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v <br />STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 223. <br />Be it resolved by the Board of Public Works of the City of South Bend, <br />;t. Joseph County, State of Indian.a,that it is desired and deemed necessary to improve <br />SOUTH BEND AVENUE FROM EDDY STREET -TO TIE EASTERNCITY LIMITS, as follows,to-wit:- <br />By grading said South Bend Avenue from property line to property line <br />where not already improved,, and paving a strip of the roadway eighteen, (lg) feet wide <br />and seven (7) inches in depth with a Portland Cement Gravel Concrete Pavement. The con- <br />struction of cement curb on, both sides of tine roadway where not already constructed, plae- <br />ing the necessary marginal cement curb andthe construction of the necessary storm water <br />inlets. All as shown on the plans, and in accordance'with the profiles, detail drawings <br />and specifications on file in the office of the Depart ent of Public Works of said City. <br />And such improvement is now ordered. <br />The cost of the improvement herein provided fortexcept except street and alley <br />intersections, shall be paid by special assessment to be levied upon the property specially <br />benefitted, to the amount that the same may be legally assessed therefor, in accordance <br />with an Act of the General Assembly if the State of Indiana, 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 <br />width of the improvement opposite street and alleys which run into, but do not cross said <br />roadway herein proposed to be improved and that portion of such street or alley abutting <br />upon property belonging to said City, or upon property not subject to such assessment, <br />sall be paid by the City in cash out of its general fund, if able to do so, or from a <br />fund created by a special assessments to be levied under the provisions of Section 109 of <br />the above entitled Act. <br />Assessments of ten ddllars and more against each lot, if deferred , are <br />to be padd in ten equal annual installments, with interest at the rate of Sig per cent per <br />annum. A Bond or bonds will be issued to the contractor to the amount of such deferred <br />assessments in pro rate payment for such improvement. <br />Under no circumstances shall the City of South Bend be, or be held <br />responsible for any sum or sums due from said property owner or owners for said work, or <br />for said work, or for the collection f the same, or for the payment of any bond, bonds, <br />certificate or certificates, issued to said cont ractor in payment for such work , except <br />for such moneys as shall have actually been received by the City from the assessments for <br />such improvement; or such moneys as said City is by said entitled Act and amendments and <br />supplements thereto regired to pay.. All proceedings had, and work done in the making of <br />said improvement, assessment of property, collection of assessments and issuance of bonds, <br />therefor, shall be as provided for in said above entitled Act, and Acts amendatory thereof <br />and supplemental thereto. <br />BE IT FURTHER RESOLVED, That the Board of Public forks fix the 2Sth. day <br />March A.D. 19132 at the hour of 7:45 P.I. at the office of the Board of Public Works, of <br />this, as the time and place for the public consideration of said proposed improvement, at <br />which said Board of Public Torks, will hear all persons interested, or whose property is <br />liable to be assessed for said improvement, and will decide whether the benefits to the <br />property liable to be assessed for said improvement will equal the estimated cost thereof. <br />BE IT FURTHER RESOLVED, That notice of the time and place of such public <br />consideration be published and mailed in t e manner provided by law. Notice od this resol- <br />ution shall be published on the 14th. day of February 1913 and on the 21st. day of February) <br />1913 in the South Bend Daily Times. <br />Adopted this llth. day of February,191'75. <br />BOARD OF PUBLIC WORKS. <br />