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ont inu <br />WHEREAS', the City of South Bend, India,ra,, <br />Public Works , heretofore by improvement resolution No'. <br />from Franklin Street to Miami Street now in the City o <br />by pav ing the same; and <br />by and through its Poard of <br />491 caused Broadway Street, <br />f South Bend, to be improved <br />WHEREAS, the Chicago, Suth Bend & Northern Indiana Railway Company <br />occupies ;a portion of said street for the operation of its electric railway, and by <br />the terms and conditions of its franchise is required to pave a portion of said <br />street, and <br />WHEREAS, the portion of said street required to be paved by said Railway <br />Company was paved by the Western Construction Com-oany, a corporation of the City of <br />Lafayette, County 6f ,,ippecanoe and State of Indiana, as contractog for such work, <br />and same was completed by it as such contractor and accepted by the City of South <br />Bend on the llth* day of September,1917; and <br />WHEREAS, the said R�iiway Company on the 3rd. day of October 1917, <br />executed and filed with the said City of South Bend its stipulation and agreement <br />waiving objections on account of any illegality or irregularlity in the proceedings <br />had for such improvement of said street and requested the City to issue bondstte <br />procure ,funds with which to pay that portion of the cost of said. improvements, <br />chargeable against said Railway Company in the manner provided by an act entitled <br />" An Act Concerning Municipal Corporations, " approved March 6,1905, and all manedaty <br />and supplmenetal acts thereto: and <br />WHEREAS, it appears that the amount chargeable to and payable by said <br />Railway Company by reason of said improvements amounts to -the totle sum of Twenty <br />-seven hundred four and 4*00 ($2704.48) Dollars with interest from the eleventh <br />day of September,1917, to the first day of June ,1918: <br />NOW, THEREFORE„ BE IT RESOLVED that ten bonds be issued in accordance <br />with the powers vested in said City by virtue of the provisions of said act, the firb <br />of which bonds shall be in the sum of Two hundred and seventy and 88/100($270.88) <br />Dollars, due May first, 1918, with interest evidenced by coupon attached to said <br />bn3dd48* the total cost of said improvement, to -wit:- Twenty seven hundred four <br />four and 48/100 ($2704.48) Dollars,•from the eleventh day of September ,1917 , to <br />the first day of June,1918, said interest being in the sum of One hundred sixteen <br />and 74 /100 ($116.74) Dollars. And the balance of which said bonds shall be due <br />and payable respectively one(1) , two (2), Three (3), four (4), five (5), six (6), <br />seven (7), eight -(8), and nine' (9) years after the said first day of May, 1918, and <br />each .of said bonds ( except said first bond) s rall be in the sum of +Wo hun.d3edd <br />seventy and 40 /100($270.44) Dollars, and all of said bonds shall be numbered <br />consecutively from one to ten inclusive; and all of said bonds (except the first <br />thereof shall have coupons attached evidencing the interest payable on said bonds, <br />which interest shall be at the rate of Six per (6%) per cent per annum from the first <br />day of June,1918, payable semi annually on presentation and surrender of the <br />coupons as they severally mature , and the coupons of each bond shall be in the <br />amount of the interest due semi-annually on the unpaid balance of the total <br />pr inc iapl sum of all of said .bonds. <br />Said borids shall be pe.yable in lawful money of the United States <br />without relief from valuation and appraisement laws and attorneys' fees. Said bonds <br />shall have the same priority over 66her liens as have assessments for other street <br />improvements and shall be a first lien on all the property, assets and franchises <br />bf said Railway Company in the manner and to the extent provided by law. <br />October 1917. <br />Adopted by the City of South Bend, Indiana, this loth. day of <br />E . M. UO RR IS <br />JOHN B. WEBER <br />Board of Public Works. <br />z <br />President. <br />