HomeMy WebLinkAboutRatifying, Confirming & Approving a Contract Board of Public Works & Pennsylvania Railroad Co.ORDINANCE No
2 9 9 0
Passed by the Common Council of the City of South Bend, Indiana, -- --
Attest:
March ?8th
193?--.
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
March 30th
City Clerk.
lent of Common Council.
Clerk
ORDINANCE N0. O4 f fv
AN ORD71lAIITCE RATIFYING, CONFI111ING AM APPROVING
A CERTAIN CONTRACT AND AGREEtENT II,ADE AND ENTEFED
INTO BY AND BETWEEN THE CITY OF SOUTH FEND, INDIANA,
BY AND THROUGH ITS BOARD CF PUBLIC WORKS, AND THE
PENNSYLVANIA RAILROAD COb1'ANY WHICH CONTRACT RELATES
TO THC C OI\BTRUCTION?OM IS II\HiNANCE AND OPERATION
OF A SINGLE TRACK SIDING ACROSS WEST TUTT STREET
IN THE CITY OF SOUTH BEND, INDIANA.
Whereas, the attached contract and agreement has been
submitted by said Board of Public Works of said City of South Bend,
Indiana, to the Common Council of said City for its consideration
and action thereon:
NOW THEREFORE
SECTION 1. Be it ordained by the Common Council
of the City of South Bend, Indiana, that the contract and agreement
made and entered into on the 1st., day of March, 1932, by the City of
South Bend, Indiana, by and through its Board of Public Works and the
Pennsylvania Railroad Company, a corporation organized and existing
under the laws of the State of Indiana, attached hereto and made a
part hereof, be and the same is hereby in all things ratified, confirmed
and approved.
SECTION 2. This ordinance shall take effect and be in
full force from and after its passage and approval by the L"ayor.
Passed by the Common Council
Approved and signed by the &Iayor
3(� `�j
ounci 1
CONTRACT FOR TI CONSTRUCTION OF A
SINGLE TRACK SIDXN(F ACROSS WEST
TV" STRUT.
THIS ORR1M IT entered into between the Pennsylvania
Railroad Company, party of the first part, and the Board
of Pttblie Narks of the ftnicipal City of South Bend, Indiana*
party of the second part, WITNESSETHt
T.BAT isaw the said first party desires to construct
and maintain a single track siding across Rest 'fsttt Street
East of and adjoining the right of way of the Pennsylvania
Railroad Company near the point where said West Tutt Street
intersects South Main Street in said City, xhich said tracks
are upon the right of way and property of said Pennsylvania
Railroad Company, save and except where the same will cross
West Tutt Street,
NOW, THWWORE, THIS AGRXMMNT, to -wits- That the
said second party does hereby grant unto said first party ,
the right to construct and maintain said tide track across
Nest fdtt•street,and in consideration of said grant, sa#
first party contracts and agrees to carefully and properly
lay and maintain the said tracks across said West Tutt Street
at such grade as the Civil Engineer of said city may designate,
and sold first party further agrees to at all times. maintain
either plankp or other material as may be designated by said
city on and along said West Tatt Street where crossed by
said tracks and to keep said crossing open at all times and
upon failure so to do, the said grant shall become null and
void at the option of said second party, and at its election
after such deffault said first party will forthwith take
up and remove such side track, a blueprint of the territory
affected by this track being herewith attached and made a
part hereof.
This contract $hall not be effective until
ratified and approved by an ordinance of the Comson
council of said City.
WIT =$ tho hands and seals of the parties hereto
this ��y,wday of .GL(.��"5 -.-- -. 1932,
i FENN Y° ' RAILROAD OOMPANY'
SOAAD OF PMIq WOMB OP TO
B!€ CZPAL Citi OF BOVTs SM
ATTESTED :
�1 erk of the Boa rd � ""'