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295
<br />Tuesday March Sth., 1921.`Continue`d
<br />and to the same extent, as local sewers, are paid for by them, under the Statues in such
<br />cases made_and provided.
<br />2. The excess of cost over.and above .what would be equivalent to the cost
<br />of a local -sewer,, if built along'against line, shall be assessed each piece of
<br />propperty in the district or. area to be drained and against the City , if it a determined
<br />that the said City, if .benefited by -the said sewer, accordingto the manner and method
<br />prescribed by law, all of which said property beneficially affected lies within the
<br />following described territory in the City of South Bend, County of St. Joseph ,_and State
<br />of Indiana,, to -wit:- Beginning at the intersection -of 4the east.line of 01'ive Street and the
<br />south line, -of the New.Jersayd , Indiana.& Illinois Ra.ilr®ad.; thence south an the east line
<br />of Olive St. 'to the east anwest center line of Sec.,15 Tp. 37 Y. R. 2 E. thence east
<br />24.4 ft. thence south to the -alley south of Indiana Avenue; thence east along said alley
<br />to the first alley east of Olive. S reet• thence south along said,illyy and said alley
<br />extended south to.the north line o� Pralri'e.Avenue ; thence northeasterly along the northerly
<br />line of Preirie'Avenue to the -center of Grant Street thence north al0n the center of
<br />Grant Street to the first alley north of Prairie Avenue. running east; hence east along
<br />said alley to he first alle east of rant St. thence north alon the alley east of Grant
<br />Street to the Re
<br />alley no th o Pra rie Avenue rtinnin east; thence east along the
<br />411yy north of Prairie Ave. to the center of Brookfield hreet; thencenorth along the
<br />center of Brookfield Street to the first alley north of Prairie Avenue running east; thence
<br />east along said alley to the first alle east of Brookfield Street; thence north along the
<br />alleyy east of Brookfield Street to a point 150 feet measured at right angles from the
<br />north line of Prairie Avenue; thence northeaster) parallel with and 150 feel at right 's
<br />an 11e's f om the norther) line of Prairie Avenue a the west line of to 21 Qhn A iweigart
<br />Re� at orf Geo. W. Swygar 's 3rd. Addition; thence north aloe the west line de sa
<br />21 to thefirst alley north of Prairie Avenue, id thence east a�ong'aaid aey to the center
<br />®f M n lia. Street• thence north along the center of Magnolia rest to the first alley
<br />nort goo Prairie Denue running east• thence east slog said a ey to the alleyy east o
<br />Magnolia Street; thence north alon.7 the alley east of gagnolia Street to the first
<br />alley north of Prairie Avenue running east; thence east alongsaid alley to the center of
<br />W lnut Street; thence north aloe the -center of Walnu#i St eeto the f'rst alley nor h
<br />oe Prairie Avenue runniusg east•hence east aloe said al ey to the alley east of Wa nut
<br />-
<br />o the ce nQrthh slog sic alley to the first alley north of Prairie Avenue running
<br />east; thence bast alon s§ia all; to the center of Swy art'Avenue; theneenorth along the
<br />center of Swy$$art Avenge to the f rst alley north of Prairie Avenue rennin eas; thnce
<br />e talon said wile o the First a e east of Sww�� artt Avenue•,_ thence no th'a ®n the
<br />a ey eas of Swygar� Avenue to the first alley north of Prairie Avenue running ea t;
<br />thence east along said alley to the center of Webster Street, thence northeasterly to a
<br />ppointt 78 feet south of the south east corner of lot 3 in Noland'a
<br />74 feet to the ss Addition, thence east
<br />205.05 feet; thence nouthwest corner of lot 9 Noland e Addition;
<br />thence east 90 feet to the southeast corner of said lot 91, thence north to the north line
<br />of lot B in Bazil Rupel's Addition; thence.east on the north line of paid let,B to a point
<br />100.02 feet west of the westerlyy line of Prairie Avenue; thence north. 481'/4 feet; thence
<br />east 70 feet; thence north to the north line of Indiana Avenue; thence east,onet;e north i
<br />line of Indiana Avenue 50 feet; thence north tto the south line. -of lot 1 2 Oliver s 2nd.
