HomeMy WebLinkAbout03/07/1923 Board of Public Works Minutes734
Board met in regular session at 7:15 P.M. All members present.
Deferred hearing hod on resolution for the Openin and Widening
of alley in Du.nbar's Sub.'Div. of Bank Out Lots 31 and 32 from Washington Avenue
to Colfax Avenue, as described on Condemnation Resolution No,70 recorded on page
of this record.
In the above matter interested preper$y oanere appeared but no
further written remonstraneefiled . The Board after hearing all interested partie
present modified said resolution by condemning only an eight (81.0) foot t
foot alley off the west side of Lot 2 Dabbar'a SO. Div. and therefore declare
the above described property in'all things, condemned and.appropriated for public
use and.this resolution in all things, ratified, confirmed and approved, as
modified.
The Board further ordered that the City .Engineer be instructed ;
to prepare a roll of all owners or holders of property and of valuable interests
therein sought to be taken or to be injur ously affected which list or roll shall
also describe the property beneficially affected and show the awards 8f damages
and assessments of benefits in the above matter.
E
Hearing given on roll of awards of damages an assessments of
benefits for the Widening of Sorin Street at Not a Dame Avenue as recorded in
Condemnation Resolution No. 67 on Page of this record.
In the above matter remonstraters'appeared and written rezmon
strance was filed by interested parties objeet1.ng to'the amoun- of damages and
benefits allowed, The Beard :tkKxK after hearing all parties interested, therefore
find that the property mentioned in said roll are benefited'' and damaged
respectively as shown as said roll filed and said roll is hereby
in all things, ratified, confirmed and approved and all action under Condemnation
Resolution No. 67. is hereby coaeluded
Copy of roll.
735
735
On account of large number of interested parties -in the Vacation
Resolution hearing an Vacation of Streets and alleys in Raff's 1st. and Oliver's
lat. Addition the Board ,.R? � ,- W tf�ag i the City Council Chambers, Cfty Hall
Hearing given in Vacation Resolution No. 72 adapted -�Februagy
6th., 1923 for the Vacation of:`The alley running north and south between Dots
6 & 7 in Raff's First Addition to the City of South Bend, on the East and Lots
5 and 8 Raff's First Addition to the City of South Bend on the west.
-2 -The first alley north of Leon Court , beginning at the East
line of Kendall Street and extending to the first, -ley running south, from said alir
aley to be vacated.
3. The alley running.north and south between Kendall Street
on the east and Chapin Street and -Prairie Avenue on the west beginning at a point
36 feet north of the north line 'of the east and west alley between Leon. Court
and Stull Street and extending north to where said alley connects with -Kendall
Street. ..
4. The alley running north and south between Chapin Street on
the East and Catalpa And Prairie Avenues an the West, bginning at a point 36 feet
n®rih of the north line of the east and west alley which lies between Leon Court
and Stull Street extending north to a point where said alley intersects ChaiAn
Street.
. 5. Leon Court from the east line of Kendall Street eastward to
to the first north, and south, alley.
6. Kendall Street frm a point 36 feet north of the north line
of the East and west alley lying between Leon Court and Stull Street to the
north and of Kendall Street,
7. Chapin Street from a point, 36 feed, north of the North line
of the East and west alley lying between Leon Court and Stull Street north t
Prairie Avemie.
8. Catalpa Avenue from a print 36 feet north of the north line
of the east and west alley lying between Leon Court and Stull Street north to
Prairie Avenue.
9. The alley north of lot No. 1. Oliver's Firs, Addition,
extending from Prairie to Kendall Street.
10. Stull Street from the east line of Catalpa Avenue to the
west line of Kendall Street.
11. Garst Street from the east line of Chapin Street to the
West line of Kendall Street, all as recorded on page 667 this 19th. record of the
Board in the City Hall, South Bend, Indiana.
In the above matter Attorneys A. Hamborsky, A. E: Martin,
and Samuel Schwartz appeared representing the interested parties objecting to
said vacation proceedings and a wtitten remonstrance was filed . Attorney
E. Strickland, Wm. Austin, Dr. C. A. Lippincott and A. B.-Thielesa representing
the Studebaker Corporation the petitioners were presestq also al- large- .number&:
of .remonstrators present. The Board after hearing all interestdd parties from
both petitioners and remonstrators decided to defer this hearing until Wednesday
March 14th., 1923 at 7:15 P.M.
