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551
<br />STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 205.
<br />BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,
<br />]ST. JOSEPH COUNTY,STATE OF INDIANA, 'that it is desired and deemed necessary to improve J.
<br />the roadway of Michigan Avenue from Olive Street to a point 1436 ft. westerly from said
<br />Olive Street, by grading and paving the roadway to a uniform -width of twenty four (24)
<br />feet with gravel twelve (120) inches in depth in center and nine (90) inches on the sides,
<br />and constructing cement curb on both sides of the roadway, all as shown on plans, in
<br />accordance with profiles, details, drawings and specifications on. file in the office of the
<br />Department of Board of public works of said City, which are hereby adopted; and such
<br />improvement is now ordered.
<br />The. cost of the improvement herein provided for, except street and alley inter-
<br />sections., shall be paid by special assessment to be levied upon the property specially bene-
<br />fitted, to the amount that the same may be legally assessed therefor, in accordance- with
<br />an act of the General As som .y of the State of I ndi ana, entitled "An Act Concerning
<br />.Municipal Corporations,' approved March 6, 1905, and in accordance with and pursuant to the
<br />provisions of all acts amendatory and supplemental thereto.
<br />The cost of all street and alley intersections, including one-half of the width
<br />of the improvement opposite street and alleys which run into, but do not' cress said road-
<br />way herein proposed to be improved and that portion of such street sr alley abutting upon
<br />property belonging to said City, or upon property not subject to such assessment, shall be
<br />paid by the City in cash out of its general fund, if able to do so, or from a Rind cres*d
<br />by a special assessment to be levied under the provisions of Section 108 of the above
<br />entitled Act.
<br />Assessments, of ten do lars and -more against�..each lot, if deferred, are to be
<br />paid in ten equal annual installments, with interest at the rate of Six per scent per
<br />annum. A bond or bonds will be issued to the contractor to the amount of such deferred
<br />assessments in prorata payme t for such improvement.
<br />Under no circumstances shall the City of South Bend be, or be held,responsible.,
<br />for 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, certificates, issued to
<br />said contractor in payment for such work, except for such moneys -as shall have actually
<br />been received by the City from the assessments for such improvement, or such moneys as
<br />said City is by said entitled Act and amendments and supplements hereto required to apy.
<br />All proceedings had, and murk done in the making of said improvements, assessment,
<br />of property, collection of assessments and issuance of bonds therefor, shall be as provided
<br />for in said above entitled Act, and Acts amendatory thereof and supplemental thereto.
<br />BE IT FURTHER RESOLVED, That the Board of Public Works fix the 27th. day of
<br />September A.D. 1912 at the hour of 7:45 P.M. at the office of the Board of Public Works o
<br />of this City, as the time and place for the public consideration of said proposed impnmvene
<br />ment, at which said Board of Public Works will hear all persons interested,, or whose propert;
<br />is liable to be assessed for said improvement, and will decide whethe r the benefits,te the
<br />property liable to be assessed for said improvement will equal the estimated cost theitof,'
<br />BE IT FURTHEIZ RESOLVED, That notices of the time and place of said public
<br />consideration be published and mailed in the manner provided by law. Notice of thie`
<br />resolution shall be published' on the 29th. day of August, 1912 and on the 5th. day of
<br />September, 1912 in the South Bend Daily Times.
<br />Adopted this 28th. day of August,1912.
<br />President.
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