|
1990
<br />October 2lst. , I930.
<br />Upon the petition of henry Beutter, doing business as the Hoff-
<br />man & Beutter Coal company, to construct and maintain a single track railroad siding
<br />across Kankakee Avenue, south of and. adjoining the right of way of the New York Central
<br />Railroad Uom-p any near where Mende Street intersects Kankakee Avenue, in the City of
<br />South Lend, Indiana, the Loerd adopted a form of contract to 'be entered into, which
<br />contract is in words and ftigures as fo 1lcxnrs:
<br />I'ORMT OF C0172EACT FOR TEE CONSTRUCTION OF A SINGLE TRICK
<br />-ACROSS KLNK=E AVENUE.
<br />This instrument witnesseth an agreement by and between Henry
<br />Beutter, doing business as the Hoffman and Beutter. Coal Uompany, in the City of South
<br />Bend , St. Joseph County, Ind iena, first party, and the Board of Public 'Nor? s, of �'outh
<br />Bend:, Indianan a party of the second part, as followings to -wit:
<br />Whereas , the said first party desires to construct and main-
<br />tain a s ing_ le track siding --,cross Kankakee Avenue, south of and adjoining the right of
<br />way of the New York Central Railroad Company, near The point where llleade Street inter-
<br />sects Kankakee Avenue in said city, which tracks are upon the right of ray of said rail
<br />toad company and the lands of the said Hoffman and. Beutter Coal ompany, save and ex-
<br />cept where the same c orss Kankakee.
<br />Now, this witnesseth, that said second party does hereby grant to
<br />unto said f irst party the Tdght of construct and rtnintain said side track across the sa
<br />Kankakee Avenue, and in consideration of said grant, said first party contracts and,
<br />agrees to carefully and properly lay and maintain the said tracks across said Kankakee
<br />Avenue, at such grade as tht- civil engineer of the said city may designate, and to, at
<br />all times, maintain either planks, or other material, as designated by sadd city, on an
<br />along Kankakee Avenue, where crossed by said side track, and to keep said erns sing open
<br />at all times and upon failure to to do, the said grand sh al 1 become null and void at th
<br />option of said second party, and at its request, said first party, gill forthwith take
<br />up and remove such side track. A blue print drawing of the territory- affected by this
<br />track is hereto attached and made a part hereof.
<br />This contract shall not be effective until ratified, and approved]
<br />by the Common `'ouncil of steid City.
<br />day 'of
<br />fitness the hands and seals of the parties hereto, this
<br />_ I930.
<br />Henry Beutter,
<br />doing business as the Hoffman &
<br />Beutter Coal Company.
<br />City of South Bend.
<br />In the above -named form of contract, the Board,hereby, orders
<br />pursuant to the statues of Indiana -in such case providded, that on the 24th . , day of
<br />October and. on the 31st., day of 0 tober I930, said form of contract shall be duly pub-
<br />lished according:, to law. The Boars further orders that on the Ilth. , day cf November
<br />1930, this Board will meet in their office in the City Fall at I0:00 A. M. ,, at which
<br />time said contract shall be f:1_nally considered, at a public hearing and. at said hearing
<br />any and all taxpayers may appeer and file protest against any and all provisions of
<br />said eontrect. It is further ordered that Henry Beutter, at hts own expense shall cause
<br />the full text of said contract to be published as required by law.
<br />CitzT Engineer, H. G. Vray, filed plans, specifications and esti-
<br />mates and the Board adopted said plans and specifications together with the following
<br />improvement re s olu ti o ns :
<br />LImprovement Resolution Tlo.2407 f or the local sewer in Bendix
<br />Drive from 'rumstown Avenue to Lincoln Wa-v °Pest . ( See files for copy of resolution.)
<br />Improvement xeso lut io n 'o . 2405 for the grade , curb and walk
<br />improvement on Bendix Lrive from Crumstown Avenue to Linc lnway Y'est. (See files for
<br />copy of resolution.)
<br />In both of the above named improvement resolutions, the Board,
<br />hereby orders that on the IIth., day of November 1930, this Board will meet in their
<br />office in the City Hall at I0:00 A. M., to hear and receiver remonstrances from all per-
<br />sons whose property Tiny be affected by seic. improvement and will decide whether the ben-
<br />efits to the several lots and parcels of land liable to be assessed for, said improvements
<br />will tine equal to the estimated costs of same as reported by the City Engineer. The Board
<br />further orders that notices of said hearings shall be ublished_ on the 24th., day of
<br />October and on the 3lst. , day of October I930, in the South Bend Tribune and Miirror accor
<br />ing to law.
<br />Claims amounting to �13-. 244.98 for various departments .were signed
<br />nd approved by the Board,
<br />•
<br />0
<br />0
<br />•
<br />•
<br />
|