06/08/1939 Board of Public Works Special Meeting Minutes

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Im "And also, beginning at the Corner of Michigan Street and Washington Avenue; thence south on Michigan Street to.Jefferson Boulevard; . thence east on Jefferson Boulevard to Eddy Street; thence south on Eddy Street to ,Mishawaka aenues thence East on Mishawaka Avenue to the city limits of South Bend, returning over the same route to the Junction of Jefferson Boulevard and Lincoln Way East; thence over Lincoln Way East and Washington Avenue to the place of -beginning. "The said second parties agree to operate motor busses daily over said routes with a regular time schedule, adequate to the convenience and necessity of the users of said service, at the same rate of fare now being charged by the parties of the second part on other motor bus routes in said city, to -wit, a ten cent cash fare, and three tokens for twenty-five cents (each token giving a passenger the right to one ride or trip on a bus), together with the right of one transfer to either street cars or other busses operates by the parties of the second part. The party of the first part further grants the right to the parties of the second part to erect and maintain suitable signs along said streets and routes, advertising its stops and schedules, w1.ich right shall be subject to reasonable regulation by the Board of Public Works and Safety of said city. It further grants to the parties of the second part the right, until such time as said improvement is completed, to perate its aaid motor busses over such streets and avenues of said City as they may select and which lead into the same general sections of the city as are now served,.by said street car line. "It is -understood that in the removal of said railway track on Michigan. Street from Broadway Street south that the party of the first part shallremove all the rails and ties from such street and may sell the same without accounting to the parties of the second Dart, or either of them for the sale proceeds; how- ever, -the parties of the second part shall remove the overhead wires and poles, to which property it retains title and ownership. "It is understood that in the removal of said railway tracks on Jefferson .Boulevard, on Eddy Street and on Mishawaka Avenue that the party of the first part shall remove all the rails and ties from said street and may sell the same without accounting to the parties of the second part, or either of them for the sale proceeds; however, the parties of the second part shall remove the overhead wires and poles, to which property it retains title and ownership. "It is understood that the parties of the second part will not be able to acquire motor busses with which to provide the bus service above -described until six weeks after the signing and ratification of this agreement. "It is further understood between the parties hereto that the parties of the second part shall continue the operation of its Notre Dame Avenue car line over a single track from the corner of Hill Street and Jefferson Boulevard con- structed so as to connect with the present double track over the S4.. Joseph River Bridge on Jefferson Boulevard. "It is further understood and agreed between the parties hereto that on other street railway lines as now existing in the City of South Bend this same form of contract shall govern the substitution of motor bus service for service by elec- tric street railway cars, when and as made, "The parties hereto further agree that this contract shall not be binding and effective until and unless the same is approved by ordinance 62 the Common Council of said City, and by order of the St. Joseph Circuit Court. "That upon the final and complete execution and approval of this contract as aforesaid and after August 15, 1939, the party of the first part shall have the right to remove any or all of the railway rails,, ties and property now placed or contained in the street pavement along said route, and it shall have a right to use, dispose of or sell all of said rails, ties and property. The parties of the second part.shall not be required to remove any of said rails, ties or property in the pavement; provided, however, that said property shall not be removed, nor shall said permits or franchises be cancel3e d, if or while any citizens or inteimted person shall contest the validity of this contract or of any of the permits, franchises or privileges herein granted by the party of the first part to the parties of the second part. "IN WITNESS 'NHEREOF, the first party has hereunto signed by the members of its Board of Public Works and party, Northern Indiana Railway, Inc. by its President Receiver has also affirmed his name. UTH BEND, INDIANA CITY OF s caused its name to be Safety, and the second and Secretary and said c aor NORTHERN INDIANA RAILWAY, INC. By ATTF, / �1 Its President y • 0 • • 7 0 •