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HomeMy WebLinkAbout08/05/1920 Board of Public Works Minutes- 803 Thl=sldlou 1Q7(1 Board met in deferred meeting from August 4.th.-,1g20.. H. F. Ros t is er absent. Hearing h -.d, on assessment roll and final estimate for grade, curb and walk on Lawndale Avenue from Vassar Avenue to South Line of Vassar Park Addition., under Improvement Resolution No. 707. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed in said roll filed July 28th, ,1920 is benefitted in the, amount of assessment as shown on said assessment roll and the Board further find that the assessment roll filed July 28th., 1920 and th final estimate allowed July 28th. ,1920 should be and the same are hereby in all -things, ratified, c onf irmed and approved. Hearing had on assessment roll and final estimate for water connections on Cleveland Avenue from Lincoln Way West to Diamond Avenue, under Improvement Resolution No. 785. In the City of South Bend, Indiana, In the above matter no remonstrators appeared and no written remonstrance was filed., The Board therefore find that the property assessed In said roll filed July.24-0h.,1920 is benefitted in the amount of assessments as shown on said assessment roll and the . Board-#ter­f ird :hat the assessment roll filed July. 28th, should be and the same are hereby in all things, ratified, confirmed and approved. Hearing had on assessment roll and final estimate for water con- nections on College °Street from Lincoln Way Test to Vassar Avenue, under Improvement Resolution No. 783. In the City of South Bend, Indiana. In the -above m ttec no remonstrators appeared and no written Lemon- strance was filed.- The Board therefore find that the property assessed in said roll filed July 20th. ,1920 is benefitted in the amount of assessments as shown on said assess- vent roll and the Board further find that the asss essment roll filed July 20t h. ,1920 and the final estimate there6R allowed should be and the same are hereby in all things rat if ied, c onf irmed and approved. Hearing had on assessment roll and final estimate for Trunk sewer on Diamond Avenue, known as Diamond Avenue Trunk and Lateral sewers, under Improvement Resolution No. 700. In the City of South Bend, Indiana, adopted July 16th. ,1919. In the above matter no remonstrators appeared and no written remonstrance was filed. The Board therefore find that the property assessed in said roll filed July 14th.,1920 is benefitted in the amount of assessments as shown on said assessment roll and the Board further find that the assessment roll filed July 14th., 1920 snd the final estimate allowed July 14th. ,1920 should be and the same are hereby in all things, ratified, confirmed and approved. Engineer filed assessment roll and final estimate for pipe 'sewer on teorge Avenue from Osborne Street to Alley East of Marietta Street, under Improvement Res olut ion N.6. 698, IN the City of- South Bend, Indiana, Resolved, that 'the entire work done under the above resolution and the contract let thereunder be in all things accepted and approved and that said final estimate be allowed. Resolved further that notices in form required by law be published on the 17th. day of August 1920 and on the 24th. day .of August 1920 in the South Bend Daily Tribune, a newspaper of general circulation in this, C ity, setting and fixing the 1st. day of September 1920 at 7:15 P.M. at the office of this Board in the City Hall South Bend, Indiana, as the time and place when this Board will receive and hear remonstrances against the amounts of assessad against each -of the lots and parcels of land on said roll and will hear and determine. Tether such lots and parcels of land will be specially benefitted by said improvement by the amount stated and,set forth in said roll, Engineer filed assessment roll and final estimate for water connections on Kline and Calvert-�),treet`from Lincoln Way East to Leer Street, under Improvement Resolution No. 802. In the City of South Bend, Indiana. Resolved that notices -as to the amounts of assessments shall . be published on the 17th. day of August 1920 and on the 24th. day of August 1920 in the South Bend Daily Tribune, stating that this Board will give a hearing on such assessments at its office in the City Hall on the 1st'. day of September 1920 -,at 7:15 P.M. f . Resolved further, that the ant ire work under the above contract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for water con- nections on Lawndale Avenue from North line of Cushing Addition to Vassar Avenue, under Improvement Resolution No. 815. 2 Inthe City of South B end, Indiana. Resolved that notices as to the assessments be published on the 17th. day of August 1920 and gn the 24th. day of August 1920 in the South Bend Daily Tribune, stating that this Board will give a hearing on� the amount of such assessments at its office in the City Hall on the lst`day of September 1920 at 7 A5 P. M: Resolved further, that the entire work under the Stove contract be accepted and approved and the final thereon allowed. The following resolutions were adopted by the Board. SIDEWALK IMPROVEMENT RESOLUTION NO. 829. Resolved. by Ithe Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, That it is deemed necessary to improve the south side of Sample Street from.Walnut Street to the Washington School as follows to -wit: - Cement sidewalk shall be constructed on the south side of Sample Street from Walnut Street to the Washington School. all as is more particularly shown, and all in Acordance with the plans, profiles, detail drawings and spec if icat ions on file in the Office of the Department of Public Works of the City of South Bend, Indiana. The cost of said improvement , including the cost of the street and alley intersections, shall be assessed upon the -,real estate abutting on said. south side of Sample