05/31/1922 Board of Public Works Minutes

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The following communication. received read and placed on files and approved and Engineer requested to prepare new resolution for water connections on South Main Street from Indiana Avenue to Ewing Avenue, May 2791922. Board .of Public Works, ` South Bend, Indiana, ' Re: Contract of Joseph Luther for water connections on S Main St. Gentlemen: - In response to your°request for an opinion upon the above mentioned contract you are advised -that in my judgement this contract is not enforcible for the follow- ing rei-sons: Clause 31 of Seetibn 8655 Burns Rev. St. authorizes the City Council to enact an Ordinance " To regulate the making of private connections with sewer,''gas water and other like pipes and public conveniences and to compel owners of property to bring such connections inside the curbs of streets before the permanent improvement thereof; and on default of, the owners making such connections, to authorize they proper City.Officals to do ao at the owners expense and to make such expense a lien on the property, colleetiable in the same manner as expenses for other street and sewer improvements." The City Council did on the 24th. day of July,1916 adopt Ordinance No. 1.842 fcr the purpose of exercising the power conferred by the Legislature by the above act,' -''However, Section l of the said Ordinances No. 1842 was void for the reason that it aEttempted to delegate the power given to the City Council to the Board of Public Works and this Section has recently been amended to correct this defect, The result is, that at the time the Board of Works adopted the resolution of May 1921, the Board of Works had no power to require these connections to be made and there wasno Ordinance which required the.same. Before the expense of making such connections could be made a lien on -the abutting property it would have been necessatty, under the Statute, that there be an Ordinance requiring these connections, providing for a notice to the property owners and a reasonable period for the property owners to comply with the requirements of the Ordinance, Further, it will be observed that subsequent to the adoption of the resolution for the improvement of South Main Street that the action of the Board was rescinded, and since no steps were taken either by the City of by the Contractor toward carrying out the contract for water connections, a fair inference is that the whole project was abandoned by commion ccrisent and may be a further defect in the proceedings in this; the Statute itself oontemplates the giving of some notice to property owners to make such connections. The notice given and provided for b the Ordinance is two publications in dne news aper this is in.conflict with the law assed in lfflq2p re uir- 3ng all notices to be pubplishe in two newspapers and requiring t�o weekly p�iblicattions F Resp"tfully submitted, ' L. W. HAMMOND APPROVED City Attorney, MAY 31,1922. BOARD OF PUBLIC WORKS. By L. B. Slaughter President. e a , The following communication received from Geo..A. Davis, Commissioner of Buildings in regard to convention, same approved as follows: - May 2991922. Board of Public Works, City of 000uth Bend, Ind. Gentlemen: - I would like to attend the annual convention for smoke prevention to be held in Cleveland, 0. June 13 to 16th., and suggest that an order in the sum of 65.00 be.drakwn through the regular channel for expenses of same, The ,enclosed correspondence will explain what has been done in regard --to same to this date. ' -- Yours very truly, APPROVED GEO. A. DAVIS MAY31.,1922. Commissioner of Buildings. BOARD OF PUBLIC WORKS. . BY L. B. SLAUGHTER President. Subject to there being a fund from which this amount can be paid.