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A <br />Tuesday.February 13th.1, 10,23.;Continue6, <br />i <br />Remonstrance filed against the vacation of alley north of lots <br />3 and 4 of Ward's Sub. Div. Sam ejre$ and .filed, <br />The following commu ication received from the City Attorney <br />L. W. Hammond, read and placed on file. <br />Bard of Public Works, February 7,1923. <br />City Hall, <br />South Bend, Ind. <br />Gentlemen:- _ <br />I have been asked by the City Engineer., for an opinion upon the rights of the <br />City and the public in certain streets crossing real estate owned by, the late William <br />Rupel, in the vicinity of the Lincoln School. If I have the facts correctly in mind, <br />it appears that this land has been platted and streets opened across the same, which <br />streets have been improved and used by the public since 1911; that the plat has never <br />been recorded and that no conveyances ha ve been made with reference to the same. I <br />think the rule applicable to this case is stated in the case of the.City of Indianapolis, <br />v s. Kingsbury at al 101 Ind, Page 2009 as follows: <br />"User by the public, with the consent of the owner, for such length of time _ <br />that public accommodation or private rights might be materially_ effected by an inter- <br />ruption of the enjWyment is sufficient to raise a presumption that the owner intended <br />a dedication to the public," <br />Further on in the same case, it is said: <br />"It does not require any,specific period of used to constitute a valid <br />dedication," <br />There are marry other eases in this stateto the same effect, consequently <br />if these streets, have been opened by the owner of the land and improved by him for the <br />purpose of streets, and pavticularly if they have been,improvad by the City since that <br />time and have been used 1enerally by the public, I am quite siire that his successors <br />would. be estoppel to claim that these were not public streets, <br />i <br />FILED Yours truly, <br />FEB 13,1923. L. W. HAMMOND <br />BOARD OF PUBLIC WORKS City Attorney. <br />_ BY L: B SLAUGHTER. <br />President. <br />Renewal ,certificate of.•National Heating Company as principal <br />and .-.The Aetna Casuals y' and Pure`Ly Company as surety was approved by the Board <br />xThe following claims were approved by the Board. <br />S. E. Weaver 86.18 <br />So. Bend Clean Towel Ser. Co.. 7.00 a <br />George.J. Frohmoder.. 36.25 <br />The Indepgndent Tank Line 77,90 <br />Cline's Blacksmith Shop 3.00 <br />Cline's Blacksmith Shop 1.00 <br />Ind. & Mich. Elea, Co. 3.84 <br />John B. Haberle 7.25 <br />Avenue Shoeing Shop 25.00 <br />Dr. C. C. Bondurant 1.50 <br />Ind. & Mich. Elea. Co. 126.73 <br />Indiana & Mich. Elea. Co. 15.83 <br />J. P. Reed- 4.00 <br />So. Side Welding Machine Co. 23.00 <br />Dan R. Loner Zo. 10.00 <br />Indiana► Lbr. Co. .80 <br />News Times Printing Co. 19.80 <br />Underwood Typewriter Co. 10.00 <br />Indiana Bell Tel. Co. 275,83 <br />Indianan & Mich. Elea. Co. 18.75 <br />Indiana & Mich. Elea, Co. 6,250.49 <br />Garbage Dept., 602.40 <br />Street & Alley Dept., 865.25 <br />Engineering DePT., 296,00 <br />Cemetery Dept., 73.60 <br />Clerk of.the Board <br />Presid t, <br />