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HomeMy WebLinkAbout12/06/1922 Board of Public Works Minutes5-90 t 9 Board met in regular session at 7:15 P.M. All members ppresent. a Hearing had on Improvement Resolution No. 1079.for the pipe sewer on Kinyon Street from Portage Avenue to Medora Street, also Anderson Avenue from Keller Street to the"alley south of Kinyon Street, also Medora Street from Keller Street to first alley south of. Kinyon Streets in the City of South: Bend, Indiana. Upon said hearing aoremonstrator appeared, but no written`remon strance filed. On account of property owners not receiving their cards of. hearing, the Board decided to defer action until Wednesday December 13th., 1922 at 7:15 P.M. Clerk` instructed to send notices in time for hearing; Dec, 1R,1922. Hearing had on assessment roll and fin.41 estimate for 71nch Portland Cement concrete pavement on Sycamore Street from Colfax Avenue to LaSalt Avenue, under Improvement Resolution No, 953, in the City of South Bend, Indiana Ire the above matter no remonstrators -appeared -and -no written remonstrance w48 filed. t The Board therefore find that the property assessed in said roll filed November 15th., 1922 is benefited in the amounts of such assessments And the Board further find that the assessment roll filed November 15th., 1922 and the final estimate allowed November 15th., 1922 should be and the same are hereby in all things, ratified, confirmed and approved, Hearing had on assessment roll and final estimate for Sheet Asphalt pavement on La.Salle.Avenue from V. end of River Bridge to Nest line of Main Street, under Improvement Resolution No. 1002. In the City of South Bend, Indiana. In the above matter property owners appeared but no remonstran remonstrance was filed.,: The Board decided to defer hearing on said assessment roll until December 12th., 1922 at 9:00 A.M. Hearing had on assessment roll and final estimate for water connections on Harper Court from Lincoln Lay Nast to River Avenue, under Improve* ment Resolution No. 1055. 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 November 15th., 1922 is benefitted in the amount of assessments as shown on said roll and the Board further find that the assessment roll filed November 15th., 1922 and the final estimate allowed November 15th., 1922 should b be and the same are hereby in all things, ratified' confirmed and approved. Hearing had on assessment roll and final estimate for water connections on Harrison Avenue from Lincoln Way West to California Avenue, under Improvement Resolution No. 1050. In the City of South Bend, Indiana. In theabove- matter nonremonstrators-appeared--and-no- written remonstrance was filed. The Board there fore find that the property assessed in said roll filed November 15th., 1922 is benefited in the amount of assessments as shown on said roll and the Board further find that the assessment roll filed November 15th., 1922 sl d,�t,he> final astute allowed November 15th., 1922 should b be and the same are hereby in all things ratified, confirmed and approved. Hearing had on assessment roll and final estimate for water connections -on Kendall Street from Indiana Avenue to Calvert Street, under Improvement Resolution No. 1068. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written _remonstr<.n-e was fi'-._-1. The Board therefore find chat tb* property assessed hn asses meent .roll_°_filed. November 14th., 1922 is benefited in the amount, of assess- ments as shown on said roll, and the Board further find that the assessment role filed No vember 14th., 1922 should be and the same are hereby in all things Ratified, confirmed and approved.- Hearing had on assessment roll.and final estimate for sewer on Humboldt Street from Blaine Avenue to Allen Street, under Improvement Resolution No. 1011. In the City of `7South Bend, Indiana. In the above matter nonremonstrators appeared and no written. remonstrance was filed. The Board therefore find that the property'assessed in said roll filed November 14th.0 1922 is benefited in the amount of such assessments as shown on saild roll, .and the Board further find that the assessment roll filed November 14th 1922 9?2 and the final estimate allowed November 14th.s 1922 should be and, the same is h;'reby in all things ratified, confirmed and approved. Attorne John Yeagley appeared before the Board representing -the Mar -Main Apartments on NortK_ Main Street and presented -a petition for a sewer on North Main Street from Vla*itree Street to Madison Street, and resolution was ordered prepared on same.... Estimated cost find as'follows.6- Pipe sewer on Kinyon Street from Portage Avenue to Anderson Avenue and on Medora Street from Keller`Street to the alley:south-of Kinyon Street filed. a1,.