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HomeMy WebLinkAbout06/17/1919 Board of Public Works Minutes40 Board met in regular asas ian at 1Ci El0 A.�t. fir,, John P'. De Havext ab s en.t , Bids were received, opened altd read for pavement; ind other I-aPrev*m+nta to followa: - Avenue, Water con,*-jecalert on Studaba,ker Street from Washington. Avenue to La, Porte Aid of Thos. Williams. Long side, each** ..... .. 20.00 Short a id4, each ................. 20.25 Bid of W. W. Sibley. homg side, each ........................... 21.05 Short a�:, each. • • • • • . . • • . • r . . . ... • . .. • .. 18.05 Bid of Wm. H. Burk*. Short side► ea.e.h.,..,..................... 16.00 Long side, each ................... .....,. 20.12 Bid Of JesePh Luther. TAng side each.... 1.9.50 Short side, each ......,.................. 16.45 dater el ect iexia on Main Street botwsea Broadway and Indiana Ave; Bid of Thee. Williams. Lea aide, each ...........................� 27.75 Short side, each....,..,... ............... 20.25 Bid of W. W. Siblay, tong side, each.. ........................ 26.80 Short side, each ......................... 17.90 Bid of Wm. H. Burke. Long aide, each........ ................... 27.89 Short aide, each ...............•.......... 16.75 Bid of Joseph A. _Luther. Long sidsf Cach.•••••.•••••••• •... 20. 5 Short aide, each ................. 17 99 sower connections, each ................... 35.00 High street. Water cenn.ect ioxja on Calvert Street from Michigan Street to Bid of Thee. Williams. Short a ido, each. 00 Long side, each.,............... ............. 22.50 Bid of Wm. H. Burk•. Sher; aide, each,..................,.,...... 16.o0 Long aide, each ............................. 20.12 Bid of Joe. Luther. LaTlg side, each......••.........•...•. ..... 20 20 Short aide, each...# .............. •......... 15.30 --- - — aewer- c oxnect ions, each . . . . . . . . . ..... . . . . . . . /5. on Water co3mectleRs OR Olive Street from Lincoln i.&y to Sample St. Bid of Thee. Williams. North of Washington Ave one, Long aid*, each.. .......,...............«. 19.00 Short aide, each....,.,......, .............. 17.00 South of Div iss ien Street, Long aide, each .............•.......•.•...... 22.00 Sktart >;s�d, each 18,. 0t3 "741 Bid of Wit. H. Burke„ Short side,, each.. ....:....................... 16.00 ho,g aidot each ...............:..............:. 20.12 Bid of Jos. Luther. ...... ................ Short x �_;. s id s +each...... , :... . .................... �'I�S^ . 75 Short .a Ides a oa,GU* I ♦ I ♦ I • ? I • . • • • ... . . . • . • . . . . • . ♦ . . 15. 00 Sewer genncctieas, each ....................... .13.75 Bid of Harvey Hagar. . Sewer connections on Olive St,per. 11x.ft;.,...$ 1.35 PIKE SEWER ONKOSCii6iiO ,STREET,• ,GRANT STREET, JAC�SON STREET, BROOKFIELD STREET WARREN STREET?.ND �CARLISLE STREET B id of Go ergo Harrop. 0 . ° 12 ,1Aeh .p. gyp* sewer,_ per 1 in f t ........ ........ , ... �2. 05 • 8 inch,plpo 94wori par 1im Ft•.... ....._ .........,.. .60 . 6 inch pipe sewer, per lix ft......f......:............ .80 ............................ 6.00 M here, curbs and; cw,ars.$ each.. . . ............... • .. 017.50 Stern watsr inl�ta, each...... .............0......10.00 ........................... B id of Brunie ` To petge ........................ l2 `ii c°ri pipe 'a'ew r,° pe'r Tin `ft ..............:...`..... , 1.90 8 inch pipe sower, per 1 ia ft...... «. . ................. .70 6fl�Inch pipesower, p r lib ft....«...............,.►.. .85 ' Manholee ,.per .it.•...•.• .:........ ............♦...•.. 7-00 Manholes, curbs and covers, each...:. «....... , ...... � . i8. 00 Storm grater inlets, each ................. „...... ..10.00 •: . ° . ° : . , . . . .. . . . ° . . . . ... . . . Bid of L. H. Webster. ........ ...................... l2• iach° p3po• 8ewor°, ° per* I th* ft: : : . .:................ logo 10 inch pipe sewer, per lie ft....:.................. 1.80 • 8• ditch• pipe• erowor; per lin ft .. , . «................ .90 6 inch pine sower, per li.a ft.........:♦.............. .90 Manhsl*s.ppr.ft.......... ...... ..............:....... 6.00 Maxholes,-curbs and coves , each .......................18.00 Stor!ae ays.ter. i#lets,-sach ................ .............. Flush tank, each ................. ......................150.00 Bid of. Brune De .pq%pe, ...... . ° indLh *sEs :e °d 6AA'ddt ions on Olive Street at per l in ft.. $1.25 ..... • FAVRMENT • ON °ALLEY •EAST • OF °ST. LOUIS STREET FROM LASALLE AVEME TO LST. ALLEY NORTH; ............... . Bid of Harry N. Barnes. Grad ing oper �u� yd ...... :.. : .... I ....................... �1.25 Concrete pavement per sq. yd............................. 2.00 .Gi if ied 'check f or $100. 00 kidibhiT *OIi 'SAWLE STREET FRO)$ WALNUT -STREET TO OLIVE. STREET. Bid of The Wliite CiristiructEfir Crempany. Walk per sq. ft....t.................................... .15 per Yfl ft .'.:...................:..... ......... . 40 . G'radWg pW c'ti.' did.°.. ...... .. ....... ..:............. .85 KWr)1 a:Tt 'r'sad'etay peWfrig T'Trfnideal Lake Asphalt,, per ............ ....s°q. yd .«....................... 2.70 . Ae-pbolt• rradwa7 pevemerrt ns•img Uexic n' Asphalt . p-er sq. yd............ , ..........2.57 Veedersburg Brick pavement per sq. yd.....«.,..,........ 3.15 Asphaltic concrete pavement, using Trinidad per sq. yd.. 2.33 Asphaltic concrete pavement using Uex icon Standard 2021 per sq. yd. , ... , .. , . . Bid of The White Construction Company on Sample Street pavement, continued. cement stretcher,.per lin ft..•. ,.........,. .30 e inch° conduit° pipe; ° per- l in° fi:.:.............. .80 ............•....•:.10.00 Resetting Inlets, each... .... ... ,2.50 ,ReagEiz}g,manha3es, ,e�•t��, etI4�.G4Y8xs, each....., 2.50 . . ° ..Certified check for o546w00 Bid of The Western Construction Company. Walk, per sq. ft., ................... P4*.w*Q6*#*s$ .15 t curbing per lin ft... e..... ...'. • ...:.. , ......... , .32 Grading per cu. go Asphalt pavement Trinidad Lake Asphalt p -3r sq. yd. $2.70 For brick In car track, per sq. yd.....,.....:•. 3,35 . .....aem.ant -.stretcher -in -car track, PQr ilia ft.. .. .25 ...Asphaltio-o0norete •pavement, Mexican per sq. yd. 2.27 ....,Ashaltlo •osnorete •pavement Trinidad per sq. yd.. 2.37 .....a •1n0h-oonduit -Pipe*- -per •Iin •ftr.•.•.•:....... • ..... .80 Storm -water -Inlets, `each.... ..................... 9.00 ... *erg tual curb 'per •i trr 'f' .'.'.': ...:................. . 20 Resetting inlets, each ........................... 2.00 Resetting manholes, each........................ • 2. 00 tert if ied check $546.00 • PAV9V99T 10Y 'A11W 'S'i'&" �toU PORTAGE AVENUE TO VAN BUREN STREPT, i' •,. • • . . . • . • . . . • • • . . • . . . • . . . • . . . . • . - Bid of The Whitw C•enutruct°iyn• Cempviy. .... W`a`lY ge°r 'sq. ° ft........... .......... $ . l5 Curb per lin ft.•••.•♦••.•.♦.••...............r.. .40 Grading per cu. yd................................ .95 ....... . Asuhalt� pavemenn v us ing Trinidad Lake 2,7 .... Asphalt° pavemeptt, . us.ing Mex is an Standard " .... ass.1halt,. per sq.. yd................. 2.57 .... 4�apbaltia. can¢. roe pavement, using Trinidad ................. ° Lake• Asphalt] er sq. yd.......... • ... 2.36 • . • • . • Asphalt*ie° c ®ncrete• pavement• using• Standard Mexican pavement, per sq, yd......�..•... 2.22 8 inch c4nduit pipe, per lin ft....... •....... •.. .80 . .. Storm water inlets, each ... . ......................10, 00 Marginal curb, per 1 in i't ...... • ........... • ... . 20 Resetting inlets, eaah.. :......................... 2.50 Resetting manhole cove,re, each..............•... 2,50 Certif led check for $510.00 Bid of the Western Construction Company. . ..... ,curbing -per •Iin -ft.-. .. .. �2 ....°.Grading°per'cu:*yd ::::...:....................:... .90 Asphalt pavement using Trinidad Lake Asphalt per sq, yd•.....•......•..•••.. 2.63 • Aspaltle concrete pavement using Mexican asphalt, per sq. yd..............♦. 2.23 Asphaltic concrete pavement,* using Trinidad Lake ................ ° .. asphai t s..p er 's q.' yd .'....°. • ......... 2. 34:1 p cr °Yf1i t'`t ..... , • .80 00 .....Marginal curb,-r. Iin f•V- ♦••.•••••••s• ♦20 Resetting mitts, each ....... •♦•••.♦♦. 2.00 ....... Resettiuo. manholes, each... ♦ . ..; • ........ • • .. .. 2.00 ... ° ............ Cert if led cheq-k for $ 510. Q0 4: )p BID OR THE Williston Construction. Company on Allen Street., c ux° S ing per l in J. t . . . . ... • . . . • . • • • • l r . t . • r .' • ! • a . • . • . � . � � - Grading per cu. yd......•...:...... ...... •« .. .60 Asphalt ,pavement using Standard Mexican Asphalt .r. s q°.° Ord°.'. , , ,', .....:.... , 2.52 As.ph-It.ic. c-oncrete° pave t•,• using Standard Mex ican ..... . ° r. a � sq.*. 2 yd ................. e .. .1,E 8 inch c and u it pipe, per l in f t ...................... .80 Storm water. eadl..... 0 • A, ...................10.00 Ma.rg ina l curb, per lit f t ... ........... , « ...... .35 ResettAng..i�n.Irts.,o each......... • .. , ... , .... » .. • . 2.50 Reget;t..Ahola;, curbs and covers, each........... 2.50 Cert if ied check for, $5i0.00 . PAVABli k 0V CALIFORNIA AVENUE FROM Portage Avenue to Vlaine Avenue. Bid of the White ConstrU ion° Company. Wally° �JGI``.iq:•ft`.ii:iiilw••. ••••...... •,..•..•.r..•. .15 Curbdng°per- .40 Grad°ink° per- cu:°yd::.:::.........0......•....,...6...i .65 Asphalt. pavement. using. TrInid.ad Lake Asphalt, per SCj.d.............. ............. 2.70 As pha It a pavement using Standard Mexican ashalt, per sq. yd....................... 2-.57 Asphaltic concrete pavement; using 'Trinidad Lake asphalt, per sq. yd.................. 2.33 Aipalt is ° c anerete ° p4#i en.t; " us ing' Standard Max ican asphalt,per sq. yd....... .....« 2.23 8. ine-h- a endu.°it; -pipe ; per l in Y ft « .......... ... .80 Storm.water inlets, each ... ...:«:..«..............•..1Q.00 arg Ine. 1.gvr'O,.per.11u°ft............................ .20 Resetting inlets, each..,.... «..............,........ 2.50 Resetting manholes, curbs and covers, each........... 2.50 .. Cert if ied cheek for $ 300.00 Bid of the Western ConstruGtioa Company. curbing.per°lint°ft....:..•.:......................... .32 Grading. per. cu. .yd. ................................. .90 4s Phq 1t .. pavement, . w fts . Tr in idad Lake Asphalt ..........per.sq. Yd....................... 2.68 1�spha]tic ,clnerat�q ,page►cnt using Trinidad Lake asphalt per sq. yd ................ 2.34 Asphaltic concrete pavement using Standard Mexican.. .,. asphalt Der,sq. yd...2.23 8 inch so conduit PPea .per Iin,ft... ;.................. .. StorWw,aier inleta, each.......•. ..... 9.00 ��'6?�4l°G�fi�?f °p��.lip,ft............................ .20 .....:. ; ...... i 2. 00 •Reset ing ,}ar}hale a overt , each ............... ........ 2.00 Certified check for. $300. 00 Bid of the Williston Construct ion Company. 'curbing per°lin�ft.......................•......«..... .35 'Grid 1A ...... c ....d .. o o` . .. 80 'Asphalt pavement, using °Standard Mexican asphalt . ............... 2.52 2.52 Asphalt is `c iildii � *pavement, us ing Standard Mexican as hilt par sq: yd......... • ........ • ... 2.19 8 inch conduit pipe, per lip ft.,.......,.«........... .80 Storm seater inlets, each.......«...................... 10.00 Marginal curb, per lin ft...«...•.......•............ 0 .35 Resetting inlets, each....;..««....,...•...:.......... 2.50 Resetting manhole covers, each.. « «. «........... 2.50 C ert if ied check $300. 00 ° 744 STREET. PA'VEYNT ON BARTLETT, STREET FROM-:MICHI=N STREET TO LADAYETTE Bid of The Wite Construction Company., walk per sq. Pt.................,,.,......... .15 • ... grad ing per cu. yd... ..;.. , , .:95 + .. curbing per lin , .•....... , , ........ , .... .40 Asphalt pavvement using ,Trinidad Lake . .......... ......... er sg.. gd.•.........»... 2.,70 As oho It° pavement us.in& Mexican Standard . e y� . . . . . . . . . . . .U.�.j,I.bGa lr . °paepiF . Z4.. Yd . • • • . • .. • • . •- ♦ • . • • - •- .2- 57 . CAmb.imd. curb .and gutter, per lin ft. ...... 6 980 Asphaltic cone -rate pavement using Trinidad lake Asphalt per sq.yd............ 2.37 Asphalticconcrete pavement using Standard Mexican Asphalt per sq. yd........ 2.22 No. 26 curb inlets, each ... . ............ • ...'• 20.00 . , . 8 inch pipe,. per tin. ft:::::::::..., ....... .80 u"torDl water inlet$, each. , .. • • ... , • • . » .. , . , • . 10.00 �d�r�inale curbr per lion ft. 20 Resetting inlets, each...,.» ................ 2.50 Rese tt° ne manhole; • each.. ; ... . ............. . 2.50 Certified check $183.00 Bid of the Westhi4f Cih,st�i1bt-iiii. 0`ompaizy. ... ......... .90 °aradiag°per'cu. yd...•.............. Asphalt pavement using Trinidad Lake . ................a halt, per sq. yd_....,........ 2.67 ....Fox°. combgnatlon, curb. and.gutter,. per 11 ft... .78 h......... , ...... » . • ...... • 20. 00 . ...For as • halt ie a eMerete ° pavement, us ing . ° .. Trinidad Lake Asphalt per sq. yd.,, 2.34 'For asphaltic concrete pavement using Standard Mexican: per sq. yd........ 2.23 .80 ....Storm.�atereinlets,.each.....»............... 9.00 Marginal curb per lin ft....... ............ .20 ....Resotting=inlets,°oach..•.•.•.••.....,..,..., 2.00 Resetting manholes, eaEh.................:... 2.00 Bid of the Williston Construction Company. ...,eurb�rig•per•linft :.......................p... $ .35 ...Gxeding•per•eu: yd.•..:.......•....:.:....... .80 • • • • •Asphalt •pavement •using •Standard Mexican ..... .. e a , asphal d •peer •sq. yd.. ; .. , ......... 2.52 °•No:°26Oegutter•inlets;aeaeh....................18,00 Comb #reed • Qurb •and •gutter, per lin ft........... .'75 Asphaltic concrete pave mentusingMexlcan per sq. yd......................... 2.19 8 inch conduit pipe, per lip ft................ .80-' 10 00 .. , ..Marginal °cur; °per tin •ft::...:...:............ .35 Resetting inlets, each ......................... 2.50 2.50 Cert ifted eheck $183.00 t 74'e5 Tuesday June 17th..1919. C ont inued . PAVEIENT ON WALNUT STREET FROM SAMPLE STREETTO `OSVISTON STREET. Bid of The White Construction Company, Walk per. sq. ft...,....•....: ....,. ...............15 curbing per linft... ♦,•0.••••••• ••..••,.•• s40 Grading per cu. Yd............. ................•.♦... 495 Asphalt pavement using Trinidad Lake Asphalt per sq. yd .....................••...2f.70 As plea It pavement using. Standard Mexican ps phg It As pha It ie concrete pavement using Trinidad Lake as pha It per sq4 yd.............' ...... • 2.34 As pha It is concrete pavement using Standard Mexican as p.ha It , per sq. Yd .. , ... , , ... # , q .. 2.22 8 inch conduit pipe, per lin ft.. .................. .80 Storm *water -inlets, each.... ....... • .. , ... r...10.00 Marg ina 1 curb, per lin ft . .. ... .. • ....... . ..... .20 Resetting inlets, each•...•..•...•...:..................2.50. Resetting manholes, each. , (Gavots )..................... 2.50 Cert if led c he c k for $ 682. 00 Bid of the Western Construction Company: curb igg ` per 1 in ft ... , ....... ....... , . . , .; ......... .32 Grading per c u! y.d. ..... • ............... : ...... , .. . 90 Asphalt pavement using Tr in idad Lake ssphalt per sqr yd.............. ........., 2.70 ` As ph€z It is concrete pavement using Tr in idad . Lake &shalt per sq. yd...• .. , • • • ....'...... ; • < ;2.34 Asphaltic concrete pavement using Standard Mexican ) asphalt,,par sq. yd...,....., 2.25 8 inch conduit, pipe, per lin ft.. , .. , .. • ........... • ... :80 Storm crater inlets, each ........................ ..,... 9.00 Marg ina curb per lin ft ............ .....' ... . 2O Resetting role-ts each..._......... • ...... , • .......:.... 2.00 Resetting inlets, each..........,........ ......�. 2.00 Certifled check $682.00 All ®f the above bids were referred -to the City Engineer f or tabulation t® be reported on at 7:15 P.M. Wednesday June 18th.,1919.. The Board issued to the. following order. The Beard hereby orders 4that the City of South Bend place the s idewalk on South M.icb1gan. Street? as directed by. the. City Engineer to vro1jer grade, the cost of this to be paid by the. City. Harry N. Barnes contractor on grade, curb and walk improvement on Michigan Street, to be ordered to put same in. The Board instructed the Cleric to send the following notice to L.R. Webster. ° We are informed that you do not carry workmens compensation Insurance c over ing public work done by you. The Board fe6I that this insuracce should be cerr led espec sally on work done for "the C sty of South Bend. Wiilyou prase f Sled with the Beard the number of your policy aitd tha name of your company and the date effective. • It is hereby ordered by the Board of Public Works that the, Street Commissioner is authorized to increase the wages of Street Department teams and all labors, from present scale of fr-om. 6*e and one half cents to _five cents per hour : in the d#scret ion of the Street Commissioner. 74 6 ._a Communication received from Stuart McNibbin, County Attorney requesting per mission to remodel the basement •of the old court heuse into a private garage for Daumty machines, same read and placed on file, and the Board ordered the *Building 'CiIIitfias ift6r °ta °Iesii6 *4 'pifTift t-o Bert Megan Contractor for the remedelircg 'Of 'thd °tdt. °fl$if 4r °15sd6merit 'if the old court into. a garage to be used by C'outit° 'Per 'tlie it cars. . . ... . Appl.icat i*n rec�e-lved from G. W. Arehart Aaquest-ing position as Building insp ec t or. °in. the, C, ty, J3ufjd.1ng Department, Same read and placed onf it e . 'e . Prt from the Building Departme Mt f filed. The ............. win�r�*. plat approved. (Leeper's second Addition. ........ .....P ........ .... Qp IIAAS, off', strle.0R. and. Alley in Lepperes proposed 2nd. addition The streets, fmd. Alloys. as. shown. on. the. above plat are hereby dedicated to the publicuse. ....... ........ ....I..... State of Ina liiia' .. P P ...,. . , ...... SAM LEPER,, St. Joseph County SS Before me the undersigAed, &'Notary Public in and for :said County and State came - Sam• keeper and. acknowledged' the ° ded lei ation of the streets and alleys shown on°the•above°plat:...."........ ... .....P H. J. LEDERER, Notary Public My Commission expires 6/10/22 (SEAL).- .........I T�e Following petition was received by the Board read and placed on rile; _ PP TO THE BOARD �OF UR14C .WQRF $....: . ......... ....CC .the .City .off ,South .Band,. •IrI iana: • . • • • • The .undars fgr�ac}; The �kti�c°srgo, South Bend Northern Indiana Railway Company, hereby got if ies you that it wishes that portion of West Sample Street between .Walnut Street and Kosc iuszko Street which is to bel occupied by the trseks `iF this Company and which portion this Company is bound by contract with the City to improve, V* be ihcluded in the pav inj end improvement and the cost thereof in the general contract act, by your Board for the improvement of said West Sample Street from Walnut Street t*_ Olive Street as described In said improvement Resolu. t ion. No. 671. We also ask that Metropol: it" *r equally good pav ing br ick be, used; that bblek be laid in cement mortair cushion.-' 'Other deta-ils as" to the construction of that portion occupied arid -paid• for by the Railway Company to be determined by the Board of Public Work , the City Hngineer, and the Railway Company, previous to the adoption of final plans and specifications for Raid irprovement . Respectfully submitted, CHICAGO; SOUTH BEND & NORTHSRN WUNA RAILWAY COMPANY. BY R. R. SMITH, Dated at South Bend, General Manager. Indiana. June 12,1919. 