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HomeMy WebLinkAbout06/13/1928 Board of Public Works Minutes• • • • V 0 ednesday Evening, June I3th. 1928. Board, met in regular session. at.. 7-I5:_ P. IT. di t y gins er , H. G. Wra r , pb a sntit . _ City Engineer, TI. G. Wray, filed plans, specifications and estimates and the Board adopted said plans and specifications together with the following Improvement Resolutions: Improvement Resolution No.2089 for the construction of a local sewer in Hildredth Street from Clover Street to a point 220 feet west. (See files. for copy of resolution.) Improvement Resolution No.2090 for the construction of a l ocal serer in Huey Street between the alley 3soutn of Frederickson Street .and Mwood AAvenue. (see files for copy of resolution.) ii In both of the above named improvement resolutions, the Board., hereby orders that on the 27th. , day of June, 1928, this Board will meet in their office in the City Hall at 7-I5 P. to hear and receive remonstrances from all persons i interested or .-hose property is or will be affected by the proposed improvements, ! i, tt on the question as to whether the special benefits that will acernu o he property _ u _. to be a se ess - ed abutting on the line of such proposed. sewer or drain will be equal to the estimated cost of.the improvements. The Board further orders that notices of it said hearings shall be published on the I5th. day of June and on the 22nd. , day of June, 1928, in the South Bend News limes and Tribune. ii City 4igineer, H. G. (fray, filed plans, specifications and estimate and the Board adopted said plans, specifications and Improvement Resolution No.2092 in complianee with a petition filed by more than 55% of the lot oamers,in Lincoln Manor l Lincoln Highway Addition, and Lot 3i, St, 33 and 34 in Haley's Second Lincoln Highway Addition for pavement in &.aid additions. (See files for copy of resolution and petitions.) In the above named improvement resolution No.2092, the Board hereby orders that on the 20th., day of June, I928, this Board will meet in their office in the City Hall at 7-I5 P. 1%, to hear and receive remonstrances from all persons whose property is liable to be assessed for said improvement and will decide whether the benefits to the several lots and parcels of land liable to be assessed for said. immprovement will be equal to the estimated cost of same as reported by the City Engineer. The Board further orders that nnti ce of said hearing shall be published on the I4th. , day of June, I928, in the South Bend News Times and Tribune according to law. City Engineer, H. G. Vray, filed plans, specifications and estimates and the Board adopt ed sai d plans, aril ,.8obeificati ons together with the following Improvement Resolutions: it ii Improvement ``esolut ion No.209I for the pavement of the alley west 11 of Forest Avenue from Portage Avenue to a point 6.4' feet north of the north line of the first alley south of Riverside Dime. (See files for copy of resolution,) ' Improvement Resolution No.2093 for the pavement of the north onehalf of Ford Street from the eas t' line of Iake Street to the west line of Iowa. Street, ( See files for copy of resolution.) �! Improvement Resolet ion No.2094 for the pavement of the south onehalf. . of °iestmoor Street from the west line of Olive Street to the east line of Lincoln Manor Third "ddition. (See files for copy of resolution.) Improvement Resolution No.2095 for the pavement of the east one half of Lake Street from the south line of Division Street to the north line of Ford Street. (See files for copy of resolution.) In all of the above named improvement Resolutions, the Board hereby orders that on the 25th. , day of July, I928, this Board will meet in their office in the City Hall at 7-I5 P. Ms., to hear and receive remonstrances from all persons whose property is liable to be assessed for said improvements and will decide whether the bee fits totheseReral lots and pareels of land liable to be assessed for aid improvements will equal the estimated costs of same as reported by the City gineer. The Board furthe orders that notices of said hearings shall be published on the 6th. , day of July and on the I3th. , - day of July, I92-, in the South Bend News Times and Tribune and that natiees be-maileg to poperty owners according to law. i City engineer, H. G. 'gray, filed primary assessement .roll for the (� pa: vement of McKinley Avenue from Freenlawn Avenue to 22nd . , "treet under Improvement i Resolution No.I923 and the Board adopted same. In the matter of said primary assessment roll, the Board hereby crrders that on the 20th., day of June, 1928, this Board will meet in their office in the City Hall at 7-I5 P. V., to hear and receive remonstrances; from all persons whose prop, erty has been assessed f or said improvement and will decide whether the several lots and parcels fof land have been or will be benefited in the 1 amounts shown on said assessment roll or in a greater of less sum than that shown on said roll. The Board further orders that notices of said hearing on assessments shall'] be published in the South Bend News Times and Tribune on the I5th. day of June and on the I6th. , day of June, I928 , according to law. it I. 0)0 tednesday, June 13th. , 1928. Petition was filed by Vincent P. Bendix and George Y. &tudebaker Jr. , asking permission to erect a retaining wall w;thin 6 inches of the side walk along their property on the easterly side of EstherStreet', which retitionil is in words and figures as follows, to wit; "To the Honorable Board of Public Works Of the City of South Bend, Indiana. Petition of Bendix Realty Company and George Y. Studebaker Jr. for Permission to erect and maintain a retaining wall on the east side of Esther Street, between Jefferson Blvd., and Colfax Avenue. The undersigned respectfully represent that they are the owners of all the land fronting on the East side of Esther Street, between Jefferson Blvd,., and Colfax Avenue, that Esthester Street has been graded and