HomeMy WebLinkAboutApproving a Franchise, Grant & Contract with Chicago Shore and South Bend RaildroadORDINANCE No. .32,2,Z
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
�93-7—
Clerk
Of Common Council
Clerk
CITY OF SOUTH BEND
ORDINANCE N0. J a
AN ORDINANCE APPROVING A FRANCHISE, GRANT AND
CONTRACT WITH CHICAGO SOUTH SHORE AND SOUTH
BEND RAILROAD
WHEREAS, heretofore to -wit: on the 19th day of June, 19390
the City of South Bend by and through its Board of Public Works and Safety
entered into the following contract with the Chicago South Shore and
South Bend Railroad, an Indiana corporation, to -wit:
THIS aRREEMT, bearing date of the 19th day of June,
1939, made and entered into by and between the City of South Bend,
Indiana, acting by and through its Board of Public Works and Safety,
hereinafter called the "City ", and Chicago South Shore and South Bend
Railroad, a corporation organised and existing under the laws of the
State of Indiana, hereinafter called the "Railroad ", WITNESSETH:
Section 1. The City does hereby grant to the Railroad authority
to construct, maintain and operate an industrial spur railroad track,
together with the necessary trolley wires and appliances, within the City
of.South Bend, Indiana, and over, upon and across an alley in said city,
the line of which said spur track is more particularly described as follows:
Crossing the westerly end of an alley north of,
and parallel to, Colfax Avenue, at its inter-
section with the southerly end of LaSalle Court,
in Rookefellerts Second Addition to the City of
South Bend, St.Joseph County, State of Indiana,
and as indicated on the blue print attached to the Railroad's petition
for said grant.
Section 29 Said track shall be so constructed across said
alley as not to interfere with the free use thereof.
Section 3. The part of said alley lying between said track,
and on the outside of the rails to the extent of eighteen (18) inohes,
shall be kept by the Railroad in as good repair and condition, considering
the nature of the use, as other parts of said alley are kept by said City,
and shall be paved and improved by the Railroad with the some material
or as good material as the balance of said highway at said intersection.
Section 4. This agreement shall constitute an indeterminate
permit under and pursuant to the terms and provisions of the Public
Service Commission law of the State of Indiana, and in the event of the
repeal of said lax this agreement shall extend for and during the term
of twentyr -five (25) years from and after the date that the repeal
thereof shall become effective.
Section 5. This agreement shall be binding on and ' re to
the benefit of the parties hereto and their successors and assigns,
respectively, and shall be in full force and effect from and after the
date of its being approved by ordinance duly adopted by the Common Council
of the City of South Bend, Indiana.
(SEAL)
CITY OF SOUTH BEND,
INDIANA
By (Signed)
Clyde E.
Williams
(Signed)
George N.
Beamer
(Signed)
Harry S.
Driggs
ATTEST:
Its Boar
o blic
Works and Safety
(Signed) James . Conboy
P
It s cleric
(SEAT,) CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD
BY (Signed) Chas. H. Jones
s ice -Yresi em
Attest:
(Signed) W.M. Bernethy
Asst. Sear dry
M
WHEREAS, said contract has been duly submitted by said
Board of public Works and Safety to the common council of said City of
South Bend for its consideration and action thereon, now, therefore,
BE IT ORDAINED by the common council of the City of South
Bend in St.Joseph County, Indiana%
Section 1. That the foregoing franchise, grant and contract
dated the 19th day of June, 1939, made and entered into by and between
the City of South Bend, acting by and through the Board of Public Works
and Safety of said City, party of the first part, and the Chicago South
Shore and South Bend Railroad, an Indiana corporation, party of the second
part, be, and the same is hereby, approved and confirmed, and the said
Chicago South Shore and South Bend Railroad, its successors and assigns
are hereby granted the rights, privileges and authority as in said franchise,
grant and contract set forth and in accordance with the terms, provisions
and conditions thereof. 11 1
Section 2. This ordinance is passed upon the same day and
at the same meeting that it is introduced and with the unanimous con-
snet of all the members of the council present and there is present
and voting at least two- thirds of all the membership elect of the said
council.
Section 3. This ordinance shall take effect and be in force
from and after its passage.
ATTFSTs
Passed this day of , A.D. 1939.
Presiding officer of the common
council of the eity of South Bend,
Indiana
er
Presented by me to the Mayor of the City of South Bend,
Indiana, this day of , 1939.
1939*
Approved and signed by me this
City Clark
day of ,