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HomeMy WebLinkAbout06/22/1921 Board of Public Works MinutesBoard met in regular session at 7:15 P.M. Jghn�F. De Haven absent. Hearing given on Con m�sti®n Resolution er F�1 fo th QQ e ing a Hi hw y alo the north an South center line `.West - of eet on lwp No, �f, fr m Sample Street to Ewing Avenue, in the Ctty of South Ben ,n iana.. In the above matter a written remonstrance was filed by the Grand Tor wester Railway but remanstr for a ared. J � � Walte A, Fu , Dr. C. H. Meyers, nAttorney Schelln nger and m. . l enry, pe 1 loners or sai opening appeared. The Board decided to defer all action an said resolution until Wednesday June 29th., 1921 at 7:15 PM. Copy -of remenstrance ,filed by:.Grand Trunk Ra tuay Co TO THr HONORABLE BOARD OF PUBLIC WORKS OF THE L CITY OF SOUTH BEND, IN THE.MATTER OF THE CONDEMNATION RESOLUTION NUMBERED SIXTY ONE FOR THE OPENING OF A STREET FROM SAMPLE STREET SOUTH ON THE.WEST ONE-EIGHTH1SECTION LINE OF SECTIONS FIFTEEN AND - TWENTY TWO IN'TOWNSHIP THIRTY SEVEN NORTHO RANGE TWO EAST SOUTH BEND, INDIANA TO PRAIRIE AVENUE. The Grp� T unk festel-n Railway Comppany one of the gropert owners, whose property wfl1 le afected,by the openiftg off' said proposed street`, respectfully remonstrates against said proposed action on each of the followng grounds: 1. That s$id proposed street or highway will cress through what is commonly known as the Oliver Yards of this remonstrant and will cross five tracks of tliisg emoRstrar�t I�clydin§ two min tracks �,n theee switch ® oraae �r pass n roe s an obi a so ross a trac �s o he ew tiers n ana�'an Illinot Railway Compare3� a d.four tracks of the New York Central-R lroa Compare a d will render the saint O iver Yards off his remonstrant praciiea ty useless IN Eeppur ose for which they are intendeA and therefore amount to the making and'wi11 be a eking of the property of this 'remonstrant ,with out compensation, which property is already devoted to a public use, namely: that of transportation far hire by railroads in both inner and intra commerce. 2. That the lands and property of this remonstrant will be damaged %the opening of said proposed street or highway in the sum of thirty-five 51000.00) Dollars while there will be no benefits to thelands of this remonstrant 3, That the damages that will be caused by the opening of said proposed street or highway will exceed the benefits therefrom. That said proposed street or hi h-way would not connect at eitla r 4 p p g _ the North or South end thereof with any other North and 'South Street• whereas if said proposed street or highway was moved one half block farther west it would F connect at the North and with Anthony Street, while as it;:is.-now_:prepss6d to open the some there would be aogTrat the North end ti4V the West to Anthony Street or to the"East ore -half block o 'aley Street and the damages.that would result from opening of so+id street would be inconsiderable in comparison to the damages of opening the dame at the present proposed site thereof ANDERSON, PARKER CRABILL & CRUMPACKE FILED Attorneys for remonstrant. JUN 2291921. BOARD OF PUBLIC WORKS BY G. A. ELLIOTT President. Hearing had on resolution for pipe sewer on Carroll Street from Indiana Avenue to Dubail Avenue, under Improvement Resolution No. 886. In the City of South Bend, Indiana'. Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises, decides that the benefits to, property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Enggineer, and thereupon takes final action on said resolution, as originall y adopted and the same is. hereby in all things, ratified, confirmed and approved. Resolved further that notices be published on the 24th. day of June 1921 and on the 1st. day of July 1921 in the Sough Bend News Times a news- paper of general circulation in said Citym stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. July 12th., -1.921. The Board reserves'the right to reject any and all bids, 77. Wednesday June 22nd., 1921. Continued. Hearing had on resolution for pipe sewer on Blaine Avenue and Queen Street from McCartney Street to Portage Avenue, under Improvement Resolution No. 887' In the- City of South Bend, Indiana, In the above matter remonstrators,appeared no written remonstrance was filed. The Board after hearing.a.11 parties interested deferred said hearing until Wednesday June 29th., 1921 at 7:15 P.M. Hearing had on resolution for pavement on Benton Court from Milton Street to the lst. alley north of Milton Street, under Improvement Resolution Ne. 883, In the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. And the Beard being fully advised in the remises decides that the benefits to ir®pperty liable to be assessed for said improvement are equal to the estimated cast or the same, as reported by the.'City Civil Engineer, and thereupon takes final action on said resolution as originally,adopted and the, same is hereby in all things ratified, confirezled and approve. Resolved further that notices be published on the 24th. day of June 1921 and on the lst. day of July 1921 in the South Bend Daily Tribune, stating that this, Board will receive bids for the construction of said improvement up to 10:00 A.M. Tuesday July 12th., 1921. The Board reserves the right to reject any and all bids. Hearing had on resolution for pipe sewer on St Joseph Street from Haney Avenue to Indiana Avenue, under Improvement Resolution No. 885 in the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance was filed. And the Board being fully advised in the premises decides that the benefits to property liable to be assessed for said improvement are equal to the estimated -cost of.the same, as reported by the City Civil Engineer, and thereupon, takes final action on said resolutien as originally adopted and the same is hereby in all things ratified, confirmed and approved. Rese1ved furth r ha nogtices be ubblishe n he 24thh day of June R21 and on the 1st. day of �u y 921 in the S�uth Beng Bally News Times, stating that this Board will received bids for the construction of said improvement up to 10:00 A.M. Tuesday July 12th., 1921 . The Board reserves the right to reject any and all bids. Honing 4%d ant t�ssayssmedn� re11 and fin*l estimate floc Pavement en Francis Street from e a ree o ran gunkk �6estern y. Co. under mprovement Resolution No. 789. In the City of South Bend, Indiana. I the abo a att r n® e o tat rs a wed and no w itte rem strance was filed. nThe Bearvd tHerefere f n� is t�e prg�er y assessed 'n saYd roN_ filed June 1 t , 1gq21 Is bbenefitted in the am unt f s s ment s shh on s id 11 an th Boa f r uer st. t�.atlt a asses n the�s ear unereb � in 11 things.