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REGULAR MEETING OCTOBER 14, 1974 <br />REGULAR MEETING - RECONVENED (CONTINUED) <br />RESOLUTION NO. 448 -74 (CONTINUED) <br />PAYMENT BY THE CITY TO O'BRIEN OF <br />$31,901.00, THE GRANTING BY THE CITY <br />OF A CERTAIN EASEMENT, AND OF THE <br />REMOVAL OF RAILROAD TRACKS BY O'BRIEN. <br />WHEREAS, the City of South Bend has appropriated funds for the construction of a <br />connector route between Colfax Street and Washington Street in South Bend, Indiana, over <br />the general route of Orange Street between Birdsell Street and Washington Avenue, the <br />South Shore right -of -way between Orange Street and Colfax Avenue, and Colfax Avenue <br />east of Studebaker Street; and <br />WHEREAS, it is necessary for the construction of this connector route that <br />railroad service by the Chicago South Shore and South Bend Railroad over the general <br />route as above described, be discontinued and said railroad tracks abandoned and removed; <br />and <br />WHEREAS, the Chicago South Shore and South Bend Railroad has agreed to discontinue <br />its rail service over said tracks and to abandon said railroad tracks in place. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana: <br />SECTION I. That the contract entered into between the Civil City of South Bend, <br />Indiana, and The O'Brien Corporation, on the 14th day of October, 1974, for the payment <br />of $31,901.00 by the City to O'Brien for the acquisition and reconstruction of railroad <br />facilities to serve its plant and the reconstruction of its plant facilities, and the <br />granting of an easement in Orange Street by the City to O'Brien for the servicing of <br />its plant facilities, and the abandonment of rail service by the Chicago South Shore and <br />South Bend Railroad to the O'Brien plant, and the removal by O'Brien of the South Shore <br />railroad tracks as the same are abandoned, and the granting of salvage rights by the <br />City to O'Brien in said railroad tracks, is hereby approved and confirmed. <br />SECTION II. This Resolution shall be in full force and effect from and after <br />its passage by the Common Council and its approval by the Mayor. <br />s/ Walter M. Szymkowiak <br />Member of the Common Council <br />A public hearing was held at this time on the resolution. Mr. Rollin Farrand, Director of the <br />Department of Public Works, explained that the contract provided for payment to O'Brien for the <br />acquisition and reconstruction of railroad facilities and the granting of an easement in Orange <br />Street, the abandonment of rail service, and the granting of salvage rights to O'Brien. <br />Councilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Newburn. The <br />resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, <br />Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). <br />RESOLUTION NO. 449 -74 A RESOLUTION TRANSFERRING $240.00 <br />FROM ACCOUNT 265.0, "OTHER CONTRACTUAL <br />SERVICES ", TO ACCOUNT 242.0, "PUBLICATION <br />OF LEGAL NOTICES ", BOTH WITHIN THE SERVICES <br />CONTRACTUAL ACCOUNT, AND $150.00 FROM <br />ACCOUNT 360.0, "STATIONERY AND PRINTING ", <br />TO 363.0, "OTHER OFFICE SUPPLIES ", BOTH <br />WITHIN THE SUPPLIES ACCOUNT, ALL ACCOUNTS <br />WITHIN THE BOARD OF WORKS BUDGET OF THE <br />GENERAL FUND OF THE CITY OF SOUTH BEND, <br />INDIANA. <br />WHEREAS, certain extraordinary conditions have developed since the adoption of <br />the existing annual budget, so that it is now necessary to appropriate more money than <br />was originally appropriated in the annual budget for the various functions of City <br />Government to meet such extraordinary conditions; and <br />WHEREAS, additional funds are needed for Accounts 242.0, "Publication of Legal <br />Notices ", and 363.0, "Other Office Supplies ", to enable the Board of Works Department <br />to properly perform its functions; and <br />WHEREAS,,a surplus exists in another account where it is not presently needed. <br />This surplus is shown more specifically as follows, to -wit: <br />$240.00 in Account 265.0, "Other Contractual Services" <br />$150.00 in Account 360.0, "Stationery and Printing <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: <br />SECTION I. That the Account 265.0, "Other Contractual Services ", be reduced by <br />$240.00 and be appropriated and transferred to Account 242.0, "Publication of Legal <br />Notices ", and Account 360.0, "Stationery and Printing ", be reduced by $150.00 and be <br />appropriated and transferred to Account 363.0, "Other Office Supplies ". <br />SECTION II. This Resolution shall be in full force and effect from and after <br />its passage by the Common Council and its approval by the Mayor. <br />s/ Walter M. Szymkowiak <br />Member of the Common Council <br />