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HomeMy WebLinkAbout03/14/1923 Board of Public Works MinutesWednesday March 14th., 1923. ab sent. Board met in regular session at 7:15 P.M. Mr. L. P. Hardy This being the date set for the deferred hearing on Vacation Resolution No. 72 for the Vacation of streets and alleys in"oliver's and Ra ff's' 1st, Addition to the City of South Bend, Indiana as follows 1. The alley running north and south between lots Nos, 6 and 7 in Raff's First Addition to the City of South Bnad 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 alley running south from said` alley to be tacated. -- - - -Thc -alley .running north and` south between Kendall Street. can 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 theeast and Catalpa and Prairie Avenues on the west, beginning at a point 36 feet north of the north line of the east and west alley which lies between Leon Court and Stull Street and extending north to a pdint where said alley intersects Chapin Street, 5. Leon Court from the east line of Kendall Street eastward ao the first north and south alley. 6. Kendall Street from a point 36 feet north of the north line of the east and west alley lying between Leon Court and Stub Street to the north end of Kendall Street. {" 7. Chapin Street from a point 36 feet north of the north line' of the east and west alley lying between Leon Court and Stull Street north to Prairie Avenue. 8. Catalpa Avenue from a point 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 First 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 per vacation resolution No. 72. In the above matter Attorneys Samuel Sehwartz, A. E. Martin, and A. Hainborsky representing remonstrators appeared also a munber of property owners. The Board advised parties present that this hearing would be deferred until Friday March 16th., 1923 at 7:30 P.M. Rev. Fr. Hammes of St. Matthews Church on Miami Street, Councilman Geo. Gall and Trustees of said Church and interested parties from vicinity appeared in regkrd to petition filed Feburary 7th., 1923 for the Vacatin on alleys in Oak Park 2nd. Addition. The Board after hearing all interested parties decided that if a deed was given for ten feet for the widening of Miami Street on the west side the east and west alley from Miami Street to the 2nd. alley 1101iQ would be vacated. Clerk of Board instru cted to send letters to Printers to submit bid for the printing of the annual report of 1922 and to have same submitted Tuesday March 20th., 1923 at 10:00 A.M. Size and style as report of 1919 No. copies, 5010 and 1000 Price per page on type matter. Price on tabluated matter. Board granted permission to the City Engineer to increase Martin Brennan's Salary in hid department to $4.75 per day. City Engineer submitted ibabluations on bids submitted Tuesday Mareh.13th., 1923 and the following preliminary orders were made for type of pavement. -Concerning the improvement o the roadway of Fassnacht.Avenue { from Walnut Street to Johnson Street in the City of South Bend,, Indiana,;with asphit, asphaltic concrete, brick bitulithic, in pursuance to Resolution'No. 1032 this tieing the day set for the making of the preliminary order desinating the kind of pavement, the,Board at 10:00 A.M. Tuesday March 13,1923 publicly opened, read andtcosnddered all bids, and then continued their meeting to Wednesday March 14th., 1923 it 7:15 P.M. Now on last named date the Board designated asphaltic eonerete as the kind of pavement with which said street, is.to'be improved with and fixes the 26tb day of March 1923 at 10:00 A.U. as the time when petitionmaa for c hanging the kind of pavement must be filed, and the Board hereby continues this matter until the 27th. day of March 1923 at 10:00 A.M. On the day above named the Board will eitherpass on petitions let said contract or reject all bids. L. B. SLAUGHTER ALBERT F. HONER BOARD OF PUBLIC WORKS ' Attested: Veronica C. Sweeney Clerk of the Board. Dated this 141h., day of March 1923. Concerning the improvement of the roadway of Poland Street from Webster Street to Walnut Street in the City of South Bend, Indiana, with asphalt, asphaltic concrete, bitulithie, brick in pursuance to Resolution No. 1030 this being the day set for the making of the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Tuesday March 13,1923 publicly opened read and considered all bids, and then continued their meeting to Wednesday March 1491923 at 7:15 P.M. Now on last named date the Board designated As phaitie concrete as the kind of pavement with which said street is to be improved and fixes the 26th. day of March 1923 at 10:00-A.M. as the time when petitions for changing the kind of pavement must be filed3 and the Board hereby continues this matter until the 27th. day of March 1923 at 10:00 A.M. on the day above named the Board will either pass on petitions let said contract or reject all bids. - L. B: SLAUGHTER BO P.RD OF PUBLIC WORKS. ALBERT F. HONER Attested: - Veronica C. Sweeney Clerk of the Bpard,. Dated this 14th., day of Mar. 1923. Concerning' the improvement of the roadway of Leer Street from Calvert Street to Ewing Avenue in the City of South Bend,'Indiana, wity asphalt, asphaltic concret#, bitulithic, brick in pursuance to Resolution No. 1029 thishbeing the day set for ,the making of the preliminary order designating the kind of pavement, the oBoard at 10:00 A.M. Tuesday March 1391923 publicly opened read and considered all bids, and then continued their meeting to Wednesday March 1491923 at 7:15 P.M. Nov on last named date the Board designated Sheet Asphalt as the kind of pavement with which said street is to be improved_ with and fixes the 26th. day of March 1923 at 10:00 A.M. as the time when the petitions for.changing the kind of pavement must be filed, and the Board hereby continues this matter. until the 27th. day of March 1923 at 10:00 A.M. 'On the'day above named the Board will either pass on petitions let said contract or reject all bids. BOARD OF PUBLIC WORKS. L. B.S£AUGHTERATAERT F. HONER Attested: - Veronica C. Sweeney Clerk of the Board. Dated this 14th. day of March 1923. 760 Concerning the improvement of the roadway of alley west of Franklin Street from Division Street to Monroe Street in the City of South, Bend, .Indiana, with asphalt, asphaltic eoncrete, brick, in pursuance to Resolution No. 1066 this being the dat set for the making of the preliminary order designatig the kid of pavement, the Board at 10:00 A.M. Tuesday March 13th,11923, publicly opened, read and com Oered all bids, and then continued their meeting to Wednesday March 14th., 1923 at 7:15 P.M. Now on lass, n.ame.d date the Board designated Concrete as the kind of pavement with which said street is.to be improved with -and fixes the 26th. day -of March 1923 at 10:00 A.M. as the time when petitions for the changing the kind of pavement must be filed, and the Board hereby continues this matter until the 27th., day of March 1923 at 10:00 A.M. On the day above named the Board will either pass on ptitions let aid contract or reject all bids. L. B. SLAUGHTER BOARD OF PUBLIC WORKS. ALBERT F. HONER" Attested: Veronica C.. Sweeney Clerk of the Board. ' Dated this 14th. ° day of March 1923. Concerning the improvement of the roadway.of (,olden Avenue from Portage Avenue to Riverside Drive in the City of South Bendy Indiana, with asphalt, asphaltic eoncrete, bitulithic, Br ick in pursuance to Resolution No, 103 1G31 this being the da$ set for the making of the prelminary order designating the kind of pavement, the Board at.102600 A.M. Tuesday Mareh 1391923 Publicly opened read and considered all bids, and then continued their meeting to Wednedday March 1491923 at 7:15 P.M. ,.. Now can last named date the Board designated Asphaltic concre6 as the kind of pavement with which said streets is to be improved with and fixes th the 26th. day of March 1923 at 10:00 A.M..as the time when the petitions For changing the kind of pavement must be filed, and the Board hereby continues this matter°until the 27th. day of March 1923 at 10:00 A.M. On the day above named the Board will either pass on petitions let said contract or reject all bids. BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney Clerk of thebBoard Dated this 14th. day of March 1923. Tp..B. SLAUGHTER ALBERT F. HONER Concerning the improvement of the roadway of Marine Street from Dayton Street to Calvert Street in the City of South bend, Indiana, with asphalt, asphaltic coner6te, brick in pursuance to Resolution No. 1060 this being dhe day set for the making of the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Tuesday March 13th., 1923, publicly opened, read and considered all bids, and then continued thie r meeting to Wednesday March 14th., 1923 at 7:15 P.M. Now on last named date. the Board designated Asphaltic Concrete as the kind of pavement with which said street is to be improved with and fi yes the 26th. day of March 1923 at 10:00 A.M. as the time when petitions for changing the kind of pavement must be filed, and the Board hereby tontines this matter until the 27th. day of March 1923 at 10:00 A.M. On the day above named the Board will wither pass on petitions let said contract or reject all bids BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney, Clrk of the,Board. Dated this 145h. day of March 1923. L. B.'SLAUGHTER ALBERT F. HONER ednesd y Marco; 14th., 1923. Continue Concerning the improvement of the road -.my of Carroll Street from Haney Avenue to Indiana Avenue in the City of South Bend, Indiana, with asphalt, asphaltic concrete, brick in pursuance to Resolution No. 1030 this being the day set for the making od the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Tuesday'March 13th., 1923 publicly opened, read.and considered all bids, and then eon» tinued their meeting to Wednesday March 14th., 1923 at 7:15 P.M. Now on last named date the Board designated Asphaltic concrete as the kind of pavement with which said street is to'be improved with and fixes the 26th. day of March 1923 at 10:00 A,m, as the time when petitions for hhanging the kind of pavement must be.filed, and the Board hereby continues this matter until the 27th. day of March 1923 at iO:00 A.M. On the day above named the Board will wither pass on petitions let aid contract r, re jeer all bids. " BOARD OF PUBLIC WORKS. U. B. SLAUGHTER ALBERT F. HONER Attested -:-- Veronica C. Sweeney Clerk of the Board. Dated this 14th. day of March 1923. Concerning the improvemenT of the roadway of Harrison Avenue from Lincoln Way West to California Avenue in the City of South Bendy Indiana, with asphalt, asphaltic eonczx te, brick in pursuance to Resolution No. 1033 this being the day setfor the making ofi the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Tuesday March 13th., 1923 publicly opened, read and considered all bids, and then continued theer meeting to.Wednesday March 14th., 1923 at 7:15 P.M. Now; on last named date the Board designated asphaltic concrete as the kind of pavement with which said street is to be improved with and fixes the 26th. .day of March 1923 at 10:00 A.M. as the time when petitions for changing the kind of pavement must be filed, and the Board hereby continues this matter until the 27th. day of March 1923 at 10:00 A.,m. On the day above named the Board will eI thr pass on petitions 'let said entraet or, reject all bids. BOARD OF PUBLIC WORKS. L. B. SLAUGHTER ALBERT F. HONER attested:.. Veronica C. Sweeney Clerk of. the Board. Dated this 14th., day of March 1923. Concerning the improvement of the roadway of Harper Court from Lincoln Way East to River Avenue in the City of South Bend, Indiana, with asphalt, asphaltic concrete, bitulithic, brick in purusnnce to Resolution No. 1039, this being the day set for the making df the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Tuesday March 13th., 1923 publicly opened.aead-and considered all bids, and then continued their meeting to Wednesday March 14,1923 at 7:15 P.M. Now on last named date the Board designated asphaltic concrete as the kind of pavement with which said street is to be improved with and fixes the 26th. day of March 1923 at 10:00 A.M. as the time when petitions for changing the kind of pavement must be filed, and the Board hereby continues this matter until the 27th. day of March 1923 at 10:00 A.M. On the day above named the Board will either pass on petitions let said contract or reject all bids. L. B. SLAUGHTER BOARD OF PUBLIC WORKS ALBERT F. HONER. Attested: - Veronica C. Sweeney Clerk of the Board. Dated this 14bb.day of March 19,33. Sewer contract on Ewing Avenue from miami Street to Cl#de Street awarded to Staples & Ackenan for $6,212.00 0 ether bidders were, George Pontarelli $69272.00 L. H. Webster $7,132.05 Proofs of publication. of Vacation Resolution No. 73 published on the 3rd, day of March 1923 and loth. day of Mareh 1923 in the South Bend News Times, and South Bend Tribune, doe filed signed by 41. M. Stephenson, -Publisher News Times and Chas. E. Crockett, Publisker of the South Bend Tribune. 