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Tuesday, November 1st. , 1932 <br />71H=1,AS, proof of publication of the fta.11 and complete text of the pro- <br />posed franchise, grant and contract in the South Bend Nets Times ion the 14th. , day <br />of October, 1932, and on the 21st. , day of Octobet, 1932, imd in the South Bend Tribune <br />on the 14th*', day of October, 1932 and. on the 21st. , day cf October, 1932, being two. <br />d.amly newspapers of eeneral circulation printed iii the English language in said St. <br />Joseph County, Indiana, and proof of the posting of notice of the frill and complete <br />text of said proposed franchise, grant and contract in ten public places within the <br />City of. South -end on the 14th. , day of October, 1932, has been duly made., and all <br />Of terms €grid provisions of the statutes of the State of Indiana have been fully com- <br />plied. Trith; and <br />WIT,, F9, AS <br />I et this meeting of the Board of Public Works of the City of <br />South Bend, Indiana , held on the 1st. , day of November, 1932, commencing at the hour <br />I of 10 o'clock A. M., a_ public hearing was had on said franchise, grant and contract, <br />and no protest has been filed by any taxpayer of said City to the granting or making <br />of such franchise, grant and contract, it is now? on motion made and seconded?; <br />RESOLVED, the the Board of Public woorks of the City of South Bend, now <br />enter into, make and execute the said franchise,grant and. contract to and with the <br />Chicago, South Shore and.South Bed Railroad in the manner and form proposed by the <br />Board of Public 111,1orks at its meeting on the llth. , day of October, 1932, as it appears <br />in the re co rd of said meeting. <br />Adopted this 1st. , day of November, 1932. <br />George A. Schock <br />M. E..Doran <br />Ralph H. Kuss <br />ATTESTED: BOARD OF PUBLIC T0 RKS <br />Hazel A. Turner, Clerk. <br />i <br />+� C O ITT T R h C T W I T H T H E C H I C A G O S O U T H S H O R E <br />A N D S OUTH BEND RA ILRO aD C OIPANY. <br />THIS ACREEP.TNT, dated this 1st. , day of November, 1932, made and entered <br />into by and between the City of South Bend, Indiana, acting by and through its Board <br />,of Public Works Party of the First Part, herein sometimes called the "City", and <br />Chicago, South shore and South Bend-Railrcad, a corporation created and organized <br />under the laws of the State of Indiana, Party of. the Second Part, herein sometimes <br />ba lle d the "Railroad", WITNE SSETH : <br />1 <br />Section 1. That consent is hereby given, by the City to the .Railroad <br />to loea to , construct, maintain and operate its railroad track, including poles, supports 1 <br />span wires, trolley wires, tr^nsmission and feed wires, telephone and telegraph hires, <br />guys, braces, fixtures, appliances and appurtenances used in the operation of its <br />railroad , over, upon .and across Orange StreP,et , the first alley east of e ade Street, j <br />Fremont Street, the first alley east of Fremonst Street and all other public streets <br />and? alleys, roads and highways not specifically named, but which are intersected by � <br />the proposed route, the central line of which is approximately as follows: <br />Beginning- 2t a -point on the center, line of Orange Street just east j <br />from the northeasterly line of Washington Street, as now located; <br />thence eastwardly by a curve to the right, having a radius of two h j <br />hundred (200) feet, a. distance of approximately one hundred seventy <br />(170) feet crossing the south hald of Orange Street, the northeast corner <br />of Lot numbered Forty-seven (47) of `h-est End cub -division, the alley west <br />of Fremont Street and on to Lot Numbered Forty-eight in airove mentioned <br />sub -division s1• thence continuing eastwardly from a point on Lot numbered <br />Forty-eight t48) by a curve to the left, having a radius of Two Hundred <br />(200) feet, a distance of appt_t� roximetely Eighty (80) feet to a point <br />in Lot numbered Forty-nine (49) on a line parallel to and seven (7) <br />feet no (0) inches northwardly from the northerly line of Washington <br />Street; thence continuing eastwardly, along a line parallel with and seven <br />(7) feet no (0) inches nor thwerdly from the northerly line of W shington <br />Street across the southerly portion cE Lots Numbered Fifty (50) and Eifty- <br />one (51) in said Sub -division; thence across Fremont Street on to land <br />lying between Fremont Street and the alley east thereof to the alley I <br />• east of Fremont Street; thence across the alley eat of Fremont Street to <br />land lying east cf the alley east of Fremont Street, having a total length <br />of approximately seven hundred twenty feet (720) , <br />'' and. to car z5 - assen freight, p gers , rght, mercrlandrse, baggage; expres and the United States <br />mail on and along said. street railroad, interbuban street railroad and suburban <br />:istreet railroad line. I <br />Section 2. That said track shall be so constructed across said streets, ! <br />alleys, roads and highways as not to interfere with the free use of the streets, <br />". ;alleys, roads F nd highways intersected and in such manner as to afford security for I <br />'life and propOrty and the Railroad shall restore said streets, alleys, roads and high- <br />,grays to their former state, or in a sufficient manner not to unnecessarily impair <br />the it usefulness. <br />I <br />Section 3. That for and in consideration of the premises and of the <br />