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HomeMy WebLinkAbout08/14/1917 Board of Public Works MinutesBoard met in regular session at 10: 00A. I. Mr. A. H. Rice absent. Bids't6l�e 'received; '6p6nJ6d'dAd`ee9d on the following pavement imDr ov e me nt . Pavement on Dubail Avenue from'Miami Street to Michigan Street under Improvement Resolution No. 543. Bid the Western C ons:truet ion C empa,ny. ' walk per' 'sq ft.::.;.::...'.::.:::::::.............$.12 curb, per' `1iAtt..:::: .�. :::: .'.'I.'.'.'.......... .23 grading per cu. yd. .............................. .61 8" conduit pipe, �r lin ft............ .......... .72 Storm neater ;inlets, each......,. ...........8.50 argin:a1 .curb,, -per .lin f,t.., .:....•, ......... .25 resetting inlets, each ............................1.50 Resetting manhole covers, each....................1.50 Asphalt roadway pavement per sq.oyd...............1.85 Asphaltic concrete per sq. yd.....................1.67 Bid of the Williston Construction Company. walk, per sq. ft........ ..... ... ..... ... .14 curb, per lin ft.................................. .30 grading per cu. ygi ................. .. .60 asphalt pavement Aztec per sq. yd..:..... ........ 1.84 Asphaltic Concrete Aztec, perdq. yd......... .... 1.63 8" conduit pipe, per lip ft.. # ................... .70 storm neater inlets, each.., .........:............ 9.00 Marginal cement curb, per tin ft.................` .20 Resetting inlets, each......... ........ ..........2.00 Resetting manhole covers, each........ 2.00 Brick per sq. yd. Poston, Standa,rd,Streator...... 2.40 Bid of the White Construction Company. • curb, per lin ft.. .. .. .. 30 ..... .. .... ... . ... . grading, per cu. yd....... ......... ........... .55 Asphalt pavement Trinidad Asphalt, per sq. yd.... 1.85 Aztec or Vexican..per.sq..yd................ ...... 1.74 Asphaltia concrete , per sq. yd.................. 1.74 us ing Tr inidad Asphalt Mkxican or Aztec per sq. yd..................... 1.60 Storm water inlets, each.. ............. o 7.50 8" conduit, pipe, per lin ft... .0........... 0... 0 .60 Uarginal curb, Der lin ft........................ .30 Resetting inlets, each ........................... 1.50 Resetting manholes, each ......................... 1.50 Bid of H. N. Barnes. -curb, per lin ft ... . . . . . . . . . . . . . . . 04 . . . . . . . . . . . . . .25 Grading per cu. yd............................�... .70 Brick pavement, Poston Block Der sq. yd ........... 1. 87 If cement filler is used add 12 cents per sq. yd. Storm.water inlets, each......... ................ 8.00 8" enduit pipe, per linft....................... .50 Marginal curb, per l,in ft....................... .20 Resetting inlets, each .......................... 1.50 Resetting manholes, curbs and covers, each...... 2.00 Bid of S. S. Saxton Co., walk, per sq. ft................................ .15 curb, per lin ft................................ .30 grading per cu. yd.......... ..... ......... .57, asphalt pavement, Trinidad Lake Asphalt per sq. yd 1.83 Mexican asphalt, per sq. yd..................... 1.74 Asphaltic concrete Natural Lake Asphalt pavement per sq. yd...................................... 1.61 Mexican asphaltic concrete pavement , er. sq. yd. 1.54 8" conduit pipp,per lin ft....................... .75 Storm water inlets, each... .......... .......... 30.00 ) over ) Bid of S. S. Saxton Coma,�ny, Continued. Marginal curb per l in ft ............................ Resetting inlets, each .................. ...........3.00 Resetting manholes, curbs and covers, each....... ... 3.00 and Niles Avenue. Howard Street, water connections between Notre Dame Avenue Bid of W. H. Burke. Short side, each.** ............................$25.85 Long side ...................41.3Q Did of Thomaa . Williams: ...... . > > ..... . Short >side,. ,each.>....>: �.......................025.(50 Longside, each...::».�..�..�.�.•.............. ... 40.25 All of >the >above ,bids were referred to the City Engineer for tabu- lation to be reported =on .at ,7:.45 >P.M. .this 14th. day of August 1917. Ex -_=ovation bond for the sum of One Thousand Dollars signed by ✓ H. G. Christman Company was approved by the Board. The .Board .or,der.ed ,tha.t .the ,certified ,check of the Federal Paving Company of Ha-milt®n ,Ohio ,filed with .bid .on ,Eddy Street and Mishawaka pavement improvement should be returned to said company as per telegram received August 13th. 1917. , The 'fol>ldwiAg'dnbTt1riication was received read and referred t the City Engineer. ... > . >>; August 9th.,1917. Boardof Public Works, South Bend, India) a. Sins: A petition to pave ire alley °between Washington and Colfax Avenue from William to Taylor ,Str>e,et{ , as filed .with you, and you orefused to act, I am informed These people then went to the Council and it ddered the alley paved. 