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HomeMy WebLinkAbout01/16/1917 Board of Public Works Minutes3 Board met in regular session at, 10:00 A.M. A 11 members present , f Attorney Kovach represent ing Frank Radick , property ! owner on Webster Street met Alth the Board and discussed the matter.of more damages be awarded, to his client for_property taker. for the Widening of Webster Street & Indiana Avenue under Condemnation Resolution No. 39 adopted by the Board on August Ilrd.1915. The Board after due consideration decided to allow Seventy five .($75, 00)Dollare more in add it ion to Two Hundred ($200.00 )Dollars allowed on roll of 'awards of damages and assessments of benefits approved by the Board on the April 4th. 1916. Engineer in- structed to prepare and file with the Board a supplementary assessment roll. Attorney Stuart McKibben with Mr. 'Chas. E. Bucher appeared before the Board and presented the following petition: TO THE BOARD OF PUBLIC WORKS. 'Petition of C. Edgard Sher for, vacation of part of alley, Comes now, C. Edward Bucher and shows to -the Board that he is the owner of the following desorbed real estate situate in the City of South Badd, Indiana to Wit: Beginning One Rod West of the North-west corner of Lot 3971n the Original Plat of the Town., now City of South Bend, thence running West Sixty (60 ) Feet; thence South Twelve (12) Rods; thence East Sixty (60) feet; thence north Twelve (12) Rods to the place of beginning, and bding a part of Lot 1 in the Tract known as Johnson's Two Acres: He kas been such owner for more than fifteen (15) year last -past. That said real estate is located upon a plat known as Johnson's Two Wcres, which was surveyed and platted in 1859, This lies immediately west of and adjoining the original plat of the town new City of South Bend. That on the east side of said Johnson's Two Acres, there was laid out and platted a north and south alley running from; Jefferson St. to Wayne Street., which said alley as laid out, was sixteen and one-half feet (14) wide and which said alley lies Immediately east of and adjjoinging the above described real estate of this petitioner, and is. west of lots .397 to 400 inclusive, of the original plat of the City of South Bend. This petitioner says that the said alley wars paved with brick, about twenty (20) years ago, to the width of fourteen (14) feet west From the east side thereof, and no more; that the strip two and one half feet (20 wide on the west side of said alley and adjoining. the real estate of this petitioner on the east, is not used as an alley, and .has not been used as an alley, as this petitioner is informed for more than Twenty (20) years, but has been wholly abandoned. It has been used by the adjoining property owners for private purposes. Wherefore,, this petitioner prays that a strip of ground two and one half feet (*) wide off of and from the west side of said alley and extending from Jefferson St,, to the first alley south thereof be vacated. C.EDWARD BUCHER* STATE OF INDIANA SS ,ST. JOSEPH COUNTY ° Chas. E. Aucher being fully sworn upon his oath deposes and says - that he has read the above and foregoing petition and knows the contents thereof and that the same is true to the best of his knowledge, information, and belief. C.EDWARD BUCHER Subscribed and sworn to before me the undersigned a Notary Public in and You before said Court and State, this llth. day od January A.D. 1917 STUART MAC.KIBBEN ° Notary Public My Commissioner expires February '(S E A L ) 14*19176 The Board placed the above petition on file, until a trip could be made to investigate said vacation, 35z Del Lear -presented the following petitions for imprcreementa Sewer on Randolph Street from Leer Street to point 162 feet West of the west` line of Vernon Street. Board ordered Engineer to get out specifications Work to be done as a private contract, but the City at all times to have jurisdiction over improvements, such as placing - inspectors on work etc., Grade on Rand©lph Street from:Leer Street to Vernon Street, also Clyde Street from Dayton -Street to Valvert Street,- Same referred to . the City Engineer, Sewer on Dayton Street from Leer Street from Leer Street to E. Line of Leers Addition. Engineer ordered to get out specifications for same. Work to be done on private contract, but City at all` -times to ,have jurisdiction over improvements. P.ermission.was granted the Central