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<br />moxUlay AU 811 en ;W.
<br />The Board met in special ..session at 10:00 A.M. A11 members present.
<br />The Board entered into C:ontraat ,with The Chicago, South Bend .& Northern Indianan Ry.,
<br />Company for the, double tracking of Vistula. Avenue froma Sample. Street to Ernsperger
<br />St reet
<br />c,'T0 THE COMMON COUNCIL of the CTY OF SOUTH BEND, INDIANA:
<br />The undersigned, the Board of Public Works of the City of South Bendy Indiana
<br />begs leave to. submit herewith to your Honorable Body a, contract and agreement entered
<br />into by said Board on hehalf of the said City; and the Chicago, South Bend &Northern.
<br />Indiana Railway Company.
<br />The undersi. ned also submits herewith an Ordinance approving and confirming
<br />such contract. and agreement for adoption by.your Honorable Body.
<br />OTTO C. BASTIAN
<br />BOARD OF PUBLIC WORKS OF THE F E. LAMBERT
<br />CITY OF SOUTH BEND, INDIANA.
<br />DHAS, F. NIEDBALSKh
<br />' NT. BETWEEN CITY OF. SOUTH BEND, INDI ANA .� and CHI CAGO, SOUTH
<br />BEND, INDI ANA -. RAILWAY COMPANY.
<br />EXHIBIT ( A)
<br />TICS AGREEMENT, Made and entered into this 26th. day of August, 1912, by and be-
<br />tween .the City of South Bend, Indiana, by and through its Board of Public Wokks, and the..
<br />Chicago, South Bend & Northern Indiana Railway Company, a corporation duly created, or-
<br />ganized and existing under the laws of the State of Indiana, WITNESSETH
<br />WHEREAS, The Chicago, South Bend & Northern Indiana Railway Company now operates,-.-,...
<br />as a part of its street and interurban railway system in the said City of South Bend, .a
<br />single track. line along and upon the northerly . and easterly side Of Vistula Avenue betwen
<br />Sample Street -and Ernsperger Street in said City; And,
<br />WHEREAS, The ordinary 'risk of accidents and catas`trophies incident to the oper-
<br />ation of street and'.interurban, railway lines is greatly enhanced upon said siingle track
<br />line of railway by reason of the proximity of said line to the banks of the St. Joseph
<br />River and also because of the . curves in said lines flanked with trees and othe r ob je.ct.s
<br />which render it impossible for the approach of cars to be apprehended at a proper- and
<br />safe distance by those in control of cars operated on said line while exercising the
<br />highest degree of care: And,
<br />WHEREAS, Said City of South Bend and said railway Company are of opinion that
<br />the operation of said line is a constant and unnecessary menace to life on account. of
<br />the location and enviroment thereof and that the safety of the traveling public would be
<br />.promoted and the interests of the -parties hereto would be mutually subserved by the re-
<br />moval of said single track lin a from its said present loeatjon and the reconstruction
<br />thereof as a bouble track line along and upon said avenue between said street at- the
<br />location and in the mariner and on the terms and conditions hereinafter ,set forth: NOW
<br />THEREFORE P
<br />SECTION ONE: The said railway company is -hereby requested, directed and
<br />authorized to remove its single. street and interurban. railway track and line from the
<br />northerly -and easterly side of Vistula Avenue between the north line of Sample Street
<br />and the City limits at Ernsperger. Street in the said City of South Bend, and in place
<br />thereof said railway company, its successors and assigns are hereby directed , authorized
<br />and empowered to eonst ruct , maintain and operate a double track street and i nt-erurbah
<br />railway line upon and along said avenue between the said north line of said Sample St.,
<br />and the said City limits at said Ernsperger Street, together with all necessary and
<br />convenient curves, connections, turnouts, cress -over, poles, wires and appurtenances, in-
<br />cluding a left hand branch -off, a right hand branch -off and cross-overs with nee-
<br />essary connections do front of and to and upon the premises popularly known as Spring
<br />b rook P ark , as the may. be o r become ne ee s sary and conveni ent from t ime to' t ime for the
<br />operation of said double track along said avenue as a part of said system and as a
<br />means of access to and service for Springbrook Park in said City, provided however,
<br />that no right is hereby given to construct more than two tracks upon said street, except
<br />as to saidCobranch offs.
<br />Provided, however, the consent, permission and authority hereby given to said
<br />railway company, its successors and assigns _te construct, maintain and operate said da
<br />double tracks is given and granted on the following terms and conditions, namely:-
<br />
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