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HomeMy WebLinkAbout10/10/1917 Board of Public Works Minutesc � r Board met in special session at 10:30 A__.U. Mr. A. H. Rice absent. The following waiver was filed by The Harter Realty Company by H. P. Harter and the Brame was read and placed on file. South Bend, Indiana Oct.'-10,1917. W A I V E R To the Hohorable Board of Public Works. South Bend, Indiana. Whereas, the Board of Public Works of the City of South Beno, Indiana did on the loth. day of April 1917 adopted b preliminary resolution for the improvement- `of Pokagon Street , Peashway Street, Napoleon Street, St. Joseph Street, Poster Street, and Stanfield -Street ; all in the Harter Heights Addition, under Improvement Resolution No. 507. In the City of South Bend, Indiana* And whereas, we, the undersigned, are the only ' persons owing property on said street and that we are along affected in any way by said improvements, and that we are the sole owners of the separate parcels of land bordering upon said street. Therefore, for the purpose' -of 'aaving time and expense , we the undersigned do hereby waive all objections and defense to any defent in said proceedings, and to any violation in procedure for the improvements of said streets as fixed by Section 8710 of =Burns' Revised Statutes of 1914. We further consent that the cost of doing said work shall be assessed against the different parcels of real estate Owed by tka us provided by Sections 8710,8711 8714,8715,,8716,8717,-8718 of Burns' Revised Statutes of 1914, and all acts and laws amendatory thereof er supplemental.thereto. And we further waive any and all objections to the fact that no advertisement for hearing on assessment rd.11 was published as required by law and agree that no Lice given us by mail shall be sufficient notice of th_� hearing -upon the assessment made for said improvements. G ivenunder our ,hands on the day and year first above Mentioned. THE 'HARTE ?REALTY COMPANY r BY H. P. HARTER The following notice was filed with the Board by the Chicago, South Bend & Northern Indiana Ry. Company and resolution approved. TO THE HONORABLE MAYOR AND BOARD OF PUBBEIC WORKS Or THE CITY OF SOUTH BEND, INDIANA. Gent l eme�g�- The undersigned, Chicago, Soutb Bernd & Northern Indiana Railway Company desires to take advantage of `the provisions of an Act entitled " An Act Concerning Municipal C orpori�t Inns" approved March 6,1905, and particularly Section, 255, and all amendatory and supplemental acts thereto providing for the manner of payment for the paving of streets and alleys in cities and towns, for the issuing and sale of bonds therefor and for the collection of same, and for such purpose hereby expressly waives all objections on account of illegality or irregularity of the- proceedings ,had for the improvement by paving of Broadway Street from Franklin Street ,to Miami Street in the .City_,of South Bend, Indiaa,a, as designated in Improvement Resolution Number 491 adopted by ;gad City, and request that said City take such action and do such things as may be necessary to entitle the undersigned to take advantage . of the provisions of this act, and to include in the amount of the bonds to be issued or sold the entire cost of that part of the paving improvement properly chargeable and assessable against said Company. CHICAGO,,SOUTH BEND & NORTHERN INDIANA RY. CO., SAMUEL R. MURDOCK Secretary. Dated this 3rd. day of October 1917. r` ont inu WHEREAS', the City of South Bend, India,ra,, Public Works , heretofore by improvement resolution No'. from Franklin Street to Miami Street now in the City o by pav ing the same; and by and through its Poard of 491 caused Broadway Street, f South Bend, to be improved WHEREAS, the Chicago, Suth Bend & Northern Indiana Railway Company occupies ;a portion of said street for the operation of its electric railway, and by the terms and conditions of its franchise is required to pave a portion of said street, and WHEREAS, the portion of said street required to be paved by said Railway Company was paved by the Western Construction Com-oany, a corporation of the City of Lafayette, County 6f ,,ippecanoe and State of Indiana, as contractog for such work, and same was completed by it as such contractor and accepted by the City of South Bend on the llth* day of September,1917; and WHEREAS, the said R�iiway Company on the 3rd. day of October 1917, executed and filed with the said City of South Bend its stipulation and agreement waiving objections on account of any illegality or irregularlity in the proceedings had for such improvement of said street and requested the City to issue bondstte procure ,funds with which to pay that portion of the cost of said. improvements, chargeable against said Railway Company in the manner provided by an act entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, and all manedaty and supplmenetal acts thereto: and WHEREAS, it appears that the amount chargeable to and payable by said Railway Company by reason of said improvements amounts to -the totle sum of Twenty -seven hundred four and 4*00 ($2704.48) Dollars with interest from the eleventh day of September,1917, to the first day of June ,1918: NOW, THEREFORE„ BE IT RESOLVED that ten bonds be issued in accordance with the powers vested in said City by virtue of the provisions of said act, the firb of which bonds shall be in the sum of Two hundred and seventy and 88/100($270.88) Dollars, due May first, 1918, with interest evidenced by coupon attached to said bn3dd48* the total cost of said improvement, to -wit:- Twenty seven hundred four four and 48/100 ($2704.48) Dollars,•from the eleventh day of September ,1917 , to the first day of June,1918, said interest being in the sum of One hundred sixteen and 74 /100 ($116.74) Dollars. And the balance of which said bonds shall be due and payable respectively one(1) , two (2), Three (3), four (4), five (5), six (6), seven (7), eight -(8), and nine' (9) years after the said first day of May, 1918, and each .of said bonds ( except said first bond) s rall be in the sum of +Wo hun.d3edd seventy and 40 /100($270.44) Dollars, and all of said bonds shall be numbered consecutively from one to ten inclusive; and all of said bonds (except the first thereof shall have coupons attached evidencing the interest payable on said bonds, which interest shall be at the rate of Six per (6%) per cent per annum from the first day of June,1918, payable semi annually on presentation and surrender of the coupons as they severally mature , and the coupons of each bond shall be in the amount of the interest due semi-annually on the unpaid balance of the total pr inc iapl sum of all of said .bonds. Said borids shall be pe.yable in lawful money of the United States without relief from valuation and appraisement laws and attorneys' fees. Said bonds shall have the same priority over 66her liens as have assessments for other street improvements and shall be a first lien on all the property, assets and franchises bf said Railway Company in the manner and to the extent provided by law. October 1917. Adopted by the City of South Bend, Indiana, this loth. day of E . M. UO RR IS JOHN B. WEBER Board of Public Works. z President.