1 747 Petition filed for sidewalk and curb on' Elmer Street, from Lincoln Way West to Frederickson Street. The following res ignat ion was accepted by the Board. South Bend, Ind. June 891919. To the Honorable Board of Public Worhs, South Bend, Indiana. Gentlemen:- t hera.by tender you my resignation to take effect June l5th.,1919 as other dut ies. w it I take my entire time. I will -be unable to attend to the care of lights* Thanking you for past favors, I remains Very respectfully, . WESLEY A. STMES. The following application received and appointment made to become effective June l5th.,1919 at same salary, - South Bend Ind. June 15,1919. To the Hon. Board of PublIc Works ' of the City of South E end, Indiana. ° Gentlemen:- 1 hereby respectfully make application to your Honorable Body for appointment of Caretaker of River Park lights , I am a resident of River Park and will be willing is furnish any recommendation or reference :required. Very respectfully, G ILMORE N IFONG, Concerning the improvement of the road*ay of Lindsey Street from Portage Avenue to Blaine Avenue with asphalt,. asphaltic concrete bitulithie, concrete or brick, pursuant to resolution No. 660 the Board finds that no petition has been filed wit said Board by a majority in number of the freeholders residing on said street to be improved requesting that it beimproved with a diffarent kind of pavement than the kind heretofore adopted by the Be rd in its preliminary order; and the City Engineer reports gist the Waste n Construction Company is the lowest and best bidder for the kind of pavement beretef ore adopted by the Board, and the Board Lind that said The Western Construction Company is the lowest and best bidder andd hereby lets the contract for said Improvement to him, and orders that said improvement be made with. Trinidad Sheet Luke Asphalt, and all proceedings heretofore had in this matter are hereby confirmed and ratified. G. A. ELLIOTT HARVEY F. ROSTISER BOARD OF PUBLIC WORKS OF THE CITY _o? SOUTH BEND* INDIANA. Attested: - Veronica C., Sweeney, Clerk of the Board. Dated this 17th. , 4a7 of June. 1919, �J 7 S Concerning the improvement of the roadway of Alley east of.Michigan Street from Division Street to Bronson Street, With asphalt, asphaltic ,eoncretem bitulithic, concrete or brick, pursuance to resolution no. 648 the Board finds.; that no petition has. been filed with said Board by a majority in number of the freeholders residing or said 'street to be improved requesting that it be+ improved with a. different kind of pavement than the kind heretofore adopted by the Board in its preliminary ; order; and the City Engineer reports that Hoban & Roach is the lowest end best, -bidder fol the kind of pavement heretofore. e.donted. by the Board and the Board find that said Hoban & Roach is -the' lowest and best bidder and hereby lets the contract for said improvbment te. him, and orders that said improvement be made with 71nches Portland cement concrete. and all proceedings heretofore had in this matter r.re hereby con- f lamed and rat if ied. Attested: - Clerk of the Board. Dated this 17th., day of June 1919, G. A. ELLIOTT HARVEY . F. ROBSTISER Board of public Works of the City of South Bend, 111dia.na. Concerning the improvement of the roadway of Lincoln Play West from Olive Street to City Limits, with asphalt, asphaltic concrete, bitulithic, concrete or brick, pursuance to. resolution We. 659 the Bsa.rd finds that no petition hl%s been filed with said Board ry, a Majority in number of the freeholders res id ing on said street to be improved recuesting that it be improved with a different Lind of pavement than the kind heretofore adapted by the board in its preliminary order; and the City Fngineer reports that the White 'Construction Company is the lowest and best bidder for the kind of pavement hereto*ere -adopted by the Board, and the Board find that -the said The Nhite Construction Cer-pany is the lowest and best bidder_ and hereby lets the contract for said improvement to him; and orders that said improvement be made with Trinidad Lake Sheht Asphalt and all proceedings heretofore h�.d in this matter are hereby confirmed and ratified. G. A. ELLIOTT HARVEY F. R OS T ISER Board of Public Works of the City of South Bend, Ind Tana. Attested: - Veronica C. Sweeney, Clerk of the Board. Dated this 17th., day of Jane 1919. Concerning theimprovement of the roadway of Birdsall Street from Washington Avenue to La PorteAvenue with asphalt, asphaltic concrete, bitulithic° concrete or brick, pursuance to resolution No. 609 the Board finds that its petition has been filed with said Board by a majority in number of the freeholders resIdibg_ on said street to be improved request inE that it be improved with a different knd of pavemment than the kind heretofore adopted by the Board in its preliminary order; end the City Eng in-er reports that the Western Construction Company . is the lowest add best bidder for the kind of pavement heretofore adopted by the Board and the Board rind that said The Whatern Construction Company is the lowest and best bidder and hereby lets the contract for Reid improvement to him, rnd orders that said Improvement be made with Asphaltic concrete using Trinidad Lake Asphalt and all proceedings heretofore had in this matter are hereby confirmed and ratified. G. A. ELLIOTT HARVEY F. R88TISER Board of Public Works of the Attested:- City of South Bend, Indiana. Veronica C; Sweeney, Clerk of the Board Dated this 17th., dray of June 1919. 749 .Concerning the improvement of the roadway of Olive Street from Lincoln Way west to Washington Avenue end from Division Street to Sample Street with as halt- es phalt is ' concrete bitul it2 ie, concrete or brick, pursuance to resolution No. 613 the, Board finds that no petition has been filed with said Board by a majority in number of the froehe,lders residing en said street to be improved requesting that it be Improved with a different Lind of pavement than the kind heretofore adopted by the board in itd preliminary order; and the City Engineer reports that The: White Construction Company is the lowest nnd..b4st bidder for the kind of pavement heretofore adopted by the Board .and',the; Board find that said The White Construction Company is the lowest and best bidder and hereby lets the contract for said improvement to ?aim, and orders that said improvement be made with asphaltic cencrote° using Trinidad Lake Asphalt and all proceed- ings heret of ore had In this matterare hereby c ♦n.f irmed . and rat if ted. G. A. ° ELLIOTT HARVEY F. ROSTISER Board of Public Works of the City of South. Bend, Indiana. Attested: - Veronica C. Sweeney, Clerk of the Board. Dated this 17th , day of June 1.919. The attached plat represents S. L. Mnrblets Sub -Division of Lot 19' Sor in's Second Add it ion, eXce•pt 111.19 feet off the east end of said lot., Dine and one -hall' (9j) feet is added to Turnock Street making se, id:.street .thirty. four. (34) feet wide and is hereby dedicated to the public for public use. Witness my hand and peal this 22nd . day of May 1919. SADIE L. MARBLE AT O P � ��y SS ET Before 'mdvthe undersigned a Notary Public in and for said County personally came Sadie L. Marbleand acknowledged the execution of 'the attached: plat. Witness my hand and Notarial Seel this 22nd. day of May 1919. VERONICA C. SVeEENEY, Notary Public. Icy Commission expires July 20,1922. (SEAL) Petition filed for pipe sewer on Pokgaou Street from Tecumseh Avenue, Resolution ordered prepared on same. The following communication received read and placed on file. .:UNITED STATES RAILROAD ADMINISTRATIO ° DIRECTOR GENERAL OF RAILROADS. • WASHINGTON. DIVISION OF June 5,1919. CAPITAL EXPENDITURESa In reply reefer to file No. 5. C. Powell, Director 116-2-8-3 Assistants: E. E. Adams, Engineer. F. W. 'Serc ombe, tic c ountant. v New York Centrhl Railroad- El iminat ion of -Grade - Gerss ings; -S oubt -Bend; Ind. Mr. Gltbert A. glliott, o Pres ident,.. D&q&rtmcnt of Public Works. South Bend, Indiana. v C< Dear Sir • • Your letter of January 25th., to the Director General of Railroads, regard - Jug the el iminat ion of grade crossings at South Bend, Indiana,, on tho Now York Central Railroad, has been referred to me, aro I apologize for the delay in answering your letter, which was due to the necessity of formulating a policy covering such -matters, 750 a M I am attaching herewith press notice of June -3rd. by the Director General, outlining the attiOude of the -United States Railroad Administration= in ,such matters, vihic-h I think,. 'covers =the natter which you have in mind fully, Yours very truly, T. C. POWELIO FOR RELEASE IN;QED. MORNING PAPERS.) UNITED STATES RAILROAD ADMINISTRATION WASHINGTON. - June 3,1919. PP.ESS NOTICE: Walker D.. Hues, Director General of Railroads has sent the following letter to the Regional Directors respecting relations with public bodies as to public porjects resulting in charges to Capital Account, or in charges to operating expenses in. connection- Frith Capital Expenditures, or with respect to taxes and - assessments. - *The Railroad Administration is disposed in favor of the resumption of or development of public works and improvements. In cases where the Only objection thereto is to the present comparative cost of labor and material, no protest will be made on behalf of the Railroad Administration Eeven where the burden upon the Railroad Administration in a p¢rticular district would be relatively a, large part of the total cost, the more difference between.the cost of work being done now and being done somewhat later Is net sufficient to jut i€y an attitude of opposition by the rdl.lredd Administration to a policy of resumption or prosecution of public works, ° "The Railroad Administration should not indentil'y itself with oppos itin to proposals looking to such developments or resumption of public works unless the case os exceptional, and it is clear that the expenditure will be important, or that the project is actually in a private interest and involves the public inter- est only to a slight degree and the private interest invllved will not assume the expense of the work. Nothing herein shall be construed to relate to facilities covered by General Order No. 1$. " Representatives of the Railroad. Administration should at all times make it clear to the public authori� ies that responsiblity for Capital Expenditures restsupon the railroad Corporations and not upon the Railroad Administration, and unlesa specifically authorized by the Division. of Law, shall speak Only for the Railroad Administration in proceedings before Public Service or State failroad Commissions, or Officials of Cities, Counties or municlipilties. The Railroad Administration may use its moral,, suas ion to get the Railroad Corporations to consent to go ahead with public improvements and to finane improvements. 'However# no Federal Administration officer should take any action or make arty eomaittai, the effect of which woa��e to deprive a corporation ;of an apportunity to present its objection t8 the fxpengi e " In view of the fact that the amount of money available for capitasl orpW turea is always limited, if ;a project will not be benefictahy to the public U proportion to the expense, or can between be postponed pending the completloh ' of more important Capital Expenditures, the Railroad Corporation, which will have ' to supply the capital, should present the conditions to the proper authorities. ° 330ND -ISSUES OR SPECIAL ASSESSMENTS. "Railroad Admix istrat ion officals will not take any action for or aga.Inst W proceedings, the prpose of which is to authorize a bond issue or special assessment, but will as fully as practicable keep the Corporate officer of each Interested railroad advised so that if the Corporation desires to take any action, it may do so " In cases involving a special assessment ch4rgea►ble to Capital Account in which the Corporation does not make f inane ial aarrenoements to pay the assess nt , there is no -.obligation unon the Director General to furn h the mon y,, TN such cases the question is one between the public authorities and t o Railroad. C orporat ion. PROJECTS WHICH INVOLVE TION AGREES TO •. If such a project is agreed to between the corporation and the Public body and the f inane iaal ft-veaAgemOnts have been satisfactorily disposed of, the Railroad. Administration will. &$sum*$ as to operating Expenses, the amount properly char edaabla to it, but this. pulley should net prevent the Federal of'f.icer from presenting the object ons o .if any, which may develop to the project from a.n., operating standpoint, nor from des ignat°ing T.7herever puss ible, the most economical method of entry gout any such p»o jec' whenever tb.ere is more than one wary of pr ov id ing the proposed facility* or improving the existing fac ilt'iy, or from des i�;nat ink, d better method: Lof reaching the result if there is one avaail4ble. • " The General practices in. connection with negot iat ions w ith, or before such public authorities preceding the. issuance of an, order; either -formal or_ informal, should be along the following lines: (a) Immediately upon receiving notice that any question affecting Capital Expenditures is to be taken up, notice should be given as information, to the proper officer of the C orporat ion so that the Corrorat ion may. part is ipate lathe -co.n:> iderat ion or hearing nef ore the. public. authority., and where such projeG.ts .fnvbtve the consideration of .existing franchises or charters.. unusel . care in protecting the rights of the C orporat ion, to notice should be. exercised, The United States Railroad Administration representatives should assure thaw$elves that the public autorities hays aive:n the Corporation the notice required by law. " ( b) . The represeatdtd.#ee of the United S vatcs Railroad Administration will in such proceedings handle to the best advantage all matters involving maintenance, trans- portat-ion and other items included under operaationt and may be called as witnesses for the public, or 'the Corporation, as well as forthi Railroad Administration. * (c) It will be .entirely proper to respond to any requests from a Mun1eiPft14Ys County of State for information in regard to material and labor casts, and to volunteer such data so that all concerned may get the benefit of the information in the bands of the Railroad Administration officals. (d) Single complete items involving a charge to Capital Expenditures ©f $1,000 or less should be promptly reported. to the Corparat ion to give the Corporation the opportunity of handling the matter with the public authority, but in the discretion of the Federal Manager the work should not be delayed if, and when, in his opinions a prompt dispos it ion of the matter will `be the proper action under 611 c it cumst. Laces. COMPLIANCE WTT14 ORDERS ISSUED BY PUBLIC AUTHORITIES. w If and when a proceeding before the public authority has resulted in a definite order involving a charge to Capital Expeasey the matter should be promptly reported to the Division of Capital Expenditures, with the position of the Corporation officer clearly expressed, together with the rec a mend.aat ions of the Federal Manager and Regional Director." Sincerely yours, (Signed) WALKER D. HINES. The matter Of the Madison Street Trunk sewer deferred until Wednesday June 18th.,1019,'at`7.oI5 P.1a. The Board ordered--,sm 80 C. P,. Light -placed at -alley about ISO feetsouth of Division Street on the east side of Jackson Street. Petition filed for a water main on Calvert Street from Verno street to Ernsberger Street. $ame-read-sad-referred to_theWeter-Department. Petition for water mainon Bertrand Street from Meade Street to Anthony Street,, referred to the `'dater Department. The Board order a complate Minoegriph"mao'hine with stand to be used In the `off of thee(Boc)ard of Public Works from the A. B. 'Dick Company Of Chicago, Ill for a 'sum of *13S."00., Agent a 'read to give f12 00,yro i`of supplies 9 r PPIieS With same0 This is to be paid out of, the City Hal 1 fund. T The following resolutions were adopted. SIDEWALK WROVEMM RESOLUTION No. 690.- R6&olved, 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 Dubail Avenue.from'Kemble Avenue to Prairie Avenue as follows towit:- :Said Avenue' -shall -be graded ftom property line to Property line to the astablished'grades* 'curbing the roadway with cement curb and constructing cement s ldewalk,'on, both sides of said ftball Avenue, all as is more particularly shown and 6.11 in accordan7ce,with the plans, profiles,, detail drawings and -speci- flcations on file in the Office Of the Department of Public Works -of the City of South Bend, Indian inacc! . h the 'profile, details- --drawings ad speed- ordance wit flea ions: on file in the office of the Department of Public Works of said City, and such daprovement is now ordered. The cost of said improvement, including the cost of street and alley Intersections, shall be assessed upon the real estate abutting on said Dubail Avenue rill accord-ing to the method and manner provided for in -an Act of the General Assembly of the State of Indiana,, entitled 0 An Act Concerning -_ Mu nic I - pal Cgrporations . a proved March 6,1905, and - In accordance with and -purs:uant to the provisions:,.of all amendatory and supplemental sets thereto'*passed by the General Assembly of the State of Indianaq Assessments* it deferred, are to be- -paid"in ten equal annual installments, with interest at the rate of Six per cent per annum. A bond orbonds shall be Issued to the contractor in payment of such work, unless the property owners. pay said assessment 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 owners for said work., or for the collection of the same., or for the payment of any bond bonds,, certificate or certificates, issued- to said contractor in payment for such work, except for such moneys as s4all. have been actually received by the City from the assessments for such Improvement, or such moneys as said City Is by said above antitled AeVrequired to pay. All proceedings had, and work done in the making of said improvemento assessment of property* collection of a891688ments and-issuane of bonds therefor, shall be as provided for In said above entitled Act and -amen- dments thereto* FOtics Of this resolution shall be published on the 10th..0 day of June 1919. and on the 26thet day of June 1919 In the South Bend Daily .1 Tribune.Thia Bo:--rd will give a h aring Sn its office In the City Hall on the 16th., day of July 1919 at 7:15 P.M Adopted this 17th., day of June 1919. BORBD OF PUBLIC WORK a. G. A. ELLIOTT Attested:- HARVEY F. ROSTISER. Veronica C. Sweeneys Clerk of the Board, V-5 Tuesday June nth,_, 2_9_l Continue STREET OR ALLEY 11dPRO ANT RESOLMON N0. E91 BE IT RESOLVED BY THE BOARD OF PUBLIC WORKD OR THE CITY OF SOUTH BEND ST. JOSEPH COUNTY, STATE OF INDIANA, That it is desired and d.,Aemed necessary to improve Nmmmarre Street from Portage -Avenue to Leland Avenue as follows s to- wit: Said 'street shall be graded and the roadway thereof shall be paved; and also the roadway of certain portions of the streets and alleys which enter orintersect said street shall be graded and paved. The p v ng material to be used in making said improvement shill be Sheet, asphalt ,vitulithic asphaltic concrete or brick, and the foundation shall be Portland cement concrete five (5) inches thick for the sheet Asphalt, bitul thic, as haltic concrete add brick or rolled ' gravel: six (6) inches thick for the brick, also cement club shall b constructed along said street where.same is not already constructed; storm water inlets, and conduits shall