Copy of Wfitten remonstrance filed.
X1M.9NSTRAN GE.
South Bend, Indiana. March 7,1923.
To the Honorable Bea ddodf Public Forks,
of the City of South Bend, Indiana.
Gentlemen: -
We, the undersigned remonstrators represent that we are owners of real
estate in our name abutting upon the streets and alleys numbered One to Eleven
inclusive in a petition filed with the Board of Public Works of the City of South
Bend, Indian by the Studebaker Corporation of the City of South Bend, Indiana, and
numbered One to Eleven inclusive in vacation. Resolution numbered 72 adopted Februir
691923, by the Board of Public Works of the City of South Bend, Indiana, notices
of publications for the hearing on aaid resolution were published February 7, and
February 14,1923, which streets and alleys and parts thereof proposed to be vacatd
are located in Oliver's First.Addition and Raffs First Addition to the City of
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Wednesday Marsh 7th., 1923. Continued.
South Bend, Indiana, and are interested and affected directly and indirectly as residen6a
in vicinity of said proposed
vacated streets.$nd alloys and we remonstrate against the
adoption of ss�id resolution
Numbered 72 for the.vacation of said streets and alleys
set our -in said petition and in said resolution for the following reasons, to-wit:-
1.. That said
vacation is for the private and net a public purpose and said
Board of Public Works has no
jurisdiction to adopt or°confirm such resolution and vacate
said streets and alleys for
private purposes.
2 That the
Board of Public Works has no jurisidction to consider said
petition,to vacate said streets
as Section 8910 of Burns Revised Statutes of 1914
provides that the persons interested
in a petition to vacate a'street are oblige# -
to file such petition with -the
Circuit Court in the County -which such streets are'situate,
3. Because
said streets and alleys , so sought' to -be vacated "are necessarW
to the Vity which the.same
are located,
4.' That the
proposed vacation of said'streets and alleys will leave
the real estate of theremonstrants
within such City, without ingress or egress by
means of the public way or
streets,
5. That such
vacation will cut off the public's access to the Churches
Schools, Public buildings,
pbbl'ic grounds and the City Generally.
6, i That the
vaea$ion of said streets'axnd.alley_s •will inerrease the
fire hazard and also insurance
rates.
7, That said
streets and alleys are established public thoroughfares
and have been such for many
years,Yandare of.great public utility.
WHEREFORE, the undersigned remonst,ralers separately and severally
respectfully pray that said
Board rescind the resolution heretofore adopted,and known
as Resolution Numbered.72,
W1adylaus Wejcieehowski
1316 S.'Chapin St. Mike Prosz 1405 S. Chapin
Peter Szabo
1310 S. Chapin St. Mestheria Skarick1401 S. Kednall
Julia Boinska
1308 So. Chapin St Thersia Fodor 1413 So.Keridall
Wecleryar Pessgau
1302 S. Chapin St. Emrika Desit,s 1513 S. Kell j
Alex Nyikes
1301 No. Chapin St.' Louis Pinter 1516 S.Kendall
Mike Andert
1303 So. Chapin St. John Teemndle 1521 S. Kendall
Wilhel m Laskowski
1404 So. Chapin.St. - Pabli Forseld 1527 S.Kendall
-Mat Srekoda
1406 S. Chapin St. Mathews Sentseh1505-09 Kendall
Joseph Sipoez.
