HomeMy WebLinkAbout01/09/1923 Board of Public Works Minutes77,
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Board met ;in rogixlar, session at 9:00 A.M. All members present.
Wa. Butler -of the Independent, -Tank Line Co. and Shaw and Swllivan
appeared before the Board in regard to excavation made at the cornerof Main Street and
Monroe Street for the placing of a gasline .stowage Lank. The Board instructed
parties to relay sewer broken and repave street where pavement was removed.
relaying of the sewer to be inspected by too City Engineer before the Contractor covers
same*
Thd Board instructed to Clerk to have notice served on M. S.
Fisher to remove obstructions he has on City property in front of his store at
920-923 /sSouth Michigan Street at the N; E. cornerof Michi �n Street,a�Id Ohio Street.
Said obstruction to be removed withi Thirty (30) days.
Atty. Frank Gilmer appeared Pefore the Board in regard to
the opening of an alley in Frantz Addition, anq equested the Board to hold up the
adoption of &,resolution as agreement is to be made by parties interested for a turn
at closed end of present alley. Resolution presented by the City Engineer for the
opening of above mentioned alley was placed on file and held up for adoption pending
the filing of proposed agreement.
Frank J. Murray appeared before the Board in the interest of the
American Le ion to see whether thi -William Street would be opened thru from Colfax Ave,
as Arloandvgsed thation vjas iite�vasted oneiofthe thepprop proposed plans®t an of theCityPlanning
�dr. . Murray was
commission to have William Street opened up soon.
Inspector made the fallowing report on petition for lights on
intersection of Vassar Avenue and Brookfield Street.
L beg. - to recommend the removal of
lights from the corner of Adams and California Ave. to the corner of Vassar Avenue and
Adams Street. From the eornerof College Street and Vassar Avenue to the corner of
California Avenue anal College Street, L00 C. P. light from i,he `cor. of Vassar
Ave. and. Johnson Street.to first alley south of Vassar on Johnson. Place an are light
at the corner of Vassar Ave and Brookfield Street. Place and Arc light at the corn.
of College Street and Humoldt more will follow. Thos H. Beaningy Report approved.
The fallowing communication received from City Attorney read and
placed on file. _
January 691923
Clerk of the Board of Worksv. i
City Hall,
South Bend, Ind.
Dear Madam:-
I have examined the attached form as requested by you and find that it is
net sufficient to comply with the Statute pretaining to construction of trunk sewers.
You will note in Section 117 of Thornton on Cities and Towns, the same being Section.
9W Burns Rev. St.v the following language:
"If the board shall decide after such hearing that the area of district to
be drained is properly bounded, that the special benefits to the property within such
district or areas and the benefits, if any, to the said City will be equal to the
estimated cost of'the'improvement as aforesaid, such findings shall be.entered of
record, and shall be final and conalu_sive on all parties, and the save resolution shall
be confirmed or modified."
Consequently this form is insufficientbecause it does not define the
boundariessf the district to be drdinedv nor does it find an$thing With respect to
benefi-ts to -the City. `!In the case of Edwards Vs. Coopers 168 Ind. Page 54, it was
held that these ( ding must be made in writing and entered in the record in order to
igive the Board jurisdiction to make such assessements. This case has been cited many
times, has never been over -ruled and muss, be taken as the law pretaining to -this
question. I am not advised.:in what wonnectionthe question has arisen in your.Depart-
ment but if the'Board so desires, I will prepare what.I believe will ,be a sufficient
-and proper form of resolution for trunk sewers.,
Respectfully submitted,
FILED LEWIS W. HAMMOND
JAN. 9.1923. City Attorney.
BOARD OF PUBLIC WORKS
BY L. B. SLAUGHTER
City Atty. to be asked to produce
a correct form.
Financial report of the Building Department for the month of
December 1922 was filed with the Beard.
-777
Viellav 19?3_ Continued.
Communication.' received' from E. T. Bands in -regard to notice
to remove guy wire'and pole at entrance to garage at 1710 South Michigan Street
stating that this was taken. °care of. Same filed.
The following resolutions were adopted by the Beard.
LOCAL SEWER IMPROVEMENT RESOLUTION N00 1088.
