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HomeMy WebLinkAbout07/10/1928 Board of Public Works Minutes14 Tuesday, July loth. , D28 . Board met in regular session at 9 A. PR.. _fir. ,W. R. Hinkle and Mr. H. G. 'Wray absent. Minutes of meetings held July 3rd. , 1928, read and approved. The Board arWoved tT e renewal certificate of sward J. t hite excavation bond executed by Fidelity _ eposit o, , of Yaryland. The Board approved the following Guarantee Bonds: Guarantee Bond of Williston Construction Co., for the pavement on _College Street from-61wood Avenue to Keller Street under Improvement resolution No. ;! I983. Guarantee Bond of E. T. Traerg for the. pavement of the all( south of Elder Street from east line of 2nd. , alley west of Carroll 8tr.eet to the 2nd. , alley east of Michigan Street under Improvement. Resolution No.203.6. Guarantee Bond of C. E. Reesh for the sewer improvement in Ya ttreet from 2nd. alley north of Earneman street to alley south of mean Streetunder Improvement Resolution No.I878. Guarantee Bond of the Albert Construction co., for the pateme improvement 'on Webster Street from Indiana Avenue to existing navement on Prairie Aven and er Improvement Resolution No.I942. The Board signed the contract with C. H. Eldred for the pavement on Adams Street from Lincoln Iffay West to north line of Humbolt Street under Immoveiment Resolution No.2027. The Board also approved the construction bond of l same for 100% of the contract price (17,743.50) signed by National surety Go. The Board signed the contract with Albert Construction k'ompan; forthe pavement improvement on Johnson ''treet from sofi3�h line of Vassar Avenue running east from said Johnson street to Elwood Avenue under Improvement resolution No.2033. The Board also approved the construction bond of same for �Oj� of the contract price (15,849.62) signed by Inland Bonding Co. The Board signed, the contract with ,Albert construction Co., for the pavement improvement on Pulaski tre et from Bunham Street to Sample 16treet under Improvement resolution No.2059. The Board also approved the construction bond of same for 50% of the contract price (5,16L60) signed by Inland Bonding Co. V/ This being the date set, hearing was had on the pavement and sewer improvement in Lincoln Terrace Addition under Improvement Resolution No.2IO2. In the above named improvement resolution, no remonstrators appeared and no written remonstrance was filed and the Board being fully advised in the premises, finds that the benefits to the several lots and parcels. of land liable to be assessed for said improvements will be equal to the estimated cost of same as reported bg the City Engineer. The Board, therefore, decides to take final action on said resolution and deiblares same in all things ratified, confirmed and approved. This being the date set, hearings were had on the following assessment rolls: Assessment roll for the local sevper in 44ilson Avenue and I9th.!, Street from Greenlawn Avenue to Oashington street under Improvement Resolution No.200I.1 Assessment roll for the vavement on Webster Street from Indiana Avenue to xist ing pavement on Prairie 'venue ander Improvement Resolution No. z;942. Assessment roll for the pavement improvement on the Ist., alley south of Elder Street from East line of 2nd., alley west of Carroll Street to 2nd;. , alley East of Y-Ichigan Street under Improvement Resolution No.2036. Assessment roll for the pavement and sewer in Marquette Park Ist. , Addition under Imp_ rove ment -{esolution No.I985 and the 'hest 1/2 of Johnson Street from Marquette Park Ist. , Addition to Hanilton Street- under Improvement Resolution 002067. In all of the above named assessment rolls, no remonstrators appeared and no written remonstrances were filed and the Board, being fully advised in the premises, finds that the several lots and _parcels of .and xorimarily assessed for said improvements have been benefited in the amounts named on said assessment rolls, The Board, thereforerp decides to take final action on. said assessment rolls and declares said assessment rolls in all things ratified, confirmed and approved and the proceedings closed. The Board now orders said assessment rolls delivered to the Department of Finance. No petitions having been filed for a change of the' type of pavement other than that .specifie;d in the preliminary order for the pavement on O'Brif street Erin Lincoln `4ay 'Oest to ylwood Avenue under Improvement Resolution No.2035, the Board hereby makes a final order for sbheet asphalt pavement heavy traffic as the. tyre of pavement with Which said street shall be improveftemAd awards the contract for said improvement to Albert Construction Company at their low bid of .27, I73.20 for sheet asphalt pavement '_Heavy traffic. 0 • • • ; • M 143 Tuesday, Tuly IO th . , 1928. i' No petitions having been filed for a change of type of pavement ' other than that specified in the ?preliminary order for the pavement of Miami tree- j between Lincoln -ay East and Loring avenue except a portion on either'side of the right of way, under Improvement Resolution No.2060, the Board this Nth., day of July 1928, hereby makes a final order for sheet asphalt and sheet asnhalt resurfacing i as the type of pavement with which said street shall be im roved and awards the contragt for said improvement to Reith Riley Construction o. , at their low bid of 70,373.08 for sheet asphalt heavy traffic and sheet asphalt heavy traffic resurfac- ing. The following t--abulations of bids were filed by.Assistant Engineer • R. T. Pike: Tabulation of bids for the Sheridan Avenue Sub -Drunk Oewer System under Improvement Resolution Ito. 2074: Edward D3Julio Sorenson & Zomer J. :T.. Dunnegan No. Ind. Const, 47,950.00 42,430.00 34,290.00 Informal Tabulation of bids or the xavement on Napier Street from 4alnut- Street to Last Curb line of Cheery 4reet under Improvement Resolution No.2044. •; Reith Riley Albert Const. Co. dilliston Co. Alex Bukowski Aldred Sheet a.smhalt 7,232.72 72322.16 7,384.68 Asp. concrete 69964.62 72,050.76 7,137.12 concrete 6,564.80 6,653.IA 7,159.98 kk�*kk`k��e?cx,rc�c�kk*�:kk%kk�kk�extc=kk�kkk!eie�c*kkkk*k�c�Ck`Kkk!etc%kkkY���=k�:k;e�ckk*Xakk�;-k`k��=kkkx�c�ck�ak Tabulation of bids for the pavement of t e north 1/2 of Oakwood 131vd. , from east line of Portage Avenue to west line of leverley Place under Improve ment Res oluti on No. 2077 : Williston Construction Co. sheet asphalt I1663.82 '� kkkkk��%k��kk�#kkkkk?kkkkxkkkkkk�**kkkkkkkkk�xt�c�cttck��kkkk��=��k�x*-klc�(c:±ckkk���-F��k?k%k Tabulation of .bids for the pavement in Lincoln �janor, Haley's L ncoln Highvvra� Addition and Kaley's 6econd Lincoln Hilghway Addition under Jmprovement esolu- tion No.2092: dilliston Const. Co. `leith Riley Const. Co. Albert Construction C Sheet asp. L. T. I550234.10 155,GI5.80 I50,937.10 0 0 0 Bids having been received for the ewer improvement known as the. Sheridan Avenue pub Trunk Sewer under Improvement esolution No.2074, the Board this IOth. , day of July I928, hereby awards the contract to J. J. Bunnegan at his low jl bid of 34,290.00. Bids having been received for the pavement improvement of Lincoln Manor, Haley's Lincoln Righway Addition and-�bey's Second'k. Lincoln Highway Addition under Improvement Resolution No.2092, the Board this IOth. day of July 1928, hereby, awards the contract for said improvement to Albert Con- struction Company at their low bid of I50, 937.I0 for sheet asphalt light traffic pavement. Bids having been received for the pavement on Napier ''treet from 1alnut 6treet to east curb line of Cherry Street under Improvement Resolution No. 2044, the Board, this IOth., day of July 1928, hereby makes a preliminary order for sheet asphalt pavement light traffic ,as the type of pavement with which said street shall be improved and sets the 24th. ' day of July, I928, as the time when said Board shall either pass on petitions for a change of type of pavement other than that spedified in the preliminary order, atprard the contract or reject all bids. R. L. Pike, assistant engineer, submitted artial estimate No.I for the light traffic concrete pavement improvement on 30th. , treet from. Alishawaka Avenue! to North side Boulevard under Improvement Resolution No.20I3, in accordance with �I the 'terms of the contract between the City and C. H. M-dred. The Board signed and approved same in the amount of 4, 957.03. Tuesday, July IOth. , 1928. This being the date`. set,''bids were. received, o ened and read11 for the construction of a sewer in Huey Street between the alley south. of Frederickson Street and Elwood Avenue under Improvement Resolution No.2090. Bids are as follows: C. `'. Reesh Edward. Di Julio 12 inch pipe I.30 1.30 TO inch pipe I.15 1.10 1 6 inch pipe .60 .60 1 8 inch pipe '70 1 Manholes comulete 75.00 70.00 j . r. This being the date set, bids were re eeived, .opened and read for the construction of a sewer in Hildreth Street from Clover Street to a mint 250 feet west under Improvement Resoluti cm No.2089. ^Bids are as follows C. E. Reesh Edward Di Julio TO inch pipe 1.40 2.00 -6 inch pipe .80 .90 Yan.ho 1 es c ompl ete 8 0. 