-rati- fied,eai es ima e alowedune st., 2 confirmed and approved.9 y Hearin had on assessment roll and final estimate for Tr nk sewer on Fell1ows Street nd wInd•Avenue fro D® ald Street to Erski a Boulevardkproposed) under Improvement, eso ut Nn No. 74 ."In the City of South Ben , Indiana. In the above matter remenstraters up eared in regard to amounts of assessments, but no written remenstrances were filed Ke'_Board therefore find that the property assessed in said roll filed June lst, 1921 is benefm itted in the aount of assessments as shown on said roll, and the BoarA further find -that the assessment roll filed June lst., 1921 and the final estimate allowed June 1st. 1921 should be and the same are hereby in all things, ratified, confirmed and a,pprov;A. Hearing had on assessment roll and final estimate for Grade, curb and walk on Rose Street and Kessler Blvd. from Portage Avenua to Beale Street, under Improvement Resolution No. 837. In the City of South Bend, Indi€3,na. In the above matter.no remonstrators appeared and no written remon- strance was filed. The Board therefore find that the property assessed in said roll filed June 1st., 1921 is benefitted in the amount of assessments as shown on said rolls, and the Board further,find that the assessment roll filed June lst., 1921 and the final estimate allowed June 1st., 1921 should be and the same are hereby in all things, ratified, r_onr-_i._r firmed and approved. Engineer filed assessment roll and final estimate for pipe sewer on Frederickson Street quid Elmer Street from Olive Street to Lincoln Way West, under Improvement Resolution lie. 793. In the City of South Bedd, Indiana. Resolved that the entire work done under the above resolution and the contract let thereunder be in all things accepted end approved and that said final estimate be allowed. Resolved further that notices in form required by law be published on the 24th, day of June 1921 and on the lst. day of July 1921 in the South Bend News Times, -;a newspaper of�general circulation in this City, settingg and fixing the 13th. day of July 1921 at 7:15 P.M. at the office of this Board in the City Hall as the time and place when this Board will receive and hear remenstrances against the amounts assessed against each Of the lots; and &reels of land on said roll, and will hear and determine wheaher such lots And paro�3s ofi11 be speeial benefited by said improvement by the amount stated and set fort, :tm said rolls ` i t 50U 11 adn©crint>- lu ns 22:n,4 1021 f".eti+.inttaiA . The fallowing resolutions were adopted by, the Board. STREET OR ALLEY IMPROVEMENT RESOLUTION NO..892, Berid� osto JesetA 6�ugt#olgtatpys�hf YgRg,ofhbjbJt�iJo44 ig-AfidgA�9ml9 t�� ksiry tieimprove Cener Street fromUichigan Street to Main Street -as follows, to -wit:- . Said Street 'shall bbe roded� and roadwa he •f sh 1 be aved' also the roadwa of er ain-portion of the streets �intd a eys w��ch Mer o1i inter- sect said t eet shall be d d a ed' he pyi mate is1 a be used in g I sa mp;®vn a sh a ee�ts altu�hi h i c r r forr a�'r> et Q s b or cede o cr a ' .e a e o . c ncrce an r , o r rave six . i�i�i e.s t o er $e �c , also cement cur ,MR cement st walks shall -be .consttructed alon both sides o;f said street where same is necessary and not already constru fed;tormi waterinlets and conduits shall be constructed. where nece sary ; al ` `sta�rm wate i' fets and m�, ale tops shall be set, to the raper graft; cement mar anal curb sha1l,9e.constructed at;all street and alley inteV act on s where- no es at. alb.. ats-Ads-�-1eo•re particularly shown and all in accordance wi th th$ la s •f 1 s ddet�il drayi�ffs; �'�'t sgfegigfttion o gile in -the offfee of the a earmi±�i ou$lic orks o e y - ®u en , �n ana. The east of the iispiove +t: »t hof, n ui'ovided for, c .;rst rtr' •:,t ':nd alley i; t;s , tttnt? 94911 dg paid DY ,special assessment to be levied upon t ., proDorty specially benefitted, to the a mount tliat th@ §�, e -tuay b@ }@iq, ally assessed therefor, in accord2mc with an Act of the General Ax-reunbly of the WA@ @f 14diaga, @fitfti@ "An Act Concerning Mtenicipal C rj,orations," approved March 6, 1905, and in e_cNo-d_Ad8@ with and iiiihijae to the provisions of all acts awendatory and supple-ental there% 7%6 o0et of all street and alley intersections., inctnding one-half of the - vidth of tb.e imprnvPnnm- t ov-o- jolts fatreat and alleys which run into, but do not eroes s-=id road -nay hareia proposal to be improved sad that. portion of skit ttreet"or alley abutting upon property belonging to szid City, or upon .pro,e_ty not , � set to �ti®li , tioesaxrAent, ohaen be paid by the City, in cash out of its general fund, if able to do' so, or from a fund ere- a�ted �by, a species assessment to be levied under the provisions of Section log of the above entitled Aot Ao ,awrionts of ten dollars and more against each lot, if deferred, are to be paid in ten equal annual in- llments, vtth interest at the rate 'of Six per cent per annum. A bond or bonds will be issued to the eon- trActor to the amount ot. such deferred assessments in pro rota paynier_t for such imprcwer_tent. Uude>j• no circumstances shall the city of South E �d be, 6i` be Wd M§111 ^j;i$1@ !@f H @dam Of NUN Pima fro a said property owner or o rers- fo.t said work, or for the colledtiwi df th@ @@mat @f' 10f th@ i;d��Mt 91 ii }�o I -% bandy certificate or certificates; 'sued to said cc.-tree#or -Li =< i"aat f�f NOR i 80 ; e_@ 8$ 10 toys as sh411 have actually been. received by _the City. from t$@ �f6 t3'83t@ f@f jah@ #?= 3fi9ra`£@fit; @f § s c ys as said City is by aid entitled act and amendment and snfipis e4t9 th@€@t@ NfAi dd t9 : L "edixl had, and Ivor doueoin themaking of said i G rp empat, .a��e =mS3t of . f@ eft ir @olio@tf® aZWen OtereatdaAd suppler a bondtal s therefor, shall be as provided for in gad "@V@ mo & $lid AM o. 6.�J i B1; R F _RESOLVED, q°hr.L t?to E3`t'�! � T't ` ""� �'¢tri��s j6z 1j1*t® ..�QtYl, 'P , �iT �13 1� prrrrrrrrrr ..... 11 j7 19�1�r ', s n lfi® at f _ j P. 17 , r-t s -e, ac tide 1R9c �rel< of r ills works of this CCCity, as :the .t,+ �n r7 s :o for two r � d too .. iLT� af pees* s^ sic vite�� • �1' Vafd Ra-rd of.Publfc Worl-s will 1 all pe_za: s L-ttoic- w or w:� :� p yty' % f-flit to to 11 fw+ F 3s±ai�ior� :ant, and will''dcC d.' ,, _er the be cits is tike yAc it9 UpIlle to Bee; �� �^�e '-v�i11 ogi?�.1 the estimated ccs� dT,C_^of. R-0 IT �'�lll:�it x. - ) rLi'-..L L'4t`.-cEX3 �!!"_•L� �^� `�'--flB m;1-ca (^sf - -� �,; �'''�' � �{;sTz_-TiF�':*1- e-3ib#ltsi aid Qiied 1nH: 2.cr,"=^a of 1i aIlEl'TMD!� TDIl Z t nye day of c1G1224`�.i�d o:t the.. �.stday tii. �u�y --- :, �Cl�Crh ....�-dRY °t----------JV @--l921. .... News limes - G. A. ELLIOTT J Attested:- H. F. FOSR'T�F 1 Veronica' C. SweeneyI Clerk of the Be'ard. i LOCAL SEWER IMPROVE11EITT RE$OLU ION NO. 895. Resolved by the Board of Public Works of the City of South Bend County of St. Joseph, State of Indiana, that the construction of a local sewer, intended and adapted only for 100al use by the property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral drains be and the same is hereby ordered in and along Voffm4n Court from Pennsylvania Aver�a.e to Wenger Street as follows, to -wit: - Beg innin at the manhole at the intersection of the center line of Hoffman Court and Penns�rlvania Aveme thence north.a.long the.center line of•Hoffman Court to a point 15 feet north of the north line .of the alloy south of Wenger 8 to With g 10 ifth vitrified pipe sewers, th)pr. with thene.eescary nhelesr c A :610�a 0. duits and eheuse osn- ft s -to the! 'curb litre along the- lf� if ��r��� � all as 3•s More partie�t- l ho and all in aeso darnc:er. W1 p A# _ ri i +�tail .drawings and '+aions on file in' a offietei ofat�o�►.� lie Works of the Citlr f end, Indiana. �' . 50i 6Qr. me aAan June 5151nd - _ 1921- Ge nt i nt1��4 _ ,and said sewer, ♦vith'ali its appurter neaa shallbeconstructed in aceovd,%U0e With tho profile W,14 eliu®iil AVOIq now on Ate in the of9ee of the Deps.- eat of Prb'ic 'i';To s of said MY.- 'he coat Of s#td 1 b18to out Ah1Eit -bo apportioned against and paid by the pro7,erty holders whose prcport:, abuts thereon, end ulion the; City at South Bond if the City is benefited by said 1mnrovement, all according to. the method end mRnaor pfoytded tat , in Aot.of tho General Assembly of the S•ta•te of ludiana, entitled "An Act Cmcerning Mutiiclpei CUPO'ettoH," approved $ '"Ch 6, 1905. Ascessn en*s, if deferred, are to be Ped :n, ton equal annual iUM24lla-cute, With in- torest at the some `oi Six per cent per annu�n. A bond or bonds shall be issued to the contraotoi to payment tot @nab wor.