1'ty position has always been that the wires in the alley should go underground before the ,paving. The Council did not seem to care €a.but 'the wires. They seemed to be under the impression 'that the ,Amer.icRn ,Tei,ephQnQ ,Prod ,Tgl,egra,ph Company were in this alley , As a matter, +6f _fact, the Electric .Light ,QQ.,, and the two telephone comvanies are the only ones >in ,t.,he alley, and they have the underground work partly done. I want all wires running ,with the )alley -put ,under... ,There would be in the alley only the poles: for disL-4ribtutJgrj,, gijq these in the permanent places , We want no ma,ving of poles after paving. The big pale back of my lot should be put at the corner of the lot. I cannot ,permit the .wires >from this pole-, some 14 besides my own, to permanently run over my let. In the interest .of the.:n.r.eperty ,can the alley, you should look into the matter before paving,, ;and .see, that, :t,4- ,-proper position of wires and poles is made. I trust you will see that the rig4t .tTjing is done. Yours respectfully, JOMT A. HIBBERD Petition received read and placed on. f ile for a light on ,Corner of Hill Street and. Cedar �trePt.° Boardorder>ed A ..100 C.P.. Incandescent light placed at Phillips, Street Fnd the 2nd. alley south ,of Division Street, also to place an are on Grace Street 250 feet west of Webster Str.e.et..:: PUBLIC IMP.OVEXEXM .C.OXTRACT-,(1_. Tli,ds agreement, 1i de and entered into this 10th. day f August 1917 by and ✓between The Western Construction Company of the County of St. Joseph and State of Indiana ( hereinafter referred t i 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, ref erred .to: >as Ahe ,", ,City",),under, and by virtue of an Act of the General Assembly oX the ,State ,of, Ir.di,ana.,. ,emJt>i+,led, :". An Act Concerning Municipal Corporations, " a,pprov'ed. a.rcr _6,,1,g05,.and .all, .amertdatary and supplmenta.l acts thereto. Witnessetj, that the contractor covenants and agrees to construct pavement on V�iarni Street from Fox Street to north line of Ewing Avenue In the City of South Bend, Indiana, at and for the following prices:- 650 lir., ft. of curbing per lin. ft.......... .$*24 553 cu. yds. of grading per cu. yd ................. ....... .65 4 storm gates, each .................................... 4..07.50 cement walk, Der sq. ft .................................... .12 100 lin. ,ft. of conduit pipe, per lin ft ..................-72 Reacttlgg inlets, each ..................................... 1.50 90 ft. of marginal curb, per lin -f't ........................ .25 Resetting 2 manholes, each. ................................ 1341 sq. yds. of Trinidad Lake Asphalt, per sq. yd ......... 1.78 and to perf6rm -alt'W"Ork in the f said prosecution- o improvement under and according to the termsand conditions, . of Improvement JResolution "No . ---- 529 --- ------------- adopted by the Board of Public Works-JuItO --- 12t,11,-7,1917, office of epartr- f Public Works, which said resolu- and the plans, profile and specifications on file in the offitheD nent o tion, plans, profile and specifications are made a part hereof-; as"fiiilly and effectually 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 excavations and dangerous places, And will use all due and proper precaution 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 there- from, to any person 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 or actions being brought against the city by- reason-oron, account of or growing out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and willin'all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or. judgment recovered in connection, with such claim. or claims, action or actions. And if within ten days aft'er any such action is begun, the city shall notify the contractor of the pendency thereof., then any judgment rendered 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 pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as maybe necessary for the period andin the manner as fixed by the specifications, and, to secure the maintenance and repair thereof io file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in th6- same manner and to thesameextent as is fixed in thelast preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided ior in this