04/22/1930 Board of Public Works Minutes

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Tuesday, k�ril 22nd., 1930 furnished to carry out the 'project , including all work 6ir.,,expense necessary to the changing of the grades of the tracks and the grades of the streets (including cost of, Engineer, inspection, watchmen on the work, c ons truction and maintenance of ne-c- essary temporary work and crossings) ,, as provided for under modified resolution No.5 in so far as the said resolution applies to tre New Jersey, Indiana and Illinois • ! Railroad Company, shall be divided between the City of South :Bend and the New Jersey., Indiana and. Illinois Railroad Company as follcris: The cost of raising "'ivision Street at the crossing, of the tracks of the New fork Central Kailroad Companys connecting track to the Michigan Central Railroad_ and the New Jersey, Indiana and Illinois Railroad Companys track; also cost of raising the track or tracks of each railroad to meet the new grade of, Division Street shall • be borne -thirty-five perce tt (35%) by the City of South Bend. and sixty-five percent (65%) of expense divided between the two Railroad Companies as may be mutually a gr e e d upon. Second: Each party shall render to the other, at the end of each Calander month, a statement of the amount due for the work completed, divided as hereinabove provided, and the party receiving such statement shall pay the amount due thereon within sixty (60) days after the receipt of same. Third: The City of South Bend. shall indemnity and save harmless the Rail road Company from and against the payment of any and all claims, costs and damages arising out of or resulting from the change of grade cLr any street or alley in con- nection with the nerformance of the work provided for under Modified Resolution No.5. In witness where6f., the -parties have taused this agreement to be duly • j executed on the day and year first above written. NEIU JERSEY INDIANA .RXD ILLINOIS RJUT-ROPi-D COITI-AYY BY J. E. TAUSSIG VICE CHAIRTQ'U� T CITY OF SOUK BEMP, INDLA-NA BY M. E. DORM JOEN K. S1,MGOR RALPH H. KUSS BOARD OF PUBLIC ITTOP KS. " In both of the above named contracts,, the Board hereby orders tlrt publica tion of same be nade'acccirding to law on the 25th. , day of April and on the 2nd. ., day Of May 1930 in the South Bend Tribune and 1dirrar The Board further orders that tax payers be notified it said notice of their rights in filing, a remonstrance and sets the 14th. , day of May 1930 as the time then a- hearing will be 1-,.ad on any and all re- • a ti on mo--nstrances which may be filed within ten days after the date of the last public, of said contracts.