762 { t Resolutions were ordered .on the following improvements. Grade, -curb and walk on r,,Vashington Avenue from Jacob Street to -East line of Sunnyside Manor Addition. Grade, curb and walk on Jacob Street from Washington Avenue to McKinley Avenue. Grande, curb and valk on La Salle Avenue front the east line of Sunnyside Axxxxx ,Mannor " Addition to W. linz-of Sunnyside Manor Addition, Grade , curb and walk on Colfax Avenue from the East line of Sunnyside Axxxxa Manor Addition to the West line of Sunnyside Manor Add, Walk a nd•curb on McKinley Avenue from E. Line of Sunnyside Avenue Manor Addition to W. line of Sunnyside Manor Additten along south side of said avenue. Grade, curb and walk on Harriet Street from Jefferson Blvd. to McKinley Avenue. Upon request of Health Department,, sewer was ordered in Melkus Court. Grade, curb and walk on Kessler Blvd. from Marquette.Blvd. to north line of Portage,Heights Addition. Excavation band of Glenn Hitz was approved. �The fallowing bonds and contracts were signed amd approved by the Board with following communication and Power of Attorney from the Bonding Company attached. Chicago, Ill., March 13,1923. Miss Veronica C. Sweeney, Clerk Department of Public Works, South Bend, Ind. Dear Madam:-. In regard to $our bonds signed by this Company for Gust, F. Santry In connection with contracts for sewer construction in your City which I under- stand have been returned for evidence of authority of our agent toet€ecute and ,the Company's right to do business in the State of Indiana. , Herewith I am sending you certified copy of Power of Attorney" authorizing -"Louis J. Klein.of this City whose name appeares on these bads to act as Attorney in fact, for this Company and expecting that you will acquire a, certificate of Compliance _ I am today writing to the Commissioner of Insurane of your*State asking him fo forward such Certificate to you direct. This I trust, will enable you to approve these -bonds. I f there is -anything further you desire,�I-shall be glad to,have you let -known and will supply it if at all possible to do so. Yours very truly, W W. STEINER Resident Manager. POWER OF ATTORNEY. F R 0 M GLOBE INDEMNITY COMPANY. Newark," N. -J KNOW ALL MEN BY -THESE PRESENTS, That the Globe Indemnity Compaq[ a New York Corporations, having its prinicipal dffice in the City of Newark, County of Essex, State of New Jersey, pursuant to the following"By-Law, which was adopted by the 'Directors of the said Company on January 15,1919, to -wit: - ".Article Xl, Section 1.-- The President, any Vice President ' or the General Manager, shall have power and authority to appoint, resident Vice - Presidents,, resident Assistant Secretaries and Attorneys--in-fact, and to authorize them,to execute on behalf of the Company and attach the Seal of the Company.thereto, bonds and undertakings, reeognizances, contracts of indemnity" and 46her writings obligatory ,in the nature thereof." i does hereby nominate, constitute and appoint, Louis J. Klein, of the City of Chicago, State of Illinois, its true and lawful agenet and•attorney in fact to make, execute seal and deliver for and on its behalf, and as its act and deed an and all bonds and undertakings in penalties not exceeding Ten Thousand (10,000.06) Dollars each in its businessof guaranteeing the fidelity of persons holding places of public or private trust and in the performance of contracts other -than insurance policies, and'exeeuting or guaranteeing bonds or other undertakings required or permitted in all actions or proceedings or by law required or permitted: Aid Also Bonds andbn.dertakings or suretyship in penalties not exceeding One Hundred Thousand ( j,ci6b6-0b.00) Dollars each for Administrators, Executors, Guaradaisn Conservators, committees of Incompetent's, Trustees, Receivers, Assignees and 'Com- missioners for the dale of.Property required to be given by any Statui,e,Order or Decree of any Court of i e State of Illinois, or in the United State's District Court for said State;.or in Bankruptcy Proceedings under the Bankrupt Act of,the United States; And Also Bonds required to be given by contractors guaranteeing the completion of construction contracts and for the furnishing of any supplies were the contract price does not exceed Fifty Thousand (--509000.00) Dollars. a All such bonds and undertakings as afioresaid to be signed for the Company and the Seal of the Company attached thereto by the said Louis J..Klein. And the execution of such bonds or undertakings in pursuance to these presents, shall be as binding upon said company as fully and amply , to all intents and purposes, as if they were duly executed by the regularly eleetve officers of said Company. IN WITNESS WHEREOF, the Globe Indemnity Company has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed this 20th. day of September 1922. (Signed) R. H. Kingsbury SEAL � STATE OF NEW JERSEY Vice President. COUNTY OF ESSEX )SS On this 20th. day of September A. D. 1922 before the subscriber, a Notary Public of the State of New Jersey, duly commissioned and qualfied, came F. H. Kingsbury Vice President of the Globe Indemnity Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the executions of the same, and being by me duly sworn, deposed and said, that he is the office of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seak and his signature as officer were duly affixed and subscribed to the said instrument, by the auhtority and direction of said Corporation, and that Article Xl, Section 1, of the by laws of said Company, referred to in the preceding instrument , is now in force, IN'TESTIMONY WHEREOF, I have hereunto set my hand and affixed my. Offical Seal at the City of Newark the day and year first above written.. NOT_4RIAL SEAL. Internal Revenue tax paid on original. (SIGNED)' OSCAR C. KUNZE. Notary Public, State of -New.jersey, My Commission expires Sept. 3011926 I Ossar C. Kunze, Assistant Secretary of the Globe Indemnity Company, hereby certify that the foregoing is a true and correct copy of Power of Attorney dated 20th. day of September , 1922, on behalf of Louis J. Klein, of the City of Chicago, State of Illinois, and that the same-is.still in fonee. In Witness Whereof, I have hereunto subscribed my name as Assistant Secretary and affixed the corporate Seal of the Company this 14th. day of ebruary A. D. 1923. Subscribed and sworn to before me this 14th. (SEAL) day of February, 1923. HARRY B. ROBERTSON. Harry B. Robertson Notary Public, State of New Jersey My Commission Expires Sppt, 19,1927. (SEAL) OSCAR C. KUNZE, Assistant Secretary. EM The following bonds and contract approved. PUBLIC IMPROVEMENT CONTRACT This Agreement, Made and entered into this 13th. day of March 1923by and between.Gust. F. gantry Co.* of the County of Cook and State of Illinot (hereinafter.referewd to as the " Contractor"), and the City of South Bend, in the County of St. Joseph and State of Indiana, by and through Its Board of Public Works, (hereinafter referr-,6d_--Gb- as the " City'), under by v±rtue of an Act of the General Assembly of the State of Indiana, entitled " AnAet Concerning Municipal Co I rporationsv ft aproved March 6919059 and all amendato'ry and supplement& acts thereto$- 'Witnessethv that the contractor covenants and agrees to construct pipe sewer on Columbia Street from Prairie Street to Wenger Street, in the City of South Bend, Indiana ktaand for the following prices:- 200 lin. ft. of 1011 pipe per . lin ft. $2.00 48 lin. ft. 6" conduit pipq per I:Ln ft. 400 10 lin. ft. manholes per ft, in depth 7.50 1 manhole curb and covers, each 15.00 aor., to Perform all work in the prosecution o' said improvement under and -according to the terms aatd. he Board of Public Works. 1 R,�!-,obttion No� adopted by t __I, )193 specifica+iOr n 51 � ;L ..q ()n fijj�! --n office of tlie.Depa.-tme t of Public Work vllilb plans, profile acid specifications are made a part hereof as fully and effectu-ally as if copied J 8(A, o st1 Vjt-A,-6T1 at full length. e rofitractor further ey-T)ressly covenants aind agri --s tb-t in the prosecution of said work all tW)"'! L'T Skill o—c': all -excavations and dangerous pl,'A� ai-A --,ife, 17-01 bt exercis,�.J; tb t he.7- -r - - - -I -) 7�.-y person or at i'l "11, e�lf ilit-A �40i ust, al! duet jl�d p'—)er to T)r-v i: j7­7 p-c-nty� that -N.T �.-.tter or th-ac., �7onv.,L�ztcd ()i 'S o'.%, n ill:) .I0 it I Y or (Is tit �-.tTe resulti, frOT11 t I! r � I - 1 1" " - - wtv P 'C' I [I,, efifoffl, 10 arly Percf- 1 or proptr:y, - - oi� alit � lighility aid in the of -t-ny C"a-'r" or cip;r-is b_;ng made or arty act. r a. . n the CAY by reaso,L or on fc��oraliL Df or elvi - 9 ov_t of f -1,1d t,�ja szLm,-, an-1 wiii p�ly a- y ent r�--c-rier-.d VI; i 0,VV a,A save hai-mless,said y, its of.','ers' agents 0.1 f." j r c a, in cot 11 si; 5,, or R."Alorl. or ,.(A;"-!!; Cj,.- 3 Im S. ___- - I I � is I)_ - , -, Al.d' ncl,,y V­� V it cot t! j;j And 'the con*actoragree to e period and in the r-==r -q,-s fixe- `�f -19 ie ina' -iance and repair ther-,,ji the by the sp,­c,­_n"0! ,, and to sc.� -i:e t' ntel I I . ount as fix'd by th�� to file with the Roan? of "_PvbI;_- VIorks a bond v;ith sufficiezit, S'Urdty th0Ve.G*1 and in mi arn e I -a' b�� a oin his guarantee bond sh, U pecificantions.. And in doing s-ac+ repair work the coi'tractt.,r and �ho, s A .1. � * i __ . . arnage to any persc.n or prop- erty to the sai.ie li-lbility tot '�ie c-,+y and WlY 0(bfr "11711y, gil uu y or di: q covering the con- erty in the same manner and to the 15ane extent 2!�, is -d .c 1�).st prect, ing paragraph ,sti-ticition. work. Ai J it is fvrtln�r agreed by ar-,-' btt-wec-i 5:11-rd f a-t-7s ty tit the ac(-eptaw-e of the work provi3ed for in tills contr.�!.(_t, or the paynIent the-c"_`5, 3: : r <.' tI VC r on part oft ti e city of any 0 L tear S-4CAle; Ol ills I)C'd f I thc j(Is oti,; contract, nor 'a of t! th!�rta.of; nor shall the accepta,�-!-� 1-.e of tl-IC., of any plovisk, C, act price th�sre-rox. tc­ to th 111tr, on -tract, exccpt to the extent of enitii-i- the contract 11c contractor agrees to pay for all lat-or ai, d Ilsed Or furmsbed to be used in the makiii-S, of .ice of this contract, vv e or furv;s1led for, Hint or his argz�nt, -it and at siic ' h iiiiproverna in the pf_�rf orr.1 a" i 1, ther done made Coil any estimate successor or subcontractor; and iri -anc-! (. city may reserve Otit of any alirm ,, ca in fi>-vor of the -contractor or 1,;- assigns, n,- 011t of the an"Ount, dim:. airs or his assigns upon the con.,plcti- -Of,thC work, SO Much as ma}-cessary to j:)1,1Ly all laborers or r­?_teripu rne" for due tlizin for work done or materials used or Wri-nE;hed to be used in the parfo-' Of tli9 c t and the doing of orn property said -work, and the county treasurer, acting v fl _F� city tre.-,�s uu-cr, X 0 Vilers P.%sess-7d for said b.:cn n Cr I1:L-;1 *1- CC- th -1, palct or. I ta+ 9t_r.-.T.8 or sia-Z& %WtrCtil aeon the con)pIet-)n c-f the irjpr0­o2rp-..jt or ti%, Ut The work of making such improve-trient sb_1 t�� "Pi;; o ,ifrpe!t on of beforethe . . .......... . __ ..................... ------------------- ot_., -----------_--------_-- ...... 19 ......... unless the time for the completion of the same sh `L be e}:*c.,ded in Iv r 't, the jioitL'u' of 'tl;c NXlorics, And it *s agreed that any such extension cf tj-rzi-2, or -ir-%r alter_r­ `;i of tli;s'crnt�rac? or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or lia.bditie,_ A the contractor or his stare-.. ties. It is agreed that the contractor shall not' assign this ­t, or sub -let the work or any part thereof to be done hereunder, withoot the writ'_ -en co:-.,-:,2.t �of the L',,.-ard of P-,-blic works. I I It is further agreed and stipulaled flint contractoi shall give to residents of said city and comity preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each faiil!'lre to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and perfoftaed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected --,na paid to said contractor in the manner fixed by the statute governing- the making of such improve-, T ) t_761-k af th,; nd st'-pilia-tions of this contract, including all and singular the *ions and' -of the plans, profile, spec-ificat7cms and resolution- aforesaid, theandersigned binds hi= or itself. and -Ch;s rv, pective successor or assi-_ts of such parties. In Testimony Whereof, We, theforegoing named parties, hereunto set our hands this 13th. day of March 1923. CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER ALBERT F. HONER Its Board of Public Works. GUST F. SA11TRY CO. GUST F. SANTRYt . Contractor, Wednesday March 1923. Continued. Ff Pip fp.'':;7 - ,,r of OF PPRIity 1��.� �sse�X..:_: - -and State of_... € apt pp1 q1•p held ;m44 ARAf Wniid. to th? City of South Bend, Indiana, ifi do, Atilt ofalr,y01,NgEt Two ]hundred s xt,� nine m............. 01 •l 269 00 i rxn .•ri _. .. fpaGtlkN4kkEl kikB�" ���1�{1 � s_ j fi,0911% (? t wo,11 rtf truly to be made, we jointly and It bid' filet 1 l p�'PG �t �4,w4 m� -¢if Mid 2 al g `3 firmly by these presents, a a Ware, We that if tbo above iTa�4i�&3ra..aear�euje�a Gusto-F. Sant,r ,C "--------------3_..-------------------staA faRb. Ylly �€ ;;iy with fete: fc c s� tlg oe. 4_..ct; made and entered into the --------------- 13., -- day of with the City of South Ber(' Indiana an*d shall fulfill a. eth � ot1. i� tore awl a64)01,96tln th,tt0ti ebita xled, "' according to the true Intent '=C; men:: g th=.'of, in all C' 1. ,ts, 0,,cn tfiis oblipl+tiou to bt void; tither-yAst to be and,rem.ain in full force and virtue in law. Tn t`)e cve. the said City sho.11 extend the tuna for the completion of°said work, such extension shall not in a`ly way release the surctie;, on this bond. This shall be a construction bored, and the sure`ies on the sat-i.e .