11/01/1932 Board of Public Works Minutes

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4es Tuesday, November ist. , 1932. agreement on the part of said second. party to carefully eonst7u.ct said railroad track across said thoroughfare and to make the approaches thereto as well as the crossing in good and proper condition for using by the public and at all times to keep and maintain said crossing in good and safe condition for public travel, the said f irst party does hereby grant unto said second party, the right to construct and maintain said railroad track. Section 4. That the trolley wires shall be suspended at a height of not less than eighteen and one-half feet above the rails of said track. The said trolley wires shall be suspended from spay wires, cross arms or supports attached to sub- stantial wood, iron or steel poles or simildr structures aT least as substantial and safe. Poles andsupports for said wires, when located in the street, shall be placed ed jacent to the curb line of t", e s treet. Co .sent and permission is also given to the Railroad to connect its said wires witt-, its power hol,.ses, stations, sub -stations, transmission lines and sources of electric supply. Section 5. The Railroad may make all necessary openings in saidstreets, alleys, roads and highways f cr the purposes aforesaid and when making° such openings and constructing or repairing its said track on and across said streets, alleys, roads and highways, it stall by signal and. otherwise do all things necessary to pro- tect the public from injury, and to prevent any injury to persons or to property, and shall save and hold harmless said City from all damages, costs and expenses which said City shall be compelled to pay as the result of any default, carelessness or neglect of the Railroad in the c--;nstruction, maintenance and operation of its said track on and across said streets, as hereby authorized and per4itted, provided, however that said City shall promptly notify the Railroad of any suit brought against said city. Section 6. This agreement shall constitute an indeterminate permit under and pursuant to the terms and provisions of the Public Service Commission Law of the State of Indiana, and in the event of the repeal of said law, this agreement shall extend for and during the term of twenty-five (25 ) years from and after the date that the repeal there of becomes effective. Section 7. This agreement and all of tts terms and provisions shall be binding on and inure to the benefit of the parties hereto and their successors and assigns respectfully, and shall be in full force and effect from and after the date of its being approved. by ordinance duly adopted by the Common Countil of said City of South Band, Indiana. In witness whereof, the parties hereto have hereunto set their hands and seals the day and 7,ear f irst above written. CITY OF SO Ui H BAND. By George A. Schock i.°. E. Doran Ralph H. Kuss Its Bo-rd of Public 71orks Attest: Hazel A. Turner, It's Clerk. CHICAGO 'SOUTH SHORE AND SOUTH IEND RAILROAD By W. A. Sauer, It's Ji ce -Pre s is e nt Attest: B. R. Nightingale, Its Asst. Secretary. City Engineer, IT. G. Wray, submitted the Final Estimate for the construction of the local sewer in Huey Street from Keller Street to Bryan and in Mprquette Blvd . , from alley west _of O'Brien Street to Huey Street under Improvement Resolution No.2473. The Board signed and approved scne in the sum of $1,661.42. .The following letter from The Williston Construction Company was read and ordered placed on fi le : November lst . , 1932 Board of Public Works, Cmty of South Bend, South Bend, Ind is na. Gentlemen: We hereby accept the award made .to us on October 26th. , for constructing a concrete base in the -track area on Western Avenue, from the east line of 1111chie-an Street to a point west of Laurel Street, as Per pir hid suit it�ed �t a price of 4.5k6 per cubic yard of concrete , in accordance with plans and specs ice. cons for this wor • 0 • 0 • •