Loading...
HomeMy WebLinkAbout02/26/1924 Board of Public Works Minutes136 Tuesday February Board met in regular session -at :00 A.M._ All members present. City Engineer Anderson and Mayor Seebirt also present, Mr. -Fred Keller and Mr, _,Dayton Shanafelt, 1153 A1.tgeldti street, appeared in regard to vot.Li4an. riled E f24 for pavemeui on Alt,-, geldt, stireet from Miamk street to *ter* ge straet. ' Fet.itiott returnfd and vmilrer to be filed in re ellwy-intcrsection. Attorney Dan Pyle with Miss Douglas and hiss Kline appeared and'took up Matter of sewer assessment against the south one -}half of Lot 367 9a,9PAr Psrk owned by Miss Dougllm and Miss Kline in re, amount of'assessment.,- Board agreed to refund Miss Douglas and Miss Kline the sum of $73,00 nn said assess- ment. Attorney Pyle to file claim for aame. Property owners appeared in regard to River Park 3rd Sewer District 1� roperty north of Jefferson Blvd. William S. Moore, civil engineer, AT-torneys. Pettingill, Graham, Fiewe11,-O'Neill and Gilliom represented the various p roperty owners; Mr.. V. Maurer, J. C. Birdsell,. J. •, and A. Coquillard, W. A. Mc pintyre and Mr. Pace also appeared. Mr. Wi:illam S. Moore submitted Figures which were -taken under advisement. 'Mayor Seebirt submitted a communication from W. J. Huddle, consult- ing electrical enggineer for the city, in re ard,to prices submitted by'Mr. Eng l'ish, mane er of Indiana & Michigan Eelectrf o Company February, 19, 04. ° The Board hereby continued receiving bids for electric light for the city until March 11, 1924 at 10:00 A. M. Attorney G. A. Elliott appeared before the Board -in regard to D. Schafer buildings out in alley south of Division street between Franklin and William street. Board agreed to pave alley up to Schafer's house. Indiana Bell Telephone Company Granted permission to rebuild existing. manhole on north side of Sample street. Same approved. Attorney -Anthony Wolfe appeared and filed written remonstrance as follows, and said petition is placed - on filer STATE OF INDIANA •° COUNTY OF _-ST. JOSEPH CITY•OF SOUTH BEND' IN THE MATTER OF TRACK ELEVATION AND GRADE SEPARATION OP THE NEW YORK B�Oa� ,�� ��13 PUt3LIC CENTRAL RAILROAD COMPANY.TRACKS AT ©�' CERTAIN STREET INTERSECTTONS IN THE WORKS IN THE CITY OP SOUTH CITY t?F SMITH 13E"D; TVDTAWA* BEND, INDIANA. Comes now the. New York "Central Rallrosel Company, by this, its amended remonst*&nes, and Dhows that, i1, is au 14A erstate Consolidated Corpor- ai,ion consilidated under the laws of the Stakes of Indiana, Illinoia, Michigan, Ohio, Pennsylvania and New York, and is engaged in a ggeneral interstate rail- road business with its main and principal line extending.from Chicago, Illinois to New York City, New York, which said line extends throUghthe Municipal Cor- poration of the City of South Bend, Indiana; that, said The New York Central Ra il- -rorad-Company-is- tYte-same-1-dentieal Railroad Company named in a certain resolution passed by the Board of Public Works of the Cilry of South Bend, Indiana, on the 29t,h day of January, 19249 and which said resolution said Board has caused notice to issue for a hearing thereon on the 27th day of February, 1924. And comes now The New York Central Railroad Company and remonstrates against said resolution of the Board of Public Works, and the wdrrk and proceed- ing contemplated therein, and to be inaugurated by and under said resolution, upon the following grounds and for the following reasvf.s, to -wit: 1. :,That said The New York Central Railroad Company is solely within the urisdictiQn and control of the Iyt rs ate Commerce Commission created anet funAoning under acts or Congress whc give to said Commission exclusive power, authority, jurisdiction andoontrol over the sub eat matter invdbved in said resolution passed and adopted by the said Board of Public Works of the City C of South Bend, Indiana. 2' That the Board of Public Works of the City of South Bend has no power, right, or authority to undertake to compel The New York Central Railroad Company, this remonstrator, toelevate its railroad tracks in the City of'South Bend. 3. That the only power and authority existing by virtue of law to compel The New York Central Railroad Company to expend money for public im- provement, is vested in the Federal Government, under and by -virtue of certain Acts of Congress, which acts have annulled, cancelled, rope --"led and rescinded all the power and authority prior thereto vested in the States or Municipality to cause such public improvements and the expenditure-ofmoney therefor. 