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HomeMy WebLinkAbout08/26/1912 Board of Public Works Special Meeting Minutes'5j4 moxUlay AU 811 en ;W. The Board met in special ..session at 10:00 A.M. A11 members present. The Board entered into C:ontraat ,with The Chicago, South Bend .& Northern Indianan Ry., Company for the, double tracking of Vistula. Avenue froma Sample. Street to Ernsperger St reet c,'T0 THE COMMON COUNCIL of the CTY OF SOUTH BEND, INDIANA: The undersigned, the Board of Public Works of the City of South Bendy Indiana begs leave to. submit herewith to your Honorable Body a, contract and agreement entered into by said Board on hehalf of the said City; and the Chicago, South Bend &Northern. Indiana Railway Company. The undersi. ned also submits herewith an Ordinance approving and confirming such contract. and agreement for adoption by.your Honorable Body. OTTO C. BASTIAN BOARD OF PUBLIC WORKS OF THE F E. LAMBERT CITY OF SOUTH BEND, INDIANA. DHAS, F. NIEDBALSKh ' NT. BETWEEN CITY OF. SOUTH BEND, INDI ANA .� and CHI CAGO, SOUTH BEND, INDI ANA -. RAILWAY COMPANY. EXHIBIT ( A) TICS AGREEMENT, Made and entered into this 26th. day of August, 1912, by and be- tween .the City of South Bend, Indiana, by and through its Board of Public Wokks, and the.. Chicago, South Bend & Northern Indiana Railway Company, a corporation duly created, or- ganized and existing under the laws of the State of Indiana, WITNESSETH WHEREAS, The Chicago, South Bend & Northern Indiana Railway Company now operates,-.-,... as a part of its street and interurban railway system in the said City of South Bend, .a single track. line along and upon the northerly . and easterly side Of Vistula Avenue betwen Sample Street -and Ernsperger Street in said City; And, WHEREAS, The ordinary 'risk of accidents and catas`trophies incident to the oper- ation of street and'.interurban, railway lines is greatly enhanced upon said siingle track line of railway by reason of the proximity of said line to the banks of the St. Joseph River and also because of the . curves in said lines flanked with trees and othe r ob je.ct.s which render it impossible for the approach of cars to be apprehended at a proper- and safe distance by those in control of cars operated on said line while exercising the highest degree of care: And, WHEREAS, Said City of South Bend and said railway Company are of opinion that the operation of said line is a constant and unnecessary menace to life on account. of the location and enviroment thereof and that the safety of the traveling public would be .promoted and the interests of the -parties hereto would be mutually subserved by the re- moval of said single track lin a from its said present loeatjon and the reconstruction thereof as a bouble track line along and upon said avenue between said street at- the location and in the mariner and on the terms and conditions hereinafter ,set forth: NOW THEREFORE P SECTION ONE: The said railway company is -hereby requested, directed and authorized to remove its single. street and interurban. railway track and line from the northerly -and easterly side of Vistula Avenue between the north line of Sample Street and the City limits at Ernsperger. Street in the said City of South Bend, and in place thereof said railway company, its successors and assigns are hereby directed , authorized and empowered to eonst ruct , maintain and operate a double track street and i nt-erurbah railway line upon and along said avenue between the said north line of said Sample St., and the said City limits at said Ernsperger Street, together with all necessary and convenient curves, connections, turnouts, cress -over, poles, wires and appurtenances, in- cluding a left hand branch -off, a right hand branch -off and cross-overs with nee- essary connections do front of and to and upon the premises popularly known as Spring b rook P ark , as the may. be o r become ne ee s sary and conveni ent from t ime to' t ime for the operation of said double track along said avenue as a part of said system and as a means of access to and service for Springbrook Park in said City, provided however, that no right is hereby given to construct more than two tracks upon said street, except as to saidCobranch offs. Provided, however, the consent, permission and authority hereby given to said railway company, its successors and assigns _te construct, maintain and operate said da double tracks is given and granted on the following terms and conditions, namely:- 545 a (A) Said railway company shall, as soon as practicable after the ap- proval of this contract .by the Common Council of said: City and the mayor the constru construct said. double .track mpon and along said avenue' -between the points