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Tuesday, June I7th. , 1930.
<br />Whereas, on the first day of April 1930, said Resolution No-5 was
<br />modified by the filing and adoption of modified Resolution No.5; and
<br />Whereas, on the I8th., day of •February, 1930, a petition signed by
<br />more than fifty resident freeholders of the City of South amend was filed, petitioning
<br />the Board of Public Works to enter into an agreement with the rand Trunk Western Railr
<br />Company and the New York Central. Railroad Company (Illinois Division.) for divdBton of
<br />cost of all work necessary under said grade separation project, whereby the City of
<br />South bend shall pay thirty five (35) percent of the cost of the grade separation proje
<br />contemplated by -hesolutio# No. 5 as modified, pursuant to Section 2 of the.pter 165 of
<br />the Acts of the Gene ra 1 Adsemply of Indiana, a pp roved 114arch 9th. , 1927:
<br />Therefore, in consideration of the premises it is agreed:
<br />First: That the total cost of all work performed and materials
<br />furnished to carry out the grade separation between the tracks of the Grand Trunk
<br />Western-`ailroad and the New York Central ( Illinois Division) Railroad at Walnut St. ,
<br />i4cluding all work incidental thereto , as contemplated under Modified resolution No.50
<br />shall be divided and borne thirty-five (35) percent by the City of South Bend and the
<br />balance of sixty-five (65) percent by the Grand Trunk Western railroad Company and The
<br />"ew York Central. Railroad Company, is such proportions as they agree upon. The wcsrk
<br />involved in said grade separation shall inc lif e the excavation of existing embankment,
<br />the construction of approaches, pavement, sidewalks,, frainage and necessary changes
<br />in other City -owned facilities, and the construction of a steel and concrete railroad
<br />bridge for eight tracks, fige of which tracks will be Grand Trunk V+estern Railroad
<br />tracks, and three of which will be New York Central Railroad tracks.
<br />Second: No cost for detours fbr pedestrians or highway traffic,
<br />or policing same, shall be included in the joint expense.
<br />Third: Each party shall render to the other, at the end of each
<br />calendar month, a statement of the amount due for work completed, divided as hereinbef
<br />provided, and the party receiving such s tat ement shall pay the amount due thereon with
<br />sixty (60) days after receipt of the same, with interest after maturity, at the rate
<br />of six (6) percent per annum, provided, however, that no interest shall be charged on
<br />bills disputed and returned for further information or correction.
<br />Fourth: The City of South Bend shall vacate- and close that part of
<br />Harris Street which lies within the limit of the rights -of -way o-f Grand Trunk Western:
<br />Railroad Company and The New York Central Railroad Company, without any expense to the
<br />railroad companies.
<br />In order to facilitate the diversionof traffic from Harris Street,
<br />to the proposed subway in Walnut Street it is agreed that Huron -jtreet shall be
<br />paved between Harris street and Walnut btreet, and that the cost of such pavement shall
<br />be included as part of the costs of the project.
<br />Fif th : The City will save harmless and indemnify the Railroad Co*,
<br />against payment of any and all claims, costs and damages arising out of or resulting
<br />from the change of the grade of any street or alley in connection with the separation
<br />project. `
<br />In witness whereof the parties have caused their respective corpora
<br />names to be signet, and their corporate seals affixed hereto and attested by the hands
<br />of their duly authorized officers, on the day, and year first above written/
<br />ATTE S yD :
<br />W. E. TOTVTKINS SECRETARY
<br />0.41dI? TRUNK !E S TE RR? RAILROAD C OTC:' *TY
<br />BY GERAED RUEL VICE PRESIDEFT
<br />CITY OF 3DUT 17 EEND
<br />BY M. E. DOR N
<br />JOHN TK. SMO GOR
<br />R 4LPH I= . KDS S
<br />BO' RD OF PUBLIC M IKS . tr
<br />In the above named contract, the Board hereby orders that publication
<br />of same be made acco dingy to law on the 24th. , day of June and on the 27th. , day of
<br />June 1930 in the South -end Nears Times and Tribune. The Board further orders that tax
<br />payers he notified om said notice of their rights in filing a remonstrance and sets the
<br />8th . , day cf July 1930, at I0:00 A. M. , as the time when a hearing will be had on any
<br />and all remonstrances which may be f ile d within ten days after the date of the last
<br />publication of said contracts.
<br />City Engineer, H. G. Wray, submitted partial estimate No. I for the
<br />pavement of the alley east of Sheridan Avenue under ImprovemintResolution No.2340,
<br />in accordance with the terms of the contract between Frame and Zimmer Contractors and
<br />the City. The Board signed and approved same in the amount $I,792.65.
<br />City Engineer, E. G. Wray, submitted partial estimate No.I for the
<br />pavement of the alley west of Scott Street under Improvement Resolution 1io.2350 in
<br />accordance with the terms of the contract between Frame and Zimmer Contractors and the
<br />City. The Board signed and approved same in the amount of 1,918,45.
<br />s City -gineer, 7. G. Wray, submitted a report on the remonstrance
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