***0*V#***j6.p841o00 Communication received from Indiana & Michigan Electric Company stating the number Of lights placed on month of NoVembei lg?-2.. Same read and placed on file. Petition fib&& for light on W. Washington Avenue at intersection of alley between Elm Street and Walnut Streit. Same referred to the Pole and Wire Inspector for rep&rt, Engineer filed assessment roll and final estimate tvr Gravel roadway on Gertrude Street from RWing Avenue to South line of RummVillage'Park, under Improvement 2.esolution No. 996. In(the City o:r South Bend, Indiana. IjLxtkeResolved that notices ELs to the assessments be published on the Sthday of December 1922 and -on the 15th. day of December 1922 inthe South Bend Tribune and News-Timest stating that this Board will give a hearing on the amounts of its assessments at its office in the City Hall on the 20th. day of December 1922 at 7:15 P.M. Resolved further that the above contract be accepted and approved, and the final estimate thereon allowed, Engineer filed assessment roll aftd final estimate f6r water cone nections on Stull Street from Michigan Street to Lafayette Streets tinder Improvement Resolution No. 1045. In the City of South Bend, Indiana. Resolved that notices as to the assessments be published on the Sth. day Of December 1922 and on the 15th. day of December 1922 in the South Bend Daily Tribune and News Times, stating that this Board will give a hearing on the amount of such assessments at its :0­fffce* In the City Hall on the'20th. day of Decobber 1922 at 7:15 P.M. Resolved further that the above contract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for water connections on Madison Street from Eddy Street to East line of Judie's Addition, under Improvement 'Resolution No. 1048. In the City of South Bend, Indiana.. Resolved that notices as to the assessments be published on the 8th. day of December 1922 and on the 15th. clay of December 1922 in the South Bend Daily Tribune and News Times, stating that this Board will give a hearing on the amount of such, assessments at its office in the City Hall on the 20th. day of Dec. 1922 at 7:15 P.M. - Reqolved-furthe.r the the entire work under the above contract be'accepted and approved and the final estimate thereon allowed. 5­92 The following resolution was adopted. COPY OF CONDEMNATION RESOLUTION No. 67,1922. Resolved by the Board of Public Works of the City of South Bend, Indiana, That the following described property be appropriated for the use of. said City: WIDENING SORIN STREET AT NOTRE DAME AVENUE A part of lot 24 in Lederer's & Longley's Sub -Div. of large Lot No, 1 Cottrell's Addition. bounded by a line running as follows, to -wit: - Beginning at the northwest cornerof said lot and running thence' forty-three (43) feet to the northeast corner of said lot, thence south on the east lineof said lot. Nine and fifteen hundreths (9.15) feet, thence southwesterly on an 18 degree curve to the left, to a point, in the west line of said lot twenty- three and forty-five hundreths (23.45) feet south of beginning; thence north to the place- of beginning. A part of lots 23 3n Lederer & Longley's Sub -Div. of Large Lot No. 1, Cottrell's Addition; bounded by aline running as follows, via, Beginning at th the northwest corner of said lot, and running thence east thirty three (33) feet to the northeast corner'of said lot, thence south on the east line of said lot three and one -tenth (3.1) feet, thence southwesterly on an 18 degrees curve, to° the, left, to a point: in the west line of said -lot nine and fifteen-hundreths (9 15) feet south of the. place.. of._:beginning,.thence north to the place. of beginning, A part" of" lot' 22-.in Lederer and.-,t,ongley'_sSub-Div. of Large Lot No. 1, Cottrell's Addition; ttnjill boundred by a line running as .follows. via: Begin-* nin at the . northwePt� corner of said lot and running thence east. thirty-three (335 eet ,t 'the..