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HomeMy WebLinkAbout06/02/1920 Board of Public Works Special Meeting MinutesBoard met in spec a1 sess ion. at 9:40 F.M. E. F. Rostiser absent. Attorney Vitus Jones .and .Mr. Fines of the New Jersey, Indiana & Illinois`Ry. Company m6t`with the Board and the foollowing notice, resolution and agreement was granted by the .Board, and s gned, NOTICE. Notice- is hereby 'given . than the Board of Public Works of the City of South Bend,Indiana, in the matter of the pit it ion -of. the New Jersey Indiana d Illinois Railroad Company. for permission t.o, construct, maintain, and operate ran industrial spur track across certain streets and alleys in the c ity ,'of South BOnd_, has determined upon the exact form in which said proposed franchise Dr permission will be considered and ad opted and has fixed the time and place fr public hearing on the prov is ions of said grant or franchise and any protests filed against said grant or franchise or any provis ion thereof. The form of said franchise or. permission together with the time and -place of said hearing, is set forth in the following res olut ion, to -wit: - IN THE MATTER OF THE PETITION OF THE NEW JERSEY, INDIANA . & ILLINOIS RAILROAD COMPANY FOR PERMISSION TO CONSTRUCT, ' MA INTA IN AND OPERATE AN INDUSTRIAL SPUR TRACK ACROSS CERTAIN STREETS AND 'ALLEYS IN THE CITY OF SOUTH BEND.. R E S 0 L U T I 0 N. _ RESOLVED, by the 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. t o construct, maintain and operate an industrial spur track or tracks across certain streets and alleys, as hereinafter further set forth, and the same is hereby granted, on the following terms and condi- t ioh, to -wit: -� 1. Said industrial spur track or tracks shall be constructed along the following described route, namely; intersecting the corporation line of the said City of. South Bend at a point about two hundred (200) feet west of the east line of Hdat ion Sixteen 16) Township thirty -seven (37) . North, Range Two (2) East and immediate- 4- south of the east and west eenber line of said section, and c ont inuing thence in a general eastet ly direction across the remainder of said Section sixteen (16) to and across •the . east line of said section 16 and continuing in an easterly direction across the north end of the south half (�) of section fifteen (15). said township and range, to a,.point e;bout six hundred fifty-two and 5110 (652.9)- feet west of the north and south center line of said section fifteen ! 15.); . thence curving and bearing in a northerly direct ion across the southeast corner of the southeast quarter Od) of the northwest quarter (j) of Section fifteen (15) across the said north and south center line of said. section fifteen (15) at a point about two hundred forty-two and 6/10 (242 .6) feet north of the center of said section fifteen (15) to and along the south side of a certain right of way and railroad known as the. St. Joseph, South Bend & Southern Railroad , and now leased and operedted by the Michigan Central Railroad Company, and the New York Central Railroad Company; thence East on a line parallel and adjacent to the right of way of the St. Joseph, South Bend & Southern Railroad Company crossing said railroad Companyls right of way at a point about five hundred and fifty (550) feet west of the west line of Prairie Avenue; thence c ont inuous ly in a northeasterly direction c orss ing the east' leg of the "Wye" of the Ir.diana Northern Railway Company at a point one hundred ninety-four and 4/10 (194.4) feet more or less west of the center line of Prairie Av nue; thence east parallel with and adajcent to the right of way of the Pittsburg, Cleveland, Cincinnati, Chicago & St. Louis Railroad Company to a point in the west line of Lot seven (7) in F C. Raff's First Addition to the City of South Bend, said industrial spur track or tracks crossing, at grade, Olive Street, Walnut Street, the north and south alley between Kemble Avenue and Catalpa Avenue, Prairie Avenue, Kemble Avenue, Catalpa Avenue, the north and south alley between Catalpa Avenue. and Chpai street, Chapin Street, the north and south alley between Chapin Street and Kendall Streets, Kendall Street, and the first north and south alley.east of Kendall Str-eet, all in said City of South Bend, Indiana. o34 2. < Said industr dal spur track or:. tracks shall be constructed, zxm maintained, used, and operated according to the terms of the franchise heretofore granted to the said New Jersey, Indiana & Illinois Railroad Company, which said franchise was contained in a certain ordinance adopted on the 28th, day of Februsry,1904, and all ordinances. amendatory thereof or supplemental thereto 'that that this grant is made subject to the private rights o fthe owners of real estate over which said railroad may be located, and upon the express condition that when said railroad crosses any street or alley it shall be made to conform strictly to the grading of such street or alley as heretofore established, or as the same may be hereafter established by the City authorities, unless the City, upon applica tion of said Company, shall consent to variation of said grade. At all street crossings,, the said New Jersey, Indiana & Illinod Railroad Company, its successors\ and` assigns, shall so construct its said railroad as to cause the least