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HomeMy WebLinkAbout03/10/1919 Board of Public Works Special Meeting Minutes481 Board met in special session at 10: 00 A.M. All members present. City Attorney T.. W. Slick_ present.. The matter of an ordinance repeal ih8 Ord inned :•no. . 1886 passed by the Common C oyndil May 28th. ,1917 entitled au Ordinance transferring part -of Ewing Avenue over the -Park Beadd, was discussed and new ordiance drawn to repeal above ordinance and submitted to the, Common Council. Also communication, A GREE1IF'NT BE 1 E. N CITY OF SOUTH FEND INDIANA "D C ICI CAls0 , SOUTH BEND & NORTHERN INDIALTA RAILWAY COMPATTY. 'This` iiade' `s-iid' executed in dUDliCatz an this 10th. day of March 1y19, ,by P.nd` bet` een: `�th:e' 'C-iVy° ° f° SbWth Be`Y�d ,. Indiana by and through its Board of Public Tor s, du y apthoedzed. -in the premises,, and the CRICAG6, SOUTH BEND & NORTRERN INDIANA RAILWAY: COMPANY,, 8, porpflration_ authorized under the laws of the State of Indiana, Whereas.. unua,r. the prov is ions of ;the contract ordinance numbered 1370 of the the City of South Bend and ordinances amenda4ery thereof and suppl,°mental thereto, said railway Company and its predecessor, °in,° title was authorized' and empowered to "a4traQt and extend its tracks. witli all. nrcessar . curves � sidetracks, turnouts Y's, itches and quipment from the intersection of Sa,mpic Street and Chpa,in Street, ttance munnina!vest on Union Street to Dun.harr Street' 'in� aalti" City, and use and operate same for s-,reet railway purposes; And, Whereas , under the terms of said contract ordinance and ordinan ces a 'datory thereof !arid supplemental thereto, a line of stre:©t ra '1�ray was constructed along; and upon said designated route, and is now maintained and Operated by said Railway Company, And, Whereas, said Union Street is now called and here inaifter referred to as Walnut Street And, Whereas, the said C`i° ' of S°outli Beni through its Board of Public Works desires and intends to pave San-olo Street. from Walnut. Street, to Olive Street :and desires ,said Rally A. ay. Comnh-ay to rerove th portion of i s said line now loca to On wad ut treat between saic�- Sample Street and rolacate- and. re -lay same upon said Sample Stree� be ween Walnut Streae% and Kesc iuszko Street: ° NoV ,.Thaerefore IT IS AGREED: Sect iron° Onet hat� said Company is hereby requested authorized and empowered to take urn Atas° °��racks- and equipment now located in said Walnut Street between Sample Street and Dunham; treetq .apd, abpmcion service on said Walnut Street between said designated ;paints, and is Fherehy autherized and Em owered to rep -locate said trucks and uip,nent on said Sa le. S#,reet• betw.een< said WalAu� Street and Kesciva�ko Street, and open a e same as an aextensslon 9nd part of its Sample Street line and railway system. °Seet`ioh'TWs`:° The' permissio: end authority hereby given and granted to lecat*, construct- a,nd° operate a line . of street railway oh, said Sam -Ole Street tetwaen said TVa,lnut Street and Hosciustiko Street is granted under and subject -to all of the c orid it ioAs , restrictions, -limitations and regulations and with all tlaa rights contained and expressed is Ordinance No. 696 adovtsd by the Common Council of said City of South Bend,., Indianal., Januar 19J,885• and, all- franchise ordinances amendatory thereof' ,-and supple- mental thereto, and t�a same. °is, )Ip eb,y. IAsie, p6. part of this contract. This a,greemaant shhall be binding upon and inure to the benefit of the parties hereto, 'their successors and a:s s igns . . ° e ° IN* WITNESS' WHEREOF` the parties have caused these praesaemises to be executed by the Board• of. Publ,ic� Woarks of the City of South Bend, Indiana,, on behalf of the City of South Isend JAO i.s,na° . ° the Chicago South Bend ex Northern Indiana Rai. way CompanybyCharles M. Aiurdock, itan s �ieae-President, and Samuel T. MurdockVi its Secretary. CITY OF ,SOUTH BL'ND, INDIANA. CHICAGO, SOUTH BEND & NO RTHE2RY INDIANA BY G. A. ELLIOTT RAILWAY COMPANY �b ,SRO ~ �S N BY CHARLES b. :4TRDOCK- ° �° Vice President. Board o Pub c ex'kss. OREN A. SiiALL Asst. Secretary., TO THE C (MMON COUNCIL OR THE CITY OF SOUTH BEND, INDIANA. The undersign d, the Board of Public Works Of the City of South Send, Indiana, begs leave to submit herewith to your Honorable Bety a contract and agree- ment entered into by said Board on behalf of the said City, and the Chicaigo, South Band. & Northern Indiana Railway Company. The undersigned also submits herewith an ordiance approving and confirming such contract and agreement for adoption by your Honorable Body. BOARD OF PUBLIC WORKS OF -THE G. A. ELLIOSSTTT.g CITY OF. SOUTH BEND, INDIANA. hi&. FRO AVEN President.