*, uule,es the 'p=opertp 'owr_prs t ..v said g s eats buff=re said b�i°�d or bct3d� s►'� isAu6•d; ridiF !! circumstances shall the City of. South Bend be or be ?,ei3 responsible for any sum or:suws duo lro� said �rdp• orty owner or owners for ss'd work. or for the colieetton of same. or fPr tbe"navment of amp bond or. bond' OertiitOate Or Oertitioates. issu»d to said contractor in v%vr,e.It 4r_ such worst, except for BuCh ffi004yi as /$ill have been actually received by the City f70m the asse -c,ents for such 4mpr'ovse jet, or such-160nGY111 laid City iv by said above entitled Act required to, pay, .,, ll rroceedinng had, and work done in the Makin' of maid imps®�®meat, sessment of erofaerty, collections of asEsraents and issue.nce, of bonds therefori Aida b0 i provided for in said above entitled Act. Notice of this resolution shall be Published on the___2-4#th. day. of........ and ®� th! j, pp :;t ... .., day of.................Ju �I---1r92319 --- in the South Bend D��Yt� is�0lyd veils ligY ! hearing on tbis;' resolution at its office iu the City Ball on the ............ 2atiiifi ,o i.n...........eTik ?:is P. it., of. _.. _.... . ., 1l....... G. A. ELLIOTT BOARD OF PUBLIC WORKS U. F. ROSTTMR Attested:-'� Clerk of Board. Veronica C. Sweeney. ° SIDEWALK IMPROVEMENT RESOLUTION NO 893. Resolved by the Board of Public Works of the City of South Band, St �ww 06Unty State of Indiana T}at it is deelied necessary to improve Marine Street a�. ert Street to a point10 feet north of the north lihe of Bowman Street as col i wn :, 0-wit: - Said street shall be graded from ppr anjy.line to propertyy line to the -grade and cement curb and Cement walk 89H be constructed on bith sides of w 1. as tore Rartictitlarl shorn and all in accordance with the plans pro - swings an s eel it"a ions on f1la in the Office of tha Department of b�the City of South Bend Indiana in accordance witth the lams- ofiles ' Und sppeeifications.on File in the office oil the Department.o' Ue Boar& b e said City: and such improvement is now ordered. of cost of said improvement including the cost of street and alley be ssessed upon the re f e tate a ut ing on said Mar ate Strea method a dN nnQr provi ad or in an A t of the Generl Assea:b y oil th . hiy entitle Act Concerning Munici a� Cor orations approve a sordanse with and pursuant to theppp ovfsiosn of all amendatory thereto, passed by te General Assembly of the State of,Indiana. r d are to be aid i t n e ugal annualinstAllme is with interest at. ► A cent per annum. A cond orgbonds shal be issue to the con- tra610 th _, h w rk, less the report owner pa id as esslee t be are said band b h ? a: , suaod,. Us er nos it wtstan es sh>9► l t e sty o South Ben , be, er `be. old $ ible for any sum or sums, due from said property owner or owners - or ssaa�id 16 b for . solleetio of the same ar for the payment of any bond 'or bond certifie ate or rti : tea, issue to d eontrasto in pa ent for anon work, exeep:� for such none s, 1 have been actually received y the tar from, the assessments for sue ifd p� mbi ts., or such moneys as. said City is by said above entitled Act requ to pay. All pr@ee'adngs had, and work done in the makin of said improvement, assessor QW of property, e41jestion of assessments eknd issuance of making therefor, shall be as pro-; vded ror n sal abova entitled Act an amendment thereto. Notice of this resolution shall be published on the 24th. day of June 1921 and on the lat. clay of July 1921 in the South Bend Daily News Times. This Board will give a hearing on this resolution in its office in the City Hall on the 20th., gf July 1921 at 7:15 P.M. Adop this 22nd. day of June 1921. G. A. ELLIOTT BOARD OF PUBLIC WORKS H. F. ROSTISER 9 Attested: - Veronica C. Sweeney, Clerk of Board. SIDEWALK IMPROVEMENT RESOLUTION NO 894. Resolved by the Board of Public Works of the Cityy of South Bend, St Joseph Countyy, State of Indiana That it is deemed necessary to aprove Frances Street from Corby Stract is Napoleon Street as follows, to -wit: - Said street sha11 be graded From property line to property.linw to the established grade and cement curb and sament was, shell be constructed on both • sides of said -street, all- as is more. particularly shaven and all in ageordance with the plans, profiles, detail drawings and specifications an file in the office of the Department of. Public Works of the City.of South Bend,.Indianc' The cost of said improvement including the seat of street and alle intersections, shall be assessed upon the read estate abutting on said Francis Street all according to tba method and Winer 1)rori -for in an Act of the General Assembly of the State of Indiana, entitled An Act Concerning Municipal Corporation-as."approved March 691905, and in accordance with and'pursuant to the provisions of all amendatory 0,nd supplemental acts thereto, passed by the General Assembly of the State of Indiana. Assessments, if deferred, are to be paid in ten equal annual installments* wil inter- est at, the rateofSix per sent per annume A bond or bonds shall be issued to the con- tractor in payment of such work! unless the ,property owners pay said assessment before said;b- d br bbands are issued. Under no eiretustances shall the City of South Bend bel cr.te responsible for any sum or suns, due fraa said property owner or owners for said or. -the aollestion of the same, or for the payment ®g band or bonds, �erti- f ,0000 0- a rtifieetes,9 issued to said contractor' in ppayment f . ` a�rork, except for sus; n�+ nays as 11 have been actually resolved. by the City from trio a, , for such .ement� :fir such moneys are said Cit is by said above n id Act aired to pair, y ru n� eel had, mad we done in theki>i e'. sailor .5 01 2 Wednesday June 22nd. 1921. Contl n1iii L impres vement aessment or e p rty call `stie>n of s nts a d r is mac F bo ds t�her'efor, a be ' as provi a or ln sai�, above en '�et .and amenlc�men s her •� 13e.- , Notie;e� of, this resolution Shall -be ublished on the 24th. day;_;of June 192 and on;the lat. y:of July 92l in the �o th Bend,News Times. This Board wil five a , egri o his resolution in its oiee ins the Cit Hail on the 20th.:day oJuly 9Z1. pj.5 y Adapted this_22nd. day'of June 1921. 4 BOARD 010 PUBLIC WORKS. G. A. ELLIOTT Attesteds- _ H. F. ROSTISER Veronica C. SweegAr Clerk of►rd. ; STREET -OR ALLEY IMPROVEMENT RESOLUTION No. 8960 e t R solved- byb ; Nard o b_aWo ks ofthe C t o South ZeJiwsi�rdtha s rd ire a d ejme a es r�r .`ine l on reef rinnn weo e north line of Milton Street running east, -Milton Street From mellows Street'te Rush Street';as follows ,'to -Witt- Said street hall bbe �trad d nd ther ado t reof Shall be patted; and also the roadwayof irertafn p®rtio�is o� t�e streets -an� ,a eyg which enter"or intersect said street shall be graded and paved. The paving material concreteeor er P ro $ nt shhaa a Shhe A phalt Bi u tie as l e F, n`ion shs �e per aemeilt Sac n e e �1ix �' cb MAR ���� 1 $rx n ,'��ie'� � ��'f�� �� ���ek���efi�n��� a �l ��ior struote ansal reet where s necessary nd nest alrea y const cte; storm Water i lets an eeandui s s a a constructe where necessary; all ssanmt water inlets and manhole,tops shall be set to the proper grade; cement marginal curb shall be constructed at -all street and alley intersections- whre peeH nary•:a11 s is more" rtie rl shown a all i eGc j�a,nce w th the ans ffs detail _aWin sI an, - s ee � ea ions On ��le 3a �he o��iee -0 �he Depa��ment ePi�� Workso the, City of South Bend, Indiana: Mw east of the improvem^nt herein p# oyided #or? i­ 14 alluir b§ d14 veAiai assessment to be levied upon the property specially benefit_tedi to tho N 46unt that aw @5JR8 jB5y d 1 assessed therefor, in accord, with- of the (1 �t rz®tahl' thettii # dl de ' all d d e w t as A @n a 0f t E � !fit _ �F � � � ► "An, Act concerning Municipal Corporatigns,1+ spprev4 March 4, 1905, And �d W64fiedo...,h&$ w an Yiif i i�� 5o the previsions of all acts amendatory a4d iuvp entai thereto: The cost of all street and Talley intersections, includin�width g onealf of the of the ir,pr o, _ac,0t cr;< a- s'_te stzent and alleys which run into, but do not eroes s.