-hail not be held ttsporlslble for the maintenance and repair of the improvement after it hqs been accepted by the second parfiy; but stach sureties shall beheld responsible for the fait'4ul compliance. with all other conditions, stipulatiwig and requirements covered by or set out in the contract. LVITI!?ESS our hands and seals this.....,,,.,,,,,,,,;,,,,,tlay of;_::__:___:::__:: 9 3:::::::::: _•. GLOBE INDEMNITY ................ OMPANY.,,.(SLAL) .���`s�;ust F�';SS�1��antr ry ©-=f�EA�) .... . A orney in act,. ('�aL) 0, ,),, ........................ Sa.. ...............•, The above bond approved this .......... -•- 4........;.,,., : 5& h -1 3 .., .•....anr L. B. SLAUGHTER ALtMT Board of Public Ifforks,. PUBLIC1,IMPRONTEMENT CONTRACT. This agreement, Made and entered into this 13th aday of March 1923 by and between Gust F. Santry Co. of the County o Cook and State -of Illinois (herein- after referred to as the " Contract"), and the City of South Bend, in the County of St. Joseph , and State of Indiana, entitled." An Act Concerning Municipal Corporations, approved March 6,1905 , and all amendatory and supplemental acts therttes» Witnesseth, that the contractor coenants and agrees to construct pipe sewer on Bertrand Street from Olive Street to Johnson Street, in the City of South Bend, Indiana at and for the following prices:- 315 lin. ft. of 12" " pipe per lin ft, 43.00 1000 lin. ft. ofl2" pipe per lin ft. 2.75 146,lin. ft. of 8" pipe per lin ft. 1.10 636 lin. ft. of 6" pipe per lin ft.................. 1.00 38.25 `ii-no- ft„- -of manholes per ft. 7.50 8 storm water grates, each 12.00 3 manholes curbs and covers, each 15.00 and to perform all work in the prosecutiorof said irripro%rriw---nt u"&i r pin id to Cho tvrn .g andt o ditiom of Iyal oveii'tent Resathition NO. .2.020........... -, adopft:d tryr of ;'Aibl t W'0V-A11,,.WAU9,...2a 923 - and. tl« plans, pl:ofite and spec ficiatior;s art file in 1-4+e office of the f)apl rtti-)Ozlt of Vubl9Q Wovks, wbtk-h 11"Id resoluti£sn, glans, profile au'd sfiecifications are made a part hereof as Wily and eifeettially as if copind and set out; lli;rern at full length... The ('oiitj,at;tw further c xpre;isty coveenauts and agrees that in the prosecution of said wor1c all proper skill arid c t1c. will be exercised; th-t he a•-d p"o*-et all excavations and dangerous places, ;tail' will w;c all duc and proper piecalition to pr�vzz..t i")*ar"Y to ;t y person or pro-;srty; that i+t th(; evcitft 21 ilny iLjiii y i)1 d ern c resi.Iltin; frol'rT tll� t'•'-)r : or reSAtirg frn my ":titter or thin connected theYeval'.ft or t1JUU..f101,,, to *111y yjets^n or property, be i r'11 r-tV art^ 1-C,4;idute the sstIle at Ls own expense, and as,. pw;?'. tlic liability therefor ; and in the event of any claim or claims being made or any action or actiatts bcsin bi onght against the C:•ity by reason or on account of or grovring out of 1.�;:d worlt or its construction, the sail e',011tiactr.)I Will at his .)wn r.:x.pe:nse defend the same, and will pay any judgment recovered -therein, and -will in all t£;spe.ets fully ifiderr;r,ify and save harmless said city,, its oflicers, agents or representatives from all cast, U-JA:us;:, laaywe.i,t or judgment recovered in connection with such clairn or claims, action or actions. And if Within tehh d;:.ys aftei aiiy stick action is begu'r., the city shall notify the ecntractor of the pendency therfmf, tbon arty judgment rend':r-ed ng-An,t the city shall be e.oriclusive against the cotitractor and .6gainrt the nurely e 'his (wilaftl3tMou bo"d, as tO tb •im.oi` `., 1*' ' '.iitj' and oi!.6 tcreto. ass e �u ii ie ti s as may iu ces5ary �' ir•L'T}e1.�Cti°Y`F �;''CFS• i•O A'-i ? 1TI. $1- Ta F x i J c_ i>.11L a i 1} � `. ��. �aQ; txe file ta��Fntcna2lce �l?d �e ai`� ther+oa . �� F � V. =1I �5',C�+Ev: VA �"kxaX �� 3t�i Ciltt���7?Fi� W _ taa W�;4 �?hi3ni�-�cLZ3r 3d s� �$,a 7 aat)ii✓ r�x N } a to a 4ty ai;d any �3aer p aso i lot 4�* 414,r� i � T fl} �13 444 #"i}AA"y Ani is to wile ,extent as is Cxed in the d f,4 + if of phi eecl + H<t4f re'ar� spill rart',Zs that tllte aeeept. tit bf i It 'Vvdt h t , i �r,.l if:rj, N7 trig: `cy#G 1kt tli4r of. fay it r_ti:te a s�aiv r+�xt :ttt, ttf thoi iH f bt ff+ 0 1.ht lt�l ot cst ttie p` i:i4 ccri -cctor or the .su t lcz�, no {33i� �rtlli � 1E�t fib �iT���� kl��' E3'r*� S 0ott - ' f# f �h j kt t e taTict 1;e pr:ma facie evidc l(o of t.hO Ptt�t(10s el I �:t+, bf rlti + it iii !11Eiti k 11 ttytt=p4 tp Ili �tcrtl: of entitl.:,= file co:Itractor to the rUt1+r1,,"t 11f1t v. ttit f# It E'.3i1,`i tcl#�i 1t 1 �0s to pay for all Tabor and r;aterials TtSed or futtTi�tl t'.tl #.tt lies IiklP ti �t) ��it i litill tl� fijll' ll„ }ftl' lil #tl Ali 1p 01" performance of this contract, v'tetlaer dalio (3r ftattiit"�� rtf, 1ll3iti ttf° 11 #Lt t`h11 ttf l4ilt e, W 1tt'hcwyactor, and the city may reserve out of t,ny idlovt�� ito frtriE�e IM I � ilitl �r t1if, pitltitct % or,.;! rssigas, or out of the amount dui; hire or big f4b,01911 3 11VAN thli ii��(gft� t`t;kl, essay r #o p y all laborers or Inaterial t~ il) 44 iti tr;lttiio fihb 64 fill' I Ac lz�tcrial� a+e: ., .arx�tshed to be used m the ez oxrrias), of th-16 collita0i t1d th 61i. h till tart t €�� thw t:aE;t�tti le taE,i ti it�At>: as City areasu er,� sna .#"etai#t lobfy''�y sack dch_s Uri >>til the- rtr tr *ec€,t" r�el9i tut, of t x ll {{ {{ e co::L-a 4g.ees to remo- z all rWY)Ash, earth. and unused Inatetial in tht 8treeft 8fwdA tlPfi@Q4 capon the completion of the improvemmt or the repairing tberPof, . The work of making such improvement shall be eoF Iple`e�%accc:sciir�.g; to the terr-, of fbls C(A ttaot� Ott A�- h,zfo)e thee____..-------- -----._._._.._._____.: _.._ _....__ v _...._.._._.._......_"_.,..., M',ass the time for the coi .pletion of the sa.r e shall be extended- in .a t. mpby"the Borlt'duof Publ'ic Wf)r�- And. it T ; ag i te`•d that any such e-%ten-iGn of tl,-lv, or an-v" altcra'`)on of this contract ni of t:1tn iyi4T YIoY or Ti NtYy or o£ d.c Mpr such work shall in no way affect the duties, obligations or lial-,i;itics of the corttrw,,tor or hiii g,,sc e,:: ties. It YS 5.€:iccd that the contractor E-,o.h r.ot-.ssi>�n this %"a `n ('t, or sub -let the, work tit arty P Yt $lii'ir.�� r€ be done witilovt the writ r G: -,t of the board of Ptibl"'x7orks, It is £u; they agreed a- d stipu]o td that > ; c:,'11-_r'actor i g ve . t� V t " ' lldl F . Clt Pit C)� ,[LTrI rT,:y l prefe-,once In the. eniploVnl-'nt of all labor riecessary in the shall forfeit to thb city the sum of ten dollars for each f<<<'F,re to observc: this ;.,po t 1kJrL- And upon the performance of all the teriiis and conditions of this cor.1-mel, cFrl+i t:ltinp t; to ho -1 pe foinl 'cd by said contractor the said city agrecs to cause the i:ost of doing "1."f:11 worl `to l"s 1ec:ted zrkd paid to said coatractor in the mannei fixed by the statute guverning this Fri_ king of such tuip� t zaents. To cach, of thq conditions and stipulations of this contract, including all alld siTgojlcti' tYt,� 1)*wA!)i6rit teY.as of the plans, profile, specificaticnis and resolution a.fore::.xsd, th and the ru.,£iective successor or assi.g Fs of such ram es. In Testimony Whereof, Wem the foregoing named pansies, here- unto set our hands this 13th. clay of Mareh 1923. { CITY OF SOUTH BEND, INDIANA. L. B. SLAUGHTER ALBERT F. HONER Its Board of Public Works C 3N.5'1 {; JCTiuri roil;) GUST F. SANTRY CO. Bust F. Santry. Contractor. -3 f s. That we.-_-__----__ rzJl_ F.__._�aXl�,r ._._�Q.___________________ y of the Cok _sty of.................o9ok --- St4te of-- Globe Indemni&y Cflmpsn�y__-_-- pal, and ....................................... . . of Co t azVF au ,II�r Zd as 'bur,ig9, are held and firmlyy.bound to the City of South Bend, Indiana, in the sum of ........-�.-- ......:T....._..�t. used h reed fife, rii>ie -- --- Dc�llar� 2s�+59•Q, wo o ..:CQgr...__ ------ _- --- y -. _ ._. _ __ y.. �_ ___ (S for the payment of which, well and truly to be trade, we jointly and severally bind ourselves, our hrrr:4, executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named. ru't _Sa>r>i.. ...S1t31'Zl faithfully co;a ply with �Iqe foregoing ��tlti day of "."Ma�}�"."�,j, --f made and entered into the__�_______� , __-•-�--------- f� T er•n=»»a••-� rrflIIn�_:__ with the City of South Per_d, Indiana and sha_1 fuihlt alf�tP conditions and Sttptt ati©Its tl€rell®1tt&fTt�, accordingto the true intent ar_d meai_ina th- r'of, in all res,. ° :ts, then this obligation to be void, oth� i�tl�e to be and remain in f ll force avid virtue in law. In the eve._the said City shall extend the tine for Iha completion of said work, such extension shall not in a?y way release the sureties an this bond. This _shall be a construction bond, and the sure `Fes on the same shall not be field respondbW for thtt maintenance and repair of the iinpro fervent after it hit all otherpcondtacceted tinnB, stipiils ®nthe second �i flt§ shall be held responsible for the fait " ul compliance w covered by br set alit in the contract. WITNESSour hands and seals this ........... kZ. .:;_,;:,._-day of ...::::.:.::.: rV GJ,QBR TXIIEbQ,GLI.T_Y..JCa ....:...:....(St,At) -------------- LOUIS J. KLEIN 14th. �•, �,f, March 1923- o The nbove bond approved this ........ ............................d - ------fir. -- RV--SiYRI ............................... A PERT F. HONER IN14 of AM* woft PUBLIC IMPROVEMENT CONTRACT& This Agreement, Made and entered 11to this 13th day of Marsh 19239 by and between Gust, F. Santry Co, of the County of Cook and State of Illinos, (hereinafter referred to as the 11 Contractor"O, and the City 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"o, under and by virtue of an. Act of the General Assembly of the State of Indiana., entitled " An Act .Concerning Municipal Corporations, ,approved March 6,1905, and all amendatory and supplemental acts theret®:- Witnesseth, that the contr ctor covenants and agrees to construct pipe sewer on Scott St eet from Indiana Avenue to Calvert Street, in, the City of South_ Bend, Inddna:a at and for the following prices:: 238 lin.f5ei ft. of12 per lin ft.................... 2.40 456 lin. ft. of 10" per lin ft.................... 2.30 228 lin. ft. of 8" per lin ft.................... 1.10 880 lin. ft. of 6" conduit pipe per lin ft........1.00 48 lin manholes per li nft. 7.50 12 storm water ,grates, each 12.00 6 manholes curbs and covers, each 15.00 4p-d- 6 %)l `ni € ork .jlntiEt of wail frr liar 'Noy', t lQ2 ill � f`, J (.,,:;, 1 ) ,; fh! t„ 'Si< i jIAG: 11-r•^.l C _ t, .,i 1 ., t 1A _Milie a part ?(_ ::3 .,. t,-. .;;i-,.(.-rt 11•tT ar if. t,'q: . .old r an(i th't In °hf! of ,17 1f(tfR ;111 Ii `'„oj t 11 +tt(:, r .rl � j tl hr � �-'C7 ; .t l:_all � �.t.f. V.tt t,ri % .I tiri1,11„t`1 i)J' ;11�1 } i { 'ills '!w: £)r . 7,.."t *) 7.'0:) '): V i 1 ':A ! q or ri: c,��(i iS 7 "Q ").tf(3 t» tllt 1p l'I Y� �;f e�. 11(1'I'r 1 `fd. I'1 Cl` i,+ I l'y y) , ._';; +u PT'Ol,..rtYy, 11-_ fay _....4 f r,. i_a-;fa. tl;.., h;t .ltt .11. tlih (1.,Jtftilri +#� 111 I i,t14i-y 11i I frji 1)rl In the �V(i t )f any ci. l fr I .*t't5 l- r)sr r .) 1n c11 t.11)1 ;:Lt`u ,t,�t+ lr't11�1,1 U� 'c. ,,..1.t ,.,, U„ 'L(..,,... {. ..,t t tf; t ,f -?'? l:V'-11'1k i„ t4-'> f(trl':',i1t t jiVflr ?)". . I F i_I,.t, j,..Vkt_;tl -jt. ilia. ,.V/ll r ,I_,:iIR(' +f('ft it(, t111', i'I)(d_�Ttlfl:"1t. 1.:C1`l'✓['r'!'(� 1�"!t`,1:'1 1f1+ '.Ljtf� `41�+1j1 1t!. .. V: V�: ;; fi t;.iii C -1:_. ,. rt - - - .,... .l .:.CY. .,i..., a.�::r t (:. C.lalrr.,, ct;(,'t or t,,j t)t-,i+",, Atii1. �? of to !1 !i y 11ti'l; :t tl ti3� cc i_ra;,,ur it riles to maintain saitt It ij­v the period and in the niauner as fixed by the s»racihcations, and to seckre the in"a'Intenauce and repair. th-t 1r. to file with fie Board of Public Works a bond v,;th sufficient surety thereon and in'an amounta.s fixed by ;h,F specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall he subject to the same liability to the city and any other person for any injury., or, damage to any pers,!!n or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- - struction work. And it is further agreed by and between said I-art'es that the acceptance of tiie work provided for in this contract, or the payment thereof, shall not co✓ Etitute a waiver on the part of the city of any of the provis- foils of this contract, nor shall it release said ccfat.-.ctor or the sureties on hisbondfor the faithful perform- ance thereof; nor shall the acceptance be pri;;n)a facie evidence of the performance of any provision of this contract, except to the extent of entitling the coatr2.ctor to the. contract price therefor. The contractor agrees to pay for all Iabor and materials used or furnished to be used in the making of such improvement 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 on any estimate in favor of the contractor or l,;s assigns, or out of the amount due htm or his assigns -upon the completion of the work,, so much as m�.y wessary to pay .all laborers or material men, for as counts due them for worn done or materials used or furnished to be used in the performance of this contract and the'doing of saidwork, and the county treasurer, acting as city treasurer, ma retain money eolf tee frorrs property owners assessed` -for said improvement to pay such debts or uuril the contractor shows that they hays been paid -or satisfied ro Cam, I+: r ' 1111' cd wat(- -- .l Ili t i.3 slit---ts or Fiid':a $6i2Ii'ali :1 Ur1 the co-1pletion of the im- pro,,clu- nt or the The work of raking stich improvernent shall b- c c:,.::;'_e`ed rccordirf t<) tivtcr;:cs of this cc3 tract on or r,cfo, : the __._........ _..____ ...... ..... _....