07/21/1914 Board of Public Works Minutes

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421 'STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 337- Be It Resolved By the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve Diamond Avenue from Michigan Avenue to the north line of CushingIs Fifth Addition, as follows, to —wit: — By grading and paving the roadway, also grading and paving the roadway of all intersecting and entering streets and alleys, lying within said portion of said Diamond Avenue not included in the roadway to be improved with ASPHALT,ASPHALTIC CONCRETE, BITULITHIC,CREOSOTED WOODEN BLOCKS OR BRICK laid on a five (5) inch Portland Cement Gravel Concrete foundation. Or a BRICK laid on a six (6) inch Rolled Gravel foundation. Or a CONCRETE PAVEivENT seven (7) inches in depth. Placing necessary marginal cement curb, curbing the roadway with cement curb where same is not already constructed. Also the constructeo of the necessary storm water inlets and conduits. All as shown on the plans, and in accordance with the profiles, detail drawings and specifications on file in the Office of the Department of Public Works of said City. The cost of the improvement herein provided for, except street and alley in— tersections, shall be paid by special assessment to be levied upon the property specially benefitted, to the amount that the same may be legally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6219052 and in accordance with and pusuant jao the provisions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one —.-.half of the width of the improvement opposite street and alleys which run into, but do not cross said roadway herein proposed to be improved and that portion of such street and 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 lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of sixper cent per annum: A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such improvement. Under no circumstances shall the City of South Bend %be, or be held respon— sible for 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 certificates issued to said contractor in payment for such work, except for such moneys as shall 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 re— quired 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 as provided for in said above entitled Act, and Acts amendatory thereof and supple— mental thereto. BE IT FURTHER RESOLVED. That the Board of Public Works fix the 25th., day of August, 1914 at the hour Of 7:45 P.M. at the office of the Board of Public Works, of this City, as the time and place for the public consideration of said proposed improve— ment,, at which said Board of Public Works will hear from all persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the bene— fits to the property liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FUR TITER RESOLVED, That notices of the time and place for such public consideration be published and nailed in the manner provided by law. Notice of this resolu- tion shall be published on the 24th., day of July,1914 and on the 31st., day of July,1914 in the South Bend Daily Tribune. Adopted t is 21st., day of July,1914. BOARD OF PUBLIC WORKS.