03/05/1924 Board of Public Works Minutes

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11. That the lands of the undersigned have already been assessed and paid an assessment for the construction of a sewer outlet knwon as the Emer1gon Street sewer; that'by virtue of said assessment the lands of the unde)rs:rgnej, are` entitled to use the said Emerson Street Trunk as a sewer outlet, which sewer ks in all respec.t,s. adapted to and of sufficient . size and cepacity to drain, the lands of the unde.rsi.gned, and that by reason- of :the, foregoing thereis no 4emand- or need for tha construction of. Add"T ionl trunk sewers to serve the lands' of -the --the under... signed. 12. That for the.foregoing.reasons , stated asassignments in2this remonstraneem it would be an abuse:of disoretion,to include the jands:of the under- signed remonstroi6tors and` to assess the saidi lands propor ,,ionately with other. lands Included in the assessment area for the purpose of paying the costs of constructing said.sewer system. The undersigned remonstrators and each of them,,however, state that they would be content with theimprovement,of said River.Park Sewer System No. 39 according to the plans and specifications now on file, bf the following conditions are observed: o . (a) That -the said resolution be ;modified by omitting the construction of the sub -trunk on Jefferson Street east of Ninth.Street. (B) That the indirect assess merit against the lands of the remonstrators and each of them do not exceed three and three quarters mills (.00315) per sq. foot; and that if by virtue of lower bids a saving is affectedi-that; the saving which will be included in the direct assessment shall inure to the lands of the under- signed in the same.proportions tha% they bear -So the total assessment area. The undersigned:remonstrators state further that if the foregoing conditions are observed they will wiive the right; of appeal from the -'assessment roll. _ Respeottlly submitted, . LIBBI:§ PACE BY J. C. BIRDSELL Atty in fact. 'i AUDE :P. COQUILLARD BY ALEXIS COQUILLARD AGT. HELEN M. TOWLE BY her. Attorney S. B. PETTINGILL March 5,1924. The undersigned Birdsell and Pace and McINtyre agree to all the foregoing except that paragraph 2 Section B. be changed to four (.004) mills per square foot. Libbie G. Pace, W. J. McIntyre, J. C. Birdsell, APPROVED MAR.. 5 , 1924. BO4.RD OF PUBLIC WORKS. BY L. B. SLAUGHTER President. 1924. modified. Filed by City Engineerton same estimated filed under date of Feb. 209 3-5-24 The above estimate modified to read $375.000.00 to conform, to plait as Frederick J. Anderson, City Engineer. Deferred hearing had on Condemnation Resolution NO. 82 for the securing of sufficient land for the construction of a trunk sewer across Lot -No., 3 B. F. Dunn's Sub. Div. and an Easement for the maintenance of -said sewer. In the above matter Atty. Gilmer Appeared representing property owner owning said lot to be condemned, but no written remonstrance was filed. The Board `therefore sustain all former action taken, and declare the above described property in all things, condemned and appropriated cor public use -and this resolution in all things, ratified, confirmed and approved. The.Board further ordered that the City Engineer be instructed to preparea roll of all owners or holders of property and of valuable interests therein sought to be tkane or to be injuriously affected which list or roll shall. } also describe the property beneficially affected and show the awards of damages f 'and assessments of benefits in the above matter. ,.