08/18/75 Board of Public Works Minutes

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REGULAR MEETING AUGUST 18, 1975 McIntyre & Jones Construction Co. ,Bid was signed by Kenneth A. McIntyre, non -collusion affidavit was in order and a 5% bid bond was submitted. Bid - $17,973.25 Upon motion made, seconded and carried, the bids were referred to the Bureau of Design and Administration for review and recommendation. REPORT ON REQUEST FOR HOUSE MOVE Mr. Farrand noted that last week the Board received a request from Mitschelen House Movers to move a house from 19582 Ireland Road to 4625 S. Fellow Street. The matter was tabled and the Board referred the request to the Legal Department for a recommendation and also requested that they be furnished with the appraised value of the house. Mr. Farrand now reported that that appraisal has been furnished to the Board and it indicates that the value of the house exceeds the restrictive covenant requirement by about 500. The following report was received from the Department of Law: "The Department of Law has reviewed the proposed house move. We recognize the interest of the property owners in the area, voiced at the Board meeting of August 11, 1975. However, in reviewing all the applicable law pertaining to this situation, we recommend approval of the proposed move.- Municipal Code Section 6-6 sets forth the criteria required by the City for issuing such a permit. The owner, Locker Realty, has complied with all of the standards set forth therein. Much discussion has also been given to the Restrictive Covenants for this area (attached). The committee set up to review structures in this area, in accordance with the Restrictive Covenants, has given their approval to this move. (see attached a memo) . Additionally the case of Shelley v. Kraemer, 334 U. S. 1 (1948) decided by the Supreme Court sets forth fundamental criteria with regards to restrictive covenants against occupancy or ownership of property. Since all the legal criteria have been met, approval is recommended. s/ Kathleen E. Cekanski Deputy City Attorney Attachment: To: Kathleen Cekanski From: Tony Colletti Subject: Moving house at 19582 E. Ireland Road to Hawblitzel Addition I have found that the above address is incorrect. The house which Locker wishes to move is at 19550 Ireland (county address, 408 Ireland (city address). According to the Centre Township Assessor the house at 19582 was moved in 1974. I spoke to Doug Carpenter at Locker Realty and he agreed that the house Locker wishes to move is at 19550. Enclosed find the restrictive covenants for the Hawblitzel Addition. Section 3 sets up a committee.which must approve all homes which are to be placed in the subdivision.