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07/19/1921 Board of Public Works Minutes
N Board met in regular session at'10:00 A.M. All members present. D. C. Layton, Street Commissioner reported on complaint about Gieenlawn Avenue. Recommended grading and curb from Mishawaka Avenue to Grand Trunk R. R. Drainage is the trouble. The Board ordered a resolution for the:grading and curbing of Gr.eenlawn Avenue from Mishawaka Avenue,to Jefferson Blvd. Communication received from Grand Trunk Western Ry. Co, in rebommending repairs on Harris Street. Same'read and placed on file. Communication received from E. L. Hickman Agent Michigan Central Railway Company in regard to treets om North Emerick Street .=came referred to D. C. Layton;, Street Commissioner for report. Property owners residing do McPherson Street appeared before the, Board in regard to resolution being prepared for pavement on McPherson Street as per , petition filed July 6th.9 192p1.$ The Board instructed the City Engineer to check up petition to show` the number of resident freeholders and if same were in a majority a ,resolutdn would.be prepared. Petition filed for pavement on South Marietta Street from Sample Street to Studebaker Street and resolution ordered same. Resolution ordered prepared for sidewalk on north side of East Campau Street. Resolution ordered For pipe sewer on St Peter Street From Napoleon Street to Howard Street. Petition filed by the Citizens Homes Company to vacate -the alley Street to Stu betwee Bowman Stree and Donald Street from High debaker Park. Resolution ordered prepared on Same. Estimated cost 4)i pipet, sewer on Hoffman Court From Pennsylvania Avenue to Wenger Street filed 19125.00 Communication received from W. H. Marshall Mgr. of Bond Departmerw� of. Marshall & Ilsley Bank of Milwaukee, Wia. in regard to the selling of bonds on Eddy Street and Mishawaka Avenue Pavement For the -White Construction Company, same referred to the City..Controller for answer. Remonstrance filed a i� t grade .ourb and walk improvement on St. Peter Street from Wayne Street to G nd Trunk Western RailwaY Company. Same read and placed on File. The Following Communication with a waiver was received read and placed on file. July.15,1921. Mr. G. A. Elliott, Chairmen, ° Board of Public Works, City. Dear Sir :- In accordance with our understanding of the 13th. instant I am enclosing herewith the request of this company that the portion of the East Jefferson Street bridge occupied by our tracks, be included in the general contraLet for the imaprove-� went of the bridge by paving., together with the waver and request -of this company` for the ten year plan of payment. Yours very truly, R. R. SMITHS RRS: WS FILED 2nd. Vies Pros. & Gen. Mgr`. JUL. 19 1921 BOARD ff PUBLIC WORKS BY G. A. ELLIOTT ° President. n M_ 546 rthwerav .7u 7 v 7 Qth _ _ 1 Q71 ti railed. TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEtdD, INDIANA s , The undersigned, The Chico o South -Bond & Northern Indiana Railway Comppany hereby notifies you that it wi s that portion of East jv- f *rso_n et Bridge which is oocupied by the ty*cks of this Company and which portion this Company is bound by contract with the, city ta' improve, to be :inc�.ud- ed in the paving and i` rovemen ,and the cost thereof 3n tho eneral contract - let b your, Board for the, improvement of said East Jefferson treet Bridge as, .: deser bed in said IMprbvemQnt Resolution No. 888. ° We also'ask that Metropolitan or equals good paving brick bbe used; t trick be- .la..d in sand cushiaAg with asphalt filer l etwe n bricks Other tea- as to the .construction .of th, t portion ocacpie an pain for by -the Ra t be determin d.byh Boa d%Pub i No ks the Cit Erse a,h aeagmpay, prey outs tche ac opon o'ina puns andpe ea fur s I'd improvement.