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HomeMy WebLinkAbout08/13/1919 Board of Public Works Special Meeting MinutesBoard stet in special eons ion at 11: 00 A.M. Mr. H. F, R ast iser absent. The following resolution adopted by the Beard. VACATION RESOLUTION N0. 5091919. Res elved by the .Board of Public Works of the City of South Bend, Indiana: That it is des irable to vac ito the fallowing: Rob hi Ho96 Court as shown on the ; Hec orded Sec and Plat of Chippewa H ieghts; Also the 14 feet alley lying on the east side . of said plat and eatond Ing from a -point 50 feet. south of the south line 'of lot 56 in Second plat of Chippewa` Heights extended east to the north line of Walter Street. Described as follows, to -wit: - _PAg innhig at a pe int 5 0 feet s outh of the s ©utheast c orn r of lot 56 in Sac end plat of. Chippewa Heights; thence -seutli 169.4 feet; thence east 133 Peet; thence south 416 feet; thence west 133 iae*ii thence south 197.87 Faet to the north line of Walter Street; thence east -an the north line of Waiter Street 14 feet; thence north 1Q3.87 foet� thence east -133 feet; thence -north 444 feet-. thence wet 153 feet; thence north 155,4 feet; theriso west 14 feet to the place of beginning. The fallowing property' may be, injuriously or benef ie idly affected by such vacat ion: -- All of lot 57 Second p at *--'Chippewa Heights owned by John J. O'Brien A 11 of lot 58 Sec aaia Plat of Chippewa Heights owned by John V. 0'ir fen. All of 1st .59 Second Plat of Chippewa Heights owned by John J. O'Brien. All of let 60 do do do do All of lot 61 de do do do All of lot 62 do do do_ cio All of lot 63 do do do do North J of the South east * 4 of northwest * of Section 25 Tp. 37 N. R. 2 E. owned by John J. O'Brien. South J of south -j of ortheast -1 of Section 25 Tp. 37 N. R. 2 E. Own by John D. J. Farneman. Notice of this resolution shall be published on the 28th.9, day of August 1919 and on the 4th. , day of September 1919 in the South Bend Daily Tr ibune, This Beard at its off i o , in the .City Hall on the 24th, day of September 1919 at 7:15 P.M. will he r and receive remonstraneos from all persons interested in or .affected by these proceedings, Adopted this 13th., day of August 1919, BOARD OF PUBLIC Attested: - Ver m ica C . Saeeneyq Clark of the Board. G. A. ELLIOTT JOHN F. DEHAVEN Short side 35-1 inch water connee ions at. , , ... 23.00 12. -1 inch water c onne t ions at, ..,... 25.00 4nd to perform all work in the prosecution of said improvement ur diflons of Improvement R+esolution-ldo...6�7_...-_'-.___, adopted by 1 and the plans, profile and specifications on file in the office of the L resolution, plans, profile and specifications are made a part hereof set out herein.at full length, 'he contractor further expressly covenants and agrees that in Will Ord care ­1 ba exercisa<d; that he 1.1 prom rlv ,-•,r ,d p--w and ' 'l use ell d,,e erd p«oper preca.1. . On to or u,._It i.Aiu*y to Iry any iniviry or d.am­,e resulting from t' v� r or res,«�.;.-.g from arising thert�i'mm, to any persc-i or nroper_y, he 'll T'ay.aro lir'.id stttTle `he liability then�ior; and in the evert of any Gain or claims 1 bro-lght the city by reason or oh a ,Count of or grovnng ou contractor will at his own expense defend the same. and will pay an all respects fully indemnify and save harmless said city, its officers "pease, payment or judgment recovered in connection -with Stith < within ten dAys after any such action is begun, the city shall notif} then any judgment rendered against the city shall be conclusive aga era hia construction bond, as to * mount, liability and other matt4 and according to the terms and curs• Board of Public Works .... JA4 9.9,ll 3-tment of Public Works.. which sal, fully and effectually as if copied and the prosecution of said work A.11 prover ,ct all excavations