperty assessed - in said roll filed October 25th., 1922 is benefitted in the %mount of assessments as shown on said roll and the final estimate allowed.October 25th., 1922 should_ be and -the same Is* hereby in all things, ratified, -confirmed and approved. 'Hearing had bn assessment roll and final estimate for Asphaltic Concrete pavement on Main Street from Indiana Avenue to Ewing Avenue, under Improvement Resolution No 995, 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 kom property assessed. in said roll.filed October 25th., 1922 is benefitted in the amount of assessments ens, Ahown on said roll and the Board further find that the assessment roll filed .October 25th., 1922 and the final estimate allowed October 25th.9_1922 should be and the same is'hereby in all things, ratified, confirmed and approved. Engineer filed assessment roll and final estimate for water con ections on Harper Ct from Lincoln°Way East°to River Avenue, in the a -City of Siutih Bend, Indiana. Resolved that notices be published on the 18th. day of November 1922 and on the 25th. day of November 1922 in the South Bend News:Times and Tribune, in said City, -stating that this Board will give a hearing on the amounts of such assessments at its office in the city Hall on the 6th. day of December 1922 at 7:15 P.M. Resolved further that the entire worK under the above contract be accepted and approved and the final estimate there(8a allowed, Engineer filed assessment roil and final estimate for water connections on Harrison Avenue.from Lincoln Way West to California Ave, under Improvement Resolution No. 1050. In the City of South Bend, Indiana. Resolved that.notices be published on the 18th. day of November 1922 and on the 25th. day of November 1922 in the South Bend Daily Tribune and News Times in said City, stating that this Board will give a hearing on the amounts of such a ssessinents at its office in the City hall on the 6th. day of December 1922 at 7:15 PsM. Resolved further that the entire work under the above contract be aceePted and approved and the final estimate thereon allowed. 557 The following resolution was adopted by the Board, LOCAL SEWER IMPROVEMEN7,RESOLUTION NO. 1079. Resolved by the Board of Public Workss of the Ci.ty of South Bend, County of St. Joseph, State of Indiana. That the construction of a local sewer, intended and adapted only for local use by the property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral drains he and the same are hereby ordered in and along Kinyon Street from Portage Avenue.to Medora Avenue, Also Anderson Avenue from Keller Street to the all south of Kinyon Street, Also- Medora Avenue from Keller Street to the alley south of Kinyon Street as follows, toowit:- Beginning at the intersection of the center line of Portage Avenue and Kinyon Street; thence west alon the center line of Kinyon Street to. the center line of Medora Street with a twelve (12� inch vitrified pipe' sewer. Also: Beginning at the intersections of the center line of Kinyon Street and Anderson Avenue•, thence southerly along; the center line of Anderson Avenue to the alley south of Kinyon Street with,a ten (10) inch vitrified pipe.sewer. Also: Beginning at the intersection of the center line of Kinyon Street and Anderson Avenue; thence northerlyt along the center of Anderson Avenue to a.point 20 feet south of the south line of Keller Street with a ten (10) inch vitrified pipe sewer: Also: Beginning at the intersection of the center line of Kinyon Street and Medora Avenue; thence southeri. along the center lihe of Medora Avenue to the alley south of Kinyon Street with a ten 10) inch vitrified pipe sewer. Also: Beginning at the intersection of the center Line of Kinyon Street and Medora Avenue; thence north- erly along the center line of Medors Avenue to a point 20 feet south of the south line of Keller 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 improvement, All as is more particularly shown and all in accordance with the plans, profiles, detail