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HomeMy WebLinkAbout06/08/1939 Board of Public Works Special Meeting Minutes46 SPECIAL MEETING--JUNE S, 1939 n U 11 9 • 0 • A special meeting of the Board of. Public Works and Safety was called by all members on the Sth dayo f June, 1939, at 3:00 P.M. for the purpose of meeting with Mr. R.R.Smith .eeeiver of the Northern Indiana Railway, Inc. relative to entering into certain contract for the operatnn of motor bus lines over South Michigan Street, East Jefferson Street, South Eddy Street and Mishawaka Avenue, and the following resolution was adopted by the Board: WHEREAS, the Board of Public Works and Safety of the city of South Bend, Indiana, desires to enter into a contract giving the right to Mr. R. R. Smith, Receiver of Northern Indiana Railway, Inc., Northern Indiana Railway, Inc. or their successors and assigns, to maintain and operate a motor bus line for hire along certain streets in the city of South Bend, and said Board of Public (forks and Safety has determined the exact form in which said contract is to be finally adopted unless amended after public hearing which form is in words and figures as follows: "This Agreement made and entered into this day of June, 1939, by and between the City of South Bend, Indiana, by and through its Board of Public Works and Safety, hereinafter called the first party and the Northern Indiana Railway, Inc., a corporation organized under the laws of the State of Indiana, and Raymond R. Smith,_Receiver of said Northern Indiana Railway, Inc., their successors and assigns, hereinafter,called parties of the second part, WITNESSETH: "THAT WHEREAS, the parties of the second part now have -and own an indetermin- ate -permit to perate as a part of their street railway system in said City of SouthBend, a local street car service for the carriage of passengers for hire over the following route, viz: "On Michigan Street from the intersection -with Broadway Street .south to its intersection with Oakside Street; and said parties of the second part now have street railway tracks laid in said street and are operating street cars over the same and along said route for the carriage of passengers for hire, and have the indeterminate right to continue to operate street cars over and upon said street. "THAT WHEREAS, the parties of the second part now have m d own an indeter- minate permit to operate, as a part of their street railway system in said City of South Bend, a local street car service for the carriage of passengers for hire over the following route, viz: "From Jefferson Boulevard and Michigan Street East on Jefferson Boule- to Eddy Street, south o nEddy Street to Mishawaka Avenue and East on Mishawaka Avenue to the city limits of South Bend. and said parties of the second part now have street railway tracks laid in said street and are operating street cars over the same and along said route for the carriage of passengers for hire, and have the indeterminate right to continue to operate street cars over and upon said street; "AND WHEREAS, the State Highway commission of Indiana is about to relay the pavement on Michigan Street from Broadway Street South and the party of the first part has requested the parties of the second part to remove their said street railway tracks from said street on the route above described; and has requested them in place of said service to install and operate auto- mobile or motor busses for the carriage of passengers for hire, and said parties of the second part are willing to comply with said requests in con- sideration that said City grants to them the right to operate motor busses over the streets below described and into the same general territory for the carriage of passengers for hire. "AND WHEREAS, the City of South Bend, Indiana is about to relay the pave- ment on Jefferson Boulevard from the bridge over St. Joseph River to Eddy Street and the party of the first part has requested the parties of the second part -to remove their street railway tracks from said street between said points; and has requested them in place of said service to install and operate automo- bile or motor buses for the carriage of passengers for hire, and said parties of the second part are willing to comply with said requests in consideration that said Cites grants to them the right to(perate motor buses over the streets below described and into the same general territory for the carriage of passengers for hire. "THEREFORE, consent, permission and authority are hereby granted and given by the party of the first part, to and v ested in the parties of the second part, their successors and assigns, subject to the conditions