=id roadv-7ay herein props=d to be ir_1V o d ?_ad t'lat portion of such street or alley abutting upon prenerty belonging to mid City, or upon .prore_ty not 1'= 9ct to ,; ess­gq nt, shall be paid by the City, in cash out of its general f=and, if able to do Eo, br from a fund ere- -., a s clal as s a ant to be '.w:ed under the provisions of Section 109 of the above entitled Act. A_u�:_V ants of ten; dollars and more ag2.inst each lot, if deferred„ are to be paid in ten equal annae,l .1n- stallments, 1s3th interest at tha rate of Six per cent per annum. A bond or bonds will be issued to the (Wn- tr ctor to the amount of M_..ich deferred a:u ^nts in pro rata payment fof b$6li impravenienti Under no circumstances shall the city of south Bend be, or be held responsible for any Mm. or sums due', Irozi said property owner or owners: for said work, or for the collection of the same, or for the payment of any bond, bonds, certificate or certifeates, '_-ssued to said contractor in payment `or such work, except for surY 1-10:icys as 'shall have actually been received by the City from the assessments far such bLnroverap.a or suth. as said City is by said entitled Act and amendment and supplements thereto required to pay. Ald- 1 = 3dint�s had, and work done in the making of said improvement, assesnn ent of property, collection of c Tents and issuance of bonds therefor, shall be as provided for in said abovie eatftled Act, mad Acts anH*d•- �.; PSrsof and supplemonw thoreto. gg• IT p ATHER. RESOLVED,. That the Board of Pnlhl?4 �WQ U3 f11 tM0 • • • .: 27ct,}i, w ! f t : r ! ! • .: s �l.t k 1 a . A � o ....... at t 18 hour of 7,1 15- V, V, at IWOMM Works, of ihI City, as the HMO iivd p1nee for the public cortiderstIM of said Board of Public Works :arils h r all persons interes°ed. or whage proport* ji 1iebli V# far 0 ? tmnrosemeat; sic} taili dee_de i~h ther the benefits to the property �bj# #M � � § l s f9 40 ,will equal the estimated cot hereof. BE IT FU2ATHETt i� 'SOLVF'TJ, Th,t notice of the time and place � PO B i mti lithad and Mailed the =a o er provided bylaw. Notice f this resole d" r r411, a�a 0f 9 8U. y u4y. It ' 3edrs , Ti 0 A4..�..... ,..�.da1 aR..aw....v...... �ilra9*�'d�e+`:.�f BOARDOF PUBLIC. WORKS G. A.-EL%IOTT H. P. ROSTISER Attested: ° rVeroniea C. Sweeney Clerk of Board. Estimated cost filed for pipe sewer on Carroll Street From Indiana Avenue to Dubail Avenue at...........,�,•,,,�.**$lol40.00 Estimated cost filed For pipe sewer on B dine Avenuetsnd Queen Street from McCartney Street to Portage Avenue at.. 4,28'7.00 Estimated cost of pipe sewer on St. Jose h Street from Haney Avenue to Indiana Avenue at... .45a:Rs'c Fir..: --+ng d,•F�r '�'�v-.. WetlInc P2 d _ 1 A".31 : aft i ntf�C�:'„ o, PUBLIC IMPROVEMENT CONTRACT.. THIS>AGREEMENT Made and entered into this 18th..da of June D. 1921 by' and between Hoban &pRoach of the County of St, .Joseph ,and State o Indianahereinafter referred to as,the Contractor"), and the City of South Bend,,in-the Cou ty of St. Joseph , and State of Indianay by and through its Board ef-Public Workshereinafter referred to as. the " City") , under and by virtue 'b.f . an.: Aot,- of the General Assembly of the State of Indiana entitled-_ An'Aet`Conoerning Municip4i Corporations, approved. March 6,1905, and alb amendatory and supplemental acts theretst Witnesseth, that the oentraetor-wevenants and agrees to construct pavement on Whiteman Court from Wenger St. to Pennsylvania Avenue, in the City of South Bend, Indiana at and for the follows n8 prieess- . 191 eu. yds. of rading per cu. yd. .... .............$1.00 651 sq. yds. of j" concrete per sq. yd•••••.:. .. 2.35 and to perform all work in the prosecution of said improvement under and according to the terms and e+,n dition9 of Improvement Resolution No. 8K__ -------------- a4pted by the Board of Public works._ Ap-�'-� l... 3,,1921, and the plans, profile and'specifications on file i*i the office of the .Department of Public: Works, which said , resolution; plans, profile and specifications are tna4e a part hereof, x� fully and effectually • as if copied and set out herein at full length. The contr"actor further expressly covenants and' agrees that inthe orosetution of laid work all proper skill and care r,;!l be exercised; that he - r"I r -nn ! : 1 F �`^f a.l ea�avat�ons a xct dangerous places, and ­ 411 use all due and proper precruteon to or.:. -t irtlajV to ny per o-� .or p-�= ��, that i , +he event , any injury or dama.ffe resulting from th2 •- or rezu"• �, fto*1 h^v .t*,er'or thine rnr +P theretvi',' or arising therefrom, to any pees^n or oroperry, hA 11'�w an�i h�+ �idate tt^e same,' th:is oidn expense, and as- sume the liability therefor; and in the event of any cta r1'or c- ha; tzzis 6ng madQ or oily action or actions being bro�lght against' the city by reason or on account. of or growing out of s�: d vv rk or cirnstruction, t'r.� said Contractor will at his own expense defend the same, and will pay any jud�went recoveredtherein, and will in all respects fully indemnify and save harmless said city, its officers; agents or representatives from all cost expense, payment or judgment recovered in connection with such claim .or claims, action or actions. And within ten days after any such action is begun, the city shall notify the contractor of the, pendency thereof, th4:i any iudgment rendered against the city shall be conclusive against the contractor and against the surety Oil his coin struction boad as to tb, amountliability and of r . he matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary t: the period and in the manner as fixed by the specifications, and to secure tale maintenance and repair thereof to file with 6e Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sane liability to the city and any other person forany injury or damage to any pers,;a or -prop- erty in the same manner and to the same extent " is fixed in the last preceding paragraph. Covering the coat- struction work. ' And it is further agreed by and between said r-lrt=•es that the acceptancg of the work provided for in t1ds contract, or the payment the`rcof, shall not constitute a waiver on the part of the city of any of the provis� ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform. anee thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished.for him, or his agent, assignee, successor or subcontractor: and the city may reserve out of any allowance made on any estimate in favor of thg contractor or h;- assigns, or out of the amount due him or his assigns upon th'e completion of the work, so much as may �cessary to pay all laborers or material men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and the doing; of said work, and the county treasurer, acting as city treasurer, may retain money coil,-. ted from property owners assessed fof W4 ;i4prpveiacat to pay such debts or ur,ril the contractor rr' .oars that they have been paid or satisfied '"e•rvbbish, earth, and urr:sed material in the streets or sides t'i^-m Y, upon the completion- of,the improvement or the repairing thereof. The work of making- s+leh i'mffrdvement shall be comoleted according to the terms of this contract on c,',, before the --- -:-•- = = = = ' " ° = = = ' ---- � -day cf---------------------------------------•----------------•----•--••-•---- 19.........., unless the time fonthe c©rmpletion,04,the sarrA shall be extended in wr;ti~g by the Board of Public Worlcs, And it is agreed that any such extension of tirne, or any alteration of this centract or of the manner or 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 assign this ract, or sub -let the work or any part thereof to ' be done, he�teunder, without the v. rit'-en co_,e:rc of the B. rd of P:.:blic Works. It is further agreed and sti�ula+cd that t': , contraetor shall give to residents of said city and county preference in the employment cf all labor necessary in the performance of. this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the malting of such improve- r ;eats. _ • t To each of the conditions and stipulations of this contract, including all and singular the provisions and ter, ;s of the plans, profile, specification. -nand resolution aforesaid, th•-, undersigned binds himself or itself, and Ct ; r�.