05/29/1939 Board of Public Works Minutes

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and as,indieated on the blue print attached to the Railroad's petition for said grant. bi. Section 2. Said track shall be so constructed acras•s said alley as not to interfere with the free use thereof. Section 3. The part of said alley lying between said track, and on the outside of the rails to the extent of eighteen (18) inches, shall be kept by the Railroad in as good repair and condition, con- sidering the nature of the use, as other parts of said alley arekept by said City, and shall be paved and improved by the Railroad with the same material or as good material as the balance of said highway at said intersection. Section 4. This agreement shall constitute an indeterminate per- mit under and pursuant to the terms and provisions of the Public Ser- vice 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 thereof shall become effective. Section 5. This agreement shall be binding on and inure.to the benefit of thelmrties hereto and their successors and assigns, respec- tively, and shall be in full force and effect from and after the date of its being approved by ordinance duly adopted by the Common Council of the City of South Bend, Indiana. CITY UT BENNDDo INDIANA BZ G; est. It BPublicW s • and Safety It Cler CHICAGO, SOUTH SHORE AND SOUTH BEND RAILROAD At By OIts Vice- resident Its Secretary •' NOW, THEREFORE, BE IT RESOLVED, That pursuant to the Statutes of Indiana in such cases made and provided said Board of Public Works and Safety does now fix the time at which said contract shall be finally considered as the 19th day of June, 1939, at the hour of 9:00 o'clock, A.M., at the office of said Board of Public Works and Safety in the City Hall in said City of Sout# Bend, Indiana, at which time and place a public hearing shall be heard, to which any tax payer in said city may appear and file protest against any or all of the provisions of said contract. BE IT FURTHER RESOLVED, that Chicago, South Shore and South Bend Railroad shall, at its own expense, cause the full and complete text of said enntract to be published -as required by law with notice of the time and place of said hearing in the South Bend Tribune and the South Bend Mirror, two newspapers of general circulation, printed in the English language, in S . Joseph County, Indiana; said Railroad shall likewise post a copy of said contract and notice of the time and place of said hearing in ten (10) public places in said City of South Bend,Indiana. Adopted this 29th day of May, 1939. boara oY ruoiicworx Safety of the City of Sout end,Ind. At C e letter of complaint from Roland Obenchain regarding the condition of a cement curb at 1321 Miami Street was received by the City Attorney and referred to the Board. The communication was referred back to the City Attorney by the Board for investigation. /The City Attorneyreported that he had investigated a petition signed by certain property wners relative to Mr. A. Reibeck at 3128 W. Sample Street. The petition alleges that Mr. Reibeck raises live stock and engages in farming on his premises. The Board finds, upon investigation, that there is no ordinance which w ould permit the Board to prohibit Mr. Reibeck from further carry* on these practices. Accordingly, the following letter was addressed to the petitioners':