be constructed where necessary, all manhole tops and storm water inlets shall -be set to the proper grade,, cement marginal curb shall be constructed at all street and alley intersections where necessary, all as is more parti- eula,rly 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, Indiana. The cost of the improvement herain provided for, ese�t stree`� auc alley iatere'ectiona, shall be paid by special. assessment to be levied upon the property specially benefitted, to the amount that the same nay be leg- ail� assessed �tf th-, State of Indiana, entitled �`r ui c Palin aCorporrat -Corporations approvedith an Act of ance weMarch T61. A�06,-�and bly eaa accordance with and pursuant ..A Act t- ' to the pr4oislons of all. acts amendatory and suppler^ tal thereto. •The cost of all street and alley intersections, including one-half of the width Of the lmprovbmt_t t aid roadway hstreet and end alleys which null into, but do not cross serein proposed -to be jja7 bveCG wild that siteportion of such etrest or alley abutting upon property belonging to" s id City, or npcn property act bubjact to such_ easesanxent, shall be paid by the City in cash out of its general and, if able to do so, or from a fund ere - Be .by a cLecial assessment to be levied under the provisions, of Section 108 of the above entitled Act Assessments of tea dollars and more against lot, if deferred, are to bo paid in ten equal annual in- stallme lts. r4lh interest at the rate of cis per cent per anYum. A bond or bonds will be issued to the con- tractor to the &mo:int of such deferred asers•^mea�c it Tiro rat& pe, lane' t for such impr�e:norot, Under no circumstances shall the city of South Bend be, Ot " b0d responsible for any etim or sums due frona said property owner or owners for said work, or for the epll4etfon or tkb same, or for the payj of any bond, bouds, certifleate. or certilleates, issued to said a rtr&.ctor in pl rl't !t i^.,P gu0'. work, a%Coot :=.or such .).oneys. as shall have actually been received by to' pay. Atl the Clty f1lom the assesiements for sacimriroven:ent, or SuA111 :,oneya as said City is by Quid entitled Act and amaend_"nt and sueFloireuts thereto riquited :-rocnedinsa had, and work done in the Making Of saiii 1,?proeam,ent; ss?e9ac.bnL of gpronerty, eolleetion of .ea. oessments and issuance of bends therofor, shaA be all braVWed fttr iri saga "Ovs eutitied Act, and Acts asnen(k- atory thereof and supplemental tberuto. .... ��. �oTlLl,�j' � 1 RES01,VVI), That the Board of Public Works lz 1the ...16-tth ............. day of It A 'M • fit I-, e hour of 7 5 M., at the offios of the Board of Public Wa c a, :f the City. a ihi time and Place for the rublif- co-stdprat bn of said )ropo$ed, ispr0Ve*�iect, at vthicb and Board of Public Works will bear all persons interes ed or whose property is liable to be assessed for said imsro,enion ,. and wall decide whether the bess8ts to the property "liable to be assessed for said improvement will equal the est4ma*ed coat thereof. BE r_T FURTHER TIER RFgOLVED, That notice of the time lid glace of such public consider ub liihad ar±d ailed in tke manner provid d by law. Notice of this. resolution shall be published on'the. : .:• '�ll t.%� c� d� • • �9.•. in the South Bend Dailyl- ,V Una easy of.. e�uY1e...... sad on the.. ay of.... 1 A4ovtod. this.... ..,...dsy of. f-,.a1�•�i. ...........,.,...... �Q. G. A. ELLIOTT BOARD OF PUBLIC WORKS. HARVEY F. ROSTISEi3 . Attested: Veronica G. Sweeney, - Clerk of the Board. 7154 TuBsd. 24e1`0110wing petition f Iledwith the Board and referred_ to the P®le and Wire Inspector for report. South Bend, Tadlana, June 4,11919. To the Hon..,of Publ a . W"� of the • City of Be , = -.th".Bend., Indiana. ,. Gentlemen: I am Informed that the Central Untom Telephone Cow, successors, to the Home 'rekephone Company, of `South Bead, Indiana, are con tomplat ing enact ing telephone poles along my property On South M13higan Straetm a -thatsaid Company Intends tolecste Bald poles about 9Ix 16) inches from the sidewalk; it seems to me that this i -not the -best and proper place for said poles, end 'if located -there will materially damage, -my shade trees and will be unsightly in appearance. I therefore respectfully petition your Hoz. Board to order said poles located out neat to the curb line, As it seems to me that that is the proper place for them and will be very much more slightly in appearance and will be of less damage io me and my property. ° Trustin ur Hos►. Bsard will carefully c s ider this matter, I am. Respectfully, H. S. COVER, by Lambert & Hammond, The follow Attya Iag resolutions were adopted, STREET OR ALLEY IItPROVEHENT RESOLUTION No. 6924, Be It Resolved by the Board of Public Works of the City of South BOW$ . St. Joseph ,cvunty, State -or - ndijena, that it is desired and doomed aecessar y to Laprove Michigan Street from Bwlgg Avenue to a point 40 feet north of the aerth vise of Fairview Street as follows, to -wit: - Said str"t shall be,greded -and the roadway thereof shall be paved, and also the roadway-:,�#f_�certsia pertisaa *fiat a streets sad alleys which utter !r iztereeat -Bald street shall be graded and paved.. The .;pav l�tg material to be -usod Au maklag sald-Improveneat shall be Shoat Asphalt, bitulithic Asphalt is coacrote, °bjtiAjt tie, :sv "Itle oozerete or brick, aad -the louad&t Ion ,sue be Portland cesmzt concrete six (4) #wehes thick Dar-thl-lsheet: asphalt. bitulithio, ssphn c-., ae: c r wiled arziel six (6) inches thieh for the br bk, _r,:.csmeat cuacb. hsl3 be _cstTtad said street where same i6t Already ccststruetsd; _rater water islets °and o(8jdwh-2 whall be ctmletructed rrhera necessary all, manhole vabb seed Atertawater • 1zlete shall �'U set to the proper grads; comsat laargisal curb shall �b-e a trusted at all street #Md alley intersect ion► .*her♦ necessary, all as s et+e1*1 partietlarly shows seed All is accordance with the plsss, prof Iles:�#r=; _ °: 1 spec i!' i cat ions on f ile in the .Off ice of the bepart- u4 t of Public 'Works wf =° 0�1,tj -if 8"th Bead v Ind'ish. l'f$�'- cart o`� ! uient ' I1Yo�iQe� tom e=aept �!r'as4 a�¢ alloy iate;seC'tippM, e��Ll Tfen�i+� A� ��#i9� �. .�j ^� t�roq,epecf,�l}r benefitteyQ, to�ther_rmvt{at'tl;.ett`'t essai�:ma�'1;.; 1�3, f'1t° a'�r,-�, � t�t�es3+�;- jig- ^ ae tit,>xat v� t� i#�?rs,�= �eicl�_ K tla atsfi� of Iirtdits�s; erti�a�d ' � t'�ie lfro�isiasr it liri �a�i6sior� � s�ys��� r��. Under no circumstances shah the etty of South Der_d bet, er be heM responsible, for any sum of guaia.dste frore said property owner .or owners for said work, or for the collection of the same, -or for the paymot of bond, bonds, certiller_te or certificates, roved to said cr-ctraator is pa�er.t 1,3r supL work, except- for chuff moneys as shall hive aetnelip been rscetred by the City from the assessments far such improvement, fir sue► moneys as said City !a b!► said entltled Act and a.mcmdment and supplement;i thetroto re4 uired to par. Ei11.. _o ^,edine,s had, and work done in the r�ktne of Gz+d i..r.�en+er_t, eascesarisnt of prOtseftr co�#wctioa of as- esRmenta anc} is.eearce of box�} s therefor, shall be as provided for Its said e;.bov* eatitied Ai#,- WIR Ae;s of go-• story thereof and euA'�lemontaf thereto. The cost of all street and alley thtersections, including one-half of the T-ridth of the '.mproyament opt. cite street and al`eys which sun Into, but do not cross s-.`d roadway herein proposed to be impfQYg4 and portlen of etch t__eet or alley abutting upon property bolo. Zing to s:1d City, Or upon Property Dit ! A such assessment, shall be geld by the City in cash out of _t.; general Pied, if able_ to do ;o, a L VA ated lay a. n-et.tai aew?s•mest to be brvted under the provisions of section log of the aDI I or £Pul AsoessMeats of ten dollars and more against each lot, if deferred, arq to,.b@ pain, ltt t+t,►gnual;t>._ stalllseT.w, vptl.k istereet at tlee rate of Vx per cent per annum. A bepd or bonds trill tragtor to the ampoult of slick deferred aeaesomentf in pro rafts Tta7igdnt -for suck impi,�a!+;�q t t_ .; A �7 Wn7r1s 1t�LV10D,. They bftrd ttiltille lz,.!>as ; : , • ., t , ; ;: ds7 0 y .► �!► /•mot ' a half of7 6 P. )I[ 3 at t1s ogee of thq .Board. of Publte 4Crica, o this itT as tko time and place or the public aosrsiderat#on of s4tx pr6#osed mproyeAient, at ww" 4$loarel of f7fits RVAIi S Rrili .Peer sjl. gersops inerestod, os wliecae };oyrt3 Y#ii6Ye to .1?e its�e�detY ;fp# said lmuroveutent, sit_ wait 4e-e4 wfieths'r 'the bexeflts to the 'property- liable fb be Aitseasecf for "Id lap& +binent Will equal .ke es ttmated Cott thereof. Elf M.PURTIJER I Stijl-,VE-0, That notice of the tide cad Ida.ce of such P"Qbll¢, torvideratfori d b- lta*ed and mailed is tke alattner prov law. Ndti Of thi8 resolution shall be. published on the., the.. r1day of . . 2uze... # xl . is ii�ei #i�i>rtik Bende 1 sii ' Tr ib=e Adopt tiffs e7,........dety 4f. ...,..,:•J�%- , Yi• �• 2uftaa J;l,4�eYnlad� COPT OF VACATION RESOLUTION No. 48. 1919• RESOLVED, by tke Board of Pub li. Works of tke. City of Seutk Banda Indiana; Tkat it is des lrab le to vacate tke f ollow lm: The alley lying between lots 5,6 624 8 1-& Huss on's Sub-D iv ls lox of a part of lets 19 and 20 is Desz 3toa & Fellows Add,it iox to tke City of S outk Bend, Ind Tana, as f olloft , to -wit: Beg tan lag at a po tat of tks s out k 1 ie of lot 6 of Buds oa' Bdi of a part of iota 19 and. 20 la DeallsLen and pe;lloas Add ition Est a polkt 16 feet east of tke soutkeast corner of said lot 6; tkence seat 59 feet; tkeaee s outk * 10 ' feet; tkezce . wee t 59 feet; tkeaee aertk 10 feet to tke place of beg htzisg They f of lowing property may be to jnr ious ly or benef is Tally effected by a uc h vacst Ten, - _ . All of lot 5 Hudson's Sub-D it is oh of lots 19 and 20 Dennist on & Fellows Add it ion. Henre itta M. Hess.` All of lot 6 "« �" ` Henrietta M. Hess All of lot 8 Its «w «« Frank N Abel M. Barnes. Not ice of this resolution shall be published on the 26th , day of June 1919 and on the 3rd . day of July 1919 in the South Bend Daily Tribune. This Board, at its Office* in the City Hall on the 30th..gday of July 1919 at 7:15 P.M. will hear and receive remonatrances from all persons interested in or affected 'bq these proceedings. Adopted this l7th., day of June 1919. BOARD OF PUBLrIC WORKS. G. A. ELLIOTT HARVEY F. ROSTISER , Attested: - Veronica C. ° Sweeny, Clerk of the Board. CONDEMNATION RESOLUTION N0. 54, 1919. Resolved by the Board of Public Works of the City of South Bend Indians:, That the following .described property be appropriated for the use of said City; Beginning thirty, (30) feet south of the northeast eornar of lot Two , (2) in Stever & Witmer's Addition to the Town of Myler now a part of the City of South Bend, Indiana. thence west to the northwest corner of Jot twelve (12) in said Stover and N itwor to Add it ion., thence south sixty (60) feet; thence . east to the most line of Michigan Street to a point Sixty (6j) feet south of beginning; thence north sixty (60) feet to the place of beginning. Rxcepting from the above that part of the north and south alley between Michigan Street and Main Street which is already a public thorsughfare4; Thei following described 'property =&.v.`be Injuriously or ben*ric icily effected by such-appsopr etlon - ' South of lot-2 Stever & Witmer's Add it ion. Marshall KIrkley. North of lot .3 OR as «w Margaret M. Hobe. All of lot 12 Hdwin C. & Rose G. Witmer. Korth 15 feet of jot ll Stover & Witmer's Add: Also ail the lots, land, and parcels of lots, _and parcels •f land lying within. the following descr abed ,lines, to-W t; - Beginning at the Intersection of the center line of Follows Street and Indiana. Avenues thence► meat on the center line of Indiana Avenue -to the center line of Kettle Avenue; thence south on the center line of Kemble Avenue- to the center line . of Ewing Avenue; thence eeat; on the center line of Ewing Avenue to the eenter line of Pe llowe Street; thenoa north along the center line of Fellows Street to the eentorL line_:f Indieua Avenue which powit` is the place of beginning. Tuesday June Contlnued� The purposis of such appropritt ion iS Opening and Extension of Calvert Street from Michigan Street td Main Street. Notice of: this resolution shall be published on the 26th. s day of June 1919 and on the 3rd. day of July 1919 .airs the South Bond D. aily Tribune, This Board s at Its off lce i�the City Hall on the .30th. s day of July 1919:at 7:15 P.M. will hear and reoeive remonstrsncss from &13 persons In� terested In or affected bythese prooced ngs Adopted this 17th.s day of June 1919. _ G. A. ELLIOTT HARVEY F. 9&QTR Board of Public Works. Attested; - Veronica C. Swa#ney, _ -Clark -of the Board. Engineer filed assessment roll and final *at ima.te for p ipe s eve sewer on Lindsey Street from Scott Street to Allen Street "under Improvement Resolt t ion No, 594., In` the City of South Bend, Indiana. Resolved, that Aotices as to the amount s assessments be publihhed on the 20th , day of June 1919 and on the 27th.s day of June_ 1919,- the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of such assessments at its officer in the City Roll on the 9th. day of July 1919, at 7.15 P*M. Resolved further, that the entire work- ender -the above oozy - tract be accepted and approved and the final estimate thereon allowed. Engineer filed assessment rolland final' estImatefor vator con.-- neot ions on Linden Avenue from Walnut Street. to Anthony Street under Improrement .- R es olut ion No. 646. In the ,City of South Bends Indiana, resolved , that notices as the assessment, be published or. the 20th. s day. `of June 1919 and on the 27th.. s day of June 1919 in the South Bend Daily Tribune, stating that this Board sill give a hearing on the amount of such Assessments at its office In then City Ha11_ o4 the gtW dsy _of July 1919 at 7:15 P. M. Resolved further, that the entire work under the above contract be accepted and approved and the final estiosu thereon allowed. iEng sneer f sled assesses roll and flail est lmtate for concrete pavement on alley east kf Carroll Street from Monroe Street to South Street- aj3d the alley south of Monroe Street from Carroll Street to Columbia Street under. Improvement Res olut ion No. 596. , In the City of . South .Bend, Ind inns. sates Resolved, that notice as to the assessments be published on the 23rd. day of June 1919 fqr six consecmtits dais In the South Bind Daily , Tr ibu45 commencing- on the 23rd . day st June 1919 stating that this Board will g ivy a I hear ing. on the amount of such as##srm*nts at its off ice in the C Ity-Hall on the 9th. , day of July 1919. at 1-. l5 g.1t. Resolved further, Zbot tht entire work under the above contract be accepted and approved and the f -1 estimate thereon allowed. o Eng Inter filed assessment roll and f final eat ima►te for water c ermeot ions on St Louis Boulevard from Jefferson Blvd. to Division, Street, under Tmpr eve me nt Res olut ion No. 641. In the C it yr of South Bond,, Ind Ian& Res olved , that notices as to the assessments be published: on the 20th..,_ day of June 1919 and on the 27th., day o June L919 in the S'5?ku k Bend, Da l Y Tr,ibt:ne , a tat Ing tbat this Board will give a hearing on the awou i of such asssssi0nts at! Its off leer in. the 'C ltyr all on the 9th., day of July 1919 at 7: l5 P. M. .. Res olved, further, that the entire work under the above c ontraot be accepted and a ppr owed and the f !teal es t loate ther* onaall0Wed t' Eng Jneer f iled assessment roll and f Ina 1 eat !mate f or water c onnect ions on. Sherman Arsnue. from Lincoln Way Vest to Portage Avenue under Improvement Res olut ion Now 6589. 'rin the City of South Bend, Ind Tana, Res olv*d , that notices as to the amounts of assessments be published on the 2 0th . , day of June 1919 and on; the . 27th . , day of June 1919 "in the South Bend Daily Tr ibune , s tat ing that this Board w it l give `a hearing on the 9th., day if July 1919-at 7:15 . P.lt Res olved further, that the entire work under the above contract r be accepted and approved and the f ital est lsate thereon allwed. Engineer f !led assess rent roll and f ina l estimate for Water c on sections on Keasey Street from Carroll Street to High Street, under Improvement Resolu- t ion No. 665. In the City of South Bond, Ind lens Resolved, that notices as to the assessments be published Br the 2Oth., day pf June 1919 and on the 27th.1, day of June 1919in the South Bend Daily -Tribune. St6t ing that this Board will give a hear ing on the amount of such assessments at its off icer in the City Hsll on the 9th., day of fly 1919 at 7:15 P.B. Resolved' further, that the ent ire work under the above contract be accepted and, approved' and the f final eat!mate thereon allowed. Pet it ion f fled t o' veoate Terrace Avenue as shown on the Plat of ihwsse l I s 3rd . Add it ion to the City df South Bead and alleys in said . Addition. Alley betwee'A lots 197 and 196 alley !north of Lots 196 and 197..The alley west of Blaine Avenue from itumboltt Street to Terrace Avenue. Ailey between Lots 190 and 191 and alley on -the easterly side of Lot 159. Res olut ion ordered on the same. The following contracts and bonds were approved by the Board. PUBLIC- IBPROVEENT CONTRACT. Tthis Agreement, lade and entered lata this 3rd. day of June 1919 by and between The White Construction Company of the Zat:aly of BilWUkee, and State of W is c oms in. ( hereinafter referred to as the ' Contractor") and the -City of South Bend In the County of St. J08eph#L end State of Indiana, -by and through Its Board of Public Works, (hereinafter referred to as the " Citye) under and by vltme of an Act of the Qe .oral Assembly of the State of Indiana, entitled An' Act Concerning Municipal Corporat ion," approved March 6,1905, and all -amendatory and supplemental 'acts thereto.. Witnesseth., that the contract covenants and agrees to construct as phalt io concrete, pavement on South Bend Avenue from Eddy Street to East City Limits, In the City of South-Bitnd, Indiana at and for the following prices: 1880 1in. ft. of curbing per lin ft................30 2872 cu. yds. of grad lug per cu. yd............... .70 extra grading per cu. yd.............:............ .50 .12 storm grates, each .......... ..............:....10.00 340 lint. feet of conduit pipe, per lin ft...... • .. .80 resetting 16 inlets, each .......... ........ 2.50 350 .fin. ft of marginal curb per lin ft.. ........ . j0 18 !In. feet of manholes, bublt to gra de, each...90.00 11 manhole tops reset, each ....................... 2.50 nva sq. yds. of Trinidad Lake Asphaltic concrete pay sq. yd..... • R ._........... . .. 2.22 7 :5 mud Sau and to per .av uprose cation # saifl amprvvcment ilnder and_ocwrdinq to the terms and, qQii= 622 ^ �E'%oye of �t�on Rio... -.• ---_a a 9opted;by the $oard of `Public Works.... �'�•. fE ;�� + a�1 the to , profile. p ations on�lE nfihe office of ne Dpartm nt, of Public Works, wh;ch' re f*tic i, puns, flrc�In �.md speeiiicafto are rr>�cle a p2 t, Hereof as .wily and effectually as if copied and set: out hereto at, full n t,e,Contiac for fur& r re s ao-ve� � d a re s E t tie ,Sera : # said work nil vroper skill ax 1-care 1 b' e.w -°x'sas ;d.dagerotase�s, . arxd �. i'USE .�) d;C 7''_ `�i i i33 °`' i.a t p� Fx1 1"• ^S t 3'tj u� £ i> '%? -t 1'1 `i!_ V tt �a .,. any yn}'1�:r}r Or CIa:F_ g—e re.3'lei-tlr —1r"' . = i?'- ri[v'.° " ;-:'ir �'- .. i'�L"fiill' 'rE''.