paved, and sidewalks and curbs constructed on the east side thereof, between the points aforesaid; that the elevation of the ground ow red by your petitioners is approxirn, tely 5f#et above the level of said street; that many valuable and thriving shrubs and ornamental trees are staAding on said land, at the property line along rather street, and as a result of the grading of said street many of them have been undermined, and unless protected by a retaining wall, will be distroyed. That the distance between the sidewalk and the property line is 24"; that a retaining mall 3-it high can be con- structed 61t thside of the sidewalk, which will retain the soil and w event further - erosion, and thereby save all the ornamental trees and shrubs aforesaid. It ' Your peti.ttaners, therefore, respectfully request permission to erect and rainta.in a retaining wall 3-t in height, the outer face of which ,will be 6" inside of the sidewalk along the east side of Esther Streets and j extending from Jefferson Boulevard to Colfax Avenue, with openings for any ii intervening public alley. Respectfully submitted, Bendix Realty �o. By Herbert Sharlock, Vice*Pres. George Y. Studebaker Jr." The petition as well as oral statements on the Tart of the petitioners were heard and considered and the Board was of the opinion that the prayer of -the petition should be granted subject to reversion. The Board, therefore, authorized the construction of a wall, as requested in the petition, along the easterly side of Esther Street upon the condition, however, that the City retain the right to request the removal of said wall at any time and the uetitioners and their successors in the title agreed that this permission on the -art of the City shall not estop the City from requesting the removal of said wall out of said part of said street at any future date' on which it may see fit and they will forthwith upon such request remove the same. In the matter . of Improvement Resolution No.2060 for the widening, pavement, resurfacing and construction of lighting system on Viami Street from the southerly curb line of Lincoln nay East to the north curb line of Ewing Avenue, except a portion from the south line of the first alley south of Lincoln Way Fast, produced, to the south line of Pennsylvania Avenue, -croduced, the Board ire orders that on the 26th., day of June, I928, this Board will receive, open . i` and consider sealed proposals for the construction of said improvement up to I0:00 A. 74% The Board further orders that notices of said proposals shall be published in the South Bend News Times and Tribune on the I5th. , day of June and on the 22nd. ,, day of June, I928, according to law. The:Board adopted the following Resolution together with estimates on same: Improvement Resolution No.1774A. Proceedings Supplementary to Resolutio# No.I774 with reference to Trunk and Sub -Trunk Sewer Improvements. No.1774A. Whereas., Proceedings have heretofore been had by this Board under Resolution No.I774, for the construction of the so-called Northwest trunk Sewer System in this city, and herens, Contract has been let and construction work has been started under said Resolution as later confirmed, and said wore is noon 0 0 0 • LJ 0 101 Vednesday, June 13th. , 1928. .Process, and Whereas, Slight changes have been made in the course of said sewer, �i all with the consent of the contractor, and ?Whereas, It has come to the attention of this Board that said ::Resolution and subsequent proceedings thereunder may have been defective in that certain • ;portions of the sewer described in said resolution were not in terms described as sub - trunks collateral to the main trunk, and the boundary tine of the districts or areas to be drained by said sub -trunks and to be assessed therefor were not specifically set is ;forth and described in said Resoluti on and subsequent proceedings thereunder, and -- Whereas, The sewer now in course of construction dra3.ne exactly :the same area or district and affects the same property and none other, or less,, than • 'that described in said . Resolution No. I774, and ?Whereas, No objection has at any time been made to the construction of such sub -trunks, and work of constructing same is now in process, now Therefore, For the purpose of correctly describing the. course of said seer as slightly changed as aforesaid, and for the purpose of correctly describing the boundary lines of the districts or areas to be drained by said sub -trunks and to be • a-sssssed therefor, and for the purpose of eorrect3ng or supplying any such. defect in i i . said Resolution No.I774 and proceedings subsequent thereto, all An conformity with the 11 - :provisions of Section I0569 Burns' Revised Statutes 1926, be it Resolved, That the following further Resolutions and proceedings be had to supply or correct any such defect, as above set forth, Resolved, By the. Board of Public &Works of the City of South Bend, • St. `' Joseph County, Indiana, that it is desired and deemed necessary to construct a ; trunk sewer all in- the said city, which from its size and character is not only intended and adapted for use by property ovrners whose property abut along the line of said sewer, but is also intended and adapted for receiving sewage from collateral drains already constructed or which may be hereafter constructed along the line of ssaeh main or trunk sewer. Also that it is desired and deemed necessary to construct three trunk sewer, • which are sub -trunk sewers to said above mentioned trunk sewer and collateral thereto, all in said city, which from their respective size and hharacter are not only intended a and adapted for use by property owners whose property abut along the line of such respective sub -trunks sewers, but are also intended and adapted for receiving sewage :from collateral drains already constructed, or which may hereafter be constructed along the lines of such sub -trunk sewers as hereinbelow set out, and the said main trunk sewer, . and the said three subtrunk sewers are hereby