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HomeMy WebLinkAbout03/24/1924 Board of Public Works Minutesera Monday March 24th., 1924. Board met in special session at 7 :30 P.M. In the Common Council Room of the City Ball... Mr. L. P. Hardy absent. City Engineer .present. This being the date set for the Public hearing on the contract between the Grand Trunk Western Railway Company and the City of South Bend, Indiana. Meeting on above calldd to order by President of Board and wequested if any written remonstranoes ,,were to be filed. Atty, John Buzkowski appeared and filed written remonstrance also written remonstrance filed by the Chicago, South Bend & Northern Indiana Railway Company. P_ oofs of publications were filed by the Grand Trunk Ralway Company fRom the South Bend Tritku?re signed by Chas-E. Crockett Publisher and from News Times signed by M. P. Reed Publisher also proof of posting filed by Grand Trunk Railway Company by Woodson Carlisle stating that he posted notices in ten public places. Resolution filed by Board of Park Commissioners of this City in regard to granting permission to cross Park land and boulevards, all as hereinafter spread on this record. Board adjourned meeting until after City. Council meeting this 24th. day of March 1924 t or until 8;Q0 P.M. Meeting adjourned to 8: 00 P.M. this 24th. day of March 1924 now in session'. Mr.'L. P. Hardy absent. F. J. Anderson City Engineer and L. W. Hammond City Attorney present, This being the date set for the hearing on the contract between the City of South Bend Indiam and the Grand Trunk Railway company entered into under date of February 18th., 1924 and spread on pages 125 to 129 inclusive of this 12th. record of said Bosrd.And Whereas according to law publications :were given in the South Bend News Times and South Bend Tribune on the loth. day of March 1924 and were posted according tolaw and a hearing set for this 24th. day of March 1924 at 7:15 P.M. in the Common Council Rooms in the City Hall at which time remonstrators appeared and written remonstrances were filed . Parties objecting to present form of contract were Atty. John Buzkowski, George Kalzinski, Wm. Gobe1, Uharles Neidbalski, Stanley Podemski and Atty. John Buzkowski read and filed written reonstrance. The Board after hearing all parties present either for or against said contract decided to defer action on said contract until Tuesday March 25th.9 1924 at 10:00 A.M. in office of the Board of PUb l is Works in the City Hall, Copy of Resolution filed under date of February 27th.9 1924. RESOLUTION. Realizing the vast importance of track elevation and of the removal of the tracks or the Grand Trunk Western Railroad from West Division Street, the South Bend 1�Reo.l .'state Board expresses its appreciation and. endorsement of the work of the Mayor and other City Officials in making a definite contract with the Grand Trunk Western, and also endorses the general plan of track elevation. Adopted by the South Bend Real Estate Board Feb. 26. DAVID C. GIBSON Secy. Resolution adopted by the Park Commissioners this 24th. clay of March 1924 and filed with the Board. RESOLUTION . BE IT RESLVED BY THE BOARD OF PARK COMMISSIONERS OF THE CITY OF SOUTH INDIANA. That Whereas the City of South Bend, by and theOugh its Board of Public Works purposes to enter into a.certain contract with the Grand Trunk Western Railway Company by which the said Rai way Company is granted the right to cross certain park lands boulevards now under the eontral of this Board, and Whereas, it is provided by law that no such grantor franchise shall be effective without the consent of the Board of Park Commissioners, Therefore, this Board having examined the prposed route and right of way of the said Grand Trunk Western Railway Company as shown by the sand contract and maps explanatory thereof, and whereas it is to the interest of the general public of the City of South Bend that the said contract be executed, therefore the said contract and grant is hereby ratified and approved and this Board does hereby consent to the grant of such right as defined in said contract in so far as the same applies to any land or boulevards now under the control of the Board of Park Commissioners of the City of South Bend. OTIS ROMM,71 FILED �,' WARDE L. MACK March 24 ,1924 . GE O. M. PLAINER Board of PUblic Works RICHARD ELBEL. BY Veronica C. Sweeney BOARD OF PARK COMMISSIONER OF THE CITY OF SOUTH Clerk of Board. Bend. 188 n. Monday March 24, 1924. Continued. A Remonstr igoe was filedby the Chicago, South Bend & Northern Indiana Railway Company as follows: In the matter of the certain contract between the City of South Bend and the Grand Trunk western Railway Compan*, by whioh 'the said€ Railway Company R E M 0 N S TR A N C E was granted rights over certain public streets of said o4. TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SGUTH BEND, INDIANA: The undersigned, Chicago., South Bend & Northern Indiana Railway Company, her by represents that it is a taxpayer 1f the said city of South Bend, and that: It remonstrates against and objects to paragraph sixteen of said con�raet between the City of Sough Bend and the Grand Trunk Western Railway Company, by which the said Grand T runk Western Railway COMPany is granted rights over certain streets of said city, .and the terms and provisions of said paragraph, same reading, p as follows.' to -wit: "That in no event shall the party of the first part be required or be called upon to pay or to furnish the proportion of the cost of separating the grades at any of said streets that'under the Taws of the state of Indiana should be borne by the Chicago, So7lth'Bend & Northern Indiana Railwdy COML,15any, its sucoessbrs'or ' assigns, which owns and operates street and interurban street car lines on Mishawaka Avenue, Lincoln Way East, Michigan Street and C hapin Street; and that said traction company shall be required to pay its proportion of the cost of said grade separation as provided by the laws of said state, and in the event of its failure to do so, the same will be paid by %he party of the second part." And