Loading...
HomeMy WebLinkAbout07/02/1918 Board of Public Works Minutes22S Board met in regular session at 10:00 A.M. All members present. Mr. Kuntz of Benton Court appeared before the Board and made complaint of his basement wall be washed by by an overflew from newer on Benton Court and Milton Avenue. Mr. D. C. Layton, St, Com. was instructed to investigate said sewer and' report the, condition to the Board. Mr. J. Konoaste met with the Board and requested that the City sell five feet of alley west of Harrison Avonue south from Lincoln Way West to southerly lot sY 25 Witherills Sub, ,s,butting his property. The same was not granted. .tr. H. A. Wood of the Wood Realty Company met with the Board in regard to city putting in sewers on streets in Marquette Park. The Board instructed City Engineer to prepare resolutions for same. Mr. Chas B. Greene with Mr. W. D. Teeple, -Actg. Bldg Commissioner met with the Board in regard to extension of time on notice sent to repair or take dwwn wall of building on south St. Joseph Street. This matter was deferred for one week. A Complaint was filed with the Board from the Chicago, South Bend & Northern Indiana Railway Company by its Attorney H. W. Wair in regard to defective pavement in various places between and Along their track on Eddy Street and Mishawaka Avenue from Jeffereson Blvd. to 19th., Street. The same was read and placed on file,: and Mr. G. A. Elliott, President of the Board called Mr. White of the White ,Construct in Company at Chicago, Ill, and told him of the filing of this complaint and he advised Mr. Elliott that he would have Mr. J. W. Doyle of the White Construction Company come to South Bend Thursday of Friday July 4th., or 5th.,1918 to take up and go over these matters with Mr. F.- J. Anderson City Engineer. Partial estimate allowed L. H. Webster on the High Street and Ewing Avenue �ruskesewer improvement for the Amount of .............................$ 2@737.73 City Civil Engineer was instructed to get bids for repairing of East Colfax Avenue,- also Lincoln Way East, and sub mit same Tuesday July 9th.,1918 at 10:00 A.M. Street Commissioner instructed to re c.eive bids for the repairing of defective sewer on East La Salle Avenue between Notre Dame Street and St. Peter Street. Street Commissioner reported to the Board, that Thilman Bros. Plumbers informed' "him that they - -were unable to locate tap at No. Michigan Street. Street Commissioner ordered to look for tap and if he finds the same the plumber should - stand the expense of -digging, otherwise if tap is not located city will pay for it. Contract signed by Wm. H. Burke for the water connections on Blaine Avenue from Lincoln Way West to Portage Avenue in this City was approved by the Board. . 29-9 STREET AND ALLEY IMPROVEMENT RES OLUT ION NO. 579 e 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 Portage Avenue. from the first alley nortk. of Kinyon Street to the north City Limits as follows, to -wit:- Said. Avenue shall be graded, . and the roadway thereof. shall be paved; and a is o the roadway of certain portions of the streets and alleys which enter or intersect said Avenue shallbe graded and paved. The paving material to be used in making said improvement shall be Shheet Asphalt, Bitulithic Asphaltic Concrete, Brick or Portland cement concrete, and the_ foundation shall be portland cement concrete five (5) inches thick for the sheet asphalt , laitulithic, asphaltic Concrete and brick or rolled gravel six (6) inc as thick for brick; also cement curb shall be constructed along said avenue where same is not already constructed; storm water inlets and conduits shall be constructed where necessary; all manhole . c©vers . and inlets shall be set to the proper grade and cement marginal curb shall by constructed at all streets and alleys where necessary; all as is more particularly shown, and -all -in accordance with th profiles, plans, detail drawings and s pea if icat ions or, f lle in the off ice of the Department of Public Works of the City of South Bedd, Ind Tana, 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,, ent it led " An Act Concerning Municipal Corporations, " approved starch 691905, and in accordance with and pursuant to the prov is is ions of all acts amendatory and supplements thereto. Thecast of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which ruid into, but do not cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or. upon property hot subject to such assess - went; shall be paid by the City in cash out of its general fund, if able to. do so, or from a fttad created by a special assessment to be levied under the prov is ions of Section 108 of the above entitled Act. Assessments of ten dollars and more against each let, If deferred, are to be paid in ten equal annual installments, with interest at the rate of Six Der