12/30/1930 Board of Public Works Minutes

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Tuesday December 30th. , 1930. 21-5 ARTICLE I. Consent and authority is hereby given by the "City to the "Ra ilwat" to construct j maintain and operate a single electric railway track including poles, supports, span i„ I, jj wires, trolley wires, transmission, feed and telephone mires, guys, braces, and other �i II necessary appliances used in the operation of its electric railroad, over,.along and upon the follming described route in said City of South Bond, St. Joseph County, ji Ind iana , t o-wit it Commencing at 15erry A venye at or near it s intersection with Ka.ley Street; thence on Kley Street between Tvierry Avenue and Bertrand Street; thence on a ertrnd ''treet between Kiley street end.,Bendix Drive; thence on Dflndix vrive between T-ertrand �'treet end `°estmoor ii Street; thence on t estmoor Street between Bendix,_Drive and l.'eade !i Street; thence on } Fade Street between estmoor �'tr� et and I'v erry .eve nue ; 1 and to connect said track at each terminus thereof 1:; ith the Ra ilway' s existing tracks. • I nRTICTE II. Said track shall be constructed and maintained as nearly as practicable in the censer of s^id streets and shall be so constructed as not to interfere with the free use of said. streets, and in such manner as to afford security for life and prope rty, and the "Railway" shall restore said streets as nearly as practicable to their former • condition, using identical materials and type of construction. `,PTICLE III. Trolley wirz s shall be suspended at a height of not less than sixteen feet above the rails of seid track, and shall be suspenfed from sT-en wires attached to subst.F.ntial poles which s1h all'ce pl-ced inside and adjacent to the curb like ®f the street.. ARTTCTE - TV. • The nail:?ay may mpke all necessary openings in said streets for the purpose afore- said, andwhen m�king sue'-- openings for constructing acid repairing its said track, it shall be signal or otherwise do all things necess-Ty to protect the public from injury and to 7 event any lnju.ry to persons or property, and shall save and hold harmless said i "City from a.11 damage, costs, trd expenses which said City shallbe com-celled. to pa T as a result of any default, carelessness or negligence of the Railway in the construction, maintenance and operation of its said track on said streets as hereby authorized and permitted, provided, however, that said City shall promptly notify said i_`ailway of -the j filing of any claim or notice with or action against said City - ARTICLE V. 'j This afire em°nt shall c ons t i ttte an ind etermina to permit under and pursuant to the -terms aif provisions of the Shively-S-pencer Utility Commission kct -of the State of • Indiana, and. all nets amendatroy and. / or supplemental thereto, and in the event of the repeal of said a.et, this agreement shall extend and continue for and during the term of twenty-five years from and after the date on Which the mpeal thereof becomes effective. I ARTICLE VT_. j This agreement shall be binding upon and inure to the benefit of the parties hereto and. to their successors and assigns respectively, and shall be in full force and effect j from and after the effective date of a confirming ordinance duly ! c,o ed by the common Co unc i 1 of s a. id "City." ITT I`II`.IfiT.E'SS, V``HEREOF, the parties hem to have hereunto set their hands and seals on