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722
<br />Wednesday Au.gust lst..1917.
<br />The Board met in special session at 1jl:30 A.M. All members present.
<br />✓ STREET OR ALLEY IMPROVEMENT RESOLUTION N0 551.
<br />Be It Resolved by the Board of Public Works Of the City of South Bend,
<br />St. Joseph'C"ounty , State of Indiana, That it is desired and deemed necessary to
<br />improve Niles Avenue from Howard Street to Leeper Avenue as follows, to -wit:-
<br />. Said avenue shall be graded, and the roadway, thereof shall be paved
<br />and also the roadway of certain portions of the
<br />streets and alleys which enter or in-
<br />tersect said avenue shall be graded and paved. The paving material to be used in
<br />making said improvement shall be gheet Asphalt, Bitulithic, Asphaltic Concrete or Brick
<br />and the foVndation shall be portland cement concrete five (5) inches thick for sheet
<br />asphalt, bitulihtic asphalticnconcrete and brick or rolled gravel six inches (6)
<br />thick for brick; also cement curb shall be constructed along said street where same
<br />is not air;ady constructed; storm water inlets and conduits shall be constructed,
<br />storm water inlets and conduits shall be constructed where necessary; all manhole
<br />covers and inlets shall be set to the proper grade and cement marginal curb shall be
<br />constructed at all streets and alleys where necessary; all as is more particularly
<br />shown, and all in accordance with this profiles flans, detail drawings and spec if icat in
<br />on file in the office of the Department of Public forks of the City of South Bend
<br />Indiana.
<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
<br />specially benefitted, to the amount that the same may be legally assessed therefor,
<br />in accordance with an Act of the General Assembly of the State of Indiana, entitled
<br />" An Act Concerning Municipal Corporations, " approved 'March 6,1905, and in accordance
<br />with and pursuant to provisions of all acts amendatory and supplmenetal thereto.
<br />The cost of all street and alley intersections, including onehalf of the
<br />width of the improvement opposite street and alleys which run into, but do not
<br />cross said roadway herein proposed to be improved and that portion of such street or
<br />alley abutting upon property belonging to said City, or upon property not subject
<br />to such assessment, shall be aid by the City in cash out of its general fund, if able
<br />to do so, or from a fund created by a special assessment to be levied under.the
<br />prov is ions of Section 108 of the above entitled Act.
<br />Assessments, of ten dollars and more against each lot, if deferred
<br />are to be paid in ten equal annual installments. with interest at therate of Six per
<br />per cent per annum. A bond or bods will be issued to the contractor to the amount
<br />of such deferred assessments in pro rate, payment for such improvement.
<br />Under no circumstances shall the City of South Bend be or be h&ld
<br />tosposinble for any sum or sums due from said property owner or woners, for said work
<br />or for the collection of the same, or for the payment fsx of any bond,, bonds, cert if ic-
<br />cate of certificates, issued to said contractor in payment for such work, except for sip
<br />such moneys as shall have been actually received by the City from the assessments for
<br />such improvement, or such moneys as said City is by said entitled Act and amendments
<br />and supplments thereto required to pay.. All proceedings had, and work done in the
<br />making of said improvement, assessment of property, collection of assessments and
<br />issuance of bonds therefor, shall be as provided for in said above entitled Act and
<br />Acts 'amendatory thereof and supplmental thereto.
<br />B e It Further Resolved, That the Board of Public Works fix the 14tra
<br />day of August 1917 at the hour of 7:45 P.kl. at the office of the Board of Publi
<br />Works, of this City, a the time and place for the public consideration of said
<br />proposed improvement, at which said Board of Public Works, will hear all persons
<br />interested, or whose property is liable to beassessed for said improvement, and *ill
<br />decide whether the benefits to the property lible to be assessed for said improve-
<br />ment will equal the estimated cost thereof.
<br />Be It Further Resolved, that notice of the time and place of such
<br />pu b 1 is consideration be published and mailed in the manner provided by law.
<br />Notice of this resolution shall be published on the 2nd. day of August 1917 and on the
<br />9th. day of August 1917 in the South Bend Daily Tribune.
<br />Adopted this lst. day of August 1917.
<br />E. !_. UORRIS
<br />BOARD OF PUBLIC WORDS. A H. RICE
<br />Attested: JOHN B. WEBER
<br />Veronica C. Sweeney,
<br />Clerk of the Board.
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