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HomeMy WebLinkAbout10/13/1920 Board of Public Works Minutes} Board met in regular session at 7- 15 P.M. John F. De Haven absent* Hearing had -on as$-essment .r:oll end f.inal�est a�rpipe sewer on Garst Street: from Michigan Street ta`1a �'�te -Street, � ,Zm ove t Res -htion Fo• 709. In ` the City of, S outh Bend., Indiana. Upon sa id hear ift memonstraters appeared and Written remonstrance, were filed.. Attorney . Crumpacker appeared before the Board and represented the Pittsburg C inc innat i Railway Company and filed written remonstrance and Miller Guy representing Heirs at lww of Carl Otto & Clara, F!oegley. After due eons iderat ion the Board deferred hearing until Wednesday Oat -*bar 20th. ,1920 at 7:15 P.M. The following remonstrances read and placed on file. State - of Indiana ) St. Joseph County : )SS Before the Board of Public Works of the City of South Bend,. in the Matter of the Stull Street Remonstrance against assessments by the Pipe sewer. ) Pittsburg , Cincinnati, Chicago & St. hou is Railroad C ompsny. The Pittsburg, C inc innat i , Chicago & S t . Louis Railroad Company, now remonstrates against the assessment of $415.32 of benefits against lot 19, in StulVe First Add it ion to the City of South Bend, St. Joseph County, State of Indiana. now owned by it, upon the following grounds, and for the following causes, t owit s -• 1. The area of said lot 19 assessed for benefits is 55 ft. X 66 ft. whereas this remonstrator awns of said lot but 50ft. X 66ft. And the amount of 415.32 assessed is assessed SgainstL it as the owneir of 55ft. X 66 ft. of said lot. 12. ,And` for further- ground of remonstrance,, this remonstrator says that the part of said lot 19 owned by• it: is assessed for the construction of said sewer unequally with other lots and property occupying the same relation to said sewer as the part of said lot 19 owned by it occupies to the sewer, in this; That lot number 3 in said additim is assessed to the depth of 48 ft, only whereas the part,of said lot owned by it is assessed -to a de p�h of 66 ft. and lot number 49 in said Stull s Add it ion is assessed to s , depth of . 33 ft. only, . Whereas, as stated above, the part of said lot 199 owned by it, is assessed to a depth -of 66 ft. And -for yet a further ground of remonstrance; this remonstrator says that the beginning of said sewer is in the center of Stull Street and from 6 ft to 8 ft. distant from its right of way and any land owned by it or under its crontrolr _and that none .of its land, right-of-way or property abuts upon said sewer. . 4. And remonstrating against the assessment of $415.32 against the east 50 ft. of lot 20 in said Stull s Add it ion, . the remonstrator says that sa id lot will not be benef itted in any amount whatever by the construction of said Stull Btr*'at sewer because of the fact that the -slope and level of said lot 20 and of the right of way and property owned by it between said lot 20 and the Grest, Street eewor is such that the draiaage from said lot and the right-ofway is towards and into said Great Street sewer and not towards and into said Stull Street sewer. 5. For a further ground of remonstrance the remonstrator says that it owns but 50 ft. of said lot 20, being the ;East 50 ft,. thereof, and that it has been assessed as the owner of the east. 55 ft. of said lot. P. C. C. & L. RY. CO. BY SAM$EL PARKER. FILED OCT. 13s1921, BOARD 0 P PUBLIC WORKS BY G. A. �+ ._ , Wed -nee Oct ober,13th.,i92 Continued. i z Bettre the Board of Public Works, Of the ,City of -South $end, lndianaf; . '. Gentlemen: - The Pittsburg, CAfte'I halt , Chicago, & St. Louis Ry., Co, remonstrat ng against Its assessment .for benefits OW6061Ount of the Garet Street sewer it says that itRremoABltrates against" said assessment of 23g.G2 upon the followiag grounds; The assessment against 1st 45 of Stunts First, Addition to the City of 8outh'Bond owned by it is of an area of 55 ft* by 66 ft. whereas this remonstrator owf of so id lot but 43 ft by 6 ft. 'T. The Batch. basic: located on the north side of said Garet Street is not on the. r ight-ofway* real estate or- ,property of this remonstrator do*s_�not. prow ids. dra law for its rigbt-ofway and property. As new located, it is on the flow line` of a curb and gutter and is entirely.cut off from th,# remonstrotc:r's right-oPway and property by a sidewalk. The surface water on the East side of out *t to the Forth. on -a 5%,: grade and. cannot enter this . cstch basin., The remonstrator now asks that the assessments made upon the assess sent roll ag it it and said,lots 19920 and 45 be modified and reduced in.acoord ce with- t :e requirements of . law and justice. THE PITTSBURtk, C INN, AT'1, M.