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HomeMy WebLinkAbout07/28/1916 Board of Public Works MinutesBoard met in regular session at 10:00 A.M. Mr. A. H. Rice absent. ;-- John Foster of 203 Elm Street appeared before the Board and asked the privilege of connecting to the 'City @ewer which is constructed from Colfax Avenue tin Elm St. to the City Cemetery, The following resolution was approved. R E S GLUT I 0 N. Resolved, -by the Board of Public Works, that whereas, °a certain sewer has heen constructed from Colfax Avenue bn Elm Street -into -the City Cemetery and whereas said sewer ds owned by the C-ity and whereas certain property holders now desire to connect on said private- sewer. The Board of Public Works hereby gives permission to such property holders providing that they will rebate in advance their proportionate cost of said sewer , which imounts to-$17.00'for each and every property holder so situated on said sewer. Mr. John Foster agreed to pay to the City Controller the amount of ; 7 bpoefore* connecting to the sewer. The Board instructed the Clerk to send copy of tni.s resolution to the City C'ontr'oller. Communication received by the Board from A. R. Erskine, President of the Studebbger Corporation of America in regard to Track elevation in this City, The same was read and placed on file. Mr. Ge o, Ka lz ins ki appeared before the Board in regard to the closing of West Jefferson Street from Maple Street to 1st. alley east, from July 31st.,1916. to August 5th. ,1916 between the hours of 7: 00 P.M. to ln: nn P.M. the M. R. Falcons Carnival. The same granted, buG the Board stated it would have to be opened up if to many complaints were received, Concerning the improvement of the roadway of Jaquith Court from Chapin Street to Prairie Avenue in pursuance to Resolution No. 432 the Board finds that no petitions has been filed with said Board by a majority in number of the freeholders residing on said street to be improved requesting that it be improved with a different kind of pavement than the kind heretofore adopted by the Board in its preliminary order and the City Ehgineer reports that H. N. Barnes is the lowest and best bidder for the kind of pavement heretofore adopted by the Board, and the Board finds that said H. N. Barnes is the lowest and best bidder and hereby -lets_ the contract for. -•said improve- ment to him, an orders that said improvements be made with Concrete'and all proceedings heretofore had in this matter are hereby confirmed and ratified. BOARD OF PUBLIC WORKS. E. M. MORRIS JOHN B. WEBER Veronica C . Sweeney, Clerk of Board. Dated July 28th.,1916. The Board instructed the Clerk to notify the Indiana & Michigan Ejee. Company to move Arc lamp now located on the south side of crossing on Chapin Street to a location just north of the main tracks between main tracks and switch tracks on the New York Central Ry. Company. In regard to communication received from the -Central Union Telephone Company July 24th.,1916. asking permission to set polesand anchors bn different streets in the south end of the City. The Board did not allow the setting of poles on Sample Street as requested in this communication as the said street is ti narrow. %he balance of the poles and anchors were permitted to be set. 21U day:: July: `28th ,1 The following deed was approved by the Board. WARRANTY DEED. THIS WNDENTURE, WITNESSETH THAT HATTIE E. SHIVELY, witow, FLORA SHIVELY BEITNER, and GEORGE B. BEITNER, h-r husband, BERNICE SHIVELY FULK, and.ALBERT A. FULK_ HER HUSBAND, and DUDLEY M. SHIVELY , and JANNETTE M. SHIVELY, his wife, heirs of DANIEL M. SHIVELY, of St. Joseph County, State of Indiana. CONVEY AND WARRANT. To the MUNICIPAL CITY PF SOUTH BEND, pf St. Joseph County in the State of Indiana, its successors heirs and assigns , for the sum of ONE AND N01100 ($1.00$ Dollara the following.real estate in St. Joseph County, in the State of Indiana to -wit:- • The undivided five -sixths (5/6) interests in the followinf described real estate: a strip of land twenty-five (25) feet in width he herein conveyed and dedicated for the general use of the public for widening and extending Chpain Street in the City of South Bend, for Street purposes, which strip extends from Ewing Avenue north to interest Chapin Street at Creed's Addition in said Cktty and is on the west