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HomeMy WebLinkAbout07/21/1914 Board of Public Works Minutes413 Board met in regular session at 9:00 A.M. All members present. A remonstrance was presented to the Board against pipe sewer ob Pulaski ✓ Street between Division Street and Ford Street. The same was read and placed on,file. Complaint received about pole at N. E. Corner of temporary bridge on No. Michigan Street as dangerous. The pole and wire inspector report that this pole was i/ set without a permit from the Board but it is alright as it now stands. The same was placed on file. Petition filed with the Board for a brick pavement on North Johnson St. from Michigan Avenue to Vassar Avenue. The same was read and referred to the City Engineer for investigation.. Bids were received, op._ned and read on the following improvements. i/ Wipe sewer on Broadway and High Street, under IMprovement Resolution No. 320. Pipe sewer on Donald Street, under Improvement resolution No. 321. The above bids were referred to the City Civil Engineer for tabulation to be reported on at 7:45 P.M. of this date. Partial estimate allowed John Sidman on the Curb and walk on North Calvert ✓Street, @.. ....... ......... 0...... 0....................... ....0......0.....$205.00 The City Civil Enginneer filed the following. I herewith submit the estimated cost 'of the pipe sewer improvement in Yukon Avenue from Portage Avenue to Riverside Drive at ..................'....$570.00 Bond and contract for the resurfacing of South Lafayette Street, under ,/ Improvement Resolution No. 319, signed by Renkert & Eggleston as principal and The Fidelity and Casualty Co. of New York'as sureties, was approved. Bond and contract for pipe sewer on Tal%ot Avenue, under Improvement Resolution No. 319, signed by L. H. Webster as principal and The London & Lancashire Guarantee and Accident Go. of Canada, as sureties was approved by the Board. Mr. D. Townsend of the Oliver Hotel Company and Mr. Hartman of same, appeared before the.Board in regard.to the Heating contract of the St. Joseph Heating Co. No. action taken. Application for permissioi to set a billbowrd by the South Bend Bill - ✓ posting Company on South Bend Avenue, was approved by the Board. Mr. T. C. Barnes appeared before the Board in regard to the condition of the pavement on High Street,) and stated he would take the matter up with the 'Brick the and have pavement put in good condition. President. 414 Tuesday July 21st.,1914. Board met in regular session -at 7:45 P.M. All members present. J Hearing given on Trunk sewer on Division Street from Olive Street to Chicago, Street, under Ilv1pr. ovement Resolution No. 327. In the City of South Bend, Indiana. In the above matter remonstrators appeared and a: remonstrance was filed ( Mr. Harry R. Wair, attorney for the Singer Mfg. Company filed a remonstrance against said sewer, also petitioners appeared. The Board having said matter under advisement find that the remonstrance Filed this 21st., day of July21914 should be sustained and the resolution should be and the same is hereby and in all things rescinded. Hearing givmng on Condemnation Resolution No. 32. .for the purpose of appro— priating a strip of lend for the opening and extension of Francis Street from alley North of Miner Street to Sorin Street. In the City of South Bend, Indiana. .In the above matter remonstrators appeared and a remonstrance was filedo The Board having said matter under advisement find that the remonstrance filed this 21st. day of July21914 should be sustained and that the resolution should be and the same is hereby and in all things rescinded. Hearing given on Condemnation Resolution No. 31. for the purpose of appro— priating a strip of land for the opening and extension of Ottowa Court across, the Lake Shore and Michigan Southern Ry. Company right of way, In the City of South Bend, Indiana. The Board having said matter under advisement find that the remonstrance filed. June . 7th. ,1914 should be sustained and that the resolution should be and the same is hereby and in all things rescinded. Declaratory hearing given on Improvement Resolution. No. 326 for pipe sewer ✓ on Indiana Avenue from Carroll Street to Miami Street, In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no remonstrances were filed. The Boa.Pd being -fully, ' advised in the premises, decides- that .the benefits to Property liable to be assessed .or said improvements are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted, and the same is.hereby in all things, ratified, confirmed and approved. Resolved furtherij that notices be published on the 23bfl., day of July,1914 and on the 31st. day of July,1914 in a newspaper of general circulation in said City stating that tais Board will receive bids for the construction of said improvements up to 10:00 