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Tuesday, July 10th. , 1928. 147
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<br />as follows: The cost, of an adequate local sewer, built along the line above described,
<br />i s hereby estimated and fixed to be per cent of the cost of the main sewer to be
<br />built along said line as above set forth, which proportion, as herein estimated and
<br />fined, shall be taken and adopted in all computatbons requiring a knowledge of the cost
<br />of such local sewer if built along the line where the main sewer is to be bunt. The
<br />cost of the construction of said sewer shall be divided as follows: M ' So much of
<br />such cost as shall be equivalent to the construction of an adequate local sewer not
<br />adapted to receive sewage from collateral drains or sewers, if built along the pvopos-
<br />ed lines as herein before set forth, shall be paid for by the abutting property
<br />holders and b-r the city of South Bend, ig it be determined that the said city is benefi
<br />ed by the said sewer, in the same manner and to the same extent as local sewers are
<br />paid for by .them, under the statut6 in such cases maxtd and rxovided. (2) The excess
<br />of cost, over and above what would be equivalent to the cost of a local sewer, if
<br />built along said line, shall be assessed against each piece of property in the district
<br />or area to be drained, and against the city, if it be determined that the sadd city is
<br />benefited by the said sewer, according to the manner and method prescribed by law;
<br />all of which said rroperty beneficially affected kiss withinthe following described
<br />territory in the City of South Bend, St. Joseph County, State of Indiana, to -wit:
<br />BER^AN SUB TRUNK S74 77R DISTRICT.
<br />Beginning at the intersection of the south line of Hamilton Street
<br />and the west line of the eatt one-half of the west one-half of Section 34, Township
<br />38 North, Range 2 East; thence north along the west line of the east one-half of the we
<br />one-half of said Section 34, to the intersection of the center line of Bergan St_�°eeet
<br />produced west; thence east along the center line of Bergan Street to the intersection
<br />of the west line of the east one-half of the east one-half of the west . one-half of
<br />Section 34, Township 38 North, Range 2 East, thence north along the said west line; ozfx
<br />to the intersecitton of the north line of Section 34, Township 38 North, Range 2 East.;
<br />thence east along sadd north line to the intersection of the east line of Brookfiled
<br />Street produced north; thence south along the east line of Brookefiled Street to a
<br />point in staid eattline one hundred and fifty feet distant from the westerly line of
<br />Portage Avenue, thence southeasterly along a line parallel with and one hundred fifty
<br />feet distan* from the westerly line of Portage. Avenue to the intersection of ' the
<br />denter line of the first alley west of -Portage Avenue, thence sotdih along the center
<br />line of said alley to the intersection of the center line of Pershing Street, thence
<br />east along the center line of ,Pershaing Street to a point one hundred fifty feet
<br />distant from westerlynline of Portage Avenue measured at right angles with said wester
<br />ly line ; thence southeasterly along a line parallel with and one hundred fifty
<br />feet distant from the westerly line of Portage Avenue to the intersection of the
<br />north line of Bergan Street; thence east along the north line of Bergan Street to the
<br />easterly line of Portage Avenue; thence southeasterly along the easterly line of
<br />Portage Avenue to the intersection of the south line of Bergan Street produced;
<br />thence west along t he south line of Bergan street to a point one hundred fifty feet
<br />from the westerly line of portage Avenue ipeasured at right angles with said westerly
<br />line; thence southeasterly along a line parallel with and one hundred fifty feet
<br />distant from .the westerly line of Portage Avenue to the intersection of the south line
<br />of Hamilton Street; thence west along the south line of Hamilton Street .to the place
<br />of beginning.
<br />And each piece of property in said.district or area above described
<br />including abutting property holders and the City of South Bend, if ..the said city is
<br />benefited, shall be assessed, as aforesaid, to ray said excess of cost .over and above
<br />what would be equivalentto the cost of a local sewer; all of whimh will more fully
<br />appear by reference to the profile, map, drawings and specifications now on file in
<br />the office of the departmen of Public VIorks of said city, which among other things,
<br />give the exact course of said proposed main sewer, overflows, and its appurtenances,
<br />and the district or area which may be injuriously or beneficially .affected thereby,
<br />as shown by heavy boundary lines marlted on said map and drawings, with proper works
<br />and figures thereon, clearly indicating what said heavy boundary lines represent,
<br />and the district or area embraced thereby. Assessmen s, if deferred, are to be paid
<br />in ten equal annual installments, with interest at. the rate of six per cent per
<br />annum. A bond or bonds shall be issued to the contractor in payment for said work
<br />unless the rroperty owners pay said assessments before said bond or bonds are `issued.
<br />Under no circumstances shall the city of South Bend be, or be held responsible for any
<br />,,sum or sums due from said property owner or owners for said work, or for the collection
<br />:. of the same, or for the payment of any bond, bonds, certificate or certificates issued
<br />to said contractor in payment f^r such work, except for such moneys as shall have been
<br />i.
<br />actually received by said city from the assessments for such improvement.
<br />All rroeeedings had and work done in the construction. of said main
<br />sewer and its appurtenances, manner of assessment of property, collection of assess-
<br />ments and issuance of bonds therefor shall be as provided for in an. act of the general.
<br />assembly of the State of Indiana, entitled t'An Act concerning Municipal Corporations"
<br />approved March 6th. , I905.
<br />The estim•-ted cost of said sewer including the cost of the local
<br />sewer hereinafter described is $20,028.18.
<br />Also Johns on Otreet between Hamilton Street and '�fiil son Avenue:
<br />Beginning at the intersection of the center line of Bergan Street
<br />with the center line of Johnson street; thence north along the center line of Johnson
<br />';Street to the center line of Pershing Street with a fifteen inch vtLtrified pipe sewer,
<br />thence still north along the center line of .J©hn,Qn_. treet to the center line of Wilson
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