`- :L'r�f7€71t /''�`?:i"."r-tR '�$ %1" " Or arisixzg th' ,afrtinl to. ayq pery► or r�ro ri:y, �, 'y�a*e ax is own e�ens� a"t:tl as SLu3ztE. i.ile liability tHerr car ; a 4J i ilia r pert of- s ? + sa 1.dt mly action rr anions - Ur C -gl'�t ag2 `?1ut llE City b3�' reasOia,or Oil C^CtHat. o'# :?T plat 'C'C``t.'Df b^^ ,rI; C,r ¢'tS COS-tructio'' i iv> 31'' contractor will at his own expense defend the same,, aid iilkay any:j d aneat,rccofer^A therein; and wv '.in o all. respects ,fully ,indemnify and,save, harmless said city, its ol•£cers, Sg:-tits or representatives from all cost; expense, payme'ni";orjudgment recovered in conriectzon with sur!i claim or claims, action or actions. A- 1 f Within ten days after any siich action is begun, the city., shall notify the aoontractor of tom,. pPrd_,-:cv ih r E� { then' any judgment repdered against. the city shad; ;be concl,iisive against the contractor and against the surety on his construction bbiid, as to-tl, -mount. liability and other matters` pertaining thereto. And the contra :grams tca ina mtain said improvement arpd itia', sia ask ay b z r ec s z h_ioe�lPrio al.znner$dr the snPci$cVions, aatec:irs niateilance aril p tr t ;f e wit F r fin a�dt-officiextt surety Ahereo 4trid in a* ambuttlt as tl.red pry t',4 sgecif'acatat�n+5. Aowi g sutj �epa�r rvorlc the contractor and the surety �= Ns`'kuardntee bond shall be subject'to-the sarlle'iiabllityio the'iti and any other person for anjr ixrjur)r or a age to y r t : or .prop- erty in -the same manner and to the same e te1.ni -s`is fixed in the iast precedlxag.,paragrat h covering the cozl- struction work. Aiid-it is .further agreed -by and between said parties that the acceptance of.the work provided for in OHS contract, or the payrilf. l-t tll_r"ol at,:ill not constitute a waiver o11 the part of Mile city of any of the provis- ions of this contract, near shall it'r-lea;;e said contractor or the sureties on his bond for the faith,.ul perforn.-i- a_ re thereof; .nor shall the acceptance be prima -facie evidence, of the performmnce of any provision of this contract, except to;tfe cite t of entitling the contractor to the contract price therefor. The contractor agrrees to p4y for all labor and materials used or furnished to be used in the making of such improvemetA and in the pe,vrfor mance of this contract, lelher done or furnished for him, or his argent, assignee, successor or ,'subcontractor ; and the city may reserve out of any '�allowanc:� made on any anti, ;ate in favor of t4ie contractor or ' assigns, or out of the --mount due hiril or his assign upon the completion of the work, so r ucr. as ma cessary to pay all 1aLorers or material men for amounts due them for work done or materials uses, _ ar fished to be used in the performance of this contract and the doing of said work;, and the county. tr #}er, acting as city treasurer, may retain money coHcitedfrom property owners; assessed fot said; improvement to pay such debts or until the contractor sows that they have 6 n paid; or satisfied to remo all rv' a sh, ear',h,'ard un zsed material in the strt, is or sides theraot ill on th coinplFt2on,•ct the. improOOni a of the'repairing therAof: The work of m3kgln' stch Improvement shallbe co*n�eted ac ordir t A t *this contract on or befoee the l b d] /}/�[ }v�y Q unless the time *or th o _role' on of the sa e shag} bee ti E^ed in w * .g by kli Board of Public 'W�+!=st . And .t is -agreed ;lit any C�iC!1 C?ite.7-lon 0, t 45�, Or ?n altPrg.-iOn .Of this ..^'?t'•aci Or (�r-the m1ilnEr Or ITe.,th- ad of doir+g'such tivor'le s.ralt in rf),'vlaly a;fecf the duties obligation§ or ties li )biiities of the contractor or his sure- Tt is agreed that t� e cott,ac or '1a11 not .ssign this contraCt, or sub -let the work or and part theret3f to be done herei1r�c'.er, ui.ho"r h -co . of the Board of P `Nl:ic Works. It is further a :red , ' ina1 d � contractor _or s; ajl eive to residents of .said city and con .z}v preference in the Eniplov roe. of a" la',-C. < _c =.ssary in the _performa�ce of this contract, a:ad failing to d,- s,i, shall forfeit to the city the ;sum of 'ten dollars for each faikirp to observe this stipulation. .And upon the performance•of ail the' terms and conditions of this con!'act, and things to be for a7 :i Pei -formed by said contractor The=said city agrees to cat`se the cost c: doing such work to 1,,, ass ss�d, vl leeted and paid, to said contractor in. the manner fixed bpi the statute governing the making of such impr'oae- Ments. o each of the conditions and stipulations of this contract; including all and singular tie -provisions -,rd terms of the p1 +ls,rofiie, specifications and resolution aforesaid, the undersigned binds himself .or trsrlf; and the".a`espective Successor or assj ns of such par ties; - .' In testlaony Whersor, -We. the 'foregoing naMed paftlft heta tO Set : our handff t418` Ord, day of June 1019. THE IMITZ CCNB TION_ COWiNY A. #WIMca Press* ° Contr tour, CITY OFSOUTH BEND"& INDIANA. BY 4.A. ,SLLIoTI' NOVEY F, ROS ITISBB Its Board of Pudic Works. C'ONSTRUC T ION BOND. Know all mien by these present-, that we The White Construct -ton Company df' the County 'of MilVaUkett'i stow, or Wisconsin, as prIntipal and Jftrj,land Casualty C°olzpany, Baltimore, lid. { A corporation.) as sureties iws held and firmly bound .t d the City of Sonia Band, Indian,&, in the sum of Ten Thousand Dour hundred °a d ninety Dollars (#10,495.00) rot the pa*l ent of which, well and truly to be M Vie,,. and severally bind OUrselves, out helf*s executors sdm1ni3tratox4 and assIgna, firmly by these pr*#41its 759 ; -! -����dl��.�-��3►��,=�-.���.9-.-��t 'red-� - � v Tha a Md it ions of t he ob l lira % *M sr,'O y The White C ou tr not ion, Company the 1l faithfully comply 1► i+u t1 the f arego ing c ontraot, merle a zld 'entered into the Ord day of June 1919 with , the City of South Bond,, Ind tan, AW s b< 11 ruff ill a 11 the a and it loos and s t ipulat ions there in c ants fined, ace said ing .to tit trui..-Intent and wendio.g thereot, in -11 respects, then.thle obligation to be void, -ot h:� rx fie¢ to b a - and re ns in its f ul l f oro a and virtue 1as. 1 the a.snt the said C 1ty dhdll extend the t b a for the a ow let ion of ss'ki iwork, such extension shall AQt 1n: any way reloase the s'arot jes on this bond. This Abell be -a c oss Cruet ion bond, and the sureties on the SAW shall not be held respons lb le f .r the uittenanco and yepeIr of the Iaprovelaae�tt after 3t ha# been accepted by the s.c ohct party, but such suret oe shall be -hold respoas ibls for the fa tthf u1 c ompl Lano a With a 11 other c gnd.-it ions , s t ipulat ions - and requirements -.overod by at S#t out in the c ow.trwet t R IMNESS our harts and seals thle 3rd. day of June 1919. THE WHIM CONSTRUCTION COMPANY. A. W. 10ITE0 Wioe Prest V"YUND CASUALTY COWANY BY ALFRED. A. BdTLLgR, S. F6 RALMY attorney 13t toot. W. B r WBNZEL The above bond approved thl.3 17th., day of Jun* 1919. G . A o 8 LLIOt'T B.�HVS Y F . R OS IT TSBR Board of Public WorlB . PUBLIC IMPROVRiNT CONTRACT. This Agreemomt, lade and entered into th#s 17th., day of Ju>aa_ 1919 by and between Joseph Luther of the County of St Joseph and State of Indiana , {Beeia- after referred to as the " Contractor"), and the City of South Bend, in the Ceutty of St "TLase ph, and State of Indlamas by and through its Board of_ Public Works (hereinafter referred to as .the " C ity*'), under and by ♦1rtue of an Act of the General Assembly of Of the State' of Ind inn►, entitled " Aa Act Concerning Munc pal Cprpsrati4ns,." approved Karen 6,019050 and all amendatory sad supplemental acts therete W itnosssth, that the a ontrac for covenants and agrees to coostruct water c onnect ions on B irdso ll Street from Was hisgton Avenue to La Porte Avenue, in the City of South Bend, Ind heat and .for the f oll owing pr its es s - R3taps long aide, eaeg........... . ..................#21.00 19 tape on -short s lde, each.....:` ............ 17. 00 and to perform all work in the prosecution of said improvement under and according to the terms and can- ^ ditions of Improvemer_t Resolution No. ..664_------------- - adopted by the Board crf Public `T•Jor'ks..ApW11..29.th.lglq• and the plans, profile a.nd specifications on file in, the office of the Depa7tment of Public Works, V7bi-1h sa§d reso ution, plans, r•rofile and specifications are made a part hereof as fully and effectually- as if copied and set out herein at f? 11 l n th. _ e contractor further e-_xp .,ssly covenants and aar s that in the _pros-cution of said work atl prone r ell '?.. d care . `1 be exer.,_ th-t be 1 r-- one`' wall. en ava'if..ns 2r4 dang.•, ous.,pla . and,?1 Use all dt,e end Proper. Dr ?`.?O7 t^ or peI£On: ri pQ ?%' fir, lh , .*f - 4 ny inj,lry or d:.m .resu. i"O m t ^ .� ,r', or r ...:. fr n1 ? y - C_ .iy's ,tv n: :• _ _,1 } arising thereTrotn, 'o any pers^--i or property, he 11 na.v 2r l ( _idate fine S 1 S C--; 1 surr.e the liability there or; and in the event of arty cla'wm or claims he,ng rn ip (r a :y a;,a }. bro.;ght against the city by reason or on account of or gro«rii g out of l contractor will at his osvn,expense deferd,the same, and 1.aill pay any juogrrie,it r zcrwe.r-:d ^r in. r; d a1_i respects fully indemnify and save harmless said city, its officers, agents or re rese-zl ari vAs f-^)r =" expense, payment or judgment recovered in connection with such claim or clair,c., action or ac `io-.s. within ten days after any such action is begun, the city shall notify the eontrac*or oft n then any judgment rendered against the city shall be conclilsive.against the contractor and against the s:irr:: on his construction bond, as to tb amount, liabilitly and other matters pertaining thereto. 760 A -A •the coz frac wr a greoS ti, wa:n'tain sald iii; : v —ment &. 4 wa kt .su<:h rtpairs a's rn4v `i 0 a V : i - S:' 4h;1j er1gd And in the: manner as fixed -by t:'ie specifications,na and to sets re .: a ntenance' a.-o repai t � e`with t'te Board 4 Pudic Works a� bo:Lh sufficient surety thel eo a andi'a an amount " 6•-cd' rifications, And mri doing such rr air work the contractor and the suretj tad lij,,R .guarantee bo&! shall n— s0ject to the Same bability to the city an4 any other p­ rson for any, ,njt:ry of damn to arij+ per s . .or erfiy in the, saute rnallner and to the same extent as is fixed in the fast prkcedi :#ar*graph cover ia- tllq.`coU_ 6tt udion And it is further agreed :by ,and bp*va^en said parties that the acceptaiaee of the work provided for in tf-:is cAtitt°sct, or the pa vaiZ,it th,zrgof, shall not constitute a waiver o_t the pert of the city of any o flv, prc�✓is< iot,e ®f this contract, nor.sh:Il itr,:Ieaae said'.contractor or the :sureties on his bond for tha fastt..i,,1 pears. a 'sr thereof ; .riot° shall,the aceeptarice be prima facie evidence of the performance of any proviaiptl of this 90.4truct, exrr,'pt to the extent of entitling the contractor to the contract price therefor, 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 hint, or.his ap t, aoi nee, successor or subcontractor; and the city may reserve out of any allowance made on any eU4nate in favor of the contractor o.r ' lsslgns, or out of the amount due him or his assigns upon the completion of the wort., ad truth as ma' cessary to pay all laborers or material men for amounU due til'lo= (of work done or material's uses, _srnished to be used iu the performance of this contract and the doing Of said worn, vnd tip ,ountx lrte.bLr(-r, acting as City treasurer, may retain money- eo,Ittted from property c ttcrs a'sessAd for said mp'ravement toy V such debts or until the contractor sows that they have V( .i paid er sdtisf'ieei to remo .01 ru ' ah, earth, and um:sed material in the strt::ts or sides thereof xpon• the completion -of the impro r m-_,at or the repa;ring thereof. The work of making sih improvement shall be completed accordi, to the tear f this contract on or iprfore the#i. - day of 1•.. 1p ....... unless the time for the completion of the sat ,e slink b extended in w,iti � by thA Board of P iblic ��To,1rs, Aid it is agreed that any such e-ten,;on ' ti=�e, or 1ny altera`ion of th;s rtract or of the manner or meth- od of doing such work shalt in no way pI ect the dutiks, obligations or liabilities of the contractor or his sure- ties. It is agreed that the co trac*or slall not ;assign this contact, or sub -let the_ work or any part thereof to be clone hereunder, vvitho:.. tbP ,, e, co nt of the Board of Works. It is further 'agreed a d sti g d 1 c,)ntractor shall give to residents of said city and county preference in the empdo mn of *i? labor ., _c ssary in the performance of this contract, and failing to do so, shall forfeit to the city th,, suzn of *en dol"I's for each fail -re to observe this stipulation. And upon the performance of a':1 the terms and conditions of this contract, and things to be done and performed by said corer -actor the said city agrees to cause the cost of doing such work to be assessed, col lected and paid. to said contractor in the manner fixed by the statute governing the making of such improve- ments. 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., a.nd th ; respective successor or assigns of such parties. IN TESTIMONY WHEREOF , Woo the forego$g . arced parties, hereunto set our hands this 17th.9 day of -June 1919. CITY OF SOUTH BEND, INDIAHA. BY Q. A. ELLIOTT Its Board of Public Works. • J0a'H A. COINER Coxtractor PUBLIC IYPRO'VEIM CONTRACT. . This-Agr.esment ; Made • and -entered iato this 1-1 June 1919 by °and `between - Joseph •Ai -Luther of the Ceufiy of St. Je *r Indiana, (hereImrter referred to, as the " Centraetor" ), and the &-., Bend, in the County of St. Joseph, and State of Indiana, by and for e of Public Works, (her:el asiter referred to as the " City"), under and by a of as Act of the LG*aoral Assembly or t iie State or Indiana, eatitled " An Act Coa- c arming Munlo ipal Cerporat leis, " approved lurch 6,1905, and all amendatory acts and supplemental acts <thereto: - Witnesseth, that the contractor cayonsats &-ad agroon to construct eewetr connections on Koasoy Street from Carroll Street to High Stroet, in the City of South Bead, ,Indiana, at sad for the followlag prioos:� 19-6"iach surer taps, •ach................... 18.00 761. -and to perform all work in the prosecution of said improvement under and according to the terms and con- diti6hs of Improvement Resoli.it'ogi No. .665- ............. adopted by the Board of Public Works ..... .A�il.__.2,9th.1919. and 'the plans, profile a.nd sp cifications on file t11e office of tl e'nepa-*ment of Public Works, wb ch sPid resolution, p'an.s, profile and specifications are trade a pa.;-t hereof as fully and effectually as if copied and set out herein at f,-ill lend*.h. e contractor further expr s :lv covenants and ,bat in the ms�cut;on ; 11 p sl<ill : , P of said work _ roper 1 Care r er .rc c ri h� r•• F...n . .• all 'ra ^nS acj4 dangerous lacefs use 0 dii� 1 d p� der pr, :i17 to pr t i ail p n y peT C I t.' r t' �,. f n Vp } any injury or (41-_,,m--?(1re resulting.frcm tli,iv­ i ; fr r Or thin - arising therefrom o an. er ^n or on .rt r i iv a- � 1 e t._ r.tivt .I or Y P pr y, . 1 date `h s one at r;s o,vn expense and a.s_ surre 'he liability therefor; and in the event of an Ala.,., c- laarhs b n� tP r y m ,.. _ c . any action cr actions b .: brc:tjht against the city by reason or on acco.urt'of or grc-V,ng out of s-"(d 7..icr': or its co=�rtrt,c•tion r_. sa1d contractor will at his own expense defend the s- me, and ,rill pay any judgment recovered thQrein, and r,ll in all respects fully indemnify and save harmless said city, its officers, agents orrearesentatives from all cost expense, payment or judgment recovered in connection with su<h claim or claims, action or actions. A=id f w'th.in ten days after any such action is begin, the city sha.11 notify the contractor of t;,,_ perde-cy Cher -of, th .n any judgment rendered against the city shall be cgnclusive against the contractor and against the suret;- can his construction boned, as to tb amount, liability and other matters pertaining thereto, And tlie'cti<rra.�''_or air es to r alert_;.°n Said 7 ':r:J •le. t v ' the period an :e su it i'ep s as r, }` ; -_ £l lil the mae,z,Cr Sea" f Xf d Uy the $) r bra. JrS, and to sect.rC ,ie n;4ir n a..c.e a. tt 1 p?,r t to file with Oe Picard of Public Works a bond stb s *fiicient surety the.reo.: and i:i are, amours t � ;i.;.tea ,, ,r specifications, Arnl 1n do rag such repair work the contractor an + subject to the sarie liability to the city 1 t d the surety ©n his gr:arante oc�=:, s �.'1 l:= `fir �Itu,aa3 other person for any injury or dam�f;e to any p _ pa,, c'r.;y in the sari e mai,rier alifi to tf1e same extent as is fixed in the last preceding paragraph cov�,..tg ie col._ straetion work. Ai d it is .further agf•eed by and het;,-cen said parties that theIacceptance of the worlt provider for i i fi`.i:; coo trc ct, or the pay, -c:.t t,,_r'^f c L f of co lst;t zte . a wa,v-:r o the t of tile cit t7i s of this contract, nor shall it r iea;e said contractor or the suretl s uti+his bond for the fattl ,t +p pro'.;", ; an 'e thereof; nor Shall the, :acceptance be r:ma. facie e v1 ne^ contract, e?'r' p C o oI she performance of any provlsi0l of t:i11; , opt to the exte;t of entitling the contractor to the contract price therefor. The contractor agrees to pay for ail labor and materials used or furnished to be used in the makin.;g of such improvement and in tine performance of this contract, whether done or fur-nished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any esti*rate in favor of tile,contractor or assigns, or out of the amount due h-inn or his assigns upon the completion of the work, so much as ma borers or materiai men for amounts due them fo=- 'work done or materials uses, urnishe t to pay all la .urnished 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 Boll: ^ted from propert, owners assessed for said improvemert to pay such debts or until the contractor s'Sotivs that they have ibftr. 1 paid or satisfied r emc nil nv': ,`_,h. ear h, and un+ sed material in the streets or sides thereat t.l�oit ti,t curtpi�.�o c� the irnprovzm it or tb.e repo;ring thereof. The work of maltng. sii h ggrov_ment shall be completed a cordi to the. of this contract on or before the.. ....... ... P ... --- ---dav of _ 19 u ,t�Fs the time for of 1-he sa e sb-li be e.-terried ,n \v t. r by the Board of Public Works. .And it 1s agreed that any s<9''i'1 • ±en'!ion 0 7z� or an 't r, i t h t; ct or of the manner or meth- od e . doing such work shall ;-n no way affiect the duties, oblig?;ions or li-bilities of the contractor or his sure - it is agreed that the contractor shall not -ssign this contras`, or sub —.let the work or any part thereof to be done hereunder, w, ' u ~e -.. of trie Board . P: blic Works. It is further agreed and coat ;tor sh.al! e to residents of said city and county preference in the employrn net .of P11 la ser ,c�,sary in the n crfo-,,,a„ce of this contract, and failing to do so, shall forfeit to the city the sum of t-en dollars for each. fail, -re to observe this stipulation. And upon the performance of all the terns and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cat -se the costr_:f doing such work to be assessed, col- . lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- nuents. To each.of the conditions and stipulations of this contract, including all ar.d singular the provisions and terztxs of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself. Al."Alk"d ttw respective successor or ass:,'rrs of such parties. Is testimony whereof, We, the foregoing naI P& t iea., he'reuat• let our heads this 17th., day Of Jude 1919 JOSEPH A. LUTHER* CITY OF SOUTH BEND, INIMM. .By G. A. Elliott, Its Beard of Public Werk;B. .. This Agreements, 16ade and iemterod €�� � �.7th. , day of June L. lyl9 by end -botwooe ?