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HomeMy WebLinkAboutRatifying & Confirming a Contract made between Board of Public Works and New Jersey, Indiana & Illinois Railroad Company ORDINANCE No. X77 Passed by the Common Council of the City of South Bend, Indiana, tzt o °g 192 . O � Attest: ' ( 71 -h-e-2__ City Clerk. Attest: a s o% President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana 675e 192 9 (P6?-t- City Clerk Approved and signed by me y re— _ 192 7 Mayor CLAAALto-An_ee_ $ 619131)41 . r 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 r PUBLIC WORKS , AND THE NEW JERSEY , INDIANA & ILLINOIS RAILROAD COMPANY , A CORPORATION ORGANIZED AND EXISTING r UNDER THE LAWS OF THE STATE OF INDIANA , E WHICH CONTRACT RELATES TO THE CONSTRUCS TION, MAINTENANCE AND OPERATION OF AN E: ADDITIONAL TRACK ACROSS SAMPLE STREET IN THE CITY OF SOUTH BEND, INDIANA I; e WHEREAS , the attached contract and agreement has been [ submitted by said Board of Public Works of said City of • South Bend to the Common Council of said City for its consid.er- il ation and action thereon: NOW THEREFORE: Section 1. Be it ordained by the Mu ; Common Council of the City of South Bend , Indiana, , that . contract a d agreement made and entered ihto on the day of , 1929, by the yCity of South Bend , Indiana, by and through its Board of Public Works and the New Jersey , Indiana & Illinois Railroad Company, a corporation organized end existing under the laws of the State of Indidna, r attached hereto and made a part hereof , be and the same is • hereby in all things •ratified , confirmed and approved. a a - Section 2. This ordinance shall take effect and be in full force, from end after its passage. G -3 , � . , -� ' 31 'eke, I , r-(21 t k j z a r e r k F • IN THE MATTER OF THE PETITION OF THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY FOR PERMISSION. TO CONSTRUCT , MAI 'TAIN AND OPERATE AN ADDITIONAL TRACK ACROSS SAMPLE STREET IN THE CITY OF SOUTH BEND R E S O L U T I O N RESOLVED, that the Board does now ratify and confirm the above and foregoing resolution and that the same be certified to the Common Council of the City of South Bend , and that it be and it is hereby recommended that said Common t." Council pass an ordinance confirming said contract in the follow- ing form, to—wit: .0 T I OZ Notice is hereby gives that the Board of Public Works of the City of South Bend, Indiana, in the matter Of the petition of the New Jersey, Indiana & Railroad Company for permission to construct, maintain, and operate an additional track across Sample Street in the City of South Rend, has determined upon the exact form in "which aide proposed franchisee or permisabn will be considered and adopted add_ has fixed a time and place for public hearing on the pro- visions of said graent or franchise and any-pro eats filed against said Owen, or franc "seG or any provision thereof e form, of sa id ranchise ar permission - together with the ti a `place -of .said.,hearing is set forth in the following resolution, to.-wit;: IN THE-MATTER OF THE PETITION OF. THE NEW JERSEY, INDIANA & ILLINOIS RAILROAD COMPANY ton Int- . MISSION TO CONSTRUCT MAINTAIN AND OPERATE AN ADDITIONAL TRACE'ACROSS SAMPLE STREET IN THE CITY OF SOUTH BEND, R E S O L U T I O N RESOLVED, By the Hoard of P lic Works in the City of South Bend Indiana that the petition of the New Jersey, Indiana & Illinois Railroad Company heretofore filed asking for permission to construct maintain and. -operate an a dditional `track across Sample Street as hereinafter further set forth be and the same is hereby granted, on the following terms -and conditions, to-wit. 1. Said additional track shall be constructed on lands owned by the New Jersey, Indiana & Illinois Railroad Cokpany and shall cross Sample Street at grade. 2. Said additional track shall be constructed maintained, • used and operated according to the terms of the franchises heretofore granted to the said New Jersey, Indiana & Illinois Railroad Company, which said -franchises were contained in an ordinance adopted on the 28th day of February, 1904, and all ordinances amendatory thereof or supplemental thereto. 3. The said New Jersey Indiana & Illinois Railroad Company, its successors and assigns snail so construct its said tracks,as to . cause the least obstruction ppossible• to t e n _ paesage-af pnrs©ns`anet vehicles and shall always- maintain Persons ;so as to make 'the same safe and convenient far the passege;:of persons and veitioles, and said company, its successors and assigns shall take and maintain under`its said tracks, sufficient sufficient ettlyertcand drains to admit- the free passage of water along *add Street, and shall when required by said City -plank said tracks between tails the Entire width of said_street' and shall when so required also, Plait the sidewalks where they cross such tracks and shall keep such crossings when so made in good repair and condition; 4. If said "Railroad Company, its successors and assigns, after notice, shall fail or refuse to do any and all of the things required by this contract then the same shall be done under the orders of the Council by the Street Commissioners of this City and the expense of doing same with a penalty of twenty (2O ) per cent. be recovered from said Company, its successors and assigns, in any court of competent jurisdiction. = 5. The said Railroad -Company, its successors and assigns, shall be subject to all ordinances and regulations now -in force,or any that may be hereafter passed by the $ommen Council of said City in relation to the speed of trains in or through the City and the security of citizens and others from the operation of trains in or through said City and to all reasonable regulations and ordinances concerning the running and operation of railroads in said City. B. To each of the terms, conditions, provisions, stipulations and requirements of this contract the City of South Bend, by and three its Beard of Public Works party of the first part herein and the.said New Jersey, Indiana & Illinois Railroad Company party of theeond part herein. do fufly agree and do bind themselves, t as heir successors and assigns. 7, The pentad= hereby given shall be subject to the approval and confirmation of the Common Council of the City of South Bend. AND, BIT FURTHER RESOLVED, by said Board of Public Works tut Wednesday, the 110th day of July, as at 7:30 o'clock P.R. at the office of said Board of Public Works in the Ci of South Bend, Indiana, be fired as the time and place when and where this resolution shall be finally considered and a public bearing thereon shall be had, and at which time protests against any or all the provisions of said resolution shall be heard and considered, and that notice of the time and place of such hearing shall be given as required by law, IN TESTIMONY F we have hereunto set our hands and Beale this 25th day of June, 19a, in duplicate. THE CITY OF SOUTH BEND BY . p p vxmt RALPH Nt SUSS JOHN $. SMOC@R BOARD OF PUBLIC WORKS OF CITY. J U L 101929 NEW JERSEY INDIANA & ILLINOIS RAILROAD '! 31: nkle it . CdYPANY .T.ohn-Z4.0-gpreger By T. A, NINES y-° Ra1Dh H. !Cu President ATTr3T D: C rk of the Board