09/12/1913 Board of Public Works Minutes

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1 �-3 5 STREET OR ATjLEY IMPROVEMENT RESOLUTION NO. 290. BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BENDST. JOSEPH COUNTY,STATE OF INDIANA, that it is desired and deemed necessary to improve MILTON AVENUE FROM MICHIGAN STREET TO WITWER AVETNUEas follows,to-wit:- By grading and paving the roadway, also grading'a'nd paving the roadway of inter- secting and entertng streets and alleys, lying within said portion•of said Witwer Avenue not included in the roadway to be improved with Asphalt, Bitulithic, Brick or Creosoted 'Wooden Blocks. Laid on a five (5) inch portland cement gravel concrete foundation* Or with Brick laid on a six (6) inch gravel foundation, placing the necessary marginal cement curb., curbing the roadway with cement curb where same is not already constructed.. also the construction of the necessary storm water in -lets. All as shown on the plans.) and in accor. dance with the profiles, detail plans and specifications on file in the Office of the Department of Public Works of said City. And such improvement is now.ordered. The cost of the improvement herein provided for, except street and alley inter- section3, shall be paid by special assessment to be levied upon the , property specially benefitted, to the amount't-hat the same may be legally assessed therefor, in accordance wit.a an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6,1905, and in accordance with and pursuant, to the provisions of all acts amendatory and supplemental thereto. The cost Of all -street and alley intersections, including one-half of the *idth of the improvement opposite street and alleys which run intobutdo not cresssaid roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall ,be paid by the City in cash out of its general fund., if able to do so, or from a fund ,created by a special assessment to be levied under the provisions of Section 109 of the above entitled Act* Assessments of ten dollars and more against each let, if deferred., are to be paid in ten equal annual installments, with interest at the rate of Six per cent per annum. A band -,or bonds will be issued to the contractor to the amount of such deferred assessments in pro rats payment for such improvement. Under no circumstances shall the City of South Bead be, or be held-respons- ible,f'or any sum or sums due from said property owner or owners for said work', or for the collection of the same, or for the payment of any bond, bonds, certificate or ee-rtificates issued to said contractor in payment for such work, except for such moneys as shail have. actually been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be provided for .in said above entitled Act, and Acts amendatory thereof and supplemental thereto. BE'IT,,FURTHER RESOLVED, That the Board of Pu.blie -fix the 10th., day of October A.D. 1913 at the hour of 7:45 P.M. at the office of the Board of Public of this City, as the time and place for the public -consideration of said proposed improvements, at which said Board of Pubic Works will hear all persons interested, or whose property is liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED. That notice of the time and place of such public ,consideration be published and mailed in the manner provided by law. Notice of this resolution shall be published on the 15th., day of September 1913 and on the 22nd. day of 'September 1913 in the South Bend Daily Times. Adopted this Twelfth day of September 1913. BOARD OF PUBLIC WORKS,,