= Respectfully submitted, dhicsgo, South Bend & Northern. Indiana Railway Company, By, 9. Be". Smith Dated at 'South Bend 2nd. Vice -Tres. &' .Gen. Mgr. Indiana , Jul' .1:8,1�210 ijed ul. 1 ,19q2�1. ARD O? PUBLIC•WORKS BY G. A. ELLIOTT President. ° TO THE.HONORABLE MAY OR AND BOARD OF PUBLIC WORKS OF THE CITY OF...SOUTH BEKD, INDIANA. Gontlemen The and r ign d hics ,` oath B ndd & N rthe n Inds liway Company desires too a agvantage$ the provsio o an antit e An Aet CC ncar n� Muni i al Co t�orati n a rov d Mar, h 1. 5a and , tin lar Sec ton 2 nand Jalmendaary and su�pp1men aas tb: grcrr$ore man- nor of payment of 'tht 'paving ' of • streets •anal -alleys in olties and .towns, for the issuing and .sale of bonds tthherefdr .and .for the colleption of same, and for such purpose - hereby,expresely waives all'objectio-ns on account .Of illegality or irregularity of the proceedings had for `the improvementby psv32g o#',ast Jefferson Street Bridges to the City of South Bend, .Indiana d+aigm ttd ,in Rmp rovement Resolution N hher 888, �adopted b sa d City,and',.regna hat said y tat* such action. and do such things as flay U.-neeassary --to an t e the undersigned to take advanta a of the provisiolke of this act, and to include in -the amount of the bonds o be issued or -sold the entire cost of that part of the paving iNprovemont properly chargeable and assessable against the said Company. CHICAG09SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY. R. R. SMITH Dated this 15th. day of July 1921. 2nd. Vice Prose Gen. Mgr. FILED JUL.1%1921. BOARD. OF PUBLIC WORKS BY G. A. * ELLIOTT ° President. Complaint filed about water tap broken at 1121;W. Indiana Avenue when sewer was laid, property owned by Mrs. Gud Meyers, this matte referred to D.`C. Layton, for report. Engineer'todk up matter of assessing benefits and dams es on Opening 'of Johnson Street, and the Board ordered that assessments of benefits and wwards of damages be equal. D. C. La ton Street Com. 'took upp matter of defective ,.pavement J on-Dubail Avenue and Hi h Street, and on South Bend Avenue. Board advised that The White Construction gompany be notified to repair same. Excavation and cement contractors bond for the sum of $1000,00 signed by Alex Fredericks was approved by the Board. Engineer filed assessment roll and final estimate for pipe sewer on Longley Avenue from -College Street to.Wilbur Street, under Improvement Resolution No, 859. In the City of South Bend, Indiana. Resolved that the entire work done under the above resolution and the contract let thereunder be in all thin s accepted and approved and that said,fina] estimate be allowed,, Resolved further that notices in form required by%law be published on t°he"2lst. day of July 1921 and on the 28th. day of July 1921 in ;the South Bend News Times,"a newspaper og general circulation in this City, setting and fixing the 3rd. day of August 1921 at 7115 P.M. at the office of this Board in the City Hall South Bend-, Indiana, as the time and place when this Board. will receive 'and hear remonstrances against the amounts assessed against each of the lots and parcels of'land on said roll;, and will hear and determine whether such lots and parcels of land will be specially benefited by said improvement by the amounts stated and set forth in said roll. Engineer filed assessment_rll and final estimate for water connections on Chestnut Street.From Washington Avenue to L. S. & M. S.`R: R. under Improvement Resolution No. 867. In the City of South Bend,, Indiana. Resolved that notices as to the assessments be published on the 21st. da 'day of July 1921 and on the 29th, day of July 1921 in the South Bend News Times stating that this Board will ive 4a� hearin on the amount of such assessments at its o ice in the City Hall on the f rd. clay of August 1921 at 7:15 P.M'. Resolved further that the entire work under the above contract be accepted an°d approved and the final estimate thereon allowed. Engineer filed assessment roll and final estimate for water connections on Notre Dame Avenue from Jefferson Boulevard to St, Joseph River, under Improvement Resolution No. 868, In the City of South Band, Indiana. Resolved that notices -as to the assessments be published on the 21st, day