Loading...
HomeMy WebLinkAbout12/19/1916 Board of Public Works Minutes327 Board met in. regular secs ion at 10: 00 A.M. All members present. City Attorney present, _ The Board requested the City Attorney and the City Engineer to draw up the necessary resolution prov id ing for the plans and . spec if scat ions for the Track Separation of the New York Uentral Railroad Company. . The matter of the Widening of Eddy Street and Mishawaka, Avenue from Jefferson Blvd.. to Nineteenth St. was taken up by the City Attorney with the Board and d isussed. The. -:following communication and contracts received and read and.,_ December 19,1916. Board of Public Works of the City of South .Bend, S ouhh Bend,, Ind isna . Gentlemen:.. RE: N.Y. Central Track elevation. I hand you herewith in triplicate the contract relating to the separation of grades at Chapin Street and Michigan Street. These contracts are now signed by the Chicago, South Bend & Northern -Indiana Railway Company and I believe embody the understanding that has gro-m out of our frequent conferences on the matters covered. Of course, it is understood that this contract will not become effective until the. construction of the two intersect ions mentioned, in accordance with our inf orma 1 understanding, has been definitely fixed by the modified res olut ion .or other proceedings of the Board of Public Works and Common C ounc it . Very truly yours, HARRY R . WA IR To E . M. Morris. TO THE COMMON COUNCIL OF TH CITY OF SOUTH BEND, IND IANA: GIENTIEWN: The undersigned, the Board of Public Woeks of the City of South Bend, rndiana, begs leave to s-ubmit herewith to your Honorable Body a contract and agreement entered into by said Board on behalf of the said City, and the Chicago, South Bend & Northern Indiana Railway Company. The undersigned also submits herewith a form of ordinance approving and c onf irming such contract add agreement for adoption by your Honorable Body. E . M. MRRR IS A. H. RICE JOHN B. WEBER BOARD OF PUBLIC WORKS OF THE CITY OF 'SOUTH BEND, Ik1D IANA. A G R E E M E N T 4°TiEREAS, the City of South Bed.d, Indiana, by and through its Board of Public Works and Common Council is now taking steps requisite and necessary for the grade separation of the tracks of the New York'Central Railroad Company and certain streets and public ways in said City; and, WHEREAS, the Board of Public Works of the said City has heretofore adopted modified Resolution Number 2 in proceedings now pending before said Board to effect such grade separation, which said resolution so adopted is now pending before the Common Council of said City for its action thereon, and which said resolution among other things provides for grade separation of the tracks of the said New York Central Railroad Company and the grade of Michigan and._Chapin Street capon which said streets street railway tracks of the Chicago, South Bend & Northern Ird iana Railway Company are located; And, ° WHEREASip the Act of the General Assembly of the State of Indiana approved march 4,1911(said law being set forth in the published acts of said state fro the year 1911, at page 314 at seq) under which said proceedings are being had, provides that street railwaycompanies shall not be required to pay any portion of the cost of such senara,tion where the clearance from the top of the rail of the tracks of the railway company to `the lowest pert of the supers-tructure above the street is less than sixteen feet; And, WHEREAS, said. -City desires to make said clearance at said Chapin Street Fifteen feet and two inches (151--2") and further desires said railway Company to pay such sum of money as would be assessable against said Railway Company under the terms of said act were said clearance made not less than , sixteen feet, said sumin no event to exceed the sum of Five Thousand($5,000.00) Dollars: And, WHFREAS, the act of the General Assembly above mentiinudd provides for an contemplates only the elevation or depression of steam railroad tracks already constructed and in use.on and over the crossings of streets and other pub 1 is ways: And, WHEREAS, the said New York Central Railroad Company nova' has a:nd' us°es at its intersection with said Michigan Street.three tracks but desires the option of increasing said number to four tracks: And, - WHEREAS, said act further provides that in case the track or tracks of any street railway company are upon the street being improved at its inten- tion with any steam railroad track or tracks, then such street railway'company shall pay ten per cent (10%) of the cost of such improvement at such crossing where its tracks are so located, but that the cost or amount assessable against or chargeable to said street railway company for or on account of any such