ordered constructed in and along the lines in said city hereinbelow set out, towit:- ' Beginning at a point in the center line of VcCartney Street where . said center line intersects the center line of Allen Street; thence east along the center :line of McCartney Street -produced east, to the St. Stseph River with a ninety -..six (961T) circular sewer. also, beginninp, at a point in the centerline of VTe'Cartney.Street, where said center line intersects the center line of Allen Street; thence west along ;the center line of McCartney Street four hundred feet (4001) , with a ninety-six , (9611) F 102 Wednesday '7vening, June 'T3th. , 1928,; inch circular sewer; thence along a curve to the left with a radius of sixty feet (60j') and an angle of intersection of ninety degrees (90 ) , ninetyQfour and twenty-five one hundredths feet (94.251) to a point in the center line of Blaine Avenue with a ninety-six inch (96") circular sewer, thence south along the center line of Blaine Avenue, three hundred and seventy-seven and twelve one -hundredths feet (377.I21) ; thence along a curve to the right with a radius of sixty feet (60t) ; and an angle of in uersection. of ninety degrees (90 ); ninety-four and twenty-five Qne-hundredths feet. (94,251) to a j point in the center line of Elwood Avenue, with a ninety-six inch (96") circular sewer; thence west along the center line of Elwood Avenue to a point in the center line of Portage Avenue where said center line intersecta the center line of Elwood Avenue i` with a•ninety-six inch (96") circular sewer, thence west along the centerline of i, ' •Elwood venue to a point sixty feet (601) east of -the intersection of the said center -line of Elwood Avenue with the center line of Huey Street, with a ninety inch (90") !; circular s ewer; . thence along a curve to the left with a radius of sixty �eet (60 t) and' 1 and angle of intersection of ninety degrees (90 ), ninety-four and twenty- five one - hundredths feet (949251) to a point in the,center line of Huey Street sixty feet (60 1) south of the center line of Elwood Avenue with an eighty-four inch (84") circular • 'i i sewer; thence s oath along the center line of Huey Street to a roint in the center line of Lincoln TVap West where said center line of Lincoln Way West intersects the center line of Hue* Street with an eighty-four inch (84") circular sewer, thence south four hundred and ninety-eight and fifty-three one- hundredths .feet (498.531) to a point in the center line of Prast Street whey-� said center line of Prast Street intersects the center line of Huey Street with a seventy-eight inch (7811) circular sewer, thence • south along the center line- of Huey Street to a point sixty :feet (601) north of the ir intersection of the center line of Huey Street with the center line of the Ist. , alley.. south of Frederickson Street; thence along a curve to the right with a radius of sixty! i' feet (60t) and an angle of intersection of ninety degrees (90°), ninety-four and twenty-five one -hundredths feet (94.251) to a point in the center line of the. first 11 alley south of Frederic'son Street with a seventy-eight inch (78") circular sewer; Frederickson ' thence crest along the center line of the first alley south of Street to �I a point of intersection with the center line of Olive Street with a seventy-eight (.78") circular sewer; thence northwesterly to a point in the center line of Westmoor Street one hundred eighty-three and forty-five one hundredths (I83.451) feet westerly from the noint of intersection of the center line of Westmoor Street and Olive Street; with !; I a seventy-eight inch (78") circular sewer; thence westerly along the center line of r i' Westmoor Street and the tenter line of Westmoor Street produced to a ?point twelve 1' hundred fifty-two feet (I2521) east of the west line of Section 4, Township 37 North, 1; Range 2 East, with a seventy-eight inch (78") circular sewer; thence to the left on ?I a curve with a radius of ninety feet (901) and an angle of intersection of ninety !i i, degrees (901), a distance of one hundred forty-one and thirty-seven one hundredths feet (141.371) to a point on a line eleven hundred sixty-two feet (II62.0' )_.from the ' west line of Section 4, Township 37 North, Range 2East, with a seventy-eight inch l it I (78") circular sewer; thence south on* a line eleven hundred sixty-two feet (II621) ' Wednesday �.�vening June I3th. , 1928. 103 • • from the west line of Section 4, `:township 37 North, .Range 2 East, _ and parallel thereto eight hundred forty-eight and eighty-seven one -hundredths (848.871) feet to" a point with a seventy-eight inch (78") circular sewer; thence still south along the said line to a point in the south line of Section 4, Township 37 North, Range 2 East, which point is also in the center line of Kenmore Street, 5,°rith a seventy -tiro inch (7211) circular sewer; thence south along the center line of Kenmore Street to its intersection with the center line -of i'lashington Street with a seventy-two inch (72") circular sewer; thence south along the center line of Kenmore Street to a point thirty feet (30 1 ) north of the center line of. Ford Street; thence to the right on a curve with a thirty foot (301) radius and an angle of intersection of ninety degrees (90°) to a point in th center line of Ford Street thirty feet .