The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1919-09-19
NOTICE.

Notice is hereby given that on Mon
day, October 9Th, 1919, at 1890 o'clock
A. NJ, the Board of Commissioners of
Wayne County, Indiana, at their reg
ular meeting to be held in the Court
House in the City Of Richmond in said
county, will consider the matter of
granting to The National Automatic
Tool Company of Richmond, Indiana,
the following franchise:
WHEREAS. The National Auto
matte Tool Company of Richmond,
Indiana, has filed with the Board of
commissioners of Wayne County,
Indiana, its written petition praying
the right to construct double switch
track across South IN" and South IN"
Streets in Beallview Addition to Rich
mond, in Wayne Township, in said
county, the same to extend in a south
erly direction from the main line of the
Chesapeake & Ohio Railway Company
Of Indiana between Oakland and Sixth
Streets in said Beallview Addition, and
terminating at the factory of said COM
pany; And,
"WFNREAS, the needs of said COM
rany require such a switch track and
said county will be at no expense or
Liability in connection with the con-
struction or maintenance of the same,
wherefore, be it ordained by the
Board of Commissioners of Wayne
county, Indiana that the right is here
cy granted to said The National Auto
matte Tool Company, its successors or
assigns, to construct, lay and maintain
said double switch track across said
South m" and South IN" Streets in
said Beallview Addition between Sixth
Street and Oakland Street therein, said
track to be for the private uses of said
company, and this grant and franchise
is given on the express condition that
the County Of Wayne shall be at no
expense or liza bility in connection with
the installation or maintenance of said
track, and at no time shall be liable
for any expense in connection with the
same or for any matter or thing con-
nected with or growing out Of said
track or the operation of trains or
cars across the same. And in Install
ing said track said company shall re-
store said highways to as good condi
ton as the same now are, and any
wear or Injury to said highways caused
by said track and the operation of
trains or cars across the same shall be
repaired at the expense of said COM
pany.
1T is expressly provided that said
switch tracks are to be constructed by
Sdlu COIlpduy OI ITSJ CLASS uldleTldlS
and in a first class manner, said tracks
to be constructed and maintained at
all times so as to conform to the pres
ent grade Of said South IN" Street, the
top of the rails being laid even and
flush with the surface of said highway,
as the same is now established or may
hereafter be changed or established
Said company shall at all times
keep and ma intain said switch tracks
and for eighteen inches on the outside
of the outside rails thereof in proper
and safe condition at its own expense
1T is further provided that said
Board Of Commissioners reserves the
right and power to direct the remova!
of, and to remove, the said switch
tracks at any time hereafter when in
the interest Of the County or the public
the same shall be necessary, or on
account of express violations of this
grant by said company. And in the
event said switch tracks are removed,
or caused to be removed by said Board
for any of the purposes herein con-
templated said county shall not be
liable to said company, its successors
or assigns, for any damages, or any
damages asserted or claimed. to be
occasiOned by such removal or for the
value of said company's property in
said tracks. In the event that said
switch tracks are removed from said
highway for any such reasons said
company, its successors or assigns,
shall Immediately thereafter at its
own expense place said highway as
occupied by said switch tracks in a
proper and safe condition for public
travel"
At said time and place hearing will
be had at which any taxpayer Of the
county may appear and file protest
against any or all provisions Of said
franchise and grant.
w. HOWARD BROOKS,
Auditor of Wayne County, Ind.
Robbins, Keller & Robbins, Attys.
sept 10