Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/31/1920 Board of Public Works Minutes
Tuesday August 31st.,1920. Board met in regular session at 10: 00 A.h10 John F. De Haven absent. Mayor F. R. Carson present.. Bids were received on the following improvements. Water eonneetions -on Diamond Avenue from Lincoln Way West to the north line of Cushing's Addition. Bid of Thomas Williams. muter taps on long side, each ...................... .$ R9.00 on short side, each....... ........... 23.50 Bid of Wm. H. BUrke. Water taps on short side, each.................... 22.55 Water taps on long side, each ...................... 33.35 Bids of water connections on Walnut Street from Sample Street to Indiana Avenue. Bid of Thomas Williams. Long side, dne.inch, each..* ......................... 38.50 Short side,'one inch each ..°........................ 29.50 Long side, inch tach............................ ..., 31.35 Short side, 4. inch, each....... ................. . .. P-3. 80 Lid of Wm. H. Burke. Short side, each ..................................... 25.60 Long side, each... .... o .............33.15 Above bids were referred to the City Engineer for tabulation to be reported on at 7:15 P.M. Wednesday September lst.,1920. This being the, date set for the final award on,_ the t7pe of, .pavement and awarding of contract for Pavement on Walnut Street from Sample Street to North line of Indiana Avenue. Petition filed on Friday August 27t,h,. , In'?O by Joseph D. Oliver, President of the Oliver Chilled Plow Works ° was read and no action taken on same. The Board then deferred this awarding of contract to Wednesday September 1st., 1920 at 7:15 P.M. ° The Board approved of the Building Commissioner issuing a permit.to Harry Brazy and N. E. Disher-House mover, to move a frame house from Main Street to 821 E. Indiana Avenue.over Asphalt pavement on Indiana Avenue. Route to be planked on .asphalt pavement. The Board allowed Louis E. Zeiger to construct city inter- sections at S. E. Corner of Oliver Street and Prairie Avenue , walk par be. $.18 per sq. ft. and curb $.45 per sq. ft. Mr. F. L. Dennis appeared before the Board andrequested ,that lights be placed in Studebaker Place and submitted blue print of same, 'The Board ordered 41- 60 Watt Boulevard lamps on iron posts in Studebaker ..Place. Same to be turned on after December lst.,1920. Clerk instructed to send letter to the Common Council request ng that a light be ordered at the Three I. right of way and Vassar' Avenue. Are light ordered placed on iron pole at corner of California Avenue and Lawndale Avenue. Vontract for sewer connections on Donald Street awarded to Joseph Luther. Bids were rejected can pavement on Indiana Avenue and res olut in is hereby rest in.ded by the Board. All bids received for sewer on Indiana Avenue rejected, and all bids for sewer connections rejected. Excavation bond for the sum of One Thousand Dollars signed by the Indiana Bell Telephone Company as principal .�..nd American Surety Company of New York as sureties was approved by the Board. Concerning the improvement of the roadway of Uarst ,Street from Michigan Street to South Bend City Addition with asphalt, asphaltic concrete, concrete t.itulithia, or brick in pursuance to Resolution No. 816 this being the day set. for the making of the preliminary award d-ts ignat ing the kind. of pavement, the Board at 10:00 A. M. Friday A ig ist 27th. ,1920 publ. idly opened read and considered, all bids, and then c ont inued their meeting to Tuesday August 318t. ,1920 at 10: 00 A.M. Now on last named date the Board designated Sheet Asphalt as the kind of pavement with which said street is to be improved and fixes the llth. day of September 1920 at 10:00 A.M. as the time when petitions for changing t f-e kind of pavement must be filed, and the Board hereby continues this matter until the 14th. day of September 1920 at 10:00 A.N. on the day above named the Board will either pass on petitions let said contract or reject all bids, Attested.: Veronica C. Sweeney, Clerk of the Board. �i. A. ELLIOTT HARVEY F. ROSTISER Board of Public Works of the City of South Bend, Indiana. Concerning the improvement of the roadway of Wayne Street from Lafayette Boulevard :tp East line of St. Joseph Street by resurfacing with asphalt, asphaltic con- crete, . b itulithic, or brick in pursuance to Resolution No. 765 this being the day set for making the preliminary award designating kind of pavement, the Board at 10:00 A.M. Friday August 27th. ,1920 publicly opened read and cons idered all b ids , and then continued their meeting_ to Tuesday August 31st.,1920 at 10:00 A.M. Now on last samed date the Board designated Sheet Asphalt as the kind of pavement with which said st eet is to be improved and fixes the llth. day of September 1920 at 10:00 A.M. as the time when petitions for changing the kind of pavement'°must be filed, and the Board hereby continues this matter until the 14th. day of September 1920 at 10:00 A.M. on the day above named the Board will either pass on petitions let said contract or reject all bids. G. A. ELLIOTT HARVEY F. ROSTISER Attested:- BOARD OF PUBLIC WORKS OF THE CITY Veronica C. Sweeney, OF SOUTH BEND, INDIANA. Clerk, of the Board. Public Improvement contract. This Agremenet, Made and entered into this 51st. day of August 1920 by and between Joseph A. Luther of the County of St. Joseph and State of Indiana, (Hereinafter referred to as the " Contractor"), and the City of South Bend, in the County of St. Josei,h, and State of Indiana, by and through its Board of Public Works,(hereinafter referred to as the " City"), under and by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct water connectiond on Frances Street from Cedar Street to Grand Trunk Ry. in the City of South Bend, Indiana at and for the following prices:- - 4 one inch taps on long side, each ................. ..$36.00 18 4 inch taps on long side, each .................... 29. 00 26-;f3 inch taps on the short side, each ............... 20.00 62 } Mal Ms61gig Aligns-, a nnn And t0 rform stl $,6&' in t i ' eroseciztion.ol said imtovemet tinder #n� •ceordigg to the terms arrd cou tditioins of Improvement tz.-�soiution �To, ... .:_.�-.....{ adopted`: y the Btiard'of Public Works_. July- 2, 1920 and the plans, profile and gpecification on file in +ha office of, tije ,bees-tmsnt, of Public Works, rich, sal resdluttotsi Mans, prolil¢ acid specihcatibns are made a part heredf as fully and effectually as if copied aril z. set out herat, full 1engn. The contractor further expressly,covenarlts and agrees that in the„prosecution of said, work all proper Slall,'and care .-ill -be; exeretsel; tr ti'e ?1 r 0n i i t`2il:e�.cava+ions and dangerous places, and .inntl use all due a-d prober p cn=anon t o br _ � _r tIry person or l _: � , *v that i 1 +hp evc'ot «f �_ any,1naury, or dafna�e resulting from :z "tl1.2 v 7;r" nr x � ,1' prom v * i.tt? ar th-n, �onn�^.tFd there�ai'l� or firising therefrom; to any perFn,i or n=opArty, he, - tl ray a* d lir^.date the s:n e at his own expense, and as- sume the liability;iherefori and in the event of any cialm or claims being made or any act ion or actions b:!ir bro'ttght aka?rest ,the city by reason or on a.c-'outit of or grorl g out of �-'d rror', omits construction + ontractor;wilt.at hi's ovvri expense defend the same, and will pav any judgment recovered therein, and will in all respects fully t emnify,.and save,,har mess said city,, its officers, agents o`r rep,resentx ives from all cost, Exl ense, payrrient o't jtidgmen} reco Bred in cennection v;rith such claim or ckaims, action or actions. And if iivpthin ten'days after any such action is begun, 'the city shall notify the contractor of the pendency ther--.f, t r0111 any judgment rendered °against the city sl§all be conch- sive'ag&inst`the contractor and against the surety. on, hia construction bond; as toil•; amount,. liability andother prattes"pertainiig theret©, And the .contractor ;gees to maintaist said improvement acid lmal a such revalre as may be tecessaryOf t ; to XzA the o aer as kssa d by the aifications,,, and`%d secure tite inatutenance and tepair Ahereef j tim ROAM of F,"C Works a bosom wAb sufficient surety thereon axed in an amount as fixed by the Il 00M, AM In Mpg sxh repair work the eontmctor and the "surety on lbiis guarantee bond shall be if4 to ON44,ole liability to the eity and any other person for a►" 4n*ry or damage to auy pers,m or prop f to . 