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481
<br />Board met in special session at 10: 00 A.M. All members present.
<br />City Attorney T.. W. Slick_ present..
<br />The matter of an ordinance repeal ih8 Ord inned :•no. .
<br />1886 passed by the Common C oyndil May 28th. ,1917 entitled au Ordinance transferring
<br />part -of Ewing Avenue over the -Park Beadd, was discussed and new ordiance drawn to
<br />repeal above ordinance and submitted to the, Common Council. Also communication,
<br />A GREE1IF'NT BE 1 E. N CITY OF SOUTH FEND INDIANA "D C ICI CAls0 ,
<br />SOUTH BEND & NORTHERN INDIALTA RAILWAY COMPATTY.
<br />'This` iiade' `s-iid' executed in dUDliCatz an this 10th. day
<br />of March 1y19, ,by P.nd` bet` een: `�th:e' 'C-iVy° ° f° SbWth Be`Y�d ,. Indiana by and through its Board of
<br />Public Tor s, du y apthoedzed. -in the premises,,
<br />and the CRICAG6, SOUTH BEND & NORTRERN
<br />INDIANA RAILWAY: COMPANY,, 8, porpflration_ authorized under the laws of the State of Indiana,
<br />Whereas.. unua,r. the prov is ions of ;the contract ordinance numbered 1370 of the
<br />the City of South Bend and ordinances amenda4ery thereof and suppl,°mental thereto, said
<br />railway Company and its predecessor, °in,° title was authorized' and empowered to "a4traQt
<br />and extend its tracks. witli all. nrcessar . curves � sidetracks, turnouts Y's, itches and
<br />quipment from the intersection of Sa,mpic Street and Chpa,in Street, ttance munnina!vest
<br />on Union Street to Dun.harr Street' 'in� aalti" City, and use and operate same for s-,reet railway
<br />purposes; And, Whereas , under the terms of said contract ordinance and ordinan ces
<br />a 'datory thereof !arid supplemental thereto, a line of stre:©t ra '1�ray was constructed along;
<br />and upon said designated route, and is now maintained and Operated by said Railway Company,
<br />And, Whereas, said Union Street is now called and here inaifter referred to as Walnut Street
<br />And, Whereas, the said C`i° ' of S°outli Beni through its Board of Public Works desires and
<br />intends to pave San-olo Street. from Walnut. Street, to Olive Street :and desires ,said Rally A. ay.
<br />Comnh-ay to rerove th portion of i s said line now loca to On wad ut treat between saic�-
<br />Sample Street and rolacate- and. re -lay same upon said Sample Stree� be ween Walnut Streae%
<br />and Kesc iuszko Street:
<br />° NoV ,.Thaerefore IT IS AGREED:
<br />Sect iron° Onet hat� said Company is hereby requested authorized and
<br />empowered to take urn Atas° °��racks- and equipment now located in said Walnut Street between
<br />Sample Street and Dunham; treetq .apd, abpmcion service on said Walnut Street between said
<br />designated ;paints, and is Fherehy autherized and Em owered to rep -locate said trucks and
<br />uip,nent on said Sa le. S#,reet• betw.een< said WalAu� Street and Kesciva�ko Street, and open
<br />a e same as an aextensslon 9nd part of its Sample Street line and railway system.
<br />°Seet`ioh'TWs`:° The' permissio: end authority hereby given and
<br />granted to lecat*, construct- a,nd° operate a line . of street railway oh, said Sam -Ole Street
<br />tetwaen said TVa,lnut Street and Hosciustiko Street is granted under and subject -to all of the
<br />c orid it ioAs , restrictions, -limitations and regulations and with all tlaa rights contained
<br />and expressed is Ordinance No. 696 adovtsd by the Common Council of said City of South
<br />Bend,., Indianal., Januar 19J,885• and, all- franchise ordinances amendatory thereof' ,-and supple-
<br />mental thereto, and t�a same. °is, )Ip eb,y. IAsie, p6. part of this contract. This a,greemaant shhall
<br />be binding upon and inure to the benefit of the parties hereto, 'their successors and
<br />a:s s igns . . ° e
<br />° IN* WITNESS' WHEREOF` the parties have caused these praesaemises to be
<br />executed by the Board• of. Publ,ic� Woarks of the City of South Bend, Indiana,, on behalf of
<br />the City of South Isend JAO i.s,na° . ° the Chicago South Bend ex Northern Indiana Rai. way
<br />CompanybyCharles M. Aiurdock, itan s �ieae-President, and Samuel T. MurdockVi its Secretary.
<br />CITY OF ,SOUTH BL'ND, INDIANA.
<br />CHICAGO, SOUTH BEND & NO RTHE2RY INDIANA BY G. A. ELLIOTT
<br />RAILWAY COMPANY �b ,SRO ~ �S N
<br />BY CHARLES b. :4TRDOCK- ° �°
<br />Vice President. Board o Pub c ex'kss.
<br />OREN A. SiiALL
<br />Asst. Secretary.,
<br />TO THE C (MMON COUNCIL OR THE CITY OF SOUTH BEND, INDIANA.
<br />The undersign d, the Board of Public Works Of the City of South
<br />Send, Indiana, begs leave to submit herewith to your Honorable Bety a contract and agree-
<br />ment entered into by said Board on behalf of the said City, and the Chicaigo, South Band.
<br />& Northern Indiana Railway Company.
<br />The undersigned also submits herewith an ordiance approving and
<br />confirming such contract and agreement for adoption by your Honorable Body.
<br />BOARD OF PUBLIC WORKS OF -THE G. A. ELLIOSSTTT.g
<br />CITY OF. SOUTH BEND, INDIANA. hi&. FRO AVEN
<br />President.
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