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05/17/1921 Board of Public Works Minutes
for an 18 ft -, improvehient on Ewing'Avenue ix the City of South, Badd as seat forth in petit924n o OtJ6 . Knoblock and others filed �pbril �6t�i., J921 and amended on May 9th., the oltowsng resolution was approve y t e oar WHEREAS, Otto M. Knbblock E. H. Miller, A.. J. Major and others did on April 16th.,.-192.1 , filed in:the office of the Auditor of St Jose pp Count ,.Indiana, t ei petition°for the im rovemgdnt of Bert in i hways under the provisions or an Act o tie State of Indiana a prode March 13ti,,99 pnd the the amendatory thereof,'which act is commonly known as, he Count Unit Road Ae a portion of which highways pro- ;posed to be improved being a street in the City of Routh Bend, Indiana, known as Ewing Avenue and set forth in -said petition and the amendment to said petition filed on May- 9th., 1921, reference to which is hereby made for certainty, and WHEREAS Section 37 of the the said Hi hway Act, a proved March 13th. 1 1 , provides that no street in any incorporated City shal� be im roved under the pro- v s ons of that Act without the consent of the Board of Public'Wores of such City, NOW, THEREFORE, -BE IT RESOLVED,that the Board of Public Works of the. City of South Bend, Indiana, hereby consents to the improvement of said Ewing Avenue in the Ci$ry of South Bend Indiana , without cost to the City of South Bend as set forth in said petition of Otto M..Knoblock and others filed April 116th., 1921, and,amended,on May 9th.0 1921 and that a certified copy of this resolution shallbe filed in the office of the Auditor of St. Joseph County, Indiana, and entered upon the records of the Board of County Commissioners. Mr. Chas. A. Cole representing H.-A. Wood Realty Company appeared before the Board in regard to water taps on streets in Marquette Park Mr. Cole advised to take this matter up with the Water -Department. Dr. E..'G. Freyermuth.appeared before the Board and, requested that a new desk.or an extra desk now in the City Hall be. placed in the U. S. Health Clinic. The Board ordered that no furniture would be purchased for the Clinic. Complaint -filed by Mr. Rostiser about broken curb at Vassar Avenue and Woodward Avenue. Same referred to the Street Commissioner to be repaired. Petition received for pipe sewer on South llth Street betwee4 1150 ft. s.ou h of Center dfL.Mighawa a Avenue to St. Joe. River. also communication attache rom B. Myers. Same read and,placed on fire. Cit En eer took u tt e m ttt r of 8enter_Street p vement wit th`tie Board as.: to Nether or ' �t g ewall�s s ORA e �ef'� or to wt rvemen� �`rom proper y ine to property line. The oar a reea to have pavement impro eme t put n just as,the the 'street is at the present time with sidewalks. The Beard instructed the`City Engineer to prepare a resolution for the resurfacing of Hu. son Avenue from Riverside Dive to Portage Avenue. Complaint about telephone pole in rear of 421 Sherman Avenue to the ropert y line. T}g�is is a Home Tel. Company, pole used jointly with the Indiana & Mieh lee. Co. No. 3016. This ppole should be rest to the north about 15 feet to the dividing line between properties 100 ft. south from the alley corner. Same approved. Communication received from W. R. Staples with statement for walk put in at corner of Hudson Avenue and Woodward Avenue for the amount of $6.75. Same referred to the City Engineer. Petition filed as follows by the Studebaker Corporation and resolutions ordered... Vacation of alley between Lots 16 & 17 Elliott Tutt's Add. between'' Tutt and Dunhams Streets. Vacation of Dunham Street between Prairie Avenue and East end of Dunham Street. Vacation of Fisher Street between Prairie Avenue and East end;of .Street. Vacation of alley from Tutt Street and Fisher Street between Lots 24,25927 ,28 of Elliott's Tutt's Addition and lots 7,8,11,12,15,16,19,20,21 in 'George W. Swygart's Suv-Division. Permission granted the Indiana Bell Tel. Co. to set pole 10east to property line in alley between South Pulaski Street and Kosciusko Street. Permission granted the Indiana Bell Tel. Coy, to set five poles, from Michigan Street to Geo'. D'. Smith resident on Donmoyer Avenue. Petition received for are light on North )'Brien Street at corner. of L.W. West and on 0tBrien and Vassar Avenue, same referred to Beaning. i Renewal certificate of Bruno De Paepe for One Thousand ($1,000.00) Dollar bond approved by the Board. Tuesday �1 to °Dubsl Avenue. Resolution ordered for sewer -on Carroll Street from Indiana Averna,e Written remonstrance filed by rnopertynowners on Harris Street rStj�;%nt$y Ford Street on account of the lowest bidder being unreasonable and'to high until next year. Game read and placed._ P titi`p i.led fo rade on a 1 st L la d Avenue froin Navarre Street to Marion S�reet., Me referred ��' ��ie C�Ty zngineer. Codm J t'f�'led abou� ole inside,%f sidewalk at S. E, corner of Division'Street an ows treet, a referre o Beaning for report Park lights for es�JJQ J� ftred the Tn&isna & Minh. Elea. Co. to turn on all Board•o.rdered two 100 C. P, lights put in 61 St. Joseph 's Church , on -Hill Street, the same type as'on La Salle Avenue. Board ordered one new truck for the City Hall garage. 