12/1904 Board of Public Works Minutes

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Q/ Friday December 9th, 1904. The Board met in regular session at 10 A. M. Mr. Papczynski absent. THIS AGREEMENT made this 9th day of December A. D. 19042 by andbetweenthe City of South Bend, by and through its Board of Public Works, party of the first part, and the South Bend and Southern Michigan Railway Company, a corporation organized under and by virtue of the laws of the states of Michigan and Indiana, as party of the second part, WITNESSETH: For convenience, the South Bend and Southern Michigan Railway Company, its successors, lessees and assigns, will be hereinafter be spol,,en of and designated in this contract by the wort. "Company". That the party of the first part does hereby grant unto the said company, its successors, lessees and assigns, the right to"operate or have operated, its cars over and along the following tracks of the Indiana Railway Company, within said City of South Bend, as follows; Commencing at the intersection of the tracks of the two companies, at or near the south bank of the St. Joseph river in the said City of South Bend, thence south through Michigan street to Jefferson street; thence east through Jefferson street to St. Joseph street; thence north through St. Joseph street to Vistula avenue; thence northwest on Vistula avenue to Washington street; thence west on Washington street to Michigan street; thence north on Michigan street to the place of beginning. The cars of said company shall run over the tracks -and use the power and wires of said Indiana Railway Company upon such terms as may be agreed upon between the said companies. Provided, however, that said company shall transport local passengers to and from points, within the City limits, reached by its lines and not reached by lines of the Indiana Railway Comapny, at a rate not to exceed five cents per passenger for a continuous trip; said company to issue transfers -to and receive transfers from the Indiana Railway Company, upon such terms as may be agreed upon between said companies; which agreement in reference to transfers shall be satisfactory to, and filed with the Board of Public Works of said City.,Provided further, that in case the said company shall operate a local car over its lines, then this last foregoing clause with reference to the transportation of passengers and the issuance of transfers within the City limits, shall not be held to apply to the interurban cars of .said company. Said company shall not have authority to lay any tracks, or erect any poles or string any wires in the City of South Bend, under the provisions of this contract. This contract shall take effect and be in force, provided, within thirty days from the confirmation of the same by ordinance of the Common Council of the City of South Bend, said company shall file with the City Clerk, a written acceptance of the same; and the said Indiana Railway Comapny shall likewise file with the City Clerk its written consent for the operation of the cars of the said company over its tracks as designated herein; and upon the filing of said acceptance and consent, this contract shall take effect, and be and remain in full force. IN TESTIMONY WHEREOF, we have hereunto set our hands and seals this 9th day of December A. D., 1904, in duplicate. Attest J. B. McCance Secretary. CITY OF SOUTH BEND, By W. A. McInerny Edwin Nicar J. W. Papczynski As Board of Public Works of said City. SOUTH BEND AND SOUTHERN MICHIGAN RAILWAY COMPANY�q By M. P. Reed President. K President.