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HomeMy WebLinkAbout02/05/1934 Board of Public Works MinutesMonday, February 5th . , 1934 507 • Board met in reguler session at 3 P. IT. I,"r. Dick Johnson and Mr. Ralph Ii. Kuss present. Ik=r. "flilliam S. THY'oore, City Dnpineer, also present. Yinutes of r-eeting held. Ivond ay', Janunry 29th. , 1934, read and approved. The Board approved the renewal certificate for the excavation bond of Distler Plumbing Uo. , of I4 ishawaka- Indiana, in the sum of l,000.00 signed by The Aetna Casualty and Surety Co. The -boa rd a:ppro ve d the I}xca. va ti on Bond of C . S. R,,nd olph in the sum o f 1,000.00 signed by Emplovers Liability Assurnnce Co. The boa rd approved. the Excavation fond of Harvey L. Hager, Inc., in the sum of `a1, 000.00 s i. gne d by The Aetna Cp su alty Company. The .hoard approved the renejral certificate for the excavation bond of Hobert L. Thorpe in the sum of *1,000.00 signed by A=etrapolitan Casualty Insurance Company. • Yr. Eli F. Seebirt, attorney, 1r. Louis Hammond, a ttorney, representing; j ovmers of thirty seven different parcels of land which mere assessed for the pavement Ij of Kline Street appeared before the Board, with Cit~, Attorney, S. Romig. Upon the advise of Uity httorney Romig, the board agreed to a11ow the City of South Lend to assume 50% of the total assessments on said thzifty setren parcels of land amounting to . approximately ,,69b59.49, and in this way, settle the court appeals pending in the matter of said assessments. 0 • • • Copies of Court Orders are as follows: I STATE OF IlM I A_I'A ) )SS `;T. TOS-1IT '70T71TY) CLTRTTS `= 'TTY' CARL J . I! 17-OHS . ) j ciBRIFAX COHEFI,Ja.cob Schrift . } IS ^ _" C I'_AT E PARKS AT" D ) VIOLET Y. P,ARKS ) it VS C rmv OF SOT'�F BliIvD ) No.31330 Order Ili? ST. JOSEPN CIRCUIT C FEVRU^.RY TERTA, 1934. Come now the plaintiffs by thier arroneys, Seebirt, Oa.re, Deahl 8<, Omachut, anc comes the defendant by its City '=ttorney, ld�"n S. Romig, and this cause is now sub- mitted to the court for trial -nd hef=ring upon the amended complaint of the plaintiffs and. upon the answer of the defendant, " nr the court now having heard the evidence anal be- inp duly advised_ in the rremises, finds for -' ..the plaintiffs that the allegations of the ,mended complaint are true and they are entitled to the relief prayed for. And the court further finds that the pl,-� int if fs are the owners respectively of the tracts and parcels of land located in the citT of South bend, Indiana, described in the amended cpTp�aint and set opposite each of their names, and th, court further finds that each of zaid. tracts was as:�esed_ the sum set forth in the complaint opposite each of said descriptions by the Bo-rd of Public Vorks of the City of South -bend, Indiana on the llth dajs of ffebruary, 1930, as benefits for the pavement of Kline Street, now known as Twyckenha.m Drive; and the court finds that each of said assessments is excessive and that each of said parcels of land was not benefited in the amount assessed against it by said Board, and that said assessments should be reduced. And the court finds that the plaintiffs, whose names are given as follows, ,,a.re the owners respectively of the real estate set opposite each of their names herein - rafter; that the original assessment as made by the Board. of Public Works is the dum ;'set opposite of each said descriptions in the first column and that the corrected essess- ment and "the amount did' benefits to each of said parcels of real esttte is set opposite ;each. of saiddescriptions in the second and last column as follows: it NAIT DESURIPTION OF PROPERTY ASSESSITENT ASSESSMENT ANT BY BD OF `'.'ORKS FIXED BY COURT ;!Curtis Smith Lot ,i 12 in 17-ayrs Vistula 1. Ave Addition 413.59 206.80 Car 1 J. Emmons Lot 1'28 in 1-ay r's Vistula Ave. Addition 390.19 195.10 J n c ob 19ohe n and Jacob Schrift Lot ;#1 in Yayrs Vistula Avenue Addition 585.84 292.92 ;Jacob Cohen and !Jacob Schrift Lot #,-2 in P.ayrs Vistull Avenue Addition 447.38 223.69 It is therefore, ordered, considered end a d judged that each of the plain- tiffs' said parcels of real estate is assessed in the sum contained in the last column 11'above enc3 set opposite each cf said parcels as benefits for the laying of said pavement 1,'.