A.M. on the llth., day of AuguEt1,1914. The Board reserves the right to reject any or all bids. Mr. B. Miller appeared before the Board in regard to a petition filed J on April 14th., 1914 for the appropriation of 170 feet off of the south end of lots 143-144-145-146 in Portage Park 1st. addition and Lot 147 and 148 in Portage Park 2nd. Addition of City of South Bend, Indiana. The same was referred to the City Cvil Engineer for a resolution and a hearing to be had on same. ` Mr. F. A. Bryan of the Indiana &Mich. Elec. Company, Mr. D. Townsend of the Oliver Hotel Company and Mr. Hartman appeared b, fore the Board in regard to the Heating contract of the St. Joseph Heating Company. The contract was discussed but no action taken. Partial estimate allowed Stewart —Sheets Company on the Bowman Creek Trunk sewer for the amount of .......................................... $4,485.00 `t 15- Bid of L. H. Webster for repairing sewer on East La .Salle Avenue from St. Peter Street to the alley east of St. Peter Street, was filed with the Board and the same approved. Complaint of alley at end of Francis Street being about two feet higher f that sidewalk was reported on by the Street Commissioner as follo*s' Sidewalk and curbs` have been put in and street and alley not graded. The same was placed on file. The Street Commissioner reported as follows on the Councilts motion of July 13th.,1914. to repair sidewalks on W. Wash. Ave. from Chapel Lane to Circle Ave on south side of Avenue. Brick walks at 1112-1120-1308-1310-and 1312 were in fairly good con- dition* Walk at 1040 W. Washington Avenue in very bad condition. The Board ordered a thirty day notice sent to repair same. Brick walk on Circle Averue east to cement walk just east of Feasor(s Coal office and Which belongs to the L.S.&M.S. RY. Co. in very bad condition. The Board ordered a thirty day notice sent to repair same. Street Commissioner renorted. thpt t'?!e brick pavement on Studebaker Is right of way and Tutt Street west where same.:joins planking, in a defective condition. The Board ordered that the Studebaker Company be giming a notice to repair same. The Board ordered that the L.S.'M.S.Ry. Co. and the Three Le Ry. Co. be notified to repair crossing at Walnut and Harris Street. The Street Commissioner reported that sidewalk at 924 S. Main Street on Sample Street side is caved in and in a defective condition. A notice was ordered sent to have same repaired within thirty days. Contract for the pipe sewer on Broadway, and High Street from Bowman Creek to Carroll Street, was awarded to Hoban and Roach for the sum of...........$52359.20 Contract for pipe sewer on Donald Street From Witwer Avenue to Michigan Street, was awarded to Staples and Ackerman, Contractors for the sum of.....$573.40 The following report was filed with the Board on the 15 inch sewer 100 feet west of Lafayette Street to Leland Avenue on Marion. Also 9 inch sewer on Lafayette J St. from Marion to Navarre Street. The Street Commissioner reported the above mentioned in perfect condition in dry weather, but in case of roots in 15 inch sewer making trouble during a storm will try 4 lines of hose for an experiement. Engineer filed assessment roll and final estimate for pipe sewer on Vassar Avenue from Portage Avenue to Riverside Drive, Under ImprOvement Resolution No. 311. In ✓ the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published on the 25th., day of July,1914, and on the 1st. day of Au gust,1914 in the South Bend Daily Tribune, stating that this Board will givea hearing on the amount of such assessments at its office in the City Hall on the llth., day of August21914 at 7:45 P.M. Resolved further, that the entire work under the above contracts be accepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the 25th., day of July,1914. and on the 1st. day of August,1914 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work atrits office in the City Hall on the llth., day of August,1914 at 7:45 P.M. 4 1 J Engineer filed assessment roll and final estimate for pipe sewer on Tonti Avenue from Lafayette Street to Iroquois Street, under IMprovement Resolution No. 260. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published on the 25th., day of July,1914. and on the lst. day of August,1914 in the South Bend Daily Tribune, stating that this Board will give a hearing on the amount of such assess— ments at its office in the City Hall on the llth., day of August,1914 8t 7:45 P.M. Resolved further, that the entire . work: under the above contracts be accepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the 25th-, day of July,1914. and on the 1st. daylof August,1914 in the South Bend Daily Tribunev stating that this Board gill give a hearing on the a ccepta ne of such work at its office in the City Hall on the llth., day of August.,1914 at 7:45 Phi M. Engineer filed assessment roll and final estimate for pipe sewer on Tecumseh J Avenue from Parkovash Avenue to Pokagon Street, under IMprovement Resolution No. 312. In the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published on the 25th., day of July21914 and on the lst. day of August21914 in the South Bend Daily Tribune, stating that this Board will give a,hearing on the amount of such assess— ments at its office in the City.Hall on the 2x llth., ,day of August,1914 at 7:45 P.M. Resolved further, that the entire work under the above contracts be accepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the 25th., day of July,19141 and on the 1st. day of July,1914 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the llth., day of August,1914 at 7:45 P.M.. Engineer filed assessment roll and final estimate for water connections on ✓ Cedar Street from Emerick Street to Eddy Street, under IMprovement Resolution No. 304. In, the City of South Bend, Indiana. Resolved, that notices as to the amounts of assessments be published cor six consecutive days in the South Bend Daily Tribune, commencing on the 27th., day of July,1914 stating that this Board will give shearing on the amount of such assess- ments at its office in the City H&11 on the 4th., day,of August,1914 at 7:45 P.M. Resolved further, that the entire work under the above contracts be ac- cepted and approved and the final estimate thereon allowed. Notice of this resolution shall be published on the 27th., day of July,1914 in the South Bend Daily Tribune, stating that this Board will give a hearing on the acceptance of such work at its office in the City Hall on the 4th., day of August,1914 at 7:45 P.M. The followigg parties were notified by a thirty day not3ice to construct, ar repair their sidewalk , the same would be -done under Improvement Resolution No. 274. by the City. J J. & J. Harmicinski in front of 10 W. Sample Street o � 37 P , n 30 ft. off of the east side Jof part of bank out lot 105• Tom Hartman,,in front of 532 E. Keasey Street on lot 73 Wenger's 4th., Addition. 417 STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 333 - Be it Resolved by the Board of Public Works of the City of South Bernd, St. Joseph County, State of - Indiana, that it is desired and deemed necessary to improve Allen Street from Oak Street to Van Buren Street, . as follows, to -wit: - By grading and paving the roadway, also grading and paving the roadway of 611 intersecting and entering streets and alleys, lying within said portion of said Allen Street not included in the roadway to be improved with ASPHALT,ASPHALTIC CONCRETE BITULITHIC,CREOSOTED WOODEN BLOCKS or BRICK laid on a five (5) inch Portland Cement Gravel Concrete Foundation. Or with BRICK laid on a Six (6) inch Rolled Gravel Founda- tion Or a CONCRETE PAVEMENT seven (7) inches in depth. Placing the necessary marginal cement curb, curbing the roadway with cement curb where same is. not already con- structed. Also the construction of necessary storm water inlets and conduits. All as shown on the plans and in accordance ith the profiles, detail drawings and specifications on file in the office of the Department of Public Woks of said City. The cost of the improvement herein provided ofr, except street and alley intersections, shall be paid by special assessment to be levied upon the property speei- alley benefitted, to the amounts that the same may be legally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6,1905, and in accordance with and pursuant to the provisions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which run into, btt do not cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 109 of the above entitled Act. IV Assessments of ten dollars and more against each lot, are to be paid in ten equal annual installments, with interest at the rate of Six per cent pe r� annum. A bind or bonds will be issued to the contractor to the amount of sulah deferred assess- ments in pro rata payment for such improvement. Under no circumstances shal the City df South Bend be, or be held re- sponsible for any sum or sums due from said property owner or owners for said work, or for the collection of the same, or for the payment of any bond, bonds, certificate of certi- ficates, issued to said contractor in payment for such work, except for such moneys as shall have actually been received by the'City from the assessments for such impm vement, or such moneys as said City is by said entitled Act and amendements and supIllements thereto required to pay. All poceedings had, and work done in the making of said im provement, assessment of property,, collection of assessments and issuance of bonds there- for,, shall be as provided for in said above entitled Act and acts amendatory thereof and supplemental thereto. BE IT FURTHER RESOLVED, That the Board of