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HomeMy WebLinkAboutRatifying, Confirming & Approving a Contract between Board of Public Works and Chicago, South Shore & South Bend Railroad ORDINANCE No. i 6 °� Pc , Passed by the Common Council of the City of South Bend, Indiana, -. i'L 192 7.. i Attest: .Z ss " >77 Atia P City Clerk. f / Attest: ea.A ._ ' 1 d ' A_ President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana ii 6 1927. ,/ata * i ��City Clerk Approved and signed by me —/l 192' r i� G %_ ..s . Mayor J I AN ORDINANCE RATiFYING, CONFIRMING AND APPROVING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO i 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 CON- STRUCT AND MAINTAIN CERTAIN INDUSTRIAL SPUR TRACES ACROSS THE FIRST ALLEY WEST OF OLIVE STREET RUNNING NORTH AND SOUTH AND PARALLEL TO OLIVE STREET IN THE CITY OF SOUTH BEND, S't. JOSEPH COUNTY, INDIANA. 1 WHEREAS, heretofore, to wit: on the 16th day of 1 August, 1927, the City of South Bend, by and through P its Board of Public Worxs, entered into the following 1 contract and agreement with the Chicago, South Shore and South Bend Railroad, i.e. : I I !, I 1 1 ■ 1 t A G R E E M E N T 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 I of Public Torks and Chicago , South Shore and South Bend Railroad, an Indiana corporation, TITNIESSETH: That the Denartent of Public ': orks 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 indus- trial spur railroad tracks within the City of South Bend over , upon and across the alley running north and south between Olive and Carlisle Streets, immediately north of Orange Street in the City of South Bend as shown upon the blue print attached hereto, made a part hereof and marked Exhibit A. This grant is made anon the express condition that the spur track or tracks now existing on said alley at the present time shall be removed contemporaneously with the construction of said two s-our tracks, and upon the further express condition that said two spur tracks across said alley shall be constructed so as to conform with the established grade of said alley and upon the further express condition that said Chicago, South Shore and South Rend ?.ailroad shall plank the street between the rails of said tracks and for two feet on the outside 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 alley 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. Eothing in this contract shall be construed, however,. to uleaol tnat there shall oe any change in the present right-of-way track of said railroad. IN `"'I"TIIESS 7 EREOF the Department of Public "Forks, acting for and on behalf of the City of South Bend, has caused this a-;reeement to be executed by its ' l the duly authorized officers on e L/p day of � 1 227 , and the said Chicago , South Shore and Sou h Bend Railroad has hereunto caused its name to be subscribed. DEPARTLE_'T OF PUBLIC '. ORKS By D-! . sl., , ��' 4-e CHICAGO , SOUTH SHORE & SOUTH u .,T?'?D RAILROAD By a _ 4— - • • 1 AND WHEREAS, said contract and agreement has been submitted by the Board of Public Works of the City of South Bend to the Common Council of said City for its action and consideration: THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend that the foregoing contract and agree- . ment made and entered into on the 16th day of August, 1927 by the City of South Bend, by and through its Board of Public Works 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. / / 7 j (, Me • : r of the Common Counci .