|
EXHIBIT B.
<br />WHEREAS,. Samuel H. Dixon and Archibald F. Locker, partners doing business
<br />under the firm name and style of Dixon & Locker, are now engaged _ in the coal .and vo o d
<br />business in the City of South Bend, Indiana, the yard for said business ,being located on
<br />Mishawaka Avenue between Smith and Eighth Streets in said City; And,
<br />WHEREAS, Said Dixon & Locker have heretofore -entered into a contract and
<br />agreement with the Chicago, South Bend & _Northern Indiana Railway Company :relating to the
<br />delivery of cars 'loaded with and transporting vo od, coal and other material handled in the
<br />regular course of the business of said partnership from the Grand Trunk Western Railway
<br />Company over the lines of said Northern Indiana Railway Company to the said yards of sEdd
<br />partners by switching same. to and from the Grand Trunk Western Railway Company over the
<br />interchange_ track of said Grand Trunk Western Railway Company and said Northem Indiana
<br />Railway Company and over the necessary tracks of said Northern Indiana Railway Company add
<br />a proposed side track from the lines of said Northern Indiana. Railway Company to and upon
<br />the yard and premises of said partners; And,
<br />WHEREAS, Section three of said contract reads as follows: -
<br />"Said Northern Indiana Railway Comp any shall not be
<br />required to do any work in connection withthe change or
<br />alteration of said connection and interchange track or, in
<br />connection with the construction of said side track on
<br />Mishawaka Avenue above and hereinafter referred to until
<br />said p art ne r s shall procure from the proper aut ho rit i e s
<br />of the City of South Bend, Indiana, requisite permit and
<br />franchise ,right for and in said„Northern Indiana Railway
<br />Company, .to construct, maintain and operate said side track
<br />upon said Mishawaka Avenue from its main track on said
<br />avenue to the premises on which said coal and wood yard
<br />are now maintained, and located as shown on said plat,
<br />marked "Exhibit A", and also permitting and authorizing
<br />said Railway Company to, switch said cars of material to and from
<br />said last mentioned premises from the connection and inter-
<br />change track above referred to and over its said tracks on
<br />Mishawaka Avenue and other necessary tracks."
<br />Aow, THEREFORE, In compliance with the. request of said Dixon & Locker, it
<br />is hereby agreed by and between the City of South Bend, by and through its Board of Public
<br />Works, and the Chicago, South Bend & Northern Indiana Railway Company, that said Railw"
<br />Company is hereby granted the permit, right and authority to construct, maintain and
<br />operate a side track with necessary switches and other appurtenances upon and across the
<br />north side of Mishawaka Avenue, between Smith and Eighth Streets in -the said City of South
<br />Bend, from the main line of said Northern Indiana Railway Company, to. and,upon,the premises_
<br />on which the coal and wood yard of said Dixon & Locker is now maintained, said side track
<br />to be located substantially as shown on the blue print hereto. attached,marked "Exhibit A"
<br />and hereby,made a part hereof; and said Northern India ..a_Rai lwey Company is hereby per-
<br />mitted and authorized to transport between the hours of twelve .(12) A.M. and five. (5) A.M.
<br />daily over its lines on said Mishawaka Ave nue . and Eddy Street and. East Division Street and
<br />intervening lines between its said interchange track with the Grand Trunk Western Railvay
<br />Company and the proposed side track and premises of said Dixon & Locker,' all cars and mater-
<br />ial destined to or forwarded by said Dixon & Locker, in the regular course of their business.
<br />The foregoing power, privileges and authority is. given and granted to said
<br />Railway Company with the ri ght s and subject to all the conditions, restrictions and regula-
<br />tions (except as herein otherwise provided) contained and expressed. in Ordinance No. 696,
<br />adopted by the Common Council of the City 'of South Bend, Indiana, January 19,1885 and
<br />franchise ordinance amendatory thereof, and supplemental thereto, and the same are hereby
<br />made a part of this contract.
<br />IN WITNESS WHEREOF said City has caused its name to be signed by the me1be
<br />of the Board of Public Works of said City and the said railway company has caused its name
<br />to be hereunto set and its corporate seal affixed by Charles M. Murdock, its Vice president
<br />duly authorized thereto, this day, of November ,1912.
<br />CITY OF SOUTH BEND, INDI ANA.
<br />BY BOARD OF PUBLIC WORKS.
<br />CAI CAGO, SOUTH BEND & NORTHERN INDIXNA RAILWAY COMPANY,
<br />by CHARLES M. MURDO
<br />Vice�President
<br />Pre s dent
<br />
|