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HomeMy Public PortalAbout05-01-1950 - Special Session 459 ( SPECIAL MEETING) OFFICE OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, MONDAY, May 1, 1950. The Board of Public Works and Safety of the City of Richmond, I/ Indiana, met in Special Session in its office in the City Hall in said City, Monday, May 1, 1950, at 12:30 o' clock P.M. (CST) . Mr. H. G. Coleman presiding with the following members being present: Mr. Wm. Edwin Ross and Mr. C.M. Haworth. The follow- ing proceedings were had, to-wit: On motion duly made. seconded and carried, the minutes of the previous meeting were dispensed with. On motion made by Mr. Haworth, seconded by Mr. Ross, and on voice vote, the following Resolution was adopted by the Board: 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 As- sembly of 1921, adopted a resolution providing that the grade crossing at the place where the tracks of the Chesapeake and Ohio Railway Company now intersecte with and cross North "D" Street in said city be altered by a combined depression of said railroad tracks with an elevation of said North "D" Street, the same to be effected in connection with the construction of a new bridge over the Whitewater River, extending from Rich- mond Avenue on the west bank thereof to said "D" Street on the east bank thereof, to be known as the "Twentieth Century Bridge` said resolution 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 approving said grade separation resolution so adopt- ed 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, covering 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 advisable 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 beleive it advisable that they enjber 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 46() 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 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 that: 1. Said contract be, and the same is in all things, hereby approved and that the same be forthwith executed by said Board on behalf of said city. 20 The grades of the streets of said city which are cross- ed by the tracks of said Railway Company or upon which the same are located are hereby fixed and established at the grades shown in said plans and specifications, and said Railway Comp- any is authorized to fix and maintain the grades of its tracks so as to conform wrath 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 Sucessors and Assigns, the Right to Construct Maintain and Operate a Railroad with all the Necessary and Convenient Tracks, Switches, Sidings, Turnouts, Poles, Wires and Other Structures and Appurtenances, over, across, upon and along Certain Streets, Alleys, Highways and Public Grounds in the City of Richmond, Indiana" , which was accepted by said Cincinnati, Richmond and Muncie Railroad on the 23rd day of March, 1900, and which ordinance provides that the same should be in force .and effect for a period of Fifty yeras from the time of its passage and acceptance by said Railroad, and Whereas, said The Chesapeake and Ohio Railway company has succeeded 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 "D" Street as contemplated in said resolution, ordinance, and contract will be of a permanent nature and involve substantial expenditures on its part, and Whereas, subsequent to the adoption of said ordinance there was created by act of the General Assembly, the Rail- road Commission of Indiana, whose rights, powers, and duties were subsequently transferred to the Public Service Commission, to which is now delegated certain power and authority with re- spect to railroads throughout the State of Indiana and the services which they shall render, and 461 Whereas, some of the conditions prescribed and obligations imposed by said ordinance were intended to be and were complied with and performed shortly after its adoption. I/ No?, Therefore, be it further resolved that said The Ches— apeake 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 23rd, 1900 for - such further period from and after the 23rd day of March, 1900 as it shall operate a line of railroad tp, or through said City of Richmond, subject in all respects to the conditions and obligations prescribed and imposed by said franchise ord— inance except insofar as the same may be inconflict with law— ful orders of said commissions which have been or may hereafter be entered and except insofar as such conditions and obligatioisss may have been heretofore complied with and performed. ADOPTED this 1st day of May, 1950. /s/ Harold G. Coleman fs/ Wm. Edwin Ross /s/ Clifford M, Haworth Board of Public Works and Safety Attest: /s/ Ather J Reeg City Clerk d-gr&e._._ Chairman Attest: Clerk Boa