above described in such position and location at all points upon said avenue as to make the center line o the roadway between the curb lines- as hereinafter located the center line between the said tracks, and so as to make the distance between the centers of the tracks of said double track not to exceed ten feet,' six inches (10t 6") and said tracks shall -thereafter ' be maintained in such position and location. (.b) For the purpose of the construction of such double track said rail- way company is hereby authorized to remove so much of the brick pavement now laid on said avenue as may be reasonably necessary to effect the construction of said tracks, and tp- on the completion of the construction of said tracks said railway company shall, at its own expense, relay all of'said pavement so removed. (c) The present width of the roadway' of said avenue from said Sample Street to said Ernsperger Street shall be widened by said city concurrently with the eon- struction of said double track to the uniform width of Party eight (48) deet between curb ,lines, and the curb line now established on the westerly and southerly side of said avenue between said st reet s shall be the curb line on the westerly and southerly side of sid avenue between said streets wrien said roadway shall have been widened as above provid, and said railway company shall concurrently with the const rust i on of said double track extend , at its own expense, the pavement how laid on the easterly and northerly side of" said avenue between said streets from the present limits thereof upon said roadway to tie northerly and easterly verb line of said avenue as re-established so as to give a paved roadway of uniform width of forty-eight (49) feet between the curb lines along the full length of said avenue between said streets, and said railway company shall also, at the time of the extension.of said pavement, construct at its own expense a cement curb a- long the northerly and easterly curb line as re-established; the pavement so to be laid and relaid and the curb so to' be constructed by said railway company to be of the same general chhracter as that now located on the said avenue, and all subject to the approval of the City Engineer. (d) Said railway company shall further construct at its own expense, immediately north and east of said re-established northerly and easterly.curb line of sail avenue. between said str eets and adjoining thecurbso to be constructed by its a cement sidewalk not less than five (5) ' feet in width at all paints where the top of the banks, of the St. Joseph River immediately adjacent to said.avenue is less than twenty-five (25) feet from said northerly and easterly curb line, and said sidewalk to be constructed at si such time as the Board of Public Works may direct, but not later than October 1,1913, (e) Concurrently with the construction of said double track and. said curb and the extension of said pavement, said railway company shall also construct and erect at its own expense a barricade consisting of two three inch gas pipe rails and substantial posts along the northerly and easterly line of said proposed: side walk. at al: poirits where' the top of the bank of the said St. Joseph River immee ately adjoining s1fid avenue is less than twenty-five (25) feet distance from said cyuib line, such barricade and the opening 'whi ch shall be"const ructed subject toe approval of the City Civil Engineer. g al � � d -,�1 � el �- / SECTION TWO: The foregoing power, privilege and authority is hereby given and granted to said company with all rights and subject to all the conditions, re st ri c- tions and regulations (except as herein otherwise provided) contained and 4xpressed In Ordinance Noi 656 adopted by the Common Council of the City of South Bend, Indiana, January 92 1885, and franchise ordinances and contracts amendatory thereof and supple- mental t' ereto, and the same are hereby made a part of this contract; and this contract shall be in full force and effect from and after its approval and conirmation by. an, Ordinance passed by the Common Council and approved by the Mayor .of said City and shall be binding upon and inure .to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF said City has caused its name to be signed by the members of the Board of Public Works of said City and the said Railway Company has caused' its na¢nf to be hereunto set and its corporate seal affixed -by Charles M. Murdock, its Vice. Presider duly authorized thereto., the day and year dirst above written. CHICAGO,SOUTH BEND &. NORTHERN INDIANA RAILWAY COMPANY, BY CHARLES M. BURDOCK NICE PRESI,ANT. CITY OF SOUTH BEND, INDIANA, OTTO C. BASTIAN F. E. LAMBERT CHAS, F. NI ' Bc3ARI5 OF PUBLIC P re si. dent .