__._....._ _ c f ) the ti;rle fot the co-,I:p1`tic i of the sa! -• stlail be e._F=< aed ;n ::.:: r by the go.trd of YtxbEc Worl,.s And ii is a ', eed that any st:ch cetenlzion of ti,-(�, or ary alter�';on of th;s e,`n act or of the mar.i)e,:' er rt ttll () of acing such wort: shall in no way affect the dUti-_s, ooligatiors or li�!hilities of the contractor or his tics It is ap•r.ed that the contractor s:_all not assign this r=rct, or stlb-let the work of any part thereof to be done ,.crcui dcr, withottt the vrritten cotis�fnt ..,f the Is ;ard nf P,:bl;-• : 'orl•_s. It is fu t:',';e;agreed. and stipulated that t:-, contractor shall give •-sidcnts of ;lid city tard l�rcf ;xc°z).e'ti in the employment of all labor necessary in the pertorrr,ancc: _ this co_:tra,:t, >:nd faili;im t+, Sh.a.l.lforfeit to the city the sum of ten dollars for each failure to obsci ve this stiYal.r.tt'ri Arid upce : the performance of all the terms anti conditions of thi r t �.et, a*:c1 'li;:l to b +� P. yful h,+ said contractor the said city agr $ t0 cat the cost of do),_ ..^,u 11 Y,TO? l: i.0 be _ ! t ' Ii .t,,d ani paid to said contractor in the manner fixed by ttie Statlat4 the Iii-31inz; of .,f1r.11 ritlt,,' 'Tz- �iC„`ltuo To Gail of tFf .cfi TC1itIQYi$ ancl. stipi__i`?.tioo`Ys of this COr_ti .^t, InCI r'1't: all Lrld 'S7if l l't3' the plo-ns?ons P.,'F ierr1S of thc: plant', P„of le, spccif;atiopf:; and r-e�Ci1UtiCa d,f;:S�....:ii'�, tiL^ Y;: '�-.... .). .1'^+.:'�.:i 1:.�:. l i=lf of 1...'.5�. sniff t4. s4-,,kectiv4 successor or assig:ls of such parir: s. L In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 13th. day of March 1923. CITY OF SOUTH BEND, INDIANA. GUST F. SANTRY CO. BY L. B. SLAUGHTER GUST F. SANTRY ALBERT F. HONER Contractor. Its Board of Public Work . %OI$STI'Rl. CTIO d RON Kri :,w rll re -,en by ez; znts. That we__. (zU5t--- EA.... iazy..1�t3... .,... aan._.. _._. San. .. .... -. t State of.,-...w._..,.....42 4AQ441�..............0 ...=�.k 114 f:, of ' t13a �A4 �3lty Of........,a,....�iA 6� ►C - -- -- ---------•-� pal, and ..................................................... ...........a.b.,,.,,,u fn ` BLitt ]" ES_ a......d Late of....... #..�d Ge f ...... ....... t e Co t Cf------ ----- ---- -'�,a of T Jana ie€ �oo5usiness in sand as sureties, are he d and firmly bound to the City of South Bend, ndi inn, tot c stun nf..... ....... . Three hundred eigk V!!� our .......... _.................. _.................. ..... Dollars ($ 2) 384.Oq for the payment of which, well and truly to be made, we jointly and severally bind nt vojlvt�sd wIT b14 Ai _ecutozs, adminstrators and assigns, firmly by these presents. Va.eI conditions of the obligation are such that if the above named ................«..«. ,..«....�....�.*..� � ........ shall fpm; 14;31..y i:c,, piY wlth Llae loxegoin� CcsIltaa;»t, made and entered into the .�_ �._th. _ -_ _ dad £.... ...... :. L�2��-..,. -...., 19........; with the City of South Ber_d, indiai�a and s' .`_1V f,�,rii a.l; ih� conditions and stipulations therein contained,. according to'the true inteP_t zr_d rgeai _La tb -eof, ill all resp "ts, then this obligation to be void, otherwise to be and ieiriairi in' ill force avid°�'r+_ e in'taw. I i the evF- the said Ci!_}% shall extend rile time for the compl'etioi` not in ^.-iy wLLy release the s1:teties on this bond. This 4-a14 be -qt co-1stt-1-Alt— + €n t.:ii ttie sill :es On the same@ shall riot be held responsible, for the maintenanea and rzpair: of. t; niter it his been accepted.by tha second party, but such sureties shall be held resppp4ible for the fai+.'.£til coni-P iance _VV7' I all other ccm;,litions, stin.T�!a,tions and covered by or set out in the b 92 `3'y 1.1 :.� rf,:r 1.•, , 1 ; , f , - �-3th-s - _G : l i�... j�_- e, : M&.r..6i_._ GIDbe T £ I�2>ii, o 11?$ y `s .; l Gust F. Santry ° • _..... �9Y Louis J. >. Gust F. ntr �� The above boiid approved this .......... _.I�ti,hr .r, i.v cf.... .......�...,�......... L._B. Slaughter Board of l u: - c PUBLIC IlT'ROVEMFNTCONTRACT. This Agreement, Made and entered into this 13th. day of March 1923. by and between Gust F. Santry Co. od the County of Cook and Skate of Illinois, (hereinafte referred to as the " Contractor"), a d the City of ouch Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Forks, " (hereinafter referred to as the " City"), under and by virtue of on act of the General Assembly of the State of Indians, entitled " An Act Conerning Municipal Corporations, " approved March 691905, and all amendatory and supple- mental acts thereto:- Witnesseth, th t the contractor covenants and agrees to construct pipe sewer on Frances Street from Corby_Street to Howard Street, in the City of South Bend, Indiana, at and for the following prices:- 360 lin. ft. of 12" pipe per lin ft. $2.20 38 lin, ft. of 8" pipe per lin ft, 1.10 171 lin. ft . of 6" conduit pipe per lin ft. 1.00` 12 lin. ft. of manholes per lin ft. 7.50 2 storm water grates, each 10.00 l manhole curb and cover, each 15.00 _� to pefior� all %,ori€ in tire-ptosectition olk said improvement under and according to the terms and aoxt dlllons of lmprovenient Wsolttti©n No. adopted by the Board of Public Works. �.� � .19� and the. plaids; profile snd-specifca+ions on isle sn the office of the Department of Public Works, w tc a� resolution, plans, profile and specifications are made a part hereof as fuller and effectually as if copied and set out herein at full length. `file contractor further expressly covenants.a:V'i agrees that in the prosecution of said work all proper �l=ill and care =iili be exercised ; that he -%v;'l prope. -" " '-" � a='d F='o`' t all excavations and dangerous places, t injury t� ter. person or rc^err that in the event r2f and „till use all due and proper precaution to prevej j ry y P p y an� injifry or datnage resulting from the wor': or resulti*g from any matter or thing connected therewith or arl®lug therefrom, to any person or property, he �,+11 pay and licj-uidate the same at his own expense, and as- sume the 11abiiity therefor; and in the event of any clairs or claims being made or any action or actions being Irotight against the city by reason or on account of or growing out of said work or its construction, the said contractor will at his own expense defend the,same, and will pay any judgment recovered therein,' -and will in all respects fully indemnify ind save harmless said city, its officers, agents or representatives from all cost, enge� cut or judgment recovered in connection with such claim or claims, action or actions. And if Wijhin ten rye after arty such action is begun, the city shall notify the contractor of the pendency thereof, thryn any luftinmtt rendered against the city shall be conclusive against the contractor and against the surety tm g wnatriwfloa bend, as to thv amount, liability and ether matters pertaining thereto. , 4 Q -y Gall jj 0;wwlaunt andple aLe such rpmrs qS ay t," neceSaar to 5mare the Ina x1tens.1we and -rdpairA thbereol MraonL as fiXC, y he vl;44 eaf Public ISa1=SMjall AiA i,) 4of,,,g lq,®i 0 f be jwo,c jiabi ho; W -tic; 6 ty, f " t ki q 1� Vr fF I(N in, �A` i" q 1YASM, Ps jq op 0"I in thg §unAL, pan per and to the zwaq wztcl4t 2:� -is iix�-_d in x1rucown -8 tbzv� the of tb�, w�A k�iA&A tiii- i"I AA jfk, balther agreed by and boweeTI S;J�i vayf_ r 'It' I ir 14, 01 f 1) o 1) It yi �; Cat t 11, � I (! C, IF , shLfl r, ot C_;_'�! t z, ts -, t c. WE, , e ,I I he t�& �, t o V t � tit i We .� W )� , . hol, of MA S Ono I -ad, {tot' obau it rAeaw sod nv Q ,­)- . the swdet A Ids hand tot tit" T00101 Puffs Own 11" It td; Uor Wall No aL,tpnce Q pri-, -i,- 6,(t-60m)ce Of the potfol-niPift"t'. ot lily piviNa 61 k-w4i-ill-4; r Pt tP the exteld of entioNg-the centoglor to the contra PHVU thorefor. The rinNocloy jign Qcs to pay for all labor and snaterinds usud or" furAmhed to Ilu UMA I I the MUM of -h Rod 41 tlu� perforninnco of this contract, wl)011;eA, dont-, or fittiit+ed tot, 111fil., lit W"ll I it, PI( oft fill edtlfjw�tb AN or Hubcontroctom and the city may 1 iservu out of Ittly mllowaocV bi ill, of flw, cfjlltlactor or I :� ,jssigns, or out of the anwo.11t dtle hfin or hvt(j)(41 ifift 01 Or VMS Po 1*4)11ot 41� m I'' ces5ary to pay all laborezi; or inatedat Itilev 0,'PiAdjtt.Ltjj (1tv; j1WAft f6t Work- dove or Ili stteyj�ja . -usPKj or iijrnlshed to be used in the perforniance 6f CO3 coot,- s-,t bd the WAV10A Puid murk, au0n d the uoty tivanuttr, aeon.as city treagurer, may ref-alf-I raoA6- 6olil j1pope'tt,� Wma owenM for &aid iiuViovQwextt to pay such dtl_-'s or t�ojf tu'%V43 J�hjd Qr UMMM TIC CMIM-MV agM3S S. rtnino- -, a!! 1.namcd "wasm! SUCHO at am" Ljun fha r�o-nnpleti(5n of tl�c hmprovwnent 0,; of n,-_alcing s=h hnyuv"�ml onak bc cw. he e0y"QQ in t)y fl.".", Vyl,, thal wiy: such evo�R of 0, t cn gry QVTz9an of WE rp&MC, OC of IQ jh�h,A 01 004 c-7.W& cuah WCA saw in y1r) j orHylx of n, ya%HA ons. AB pot Rsign thiTAK, 01 21019 we OUN m toy J�rl til", of v f Tht b,,j j P, it is i" ;A Y qti �j znn s0whota thot K. cwtinwpr Af gme tc residMY nk Wd cly mw C:Jnyow jyj tho =, PiDy V,mt of Q )YWI ncoosmy in th, wwuwA,K1T of th� e,a; shall K,Wt to s,-,mn of ten QQ18 fc, Gaon fAn"I to Woo V ; fb� 04WENYy Lod nPon tH pwiozw�wjcc Of Q ths tonis "Zo no�4h�s of twn P. F. 10, to 1 y. pikin 1 vy Ezid cont�cw� the said ON avrcln tq onow tK Cwt Q ya,� njh ?"�6 14 hn V �A W ini? In on jEj cnatj actor in the onomal lZod by At stool,, gqj-". 4% tv 1 n�"ON wX of tha cGnE60nc WA yk�wdo7z CT Wo ccntj�`t jn7!_Aj,: A 0700a Pyj wown"V Pyris of tho plans, Pluble, SPwAy"Ma nud r�ontjcj W�.S.t tho �Y nua tho Y'.Pictiv�: SUCCCSSOf 01' of stmh rvloim In Testimony Whereof, We, the foregoing named parties, hereunto s1t our hands this 13th. day of MArch 1923. CITY OF SOUTH BEND, INDIANA. Gust F. Santry Co. BY L. B. SLAUGHTER Gust F. SantryContractor. ALBERT F..HONER -Its Board of Public Works. "That vic ------------ -- EJU-Ertj---fP-�--3XrjVU--C--o fj- tli(t cot:-;Ity of------ --_ 111 rand Aab -1-Ud 9 orIJeWd 0 bus es in the_ *QRS OJA of tbe COW-Ity b44 Roi Emily boi­�- to the City or so:Lth Bend, Incliaiia, jj�l Une 51211,11 .powas(w 564.00 L�Y.P:kvo,.hqn0.r0d Myt four C--v-` h w � j o, -Itly ;7c7aT17 Lind c nt of w"r.-acti, �,_i jJ, 217'0 �102, Ind s, i-or tile Payx�az� 9.ss'gns, firm I.-j by tlaes,n presents. Adminstrators and f the above Tt,,a Cu obligation are such t! ,�jjjtjans of the c , i au .�4A. . � , a A " ­1 "Ivskv 41 1110-at .. ........ en y 1, rwade and er-tc . , . =­ - - . - l3thV77 - � - - � 4 `zaa s . , with the City of SOu h -L11 " Ow-'t 018 CA01. x6_1 according to tile ti_ r+t and luening Q -MA iv loycotg, ohm sold C% MW kA tho 64ca-q "s" to be and rennain in fuh force and vinne in law, in th" ("v" L 9 Al on two th, CM pletion of said work, such c--,tensioa shall rK in MY QMV slow AN; I'MA This, shall be a corstrUct-ion bond, and tb�� Q1 ILI OPQ41 Traintcri-an-ce and rel-n--ir of the ir.-Py eme t Air it On P%1 - t�,._ cojr- ible fo -c be held respons- -i -shall c=;x�d by or se, oUt _'u GUST J. SANTRY Albert F.'Honer. Af :A" PUBLIC IMPROVEMENT CONTRACT This Ap�reement Made and entered into this 9th. day of March 1923. by and between H rry Pontarelli of the County of Cook and State of Indiana, (hereinafter referred to �.s the " Contractor ), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works., (hereinafter referred toes the " City"), under and by virtue of an Act of the General Assembly o the State of In. entidtle " AidetS "-nee corning Municipal Corporaations, approved Marew- an a aame r and supplemental acts, thereto!» witnesseth , that the contractor covenants and agrees to vonstruct pipe sewer on SCott Street from Indianan Avenue to the Torre Haute & Logansport R. R. in the City of South Bend, Indiana at anf rot eh following pri cess- 4415 lin. ft. of 10" surer per lin ft. $2.10 40 lin. ft. of 8" sewer, per lin ft. 1.00 210 lin. ft, of 6" conduit pipe per lin ft. .85 82 lJoi ift. of manholes per lin ft. 8.00 2 storm water grates, each 10.00 1 manhole curb and cover, each 20.00 caid to perform all worn in the prosecution ot: said improvement under and according to the terms and con- difi'o s of lmpr6vetrent Resolution No.....1040....... _, adopted by the Board of Public Worki u ust' 9th.19 arid. the plans, profile and specifica*ions on file in the office of the Department of Public Worka, wbich said resolution, plans, ,rofile and specifications are made a part hereof as fully and effectually as if copied and set, out herein at lull length. i fie eontractor further expressly covenants and agrees that in the prosecution of said work all proper kill'arid crew, �. !i11 be exercised; that he --,I'll p-oper`v ^:'d p--o`�ct all excavations and dangerous places, utid 1�t,ll u e all due ar.d proper precaution to pTevei?t injury to �.r..y person or p�c-,n7ty; .t17-,± in `l e eV�;I �� arty ititl. , tit riarrite.ge resulting from the yr z`_ or res»lting from a.ry r7atter or thin- conr ect,d thevewi'b or crafting therefrorn' to and perso-i or property, he v-�11 pay and lit^tidate the same at his o-,ern expense, and as- sitine the liability therefor.; and in the event of any claim or claims being made or any action cr actions h•,; . brought against the city by reason or on account of or growing out of s�`d i.�,orl- or its ce' �trvctio`i. `' sn`-1 contractor will at his own expense defend the same, and will pay any judgment recovered thnr•pin apd F� i.i all rPspccts frilly indemnify and save harmless said city, its officers, agents or representatives f )m all cast, expense, payment or judgment recovered in connection with such clairfi or clairr,s, action or actions: F . i f 'within ten days after any such action is begun, the city shall notify the contractor of tr_c:: vtrA=•-_cv Cher - E, tb,,n any judgment rendered against the city shall be conch,sive against the contractor and against the surcLi oa laic Curestaaretis�at bo=ed,•.