8. E. The Board ordered sidewalk and curb repaired at corner of Brookfiled and' Huron Street.:- City to -pay for the same The fowadopted by the Board., STREET OR ALLEY IMPROVEMENT RESOLUTION No.:a79• s Be It Resolved the Board Vf Public'Works of th Cityof South Bend St'. Joseph County, State of Ind�Kna, that it -is desired and deemed necessary to improve. Milton: Street from Michigan Street to Fellows Street as follows, to -wit Said street shall be graded and the roadway thereof shall be paved; and also the roedwayy or certain -portions of the streets and alleys which enter or _intersect said street shall be graded and paved. The ppawing material to be used in making ,said improvement shall -.be sheet asphalt, bitulithic, asph is concrete or brick, and'the foundation shall be portland cement concrete six4tO inches thick q the sheet asphalt bitulithic asphaltic concrete a d brick, or rolled gravel six inches thick for the b irk also cement. curb shall a constructed alo said =street where same is not a reaay constructed storm water inlets and conndl to shall be constructed where necessary; all storm ster in11e nd manhole t ps hs.111 be ,set to the proper rode; cement,margi,n&' curb sha�1� �e constructeod ali� at street and alley intersections where -necessary, all as is more particularly shown and all in accordance with the plans, rofiles detail drawin s and s ecificatio son file in the office of the Department of Pubic Works of the City o South Ben , Indiana. The 04 i 1de - eQt hm*ft Wovided ftr. emoept streat, and .alley intereeed 3fialr be pa ff bby. special kataftment, to be levied upon the prop ty.rpacirFly benefitted, to tfie amount that the same maybe ally nsseseeti therefgr, in aecord1fiee *it3 an Aet of the General Assembly of the State of Indiana,. entitled " "'An. Act Coaeerntng idun'cipal Gorporatioi,s," approYed March 6, 1905, and is aeeordence with and purse"t f - to thus yro siiopa Of sll, aaLS 'amendato y sod sog,3i dal ihmmto. Tis cage Of all 63r"t a► slbe!' patetsAetiOlss, tatiQdir� one-half of thA sri�itb P1 the iA1p*owe r+i ' " welt street a�i alleys which -run imi la abet do not eross, said roadway bw*tu l ropos b0 it Prs %p ftt ` portion of gift street -or alie3� atentf ng aeon property belonging to acid CiLY. �r open g.ope'ty Apo% •Eft ?aCt 79 isn sesegs*eat. aball-be paid by #be City is cash oat of its. general LTlnd: if able to do pq, @s!. lreg} atei Dy, s s*ae i assessmentt4 be ipsvied nader the proviatono of Section 109 of the gbeve sAittled A0- tad dbilari aW ' nior6 agahma each -lot, if deforred, are to be Ind tu tea sgaa iltai2ttehts, yet tercet pt the ratb of Sin gar cent per aaaura, A . ►mtd :o'r bcmgta *ill be 1*R d .fie 1ka igwww'to at �R"-at itch 49ceired aaoees ; im Pro rate, ipayaent for such . imprm*=ent. 77 �?► Roan°ea sea#1 the cltT atlfl Bead be,. or fie held ter any sum or cams due paolrtIpeeps; or ownerg for .said work, or ter the eallection of the' -game, or, for the payment of say hood+ bands, rtifigate ..or ce;ttficsteg. ibsued•,to` said e^ntractor .In payment %cr such work, except for imek moneys as sha$ Dave aetna4ly, been- received by - the- City from the assessmenti for such f rovemeat, or sAt* moaeyrt as said C�tY;•1s ijy #laid entitled-'Aet and` amendment and. supplements thereto required to pay. ' Droeoedinga had, and yrork ;130ne in the making of said improvement, asse�ment of property, Collection se'-sutra?$ and?ia tanMe of . nc� . therefor ff`-.be y ovide tar -In � above entitled Act, and Aets sane - � ski taaz+p3evnea� tixasete. ,._ • s LRTLSQLVEB, 3`hbt the hoard Of Pt+ -T'e. works.;fix t2i8. ...�,.a . t . ► . a : �3 r .► n I t, .4♦ f -,.e hourof 7 5 P. M., at the o`: lm of tb@ ROAM of P►it N t G4orks, of th7g� Guy,-_ s tXeY4iF*9 +eta$ p ee,i'or the,. public co i�ar-,tion of said pi onosed improve t{ t!t: at, ril16 said $'lord `of`PubitG Works ixlF�.. ell,perioz ;into+es"red or :wl� se property is liable to be d=sorted #dP 91!t1 ovf�ment, and �t�ll Cecida ��P '?ex ,the. be�flflte to°`the .pros arty liatle.'to be assessed for @�ttt #ihhi`a bLl6iit will eaudl the 'estlrml d; c _;t rho; ecef BB IT FURTH r FOLI'tiD, Tint notiee.-of the -tlrne :a'nd place of 'rvch public . col viftratt@ii be t& lishod and MP4led t $ m Apr prnvi �d fiy, law., Noy of thi aI don shall be publishad on th@..a Gth dsy of. . -AMY hand ©n the .2��i}�.�ay of; .May. .1 � 19,: ., in the South 11®ild Da MewsTimesedopted cfiia.....:...1., ,..... e, a�..... , . May..1921•......... ,�...... BOARD -OF PUBLIC WORKS G. A. ELLIOTT Atte.sted:- A. F. ROSTISER Veronica C. Sweeney` JOHN F. DEHAVEN Clerk of the Board. -. O J 1921 Continued. I'Vesolution for Service Connections with Mairls No. 877 WHEREAS, the Board of Public Works on the .. 4t'h.'... day of ..... Ma.y 1`}2'1.; 192 did alopt a resolution ordering and requiring the permanent improvement of X&Jn. Street.... .....: ... Street from ........ TAd?:>` M . AV A.nA0St7@X to .. F4WAIL9. ASTonwo Street, by paving the roadway the same, and WHEREAS, the City Civil Engineer has prepared and filed in the office of this Board a report showing the number and location of the service pipes, mains, conduits, laterals, and connections which are, or will be necessary to accommcebte the abutting - property and the owners thereof with gas, water, sewer, and other conveniences and necessaries: and alto said City GiviI Engineer has prepared and filed in said office specifications showing the. material . to be -used and the maner of laying said service pipes mains, conduits, laterals and connections from the mains to the points in- side the curb lines. THEREFORE, be it resolved by the Board of Public Werkes of the City of South Bend, Indiana, that the report of the City Civil Engineer is adapted, and sa'd rercrt ar.d the specificatiors 'prepared and filed by him are made a part of this resolution as fully and effectually as if copied herein at full length; and it is fur- ther ordered t%at all of such private