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166 Tuesday, September 9th., I930.
<br />Notice of this resolution shall be published on the I2th. , day of September and
<br />on the 19 th . , day of Sep tembe r 1930 , in the South Bend Tribune and Mirror.
<br />This Board, at its office in the City Hall on the 30th., day (f 6eptember 1930
<br />at I0:00 A. M•. will hear and receive remonstrances from all persons interested in or
<br />affected by said proceedings.
<br />Adopted this 9th. , day of September 1930.
<br />h". E. Doran
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<br />John H. Smogor r
<br />Ralph H. Russ
<br />BOARD OF PUBLIC ITRKS. "
<br />The Board approved pay roll claims for various departments in the amount of
<br />�8,59I.92.
<br />The Board other claims for various departments in the amount of $20,513.66.
<br />City Engineer 11. G. Wray, filed plans, specifications and estimate and the Board
<br />adopted said plans and specificat i:;ns together with the follcuing improvement resolutionz1
<br />Improvement Resolution No.2399 for the pavement of the alley north of 6t..Vincent I
<br />Street from St. Joseph Street to Stanfield Street. ( See files for copy of resolution.)'!! ,
<br />In the above named improvement zesolution, the board hereby orders that on the I� '
<br />30th. , day of Sept anber 1930, this Board will me et in their office in the City Hall at d
<br />IO:00 A. M• , to hear and. receive remonstrances from all persons interested in or affect- !I
<br />ed by said proceedings and will decide whether the benefits to the several lots and far -
<br />eels of land liable to be assessed for said improvement will be equal to the estimated
<br />cost of same as reported by the City Engineer. The Board further orders that notices I •
<br />of said hearing shall be published on the 12the, day of September and on the I9th. , day it
<br />Of September in the South Bend Tribune and Mirror according to law and that notices be
<br />mailed to property owners according to law. !i
<br />Upon t1-D petition of J. H. Whitmarsh to construct and maintain a single track
<br />railroad siding across Fremont Street and connecting with a siding of the Chicago, South
<br />Bend and South Shore Railroad between Orange and Lawton Street, in the City of south j
<br />Bend, Indiana, the Board adopted a form of contract to be entered into, which contract ;!
<br />form in words and figures is as follows: 'I
<br />FORM OF CONTRACT FOR THE GONSTRUCTION OF A RAILROAD SIDETRACK �� •
<br />ACROSS FREMONT STREET. j
<br />This indenture, made and entered into by and between the City of South Bend,
<br />Indiana,, by and through its Board of Public Works, party of the first part, and James
<br />H. Whitmarsh, of South Bend, Indiana, party of the sevond part: Witnesseth:
<br />ii
<br />An agreement by and between said parties as fo llcw s, to -wit:
<br />1
<br />The said second party having petitioned said first party for the right and per-
<br />mission to construct and maintain a single track railroad siding across Fremont Street
<br />and connecting with a siding of the C S S & S B Railroad between Orange and Lawton
<br />Streets, in the City cif South Bend, all as shown in a set of blue prints which set is
<br />hereto attached, marked Exhibit "P", and made a part of this contract.
<br />Now, this witnesseth: That for and in consideration of tine premises and of the
<br />agreement on the part of said second party to carefully cons tru et said siding across
<br />said thorofare and to make the approaches thereto as wen as the cussing in good and
<br />proper condition for using by the public and at all times to keep and maintain said
<br />crossing in good and safe condition for public travel, the said first party does hereby
<br />grant unto said secoiid party -the right to construct and ma-intafn said siding. This
<br />contract, however, shall not be binding upon said first party until duly ratified by
<br />the Common Council of said Sity.
<br />The siding herein referred to being subject to all the rights of the public �! •
<br />and City to use the public street herein referred to for public street and highway pur-
<br />poses, it is further agreed that party of -he second part will, at all times, maintain
<br />either plank or other material as designated by said City on and along the street where j
<br />crossed by said side track and to keep said crossing open at all times and to maintain i
<br />said siding in the manner prescribed by the City anal with its consent, and upon fa ilur e it
<br />to do so, the said grant shall become null and void at the option of the said second
<br />party, and at its request, saidfirst parttm or either of them, will forthwith take up
<br />and remove said tide tracks. d
<br />In, Witness whereof, the parties hereto do hereunto set their hands and seals I
<br />th is d ay of I930
<br />CITY OF SOUTH AND INDIANA II
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