05/04/1915 Board of Public Works Minutes

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645 Mr. H. N. Barnes appeared before the Board relative to paving the alley intersection east of Micidigan Street on Division. The Board informed him to do so. Ikrs. Wiiheim' ina Kallies appeared before the Board and filed eomplaint against Stewart Shcets Company in regard to damage to lots "AC and 32 Oak Park 1st. Add.account off' removing 'dpple and plum trees, grapes and' strawberry ' bed:s at $40.00 The following communication was received from the City Attorney. April 3021915.. Board. of Public Works,, South. Bend., Ind. Gent leme Your Cierk has referred to me for an opinion the contract tendered by the 'Achipgan Central Railroad Company, whereby the company proposes to support its tracks for . the construction of the Leeper Avenue sewer upon the condition that the City re—imburse the company for the expense incurred. In my ppin.ion,' the City 'is not required by law to re—imburse the company for any such expense. All pipes, rails or structures placed on .or aeross city streets under a general grant to use the streets are subject to the paramount power.and duty of the City to repair$ alter and improve the streets as the City in its discreation may deep proper, and to construct therein sewers and other improvements for the public benefit.. This pager forms. a part of the police porker of a municipality. The decisions hold that the grantee of a 'franchise had no cause of action: for .any damage which it may sustain by acts of the City in.reasonably performing its duty in these respects. If .the company vrFill not provide support for its tracks, you would have the power to go under the trac#s and serious question might arise as to whether the City could collect from .the railroad company the expense of supporting its tracks if the company sloes not `so support them. However, I believe that there is a provision in its franchise ahich is broad enough to perr-it the City.to colgect this cost. ` Yours very truly, E.F.SEEBIRT.- The City Civil Engineer filed the following repobt. Board of Public Works, City of. South Beni'., Indiana. Gentlemen: — Regarding the attached contract presented by the Michigan Central Railroad Compa fo» supporting their tracks at Pokaon-St.; will say that this is the customary con— tract where there is no street crossing the railroad tracks, which is the case here. I think Mr. Seebirt understood there was alrearl a street crossing the railroad at this point. I would advise having the Railroad Co. file an estimate cost for supporting their tracks. Very truly, VK. S. MOORE, Mr. C.C. Hill Act. Div. Engineer for the Michigan Central Ry. Company, Mr. Hutabel,Attorney for said Company and Ialr. V.A. Rogers their Agent in this City -appeared before the Board and informed the Board if the sewer on Pokagon. Street vas put through under their tracks on Sunday, ^ there would be no expense to the City for the Supporting of their tracks. Same was agreed to by the Board. Plat of Stull's Sixth Addition to the City of South Bend, Indiana. was approved. by the Board.