drawings and specifications on file in the office of the Department of Public Works of the City of South Bend, Indiana. d Ltd st . :>r, {l:lt +�li Its apntt° tYoan s i' 'l be cnusiruete- i°t aaeordanee v tb, the P"Ah aid 41 09 ill fj - �..r t Of P,' is Worim of -wid CRY, Ttse-CQst at UM �10,01'4"Mtut Alli� bn € opartiwlad A,delmit gild pa!d- by the p-.o^erty holders wyose property abgts thevooa gad ubo1►. tho Oft @# 00 th fonts 4t the City is berg Ited by sa!d intn.ovement, all according to tl;e 2net.W attd 1910�0r, poviftj toll 1,1 Alit; of, tho (jt�rrnral Assembly Of the State of I-td ana, ent ::,ed "An Act Q0ncern.n9 11ft1'lteipa] @oPlloflltt8RN" })rcvotl l areb a, 1906, As�essrt ente, if deferred. are to be said in ten equal annual 'netallmonte, With *d d td the c9ntra�L®1 iri pa�'ii3ellt �@r t4rtdt, at tl�n rvoo of Six per cent Per anuunt. A bond or bonds shall be issue $deli work, ptt10140 the p: opertp owners P' y said asses � !: eats bef:7rF said bo-td or Muds are ioettod Oubi, ho �ipop #ta, cAs ehttll tiaa City of South Bend be or be eM responsible far :any aUM or, aump due trgm sold Prow ty owner or owners for sold work, or for the collection of same. OT -.,for tho Ttssytnsnt of @by h@pd '�1 ��fldd oarttfeme or certlideates, issued to sn.id contractor in Tmyyr.ent for suob-woric- except tot eueh moneym ao AM e bean ®.otttail received by the Citp from the asses runts` fors such improvernent, or suoh MIN '� ae Bold 11 01ty to 'by said !,hove entitled Act'reruired to pay. All »roc@edin;s had, and work done in the mak, @ td. tYs,z)r&eej.ort, paaelement of pro?-9rty, collections •of'. ast-ssments and issuence of bond® th® tots �tbtlil bo nodvided for in geld above entitled Act. Notioo of this reflolution, shall be published on the----1-77 _ day of ...... Ali tho dlty of. -NO�Ye} ber 9 is the �"out�`i Bend D � m opwing .. th oember,� 1922. �onr�h� on thp►tFigrp®solution at its office. in t e City Hall on .thew--=-�..i:......... o .....�....- Ada_ tog t>j1�..... Wlht.h........slay of XQueaab*r.- .3�922., 3��,. i ----• — L. B. SLAUGHTER BOARD OF PUBLIC WORKS L. P. HARDY ALBF.RT F. HONER Attested: - Veronica C. Sweeney Clerk .of the Board. Thru error the following contract was mislaid and not recorded before this date and ig hereby entered of record this 15th. day of November 1922`by permission of the Board and approved by the Board of this date. ° PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 15th. day of November 1922 by and -between Hoban & Roach of the County of St. Joseph and State of Indiana (hereinafter referred to as the " Contractor"), and the4City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter. referred to as the " City"), under and by virtue of an Act_of the General Assembly of the State df Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6th.,1905, and all amendatory and supplemental acts thereto: • Witnessetih, that the contractor covenants and agrees to construct %pavement on the alley between lots three (3) and Six (6) and lots Four (4) and Five (5) in Mease Addition from La Porte Avenue to Lincoln Way West, in the City of South Bend, Indiana at and for the following prices:- 95 cu. yds. of grading per cu. yd..............31,25 331 sq. yds. of concrete pavement er sq. yd. 2.50 558 and to pel f orin all work: in the prosccut4h of said improvement under and according to the terms and conq dltlo"I 6f Xmpr®+ tit ke c� i iian Rio. ,..,, ado tetl b the Board of Public 4Nort-silaB►y,.�,. 922 aucl tl$c plays, prole ands .ed ca+.sons on Ile In the office of the ),cpartment of Public Works, which sai rogolutlelt, plans, profile acid specifications are made a part hereof -as �,ftlty and effectually as if copied and tot out Mreln at 11, len&. 