Public Works fix the l8th.1, day of August21914 A.D. at the hour of 7:45 P.M. at the office of the Board of Public Works of this City, as the time and place for the public consideration of said proposed improveme at which said Board of Public Works will hear all persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the benefits to the property liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED. That notice o fthe time, and place consideration be published and mailed in the manner provided by law. Notice t-ion shall be published on the 24th., day of July,1914 and on the 31st., da in the South Bend Daily Tribune. Adopted this 21st., day of July,1914. BOARD OF PUBLIC WORKS. of such public of this resol y of July,1914 418 st..1914. Continued. STREET OR ALLEY IMPROVEMENT RESOLUTION N0. 334. ✓ Be It Resolved by the Board of Public Works of the City of South Bend St. Joseph County,, State of Indiana, That it .is desired and deemed necessary to improve Franklin Street from Sample Street to Indiana Avenue, as follows, to —wit; — By grading and paving the roadway, also grading and paving the roadway of all intersecting and entering streets and alleys, lying within said portion of said Franklin Street not included in the ro dway to be improved with ASPHA.LT,ASPHALTIC CONCRETE, BITULITHIC,CREOSOTED WOODEN BLOCKS or BRICK laid on a five (5) inch -Port— land Gravel Concrete Foundation. On with BRICK laid on a six (6) ine Rolled Gravel Foundation. Or a CONCRETE PAVEMENT seven (7) inches in depth. Placing the nec— essary marginal cement curb, curbing the roadway with cement curb where same is not already constructed. Also the construction of the necessary storm water inlets and conduits. All as shown on the plans and in accordance with the profiles, detail drawings,and specifications on file in the office of the Department of Public Works of said City. The cost of the improvement herein provided for, except street and alley intersections, shall be paid by pp ecial assessment to be levied upon the property specially benefitted, to the amount that the same may be legally assessed therefor., in accordance with an Act of the General Assembly or the State of Indiana, entitled "An Act Concerning Muncipal Corporations," approved March 611905, and in accordance with and pursuant to the provisions of all acts amendatory and supplemental thereto. The cost of all street a -id alley intersections, including one }half of the width of the improvement opposite street and alley which run into, but do not corss said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of its general fund, ax if able .to do so, or from a fund created by a special assessment to be levied under the provi— sions of Section 108 of the above entitled Act. Assessments of Ten follars-and more against each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Six per cent per annum. A bond or bonds will be issued to the contractor to the amount of such de— ferred assessments in pro rats pays- ent for such improvement. Under no circumstances shall the City of South Bend be, or ben ehld re— sponsible for any sum or sums due from said property owner or owners for said work, ro for the the collection of the same, or for the payment of any bond, bonds, certi— ficate or certificates, issued to said contractor in payment for such work, except for suchmoneys as shall have actually been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amend— ments and supplements thereto required to` pay. All proceedings had, and work done in the making of said improvement, assessment o property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act, and Acts amendatory thereof and supplemental thereto. BE IT FURTHER RESOLVED, That the Board of Public Works fix the l8th., day of August,1914 A.D. at the hour of 7*45 P.M. at the office of the Board of Public Works, of this City , as the time and place for the public consideration of said pro— posed improvement, at which said Board of Public Works will hear all persons inter— ested , or whose property i liable to be assessed for said improvement, and will decide whether the benefits to the property liable to be assessed for said improve— ments will equal the estimated cost thereof. $E IT FURTHER RESOLVED, That notice of the time and place of such public consideration be published and mailed in the_ manner provided by law. Notice of this resolution sha 1 be published on the 24th., day of July,1914 and on the�lst. day of July,1914 In the South Bend Daily Tribune. Adopted this 21st., day of July,1914. BOARD OF PUBLIC WORKS. d. 419 STREET OR`ALLEY IMPROVEMENT RESOLUTION NO. 335. Be It Resolved By the Board of Public Works of the City of Joseph Cour*y, State of Indiana, that it is desired and deemed necessary Cottage Grove Avenue from Michigan Avenue to Portage Avenue, as Follows, South Bend, St, to