�s3tar J. Br* adorf of the Count fit . Joseph dad State of Adiano,- (here InaftOr'r `erred Uas +he " COliti r ctore)b d 'the City:.of South HonA, in the County of St• = �axoph, -Stato of T';etd1V%a* by a A hrough it's yr d ,of , blle Wd�,. here s ar de ad tt;« is the under :and e4: by vIrtuo Of an ACt or the gOaoral ly 'tic ;Mate of Ind �.ahi�, entitled e het once -las icigal Corporatioust, :,f W,6radoh 61,19050 "d All aAandhtoro -note d aupplematal acts theroto: Witumbseths, that the contractor aovenaltts. and agrees to conetr_%Jct ester =co aotioas 'on easy Streot from .Carroll Street to High Street, inn the City of South. bead, L I>adiaaa at AM for the following prices: +� tape on the short s 1de, each• • �'• • .... r. • • • •.�18a 18 2 %ape on -the long s`td , each... , .... .... 19.43 wrld to perform elf wotk in the prosecution of said improvement under .and according to the terms and co.ri- dit2ions of Improvement Solution No ..__.rt, +,�j .........,,Adopted by the Board of Public " �IorksApr_=2, _ ,-1-91,9, and the plans, profile #� l" ipecifiw,0ons on die In the office of the De. a. tment of Public Works, wh;�h. said resol±t.ttion, pla.zts, rofilz and specificabons. are m2.de a part hereof 0 fully and effectually as if copied. and set out herein at u11 length. T-, contractor further expres.5ly covenants and agrees that ai•tb� prosecution of said work a1};.proper skill at;d care ~ `1 b., exer ised; th-,' he exra-cations any( dangerous places, and !--I use a!i due Ord proper p utjon to ore,.—_* trsocil or p C _..t, tt i 1 P nn� it an in Lin or d,—m .?. '''n r,r ;r ii ? Q r Y .) y � reSU_..1. g fr .r:i tlj ,F Cr `-tS � fr717' r?- � ^•tfi or tl,+ �' r7-Ir'., .` d tt'?"r£\vi'1? Or arising therefrom, to any person or property, he 'il ray and'+c_iidate +I:e s ne at k,is ci+n exp..nse, a»cl `+s- surae the liability therefor; and in the e.Vent'of any claim or cla.ir .sue l:g made or a ,y action-, . or aRt+.o-Is h; ^ bra -right against the city by reason or on account of or grcli._g out of s- ' _._, r' (�r i*s cow t 'coon, s-' i. contractor will at his own expense defend the same, and -will pay any judgment r eoverFdah^rein, all respects fully indemnify and save harmless said city, its officers, agents or r z>resena<ativps r-o^I at' expense, payractit or judgment recovered in connection with suil-, claim or dams, �a._tion or .*Yor,s. , within ten days- after any such action is begun, the cityshall notify the contras*or of t•. oar thl-gin any judg .icaf rendered against the city shall be conch+sive against the contractor and against the s-jr_,y an bOu c-crosti.tiction bond, as to th .€moult, liability and other matters pertaining - thereto, :cl £c; mn- it swd iMr r:: t "d make such repairs as way .^ nee Sti :'y' ' Ole F'% od and in the';ga;-.rCr as fixer! :.I %,' S�,'r.�_a.2 nS, and to Se-CU're aC nlaint.enancc and repair thus• •.? to file t�ith 6e Board of Public Works a b�.d vy;th si:.fcient surety thereon and in an amount as n:e-d by the speclficatiors, Aral in doing such repair work the contractor and the surety on his guarantee bond shall be jort to the sAr,le liability to the city and any other person for any injury or damage to any pers or prop- vr`y in the same raa.i; ler and to the same extent as is fixed in the last preceding paragraph covering the con- sti'uc ion "work., Ar d it is further ag:'eed by and bet -vice --a said parties that the acceptance of the work provided for in this (?)jitr,,!ct, or the paynle :t thcrc A shall not cons_"_tt tC a waiv::r O the p?rt of the city Of any Ct tl":L"-. prOVYS- WW; of tliis contract, nor shall it release said contractor or the :sureties on his bond for the faYt:"._u' perforra- a.l rc tk?ercof ; nor shall the acceptance be prima, facile evidence of the periorinan ce of any provision of this Contract, except to the extent Ot<entltilna the COi: r'aCtOr t0 the contract price therefor. 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 performar_ce of this contraci, vhethcr done or furnished for him, or his agent, assign*e, successor or subcontractor; and the city may reserve out of any allowance glade on any es ,-iate in favor of the contractor or ' assigns, or out of the a-rnount due him or his assigns upon the complaLio t of the worse, so much as ma- cessary to pay all labore s or material men for an; ounts due then f- 3vork done or materials uses, ;, .arnished'to be used in the perforrn-ance of this contract and the doing t,t said work, era trie county treasurer, acting as city treasurer, ±flay retain money co L ted from property owners asses ied for said Imp.rpvenient to pay such debts or i1r:rl the contractor silo s that they b.sw, 1,� , paid or aatisfied - earth, and LYrt::W d r^ tci1 1 ifl t;ib' stm 'Pt or tSedN l: . .3 upon the completion of the imoro� cm.:at or th.p repa;ring thereof. Tne work of makinu s� ^'� 'mpro tment shall be complete �ordin to t of tbls centrnet on o ' � - d ac before the---------------- -- 1 dap of.... u r h_,__::- t�s unless the time for the re ,e,: --f -h s by + n ......in t t t#,,,,, ,,, ---,-- , z„� :e s �, ion o the sa:-•e sha:i e� p,.ied ill ���• g by ki._, Board of P>:il�lyc ���f't S, And it is agreed that any s ,-h e-<te-n; ion of t:-.-, or any alterc.`ion of this con+% act or of the rrtgnner or r il%h- od of doing such work slink, in no way affect the duties, obligations or lipbilities of the. contractor or leis sum, ties. It is agreed that the cont,a•cror shall not a.ssign this contract, or suli-let the work of any part thereof to be done herender, wi ho!' e ri' ^n -o_. -: of the Boa Public Works, ' rd of Pt., _ c It is fr ther ap-reed a l _ d at �: contractor sh it dive to ra.ide is ®f sP,id city and county preference in the ernploym,.nt of a't labor ­;,(.essary in the perfor%iance of this contract, and Uiling to do so, shall forfeit to the city t nz s ire of t,:m dollars for each fa.illire to of serve this stipulation, And upon the periormar_c of ail the terms and con: tions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such worst to be ass3as�d, col- lected and paid to said contractor in the inane. er fixed by the statute governing the making of auch improve- wents. To each of the conditions and st p.:'fa cns of this contract, including all and singular the provisions and torris of the plans, profile, specificat_ons w-d resolution alo es i3, the ?:r� leniirpnad binds himself or itsolf 10 anti il,L _ espective successor or assigns of s?�ch oa.rtiPS• IN `TESTIMONY MEFEOP, We, set our hands this 17t°h., day of June 1919. CITY OP SOUTH BEND, INDIANA. BY G. A. ELLIOTT President. Its Hoard of Public 'forks., the foregoing wood parties, hereunto WALTER J. BRA.UNSDORP coati•setor. Thera , fie, axt sa d _ by and between Waited Br*wwdwf of tb*- a 'S T ` >,a ybat& �a (herdlaaftor referr' *d to a the "� ' a t ftjri :a > e }. tbo ae of St. Joseph, and State of Ind , boy and tbrmgh its Re rtV af. ftbl: Lr Vale t (hers tom- after referred to sa the " Cite), under and -,by vittu* of an Act 4f the Qbntral Assembly of the State pf Ind iana s entitled " Aa Act Concerning Municipal C-+rrper`t lasts:" approved. -march 6,1905, -and all amendatory and supplemelctal .actslxtherot*s -r W tnesseth that the contractor cavon's 8 sad,, agrees` �o construct water connections on Sherman Avenue from Lincoln Way West to Pert L e Avenue,, In the City of South Bend., Ind iar,+� a at and for the fol! o ing, :prtoes �► 6 titipx on the ,khort s 1de, each. 9 tags on the long sad:, each ................... 40.95 and to perform all wank in the prosecution of. said improvement under end according to the terms aa� c.-.n- } - t ditions of Improvement Resolution No. , adopted by the Board cf Public Works.. 1??' ,.18,:1g19 and the plans', piofile'a_nd, specificat ons on, file -*ri the office of the Department of Public Works, which said resOutien, plans, profit , and specifi,catiobns are made a part -hereof as fully and effectually. as if copied and set out :herein at full lenge th. ,e contractor fuggier e ipressiv cov.narts and ag es th t is the prosecution of said work all proper skill azid care. ---;'l:be-e.�erds-oil th he t c�� --d f �` all excavations anal dangerous places, and -ill use all due and prt•ner Pr.� n _..�. +,c ores ,t iiiiury< t1 i y person Cr 1 r `r.; th ' `{' eve -it � f any injury or damage resul�ii-g {, :m t':'_ w^ - or from : -y 'r itter or thing r,jn' rkr d tll?rfwlln or arising therefrom; to any pense -n or 1)rop•7!rty, he !1 raya«d lic-aidate t?e s,--ne at his own 6xPense a;rd aS- su,me the liability therefor; arid. in the event of any claim or clams b:?tna made or any act:ionrr a^.tions b ing brow ght against the city by reason or on arcoun_t of or groi,,ing out of r ,or'r or its co :.c duct{on; it ' ssi 1 contractor will at his own expense defend the same, and t: ill pay any judgment recovered thsrein, and -r •'1 in all respects fully indemnify and, save harmless said city, its officers, agents or representatives frorn all cost, expense, payment or judgment recovered in connection with sucl. claim or clairr , action or actions. A d f within ten days after any such action is begun, the city shall notify the cortrac+or of thr: A'..'rA- ev ther {, th:m any judgment teadered against the city shall be conclusive against the contractor and against the slxr?t= C::ii h=z z-oiisirxic%ion b »n.. as to th vmo:;;�t, liabihby and other matters pertaining thereto, A c ' R ,�� r,�` r a ra t rT = t.ti, -. - `� � _ .. et _sud make such repairsas tray be necessary t',ic and in the ZMi a"U -.�Sn, C i,%n3, and to secure file maintenance and repair there -of to file 7rith the Board of Public Works a boll t with s,_fcient surety thereon and in an atnount a& fixed by the ;Tr, clficatiors. .And in doing such repair work tbr- co -tractor and the surety on his guarantee bond shalt be .;i!?ij t to the sa.r.;e. liability to the city arid any other person for Fay injury or damage to any perGtia or prop - in the same manner and to the same extent as is fixed in the last preceding paragraph Covering the con- uc+ion wort,. Arti it is further as=reed by and Let r �etl said rties that late acceptance of the -work provided for In this it. t or the d rneiit tC_CI-C, �1?li n t CG �, txtc n_ ' P w` the + te,+ ra.r; p y_ O = a 'YaiV r 1 ti__ Pa. of the city of any of the provis- i01.3 of this contract, nor shall it rclease said cunt -...-tor Or tht: sureties Orl his bond f.,,r the faitl..:Lt+ perform- 21it;+° tb..i'rcof; nor shall the acceptance be primn. facit e-vridienco Oft 1L 1%erfor-mance Of Sr,ji provision of this contract, e3 ! C pt t0 the extent Of . entitling the Contractor to the coniract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the maleing of auckt improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any ailowaaice glade on any es'ti:nate in favor of the contractor or " assigns,. or out of the amount due hir i or his assigns upon the complel inn: of the work, so much as ma,' cessary to pay all labore.s or material nien for amounts date them t Nv-)rl {Vsat, or materials used cr .Urniyhed to he use-- in the of this contract and thr doing tlfi said wont; and the County treasurer, acting as Ci%y tre?sulrer, May retain money Cc:l.'.tt:d frorn property, ownQrs asscsscd for said improvennent to pay S:` 1 !�? tS Cr ':" ;l tL.£ r ^fill if t S, rrtti','/i ghat they havr.,, l ; , villi or �3 ix;SRA rt rb. and uin-;;,£_' rnate-isd ivi i.':':;, streets OT ' upon the cc:l;Dlr ^n the . 1 C` _.., It C. _. he r P2`ring thereof. ` - 1 ie ,vork of rr zing fi+,rli im. pr3v-:�ment shall be gonna iP -e>d according to the terms. of this contract on OT r before ore the ---------------- 1 th day of Al --------- I9............ unless the -time Or t orn-')!— i n -4 ,„y s. -1 i,j P_d l c ._t."'6 1•• r n i ? y the Bead ..f P iblic Woks, Aid It 1S agreed j `..h?. t at1 r ^Ll { a IciC,i + ?n L 1 - ; the manner or r1 h gr j or v al r on o, * c i,ract or o a r p od of doing such work so:ill 'I, no [" ay a:: e t he duties, obligat:G-is or l;._bllities of the contractor or his sure- ties. It is agreed that the, contractor not =.ssiun this co- tract, or s :b-let the work or any part thereof to be done hereunder, w nr,_,t he of the Board _ c ice; }:_. Works.it is further agreed .) .d :, ...-o 'd `n -, Con ra- ` r shall -v-e to Ies:dents Of said city and county reference in the em .'o m` nt of all labor : sar in the r_ t' r d £ ; P P 5 y e n oti::an e Of n.� contract, a a.iing to do so, shall forfeit to the city the sum of ten dolla_s for each ta.ittre to observe this stipulation. And upon the performance of all tne•terrns and con ::'itions of this ceniract, and things to be done and performed by said contractor the said city agrees to cause the cost cl doing such work to be assessed, col- lected and paid to said contractor in the 111a._1_ er fixed by the statute governing the making of such improve- s. ntS. To each of the conditions and t, Irc'wd ig all d singular the provisions and { ,; i1S of the pJans, profile, s} eCl lea _o..S a .d . ' _0 1 at 1, t': birds '?:msel£ or ttaFlr �a t' e cctiTc successor or assirr_s cf h 1 + ,;• IIL'Test imsay Whero*,f9, Ayes the fsrejoiag names pest lea, hereunto Sat our hands this 17th., dV Of June 1919. CITY OF SOUTH BM- s INDIAM. WMTER1. Byf S WI _ by A. Ell istt, cec t or. Pros tdtni'" Its Dfit►d of PublIa Works. 764 TW ,. PUBLIC 'MVO' CON'TRACM THTS AGRIii *de and *ntt.eerod late this 7�h-t day of June by '"d b4t�6oA'BrU*4-';Xo PS*po of 'the- County of St.' Joseph iand State of IAd­1&a&q ad to as t�h'� ' -COX t - or*)# add the City of Sibuth,BoAd. -ft the (18rilsaftir,reforr at1act, 0 Gusty, of- St, Jon apb" Gad -. State`: -of Andla by *nd- through its Board of Public, Works., (here laaft or. rtf orrod to as 'the '4MIty'), under amd by'virtuo of an Act of the Goxom ft aly tit Wof "the Tana, tled A% anti Act C onaer-n ,UajoLjp&j Copper it 1a4s*ppr a v- ad ol 09051 and 4ll,aaeadatorty and #,uppl*_ limth moatal acts thereto: Wit*098.0thi. that the, amozacter covexents and agrees to VoRttrUct pipe sewe* in aad`along, *Beale, Street .from Portage AvesUe to Kessler Boulevard In the City! of * South* Beado, Indianat I atandfor the follow ag prices; 525-jin. feet of 12 lach pipe saver, -per lin ft o.. . ...... $2.3-9 38'lla. feet of 8 lach pipe sower* per lin ft . ........ 240 Ila. feet of 6 latch conduit pipet perliar-r_'t" as 20-11 is. feet Of a&"oloe per Ils ft#:o&9oo#*oo*o@o9*o#o 7w`O 2 storm water grates, each... 2 manholes, curbs sad covers, each .............. wja(l to perform all work in the prosecution of said. improvement under and according to the terms and -con- ditions of Improvement Rosoliltion No. ...68S .............. . adopted by the Board �df Public !Norks..J3,ma .... 3,0.VIq. and the plans, profile and specifications on file's n the L office of tlie'Depa-.tment,of Public Worksl.-Wbicl�-,,said t made jj�L fully and effectually as if copiecf. and res0q'tion, profile and specifications ar., part hereof as .1 s out-�hee � at i, 11 Ise Zth et ettl 'I e contractor fiixther expressly covenah-ts'aagrees that in the prosecution -of -said _-work all proper '.34 s a144 s,,, T, ozf)� skill-azzid case_ -­`.1 bt:e�zerc`sei; t1-1-1t, he .11 excavation dangeron esi, il c to person or p7c----_-tty *tl j t . 'r, �a"t ifilul, e and pzr.,�f)er pracatitioa�i6 p any .injury or danoge resulting frorp 6- or re�,t f ?­y.!zrat+er or thin -ttr i thcrewi4 or .from ay an -pe at his ova expanse, ax arising therefrom, to any pers,� 0 property, be.,m,41 p liqt7idate- the ssi 'd "s- f any 0aiin or Clair -is be -rig made or any ac`;o ti r�r ac surne the liability therefor, in the even't- o. bro:--ght against the city' by reason or.on account of or otltxaf ci*d -wor'r- or its cnn�trlicti sn, i I I I e contractor will at his own�-expense de4pnd the sarne,.and".will pay any judgment recovered ther'in.: and all respects fully indemnifk and save harmless said­cityo its officers,, agents or reoresentatives from art: cost, expense, payment . t or I judgment recovered in L connection j with such claim or claims, action or ReLtio, na. -A I f within ten days after any such action is begun, the city shall notify the contractor of tiL,, oenn'l then any judgment repd6ized against the city shall be: conclusive against the contractor and against the 'surety ca leis construction bond, as to tb limount, liability and other matters pertaining thereto. And the contractor agreas to md'Ji"l-nin said a,_zii. e-sl­ .11 repairs aF. r-- L the period' and in the. manner as fixed by the specifica-ions, and to sec -re 1,ae maintenauce ana to file witlt.,t'ie Board of Public Works -a bond_;­'th sufficient sur ety thereon. and in an amount as specifications. And in doing such repair work the contractor and the surety on his griiarantee bc­l b., subject to the sarne liability to the city and any other person for any injuryor damagt to any z-, C7- P erty in the same manner and to the same extent as is fixed in the last pneding paragraph cove, fiity 'C-le co,.­ struction work. A_-nd it is further agreed by and between said parties that the acceptance of the work provii-Ind for t: contract, or the payment thcrzof. shall not constitute a waiver on the sr-t of the city of any t-4 u ioi 5 of this contract, nor shall it rtleasc said contractor or the sureties on his bond for the ante thereof ; nor shall the acceptance be prima facie evidence of the performance of any provisloll0'1 contract, except tb the extent of entitling the contractor to the contract price therefor. "'The contractor agrees to pay for all labor and materials used or furnished to be used in the making oi such in and in the performance of this contract, whether done or furnished for him, or his ageict assignee, successor or I subcontractor - and the city may reserve out of any allowance made on any esti-�nFi,te in I favor of the contractor or assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma- cessary to pay 411 laborers or material men for amounts due them for work - done or materials'usea c.: urnlshed to be used in the performance of this contract and the doing of said. assessed eged work, and the County treasurer, acting as city treasurer, may retain money collee(ited from property ownS. for 'said improvement to pay such debts or until the contractor bows & that they have been L paid or oatisfied to rerno- P11 run')ish, earl-h and tim-1sed tnate'r`ial in the strtets or dpQn-the the impro1;,2m-..-j 'rfrij thereof. A -or the repa, The work of rnq:kin rovente' K sw7h imp. nt shall be completed 4-ccor in to th t f this contract an or .................... . ............... �__Aay 6f ----------------- . ..... ..... .......... . b#Jore the ............. %._.; ... L7131 -------- ". or f4 VnIrss,the time. for: the coinplet`;Lon of the sar t sh '11 bl extended in w-:It,,--g L-y the Board of Public Worlis, a i Ar:d it is ag-rP.