HomeMy WebLinkAboutOrdinances - 1906-1 - 03/05/2006 - RailroadsA RAILROAD ORDINANCE
AS PASSED BY OUR CITY DADS AT
LAST REGULAR MEETING.
Permission (;riven to Lay Double Tracks
Along Our Main Thoroughfares and to
Dross North-Western 'Tracks.
An ordinance cuncerning.the Chicago,
Desplaines and I! ux itiver railroad ILL
the Village and UuunLy of iAolienry,
and state uI llllnulb.
Ise It oraalued by the President and
Board of 'Trustees us the Village ul
Iaclienry,
aECTION 1... That permission and au-
thorlty are nereuy glautea to the 1. II-
uagU, IJespialiles allu v ux River rail-
ruad, Its bauuemburs, lesseeb or assigns,
to lay dUWLI, cullbtrueb, maluLarrt, uyer-
ate, repair alld equip witu electric oI
ULh,r mechanical !lower, other diau
btealn lU OLLIulive, upon the conditluub
heremaIter stated, a single or double
LTUuli railruad tor 'the carrying uI
Irelght, express,�►l Mted bMLeb mall
mULLer, Una pasbenkers, with all ileces-
bary curves, Culineu Lluns, side-traukb,
Lilrn-outs, cross-overs, loops, seeders,
bwltelles and appurtenances in, upuu
and along Me Ioiiuwlllg streets or parts
of streets In said Village of Mutienry,
viz: Commencing at the east line u1
said Vrliage, and running west either 11i
E1111 street or Pearl street, as bald llum-
pauy may hereafter elect, to, or near to
the west bide of the street commonly
xllown as Public Hrgnway, theme
northerly along said Public Highway,
to the north limits of said Village; ana
also upon and along Careen street from
either Pearl street or Elm street, as
said Company may hereafter elect,
southerly to Elgin Road, thence south-'
erly in Elgin Road to, or near to the
south line of iVlain btreet, thence west
upon and along Main street to the west
line of said Vll.age, . with the right to
cross with its railroad tracks and wireb
the railroad tracks of the Chicago and
Northwestern Railway company, either
at grade orthereover or thereunder, as
said Chicago, Desplaines and Fox River
railroad may hereafter elect, and with
the further right to cross all streets,
alleys, highways and public places in-
tersecting the line or route of said Com-
pany's railroad as hereinbefore fixed
and located.
Permission is also granted to said
Company to build an abutment for a
bridge on the west bank of the Fox
river either at Elm street or Pearl
street, as said Company may hereafter
elect, with grade from said abutment to
Water street. Said Company is to
build its own bridge across Boone creek
on the west side of the present bridge,
and parallel with the same, and keep
its own bridge in repair.
Said Company shall locate its track
on the west s de of Careen street, com-
mencing at the north bide of mill race,
thence in a southerly direction to Wan
kegan Road, and do all necessary filling
and: grading.
SECTION 2. The passenger cars upon
said railway shall be heated and lighteu
at all times when necessary for the con-
venience of it's patrons and its railroad
may be operated by overhead electric
or other mechanical power, other than
steam locomotive power, and said Coin
pany shall have the right to set such
poles along the sides of such streets ana
suspend such wires therefrom as are
necessary and suitable for the operation
of cars by such system, the poles in the
streets shall be of a uniform size,
straight, smooth, painted, and shall be
set in such manner as to least interfere
with property owners, business, traffic
or water or steam pipes of said Village,
and at such height that wires suspended
therefrom shall not be less than eighteen
and one-half (181) feet above the surface.
of thu tracks.
In case of curves, the poles may be
jt in such manner and be braced and
ipported by suca anchors located in�
ach manner as shall be necessary for
Dlding, said poles and wires in posi-
on. Said Company, its successors or
ssigns, m•ty locate on its said poles
ich telegraph and telephone wires as
may need to use for the control, man-
gement and operation of its said rail-
iad. And permission is hereby given
) connect all its said wires with any
ower house or sub -station, or with the
lectric wires of other companies for the
urpose of obtaining and furnishing
lectric current or currents for the use
f said Company, its successors or,as-
igns. Should the Company, its sue-
essors and assigns, at any time aban-
on any such poles, it shall at once re -
love the same.
