^■^rx^Xt SOUTH PARK COMMISSIONERS STATUTES AND SPECIAL ORDINANCES PRINTED AND PUBLISHED BY AUTHORITY OF THE SOUTH PARK COMMISSIONERS. FEBRUARY, 1908. Till'. t4VNTHOia>-\\ AltliKN l'HlNHN(i ('(). I'.'tMlls ("Inrk Sircct CHUACiU COMMISSIONERS ilHXRV (i. I*^)Iu:max Ly.max a. Waltox William Best Charles L. Hutchixson Edward j. Raixey OFFICERS Hexry (r. Foreman . . President William Best . Auditor John J. Mitchell . . . Treasurer F2dward G. Shumvvay . . . Secretary ]. Fraxk Foster . . General Superintendent R. P. HoLLETT . . . . Attornev INDEX. Page Sec. Alley sec street. Armour Square acquired under act of 1901 G9 Art Institute contract 360 tax for maintenance of 46, 362 2 Assessment act of 1879 34 2 act of 1895 48 2 authorized for making boulevards of uniform widtli... 39 3 how made under charter G 7 pay for location of original parks 6 7 payment of, with bonds 13 17 proceedings in county court 50 1-22 proceedings under law of 1871 22 3 Assessors appointment of 6 7 Atchison, Topeka & Sante Fe E.. R. Co. crossing Western Ave. Blvd. Ordinance of Commis- sioners 265 Auditor of Commissioners 2 2-3 Bessemer Park acquired under amendment 1903 58 Bond of Commissioners 1 1 of treasurer 2 2 Bonds for acquiring and improving submerged and shore lands ' 91 3 for acquisition and improvement of parks already se- lected 82 1 for acquisition and improvement of small parks 71 1 for completion and improvement of parks and boule- vards 60 1 for connecting different park systems by boulevards or driveways 93 1 for deficiency 9 s for enlarging park systems 85 2 11 Bonds — Continued. Page Sec. for improvement and enlargement of park systems.. .. 60 2 for improvement for Fair 44 4 for paric improvements 13 16 issued to retire old bonds 18 2 payment of assessment with 13 17 retirement of 15 2 under amendment of charter 15 2 Boundary Lines between parks and shore owners 89 2 Calumet Park acquired under amendment 1903 58 Charter authorizing park district 1-15 amendment to 15-17 Chicago & Calumet Horse & Dummy Railway Company crossing Oakwood Blvd. at Cottage Grove Ave. Agree- ment of Commissioners 232 Chicago City Railway Company cars to stop before crossing blvds. Ordinance of Com- missioners October 4, 1906 227 2 crossing Drexel Blvd. at 47th St. Ordinance of Com- missioners 190 crossing Garfield Blvd. at Ashland Ave. Ordinance of Commissioners IGS crossing Garfield Blvd. at Ashland Ave., and Western Ave. Blvd. at Archer Ave. Change to electric power. Ordinance of Commissioners 187 crossing Garfield Blvd. at Center Ave. Ordinance of Commissioners 197 crossing Garfield Blvd. at Halsted St. Change to electric power. Ordinance of Commissioners 175 crossing Garfield Blvd. at State St. Resolution of Commissioners 158 Change to electric power. Ordinance of Commissioners 220 crossing Garfield Blvd. at Wentworth Ave. and Hal- sted St. Resolution of Commissioners 1G2 crossing Grand Blvd. and Michigan Ave. Blvd. at 47th St. Ordinance of Commissioners 170 crossing Grand Blvd. at 39th St. Resolution of Com- missioners 157 crossing Jackson St. Blvd., Michigan Ave. Blvd., Oak- wood Blvd., Drexel Square, Midway Plaisance, 51st St. Blvd. Change to electric power. Ordinance of Commissioners 223 crossing Michigan Ave. Blvd. and South Park Ave. Blvd. at 35th St. Ordinance of Commissioners 210 Ill Chicago City Railway Company — Continued. Page Sec. crossing Michigan Ave. Blvd. at 51st St. Blvd. Change to electric power. Ordinance of Commissioners.... 194 crossing Michigan Ave. Blvd. at 31st St. Resolution of Commissioners 160 crossing Michigan Ave. Blvd. at 39th St., Grand Blvd. at 39th St., Garfield Blvd. at Wentworth Ave. Change to electric power. Ordinance of Commis- sioners 178 crossing Michigan Ave. Blvd. at 26th, 31st, 43rd Sts., Grand Blvd. at 43rd St., Drexel Blvd. at 43rd St. Change to electric power. • Ordinance of Commis- sioners; 183 crossing Michigan Ave. Blvd., Grand Blvd., Drexel Blvd. at 43rd St.; Michigan Ave. Blvd. at 26th St., and Western Ave. Blvd. at Archer Ave. Ordinance of Commissioners 166 crossing Oakwood Blvd. at Cottage Grove Ave., change in location of tracks. Ordinance of Commissioners. . 230 crossing Oakwood Blvd., Drexel Entrance and Midway Plaisance at Cottage Grove Ave. Resolution of Commissioners 163 crossing 35th St. at Indiana Ave. and Michigan Ave. Blvd. at 18th St. Change to electric power. Ordi- nance of Commissioners 203 crossing Western Ave. Blvd. at 47th St. Ordinance of Commissioners 200 crossing Western Ave. Blvd. at 35th St. Ordinance of Commissioners 173 Change to electric power. Ordinance of Commissioners 174 double track Turn Out on Western Ave. Blvd. at Archer Ave. Ordinance of Commissioners 207 electric street railway on Western Ave. Blvd. through Gage Park. Ordinance of Commissioners 214 ■ paving of blvd. intersections by. Ordinance of Com- missioners October 4, 1906 226 2 paving of Oakwood Blvd. at intersection of Cottage Grove Ave. Ordinance of Commissioners July 2, 1907 230 3 Chicago Junction R. R. Company tracks elevated over Michigan Ave. Blvd., Grand Blvd., and Drexel Blvd. Ordinance of Commissioners 303 tracks elevated over Western Ave. Blvd. Ordinance of Commissioners 310 location of tracks changed on Michigan Ave. Blvd. Ordinance of Commissioners 333 Chicago & Northern Pacific R. R. Company- crossings at Western Ave. Blvd. and Garfield Blvd. Ordinance of Commissioners 268 IV Page Sec Chicago, Rock Island & Pacific Railway Company- tracks elevated over Garfield Blvd. Ordinance of Com- missioners 285 Chicago & South Side Rapid Transit R. R. Company- additional track and changes at Michigan Ave. Blvd. Ordinance of Commissioners 248 crossing Michigan Ave. Blvd. at 40th St. and Garfield Blvd. between Calumet Ave. and Prairie Ave. Blvd. Ordinance of Commissioners 245 two additional tracks at Michigan Ave. Blvd. Ordi- nance of Commissioners' 253 Chicago Telephone Company- conduits on Cottage Grove Ave. and across Midway Plaisance. Ordinance of Commissioners 1P.9 Chicago Terminal Transfer R. R. Company- tracks elevated over Western Ave. Blvd. Ordinance of Commissioners 310 Chicago & Western Indiana R. R. Company- crossing Garfield Blvd. Ordinance of Commissioners' 259 two additional tracks at Garfield Blvd. Ordinance of Commissioners 282 tracks elevated at Garfield Blvd. Ordinance of Com- missioners 318 Commissioners acquisition of riparian rights by condemnation 77, 87 3-4, 1 agreements with municipality concerning houses of cor- rection 96 1 appointment 1, 3 1, 2 board of 1 1-2 bond 1 1 compensation of 3 2-3 declared Corporate Authorities' 2, 18 2, 1 election of officers 2 2-3 first appointment 1 1 not to be interested in contracts 11 11 oath 1 1 power over parks accjuired from municipality 37 2 power over streets taken as boulevards 35, 49 3 power to acquire control of elevated ways from mu- nicipality 96 1 power to connect parks by driveway over public waters 76 2 power to construct elevated and surface ways 95 1 power to contract with city for repair of adjoining- streets 86 1 power to create, improve and maintain small parks'. ... 69 1 power to enlarge park systems 59, 84 1 power to extend parks over public waters 76 1 power to govern parks 12 13 power to take streets adjoining parks 16 5 V Coiiiinissioiicrs — Continued. Pao-e Sec power to vacate streets 59 84 1 record to be kept by 3 ^ removal of " '.'.'.'.'.'.'.'.'.'.'.'.'.'