&d '117t Pny siuh i <ten, ; of ti­ ­m or y alter of this c(­nfract or of the manner or mt�th- wn od 6f doing such work shall ;fn 11- o way affect the duties, obligations or liabilities of the contractor or his sure - It is agreed that the contractor shall not �.ssign this contract, or sub -let the work or any part thereof to be, I done hereimde,r, w i t h th f .,vruv en conv of the Boarid-of P,,,blic Works. It is further agreed and stiptila`-cd +ant c,)ntractor shall give to residents esidents of said city and county preference in the employir,(,rit of all labor nec.2ssary- in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this s I ,tip�ulation.: ,And upon the performance of all the terms and conditions 6f-:-th,s contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be a!fq;_-ss11d, col- lected and paid toL said contractor in the manner, fixed b, improve- ments. Y the statute governing the making of such improve. To each of the conditions and stipulations of this contract, tract, including all and singular the provisions-anA terms of L the plans, proffiresolution specifidations and re QI tion aforesaid, the ;undersigned binds himself or itself, knd the respectj Ve successor or assigns of such parties: TAT 'WSTIMONY WMRHOPo Wov,the f *rag 0 Ing named parties, herauxt* got our L h&Zd8 th4 nth.t day- of. Juse 1919*L BRUNO DBPEAP s, C ostract ft#' .5 CONSTRUCTION BOND. Xa*w all men by these presents, That we Bruno De Pseps 'the '. -St Joseph. State of Indiana and United States Fidelity & Guaraut o C onatoy Of and State of Uaryload as curet les i are held and firmly bounce to the City ,of South Bend, tnd3sna, in the sum of Eight Hundred sad forty three Dollars ($643.00) for the payment of which, well and truly to be made, we jois:tly and severally bind ourselves, our heirs, executers, administrators and assigns, firstly by these preseatst The c =4 it ions of the obi igat ion are such that if the above named -Bruno De Paepe shall faithfully comply with the foregeiAf aestract, made and entered Into the 7th., day of June 1919 with the City of South Bend, Indians sad hall fulfill all the c end it ions amd s t 1pulat ions therein c onta iced ac c ord isg t o the true Intent and meaning thereef, in all respects, then this obligation to be veld,, otherwise to be and remain .ju full farce sitd virtue Is law. In the event the said City shall `eatead the time for the completion of said work, such:., eztens.1on shall not in any way release the sureties on this bond. This shall be a construction bead, sand_ the sureties on the same shall not be held rosposs ible for the maintenance and repair of the improvement atterit has been accepted by the second parry, but such sureties shall be held responsible for the faithful compliance with all other conditions, stipulations and requirements 'covered tit or set out is the contract. Witness our hands and seals this 7th.9 day of June 1919. BRUNO DEPEAPE UNITED STATES PIDBL.I2Y .A GUAWTY Cr. BY L. E. BARTER, Atty. In fact. The above bond approved this 17th. , day of Auae 1919. G. A. ELLIOTT HARVBY F . ROS ITSPR , Beard of Public Works. PUBLIC IMPROVEMENT CONTRACT This Agrommmt, Bade and entered into- thin 17th., day of June 1919 by and between H. N. Barnes of the County of St. Joseph and State of Indiana, (here ls-R after referred to so the " Contractor.), and the City of. South Beard, in the county of St.. Joseph, and State of Iadisna, by and through its Board of Public Wdrks(hereisafter referred to as the "..City") , under and by virtu* of as Act of the Geseril Assembly of the State of Indiana, "entitled w. As .Act Concerning Muzicipsl Corporations,* approved March 6,1905, and all amendatory and supplemental sets thereto:" Witaesseth, that the costracto coyenasto sad agrees to construct sidewalk egad grade on Wost side of Michigan Street from O&kside 3rd. Addition to a pout 750 feet south of Chippewa Avenue, is the City of South_ Bead, Ind iris at and for. the following prices: - 39 cu. yds. of grading per cu. yd.................*$*go 7300 eq. ft. of sidewalk (cement) per sq. ft......... 014 78 G 1"s to VIA 1AQ and to perform all w4r-k in the prosecution, of saic prnprovement under aril €coordiq to the terms turd con. aP# 1 tl%tiong of Improvement h's olution l�o. _.' :.-- .-. adopted by the Board of Public `Norka.r.. �,,. {' and the plans, profile and spe ifit:a±ions on file ., *he Office of the Depa:tnent of Public Works, wM! -th 4v4d , fesofution, plans, profit3-and 'specifirabohs are made a part hereof as fully and effectually as if copied and set out herein at full lth:' try contractor fu�#h r e�p cs lw covenants -4 1 ag're" that in the -cttHon of said 'work a?l prootr skill a,;f care ;'1 be e..e•04�cil tl ikte `l x,r'oo ;. d p• , all _e ✓anions acid. dangerous':pees,. h ��yy �J Al 1 iT=1 1p •i�'jj T1Y.^ J.? L t11 AE/ 3t ini4_?•- Y.:�3V p . 7• •F '1. 'T•• Ri�q and , t Je 4.. , due C .. j p per p r -, )-a o or , � T � l .II Pe ')r J rll� +; any injury or da.m�;e r sLi'i; g 3ro 1 t' . _l:ir^•r�av i or r ram, atf.1 �11�rRtt-rS? Ci';: arising therefrom, `0 any, pe'rc..- or property, *re •, ll ga*q� �xi l'� ?l ode �e § :Ixt � � ss Q!x'1! e�;iF �i^�a. .2• � . some the 1iabii ty therefor; and in th? Qfe_zt of ac�y c'3=t'.i cr cl';ixs t± rra slp y aZc'.y<�n +rH a t brought. aga.n.5t the city by reason or On n A) lilt or gx`O•n�iaig c�xt y� S`l , "ter l�. itS CP +: tr+7C.7 ? c .+ contractor will,at his -own expense:defend the same, and =� :1 pay any IuO& eat r covc ^d 'h�rttit� ��1 all respects fully indemnify and sage Harmless said c t,y, its officers; agents or vepresc:n atives from expense, payrnen#.or judgment recovered -in connection with. sti ' claim or clair^7.5, action or a(ticn�, A ' within ten.days after any such action is :begun, the city she:ii notify th': rArtrac*or of to i-^ :. t% :n sny1 lydgrient rev lercd against tl�e city shall he conellrsive against the contractor and against the s ,r ' •i.m,) .nt, liabihoy ; ,nd other :mat#-ers.. pertaining thereto. And the Contractor a',gi'e a #tsfaatr iu sailed ern irJOI +ement at_d i-Imt:e jouch r a�Irs as may he t;e s any the -.�riod,and ity the; manner a.s:fixed b)� the sped cations,, and to secure uie maintenance and repair t r�E3f to fie:woh ele Board of Public Works a=bond with sufficient surety thereon and in an euiount a* fi eddy t�►e spedcatic�ri,: And in doing such repair work the contractor and the surety on his guarantee bond shill be #45JOit tc the sameliahiliiy to'the city. and any other person for any injury or damage to any persm .or, prop= erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering tom.>con struction Worl{. And it is further agreed by and between said parties that the acceptance of the work provided for'ib this contract; or the payment- thiroof, shall not constitute a waiver on the pa`t of the City of any of the prov'is= fonts of this contract, nor Shall it r�lea:>e said. Contractor or the sureties on his bond for the faithful perform - ante thereof i nor Shall the"acceptance be prima facie evidence of the performance of any provision of this ` cont act, exe6pt to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and. materials used or furnished to be used In the making. Qf such lmprovetnent and in the performance of this contract,._v�rliether Aone or furnished for him, or hns.egent, kn4nee, successor or subcontractor ; .and the city may reserve out of any allowance made on -any estimate in favor of the contractor or '; ' assigns, , or out of the- amount. due him or his assigns upon the completion of the work, so mutt. as rn cessary to pay all laborers or material men for amounts due them; for wotk done or materials• used .urnished to be used in the performance of this contract and the dolhg ®f said work, and the County treasure"r, acting as city treasurer, may retain money cofteeted" frost': property owners assessed for said,improvernentto pay such debts or unTil the contractor shows that they have been paid or satisfied , r-mo : nit rtz ; isle, earth, and unined material in the stet. is or sidestherof upon the complet,- �t r".the z7nn7o ,em ::at or the rep?'ring thereof. The work of rrna.King such imp o v ,*tent shall be comnJeted according to th s of this contract on or before the=']#ihr • ------ -• , - -- -day of ----pit'._ �... 1:•... unless the time for rh? corrpietion of the sar,e s'hali be extended ?!writ` by theBoard of Puliltc Works; And :it is agreed: that any si,ch ext..ension of tire, cir ay �lteration'of_ this c, -ract or et the manner or rrteth- od'of doing such :work shall n no way, affect -the duties, obligations or liabilities of the contractor.or his sure- ties It is agreed that fhe c hontras or -hall not assign this contract, or sub -let the work or any part thereof to be done ereunder, witho: t hp Y, _ i; : en co, s:.„t of the!. Board ,f Public Works. It is further agreed a d ipulated that m� contractor shall gi.je to residents of said city and county preferencP::in the errploymt.nt of all labor �:ecessary in the performance of this contract, 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'terms and conditions of this contract, 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 c61 lected and paid to said contractor in the manner fixed by the statute governing the making of such smpro.ue- #nents. To each of the +~ondition ' acid stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specificaf,ons oral resolution aforesaid, the undersigned binds hirnsel€ or -itself, and the 4espective successor .or assignns of such parties, In Testimony Who oaf We the foregoing named p&rties, hereu set our hands tide 17th. day -Of June 1919 HARRY N. BARNES Contractor. CITY 4F SOUTH. BENDS INDIANA. By G:. A ELLIOTT HARiY : F `R03mLSER Its Board of Pub11e Works. coxSaUCTION BOND. Know sll men, by these presentss that rim H. N. Barnes of the C ounty of St. Joseph, State of Indians, as principal am John H. Gibaon Md , T. , C. BA SS of t be Count: y of St Joseph and State of Ind lane so suret lea, =are held and firmly bound to the City of South Bend, iudlana It the sum of Fire hw�r-ed and twenty dine Dollars ($529. DO) for the payment of which, well and, tru1y to be made, we Jointly and, sever#lly bind, ourselves, our heirs,, executors'- admintstralors end assigns, firmly by aba1e presents. t (3 7 The c and it ions- of -the ob 1 igat ion are s U0 h . that if the above named H. N. Barnes shall faithfully•# bplY!With the foregoing- contract, made and entered into the 17th.,. day of June 1919 with the City of South Bend, Indiana* and shall fulfill all the c and it ions and st ipulat iou therein contained* according to the . true intent and meaning 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 s a id City shall extend the time for the c+osmpletion of sad work, such extension shall not in any way release the sureties on this bond. .This shall be a e mstruct ion bond, and the sureties on the same shall not be hold res pons ib le for the as inte ranee and r e pa it of - the improvement after it has been accepted by the second party, but such sureties shall behold responsible for the fa itbf u1 c anpl Ia►ne a -with, all other c and it ions-, s t ipulat ions and requirements.- covered by or set out it the-.c Mtrsct. Witness : our . handa .,and ,seals this 17th. , day of June 1919, HARRY N . BARNES JOIN F. GIBSON T. C. BARNES The above bond approved this 17th. , day of June 1919- G. A. ELLIOTT . HARVEY P .. ROSTISER Board of Pub 1 is Works. AFF IDAV ITS FOR PERS ONA L SURET IES . STATE OF IND IANA SS t. JOSEPH COUNTY I, T. C. Barnes, swear that I oars real estate in St. Joseph County, StiLfe of Ind Tana, -of which I am poase�ased in fee simple of the value of Fitteen Thousand H Altars over a d above MY indebtedness and the exemption allowed me by law, as I believe s o held me God. Subscrlibed and sworn to before me, 3rd . day of June 1919. Sty Commiss ion empires July 209IM. 6TATE OF INDIANA Ss St. JOSEPH COUNTY T. C. BARNES the undersigned Notary Public this VERONICA C. SWEENEY, Notary Public. I. John H. Gibson, swear that I own real estate in St. Joseph COuhty, State of Mdd lma, of Which I am Possessed In fee simple of the valve of Five Thousand ($5, 000. ©0) Dollars over and above my Indebtedness and the exemption allowed me by law, as I be 1 ieve, so help me God. Subsor ibed and -swat to before ma, this Ord. dilly of Juana 19190 My C omm iss ion expires July 20 91922. kOHN F. GUSOH, the Uders igned Notary Pub 1 ie VERONICA `C. SWEEN Y . 'Notary Public 0 76S PUBLIC IMPROVEMENT CONTRACT. THIS AGBEOWT, Made and entered into this 17th.6 day or -,-June 19 9 `by >dnd between Harry N. Barnes of ` the - County of3t. Joseph and State of Ind -Una, Aheretn+after referred to as the ". Contraetorm), and the City of South Band, in the County of; St.: Joseph and State of Indiana; by and through ita Board Of Public Works � here,inafter referred to es L4" the ' City "i. coder and by � rt %f► of a -Ac% of the General Assembly of the: State of Indiana, entitled "Ana Act don- ber funictpai Corporations, " appro4eid lurch 6,1905, and all amendatt y v0 t a I Sete thereto Witneaseth, ` that the contractor eoveusats and agri4t to cohtruct grade, curb and : walk on Stanfield Street from Howard Street to St, Viftcant,.: Street in the City of South Bend', Indiana at and for the folloWisg primes: - 604 tin. Feet of curbing per iio ft...«. ...... .. 633 ° i 4 cu yde. of grad lM per cu. 2985 sq, ft. of sidewalk per sq. ft............ .,15. ._iu to periorm all work, in t1le prpsecution of said improvement under and according to the terms arrci you ditions of Improvement solution No. ._..662 .......... adopted. by the Board of Public WorksApr. ,1919. and the plans, profile and spe ifiWtons on file . i the office of the Department of Public Works, wh+c said resolution, �a.ns� pro4+ ;and specifications' are made a part hereof as fully and efflectually as if copied' -and set out herein at f 0l lei gth. tie contractor further, P- ,,,res-ty covenants are a rc2s th--t in the ,prosecution of said work all prosper skill ai,d care 5:1 b, eerc__,_' tl he :i r: n = _ d p- xmvations and dangerous pfaices, and ;11 use :c tt d+.,e and P'-07Fr a i 2 Ay `7 y person ^a -1 r "y; that in `he eve"v, Cf. any injury or da.ma.�e resulting from th • or rFG- itirg fr^.rr_ n-v mitteror thing conn<cted therewi't or arising therefrom, to any person or property, he °11 n�.y ar t+�:tidate tl e sameat his own expense, ansi<as- sume the liability therefor; and in the event of any. claim or claims being -made or any action or actions 15. ing bro"nght against the -city by reason or. on Iaccount of or growing out of sr.,,d vaor`k or its coristr+Iction lh s?i t contractor will at his own expense defend the same, and will pay any judgment -.recovered therein, and=rill in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all ,cast, expense; payment or judgment recovered in connection with such claim or claims, action or actions A d . f within ten days after any such action is begun, the city shall notify the contractor of the pendency' thert,of, th>>n any. judgment rendered against the city shall be conclusive against the contractor and against the surety c.n bi, construction fora, as to tb amount, liability and other matters pertaining thereto. -And the -cot. rra,_or a.E,rc s of v::1-intaan s :'d tl. -- roll i,i 6..+,1 asTYa y be .. ` ;. the period and in: the mariner as fixgd by the sn�ca c� ,or s, a:ad to sgc"re , _,e niairi c-natace a d repair t ic.re ►1 to file with tie Board .of Public ',,A orks a bone( th su�tc;ent surety thereon and ia. an a mount as rs<ed:by the specifications. And in doing such repair work the contractor and the surety o i -his guara,rtee bond shall be stbiect to the same liabili-v to the city and any other person for any injury or damage to a per�,r.1 or. -prop- erty in the -same manner and to the same extent as is fixed in the last preceding paragraph •coveri'ag the4 -:con- struction wor':. A_rd it is further agreed by and be*weep said parties that the acceptance of the work provided far in. this contract, or the payment th,_-r•eof, shrill not constitute a tvai ver o 1 the part of the city of any of the pr.ovis- iotas of this contract, nor shall it r.aea3c said contractor or the sureties on his bond for the faithful per orvn- ance thereof; nor shall the acceptance be prima facie evidence of the performance er` any provision of: this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the malu:ng of .such improvementandin the performance of this contract, whether done or furnished for him, or his _agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or '• :- assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or material men for amounts due them for w !lrk done or materials usert c; �urnished 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 co'!�fted from property ownc s assessed for said improvement to pay such debts or until the contractor s.."lows that they have been paid ©r satisfied ' e a6 , to rtmo- -, a!l rv',`=si., earth, anal i mmsed material in the strt-,ts or sides fihereof upon the completion of the impro` em-.:-at or the repairing thereof. , The work of makin sn�h irgpr ,vement shall be cornzf eted according to the terms of this contract on or before the %ter day of---------------Sapt } .............. .....,., �.19.: unless the time for the ^om +,nn of the sane s'_iaii be e`_tended in wasting by tyre L�oai7d�of Pub'iic Works. And it is agreed that any.such exten-ion of bare, or any alters ion of this contract or of the manner or meth- 4 of doing such work shall in no way a=iect the duties, obligations or liabilities of the contractor or his sure- _ It is agreed that the contractor ehall not ,_ssign this contract, or s?rb-let the work or any part thereof to be done hereunder, wit.hcwt the wri, .e c:,.-.-.: aC of the Board of P,tblic Worts. ° It is further agreed and s6otti?"'d `n,n contractor shall give to residents of said city and county preference in the employment of all la.! or a,ssary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each faib.tre to observe this stipulation. And upon the performance of all the ter-nis and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cyst of doing such work to be assessed, col- lected and paid to said contractor in the mariner fixed by the statute governing the making of such improve- ments. To each of the conditions and stipulations c�` This contract, including all and singular the provisionss and terms of the plans, profile, specifications and re2olutio_a �foresa a, the undersigned binds himself or itself, and the respective successor or assigrts of such parties. 'In testimony Whereof. We, the foregoing named parties hereunto set our hands this l7th. ;f day of June 1919. HARRY N BARNES CITY OF SOUTH BEND, INDIANA. CONTRACTOR BY G. A. Ems' HARVEY.F. USA Its board of Public'Works. C ONSTRUCT ION B©ND. Knoo all men by these, pres,eute , That we Harry. N• Barnes of the C onnty of St . Joae ph State `of Indiana as pe inc paT, and Chas ; 3uabed issen and T. C. Borneo of the `County of St. ` Joseph" and State- of Ind Is he as3 Surat ies;``are-` hell`' and firmly bound, to the- C 1ty of South Bends Ind Tana, in the sum of FIV&' hvndrid' and nighty to.Il°share ($582.00� for tha ut' which, well ani truly to'be made, we. jointly pd3 P axui severally bind nurse Ives, our he ice, execut4re, sdmfi+s$rators azad s$s i8ns, f i�'m1y by these- presents. „ The c and it ions of the ob 1 igat ion are such that- if the above named Harry N. Barnes shall faithfully a OMply with the foregoing contract, made and entered into the. 17th., day:. of June 1919 with fthe, City of South Bend, Indiana, and shall fulf ill all the c sad it ions and at_ipulat ions therein contained, add Ord ing to, the true intent and meaning thera�of, ''in all respeets, thou this obligation to be yoici, otherwise to be and remain in full force. and 43rtue in law. In the "Out the sa. id City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the surface on the same shall not be held respoins ible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible .for the faithful compliance with all other conditions, stipulations and requirements covered by or set out in the contract. witness our hands and seals this 17t h. , day of June 1919, CHAS SUABEDISSEB HARRY N. BARNES T. C. BARNES.