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HomeMy WebLinkAbout09/09/1920 Board of Public Works Special Meeting Minutes_ems J irzadm-�r '.�''wrt,�mi�sm Ot.i� 'l�7t1 , i 7W f Board met in, special session at 9: 00 A.M. All members present. This being the special meeting ad'jcurned from -September Ist. ,'1920 to consider the awarding of the contract on Walnut Street pavement from Sample Street to -Indiana Avenue, wider Improvement Resolution No. '803 ° Attorney A.. Wolfe ,represent ing Sanders' & Egbertt, property owners, en ,Walnut Street appeared with 'Harry Sanders of Sanders Egbert Cd. and Attorney Wolfe filed with the: Board a written petition for. proposed sput tracks a cross Walnut Street and that paving of Walnut Street be postponed uhtit;propss°ed spur track across Walnut Street and, the making of the connection t'here'ef with: said Ind: Tana Northern *a ilway Company. John F. ,De' Haven stated his pos ition, is as follows: That pavement should not be built until all rdilroad sidetacks or _.swititches contemplated to cross said st eet should be designated and if possible be installed before work of paving street is, begun. Pet it ion f il-ed 1py Att or racy A. Wolfe for Sanders. & Egbert Co. this 9th. flay of. September 1920 was,,then ever -ruled by.H. F.-_Res-tiser .axed G. A. Elliott John F.. De Haven., deal inixg to vete to ever -rule said, petition. Contract for pavement of Walnut Street from Sample Street to North line of Indiana Avenue was then awarded to the Williston Construction ud ing Trinidad Y' turaal Lake. Asphalt at a ontr a,et price of $45, I23. O0 award made at 9: 55, A.M. U. A. Elliott, and. H. ". Rostiser voting for said improvement and John. 'F. De Haven voting no: and obje eting to letting said. contract for reasona stated heretofore. The following objections stated to the Board orally by Attorney A. Wolfe for Sanders and Egbert. ° lt That said improvement is not required by the public heed, or 2. That the cost of theproposed improvement would be excessive considering the character and nature of the real estate to be assessed. 3. That the cost of the same will exceed thebenef its to the real estate to be assessed. 4. That the Board of Public Works has no legal authority to award' the contract as the time for signing same has expired. 5. Objections that contract has not been executed. 6. Atty. Wolfe stated I make these objections on Sept. 9th. ,1920 at 10:07 A.M. 6. That at the time of the final award of the contract all the pro- perty owners on Walnut Street present at the session/of the Board protested against the letting of said contract. for tharea on. given above 1, 2,3, 4,5 and that no property owners were present asking for it. H. F. Rostiser of the Board stated he would be willing to make an order that if the contract was not completed in time specified that the Board should not grant any extensions of time. Same agrad _ on verbally by the Board. r i. Thi)nsdsy Rr.p:tambwr t.h_ _1920_ Co32t. ia�jr.�l_ O.on.cernArig the improvement of the roadway ,of Walnut Street from Sample Street to Indiana A venue with asphat,, asphaltic c Mcrete, bitulithic, concrete or brisk, pursuance to resolution no. 803, the Board finds that no ;het it ion- has been filed with said Board by. a majority in number of the freeholders residing on said street to be improved requesting that it be improved with a different kind of pavement than 'the kind heretofore adopted ty the Board in its preliminary order; and the City Engineer reparts .that the Williston Construction Company is the lowest and best bidder for the kind of pavement heretofore adopted ' by the Board, and the Board find that said Williston Construction Company 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 Natural Lake Asphalt pavement and all proceedings heretofore had in this matter are hereby con f irmed and rat if ied. BOARD OF PUBLIC WORKS. It. A. ELLIOTT Attested:- HARVEY F. ROSTISER Veronica C. Sweeney, Clerk of the Board . Dated 'this gth. day of September 1920. Signed at. ..et 9:55 A.M.: The following petition filed by Attorney Rolfe over-ruled,'EX �i,: A* Elliott ard.M.".F. Rostiser of Board voting aye and John F. De Haven voting no. Said petition over--rukdd. at 9: 45 A. M. South Bend, Indiana. September gth.,1920. t a the Honorable Board of Public Works, of the City of 'S ouch Bend, Indiana. cent lemon: •- The undersigned, Sanders-Egbert Company, respectfully show and petition to your honorable Bed•y° tha't� 'it is a c©rperat ion duly and legally organised and existing