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Tuesday, Sept ember 3rd. , 1929..
<br />Upon the recommendation of Cit r -attorney, I. S. Romig, the Board adopted
<br />the following preliminary resolution giving the Chicago, So zth Shore and South Bend
<br />Railroad the right to locate, construct, maim in and gperate its railroad tracks
<br />over and across certain public Streets in the City of oath Bend, Indiana:
<br />PR 'I,It,T_INARY RESOLUTION
<br />RESOLUTION OF THE BAORD OF PUBLIC 71OR1 OF TUF CITY OF SOUTH BEND INDIANA
<br />FIXING THE FORTE OF CONTRACT WITH CHICAGO SOUTH SHORE AND SOUTH B�d'`1D RAIL
<br />ROAD GIFTING SAID RAILROAD THE RIGHT TO LOCATE CONSTRUCT YAINTAIN AND
<br />:,• OPERATE ITS RAILROAD TRACKS OV7R AEM ACROSS CERT.'aIN PUBLIC STREETS ALLEYS
<br />ROADS AND HITTIVAYS OF THE CITY OF SOUTH BEND IND,IANA.
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<br />WHEREAS, the Board of Public Works of the city of South Bend, in St.
<br />Joseph County, Indiana, desires to enter into a contract giving the right to Chicago
<br />south s _ore and �'outh Bend Railroad its successors and assigns, to locate, construct`
<br />maintain and operate its railroad tracks over and across certain public streets, alleys,
<br />roads and highways in said city and said Board of Public Works having determined the
<br />exact form in which said contract is to be finally adopted, which form is in words and
<br />figures as follows, to -wit:
<br />THIS AGRET'.RENT, dated this -day of September I929, made and entered
<br />into by and between the City of South Bend, ndiana, acting by and through its Board
<br />of Public Works -'arty of the irst Part, herein sometimes called the 'City' and
<br />::'Chicago, uouth shore and South Bend Railroad, a copporatior, created and organized under
<br />the laws of the State of Indiana, Party of the Second Part, herein sometimes called
<br />the 'Railroad', littesseth:
<br />Section I. That consent is hereby gi-ren by the City to the Railroad to.
<br />':.'locate, construct, maintain and operate its railroad track, including poles, supports,
<br />span wires, _tre?ley wires, transmission and. feed wires, telephone and telegraph wires,
<br />guys, braces, fixtures, appliances -and appurtenances used in the operation of its
<br />railroad, over; upon and across ''',00diand 4,enue, 71est-roor Avenye, Nancy Street,
<br />Crumstown Road, and Lincoln iVay 'rest, and all other public streets, alleys, roads and
<br />highway not specifically nemed but which are intersected by the proposed route
<br />the center ;_ine of which is approximately as follows: '
<br />Beginning at a point on the west line o f 'loodland Avenue which line is
<br />also the West corporation line of the City of South Bend two hundred forty
<br />(240) feet more or less North fromthe North right of way line of C. S.
<br />B. & N. I. Ry. Co.; thence by a curve having a radius of five hundred
<br />seventy-three and fourt=en hundredths (573.I4) feet to a roint on the
<br />centerline of Westmoor Street ,which is four hundred (400) feet more or
<br />less East from the west line of Woodland -`,venue measured along the center
<br />line of '}estmoor Avenue; thence East along the center line of 4"estmonr Ave. ,
<br />a distance of three thousand three hundred fifty (3,350) feet more or less
<br />to a point two hundred fifty (250) feet dest of the center line of Nancy
<br />Street; thence by a curate to the left ba.ving a radius of two hundred fifty
<br />(250) feet to a point on the center line of Nancy Street;thence North
<br />along the center line of Nancy Street one thousand four hundred seventy
<br />(I,470) more or less; thence by a curve to the right having a radius of
<br />nine hundred fifty five and thirty seven hundredths (955.37) feet to the j
<br />North line of crumstown Road; thence continuing northwardly through land
<br />owned by the Chicago §4uth Shore and South Bend Railroad to the south line
<br />Of Lincoln Way `pest; thence Tlorth on a line forty seven (47) feet more or
<br />less East of the "ast line of Section four (4), Township Thirty-seven.,
<br />(37)North, Range Two (2) East onto property of the Chicago South Whore and
<br />South Bend Railroad.
<br />and to carry passengers, freight, merchandise, baggage, expres and the United States
<br />mail on and along its said street railroad, interburban street railroad and suburban
<br />street railroad line.
<br />Section2. That said tracks shall be so construeted'across said streets,
<br />alleys, roads and highways as not to interfere with the free use of the streets, alleys
<br />roads and highway intersected and in such manner as to afford security dor life and
<br />property and the ailroad shall restore said streets, alleys, roads and highways to
<br />their former state, ^r in a sufficient manner not to unnecessarily itpair their
<br />usefulness.
<br />Section 3. That the troller- wires shall be suspended at a height of not less ,
<br />that eighteen and one half feet above the rails of said track. The said trolley
<br />wires shall be suspended from span wires, dross arras or supports attached to sub-
<br />stantial wood, iron or steel poles or similiar structures at least as subztantidl and
<br />safe. Pores and supports for said wires, when located in the street, shall be placed
<br />ad'iacent to the curb line of the street. Consent and permission is also given to the
<br />Railroad to connect its said wires with its power houses, stat ons, substations,
<br />transmission lines and sources of electric supply.
<br />Section 4. The railroad may ma'_e all necessary openings in said streets,
<br />alleys, roads and highways for the purposes aforesaid and when making such openings
<br />and eonstrueting or rewiring its tra:f'ks on and across said streets, alleys, roads and
<br />highways, it shall by signal and otherwise do all things necessary to protect the public;;
<br />from injury, and to prevent any injury to persons or to property, and shall save
<br />and hold harmless said City from all damages, costs and expenses which said City shall
<br />be compelled to pay as the result of any default, carelessness or neglect of the
<br />Railroad in the construction, maintenance and operation of its tracks on and across
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