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<br />2. < Said industr dal spur track or:. tracks shall be constructed, zxm
<br />maintained, used, and operated according to the terms of the franchise heretofore
<br />granted to the said New Jersey, Indiana & Illinois Railroad Company, which said
<br />franchise was contained in a certain ordinance adopted on the 28th, day of
<br />Februsry,1904, and all ordinances. amendatory thereof or supplemental thereto 'that
<br />that this grant is made subject to the private rights o fthe owners of real estate
<br />over which said railroad may be located, and upon the express condition that when
<br />said railroad crosses any street or alley it shall be made to conform strictly
<br />to the grading of such street or alley as heretofore established, or as the same
<br />may be hereafter established by the City authorities, unless the City, upon applica
<br />tion of said Company, shall consent to variation of said grade.
<br />At all street crossings,, the said New Jersey, Indiana & Illinod
<br />Railroad Company, its successors\ and` assigns, shall so construct its said railroad
<br />as to cause the least obstruction possible to the , passage of persons and vehicles
<br />and shall always maintain said orosdings so as to make the same safe and convenient
<br />,for the passage of persons and vehicles, and shall at all times,.when required by
<br />the Common Council of the City, and at its own expense put ' on. flagmen , at any and
<br />all of the said crossings, and said Company, its successors and assigns, shall al-
<br />ways make and maintain under the line of its railroad within the City sufficient
<br />culverts and drains to admit of the free passage of water along the streets and
<br />alleys affected in any manner by the construction:. of said railroad and shall plank
<br />said track between the rails and within at least six feet 'on each side of said rail
<br />at all such crossings the entire width,of such streets and alleys and shall also
<br />plank the sidewalks when they cross such right of way and shall keep said crossing
<br />when so made in good repair and c and it ion.
<br />If said Railroad Company, its successors and assigns, after
<br />notice, shall fail or refuse to do any and all of the things required by the Ordin-
<br />ance, then the same shall be done under the orders.of the Council by the Street
<br />Commissioners of this City and the expense of doing the same, with penalty of twerp
<br />per cent., be recovered from said Company, its successors and assigns,, in any court
<br />of competent jurisdiction.
<br />The said Railroad Company, itssuceessors and assigns, _shall
<br />be subject to all ordinances and regulations nowin force, or any that may here-
<br />after be passed by the Common Councul of said City in relation to the speed of -
<br />trains in or through the City and the security of c it isens and others from the
<br />operation of trains in or through said City, and to all reaenzable regulations
<br />and ordinances concerning the sunning efid operation- of railroads in said City.
<br />And particularly in relation to the placing of lamps at such street crossings and
<br />the placing of flagmen as may by the prApe r City authorities be required.
<br />The said Company, its successors and assigns, shall not
<br />obstruct the free passage of persons or vehicles so as to cause danager or incon-
<br />venience, and shall in all cases when a train is 90649 out or coming in, ring the
<br />bell s o as to �g ive not icy of its arrival or departure.
<br />The right and privilege herein granted to construct, main-
<br />tain, and -operate an industrial spur track shal include the right to construct,
<br />maintain, and operate a single or double track with such sidetracks, switches, turn
<br />outs and crossovers -as may be necessary, provided however, that the New Jersey,
<br />Indiana & Illinois Railroad Company, its successors and assigns, shall" not for arW
<br />purpose cross any street with more than two tracksiwithout, further consent of the
<br />City, but no crossover or turnout shall be construcjted or maintained in any existig
<br />or future street.
<br />The said company shall f ile :a bond in the office of the City
<br />Controller within sixty days after then passage df an Ordinance by the Common Counelt
<br />of the City of South Bend, ratifying and c onf irm this contract, which bond steal
<br />be approved by the Mayor of the City of. South Bend,! and shall be in the penal
<br />sum of one thousand ($19'000.00)Dollars, which bond shall be conditioned upon the
<br />completion of its tracks by said Company wihtin they City of South Bend, within one
<br />year from the passage of an ordinance ratifying this contract and upon the failure
<br />do to do, that the said bond shall be forfeited and all the rights and privileges
<br />by this contract granted to the said Company shall be forfieted -and shall revert to
<br />the City of South Bend, provided, however, that if the New Jersey, Indiana & Illindis
<br />
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