Street all according to the method and manner provided for in an Act of the General Assemb y of the State of Indiana, entitled " An Act Concernig Municipal Cornosations, "approved March 6,1905, and 'In accordance with and pur- suant to the provisions of all amendatory and supplemental acts thereto, passed by thw general Assembly f the State of Indiana, Assessments, if deferred are to "he 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 contract in payment of such work, unless the Property owners pay s*91d assessment before said bond or bonds are issued. U der no circumstances 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 c cllect ion of the same, or for the payment of any bond, bonds, certificate or certificates, issued to said contractor in payment for suph work except for such moneys as shall have been actually received, by the City from the assessments for such improvement, or such moneys as said City is by said above ent itled. act required bb pay All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments ans issuance of bonds therefor shall be as provided for in the said above entitled Act and amendments thereto. Notice of this resolution shall be published on the 7th. day of August 1920 and on the 14th. day of August 1920 in the South Bend Daily Tribune, This Board will. give a hearing on this resolution. t its office in the City Hall on 'the 21--th. dayy of August 1920 at 7:15 P.M. Adopted this 5th. day of August 1920. u BOARD OF PUBLIC WORKS G. A. ELL,IOTT Attested:- JOHN F. DEHAVEN Veronica C. Sweeney, Clerk of the Board.- Thursday August 5th. , 1920. Continued. ,1. *SIDEWALK IMPROVEMENT RESOLUTION NO. 831. Rasolved 'by the Board of Public Works of the City of ,South Bend, St. ;eoseph County, State. of Indiana, That it is deemed necessary to. improved. Wayne Street from St. Lod -Is Boulevard to the first alley west of St. Louis Boulevard as. follows, towit: J. By constructing cement sidewalk on both 3 ides of Wayne Street from St. Louis Boulevard, to the first alley w&st of St. Louis Boulevard, all as is more particularly shown and all in accordance with the tplans, profiles, detail ,drawings, ,rof ile on file in the office of the Department of Public Works of the City of South Bend, Indiana, in accordance with the profile,, drat ils, drawings ands spec if ieat ions on file in the office. of the department of the Board of Public 'forks of said Cityl and' such improvement is now ordered. The cost of said improvement, i3acluding the cost of street and alley intersect ions, shall be assessed upon the real estate abutting on said Wayne Street all according to the method and. manner provided for in an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning 1,4unicipal Corporations, " approved March oth'. , .1905, and in accordance with and pursuant to the or visions of all amendatory and supplemental acts- thereto, passed by. the, ��eneral Assembly of the Statw of Indiana. Assessments , id deferred, are to be paid in ten equal annuall installments with interest at the rate of six .per cent per annum. A bond or bonds shall be issued to the Contractor in payment of -such work, unless the property owners pay said assessment before said bond or bonds are issued, Under no circumstances shall the City of South Bend, be, or be held responsible, for ,any sum oe sums , due from said property owner or owners for said work or for the collection of the same, or for thepayment f any bond or bonds, certificate or certificates, issued to said contractor in payment for such work, except;for such moneys as shall have been actually received by the City from the assessments for such improvement, or'such moneys as said City is by said above entitled Act required to pay. All proceedings, had, and work done ir.. 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 and amendments thereto, Notice of this reslution shall be published on. the 7th. day of August 1920 and on the . 14th. day of August-1920, in the South Bend Daily Tribune This Board will give a, hearing on this resolution in its off ice in the City Hall on the the 25th. day of August 1920 at 7:15 P.M. Adopted this 5th. day of August 1920. . . o Attested: -- Veronica' C., Sweeney, Clerk of the Board. G. A. ELLIOTT JOHN F. IDEHAVEN Board of Public Works: 0 Thursd t 5th. q LOCAL SEWER IMPROVEMENT RESOLUTION No. 830, ?des olved by the Board of Public Works of the City of South Bend, County Of St. Joseph, State of Indiana, That the construction of a local sewer , intended and adapted only for local use by the -property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral drains, -be and ,the same is hereby ordered in grid along Werwinski Street from College Street to Wilber Street as follows, to -wit:- Beginning at the intersections of the 'center line of College Street _' and Werwinski Street;. thence east along the center line of Wdrwinski Street to Wflbe Street with a 12 -inch vitrified pipe sewer, together with `the necessary manholes, storm water inlets, conduits, and 'house connections to the curb line along the line zf ;of said improvement, all as is more particularly shown -and all in accordance eith the plans, profiles, detail drawings and spec ific i2t ions on -file in the Office of the Department ff Public Works of the C ity, df -South Bend, Ind iana, and said sewer, with -ail its aplrttttena.nets she 1 �e caastiu a act�o^datl {he noFr on 8de in -the oiic�e' oi? 4. Ba 3t a an@ spee3floatieag ke appartic+ed''agai?st and p`': he D-, of boldercr is 07-t3, "`Tht-co§t of I,a3ti'Y�pxovesnent elilsii South Bead if . he Ci pa d by the A'o erty ?o3ders wifoee prate � a 6 fih4 area, Aed 'lion -the City d3 t y is benefited by sad Imi ovement, all accord st,� to IN metho3 ^nit ntaa ;Provided tor In Act of the Ger!e al Assembly of the St6.e -of Indiana entitled "An icy Goasern; �'uni. �� approged ll�ercb 6. 105. Assessme2ts. '{ �de£erred, are *� Le aid :n tab "1 Corpartitiass, terest at the rate of Six per cent per annum. A toad or bonds shall be en. equal aUnnei djtkAjj feats, With In_ Work, unless the p, operty .cw sees p � said asses . a zed to the contractor f:i payment for circumstances stroll the City of South Bend be or be bald rats before paid bo,ad. or bonds are 'issued. Under no arty owner or owners for sped ,work. or for the coll"tioa of same�eRrfltc tbsnoaymant of anSums ® bond or from bonds, have been a ually certificates.,sated to s^i con mart-b,_ such work- e$cepL for such moneys as shah have been actually received b the City f7, txae or is n3v City is by said rbove entitled y gym, the asse -roce for cruel} improvement, or such moneys as said ed Act reuuired to pay. All nroeeedings had, and work done in the making of said improvement, assessment of aroperty, collections of asesssznenta and issuznd of bonds therefor, shall be as provided Pox in said above entitled Act. ce of this resolu on Chad be published •_.._.. day of ..... Diu us�t p a n the----__.th Au us t 1 20 t -day of.............bune..........12.,.....a "�'---- ------------19__�Q_., iZ the South ]3.,nd Daily- Tribune. don the hearing on this resolution at its office in the City Hail on the__ ____�. This Bogrd Will give a 3' at 7:15 P. X b+-------day of _.....Au#,Tuo t....... ........ Adopted this! _ ka.,.:.. ..... day of ......................... August 1g20, BOARD OF PUBLIC WORKS. • A• ELLIOTT JOHN F. DEHAVEN Attested: - Veronica C. Sweeney, Clerk of the Board. Plan of New Jersey, Indiana & Ill inis R. R. Co. proposed relocation of manholes inlets and fire plugs etc., -approved by the Board, • Partial estimate No. 1, for the Kline and Calvert Street pavement Improvement from Lincoln tray East to Leer Street was approved by the Board, l F e olutlo or f Service Connections with Mains No.' 834. WHEREAS, the Board of Public Works on the ...239d..... day of..'. June..z921)., 192 ... 1>Ualnut Sfi,r�et did aiopt a resolution ordering and requiring the permanent improvement of .. .. .. ... . i f Street from ...,.Sample. Ztr Ua'l'r • • • .. Street to Ind Una ♦ • AK o e., Street, by paving the roadway the same, and l' - WHEREAS,. the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of the service pipes, mains,- conduits, lateral;, and connections which are, or will be necessary to accommodate the abutting property and the owners thereof with gas, water, sew-ey, and other ;conveniences and necessaries: and also sard city Givil Engineer has prepared and filed in said office specifications showing the material to be used and thenaner of laying said service pips mains,' conduits, laterals and connections from the mains to the points in- side' the curb lines. T'HERE, be it resolved by the Board of Public Werkes of the City of South Bend, Indiana, that the report of ke City Civil Engineer is adopted, and sa`d report ar.d- the specifications prepared . and Ned by him are made a part of this resolution as fully and effectually as if copied herein at full length; and it is fur- ther ordered that all of such private connections with the sewer, gas, and water mains be made in said street by bringing them inside the curb lines thereof. And be it further, resolved that notice by publication for two succc ssive days in South Bend fir' ijjan �' , a newspaper of general circulation printed and pub] shed in the City of South Bend Indiana, be given to the owners of the property abutting upon said street to be improved ' directing them to make such sewer and water connections on or before the 3 nth. day of August 1920 t 192 —, and that if said connections are not made on or . before said time and in accordance with the speci- fications and report on file in the office of the Board of the Public Works, then said Board will cause the same to be made and will asses the cost thereof against the property abutting upon said street, and shall do all other things pertaining thereto according to the provisicns and requirments cf Ordinance No. I642 adopted n by the Common Council of the City of South Fend on July 24, 1916, and cf all other ordinances and law relating thereto. And, be it further resolved and ordered that after the 20 -day period has elapsed for the making cf said I connection; ^by the property owners, a notice shall be published for two weeks, once each week, in the South Bend--�"` ` , a newspaper of general circulation publ'shd in said city, requesting bids from contraetors for the making of such connections as have not been made by the property o% ners, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids shall be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas and Electric Ccrrpany, %hich holds a fran. chile from, and is eniowarei by said city to furnish artificial gas to the citizens thereof, and is engaged in said business is stiff city, is h:re'v directed to mike and install all service connections ' with its mains in said street in accordance ,_with the provisions of Ordinance No. 1555 adopted June 27 1910 and such other ordi- nanees or laws applicable thereto; Khich ecnnecticns are shcHn trcn the reFett of tle City Civil Engineer, and which. are hereby -declared to be necessary in supplying gas to the owner of ,,prop . erty abutting upon said street. Tbnr►c da_y a„aust 5th lawn inn:. i, 4-4 Relerolution for 0 Service Connections with Mains WHEREAS, the Board of Public Works on the � 1 ,'.. , day of June 19211 192 .. did adopt a resolutioa orlering and requiring the permanent improvement of Diamond Av* rue = + Street from ..... Lincoln Way Wes •�� Street to.e• .b l a Cush ngs A.dd�t ion. ..... . Street, by paving the roadway the same, and .