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HomeMy WebLinkAbout01/1904 Board of Public Works MinutesSaturday January_ 2n4, 190.4. The Board met in regular session at 10: A. M. All members present. Only routine business v-as transacted. Pre s The Board met in regular sesOion at 10. A. M. All memaers being; present. Proposition of the Henry Studebaker Estate was accepted as amended. A plat of groung to be used for park purposes, wounded by Calvert St., High St., Dayton St., Hilton Boulevard and Marietta Street was dedicated to the City �. f South Bend, Indiana. TO THE HONORABLE BOARD OF PUBLIC ,WORKS,. OF THE CITY OF SOUTH BEND. IND. Gentlemen: - We, the undersigned; hereby offer to convey to the City of South Mend the following described reAl estate, situate i,: St. Joseph Ccunty,, Indinan., _to -wit Commencing at the North-east. corner of Calvert and Marietta Stret s, thence running east to west line of South-east Addition , thence running due North to the South line of Dayton Street, t jence running West :about One -Hundred (100) feet, thence angling, in a South-westerly direction to Milton Ave., thence West on North line of Milton Avenue to Marietta Street, thence South on Marietta Street to place of begin: ing, containing about Five (5) acres of land. The same will be conveyed and given on the Following conditions:- 1. That all of the described real estate shall be used and maintained by the said city for park purposes. 2 That the name of the said Park shall -..be known as "THE HENRY STUDEBAKER PARK" -3. The said City shall expend One Thousand Dollars toward beautifying and main- taining said ParK with in three (3) years from June 1st, 1904. 4. That the said City shall extend their water main Fast on Dayton Street East to Christian, on Dubail Avenue to alley East of Ehristian and Indiana Avenue to the East line of Henry Studebaker Addition, on or before Oct. 1, A. D. 190.4. Said main to be extended on Dubail and Dayton streets, as streets are improved and the service needed. 5. That in the event thatthe said City shall cease to mai ntain and keep up said described real estate for said Park purposes, for a perios of fire years in that event, said real estate shall revert to the donors, their heirs or legal repmesentatives. Respectfully submitted, Henry Studebaker Estate By C. W. Studebaker. Jacob M. Chillas. Same was approved. President. Wednesday Jan. The Board met in regular se.�:sion at 10: A. M. All members present. The Sanders & ESbert Co,were awarded the contract to furnish the Street Department with 40,000 feet of White Oak Lumber at $25.25 per M. The Board passed the following resolutions. CONDEMNATION RESOLUTION NO. 14. Resolved by the Board of Public Works of the City of South Bend, Indiana, That the following described property be appropriated for the use of said City. A strip of land fourteen (14) feet in width taken of" of and from the entire length of the North side of Lots 323 and 326 in the Original Plat of South Bend_. The property of the Grand Trunk Western Railway Company. The following described property may be -injuriously or beneficially affected by such appropriation: South 1/2 Lot 322 0. P. South Bend. George E. Beyler. it 1/2 " 327 George Whiteman and Wm. F. Whiteman. All of " 323 except 14 feet off of North Side for public Alley. Grand Trunk Western Ry Co. All of lot 326 except 14 feet of North Side Caked for* Public Alley 0. P. South Bend. Graad Trunk Western eta. i lway Co. The purpose of Such appropriation is to.relocate a public alley. Notice of this resolution shall lie published on the 9th day of Jani and on the 16th day of January 1904 in the South Bend Daily Times. . This Board, at'it office in the City Hall on the 19th day of January 1904 at 10: A. M. will hear and receive remonstrances from all persons interested in or affec'-ed by these proceedings. Adopted this 6th'day of January 1904. W. A. Melne rny. John Papczynski. Edwin Nicar. Board of Public Works. 4 VACATION RESOLUTION. NO. 26* Resolved by the Board of Public ,Works of the City of South Bend, Indiana: That it is desirable to vacaile the.following: alley as described as follows: fourteen (14) feet dff North side of Lots 324 and 325 in the original Plat of South Bend, also alley betwoon 10to 323 and 326 1 in original Plat from the South line of s,,.id lots to within fourteen (14) feet of the North line of said lots 323 and 326. The following property may be injuriously of beneficially effected by such vacation; North 1/2 Lot 322 0. P. South Bend. John N. Riland. South 1/2 " 322 It It Geo. Beyler. All of " 323 Grand Trunk Western Ry CO. All except 14 ft. Grand Trunk of North Side 324 Western Ry Co. All %7x " V off North Side 325 " Grand Trunk Western Ry Co, All of 326 Grand Trunk Western Ry Co. South 1/2 327 George F. & Wm F. Whiteman. North 2/2 327 Notice of this resolution shall be published on the 9-.'