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HomeMy WebLinkAbout07/02/1912 Board of Public Works MinutesTuesday_ July -2,--1912. - -- - --- - - - - -_ Board met in regular session at 10:00 A. M. All members present. COMMON COUNCIL OF THE "CITY OF SOUTH BEND, INDIANA:- The undersigned, the Board of Public. Works of the City of South .Bend,. Indiana, begs leave to submit herewith to your Honorable Body a contract and agree - merit entered into ,by said Board on behalf of -the said City, and the Chicago, South Bend & Northern Indiana Railway Co. b The undersigned also submits herewith an Ordinance approving and con- firming such contract and agreement for adoption by your Honorable Body., OTTO C. BASTIAN FRAN CI S E. LAMBERT CHAS. F. NI EDB AL S_KI Board of Public Works of h City of South Bend, Ind. A G R E E M E N T between CITY 'OF ;SOUTH 'BENDS INDIANA. and ^ CHICAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY. WHEREAS, the City of South Bend,. Indiana, desires the Chicago, South Bend & Northern Indian, Railway Company to construct, maintain and operate as apart of its system in said City, a line of'railwav tracks u on and along Madision Street in said City from Hill Street to y ;a WHEREAS, said railway company is willing to construct mai nt ai n and operate said line upon the terms and conditions. hereinafter set forth Now, THEREFORE, this agreement made and entered into this second day of July 19122 by and -between t-he said City of South Bend, Indiana, by and through its Board of Public works and the said Chicago, South Bend & Northern Indiana` Railway Company, a corporation duly created, organized and existing under the laws of the State of Indiana, WITNESSETH: That consent, permission and authority is hereby given and granted by the said city to, and vested in, said railway company, its successors and assigns, to construct, maintain and operate a line of siggle and double railway track, as a part of its said system in said City, on, along and over Madison Street in sad;d city, from Hill St re et in said City to the eastern terminus of said M adi on Street, con- necting at said Hill Street by proper curves and switches with. the lines of the said company' s_ street railway located on said Hill Street; to ether with all other nec- essary and convenient curves, turn -outs, side --tracks, sw t ches, poles wid wires, appurtenances and equipment, as the same may be or become necessary and convenient from time to time for the operation of said line or lines of street railway on said Madison Street. The foregoing power, privilege and authority is given and granted to said company with the ri ght s and subject to all the conditions, re st ri ct i ons and regulations (except as herein otherwise provided) contained and expressed in Ordinance No. 696, adopted by the Common Council o f the City o f South Bend, Indiauta, January 19, 1895, and franchise ordinances amendatory thereof, and supplemental thereto, and the same are hereby made a part of this contract. It is also agreed between the parties hereto that in the event that per- sons not parties hereto but owning property beneficially affected by the constructin and operation of said line on said Madison Street, shall ,within ten days from the confirmation and approval of this agreement by the Common Council and Mayor of said City, purchase from said railway company its bands in the aggregate amount of ten Thousand ($109000.00)Dollars at the price of eighty seven and one-half ( (97-1/2)2 thereupon, said railway company shall, upon the conditions hereinafter immediately stated, within ninety days (90) from the date of such confirmation and approval, construct said line on said Madison Street between said Hill Street and ,/Walsh Street in said City, and thereafter, continually operate said line, between said streets) as a part of its said system in said city, in accordance. wia'h and under the terms of this agreement and maintain thereon a fifteen -minute servi.ce: 491 Provided , however, it is expressly agreed between the parties hereto that in the event said line or lines of railway shall be constructed on said Madison Street as herein provided, said City, as part consideration for the construction of same, hereby agrees that it Rz i l not now or at any time hereafter directly or iPdi re ct ly impose upon or assess against. said railway, any cost, expense or liability for the first improvement of, and first pavement laid upon, said Madison Street from said Hill Street 'to said eastern terminus of Madison Street , or any part thereof, as now laid. out, and idll hold said Company free and clear from any such cost, expense or liability. This contract shall be in full force and effect from and after its approval and confirmation by an-ordianee passed by the Common council, and approval by the Mayor of said City, and shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns. IN WITNESS WHEREOF the said city has caused its name to be signed by the members of the Board of Public works of said city, and the railway company has caused its name to be hereunto set and its corporate seal affixed by Charles.M. Murdock, its Vice President, duly authorized .thereto, the day and year first above written. CITY OF SOUTH BEND, INDI ANA. BY OTTO C. BASTIAN F. E. LAMBERT CHAS. F. NIEDBALSKI BOARD OF PUBLIC WORKS. CHI CAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY, By CHARLES M. XURDOCK VICE PRESIDENT. ORDIXXNCE NU An ordinance ratifting, confirming and approving a certain contract aril agreement made and entered into by and between the City of South Bend, Indiana, by and through its Board of Public Works and the Chicago, South Bend & Northern Indiana Railway Company, its successors and assigns, which said contract relates to the construction of a railway line on Madison Street, easterly from Hill Street in said City. WHEREAS, the foregoing contract and agreement has been submitted by said Board of Public Works of the City of South Bend, Indiana, to the Common Council of said City for its consideration and action thereon; THEREFORE, Section One : Be it ordained by the Common Council of the 'City of* South Bend, Indiana., that the foregoing contract and agreement, made and entered into on the 2nd. day of July 19122 by the City of South Bend, Indiana; by and through its Board of Public Works, and the Chicago, South Bend & Northern Indiana Railway Company, be, and the same is, hereby in ail things ratified, confirmed and approved, and the said Chicago, South, Bend & Northern Indiana Railway Company, its successors and assigns are hereby granted the rights, privileges and authority as in said contract set forth, and in accordance with the terms, provisions and conditions thereof. Section Two: This ordinance shall take effect and be in force from and after its adoption by the Common Council,, and approval by the Mayor of said City. ✓Contractors bond signed by M. Feser and approved by the Board. ,Excavation Bond signed by Joseph Colbert and approved by the Board. ,-,Contract for t .e water connections on. Walnut Street, signed by Wm. H. Burke and bond for same approved by the Board to the amount of Two Hundred and fvb y five ($245.00) Dollars. ✓Bond and contract for water connections -on Carroll Court, signed by Wm.�pH.-�vBtirke and approved by the Board. '/ Bond add contract for water connections on South Fain Street, signed by Thomas Williams and approved by the Board Bond and contract for water connections on Hydraulic Avenue si ed b Thom gn y T o as Williams I and approved by the Board. Petition received and read a nd referred to the Engineer for grade, curb and walk on. E. *Di viiTsbnn Street from Francis to Eddy Street. J Petition received asking for grade, curb and walk on Prairie Avenue, from Webster to State Street. The same was referred to Engineer for investigation. P re si dent .