08/26/1912 Board of Public Works Special Meeting Minutes

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545 a (A) Said railway company shall, as soon as practicable after the ap- proval of this contract .by the Common Council of said: City and the mayor the constru construct said. double .track mpon and along said avenue' -between the points above described in such position and location at all points upon said avenue as to make the center line o the roadway between the curb lines- as hereinafter located the center line between the said tracks, and so as to make the distance between the centers of the tracks of said double track not to exceed ten feet,' six inches (10t 6") and said tracks shall -thereafter ' be maintained in such position and location. (.b) For the purpose of the construction of such double track said rail- way company is hereby authorized to remove so much of the brick pavement now laid on said avenue as may be reasonably necessary to effect the construction of said tracks, and tp- on the completion of the construction of said tracks said railway company shall, at its own expense, relay all of'said pavement so removed. (c) The present width of the roadway' of said avenue from said Sample Street to said Ernsperger Street shall be widened by said city concurrently with the eon- struction of said double track to the uniform width of Party eight (48) deet between curb ,lines, and the curb line now established on the westerly and southerly side of said avenue between said st reet s shall be the curb line on the westerly and southerly side of sid avenue between said streets wrien said roadway shall have been widened as above provid, and said railway company shall concurrently with the const rust i on of said double track extend , at its own expense, the pavement how laid on the easterly and northerly side of" said avenue between said streets from the present limits thereof upon said roadway to tie northerly and easterly verb line of said avenue as re-established so as to give a paved roadway of uniform width of forty-eight (49) feet between the curb lines along the full length of said avenue between said streets, and said railway company shall also, at the time of the extension.of said pavement, construct at its own expense a cement curb a- long the northerly and easterly curb line as re-established; the pavement so to be laid and relaid and the curb so to' be constructed by said railway company to be of the same general chhracter as that now located on the said avenue, and all subject to the approval of the City Engineer. (d) Said railway company shall further construct at its own expense, immediately north and east of said re-established northerly and easterly.curb line of sail avenue. between said str eets and adjoining thecurbso to be constructed by its a cement sidewalk not less than five (5) ' feet in width at all paints where the top of the banks, of the St. Joseph River immediately adjacent to said.avenue is less than twenty-five (25) feet from said northerly and easterly curb line, and said sidewalk to be constructed at si such time as the Board of Public Works may direct, but not later than October 1,1913, (e) Concurrently with the construction of said double track and. said curb and the extension of said pavement, said railway company shall also construct and erect at its own expense a barricade consisting of two three inch gas pipe rails and substantial posts along the northerly and easterly line of said proposed: side walk. at al: poirits where' the top of the bank of the said St. Joseph River immee ately adjoining s1fid avenue is less than twenty-five (25) feet distance from said cyuib line, such barricade and the opening 'whi ch shall be"const ructed subject toe approval of the City Civil Engineer. g al � � d -,�1 � el �- / SECTION TWO: The foregoing power, privilege and authority is hereby given and granted to said company with all rights and subject to all the conditions, re st ri c- tions and regulations (except as herein otherwise provided) contained and 4xpressed In Ordinance Noi 656 adopted by the Common Council of the City of South Bend, Indiana, January 92 1885, and franchise ordinances and contracts amendatory thereof and supple- mental t' ereto, and the same are hereby made a part of this contract; and this contract shall be in full force and effect from and after its approval and conirmation by. an, Ordinance passed by the Common Council and approved by the Mayor .of said City and shall be binding upon and inure .to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF said City has caused its name to be signed by the members of the Board of Public Works of said City and the said Railway Company has caused' its na¢nf to be hereunto set and its corporate seal affixed -by Charles M. Murdock, its Vice. Presider duly authorized thereto., the day and year dirst above written. CHICAGO,SOUTH BEND &. NORTHERN INDIANA RAILWAY COMPANY, BY CHARLES M. BURDOCK NICE PRESI,ANT. CITY OF SOUTH BEND, INDIANA, OTTO C. BASTIAN F. E. LAMBERT CHAS, F. NI ' Bc3ARI5 OF PUBLIC P re si. dent .