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HomeMy WebLinkAbout04/28/1913 Board of Public Works Special Meeting MinutesBoard met in especial session au % *30 P.Di. All members present. A Contract authorizing tl ' 'trdh- greets of the Cite a2:.South Bend, Indiana, by the Chicago, Lake Shore & South Bend Railway Company and the Chicag Chicago, South Bend & Northern Indiana Railway Company, for railway purposes, and fixing the rights, obligations and duties of the parties. with reference thereto. THIS CONTRACT, Made and executed in triplicate this 29th. day of April,. 1913, by and between the City of South Bend, Indiana, by and through its Board of Public Works duly authorized in the premises and hereinafter' sometimes referred to as the "City", as party of the first part; and -the Chicago, Lake Shore & South Bend Railway Company, hereinafter sometimes referred to as the "South Bend Company", as party of the second part, and the Chicago, South Bend &Northern Indiana. Railway Company, hereinafter sometimes referred to as the "Northern -Indiana Companyy"q, as party of the third part, each of which said companies, are corporations organized undw the laws of the State of Indiana, WITNESSETH: THAT, REAS, The said South°Bend Company now -owns and operates.,as a part of Its interurban railway system certain tracks in, along and upon ce-rtain streets and avenues in said City under any by virtue of, and as assignee of, -franchise ordinance number 1214 ap.d Ordinance amendatory there-of`and supplemental thereto,° and, WHEREAS, The said .Northern Indiana -Railway Company ,owns and operates a system of, street and interurban3raile►ay in, along and upon certain streets ..in said - City under aAd by virtue of franchise ordinance number 696 and ordinances amendatory thereof „and supplmental thereto; and, WHEREAS, It is now de-emed to the mutual advantage of all the parties here t+ ,° and the public that said companies be permitted to reconstruct their Lines of railway and readjust the. operations of the same in the manner: hereinafter set forth, NOW,;THERE Fn RE: In cousIderation of the imutual covenants and agreements "herein ,con- twined it is hereby.agreed by and between each of the ' parties..hereto tbat.: OCTIO+1 .1.. The .rights, privileges and. authority herein -granted to and vested -in said. South Bend Company and said Northern Indiana . Company are hereby granted to and vested -,in them in severalty only, and each,of said companies shall hold such rights, p rivileges and authority under the terms and 'With the rights and subject to the,_ eon- ditions and limitations ok their said respective franchise ordinances and ordinances amendatory thereof and suppl&mental thereto, including all franchise ordinances in which said. companies are named as grantee or to which they are successors by assignment oft otherwise. SECTION 2. The South Bend Company is hereby authorized to reconstruct, readjust , remove, and relay its tracks on LaSalle Avenue near the Western terminus thereof so`as to leave LaSalle Avenue. &t a point about one hundred twenty-five"(125) feet east of LaPorte Avenue., on a convenient and practical curve of approximately ten (10) degrees to the southward over and across on private property to which it may have title or may obtain title; thence across LaPorte Aveme, and thence on private property and on such private, property across all intervening alleys to Colfax Avenue, to a point about one hundred fifty (150) feet West of t.ie fittst alley east of Elm Street; and also by a convenient and practical curve of approximately ten(10) degrees in a northwardly direction by leaving Colfax Avenue at a point about twenty-five (25) feet east of Studebaker Street; thence across Studebaker Street on such ten degrees curve across all intervening alleys on its private right of way to and.across BirdsellStreet; thence continuing on its private right of way to a point on -Orange Street, approximately one hundred eighty (180) Beet West of Birdsell Street, there connecting with its present track by a practical and convenient curve of approx- imately ten (10) degrees; and alsobegiri tinga at a point on Orange Street about twenty five (25) feet'East of Meade Street; thence northerly upon a practical and convenient curve of approximately ten (10) degrees to and upon its private right of, way and across all intervening -streets and alleys to a point near the west City Limitsl.