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186 <br />13th.. 1922. Continued. <br />IN THE MATTER OF THE PETITION <br />OF THE NEW JERSEY, INDIANA & ILLINOIS <br />°RAILROAD COMPANY FOR PERMISSION TO <br />CONSTRUCT, MAINTAIN AND OPERATE <br />ADDITIONAL SWITCH OR YARD TRACKS <br />ACROSS CERTAIN STREETS AND ATZEYS <br />IN THE CITY OF SOUTH BEND . <br />R E S O L U T I O N. <br />THIS AGREEMENT, made and entered into at the City of South Bend, <br />this 13th. day of June, 19229 by and between the City of South Bend, acting by and <br />through its Board of Public Works, and the New Jersey, Indiana & Illinois Railroad <br />Company, <br />WITNESSETH, thst Whereas the &bove named parties entered into a <br />certain franchise for the construction, operation and maintenance by the said <br />Railroad Company of an industrial spur track, extmddng from the main line of <br />said Railroad Company to the Southwest cornerof the Studebaker Corporations' <br />Plant in the City of South Bend, which contract was duly ratified by Ordinance No. <br />21009 passed by the Common Council of said City on July 12th.9 1920 and <br />WHEREAS, in said franchise it was provided " The right and privilege <br />herein granted -to construct, maintain and operate an industrial spur track shall in- <br />clude the right to contract, maintain, and operate a single or double 'track with <br />such sidetracks, switches, turnouts.and crossovers as may be necessary, provided, <br />however, that the New Jersey Indiana & Illinois Railroad Company, its successors <br />and assigns shall not for any purpose cross any street with more than two tracks <br />without furAher consent of the Cityy, but no crossover or turnout sha1T be constructee <br />or maintained in any -existing or future street," and <br />WHEREAS, the said Railroad Company new desires to crass certain <br />streets in the vicinity of the Studebaker Corporation's plant with more than} two > <br />(2) tracks. , d etwee a artieg that said <br />Railroad Compa�A i 0 e io s c aa� _ mp ►e ci o con t at, operate and <br />maintain one 11T addiVonal track across Prairie Avenue; two 2 additional tracks <br />across Catalpa Avenue; four (41 dditional tracks across the alley between Catalpa <br />A ehue and.Chapin Street; five (5 additional tracks across Chapin Street and the <br />a�ley.between Chapi* Street and Kendall Street; and one 1) additional track across <br />Kendall Street. <br />This permission is given and acceppted, and said additional #packs <br />are to be laid by said New Jersey, Iniana & Illine3s Railroad Company subjeo t to <br />all the conditions stated in said Ordinance Numbered 2100 of said City, passed July <br />12th. 1920, authorising said Railroad Company to construct said industrial spur <br />.track, all the terms and coni tuns of which Ordinance Numbered 2100 are hereby made a <br />a part of this agreement. <br />The permission hereby given shall be subject to the approval and <br />confirmation of the Common Council of the City of South Bend, <br />THE CITY OF SOUTH BEND, <br />BY L. B. SLAUGHTER <br />L.P. HARDY > <br />ALBERT F. HONER <br />Board of Public Works. <br />NEW JERSEY, INDIANA & ILLINOIS RAILROAD <br />COMPANY. <br />BY T. A. HYNES. <br />President. <br />J. W. Toyne'Supt. of City Water Works appeared before the Beard, <br />in regard to taps into City property. Board granted Mr. Toyne permission to have <br />W. H. Burke Ca*tractor for water connections on Main Street to put in two <br />inch tap on property -owned by the City next to City Hall instead of one inch taps. <br />also to have a two inch taps put into City Hall. <br />Grade approved on 4th. Street from Mishawaka Avenue to 1st, alley <br />South of Vise Street, - <br />Communication received from Dr. Jacob Goldman in regard to pole <br />owned by Indiana Bell Telephone Company at corner of Greenlawn Avenue.and_Mishawaka <br />Avenue, and Board ordered same moved. ° <br />AttorneArthur gubbard appeared before the Board and presented <br />petition. for the vacatioK of the first east and west alley north of Navarre Street <br />for the distance of one half block along the north half block along the north <br />line of the property of Epworth Hospital and Training Scheel as shown by Sketch <br />below. The plans of the hhospital calls for the use of this alley. Same fled and <br />resolution ordered prepared. <br />