=northeast -corn r of said lot, thence south three -tenths (0.3) fe6 feet, thence westerly on an 18 degree -curve to the left to a poini in the west, line of said lot three and one -tenths (3.1) feet, south of the place of beginning, thence north to the place of beginning. A part of lot 21, in Lederer's &,Longley's Sub -Div, of. Large Lot No; 1, Cottrell's Addition. .Boundred by a line running as; .follows;, via: Beginning at the northwest corner of saici:jot'and' running thence 'east on the north line of said lot eleven (11).feet;-thence.westerly.on an 18 degrees curve to the left:to a point in the west line of said lot three -tenths (0.3) feet -south of beginning, thence north;to the place of beginning A part of,lot 34 in Sorin's First Addition to Lowell now a part of South Bend, Indiana, Bounded by a line running as follows, vis: Beginning at the southeast corner of said lot and running thence west on the south line thereof one hundred twenty (120) feet; thence northeasterly on an 18 degree curve to the left to a point in*the east line of said lot totenty three and forty -five hundreths (23.45) feet horth of beginning, thence south on the east.line of said lot to the place of beginning. The following described property may be injuriously'or beneficially affected by such -appropriation: 8e A-Aning at the intersectio no fht ow t line of Notre Dade Avenue and.the.south line of Almond Court; thence :west along.the south line of Almond Court to the lst.. alley west of Notre Dame Avenue; thence south along the s4 id"41 ley'west of'Notre Dare Avenue to the alley south of Almond'Court thence west along said alley south of Almond Court to the lst, alley east of St: Peter Street; thence south along the said alley east of St. Peter Street to Sorin Street; thence east along Soring Street to the west line of lot No. 3 Chapoton's Place Replat of Large Lot 2 Cottrell's Addition; thence south alon the west line of lots 39 13 and -23 in said Shapoton's Place to the north line of Cedar Street the -nee vast along the north line of Cedar Street to the east line of lot 75 liederer & Longley's Sub. Div.,thenee north along the east line of lots 7�:700and a 27 in said Lederer & Longley's Sub -Div. to the alley north of Miner Street; thence -east along the alley north of Miner Street to the east line of Lot 17 Lederer & Longley's Sub. Div. thence north along the east line of Lot 17 on said. Sub -Div, to Sorin Street; thence east along Sorin Street to-the-lst. alley east of Notre Dame Avenue; thence north along said alley east of Notre Dame.Ave nue to the north line of lot 13 Sorin's lst. Add. thence west along the north line of Lot i3-and said north line extended west to the place of beginning, The pierpose of such appropriation is for the Widening of Sorin Street at Notre. Dame Avenue under Condemnation R>esolyt►ion No, 67. Notice df this resolution shall be.published on the 9th. day of December 1922 and on thel6th. day of December 1922 in the South Bend Daily Tribune and News Tines. This Board, ,at its office in the City Hall on the 3rd. day of Jan. 1923 at 7:15 P.M. will hear and receive remonstrances from all persons inter- ested in or affected by these proceedings. Adopted this 6th. day of December 1922. L. B. SLAUGHTER Attested:- BOARD OF PUBLIC WURKS. .BF:� pp y ' DRONER Veronica C. Sweeney;, Clerk of Board. 593 t The following bond and contract approved. PUBLIC IMPROVMIENT C00RACT,, This agreement, Made and entered"into thin 6th., J% of December 1922 by and between H. N. Barnes of the County of St-. Joseph and State of Indiana (hereinafter referredato a's the " Contractor"), and the City of South Bend, in the County of St Joseph, and State of Indiams, Board of Public Works, (hereinafter referred to as the " City"),,under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Cprporat�ons, " appro ved. March 6119059 and all amendatory andau-ppi<emental acts thereto:«- Witnaesseth, that the contractor covenarkts and a reel to aonstruot pipe sewer on Eck n Street from Michigan Street to Fellows Street, n the City of South Rend, Indiana at and for the following proces:-- 520 lin. ft. of 15 pipe per lin 445 'in.. ft. of 12" pipe per lin ft. ...............2.80 705 lin. ft. of 10" pipe per lin ft.........:.......2.00 282 link ft. of 8" pipe per lin ft.................1.00 928 tin, fto of 6 pipe per lin ft.................1.00 53 lin. . of er lin 1 stQrE11ftwater ,grates,manholes eapch,......o....a•..........15.00 5 manholes curbs and covers, each .............�..920.00 aid to perform all work in the prosecution, of said improvement under and accordln t4 the terms sad 1082 November 22nd.1922 ditions of Improvement #tesoll Lion No.._._....._ _; adopted by the Board of Puhlk `Vilorks.,,.w,o..,.�„. and the plans, profile and see¢ fications on file to Phi office of the Department of PAllo Work;. wt+lch se$ resolution, plans, profile and specifications are made a part hereof as fully and eff'eptiialty as ,if copied and set out herein at full lens th. The contractor further expressly covenants and as:rees thpt in the.ptosecutton pf said worts sit proper skill and care r;Il be ex re snd; that -he .:'1 pron v � a �-ot r* all excavattorl and dangerous places aind oF,111 use all dve and: proper preca',t On to pr v A injury. t-) ,r_y person or p r� --r€y; that in the event any 3njtat°y car r1s.t ry. p resulting frcm t'ln ���o `' n r^s„1firo, frnm.a-.y m"tter or thllngg:c©nnected there'witt or arising therefrom, to any pers^-n or property, -h.2 z 4 n iy ar i lic��idate the sane at .His own expense, and as- sale the liability therefor; and in the event of any cia M or clafnas b"ing made or any action or actions being brought agsimt the city by reason or on account of or groi.�riiig out of s ,d `niil or its construction, the said contractor. will at his own expense defend the same, and Stull gay +arty judgment recovered therein, and will in .all respects fully indemnify and save harmless said city, its bigcersi agents or representatives from An cost, expense, payment or judgment recovered in connection. with such claim or claims, action of actions. And if within ten days after any such action is begim,.the city shall notifythe contractor of the pendency thereof, thai any judgment renderect against the city shall be conclusive against the contractor and igainist .the surety an his construction bond, as to tb- amount, liability and other matters pertaining- thereto. Pmd ilie covtractQr agTeP.S to 1maintain said improvement a:,u 1 .Si:: SUch repairs as w y the4er od acid in the manner as fined by the sn�cifications, and to secure the waintena.snce and repair then,! to t with the Board of Public Works a bonawith sufficient surety thereon and in an amount as fixed by the specifncationsi Arid tit doing *such repair world, the contractor -'Ind the surety on his guarantee bond shall be subject to the suvie liability to the city and any other person for any +njury,or damage to any pers {�i or prop= erty in the same manner and to the sr,trne extent as is fixed in the last preceding .paragraph covering the con= struetton work. Avid it is further agreed by and be*weer► said part'�-s that the acceptance of the work provided for in this contract, or the payment thercof, shalt- not constitute a waiver on the part of the city of -any-of the provis= iovts of this contract, nor shall it release said ccnrrk ctor or the sureties on his bond for the faithful perform= ittnte tbtrtof; tear shall the acceptance be priana facie evidence of the performance of any provision of this cvtitrsct except to the extent of entitling the .contractor to the contract price' therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in -the making of such improvcment 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 od any estimate In favor of the contractor or 1�assigns, or out of the amount due him or his assigns uporr the completion of the work, admuch as mas •tessary to pay aIl laborers or i:na.terian men- for aviounts due them for work dons air materials used or furaished to be used in the performance of this contract and the doing of -said work, :and the, county. treas;trer,.ncting as city treasurer, may retain ,money collected from property ,owners assessed for said improvement to pay -such debts or u_Ltit ilia cu.:tracter shows that they have been paid:op satisfied — - l..e ca.,L--a ... to remu -, all ru3??sli, earth, and ta.m}qedtrtnl i.4 t gtPee upon the completion of the ivn_os w,em2at or the repaIA4 Rb?#_itf, Wore work of ma.kirg siteh �mpr��rr►et►t shall bi cottvnie�ed s►et �� to -� lniftts of thtj 4 t et'f ,l• e the-e....... ..- .. ............ -.sines .