07/13/1921 Board of Public Works Minutes

Home Browse Search

- July 13th.9 1921. Board> met in regular session at 7:15 P.M. ]t, F.Rostiser absent. Hearing had'on resobttion No. 889 for the pavement on Emerie k Street from Creseent Avenue to the south line of Corby Street, in'the City of South Bend, Indiana , a Upon said hearing Attorney Hubbell appeared and filed written remon- strance for the Michigan Central Railway Company against said improvement, petitioners for said improvement were °present for pavement. And the Board being fuller advised in the premises, decides that the benefits to property liable to be assessed for said improv-ement are equal to the estimated cost of the same, as reported by the City Engineer, and thereupon, overruled written remonstrance filed and takes final action on said resolution as originally adopted, and the same is hereby in all things, ratified, eonir.ed and approved. Resolved further, that notices be published on -the 15th. day of July .1921 and on the 22nd. day of July 1921 in the South Bend News Times, a newspaper of general circulation in said City, stating that .this -Board will 'reeeive bids for' the construction of said improvement up to 10:00 A.M. August 2nd., 1921 The Board reserves, the right to reject any and all bids, COPY OF WRITTEN REMONSTRANCE FILED BY -ATTORNEY HUBBELL TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, I11DIgANA: IN THE MATTER OF THE IMPROVEMENT RESOLUTION NO. 889. ADOPTED JUNE 149 1921 to IMPROVE EMERICK STREET FROM .CRESENT AVENUE TO THE SOUTH LINE OF CORBY STREET. , Comes now the Michigan Central Railroad Company and shows that it is the owner of ,property on the west side -of said Emerick Street and abutting thereon, which is liable to be assessed for the proposed improvement; that it objects and remonstrates against said resolution and the.proposed improvement thereunder, for each of the following reasons: o 1. That said improvement is not required by the public needs. 2. That the cost of the proposed improvement.will be :excessive considering the character and value of the real estate to be assessed. 3. That the cost of the same will exceed the benefits to the real estate to be assessed. 4. That this Board has ho legal authority to order the same. 5. That the property owned by this remonstrant abutting on said street is used exclusively as a ri ht of way for the operation of its railroad - and that said real estate if not situated so thkt it can be used, or is dkt to be used for any other purpose. 6. That this remonstrant will receive no benefits thatever from said improve meat. - FILED MICAIGAN CENTRAL RAILROAD HUL. 13,1921. COMPANY BOARD OF PUBLIC WORKS BY S. C. HUBBELL BY G. A. ELLIOTT Its Attorney. President. Remonstrance over -culled July 13.,21 G. A. ELLIOTT Hearing hadon assessment roll and final estimate for pipe sewer on Fredelickson and Elmer Streetsq,ftom Olive Street to Lincoln Way West, under Improve- Mentz Resolution No. 793. IN the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remora- stranee was filed, The Board therefore find that the property assessed in said rolj file June 22nd. 1921 is benefitted in the amount of assessments as shown on said rolls and the Board further find that the assessment roll filed June°28nd. 1921 and the finaf estimat allowed June 21nd. 1921 should be and the same are hereby in all things, ratified, confirne' and.approved. t