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<br />Wednesday October 24th., 1923. Continued.
<br />North Range 2 East, additional switch or yard tracks, in said City; that said
<br />.petitioner has by pirehase, acquired the fee simple title to the necessary lad
<br />lands -therefor. And petitioner s-.ys that it desires and intends to use such
<br />additional side or yard tracks, and the land obtained therefore for railroad
<br />purppeae in the storing, receiving, handling and delivery of freight and,passeR
<br />ger cars and locomotives and for storage and handling of locomotives and tendev
<br />and to put the, same to such uses as such yard tracks and facilities are general
<br />ly ;_,ut in.the operation of a steam railroad as a public carrier,.
<br />4. That all of said add Lion ,i _tracks will stand upon land owned
<br />by petitioner; that t1a,e exact location of said tracks is.more specifically
<br />shorn by a map attached hereto and made a part of this petition,
<br />WHEREFORE THIS petitioner prays that it be granted permission _
<br />to construct, maintain and operate said additional tracks across Kaley Street $
<br />in the City of South Bend,
<br />NEW JERSEY, Indiana at Illinois
<br />Railroad Company -
<br />• BY TONES, Montgomery $i Obenchain
<br />i-,j,orney.
<br />IN THE MATTER OF THE PETITION OF THE NEW
<br />JERSEY, INDIANA AND ILLINOIS RAILROAD
<br />COMPANY FOR PERIiISSION TO CONSTRUCT,
<br />MAINTAIN AND OPERATE ADDITIONAL SWITCH IrsakX
<br />OR YARD TRACKS ACROSS KALEY STREET IN THE CITY
<br />OF SOUTH BEND,
<br />R E S 0 L U T I o n.
<br />RESOLVED, by hhe Board of Public Works in the City of South
<br />Bend,,Indiana, that the petition of the New Jersey, Indiana & Illinois Railroad
<br />Company heretofore filed, asking for permission to consl„ruct, maintain and
<br />operate eight additional 'switch or yard tracks across Kaley Street, as here-
<br />inafter further set forth, be and the same is hereby granted, on the following
<br />terms and.conditions, to--wit:-
<br />1. Said additional switch or yard tracks shall be constructed
<br />on lands owned by the.New Jersey, Indiana & Illinois Railroad Company and
<br />situated in the north part of the S. W. k of Section 15 t. 37 n. R. 2 E. and
<br />shall cross kaley Street at grade.
<br />2. Said additional switch or yard tracks shall be constructed
<br />maintained, used and operated according to the terns of the franchises hereto-
<br />fore granted to the said New Jersey, Indiana:& Illinois Railroad Company, which,
<br />said franchises were contained in an Ordinance adopted on the 2Rth.' day of
<br />February , 19049, and an ordinance adopted 'on the 12th. day of July 1920, and
<br />all ordinances amendRtory thereof or supplemental thereto.
<br />The said New Jersey, Indiana & Illinois Railroad Company,
<br />its successors and assigns shall bo construct its said tracks as to cause the
<br />least obstruction possible to the passage of persons and vehciles and shall
<br />always maintain said crossing so as to make the same safe and convenient
<br />f for the passage of persons and vehicles, and shall at all times, when required
<br />by the Common Council of the City, and at its own expense put an flagmen at
<br />sa2d street crossing, and said Company, its successors and assigns, shall make
<br />and maintain under its said tracks, sufficient culverts and (?rains to admit the
<br />free passage of water along said street and shall when required by said City
<br />plank said tracks between rails anc� within at least six 96) feet on each side
<br />of said rails at such street_drossing the entire width pf said street and
<br />shall when so required also plank the sidewalks where they cross such tracks ad
<br />and shall keep such crossings when so made in good repair and enditiaa enditios
<br />If said Railroad Company, its successors and assigns,
<br />afternotices shall fail or refuse to do any and all of. the things required by
<br />this contract, then the same ,shall be done .under the orderes of the Council by
<br />the -Street Commissioners of this City and the expense of doing the same, with
<br />a ,penalty of twenty (20per cent) .pKx be .receovered from said Company, its
<br />successors and assigns in any court -of competent jurisdiction.
<br />The said Railroad Company, its successors and assigns,
<br />shall be subject to all ordinances and regulations now in force, or any that
<br />maybe hereafter passed by the Common Council of said City in relation tothe
<br />spee-ed of trains in or through the City and the security of citizens and others
<br />from the operation of trains ;in or Through said City and to all reasonable
<br />regulations and ordinances concerning the running and operation of railroads
<br />in saide City.
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