03/24/1924 Board of Public Works Minutes

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Monday % r c h 24 , 19?4 . Continuted; C ompa ray are jointly or severally without authority or power under the laws of the State of Tndiana, statutory or otiherwise, to cause the undersigned to do any of the work contemplated by the provisions of said paragraph twenty-five at its own expense or to im impose or assess any part or portion of the cost of any such work against the und.ersigne or render it liable therefor. SECOND: That said C ity acti g alone or jointly with the said Grand Trunk "western Railway Company. is without suthd'rity or power to cause the undersigned to do any �part or portion of the work contempl!,.ted by the provisions of said paragraph twenty- five at its own expense or to impose or assess any part or portion of the Bost of any such work against the undersigned or .render it liable therefor; or as against the undersigned to agree with said Grand Trunk Western Railway Company to cause the under- signed to do any part or portion of any of such work at its own expense or to impose or assess any part or portion of the cost of any such work against the undersigned or render it liable therefor. The undersigned also remonstrates against and objects to paragraph twenty- six of said contract and the terms and conditians thereof, said paragraph reading as follows: "That whenever it becomes necessary to chap the grade of any street inter-- see tied by said altered route, the work incident to such change and the inter - mat required therefor shall be furnished by the party of the first part under the direction of the board of public works and city engineer of the party of the second part. If any exist- ing pavement shall be thus disturbed it shall be replaced with a sheet asphalt pavement laid on a six inch conef'ete foundation of the same width unless otherwise shogun on said map a_i-id profile, or by a,ny.o�6her pavement designated by the board of public works, the cost of construction of which will not exceed that of such asphalt pavement. Sidewalks and curbs shall be replaced by sidewalks and curbs of like character and dimensions as those removed. The cost of all such ehanges shall be apportioned in accordance with the provision of chapter 36 of the aforesaid acts of the.general assembly o f the state of Indiana for the gear 1923; provided, however, that the party of the second part may require any such new pavement, sidewalk or curb to be (constructed of greater width or strength .of of different character, in which case any additional expense shall be borne by the party of the second part." And as ground for remonstrance and objection the undersigned states: VIRST: That the grade separation provided for in said contract at the intersectionct streets along and over which the undersigned owns, maintains and operates street and interurban street car lines and mentioned in said contract are not existing grade crossings and that in such circumstances said City of South Bend arid said Grand. Trunk Western Railway Company are jointly or severally without authority or power under the laws of the State of Indiana, statutory or otherwise, to cause the undersigned to do any of the work contemplated by the provisions of said paragraph 26 at its own expense or to impose or assess any part or portion of the cost of any work against the undersigned or render it liable therefor. SECOND: That said City acting alone or jointly with the said Grand Trunk Western Railway Company is without authority or power to cause the undersigned to do any part, or portion of the work contemplated by the provisions of said paragraph twenty-six at its own expense or to -impose or assess any prat or portion of the cost of any such work against the undersigned or render it liable therefor; or as against the undersigned to agree wi,,h said Grand Trunk Eestern Railway Company to cause the undersigned to do any part or portion of any of such work at its own expense or to impose or assess any part or portion of the cost of any such work against the under- signed or render it liable therefor. The undersigned further remonstrates against each and every term and pro- vision of said contract .which provides for or contemplates the imposition upon or assessment against the undersigned of any part or proportion of the cost of any of the work to.be done in connection with or as a part of the performance of said contract or the imposition of any part of said work uoon the undersigned at its own expense. And as ground for such remonstrance and objection the undersigned states: FIRST: That the grade separation provided for in said contract at the in- tersection of streets along and over which the undersigned owns, maintains and operates_. street and interurban street car lines aiid mentioned in said contract are not existing grade obossings, and that in, such circumstances said City of South Bend and said Grand Trunk Western Railway Company are jointly or severally without authority under the laws of the State of Indiana, statutory or otherwidwg to impose or assess any part or pro- portion of said cost upon the undersigned or render it liable therefor or cause it to di any such work at its own expense* SECOND: That said City acting alone or jointly with said Grand Trunk Western Railway Company is without authority or power to assess against or impose upon, or, as against the undersigned, to agree with said Grand Trunk Western Railway Company to -assess or impose upon the undersigned any part or proportion of the cost or expense of the work to be done in connection with or as a part Of theperformnce of said con- tract or to impose any part of said work upon the undersigned at its own expanse. RespecTfully submitted, CHICAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY CO., By Harry R. Wair, its attorney.