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2 <br />STREET OR ArffjEY IMPROVERENT RESOLUTION NO. 423. <br />BE IT RESOLVED, by the Board of Public Works of the City of South Bend, St. <br />goseph County, State of Indiana, that it is desired and deemed necessary to improve Elmer <br />Street from the north line of Mayrts Michigan Avenue Addition to Keller Street as follows <br />to -wit :_ <br />-By grading said street from property line to property line; by paving the <br />roadway from curb lime to curb line with gravel three (3) inches in depth; by curbing the <br />roadway with cement curb and by constructing a cement walk five (5) feet in width on both <br />sides of said street.. All as shown on the pl£.ns and in accordance with the profiles, detail <br />drawings and specifications on file in the office of the Department of Public Works of the <br />City of South Bend, Indian. <br />The cost of the improvement herein provided for, except street and alley <br />intersections, shall be paid by special assessment to be levied upon the property specially <br />bene fitted, to the amount that the same may be - legally assessed therefor, in accordance <br />with an Act_ of the general Assembly of the State of Indiana, entitled "" An Act Concerning <br />Municipal Corporations," approved March .6,1905, and in accordance with and pursuant to the <br />provisions of all acts amendatory and supplemental thereto. <br />The cost of all .street and alley intersections, including one -halt' of the <br />width of the improvement, opposite street and alleys which run into, but do not cross said <br />roadway herein proposed to be improved and that portion of such street or alley abutting <br />upon property belonging to said City, or upon property not sub feet to such assessment , shall <br />be paid by the City in cash out of its general fund, if able to do so, or from a fund created <br />by a spedial assessment to be le*ied under the provisions of Section 108. of the above entitled <br />Act . <br />Assessments of ten dollars and more against each lot, if deferred, are to <br />be paid in ten equal annual installments, with interest at the rate of Six per cent 4 per <br />annum. A bond or bonds will be issued. to the contractor to the amount of such deferred <br />assessments in pro rate payment for such improvement. <br />Under no etrcumstances shall the City of South Bend be, or be held re- <br />sponsible for any sum or suns due from said property owner or owners for said work, or for <br />the "collection of the same, or for the p_yyment of any bond, bonds, certificate or certi- <br />ficates, issued to said contractor in payment for such work, except for such moneys as shall <br />have been actually been received by the City from the assessments for such improvement, or <br />such moneys as said City is by said entitled Act and amendments and supplemnts thereto re- <br />quired "to pay. All proceedings had, and 'work done in the makin g of said improvement, <br />assessment of property, collection of assessments and Issuance of bonds therefor, shall be as <br />provided for in said "above entitled Act. and Acts amendatory thereof and supplemental thereto. <br />BE IT RESOLVED FURTHER, That the Board of Public Works fix the 18th. day <br />of Mpril,1916 at the hour of °7:45 P.E. at the ofrice of the Board of Public Works, of this <br />City, as the time and place for the public consideration of said proposed improvement, at which <br />said Board of Public Works, will hear all per ons interested, or whose rproperty is liable <br />to be assessed for said improvement, and will decide whether the benefits, to the property li ble <br />to be assessed for said improvement, and will decide whether hhe benefits to the prpperty liable <br />to be assessed for said improvement will equal the estimated cost thereof. <br />BE IT FURTHER RESOLVED, That notice of the time and place of such pblic <br />consideration be published Lind mailed in the manner provided by law. Notice of this resolution <br />shall be published nad mailed in the manner provided by law. Notice of this resolution shall <br />be published on the 23rd. day of March 1916 and on the 30th. day of March 1916 in the South Be <br />Daily Tribune. <br />Adopted this 21st day of March1916, <br />E. M. MORRIS <br />A. H. RICE <br />JOHN B. WEBER <br />Veronica C. ,Sweeney,Clerk of Board. _ <br />President. <br />