Laserfiche WebLink
Board met in especial session au % *30 P.Di. All members present. <br />A Contract authorizing tl ' 'trdh- greets of the Cite a2:.South <br />Bend, Indiana, by the Chicago, Lake Shore & South Bend Railway Company and the Chicag <br />Chicago, South Bend & Northern Indiana Railway Company, for railway purposes, and <br />fixing the rights, obligations and duties of the parties. with reference thereto. <br />THIS CONTRACT, Made and executed in triplicate this 29th. day of April,. <br />1913, by and between the City of South Bend, Indiana, by and through its Board of <br />Public Works duly authorized in the premises and hereinafter' sometimes referred to <br />as the "City", as party of the first part; and -the Chicago, Lake Shore & South Bend <br />Railway Company, hereinafter sometimes referred to as the "South Bend Company", as <br />party of the second part, and the Chicago, South Bend &Northern Indiana. Railway <br />Company, hereinafter sometimes referred to as the "Northern -Indiana Companyy"q, as <br />party of the third part, each of which said companies, are corporations organized undw <br />the laws of the State of Indiana, WITNESSETH: THAT, <br />REAS, The said South°Bend Company now -owns and operates.,as a part of <br />Its interurban railway system certain tracks in, along and upon ce-rtain streets and <br />avenues in said City under any by virtue of, and as assignee of, -franchise ordinance <br />number 1214 ap.d Ordinance amendatory there-of`and supplemental thereto,° and, <br />WHEREAS, The said .Northern Indiana -Railway Company ,owns and operates a <br />system of, street and interurban3raile►ay in, along and upon certain streets ..in said - <br />City <br />under aAd by virtue of franchise ordinance number 696 and ordinances amendatory <br />thereof „and supplmental thereto; and, <br />WHEREAS, It is now de-emed to the mutual advantage of all the parties here <br />t+ ,° and the public that said companies be permitted to reconstruct their Lines of <br />railway and readjust the. operations of the same in the manner: hereinafter set forth, <br />NOW,;THERE Fn RE: <br />In cousIderation of the imutual covenants and agreements "herein ,con- <br />twined it is hereby.agreed by and between each of the ' parties..hereto tbat.: <br />OCTIO+1 .1.. The .rights, privileges and. authority herein -granted to and vested -in <br />said. South Bend Company and said Northern Indiana . Company are hereby granted to and <br />vested -,in them in severalty only, and each,of said companies shall hold such rights, <br />p rivileges and authority under the terms and 'With the rights and subject to the,_ eon- <br />ditions and limitations ok their said respective franchise ordinances and ordinances <br />amendatory thereof and suppl&mental thereto, including all franchise ordinances in <br />which said. companies are named as grantee or to which they are successors by <br />assignment oft otherwise. <br />SECTION 2. The South Bend Company is hereby authorized to reconstruct, readjust , <br />remove, and relay its tracks on LaSalle Avenue near the Western terminus thereof <br />so`as to leave LaSalle Avenue. &t a point about one hundred twenty-five"(125) feet <br />east of LaPorte Avenue., on a convenient and practical curve of approximately ten (10) <br />degrees to the southward over and across on private property to which it may have <br />title or may obtain title; thence across LaPorte Aveme, and thence on private <br />property and on such private, property across all intervening alleys to Colfax Avenue, <br />to a point about one hundred fifty (150) feet West of t.ie fittst alley east of Elm <br />Street; and also by a convenient and practical curve of approximately ten(10) degrees <br />in a northwardly direction by leaving Colfax Avenue at a point about twenty-five <br />(25) feet east of Studebaker Street; thence across Studebaker Street on such ten <br />degrees curve across all intervening alleys on its private right of way to and.across <br />BirdsellStreet; thence continuing on its private right of way to a point on -Orange <br />Street, approximately one hundred eighty (180) Beet West of Birdsell Street, there <br />connecting with its present track by a practical and convenient curve of approx- <br />imately ten (10) degrees; and alsobegiri tinga at a point on Orange Street about twenty <br />five (25) feet'East of Meade Street; thence northerly upon a practical and convenient <br />curve of approximately ten (10) degrees to and upon its private right of, way and <br />across all intervening -streets and alleys to a point near the west City Limitsl.�there <br />connecting with its present main track; and, <br />