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Engineer filed assessment roll and final est imate for Pipe Sewer on South Bend
<br />Avenue from Eddy Street to City Limits. Under Improvement Resolution No. 107.
<br />RESOLVED, that notices as to the amounts of assessments be published for six
<br />consecutive days in the South Be -rid Daily Times, commencing on the 22nd. day of July
<br />1912,stating that this Board will give a hearing on the amount of such assessments at its
<br />office in the City Hall on the 9th... day of August,1912 at 7:45 P.M.
<br />RESOLVED, further that the entire work under the above contracts be accepted
<br />and approved and the final estimate thereon allowed. Notice of this resolution shall be
<br />published on the 22nd. day of July 1912 in the South Bend Daily Times, st atng that this
<br />Board will give a hearing on the acceptance of such work at its office in the City Hall
<br />ontthe 9th. day of August,1912. at 7:45 P.M.
<br />TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA:-
<br />I Q
<br />The undersigned, the Board of Public Works of the City of South Bend,
<br />Indian€, begs leave 'to submit herewithi to' your Honorable Body as contract and agreement
<br />entered into by said Board on behalf of the said City, and the Chicago, South Bend &
<br />Northern Indiana Railway Company.
<br />The undersigned also submits herewith an Ordinance approving and con-
<br />firming such contract and agreement for adoption by your Honorable Body.
<br />OTTO C. BASTI AN
<br />FRA14CIS E. - L AJ&ERT —
<br />CHAS. F. NIEDBALSKI
<br />Board of Public Works of the City of
<br />South Bend, Indiana.
<br />A G R E E M E N T
<br />Between
<br />CITY OF S OUT H BEND, I NDI ANA.
<br />and Q
<br />CHI C Aa0 , SOUTH'�'l N0 RTHERNI NDI ANA R AILWAY COMPANY
<br />WHEREAS., the City of South Bend, Indiana, desires the Chicago, South Bend
<br />& Northern Indiana Railway Company to construct, maintain and operate as a part of its
<br />system in said City , a line of railway t racks in, upon and along Madi son Street in sd d
<br />City, from Hill Street to the Eastern terminus of said Madison Street as now laid out,and,
<br />WHEREAS, said railway company is willing to' co _struct, maintain and op-
<br />erate said line upon the terms and conditions hereinafter set forth; Now,
<br />THEREFORE, this agreement made and entered into this second day of July
<br />1912, by and between the said City of South Bend, Indiana, by and through its Board of
<br />Public Works and the said Chicago, South Bend & Northern Indiana Railway Company, a
<br />corporation duly created, organized and existing under the laws of the State of Indiana,
<br />WITNESSETH:
<br />That consent, permission and authority is hereby given and granted by and
<br />the said city to, and vested in, said railway company, its successors and assigns,to
<br />construct ,Maintain and operate a line of single and double railway track, as a part of
<br />its said I system' in said City, on, along and over Madison Street in said City, from Hill
<br />Street in said city to the eastern terminus of said, Madison Street as now laid out,
<br />connection at said Hill Street by proper curves and switches with the lines of the said
<br />company's street railway located on said Hill Street; together with all other necessary
<br />and convenient curves ,turn -out s, side-tracks. switches,poles and wires, appurtenances and
<br />equipment, as the same may be or become necessary and convenient from time to time
<br />for the operation of said line of lines of street railway on said Madison Street.
<br />The izoregoing power, privilege and authority is given and granted to said
<br />company with the rights and subject to all the conditions, restrictions and regulations
<br />(except as herein otherwise provided) contained and expressed in Ordinance No.696,adopted
<br />bythe Common Council of the city of South Rend, Indiana, Ja:ivary 19, 19952 avid franchise
<br />ordinances amendatory thereof, and sup
<br />plemental thereto, and the same are hereby made
<br />a part of this contract.
<br />It is also agreed between the parties hereto -that':1i-n<:;the event that persons
<br />not parties hereto but owning property beneficially affected by the construction and
<br />operation of said line on said Madison Street, shall, within ten days from the con
<br />fi rmat i on and approval of this agreement by the Common. Council and Mayor of said City,
<br />purchase from said railway company its bonds in the aggregate amount. of Ten Thousand
<br />( $10, 000. 00) Dollars at the price of ei ghtt y-seven and one-half (57-1/2) , thereupon, sd d
<br />railway company shall, upon the conditions hereinafter immediately stated, within ninety
<br />
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