44-06 JOa ex "4 to the Busse extent as: j<s fixed iwthw bast -preceding paragraph covering the,,ton- 4 It, to funhor a eed'by anal >Esetsi%ezu saieipart� that the scceptance'iaf the wof•k rovided-for in this Mi3{fg ' tho pAynzc0 thcrcof, slnll ns►t constttute a ♦vai�ver do "ihe part,pf the cats o any of the 1 0 *14 40"tract nor shalt it rvicase said contractor or the sureties on hA bend'for th0 fafthful p6tfoivi- i pfA thorwof4 ffor AN11 floe acceptance be psasaa facie evidence of the performance o€ ar�y prdvjs3Ru of Viis- �f ` tfr tfejt to the etct3t of entitlin the contractor to the contractrice tlzeref®r, �ho amr-teisor R reas to pay for all labor and -materials used of furn shied tu`ha used ld the tuaking of All 1 provaidant afid 1n the performance of this contract, whether done or furnished for hlm,"'or his ageazt, t@r 11360e1or ®r subeofitract®r ; and the city `tnay reserve -'but of any sllowanco mada 'on any astirns.te p �r ®'f i I aofltrsiator or 1 aaiigus,' or out of the anuiuut due him or hie adeltns upon the om.0104o.i � Mal cessary to pay all laborers or' material gr an far .;S" ujjt� dux 0e bl' alglut or MIM14418 ulau 4r °iurntshed to- be ti ed in the performance .of this contract snd_the lWgf*j and tho ,1:oqat f tit?S r, actinggS city, treasureir` 4nay tafh inmir �olh,:;#red frarn 4c3 €l t y Y'" p o hm finewd tat Said ttmpz-Qr Qnlent to pay such debis or `inall thr,,c&ti•act6r Oioivs thitt they hwvn:lt 11 The coat:ar'-or,agrees to remo- 2 all rvtJ`ah,. €:arrh, and un+ased material in the- streets or; sides tlic�rc..ot. upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed accgl ing• to the terms of this contract on=oat before the , day of ------. - - ----------- -:.. urlessathe time' •for tke completion�of the Bar A'shall be er*ended to wr,Unj by the. Board of Pub c pWorka.: And it is agreed that -any such extpnFion of time; or any alteration of this contract or of the manner,or n4etfi- od of doing'sueh`work shall in. no way affect. the duties, obligations or liabilities of the contractoror his sure ° tios: . It `is agreed"that the; contractor shall not assign this contract, or sub -let the work or any part thereof to be, done,hereurider, without the writ n co nt of the Board of Publiq Works.. It ii further agri led and stip,, ula .rd that t',, contractor shall. (rive to residents of said city and county preference.; in .the .employment of all labor necessary in the performance of this contract, and failing to do $6, 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 pperformed by said contractor the said 'city agrees to cause the cost of doing such work to be assessed, col- lected 'end paid'tq said. contractor in the manner fixed by the statuto governing the making of such ainprov.e- = 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 its -if. and the respective: Slic.-'essor or. assigr_s: of such parties. -.In, Testimony Whereof, We., the :foregoing named parties, hersun.te s.at-„ our hands, 't.his,..31s day of. August 1920. JOE LUTHER Contractor CITY OP SOUTS" BEND, IND IANA.. BY s. A ELLIOTT i H. F. ROSTISER JOHN F. DEHAVEN Its Board' of Pub 1 ic- Works . I1 , 63 *uea iyu Apaust 251Qi: IQ20 QcmtinllPd 1 PUBLIC IMPROVEMENT CONTRACT4 i `This Agreement, Made and entered into this 31st day of August 1920 by and between Thomas Williams of the ` County of St. TjoSeph and State_ of . Ind iana (hereft- . after referred t o as the " Contractor"), and the City of South •Bend, In the County of -St. Joseph, and State of Indiana, by and through its Board of Public Works., (hereinafter referred to as the " City"), under and .by virtue of an -Act ' of the General Asse mbly: of the State of Indiana, entitled " An Act .Concerning Municipal Corporations, " appoved March 6,1905, and all amendatory and supplementAl acts thereto:** - t : Witnesseth, that the contractor covenants and agrees to construct wate'p connections on Lawndale Ave,: fgom Van Buren 'Street to Vassar Park Addi in the City of - South Bend, Indiana at -and for the following prices: 1 tap on;short -side; : : ... . . . 0. V .. ot. 60 0'..0$23.45 and to perform -all tork in: the proseci:tioa o ,said improvetnneat under as#d mwordioW to the _ter as and, wd- ditions of. tmprovem. ent Resolution No. ... 8 __ i ahopteh by. -the Board of Public. W..orka,._Iyi_1, x(...'1.-7,1920 . and the plans, profile and specifica*.ions ob filein.the orrice of the Department of Puhlic Works, afich haw resolution, plans, profile and specifications are made a:pa'.rt hereof_ as fully and effectually as if topied and set out herein at full length.: ; The. contractor further expresslyy covenants and .agre s that in .the pprosecution of said work all proper skill and care z •+'l tsa exere sel; tl�. the • r"l r ten^ i , `.., *. all excavations and dangerous places, and �vi11 use all dale send pToner precaution rp or t i its v �� ry per on or p that inthe event o£ any injury or damage resulting fro`_n the w1l, , it r_S t;�• fr`�t i 1.-•v or thin- connected therewith or a, sing therefrom, to any person or property, he: � 71 naY a - lie,, idate the s ne at �iis ovi►n expense, and as- su a the; liability therefor; and -in the event of any clai' or clai - s being made or any actions or actions being "broth! against the city by reason or on account of or groWiiig out df tsrid �ir?r'- or its construction, the sai uontiractor wilt- at his -,own. -expense defend, the same, and .will pay any judgment recovered therein; and will in all respectsfully indemnify and save'harmless.said city, its ogiceis, igents or representatives from all cost, then!®,' pay ent oc i.0 dginent recovered in connection with such claim or claims, action or actions. And if *ithin ton days after any such action is ,begun, the city -shall notify the contractor of tide pendency thereof, tb n any judgment rendered against the city shah be conclusive against the contractor and against the surety on his t*nstruction bond. as to'* -imount, liability and other matters pertaining thereto.. And the eonrractor=agrees to >assiitt�i sa�v uut ru: ..r'ut a *»:ae su•.0 repairs as rna, the geriod and in the manner as fi:N1,�7 the ciAcations, and to secure One maintenance and repair tber ui to file with "he Board of Public W6s ieond with *uff4cient surety thereon and in an amount "'fixed by the specifications; Aiid in doing such repair work the caatrai of >Rlid:'the surety orr;lsis -guarantee bond shall be iubject to the same liability to the city *nd'any'othet ppee;;''s'on•for any injury or dimage,to any. pers,ta or prop- erty in the same manner and to the same, extent as is.fixt is the last preceding' paragraph �covenng the coii`- struction; work. 'And it is further agreed by'and between said part -s that the acceptance of the worlt provided for in this = contract, or the ,pitymerit'thereof.-shall not constitute a waiver on the part of the city of any of the pruv-,s- ions of this contract, nor shall it release said.contractor or. the sureties' on his bond for the faithful perfoi ance thereof;„nor shall the accepta-ice be 'trim :facie evidence of the performance or any provision.of this contract, except to the extent .of entitling the :contractor to the contract price therefor, The contractor agrees to pay for aillabor and materials used or furnished to' be used in the making of such improvement and in the ,perforniai nce. of, this .contract, whether done or furnished for.him, or his agent, assignee, successor or subcontractor; arid the city; may reserve -out' -of soy allowance made .on any estimate in favor of the contractor. `or - ,� assigns; or..out,.of.the airiount;due trim or his assigns upon the completion of the work, so much as Mai ceessary to, pay a.il laborers; or materiai mien for an, ounts due them for work done or;materials used. or` urni..shred to be used iu.the performance of this contr-Act as#d the doing of said worn;, and, "the county treasurer, acting:,as city` treasurer, nia retain money eolketed from property owners assessed .for said improvement to pay. such debts: Or until the .contractor, nt. shows :that they have bc+vn' paid or sat,. : Tne contra n- ao ees to reitli3 ai%.rsi 3-- entitle aad''anHsed maieiial I the streeA 0 miles Qi rc%A upon the _vacompletion of the.xmavent or thee-ixairing ti}ereof. The work: of making sttefi• piraveinent shall b corn efed: according to Ate tennis of eoutnlct on or iiefore the ..................... .... ..... ....... ...... illy o£................................... ...... . _..:.. 