�s to tb- amount. liabiiity and other r_Aatters ,err iF.i th=_.ret� f :�+. 'c! :•I .1gi:.L..i- ♦U L T ..'�c^•_in said it, :;it) iii� c:.- :.. <a. _i; `V ;.ii re};aiF'S as r';ay. i �;i;�S L".'.Y .tile period avid in the mawier as fixed V� the snPci` ca'ions, gild to secure the ulaint'enance, and repair thereai to file with Vie Board of Public Works a bond vith sufficient surety thereon and in an.amount as fixes by the specifications. And in doing such repair work the contractor acid the surety on his guarantee bond shall be subject to the saine liability to the city and any other person for any injury:.or- damage to.any pers,.-n or prop- erty in the same mfiner and to the same cxtent as is fixed in the last preceding paragraph covering the con- straction work. A-d it is furthef agreed by and batwecn said 1._rt?es that the acceptance of the work provided for in this col tt`aet, or the payment thereof, shall not co::statute a waiver on the part of the city of any of the �rovis- lofts of this contract, nor shall it release said ccntrr:ctor or the sureties on his bond for the fatthful perform - ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thi3 contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agres to pay for all labor and materials used or furnished to be used in the making of wich improvement and in the performance of this contract, whether done or furnished for Hirai, or his agent, assignee, successor or subcontractor • and the city may reserve out of any allowance made on any estimate in favor of the contractor or htQ_ assigns, or out of-fi;e amount due him or his assigns upon the completion of the work, so much as ma3 ?cessary to pay all laborers or material tnen for ariounts dine theta for Work clout or materials used or furnished to be used in the performance of this contract and the doing of said work, and the counter treasurer, acting as city treasurer, ;:ray retain money eollp=.-ted front property Owners assessed for Said improvement to pay such debts or until the contractor s (mis that they ilvs been paid or satisfied ear :li, and iun,,sed maferial in the streets or sides thereea, or the repairing thereof. The work of m.........n siicrz i before the..... .... mprovement shall be eo. -mleted according to the terrns of this contract on. c:e. . ur.less.the time for .the completion of the sal -P shall b f-er(-ed i the --••---•-----•-' •-u . o .., 19- . e er_ei:ded in w� t° g by the Board of Public Worlrs. Ard it is agreed that any such eaten^ion of time, or ary a_ Lion of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obliges ties. r ions or liabilities of the contractor- or his sure - It is agreed that the contractor ehali not ?sign this -„ — t, or stab -let the work or any part thereof to be done hereiinder, withoct the written con r:.t of the Iic:.:.rd of Public Works. dt is further agreed and stipulated th?t t'..e contractor shall give to residents of said city and co:ion y preference in the employre.nnt of all labor necessary in the performance of this contract, and failing to Flo so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and.things to be done anti performed by said contractor the said city agrees to cause the cost of doing such wore: to be assess d, col lected and paid to -said contractor in the mannerSxed by the statute governing the malting of such improve- means. To each of;the conditions and stipulations of this contract, including all and singular the provisions ar.d terris of the plans, profile, specifications and resolution aforesaid, the undersigned -birds himself or itself and the rw pective successor or assignis of such rtarties. In Testimony Whereof, We, the foregoes named parties, hereuni set our hands,.this 9th. day of NaArch 1923. CITY OF SOUTH BEND, INDIANA. HARRY PONTARELLI BY L. 13AUGHTER ALBF F. - HONER Its Board of Public Works. Contractor. 771 COP=dSTIRUCTI®hl BOND rL°zow ell r ^ s by CL<_-� prc ts. That ...w.,,.awwova.wwYav'W W W,.,,vvv6v,V66w„66yyr{yyy,wV96Vi§994,V,# of the County of v----------- --C° ®k - -- --- -----, State of......_,..w-,w.wv_.ww.. I lol. ino i s , as pvi- pal, and ... __.... .......... --------------------w........w...w,...v............................... ,,.,,,.,. , of the County Of ------------- —Essex ---.-and State of... New Jer!!V v0,.,,..,8.....YF,.# as sureties, are held and firmly bound to the City of South Bend, Indiana, in the actin Of......wF4AP ..,h,, red ._---------------------------------------------------------............ ....,:moll . � 9 9 00 ). for the payment of which, well and truly to be made, we jointly and severally bind Ourdcives# oar htJrL1, Q-xecutors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named .................................. ..................„, ,Rr .�w. rxat:_Pon.1,axalli---------------------faithfully comply with the forggoing e6l1tftetj mane and entered into the -------- --------- 91h ----------- ---------- day of _ .......,,.. a e4' ..m.......a... ::::::., with the City of South Bend, [ndianp and shall fulfill al the conditions and sti'puls,titma thet°elh c6iitdilied, according to the true intent F d mea,iing thereof, in all resi _ts, th'en this obligation to be voida otheziAiisc to be and remain in fall force and virtt.,: in 1,--w. 1n the eve. . the said City shall extend the time for the completion of said work, such extension shall not in a'zy way release the sureties on this bond. This shall be a construction bond, and the sure -ies on the sa;;_e shall not be held responsible for the maintenance and repair of the improvement after it h-.s been accepted by the second party, but such sureties shall be held responsible for the fait'-ful compliance with all other conditions, stipulations and requirements covered by or set out in the contra A. L. B.'SLAUGHTER ALBDRT F. HONER. t . Ma.rc_..1923-- GLOBE INDEMNITY COMPANY LOAorney' n faeL. 14th....S y of °Mareh 1923. Pt7BLIC IMPROVEMENT CONTRACT. This Agreement, Made 'and entered into this 9th. day of Mareh 1923 by and between Harry Ponta,relli of the County Cook. and State of Illinois (hereinafter referred to as the " Contractor"), and the City`of South Bend,,in.the County of St. Joseph, and Sta a of Indiana, by and th ough its Board of Public Wdrks, (hereinafter referred to as the " City"O, under and by vir-tue of an Act'of the General Assembly of the State of Indiana,, entitled " An Act ConcernIgg Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto:, Witnesseth, that the contractor covenen4s and`agrres to construct pipe sewer on Campau Street from alley east of Walsh Street to east end of Campan Street In the City of .,South Bend, Indiana, at anf for the following prices:-- 263 lin. ft. of 19" per lin ft. . 2.30 68 lin. ft. of 8" per lin ft .70 180 lin. ft. of 6 " conduit pipe per lin ft. 1.00 11i lin. ft. of Manhols per lin ft.. 8.00 2 storm water grates, eeleh 10.00 1 manhole eurb and covers, each 20.00 co perform all work in the prosecution of said improvement under and according to the terms and coa. ditians of Improvement Rasolntion No. .__LCI2.--.._.-.... adopted by the Board of Public Worksl llr,-i _ lst.1923. and the plans, profile arspecifics*ions on file in the office of the Department of Public Works, which said cs resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care �- ill be exercised; that he -v-'_i proper,'- -.- r � -,-A. p-,o}^zt all. excavations and dangerous places; and will use all due and proper preca_ttion to prev %t injury to zry person or prc^erty; that in the event QJ any injury or damage resulting from the wor': or res*1lti^g from a.,-y matter or thing connected therewith or arising therefrom, to any person or property, he v411 pay ar-i ligt.idate the same at his own expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing out of s,.'d worl; or its construction, the said contractor will at his own expense defend the same, and will -pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or .judgment- recovered in connection with such claim or claims, action or actions. And if Within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, thin any judgment rendered against the city shall be conclusive against the contractor and against the suret on his construction bond, as to th- amot,nt, liability and other matters pertaining thereto. 772 s ni &y, bq uqq-easary .-ata. sai:,d ixn�Drovcrnellt allu e such repair&s, aud to se Art the V,*-r-ejr;a0 fi=4 Ity the 5-0- ic W0J*$ a boi3d -v.Ah sufficient M"Xy turn and In oak'awbulAt 'k the cmtmctar -ht O-Anty on h1% Im to X *4* Vif 80*,r4l of PW joo#"" "d t , �, §,. An4 J# 4 m-filgi zuA jrqoir woe' ally ptrgiIA 0-t "Iffa to *@ oafA ftl4fity to the city arts v* oilier person &T aftY 'AWY Or Owner am to the %awe C-tent as is fined in the last iftZI-diul PAVA900 i�"_ftft th% eW- *qw-419a wm*, we 'D the )rk rdA40-4 tdr s4 It I# further agreed by and befwee-, said rarE­-s that the RCC*Pt 0 ' t Wt -,omtract? or the paymeirit thereof, shall not a waiver on the part the C-Ity, (5 aff Of thOd Ofb"t or or the n or A! ,Q1 6 d f tht fliftlift this Cpatr4ct nor shall it rfzleasie said cc,.-- sureties oil tits -7t�tdt-t�-,Tf tiT--1jrrformtAt1t0 of RhY PtOldidti 0.1 thi§ intie thereof " not -rim he conira. t ice tb t,-@ ri g the contractor to t c 00111TIM pt to the extent of entitling rrifHre The contfactor%ree, to pay for all labor and materials used or furnished to be.uged Itt the hidkifig t)f contract, fie ' d fear hiffi, dt hN gg�lfitj In the perf [ v�,Iheth�;r do or iftirilighe orm,ance of this coil subcontractor; and the city may reserve out of any #11owaw nee ade oti aft! bbtftfi�16 14 yor of tlt® contractor or assigns,or ou t of the amount due him or his 069119119-UPOil thO idffiPletd" W cessary to pay all laborers or material meit for atnowito dtiei thdhi fdf Of the wnrl;, so inuct. as ma; e performance of thig eolitract gild the doifig Ut 'Work doA® vr materials Used Qr tarnished to be used in 4 1 bffl ptidp6tty *aid wqrk, and the county treasurer, acting as city treasurer, inaf retain Money owners Rijigeseed for S&IdimprQvement to pay sucn debts or until the colitrWttEX 9410*9 thli they h'"e UAW fa satisfied �11 earth. and unused material in the streets at sidta thtrokit', up on the c-f the immro-vcm�at or the repairing thereof. I'de worli of ftilkiJig 511chImprovement shall be completed according to the terms of thlu twArkqt vm. br-fore tine---------- -----------------------------------_---------------------- day of----------- .............. . .......... . ... . ...... __, 19,111M.-I dr,lt-qr s ihe time for the completion of the sa-e- shall b- i� eended in writ", -g by the Board ot Public Wotlqi, A,ia It is agreed that any such extenc:ion of tinie, br any altera'ion of this contract or of the manner or nwth­ od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his aure�­ ties. It is apreed that the Contractor shall not assign this .e; r= t. or slab -let the work or any part thereof be done 'heretinder, withwt the writ' -.en cont of the L,_­rd cif R blic Works. It is further agreed and stipulal-ed that t!-a � contractor shall give to residents of said city and co-mify preference in the employment of -all labor nec?sLry in the perform-atice of this contract, and failing to 0r) i,o, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. . And upon the performance of all the terms and conditions of this contract, and things to be done an-1 parfornied by said contractor the said city agrees to:cause the cost of'dairg such work to be L4)i lected and paid to said contractor in the manner fixedby the statute governing the making of such impfwj� meats. To each of the conditions and stipulations of this contract, including all and singular the provisions and m ters of the plans,.profile, specificat--ons and resolution aforesaid, the undcrsigncdb!k,% or A the r%-pective successor or, assigns,of stv-.h, rartie,;. In.Testineny Whereof', Wet the foregoing named parties, hereunto set our hands this 13tho day of March 1923 CITY OF SOUTH BEND, INDIANA. HARRY PONTARELLI BY L. B. SLAUGHTER Contractor ALBERT P. HONER Its Board of Public Works, That ---Harry --- C. "'y of ----------- GGok ----- - --- - --- State of ------- t --- VIA I A ---------- - pal, �end ...... ..111-0he --- Indexill+3t- Company----------------------------------------------------------- - --- - -------------------- of t114. col.,ez ity of-. a_d State . ...... ------------- — -------- a3 surttics, are htld and firrnly br_­;e:d to the City of South Ec-nd, lnd,1_i_1, la the s"-I'a of ....................... Fqur...h_undre_d --- e1gh_ty__:1hr_eo ... - - - - - - - - - - - ($ 483, QO,, - --- - ------------------ ---------------- for t1he payment of which, well and truly to be xna&!, w-- jointly and adminstrators and assigns, firmly by these presents. "I'lle conditions of the oblip-pnon are such that if th- above ---- P=lAre 1-1-k- --- ---- ---- x z i rye iris e411923-��­ .ntei-d into ......... .. ,vitb the City oi South:S_ according to the trne in-ent '-d to be and remain M fiill torte aiad virtuc in I _-,w- 'n tl-lc c7le: Ole r,,Lld C i- sh,']! nct :;:7j any way releaso th(:, L-_;i,,7i�� com - I - " ,i f .pletion of said v.ToT. such c:T+,- This shall be a. ou Lond, and the s:arc firs 0.tl the R, .7-,- _t 1 -15 bf:�m,,icccptc!d b-7. in.ninte,naince and rcp7L r of �he i,_ 311--!R be held respons-ble for the faif-gul con-p!