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HomeMy WebLinkAbout02/08/1919 Board of Public Works Special Meeting MinutesFEW Board m*t in special secs ion at 10: 00 A.?A. All members present. ,This %e ng the d-*te set for deferred hearing on Pipe sewer on Lindsey Street from Bla.ne Avenue to Portage Avenue, in the City of South Rend,, Indiana, Mr .; Ke.lie property owner y + . y P . P y � .on Lindsey, Street appeared, before the Board and the matter ojO a temporary connection to Portage Avenue sower was discussed, also the tpriva.te sewer connection Mr. M. Kelley claimed he has with Qthe Garwood Property adjoingAg his on Lindsey Street.. He stated is he could isake the.necessary co2nectian and repair in the private sewer between his and the Garwood property it would-be unnecessary to Install a sewer in 'theis block. The Board deferred this matter until Tuesday -February 18th. ,1919 at 10: 00 A.,M. until thismatter could bd investigated. (Cape Guy L. Bunker present at said meeting, still objected'to sewer'being constructed on Lindsey Street from Leland_Av*. to { Portage Avenue as he stated he had adequate sewer into Leland Avenue sewer. As matters came up , before the Board relative to bills in the State Legislature affecting the City of South Bend in ; 'contemplated improvements, it was unanimously decidcdthytthe Board of Public Works should -go to Incaianapolis, rind spend the necessary time to take up these matters with the Legislature.. The expense of the different members to be paid by proper voucher of -the Board when a proper voucher and itemized statement of expenses were filed. City The fallowing communication was presented by Attorney Thos, W. Slick, same read and deferred indefinitely. February 8th.,1919. The Board of Public Works, South Bend, Indiana. Gentlemen: - he Board of Pub1lc Works underthe formek admin.stra,t ion widened Leer St. and condemned a, strip of land 20 ft. by 280 ft. off property belonging to Mr. Talcott, and I hand you herewIth a penciled sktech showing the property condemned. Messrs. Rapp, Judie and Tohulka have appraised the damages as follows:- 290 ft. of sidewalk ,5ft. wide at 10cets per sq. foot. $140.00 280 ft. of curb , at .15 per lineal foot 42.00 30 large shade -trees destroyed 300.00 Moving 280 ft. of iron fence i l 60.00 20 ft. frontage on Vistula, Avenue 200 ft4i deep at ., 050,00 per front foot. 1000. 00 80 ft. of front on Leer St. by 20 ft. deep at $5.00 per front Moot � '. 40o.00 Making a total 'of dama�es Appraised 1942.00 The former Board of Works all®g ad -11113.50 and assessed benefits in the sum of $80.00 making a total of damages to be paid to Mr. Talcott in the sum of $ 1,033.50 Mr. Talcott also states Chet a rustic house and a large quantity of shubbery were necessarily destroyed byt he has made no claims for damages: f+or these items. Mr. Talcott appealed from a decision of the -Board of Public Works she pleadings were argued and settled before the late Judge Fedd,in the St. Joseph Superior Court, and afterwards the City took a change of venue to the Elkhart Superior Court, where the case is now pending. I have had several conferences wIth Mr. Talcott and Mr. Shively, his att#eney and also with Mr. Rapp and to -day Mr. Talcott agreed to throw off $200.00 of the above claim and accept $19742.00 in full settlement of the litigation. 011033-.50 has been paid in and, I am informed is now in the hands of the`Count-y ,.reasurer, so that if this settlement should be made, it would be necessary to appropriate $708.50, making a total of $1,742.00. I am of the opini©n that the settlement is just, and should be made, and I am of further opInion that it will be tke to the financial advantage of the City to make the settlement For the reason I recommend the a llowanve of thIs claim and of an ordinance pppropr iat ing $708.50 for this purpose, 441 the preparation and passage Yours very truly, THOS . T. SLICK, City Atty. 1 The following resolutions were adopted by the Board. LOCAL, SEXIER IMPROVEMENT RESOLUTION NO. 616. RESOLVED _ BY 'UHF' BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE . OF INDIANA That 'the construction of a local sewer, intended and adapted ohly for looal use- by the property holders whose property abuts thereon, - and not intended tr adapted for 'receiving seweiaage from collateral' drains, 'be 'arid the same is hereby ordered in and along Jackson Street from Ford Street to a point 110 feet south of the` aouth- line of 'Division Street as follows, to -wit: - Beginning at the interwect ion of the center line 'of Ford Street and Jackson Street; thence _north along the.'` center line of Jackson Street to a point.