�there connecting with its present main track; and, ril 29th. 1913. At the. corner of LaSalle Avenue and LaPorte Avenue, the City of South _Bend shall be permitted to determine how much of said lot lying north of the said South Bend Company's right of way shall be used -for street purposesand shall indicate the extent to which the same shell be rounded out and supplied with curb and .sidewalk and pavement. All to be done at the expanse of the said South Bend Company and to be done by its at its own expense to the satisfaction of the Board of Public Works. After the completion of said work, the said City of South Bend ,shall keep the same in repair, as it keeps other streets in repair, and the said City of Sonth Bend is hereby granted the right to maintain so much as is desired north of said right of, way as herein set out as and fora public street, the title to said point to be in the said South Bend Cmmpany, subject to said easement for public highway purposes. Said South Bend Company is hereby[ also authorized to construct, maintain and operate a single track line on LaSalle Avenue beginning at the, west line of the inter- section of said LaSalle Avenue and Michigan Street, there connecting with the present north track of said Northern Indiana 'Zompany on said La Salle Avenue; thence east on LaSalle Avenue across the bridges over the Saint Joseph River and the East Race to the tracks of said Northern Indiana, Company on Hill Street; said single track to be placed with its center six feet and oneinch (6' 10) North of the .center line of LaSalle Avenue. ECT,ION Consent, permission and authority is hereby granted by said City to and vested in the said Northern Indiana Company to construct, maintain and operate a single track lirgq on LaSalle Avenue in said City beginning at the intersection of said. Lasalle Avenna and Michigan Street; there connecting by suitable curves with its present east track on Michigan Street; thence east on LaSalle Avenue across the bridges over the Saint Joseph River and the east Race to the tracks of said Northern Indiana Company on Hill Street,saia single track to be placed with its center six feet and one inch (6' 1") south of the cen- ter line of LaSalle Avenue. Each of said companies is hereby authorized to connect their said respective single tracks on LaSalle Avenue to Hill Street with the tracks of the Northern Indiana Company on said Hill Street with suitable curves, switches and turn- outs: and, ,SECTIOAT 4. WHEREAS, The said South Bend Company has contracted with the Northern Indiana Company for the exclusive use of the present north,traek on LaSalle Avenue between the juncture of said railway companies' tracks near Michigan Avenue and Michigan Street, and also its south track on LaSalle Avenue between Main Street and Michigan- Street for and during the life of said South Bend Company's froarthise from said City, or any extension there- of,and said companies have also contracted that upon the termination of said franchise rights of said South Bend Company by expiration of otherwise, or in the event that during the life of said franchise or any extension thereof said South Bend Company, its successors or assigns, shall fail to use said trackage for eny continuous period of six (6) months, than and in either event said South Bend Company's right to use said trackage shall eease and terminate,NOW, THEREFORE, SaiD City hereby consents to such agreement and said South Bend Company is hereby authorized by said City to maintain and operate said tracks so contracted for, for and during the life of said South Bend Company's grant under said franchise ordinance, number 1214 and in accordance with the rights and duties thereunder, or any extension thereof.' and ordinances amendatory thereof and supplemental thereto; and,, WHNREAS,the said South Bend Company has assigned and transferred all of its tracks and physical property on Yin Street to said Northern Indiana Company and has agreed to convert its present tracks and construction work on said Main Street into a double track line on said Main Street from LaSalle Avenue to Washington Avenue in said City, connecting such double track line with the tracks of the Northern Indiana Company, on said LaSalle Avenue and on Washington Avenue, and upon the completion of such double tracks and connections to turn same over to said Northern Indiana Company for its use and as its separate, sole property, NOW,THEREP)RE: ' In view of said last mentioned assignment and transfer and agreement said City hereby consents to such assignments and transfer and to the construction and completion by said South Bend Company of said double track line on Main Street from LaSalle Avenue to Washington Avenue together with said connections, and the turning over of same thereafter to said Northern Indiana Company, and consent, permission