Ratfying & Confirming Agreement between New York Central Railroad Company and Board of Public Works

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.2.. thereunder by the Special Board for Public Works, Certain funds are available to the State under certain conditions for the improvement of extensions of the Federal Aid Highway system into and through municipalities, and WHEREAS, under Sec.29 of Chapter 18 of the Ao$s of 1933 General Assembly of the State of Indiana entitled: "An Act Creating a State Highway Commission, etc. ", the State Highway Commission is authorized "to cooperate with the United States Government under any federal law in any manner necessary to secure for the State bf Indiana the proportion of any federal appropriation which may be made in the future", and WHEREAS, the State desires to construct said railroad bridge, street approaches, and the drainage thereof with National i IFund Recovery Nighwes and has submitted this project as a part of its program of ational Recovery Municipal Projects under said National Industrial Recovery Act of June 16, 1933, now Therefore, in consideration of the mutual provisions con- tained herein, the parties hereto for the purpose of separating grades at the said crossing of the main line of the New York Central Railroad with 'Western Avenue and Walnut Street, in South Bend, here- by agree with each other as follows: 1. The State agrees to submit to the proper Federal Apthorities all necessary project statements, plans, specifications and other papers and to diligently endeavour to obtain all necessary Federal approval thereon, for the construction of this grade separa- Y-00-tion with N tional Recovery Highway Funds. all9cated tq the State. The Railroad Company and the City agree to cooperate with and assist the State in every reasonable way to accomplish these things. 11. In the even that all necessary Federal approvals are secured within one year from the date hereof then the parties agree that the said grade separation shall be constructed as hereinafter set out, but in the event that such approvals are not secured within one year, then this agreement shall be of no force and effect. If and when this agreement becomes fully operative and effective it shall supersede and replace or modify all portions of the afore- mentioned agreement of April 11, 1930 with which it is in conflict, but only to the extent of such conflict. 111. The work shall be subject to all Federal laws, rules, regulations, orders and approvals applying to it as a National Recovery Municipal Project. 1V. The work included in and covered by this agreement shall concist of and include, (a) Raising the track of the railroad company at the center line of Western Avenue by approximately 4.96 feet, and all work incidental thereto