4. That the elevation of remonstrator's tracks proposed by the resilution adopted by the Board of Public' Works will cause the elevation,of the I Continued. tracks of the remonstrator, height and also requires a approxivately semen -tenths grade of said Railroad and able railroad operation. The New York Central Railroad Company to an unreasonable gradient approaching said elevated portiofz from the East of (0.7) percent, which'is in excess of the establtshed maximum which grade is unreasonable, excessive and impossible to reason 5. That the proposed elevation of remonstrator's tracks as provided by said resolution passed.and adopted by the Board of Public WORKs, will cause said tracks to be elevated approximately fourteen (14) feet 'over ,the part or portion of its tracks from Michigan. to -s point east of High Street, which will . cause. the tracks of said remonstrator to be approximately forty-nine (49.$ feet above , the earth surface or level at a curt east of Hi h Street, and that said elevation is unnecessarily, unreasonably 41g and excessive Land will not permit separation of grades in an economical and efficient man- ner) snd by reason thereof will out off and destroy certain side tracks now used by said remonstrator in+the operation of its railroad system in supplying the Birdsell Manufacturing Company with freight both in and out over said side tracks, and with supplyying the south Bend Toy Manufacturing Company with Freight both in.and out over said side tracks and the track leading to the Indiana Gas & Elect,rie Company, said elevation of said railroad being so unreasonably excessive and. -high as to make it impossible to make connection with gaid side tracks aforesaid thereby causing the disannexation and discontinuance of said side tracks, and each of them, and no provision is made for any other or different method or manner of taking care of the requests of these industries. 6. That the previsions of said resolution passed and adopted by the Board of Public Works of the City of -South Be.&, cause the tracks of the New York Central Railroad. Comppany to be elevated to anyette Main and Michiggan Streets, whereas sail resolution should provide for.a depression off' .the street grade of said streets, to -wit: Michigan where the same cross under said proposed elevated tracks of this remonstrator of a.pproxi�tely one .(1) foot greater than the depression now provided for said street,.azid at Main Street, approximately six (6") inches ggreater than -depression now provided at said street and the said trac s of said The New York Central Railroad Company should be one 4) foot lower than thst'provided by said resolution. 7• TUT the provision of the resolution passed and adopted by the Board of Public Works providing for depression of Hipp Street and track elevation over the same is unreasonable and unjust in this: that iO secure a reasonably economical and. efficient plan the Street should be depressed where the same crosses under the proposed elevated tracks of the:remonstrator to a depth equal to the elevation of the tracks of The New York Central Railroad Company and said tracks should be lowered correspondingly as the depression of said'street is increased. 8. That'the depression provided by the said resolution for Sample and Rush Streets should be lowered an additional amount of not less than four (4') feet at the intersection of Rush and Sample Streets at tke point.directly under the elevated treks of this remonstrattor, and as the street level is lowered, the elevation of tracks of The New York Central Railroad Company, as proposed to be elevated, should be lowered correspondingly, thus enabling The New York Central Railroad Company to make a proper and reasonably efficient grade of its said tracks to the East of said elevation. 9. That this remonstrator objects and remonstrates against the provisions 'of said resolution adopted by the Board of Public Works, providing that the approach to each of the crossings of the several and respective streets in the City df South Band affect4d by said proposed improvement, where the tracks of said remonstrator cross satf str*ela at grade which .provides for the approach .beginning at the North and Sonah roils of.the-.tracks of said remonstrator as the same now exists; that said approach should begin at the North and South lines respeetivoly of the right-of-way of the 'remonstrator, R thereby giving to the remonstrator the full use and en,joymant of its right-of-way for t4tlroad tracks, and for the proper development of its system in the construction of said proposed improvement and for future uses; that said proposed resolution providing for the approach at said grade crossings from the rail, will not provide for usual and necessary vertical curves in the Street grade, and will.limit and destroy the usefulness of the righ-of-way of this,reiponstrator, and will prohibit the cnnstruction of.tracks upon its right-of-way necessary and essential to the proper and off icient..davelopment and construction of said proposed : improvemeiA. �. 