-'o nd ay, F e b run r y 5 th 1934 0 0 0 0 0 0 11 NAME T)ESCRTFF- TON OF ASSFSF3T,'TU,"T BY ASSESSMENT FTXRD it PROPMETY BD rF PUBLTC WKS BY COURT Elmer "nyder Lot 172 in Second 1_arparet Snyder Plat of Roseland Park 49.39 24-70 ,I James D. Pasdoe Lot 17-7 in Second hiinnie I% Pascoe Plat of Eoseland Park 49.39 24.70- ;I Roscoe C. I",upe Lot 29 in Tv'layrs Vistula ;;Loretto B. Rupe Avenue Addition 432.64 216.32 Floyd C. '0,,edel Lot 27 in 1,4"byrs Vistula lGertrude P. Wedel Avenue Addition 359.29 179.65 hena P. Ackles hare Lot 18 in Iayre Vistula Avenue Addition 312.56 156.26 Herman G. Kruppel Lot 16 in MP'yrs Vistula Fatti Krugpel Avenue Addition 466.43 233.22 !Anna 6ingrey k7ot 3 in Mlayrs Vistula IY. T. Singrey Avenue Ad.d ition 417.72 208.86 II Glenn Cox Lot a in Clapps Sub r i e E, Cox bivision 413.60 '206.80 ij Ralph Osborne Lot in Clapps Sub- division 370.09 185.05 ;i TI Lot 10 in Clapps hub 370.09 185.05 Lot 1-1 in Clapps Sub 430.26 215.13 Vernon C. Hastings Lot 5 in Irla.vrs Vistula Avenue Addition 417.72 208.86 Lot 5 in Tvlayrs Vistula "venue Addition 417.72 298.86 Lot. 7 in E_ayrs Vistula Ave Addition 417.72 208.86 Lot 10 V=ayrs Vistula Ave AddItion 387.72 193.86 Lot 15 IJayrs Vistula Avenue Addition 387.72 193.86 Lot 17 I.Tayrs Vistula Ave I Addition 391.27 195.64 Lot 20 17ayrs Vistula Avenue Addition 312.56 156.28 Lot 21 Mayrs Vistula Avenue Addition 312.56 156.28_ Lot 22 Layrs Vistula Avenue Addition 460.00 230.00 Lot 23 1,-ayrs Vistula. Avenue Addition 58.63 29.32. t? Lot 24 Iiayrs Vistula avenue Addition 416.99 208.50 I? T? Lot 25 1�Iayrs Vistula Avenue Addition 359.29 1700.65 Lot 26 I-pyrs Vistula Avenue Addition 359.29 179.65 Lot 14 I:Iouth amide Add. 49.39 24.70 Lot 20 -out h 8 id e Add. 872.88 436"44 Lot 316 Second Plat hoseland Park 7.97 3.99 Lot 317 �'econd Plat Roseland Pqrk 6.98 3.48 F? t? Lot 317 6econd Plat I Hose land Park 47.04 23.52 0 0 Ylonday, Eebrua ry, 5th. , 1934 DESCRIPTIONS OF PR OP'�TY Isaac Kane Parks Lot 61 in South Fide Addition Matthew B. Hammond Lot 310 in second ph t of -hos eland Park ASSESSIrENT BY BNIRD OF PUB1IC WORKS 927.02 899.12 ASSESSI!E'NT FTX'D BY COURT 463.51 449.56 It is further ord_eref, consi"dered and ad judged. that each of the plain- tifss said -parcels of real estate is assessed in the sum contedned in the last column ,above and set opposite each of said parcels as benefits for the laying of said pavement and the making of said. improvement. It is further ordered and P.djudged that th.e said. assessments as above fixed shall bear interest only from the date of the making of this order, end that the owners of each parcel subject to an assessment of Ten Dollars. (10.00) or more shall have the right to elect to pay the same in ten (10) annual .installments, pursuant to Chapter 21 of the Acts of 1929 , and may sign a waiver to that effect in the Controllers Office of the said. City; all assessments of .less than Ten D013,, rs (10.00) shall be payable in cash. All sssessments not waive -red. or- p-aid shall -be delinquent after 30 days from. the date of this order. If t'-e ownership of any of the ar_.ove described lots shall have changed either by the law of descent or by grant or conveyance the present owner or owners of any such lot shall have the right to sign a waiver in the Controllers.Office electing to pay the assessment in ten annual installments. It is further ordered and adjudged that the City of South Bend }gay the contractor which made said improvement, Rieth niley Construction &orpeny, Inc., the d..fference between said assessments as made by the Board of Public 1+orks and as contained in the first column of figures above and the assessment as fixed by this Court a-nd. as contained in the second column of figures above; that said difference shall bear interest at the rate of 4.8% interest per ennum from r,ebrua.ry 11, 1930, until pn id ; if said City does not 'now have money with which to pay the same, it shall provide for its payment in the next nudge t adopted by it. It is further ordered., considered and adjudged that the Clerk shall certify to a copy of th' s judgement and shall file the same with the uca- rd of Public Yorks of the City of South Bend , Ind. iana , and that sa id Glerk shall also record a zopy in the order books of this Court. It is further ordered, considered and adjudged that the -plaintiffs recover of the defendant their costs herein laid out and expended. Dated Febru_ery 15, 1934. of ;"666.65. Dan Pyle Judge of St.