11/16/1981 Board of Public Works Minutes

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131 REGULAR MEETING NOVEMBER 16, 1981 Prast Boulevard for a distance of approximately 400 feet; all being in Westchester Second Addition to the City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and in the Tri-County News which were found to be sufficient. The Assessment Roll lists $0.00 net benefits and $0.00 net damages to the abutting properties No remonstrances were filed and no one was present to oppose the vacation. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Assessment Roll was approved and said resolution is in all things ratified and confirmed and said proceedings closed. FILING OF REMONSTRANCE PETITION (WABASH SANITARY SEWER PROJECT) Mr. Leszczynski advised that the Board had scheduled a public hearing on the proposed construction of the Wabash Sanitary Sewer Project on November 9, 1981, at which time, objection was raised by several property owners. He stated that the Board had, at that time, and in accordance with the procedure outlined in the statutes pertaining to Barrett Law petitions, delayed final confirmation of the project for a period of 10 days in order that those persons objecting to the project (� would be given adequate time to submit a petition opposing the sewer construction. He advised that a petition had been received on November 12, 1981, which contained the signatures of 18 out of 24 property owners against the construction. He advised that a subsequent petition submitted this date contained 13 signatures against the project. He stated that the remonstrance petition containing 13 signatures appeared to be duplicate signatures of the previously submitted remonstrance; however, the Engineering Department had not had the time needed to review the second petition. Mr. Leszczynski explained that, based on the statutes as required, if 51% of the affected property owners object to any improvement construction under Barrett Law, the action of the Board shall be rescinded and the project not to be pursued unless the Common Council, by a two-thirds vote, approved the project. Mrs. Phyllis Skwarcan, 2221 South Olive Street, stated that, according to Mr. Leszczynski, the matter was not yet concluded. Mr. Hill stated that it was the Mayor's intent to discuss the sewer construction with the Council in an effort to determine if the city wanted to proceed with the project. He advised that, if the Council determines the project should go through and a two-thirds vote is obtained in favor of the project, another public hearing would be scheduled before the Council and all affected property owners notified. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the remonstrance petitions containing 18 of 24 property owners, or a percentage of 75% against the project, were filed. APPROVE PROJECT COMPLETION AFFIDAVITS (MAPLE LANE 41S, PHASE 'I - V) Mr. Leszczynski advised that Project Completion Affidavits had been submitted on behalf of the Holladay Corporation for the construction of sewers, pavement and watermains in Phase I through Phase V in Maple Lane Fours. Mr. Leszczynski stated that a three-year Maintenance Agreement running to November 16, 1984, would remain in effect. It was noted that Maintenance Bonds covering all the work in Phase IV and Phase V were submitted for filing, and change riders to the Maintenance Bonds already on file for Phase I through III were also submitted covering all work. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Project Completion Affidavits were approved, and the appropriate bonds and change riders filed.