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HomeMy WebLinkAbout09/26/1916 Board of Public Works Minutes'3o-; d ,e+, it-e`ular -or. -3.t 10:00 A.11. All member present. Bids were received onpr.sd and read for the follo-rind imorpvements, and referred to the City Engineer for tabulation. Pavement on Euclid Avenue from '7alnut Street to La Porte Avenue. Grade and gravel roadway or, Chapin St. also curb and walk on west side of said street from Calvert Street to Ewing Avenue. This b ;ink the date set for deferred hearing on Track separation Resolution No. 2 for the elevation of the New York Central Railroad Company tracks from Michigan Str ,et to Chapin Street,. In regard to the above matter the folloviing r. e.^reset.tatives a-peared. Attorneys UanFleet and Hubbell for New York Central Railroad Co. C. D. 'Moon, Gen. M16r.. Mr. H. L. Re ins a,gen Asst. Pr in. Engineer and 1`r . 'Walker for the Ne 1 York Central Ra ilr oa,,d Company. Att of ney W. G. Crab ill, of Anderson Parker and Crab ill & Crum. -packer attorney for the Grand Trunk t,.nd I:r. H. 'N. Going Engineer and Mr. Gillian. 4r. F. I. Hardy for the Chicago, South Bend '& Northern Indiana Ry. Compq.ny. Attorney W. G. Crab il'_ una L-irauu 'Trunk_ Western. Re.ilroq.d Co. requ•9s ted fiore time e in —h ibLh to c one ider Ft pnopos it ion thn it company had up -with the New Yoram Central Railroad Company. The Board after due consideration continued this hearing until Tuesday October 1Oth. ,1g16 at 10: 00 A . M President. Board met in regular session at, 7: 45 P.M. All members present. Hearir.� giver on assessment roll and final estimate for pipe sewer or. Bo7rnan Street from Miami Street to east ,line of southeast addition, under Imorov ement Resolution No. 449, In the City of South Bend, Indiana, In th e above matter no remonstrators appeared and no written remonstrance was filed. The Board therefore find -that the property assessed in said roll filed Sept .12th.is benefited in the amount of assessments as shoqn or. swid rolls, and th the Board further find that the assessment rolls filed Sept, 12th. and the fir;.al estimate allowed Sept. 12th.1916. should be and the s�,,me are hereby in all things ratified, confirmed a.n.d a Apr owed. Hearing had on assessment roll and final estimate for Ashaltic concrete d pavement on First alley west of Lafayette Street from. La Salle Avenue 'to 'Colfax Avenue, under Improvement Resolution No. 431. In the 'City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- . trances .vas filed. The Board _therefore find that the property assessed in said rolls filed Sept.l2th. is benefitted in the amount of assessments as shojT, on said rolls, end the Board further find that the assessments rolls filed Sept. 12th.1915 and the final estimate allowed Sept. 12th.19195hould be and the same are hereby in all th-j_r, s ratified, confirmed and approved. Deferred hear in;-� had on assessment roll and final estimate for Bituminous and (Ilutrin Bound Uacadem Pavement Improvement on Leeper Avenue from Howard Street to Angella Avenue, under Improvement Resolution No. 405. In the City of South Bend, Indiana. In the hbove matter A, Mattes appeared and remonstrated against assessment, stating the same was to high for his size of lot. Attorney Vitus Jones of Howell,Jones and Devine appeared representing the Harter Realty Com-oany and Samuel Leeper. and objected to the condition of pavement, curb and v,alk on Leeper Avenue , and remonstrance hereinbelow spread on this reacord was riled by said Howell,Jones and Devine for Samuol Leeper and The Harter Realty Company. The Board after due consideration decided to defer all action on said assessment roll and final estimate until T'ednesday September 2;th. ,1916 at 11:30 A.M. STATE OF IND IANA ) ST. JOSEpH COUNTY ) SS In the batter of Grade ) REMONSTRANCE AND OBJECTIOY TO Curb, Walk, and pavement ACCE"TANCF OF TORK. on Leeper Avenue. V TO T'Hr Honorable Board of Public Works of the City of South Bend: Comes now Samuel Leeper and the Harter Realty Company and object to the City of South Bend by and through this Honorable Board accepting t6he work in the matter of the grading of Leeper Avenue, also object to.the accepting of the curb, walk and pavement on Leeper Avenue for the following reasons, to -wit -!