Union. Telehone Company to set 1 -the following 'poles. To set thre*'.poles on Elwood Avenue betweem•Portage Avenue and Blaine Avenue.Also three pales in alley between Notre Dame Avenue and St. Peter Street fro from South Bend Avenue to Almond Ct. One thirty five foot pole and one eight foot anchor on the west side of the alley between Scott Street and Ch`pin,Street,just south of Jefferson Blvd. One 'thirty five foot pole and one eight foot anchor on private right of way just north of Jefferson Blvd.', in.line with`the one mentioned in the above paragraph. Also a two -multiple under -ground lateral across Jefferson Blvd. between the two above mentioned poles, . the. aerial cable crossing Jefferson Blvd., at this point to be dismantled., one pole to be dismantled on Jefferson Blvd., at this point one pole to be dismantled on Scott St., at interaeclidaz of Jefferson Blvd., two poles to be dismantled on Scott St., north of Jefferson Blvd., Install -a two multiple uuderg-ground lateral to a pole on private right of Way from a manhole .on Wayne St. betweeIL'Taylor Street and Scutt Sts6 the aerial cable crossing Wayne St. at this point to be dismantled also five pales ea Wayne Street from Taylor to Scott Zt., to be dismantled. -fte self. supporting stub on South Bend Ave. opposite thesouth side of SorinStreat+'°::-�. One eight foot anchor in the alley south of Sorix Street east of St. Peter Street. One thirty foot pole on St. Peter St. at the alley south of Soria St. ' Five thirty foot poles in the alley south of Soria Street Between St, Peter Street and Notre Dame Ste., aerial cable to be erected and aerial wire to be dismantled in the area mentioned in -the above four paragraphs. One eight Not anchor on the west side of St. Louis St., just north of the illey north of Cedar St. One thirty foot pole in the alley north of Cedar St. just east of St. Louis St., three thirty foot poles and two eight foot anchors on St. Peter St.n between Cedar Street and iner Streets. Two thirty foot poles and one eight foot anchor in the alley north of Cedar between St. Peter sad Notre Dame Sts., One eight foot anchor in the alley north of Cedar St., just east of,St. Francis Street. Aerial cable to be erected in the above sera -and the aerial wire to be dismantled. Two eight foot anchors in the alley between Prances and Parry Ste., at the intersection of the third alley south of Division St. two eight fagot anchors at the a intersection B the third alley south of Division. St. and Parry -St. One eight - foot anchor an Parry St. north of theinterseetioh of Parry and ,Eddy Ste, the above sit account of erecting cable instaad'of aerial wire in this aera.. Tte`?WnVving poles were met allowed to be set by the Board. One ftrtyy_foot pole on the west side of the alley between Hill and St. Louis Ste., about fifty feet north of La Salle St. also the fellewiug anchor. One nine foot anchor OR the east side of Michigan Street south of the first Street Ry. cots pole south of Sample St. C ity. Cemetery Sexton George M. grey presented annual report bf the' City Cemetery to the Board. Also the matter of purchasing a new cemetery tent was discussed, but this matter was.deferred-unt.il some later date, 354 Board --,met in regular session at 7:45 P.M,. Mr. E. M. Morris absent, dr. A. H.-Rice acting president. - Leff Bred h6tr ing had on assessment -roll andf inal estimate for sewer connections and extensions on Eddy Street and Mishawaka Avenue from Jefferson Blvd, to Ninteenth Street under Improvement Res_olut iaa No. 442. In the 'City of South -Bend, IndUna.` In the above matter the Board decided to defer ,all action as said roll until Tuesday January 23rd.,1917 at 7:45 P.M. Petition received from property owners requesting a pavement on Franklin Street from Indiana Avenue to Calvert Street. Sane read and referred to th the City Engineer for a report. Beard ordered the following lights-plac,od: one 80 C. P, light at 2nd. alley south of Huron Street on South "'Jackson Street... J one 80 .,_ P, light at corner of- alley running north and south from Wayne Street t®=.Division Street at Place Court. i?emove light now : located at black south of Lincoln Way West to °South east<7 morner of t,iacels Way :fit to Allen Street. The fallowing release was signed by the Board. RELEASE GDOBE INDEUNITY COMPANY OF NEW PORK, NEW YORK, You are hereby now and f©reever released from any and all liability under bond No. 9205 da -the