HomeMy WebLinkAboutRatifying Resolution No. 5 for Separation of Grades of Certain Railroads and Certain Streets in City of South BendORDINANCE
Passed by the Common Council of the City of South Bend, Indiana,
/L 190:
Clerk.
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
jerk
Approved and signed by me —N42
ORDINANCE NO. O u;�—1
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION 1.
That whereas on the 3rd day of January, 1930, the Board of
PublicWakksa of the City of South Bend adopted Resolution No. 5 for
the separation of grades of certain railroads as shown herein where
the same intersect certain streets in said City; and
Whereas, after notice and hearing as provided by law, the
said Board of Public Works did on the lst day of April, 1930, modify
said Resolution to read as follows:
RESOLVED BY THE BOARD OF PUBLIC WORKS OF TIM CITY OF
SOUTH BEND, INDIANA:
That it is deemed necessary that the grade crossing of
the tracks of The New York Central Railroad Company, formerly the
Lake Shore & Michigan Southern Railway Company, at the inter-
section of said tracks with Division Street, walnut Street, and
Cherry Street, in the City of South Bend, Indiana, be altered by
elevating said tracks at said intersections. Also, the grade
crossing of the tracks of the Grand Trunk western Railroad
Company and the tracks of The New York Central Railroad Company
(Illinois Division) at the intersection of said tracks with
,Walnut Street, in the City of South Bend, Indiana, be altered
by depressing said street under said tracks at their present
elevation. Also, the grade crossing of the tracks of The New
York Central Railroad Company (Main Line) at the intersection
of said tracks with Arnold Street, in the City of South Bend,
Indiana, be altered by raising said tracks at said intersection.
Also, the grade crossing of the track of the New Jersey, Indiana
& Illinois Railroad Company and the track of The New York Central
Railroad Company's connecting track to the Michigan Central Rail-
way at the ihtersection of said tracks with Division Street,
in the City of South Bend, Indiana, be altered by raising said
tracks at said intersection. The change in grade of said inter-
secting streets, the amount in feet of the vertical clearance
at each intersection as measured between the surface of each of
such streets as proposed by such new depressed grade, and the
bottom of the superstructure over the same together with proposed
roadway widths beneath said superstructure shall be as follows,
to -wit:
(1) At the intersection of Division Street and Walnut
Street with the tracks of The New York Central Railroad Company,
the surfaces of said Division Street and said Walnut Street
shall be• depressed nine and seventy -six one - hundredths (9.761)
feet below the average grade level of said streets at the end of
existing approach grades as now maintained; said depression
at the lowest point shall not be lower than elevation forty -
nine ninety -three (49.93) as expressed in City of South Bend
datum; the vertical clearance shall be a minimum at thirteen
(131) feet as measured between the surface of the streets as
fixed above, and the bottom of the bridge superstructure over
said streets; the approach grade on said Division Street shall
be an ascending grade not greater than three and twenty -five
one - hundredths (3.25*) feet to each one hundred (1001) feet in
an easterly and westerly direction from said superstructure,
such approach grades to be extended until the present street
grade of said Division Street has been intersected; the approach
grade on said Walnut Street north of Division Street shall be
an ascending grade not greater than three and twenty -five one-
hundredths (3.251) feet to each one Hundred (1001) feet and
shall be extended northerly from the superstructure until the
present grade of said Walnut Street has been intersected; the
approach grade on said Walnut Street south from Division Street
shall be an ascending grade not greater than three and twenty -
five one - hundredths (3.251) feet to each one hundred (1001)
feet and shall be extended southerly from the south property
line of Division Street until the present street grade of said
Walnut Street has been intersected; the roadway of said Division
Street beneath the superstructure shall be fifty -two (521) feet
in width between curb lines with center line and curb line
superstructure supports, said roadway to be located symetrically
about the center line of Division Street with a width of eighty
(801) feet between property lines; the roadway of said Walnut
Street shall be thirty (301) feet in width between curb lines
with curb line superstructure supports only, said roadway to be
located symetrically about the center line of walnut Street
extending northerly from Division Street with a width of forty -
eight (48t) feet between property lines; the roadway of that
part of said Walnut Street extending southerly from the south
property line of Division Street shall be thirty (301) feet in
width between curb lines,, said roadway to be located symetrically
about the center line of Walnut Street extending southerly from
the south property line of Division Street with a width of sixty
(601) feet between property lines.