{i. WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of tte service pipes, mains, conduits, 'lateral;,and connections which are, or will be necessary to accon-mcebte 'the �f abutting property and the owners thereof with gas, water, sewer, and other conveniences and necessaries: and alco said City Givil Engineer has prepared and filed in said office specifications showing the mater'al to be used and the maner of laying said service pipes mains, conduits, laterals and connections from the mains to the points in side the curb lines. J THEREFORE, be it resolved by the Board of Public Workes of the City of South Bend, -Indiana, that -the report of the City Civil Engineer is adcpted, and sa'd report and the specificstior.s prepared and fled by him are made a part of this resolution as. fully and effectually as if copied herein at full length; and it °r they ordered that all of such private connections with the sewer, gas, and water mains be m iii said street by brinjW "them inside the curb lines thereof. And ---be it further resolved that notice by plblication for two suM, ssive days in South Bend Tr ibune a newspaper of general circulation printed and publ shed in the City of South Bend Indiana, be given to the owners of the property abutting upon said street to be improved directing them to make such sewer and water connections on or,before before the — 3 0 t h • AU gnS t 1921D _ day of 192 —, and that if said connections are not made on . or before said time and in accordance with the speci- fications and report on file in the office of the Board of the Public Works, then said Board will cause.- the some to be made and will asses the cost thereof. against the g property abutting t pcn -said. street and: -.shall do all other things pertaining thereto according to the provisions and requirments cf 0411&ncew -JN1' 1842 adopted by the Common Council of the City of South Bend on Jely 24, 1916, and cf. all c+hEr '-crdinances and . relating thereto. And, be it further resolved and ordered that after 'the 20 day period has elapsed far the snaking of said connection by the property owners, a notice shall be +' pub.ishad for two weeks, once each week, in the South Bend a newspaper of general circulation publ'shd in, said city, requesting l bids from contraetors for the making of such connections as have not 'been made b the I Y property owners, and such notice shall fix a day, not earlier than ten days after the first of such publications , _ wh en bids shall be opened and a contract let for the doing of said work. And be it further ordered that the Northern Indiana Gas and -Electric Ccrrpar:y, which holds a fran. chise from, and is en»warai by slid city to furnish artificial gas to the citizens thereof, ;and is -engaged in said bmines3 in siiJ city, is h:reSy directed t:) mike and install all service connections with its mains in said Street in accordance with the provisions of Ordinance No. 1555 adopted June 27 '1910 and such other ordi- Stances - or laws applicable thereto; 'Hhich ccnnecticns are sh(mn tpcn :the. repcit of Ile -City Civil Engineer, and which are hereby declared to be necessary in supplying gas to the owner of property abutting upcni said street. Adodted this Sth. day of Angus t 1920 ,1.92 PUb 1 is at i ons : - C. A. t�,I1 TT August 9th. And 10tho s l,920. Exp ira,t, ion of t im, Au ;ems t' 3mth9, 01920. J00 F. DEHAVER Board of Public Works. ' i ,� _ a xF^t n 1 �n e E • 'tom ��''�� ��' � '��.� .:� -.- .t`' ',._. a -e z. WHE,REA$, the. Bog. _of Pubfio �works,,on the,= 1 d _n�o .L :.a xesolutioa .:or ienri aird fiecoicn ` th'. ermaneni im s ` 4„ di p g' 8 p provtment of - ,.x . � i ► " f .�.:... . . Street from M is iga ri .. a. ......Street to . RuBh Street, by paving the roadway the same, and - I WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a reportshowing the number and location of tire�service pipes, mains, conduits, lateral„ and connections which are, or will be necessary to accommcebte the abutting- property and the owners thereof with gas, water, sewer; and other conveniences and neccssaries: and aleo .Said City Givil Engineer Chas- prepared and filed in said office specifications showing the materal` to be used and the maner of laying -said 'service pips mains, conduits, laterals and connections from the mains to the points in- side the curb lines. THEREFORE, be it resolved by the Board of Public Wcrkes of the City of South Bend,, Indiana, that the report of ;the City Civil Engineer is adcpted, and sa`d report and the-pecificftiors prepared and Urd by him are made parkof :this resolution as fully and effectually as if copied herein at full length; . and it is fur- ther ordered t all `-of suvh` pY vate connections with the sewer, gas, and water mains be;. made in said street by bringing them inside the _curb lines thereof. And be rt'; urFfief� resolved that. notice by publication for two successive mays in Soutli Bend ,n+••;�,.at rse*vspaper of general circulation printed and publ shed in the City of South Bend, -- - Indiana, be given to the owners �` of the property abutting upon said street to be improved directing them to make such sewer and water connections on or before the 261h, day of August 1990 • 192 —, and that if said connections are not made on or before said time and in accordance` with the speci- � --j fications and report on fife' in the office of the Board of the Public Works, then said Board will cause the same to be made and will asses the cost thereof against the property abutting epcn said street, and shall do all " other thingsµ>pertaimrtg: thereto according to the provisicrs and regairments cf Ordinance N\ to = 1 E42. adopted by the Common Council -of the City of South Bend on JLly 24, 1916, and cf all other .Crdinantes and law relating thereto. And, be it, further resolved' and ordered that after the 20 day period, has elapsed for, the making of said connection by'the property owners, a .notice shall be published for two weeks, cnce each week, in the South -Bend. -.. TI' ibIAM a newspaper of general