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HomeMy WebLinkAboutOrdinances - n/a - 03/05/1906 - RailroadAN ORDI'NA.NCE Concerning the Chicago, Desplai ices and Fox River Railroad in the Village and County of McHenry, and State of Illinois. BE IT ORDAIN_FD BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF McHEN Y: SECTION h.- That.per,nission and authority are hereby granted to the Chicago, Desplaines and Fox River Railroad, its successors,lessees or assigns, to lay doyen, construct, maintain, operate, repair and equip with electric or other mechanical power, other than stead locomotive, upon the "conditions hey ell— after stated, a single or _. ailroad for the carry- ing of freight, express, United States mail matter, and pas- sengers, with all necessary curves, connections, side; -tracks, turn -outs, doss-overs, loops,'feeders, switches and appurte- nances in, upon: and along the following streets or parts of streets in said Village ofMcHenry, viz: Commencing at the East line of said Village, and running West either in Elm Street or Pearl Street, as said Co Dany may hereafter elect, to, or near to the West side of the street commonly known as Public Ii:i_ghway, thence Northerly along said Public Highway, to the North limits of said Village; and also upon and along Green Street from Aither Pearl Street or Elm Street, as said r'oulpany may here- after elect, Southerly to Elgin goad, thence Southerly in Elgin Road to, or near to the youth line of Main Street, thence west upon and along Main Street to the West line of said Village, with the right to cross with its railroad tracks and wires the 'railroad tracks of the Chicago and North Western Railway Company either at grade or thereover or thereunder, as. said Chicago, Desplai: es and Tox River Railroad may hereafter elect, and with the further right to cross all streets, alleys, highways and public places intersecting the line or route of said Co_upany's railroad as horeinbefore fixed and located. l I 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 at Pearl Street, as said Company may here- after 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 sw a and keep its own bridge in repair. Said Company shall locate its track on the West side of Green_ Street commencing at the North side of Mill Race, thence in!. a Southerly direction to Waukegan Road, arid do all nedeesiajy filling and grading. S ("ti,)'l 2.- They passenger cars upon said railway shall be: heated and lighted at a.11 times when necessary for the con- venience of its patrons, and its railroad may be operated by overhead electric or other mechanical power, other than steam locomotive power,and said CoMpany shall have the right to set such poles along the sides of such streets and 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 the said Village, and at such height that wires suspended therefrom shall, not be less than eighteen and one-half (18-1j2) feet above the surface of the tracks. In case of curves-q� the poles may be set in such manner and be braced and supported by such anchors located in such manner as shall be necessary for holding said poles and wires in position. Said Company, its successors and assigns, may locate on its said poles such telegrpph and telephone wires as it may need to use. for the control, management aid operation of its said railroad. 2 And permission is hereby given to connect all its said wires with any power -house or sub -station, or with the electric wires of other companies for the purpose of obtaining anti furnishing electric current or currents for the use of said Co,:gpany, its successors, lessee or assigns. Should the Company, its suc- cessors and assigns, at any time abandon any such poles, it shall at once remove the same. Section_ 3.- • The tracks shall be laid with "T" rails and shall be so laid as to conform to the established grade of the streets, where a grade is or shall be established by the Village. Should the Village at any time change: the grade of any of said streets, , -the Company, its successors and assigns, shall adjust its tracks so as to conform to said change of grade, and in no event shall the Village be liable for any damages on account of such changes; and whenever the Village shall pave or otherwise improve the said streets, any section or dart, the said Company, its successors or assigns, shall at its own expense, and at the time the Village makes such improvements, pave or otherwise im- prove the space between the rails of its tracks, and eighteen (18) inches on each side of said •Cracks so as to conform to the paving or other improvement outside of and adjacent to said tracks, on the balance of the street, and with material of the same character, and if the said Company, its successors or assigns, shall fail or•refuse to do the same, then it may be done by the Village and the Company then ojierating said road shall be liable to the Village for they cost and expense thereof, PROVIDED, said Company shall not be required to uses cr pay for asphaltum or Granite for paving material. 3 Section 4.- The Chicago, Desplaines and Fox River Railroad, its successors or assigns, shell lay its tracks so that the center line thereof shall be a.i nearly as practicable the center line of the street,; except air curves and over bridges and points of connection with other railroad tracks, PROVIDED, that no side- tracks, turn -cuts, or spur shall be built upon or along any street where a double track is laid without special permission from the Board of Tristees, by prover ordinance therefor first had and obtained, and PP.OTTIDED, FLTRTHER, that if at first a single track is laid in any street it may 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 privileges herein con- ferr'ed are granted upon the following express conditions, to -wit: FIRST.- On all streets not paved, the said Company, its successors and assigns, during the time of this grant, shall. keep the space between the rails 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.