. n,l^ 12, 4 report of, date to be submitted 94 1 report of, to County Board 32 5 seal of " 3 2 term of ' ' 2 2 to receive city park funds 13 15 vacancy for non-attendance jo 14 vacancies 2 2 Commitments by Court 97, 99 2, 1 Condemnation assessors appointed 6 7 for erection of museums in parks 46 1 for erection of public library in park 80, 81 13 of lands to be taken ' 5 '5 of lands to be taken for small parks 69 2 to enlarge or create parks §4 j to enlarge park systems 59 1 to make boulevards of uniform \vi 1th 38 i-2 to obtain riparian rights S7 1 Conduits see pipes. Consent to transfer of parks' 36 4 Contracts Commissioners to have no personal interest in 11 n Conveying and Delivering Prisoners 97 3 Cornell Square acquired under act 1901 69 Corporate Authorities Commissioners declared to be 2,18 2 1 Crerar Library acceptance of site, minutes of Directors 367 granting site for. Ordinance of Commissioners 364 Crossings C. C. Ry. Co. cars to stop before crossing blvds. Or- dinance of Commissioners October 4, 1906 227 2 N. C. St. R. R. Co. and W. C. St. R. R. Co. cars to stop before crossing blvds. Ordinance of Commissioners October 4, 1906 236 2 VI Crossi>igs — Continued. Page Sec. N. C. St. R. R. Co. and W. C. St. R. R. Co. cars to stop before crossing blvds. Ordinance of Commissioners November 20, 1907 243 2 Davis Square acquired under act 1901 69 Drexel Boulevard charter description 3 4 C. C. Ry. Co. crossing at Cottage Grove Ave 163 C. C. Ry. Co. crossing at 47th St. with double track. . . 190 C. C. Ry. Co., crossing at 43rd St 166 Change to electric power -. 182 resolution of Commissioners selecting 402 U. S. Y. & T. Co., and C. J. R. R. Co., elevation of tracks 303 Drexel Square 30 4 C. C. Ry. Co., crossing at Cottage Grove Ave. Change to electric power 223 order of Circuit Court authorizing enlargement 409 resolution of Commissioners adopting change author- ized by Circuit Court. . 412 resolution of Commissioners enlarging 405 resolution of Commissioners selecting 401 East Jackson see Jackson. Elevated Ways see ways. Field Columbian Museum in Jackson Park authorized by Commissioners 369 Field Museum of Natural History- see Field Columbian Museum. Fifty-First Street Boulevard C. C. Ry. Co., crossing at Cottage Grove Ave. Change to electric power 223 C. C. Ry. Co., crossing at Michigan Ave. Blvd 194 Fifty-Seventh Street Boulevard 30 4 order of Circuit Court authorizing change 409 resolution of Commissioners adopting change author- ized by Circuit Court 412 resolution of Commissioners selecting" 405 No. Four Square acquired under act 1901 69 addition to, acquired under act 1907 84 Vll Page Sec. Free Water on Jackson Street see Jackson Street. Funds for park improvements 13 1^' surplus, application of 31 Gage Park amendment to charter 15 1 change of location, act authorizing 30 4 charter description 3 4 C. C. Ry. Co., double track through 214 order of Circuit Court authorizing creating of 408 resolution of Commissioners creating 403 Garfield Boulevard amendment to charter 1^ 1 charter description 3 4 C. C. Ry. Co., crossing at Ashland Ave 168 Change to electric pov^rer 187 C C. Ry. Co., crossing at Center Ave. with double track 197 C. C. Ry. Co., crossing at Halsted St. Change to electric power 1'^^ C. C. Ry. Co., crossing at State St 158 Change to electric power 220 C C Ry. Co. crossing at Wentworth Ave. and Hal- sted St ■■•• - 162 C. C. Ry. Co., crossing at Wentworth Ave. Change to electric power : ^^^ Chicago & Northern Pacific R. R. Co., crossmg 268 Chicago, Rock Island & Pacific Ry. Co • 285 C. & S. S. R. T. R. R. Co., crossing at Calumet and Prairie Avenues .- ^f^ Chicago & Western Indiana R. R. Co., crossmg 259 tracks elevated ^^^ two additional tracts ••■;■■ """^ Lake Shore & Michigan Southern Ry. Co., elevation of tracks ............. 28.. Pittsburg, Fort Wayne & Chicago Ry. Co., elevation ot tracks ^^^ resolution of Commissioners selecting 402 Gas Pipes see pipes. Grand Boulevard change of boundaries ^^ ^ charter description ■ • C. C. Ry. Co., crossing at 47th St i^" C. C. Ry. Co., crossing at 43rd St i^b Change to electric power i°^ C. C. Ry. Co., crossing at 39th St IJJ Change to electric power ^'^ Chicago Junction R. R. Co.. . f-" order of Circuit Court enlarging ^"» Vlll Grand Boulevard — Continued. Page Sec. resolution of Commissioners adopting change author- ized by Circuit Court 411 resolution of Commiissioners 404 resolution of Commissioners selecting 402 U. S. Y. & T. Co 303 Grand Crossing Park at, acquired under act 1007 84 Grand Trunk Junction Railway Company- crossing Western Ave. Blvd. Ordinance of Commis- sioners 262 Grand Trunk Western Railway Company tracks elevated at Western Ave. Blvd. Ordinance of Commissioners 325 Grant Park created and conveyed to Commissioners G4, 74 1 except part North of Jackson St. Blvd. and West of R. R. Ordinance of City conveying 349 lake front settlement w\t\\ I. C. R. R. Co. Ordinance of City 334 ordinance of Commissioners accepting 352 ordinance of Commissioners accepting state grant 355 ordinance of Commissioners taking control of 356 Hamilton Park acquired under amendment 1903 58 Hardin Square acquired under act 1901 69 Hardin Square Addition acquired under act 1907 84 Hegewisch Park at, acquired under act 1907 84 House of Correction 96,98 Hyde Park Gas Company main across INIidway Plaisance. Resolution of Com- missioners 140 Illinois Central R. R. Company privileges: in Grant Park. Ordinance of City 334 to elevate tracks between 51st and C7th Sts. Ordi- nance of City 272 Illinois Maintenance Company steam pipe across Jackson St. Blvd. Ordinance of Commissioners 143 IX Page Sec. Indiana Harbor R. R. Company- tracks elevated over Western Ave. Blvd. Ordinance of Commissioners 325 Irondale Park at, acquired under act of 1907 84 Jackson Street Boulevard acquired under 1895 47 C. C. Ry. Co. crossing at State St. and Wabash Ave. changed to electric power 223 free water for, qualified provision for agreed to by Commissioners 114 from Chicago River to Michigan Ave. Blvd. Ordi- nance of City transferring 107 amendment 110 ordinance of Commissioners accepting Ill resolution of Commissioners accepting 113 N. C. St. R. R. Co. & W. C. St. R. R. Co. crossing at Dearborn & Franklin Sts. Change to electric power. Ordinance of Commissioners 234 N. C. St. R. R. Co. & W. C. St. R. R. Co. crossing at 5th Ave. Change to electric power 239 steam pipe across, ordinance of Commissioners per- mitting 113 Jackson Park charter description _• • •_ 3 4 life saving station in, ordinance of Commissioners.. 394 amendment 395 resolution of Commissioners selecting 401 use of for World's Columbian Exposition authorized Ordinance of Commissioners 371 amended 382 Lake Front see Grant Park. Lake Park see Grant Park. Lake Shore & Michigan Southern Railway Company- elevation of tracks over Garfield Blvd. Ordinance of Commissioners 285 Lands altering location by leave of Circuit Court 30 4 changed by amendment to charter 15 1 condemnation authorized 5 5 map of 6 6 sale of, not needed for park purposes 39 1 submerged, additional enlargements or extensions.... 