alter- ation or change of the grade crossing at any intersection including all work or improvement connected trherewith or caused thereby shall in no event. exceed the sum of Five Thousand (59000.00 ) Dollars: And, WHEREAS, notwithstanding said actdoes not provide for or contemplate the improvement of any street intersection in such manner as to accommbdate Jta a greater number of steam railroad tracks than no exist and are used at such inter- section, said City desirea to pert -At said New York Central Railroad Company, if it shall so elect, to build a superstructure and make an improvement at the inter- section of said Railroad Company's tracks with said Michigan Street sufficient to support and accommodate four steam railroad tracks without relieving said.Street Railway Company from the payment of its proportion of the cost ofmaking the grade alteration at said intersection, as fixed by said act, were said superstructure and improvement effecting such grade separation at said crossing constructed only to support and accommodate the.three steam railroad tracks now located and"in use upon said intersection. NOW, THEREFORE, This agreement witnesseth: In consideration of the mutual covenants and agreen',I-nts herein contained and set forth, it is hereby agreed by and between said City and said Railway Company that said City shall effect or cause to be effected the separation of said New York Central Railroad tracks and the grades of both Michigan Street and Chapin Street together with the Street Railway tracks thereon according to the plans and details now contained and set forth in said Modified Resolution Number 2, it being particularly agreed that the clearance aforesaid at Chapin Street shallnot be less than fifteen feet and two inches, and whenever the elevation of the tracks of the said Few'York Central Railroad Comi-)any shall be extended westerly from the point now des-ignated as the westernmost point of such elevation in said modified resolution, then and thereupon and concurrently therewith said City shall cause said clearance for said Street Railway at Chapin Street to be made not less than sixteen feet.. 32y And said Railway Company d.n its part hereby waives its right to said sixteen foot clearance at said Chapin. Street until such extension of said track elevation shall be made, at which time said -Railway Company's clearance at said street shall be made not less than sixteen feet. Said Railway Company further agrees upon the final completion of said grade separation at said= Chapin Street and all work inc ident thereto in accordance with the terms of said modified resolution to pay such sum as would be assessable against it under the terms and provisions of said act of 1911 were said clearance made not less than sixteen feet, but in no event shall the sum so charged and the cost of said Street Railway Company for or on -account of any such alteration of said Chapin Street grade crossing, inc 1•ud ing all work or imnroverrments connected therewith or caused thereby, exceed the sum of Five thousand.($5,000.00)Dollars. And it is expressly understood that the work to be done at said Chapin Street in effecting said grade separation shall be con- fined to such work as may reasonably necessary to accommodate the steam railroad tracks now existing at such intersection. Provided, however , that in the event that said work at said Chapin Street shall be completed within less than thirty months. from the date hereof the sum that may be properly assessable against said Railway Company (not exceeding the sum of $5,000.00) shall not become du, and payable from said Railway Company until the expiration of said period of thirty months. And it is expressly understood and agreed between the parties hereto that said Railway Company shall not be aasessed or charged with, .or become liable for, the payment of any further sum in connection with or incident to the increase of such clearance at Chapin Street to not less than Sixteen feet as herein contemplated. Said railway company ag:'rees further that if said grade separation at said ki higan Street and all work incident thereto shall be completed in accordance with the terms of said Uod if ied Resolution and by the construction and erect ion of a super- structure and improvement for the support and accommodation of the three existing steam railroad tracks, said Railway Company shall upon such completion pay such sum as would be assessable against it under the terms and provisions of the said act of 1911. - But in the event that said separation at said Michigan Street crossing shall be effected by the construction, of a superstructure and improvement designed for the accommodation of any additonal stem railroad track, making a total of four steam