-110 feet south of the south lixe. of Division Street with a 12 inch v itr if ied pipe sewer; together .with the necessary manholes, storm water inlets, c ondu its ; flush tanks- and house connections to the curb line along the line of said. improvement, all as is more particillarly shown and all in accordance with the plans, profiles, detail drawings and specifications on file in the Office of the Department of Public Works of the City of South Bind,1 Ind ianam and saa id sewer, with all its appurtenances shall be constructed in accordance with the profile and specifications now pn file in the office of -the Department of Public Works of said City. The cost of said improvement shall be apportioned against and -paid by the property holders whose property abuts thereon., and upon the City of South Beiid, if the City is bcnef itted by said improvement, and all according to the metohod and manner provided for in Act of the General Assemblu of the State of Indiana, entitled " An Act �_oncerning Municipal Croproations, " approved March 6,1905 Assessments, id ferred, are to be paid in hen 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 such work, unless the property owners pay said assessments before said bond or bonds are issued. Under no circumstances shall the City of South Bend be or be held responsible for any sum or sums due from said property owner or wwners for said work, or for the collection of the same, or for the payment of any bond or bonds, certi-- f icate or cert if icates issued to said contract in payment for such work, except for such moneys as shall have been actually received by the City from the assessments for such improvement, or such moneys as said City is by said above entitled Act required to pay All proc eedings had, and work done in the making of said improvement, assessment of pro- perty; collections of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Oct. Notice .of this resolution shall be published on the llth., day of February 1919 and on the 18th., day o.� February 1919 in the South Bend Daily Tribune, y'his Boa:rdwdll ;give a hearing on this resolution at its office in the City Hall on the 19th., day of[March 1919 at 7:15 P.�M. . r Adapted this 8th.;, day of February 1919. BOARD OF PUBLIC WORKS. Attested: - Veronica C. Sweeney,. Clerk of the Board. G. A. ELLIOTT H. F. ROSTISER JOHN F. DEHAVEN STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 617. BE IT RESOLVED "BY THE BOARD OF PUBLIC WORKS OF � HE CITY OF SOUTH BEND ST. JOSEPH COUNTY, STATE OF INDIANA,'that it is desired and deemed necessary to improve Sherman Avenge from Lincoln Way West to Portage Avenue as follows., to-wdt:- Said Avenue shall be graded and the roadway thereof shall be paved; and also the roadway of certain portions of the streets and alleys which enter or� intersect.=said. avenue shall be .graded and paved; Zhe paving material to be used in making said improvement shall be Sheet Asphalt, bitulithic, asbha"ltie cnerete or brick; and the .foundation, shall be pa.ctland cement concrete five (5), inches thick ;for the ;,Sheet Asphalt, bitulithic,. asphaltic concrete and brick, or rolled gravel six (6) inches thick for the —brick; also the cement curb now in place on said::avenue shall,be taken out and a concrete combination curb and gutter shall be constructed along said avenue; storm water inlets and cor_duits shall be constructed where necessary; ail ,manhole tops and storm water inlets shall a set to the pro -- ,per grade; cement marginal curb shall be constructed at,all streets and alleys where necessary; all as is more paiticularly shown and -all in accordance with the plans, profiles, detail. drawings -and specifications on file in -the office of the Department of Public Works of the City of South Bend, Indriana. The cost of the improvement herein' -provided for; except street and alley intersections, shall be paid by special assessmes;t to be levied upon the property specially benefltted, to the amount that the same may be leg- ally assessed therefor, in a.ccordaned with an Act of the General Assembly -of the State of Indiana, entitle$ "An, ;Act Obneerning Municipal Corporations," approved March 6, 1905, and in accordant® with and pursuaut file provisions of all acts amendatory and supplemental thereto. The cost of all -street and alley L tersections, Including one=half of the width of the 1-. _-p3ov2gmbnt op»u- alte Streetand alleys which run Into, but do not cross s =-id roadway herein proposed to be tiP"'6bd slid that ott of Z11eh street or alley abutting upon property belonging to ;said. City, or upon property hat 911blett to fEiitil_�r sess►aaeat,. stall be paid by the City in cash out of its general fund, if able to do so, or from a Imnd wo- sted by n s ,^.