HomeMy WebLinkAbout04/09/1934 Board of Public Works Minutes2 Tuesday, April_ 3rd. , 1-934.
j The Board approved. claims for various depart -rents in the sum of ��249.29 and.
I hereby or. .e�-s a.:he City Controller to pa T sa-me as soon a. s bossi l_e.
I_eetMF- adjourned at 4 T'.
Attest: &�, --
� !::A �
Se ,r of the Poe rd
IMD7I'.A,Y, AFPTL 9th.. 1934 ■
The _boarC, met in reFuler session at 3 P. '. %vr. Dick Johnson, L'r.
Ralph r. K_uss and r. Anthony ?mudzinski, present. 1_'i.nutes of meeting held April 3rd.,
1934,- read and approved..
The Board approved the rene,: a1 certificete for the street excavation
bond in favor of ralph Sollitt Sons Construction Company in the sum_ of 1,000.00
s,rned by 1ted States Fidelity and C'uaranty Company.
The follolrinr communication wes read. end referred. to City Jnrineer,
VYi lliem S. Yoore :
Anril 7th. , 1.934
Bop rd of Public 'Forks,
City Ppll,
mouth Bend, Tnd ien:a. •
Gentlemen:
!- letter r;-es written last November 27th. , 1933 to the Board of Public
{corks, asking immediate action in rererd to the sheet sever. s-vstem at the intersection
" of I.` i.c hir^n and -wing ---venue and no acti on has been taken ^n d e s I have a heavy invest-
ment, in the street improvements, I should be petting better results am as I am a heavy
'tatpever, I should have a little c ons id.era ti on.
iTad trouble this lest st week '
tieek, i-1 th the over flow of t,ater over the street
curb and es t i-.is is the beginning of the spring reins, I em a siting you egain to give
th-is ,your immedi^te attention. •
Yours Very truly,
_
'emus
2221 South ''ichi pen Street,
Southh P?end, Indian^."
At
the request of" the City Attorney, T. S. Romig, the Secretery of
the
Board asked
the
toarc
irnmibers to inspect the sidel,,elk on the west sine of the
street of north
Laf_azTette
oul_.evard., just norti-, cf Navarre, �! th a vies: of notifying
th.e
property a�Tn.er
to re-ce it or replace same at once.
The
Board
approved Try roll clrnims for verious departments in the sum
of
5,620.13.
1_,369.33.
T'n.e
Loard
approved claims for various departments in the total sum of
At the reoues` o" the I:ayor, the meeting- a djourned to the I,'atTorls office
where G. Fareb la.gh, Attorney `br the 1`_�'eifr York Central e ilrond Company, other repre-
sentatives of the ' eiu York Central Eailroed Company, City Attorney, T. S. Romig, end
others in addition to the Boerd members, were present. •
qTpon the recommendation of City Ai ttorney, I. S. Romig, the Board
signed the follovring contract with the Net, York Central Railroad Company with reference
to the elevation of trocks at Viester--n Avenue and Vv'alnut Street:
3
YOND_A.Y, APRIL 9th . 19234
A. 0RFEL°ENT
TF�" �CR�`'Er:?i'aNT
r , made this daycsf April, 1934, between the NEW PORK
CFN`1'RA.L RATT.R 'D C.C1,71ANY and the CTTV OF SOUTF BEND, INPTANA-, ": LVUYTCIPAL CORPORATION
by and- through its Board. of Public Works:
1'
rn r., c- E IZ :
i
"WI MEAS, on the 3rd., day of January, 1930, the Board of Public ,Yorks of
tre City of South Lend a ptea and placed on file Its grade sep
aration resolution.
No,4, providing for the separation of Ores es of the tracks of the New York_ Central
Railroad Somp«ny at "ivision, Walnut and Cherry Streets; and.
WE AREAS, on the lst day of April 1930, said resolution Yo.5 tiaras modified
by the filing and adopting of Yodified Asolution No.5; and
VEREAS, on the 18th., day of February, 1930, a petition signed by more
that f fifty resident freeholders of tic City of South bend. Was filed, petitioning
the Board of Public Yorks to enter into an agreement with the Kew York Centr=T
Railroad Comprw for division of cost of all work necessary under s,^id grade sep-
arnti on prokect, w ereby the City of south Bend should pay thirty-five percent
(350 of the_ cost of the F ece separation troject contemplated by Asolution No.