19....-_— utsless the time for the completion of the sar�g:shell he ea±ended lei wr+ti:�g by the Board of Pub Works. And it is agreed that any such extension of time; or any alteration of this ccrtrrict or of the,manner or meth- od of doing such work shall°-in'no way affect the duties; o5bligations or liabilities of the contractor or his sure- ties. . It is agreed that the -contractor shall not r.ssign this contract, -or sub -let the work or any part thereof to be done hereunder, withort the vi ritten coz s .nt of the Board of Public Works; It is fui then agreed :and stipuiaed rho t '� contractor shall -give to residents of said city and county preference in the emlalo3�merit of a�l•iab�r necessary in the performance of this contract, and failing to do so, shall forfeit to the ciity the surn of ten dollars for each failure to'observe_this stipulation. And upon the p-erformance of.all the terms and' :conditions of this contract, and things to be done and performed by said._contractor the said city agrees to catse the :cost of doing s. ch work to be assessed, col- kcte&snd paid to said contractor- in ,,the manner fixed by the •sta'tute governing a making of such improve - menu. To each Of tine conditions and stipulations of is contract; including all and singular the provisions and terms of the pans, profile, specifications and resolution aforesaid, the undersigned binds ,himself or . itself. and the respective stic*:essor or assigns of Mich parties._. In +,estimony ,.Whereof, We, ' the Foregoing named parties, hereunto -set our =hands this 319t, day' of August 1920. TBOS WILLIAMS CITY OF SOUTH BEND;` INDIANA - Contractor BY G. :A.- ELLIOTT HARVEY F- ROSTISER Its Board of Public Works,;: a, PUBLIC IMPROVIENT9 CONTRA CT. This Agreement Made anVentered into this 31st. day of August 1920 by and between Joseph_ 1,4, Luther the' County of St.. _ Josdph, and State 0f Indiana . (hereinafter referred 'o as the ""Contractor"),, nd the City' of South Bend,. in the County. -of St- Joseph,' and State of Indiana, by and through its Board of Public Works, (here inifter 'rei`erred to as the C ityp), finder l anal by virtue ,of an Act of the General.Assembly of theStat_ of Indiana, entitled'" An Act Concerning Muni- c ipal C©rporat isms, . " approved March 6,1905, --and all amendatory and supplemental acts thereto: - witness I etli, ; that the contractor covenants nand agrees to construct seater connect.ions-on Indi4na:,¢Avenue from Prairie.;Avenue to Wehster Street, iA� the City od South Bend,,"at dud for the 'follewi.ng` prices: 12 taps on Short side, each.*- 041-0_0.. .....:... 3 twos .;i short s ide, each.�::..:............ . ....... . .... 26. 00 ` en c laid im xxsrem t gtnder attsA Haig l r i law con - a fife , y o 1 � jloxt 0• �cutY tt2 !ice ems. Ebeeparlf it'pe R brirs, Nrtaaci� s �uaA arB %lta(' av'etsv#8lofty ao$etaa# �;.► as if copied and 4;3 eriiiacrts and agrees th fl, 1. In Abe �osetutltin, said worm all proper skiff cf Karst -lb exer t lie -o� ,rly • �� al# excava_ions,and dan erous faces, prV t ""`•,� , vest ro _r P as "'" � Y PWWa or pzt�ssrty;;,that iri 'the .event (.f x. # �'" iir �p sz!``r x P! MI or this eonnectP i d th�reivi h or " st sane at, is owo 'expose, and as - _ ass e or as W or-or-bons-b i or irk or • and sue?fir r n„ ie € ia. I . ` dens tlier ff, y. q. a and _;ttnnf rearnslr �onc'ii?sivcrisi a Co<rtractor and! against the surety" en tts Consttaetzon ibbrid, o' -' atiiourc� ahi!"rtyand other matters Bert-aini,:� thereto. . nd €t`son€cter fie €I�d and ifl then e: i :tthe-Board �f rtsbirc 40 e�tfon din daing'sxasroie contrrnctor_er,_tdin sig )0,el to the a liability, to t . rem CM his guarantee on sham ; Aotr otherpe rso AzY-or damage t®,ytr� > a or prA}is ov,'y.l the sa man wr and#o the'sam� extent ft Axee�'��he fast: gt�sediag _paragraph _ C®vttri� the G®1- �ctn .. :_.Aidit iti. lirihCr agreed by and Oil - bet said < . cofttract,.oL' the payment thereof, aft rot constt tsarQeron-Lhetga t of -the- ance of the city � provid any ad f the In thi� s ®# this ntrset, rtet shall it 'stease°said co�ractorcar*hesureties on his bond _for .the faithful p furtz, dt?e there®f; ttor shell the acceptance be- prima facie evidence of the performartce of any pr®visie�i c�# this � trael,:ra€�gpt t the extent of er.tithng•;the. contractor -:to thgccontract.price therefor,: The ottt3'aetor agrees to pay fort all_labor and;:materials used:or- furnished to. be used in the making of �ueh lhtr®��at�t arzd`rzt tke,perforMance of this- contract, whether done or furnished i®r hint, ®r ltl®a eat In fair ®t eeesaor or:: subeAiztractor f and the .City may reserve: out- of a.np illowagce made ®u any ®stl �st� ��®r ci tote a®utractor bY,. l• asstgrrs,= or oq't:_ of thri amount dup him or his assigns upon the C®tttpletitttt ' ®f rk tone s� ueh"as map. 'cessarp to pair. all- l�bore, s- -or •iaateriai men for am®ttttt� due. heat for w® € done ®r sratArk s uses `ox urni,shed to: be- used in thr performance 'Of this r AlUou and the doing of said work, wad.:`the eounty<trea,s«rer, acting as city treasurer, mar retain, move �wtterr�: assessed for' said i y collected from Property ix�prove. Cnt to a such debts or ur_t!Y thi-contractor shows tw they lave bce;, Paid Or saaVeAad Pay jPrnu �I! ru��isa, earth, and nn•:sad eytater &l i11 streets or upon the corn plet on of the improvement or the :repiiribg thereof The work of making s+ich ampt ov ment shall b� cQmeted aceoridttt� tp the tEt'tzs} Qf tlfs Ot,�atet_ pu 4 before the . y of --- .--- ,sh---• ... ...... ...y ...«................. l4 unless the time for the eomplefson "of the same shall be.ex+ended 1n writ b the Board of Public 'Wort. And it is agreed that a -Hy sueh-e-itenrion of tam.., -assay after, t10n of this contract -or of: the manner or i�7etti• ties.doing such work shall iri :no .way -sffect the .duties;_ oblig"atiors or liabilities of the contractor or. his. stare. ties. '.. -It is 11dir eed- that `the contractor shall ocat assign this contract, or sub -let the work or any part thereof tr:• be done lieYeunder, tvi*has*t the hr�at<en co::,;_mt of the Board of Public Works. It is further -,agreed ands. st p,gTc-ed -that r- contractor zl all give to residents of said city and courj,-r preference; in th.e' emplo; mf nt Qf ail ,labor n cessary in the Ferfortnance of this contract, and fading to do shall forfeit to -the ci-ty ,the sum of ten e'ollars for'each failure to observe'this stipulation. And 'upon. the perforinanc'eof all the terms and conditions of this contract, and things to be -done a.. f performed by said contractor the said ciiy.„agrees •to cause the cost of doing such work to be assessed, .ct l leeted and ptaid to said contractor in the manner fixed by the statute governing the making of such improve. means. - .._ _ To each of the conditions and stipulations of this contract, includ'sizg all aafd singular the provisions a- c terms of the plans, profile, specificationCand resolution aforesaid, the _undersigned binds himself or its: �r and the respective suc-:essor or.assi�rs .of -such parties. In +.est imany -Whereof , We,,. the -'foregoing named parties, hereunt o set our hands.; this '31st. day of- August 1920. , JOE. A. LUTHER Contractor CITY01 SOUTH; BWtuiD, IN IANA:. BY ;G. A ELLIOTT R. F. ROSTISER JOHN F.. ,DEH.AVEN Its Board of Public Works. PUBLIC IMPROVEMENT C-ONTRACT. g This Agreement, Made and entered into this 31'st.. day of August 1920 by and between W. H. Burke of the County of St. Joseph, and State of Indiana (hereinafter referred to as the "Contractor!') and the City of South Bend-,'.' in the. County of St Joseph and State of Indiana,, by and through its Board of Public Works (hereinafter referred to as the " City"), under 'and by virtue ;of an Act of the General. Assembly of the State of Indiana., entitled'' " An Act'Concerning Mun•ic ipal Corporations, " approved March 6,1905,_and all amendatory and supplemental a ets thereto:- Witnesseht, that the 'contractor o ements and agrees to construct' water connections on Miner Street from No Dame Avenue to St. Peter Street, in the City of South Bend, Indiana at and for Lkef ollowing prices:- 1 tap on -long side , each:..........:.. .... ....,. 