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<br />Wednesday April 23, 1924. Cnntinued.
<br />rained in an ordinance adopted n the 28th clay of F bruary, .1904, and € ll
<br />ordinances amendatory thereof or supplemental Cher to.
<br />The said. New Jersey, Indiana &.Illmnois.Ra.lroad Co#*Any, its successors
<br />and assigns shall so construct its said tracks as o cause the least obstruction
<br />possible to the Massage 0, persons and vehicles and shall always mainatin said
<br />crossing so as to make the same safe and convenient for the passage of persons
<br />and vehicles, and shall at all times, when required by the Common Council of the
<br />City,'and at itsown expense put on flagmen at said street crossings, and said
<br />Company, its successors assigns, shall make and maintain.under its said tracks,
<br />sufficient culverts and drains to admit the free passage of water along said
<br />street and shell when required by said City plank said tracks between rails and
<br />within at least six (6) feet, on each side of said rails at such street crossing
<br />the entire width of said street and shall when so required also, plank the side-
<br />walks where they cross such tracks and shall keep such crossings when so made in
<br />good repair and condition;
<br />If said -Railroad Company, its successors and assigns, after notice, shall
<br />fail or refuse to doany and all of the things required by this contract, then
<br />the same shall be done under the orders of the Council by the Streeet Commissioner
<br />of this City and the expense of doing same, with a penalty of twenty (20) per cent,
<br />be recovered from said Company, its successors and assigns, in any court of
<br />competent jurisdiction.
<br />The said Railroad Company, its successors and assigns, shall be subject
<br />to all ordinances and regulations now. in force, or any that maybe hereafter
<br />passed by the Common Council of said City in relation to the speed of trains in
<br />or through the City and.the security of citizens and others frmm,the operation of
<br />trains in or through said City and to all reasonable regulations and ordinances
<br />concerning the running and operation of railroads in said City.
<br />The rights and privileges herein granted to construct, maintain, and
<br />operate additional switch or yard tracks shall include the right to construct,,
<br />maintain and operate such turnouts, crossovers and connections as.may.be
<br />necessary.
<br />To each of the terms, canditions, provisions, stipulations, and re-
<br />quirements of this contract the City.of South Bend, by and through its Board of
<br />Public Works, alrty of the first Rart herein and the said New Jersey, Indiana &
<br />Illinois Railroad CmmPany, alrty of the second part herein, CIO fully agree and do'
<br />bind themselves, their successors and assigns.
<br />The permission hereby given shall be subject to the approval and confirm-
<br />ation df the Common Council.of the City`of South Bend.
<br />AND, BE IT FURTHER -RESOLVED, by said Board of Public Works, that Tuesday,
<br />the 13th day if May, 1924., at 9 o'clock A.M. at the office of said Board of Public
<br />Works in the City of South Bend, Indiana, be fixed as the time and place when and'
<br />where this resolution shall be finally considered and a public hearing th ereon be
<br />had, and at which time Portests against any or all the provisions of said reso-
<br />lution shall be heard and considered, and that notice of the time and place of
<br />such hearing shall be given as required by law.
<br />IN TESTIMONY WHEREOF,'we have hereunto set our hands and seals this 23rd,
<br />day of April; 1924, in duplicate.
<br />THE CITY OF SOUTH BEND.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Board of Public Works of
<br />NEWJERSEY, INDIA�IA & ICity
<br />LLINOIS
<br />hhILROAD COMPANY,
<br />By T. A. Hynes
<br />President.
<br />Attorney Elias Strickland, representing Studebaker Corporation, appeared
<br />before the Board in regard to lea se 'by Studebaker Bros. Mfg. Co. to City of South
<br />Bend, under date of February 27, 1907, of land used by No. 2 Hose House as a
<br />park.
<br />After discussion the Board authorized cancellation of the lease and
<br />Mr. Strickland agreed to have the Studebaker Corporation provide an agreement
<br />and forward same to the Board permitting the use of said land for recreation
<br />purposes by No. 2 Hose House.
<br />Deferred hearing had on Condemnation Resolution No. 73 for Easement for
<br />trunk sewer. TKe Board directed that a letter be sent by the Clerk to Attorney
<br />Crumpacker showing record of eontinuance.on said res&lution and stating that if
<br />easement is not in by April 30, 1924, that resolution will be confirmed as it
<br />now stands. Hearing thereupon deferred until April 30, 1924.
<br />Appraisers report filed on St. Peter Street Vacation; same held up until
<br />Tuesday, April 29, 1924.
<br />Communication rece-ived from New Jersey, Indiana & Illinois Railroad Co.
<br />in regard to sidewalk on Huron Street; same read and placed on file.
<br />Complaints about poles in city reported on by Nr, lZualls, Pole snc ,"'ire
<br />Inspector, as follows:
<br />At No. �128 North Olive Street, pole in way of new garage at rear: rec-
<br />omnende Re 9RA8dbthRmoc ne e ei g it pt e nd��8�nbep em�v d from in front of
<br />t4
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