­­= 3.3 L_y or sec olij- in the contract. L. B. ALBERT F. HONER. -day of Ma GLOBE INDEMNITY CUPANY LOUIS J. KLEIN Attorney In fact. 14th. day #f March 1923. Plat pf Woodlawn Addition Raa approved September 22nd. by the City Planning Commission was approved this!14th, day of March 1923. The following building restrictions on plat. Building Restrictions, 1923 Building set back 25 ft. on all streets except Riverside Boulevard which is 50 ft- side lot clearances 5 ft. on all lots except Riverside Boulevard and south side of Wo6dlawn and East side of Kessler Boulevard which is 8 feet. S7500.00''on Riverside Boulevard. 6000.00 on East side of Kessler Blvd. 6000.00 on South side of Woodlawn Blvd. $6000.00 on Portage Ave. $5000000 on Parkriew Place $5000.00 on Lots 1 to 15 -S4000,00 on tollywood Place 4000.00 on Inglewood Place 4000.00 on Berkley Place $4000*00 on Beverley Place. WOODLAWN ADDITIONo The annexed plat is a plat Woodlawn Addition to the City of South Bend, in St. Joseph County, Indiana and oovers a tract of lawnd as.follows, topwit:» Beginning at the eas.twrly line of Portage Ave., and the East and West center line, See . 35, Twp. 38 N. R. 2 E. thence East along said East an4 West center line of See. 35, a distance of nine hundred twenty-four (924), ft. to the,East line of alle East of Kessler Blve, thence Northeasterly parallel with and one hundred fifty (150T ft.Easterly from Easterly line of said Kessler -Blvd. and Southerly line of Woodlawri Blvd, to the Westerly line of Riverside Drive, thence Northwesterly along the westerly line of said Riverside Drive, a distance of thirteen hundred seventeen and thirty-six hundreths (1317.36) ft:°to the North line of Oakwood Blvd. thence southwesterly following along the northerly line'of said Oakwood Blvd. to the Easterly line of Portage Ave „ thence Southwesterly along the Easterly line�of said Portage Ave., a distance of fourteen hundred forty -se ven and thirty-two hundreths (1447.52) to the East and west center line of Section thirty --seven , Twp. 38 N. R. 2 E. v*hich place of the place of beginning, The streets and gilleys are hereby dedicated to the use of the public. BUILDING RESTRICTIONS. Be it known,*there shall no building cl©ser than twenty-five (25) ft. to the street lines on Portage Ave,, Beverly Place, Herkley Place, Inglewood Place, Hollywood Plac4, Parkview Place, ,Kessler Blvd., and South side of Woodlawn Blvd. except Lot #29 which fronts on Portage Ave., and fifty.(50) ft. from the street line of Riverside'Drive, No. buildings shall be closer than five feet to the side of the lot, except the lots fronting on Riverside Brive, the south side of Woodlawn Blvd, and Kessler Blvd. which shall be eight feet from the -side lines, Be it further known that no buildings, except, garage, shall be built on Riverside Drive which cost less than'$7,500,00 , on the Southside of Woodlawn Blvd., East side of Kessler Blvd4b and Portage Ave., less than $69000,00 on Parkview Place and lots'l to 15 inclusive less than $59000.00 and on Hollywood Place, Inglewood Place, Berkley Place and Beverlly Place shall not be less than $4,000.00 In Witness , Whereof, the said H. A. Wood Realty Co, has caused its corporate name to be hereunto subscribed by the hand of its President and its Corporate seal to be affixed and attached by the'hand of its Secretary, on this 26th. day of Oct. 19221. e H. A. WOOD READ cg0. (SEAL) HARRY A. WOOD -resident Attest:- RALPH E. TREANOR Secretary, STATE OF INDIANA ) ST. JOSEPH COUNTY )SS Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Harry A. Wood Vice President of the H. A. Wood Realty Co. and acknowledged that he signed the foregoing instrument as such officer and on behalf of said Corporatioh, as the free and voluntary act of said Corporations, and also came Ralph E. Treanor secretary.of said H. A. Wood Realty Co., and acknowledged_. that he affixed the Corporate Seal of said Corporation to the foregoing instrument and attached the same with his signature as the voluntary act of said Corporation, for the use and purpose therein eaprossed. IN WITNESS,,_Qhereof, I have hereunto set by hand and affixed my Notarial Seal on this 27th.,day of Oct. 1922. LEQ J. RAFFERTY My Commission exfiires July 29,1926. (SEAL), Notary Public 77-4 The followng eommunication received from -the City Attorney read and placed on file. , March 15,1923. Board of Public Works, City Hall, South Bend, Ind. Gentlemen: While I have received ho direct request from your Board for an opinion, I am informed by Mr. A. E. Martin, repro-spn.ting certain remonstrators against thavvacation of Chapin Street, that he was requested to subnit his authorities to me for examination I have examined the authories cited and do -net find that they -sustain the position assumed by the remonstrators. In fact, one case cited, �Windle vs. City of Valpariso , 62 Ind. Appellate,,page 3519 is strongly against them. In that case it appeared upon the fact; of the petition tit that the vacation of an alley was sought for an express purpose of enabling a mercantile concern to expand. I happen to be very familiar with the location of this alley and know that it; is right in the heart of the business district of'the city of Valpariso. As I read the opinion that case, it holds,substantially as fol lows: -- 1. Power is expressly granted to the Common Council (and in this cas to the Board2of Works) is vacate streets and alleys. 2. While this .power can be exercised only for a public use, in the absence of fraud the courts will not review. the action of the Council a Board in determining whether or not the public will be benefitted by the vacation. 3. Courts will not inquire into the motives ofathe governing body in deciding this question. 4. That a private property owner will be greatly benefitted by the proposed vacation is not material or pertinent.to the case. 5. The Common Council (or'Board of Works) will be presumed to have acted in good faith and according to law in the performance `of its duties with respect to -the vacation proceedings. 6 In the absence of fraud, the ,governing biOy having jurisdiction to determine whether the v.catfon oea s treet or alley is for public goad its ,decision is final and conslusive. I am advised also that, the remonstrators rely further upon the authority of City of Gary vs. Much, reported in 180 Ind. on page 26, I have .examined this case and find that it is not in print at all as the decision was toh the effecttht the. City 'of Gary had no jurisdiction to 'vacate one-half of the street 'lyingwithfn it s limits when the other half 'was out, side the City and 'under ther�jurisdiction of the Board of County Commissioners, My conclusion is, That if the Board of Works, acting in .good faith believe it to be -to the best interests of the public to vacate Chapin S Street, or a part, thereof, together with intersectingg alleys, and -providing ,they folloiv the law with respect tova,cat;ior_ proceedings, that their decision upon the subject is final and cannot be set aside farr any ow r reason than by showing draud. Respectfully submitted, PILED. LEWIS W. HA�iMOND * City Attorney MAR. 14,1923. BOARD OF PUBLIC WORKS. BY L. B. SLAUGHTER President. o 775 The following petitions and waivers approved and resoluions ordered. PETITION AND WAIVER. South Bend, Ind. lq� To the Honorable Board of Public Works, of the City of South Band, Indiana. Gentlemen: - We, the undersigned property owners, petition your honorable Board to improve Washington Ave. from Jacob Street to East line- Sunnysidt Manor Addd. by the construction of Grade, curb and walk according to lawto _. --- AND WHEREAS, rve owning pry':------- -- perty on said street to be improved, and that He alone are 'affected in ar.y -Hay by said prcposed } improvement. That we are the sole owners of the separate ``parcels of land : Lordering upon- said -street' proposed to be improved. - a THEREFORE, in consideration that said Board of Pub;lc Works proceed to improve said Washington - Manor Add, Ai" proposed in said resolution, and for the further. purpose of saving_ time and expense; we the un_ dersigtied, .do hereby waive all objections;. on and in defense to any defect in said proceedings; and to ally violas in procedure fir the construction of ,pavements as fixed by Section 8710 of Burii's Revised Statutes of 191,4. We further waive._ any ._right to object to the form of said resolution. We further waive any and all ,objections .to the fact -,that, no advertisement for hearing has been published as required by law, and "'that no notices. were mailed: to the owners of property and. that no he was held by said Board. We also consent that said Board shall proceed to let the contract for do= ing said work in following manner; That they shall notify by mail responsible, contractors in the City of youth Bend, Indiana, of said work to be done under said resolution, and that they shall rece9yef } said contractors for doing of said work, and they shall let the ecntract fox the dorrg a£ {t orlr 'to the _ lowest responsible bidder, and we waive any "objection to the action p#. rthrr� An:letting yard tract in a form and manner other than provrded by law 4 rr We further consent ihi le cosy of :doing said work shall h'e= 'rise<sed a- gainst the -different par-dets of real estate owend'by us a.provcrcd by secticns 8710, 81Ca. f 711=E112 871=8714-8715.8716-8717-8718-8719-8720=872.1; and all- acts and laws amendatory .thereof Pr supplemental °thereto. We further agree that notice given by mail shall be sufficient notice cf tl e hearing upon the assessrpents made for said- improvement. "3 Given under our hands on the day and year first` above mentioned. 3 . K T-2 E NIS R ND ELSIE W. AUSTIN By ERA. The Gi._ .t®saph Loan & Trust Co Cyrus C. Shafer Ckristian & Grace E. Pretz By George U. inghalt JOSEPH M. STEPHENSON Sect & teas ALICE S. NSON YByJJMSy :APPROVED FILED r� nnz+omc+nvr H F. O . - , 3 BOARD OF PUBLIC WORKS. BOARD OF PUBLIC WORKS B. SLAUGHTE— LAUGHTER Pre s ic1 President Resolution or' rec�. 776 . Wednest 1 ed We, the undersigned property owners, petition your Honorable Board to improve Jaeeb St. from Washington Ave. to McKinley Ave. by the construction of gradi, curb and walk according A to law. AND WH_' AS, we the undersigned, are the only persons owning pro. perty . on said street to be improved;: • d that me alone are affected in arty may Ly said proposed improvement. That we are the sole .owners of the separate parcels of land bordering upon said street proposed to be improved. THEREFORE, in consideration that said. Board of Pubilc Works proceed to improve said - jaceb Street ' ®m Wa3hi319tftn Avow, �it"Venv by no �t�___ *&1 k 'Aiproposed in said resolution, and` for the further purpose of saving time and expense, we . the un- dersignedz Ao hereby waive all objections on and in defense to any defect in said proceedings, and to any violation in procedure far the construction of pavements as fixed by Section . 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the' form of said resolution. We further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing WFS held by said Board. We also consent that said Boardshall proceed to let the contract for do- ing said work in following manner; That they shall notify by mail responsible contractors in the City of youth r Bend, Indiana, of said work to be done under said resolution, and that they shall receive bids from f acid contractors for doing of said work, and they shall let the contract for the doing of seid mock to the lowest'' responsible bidder, and we waive any objection to the action of said Board in letting said ccn- tract in a form and manner other than provided by law. We further consent that the cost of doing said work shall be assessed a- gainst the different parcels of real estate owend by us as provided by ,ccticrs 8710, 871CF-47114212- 8713-8714 8715 8716-8717-8718-8719-872Q-8721; and all acts and laws amendatory thereof or Supplemental thereto. We further agree that notice given by 'mail shall be sufficient notice c{ the hearing upon the assessments made for said improvement. Given under our hands on the dayd and first above mentioned. r Jo seph M. Stephenson The St . Jose psi Loan & Ta Alice S. Stephea.sen, by J0 M;S6 Trust Qvi i Seay and 'Tress. We, the undersigned property owners, petition your Honorable Body Ireimprovt La Salle Ave. from the E. line of Sunnyside Manor Addition to the w.