00 85.00 This being the date set, bids were received, opened and read;. for the construction of a sewer in Elwood Avenue from fedora Street to Huey Street under,, Improvement Resolution No.-2084. Biel s are as follows: C. E. Reesh Edward Di Julio ;; I0 inch pipe I. I5 T. i0 6 inch pipe .60 .70 8- inch .70 11-r nholes com-Dlete 75.00 70.00 All of the above bids handed to City Engineer for tabulation.1!: i i' The Board adopted the. following Supplementary peso ution No . I7 74B : DE'P4RT17NT OP PUBLIC WORK S SOUTH BMM INDIANA NOTICE OF RESOLUTION NO.I774B Pre©eedings Supplementary to Resolution No.I774 and to Supplementary Resolution il. No.I774A, with reference to Trunk and Sub -Trunk Sewer Improvements. Notice is hereby given that on the Toth., day of July, I9289;: the aaid Board adopted the following Supplementary Improvement Resolution No.I774B: ffhereas, proceedings have heretofore been had by this Board under its Resolution Nq.I774 and its Supplementary ResolutionNo.I774A, for the construct ion of the so-called Northwest Trunk Sewer System in said ¢pity; and Thereas, the course and direction of a Washington Street j Sub -Trunk Sewer No3 was given in said Supplementary Resolution No.I774A, as follows: Beginning at a manhole in the center line of Kenmore Street and the center line of Washington Street; thence east along the center line of lashi ton Street, thirteen hundred and twenty-eight feet (I3281) with a twenty-four inchn12411) circular sewer; thence still east along the center line of Washington Street nine hundred and fifty-five feet (955 t) to the center line of Liberty Street with an eighteen inch (18 ") circular I sewer; and i Whereas, since the adoption of said Resolution No/1774A, it i� has come to the attention of this Board and this Board iciows and finds it to be a fact ' that the ground conditions along said course from a point seventy-eight feet (781) j east of the center line of said Washington Street and the center line of Dundee Street, which intersects said Washington Street and from thence east to the end of the course .of- the sewer as described in said Resolution No. I774 A, i of such a character as to rencer the construction of said sewer at and along said co se as planned and out lined impossible without resort to engineering and building metho and expedients which would involve enormous and excessive cost to said sub -trunk sewe district; and Whereas, the Contractor is willing to construct the said I sub -trunk .Sewer one block South on the center line of said Dundee Street from the center line of Washington and Dundee Streets to the center line of Jefferson and Dundee Streets:' and them east to the center line of intersection of Jefferson and Liberty Streets, at and for the same expense to the said Sub -trunk D*16riet as it would have cost to eontinu in the center line of 1.7ashington Street to the center line of Liberty Street, it the conditions had been such as to allow such construction without extra cost for piling, sheeting, grav*l fill, cradling and other extras; and ? Whereas, the Engineer recommends that the course --of said sewer be changed as outlined; and Whereas, The Board believes .and ,now finds that the hhange Tuesday, July loth., i928. s 0 0 0 • • in route of said Sub -Trunk Sewer as suggester, .will insure a better sewer and will serve said dub -Trunk District fully as well as that ' originally planned and at an enormous saving in cost to said District. Now therefore, be it resolved that the course of said Sub -Trunk Sewer Number 3 be and the same is hereby now ordered discontinued in its course easterly from said Dundee Street and be ordered constructed &long the following line to -wit: "Beginning at a manhole in the center lineof Kenmore Street and the center line of Washing Street; thence East along the center line of Washington StreetT thirteen hundred and twenty-eight (feet (I3281). with a twenty-four inch (24") circular sewer; thence still east along the center line of Washington Street Three Hundred and Twenty-seven feet (3271) to the center line of Dundee Street *ith an eighteen inch (I811) circular sewer; thence South along the denter line of Dundee Street Five Hundred and Fifty four feet (554`f) with an eighteen inch (1811) circular sewer to the center line of Jefferson Street; thence East Six Hundred and Twenty- eight feet (6281) along the center line of Jefferson Street with an eighteen .inch ( I8") circular sewer to the center line of Liberty Street." Together with the necessary manholes, store water inlets, conduits and house connections to the curb line a ong the line of said Mprotement and to be built in accordance with the specifications, detail plans, maps and estimates now on file- in the office of the Department of Public Works of said city, which include an estimate of the yroportion of the cost of an adequate local sewer built along the above line, hears to the cost of a mlin sewer to be built as follows: The cost of an adequate local sewer, built along the line above described, is hereby estimated and fixed to be eight (8%) per cent of the cost' of the main sewer to be built along said line as above set forth, which proportion, as herein estimated and fixed, shall be taken and adopted in all computations requiring a knowledge of the cost of such local sewer if built along the line where the main sewer is to be built. The cost of the construction of said sewer shall be divided as follows. (I). So much of such cost as shall be equivalent to the construction of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the proposed lines as hereinbefore set forth, shall be paid for by abutting property holders and by the City of South Bend, if it be determined that the said city is benefited by the said sewer, in the same manner and to the same extent as local sewers are paid for by them, under the statute to such cases made and provided. (2). The excess cost, over and above what would be equivalent to the cost of a local sewer, if built along said line, shall be assessed against each piece of property in the district or area to be drained, and against the city, if it be determined that the said city is benefited by the said sewer, according to the manner and method prescribed by law; all of which said property beneficially affected lies within the following described territory in the city of South Bend, St. Joseph County, State of Indiana, to -wit: Beginning at the intersection of the center line of Kenmore Street jl and the north line of Washington Street; thence east along the north line of Washington;) Street to the center line of the first alley east of .Kenmore -Street; thence north along' the center line of the first alley east of Kenmore Street and said center line produced to the southerly line of the right-of-way of the New York Central Railraod; thence southeasterly along the southerly line of said right-of-way to the north and south center line of the west one half (I) of Section I0, Township 37' North, Ra e 2 East; jl thence south along the north and south center line of the west one half ( of said Section I0 to the center line of the first alley north of Division Street; thence west along the center line of the first alley north of Division Street to the center line of the first alley east of Kenmore Street; thence nort: along the center line i of the first alley east of Kenmore Street to the south line of Washington Street; j thence west along the south line of fashington Street to thecenter line of Kenmore Street; thence north along the center line of Kenmore Street to .the place of beginning. 