92 4 Lands — Continued. Page Sec. submerged and artificial, South of Jackson Park, con- veyed to Commissioners 79 1 submerged, boundary lines of, established and con- firmed by court 89 2 submerged, to be included in adjacent parks 73 1 to be taken, description of 3 4 to be taken for Grant Park 05, 74 1 to be taken for small parks 69 1 to be taken to enlarge or create parks 84 1 use of for World's Fair authorized 41 1 Library condemnation of private rights for 81 3 Crerar, see Crerar. granting of site, to be submitted to voters 81 3 public, within park 80 1 public, within park, directors of 81 2 Life Saving Station in Jackson Park. Ordinance of Commissioners 394 Amendment, ordinances of Commissioners 395 Loomis Street Boulevard act 1879 33 act 1895 47 between Garfield Blvd. and 67th St. Ordinance of City transferring 125 Ordinance of Commissioners accepting 127 Main gas, see pipes. Mark White Square acquired under act 1901 69 Marquette Park acquired under amendment of act 1903 58 McKinley Park acquired under act 1899 58 addition to, accquired under amendment of 1903 58 improved under act of 1901 66 Michigan Avenue Boulevard C. C. Ry. Co., crossing at Eighteenth St., change to electric power 203 C. C. Ry. Co., crossing at Fifty-first St., change to electric power 194 C. C. Ry. Co., crossing at Forty-seventh St 170 C. C Ry. Co., crossing at Forty-third St., change to electric power 182 C. C. Ry. Co., crossing at Thirty-fifth St 210 XI Michigan Avenue Boulevard — Continued. Page Sec. C. C. Ry. Co., crossing at Thirty-first St 160 C. C. Ry. Co., crossing at Thirty-ninth St., change to electric power 178 C. C. Ry. Co., crossing at Twenty-second St., change to electric power 223 C. C. Ry. Co., crossing at Twenty-sixth St. and Forty-third St 166 Chicago Junction R. R. Co. and U. S. Y. & T. Co., location of tracks changed 333 C. & S. S. R. T. R. R. Co. additional track and changes 248 crossing at Fortieth St 245 two additional tracks 253 Jackson St. Blvd. to Thirty-fifth St. Ordinance of City transferring 100 1 resolution of Commissioners accepting 102 St. Charles Air Line R. R. Co., elevation of tracks... 297 Thirty-fifth St. to Fifty-fifth St., resolution of Com- missioners accepting 105 Thirty-fifth St. to Thirty-ninth St., ordinance of City transferring 105 Thirty-ninth St. to Fifty-fifth St., ordinance of Hyde Park transferring 103 U. S. Y. & T. Co. and Chicago Junction R. R. Co., tracks elevated 303 Midway Plaisance charter description 3 4 C. C. Ry. Co. crossing at Cottage Grove Ave 163 change to electric power 223 conduits across, ordinance of Commissioners 139 gas pipes across, ordinance of Commissioners 141 gas; pipes across, resolution of Commissioners 140 gas pipes across, resolution of Commissioners 138 resolution of Commissioners selecting 401 use of for World's Columbian Exposition authorized.. 371 amended 382 Museum. Field Columbian 369 Museums condemnation of private rights 45 1 in parks, erection and use 45 1 tax for maintenance 45 2 Mutual Fuel and Gas Company- resolution of Commissioners permitting laying gas pipes across Midway Plaisance 138 Navig-ation not to be interfered with by park extension 76 1 Xll Page Sec. Normal Avenue Boulevard act 1879 33 act 1895 47 from Garfield Blvd. to Sixty-seventh St. Ordinance of City transferring 134 Ordinance of Commissioners accepting 135 from Sixty-seventh St. to Seventy-second St. Ordi- nance of City transferring 128 Ordinance of Commissioners accepting 129 North Chicago Street R. R. Company- cars to stop before crossing blvds. Ordinance of Com- missioners October 4, 1906 236 2 Ordinance of Commissioners November 20, 1907. . . 242 2 crossing Jackson St. Blvd. at Dearborn St. and Frank- lin St. Change to electric power. Ordinance of Commissioners 234 crossing Jackson St. Blvd. at Fifth Ave. Change to electric powder. Ordinance of Commissioners 239 paving of boulevard intersections. Ordinance of Com- missioners October 4, 1906 236 2 Ordinance of Commissioners November 20, 1007. . 241 2 Oakwood Boulevard acquired 30 4 C. & C. H. & D. R. Co., crossing at Cottage Grove Ave. 232 C. C. Ry. Co., crossing at Cottage Grove Ave 163 changed to electric power 223 change in location of tracks 230 order of Circuit Court authorizing change 410 resolution of Commissioners adopting change author- ized by Circuit Court 412 resolution of Commissioners selecting 405 Oath of Commissioners 2 1 Office term of 2 2 Officers of the Board 2 2 election of . 3 3 removal of 2 2 Ogden Park acquired under amendment 1903 98,58 1 Ordinance park, violation of, see punishment. Palmer Park acquired under amendment 1903 58 XIU Page Sec. Park public library in SO 1 Parks altering location by leave of court, damages 30 4 connection by driveways over bed of public praters... 76 2 enlargement of system authorized 59 1 extension must be within district 78 5 government and control of 13 13 lands originally taken for ■ 3 4 received from municipality, power of Commissioners over 37 2 right of Commissioners to enlarge or create by con- demnation 84 1 small, Commissioners may acquire 69 1 small, Commissioners' power over 70 4 streets adjoining, may be taken 16 5 to be enlarged by addition of submerged lands 73 1 to be enlarged by extension over public waters 76 1 under control of municipality, municipality may vest control 37 4 under control of municipality, reversion to corporate authorities • 37 3 under control of municipality, transfer authorized 36 1 use of for World's' Fair 43 3 Paving by C. C. R}^ Co. of boulevard intersections. Ordinance ' of Commissioners October 4, 1906 226 2 by C. C. Ry. Co. of Oakwood Blvd. at Cottage Grove Ave. crossing. Ordinance of Commissioners July 2, 1907 230 3 by N. C. St. R. R. Co. and W. C. St. R. R. Co. of boulevard intersections. Ordinance of Commission- ers October 4, 1906 236 2 Ordinance of Commissioners November 20, 1907. . . 241 2 Pipes gas, across Midway Plaisance 140-141 gas, on Cottage Grove Ave 141 steam, across Jackson St. Blvd 143 Pipes and Conduits across Midway Plaisance 13S on Cottage Grove Ave 139 Pittsburg, Cincinnati, Chicago & St. Louis Railway Company two main tracks across Western Ave. Blvd. Ordi- nance of Commissioners 278 tracks elevated over Western Ave. Blvd. Ordinance of Commissioners 310 Pittsburg, Fort Wayne & Chicago Railway Company elevation of tracks over Garfield Blvd. Ordinance of Commissioners ^91 XIV Page Sec. Police Powers 12 13 Prairie Avenue Boulevard act 1879 33 act 1895 47 from Sixteenth to Twenty-ninth Sts. Ordinance of City transferring 119 amendment to 121 amendment 1 22 Ordinance of South Park Commissioners accepting 123 President of Commissioners 2 2-3 Punishment for violation of park ordinances 96 1-3 Report of Commissioners to County Board 32, 94 5, 1 Reversion of Parks to Corporate Authorities 37 3 Reversion of Streets Taken as Boulevards 49, 35 4, 4 Riparian Rights acquisition of, by Commissioners 77 3-4 acquisition of, by Commissioners by condemnation.... 