11/17/1920 Board of Public Works Minutes

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W,0 Fearing had on assessment roll ;and final estmate for pavumtnt ea Donald Street from Michigan Street to Studebaker Park, under Improvement Resolution No. oil. In the City of South BoAd Indiana. ; In the above;mtter remonatrat:ors appeared but no written remonstrance:.. was filed. The Board therefore t ind that the property -assessed in said rot f iled November , rd. ,1920 is benef itterd in the amount of assessments' as shy -.on-s,sd said roll, and the ,Board further f ind that the assessment roll .f.i:led Nevolibir 3rd . 1.920 and the final eat imate allowedr November 3rd.101920 should be &,nd. the ai me are he"by in all trine~, rat if iod r confirmed and approved. . AppiIcation reeaivied from Ralph A. Newman for position as Building Commissioner; Snare read and p eoed-on F ile. Pet it ion received for sewer on South Chapin Street from W. Calvert Street to' W. Ewing Avenue. Same placed on file and 'to be taken up in.,Spring' 1921. Light ordered placed on North Emeriek Street about half way betweah Cresext Avinue`and Corby Street • 1 , Communication received from E. H. Potter Agt. New Yvrk Central Ry. Cs in regard to c ondit ion of Meade Street creasing,, Same read and placed on file. The follwftgg communication received from John A. Hibberd., rend and pladed on f ile. South Bend, Ind. Ne4. 17th. 1920 TO the Board of Public Works of the- City of South Bead, Indio- Ithaving come to my knowledge.that you have let a contract to ' Alexander Bucakewski to construct a grade, curb and walk on Oakland street in the City of South Bend, Indiana for the sum of $10017.539 I hereby notify you that I own all the property adjacent to the East side of the Street and I ccnstiuo the law to be that no Street in the City of South Bend can be improved where the cost Of the same is in excess of Fifty per cent of the assessed value of the property, _ ,oxclaaiva of improvements and Street intersect ions. In Wyur specifications, you have provided for openings for streets and alleys through my property; I da not desire these, as the twenty feet in width that, you condemned for Widening Oakland Street off of the whole of the west side of my land renders it two narrow now to plat into two tiers of lots,' and this compels me to make one tier ef' lots facing on Oakland Street of toe° mubh' depth 7to roilize the proper amount for them on s&,e of same. I am. therefore, compelled ; to -not plat the same, and to sell the, same in late by zet68 and b-ounds.,.Therefore, I shall not opex any Streets, *f L11eye through the same and do not want any openings loft for same and shall want -the sidewalk and curb to be continuous along the whole c of mq frontage an Oakland Street. This would mace the cost to be assessed against prsperty whom the same is done still more than the 50% of th¢ amount the prapert�y Is *asessed for taxation My interpretation is that the.law.requires a street to be paved at the time it is grad#d; I cannot fInd say repowl of this law and the Court has interpreted it in the case of Town of Jasper vs. Cassidy, 53 Appellate, pi age