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HomeMy Public PortalAbout1400-1950 - Approve a BOW Resolution authorizing the execution of a contract with Chesapeake and Ohio Raiway Company for the separation of the Gade of streets from that of N "D" StreetORDINANCE NO. ( L� ® a, 1950 AN ORDIYANCE APPROVING A RESOLUTION OF THE BOARD OF PU13LI0 WORKS AiiiD SAFETY AUTHORIZING THE EXECUTION BY SAID BOARD OF A CONTRACT WITH THE CIMSAPFA04 AND OHIO RAILWAY COMPANY FOR TIC ST'PARATION OF THE GRAVE OF ITS RAILROAD FROM THAT OF NORTH "DI' STREET, FIXING A2M ESTABLISHING TER GRADES OF STREETS wIITH THE GRADES SHOWN IN TILE PLANS AND. SPECIFICATIONS. FOR SAID GRADE SEPARA- TION PROJECT, AIM EXTENDING THE DURATION OF THE FRANCHISE GRANTED TO TEE CIN- CIENATI, RICHMOND AND MUNCIE' RAILROAD ON MARCH 23, 1900. DIANA: BE IT ORDAIYED BY TIM COMMON COUNCIL OF THE CITY OF RICHMOND, IN- Section 1. The resolution adopted by the Board of Public Works and Safety of the City of Richmond; Indiana on the �.�1 day of W'0-447, , 1950 and of the following tenor, to -wit: RESOLUTION Whereas, the Board of Public Works and Safety of the City of Richmond, Indiana, on the 25th day of March, 1949., pursuant to the provisions of Chapter 221 of the Acts of the General Assembly of 1921, adopted a resolution providing that the grade crossing at the place where the tracks of The Chesapeake and Ohio Railway Company now inter- sect with and cross North "D" Street in said city be altered by a com- bined depression of said railroad tracks with an elevation of said North "D" Street, the same to be effected in connection with the con- struction of a new bridge over the Whitewater River, extending from Richmond Avenue on t e west bank Jhere01,f to said "T?" 5regt on the hYdens iiBr,��� s d'reaolution east bank thereof�?kKwn as thel was confirmed by a further resolution of said Board adopted on the 6th day of May, 1949, and Whereas, the Common Council of said city on the 16th day of May, 1949, pursuant to the provisions of Section 5 of said chapter of said Acts, adopted its Ordinance No. 1378-1949 in all things approv- ing said grade separation resolution so adopted by said Board on said 25th day of March, 1949 and May 6, 1949 and directed said Board to proceed with such project, and Whereas, pursuant to a further resolution adopted by said Board on the 20th day of May, 1949, said railway company and said Board have each filed plans and specifications, complete, and in particular, cover- ing all work required to be done in the construction of said grade separation project, together with estimates of the cost thereof, and Whereas, said Board and said railway company have found it ad- visable to agree upon certain changes in the plans and specifications so filed by said railway company as authorized by Section 8 of said chapter of said Acts and said city by its said Board and said railway company believe it advisable that they enter into a written agreement mutually satisfactory.to them, describing the plan of improvement and making as a part thereof the said plans and specifications of said railway company as so changed, all as authorized by Section 9 of said chapter of said Acts, and Whereas, such contract has been prepared and submitted to said Board, including said plan as so altered, which is shown on a print of -7- • :r Drawing 18916-D, dated September 1, 1949, last revised February 9, 1950, which drawing is _made a part of said contract, Now, Therefore, be it resolved by the Board of Public Works and. Safety of the' City of Richmond, Indiana t}iat: 1. Said contract be, and the same is in all things, hereby ap- proved and that the same be forthwith executed by said Board on behalf of said city. 2. The grades of the streets,of said city which are crossed by'the tracks of said railway company or upon which the same are lo- cated are hereby fixed and established.at the grades shown in -said plans and specifications, and said railway company is authorized to fix and maintain the grades of its tracks so' as :to, conform with the grades of said streets as hereby fixed and established and -to locate the same as shown In said plans and specifications, and Whereas, there was enacted by the Common Council of said city; on the 23rd day of March, 1900, an ordinance entitled "An Ordinance 'Granting the Cincinnati, Richmond and Muncie Railroad, their Successors and Assigns, the Right to .Construct, Maintain and Operate a Railroad with all the Necessary and Convenient, Tracks, -Switches, Sidings, Turn- outs, Poles, Wires and Other Structures and Appurtenances, over, across, upon and along Certain Streets, Alleys, Highways and Public Grounds in the City of Richmond, Indianan which was accepted by said: Cincinnati, Richmond and Muncie Railroad on said 23rd day of March, i900, and which ordinance provides that the same should -be in -force and effect for a period of fifty years from the time of its passage and acceptance by said railroad, and Whereas,,said The Chesapeake and Ohio Railway Company has suc- ceeded to all the property, rights, and franchises of said Cincinnati, Richmond and Muncie Railroad and the separation of the grade of its said railroad from North 113)n Street as contemplated, in said resolutions; ordinance, and contract will be of a Permanent nature and involve sub- stantial expenditures on`_its party and Whereas, subsequent to the adoption of said ordinance:there was created by act -of the General Assembly, the Railroad- Commission of In-. diana, whose rights, powers, and duties were subsequently transferred to the Public Service Commission, to which is now delegated certain power and authority with re&pect to railroads throughout the State of Indiana and the services which they shall render, and. Whereas, some of the conditions prescribed and obligations im- posed by said ordinance were intended to be and were complied with and performed shortly after its adoption, Now, Therefore, be it further resolved that said. The Chesapeake - and Ohio Railway Company is hereby authorized to use the streets, alleys, highways, and -public grounds designated in said franchise ordinance so adopted on March 23, 1900 for such further period from and after the 23rd day of March, 1950 as it shall operate a line of railroad to, in- to, or through, said City of Richmond, subject in all respects to the conditions and obligations prescribed and imposed by said franchise ordinance except. insofar as the same may be in conflict with lawful orders of said commissions' which, have, been or may hereafter be entered.and except insofar as such conditions and obligations may have been hereto- fore complied with and performed. Adopted this day of-' 1950. �¢ , L5 Bohr of) Public Works and Safety City-C1 k i � 7 together with the.contract_..therein referred to, be, and the same are in all respects hereby ratified,. approved, . and .confirmed.- Section 2. This ordinance shall be in full..force and effect from and after its passage and approval by the. Mayor. Adopted by the Common Council of the City of Richmond on the day of i , 1950. Presiding Officer PRESENTED by me .to the Mayor of the City of Richmond, --Indiana, on the _ day of. May, 1950,-at-the hour of 7',3 lock, ity Clerk APPROVED AND ' GNED by me o the day of May, 1950, at the hour of p o'clock; M. __-10 -I+layo r ATTEST: ity Clerk