railroad tracks at said intersection, then and in such event said Railway Company shall only b liable for and chargable with such part and portion of the --ost of such separ- ation as it would have ,been chargeable with and liable for. >under the provisions of said act of 1911 hasd such superstructure and improvement been made for the support and accommodation of the three present existing steam railroad tracks only, and of . the same general design and character of construction as is used in the superstructure and improve- ment actually made. Arad the exact amount of the part and portion of such cost socharge- able to and accessable against said Street Railway Company shall, upon the completion of said superstructure 'and improvement at said Michigamn Street :)e determined and fixed on the basis set forth*in this paragraph by a committee of three engineers, one of whom shall be appointed by said C iVy, one by said New York Central -Railroad Company and the third by said Street.Railway Company, and the amount so chargeable to and assessable against laid Street Railway Company shall be unanimously agreed to by each and all of said engineerts . ; and in the' event that any one of said engineers .shall dissent from or dis- agree with the others as to the amount so to be fixed then and thereupon said engineers shall by unanimous consent and agreement appoint two additonal engineers, members of the Amerian Society of Civil Engineers, to act with said three engineers: as a committee of five, a majority of whom shall have the authority and power to fix and determine such amount. But it is expressly understood that the sum so to be fixed shall in no event exceed the sum that said Street Railway Company would have been chargeable with under said act of 1911 had a :superstructure and improvement at said intersection designed for the support and accommodation of three steam ra ilwead tracks been constructed of the same general design and character as the superstructure and improvement actually con- structed, nor shall the sum so fixed in any event exceed the sum of Five Thousand ($5,000.00) foror on account of any such alteration of said Michigan Street crossing, including all work or improvements connected therewith or caused thereby, nor shall said Railway Company in any event be liable "for or chargeable with a sum exceeding the stm. of, five Thousand (0 5,000.00)Dollars for 'or on such account. It a is hereby agreed between the parties that all expenses incident to the determination of the amount to be charged against said railway Company for an on account of said work at said Michigan Street intersection shall be borne equally by said City, said Railroad C omoany and said Street Railway C ompa-gy. T1i.is contract shall be binding upon and inure to the benefits of the parties hereto, their successors and assigns. IN iIITNESS WHEREOF the City has caused its name to be signed by the members of the a6and of 'Pubt-ic- works of said City, and the Chicago, South Bend a -Northern Indiana Railway Company has caused its name to be hereto set and its corporate seal affixed by Charles M. Murdock, its Vice-president, duly authorized thereunoo, this 19th. day of December 1916. (over) 33U CITY OF SOUTH BEND, INDIANA. BY Ela. 'M�ORRIS A. H. RICE joHN MER B. WE Board of Public Works. CHICAr.q-O,,SOUTH BEND & NORTHERN INDTANA RAILWAY C Olf PiANY by CH?RLES .11. MURDOCK, Vice Pres. Approved as to form Harry R . ,flair ,General. Couns-el- 12/8/16 ATTEST: G. V. Carrier Asst. Secretary. (S E A L The followinE claims presented to the Board. Voucher Number Salaries Dept. $458.48 Enginee�ng Dppt. Sa ries 10,70 1071 551. 59 -payroll 1072 191.37 Eugene Dietzgen 1073 16.58 Frazier & 'Frazier 1074 6.80 Bugbee & Schock 1075 1.40 Electric Service Co. 1076 1.75 Standard Oil Co. 1077 38.25 Street- De-pt. Salaries 1078 316-00 nn lilt Payroll 1079 26.25 nn tilt Payroll 1080 500.21 G "s- i>b a P:e Dept. payroll 1061 312.00 Miscellaneous payroll 1082 25,00 E. B. Rupel 1083 5.85 C. H. De Frees 1084 296.97 Elec. Service Co. 1065 13.42 City Hall payroll 1086 140-00 The Tribune Prtg. Co. 1087 121.37 Stret LightinL,4', Payroll 1088 32.50 City Cemeter-j Dept. 1069 88.63 Geo., 1411. Urey logo 10.00 "1? 1091 24-00 Hoffman Sand & Graml-1 Co. 1092 5.20 F. C. Reimold & Co. 1093 14-15 Typewrit-Dr S40p 1094 .85 City Cemetery S--1ary 1095 83.37 Str -et Rep -air Dept. 1096 99.85 Fred T, Mlartuin, Treas. 1097 loge 92.43 508-36 Buildin,-,-, Dept. payroll Elec. Service Co. logo 4.-2 Harr & Herr 11.00 23-40 J. E. Havens 1101 6-67 C. A. Perkins. 1102 112.50 W. D Teeple 1103 ? 6.6-7 All of the above claims were allowed by 4131J�FjI9 1. President. 