side of a fifty seven and one half (572) acre tract owned by Grantors, situated in the South half of the south tract owned by Grantors, situated in the south half of the south east quarter of Section No. (14) Fourteen, Township No. Thirty seven (37) North, Range No. Two (2) East, which said strip herein conveyed and dedicated is bounded by a line running as follows, viz; Beginning at a point ten (10) feet South and twenty five (25) feet East of the of the south east corner of lot No. Seventy -four (74) in City View PlAce in the Town of Myler, now a part of the City of South Bend; thence running East Twenty- five (25) feet; thence north to a point twenty -five (25) feet South to the south west corner of Lot No. Seven (7) of J. P. Creed's Addition to the Town of Myler now part of the City of South Bend;.thence West twenty-five (251 feet; thence Soud , to the place of beginning, subject to taxes. And Covenant for themselves and their heirs and personl representativ that they are lawfully seized of the premises have good right to convey the same and Guarantee the quiet possession thereof, that the same are free from all incumbrances and that they will WARRANT AND DEFEND THE TITLE to the same against all lawful claims. IN WITNESS WHEREOF, the said HATTIE E. SHIVELY, widow, FLORA . SHIVELY BEITNER and GEORGE B. BEITNERm her husband, BERNICE SHIVELY FULK and ALBERT A. FULK, her husband, abd DUDLEY M. SHIVELY, and JANETTE M. SHIVELY, his wife, heirs of DANIEL M. SHIVELY, have hereunto set.thei_r hands and seals this 15th. day of July A.D 1916. MRS. HATTIE E. SHIVELY(SEAL) FLORA S. BEITNER DUDLEY M. SHIVELY (SEAL) GEO. B. BEITNER JANETTE M. SHIVELY 'SEAL.,.+) BERNICE SHIVELY ALBERT A. FULK STATE OF INDIANA ST. JOSEPH COUNTY, Beofre me, the undersigned, a NOTARY PUBLIC in -and for said County came HATTIE E. SHIVELY, widow, FLORA SHIVELY BEITNER AND GEORGE B. BEITNER, her husband BERNICE SHIVELY FULK, acid ALBERT A. FULK, her husband, DUDLEY M. SHIVELY AND JANETTE M. SHIVELY, his wife, heirs of DANIEL M. SHIVELY, and acknowledge the execution of the above deed. WITNESS MY HAND AND OFFICAL SEAL THIS 18th. day of July'.1916. My Commission expires, August 28th.91917. NARY KELLEY Notary Public The following; deed was approved by the Board. Q UIT C 1A IM DEED THIS INDENTURE WITNESSETH, That -GRACE SHIVELY PARSONS, widow, and one of the heirs of DANIEL M. SHIVELY, of San Franciso County, in the State of California RELEASE- AND . QUIT �C IA IM To the MUNICIPAL CITY OF SOUTH. BEND, its successors and assigns of St. Joseph County, in the- State of Indiana, for and in consideration Of ONE ($1. 00$ Dollar, the receipt whereof is °hereby acknowledged, the following described Real Estate in St. Jose h County in the State of Indiana, to -wit:- the undivided one -sixth (116) interest in the following described real estate: a strip of land Twenty-five (25) feet in width- herein conveyed and dedicated for the general use of the public for widening and extending Chapin Street in the City of South Bend, for Street purposes, which strip ,xte-nds from Ewing Avenue north to intersect Chapin Street at Creed's Addition in .said C ity and is on the west s ide of a f ifty-seven and one half (5 -gl) acre tract owned by Grant ors , s ituated in the S outh ha, if of the S outh East quarter of Sect ion No. Fourteen (14) Township No. thirty-seven (37) North, Range No. Two )2) East, which said strip herein conveyed and dedicated is bounded by a line running as follows, viz: Beginning at a point ten (10) feet south and twenty five (25) feet East of the South East Corner of Lot No. Seventy four (74) in City View Place in the town of Myler, now a part bf the City of South Bend; thence running East twenty five (25) feet; thence north to a point twent five (25) feet south of the southwest corner of lot No. Seven (7) of J . 