(2) At the intersection of Walnut Street with the tracks
of the Grand Trunk Western Railroad Company and with the tracks
of the New York Central Railroad Company (Illinois Division) the
surface of said Walnut Street shall be depressed nine and ninety -
five one - hundredths (9.95!) feet below the average level of said
street at the ends of existing approach grades as now maintained;
said depression, at the lowest point, shall not be lower than
elevation forty -eight sixty -six (48.66) as expressed in City of
South Bend datum; the vertical clearance shall be a minimum at
twelve (121) feet as measured between the surface of the street
as fixed above, and the bottom of the bridge superstructure over
said street; the approach grade on said °talnut Street shall be
an ascending uniform grade extending northerly from the super-
structure to the present south curb line of Huron Street and also
an ascending uniform grade extending southerly from the super-
structure to the present north curb line of Ford Street; the road-
way of said'7alnut Street beneath the superstructure shall be
thirty (301) feet in width between curb lines with curb line
superstructure supports only; said roadway to be located symet-
rically about the center line of '.walnut Street with a width of
sixty (601) feet between property lines.
(3) At the intersection of Division Street with the track
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of the New Jersey, Indiana & Illinois Railroad Company and the track.
of the New York Central Railroad Company's connecting track to the
Michigan Central Railway, said tracks of both railroads being con-
tiguous, the surface of said Division Street and the tracks of the
said railroad companies shall be raised not more than three and
thirty -one one - hundredths (3.311) feet above the top of rail grade
of the now existing New York Central Railroad Company's connecting
track to the Michigan Central Railway as now maintained at said
crossing. Approach grades not to exceed three and one- half(3.51)
feet to each one -- hundred .(1001) feet shall be extended in an easterly
and westerly direction from said crossing until the present street
grade of said Division Street has been intersected.
(4) At the intersection of Arnold Street with the tracks
of The New York Central Railroad Company (Main Line) the surface of
said Arnold Street and the tracks of the said railroad company shall
be raised not more than one and one -half (i2') feet above the top
of rail grade of The New York Central Railroad Company's (Main-Line) -
tracks as now maintained at said crossing. Also at the intersection
of Arnold Street with the tracks of The New York Central Railroad
Company (Illinois Division), the tracks of the Grand Trunk western
Railroad Company and the tradk of the Indiana Northern Railway Company,
the surface of said Arnold Street and the tracks of the said railroad
companies shall not be changed. The present roadway width between
curb lines as now exists on said Arnold Street shall be continued
and the present grade of said roadway shall be adjusted to conform
with changes in the track grades of the said railroad companies that
may hereafter be made pursuant to this resolution.
(5) At the intersection of Cherry Street with/the tracks
of The New York Central Railroad Company a portion of the surface of
said Cherry Street shall be depressed to accommodate the construction
of a pedestrian subway, the floor grade of which shall not be less
than elevation fifty -four fifty -nine (54.59) as expressed in City of
South Bend datum; the said pedestrian subway shall have an inside
width of not less than eight (81) feet and an inside height of not
less than eight (81) feet.
(6) Harris Street shall be closed to traffic across the
tracks and rights of way of The New York Central Railroad Company
(Illinois Division) and the Grand Trunk western Railroad Company.
Traffic to be diverted over Huron Street to walnut Street.
(7) Huron Street shall be improved between the east
property line of Marris Street and the west property line of walnut
Street by paving the roadway thereof with one of the types of modern
city pavement and the cost thereof shall be considered as a part of
the general track elevation expense to be apportioned as hereinabove
specified.
(8) No part of the cost of the work embraced in this
resolution shall be apportioned against St. Joseph County, and:
WHEREAS, heretofore, to -wit: On February 18, 1930, there
was filed with this Board a petition of approximately seventy -five
resident freeholders of the City of South Bend, requesting this Board
to enter into a contract with the several railroads whose tracks will
be affected by said grade separation project, and to agree with said
railroads on a division of cost of said grade separation, on the basis
of the City paying thirty -five (35) per cent of the total cost thereof,
and said Railroads sixty -five (65) per cent of the total cost thereof;
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N0T THEREFORE, BE IT FURTHER RESOLVED that the cost of
said project shall be fixed as provided by law, subject, however,
to such modifications as to division of cost as may be agreed upon
hereafter, in writing, between this Board and the said several
Railroad companies, by contract made pursuant to the petition of
said resident freeholders so filed, and the authority conferred upon
this Board by Section 9 of Chapter 36 of the Acts of the Legislature
of the State of Indiana for the year 1923, as amended by Section 2
of Chapter 165 of the Acts of the Legislature of said State for the
year 1927.
Adopted the 3rd day of January, 1930.
M. E. DORAN
JOHN K. SMOGOR
RALPH H. KUSS
Board of Public W —o-Fks of the City
of South Bend, Indiana.
RATIFIED, CONFIRMED AND
APPROVED APRIL 1 1930 AS MODIFIED.
M. E. DORAN
JOHN K. SMOGOR
RALPH H. KUSS
Board of Pu lic Works.
AND WHEREAS, the said Board of Public idorks did on the 1st
day of April, 1930,aondX,n said Resolution as modified, and by Resolution
duly adopted, referred said Resolution to the Common Council of the
City of South Bend for approval.
NOW, THEREFORE, said Modified Resolution is hereby in all
things ratified, confirmed and approved.
SECTION 2.
after its
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This Ordinance shall be in full force and effect from and
Member of the Common Council
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