33i Board met in regular session at 7:45 P.1. All members present. Hearing given on Condemnation Res olut ion . No. 46 for the opening, of a highway across parts of lots 10,12 13 and 14 Coquillard's 2nd. Addition along north River banK from Notre Dame Street to St. Peter Street, In the City of South Bend Indiana. o In the above matter remonstrators appeared and wxi$ttan remonstrances .were filed. Attorney Gaylord Case appeared representing a number of property owners' against said opening. Attorney Crane repres nt ing Geo. Cutter Company appeared and filed written remonstrance. The Board after due consideration decided to defer said hearing until Tuesday Deeemb l-r 26th. ,1916 at 7:45 P. MI. Hearing had on assessment roll and final estimate for curb and wilk ✓ on -Ninth Street from Pleasant Street to St. Joseph River, under Improvement Resolution No. 462. In the City of South Bend, Indiana. In the above matter Ur. Stines representing lAatie E. Howie property appeared and remonstrated against assessment, no written remonstrance was filed. The Board after due consideration decided to defer said hearing until Tuesday December 26th.,1916 at 7:45 P.16. _ Hearing had or, assessment -roll and final estimate for water connections on liichi,�an Street from La Salle Avenue to South Street, under Improvement Resolution No. 430. In the C ity` of South Bend, Indiana. In the above matter Attorney Romig representing Mrs. Julia Daugherty appeared and remonstrated against her assessment. Also'Jas. A. Judie respresenting Haines Eggert of Goshen appeared -and remonstrated against assessment. No written remonstrance filed. The Board after due Consideration find that said assessment roll should be modified as follows:- To cut-off and from the assessment of Vever Seeberger curb cock $3.00, labor$$.80. Lax and Abe Livingston curb cock -03.00 and $1.80 for labor; Frank B. Warner extras $.90 and$S.90 Barabara Speth $1.50 and $.90; John I-Uitchell• $3.00 and $1.80: Sidney Anger $.90: Julia Daugherty, .3 00 and $1.60: Same to be cut off as hot being prover assessments, $12.75 to be cut off and from Julia. Daugherty assessment and same to be charged to City of South Bend by reason of work ordered by City through the Water Department and not by Julia Daugherty, and the Board further find that balance of pr.cperty_-A.ssessed in said rolls filed November 28th. ,1916 is benef fitted in the amount of assessments as shown on said rolls, and the Board further find that the assessment rolls Piled November 28th.,1916 and the final estimate allowed November 28th. ,1016 should be knd the same' are hereby in all -things ratified, Confirmed and appr oved as mod if ied. Hearing given on rolls -of awards of damages and `assessments of Benef its; (:benefits'-nad damages equal) in the matter of opening of Pokagon Street' across the right of way of the Southern` Michigan Ry. Company and Michigan Central Ra ilr'©ad Company, under Condemnation Resolution No.' 45, In the City of South Bend, Indiana. in the above matter no remonstrators3appeared and no remonstrance was filed4` The Board find that the property mentioned in said rolls are benefited anal -damaged respectively as shown in said rolls and said rolls id hereby in all things ratified*,, confirmed -and approved, and all act ion =under Condemnation Resolution No. 45 is hereby concluded*, (See Copy of roll on Page 332. ) Hearing riven on rolls shoring awards of damages and assessments of benefits in the matter of Vacation Resolution No. 31 for the Vacation of a part of East Madison Street on East side of East Race, in the City of South Bend, Indiana. In the above matterAttorney S. Parker representing Fxmn ?-ITic�'ly Company appeared for said improvement. The Board continued said hearing from this date to December 26th.,1916 at 7:45 P.M. to afford others a hearing :who were unable to be present by reason of a defect in their notice or unable by reason of a misunderstanding as to the date of hear ing. . 332 PROPERTY APPROPRIATED, Beginning at the intersection of the north line of Pokagon Street as ulatted in Hillcrest Addition to South Bend, Indiana, and the westerly lire of the kichigan Air Line Railroad'Co's right of way; thence easterly to a point on the easterly line of the right of -Tay of the Southern Iv'jch.igan Railway Co. 284 feet south of the north line of Section 1 Tp. 37 N. R. 2 E. thence southerly along the easterly line of the right Bf way of the Southern Michigan Railway Co. 62 feetl thence westerly to � point on the westerly line of the right of way of the Michigan Air Lire Railroad Co. in line with the south line of pokagon Street as platted in said Hillcrest Addition; thence northerly on the westerly line of the 1,1ichigan Air Line Railroad Co. right ,of way of the place of beginning. THE FOLLOWING DESCRIBED PROPERTY lvPAY BE INJURIOUSLY OR BENEFICALLY AFFECTED BY SUCH APPROPRIATION: DAi�`AGES BENEFITS NET DWAGES NET BEa FF'ITS, All of lot 351 Hillcrest Addition to Navarre Place. Navarre Place Corpora ation. 