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HomeMy WebLinkAbout11/02/1921 Board of Public Works Minutes-19 WRdbesd&y Nyember 2nd., 1921. Board met in regular session at 7:15 P.M. ALl members present. ity;Attorney and City Engineer present. Yeari.ng had on assessment roll and finalestimate for pavement on Chestnut Street from Washington Avenue to.Lake Shore & Michigan SOuthern Railway COmpany. under Imprvement Resoluton NCO. ,85.1. In.the City f.SOuth Bend, Indiana. a i In the above matter no rerjonstrat.ors appeared and no written re In was filed. The Board therefore find that the property assessed in said roll filed October 22nd 1921 is benefited in the amount of assessment, as shovm on said rolls and the T30ard further, find that ` the assessment roll filed October 22nd.-1921 and the ,final estimate allowed October 22nd., 192.1 should be and the aga same are hereby in all things, ratified., confirmed and approved. Tearing had on assessment roll and final estimate for pavement on Emerick Street from Creseent Avenue to the south lihe of COrby Street.. under IMprovement Resolution NO. 889. IN the City of South Bend, INdiana. TZT'the above matter remonstrators appeared, and a written remonstrance was filed byATtorn.ey S. Hubbell for the Michigan Central Ry. COmpany. Attorney, Hubbell J. D. ELder .and °Mr. `PHelps EX. gineers for the Michigan CENtral Railway Company discussed the'ouetion of ownership of land with GUy D. Staples of Staples and Hlld&rand and ATtorney HUbbell requested extension of time. He BOArd after hearing all parties' interested in said assesmmat roll find that the party assessed in said roll filed fictober 22nd. 1921 is benefitted in the amount of assessments as shown in said roll -and the Board further find that the assessment roll filed OCtober 22nd. be changed as to lots 8-10-11 and the assessments against these lots.are hereby confirmed against STAples & HMkdebrand and the Michigan CENtral RY. CO. as,their interests may appear. REmontrance of Michigan CEVtral RAilroad COMpany is hereby ovt-ruled and -the final estimas allowed OCtober22nd. 1921 Should b-heand the same are hereby in all things confir-ned And approved. as modified. HEAr. ing had on assessment, roll and final estimate for the resurfacing of the SAID+ple Street BRIdge, JEfferson Street BRIDge and NORth MIChigan STreet BRIDge under IMProvement RESolution NO. 888. TN the City of South Bend, INdiana. In the above matter mo remonstrators appeared and no written remonstrance was filed. THe BOArd therefore find that the property assessed in said roll filed October 22nd., 1921 is benefitted in the amount of assessments as shown on said roll,_ and the Board further find that the assessment r1l filed OCtober 22nd. 1921 -and the final''estimate thereon allowed should be and the samea-re hereby_ in all things, ratified confirmed and approved. Hearing had on assessment roll and final estimate for pipe .sews r on Paris. Street -from Penn Avenue to Wenger Street., under IMprvement Resoluton NO. 900. IN the Clty of SOUth Bend, Indiana. IN the above matter=noremonstrance was filed and no remontrators a ' appeared and the BOArd therefore find that the property assessed in said ril filed October 18th. , 1921 is benefitted in the amount of assessmen ca as shown on said; assess ment r1l and th BOArd further find that the assessment roll filed October 18th. ; 1921 and the final estimate allowed October 18th.., 1921 should be and the same are hereby in- all things, ratified, confirmed and approved. Hearing had on assessment roll and final estimate for pipe sewer on Hoffman COuttfo from Penn AVenue to Wenger Street, under IMprvemexit RESolution NO. 895. IN the Clty of SOUth Bend, INDiana. The BOArd therefore find that the property assessed in said roll filed OCtober 18th. , 1921 is benefitted in the amount, of assessments as shown on said roll and the BOArd further find that the assessment r&l filed October 13th., E 1921 and the final estimate allowed OCtober 18th., 1921 should be and the same are hereby in all things, ratified , confirmed and approved. 