06/02/1920 Board of Public Works Special Meeting Minutes

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- 35 Railroad Company is prevented from completing its tracks by litigigation or causes beyor4 its control, an extension of time equal to the length of necessary delay so occasioned shall be allowed said Railroad Company. To each of the terms, conditions, provisions, stipulations, and requirements of this contract the City of South Bend, by and through its Board of Public Works,, party of the first part herein, and the sdAd,New Jersey, Indiana & Illinois Railr company, party of the second part herein,, do fully agree to and do bind- themselves their succesors and assigns. The City shill have the riglit at all times to extend streets and alleys over and across said right of way, as above describedm and the yards of said New Jersey, Indiana & Illinois Railroad Company,, its successors and assigns,, all -without liability for damages, which damages, if any, are hereby waived by said Company as a part consideration for the grantng of this per mission. . 3. The permission hereby given shall be subject to the approval and confirmation of the Common Council of the City of South Bend, AND BE IT FURTHERIRESOLVED,, by said Board of Public Works,, that Saturday, the 19th. day of June 1920 at nine otelock A.M..at the office of said Board of Public Works in the City of South Bend, Indiana, be f ixed, as the time and place when and where this resolution shall be finally considered and a public hearing thereon shall be had, and at which time pretests s against any or all of the provisions of said resolution s-hall:be heard and considered, and that notice of the time abd place of vueh hearing shall. to given as required by law. In T6stimony whereof, we have hereunto set our hands and seals this 2nd. day of June A.D. 1920, in duplicate. THE CITY OF SOUTH BEND,* BY G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. 15EHAVEN Board of Public Works. NEW JERSEY9.INDIANA & ILLINOIS RAILROAD COMPANY. BY To A. HYNES-9 Accredited Agent. President.