HomeMy WebLinkAbout03/07/1916 Board of Public Works MinutesA
Board met in regular session at 10:00 A.M. All members present.
The City Engineer filed the estimated cost of the Hoose Court Pipe sewer
Improvement from Chapin Street to Soott Street at ...99000.00
The following opinion of the City Attorney addressed to the City Cvil:Bn-'
gineerin regard to the vacation of Plats
March 391916.
Mr. Fred Anderson,
City Civil Engineer. ,
South Bend, Ind.
My Dear Sir: —
In reply to your repent inquiry, I advise you that in my opinion the
Board of Public Works does not have the power to vacate a plat. The power is no
where granted to them to do this. They do possess the power to vacate streets and
alleys and public places, but the vacation of streets and alleys would not vacate the
plat. It is still necessary for the comer to convey the same by lot bmbers and by
meets_.abd bounds as to the vacated streets and alleys.
The power to vacate plats is in the Circuit Court under the provisions -
of Sections 9909 and 9910 of Burnsr Revised Statutes of 1914. The judgement of the
Circuit Court vt 11 vacate the streets and alleys as well as the lots, and will restore
the land to the legal description that it was before such plat was made.
Yours very truly,
E. F. SEEBIF T,
. City Attorney.
The above was read and placed on file.
SIDEWALK .IMPROVFJ4ENT RESOLUTION NO. 422.
Resolved by the Board of Public Works of the City of South Bend,.
St. Joseph County, State of Tndiana, That it is desired and deemed necessary to improve
Various Street in the City.
That an improvement be made of the kind, size , location and terminal
points as follo*s'
That bids be received for the construction and repairing of cement
sidewalks, curbs , and for the filling and excavating for said sidewa3k s and ax rbs,
on different streets in said'City, where the same have already been partly con—
structed, or are defectively constructed. All such work to be cone after the ovners
of abutting property have been ordered and notified to construct or repair such
sidewalks and curbs for a period of 30 days from the date of any such notice. '
All work to be constructed or repaired in acoD rdance with standard
specifications on file ih the Office of the City Engineer of said City.
All work to be done and assessments made as provided in Section 1
of an Act entitled « An Act Concerning Municipal Co rpo rat ions, approved 1909, at
pages 0412-4131 And in a--iordance with the.profile, details, drawings and specifieatios
on file in the office of the Department of the Board of Public Works of said 'City; and la
such Ipp ro vement Is now ordered,
(over)
th.-1916. G'ont irmr r� _
The cost of said improvement, including the cost of street and alley intersections
shall bt assessed upon the real estate abutting on said Various Streets 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 Municipal Corporations," approved March 691905, and in accord-
anee with and pursuant to the provisions of all amendatory and supplemental acts thereto,
passed by the General Assembly of the State of Indiana. 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 Po the oDntreator in payment of sugh work, unless the pro-
perty owners pay said assessments before said bond or bonds are issued. Under 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 fort: he collection of the same, -or for the payment
of any band, bonds, certificate or certiticates, 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 improvements, or such moneys as said City is by said entitled Act re-
quired to pay. All proceedings had, and work done in the making of said improv ment, assess-
ment of. property, collection of assessments and issuance of bonds therefor, shall be es pro-
vided for in said above entitled Act and amendments thereto.,
Notice of bids shall be published on theY10th. day of March 1916 and on the
17th . day of March 1916 in the South Bend Daily Tribune, This Board vi 11 receive sealed
proposals in their office in the City Hall on the 28th. day of March.1916 for the execution
of the aforesaid work. The Board reserves the ri lit to reject any and all bids.
Adopted this 7th.
day of pia rch,1916.
BOARD OF PUBLIC YD RK S
Veronica 0. Sweeney, Clerk of Board.
E. M. MORRIS
A. H. RICE s
JOHN Be VEBER
City Engineer Anderson submitted a plan for the submerging of the out -let
of the'LelandAvenue sewer, into the river. The Board instructed the City Engineer to
receive bids for said improvement at the most suitable tame, or when water was low.
The Bop,re F{ !�7Tc-d- F-Pe f" cat ions for tUe construction of sidewalks and
curbs and the repairing of same in Variouu= Streets of the City, :under Improvement
Resolution No. 422. -In the City of South Bend, Indiana.
President.
60
Tuesday larch 7th. ,1916. -
Board met in regular session at 7:45 P.M. All members present.
Hearing had on Improvement Resolution No-* 416 for the pavement of
Indiana Avenue drom Leer Street to Kemble Avenue. In the City .of South Bend, India-°ia
Upon said hearing no, remonstrators appeared (a number of interested
A property holders in regard to the kind of pavement only) and no written remon-
strances were filed, And the Board being :M11y advised in the premies, decides that
t je be,nefits to property liable to be assessed for improvements are eqi al to the
estimated cost of the ;same, as reported by the City Civil Engineer, and thereupon
takes final action on said resolution as origt nally adapted, and the same is hereby
in all things ratified confirmed and approved.
Resolved further, -that notices be published on the 9th. day of. March.
1916 and on the 16th. day of March 1916 in a newspaper of general circulation in
said city, stating that this Board vi 11 receive bids for the oDnstru eti on of said
impovements up to 10'00 A.-M. on the 4th. day of April,1916 The Board reserves the
right to reject any and all bids.
Bids were received for blank forms:,. for the Building Department, also
one Piling ease The same were opened and referred -to the Building Inspector for
tabulation _to be reported on at 10:00 A.M. Wednesdsy March gthi 919160
Mr. Harwood azid Mr. Fulton appeared before the Board in regard to the
/vacation of William Street from north line of the alley north of Indiana Avenue to
the T. H. & L. By. Tracks.. No action was taker
LOCAL SEVER IMPROVE WT RESOLUT@ON NO. 4200
Resolved by the Board of PUbli a Works of the City of South Bend . St.