1i And each -piece of property is said district or area above described, including abutting property holders and the city of South Bend, if it be determined that said city is benefited, shall be assessed, .as aforesaid, to pay said excess of , cost over and above what would be equivalent to the cost of a local sewer; all of which�l will more fully appear by reference to the profile, mar, drawings .and specifications now on files in the .office of the department of Public !!forks of said city, which I� among other things, give the exact course of said proposed main sewer:; overflows, and its appurtenances, and the district or area which may be _injuriously or benefically�� affected thereby, as shown by heavy boundary lines mar'ced on said map and drawings, which proper words and figures written thereon, clearly indicating what said heavy boundary lines represent, and the district or area a braced thereby.. .Assessments, if deferred, are to. be raid in ten dqual annual installments, with interest at the rate of six_ Der cent per annum. A bond or bonds shall be issued to the contractor in payment for said work, unless the property owners pay said assessments before said bond or bonds are issued. tinder no circumstances shall the city of South Bend be or be held responsible for any sum or sums due from said proprty owner.or comers for said work, or for the collection of the same, or f'or, t-he .payment - of any bond, bonds, certificate or certificates, issued to said contractor in payment for such work, except for such moneys as shall have been actually, received by said city from the assessments for such improvement.. Tuesday, July IOth ,1928. �i All proceedings had and irorks done in the construction of sai,c main sewer and its appurtenances, manner of assessment of property, collection of assessments and issuance of bonds therefore, shall be provided for in an act of the General Assembly of the State of Indiana, entitled "An Act concerning municipal Corporati onsn, approved March 6th. , 108. The estimated cost of Sub -gunk No.3 is I8,075.00. Said improvement shall be known as Washington Street jub-Trunl Sewer No.3 under this Supplementary Resolution No-1774B, which is.supplementary to Supplementary Resolution No. I774A and Improvement Resolution No. I7'74 for.he construction of the North West Trunk Sewer System in the said City of South Bend. All proceedings had and work done in the construction , of said main and said sub -trunk sewers and their appurtenances, manner of assessment. of property, collection of assessments and issuance of bonds therefor, shall be as provided for in an Act of the General Assembly of the State of Indiana, ,entitled An Act Concerning r-unicipal Corporations'% Acts I905, page 2361 and all acts amenda tory and supplemental thereto, In matters pertaining to the construction, alteration and maintenance of public drains and sewers, providing for the construction, alter ation and maintenance of such sewers and drains in such cities and within four (4) miles thereof, also providing for the assessment of property specially benefitted thereby, for the.. payment thereof, in whole or in part, and for the coil ect ion, of such.., assessments; repealin-- all laws and -Harts of laws in conflict., therewith. and declaring an emergency, approved march 6, I905; and all Acts supplementary and amendatory there to passed by the General Assembly of the State or Indiana. Resolved, further, that said Resolution 11R'o.I774 and all prod.eedings had and contracts let, under said Resolution and all proceedings subsegmen thereto, except as the sa--e are hereby modified and. corrected be 'and are hereby_ ratified and confinmied. Said Board will meet at I9 �OOA.'-M. , on the 24th. , day of, July, 1928 in their office in the City Hall, to hear and receive remonstrances.. from all persons interested in or affected by said proceedings, and will also hear and determine the question as to whether such district or area is properly bounded for... the purpose of such drainage, whether each such sub -trunk districts or areas is pro_ perly bounded for the purpose of drain age by each of. said sub -trunks, whether _other territory not included in such boundaries should be added to such district, or to either of said sub -trunk disricts, or whether any of the real estate therein included' should be excluded therefrom or from either of said sub -trunks distriet and will also hear and determine the question as t.o whether the special benefits to the several lots and -_nareels of land within such area or sub -trunk areas .and to -the said City by reason df such proposed improvement will be equal to the .estimated cost of said improvement. Adopted July IOth. , 1928. John J. Olejniczak Ralph H. Kus s Attested: Hazel A. Turner." In the above named improvement resolution, the Board hereby orders that notices of said hearing shall be published on the I3th., day of.July . and on the 20th. , day of July I928 _ in the South Bend TTews Times ,and Tribune according to 1 aw. City Eirigineer filed plans, specifications and estimate and the Board adopted said plans and specifications together with the following Improve- ment Resolution No.2IO8: SUB T: T1� r n I,_, �]C.*,,. ,TT T, nT T ?.11'T "1 J iJs . ~ l- r - i'/ T 9 7 S O LU L T .N . No. 2I08. Resolved by the Board of Public :'forks of the _City ,.of South fiend, County of Ct. Joseph, State of Indiana.: That it is desired and -,deemed necessary to construct a sewer all in said City which, from its size and character, is not. only intended and adapted for use by the property holders whose property abuts.. along the line of said sewer, but is also intended and adaptedfor receiving sewage from .collater; drains already constructed or which maybe hereafter constructed, be, and the. s a-,e is hereby ordered constructed an and along the following line in said Gity.,_. to -wit: j Bergan Street from Portage Avenue to Johnson Street•: ' Beginning at a manhole at the intersection of the center- line of Portage Avenue with the center line o� i � Bergan Street, .thence west along. the center line of Bergan Street to the center line of Johnson Street with a thirty -six- inch (36") circular sewer, together with the ncesswry manholes, storm water inlets, conduits, and house connections to the curb line along the line of said improvement, and to be built in accordance with the profile, specifications, detail plans, map and -estimates now on file in the office of the Department .QfPtzblic Works of said City. which include an estimate of the buip p i1 i `,erlt,a.long the above line, bearw 0 • 9 • 0 Tuesday, July 10th. , 1928. 