HomeMy WebLinkAboutRatifying, Confirming an Agreement between Board of Public Works and Northern Indiana Railway Inc. Contract Date December 30, 1930ORDINANCE No. %ice
Passed by the Common Council of the City of South Bend, Indiana,
921L.
City Clerk.
of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
M/
Clerk
Approved and signed by me yw�'L!
G
ORDINANCE NO..! .(./
An ordinance ratifying, confirming and approving a
certain contract and agreement made and entered into by and
between the City of South Bend, Indiana by and through its
Board of Public Works, and Northern Indiana Railway, Inc., which
said contract relates to the construction, maintenance, opera-
tion and use of street and interurban railway tracks upon
certain streets in the City of South Bend, Indiana.
WHEREAS, the foregoing contract and agreement has been
submitted by said Board of Public Works of the City of South
Bend, Indiana to the Common Council of said city for its con -
sideration and action thereon; therefore..
Section one: BE IT ORDAINED by the Common Council of
the City of South Bend, Indiana that the foregoing contract and
agreement made and entered into on the -� D day of
1930 by and between the City of South Bend, Indiana, by and
through its Bo m?d of Public Works and the Northern Indiana Rail -
way) Inc., its successors and assigns, which said contract re-
lates to the construction, maintenance, operation and use of
street and interurban railway tracks upon and along certain
streets in said City, be, and the same is hereby in all things
ratified, confirmed and approved.
Section two: This ordinance shall take effect and be
in force from and after its adoption by the Common Council, and
approval by the Mayor of said City. _
C O N T R A C T
THIS AGREEMENT,made and entered into this _ � D
day of� , 1930, by and between the CITY OF
SOUTH BEND, INDIANA, acting by and through its Board of
Public works, hereinafter sometimes called the "City ",
and NORTHERN INDIANA RAILWAY, INC., hereinafter called
the "Rdlway ",
WITNESSETH:
ARTICLE I.
Consent and authority is hereby given by the "City"
to the "Railway" to construct, maintain and operate a single
electric railway track including poles, supports, span wires,
trolley wires, transmission, feed and telephone wires, guys,
braces, and other necessary appliances used in the operation
of its electric railroad, over, along and upon the following
described route in said City of South Bend, St. Joseph,
County, Indiana, to wit:
Commencing at Merry Avenue at or near
its intersection with Kaley Streeb;
thence on Kaley Street between Merry
Avenue and Bertrand Street; thence on
Bertrand Street between Kaley Street
and B endix Drive; thence on B endix Drive
between Bertrand S treet and westmoor
Street; thence on westmoor Street between
Bendix Drive and Meade Street; thence on
Meade Street between westmoor Street and
Merry Avenue;
and to connect said track at each terminus thereof
with the "Railway's" existing tracks.
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Said track shall be constructed and maintained
as nearly as practicable in the center of said streets
and shall be so constructed as not to interfere with
the free use of said streets, and in such manner as to
afford security for life and property, and the "Railway"
shall restore said streets as nearly as practicable to
their former condition, using identical materials and type
of construction.
ARTICLE III.
Trolley wires shall be suspended at a height of
not less than sixteen f eet above the ra ils of s aid t rack,
and shall be suspended from span wires attached to
substantial poles which shall be placed inside and
adjacent to the curb line of the street.
ARTIULE IV.
The "Railway" may make all necessary openings in
said streets for the purpose aforesaid, and when making
such openings for constructing and repairing its said track,
it shall by signal or otherwise do all things necessary
to protect the public from injury and to prevent any injury
to persons or property, and shall save and hold harmless
said "City" from all damage, costs, and expenses which said
"City" shall be compelled to pay as a result of any default,
carelessness or negligence of the "Rai lway'l in the con-
struction, maintenance and operation of its said track on
said streets as hereby authorized and permitted, provided,
however, that said %ity" shall promprtly notify said
"Railway" of the filing of any claim or notice with or
action against said "City."
ARTICLE V.
This agreement shall constitute an indeterminate
permit under and pursuant to the terms and provisions of
the Shively- Spencer Utility Commission Act of the State
of Indiana, and all acts amendatory and /or supplemental
thereto, and in the event of the repeal of said act, this
agreement shall extend and continue for and during the term
of twenty -five ,years f rom and after the date on which the
repeal thereof becomes effective.
ARTICLE VI.
This agreement shall be binding upon and inure
to the benefit of the parties hereto and to their successors
and assigns respectively, and shall be in full force and
effect from and aft the effective date of a confirming
ordinance duly adopted by the Common Council of said "City."
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals on the day and year first above
written.
CITYY OF SOUTH ND
By
NORTH7BRON, NA E IL +AY, INC.
By.
President
ATTE P•
_ �- La
Secretary