25.91N 4 taps on short side, each.. ...•........................... 21.58 and td perform all krork in the prosecution of isaid knprovement under and-wootXE ow tww 844 dour ditiocts of 1=provement Aes011itzon No, _.�1_�. a4apteiiby t e Boar of l lie �ifEQrits.; 1 1y:'2 1920. ' and the plans, profile hd,specifica+.ions ori.fil6 in the office of -the Department of Public Works, which sae resoltYtiop, plans, profile and specifzcatio�ns are niade a part hot of 4 :fully ai:d.effactually ss'if copied and set oY herein at hill length: r rbe contractor further expressly covenants and agrees ihAt in the prosecution of said work . a" ptciper skill and care �-rill fie e ercise3, that he -z-�li grope' all excavations. ani dangerous plat°-s, and will use all dtie and pfo�er. precalition"to prevhnt injury. t . ,ry person or �-�- -�y, that i i `hn qv_� Ai! any injury or damage resulting from the vs�� f?: or resultirg fro#h a-y .- -t*er o thing �nnn,, �P th._rnivilf, or, arising, therefrom, to any person or property, he rd ray a-i ft' 'i -.ate rice same a. h's ovfin expense -aril g� some tine liability iherefor; and in the event .of any cla ~i or cl6,iii-is being.made car an. action cr a^t;ons -brow ht against the city by reason or on account of or growiii' out of 'd ��nr' os s}g-cofi�trtictsq- ,,,-.• s� s�i contractor will at Eels own expense.defend the same; and will pil any judgment recover,! tharein'. and. s' i-i all respects fully it4emnify and save harmless said city, its oi�,.agents of representatives fro' all cost i"ense, payment tit jtdkment rccoved in connection with 3i46 claim or clair^s, action or_;ac*ions A t f within ten days after any such action s begun, the city shall 4tify the con ractor of tk..e p_, d+!n y=ther. than any judgment reudered against tfte city s4iali7be corchisive against the contractor and against the surf ii on his construction bond; as to th-• 4.tuount, liability-=4 other tniatters pertaining fhereto: Arid the contractor agrees to maYntain said xav�:n } the period "and`in the manner ac filled is ti:e.sn�ei cations, and to secure :ie inatntenance and repair that a, to file with the"Bo P.ublic'Wor}ra a bond with sufficient puretythereon and in, an. airiour�t as fixed by lire specifications: And.in riding, suchrq air work --they contriictcd and -the surety on his guarantee bond -shall he sub}ecf to the s; r_-ie liability to the -city aad.any other person fgT any. injurer of damage to any pets 3tt or prop arty in the same manner and to the same extent.as is-fixeci in the last preceding paragraph covering the con- sltruction work. And it is further aeedbp and b t*vetn said parties that.the acceptance of the work provided for in this contract, or the payment titereof shall net: constitute a wirer on the gaze of the -city of any of the grouts- ions of this contract, nor shall it Fc}ease_ said. contractor or the sureties on his bond for the faithful perform- ance thereof ; nor shall .the acceptance be pidma facie evidence of tht performance of any provision of this contract, exceRt to the extent of -entitling• the, contractor. too contract price therefor: The contractor agrees to pay" -for all labor and materials Osed or furnished to be used- in the making of suck improvement "and in the performance of this contract, w;iether done or €urnished for him, or' his agent, i nsignoer successor or` subcontractor and tfr@ city may reserve out of any allowance made on any estimate in favor of the' -contractor. or assigns., or -out •:of the anioun_ t due him or his assigns upon the completion of the work, so much as•ma;, .; cessarg to pay all -la.borer& or materiai men for amounts` due them for soil long or ;materials used or -furnished to. be'used in.,the performance of this cont>sxct and the doing of _ said wdrk, rapid the county..treasarer, acting as city �easurefi� may. .retain �oitey collcc ed from property owners assessed for said improvement :to pay. stich debts or; until .the contractor shows that they: have . been :paid or `aavusfied . . . ; � , c d� t► :rrtty� nfX:ru+• ,z.;h, earth.. i,�Kd - ©n the; comgleteqn of the- rcmproyexti tit or the repairitE Tiffs. work "bf making sitch improvement ahul be conit G±efore life ------_ eiY �1! Ali ei=]try Q� piunless the time for the corn 1-e#ion of tMe:�da. • {{f)l,,,n)nll{\{ {{{{l{{{{1{{{}\l—fts"'Alll{)n„ {l il.)){ -1 {{ p_ same stall be egteedrd 1% writ#n by tltier et l�d`� Work, And it is agreed'_that any such eicterf,^iorl-of:grit, or irty_alteraijgtt.gf this fie? by t A$"bf.th4l Manna Q>a t"rk dal+of doing such work shall to no vvay affect the donee oblikatiem ; 9 llabil tiie Of th® contractor or his sure - It - It is agreed -that the contractor shall not assign this Cantr4ct, or sub -let the ►®rk b! �xly prti3t they@®I= tp be done hereunder' witho;:t the wri den co: n, It is further agreed and sti ulao-ed th? .� of `he. Bgard'of F}Ib1iC Wor4s oripreference. in the employment of <-a11 labor necessary. in the perflox }E;reice of thito s ®left fi t, � defailing tip , Shall forfeit to the -.city the sum. of ten dollars for each failura to, And upon_the performance of all the: farms anq�tperve thi® stipulation.d conditionp of:this contract, and tiaings to be doflh anti �erforMed by said contractor the said City agrebS to cause the keted and paid to said contractor.in the manner fixed by. the stittut lff ernin the making of # doing 4uch work to beA@8uch �t��ro �• meutr. To each Of the Conditions and Stipulations of this contract, xiol. d. ermt of the plans, profile it ive all and singular the provisl'€;.is a s; and. the yes active successor ' �cifica.tions and resolution afofes id. - f he undersigned binds hin, elf rn "..,c p essor or assizes of Bach parties. In testimony Whereof, Wet the foregoing named parties, hereunto set our hands this 319t. , day of August 1920. ° W. H..; BURKE CITY -OF. SOUTH BEND, INDIANA. Per HEG. Contractor G. A. ELLIOTT ° s HARVEY F0 ROSTISER JOHN F. DEHAVEN Its Board of Public Works. PUBLIC IMPR WVMENT CONTRACT. is Agreement, Made and entered, into -this 31st. day of August- 1920. by pAd between Thomas Williams of the County of :St. Joseph- and State of Indiana he•re-ins,fter- referred to , as the " Conteactor"), end the City of South Bend, in the County of St. � Joseph and State of Indiana, by and through its Beard of Public Works, (hereinafter referred' to -as the; " City") , under and by virtue' of an Act of the General Assembly of the; -State of Indiana, entitled " An Act Concerning Muni- 4 ipa,,1 Corporat ions " a proved March t,1905, and all emendatory and supplemtnal acts thereto:-': Witnesseth, that,..the contractor covenants and agr=yes to construct water connections'on Lawnda,le Avenue from Lincoln Way West to Van Buren .Street, in the City ,of South Bend. Indiana4 at an¢.f9.r.t1.e,`followin.g,prices: a • o . • ♦ •.• • • a • • • ♦ • • o • r v • a • a e a • - i tap`on long sides, each... ...... 0 0................32.10 and t0 eri • tons a s�r,�taaxsder:s°° Tritames and coy, r his'`t Ord of Ae �Vorli ju_ly 27,1920. a,s tote eiit ofPublic �lorlst, d a gait +e ..aa Niels sa u h a e y sib �flteetually as if .copied and said ar t ift E3ic_Prosecution of said *ork ail- proper . 'lam sy=siii:�s:eavx6pns and dangerous ptac s, ^f^ s r 3 F- 'fir"°'A+ E?.S� 'a{ 3'1 +�]@ Cvrq-t.- axis �^a,,vstt c :.rr..