|
ril 29th. 1913.
<br />At the. corner of LaSalle Avenue and LaPorte Avenue, the City of South
<br />_Bend shall be permitted to determine how much of said lot lying north of the said South
<br />Bend Company's right of way shall be used -for street purposesand shall indicate the extent
<br />to which the same shell be rounded out and supplied with curb and .sidewalk and pavement.
<br />All to be done at the expanse of the said South Bend Company and to be done by its at its
<br />own expense to the satisfaction of the Board of Public Works. After the completion of said
<br />work, the said City of South Bend ,shall keep the same in repair, as it keeps other streets
<br />in repair, and the said City of Sonth Bend is hereby granted the right to maintain so
<br />much as is desired north of said right of, way as herein set out as and fora public street,
<br />the title to said point to be in the said South Bend Cmmpany, subject to said easement for
<br />public highway purposes.
<br />Said South Bend Company is hereby[ also authorized to construct, maintain
<br />and operate a single track line on LaSalle Avenue beginning at the, west line of the inter-
<br />section of said LaSalle Avenue and Michigan Street, there connecting with the present north
<br />track of said Northern Indiana 'Zompany on said La Salle Avenue; thence east on LaSalle
<br />Avenue across the bridges over the Saint Joseph River and the East Race to the tracks of said
<br />Northern Indiana, Company on Hill Street; said single track to be placed with its center six
<br />feet and oneinch (6' 10) North of the .center line of LaSalle Avenue.
<br />ECT,ION Consent, permission and authority is hereby granted by said City to and
<br />vested in the said Northern Indiana Company to construct, maintain and operate a single
<br />track lirgq on LaSalle Avenue in said City beginning at the intersection of said. Lasalle
<br />Avenna and Michigan Street; there connecting by suitable curves with its present east track
<br />on Michigan Street; thence east on LaSalle Avenue across the bridges over the Saint Joseph
<br />River and the east Race to the tracks of said Northern Indiana Company on Hill Street,saia
<br />single track to be placed with its center six feet and one inch (6' 1") south of the cen-
<br />ter line of LaSalle Avenue. Each of said companies is hereby authorized to connect their
<br />said respective single tracks on LaSalle Avenue to Hill Street with the tracks of the
<br />Northern Indiana Company on said Hill Street with suitable curves, switches and turn- outs:
<br />and,
<br />,SECTIOAT 4. WHEREAS, The said South Bend Company has contracted with the Northern
<br />Indiana Company for the exclusive use of the present north,traek on LaSalle Avenue between
<br />the juncture of said railway companies' tracks near Michigan Avenue and Michigan Street,
<br />and also its south track on LaSalle Avenue between Main Street and Michigan- Street for and
<br />during the life of said South Bend Company's froarthise from said City, or any extension there-
<br />of,and said companies have also contracted that upon the termination of said franchise rights
<br />of said South Bend Company by expiration of otherwise, or in the event that during the life
<br />of said franchise or any extension thereof said South Bend Company, its successors or
<br />assigns, shall fail to use said trackage for eny continuous period of six (6) months, than
<br />and in either event said South Bend Company's right to use said trackage shall eease and
<br />terminate,NOW, THEREFORE,
<br />SaiD City hereby consents to such agreement and said South Bend Company
<br />is hereby authorized by said City to maintain and operate said tracks so contracted for,
<br />for and during the life of said South Bend Company's grant under said franchise ordinance,
<br />number 1214 and in accordance with the rights and duties thereunder, or any extension thereof.'
<br />and ordinances amendatory thereof and supplemental thereto; and,,
<br />WHNREAS,the said South Bend Company has assigned and transferred all of
<br />its tracks and physical property on Yin Street to said Northern Indiana Company and has
<br />agreed to convert its present tracks and construction work on said Main Street into a
<br />double track line on said Main Street from LaSalle Avenue to Washington Avenue in said City,
<br />connecting such double track line with the tracks of the Northern Indiana Company, on said
<br />LaSalle Avenue and on Washington Avenue, and upon the completion of such double tracks and
<br />connections to turn same over to said Northern Indiana Company for its use and as its
<br />separate, sole property, NOW,THEREP)RE: '
<br />In view of said last mentioned assignment and transfer and agreement said
<br />City hereby consents to such assignments and transfer and to the construction and completion
<br />by said South Bend Company of said double track line on Main Street from LaSalle Avenue to
<br />Washington Avenue together with said connections, and the turning over of same thereafter to
<br />said Northern Indiana Company, and consent, permission and authority Is. hereby granted by said
<br />City, to and vested in said Northern Indiana Company to construct, , rebuild, repair, maintain,
<br />and operate same for street and interurban railway purposes, as part of its said system in said
<br />City, and said City also authorizes said Northern Indiana Company to rebuild,, relay and re-
<br />construct and thereafter maintain and operate its tracks and special work at the intersection
<br />of Michigan. Street and Washington Avenue by the addition of a single curve leading from the
<br />
|