connections with the sewer, gas, and water mains -be made in said street by bringing ahem 'inside the curb lines thereof.. And be it further resolved that notice by publication far two successive days in South Bend , a newspaper orgeneral circulation . printed and publ shed in the City of South Bend Indiana, be given to the owners of the property abutting upon said street to be improved directing them to make such sewer and water connections on or before the I oth day of ll I 192 --, and that if said connections are not made on or before said' time and in accordance with the speci- fications and report on file in the office of the Board of the Public Works, then said Board will cause the same to be made and will asses the cost thereof against the property abutting r:pcn said street, and shall do all other things pertaining thereto according to the provisions and requirrr.ents cf Ordinance No. 1842 adopted by the Common Council cf the City of South Bend on Jely 24, 1916, and cf F11 cth(r ordinances and law relating thereto. And, be it further resolved ' and ordered that after the 20 day period has elapsed fcr the making cf said connection by the property owners, a notice shall be published for two weeks, once each week, in the South Bend , a newspaper of general circulation publ'shd in' said city, requesting bids from contraetors for the making of such connections; as have not been made by < -the property ov,ners, and such notice shall fix a day, not earlier than ten days after the first of such -publications, when bids shah be opened and a contract . let for the doing of said work. And be it further ordered that the Northern Indiana Gas and Electric Ccrrpar,y, "hich holds a fran. chise from, and is en»wurel by said city to furnish artificial gas to the citizens thereof, and is engaged in said bmin53s is ssii city, is h:ra')y directed to make and install all service connections with its mains in said Street in accordance with the provisions of Ordinance No. 1555 adopted June 27 1910 and such other ordi- nances or laws applicable thereto; %hick connections rre shcmn trcn the repcit cf tle City Civil Engineer, and which are hereby declared to be necessary in supplying gas to the owner of property abutting upon said street. Adodted this 17th - day of Y ,192� t Resolution for Service Connections vvith Mairls No. She i WHEREAS, the Board of Public Works on the 4th ... , day of May..192L, 92 did alopt a resolution ordering and requiring the permanent improvement of Street from .....St. LOu3..........Street to.. St.. . P.e e7r 4 Street, by paving the roadway the same, and WHEREAS, the City: Civil Engineer has prepared andfile4i9"ihe office of this Board a n pert shoo r,g the r,un,l rr ai cI location of the service pipes, mains, conduits, laterals, and connections which are, or will be rn: c s e tc e(cc n n c': tc L11, abutting property and the owners thereof with gas, water, sewer, and other convenience: rr.d ncc :s r'er: and al:o said City Givil Engineer has prepared and filed in said office specifications showing the rnatcr al (o be used and the maner of laying said service pipes mains, conduits, laterals and connections from the mains to the p:;ias in_ side the curb lines. THEREFORE, be it resolved by the Board of Public Workes of the City of South Bend, hdi�:na, that the report of the City Civil Engineer is adopted, and sa'd report and the specifications prepared an I f I d by him are made a part of this resolution as fully and effectually as if copied herein at full lengti ; and it is fur- they ordered that all of such . private connections with the sewer, gas, and water mains be made in saidstrer t by bringing them inside . the curb lines thereof. And be it- further resolved that notice by publication for two successive days in s;,u+h 17erd Tribune , a newspaper of general circulation printed and a,,. .,, publshed in the City of stlr r;�,Ed Indiana, be given to.the owners of the property abutting upon said street to be improved directinn them. tc make such sewer and water connections on or before the 10th day of tune �921 192 —, and that if said connections are not made on or before said time and in accordance with tf.c spec:- fications and report on file in the office of the Board of the Public Works, then said Board will cause t e s r e to be made and will asses the cost thereof against the property abutting upon said street, and shall eJ riI other things pertaining thereto according to the provisions and requirments of Ordinance No. 1842 ac.oj ted by the Common Council of the City of South Bend on July 24, - 1916, and of all other ordinances ane L.c, relating thereto. And, be it further resolved' and ordered that after the 20 day period has elapsed for the making of sad connection by the property owners, a notice shall be published for two weeks, once each - week, :in t� r: South Bend Tribune a newspaper of general circulation publ'shd in said city; requesting bids from contractors for the making of such connections as have not been made by the -property owners, and such notice shall fix a day, not earlier than ten days after the first of such publications, when bids shaIr be opened and a contract let for the doing of said work. And be it further ordered that -the Northern Indiana Gas and Electric Company, which holds a fran chise from, and is en?owarel by said city to furnish artificial gas to the citizens thereof, and is engaged in said business in sai I city, is hereby ' directed to make and install all service connections with its mains in said Street in accordance with, the. provisions of Ordinance No. 1555 adopted