09/16/1918 Board of Public Works Special Meeting Minutes

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.31 1 Beard met in -'special Session at 7: 15 P.M. All Members present; Ur. David Erter, representing the Buffalo-Spr ingtfiid Rend Roller Co. appeared before the -Board and it was agreed that a ten ton Kelley- Springttfeld Roller was to be shipped to South Bend and the present Buffalo Pitts Roller ::returned. to the , above company, the freight both .wayg to be paid by the City of South Bend, It was also agreed by Mr. Erter that the City of South Bend could have they use of the present Buffalo -Pitts Roller -until the arrival of the Kelley-Springifled Roller in this City, and agreed that after the Company was not if ied of 7„ he arrival of the Kelley S pr ingf ie id Roller he would send .a man to demonstrate the -Kelley- Spring if lED Roller for the Street DepArtment, The following agreement approved by the Board. THIS AGREWNT, made this 16th. , day of • September 1918,_ by` and between the C ity of -South Bend, Indiana , by and trtr ough its Board of Pub 1 is Works, and the Chicago, Seut?! Bend & Northern Indiana Railway Company. 'WHEREAS, sa id C ity of South Be Ad des res to improve Portage _Avenue by paving same from Keller Street to Wilson. Street: And, WHEREAS, The said City desires said Railway Company to extend its track from its present terminus ba Portage Avenue to Wilson Street and pave the space betwee its track so extended and at each s ide thereof as required by its franchise: And, WHEREAS, On account of c and it ions ar is ing out of the war it is imprac- ticable for said Railway Company to so extend its tracks or pave said pace: ands WHEREAS, Said City has - determ ine'd to improve said Avenu" by paving same between Keller Street and Wilson Street except that portion of said Avenue which said Railway Company would be required under its franchise to pave were its 'track extended from its present terminus -to Wilson Street. NW, THEREFORE, It is agreed between the parties. hereto that said railway Company, will, within two years a,ft-r the termination of the present war by official declaration of peace by the United States Government, commence the construction of the extension of its tracks._ and its said portion of the paving on said Portage Avenue from the present terminus thereof to Wilson Avenue; Prov ided, however, this .agreement is made updn the c'ond it ion that the RaalWay Co�pany' shall at the time contemplated for the construction 'of said extens-.oa and its portion.. of said pavement be able to purchase mfter therefor at reasonable prices. It is also agreed between the parties, in this event that said extension is made and that portion of said avenue then occupied by tha track so extended is paved, said City shall, if the Railway Company so requests, permit said Railway Company to take advantage of the ten year or installment plan if payment for' the paves done by ,said. Railway Com-,-Any as a part of said improvement. IN WITNESS WHEREOF, the part ieg havo ' hereunto_ set their hand and seal this 16th., day of September -1918. CITY OF SOUTH BEND, INDIANA CHICAGO, SOUTH BENS & NORTHERN BY G. A.. ELLIOTT INDIANA RAILWAY COUPANY, H. F. ROSTISER . BY R. R. SMITH JOHN F. DEHAVEN General Maier. Board •f Pub l is Works.