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4242 <br />.STREET OR ALLEY IMPROVEMENT RESOLUTION NO- 339- <br />Be It Resolved by the Board of Public Works of the City of South Bend, <br />J St. J<-seph County, State of Indiana, that it is desired and deemed necessary to im- <br />prove Marion Street from the west line of St. Joseph Street' to the east. line of Lot 5 <br />Hammond & Whitcomb Addition, as follows,to-wit.:- <br />By resurafcing the present pavement with three inches of crushed lime- <br />stone a -id a bituminous filler. Placing the necessary cement marginal curb, curbing the <br />roadway with cement curb where same is not -already constructed. Also the construction <br />of the.necessary storm water inlets and conduits. All as shown on theplans, and in <br />accordance with the prfoles, detail drawings and specifications on file in the office <br />of the Department of Public Works of said City. <br />The ,cost of the improvement herein provided for, except street and <br />alley intersections, shall be paid by special assessment to be elvied upon the prop- <br />erty specially benefitted, to the amount that the same may be legally assessed therefor <br />in accordance with an Act of the General Assembly of the State of Indiana, entitled - <br />" An Act .Concerning Munciicpal Corporations," approved March 6,1905, and in accord- <br />ance with and pusuant to the provisions of all acts amendatory and supplemental therete <br />The cost of all street and alley intersections, including one-half of <br />the width of the improvement opposite street and alleys which run into, but do not <br />cross said roadway herein proposed to be improved and that portion of such street or <br />alley abutting upon property belonging to said City, or upon property not subject to <br />such asessment, shall be paid by the City in cash out of its general fund, if able to <br />do so, or from a fund created by a special assessment to be levied under the provisions <br />of Section 101 of the above entitled Act. <br />Assessments of ten dallars and more agairrist each lot, if deferred, are <br />to be paid in ten equal annual installments, with interest at the rate of Six per <br />cent per annum. A bond or bonds will be issued to the contractor to' the amount of such <br />deferred assessments. in pro rata payment for such improvement. <br />Under no circumstances shall the City of South Bend be, or be held <br />agsponsible for -any sum or sums due from said property owner or owners for said work, <br />or for the collection of the same, or for the payment of any bond, bonds, certificate, <br />or certificates, issued to said contractor in payment for such work, except for such <br />moneys as shall have actaully been received by the City from the assessments for such <br />improvement, or such moneys as said City is by said eneitled Act and amendments and <br />supplements thereto required to pay. All proceedings had, and work done in the making <br />of said improvement, assessment of property, collection of assessments and issuance of <br />bonds therefor, shall be ps provided for in said above entitled Act, and Acts amenda- <br />tory thereof and supplemental thereto. <br />BE IT FURTHER RESOLVED, That the Board of Public Works fix the 25th. <br />day of August,1914 at the hour of 7:45 P.M. at the office of theBbard of Public Works <br />of this City, as the time and place for the public consideration of said proposed im- <br />provement, at which said Board of Public Works will hear all persons interested, or <br />whose property is liable to be assessed for said improvement, and will decide whether <br />the benefits to the property liable to be assessed for said improvement will equal <br />the estimated cost thereof. <br />BE IT FURTHER RESOLVED, That notice of the .time and place of suhh <br />public consideration be published and mailed in the manner provided by law. Notice <br />of this resolution.shall be publiseed on the 24th., day of July 1914 and on the 31st. <br />day of July,1914 in the South Bend Daily Tribune. <br />Adopted this 21st, day of July21914. <br />BOARD OF PUBLIC WORKS. <br />President. <br />