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50 Tuesday, February I8th., 1930.
<br />and all cf the term and provisions of the statutes of the State of Indiana have been
<br />fully complied with; and
<br />Whereas, at this meeting of the Board of Public Works of the City
<br />of South Bend, held on the I8th. , day of February 1930, commencing at the hour of
<br />10100 �tcloek A. ., a public hearing was had on said franchise, grant and contract
<br />and no protest has been filed by any taxpayer of sa id city to the granting o' making
<br />of such franchise, grant and contract, it is now, on motion made and seconded,
<br />RESOLVED, that the Board of Public works of the City of South Bend
<br />now enter into:,: make and execute the said franchise, giant and contract to and with
<br />the Chicago, Shouth Shore and South Bend Railroad in the manner and form proposed by
<br />this Board of Public Works at i. t s meeting on the 26th . , day cif' J nua rg 1930, as it
<br />apper-rs in the records of said meeting.
<br />Ad opte d th is I8th . , d ay cf 24 ru ary , 1930.
<br />M. E. Loran
<br />John K. 9mogor
<br />Attested: Ralph E. Kus s
<br />Hazel. A. `burner.
<br />C O N T R A C T 7 I T H C H I 0 A G 0 S 0 U T H
<br />SHURE K7 T S 0UTI3BENDR2ILR0—AD C 0.
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<br />This agreermnt da to d this I8th. , day cf February 1930 made and
<br />enterer into by and between the dity of South Bend, Indiana, acting by and through it
<br />Board of Public Works, Party of the First Part, herein called the "City, and Chicago,
<br />south Shore- and South Bend Railroad,, a corporation er.ea.tad- and organized under the
<br />laws of the State of Indiana, Party of the Second Part, herein sometimes called the
<br />"Railroad", witnesseth:
<br />Section I. That consent is hereby given by the City to the Railroa
<br />to locate, construct, maintain and operate ohe or more railroad tracks, including
<br />pole ,support s, span wire s, trolley wire s, transmis s ion and feed w ires, t elephone and
<br />telegraph wires, guys, braces, fixtures, appliances and appurtenances used in the
<br />operation of its railroad in said City of South -bend, over, upon, along and across
<br />Orange- tree t, Mee de Street, Merry Avenue, Fremont wteet, Olive street , Washington
<br />Street' and Grant 6treet, and all other public streets and alleys reads and highways
<br />not spec if ical ly named but . which are intersected by the proposed route, from a point
<br />on the east line of tLot 78 in the West End 6ubdivision southeasterly along Derry
<br />Avenue to Lot 42 in Arnolds First Addition and. over a provate right of war and across
<br />Grant Street east of Lot 35 in "'rnolds First Addition; provided not fore than one
<br />track shall'be laid in Merry Avenue without the consent of the Board of public Works
<br />of t he City.
<br />The center line of the track along ferry Avenue between the east
<br />line of Mee d e 'street and the South: line of Washington Street shall be located not mor
<br />than twenty-three and five tenths (23 5) feet measured at right angles north of and
<br />parallel to the south line of Merry lvenue, and east of Olive Street the center
<br />line shall curve to a location not more than ten (10) feet measured at right angles
<br />north of and parallel to the south line of Merry Avenue and proceed southeasterly
<br />along Merry Avenue to a curve 'to the left for a distance of sixty-five (65) feet more
<br />or less for an entry on -the said provate right of way.
<br />Said Railroad may carry passeneers, freight, merchandise, baggage
<br />express and the United States mail on and along its said street railroad, interurban
<br />street railroad and surburban street railroad line.
<br />i Section 2. The said tracks shall be so constructed across said
<br />streets, alleys, reads and highways as not to interfere with the free use of the
<br />streets, alleys, roads and highways intersected and in such manner as to afford secu
<br />ity for life and property and the "ailroad shall restore said streets, alleys, roads
<br />and highways to their former state, in a sufficient manner not to unnecessarily impa
<br />their usefulness.
<br />Section 3. That the trolley wires shall be suspended at a height
<br />of not less than eighteen and one half feet above the rails of said tracks. The said
<br />trolley w ire s shall be suspended from span wires, cross arms or supports attached to
<br />dubstantial wood, dron or steel poles or similar structures at least substantial and
<br />safe. Poles and supports far —.id wires, when located in the street, shall be placed
<br />adjacent 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, stations, substations, trap
<br />mission lines and sources of electric supply.
<br />Section.4. The railroad may,make all necessary openings in said
<br />i streets, alleys, roads and highways for the purposes aforesaid 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 poute
<br />the public from injury, and to prevent any injury to persons or to property, and steal
<br />' save and hold harmless said City from all damages, costs and expenses which said City
<br />shall be compelled to day as the result of any default, carelessness or neglect of
<br />the -Railroad in the construction, maintenance and operation of its tracks on and
<br />across saic streets, as hereby authorized and permitted, provided, kowever, that said
<br />City shall promptly notify the Railroad of any suit brought against said City.
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