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HomeMy WebLinkAbout07/19/1912 Board of Public Works MinutesFriday July 19th. 1912. Board. met in regular session .at 10: 00 A. M. Partial estimate for Meade Street Trunk Sewer, allowed OI.Shea & O'Shea.... $3979.20 ' Bid for.Grade,curb and walk on Eleventh Street,under Improvement Resolution No. 170 , was awarded to C o rp o ran and Hi adt ,'Contractors. ' Bid for Pipe Sewer o�n=ySt Louis Street, under Improvement Resolution No. 171 awarded ,to De Psepe & Cous seas, Contractors. Bid for Pavement 'on First Alley West of Lafayette Street from LaSalle Avenue to Madison Street awarded to C.H. DEF'REES, contractor, Same was awarded with Indiana Block. Improvement Resolution No. 175. petition received from property owners on the First Alley West of Lafayette Street from LaSalle. to Madison, asking that the. Birck Pavement be laid on 'a six inch gravel foundation. k"Petit ion received and read asking for a pipe Sewer . on Li st on Street from Adams to Birdsell Street. The same was referred to the City Engineer for investigation. /-In the matter of the hearing on Grade on Michigan Avenue from Olive Street to 1436 feet west, under Improvement Resolution No. 183. The same was deferred until Friday July 26t h. at 10: 00 A. M. GRADE,CURB AND WALK IMPROVEMENT RESOLUTION NO. 196. RESOLVED, by the Board of Public Wo rk s of the City of South Bend St. Joseph County,State of Indiana. That it is deemed necessary.to improve DIVISION STREET from the west line of OLIVE STREET TO CHICAGO AVENUE, by grading the said Division Street from the north property line to the North curb line and construction of cement walk and curb on the north side of said Street. All as shown on detail plans, profiles and specifications on file in the office of the Department of Board of Public Works of the City of South Bend, Indiana. And such improvement is novr ordered. The cost of said improvement, .including the cost of streetan,d alley intersections, Fhall be assessed upon the real estate abutting on said DIVISION STREET FROM OLIVE STREET TO CHICAGO STREET, Under Improvement Resolution No. 196. all according to the method and manner provided for in an Act of the General Assembly of the State of Indiana ,entitled "An Act Concerning Municipal Corporations," approves March 6,1905, and in accordance with and pursuant to the provisions of all amendatory and supplemental acts thereto, passed by the General Assembly of the State of Indiana. Assessments,if deferred, are to be paid in ten equal a nual installments, with in- terest at the rate of Six per cent per annum. A Bond or bonds shall be issued to the contractor in payment of such work,unless the property owners pay said assessment before said bond or bonds are issued. Under no Circumstances shall the City of South Bend,be, or be held responsible for any sum or sums, due from said property owner or ,owners-�for said work or for the collection of the same,or for payment of any bond, lk.. o bonds, certificate or certificates, issued to said contractor in payment for such work,except for such moneys as shall have been actually received by the City from the assessments for such improvement, or such moneys as "said City is by said above entitled Act required to pay. All proceedings had, and work done in the making o� said Improvement, assessments of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act and amend - me nt s thereto. Notice of this resolution shall be published on ttie 22nd. day of July and on the 30th. day of July 1912 in the South Bend Daily Times. This Board will give a hearing on this resolution in its office in the City Hall on the _23rd. day of August 1912 at 7:45 P.M. Adopted this 19t 2i. day of July,1912. PIPE SEINER IMPROVEMENT RESOLUTION NO. 197. RESOLVED, by the Board of Public Works of the City. of South Bend, Indiaa ..County, of St. Joseph, State of Indiana. That the construction of a local sewer, . intended and adapted only for use by the property holders whose property abuts thereon, and not intended or adapted for receiving sewerage from collateral draims be .and the same is hereby ordered in and along VITWER AVENUE FROM INDIANA AVENUE to a point 1M0 feet North of the North line. of Dubail Avenue as follows:- towitL Beginning at the intersection of Indiana Avenue and Witwer Ave. thence South along the center line of said witwer Avenue to a point 100 feet North, of the North line of Dubail Avenue with a 10 inch vitrified pipe sewer.; Tcigeth6r with the house connections to the curb line along the line of said improvement .' And such improvement is now ordered and said sewer; _with all its appurt anene s shall be constructed in accordance with the profile and specifications now on file in the Office