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HomeMy WebLinkAboutApproving a Franchise, Grant and Contract with Chicago South Shore and South Bend RailroadORDINANCE No. Jo& Passed by the Common Council of the City of South Bend, Indiana, Attest: A Clerk. of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana G� _City Clerk Approved and signed by 1 ZA i C; i ORDINANCE N0, AN ORDINANCE APPROVING A FRANCEISE, GRANT AND CONTRACT 'WITH CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD - 00000- WHEREAS, heretofore to -wit; On the 1st day of November, 1932, the City of South Bend, by and through its Board of Public Works, entered into the following contract with the Chicago South Shore and South Bend Railroad, an Indiana corporation, to- wit; II THIS AGREEMENT, dated this �� _day of 1 1932, made and entered into by and between the City of South Bend, Indiana, acting by and through its Board of Public Works, Party of the -First Part, herein sometimes called the,f0ity," and Chicago South Shore and South Bend Railroad, a corporation created and organized under the laws of the State of Indiana, Party of the Second Part, herein sometimes called the "Railroad," WITNESSETH: Section 1, That consent is hereby given by the City to the Railroad to locate, construct, maintain and operate its rail- road track, including poles, supports, span wires, trolley wires,. transmission and feed wires, telephone and telegraph wires, guys, braces, fixtures, appliances and appurtenances used in the olrera- tion of its railroad, over, upon and across orange Street, the first alley east of Meade Street, Fremont Street, the first alley east of Fremont Street and all other public streets and alleys, roads and highways not specifically named., but which are inter- sected by the proposed route, the central line of which is ap- proximately as follows: Beginning at a point on the center line of Orange Street just east from the northeasterly line of Washington Street, as now located; thence east - wardly by a curve to the right, having a radius of two hundred (200) feet, a distance of approxi- mately one hundred seventy (170) feet crossing the south half of orange Street, the northeast corner of Lot Numbered Forty -seven (47) of West End Sub- division, the alley west of Fremont Street and on to Lot Numbered Forty - eight (48) in above mentioned sub - division; thence continu- ing eastwardly from a point on Lot Numbered Forty -eight (48) by a curve to the left, having a radius of Two Hundred (200) feet, a distance of approximately Eighty (80) feet to a point in Lot Numbered Forty- nine (49) on a line parallel to and seven (7) feet no (0 inches northwardly from the northerly line of Washington Street; thence continuing eastwardly alon a line par - allel with and seven (7) feet no t0) inches northwardly from the northerly line of 'sash- ington Street across the southerly portion of Lots Numbered Fifty (50) and Fifty -one (51) in said Sub- division; thence across Fremont Street on to land lying between Fremqnt Street and the alley east thereof to the alley east of Fremont Street; thence across the alley east of Fremont Street to land lying east of the alley east of Fremont Street, hav- ing a total len h of approximately seven hundred twenty 0720) feet, and to carry passengers, freight, merchandise, baggage, express and the United States mail on and along said street railroad, Interurban street railroad and suburban street railroad line, Section 2. That said track shall be so constructed aeross,said streets, alleys, roads and highways as not to Inter -, fere with the free use of the streets, alleys, roads and high- ways intersected and in such manner as to afford security for life and property and the Railroad shall restore said streets, alleys, roads and highways to their former state, or in a sufficient manner not to unnecessarily impair their usefulness, Section 3. That for and in consideration of the pre- mises and of the agreement on the part of said second party to carefully construct said railroad track across said thoroughfare and to make the approaches thereto as well as the crossing in good and proper condition for using by the public and at all times to keep and maintain said crossing in good and safe condition for public travel, the said first party does hereby grant unto said second party, the right to construct and maintain said railroad track. Section 4. That the trolley wires shall be suspended at a height of not leas than eighteen and one -half feet above the rails of said track. The said trolley wires shall be suspended -2- from span wires, oross arms or supports attached to substantial wood, iron or steel poles or similar structures at least as sub - stantial and safe, Poles and supports for said Hires, when located in the street, shall be ;laced adjacent to the curb nine of the street. Consent and permission is aleo given to the Railroad to connect its said wires with its power houses, sta- tions, sub = stations, transmission lines and sources of electric supply, - Section 5. The Railroad may make all necessary openings in said streets, alleys, roads and highways for the purposes aforesaid and when making such openings and constructing or re- pairing its said track on and across said streets, alleys, roads and highways, it shall by signal and otherwise do all things necessary to protect the public from injury, and to prevent any injury to persons or to property, and shall save and hold he=- less said City from all damages, costs and expenses which -said City shall be compelled to pay as the result of any default, carelessness or neglect of the Railroad in the construction, maintenance and operation of its said track on and across said streets, as hereby authorized and permitted, provided, however, that said City shall promptly notify the Railroad of any suit brought against said City. Section 6. This agreement shall constitute an inde- terminate permit under and pursuant to the terms and proviaiera of the Public Service Commission Law of the State of Indianar and in the event of the repeal of said lair this agreement ¢all extend for and during the term of twenty -five (25) years /tom and after the date that the repeal thereof becomes eff1� ive. Section 7. This agreement and all of its ter,` and pro - visions shall be binding on and inure to the benefof the /46etively, parties hereto and their successors and assigns r. 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 said City of South Bend. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST. c/ Its, Clerk, CITY 0r/WUTH BEND 1 Its B rd of Public Works CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD By. ATTEST Its Vice - President Its a rst /' APPTOVF(I /._s 7-o Form Cooke, .S 7ioon & i?iekt -4- 4" and WHEREAS, said aontxa,ct has been duly submitted to the Common Council of said City for its consideration and action thereon; Now, Therefore, BE IT RESOLVED by the Common Council of the City of South Bend, in St. Joseph County, Indiana: Section 1. That the foregoing frabbise, grant and con- 4 tract dated the 1st day of November, 1932, made and entered into by and between the City of South Bend, acting by and through the Board of Public Works of said City, party of the first part, and the Chicago South Shore and South Bend Railroad, an Indiana cor_ooration, party of the second. part, be and the same is here- by 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 in said franchise, grant and contract set forth in accordance with the terms, pro- visions and conditions thereof. Section 2. This ordinance small take effect and. be in force from and after its passage. p; Passed /this day ATTEST: 7oft fficer. Ci y Clerk. Pres nted by me to th of South Bend this d y of City Clerk. APPR VED this da� of 1 , A.D.1932. mayor of the City of South Bend.