87 1 legal procedure for obtaining 89 2 Roads see streets. Russell Square acquired under act 1901 69 Russell Square Addition acquired under act 1907 84 Seal of Commissioners 2 2 Secretary of Commissioners 3 2-3 salary 98 2-3 Sherman Park acquired under amendment 1903 58 Sixteenth Street Boulevard act of 1879 33 act of 1895 47 from Michigan Ave. Blvd. to Prairie Ave. Blvd. Or- dinance of City transferring 119 XV Sixteenth Street Boulevard — Continued. Page Sec. amendment to 121 amendment 122 Ordinance of South Park Commissioners accepting 123 Sixty-Fifth. Street Boulevard from West line of Normal Ave. Blvd. to East line of Normal Ave. Blvd. Ordinance of City transferring 134 Ordinance of Commissioners accepting 135 Sixty-Seventh Street Boulevard act of 1S79 33 act of 1895 47 between West line of Normal Ave Blvd. to East line of Normal Ave. Blvd. Ordinance of City transferring 134 Ordinance of Commissioners accepting 135 from Loomis St. Blvd. to California Ave. Ordinance of City transferring 125 Ordinance of Commissioners accepting 127 from Loomis St. Blvd. to Normal Ave. Blvd. Ordi- ance of City transferring 128 Ordinance of Commissioners accepting 129 from Normal Ave. Blvd. to South Park Ave. Ordinance of City transferring 131 Ordinance of Commissioners accepting 132 Sixty-Sixth Street Boulevard act 1879 33 act of 1895 47 from South Park Ave. to Jackson Park Ave. Ordinance of City transferring 131 Ordinance of Commissioners accepting 132 South Park Avenue Boulevard act of 1879 33 act of 1895 47 C. C. Ry. Co., double track, crossing at Thirty-fifth St. 210 from Sixty-seventh to Sixty-sixth Sts. Ordinance of City transferring 131 Ordinance of Commissioners accepting 132 from Thirty-fifth St. to Thirty-third St. Ordinance of City transferring 115 Ordinance of Commissioners accepting 117 from Twenty-ninth to Thirty-third Sts. Ordinance of City transferring 119 XVI South Park Avenue Boulevard — Continued. Page Sec. amendment to 121 amendment 122 Ordinance of South Park Commissioners accepting 123 St. Charles Air Line R. R. Company elevation of tracks over Michigan Ave. Ordinance of Commissioners 297 Steam Pipes see pipes. Streets adjoining parks, Commissioners may contract with City to repair 86 1 adjoining parks, may be taken 16 5 through and adjoining park lands, vacation of, ordi- nances of City 147, 153, 155 through park lands, may be vacated 11, 5!) 10, 1 70, 84 .3, 1 Streets Taken as Boulevards abandonment of, consents 34 1 Commissioners' power over, act of 1895 47 1 condemnation to make of uniform with authorized... 35 1-2 consent of corporate authorities and abutting property owners necessary 47 1 controlled by Commissioners 49 3 improvement and maintaining of streets already taken 49 6 improvement of by special assessment 48 2 municipality may confer control 36 5 ■ municipality may vest control 49 5 power granted, consents, act of 1879 33 1 power of Commissioners over 35 3 reversion of, to corporate authorities 35 4 reversion of, to original authorities 49 4 Surface Ways see ways. Tax for Park Enlargement Bonds under act of 1901 66 1 for Park Enlargement Bonds under act of 1903...... 60 2 maintenance of small parks and payment of small park bonds, under act of 1903 72 2 maintenance, 3 mills authorized under act of 1905.... 62 1 maintenance of park museums, 1/2 mill authorized under act of 1903 46 2 payment of interest on and principal of bonds for ac- quiring, improving and completing parks, under act of 1905 82 1 payment of interest on and principal of bonds for ac- quiring and improving submerged lands, under act of 1907 91 3 XVI 1 'I'dx — ConI'mitcd. Page Sec. payment of interest on and principal of bonds for park- enlargement, under act of 1907 ,s,"> 2 payment of interest on and principal of lionds to con- nect parks bv boulevards or bridges, under act of 1907 ():{ I payment of interest on and principal of World's l-'air Bonds, imder act of 1S!)() 44 4 yearly, estimate for ($:{()(), Odo ) under act of ISC'.) in Taxation property of Commissioners exempt from 12 1.5 Thirty-Fifth Street Boulevard C. C. Ry. Co., crossing at Indiana Ave., change to electric power. Ordinance of Commissioners '?jy.\ C. C. Ry. Co., crossings at jNIicbigan Ave Blvd. and South Park Ave. Bl vd :2 1 (i Michigan Ave. Blvd. to Grand Blvd. Ordinance of City transferring ^ 100 l Resolution of Commissioners accepting ]o;> Ordinance of City consenting to abandonment.... ll.j Ordinance of Commissioners aliandoning 117 Thirty-Third Street Boulevard act 1879 n:; act 1S9.") 47 from Soutli Park .Ave. Blvd. to .Michigan .\\e. lUvd. Ordinance of City transferring II.", Ordinance of Commissioners accepting 117 Treasurer of Commissioners bond of . . , election of Twenty-Ninth Street Boulevard act 1S79 act 1S9.) from Prairie .Ave. Blvd. to South Park .Ave. Blvd. Ordinance of City transferring amendment amendment 1:>:.> Ordinance of .South Park Commissioners accepting V2'.j Union Stock Yard & Transit Company of Chicago tracks elevated at Michigan .A\e. l!lvd.. Grand Blvd. rmd Dre.xel Blvd. Ordinance of Conunissioner.s. . . ao;; Tracks elevated at Western .Ave. Blvd. Ordinance of Commissioners .'JIO Location of tracks changed at Michigan .Ave. B)lvd. Ordinance of Commissioners W.V.I Universal Gas Company main on Cottage Grove .Ave. and across Alidway Plai^ance. Ordinance of Commissioners 141 •i 2-15 2 •' 2 .! -17 1 19 V?A XVI n Page Sec. Vacancies on Board ;; 2 Vacancy for Non-Attendance 12 14 Vacation of street or alley 1 1 , .il) 10, 1 70, s-i :;, 1 of streets and alleys, ordinance of City vacating. .147, l.jo, l,5.i Violation of park ordinances, pnnishment of 0() ^-2 Vote charter to be submitted to i:i is Fair bonds to be submitted to 44 4 park bonds for acquiring, improving and completing parks already selected, to be submitted to, 1905.... S2 1 park bonds for acquiring submerged lands, to be sub- mitted to, 1907 , "11 o park bonds for completion and improvement, to be submitted to, 1901 (is 2 park bonds, for connecting parks by lioulevards or bridges', to be submitted to Of) 1-2 Park Enlargement Bonds ($.500,000). ti> be subnntted to, 1903 00 2 Park Enlargement Bonds, 1907, to be submitted to.... s.') 2 site of public library in park, granting of, to be sub- mitted to, 190:! ..." SI ?, tax for park museums to be submitted to, lOO:! 47 2 Washington Park charter description :'• 4 resolution of Commissioners selecting 401 use of, World's Columbian E.\])osition, autlmrized . . . :iT7 repealed '. ■>s."i Water free 111,111 Ways elevated and .surface, power of Cummissioners to con- struct '■>'> 1. elevated, municipality may construct and turn contrul liver to Commissioners '■>*'< 1 West Chicago Street R. R. Company cars to stop ])efore crossing blvds. Ordinance of Com- missioners October 4, 190() 2.'1C) 2 Ordinance of Commissioners Xovember 20, 1907. . 242 2 crossing Jackson St. Blvd. at ath Ave., change to electric power. Ordinance of Commissioners 2:59 crossing Jackson St. Blvd. at P'ranklin St.. change to electric power. Ordinance of Commissioners 234 XIX //V.v/ C'liicas^o Slj-rcl R. R. Company — i niitiiiiicd. Page Soc. paving of l)oulcvard intersections l)y. Ordinance of Commissioners Octol:)cr 4, ]906 :j;i() 2 Ordinance of Connnissioners' November 20, lUUT.. . :*41 2 Western Avenue Boulevard Atchison, Topeka & Santa Fe R. R. Co. crossing ;.'i).") change of location ISO 4 cliarter description :! 4 C. C. Ry. Co., crossing at Archer Ave Kili change to electric power 1S7 crossing at Forty-seventh St. with donble track... 