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Ordinance Concerning Public Parks in City of South Bend
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Ordinance Concerning Public Parks in City of South Bend
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9/14/2015 2:33:15 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/27/1930
Ord-Res Number
2826-30
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• <br /> subsequently questioned bY any person except in a suit to enjoin <br /> the perfermasios of scab eentraet instituted within fifteen days <br /> from the execution thereof, and after fifteen days frost the execution <br /> of such coatract and all proceedings and orders of said board of <br /> park comaiseioners preliminary and prior to said contract shall be <br /> deemed valid, sioaclusivs and binding upon ell pelotas whomsoever <br /> and shall not thereafter be subject to attack fie r any causes The e <br /> amount of the benefits resulting to all preperty in any such city <br /> and said special tax shall tm levied only for such balance. <br /> 16, Upon final action of said board of park commissioners <br /> oonfirming said resolution in its original form, all property, real <br /> and personal located withinthe territorial limits of any such city <br /> shall be subject to a special tax for the purpose of providing funds <br /> to pay the total cost of acquiring said lands or of said work of <br /> construction, or both, including all necessary incidental expenses <br /> as hereinafter specified, which said special tax ts hereby declared <br /> to be and constitute the amount of benefits resulting to all of said <br /> property from such proceedings" and shall be levied as hereinafter <br /> provided.: Provided, however, That if said board shall determine that <br /> any lots or parcels of landetexclusive of improvements thereon, lying <br /> within two thousand (2,000) feet on either side of property to be <br /> acquired for such stork of construction or both, will incur a partic- <br /> ular benefit by reason of their proximity to said property to be <br /> aequind or such work of construction in addition to the benefits <br /> received by them in common with all ether property located in any <br /> snob city, such lots and parcels of land shall be subject to a special <br /> aseessment for such benefits, which special assessment shall be made <br /> and determined in accordance with following provisions of this act, <br /> but the total amount of such additional benefits assessed shall not <br /> in any case exceed twenty-five per cents (25%) of the total cost of <br /> Itequiring aid land or of said work of construction or both, and the <br /> total asecinxt of such additional benefits so assessed and finally <br /> confirmed or adjudged against lots end parcels of land, exclusive <br /> of improvements, lying within said two thousand (2,000) feet rie <br /> aforesaid, shall be deducted from the total cost of acquiring said <br /> new park laud or of said work of construction or both, and the balande <br /> of eath total cost as above defined shall thereupon be deemed. to be <br /> and constitute the amount of the benefits resulting to all property <br /> isnany such city and said special tax shell be levied only for such <br /> balance* <br /> II, When said resolution shall have been finally confirmed by <br /> said board, as hereinabove provided, said boards all cause to be <br /> ,prepared a list or roll of all the owners or holder/ of property sought <br /> it be taken, or which will be injuriously affected either by the appro- <br /> priation of such land or the construction of such work, and also all <br /> of the owners or holders of lots or parcels of land lying within two <br /> thousand (2,000) feet en either side of such land so as to be acquired <br /> for park or boulevard purposes or of such work of construction, or both, <br /> which will lama a particular benefit, as provided in section 16 by the <br /> acquiring, location, establishment, construction or improvement of any <br /> such park, plasgroend, parkway, pleasure driveway', boulevard, imrpovement <br /> pr structittes'as provided for in said resolution. In addition to such <br /> list or roll of names the sane shall show with renewable certainty <br /> a leseription of such property to be appropriated or affected either <br /> -13- <br />
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