of July 1921 and on the 28th. day of July 1 21 in the South Bend Daily News Times - stating that this Board will give a hearing on he amount of such -assessments at its office in: the City Hall on 'the 3rd. day of August 1921 at 7:15 P.M. Resolved further that the entire work under the above contract be accepted.and approved and the final estimate thereon allowed. E sneer"filed assessment roll and final estimate for water con- nections on Miner S" eet.from St. Louis Boulevard to St. Peter Street, under Improvement. Resolution No. 878s , in the City of South Bend, Indiana. Resolv d-,1that.notices as to the assessments be published fn t , 21_stda of July 1921 an on.the 28th day of -July 1921 in the South Bend News "",- stating hat this Boa rd will give a h;akin onthe amounts of such assessments a ilts ##flee in the City Hall on the 3rd. day of ugust 1921 at 7:15 P.M. Resolved fu rthet that the entire work under the above contract be accepted and approved and the final estimate thereon allowed. Engaaser filed assessment roll M awards of "Da ges and assessments of benefits under Vacation Resolution No. 57 for the Vacation of Fisher Street and Duhham Street and certain alleys in Elliott Tutits ADditioh and Swygart's Sub -Div. in the City of South Bend, Indiana, The Board had ordered that notices of -such awards of damages and assessments of benefites be served accordin to law, and that a hearing he had on the 17th. day of August 1921 at 7:15 P.M. for t e purpose of receiving objections of any ..persons interested in said matter. The City Engineer submitted the list of propst$y owners'in the matter of the appropriation of certain property under Cnndemnation Resolution No. 62 for the Opening of Johnson Street from Mayr s Michigan Avenue Addition to Elwood in -the City of South .Bend Indiana as resolution on page: 492.�record No. 9.0 which list includes the names of the owners and holders of property and of interests therein sought to be taken or beneficially or injuriously affected, and the deserlption of the several ptteees of property which is affreeed by the said 9ppropriation proceedings, assess the bene �trsThtrAu on to Board diproceeded to award the damages sustained and to ti 3 g P property upon said list. It was 4ereuBon, ,,4 o4,trjotJon duly made and seconded and unanimously adoptedm resolved that �sai ,Mist, tgggtAer with the amounts of benefits and damages and ' net benefits and act dims es therein set forth as to the several parcels of land be adopted and ordered spread upon this record by reference, and that the respective amount of benefits contained in said list be and are hereby assessed against the several tracts 1 of land as specifically set forth in said list, and that the respective amount of damages,.; contained in the said list be;and are hereb awarded to the several tracts of land as specially"set forth in said list, and that the net.benefits or net damages, as the case may be as the respective tracts of land, contained in said list are hereby awarded or assessed as the case may be as to the said several tracts of land. i 51S Tues&WJuly ;l9th. s 1921. ContinuedR>� r The Board hereb furt er sets ff the benefits and da es ch 3 4—ainst'the other where bot bene its and 3�magea are assessed agai`fst t�e samea piece of property, tract of land or interest, and hereby fixes said respective net benefits as the amount that shall be paid by the respective owners as benefits and further.hereby fixes the respe etive net dsmsgas as`to'the several tracts as the amount that shall be paid to the owners of the apspective tracts as damages. Thereupon upon motion dull made and seeonded.and unanimously adopted, the 28th.. day of Sep`ksmbev, 1921 was fixed as tyre •day onwhich this Board will , receive or hear remojtAtTemeea. from .person's with regard to the amount of their respecti a awards ean+esamonts, and th# Q :ark of this. Board was 'instructed to prepare and causia Ito and legally lly , en notice to the owners' of each parcel of propperty,' showing