147 U 11 0 • • • as follows: The cost, of an adequate local sewer, built along the line above described, i s hereby estimated and fixed to be per cent of the cost of the main sewer to be built along said line as above set forth, which proportion, as herein estimated and fined, shall be taken and adopted in all computatbons requiring a knowledge of the cost of such local sewer if built along the line where the main sewer is to be bunt. The cost of the construction of said sewer shall be divided as follows: M ' So much of such cost as shall be equivalent to the construction of an adequate local sewer not adapted to receive sewage from collateral drains or sewers, if built along the pvopos- ed lines as herein before set forth, shall be paid for by the abutting property holders and b-r the city of South Bend, ig it be determined that the said city is benefi ed by the said sewer, in the same manner and to the same extent as local sewers are paid for by .them, under the statut6 in such cases maxtd and rxovided. (2) The excess of cost, over and above what would be equivalent to the cost of a local sewer, if built along said line, shall be assessed against each piece of property in the district or area to be drained, and against the city, if it be determined that the sadd city is benefited by the said sewer, according to the manner and method prescribed by law; all of which said rroperty beneficially affected kiss withinthe following described territory in the City of South Bend, St. Joseph County, State of Indiana, to -wit: BER^AN SUB TRUNK S74 77R DISTRICT. Beginning at the intersection of the south line of Hamilton Street and the west line of the eatt one-half of the west one-half of Section 34, Township 38 North, Range 2 East; thence north along the west line of the east one-half of the we one-half of said Section 34, to the intersection of the center line of Bergan St_�°eeet produced west; thence east along the center line of Bergan Street to the intersection of the west line of the east one-half of the east one-half of the west . one-half of Section 34, Township 38 North, Range 2 East, thence north along the said west line; ozfx to the intersecitton of the north line of Section 34, Township 38 North, Range 2 East.; thence east along sadd north line to the intersection of the east line of Brookfiled Street produced north; thence south along the east line of Brookefiled Street to a point in staid eattline one hundred and fifty feet distant from the westerly line of Portage Avenue, thence southeasterly along a line parallel with and one hundred fifty feet distan* from the westerly line of Portage. Avenue to the intersection of ' the denter line of the first alley west of -Portage Avenue, thence sotdih along the center line of said alley to the intersection of the center line of Pershing Street, thence east along the center line of ,Pershaing Street to a point one hundred fifty feet distant from westerlynline of Portage Avenue measured at right angles with said wester ly line ; thence southeasterly along a line parallel with and one hundred fifty feet distant from the westerly line of Portage Avenue to the intersection of the north line of Bergan Street; thence east along the north line of Bergan Street to the easterly line of Portage Avenue; thence southeasterly along the easterly line of Portage Avenue to the intersection of the south line of Bergan Street produced; thence west along t he south line of Bergan street to a point one hundred fifty feet from the westerly line of portage Avenue ipeasured at right angles with said westerly line; thence southeasterly along a line parallel with and one hundred fifty feet distant from .the westerly line of Portage Avenue to the intersection of the south line of Hamilton Street; thence west along the south line of Hamilton Street .to the place of beginning. And each piece of property in said.district or area above described including abutting property holders and the City of South Bend, if ..the said city is benefited, shall be assessed, as aforesaid, to ray said excess of cost .over and above what would be equivalentto the cost of a local sewer; all of whimh will more fully appear by reference to the profile, map, drawings and specifications now on file in the office of the departmen of Public VIorks of said city, which among other things, give the exact course of said proposed main sewer, overflows, and its appurtenances, and the district or area which may be injuriously or beneficially .affected thereby, as shown by heavy boundary lines marlted on said map and drawings, with proper works and figures thereon, clearly indicating what said heavy boundary lines represent, and the district or area embraced thereby. Assessmen s, if deferred, are to be paid in ten equal annual installments, with interest at. the rate of six per cent per annum. A bond or bonds shall be issued to the contractor in payment for said work unless the rroperty owners pay said assessments before said bond or bonds are `issued. Under no circumstances shall the city of South Bend be, or be held responsible for any ,,sum or sums due from said property owner or owners for said work, or for the collection :. of the same, or for the payment of any bond, bonds, certificate or certificates issued to said contractor in payment f^r such work, except for such moneys as shall have been i. actually received by said city from the assessments for such improvement. All rroeeedings had and work done in the construction. of said main sewer and its appurtenances, manner of assessment of property, collection of assess- ments and issuance of bonds therefor shall be as provided for in an. act of the general. assembly of the State of Indiana, entitled t'An Act concerning Municipal Corporations" approved March 6th. , I905. The estim•-ted cost of said sewer including the cost of the local sewer hereinafter described is $20,028.18. Also Johns on Otreet between Hamilton Street and '�fiil son Avenue: Beginning at the intersection of the center line of Bergan Street with the center line of Johnson street; thence north along the center line of Johnson ';Street to the center line of Pershing Street with a fifteen inch vtLtrified pipe sewer, thence still north along the center line of .J©hn,Qn_. treet to the center line of Wilson Tu. esday , July IOth . , 1928. .venue with a twelve inch (12") vitrified pipe sewer. Also beginning ,at the inter- section of the center- line of Bergan Street with the center line .of Johnson Street; thence south along the center line of Johnson Street to a point 32 feet south of '�thenorth line of Lot 62 in .Jackson's xcroposed sub., with a fifteen inch vitrified !t pipe sewer, thence still south along the center line of Johnson Street to a point j. 35 feet north of the north line of Hamilton Street frith a twelve inch vitrified pipe sewer, together with the necessary manholes, conduits, and house connections to the curb lines -along the line of -said improvement, all as is more particularlt shown and all in accordance with the plans, profiles, detail drawings and specifications on file in the office of the department fif Public . orks of the City of South Pend, i Indiana And said And said sewer, idth all its appurtenances shall be constructed in accordance with the plans, profiles, detail drawings and specifications now on file in the office of the department of Public Works of said City. The cost of said. improvement shall be apportioned against and raid by the property holders whose property abuts thereon, and upon the City of South Bend if the City is benefited by said improvement, all according to the method and rnanner provided for in Act of the General Assembly of the State of Indiana, entitled "An Aet concerning Municipal Corporations," approved I=Tarch 6th. , I905, and in accordance with and pursuant to the provisions of all acts amendatory and supplemental thereto- and such costs shall include incidental costs oceassioned by and incidental to said proposed improvement as provided in an Act of the General Assembly of the State of Indiana, entitled "An Act Un.cerning Public Improvements in Cities and Towns", approved March IOth. , 1927. Assessments, if deferred are to be paid in ten equal installments, with interest at the rate of six per cent per annum. A bond or bonds shall be issued to the contractor in payment for such work, unless the rreperty owners pay said assessments before said bond or b-'nds are issued. Under no circumstances shall the City of South Bend be or be held respon- sible for any sum or sums due from said property owners or ovmers for said work, or for the collection of same, or for the payment of any bond or bonds, certificate or certificates, issued to said contractor in pa-,rment for such work, except such moneys as shall have been actually received by the City from the assessments for such impro- vements, or such moneys as said City is by said above entitled Act required to my. All procee ings had, and work done in the making of said improvement, assessment of property, collections of assessments and issuance of bonds therefor, shall be as ?provided for in said above entitled Acts. The estimated cost of local sewer is ''5,963.84. Notice of this resolutions shall be published on the 13 day of July and on the 20th. , day of July, I928, in the South Bend News Times and ' ribnne. Th .s Board will give a hearing on this resolution at its office in the City Hall at IO :00 A. 1r. , on the 24th. , day f July I928. Adopted this IOth. , day of July 1928. 