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HomeMy WebLinkAboutOrdinances - n/a - 04/05/1909 - Railroad,An Ordina,mce An ordinance granting permission to the Elgin, Woodstock & Lake Geneva Railroad Company (a corporation) the right to construct and operate a line of railroad in and through the village of McHenry, in the County of McHenry, and State of Illinois. Be it ordained by the President and Board of Trustees of the Village of Mc- Henry, in the County of McHenry, and State of Illinois, as follows, to -wit: Section 1. That permission and au- thority be and the same hereby is grant- ed to the Elgin, Woodstock & Lake Geneva Railroad Company (a corpora- tion existing under and by virtue of the Laws of the State of Illinois,) its suc- cessors, assigns, lessees and grantees, to construct, maintain and operate for the period of fifty years from and after the date of the passage and taking effect of this ordinance, a railroad consisting of a single track, with such curves, spurs, connections, supports, columns, girders, poles, wires and other appliances, tele- graphs, telephones and signal or other devices as said railroad company may deem necessary for its daily operation for the accommodation of the public, with such accessories as may be found useful, necessary or profitable in con- nection therewith, or in aid thereof, along, upon and over the following route in the said Village of McHenry, County of McHenry, and State of Illi- nois, towit: On Front street, from the south village limits of said Village to Waukegan street, and on said Wau- kegan street from said Front street to Green street, and on said Green street from said Waukegan street, to Elm street, and on said Elm street from said Green street, to water street, and on said water street from Elm street, to the north village limits of the said Village of McHenry, and in, upon, thru and across such other street or streets, alley or alleys within the corporate limits of the said Village of McHenry as the President and Board of Trustees of said Village may from time to time hereafter grant, either by Ordinance or any Amendment hereto; provided, how- ever, that such railroad company, its successors, assigns, lessees or grantees shall first obtain the necessary consent of the property owners for the operation and use of any such street or streets, alley or alleys of the said Village of Mc- Henry; and provided further that said railroad shall be constructed in the middle of the streets hereinbefore men- tioned, and with only a single track, and without any switches, side-tracks or turn -outs other than as hereinafter urovided. Section '2. The' said railroad com- pany, its successors,., assigns, lessees or grantees shall operate its'said railroad with electricity, by overhead trolley system, excepting during the period of construction, when ordinary steam loco- motives may be used; and the said rail- road company, its successors, assigns, lessees or grantees shall have the power to construct, lay down and erect wires, poles and other apparatus necessary for the operation and maintenance of its lines, and said company is hereby granted the right to string necessary wires, including an overhead contact system consisting of wires suspended from poles, said poles to be set at points to be designated by the Committee on Streets and Alleys, and consistent with the construction of the railroad, and to be kept painted black eight (8) feet from the ground, and white the balance of the way. The said Railroad company may carry on a general railroad busi- ness, carrying freight, express, mail, passengers and all other things generally carried by railroad companies; provided, however, that nothing herein contained shall be construed to permit said Rail- road company to unload freight on any street in said village; provided, how- ever, that all trolley wires used by said company shall be securely fastened, and properly guarded according to the most approved system of construction to pre- vent injuries to persons or property, in case such wire or wires shall at any time become broken or unfastened. Section 3. The rate of fare to be charged each passenger shall not exceed five cents for a single continuous trip in one direction of said railroad, from one point to another, within the limits of said Village of McHenry, and along the line of said railroad. The surface of the tracks and road bed of said railroad company, including one foot on each side of the two rails thereof shall be constructed so that the surface of said tracks and roadbeds shall be even and level with the surface of the street on each side thereof, so that teams, vehicles and persons can cross and recross said tracks at any place within the corporate limits of said Village. Section 4. The tracks of said railroad shall have a uniform guage of four feet, eight and one-half inches (4 ft. 8j in ) and shall be laid in the middle of the street, except at the turns or curves in said streets, where they shall keep as near to the center of each as is possible, according to the best methods of con- struction, and in case any track is built to any car house or station, the same shall be made to conform to the level or grade of said street the same as the regular line through said corporation. Whenever the President and Board of Trustees of