hereinafter specified, to operate vehicles, commcnly known as motor busses, for the purpose of carrying passengers for hire, from July 1, 1939 over the following routes in said City of South Bend, to -wit. - "Beginning at the corner of Michigan Street and Washington Avenue; _thence nest to main Street; thence south to Jefferson Boulevard; thence East on Jefferson Boulevard to Michigan Street; thence south on Michigan Street to Woodside Street; thence East onWood- side S reet to Fellows Street; thence South on Fellows Street to Donmoytr Street; thence West on Donmoyer Street to Michigan Street; thence north to the place of beginning. Im "And also, beginning at the Corner of Michigan Street and Washington Avenue; thence south on Michigan Street to.Jefferson Boulevard; . thence east on Jefferson Boulevard to Eddy Street; thence south on Eddy Street to ,Mishawaka aenues thence East on Mishawaka Avenue to the city limits of South Bend, returning over the same route to the Junction of Jefferson Boulevard and Lincoln Way East; thence over Lincoln Way East and Washington Avenue to the place of -beginning. "The said second parties agree to operate motor busses daily over said routes with a regular time schedule, adequate to the convenience and necessity of the users of said service, at the same rate of fare now being charged by the parties of the second part on other motor bus routes in said city, to -wit, a ten cent cash fare, and three tokens for twenty-five cents (each token giving a passenger the right to one ride or trip on a bus), together with the right of one transfer to either street cars or other busses operates by the parties of the second part. The party of the first part further grants the right to the parties of the second part to erect and maintain suitable signs along said streets and routes, advertising its stops and schedules, w1.ich right shall be subject to reasonable regulation by the Board of Public Works and Safety of said city. It further grants to the parties of the second part the right, until such time as said improvement is completed, to perate its aaid motor busses over such streets and avenues of said City as they may select and which lead into the same general sections of the city as are now served,.by said street car line. "It is -understood that in the removal of said railway track on Michigan. Street from Broadway Street south that the party of the first part shallremove all the rails and ties from such street and may sell the same without accounting to the parties of the second Dart, or either of them for the sale proceeds; how- ever, -the parties of the second part shall remove the overhead wires and poles, to which property it retains title and ownership. "It is understood that in the removal of said railway tracks on Jefferson .Boulevard, on Eddy Street and on Mishawaka Avenue that the party of the first part shall remove all the rails and ties from said street and may sell the same without accounting to the parties of the second part, or either of them for the sale proceeds; however, the parties of the second part shall remove the overhead wires and poles, to which property it retains title and ownership. "It is understood that the parties of the second part will not be able to acquire motor busses with which to provide the bus service above -described until six weeks after the signing and ratification of this agreement. "It is further understood between the parties hereto that the parties of the second part shall continue the operation of its Notre Dame Avenue car line over a single track from the corner of Hill Street and Jefferson Boulevard con- structed so as to connect with the present double track over the S4.. Joseph River Bridge on Jefferson Boulevard. "It is further understood and agreed between the parties hereto that on other street railway lines as now existing in the City of South Bend this same form of contract shall govern the substitution of motor bus service for service by elec- tric street railway cars, when and as made, "The parties hereto further agree that this contract shall not be binding and effective until and unless the same is approved by ordinance 62 the Common Council of said City, and by order of the St. Joseph Circuit Court. "That upon the final and complete execution and approval of this contract as aforesaid and after August 15, 1939, the party of the first part shall have the right to remove any or all of the railway rails,, ties and property now placed or contained in the street pavement along said route, and it shall have a right to use, dispose of or sell all of said rails, ties and property. The parties of the second part.shall not be required to remove