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22,E
<br />Board met in regular session at 10:00 A. VI. All members present.
<br />Petition presented to the Board by property holders living on west side of City and filed
<br />asking for. 15 minutes service on west Sample and Union Streets extendion of Chapin. Street
<br />line of Street Railway Company. The matter deferred until Tuesday December 30th.1,1913
<br />at 10:00 A.M; I
<br />The City Attorney reported on the following :'-Agreement- The Board -signed and referred the
<br />r same back to the Chicago,Indiana & Southern R.R.Co. for their signatures.
<br />AGREEMENT.
<br />Where, the City of South Bend, by and through its Board of Public
<br />.Works, has passed a resolution for the improvement of Ford Street from Arnold Street to the
<br />tracks of the Chicago, Indiana & Southern Railroad Company, sai6 improvement consisting
<br />of the paving of said Ford Street with a brick pavement, and
<br />Where the said City of South Bend, by and through its Board of
<br />Public Works, deems it a publie`neeessity to provide sewerage for the property on Ford
<br />Street between Harris Street and thr tracks of the Chicago, Indiana & Southern Railroad
<br />Company upon Ford Street, by the construction of a line of sewer along and upon said -
<br />street, and
<br />Whereas the Chicago, Indiana & Southern Railroad Company has hereto-
<br />fore constructed and now owns a line of sewer in said Ford Street extending from its said
<br />tracks to a point where it connects with a pipe line of seiner heretofore constructed by
<br />said City of South Bend in the said Ford Street, which said sewer extends from Harris
<br />Street eastward, and
<br />Whereas said line of sewer owned as aforesaid by the said Chicago,
<br />Indiana & Southern Railroad Company now serves said Railroad Company ands is of great
<br />value, and
<br />Whereas said sewer so constructed, maintained and owned by the
<br />said Chi Sago, Indiana & Southern Railroad Company, is constructed bf vitrified dewier
<br />pipe and sealed and of sufficient capacity to reasonably serve said Ford Street and is
<br />deemed by said City sufficient to provide sewerage for the citizens residing on said
<br />Ford Street and those to be served by a sewer therein, and
<br />Whereas the said Chicago, Indiana & Southern Railroad Company would
<br />be assessed on a sewer if the said City should construct one in, along and upon said Ford
<br />Street aforesaid.
<br />NOW,THEREFORE, for and A consideration of the mutual covenants and
<br />agreements herein stated, the said Chicago, Indiana & Southern Railroad Company does agree
<br />hereby set over, deliver, transfer and assign all of its right,title and interest in
<br />and to said sewer constructed, laid, maintained and operated upon and along said Ford
<br />Street in said City of South Bend, and the said City of South Bend does hereby accept,
<br />adopted and reeeive said sewer as the sewer of said City and said City of South Bend, in
<br />consideration of the transfer, assignment and delivery of said sewer by said Chicago,
<br />Indiana & Southern Railroad Company to said City, does hereby promise and agree that the
<br />said Chicago, Indiana & Southern Railroad Company shall be relieved from any sewer assess-
<br />ment for the construction of a sewer in, along and upon Ford Street where said sewer is now
<br />maintained at this time and so long as the said sewer is sufficient and adequate for the
<br />needs of the said part of said Ford Street from Harris Street to the tracks of said
<br />Chicago, Indiana & Southern Railroad Company, and the property abutting thereon, but
<br />this shall not be constructed to mean that said Railroad Company, or the land which
<br />it now owns, shall be exempt from assessments made according to law in the event any new
<br />sewer or sewers should at any future time be constructed in said street it in its vici-
<br />nity to sewer the property of said Railroad Company, or its successors or assigns.
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