02/08/1919 Board of Public Works Special Meeting Minutes

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FEW Board m*t in special secs ion at 10: 00 A.?A. All members present. ,This %e ng the d-*te set for deferred hearing on Pipe sewer on Lindsey Street from Bla.ne Avenue to Portage Avenue, in the City of South Rend,, Indiana, Mr .; Ke.lie property owner y + . y P . P y � .on Lindsey, Street appeared, before the Board and the matter ojO a temporary connection to Portage Avenue sower was discussed, also the tpriva.te sewer connection Mr. M. Kelley claimed he has with Qthe Garwood Property adjoingAg his on Lindsey Street.. He stated is he could isake the.necessary co2nectian and repair in the private sewer between his and the Garwood property it would-be unnecessary to Install a sewer in 'theis block. The Board deferred this matter until Tuesday -February 18th. ,1919 at 10: 00 A.,M. until thismatter could bd investigated. (Cape Guy L. Bunker present at said meeting, still objected'to sewer'being constructed on Lindsey Street from Leland_Av*. to { Portage Avenue as he stated he had adequate sewer into Leland Avenue sewer. As matters came up , before the Board relative to bills in the State Legislature affecting the City of South Bend in ; 'contemplated improvements, it was unanimously decidcdthytthe Board of Public Works should -go to Incaianapolis, rind spend the necessary time to take up these matters with the Legislature.. The expense of the different members to be paid by proper voucher of -the Board when a proper voucher and itemized statement of expenses were filed. City The fallowing communication was presented by Attorney Thos, W. Slick, same read and deferred indefinitely. February 8th.,1919. The Board of Public Works, South Bend, Indiana. Gentlemen: - he Board of Pub1lc Works underthe formek admin.stra,t ion widened Leer St. and condemned a, strip of land 20 ft. by 280 ft. off property belonging to Mr. Talcott, and I hand you herewIth a penciled sktech showing the property condemned. Messrs. Rapp, Judie and Tohulka have appraised the damages as follows:- 290 ft. of sidewalk ,5ft. wide at 10cets per sq. foot. $140.00 280 ft. of curb , at .15 per lineal foot 42.00 30 large shade -trees destroyed 300.00 Moving 280 ft. of iron fence i l 60.00 20 ft. frontage on Vistula, Avenue 200 ft4i deep at ., 050,00 per front foot. 1000. 00 80 ft. of front on Leer St. by 20 ft. deep at $5.00 per front Moot � '. 40o.00 Making a total 'of dama�es Appraised 1942.00 The former Board of Works all®g ad -11113.50 and assessed benefits in the sum of $80.00 making a total of damages to be paid to Mr. Talcott in the sum of $ 1,033.50 Mr. Talcott also states Chet a rustic house and a large quantity of shubbery were necessarily destroyed byt he has made no claims for damages: f+or these items. Mr. Talcott appealed from a decision of the -Board of Public Works she pleadings were argued and settled before the late Judge Fedd,in the St. Joseph Superior Court, and afterwards the City took a change of venue to the Elkhart Superior Court, where the case is now pending. I have had several conferences wIth Mr. Talcott and Mr. Shively, his att#eney and also with Mr. Rapp and to -day Mr. Talcott agreed to throw off $200.00 of the above claim and accept $19742.00 in full settlement of the litigation. 011033-.50 has been paid in and, I am informed is now in the hands of the`Count-y ,.reasurer, so that if this settlement should be made, it would be necessary to appropriate $708.50, making a total of $1,742.00. I am of the opini©n that the settlement is just, and should be made, and I am of further opInion that it will be tke to the financial advantage of the City to make the settlement