<br />A diitiion• the a east to ttalnuttStrieee eane oftsneanc lst't�,lthe%e nor 4 feet;thenpo
<br />west tothe aey east oft u y on sa a yto the a eynorth of I diana Avenue; ence west alcn saied a�ley to t e e st ine o lot 82 in John
<br />A. Swygart's Replat; thence,southalong tie east line of said let 82to the north line of
<br />IIn i A hue• t o ce s alon 'the north li a of- ndian enue to e w s kele,
<br />L ve A anion; hence n th a on�ai ea��e o`n h°off rs4 alleyyB 5e
<br />e orl o f ;yang venue thence we slog t of W nut tract h it t lle
<br />a t ggt eet t enc n th aeon fi st all w gg tt
<br />sou of sw �d our ; �s ce ea t a �n 1jaHto s tc 99fw8st d ta nu hen e`
<br />runn n nortft, t ence nor al ng sa y nor 1 ne swa ourt,
<br />a st tt th t line of 1 t 2g5 O1 ver s 8nd. Addiit n; the c north al¢n tthe west line.
<br />o sal to w2 the sou hh line © new J r , In al�i ois RailrKad• thence west
<br />� on the sane I?ne of sa d New Jerse��tt��� fn sna & I Nnao s ailroad to the lace o
<br />be nnin SAID IMPROVEMENT SHALL BE KNOWN AS THE INDIANA A_1TFNUE TRUiX SEWER
<br />FHM OLI STREET TO PRAIRIE AVENUE UNDER IMPROVEMENT RESOLUTION NO-853 in the City of
<br />South Ben , Indiana.
<br />And each piece of,property in said district or area above described
<br />includin abutting property holders and the said City of South Bend, if the fisa d City is bene-
<br />,fited , shall be assessed, as aforesaid, to pay said excess of cost overrand above what;
<br />would be equivalent to the cost of a local sewer; all of which will more Fully appeare bar
<br />reference to the profiles map, drawings and specifications now on file in,t e ffice
<br />of the Department of Publ1c Works of said City which, among other things,,gives the
<br />exact course of said pproposed main sewer overflows and its appurtenances, and the district
<br />or area which may be injuniousl or beneficially affected thereby as -shown by the heavy '
<br />boundary lines marked on map and drawings, with proper words and figures written thereen,
<br />eiearly3.ndicating what said heavy boundary lines represent, and the district or area
<br />embraced thereby. Assessments it defearedI are to be paid in ten equal annual install-
<br />ments with interest at the rate of six per cent per annum. A bond or bonds shall be
<br />issued to the contractor in payment for said work., unless the property owners pay said
<br />assessments before said bond or bonds are issued. Under no circumstances shall the City.of.
<br />South Bend be or be held responsible for any sum or sums due from said property owner or
<br />Owners for said work, Ior for the collection of the ame, or for the .payment of any bond,
<br />bonds, certificate or certificates issued to said contractor in payment for such work
<br />except for. such moneys as shall have been actually received by said City from the assess-.
<br />meats for such -improvements.
<br />All proeeedtngs had and work done in the construction of said main
<br />sewer and its appurtenances,.manner of assessment of property collection of ,assessments and
<br />issuance of bonds therefor, shall be as provided for in an Act of the General Assembly df -
<br />the State of Indiana, entitled " An Act Concerning Municipal Corporations, in matters perta.
<br />pertaining to the constitution alteration and maintenance of public drains and sewers, pro-
<br />viding for the construction, alteration and maintenance of such sewers and drains in such
<br />cities and within four miles thereof, also providing for the assessment of property speciall;
<br />benefittdd thereby for the payment thereof, in whole or in part, and for the collection,
<br />of such assessments, repealing all laws and parts of laws in conflict therewith, and
<br />declaring an emergency, approved March 6,1905 and all acts supplementary and amendatory
<br />thereto, passed by the General Assembly of the State.of Indiana.
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