(30 1) west of the. eenter line of Kenmore Street with a forty-two inch (4211) circular sewer; thence west al(;ng the center_ line of Ford Street to a point thirty. feet (301) east of the center line of Sheridan_ Street, with a forty-two inch (42") circular sewer; ' thence wrest along the..c enter line of Ford Street to the center line of 'Gladstone Street with a thirty .inch (3011) circular sewer, together crith the necessary manholes, outlet structure* junction cha_rber, storm water inlets, conduits, and house connections to the curb line along the line of said improvement, • and to be built in accordance with the profile, specifications, detail clans ma and _ p estimates now on filed in the office of the department of Public k4orks of . said city, which include an estimate of the rroportion that the cost of an adequate local sewer, built along the above line, bears to the cost of the main see*rer, _to be built as .follows: The cost of an adequate local sewer, built along the line above described, is hereby estimated and fixed to be eight per cent (8%) of the cost "'of • !. the main sewer to be built along said line as above set forth, which proportion as herein estimated and fixed, shall be taken and adopted in all computaions requiring a icnowledge of the cost of such local sewer if built along the line where the main s ewer is to be built. The cost of the construction of said sewer shall be divided as follows: (I) 8o much of such cost as shall be equivalent to . the c onstructio of an adequate local sewer not adapted to receive sewage from collateral drains or • sewers, if built along the proposed lines as hereinbefore set forth, shall be paid for by the abutting property holders and by the city of South Bend --,,if it be determined tha the said city is benefited by the said sewer, in the same manner and to the same extent air local sewers are -oa'd for by them, under the statute in such cases .made and -provided. (2) The excess of cost, over and above..what.would be equivalent to the cost of a local sewer, if built along said line, shall be assessed against each • piece of property in the district or area to be drained, and against the city, if at be determined that the said city is' benefited by the said sewer, according to the marine ii and method prescribed by law; all of which said property beneficially affected Ue within the following described territory in the city of South Bend, St. Joseph County, State of Indiana, to -wit: Beginning at a point in the center line of Blaine Avenue, where the center line of the alley south of Kinyon Street intersects the same, thence north i ►r 10 Ited.nesday, June 13th. , 1928. enue to the north line of the south one-half along the center line of Blaine av{z) ,' of the south one-half (2) of Section 35, Township 38 North, Lange 2 East, thence west �. aloe the north line..of the •south one-half O of the south one-half (l) of erection Itoie west ling of Section 35 T �mship 38 North, tinge 2 past, 35, Township 38 l�Iorth, tinge 2 Last, thence still west along the north line of the. south one-half () of the south one-half {) of Section 34, Township 3$ North, Range;' 2 East, to the inttrsection of the -east line of the west nne-half . (n.) of the south- • weat one-ouarter of Section 34 Township 38 North, Range 2 East, thence north along the east line of the west one-half () of the southwest one -quarter (4) of Section 34, Township 38 North, Range 2 East, to the east and west center line..Of Section 34, Township 38 North, Range 2 .Fast, thence west along the eakt and west center line of Section 34, Township 38 North, Range 2 East, to the west line of Section 34, Township 38 North, Range 2 East, thence still west along the east and • west centerline of Section 33, Township 38 North, Range 2 East, to the.east line of the west one-half (2) of the west one-half (1) of Section 33, Township 38 North, Range 2 East, thence south along the east line of the west one-half PH of the wrest one-half O of Section 33, Township 38 North, Range 2 East, to the south.line of Section 33, Township 38 North, Range 2 East, thence still south along the east line of the west one-half (1) of the west one-half () of Section 4, Township 37 North R E _ • Range 2 East, to the south line of Section 4, Township 37 North, tinge 2 ast, thence still south along the east line of the west one-half (1) of the west one-half" (1) of Section 9, Township 37 North, Range 2 Last to the south line of said Section 9, thence south along the east line of the west nne-half (2} of the west one-half (�} of Section 16, Township 37 North, Range 2 East, to the north line of the sough one half (1) of the south one-half (D of Section I6, Township 37 North, Range 2 • East, thence east along the north line of the south one-half (2) of the south. one-half t1) of Section I6, Township 37 North, Range 2 East, to the north and south center line of Section I69 Township 37 North, Range 2 East, thence .south .along the north and south center line of Section 16, Township 37 North, Range 2 East, to the south line of Section 16, Township 37 North, Range .2 East, thence east along the south line off' Section I6, Township 37 North, Range 2 East, to a point two hundred feet • ( 200') west, of..the- .southeast corner of section. I6, Township 37 North, Range 2 East, thence south on a line parallel to and two hundred feet (2001) west of.. the .east line of Section 21, Township 37 North, Range 2 East, two hundred feet (200' ),.thence east on a line parallel to and two hundred feet (200 t) south of the north line of Section 2I, Townbh.ip 37 North, Range 2 East, to the east line of Section 2I, Town - sip 37 North, Range 2 East, thence still east along a line parallel to and two hundred feet (200t) south of the north line of Section 22, Township 37 North,_.Range'j; 2 East, to the east line of the west one-half (2) of the west one-half ( 2) of Section 22, Township 37 North, Range 2 East, thence north alox.g the east line of the west one-half (2) of the west one-half (1) of Section 22, Township. 37. North, Range 2 East, to the south lineof Section I5, `Township 37 North, Range 2 East, thence still north along the east line of the west one-half of the west one-half North, R a 2 East to the south property line • (1 } of section I5, Township 37 Range ; 9f Chicago, Indiana and Southern Railroad right-of-wy.,,_.thence northeasterly along i li d`ednesday, June r3th. , 1928. 