9P.r^.3DnesdE.;sT November 2nd.- , I�3?1. C.Crtiru`ed A, 3�._ ITODs.on 4'35 LA MONt-e Terrace granted'permiss on to place drive way, in street, drainage to be subnit to t'1_e approval a the City engineer tvorlc to be dare under he supervision ,of t-..AS"+'reet COmmi.ssioner. P"g neer filed assessment roll and final zdt-iroate fcr pipe sevrer on ALL,ey east at St. Peter Street from TEA SAlle AVenue to CL'fax AVenue, ' under IMprovemen Resolution YG ` 009, A.the Clty of SJ zth Deno, IYdian.a Resolved that notices .as to tho assessments be published laz on they 14th.. day of November 1921 and on the 21st. day of November 1021 It the South Bend Daily I7EwsTIlves, stating that this ..F;OArd will dive e, he8ripg on the amount of such assessments at itsoffice in the CIty HALI on the 7th. day of DEcember 1921 at 7:L5 P.M. Resolved further, that the. entire work under the above contract be accepted and the final estimate allowed. He following resolution was aplepted by the . BOArd. C6PY Of COND90ATIOF RESOLUTION Ko 64. ` RESrvlved, by. the BOArd of PUBLic WOks rof the Clty of SOUth Bend, INDians: THAt the -following doserlbed property be -appropriated for use of said city; BEginning at t12o : nmt&r ee.tioa of the south line of COrby STreet and the east line of TIIRNack STreet; thence east on the south line of Corby STreet 6 feet;- thenee south parallel `with' and 40 feet east of the west line of TURNock STreet to the slouth- line of lot 23 SORin'S first ADDition; thence east on south line of said., lot 3:3 feet; thence south to the south line of. the first alley north of SOUth BEND AVenue; thence west on -the south line of said &,11wy 4._ 9 feet to a point 40 feet east of the west line • of TURNOck STreet as now platted.; thence south to a paint on the northerly line of SOUth BEND AVM*,40 40 Not east of the west line of said TUrnock STreet; thence southwester- ly an the northerly line of SOUth BEFd AVenue 12..6 feet to the east line of TURNock STreet.as now platted, thence north ora said east line to the north line of lot, 20 in SORIN'S fIRSt ADdition;, thence east t-o the west line of. lot 1 in MARbletS SUBpdivie©n of a part of lot 19 SCrin:'S LSt. ADDition thence nothh on the west line of saiclot -1 tothe place of beginng. 'THe following described property may be i� riously or benefiaally *bted b appropriation • is the " y such, property herei :proposed to be appro- priated all the lots and parcel of . lots . ar.d tracts :of land lying within the tollbwwing described territpry. B�,ginning at the intersee.ti.oh of tho south llhe of CORBy STreet and the first alley West of TURNock Street, thence south AAg the said alley and said alley extended south.to the northely line of SOUth $En.d AVENue; thence northeasterly on the northerly line of SOUth BNnd AVENue . to the west line of ST..PEter STReet; thence north on the west line of ST,,. P ter STreet to the south line of Corby STReet; th-ence :west,on the south line *f -CORBy STreet to the place of beginng THe purpose of such appropriation is WIDENing of TURNock STreet to a uniform width of fORTy (�40 l €set. NOTIce of this reslution• shall be published on the 9th. day of NOVember 1921--and 16th. day of NOVEMber. 1921 in the SOUth BEND No -re TIMES t THIS BOArd at its Ofice-in the CITY HALL on theL7t day of DEeember'1921 at 7 :L0 P.M. will hear and receive remonstrances From all persons interested In or affected by these proceedings. ADORted thid 2nd. day of NOVember l92'1 G. A. ELLIOTT BOARD Of ' PDBLIC WORKS H. f . ROSTISPR ATtested:. JOHN f DEHAVn Veronica C.. Swe'eAey Clerk of the BOArd. 