01/09/1925 Board of Public Works Minutes

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564 Board met in adjourned session at 2000 P. M. All members present. Ilaydr Seebirt, City Attor3ne°y Hammond and City Engineer Anderson present. This being the date set for the deferred hearing on 'Resolution No. 4 for Grade Separation of New York Ventral. Railroad tracks at certain street Streets in the City, and hearing on contraet of '.the New Yerk Central Railroad Company for a right of franchise to construct certain tracks over and across certain streets and alleys within the Limits of this City. " Atty. John G. Yeagley representing the New York Central RailRoad Company appeared and makes motion that New York Centtoal Railroad Company does with -draw all remonstrances against, resolutions for track elevation and grade" Separation in this City and consents to adoption of Grade Separation Resolution No-, 4.as modified. Interested citizens appeared and were heard by the Board. Atty. Hammerschmidt representing property owners at Walnut Street and Division Street present but no further written remotustrance was filed. - R. R. Smith Vice President and Gen'1 Mgr. of the Chicago, South _-Bend & Northern Indiana -Railway Company present and stated that he was willing to let their interests in this matter be taken care of by the City. Atty. Buczkowski representing property owners, requested that all remonstrances in respect to original resolution'be refiled as to modified resolution No. 4. Motion made by Albert F. Honer and seconded by L..P. F,ardy and unsimously approved that all remonstrances be over -ruled and that Grade Separate. Separation.Resolution No. 4 be modified to read as follows; MODIFI4.D RESOLUTION NO. 4 FOR GRADE SEPARATION. That Whereas on the 29th. day of January, 1924, the Board of Pubs Public Works of the City of South Bend, adopted Resolution No. 4 for the separation of grades of the New York Central Railroad Company where the same in. tersects the said streets in said City; and the Board caused notice of the - pendency of the said Resolution to be nerved upon all persons and companies affected.thereby as required by law; that after a hearing of the agents* and attorneys of said companies and persons as -required by law, the Board does here.. by modift said Resolution No. 4 to read as follows; ' WHEREAS, it is deemed necessary for the public good that the grades of certain streets of the City of South Bends Indiana, where the same intersects the tracks of_the railroad companies herein after named,,be changed and altered, and that the grades ('f the tracks of said railroad companies be altered and changed•, NOW, THEREFOIE, be it resolved by the Board of Public Works of, the City of South Bend, Indiana: That, the grade cro sings of the tracks of the New York Central Railroad Company, a steam railroad, at the intersection of its tracks wfthy�, Chapin S rent, SCOTT ST F•T, PRAIRIE AVbNtTE, LAFAYETT STR-ET, RI CfiA Si,REEt, hiGh StREEt, MIAMI STREET, all in serer City of South Bend, Indiana, be altered by the elevation of said tracks, or by th depression of said streets* or by a combined elevation of said tracks with a depression of such streets at such intersections; and also, by reason of the abdresaid elevation or depression, that the grade of certain other streets and alleys and of certain railroads and railways be changed; and that the change in grade of said several streets, railroad and railways intersecting said railroad, and of certain street and alleys intersecting said streets and other railway and railroad tracks and the amount in feet of the clearance of the superstructure over the above named streets, shall be as follows; (1) The grade of Cherry Street where the same intersects the north rail of the west, bound main track and the south rail of the east bound main track of the Ne-w York Central Railway Company shall be raised not more than one and one -tenth (1.1) feet bbove the top of the south rail of the west bound track as now maintained, the present elevation of said south rail being 62.23 when referred to South Bend datum and 147.44 when referred to New York Central RailRoad datum. The grade of said street at the northerly and southerly lines of the right of way of said railroad company shall be raised not more than foUty-four hundreths (0,44) of a foot above the top p0 the south rail of the west bound main track as now maintained.