said Village shall by resolu- tion or ordinance direct that any street, avenue, highway or alley within the corporate limits of said Village, upon which any track of said company is laid, shall be improved or brought to any established grade, said company shall grade and relay its track or tracks to conform to such established grade, at its own cost, and within a reasonable time thereafter. y y aectron o. said company, its sues censors, assigns, lessees or grantees shall at all times keep the space between the rails of its track, and for the distance of one foot outside each of its said rails in good condition and repair; and s_ 11 al- so lay and keep in good repair all cross walks between its said tracks, and for one foot on each side thereof, and keep that part of said cross walks; and its said road bed between said rails, and for one foot on''eaeh side thereof in good condition and repair, and level with the other part of said street that is used for travel; and said company shall comply with any Ordinance or Resolution that may be passed or adopted by the Presi- dent and Board of Trustees of said Vil. lage in relation to the repairing or im- proving of any street on which any of its tracks maj. jo be laid and when any new improvements shall be ordered or made by said. President or Board of Trustees on anyz street or streets on which 'said company may have any track or tracks,,, said company, its suc- cessors, assigns{ lessees or grantees shall comply with a4d make such improve- ment -between the rails of its said track, and for a distance of one foot on each side thereof that shall be made or order- ed. by said Village on the balance of the traveled portion of any such street or streets; and in case said company, its successors, assigns, lessees or grantees shall fail, neglect or refuse to make such repairs or improvement, the same may be made by said Village, and the cost of, the same recovered from said company, its successors, assigns, lessees or grantees. Said company, its suc- cessors, assigns, lessees or grantees shall, at its own expense, grade and fill with gravel on each street over which its track is to be constructed, a space four- teen (14) feet outside of the rails of its track so that the same will be in a good condition for travel for teams and vehicles, and said company shall, at its own expense, keep the filling within said space in good condition for travel for the'term of one year after the same is so filled and put in proper repair and condition, provided said company is not by this required to gravel any portion of said streets except where filling is necessary, and in that case the filling shall at all times be with gravel from which all stones on the surface are to be removed which exceed two (2) inches in diameter. Said company before the construction of said railroad, at its own expense, is to widen the bridge over the creek on Green street so that the space for travel with teams will be fifty-four (54) feet in the clear, and make said bridge safe for travel, and said company shall erect at its own expense proper guards and approaches for said bridge, and do the necessary filling with gravel as above; and the approaches to said bridge are to be so filled by said com- pany at its own expense, and made two feet wider than said bridge, and after the completion of said bridge, and its approaches as above specified, said com- pany, its successors, assigns, lessees or, grantees are to pay to said Village one- half of the expense of keeping said bridge and its approaches in good re- pair; and if a new bridge is required, or becomes necessary at any time within fifty years herein specified, said com- pany is to pay, one-half of the cost of said bridge, and the necessary ap- proacbes thereto. Section G. The cars of said company shall have the right of way of the tracks on which its cars may be. run as against any person, carriage, vehicle or obstruc- tion of any kind, except fire apparatus put on or across, pr being driven or pro- pelled _thereon; and no person shall otherwise obstruct said tracks, orob- struct or prevent said cars ruuning or progressing tbereon, by placing, driving or stopping or causing to be driven at a slow pace, any vehicle or other obstruc- tion in, upon, ac-rose, along or near said tracks, in the W of any car of the said i company, .after jojng notified by the ringing of any boll on such car, or the giving of any signal; and for any such violation ally such person shall be fined in any sum not'less than two ($2) dol- lars, or more thifi ten ($10) dollars for each offense. Section 7. Ale cars run or operated along, over and upon said road by the said Elgin, Woodstock & Lake Geneva Railroad Company, its successors, assigns, lessees or grantees shall stop at the intersection of any street or streets upon signal, to let off or take on any passenger or passengers. All cars so run over, along or upon the tracks of said company shall at all times after dark carry, keep and maintain on the front end of the car in whatever di- rectiou said car may be going, a head- light that will at all times light up the track of said company for a distance of at least three hundred (300) feet, and said company, its successors, assigns, lessees or grantees shall run at least one car over the tracks of said railroad, for the