05/25/1937 Board of Public Works Special Meeting Minutes

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301 A special meeting of the Board of Public Works was held on Tuesday, May 25, 1937) at 10:00 A. M. All members were present. The purpose of this special meeting was to determine whether the Board would consider entering into a contract with the Northern Indiana Railway, Inc. for the elimination of street cars on Portage Avenue and the substitution of buses. It was regularly moved, seconded and carried that this matter would be considered. Mr. R. R. Smith, Receiver of the Northern Indiana Railway, Inc., having exhibited evidence of legal publication of an Agreement under consideration for the elimination of street cars on Portage Avenue from Keller Street to Navarre Street; thence East on Navarre Street to Michigan Street; thence south on Michigan Street to LaSalle Avenue, which is as follows: AGREUVIENT This Agreement made and entered into this 25th day of May, 1937, by and between the City of South Bend, Indiana, by and through its Board of Public Works and Safety, hereinafter called the first party, and the Northern Indiana Railway, Inc., a corporation organized under the laws of the State of Indiana, and Raymond • R. Smith, Receiver of said Northern Indiana Railway, Inc., their successors and assigns, hereinafter called parties of the second part, VVITNESSETH: That Whereas, the parties of the second part now have and own an indeterminate permit to operate, as a part of their street railway system in said City of South Bend, a. local street car service for the carriage of passengers for hire over the following route, viz: On Portage Avenue from its intersection with Keller Street, south- easterly to its intersection with Navarre Street; thence Easton Navarre Street to its intersection with Michigan Street; thence south on Michigan Street to its intersection with LaSalle Avenue; and said parties of the second part now have street railway tracks laid. in said streets and are operating street cars over the same and along said route for the carriage of passengers for hire, and have the indeterminate right to continue to • operate street cars over and upon said streets; And Whereas, said party of the first Dart is about to relay the pavement on said Portage Avenue, and has requested the parties of the second part to remove their said street railway tracks not only from said Avenue, but from all the streets and avenues first above described; and has requested them to remove their railway tracks from said streets, and in place of said service to install and • operate automobile or motor busses for the carriage of passengers for hire, and said parties of the second part are willing to comply with said requests in consideration that said City grants to them the right to operate motor busses over said streets and into the same general territory for the carriage of passengers for hire. Therefore, consent, permission and authority are hereby granted and given by the party of the first part, to and vested in the parties of the second (part, their successors and assigns, subject to the conditions hereinafter speci- fied, to operate vehicles, commonly known as motor busses, for the purpose of carrying passengers for hire, from the date of this agreement, over the following route in said City of South Bend, to -wit: I Starting on Portage Avenue at its intersection with Keller Street; thence southeasterly on Portage Avenue to its intersection with Navarre Street; thence East on Navarre Street to its intersection with Michigan Street; thence south on Michigan Street to its inter- section with Washington Street; thence west on Washington Street to its intersection with Main Street; thence North on Main Street to its intersection with Navarre Street; thence west and northwesterly