5 .as mod if ed , pursuant to Sect ion ' of the Act of the Ceneral Assembly of Indiana ,
approved Y.rch 9, 1927; and
wI 4 s under into of f_pril 11, 1C30, an agreement was entered into be-
tween The Kew York Central hnilrond Compcn7 end tie City of South Lens, Indiana,
for division of the cost of a• l l York necessary unr er said grade separation project;
and
'I' 71AS, said grade sEperatlon project has bot been carried forward for Want
of sufficient funds by the parties hereto; and
"77PE,AS, it is now proposed to complete the separation of the street Prades
• at division end "alnut streets with the ar in t ra cks of The New York Central Railroad
j Company b- contract between said Ai_lroed Company, the State highway Commission of
Indiana and the City of South Bond, provided necessary funds can be "obtained from the
federan government under Me National Industrial Recovery Act; and
i`Whereas, the =Mate 1 i h.-ay Commission is not. willing to assume any expense
for Trade separation at Cherry Street or the construction of a pedestrian subway there-
at; and
t?T TEAS, the Railroad Oompany advised the City that the Rai lroad Company
would require the vacation of Arnold Street from the north line of the main line right
of gray to the south line of the Illinois Division right of way, and also the vacation
of Cherry Street across the main line right of way of the New `fork Central Railroad
before the Rp ilroad. Company ?_; ould execute an agreement with the State Niphway Commiss-
ion anF the City of South Bend for the separation of Fred es at Division and 'Walnut
Streets; and
FE EAS, mod if iec resolutinn Fo.5 of the Poerd of Public Works of. the City
of South Lena, end all proceedings and orc in^races had thereunP er, should be rescinded
in order to permit the completion of tie work contemple ted herein; and i
"7 MAS, on the gay of December, 1933, the Board of Public Works of j
the City of South Lend adopted resolutions numbered 2477 ens: 2478 for the vacation of
• s^id Arnold 'street rnd--Cherr7 Street respectively; and
17 EAS, since the adoption oP spit resolutions remonstrances have been filed
against the closing of spi-d Arnold street Which might delay the execution of the propos �
ed agreement with the State I;iFh ay Commission reletinF to ccnS trVCtion of subway at
Division and "Plnut Streets; and
'iFT;ASI the Rpilroed Comnen7 i. willinF, rith a view to co-operating with
the City of south Bend and the Mate Fi gY-way Commission sion of Tnj iane , to proceed with the
execution and performance of proposed e f reeme nt with the State Yi ghray Commission,
pens i-nF fina 1 action on Resolution ho.2477 for the vacation of said P.rnold `street;
4 07 "fir PEFORE, in consideration of the premises, it is agreed:
FiRST: The City of South Lend, Inc: iane , throuph its Bo--rd. of Public Works,
shall forthwith confirm said resolution Yo.2478 for the va-c?tion of Cherry Street in
said City of South J=eM across the mein line ripit of way of The Kew York Central
Railroad Company in said city; and take all other action necessary to a ccomplish the
leg^l vacetion "f said Cherry street as aforesaid. Provided, howver, the Railroad
Compeny agrees dot to actually close sate Cherry Street to public travel until the
grade separation at Divi-s'on and Walnut Streets has been completed and said. Division
and !-Walnut Streets open for public gavel, except insofar as it mpy be necessary and
incidental to the completion of the trade separation project.
sEcoxD: The Pity of Mouth Lend, through its Board of Public Works and. thro
• its Common Council, shell adopt and pass such resolutions and ordinances as may be nec-
essary to ? eg^11y end completely rescind R& cvncel Yodified Resolution TTo.S of the
Boar? of Public forks of said City, end any and all other proceed.inps and ordinances
thereunder that Tere heretofore pessed in contemplation of the track elevation project
4 T onca_y, April 9th. 1934
as provii.ded. for in said 11od.i.fied Ecsoluti.on T"0.5, ,-,lo ch rescision and cancellation shah
take effect �rhen e. certified executed copy of the contract entered into be tt-een the
Railroad Compeny, the City of mouth Lead end the `state EiFh.rxray Commis -ion of the State
of Indiana, ;providing for the separation of cra.des at I'i_vision and: ieynut Streets as
aforesaid, has been filed with the said. Boerd of Public 16orks.
