12/19/1916 Board of Public Works Minutes

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A G R E E M E N T 4°TiEREAS, the City of South Bed.d, Indiana, by and through its Board of Public Works and Common Council is now taking steps requisite and necessary for the grade separation of the tracks of the New York'Central Railroad Company and certain streets and public ways in said City; and, WHEREAS, the Board of Public Works of the said City has heretofore adopted modified Resolution Number 2 in proceedings now pending before said Board to effect such grade separation, which said resolution so adopted is now pending before the Common Council of said City for its action thereon, and which said resolution among other things provides for grade separation of the tracks of the said New York Central Railroad Company and the grade of Michigan and._Chapin Street capon which said streets street railway tracks of the Chicago, South Bend & Northern Ird iana Railway Company are located; And, ° WHEREASip the Act of the General Assembly of the State of Indiana approved march 4,1911(said law being set forth in the published acts of said state fro the year 1911, at page 314 at seq) under which said proceedings are being had, provides that street railwaycompanies shall not be required to pay any portion of the cost of such senara,tion where the clearance from the top of the rail of the tracks of the railway company to `the lowest pert of the supers-tructure above the street is less than sixteen feet; And, WHEREAS, said. -City desires to make said clearance at said Chapin Street Fifteen feet and two inches (151--2") and further desires said railway Company to pay such sum of money as would be assessable against said Railway Company under the terms of said act were said clearance made not less than , sixteen feet, said sumin no event to exceed the sum of Five Thousand($5,000.00) Dollars: And, WHFREAS, the act of the General Assembly above mentiinudd provides for an contemplates only the elevation or depression of steam railroad tracks already constructed and in use.on and over the crossings of streets and other pub 1 is ways: And, WHEREAS, the said New York Central Railroad Company nova' has a:nd' us°es at its intersection with said Michigan Street.three tracks but desires the option of increasing said number to four tracks: And, - WHEREAS, said act further provides that in case the track or tracks of any street railway company are upon the street being improved at its inten- tion with any steam railroad track or tracks, then such street railway'company shall pay ten per cent (10%) of the cost of such improvement at such crossing where its tracks are so located, but that the cost or amount assessable against or chargeable to said street railway company for or on account of any such alter- ation or change of the grade crossing at any intersection including all work or improvement connected trherewith or caused thereby shall in no event. exceed the sum of Five Thousand (59000.00 ) Dollars: And, WHEREAS, notwithstanding said actdoes not provide for or contemplate the improvement of any street intersection in such manner as to accommbdate Jta a greater number of steam railroad tracks than no exist and are used at such inter- section, said City desirea to pert -At said New York Central Railroad Company, if it shall so elect, to build a superstructure and make an improvement at the inter- section of said Railroad Company's tracks with said Michigan Street sufficient to support and accommodate four steam railroad tracks without relieving said.Street Railway Company from the payment of its proportion of the cost ofmaking the grade alteration at said intersection, as fixed by said act, were said superstructure and improvement effecting such grade separation at said crossing constructed only to support and accommodate the.three steam railroad tracks now located and"in use upon said intersection. NOW, THEREFORE, This agreement witnesseth: In consideration of the mutual covenants and agreen',I-nts herein contained and set forth, it is hereby agreed by and between said City and said Railway Company that said City shall effect or cause to be effected the separation of said New York Central Railroad tracks and the grades of both Michigan Street and Chapin Street together with the Street Railway tracks thereon according to the plans and details now contained and set forth in said Modified Resolution Number 2, it being particularly agreed that the clearance aforesaid at Chapin Street shallnot be less than fifteen feet and two inches, and whenever the elevation of the tracks of the said Few'York Central Railroad Comi-)any shall be extended westerly from the point now des-ignated as the westernmost point of such elevation in said modified resolution, then and thereupon and concurrently therewith said City shall cause said clearance for said Street Railway at Chapin Street to be made not less than sixteen feet..