06/16/1925 Board of Public Works Minutes

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68i 1CP 5 C o:stt, TkA following agreement was approved by the Board. THIS AGREEMENT, slide and ontered into this pith: day of June, 1925, by and between: the City of South Bend, Indiana, by,and through the Board of Public Works of the City of South,Bend, Indiarss, and the Chicago, .South Bend &.Northern Indiana Railway Company, a corporation duly created, organised and existing under the laws of the State Of Indiana,;WITNESSETH WHEREAS, under Resolution No. 1451 of said Board of'Fublic Works, - said City is about to pave that portion of MichiZ Mreet lying between a point 280 feet south of Bronson Street; and the ��north ' curb' line of Broadway, all in the said City of South Bend, and 'WHEREAS "the' pans and specifications for said Improvement oon- templ&te the paving by said City of said portion of said Michigan Street from curb to curb including for a, portion of the' distance the space between the rails and tracks of a single amid double track streot,railway line.of said railway eapany bn said portion of Michigan.Street, as well as'the space outside thereof; And, Whereas, said plans and secifications contemplate the paving by said.City of the space within and.betwaen the rails and tracks of said railway Company and one foot in width adjacent to but outside ofsaid track or tracks., with brick, and the balance of the space along and -within the line of improvement, with asphalt: NOW,-THEREA'ORE, it is agreed between the parties hereto that in consideration of the construction ( inlluding the"turnishing.of material and labor, and. the completion by said City ofthat+ portion of said pvement within and between the rails and tracks of said Company and the space one fool, in width adjacent to and outside of said track or tracks, according to the plans and speci- fications now on file with and adopted by said Board of Public Works, said Railway company hereby agrees to pay (.in case. -the oost per square yard.of paving within the street railway track area exceeds the cost per s quare yard of the paving of the asphalt area ) that part of the: oust: of said . pavement- hereinafter specified. But it -is expressly=agreed between the parties that, said railway Company shall be entitled to and shall pay said part of said cost on the ten year installment plan on the same basis as said installment plan is dxtended to property owners abutting upon the line of said improvement. And said City hereby agrees to take all such steps,and do all such things as may be necessary to be done by it to enable said Rail way P®mpany Ito'pay said -part of said cost in accordance with said installment plan. _ IT IS RINALLY AGREED'between the parties hereto that portion of said cost to to be paid by said Railway Company shall be the excess of the ,cost of the construction of said pavement An the area within and between said rails and tracks and one foot in width adjacent to and outside of said track or tracks, over what the cost of the construction of a pavement within said area would ba if sash pavement in said area were constructed of asphalt. IN WTTNESS WHEREOF the parties hereto have hereunto signed their names the day and date first above written. CITY OF SOUTH BEND, INDIANA. BY. L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER Board of Public Works thereof CHICAGO, SOUTH BEND & NORTHERN Attest:- INDIANA RAILWAY COMPANY OBY R. R. SMITH Oren A. Small Secretary Vice President Engineer signe4 assessment rolls and final estimates on the foloowing improvements:$ Water connections on Altgeld Avenue from Miami Street to Marine Street, under Improvement Resolution No. 1476 ---- Water connections on Talbot Avenue from Howard Street to SosCbk Bend Avenue under Improvement Resolution No. 1490. `. Assessment rolls adopted and final estimates allowed. Notice of',, adoption of the assessments rolls and of hearing upon the am* on the 24th, day of June 1925 at 7:15 P.M. ordered published as provided by law.