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HomeMy WebLinkAbout04/30/1920 Board of Public Works MinutesBoard met in regular session !at 10:00 A. M. All members present. The Following contract was'a C O'N T R A C oved by the Board. of Public Works. This agreement made this 29t . day of, -April ,1920m by and between Jahn D. Burke and Lillian F. Burke, husband and wife, of St. Joseph County, State of Indiana, parties of the -first part, and the Cit of South Bend, St. Joseph County, State of Indiana-, party of the second part, WITNESSETH: #That for and in consideration of the promises and agreements 'hereinafter contained on' -the part, of said party of the second part to be kept, done and performed _by it said parties of the first part promisee and agree to sell and convey to said party of the second part by good and su ff is ient warranty deed the following described real estate in St. Joseph County, State of Ind isna, v is.: - Seventy -nine (79.) feet east and west fronting upon Mishawaka Avenue by one iundrad'twenty (120) feet north and south taken off of and .from the west end of lots numbers one hundred twenty (120) and one hundred twenty -one (121) in Dunn and Horn' s Add it ion to . the Town of R iverPark, now a part - of the -City of o South Band. For and in conideration of the sum of Nineteen Hundred ninety-eight (1998.00) Dollars to ,,be paid as hereinafter set forth. Party of the second part agrees o buy said real estate .and to pay part i s of - the f irst part, therefore 998.00 (� ) Nineteen hundred ninety-eighti Dbllar� as follows, to -wit:- Five hundred ($500.00) Dollars in cash at the time. of. the exaction of this c ont.ract,` the receipt whereof is hereby ack noavleedged, and one hundred ($100. 00 Dollars on the` lst. day of each and every month thereafter until said purchase price is fully paid. ` Should said party of the second part-, at any time, wish to pay up this contract in full, or make advance payments thereon, and for the regular payments as provided for therein, in all cases, said pr c ipal and interest shall be computed as follows: The principal amount is $1498.00 D llars , the interest shall be calculated in said sum at seven (7) per cent for 6 mos. dulos the,- 29th. day of October 1920. The amount paid on this contract, shall be applied tthe payment of this interest, and the balance after paying said interest or any cost, as here6n providedm shall be applied' as a partial paym nt on the principal of this dbt The principal thus remaining shall be the principal for the ensuing 6 mos. and onhe 29th. day of April 1921s interest on the new pr inc ipal shall be calculated for-6 at 7 per cent, and from the amount paid in during said (5 mos, shall first be dedue ed said interest and all costs arxi charges, and the balance, after paying said -interest or any costs, as herein provided shall be applied as a partial payment on the pr ne ipal, and the amount remaining shall be the new principal for tha following 6 mos and so continued from interest period to interest period, until said debt, with interestm costs, assessments, etc., are fully paid, as herein stated. And the said party of the second part, in further consideration as aforesaid, agrees t pay all taxers and assessments that may be levied, or assessed, on or against said real estate after the date ofthis contract, whenever any such tax or assessment- may be due and payable, and t) keep said premises in good repair and insured against fire for the benefit of the partlies of the first part, in such insurance compnies add for such amount as may be required by the parties. of the first part, together with all attorneys fees and other costs incurred in enforcing this contract for any"diserpaneyon the part of the said party of he :second part, and on failure to do so, the said parties of the first part may take out such insurance and make such pay- ments, -and the sum so paid shall be added to, th principal sum and draw eight per cent interest from date of payment. And said parties of the first part agree that whenever sa' party of the second part shall have paid the sum of $1996. 00 Dollars as aforesaid, axclus ive of interest, taxes, assessments and insurances according to the terms and con ditions of this contract, and shall have fully kept and performed all other agreements 482 herein contained, that the said parties of the Pi st part will then make, execute and deliver yo said party of the second part, a go d and suffIcdent Warranty Deed for .said _ real estate. And it is especially agreed by and between all of the parties hereto that time is the essence of this c ontract, and that if .said party of the second part shall fail, neglect or refuse to fulfill, execute and perform all or any of its promises or agreements herein contained on the day or days herein specified, therefor this contract shall be .and become absglutely null d .void . as to the right of said second party, and all payMentssalre ady made end --a-1l , improvements made on said lots shall be forfeited to said ' part ios of the first part in payment for Pont, use and occupation of said lots, and said panties of the first part shall be relieved here - from without render in them liable in an manner t o said art of the second art or g y party P to any person, firm or corporation for or on ace ou t of any premises and agreements of the: parties .of the first part in this contract contained, and without repaying to the said party of