08/1906 Board of Public Works Minutes

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Wednesdav Augus The^Board met in regular session at 10 A. M. Mr. Papezynski absent. The following contract was entered into with the Northern Indiana Ry Co. THIS AGREEMENT made.and executed in duplicate on this,lst day of August 1906, by and between the City of South Bend, Indiana, by and through its duly authorized Board of Public Works, duly authorized in the premises, and the Northern Indiana Railway Company, a corporation authorized under the laws of the State of Indiana, WITNESSETH:-- (That for convenience the said Northern Indiana Railway -Company shall hereafter be known and designated in this contract by the work "Company".) Section 1. The said Company is hereby requested and authorized to construct and extend its tracts, with all necessary curves, side-tracks, turn -outs, Vs., switches, and equipments upon the following streets in the City of South Bend., Indiana, to -wit: Beginning.at the intersection of Michigan street and Broadway, thence running east on Broadway to Marietta street, thence south on Marietta street to Indiana avenue, thence east on Indiana avenue to Miami street, thence south on Miami street to the north line of Calvert street; Also beginning at the intersection of Sample and Chapin streets, thence running west on Sample street to Union street, thence north on Union street to Dunham street; Also beginning at the present terminus of said Company's tracks on Michigan avenue, on and over Michigan avenue from said present terminus to Johnson street. It is also.authorized to double-� track its present line upon Vistula avenue from Jefferson street to a point immediately south of Wenger Ottivert:. Section 2. It is hereby agreed between the parties, that said Company shall complete said extensions by the lst day of November, 1906, with the exception of the double track on Vistula avenue upon which nothing shall be done until the summer Of 1907, and that the said Company shall proceed immediately to make improvements and extensions, and will prosecute same to completion as rapidly as weather conditions. and receipt of material will permit. Section 3. The. said Company further agrees that it will re -lay all pavements disturbed by it, and will refund to the abutting property owners the value of the pavement within the space occupied by its track or tracks where said pavement is already laid. Section 4. The permission and authority herein grantes is under and subject to all of the conditions, restrictions, limitations, and regulations as contained and expressed in Ordinance No. 696, and adopted by the Common Council of the City of South Bend, Indiana, January 19, 1995, and the sameis hereby made a part of this contract. IN WITNESS WHEREOF the parties have cuased these presents to be executed by the Board of Public Works of the City of South Bend, Indiana, acting on behalf of the City of South Bend, Indiana, and the Northern Indiana Railway Company by its President and Secretary. Board of Public Works of South Bend, Indiana. Northern Indiana Railway Company. By J. MeM. Smith, President. Attest; Mortimer.P. Reed, Secretary. # SEAL # r# William A. Melnerny Edwin Nicar. ---------- 000--------- I I � 0 IfFr-/. . . . i .