HomeMy WebLinkAbout07/13/1921 Board of Public Works Minutes- July 13th.9 1921.
Board> met in regular session at 7:15 P.M. ]t, F.Rostiser absent.
Hearing had'on resobttion No. 889 for the pavement on Emerie k Street
from Creseent Avenue to the south line of Corby Street, in'the City of South Bend,
Indiana ,
a
Upon said hearing Attorney Hubbell appeared and filed written remon-
strance for the Michigan Central Railway Company against said improvement, petitioners
for said improvement were °present for pavement. And the Board being fuller advised
in the premises, decides that the benefits to property liable to be assessed for said
improv-ement are equal to the estimated cost of the same, as reported by the City Engineer,
and thereupon, overruled written remonstrance filed and takes final action on said
resolution as originally adopted, and the same is hereby in all things, ratified, eonir.ed
and approved.
Resolved further, that notices be published on -the 15th. day of July
.1921 and on the 22nd. day of July 1921 in the South Bend News Times, a newspaper of
general circulation in said City, stating that .this -Board will 'reeeive bids for' the
construction of said improvement up to 10:00 A.M. August 2nd., 1921 The Board reserves,
the right to reject any and all bids,
COPY OF WRITTEN REMONSTRANCE FILED BY -ATTORNEY HUBBELL
TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, I11DIgANA:
IN THE MATTER OF THE IMPROVEMENT
RESOLUTION NO. 889. ADOPTED JUNE 149
1921 to IMPROVE EMERICK STREET FROM
.CRESENT AVENUE TO THE SOUTH LINE OF
CORBY STREET. ,
Comes now the Michigan Central Railroad Company and shows that it is the
owner of ,property on the west side -of said Emerick Street and abutting thereon, which
is liable to be assessed for the proposed improvement; that it objects and remonstrates
against said resolution and the.proposed improvement thereunder, for each of the following
reasons: o
1. That said improvement is not required by the public needs.
2. That the cost of the proposed improvement.will be :excessive considering
the character and value of the real estate to be assessed.
3. That the cost of the same will exceed the benefits to the real estate
to be assessed.
4. That this Board has ho legal authority to order the same.
5. That the property owned by this remonstrant abutting on said street
is used exclusively as a ri ht of way for the operation of its railroad -
and that said real estate if not situated so thkt it can be used, or is dkt
to be used for any other purpose.
6. That this remonstrant will receive no benefits thatever from said improve
meat. -
FILED MICAIGAN CENTRAL RAILROAD
HUL. 13,1921. COMPANY
BOARD OF PUBLIC WORKS BY S. C. HUBBELL
BY G. A. ELLIOTT Its Attorney.
President.
Remonstrance over -culled
July 13.,21 G. A. ELLIOTT
Hearing hadon assessment roll and final estimate for pipe sewer
on Fredelickson and Elmer Streetsq,ftom Olive Street to Lincoln Way West, under Improve-
Mentz Resolution No. 793. IN the City of South Bend, Indiana.
In the above matter no remonstrators appeared and no written remora-
stranee was filed, The Board therefore find that the property assessed in said rolj file
June 22nd. 1921 is benefitted in the amount of assessments as shown on said rolls and
the Board further find that the assessment roll filed June°28nd. 1921 and the finaf estimat
allowed June 21nd. 1921 should be and the same are hereby in all things, ratified, confirne'
and.approved.
t
5,412-
W scla.. July 13.h_ . 1 QP1 _ cant, inti arl o
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.
Upon said"hearing 'remonstrators appeared and.written remonstrance
was -filed. The Board deferred said hearing until Wednesday July 20th.,'1921Dat
7:15 P.M.
Hearthg.had on resolution for pavement on Virginia Itreet from ;
Broadway toRIndiana Avenue, under Improvement Resolution No,: e90, IN the City of
South Bend, Indiana,- 9
In the above matter remonstrators appeared and a written remora-y
strance was filed. The Board after hearing all interested
g parties, sustain" _
said ,written remonstrance filed and hereby rescind all action on said resoluion.
Hearing had on re -solution for the Opening of Johnson Street from
Mayr s Michigan Avenue Addition to E�;tor:d. Avenue, under Condemnation Resolution
No. 62. Ln the City_of South Bend, Indiana.
Id the above matter Theodore And ysiak appeared and filed written
remonstrance signed by Zakul Andrysiak and Jaco Andr siak a'ainst the openingof
said Johnson Street, no other --remonstrators appeared a�d no f�rther written remon-
strance was filed. The Board therefore over -ruled written remonstrance and sustain
all former action taken, and declare the above described property in all things
:condemned and appropriated for public use and this resolution in all things,
ratified, confirmed and approved.
The Board further ordered the.City Engineer be.instructed to
prepare a roll of all owners or holders of property and of valuable.nterests
therein sought to be taken.or to be injuriously afftected which list or roll shall
also,describe the property Baneficallf afftected, and show the awards of da es:
and assessments of benefits in the above matter. o �
Copy of written re monstrance filed.
City of South Bend To the Board of Public
Saint Joseph County, SS Works.
State of Indiana.
I th matter of Condemnation Resolution No. 62 The purpose
of.the same is for the- en ng of Johnson Street from Mayr s Miehigan'Addition
to Elwood Avenue. Ave.