obstruction possible to the , passage of persons and vehicles and shall always maintain said orosdings so as to make the same safe and convenient ,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 ' on. flagmen , at any and all of the said crossings, and said Company, its successors and assigns, shall al- ways make and maintain under the line of its railroad within the City sufficient culverts and drains to admit of the free passage of water along the streets and alleys affected in any manner by the construction:. of said railroad and shall plank said track between the rails and within at least six feet 'on each side of said rail at all such crossings the entire width,of such streets and alleys and shall also plank the sidewalks when they cross such right of way and shall keep said crossing when so made in good repair and c and it ion. If said Railroad Company, its successors and assigns, after notice, shall fail or refuse to do any and all of the things required by the Ordin- ance, then the same shall be done under the orders.of the Council by the Street Commissioners of this City and the expense of doing the same, with penalty of twerp per cent., be recovered from said Company, its successors and assigns,, in any court of competent jurisdiction. The said Railroad Company, itssuceessors and assigns, _shall be subject to all ordinances and regulations nowin force, or any that may here- after be passed by the Common Councul of said City in relation to the speed of - trains in or through the City and the security of c it isens and others from the operation of trains in or through said City, and to all reaenzable regulations and ordinances concerning the sunning efid operation- of railroads in said City. And particularly in relation to the placing of lamps at such street crossings and the placing of flagmen as may by the prApe r City authorities be required. The said Company, its successors and assigns, shall not obstruct the free passage of persons or vehicles so as to cause danager or incon- venience, and shall in all cases when a train is 90649 out or coming in, ring the bell s o as to �g ive not icy of its arrival or departure. The right and privilege herein granted to construct, main- tain, and -operate an industrial spur track shal include the right to construct, maintain, and operate a single or double track with such sidetracks, switches, turn outs and crossovers -as may be necessary, provided however, that the New Jersey, Indiana & Illinois Railroad Company, its successors and assigns, shall" not for arW purpose cross any street with more than two tracksiwithout, further consent of the City, but no crossover or turnout shall be construcjted or maintained in any existig or future street. The said company shall f ile :a bond in the office of the City Controller within sixty days after then passage df an Ordinance by the Common Counelt of the City of South Bend, ratifying and c onf irm this contract, which bond steal be approved by the Mayor of the City of. South Bend,! and shall be in the penal sum of one thousand ($19'000.00)Dollars, which bond shall be conditioned upon the completion of its tracks by said Company wihtin they City of South Bend, within one year from the passage of an ordinance ratifying this contract and upon the failure do to do, that the said bond shall be forfeited and all the rights and privileges by this contract granted to the said Company shall be forfieted -and shall revert to the City of South Bend, provided, however, that if the New Jersey, Indiana & Illindis - 35 Railroad Company is prevented from completing its tracks by litigigation or causes beyor4 its control, an extension of time equal to the length of necessary delay so occasioned shall be allowed said Railroad Company. 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 sdAd,New Jersey, Indiana & Illinois Railr company, party of the second part herein,, do fully agree to and do bind- themselves their succesors and assigns. The City shill have the riglit at all times to extend streets and alleys over and across said right of way, as above describedm and the yards of said New Jersey, Indiana & Illinois Railroad Company,, its successors and assigns,, all -without liability for damages, which damages, if any, are hereby waived by said Company as a part consideration for the grantng of this per mission. . 3. The permission hereby given shall be subject to the approval and confirmation of the Common Council of the City of South Bend, AND BE IT FURTHERIRESOLVED,, by said Board of Public Works,, that Saturday, the 19th. day of June 1920 at nine otelock A.M..at the office of said Board of Public Works in the City of South Bend, Indiana, be f ixed, as the time and place when and where this resolution shall be finally considered and a public hearing thereon shall be had, and at which time pretests s against any or all of the provisions of said resolution s-hall:be heard and considered, and that notice of the time abd place of vueh hearing shall. to given as required by law. In T6stimony whereof, we have hereunto set our hands and seals this 2nd. day of June A.D. 1920, in duplicate. THE CITY OF SOUTH BEND,* BY G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. 15EHAVEN Board of Public Works. NEW JERSEY9.INDIANA & ILLINOIS RAILROAD COMPANY. BY To A. HYNES-9 Accredited Agent. President.