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491
<br />Provided , however, it is expressly agreed between the parties hereto
<br />that in the event said line or lines of railway shall be constructed on said Madison
<br />Street as herein provided, said City, as part consideration for the construction of
<br />same, hereby agrees that it Rz i l not now or at any time hereafter directly or iPdi re ct ly
<br />impose upon or assess against. said railway, any cost, expense or liability for the
<br />first improvement of, and first pavement laid upon, said Madison Street from said Hill
<br />Street 'to said eastern terminus of Madison Street , or any part thereof, as now laid.
<br />out, and idll hold said Company free and clear from any such cost, expense or liability.
<br />This contract shall be in full force and effect from and after its approval
<br />and confirmation by an-ordianee passed by the Common council, and approval by the
<br />Mayor of said City, and shall be binding upon and inure to the benefits of the parties
<br />hereto, their successors and assigns.
<br />IN WITNESS WHEREOF the said city has caused its name to be signed by the
<br />members of the Board of Public works of said city, and the railway company has caused
<br />its name to be hereunto set and its corporate seal affixed by Charles.M. Murdock, its
<br />Vice President, duly authorized .thereto, the day and year first above written.
<br />CITY OF SOUTH BEND, INDI ANA.
<br />BY OTTO C. BASTIAN
<br />F. E. LAMBERT
<br />CHAS. F. NIEDBALSKI
<br />BOARD OF PUBLIC WORKS.
<br />CHI CAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY,
<br />By CHARLES M. XURDOCK
<br />VICE PRESIDENT.
<br />ORDIXXNCE NU
<br />An ordinance ratifting, confirming and approving a certain contract aril
<br />agreement made and entered into by and between the City of South Bend, Indiana, by and
<br />through its Board of Public Works and the Chicago, South Bend & Northern Indiana Railway
<br />Company, its successors and assigns, which said contract relates to the construction of
<br />a railway line on Madison Street, easterly from Hill Street in said City.
<br />WHEREAS, the foregoing contract and agreement has been submitted by said
<br />Board of Public Works of the City of South Bend, Indiana, to the Common Council of said
<br />City for its consideration and action thereon; THEREFORE,
<br />Section One : Be it ordained by the Common Council of the 'City of*
<br />South Bend, Indiana., that the foregoing contract and agreement, made and entered into
<br />on the 2nd. day of July 19122 by the City of South Bend, Indiana; by and through its
<br />Board of Public Works, and the Chicago, South Bend & Northern Indiana Railway Company,
<br />be, and the same is, hereby in ail things ratified, confirmed and approved, and the
<br />said Chicago, South, Bend & Northern Indiana Railway Company, its successors and assigns
<br />are hereby granted the rights, privileges and authority as in said contract set forth,
<br />and in accordance with the terms, provisions and conditions thereof.
<br />Section Two: This ordinance shall take effect and be in force from and
<br />after its adoption by the Common Council,, and approval by the Mayor of said City.
<br />✓Contractors bond signed by M. Feser and approved by the Board.
<br />,Excavation Bond signed by Joseph Colbert and approved by the Board.
<br />,-,Contract for t .e water connections on. Walnut Street, signed by Wm. H. Burke and bond
<br />for same approved by the Board to the amount of Two Hundred and fvb y five ($245.00)
<br />Dollars.
<br />✓Bond and contract for water connections -on Carroll Court, signed by Wm.�pH.-�vBtirke and
<br />approved by the Board.
<br />'/ Bond add contract for water connections on South Fain Street, signed by Thomas Williams
<br />and approved by the Board
<br />Bond and contract for water connections on Hydraulic Avenue si ed b Thom
<br />gn y T o as Williams I
<br />and approved by the Board.
<br />Petition received and read a nd referred to the Engineer for grade, curb and walk on.
<br />E. *Di viiTsbnn Street from Francis to Eddy Street.
<br />J Petition received asking for grade, curb and walk on Prairie Avenue, from Webster to
<br />State Street. The same was referred to Engineer for investigation.
<br />P re si dent .
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