1408 S. Chapin St. Toth Lander 1528 So. Kendall'
Louis Kertisz
14MO So. Chapin St. Irma Tekai-. 1522 So. Kendall
Antoine Starzynski
1405 S. Chapin St, Peter Jagadies 1514 So. Kendall`
Mike Zakose
1999 S. Chapin St. Mr& Mrs Geagge
Jahn Tarim
1502.S, Chapin St, Gryicki 1510 So. Kendall
Stephan Muranik
1810 S. Chapin St. Henry Jaras 15104.Kendali
Karoly Cyamathy
1514 S. Chapin St. Mike Hipsaik 1518 So. Kendall
Mae Szparbinski
1520 S. Chapin St. Mathilda Nelsen 1313 Kendall
Frank Simon
1526 S. Chapin St. Alexander Kovoicsis 1303 Kendall:
A. Baker
1518 Se. Chapin St. Mary Tsehida 13m1 S. Kendall
Hans Balogh
1531 So. Chapin St. John Grazol 1317 So., Kendall S
Mr, Gust Rosander
1525 So. Chapin St.
John Krautsock
1521 S. Chapin St.
Mrs. Charles Ohlund
1311 S. Chapin St.
Frank Dombrowski
1307 S. Chapin St.
Emry Koros
1501 S. Chapin St' FILED
S. Brylewski
1505 S. Chapin St. MAR, 791923.
Leo Hafner
1509 S. Chapin St. BOARD OF PUBLIC WORKS_l
Charles Bella
1513 S. Chapin St,
Anton. Tapslaai
1514 S. Chapin Street By
Menthen Knzmish
745 W. Indiana Ave. President.
M. Przydiznkowski
1407 Chapin St.
Irma Szabo
1345-1317-1319 Chapin St.
John Greezol
1403 Chapin St.
Lois,Knidson
1306 Chapin St.
Andrew Hagquist
905 S. Chapin S1,.
Lee Deka
912 S. Chapin St..
B. N. Orlein
911 So. Chapin St.
Mike Zsedely
917 So, Chapin St.
Peter Cyiser
- 1013 Chapin St.
Michael S. Strantz
913 Chapin St.
Andrew Kescie
a 909 Prairie Ave.
Mrs. A, Stranehberg
907 Prairie Ave'.
John Tsahida
921 Chapin St.
Aug. YOURgquilt
901 S. Chapin St.
Gee go Keleszoir,
1305 S. Kendall St.
Rozalia Peczesny
1314 South Chapin St.
Also Baker
725 W. Indiana Ave.
John Horvath
1502 S.-Kendall St.
Louit Sepetz
1307 S. Kendall St.
ass
VZI
tinued.
Copy of communication filed by the Yerthern Indiana Gas Co.
South Bead, Indiana. March 7,1923.
Board .of Public Works,
City of South Bend, Indiana,
Gentlemen:.. a t
The following statement represents the property value of the Northern
Indiana!Gas & Electric Company involved in the abandonment of certain streets
beeause of the proposed Studebaker Foundry buildings, as outlined to u• on the
City Engineer's " Plat of Assessment, District - Vacation & Opening streets &
Alleys J. D. Oliver's 1st. Add. & Raff's lst. Add. - 1-31-23 ," Th.is property
consists of gas mains and service laterals, and represents an investment loss as
follows
S. Kendall Street, North of #1237 to #1005
640' - 4" W..I. Main @ $1.00 per ft. $640.00
450' - 4" C. I. Main @ $1.20 540.00
Leon Court, East of S. Kendall Street.
139' - 4" Co I. Main ® $1.20 per ft. $166.90
So. Chapin St. South of South curb line
of Prairie Avenue.
350' - 4" W. I. Main @ $1.00 per ft. $350.00
Ailey East of Prairie Avenue, west'of S.,
Chapin Street.
260' -2" Galv. Main @ .60 per ft. $156.60
Dwellings that were connected forth use
of gas and have been abandoned
47 services @ $22.50 each $1057.50.
Total cost of damages. "10.30
If it is necessary for use to install a new supply line tocertain
properties in the 1100 block Prairie Ave., which the Studebaker Corporation have
- not secured, the excess cost of this supply line over the east, of the present
supply; will be approximately $50.80
It has been necessary for this,Company to proceed, with the"
abandonment of service laterals in advance of these vacation proceedings, because
of tke moving of houses from thepiat, but this work has been done with the
assumption that the proper reimbursement will -be made by the Studebaker
Corporation.
We also stand ready to abandon the street mains, upon proper
no tifieatioa, an as seen as reimbursement has been arranged for.
Yours very truly,
G. M. JOHNSON
WEN: GC
Manager.
FILEDV
Mar. 74923
BOARD OF PUBLIC WORKS
BY
President.
Communication received From Paul a. Heirman Clerk of the
Safety Board in regard to extension of telephne from Main 325 to Probation
officers office. This conmmnieatlon read and placed on file and Mr. Honer to
see about the placing of extension.
Communication received from Ralph J. Keltner requesting
two lights in front of Naterium on W. Wash. Ave. Same read and placed on file.