June 27 1910 :and such other ordi- nances or laws applicable thereto; which connections 'are ehcHn upon the report of the City Civil Engineer, and which are hereby declared to be necessary in supplying gas to the owner of property abutting upon said street. Adodted this 1$t,h. day of M&Y 1A21 192 Expiration of time Jule 10 -1921. G. A. ELLIOTT Adv, May 20th. and 27th.9 1921. News -Times; JOHN�F. DEHAVEN 7-7 .43, Tue day May 17th.2 1921. Continued. SIDE" ALK 114PROVDAE TT RESOLUTION NO. 880. Resolved by the Board of Public Works of the City of South Bend, St. Joseph County State of Indiana That it is desired'and deemed.necessa y to improve Duey Avenue from South Bend Avenue to the north end of Duey Street as folf ows , tow3 t: - Said avenue shall be graded from property line to pro art 11nw to the 'established grade, cement curb and cement,walk shall be constructed on bo h sdes of said avenue where same is necessary and not lready construct, all as is more particularl3� shvna n and all in ccord ce w3th the ans pprofiles: detail drawin s and specification on file in the office of -the Department of Public Works. of .the City 9f South Bezid, Indiana . a The cost of said improvement , including the cost of street and alley intersections shall be assessed upon the real estate.a butting n said Duey Avenue all accordAng to the methos andmannerprovided 'for in pan Act of the General Assembly of the.'St to of Indians. entitled ".An Act Concernih Municipal Corporations " approved March 691905, and alf in accordance with and urU, ant.to the provisions off' all amendatory and supplemental acts thereto, passed b° the Genera-1 Assembly of the State .of:Indiena. Assessments, id deferred, are to be paid in hen equal annual installments , with interest at the rate of six per cent per annum. A bond or bonds shall be issued to the contractor in payment of such Work unless the property ownrs pay said assessments before sadd bnd a or bonds are issued. Under no circumstances shallthe City of South Bend, be, or beheld responsible for any sum or ums due from said prbperty owner or owners for said work or for; the collection of the same, or for the payment of any bond, bonds, certificate or eerti- eicates, issued to said contract in payment for such -world, except for such moneys, as shall l have been actually received by the City from theassessments for such improv ement ar such moneys as said Cily is by said above enemtitled acts°required to pay..All proceedings had,19 and work dne in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above ektitledll act and amendments thereto. Notice of this resolution shall be published on the 20th. day of May 1921 and on the 27th. day bf May 19219 in the South Bend Daily Times. This Board will ive a hearing on this resolution in its office in the City Hall on the°15th. day of June f921. at 7:15 P.M. Adopted this 17th. day of May 1921. i G. A. ELLIOTT BOARD OF PUBLIC WORKS H. F. ROSTISER - ° JOHN F. DEHAVEN Attested: Veronica C. Sweeney ' Clerk of the Board. -SIDEWALK IMPROVEMENT RESOLUTION NO. 881. Resolved b the Board iff Public Works of the Cityof Southh'Bend,. St. Joseph County, State -of Inddiana, That it is deeMed necessary to improve Elmer Street from Keller Street to the north line of Maya s Michigan. Avenue Addition as follows, towwit:- Said street shall be -'graded from property line to property line to the established grade, cement curb and cement sidewalk shall be Instructed o�h both sides_ of said street when -some. °ia M60easury and not already constructed, all as is more particularly shown -and- -&11 -in °ac°c°ordance with the plans, profiles detail drawing s and spelifications on file of the Office of the Department of Public 'forks of the Ci€y of South Bend, Indiana, in accordance with�the plans, etail drawings and speefications,,on file in the office of the Department of the Board of Public Works of said City; and such' improvement 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 Elmer Street all accordn to the method and -manner provided for in an Act of the General Assembly of the State o Indiana, entitled Act Concerning Municipal. Corporations, " approved March 6 1.905, and in accordance with the pursuant to the provisions of all amendatory and supple- mental acts thereto, passed by the General Assembly of the State of Indiana. Assessments, if deferred, are to be paid in ten equal annual:installments, with interest at the .rate of Six per cent per annum. A bond or bonds shall be issued to the contractor in payment for 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 property owner or owners for said work or for the collection of the same, ar for the payment of any bond , bonds, certificate or certificates, issued to said contractor in payment for such work , except.for such moneys as shall have been actuall received by the City from the assessments for such improvement, or such moneys as said City, is by said above entitled Act required to pa . All proceedings had, and work done in the11 making of said improvement, assessment or pro perty, c011ection of assessments and issuance of bonds, therefor, shall be asprovided for in said above entitled Act and amendments thereto. Notice of this resolution shall be published on the 20th. day of May 1921 and on the 27th. day of May 1921 in the South Bend Evening News Times. This Board will Me a h.s iin n this resolution in its office in the City Hall on the 15th. day of June 9921at eJ.5.1. Adopted this 17th. day of May 1921. BOARD OF PUBLIC WORKS. G. A. ELLIOTT Attested:- H. F. ROSTISER Veronica C. Sweeney. JOHN F. DFHAVEN Clerk of Board. Tuesday Ma 17th. 1921. Continued.