of -the Department. of Public Workr of said City. The cost of said improve- ment shall be apportioned against and paid by the property holders moose property abuts thereon, and upon the City of South Bend if the City is benefited by s€Eid improvem{ nt, all according to the 7,ethod and manner provided for in Act of the General Assembly of the State of Indiana, entitled "An Act. Concerning Municipal Co orations," approved March 6, 1905. Assessments if deferred- are to be paid in7en equal annual installments, with interest at the rate of Six per cent per annum. A Bond or bonds shall be issued to the contractor in payment for such work, unless the -property owners pay said assessments before said bond or bonds are issue issued. Under no circumstances shall the City of So th, Bend be or be held, re- sponsible fo any sum or sums due foom said property owner or owners for said work,or for the collection of same, or for the payment of any bond or borids,certi- ficates or certificates, issued to said contractor in payment for such work, except for su ch. moneys as shall have been actually received by the City from the assess- ments for such mmprovement, or such moneys as said City is by said above entitled act required to pyy. All proceedings had, and work done in the making of said improvement, assessment of property, collections of assessments and issuance of bonds t erefor, snall be as provided for in said above entitled. Act Notice of this resolution shall be published on the 22nd. day of July amd on the 30th. day of July,1912 in the South Bend Daily Times. This Board will give a hearing on this resolution at its office in t ._Ie City Hall on the 23rd. day of August,1912 at 7:45 P.M. Adopted this 19th. day- of July 1912. LOAAL SEWER IMPROVEMENT RESOLUTION NO. 199. 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 local_ use by the property holders whose property abut abuts thereon, and not intended or adapted for reciving sewerage from collateral drains be and the same is hereby ordered in and along FUERBRINGER FROM COTTAGE. r - GROVE AVENUE TO SHERMAN AVENUE as follows,t o -wit:- Beginning at the intersection of Cottage Grove Avenue and Fuerbringer Street, thence west along the center line of said Fuerbringer Street to a point 50 feet east of the east line of Sherman .Avenue with a 10 inch vitrified pipe sewer. Together with the house connections to the curb line along the line of said improvement. All as shown on detail p1€tnd,pro- files and specifications of file in the Office of the Department of Board of Public Works of said City. And such improvement is now ordered, and said _sewer, with all its appurtenances shall be constructed in accordance with the profile and speci- fications now on file in the Office of the Department of Public works of said City.. The cost of said improvement shall be apportioned against and paid by.the pro- perty holders whose property abuts thereon, and mpon the City of -South Bend if the City is benefited by said improvement, all according to the method and manner provided for in Act of the General Assembly of the State of Indiana,"entitled "An Act Concerning Municipal Corporations", approved. Marcri E, 1905: Assessments if deferred, are to be paid in ten equal annual installments, with interest at the rate of St x per cent per annum. A Bond or bonds shall be issued to the con- tractor in payment for for such work, unless the property owners pay said assess- ments before said bond or bonds are issued. Under no circumstances shall the .City of South Bend be or be held responsible for any sum or sums due from said propertyowner or owners for said work, or for the collection of same, or for the payment of any bond or bonds certificate or certificates, issued to said con- practor in payme t for such work, except for such moneys as shall have been actualy received by the City fmom the assessments for such improvement, or such moneys as said City is by said above entitled. Act required to pay. All proceedings had, and work done in the making of said improvement, assessment of property,collections of. assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act. Notice of this resolution shall be published on he 23rd. day of July and on the 20th. day of July,1912 in the South. Bend Daily Times.This Boar d . will give hearing on this resolution at its office in the City Hall on the 23rd. d of Au lc� l2 at �• 4� P.M. Aa�pt ed i s 9t, . day f uly,191-2. Engineer filed assessment roll and final est imate for Pipe Sewer on South Bend Avenue from Eddy Street to City Limits. Under Improvement Resolution No. 107. RESOLVED, that notices as to the amounts of assessments be published for six consecutive days in the South Be -rid Daily Times, commencing on the 22nd. day of July 1912,stating that this Board will give a hearing on the amount of such assessments at its office in the City Hall on the 9th... day of August,1912 at 7:45 P.M. RESOLVED, further that the entire work under the above contracts be accepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the 22nd. day of July 1912 in the South Bend Daily Times, st atng that this Board will give a hearing on the acceptance of such work at its office in the City Hall ontthe 9th. day of August,1912. at 7:45 P.M. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA:- I Q The undersigned, the Board of Public Works of the City of South Bend, Indian€, begs leave 'to submit herewithi to' your Honorable Body as contract and agreement entered into by said Board on behalf of the said City, and the Chicago, South Bend & Northern Indiana Railway Company. The undersigned also submits herewith an Ordinance approving and con- firming such contract and agreement for adoption by your Honorable Body. OTTO C. BASTI AN FRA14CIS E. - L AJ&ERT — CHAS. F. NIEDBALSKI Board of Public Works of the City of South Bend, Indiana. A G R E E M E N T Between CITY OF S OUT H BEND, I NDI ANA. and Q CHI C Aa0 , SOUTH'�'l N0 RTHERNI NDI ANA R AILWAY COMPANY WHEREAS., the City of South Bend, Indiana, desires the Chicago, South Bend & Northern Indiana Railway Company to construct, maintain and operate as a part of its system in said City , a line of railway t racks in, upon and along Madi son Street in sd d City, from Hill Street to the Eastern terminus of said Madison Street as now laid out,and, WHEREAS, said railway company is willing to' co _struct, maintain and op- erate said line upon the terms and conditions hereinafter set forth; Now, THEREFORE, this agreement made and entered into this second day of July 1912, by and between the said City of South Bend, Indiana, by and through its Board of Public Works and the said Chicago, South Bend & Northern Indiana Railway Company, a corporation duly created, organized and existing under the laws of the State of Indiana, WITNESSETH: That consent, permission and authority is hereby given and granted by and the said city to, and vested in, said railway company, its successors and assigns,to construct ,Maintain and operate a line of single and double railway track, as a part of its said I system' in said City, on, along and over Madison Street in said City, from Hill Street in said city to the eastern terminus of said, Madison Street as now laid out, connection at said Hill Street by proper curves and switches with the lines of the said company's street railway located on said Hill Street; together with all other necessary and convenient curves ,turn -out s, side-tracks. switches,poles and wires, appurtenances and equipment, as the same may be or become necessary and convenient from time to time for the operation of said line of lines of street railway on said Madison Street. The izoregoing power, privilege and authority is given and granted to said company with the rights and subject to all the conditions, restrictions and regulations (except as herein otherwise provided) contained and expressed in Ordinance No.696,adopted bythe Common Council of the city of South Rend, Indiana, Ja:ivary 19, 19952 avid franchise ordinances amendatory thereof, and sup plemental thereto, and the same are hereby made a part of this contract. It is also agreed between the parties hereto -that':1i-n<:;the event that persons not parties hereto but owning property beneficially affected by the construction and operation of said line on said Madison Street, shall, within ten days from the con fi rmat i on and approval of this agreement by the Common. Council and Mayor of said City, purchase from said railway company its bonds in the aggregate amount. of Ten Thousand ( $10, 000. 00) Dollars at the price of ei ghtt y-seven and one-half (57-1/2) , thereupon, sd d railway company shall, upon the conditions hereinafter immediately stated, within ninety 112 days (90) from the date of such confirmation and approval, construct saidline on said Madison Street between said Hill Street and the eastern terminus of said Madison Street ;as now laid out ,and thereafter, continually operate said lineas a part of its said system in said City, in accordance with and under the terms oft is agreement, and maintain thereon a fifteen -minute service: Provided,however, it is expressly agreed between the parties hereto that: in the event said lime of lines or railway shall be constructed on said Madison Street as herein provided, said City as part' consideration for the construction of same, here by agreesthat it will not now or at any time hereafter directly ar indirectly impose upon or assess against said railway, any cost, expense- or