improve t o-wit : - By grading and paving the roadway, also grading and paving the roadway of all intersecting and entering streets and alleys, lying within said portion of said Cottage Grove Avenue not included in the roadway to be improved with ASPITALT,ASPHALTIC.CONCRETE BITULITHIC,CREOSOTED WOODEN BLOCKS or BRICK laid on a five (5) inch Portland Cement Gravel Concrete Foundation. Or with Brick laid on a six (6) inch Rolled Gravel Foundation. Or a. Concrete Pavement seven (7) inches in depth. Placing the necessary marginal curb, curbing the roadway with cement curb where same is not already constructed. Also the con— struction of the necessary storm water inlets and conduits. All as shown on the plans, and in accordance with the profiles, detail drawings and pecif ications on file in the office of the Department of Public Works of said City. The cost of the improvement herein provided for, except street and alley inter- sections, shall be paid by special assessment to be levied upon the property specially benefitted, to the amount that the same may be legally assessmd therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Munt— cipaloCorporations," approved March 6,1905, and in accordance with and pursuant to the po— provisions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one—half of the width of the improvement opposite street and alleys which run into, but do not cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said C ty, or upon property not subject to such assessment, shall be padd by the City in cash out of its general fund, if able to do so, or from a fund cre- ated by a�spe cial assessment to be levied under the provisions of Section 109 of the above entitled Act. Assessments of tel dollars and more against each lot, if deferred, are to -be paid in ten equal annual installments, with interest at the rate of Six per cent per annum, A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such improvement. Under no circumstances shall the City of South Bend be, or be held respon# sible for any sum or sums due from said property owner or owners for said work, or for the collection of the same, or for the payment of sny bond, bonds, certificate or certificates, issued to said contractor in payment for such work, except for such moneys as shall have actually been received by the City from the assessents for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto re- quired to pay. All proceedings had, and work done in the making of said improvement, assess- ments of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act, and Acts amendatory thereof and supplemental there- to. BE IT FURTHER RESOLVED, That the Board of Public Works fix the l8th., day of August,1914 at the hour of 7:45 P.M. at the office of the Board of Public Works, of this City, as the time and place for the public consideration of satEd pupposed improvement, at which said Board of Publc Works will hear ill persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the benefits to the property liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESLVED. That notice of the sideration be published and mailed in the manner provided shall be published on the 24th., day of July,19141 and o in the South Bend Daily Tribune. Adopted this 21st., day of July21914. time' and place of sued public con - by law. Notice of this resoution n the 31st., day of July,1914 BOARD OF PUBLIC WORKS. 420 STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 336. J Be It Resolved by the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, That it is desired and deemed necessary to improve Blaine Avenue from La Porte Avenue to Van Buren Street, as follows, to -wit. By grading and paving the roadway, also grading and paving the _roadway of all intersecting and entering streets and alleys, lying within said portion of said Blaine Avenue not included in the roadway to be improved with ASPHALT,ASPHALTIC CONCRETE, BITULITHIC,CREOSOTED WOODEN BLOCKS or BRICK laid on a five (5) inch Portland Cement `ravel Concrete goundation. Or with Brick laid on a six (6) inch Rolled Gravel foundation. Or a CO CRETE PAvement seven (7) inches in depth. Placing the necessary marginal cube cement curb, curbing the roadkay with cement curb where same is not already constructed, Also the construction of the necessary storm water inlets and consuits . All as shown on the plans and in accordance with the profiles, detail draw- ings and specifications on file in the office of the Department of Public Works of said City. The cost of the improvement herein provided for, except street and alley in- tersections shall be paid by special assesments to be levied upon the property specialt benefitted, to the amounts that t;ze same may be legally assessed therefor, in accordane with an Act of the General Assembly of the State of Indiana, entitled "An Act Concern- ing Muncipal Corporations, ", approved March 6,1905 , in accordance with and pursuant to the provisions of all Acts amendatory and supplemntal thereto. The 'cost of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which run into, but do not corss said roadway herein proposed to be iproved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of its general -fund, its able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 108 of the above entitled Act. Assessments of ten dollars and more against each lot, i f deferred, are to be paid in ten equal annual insta lments, with .interest at the rate of. Six per cent per annum. A bond or bonds will be issued to the contractor t the amount of such -de- ferred assessments in pro rata payment for such- improvement. Under no circumstances shall the City of South Bend be, or be held re- sponsible for any sum or sums due from said property 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 for such work, except for such moneys as shall have actually been received by the City from the assessments for such improvements, or such moneys as said City is by said entitled Act and amendments and supplementa thereto required to pay. All proceedings khd, and work done i�i the making of said improvement, assessment of property, collection of assessments and i suance of bands therefor, shall be as provided for in said above entitled Act , and Acts. amendatory thereof and supplemental thereto. BE IT FURTHER RESOLVED, That the Board of Public Works fix the l8th., day of August,1914 at the hour o 7:45 P.M. at -the office of the Board of Public Works, of this City, as the time and place for the public consideration of said proposed improvement, at which said Board of Public Works will all persons interested, or whose property isliable to be assessed for said improvement, and will decide whether the benefits to the property liable to ne assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED, That notice of the time and place of such public consideration be published and mailed in the manner provided by law. Notice of this Resolution shall be published on the 24th., day of July,'1914 and on the 31st., day of July,1914 in the South Bend Daily Tribune. Adopted this 21st., day of July21914. BOARD OF PUBLIC WORKS. 421 'STREET OR ALLEY IMPROVEMENT RESOLUTION NO. 337- Be It Resolved By the Board of Public Works of the City of South Bend, St. Joseph County, State of Indiana, that it is desired and deemed necessary to improve Diamond Avenue from Michigan Avenue to the north line of CushingIs Fifth Addition, as follows, to —wit: — By grading and paving the roadway, also grading and paving the roadway of all intersecting and entering streets and alleys, lying within said portion of said Diamond Avenue not included in the roadway to be improved with ASPHALT,ASPHALTIC CONCRETE, BITULITHIC,CREOSOTED WOODEN BLOCKS OR BRICK laid on a five (5) inch Portland Cement Gravel Concrete foundation. Or a BRICK laid on a six (6) inch Rolled Gravel foundation. Or a CONCRETE PAVEivENT seven (7) inches in depth. Placing necessary marginal cement curb, curbing the roadway with cement curb where same is not already constructed. Also the constructeo of the necessary storm water inlets and conduits. All as shown on the plans, and in accordance with the profiles, detail drawings and specifications on file in the Office of the Department of Public Works of said City. The cost of the improvement herein provided for, except street and alley in— tersections, shall be paid by special assessment to be levied upon the property specially benefitted, to the amount that the same may be legally assessed therefor, in accordance with an Act of the General Assembly of the State of Indiana, entitled "An Act Concerning Municipal Corporations," approved March 6219052 and in accordance with and pusuant jao the provisions of all acts amendatory and supplemental thereto. The cost of all street and alley intersections, including one —.-.half of the width of the improvement opposite street and alleys which run into, but do not cross said roadway herein proposed to be improved and that portion of such street and alley abutting upon property belonging to said City, or upon property not subject to such assessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 109 of the above entitled Act. Assessments -of ten dollars and more against each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of sixper cent per annum: A bond or bonds will be issued to the contractor to the amount of such deferred assessments in pro rata payment for such improvement. Under no circumstances shall the City of South Bend %be, or be held respon— sible for any sum or sums due from said property, 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 for such work, except for such moneys as shall have