HomeMy WebLinkAboutApproving & Confirming a Resolution for the Replacement of Ties & Rail Removed from Western Avenue by a Proper PavementORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana,
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Presented by me to the Mayor of the City of South Bend,
City Clerk.
lent of Common Council.
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Approved and signed by me
City Clerk
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ORDINANCE NO.
AN ORDINANCE APPROVING AND CONFIRMING
A RESOLUTION FOR THE REPLACEMENT OF
THE TIES AND RAIL REMOVED FROM WESTERN
;_BY PAVMIENT.
BE IT ORDAINED BY TEE COICLON COUNCIL OF THE
CITY OP SOUTH BEND, INDIANA:
Section 1. That the resolution of the Board
of Public Works for the replacement of ties and rail
removed from Western avenue bya'�prQper pavement, a
copy of which resolution is attached hereto and made a
part hereof, and further authorizing the payment of
the expenses therefor out of the track elevation funds
of said city be hereby approved and confirmed.
Section 2. This ordinance shall be in full
force and effect from and after its adoption.
Membmr of Common Council.
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WIMR$AS By virtue of an agreement entered into the 18th day of
Feb*WtXr, 1924 by and between the City of South Bend,
Indiana, and tie Grand Trunk Western Railway Company,
$aid Railway Company agreed for a certain consideration
set forth therein to abandon and remove its main line
tracks on Division Street, now Western Avenue, in the
city of South Bend, Indiana, and did .further agree to
acquire a different right•of »way, separate and removed,
from Western Avenue sad upon which to elevate its maim
line track in the city of South Bend, Indiana; and
WHEREAS By a supplemental agreement dated the 15th day of
November, 1927, said Railway Compaiv did further agree,
IA contempplation of its track elevation and track re-
moval contaract, to Jain right -of -way with the New York
Central Railroad Company and to operate its main line
railroad over said elevated tracks in the pity of South
Band, Indiana; and
WHEREAS Sueh track removal and track elevation program is now .
completed, except for the removal of the abandoned main
line track, now on Western Avenue= and
WHEREAS The said Grand Track Railway Company, by ocntraot, has
the rl&* 16�,•and is desirous of, removing the abandoned
main line track still remaining on Western Avenue and
the removal of said main line.track will necessitate
a replacement of area,from which said track is removed,
with a suitable type of pavement in conformity with the
existing pavement now on Western Avenue for the a000mmo-
dation of traffic;
THEREFORE, Be it resolved by the Board of Public works of the City
Of South Bend, Indiana, that the said brand Trunk West-
ern Railway be immediately notified to proceed with
removal of its former main line track on Western Avenue
weetwardly from the east line of kichigan Street in the
city of South Bend, Indiana; and
Be it further resolved that the area from which said track
is removed be paved in the *Aove manner above set forth;
and
Be it further resolved that the expense of such replacement
be borne by the City of South Bend, estimated not to
exceed Five Thousand Dollars ($5000.00), to be paid for
out of funds now available in the Track Elevation Fund of
said city.
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