2()() crossing at Thirty-fifth St 172 change to electric power 174 double track "turn-out" at Archer Ave.... 207 Chicago & Northern Pacific R. R. Co. crossing 2GS Grand Trunk Junction R. R. Co. crossing 262 Grand Trunk Western Ry. Co. and Indiana Harbor R. R. Co., elevation of tracks 325 Order of Circuit Court changing location 40S Pitt.sburg, Cincinnati, Chicago & St. Louis R. R. Co. crossing 278 Pittsburg, Cincinnati, Chicago & St. Louis, Union Stock Yard & Transit Co. of Chicago, Chicago Junc- tion R}'. Co. and Chicago Terminal Transfer R. R. Co., elevation of tracks :U0 resolution of Commissioners changing location 404 resolution of Commissioners selecting 402 World's Columbian Exposition bonds' to improve parks, vote 44 4 claims of Commissioners against, resolution concerning 385 extract from minutes of executive committee of 3S4 lands under control of City may be used for 41 2 parks may be used 43 3 settlement of differences with Commissioners. Ordi- nance of Commissioners' concerning 3S7 use of Jackson Park and iNIidway Plaisance authorized Ordinance of Commissioners 371 amendment ordinance of Commissioners 382 use of state lands authorized 41 1 use of Washington Park authorized. Ordinance of Commissioners' 377 repealed 385 STATUTES RELATING TO THE SOUTH PARK COMMISSIONERS. ORIGINAL CHARTER, AN ACT TO PROVIDE FOR THE LOCATION AND MAIN- TENANCE OF A PARK FOR THE TOWNS OF SOUTH CHI- CAGO, HYDE PARK AND LAKE. [APPROVED FEBRUARY 24, 1869.] Section 1. Appointment — Oath — Bond. Be it en- acted by the People of the State of Illinois, repre- sented in the General Assembly: That five persons, who shall be appointed by the Governor of the State of Illinois, together with their successors, be, and they are hereby, constituted a Board of Public Park Com- missioners for the towns of South Chicago, Hyde Park and Lake, to be known under the name of the South Park Commissioners; and in case of the failure of any of said persons to accept such appointment, and to qualify thereunder as hereinafter provided, within six- ty days after the passage of this act, the place of such person in said commission shall be thereby vacated, and it shall be the duty of a majority of the Commis- sioners so accepting to appoint some suitable person to fill the place thus made vacant, which appointment, when accepted by such nominee, shall constitute such 13erson as a Commissioner under this act. And a ma- jority of said Commissioners shall so continue to nomi- (1) Z STATUTES. nate until the board shall consist of five persons. Each of said Commissioners, before entering upon the duties of his office, shall take an oath to well and properly discharge the duties of his office for the interest of the public, which oath shall be reduced to writings sub- scribed to by him, and filed in the office of the County Clerk of Cook County. They shall each give a bond in the penal sum of fifty thousand dollars, with one or more sureties, to be approved by the Judge of the Cir- cuit Court of Cook County to the Treasurer of Cook County, conditioned for the faithful discharge of their duties under this act. Sec. 2. Term — Officers — Seal — Vacancies. As soon as convenient, after the said board shall be consti- tuted as aforesaid, the members thereof shall decide by lot, at a meeting to be called by any three of them, as to the respective terms for which each member shall hold his office; the number of lots shall equal the num- ber of Commissioners, and the person drawing the long- est term shall serve for five years from the first day of March, A. D. 1869; the one drawing the next shall serve for four years from said date; the one drawing the next shall serve for three years from said date ; and so on until the term of each one of said Commissioners shall be definitely determined, each one serving for the length of time inscribed on the lot drawn by him, — the last of said Commissioners serving for the term of one year only from said first day of March, A. D. 1869. As soon as the term of office of each of said Commissioners shall be determined as aforesaid, said board shall or- ganize by electing one of their number as President, and one of their number as Auditor; they shall also STATUTES. 6 appoint a Treasurer, prescribe his duties and fix his compensation, who shall give bond for the faithful dis- charge of his duties in the penal sum of five hundred thousand dollars, with not less than three sufficient sureties, to be approved by the Ju-dge of the Circuit Court of Cook County. They shall also choose a Sec- retary, who shall not necessarily be a Commissioner, and who shall hold his office until his successor shall be appointed, as hereinafter provided; and all officers appointed by the board shall be subject to removal at the pleasure of the board. The said board shall adopt a seal and alter the same at pleasure; they shall keep a complete record of all their proceedings, which shall l)e open at all times for the inspection of the public. The said Commissioners shall receive no compensation for their services, except the President, who may, in the discretion of said board, have and receive such compen- sation as may be fixed as hereinafter provided, not to exceed three thousand dollars per annum. All vacan- cies occurring in said board shall be filled by the ap- pointment of the Judge of the Circuit Court of Cook County, when such vacancy or vacancies shall occur. Said Board of Commissioners shall be a body politic and corporate, and shall have and enjoy all the powers necessary for the purposes of this act. Sec. 3. Election. The President, Auditor, Treas- urer and Secretary shall be elected annually by said board, at the annual meeting thereof, and shall receive such salary for their services as said board shall from time to time determine, not exceeding, for each of said officers, the sum of three thousand dollars per annum. Sec. 4. Lands to be taken. The said Commision- STATUTES. ers, by tliis act, are authorized and empowered to, and they shall, within ninety days after their organiza- tion as aforesaid, or as soon thereafter as practicable, select the following described lands, situated in the towns of South Chicago, Hyde Park, and Lake, in Cook County, Illinois, to-wit: Commencing at the south- west corner of Fifty-first street and Cottage Grove ave- nue, running thence south along the west side of Cot- tage Grove avenue to the south line ^f Fifty-ninth street ;. thence east along the south line of Fifty-ninth street to the east line of Hyde Park avenue; thence north on Hyde Park avenue to Fifty-sixth street; theJnce east along the south line of Fifty-sixth street to Lake Michigan; thence southerly along the shore of the lake to a point due east of the center of section twenty-four (24), township thirty-eight (38) north, range fourteen (14) ; thence west through the center of said section twenty -four (24) to Hyde Park avenue; thence north on the east line of Hyde Park avenue to the north line of Sixtieth street, so called ; thence west on the north line of Sixtieth street, so called, to Kanka- kee avenue; thence north on the east line of Kankakee avenue to Fifty-first street; thence east to a point to the place of beginning; also, a piece of land connnenc- ing at the southeast corner of Kankakee avenue and Fifty-fifth street, running thence west, a strip two hundred feet wide, adjoining the north line of Fifty- fifth street, along said Fifty-fifth street to the line be- tween ranges thirteen (13) and fourteen (14) east; thence north, east of and adjoining said line, a strip two hundred feet wide, to the Illinois and Michigan canal; also, a parcel of land beginning at the southwest corner of Douglas place and Kankakee avenue, running STATUTES, tlience soiitli, a strip of land one hundred and tliirty- two feet wide along the west side of said Kankakee ave- nue to a point one