�...s. a.a � .,.,day of .ca<a� unless the time for the comp -toe t4t4en404 tit W04---t by the �os�� e ' ��jt� W44 And it is agreed that any surh rxten,yion of 0nt, or 4"v nittt,000n of thty c; fplket or of the maltt3er of meth. od of doing such word shall in no way affect the dutiej, dbligstirit=s or 116111tiea of the cottiraetut or his sure$ ties. It is agreed that the contractor shall not a:ssigtl this '-Y uHKk, dr bub-let #ht wont at any Part thereat to be done hereunder, withti+f the written cd d_tit of thp.l; -rd Li Public ittorles, It Is further agreed and stipntla}ed t!a..t ftj! con+ractor ihall give to realdents of said cif and comitypre:fer@nce in the employment of all labor nnec�ssary in the performa:ttce of flits contract, anti fn�nif to flit gn, shall forfeit- to the city the sum of ten dollars for each fsiltjre to observe this stlpuiation, . And upon the performance of all the ternts and conditions of this contract, and things to be doffs And pperfot n:} d by said contractor the maid city agrees to cause ttts cost bf doing such work to be assessed, eel= iccted 4tpaid to said contractor In the manner fixed by_ the _tltstutd Ovarri t'lg, the inaking of such Improves sac�tt, To each of the oonditions and Wpulations of this acotract, mat &ft and siagular the proWslonunnd terms of the plant, profile, specific bons and.reeolopfon sforisa#da iodcalined blub h1mooil or itself and the r4b*pective successor or assig!,s- of such. -parties. In Testimo ny Whereofi, Wel the foresdii*g named parties, hereunto set our hanis. this 6th. day .of i)ecerntaei 1922. CITY 8F SOUTH BEND, INDIANA.: MARRY No, BARNS, Contractor 59� Wednesday December 6th,9 1922 Continued, Al #�* �.�e&::Mts.'•hatve........I.�.:..�...$$'.xt�,�..... .................e.. x.� �_., ._ .. o /� .�..., State of ...............��_ ns ,t <. ' pr�, .0. S.slty -(y�888BAAA8Ae ,A,. �.••�'•�•�••• ««.xe.w•�.4•x. Jamee�BByT�-__... ..........CE ,....� $...A....L�.i�t .».. .,.,.,:_, N—,,.�...........aa.«.L..,«x«x„ ......, .s.A.�yAaBBs e c y` +eta„t..... e.. ..... J�o mph--•-w-.._.._-.—..-......and State of.................1t � .,.. . ow. btlrsttab, Bra held and ArmLv bound to the -City of South Bend, Indiana, in the MM of,,-,,,,.� .® ..... � yv 0 t of {iVblebi well anX truly to be made, we join ly and eeverw lj► l� d oureivcs, ey.aa tot'A, Onies rulon'.and assigns, firmly by these -presents, c ho conditions of the obligation are such that if the. above named, .»...» 1—ay W4 thF4K.A9 fiRRR 14 s .: xf. ii 1. �A- D�LJ :.... .. »i fi#ada m4 erltgr0d iutn the.... ... „ si fih' c3 G7st car t sl ptlla fie............ �€S 1 �i+'1 OR City, Qi $auth 13���' tr�diana and shall f rp. �s tl_ r, tb, ,: obligation tQ bg vai , gt extnrtst aE�fd}# t® the to tn�at F i rme �a. rg th eof, ,11E tea *he s C shall eter�d the n .f�lU.ftax.ati_z�,vir*L:e it, �v. i� er Y to he # A . h s � _ rele� t�se uretie$ i=fil§ ton4. @it1At1 �..WArskj.zte..saon shall i.at z �,#z ' n8t b$ heir t'al�0r+eil a f� the a construction' Fond, and the s �' the sarn{ by eond art but su reties �010,0 l���0 d'feoalf df't'h' lrtiIxover Pn* � fer it 1�' �h �y'n tier acce��d ;ovs, 'stipulation s and rec�Airements § 411 to told toometlsl� fav the fait`-ful comml=ar�cc x s , s.... e 1 this....:...,. .l b _ = is De l?i Srr...1922 Harry N. Barnes ------------- er ........ro«� ,_ �._._ ( d,� 0e a emte r- 3. 22A. 3 v� The above bond approved Ehis____a.......�a��e..•..�.- - 9 Board of Public 1'VorVA, AFFIDAVITS FOR PERSONX, SURETIES. STATE OF INDIANA ST. JOSEPH COUNTY } SS I, James I. Barnes, swear that, I own real estate in St, Joseph. County, State of Indiana, of which I am possessed: in fee simple of the value of Four Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I believe , so help me God. JAAMES I. BARNES Subscribed and sworn to before me, the undersigned Notary Public this 6th. day of December 1922. Witness my hand and official seal, NotAry-Public My Commission expires July 20,1026. STATE OF INDIANA, } ST. JOSEPH COUNTY } SS I. Joe A. Luther, swear that I own redl estate in St. Josepbt County, State of Indiana, of which I. am possessed in fee simple of the value of $100000 Dollars over and above my indebtedness and the exemption allowed me by law,_Ias I believe, so help me God. JOE A. LUTHER '59`5 Wedn�sdQy_ Dec -ember 6th., 1922. Continued. Thefollowing claims were approved. Golden Compass Company 3.05 H. L. Loehr Dee. Co. 2.75 Gaf ill- Oil Co. 2;00 The Herr & Herr Co. .go Bunch Sign Co. 2.50 O'Brien Varnish Ca. 34.05 Avenxe shoeing Shop 44.00 BunchaSign Co. 7.50 fi.- L. Loehe Dec. Co. 3.25 > ae nn 2.30 > John B. Haberle 10.33 Gafill Oil Co.. 197.03 F. C. Reimold Co. 16..59 John Beyrer Sons Roofing Co.' 4.50 The So. Bend Coal &Wood Co. 11.50 Thomas Rubber Co. 10.00 M. Kamewski 5.25 Gafill. Oil Co. 23.08 National Heating Co. 51.00 So. Bend Chilled Plow Works 8.00 J. E. McEndarfer 22,50 0 Attest:.» > Clerk of the Board . Pre dent,