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HomeMy WebLinkAboutApproving a Franchise, Grant and Contract with Chicago, South Shore and South Bend Railroad ORDINANCE No. a r3ciP' Passed by the Common Council of the City of South Bend, Indiana, - 1D 19-iD . Attest: 6.. 1 527( C 9) -- City Clerk. Attest: -a-Sr ' °ter President of Common Council. r Presented by me to the Mayor of the City of South Bend, Indiana roc Qom , � a 1929 D. �ior =4 Al #a .1 � ity Clerk Approved and signed by me / R_.__ __ 191 a <�U- - C ' f,:y Mayor t!' 7 )31:11;3\14RE 134Ittefl,;(.,.. 4 V '; -"Z 1;7 SOUTHL „ 4., cc, <*. " AN-QaDIXANG$,,ARpqap...Nci ,A ,Fp.A.NOHTS4, ..pRANT AND CONTRACT l'itta-Oiqnide'r:'SbUTPPISIRORE, soutil itstrn -7P_ArtaR :ttett..2.:44 .;.,7f •Q1: t $-t. ‘k ,.„,':: v..1' t r;TP.: he..4e o f gsid t9-171.tk,zeoLthc 18th day of February, Ag , thR2Qity o„t,pc uthnA?y, and, throgyi1„t s Board of publ -rlopkstg,,,elittgredd in:co thp..fo32.1ow.i.ng,..contract 7.1.th the:,Chicago, South Shen fad,gouth Bent12213.34.1.;oaci„,7.R4 Ihcluifea.,79.9rp9Ta.t).9;71,...??.771,,t.1 , I:) - h _ ' -;:717) ' ti CrIT,ot,-; 0 z:12 - t Sit .a",c3. trp ate tc .,.5_ stantial and safe. Poles and supports for said wires, when lo- cated in the street, shall be placed adjacent to the curb fins of the street. Consent and permission is also given to the Railroad to sonnsot its said wine with its power houses, stations, sob- stations, transmission lines and sources of electric supply. Section 4. The Railroad may make all necessary openings in said streets, alleys, roads and biglways for the purposes afore- said and when making such openings and oorstruo.tion or repairing its tracks on and across said streets, alleys, roads.. and highways, it shall by signed and otherwise do all things necessary to protect the public from injury, and to prevent any injury to persons or to property, and shall save and hold harmless said City from all dam- ages, costs and expenses shies said City shall be compelled to pay as the result of any default, carelessness or neglect of the Rail- road in the oonstra4tion, maintenance and operation of its tracks on and across said streets, as hereby authorized and permitted, provided, however, that said lity shall promptly notify the Railroad of any suit brought against said City. Seaton S. This agreement shall oanstitute an ingots:- mi$ate permit under and pursuant to the terms and provisions of the Publie Serviee Commission Law of the state of Indiana, and in the event of the repeal of said law this agroomont snail extend for and during the term of twenty-five (Ss) years from and alter the date that the repeal thereof becomes efieotivs. Section S. This agreement and all of its terms and pro- visions shall be binding on and inure to the benefit of ties parties hereto and their successors and assigns respectively, and shall be -4- in full force and effect from and after the date of its being approved by ordinance duly adopted by the Qnmmon cotunoil of said City of South lend. Ib wITJ.n$68 Wm:MY, the parties hereto have hereunto set their bands and seal* the day and year Mast above written. CCITY OF B0UTR HBO BY . 7 �0. is so .' 'o Public to rics. ATxfl?= Its Olerk. Approved As To form CB.ICAGO; SOUTH SHORt AND 8I$1"y� Cooke, Sullivan & Rieke ' Vii.AD LrSri BY AgZ /to 710e-Prs: ident. AfTRBI; — p Pc Its 9tiorstary. WHEREAS, said contract has been duly submitted to the Common Council of said City for its consideration and action thereon: NOlS, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, in St. Joseph County, Indiana: Section 1. That the foregoing franchise, grant and contract dated the 18th day of February, 1930, 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 part, and the Chicago, South Shore and South Bend Railroad, an Indiana corporation, Harty 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 contract set 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. if // 0 Me ber o Co -on Council.