105 • • 0 south property line of the Chicago, Indiana and -Southern Railroad right -of- way to the north and south center line of Section 15, Township 37 North, Range_ 2 East, . thence north along the north and south center line of.Section L5, 'Township 37 North, Range 2 Feast, to the north line of Section I5, Township 37,North, Range 2 a.st, thence west along the north line of Section 15, township 37 North, Range 2 Fast', to a point where the center line of the alley west of Anthony Street intersects said line, thence north along the center line of the alley west of Anthony Street to the centdr line of the first alley north of Division Strreet , thence east along the c ente Line of the ?trst alley north of Divis ion Street to the center line of the alley first east. of Anthony Street, thence north along tho center line of first alley eatt of Anthony Street to the north property line of the Lake Shore and 3iiehiga.n. southern Railroad .right-of-way, thence north-westerly along the north property line of the Lake Shore and Mchigan • Southern Railroad right-of-way to a point which is one hundred sixty- seven feet (I671) due west of the west line of -bendix Drive, thence_ north parallel, to .and one hundred sixty-seven feet (I67f) west of the west line of Bendix Drive to a. point which , is one hundred thirty-five feet (I351) north of the north line of Bertrand Street., thence east parallel to and one hundred thirty five feet tI351) north of the north line of Bertrand Street to the center line of i,'eade 'street, thence still_ east along the center line of the first alley north of Bertrand Street to the center 1_ine of Tremont, Street, thence north along the center line of Tremont Street and the center line of Fremont Street produced to the intersection of the center of the first alley south of Frederickson Street and east of Olive Street, produced west, thence east along said line to the center line of the first alley east of Huey 6treet, thence north along • the cente7-, line of the first alley east of Huey atreet to the center line of Trast Street, thence west along the center line of ''Irast Street to the intersection of the center line of the first alley east of Huey Street and north of Lincoln Jay West produced south to the center line of Prast Street; thence north along said line to the center line of Vassar Avenue, thence east along the center line of Vassar Avenue, to the west -nr.o-erty line of the Chicago, Indiana and Jouthern "ailroad right-of-way, ithence northeasterly along the west property line of the Chicago, Indiana and Aouthern Railroad right-of-way to the south line of Section 35, `township 38 North, Range 2 East, thence east along the south line of 6edtion 35, Township 38 North, range 2 Fast, to the west bank of the St. Joseph River, thence northeasterly along saidx of the St. Joseph .River to the intersection of the center line of the alley south of Kinyon''Otreet produced east to said ban%c, thence west along the center line of the alley south of • T,rinyon Street produced east to said bank, to the center line of Blaine 'venue, which point is the place of beginning. And each piece of property in said district or area above described, including abutting -oroperty holders and the city of South Bend, i4 the said city is benefited, shall be assessed, as aforesaid, to tay said excess of cost over and above what would be equivalent to the cost of a local sewer; all of which will more fully Sappear b_r reference to the profile, map, drawings and specifications. now on file in the. office of the Department of I'ablic Works of ,said city, which, among other thingsrp give the exact course of said proposed main sewer, overflows, and its appurtenances, 10 Nednesday, June 13th. , 192 8. and the district or area which may be injuriously or beneficiall,# affected thereby,, as shown by heavy boundary lines .marked on said. map and drawings, with proper words and figures written thereon, clear indicating what said heavy boundary lines rep.,oresent, and the district or area embraced thereby. Assessments, if deferred, are to be paid in ten equal annual installments, with interest at the rate of six per cent per annum. bond or bonds shall be issued to the contractor in payment for said work, unless the ;property owners pay said '.assessments before said bond or bond_s.are issued. Under no circumstances shall the city of South Bend be or be held responsible for any sum or i sums due from said p roperty owner or owners f or said w ork, o r f or the c oll ection of the same, or for the payment of any bond, bonds�certifidate or certificates issued to aaid contractor in payment for such work, except for such moneys as shall have been actually'. received - by said city from the assessments for such improvement. All proceedings had a --.-id work done in the construction of said main sewer and its appurtenances, manner of assessment of property, collection of assessments and issuance of bonds therefor shall be as provided for in an act of the general assembly of the state of Indiana,. entitled "An Act concerning municipal corpor- ations," approved Miarch 6th._, I905. -The estimated cost of said sewer, including the cost of the sub -trunk sewers hereinafter described is $I,738,086.23. ALSO SUB -TRUNK NO.I beginning at a manhole at the inter- section of the center line of Kenmore street and the center line of Ford Street, thence'" east along the center line of Ford Street thirteen hundred twenty-four feet (13241), with a renty-four inch (2411) circular sews; thence still east along the center line of said ford Street nine hundred eighty feet (9801) to the center line of Tiberty Street with an eighteen inch (I8") circular sewer, together with the necessary manholes, storm water inlets, conduits, and house connections to the curb line along the line of said imrrovement, and to be built in accordande with the profile, specifications, detail plans, map and estimates now on file in the of the department of Public Works of said city, which include an estimate of the proportion that the cost of an adequate local sewer, built along the above line, bears to the cost of the main sewer, to be built as follows: The cost of an adequate local sewer, built along the line above described, is hereby estimated and fixed to be percent of the cost of the main sewer to be built