- The top of crown of the hill on Leeper Avenue north of Howard Avenue was not graded according to specifications in as much as said crown or top of the hill .4,as not graded low enough so that the same is higher than the street immediately north thereof. ID r[lha Street -Aras not graded with sufficient crown. The sidewalk is cracked, broken, and not level. The curb is soft, cracked, crushed , broken, smeared with tar, scraped, does not run in a straight line, nor is the same level or in plumb. The pavement on said avenue from the top of the hill immediately north of Howard Avenue is soft, has already begun to'cruinble and decay, is not level and smooi;h, has sunken and submerged in various spots anal places, the stone used was not of the proper size to meet the requirements of the specifications, tht that said street does not contain the proper crofim. The contractor did not lay the proper foundation for said-avement, but left the ground in a soft and un- settled condition r7hich allowe the vemenbt to sink and submerge therein. The approaches to the property on he ea are e ow grade. All of the of ore3a id - object ion.: Ve ti ul Jed from time to time as. the .work was progress and the inspector in charge of said work :admitted that said work was not according to plans and sec if scat ions, and promised to make the contractor relay the curb. It was admitted by the contractor in his remarks; to this Honorable Board that the curb was cracked, broken and chunks knocked out of the same nd lamed the blame there- 10or on the ran running the roller to hack the pavement, which is an open admission that the curb is below standard. It was c ondeded before this Honorable Board by the Engineer that the approach at Poka[ on Street was not according to grade. , The c or tractor stated before a.nd to this Honorable Board that this was the best job of n�ivement that he could ?_ay owing to the fact that t--e sand :gas very soft and de and that in driving the small holler over the same the sand cushioned in front thereof, and that ,hen the stone .as 1_9, id on as i4i sand said stone sank into and submerged in the soft, dry sand. Said c ont.ract or f urther adrr itted bef ore the objectors and remonstrators that he had smeared tar or. the s id.;walk and curb; and as each rnd all of said objections were raised the contractor admitted the. truth o ` the sa lie, but gave various excuses in attempt to justify the defects. Said re- ^onstrators farther object to this Honorable Board accepting _;a id con- tracts n nd work for t-he .r eRs on that the %,,dmi:-,s ions of :�a id def ecta appear before and to Honorable :Board and the contractor is asking an acce stance of =>q,id 7To.�k with the promise to rectify all defects in the future, that this Honorable Board has no power to accept a. job or any work or contract and a ^prove the same in the face of 1"mu n defec'&srri that the authority of this Board to accept and approve work of the character aforesaid is based on a strict c omplddrLce on the part of the contractor with the plans, and spec if i:ca -G to s , that the rr operty owners are entitled to have s aA id work meet P 11 requirements of the contract before a lien forttlh.e payment thereof car, att^,ch to their property, Wherefore , 7cur objectors respectfully request this Honorable Boarrd not to accept P, d work nor approve the sane till the defects aforesaid are remedied and cured. Dated this RM, day o" September 1915. Sli ' TjEEPER THE HARTLR REALTY CO BY HOWELL, JONES & DEVME Clerk instructed to notify fir. J. W. F-tes, Deputy Street Commissioner to be present at session Wednesday September 2-7th. 1016. at 11.400 A.M. Hearing had on assessment roll and final estimate for Grade, curb walk and gravel raadway or, Indiana Avenue from Walnut Street to Prairie Avenue, under Improvement Resolution No. 4314. In the City of South Bend, Ind ian�.. i . the above matter Mr. John S:vygart appeared and objected to defective piece o-r' curb but no twr itten remonstrance was f iled. The Board theref o­ e find that the poperty assessed ' in said. rol,_ filed September 12th. ,1G16 is benef fitted in the amount of assessL_ents :s shown on said rolls f it-d S.nt^mber 12th. , 1.91�5 ^,n(' the Board further f ind tln^,t the arse _:~r!,?^t rolls filed September 12' . ; 1g1S =nd the final estimate PJlowed September 12th. , lglu should be and t -_ s.