circulation publ'shd in said ;:city, requesting bids from contraetors for the making of such connections as have not been made by the proF-grty ou ners, and such notice shall fix a day, not earlier than ten days after the first of such publications, Hhen bids .shah be opened and a contract let.for the doing of said work.. And-_ be it -further;: ordered that the Northern Indiana Gas and Electric Company, %1 th holds a fran- chise from, and 'i3 en»waral by said city to furnish artificial gas to the citizens thereof, and is engaged in said busiae3s in siil city, is hsreiy directed to mske and install, all.. service connections with its mains in said street in accordance with the provisions ,of Ordinance'; No. _1555 adopted June 27 1910 and such other ordi- nances or - laws applicable thereto; Mhich ccnnecticns are sl:cHn _tpcn .4c rcpert . cf -tl e,. City Civil Engineer, and which are hereby declared to be necessary in>'supplying gas to the owner `of property abutting upcn said street: R,!e Adodted this � s—� daY 4 i &W S ft 1 192 Y , G. A. MUI®TT ,Kxpirat Ion of t Ins, An, 26th. * x92s, rub I ie 9t ions. Au€a h, t abad 1920, _ - Board of public Works .. r C } sday August 5th. -1920 Cont n ud - PTTBLIC DROVE ENT CONTRACT. THIS Aa-REMIZRT - made and entered, tine this 5th. day of August 1920 'lly and between Joseph. Juthe" of the Count-,r a' St.. t?^seph arxd St.ats. of TAdiana (hQr- inaft.er re#'errled. tQ 'as the " Contractor"- ), and the City of South Bend, in the County of St. J,084h -and State or Tndier*-, by ,and thrPl)17l ie forks (here , tr9n Act of t� General As-embl- of the State of Indiana, entitled " An Act Coriearning Municipal Corporations approved lalarch .6,1905, and all amendatory and supplemental acts thereto: — Witnesseth, that the contractor. covencnts and agrees to construct sewer taps on Jefferson Boulevard from 121,9t W. of ' Sunnys ide Avenue to 0-reemlawn Avenue, in the City of South Bend, Indiana. Ind to perform all work in the prosecution of said improvement under and according to the tents and cog, ,ditions of Improvement Resolution No _. adopted by the Board of Public WorkQ -and. the plans, profile and specifi at ons on ille in the office of the iDepa.-!meat of Public Works, which said resolution, plans, profile and specifications are made a part Hereof as fully and effectually as if copied anti set out herein at full length, _ The contractor further cmpresdy covenants and agr es #bat in the prosecution of said work all proper skill arid care 17i11 he eatGrcisej; ttat he :='1 f o-�^ d �; � ^rt all e ca rations and dangerous places, and *111 use all dui av ""Oil t3 person Or I„^erty; that in the event of. any injury or datin.Ti r�sulti;:g fl ,= th or r � 'r�rn v �^�t*-�r or think cnnr.ectPd therc;vi�h or arising therefrom, to any per^n-t or t� oiler}y, !? 11 *�?.v �_« l:� �datP tb es,, eat his own expense, anda5, fume the liability therefor;'a :d in the e ent of any ,.IA*ra or clr.irls bring made or any action or artionsbeing brought against the city by reason or on r ^n 1;it of or growing ottt of s-v. d vrork or its construct'ion, the said contractor will at his own expense defend the same, and will.pay any judgment recovered therein, and vrill in all. respects fully indemnify and save harmless said city, its �dkiccrs, agents or representatives from all cost, expense, payment or judgment recovered in connection With such claim or clainis action or actions. And f within ten days after any sttch..action is begun,, the city shall notify, the contractor of tic pendency thereof, them any judgment rendered aggainst the city shall be conclrsive agtilinst the contractor and against the su:re,y on hb co struction bond, as to th ,,monnt, iiability and other r_ratters pertaining thereto. And.the comractVr agrees zmtea maintain said improtfI -Aent_ d real:e such r�� F; hA �c� be fif�lfb�sJt1� �@ fps cried and in the snaer as fixed by the soperficafxor1s, and to secure tilb MIAMAnes oe aIr t1�ePe� M #19 with the Board of Public Works a bond �v,th sufficient aurety thereon and 11%"aulaunnt #A xed b the gpecifica,tfons, And in doing such repair work the contractor and the surety on e st:t joct to the-saY 9 �' guaa�-1too bond ®ham 1 be liability to the city snit any other erson for any injury or damage !@ any pared f prop. arty n the farm maitrter and. to the saY�Le ey;tea�,t as is fixed sal the l,,st prcc;A111 Para grwph goyetrfnI to eon. struction work, f And It is further agreed by and b tw n said part',=s t"kAt flke srYcpl @ t a' yol. pOtl of !it thi9 sroulr Fl, ®r , e a macnt thereof s, a viaiver o,i tlfe �; .t di tciA City o 19@y of fhb p vls p. Y ,11 not c i�,ttttltn F �: + ie+ s @# thls eentMct nor shall it release said coltt� ctur or the srt odes on big bond LAr � aitji ftj c 01viv sut:e tharpo;l,.nor X-11 the acceptarce be p,..: a facie evicie:ice of the perfdst;}Once 6 Any t'cvlsio tOntt'1ct, except to the extent of entitling the contractor to the contract price therefor, t� � �� liild `f'lte caretractgr tees to pay for all labor and materials, used or furt�fislsed to be ' #43 In ��s �jr1�' 61 etl@h laPrOVekM t, Sr.� in the perfor3 lance of this contract, whethbr dotter or fitrnl�ttcd �Af► l}lM of�/ a�:ente feQa suecessOr Or subcontractor and the city may reserve out of any Itpowfinds fsdd � estlf�sie >j>s fad ®# the a tra�Gt�r or ' ^ assf s, or, o 1t -of the C moufit due him or his sssi g upga tbd d@fftplail k @ the >Pk, so taster: as Ma- ce ryto Psy all laborer; or material met} for skichAft it I# ' den@ >�a rialg use �r :urnished to be used in the p-rfoiitmuce of.this e?fttr fill aid work, -sad the lcty`treaserer, actiar as city treasur6r, spa t��as'n tne�ey col# d �rs�� dtity 8�M "3ad tat' said! srzigror�erzcz2*_ -to p zy 51*c'I dcbts Cr far,-tfl $ ce5=�f:rfactulf thaw§ # � d %€efl The contractor a • eAs to remoall rz,ka shi a-krth, and un+�s,scOnaterial ix the streets or sedo# fbcr" upon the contpletion ,of the improveniy it or the repafrin$ thereof.: The work of making such improvement shall be Wore the........ coveted according to the terms of this conts�aet on or ......... ...................... . .... ....dam unless the time for the completion of the sane enti....."in...................... . ... ..."