The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1919-06-18
LEGAL NOTICE

I
Notice is hereby given that the
Board Of Public Works Of the City OF
Richmond, Indiana, intends to enter
into a contract with The Starr Piano
| Company, a Corporation, authorizing
| the construction and maintenance OF
a railroad switch track in, upon, along
and across a portion Of South First
street, public street In said city, and
that the exact form in which such
grant and contract is to be finally
adopted and executed is as follows,
i to-wit:
| This contract and agreement this
| day made and entered into by and be-
tween the City Of Richmond, Indiana,
by it's Board of Public Works here
after designated said City, and The
Starr Piano Company, a Corporation
of said City, its successors or assigns,
| hereafter designated second party,
| witnesseth as follows, to-wit:
| WITNESSETH, That said City
hereby grants to said second party
the right to build, construct and
maintain a railroad switch for its
use in conducting and operating its
business in said City. The center
line Of which track shall be as nearly
as practical as follows:
Commencing in the property line Of
|
South First Street, so feet more or
less north of the n. E. corner of the
Administration Building of said Sec
ond party; thence angling Southwest
wardly to the center line of said South
First Street; thence Southwestwardly
over, along and upon said center line
of said South First Street and follow
ing said center line of said South
= First Street for distance of 700 feet,
more or less.
4 Said switch track shall be con-
structed and maintained at all times
so as to conform with the present
grade of said South First Street and
: the top of the rails of said switch
track shall be laid even and flush
with the surface Of said street as the
: same Is now established or as the
same shall be hereafter changed or
: established Said party Of the sec
l ond part, its successors or assigns,
!. shall at all times keep and maintain
> said street occupied by said switch
: track and for Is inches on the out
) side of each rail thereof, in proper
= and safe condition at its own expense
/. and in the event that said City shall
t desire to permanently improve said
} South First Street, then and in that
: event the said party of the second
S0SSCG6o4o
: at its own expense permanently i'm
/ prove that part and portion Of said
street occupied by said switch track
and for Is inches outside Of each rail
with the same kind of permanent
street improvements as said City
shall adopt for the remainder Of said
! street. Said party of the second part,
its successors or assigns, promises
: and agrees to save said City free and
harmless from any and all lien liza
: bility arising from the construction,
r use or maintenance Of said switch
Y track or from any defect in said
: street which is occupied by said switch
+ track and for Is inches on either side
j. thereof. 1t is further agreed and un-
i derstood by and between the said
: parties hereto that in the event that
said second party shall fail or neg
e | lect to keep and maintain said street
4 occupied by said switch track and
{ for Is inches on the outside Of each
= rail thereof in proper and safe condi-
J., ton, or in the event that said second
/; party shall violate any of the other
:; terms and conditions OF this contract
q or grant them and in either of such
= events, said City shall have the right
i and authority to cancel and annul
: this contract by order of this Board
r Z
; tuted authority of said City, and after
. the adoption of any such order an
;, nulling said contract, said party of
: the second part. its successors or as
= signs shall not have any right, privi-
lege, or authority to- use said street
= for any of the purposes herein named
- and contemplated. In the event that
= said switch track is removed from
- said street for any purpose or by any
= authority whatsoever, said party of
- the second part, its successors or as
- signs shall Immediately thereafter al
its own expense place said street as
70 occupied by said switch track in a
proper and safe condition for public
travel. 1t is further agreed that said
u City specifically reserves the right
and power to direct the removal OF
le and to remove the said switch track
y at any time hereafter when said City
8 may deem such removal necessary OF
beneficial to said City or to the pub
lie interest. And in the event said
switch track Is removed or caused to
|. be removed by said City for any OF
e the purposes herein contemplated
said City shall not be liable to said
'e second party, its successors or as
xt signs, for any damages or any damag
n es asserted or claimed to be occas
" toned by such removal or for the val
ue of said second partys property il
Y, said track.
b. Said Board of Public Works will, OF
s. the Bird day Of July, 1919, at its office
e. in the City Building in said City OF
ID Richmond at nine o'clock A NJ hold
r, public hearing upon such contract
I'd at which time any tax payer of saii
tn City may bring and file protes /
against any or all of the provisions Of
s. such grant and contract and enter and
e. file any other or further legal objec
h ltions thereto.
k. VIM. STEVENS, City Clerk.
June 1871