�r,,. COPY OF -.VACATION RESOLUTION NO. 57,i921* es lv d b the, Bo ar of li W rks f th Ci of S nth ena Indiana: $t it is 9es ra r� Q vaea e e fo own 4 F' sRer 5�reetyfrom air e A enue to e east et a tsao Sre s erSStreet. A soi tea e ll in between � 4 o s er o P t eet A.s t 1 is $etwe nororn Jam ree e an wean o s rom s er ree o am ree e a n e weep os r ms er1,1ree ree• fisoo.l. to am ee so; ajjge'��J 44 � t e- I � eween ots: � 21 I from Fisher Street to Sam a Street. all i Swy a t s Sub -Div slop. soy the 11le. 1 jjn b wee. 1 to 77& 228 in w tt Su ivjsii n an thhe ll 1 e tieiw enyLo s & 5 n E Iiott Tutt s � rd t on rom Tut street to t Mr. Net >Street. A1sfs%h nt Ali tQ t ' om Dunham Street to Tutt Street, o The followin pproperty may be injuriousl or beneficially effected by such. vacation: All of a k t o N 64 0 e b e t d bbike oration. 0 o s �,11}, 8.,� and n I of u t s ration the Studebaker #orpora�ion. d' All of lots 1,293 4,5 6 798 9 10,11,12,13 14,15 16 17 18,19,20,21,22 23, 24,25,26,27,and 28 in Swygart s 9t D1v1sion...Ovned by he Studebaker Corporation. Notice of 'this resolution shell be published on the 24th. day of May 1921 and on the 31st. day of May 1921 in the South Bend Daily Times, This Board, at its office in the City Hall oti the 15th.eday of June 1921 - at 7,,15 P.M. wily hear and receive remonstrance from ail persons interested An or affected by these proceedings:. Adopted this 2Oth.. dsy of May 1921. BOARD OF PUBLIC YrORKS G. A. EhLIOTT- HARVEY F. ROSTISER Attested**-'JOFiN F. DEHAVEN Veronica C. Sweeney, Clerk of the Board. The Board eti gned u resolution for water connections on Harris Str et from DDiiviision S e t to and pp nk.Railway and Clerk i structed o hold same up ror ardvertia ng un avemenG, reso utlon for same street fs approve d, The following bonds and contracts were approved by the Board. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this llth. day of May 1921 by and between John Beyrer of three County of St. Joseph, and State of Indiana, Mhereinafter referted to as the Contractor ),, a d the Ciity of ggouthh B red, it the Af St. „Joseph and State of Indk na, b' an througgh its Board o' Public works t. Ef r t s he Ci u�}d r b� virt e o f a c o the G eras ssemol � o ' :,fie a e• o� Nnd aria, es t �d c Cbncerr n bdun ci orpora� ons, approved Maroh 6,1905, and all amendatory and supplemental acts there W t esse the•, hhe a ntracto a �a to and a ees to ade curb dole T lfth Streer.om s t taee� to North glee fi1vd. in a Cityt South In Etta, a an or t e offow�ng prices. ' 2150 lin. ft. ourbin per lin ft....................$4 5 3180 cu. yds. of grading per cu. yd...... 9 and to perform all work in the prosecution of said improvement under and according to the teWns atxin- ditions of improvement Resolution No...�,.�_Q_______, adopted by the Board of Public Works_ 2 and the plans, profile and specificationson file in the office of the Department of Public Works, .which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work aH proper skill and care will be exercised; that he 7r;ll proper?v ;r *and p- ot�ct : �i excavations and dangerous places, and will use all due and roper precaution to reve it i:i u. *,, -n person or 7cnt P P P J 'Y Y P p.. rty ; that in,the event ol any injury or damage resulting from the wore: or res+iltirg from a.- matte i y r or thing •connected therewith or ar sing therefrom, to any person or property, he yell pay ar.z liquidate the same at his own expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account. of or growing out of s -d work or its construction,. the said contractor will at his own expense defend the same, and will pay any judgment recovered -therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all Lost,. expense, payment or judgment recovered in connection with such .claim or claims, action or actions. And if within ten Jaya after any such action is begun, the city shall notify the contractor of the pendency thereof., :'hell asy judgment readered against the city shall be conclusive against the contractor and against dw surety bi0 cautruction bond, as to the amount, liability and other,matters pert&Wug.thereto. ? 435: Tuesday May 17th'j 1921..Cohtinued. And the contractor agrees to maintain said us�fioven�cnt, d t "fir a sii- 1� repairs a >mwy i.yc - scary the et4od a In the tnanhit a fixed by the s»}cilk tiont; ane� _a s4� tre i }a }3laintenaric a and repair thereo' 1;A a With` bard of"Publi� Worki a bona �v;t>h sufficient sitt ty thereon and itl ati a[inount as fixed by ;he spoeificatio"A; rid in doing such rep*ir work the contractor and' ''the surety on his guarantee bond shill be subject to th® wine liability to the city and any oth,er'person for any +njury or dainagt to any pere ,, ,. or prop arty in the 54 a manner and to the same extent a:s `is' fixed in the last preceding paragraph covering the con- struction wa"r, And it;is u?ther agreed by and between said r-xrt ,`es that tl}e .s.cceptance of the work provided for in this contract, or the payment th.:rcof, shall not constitute a waiver e:l the part of the city of any of the provis- iota of this contract, nor'shall it rJea.ic said contractor or the stir�tres on his bond for fhe faithful perform - ante thereof; nor shrill fhe acceptance be ,pprima faci� evidence of the iserfQrniwnce of, any provision of this contract, except to the extent of entitling the eontraotor to the Gopifi ct`price,therefor; .The contractoragreesto pay for all labor and ms,terials used Or furntsiied' to be used in the making of such improveme:it.aind in the performance