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HomeMy WebLinkAbout10/24/1923 Board of Public Works Special Meeting Minutes59 Tuesday October 23rd.2 1923. r Board mete in special session %. t,,7:30 P.M. Mr. L. P. Hardy absent. -Meeting adourned, to the Council .rooms . !This meeting called to notify contractors and plumbdns, of Ordinances pertaining to excavations in City Streets. About one hundred parties were present and each was presented with a copy of ordinances, and instructed to obtain permit, from Engineering Department before starting any excavations. Attest: - G Presid nt. Clark of tFF Boar- .'_ Wednesday October 24th.9 1923. Board mettl in special session at 9:00 A.M. L. P. Hardy absent. Atty. Obenchain and Walter Dennis reprlesenitng the New Yersey, Indiana and Illinois Railway Company in reg and to resolution for v%oatdon of a part, of-Kaley Street, ,under Vacation Resolution No. 78 and same is continued to October 31st., 1923.at 10:00 A.M. - - Attorney OBenehain presented petition and resolution with blue prints for the crossing of Kaley Street with eight (8) additional switch tracks. Petition approved and resolution adopted and set for hearing as follows:- STAN OF INDIANA ) S` . JOSrPH'COUNTY ) SS B&POR THE% BOARD OF PUBLIC WORKS OF T HG CITY OF SOUTH B� ND. PETITION OF THE NSW J0&RS&Y, INDIANA & ILLINOIS RAILROAD COMPANY FOR CONS✓NT TO LAY ADDITIONAL TRACKS. To the Honorable Mayors Common Council, Bind Board of Works of the City of South Bend% Your petitioner, the New Jersey, Indiana & Illinois Railroad Compny, respectfully show by this, its petition: IL,, That said petitioner is a corporation duly organized and existing for the purpose of operating a_steam railroad and particularly organized and existing under and by virtue of hhe general laws of the said State .pertaining tuthe organization and existence Of steam railroads. 2 That said petitioner is duly authorized to maintain and operate its present steam railroad in the City of South Bend under and by virtue of Ordinance Number 1250 adopted by the Common Council of the City of South Bend, Februar3 28th,, 19o4,-and Ordinance Number 21009 adopted by the Common Council of the City of South Bend, July 12th., 19200 _ 3. Your petitioner further Bespeetfully shows that its owns, c operates .and controls gy steam. railroad in the said State of Indiana, and partiularly in and through St. Joseph County, in said State, and in an from thestation of Pine in said County in a northerly direction in and to the City of South Bend., and is a common carrier of Fraight and passengers for hire, both in stat4 and interstate com- merce; and that its line of railroad connects with and furnishes interchange of traffi< withother lines of railroad engaged in such commerce; that in order to gxixteprovide accommodations necessary to accomplish the purpose for whiag said Company was incorporated, and in order to furnish proper and adequate public facilities in the discharge of -its duties as such common carrier, and for the purpose of -improvement of its road by hhe enstruction of additional yard facilities and round house, it has become and is necessary and desirbble that the said petitioner construct, operate and maintain across Kaley Street, in the Southwest gyaarter of Section i5,Township 37 . t- Wednesday October 24th., 1923. Continued. North Range 2 East, additional switch or yard tracks, in said City; that said .petitioner has by pirehase, acquired the fee simple title to the necessary lad lands -therefor. And petitioner s-.ys that it desires and intends to use such additional side or yard tracks, and the land obtained therefore for railroad purppeae in the storing, receiving, handling and delivery of freight and,passeR ger cars and locomotives and for storage and handling of locomotives and tendev and to put the, same to such uses as such yard tracks and facilities are general ly ;_,ut in.the operation of a steam railroad as a public carrier,. 