09/26/1925 Board of Public Works Special Meeting Minutes

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786 Saturdav Seotembf the New York Central Railroad Company is not liable under the Laws of the State of Indianaa, and the payment of such said chasrges, costs and expenses . shouH sh41d be made by the City of South Bend. THE NEW YORK CENTRAL RAILROAD o COMPANY By JOHN A GAVIT JOH1r G. YEACLEY Attorneys. Above placed on file. J The Board having -under (consideration the plans, 'specifications and estimates of cost, heretofore filed on or before the llththe Grand , day of September,' Trunkwe stern Railway 19250 by the New York Central Railroad Company, Company, the Indiana Northern Railroad Company and the City of South Band,. covering the work to be done under Modifio4 iwo0le lk"440'" Ra901"*10Z wqf 4 adopted on the 9th. day of Januarys 1925, and it appearing tothe Board tiiaat notice of a hearing upon remonstrance thereto has been duly published as -pro- vided by law and that at least ten days written notice of such hearing has been served on each of the steam railroads and street railroads affected by the pro- oeedings, proof of which publication and service is now`on file in the office of said Board andbs�s ow the tvenv York Central Ra:11ROftd Co. xnder and files their writter remonstrance. whioh= said remonstrance is now, over -ruled and it, further appearing to the poard ?,hat no other written remonstrances have been-- filed and that no other person, firm or corporation interested in or affected by such improvement snit tho cost thereof has, in anyway remonstratec�__�g_ainst such plans, specifications or estimates o r any part thereof,.the Board of of Public works now approves and confirms all of such plans and speo.ifioations and allows the estimates so filed on the Ilth, stay of September,l925,"and the said Board now makes its allotment of said work as follows, to -wit:- and L. That the N�� York withinnthel Rail lens,O�pecifications.any lanc��estim�ates perform all of the work included p filed by, it. 20 That the Indianallorthern Railroad- Company shall do and perform all of the work included within the plans, specifications and estimates filed by it 3. That the City of .South Bend sha11'Cionciyperf'orm all of the work included within the plans, specifications and estimates filed by it, 4., Thai, the Grand Trunk western Railway Compaany shall do and perform All of .the work sneluded within the plans, specifications and estimates filed by it.. 5. The -foregoing allotment of work shall -not; be construed as any division of costs of any of said work, but the Board expressly leaves all questions as to divisO4 of costs and the proportionate liability of each and all of the parties affected fe f'uturedet?erminatibn as provided by lews _. The Board'url.her order's that all of said work"shall be -done as provided by. Modified Gracie Sepa,ra;`Lion Resolution No. 4 ana`'in accordance kith the glans and :specifications hereby approved and directs that such work be so planned and performed as to cause the least possible interruption of traffic and the least possible interference with the ope-rnti6r.nof stx„ee�t railways and. other public utilities. Vlitness our hands this'26th. day of September 1925, L. B. SLAUGHTER L. P. HARDY ALBERT F. HONER BOARD OF PUBLIC WORKS. Proofs,=of publieationq in News Times and South Bend Tribune with affidavit signed by ij. P. Reed Asst. Publisher of News Times, and Chas E. Crockett Publisher of the South Bend Tribune, stating that notice of herring was published on 15th. day of September and 22nd. 1925 ( Insert see filey files for original proofs.)