and authority Is. hereby granted by said City, to and vested in said Northern Indiana Company to construct, , rebuild, repair, maintain, and operate same for street and interurban railway purposes, as part of its said system in said City, and said City also authorizes said Northern Indiana Company to rebuild,, relay and re- construct and thereafter maintain and operate its tracks and special work at the intersection of Michigan. Street and Washington Avenue by the addition of a single curve leading from the `UU north track at Washington Avenue and West of Michigan Street and turning in a southerly dir do and connectin withh thq ea t tr ck n Michigan Stre t and a doubt1 curve eacaing r the presen double track gn ash ngton Avenuea:: hest of c igan S reet and turning by a curve to the north and connecting with the present double track on Michigan Street; also by a cross --aver south of LaSalle Avenue on Michigan Street and con noting the east and west tracks as now constructed on Michigan Street. The curve and special work herein mentioned shall be presented to the Board ,of Public Works by means of drawings and the same shall meet with the approval of the Board of Public Works of said City before the same shell be installed. SECTION 5. The said South Bend Company is hereby authorized to use its tracks heretofore constructed and herein proposed to be constructed by it (except. said double tracks on Main Street and its "Y" on Colfax Avenue hereinafter referred to ), and the tracks referred to herein as being contracted for by it from said Northern Indiana Company as one continuous line of railway from the western city limits east to Hill and from Hill Street west to the said west City limits, and operates its cars thereon. Said Northern Indiana Company is hereby permitted to discontinue and abandon its railway service on its present north track on LaSalle Avenue between the intersection of said LaSalle Avenue with Miehigan.Avenue and Michigan, .Street, :and also its railway service on its south track on said LaSalle Avenue between Main Street and Michigan Street, and the said South Bend Company is hereby permitted to discontinue its present tracks on Main Street and its "Y" now located on Colfax Avenue east of Main Street, and said last mentioned Company hereby renounces, releases and abandons all of its street and interurban railway franchise rights on Main Street between said LaSalle Avenue and Washington A veneu, and also on Colfax Avenue east of lain Street and hereby agrees to remove its said "Y" from Colfax Avenue. And the said City hereby consents that the South Bend Company may, at any time, discontinue service on such part of its proposed single track on LaSalle Avenue east of the bridge over the Saint Joseph Raver as said South Bead Company may hereafter determine as not essential for its use in con— nection with its proposed car barn or station facilities, and that said South Bend Company may assign and transfer such part of said track to said Northern Indiana Company and the latter may thereafter maintain and operate same, But it is understood that the site for the car barn for said South Bend• Company shall be procured and esta— blished by it$ west of the said LaSalle race bridge and east eltthe River bridge. SECTION 6. The rights herein granted to said railway compares are granted upon the following terms, conditions and restrictions in addition to those rights and duties whip which apply to and shall continue to be binding upon said parties, upon all such exten- sions and additions as well as present lines, under their said respective franchise ordinances ajid ordinances amendatory thereof and supplemental thereto,viz: That where any track referred to herein is removed by either of said parties the street shall be restored to equally as good condition as the remaining pro- tion of the street- to the satisfaction of the Board of Public Works, and where new track is constructed hereunder, the material removed from the street in such con— struction may be used by either of said companies for the purpose of repairing the the street and restoring the same to its original condition, all to the satisfaction of said Board of Public Works and saidSouth Bend Company hereby, agrees to maintain and keep in good repair at its cost and expense the .pavement on the roadwsy of saidLaSalle Avenue bridges and the approaches thereto for a distance of fifteen (15) feet from the ends of said bridges. It is also agreed that the construction of the single tracks on LaSalle Avenue and the double tracks on Main Street hereinbefore specifically des— cribed shall be begun within thirty (30) days after the: approval by the Mayor of said City of an Ordinance passed by the Common Council of said City ratifiying and _con— firming this agreement and same shall be completed within nine (9) months from such time. In case the said South Bend Company uses the Race bridge on LaSalle Avenue for the transportation of its cars over it , tree said South Bend Company shall, at its own expense, strengthen said Race Bridge according to plans and specifications to be furnished by the Board of Public Works and to its satisfaction, if in the opin— ion of said Board said bridge required such strengthening. SECTION 7. Said Companies are also hereby authorized -to construct, maintain, and operate such "Y'S", turn -outs, cros s—overs, poles wires, and overhead construction work as may be or become necessary to connect their respective tracks with their r existing tracks on the streets herein mentioned and on other streets and so as to provozd videc:proper facilities for the .,routing of cars. for City se.rvi,ce and proper facilities for the movement of cars in and out of the respective state s, waiting rooms, term— inals sand yards of said companies, and so as to connect with Back. other in the inter— 1 791 change of traffi*4 and are also authorized to . constructs maintain and operate such "Y'S" ,turn -outs and track arrangments as may be or become necessary to commodate the respective companies in the use of any union station at of bear any of the junction points or joint track -points of the respective companieg now or hereafter established. Provided,q always that before either of said companies shall instaltany track arrangement, "YES",, turn -outs, or cross-overs intended for the movement of cars in and out of their respective stations,) waiting rooms2 terminals, and yards, or intended to connect each other's tracks for the intercho,nge of traffice, that a drawing shall be furnished to the Board of Public Works, shviodng the location of the special work c 2"YS"t turn -outs, ross-overs, and track arrange- menis and thereupon the said Board of Public Works of said City shall approve only such nec- essary work to accomplish the purposes herein intended, and said work shall thereupon be constructed as approved by said Board of Public Works and in the manner as by them indi- cated and ho their satisfaction q#d not other wise. SECTION -8 The grants hereby made to said Companies on said LaSalle Avenue east of Michigan Street are made upon the express condition that said railway companies shall at all time permit any, other interurban comparW coming from the east to use the tracks of the re- sepative companies on said LaSalle Avenue from Hill Street to Main Street, thence south on Main Street to Washington Street when consent has been obtained from the Board of Public Works and the Common Council of said City by said interurban company to operate its line on said avenue and when the said railway do'mpanies2 parties hereto, and sueh"other interurban company have agreed in writing upon the terms, conditions and compensation of and for such use provided2 upon the failure of said Railway companies and such other interurban company to agree upon the terms, condition.. and compensation for such use, then upon such terms, con- ditions and compensation as the public Utilities Commission of the State of Indiana may. fix. SECTION' -9 This contract shall inure to the benefit of and be bindin . g :upon the par- ties hereto2 their successors and I l assigns and shall be in full force and effect from and after its approval "and confirmation by anordinance-pAssed by the Common Council and approval by the Mayor of said City provided, this agreement is made., and the use of said trackage of said Northern Indiana Company on LaSalle Avenue between Michigan Avenue and Michigan Street by said South Bend Company is granted by said Northern Indiana Company to said South Bend Companyv upon and subject to Vie terms and conditions of an agreement entered into by and between said companies concurrently with the execution hereof* IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the Board 6f"Ptiblic Works of the City of South Bend,. acting on behalf of said City, and the Chicago, Lake Shore & South Bend Railway Company,, by its General Manager,and the Chicago South Bend & NOrthern Indiana Railway Company, by and secretary, CITY OF SOUTH BENDI I NDI ANA. By OTTO C. BASTIAN FRANCIS E. LAMBERT CHAS. F. NIEDBALSKI BOARD OF PUBLIC WORKS CHICAGO & LAKE SHORE AND SOUTH BEND RAILWAY COMPANY By CHARLES N. WILCOXEN Gen'l..Manager. CHICAG09SOUTH BEND & NORTHERN INDIANA RAILWAY COMPANY, By S. )IUMCK Secretary. President.