....."..."..�.. ......:.......� 19.....,..., . shall be exteneied in writing by the -Board o+E Publ�C :Works, And it is agreed that'Iny such extenQion of tune, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the dutie ties, s;-obligations or liabilities of. the contractor or his sure - It is agreed that the contras*or shall not assi;;n this contract. or, sub -let the work or any part thereof to be done hereunder, without the written con,,.mt of the board of Public Works, It is further agreed and stipuleE A that tg, contractor shall -give to .residents of said city and cotfnty preference in the employ: -tent 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 fai•lure;t6 observe this stipulation. And upon the. performance of all the terms and conditions of this contract, and things to be done and rerformed by said' contractor the said city agrees to cause the cost cf doing such work to be assessed, col- ected and paid to said contractor in the manner fixed by the stAtute governing the making of fuck improve - stoats. To each of the 'conditions and stipulations of this contract, including all and singular the provisions and `terms of the plans, profile, specifications and resolution aforessI the undersigned biAds himself or ftocif, and the respective successorAr assige:S Cf sucn pArties, In Testikon-y W4ertof,,..Ve, ?.the foregoing namdd parties, hereunto set our hands. this 5th day of August 1920. • JOE .A. • LUTHER CITY OF SOUTH BEND# T DIANA: .. Contractor. BY G• A. ELL IO TT JO HN E. DEAAVEN Its Board of Public Works. 811 t A. Luther'at, •Contract for water connections on High Street awarded to Joseph. . ........ 194.50. Contract for water c onnect ions on Beale Street awarded to Joseph A. Luther at ..............:.. 395.04 , r, - o - ' The following budget was prepared by the Board and referred to the Mayor, City Controller and the Ways and Means Committee of the Common C ouha it of. the City of South Bend, Ind iara. We herewith submit a summary of the probable expenditures necessary R for the ma,intex�ance, o the, �Ljf ' . rnt departments of the BoaM of Public Works for .the enauing yejar of. .1.921,,. us. follows: - Salaries ........... ... ............0.......$ 5.500.00 Engineering ................................. 25.000.00 Street and Alley...... ...................... 60.000.00 garbage ............... ..................... 20.000.00 kiscellaneous .............. ......... 10,000.00 City Hall..... ....... ........ . ............. 9.000.00 Printing .................................... 3,500.00 Cemetery...................................10.000.00 Street Repair. ....,................ ....... 30.000000 Street Intersection.; ............... .,..,...4,100.1000 000 Buildiryg...,.. .......................... 15.000.00 Water Fund ...... ...................0........ 60.000.o0 Street Lighting Fund... -P 0 0 0 . . . . I . . 0 . 0 . . 0 q 75.000.00 $ 01.000.00 Plat of South Bend Industrial Add it ion approved as Annexed Plat of South Bend Industrial Add it ion to the City of ,South Bend, St. Joseph' County, Indiana, is situated in the South East one Quarter, Township 37 North Rane 2 East, and is described as foliow-s: - Beg inning at the center of Section Fifteen (15) Tp. Thirty seven (37) North, Range Two (2) East, thence south along the North and South Center line of said Section 15 a distanc of 1320 feet, to the center line of Calvert Street, thence East along .the center line of Calvert Street a distance of 573,85 feet to the west line of Carlisle Street, thence north along the West line of Carlisle Street, a distance of 1320 feet, to the East and West center line of said Section 15; thence West along said East and West Center line of Section 15 a distance of 569.4 feet, to the place of beginning. Containing 120 lots, numbered from 1 to 120 inc lus ive . The d imens ions of the lots, streets and alleys are shown on the plat in feet. All streets and alleys as shown on the plat are hereby dedicated to the pub 1 is highways. J. E. NEFF, Trews. & See. State of Indiana ) St. Joseph County.) SS Before me a Notary Public and for and in. said County and State, came J...E, ireff by its Tr as. and Secretary, and acknowledged the execution of the above plat. In Witness thereof, I have hereunto set my hand and seal this day of August 1920. ' ADELE M .. TILLS My Commission expires March 20th.,1922. Notary Public. PUBLIC IMPROVEMENT CONTRACT. This Agreement , bade and entered fin. this 5th. day of August 1920. by and between Joseph Luthor of the County of St. Joseph and° 9ta,te - of ° ind1A iA * ( here inafter ° referred to as the " Contractor" ), and the 'City of South Bend, in the County of St, Josef)h, and State of Indiana,' by and.-thr�'ough its Board of Public Works (hereirr- after referred t,o as the " City'. , _under, and by v liras `of 'e>m°A t ° of the *General Assembly of the State of Indiana,, entitled " An. Act Concerning Municipal Corpora- ationa; approved March 6,1905, and all amendatory and supplemental acts thereto: - t Witnesseth, that the contractor covenants and agrees to construct stater connections on Jefferson Blvd. from 121,9' west of Sunnyside Avenue to ureenlawn Avenue, in the City of South Bend, Indiana,: at and for the following prices: - 19 wart r connectipns on the ,long side /+5.95 37 Ghat r connections on short side, each.,:.,.". ... 3O. C0 and to perform. all work in the prosecution of said improvement under and -according; •tu the terms and cQa- ditions of41mpr3vemet1t' l?ee'solufiori lio ° ° ° ' ° ' ' ` --_-..._.r__.