contract, or 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 bond for the faithful performance 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 thereto1r. The contractor Agrees to pay for all labor and materials used 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 agent, assignee, gnee, successor , - or subcontractor; and the city may reserve out of any allowance made on Any estimate in favor of the contractor or his Assigns, or out of the amount due him or his assigns upon the completion of the work, so h.,amay muc, - s - be necessaryall laborers or material men for amounts due them for work done or materials -" to pay used or furnished. to he used in the performance of this contract and the doing of said work, and the county treas- urer, acting as city treasurer, may retain money collected from property owners Assessed for said improvement to pay such debtsoruntil 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 improvement or the repairing the . reof. The work of. making such improvement shall be completed according to the, terms of this contract on or beforethe -------------------------------------------------------------- I ------------- ---------- day of ------------ ------------------------ ------ --------------------------- 19 -------- unless the time, for the -completion of t - he same shall be extended in writing by the Board of, Public Works. And it is agreed that any such extension: of time, or any, alteration of this contract or of the manner or method of doing -.such work4ha-11 in-no'way-a:&6i -the- Auties,'oblig' ations or liabilities of thecontractor or his'sureties. It is agreed that the contractor shall .not assign this con I tract, I or sub -let the work or Any part thereof to be done hereunder, without the written consent of the,BPard of Public Works. It is further Agreed and stipulated that the.contractor-shAl give to -residents of said city and county prefer- en7ce in the einpl6yinent' of all labor -necessary in the perform ' ance of this contract, and failing to do so, shall for- feit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions'of this contract, And 'things to be done and per- foFmed by said �contractor, the, said city agreesto cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. ai 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 undersigned binds himself or itself, and the re- spectiVe successor or assigns of such parties: , IN TESTIMONY WHEREOF,Ve, the foregoing named parties, hereunto'set. our hands this--- --------------- 10 -t-h -------- ---------- .--day of-Altuat-1917i 19 --------- - ------------------- -----------------------------Fr-e--d----R-a--n CITY ----- OF SOUTH,�PEND, INDIANA, Contract or. ton By-------------- X-7-10MIS ------------- ------- ------------------------------------------ --------- --------- -------- ----------------- ---------------------------------- Its Board of Public_ Works. --------- CONSTRUCTION BOND. Know all men by these presents, That we The Western Construction Company of the County of St. Joseph State of Indiana as principal and the Aetna Casualty & Surety C omp;�ny , of the County . qo o „ State of as surt ie.s are held. and firmly bound ° t the . C i Y . of South Bend, Indiana, in the sum of One Thousand ' ve ,Hundred . and , t.venty .five .DQllars o ($l, 525. 00 for the payment pf which well and truly°to,be,made,,we jointly and severally bind ourselves, our heirs, executors, adminstrators and .ass igns , firmly by these presents. The conditions ,of . 1,,e o9hlig4tion are such that if the above named. The Western Construction,Comp , faithfully ,comply with the foregoing contract, made and entered. into the loth. day of August 1917 with the:City.of South Bend, Indiana, and shall fulfill all the coditions and stipulations therein contained, according tothe true intent and manning thereof, in all respects, then this obligation to be ,void. , otherwise to be and remain in full force and .virtu*- in law. In the °event °the said ity shall extend the time for the completion of said work, such extesn�ion shall not in any way release the sureties on this bond. This shall be a construction bond, the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has bee accepted by the second uarty,but such sureties shal,be held responsible for the faithful compliance with all other conditions stipulations and requirements covered by or set out An the contract. WITNESS our. hands and seals this loth. day of August 1917. THE AETNA CASUALTY & SURETY COMPANY BY WILLIAU E. GELTZ, Attorney in fact. Attest: — Frank H. Dunnahoo. Attorney in fact. THE WESTERN CONSTRUCTION COMPANY BY.FRED RANKERT PRESIDENT. The above bond approved this 14th. day of August 1917. E. U. MORRIS BOARD OF PUBLIC WORKS. Bar. Goo. Hull appeared before the Board in regard to a canopy sign over ✓ his cigar store an South Michigan Street. The Board adjourned at 11:45 R.M. to make trip to investigate said sign. . Engineer filed estimated cost of pipe sewer on Fellows Street from Haney Avenueto a point 30 ft. north of the north line ®f alley north of Haney Avenue at the amountOf- ...................................................... $500.00 Engineer filed estimated cost of the pavement on Niles Avenue from Howard ` Street to Leeper Avenue at............`.. ................. ........$5,525.00 Pa tial estimate allowed H. L. Davis ''ontractor on Grade, curb and walk ✓ on Fox Street from Miami Street to west line of Oak Park Add. a,t......... $316.87 74311 . I& 7 L 1 0 Board met in regular sess ion at 7:45 P.M. All meribers , present.. Hear in:_ had on assessment roll and f in& 1 est image f or Grade, curb ;walk and grave_ l roadway on Chapin Street from Calvert Street to alley nerth of Ewing Avenue, under Improvement Res olut ion No. 469. In the City of S o:*th Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance ease f !led. The Board theref ore f ind that assessment roll f iled July 24th,:, 1917 is benef itted in the amount of assessments as shown on said rolls, and the Board further f ind th; t the assessment f olled f iled July 24th. ,1917 snd the f inal est image allowed July 24th. ,1917 should be and the same are hereby in all things rat if ied, c onf irmed and a, ppr caved . Hearing had on assessment roll and f inal estimate for pine sewer on Kline and Calvert Street from Lincoln Way East to Vernon Street, under Improvement p,-' Resolution No. 448. In the. City of South Bend, Indiana In the above matter no re'mcns orators appeared and no wr itten "remoz.-- s trance was f iled. The Beard f ind that assessment r ell f iled July 24th. ,1917 is benef itted in the amount of assessments as shown on said rolls, and th Board further f ind that the assessment roll f iled July 24th. ,1917 and th- f inal estimate allowed July 24th. , 1917 should be and the same are hereby in all things rat if ied, c onf irmed and a, ppr oved . Hear ing had on assessment roll and f inal estimate for Pipe sewer on Fox Street foon Miami Street to Leer Street, under Improvement Resolution No. 517.. In the C- it y of S out h Bend, Ind ia, n& . In the above matter nenremorstraters appeared and no written remon- strance w-)a filed. The Beard find that assessment roll filed July 24th., 1917 is benef itte in thi- amount of assessments as shown on sa; id rolls , and the Board furth:�r °find that that assessment felled filed July 24th. ,1917 and the final estimate allowed July 24th.,1917 should .be and the same are hereby in all things ratified, uonflirm�d and approved. Hear ing had or. assessment roll and f inal estimate for pipe sewer on Chestnut Street from Jeifferson Blvd. to Napier Street, under Improvement Resolution No. 470. In the City of. South Bind, Indiana. In the, above matter no remenstra,ters appeared and no wirtten remonstrance was f iled. The Beard f ind that assessment r ell f iled July ,24th. ,1917 is benef itted in the mount of assessments as shown on the said rolls, and the Board further find that the assessment roll filed July 24th.,1917 and the final estimate thereon allowed July 24th. ,1917 should .be and the same are hereby in all things ratified, confirmed and approved. Hearing had on Improvement Resolution Np 551 for the pavement on Niles Avenue from Howard Street to Lee,)er Avenue, uxdxr In the City of South Bend, Indiana. Upon said hearing Attorney F. E. Lambert, representing the Shively Heirs appeared and remonstrated against said improvement, but no written remonstrance was filed. And the Board be it fully adv ized in the premises, decides, that the benefits to property liable to be assessed for said improvements, are equal to the estimate d cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted, and the same is hereby in all things,rat if ied, confirmed and approved. Resolved further, that notices be published on the 15th. day of August 1917 and on the 22rd . day of August 1917 in a newspaper of general circulation in said City, stating that this Board will receive bids for the construction of said improvements up to 10:00 A.M. on the 28th. day of August 1917. The Board reserves the right 'to reject any and all