01/13/1920 Board of Public Works Minutes

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Board met in regular, sees ion at Mayor F . R . Cars on pre,s wat . 10:00 A.M. All members present. r Attorneys W. G. CarbT with Attorno.ys Jones and Obenchain Mr. Shernan, !and Mr. Cotter of Studdebaker � s , Mr . j Ba l lard , of the "w Jersey, Indiana and Illinois Railroad Company and others Appeared before the Beard and Attorney Grabill representing the New Jersey Indit'na &"Illinois .Railroad Company presented to the Board three copies of a petition of the New Jerso y, Indians and Illinois Railroad Company for �a franch-ise for an industrial spur track, which was placed on file by the Board as follows - Also a copy of form of res glut ion and( n. t ice of .hearing and form of advertising to be decided" on by the Board before ad`vert((is�i`ng for .wearing prov�_iding said petition is granted, waspresented. No action, was `tak�eri` an said petition, but the Board after due cons iderati.on dec ided to defer this mat�er until Friday Janusry 16th. ,1920 at 7:30 P.M. at which time°" a special. meeting of the Board will be held to discuss this matter. _. Alye blue int of o cs d Indust l s nur' and switch of New Jersey Ind Ia na and 11� i in o �s d . wa3 e c �s iv d placed on � �e . STATE OF INDIABiA BEFORE THE BOARD OF PUBLIC CORKS OF THE CITY OF SOUTH BEND. PETITION OF THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD - COMPANY FOR FRANCHISE FOR INDUSTRIAL SPUR .TRACK To the Honorable pia yor, ' Common Council and Board of Pub 1 is Works of the City. of South Bend; Your petitioner, the New Jersey, Indiana &.J111191s Railroad v Company, respectfully shows 'by this petition; ( 1. That said petitioner is a corpot at ion duly organized and existing under and by virtue --of the laws of the State of Ind Tana for the purpose of operating a steam railroad, and particularly orgattzed and; existing under and by virtue of the generallaws of said state pertaining to the organisation and existanee of steam re, ilraads. 2. That said petitioner is duly authorized and permitted` to maintain and operate 'its present steam railroad in the City of South Bend under and `by vittu.e of Ordinance Number 1260 adapted by the Common C ©une it of the City of South Bend, February 28th.1904. ' 3. 'four petitioner further respectfully shows that it owns, operates,. and.; controls a steam railroad in the said state of IndIana, and particularly in and through St. Joseph County, in said State, and in I and from the( station of Pixie in said County in a northerly direction in and to, the City of South Bend, and is a Common Carrier. o f freight and passengers for hire, both in state and interstate commerce; and that its line of :railroad connecting with and furnishers interchange of traffic with other limes of tailroid engaged in such commerce; that; in order to provide accommodation necessary and convenient tQQ accomplish the purpose for which said Compe,ny was ineorporate,c and order to, fsrnibh properL and adequate public facilities in the discharge of its duties as, suc common ca rr ier, and for the purpose of improvement of its road by the construction oraddtional main tracks, switches or passing sidings, it has become . and is necessary and desirable that sAdd petitioner construct and operate, an industrial spur pr wwlt h, hereinafter more specifically referred to; and that said petitioners has or is l now acquit i�ag necessary might of way therefor. And pat it ionerd says that it desires and inetends to use such industrial spur or switch and the right cif way and proper�yobtained therefor for railroad. purpaw*s , in the storing, receiving, handling" a delivery of freight and passenger cars, and the loading, unloading and interchange thereof, in the -d ischarge of its functionAs as such common carrier, and to put the same to such uses w such rights of way, tracks and facilities are generally put in he operation of a steam railiroad " as a public carrier.