09/25/1918 Board of Public Works Minutes

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221 Board mete in regular hearing at 7:1S P.M. Yr. H. F. Rbst leer ,absent. r Hearing given on C ondemnat ion Resolution No. 52 for the purpose of opening of an alley north of Mad is on Street from Lafayette Blvd. to the 1st. alley west, in the City of South Bend, Indiana. In the above matter remonstrators appeared and a written remonstrance was filed by Attorney H. A. Wair, representing the School City of South Bend, Indiana,. in words and figures towit: - This remonstrance filed in complidnce with the agreement of the Board at the former meeting held August 28th.,1918, and said remonstrance could be filed upon the return of Mr. Drummond of the Schoil Board of this City, he being absent at the former meeting. alley. A number of interested property owners appeared for said opening of The following remonstrance read and placed on file. TO THE -BOARD OF PUBLIC WORKS OF THE CITYOF SOUTH BEND, INDIANA. GENTLEMEN: The undersigned, The School City of South Bend, Indiana, which is interested in and affected. by the proposed opening of an alley across the north end of the premises known as the Madison School property located at the northwest corner of the inter_. section of Madison Street and Lafayette Boulevard in the City of South Bed, which pro- posed alley is more specifically described in Condemnation Resolution No. 52 of this Board, remonstrate against the destruction of the present Madison School real estate unit and against the establishmnt of such proposed alley andagainst the condemnation of the land proposed to be condemned and taken under said resolution, on the following grounds: First, That said property has been for many years past, and now is, devoted to public uses, to -wit:- public school purposes; and therefore both this Board of Public Works of the City of South Bend, and the Civil City of South Bend are whobly without power, authority or jur isd ict ion to condemn the real estate described in said resolution or appr opr iate the same or any part thereof to al lejs, -c iv it city or other uses. Second, That the opening and establishment of said alley would not be of pub 1 is ut it ity. Third. That the damages accruing from the opening and establishment of said alley would exceed the benefits accruing there from. Fourth, That the real estate described in said resolution is an intregal prt of said Madison School premises and therefore the opening and establishment of said alley would result in irreparable damage to the public school fiaeilities of the Uity of South Bend and to this remonstrant. Firth, That the properties in the immediate neighborhood of the proposed alley are now fully provided with adequate street, alley and highway facilities, Sixth, That the establishment of the proposed alley and the consequent use of same for--autiemubile ad other vehicular purposes would create an every present peril and danger to the life and limb of the children attending said Madison School, for which there would be and could be no offsetting advantage to the public or those that would be immedaitely affected by the establishment of said alley. Seventh, That it has been for many years past and now is the purpose of the School City of South Bend, Indiana, to increase the public school facilities upon said Madison School premises as soon as the financial condition of said School City will Permit, and that the land now sought to be condemned was acquired by the School City of South Bend purpuant to that purpose, and that in increasing said facilities all of said premises, including the strip of land porposed to be taken for alley purposes under these proceedings, will be needed and essential for building and other purposes. And the undersigned hereby represents to your honorable Body that portable sc:hool,buildings are now located upon the premises affected by these proceedings and that said portable build buildings are now being used to take care of pupils attending the schools who cannot be accommodated in the main Madison School Building beciust of the congestion therein; and that in the immediate future there will be further demands from time to time for addi- tional portable buildings to be located on said premises and used for school purposes until such time -and when §aid School City has increased the ldadi n ha�ol facilities by the