of this contract; whethr`doht' ;or fiirntAia :for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowanc < in-ade, on any estimate in favor of the contractor or 1" assigns, or out. of the aniouilt due him. im h or is'assigris,,upon the ,completion of the work, so much as mai, cetsary to pay all laborers 6t , inateria� t4ieri 'for ' Arri nts due them for work done or materials used or curnished to be used in the peffoxffii , of .t iia &&ia6t and the doing of said work, and'the vountY treasurer, acting as city, treasurer, riffs. tet'"trim money, Coflected from property owners assessed for said improvement to pay such debts or until the contractor ihoi4i that they have been paid or satisfied The contra 'or agrees to remo,' all rubbish, earth, and unused.material in the struts or sidos therms: upon the completion'of the improvement or the repairing thereof.,: r The work of making such improvement shall be conlpleied #cording to the terms of. this contract on or before the ................ -- -- ------ -daY of.:: .:. Y . S ........., 19 ......, unless the time for the completion of the sa: e shall be exte*ided' jrt writi jg b the $oard of Public Works. ° And it is agreed that any such e_rten-ion of tune; or any alteration of this:centraci or'nf,t a ttlanAe;•ar meth- od of doing such work shall in no way affect the duties, obligations or,liAbilities of the contractor or his, sure- ties. , It is agreed that the contractor shall not ?.ssign this contract, or sub -let the work,or any part thereof to be done hereunder, without the writ. en co : nr- of the Board i f f',.h1iE Works It is further agreed and stipul ed thi t ' b contra �tor shall gyve to residents, of said city.., and county preference in the employment of all labor necessary in the performance of,thi ,core actand failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this: stipulation. And upon the performance of all the terms: and cpndif orts qf` tfirs.`cant'ract3 arid` trigs to be -done an?, performed by said contractor the said city agrees to cause the cost Ai dotrrg"Such 1vof .to be assessed col- lected and paid to said contractor in the manner finned by the statute g tgeriiin the mak' of such improve- raents. x To each of the conditions and stipulations of this contract, rricluding all and tingillar the provisions and terms of the plans, profile, specification and resolution aforesaid, the.;'uizder$r ned'birids'himseli or itself; and the respective successor or assigns of such "parties: In Testimony Whereof, `W& the 'fore;ging 'named pasties,' hereunto set our hands this 16th. lay of'May 192� JORN BEMR Cl ntrac to r City of South'Bands lIndiana. G. A. ELLIOTT , H. F. ROSTISER JOHN F. , DEHAVEN.. , , , .... Its Board of Public Works. CONSTRUC-41-10N BOND 1{ �L.v all k-sea by tia� .e gavesents. That we ............ ... f 01A..B-64MAT .................. ...................... ................... of the County -Cif- Sub.- JoS6Pk....................... State of.. ..............I dilauaa .-- A Frillct- pal, and--------------C .$� De Ererala-------- a>ad_.�Ismea._R.: Barer,............................... _..-,,,,,.,.,.., of the County of ............ .31A--- JQ-Sapb-•--------------- - add $ta►te Af., .......... 1'U.d 0'M ,,,,.,.}....., as sureties, are held and firmly bound. to the City of South Be!4 Ipd rya, in the sixm of..,. ..,...• .Q;n---Thousani,_-Three--- hundred--- (s 19314.00, for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors; adminstrators and assigns, firmly by these ptestitts_ The conditions of the obligation are such that if the tfp� named .............. ...................... .. ,, ., .�.� -...__-._..JOhA Beyrer------------------------------------- shall faithfully comply with the foregoing made and entered into the ............ ............. 6tif 1_u:.---- day of-----------•---------- •- 8 ..1921 19..... with the City of South Ber-d, Indian?. and shall fulfill a1P the conditions and stipulations therein contained according to the true intent and rmeaiing thereof, in all resp -ts, then this obligation to be void, otherwisF- io be and remain in fall force and virtue in law. In the eve. the said City shall extend the time for th- completion of said work, such extension shall not in any way release. the, sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait'ful compliance with_a.11 other conditions, stimulations and renu;rements covered by or set out in the contract. WITNESS our handy - and- sear-this=......•----.16t1lo........day of--- ...._May:... . R ....., 19.... .. JOHN BEYRER • ..._.�_._,_..--...... _............ _._.,.F�EAL) G� R� J��''�E$............. --•-•- _(SEAL) j EAj-) sl ! +: ......... ---- ---($VAL) The above bond approved tylls_ .. ]. t} ;,. ,day of .................... May---.1�21 • ..,'<9.. ..:, ................- ,-------- N� ---- F RDRTTAE8 JOHN F. IEHAVEN Board of Public N'Corfcs 4 36- Tuesday May 17th., 1921.Continued. AFFIDAVITS FOR PERSONAL SURETIES; -STATE OF MMIAtFA SIT. JOSEPH' COUNTY u , ss ate of Indiana; CofH PehFfeaaest,posgessehetii ee s mpleso t� a vS ueJo eph Dol ars over and above my)in to css and t e exemption a, owe me b law, as, believe, so held me God, y f bsc b d and sworn to before me, the undersigned Notary Public this 16th day of may 2 MY COmissionaa Expires Feb. 13,1923 V. Wo, DEPRESS Notary, STATE OF INDMA3SS ST. JOSEPH COUNTY it James 8 BBe rer swear th t I own real estat4 in St. Joseph u t , ggtat of Indianan of which m p®raessec i fee simple of tge value of 1.