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i <br />59 <br />Tuesday October 23rd., 1923. <br />Board met in special session Wit, 7:30 P.M. Mr. L. P, Hardy absent. <br />Meeting adourned;to the Council rooms., <br />!This Meeting called to notify contractors and plumbens, of Ordinances <br />pertaining to excavations in City Streets. About one hundred parties were present <br />and each was presented with a copy of ordinances, and instructed: to obtain permit <br />from Zngineering Department before starting any excavations. <br />Attest : - <br />Presid nt. <br />t <br />Clark _of the Boars' r`��- <br />Wednesday October 24th., 1923.' <br />Board mety in special session at 9:00 A.M. L. P, Hardy absent. <br />Atty. Obenchain and Walter Dennis reprlesenitng the New Tersey, <br />Indiana and Illinois Railway Company in reg and to resolution for vacation of a <br />part of-Kaley Street under Vacation Resolution No. 18 and same is continued to <br />October 31st., 1923.at 10:00 A.M. - - 4 <br />Attorney OBanehain presented petition.and resolution with <br />blue prints for the crossing of Kaley Street with eight (8) additional switch <br />tracks. Petition approved and resolution adopted and set for hearing as follows:-* <br />STATE OF INDIANA ) <br />S' . JOSEPH- COUNTY ) SS <br />B&FORZ TH& BOARD OF PUBLIC WORKS OF TH& CITY OF SOUTH <br />By ND. <br />PETITION OF TH& N&W J.&RSVY, INDIANA & ILLINOIS RAILROAD <br />COMPANY FOR CONSENT TO LAY ADDITIONAL TRACKS. <br />To the Honorable Mayor, Common Council, and Board of Works of the City of South Bend <br />Your petitioner, the New Jersey, Indiana & Illinoi-'s Railroad <br />Compny, respectfully show by this, its petition: <br />1. That said petitioner is a corporation duly organized and <br />existing for the purpose of operating a steam railroad and particularly organized and <br />existing under and by virtue of hhe general laws of the said State .pertaining tithe <br />organization and existence ff steam railroads. <br />2 That said petitioner is duly authorized to maintain and <br />operate its present steam railroad in the City of South Bend under and by virtue of <br />Ordinance Number 1250 adopted by the Common Council of the City of South Bend, Februar, <br />28th., 1904,"and Ordinance Number 2100, adopted by the Common Council of the City <br />of South Bend, July 12th., 1920. _ <br />3. Your petitioner further sespeetfully shows that its owns, c <br />operates and eontrols� a` steam. railroad in the said State of Indiana, and partiularly <br />in and through St. -Joseph County, in said State, and in an from the station of Pine <br />in said County in a northerly direction in and to the City of South Bend., and is a <br />common carrier of Freight, and passengers for hire, both in stag and interstate com- <br />merce; and that its line of railroad connects with and furnishes interchange of traffi4 <br />:rith other lines of `railroad engaged in such commerce; that in order to jaztxteprovide <br />accommodations necessary to accomplish the purpose for which said Company was <br />incorporated, and in order to furnish proper and adequate public facilities in the <br />discharge of -its duties as such common carrier, and for the purpose of -improvement of <br />its road by hhe onstruction of additional yard facilities and round house, it has <br />become and is necessary and desirbble that the said petitioner construct, operate <br />and maintain across Kaley Street, in the Southwest gyuarter of Section 15,Township 37 <br />E. <br />