any of said rails, ties or property in the pavement; provided, however, that said property shall not be removed, nor shall said permits or franchises be cancel3e d, if or while any citizens or inteimted person shall contest the validity of this contract or of any of the permits, franchises or privileges herein granted by the party of the first part to the parties of the second part. "IN WITNESS 'NHEREOF, the first party has hereunto signed by the members of its Board of Public Works and party, Northern Indiana Railway, Inc. by its President Receiver has also affirmed his name. UTH BEND, INDIANA CITY OF s caused its name to be Safety, and the second and Secretary and said c aor NORTHERN INDIANA RAILWAY, INC. By ATTF, / �1 Its President y • 0 • • 7 0 • 467 ' SPECIAL MEETING--JUNE 8, 1939--Continued NOW, THEREFORE,, BE -IT -RESOLVED.. -that pursuant to the statutes of Indiana in such cases made and provided, said Board of Public Works and Safety does now affix the time at which said contract shall be finally adopted as the 26th day of June, 1939, at the hour of 10.:00 A.M. at the office of the Board of Public Works and Safety at the City Hall in the city of South Bend, Indiana, at which time and place'a public hearing shall be had, and any taxpaver in the city may appear and file protest against any or all of the p ovisions of said contract; BE I FURTI-MR RESOLVED That Raymond R. Smith Receiver for the Northern Indiana B T T ym , Railway, Inc., at their own expense, shall cause a full and complete text of said con- tract to be published as required by law with notice of the time and place of said hearing in the South Bend Tribune, a newspaper of general circuilation printed in the English`s°language in the city of South Bead, Indiana; said notice to be published once at least one week prior to June 26, 1939, and said R. H. Smith, Receiver of Northern Indiana Railway, Inc. and Northern Indiana Railway, Inc. shall likewise past a copy of said contract and notice of said time and place of said hearing in ten public places in the city of South Bend, Indiana. Adopted this 8th day of June, 1939. 1", purpose of the meeting Having been accomplished, the meeting was adjourned. r 0 ATTE QARD OF BLIC WORKS 1k�TD o_ CL MEETING--JUNE 19, 1939 • Regular meeting of the Board of Public Works was held on Monday, June 19, 1939, at 9:00 A.M. All members were present. Minutes of the previous meeting were read and ap- proved. Payrolls of the various departments in the amount of $6,421.56 and claims of the following suppliers in the amount of 7,.956.65 were apir oved and ordered paid: The Gibson Company 34.18 A. W. Davis 86.41 Indiana Bell Telephone Co. 205.88 Voorhees-Jontz Lbr. Co. 16.04 Indiana Bell Telephone Co. 25.36 Business Systems, Inc. 3.50 Indiana & Michigan Elec. Co. 68.37 If If it 3.82 if it If If It 7347.52 If If it 84 If a It It If 18.82 it tt If 1.46 The Office Engineers, Inc. 3.00 Firestone Auto Supply & Sertrice 27.00 • Railway Express, Inc. 1.46 Kaylor Holman Co. 33.70 Acme Radiator Co. 2.00 Edwards Iron Works, Inc. 4.66 J.C. Lauber & Co. 25.10 South Bend Clean Towel Service 3.65 If It It If 3.75 It If Sand & Gravel Corp. 10.80 Scherman-Schaus-Freeman Co. .90 If if Clean Towel Service 1.2 5 It It it If 6.78 Peterson Batty. & Ignition Co. 2.25 It If If it 12.52 South Bend Dowel Works 3.60 Business Systems, Inc. 2.03 The following claims of the respective suppliers in the amoun t of $32.11 to b e paid from either the Special W.P.A. Fund or Street Department I-10 (W.P.A.) Account w er approved and ordered paid: The Gibson Company .84 Indiana Bell Telephone Co. 6.00 Barco Mfg. Co. 11.32 E. R. Newland Company 13.95 This being the date set for public hearing of a proposed contract between the City of South Bend and the Chicago, South Shore and South Bend Railroad for authority to construct a spur track crossing the westerly and of an alley north of and parallel to Colfax Avenue at its intersection with the southerly end of LaSalle Court, and Chicago, South Shore andSouth Bend Railroad having filed proof of publication of notice of said hearing in the South Bend Tribune on the lst day of June and the South Bend Mirror on the 2nd day of June, 1939, and having filed further proof of posting of said notice in tan public places in the city of SouthBend on the 2nd day of June, 1939, and the matter • now being set for hearing and no citizens appearing and no`remonstraces having been filed against any provisions of said contract, it is now moved, seconded and duly carrie that said contract be entered into in the form proposed on the 29th day of May, 1939, all as per f orm of resolut2on adopted this day and made a part of these minutest