uses and purposes herein specified, every two hours in each direction from six o'clock a. in., to the following mid- night, and no car or cars shall at any time be run over, along or upon the tracks of said company within the limits of said Village at a greater rate of speed than ten (10) miles per hour, and for a violation thereof said com- pany, its successors, assigns, lessees or grantees, or the conductor or motor- man, or person or persons in charge of any such car or cars, shall be fined in any sum not less than three ($3) dollars nor more than ten ($10) dollars for each and every off Ouse. Section 8. Whenever any person or persons shall desire to move any build- ing across the right of way of said com- pany, and the same cannot be done without cutting or temporarily remov- ing the trolley wires or other apparatus of said company, and such person or persons shall receive from the President and Board of Trustees of said Village a permit so to do, such person shall give said company forty eight (48) hours notice that they so desire to move any such building across the tracks of said company, and said company shall there- upon cut or remove any wires or appa- ratus necessary to allow any such build- ing to cross its said tracks; and the trolley wire of said company is to be not less than eighteen (18) feet, and six 201 (6) inches in the clear above the level of any street or roadbed wherever teams or vehicles are to cross the tracks of said company, or drive thereon, except- ing at the crossing of railroad bridges or under culverts. Section 9, No switch track, sidings or turnouts are to be constructed or maintained within the corporate limits of said Village by said company, its successors, assigns, lessees or grantees, unless by permission hereafter granted by the President and Board of Trustees of said Village, and then only by the consent of a majority of the property owners fronting such street or streets Upon which it is proposed to so con- struct any such switch track, sidings or turnouts. Section 10. Unless the said Elgin, Woodstock & Lake Geneva Railroad Company shall be in operation between the said Village of McHenry, and the City of Elgin, in Kane County, Illinois, for the accommodation of the public, and for the uses and purposes herein specified, within three years after the passage and taking effect of this Ordi- nance, all rights and privileges hereby granted shall be forfeited and determin- ed without any further action or notice from said Village of McHenry, provided, however, that in case the construction of said road shall be stopped by injunc- tion or delayed by any labor strike, or other cause beyond the control of said Railroad Company, such time shall be excluded from the said three years. Section 11. The said Elgin, Wood- stock & Lake Geneva Railroad Company shall before the commencement of any work inside the corporate limits of said Village of McHenry, execute with suf. ficient sureties a bond in the sum of five thousand ($5000.) dollars, to be ap- proved by the President and Board of Trustees of said Village, payable to said Village of McHenry, and conditioned that it, and its successors, assigns, lessees or grantees will observe, perform and carry out all of the provisions of this Ordinance for the time herein spec- ified, and that it will forever indemnify and save and keep harmless the said Village of McHenry from any and all damages, judgments, decrees, costs and expenses which it may suffer, or which may be recovered or obtained against the said Village of McHenry, on account of anything that may happen or occur in the construction or operation of said railroad, or the doing of anything authorized under and by virtue of this Ordinance. Section 12. If at any time the said Elgin, Woodstock & Lake Geneva Rail- road Company, its successors, assigns, lessees or grantees shall fail, neglect or refuse to comply with any of the terms or provisions of this Ordinance, or to do or perform any act or thing provided for or directed by this Ordinance to be done or performed for a period of thirty (30) days after said company, its suc- cessors, assigns, lessees or grantees are notified in writing that said President and Board of Trustees have by resolu- tion declared that said company, its successors, assigr-, , lessees or grantees are failing, neglecting or refusing to so (comply with any-bf the. terms or pro- visions of this Ordinance, or omitting to door perform anrAking or act herein required to be performed, then if such neglect, omission or refusal shall con- tinue after the expiration of said thirty (30) days, said President and Board of Trustees may, by Ordinance duly passed, reciting such failure, neglect, refusal or (omission, and the giving of such thirty (30) days notice in writing, revoke all of the rights and privileges hereby granted to the said Elgin, Woodstock & Lake Geneva .Railroad Company, and there. upon said company, its successors, assigns, lessees or grantees shall forfeit all rights and privileges hereby given and granted, and also the right to longer keep, maintain or operate its said fail. road, or keep its tracks on any street or streets within the corporate limit. �f the said Village of McHenry, and when- ever the right of said company, its suc- cessors, assigns, lessees or grantees shall so