` The above bond approved this 17th. , day of June 1919. G. A. ELLIOTT HARVEY F. RONTISER. Board of Public Mor ks . AFFIDAVIT FOR PERSONAL SURETIES. STATE OF INDIA,NA SS ST. JOSEPH COUNTY L, Chas. Susbedissen swear that I own real estate in St, Joseph County, State of Indiana , of which I am possessed on fee ' saaple of the value of Five Thousand ($5, 000.00) Dollars overand above my indebtedness and the exemption allowed me by law, as I believe, s.o help me trod.. CHAS SUABEDISSEN Subscribed and sworn to before sae, the undersigned Notary Public this 16th.0 day of June 1919. VERONICA C. SWEENEY& Notary Public icy Commission expires July 20,1922. STATE OF !NDiANA ST. JOSEPH COU"r SS I; T. C. Barnes, swear that I own real estate in St. Joseph County, State of Indiana„ of which I am possessed in tee simple of the value O Fifteen Thousand Dollars over and above my indebtedness and the swept ion ' sllow•d me by law, as I believe ; so help me God. T. 0. BARNES Subscribed and sworn to before me, this 16th. , day of June 1919. ley commission expires July 20,1922. the undersigned NotaryPublic Veronioa C. fteeney, Notary Public 770 PUBLIC IMPROVEMENT CONTRACT. This Agreement, Riede' and entered into thlS 17th., da)t: of June. 19�9 by and, between • Harry N.. Barnes of. the County or St: Joseph, and State of Ma#4ana ' (hereinaftsr referred t as the. Contractor }, end tl�e ity' of South Bead, iw'the County of St, Joseph; -and State ' of Indiana, by' and tb' 64h its Board of Public Works, (he'reivafter referred to fs the-* Cityunder and by virtue of .Act of the General Assembly of'_the State of Ind*idaa, entitled " An Act Coneerait die pal Corporat ions, ", approved lurch 6,1905, and all amendatory' and sup mental acts thereto: Wit#esseU that the 6ontractor z►Ananlaand agrees to const uct cement walk.,, on, La Salle Avenue f' Briers meter St*`Vjosiph ;River to Bridge .goer East 8c�e, in the City o3' South Bend,. In�2 �aaa at the fo110sring prices: - 63001q,. ft. of- cement srdewelk per sq. ft.........15 4ad to perform all work in the prosecution of said improvement andtr and awol�dt � " ditfons of Improvement R--solution No. ._, ......... adopted by the Board of PublI@ Worea,�p��. a a��ee and the plain, profile" 2rd spe�ifica*ions on file in the office of cite Department ttt��'�Q ®� ��4bllq WQ_PGA ;b701 � �'0,�f�l"Ult1o•t, plans, profile and specif cations are made apart hereof as fully and �€�le_tt�ally #e out hcrein at full length. 1,e contractor farther expressly covenants arld agrees that In the , rosealil•lon, of Acid v vk #il ,fir pvo-,, - s1 i11 and care , ;sl be ex rci�a , '1 -. he :l rYo*a , qp r l p A Ar g a w11P�vl tiPrlI At?#" } �q 9'�1+,�t1s�l s # ��i 17 M1i .1 t1 Y ];l r. 4' i'!7) + ^y �f%.� �'�? i �r P,�f'- i �/'� F #�!b 2 i1 RT#nt . and 1 use dt-.e FM p over p cw on to nr i a v o t, ate injury or damage resulting from the w^Y oY re rt irg from rn-y �+�t*.er �� thll' e�?CI��Qtad theWl#�i �P arin1bg therefrom, to any pers^-i dr property b, ar+ ii( tidatc tho onma at rdq own expense, Od 44- sitme the liability therefor; and in. the event of any clatri or clainns bong marl& or any izodon or fkalo'n# �-41 brri; ght against the city by reason or on account of or growing out of Old work or 1t& comtructit the #��' contractor will at his own expense defend the same, and viill pay any Judgment recovered there'll, and Wl' l lt) all respect& fully indemnify and save harmless said city, its officers, agents or r wa#entgtiv-2s from all eo#t expense, payment or judgment recovered in connection with such clahn or elai�&� i#otlptl or artjQn§, An€1 a� 'tvtthin ttfl days after any such action is begun, the city shall notify the contr�etor of tt� a psridet ey tit, .it any hidgrntnt endered against the city shall be conclusive against the contmeitor AWagain#t the surcxy c.;t',3,it?ai,k:;{.rt.ction bor,l, as -to tY amount, liability and other matters pertaining thelwetq, And the contractor agrees to maintain said in,i ro n Brit r- r.�a:-.e 5+,ch repairs as mab•e r.ecessa:y the. period and in the manner as fixed by the sn�ci �catiez s, and to secure ,.ie mainter:ance and repair trice o"i to file with the Board of Public Works a bond vith su rcient surety thereon and in an amount as Lced by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sar_,e liability to the city and any other person for any injury or damage to any. pers :•n or prop- erty in the same manner and to the sarne extent as is fixed in the last preceding paragraph covering the con- struction wor' `And it is further agreed by and between said parties that the acceptance of'the work provided for in this contract; or -the payrn - it tl� reef, sb7dl not constitute a waiver on the part of the city of any of the prov-is- ielis of this contract, nor shall it rclea-e said contractor or the sureties on his bond for the faith'ul perbciM- a nee thereof; nor shall the acceptance be prima facie evidence of the periormance of any provision of this contrast, except to the extent of entitling the oontractor to the contract price therefor. 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, successor or subcontractor ; and the city may reserve out of any allowance made on any esti na"te in favor of tize contractor or ' assigns, or out of the amount due him or his assigns upon the Completion of the work, so much as ma- cessary to pay all labore s or material men for amounts due them for p ork done or -materials useu arnished to be used in tie perfor..,ance of this contract and the doing of said w'orK, and the county tee ;.zrer, acti._g as city treasarer, may retain money co'1.-acted from property owl-Ac-s assessed for said improvement to pay sines Jeb,s G7 t__;- .l tltviat they have bccrl z c to remc atl n,,`,: Jn earth, and unr.sed t.,ateria.l in rift; str0_ is or sides 0: i'c .if or) the completlon c the irn. ;ro-2m it or the repa ring thereof. The work of n h improvetnent shall be coni-feted according to the tennis of 6tis contract on m b^fore the----------------- ............................._- ..-------.--day' of--- --------------- .....S ...........- .........., p.•-- y 1 pp... unless the time for the ccs� +lotion of the sz.. e shall b extended in. wr ti:bythe oa.rd of Public Wo l s, And it is agreed that any such ?xte n-ion of t:n,e, or ary aitera`ion of this contract or of the manner or meth- od of doing such work shall in. no v7a.y affect the duties, obligations or liabilities of -the contractor or his sure -- ties, It is agreed that the -contractor sha.11 not ^..ssign this contract, or sub -let the work or any part thereof to be done hereunder, withoot the Y, ri" en-o:_.::. of the Board of Public Works. It is further agreed ar.d grin +. =ar contractor sh:w'l give to residents of said city and country preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the surn of ten dollars for each faill.ire to observe this stipulation. And upon the performance of all the terns and conditions of this contract, and things to be done and performed by said contractor the said. city agrees to cause the cost cf doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- vaents. To each of the conditions and stipulat ens h`.s c_— tract, including all and singular the provisions and terms of the plans, profile, specifications and recolutio_i of _esa_d, the undersigned, binds himself or itsr,lf, sari t io respective successor or assigns of s _:ch i; -l-v as. In Testimony Whereof,, lie, the foregoing named parties, hereunto set our hands this 17th,, day of June 4919 CITY OF SOUTH BEND INDIANA BY G. A. ELLIOTT HARVEY P. ROSTISBR Its board of Public Works* AMY N . BARNES Contractor. CONSTRUCTION BOND. Know all men by these presents, That we Harry N. Barnes of the County of St. Joseph, Stateof of Indiana, as pr inc ipai and Chas. Suabedissen and T. C. Barnes of the County of St. Joseh, and' State of Indiana as -sureties, •are -held anal -firmly bound to the City of South Bend; Indiana 4n the sum of Four Hundred and seventy three Dollars � ($473.00) for the payment of which., well and truly tobe made, ..we jointly and severally. bind :ourselves, ou# heirs,, executors, administrators and assigns, firmly by these .presents. The cond it ions of, -the obligation:_.ar-e such that if . ,the above . named - Har.ry N. Barnes shall faithfully comply with the foregoing contrast, made and entered into the 17th. , day of June 1919 with the City of South Bond, Indiana, and shall fulfill all the c and it ions and st ipulat ions tbere in contalned # according " the -true intent and meaning thereof, In All respects, then this oblIgat ion to be v , otberw se to ,be and remain in full force::and virtue -.in law. In the event the. said Litt: shall extend the t1me-for the complet iow of said work, such extension shall not in any way release the sureties on this bond. This shall be.a construction bond, and the sureties on the some shall nat be -hold responsible , t6 -tie 'ma intenAncs . and repair od the improvement after it has been accepted by the secdnd °patty; 'but much sureties shall be held responsible for the faithful compliance With all other c cnd it ions, st ipul at ions and requirements covered by or net out in the contract. Witness our heads and seals this; 17th., day of June 1919. Chas. Suabodiessen Larry Af Barnes T. C. Barnes. The above bond approved this 17th.0 day of June 1919. G. A. BLLIOTT HARVEY F. ROSTISER. Board of Public Works. PWIDAVITS FOR PERSONAL SURETIES. STATE OF INDIANA SS ST. JOSEPH COtMTY I, Chas Suabedissen, swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in fee simple, of the value of Five Thousand ($5,000.00) Dollars over and above my indebtedness and the exemption allowed me by law, as I believe , so _help me God. Chas Suabediss*n. Subscribed and sworn to before me the undersigned Noter y Public this l6th., day of June 1919. Veronica C Sweeney,. Notary. Public My CommIss ion *mp ices July 20,1922. STATE OF INNEM SS ST. JOSEPH COUNTY` I, T. C. Barnes, swear that I own real estate in St. Joseph County, State of Indiana, of which I am possessed in fee simple of the value of Fifteen Thousand Dollars over and above my indebtedness, and the exemption allowed me by law, as I believe, so help me God. T . C. BAB'lM Subscribed and sworn to before me; the undersigned Notary Public this 16th., day of Jude 1919. Witness ffiy hand and off ieal seal . Veronica C. S*eeney, Commiss Son expires July 20,1922. Notary Public 772 PUBLIC DIPROVEIXNT.CONTRACT. This Agreement, Mree _and uttered Into : V is z Ith.-* day of June1919 by andbetween Harry N+ , Barnes of ,the County of St. -Jaeop , Bute of .Indians -. _ . (here imafter. refe rred .to.,as .;the " Contractor'), and the City tl fiend, Is the, -County of St. Joseph, and State of Indiana,-by.;sad, through � srd of Public Works,(hereinafter referred to ," the ". City% under a --by' vlra ten: Act of the General Assembly of � the State of Ind cans, ent is ed ..e, An Act Runic ipal Corporat ions, " approved march 6,,1905, .and all amendatory -and*x mmental gets theroto: witnesseth. that the dontractor covenants am is c< tract gr grade curb and walk on -St. ,Vincent Street from Riles ;n , AR. 11ne `ai -karur Heights Add it ion, in the City of South Bend, Ind Tana at Or *,hie .'nllvwl prices: 1052 l in. feet of curb, per l in ft ............... $. 33 ° 947 cu yde. of grading per cu. yd.............. .80 5334 sq. ft. of sidewalk per sq. ft.............. .15 :Lou to periorra all wary i, ne ;_,roseclzti.on o" said improvement under aind acc%prdiag to the terms airu evn- daions -of Improvement R,-:sol,ttion Zvo.....bj)............... adopted by the Board of Public WorksApS.I.J...3,5_ 1919 and tlhe pla,nF, prof';.'_e a^d sp-cifica.+;ons on file : , tl'e office of tl;= Depa= tmc-it of Public Works, vrh.+ch sal resc+jticn, p0"ns, * rOfi.l.e a.r specifications are made a part hereof as fully and e"ectually as if copied and set out herein at fell le—v th. contractor further exprtisly covenants and agrees thst in the prosecution of said work all proper st 11 1..;-•,1 Care. bs tr t he a.11 excava :ons and dangerous places, end VSC a i C�;! 2 d �' ^7P,r pr tii� F t or ' inir "V t } ^ry person nr p7 -ty Oat 1 1 ^.'' eJ nt tf any injury or d�_,rn.n ,�e r Sulu-g fr; Il tlj,: o S".1" J from a^y or thing f.,.T tAd thlere��'911For arising then -from, to a.ny perar i or property, he lv ll Fay am-; 1 r .,idate the sane at his own expense. and:a7s- stir e the liability therefor; and in the event of any cla�171 or claims being made or any action or actions arc ?ght against the city by reason or on a.ecount of or gro�.viilg out of s�.id work or its con tr,.+ction, f s^ •-i contractor will at his oven expense defend the same, and v^ill pay any judgment recovered therein, and vvi`' in 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. Andf e=. it',in ten days after any such action is begun, the city shall notify the contractor of toe per-itncy then-^f, t'n n rLny jv.dgment rendered against the city shall be conclusive against the contractor and against the sure - b t, 111.",biiiry an: oth er '":tatters pertaining thereto. Aa d tl'<=, crt.crL<_ar akrL: . to _... _ in S ;.4 jT '. ._ u T=iar. I1 I-epai.rs as inay I 3.. the period and in the Mawncr as fi tic'_`t Ly the 8n C'`'. :C•nS, acid to secure ..ie maintenance and repair tt3 .'.t to file with t'.re Board of Public Works a bond i ;th su,!^cient surety thereo_, and in an amount as n:ted by Specifications. And in doing such repair work 'he contractor and the surety on his guarantee bard shall be :Subject to the same liability to the city and any oii_er person for any injury or damage to any pers :i or,prop- -rty in the same manner -and to the care extent as is fixed in the last preceding paragraph covering the,eon- struction work. ° And it is .further agreed by and between said parties that the acceptance of the work provided for in,tbis contract, or the payment thereof, sh all not constitute a waiver on tr e part of the city of any of the prbvis- ions of this contract, nor shall it release said contractor or the sureties on his bond for the fa.tli'xul per form. - &rice thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thiv contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the maki+ag of such improvement and in the performance of this -contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city. Y.-ay reserve out of any allowance made on any estimate in favor of the contractor or I— assigns, or out of the amount due him or his se3igns upon the completion .of the work, so much as ma: cessary to pay all laborers or material men for amounts due them for worlc done or materials used .r :urnianed to be used in the performance of this contract and the,doing of said work, and the county treasurer, acting as city t. er_s may retain rioney co'l--:-ted from property owners assessed for s^.id ir~�._^�e_ ` *o p..v a '.`_ -_, _..:r,'- 71, 3 that they have b(3,.n .{,i'. - t-;; - t�, and 2 _ L..-. _..,f_ 1'. t�._% :�t_t _{s `-.: ply i'.. . f"Z it i4• ti r,_ . g 4' , 16- iPlor of fro'N'i?g'g FR`A'lvnt r � Merit ei; l> be "a. �f <'lCoe•`T7". ' t.�l tii`y te;'�'tS of tlA C�. frakft i„! c: , &r4ore {he:.._. ....... ........ ..„ - - v of. ------ l� j ,�''�j� ��_ G'd �b��'i#;ItEtbB�---�'9�9'� a lY:,.� ur:egg the time °for ;ht rt+�^;�?<`'a y�f.rb? sc. ail bv-.-terded V."r t:'� by thn Board of Pual.c Wo s, ; d it 9' 4'& i13 a�iy K 1^h .'`:��=:�20'' } 1't'.`1�z, Or 9 v Ater. ;o of t''_-s cc -tract or of tht nvu-t1ur Or Yil t11' od of doing Nueh VV�'k sfisll iil'r4t� way atr t tli" �iYtY S, Obl.eatio O.' li2Cril�t. of tl:%.cont;ACtf?T or his $uYe^ tier: -It to agreed that the contractor Phgll not -nssign this _co ,trait or sob -let the vrork or any part thereof to he done heretinder, wit:hoot the tin n - o-, : -of the Hoard of Pulblic Worlcs. It i9 further agreed and dtipula:,.d tn.a,t -: contractor shall gi ,e to residents of said city and county preference in the employrnvnt of all labor necessary in the performance of this contract, and failing to do so, 'hy-ll forfeit to the City the sum of ter. dollars fc-� each fail,zre to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be dome and urfuvm. ad �y said Contractor the said city agrees to cause the cost of doing such work to be assessed, Got- leeted and paid to said contractor it the manner fixed by the statute governing the making of such improve - To each of the , nd t:ru,atic: 5 P Y -tract, including all and singular the provisions and, of the plans, prof,le, s lci4catio s ara re tl�� undersigned inds k,ir:1$elf or its - fr peative auec0s —z, ssi r.•.s Cf s _ ': p v 3. • 7e ) CONSTRUCTION BOND Know all men by these presents, that I harry N. Baanee of the County of St. Joseph, and State of Indiana and Chas. Suabedissen and T. C. Barges of the County of St. Joseph. `and' State' of Indianets as 'suretiea', are held and `firmly bound to the City of South Bend, Inca iaba, An `the sum. ©_f Eight hundred and fifty two .($852. 00) Dollars for the payment' of which,} well :and 'truly to be made 1, we" jointly and severally" bind ourselves, our heirs, executors, administrators and assigns, rirmly by these presents. The conditions of the obligation are such that if the above 1named Harry N. Barnes shall faithfully comply with the foregoing contract, made and entered into the 17th. , day of June 1919 with the City of South Bend; Indiana. — and shall fulfill all the c and it ions and st ipulat ions thereon contained, according to the true intent and meaningi 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 extend the time for the completion of said work, such eaten ion shall not in any way release the sureties on this bond.. 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 alter it has been accepted by� the -second party, but ouch sureties shall be responsible for the faithful compliance with all, other conditions, stipulations and requirements covered by or set out In the. contract: Witness ourandnds and seals this 17th., day,of June 1919. HARRY N. BARNES CHAS. SUABEDISSEN T. C . - BARD. The above bond approved this 17th., day of June 1919, G. A. ELLIOTT HARVEY F. ROSTISER Board of Public Works. AFFIDAVITS FOR PERSONAL SURETIES. S TATE OF IND IANA ST. JOSEPH COUNTY I, Chas. Suabedi.ssen, swear that I own real estate in St. Joseph County, State of Indians, of which I am possessed In fee simple of the vA ue of Five Thousand Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. CHAS SIMBEDISSEN el Suber abed and sworn to before me the uundersigned Notary Publio thi s 16th. , day' of June 1919. Veronica C. Sweeney, Day Commission expires July 20,1922. Notary Public STATE OF INDIANA. ST. JOSEPH COUNTY SS I , T. C. Barnes swear that I own real estate In St. Joseph County, State of Indians, of which I am possessed in fee simple of the value of Fifteen Thousand Dollars over and above my indebtednesw and the exemption allowed me by *a*, as I believe so help me God. T. C. BARNES Subscribed and sworn to before me the undersigned Notary Public this 16th.9 day of June 1919. Witness my hand and off icsl seal. MY C oM miss ione expires July 2Q,1922. Veronica C. Sweeney, Notary Public PUBLIC D&ROVOM --b-OMACT, This Agr4ment_. Made. and entered into this Ord. day of Ithe I019 by and between The Wasteft'Gimustruction company _of ,,the'e unty of o St. Jo**p14"! and State. of Indisna,.