hundred and fifty feet south of the south line of Fifty-first street; also, a strip of land com- mencing at the intersection of Cottage Grove avenue and Fifty-first street, running thence east one hun- dred feet in width on each side of the center line of Fifty-first street, to a point one hundred feet east of the center line of Drexel avenue; also, a strip of land extending north from the intersection of Fifty-first street with Drexel avenue, one hundred feet in width on each side of the center line of said avenue to the north line of Forty-third street; thence northerly, a strip of land two hundred feet in width till it meets or intersects with Elm street in Cleaverville ; thence north- erly along said Elm street, two hundred feet in width, west from the east line of said street, to its intersection with Oakwood avenue; which said land and premises, when acquired by said Commissioners, as provided by this act, shall be held, managed and controlled by them and their successors, as a public park, for the recreation, health and benefit of the public, and free to all persons forever, subject to such necessary rules and regulations as shall, from time to time, be adopted by said Commissioners and their successors, for the well ordering and government of the same. Sec. 5. Condemnation. In case the said Commis- sioners cannot agree with the owner or owners, lessees or occupants of any of the said real estate selected by them as aforesaid, they may proceed to procure the condemnation of the same in the manner prescribed in the act of the General Assembly of the State of Illinois, 6 STATUTES. entitled "An Act to amend the law condemning right of way for the pnrpose of internal improvements, ' ' ap- proved June 22, 1852, and the acts amendatory thereof, the provisions of which said act, and the several acts amendatory thereof, are hereby extended to the park and Park Commissioners to be created by virtue of this act. Sec. 6. Map. When the title to the land selected for such park as herein provided shall have been ac- quired by said Commissioners, by gift, condemnation, or otherwise, it shall be the duty of such Commission- ers to make, acknowledge, and file for record in the office of the Recorder of Deeds for Cook County a map, showing the said land, with a correct description, in- cluding section, township and range. Sec. 7. Assessors — Assessment, etc. As soon as the amount required for the condemnation of the grounds selected for said park, shall have been ascer- tained by said Commissioners, with reasonal>le cer- tainty, they shall apply to the Judge of the Circuit Court of Cook County for the appointment of three freeholders of the County of Cook as park assessors'. The (\mimissioners shall give notice in one or more of ill? daily news])ai)ers published in the City of Chicago, of the time when such application will be made, and all parties interested may appear and be heard liy the said judge, touching such a})pointment. At the time fixed for sueh application, the court, after hearifig such per- sons as shall desire to l)e heard touching such apiioint- ment, shall nominate and api)oint three assessors for the purposes provided in this act. The said assessors shall i)roceed to assess the amount so ascertained upon STATUTES. / property in the towns of South Chicago, Hyde Park and Lake, in Cook County, deemed benefited by reason of the improvement occasioned by tlie location of said park, as near as may be in proportion to tlie benefits resulting thereto : Provided, that the aggregate of said benefits is equal to or greater than the amount of said damages ; and in case the aggregate of the benefits is less than the damages, then the balance of the dam- ages over the benefits shall be paid from the fund pro- vided for in section eight of this act. Upon entering on the duties of their office, the said assessors shall make oath before the Clerk of the said Circuit Court faith- fully and impartially to discharge the duties of their office. They shall give at least ten days' notice in one of the said daily papers of the time and place of their meeting for the purposes of making said assessment, and may adjourn such meeting from time to time until the same shall be completed. In making the said assessment the said assessors shall estimate the value of the several lots, blocks, or parcels of land deemed benefited by them as aforesaid, and shall include the same, together with the amount assessed as benefits, in the assessment roll. All parties interested may ap- pear before said assessors, and may be heard touch- ing any matter connected with the assessment. When the same shall be completed, it shall be signed by the assessors, and returned to the said Circuit Court, and shall be filed by the clerk thereof. The assessors shall thereupon give at least ten days' notice in one of the said daily papers, of the filing of said assess- ment roll, and they will, on a day therein named, ap- ply to the said Circuit Court for confirmation of the same, Avhich said notice shall be published at least ten O STATUTES. days before the time fixed for such application. Said Circuit Court shall have power to revise, correct, amend, or confirm said assessment, in whole or in part, and may make or order a new assessment, in whole or in part, and the same revise and confirm upon like notice. All parties interested may appear before said Circuit Court, either in person or by attor- ney, when such application shall be made, and may ol)- ject to said assessment, either in whole or in part, provided all objections shall be in writing, and shall be filed at least three days before the time fixed for the application, and shall specify the lot, block, or parcels of land on behalf of which, objection is made. After the confirmation of said assessment, the clerk of said Circuit Court shall file a copy thereof, under the seal of his said court, with the clerk of the County Court of Cook County, and said assessment shall be a lien upon ;the several lots, blocks, or parcels of land assessed for the benefits as aforesaid. Ten per cent, of the amount so ascertained shall be due and payable annually, and the Clerk of said Cook County Court shall include in the general tax warrants for each year, until the whole sum shall be paid, for the collection of State and county taxes in the said towns of South Chi- cago, Hyde Park and Lake, ten i^er cent, of the said assessments in an appropriate column, to be termed "South Park Assessment," with the amount to be col- lected opposite the several lots, blocks, or parcels of land assessed as aforesaid ; and like proceedings in all respects shall be had for enforcing the collection of same as is now provided by law for the collection of State and county taxes. The money collected under the provisions of this section shall be paid to the STATUTES. 