'I°1te.contractor further estpressly.covenants and agrees that in the prosecution of :said, work all P. -er NuIll an. care -,�41 ; g , t i � l b e3�erc d; that l.p oo , r �� �t p- a*^ct all excavations,antl tjangerqus places, itnd will uee 'r.i1 due p,,d pry". r,preoa.,ttion * or r^;�* in�;+try t 1 my person or .I o^,trty; That 1-1 the event �. a17� i4zjOry or.doresdMing ffroin the v-1- or resulti1 - from s,ry matter or thing connected therewitfi or ar[elltg therefrom to atiy perso;z or property, he s 411 pay ar-t liquidate the saine at Iris own expense, and as - @hire the lisl�llltX :therefor; nd in ,the event of any clairl or claims being made or any action; or actions.being lim-t: ght sgainst. e..city by,. reason r dri a.ccoua of or growing out of s-mid vrork'or its construction; the said :eontractorwlll et Is ow., ..expense expense defend the.same,`and will pay any judgment racovered'therein, and will in all -relpe@ts ftllly;indemnify and save haitnles' said city, its officers, agents or representatives from all cost owpanse, ps<yytAent br judMetit''rec�overed in connection with such claim or claims, action or actions. And wihi.on d�yat niter r�+ny such acttb:i is begun, the city shall notify ,the contractor of the pendency thereof; ►pit Auk ttdzateut reado:red`against the city shall be conehfsive against the contractor and against the surety ®tt liar etruet#a r board, as to ib 'AmowAt, liability and other matters pertaining thezeto. And the chin th for agrees to maintain said improvement and make such reiaairs a_ s Inay be necessary to, size eriod and in the manner as fL*ed by the snPciflcations, and io secure the rraain nanoe and ,re- air tharegi t9 a with t<ze Board of Pubic VL'orks a bond-' stxfitcitnt sUrety thereon and In an RnMuht 6s Ixod U�i the `.. spccifzcations And in doing such repair work the contractor and the eusurety an h#s iulatttee hgod Ohl hll l�ject to the sar:.e liability to the city and any other,person for aziy injury or, dalfiage t6 thy peror"IA Of fd .. city in the same manner and to the same extent as is fixed in the last preceding parkgrap %uv�ritt� $lt� eo�e Rtruedon' work. Mid it is further agreed by and between said par6ts. that the acceptartee of the were rovided for `ln tltfs contract, or the payment thereof, shall not constitute a waiver on the part of the city o ai9y of the proVI@= an a of this contract, nor shall it release said contractor or the sureties on his bond fat= the fat"thiul peff6rtn= axto;e thereof; nor shalt the acceptance be prima facie evidence of the performanee of arty pr®vlelon of, thlg contract, except t17 the extent. of entitrn- + the contractor to the contract price therefor, The contractor agrees to pay for all Yabor and materials used or furnished to be tte€d-lfi the makltig of such improvement and in the performance of this contract, whether done or furtilshed for hi , of his agcnty assignee, successor er subcontractor; and the city may reserve out of any a11_oWalc# M— ade on any @§t}ttidte in Uvor of the contractor or t: assigns, or out of the anlount dud him or hig asgigiis ttpgn th@ completioh of _the work, so znuA 0 ma3 cessary to pay alflaborers or viateriai inen f©r at�outttli dus `tf}e� f6r work done or materials used or iurnish4d to be used in the performance of this ceiffrttet t}dtbe hetndoinof said., work, and; the county treasurer, acting asp city treasurer, i q retain Money 0011t 'tdd from r er owuels assessed for said improvement to pay such debts or u1,til the contractor ry�i yg thgi tliey j gy paid or gatisfied s to remo- all ru5aish, earth, and unused material in the streets or sides- these upon the completion of the: ir_tprovemcut or the repairing thereof. The work of making such improvement shall be completed according to the term.9 of tli;a cbntra. ton or at before the .............------- .---- -- --- ------------dav unless the time for the completion of the sal-�e shall be extended in wr1ti--,g"by-the .............................tPuliGtWnr 6, tAnd . it. is agreed that any such extension of time, or any alteration of this contract or of the manner or meth. :cf doing. such work shall in no iesway affect the duties, obligations or liabilities of the contractor or his sure - It It is agreed that the contractor shall not Pssign this Tact. or sub -let the work or any part thereof to be done hereunder, .withovt the lv i ion cc.: -^.t of the T3oard cf P+ bite Works. It is further agreed and stipulated to t t%.