` TIRD: The 'ity of �'outh -bend afrees to cause the said proposed epreement
with the eta to Highway Commissi on and the Railroad Compeny to be duly executed. pursu-
^nt to order of the Common Council.
FCURTTT: Tiothinr- herein contained shell be (binding upon either party unless
an r Freement , in form substanti a.11 a.s ner copy at I shed hereto, is executed by the
State T'i.FhWeY Commission, the City of youth vend and the TTeti¢� rock ^entral Re ilroad
Compeny for the completion of the work as herein contemplated.
FI_,TTT: The c it of South rend shall a ssilme bear and ray end hold harmless
the rn!'Iroed 'oTnp,ny from. -n11 claims, costs and expenses of every kind. and neture that
ma7= <^rise on e;ccou.nt of chpnFinF the rra'e of any street or ellev in connection with
the co_rnpl-ti on of the i:•rork c ontempleted by t' c Freement be tyrecn the Mete T JFh1 -,gay
Co_rnmissi on oi' Iff, i.en- , the CitlT of Louth tend and the Enilrond pomp^n�,r in foam s,.a.)stan-
tieliv es per copy ,ttc,ed. reto, ear �,e ilroad CorrxaerTTT se?1` <<-ssum ai_1 claims,
costs -ndexpenses of eve-T 'rind :^nd neture -rising from the rrisi.nF of the tracks of
the uailroad Comjrny, ^nr� sh^I_ indemnify an(' -old harmless the City 6f South Lend
there from. 0
T'-ot' ink in t."ic-C-reeirent or in the eFreement betvreen the tote TTiF.hs„ay
Comrr i ssi on of Inc i.^na. end t , e i=Aai lroed 'orgpenv ^nd the City of "outh Lend, copy of
i.:-ri.ch is ettache,, hereto, shel_1_ be construed 2s in ant manner obli eti.n the amity
o-, �)outl mend to vecete ":.rnold �tr-et at eny time.
ITi .TT1 Tr r ,017
+T..e-nar�;ies hove c^i,sed this e� ex
ecut-
ed � �, �1_ i �� �r� rent to be d,,ly exect..t-
ed on the rn Tr r-r Eris t above written
I, E TT. 7 vC)� Fr T. `a '.�.L
per
Cen^ra 1 `;ounc i l�—
SEAL
A G �
,r.-rTTT;T TC -_ C T S
en e nl o i s o..
193� ,OzT ^ rr bet- een thc t.^te of in`i one, �ert�r o- the First Pert, herein?fter some
times called tine "State", end the %,ear York Centrel Railroed Comp^n'r as Party of the
Second Part, herein' fter sometimes c^17_cd tre "Railroed Conn nVr' and the city of
South end, r municipal co_ -gore t ion, b,:r r nd t' ,,°ouvh its _:oerd of Puhli c Y'=orks, as Party
of the Third Pert, here tea_ some in e e tr: "Cit =" I1'TT SLTT?:
i_r . t= r t. i s call d e �,
':TT LAS, on the litb , f,ezT of r-pril, 1930, the Te ilroad '�me opanv n the City
entered into n apreemient providing emon.- other tT inps for the separation of Fredes at
the crossing pf the I. --pin line of the r^ilr_ oed comp-=� :nv -T,i tr Division Street (no�knoTrrn
as Western Avenue) - nd �_alrut Street in ^mouth Lend, by reising the prede of the reilroad,
by depressing iivision Street and depressi.n� end relocating 'alnut Street end by con-
strricti.ng a new .reilroad bridre to carry the reilroed over s"id Division Street Pad -al-
nut Street, snd
Ni-T-EAS, pursuant to seic eFreement the neilroed Company prepares: plans for
the said proposed railrord bri_dpe end received competitive bids for and purchased the
fabricated structural steel for seid br i dpe, end
TTT
E _:,AS, pursuant to said agreement the Cit T -prep--red certain plans and. acquir
ed certain rights of gray for the improvement of Division Street end :Walnut Street, and
e1FEMEAS, because of financial conditions ?- evonp t'le con trol of t"_e parties
hereto, said Railroad Compenv and City have been unable to secure funds with w1rich to
comnlete1v carry out the terms of spi 7.sgreement of April 11, 1930, with respect to said
crossi_ np, end
