07/02/1912 Board of Public Works Minutes

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Tuesday_ July -2,--1912. - -- - --- - - - - -_ Board met in regular session at 10:00 A. M. All members present. COMMON COUNCIL OF THE "CITY OF SOUTH BEND, INDIANA:- The undersigned, the Board of Public. Works of the City of South .Bend,. Indiana, begs leave to submit herewith to your Honorable Body a contract and agree - merit entered into ,by said Board on behalf of -the said City, and the Chicago, South Bend & Northern Indiana Railway Co. b The undersigned also submits herewith an Ordinance approving and con- firming such contract and agreement for adoption by your Honorable Body., OTTO C. BASTIAN FRAN CI S E. LAMBERT CHAS. F. NI EDB AL S_KI Board of Public Works of h City of South Bend, Ind. A G R E E M E N T between CITY 'OF ;SOUTH 'BENDS INDIANA. and ^ CHICAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY. WHEREAS, the City of South Bend,. Indiana, desires the Chicago, South Bend & Northern Indian, Railway Company to construct, maintain and operate as apart of its system in said City, a line of'railwav tracks u on and along Madision Street in said City from Hill Street to y ;a WHEREAS, said railway company is willing to construct mai nt ai n and operate said line upon the terms and conditions. hereinafter set forth Now, THEREFORE, this agreement made and entered into this second day of July 19122 by and -between t-he said City of South Bend, Indiana, by and through its Board of Public works and the said Chicago, South Bend & Northern Indiana` Railway Company, a corporation duly created, organized and existing under the laws of the State of Indiana, WITNESSETH: That consent, permission and authority is hereby given and granted by the said city to, and vested in, said railway company, its successors and assigns, to construct, maintain and operate a line of siggle and double railway track, as a part of its said system in said City, on, along and over Madison Street in sad;d city, from Hill St re et in said City to the eastern terminus of said M adi on Street, con- necting at said Hill Street by proper curves and switches with. the lines of the said company' s_ street railway located on said Hill Street; to ether with all other nec- essary and convenient curves, turn -outs, side --tracks, sw t ches, poles wid wires, appurtenances and equipment, as the same may be or become necessary and convenient from time to time for the operation of said line or lines of street railway on said Madison Street. The foregoing power, privilege and authority is given and granted to said company with the ri ght s and subject to all the conditions, re st ri ct i ons and regulations (except as herein otherwise provided) contained and expressed in Ordinance No. 696, adopted by the Common Council o f the City o f South Bend, Indiauta, January 19, 1895, and franchise ordinances amendatory thereof, and supplemental thereto, and the same are hereby made a part of this contract. It is also agreed between the parties hereto that in the event that per- sons not parties hereto but owning property beneficially affected by the constructin and operation of said line on said Madison Street, shall ,within ten days from the confirmation and approval of this agreement by the Common Council and Mayor of said City, purchase from said railway company its bands in the aggregate amount of ten Thousand ($109000.00)Dollars at the price of eighty seven and one-half ( (97-1/2)2 thereupon, said railway company shall, upon the conditions hereinafter immediately stated, within ninety days (90) from the date of such confirmation and approval, construct said line on said Madison Street between said Hill Street and ,/Walsh Street in said City, and thereafter, continually operate said line, between said streets) as a part of its said system in said city, in accordance. wia'h and under the terms of this agreement and maintain thereon a fifteen -minute servi.ce: