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HomeMy WebLinkAboutApproving a Contract between Henry Beutter DBA Hoffman & Beutter Coal Co. and Board of Public WorksORDINANCE No.- 9 �a Passed by the Common Council of the City of South Bend, Indiana, Attest R Attes Clerk. of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana Clerk Approved and signed by me X---/ C . ly ORDINANCE NO.__,I_/ 0 /_ AN ORDINANCE APPROVING A COKTiRACT CITY ----- ----- 000---- - - - --- BEUTTER BE IT ORDAINED BY THE C012JON COUNCIL OF 'Ll-E CITY OF SOUTH BEND, INDIANA: SECTION 1. That the contract dated the 11th day of November, 1930, made and entered into by and between the City of SDuth Bend, acting by and through its Board of Public Works, and Henry Beutter, doing business as Hoffmann and Beutter Coal Company, be and is hereby approved and confirmed and said Henry Beutter, doing business as the Hoffmann and Beutter Coal Company, is hereby granted the rights, privileges and authority as set forth in said contract, and in accordance with the terms, pro- visions and conditions thereof. SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval by the 'i,ayor. Pi v n�10 � I3o 1�% Member of the Common Council CONTRACT BET ?KEEN HENRY BEUTTER DOING BUSINESS AS THE HOFF1 %%N COAL COMPANY AND THE BOARD OF PUBLIC WORKS FOR A SINGLE TRACK SIDING ACROSS KANKAME AVENUE. THIS INSTRU EME WITNESSEM an agreement by and between Henry Beutter, doing business as the Hoffman & Beutter Coal Company, in the City of South Bend, St. Joseph County, Indiana, first party, and the Board of Public works, of South Bend, Indiana, second party, as follows ;to -wit: WHEREAS, the said first party desires to construct and maintain a single track siding across Kankakee Avenue, south of and. adjoining the right -of -way of the New York Central Railroad Company, near the point where Meade Street intersects Kankakee Avenue in said city, which tracks are upon the right -of -way of said railroad company and the lands of the said Hoffman & Beutter Coal Company, save and except the sane cross Kankakee Avenue. Now, this witnesseth, that said second party does hereby )grant unto said first party the right to construct and maintain said side track across the said Kankakee Avenue, and in consideration of said grant, said first party contracts and agrees to carefully and properly lay and maintain the said tracks across said Kankakee Avenue, at such grade as the civil engineer of the said city may designate, and to, at all times, maintain eitrer planks, or other material, as designated by said city, on and along Kankakee Avenue, where crDssed by said side track, and to keep said crossing (bpen at all times and upon failure so to do, the said grant dhall become null and void at the option of said second party, and at its request, said first party, will forthwith take up and Yemove such side track. A blue print drawing of the territory affected by this track is hereto attached and made a part hereof. This contract shall not be effective until ratified and approved by an oi�dinanre of the Common Council of said city. ?7ITNESS the hands and seals flf the parties hereto, this IIth day of November 1930. Henry Beutter, doing business as the HOFMAN AND BEUTTER COAL COMPANY BOARD OF PUBLIC VORKS M. E. D ORAN JOHN K. S140GOR RALPH H. KUSS