08/26/1919 Board of Public Works Minutes

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136. Board met in regulai session at 10: 00 A.M. dr. G. A. Elliott abaen.t. Mr. H. P. Rostiaer Vicar Presidon.t Acting President. The Board instructed Clerk to notify David Westburby of the W. H. Burke Plumbing Company to be present at the n*xt regular meeting August 27th.91919 at 10:00 A.M. tQ take up matter of repiede.ljxg hattir;g for new room in office of the Board The Board instructed the City tnginear to have the Contractor ropy** 4n.y defective curb along Olive Street at once at the same price bid in co4tract`,for the Olive Street pavement improvement* The contract for Trunk Sawar o� Diamond Avenue wader Improvement T n toproveme Reasolut on No. 700 was awarded to L. g. "Mobster �t........... $27-690.00 < The following communication to the lett in.g of the above contract and same nd agreements were f iled 6l regard re approved by the Board, - t> August 25t1a. ,1919. Witcomb Keller, < South Be d, Indiana Gentlemen:" I am herewith enclosing contract for L waiver for filing before the Bead Board of �Publie World in, the matter of the Diamond Ave$us Truak Sewer System under Res#lution No. 700.. I fool very cure that if your firm will execute this waiver and file vlte same bsf'ore the Berard of Public warka, and titat if the work is thereafter done that youf will be *stopped fro :;aestioxixg the legality of the ass*ssmen.ts because of the defects referred" to in the waiver. It has Veen held 1h Zorn vs Warner SchLarf, etc. Co. 42 Ind. App. 213; Men.zi*. vs Greensburg, 42 Ind. ;App. 6r; and Ross vs Stackkauso,114 Ind. 20- that; k the matters of aeceptissg or !re ject iugbide, and letting the contract are purely adch administrative in +aractor; and that if the stIlity ute is not followed in then* particulars that the contract is not void, but merely vendable, and that- if the property owners stabd'by and consent to the makg of than improvemexts that they are hereafter estoppod from question lag the lethereof. Th.*re are many otbh�!r Indiana authors ies to the sate affect that where & propert<y owaer consents to the making efl an Improvement and wkere tke contractor spends a large amount of money in the making of tke same add he makes the improvement without any objection from the property owner t .rat he car, collect the assessments. I herewith enclose the contracts w.h ch you requested, YOURS VERY TRULY, ELI F. SEEBIRT.