' Resolved by the Board of Public Werks'of the City of.South Bend,
_County of St. Joseph, St,at,e . of Indiana, That the construction of a local .sewer,
intended and adapted , only for i)ocal use iiy the property holders_ who se prop erty
abuts thereon, and not intended or adapted for receiving sewerag a from collateral
drains, be and the same is hereby ordered in and along Calvert, Street from, Miami.
Street to Leer Street as follows, topwt,:- '
Beginning at the intersection of the center line of Miami Street and
Calvert Street; thence east along the center line of dalvert Street to the center
line 'of Marine Street with `a twelve (12) inch..vi,trified `pipe sewer; thence still
east along the center line of Calvert Street to a paint 100 feet west of the
west line of Leer Street with a ten (10) inch vitrified p1pe sewer,_t.ogether with
the necessary manhles_, 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 tthe plans, profiles, detail drawings and specifications
on file in the Office of the Department of Public Works of the City of South Bend,
Inddana.
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and said sewer, with all its appur•enances shall be constructed in accordance With ,tile, profile and speelficatiouG
rosa on file in the office of the I)epartmEat of Public Works of said City. The cost of Said implovement shall
bo apportioned against and paid by the proserty holders whose property abuts, thereon, and upon file City o1
South. Bend if the City is benefited by said improvement, all according. to -the method and manner provided for
lu Act of the General Assembly of the Stayte. of Indiana, entit.ed "An.Act Concerning Municipal CorporaatioDs'"
tapproved Ma.rcb 6. 1905. Assessments, if deferred, are to be paid n ten equal annual installments, with in-
t{irest at the rate of Six per cent per annum. A bond or bonds shall be issued to the contractor in payment, for
such work, unless the p_onerty owners Ply said assess cents before said bo-id or bonds are issued. Under no
circu stances shall the City of South Bend be or be Aeld r;:aponsitle for any sum or sum$ due from Bald prop -
arty o"er or 8wners for sa*d work, or-fo*- the collection of same, or for the Payment or any bond "or "11do,
certificate, or certificates, issued to s^.id contractor in pivment frr such work, except for $uab Ynoneys as ball.
hmve been tually received by the City f-�om the asLe rents for such improvement, or such fnuadys an old
a City is by Sai Pblue entitled Act required to pAy. All nroe2adjugs had, and work done in the tn;=ukftw of solid
fuzprovement, a sessment of f prorerty, collections of asE_ss Picots and issuance of bonds thaveft,r, nhall bo as
1_ provided for in said above a a.tled Act♦
p�o tiee at this resolution shall be p bllished on the _--�2VII-. ------ day of . -January .1,923 -aaud on O d
;it�tit .day of ---------- +1aAtlal'ij%-- 7� shf - ---- in the South € cad ]UkeaN"r: ° s ft�➢er d will glyb a
�,y
rias off tb o resolution at. its dice in the City Ball on thcl---------
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L. B. SLAUGHTER
BOARD OF PUBLIC WORKS L. P. HARDY
Veronica C. Sweeney ALBERT F- HONER
Attested-:- Clerk of .Board.
3
COPY OF CONDEMNATION RESOLUTION NO. 7091�123.'
Resolved by the Beard of Public Works of the City of South Bend
Indiana:: That, the followingdescribed ro ert be a
said City
p p y appropriated For the use of
OPENING OF AN ALLEY IN DUNBAR'S SUBDIVISION OF BANK OUT LOTS 31 and
32. '
A strip of land off the west side of lot No. 2 in Dubbar's Sub -Division
of Bank Out Lots,.number 31 and 329 bounded by a line running as.,follows, viz:
Beginning at the southwest corner of said lot 2 and running thence east twelve
(12) feet; thence north parallel with the west, line of said lot one hundred eighty
three (183) feet; 1Ahence north east to a point in the north line of said _lot
sixteen (16) fe'et east of the northwest corner -thereof; thence west, sixteen 116)
feet to the north west corner of said lot 29 thence south one hundred ninety eight
(198) feet, to the place of beginning,.