bids. Hearing given on resolution Yf or the Vacation of part of the alley betwee lots 10,11,12 and 13 Chapin a s Sub. Division of Bank Out Lots 1 and 2 under Vacation Resolution -No. 40. In the City of South Bend, Indiana. In the above matter no remonstraters appeared and no wirtten remonstrance wasfiled, The Board therfore declare the above property vaa,cted. Enginer instructed to prepare a roll showing awards of damages and assessments of benefits in the above matter. Hearing had on resolution No. 553 for ,/Fellows Street from Haney Avenue to a point 30 first alley north of Haney Avenue, in the City the pipe sever improvement an feet north of the north line of the of South Bend, Indiana. Upon saidhearing no remonstraters ap-P eared and no written remonstrance was f iced.. And. the Board being fully advised in the presmies, decides that ' the benefits to property liable to be assessed for said improvements, are equal to the estimated cost of the same, a.s reported by the City Civil Engineer, and thereupm takes final action on said resolution as originally adopted, and the same is hereby in all thugs ratified, confirmed and approved. Resolved further that notices be published on the 15th. day of August 1917 and an the 22nd. dayof August 1917 in a nears aper *f general circulation in st sa i City, stating that this Board will receive b i s fo,the-construction of said improvements up to 10:00 A.N. on the 28th. day of August 1917. The Board reserves the right to reject any and all bids. Engineer filed assessment roll and final estimate for pipe sewer on 04temo Street from Iroquois Street to Lafayette Street, under Improvemzent Resolution No. 485. In the City of South Bend, Indiana,. . Resolved, that notices as to the assessments as required by statute be published on the 15th. day of August 1917 and on the 22nd. dayof August 1917 in the South Bend Daily Tribune, stating that this Bard will give a hearing on the )4mount of such assessments at its office in the City Hall on the 28th. day of August 1917 at 7:45 P.M. ° Resolved further, that the entire work under the above contra t be accepted and approved and'the final estimate thereon allowed. Notice of this resolution shall be published or, the 15th. day of August 1917 and on the-22nd. day of August 1917 in the South Bend Daily Tribune, stating that this Board will give &hearing on the acceptance of such work at its office in the City Hall on the 28th. dgy of August 1917 at 7:45 P.U. ° Engineer filed assessment mall and Olive Street from Linden Avenue to Washington c/ No. 496. In the City of South Bend, Indiant. Resolved , that notices as to the be published on the 15th. day of August.1917 in the South Bend Daily Tribune, stating that the amount of such assessments at its office of AuZD gust 1917 at 7:45 P.M. final estimate for pipe sewer on Avenue, tinder improvement Resolution assessments as and on the 22dn. this Board will in the City Hail Resolved further, that the entire work under the accepted and approved and the final est mate thereon allowed. resolution shall be published on the 15th. day of August 1917 of August 1917 in the South Bend Daily Tribune, stating that a hearing on the accentance of such work at its office in the 28th. day of August 1917 at 7:45 P.M. required by statute, - day of August .1917 . give &hear ing on on the 28th. day f above contracts be Notice of this and an the 22nd. day this Board will give City Hall on the xHoaxlxgxh Engine-r fi1_edQssessm-nt roll and final estimate for pip se^,er on _ *Milton Avenue from Miami St-,eet to Bigh Street, under Tmprovement Resolution No. ✓ 528. In. the City of South Bend, Indiana.. ° Resolved further, that notices a_s to the assessments as required: by statute be published on the 15th. day of August 1917 and on the 22nd. day of August 1917 in the South Bend Daily Tribune,° sttt?ng that this Board will give, a h=Pring on the amount of assessments at its office in the City Hall on the 28th , da.y of August 1917 at 7:45 P.U. Resolved further, thQt the entire work under the above contracts . be a,ccept,ed and approved and the final estimate thereon a,llowed. notice of this resolution shall be published on the 15th.' day of .Auiz-ust '1917 and on the 22nd. day of August 1917in the South Bend Daily Trirurle, 'stating that this Bard will v give a hearing on the acceptance of such Rork it its office in the City Hall on the 28th. day of August 1917 at 7:45 P.M. Engineer filed assessment roll and Final estimate for Grade, curb and walk on E. Taslington Avenue from Sur nyside Avenue to Jacob Street, under Improvement Resolution No. 461. In the City of South Bend, �Indiana. Resolved, that notices as to the amounts of assess lerits as required by statute be published for six consecutive days in the South!Bend Daily Tribune, commencing or. the 20th. day of August 1917, stating the;t this Board will give a hearing on the 3,mount of such assessments at its off ice in the City Mall on the 28th. da.y of August 1917 Pt 7:45 Resolved further, that the entire work under the above contract be accented and approved and the f ina,l es t im ute thereon allowed. y in E'ng ir.:�er f iled assessment, r of l and f inal est imat e f or as johalt pavem.