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Monday, February 5th . , 1934
<br />507
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<br />Board met in reguler session at 3 P. IT. I,"r. Dick Johnson and Mr. Ralph
<br />Ii. Kuss present. Ik=r. "flilliam S. THY'oore, City Dnpineer, also present.
<br />Yinutes of r-eeting held. Ivond ay', Janunry 29th. , 1934, read and approved.
<br />The Board approved the renewal certificate for the excavation bond of
<br />Distler Plumbing Uo. , of I4 ishawaka- Indiana, in the sum of l,000.00 signed by The
<br />Aetna Casualty and Surety Co.
<br />The -boa rd a:ppro ve d the I}xca. va ti on Bond of C . S. R,,nd olph in the sum o f
<br />1,000.00 signed by Emplovers Liability Assurnnce Co.
<br />The boa rd approved. the Excavation fond of Harvey L. Hager, Inc., in the
<br />sum of `a1, 000.00 s i. gne d by The Aetna Cp su alty Company.
<br />The .hoard approved the renejral certificate for the excavation bond of
<br />Hobert L. Thorpe in the sum of *1,000.00 signed by A=etrapolitan Casualty Insurance
<br />Company.
<br />• Yr. Eli F. Seebirt, attorney, 1r. Louis Hammond, a ttorney, representing;
<br />j ovmers of thirty seven different parcels of land which mere assessed for the pavement
<br />Ij of Kline Street appeared before the Board, with Cit~, Attorney, S. Romig. Upon the
<br />advise of Uity httorney Romig, the board agreed to a11ow the City of South Lend to
<br />assume 50% of the total assessments on said thzifty setren parcels of land amounting to
<br />. approximately ,,69b59.49, and in this way, settle the court appeals pending in the matter
<br />of said assessments.
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<br />Copies of Court Orders are as follows:
<br />I STATE OF IlM I A_I'A )
<br />)SS
<br />`;T. TOS-1IT '70T71TY)
<br />CLTRTTS `= 'TTY' CARL J . I! 17-OHS . )
<br />j ciBRIFAX COHEFI,Ja.cob Schrift . }
<br />IS ^ _" C I'_AT E PARKS AT" D )
<br />VIOLET Y. P,ARKS )
<br />it
<br />VS
<br />C rmv OF SOT'�F BliIvD )
<br />No.31330 Order
<br />Ili? ST. JOSEPN CIRCUIT C
<br />FEVRU^.RY TERTA, 1934.
<br />Come now the plaintiffs by thier arroneys, Seebirt, Oa.re, Deahl 8<, Omachut,
<br />anc comes the defendant by its City '=ttorney, ld�"n S. Romig, and this cause is now sub-
<br />mitted to the court for trial -nd hef=ring upon the amended complaint of the plaintiffs
<br />and. upon the answer of the defendant, " nr the court now having heard the evidence anal be-
<br />inp duly advised_ in the rremises, finds for -'
<br />..the plaintiffs that the allegations of the
<br />,mended complaint are true and they are entitled to the relief prayed for. And the
<br />court further finds that the pl,-� int if fs are the owners respectively of the tracts and
<br />parcels of land located in the citT of South bend, Indiana, described in the amended
<br />cpTp�aint and set opposite each of their names, and th, court further finds that each
<br />of zaid. tracts was as:�esed_ the sum set forth in the complaint opposite each of said
<br />descriptions by the Bo-rd of Public Vorks of the City of South -bend, Indiana on the llth
<br />dajs of ffebruary, 1930, as benefits for the pavement of Kline Street, now known as
<br />Twyckenha.m Drive; and the court finds that each of said assessments is excessive and
<br />that each of said parcels of land was not benefited in the amount assessed against it
<br />by said Board, and that said assessments should be reduced.
<br />And the court finds that the plaintiffs, whose names are given as follows,
<br />,,a.re the owners respectively of the real estate set opposite
<br />each of their
<br />names herein -
<br />rafter; that the original assessment as made by the Board. of
<br />Public Works
<br />is the dum
<br />;'set opposite of each said descriptions in the first column
<br />and that the corrected
<br />essess-
<br />ment and "the amount did' benefits to each of said parcels of
<br />real esttte is
<br />set opposite
<br />;each. of saiddescriptions in the second and last column as
<br />follows:
<br />it
<br />NAIT DESURIPTION OF PROPERTY
<br />ASSESSITENT
<br />ASSESSMENT
<br />ANT
<br />BY BD OF `'.'ORKS FIXED BY
<br />COURT
<br />;!Curtis Smith Lot ,i 12 in 17-ayrs Vistula
<br />1. Ave Addition
<br />413.59
<br />206.80
<br />Car 1 J. Emmons Lot 1'28 in 1-ay r's Vistula
<br />Ave. Addition
<br />390.19
<br />195.10
<br />J n c ob 19ohe n and
<br />Jacob Schrift Lot ;#1 in Yayrs Vistula
<br />Avenue Addition
<br />585.84
<br />292.92
<br />;Jacob Cohen and
<br />!Jacob Schrift Lot #,-2 in P.ayrs Vistull Avenue
<br />Addition
<br />447.38
<br />223.69
<br />It is therefore, ordered, considered end a d judged
<br />that each
<br />of the plain-
<br />tiffs' said parcels of real estate is assessed in the sum contained in the
<br />last column
<br />11'above enc3 set opposite each cf said parcels as benefits for the laying of said pavement
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