�.txl th:csx. pa-y-IT'd idiete smote a�167 brong t ant of any, c e Qo�� atas. .on accc�t ofr aC'ti_oll9 b_i:r Corm i t� ehd t$e' tctimi a. a.: . ale respealff..iaaa� to yrei .. and.i'1 a<7. ";aa sawtcxri;- e ease %eeisseret in :-eoixnectiow _nth such". ves irD2±1 all cast, �vitlt n teat actioa i A -or actions. An-i i 0"..n any ins- city all noizfq the tractor f - " sat' tint a icy then r, _... as }pis oonsf%icf q.s}salr Ise conclusive against th coff ctor and against the surety, ore t�tt,sT! 3mot t, iabiliity and other matters per, inirg thereto. dio ;.t>t i tQ mas*ain saic2 '-vaarrtent and ,,2aie exu tr reAaira48 zay n nece�,a, �e nc+a i tt>a s 3 cations,. andto secure ue-ulaintcnance and re to le �vft t Oat hbac Wod a isonr! wiffl sufficient surd ► tilere{oA slid in an ato0litlt _air � t hereoA 4ictifi�a�ev;sls. AA i ng such repair rortc tiie'cemtractor and the: aurae fe d �' su e t t €hQ gar..fe liabititq to. the city'and and 9ther Y on his uaraatee bond th ° er In e_$a�tre iattnct and to the same extent as is tE ?act ire e-or damage to die► Pa�Ph ®��r the�p� !st>*udtio� wbtk. ' Artdyit a•ftit het agreed by and he said psrtan`that the itcceptsuee, of the -wark p" r®vided tor- nliraC , of. ihe. payment thereof, .shortj not constitute ;waiver on the part of the city of at��i a 'pro thi* lone -4 tre6f ontrjct, near shall it rilease saief caatrsctor`or t e ettFetiet o�t hia bored €or the fait. f i per€oi=mt ance >4hereof , -tor shalt fhe acceptance be - .p.rtma : ficie evidence of the perforirianee of 'any provision of this Contracts except to ,the extent of entitling the contract0f t0 the contract price therefor, The contractor agrees to pay for all labor and materials used or furnished ter be used In ' tkd making of al�ck improvement and' it the`performance of. this contract, *Bother done or °furnished, fps him, or his agent,' saaiea, suCcesscir of sutieontractor ; and the city may, reserve out of iny, allnws►tsoe made on arty, estirrtete In favor of the contractor or t,: assigns; or:out'of -the amciunt due him or ltu assigns uponthe cotttpletl®n of the work, so much as may, cesss�ry to pay all laborers at-`#aateriu .men for amounts ease lhein for work done ;or, materials used or :urnished :.to be. used its `thy ormance of said work, and the county treasurer; aer tw' of ®v►r►ers assessed for said iazprovemcnt to �` `� 'treasurer, :>ua ' retain mo.t#y CoZfe � frorg ` property paid sittfxiiesj pay satcix debts or tar tit t 6 c atrsctar she yr that they have hi -en he to remo- all rvt-- JJ h. eaiKb. a�td nose# twateried ju t#e streets at s;d� tip,°dot upon';ihe completion of the improvement-or,the reptt jjjqdityj W. The work of making suet► impraventeiit shalt, be'coia#pi eef accord to. "rms of this contract an or before eke . day b>.. unless the ;ime .for the corripletian o� the sar-�e steal[ ,b ........... .. r" ''.'" r la9•r„' .e., e=extended in writing by the�Roard�of Public Works. Anci tf s agreed that any Such eztenGiQn of tame, or any alteiatlov of this c6mract: or -of the nianner or meth- ng od bfai,such work shall in noway, affect the duties, obiigaiioiis or }iabi[iCies of the contractor or his sure - it, . it`is agreed that thontractor shawl not P.asign this:contraet; or sub -let the work or any part thereof to be done hereunder,. Without "contractor t the vrrit:en con .-nt t f tine $ of Pubic Works. It is further agreed anal stipulated.tha"t �4 contractor shall give to residents of said city and cou;,ty Preference in the employment of all labor nece� wry in the performance of this contract, and failing to. do so, shall -forfeit to the crty t#te sum of ten dollars -for each failure to observe this stipulation. And upAn the per#oriiiance of all the torahs and conditions of.' this contract, and things to be done ai?d er#ormed b sa�diontractor the said -city agrees to- catxe :the -cost of doing such .work to be ass-ssad, col - .end Paid >to skid sontractbt in tine manner fixed the statute goversdng .the making of Such improve- -the the con 'Hong and stiputations'of-=tbis "contract, inctufug all and singular tale p;ovisiotas ay-! Is , �t Pins, rofils!specifications. and resolution 'aforesaid; the andersi ed binds himself or Pud tie raspectxv_c essOr or wsskn"f;.suei- parties, In ;Test imony Whereof, -We, the foregoing ,named parties, hereunto et, our hands this, 31st, day of. August, 1920. THOS`. WILLIAMS CITY OF SOUTH BEND, INDIANA. Bontractor. BY fa. A ELLIOTT HARVEY F.. ROSTISER Its B€Sard of Public Works:. PUBLIC .IMPROVEMENT CONTRACT;, This Agreement, made and ente-red into this 31st day of August 1920. by -and between Joseph. A. Luther of the Cou. ty of' St, Joseph&-nd State Of Indiana (herein after referred to as the " Contractor"), and the City of South'Bend, in the _ County, Of St. Joseph,, and State of Indiana, by and through its Board, of Public -Works (hereinafter referred to as the "City"),_ under and,` by _ virtue of an Act of the'General Assembly of the State of Indiana, _ entitled An Act Concerning' Munic ipal , C orporat ions, . approved March 6,1905, and aikemdnatory.and supplemental acts thereto: Witnesseth,_that the contractor covenents-and agrees to.construc't water connections on Garst Street from Michigan Street to W. LI. of South Bend, City Addition, in the City of,South Bend, Indiana. at and for the following prices:- 3 taps on long side, eac4,. ..... '.... ... ....:... 33.80 A taps on short side, each. , .............. 0. , : 21.40 anct� io pcsfot ailwork in the proseetttion of sad ita it+o ettt u ila ° .9dvacs of Improvement R�rsci�nt en moo: ' e- u1 2 1 20. S a* the lams and b Nie $a l e � ,: 9 Plans, profile specifications Pn i+tc Ear-t�e�A�dR bf �f .��ll� �i®+��i �� �. ttsoiutfon; plans, `profile . and. :sp fica ot�s `ors iaa a park hero. as fully a� a tui 1��� _ Ito set. out herein at full length. The- contractor further expressly covenants and agreaa that ` n the rottieution c laid ` !1 � -y skill and care �'! be -exercised; that he `+ 'i crone t-- P d Apr .< ; t a 1 e�ei>vitttoit`� dal��rolie� asid will use ail due 6r_c1 proper precaution 1- prav ; t i11ju *n r, arson or n'4ilrt` t; P leg w any iti}uryor!damage resulting from the ix. t- t,l-, n` ' ,4 't )` .� g �rr., or reel. r�, Egon. a y t-er. or thl�� �®�#',eat�� ihaaowl t}ri�hig therefrom, to any person or property, he "",It ` r-ty .aril Hq-,,idats the a � a nt ®till ®®a sumke the liability therefor; and in the event:of any ciao n ` , $ "C i �� �- ri or ciairz bet made or In kaftan O 1► floes brought against the city by reason or on accar1nt pf oir growaig out of l R'd t° Irh or f is a ��lj�hi s ®ail contractor wit at his own expense defend the samd, and still pa�� any judgment rse®�sred thilrOln-, and wj3j in all respects fully in and save harrmlesa sai4'64, its oftYcers, aggritit or repi'etieittitit cs fry ajj nqt esipeusa. payment or iuclaent recorere 4 in connection .With Micah Claim or clalmlil, Action at sakflkl, APB' ' within. ten days after any such action is `begun, the city shall notify the. contrWor of tbs �snd� any tb�l; _ � t�ii nttf iudgtuent re tdered against file cftT :silo!! be oondv.sive 662i0t the contractor. sfjd ags4ost the en construction bored, as to tk- aniousit, ls$bihh ty and oter matters ,pertainiisg .tklereto, t = E F1ir 0 .�L °kfi# Y' .�Sz '�dF3•S2s( `y ! F i}� '•,o d ai-e such repairs as may be necesSg for ' x ._. ;u > t>n emu_ t; - " great >>? W WA At ywft O FlamARM c' V49 Esn ��� - .►ttor` ore sit#$ § €� IT ;I ,T. ieleic evidence of the p4f@rrFjj?,jjEE 6f i 0,41 + - @f 01410# f4 eantntetar tothe co ad PO4 t�lmfsf:.. , � �€ : h r and materistli used or furtll§hft-d to he h Ei IR the ' ffq p9s g th4e c®ntriict- whoher *i@ ®i fli fligh@ 65.. Ail 8f I 4e City May reserve out of, any ;gll k, 668 if ode 8 Ift , >out of � imount due m o€144 HNIHN 9 6H a 8 lali.�s` .or 1"WMe il!1 :- 4101 got Embfiff a& CAW t f .. i :e co at a- c- agaees to renfo all rn`=: ,it, ehrth, at+d tmused mateiial in tale stre� is ar sides i" ..,; ui` upon the completion of the improvement or.the repairing thereof. The work of making such improvement shall becompleted aCcor itsg to rlie.terms of this contfAct on cc before the-------------------------------- - dot o---------------- y . 14......... unless the time for the completion of the ear •- .