•: iective successor or assi;Z-.s of such parties. In Testimony Whereof, We, the forgoing named parties, hereunto set our hands this 18th. day of June A. D. 1921. _ HOBAN & ROACH CITY OF SOUTH BEND, INDIANA: M. J. ROACH BY G. A. ELLIOTT Contracter, H. F. ROSTISER ItsBoard of Public Works. 5 U: -4 • CONSTRUCTION BOND . _. F. It, 'rho we..... Hoban & �Reash_ eof1;a @ --#s,e31i �..�........... ; State of.. . ......... _-_ pl a--_==____�_S>ee# -_dear=•o3�e..Wew..3�orlc ..............................................,a.:. of the empty �� ..:.;,....and State of........................................... ... L -- ----- ail Mild _end fifffllp bfWhd<t® the City of-SDu'th Bend, Indiana, 'in the sum of...,,..., ` ht-__htdi.....__-y.�.._...._.......,..,..a.��._:�j k�®llx' 860,�10 j ( �� ' - �ti � ��� it> i t® h� m&d. a we ,faintly and severaTly'�ind o=ir.sclveg' ofIf 1 .' �z}1[� f�i 'AWY 4Y thes-� presents, `. ?.�lf'. 'S.- C� Y, �' ? �i�'S� '!�4 ti �iFliih that i the- �qhn e nab.mod___�__..-..-...-_-_•.,._.._..._-_..,, ..-..,:: .,. ... ..._ ..... A ._. ....................H'b -&-Roach ------- -------- ---- ------- shall faithfully comply with the for-ilo#fly i made and entered into the _-__ - .13thf da' of ..... s$.,..�.,..�.,„�;� 1 F with the City of South Lerd, indiana and shall fulfill al thA conditions and stapulntigt�s tk�ettu �nttttt�ti `;. according to the tru *irt=rt'z'rtj'Mealfira 'th .--of,`in all're,,,e--ts, then this obligation to be void, othorMv, to be and remain in #_elti foree'a!:i1*v•rti!°e'i4 !: aw. In the eve , the said City shall'extend the time for the completion of said work, such extension shall not in any way release the sureties on this bend, This shall be a construction bond, and the, sureties on the same shall not be held responsible for ilip rr(aintenance and repair of the improvement after it has been accepted by the second party, but such sureflos sl,.^11 be held responsible for the fait'-¢ul compliance with all other conditions, stipulations and s'etluiie i ; . cc -col by or 'set out'in the contract: I. 1ilER3UH'Y aE�DI>�-l�iEWY'HI ''......day of. ............... JIiD.R...�A....Ii....192�..1�.--•- , • B' �. (SEAL)ROBAN..&ROACx ...................... ......... F sft:" ABY M. J. ROACH s t: ' The above bond approved this- -____------ ct:a cf.... .uAse , 1.q-21_> nI� LET t T �q,� 22._..••.•. ............................. H`- P7s - • R03 L =-;•--------- Board of Public PUBLIC IMPROVEMENT CONTRACT. R" , ge nt ,]~lade and entered into this 16th. da of June 1921 by nd be woo runo De Peape lff thf County of �St..Jeseph and State of Indiana T ereinafter referred to as the Contraetor ), and the.City of.South Bend, in he County of S#, s Joseph, and State of Indiana, byy and through Its Board of Public Works (hereinafter referred to as the "City"), under and by virtue of t e GenQQralI Issembl � of tha State of IAdiaAa stied Act o earning the unicipai Corporations, , approved Maroh 6, 5, and a amendatey and supplemental &eta theretot Witnesseth, that the eentraeter.covenants and aggrees to construct Eftsewer on Emeriak Street from Sorin Street to a p©int 100. N. from the Est line of Ha arty Sto in the City of South Bend, Indiana at and for the fe lowing prise: 600 lIn. ft� oP 15" pipe per lin ft.............$3.30 100 lin. ft, of 1".. 2" pipe, per lin ft........... 3.00 228 lin. ft. of 8 pipe per lin ft......�......._.1.00 326 lin., ft. of 6" conduit pipe, per lin ft..... 1.33.0 32 ling<ft, of manholes per lin ft..............10.00 11 storm water grates, eaeh.....`................12.00 3 manholes, curbs and covers, each.............22.00 and t0 perform all *or(c an: the. prosecution of Said improvement under and according to ;the terms and 00ax ditions oI s trtptoveinent ;4%s�Iution, I�1o.....Qs� opted by the Board of Public Works_.",A25•,1 21. and the plan}gg, projie end ctficatioris on file in the mice of the. Uepa: tinent of �ublis" Works, which saz d. -tesolutlan; pI' , profile ihd 13pecificitioi s ire trade`-n.part heretdf`a 'fully and 'effectually as if copied and, set out herein at full lenj;th. The contractor- further expressly covenants and agrees t in the prosecution of said work all proper 'skill and care will be exercised; that he 1.vi11 proper' i - ra a*-d=p;-o+act all.excavations and dangerous places, 'arid will use ar p -all due and propereca-uti�i�to preveiit inju�r to .ry per§on or -property; that in the event.; any injury or damage resu7 rom`the wort •or-Tesultirg from a-tv muter or thi-nje connected therewith ,or fir-ising therefrom, to,any.person or property, he W;11 pay and liquidate the sartfe`at his own expense, and as - same the liability therefor; and in the event of any claim orre19ms-berr1jrtti�de or any action or actions b frig .brought against the city by reason or on account of-er.growing out of s=id work or its construction, th said contractor will at his own expense defend the same, and will pay -any judgment recovered therein, and will in *l respects fully indemnify and save -harmless said city, its officers, agents or -representatives from all cost, expense, pa nrent or judgment recovered in connection with such claim or claims, action or actions. And _'f Within ten days after any such action is begun, the city shall notify the contractor of the penrlency themnf, t'h*n any judgment rendered against the city shall be conclusive against the contractor and against the surety On his wnstruction bond, as to the amount, liability and. other matters pertaining thereto. h 505 Ad-`� 1.2 p And the contractor agrees to maintain said improvem6it aft� 4, kbuckf.00d.r§ 4iA tbe ss­arji io. �fie period and in the manner as fixed by the specifications; aridito sec re �&'Jna�tnt(qionce and ie6air thereof to file with the. Board of Public Works a bond with sufficient su et thereon ar14 ilh'ati amount 'ap fined by the specifications.' And in doing such repair work the contractor and the, 6: kety on his kuamntee' bond 'shall be subject to the sane liability to the city and any other person for an +njury or days age to Any pers, 'ft or prop- erty in the same manner and to the same extent as is fixed in the' last preceding paragraph covering p cove fig the con- struction work. , And it is further agreed by and between said r. art`-.2s 'that the acceptance of the workprovided for in this contract, or the payment thereof, shall not constitute a.