- con+ractor shall give to residents of said city and connify ,preference in the employment. of all tabor necessary in the performance of this contract, and failing to (Io so, shall forfeit to the city the sum of ten dollars for each fail tire to observe $his stipulation. And upon the performancy of all the terms and conditions of this contract, and things to be done and erforand by said contractor rite said emu agrees to cause the cost of doing such work to be assessed, cola snelecnts and paid to said contractor in the ma agrees by the statute governing themaking of sae.nts. g g such improve. aTo tack of the conditions and stipulations of this contract, including all and singular the. provisions and nds of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself: or itself and the i4i pective successor or assi-g_-s- of such. part -es, In Testimony Whereof, wet The Foregoing named parties, hereunto set Ur hands this 1.5th. day of November 1922. CITY OF :SOUTH BEND, INDIANA. , HOBAN & ROACH BY h. B.-, SLAUGFJTER BY M. J. ROACH L. P. HARDY Co>hraetor ALBERT,F. HONER _ Its Board of Public Works. J, £ � c d �ts> That we------------ -- Ho -hem --- &- RQ$_C_ .. �..-..... of tl ! Co Y of ... -......... --------- 51,.._.aseph------- ------ -. State of ------- TnUdlg ok... ............. _...... �,A taid >.........Ameriraa.. au s fit- Compspy - f New York .._-------- ------------ of rite County af..------------ _and State of_.._ New York --- ...........­.... _•_-_.......a ae ecia-etiea, are held and firmly bound to the City of South Bend, Indiana, in the suin of ...... JXundv#&.&act. q&v ...thr-ssw-�-.- ------ - _--------_ ----- Iiollars C5 473.00 or the payment of which, well and truly to be made, we jointly and severally bind �. r ecut®a=s, adminstrattors and assigns; firmly by these presents. The conditions of the obligation are such that if the above named --------------- faithfully comply with the foregoing contract, ivde and'entered into'the----------- °..ej:5 ,---------------------- day of---------- OVe_ffibeZi 1922. with the City of Sotrth Ber_d, Indiana and sha!I fulfill alF the conditi'oejs and stipulations.therein Wnt-Lifined, according to the true intent and meat. ng thereof, in all respects, then this obligation to be void, othervnse to be and remain in full force and virtue in law. In the evej_, the said City shall extend the t1me 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 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'-tul compliance with all other conditions, stipulations and regtliretrieilfs` covered by or set out in the contract, nd I5the November 1922.9 jg� WITYE ' 'S o�ir hnm& ,�fll,!�— ... . . ...... --day American Surety Company OfYork Roban,-&-20 . ..... Inv ach.- ... e OV si en By M. J. Roach . ....... .... ... �V ............ .......... tary. Id ........ e�a:, --- Xbvembe B. SLAUGHTER ------------- b Mr. W m. Moove Civil Engineer aPpeared before'the Board with revised plat of Sunnyside, Manor showing curve in La Salle Avenue and the necessary alley between McKinley Avenue and La Salle Avenue. The Board advised Mr. Moore to submit the proper number of blue prints at the next regular session of the Board and this plat would be approved as submitted. A i.;L e s �te Clerk of the Boards Thursday Nov. 16th.lo 1922.. resident. Board met in special session at 1:30 P.M. All members present. Mr. Kaiser representing the Architects for the Studebaker Corporation, appeared before the Board in regard to the placing of a tunnel across Lafayette Street and requesting permission to close Lafayette Street for a period. of time during the construction of said tunnel, Mr. Kaiser was advised to submit Iis proposition in writing with an agreement in regard to underground construction, Attested:. Clerk of tlie Board. WIN t", I F.4 wl"0120- ago Wja.