06/25/1979 Board of Public Works Minutes

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95 REGULAR MEETING JUNE 25. 1979 on Ireland Road and Hawbaker. He also questioned how much of each property was assessed. Mr, McMahon pointed out that the Barrett Law procedures are set by State Statute and assessments are based on the square footage, or in the event of unplatted land, on a depth of one hundred and fifty feet. He noted that the Board does not have the latitude to adjust this assessment procedure. However, unless the sewer construction is mandated by the Health Department to correct a health hazard, it is voluntary. The Board presents the proposal to the property owners. If 51% of the property owners do not want the project, the Board will not proceed with construction. If 51% of the owners do want the sewer constructed, the City will take bids and the cost of the improvement will be assessed against the affected property owners. The property owner determines whether or not he wishes to hook up to the sewer and this is done at his expense. He can arrange for hook -up at the time of the sewer construction by contracting privately for the hook -up. One tap will be provided for each property. If an owner does not wish to hook up to the sewer immediately, he will be charged the minimum sewage charge. Ray DeRycker, 644 E. Ireland, asked why the church did not hook up to the Fellows Street sewer and leave the other property owners out of this project. David Wells, Manager of the Bureau of Design and Administration, said the church cannot be served by the Fellows Street sewer because they are too high. Arthur Gray, 704 Hawbaker Street, asked whether water could be provided at the same time and Mr. McMahon noted that the owners could petition for the water service separately. John Smith, 626 E. Ireland Road, asked if the Board would be taking action today on the project. Mr. McMahon said the Board would wait to make a decision until the meeting two weeks from today and will ask that all affected property owners contact the Clerk of the Board to make their views known. Those not responding to the Board will be contacted if possible. The matter will be on the agenda for the July 9 meeting of the Board. Mary Lipp, 742 E. Ireland, asked about the method of payment and the interest rate. Mr. McMahon advised her that those who wish may pay the total cost when the construction is completed or may elect to pay it in five equal installments with their property taxes at six per cent interest. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was closed and the Board will take action on the Improvement Resolution at the July 9, 1979 meeting. PUBLIC HEARING ON DENIAL OF TAXI LICENSE - MICHAEL HOWARD This was the date set for a hearing on the denial of a taxi license to Michael Howard, Mr, Howard was present as was Attorney John Roper. Mr. Roper advised the Board that he had reviewed Mr. Howard's driving record and at no time was Mr. Howard involved in any offense that would jeopardize the public safety of citizens of the City of South Bend. A 1972 violation was for "No Registration" and "Failure to have an Inspection Sticker" and was dismissed. A 1974 violation was "No License Plate" for which he was found guilty and paid $5.00 and costs. A 1974 violation was "Hitchhiking" for which he was found guilty and paid $5.00 and costs. A 1977 violation was for "Failure to Have Inspection Sticker" and he was found guilty and paid $5.00 and costs. In 1977, his driver's license was suspended but not because of a moving violation or DUI. He was involved in an auto accident where he was hit from behind and because he did not report it and post bond, his license was suspended. He was driving on the suspended license the next day when he went down to get his car and again had his license suspended. This almost amounted to the same offense. Mr. Roper noted that there were no moving violations and he has had no other accidents and has a good driving record. There is no threat to public safety involved. He asked the Board to reconsider the application for a license because of Mr. Howard's need for a job.