-MBA 0 & ST. LOU4 RAILROAD CI 'i Ny. FILED BY SA)AUEL, RKER OM 13,192b, i t Its. Attorney., _ BOARD OF PUBLIC WORKS lY 0. A. ELLIOTT President. = f STULL STREET PIPE SEWER IMPROVEMENT . 3UPROVEMENT 998 OLUTIOW . _ 10.4 7920 _ BerBro , the Board of Public Works of the City of • South Bend, State oP Indleas. =080 CE OF TEZ HEIRS AT LAW OP.4L 0140 & CLARA POEGLEYQ r n k k 'fud.abo Boerd of- Pub to, Works: Your remonstrators, Nellie McClellansad Mildred ro, lay both of lawful ; age, and Robert C. Fsegley and' Emma E. Poegley, Minors, by adrt 00CA114n, their 4 It qualified and acting Quard lea, respectfully. stair that they- aro the. sale and only heirs at law of said Carl Otte and Clara 1 . eegley, bO%1h deceased, sud are .the owners as tenants in common.of lot nutber. Seven %7i In Stull"s Second Addition to the City of South Bend, in the State of That said rear estate has been assessed for the Improvement imown as the Stull Street Pipe sewer, under improvement Res slut ion No. 792, of -' 10ur aoard, adopted .June 9th.,. 1920, ,for ea urea ; of .;gg by 84 feet" in the 8-,,um of, 702.19; krzdsald owners hereby remonstrate"_ galast the sold assessment at aafd real estate upon the following grounds, "toi►it: - 1. That the amount sty ""oed against sold lot or parcel of 14WU excessive; 2. That •said real estate is fiat W#n'*fltted and will not" be batef fitted by said improvement in said amount; 3• That said real -estate 013 not be ben*f itted in any amount whatsoever by said pipe sewer. 4. That 8614 lot UAWDOr ewed ;fronts on South Lafayette Street in the said City of South Boud, and bas three ditliing houses erected -and' already w located thereon, one. of which is 30tnd �voft tha ast:i portion of said lot alle ed to bo boattit" K ,ripe eeWtr.l end ee►ch of said swelling houses a aepsrr ehd indepa Viewer 00=ootian *ith 10d into the.s¢wer along and In Ls ywtte 80eet f s V Itys and #h ch pe066e 1h t rbnt ° e f said lot; that aaad entire lot Number ryas e1 . 8seg for thk s o f -+ ilon of $yid Lafayette St�'est aev�er 3n � whish s tassss�enl� has been fully P*4-,, 1y the IS 5 4Wednesday October l th 1 O Cora uedi °~ owners of said lot; that the said dwelling house located upon the portion of said lot which has , been assessed for said Stull .Street Pipe surer has its separate. and ndtpandent sewer connection With and into said Lafayette Street Sewer. Wherefore the said owners remonstrate age Ut ssid assessment in the, amount stated and set Forth in the assessment roll filed herein, and ask that said real .state and ' these' rermonstrators 'be relieved fr can ` the payment thereof. _ MILLER GUY' o FILED Attorney for the Remonstrators. , OCT 13,1920. BOARD OF PUBLIC WORKS B G. A. ELLIOTT . , Preis ident. Rearing had on assessment roll aid final` estimate for P1pe sewer on Stull Strwrt from Michigan St�eat to Franklin Street, -under IMprovemezit Resolution No 792. in the City of South Bend, Indiana. In the above matter remonstrators appeared and written remonstran ces were f iled.Attorney S. Crumpsoker representing Pittsburg, C. C. & S. L. R. R. Co, and Civil Engineer Graf is of said R. R. Co. appeared and filed written remonstrance, 9180 Attorney Miller Guy appeared ' represent ing the *Heirs of � Carl Otto and Clara Foegley and filed °written remonstrance, and other property Owners on Stull Street appeared and verbally, remonstrated against amount of assessments. The Board after hrar ing interested pOopesrtq owners present, decided to deE,fet all action on said Resolution until Wednesday October, 20th. 1920 at J!;15 P.M. Hearing had on assessment roll and, 'f ival. est i ate f or pipe sewer on Walnut' Street from Sample Street to Ind isna Avenue, under Improvement Res glut ion No. 70 In the C itY'of South Bend, 'Indiana*' In the above utter no remonstrators appear d and no written remoA- strance filed. Board ordered sa id assessment roll hear iag deerred until October 20th. , 1920 at 7:15 P.M. r g•arang had on assessment roll and final estimate for Pipe sewer on Division Street from Meade Street to Olive Street, under Improvement Resolution No, 739 In the City of South Bend, Ind ions. in the abvvo matter remonstrators; appeared but no written remote- 1 strance filed. ( Miss Frances Thurman appeared in person and remonstrated against the amount of assessments on property owned by Trustees of. C.L Studebaker estate, ) The Board therefore find