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
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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