-h day of January and thel6th day of January 19042 in the South Bend Daily Times. ,on This Board, at its office in the City Hall on the 19th d,---y of January 1904 at 10: A. M. will hear and receive all remonstrances from all persons interested in or affectef-I by these proceedings. Adopted this 6th day of January, 1904. Preside Friday Jan. 8th, 1003. The Board met in regular session at 10 A. M. All members present. Communication filed from the Oliver Chilled Plow Works asking permission to erect a, pole line to transmit power from their plant on the Wiest Race to the Oliver Hotel and the Oliver Chilled Plow Works. Consideration of the petition taken under advisement with a view to taking the matter up with theCommon Council. The Board met in regular session at 10.A. m. all members present. Contract signedby Sanders & Egbert Company for 409000 feet White Oak Lumber at 25.50 per thousand...... Total, 1020.00 Petition filed by the Northery Traction Company of IndiAna, asking that the Board of Public Works enter into a contract with said Company. Petition filed and Signed by Francesh,E. Lambert Attorney fvr Norther Traction Company of Indiana. gas r The Boara met in regular session at 10 A. M. A'1 momb ers present. A plat was filed by L. C. Wh. tcoft of the North hest Addition to t'}e City of South Bend, same was referredto the Engineer for investigation. Petition filed for I provement on Portage Avenue for Grade, Curb and Walk from the road on North line of. Section 2 to City Limits. Signed by 'r?red Keller and others. A petitioY1 for the grding of King -street to East end of said. King Street was also filed. .1 Presiide:_t. 689 The Board met in regular session at 10 A. it. All members present. Plat of -North West Addition to the City of South Bend,.. Indiana, was approved and the d6dication of the streets, alloys and pu_lic places on said plat accepted. pre sidexit . The Board met in regular session at 10 A. M. President VIcInerny absent. Bids were received -for tinting the wall c�f the 47 Hos% house, J. M. Rogers was awarded the contract as per spe3ifications his bid being 022.00. C. A. Brehmer, Arc'Atect of +7 Hose House was directed to secure bids for additional Gas fixtures to be put in +7 Hose House. Acting President gnturdav Jan. 16th. 1904. P The Board met in regular sessdon at.10 A. M. President Mclnerny Absent. Only routine business being transacted. C�lli7lL `J i�r> > Acting President. 692 4t The Board m6t in regular session at 10 A. M. All members present. Petition filed for midnight lamt at the Cor of Pagin Hire streets. Bids were received for additional gas and electric fixtures in Hose House +7. Contracts were awarded to Geo. H. Wheelock & Co., for 062.75 he being the lowest bidder. Best Kuctze submitted abproposition to furnish additional logs for th lob; cabin to be erected at Leeper Park, said party agrees to furnish logs complete for 015.50. Proposition accepted. First hearing on Vacation.Resolution +26 adopted on the 6th dcy of January 1904, vacating a alley described as follows:-- fourteen (14) feet of North side of lots 324 and 325 in the Original Plat of South Bend, also ally between lots 323 and. 326 . in the Original Plat of South Bend. from the South Line of said lots to within four, teen (14) feet of the North line of said lots 323 and 326 all in the City of South, Bend. No remonstrances were filed and no remonstrances appeardd. The Board here- by declare the above described a lley vacated. First hearing on Condemnation Resolution +24 Adopted the 6th day of January 1904, condemni-Z a strip of land fourteen (14) feet In width taken off of the entire length of the North Side of lots 325 & 326 in the Original Plat of the City of South. Bend, Indiana.. In the above matter no remonstranceswere filed and no remonstrances appeardd, the Board find that .the property injmred in these proceedings are equal toto the benefits derived therefrom, therefore the same be and are hereby in all things ratified, confirmed and approved. President. The Board met in regular session at 10. A.- 11. Mr, Papczynski being ab-s :nt. AO A Petition filed for Grade, Curb &Walk on Dayton Street from Marrietta Street to South East Addition. Petition filed -b y the New Jersey, Indiana, Illinois Railway Company through W. Kizer, asking for granchise to enter the City in the Westerly portion, crossing J Division street near the I. I. & I. Ry Co's tracks. The Board met in regular session at 10 A. M. All members present. M. Hutchins was given a rebate of $4.02 on S. Carroll Street Sewer. President. 4* 695 The Board met in regular session at 10 A. M. All members present. In the matter of the petition for franchise by the Northern Traction Company the Board after a number ofconsul.tAtions with Mr. Wight, the representative of the company firm that the route proposed is impracticable and the said company is re- quested to file an applicationtoenter the city over the route properties of the ChicagoandIndiana Air Line Company under the terms of the franchise of the latter company, and the Board hereby suggests that such an affliction would receive favorable consideration from this body - Contract & Franchise entered into with the New Jersey, Indiana & Illinois Railroad Company extending privelege of constructing its steam railway tracks into the city in the South-westerly portion,. which said contract is set out in full as fol -,ows;- THIS AGREEMENT, Made this 23rd day of January, A.D. 1904, by and b6tween the City of South Bend, by and through its Board of Public Works, party of the first part, and the New Jersey, Indiana & Illinois Railroad Company, a corporation organized under and by virtue of the lags of the State of Indiana, as part of the second part: WITNESSETH: for convenience, the New Jersey, Indiana & Illinois Railroad Company its successors and assigns, will hereinafter be spoken of and designated by the work "Company". ARTICLE 1. That the said party of the first part does h.ereb y Zrant unto said -Company, subject to any laws and ordinances now in force, or hereinafter enacted or put in.force as police regulations, authority and permission to construct, maintain and operate its railroad, emb racing its maim and side tracks within the limits of the City of South Bend, Indiana, upon the profile adopted by said Company, and substantially upon the following route, to -wit: Entering the said City of South Bend, on the Vest of the, South Westerly b oundry at the South.Westerly corner of Gorsuch's Fourth Addition to,the City of South