-m -ne hereby in all 'Ihirg r. at i- f ied , c orf irmed and ar, -(, ovad . The Board ordered tha..t the Street COM iss loner be not if ied to magre the necessary re-c,i rs to curb broken by steam -_-oller on Tndiana Avenue b t n Walnut St. and Pra it ie Avenue. Contract for grade and gravel roadway on Char, in Street -from Calvert St to Rwin�: Avenue and! curb P.rd wplk can west :r oe of said street be awarded to ff. L. Davis. Boa n^_d contract fo1 rb a,zd r2.lk on. iir_�, h Street i; __,d by '_i. L. Davis was appr oved by the Boa d_ . InoL_ra_.ce policy for ba,-n : t rewr of 22/ No. 1fain St^ ;-et owned Ity the City was f ilad ;;Tit r_ the Boarek by Arthur S. Irw,*in. Poly and wire inspector reported or complaint about Pole fir_ from of property at 211 South Frances Street. The Board ordar-id the sam. removed. Partial st mats allowed Henry Slot contractor on clear_irg and deepening My heCartr-ey Creek from La Salle Lake to point 300t no t'ri of Vassar Avg :aa for 0a 66 Concerning the improvement of the roadway of Euclid Avenue from La Porte Avenue to Walnut Street with; asnhalt, Asphaltic concrete, Bithul%hic or brick in pursuance to resolution No. 468 this being the day for receiving and opening bids, the Board at 10:00 A M. publicly opened, read and considered all _ bids. And thereupon , the Board designated Asphaltic Concrete as the kind of pava ent with which said street is to be improved with and fixes the 6th. day of October 1916 at 10:00 A.V4 as the time when petitions must be° f ilpd, U d the Board hereby continues this matter until the 6th. day of October 1916 at 10:00 A.M. as the .time when n6t it ions must be filed, and the Board hereby c ont inues this matter until the loth.day of October 1916 at 10:00 A.M. and all bids mere referred to the City Engineer for tabulation and he has reported the lowest and best bid. On the day above n<Pmed the Board will either pass on petitions let said contract, or reject all bids. E. M. M6RRIS BOARD OF PUBLIC WORKS. Approved 26th. day of September 1916. A. H. RICE JOHN B . WEBER Estimated cost of Dale Avenue pipe sewer improvement from Dubail Avenue& d to Indiana Avenue at ..... $630.00 The Board instructed the City Engineer to take the matter of of moving the gas post, owned by the Welsbach Street Lighting Company of America for gas lights on Mishawaka Avenue River Park up with theNorthern Indiann Cas`& Elec. Comygny and see that the same were all moved back to the new curb line this Fall. Communication received by the Board from F. A Miller, President of South Bend 's Indiana Centennial Association, asking to have Main Street from. South line of Washington Avenue to North line of Jefferson Boulevard also Hibberd Court from the west line of Polk Street to the east line of Main Street closed between the hours of 3:00 P.Y. to 6:00 P.M. on October 3rd,4th. and 5th. 1916. The Board ordered the same closed at places designated between boors of 3: G0 P.M. and 6: 00 P.M. on the above mentioned dates to all vehicles.: traffic, except Street car traffic. Clerk instructed to notify F. A. Miller and Chief of Police of the same. RELEASE AND SATISFACTION OF CLAIM FOR DAMAGES. South Bend, Indiana. Sept. 20,1916. Whereas, I, John Konzen, on the da:y of August ,1916, the exclusive owner -of one bay horse, and that on said day in said month of August, 1916, 1 was using the sane on Prairie Avenue, in the City of South Bend, ; Indiana, and that in driving said horse along said street, he stepped on a manhole leading into a sewer, and that the top or cover of the same titled and allowed and caused said horae s foot to go into said manhole, thereby causing an injury to the kneecap, which injury was permanent, and it was necessary for said horse to be killed. That T hiL7e this day received from the City c:f South Bend, Indiana, the sum. of Fifty Q50! 00! Dollars, which is in full payment, release and satisfaction of all claim for damages which I nay have against said City by reason of said injury. And in consideration of the payment of this sum, I hereby release all persons: what- soever from any liability for any negligence in the constreting or maintenance or cover thereon. Konzen. - JOHN J. KONZEN. Clerk instructed to make voucher covering said amount for John J. President.