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V <br />456 <br />TRUNK SEWER IMP"OVEMENT RESOLUTION NO. 349. <br />J Resolved by the Board of Public works of the City., of South Bend,Iffounty <br />of St. Joseph, State of Indiana: That it is desired and deemed necessary to con- <br />struct a sewer on High 'Street from Dayton Street to Bowman Street all In said City, <br />whikth, from its. size and character, is not only intended and adapted for use by pro- <br />perty eftmers whose property abuts along the line of said sewer, but is also intended <br />and adapted for receiving sewage from collateral'drains already constructed or which <br />may be hereafter constructed, and the same is hereby ordered constructed in and a- <br />long the following line in said City,to:wit: <br />Beginning at the center of Dayton Street <br />and High Street; thence south along the center of High Street to the center of <br />Calvert Street with a 36 inch sewer; thence still. south aong the center of High <br />Street to the center fff Bowan Street with a 30 inch sewer. <br />And to be built in accordance with the profiles, specifications, detail <br />plans, maps and estimates shovcm on file in the office of the Department of Public <br />Works of said City, which includes an estimate of the proportion that the cost of an_,,, <br />adequate local sewer, built along the above line, bears to the cost of the main sewer <br />to be built as follows: The cost of an adequate local sewer, built along the line <br />above described, is hereby estimated and fixed to be of the cost of <br />the main sewer to be built along said line as above set forth, which proportion, as <br />herein estimated and fixed, shall be taken and adopted in all computations, requir- <br />ing aknowledge of the cost of such local sewer if built along the line where the main <br />sewer is to be built. The cost of the construction of said sewer shall be divided as <br />follows: <br />1. So much of. such cost as shali be equivalent to the construction of <br />an adequate local sewer not adapted to receive sewage from collateral drains of <br />sewers, if built along the proposed line as hereinabove set forth, shall be paid <br />by the abutting property holders and the City of South Bend, it it be determined that <br />said City is benefitted by said sewer in the same manner and to the same extent as <br />local sewers, are paid for by there, under the Statutes in such cases made and pro- <br />vided. 2. <br />2. The excess of cost over and above what would be equivalent to the <br />cost of a local sewer, if built along said line, shall be assessed against each piece <br />of property in the district or area to be drained and against the City, if it be <br />determined that the said City if benefitted by the said sewer, according to the man- <br />ner and method prescribed by law, all of which said property beneficially affected <br />lies within the following described territory in the City of South Bend, County of <br />St. Joseph, and State of Indiana, to -wit: - <br />Beginning at the intersection of the First <br />Alley west of Miami Street and the First Alley South of Dayton Street; thence south <br />along the center of the First Alley west of Miami Street and said alley produced to <br />the center of Ewing Avenue; thence west along the center of Ewing Avenue to the South <br />west corner of the south east 1/4 of the south east 1/4 of Section 13 Twp. 37 N. R. <br />2 E. thence north along the west line of the south east 1/4 of the south east 1/4 <br />to a point 135 feet south of the south line of Dayton Street'; thence east parallel <br />with amd 135 feet south of south line of said Dayton Street to the First Alley west <br />of Miami Street which point is the place of beginning. <br />Said improvement shall be known as TRUNK SEWER ON HIGH ;STREET,under <br />IMPROVEMENT RESOLUTION N0. 348. In the City of South Bend, Indiana. <br />And each piece of property in said district or area above described, <br />including abutting property holders and the City of South Bend, if the said City is <br />benefitted, shall be assessed, as aforesaid, to pay said excess of cost over and <br />above what would be equivalent to` the cost of a local sewer; all of which will <br />more fully appear by reference to the profiles, map, drawing s and specifications now <br />on file in the office of the Department of Public Works of _ said City, which, ariong <br />other things, gives the exact course of said proposed main sewer,overflows, and <br />its appurtenances, and the district or area which may be injuriously or beneficially <br />affected thereby, as shown by the heavy boundary lines marked on said map and <br />drawings, with proper words and figures written thereon, clearly indicating what <br />said-heavy:�boundary lines represent, and the district or area embraced thereby. <br />Assessments if deferred, are to be paid in ten equal annual installments, with in- <br />terest at the rate of six per cent per annum. A bond or bonds shall be issued to the <br />contractor its 'Payment for such works unless the property owners pay said assess- <br />ments before said bond or bonds are issued. Under no circumstances shall the Ci3ry of <br />South Bend be or be held responsible for any sum or sums due from said property ow-ner <br />or owners for said work, dr for the collection of the same, or for the payment of any <br />bond, bonds certificate or certificates issued to said contractor in payment for <br />such work, except for suct-i moneys as shall have actually received by said City from <br />