01/09/1923 Board of Public Works Minutes

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77, F w 35 s Tue sda Board met ;in rogixlar, session at 9:00 A.M. All members present. Wa. Butler -of the Independent, -Tank Line Co. and Shaw and Swllivan appeared before the Board in regard to excavation made at the cornerof Main Street and Monroe Street for the placing of a gasline .stowage Lank. The Board instructed parties to relay sewer broken and repave street where pavement was removed. relaying of the sewer to be inspected by too City Engineer before the Contractor covers same* Thd Board instructed to Clerk to have notice served on M. S. Fisher to remove obstructions he has on City property in front of his store at 920-923 /sSouth Michigan Street at the N; E. cornerof Michi �n Street,a�Id Ohio Street. Said obstruction to be removed withi Thirty (30) days. Atty. Frank Gilmer appeared Pefore the Board in regard to the opening of an alley in Frantz Addition, anq equested the Board to hold up the adoption of &,resolution as agreement is to be made by parties interested for a turn at closed end of present alley. Resolution presented by the City Engineer for the opening of above mentioned alley was placed on file and held up for adoption pending the filing of proposed agreement. Frank J. Murray appeared before the Board in the interest of the American Le ion to see whether thi -William Street would be opened thru from Colfax Ave, as Arloandvgsed thation vjas iite�vasted oneiofthe thepprop proposed plans®t an of theCityPlanning �dr. . Murray was commission to have William Street opened up soon. Inspector made the fallowing report on petition for lights on intersection of Vassar Avenue and Brookfield Street. L beg. - to recommend the removal of lights from the corner of Adams and California Ave. to the corner of Vassar Avenue and Adams Street. From the eornerof College Street and Vassar Avenue to the corner of California Avenue anal College Street, L00 C. P. light from i,he `cor. of Vassar Ave. and. Johnson Street.to first alley south of Vassar on Johnson. Place an are light at the corner of Vassar Ave and Brookfield Street. Place and Arc light at the corn. of College Street and Humoldt more will follow. Thos H. Beaningy Report approved. The fallowing communication received from City Attorney read and placed on file. _ January 691923 Clerk of the Board of Worksv. i City Hall, South Bend, Ind. Dear Madam:- I have examined the attached form as requested by you and find that it is net sufficient to comply with the Statute pretaining to construction of trunk sewers. You will note in Section 117 of Thornton on Cities and Towns, the same being Section. 9W Burns Rev. St.v the following language: "If the board shall decide after such hearing that the area of district to be drained is properly bounded, that the special benefits to the property within such district or areas and the benefits, if any, to the said City will be equal to the estimated cost of'the'improvement as aforesaid, such findings shall be.entered of record, and shall be final and conalu_sive on all parties, and the save resolution shall be confirmed or modified." Consequently this form is insufficientbecause it does not define the boundariessf the district to be drdinedv nor does it find an$thing With respect to benefi-ts to -the City. `!In the case of Edwards Vs. Coopers 168 Ind. Page 54, it was held that these ( ding must be made in writing and entered in the record in order to igive the Board jurisdiction to make such assessements. This case has been cited many times, has never been over -ruled and muss, be taken as the law pretaining to -this question. I am not advised.:in what wonnectionthe question has arisen in your.Depart- ment but if the'Board so desires, I will prepare what.I believe will ,be a sufficient -and proper form of resolution for trunk sewers., Respectfully submitted, FILED LEWIS W. HAMMOND JAN. 9.1923. City Attorney. BOARD OF PUBLIC WORKS BY L. B. SLAUGHTER City Atty. to be asked to produce a correct form. Financial report of the Building Department for the month of December 1922 was filed with the Beard.