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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 SQu�h- mmmmmq .4-T.'. 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.