• waiver on the part of the city. of any of the provis- ionsi of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evidence of the perfori-riance of any provision of this contract, except to the extent of entitling the contractor to the contract, price therefor: The contractor agrees to pay for all labor and materials used or furnished to be used In the making i of . such improvement and in the performance of this -contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or 1-:� assigns, or out of the aniount due him or his assigns upon the completion of the work, so much as ma,. cessary to pay all laborers or material men for `amounts due them for work done or m aterials used or furnished to be used in the performance of this contract and the doing of J said work, 'and, thC X.O'Anty 411ela$trrer; eCtIngr as city tre<�surer, inay retain ` nidney c6ilecied from property owners assessed for, said improvernerit to pay such debts or unTil the'contractor shows that they have been paid or satisfied . . . . . - a aoi-it:a­o-t K;(�!�-s to remw-�4 all rubNsh, eartunused. and unused material in the streets or sides thereat VON th# 'CoMpUtion of the 1MFr0vCm-,At or the repairing thereof. `the work of MSMIT19 slich improvement shall be completed according ccording to the terms of this conireet on or ...................... ..... ; ........ ---------------day of 14VIOM the. time for the corap ----------------------------------------------19 ........ . And it is agreed that any such 0' ------------------- . letion of the same shall be extended in writing by the Board of Public Works. Xtewtion of tim,!, Or any alteraf;on of this contract or of the manner or meth- Qd of doing § uch work 'shall in no way affect the. duties, ' obligatibris or liabilities of the ties, contractor or his,suret- it I@ agreed that the contractor shall not assign this_,,�ev-rar Z:1 or sub -let the Work or any part thereof to be done hereunder, withovt the writ t ,en co:_ Of the Board of PlIblic Works. It Is further agreed and stipulated tl'�t �'­ contractor shall give to residents of said city and county preference in the employment of all labor necessary in the performance of,this contract, and failing shall forfeit to the city the'sum 'of ten dollars 'to do so, for each failure to observe this stipulation.. , % And upon the performance of all the terms and conditions of this contract, and things to be done and performed by laid contractor the said city agrees to cause the cost of doing such work to be assessed, col- lsaents.actod 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 terns of the plans, profile, specificatior.,3 and resolution aforesaid, the undersigned binds himself or itself, and the rcQpective successor or assigns of such vartie.s. In Testimog Whereof t We the foregolng naMed parties, hereunto 1921. set our hands this 1 h. day 0 June BRUNO DE. PEAPE CITY OF SOUTH BEND, INDIANA* Contractor. by A. ELLIOTT I. ROSTISER Board of Public Works. ItsF. CONSTRUCTION BOND I, Brunt,,De eape VCC _aft. That Wf-___ .............................. ,of the County of St _- J0138ph State of.-.. 0 Tnd11&i3A..__.._--_.....9 as prined, Pal, and The United States Fidelitg GUakt-ail om C ? 4 . .. . ...... .. .... . .. . ........................... 5.1 of the County o-BI t I Mare______ and- Ste ---# Lend ............................... as sureties, are held and firmly bound to the City of South Bend, ,j i the sum of ...................................... 9 r -------- One Tho-q A ---- �.,4 - - ------- ....... . ....... Dollarl ($ 19 724. Oq, for.thepayment of which, well and truly to be made, we jointly :and severally bind ourselves, our hclrp4 executors, adminstrators and assigns, firmly by these prese;its.' The conditions of the obligation are such that if the above 1gri-Ins nol shall faithfully comply with the foregoing coub-rim, --------- - -- JU32 made and entered into ------ day of...-- 0_2921 . .... . .................. 19 ......... City South Bend, Indiana, fulfill alFthe conditions and stipulations therein contained, with the of and shall according to the true intent and meawng thereof, in all respects, then this obligation to be void, otherwise to be and remain in full force and virtue in law. In the event the said City shall extend the, time for the completion of said work, such 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 rul shall be held responsible for the fait' compliance with all other conditions, stipulations and requirements covered by or set out in the contract. ,yM `L f'NESS o-Luc hands and seals this_-.___-- 1.6tJb_,______.day of_--_-----. BRUN-O-ZEEMP9 --------- (s 1�,/\ I,/ UNITED STATES FIDELITY & GU"XNTY CO. (Sy ___-L) --------- - -- ----- __ ' — ------ — - ----- - — ----- I-..----:--------- - - L*­E 9 RItTri Atty* ih J fast. above bond approved this ........ 22AAA -------- - -- --- ----- 9210?. H. F. ROSTISER 50 WAlinesdAv June Pan _ 1 921._ : Can inyed _ PUBLIC IMPROVEMENT.CONTRACTO rat Arad d nto.red, i s nl�. f J a Ig21 f e4>d beftweea iielerho �eaun .i';" J®aep t . d►e .®` Tndista eina ter refer i*ed to as the Ce3'< tox��, the tp�r a $cu $e d in the of Sty J eel ` 4 StMe _if , a t rou ite tsar �f �ub�ia� Werks a ter $ t e C ;> . V rtu or 44 Act of the et ol�oer in Mu ici. hl rp�rations, approved r .� ,end 's try an� supp,e nta� as s Preto Wien sect#,Metdt%ila%u�r is and agrees t construct t vlk urb:and re. �n v:irer er r eh Av ueto egvtigo #t ana ANT—an-1 ®r e e �w n r ee. 6;P 824 lin. ft. if earhi per 1- ft• ......-.......... 5 1 sq. ft. or t- k er sq, ft...... , .� .... .�? lines 't ' .aT .off nere'te * iI per ].in -ft... • . • r r • 5, 0 Grading per ou. y.................... :.:.:...: 0 grid to perform 111 work jti the prosecution of Said improvement under and according fo the terms sod too." ditions of Improvement ,Resol+rEion -4ii, p. ,mop 64 by the Board of Public Works.,. 1921 and the plans, profile and' p ci catibns 6n file in the office, o the bepa=.tment of Public Works, ww ch ssi�: resolution, plates, grdjiliCi,specificatons are inside a tof a's fully and effectually as i# copied and set out herein at #full length The contractor further exp,PM I covenants a. A agrees that in theproseof said worft all proper skill and care v�nll b' eite cir ; h t o r ll.pro*i L` 3 F o* r*• all" excavations and dangerous places and ,.lilt use AT'due atid'prgpet p caa}ion to pr�i ,r inyury .� �Fy person or prooer'y; that in the event 1.11 any injury nr damage resulting from the v-4 6$ t +lei*�^.��frmmn a-�v ratter or thin- �0nni-^ted th�retrlt; or, arising therefrom, to any person or proprrtyy fft � *11.�1V anri lie; iid'ate the same at � is own expense, v1A.as- sume the liability theretor, arid in the event of any claim or claims being made or any ac'ion or aMtlonB brought against the city'by reason or on o.ccouat of o* groxving out of -:.d vror t or its coc+s,tr++coon, th P', j contractor wilt at his own expense defend the same, an'd will pay any judgment recovered therein, and' w,"; in sail respects fully indemnify and save harmless said city, its officers, agents or representatives from all e!'tst, expense, payrnerit; or,judgment recovered in connection with such claim or claims, action or actions, A-:,i within ten days after any such'actioa is begun, the city shall notify the contractor of ti.., pen+tn..cv then - f, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on hia txinatruction build, as to tb- antount, liability and other -matters pertaining thereto. And the contractor agrees to maintain said improvement and M4ke such repairs as msy'bQ ytee�ssat the period and in the mariner as fixed by the s0ecifications, and to secure tine -maintenance and repair �erL�f 'to file with the Board of Public Works abond ivith suf%cient surety thereon ant In an amount as fi :. the specifications.. And in doing such repair work the contractor and' the suretyon his guarantee bond s4 y � subject to the same liabilityto the city and any other person for an injury r dama o an scn or p op- erty in the same manner anto the same -extent as is fixed in the last preceding paragraph Covering the eon struction irk. And it is•further agreed by and between said Fart?,ts..that the acceptance of tho,wrick provided for in tt:is - contract, or the payment thereof, shall not constitute a waiver of the part of the city of my of the provis- ions of this contract, nor .shall it release said cczitragtor or the aareties on his bend for the faithful perforiftr ance thereof; nor shall the acceptance be prima facie evidence 'of the performance or any provision of dais contract, except to the extent of entitling the contractor to the contract pricE :therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in- the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor.; and the city may reserve out of any allowance made on any estimate in favor of the contractor or' b,!z assigns, or out of the amount due him or his assigns upon the completion, of the work, so much as may cessary to pay all laborers or material then for amounts due them for Work done or materials; used or. iurnished to be used in the performance Of 'khi.s contract and the doing of said work, and the county treasurer, acting as city treasurer, ma retain money �oac red from property owners assessed for said improvement to pay such debts or until the contras or s°.owS that they have been paid or satisfied `line ec,at-a�*o� agrees to remo­all rubbish, earth, and unused ra nteris,l in the streets or sides I i-rc :l upon the completion of the, improvement or the repairing thereof. The work of rnaking such improvement shall be completed before according fore the... P cording to the teritrs of tells contract on ur unless the time for the completio -- ...........t.......:....�.all be of............ --.......... ... .. 19 n oft sir. a shall be extended in writ g by the Boprd�of Publie WoOrs, And it is agreed that any such e•etenRion of timA, or any alteration of this ct',nitract or of the manner or meth- od of doing such work,shall in no way affect the duties, obligatiors'or liabilities of the contractor or his sure. ties. It is agreed that the contractor shall not assign this ',r.-w-`ra.^t, or sub -let the work or any part thereof to be done hereunder, without the writ en co nL_-nt of the Board of P+rhlic Works, It is further agreed and stipulated that �'! contractor shall give to residents of said city and county preference in the employment of all labor necessary to the performance of this contract, and failing to do so, shall` forfeit to the city the sum of ten dollars for each faih.ire 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 and paid to said contractor in the manner fixed b .. the statute governing Lients. Y g g the making. of such improve. To each of the Conditions and stipulations of this contract, including all and singular the provisions and teri:ns of the plans, profile, specification3 and resolution aforesaid, the undersigned binds himself or itself, and tl.a ricpective successor or assigns of such parties, •In Testimony Whereof, We., the foregoing named set our hands this 22nd,,.day of June 1921. 6 E parties, hereunto CITY OF SOUTH BEND , INDIANA. WHITCOMB & KELLER BY G• A. ELLIOTT BY F. W, KELLER H. F: ROSTISER. Pros. JOHN F. DEHAVEN Contractor. Its Board of Public Works. r rr n ones s •,• v . ne na .. i�i �. , l;On3r�il:��ft=� , CONSTRUCTION BOND all i_-:_ 9 by tl Asa pecaents. That we °---- ►hi somas, & �K611g1+ ._. ` St. Jose h -- - - - _ .r.,. .._ M.,..., gfthe County of----____— �_. _---�--- - - — Stag of:�. , Indic. ............... as pr ocl- pal and '.__--- -_L�s1 E_.- .- Ihd. let b - &' k'r@�1- +}' X ,7. ---..._.......... ....... ....... ...... ..........;,,.... St. Jo -,and Sx�}e of ....... Ii0431&� . .......,.. of ,the .County of- - -- -- - --seh -- --F -- - as sureties; are held and firmly bound to the City of South Bend;, Indiana, in the sum. of ....::............... , na --- Thal.sand--TWOL--- -Dollars ($ 1286.00, for the •payment of which, well and truly to be made, we jointly and severally bind ourselves, our ft.;4 ;, executors, adminstrators and assigns, firmly by these- presents. ' The conditions of, the obligation are such that if the above named . ..... ,».,.,,, lb--- e-- e 3e _-___ _ - .: shall faithfullky, wca with tilt, triads and +ent re a , _ ° ....:... ;�f'����ai e d info the .- y a .._�� t da of ,..7d�,, with the Cityof SO th qe I ♦ •• e.ueaeere�ar :::e� ; pd,. polan� and shall ful!ill alTths conditi.orta inn stioulationa ftheroin 06Ith]A-0 1 according to the true intent and r'nea,iin thereof, in all rep g -- . . .,ae.cts, thsn;this obligation. to be void,:ot��w [l? to be and remain in full force and virtue in law. In the eve:-,-. the said City sigh extend the time top i s com letion 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 Velpo #sibtoo1� maintenance and repair of the improvernent after it has been accepted by the second party, but sg@ st}1 �t � shall be responsible for the fait' ful compliance with all other cottdit3"Its, stiiAtlatiobs �ltd re .ix ,xa� it ofjyorpd ,by or set out in the contract. WITNRI SS our hands and meals. this.............2 ,10-a .....,.Leslie C MWhite©mb .......... (SEAL') Whitcomb &Keller l ...... d,-.�1., ..Ke1�. r ........... ..._.......... (SEAL) .. ,,,,,,,,,,,,,,,,. _. (►;� r ;) The above bond approved this ------ - --- _ June ­ 192110 ... ........ A . ELLI OTT w_ ,......................... ...............---..._...... ...a..»....»........... Board of Public Vvorl q. APPIDAVITS P OR PERSONAL, SURETIES. STATE OF INDIANA �SS ST. JOSEPH COUNTY .., I, Leslie CC. White` mb, swear ti�t I wn real estt,,��te in S Joseph County, State of Indiana of which � am ossessed in roe simple of the v 1"ue yf T n Tho s d Dollar ver s above my indebtddness and the exemption allowed me by awl as I elleve, so e�p me god. LESLIE C. WHITCOMB Subscribed and sworn to before me, the undersigned Notary Public this 22nd... day of June 1921. My Commission expires Des. 4019236 J. D. LO tary Public STATE OF INDIANA ST. JOSEPH COUNTY )SS I, Fred W. Keller, 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 Ten Thousand Bollars over ana above my indebtedness and the exemption allowed me by law, as I believe, so help me God. FRED W. KELLER- Subserbbdd and sworn to before me, the undersigned Notary Public this 22nd. day of June 1921. J. D. LOVELAND My Commission expires Des. 491923. Notary Public . 508: - i Wednesday June 22nd., 1921-'` Centinued.a PUBLICIMPROVEMENT CONTRACT, IS`` AGRR T Mae ndenteeddino t)is1t fJ e1 IIb 4 d 'betw een ex Bukows oaf the and ® 3ta`e'� Inc` 9herin 4 ; rr d. to a the C n actor ,. a d he + o S u h e d n e County e�. a do es z�� b anc tin is B r ® $ rk �aacrt r r at1 ) , , u3�d�'3 ue o an o Re P81 ASao o the S. $e e££ 314� a ti A� et it 21car�, �d e1 1 r ®ations�aPFrvved re b,� an a endao and s ee®: ' uPP1+ on as itnesset that 'the S S® ena>y S and gees to rode>tubhd walk n ins ire t from C rour to et. a2 �q west or Sixth Street Myth Belled, n%c 'a at On� for the jffftc�06 owin rues:- 8P 4250 2n�; ft. of cu�sd ing per lin ft. ...........#.34 4052 cup �rda., cif Srilag Per`Su yd•:.►•.••.......... .55 2t600 sq ft : of ee>�t roe,lk per sq.' ft.. ,135 and posf all wok iz tits pfecution at ,said tznTx ovement under and az : c, ding to the terms atzd �o> ditions of Ittproveme t 1 �nxigtf Ivo, .-. .: , adopted by ttie hoard. of Public Works.......April26,1921. and the plailrt3 prof cud eaz}cahons t►zz file in}�e office of the bepartment of Pu51ic Works, which sai resbi {� � �� } r� le nd `sp, cificatiotiI are tn� a tt: part heredf as fuller and effectually as iit Copied and set' �u : h 'I itt ull leti th ; �'he contract®r .further eipresaly covenants and agrees t,hrat in the prosecution of said work ell proper s i11 and'care ftll be eterciSid; qi he 4 "1 p- ; t' ; ..