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<br />if it be determined that the said City is benefited by the said sewer, accordigg to
<br />the manner and method prescribed bynlaw; all of which said property. bene fi ci ally af-
<br />fected•lies within the following described +.territory in the said City of South Benq
<br />St. Joseph County, state of Indi a,na,t owit :
<br />Beginning at the intersection of the northerly bank of the St. Joseph
<br />River and the center line of the first north and south alley west of Frances Street
<br />in said City; thence running north along the center line of said alley to the center
<br />of Division Street,; thence east along the center of Division Street to the center 1
<br />line of the Grand Trunk Western Railway Compyts Rights of.Way; thence easterly a-
<br />long the center line of said Railway' Company' s right of way to the center of Green -
<br />lawn Avenue; thence north along the. center of said Green -lawn Avenue. to the center of
<br />the road along the north line of Section 7 township 37 North, Range- 3 east; thence
<br />.east along the center of said road to the center of Nineteenth Street to a point
<br />one Hundred fifty (150) feet south .of the south line of Mishawaka Avenue; thence wet
<br />west parallel with and one hundred fifty (150) feet south of the south .line of said
<br />Mishawaka Avenue and Mishawaka Avenue produced to the easterly bank of the St. -
<br />Joseph River; thence Northwesterly following the easterly. bank of said river to a
<br />point in line with the center line of the first north and south alley west of
<br />Frances Street which point, is the place of beginning. And each piece of property in
<br />said district or, area, above described, including abutting property holders and the
<br />said City of South Bend, if the said city is benefited, shall be assessed,,as afore-
<br />said, to pay said excess of cost over and above what would be equivalent to the cost
<br />of a local sewer; all of which will more fully appear by reference tot he profile
<br />map,drawings and specifications now on file in t e office of the department of ,
<br />Public Works of said Cityy, which, among other things, gives the exact course of
<br />said proposed main sewer, overflows, and its appurtenances, and. the district, or
<br />area which may be injuriously or beneficially affected thereby, as shown by the
<br />heavy boundary' lines marked on said map and drawings, with proper words and figures
<br />written thereon, clearly indicating what said heavy boundary lines represent, and
<br />the district or area embraced. thereby. Assessments if deferred, are to be paid in
<br />ten equal annual .installments, with interest at the rate Of six per cent. per. annum.
<br />A bond or bonds shall be issued to the contractor in payment for said vb rk, unless
<br />the property owners pay said assessments before daid bond or bonds areissued . Under
<br />Under no circumstances shall the City of South Bend be or be held responsible for as[
<br />any sum or sums due from said property owner_ or owners for said work, or for the
<br />collection of the same, or for the payment of any bond, bonds, certificate or certi-
<br />ficates issued to said contractor -in payment . for such work, except for such moneys
<br />as shall have been actually received by said city from the assessments for such
<br />imp ro vement
<br />All proceedings had and work done in the construction of said main
<br />sewer and its appurtenances, manner of assessment of property, collection of assess-
<br />ments and issuance of bonds therefor, shall be as provided for in act of the
<br />General Assembly of the State of Indiana, entitled "An Act concerning mtLni eip al
<br />corporations, in matters pertaining to the construction, alteration and maintenance
<br />of public drains and sewers, providing for the construction,alteration and main
<br />t enance of such sewers and drains in such cities and within four miles thereof,
<br />also providing for the assessment of property specially benefited thereby for the
<br />payment thereof, in whole or in part, and for the collection of such assessments;
<br />repealing all laws and parts of laws in conflict therewith, and declaring an e-
<br />mergency, "approved March 63,1905, and all acts supp 1Ement ary and amendatory t he ret o
<br />passed by the General Assembly of the State of Indiana. Said Improvement Resolu-
<br />tion to be known as MISHAWAKA AVENUE TRUNK SEWER, under improvement Resolution
<br />No. 177,
<br />Notice of this resolution shall be published on the l8th. day of
<br />May -and on the 25th. day of May21912 in the South Bend Daily Times. This Board
<br />will give a hearing on this resolution at its office ir. the City Hall on the 14th.
<br />day Of June 1912 at 7: 45 P.M.
<br />-Adopted t hi s_ 17th. day of May,1912.
<br />BOARD OF PUBLIC WORKS.
<br />Atteat: -
<br />ARTHUR P. PERLEY,
<br />Crk.
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