cant per annum. A bond or bonds will be issued to the contractor to the amount of such deferred =aa assessments in pro rat& pAyment for such improvement. Under no circumstances sha 1 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 for the collection of the same, or for the payment of any bond, bonds, certificate or cert if icates issued to said contractor in payment for such work, except for such moneys as shall have actually been reel ived by the City from the assessments for such improvement, or such moaays as said City is by said entitled Act and amendments and supplmenetss thereto required to pay. All proceedings had, and work done in the making of said improvement, as€se ss- meat 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 supplmental thereto. BE IT FURTHER RESOLVED, That the Board of Public Works fix the 31st•9 day of July 1918 at the hour of 7:15 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 improve- ment,, at which said -Board of Public Works -will hear all persons interested, or whose pro- perty -is liable be be assessed forsaid impro vement, 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 notice of the time and place of such public c ons iderat ion be published and mailed in the manner provided by law. Not ice of this resolution shall be published on the 5th day of July 1918 and on the 12th., day of July 1918 in the South Bend Daily Tribune. Adopted this 2nd.9 day of July 1918. G. A. ELLIOTT BOARD OF PUBLIC WORKS. H. F. ROSTISER Attested:.- Jon F. DEHAVEN Veronica C. Sweeney, Clerk of Board. 20'130 TRUNK SEWER IMPROVEMeITT RESLUTION NO. 580. _ o RESOLVED by the Board.of Public Works of the City of South Bend, County of St. Joseph, State of Indiana; That it ie desired and deemed necessary to construct a'Trunk sewer in Wilbur Street and'Thempeoa Street from Portage Avenue to Brookfield Street and lateral sewers in Stocker Place from the center line of Portage Avenue to the westerly line of Portage Avenue, Wilbur Street from Thompson Street t- Heller Street and College Street from Hamilton Street to Keller. Street, known as the Marquette Park Trunk Sewer System all in said City, which, from it size and cuaracter, is net only intended and adapted for use by property owners whose property abuts along the line of said sewer, but is also intended and adapted for receiving seweage from collateral drains already constructed or which may be hereafter constructed, and the same is hereby ordered constructed in and along the following line in said City,tow-it Beginning at the intersection of the center line of Portage Avenue and Wilber Street; thence south westerly and south along the center line of said Wilber Street to the. center line of Thompson Street -with a 30 inch vitrified pipe sewer; thence west along the center line of Thompson Street to the center line of College Street with a 30 inch vitrified pipe sewer; thence still west along the center line of Thompson Street to the center line of Brookfield Street with a 24 inch vitrified pipe sewer. Also begin at the intersection of the center line of Thompson Street and College, Street; thence north along the center line of College' Street to the south line of Hamilton Axaanxe Street with a 10 inch vitrified pipe sewer. A13o begin at the intersection of the center line of Thompson Street and College Street; thence south along the center line of College Street to the center line Of Keller Street with a 10 inch vitrified pipesewer. Also begin at the intersection of the center line of. Thompson Street and. Wilber Street; thence south along the center lineof Wilber Street to the center line of Keller Street with a 10 inch vitrified pipe sewer. Also begin at the intersection Of the center line of Portage Avenue and Stocker Place; thence westerly along the center line of Stocker Place to the westerly line of Portage Avenue with a 10 inch vitrified pipe sewer. Together with the necessary manholes, storm water inlets:, conduits, flush tanks and'house connections to the curb line along the line of said improvement, all as is more particularly shown, and all in accordance with the pro-,- files, plans, detail drawings and specifications on file in the office of the Depart - meat of Public Works of the City of South Bend, Indiana,, And to be built in accordance with the profiles, specifications, detail plans, maps and estimates now on file in the office of the Department of Public Works of s id City, which includes an estimate of the propost ion th t the cost of an adgquate local sewer, built along th above -line, bears to the cost of the -main sewer, to be built as follows:- The cost of an adWquadeelocal sewer, built along the line described, is hereby estimated and fixed to be I of the cost of the main sewer to be built along said line as above set forth, which proportion as herein estimated and