08/07/1908 Board of Public Works Minutes

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201 Friday August 7th, 1908. The Board met in.regular session at 10-A. M. Mr. Papczynski absent. Petition filed for the establishment of grade on Dinan Court. Referred to Engr. City Controller instructed to collect the 1908 Franchise Tax of $500.00 from the South Bend Home Telephone Company. City Attorney asked to institute legal proceedings to compel the I. I. It I. y. Co to bring tracks to grade at Rupel and Werwinski streets and to plank crossings. City Attorney was instructed to bring suit against the New Jersey, Indiana & Tllin6is, the Grand Trunk Western and the Indiana, Illinois & Iowa Railroad Companies "or not complying with the order of the Board to plank their crossing over Olive and Sample streets. Hearing given on Assessment Rolls and final estimates for Brick Pavement onFord street from Scott street to Chapin street and for Grading onSt. Peter street from Cedar styeet'to Sorin street, under Improvement Resolutions Nos. 484 & 551 respectively. No further remonstrators appeared and no further remonstrances were filed. All other remonstrances were over -ruled. The Board therefore find that the property assessed in said rolls filed July 21st, 1908, is benefitted in the amount of assessments as'siidwn on said rolls, and the Board further find that the assessment rolls filed JIhly 21st `1905, and:the.final estimate allowed July 21st, 1908, should.be and the same are hereby in all things ratified, confirmed and approved. In the matter of the vacation of the first alley East of Main street between Tutt street and Sample street in the City of South Bend. To the Board of Public Works of the City of South Bend, Indiana: Tile undersigned, Fred Schafer and Albert Schafer, hereby represent to your Honorable Body, that on the 14th day of July, 1908, a final resolution was passed by Your body, vacating the first alley east of Msin street extending from Tutt street to the first alley south of Tutt street in the city of South Bend. The undersigned further represent that they were not made a party to said proceedings at the time of the pendency thereto; that they were owners in fee simple of the lot immediately abutting upon the south entrance of said alley; that they were allowed no d:s.mages for injuries suffered to said lot nor were they in any manner given an opportunity or notice to remonstrate against said proceedings; that on the 3rd day of August, 1905 they filed an appeal from the final action of this Board in such vacation, in the Circuit Court of St. Joseph County, which proceeding is now pending therein. The undersigned further represent that said proceedings as against themselves, is absolutely void and of no legal effect. They therefore pray your Honorable Body to take such steps as may be right -:and proper in the premises to properly protect their interestes effected by said vacation by way of revocation of said final resolution or such additional or supplemental prodeedings as may be necessitated. The undersigned further represent that they are advised by counsel that the proceedings as against themselves is void and of no effect and that the city of South Bend can be mandated to open up said alleym the said vacation proceedings notwithstanding The undersigned further ask that this instrument be considered and deemed a rem- onstrance against said proceedings and a request for the legal protection of their interests. Remonstrance placed on file. Signed Fred Schafer and Albert Schafer, by Harry R. Wair,AtSr President.