- I'f it shall become necessary to remove any of the wires of said Company, its successors and assigns, in order to move any building or buildings, or for any other purpose, the consent of the Village Authorities shall. first be obtained,and such wires shall be removed under the supervision of the proper officer of said Company after giving said Company forty-eight (48) hours previous 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 expenses and damages for such. removal; said buildings shall be moved along or across the tracks of said Company between_ the hours of 12 midnight and 5 A.M. 4 THIRD.- The Village reserves to itself_, without liability for da-0a.ges, the right to cause the tracks of said Co;spany to be temporarily removed, when necessary for the purpose of laying water, gas or sewer pipes, or for the purpose of making any legitimate improvement to, or beneath the surface of the streets, and in case the Company shall fail to so remove its tracks for such purpose when required by the Board of Trustees or the Presi- dent of the Village, the President may cause the same to be done and the expense therefor shall ba, paid by the Company, its suc- cessors and assigns, PRMTID+'D, that the Village shall furnish a site for the temporary location 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 within the Village, and any other point within the present or future Village limits, shall not exceed five (5) cents. And the said Company, its successors and assigns, shall issue to any person or persons for any continuous trip between any point within said Village on any connecting or cross electric line owned or controlled by said Chicago, Desplaines and Fox River Railroad, free transfer slips without charge, so that any person may rice, for any continuous trip upon said Company"s road, and any cross or connecting line that may hereafter be built or con- structed and operated by the Chicago, Desplaines and Fox River R&iiroad within the present or future Village limits for one cash fare of not to exceed the said sum of five (5) cents therefor. Section_ 6.- The rights and privileges herein granted to said Company shall be forfeited unless the said Company, its suc- cessors and assigns, shall have at least a single track of its road completed and in operation -�rvithin twenty-four (24) months after the passage of this ordir_ance unless s.tid 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 5 that during which the Company, its successors and assigns,, shall - be so r-.strained or delayed; but the failure of said Company to complete 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, Desplaines and Fox River ?railroad, its successors, lessees or assigns, to the use and occupation of such of said streets or any part of the same as granted by this ordinance along which a single track SY'al.l be laid and in oper- ation within the time above litnited. n Section 7.- Nothing contained in this ordinance small release the said Chicago, Desplaines and Fox River Railroad, its successors or, assigns, from anv li_-_bility for any and all damages to the owners of property abutting upon the street, alley or public grounds, upon or over which said railv)ay runs, which said owners may legally sustain by reason of the location or, construc- tion of the road, nor for the negligence of an;f itsemployees. And the said Chicago, Desplaines and Fox River Railroad, its successors and assigns, shall indemnify and forever save harmless said Village of McHenry from any and all da,ma.ges, judgments, decrees, costs and expenses, which said Village may suffer, or which ma.y be lawfully obtained against said Village for or by reason of the granting of the privileges and franchises hereby conferred upon the said Company, its successors or assigns, or for or by reason of or growing oU.t of o, resulting from exercise of the privileges hereby grantedIPROVIDED that the Chicago, Desplaines and Fox River Railroad, its successors, lessees or assigns, shall not be required to indemnify the Village of McHenry under 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 Tillage concerning such matter or thing aforesaid i=aediately 6 upon its being so brought or made, nor unless the said Village shall, permit said Railroad Company to a,ssur.qe the defense of such suit, claim or demand, with all such due assistance and facility for defending the same from said Village as said 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 person_ or company oper- ating said road, to operate the same as her'hby provided, for the period of ninety (90) days at any time after the time above allowed to have the same in operation, except in the case of fire, strikes, riots or other causes beyond the control of the ' Company, this franchi se may be declared void upon rezoitition to that effect by the Board of Trustees of said Village, and all rights hereby granted to said Company, its successors and assigns, shall. thereupon, if so lawfully declared by the Board of Trustees, become null and void, and the person or corjppany then owning such road, shall in such case within thirty (30) days after notici so to do, by the President of said Village, take up and remove from the streets of said Village, all poles, wires and tracks belonging to such person or company, and in c +.se of failure so to.do, the same maybe done by the Village, the expense thereof to be borne by said person or company, its successors and assigns. Section 9.- This ordinance shall be in force and take effect from and after its passage, PROVIDED, that if the said Chicago, Des plaines and Fox River Railroad shall not file with the Village Clerk of the Village of McHenry, within thirty (30) days from the date of the passage of this ordinance, its waittan acceptance of and agreement to be bound by and to carry out faithfully the terpas, conditions and provisions contained in this ordinance which it 7 Is required by this ordinance to perform, then this ordinance, by reason of such failure to file such written acceptance„oha.11 becoma void and of no effect . Passed --mat'- �� - A.D.19G& Yeas Nays �jqt Approved �f�� 1e7 A.D.1906 i Presiclent�-� Attest: -_ �VWilfa-Se erk. _ a