130ARD OF PUBLIC rIOR?CS JOHN J. OLEM CZAT'_ R a LPH H. KUS S ATT7 STED: HAZEL A. TURNER CL RK ^F THE 'BOARD." V In the matter of Improvement Resolution No.2IO2 for the sewer and pavement in Lincoln Terrace Addition and Improvement Resolution No.2068 for the pavement of Angella Avenue from Leeper Avenue. to east line of Harter HeiMhts Addition, the Board hereby orders that sealed proposals .mill be received, opened and read an to I0:00 A. Y., of the 24th., day of July, I928. The Board further rrders that notices of said proposals shall be published on the I3th., day of July and on the 20th. , day of July 1928, in the South Bend News Times and Tribune according to law. City Engineer, filed primary assessment rolls as follows: Assessment roll for the pavement of College Street from Humbolt 'Itreet to Vassar Avenue under Improvement Resolution No.2029. Assessment roll for the pavement on Brookfield Street from Humboldt Street to Vassar Avenue under Improvement Resolution No.2031. In both of the above named assessment rolls, the Board hereby orders that on_; the, I7th. , day, of July. I928, this Board will meet in- their i ofbptce �:`ij the City 'Mall at' I0:00 A. Y. , to hear and receive remonstrances from all nersons iijhos e propert:Tr has 'been asszes- ed for said improvements and t,iill decide iaLle-her the several lots and parcels of land primarily assessed for said improvements have been benefited in the amounts named on said rolls or in a greater or less sum than that named on said rolls! ~f City Engineer filed primary assessment roll for the` pave- • L� 0 • • Tuesday, July IOth., 1928. • E O C • • ment and sewer improvement on Adams, College and Brookfield Streets from Elwood Avenue to Humboldt Street under Improvement Resolution.No.I976. In the above named assessment roll, the Board: hereby, orders that on the 24t� day of July 1928, this Board will meet in their office in the City Hall at 10:00 A. M. to hear and receive remonstrances from all persons whose property has been assessed �� •_' for said improvement and will decide whether the several lots and, parcels of land {II primarily.- assessed for said improvements have been or will be benefited in the amounts - named on said assessment roll or in a greater or loss sum than that named on said roll. , The Board further orders that notice of said hearing shall be published in the youth {i Bend Mews Times and Tribune on the 13th., day. of July, 1928, according to law. City Engineer filed the following primary assessment rolls: Assessment roll for the pavement on Dorothy Street from south line of Concret Pavement on Priaire Avenue to Ewing Avenue under Improvement Resolution No.20I2. Assessment roll for the pavement on Lafayette Stre-et from Calvert Street to Ewing Avenue under Improvement Resolution No.1988. Assessment roll for the pavement on Chapin Street from Indiana Avenue to Calvert Street under Improvement Resolution No.I97I. In all -of the above named assessment rolls the Board hereby orders that (; , on the I8th. , day o,f July I928, this Board will m eet in their office in the City Hall at 7-I5 P. IT., to hear and receive remonstrances from all persons whose property has .been assessed for said improvements and will decide whether the several lots and parcels !i ' of land . primarily assessed for said improvements have been benefited in the amounts :named on said rolls or in a greater or less sum than that named on said rolls. The Board farther orders that notices of said hearings_, shall be published on the 13th. , day of July and on the I4th. , day of July I928 in the Sout h Bend News Times and Tribune according to law. The Board approved the recommendation of ;7m. F. ^calls for the following change in light location: if Uove the I000 lumen light at the akkey location to the corner of Huron and 11 Tuley Streets and install a 2500 lumen light at the intersection of Huron and Yeade .`streets. This will mean an additional cost to the city of 335.00 per year. +,! The Board adopted the following -resolution: BE IT RyS^LTTED BY THE BO_RD ^F PMT LIC 7ORTS Or MT CITY OF SOUTH BEND IND. i WH7�IRKAS on the I8th. , day of February 1924, a contract was entered into between the Grand drank "estern Railway Company and the._ City of South Bend, whereby the said City did give and grant unto said Railway Company, among other things, the privilege and franchise to secure a new right-of-way thru said City, from a point near Greenlawn Avenue (formerly I8th. , `treet) to a point near its present intersection with the right-of-way of the New York Central Railroad company, and to construct, track and operate a line of double tracelevated railroad on said latered route, and over all intersecting streets and alleys;.and did agree to vacate certain streets and alleys along said route; to open new streets and to pair to said Railway Company certain sums of money, inconsideration of which grant and pr imises on the part of said City the said ailway ompany did agree, among other things, to acquire the right of way between the points aforesaid, and to constacut a line of double track elevated railroad thereon, and uptn the completion of such work to remove its rails, ties _and planking from that portion of Division Street :r:est of the east line of f-lichigan Street, and to '! relinquish its right to longer occupy .the same; and, '1���'REAS,&* the special instance and request of said City negot6at3ons have I� since been entered into between said Grand Trunk Iffestern Railway ompany and !! the New York Central Railroad Company, for_ the use in common by both of said railroad i companies of the right of way of said New fork Centr al Railroad Company, from a point near High. -Street to a point near the -present intersection of the lines of said railroad � companies in said City, which negotiations if carried into effect would involve the further alteration of the proposed route of said Grand Trunk' "lestern Railway Company from Igishawal Avenue to High Street and the abandonment of all of .that part of its { Iroposed altered route between High street and the intersection of the rights of way of said railroad companies; and, �► t7=UT,'sAS, the said railroad companies are in accord concerning the terms of a proposed agreement covering the joint use of the tracks of said New York Central Railroad Company, between the points aforesaid, and the erection and maintenance of a I joint passenger station, and have proposed to enter into a tri-party agreement between !' themselves and the City of South Bend, for the further alteration of the right of way of the Grant Trunk Western Railway Company to -permit a connection of the tracks: of said railway company with those . of the New York Central Railroad Company, at a point near I High Street, the joint use of the New York Central right. of veay by hoth of said j railroad companies from said point of nonnection, to a -point near the present inter- ,I section of the railroads tracks of said companies, and the erection of a union 11 passenger station for the use of both of said railroads; and,. i MI SEAS, in the opinion of this Board such further alteration of route of the Grand. Trunk Vestern Railway.Company, the joint use by said railroad companies of the New York Central right of way between,.the points aforesaid, and the erection of a union passenger station would befor the advantage of the City of South Bend, and- �_0 Tuesday, July IOth I928. iI and the inhabitants thereof; NOW, THER'FORE, RE IT RESOLD that a cunt act in the following form ^ between the Grand Trunk Vestern railway Company, the New York Central railroad Company, an +, and the City of South Bend, be and is hereby approved: l - A"RM TT BETWEEN CITY OF SOUTH BFM, GRAND TRUNK ?BEST+TRN RAILWAY C017PA�3Y AND THE ?Et YORK C^ TRAL RAILROAD CO ?ANY, FOR. FURTHER ALTERATION OF ROUTE OF GRAND TRUNK WESTERN _ RAILWAY COTTPANY FOR JOINT OF Nam' YORK 0E?