HomeMy WebLinkAboutRatifying, Confirming and Approving a Contract between Board of Public Works and Chicago, South Shore and South Bend Railroad •
ORDINANCE No. e
Passed by the Common Council of the City of South Bend, Indiana,
S%• - �� ' � 1 192 7.
Attest: c ity Clerk.
Attest: 4r.att . . a President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
6Z 1927.
//mac >7if-2---2-3-112e--- City Clerk
Approved and signed by me > .-i �- _192/
Mayor
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AN ORDINANCE RATIFYING, CONFIRMING AND APPROVING
A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED
INTO BETWEEN THE CITY OF SOUTH BEND, BY AND THROUGH
ITS BOARD OF PUBLIC WORKS AND THE CHICAGO, SOUTH SHORE
AND SOUTH BEND RAILROAD, AN INDIANA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, WHEREBY SAID CHICAGO, SOUTH
SHORE AND SOUTH BEND RAILROAD, ITS SUCCESSORS AND
ASSIGNS, IS GRANTED THE RIGHT AND AUTHORITY TO CONSTRUCT
AND MAINTAIN CERTAIN INDUSTRIAL SPUR TRACKS ACROSS
OLIVE STREET IN THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA.
WHEREAS, heretofore , to wit: on the 16th day
of August, 1927, the City of South Bend, by and through
its Board of Public Works, entered into the following
contract and 'agreement with the Chicago, South Shore and
South Bend Railroad, 1. e. :
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AGREEMENT
This Agreement made and entered into by and
between the City of South Bend, an incorporated city
of the State of Indiana, by and through its Department
of Public '::or'ks and Chicago, South Shore and South Bend
Railroad, an Indiana corporation, WITNESSETH:
That the Department of Public works of the
City of South Bend, Indiana, does by this agreement,
grant to the Chicago, South Shore and South Bend Railroad
authority to construct, maintain and operate two
industrial sour railroad tracks within the City of
South Bend, over , upon and across Olive Street as
follows:
The first of said spur tracks shall begin at a
point on the west line of Olive Street a dtt feet
north of the northwest corner of Olive Street and Orange
Street in said city; thence across Olive Street in a
southeasterly direction, all according to the blue print
attached to this contract and to the petition for said
grant and as indicated thereon.
The second of said spur tracks shall begin at a
point on the Test line of Olive Street ^:7itit4 C4. feet
-north of the northwest,rest corner of Clive Street and Orange
Street in said city; thence across Clive Street in a
southeasterly direction, all according to the blue print
attached to this contract and to the petition for said
grant and as indicated thereon.
This grant is made upon the express condition
that the sour track nor existing on Olive Street to
the north of the right-of-way of said Railroad shall be
removed contemporaneously with the construction of said
two spur tracks, and upon the further express condition
that the said two spur tracks across Olive Street shall
be constructed so as to conform with the established
grade of said street and 'non the further express condition
that said Chicago , South Shore and South Bend Railroad shall
plank the street between the rails of said tracks and
for two feet on the outside of said rails with Planks
not less than two inches in thickness, which shall at all
times be kept securely in place and to the grade of said
street and shall in the maintenance of said tracks in all
things comply with the laws of the State of Indiana and
ordinances of the City of South Bend.
IDi ' I`PzESS 7H3RF,OF the Department of Public forks,
acting for and on behalf of the City Of South Bend, has caused
this agreement to be executed by its duly authorized
• officers on the /L day of „, _d , / , 1°27, and the
said Chicago , South Shore and South Bend Railroad has
hereunto caused its name to be subscribed.
Department of Public/7orks,�
BYC%�V Y N/
Chicago , South Shore & South Band Railroad
By 10S-1.15X.--rt-e-cr-
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AND WHEREAS, said contract and agreement has
been submitted by the Board of Public Tons of the City
of South Bend to the Common Council of said pity for its
action and consideration; THEREFORE,
BE IT ORDAINED by the Common Council of the
City or South Bend that the foregoing contract and agree-
ment made and entered into on the 16th day of August, 1927
oy the City of South Bend, by- and through its Board of
Public Worts and the Chicago South Shore and South Bend
Railroad, its successors and assigns, be and the same is
hereby in all things ratified, confirmed and approved.
\/ to Member of the Common Council.
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