05/01/1917 Board of Public Works Minutes

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Hearing given on assessee sxt roll and final estimate for pipe sewer on liner Street from Notre Dame Avenue ti St. Peter Street, under Improvement Resolution No. 480. In the City of South Bend, Indiana. In the above matter Wm. Bergan;appeared and objected to theamount of dirt left on the street, but no written remonstrance was filed, The Board therefore find hhat the property assessed in said Bolls filed.April 24th.,1917 is-benef tted in the amount of assessments as shown on said rolls, and the Board further find that the assessment roll filed April 24th. ,1917 and the f inti .estimate allowed,Xprit 24th.,1917 should be and the same are hereby in all things rati- fied confirmed and approved. Deferred hearing had on roll forawarde of damages and assessments of benefits for the vacation of Scott Street from alley north of Leon Court to point 30 feet north of S. S. B. & S. Ry. Co. and Leon Court from Scott Street to ally west ,of .Scott Street and alley north of Leon Court from Scott Street to alley west of Scott Street , under Vacation Resolution No. 34. In -the City of South Beiid, Ind isra. , In the above matter remonstrators appeared but no written remon- strance was riled. Property owners objected to amount of damages allowed also warted an outlet provided along Railway. The Board deferred all action on said roll until Wednesday May 2nd. 1917 at 11:00 A.M. Mr. Geo. M. Witwer was present at said session in regard to vacation of said street and alleys. f The following agreement of Heber P. Harter approved by the Board. A G R E E M E N T THIS AGREEI-ENT, Made this 1st. day of May91917 by and between the ✓ Harter Realty Company, party of the first part and the City of South Bend, Indiana, by -and through its Board of Public Works, party of the second part witnesseth:- The.t,- khereas, the party of the first part is the owner of certain - additions in the City of South Bend known as Harter Heights First and Second Additions to said City, and that all the - lots and land in said Additions is owned by the party of the first part; and said party of the first Dart desirestb have all the - streets running through said add it ions paved, and, has petitioned the Board of Public Works of the party Ofthe second part to have the same done and to save the cost thereof assessed against the land in the form and manner as provided by law, And, Whereas, the slid party of the second part does not now have money sufficient in its intersection fund to pay all the cost of paving street intersections, which cost would be assessed against the City; Therefore, in consideration that°the said party of the second part, through its Board, shall cause said streets to be paved during the year 1917, the party of the first agrees to pay upon the completion of said work and the approval of the assessment roll therefor, one-half of the cost of paving all street inter- sections as aforesaid; or said Board may at its option assess -said onehhalf of the cost of paving street intersection against the lots and lands of the party of the first part in addition to other assessments to which such land is subject. IN ;"ITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above mentioned. HARTER REALTY COMPANY BY HEBER P. HARTER CITY OF SOUTH BEND, IND IANA. BY E. K. MORRIS ° A'. H. RICE JOHN B. ni BER Board of Public Works.