00.00 00.00 00.00 00.00 Allfof lot 352 do do Navarre Place Corpora- ation unrecorded deed to Thomas W. Slicl& 00.00 00.00 00.00 All_of lot 353_ do do do do 00.00 00.00 00.00 All of lot 354 do do John E. McCrae 00.00 )0.00 00:00 All of lot 355 do do Warde L. Mack 00.00 00.00 00.00 All of tot 356 do do Navarre Place Corpora- ation. 00.00 00.00 00.00 All of lot 357 do do do do do 00.00 00.00 00.00 All of lot 358 do do do do do 00.00 00.00. 00.00 All of lot 359 do do Navarre Plane Corpora- - ation,unrecorded deed a .l • to Vernon C. Mastimgs 00.00 00.00 00.00,- All of lot 360 do -do do do do. 00.00 .00.00 .00100 All of lot 361 do do do do • do 00.00 00.00 00.00 All of lot 362 do do Christian Singer 00.00 00.00 00.00 All of lot 363 do do do do 00.00 00.00 00.00 All of lot 364 do do do do 0 �.00. 00.00 00.00 All of lot 372 do do John E. UcCrae 00.00 00.00 OO,no Right 16f way 60 feet wide, extending from Angella Avenue southerly to a point 2 0 feet southerly from the south line of Pokagon Street Ilich igan Air L it e Railroad Co. (Michigan Central Railway Co.) 00.00 00.00 00.00 Right of way 50 feet wide, extending from Angella Avenue southerly to a point 200 feet southerly from ' the south line of Pokagon Street. -Southern Michigan 00.00 00.00 00.00 Rail�ray Co. All of lot 4 Samuel Leeper's ' First Addition. Ss,-uel Leeper 00.00 - 00,00 00.00 All of lot 5 do do Samuel Leeper 00.0,0 00.00 00.00 All of lot 6 do do 'Samuel Leeper 00.00 00.00 00,00 All of lot 7 do do Samuel Leeoer 00.00 00.00 00.00 All of lot 8 do do Samuel Leeper 00.00 00.00 00.00 All of lot 9 do do Joseph Wolf 00.00 00.00 00.00 Beginning 14 feet west of the :vest ' corner of lot 3 in Samuel Leeper's First Addition to t e City of South Bed; thence south 314 feet to at point 14 feet west of the south west . corner of lot 9 in se.id ".ddition; thence west 203 feet to the easterlkline o the Southern Michigan Railway right of way . thence northerly along the easterly line of said right of Tway to a point west of beginning; thence 284 feet to the place of Samuel Leeper OOz00 00 00.00 begin-, ing. 00.00 00.00 00.00 00.00 Respectfully submitted this 28th. day of November 1916 FRE DERICK J. ANDERSON, Civil Engineer. ,A ✓ Hear ing had on ass essment roll and f in�a,l est imate for Cleaning and Deepening of` McCartney Creek from'La Salle Lake to a point 300 feet north of center of Vassar Avenue, under Improvement Resolution No. 456. In the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remonstrances was filed. The Board therefore find that the property assessed_;ir_ said rolls AiledNovember 21st. , lQ16 is benef itted in the amount of assessments as sholriin on saidrolls, and the Board further find that the assessment rollf sled November 21st. ,1916 and the final est immate allowed November 21st. ,1916 should be and the same dre hereby in all things rat if ied, c onf firmed and approved. The following resolution approved by the Board and the Clerk ordered to send co-oy of same to the ltichigan Central Ry. Company. R E S 0 L U T I 0 N • Res olved, by the Board of Public Works of the City of South Bend Ind. that the Vichigan Central. Ry. Company he notified to waterproof the viaduct running over Leeper Avenue in thds City within the next -Sixty (60) ° days. Resolved further, That the Lichigan Central Railways Company be, notified to change turn table located on East Cedar Street this City, within the next One :Hundred and twenty (120) days., otherwise -will be enforced by legal proceedings. Petition for light ,at 601 South Jackson Street also 2nd. alley s outh of-i-ur-eA- Star-e-et f iled by John SM"ogor, the same placed on f ile for invest igat ion. The following communicat ion was received read and placed on file. • Dec 1E)91916. Board of Pub 1 is Works, City of South Bend, South Bend, Ind. Gentlemen: - The 5--Post Street Lighting on Michigan Street was all turned on last Wednesday Night and has been on cont inuo7gsly since then and as soon as we are sure that everything is wor?;ing satisfactorily, the Are lamps will be turned off. This will mean that no .arge will be made for the Are lamps on Michigan Street after the 15th. but that a charge for the Ornamental Light irg will be; made. An extra effort was made to set this street fixed up in order to accommodate the Merchants for the Holidays and it may be we will get another short street fixed up this week. Yours tru-1y, F. A. BRYAN, Pres . & Gen. 14gr. FAB%T Cormunication received from the Travelers Indemnity Company in regard to Boiler inspection in the City Hall made Nov. 25th. ,1916.. Same read ?.nd placed on file. President.