,71T PEAS, seid E-i.vision Street, now known es estern Avenue, at the point
,*ere it crosses seid reilroad is a part of the route of State Aoed _--o.2, and on the
reasonable end groper extension of Indiana_ Federal Air, T'oute thru Louth Bend, and
1., TTPME!-'_S, under t'-.:e terms of the 1,ationel Ind-ustri_al necovery Act of June 16,
1933 end tl,e Eules and :Iiepuletions approved. thereunder by t ,,.e Special .hoard. for Public
Forks, cert^in funr:' s are availeble to the State under certain conditions for the impro-
vement of extensi ons of the TFPd.e °a1Air hi rh.rray system into nd thx°ough municipalities,
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1=ond ay, ^.pril 9th. , 1934
and ,
WIT-7 EAS, under Sec. 27 of Chapter 18 of tl-e Picts of 1933 Ceneral Assembly of
the Stste of Inch iane. entitled: "An Act Creating a St to Fiph-w y vommissi on, etc. ,t
the St.^te ay won -mission is Putl.orized to '" oopere.te 4rith the United State Govern-
ment under any federal law in any m,?nr?er necessary to secure for tree Ste to of Ind iena
the proporti on of ..^ny federal mrpropri_etion Vrhich mpy be mnde in the future", and
{'AS, the :;tote desires to construct snip: railroad bride, street approach-
es, end the dreinpe thcreof vTlth R'ptionel Recovery Fir.hwayT Funds <:nd h,-:.s submitted
this T)ro feet as - pert of its p ropram of l ational Eecovery 1'unicipal Projects under
s^ir G` tional_-ncustrial '--ecoveryT -',ct o.`° Juno 1(-I, 1933, now
PT? TOE, in COnslCderatlOn of t` e mutual provisions contained. hbrein,
the arties hereto for the pL?rpose of separatinggrades at t?e sexd crossi_n{ of the
rr^fin. lire of t,_e 2.et'7 York Centra �hilroad V i t.- Westernrevenue r�nn ,phut street, in
Soutr Derr, hereby ag7ree it` each other as 'ollows:
1. The State a P•rees to su"•mi.t to the proper _1 ed erol Authorities a.. l necessa
project statements, plans, sr,ecificetions ^nd other -papers ^nd to diligently end.ea.vor
to o'rte-.in 11 neccsse-ry i'edez•a! spproval thereon, for +he construction oT tl;I , Fr^de
separeti on , i th 'rational uecoverr T xrr� ayr un s, a? loci ed to the ' tete. The j ailroad
�ompeny anl. the amity nrree to cooperate : itenc' ^ssist the Mate in every reasonable
Tray to accomplish these t+7inF-s.
11. in the event that a 11_ r.ecessery ''edera! e Pnrovals ^re secured wit _in.
one j.Teer from the date ereof then the r,erties ^Free that the sf.id grade separation
shell r.e construe tad as hereinafter set out , but in the event that st?_ch approvals are
not secured ith n one f ar, then this Ppreement shall be of no force and effect.
If -and ;,Then thi s p preement becomes fully operative and effective it shall supersede
and replace or modify all portions of the aforementioned. ^greement of April llth.,
1930 with which it is in conflict, but only to the extent of such conflict.
111. The work shall ,�e subject to all Federal laws, rules, regulations,
orders and approvals applyin[ to it as a EIntional Recovery A:'"unicipal Froiect.
lid. The work included in end coverer; byT this PC--reement shell consist of
end include,
(a) Rnisin the track of the railroad company at the center line of
+estern ;_venue bd ^pproximately 4.96 feet, and. all work incidental
V-3e1eto including ^nv necessary raise in the trecks of tL.e Yew
ersey, indiane enc Illinois=iailrosd_ Company, anc' of the New York
Central. Railroad. Company's cony-ectinp trect to the T:ichipan
^entirl iailroed.
(b) Cons tructin�- e five tre ek br i.dpe to cP rryT the rn i.lroe d over
Ulestern Avenue end alnut Street .