=nt on Harrison Avenue from Lincoln Way West to Fuerbringer Street, under Improvement Resolution No. 495. In the City of South Bend, Indiana,. Resolved further, that notices as to the amounts of a.ssessmepnt as required by law, be published bor si x. consecutive days in the South Ben d Daily Tribune, c ommenc ing on the 20th. day of August 1917 stating that this Board will give a hearing on the mount of such assessments at its off ice in the City Hall on the. 28 th. day of August 1917 at 7: 45 P.M. Resolved further, that the entire work under the above contract be accented and approved Rnd the final estimate bhereon allowed. Engineer filed assessment roll and final estimate for concrete pavement on alley between B.O.L.14 & 15 and between Lots 3 and 4 Filler's and between Lots 11, 13 and 10 , 12 Chapin's Sub. of B.O. Lots 1 and 2 from Colfax Avenue to Lincoln Way West, under imnrdv-ment Resolution No. 500. In the City of South Bend, Indiana,. Resolved, that notices as to the amounts of assessm'ents be publ-ished' for six consecutive days in the South Bend Daily Tribune, eor,�mene ing on the 20th day of A. gust 1917 stating that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 28th. day of August 1917_ at 7:45 P.M. - Resolved further, that the entire work under the above contract be accepted and approed and the final estimate thereon allowed. Engineer iiileed assessment roll and final estimate for asphalt navemtnt on Fuebrirnger Street from -Cottage Grove Avenue to Sherman Avenue. under Improvement Resolution No. 487. In the City of South Bend, Indiana. Resolved, that notices as to the amount of assessments be published for six c onse out ive days in the South Beard Daily Tribune, e omnenc ing on the 20th. day of August 1917 stating that this Board will give a hearing on the amount of assessments at its office in the City Hall on the 28th. day of Auust 1917 at 7: 45 P.14. Resolved further, that the ®retire work under the above contract be accepted and approved and the final eatim to thereon allowed.. Engineer filed assessment roll and final estimate for asphalt pavement on Franklin Street from Indiana,Avenue to Calvert Street, under 1mrovement Resolution No. 488. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published for six consecutive days in the South Bend Daily Tribune, commencing on the 20th. day of August 1917 stating that this Board will give a hearing or, the amount of such assessments at its office in the City Hall or. the 28th. day of ugust 1917 at 7: 45 P.M. Resolved further, ;,hat the entire work under the above contract be accepted ad approved and th final estimate thereon allowed. The Board awarded the gontraet for water connections on Howard Street to Thomas Williams cotract price at ............. .....$611.00 Be bidsreeeived on Chestnut Street, the Board ordered that this ,/' improvement be readvert ise# bids to be received August 28th. ,1917 4t 7: 45 P.U. Conerning the Imnr ovement of the roadway of Dubail Avenue from C""'Michigan Street to Miami Street, with asphalt, asohaltic concrete, bitulithic, or brick in pursuance to Resolution No. this eb ign the day for receiving and opening bids, the Board of Public WoBks at 10:00 o'clock publicly opened read and considered all bids. And thereupon the Board designted AsphaltioConcrete the kind of pavement.with which said street is Lobe improved and fixes the- 25th. day of August 1917 as the time when petit ions must be filed, and the Board hereby e ont inues this matter until the 25th.day of August 1917 at 10: 00 A. V,-. On the above above named the Board Frill either pass on petitions, let said contract, or reject all bids. E. M. MORRIS A. H. RICE JOHN B. 7EBER BOARD OF PUBLIC ?'iORXS. Dated this,14th. day of August 1917. The following communication with agreements as to the pavement between Chicago South Bend & Northern Indiana Railway Company tracks on Eddy Stret