4. That all of said add Lion ,i _tracks will stand upon land owned by petitioner; that t1a,e exact location of said tracks is.more specifically shorn by a map attached hereto and made a part of this petition, WHEREFORE THIS petitioner prays that it be granted permission _ to construct, maintain and operate said additional tracks across Kaley Street $ in the City of South Bend, NEW JERSEY, Indiana at Illinois Railroad Company - • BY TONES, Montgomery $i Obenchain i-,j,orney. IN THE MATTER OF THE PETITION OF THE NEW JERSEY, INDIANA AND ILLINOIS RAILROAD COMPANY FOR PERIiISSION TO CONSTRUCT, MAINTAIN AND OPERATE ADDITIONAL SWITCH IrsakX OR YARD TRACKS ACROSS KALEY STREET IN THE CITY OF SOUTH BEND, R E S 0 L U T I o n. RESOLVED, by hhe Board of Public Works in the City of South Bend,,Indiana, that the petition of the New Jersey, Indiana & Illinois Railroad Company heretofore filed, asking for permission to consl„ruct, maintain and operate eight additional 'switch or yard tracks across Kaley Street, as here- inafter further set forth, be and the same is hereby granted, on the following terms and.conditions, to--wit:- 1. Said additional switch or yard tracks shall be constructed on lands owned by the.New Jersey, Indiana & Illinois Railroad Company and situated in the north part of the S. W. k of Section 15 t. 37 n. R. 2 E. and shall cross kaley Street at grade. 2. Said additional switch or yard tracks shall be constructed maintained, used and operated according to the terns of the franchises hereto- fore granted to the said New Jersey, Indiana:& Illinois Railroad Company, which, said franchises were contained in an Ordinance adopted on the 2Rth.' day of February , 19049, and an ordinance adopted 'on the 12th. day of July 1920, and all ordinances amendRtory thereof or supplemental thereto. The said New Jersey, Indiana & Illinois Railroad Company, its successors and assigns shall bo construct its said tracks as to cause the least obstruction possible to the passage of persons and vehciles and shall always maintain said crossing so as to make the same safe and convenient f for the passage of persons and vehicles, and shall at all times, when required by the Common Council of the City, and at its own expense put an flagmen at sa2d street crossing, and said Company, its successors and assigns, shall make and maintain under its said tracks, sufficient culverts and (?rains to admit the free passage of water along said street and shall when required by said City plank said tracks between rails anc� within at least six 96) feet on each side of said rails at such street_drossing the entire width pf said street and shall when so required also plank the sidewalks where they cross such tracks ad and shall keep such crossings when so made in good repair and enditiaa enditios If said Railroad Company, its successors and assigns, afternotices shall fail or refuse to do any and all of. the things required by this contract, then the same ,shall be done .under the orderes of the Council by the -Street Commissioners of this City and the expense of doing the same, with a ,penalty of twenty (20per cent) .pKx be .receovered from said Company, its successors and assigns in any court -of competent jurisdiction. The said Railroad Company, its successors and assigns, shall be subject to all ordinances and regulations now in force, or any that maybe hereafter passed by the Common Council of said City in relation tothe spee-ed of trains in or through the City and the security of citizens and others from the operation of trains ;in or Through said City and to all reasonable regulations and ordinances concerning the running and operation of railroads in saide City. The right and privileges herein granted to construct, maintain, and operate additional switch or yard tracks shall include the right to construct maintain and operate.sueh-turnouts, erosswuers and connections as may be necessary. To each of the terms, conditions provisions, stipulations, and requirements, of this contract the City of South Bend, -by and through its Board of Public Works, party of the first part herein=and the said New Jersey, Indiana & Illinois Railroad Company,°`party of the seoond part herein, do fully agree and do bind themselves$ ,heir successors and assigns. .30 The permission hereby given shall be subjeet-to the approval and confirmation of the Common Council of the City of South Bend, AND, BE IT FURTHER RESOLVED, by said Board of Public Works, that Friday the-19th, day of Nov. 1923, at 7:15 o'clook P. M. at the office of said Board of Public Works in the City of South Bend, -Indiana, be fixed as the time and place when and whre this resolution shall be finally consided and a public hearing ,hereon shall be had, and at which time protests against any or all the provisiions of said resolution shall be heard and considered, and that notice of the time and place of such hearing shall be given as required by law. IN TESTIMONY WHEREOF, we have hereunto set our hands'and seals this 244th.day of October 19239 in duplicate. THE CITY OF SOUTH BEND, : BY L. B. SLAUGHTER L. P. KARI)y ALBERT F. HONER Board of Public Works of City. Now jersey, Indiana $E ILLINOIS RAILROAD COMPANY BY W. A. DENNIS Accredited Agent. Attest:- Pres dent. Clerk of the Boar .