03/01/1932 Board of Public Works Minutes

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Tue sdey h, rc h 1 st. 1932 BoErd met in regular session at 10:00 A. Y. All members present. Minutes of meeting held Tuesday, February 23rd. 1932, read and. eppioved. This being the date set, hearing, was had on Vacation resolution No.2470 for the vacation -cf that portion of former Johnson Street as platted and dedicated in Realty and Construction Co.'s lst. . Addition, that lie s outside of the present alley west of Manor Addition, frost Elwood Avenue to Keller 'Brookfield Street as platted in the Ellwood "I". Street . In the a b ove narn_e,' va ca ti on:i.res olut io n No.2 470, no ienonstrators appepred and no • 'written remonstrances were filed and the Board, being fully advised in the premises, de c id es to take final action on said resolution and d dblpres same in all things ratified, confirmed an? approved.t The 13cerd new orders that a list pr roll be prepared of all 1owners and holders of property npff of traluable, interests therein betaken, sou ht to g_ 1�irihich list or roll shall also describe the property beneficially affected by said vaca- t ion, L "'his being the date set* hearing was had on the form of contract to be entered into by and be tueen the Pennsylvania Railroad Company and the Board of Public works of the City of South Bend , Indiana. In the above named form of contract; no remonstrators appeared and no written ,Iremonstrance was filed are. the Board, does,, hereby, enter into the f1ollowing contract I!for the construction of a single track siding across West Tutt Street. Contract is as folloms: CONTRACT FOR "I"HE CONSTRUCTION OF A SINGLE TRACK SIDING ACROSS WEST TUTT STREET. THIS .�,GREEI= entered into between the Pennsylvania Railroad Company, party of the ifirst part, and the Board of Public Works of the Ifiunicipal City of South Bend, Indiana, i !party of the second part, Viiittnesseth: That whereas the said first party desires to construct and maintain a single ,,track siding across West Tutt Street East of and adjoining the right of way of the !Pennsylvania IPennsylvania Railroad Company near the point where said West Tutt Street intersects 118outh Main Street in said City, which said tracks are upon the right of way and property of said. Pennsylvania Railroad Company, save and except where the same will Grossest JTutt Street. Nor-. therefore, this apreement, to -wit: - That the said second party does hereby Ilp-Tant unto said. first party the rig?-_t to construct and maintain said side track across West Tutt Street, and in consideration of said grant, said first party contracts and llaprees to cnrefalIT" and properly lay and maintain the sa id tracks across said West lTutt Street Street -gat such grade and the Civil Engineer of said city may designate land said first party further agrees to at all times maintain either planks or other Imaterial as may be designated by said city on and along said vest Tutt Street where !!crossed by said tracks arid. the keep said crossing open at ill times and upon failure so to do, the said grant shall become null end void at the option of sa -id- second party,, .and at its election after such default, said first party will forthwith take up'--nnd (remove such side track, a blue print of the territory affected by this track being herewith attached and made a. part hereof. This contract shall not W effective until ratified and approved by an ordinance 'iof the Common Council of said City. VVitness the hands and seals of the parties hereto this lst. day of 101arch, 1932. PEN11,TSYL.VAiNIA PAILRC_rl_D COI:PINY BY F. C. VILKTHSOVI SUPT. BO:M. OF PUBLIC ORKS OF THE T * U 79IC IPA_ L CITY OF SOUTH -END 1% E. DORAN JOERT K. SEOGOR T RI�L'F'H '11�USS The -board approved pa-7 roll claims for various departments in the amount of 5,045.38. The Board approved claims for various departments in the amount of 968.45 and. hereby rders City Controller to pay same. Meeting adjourned at 12 O'clock noon. Otte ste d: Z�`�C le rk