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Thursday, October IOth., I929.
<br />remonstrance was filed and the Board decides to continue. hearing on said resolution until
<br />Tuesday, October 29th., I929, at I0:00 A. 11. i
<br />_c
<br />Upon motion duly made and seconded, the follo�ring resolution was
<br />unanimously approved by the Boa rd :
<br />"Whereas the Board of Public Olorks of the City of mouth bend,, in it
<br />St. Joseph county, Ind !- an a, at a nee tine; of said Board of Public, corks , did' determine
<br />the exact form in 'which a franchise, grant and contract to and with ,th,e Chicapor bout
<br />Shoe e and South ��end railroad was to be f inally adoted and fixed the 9 th . , day of
<br />October 1929, at the of 7-30 O.'Clock P. 11E. , at the __regular meeting place of said I
<br />Board of Public avorks in the City ball in said City as the time and place at which said
<br />franchise, #rant and contract y7as to be finally considered by said Board of Public 1�iolok61;
<br />a nd
<br />Whereas, proof' of publication of the full and complete text of the
<br />said proposed. franchise, grant and contract in the South Bend Ne,.-s Times on the 24th.,
<br />day of September and on the 2nd. , dTr of October 1929 , and in the South Lend Tribune
<br />on the 24th. , day of September and on 'the 2nd ., day of October 1929, being two daily
<br />newspapers of general circulation printed in the English language in said St.. Joseph
<br />County, Indiana, and prodf of the posting of notice of the full and complete text of
<br />said proposed franchise, grant and. contract in ten public places within -said City. of
<br />South bend on the 24t., day of September 1929, has been duly made and all of the
<br />terms and provisions of the statutes of the State of Indiana have been fully complied
<br />Frith; and
<br />Whereas, at this meeting of the Board. of Public 44orks bf the City
<br />of South Bend , held on the 9th. , day of October I929 , commencing at the hour of 7430
<br />O'Clock ,P. �;`.� an adjournment of said hearing was haduntil I0:00 A. P:-i., on Thursday,
<br />October IOth;, I929, and
<br />No protest has been filed by'any taz pa7Ter of said City to the grant!
<br />or making of such franchise, grant and contract, it is no - on motion made and. seconded
<br />1esolved , that the Board of Public �yorks of the City of South Bend,
<br />now enter into-, _make and execute time said franchise, grant and contract to and with the
<br />Chicagom ''euth S- ore and South Bend Railroad in the manner and form.proposed -by this
<br />Board of Public brks at its meeting on the 24th., day of September 1929, as it appears
<br />in the records of said meeting.
<br />Adopted this IOth., day of October I929.
<br />W. R. Hinkle
<br />Ralph i?. Kuss
<br />Attester': John J. Smogor.
<br />HaLzel A. `inner, Clerk of the Board."
<br />C OTT T B A C T.
<br />This a-Teement, dates this IOth., day of October 1929, made and
<br />entered into .by and between the City of South Bend, Indiana, acting by and through its
<br />Board of Public "orks, Party of the First Part, herein sometimes called the "City" and
<br />Chicago, 0outh whore and South bend "ailroad, a corporation created. and organized under
<br />the lads of the State of Indiana, Party of the Second Part; herein sometimes called
<br />the "Pailroad", VVittnesseth:
<br />Section I. That consent is hereby given by the City to the Railroad
<br />to locai;e, construct, maintain and operate its single tailroad track, including poles,
<br />supports, span wires : trollejT Y. Tres, transmission and feed sires, telephone amd tele-
<br />graph vrires, guys, braces, fixtures apn_ liances end appurtenances used in the' operation
<br />of its railroad, over, upon and acovss °V;bodland Avenue, 'lest -moor Avenue, Nancy street,
<br />Crumstown Road, and Lincold Vay =est, and all other public streetq, alleys, reads and
<br />highwray not specificially named but which' Pre intersected by the proposed route, the
<br />center line of which is approximately as follcws:
<br />Beginning at a point on the crest corporation line in the City of
<br />South bend, which is located approximately t7,o hundred seventy (270) feet north from the
<br />north right of way line of the Chicagom South Bend and Northern Indiana Railway
<br />Company; thence in a northwesterly direction by a straight line a-pproximately one hundre
<br />twenty-five (I25') feet to a point; thence on a curve having a radius of five hundred
<br />seventy three and fourteen hundredths (573.I41) feet a distance of approximately three
<br />hundred ten (3IO) feet to a point on a line six and seventy-five hundredths (6.75') feet
<br />north of and parallel to the center line of 'V''estmoor Street, which point is also four
<br />hundred (400) feet east of the crest corporation line of the City of South bend measured
<br />along said parallel line; thence east along the said parallel line a distance of approx-
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