`TT'ZAL TRACKS. I -USE j THIS AGREE17NT, made and entered into this ISth., day of Yay, I928,l by and between the GRAND TRUNK S 7,MjRN RAILIVIAY COMPANY, a railroad corporation, herein-. . after stoetimes referred to as the "Grand Trunk, THE NE':�� YORK CENTRAT, RAMROAD COT"PANY, a railroad corporation, hereinafter sometimes referred to as the "New York Central, axed:! the CITY OF SOUTH BMTD, a municipal corporation of the State of Indiana, by and through its Board of Public Vorks, 'hereinafter sometimes referred to as the "CITY", 77ITNESSETH: TUAT, 7,M7REAS, since the year I891 the single main track of the Grand Trunk has occupiedand still occupies longitudinally a considerable portion of Division • Street in said City, under a franchise granted to its predecessor, the Peninsula Railway Company; and, 14TH7M S, during the period of such occupation the limits of said. City have been greatly extended, its population maxky times increased, and its business district expanded so that the portion of Division street sooecupied by said track is now partially within said business district, and ptractically in the geographical center' of of said ity; and, �THEREAS, by reason of the growth and developement of said City a s separation of the grades of certain streets and of several railroads running through said City has beenme an imperative necessity, and the City'tas been seeking to formulate a general plan for such grade spearation which would include the re;�oval of the track of said Grand Trunk Railwav Company from that portion of Division Street west of the east line of Fichigan Street, and its relocation along and in close promimity to the right-of-way of the New York Central so that the tracks of both railroad corporations w could be elevated concurrently, and a passenger station erected which could accomodate botbi:zrailroad corporations; and a'�HERE�S, by an Act of the General Assembly of the State of Indiana for the year I92I (being Chapter 9 of the Acts for the said year I92I) , as amended by Chapter I78 of the Acts of the said Assembly for the year I923, it was made lawful for the city of South Bend to enter into a contract with the said Grand Trunk for the aban- donment of its said right of way along Division Street west of the east line of ffiehigan; S Street, the removal. of its tracks therefrom, and the relocation of the same upon_ a private right of way and t-o comp_ ensate said Grand Trunk for the abandonment of said right-of-way; and, T. REJAS, on the I8th. day of r,ebruary I924, under authority of , the bets of the Legislature, aforesaid, a contract was entered into in ,;Viiting by and between the said Grand "Trunk and said City, whereby said City did. give and grant unto said Grand Trunk, among other things, the privilege and franchise to secure a new right of way through said City, "from a point near the intersection of its present right of way with Greenla= Avenue (formerly Eighteenth Street,) to a point near the intersection of its said right of way with that of the New York Central near Arnold Street;, a#d to construction, maintain and operate a line of double track elevated railroad on said altered route, and x over all intersecting streets and alleys; to vacate . certain streets and alleys along said route, to open certain new streets, and did agree to pay - to said Grand Trunk certain sums of money at times therein specifi ed.- and, MIT �JRjJ.AS, in consideration of the premises the said Grand Trunk did agree, among other th_ngs, to aequive the right of way between the points aforesaid, to construct a line of double trac'c elevated railroad thereon, and, upon the completion _ of said elevated.l,ine and the opening thereof to traffic, to remove its rails, ties, and -planking from that -portion of Division Street west of the east line of Illichigan Street, and to relinquish its right to longer occupy the same; and, ra'H zEAS, in pursuance of an Act of the General Assembly of the State of Indiana, approved March I, 1923, Tyroviding for the changing and separation of the grades of streets at the intersection of said streets vTith railroads, the Board of it Public Works of said City adopted on January 29th. , I924, a resoluti on, to change and sep arate the grade crossings of the railroad of the New York Central, and - f certain streets; intersect _ng said railroad in said City, (including the portion of said railroad extend- ing frog a point neat High Street to a point near the present intersection of the lines of said New York Central and sai d Grand Trunk in said City), said resolution being termed Resolution No.4 for Grade Separation; and l • • • Tuesday, July loth. , 1928. it "H+' EAS, said resolution was mod-fi ed and confirmed by said Board of Public ii lorks on the 9th. , day of January 1925, and designed as Yodifisd Resolution No.4 .for !!Grade Separation, and was ratified and approved by the Common ouncil of said City„ on ! the 26th. , day of January 1925; and - {'.rI?ij, EIS, on January 9th. , 1925, a written contract was made and entered into between said New York Central and said City concerning such grade separation; and, it •;'IiTRIT S at the s-pecial instance and request of said City, negotiations ,I have since been entered into between said Grand Trunk and said New York Central for the ,� erection of a joint passenger station, and -the use in common by both of said railroad corporations, of the right-of-way of said New York Central, from a point near High Street to a point near the present intersection of the lines of said railroad corpor- 4 ations in said City, which Negotiations, if carried intoeffect, would involve further ;'alteration of the proposed route of the said Grand Trunk, from Mishawam Avenue to High Street, and the abandonment of all that- part of its proposed altered route `between High it Street and ' the intersection of the rights of wat of said railroad corporations; and °IHET EAS, the perfection of such an arrangement would be of great benefit to the City in that it would- _ (I) Relieve it from the -a a„rment of part of the cost of many subways in the right of way of said brand Trunk, which would thereby► be eliminated; (2) Obviate the necessity of opening of new streets and closing many exist ing streets and alleys, and relieve it of liability for property damages incident theretq; 3 (3) Avoid damage to o many -oroperti es of individuals along and adjacent to said proposed altered route of said Grand Trunk, and those between the rights of way of said two railroad corporations for which no compensation could be awarded; (4) Secure to the general public the benefit of track elevation of both said railroads, by means of one elevated structure instead of two through the most highly developed section of said City; and (5) Secure to the general public the benefit and convenience of a joint passenger station for the accomodation of matrons both of said railroad corporations in said City; and, 