-'"-' '----' " ""'.' p shall be extended in w iti-.g by tbe. Board of Public Works, And it is agreed that any such e-xten�iou of ti:rii, or"and altera ion: of this contract or of the, manner or meth - ties.of doing ueh work shall in no way affect the duties, o} ligations or liabilities of the 'contractor or his sure- ties. It is agreed that the contractor shall ,not -ssign this contract. or sub -let the work or any part thereof to be done hereunder, without the '� ; : en �o -.it of the Board of P:�blic Works. It is further agreed and stipul--:tad that �'*� contractor shall give to residents of said city and county preference in the employment of all laLor necessary -in the performance of this contract, and failing to do so, shall forfeit to the city the sutn'of ten dollars for each fai!»re 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 sgeatr. 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 - 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 er itp°..:1f and the respective suc=-�essor or assiztts of such t;a.rtifis. In Testimony Whereof,.We, the 99kego-ing named parties, hereunto set our hands this '31st. , day Of August 1920. CITY OF.SOUTH BEND, INDIANA. JOE A LUTHEE BY G. A. ELLIOTT Contractor. H. F- ROSTISER JOSH F. DEHAVER Its Board of Public Wicks,, LOCAL SEWER IMPROVEMENT RESOLUTION NO. 839. ' e Resolved by the Board of Public Worlds of the City of South Bend, County of St. Joseph,: State of Indiina, That, ,the .construction of a local sewer, intended and adapted only for local use by 'the property holders whose property abuts thereon add not intended ar=-�* ,pted. for. receiving • sewerage from collateral drains, be and tho- same is hereby. ordered }i-rinamd along Hill Street from Corby Street to Howard Street as follows, to -wit: - Beginning _at the intersect ion of the center line of Corby Street . and Hill Street; thence north to a po int E16 feet south of the south line of Howard Street with a 12' indh v it it if ied pipe sewer; together ' with the y necessary manholes, storm water inlets, conduits and house connections to the curb l ine. along the line of said improvement, all as is more particularly shown and all in accordance,with- the° pl*ns; ' P'obf les; °detail drawings and spefi�d.ation on f ile in the vfi'tee • of -tie • Department • cf , Pubi ie Works of. the City : of South Bend, .. Ind iana,F `_ A a �a conetrucuA>ia• 'A 0 10M tht jA �.,A W at wart NM t"toidar� Wham. --#T4*PW0 Ablaj§QihiMM fAt 1615t d , u�em9�it, aaoArdin to. 1*% "%004 ast .101 6M, � Poo dfsuoa,-®atitled "tea �$ �adeiza A �ndhi� ® Bit' .> . daterresl: ape to be . :d to b -��.13A1 &a il�1xadtb �1. _ lot s. '. a4�au�n . 3 d . or bonds *hill be IM A tc MIS e®bt Ifti' PtaA 2 tssgnetsPIT jaM asses:taeats before tiaid boAd or'betide at . IMAM leA i at $anrb Betid a cir 3ie aeisl responsible -to! 0hY SUM br MAM dt a =9b ' �0#r, ewe *ems votk.- ar vor i*e waaction of s ma, or. too 0a ntywoft of Ativ bo# �Pk fl 11 40 4% tsaw 40- ..# dontractor lu PavT!1E1Dt !Cr !1!� if9l E; ��� 6 � � - " �® �vaosk"l 'bg,E�e itaa o Elie asae�.•nie tg-!or ouch inigraywilatit, of ,figi Bid h &et .ragw*4 , a .�8.y. Al, Y)roceedinge lied, end Work de e i # e eopa skinsparA -of,vronert cci eadpim: of assesments acid fin nue of bdii a the"I"l'a -0 this luti tag:... 2nd........d�r 9 ..- q� .Fir Ai -404*0aft 1 2 aw+��,y,.t-d -post a}�l tr�xti I �_ h psi? y. ta, the South Rand R� aand Ditfly)TrIV,.UU, 114 e►� �Y CH{� ?�'!�:Von �i as Qi F� tlx B. rii no*Qn-the......4.JG.Ai3'i1►.A..,, -...,..#Ay - dL. ._ A9 �!_ .+Jth-5rY!�-rr- • • .. +A -tilt P4-N, G. A. ELLIOTT Attested: HARVEY F. ROSTISER Veronica C. Sweeney, Clekof the Board. BOARD OF PUBLIC WORKS.r` V The following resolution adopted by the .Board, TRUNK SEWER IMPROVEMENT RESOLUTTON NO. 840, Resolved by the Board of Public Works of the City of South Bend, County of St. Joseph, 'State of Ind isna: That it 'is desired and deemed necessary to construct a sewer in Indiana Avenue all in said City,, which, from its size and character .is not only `intended and adapted for use by property owners whose property abuts along the line Of said sewer, but. it also intended and adapted for receving sewerage from *collateral drains .already constructed or which may be hereafter constructed', 'and the same is hereby ordered constructed in and along the following -line -in said City, tb-wit:- Beg inning at the intersect ion. of the center line of Olive ,Street and Indiana Avenue; thence Nast along the center =of- 'Ind'iana Avenue to the center, =of Grant Street with a 30 inch sewer; thence still east. along the center of Indians, Avenue to the center of Pulaski Street with -'a 24 inch -pipe sewer; thence Estill east along the center of Indiana Avenue to the center of. Walnut Street with a 20- inch pipe sewer; thence still east along the center of Indiana Avenue to the center of Webster Street -with an 18 inch vitrified pipe sewer; thence still east along the center of Indiana Avenue to the center of Arnold Street with a 15 inch pipe sewer; thence still east along the center 'of Indiana Avenue 1b a point 70 feet west -of '-the' waist- line, of Pra,ir ie• Avenue with' a 12 inch pipe sewer, together with the necessary manholes, ,s'torm water inlets, conduits, flush tank and house connectons to the curb line along. the'. line `of said improvement; And to., be built in accordance with the prof iles, spec -if icat ions, detail drawings maps,. :and est-imates. now. .on -file in -the office -'of the Department of- P ublic Works of. said City_;. which ine lodes an estimate -of the•- proportion that the cost of an adequate local sewer, built:: along `the above -line,, bears to the. cost 'of the main sewer, . to be build as follows: the. cost of an adeua,te local .sewer,; built along' the line sboye des- Gribed, is hereby estimated and fixed to be of the, cost of thew in sewer to be built along said 1 ine as a bove set forth, which -proportion.' as herein estimated. and fixed, shall be taken and adopted in all computations requiring a knowledge of the cost of such local sewer if built along. the line where the -main sewer is to.be built. The cost of the°construction of said sewer shall be divided as follows; 1. So much. of such -cost shall be equivalent to the construction . of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the proposed line as here inabove set forth, shall be paid by said sewer in the same manner and to the same extent as local sewers, are paid for by them, under the Statutes in suchcases made and provided. 2. The excess of cost over and above .what would be equivalent to the cost of a local sewer, if built along said line shall be assessed against each piece of prop --rty in the district or area to be drained and against the City, if it be determined that the said City if benefitted by the said sewer, according to the manner and method preselibed by law, afl of which said property beneficially affecged lies within the following described territory in the City of South Bend, County of St. Joseph and State of Ind ian*-, t owit.. Beginning at the . intersoct ion of the east line of Olive Street and the South line of tree New Jersey, Indiana & Illinois Railroad; thence south , on the east line of Olive Street to the east and west centerline of Section 15 T. 37 N. R. 2 E. thence East 24.4 feet; `thence south to the alley south of Indiana. Avenue; thence east along the said alley to -the 1st. alley east of Olive Street; thence south along the said -alley and said alley extended south to the north hint of Prairie Avenue; thence north easterly along the northerly line of Prair=ier_ Avenue to the center of urant Street; thence -north along the center of urant Str,cetr td the first alley north of Prairie Avenue running east; thence east along the ds`id alley to the first alley east- of Grant Street; thence north along the a11ey east of Grant Street to the 1st. alley north of Prairie Avenue running ast; thence east along alley north of Prairie Avenue to center of Brookfield Street; thence north along the center of Brookfield Street to the first alley north of Prairie Avenue running east; thence east along the said alley to the first -alley east of Brookfield Street Chance_ north along - :the alley to the first alley east of Brookfield Street; thence north along the a-Uey. east of Brookfield Street to a point 150 feet; measured at right angles from the north line of Prairie Avenue.; thence north easterly parallel with and 150 feet at right angles from