+,i l av05%rient to be levied under the provisions of Section 108 of the above" entltlad Act, Assessments of ten dollars and more. •agal4st each lot„ if deferred, are to be pp -Ad in ton btium aahual tn. 8tealaae� ts, :<n i>iterest at the rite of pia per cent pen annum. A bond or bovda will be Issued to tho M-' fte liner the, am9uut of ,ZueU�(Jejerred: assesa�nts in pro rata payment for such impr�raaiit, Under no -circumstances shall the city of South. Bend be, or be held respoassble for any sum or sums due tr6bi said" property owner or owners for said work, or for the collection of the same, or for the payment of Any bond, _bands,. ;eeriiticate or certcates, 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 • Mbhcys as said_ City ;is by said entitled Act and amendment and supplements thereto required to pay. All _ - proceedings had, and work done in the making of said improvement, assessment of property, collection of ;as-. sessments and issuance of bonds therefor, shall be as provided for to said above entitled Act, and Acts amend- i,%M thereof and supplemental tbtreto, B*���T ~�, I'Tth''A _r, SOLVED, That the Board of Public Works ft the... , . 3! ► ►•► ► ► ► ! ►_ ► ► �^8 .�4 'fit .. .... �. i 1 ar q a hour of 7, S P. M., at the Wj4 —a l� 0 ►' .' V'c' tli s Ci .y, as the time =+nd r oc 4oF the public consideration of Bald reta*Ad A - -V 0. hf h ^ Board of T z.-'_c V rks will b :r all persona interested, or whose prog4rty Is 11M) b tO s a d ` n grove ?ent, are v�ill c'� c'r?e �sT� for the benefits to the property itabll t0 b! !ililjf lyddi°dH will egtnl the e_s ;1 I cost tpe,^of. PTI 1T U2T1- @ : RESOLVED, That notice of the time and plans Of saA1; 00118 d0 ldiif i 11sh,ed ad Li_,!led ,n. the manner rM�v�dje b law. Notice of this relwint�a Bull to �11111E4 0h li.�a e s laay of.. -,Febj .:and on the .day day of. •.Fi �i•�. •. • •., x ilq-., in as th l iL$ ' Tr ihune, Adopted •thin•.... • •�•s.r..w •:..••.day OL •y;.[.•s. sy'rc. r.+.v v�1.����1�f11f1/1 iljtl February 1919. . BOARD OF PUBLIC WORKS. G. A. ELLIOTT H. F. ROSTISER - JOHN F. DEHAVEN Attested: - Veronica C. Sweeney, Clerk of the Board. 4:3 LOCAL SEWER ILIPR OVEIENT RESOLUTION NO. 618. RESOLVED BY HE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, ,hat the construction' os, a local sewer, intended and adapted only for ftea lv ing sewerage from collateral drains and. be and, the same is hereby ordered in and along Fellows Street from the lst. all north of Dubail-Avenue to a point 40- feet` north- of th said alley as follows, to -IV It: ' Beginning at the intersection of the center line of the 1st alley north of Duba it Avenue and Fellows Street; thence north along the center line of Fellows Street to a point 40 feat north of the north line of said alley with 10 inch vitr if ied pipe- sewer; together withthe necessary . manholes, storm water 'inlets'. conduits, --'flush tanks and house conne ctions to the curb lijie along the line of said improvement.: all as is more particularly sh9wn and all in accordance with then plans, pr if iles, detail drawings and specifications on file in the office of the Department of Pub 1 is Works of the City of- S outh Bend, Ind iana , and said sever, :vith all its appurtenances shall be constructed in accordance with the profile and specifications now on file. in the office of the Department of Public Works of said City. Thy :cost of said improvement- shall' be 'appart-ioned againAt and paid by the property holders whose property abuts thereon, end upon :the. City of South Bend if the City is benefitted by said impr e'ment, all according to the method and .manner jxrovided for in Aot., of the General AsFatmbly of the -State of Indiana, entitled " An Act Concerning Municipal Corporations," approved March 6,1905. Assessments,. if deferred, are to be paid in ten equal annual installments. with interest at the, rate. of Six per cent per annum. A bona or bonds shall be issued to the contractor in payment 'far such work, unless the property aamers pay said assessments before. the said bond -or bonds are issued. Under no circumstances shall the City of South Bend be or be held responsible for any sum or sums due from said property owner or canners for said work or for the collect ion of same:, or far the payment of any bland, or bonds, certificate or certificates, issued to said contractor in payment for such work, except for. such moneys as 'shall have been actually received by the City from the assessments for such *improvement, -or such moneys as skid City is by said above entitled Act required to pay. A11 proceedings had, and work. done in the making of said Improve- ment, assessment of property, collections of assessments and issuance of bonds therefor, shall be as provided .for in said above entitled .act. Notice of thus` res glut ior, shall be published can the llth . P. day of Feb ravyy 1919 and on -the 18th. , day of February 1919 in the South Bend Daily Tribune. ,.he Board will give la hearing on this resolution at its office in theC'it,y Hall on the 19th., day of March 1919 at 7:15 P.M. Adopted this 8th., day of February 1919. BOARD..OF PUBLIC WORKS G. A. ELLIOTT H. F. ROSTISER JOHN F. DEHAVEN. ATTESTED: - Veronica C. Sweeney, Clerk of the Board. 