9 treasurer of Cook County, for which he and his sure- ties shall be responsible, as fully as for any other moneys by him received as treasurer of Cook County, and l)e held by him in the same manner and be subject to the same control and direction, as provided in this act for other moneys belonging to said corporation ; and the treasurer of Cook County shall be entitled to receive one-half of one per cent, and no more, of said moneys as a full compensation for receiving and dis- bursing the same. Sec. 8. Bonds for deficiency. For any deficiency arising through acquiring a title to said park, and for the payment of expenses of enclosing, maintaining and improving the park herein provided for, and the ex- penses, disbursements and charges in the premises, the said Commissioners- shall have power to loan or borrow from time to time, for such time as they shall deem expedient, a sum of money not exceeding two millions of dollars, and shall have authority to issue bonds, secured upon the said park and improvements, which bonds shall issue under the seal of said Commission- ers, and shall be signed by said Commissioners, and countersigned by the secretary of said board, and bear interest not exceeding seven per cent, per annum ; and it shall l)e the duty of said Commissioners to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued and said register shall at all times be open to the investigation of the public; and for the payment of the principal and interest of said bonds the said park and improvements shall be irrevocably pledged, and the towns of South Chicago, Hyde Park and Lake shall be irrevocably bound; and 10 STATUTES. said bonds may be sold by said Commissioners, upon such terms and for such prices as, in tlie judgment of said Commissioners, can be obtained for the same in cash. Sec. 9. Estimate for yearly tax. The said Board of Park Commissioners shall annually, on or before the first day of December in each year, transmit to the Clerk of the County Court of Cook County, an estimate, in writing, of the amount of money, not exceeding in any one year three hundred thousand dollars, neces- sary for the payment of the interest on the bonds is- sued by said board, and that in addition thereto will be required for the improvement, maintenance, and government of said park during the current year; and the said clerk shall proceed to determine what per cent, said sum is on the taxable property of said towns, according to the several assessors' returns for the respective year, and shall, in the next general tax war- rants for the collection of State and county taxes in said several towns, set down the amount chargeable to the several persons, corporations, lots, or parcels of ground, in a separate or appropriate column, and shall receive such compensation as now allowed by law; and the collectors respectively shall proceed to collect the same in the manner now provided by law for the col- lection of State and county taxes; and all the provi- sions of law, in respect to the collection of State and county taxes, and proceedings to enforce the same, so far as applicable, shall apply to said assessments and taxes. The said sum of money shall lie placed by the treasurer of the said County of Cook, to the credit of said Board of Park Commissioners, and shall be drawn by said board from the county treasurer by war- STATUTES. 11 rant, signed by the president and secretary of the board, and countersigned by the auditor, to be ap- pointed as aforesaid, and in no other way; the ap- pointment of such auditor or comptroller having been first dn]j certified by such president and secretary, and filed in the office of said treasurer of Cook County. Sec. 10. Closing highway. It shall be lawful for said Commissioners to vacate and close up any and all public roads and highways, excepting railroads, which may pass through, divide or separate any lands selected or appropriated by them for the pur])ose of a park; and no such road shall be laid out through said park except as the said Commissioners shall lay out and construct. Sec. 11. No Commissioner to be interested in con- tracts. Xo one of the said Commissioners shall l)e interested, either directly or indirectly, in any con- tract entered into by them with any other person; nor shall they be interested, directly or indirectly, in the })urcliase of any material to be used or applied in and about the uses and purposes contemplated in this act. And it shall be a misdemeanor for any CV^nnnissioner to l)e directly or indirectly interested, or in any way pecuniarily interested in any contract or any work of any kind whatever, connected with said park. Sec. 12. Commissioners removed. The said Com- missioners, or either of them, may l)e removed from office by the Judge of the Circuit Court of Cook County, u])on the ])etition ]iresented to him in term time or in vacation, by one hundred free-holders of said towns of South Chicago, Hyde Park, and Lake, if it shall ap- ])ear, after hearing the proof before said judge, that 12 STATUTES. the said Commissioners, or either of them, have been guilty of misdemeanor or malfeasance in office under this act; and if the said judge shall remove any two or more of said Commissioners from office for any cause, Ijefore the expiration of their term of office, he is here- by empowered to appoint others in their stead, who shall fill such offices for and during the unexpired term of such Commissioners so removed. Sec. 13. Power to govern. The said board shall have the full and exclusive ])ower to govern, manage and direct said park; to lay out and regulate the same; to pass ordinances for the regulation and gov- ernment thereof; to appoint such engineers, surveyors, clerks, and other officers, including a police force, as may be necessary; to define and prescribe their re- spective duties and authority; fix the amount of their compensation; and, generally, in regard to said park, they shall possess all the i)ower and authority now by law conferred upon, or possessed by, the Common Council of the City of Chicago, in respect to the pub- lic squares and places in said city; and it shall be lawful for them to commence the improvement of said park as soon as they have obtained one hundred acres of the premises herein described. Sec. 14. Office vacant. The office of any com- missioner under this act, who shall not attend the meetings of the board for three successive montlis, after having been duly notified of said meetings, with- out leave of absence from said board, may, by said board, be declared vacant. Sec. 15. Taxation. The real estate and ]»ersonal property of said corporation shall be exempted from taxation and assessment. STATUTES. 13 Sec. 16. Bonds and funds for park improve- ments. All moneys belonging or to belong to any park fund now in existence or hereafter to be created, and all bonds, and the proceeds from sales thereof now authorized or hereafter to be authorized to be issued by the City of Chicago for park purposes, in or to which the South Division of the City of Chicago may now or shall hereafter be entitled to a distributive share, shall be devoted and applied to the purchase or maintenance and improvement of the park contem- plated and created by this act, under the direction and control of the Commissioners provided for in this act. Sec. 17. Bonds received in payment of assess- ment. The bonds to be issued under this act may be received in payment of any assessment, whether such bond or assessment shall have become due or not, u]ion such terms as shall be fair, just and equitable; and upon the payment of any assessment, the land upon which the same is assessed shall be free from any lien or liability to pay the same; and such payment shall be reported to the County Clerk of Cook County, and entered upon the record of assessment. Sec. 18. Election, judges, clerks, voters. There