10. That said resolution aged, ad adopted by the Board. of Public orks makes provision for the elevation of tbs trac a of this remonstrator to such an reasonable height, as the same extend over the various streets in the City of Sou h Rend, As to make the cost of such impprovement unreasonably and unlawfully excessive to'18itw end that the cost will be and is far in excess of the value of the improvement to 1 the punlic . . 11. That the resolution passed and adopte4 by the Board of Public Works will cause the tracks of The New York Central Railroad Compny to ba so elevated as to make the grades of the tracks -of the Railway to the EWst and Westo approaching said elevated postion of said tracks between Chapin and High Streets impracticable and contrary to reasonable railroad operation- and in order to reduce such approach grades required by such elevation of said tracks, the elevation must be lowered.throueh the' City of South Bend, or the several and various grade crossings of the Street& affsated by said proposed improvement, must be raised at each street int►srseetriene. to 'the- gx*at and increased hazard risk and dan erg cost and expense of the City of South �' • and of this remonstrator& all of whie said elevation will, be required of said several and respective streets in order to make the Ra►iltty approach grade to said elevated portion, both to the East and West, a reasonable grade for reasonable operation of the 'railroad of this remonstrator. Tuesday February 26.1924. Continued.: 12.- That the improvement, as.provided in said resolution, is im practicable and unjust to this remonstrator and.to the industries and various plae,es_served by this remonstrator by side`track.in the area included -in the track elevation provided by said resolution,.for the reason that in filing the the elevation of said tracks o,f this remonstrator over the intersecting streets affected by said proposed improvement, said improvement deprives the New York CenTral Railroad Company of the opportunity to send. raeles in an $ onomi al and efficient manner and the manufacturi itea! sts:n ind�wr, �ocettecd within the ;.area of t ie. improvement, 'of their 'present sidetrack connections and would, subject this remonstrators'and each of said industries, to heavy and un-�.- raasonable expense in rebuilding the several i respective plants and side tracks to secure practical railway cohneetigns, and'in many.instances such railway con- nections will be absolutely destroyed; IbAt said proposed by said resilu�tion will destroy the present team track facilities of. this remonstrator. 1i. That said proposed improvement,.if made .will -so alter and change the grade of the tracks of said remonstrator from both t-ast and Wiest to and upon said improvement that it �dll be impossible for this remonstrator to operate over said grades the freight trains and passenger trains which are now operated by this remonstrator and wl(ieh this remonstrator does now and intends to and will operate in the future, and that said proposed improvement will so increase the. I both from the East and West so that the length of trains and Lonna a now. 'operated by this remonstrator must, #J necessity be seriously reduced t§ the great and irreparable injury of the public and of this remonstrator, 411-of which said freight is being carried in interstate commerce. 14. This remonstrator further remonstrates against said: resolution and objects as to the work provided therein upon the ground and for'the reason that when said resolution was adopted there was not and is not now any law authorizing or empowering the City od gouth Band or the Board of Public Works of said City to,ppass and adopt said resolution, requiring this remonstrator to elevate ito tracks, and to do the work or any part of the work required by said - res0lution, and there is not -now and was not at the time of the adoption of said resolutionoany authority vasted'in said. City, or its Board of Public Works, by law or -otherwise, to require this remonstrator to elevate its tracks as provided in said resolution. 