(c) ,idenin and reconstructi_nr• ``++estern Avenue from Kosciusko btreet
to T' eple Street end rai. s i_n _- este rn Avenue at its crossing of the
i`-ev! Jersey, Ind ;one ens: Illinois rtailroa.c ^nd_ of the New Fork
Central='ailrond. Comnanv's conneetinF trnick to the ichi an
Central {,? boar? f-n(7 enressinp sf ?d Viestern. Avenue to pass unc er
the r,.roposed ra ilroe d br idpe ith n minimum vertical clearance of
14 feet, inclu; inp pevinr-, curbs, retaining' V-ells, siceVialks,
stairVTays, hencrails, sewers, gains, and all 1,:Ork incidental
thereto.
(d)-Relocntinr~ anc `epress'np ::alnut Street end reconstructing same
from the second elley south of WestiE.,rn Avenue to the second ^lley
north of =estern Avenue e.-Tic= ell work incidental thereto.
T. The State shall pay -tee entir- contract cost of the re-ilroed bride,
incluc ink• the actual contract cost of steel orkeretofore purchased, the contract
cost of the temporary structures end flasework involvedtherein, tl-e entire construction
cost of reconstructing Western Avenue from Yosciusko Street to i<°aple an of reconstruct-
inF +yelnut Street from the seconc alle,T lout'-- of _es -ern Avenue to t e second alley
north of 'i estern ''_Venue including street anc alley connections, such cost to include
the cost of pavement, curbs, sir'.e elks, reteinin Valls, 'nand rails, stairV?ysI drainage
and of incidental items involved t I rein, inclur - nF ch^nFe s in sewers directly me de
necessary by such construction and tl?.e purc'_-a_se cost of fillin,- materiel and ballast
required to raise tl-!e roil_road, such m-terial to be delivered on cars at some reasonable
point on ti-e line of the leilroed Company.
VIL. The na i I r o a d Comp,-ny sti:ell n - all the cost of transporting over lines
one °ated ,'T it incluCinp clemurrepe Pnd storer-e rnd all the cost of pl=cinp= filling
it^teri.el anc' b !last to raise its trecks, all the cost of temporary- and permanent
chenFes in the treats, switches, Tires, sip-nels, crossings arnc other eppurtenences,
bunildipptthe _railroad con?peny except ss spccificad_ly set out in Article
V he reof .
nonda y, April 9 th . , 1934
Vll. The City shall, without; cost to the other parties, arrange for all
the right o_f way, easements and property rights required for the proposed reconstructio
of Western Avenue and the relocation and reconstruction of Walnut Street provided for
hereinavd except as herein ptrerwise provided shall also, without cost to the other
parties he_retor arrange for any necessary changes in or adjustment of publicly or pri-
vately ownef utilities or other property .required for or made necessary by the proposed
changes in said, streets.
Vill. The City agrees, without cost to the State, to arrange for any recon-
struction and/or vacation of Arnold Street and of Cherry .Street and of any other
streets, alleys or other public property made necessary by the change in grade of the
railroad and/or the change in grade of location of Western Avenue and balnut Street.
The lity also agrees, without cost to the other parties hereto, to install or arrange
for the installation, maintenance, and operation of proper and adequate automatic
traffic control lights to protect traffic on Western Avenue and Aaln.ut :streets at their
inter•section, such lights to be so located as not to encros.eh upon or reduce the
traffic clearances of the streets or underpass.
1X. Each of the parties hereto shell pay all of the cost of inspection,
engineering, supervision, accounting, a dministra Lion, watching, paving, track work,
changes in wires, signelb and other eppurtenances and of incidental items incurred by
each respectively, except that the State shall pay to the Railroad Company the sum of
Seven Thousand 07 , 000.0-0) dollars as a partial reimbursement for the cost of in-
spection, engineering, track work and changes in wires and signals upon submission of
itemized statements of such disbursements aggregating a sum equal to or greater than
Y , 000.00.
