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2. The -excess "of cost" over. sad above what would be equifalext
<br />to the cost of the local sbwsr" if built along the said lixQ, 9"tall be
<br />assessed against each piece of property in the district er area to be drained
<br />and agsalnst, the City, if it be determined that the said City is banefitted
<br />by the ` said - sewer, acc erd ing 'te the meaner and method proscribed by law,
<br />ell of e►hich said property .bon flo'SllyL affeQted dies within the f ellowiwg
<br />described tort itory in the City of South Bead,, Coumty of at. Jose, and
<br />State of Isdianam• towlts-� Beginnnia g at '-the. intarel Otion of" the we early line
<br />off' Portage,Avenue -: the easterly.,ide:,of _the right e% e►ay of the hi .,
<br />Indiana & South' r�► Uailway.. Co thence-aQuthwesterlyAlong
<br />the ea►serly late
<br />of said right of way tw-the east and west center line of Beetle; a 2 Tp. 37 B.B, ;
<br />2 E. thence 6asV es. said center .line. of sect ion-2 t Q the first alley east of
<br />Diamond Avenue; ' thence north along thet first aliey east of Diamond Avenue; to -
<br />the center` or` Vassar Avenue; '- "thenceeast" alaag the center 11we -:ai' Vassar Avenue
<br />to the first Alley east of Cleve and Avenue sad the easterly line of lets
<br />3Sl$.3g3.382,381 s, 380.379, 378.377, and 376 to the southerly lie of Sat 375 Massa `
<br />Park Addit-ion; thence east an the s outfit line of lit 375 in said Add it ion to
<br />Blaine Avenue; . thence north along the westerly" line' of B latas Avenue to the
<br />westerly line` of Portage. Avenus;` thence northwesterly along the westerly- line
<br />oiPortage, Avenue" to the{ pl ac a of- beg). lag.
<br />Said impioiemeat shall be knewsi as Diamond Avenue Trunk
<br />and lateral sewers under 'Improvement ResclutIoi N , 708 In the City of South
<br />Bsad, Ind la x-Le
<br />a
<br />And each place. of property -in, si-IA districVVi area above
<br />described, ineludiag abutting property holders iA4 the -said City of South Bend,"
<br />If the said City i betefitted shall be assessed, as se`resaidj- to pay said
<br />excess of cost over and above what would be equiv lent to the cost or a iocai
<br />sewer; sf all of which wil -more stilly appear Eby � olereaco" ta_ the prof ices,
<br />'wisp, draw lags sad spec if icatlons now -on -file is t e office of the Department
<br />of Public Works Of said City, which, among other hinge, gives"the enact
<br />course of said proVesed main sewer, overflows, its appurtenances, and the-
<br />d istr ict or area which may be injuriously or beneilc Tally affected thsereby
<br />as show by the heavy boundary lines ,marked an said map and drawings, with
<br />proper words and figures written thereon, clearly indleat iug what= said heavy
<br />boundary lines represent, -and the district or are embraced thereby. Assesaft
<br />meats .'fif delefred, .are to be paid in ten equal ' ual. iRStal lmests, with in -
<br />tercet at the rate of SIX
<br />per cent per aaaum. A end or bonds shall be issued
<br />to the contractor in ziaymeat for said work, ualon the property owners pay
<br />said. asaesamests before sald boaddor bow are is ued. Under no eircumstancss
<br />sball the City of South Beal be or be held respon We for any sum or sums "due
<br />from said property over or own re for;. said work, or for the collection of the
<br />some, or for the payment of any bond ,,bonds.,, car ificate or certificates,.
<br />issued . to said ca tractoa 1n payment for such wor , except for such moneys �s
<br />shall have been actually received by said City.- fr ffi_-the assessments for such
<br />mprevemeats: _ _ - _
<br />-All proceedings had and w6kk dose in the construction of said
<br />_ main sewer and its pippurtinanaaa 9 manner of asses meat °of property a of l ect ion
<br />of assessments and issuance of bends therefor, sh 11 be progided for in ,as
<br />Act of the General Assembly of the State of Inds , eat itled "' As -Act Concern-
<br />ing Municipal Corporations, " du matters pertain g to the c onstitut ion, alter-
<br />ation and maintenance of public ,drains and sewers providing for Lthe coxatruc-
<br />ties, alteration and maintoneace of such sewers drains is •such c it.ies and
<br />within-"Qet3r miles thereof, also providing for"the assessment of property
<br />specially benef i tten thereby for the payment ther ©f, " in whole or in part,
<br />and for the collect�eA of such assessments, repea lag all laws and parts of
<br />laws in conflict therewith, and belarins as evarg aey, approved March 6,1905,
<br />and all acts supplementary and amendatory thereto passed by the General -
<br />assembly of the State of .Indiana.
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