The undersigned would respectfuligy reppresent to he Boa d'of
pp blic Mork that h is.a f eehollae s of the Co m y of 8ain`t Joseph and that �e is
t e owner o� the fo�lowing dreseribe� land, to-w�t:-
Five and i ty hundreda•",(5.80) acres of land taken off of
th' Feast end of a tr ct of ten fl acres, which ten acres tract is taken off of at
n rom North and of the wes �� of the north .east
3 in Townshipp thirty-seven North of qua t r of Section Tree
hereby conve sd being Six and six ' the r rage two (r2� East, of the amount
y g sixty Tvzo hundreds �6.62) acres, bein the same tract
granter purchased of Adam and Viola A. Keller by Deed dated March 2Jth. 1888 and j
recorded in Deed Record 78 on page 191 in ha Recorders Office of said County
and containing Six and Sixty Two hundreds .62) acres, more or less, the amount-
is
not hereby warranted.
That said pro osed o eni
`from Ma r s Michigan pp P rag, as laid out by the Board name
y gan Avenue Plat, whic"h Plat is recorded at Page 190 of Plat Bq
No. 8, of the Records o Saint Jos ph County State of Indiana and r the
to the Public Highway, Elwood Ave which en ends East and West on the �Northnl me of Section Three (3), Township Thirty seven 13'7) North, Range Two (2) East in said
County and there terialinates the East and Blest lines of said Johnson Street extended
to be the East and West lines, respectfully of said Street and the d Street to
be fifty (50) feet in width and all in Saint Joseph County, Thirty feet of
which will pass through the above described land of this remonstrantM) and that by
reason thereof he wilI have several hundred loads of sand to haul away, as the terminus of the Johnson Street is graded low at this point, leaving a bank of sand
six foot deep, when the City will want the Street graded which wilt cause this
remonstrant the expenditure of five hundred ($500.00 Dollars.
That if the said pro osed street passes through the above
described land of this remonstrant it will orce remontrant to pay One hundred
($100.00) Dollars for fences.
That if the said pro osed Street passes through the aboved scribed 1 nd of this remonstrant it will orce remonstrant to pay tine Thousand
1�( 1,000 00) Dollars for cement walks and curbing of many lots.
dThat if the said proposed Street passes through the above
escribed lad of this remonstrant it will destroy and make useless as a barn -yard
driveway and lawn at the side of the house land three hundred and two (302) feet
long by thirty (30) feet wide, or Nine thousand and sixty (9060) square feet, or
the equivalent of two lots adjoining in Mayyrs Michigan Avenue Addition, valued at
five hundred (500.00) Dollars a piece, Wi11 damage the remonstrant one Thousand
($1,000.00) Dollars.
473
That if the.said proposed Street passes through the above described
land of this remonstrant'it will damage and deetroy his took shed, coal bin and house
garden to the extent of three hundred ($300.00) Dollars.
That if the said roposed street Passes throw h-the above described
11and of this re o trant it w1'1 dee andd damage valuable map�e shade and fruit trees
to the extent o Three Hundred W88.58T Dollars.
That -by reason of location of said street as set forth in the above
this remonstrant will be damaged in the sum of Three Thousand and two hundreld (3,20000}
Dollars.
Therefore this remonstrant asks that the Board -of Public Works appoint
three disinterested freeholders as viewers to view said -street -and assess the damage
occasioned to this remonstrant by reason of the location thereof,
Jacob Andrysiak - 'Remonstant. Zakul Andrysiak
June 13th., 1921.
FILED
JUL. 13 1921.
BOARD 6? PUBLIC WORKS
BY G. A. ELLIOTT
President.
Remons-trance overrulled, Reso.
Confirmed. G. A. Elliott
CnAtract for pipe sewer on St Joseph Street from Haney Avenue to .
Indiana Avenue awarded to National Company at $746.00
Contract for pipe sewer on Carroll Street from Indiana Avenue to
Dubail Avenue awarded to L. H. Webster at.....$805.80
Concernin the im rovement of the roadway of Benton Court from
Milton Street to 1st. alley Ngrth of 1�ilton Street with as halt as haltic concrete
bitulithie or brick in puraeaatce to resolution No. 883 this be tthe day set for the
making of the.preliminary award desi nai�th
in thhe kiind of ave entt th Board at 10:00 A.M.
Tuesdy July l2th., 12I publicly opneead and consipdere alb bias, and then con-
tinue! their meeting o Wednesday July ., 1921 at 7:15 P.M.
Now on last named date the Board designated Asphaltic concrete s the
gekind of vement with which said street is to be imp -roved and fixes the.25th. day o
e y 2 t 1 :0$ as the time when petitions ror Chan in the Lind of p veme t must
fi a and her hereby continues this matter until te6th. da of July 19I
re the above named day the Board will either pass on petitions let said contract or
reject all bids.
G. A. ELLIOTT
JOHN F. DEHAVEN
Attested:p Board of Public Works,of the City
Veronica C. Sweeney, of South Bend, Indiana.
Estimated cost for grade, curb andaad walk on Frances Street
from Corby Street to Napoleon Street filed at ......................6,016.00
Estimated cost of grade, curb and walk on Marine Street from
Calvert Street to a point 110-- feet north of the north line of Bowman Street at.$1,100.00
� J
-5-44
•. _
Wednesday July
13th., 1921. Cntinued.
Mrs. W 1helmi ia Fish r Mr. Cord
and Cher pr ert ovine s
of a�ey nest of
fia r3nelreeenowpipnoweas
Aum�ForhouOrtr�o acionas�takeng
The following claims allowed.
Miscellaneous Dept:
$12.50
City Hall Dept.,
130.00
Miscellaneous Dept..Y
40.00
'Nalary Dept.,
62.50
"
Building Dept.,
404.16
F. A Henry Elec.
30.00
We A. Slick, Treas.,
29,432.10
W. A. Slick, Treas:,
4,347.83
Stindard Oil Co.
137..03
John Gill
-
141.75
E
"
President.:
1