fixed, shall be taken and adopted in all computations requiring a knowledge of the cost of such local sewer if built along the line where the main sewer is to be built. The cost of the construction of said sewer shall be d iv ided as follows:- L. So much of such cost as shill be equivalent to the construction of an Adequate local sewer not adopted to receive sewage from collateral drains or'sewers ,if built along.the proposed lines as hereinabove set forthm shall be paid'by the abut ting property holden and the City of South Bend, ` if it be determined that said City Is benefitted by said sewer in the same manner and to the same ipxtend as local sewers, are paid for by them under the Statutues do such cases made and provided. 2. The excess of cost and abov a what would be equivalent to the cost of a local sewer, if built along said Line, shall be assessed against each pieve of property in the district it area to be drained and against the City, if it be. determined that the said City if benefited by the said sewer, according to the manner and method prescribed by law, all of which said property beneficially affected lies within the -following described territory in the City of Soub Bend, County of St. Joseph and State of Indiana, to -wit:- 3. Beginning at a point 173.3 feet west from the westerly line of Portage Avenue; thence north westerly parallel with and 160 feet measured at right angles from the westerly line of Portage Avenue to the south line of Hamilton Str'eet; thence west along .the south line of Hamilton Street to a point 134 foot west along the south line of Hamilton Street to a paint 134 foot west of the west line of Brookfield Street; thence south parallel with and 134 feet west of the west line of Brookfield Street to the north line of. Keller.Street; thence east along the north line of Keller Street to the place of beginning. SAID IMPROVEMENT SHALL BE KNOWN AS MARQUETTE PARK -SEWER SYSTEM under Improvement Rays slut ion No. 580 in the City of South Bend, Indiana. And each piece of property in said d istndbt or area above described, inc lud ing abutting pr.ope;rty holders and the City of South Bend, if the said City is bene- fited, shall be assessed as aforesaid, to pay said excess of cost over and above what would be equivalent to the cost of a local sewer; , all- of which will more fully appear by preference to -the profiles, map, draw ingl, and apse if ieat ions now on f Ile n the off ice of the .Department 9f Public Works of said City, which, among other things, gives the exact course of said proposed main sewer, overflows, and its appurtenances, and the district or area which may be injuriously or beneficially affected thereby, as shown by the heavy boundary lines marked on said map_ and drawings, with proper words and figures Written thereon, clearly indd icat ing what said heavy boundary lines represent, and the district or area embraced thereby. 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 to the contractor in payment for sadA work, unless the property owners pay said assessments before said bond or bonds are issued. Under no c ircumst ncee 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 workm or for the collection of the same, or for the payment of any bond, bends, certificates or certificates ,issued to said contractor in payment for such work, except for such moneys as shall have been actually received b y said City from the assessments for such improve - me nts . All the proceedings load and work done in the construction of said main sewer add its appurtenances manner of assessment of property collection of assessments and Issuance of bonds thereSBr, shall be as provided for in an act of the General Assembly of -the State of Indiana,, entitled" An Act Concerning Municipal Corporations,," in matters pertaining to the constitution alteration and maintenance of public drains and sewers, pro- v id ing for the a onstr uct ion, alteration and maintenance of such sewers and drains in such c it ies and within four miles thereof, also prov id ing for the assessmaht of property specially benef itted thereby for the payment thereof, in whole or in past and for the �s :lee-t 1®a: of speh assessments, repealing all laws and parts of laws in conflict therewith and dec lar ing an emergency, approved March 6,1905, and all supplementary and amendatory thereto, passed by the General Assembly of the State of Indiana. $ot ise, of this resolution not _adxertised according to law, as a waiver signed by the H. A. Wood Real y Company , only property owners, and It is resolved . further that no hearing be set on said resolution, and that contract-ers- b:e not if ied to bid on said sewer, system Tuesday July 9th. ,1918 at 10: 00 A,. M.. all ` as per wa iv or s igned ° Adapted this 2nd. day of July 1918. ° G. A. ELLIOTT BOARD OF PUBLIC WORKS. g•'• ROSTISEH: JOHN F. DEHAVEI Attest:-, . Veronica C. Sweeney, Clerk of thi.Board. The following waiver was filed by the H. A. Wood Realty •Company and approved by the Board. RESOLUT I0N. . . Resolved by the Directors of the H. A. Wood Realty Company, a egrporation that H. A. Mood , As President, and Mabel T. Wood as Secretary are hereby authorized and empowered to sign, execute and deliver on behalf of .said H. A. Wood Realty Company, the form of waiver hereto attached, a copy of which is made a part hereof. The said waiver to be filed with the City of South Bend, Indiana, goncern.ing Lthe methed,and procedure used in theletting of a contract for a sewer system in Marquette Park, South Bend , Ind. This is to certify that the above is a true copy of a resolution passed by the Board of- Di-rest-ora-- of the H. A. Wood Realty Company, on the 2nd. day of July 1918. 1. M. T. WOOD xSecretary. The following waiver signed: by H. A. Wood Realty Company and approved by the Beard, WAIVER. 20 THE BOARD OF P€iBLIC WORKS:. South Bend, Indiana. WaREAS, the Board of Public Burks of the City of South Bend, Indiana, did, on the 2nd ,day of July 1918 adopt a resolution fv the improvement of Marquette Park sewer System. under improvement resolution No. 580, in the City of South Bend Indiana, by construction of a sewer, also the construction of the necessary manholes, and inlets, storm water inlets, --onduits, and reseeting' all manholes and inlets to the propert grade. All as shown on the plans, and in &acordance with the profiles,. detail drawings and specifications on Ifile in the office' at the Department of Public Forks. AND AREAS, we, the undersigned, are the only persons owning property on said street to be improved, and that we alone -are affected in any way by said pro- posed improvement, That we are,the sole owners of the separate parcels of land border- ing upon said street proposed to be improved. THEREFORE, in consideration that said Board 6 Public Works proceed to improve said streets in Marquette Park as proposed in said resolution, and for the further puppose of saving time and expense, we the undersigned, do hereby waive all objection on and defense of any defect in said proceedings, and to any violation in procedure for the construction of sewere,as fixed by Section 8722 of Burns' Revised Statutes Bf 1914. We further waive any right to object to the form of said resolution We further waive any and all objections to the fact that no advertisement for hearing was published as'required by law, and that n0 notices were mailed tuthe owners of property and that no hearing was held by said Board. We also consent that said Board -shall proceed to let the contract for doing said work in the following wanner; That they shall notify by mail roe ons ible contractors in the . C ity o of . South Bend, Indiana, .: of- said work to be done under said resolution, and that they shj� receive bids from said contractors for the doing of said work, and they shall let the contract for the doing of said work` to the lowest responsible bidder. And • we waive any objection to the action of said Board in setting said contract in a force and man- ner -other than provided by law. And we further consent that the cast of doing said work shall bw assessed against hhe different parcels of real estate owned by us, as provided by Sections, 8722,8723a,8724,8725,8726,8727,8728 and all acts and laws amendatory thereof or supplemental thereto. And we further agree that notice -given us by mail shall be cuff ie ient notice of the hearing upon the assessments made for said improvement. Given under our hands on the day and year first above mentioned. H. A. WOOD REALTY CO., by HARRY A. WOOD PresideNt. Attested:- M.T.WOOD,- Secretpr-.?. ai�x11wM Saturday July 5ih: 19181 . a Board .met in special session at 10: (3O A.M. All members_ "preaant. Eng izimer filed assessment roll and final estimate for. Sheet ;Asphalt pavement on 'Eddy Strset- and Mishiawaka Avenue from Jefferson `Blvd. to Nineteenth" Street under Improvement Resolution No. 544 , In the City of South Bend, Indiana. Resolved further, that notices as to assessments as required by law be published for six consecutive days -in -the South Bend` Daily . Tribune, `com- mene ng on: the 8th., day of :July 1918, stating that .this Beard will give a hearing on. the amount of such assessments at its office in the City Hall en the 17th., day of July 1918 at 7:15 P.M. , Resolved further, that the entire work under the above contract be pfccepted and approved and the final estimate thereon allowed. Notice of this resolu- tion shall be pub 1 ished on the 8th. , day of Jul yy 19180 Itiathe South Bend Daily Tribune statng that this Beard will give a hearing an the acceptance of such work at its office in the City Hall on the '17th. , day of July 1918 at . is P.M. President.