the. `amount of the as essment or award with a description of the properly affected, and the.date of said hearing. The; City: En e-er,submit ed,thellist;of proper owners in the matter Y g y -b `the appropriatld t of cert€ in prop 3► iiitiet' Condemnation Resolution No, .57, for t e Wid nin .of K dell S re°a�ttfrom CML e t Street to Sher.il Street in the C'it o Soutgid, Inddana and At on trio names_ of t e ownerA and holder of,proprty and,on interests therein sought to be t&k6n or beneficially or injurious- ly. effected,:-and.the description of the several pieces of property which is'affected by the said appropriation Nropeed:ings. Then Qu on the Board prooeeded to ward the damages sustained and to assess the eneT1 s accruing to each piece_o property upo said list: It was thereupon, upon motion duly made and seconded and unanimously adopted, resolved t at said list, together wih tie amounts of beneits and -'Rama as and net benefits an net ges'the ein set forthas to the severalparcela of land be adopted and ordered sppread°upon this record by reference, and that the rep active .amount of benefits contained in said list be and are hereby assessed aga�.nst the Uveral tr ct f land as ci i al set o h i sal list a that h esD c ve amount of of conUlne n e said st a an� are le egy awarAUS 'G e eve 11 trac'ts o land as sp ificall set forth in said st, and tha� the net e e t or tar,a es, asie cas� ,� be as teed eesptg ve tracts o ad-, on - a en s 1 s e he eby aware r assesse , as a case may be as o,tigi saiR severat Zacts o landd The Board -hereby further sets off the benefits and damages each against theother where both benefits and damages are assessed against the same piece of property, tract of land or linterestd, and.hereby Dixes said respective f'ugheSefesnhehrespee3vegn�ida geseasegehai seoveraystraesnasits the, amounts that shall be paid to the owners of the sgispeetive-tracts as damages. Thereupon upon motion duly made and seconded and unanimously�r adopted, the 9th. day'of November 11921 xux at %:15 P.M: was fixed as the day and tame which this`Board will receive or hear remonstrances from persons with regard -to the, amount of their respective awards of assessments and the Clerk of this.Board was inttructd to prepare and.eause to be duly and legally given notice to the owners of each parcel of property, showing -the amount of the assessment or award, with a descrip- tion of the property affected, and the date of said hearing. The following bond and contract approved. PUBLIC IMPROVEMENT CONTRACT. This A regiment, Made and entered into this 14th. day of Ju1��rr 192 .1 Inty and between L. H.�ebster of the County of St. Joseph and State of Indiana hereinafter referred to as the Contractor ),'and the Cityof South Bend., -in' -the of St. Jose h and State of India b nd'throu Its y p , �a y gh 3 Board of Public Works,( hereinafter referred to as the 6ity"� under and by virtue of an Act of the General Assembly of the State of Indiana entitled " An Act Concerni Munipal Corporations, approved'March 6,19051 and ail amendatory and supplem$nisa ,acts thereto: Witnesseth, that the contractor covenants and agrees to construct sewer in -Carroll Street from Indiana Avenue to Dubail Avenue, ih the City of South Bend, Indiana at and for the following prices:- 300 lin. feet of 10 inch pipe sewer, per lin fG....... .$2.00 36 lin., feet of 8 inch pipe. sewer, per lin ft..r,..,.,,, .70 98 lin. feet of 6 inch pipe sewer, per lin ft.. ,7 0 10 manholes reset, each........7.00 2 storm water grates each...._ ......:....... ,..............11.00 11 manhole, curb and cover, each ...................,......20.Q0 I • f 549.j i Y�ICTTI I 1TT,�T T177ir•�7 �67 r�l/�9. 11 -- And to P"wN aril W6Fk In the brosseution of said itn preveain n> u a n>fsteot�ding CIO § `d I pieym em 4e11100" No. ;.... .....� adopted ty the Stiard of 'public ;moo 111 fMA,tele. and speifiati$ on ale In tti office of tits Departieatft€bli a :_- :. 