05/04/1915 Board of Public Works Minutes

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stay May 4th.,1915. Contiuued. The following ivaiver was filed. W A I V E Ro TO THE BOARD OF PUBLIC WORKS, SOUTH BEND,INDIANA. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, did on the 4th. day of May 1915 adopt a preliminary resolution for the im- proverrient o,f Resurfacing 'North Michigan Street from Foote Street to South End of the Michigan Street Bridge also at north end of intersection of Miehigan Street bridge in the City of South Bend2,Indiana by resurfacing the roadwaysalso resurfacing all inter secting streets and alleys, lying within said portion of said roadway not inalluded in the roadway to be ircproved with Asphaltic Concrete pavement five (5) inches in depth Placing the necessary marginal cement curb, curbing the - roadway with cement curb Thpre same is .not already constructed. Also the construction of the necessary storm water inlets, conduits and resetting all manholes and inlets to the proper grade*, All as shown on the plans and in accordance ith the profiles, detail drawing and specifim-tions on file in the office of the Department- of Public Works, And, Where, we the undersigned, are the only persons owing property on said street to be improved, and that we alone are affected in any way by said peo- posed improvement. That we are the sole owners of the separate parcels of land bordering upon said street proposed to be impr%3red. Therefore, in consideration bhat said Board of Public Works pro- ceed to improve said streetas proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all pbjection and de- fenses to any defect in said proceedings, and to any violations in procedure for the improvement of streets as fixed by Section 9710 or Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution in that it does not name f9ur different kirlds of modern City pavements; and we further waive any and all objections to the fact that no advertisement for hearing was published as requtrqtd by law, and that no notices were mailed to the owners of property, and that no hearing was had by said Board. We also consent that said Board shall proceed to let .thecontract for doing said work in the f)llowing manner}, That they shall notify by mail responsible contractors in the City of South BendtIndiana, of said work to be done under said resolution,, and that they shall receive bids from said contractors for the doing of s ' aid work, and they shall let the contract for doing said work to the lowest rasponsible bidder, And we waive any objection to the action of said Board in letting said contract in a form and moaner other than provided by said Section 9710- And we further consent that the cost of doing said work shall be assessed against the different parcels of real estate owned by us as provided by. Sections g7lO2g7llpg7l498715v8716];F,71728719 of Burns Revised Statutes of :L914. And we. further agree that notice given is by mail shall be sufficient notice of the hearing upon assessments made for said impnvvement. It is understood that this agreement is to apply to street IRY. Co. only as paving between rail and outside of rails as provided by Ordinance. Given under our hands on the day and year first abovemantioned PARK BOARD BY RI CHARD ELREL,,Pres. C11ICAGO1,SOUTH B ' END & NORTHeRN INDIANA RY. CO. By.C.D.SONS,