02/27/1924 Board of Public Works Minutes

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M 147 Wednesdays February 27 1924' continued. EE it further resolved that, it is the sense of this meeting that the pres- iding officer name a committee of five ersons whose duty it shall be to sin this res- blution as a committee for and in behalf of the, persons present at this meel'ing and for and and in behalf of the citizens and residents of the city of South Bend represented by the members present at this meeting, and present same to the Board of Public Works in a form of a proper petition as a. remonstaanoe against said resolution No. 4, and sign said remonstrance for and in behalf of the persons ;resent at this meeting as a committee of said ppersons and for and behalf of the .citizens` -and residents. of the West Side represented by said persons. 4 John le. C�vidakiewicz Woiwiggaais Szymorowski Ignatius Kazmierzak 'Joseph F. Moskinski In the matter of the separation of REM 0 N -S T R A N C E. grades of the tracks of the New York Central Railway Company and certain streets in -the city of Sdyth Bend, under ,Resolution No. 4 in said proceedings. TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,.INDIANA: The undersigned, Chicago, South Bend & Northern Indiana Railway Company,, hereby shows that this Board has heretofore, in these proceedings and under resolution number four herein, determined that the undersigned, which maintains street car tracks at Qhapin STREET and Michigan Street in said city of South Bend, where the same intersect the tracks of the New York CENTRAL Railway Comppany, shall reconstruct its teaeks accordin to the grades provided for in said resolution and shall pay ffve per cent. of the cos of the alteration of such grade crossings at such intersections, and which said percentage of such cost, has been set up -in said resolution. The undersigned hereby ob jects to and remonstr tes a ns-t- the etio f this Bo rd i estEab'l _ :h n' '=:the '� ' " e ` sa rsi n u o rive e a� in a ve pper cent, get'pn said re Hutton on ie gro�undaanndr orrn h ra o loAng several red�tifis: That said percentage is excessive and -will be an.unreasonble burden on the undersigned. That it is disproportionate isproportiu atet9 and exceeds, the benefits that will accrue to the undersigned by grade That as to the undersigned isinequitably cted and assessedrfor�he cest�ofte as een suchthe iall undersigned and other parties benefi y affe separations. That a reasonable and equitable per cent,. of the cost of said grade separat- ions which should be fixed as the share of said cost to be paid by the undersigned does not exceed the minimum of such cost provided by the statute as payarle by street railway companies affected in such cases$ to -wit, three per cent. of the cost thereof. Respectfully submitted, CHICAGO_ SOUTH BEND & N0RTHERN..INDIANA RAILWAY COMPANY, By Harry R. Wair, , Its attorney, Also the following resolutions of Persons interested in and affected by the proposed separation of grades were filed with the Board: The following.resolution was adopted at a mass meeting of approximately 80 citizens and residents of the Second Ward representing a roximately 600 citizens and voters of the city of South Bendheld on February 24, 1 91 at church Hall, to the uthenticity and geniuness IF which the undersigned, citizens and residents of South. Eend, certify to as a committee appointed for said add other purposes: RESOLUTION: WHEREAS, the Board of Public Works of the city of South Bend, St. Joseph County State of Indiana, by resjution known as Board of Pu�tliz Works Resolution Np 4Providing for Grade Seperation, proposes to adopt a certain proposed plan as describes in said Resolution for the elevation of the railroad tracks of the New York Central Railroad Company, and of the Grand Trunk.Western Railway Company; and