08/25/1914 Board of Public Works Minutes

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469 sway Augus'G ;e_lbtn. 21y14. Board met in regular session at 10:00 A.M. All members present. Bids were received, opened and read on the following improvements and were referred to the City Civil Engineer for tabulation to be reported on at 7:45 P.M. this date. Sewer on Calvert Street from Bowman Creek Trunk sewer to Witwer Avenue ,under Improvement Resolution. No. 330. Pipe sewer on Bubail Avenue from Carroll Street to Miami Street, under Improvement Resolu— ✓'tion no. 332. Pavement on Sherman Avenue from Michigan Avenue to south edd of said street, under Impmve— ✓ment Resolution No.301. Pavement on 1st. alley west of Main Street from Madison Street to La Salle Avenue and vllst. alley north of La Salle Avenue from Main Street to Lafayette Street, under Improve— ment Resolution No. 322. Mr. Chas. Oberlein appeared before the Board, the Board ha,, ing the. utter of - ✓ taking out permits before he done any excavating , from the Engineer's office. Mr. B. F. Augustine,President of the Board of Public Safetywith Fire Chief Sibrel appeared before the Board in red to the Board purchasing the old fire horses ✓ for their departments. No. action taken. Communication received from J. C. Birdsell and F. A. biller soliciting the privilege to pave Sunnyside Avenue -from the north property line intersecting with Jefferson Blvd to a point 310 feet north of such line with concrete pavement. The Board ordered that both Mr. F. A. Miller and Mr. J• C. Birdsell be requested bo be present at their regular session to be held at 7 45 P.M. this 25th., day of August,1914. Thefollowing com munication was received, read and placed on file.e. _The, -City Engineer was instructed to prepare a resolution for a sewer on Cherry Street at Jefferson Blvd. Board of Public Works, South Bend, Indiana. Gentlemen:— In re Complaint Cherry S+. sewer. In answer to ynwr question whether your Board has the power to assess the cost of repairing a sewer against adjacent and benefitted property. I advise you that it is my opinion that you can not. There is no case in Indiana on the subject but there are a great many cases in other states in i�hich It is held that under the usual grant of power to construct a sewer, when once constructed, special assessments can not be levied for reconstruction or repairing, even though additional benefits thereby accrue. But, the cases hold that a new sewer can be constru ted at the ex— pense of pofjerty owners.when one previously onstructed has become inadequate. Amd this this is true because the power to impose special assessments is a continuing power and not exhausted when one eewer is built, but if it ceases to conduct the sewage a new one may be built. Yours very truly, E. F. SEEBIRT, Pole and Wire Inspector Thomas Beaning reported on the poles on South Mich. Street from the corner of Chippewa Avenv.e south past the property of H. S. Cover, and the ✓ same was read and placed on file. Pole and. wire inspector Thomas Beaning reported that pole in front of 454 S. Harris Street was in defective condition. The Board approved of said report and the Indiana & Michigan Electric Company was ordered to replace this at once* Engineer filed the estimated cost of Fellows Street pipe sewer improvement at ..... 310.00 n n n n n of Yirginia Street pipe sewer improvement at.$.1,110.00 Mr. T. C. Barnes notified the Board that he had ordered the Brick to repair High Street pavement, and would make the necessary repairs as soon as brick came.