the . northerly line of Prairie Avenue to then line of lot 21 John Swygart's' Replat of Geo. Wt Swygart's 3�d. Add. theno& north 'along,,. V0 Tuesda August 31st.,192( Cont in West line of Said Lot 21,to;the first alley north of Prairie Avenue; the -nee east along; said alley to' the center of Magnolia Street; thence north along the center of Ma�nol is 'Stree t,tb the 'first alley north" of Prairie Avenue running east thence east on saldlailey to - the alley east of Magnolia Street; thence north along the alley east of Magfiol 1a7 Street to the first alley north of Prairie Avenue running east; thence east &long said r all*y to the cente.of Walnut street; thence north alon along the center d I f , Walnut, Street to the first al:le y north of Prairie Av 'onxie running east; fienee east *long said alley ;to,the alley east of Walnut Street; th*nce,north along said allty t4 the first alley to the first alley north of Prairie Avenue runrd running east; thende east along said S Lalley to the center of Swygart Avenue; thence north along Swygart Avenue to the first alley` north cif Prairie Avenuerunn-ing eas-t; thence east along the"saidalley 'to the first ill-ey east of S thence . north along the al L wygart Avenue; ley east of Swygart Avenue to the first alley north of Prairie Avenue running east; thence, east along said alley to I the Center,of Webster Street; thence north easterly to a point 78 feet south and 137.9 feat west ofthe southeast corner of lot 4 N01M,nd's Add,ition;tftence east 184.2 feet;. thence north to the southwest corner of lot 9 Nolandta Addition; thence east to the alley east. 0 f Arnold Street; thencenorthalong said alley and said alley produced north to the north,line of lot B. in Basil %upel's Add. thence east on the north 11ne ofsaid L. Lot B. to a point 99.8 feet west of the westerly line of Prairie Avenue; thence north' 48, feet; t'40n.cel Oas,t.;70' feet; thence north to the south line of Indiana Avenue.; thence e*0..•gn -the north line ot- Thdiana, Avenue 50, feet; thence north,,to 0 f 'L 11, oft 1: tlie- south line . ? i r 's 7 01, ve . 2nd.Tadd'1t1on; thence east to the east line of lot:172 said Addition; thence north to thesouthline of New Jersey Indiana & . Illinois R. R. thence westalongsouth line of said (� R, to the alley east of, * I Walnut Street thence southerly along said alley to the alley north of Indiana ,,Av�enue.,; thence Lwest L&.lon said alley to the*east,1.1ne of lot '82 John ASw art's .9 A. Y9 Replat thence south alongL.3e&St, line of said lot 82 to the north line of Indiana AvetUe; thence -wes-t,,o;1, the north line of Indiana,Avenue to.the west line of lot ,289,,Oliver s 2nd.':-Add.. thence north along west line of said Lot 289 to the -alley north of 'Indian&,Avenue w�s along said alley to the first alley west of ; thence t 1, Walnut Street; thence north along1first alley west ,of Walnut Street I too the first alley s0uitli-of-Oswald c Court- then! I i e east, along said alley to the first alley west, of Walnut Street running north; thence'Lnerth along said alley to the north line of Oswald'Court; thence'east_t to the West line of Lot 265 Oliver's 2M.Add .-thence north along the west line of said lot 265 to the south line of New Jersey, Indiana & Il-> nois' Railroad; thence west -along the south line of said New Jetsey, Indiana & -Illinois railroad to the placeofbeginning. Said improvement shall be known anuthe Indiana Avenue Trunk .sewer under Improvement Resolution No. 840 in the City of South Bend, Indiana. And each piece of property In said district or area above d6scribed including abutting property holders and the said City of South Bend. - if the said City isbenefitted, shall be assessed, as aforesaid, to pay said excess of cost over and above what would be equivalent to the cost Of 9 local sewer; all of which' will. more fully appear by reference to the profiles, map, drawings and .spec if icat in now on file in the . Off ice of the Department of Public Works of said City, which, among other things, gives the exact course of. said proposed main sewer,, overflows and its appurtenances, and. the district or area which may be injuriously -or hens fically affected thereby, as,shown by the heavy boundary lines marked on said map and drawings,, with proper. words and figures written thereon., clearly indicating what said heavy boundary lines 'represent 'qnd=the di strict o r area embraced thereby Assessments. if C�aferrtd, are entt in_ •W terestat the rate 691-��nnum. A bond or -bonds -shall be -:issued : to .six per. cent-P the contractor..: 1xi: gay Qnt for s a - i&-:W-fa-V)k -- -tinle" prop Owners' Id' erty pay sa d 4-1 A - - a'i e . - 'Issued. Under no .1reumstanciet the S ar -assessments or---lbOnd6i e e4'SU- ff 9" City -of South Bend be � or: bt.:h-r ::held esponsible f-or 'th er-, sums due f r9t6'aa id propert7,.own'er or o ildmoek. r or fo'' owners` or sa the collection of the same,' 6r for the payment of any! bond,--bonda c ert if icat6: or -certificates, issued to said con - tractor 'in -payment for such ` u -work -.xcept for. h - s .": 0 - moneys.. as shall have been actually received[ .:b. -the---'assessments for -such -improvements T said' City from All proceedings had -And: work, done.:in- the- construction of said main sewer- and its appurtenances,, manner ,xxt.assessments.:-Of property collection of assessments and issuance of bondstherefore, -Shall ;be °,as provided for in an act - of the 'ky"eneral Assembly of the State of.Indiana, entitled " An-Ac--t Concerning Municiapi Corporations," In the matters pert& in.ning. the the constitution, a1t-eriticn and maintenance of public drains and sewers, providin9 for L the construction,, alter- ation and maintenance of such sewers and drains An-ch a:zu -it les and within four miles -.thereof, also providing for of property or thepecially benefitted 71- Tuesday August 31st..1920.Continued� thereby for the payment thereof, in whole or in part, and for the collection of such assessments; aepeal ing all laws and parts of laws iri conflict ict therewith, and declaring an amergency, approved -March 6,1905, and all aets;aupplemental and amendatory thereto passed by the General Assembly of the State of Indiana,: Not ice of this resolution shall be published on ,the l st . day of September-1920 send on the 8th, day of September 1920, in the ,South Bend Daily Tribune, This Board will give a hearing on this resolution at its office in'' the City Hall on the 29th. day of September 1920 at 7:15 PM. Adopted this 31st, day of August 1920 H. P. ROST ISER ' JOHN F. DEHAVEN Attested: BOARD OP PUBLIC WORKS. Veronica C. Sweeney, Clerk of the Board: ' The following 'bond and contract approved. PUBLIC IMPROVEMENT CONTRACT, This Agreement, Made. and entered into this 31st, day of August 1920 by and between Highways Materials . Company of the County of St.;, Hoseph, State of Indiana (hereinafterreferred to as the " Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, ( hereinafter referred to as the " City"),, under and by virtue of an Act -of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corpora-- t ions, " approved March 6,1905, and -all amendatory and. supplemental acts thereto: Wltnesseth, -that the contractor covenants and agrees to resurface North Michigan Street from North Shore -Drive ,to Wakewa Avenue, in the _City of South Bend, Ind iana:at and for _the following prices:' Grading per cu. yd: ................. .........:.;.$l*25 1300 lin-feet of curbing per I1n ft...`.......:...,.. .90 9 inlets reset, each . .............. .....:......., 3.50 3 manholes reset, each... ........:.:......:'........ 3.50 100 .1 iri. feet of marginal curb per 1 in ft ..:<.. -.so 2467 sq. yds .. of Bituminous Macadam- us ing- Tr in idad, Lake Asphalt pert dq. yd-._i, ...� .:.... 1,85 Thae City to furnish .all- crushed stone and screenings del ivere-d--1?1- p-.les-off the job and to do all scarifying ;and necessary rolling as per modified resolution of_ : July 21st,.,1920 Curbing -to be paid for: by the- Chicago, South.Bend & Northern :Ind iana Railway Apmpaiiy; as :per _ attached communication approved by the` Board August 20th.91920; tidoertSrm all work in.the seution o sci "impt+ovcme t ane*et mid slborerazs and wu { dRio ns o1 Improvement Res6lution Nq 8I)4.y;ad+ 6t d by `Hoard of Pi-b-ic W June 2�,19?