-line of Sunnyside Manor Add. by the construction -of gradw, curb and walk,, according to law. AND WHEREAS, we the undersigned, are the only persons owning pro- perty on said street to be -improved, and that me alone are affected, in 8LY -Aby by said proposed improvement. That we are the sole owners of the separate parcels of land bordering upon said street proposed to be improved. THEREFORE, in consideration that said Board of Pub)lc Works proceed to improve said Ta sang Ave. from the E. line of Sunnyside Manor Add, to the W. line of Sunnyside manor- Add As proposed in said resolution, and for the further purpose of saving time. and expense, we the un- dersigned, do hereby waive all objections on and in defense to any defect in said proceedings, and to any violation in procedure far the construction of pavements as fixed by Section 8710 of Burn's Revised Statutes of 1914. We further waive any right' to object to the form of said resolution. We further waive any and all objections to the fact that no advertisement for hearing has published as required by law, and that no notices were mailed to the owners of property and thaiz ring was held by said Board. We also' consent that said Board shall proceed to let the contract for do- ing said work in 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, and they shall let the contract for the doing of sEid Mork to the lowest responsible bidder, and we waive any objection to the action of said Board in letting said con- tract in a form and manner -,other than provided by law. We further consent that the cost of doing said work shall be assessed a- gainst the different parcels of real estate owend. by us as provided by se(cti-Irs 87,10, 871G.E71 114-2-11- 8713-8714--8715-8716-8717-8718-8719-8720-8721; and all acts and laws amendatory thereof or supplemental thereto. A We further agree that notice given by mail shall be sufficient notice Cf hearing upon the assessments, made for said improvement. Given, under our hands 'on the day, and. year first above mentigned. THE STJOSEPH LOAN & WFUST COMPANY BY GEORGE U. BINGBM Tres* APPRDVBD-, PILED MAR,, 14,1923. PRE, 27,1923, BOARD OF PUBLIC WORKS. BOARD OF -PUBLIC WORKS--- BY_L: Be -_SLAUGHTER BY L: B. SLAUGHTER,4 Prisi J� 778 14t,h. , 1923. Continued. PETITION AND WAIVER South Bend, Ind. TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. GENTLEMEN: - we, the undersigned property owners, petition your Honorable Board to improve Colfax Ave. from the E. dine of S.zunnyside Manor Add. to the W. line of Sunnyside Manor Add. by the eonst,ruction-of grade, curb and walk according to law. AND WHEREAS, we the undersigned, are the only persons owning pro_ ty on said street to be improved, and that tie alone are affected in arty may by said proposed per improvement. That we are the sole owners of the separate parcels of land bordering upon said street 3 W proposed to be improved. THEREFORE, in consideration that said Board of Pub►1c Works proceed to improve said I As -proposed in said resolution, and for the further purpose of saving time and expense, we the un_ dersigned, do hereby waive all objections .on and in defense to any defect in said, proceedings, and to any violation in procedure for -the construction of pavements as fixed by Section` 8710 of Burn's . Revised.. Statutes of 1914. We further waive any right to object to the form of said resolution. We ; further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners. of property and that no hearing was held by said Board. - { i We also consent that said Board .shall proceed to let the contract for do- ing said work in following manner; That they shall notify by mail responsible contractors in tfi City of South �. Bend, Indiana, of said work to be done under said resolution, and that they shall receive bids from Sid contractors for doing of said work, and they shall let the ccntract for the doing of skid Mork to the lowest responsible bidder, and we waive. any objection to the action of said Board in letting said cen- tract in a form and manner other than provided by law. i We further consent that the cost of doing said work shall be asse used a- gast the different parcels of real estate owend by us as provided by scctic ns 871.0, 871 CG� 8711-1 i 12 m- 8713-8714.8715.8716-8717-8718-8719-8720-8721; and all acts and laws amendatory thereof. or supplemental thereto. We further agree that notice given by mail shall be sufficient notice cf Ile hearing_,upon tie assessments made for said improvement. Given under our hands on the day and year first above mentioned. The St. Joseph Loan & Trust. Co: By George U. BiAgham Secy. & treas. MAR. 14,1923 FILED w--- BY L. B. SLAUGHTER BOARD OF PUBLIC WORKS res o�BY .Presidfxi►.` PETITION AND WAIVER South Bend, .Ind.. TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. _ G NTLEMEN:- We, the undersigned property owners, petition your Honorable Body to improve McKinley *venue from E . line of Sunnyside Manor Add, to W. line of Sunnyside Manor Add. by the construction of walk and curb• along south side of said ave . according to law. AND WHEREAS, we the undersigned, are the only persons owning pre_ perry on said street to be improved, and that He alone are affected in ar<y Hay by _said proposed improvement. That we are the sole owners of the separate parcels of land--horderirg upon said street proposed to be improved. i THEREFORE, in consideration that said Board .of Pub►lc Works proceed E ! l�� Ave :l®u� the south side from E. lilt* of Su3myside to improve said Me u�rrir- Manor Adds to W . line of Sunnyside Manor Add As proposed in said resolution, and for the further. purpose of saving time and expense, we the un- dersigned, do hereby waive all objections on and in defense to any defect in said proceedings, and j to any violation in procedure far the construction of pavements as fixed by Section 8710 of Burn's . ! Revised Statutes of 1914. We further waive any right to object to the form ' of said resolution. We further waive any and all objections to the fact that no advertisement for .hearing has been Published . j as required by law, and that no notices were mailed . to the owners of property and that no hearing .:Was held by said Board. We also consent that said Board shall proceed to let the contract for do- ing said work in following manner; That they shall notify by mail responsible contractors in the City ,of youth Bend, Indiana, of said work to be done under said resolution, and that they shall receive bids from j said contractors for doing of said work, and they shall let the contract for the doing of szid Hork to the lowest responsible bidder, and we waive any objection to °the action of said Board in letting said con- tract in a form and manner other than provided by law. We further consent that the cost of doing said work shall be assessed._ a- gainst the different parcels of real estate owend by us as provided by secticrs > 710, 871CF. .E711-f712- 8713-8714-8715-871 b-8717-8718-8719-8720-8721; and all acts and laws amendatory thereof or supplemental thereto. We further agree that notice given by mail shall be sufficient notice cf tLe hearing upon the assessments made for said improvement. Given under our hands on the day and year first above mentioned. The St -Josepil-a iiesn & Trust go BYGaor� U, Bingham Stay & .Treas. APPROVED. MAR. 14 ,1923 . FEB . 27,1'923 • BOARD OF PM— L1 . W-Q u : ` BOARD DF Pow S BY L. B-. SLAUGHTER 13Y--L: 9: SLAUUGHTER President►. M- PETITION AND WAIVER TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. GENTLEMEN: - We, the undersigned property owners, pEtition your -Honoral Board to improve Harriet St. fry Jefferson Blvd. to McKinley Ave. by the construction of Grade, curb and walk according to law. --- - AND WHEREAS, we the'undersigned, are .the persons ownsm g rc . - , . perty on said street to be improver, and tk t v.e alone are affected,in 'ary rRsy by said proposed are the sole owners of the separate parcels of. land bordering upon said street. improvement. That we L F proposed to be improved. THEREFORE, in consideration that said Board of Pubilc Works proceed to improve said v ® n eu Ave. As promised `in said resolution, and for the further purpose of saving time and expense, we the un- dersigned, do hereby waive all objections on. and in defense to any defect in said proceedings, and i to any violation in . procedure for the construction of pavements as fixed by Section 8710 of Burn Revised Statutes of 1914. We further waive any right- to object to the form of said resolution. We farther waive any and all objections to the fact that no advertisement for hearing -has been published . as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board, shall proceed to let the contract. -for do- ing said work in following manner; That they shall notify by mail responsible contractors in the City of "outh 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, and they shall let the ccntract for the doing of .sEid Hork to the \ lowest responsible bidder, and we waive any objection to the action of said Board in letting said con- tract in a form and manner other; than 'provided by law, - We further consent that the cost of doing said work shall be- assessed a- gainst the different parcels of real estate owend by us as provided by iccticns 8710, 8710a-87114212- 8713-8714-8715.8716-8717-8718-8719=8720-8721; and all acts and laws amendatory thereof or supplemental thereto. We further agree that notice given by mail .shall be sufficient notice ' cf tl:e a hearing upon the assessments made for said improvement. _- Given under our hands on the day and year first above mentioned. The St. JOBeph Lean & Trusty Cyrus C. Shafer .� Christian & Grace E. Pretz Cs: t hane- T,���19it�e turf i t ls�;,g� BY Gesr$i U. BlAg haz Secy. & Treas=, Feb. 27 v l923 • APE OiiBD WORKS . 144923. (� irkM BOARD OF PUBLIC WORKS BY L• B. SLAUGIw l'residoht: ; Preside#t. Resolution_ ordered. 779--�- �1� PETITION AND WAIVER South Bend, Ind. TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. _ G NTLEMEN:- we, the undersigned property owners, petition your Honorable Body to improve McKinley 4venue from E . line of Sunnyside Manor Add. to We line of Sunnyside Manor Add. by the construction of walk and curb, slang south aide of said ave . according to law. AND WHEREAS, we the undersigned, are the only persons owning pro_ perty on said street to be improved, and that me alone are affectcd" in . ar<y H sy by _said proposed improvement. That we are the sole owners of the separate parcels of. land .: -borderirg upon said street proposed to be improved. THEREFORE, in consideration that said Board of PubtlC Works proceed " to improve said McKliale Ave. along the Be ut,h aide from E. line of Su]tnyside x Maner Add, to W. like of Sunnyside >ldaaeP Add . As proposed in said resolution, and for the further. purpose of saving time and expense, weL the un_ dersigned, do hereby waive all objections on and in defense to any defect in said proceedings, and to any violation in procedure far the construction of pavements- as fixed by Section 8710 of Burn's . } Revised Statutes of 1914. We further waive any right to object to the form ' of said resolution. We further waive any and all objections to the fact that no advertisement for. hearing has been Fublishcd . as required by law, and that no notices were mailed to the owners of property and that no hearing held by said Board. We also consent that said Board shall proceed to let the contract for do- ing said work in 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, and they shall let the contract for the doing of szid Aork to the lowest responsible bidder, and we waive any objection to the action of said Board in letting said con- tract in a form and manner other, than: provided by law. We further consent that the cost of doing said work shall be assessed a- gainst the different parcels of real estate owend by us as provided by sections E710, 871Ca•e711-Ei 12- 8713-8714-8715.871 b-8717-8718-8719-8720-8721; and all acts and laws amendatory thereof or > supplemental thereto. We further agree that notice given by mail shall be sufficient. notice cf tLe hearing upon the assessments made for said improvement. Given under our hands on the day and year first above mentioned. Joseph Loan & Trust Goi The St BY Georg* II_ AiRRkam Seey & -Tress., APPRO D MAR. 14 ,1923 . FEB. 27,1923 - BOARD ©F P0I31IYaKS = BOARD Dr POLIC ft�ps BY L. B-. SLAUGHTER; SLAUGHTER Presidtnt - BY L' Wednesday March 14th., 1923. Continued. The following communication was received opened read and resolution ordered fbr ssewer on Melkus Court. March 13,1923. Board of Public 'Works, City of South Bend, Ind, Gentlemen: - Complaint has reached this department with reference to an outside toilet on Melkus Court and we have been advised by the owner of the property that there is no sewer available.. I understand that there are two or three other houses that are not connected with the sewer. As I recall our arrnagement last year you would make possible sewer .connection by laying in sewer where no sewer is available in cas a the Board of health make recommendation. This we do in this connection and trust4 tht you will take steps to immediately remedy the condition and because it is in a zone that should have been connected last year and we havealready had complaints by adjacent property owners, Trusting that you will -have this attended to, I am, Very truly yours, APPROVED Board of Health. REAR. 14,1923. By Charles S. Bosenbury. M.D. B0 ARD OF PUBLIC WORKS BY L. B. SLAUGHTER President. Resolution ordered. The following resolutions were adopted by the Board. STREET OR ALLEY III.PROVEMEN RESOLUTION NO. 11�1. Be it Resolved by the Beard of Public Works of th City of South Bend, St. Joseph County, State of Indiana, that itis desired and deemed necessary to improve Main Street from Washington Avenue to Jefferson Street as follows, topwit:- To improve South Main Street from the south line of the Street railway tracks on Washington Avenue to the south line of Jefferson Street, By resurfacing the roadway from curb line to curb line, also by resurfacing certain portions of the streets and alleys which enter or intersect said Malin Street. The material to be used for resurfacing and paving shall be sheet asphalt, bitulithic, asphaltic concrete or brick and the foundation shall be present portland cement concrete foundat&on. Cement curb shall be constructed on both sides of solid street where same is necessary and not already constructed, storm water inlets and conduits shall be constructed where necessary; all manhole tops and storm water In- lets shall be set to the proper grade; marginal curb shall be constructed at all street :end alley intersections where necessary, all as is more particularly shown and all in accordance with the plans, , profiles, detail drawings and specifications on file in the uO.irice or the Department of Public Works of theCity of South Bend, Indiana. The cost of the improve -rent herein pros; ed for, e t a; a; P73A ally intorBRUOU5, o'ball be paid by special assessment to be levied upon tha property specially to the amount that the eai:ap may be lEyv ally assessed therefor, in accordance vritb ,an Act of the Cvaeral t z,—,;ably of the Mate of Inudians, e0[1;d "An Act CoTrcerning Mris_c Nal Cora rirat oh ;" approved March 6, 1906, and lu *aco3danes with and puyw, That go Lthe prbv4low of all .actB a,-_, nd t�Yy and eulsYr *_�1 t�yleto• 'S[�'ha east of all sty(-pEt and si'ir,y 7 :t _ � r � ,, if of t'�o v3{a4h of the irz� r�� - rt�t E°...