Bend, thence North Easterly paralleling the -Grand Trunk Western's Right of Way along its North Westerly side to a point not farther East than the second North and South alley East of Kosciuszo Street, all as shown on the above mentionee profile b to be adopted by the said Company, a copy of which is to be filed in the office of the City Engineer before b egirming the construction of.its tracks within said City. ARTICLE 2. This grant is made subject to the private rights of the owners of real estate over which said railroad may be located, and upon the express condition., thatArhen:.saiddraill road crosses any street or alley it shall be made to conform s trictly to the grading of such street_or alley as_heretofore established, or as'the same may be hereafter established by the City authorities unless the Council upon application, of said Company shall consent to variation of said grade. ARTICLE 3. At all street crossings the said New Jersey, Indiana & Illinois Railroad Company, its successors and assigns, shall so cons tract its said railroad as to cause the least obstruction possible co the passage of persons or vehicles and shall always maintain said crossings so as to make the same safe and convenient for the passage :f persons and vehicles, and shall at all times when required by the C ommon Council of the City, at its own expense put on flagmen at any and all of the said crossings. And said Company, its successors and assigns shall always make and maintain under the line of its railroad within this city sufficient culverts and drains to admit of the free passage of water along the streets and alleys affected in any manner by the construction of said railroad. ARTICLE 4. If said Railroad Company, its successors and assigns, after notice fail or refuse to do any and all cf the things required by this ordinance then the same be done under the orders of this Council by the Street Commissioner of this City, and the espense of doing the same, with penalty of twenty percent be recovered from said Company, its successors and'assigns in any Court of competent juriddiction. ARTI CLE 5. 1 The said Railroad Company, its successors and assigns shall be subject to all ordinances and regulations now in force, or any reasonable regulation or ordinance that may hereafter be passed by the Common Council of said City in relation to the speed of trains In or through the City, or for the security of Citizens and others from the . run. _ing trains in_ o-r through the said City, and to all reasonable regu- lations -and ordinances concerning the running and,.operation of railroads in said City. And paricularly in relation to -the placing of lamps at such street crossings and the placing of flagmen as made by the proper City authorities be required.. ARTICLE 6. The said Company, its successors and assigns, shall not obstruct the free passage of persons or vehicles so as to cause danger or inconvenience; and shall in ali cases when a train is going out or coming in ring the bell so as to give notice of its.arrival or departure. ARTICLE 7. The said Company shall file a bond in the office of the City Comptroller within sixty days from the passage of an ordinance by the Common Council of the City of South Bend, ratifying and confirming this contract, -7hich_bond is to be, approved by the Mayor of the City of South Bend., and is to be -.in the penal sum of One Thousand ($1,000.00) Dollars, which bond shall becayq&,Nio-vxe-&'A upon the completion of its tracks by the sao'ld Company within the City of South Bend, within two years from the passage of the said.ordinance. It is agreed and understood that should the said Company.fail to have its said tracks completed within the said City within two years from the passage of an Ordinance ratifying this contract, that the said bond shall be forfeited and that all the rights and priveleges by this contract granted to the said Company shall be forfeited and shall revert to the City of South Bend. To each of the terms, conditions, provisions, stipulations and requiroments of this contract, the City of South Bend, by and through its Board of Public 'forks party of the first pert herein, and tle New Jersey, Indiana & Illinois Railroad Company, party of the second part herein, do fully agree to and do bind themselves their successors and assigns. IN TESTIMONY IVH? RFO`i, We have hereunto set our 'hands and seals this 23rd day of January, A. D. 1964 „ Unddplicate. THE CITY OLD, SOUTH BEND. By -W. A. Mcinerny J. W. Papczynski Edwin Nicar As Board of Public Works of City. New Jersey, Indiana & Illinois Railroad Company. By I The Board met in regular session at 10 A. M. Capt . Nibar being ab sent . South Bend Electric Company were ordered to place electric lights at Corner of St. Joseph and Marion Streets. Warren and Huron Streets. " " _ Hine and Pagin Streets. The Board met in regular session at 10 A. 11. All members present. Communication received from the Commercial Credit Exchange relative to City Employeas %fusing to make payments on their lawful debt.:-. ' Resolved that it is the sense of this Board that no person under the control of this Department shall avoid the payment of his lawful obligations and that the; food offices of this Board will be used as far as is practicable to insist in the enforce- ment of this principle. A copy of this resolution shall be forwarded to each person_ connected with this resolution. President. The Board met in regular session at 10 A. 11. All members present. Henri DeVos & Company were given an extension of 60 days on the Mich Ave Sewer. 3 P President. The Board met in regular session .at -_10- A. M. All members present. Only Routine business transacted. Pre -s ident .