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Tuesday, Januery 27th. , I93I. 225
<br />no written remonstrances -v�Tere filed and the Board, being fully advised in the premises
<br />deicdes to take final action on said vacation resolution and declares same in all
<br />thin{z ratified., confirmed and. approved. The Board now orders -that a list or roll be
<br />prepare of, all ov;mers and holders of property an(", of valuable interests therein
<br />j sought to be taken, which list or roll shall also describe the property beneficially
<br />11 affected by said w cation.
<br />i
<br />it The ward. approved claims in the amount of �;6,530.42 for varicaws departments.
<br />The Board appmved pay roll clai.ns in the amount of 11,9I6.15 and hereby
<br />• I orders City Controller to pay same.
<br />The Board also approved pay roll claim in the amount of $433.33 and hereby
<br />orders City Controller to pay same out of Grade Separation fund.
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<br />U_j
<br />Tyr. D . C. `outhworth of the Northerr? Ind is na Bails ay , Inc . , eras present end
<br />presented. the following prelimine.ry resolution, which was ado?)ted_ bar the Board:
<br />PRET:IT1 IT,r!_.RY RESOLUrITON
<br />RESOLUTION OF THEE, BOARD OF PUBLIC '.OI LS OF Tl CIT%T OF SOUTH BEND
<br />INPI ANA FIXING TEE FO7L:1 OF COT7?RI' CT NO nTIEE PW MMI AYA RAILWAY INC. GIV
<br />ING SIaID RA1Z:'AY COITAITY THE RIGHT TO LOCATE CONSTRUCT 1,rDkIhTAIN `:Ivy
<br />OP_�:�:RATE IT'S RAILRO "D TRACKS OVER AND ACROSS CL`RTAIN PUBLIC STREETS
<br />ILL. S ?CADS r_I''? HIGH'AIrS OP T? U CTTY OF SOUTH AND INDIANA.
<br />T m, 6 r Bend in 6t Joseph
<br />4�'I��AS the Do^rd. of Public o-�ks of t re City of South , Ph
<br />County, !&, iana, desires to enter into a contract p_iv-i np the ri pht to NORTHERN INDD-NA
<br />rRAIIj"1AY, INC., it's successors and assigns, to locate, construct, m^intain and operate
<br />it's railroad tracks over and across certain public streets, alleys, roads and high-
<br />ways in Said. City and said Board of Public Works having d.eterm ined the exact form in
<br />which saidcontract is to be finally adopted, T'-ich form is in Tords ,nd fiFUres as
<br />follows, to -wit:
<br />CO-11T A,CT
<br />THIS AGREET:'I;NT, made and e nt a-ed into this d_ a.tr of
<br />193111 by
<br />and between the CITY OF SOUTF IEND, INDIANA, "acting by a rxi through its Board of Public
<br />Monks, hereifiafter sometimes called the rrCityrr, and Northern Indiana Rai-l�.ay, Inc.,
<br />hereinafter called t 1 e "Rai lTav" ,
<br />T` ITTNESSETH:
<br />ARTICIE I.
<br />Consent and authority hereby given by the "City" to the "Railway"' to con-
<br />struct I mr, intain and operate a siTigle electric railway track including poles, supports,.
<br />spa-n moires, trolley wires, transmission, feed and. telephone sires, guys, braces, end.
<br />other necessary appliances used in the
<br />operation of
<br />its
<br />electric railroad, over, along
<br />an(;, upon the folla=-ing described route
<br />in said City
<br />of -South-
<br />-Bend, St. Joseph County,
<br />Indian,, to -«;it:
<br />commencing at Destmore Street at or near its intersection Frith..
<br />Bendix Drive , thente ,rest on Westmore Street a distance of approx-
<br />i=- tely 3735' ;
<br />and t o c onne ct sai d t rack a t each terminus thereof vrith the "Railway' s" existing tracks
<br />AR`T' I''LE I I .
<br />Said, track shall be constructed and rm_intained as nearly as practical on a
<br />center
<br />line
<br />located 13.5'
<br />south of
<br />the center
<br />line of
<br />the existing
<br />Chicago,
<br />South Shore
<br />and. South
<br />EEnd
<br />Railv,ray
<br />tracks now:
<br />located on
<br />Viestmore
<br />Street, and
<br />shal..l be
<br />so con-
<br />structed as not to intetfere with the free use of saia street and in such rwanner as
<br />to afford security for life and property, anct t1le "Railway" shall restore said streets I,
<br />�I
<br />as near. 1Fr a s pr. acti.cable t o their former coed iti on, using identical Pr terial s ,and
<br />type of construction.
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