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404 Tue sday , October 2ldt. , 1932
<br />Board rmet in special session at 10:30 A. 111, 111r. Walter Clements, City
<br />Attorney and Tyr.. H. G. Wray, City Engineer, were,present, and gave a report to the
<br />Board on the conference which they had with the Department of the State Board of
<br />Accounts in Indianapolis on October 20th., 193a. Mir. Clements stated that the State
<br />Board'of accounts gave him the opinion that the expense in connection with the proposed
<br />Western Avenue Improvement in the area of the present Railroad track, disbanded by
<br />the Grand Trunk,Western Railroad Company, could be charged or paid for out of the Track
<br />Elevation Fund,. The Board, therefore, by unanimous vote, adopted the following
<br />Resolution in connection with the Improvement of the area now occupied by the old right
<br />of way of the Grand 'Trunk Wes -ern Railroad Company on Western Avenue:
<br />R E S 0 L U T 1 0 N.
<br />WHEREAS, By virtue of the an agreement entered into on the 18th.31 day of
<br />February 1924, by and between the City of South Bend, Indiana, and the Grand Trunk
<br />Western Aa ilwa' Company, said Rai lway Company a greed for certain consid eration
<br />set f orth there in, to abandon and remove its main line trac ks on Division Street, now
<br />Western Avenue, in the city of South Bend, Indiana, and did further agree to acquire a
<br />different right of way, separ<ete and removed, from Western Avenye and upon which to
<br />elevate its r i n line t ra ck in the City of South Bend, Indiana; and
<br />WHERi',AS, By a supplemental agreement dated this 15th., day of November, 1927,
<br />said. Railway Company did further agree, in contemplation of its track elevation and
<br />track removal contract, to join right-of-way with the New York Central Railroad Company
<br />and to operate its main line railroad over said elevated tracks in'the City of South
<br />Bend, Indiana; and
<br />`AREAS, Such track removal and track elevation program is now completed,
<br />except far• the removal of the abandoned main line track, norv,, on Western Avenue; and
<br />171-w— REAS, The said Grand Trunk Railroad Company, by contract, has . to the right
<br />to, and is. desirous of , mmoving tine abandoned main line track still -remaining on
<br />Western Avenue and the removal of said main line track will necessitate a replacement
<br />of area, from vhich said track is removed, with a suitable type of pavement in 'con-
<br />formity with the exising xavanent now on Western Avenue for the accommodation of
<br />traffic;
<br />THEREFORE, Be it resolved by the Board of Public Works of the City Iof• South
<br />Bend, Indiana, that the said Grand Trunk f+estern Railway be immediately notified to
<br />proceed with removal of it s forner ma in 1 ine tra ck on Western Avenue westwardly from
<br />the east line of T ich igan Street in the City cf South Be re , Indiana; and
<br />Be it further resolved that the area from *,ich said track is removed be paved
<br />in the manner above set forth; and
<br />Be it further resolved that the expense of such- replacement be borne by the
<br />City of South Bend., estinated not to exceed Five Thousand Dollars ( 5,000.00), to be
<br />paid for out of funds now available in the Track Elevation Fund of said City.
<br />Board of Public Works
<br />George A. Schock, President
<br />1% E. Doran, Yember
<br />Ralph H. Kuss, Member
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<br />Meet i ng ad j ourn ed a t 12 o t c loc k noon.
<br />Attest:
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