SECTION 3. The tracks shall be laid
✓ith "T" rails and shall be so laid as to
onform to the established grade of the
treets, where a grade is or shall be
stablished by the Village. Should the
Tillage at any time change the grade of
,ny of said sl reets, the Company, its
uccessors and assigns, shall adjust its
racks so as to conform to said change
,f grade, and imno event shall the Vil
age be liable for any damages on ac-
ount of such changes; and whenever,
he Village shall pave or otherwise im-
wo ve the said streets, any section or
)art, the said Company, its successors
it assigns, shall at its own expense. and
6t the same time the Village makes such
mprovements, pave or otherwise im
)rove the space between the rails of itF
,racks and eighteen (18) inches on each
side of said tracks so as to conform to the
)avins or other improvement outside
)f and adjacent to said tracks, on the
)alance of the street, and with material
A the same character, and if the said
Company, its successors or assigns,
shall fail or refuse to do the same, then
t may be done by the Village and the
ompany then operating said road shall
oe liable to the Village for the cost and
-xpense thereof, PROVIDED, said Com-
pany shall not be required to use or pay
Por asphaltum or granite for paving
material.
SECTION 4. The Chicago, Fox River
l,nd Desplaines railroad, its successors
hr assigns, shall lay its tracks so that
the center line thereof shall be as nearly
as practicable the center line of the
street, except at curves and over bridges
and points of connection with other
railroad tracks PROVIDED, that no sid e
tracks, turn-ont® or spur shall be built
upon or along any street where a double
track is laid witbotht special permission
from the Board of Trustees, by proper
ordinance therFfor first had and ob-
tained, and PROVIDED, FURTHER, that
if at first a single track is laid in any
atreet.it tnav be laid upon one side of
the center of said street and so that the
rail nearest to the center of the street
shall be three (3) feet therefrom.
SECTION 5. That the rights and priv-
ileges herein conferred are granted up-
on the following express conditions, tu-
wit:
FIRST. —On all streets not paved, the
said Company, its successors and as-
signs, during the time of this grant,
shall keep the space between the rolls
of its tracks in good condition by filling
the space with gravel and keeping the
same in a firm and solid condition and
so as to make the top of the rail level
with the surface of the street adjacent
to it.
SECOND. —If it shall become necessary
to remove any of the wires of said Com-
pany, its successors and assigns, in or-
der to move any building or buildings,
or for any other purpose, the consent of
the Village authorities shall first be ob-
tained, and such wires shall be removed
under the supervision of the proper of-
ficer of said Company after giving said
Company forty-eight (48) hours previ-
ous notice, and the person or persons
for whose benefit the same shall be done
shall first deposit with such company a
sufficient sum of money to pay all ex-
167
enses and damages for such removal
aid buildings shall be moved along m
cross the tracks of said Company be.
ween the hours of 12 midnight and 5
in.
THIRD. —The Village reserves to it -
elf, without liability for damages, the
fight to cause the tracks of said Com-
iany to be temporarily removed, when
iecessary for the purpose of laying wa-
er, gas or sewer pipes, or for the pur-
)ose of making any legitimate improye-
nent to or beneath the surface of the
treets, and in case the Company shall
ail to so remove its tracks for such pur-
)oses when required by the Board of
Trustees or the President of the Village,
he president may cause the same to be
lone and the expense therefor shall be
laid by the Company, its successors and
issigns, PROVIDED, that the Village
shall furnish a site for a temporary lo-
-ation of said Company's tracks which
shall afford the practical operation of
said Company's railroad.
FouRTH.—The rate of fare for any
continuous trip between any point with-
in the Village and any other point with-
in the present or future Village limits,
shall not exceed five (5) cents. And the
said Company, its successors and as-
signs, shall issue to any person or per-
ilous for any continuous trip between
any point within said Village on any
connecting or cross electric line owned
or controlled by said Chicago, Des -
Plaines and Fox River railroad, free
transfer slips without charge, so that
any person may ride for any continuous
trip upon said Company's road, and any
cross or connecting line that may here-
after be built or constructed and oper-
ated by the Chicago, Desplaines and Fox
River railroad within the present or
future Village limits for one cash fare
of not to exceed five (5) cents therefor.
