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542
<br />Next appeared before the Board a representative of the Yellow Cab Company and filed
<br />a remonstrance against the petition of the South Bend Cab Company for the establishing
<br />a two -cab taxi stand for said South Bend Cab Company at the east entrance to the Oliver
<br />Hotel on Main Street. Also appearing at this time and presenting a remonstrance and co'
<br />ter petition to the South Bend Cab Companyts petition for the two -cab taxi stand at the
<br />east entrance to the Oliver Hotel, was a representative of the United Cab Company of
<br />South Bend Incorporated. Both remonstrances were taken under advisement by the Board
<br />and ordered placed on file.
<br />Next appeared Attorney R. Floyd Searer, representing the management and residents
<br />of the Walnut Grove Mutual Housing Corporation, in the matter of the posting of East
<br />Colfax Avenue from Ironwood Drive to Tuxedo Drive as private property, and Attorney
<br />Robert J. DuComb, representing Jerry Claeys, Jr. and Evadna Claeys, owners of Lot 57,
<br />Jefferson Heights Addition to the City of South Bend, involved therein. Also appearing
<br />in this matter was C. Harry Swanson, owner of Lot 56, Jefferson Heights Addition to the
<br />City of South Bend, involved in this matter. The fact that this portion of East Colfax
<br />Avenue was never formally dedicated was taken up and Attorneys Searer and DuComb address
<br />ed the Board on behalf of their clients. It was contended by Attorney Searer that the
<br />Board should, take the initiative in the matter, in the public interest, by instituting a
<br />court action to establish, unquestionably, this section of East Colfax Avenue as a street
<br />or thorofare. The Board took the matter under -advisement for further consideration.
<br />Engineer Wm. S. Moore, next appeared before the Board and submitted for the' Boardts
<br />inspection a drawing of West Haven Sub -Division at the west city limits extending south
<br />to Ardmore Trail from Elwood Avenue. Engineer Moore called to°the attention of the
<br />Board the demand of the Federal Housing Authority that Elwood Avenue be paved across the
<br />north end of the sub -division and out to the intersection with Lincolnway West. City
<br />Engineer, Ray S. Andrysiak, being present, suggested that the City would consider the
<br />laying of a 20 foot "ribbon" of concrete paving along the north side of this sub -division
<br />and the Street Department would improve and maintain that part of Elwood extending to
<br />Lincolnway under a satisf actory condition of oil treatment and his office would so'advis(
<br />the, Federal.Housing Authority.
<br />Engineer Moore then brought up the need for a 1511 sewer to connect this subdivision
<br />with the Northwest Sewer. It was also brought out at this juncture that the Bendix
<br />Aviation Corporation has retained an engineer for the planning of their anticipated
<br />sewage needs, and in the opinion the the Bendix engineer, the sewer at Kenmore and
<br />Ardmore Trail would be overloaded under storm conditions. City Engineer, Andry6iak
<br />suggested, in the event of probable further expansion of the Bendix plant, a relief sto
<br />sewer would have to be constructed or a retention pond made from which the water could
<br />berele.ased during the dry weather periods. The Board took the matter of the required
<br />sewer for West Haven Sub -Division under advisement for further consideration and
<br />discussion.
<br />Some further discussion of the East Colfax Avenue situation took place, from the
<br />of the Boardts authority under the rights of eminent domain. Statement of Facts and
<br />Objections to the Boardts Jurisdiction, submitted by Attorneys Robert J. Du Comb and
<br />Paul R. Moo, on behalf of their clients, Jerry Claeys, Jr. and Evadna Claeys, husband
<br />and wife, were read and ordered filed.
<br />A letter from the City Plan Commission recommending the vacation of a portion of
<br />West Garst Street together with a section of alley, was received and upon recommendation
<br />of `the City Engineer, the Board passed the following resolution -
<br />VACATION RESOLUTION NO. 2744 - 1952
<br />RESOLVED^BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA,
<br />That it is desirable to vacate the following: `
<br />"West Garst Street between Franklin Street and Plant #1 of the Studebaker
<br />Corporation, and the alley adjoining the west side of Lots 87, 88, 89, 90 and
<br />the North one-third (1/3) of Lot No. 91, less 14 feet on the south side of
<br />the North one-third (1/3) of said Lot No. 91 and the alley 14 feet in width
<br />on the south side of Lot No. 90 extending west from Franklin Street to the
<br />property line of the Studebaker Corporation, as shown on the recorded Plat
<br />of South Bend City as platted by Samuel Morrison, now a part of the City of
<br />South Bend and more particularly described as follows:
<br />Beginning at a point which is the northeast corner of Lot 87 as shown on the
<br />recorded Plat of South Bend City as platted by Samuel Morrison, now a part
<br />of the City of South Bend, located in the northeast quarter (4) of the
<br />northeast quarter of Section 14, Township 37 north, Range 2 east; thence due
<br />west a distance of 107.50 ft.; thence due south a distance of 107.50 ft.;
<br />thence due south a distance of 14.00 ft.; thence due west a distance of 107.50
<br />ft.; thence due south a distance of 17.67 ft.; thence due'west a distance of
<br />11.E-00 ft.; thence due north a distance of 362.37 ft.; thence due east a dis-
<br />tance of 20.00 ft.; thence due north a distance of 10.10.; thence due east a
<br />distance of 101.50 ft.; and, thence due south a distance of 62.80 ft. to the
<br />point of beginning."
<br />The following property may be injuriously or beneficially affected by such vacation. -
<br />Lots Numbered 87, 88, 89, 90, and 91,
<br />Plat of South Bend City Addition.
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