HomeMy WebLinkAbout09/25/1918 Board of Public Works Minutes221
Board mete in regular hearing at 7:1S P.M. Yr. H. F. Rbst leer ,absent.
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Hearing given on C ondemnat ion Resolution No. 52 for the purpose of
opening of an alley north of Mad is on Street from Lafayette Blvd. to the 1st. alley
west, in the City of South Bend, Indiana.
In the above matter remonstrators appeared and a written remonstrance
was filed by Attorney H. A. Wair, representing the School City of South Bend, Indiana,.
in words and figures towit: - This remonstrance filed in complidnce with the agreement
of the Board at the former meeting held August 28th.,1918, and said remonstrance could
be filed upon the return of Mr. Drummond of the Schoil Board of this City, he being
absent at the former meeting.
alley.
A number of interested property owners appeared for said opening of
The following remonstrance read and placed on file.
TO THE -BOARD OF PUBLIC WORKS OF THE CITYOF SOUTH BEND, INDIANA.
GENTLEMEN:
The undersigned, The School City of South Bend, Indiana, which is interested
in and affected. by the proposed opening of an alley across the north end of the premises
known as the Madison School property located at the northwest corner of the inter_.
section of Madison Street and Lafayette Boulevard in the City of South Bed, which pro-
posed alley is more specifically described in Condemnation Resolution No. 52 of this
Board, remonstrate against the destruction of the present Madison School real estate
unit and against the establishmnt of such proposed alley andagainst the condemnation
of the land proposed to be condemned and taken under said resolution, on the following
grounds:
First, That said property has been for many years past, and now is, devoted to
public uses, to -wit:- public school purposes; and therefore both this Board of Public
Works of the City of South Bend, and the Civil City of South Bend are whobly without
power, authority or jur isd ict ion to condemn the real estate described in said resolution
or appr opr iate the same or any part thereof to al lejs, -c iv it city or other uses.
Second, That the opening and establishment of said alley would not be
of pub 1 is ut it ity.
Third. That the damages accruing from the opening and establishment of said
alley would exceed the benefits accruing there from.
Fourth, That the real estate described in said resolution is an intregal
prt of said Madison School premises and therefore the opening and establishment of said
alley would result in irreparable damage to the public school fiaeilities of the Uity of
South Bend and to this remonstrant.
Firth, That the properties in the immediate neighborhood of the proposed
alley are now fully provided with adequate street, alley and highway facilities,
Sixth, That the establishment of the proposed alley and the consequent use
of same for--autiemubile ad other vehicular purposes would create an every present peril
and danger to the life and limb of the children attending said Madison School, for which
there would be and could be no offsetting advantage to the public or those that would
be immedaitely affected by the establishment of said alley.
Seventh, That it has been for many years past and now is the purpose of the
School City of South Bend, Indiana, to increase the public school facilities upon said
Madison School premises as soon as the financial condition of said School City will
Permit, and that the land now sought to be condemned was acquired by the School City of
South Bend purpuant to that purpose, and that in increasing said facilities all of said
premises, including the strip of land porposed to be taken for alley purposes under these
proceedings, will be needed and essential for building and other purposes. And the
undersigned hereby represents to your honorable Body that portable sc:hool,buildings
are now located upon the premises affected by these proceedings and that said portable build
buildings are now being used to take care of pupils attending the schools who cannot be
accommodated in the main Madison School Building beciust of the congestion therein;
and that in the immediate future there will be further demands from time to time for addi-
tional portable buildings to be located on said premises and used for school purposes until
such time -and when §aid School City has increased the ldadi n ha�ol facilities by the
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construction of addit9nal permanent buildings upon said premisers. The undersigned
represents that such present and expanding needs for school . fac`ilities upon said
premises not only renO*rp it, wholly inadvisable and impracticable to devote any
part of the Madison School premises to alley or other c iv l c ity uses but makes .
it essentio; for said School City, in the public intererst* to . retain , unimpaired
all of said Madison School premises as a unit for school uses and purppses,
Respectfully submitted,
SCHOOL CITY OF SOU- T BEND
INDMU*
By HARRY R. WAIR
Its Attorney.
Bear ng had can assessment roil and final estimate for As-Phaltic c+an-
v czete pat.*n Blaine Avenue from Lincoln Way West to Portage Avenue, under
Irm €w ent 'Resolution No. 569. , In the C ity%. of South Bend., Ind iana.
In the. aboge matter no remonstrators appeared and ;no written remen-
strsnces were filed.' The Board therefore fed that the property assessed in said
roils f iled September lath.. 1918 is benef itted in. -.the amount of assess -meats as shown
on said ro,1,_1__s3 and the Board further .find that -the -aas*sssmont roll f Iled SepUmberr
13th:,-191.8 a i __the f'ina *,zt.imat+e allowed September, 13th.,1918 should be and are
hereby in ;:all -tt#s :ratified.,, -confirmed and approved.
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