South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-06-03

and assigns. shall not ObStruCt the
free passage of persons or vehicles
so as To cause danger or inconven-
fence, and shall in all cases when a
train is going out or coming in,
ring the bell so as TO give notice of
its arrival or departure.
The right and privilege herein
granted to construct. maintain. and
operate an industrial spur track
shall include the right 10 construct.
maintain. and operate a single or
double track with such sidetraCks,
switches, turnouts and CrOsSOVers as
may be necessary. provided. how
ever that the New Jersey Indiana
& Illinois Railroad Company. its
successors and assigns. shall not for
any purpose cross any street with
more than two tracks without fur
Their consent Of the City, but no
Crossover or turnout shall be CON
structed or maintained in any exist
ing or future street.
The said company shall file a bond
in the office Of the City Controller
within sixty days after the passage
OF an ordinance by the Common
Council Of the City Of South Bend,
ratifyinE and confirming this con-
tract. which bond shall be approved
by the mayor of the City of South
Bend, and shall be in the penal
sum of one thousand (S1.OOO.0O)
dollars which bond shall be condi-
toned upon the completion OF its
tracks by said Company within the
City OF South Bend. within one year
from the passage of an ordinance
ratifyinE this contract and upon
failure so 10 do. that the said bond
shall be forfeited anc all the rights
-ft 10
granted 10 the said Company shall
be forfeited and shall revert TO the
City of South Bend. provided. how
ever that If the New Jersey. In
diana & Illinois Railroad Company
is prevented from completing its
tracks by litigation or causes be-
yond its control. an extension OF
time equal 10 the length Of neces-
sary delay so occasioned shall be al
lowed said Railroad Company
To each Of the terms. conditions.
provisions. stipulations, and require
ments Of this contract the City Of
South Bend. by and through its
I Board OF Public Works. party of the
first part herein, and the said New
Jersey, Indiana & Illinois Railroad
Company. party of the second part
herein. do fully agree 10 and do
bind themselves their successors and
assigns.
The City shall have the right at
all times 10 extend streets and alleys
over and across said right OF way
ds above described. and the yards of
said New Jersey. Indiana & Illinois
Railroad Company. its successors
/ and assigns all without liza bility for
damages. which damages, il any. are
/ hereby waived by said company as
"a part consideration for the granting
OF this permission.
8. The permission hereby given
shall be subject 20 the approval and
confirmation OF the Common Council
Of the City OF South Bend.
AND. BE IT FURTHER RE
| SOLVED. by said Board OF Public
Works. that Saturday. the 18th day
Of June 1920. at o'clock a. NJ
al the Office OF said Board OF Public
/ Works in the CAy OF South Bend.
/ Indiana. be fixed as the time and
place when and where this resolu-
ton shall be finally considered and
/ n public hearing thereon shall be
I had. and at which time protests
I against any or all Of the provisions
\ Of said resolution shall be heard and
| considered. and that notice OF the
( time and place OF such hearing shall
be given as required by law.
In testimony whereof. we have
/ hereunto set our hands and seals
/ this 2nd day OF June. A. D.. 1920. in
/ duplicate
THE CITY OF SOUTH BEND.
BY G. a ELLIOTT,
HARVEY r. ROSTISER.
JOHN r. DeHAVEN.
Board OF Public Works
Of City.
NEW JERSEY. INDIANA e.
ILLINOIS RAILROAD CO.
BY T. a HYNES.