along said line above as set forth, which proportion, as herein estimated and fixed, shall be taken and adopted in all computations requiring.4 knowledge of the cost of such local sewer if built along the lini where the main sewer is to be built. The cost of the construction of said sewer shall be divided as follows: (I) Jo much of such cost as shall be equivalent to the construction of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the proposed lines as hereinbefore set forth, shall be 'Daid for by the abutting property holders and by the city of South Bend, if it be determined that the said City is benefited by the said sewer, in the same manner and to the same extent as local sewer5are paid for by them, under the statute in such cases made and provided, • • 0 • • • • 107 '1ednes day, June 1,�th. , 1928. (2 (2)'The excess of cost, over and above what would be equivalent; to the cost of a local sewer, if built alo-,g said line, shall be assessed against each a �I piece of property in the district or area to be dralned, and against the citym if it be j! i determined that the said c ty is benefited by the said sewer, according to the manner ; and method -_prescribed by law; all of which said property beneficially affected lies with in the following described terribory in the city of South Bend, fit. Joseph bounty, State; of Indiana, to -wit: Beginning at the intersection of the center line of the Cirst alley south of Division Street and the west line of ''ection 10, Township 37 North, Rangej! 2 East; thence east along the center line of said alley to the center line of the first alley east of hibert)r Street; thence south along the center line of the first alley << east of Liberty Street to the center line of the first alley north of Sample Street; ,I thence west along the center line of the first alley north of Sample Street to the I north and south center line of the east one-half (2} of Section 9, lo�wnslip 37 North, East; thence north along the north and south center line of the east one half Range 2 (M of said Section 9, to the south line of Ford Street, thence west along the south line of Ford Street produced to thy: center line of Kenmore Street; thence north along the center line of ennore Street to the north line of Ford Street; thence east along the north line of Ford Street to the north and south center line of the east one-half (} of said Section 9, to the center line of the first alley south of Division Street; thence east along the center line of the first alley south of Division 11treet and said center • line produced to the nl ace of beginning. And each piece of property is said destriet or area above describ ed, including abutting property holders and and the city of South Bendp if the said cit is benefited, shall be assessed, as aforesaid, to pay such excess of cost over and above what would be equivalent to the cost of a local sewer; all of which will more fully appear by reference to the profile, map, drawings, and specifications now on file in thal office of the denartment of Public Works of said city, which among other things, give I� the exact course of said proposed main sewer, overflows, and its appurtenances, and •the district or area which may be injuriously or beneficially affected thereby, as shoe by heavy boundary line marked on said map and drawings, with proper words and figures written thereon, clear indicating what said heavy boundary lines represent, and the I V district or area embraced thereby. Assessments, if deferred, are to be paid in ten ' �I annualA installments, with interest at the rate of six nereent per annum. A bond or bonds shall be issued to the contractor in ^ayment for said work, unless the property iowners pay said assessments before said bond or bonds are issued. Under no circumstances`. shall the city of South Bend be or be held responsible for any sum or sums due from sai4 property owner or o urners fBr said work, or for the collection of the same, or for the payment of any bond or bonds, certificate or certificates issued to said contractor in payment frr such work, except for such moneys as shall have been actually received by said city from the assessments for such improvement. All proceedings had and work done in the construction of.said I main sewer, and its appurtenances, manner of assessment of property, collection of 'j assessments and issuance of bonds therefor shall be as_.provided for in an act of Vednesday, June 13th. , 1928. the General Assembly of the State of Indiam, entitled "An het concering Ytnicipal Corporat ions, rr approved March Gth. , 1905. The estimated cost of sub trunk No.I is �28,5I0.©C. 1U/ glso Sub Trunk No.2 . beginning at a manhole in the center line of m*lashington Street and center line of zlenmore Street; thence west along the center line of "7ashington Street eleven hundred sixty two feet (II621) • with a thirty inch (3011) circular sewer, together with the necessary manhole's, storm grater inlets, conduits , and house connections to the curb line along the line of said improvement, and to be built in accordance with the profile, specifi- cations, detail plans, map and estimates now on file in the office of the dep:.rt- ment of Public Works of said City, which include an estimate of the proportion that the cost of an adequate local sewer, built along the above line, bears to the cost • of the main sewer, to be built as follows: The cost of an adequate local sewer, built along the line above described, is hereby estimated and fixed to be percent of the cost of the main sewer to be built along said line as above set forth, which proportion, as= herein estimated and fixed, shall be taken and adopted in all computations requiring a knowledge of tie cost of such local sewer if built along the line where the main sewer is to be built. The cost of the construction of said sewer shall be divided as follows: (I) So much of such c-'st as shall be eclaivalent to the construction of an adequate local sewer not adapted to refeive sewage from collateral drains or