4, i0af% #Mto and specifications are in'de a part hereof a9 ful1►`'and: " l cetu l 9 it3 9a Tho�hlttfa�t�f €het et€pre®sly covcrtarts ant! agrees •that in t e �esecu ioat o'is' dw �€ i €® phi i�4tate will be MMIMed; that he ,,.,,1 pt.00� �i ., „t , l; a tav ti®� n 1 1 €ol �� ��. obi 10il 4§6 all oe iwd- reA�.9tis;► r� pru��a.t inf,� v% � ry ersotl r �*t t § 1ii�ttty of ddfa.�4 fewltffig Fa:l tha i{�'p° or rr ai`,,... f;�tn a ,gtr the 1'h p,. tine ctscl#t h., , Yr of ttatd �on�sted ther�i�34# Af ilMih lh�ffc�l, tip Eft7. G%Q�'1 or bt'o er`y, ll;t 1V ?.r, s 'i�;et i� �svt3 e€I§gr slid 18- P i l e +idate thy: h e s liability tlleWf)r; and to t1 e event ��f any sari or cleinis,b«•ng riiatl� �r ally �cttq� A aEti©n$ being m lght altaihst the city by reason or on s.cco itt of or growing of t of ,- d Trmrk.nu. s®+fS#rt}etion, the said litf�el�f Will at lti OWh etpente defend the &ame, and.will ply any It ganent reeover?d therein, and will in b '.'faipet§ 'tally imemhlffy and cave harmless said city, its officers, �ge�ts or: remresentA#iyes from all cost connecti®n vc it4r such claim. o€ cliims, actipo.ot; actions. And it edt she'll notify,the ,t gr4. "r of tl' pendency thereof; lH.�it � �,t erred 1 #hat tb� ei sl►all be atbnclo-sine aga rant thy',contraetgr a a >nst the Buret . bl~tls�t# mod,: �e t®b �' a%«��ttlt, iiiiahili and "otlh er rasatters pertasinif�g thereto Y g' � Ittd thg eontraetor,,agrees to �naiatain said a..... �ment and make such tepaara as. may he necessary t :. fife period, nd in the manner as. fixed by the sg,Pcifications, and to sec�i*e tbeirpaintenance and repair thereof to 1?Ie with -'the Board of Public `Works 'a band with sufficient surety therepn and in an amou as fixed by the specification*. And in doing such repair work the contractor and',the surety on his guaran e`e bond ihall;b' sub*ttotim same liability to the city and any other person for'any injury or damage.to,any pers;;in or prop etty1h the'san a manner and to the same "tent'as is fixed in the last preceding paragraph covering the cp» structidd work: Aud it is further agreed b and between said nr* . J } g Y r s that the acceptance of ,the wontpprQvided for in this contract, or the payment thereof, shall not constitute a waiver 'the the patt' of't4ie. city oi,`any of the provi1 ions of this *contract, nor shall it release said ;ccritractor or the sureties,�on his bond for, tll faithful pelforrn• anee' thereof; nor shall the acceptance be rims facie evidence of th <, erfGr do a Q4 an tOWison`Of 4his p P," o Y, P contracts except to the extent of entitlin the con£ractar'to the contr'aef price tlsereltir The contractor agrees to pay for all labor and materials used: or furni'� a `to,be :used in the making, Of such improvement and in the performance of this contract;., whether doti or utnished for iii;m, or is agent, assignee, successor or sal+contractor; and the city may reserve out of 'any°a�lgwai;ce' ansd+e on any estimate in favor of the Contractor or h.c assigns, or out of `the aniount due him„or, his assigns boon`the completion of the work, so much.as may ces�.ar to y pay all laborers or materiai Wien for at:}ounts , due them for " work,.dona or materials used o= iurni$ied tq be used taa`the perforrtince of this xoz}tratt atsd theloiag of said• work,= and the county treasurer, 'actin as city treasurer, m" retain money cdilected'iTom property owners assessed for said inn rovcsiiet'lt to pay such debts or until the contractor ak�ows tia>r`they hand.been paid or satisfied j hg coat -a -or ag; ets to remo- aft rub'Pish, earth, and nan��sed arxiatrriad in th t streets or ato�s tlt*re 4Ppn its completion of the iraa}�ronernettt or the xepairink thereat, The work of snaking swt,eb improvement shall be cornpltted' aCcordinrg to the tcrl & of thli Mjf.ra€t aft of loei=ore the,,._. -, -- ..