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695
<br />The Board met in regular session at 10 A. M. All members present.
<br />In the matter of the petition for franchise by the Northern Traction Company
<br />the Board after a number ofconsul.tAtions with Mr. Wight, the representative of the
<br />company firm that the route proposed is impracticable and the said company is re-
<br />quested to file an applicationtoenter the city over the route properties of the
<br />ChicagoandIndiana Air Line Company under the terms of the franchise of the latter
<br />company, and the Board hereby suggests that such an affliction would receive favorable
<br />consideration from this body -
<br />Contract & Franchise entered into with the New Jersey, Indiana & Illinois
<br />Railroad Company extending privelege of constructing its steam railway tracks into the
<br />city in the South-westerly portion,. which said contract is set out in full as fol -,ows;-
<br />THIS AGREEMENT, Made this 23rd day of January, A.D. 1904, by and b6tween the
<br />City of South Bend, by and through its Board of Public Works, party of the first part,
<br />and the New Jersey, Indiana & Illinois Railroad Company, a corporation organized under
<br />and by virtue of the lags of the State of Indiana, as part of the second part:
<br />WITNESSETH: for convenience, the New Jersey, Indiana & Illinois Railroad Company
<br />its successors and assigns, will hereinafter be spoken of and designated by the work
<br />"Company".
<br />ARTICLE 1.
<br />That the said party of the first part does h.ereb y Zrant unto said -Company,
<br />subject to any laws and ordinances now in force, or hereinafter enacted or put in.force
<br />as police regulations, authority and permission to construct, maintain and operate its
<br />railroad, emb racing its maim and side tracks within the limits of the City of South
<br />Bend, Indiana, upon the profile adopted by said Company, and substantially upon the
<br />following route, to -wit: Entering the said City of South Bend, on the Vest of the, South
<br />Westerly b oundry at the South.Westerly corner of Gorsuch's Fourth Addition to,the
<br />City of South Bend, thence North Easterly paralleling the -Grand Trunk Western's Right
<br />of Way along its North Westerly side to a point not farther East than the second North
<br />and South alley East of Kosciuszo Street, all as shown on the above mentionee profile b
<br />to be adopted by the said Company, a copy of which is to be filed in the office of the
<br />City Engineer before b egirming the construction of.its tracks within said City.
<br />ARTICLE 2.
<br />This grant is made subject to the private rights of the owners of real estate over
<br />which said railroad may be located, and upon the express condition., thatArhen:.saiddraill
<br />road crosses any street or alley it shall be made to conform s trictly to the grading
<br />of such street_or alley as_heretofore established, or as'the same may be hereafter
<br />established by the City authorities unless the Council upon application, of said
<br />Company shall consent to variation of said grade.
<br />ARTICLE 3.
<br />At all street crossings the said New Jersey, Indiana & Illinois Railroad Company,
<br />its successors and assigns, shall so cons tract its said railroad as to cause the least
<br />obstruction possible co the passage of persons or vehicles and shall always maintain
<br />said crossings so as to make the same safe and convenient for the passage :f persons
<br />and vehicles, and shall at all times when required by the C ommon Council of the City,
<br />at its own expense put on flagmen at any and all of the said crossings. And said
<br />Company, its successors and assigns shall always make and maintain under the line of its
<br />railroad within this city sufficient culverts and drains to admit of the free passage
<br />of water along the streets and alleys affected in any manner by the construction
<br />of said railroad.
<br />ARTICLE 4.
<br />If said Railroad Company, its successors and assigns, after notice fail or refuse
<br />to do any and all cf the things required by this ordinance then the same be done
<br />under the orders of this Council by the Street Commissioner of this City, and the
<br />espense of doing the same, with penalty of twenty percent be recovered from said
<br />Company, its successors and'assigns in any Court of competent juriddiction.
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