SECTION 6. The rights and privileges
herein granted to said Company shall
be forfeited unless the said Company,
its successors and assigns, s.,all have at
least a single track of its road complet-
ed and in operation within twenty-four
(24) months after the passage of this
ordinance unless said Company, its suc-
cessors and assigns, shall be restrained
or delayed by injunction or other causes
beyond its control, in which event the
time herein provided shall be extended
for a period of time equal to that which
the Company, its successors and as-
signs, shall be so restricted or delayed;
but the failure of said Company to com-
Idete any part or portion of the tracks
hereby authorized and to operate the
same with cars shall not invalidate or
impair the right of said Chicago, Des-
plaines and FoxRiver railroad, its suc-
cessors. lessees or assigns, to the use and
occupation of said streets or any part
of the same as granted by this ordinance
along which a single track shall be laid
and in operation within the time above
limited.
SECTION 7. Nothing contained in
this ordinance shall release the said Chi-
eago, Desplaines and Fox River rail-
road, its successors or assigns, from any
Liability for any and all damages to the
owners of property abutting upon the
,treet, alley or public grounds, upon or
over which said railway runs, which
said owners may legally sustain by rea-
6on of the location or construction of
the road, nor for the negligence of any
of its employes. And the said Chicago,
Desplaines and Fox River railroad, its
successors and assigns, shall indemnity
and forever save harmless said Village
of McHenry from any and all damages,
judgments, decrees, costs and expenses
which said Village ivay suffer, or which
may be lawfully obtained against said
Village for or by reason of the granting
of the privileges and franchises hereby
conferred upon the said Company, itf
successors and assigns, or for or by rea-
son of or growing out of or resulting
from the privileges hereby granted,
PRovIDED that the Chicago, Desplaine;
and t'ox River railroad, its successors:
lessees or assigns, shall not be requirk
to indemnify the Village of McHenry
Linder this section upon any particular
matter or thing' unless the Village of
McHenry shall notify the said Company,
its successors, lessees or assigns, in
writing of the suit, claim or demand
that may be brought or made against
said Village concerning such matter or
thing aforesaid immediately upon its
being so brought or made, nor unless
the said Village shall permit said rail-
road Company to assume the defense of
such suit, claim or demand, with all
such due assistance and facility for de
Fending the same from said Village as
,aid railroad Company may require.
SECTION 8. That in case of the non-
use of the franchises hereby granted
after two (2) years from the passage of
this ordinance, or in case of failure of
the poison or company operating said
road, to operate the same as hereby pro-
vided for the period of ninety (90) days
it any time after the time above al-
lowed to have the same in operation-
r.xvept in case of fire. strikes, riots or
ether causes beyond the control of the
`,ompany, this franchise may be de
lased void upon resolution to that ef-
-et by the Board of Trustees of said
'7illage, and all rights hereby granted
o said Company, its successors and as-
signs, shall thereupon, if so lawfully
declared by the Board of Trustees, be-
come null and void, and the person or
company then ownine -inch road shall
in such case within thirty (30) days aft.
er notice so to do, by the President of
paid Village, take up and remove from
the streets of said Village all poles,
wires and tracks belonging to such per-
son or company, and in case of failure
ao to do, the same may be done by tbP
Village, the expense thereof to be borne
by said person or company, its success-
ors and assigns.
SECTION 9. This ordinanceshall be
in force and take effect from and after
its passage, PROVIDED, that if the said
'Chicago, Desplaines and Fox River
railroad shall not file with the Village
llerk of the Village of McHenry within
thirty (30) days from the date of the
passage of this ordinance, its written
+ceeptance of and agreement to be
bound by and to carry out faithfully
the terms, conditions and provisions
contained in this ordinance which it is
required by this ordinance to perform,
then this ordinance, by reason of such
failure to file such written acceptance,
shall become void and of no effect.
Passed March 5, A. D. 1906.
Approved March 15, A. D. 1906.
JOHN EVANSON, President,
Attest: JOHN STOFFEL, Clerk.
.., - - 1. -,, all c.1. -! I '
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