04/22/1930 Board of Public Works Minutes

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8 Tue s day, April 22nd . , 19300 Bai lroad Company, (be ing a distance of approximately two hundred twenty-five (225) feel without any expense to the Railroad companies, and shall divert the traffic from H`IrriL Street to `dalnut Otreet over Huron ``'treet and it is agreed that Huron Street s I be paved between Harris Street and �4alnut Street, and that the cost of such. pavet -ent shall be included as part of the casts of the project divided and. bowrne as in sub- pe ra graph (e) pr ovic ed o Fifth: The City of South bend shall indemnify and save harmless the eta ilroad Company from and. against the payment of all claims, costs and damages arising out of or resulting from the change of the grade of any street or alley in con nection with the performance of the work provided for under modified Resolution No.5. In witness whereof the parties have caused this agreement to be d, duly executed on the day and year first above written. TY 1 ITF 5 YORK CENTRAL RtF_ILR 0A D C ORTpiLcY BY R. D. STARBUCK VICE PRESIDENT CITY OF SOMM ?BEEND BY T;?. F . r OR n N JOHI\T K. SEITOGOR R n LPH H. KITS S BO"_RD OF PUBLIC VORKS." CON'.'R'..CT 77ITH TT- ME-;' 0__,R SFAY IND;I.A�T fiI\;D ILLI1,TOIS RI-TICR0^..D COTI)MI. NY. This e gr e eme nt , made this S th . , da. y of Ap ri 1 1930, between the New Jersey, Indiana and illinois Railroad Company. and the City of South Bend, a municipal corporation, by and through its Board of Public "orks,: WITTNESSETH Whereas, on the 3rd., day of January, 1930, the Board of Public Y orks of the City of South Bend adopted and placed on file its Grade Separation -resolution N0.5 providing for the separation of grades of the tracks of the T'Te�r Jersey, indiana ancj. Illinois Railroad Company at Division, VValnut alf Cherry Streets; and Whereas, on the Ist. , day of -aril I930 said Resolution No.5 was mortified by the filing end adoption cf modified Resolution 1`T0.5; and ''herra.s, on the Ist., day of April I930, petition signed by more than fifty resident freeholders of the City of South Bend, eras filed, petition I inr the boerd of Public '*,orks to enter into an agreement with the T'-leer jersey, Indianan and Illinois Ra.i]so^d Company insofar as that ompan,T is concerned in raising its j track across Division Street and for division of cost of a.11 work necessary under l said grade separation project, whereby the City of South Bend shall pa.y thirty-five � percent (35%) of the cost of raiding said track and street bontemplated by Resolution ) No.5 as modified,, pursuant to Section 2 of the Acts of the General Assembly of Indt.ana approved Iderch 9th. , 1927, '1 Therefore, in consideration of the premises, it is agreed: First: That the total cost of all work performed and nr aerials )t • • • •