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38
<br />Tuesday, January 28th., 1930.
<br />as follows, to witi- `
<br />This agreement, dated this day of February 1930, made and "en-
<br />tered into by and between the City of South Bend, Indiana, acting by Phd through its
<br />Board of Public Works, Party of the First Part, herein s centimes called the "City",
<br />and Chim ep, South Shone End South Bend Railroad, a -corporation created and organized
<br />under the laws of the State of Indiana, Party of the Second Part, herein sometimes
<br />called the "Railroad", WITNESSETH;
<br />Section I. That consent is hereby given by the City to the Railroad
<br />to locate, construct; mai ntain and operate one or more railroad tracks, including
<br />poles and supports, span wires, trolley wires, transmission and Feed wires, telephone
<br />and telegraph wires, guys, braces, fixtures, appliances and appurtenances used in the
<br />operation of its rail:road in said cit of South Bend, over, upon, along and across Oran
<br />Street, Meade, Merry 'venue. Fremont Ztreet-, Olive Street, ''iashington. Street and Grant
<br />Street, all other public streets, alleys, roads and highways not specifically named
<br />but which are intersected by the proposed route, from a point on the east line of Lot
<br />Seventy-eight (78) in the `lest End Subdivision southeasterly along Merry Avenue to
<br />Lot Forty-two (42) in Arnold s First Addition and over a private right of way and across
<br />Grant Otreet east of Lot Thirty-five (35) in Arnolds First Addition; provided not mole
<br />Kahan one track shall be laid in Merry Avenue without the consent of the Board of Public
<br />Works of the City Hall.
<br />The center line of the track along 1=erry Avenue between the east
<br />line of Meade Street and the south line of Washington Street. shall be located not more
<br />than twenty three and five tenths (23..5) feet measured at right angles north of and
<br />paralle 1 to the south line of I'1erry Avenue, and east of Olive Street the center line
<br />shall curve to a location not more than. ten (I01 ) feet measured at right angles north
<br />of and parallel to the south line of Merry Avenue and proceed southeasterly along Merr
<br />Avenue to a curiae to the left for a distance of sixty-five (65) feet more or less for
<br />an entry on the said private right of way.
<br />Said Railroad may carry passengers, freight, merchandise, baggage,
<br />express and the United State mail on and along its said street railroad; interurban
<br />street railroad and suburban street railroad line.
<br />Section 2. The tracks shall be so constructed. across said streets
<br />alleys,_ re. ods and highways as not to interfere with the free use of the streets, alleys
<br />roads Qnd. highways intersected and in such manner as to afford security for life and
<br />property and the Railroad shall restore said streets, alleys, roads and highways to
<br />their former state, in a sufficient manner not to unnecessarily impair their usefulness
<br />Section 3. That the trolley wires shall be suspended at a. height
<br />of n^t less than eighteen and one half feet above the rails of said track. The said
<br />trolley wires shall be suspended from span wires, cross arms or supports attached to
<br />substantial wood, iron or steel poles or similar structures at least as substantial
<br />and safe. Poles and supports for sa i, wires, when located in the streetm shall be
<br />placed adjacent to the curb line of the street.. Consent and permission is also given
<br />to the -Railroad to connect its said wires with its power houses, stations, substations,
<br />transmission lines and sources of electric supply.
<br />Section 4. The Railroad may make all necessary openings in said
<br />streets, alleys, roads and highways for the pupposes eforeseld and when making such
<br />openings and construction or repairing its tracks on and across said streets, alleys
<br />roads and highways, it shall by signal and otherwise -do all things necessary to pro-
<br />tect the public from injury, and to prevent any injury to persons or to property,
<br />and shall save and hold harmless said City from all damages, costs and expenses which
<br />said City shall be compelled to pay as the resol3.-t of any defaul, carelessness or ne-
<br />glect of the Railroad in construction, maintenance and operation of its tracks &n and
<br />across said streets, as hereby authorized and permitted, provided, however, that said
<br />City shall promptly notify the Railroad of any suit brough against the City.
<br />Section 5. This agreement shall constitute an indeterminate permit
<br />under and pursuant to the terms and provisions of the Public Service Commission Law
<br />of the State of Ind Tana , and in the event of the repeal of said law this agreement
<br />shall extend for and during the term of twenty-five (25) yer rs from and after the date
<br />that the repeal thereof becomes effective.
<br />Section 6. This agreement and all of its terms and pro vtzions sha
<br />be binding on and inure to the benefit of the parties -hereto and their successors and
<br />assigns respe etive ly, and shall be in full force and effect from and -after the dete of
<br />its being approved by ordinance duly adopted by the' common Council of said City of
<br />South Bend.
<br />In Witne ss where , the p artie s here to ha ve hereunto set thei r hands
<br />hands and seals the day axt year first above written. .
<br />By
<br />CITY OF SOUTH B12TD INDIA TA
<br />ITS BOARD OF PUBLIC WORKS
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