X. The Ra.i.lroad Company shall initiate, handle and in the first instance
pay for the raising of its tracks, the construction of the railroad bridge, the exca-
vation incidental thereto, the water-probfinF of said bridge anc for the trick work
involved thereim, including construction and removal of any necessary crossovers, and
detour or construction track temporary bridges and/or track supports, and ell other
wgrk described in Artile 1V (a) hereof . 01 work to be charged to the State hereunder
shall be let by contract to a contractor or contractors who has adequate enuipment,
orgnnizati on, and finances for the work and who has previously constructed railroad
bridges, subway or trackeelevation work of equal or larger size involving the mainten-
ance of main line railroad traffic during such construction. The specifications for
all such contracts shell include the standard special_ provisions relating to hours,
wppes, methods of :pork and other matters whic'r have been approved for Eptionsl Recovery
P.i£•h ay Projects in Indiana. Before bids shall be invited on any such contracts,
complete plans, specifications, Pnd forms of invitation, advertisement, proposal and
contract therefor shall, lave been completed by the railroad company and approved by the
City and the State end submitted by the State to the district engineer of the U. S.
Bureau of Public Roads and hy him formally recommended for approval. For each such
contract the railroad compo ry shall then give notice by at least one pug licat i_on in
two newspapers of feneral circulation throughout the State of Ins' Tana , and in two news
papers representing the parties casting the highest and next highest vote in the bounty
of St. Joseph, Indiana, of r-ener=l circulation in the county that on r date and hour
and a place in lnfiena to be named in the notice, sealed bids will be received by the
reilrond compeny for the work described therein. Epch such notice shill be published
at least ten days before the date named therein. Cn the date any' at the time and
place nem& in t _e notice suct bids shall ^e publicly opened end read. The ka:ilroad
Company shall award suc4 contract to tKe lowest and test bidder but shall not execute
any contract or start work thereunder until such a7ard shall have been approved by the
State, and submitted by it to the district engineer of tV e 7. S. Eureau of Public Roads
and he has concurred in suc' aT and .
Xl. The State shall initiate. handle anc pay for all work described_ in
Article 1V (c) 1V (d) and V, except as herein otrerv:ise provided. Plans and specifi-
cations therefor s ,a ll be prepared by the State and approved. 07 the Railroad Company
and the City as their respective interests may appear, before contracts are let or
work started thereon.
Xll. The railroad Company shall keep complete records of the cost of ell
contra ct work done, in the prosecution of the portions of the work to be performed by
it^nd shall render monthly statements of disbursements on account of suer_ work to the
State, together with bills for its proper proportion thereof, which shall be paid with
in sixty days, provided however that fifty percent of the cost of steel work shall be
chargeable to the State when it is Celiverec to the site of the work and the balance
when it is incorporated in the work. Each pe rty to this agreement shall submit
to the other parties on request, such infor_mption a:, their may require concerning the
cost end ether details of the work.
Xlll. The parties hereto a�r��ree that in me"inn or entering into any contract
with any contractor or contractors covering any portions of the work herein contemplat-
ed, such contract shall provide that such contractor or contractors shpll furnish a
bond conditioned, to secure the faithful performance of such contract, and for the
ppyment of_ all lawful claims of sub -contractors, mnt-rials men and laborers for labor
performed and materials furnished, or -other services .rendered in the carrying forward,
performing and completing of said contract ( said bond to be for thn benefit of any
material man or laborer having a just claim ^g.=inst such coatTector or sub -contractor),
snc to indemnify and save harmless the Pailroed Company, its tenants end lincensees, th
City and the State, and the officers, agents end employes thereof, from all loss, cost,
expense suits, claims or demands of any character that may arise from or grow out of
the performance of such contract on account of injuries to person or damage to :property
or for try infringement of petents, trade marks or copyrigpts, and all claims arising,
or amounts recovered under the horkmen's uompenrati.on Aaw or und=r any other lays,
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Youlay, April 9th. , 1934
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by-laws, orders, ordinances or decrees. And it is further agreed that such contr-ctor
or contrpctots, wub-contractor or subcontrpctors shall furnish certificates of issuance
of public liability and Workmen's Comoensntion insurance fortheprotection of the
Railroad Company, its tenants and licensees, the City end the State and the officers,
agents and employes thereof. Said bond, certifibntes of issuance of public liability
rqd Torkmpnls Compensation insurance shell be in form, companies and Pnounts setisfac-
tory to the -State, the `'railroad Company and the City. Said bond shall be in the prin-
cipel stm of not less than one and: one-half Aj) times the amount of said contract
price.
XIV. Each of the parties hereto agree to co-operate with the others in every
reasonable way for the prompt P0 safe execution of the work an: to proceed with the,
portion of the work, to be done by the7 as soon as practicable after necessary Federal
Ppprovp Is are secured P nd to complete P 11 r ork in accordance with the terms of this
Fpreement as soon as practicable.