AL$0: A strip of land off the east sideof lot, 11 in said Sub -division,
bounded by a line running.as follows$ vie;$ Beginning at the southeast corner of
lot 119 in said Dunbar's Sub -Division; and running thence nort# on the.east line
.thereof ene hundred ninety eight (198) feet to the northeast corner of said lot;
thence west on the north line of said lot four (4) feet; thence south parallel;;
with the east line of said lot one hundred eighty three (183) feet,; thence .south
westerly to a point in south line of said hot eight (8) feel, west of beginning;
thence east eight (8) feet to the place of beginning.
Tuesday januaryt9th., 1923. Continued,
The following 09scribed property may be injurously or beneficially
affected by such appropriation:- Beginning at the intersection of the ' south line of Oak
Street and west line of lot 3Puerbringer's ist. akkag addition; thence south along the
west line of &did lot 3 'to the l6t. alley sout of Oak Street•i thence west along said
alley south of Oak Street to the �nest line of lot 42-in Cobb s Sub Division or Bank south along the.west line of said lots 42,63,.and 72 in said Sub -
Div.
Out lot 30, thence
and said west line extended to the south line of Colfax Avenue; thence east along south
line of Colfax Avenue to the first alley east of La,Porte Ave* thence south along said
alley to the frist.allOY sOuth,of Colfax Avenue; thence west alongisaid alley to La Porte
Avenue; thence south easterly along La Porte Avenue to the north line of Washington
Avenue; thence west along the worth line of Washington Avenue to t west line of Bank
Out lot 37 extended north; thence south along the�west line of saiglot 37 to the south
line of 'said lot 37; thence east along the south line of said lot 37 to the oast line Of
lot 29 Thomas Sub -Division of Bank out' -lot 74; thence south alone east line of said lot
,
29 . to the north line Of Jefferson Street; thence east along the north ' line of Jefferson
St, to the west line of lot 7 Borst Sub -Division of Bank Out 73, thenc'e north along
west line of said lot-7,16henee west along the north line of lot 8 in said Borst's.
Sub. Div. to the vast line of Bank Out Lot 39t I thence north along.east lire of B. Q.
Lot 39 and saidline extended to the north line of Washington Avenue; thence west along
the north line of Washington Avenue, to oast'line of lot 2 in Witherill's Sub -Div. of B.
0. Lot 329 thence north along the east line of lots,2 and 6 in said Sub -Division to the
th line of Polfax, Avenue to the
north line of Colfax Avenue; thence west along the nor
east line of lot 19 in-Keefer's Sub -Div. of B. 0. Lots 29 and 30# thence north along
the east line of 1ots.19 and 12 in said Keffer's Sub -Division to the south lineof
La Salle Avenue; thence west along the south line of La'Salle Avenue to the center line
of Cushing I `thence north along the center line of Cushing Street to thefirst
alley north of La . Salle Avenue; thence west along the first alley youth of La Salle
Avenue to the first alley west of Cushing Street; thence north along the first alley west
of Cushing Street4tothe south line, of Oak Street; thence west, along the south line
Oak Street to the east line of Cottage Grove Avenue; thence southalongthe east line
of Cottage Grove Avenue to the,south line*of Oak Street extended east; thanes west t 1 0.
the place of beginning.
The purpose of such appropriatian,is the Opening of an alley
in Dunbar's Sub-Divi's..on of Bank out Lots 31 and 32 from Washington Avenue to Colfax
Avenue.
Notice of this resolution shall be published on the 12th, day of
Jan. 1923 and on the 19th. day of Jan. 1923 in the South Bend ;'Daily Tribune and,
News Times,,
This Board, at its office in the City Hall on the 7th. day of.
Feb.1922 at 7:15 P.M. will hear and receive remonstrances from all persons interested
in or affected ty these proceedings. 1.
Adopted this 9th. day of January 1923.
'L. B. SLAUGHTER
BOARD OF PUBLIC WORKS L• P. HARDY
ZBERT F. HONER
Attested: -
Veronica C. Sweeney
Clerk of the Board.
Board., granted Harold Smith asst. Cam missioner of -Building
permission to use hist auto in 1popection work and allowed the sum of $2,00 per day
for same from January lst.j, 19230
A list of Indiana Bell Telephone Company poles OcAupied by
City wiresonlywas submitted to the Board with recommendations by T. H. Beaning
Inspector read and approved.
Attest:-
lp
Clerk -of Bdardd' .
-A