721.1 Wed esda NOVember 2nd. , 1921. CONtinded. THe following certified copy of COurt Order regeived d_placed on file and CLErk instructed to rettrn,bidding checks to contractors on MAin STreet. State of Indiana St. J'OSEph COUNty, ° 'IN;the ST. JOSEph CIRcuitCOUrt September term, 1921. IN THE MATTER Of THE REMONSTRANCE � AND OBJECTION Of PROPERTY`OWNERS ) TO PAVEMENT Of MAIN STREET fROM ) INDIANA AVENUE 0 EWING AVENUE IN ) ` THE CITY Of SOUTH BEND, INDIANA, ) ORDER: COmer, now RUth MUDgeo and others, who have heretofore filed their. objections and remonstranoo against the taking of any further action by the COMM n COUNcil of the City of SOUth Bend; INDiana, or the BOArd of PUBLic WORKS of said CITY of-SOUth BEND, INDiana, :in the ;matter of improvement RESOLution NO..674, or in the matter of the improvement of b6AIN STreet by pavement, between INDiana ?Venue and Ewing AVenue, as provided -for -by an Ordinance passed°by the Cmmmon COuncil of the CIty of .South Bepd, INDiana, -on the 26th. day, of September 1921, entitled " AN ArDinance ,ordr ordring the improvement of MAin STreet from IrvDiana AL'ENue to Ealing AVENue by pavement., accompanied;by a bond satisfactory to the,COUrt. AND the COU _t having fixed the lst. day of NOVEMber 1921 as the date on which a hearing and trial of said objections and remonstrance should be had, and the COMMOn COUNcil of the CIty of SCUTH BEND, by the CITY CL k and the members of the BOArd of PUBLie WORks of the CIty f SOUth BFND, INDiana, having been Informed and notified of the date of said hearing and trial, and appearing in COURT by THOMAS W. SLIck, CIty Attorney of SOUth BEND INDiana, said objections and remonstrance are submitted to hearing and trial before the COUrt without the intervention of a'JURy s AND the COUrt having heard the evidence and being duly advised in thePremises , finds in favor of the objectors. IT is therefore considered, ordered and.adjudged by the COURt that th said BOARD of PUBLIC .WORKS of the CIty Of SOUTH BEND, or said COMMON COUNcil of the CITY of SOUTH BEND., INDIA a, has no legal authority to order said improvement, and that any and all action ofi sibps taken by said BOArd of PUBLic WORKS of the CIty of South Bend., and the CMMOn.COUNcil of the CIty of SOUth BEND, INDiana, in reference to the adoption and passage of an bRDINAnce entitled " AN OP.DINANce ordering the improvement of. MAIN STreet from INDIANa AVENUe to EWING AVENUe by pavement", was"illegal, bot.authori` authorized �by law, and all such proceedings are,null, void, and without effect to bind the pvvners zof..-rea1 estate abutting on said MAIN STREEt, and liable to assessment for the cost f such.improvement, and that said COMMON COUKeil of the CITY of SOUTH REND, and said BOARD of PUBLic WORKS of said CITY had no jurisdiction to order said improvement` or to pass and adopted an ordinance ordering laic imprvement at this time said action; was taken, and that the costs of this proceedings should.be taxed against the CITY of SOUTH BEND, IN1� ana. THE sureties on the bond heretofore tendered and accepted by -this COU t conditioned upon the payment _of costs.by said objectors and said',remonstrators in the event that said costs should be taxed agItnst them are now hereby released and fully discharged from any further liability on account of the execution of said bond. DATED this 1st, day of NOVEMBEr 1921 LENN J. OARE JUDGE, pro tem ST. JOSEPH CIRCUIt COURT STAte of INDIANA ST. JOSeph COUNty?? SS I , WILBUr M . WARN Er , CLERK of the C IRCUIt COURT within and for said COUNTY and STATE do hereby certify that the wthin is a full, true, emplete and coerect copy of the original order of the said COURT in the said cause as the same was entered on thelstrI.,deyvroffNOV, 1921 and as the same appears of record and on file in my office. IN TEStimony, WHEREOF, I have hereunto set my.hand and affixed the seal of the said COURT at SOUTH BEND,-INDIANA this 3rd. day of NOVEM'Ber 1921 WILBUR M . WARNER ,� CLE ° s . - fib, EFi� C-Rcuit NOTE: THIS copy of. COUR j,'shOu d be in COTTP.T minutes of 6th. NOV,'1921 put in ' } BY MARgaret LUNG, DEPUty. throughskerlcal terror)