09/26/77 Board of Public Works Minutes

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337 REGULAR MEETING SEPTEMBER 26. 1977 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, September 26, 1977 by President Patrick M. McMahon, with Mr. McMahon and Mr. Brunner present and Mr. Mullen absent. Deputy City Attorney Terry A. Crone was in attendance. MINUTES OF PREVIOUS MEETING APPROVED Mr. McMahon reported that the minutes of the September 19 meeting had been reviewed and he made a motion that they be approved as submitted. Mr. Brunner seconded the motion and it carried. PUBLIC HEARING ON REVOCATION OF TAXI CAB LICENSE OF RALPH A. ALVAREZ CONTINUED UNTIL OCTOBER 3 This was the date set for a public hearing on consideration of the revocation of the taxi cab license of Ralph A. Alvarez. Mr. Alvarez was present. Deputy City Attorney Terry A. Crone advised the Board that he was consulted, in his capacity as a private attorney, by Mr. Alvarez so he would not participate in any way in these proceedings. Mr. Brunner noted that as City Attorney and a member of the Board of Public Works he has a prosecutorial role. Any Deputy City Attorney handling this matter would be doing so at his direction. Therefore, Mr. Brunner said he would not vote on this matter. He advised Mr. Alvarez that when this meeting was scheduled, it was anticipated that Mr. Mullen would be present and the Board would have a quorum to proceed. Mr. Mullen is not present and the Board does not have a majority to vote on this matter. Mr. Brunner said he recognized that Mr. Alvarez was present and ready to present his case but he felt the matter should be continued for one week until the full Board is present and Mr. Mullen can participate. Mr. Alvarez agreed to come to the meeting next Monday. He then asked the Board whether he could continue to drive his cab until then. Mr. Brunner noted that Mr. Alvarez would have to make his own judgment as to whether he has the right to drive his cab, based on the status of his driver's license, since the Board cannot take official action. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3445 CONFIRMED This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3445, for the vacation of a portion of Colfax Street, from the west right-of-way line of Adams Street to the east right-of-way line of the north -south alley west of Adams, a distance of 100.25 feet. Also, the north -south alley between College Street and Adams Street from the north right-of-way line of Liston Street north to the south right-of-way line of Orange Street, a distance of 395.37 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. There were no remonstrators present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Roll, showing $0.00 net damages and $0.00 net benefits was approved and said resolution is in all things ratified and confirmed and said proceedings closed. HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3446 CONFIRMED This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3446, for the vacation of a portion of Maplewood Street, beginning at the south right-of-way line of Progress Drive and the east right-of-way line of Maplewood Street, south 345 feet to the southwest corner of Lot 27 in Post Place Addition; thence west 50 feet; thence north 345 feet; thence east 50 feet to the place of beginning. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Roll, showing $0.00 net benefits and $0.00 net damages, was approved and said resolution is in all things ratified and confirmed and said proceedings closed.