�--•---- __day 19 4tole0s the time for the completion of the sarie shall be extended in writi ig by the f.3daTd of l ubly� of s� And it is agreed that any SUCK e:rctenfion of tire, or any alteration of this C('*�' YgCt or of the R1e,tii a or Moth• od of doing,' such work shall in no way affect the duties, obligations or liabilities of the'tIn trActoe or hie luvo. ties, It is agreed that the contractor shall not assign this tart, or suh-let the work or any part thel'eq$ tta be done hereunder, without the written con ht of the Board of P h1ic, Works, It is further agreed and stipulated that t : � contractor shall 0 ?t to residents of said city and Couut iy prefereanee in the employment of all labor necessary in the performande of this contract, and falling to do 46, @hall forfeit to the city the sum of ten dollars for. each failure to obdearve thli stipulation, And upon the performance of all the terms and conditions pf th;s confraCt, aild,`thillg® t9 be done ftatd @rformed by said contractor the said city agrees to case the cat Of'da'W�' such w6rk'to be a68esecd, col ected and paid to said contractor in the manner fixed by.' the statutevertfiss the rri4k ®t such ipebva t_QAts6 To each of thq Conditions and stipulations of this contract, including all and singular' the provisions aria, t@tms of the plans, profile, specifications and resolution aforesaid, the ,'undersigned binds 'himself or ftself and tho rtapeetive successor or assi"s of such parties. In Testimony Whereof, We, the foregoing named parties, hereunto set our hands this 14th. day of July 1921, L.- H« WEBSTER CBntractor. CITY OF SOUTH BEND INDIANA. BY G. A. ELLIO'1'T H. F. ROSTISER JOHN F. DEHAVEN Its Board of Public Works, CONSTRUCTION BOND 1=' r m� ... Uy 0-r-rThat we ........... hoe .............. Wstrer, -..,,------._............................. of the Coc-o�,ty of - StA.-_.J.o.saph --------------- ---- State of------ -----•Indiana......._:.......__-,......# as pal, and ....Londorrl &Lancashire Indemnitly CompalEy -of America of the County, of------_--------MeN--- YOrk......... ------------- --- ----and State of .................. Nutt_ -YQrk ..................... as sureties,..are helc€ anal firmly bound to the City of South Bend, Indiana ' 1 tta the sum of ...............................-- .,.... F:oum-_-hundrnd-And_._thraa- .-.------- ---- -- DailaYs c 40340 ), 3 for the payment of which, well and truly to be made, we jointly and severally bind oarselves, `afar heirs, executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the above named ............... --- ....... shaall faithfully comply with the foregoing epntract,� rnade and entered into the fir __.:--- - da- of.................. with the City of South Bend, Indiana. and shall fulfill a1P the conditions .apd stlpulatotls therein cgntaiited according to the true intent and meaning thereof, in.ill espeets;'then this obligatio''tt tea ire void, atherwi =` to be and remain in full force and virtue in 'law. In the event the said City shall e�tehd the time tgir t6 completion of said work, such extension shall not in any way release the sureties ori'Ais bond, This shall be a construction bond, and the sureties on. the same shall not ,be held responsible. $or the maintenance and repair of the improvementafterit has been, accepted by the segond-party, but, such sureties shall be held respoxtsible for the faithful co;nplia.nce with alF'other conditions,. stipulations and requirements - covered by- or sq out in the contract.. . ..550, ` .. M]es lav July lgth 1421 Cogzi=ed -- -.da of.. Jul�t- 1921 ...., 19.... •.... WITNESS our hands and seals this .........14"w........ Y ....... .... Z? ....... SEAL�J�1Q_. • .......i ........................ (SEAL) F..TatCA3�Ai�i�J1! ryy, A�IY OF ' .. hU:1V r• Tli� above bond aoprowed 'E$is...... .., day of.. ....:...,.. x' A. ELLzar _.....� ...-, s. uaf o ublie W sks. The following claims were allowed by the Board. Street and alley Dept., $2,192.75 Garbage Dept., 612.60 V. C. Sweeney, 1.56 Indiaiaa Bell Tel, Co 290.18 Iaaac Van Trump 159.71 J Cemetery Dept.,, ' 322.30 Street.Repair Dept,, 466.10 G. E, -Meyer & Son 182 Ind. &.Mich. Elea. Co. 5,725. 5 Indiana & Mich. Elea. Co. 48074 nn nn nn 13000 8 0 Hoover Ind,& Mch. Elea. Co. 34.2 Labor Publishing Co. Hinkle Motor Car Co. t