4 The following guarantee Bond was approved by the Board. KNOW ALL MEN BY THESE PRESENTS, That the White Construc- tion Company, ., �.s-.Prin ipal, and the Aetna .Casualty & Surety Company, as Suret-y, are ,.hereby held and bound to the City of South Bend,: Indiana, ih the sum of Three Thousand %Three' Hundred.and Eight ($3,308.00)Dollars, for the payment of which well and truly to be made, they ,jointly and severally bind themselves, their heirs, executors, admire- .istrators end ass--ignq by these presents, The.. c and it ions. of the above obl igat ions are such,' that WHEREAS, the &bow bound -The White. Construct ion Company -has aampleted- the work under the contract for the paving of Portage Avenue front First alley north, of Kinyon Street to North City Limits, in the t ity of South Bend, Indiana, with Sheet Asphalt, under Improvement Resolution No. 579. adopted by the -Department of Public Works of the City of South Bend, Indiana, can the 2md. day of. ;July 1918: -- NOW, 4f the above The. White Construction Company, shall for a period of five (5) yaars from date maintain, such pavement,, and during such time shall make all -repairs which may be .necessary from any rotting, crumbling or dis intragat ion of .the materials, or which are caused by any imperfection in workmanship, and shall strictly observe and abide by Sections-41 and 45 inclusive, of the General Sppei- fica;tions (Form C. ) for street improvements, hereto attached, adopted by the -Depart- ment of Public Works of the City of South Bend , and shall fulfill all the condi- tions and stipulations therein contained, these obligations shall be void, otherwise to remain in full force and effect. W-itness our hands and seals this 23rd. day of Deeember 1918. { TNr vHITE CONSTRUCTION COMPANY `H. B . DETWE ILER Secy. THE AETNA CASUALTY & SURETY COMPANY BY ►9ILLIAM E. GELTZ Autcrney--in -fact. ATTEST: FRANK H. DUNNAH00 Attorney -in-fact, - Petitions filed for pavement on South Main Street, alsogpavvement on Dayton Street was nrescnt^d to the Board and referred to the City Engineer for resolutions. , The following estimates were presented by the City Engineer, read and placed on file. February 8th. ,1919. To the Hon. Board of Public Works, of the City of South Bend, Indiana. Gentlemen: - I herewith estimate the cost of the pavement Improvement on Allen Street from Van Buren Street to Portage Avenue at .............$ 17,160.00 Respectfully sub witted, FREDERICK J. ANDERSON, City Engineer. 445 February 8,1919. To- the Hon. Board of Public Works, of the City of South Bend, Indiana., Gentlemen:- I herewith. estimate the ' ' oat of the pavement Improvement on Wenger Street and Carroll Street frgm High Street to Paris Street at ..,.......$ 14,225.00 PRespectfully submitted, Frederick J. Anderson, City Engineer. To the Hon. Board of Public Works, of the City of South B'nd, Ind iank. Gentlemen: -- I herewith submit the cost Portage Avenue to Blaine Avenue at February 8,1919. of California Avenue pavement Improvement from .............................$ 90950.00 Respectfully submitted, Frederick J. Anderson, City Engineer. February 8th.,1919. To the Hon. Board of Pub 1 is Works of the City of South Bend, Indiana. Gentlemen: -- I herewith estimate the cost of the pavement Improvement on Bartlett Street from Michigan Street to Lafayette Boulevard at ....................$ 5,500.00 Respectfully submitted, Frederick J. Anderson, City Engineer, February 8,1919. To the Hon. Board of Public Forks, of the City of South Bend, Indians. Gentlemen:- 4 I herewith- estimate the cost of the M_immi Street Pavement Improvement from the north line of Ewing Avenue to the south City Limits at .......... $ 189125. 00 Respectfully submitted, Frederick J. Anderson, City Engineer. February 8,1919, TO the Hon. Board of Public Works, of the City of South Bend, Indiana. Gentlemen: - I herewith estimate the cast of the Fellows Street Pavement Improvement from Division Street to Monroe Street and from Sample Street to Dubail Avenue at $ 240550.00 Respectfully submitted, Frederick J. Anderson, City Engineer. February- 8th,. ,1919. To the Hon. Board of Public Works, of the City of South Bend, Indiana. Gent lemen: -- I herewIth estimate the cost of the South Bend Avenue Pavement Improvement from Eddy Street to the east City Limits at .............. ............$ 7,500.00 Respectfully submitted, -- -_-_- _ _- - - Frederick J. Anderson, City Engineer. 4463 Gaturd-av�eh-n ar—v Rt h,_ _ 1 Gl Q_ (Innt. lrii i•ti_ Attorney appeared before the Beard and presented bill For the payment for special engineers in the City's case against the Xndlkna & Michigan Electric Company in case of rates before the Utility Commissioner s at ndlanapol$ this matter was referr,ad .to >the Finance Department for payment.