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Tuesday, September 24th.9 1929.
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<br />wires shall be suspended from span wires, cross arms or supports attached to substantial
<br />woor, icon or steel roles or similiar structures at least substantial and safe. Poles
<br />anti supports for said wires, when loc_ted in the street, shall be placed adjacent to
<br />the curb line of t'-ne street. Consent and permission is also given to the Railroad
<br />to connect its said SFri�res with its power houses, stations, substations, transmission
<br />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 constructing or repairing its said track on and across said streets, alleys, roads
<br />and highways, it shall by signal and otherwise do all things necessary to protect
<br />the public from injury, and to pretrent any injury to persons or to property, and shall
<br />save and hold harmless said City from all damages, costs and expenses which said City
<br />shall be compelled to -pay as the resola.t of any default, carelessness or neglect of
<br />the railroad in the construction, maintenance and operation of its said track on and
<br />l'across said streets, as hereby authorized and permitted, provided, however, that said
<br />City shall rromptly notify the 7ailroad of air suit brought against said City.
<br />Section 5. This agreement shall constitute an indeterminate permit under and
<br />1 pursuant to the terms and provisions of the Public Service Commission law of the
<br />ii State of Indiana,, and in the event of the .repeal of said law this agreement shall extend
<br />for and during the term of twenty five (25) .years from and after the date that the
<br />repeal thereof becomes effective, but it is expressly agreed between the parties hereto
<br />that the hermit and authority herbby granted to said Railroad is :ftot and shall not be
<br />exclusive in said Railroad except as to t'e r the t of
<br />pa -is o s e.,�s, scads, Z:airU, avenues
<br />'=;-hTra�rs Nerein mentioned actually oc^-zp ed bU, the track of said Railroad under
<br />"and in accordance -,pith the provisions hereof and that said Citymhereby expressly reserve
<br />`!full right, authority and power to permit, authorize and empower other companies, eor-
<br />nrerurbani
<br />an
<br />personsto construct maintain and operate railroads, street railways and
<br />Iroad tracks together with all proper and requisite overhead construction
<br />work, poles, wires, equipment and applicances upon and along the parts of the streets,
<br />':.roads, ways,avenues and highways herein mentioned not actually occupied by the track of
<br />said Railroad under and in accordance ,:,ith the provisions hereof.
<br />• Section 6. This agreement and all of its terms and provisions shall be binding
<br />on and inure to the benefit of the parties hereto and their saccessor� s and assigns
<br />respectfive1y, and shall be in full force and effect from and after the date of its being
<br />approved by ordinance dul�T adopted by th., Common Council of said City of South Bend.
<br />IN "IT TTSS 7,1777-' ,07, the parties have hereunto set t.hetr hands and seals the day
<br />and year first above written.
<br />City of ''outh Send
<br />• ITS BOARD OF PU3LI"
<br />AJT �STTD:
<br />CHICA s0 SOUTH -HORT .101D SOUT'� 3 77D RAILROAD"
<br />r.TO'.r l:TR?TORN BT' I'L' RTS )L'r-?,D `2 AT PT'RCUANT m0 T?i4 STATTITT7,S 04 ITM, IANA in such
<br />'ease made ade and prov�_ded, said' Board of Public "lor'ss does now fix the time at. which said
<br />contract shall be finally considered as the 9th day of October I929, at the hour of
<br />7-30 C Cloc'c P. y., at the offices and meeting place of said Board of Public Works i3
<br />the City Mall in said City of South Bend, at 71hich time and place a public hearing shall
<br />be had and any taxpayer in said city may appear and file protest against any and all
<br />of the provisions of said contract.
<br />3T IT FURTHER R SOLV D that Chicago, South aho-re and South Bend Railroad shall,
<br />at its otvn exrense, cause the full and complete text of said contract to be published as
<br />required by law -filth notice of the time and place of said hearing in South Bend Tribune
<br />and ''oath Send TIe:;rs Times, being two dail newspapers of general circulation printed in
<br />the � lish language language, h +_ , T p ,
<br />g �, g gua e in said St Joseph oun.,J, ln��.iana. Said Chi -sago, South
<br />•Shore and 'mouth Bend Railroad shall likewise post copies of said ,eontract and notice of
<br />the time and place of said hearing in ten public places in said City of South Bend.
<br />-''dopted this 24th. , day of Sept emb^r, I929.
<br />W. R . Hin'_cl e
<br />John Z% Smogor
<br />Ralph '1. =luss
<br />'BOARD OF PUBLIC -7OR__KS OF CITY 0 S,)7JTR 3TTPD
<br />ATTTSTTD: HI ;�, A. TUR'•17,R. CL RETC."
<br />'ieeting adjourned at I2 O'Cloc'k noon.
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