under the laws of the State of Indiana, and that it owns a tract of land approximately s.ix hundred feet in length from north to south and six hundred sixty feet in width from ast to west, with the north side thereof bordering on Sample Street, the east side bordering on the land and property owned by the N. P. Bowsher Co. the south side thereof bordering on land awned by the Oliver Chilled Plow Works, or the James Oliver Estate"' ad.d ,. the west side thereof bordering on laud owned by South Bend Wood & Ceal Company. that Walnut Street extends through said property owned by this petitioner from north to south and bisects or divides said tract into to parts, leaving approximately 105 feet thereof on the east s ideof Walnut Street and the balance on the west side thereof, that on said property this petitioner has located a saw mill and appurtenances and acesserios thereto,, Including two spur tracks for the loading and unloading of lumber, wood, saw lags and fuel, that said s _ ur tracks connect with the tract of the Indiana Northern Railway Company which is situate on the property immediately to the south of and adjoining said land of this petitioner, That said Indiana Northern Railway C ompany is a e omm®n carrier for hire and c erects with both inter and intra state carriers, and together therewith for` forms continuous connections by rail for hire throughout the state of Ind iana . anal other states, and has on files rates and charges for switching cars of wood, fuel and logs to and from said property of this petitioner. That Walnut Street through petitioner's. property is being improved .and the improvement thereof necessitates the installation of a spur track on that part thereof lying east of Walnut Street; thdt it will he necessaryfor said spur track to cross Walnut Street at the south side of and within fifty feet of the south edge of petitioner's property and will be constructed in a general northeast and southwest uireetion with a radius of approximately two hundred feet, and will and must connect with the track of the Indiana Northern Railway .Company at a point south of the property, of this petitioner. That said track is necessary in order to utilize that part of said property east of Walnut Street after the improvement of Walnut Street. That should Walnut Street be paved before said track is located, it would be necessary to tear up the'` pavement on Walnut Street; that petitioner cannot state the exact crossing at Walnut Street of said proposed spur track because the Indiana Northern Railway Company has not as yet consented to or designated and agreed to, the place i¢here said track should cross Walnut Street. That petitioner receives at its said plant a great number of carload shipments per year over said: --Indiana Northern.Railway Company and will continue to so receive shipments; that its present track facilities are insufficient and in.ade-- quater. -t& , handlo its bus mess if. Walnut Street is paved prior to the installation of laid .prop®seal spur_;:tra.ek. 90, Thursday September 9th. ,1920 Continued. That although this petit ion *r has asked the eff is ials of the Indiana Narthern. Railway Company to oe-�®perate with it in the connection of said spur track with its track, said officals of said :Ind iana Northern. Railway Company have not as yet agreed to such connection or designated where such connection would be made, and . that in case said off is ials persist in refusing to agreed to such comltect iOn and construction of said spur track, it will ba necessary for the under- signed ;to petition the Public Service Commiss ion of Indiana "for an order defining such connection and in such case :this petitioner asks that thepaving of said 'street be 4efer-red until the ,ord,er of the Public Service Commission, Wherefore this petitioner :&sks that it be authorized to construct said proposed spur track across Walnut Street as designated and that the. pavahg of Walnut Street be postponed and delayed until the construction of said proposed spur track across Walnut Street and themaking making of the connection thereof with said Indiana Northern Railway Company. ° Very respectfully, ANTONY A. WOLFS Atty. fo*r Sanders-Egbert'. FTLED = SEE. 91,1920. BOARD OF PUBLIC' WORKS YLctirc on per -ruled BY G. A. ELLIOTT Sep. 9,1920• President. G. A. Elliott ° 9: 45 A.M. Rostiser & Elliott Aye. • De Haven n.o. Partial estimate allowed McCready_ Construction Company on alley west ff Main Street from Mad is ors Street to Marion Street at......... ,1, 523.2'7_