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r,. <br />LOCAL SEWER IMPROVEMENT NO. 561. <br />RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, COUNTY <br />OF ST. JOSEPH, STATE OF-- INDIANA, That the construction of a local sewer, intended in <br />and, adapted only.for local use by the property holders whose property abuts thereon, and <br />not intended or adapted for receiving sewerage from collateral.drains, be and the same <br />is, hereby ordered in and along Dayton Street from Marine Street to the first alley <br />east of Marine Street as followsm towiL-- <br />Beginning at the intersection of the eeAter line <br />of Marine Street and Dayton Street; thence east along the center line of Dayton Street <br />to the first alley west of Leer Street with a 10 inch vitrified pipe sewer. Together <br />with the necessary manholes, storm water inletsm conduits, flush tanks and house con- <br />nections to the curb line along the 1 ine of said improvement; all as is _more particular*' <br />shown, and all in accordance with the profiles, plans, detail drawings and-spec`ificatioa <br />on file in the officeof the department of public Works of the City of South Bend, <br />Indic,na, and said sewer, with all its appurtenances shall be constructed in accordance <br />.with the profile and *pec ifications now on file in the . office of the Department of <br />Public Corks of 'said City. The cost of said improvement shall be apportioned against ad <br />and paid by the property holders whose property abuts thereon, and upon the City of <br />South Bend if the City is bene£itted by said inprovement, all according to the method <br />and manner provided for -in Act of the General*Assembly of the State of Indiana, entitled <br />" An Act Concerning M�nieipal Corporations, " approved March'6,1905. Assessments, if <br />deferred, are to be paid 'in ten equal annual installments, with interest at the rate <br />of Six per cent per arinum. A bond or bonds -shall be issued to the contractor in pay- <br />ment for such work , unless the property owners pay said assessments before said bond <br />or bond's are issued. 'Under no circumstances shall the City'of South Bend be or be held <br />responsible for any sum or sums ,due from said property owner .or owners for said work <br />or for the colleetioa'of.name, or for the payment of any bond or bonds, certificate or <br />certificates, issued to said contractor in payment for such work, except for such moneys <br />as shall have been actually received by the City from the assessments for such improve- <br />ment., or such moneys -s said City is by said above entitled Act required to pay All <br />proceedings had, and work done in the making of said improvement, asses dent of poe= <br />pertry, collections •of ,assess-menta ,and issuance of bonds therefor, shall be as provided . <br />for in 'said above entitled Act, <br />-Resolved by -the Board -that a waiver be -signed-and'filed by the <br />property owners waiving all advertisement for notice of hearing and that notices <br />be send by mail to most reponsible contractors. that brids will be received October 16th. <br />1917 at 10: 00 A.M. <br />Adopted this 9th. day of October 1917. E. M. UORRIS <br />A H. RICE <br />JOHN B. WEBER <br />Veronica CSweeney, BOARD OF PUBLIC WORKS. <br />Ver. <br />Clerk'of the Board.. <br />WA IVER. <br />South Bend, Ind. Oct. <br />TO THE BOARD OF PUBLIC 1R.ORKS - <br />S OU TH BEND, IND IANA. <br />WHEREAS, The Board of Public Works of the City of South Bend, Indiana <br />did, on the 9th. day of October 1917 adopt, a preliminary resolution for the improvement <br />of Dayton Street from:Marine Street to 1st. alley east in the City Of South Bend, Indian <br />by construction pf a sewer, also the construction of the necessary manholes, and inlets, <br />water inlets, conduits and resetting all manholes and inlets tothe proper grade. All' <br />as shown on the planai and in accordance with the profiles, detail drawings and specif- <br />teations on file in the office of the Department of Public Works-, And Whereas we the <br />undersigned, are the only persons owing property on said str-eet to be-improved,, <br />e improved, and that <br />we are the sole owners of the separate parcels of land borderigg upon said street pro- <br />posed to be improved. Therefore, in consideration that said Board of Hublic Works <br />proceed t im rove aid street as proposed in said resolution, and for the further <br />puppose o? saVing time abd expense, we, the undersigned, do hereby waive all objections <br />and defense to any defect in said proceedings and to anyviola,tion in rocedure fair the <br />construction of sewers as fixed by Section 7�2 of Burns revised Statues of 1914. We <br />furth waive n ri ht to object to the f�rm of said resolution, We fur hher waive an <br />and- a ob eatio s t� the fac that no adv rtisement for hearing was: pub fished ,as regLd <br />by law and-tha.t no otices were mailed to the owners of property and that no hearing <br />was held by -said Board. We also consent that said Board shall -proceed to let the <br />contract tor.doing said work in the following manner:- +ha,t they shall notify. by mail <br />re ponsible contractors in the City of South Bend, Indiana of said work to be done under <br />saNd resolution and th hey hall receive bids Proirp� saidd co tractors for th doi g of <br />said wok they he et tie coat ct for he r�oin f sa d w k to t e e <br />responsriUied>er. n we waive any o ectfion o t e at�on o sa Boardneg <br />said contract in -a form and manner other than provided by law. And we further consent th <br />that th cost of doing said work shall be as a ed- a ains the different pare 1 of real <br />estate owned by us as prov ie� ed by Sect ions, 970g 872� a �723a 8724, 8725, 8726 �727; 8728 <br />and all.acts and°laws amendatory thereof or supplemental' there;o. And we further agree <br />that notice given us by mail shall be sufficient ient notice of the hearing upon the assess- <br />ment made for, said improvemdntr. ° <br />Given under our hands on the day and year first above mentioned. <br />- GEQRGE A. PLATT <br />See Record No. 7 Page One for continuation of minutes for this date. <br />