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Authorizing the Board of Public Works to Require the Making of Private Connections with Sewer, Gas, Electric & Water Mains
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Authorizing the Board of Public Works to Require the Making of Private Connections with Sewer, Gas, Electric & Water Mains
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/13/1936
Ord-Res Number
3144-36
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ORDINANCE NO. <br />AN ORDINANCE AUTHORIZING THE BOARD OF PUBLIC WORKS <br />TO REQUIRE THE MAKING OF PRIVATE CONNECTIONS <br />WITH SEWER, GAS, ELECTRIC AND WATER <br />MAINS IN ADVANCE OF PERMUMT <br />BE IT ORbAINED by the Common Council of the City of South Bend, <br />Indiana: <br />Section I - That whenever the Board of Publiv Works or the Park <br />Board shall desire to improve any street, alley or other public <br />place by paving the same and shall have adopted a resolution to <br />that effect, the owners of the property abutting on such street, <br />alley or public place are hereby required to make private connec- <br />tions with the sewer, gas, electric and water mains on such street, <br />alley or public place. Such Board shall cause plans and speci- <br />fications to be prepared and placed on file with said Board showing <br />the number and location of such service pipe or private connections <br />which they may deem necessary to accomodate the abutting property <br />an4 shall designate the material to be used and the manner of <br />making such connections. Such owners of property are further <br />hereby required to replace or put in repair all existing service <br />connections for sewer, gas, electric and water upon proper written <br />notice from the City Engineer. The Board adopting such resolution <br />shall at once give notice by publication in a daily newspaper of <br />the -City for two successive days to the owners of such abutting <br />property to make such connections within twenty days from the last <br />publications of such notice. <br />Section II - On default of any of such owners to make any such <br />oonnions, the said Board of Public Works is hereby authorized <br />to cause such connections to be made, either by their own officers, <br />agents,;employees, or by contract; Provided, however, that when <br />in the opinion of the Board of Public Works, the making of oonn <br />eotions with mains of any public utility shall be attended with <br />danger, and that when other persons than such utility are unprepared <br />to do such work with safety, then the Board may let such contract <br />for making such connections to such utility for the actual cost of <br />making the same. The cost of making such connections shall be a <br />lien on the real estate of any such owners, and said Board shall <br />cause such cost to be assessed against such real estate. That the <br />.Board shall after the.completion of such work, cause an assessment <br />roll to be prepared which shall have set opposite each name and <br />description of property the assessment against each piece of property. <br />And the Board shall cause one notice of a hearing upon such assessment <br />roll to be published in a newspaper of general circulation in the <br />City stating that on a day named therein the Board will hear all <br />persons whose lands are affected by such assessments; the notice <br />shall also give the name and terminal of the street in which such <br />connections were made. And on the day fixed the Board shall re- <br />ceive and hear- =all remonstrances, and shall confirm or modify in <br />whole or in part such assessments. And thereafter a copy of such <br />roll shall be filed with the finance department and the County <br />Treasurer, acting as City Treasurer, shall receive and collect such <br />assessments. Such assessment shall be payable on or before thirty <br />days after the adoption of such assessment roll, and after which <br />same shall be delinquent, and the same shall be foreclosed by the <br />City Attorney, or by the attorney representing the person making <br />such connections, in the same manner as liens for street assess- <br />
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