as ground for remonstrance and objectiQn the undersigned states: FIRST: That the said C ity of South Bend and said Grand Trunk Western -Railway COLEPANY are without authority or power, either jointly or severally, 'to call. -upon the undersigned to pay.or furnish any part or proportion of the cost of separating the grades at any of said streets designated in said contract and upon which the undersigned owns and operates street and interurban street car lines, namely; Mishawaka Avenue, Lineohn Way East, Michigan Street and CHAPIN Street. SECOND: Th $, as against the undersigned, said City of South Bend and said Grand Trunk Western Railway Company, are without authority or power, either ° jointly or severally,.to provide in said contract that tne undersigned "shall be required'to pay'ii,s proportion of the cost of said grade separation as provided by the laws df said State," as there is no law of the State of Indiana under or by virtue of which any part or proportion of said cost can be imposed upon or assessed against said Railway C ompany or for which it could be made liable. THIRD: That the grade separations provided for in said contract at the intersection of satreets along and over which the undersigned owns, maintains and operates street and interurban street car lines and mentioned in said contracts', are not, existing grade crossings, and that, in such circumstances, said City of South Bend and sakd Grand Trunk Western Railway Company are jointly or severally without authority.or powers under the laws of the State of Indiana, statutory or otherwise, to impose or assess any part or proportion of said cost upon or against the undersigned or render it liable therefor. FOURTH: That by the terms and provisions of said paragraph sixteen said Grand Trunk Western Railway Company and said City assume that the undersigned is or CD can be bound to pay some proportion or part of said cost, ai}d upon said assumption provides that the undersigned shall be required to pay its proportion thereof, all without the consent of, or agreement Frith, ,the undersigned, and all without authority or power so to do as against the undersigned. z FIFTH: That said City acting alone or jointly with said Grand Trunk Western Railway Company is without authority or power to assess against or impose upon, or, as against the undersigned, to agree with said Grand Trunk We s-t _ rn Rail- -.,ray Company to assess or impose upon the undersigned any portion or part of the cost of the expense of the grade separation proposed and eontemo.lated by said contract. The undersigned also remonstrates against and objects to paragraph twenty- fiveof said contract and the terms and conditions thereof, said paragraph reading as follows: "The partyo f the second Part agrees to cause all public utilities owning or contr&lling equipment on, above or under the surface of any and all streets affected by the construction of said new elevated line of railraod to adjust their said equipment to the new grade or grades of said streets, without expense to the first party hereto." And aS ground for remonstrance and objection the undersigned states;; VOW FIRST: That it is a publid utility in said city, Rnd that the grade separation provided for in said contract at the intersection of streets along and over which the undersigried owns, maintains and operated street and interurban street oar lines and mentioned in said contract are not existing grade.orossings, and that in such circumstances adid city of South Bend and said Grand Trunk Western Railway Monday % r c h 24 , 19?4 . Continuted; C ompa ray are jointly or severally without authority or power under the laws of the State of Tndiana, statutory or otiherwise, to cause the undersigned to do any of the work contemplated by the provisions of said paragraph twenty-five at its own expense or to im impose or assess any part or portion of the cost of any such work against the und.ersigne or render it liable therefor. SECOND: That said C ity acti g alone or jointly with the said Grand Trunk "western Railway Company. is without suthd'rity or power to cause the undersigned to do any �part or portion of the work contempl!,.ted by the provisions of said paragraph twenty- five at its own expense or to impose or assess any part or portion of the Bost of any such work against the undersigned or .render it liable therefor; or as against the undersigned to agree with said Grand Trunk Western Railway Company to cause the under- signed to do any part or portion of any of such work at its own expense or to impose or assess any part or portion of the cost of any such work against the undersigned or render it liable therefor. The undersigned also remonstrates against and objects to paragraph twenty- six of said contract and the terms and conditians thereof, said paragraph reading as follows: "That whenever it becomes necessary to chap the grade of any street inter-- see tied by said altered route, the work incident to such change and the inter - mat required therefor shall be furnished by the party of the first part under the direction of the board of public works and city engineer of the party of the second part. If any exist- ing pavement shall be thus disturbed it shall be replaced with a sheet asphalt pavement laid on a six inch conef'ete foundation of the same width unless otherwise shogun on said map a_i-id profile, or by a,ny.o�6her pavement designated by the board of public works, the cost of construction of which will not exceed that of such asphalt pavement. Sidewalks and curbs shall be replaced by sidewalks and curbs of like character and dimensions as those removed. The cost of all such ehanges shall be apportioned in accordance with the provision of chapter 36 of the aforesaid acts of the.general assembly o f the state of Indiana for the gear 1923; provided, however, that the party of the second part may require any such new pavement, sidewalk or curb to be (constructed of greater width or strength .of of different character, in which case any additional expense shall be borne by the party of the second part." And as ground for remonstrance