�0 Dolars over and.abQve my i�tebted$ess sa the exemption allowed me so eld me God: by law this 16th. dad of Mai �yribed and sworn to before me, the undersigned Notary Public My Commissionexpires Fab, 13,1923. V. W. DEFBEES Notary Public PUBLIC IMPROVMENT CONTRACT. THIS G rlER' A EKENT THI 11 h d o a Y 21 y and b tween Barr � a o �e �ou�,�-a!PSIX"ati osepp� and Sta��' o� �n�iaRa, her isa t r ern d "to a t e, g acto�he C t of Sou h i th ouny o �. ,osep, andta ofnnria�a, : b rouggr its Boar ofBuIi corks hereinafter referred tows the Cit tJ uVder aid by virtu• of an Act of the General Iss0ell cif t�o S of IIud a t t dAn c Con "e ninMisi al Corporations, apprearc 6� � aied a amends ory and supp emen a� ac�s ere o: s o�v�i�u,e ° a e �4�f r that jh�,,c�ztraeto 1dwlRini, go tannsAVen agrees, er°Improvemexgn 4800 aq --ft,4. cement walk per sq . ft................. ... .14 11to perf®rt3( all w 1t In the prosecution of ssii itnlrovemtnt under and according to the terms arA Cpn. ditt®ns df Telprovemei t i aAh Lion N�.... . , adopted by the Board of Public Works..... arak .�9,1.921. and the Platt , roflle tirld Debi catiana •n ii n the office of the Department of Public Woks, which aid 1e8 11#tlnili`.p1a #r' td�. ipeciiicitiohs art made a part hereof ad fully aid effectual! as if eo ie set out herein atu11 length. Y p d--and The contractor further expressly covenants and agrees that in the prosecution of said work All proper skill and care will be exercised; that he -Fill properly, : •�� � and p• of^ct all excavations and dangerous, plus, and will use all due and.pro?er precaution to prevent injury to :ny person or pro^.arty; that in the event �{ any lnjumor damage resulting from the work or resulting from a^v rratter or thing connected therewith or E ar[aing therefrom, to any person or property, he will pay and liquidate the sp_me at.his own ex sum@ the liability therefor;- and -in the -event of any claim or claims being made or and action or expense, b "- brought against the city by reason or on account of or growing out of said work or its construction contractor will at his own , theaiia expense defend the e same, and will pa��y any judgment recovered therein, and wiil�fn all respects fully indemnify and save harmless said city, its officers, agents or representatives from all goat exp@nee, Pa tt�ent or judgment recovered in connection with such claim or claims, action or actions, And within ten Pik after any such action is began, the city shall notify thecontractor of tie endenc th sty #ud�estt reedered against the city shag be conclusive against the contractor and s Y against the sq,er ea its Weatructim bond, as to th- amount, liability and other matters pertaining thereto, i'id the ®fltYact®€ agrees t6 maintain ®aid im rovoment Aral t7ake such repairs as may cz n c•: :;a,..,•: the Period a> d'ln the manner as fixed by the srtpcifications, and to secure aie waintenance and repair tht� A to fiwith 0a Board of Public Works a bond with suilicient surety thereon and in an amount as fixed b �? •� _>,P i cat!®n®, lend in doing such repair woof the contractor and the surer an his aabject to the sat a liability to the city and any other parson for any injury or datxia egtQ guarantee slant P arty in the ®ante manner and to the saute extent trs is fixed in the last: preceding psragragh. enve.ring. thepeonR strttcti®n work, And it is further agreed by and between "said'' r,),rt'%,s that the acceptance of the work .prow;dad for ii this contract, or the . paynteni thereof, P.hall not �onstitutc. e, waiver o:.i the. part of the city of any of the provis j®tt® �f'tltis d®nttact, nor -,shall it rleaae said_ contractor of the sureties opt his bond for the faithful erforin- once thereof, .nor shall the aeceptanee . be pprima facie evidence of the performance of an rovisiott r this' �nttact, except t® the ex>eut of entitlin the contractor to. the. contract price therefor. "y p the c®ntractot~ g'rees_ 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, whettier.done or furnished for him, or his agent, aa®tgtiee, suessor ar subcotttra�t®r; and 'the city Ynay`reserve out of any allowance made on any estimate ' in favor .®f the contrmuch So fir, t++c Rasigns . or out .of the amount due him or his assigns- of .the work, so, much as turn : _ ers or mate upon thz completion dotte or materials usod. or iaratsh to be all ba the performance of: th sor riai men or amoUjitS L due contmet and them for said woA and :the count - trots�irer, ac as ,city. treasurer, ma retain} money collected from pz operty 9 ®wnera assessed for' said its toyument tomy_ such: debts or :until the contractor shows that they have: been paid or tati$fied C J _ - 437- Tiiandr,r Ma v 17tb.. 1921s •;Continued. Tze coitta o f agrees to remo• _e all rubbish, earth, and unused material;in the streets or sides thereof upon the confpktion' of the improvement or the repairing thereof. The work of making. Such improvement shall be completed according to the terms of this contract on' 4t Worethe. .•----........................................................day of..._...: 14......�,. unless the time for the completion of the sar•e shall be extended in wn*ti:.