08/14/1917 Board of Public Works Minutes

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Tuesday August 14th. ,1917. Continued. And Whereas, on July 24th.,1917. and before said resolution was finally adopted the Chicago, S€atth Bend & Northern Indiana Railway Company by Harry R. Wair its General Counsel, filed in th(5 office of said Board its election pursuant to the provisions of an Act of the General Assembly of India -no, for the year 1917 ( Chapter 132 of the acts of 1917) hereby it elected to have that, portion of said street about to be improved, which portion is occupied by the tracks of said Company and which portion said Company is bound by contract with the said City to improve, improved and paved with Metropolitatr. air some equally good paving brick, and that the paving of said portion shall beiincluded in the general contract let by said Board; And Whereas, certain prospective bidders and certain property owners desire to know just whit portion of said streets: said Railway Company agrees to have improved and pay for, and in order to avd.id further doubt, delay and poss ib iltty of litigation on said subject, and in order to make more certain and definite the intent and ourspoe of the election heretofore filed by said company, it is hereby agreed and declared by the said Company that the portion of said street which it desires to have paved with Metropolitan or some equally goad paving brick and which it agrees to pay for is the part three and one-half feet each way commencing at the center of the space between the rails and also all spaces between its double tracks, where it has the same, extending from Jefferson Boulevard to Nineteenth Street in said City. And said Company furtherrtlore declares that it is dts desire and puroase to cause the cost of paving and improving said portion to be paid in deferred payments in the manner and form as provided in Section 8940 of Burns' Revised Statutes of 1914. And said election heretofore filed on said July 24th.,1917, is hereby in all things ratified, confirmed xxotx This agreement and ratification is made upon the express condition that said portion of said street occupied by said company's tracks :as above defined shall be paved vi.th the brick as herein described and in conformity to said election so filed on July 24th.,1917. In Witness Whereof, the said Company has caused this agreement to be executed by it general counsel, duly authorized, thereunto, and had attached its corporate seal this loth. day of August 1917. CHICAGO, SOUTH BEND & NORTHERN INDIANA RY. CO. BY HARRY R. WAIR ( S E AL) ITS GENERALCOUNSEL The above agrsemlent was approved by the Board. 11-imutes of August 7th. ,1918 read and approved- by theBoard. President.