HomeMy WebLinkAboutFixing Various Railroad Companies Affected by Grade SeparationORDINANCE No. q/3
Passed by the Common Council of the City of South Bend, Indiana,
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of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
ty Clerk
Approved and signed by me Z� 1�
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ORDINANCE NO. O� 113
AN ORDIN-ANCE FIXING THE CIE 1,vEN VARIOUS RAILFOAD COXpANIE5
AFFECTED BY GRADE RESOLUTION NO-5
ADOPTED ABY THEABOARD V PROVIDED I MODIFIED
WORKS OF
TEE CI`['Y OF SOUTH BEND AM APPROVED BY THE. COMMON COUNCIL
UiERZOF, SHALL CON;,:ENCE SAID IMPROVEII'ENT AND SHALL COMPLETE
SAID ITdFROVEIJENT.
WI;EREAS, on the Ist. , day of April, 19301 the Board of Public
Works of the City of South Bend, Indiana, confirmed as modified
Grade Separation Resolution No.59 providing for the separation of
certain grades on certain streets in said City; and,
17F REAS, this Council did approve said Modified Resolution
No.5 by Ordinance 1,To.285I, dully adopted on the 23rd., day of April,
19 30 , and,
'7 thereafter the various railroad companies affected
and the City of South Berri filed in the office of said Board of
their plans, specifications and estimates under said Resolution as
required by law; and,
is -'t AS, after giving due and legal notice thereof the Board,
at its he wring on the Ist. , day of July, I930 , considered and over-
ruled all remonstrances and approved the said plans, s pe ci f ications
and estimates so fil -ed; and,
IIEFEAS, all appeals that were filed in the Circuit or
Superior Courts of St. Joseph County, pursuant to remonstrances
against said plans, specifications and estimates, have been disposed
of am no such appeals are now pending; and,
WH REAS, the common Council of the City of South Bend did, on
the 24th. , day of 190.Vembeit„ 1930, by resolution, direct the said
City and the various railroad companies affected thereby, to pro-
ceed with the work of grade separation as provided for in Modified
Resolution �o.5 so adopted by the Board of Public works of said
City, and appzoved by this Council, and as provided for in the
plans, specifications and estimates, contracts; and other proceed -
ings 'had pursuant and suppleimntal to said Mod ffied Resolution
N0.5, and did order the construction of said improvement;
XMIVI THE, =FOR $ BE IT ORDAINED BY THE C01,111ON COUNCIL OF TIE'
CITY OF SOUTH BEND, INDIANA:
S.NCTION I. That the various railroad companies affected
by grade separation project under Modified Resolution No.5
of the Board of Public Works of the City of South Bend, as con-
firmed on the Ist. , day of April, 1930, and the City of South
Bend, shall commence said improvement under said resolution not
later than April Ist., I93I, and complete the same within fifteen
months thereafter, provided that the time lost by reason of de-
lays in the prosecution of said work because of strikes, riots,
the acts of God, or a public ene�, and for any other reason which
is beyonit the control of said railroad companies, may be added
to the time herein fixed by said Board of the completion of said
work.
SECTION 2. This ordinance shall be in full force and effect
from and after its passage by the Common Council.
LEKP 'R OF T C 013,10N COUNCIL
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