___.___, adopted by the Board of Public Works and the plans, profile and°specifications,on,file-m,the office o£'tite'Department of Public Works, which sat2 resolution, plans, profile and specifications •ajrg made a part °her set out hdrein at fulleof as fully and effectually as if copied and Length: The contractor further,exptes'�ly c4veffii is Ud agrees°thatin'th. prosecution of said work all proper 4. skill and care .}},�e exerci ea, th all'. excavations and dangerous places, and Will uSe all 4Ue and proper precaiitilon to pr <. ,1 t^+L �/ `� ry nCfySQn, Crr p^?rtV,-tiler 1'1eV�`"it � an in ur or dama- ge , • � +� �;„ `' Y 3§ ge r isu"i T . l °> or'Tn^ t fr'lm '! �y ,. +ttr or thin c'onn0!ct,, t d thrre�tvi h or � arising therefrom, to a,ny p;r„ ° ; or, r .,,, r y. i�l n�v �.: i a . •,ante .+.�•s• -ne at is oven expense, and as. sume the, liability therefor; and in tl�e client of any claim or cla+ms be ng°rn�dr or any action'or actions b nv brought against -the city by reu.gon'cr'oh*a'Hdun.f of or°growing out of ss-d vZIrit or its. constrtiction, th, say contractor will at his own e?cpensc clef ;r4the :ame. aid, wiil.poy any judgment recovered therein, and wi it in all respects fully t;',4detnnify and save harmless said .city, its olfioers, agents or rearesentatives from all cost,,,:T;, expense,•payr0nt1-br radgTe-eht tecbmiefed'in'corlriectidn viilh such claim or claims, action or actions. And f �- within ten days after aany svgh,ActiQu is,hegurt, #ti- aity.shall notify -the e�itractor of the pendency tl er­ -f,._ than any 1udgme'ni rendered against the city shall be conclt±sive aonst the contractor and against the surely , An his eon�tructipn bor�l. ss.to.t. o �m®iznt, fin%�iiiEy am3°ath�-•ezzatrefs°Ffettainisgt�hperetyo�, Aild Vie conxracto., aTtLOC. 3'.I-Xa' 10,zul-$ai4usi'o;.'.. . .lt1� � 4e fi1�� -.�' �i3 �. V pia ��::1F± �� �?����c� � %�•• !si_tf3C mauner as fixael >m� IA i kli t?�i� I SO% the Beard of Public Works a v itA %�X kff ; � M 01 And in doing such t�pazr irk t e�ti�oillY �c - BEfi�ti� Mork. And it is further agreed by and between said part' that the acc}�t�il��iA IR AN tract, or the payment thereof, strJll not a®nstitute a waie>~ ®h the Pin l 1 lom of this contract, nor shall it release said contraagor or the siiFt�sj Bil his, g9 � - &Bee thereof; nor shall the acceptance be prima facie evidence of the a.ft®ffil hes hf h fe i iKFAR cesttraet�.except to the extent of entitling the coiitrttct®ii t® theofl€fa fl�s iEf�®f: The Contractor agrees to pay for all labor and miteelal6 pled op japflgh d f, a tiled IN the TRW f spoil Improvement and in the performance "of this c�tts'actti;_ia�sihet dame ®f` iirfilll�� �6f Kiil Oi=l1 .� ; agetgtte®, successor or subcontractor; asid- the city may resarva Qqt- 6. a}ly ����il�� ��� � dh , 61 in favor of the contractor or t assigns, or out of the &l�mtitlf 446 . film 'if �g it } } vail of the work, so much as mat cessary to pry till labanti. of Vitteff i.. h ��f � � � � work dons, or materials usea or iurnished to be used In the peffefn o f}i}i 68 6 f f I d wok, * d the county treasurer, acting as city treastttef, fn& , fetiaq lff8}l , �r . fad e,N'ToWra assessed for said improvesnept to yay, .spelt debts 6f� ttt!'i brf. �, NA wed i .e eoa•-a c:%a ,gees to reme sit u",o:�n, earth. and unnseo Material jit the ,streets, of ;idea there of upon the mnpletion of the ipprovemcrg or tho- repairing -thereof - The work ,of making each improvement shall be con }*tc . aecq�dtug to- fete terms of this contract on or before the - ----- -- ------------y _...:_ _ ,.... •-- 19....... " unless the time for the completion or a $ar eAall lie extended in=writi ig by the iloin of Public Works And it is agreed that.ahy such e_ktenslon of'tin�e, or.any alters±iota of this contract or of the manner or meth od._of doing such work ¢hsii in nq-}leaky affect the guties obligations or. l abiiif es of the contra-ctor.or his sure- tie� . It, U agreed t'ktat Elie cotractor shad .tmt'ass't�n.this contract; or sub -let the work or any part thereof to be done.:Aeriunder,• w -1*1,t °tire "Wrlitei co s nt of the Board of P;±blii Works'. i further agreed aril" scapula` �l the+ }�,, contractor shall give to residents of said city and county preference itt_the .crt pioyrnctnt of all lat�ot necessary in the performance:of.this. contract,.. and failing to do, scIj: shall for #Q:the city the Liar Often dollars f®r each fail a fo observe this stipulation. And,uparl a perlormance ,of all The terms. and i onditiotis of .th+s contract; -and things to be. done and erformed'�y 4atd kontt-actor the said -city agrees to cause °the cost .bf doing such .work to be assessed, col ected and paid to said_ contractor in the manner .freed ter the statute .governing tt a making of such improve - meats. To e7it Q rile Conditions an(t"stipuiations of this contritt including all and singular the pfovisions and jehns ot,, a Mans, fir., ile,' pec�+ficattons>arid-tesolution aforesaid, the'undersigned binds himself or itself, and the-, respectivesuch essor or assi ns of such parties, In Te g P.stimony Whereof, _ We the fore�oin named arties hereunto o set;. our hands this;-,5.th, day of August -19206 A. LUTHER CITY OF SOUTH BEND, INDIANA. Contractor, . BY Li. A. ELLIOTT. °. JOHN F. bEHAVEN Its .Board of Public Works. Thursday August 5th 1?0 Qont inugrl - PUBLIC IMPROVEITNT CONTRACT. This Agreem nt, Made and entered into this 5th. day of August 1920. by and between Joseph A. _ Luther of the County of St. Joseph -and State of Indiana., (hereinafter referred 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 referred to as the " City" ), under and by virtue of an Act of the Lienera,l Assembly of the State of ind iana, ent itl d " An Act Concerning Municipal Corporations; approved March 6,1905, and amendatory abd supplimental thereto: Fo itne3seth, that the contractor covenants and agraes to construct water c onne c t ions on high Street from Broadway to Indiana, Avenue in the City of South Bend, Indiana at and for the following prices:- 6 in. taps on long side, 'each.., ....., ......o .,...025.75 2 in tans on short side, each...... ... 