7.7' nEAS, said Grand Trunk and said New York Central are in accord eoncernin the terms of a proposed agreement covering the joint use of the tracks of said New York Central between the points aforesaid, and the erection and maintenance of a joint passenger station, which agreement, if carried into of Sect and followed by the abandon - went by the said brand Trunk of its route on Division treet, will result in breaking th " continuity pf its main line: NOW Tu7 'FORE, in order to induce the said Grand Trunk to enter into such ! an agreement with said New York Central, and to surrender and abandon the priiailege and franchise to construct and maintain its tracks and operate its trains over the streets and alleys lying be weep Mishawaka Avenue and the western terminus of its said altered route, on its own independent right of may, as provided in said agreement of February Ist .2 I9249 it is agreed between the -parties hereto as follows: SECTION I. The contract between said Grand Trunk and the City, dated it February I8th. , 1924, known ss Ordinance No.2397n of the ordinances of said aity,is, f. hereby modified in the following respects, and not otherwise:it � • (I) Said Grand Trunk shall secure a new right of way deviating from the ! one described in said agreement, at Mishawaka Avenue, and extending from thence in a southwesterly direction so as to connect with & merge into the right of way, of the said New York Central at or immediately east of High Street, all aqDproximatel.y as shown on ! the map hereto attached, matte a part hereof and marked Exhibit "A". (2) The City will secure for the said Grand Trunk the right to cross, as shown by the general plan, Exxhibit "A", the property of the City on the line of said! : altered route, on both sides of the St. Joseph River, and the park lying between: said it river and High Street, free of cost to the said Grand Trunk. • • (3) The plans, profiles and schedules of _dimensions, clearances, etc., attached hereto amd marked Exhibit "B" and "C", apply to the route of the said Grand Trunk as changed by this agreement. These are general only and will be -governed by the provisions concerning Exhibits "B" and "C" in paragraph twenty one (2I) of the org inal agreement dated February I8th. , I924. it (4) All of the provisions of said agreement reliting to the original route therein described shall govern the changed route, and be binding upon tkxx and -; inure to the benefit of the said Grand Trunk and the said City respecting the same, in so far as they may be applicable and consistent with this agreement. (5) Grade shall be siDparated and subways constructed as the following !i street intersections on the route as altered by this agreement, viz: Harriett Street, Mishawak4 Avenue, North Shore Boulevard, and Une.oln `fay East. The City ! agrees to vacate all other streets and alleys within. the limits of the right df way of i said Grand Trunk along said route, as altered, and to save harmless and indemnify the s !I said Grand Trunk from payment of any and all claims and awards of damages arising out of any such vacation! A subway shall also be constructed at the intersection of Sunnyside 152 Tuesday, July 10tho 1928. Avenue, extended across said right of way, sixty (60) feet in width from abutment to !I abutment,, and having a clearance of fourteen (W feet from top of pavement to underside of subway deck., The cost of improvement by grading, sidewalk, carb;, drainage and pave! ment of and. along that portion of said extended street which lies between a point sixty- five (65) feet northwesterly of the northwesterly line of said right of way, and eighty two and one half (82-1) feet southeasterly of the southeasterly line thereof, shall be %ncluded in, be considered part of and be added to the cost of�aid subway. The Grand Trunk shall assume Ten Thousand (110,600.00) Dollars of the total cost of this subl` way and the City shall nay the balance. Should any other new street or alley be hereaf er opened across saidj; right of way (west of Greenlawn Avenue 3mx:k and east of High Street), or sho-uld.any is existing street (including proposed-Sunnyside Avenue) "`or alley _Be hearafter widened or altered across said right' of way between said streets.-"amd the 1 _.ity-will save harmless Trunk and idemnify the said Grand against and, reimburse" it for all cost &3ffd expense that may be incurred in the construction of overhead corssiugs or subways at all such new streiets, or alleys, and that may be required for the widening or altering of all such now exist ing streets or alleys. (6) In consideration of the covenants of the Grand Trank and of the City herein expressed, and of the covenants of the Grand Trunk in the agreement of even date herwwith between the Grand Trunk and the New York, the 'said New York Central hereby covenants and agrees -t-o and with the said Grand Trunk and the said.- City-, • J (a) to nermit the said Grand T-rink to enjoy the right, as will 'be secured to it by an agreement to be entered into between said railroad corporations, to -perpetually operate its trams upon the tracks of the New York Central between a point near High Street and a pointnearthe presend intersection of Vqe,linesof said railroad corporations, as aforesaid; (b) t#at-it will concurrently with the elevation of.its said tracks erect a union passenger station for said railroad corporations, in the vicinity of the present New York Central station, at a cost, including all station. facilities, of not than ' Seven Hundred Fifty Thousand (7509 000.00) Dollars, and will thereafter perpet- ually permit the joint use thereof by said railroad corporations. Said City agrees that it will at all'times if occasion then -for use its best effort_s to assest the said Grand ;should erer arise, Trunk ii preserving the said rights on said New York Central tracks to the end that said, Grand yrunk may enjoy .the same in perpetuity; but if and when the right of said Grand "rank to so operate its trains on said New York Central tracks shall be legally terminated, or if the same shall !never become effective, then and in either such event, said City shall select. and assign i'to the said Grand Trunk some 0her route satisfactory to it, equally convenient as the :,al' erect route hbreby surrendered and abandoned by said Grand Trunk, the estimated cost of!' I ,;acquiring the right of way over which route thus to be selected. and ssigned shall not libe greatlt in excess of the then estimated cost of acquiring the right of way over the said Altered route hereby surrendered; provided, however,. that in any .such ev.ent said Grand 'j,;Trunk may, at its election, require such route, thus selected and assigned to it,, to be ,'such that it will Mend its right of way one hundred feet in width from the point where iiit will connect with the right of way of the said New York Central near High Street,, undei rropo sect agreement -between said railroad corporations, northweserly..and adjacent to :,,said New York Central right of way where it will coincide with the original altered route;; -of said Grand Trunk following the same from thence westerly to the westerly terminus Irunl;, ,,'thereof; the Grand in such events, may acquire and lay its tracks upon the - right i!of way thus selected and assigned to it, according to the terms and conditions contained in said original agreement dated February ISth., 1924, and as modfied by further,agreemeny 1!:between said Grand Trunk and said City, dated August 11, 1924, relating to Rush- Street ;:and the cost of elevation thereof on whatever route thus 'elected or assi shall be s fined i,apportioned according the laws which may then be in force. (7) 'Subject to the conditions herein contained the 1rovisions of saisaid.it Original agreement respecting the opening of new streets and the vacation of streets ;1 p !land alleys, contained in paragraphs six (6) and.Twenty-two (22) thereof, are hereby liresdinded 1: - and cancelled, and the City -arill pay all costs and expenses already incurred- by.'; 'tit in -proceedings for the opening or vacation of any such streets or alleys. SECTION II. The City further agrees that in consideration _of.additiolal' . 