02/26/1924 Board of Public Works Minutes

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I Continued. tracks of the remonstrator, height and also requires a approxivately semen -tenths grade of said Railroad and able railroad operation. The New York Central Railroad Company to an unreasonable gradient approaching said elevated portiofz from the East of (0.7) percent, which'is in excess of the establtshed maximum which grade is unreasonable, excessive and impossible to reason 5. That the proposed elevation of remonstrator's tracks as provided by said resolution passed.and adopted by the Board of Public WORKs, will cause said tracks to be elevated approximately fourteen (14) feet 'over ,the part or portion of its tracks from Michigan. to -s point east of High Street, which will . cause. the tracks of said remonstrator to be approximately forty-nine (49.$ feet above , the earth surface or level at a curt east of Hi h Street, and that said elevation is unnecessarily, unreasonably 41g and excessive Land will not permit separation of grades in an economical and efficient man- ner) snd by reason thereof will out off and destroy certain side tracks now used by said remonstrator in+the operation of its railroad system in supplying the Birdsell Manufacturing Company with freight both in and out over said side tracks, and with supplyying the south Bend Toy Manufacturing Company with Freight both in.and out over said side tracks and the track leading to the Indiana Gas & Elect,rie Company, said elevation of said railroad being so unreasonably excessive and. -high as to make it impossible to make connection with gaid side tracks aforesaid thereby causing the disannexation and discontinuance of said side tracks, and each of them, and no provision is made for any other or different method or manner of taking care of the requests of these industries. 6. That the previsions of said resolution passed and adopted by the Board of Public Works of the City of -South Be.&, cause the tracks of the New York Central Railroad. Comppany to be elevated to anyette Main and Michiggan Streets, whereas sail resolution should provide for.a depression off' .the street grade of said streets, to -wit: Michigan where the same cross under said proposed elevated tracks of this remonstrator of a.pproxi�tely one .(1) foot greater than the depression now provided for said street,.azid at Main Street, approximately six (6") inches ggreater than -depression now provided at said street and the said trac s of said The New York Central Railroad Company should be one 4) foot lower than thst'provided by said resolution. 7• TUT the provision of the resolution passed and adopted by the Board of Public Works providing for depression of Hipp Street and track elevation over the same is unreasonable and unjust in this: that iO secure a reasonably economical and. efficient plan the Street should be depressed where the same crosses under the proposed elevated tracks of the:remonstrator to a depth equal to the elevation of the tracks of The New York Central Railroad Company and said tracks should be lowered correspondingly as the depression of said'street is increased. 8. That'the depression provided by the said resolution for Sample and Rush Streets should be lowered an additional amount of not less than four (4') feet at the intersection of Rush and Sample Streets at tke point.directly under the elevated treks of this remonstrattor, and as the street level is lowered, the elevation of tracks of The New York Central Railroad Company, as proposed to be elevated, should be lowered correspondingly, thus enabling The New York Central Railroad Company to make a proper and reasonably efficient grade of its said tracks to the East of said elevation. 9. That this remonstrator objects and remonstrates against the provisions 'of said resolution adopted by the Board of Public Works, providing that the approach to each of the crossings of the several and respective streets in the City df South Band affect4d by said proposed improvement, where the tracks of said remonstrator cross satf str*ela at grade which .provides for the approach .beginning at the North and Sonah roils of.the-.tracks of said remonstrator as the same now exists; that said approach should begin at the North and South lines respeetivoly of the right-of-way of the 'remonstrator, R thereby giving to the remonstrator the full use and en,joymant of its right-of-way for t4tlroad 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 not provide for usual and necessary vertical curves in the Street grade, and will.limit and destroy the usefulness of the righ-of-way of this,reiponstrator, and will prohibit the cnnstruction of.tracks upon its right-of-way necessary and essential to the proper and off icient..davelopment and construction of said proposed : improvemeiA. �. 10. That said resolution aged, ad adopted by the Board. of Public orks makes provision for the elevation of tbs trac a of this remonstrator to such an reasonable height, as the same extend over the various streets in the City of Sou h Rend, As to make the cost of such impprovement unreasonably and unlawfully excessive to'18itw end that the cost will be and is far in excess of the value of the improvement to 1 the punlic . . 11. That the resolution passed and adopte4 by the Board of Public Works will cause the tracks of The New York Central Railroad Compny to ba so elevated as to make the grades of the tracks -of the Railway to the EWst and Westo approaching said elevated postion of said tracks between Chapin and High Streets impracticable and contrary to reasonable railroad operation- and in order to reduce such approach grades required by such elevation of said tracks, the elevation must be lowered.throueh the' City of South Bend, or the several and various grade crossings of the Street& affsated by said proposed improvement, must be raised at each street int►srseetriene. to 'the- gx*at and increased hazard risk and dan erg cost and expense of the City of South �' • and of this remonstrator& all of whie said elevation will, be required of said several and respective streets in order to make the Ra►iltty approach grade to said elevated portion, both to the East and West, a reasonable grade for reasonable operation of the 'railroad of this remonstrator.