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<br />Board met; in regalar session at -9:00 A.M. All members present.
<br />Stanley Kolkiewica appeared before the Board and requested
<br />light be placed at Jefferson Street, and Kaley Street. Same referred to Inspector
<br />for report. _
<br />Atty. Be*tsah`WJ,th-,Dr. -Wirt appeared before the Board in regal
<br />regard to petition refused for moving of pole at alley off of Portage -,Avenue near --
<br />Keller Street. Board advised Dr, Wirt and Atty. Bertsch to take this matter
<br />up with the Indiana & Mich. Elec. Co. tohavepole moved ah.d,if poll is moved the
<br />City will see about rounding off corners.
<br />Thisate"rftlelefhe tl;gyp the deferred hearing on assessment
<br />roll and,. final estimate on La Salle Avenue from W. erI -
<br />end of River Bridge ' to west line of Main Streets `'under -Improvement Resolution
<br />No • 1002
<br />In the above matter Mr. Gray and Attorney W.,W. Pepple
<br />fi General Attorney of -the Chicago, Lake Shore and South Bend,Railway Company
<br />appeared and filed written remonstrance against assessment, and certificate of
<br />Public Service Commission in regard to surrender of franchise was pre en,ted to
<br />the Board for inspection.-bizt not fileF T Board aftev' hea,.V a � u rt
<br />interested in said hearing decided-3to defer -all action on said assessment,_ro�I�
<br />untff Wednesday December.20th , 1922 at '] i5 P,M..
<br />Copy °af return receipt, of registered letter send to C `N.
<br />Wilcoxen, Pres. Be:Gen'1. Mgr, Chi cagoLake_Shore & South Bend Railway. Company
<br />signed By-J. D.Flaherty at Miehigan City was filed.
<br />Copy of written remonstrance filed by Attorney Pepple of
<br />the Chicago, Lake Shore & South Bend Railway Company and over -ruled by the Board.
<br />STATE OF INDIANA
<br />SS
<br />COUNTY OF ST. JOSEPH
<br />BEFORE THE DEPARTMENT OF PUBLIC WORKS.
<br />OF THE CITY OF SOUTH BEND:
<br />IN THE MATTER OF THE ASSESSMENT
<br />FOR THE IMPROVEMENT OF LASALLE AVENUE,
<br />REMONSTRANCE OF THE CHIdAGO, LAKE SHORE & SOUTH, BEND
<br />RAILWAY AGAINST SAID PROPOSED ASSESSMENT AGAINST IT.
<br />to the Board of Public Works,
<br />South Bend; Indiana.
<br />Gentlemen:-.
<br />The undersigned respectfully remonstrate against the assessment
<br />against it for the improvement of La Salle Avenue, between West, line of Bridge ad
<br />and West line of Main Street for. the following.Teasons, to -wit:_
<br />1.- That the property of the ChIftgb, Lake Shore & South Bend Railway
<br />Company is not subject to an assessment for said improvement;
<br />2.- That on the 2nd, day of Mai 1922.9 the Chlca�o, Lake Shore & South
<br />Bend Railway Company, ;under its then existing franchise did then and there file
<br />with the City of South Bend, Indiana, which granted daid'fri=hise, and with the
<br />public service commission of Indiana, a written declaration; legally executed
<br />then and there surrendering its said franchise theretofore duly entered into,
<br />all as provided by Section 10052e5 of Burn's Annotated Statutes of .Indiana,
<br />Supplement of 1921. _
<br />3.• That, the Chicago, Lake Shore & South Bend Railway Company, at
<br />the time of the le-..ting of the contract for the aforesaid improvement of said
<br />La Salle Avenue by paving, received and was operating under and indeterminate
<br />permit,- duly authorised by-law, as provided in the act of the public service
<br />commission of Indiana, entitled " An Act Concerning Public utilities, creating
<br />a public service eomfnission, abolishing the railroad Commission of -Indiana, and
<br />conferring the powers of the riilroad commission on the public service commission
<br />approved March 4th, 1913.
<br />4.- That said alleged assessment herein for said improvement, by
<br />paving, of La Salle Avenue, in the -City of South Bend, Indiana, is contrary to
<br />law.
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