�- t � -'n 1sroY,s�d to be crap ovol € A Lmt l(c-1;s whic?i run i .to t ` d�) Lot r s , fiaa4 of .sc 1 ' "et or alley "1 , t* r r t y x .:d City, cr upon property not sa , fact to rc+l t t, ' 41 b r 'id -try tLo c y" 11 ut o 1 f d, if ablo to do so, or from a fund ore- &t, .J •by a •t, 1 a s .t tc) 1 i l r t o ct --r 1Q8 of Vieabove entitled Act. h lot, if d _.,., 3, aro to be paid in ten equal annual in stallrsaents, S eth later st at the rate of Six Per $� 1t ;r annum. A bond or bonds will be issued Wthe coo: tractor to tb.e amount of such deferred �. in pro rate payment for such improvementt Under no circumstances shall the city oi isv 1 ' _- d be, or be held for any sum or sums due fito_ 1 vaid property oti-zx'er or o,,= s for said vzori of for tl:e c:'re.*. e� t3' c, "e, or for the payi::ent of rmy beach, ids, certificate or ce t,:-;-t,u, =vcd to s i1 c;^ o: 1 s Y: _t or s�_c_i v7or?z exr .i�t" for t =rt� r- ys as shall have actually b_ela recoiv d by f; r�,,l i ¢cr a xx,.xu� __. st, or Duch rgs as said City is by s id c7titi?d Act , ; a. _ ' 4s `� t; auto r� 1a.irad to payo All p ? n.€,a hard, an work e in f r:;.rt cA a ° 0-:A of p u�e.�•ty, collection of as- .. 't3 2,3'LG�I 7�^Lr .rxC of bo..as t''.5 -far, St,.'_l �C .. �,.��,�,... %Cr xPJ.�ti..,_�A a Ova C<I.•tivd ACt, i1Yld ®CtN f3 :s3E.�it-f t cC;,f cud s„ ,,a... -* 1 t to• llth� s<4 I;n C3: 1 8 F pf p -1c�23 �� .. �y fb ve' fig lox?c t, of t? ins 4 rty, s t 1 r s Y. ttcltl of F, lialpiove 3 _'t, e"d tilr15 c cs i e ail% egtlDsl tghrye e�,�li-a.tc-cl C,�' or r p q y �+ y G j y, 1� k, 1J it tl R�gk. ,. ib 1 �..�.s ) �A !.''t n� c' ail f.. '� tI �� �E1. 1�F i i bF3Chi a7ST i'yi �14 ` 11ni,je3 and mailed in tz1o) r u'xocz.'_2i Ly 1 �. 1W .8 a� in 0, r,944 r(IribuXi!$ 8C News Ti of .. MA noa. 19 � si tla �4.rltO a dad t�R. �°l' a sa a a e s 8 s 8 � s a -s, . its .. ®• . 9 L . B . SLAUGHTER GHTER Attested:- ALBERT F. HONER Veronica C. Sweeney Clrk of.the Board. 7n2 STREET OR ALLEY IMPRQVBMENT RESOLUTION NO. 1.132. Be it Resolved by the Board of Public Turks of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve Colfax Avenue from Michigan Street to Lafayette Boulevard as follows,: to -wit:, _ To improve West Colfax Avenue from the west line of Michigan Street to the east line of Lafayette Boulevard, The roadway of that portion of the avenue lying between the west line of Michigan Street and the west curb line of Main Street and certain portions of the streets and ally alleys which enter ern intersect said avenue shall be resurfaeed. The roadway of that portion of the avenue shall be resurfaced. The roadway of that portin of the avenue bring between the west curb line of Main $treet and the east lin line of Lafayette Boulevard shall be widened to a uniform widthoffifty two and .ohe-half (52-g) feet, and that portion of the roadway lying between the present curb lines and certain portions of the streets and alleys which enter or intersect said avenue shall be resurfaced, and all of that portion added to the present roadway shall be graded aild paved. The material to be used for resurfacing and paving shall be sheet asphalt, bitulithic, asphaltic concrete or Brick .and the foundation shall be portland cement concrete six 06) inches thick for the paving, and the present foundation for the resurfacing. Cement curb shall be constructed *along both sides of said avenue where same is necessary and not already constructed, storm water inlets and conduits shall be constructed where necessary; all storm wester inlets and manhole tops shall be set to the proper grade, cement marginal curb shall be constructed at all steet and alley inter- sections where necessary, all as is more particularly shown- and all in accord» ante with theplans, prpfiles, detail drawings and specifications on file in: th the office of the Department of Public Works of the City of South Bend, Indiana. '.e'he •cost of the improvement herein provided for, exc,m;A stY�>€, fiod €t,I'Wy be 6pu:vial assessment to be levied upon the property specially be efitt , 0 f4@ a ouht that MN 9914e m4y ipg. ally assessed therefor, in' accordance with an Act of the General the wtgte 0 Undit?'pfy e441i64 06An Act Concerning Municipal Corporations," approved March 0, IO Wip anA.. In. 44d p4nu,14 Oe provisious of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, inclining o^e-balf of the r-.idth of the lmrrovems. �t cr ,,_ ®its street and alleys which run into, but do not cross s.=id roadway herein propo ed to be i aprove-1 and thw Y portion of such street or alley abutting u .cn prc ,erty belon-Ing to said City, or upon property not subject to ouch az=si�ent, shall be paid by the City in ca,3h out of its general fund, If able to do so, or from a fund cre- ated -by a special assessment to be 1=::vied under the provisions of Section 108 of the above entitled Act. As-assments of ten dollars anc'. more agaInst Cach lot, if deferred, are to be paid in ten equal annual in- stallments, �wl th interest at the rate of Sig per cent per annum. A bond or bonds will be i, sued to the eon- tractos to the amou4% of such deferred assessn?enta in pro rats payment for such improvement. Under no circumstances shall the city of South B nd be, or be held responsible for any sum or sums due ;irorx said property owner or owners for said worlk, or for the collection of the same, or for the payment of any :bond, beads, certificate or cert: cates, issued to sailj c^r.tr2ctor in payment `or such work, except for such r-cuoys as shall have actually been received by the City from the asses=eats for such improvement, or such. as said City is by said entitled Act and ar ud ...ent and supple -newts thereto required to pay. All L c odh).gs had, and work d6ne in the maMrg of said,t=rovement, asse- pent of property, collection of as- C._ =rents and issuance of b#ds therefor, shall be as, irovided to; din said above entitled Act, and Acts amani1 :s 8hereof and supplemental thereto. lath. ER RESOLVED, !°hat .the Board of Public 'Worker flY, MO < q x �kql rue a A i�i t..., p. r` 9 u .. .. t t.-• a hour of 7, s t o o 3 0 flip oar f l Words, of this City, as the tine P-, A Vwf?a for Vs o 1 �ibIi^ cosNlR�EfltigP o said prepss d x I pr4�6 a said Board of Public Works will 1- -.r all per o;-s inte_•es`ed, or ivhQ;o property -s liable tq �e a c:! for � improveu eat, and will decide v hcther the be refits to the prokC)rty tlabia 6 ass a for ai . Ir rgA , C-;' vilJ. equal the estimated cot the<eof. BE IT FURTHER RF `1L`eT D, That notice of the tune and pY^ee V# s�ch � its �prsieieratipr� {��- liolxed and iled the m _er prowv}�do,, �yy leer. 1�7oti��QQ 0� Ylxf� F tip a � � }x$hod h�• g day, of... .rCA .l.jon the..�liilciay of... e1Via�:cYl.. . •s iu 6oa3tts iena° Trj�j%illle 3 News Adopted thips..ar— ...dayDPPP91V1LiL Ci �e�� a�ee ee o� seas ice} Vll. - L. BOARD OF PUBLIC WORKS. A AB• SLLBrRT F.. rTONER EI? Attested: - Veronica C. Sweeney Clerk of the Board. Wednesday March 14th.9 1923. Continued. STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 1113. Be it+Resolved by the Board of Public Weiks'of the City of South Bend, St. Joseph.County,' State of Indiana, that it is desired and deemed necessary to improve Eckman Street from Michigan Street to Fellows Street as follows, to -wit: - said street shall be graded and the roadway thereof shall be paved; and also the. roadway of certain portion of the streets and alleys which enter or inters seet said street shall be graded and paved. The paving material to be used in making said improvement shall be Sheet Asphalt, Bitulithie,, Asphaltic conafete, Brick or Portland Cement Concrete pavemenet seven (7) inches thick, and the foundation shall be Portland cement concrete six (6) inches thick for the sheet asphalt, bitiltife, asphaltic concrete and brick or rolled gravel six (6) inches thick for the brick, also 'cement curb and cement sidewalk shall be constructed on both sides of said street, manholes, storm water inlets and conduits shall be constructed where necessary, all manhole tops and storm water inlets shall be set to the proper grades cement marginal curb shall be constructed at all street and alley intersections where neeessarys all as is more paricularly shown and all in accordance with the plans, pr.°ofiles, detail drawings and specifications on file in the office of the Department of Public Works of. the Oity of South Bend, Indiana. IM0 W9 of the improvement beret lz?' P #S } t � a e u i 3 d a Y� c f ,:£ ��� t. TL �' ° Wca"21.$asessment to be levied Upon the!, tr $b � ally asses&ed therefor, in accordance wit' 9t1 lei t L"An Act Concerning Municipal Corporatig ,�� li t FSF? x3��.a iu & w YA s L 9raVWorz of aU act, a menda ,WY tan 4 0- `T'he cost of all street and alley inter ectiors, inclu ing one-half of the 771+lth of the irriv roe ,r.�.t wt Tito (treat and alleys which run into, but do Lot crass s.•d rr _d iay h rein propcsei to be I pro�c'd cry! :§hrit, ;jca`ien of s ch street or alley obi tong u .. ss 1;r to s id City, or Upon property not s,_ibjcct to shall be ps.id by the City in c �h cut of .t r nerA fn7d, if able to do so, or from a fFA' A crz- sterl, liy ar c; al as e s° 2?tit to be ? aaed under the p o d io_a 3 of Scetion 108 of the above entitled Act. c: :2�cents of ten dollars; and x ere as;- nFt coca lot, it defer eel, are to be paid in ten equal av,Ytijol an� Qtallments, ;stth interest at the rate of Siz. per, cent per annum. A bead or bonds will be i,, oued to the con- tractor to the amount of such deferred as ^:•..zr::3t � in pro rate payment for such. impra=veme. _t. Under no circumstances shall the city of South .--d E e, be held resporsiblo for any su•na or E.uni s due are said property owner or earners for said wort, or for the collection Of the same, or £or the payment of any bond, beads, certificate or certs9 cites, issued to said c=t,-actor in payment ''or such work, except for such )-:c :oys as shall have actually been received by the City froIM the as> s'_aents for sfxch i provo'u eat, or such r_-.o •ys as said City is by said e,titicd Act and ^r l ezt and supplements thereto required to pay. All z,.-c...oainga had, and work close in the easing of said i,a:oveLent, «sse_7 a ent of property, collection of as - 'ants and issuance of bonds therefor, shall be as providod Tor in said above entitled Act, d Acts amondl lC " esa9f and sr,f plct 1 tL 3reto. L� IT F•i nTITER RESOLVED, Tha� the Board of Pt,l is Works fly, t�©> . e . �� .Mlli........., ..d3y oT .,........a 7 �, n v0 .... t t e hour of 7: S 1'. Td., at the, o'l of P o 3fo� r9. of P�tk�l'p CVorks, of t`h a��E iT;-_ e P11 P%1 for 0,0 of said proposed ianpxcovc-_ P-3A, at said Board of Public ,Works will '~ .r 01 I c<;s int=,:7`eel, or whc-se property is liable to be ass. ' 2d for ca;d improves^evt, and will decide wh, ;'ner the be s its, to toe pro;; ^ity liable to be assct zed for Said jmprc yr r-r_gn t will equal the estimated cost `hc�r cof. BE IT FURER P - al.V,D, Tact leo of the thne and pI^ce ,at ouch +nubile con.stdeY°riiorli e b- 113hcd and mailed in the r er provided : a�v ti hrco of tlni P, t1on 'AMI bo pubjthed on the....;, . �}w day of.. Marc.11. ...and on the .24tlla -y of .. r h. 9. a In thu South Bend Drily Tr�bune ►dol�to�i tip K..�..•o_ . 3�4,a �......... e.. �;p o e b o o �ri..3.� Attested: - Veronica Clerk C. Sweeney of the Board. BOARD OF PUBLIC WORKS & News Times L. B. SLAUGHTER ALBERT F. HONER. By order of the City Controller the salary of the C1erK of the Board was approved as follows: -- For one half month ending Mar. 15th. 1923 and back salary from January 1st., 1923 to March 15th.0 1923 inclusive at the date of S1,S00.00.per yr according to law, amt. of voucher 3125.00 City water Works claim S7046.66 Elgin Street Sweeper Co. 590.92 Engineer filed assessment roil and final estimate fr Grading of Dvision Street from Olive Street to West City Limits, under Improvement Resolution No. 1017. In the City of South Bend, Indiana. Resolved that notices as to the amounts of assessments bar published on the lath. day of March 1923 and on the 24th. day of March 1923 in the South Bend Daily Tribune and News Times in said City, stating that this Boa.rd.will give a hearing on the amounts of such assessM tints at its office.in the Citf hall at 7:15 P.M. _ Resolved, further, that the entire work under the above con- tract be a,ncepted and approved and he final estimate thereon allowed. Attested:- r y� Clerk of the Board. r X- J, U Pr.esiden 4