liability for the first improvment of, and first pavement laid upon, Said Madison Street from said Hill Street to said Eastern terminus of Madison >treet,fornany-4part. thereof, as now laid out, add will hold said Company free and clear from any such cost, expense or liability. Thi c contract shell be in full force and effect from all after its ap- proval and confirmation by an ordinance passed by the common council, aid approved by the Mayor of said City, and, shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF the said city has caused its name to be signed .by the members of the Board of Public Works of said City, and the railway company has caused its name to be hereunto set and its corporate seal affixed by Charles M. Murdock, its Vice President, duly authorized ti"ereto, the day and year first above written. CIT V OF SOUTH BEND, INDI ANA. OTTO C. BASTIAN . _ F. -8. LAMBERT CHAS. F. NIEDBALSKI Board of Public Works. CHICACT09 SOUTH BEND & 14ORTHERN INDIANA RATLWAY COMPANY, By CHARLES M. MURDOCK Vice President. ORDINANCE NO. 1 6 An ordinance ratifying, confirming and approving a certain contract and agreement made and entered into by and between the City of South Bend, Indiana,by and through its Board of Public Works and the Chicago, South Bend * Northern Indiana Railway Company, its successors and assigns, which said contract relates to the con- struction of a, railway line on Madison Street, easterly from Hill Street in said City. WHEREAS, the foregoing contract and agreement has been submitted by said Board of Public Works of the City of South Bend, Indiana, to the Common Council of said city for its consideration and action thereon; T�IEREFOR.E, Section One;.: Be it ordained by the Common Council of the City of South Bend, Indiana., that the foregoing contract and. agreement, made and ent ere.d into on the. second day of July 1912, by the City of South Bend, Indiana', by and through its Board of Public Works, and the Chicago, South- Bend & Northern Indiana Railway Company, be and the same is, hereby in all things ratified, confirmed and alp ro ve d, and the said Chi cago , South Bend & Northern Indiana Railway Company.) its succecaess and assigns, are hereby granted the rights, privileges and authority as in, said contract set forth, and in accordance with the terms, provisions and con- ditions thereof Section two: This ordinance shall,take effect and be in force from and after its adoption by the Common Council, and approval by the Mayor of said City. Passed by the Common Council on the 8th, day of July 1912. Attest:-- F. S. BILINSKI City Clerk. i6resented by me to the Mayor of the City of South Bend, Indiana, on the gih. day of July ,1912. F. S. BILINSKI City Clerk. C,fl o�f Sout `end, PETITION. Wey, the undersigned, property owners on East Madison Street, between North Hill Street and North Eddy Street, in the City of South Bend, Indian&, having in .view that the Contract for the paving of East Madison Street, in said City, with Brick, has been awarded, and, that the Northern Indiana Railway Company, will extend its tracks on said street, and will give a 15 minute service -to the residents thereof, provided that the residents and property o,%ners will relieve said Railway Company, from�any assessment for said paving, if said tracks are laid, we hereby agree to relieve said Railways C Company from any assessment which would be made thereby, and further agree to pay all sums assessed to our property as if no railway tracks were laid on the same, either on the cash payment or the ten year payment plan, and hereby bind our heirs ,administrators, executors and assigns by these presents. David C. Gibson, Wm. Morris, T. E. Howard, M. Dumont, C. Lenner, Peter B. Miller, Chas. A, AMubbsel, M. Beckerich, Emma Bevkerich, Marie Hawkey, . Edwin Hawkey.Margaret X Lerner mark Martin X Lerner (witanes.s to mark ,W.N.Bergan) Leo & U. Tallieu, Mrs. Klughart, St. _ - Joseph Hosptial,(,Sister M., Holyero,ss)Frank N. Kies, G. W. Hull, Chas. Hull, B.F. Dunne, Martha A Chapoton,per Edith C. O'Brien, Jacob` Rothballer, Chatherine Rothballer, Conrad Rieder, Margaretha Rieder, Christ Singer, Ids, Singer, S.M. Robinson, Workingmen's Building & Loan Association,by L.C. Whitcomb,Sec. ME. Kristh, Mrs. J. Kristl, John Kritl, Arthur P. & A. G. Perley, George A. Howard, The Building and Loan Association of South Bend, Indiana, W.A. Bugbee,Secy. John A. Seifert, Whereas, the Chicago, South Bend and Northern Indiana Railway Company, is desirous to and will lay, construct and operate a line of Street Railway in upon and over East Madison Street from Hill to Eddy Streets, in the City of South Bend, Indiana, provided the property owners owning the land or sands on both sides of said East Madison Stree