20.00 and to perform all work in the prosecution of said improvement under and according to the terms and con. ditions of Improvement Resolution No..: ..aoa .-_-----, adopted by the Ebard of Public Works.. Ju11 �Oa 1920, and the platys, profile- and specifications on file tn`the office of the bepa_ tmen.t of Public Works, which pair{ resolution,plans, profile and specifications are made a part .hereof as fully and effectually as if copied `and act out -herein at . full length. , The contractor further expressly covenants and agrees-thit in the prosecution of said work all proper Skill and care Ti',l b, exercis k; th the tl p-or) s.--d r. •� ;•�_ all excavations. and dangerous places; and will use all due and proper pry a+*ton- to or rent iniu-w fo ry person or 1'-0 •-tv; that in the event tf an7 injury or Jama.ge resulting fret► tale tx„-`_ Or res-eitir fr-)m a_-;y ,.tter or th+nsr conr_ertPd thereNvtl.h or arising therefrom, to any pers^-i or property, hn t--1ll ray a.- he :idate the .sa ne atiis own expense; atnd as sume the -liability therefor; and in the event of any cl.airn or claims being made or any action or actions being brought against the city by reason or on account of or growing out of -d work or its construction, the said contractor will at hi own expense defend the same, and ._;riil pay any judgment recovered therein,: and will in all respects fully, indemnify -and save harmless said city; its of cers, agents or representatives from -'all cost, expense, payment or judgment recovered to connection with such claim or claims, action or actions. And ;f Within ten days after any such action is begun, the city shall notify the contractor of tlae penduicy ther^of, then any iudgment re6iered against the city shall be conclusive against the contractor and against the surety en his construction bond., as to,tb 'mount, liability and other matters pertaining thereto. And the car'crac-or agrees to raa:&Y&an saitl w. fr a • 4 .;c tit tc,.v tan',e such repairs as tray be necessary for fie period and in the isaaaaer ae famed by the sr 6fications, and to secure tie tnaktenance ant re it thereof to file with the Board of Public Works a bond rrith sufficient surety thereon and in eta amount as ed by the specifications. And in doing such repair work the contractor and the surety on his guarantee band shall be subject to the same liability to the city and any other person for any iztjury or datttage $© an pelp,tn or ill p. be erty in the same. meaner and to the same extent sts is fixed in the last preceding paragraph coverit the Con - And work. And it is further agreed by and between said part�,m that the acceptance of the work provided for itt this ' contract, or the payment thereof, shwil not constitute a waiver on the part, of the city of any of the pruvls= ions of this contract, nor shall it ortlease said contractor or the sureties on his bond for the faithful perforlIA. ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of, this contract, except to .the extent of entitling. the contractor to the contract price therefor, The contractor agrees to pay for all labor and materials used 'or furnished to be used in the tuaking of ..'an iriipravement and in the performance of this contract, whether done or .furnished for hitttt or -his agent, assignee ,'successor or subcontractor, and the city_ may. reserve Out of, any allowance made on arty estitttate in favor of the contractor or 14 assigns; or `out of the amount_ due him or his assigns upon the conipletititl Of the work, so much as ma, cessary to pay all laborers or materie� men, for amount# date thipi fir work done or materials uses or i�trnished to be used tit ti+:r performance of this coil$€.eci and the dctittg of, said work,' -'and the _count treasurer, sating as city treasurer, ma retain tmetiey C®llected frotn property owners assessed for said irriprvvement to pay such debts or until the cantrttctcar shags thst $ltey have be en paid -or satisfied 1 _e coa , z. to rerno al I ru'�Jisl1, earth; and untised material is the aft eet3 or eider thereof upon the completion of the impro,,einent or the repairing thereof. The work of making such improvement shall_ be completed according to the terms of this contract on dr before the.. .day of. ...................... .. r 19 unless the time for the cotnple+ion of the sa+ -e shall be extended iu writi :g, by the Bbard�of Public- Works; And it is agreed that any such ex-tension.of timq, or any alteration of this ccritract or of -the manner or meth' od,of doing such work shall in no way'affect the duties, obligation ties. s or liabilities of the contractor or his sure: It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, without the writ -en cons ant of the Board of Public Works. It is further agreedandstipulated that rQ, contractor shall give to residents of said city and eou aty' 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 failure to rbserve this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be. done and formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- ' 'ed and paid. to said contractor irr the manner fixed by the statute governing the making of such improve. atents. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications; and resolution aforesaid,- the_,uuadersigned binds himself' or itself, and the respective sues .or or. assigns .of such parties. In. Testimony Tvhereof _75=1. the _-foregoing named .parties, hereunto set our hands this ,5th.. day --of' August 19200 JOE. A. LUTHER CITY OF SOUTH BEND INDIANA. U. A. ELLIOContractor. 'T JOHN F. DEHAVEN Its Board of Public Works. A