8. Creeds Add -it ion to the Town of Myler, now a part of the City bf South Bend: thence west twenty-five (25) feet; thence South to the place of beginning, subject to taxes. IN WITNESS WHEREOF, The said GRACE SHIVELY PARSONS, widow, has hereunto set her hand and seal this 21st. day of July 1916. GRACE SHIVELY PARSONS STATE OF CALIFORNIA S ONOMA COUNTY, SS: . Bef ore. me. the undersigned. a Notary Public, in and for said County and State, this 21st . day of July A.D. 1916 personally apeared the within named GRACE SHIVELY PARSONS, widow, Grantor, in the above conveyance, and asknowledged the same to be -her voluntary act and deed, for the uses and purposes herein mentioned. fN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. ROBERT A. PAPPE NOTARY PUBLIC S q ATE OF CALIFORNIA) COUNTY OF S ONOMA SS I, W. W. FELT, Jr. County Clerkof the ounty of Sonoma, and ex-. officio Clerk of the Superior Court in and for said County (which Court id a Court of Record having; a seal). Do hereby certify, That ROBERT A. PAPPE whose name is subscribed to the certificate or proof of acknowledgement of the annexed instrument and therein written was at trb time of taking su-h proof or acknowledgement, a Notary Public in and f or sa id C ouhJy,. duly I c.ommiss ioned and qualified; and duly authorized by law to take the Same, and full da ith and credit are due to all off ical acts as such Notary; and I do further certify that I am well acquainted with the handwriting of the said Notary; and verily believe that the signature to said certificate or proof of acknowledgement is genuine, IN WITNESS WHEREOF,- I have hereunto set my hand and affixed the seal of th said S u-er i or Court of the County df Sonoma , State of California, at my off ice in the City of 'Santa Rosa, this 22nd . day of July A.D. 1916 W. W. FELT, Jr. ( S E A L ) County Clerk and ex-officio Clerk of the Superior Court of the County of Sonoma, State of California. BY JOHN BURR OUGHS DEPUTY CLERK. 212 STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 466. BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve LINDSEY STREET FROM PORTAGE AVENUE TO BLAINE AVENUE as followsmto- it: - By grading and paving the roadway, also grading and paving the roadway of all. intersecting end entering streets and alleys not already paved lying within said portion of said Lindsey Street not included in the roadway. To be improved with Asphalt,, Asuhaltic Concrete, Brick or Bithuli-chic laid on a five (5) inch portland cement concrete foundation. Or with Brick laid on a six (6) inch rolled gravel foundation. Placing the necessary marginal cement curb, curbir_g the roadway where same is not already con- structed. Also the Instruction of the necessary storm water.inlets and conduits. All as sho m on the plans and in accordance with the profiles, detail drawingin and speci- fications on file in the office of the Department -of Public Works of the city of South Bend, Indiana.The cost of the improvement herein provided for, except street and alley intersections, shall be -paid by special assessment to be levied upon the•property specially benef°itted, to the amount that the same may be legally assessed therefor,in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," aproved March 6,1905, and in accordance with and pursuant to the provisions of all acts amendatory and supplemental thereto, The cost of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which run into, but, do not cross said roadway herein proposed to be impvuvdd and that portion of such street or alley abutting upon property beloning to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of ,its general fund, if able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 108 of the above entitled Act. Assessments of Ten Dollars and move against each lot, if deferred, are to be paid in ten equal annual instiliments, with interest at the rate of Six per cep cent per annum. A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro r�ta payment for such improvement. Under no circumstances shall the dity of South Bend be, or beheld responsible for any sum or sums due from said property owner or owners for said work or for the collection of the same, or for the payment of any bond, bonds, certificate or certificates issued to said contractor in payment for such work, except for such moneys as shall have actually been received by the City from the assessments, for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto 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, and -Acts amendatory thereof and supplemental thereto. Be It Further Resolution, That the Board of Public Works fix the 22nd. day of August 1916 at the hour or 7:45 P.M. at the office of the Board of Public Works, of this City, as the time and place for the public consideration of said proposed improvement, at which said Board f Public Works will hear all persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the ebenfits to the property liable to be assessed for said improvment will equal the estimated cost thereof. Be It Further Resolved, That notice of the time and place of such public consideration be published and mailed in the mznner provided by law. Notice of this resolution shall be published on the 29th. day of July 1916 and on the 5th. day of August 1916 in the Suth Bend Daily Tribune. Adopted this 28th. day of July 1916. BOARD OF PUBLI^, WORKS. E. M. MORRIS JOHN B. WEBER At ;ebted: Veronica C. Sweeney, Clerk of Board. 