04/17/1917 Board of Public Works Minutes

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CONTRACT AUTHORIZING THE RIGHT TO CONSTRUCT AND AAA INTA IN TRACKS ACROSS B IRDSELL STRE!T AND.ACROSS A CERTAIN ALLEY IN THE.CITY-OF SOUTH BEND BY THE CHICACO,LAKE SHORE AND SOUTH BEND RY. o CO. _ ✓ WHEREAS, the City of South Bend by a contract approved by Ordinance No. :12.14 adopted by the Common Council of the City of Satth Bend, Indiana, on September.- 17,1903, granted to the predessore of the Chicago, Lake Shore & South Bend Railway Company the right to construct -and maintain a freight depot in Birdsell Street or .upon any street or avenue west of Birdsall Street, andsaid company desires to build and maintain such freight depot upon Bird9*11 Street and in order that it may have access to and from such depot with its cars it desires right and privilege fromsaid City of crossing .with its switch tracks said Birdsall Street and the alley immediatei east of Birdsell Street`, THEREFORE WINTESSETH: THIS CONTRACT, made and executed in duplicate on the 17th. day of April 1917: by and between the City,of South Bend, Indiana, by and through its duly canstituted.Beard of Public Works, duly authorized In the premises, and the Chicago, Lake Shore and South Bend Railway Company, a corporcation organized under laws of the State of Indiana. SECTION (1) The Chicago, Lake Shore & South Bend Railway Company, its successors and assigns, is hereby authorized to construct and maintain two tracks for the pur- pose of connecting with tracks on property to be acquired by it facing and abutting on Birdsall Street, to be used and maintained ,as a permanent freight terminal and is also authorized, and the right is herein granted, to construct and maintain two tracks across the alley running north and south between Birdsell and Studebaker Streets in the :corking out of its plans for the constructions of such terminal. SECTION (2) The said tracks shall connect with its main track now being maintained ©n Orange Street, *and -across ptl:,Ve e 'fight of way, and also switch stands shall be kept out of the limits of 's's id BiYeTatelT Street and Orange Street in making such connections and shall be located upon its private property owned by it in fee. SECTION (3) Said Chicago, Lake Shore & South BendP Railway Company shall erect its freight depot by facing it on Birdsall Street. SECTION (4) The construction and maintenance of the tracks within the limits of Birdsall and Orange S-tre-ets- and° said alley shall be giverned by Sections Six (6) and Seven (7) of said Ordinances No. 1214, and before the construction of any tracks across Birdsall Street or said alley, a drawing showing the tracks arrange- ments thereupon shall be furnished the Board of Public Works of said City and said' Board shall approve only such necessary work to accomplish the purposes herein intended,~ and said work shall thereupon be constructed as approved by said Board of Public Works and in the, manner as by them indicated, and to their satisfaction and not d.therwise. S act ion (5 ) Commmon This contract shall not be binding until approved by Ordinance of the Common Council. CITY OF SOUTH BEND B4f A. H. RICE THE CHICAGO, Lake Shore & South Bend Ry. Co. V. P. Board of Public Work Jeff B . WEBER BY F. J. LFWIS MEYER Its Board of Public Works. ATTORNEY IN FACT AND GENERAL COUNSEL.