HomeMy WebLinkAboutApproving a Contract between James H. Whitmarsh and Board of Public WorksORDINANCE No. ` l
Passed by the Common Council of the City of South Bend, Indiana,
0
Attest: — Le, Presid
City Clerk.
of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
Clerk
Approved and signed by me O< `�� S _ _ /V-0-
AN
H.
ORDINANCE NO. � I v
APPROVING A CONTRACT BET[VEEN JAAi:ES
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BE IT ORDAINED BY THE COKI,101T COUNCIL Oil :y W CITY OF
SOUTH BEND, INDIANA:
SECTION 1. That the contract dated the 30th day of
September, 1930, made and entered into by and between the City
of South Bend, acting by and through its Board of Public Viorks,
and James H. Whitmarsh, be and is hereby approved and confirmed
and said James H. Whitmarsh is hereby granted the rights,
privileges and authority as set forth in said contract, and in
accordance with the terms, provisions and conditions thereof.
SECTION 2. This ordinance shall be in full force and
effect from and after its passage and approval by the Mayor.
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CONTRACT FOR THE CONSTRUCTION 0' A RAILROAD SIDE.
2'l Tl( RCROSS FRL3�OY STFELT.
TITIS INDENTME, Made and entered into by end between the
City of South Rend, IW, iens, by and through its Board of Public rjorks,
party of the first part, and James I'. whitmarsh, of South Bend, Indiana,
party of the second part, WITNESSETH:
An agreement by and between said parties as follows, to.wit:
The said second party having* petitioned said first party for the
right and permission to construct and maintain e single track railroad
sid.in{* across Fremont Street and connecting with s siding of the CSS &SB
Railroad between Orange and Lawton Street, in the City of South Bend,
all as shown in a set of blue prints which set is hereto attached,
marked Exhibit "A ", and made a part of this contract.
Now, this witnesseth.; That for and in consideration of the
promises end of the agreement on the pert of srid second party to care-
fully construct said siding^ across said throrfare and to make the
approaches hereto as well as the crossing* in gooxl end 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
)arty does hereby grant unto staid second party the right to construct
and era intain said siding. This oontr: ct, however, shall not be binding
upon said first party until duly rPtified by the Common Council of
said City.
The siding herein referred to being subject to all the rights
Qf the public arZ City to use the public street herein r- ferred to for
public street and hiphray purposes, it is further eg-reed that party of
the second part rills at all times, maintain either plank or other
material as desirnated by said Gity on and elon{r the street where crossed
by said side tins ck and to keep s- i d cros si np open at all times land to
maintain said siding in the manner prescribed by the City end with its
consent, and upon failure to do soi the said grant shall become null
and void at the option of said second party, end at its request, said
first party, or either of them, will forthwith take up and remove
said side tracks*
IN j " "'ITrESS ,W,- ,BEOF, The parties Irreto do hereunto set
their h -Inds and. seals in the City of South mend, this . day of
1930.
CITY OF SOME FJND, INDIANA,
BOARD 61, PUBLIC WORKS