10/1901 Board of Public Works Minutes

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7. 1901. Treasurer requested to mark paid the assessment for water connection for Lot 15 Outlot 28 Cobb's Addition, against R. J. Chestnutwood Jr. Petition filed for the establishment of a grade for Campau street. Referred to the Engineer. South Bend Electric Co. notified that the maple trees in front of the George Barnhard and 0. M. Cunningham properties on West Washington street were being ruined by their wires and requested to give the matter their immediate attention and to stop further damage. Engineer reported that the approach on.the west side of the Sample street bridge had been completed. This work is all that the City will undertake. The City will not build the approaches on the east side. Hearing on the matters concerning Division street and its occupation by the Grand Trunk and Western R. R. CO. The Board were met by a committee of property owners on the street. The first question which the Board desired to have settled was whether or not the railway company could be entirely ousted from the street. Judge Howard, representing the property owners, and Mr Ward, City Attorney, advised the Board that in their opinion an attempt to oust the company from their present rights on the street would result in a failure and that at this late date the courts would probaly uphold the present rights of the company in the use of the street. The Board therefore find that it wi-1 take no steps to oust the Grand Trunk and Western R. R. Co. from its present rights and franchises on Division street. The next question discussed was whether or not the railway company could be prevented by the City from laying a double track on Division street east of Taylor St. Board decided to call upon Messrs Anderson, Dushane and Crabill to satisfy the Board of the company's right to do this. Meeting adjourned till Monday October 14th, 1901. President.