Petition filed for pavement n E. Sorin Street front
St. Louis Blvd. to Notre Dame Avenge. Sane read and placed on file and Resolution.
ordered.
Petition filecV for grade, -curb and walk on Caroline Street
at 384 feet east of Randolph. Street-. resolution ordered.
Petition filed by property owners for change of material
to be added to speeifieation far. improVement. of Marquette and Wakewa Avenues
between Lafayette and Irequoi s Street and Lafayette between Marquette Street.
and Wakewa Avenue to include asphalt macadam,. Same approved and referred to the
City Engineer, to include in spegifications.+
Wednesday March
i
i
•s 1923. Continued.
I
1
k.,
WAIVER.
TO THE BOARD OF PUBLIC WORKS '
SOUTH BEND; ,INDIANA. 4
WHEREAS, the Board of Public._" Works of the City of South Bend, Indiana, did' on
the - t h.day of Mtn reta .. 1925 i 92 . , adopt a prelimnary resolution foi the
TIreYeeA'1� of Emrig Awe . frga ltislti i rsRi f s t�1 vriw St,•p� a
t
Under ImprovementResolution No, in the City of South Bend, Indiana by, construction of a sewer, also the
construction of the necessary manholes and inlets, storm water inlets, conduits and re.ettirg all manholes acd inlets
to the propergrade, all as shown on the -plans and in accordance with the profiles, detail dra-Aings and specifications
on file in the office of the Department of Public Works.
AND WHEREAS, we, the undersigned are the only persons owing prcperty on the said
street to be improved, and that we are alone affected in anyway by said proposed improvements. That we are the
sale o,wner3 of the separate parcels of land borderingupon said street proposed to be improved.
P P P I
THEREFORE, in consideration that said Board of Public Works proceed to improve said
Ewliag Avenue
as . proposed in said resolution, and for the further purpose of saving time and expense, we the undersigned, do hereby
waive all objections on and in defense to any defect in said proceedings, and to any violation in procedure for the con-
struction of sewers as fixed by Section 8722 of Burn's Revised Statutes of 1914. We further waive any right to
Object to the farm of said resolution. We further waive any and all objections to the fact that no advertisement for ,
hearing was published as required by law, and that no noticeswere mailed tc the cwrers of Froperty and that no f.ei- _
ring was held by said Board.
We also consent that said Board shall proceed to let the contract for doing said work'in the
following manner:
That they shall notify by mail responsible contractors in the City of South Bend, Indiana of
said work to be done under said resolution, and that they shall receive bids from said contractors for doing of said work
i
and they shall let the contract for the d.aing of the slid work to t're lowest responsible bidder. And we waive any
objection to the action of said Board in letting said contract in a form and manner other than provided by law.
And we further consent that the cost of doing said work shall be assessed, against the .different
parcels of real estate owned by us as provided by Sections 8722, 8724, 8725, 8726, 8727, 8728, and all acts and
laws amendatory thereof or supplemental thereto.
And we further agree that notice given us by mail shall by sufficient notice of the heanrg uFon
the assessment made for said improvement.
Given under our hands on the day and year first above mentioned.
Whitsomb & Pller C1taa E. Arnold
G. C. Bealitt Wa. R. Henry Homer 1. Robinson
-Vernon -C,r-Hastimgs Walter S. Eekler Aug. Hibray
Clyde H. Boyle Del C. Leer
City Engineer vebmitted tabluations on bids received Tuesday march
6th., 1923 and the following 'eontracts were awarded.
Pipe sewer on Francis Street awarded to Gust. F. Santry Co.
of Chicago, Ill. at 1,129.80
Pipe sewer on Scott St. from Ind. & Calvert St awarded to
Gust. F. Santry Co. of Chicago, IL1 at....-$4,768.80
Pipe sewer on Columbia Street awarded to Gust F. Santry Ce.
of Chicago, Ill.1 t....$538.00
Pipe sewer an Bertrand Street awarded to Gust. F. Santry Ce.
of Chicago, ill, and Gust F. Santry Co. at... 4,919.49
Pipe sewer on Fellows Street awarded to Staples & Ackerman
at $1,317620
Pipe sewer on Campau Street awarded to Harry Pontarelli at
Pipe sewer on Scott St. from Ind. Ave. to T. H. ' L. P. Ry.
awarded to Harry Pontarelli.
Attested: -
Clerk of the Board.