12/09/1930 Board of Public Works Minutes

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quo Tuesday, December 9th., 1930. the rails of said track, and shall be, suspended from span wires attached. to substanti poles =.�:�hich shall be nleced inside and. adjacent to the curb line of the street. ARTICLE IV. The L'ail17a7 may make all necessary openings in said streets for the purpose aforesaid, and when making such openings for constructing and repdiring its said track, it shall by signal or otherwise do all things necessary to protect the public from injury and to prevent any injury to persons or property, and shall save and hold h rmless said. City from all da_maeps, costsip and expenses which said City shall ba' compelled to pay as a result of my default, - carelessness or negligenc of the Railway in the construction, maintenance and operation of tf.s said track on daid streets as hereby authorized and permitted, prow-i.ded, however, that said City shall promptly notify said. Rail,%y of the filing oi' any claim or notice with or a,etio against said City. ' AP= TICLE V. This agreement d-ial l constitute a r indeterminate -omit under and pursuant to the terms and provisions of the Shively -Spencer Utility Cammiss ion Act of the State of Indiana, and all ects amendatory and/or supplemental thereto, and in the event of the repeal of s•,id act, this agreement shall extend and continue for and during the term of twenty-fove --ears from and after the date on which the repeal thereof becomes effective. ?.RTICLE VI. This agreement shall be binding upon and inure. to the benefit of th parties hereto and to thai_r successors and assigns respectively, and shall be in full force and effect from and after the effective (fete of a confirming ordinance duly adopted by the Common Council of said City. 1N WITNT!SS 7111EREOF, the parties hereto have hereunto set the-r hands and seals on the day arr year first above written. Cit-T of South Fend NOR =IRN IITT I AP,TA RAIL 7AY INC. BY PRLSI '.HINT ATTESTED:, i SECT -MET LRY • • • • Now therefore, be it resolved that pursuant _to the statutes of Indiana in such case made and provided, said Board of Public Wcirk s does now fix the time at ,Th.ich said contract shall be finally considered as the 30th. , day of Decem%er 1930 at the hour of 10:00 A. M., at the office and meeting place of said Board of Public 'arks in the C- ty Hall in said City of South Bennd_, at which time and place a- public hearing shall be had and any taxpayer in said City may appear and fi?e protest agau aga_nst any and all oP tr e pr ovis ions of said. contract. ; • Be it further resolved that Northern Indiana Railway, Inc. , shall at it', own expense, cause the full and complete text of said contract to be publish ed as requi re d by law with noti ce o f the t ime and p le ce of sa id hear ing in the South Bend Tribune and South Bend Neus Times, being two daily newsp3T-ers of general circu- lation, printed and published in the English language, in said St. Joseph C._unty, Indiana. Said Northern Indiane Railway, Inc., shall likewise post copies of said