Joseph 06untyp 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 an along Indiana Avenue from Prairie Avenue to , a
point 110 feet west of the west line of Kemble Avenue as follows, to -Wait; -
Be ginning
at the intersection of the center line of Prairie Aveue and Indiana Avenue ; thence
east along thecenterline of Indiana Avenue to a point 110 feet west of the west
of the west line of Kemble Avenue wt th a 12 inch vitri_ fled pipe sewer. Together
with the necessary manholes, inlets, conduits and house a) nneeti ons ' to the curb line
along the line of sated improvement. All as shown on. the plans, and in aca> rdance
nth the profiles, detail drawings and specifications on file in the offbe of the
Department of Public Works of the City of South Bend, Indianan and said sewer,
with all its appurtenances shall be constructed in accordance with the profile and
specifications now on file in the office of the Department of Public Works of said
City. The cost of said improvement shall be apportioned against and paid by the pro-
perty holders whose property abuts thereon, and upon the City of South Bend if the
r City is benefited by said improvement, all aeon rdl ng to the method end manner prow ded8
for in Act of the General Assembly of the State of Indiana , entitled N An Act Concern-
ing Municipal Corporationsp" approved March 691905• Assessments, if deferred, are to
be paid in ten equal a nual installments, with interest at the rate of Sig per vent
per annum. A bond tor bonds shall be issued to the contractor in payment for such
works unless the property, owners pay said assessments befb re said bond or bonds are
6'
Issued. Under no circumstances shall the City of South Bend be or be held aesponsib3
for any sum or sums due from said property owner or owners for said work, or for the
. collection -of same, or for the payment of any bond or bonds certificate or
certi-ficates,, issued to said contractor in payment for such work, except for such mormys
€; as shall have been actually., received by the City from the assessm_-nts for such improve-
ment, 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, collections of assessments and issuance of bonds thereib r, shall .be as
provided for in said above entitled Act.
Notice of this resolution shall be published on the 9th. day of Marb
1916 and on the 16th. day of .March 1916 in the South Bend Daily Tribune. This Board
A 11 give a hearing on this resolution at its office in the City Hall on the 4th. day
of April,1916.
Adopted this nth., day of march 1916-BOARD OF PUBLIC E. Y. MORRIS
Veronica 0. Sweeney, Clerk of Board.rOS• JOHN•BRcER
uesday March 7th.,1916. Bontinued.
IN the matter of the Vacation of Plat.j;,nown as Stover Longley Addition
o�South Bend, . Indiana under Vacation Resolution No. 26. THE Board'havin said matter
;der advisement find that they -have no jurisdiction over the vacation of plats as per the
City Attorneys opinion, and decide that the resolution should I
be'a.nd- the same is hereby
In all things rescinded.
In the matter of the hearing can Pavement on Mishawaka Avenue from Eddy.
Street to Nineteenth Street, under Improvement Resolution No. 373-0 the Board having said
matter under advisement decided -that the resolution should be and the same i& hereby and in
all things rescinded.
The City Cemetery Sexton presented financial report of the Cemetery
Department ending. February 29th. ,1916 and the same ' wa,s read and placed on file.
The Clerk of the Board presented the financial report of the Board end the
sn-me w-_s reed and placed on file.
WARRANTY DEED.
THIS `INDENTURE WITNESSETH, That `Burton H.. _Stover,( single and of adult age)
and John C. Stover, 'and .Nora Stover;: his wife, of St Joseph County, in the 'State of Indiana,
CONVEY AND WARRANT To the Muniiiciapl City of South Bend of St. Joseph County, in the State of
Indiana its successors and assignsfor the stunoP One ( 1:a0°)bolla" the following Real estate
in St. Joseph County, in the State of Indiana, to —wit•-
A tract -or parcel of .land boundedby a
line running as follows,vizt Beginning Twenty (20) feet south of the Northwest corner of Sec—
tion No. twenty four (24) Township No. Thirty seven (37) north, range No. Two (2) East, thence
South ten (10) feet, thence East One hundred fifty six and three, fourths (156-3/4 fleet;
thence North ten, (10) feet; `thence:"
he ce = West one hundred fifty six andthree fourths (156-3/4)
feet to the place of beginning. And Covenant for themselves, their heirs and personal re—
presentatives that they are lawfully seized of the -premises,- have good right to convey the
same and quarantee the quiet possession th reof, that the same are free from all incuftrances
and that they will Warrant and Defend the Title to the same against all' lawful claims
In Witness Whereof, they have hereunto set their hands and sells 'this " 24th.
day of February A.D. 1916
BURTON H. STOVER
JOHN C. STOVER
NORA STOVER
STATE OF INDIANA MARiON COUNTY, SS
Before Me, The undersigned, a Notary Public in ana for said County came,
Burton H. Stoves, signle and of adult_ age and acknowledged the execution :of the above. deed.
Witness my hand and Notarial set., 1 this gth. day -of February As--D. 1916
WALTER ST. CLAIR
MY COKAISSIONER EXPIRES FEB. 24,1917. NOTARY PUBLIC
STATE OF INUDANA SS
ST. dOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for ss.id County came, John
C. Stover and Nora Stover (nis wife) and acknowledged the execution of the above deed.
Witness my hand and Notarial seal this 29hh. day of February A.D. 1916. ggA
ND
MY C01AMISSIONER EXPIRES January 1,191%. � ANDREW NINOTARY PUBLIC