-; r al,d � o'�ct ail excavations and dangerous place and will tise:ail dtie,and prover preLa:;tio:l to Lev tlniury tq;,r!y person or rv�,Ar� i jory,or` a,tn . e.i'esultin fre; i thp. u� rP P y, that N the event' or ,,A1 i- ; fi� m . y Tr tter or-thinv ronn'Pctrd theCeNvi4� or arAing theref rgiri, t� any pereTn or nrepPrty, h 11 rav a•, ; h� ,idate the same . tiffs own expense, and as= esiiti8 the lit thetetor'= nd in event of�any claim or claims,bA ng made or any action or actioi9s hero #... t brought ag�i%Fst the citytb reason or on accduL of or growing out of _�.id work c or its. construction, fhe sail ®ntractor itl at hie own expedse; Mend the 'same, anq .:rill pat any yudgment recovered therein, and will in all r�®pests frilly indetnriif sled save harmless said City, its officers, agents or representatives frorn all oost, xpen®0, $a .mot ® ludgpier}t' #•ecovered is cbntiection with such claim or claims, action or actibno, And ' within ten a`. Ys afisr an�.such s.trtion is begun,'the city shall notify the contractor of thr, pendency thereof, then any ginent reYidezeti.agatnst the city shall be conclusive against the contractor and against the surety his C6tl8tructioH bond, as to th:Y amount;. liability and other matters pertaining thereto. And the contractor agrees to saintaii� said i" r-OveM(eat .and n 1ake u ., I e ppericd'and in'the manner 0 Axed by the •j �cii GittloEts, si7d to 9efiure �lne i tc c1 ece s y fc t to file with the Board of Public Works a bond with sufficient gore : thercon and�in an amount-" , ixe bete©t specifications. And in ding such repair work the contractor acid the curet ®n #iis d by he subject to the sane liability -to the city and any other ®rson for an Injury or dazri ®ranteeebsond ni ®r shall be: stru in, the same manner and t® the same extent is fixed is the lit preceding paragraph covering the struction work; ;. , And it is farther agreed by and between said par0ns thst the accep€once �f the work provided for in this contract, or the payment; thcre®f, shall ri®t .c®itatittite a waiver ®it the part of the city of any of the provis= Ions of this contract, nor shall it relsa a said contractor or the sureties on his bond for the faithful performu ancd;thereof; riot shall the. acceptance be runs, facie evidence of the pertormarice of airy provision of this contract, except to the extent of entitlin the contractor to the contr*t price therefor, The contractor agreep:to pay for all labor and materials used or' furn In the making of sutip�h improvenfient-and in the performance of this contract; whether done orhfurnished fored to be him, or his agent, as%igaee,; eucceesor or subcontract. or; aid the city rzmay reserve out of any allowance mado on an estimate in favor of the contractor or"1ji� assigns, or Out of the aniuunt due him or his Assigns upon the any of the work, so much as rna aeesiiary to pay all laborers or Material Mon f®r am®u is due them for work do�pe..or materials :Used 'or fi�rriiehed to be used in the por�rritauce of l f a®amour and the ding of said" work end the enutity treasurer, acting .as city treasurer, ma retain money ®11( Owners assessed for'said.itzzprovczitent t® qq � a �fied from property paid pr IKtisi~iod lY such debts or until trio �iitrae€of s!arp tltaf they harp been The eA7t.a�tor agree .ti9 reuxA t all rubbish, earth# and unused material in the streets or sides t`scr, ->: upon eh c pletion of; the ImProv tme. ' or the repairing thereof. `lie �'or Of malimg#eh improvement shall be completed according to the terms of this contract on or bet ire `the >_ _, ... .----------- ------ day . of.....------= 1e�s the tt a for,the completion of the sar.-e shall be extended in writi-g by the -Board of Public iWorvs. And it is agreed that any such extension of time, or any alteration of'this cent od Rf, d@ii}' such 'orlt shall in no way affect the duties, obligations or liabilities of the contractor or his ract or of the manner or sure- 1 lea. i is agreed that the contractor shall not assign this. -act, or sub -let the work or any part thereof to be done hetezinder, wiib'6'4.the writ- en co 'k of the I3::<trd of' P:.bu Works., f1 is fiii'I set agreed and stiPulated that *b ° contractor shall give to residents of- said city and count prefcrcitce. in the employment of all labor necessary in the performance of this contract, and failing to do. so shall forfeit to the city the s;;:n of ten dollars for each failure to observe this stipulation. And upon the pCrf®riiance ®f all the terms and conditions of this 'contract, and things to be done and pei'foti'icd.by ilsid contractor the said city agrees to. cause the cost of doing such work to be assessed, col- lected and paid to said Contractor in the manner fixed by the statute governing the rents:_ g g making of such improve - To each of the conditions and stipulations of this contract, including all and singular the provisions and teri is of the plans, prQfile, specifications; and resolution aforesaid, the undersigned binds himself or itself, and tl4o rc:;pCetive successor or assigns of such parties, In Testinony Whereef,_We the forggoing named parties -a hereunto -Set our hands this 15th. day of June 192le ALEX B CITY OF SOUTH BEND, INDIANA. Contractor G�.:: A: ELLIOTT JOHN F..- BEHAVEN Its Board of Public Works. r - 5f�g Radn&.04alt Tung, CONSTRUCTION R60ND i re c. _ by iic e€ rts. That We--- •--. .......... ------- � ��E�-����rt�� .......,....... ..... ' of the bounty of__.. o St. Joseph_____, - -- p_ ______, State af_:-..I11d 3atiei ..,, as pjrinet- pal, and united ° Sta_tes Fidelity Guaranty. Co..s.,r, add, of the County of- -- — ---------------- — -- -------- --- — ---- and State. of ........... ..............«« .... .............. «..�... as sureties, are held and firmly bound to the City of South Bend,. Indiana, in the sum of ... .............. .... :... .... ::».. Three Thousand Two Hundred ninet ..Four' _.-..:.Dollars ( 3,294.0 .......x....xx .x...x. . ........ ........ ........ . ................__ ___-__ ___-._ ........� �, for the payment of which, well and truly to be made, we jointly and severally bind ourselves, Lour heirs, ° executors, adminstrators and assigns, firmly by these presents. The -'conditions of the -'obligation are siich that if the above named ... _.....:.«... .:.««.. Alex BlIkewgki.._._..�........x„....shall faithfully = 1th tbi U41% made and entered into the .. 1�#►h. --- - - . da of... .�.,:......,,,1 -- ...., -, ivith the City of South Bend, Indiana. and shall fulfill al the conditi®us anlat e�e I amorAin to, the true intent and rmea.iing thereof, in all respects, then this All�tlo� 1�.�� t�1 � at o; 8r to be An remain in fi4l`force and virtue in law. In the .event the said 0ity sY� all a te#id. the t�l � or �# Cow ietion of said work, such extension shall not in any way release the s�ureti'es oil We ` arid. This shall be a construction bond,- and the.sureties on the same shall not be held relpoulb fortale. i intettance end repair of the improvement after it •hss been accepted by the second party) bdf #It# 1040#4 shall be held responsible for the fait'-ful compliance with all other conditinno, stipulations kad t#tjdltotnonto. eovpred by or set out in the contru,�t. 0 .>I..(t�1MNTY - A z h@ Phow bond approv6d this...._ ................. 22,"*------ &-Y `&f June 1921, .._.,................ Q. A. ELLIOTT --................. .,......... . , ,JOHN F. DEHAVEN a:aitt ana...•...........x.......x.......«......«. ...«.....>._.._.._..w 48a38iiiiiaiiHa.HNq................x............«......................._.........- �ardobi�<-�Picb7.jid=:�W®rks, \