Ratifying & Confirming a Contract made between Board of Public Works and New Jersey, Indiana & Illinois Railroad Company

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.0 T I OZ Notice is hereby gives that the Board of Public Works of the City of South Bend, Indiana, in the matter Of the petition of the New Jersey, Indiana & Railroad Company for permission to construct, maintain, and operate an additional track across Sample Street in the City of South Rend, has determined upon the exact form in "which aide proposed franchisee or permisabn will be considered and adopted add_ has fixed a time and place for public hearing on the pro- visions of said graent or franchise and any-pro eats filed against said Owen, or franc "seG or any provision thereof e form, of sa id ranchise ar permission - together with the ti a `place -of .said.,hearing is set forth in the following resolution, to.-wit;: IN THE-MATTER OF THE PETITION OF. THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY ton Int- . MISSION TO CONSTRUCT MAINTAIN AND OPERATE AN ADDITIONAL TRACE'ACROSS SAMPLE STREET IN THE CITY OF SOUTH BEND, R E S O L U T I O N RESOLVED, By the Hoard of P lic Works in the City of South Bend Indiana that the petition of the New Jersey, Indiana & Illinois Railroad Company heretofore filed asking for permission to construct maintain and. -operate an a dditional `track across Sample Street as hereinafter further set forth be and the same is hereby granted, on the following terms -and conditions, to-wit. 1. Said additional track shall be constructed on lands owned by the New Jersey, Indiana & Illinois Railroad Cokpany and shall cross Sample Street at grade. 2. Said additional track shall be constructed maintained, • used and operated according to the terms of the franchises heretofore granted to the said New Jersey, Indiana & Illinois Railroad Company, which said -franchises were contained in an ordinance adopted on the 28th day of February, 1904, and all ordinances amendatory thereof or supplemental thereto. 3. The said New Jersey Indiana & Illinois Railroad Company, its successors and assigns snail so construct its said tracks,as to . cause the least obstruction ppossible• to t e n _ paesage-af pnrs©ns`anet vehicles and shall always- maintain Persons ;so as to make 'the same safe and convenient far the passege;:of persons and veitioles, and said company, its successors and assigns shall take and maintain under`its said tracks, sufficient sufficient ettlyertcand drains to admit- the free passage of water along *add Street, and shall when required by said City -plank said tracks between tails the Entire width of said_street' and shall when so required also, Plait the sidewalks where they cross such tracks and shall keep such crossings when so made in good repair and condition; 4. If said "Railroad Company, its successors and assigns, after notice, shall fail or refuse to do any and all of the things required by this contract then the same shall be done under the orders of the Council by the Street Commissioners of this City and the expense of doing same with a penalty of twenty (2O ) per cent. be recovered from said Company, its successors and assigns, in any court of competent jurisdiction.