1: ldal advantages w1aich will accrue to the City' from the remkval of the tracks of said Grand �i I;Trunk from Division Street west of the east line of Michigan Street, and the relocation ,and elevation of the same along the route described in this agreement, and.alsoAts jagreements to join with thesaid New York Central in the erection and use of a joint I assenge�r station it will Tay to said Grand Trunk, in addition to the sums stipu lated niated In Taragraph (M) of said Original agreement,, (I) The sum of Two Hundred and Fifty Thousand (250 000.00) as I follows: One hundred and twenty five thousand ,IE5,000.00) when said right of way is purchased and work of construction of its new line in .commenced; One Hundred and Twenty five thousand (�125,000.00) Dollars when the (elevation of said Grand Trunk tracks i a completed and said tracks, ready for conn.ection vvith those of the New York Central, (2) An amount equal to the excess oter i$ 75, 000.00 ,Bollars of the ,total cost chargeable to the New York Central of the se-oar*ation of the grades of Scott it Street and the tracks corssing said Scott Street,, said sum .to be paid when said sepatatidn Tuesd%r, , July IOth. 1928. 153 • • • is • of grades shall have been complet ed (3) Said Grand 'rank and said City shall .,each render to the other monthly bills covering the amount due from either to the other' hereunder, and under said agreem men t date *"ebruary I8th. , 1924, and the party, a ga i.nst whom any vu.ch bill is rendered sh shall pay the same within thirty day of the date of rendi :;ion., the same. to bear interes from date of rendition at the rate of six (6%) percent per annum if not so paid. A right of way over a given parcel of. land shall be deemed to have been. acquired when a valid contract for the purchase of same has been executed between the Grand Trunk and the owner, or an award of appraisers has. been made and filed, and the amount of such award paid into the court-` SE'"TION III. Said Grand trunk shall secure the land necessary for the cha3 d ro 2te described herein on or before August I,I927, and' shall complete the fl construction of its nerw elevated lines of railroad on. or before August Ist. , 1929; ptovided, the same shall not be interfered 'Frith or delayed by. litigation, strikes, riots or other causes beyond it s control; provided further that the Grand trunk s'n.all not be required to surrender and release that part of division street lying of the east line of Michigan Street,. now occupied by is . trac'_�s, until the elevation of the New York Central tracks is completed and the Grand .Trunk- is permitted to connect with saki and operate over same. SECTION IV. The Grand Trunk, having already acquired. certain properties. along the line of it s on final alter2d rout e� -part o f which will be required. by. the City for the widening of le and ellows street, the City.agrees to repay, to the said Grand Trunk the cost of the land thus acquired which is within, the limits of the said streets as proposed to be widened, including as part of such cost reasonable. expenses incident to its acquisition, together with interest and other usual carrying charges until such land is required abd taken over by the City for such purposes. If any portion of such land shall constitute part of a larger tract, then the City will pay to the said Grand -Trunk that portion of the said cost thereof as the area of .the part lying within the limits of the -proposed widened street shall. bear to the area of the whole tract, plus any reasonable expenses of altering. or removing buildings thereon situate. SECTION V. An agreement made between ,the said Grand Trunk and the said City, parties hereto, relative to the closing of Rush Street and the opening of a new Street from Fellows Street to Clinton Streetm is hereby rescinded and cancelled, subject to the contingencies set forth in Clause six (6) of Section One (I) of this agreement. The grade of Rush Street at its intersection with Sample Street shall. con form to the grade of Sample Street and shall rise on an.ascending grade to the _north, three (3) feet in each one hundred (I00) feet. SECTION VI. It is understood and agreed that said contract hertofore made by and between the said City and the said New York. Central, under date of Jen.uary i! 9th. , 1925, and the said Modified Resolution No.4 are not changed by this ..contract, save and except only whe_-e so specifically stated therein. S7CTI0N VII. Wherever the term Grand Trunk Western Railway Uompany or "Grand Trunk" is used in this agreement it shall be held to mean, and the terms and conditions of this agreement shall be binding upon and inure to the benefit. of the said Grand trunk Iffestern Railway Corgpany, its successors and assigns.; and whenever the term New York Central Railroad company gr "New York Centrals' is used in,this agreement it shall beheld to be mean, and shall be binding upon and .inure. to._the. benefit of the said New York Central Railroad Company its sucae�ssors. as.d. assigns. SECTION VIII. This .contract shall not be binding upon the parties hereto until the same shall have been ratified by an ordinance adopted by the Common Council of the City of South Bend, Indiana, nor until the agreement hetween the` "Grand Trunk" and the "New York Central", herein referred to, has been approved, by the Interstate Commerce Commission, if within the jurisdiction of that CommHsion. The ratification of this contract by said Common Council shall constitute its approval and sanction of. all actions and proceedings required herein to be taken by the Board . of Public �iorks for the vacation of streets and alleys, or parts of the same, and the appropriw tion of land which may become necessary in order to carry thisagreement into. effect.. . IN WITNESS !vTq--,REnsr the parties have caused their respective corporate names to be signed and their corporate seals affixed hereto and attested by the hands of their duly authorized officers, on the day and year first above named. GRAND TRUNfC 's'ES^ERN RAILWAY COTM&NY BY S. J. 3ERPOM . ITS PRE SIDMTT ATT �ST'�'D "l. C. T01-MNS ITS SECRETARY. 1175 YORK C a T T'R4L RAILROAD C O?7JUTY BY P. E. CRO':'1LEY ITS PRESIDENT ATT-',STED: F. STEW MSON ITS SECRETARY. �'K F_.' ILJ «Ttgsday, , .July IOt h. , I928 . CITY OF SOUTH BTTD ITTMIANA BY 77. R. HINKLE JOHN J. OLEJHICZAK R .LP_TLT H. TRUSS BOARD OF PUBLIC '-,7OR KS. W i AND, BE IT FURTHER RESOLVED OL'ii D that Wednesday, the 25th. , day of RES July 1928, at 7-30 orclock P. IT., be and it is hereby fixed as the day on which said contract will be finally considered by the Bo' and of Public Works, at the Council Chamber in the City Hall in the City of South Bend, Indiana. BE IT FURTHERRFSOLV-M that the full and complete test of said Vontract shall be published one each week for two consecutive weeks,,at least, one week before the date_ of such hearing, in the South Bend ribune and. the South Bend News Times, and that copies of such contract shall likewise be posted in ten public places in the City of South Bend*" E Bids having been received for the pavement. of the north one- half of Qakwood Blvd., from east line of Portage Avenue _to the west line of Beverley Place under Improvement Resolution No.2077, the Board this IOth., datr of July, 1928, 1 hereby makes a preliminary order for sheet asphalt as the type of pavement with which 1 chid street shall be improved and sets the 24th., daft of July, I9281 as the time when. !` said Board shall either pass on petitions for a change of type of pavement other than i that specified in the preliminary order, award the contract or reject all bids. Meeting adjourned at I2-30 P. Y. Attested: CL.7 _ K OF THE ?30ARD • • U • 0