2i3 , ly1V . 1, Val u laaucu • STREET OR ALWY IMPROVEMENT RESOLUTION NO. 467. Be It Resolved by the Board of Public Works of the City of South Bend, St. Josepb,. C ounty, State of Ind Tana, that it is desired and.deemed necessary to improve Dubai) Avenue from Leer Street to Marine Street as follows, to why: -By grading said street from property line to proppeerty line; by paving the roadway from curb line to cubb line with gravel three (3) in-hes in depth; curbing the roadway with cement curb and by con- s truct ing a f ive (5) f oot cement walk on both 's ides of said Dubail Avenue. All as shown on the plans and in accordance with the profiles, detail drawings and specifications on file in the office of the Department of Public Works of the City of South Bend 1nndiana. The cast of of the improvement herein provided for, except street. and alley intersections, shall be .paid by special assessment to be levied upon the property s - ec is lly benef itted, to the amount that t__e same may be legally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled " An Act C oncerning Municipal Corporations," approved March 6,1905, and in accordance with and pursuant to the provisions of all acts amendatory and supplemental thereto. The cast of all street nd alley intersections, including one-half of the ppos ite street and alleys which run into, but do not cross said idth' of the improvement on roadway herein proposed to be improved and that portion of such street or alley abutting u- on property belonging to said Citym or upon property hot subject to such assessment shall e paud by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessment to be levied under theprovisions' of Section 108 of the above. entitled Act. Assessments of ten dollars and more against -each lot, if deferred , are to be ,aid in ten equal annual installments, with interest at the rate of six per cent per annum. A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such improvement. Under no circumstances shall the City of South Bend be,mor be held responsible for any sum or sums from said property owner or owners for said work, or for the collection of the samw. , or for the payment of bond, bonds, certificate or certificates issiied to said contractor in payment for such work, except for such moneys as shall have actually been received by the City from the assessments for such improvment, or such moneys as said City is by said entitled Act and amendments and supplements thereto required to pay. All proceedings had, and work done in the making of said improvement, assessment if proerty, collection of assessments and i3suance of bonds therefor shall be as provided for in said above entitled Act, and Acts amendatory thereof and supplemental thereto. BE I`1' BURTHER RESOLVED, That' the Board of Public Works fix the 22nd. day of August A. D. 1916at the hour of 7:45 P.M. at the office of the Board of Public Works of this City, as the time and place for the public consideration of said proposed improvement, at which said Board of Public Works will hear all persons interested, or whose roperty is 1 iab'le to be assessedfor said improvement, and will decide whether the benefits to the property liable to be assessed for said improvement will equal the estimated cost thereof. Be It Further Resolved, That noti ce of the time and place of such public -consideration be published and mailed in the manner provided by_° law. Notie of this resolution shall be published on the 29th. day of July 1916 and on the 5th. day of August 1916 in the South Bend Daily Tribune. Adopted this 28th. , day of July 1916. Veronica C. Sweeney, Clerk of the Board, E . M. MORRIS BOARD OF PUBLIJ WORKS. JOHN B . WEBER President.