and Mishawaka Avenue was filed and approved by the Board .. AUGUST•10,1917. Mr. Eli. F. Seebirt, City Attorney, City of. South Bend, South Bend, Indiana. Dear Sir In' reference to your suggestion that the railway company file a stipulation with the Board of Public Works setting forth specifically the pett ik of Mishawaka Avenue and Eddy Street that is to be improved at the exepnse of tYr Chicago, South Bend & Northenn Indian Railway Company, I have submitted your suggestion to th Board of Directors of the Company and am authorized by then to execute the stipulation as drafted by you. In order to admit of my signing the agreement on behalf of the railway company instead of its exeeut ion• by the President / and the secretory, as proposed by your form, I have caused the last paragraph V of eabh form to be recast so as to recite th?t the agreement is executed by me as its attorney instead of by the President and secretary, and I enclosed there with the agreements: One covering the proposed improvement on Eddy Street and Vishawaka Avenue between Jefferson Boulevard and 19th. Street; One covering the portion of the improvement on 14isha,wake Avenue between 5th. Street abd 19th. Street; One covering the portion of the improvement of Mishawaka Avenue from Eddy Street to 19th. Street; One covering the portion of the improvement on Mishawaka Avenue from 5th. Street toEddy Street, and. Another covering that portion of the improvement on Eddy Street from Jefferson Boulevard to the south line of uishawa.ka Avenue Very truly yours, ;HARRY4?,WAIR. AGREE%ENT AND RATIFICATION. That, Whereas, the Board of Public Works of the City of South Bend, Indiana heretofore on the 3rd. day of July 1917 adopted a preliminary resolution, numbered 544 for theimprovement of that portion of Mishawaka Avenue and- Eddy Street from Jefferson Blvd. to Nineteenth Street by paving the same with some kind of modern City pavement; Tuesday August 14th. ,1917. Continued. And Whereas, on July 24th.,1917. and before said resolution was finally adopted the Chicago, S€atth Bend & Northern Indiana Railway Company by Harry R. Wair its General Counsel, filed in th(5 office of said Board its election pursuant to the provisions of an Act of the General Assembly of India -no, for the year 1917 ( Chapter 132 of the acts of 1917) hereby it elected to have that, portion of said street about to be improved, which portion is occupied by the tracks of said Company and which portion said Company is bound by contract with the said City to improve, improved and paved with Metropolitatr. air some equally good paving brick, and that the paving of said portion shall beiincluded in the general contract let by said Board; And Whereas, certain prospective bidders and certain property owners desire to know just whit portion of said streets: said Railway Company agrees to have improved and pay for, and in order to avd.id further doubt, delay and poss ib iltty of litigation on said subject, and in order to make more certain and definite the intent and ourspoe of the election heretofore filed by said company, it is hereby agreed and declared by the said Company that the portion of said street which it desires to have paved with Metropolitan or some equally goad paving brick and which it agrees to pay for is the part three and one-half feet each way commencing at the center of the space between the rails and also all spaces between its double tracks, where it has the same, extending from Jefferson Boulevard to Nineteenth Street in said City. And said Company furtherrtlore declares that it is dts desire and puroase to cause the cost of paving and improving said portion to be paid in deferred payments in the manner and form as provided in Section 8940 of Burns' Revised Statutes of 1914. And said election heretofore filed on said July 24th.,1917, is hereby in all things ratified, confirmed xxotx This agreement and ratification is made upon the express condition that said portion of said street occupied by said company's tracks :as above defined shall be paved vi.th the brick as herein described and in conformity to said election so filed on July 24th.,1917. In Witness Whereof, the said Company has caused this agreement to be executed by it general counsel, duly authorized, thereunto, and had attached its corporate seal this loth. day of August 1917. CHICAGO, SOUTH BEND & NORTHERN INDIANA RY. CO. BY HARRY R. WAIR ( S E AL) ITS GENERALCOUNSEL The above agrsemlent was approved by the Board. 11-imutes of August 7th. ,1918 read and approved- by theBoard. President.