07/01/1930 Board of Public Works Minutes

Home Browse Search

Tue slay , July Ist. , 1930 . sufficiently low as not to effect the said basement; that a portion of said buildings cannot be lowered or rebu _lt to make the same adequate for business purposes; that said plans and seecifications the.-efore.for reasons herein stated are unfair, unjust and un- reaso#able, and does.not represent the chepest and best plans that can be adopted for accomplishing the proposed improvements; that the plans should. be modified and that the New York Central Railroad Company should be required to elevate its tracks above the grade of said street to a sufficient hetFhth that the depression in the street make proper clearance under and trrough said sub way which reduced to a minimum the damages to the real estate of the undersigned, which is immediately adjacent and contiguous to said imnrovementsh to that the tracks of the railroad" company be elevated where the same -crosses Division 6treet , approximately six feet in order to make said proposed work approach feasible and to at least attempt to render the buildings of the undersigned adjacent to said proposed improvennnt s, reasonably udeful. We the undersigned further represent s tha.t heretofore as a part of the same general elevation his property and buildings have been subjected to damages by reRson of the elevation by raising the grade of the right of Tay of the New York Central eilroad Company which the lieu Fork Central Tracks are located on and that he is being subjected to further and additional damages which if said plans -and specifications ere pursued and said construction completed will completely damage and ruin the real estate and improvements thereon of the undersigned. MEREFORE, the undersigne� remonstrates and prays that either the tracks where the same crosses Division Street be elevated as heretofore provided; that nofurther improvements of said intersection be discontinued and that he further remonstrates for reasons hereinbefore set _out; that his property will not be subjected to any more damage and inconvenience as hereinbefore set out, and that the proposed plan end improvements be discontinued. SAt,'i -TEL BURKE RESOLUTION APPROVING PLANS AND SPECIFI C^ TIONS MID ESTMATES FILED BY V1.RIOUS RAILROAD COMPANIES M CONNECTION WITH TRACK ELEV-�TT_ON RESOLUTION N0.5, AS Tv OD IFIED.9 ALSO ALLOT ENT OF WORK. The Board having under consideration the plans, specifications and estimates of cost heretofore filed on or before the I7th., day of June-I930, by the New York C.ntral railroad Company the Grand Trunk Miestern Railroad Company and. the New Jersey, Illinois and Indiana Railroad Company and the City of South Bend, Indiana, covering the work to. be done under IOW ified Tra ck Elevation Resolution No.S, and it appearing to the Board that notice of a hearing upon remonstrance thereto has been duly published as provided by law and that at least ten days written notice of such hearing has been served pn each of the stem railroads affected by the proposed grade separation, proof of publication and. service of notice is now on file in the o' ffee of said Board and comes now Anthony S. Buchholtz, J. P. Rozplochowski and Josephd)" Brambert and also Joseph Burke and file, theft written remonstrances. Said written remonstrances are now over ruled and it further appears that no other remonstrances have been. filed and that no other person, firm or corporation interested in or affected by such improve went and the cost there ar has in any way remonstrated against said plans, spe-cificati ons and estimates or any part thereof, the Board of Public works now approves and confirms all of such plans and specifications and allows the estimates so filed on the I7th. , day cif' June 1930, and the said Board nor makes its allotment of said work as follows, to -wit: I. That the New York Central Railroad Company shall do and pe all of the work inc lud ed within the plans, spe ci f is t ions and estimates filed by it. 2. That the Grand Trunk Western Railroad Company shall do and perform all of the work included wit1hiti the plans, specification and estimates filed by it. 3. That the New Jersey, Indiana and Illinois Railroad Company shall do and perform all of the work included within the plans, specifications and es- timates sled by it. 4. That the City of South Bend shall do and perform all of the work included within the plans, specifications and estimates filed by it. The Board further orders that all of said work shall be done as provided for in Modffded Resolution No.5 for Grade Separation and in accordance with the plans and specifications hereby approved and directs that such work be so planned and performd as to cause the least possible interruption of traffic and the least possible interruption or interference with any public utilities. Proofs of -_aublication in Neww Times and South Bend Tribune with affidavit signed by M. TP. Reed assistant publisher of the News Times and Charles E. Crockett Secretary of the South Bend Tribune, stating that notices of hearing on said plans and specifications'a& esti3w. tes were published on the 20th., day of June and on the 27th., day of June 1930"wen filed and placed on file with other papers in connection with this improvement resolution. ' (Insert see files f or proofs of publication.) The Board further sets the Ist. , day of September I930 as the date for commencement of the above work and the Ist. , day of beptember I93I as the E1 completion date for said work, subject, however, to any appeals which may be taken by remonstrators in the Circuit or Superior Courts and subject also to the final ratifieati�n of all pr oceed.ings. had in connection with Track Elevation Reso luti on No.S as modified, by the Common Council of the City cf South Bend. • E a • • 0