_0,. itnd the laris; profile and specific2trcns tm file rn t e office o t ie p . *.tmeni iil orbs' v►I+icti ait 1661tit n, :p€ans, profiWe ai $ spAiircati&is'a a 'riii a`.pa�t erect $ a e! ' ttialt�y -as si� copied acrd set. out herein at --full Iength. The contractor further expressly-covYn3ants an&agreex that in the .prosecution 'of said work all .proper skill and care will be exercised; that he-�!roper'.v Ord p of ^ct all excavations- and.dangerous places, and will use ali clue and;prcper precautiori to -Prevent intur�*n"wry person or 1P" �r'y; ti?at i , tine eveuf. ;# any injury br `damage resuming fror:3 the wl)r t or result rg from :a-._y. matter or thing ^onn-t-d ,thrra-mi4. or arising therefrom., to any person or property, -kip r411.pav ar,4 t =icfiate the same at ±is own exp4nsQ, and as- sume the liability there or;� aid in the event of any ciairr or. eiaims;being matte or any action or actions being brooght against the city-bg reason or oa account of -or grooving oc t of 5'.id -,vork or its construction, tr., sa d contractor will at his ovo-exirense-defend the same, and Will any:j gment recovered therein, and >i'_i i n all i;espects fully indem7arfy Wnd save harmless said .city; its :oacers; agents- or representatives from ali cost, - expense, payment or jridg�uent recnreretlln. eoimection with such.chim .or claims, action or actions. And f within ten days after any -sue& -action is-beg'an, the city_shall notify the.contrac*gr of tke pendency them°-4, thrn.any judgment rendrr against. -the c 4 shalt be aonciusive.a*n9 the contractor and against the surety (M W3 wastruction bord..asto ti+- amourit, l-ibi*-and otter mattcrs pertainiagg thereto. 72,�' ;r Tuesday August 31s t ,1920 C ont im ied. eoltt � : aanx-v _ r3a ce j i s as ,y w*- 2 C�a �Y► • e,d a me " 1�#zYaftenan 46t'th'tf a Boarder iblic worm a d-with<sufitcient surety thereon and n an a.rnount eddy "ItiInc An such •repair work the'c, actor an'd'the surety on fYis iarantee iaond `s 1a 1 subfectto t�Ye-the-bif ty�to the- and any. oiher�,pe�-son for any ;njury or daxn�ge to any Reas -ate prod- �3'•inke-s' eananner-arld-W—t-sa.lne extent as`is axed in the last, receding paragraph coverrrsg'the eon- struction-work. 9 ' .And it is further agreed rri'b®*wort said{aa1 t -s that the acceptallce of the worxrovid ed for in tl: s contract, "or, the aym t 1r^ . �'_,>:il ^.et const ate a a:i ver o-.a-the F- t-t of the' city of any of the pro. = 1L+"s CSC ll3 Drr#a - � # 1c C3:> said ccntractor Gi- the -sureties on his bond for t•hc faithful perfol tn__ z A t c>f r arrr:f 1 . 'lulus faCie evidmce -of the .pe forinance of any provisiorY -"'tZaCt, e-xept toll'ine e_ 4,r" t fir- 1 s C Cn itrpC or to the contra 't price t1 F1"C10T. e�ec�rtract.or a �s �r� �r z,111 t,.)r an-d wz , -;:r4s v 7 d -or furr,zsk. d to be used .in the niakl c: FtYCIl: 'jslroT C3i _ 2i �:` < r C3^r.e cr 'Arn?shed for birn, or his 8 t, :.; -. -, �`S!` .... �..f. J..; .. -:: . . { .�_;.: ♦" s' fie (;-�� ?, !'iV P i,� 11i IaV.0. .0 'U., C:.,. i.sLLC.1- Cr �"'� -aJ<, _..), U1 G—L l.i iL_ of'ihe 'oft, tso-mucf1 s ay :txasarT e, a #abor'ers ex ; materra1 lea, ca'r amounts due them for work done or m1tc�a�s � set � 1wni%ed -to be used t1�'tne �erioz 11"all e of this contrr,.ct and the' doing of said work, and -tr�aa1:sreri , sting �s CitY,u ensurer "#r1a y retain nottey colic ted frorrl_ Property owncrs assess,Ced lnr i aprorezacat in pay fro -,vs that they have k. i jo teraa� Ott the stye i a sides vt,. 1: 1 * ' r sc€t��- #c� the £ermd " t eontsa on er - e e .fine #or the Gosn tion of e a �i. e erzAcd n wri i g c' 2trp 1?oard PW-7 Woi ls: nd 3t s .agreed that any :such e� len-ion of x1#n- ar a^v �fe �.tioh`of this:c iitriett tar -�; the `mansie o� rleth- o$ of doing juch work. shal# a4up way s duties, l gatirn s. r "iiabtTtti s of the contractor or lris sure- tiCs, it is agreed ``that tine contractor�Aali hot �ms}gn this cor±try t;'o� sub -let the work or any part thereof to =.-AwAoil tereundex,'ty;*hog t the it-Qn Ot t of the :i oard A P 1a�ic Works.' ' Ix 'fus es agreed and stipoe'-3 i1.Pt IL C. ;�..Ctor ,hair n1 e;to residents of said city and. county elefCnce4n the ' r ex�pytna .D <ii la'. et �gFsar. t 1 �t,P rcrfor:,r ance of this contract; and falling to do so, Sfia4._t0feit t6;*he ;of ten d311 s ft h fs ilur_ to observe this stipulation. Kit$ on the a izla�c° f a �Y �i_rr a-�� corditiors of this contracts and things to be. done and` l!Crio idied"by-said oDntraaor a sa d.0 City gees $o ca.use tfe wst oI doing such work to be assessed, col- lectad`e.nd pald.to said tract,&rin t'hemal7nerfixed the st ttite governing the makin of such: isnfarove- ment8. To each, of the conditions anal ons. of ois contra..t, iacludirw all and singvar •th_e rovisions and terms:.Of the plans,.pioiile, specifications aj;d soitztian zfforesat�Ah.e xra <raif;ne3 binds. Vimself: or itself, rCaeective silli cssor or asp ins o� s r+ 109rt �s - In -Testimony Wheredf,$ We, the, -foregoing named parties, hereunto - : set _ our hands _this 31st. day s�f An�ist 1920. ,. CITY OF S6UTH BEND, INDIANA. >-:;. HIGHWAYS MATERIALS CO. HARVEY F. ROSTISER _ By M. T. Calef, JOHN F. DEHAVEN V. Prest. Contractor,- Its r3oardof Public Works. ..... c©NSTIRUCTIO l ' Bonn Know ad -men by -That! we.:__... _,. of the County. pal, and , .All o s...-.. ._: Han= -onj �L _A---0 cP ._........... A .�. ..... awuaaaaas:aawsaaa:aaa:::::au of the.Co,unty ----- ---------- -- - ---.. __iand, State of.... .. assureties, are held and'firmly bound to the City of: South Bend; Indiana, in the aunt_Tz Q R'hQus __ in�__l unared__a_nd- thirteen-�--- ....... _____....� 11a,� 2,913.00) for the payment of which, well and ;truly to be made, we jointly and severally =bind ourmilves, oile j 3;°i!, executors, adminstrators and assigns, firmly, by these presetfii The conditions of the obligation are such that if the ?boys n}tried..:................:::..:..::::.:... Ni�hwa s Materials Company --� --- — --- --- .shalf faithfully comply with the foregoing coYYtYact,` trla andgntered i}�to the t � �__ da: pC. ,� AVE ust 1g20. ..,1 i�rath1e Car o youth 'fendidrris anc4 stipulations therein contained:: ecfxiditig to the ;true intent .arid meai�aeQ� in ail respects than tb1•s ligation to. be void, otherwise o:he t'etn n, iti full force d yrrt e la i�a tkte eve. F:, he said %tt =,shall aktsnd the time for the colnptlo_ of said wc3r1, such extensiont"in any. usray 'ielease the sureties on this bond, Th1s is l be a cot stxuEtzon band, an& the sureties.on the same shall not be held responsible 'for -the maintenance and regafr:�# tile_ improvernenf af#eF;it has been accepted bX the,second party, But such suretit t. shall be held responsible`for the fait' Ful compliance with all ether eonditior_s; stipulations olio requirelnezl#s. hared fly br set out in the . contract: WITNESS Our hands. and seals this....., ..�lsta......,,,,,,day �� : ,_ August 1920. 19._.,,. A �,� Hi was ? a e Is Co �..,. ::. ... l ....> .................... ($LAB) �_.,, /.. - 1st �'11p above ,bond approved this.. 3„„,....,.„w,..,,•,.,,=irI�20,9 « . .'-ROSTISER = _ .................a...«..... Board of Pub l e . Vtio&t: State of Indiana ) ' St. Joseph County. ) SS I. Geo. A. Harrop swear' that 'I own real estate ixi St. Joseph County, State of Indiana, of which I am possessed in fee simple -of the value of ' $6, 000 Dollars. over and above "my indebtedness and the exemption allowed me by law, as I believe sip help me Sod, Geo. A., Harrop Subser ibed and sworn to before me, the undersigned Notary Public this 31st. day of August 1920. My Commis ion expires July 20,1922. VERONICA C. SWEENEY ( SEAL) Notary Public STiiTE OF INDIANA ST. JOSEPH COUNTY )SS I, M., T. Calef, 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: $2,500.00 Dollars over and above my indebtedness and the exmmption allowed me bylaw, as I believe so help -me uod. M. _ T. CA.LEF Subscr ibsd and sworn to before me, the undersigned Notary Public this 31st. day of August 1920. Witness my hand and off ieal seal. Veronica. C. Sweeney My Commission expires July 20,1922. Notary Public