actually been received by the City from the assessments for such improvement, or such moneys as said City is by said entitled Act and amendments and supplements thereto re— quired to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be as provided for in said above entitled Act, and Acts amendatory thereof and supple— mental thereto. BE IT FURTHER RESOLVED. That the Board of Public Works fix the 25th., day of August, 1914 at the hour Of 7:45 P.M. at the office of the Board of Public Works, of this City, as the time and place for the public consideration of said proposed improve— ment,, at which said Board of Public Works will hear from all persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the bene— fits to the property liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FUR TITER RESOLVED, That notices of the time and place for such public consideration be published and nailed in the manner provided by law. Notice of this resolu- tion shall be published on the 24th., day of July,1914 and on the 31st., day of July,1914 in the South Bend Daily Tribune. Adopted t is 21st., day of July,1914. BOARD OF PUBLIC WORKS. 4242 .STREET OR ALLEY IMPROVEMENT RESOLUTION NO- 339- Be It Resolved by the Board of Public Works of the City of South Bend, J St. J<-seph County, State of Indiana, that it is desired and deemed necessary to im- prove Marion Street from the west line of St. Joseph Street' to the east. line of Lot 5 Hammond & Whitcomb Addition, as follows,to-wit.:- By resurafcing the present pavement with three inches of crushed lime- stone a -id a bituminous filler. Placing the necessary cement marginal curb, curbing the roadway with cement curb where same is not -already constructed. Also the construction of the.necessary storm water inlets and conduits. All as shown on theplans, and in accordance with the prfoles, detail drawings and specifications on file in the office of the Department of Public Works of said City. The ,cost of the improvement herein provided for, except street and alley intersections, shall be paid by special assessment to be elvied upon the prop- erty specially benefitted, to the amount that the same may be legally assessed therefor in accordance with an Act of the General Assembly of the State of Indiana, entitled - " An Act .Concerning Munciicpal Corporations," approved March 6,1905, and in accord- ance with and pusuant to the provisions of all acts amendatory and supplemental therete The cost of all street and alley intersections, including one-half of the width of the improvement opposite street and alleys which run into, but do not cross said roadway herein proposed to be improved and that portion of such street or alley abutting upon property belonging to said City, or upon property not subject to such asessment, shall be paid by the City in cash out of its general fund, if able to do so, or from a fund created by a special assessment to be levied under the provisions of Section 101 of the above entitled Act. Assessments of ten dallars and more agairrist each lot, if deferred, are to be paid in ten equal annual installments, with interest at the rate of Six per cent per annum. A bond or bonds will be issued to the contractor to' the amount of such deferred assessments. in pro rata payment for such improvement. Under no circumstances shall the City of South Bend be, or be held agsponsible for -any sum or sums due from said property 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 for such work, except for such moneys as shall have actaully been received by the City from the assessments for such improvement, or such moneys as said City is by said eneitled Act and amendments and supplements thereto required to pay. All proceedings had, and work done in the making of said improvement, assessment of property, collection of assessments and issuance of bonds therefor, shall be ps provided for in said above entitled Act, and Acts amenda- tory thereof and supplemental thereto. BE IT FURTHER RESOLVED, That the Board of Public Works fix the 25th. day of August,1914 at the hour of 7:45 P.M. at the office of theBbard of Public Works of this City, as the time and place for the public consideration of said proposed im- provement, at which said Board of Public Works will hear all persons interested, or whose property is liable to be assessed for said improvement, and will decide whether the benefits to the property liable to be assessed for said improvement will equal the estimated cost thereof. BE IT FURTHER RESOLVED, That notice of the .time and place of suhh public consideration be published and mailed in the manner provided by law. Notice of this resolution.shall be publiseed on the 24th., day of July 1914 and on the 31st. day of July,1914 in the South Bend Daily Tribune. Adopted this 21st, day of July21914. BOARD OF PUBLIC WORKS. President.