that the property assessed in said roll f iled September 22nd. 1926 is benef itted is the amount off' assessments as shown - on said rolls, and the Beard further find that the assessment roll filed September 22nd. }920 and the final estimate allowed September 22nd.1920 should be and the same are hereby in all 'things , ratified,, a onf irmed and approved Hearing had on assessment roll awd f inal estimate for pipe sewer on Catalpe Avenue from Indleng Avenue to Oliver _Streit (Bruce Strest) ,under Improvement Res.olut ion No. 741. In the City of South Bend, Indiana. In the abeve matter no remonstrators appeared and norrwr ittvu remons re ce Wasfiled. The Bpard therefor* f ind that the property •assessed in said. roll f il-a�d. September 29th.,192. is `'bentfitted in the amount of sessmeats as shown on said ` rQ1 a.;._ aid the -$bard further f ind that the ssseaataent roll filed September 29th. 1920 slid the f lnal est imat+ ' `all©wed septemher 29th. ,1920 should be and the same „are hereby In all things, Pat if od. a6jifJr-axed=end apprevsd: Wtunday October 13 h, 2. 1920 Cant idwe : Hearing had an assessment roll and fine l east imate four water conpect ions on Beale Stfo,?t from :pertege Avenue to, •Kessler 82 vd. render hprovement Resalut Ion No.,; 807, In the' 'City of South . Send, Indiana. In the above matter : no remonsLratvrs eppeared,' and no written remos-, *trance was 'f iled. The Board therefere Find that the property, assessed in slid roll, _ f il*d September 24th.,100 is bOutfit;ted in the amount of assessment$ as s�tdwn on $aid; roll, and the Board further Find that th asaResament roll Filed Septeaiber. 24tir,,1920 sand the ffnai-<es•t�t`ate :s114*ed September 24th.01920 should be and the is hereby ins. all things,'' rat Ifi*d, 'confirmed and approved. Heariag had on assessment roll and final., estimate for water vonneations on gaUoy ;Avenue from;M ami Street to Leer Street, under. Uprovement resolution No. 820 ;In .the City. of South. Bend, iadia"* In the, •above matter no remonf-trators appeared and no *rStt ; rsmen- strscs wear !' filed.` The BBsrd ` therefor% .find .that the property - asiartsad In said roll filed September 24th.,1920 is benefitted in the amount of as:aesments as shown on as id roll and the Board further find. that the sasa8sment roll filed September '24th:, i920 -and- -the flual -,estimate allawed -September 24th.,1920 should be and the soma are hereby in all things, rsgiflod confirmed and:` approved. Hear IRS ,tad a Resolut ion No.. 841 for grad*, curb and walk on Oakl d Street from Mishawaka Avenue to Boulevard, unifier Improvement 'Resolutio�t T© 841. In the ' C ity of South Bend, • Iadiana. Upon said hearing no renomatrators appeared sad no -written rem_ on- atranes filed. And the Board Being fully advised in the premises, decides that the benefits to property liable to be assessed for said improvements are equal to the estimated cost of the same, -,as reported. by the City Engineer,, and • thereupon takes final action on said resolution as origi"lly adopted, and the same is hereby In all things ratif lode , confirmed and approved. Resolved further, that notices be published on the 14th.dsy ,of , October 1920 and on -the 21st. day of October 1920 is a newspaper of general d iticulat ion in the City ( The South Bead Dail Tribune stating - y ) ing that this Board 4111 receive bids for the construction�of said .Improvements up to 10:00 A.M.-!-onthe - 29th day of October 1920. The .Board reserves the right to reject any sad all b idse Hearing had on resolution !'or grading of alley east of pellows Street From, Ind -cans Avenue to Haney A�rtnue, under Improvement. Res olut icon No. 642, IN the C itq , sf South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remon- strance was !``ilad The Beard therefore being fully:advised in the premises*: decides yhat. the benefits to property liable to be assessed for said improvement hre equal o-the esadx. oust of said 3mpr`ovewents are equal t©. the est lusted cost' of - - ef the l awv�usss�reperted'.by, the City` CivY1 Engiaeet, aftd thereupon takes flaal acts on said resolutiom"as or%laally adopted, and the same * is hereby' iA all things, - r at if. led _ c oaf fraed -and approved. ..Resolved further, that notices be published ' on the 14th.