t, between said Hill and Eddy Streets will guarantee the payment of street,; Imp3Wvement assessments which might be made against said railway Company on account of the occupancy of said part of Madison Street hereinbefore mentioned, which is now ordered to be paved and improved by the City of South Bend, and keep the said railway Company haxenless from the payment of any such assessment, Now Therefore, we the undersigned property owners, owning all the lands or lots on both sides of East Madison Street between Hill and Eddy Street in said City of South Bend ,hereby guarantee the Chicago, South Bend and Northern Indiana Railway Company that we will p rot a et and keep the said railway Company harmless from the payment of any street improvement assessment on account of the improvement now contemplated and ordered made on said street by the City of South Bend, Indiana, p ro vi de d said railway. company will within days from this date, lay, construct and operate a street Railway on said East Madison Street, between Hill and Eddy Streets in said City, and in connection with its other lines of Railway in said City, and will furnish to the public street car service for the carrying of passengers once eash way on said East Madison Street every fifteen minutes in each nd every day during the year from the time of the commencement of the operation of said railway system on said street, extreme inclemency of- the weather or other unavoidable accident or casualty rendering -it impossible for 15-minutes service are hereby excepted from this agreement at such times. STATE OF INDIANA PETITION. CITY OF SOUTH BEND. We, the undersigned, property owners on East Madison Street between Eddy Street and sixteen rods East of Walsh St reet , in the City of South Bend, Indiana, having in view that the contract for the paving of East Madison Street to Eddy Street in said Cit; City with b ri ck has been awarded, and that the Northern I ndi ana Railway Comp any will ex— tend its tracks on said Street to sixteen rods East of Walsh Street, and will give a fifteei minute service, provided that the residents and property owners will relieve said rail way company from assessment for the cost of ,rading and the first pavement of said street, if said traces are laid, we hereby agree to relieve said Railway Company from any assessment which would be made thereby in the future on account of said grading and first pavement cost of said Madison Street between Eddy Street and Sixteen rods East of Walsh Street, and further agree to pay all sums assessed to our property �,Ls if 'no railway tracks were laid on the same, either on the cash payment or the ten year payment plan, and hereby bind our hi heirs, administrators, executors and assigns by these presents. Homer Taggart & Wm. Happ ovne rs lot 3-and 16H. & Sub. Homer Taggart & William Happ , 63-66 H. & T. first. Calvin K. Clauer, Vernon C. Hastings, Albert Myers,Fred W. Keller, Horace Martin, Mrs. L. A. Martin, Luella Thumm, F. J. Zaehnle, Susan Wheelock, Henry E.R. Heinzman, Chauncey C. Field, Lillie Field, 0. C. Barrett, Omer Chartier, George Holston, Earl D. Morris, A.B. Tholander, Mrs. A. B. Tholander, Alva V. Hess, Marie E. Hess,Mrs. Alta Deako, C. W. Deako, Mr. Fred Lutes, Mrs.- Elsie Lutes, Mr. R.E. Machlan, Mrs. Bessie Machlo.n Wrs. Chas, Wegener, Chas G. Wagoner, John W..-Caulfield, Ferdinand Liebelt, EmmaLiebelt, F.L. Emerson, Christina Ai chele & Lena A. Ai chele, A=a. M. Ro ckst roh, Theo Goet told, Christian Dinnerbibiler, John Larkin, Edgar Nivens, John C. Paxson, &Kx Janes A. Judie, J. W. McjClurg, Ira L. Gray. - 5�4 Friday July_ The Board of Public Works ordered that the following walks be constructed under Improvement Resolution No. 151 for the construction of cement walks and curbs on Various Streets. William Brummitt, cement walk on Lot 3 in Wenger & Krieghbaum's lst. Addition. on Sample Street. Park Commissioners, cement walk on Lot E. end G. on Wenger & Krieghbaum's Vitula Avenue Addition, on Vistula Avenue. Christian M. Wenger & Marietta W. Krieghbaum,- cement walks on Lot C. Wenger & Krieghbaum's Vistula Avenue Addition, on Vistula Avenue. ; Mary E. Knoblock ,Life estate rem#iinder to her Children living at the time of her death, cement walks on lot 66 in Hendrick's & Grants Addition, on Leland Avenue. Marietta_ W. Krieghbaum, cement walk on Lot B. in Wenger & Krieghbaum's Vistula Avenue Addition,on Vistula Avenue. a Cornelia A. VanDen Bosch, cement walks on lots 26 & 27 . Henry St udeb ake r' s 1st. Addition, on Indiana Avenue. Lake Shore & Michigan Southern Railway Co, cement .walks on Lot 1, in Wenger's i t . addition, on South tide o f Sample St re et . Henry Benner, cement walks on Lot .25 Henry Studebaker's 1st. Addition .,on Indinza Avenue'.