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Home My WebLink AboutApproving a Franchise, Grant and Contract with Chicago South Shore and South Bend Railroad ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana, t YG 61 192 • Attest: . ` l / 1 C �9rI –City Clerk. Attest: °la— � A President of Common. Council. Presented by me to the Mayor of the City of South Bend, Indiana I f 192 7. 'I i��i�'�i � ity Clerk Approved and signed by me are 1927 11 ty �� G/�- Mayor - - q Er I ORDINANCE NO. 2 81613 - I AN ORDINANCE APPROVING A FRANCHISE, GRANT AND CONTRACT WITH CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD WHEREAS, heretofore to-wit: on the 10th day of October, 1929, the City of South Bend, by and through its Board of Public `"orks entered into the following contract with the Chicago South Snore and South Bend Railroad, an Indiana corporation, to-wit: `♦ I • I - = I p-. WHEREAS, said contract has been duly submitted to the h Common Council of said City for its consideration and action thereon; now, therefore, BE IT ORDAINED by the Coamon Council of the City of South Bend, in St. Joseph County, Indiana: Section 1. That the foregoing franchise, grant and contract dated the 10th day of October, 1929, made and entered into by and between the City of South Bend, acting by and through the Board of Public Works of said City, party of the first Hart, and the CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD, an Indiana corporation, party of the second part , be, and the same is -hereby, approved and confirmed, and the said Chicago South Shore and South Bend Railroad, its successors and assigns are hereby granted the rights, privileges and authority in said franchise, grant and contractset forth in accordance with the terms, pro- visions and conditions thereof. • Section 2. This ordinance shall take effect and be in force from and after its passage. A. D. 19 e , 0 �q J `� 1 _J,�r/i i A_ v. '��A : 'i,�„� ATTEST: �"�`�" e, { . City Clerk. Pre ented by me to the I. ayor of the City of this day of , ` City Clerk. u Approv day of , A.D. 12 e Mayor of the City of . C'. r. . z �p THIS ACREETERT, dated this /o7h. day of October, 1929, made and entered into by and between the City of South send, Indiana, acting by and through its Board of Publics works, Party of the First Part, herein sometimes called the "City" and Chicago, South Shore and South Bend Railroad, a corporation created and organised under the laws of the State of Indiana, Party of the Second Part, herein sometimes called the "Railroad," BITSSETB; Section 1. That consent is hereby given by the City to the Railroad to locate, construct, maintain and operate its single railroad track, including poles, supports, span wires, trolley wires, transmission and feed wires, telephone and telegraph wires, guys, braces, fixtures, appliances and appurte- nanoes used in the operation of its railroad, over, upon and across Woodland Avenue, Westmoor Avenue, Nancy Street, Crumstown Road, and Lincoln Way - West, and all other public streets, alleys, roads and highways not specifically named but which are intersected by the proposed route, the seater line of which is `approximately as follows: Beginning at a point on the west corporation line in the City of South Bend which is located approxi- mutely two hundred seventy (270) feet .north from the north right of way line of the Chicago, South Bend and Northern Indiana Railway Coroany; thence in a northwesterly direction by a straight line approx i- mately one hundred twent five (125) feet to a point; t; thence by. a curve having a radius of five hundred seventy•three and fourteen hundredths- (373.14) feet a distance of approximately three hundred ten (310) `feet to a point on a line nix and seventy-five hundredths (8.75) feet north of and parallel to the center line of W eetmore It. , which point is also four hundred (400) feet east of the west corpora- tion line of the City :of South Bend measured along said parallel line; thence east along the said parallel line a distance of approximately thirty- three hundred three (3303) feet to a point which • is two hundred sixtyQeeven and twenty-nine hundredths (267,29) feet west of the center line of Nancy Street; thence by a curve to the left having a radius of two hundred sixty and fifty-four hundredths (260. 54) feet to a point on a line which is located six and seventy- five hundredths (6.75) feet net of and parallel to the venter line of Nancy Street; thence north along said parallel line a distance of approximately seventeen hundred sixty-six (1765) feet to the north line of arumstown Road; thence by a curve to the right having a radius of seven hundred sixteen old twenty-five hundredths (716.. 