and dangerous places, Jerson. or r,- . rl.y; teat in the event ,g matter or thing conrnctPd thevwitf-� or to the sarne at �is own.expensA, and as. eing made or any action or actions being of sad worl. or its construction, the said judgment. recovered therein, and will in agents or representatives from all- cost aim or claims, action or actions. And ; the contractor of the pendency then^of, nst the contractor and against the surety rs pertaining thereto'. M4 the contractor aj rces to maintain said im.:ro rcr._ .it a make such rgiahirs as may be n�ce§sary fc3r the period and in t* manner as fixed by the specifications, and to ec"re tie rssaintcnass�e aid rep-afr VAOfecif to file with the Bo d of Public Works a bond vrith sufficient surety thereon and in an amount as fiN@d by thio specifications. And in doing such repair work the contractor and the surety an his guarantee bond §ltall be subject to the same liability to the city and any other person for any injury or damage to any perpft or prop= arty in the same manner and,to the same extent as is fixed in the 1st preceding paragraph covering the con= struction work. And it is further agreed by and between said parties that the acceptance of the work provided for is thi§ contract, or the payment thereof, shall not constitute a waiver c n the part of the city of any of the proves= iotts of this contract, nor, shall it release said contractor or the su -eties on his bond fgr the faithful perforv= ante thereof; nor shall the acceptance be prima facie evidence 4f the performance of any provision of thi§ contract, except to the extent of entitling ,the contractor to the c ntract price therefor, The contractor agrees to pay for all labor and materials used or furnished to be used in the miking of such improvement and in the performance of -this contract, whethi r done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve idite of: any allowllnce made on any cstimaw in favor of the contractor or 1 - assigns, or out of the amount him or his assigns upon the compfctign of the wont, so much as nfa- cessary.to pay all laborers oateriai mess for amount# due them for Work done or materials useu .srnished to be used in the prma.nce of this conE tact and the doi€�g of said work, and the county tmasurer, acting as city treasurer, retain money c0lc,t¢d from plrgperty owners assessed for said improvement to pay such debts or usizt contractor 0110,ws tlmt they hiyc been pemd or satisfied T rig eo t a ' e c.i; ; _s tq } e*xfc, asr* i waft . fhe fay --� Shan f3 extended ~ ' r`R J � ��[v .r ata a E � �� a� t # 4 f� tt l e� a iteplon of time, or any alteration f th1s tntfto or bt kht miAl o MIRV i G A orb Aill in f o v,,ay west the duties, obligation or ltebilitl%% of the I wood Mkt Alt VOHfFEkMf, shall not assign this contract, r sub -let the work of any pafl thifle to W 6 1'8110 1� 1 Wit' fit fN rft'en cor::t..it of. the Board of 6lic Works, � 6 hVO4 RNF,� jd and Opuls ed tl??t `.3.t contractor shall give to rS§id@nt§ of paid @ t qhd 0-Hilt 8 tl' s �tfl o Mat of §11 labor necessary in the performance of this contPapt, I A iil1N M 0 I RK M to � �i lie ®um of ten dollars for each fail -are to observe this stipulati , hi all the terms and conditions of this contract, and thiall M be dX�fi 06htfactor the said city agrees to cause the cos of doing suck worn to � #9 9 � 1% UtO 051040t®f In tht manner fixed by the statut governing till' 0 6i � � QVIO e t MOM &Ad WPUlations of this contract, inei' ing all and Affif 191 r4wit, tX s and resolution aforesa4l i�.�id�l';� 9WA lt1ft"*4 0 Ana of such parties. i 1 117, r nu ssemScl a y '� In Test imony Where of, We, the f oregoing named parties, hereunto set our hands thid° 13th., day of August 1919, JOE LUTHER O IT X' Or SOUTH BBRD_, IND IANA . Contractor. BY G. A. ELLIOTT JOHN F. DEHAVEN Its Board of rub 1 io W or ks .