10/21/1924 Board of Public Works Minutes

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522 Tuesday October 21st.. 1924. Board net in 1regular session at-9:00 A.M. All members present. Howard Feaser of the Feaser Coal Company;present*4 following petition and agreement which was approved by the Board *tad refer2'ed to the Common, OpUACU,, ;ry for ratifioatiox:- TO THE HONORABLE BOARD OF PUBLIC WORKS ...z OF THE CITY OF SOUTH ND, INDIANA. Gentlemen:- The undersigned, Feaser Coal Company, a oorporalior Of lhft Cl-t s hereby and by these presents make application and petition 'to -your Honorable Body for the right and privilege to construct and maiata-ix a single track siding across alley west of Main Street and across Stull•8traet in the City of South Bend, Indiana. This siding is to be constructed off of and from the main line diftho P. C. C. & St. L. Railroad, the total length of said siding to `be Three hundred and five (3051) feel, from its connection with the main lime at switch point, The'sidiag will be constructed entirely upon the right of way of the P. C. C.•& St. L. Railrod and Feaser Coal Company except only where it crosses Stull Street and the alley west of Main Street, and it is intended for and will be used by the Feaser Coal Company to be located at the northwest corner of Main Street and Stull Street in this City. Attached bkreto and made apart of this petition is a blue print which shows the correct location of the siding shown in yellow on said blue print i and the place where it is intended to be constructed and the measurements showing -t.he length of-"nsLruci,ion. The petitioner hereto also agrees upon the granting of the right herein petitioner for, to maintain the =ossing at Stull Street and alley in good - repair and keep same open to traffic, and to pave or^propgrly plank crossings if required. In consideration of this agreement made to said Feaser Coal Company by the City of South Bend, the said easl company agrees that if at any time any Industry located to the north of the track owned by the Feaser Coal Company shall desire to use said track siding that the same may be extbaded f4trther north under the following conditions! 1. That any such user. shall pay for the extension of said siding beyong the property of the said Feaser Coal Conpy. 2. And any such user shall paysto the Feaser Coal Company one-half of the cost of extending said siding from the min line to the south side of the Feaher Coal Company property. 3. Any such user shali further -agree not to interfere with the nebessary-use,of said siding by said Feaser COa1,Company in receiving, loading or unloading cars. : 4. Any such user shall indemnify said Feaser Coal Company from any liability from any aociden,, or injury oeeuring to any person or persons whatsoever who may be injured upon the property of the Feaser Coal Company or upon the side track 'constructed by then under this agreement . 5. The said Feaser Coal Company agrees that if this petition is granted -that it shall be granted under the foregoing conditions which shall be a part of the grant. WHEREFORE, your petitioner psayts that ilp be granted the right and privilege to construct and maintain said track over and across Stull Street ad and alley west of Main Street at said location as hereinbefore specifically set out and according to blue print attached. { Re spec tful ly, Approved this 21st. day of Oct. 1924. FEASER COAL COMPANY x CITY OF SOUTH BEND, INDIANA. BY GEO. W. FEASER BY L. B. SLAUGHTER President, L. P. HARDY By WILMA BARHHART, Secretary. ALBERT W. HONER Its Board of Public Works,