XV. The 6ity rFrees to ppy rny end P11 dare -rape s that may accrue to property
ownersrandoccassioned by spid improvement P& to held the State of TnOipnp and the
State Fiphway Conrission of Inoirnp, free anf harmless therefron.
XV1.' After the construction of such Fre5e seperption Ps herein provided for
shell hove been completed, the railroad Company shell at its own cost Pnd expense main
tPin its roadway and track, the structures rupportinp the some and the drainage therm
and the City shall without cost to the other parties hereto mrintpin or arrange for
the mointenrnce of the streets, including' the rondreys and foot walks, the structures
supporting the same and the froinnpe thereof, end of sHitary sewers Pffected by the
cons tru ct ion.
XV11. The city Ngrees an& pledges its Food faith to institute and dilipently
peosecute all necessary and proper proceedings for the opening and adequate improve-
ment of Western Avenue from Yichigan Street to Lincoln Way East.
This agreement shall he hindinp upon the legal representatives and assigns of t
the respective parties hereto.
TFF YET YORK CEUTRAL FATIRCAD CO.
BY
Party of Second Part
Attest:
CITY OF SOUTF EEND
BY
TIC' STIT? Cr TYPIANTA.
Chairman, Mate Fighway Comm
sion
Party of First Part.
APPROVED AS TO TFGATTTV & FOP1.,T
Philip Lutz Jr.
orney General, State of India
Board
of Public Works
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Party
of Third Part
ACTTn`7(_', 7. 1 E D C E, I TE I T
Stat e of Ind ia na
County
of Marion) ss
Personally Pp-pe �re�
he fore no, a notery public in and for se id County
Chairman
of the `Mate FiphTny Commission of Indiana, end acknowleQ
ed the
execution of the Phove contract this 07 of 1934.
litness my henG an&
seal on the Pbove npmef last date.
commission exYres
Notary Public
0
Q T+�.onday A-Dri 1 9th . , 1934
'TlgT ijLEBCET 'NT
STATE OF )
rOUYTY OF
) ss
I On t" is day of , 1934. appeered before me, notary .
public in - . for said County, being duly sworn
did sezT the t he is the o_f the I`,iew York Central Re i lroad
Company, P corporation of t'e States of
end th^.t the see], affixed to the foregoing •
cont.r-^ et is the corporate see1_ of the sni c corporation., end that said: contract was
si_ fined ^nr sealed. on behelf of seid corpor^ t,ion by <euth.ority of its BoPrC of Directors
and that -he ecknowledged the s ame to be the free act and deed of the said The , ew York
Centre l l „i lroad (Dom-na ny. Y
Notery Public
I,-r Commis si on exp i_res
/.CKT70'x'I.EpC 'r, —IET?T •
S to t e o-r' )
ss
County of )
On this day of
1934, .ep?oeFred. before me, e, notary
public, in and for saic County,
who being
by
me duly sworn, did: tay that he is the
of
The New York Centre 1 i�eilroed Company a
corporation of the States of
an c th - t th e se,-1 - f f fixed
to
the foregoinp contract is the corporate
seal of the said corporation, am that said
contract gyres sip-ned ^nd sealed. on bFralf of
sFA(d corporation bjT Put' ority of its 1--5oerd
•
of
T irectors, and thpt e ackno- ]-edged. the
sr -re to ',-e the free act end deed of the said.
The
ATer, York Central ua ilroe d Comra ny.
Notery Public
TCy
co3rr7ission expires
ACI�TTO` L.'_DC T_ ITT
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Stet e of Ind tone )
)ss
Count7r of St. Toseph)
Person l ly eppe gyred be fore me, e n ^tern.' public 7. n a nr for sei d County,
Dick Tohnson, <alph IT. I:uss and 1'-nthony Zmadzi_nsR:i, renrbers of the Board of Public
forks of t' e i. t � of » ' ei^d, end; ana , r r a ckno ,,ledved the executi on ofthe gb"_ve
contract t` is da ;T of 1934.
Witness my hend end seal on the above last named date. ij •
Ftotary rublic
comrAssi.on e-,aires
l eetin{ adjourned at 0-30 P. 'i:_.
Att st
Jecy
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