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<br />Indianapolis, Logansport & South Bend Traction Railroad
<br />Company's Contract.
<br />This contract made and executed in duplicate on the 26th day of August, A. D. 1905
<br />by and between the City of South Bend., Indiana, by and through its Board of Public works,
<br />and the Indianapolis, Logansport and South Bend Traction Railroad Company, a corporation
<br />organized under the laws of the State of Indiana, witnes-seth:-
<br />Section 1. For convenience the Indianapolis, Logansport and South Bend Traction
<br />Railroad Company, will hereafter be spoken of and designated in this Contract by the
<br />work "Company".
<br />Section 2.. The.said Company is authorized to construct a single track, subject to
<br />the conditions precedent, hereinafter set out and mentioned in Section 11 of this Contract,
<br />together with all necessary side-tracks, turn -outs and switches, upon the following
<br />streets and avenues in the City of South Bend, to -wit:
<br />Beginning at the point where the center of Calvert street intersects the East line
<br />of said City, thence running west along, and over said Calvert street projected to the
<br />center of Main street to the point where Calvert street projected crosses Main street.
<br />The said Company agrees i6s a consideration of this grant to purchase, and open up and
<br />dedicate for the use of the public as a street, a strip of ground sixty (60) feet in
<br />width lying between Michigan street and Main street, said strip of -ground to connect
<br />Calvert street from Michigan street with Calvert street at Main street as now opened.
<br />Section 3. The said street railway shall be used to carry on the business of modern
<br />street railway companies, both local and interurban, as carried on in cities, subject to
<br />.limitations heretofore and hereinafter contained, and shall be equipped with cars and
<br />carriages, that shall be modern in equipment and of the best style. and such as are used by
<br />such.railWays in this and other Cities.
<br />The Common Council of the City of South Bend shall at all times have the power to
<br />make, by ordinance or resolution, such reasonable regulations as to the time of running
<br />interurban and City cars as the public safety and convenience may require, and as to the
<br />speed thereof, and to fix penalties for anyviolation of such regulations; Said Company
<br />shall not haul any freight along or over said str eets', except such as is contained in
<br />baggage or express cars. The baggage and express cars herein mentioned shall be used
<br />exclusively for parcel express and baggage and small merchandise, and shall not at any
<br />time exceed two cars in number in any one train, and shall not be unloaded except at the
<br />Company's baggage rooms.
<br />It is agreed and understood that the above regulations for the transportation of
<br />freight, baggage and express are temporary in their nature, and the City reserves the right
<br />to make such other additional regulations regarding the transportation 8f freight, baggage
<br />or expbess or the number of cars in any one train as the Common Council of said City may,
<br />from tirfie to time, by ordinance, require. The baggage cars shall conform in general
<br />style and appearance with the passenger cars used by said Company, and the location of
<br />the baggage room shall be approved by the Board of Public works.
<br />Section 4. The motive power used shall be electricity or any other approved or
<br />practical power, except steam or anumal power; and, if electricity is used, the cars shall
<br />be propelled by over -head contact, wires, suspended from iron p-oles placed as near the
<br />curb line as possible and at such points as said City may direct, and so adjusted as to
<br />obstruct the public use of streets and sidewalks as little as possible.
<br />The said wires shall be suspended not less than twenty (20) feet above the rail. All
<br />poles, tracks, wires, fixtures and equipment shall be maintained by said Company at all
<br />times in a neat condition. All poles must be kept neatly painted. All wires shall be
<br />insulated, and in addition to the insulation at the trolley wire, an insulator shall be
<br />placed in the span wire on each side of said trolly wire.
<br />Section 5. The said Company, or its assigns, shall by means -of carful bonding or
<br />other approved and established means provide against electolysis of gas, water other pipes
<br />laid underneath the surf!ac,# of the streets, avenues, alleys or private rights of dray;
<br />and said Company agrees to indemnify the City against any loss or damage resulting -from
<br />electolysis caused by the use of electricity in propelling its cars.
<br />Section 6. The track of said railway shall be of standard gauge, four (4) feet and
<br />eight and one-half (9-1/2).inches -wide, and shall be laid in a single track in the center
<br />of the streets, avenues or alleys, unless by said City directed to be otherwise laid.
<br />It shall be constructed. of "T" rails not less than sixty-five (65) pounds to the lineal
<br />yard, and on paved streets seven (7) inch "T" rails shall be used, in a substantial and
<br />workmanlike manner, according to the newest and best method of laying street railway tracks
<br />Not less than six inches of concrete shall be placed 'between each tie, and the same shall
<br />be planked Flush with upper surface of tie.
<br />The said railway tracks, turn -outs, side tracks, and switches shall be so laid that
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