Penalty sum of $1,000.00 executed December 21st., 1915 on behlaf of La'an$c E. Albright of South Bend, Indiana ,, in favor of the. City of South Bead, Indiana, for the use of the Department of Public Works covering. excavations in th streets of said City, arising subsequent to December 21st. 1916. Witness now the execution of this instrument and release is accordance with the power in -it vested in accordance with terns and provisions of the abovo mentioned bond this 9th. day of January 1917, DEPARTOIT OF PUBLIC WORKS Of the City of South Bead, Indiana. A. H. R ICE JOHN B. WEBER - . Engineer filed assessment roll and final estimate for curb and walk on various Street, in the City of Suth Bend, Indiana, under Improvement Resolution N e. 422. Resolved, that notices as to the amounts of assessments bepublished fir six consecutive days in the South Bead Daily Tribune commenceing on the mod. d9y of January 1917 stating that this Board will give a 1maring on the amount of such assessments at its off ice in the City gall -an -t to .3$�bh. day of January 1917 at 7: 45 P.Y. Resolved further, that the entire Rork under -the above.coatract be accepted and approved and the final estimate. thereon allowed and copy of thAs resolution shall be published on the 22ad. day of January-1917 in the South;Bend Deily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office is the City Hail on the 30th. day of -January 1917 at 7: 45 P.Mr V 345, E i ZONDEMNATION RESOLUTION -NO. 47. 1917. z Resolved by the Board of Public Works of the City of South Bend,,; Indiana: That the fallowing described property be appropriated for the use of said' City: Beginning at theintersection, of the southerly line of Lincoln Way East 'and the easterly line of Leer Street as.now.located thence westerly along the southerly line of haeoln Way East 22.27 feetto a point 20 Feet wdst neasured-at right angles from the westerly line of Leer Street produced; thence southerly parallel to and 20 feet distant measured at right angles from the westerly line of Leer Street as now located to the southerly lin of lot 6 in Leer's Survey; thence easterly along the. southerly line of said lot 6 to the westerly line of Lear Street as now..located; thence northerly on the westerly -line of Leer Street to the place of beginning The following deseribed property mybe injuriously or benefically affected by such appropr iat ion: - Beginning at the intersection of the southerly line of Lincoln Way East and the westerly line of lot 7 in Leers Survey; thence southwesterly on the westerly line of lot 7 to the northerly line Of the right of way of the Lake Shore & ,Michigan Sutheri Railway Co, thence southerly to, the north west corner of lot 49 in :the Replat- of Leer's Second Addition; thence south on the west line of lots 49 and 94 in; said Add it ion to the first alley east of Marine Street; thence south along the first .alley east of Marine Street; and. said alley produced to the center of Donald Street produced west; thence east along the center line of Dor;ald:Stree`t pro- duced west and Donald Street to -the center of Clyde Street; thence noth on the center of Clyde Street and Clyde Street produced -north to the northerly line of the Lake Shore and hiehigas' wa Southern.Raily Co`. right of way;,thence westerly on the northerly line of said right o!t way to the westerly line of lot 4 in Leer's Survey; thence northerly on the westerly line of said lot 4 to the southerly line of Lincoln Way East; thence westerly on the southerly line of Lincoln Way East to the place of beginning. The purpose of such appropriation is Widening of Leer Street from Lincoln Way East to the Luke Shore & Michigan Southern Railway. Notice of this resolution shall be published on the 18th. day of January 1917 and on the 25th. day of January 1917 in-the.South,Bend.DsAly Tribune. This Board, at its office in the City Hall on the 13th. day of February 1917 at 7:45 P.Y. will hear and receive remonstrances=.from all persons in- terested ;in or affected by these proceedings. Adopted ,this 16th* day of January 1917. BOARD OF PUBLIC WORKS. A. N: RICE JOHN B. WEBER Attest:. Veronic a C. Sweeney, Clerk of Board. The following bond and contract of Staples & Ackerman was approved by the Board. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, )BADE .and entered into this Ilth. day of January 1917 by and between Sta _ales & Ackerman of the County of St. Joseph and State of Indiana(herer- ixafter 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 as the" C ity 0) , under and by virtue of an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6919050and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to`construct a pipe sewer in Carroll'Street, Fellows Street, Marietta Street and Rush Street from Broddway to Indiana Avenue. In the City of South Bead, Indiana at the follow ng prices:- 1421 lin. feet 10" pipe sewer, per lin. ft.,. ,.....*_...$l920 582 tin. ft. 6" conduit Aipe, per lin. ft.,.. t , . .55 56.3 lin. ft. of manholes, each, per lift. ft..,... 3.75 6 maholes, curbs and covers, each ..................... 9.00 One flush task......................................15000 and to perform all work is the prosecution of said improvement undek_and _secording to the terms and conditions of Improvement Resolution no. 463 add by the Board_of` Public Works November 22nd, 1916 and. the plans, profile and spaalficat inns- -on-file in the office of the Department of Pub Ito Works, which said :resolut-ion, p-1a prat-iies, (over) and specifications are made a part hereof as fully and effsetually as if copied "and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all proper skill and care will* -be exercised; that he will properly guard and protect all e1cav6tions and dangerous plae es, and will use all due and proper,precautions to prevent injury to any person or property that in the event of any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising therefrom, to a per son or property, he will pay and liquidate the same at his own expense, and .assume the liability therefor; and in the event of any. claim or claims being made or .any action being brought against e Z-ity .by reason. or on account -of, or growing out of .said work or its constructioC)nthe said contractor will at. his own expense defend the same, and will pay any judgements recovered therein, ;and will in all respects 'fully indemnify add save harmless said City, its officers agents. or representatives from all cost, expense, payment or juft ement reocvered in connection ith such claim or claims, action oractions. :And it within ten days after any such action is begun, the City shall notify the contractor of the pendency thereof;;, then any judgement rendered.against the City is begun, the City shall notify, the contractor of the pendency thereof, then, any judgement tend- ered against the city shall be conclusive against the contractor and, against the surety on his construction bond, as to the amount, liability and other matters Pertainng thereto. And the contractor agrees to maintain said improvement and -make such repairs as may be necessary for the period and. in the manner as fixed by the specifications, and to secure the maintenance -and repair thereof to f ile' with -the Board of Public Works a bond with sufficient surety thereon and in an amount as.. f ixed by the.: spec if icat ions. And in, do ing such repair work the contractor and the surety on his guarantee bond; shall ba subject to the. same liability to the cityland any other person for any.injury or damage to any person or property the same manner„ and to . the same. extent as is fixed in the last preceding paragraph covering the construction work, And it. is further agreed by and between said parties that the acceptance of the work provided for in this contract, or for the payment thereof, shall not constitute• a waiver on the part -of the City of any of the provisions of this contract, nor shall. it release said contractor or the sureties on his bands for the faithful performance thereof; nor shall the acceptance be prima fatit evidence of the performance of any provision of this contract., except to the extent of sukai entitling the contractor to the contract price thereof. The contractor agrees_ to pay for all labor and material used Yna or furnished to be used in the making of such improvement and in the performance of this -contract, whether done or furnished for him, or his agents, assignee, successor or subcontractor; and the City may reserve As out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount dine him or his - assigns upon the completion of the work, so much as may be°necessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and -the doing'of said work, and the county Treasurer, acting. as City Treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied. The contractor agrees to remove all rubbish, earth, and unused -material in the streets or sides thereof upon the completion of the improve- ment or the repairing thereof. The work of making such improvement shall be completed according to the terms of this contract on 'or before day of 1917 unless the_ time for the completion of the -same shall be extended in waiting by the Board of Public -Works, And - it is agreed that any such ext ens ion of time, or any alteration of this contract or of the manner or method of doing such work shall in no way affect the diit ies, obligations or liabilities of the contractor or. his sureties. 