- Joseph '-ircuit Court The Eo=rd approved. claims for various departments in the sum of 1'r1e Boardapproved claims for Materials for C. A. Nork in tl-.e sum 1'4-eet ing ad journe d a t 4 1h. 111. Att t: ecvv of Board • • • • • is 0Monday, ffebruary 5th . , 1934 and the making of said improvement. It i s further orderer' and adjudged that said assessments as above fixed - shall bear interest only from the date of the making 6f this ordet,, and that the owners of each parcel subject to an assessment of `fen Dollars (10.00) or more shall have the right to elect to pay the same in ten (.10) annual installments, pursuant to Chapter 21 of the Acts of 1929, and ma.y sign a -waiver to that effect in the Controllers Office of the City; all assessments as heroin fixed not waivered or paid shall be delinquent after 30 day from the date of this order. If the Ownership of any of the above des- scribed dots shall have been changed either by the law of descent or by grant or conveys; a.nce the present owner or owners of any such lot shall have the right to sign a waiver in the Controller's Office electing to pay the assessment in ten annual Installments. It is further ordered and adjudged that the City of South Bend pay the contractor which made said improvement, Meth Riley Construction Co.) Rine. , the differ ence between said assessments as made by the Bo^rd of Public Works and as contained in the first column of_ figures above and the assessment as fixed by this court and as contained in the second cloumn of figures above; that said drifference shall near interest at the rate of 4.8 per annum from r'ebrunry 11, 1930 until paid; if the said. City does not no,,AT have the money with wb ich to pay the same it shall provide for its pa�Tment in the next budget adopted by it. It is further ordered., considered and adjudged thatthe Clerk shall certify to a copy of this judgement and shall file the same wit the Board of Public Works of the City of South Bends Indiana, and that said Clerk shall also record a_ copy hereof H i in the order books of this court. It is further ordered, consi_d=red and adjudged that the plaintiffs recover i! of the defendant their costs herein laid out and expended. Dan Pyle Judge of bt. Joseph .Circuit Court. - Dated this lc"Ith., day of Feb, 1934. STATE OF TNDIAITA ) IN ST. JO"EPH CIRCUIT CT } SS: ST. JO �=T7 COUNTY ) February Term, 1934 BERT Tv-!O'.v"ERS , C,U'A RITY NRURAL � LOAN AND SAV' GS ASS' N , ) BESSIE I. 1':TARLAR, ET-1,71 R `=I`IYTJER, 1t AROARET SI` YDER, ) JAIL S D. PACSO , V INNTE PASCOE , ROSCOE RUPE, LORETTO ) B . RUDE, FT.-O)M C . AEDEL , GERTRUDE P . IEDEL , R E NA B . ACKLFS PARE , T-TE- MV7AN G. KRUC CEL, FATTIE KRUCCE L, A.Nh ) SINGFY, PR. E. STY0PEY1 ME17T S. COX, 1'.`.ARI J F. COX, RALPH ) C. O`3BORNE, 771MYON FASTTNGS, ISAAC KANE PARKS, VIOLET Y. ) PA: PKS , YATTTEW B . ITA111OND , Order No.31329 VS CITY OF SOUTH BEND INDIANA Come now the nla.intiffs by their attorneys, Seebirt, Oare, Deahl gz 0macht, and comes the defendant by its City Attorney, Iden S. Romig, and this cause is now submitted to the Court for trial and hearing upon the complaint of the plaintiffs and upon the answer of the defendant, and the Court now having heard the evidence and be- ing duly advised in the premises, finds for the plaintiffs that the allegations of the complaint are true any+ that they are entitled to the r•-lief prayed for. Anc the Court further finds that the plaintiffs are the Owners respectively of the tracts and parcels of land located in the City of South. Trend, Indiana, described in the complaint and set opposite each of their names, and the Court further Finds that each of said t tracts 'was assessed the sum set forth in the complaint opposite each of said descript-'; ions by the board of Public Vorks of the City ,of South bend, Indiana on the llth.. day of February, .1950, as benefits for the pavement of Kline Street, now known as Twyck- enham Drive; and the Court finds that each of said assessments is excessive and that each of sei� parcels of land was not benefited in the amount assessed against it by said Board, aid that said assessments should be reduced. And t' e Court finds that the plaintiffs, whose names are riven as follows, are the orners respectively of the real estate set opposite each of their names }.erein,-fter; that the original assessment as made by the Board of Public T`orks is the sum set opposite each of sai^ desc iptions in the first column and that the corrected assessment and the amount of benefits to each of said parcels of real estate is set o)-oosite each of said descriptions in the second and last column as follows: NA.iE T`T SC T�mICN OF ASSESST TTT BY ASSESSF:TI'NT PR OR ?TY BOARD OF PUBT.:IC 1'7S FTXfD BY COURT'i Bert bowers , Guaranty Lot 178 in second mural Loan �jlstngs Assn plat of Roseland Park Bessie iLarlar Lot 176 in second plat of noselend Park 49.�9 24.70 49.39 24.70 • • 0 • :7 171