25) feet a distance of approximately one hundred eighty (180) feet to the west line of a strip of land owned by the Chicago, South Shore and South Bend Railroad; thence northwardly through the lands of the Chioago, South Shore and South Send Railroad to the south line of Lincoln Way Test, which point ,e approximately forty (40) feet east of the west line of said property which line is also the east line of Section Four (4) , Township Thirty-seven (37) North, Range Two (2) Raet onto property if the Chicago, South Shore and South Bend Railroad to a point on the north line of Lincoln- , way West which point is also eastwardly approximately fifty(50) feet from the east line of Section your (4) . a and to carry passengers, freight, merchandise, baggage, express and the United States mail on and along its said street rail- road, interurban street railroad and suburban street railroad ti line. Section 3. That said track shall be so constructed across said streets, alleys, roads and highways as not to inter- fere with the free use of the streets, alleys, roads and high- ays interseoted and in such manner as to afford security for ire and property and the Railroad shell restore said streets, lleys, roads and highways to their former state, or in a uffioient manner not to unnecessarily impair their usefulness. Section 3. That the trolley wires Shall be suspended t a height of not less than eighteen and one-half feet above he raise of said track. The said trolley wires shall be sus- ended from span wires, cross arms or supports attached to sub- Untie' wood, iron or steel poles or similar structures at • ..2,. • least as substantial and safe. Poles and supports for said wires, when boosted in the street, shall be placed adjacent to the curb line of the street, Consent and permission is also given to the Railroad to connect its said wires with its power houses, stations, substations, transmission lines and sources of electric supply. Section 4. The Railroad may make all necessary open- ings in said streets, alleys, roads and highways for the pur- poses aforesaid and when making such openings and construoting or repairing its said track on and across said streets, alleys, " roads and highways, it shall by signal and otherwise do all things necessary to protect the public from injury, and to pre- vent any injury to persons or to property, and shall save and hold harmless said City from all damages, eons and expenses which said City shall be compelled to pay as the result of any 'rr default, oareleseness or neglect of the Railroad in the con- struotion, maintenance and operation of its said track on and Ig across said streets, as hereby authorized and permitted, pro- .r vided, however, that said City shall promptly notify the Railroad of any suit brought against said City. , Section 5. This agreement shall constitute an indeter.- minete permit under and pursuant to the terms and provisions of the Public Service Commission law of the State of Indiana, and in the event of the repeal of said law this agreement shall extend for and during the term of twenty-five (25) years from and after the date that the repeal thereof becomes effective, but it is expressly agreed between the parties hereto that the ie permit and authority hereby granted to said Railroad is not and shall not be exclusive in said Railroad except as to the parte of the streets, roads, ways, avenues and highways herein mentioned actually occupied b. the track of said Railroad under Y A by -3- ` I and in accordance with the provisions hereof and that said City hereby expressly reserves full right, authority and power to permit, authorize and empower other companies, corporations and persons to construct, maintain and operate railroads, street railways and interurban railroad tracks together with all proper and requisite overhead construction work, poles, wires, egipment and appliances upon 'and along the parts of the streets, roads, ways, avenues and- highways herein mentioned not actually occupied by the track of *aid Railroad under and in accordance with the provisions hereof. Section 6. This agreement and all of its terms and pro- •visions shall be binding on and inure to the benefit of the parties hereto and their successors and assigns respectively, and shall be in full force and effect from and after the date oY its being approved by ordinance duly adopted by the Common Council of said City of South Send, IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. PITY or soum atND trt4 .7 7 its :, , d o rublto *arks. ATTEST: ,/Jc Oler CHIOAUp r SOUTH 3Hn1TE AND SOUTH BEND RAILTRy r ATTEST, r is roe=" resl• t fret eSe arr -4-