05-27-37 Council Special Meeting Minutes

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AGREPi ENT This Agreement made and entered into this 25th day of May, 19372 by and between the City of South Bend, Indiana., by and through its Board of Public Works and Safety, hereinafter called the. first party, and the Northern Indiana. Railway, Inc., a corporation organized under the laws of the State of Indiana, and Raymond R. Smith, Receiver of said Northern Indiana Railway, Inc., their successors and a,919igns, herei4fter called parties of the second part, WITHESSETH: That Whereas, the r rties of. the second part now have and own an indeterminate permit to. operate, as a part of their street railway system in said City of South Bend, a local street car service for the carriage of passengers ifor hire over the following route, viz: On Portage Avenue from its intersection with Keller Street,southeasterly to its Intersection with Navarre Street; thence East on Navarre Street to its inter- section with Michigan Street; thence south on Michigan Street to its intersection with LaSFlle Avenue; and said Ia- rties of the second part r_ow have street railway tracks laid in said streets and are operating,street cars over the same and along said route for the carriage of passengers for hire, and have the indeterminate right to continue to operate street cars over end upon said streets; And Whereas, said party of the first part is about to relay the pavement on said Portage Avenue, end has requested the parties of the second part to remove their said street railway tracks not only from said Avenue, but from all-the streets end avenues first above described; and has requested them to remove their re.ilway` tracks from said streets, and in place of said service to install and operate automobile or motor busses for the carriage of passengers for hire, and amid parties of the second part are willing to_ comply with said regtiClstsTfn- bon.siders.- tion thetspidi-- -Ci:ty gthhts °tb-them the right to operate motor busses over said streets end into the asm.e gerierel territory for ,the cerriage of passengers for hire. Therefore, consent, permission and authority are hereby granted and given by the party of the first pert, to and vested in.the parties of the second part, their successors end assigns, subject to the. conditions hereinafter specified, to operate vehicles, commonly known as motor busses, for the purpose o.f carrying passengers for hire, from the date of this ;�reement, over the .fol] ow ng route in said City of South Bend, to-wit: Starting on Portage Avenue at its intersection with Keller Street; thence southeasterly on Portage Avenue to its intersection with Navarre Street; thence East on Navarre Street to its intersection with Michigan Street; thence south on Michigan Street to its intersection with Washington Street; thence west on Washington Street to its intersection with Main Street; thence North on Main Street to its intersection with Navarre Street; thence west and northwesterly over said Navarre Street and Portage Avenue to said Elwood Avenue. The said second parties agree to operate motor busses over said routewit h a. regular time schedule, adequate to the convenience and necessity of the users of said service, at the same rate of fare now being charged by the parties of the second part on 'other motor bus routes in seid city, to -wit; a ten-cent-cash fare, and three tokens for twenty -five cents (each token giving a pessenger the right to ride or trip on a bus), together with• tine right of one transfer to either street cars or other busses operated by the parties of the second part. The party of the first part further grants the right to the parties of the second part to erect and maintain suitable signs along slid streets and routes, advertising- its stops „a.nd schedules, which right shall be subject to reasonable regulation by the Board of Public Works and Safety of Said City. The party of the first part intends to repeve said Portage .Avenue, and it further grants to the parties of `the second part the right until such time as said improvement is completed, to operate its said motor busses over such streets and avenues of said City as they may select and which lend into the seme generpl section of the City a.s is now served by said Portage Avenue street csr line. The parties hereto further .agree that this contract shall not be binding and effective un- til and unless the same is ap-roved by ordinance of the .Common Council of said City, end by order of the St. Joseph Circuit Court. And the perties of the second part agree that upon *its final and complete execution and approval as aforesaid, they will remove the street car tracks from the streets first.e.bove mentioned sous to permit the making of said improvement. IN WITNESS WHEREOF, the first party has hereunto caused its name to be signed by the members of its Board of Public Works and Safety, and the second party, Northern Indiana Railway, Inc. by its President and Secretary, and said Receiver has also affixed his name. CITY OF SOUTH BEND, INDIANA By Frederick J. Anderson Edwin W. Hunter Fred Woodward Its Board of Public Works end Safety NORTHERN INDIANA RAILWAY, INC. Fay W. W. Waterson Its President ATTEST: Oren A. Small Its Secretary. Raymond R. Smith Receiver of Northern Indiana Railway, Inc.