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679 <br />STREET AND ALLEY IMPROVEMENT RESOLUTION N0. 39. <br />BE IT RESOLVED BY THE BOARD OF PUBLIC MRKS OF THE CITY.OF SOUTH BEND, ST. <br />JOSEPH COUNTY,STATE OF INDIANA, that it is desired and deemed necessary to improve <br />Franklin street from Sample Street to Indiana Avenue as follows,to-wit:- <br />By grading and <br />paving all intersecting and entering streets and alleys lying within said portion of said <br />Franklin Street not included in the roadway to be improved with ASPHALT,ASPHALTIC CONCRETE, <br />BITULITHIC ,CREOSOTED WOODEN BLOCKS OR BRICK LAID on a five (5) inch Portland Cement gravel <br />concrete foundation*, Or with brick laid on a six (6) inch Rolled gravel foundation. Placing <br />the necessary marginal cement curb, curbing the roadway with cement curb where same is not <br />already' constructed. Also the construction of the necessary storm viat.er inlets and conduits.. <br />All as shown on the plans and in accordance with the prffiles, detail drawings and speci- <br />fications on file in the office 8& the Department of Public Works of South Bend, Indiana. <br />The cost of the improvement herein provided for, ex cept street - and alley in- <br />tersections, shall be paid by special assessment to be levied upon the property specially <br />benefitted', to the amount that the same may be legally assessed therefor,. in accordance with <br />an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Muni- <br />cipal Corporations, ° approved March 621925, and in accordance with and pursuant to the <br />provisions of all acts amendatory and supplemental thereto. <br />The cost of all street and alley intersections, including one-half of the <br />width of the improvement opposite street and alleys which run into, but do notcross said <br />roadway herein proposed to be improved and that portion of such street or alley abutting <br />upon property belonging to said City, or upon property not subject to such sasessmeat, shall <br />be paid by the City in cash out of its general fund, if able to do so, or from a fund created <br />by a special assessment to be levied under the provision of Section 108 of the above en- <br />titled Act. <br />Assessments of ten dollars and more against each lot, if deferred, are to <br />be paid'in ten equal annual installments, with interestfdt the rate of Six per cent per <br />annum. A bond or bonds will be issued to the contractor to the amount of such deferred <br />assessments in pro rate payment fo-r such improvement. <br />Under no circumstances shall the City of South Bend be, or be held responsi- <br />ble for any sum due. from said property owner or owners for said work, or for the collections o <br />of the same, or for the payment of any bond, bonds, certificate or certificates, issued to <br />said contractor in payment for such work, except for such moneys as shall have actually <br />been received by the City from the assessments for such improvement or such moneys as said <br />City is by said entitled Act and amendments and supplements thereto required to pay. All <br />proceedings had, and work done in the making off said improvement, assessment -of property <br />collection of assessments and issuance of bonds therefor, shall be as provided for in.said <br />above entitled Act, and Acts amendatory thereof and suppplemental thereto. <br />Be It 'Farther Resolved that the Board -of Public Works fix the 22ad, day <br />Of June,1915. at the hour of 7:45 P.M. at the office of the Board of Public Works, of this <br />;.`ity, as the time and place for the public consideration of said proposed improvement, at <br />which said Board of Public Works vd ll hear all persons interested, or whose property is liable <br />to be assessed for said improvement, and will decide whether the benefits to the property liab <br />liable to be assessed for said improvement will equal the estimated cost thereof. <br />I. i <br />Be It Further Resolved. That notice of the time and plate of such publlw. <br />consideration be published and mailed in the manner provided by law. Notice of this resolut. <br />shall be published on the 29th. day of May,1915. and on the 4th. day of June1915 in the <br />South Bend Daily Tribune. <br />Adopted this 25th. day of May,1915. <br />BOARD 0 F PUBLI C W3 RKS. <br />