(herolnefter referred to as the Contractor"), and the Z - .; Ity of South Bond., Udtbe County of St. Jowkphs, and State ff Indians, by and th"V1h Its Board of Public Works. (hereln&fter,"-ferrod to as the * City'), under -abd by virtue o# an. Act , of the General Assembly of .the State of Indiana, ent It led W An Act Concerning Municipal Corporations, approved Jkrch 6919050, aW all szond4tory and supplemental act* th*roto:- Wltnossathj - that the contractor covenants and agrees to cona>iruct asphaltic, concrete pavement on Maln,Stteet from Broadway to Indiana Avenue", iw the City. of South Bond, Ind ianay.; at: and for! tho following prices: 340 lin. feet of curb per lin ft, 1133 cu. yde.,of.grad ing per cu.. 985 Storm grates# each......... Conduit pipe, per lin ft., .... I ...... 06000#000000000 180 4 In -lots to,.berosot, each.os00000*##***'O000000****2*00 66,ft. of marginal curb,, per lin ft ............... .20 1 manhole to be reset, each .......................2.00 '.3400 sq. yds. of Triirldad Lake Asphalt for as haltic concrete pavement,per sq. yd.02,28 Wyerrf'ofm 111 work, inil- pro:wc"°tion n. sai-I improveza-ent i�­,W\, vAj, 4ftfong of V '39 12-19 wonktion, No. __6_ —, adopted by the Bfoard int Fu-mit 'worv-s" NOOMA and the p1mm?, rofile 01-4 on file the office of the Depw-trnernt-of PORC Works, WWtoil reso".041, Pbfm, proffli and spzrifications are rnpd-t a part here -of as fully and effectually to -it toplid And got Ottt herein at full 1-ngth, `ko contractor further e7pres4\� y covenants zrd aFT!!s tb-t in the prosecution of said work all proptr - - "I -- - , skill and e:!!ercsf_tl, he ­1 r ;:-- il., ,, ,dingtrous plaots and vi,,ht U44 ft"It dkle reed pr­-.�11;;ya nr.-v-,lt ':­t-.-v s-1 -iry person nr tltt in *IM tvqnt,�l Jr, from Vne or from ­-Y rr".tf-11 thltrtvvilt or wil Injilry ar result, 9 r or tilin T)a ar sinq theref-rom, to FLiy perr--i or proper`y, � - Y ar-i ' lic idate tht s;,—ne at �,s own eXrntlse, fmd'bs. stinia tree H&Wlity therefor; and in the eve7,t of any i or cla;ins being rmie or any action or ais tllons b-4ti bro4liglit against the city by reason or on -af-count of or growing out of e-d r?nrk or its corptniction, dkr pil contractor will at his own expense defend the same, and wfll pay any judgment recovered therein, and wfltt, in All reapects fully indemnify and save harmless said city, its officers,, agents or reoresentatives from all cost v,:;qp,')ru1G, payment or judgment recovered in connection with sucl-i claim or claims, action or actions, Xtd- ? ayi after any such action is begun, the city shall notify the contractor of tir,, p,!nA?=y ther:-4, _iy ji,11! -kc-it 1�:­Aercd against the city shall be conchisive against the contractor and against tho surell, li —A J "li +tother matters pertaining thereto, jo Zic_­! su.--h rc:pairs a%,, -Lja .,=y -re c - a�, id to sec-� _ie nua aace and r r thcr-Qt Lj t'.c n '0-4- tia rA of PUI- lie Woyks a bond t!, suMnic-nt surety thereon and ir, an amount V4 fk--t d ' theiY And in doiiig such r.-p;,;r wo.-k "he contrPctor and the surety on hia guaraqtee bovd 81-c-AA I I *- -1 or WN UpJact to the GaLle liabili�y to the city and airy ot, her i3r any injury or dainage to any per P= ,rty in the same manner and to the sarue extent as is fixed in the last preceding paragraph covering the em= Work, And it is further agreed by and bttv,.-c-_n said -arties that the ar_^eptance of the work providod for in thin cositrect, or the payt-tc-It thzrcof, Shall -not constitute a waiver on the ps,rt of the City of any -o,( tiro pi ovld' blip of thin contract, nor shall it r,:Icase said co-t,.-actor or the suretIcL, on his Mond for tha falthIftAi imi- ,nlI uiii:A thcreof i nor shall the acceptance be pri= facie evidence of the partorniance of any provision of thi§ egAltmet, except to the extent of entitling the co -,-tractor to the contract pi -ice therefor, The contractor agrees to pay for ail labor and materials v._--cd or furnished to be used in the rnaking of guy h improvem.-rt and in the performance of this contract, whether done or furnished for him, or his urvmt,, AW,Rlwe, successor or subcontractor; and the city rnay reserve out of any allOwUlCu r-nade on any en'llriate vA Gwr of tiie contractor or -issigns, or out of the amount due him or his assigns upc-i the connplutlou, Qf the ,,turf;, so arch as mc. zessary to pay all labor--;s cr rnatrl i ri2n for aniourits due twinfl fi­-t r t, r r'%tev als usec4 urnish,�d to be used ill the of thin COiitlpxt ani &I d:"wing of ,V_iO 'woj�lg, and th" cour-,"., actIlig --,E c; ret�,,';q r:n�!y c1t, from Prof vft'� t 'Y f IT F Col. Vie it or fl­rc, the work of s-,i-li rip- -v, %ment shn.'l !I'-, acc� e the .......... Ant , t -- .. ........... 17-tbw . ......................... ................. iNb.*r._l9l9*_ 19 ey'erried in by flh-� Poprd of Ptiblic Vforl-s, Sal, -x tse the timp foT� -he 'd it is agreed 11b-'t F71Y su,h of t-*r ary a+-erP';o- of +�-.;s cortract or o "' the inanncr or iij-h., od of doing such work shpill .r, no a-F;­ h2" s, obiipticor liabilities of the conttactor or his surc­ ties, It is agreed that the contra-!-nf --trail not -.ssi��-n this cc -:tract, c sub -let the vork or any part thereof to 'bc; done heremideir, %vii+,�,wt th:- Of fll� B area of pill -A: c Works. It is further agreed a cA.ip1,Ca­A1 117.:t shallm give'to residents of said city and coumty �mference in the nt of P.fl !at -.or -y ance of this con- tract, and failing_ to do so, I sai n the perforill shall forfeit to the city ithe surn oil ten dollars fo,1. each fnlillire to observe this stipulation, And ul;iqn the performance of all the terms and conditions -of this contract, and things to be don- and .-Au- by, said contractor the said city agn,es to care the. cost c1 doing such work to be assnssedl', Col- podd tc s: "Id, contrar,-,tox- in tf.-.e E�,.ed by the statute governing the malting of such improve.. '1 of th-U cc4 - -r—­ct, inc!,,:Jing all and sing lar the provisions are, of t vlf,.ns, pr.LAF el ­7 - lri­:ltir?-�vl himself or itf,, -3, 77r ) J IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our brands this 3rd . day of June 1919. The Western Construction Company, :Fred Rankert, Pros. Contractor. CONSTRUCTION BOND. Knew all men by these presents, that we The Western Constructio n C cmmpany of the CIP y of '3t. Joseph, State ,-of Ind Tana,, and The 'Aetna Casualty & Surety Company,' dt Hartford ,' C onnec t lb-ut, Jifit%eas sureties , are held andf irraly bound. to -the 'City of South Bend, Indiana., in the sum of Four Thousand Three hundred and eighty two ($4,382.00) Dollars for the payment of whibh., well and truly to be made, we Jointly and severally bind ourselves, our heirs, executors, administrators and ester 1gps, firmly by these presents. The 'e 4vWfVicia's' `elf tlie° 'ob'1'igdt ion are, such: that if the above named The Western dois' i iieVioii Coispamy shall faithfully comply,with the foregoing contract, made and enVe; ed° 'in't°o the 3rd day of June -1919 with the City of South Bend, Indiana, and° shall fUlt"ill° Or the a and it ions and st ipAat ions' there fn , c onta fined, according to the true° °intent and meaning° thereof, in all respects, then this obligation to be void, otherwise Vo 'be and remain in full force and virtue in law. In. the event the s a Id City she 171 *XV*v °'the' Vim, for, the c omplet ion of said work, such extension bh&ll not in any way release the sureties on this bond. . .'Phis i ll• be, & construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after It has bew ! accepted by the second party, but such sureties shall be held responsible for the faithful compliance withall other a and it ions, st ipu lat ions and requirements,, covered by or set out in the contract. Witness our Winds and seals this 3rd. day of June 1919 THE WESTERN CONSTRUCTION COMPANY Fred Rankert, Pros, THE AETNA CASUALTY & SURETY COMPANY BY WILLIAM E. GELTZ Attorney in fact. Attest:- Frank H. Dunnahod, Attorney in fact. The above bond approved this lath., day of June 1919. G. A. ELLIOTT HARVEY F . ROS IT ISER Board of Public Works. Z U 7 PUBLIC IllPROVEMNT CONTRACT. ..: This, Agreement made, and entered into this 9th., .day of Jung 1919 by and between The White 'Construction Company o f the C�aua�ty off' Iii�l u�e;� ;State of Wieconsla,(hereinafter referred to as the ' Contractor�'y, and the CiVQ cif "159uth Hemd in the County of St. Joseph and State of Indiana, by and through :tit Board of Publ c Works,(her*Inafter referrod to as the " City"), under and by. 41rtna t k an Act of the General Assembly of the State of Indiana$ entitled " An, o4b 61 s- ing Municipal Corporations,. approved Larch 69190% and all inondatory and ►ppl*- mental act Theroto Wltnasseth, that the controotor, cove -ants and agrees to construbt Sheet asphalt Pavement Qn Studebaker Strut- from Linden Avenue to La Porte; Avenue under Improvement Re so ution No. 652 in_ the City of South $endo Indiana,; at °=W- d for the .following price: curbing per l in ft................'.. 13 3 cu. yds. of grading per eu. yd............. .%Q 6 storm water grates, each............ .. ,-, , ... J.i'i.OQ 154 11n. .feetof manholes, .per ft... . ............ .80 rosett..ia a inlets, each . ..... . ........ . ..... . . . 3. OQ. 158 tin, feet of marginal curb per 11n fly...... .30 resetting 5 manhaless, each . . ........... . ...., .... 3, 0Q 4615 aq, ydrs pf Triaaldad Lake Sheet asphalt, per eq. yd................... 2.6a s. t,. W puflot s a"! WOTL : its ?'.'Ie F' roseci3t1oT: of said .. r" di.titmf of trip 63v am? R#�sol-tfion No. adRpred by the Board C4 Fu l,� 3�yH+ rlhtir, pfof fe -rd f1,pC tfiraflors on foe tttP office of tl Depa t .=t of 1`'uhlW Wprh�, V' MA re,0410t11" r l'kr+_ , proAl t and specifications are mad-! a p- :•t hereof as fully and effcctualiy 4,4 if 'w-10 -rd. §ret out leer<�fn at frill la th. contractor further e p7 s&ly covenants r�na aar``'s tbnt to the Tsro,fcu*1gn of avid work all p �1 ii1 71'I nark ,:'4l bfl e; me ; *14h wid ' d ttgc r.".. tl1+a d.11rP�Rr n -.. .�. 3 i * ^or ✓`.. * 1^ ='.'y t1 A' y pCi, *i :9j" l a,y irta ; that in tho et#tat 0 or f1.Yi"�� r`ya<:1`ii'g rr •m t`_ z✓ter 7 r. 31 ^o f,nnl y met*!' or11it1 P�tlf3aflt6i;"1 arl in h'r fifjrtf., to any perk' i or property, he -.:sl nay e* >>r` Jdat8 tho an'lle at hN own npiimp-, aT!�-0, 0111f.d 'ne liability tiler„for; ar_d in the event of any ctairn or claims be;ng made or any Action or ar-Alo q hoin the city by reason or on accoui,t of or growing out of ammo or its construction, dhe. 4,0 L ntr4ot€ir will at his o,,vn expense defend the same, and will pay any judgment recovered therein, and Will -in 011 f tpeets fully indemrify and save harmless said city, its officers; agents or representatives -room all PoIRtt ;.;t; 0, V�u rr.ant or judgment recovered in connection with such claim,or claims, ACtiOn Or %Ctippfo, An if 7 tat? Ill }s after n.ny sack action is begun, the city shall. notify the contractor of the pentUvncy thgr-of, i r_ - Lnst the city shah be ccnclusi :�e against the contract©r and againot the y , Y g 't th !4.M. "I bi/ an:' other 7a1t' -;rs Pertaining thereto, �7 yr� >- - e ?. tt? Si:C«ti -. .t�i-3'c"i% ��, .`�.,)alir ti3 S1FG 2T%T tFF tale R�oNPO o dac . ' '� i^_ l S �.s? 3iu � y F i l i. 3 44 t in an Arlount b i ,bylth6o pccaficatt n$. r+d s.a dosst sue .. .o is *he co, =- ctor and the surety € n hi,, guarantee bond ,, u igP-c# to the Qar.. 13abii'1y to trs ,, - i a y pl-tier p�_son tor any injury or dam4ge to my or prz�p" rt y ;�} tk �a:xic 13tar r� er a.ad to the :+ame extent _ ; is fixed in the last preceding pa-ragrapit €overing th �_ fav' ctior� W9 i;, And it is further agreed b and b tT -;-,n said p: rbe that.ti � � L Y s t.,e acceptance of the work provided far i- t _i C) lt��Gt, r tfjc P yt �;..t tl°Fer<? �C, jl Il r1ot cons`itute a waver o. L"e art Cif tl:e C ty r��t1�3 7f ti i F� fie pi l- f}�r0 Of t4ia contract, nor shall t r0ca�e said contractor or the sureties on his bond fc;r the f, 6t _111 pc_} om� Alma thereof; riot" shall the accctptance be prima facie evidence of the perforrnaiacc of any provision of thf§ �pn rdct+ ex"Pt to the cxtcnt of entitlirg the contractor to the contract price therefor, The contractor a,greea to pay for all labor and materials u cd or furnished to be used in tho t uPhlg of Much improvemctit and in the performaince of this contra t, whether done or furnished for hire, or his affect, Us ffres+ aucecewr or subcontractor; and the city r.ay reserve out of ar.y aPow,rice ria,de on arty cot! ME@ to f&1 r �1 t"il� contractor @r 1-.- naMgns, or out of the -mount due rim or his assigns upon the comple`lo of the work, so much as ma; cessar to '1 l y pa a_ leer a � r i a� a+ ,l r ; gin for is due th m alloii:`t r i � #' nr t' -1tc iais uscci gar^ yh d to be used i t rr L + d ' vmd tho l'pur a tr-'abur(: , act1`�i 3 :} - �d 9p of l5 C: i F*� l tl E 1al f c _ y c . ,1 frma picgiofv/ 1" 7 7 nil C 0- Ct vrork of I, -,Jl 1­_ of September ... 1919o... - ----------------- --- ----- --------- --s-ep 17th ---------- - ---------- I Q - d of Public VV­!S, �s the 14rre�for cor-�nic­4�n f !.I ie Boa,. if SR, _7 - I -I ,j- t (, �-:7 --; c, er or rn��tl I d it is ap - -11 ) L . Jri - _; �,- -- act or th -,n gre,-d 'b��t �u­y S�!-! O�, -,v od of doing such work no b a t fhe o b 1; oi of th coirltl:?Ctor or his s-are - It is agreed th'at the cont-rocto-r -1o.11) +-t s S;,1--"n 11h:s,co r thork or any part thereof to Pi!!, W be. (!one h��reiinder, W�tbi&;'t th-�� c ar. k s. jj C It is'further agreed a:-,,! 0,1)­,'ra7,4or p ic to residcnts of said city and county f-y in; L er o_ i�- _e ct, and failing to do so; referenc�Z in the e-mploytr­it of `Ot 1,-' , h c 1) f of this con —a .isf lnfmFil�i�ctrve this stipulation. sha1. forfettothe- city thsum of tuoi-o!h - _fInd upon the perforrnavc� of.ajil the t�--rrns and conditions of 'his contract, and things to be done and cal —, :,g, such work, to be assess2(i, 'Col- J)-L'�rL-�­cd by said �con-La7acror 'the �;aid city at-r__e the cost I d)!- _�te govcining the makilifg; of � such improve - and paid to s, `d contracto.,c,�n,the man-ler fi "D y the si -�-t of thz ct, i - -all and singular the provisions ard himself or its" ,, prl�f S, IN TESTIMONY WHEREOF, Wet the foregoluo named parties, hereunto met Our hands this 9th., day Of Juno-1919. THE Wr= .'CONSTRUCTION COMPANY A W. WHITE VICE PREST. CITY OF SOUTH BENDo-INDIANA- contractor. BY G. A- ELLIOTT HARVEY F. ROSTISER6 Ito Board of Public Works, CONSTRUCTION BOND. Know all -man by then* presents, That we The White Construction I Company of the County of Milwaukee, State Of Wisconsin, and Maryland Casualty COMPSUY of Baltlmor*G Md. (& corporations) as surot$ are hold and I firmly bound to theCity of South Bonds Indianao. 11 the sum Of Six Thousand Six hundred and forty four ( $6.644.00) for the payment of which, well and truly to be made, we #oIntly and severally bind ourselves, our heirs, executors, administrator � and assigns, f irmly by-: these presents* The condition of the obligation are such that if the above bound The White Construction Company shall faithfully comply with the foregoing contracts made and entered into the 9th., day of June 1919 with ,the City of South Bend, Indiana. and shall fulfill all the conditions and stipulations therein contained according to the true intent and meaning thereofs in all respects then this obligation to be void otherwise to be and remain in full force and virtu* In 16W. In the event the `said City shall - extend the time for the completion of said work, such exte=101 shall not in any way rolias* the sureties on this bond. This shall be a construct -ion 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 second party, but such sureties shall be hold rospons ible for the faithful compliance with all other conditions, ,g.tipulations and requirement* cove -red by or not out in the contract. E. F. Ralkoyt W. E. Weasel THE WHITE CONSTRUCTION CCUPANY A. W. WHITE Via* Pr*st. MARYLAND CASUALTY COMPANY ELFRED A. MILLER Attorney in fact. The above bobA approved this 17th., day of JiMP 1919- G. A. ELLIOTT HARVEY F. ROSTISER Board of Public Works. 1 7S 'The C i 6jt Engineer submitted the list of property owner# in the matter of an appropr iat ins, of certain property under Condemnation Resolution. No. 52 as shown on Page 493 of this record No. 7for the Opening of Huron Street from Alley west of Harris Street to alley east of Kosc iussko Street, in the City of South Bond, Indiana, which list Includes VIM names of the sensors and holders of property and of interests sought to . be taken or beneficially or Injuriously affected, and the description of the several places of property which is affected by said appropr iat ion proceedings. Thereupon the Board proceeded to sward the damages sustained and to assess the benefits accruing to each plea* *f property upon said list. It was thereupon, upon motion duly made and seconded and unanimously adopted, resolved that said list, together with the amounts of bene- fits and A ages .and theb-enef lts -. .and net ,damages therein se3r fortil as the several parcels of land be adopted and that the respective amount of bonerity contained A In said list(there being hones) be and are hereby assessed a►gaiast the several tracas r land was-speeifieaF.11- sot forth in so-ld list, that:, tbe,-r+sPoe tIV* .. ataa t . s;�hof 'damages : (there belxg:.none3 conta, ad: in the said list be and: are here by awarded to the several tracts of laad� as spec if leat.1y set forth -in said list, 4d that not benef its or net damages, as the cases may be as to the respective tracts of land, contained In said lint are hereby awarded or assessed, as the case may be as to the said several tracts of land. The Board hereby further sets off the benefits and damages each against the other where both. benef ifs and damages are assessed., against the same piece of property, tract of land or interests , and hereby fixes the said respective net laonefits as the amunt that shall be paid by the respective owners as benefits, and further hereby fixes the respective net damages as to the several tracts as the amount that shall be paid to the owners of the respective tract as damages. Thereupon, upon motion duly made and seconded and unanimously adapted the 12 day of > t�� ��r -Y 1919 at 7:15 p,M. was f #uad as the day on which :this Board will receive or hear remonstrances from persons with regard to the amount of their respe etive awards or assessments, and the clerk of this Berard was instructed to prepare and cause to be duly and legally g1ve, noticoo .to the. owners of each parcel of property, showing the amount of the sstassment or awards, with a description of the property affected, and the date, of, said hear ing. The City Engineer filed the f ollewiag estimated costs. an improvements, ° Paveownt ea Birner Street from Allen Street to Blaine Avenue at .a*4,$2,.526.00 e Pavement an Linden Avenue from Walnut Street to Anthony Street at...455,718.00 Pipe sower on St. Louis Street and Corby Street at..$ Complaint about pole in way of drive at 505 Lincoln Way West The Board order pole and wire inspector to report, Pole and Wire inspector filed the' following report. this polo to be reset is the north property line. 79 T-'cllewing claims were ,approvedby the. Board. St eat and Alley Depti payroll.... ....$ 48.00 Street and alley Dept: payroll.... ......:_.. L532.34 -Miscellaneous Djpt. payroll, ... 12.50 Street Repaiac ............................... 185.85 Garbage Dept. ................. ,.,:..,.., 426.00 CityBall ..........:.................. 125.00 Salaries Dept... .......... 41.66 _ Cemetery ;Dept. .............. ................8 228.80 Building Dept.,................•.......... 244.16 Engineering Dept. , ... , 352.50 . Edward F. Keller ................... ........ 193#29. Wm. Maur or & C a ..................... ........... 275,00 Total .............. $3f665.10