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<br />TO THE HONORABLE MAYOR, BOARD OF PUBLIC WORKS END CONTROLLER
<br />OF THE C ITY OF SOUTH BEM, IND IANA.
<br />GENTLEMEN:..
<br />The undersigned, Chicago, South Bend & Northenn Indiana Railway Company
<br />desires to take advantage of the provisions of an Act entitled " An Act Concerning -
<br />Municipal Corporations," approved March 05,1905, and- particularly. Section 255, and
<br />all amendatory and supplemental acts thereto prov id ing for the manner of paytnent For the
<br />paving of street s and alleys in c it ies and towns, for the issuing and sale of bonds
<br />therefor and for the. collection of same, and for such purspose hereby expressly waives
<br />all objections on ac c aunt of illegality or irregularity of the proceedings had for the
<br />improvement by paving of Mishawaka Avenue and Eddy Street from Jefferson Boulevard to
<br />N inetenth Street in the City of South Bend, Indiana, as designated in Improvement
<br />Resolution No. 544 adopted by said City, and request .-:that said city bake such action and
<br />do such things as may be necessary to entitle the undersigned to take advantage of the
<br />prov is ions of this act , and to include in the amount of the bonds to be issued or sold
<br />the entire cost of that part of the paving improvement properly chargeable and assessable
<br />against said Company. °
<br />CHICAGO, SOUTH BEND &.NORTHERN INDIANA RAILWAY COMPANY,
<br />BY S. T. MURDOCK,
<br />Secretary.
<br />Dated this l9th.0 day of August 1918.
<br />WHEREAS, the City of South Bend, Indiana, by and through its Board of
<br />Public Works, heretofore by Improvement Resolution No. 544 caused Mishawaka Avenue -and
<br />Eddy Street from Jefferson Boulevard to Nineteenth Street now in the City of South
<br />Bend, to be improved by paving the same; and
<br />WHEREAS, the Chicago , South Bead & Northern Indiana Railway Company occupies
<br />a portion of said street for the operation ofs, its electric railway, and by the terms and
<br />c osd it ions of its franchise is required to pave a portion of said street; and
<br />WHEREAS, the portion of said street required to be paved by said railway
<br />Company was paved by the White, Construction Company, a corporation of the City of
<br />Milwaukee, Milwaukee County, State of Wisconsin., as contractor for such work, end
<br />same was completed by its as such contractcr and accepted by the City of South Bend on the
<br />23rd.day of July 1918; and
<br />WHEREAS, on the 19th., dad ofeAugust,.1918, said Railway Company executed and
<br />filed with the said*City of South Bend, its stipulation and agreement wa iv ing objections
<br />on account of any illegality or irregularity in the proceedings had for such improvement
<br />of said street and requested the City to issue bonds to procure funds with which to pay
<br />that pottien of the cost of. sadd..imaprovement. chargeable against said. railway Company in the
<br />manner provided by an act entitled, " An Act Concerning Municipal Corporations,," approved
<br />March 6,1905, and all amendatory and supplemental acts thereto; and
<br />WHEREAS, it appears that the amount chargeable to and payable by said
<br />Railway Company by reason of said improvement amounts to the total sum of Eight -one
<br />Thousand five hundred fifty seven and 88 /100 ($81,557.88) Dollars with interest from
<br />the 23rd. day of July 1918, to the first day of December 1918.
<br />NOW THEREFORE, BE IT RESOLVED that ten bonds be issued in accordance with
<br />the powers vested . in said City by virtue of the provisions of said sect, the first of
<br />whit h bonds shall be in the total sum of Eight Thousand one hundred fifty six and 58/100 ,
<br />($8156.58) Dollars, due Novnamber first .1918, with interest evidenced by coupons attached
<br />to said bonds on the -total cost of *aid improvement to -wit:- Eight One Thousand Five
<br />Hundred fifty seven and 88/100 (*81,557.88)'Dollars, from the 23rd. day of July 1918
<br />to the first day of December 1918, said interest being irithe sum of One Thousand Seven
<br />Hundred thirty nine and 91/100 (01739.91) Dollars. And the balance of which said bonds
<br />shall be due and payable respectively one (1)., two(2), three (3), four (4), five (5),
<br />six (6) seven (7), eight (8), and nine (9) years after the said first, day of November,
<br />1918, and each of said bonds (except said first bond) shall be in the sum of eight Thousand
<br />One Hundred fifty five and 70/100 ($8155,70) Dollars, and all of said bonds shall be
<br />numbered consecutively from one to ten inclusive: and all of said bonds (except the first
<br />thereof) shall have coupons attached evidenc4Ag the interest payable on said bonds, which
<br />interest shall be at the rate of six (6%) per cent, per annum, from the first day of
<br />December,19180 payable semi annually on presentation and surrender of the coupons as they
<br />severally mature, and the coupons of each bend shall be in the amount of the interest due
<br />semi annually on the unpaid balance of the total principal sum of all of said bonds.
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