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Home My WebLink About11/15/1912 Board of Public Works MinutesBoard met in regular session at 10:00 A.M. Mr: Niedbalski absent. The following guarantee bonds signed by C. H.. DEFREES and the Ameil can Surety Company on the following improvements in the City of South Bend, Ind. we're approved by the Board T/ Brick pavement on No. Scott Street from Michigan Avenue to Portage Avenue, under Improvement Resolution No. 127. Approved-. Bri ck pavement on Walnut St reet , from Colfax Avenue t o La Porte Avenue, under Improvement Resolution No. 112. Approved. Brick pavement on lst'. alley E. of Emerick' Street, under Improvemetaet Resoluti n No. ' 117.. Approved Brick;pavement on a ley south of Monroe St. under Improvemeit ' Res. No. 118. 1 " " on 1st. -alley South of Washington ,Under Improvement Res. #120. on 1st. alley So. of L.S.& M.S. R.B. , under Improvement Res.#124- v " " on alley W. of Lafayette St .under Impm vement Resolution No.175. The following guarantee bonds signed by M . J. Roach and Maurice Hoban and the American Surety Company of New York, on the following improvements in the City of South Bend, Indiana. were approved by the Board. Brisk pavement on Division Street from Michigan Street to Chapin Street, under Improvement Resolution No. 90, Approved. Brick pavement on 1- st . alley West of 'Franklin Street ,under Impm vement Res. 109 on 1st. alley So. of Jefferson Blvd. Under Impm ve®ent Res. #122 on 2nd. alley So -of Wayne St. Under Improvement Resolution #125. on 1st. alley No -of North Shore Drive under Improvement Res.#191 Communication received from Cry.--ca-go, South Bend & Northern Indiana Ry. Company, regarding the "y" .T-rAck, on 0b3umb a' Bt.reet. The same was read atidplaced on file. In the matter of the wwarding of bids on Pipe Sewer on St. Louis Street from South Bend Avenue to Corby Street, under Improvement Resolution No. 209 was deferred until November Tuesday 19th. 1912 at 10:00 A.M. . AGREEMENT PRESENTED TO THE BOARD BY DIXON & LOCKER, THE SAME WAS APPROVED BY THE BOARD AND REFERRED TO THE -COMMON COUNCIL FOR RATIFICATION. TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEES D, INDI ANA: - Gentlemen: The undersigned Samuel H. Dixon and Archibald F. Locker, partners, doing business under the firm name and style of.Dixon & Locker and maintaining and operat- ing a coal and wood yard on Mishawaka Avenue between Smith and Eighth Streets in the City of South Bend, petition your honorable body to grant the Chicago, South Bend & Northern Indiana Railway Company the rights and authority set forth in the at- tached form of contract for the purpose and to the end that the undersigned may advantageously carry on and operate its said business. DIXON & LOCKER, Dated this Eth. day of November,1912. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEiT D,INDI ANA. Gentlemen:.. - 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 duly ex- ecuted by said Board on behalf of the said City of South Bend, and the Chicago,South Bend & Northern Indiana Railway Company, relating to the construction of a sidetrack on Mishawaka Avenue from the main line of said Railway Company on said avenue to the premsises of Dixon & Locker located on the north side of said avenue between Smith and Eighth Streets in said City, aid prroviding for the transportion of cars and mat- e ri.al over said siding and the lines of said Railway Company. The undersir�ied also submits herewith an ordinance confirming and approve- i ng the a xe cuti on of said contract by the Board of Public Works and the grant of the right and authority therein set (forth. CITY OF SOUTH BEND, INDI ANA, BY BOARD OF PUBLIC WORKS. EXHIBIT B. WHEREAS,. Samuel H. Dixon and Archibald F. Locker, partners doing business under the firm name and style of Dixon & Locker, are now engaged _ in the coal .and vo o d business in the City of South Bend, Indiana, the yard for said business ,being located on Mishawaka Avenue between Smith and Eighth Streets in said City; And, WHEREAS, Said Dixon & Locker have heretofore -entered into a contract and agreement with the Chicago, South Bend & _Northern Indiana Railway Company :relating to the delivery of cars 'loaded with and transporting vo od, coal and other material handled in the regular course of the business of said partnership from the Grand Trunk Western Railway Company over the lines of said Northern Indiana Railway Company to the said yards of sEdd partners by switching same. to and from the Grand Trunk Western Railway Company over the interchange_ track of said Grand Trunk Western Railway Company and said Northem Indiana Railway Company and over the necessary tracks of said Northern Indiana Railway Company add a proposed side track from the lines of said Northern Indiana. Railway Company to and upon the yard and premises of said partners; And, WHEREAS, Section three of said contract reads as follows: - "Said Northern Indiana Railway Comp any shall not be required to do any work in connection withthe change or alteration of said connection and interchange track or, in connection with the construction of said side track on Mishawaka Avenue above and hereinafter referred to until said p art ne r s shall procure from the proper aut ho rit i e s of the City of South Bend, Indiana, requisite permit and franchise ,right for and in said„Northern Indiana Railway Company, .to construct, maintain and operate said side track upon said Mishawaka Avenue from its main track on said avenue to the premises on which said coal and wood yard are now maintained, and located as shown on said plat, marked "Exhibit A", and also permitting and authorizing said Railway Company to, switch said cars of material to and from said last mentioned premises from the connection and inter- change track above referred to and over its said tracks on Mishawaka Avenue and other necessary tracks." Aow, THEREFORE, In compliance with the. request of said Dixon & Locker, it is hereby agreed by and between the City of South Bend, by and through its Board of Public Works, and the Chicago, South Bend & Northern Indiana Railway Company, that said Railw" Company is hereby granted the permit, right and authority to construct, maintain and operate a side track with necessary switches and other appurtenances upon and across the north side of Mishawaka Avenue, between Smith and Eighth Streets in -the said City of South Bend, from the main line of said Northern Indiana Railway Company, to. and,upon,the premises_ on which the coal and wood yard of said Dixon & Locker is now maintained, said side track to be located substantially as shown on the blue print hereto. attached,marked "Exhibit A" and hereby,made a part hereof; and said Northern India ..a_Rai lwey Company is hereby per- mitted and authorized to transport between the hours of twelve .(12) A.M. and five. (5) A.M. daily over its lines on said Mishawaka Ave nue . and Eddy Street and. East Division Street and intervening lines between its said interchange track with the Grand Trunk Western Railvay Company and the proposed side track and premises of said Dixon & Locker,' all cars and mater- ial destined to or forwarded by said Dixon & Locker, in the regular course of their business. The foregoing power, privileges and authority is. given and granted to said Railway Company with the ri ght s and subject to all the conditions, restrictions and regula- tions (except as herein otherwise provided) contained and expressed. in Ordinance No. 696, adopted by the Common Council of the City 'of South Bend, Indiana, January 19,1885 and franchise ordinance amendatory thereof, and supplemental thereto, and the same are hereby made a part of this contract. IN WITNESS WHEREOF said City has caused its name to be signed by the me1be of the Board of Public Works of said City and the said 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, this day, of November ,1912. CITY OF SOUTH BEND, INDI ANA. BY BOARD OF PUBLIC WORKS. CAI CAGO, SOUTH BEND & NORTHERN INDIXNA RAILWAY COMPANY, by CHARLES M. MURDO Vice�President Pre s dent