02/19/1924 Board of Public Works Minutes

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Tuesday February 19, 1924. Continued, 7. That the provision of the resolution passed and a-opted'by the Board of Public Works providing for depression and track eleva ion at High Streets Is erroneous in this: that the depression of the street surfa e at H gh,St,rett shouldd be .,a1A lahere the same crosses under the proposed eleva ed tracks of the remonstrator to a depth of nine (9) feet, and the tracks of Th New York Central Railroad Company should be lowered correspondingly as the depression of said street is increased. S. That the depression provided by the said resolutiazi for Sample and Rush Streets should be lowered.at the intersectio4 of Rush and Sample Streets at the point directly under the elevated tracks of this remonstrator, and as the street level is lowered, the tracks of The New York Central Railroad Company, as pro- posed to be elevated, should be lowered correspondingly,. thus ..enabling THE New `York 'Central Railroad Company to makea proper and reasonably efficient grade of its said tracks to the East of said elevation. g. That this remonstrator objects and remonstrates against the provisions of said resolution adopted by the Board of Public Works, providing that the a pproach to each of the crossings of the several and respective streets in the City of South Bend affected by said proposed improvement, wre re'the tracks of -- -said remonstrator cress said streets at grade, which provides for the approach b'eginnina at the North and South rails of the tracks of said remonstrator as the same now exists; that. said approach should begin at the North and South lines respectively of the right-of-way of the remonstrator, thereby giving to the remonstrator the full use and enjoyment of its right-of-way for railroad tracks, and for the proper development of its system in the construction of said proposed improvement and for -future uses; that said proposed resolution providing for the approach at said grade crossings from the rail, will limit and destroy the use-- filness of the right-of-way of this remonstrator, and will prohibit the construct - ton of tracks upon its right-of-way necessary and essential to -,the proper and efficient development and construction of said proposed improvement. 10. That said resolution passed and adopted by the Board of Public Works makes provision for the elevation of the tracks of this remonstrator to such.an unreasonable height, as the same extend over the various streets in the Ciyy of South Bend, as -to make the cear of such improvement unreasonably and unlawfully excessive, to the end that the cost will be and is far in excess of the value of the improvement to the public. That the resolution passed and adopted by the Board df Public WOrks will cause the tracks of The New York Central Railroad Company to be so elevated as to make the grades, both to the East'and West, approaching under said elevated portion of said tracks, impracticable and contrary to reasonable railroad`operat- ion, and in order to remove such grades required by elevating such tracks,:the elevation must be lowered thrnggh the City of South Bend, or the several and various grade crossings of the streets affected by said proposed improvement, must be raised at each street intersection, to the grsat and increased cost and expense of the City of South Bend,-and of this remonstrator, all of which said elevation will be required of said several and respective streets in order`to make the grade to said elevated portion, both to the East and West a reasonable - grade -,-far. reasb.nabldl operat iorL7,6f the railroad of this remonstrator. 12, That the improvement, as provided in said resolution, is imprac- ticable and unjust to this remonstrator and to the industries and avrious places served by this remonstrator by side track in the area included -in the track ele- .va tion provided by said resolution, for the reason that inifixing the elevation of said tracks of -this remonstrator over the intersecting streets affected by said proposed improvement, said improvement deprives The New York Central RAILROAD Company and the manufacturing interests and industries, located within the area of the improvement, of their present side track connections and would subject this remonstrator, and each of said industries, to heavy and unreasonable expense in rebuilding the several and respective plants snd side tracks to secure practical railway.eanneetions, and in many instances such railway will be im- possible and present connections will be absAlutely destroyed; that said proposed improvement as proposed by said resolution will destroy the present team track facilities of this remonstrator. 13. That,said proposed improvement, if made, will so alter and change the grade of the tracks of said remonstrator from both East and West, to and upon said improvement that it will be impossible for this remonstrator to operate over said grades the freight trains and passenger trains which are now operated by this remonstrator and which this remonstrator intends to and will operated in the - future, and that said proposed improvement will so increase the grade, both from the East and West so that the length of trains and tonnage now operated by this remonstrator must, of necessity, be seriously reduced, to the great and irreparable injury of the publie and of this remonstrator, all of which said freight is being carried in interstate commerce.