and objection the undersigned states: VIRST: That the grade separation provided for in said contract at the intersectionct streets along and over which the undersigned owns, maintains and operates street and interurban street car lines and mentioned in said contract are not existing grade crossings and that in such circumstances said City of South Bend arid said Grand. Trunk Western Railway Company are jointly or severally without authority or power under the laws of the State of Indiana, statutory or otherwise, to cause the undersigned to do any of the work contemplated by the provisions of said paragraph 26 at its own expense or to impose or assess any part or portion of the cost of any work against the undersigned or render it liable therefor. SECOND: That said City acting alone or jointly with the said Grand Trunk Western Railway Company is without authority or power to cause the undersigned to do any part, or portion of the work contemplated by the provisions of said paragraph twenty-six at its own expense or to -impose or assess any prat or portion of the cost of any such work against the undersigned or render it liable therefor; or as against the undersigned to agree wi,,h said Grand Trunk Eestern Railway Company to cause the undersigned to do any part or portion of any of such work at its own expense or to impose or assess any part or portion of the cost of any such work against the under- signed or render it liable therefor. The undersigned further remonstrates against each and every term and pro- vision of said contract .which provides for or contemplates the imposition upon or assessment against the undersigned of any part or proportion of the cost of any of the work to.be done in connection with or as a part of the performance of said contract or the imposition of any part of said work uoon the undersigned at its own expense. And as ground for such remonstrance and objection the undersigned states: FIRST: That the grade separation provided for in said contract at the in- tersection of streets along and over which the undersigned owns, maintains and operates_. street and interurban street car lines aiid mentioned in said contract are not existing grade obossings, and that in, such circumstances said City of South Bend and said Grand Trunk Western Railway Company are jointly or severally without authority under the laws of the State of Indiana, statutory or otherwidwg to impose or assess any part or pro- portion of said cost upon the undersigned or render it liable therefor or cause it to di any such work at its own expense* SECOND: That said City acting alone or jointly with said Grand Trunk Western Railway Company is without authority or power to assess against or impose upon, or, as against the undersigned, to agree with said Grand Trunk Western Railway Company to -assess or impose upon the undersigned any part or proportion of the cost or expense of the work to be done in connection with or as a part Of theperformnce of said con- tract or to impose any part of said work upon the undersigned at its own expanse. RespecTfully submitted, CHICAGO, SOUTH BEND & NORTHERN INDIANA RAILWAY CO., By Harry R. Wair, its attorney. 190 Monday March 24, 1924. Continued. 1. City Councilmsn John Olejniczak appeared before the Board in favor of the favor of the signing of the cnntract above mentioned. Attest : .- Clerk of;Bdard Tuesday March 25th.9 1924. I Y j Z1111.117 _.X11 `- _L1 President, Board met, in regular session at, 9:00 A.M. All members present. Atty. Miller Guy appeared before the Board representimg County Commissioners and presented resolution granting permission tothe County to extend pavement on Prairie Avenue. Same approved as follows: - State of Indiana } City of South Bend ) SS BEFORE THE BOARD OF PUBLIC WORKS R E S O L U T I O N. Indiana, That: Resolved by the Board 6 Public Works of the City of South Bend, WHEREAS, on the third day of January , 1924, Joseph C. Rerrick and others, filed in the office of the Auditor of St. Joseph County,. in the State of Indiana, their petition for the improvement of a certain highway, under an Act of the General Assembly of the State of Indiana, commonly known as the " County Unit Road Act," the beginning, course and termination of which proposed improvement is as follows: Beginning at a point on Prairie Avenue, in the City of South Bend, in said County, Where it intersects the east line of.Grant Street, in said City, beging the south- westerly end of the con6rate Wement on said Avenue; thwne- running in a southwesterly direction along and upon said Prairie Avenue to the southern boundary line of said City of South Bend; thence continuing in a southwesterly direction, - from the corporate limits of said City, along and upon said Liberty Highway, through Section 2122 and 29, of Township 37 North, Range 2 East, in said County, to the public highway - commonly known as the Nasturtium Road, on the North and South Quarter section line of said Section 291where it terminates. And Whereas, said petition was afterward duly referred to the county surveyor of said county, and said Board of Commissioners and County Surveyor have t1uly filed their determination and report thereon, with complete puns, speci- fications and an accurate profile of the said highway to be improved by said pro- ceedings: And Whereas, a part of said highway proposed to be improved is within the corporate limits of the said City of South Bend, which said part is a ` portion of Prairie Avenue, in said City; Therefore, be it resolved by the Board of Public Forks of the City of South Bend, Indiana, that this Board does hereby consent to and approve the said proposed improvement of said street and highway, and of said portion of said Prairie Avenue in said City of South Bend, by the Board of Commissioners of St. Joseph County, State of Indiana, under said petition, as set forth and described in said proceedings, and according to the plans, specifications and profile now on file in the office of the Auditor of said County; the grade within the City is to con- form to the established grade of said Prairie Avenue in said City.