cease and determine, said company shall remove its said tracks, wires, poles and all appliances from said streets and highways of said village, and put the same in as good condition as the ad- jacent parts of said streets and high- ways, without expense to said Village, and upon a failure so to do, the same may be removed under the direction of the President and Board of Trustees of said Village, and the expense of such removal may be recovered by said Vil- lage of McHenry against said company, its successors, assigns, lessees or gran - Lees. Section 13. The said Elgin, Wood stock & Lake Geneva Railroad Company shall have thirty (30) days in which to accept this Ordinance, and its accept- ance of the same shall be in writing, and filed with the Village Clerk of the Village of McHenry within said thirty (30) days, and shall be as near as may be, in the following form, towit: "The Elgin, Woodstock & Lake Geneva Railroad Company, a corpora- tion duly existing under and by virtue of the laws of the State of Illinois, here- by accept all of the terms and provisions of an Ordinance duly passed by the President and Board of Trustees of the Village of McHenry, granting permis- sion to the said Elgin, Woodstock & Lake Geneva Railroad Company to con- struct, maintain and operate a line of railroad in and thru the said Village of McHenry, and this acceptance shall be at all times, and in all places treated and considered as an agreement on the part of the said Elgin, Woodstock & Lake Geneva Railroad Company, that it, its successors, assigns, lessees or gran- tees will at all times carry out and per- form the terms and conditions of said Ordinance, and do and perform all the things directed in said Ordinance to be done and performed by said Elgin, Woodstock & Lake Geneva Railroad Company, which Ordinance bears date' on the 18th day of June A. D„ 1908. Elgin, Woodstock & Lake Geneva 203 Railroadp . Company. By - Its President." In case no such acceptance shall be signed"and filed within said thirty (30) days then this Ordinance shall become null acid void, Section 14. That any person or per- sons, company or companies, corpora- tion or cortuorations that at any time hereafter become the successors, assigns, lessees or grantees of the said Elgin, Woodstock & Lake Geneva Railroad Company, shall be held and bound to have accepted of the terms and pro- visions of this Ordinance, and to have agreed to do and perform all things provided herein to be done or perform- ed, in the same way and manner that the said Elgin, Woodstock & Lake Geneva Railroad Company are held and bound, or have agreed to do and perform, with the same rights and priv- ileges to the said Village of 111cHenry to revoke, cancel, repeal or annul this Ordinance as though the rights and privileges hereunder were still being exercised, u�aed and enjoyed by the said Elgin, Woodstock & Lake Geneva Rail- road Company, Passed this l8th day of June, A. P. 1908 PETER J. FREUND, President of the Village Board of the Village of Mc- Henry. Published in McHenry Plaiudealer this 25th day of June, A. D. 1908, Attest: HARVEY E. PRier, Village Clerk. An ordinance for the creating, govern- ing and maintaining a volunteer fire de- partment in the village of McHenry, Ill. ARTICLE 1. Section 1. Be it ordained by the pres- ident and board of trustees of the village of McHenry. Ill., that a volunteer fire department be organized as follows, to - wit: Section 2. The president (the board of trustees concurring) shall appoint at the first meeting in May a fire marshal, to hold the office for a term of one year or until his successor is appointed and qualified. Section 3. It shall be the duty of the fire marshal to organize a volunteer fire department consisting of not more than three companies. Section 4. The fire marshal shall take charge of and keep in good serviceable condition all hose carts, hose, ladders, wrenches, lanterns and all appurte- nances pertaining to the fire department equipment. Section 5. The fire marshal shall have access at all times to all hydrants, plugs, leads for practice and to all build- ings or other places in case of fire when deemed necessary for the protection of life and property. Section 6. The fire marshal is hereby authorized to prohibit the burning of paper or other rubbish or the building of bonfires in alleys or near buildings or near oilier inflammable material. Section 7. The fire marshal shall re- ceive a salary of fifty ($50.00) dollars per annum, to beepaid out of the village treasury. Each fire company shall re ceive out of the village treasury for the purpose of acquiring the necessary equipment the sum of fifty ($50.00) dol lars per annum. Each member of the volunteer fire department in good stand ing shall receive two ($2.00) for actua services at each and every fire. Section 8. In case of fire the firs' party getting a hose cart to the fire wilt a horse or horses shall receive the sun of three ($3.00) dollars. The seconi shall receive the sum of two ($2.00) dol lars. The third shall receive the sun of one ($1.00) dollar. This ordinance shall be in full force and effect ten days after its passage. Passed this fifth day of April, 1909. Approved this sixth day of April, 1909 Published this eighth day of April 1909. PETER J. FREUND, President. Attest: H. E. PRICE, Clerk. 205