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0Monday, ffebruary 5th . , 1934
<br />and the making of said improvement.
<br />It i s further orderer' and adjudged that said assessments as above fixed
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<br />shall bear interest only from the date of the making 6f this ordet,, and that the owners
<br />of each parcel subject to an assessment of `fen Dollars (10.00) or more shall have the
<br />right to elect to pay the same in ten (.10) annual installments, pursuant to Chapter 21
<br />of the Acts of 1929, and ma.y sign a -waiver to that effect in the Controllers Office
<br />of the City; all assessments as heroin fixed not waivered or paid shall be delinquent
<br />after 30 day from the date of this order. If the Ownership of any of the above des-
<br />scribed dots shall have been changed either by the law of descent or by grant or conveys;
<br />a.nce the present owner or owners of any such lot shall have the right to sign a waiver
<br />in the Controller's Office electing to pay the assessment in ten annual Installments.
<br />It is further ordered and adjudged that the City of South Bend pay the
<br />contractor which made said improvement, Meth Riley Construction Co.) Rine. , the differ
<br />ence between said assessments as made by the Bo^rd of Public Works and as contained
<br />in the first column of_ figures above and the assessment as fixed by this court and
<br />as contained in the second cloumn of figures above; that said drifference shall near
<br />interest at the rate of 4.8 per annum from r'ebrunry 11, 1930 until paid; if the said.
<br />City does not no,,AT have the money with wb ich to pay the same it shall provide for its
<br />pa�Tment in the next budget adopted by it.
<br />It is further ordered., considered and adjudged thatthe Clerk shall certify
<br />to a copy of this judgement and shall file the same wit the Board of Public Works of
<br />the City of South Bends Indiana, and that said Clerk shall also record a_ copy hereof H
<br />i
<br />in the order books of this court.
<br />It is further ordered, consi_d=red and adjudged that the plaintiffs recover i!
<br />of the defendant their costs herein laid out and expended.
<br />Dan Pyle
<br />Judge of bt. Joseph .Circuit Court. -
<br />Dated this lc"Ith., day of Feb, 1934.
<br />STATE OF TNDIAITA ) IN ST. JO"EPH CIRCUIT CT
<br />} SS:
<br />ST. JO �=T7 COUNTY ) February Term, 1934
<br />BERT Tv-!O'.v"ERS , C,U'A RITY NRURAL � LOAN AND SAV' GS ASS' N , )
<br />BESSIE I. 1':TARLAR, ET-1,71 R `=I`IYTJER, 1t AROARET SI` YDER, )
<br />JAIL S D. PACSO , V INNTE PASCOE , ROSCOE RUPE, LORETTO )
<br />B . RUDE, FT.-O)M C . AEDEL , GERTRUDE P . IEDEL , R E NA B .
<br />ACKLFS PARE , T-TE- MV7AN G. KRUC CEL, FATTIE KRUCCE L, A.Nh )
<br />SINGFY, PR. E. STY0PEY1 ME17T S. COX, 1'.`.ARI J F. COX, RALPH )
<br />C. O`3BORNE, 771MYON FASTTNGS, ISAAC KANE PARKS, VIOLET Y. )
<br />PA: PKS , YATTTEW B . ITA111OND ,
<br />Order No.31329
<br />VS
<br />CITY OF SOUTH BEND INDIANA
<br />Come now the nla.intiffs by their attorneys, Seebirt, Oare, Deahl gz 0macht,
<br />and comes the defendant by its City Attorney, Iden S. Romig, and this cause is now
<br />submitted to the Court for trial and hearing upon the complaint of the plaintiffs and
<br />upon the answer of the defendant, and the Court now having heard the evidence and be-
<br />ing duly advised in the premises, finds for the plaintiffs that the allegations of the
<br />complaint are true any+ that they are entitled to the r•-lief prayed for. Anc the
<br />Court further finds that the plaintiffs are the Owners respectively of the tracts and
<br />parcels of land located in the City of South. Trend, Indiana, described in the complaint
<br />and set opposite each of their names, and the Court further Finds that each of said t
<br />tracts 'was assessed the sum set forth in the complaint opposite each of said descript-';
<br />ions by the board of Public Vorks of the City ,of South bend, Indiana on the llth.. day
<br />of February, .1950, as benefits for the pavement of Kline Street, now known as Twyck-
<br />enham Drive; and the Court finds that each of said assessments is excessive and that
<br />each of sei� parcels of land was not benefited in the amount assessed against it by
<br />said Board, aid that said assessments should be reduced.
<br />And t' e Court finds that the plaintiffs, whose names are riven as follows,
<br />are the orners respectively of the real estate set opposite each of their names
<br />}.erein,-fter; that the original assessment as made by the Board of Public T`orks is the
<br />sum set opposite each of sai^ desc iptions in the first column and that the corrected
<br />assessment and the amount of benefits to each of said parcels of real estate is set
<br />o)-oosite each of said descriptions in the second and last column as follows:
<br />NA.iE T`T SC T�mICN OF ASSESST TTT BY ASSESSF:TI'NT
<br />PR OR ?TY BOARD OF PUBT.:IC 1'7S FTXfD BY COURT'i
<br />Bert bowers , Guaranty Lot 178 in second
<br />mural Loan �jlstngs Assn plat of Roseland Park
<br />Bessie iLarlar Lot 176 in second
<br />plat of noselend Park
<br />49.�9 24.70
<br />49.39 24.70
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<br />171
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