• day of October 1920 and on the 219t. -day of October 1920 in than South Bend Daily Tribune stating that, this: Board will receive bids for the oonstructdon of .said improv.emont up �te1'10 00 A.M. on the 29th. day, of October 1920. The -Board reserves the right to reject any and all bids. _ Hearing had on resolution for pipe sewer as F*c Street from St. josepb Street to. Michigan Street, Lander Improvement Resolution No. 844 for the .:City of_ - - South Bend, Ind Jana* In the above matter Ro remonstrators appeared and ne Wiltun rem- - strande was: f ilad. And the Board being; fully advised_ An the press sect- .decides tl'tat the benefits to property liable to ,be assessed for. said improve�rntis salve equal -taF the estimated coal of the same, as rapsated' py the City C IV 4 N=�-inear, and the -re takes !'final action :on -a I'd resolution as originally adopted, Mid the same ' is horeby- Ai 4XI #h izgss rat if i*d, a oaf irwed and approved. lei 1, i Hearing had -on resolution for pipe seweron Harper Court �rom the St. Joserph River to a point 80 feet east of th3 easterly. line. _of Lincoln Wty West and Edge water Dr ive fr om. Harper Court tm- a po int 80 -feet worth of the port h,1 ins of Harper Court, under -Improvement Res plut ion No. 845. In the City of South Bend, nd iana, r Upon. said hear ino.. as remonstrators appeared. and no written remonstrance was filed, And the -Board t ojng., fully adv1sedL in the premises, dec idea that .,the benefits to property liable to be assessed for said improvements area equal. to the' e�itimated cost of the same, as replrted by the City CivilEngineer,,and_°thereupon takes fnal,aetion on said res glut ion as 'or ig inally a ad optod, ' and the same is hereby in all thibgs; ratified, c oaf firmed and approved Resolved further, that notioe's be published on the 14th. day of October 1920 and on the 21st. day of October 1920. in, the South I Bend Daily Tribune, stating that this Board will receive bids for the construction' of said improvements up to 10:00 A.M. on the 29th: day of October 1920. The Board reserves the night to reject any and all ; b ids . Est imated cost ,., of 1..,P ipe sewer on Harper Court from River to `i, inc oln 'Nay East and ih Edgewater `Drina from. Raper Court northerly 16o feet filed by the City Eng lager at..... . , ...... 39315.00 Estimated cost of pipe sewer on Fox Street from St. Joseph )Street to Mlahigaa Street filed at City Engineer at......... ..... 2.45000 ° 9 Estimated cost of grading of alley east of Fellows Street Jr OM Indiana Avenue to Haney Avenue filed at ........................ 110.00 The following resolution approved by the Board. STATE OF INDIOA, I COUNTY OF ST.: J08i$p"g Board of Public Works of the City of South Bend, Ind inns. In the matter Of a pet it ibn the Michigan- central Railroad :Company, 'for permisa. ion to lay a track across Wil Ut raet, in the City of South Bead. ° R E S 0 L U T I O N. Whereas the Petitioner:, Michigin Central Railroad Company,, heretofore on this the 12th, day of October 1920, filed with this Board its pet it ion for permiss ion:, to construct and maintain a track ever Walnut Street, in the City of South Bend, And Whereas - this Board being fully advised in the premises f inds,: that,, s ici Petitioner is a railroad corporation duly organised and ex.ist:i under the lows.of the State of Miehigsn; that it owns and operates a steam railroad in the City of South Band; and that it is a common carrier and subject to the laws of the ..State or of .the United States governing common. Carriers; that said Petitioner now has , and, maintains ns three tbaeks over and upon acid Walnut Street; and that foemerly said Petitioner shad and maintained a- fourth track ever sad upon said street when the same was kMown ae Union Street but which was taken up, on .aecoust Of the elosineas of the clearance to the property along the South line of said. right of way; that said petitioner serves the Studebaker Corporat lea and other industries in the City of ` South Bean; and that the construction- and maintenance Of - said track is made necessary in order that said Petitioner may properly serve said indus- tries and carry on its duties as a common carrier- is the public: and is particularly made necessary by the fact that the New Jersey, Indiana and Illinois Railway Company was - granted a right to construct a -spur, track from its` main line in the City of South Bead to the Plant of the ."Studebaker -Corporat fan, organ tug P*VLt honor's railroad on Prair fie Avenue; which made it necessary, in the Interest of public convenience in the use olf ,said street, And the carrying of freight by said railroads ever st"d atreet, that said Pat it inner m9vo. its ,yard tracks now upon;esid .street to, Went In order that said street and said railroad- Oro---- might be reI2oeed from able ev estion.