15. This.ramonstrator further objects and remonstrates against said said resolution, and the separation of grades as provided therein, for the reason that the same imposes a burden -upon this remonstrator as a carrier of interstate .traffic not authorised by law. 16. That the improvement as provided in said rasolution,.will eonfial cafe and will take the property of this remonstrator withatt Niue process of law. 17• that the improvement proposed by said resolutions and the pro- ceedings thereunder, will take the property of this remonstrator without just compensation. 18. That the improvement as provided in said resolution, if carried out, -will result in the confiscation"of property, rigghts and franchises of this remonstrator, for which it cannot be compensated in damages. That if the elevation of the tracks is required "to be msde, as pro- vided for in the proceedings now pending, the curve where the Kankakee line or Illinois Division of said Railroad system, joins the main line of.said remon- strator's tracks will constitute such"a curve as is equivalent to a grade of thin ty-two (32) percent; that: said construction proposed by said preliminary reso- lutioo( anew the proceedings provided for, are Of such a abaracter as to make said curve impractical and impossible to the eXtent that said curve will unduly interfere with and hinder the reasonable operation of said remonstrator's rail- road, and its trains engaged in inter and cross state commerce. n That this remonstrator -and its predecessor in title has for more than thirty (30) years last past been.expendin large. sums of money in the reduction Of grades and curves to t4a extent that ifs grades or equivalents are not now greater than four-tanths (4/10 of one (1) percent all of which is essential ,&nd necessary in railroad operation, and especially in the operation'of the rail- maae of „this remonstrator in the manr it has operated for many years last past, WUREFORE For each of the several Specifications above set -out, this remonstrator objects and remonstrates against said improvement,' resolution for .grade separation of streets and tracks and the elevation of tracks in the City of South' Bend as herein set uut. NEW YORK CENTRAL RAILROAD COMPANY Bertrand WALKER John GAvit Yeaglay & Wolfe Attys for Remoras. 139. Tuesday February 26 1924. Continued STATE OF INDIANA ) S 0 NTY. OF ST . - JOSFPH) SS John a. Yeagley, being ,Furst Duly sworn,_ says: That he is District Attorneyy for the New York CentralRaid. Comp�, and makes .this affidavit for and on be if of said R -ailroad Companylroa, having authority so to do. That he has read the foregoing remonstrance and knows the conditions there f, and that the same is true in substance and in Fact. John G. Yeagley' SUBSCRIBED AND'SWORN TO before me,`a Notary Public, this 26th day of February A. D. 1924-.. Elizabeth L. Shriner My Commission expires: Notary Public. June 89 1926. Filed Bab 26 1924. Board of -Public Works L. B. Slaughter President. &s�s�lution adopted as follows: Grading, of alley south of Haney avenue from Bush street to Marietta'Streat. Petition filed and approved and Resolution ordered.for Pavement on Quimby street from Francis street to Eddy street. Property owners agree to pay.cost of paving alley intersections; all costs of same to be assessed against property owners. Petition filed for asphalt pavement, Emulsified preferred_, otherwise Hot Job, on.Parkovash avenue from Tecumseh avenue to Iroquois surest. Petition of Pro dray owners from Carolina street between Lincoln Way East and Calvert street for asphalt pavement approved. Resolution ordered conditional on intersection fund being sufficient. Pole. and Mire Inspector _reported on petitions as f0110wa: Petition for light at corner of Oakside and Main street"As it is quits dark I would recommend the installation of an incandescent light at the corner, of Main street and Oakside Street. Wm. (. Qualls APproved. Petition for light at corner of Indiana avenue and Walnut street, report as follows: "An incandescent light is alread located at the intersection of Indiana Avd. and Walnut St. You will not from the above sketch that incandescent am ligk a are also located at Swy art St. and Webster St. intersections. presuming that the attached Pe�itiion desires to have the Whilddthis channt ger. at Walnu St. and Indiana Ave. changed to an arc lighu. would no dabbt throw more light into the section west of Walnut sec as e Walnut St. light is the last ane west on Indiana Ave., stet this section is so sparsely built up that I am of the opinion such a change would not be imperative at this time. Wm. F. Qualls. Report approved. Construction bond of $1000.00 of Indiana Construction Company approved.. The following Resolution was adopted: RESOLUTION. kesolvad .by the Board of Public Works of the airy of South Bend., that WgEREAS_ the satLd Board contemplates entering into a oontract.with the Grand TRUNK Western Railway Compijuy for the removal and relocation of its tracks within the said city by the provisions'of which.eontracu the said Railway Company is to be given the right to construct certain tracks over and along certain streets within said city now as provided by Chapter 108.of the Acts of the General Assembly of the State of 24 Indiana, appproved March 6, 1913, the said ��ard does hereby fig Friday March at �.'t at �:3p P. M. at_ their office in the City Rail of said City, as a time and place $ whin said contract will be finally cansiderad and at which Lima a public hearing will b granted to all persons interested in the provisions of said contract. 140 Tuesday February 26, 1 Conn s Resolved further, that the said Grand Trunk. Western, Railway Com- pany be required to publish in Full, their complete text of said contract one time, at least one week prior to said date in the South Bend Daily Tribune and the South Bend. Nears Times. L. B. Slaughter L. P•.Hardy Albert F. Honer ' • BOARD OF PUBLIC WORKS The following claims were approved: CCem ter Department $.8Q Eng nee ing Department 7 7755 Gar a a Department 5.30 Stree and Alley Department 11, 98.b5 So. Bend Foundry Co. 48-DO So. Bend spring Wagon & Carriage Co. 20.40 So,,Ben Awning Co. 4.00 y it Co, 51.65 The following Resilution was adopted: Resolved by the Board of Public Works of the CiYy of South Bend, St. Joseph County, State of Indians, That it is deemed necessary to im- �rtbvel.,SlleT 2004th` df Haney Avenue from Rush Street to *-vietta Street. All as is more particularly shown and all in accordance with the plans, profileq,,detail drawings and specifications on file.in the office of the Department, of Public Works of the C:Ly of South Bend, Indiana. in fteaorclance with the plains, profiles,• detail drawings and specificatil6t on file in the office of the Departi:,=t of the Board of Public Wor'is of saj.r?. City; and such improvement is now orris -red. The cost of said improveirent, =r4cluding the cost of street ,- intersections,, shall. be assessed. upon the real_ estate ablitti.ng cn � a -� ....................... ........•....................................... ................. ........:........... .., all aFccor(ling i;o the m.r.: ,:'�.cd .?„ r,?^,i1?1nx pr�-,,i - �d •fo7- n.n A- eral � bl y .,� the �,� r '� gin,., en.' -led 1 4 n,,! Corp ratJ ons, .. ap-pre '-e p,-`ov4 .;cn. cf al.? Fr_d supple- r�� %E'TIF.:r:.�_ AsseJ'h j7 Qf i' f' ?l1 . 1y1 "�E,n equal any„n;T 1 ;"i-'" 1 1.-n cent per 2,121T?;1; li��._,a. o,. n r-1 sh-,1-1 b0 isti`t'and tolthe c t�....'l: i^f''R.T r of such work, unless the proper",y avfn: r-7, p.sa sadd assessment 1�.:r yr or b0?.1d:, are lsstled. T.inrl.E:'_ `:10 C_ T ;1'_ Jn es 5�t^.l.�. "f,h_c (i �,r be 4ela responsible for any sun or sums, due -from said propef tf ownP•r o : 0ti,,-hers for said i(,tork ov for the collection of the sane, or for tha t, payren bond, bonds, certificate or certificates, issued to said contra, -tor it-t� "cr s r_ ,errs. G.0 s$al1 havevny s--ch =D-ovement or wl J i- yTs i x pi ococding a ie of r : ds V.refor, Still be a.s provided "otic� r.b,� !.iPdr J). on the....l��l......daT of Ti • the S� - Bend D z� -- r _ ^^.Y d emit give a heo.ring on 'this _reS26' a u in its fr _ _ __. -;- ',li _ i the ....... .......day of Addpted t1fi6............. < .. - •.•••••�.••••••••. ••••...a.••••.... OAT iD Ta: �- v" _CU' �Tr' 1iJtLT1(�,••••••e•••••.•`•a•s•••••••er..••••-�•.•wr Attested _ f Clerx of Board.,�4 40 i4l Tuesday February 26, 1924. Continaed. T-he following petition was approved and resolution ordered: PET ITI0 y To Hoioraula nosr4 of Puuliu worKA or -uhe City of Routh AeAdt In. , Cent 10 r►►? s We,, the undersigned property movner's, respectfully Petition your honorable My to close -an alley situated in Bugbee t s Subdivision lyin South of Loiskifteet 15), teo p16 and North of Lots Seventeen (1y-7) and Eig'htn t 18� of said sul�di ision an t►q1�" and rovide for an extensiion of the a11ey lying between Lots Thirteen (i3, Fourteen t �} Eighteen (18) of said Subdivtsion, from the Southerly line of South Bend Avenue to the North line of said alley, said extension o be ,Eight (8) feet wide and -to be taken off of and from the West side of Lot Fifteen (15) of said subdivision. Said extension to be donated. to the City by Mr. J. H. Woddward, owner of said Lot No. Fifteen (15) and to be free of all expense to adjacent lot, owners. Yours respectfully, dH. W od a d 1121 N. St. Joe St. ornel 8 MIee Minnie Salee D. . D.. Gilliland TRUSTEES L H M E Church R. H. Moffett See. 9tte s er o oar