sewers, if built along the T)orposed lines as hereinbefore set forth, shall be paid for by the abutting property holders and by the city of South i •_ Bend, if it be dettrmined that the said city is benefited by the said sewer, in the same manner and to the same extent as local sewers are paid for by them, under the statute in such cases made and provided. (2) The excess of cost, over and above what woul.d.be equivalent to the cost of a local sewer, if built along said line, shall be assessed against each niece of property in the district or area to be drained, and against the city, if it be determined that the said city is benefited by the said sewer, according to the rr'anner and method pritscribed by law; all of which said property benefibially affected lies irrith the following described territory in the City of South Bend, 8t. Joseph County, Indiana, to -wit: Beginning at the southwest corner of the east one- half (2) of the west one-half )2} of Section 4, Township 37 north, Range 2 Last, • thence north along the north and south denter line of the west one-half (2) of said Section4, to the southerly line of the right-of-way of the New York Central Railroad; thence southeasterly along the southerly line of said right-of-way to. the center line of the first alley west of Kenmore Street produced north; thence south along the center line of the first alley west of Kenmore Street and said center line produced, to the north line of ' ashington Street; thence east along the north line of `�dashtngton Street to the center line of erunore Street; thence south along the center line of Kenmore Street to the south line of Washington Street, thence Wednesday, June t3th., I928. 109 • • 1] L • • crest along the south line of 11ashington Street to .the center line of the first alley west of Kenmore Street; thence south along the cent,er line of the :first alley west of Kenmore Street to the centerline of the first alley north of Division Street; thence west along the center line of the first alley north of Division Street to the north and south center line of the west onehalf ( ofection9, `roe°reship 37 North Range 2 East;; thence north along the north and south center line of the west onehalf (2) of said Section 9 to place of beginning. And each niece of property in said district or area above described, including abutting rroperty holders and the city of South Bend, if t'Ze said city is. benefited, shall be assessed, as aforesaid, to pay said excess of cost over and above what would be equivalent to the cost of a local sewer; all of v:rhic h will more fully appear by reference to the profile, map, drawings, and specifications now on file, in the office of tie department of Public storks of said city, which among other things, give the exact course of slid proposed main sewer,overflows, and its appurtenanc' ss !! and the disriet or area which may be injuriously or beneficially affeetel'. thereby, as shown by heavy boundary lines matt'6d on said map and drawings, with prover words and figures written thereon, clearly indicating ghat said heavy boundary lines represent, and the district or area embraced thereby, Assessments, if deferred, are to be paid in ten equal annual installments., with interest at the r.-:.te of six per cent per annum. A bond or bonds shall be issued to the contractor in payment for said work, unless the property oimers pay said assessments before said bond or bonds are issued. Under no circumstances shall the city of South Bend be or be held responsible for any sum or sums due from said property owner or owners for said work, or for the collection (Df the same, or for the payment of any bond, bonds, certificate or certificates issued to said contractor in payment for such work, except for such moneys as shall have been actually received by said city from the assessments for such improvement. All proceedings bad and work done in the construction of said main sewer and its appurtenances, manner of assessment of property, collection of II assessments and issuance of bonds therefor shall be as provided for in an act of the General Assembly of the Otate of Indiana, entitled "An Act concerning Municipal Corporations, " approved March 6th. , I905. The estimated cost of sub -trunk Not is I6,420.00. Also Sub -Trunk No.3. Beginning at a manhole in the center line of xenmore Street and center line of 4ashington; thence east along the center line of 4ashington Street thirteen hundred twenty- eight feet (13281) , with a twenty-four inch (24") circular sewer; thence still east along the center line of Washington Street nine hundred fifty-five feet (9551) to the center line of Liberty Street with an eighteen inch (I8") circular sewer, together with the necessary manholes, storm water inlets, conduits, and house connections to the curb line along the line of said improvement, and to be built in accordance with the profile, specifications, detail plans, map and estimates now on file in the office of the Department of Public Works j of said "City, which include an estimate of the proportion that the cost of an adegmate it local sewer, built along the above line, bears to the cost of the main sewer, to be �j built as follows; 110 4ednesday, June 13th. , 1928. The cost of an adequate local sewer, built along the line; above above described, is hereby estimated and fixed_ to be per cent of the cost of the m44n sewer to be built along said line as above set forth, which proportion, as herein Estimated and fixed, shall be taken and adopted in all computations requiring a know- ledge of the cost of such local sewer if built along the line where the main sewer is to be built. The cost of the construction of said sewer shall be divided as follows: (I) 1�o much, of such cost as shall be equivalent to the construction of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the proposed lines as hereinbefore set forth, shall be paid for by the abutting property holders and by the city of South Bend, ;if it be deftrmined that the said city is benefited by the said