02/17/1931 Board of Public Works Minutes

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Tuesdair, r`ebeu�ary I7tb.. , 1931. ARTICLE II. Said track shall be constructed andmaintained as nearly as practical an a center line of tine existing hica{o, South Shore and SoUth bend Railway tracks now to ca ted on "estmore Street, and shall be so constructed as not to interfere with the .free use of said street and in such manner as to afford security for life and property, and. the "Railway" shall restore said streets as nearly as practicablOoto their former con- dition, using itentie27 m�ateria.ls and type of construction. ART ICLa'. III. • Trolley va-i.re.s s lall be suspended a. t a height of not less than sixteen feet above the rails of said track, and shall_ be suspended frontspan wires attached. to sub- � stantial poles which shall be placed inside and adjacent to tie curb line of the street ARTICLE' IV. The railway may make all necessary openings in said streets for the purpose aforesaid , and when making sucri openings for the constructing end rerairin.g its said track, it shall bq signal or otherwise do all things necessary to protect the public {� i from injury and to prevent any injury to persons or property, and shall save and hold. ) • harmless said. "City" -from all damage, costs, and expenses which said--- City" shai_1 be compelled. to pay as a result of any f-efault, carelessness or negligence of the "Rail- � way" in the construction, maintenance endoperation of its said track on said streets es hereby authorized ayiI permitted, provided, however, that said "City" shall promptly, notify said "Rai 11 ay" of tr.e filing of any cla im or notice with or actfontagainst said "City??, tl ARTICLE V. Th s a f reernerit sl_all constitute an incde-termine to permit under and pursuant to the terms and provis ions of the Shi.vley Spencer Utility Commiss ion act of the State . of Indiana, -nri. all acts amend-atory and / or supplemental thereto; and in the event of the repeal of said act, this agreeratnt mall extend end continue for and. during the term of tv elty-five years from and after the date on which the repeal thereof becomes effective. AR"'TCL_` VI. This agreement shell be binding upon and inure to the benefit of the part- ies hereto a;ftd to their successors and assigns respectively, and shall be in full force and effect from and after the effective date of a confirming ordinance duly adopted by the Common Uouncil of said "City". IN :'ITiES 1-'':2EGP, the parties hereto have hereunto set their hancs and seals on the day and year first above rritten. 1 UIT-Y C-11, S-017-17 BuAID T uSS1: T i 1L Ay , 1' C GEQRGI R . C17EI N VICE PEE-STDI TT. ATTE:= T 7r : ©REN SIJ,11L 2'EC1T Tr RY. t! • i This bein£- the Fate set, hearing was had on the assessment roll showing the awards of de.mpges and assessments of benefits in tYe matter of the relocation of Huron 6treet from. 'yebster Street East under Cond a:nat ion hesolut ion To.24I2. i In tle above named assessment roll, no remonstrators appe ar e � and no v!rltten remonstrance was filed. and the Board, being fully advised in the premises, j end after he a ring all persons interested in said assessments roll, Finds that the several lots and parcels; of land have been benefited and damaged in the amounts shown 6n said assessment roll. The Board, therefore, t alB s f1 nil action on said assessment roll end declares same in all things ratified, confirmed end, approved without modifiea! tion and. the proceedings closed and all proceedings had with reference to said condem 1 . nation resolution ''o.2412, are hereby sustained. The -board now orders said assessment; roll.. delivered to the Department of finance, 11