-g by the Board of Public Works, And it is agreed that any such exten!zion of tirn�, or anv alteration of this contract or Of the manner or meth- od of doing such work- ghall in no way affect the duties, obligations or. iiabilities of the contractor or his,gure- ties. i v It is agreed that the contractor shall not assign this contract, or sub -let the work or 4ny part thereof to be done hereunder, withc,,-t the Brit en co - t of the Bo rk of P Yia Wort=s.: _ It is further agreed and stinul ed th�t '� c-;-itractor sha?1 gr»e +o residents of,said city and county preference in,`ithe employin nt of �11 lal;or necessary in the performance of this contract, anti failing to do so, shall forfeit to the city the sum of ten dollars for each failure to ob ervc�this stipul 'ion. And upori!, the performan(-9 of all the terms and conditions of this 66-ntract, and things: to 'be ,done air' performed by;!said, contractor the said city agrees to tau+,e the cost of doing such wort to be assessed' col lected and pai4, tp `said contractor in the manner fixed by the statute go�eraing the malting of such improve - To c,•ch of the conditions and stipulations, of this contract, including all and singular the provisions aril terx .s of the plans, profile, specificatio_:3 and resolution aforesaid; the undersigned, binds. himself• or itself - and t, e r c 3pective successor or assigns of such parties. InTstimo eaf �8 er We the foregoing, named parties,hereunto set e _ our hands this 17t day .of Msy t921 . . . HARRY N. BARNES CITY OF SOUTH BEND IND_TANA. Vontractor. BY G. A. ELLIOT 'H. F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works. CONSTRMTWN" BOND Kmw nil men by thane prte-seats. .Thate...:-I--- Ht%xr...Xa... UVWL«....»...:.l...1..»«�..:.:........»»....,.!„... Of the County of......! .: ?:. a^ Lb - , State Of-:..,,...... �.»..... Jed 41 I€#�F.....---:. ,1, sw Wool. pat, and ..... ;..Bh,rles.,,3tiabslennt_sl _R...B..; I�dcslt.y............ ! palplR!laRRRRR!!!!!! of the County of_ ..5.#,.....I.osiph _ ----------- artct State of...... .,A..SSdiaana.! at sureties, ire held and firmly bound to the City of South Bend, Indiana, in the slim of. •.,., ..or.:... th.h 33G*00)0 fe payment of, which, well and truly to be made, we jointly-andseverallyabind ourselves, our b4g, executors, addminstrators and'assigns, firmly by tl-ese presents. ° The conditions of the obligation are suet that if the above named ... ..,.......,,.... .............: _-----------$6trr�t__N•---Balti'n!3---------- ------ --------------- - -----shall faithfully comply with the foregoing contract, 1.7-th- da. of ....-- -Ma 1. 21 made and entered into the---•----------------- *----------- -- -- yy - --•�-•-•-�----............ 19 .:....- with the City of South Ber_d, Indiana and shall fulfill al the conditions and stipulations therein contained according to the true intent --nd rneaaiaig thereofi in all respe--ts, thin this obligation to be void, otherwis to be and remain in fall force and virtue in law. In tkre eve:..- the said Citx shall extend the time for the completion of said work, such extension shall not in any wax release the sureties on this bond. This shall be a construction bond, and the, sureties ono the same shall not be held responsible for the maintenancq and repair of -the improvement after,it has been accepted by. the second party, but such,sureties shall be hel4 responsible f9r .the fait'-ful compliance with all other conditions, stipulations anA reouireincnts covered by or set out in the contract. WITNESS our hands and seals this ........ a----ABAr....... day of........a..,........ Mai 1,921 ��-.--- ......... Harry `N Barnes ...... _--(SEAL) SuaibediSeen r ��A a SEAL R, B * Mclnerny ° - 1) f . The above bond approved this 17th day' of MaV 1921 G. A. ELLIOTT-....... _ ..�..g •=�F t_. ,R OST ISE$ ° _.... ............... Board: of Public Works. AFFDAVITS FOR PERSONAL SIIRETIES' STATE OF INDIANA- iss ° S T . J OSEPH COUNTY • I, Charles Suabedi°ssen, 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 $1900010'00 Dollars over and above my indebtedness and the exemption, allowed me by law as I bl1eve.1-- so held lie God. Charles Suabed ssen Subscribed and sworn to before me,,1hd .U'ndersighed Nott fy Public this 17th. day of May 1921. Veronica C. Sweeney My Commibsioner expires July 20,1922.. Na ,ary Public 438 STATE OF INDIANA SS ST. JOSEPH COUNTY I R B. McIjerR gw1ar that I own real estate in st Jose h Count , i the SScat of Indiana, o w e am possesse i ee simple of the ve ue of Fi?e Tousand Dolars over and above any indebtddness an� the exemption, allowe.l me by law, as I believe so held -me prod: +: R. B. MCINERNY Subscribed s,-?:d sworxi to before one the und"sigiaed Notary Public this lath. day of May 19210- My Commissionaa ,expires July 20,i%_22F • Veronicas C. Sweeney, Notary Public J Bids for the gravel pavement.. -on Sample:. -Street were ordered held Vp until Tuesday May 24th.9 1921 at'10:00 A.M: ° The following claims were approved by the Board. 4 F. C. Reimold Co. • 9�9.55 F. C. Reimold Co. • 360 Builders Supply Co. 1 .64 W. R. Hinkle 3.35 Shirley Reymolds 53.5 White Welding Co. 42.20 Emulsidied Asphalt Co. • 1 1. 99 South Bend Exchange 26.00 Stapples Hildebrand °Co 1£3.25 G. E. Meyer & Sons II East Side Lbr. Co. I2. C. H. De Frees Central _Elea._Co____ S;D� Gafill Oil Co. 31.Og' C H. De Frees g20 Gafill Oil Co, Or E. Ludwig 18..49 0 Brien Varnish Co. 6.58 O'Dell Rubber Co 5 .82 News -Times Printing Co. 17.60 News Times Printing Co. 31.95 So. Bend Foundry Co. 25 John B. Haberle 3131:25 H. L. Loehr Dec. Co. 4 Massey Pfundstein Corp. 1285 . ' . +' ►_d Spring Wagon & Carriage Co. 18 90 Turbine Sewer 1,achine Co. 42.50 Avenue Shoeing Shop 3.9p.08 5 builder's Supply Co. 50 Liberty Garage 1008 City Water Works •71 I. W. Lower Dec.. Co. 50 Go . o. J. Hoffman 2 Building Dept., 351. Engineering Dept., 504.00 R. 0. Hoover lb6.50" Indiana & Mich. Elea. Co. •4.21, Indiana & Mich. Elea. Co. .85 Indiana & Mich. Elea. Co. 2.80 Indiana & Mich. Elea. Co. 1.20' Miller Tire.Service 17.10'" Liberty Garage 3.45 Liberty Garage 19.15 W. A. Henry- 15.00 forthern Indiana Gas & Elea. Co. 1650 SMIM Motor Supply Co.. 2065 President.