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expressly waives all objections on account of illegality or irregularity of the proceed -
<br />ins had for the improvement by paving of Portage Avenue from the Viaduct to the First
<br />alley North of Kenyon Street in the City of South Bend., Indiana, as designated in Improve-
<br />ment resoluti0 n No. 113, adopted by said City, and request 'that said City take such
<br />action and do such things as may be necessary to entitled the uddersigned to take ad-
<br />vantage of the provisions of said act, and to include in the amount of bonds to be issued
<br />or sold the entire cost of the `paving improvement including the laying of four ('4") of
<br />gravel under the ties and six (6") of gravel between the ties and, for the necessary
<br />excavation therefor. "
<br />CHICAG0 2 SOUTH BEND & NORTHEKq INDI ANA.
<br />RAILWAY COMPANY.
<br />BY CHARLES 1g. BURDOCK
<br />Vi ce--P re si dent .
<br />Attest
<br />By S. M. MURDOCK
<br />Secret ary
<br />Dated, Jure 14th. 1912.
<br />WHEREAS, the City of South Bend, Indiana, by and through its Beard of
<br />Public Works, heretofore, by improvement resolution No. I13, eausid Portage Avenue from the
<br />Viaduct to the FirstnAlley north of Kenyon Street, to be improved by paving the same.
<br />WHEREAS, the CHICAGO,SOUTH BEND '&" NORTHERN INDIANA RAILWAY COMPANY, a
<br />street railway company, oceupies a portion of said street for the operation of its
<br />electric railway, and by the. conditions and terms of its franchise are required to pane
<br />a portion of said street, and
<br />WHEREAS, the portion of said. street required to be paved by said Rail-
<br />way company wan paved by C. H. DEFREES, of the City of South Bend, County of St. Joseph
<br />State of Indiana, .as contractor for such work and same was completed by him as such
<br />c ant ract or and accept ed by the City on the_ 13th. daft of Sept ember 1912, and
<br />WHEREAS, the said Railway Company,, can the day of
<br />1912, executed and filed with the Clerk of said C ity its stipulations and agreement !lvaiving
<br />objections on account of any illegality or irregularity in the proceedings had for such
<br />inpro,re rent of said street, .and requested the City to issue bonds to procure funds with
<br />;which to pay said gum due for such paving in the manner provided by an Act entitled.
<br />"An Act Concerning Municipal Corporations" Approved Maa,reh 6th. 19052 and all amendatory
<br />and supplemental acts thereto.
<br />Now, therefore, be -it resolved that bands be issues In aceordanee with the
<br />powers vested in the said City by virtue of the provisions of said Act, for said sum of
<br />divided into series as fellows. Torn (10) bonds of each,
<br />due an6 payable rospeetiyely ,1,2,3,4,5,6,7,5,9 and 10 years after the said deer
<br />Of 1912, and numbered consectively from 1 to. 10 inclusive. Triat
<br />each of said bonds shall be paaybale by the City of SoutA Bend, Indiana, to be bearer thereof
<br />,aat the Treasurer's office in the said City funds actually paid to or collected by it from
<br />the CHICAGO, OUTH BEND & NORTHER-v INDIANA RAILWAY .COAPANY, on account of said improvement
<br />and the agreement of said Company to pay for the same.
<br />Saig bands shall be payable in lawful money of the United States,without
<br />relief from valuation and appraisement laws and attorney -Is fees. Each of said bonds shall
<br />bear interest at the rate of Six (6%) per cent per anaum -from said _ day of
<br />1912,payable semi-annually on prese,:tation and surrender of the coupons attached to said
<br />bonds as they severally matures. Said bonds shall have the same priority ever other liens
<br />as have assessments for ther street improvements and shall be a first lien on all of the
<br />property, assets and franchises of said Railway Company in the manner and to the extent
<br />provided by law.
<br />Adopted by the City of South B, nd, Indiana, this 13th. day of September,
<br />1912.
<br />OTTO C. BASTIAN
<br />FRANCI S E. LAMBERT
<br />CHAS. F. NIEDBAKSKI
<br />BOARD OF PUBLIC WORKS.
<br />Accepted by the Stockholders of the Chicago, South Bend & Northern Indiana Railway Company
<br />this 7t h. day of February 1912.
<br />S. M. MURDOCK CHARLES M. MURDOCK
<br />Se cret ary Vice -Pre ^i dent .
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