the second part any money . or thing that said party -of oche. seq and pest may .have paid under :this ,contract, and without giving to said .party of the second part any notice of the intention of said parties o 1b the first part to abandon this oontract. Ard the party of the second part agrees that upon any such default or failure it will at oncesurrender possession of said lot to said parties of the first part all improvements thereon. Grantors 'reserve the right !to remove gaagge- building from said ket. Party of the second part agrees to pay the taxes forthe year 1920. _ In Witness Whereof,- the parties hereunto have set their hands and seals this 30th._ day of April -1920. JOHN D. BURKE LILLIAN F. BURKE BOARD OF PUBLIC WORKS G. A. ELL IO TT H. F. R OS T ISER JOHN F. DEHAVEN Communication received from The Austin Western Road: Machinery Co, In .regard to street sweepers. Same read and placed on file. .1 Petition filed for.- the pavement o Rush Street from E. Broadway to H$ady., Avenue. Resolution_ ordered on same. - The following waiver filed and approved by the Board. R64 T. Re iter Anna Reiter Ruth Ward Jay Ward --- 1411 SO.L Rush St. 1411 Sty Rush St. 1417 Rush St. 1417:Rush St. ve. 484" The following resolution adopted b the Board. SIDEWALK IMPRO VEaNT RESOLUTION ISO. 772 Resolved by +the Board of Public Works of' tbe' it of Soutk Bend, St, Joseph County, State of Indiana, ,Tkat it is desired and deemd xeeessary to improve the West side of Portage Avenue from Allen Street to the e. I, & S. R. R, as follows, towit: - BY gradiag said, aveane from the curb line to the property line to the established grade said casstructiug cement sidewalk on the westerly side of said Portage Avenue from Allex Street . to the C. I. & S. R. R. all as is more particularly shown and in accordance with the planes, pr©files, detail drawing and specificati®ns on f`in the office of the Department of Public Works of the City of South Bend, C.jowfan in accordance with ` the h profile, details, drawings and specificatioY on file in the office of the Department of Public Works , of said City; card. -such dmprove&ant is now ordered. The cost of said, improvement, including the cost of street and lley intersections, shall be assessed upon the real estate abutting on said west side of Portage Avenue from Allen Street to the C I. & S. R. R. all according to the method and maer provided for in an Act -'of tyke General Assembly of the State of Indiana, entitled, " An Act Concerning Manciiapl Corporations," approved March 6,19059, and in' acc ordance with and pursuant t tke prev Js ions of all amendatory sand supplemental acts thereto, assed by the General Assembly of the State f Indira. Assessments, if deferred, are to be paid in ten equal annual installments, with interest at the rate of six per cent per annum. A bond or bonds shall be issued"to the contractor 1x payment of gush work, unless theproperty owners pay said aaessment before said bead or bonds are issued. Under no a irate - stances shall the City of South Bend, be, or be held responsible, for any sum or sums due from said property owner or owners,for said work or for the collections of the same,, or for the payment of any bond , or bonds, certificate or certificates Issued to said contractor in payment for such improvemext, or such moneys as said City is by said above entitled..Act Required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act,,hand. Msx amendments thereto,. Notice of this res glut ion shall b-o published on the 5t' h day of May 1920 and on the 12th. day' Of May 1920 in the South Bend Daily Tr ibuue 1kis Board will give a he}fr ing on this resolution in its office in the City Hall on tke 26th. day of May 1920 at 7:15 PM, Adopted this 30th. day of .April 1920, BOARD OP PUBLIC WORKS, G. A. ELLIOTT H. P. ROSTISER JOJW F. rEHAVEN Attested: - Veronica C. Sweeney, Clerk of the Board. City Civil Eng iseer reported on petition for the Vacation of 1st. alley E� Of Xicbigan Street between Ewing Avenue and Sosberger Drive and reports that this is xot a public alley and does not show as same on. record: Excavation bond 'f or the sum of Cne Thousand Dollars s igned by Charles Troger as principal and London & Lancashire Indemnity Company of America as surety was apptoved by the Board. Partial estimate No. 1. allowed Jose h A. Luther contractor for the pipe sewer on Corby Street and St. Louis Blvd. from Notre Dame Avenue t.o .Howard Street at.......,.......... 2,446.89 The following claims were appr07ed by the Board. Salaries Dept........ ,..;...0... ...... 416,66 Ehg ine er°i°ng" De Pt.. 783.33 ° He°r°r° & H°er°r° Cb'. < < 1. 6o Freder°i+cic J., Anderson, ' 52.00 Northern °Ind°iana•. Abstract Co. 5.25 < Peters>on Pr°int.ing° C-o.., ... 45.00 Street & Alley Dept. 49©.00 H. L. Loehr Dec. Co. 6.15' ... , C•.n H°.° De, Freese.. 27.10 South. Bend Supply. Co. 50.50 W, D. � Boyer. . , .. 11.50 MIS 0ellana oars..... , 40.00 M,11 eel1anoous.. , , ... ..... 12.50 Indiana. Bell. Co. .25 Indiana. Bell. Tel. < Co. 3 0. 81 Peterson Pr int ing Co. 32.50 City Hall - 105.00 ° Ind ian a Bell . Te 1. Co 113.72 Northern Indiana HaAlC 2.03 A. H. Heller 65.00 Inddians' & Mich. Elec . Co. 13.66 Tr ibnnb ' Pr iflt 1A9 Co. _ 560.60 ... , City° Cemetery'Dept. 54. i� ° ° - ° ° . west Side ° Hardware , C o: ° 4.6o Chicago So. Bend & No. Indl Ry. Co. 10.00 Lont$ Baos. 26.00 South Bend Spring wagon & Clarriage Co. 4.25 Builders S upply Co. 407.87 460-66 10,00 President. -