sewer, in the same manner and to the same extent as local sewers are paid for by them, under the statute in such cases ..:Wade and provided. (2) The excess of cost, over and above what would be equivalent to the cost of a local sewer, if built along said line, shall be assessed i against each piece of property in the district or area to be drained, and against the city, if it be determined that the said city is benefited by the said sewer, according to the manner and method prescribed by law; all of which said property beneficially affected lies within the following described territory in the city of South Bend, St. Joserh bounty, 'tate of Indiana, to -wit: Beginning at the intersection of the center line of Xenmore 'street and the north line of 'gashing6on Street; thence east along the north line of °iashin,on Street to the center line of the first alley east of Kenmore Street; thence north along the center line of the first alley east of Kenmore Street and said center line produced to the southerly line of the right-of-way of the 'New `boric Central Railroad, thence southeasterly along the southerly line of said right- of-way to the north and south center line of the west one-half (2) of Section 10, Township 37 Forth, Range 2 Fast; thence south along the north and south center line of the west one-half (2) of said section I0 to the center line of the irst alley north of Division 'street; thence west along the center line of the first alley - north of Division Street to the center line of the first alley east of -�-enmo re Street,:,; thence north along the center line of the first alley east of Kenmore Street to the south line of Washington Street; thence west along the south line of Washington 6treet to the center line of Kenmore Street; thence north along the center line of Kenmore Street to the place of beginning. And each piece of property in said district or area above described, including abutting property holders and the city of South Bend, if the said city os benefited, shall be assessed, as aforesaid, to, pair said excess of cost over and above what would be equivalent to the cost of a local sewer; all of which will more fully appear by reference to the profile, map, drawings, and specifications now on file in the office of the department of Public 1dorks of said city, which, among other things, give the exact course,of _said proposed main sewer, lI 01, • • 7 • Wednesday, June I3th., 1928. F 0 • Pj U 0 overflows, and its appurtenances, and the 'district or area which may be injariousiy or beneficially affected thereby, as shown by heavy bounda4-lines marked on said map and drawings, with proper words and figures written thereon, clearly indicating what said heavy boundary lines represent, and the district or area embraced thereby. Assessments, if deferred, are to be paid in ten equal annu41 installments, with interest at the rate of six per cent per annum. A bond or bonds shall be issued to the contractor in payment for said work, unless the property owners pay said assess- ments before said bond or bonds are issued. Under no circumstances shall the city of South Bend be or be held responsible for any sum or sums due from said property r: owner or owners for said work, or for the collection of the same, or for the payment of any bond, bonds, certificate or certificates, issued to said contractor in payment ill for such work, except for such moneys as shall be actually received by said city from the assessments for such improvement. All rroceedings had and work done in the construction of said main sewer and its arpurtenances, manner of assessment of property, collection of assessments and issuance of bonds therefor shall be as provided for in an act of the General Assembly of the Btate of Indiana entitled ftAn Act concerning Municipal corporations" approved March 6th. , 1905. The estimated cost of 'pub -Trunk No.3 is $189075.00. 'laid improvement shall be known as the Northwest Trunk Sewer System under Improvement Resolution No.I774A in the City of South Bend, Indiena, which is supplementary to Improvement Resolution No.I774 and comprises said Northwest `rank Sewer and fiord Street Sub -Trunk Sewer No.I, 14ashington Street Sub -Trunk Viewer No,2, 71 ashington Street Sub -trunk Sewer No.3. All -Proceedings had and work done in the construction of said main and said sub trunk sewers and the$r apprutenances, manner of assessment of it property, collection of assessments and issuance of bonds therefor, shall be as provided for in an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," Acts 1905, page 236, and all acts amendat and supplemental thereto. In matters pertaining to the construction, alteration and maintenance of publie drains and sewers, providing for the d®nstruct-ion, alteration andil i! maintenance of such sewers and drains in such cities and within four (4) miles tihereof,,i also providing for the assessment of property specially benefited thereby, &or the payment thereof, in whole or in part, and for the collection of such assessments; repea i I ing all laws and carts of laws in conflict therewtih and declring an emergency, approve� March 6th. , 1905, and all acts supplementary and amendatory thereto passed by the II. General Assembly of the State of Indiana. Resolved, further, that said Resolution No.1774 and all proceedi had and contracts let, under said Resolution and all proceedings subsequent thereto, e ezeept OA ithe same whereby modified and corredted be and are hereby ratified and confirmed. Wednesday,. June lath. , 192 8. Notice of this Resolution shall be rublish:ed on the Nth., day of June and on the 23rd. , day of June, 1928, in the South Bend News i m es and Tr ibune . This Board at its office in the pity Hall will give a hearing Bali this Resolution on the 27th., day of June, 1928, at 7-15 p.M. Ado-oted this 13th. , day of June, ;1928. signed Iff. R. Hinkle John J. Olejniczak Ralph H. Kass. attested: Hazel A. Turner., Clark of the Board Meeting adjourned at. 9 P.Y. Ittest<ed: z;07 � er If N ON ON ON 0 IN WIN - 0