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 written consent °of°the °Board of Public Works. 357 It is further agreed ttzi and stipulated that the contractor shall give to residents of said city - and county preference in the employment of all labor necessary in the performance -of this contracto, and failing to do so shall forfeit to the City the sum of Ten Dollars for -each failure to observe this stipulation. And upon the performance of ,all • the' t erms • and c and it ions of this cox-, tract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed; , collected and paid to said contractor in the manner ,fixed bybthe statute governing the making of such improvement. To each of the cond it ions and st ipulat ions of this contract, x#xtjc inc lud iag all and singular the prov is ions and terms . of , the , plans, profile, specifications, and resolution aforesaidm the undersigned, .binds ,himself or itsetlf, and the respective succesor. or. ass igns if such parties. IN TESTILONY WHEREOF, We, ,thq , f _ggiE g ,44mcd parties, hereunto set oun hands this llth. day of January 1917. STARM & ACKER14AN By S... U. ACKERItAii, Contract or.. CITY OF SOUTH BEND, IND IANA. ffY A . H. RICE JOHN B. WEBER Its Board of Pub 1 is Works. 4 CONSTRUCTION BOND. KNOW ALL MEN BY THESE PRESENTS, That we Staples &;fAckermax of the County of St. Joseph, State of Indiana, aspr inc ipal, and American Surety Company of New York, of the. C outny of State of 'New York as suret ie s , are hold f and firmly bound to the City of South Bend, Indiana; in the sum of One Thousand One Hundred forty five Dollars ($1,145.00) for the payment of which, well and truly to be made, we jointly and several bind ourselves, our heirs, executors, administrators and assigns firmly by these presents. The c and it ion of the obligation are such that if the above named Staples & Ackerman shall faihhfully comply with the foregoing contract, made and entered into the llth. day of January 19-17 with the City of South Bend; Indiana., and shall fulfill 11 the _ c and it ions and stipulations therein contained, according to the true intent and maening thereof, in all respects, then this obligation to be void, . otherwise to be and remain in full force and virtue in law. In the event the said city shall ex- tand' the time for the c omplet ion of said work, such ext ens ion shall .not in any way, release the sureties on this bend. This shall be a construction bond, and the sureties on the -same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the sec and -party, but such sure it ies shall be held responsible fr the faithful compliance with all other c and it ions, stipulations and requiremexts� covered by or set out in the contract.* WITNESS OUR HNDS AND SEAM THIS llth. day of January 1917. AMERICAN SURETY C0UPANY OF NEW YORK JY FRANJN E. LAMBERT STAPLES & ACKERMAN esiden ice President. By S. U. Ackerman, Attest: Hugh P. Duimahoo, Resident Assistant Secretary. The above bond approved this 16th. day of Jnuary 1917 A.: H. RICE JOHN B. WEBER Bard of Public Works. . Tuesday Jauuary =16t 1917 Coxt izued. Tke follewiag claims were -presented to the Beard. Voucher No. Eugi aer iug Dept. payroll........ 64 128.37 G.-E. Meyer & Sea .............. 65 2.05 Studebaker Corporatiex........,... 66 �.66 'Hinkle Motor Car Co...........'.. 67 30.10 - - e Typewriter Shop .............. 682.30 :. -Chicago Fire Hest Company........ 69 120.00 Royal Typewriter Co .........:...: 70 .75 The 'Typewriter shop ....:::........ 71 1.20 Meyer Seeberger.................. 72„ 31,81 Cemetery dept..................... 73 51,70 'Lentz Brethers....... ......,..... 74, 22.00 907.9 Ail .of .hhe above claims were allowed by the Board, Bill of Harry A. Woad for . ext ens ions and int ers ect iexs held up uuat it Tuesday Jauxary 30th. ,1917, President. A