shall l)e an election held in the towns of South Chicago, Hj^de Park, and Lake, on the fourth Tuesday in March next after the passage ol this act, at which election the legal voters voting at such election shall vote for or against this act. The tickets shall be printed or written, "For Park" or "Against Park;" and if a majority of the votes cast on the subject of park shall be "For Park," then this act shall take effect and be in force, Imt not otherwise. The Clerk of the County 14: STATUTES, Court of Cook County shall designate tlie places of holding such election, and give notice thereof in one or more of the daily papers published in the County of Cook, at least six days preceding such election, and shall supply the judges thereof with the neces- sary books, papers, and boxes as in other cases of elec- tion, and there shall be one polling or voting place in each voting precinct in said towns, as the same were fixed at the last general election in the County of Cook. The persons who acted as judges or inspectors of elec- tion in the several precincts of said towns, at the last general election in Cook County, shall be the judges or inspectors of this election. In case the judges or in- si^ectors of election shall not "attend at the time for oi3ening the polls, such judges or insj^ectors shall be chosen by the legal voters present. The clerks shall be appointed as provided in elections for county officers. The polls shall be opened and closed, and the election conducted as elections for county officers. All legal voters of said towns shall be entitled to vote at such election, without any new registration ; and the judges or inspectors of such election shall use the registry list made for the general election in Noveml)er, 1868: Provided, That whenever any person whose name is not on the registry list shall offer his vote at such election, the judges or inspectors shall require the same evidence of his qualifications as now provided by law. The said judges of election shall immediately after the closing of the polls, count the ballots, fill out and sign the returns and tally sheets, as now provided by law in all other elections, and return the poll books and ballots to the Clerk of the County Court, as in other cases of election. The votes shall be canvassed in the STATUTES. 15 manner provided by law for the election of State and county officers. The Clerk of the County Court of Cook County shall, immediately after such canvass, cause a certificate of the result of such election to be filed in the office of the Secretary of State, which shall be conclusive evidence of the result of said election. Sec. 19. This act shall be a public act, and shall take effect and be in force from and after its passage. AN ACT AMENDATORY OF AND SUPPLEMENTARY TO AN ACT TO PROVIDE FOR THE LOCATION AND MAINTE- NANCE OF A PARK FOR THE TOWNS OF SOUTH CHI- CAGO, HYDE PARK AND LAKE, APPROVED FEBRUARY 24, 1869. [APPROVED APRIL 16, 1869.] Section 1. Lands taken. Be it enacted by the People of the State of Illinois, represented in Gen- eral Assembly, That the portion of the fourth section of the act to which this is amendatory and supple- mental, which is in the words "A piece of land com- mencing at the southeast corner of Kankakee avenue and Fifty-fifth street ; running thence west, a strip two hundred feet wide adjoining the north line of Fifty-fifth street," is hereby amended by substituting in lieu thereof the words "A piece of land commencing at the northeast corner of Kankakee avenue and Fifty-fifth street, running thence west a strip two hundred feet wide south of and adjoining the north line of said Fifty- fifth street." Sec. 2. Bonds issued. The bonds authorized to be issued by the act of which this is amendatory and supplemental, may be issued, sold, and the proceeds applied for acquiring said lands, and for any and all 16 STATUTES. 13urposes in the said act mentioned. Said bonds shall be retired and cancelled as fast as the money for that purpose can be obtained, by the collection of the money due upon the special assessment provided for in sec- tion seven of the act hereinbefore mentioned, and a sufficient amount of any bonds that may be issued jjy the City of Chicago under any law now in force or here- inafter enacted, and received by said Commissioners, shall be applied to the purpose of retiring the bonds authorized by said act. Sec 3. The ninth section of said act is hereby so amended that the words "during the current year," shall read ' ' during the next succeeding year. ' ' Sec. 4. Removal of Commissioners. That the twelfth section of said act be and the same is hereby amended so as to read as follows: The said Commis- sioners, or either of them, may be removed from offiee by the Judge of the Circuit Court of Cook County, upon the petition presented to him, in term time or in vaca- tion, by one hundred freeholders of said towns of South Chicago, Hyde Park and Lake, if it shall appear, after hearing proof before said judge, that the said Com- missioners, or either of them, have been guilty of mis- demeanor or malfeasance in office under this act; and if the said judge shall remove any one or more of said Commissioners from office for any cause before the ex- piration of their term of office, he is hereby authorized and empowered to fill the vacancy or vacancies thus created by appointing other Commissioners in their place, who shall serve during the unexpired terms of the Commissioners so removed. Sec. 5. Adjoining streets. The Commissioners to STATUTES, 17 be appointed under said act are hereby vested with the same powers and duties as are conferred by said act in relation to lands designated for parks, over all streets running longitudinally along and adjoining any and all of the proposed jjarks, or strips of land designated in said original act, as are conferred by said act in re- lation to such parks and strips of land, as may be neces- sary to improve and keep in repair the same, in con- nection with the said parks or strips of land, without obstructing the fences or other structures, free access to the said streets from existing roads and streets, and by owners of land abutting on the same. Sec. 6. Election. The elections held in the towns of South Chicago, Hyde Park and Lake, on the twenty- third day of March, A. D. 1869, under and by virtue of the eighteenth section of the act to which this is an amendment, are hereby legalized and confirmed, and said act shall be held and deemed to have been regu- larly and legally adoj^ted by the legal voters of said towns, and shall remain in full force and effect, and shall be liberally construed in all courts with a view to carry out and enforce the intent and meaning of the same. Sec. 7. This act is hereby declared a public act, and shall take effect and be in full force from and after its passage. 18 STATUTES. AN ACT TO ENABLE THE CORPORATE AUTHORITIES OF TWO OR MORE TOWNS, FOR PARK PURPOSES, TO ISSUE BONDS IN RENEWAL OF BONDS HERETOFORE ISSUED BY THEM, AND TO PROVIDE FOR THE PAYMENT OF THE SAME: TO MAKE, REVISE AND COLLECT A SPECIAL ASSESSMENT ON CONTIGUOUS PROPERTY FOR BENE- FITS BY REASON OF THE LOCATION OF PARKS AND BOULEVARDS AND TO MAKE NECESSARY CHANGES IN THEIR LOCATION. . [APPROVED JUNE 16, 1871. IN FORCE JULY 1, 1871.] Section 1. Park Commissioners corporate {i,uthori- ties. That persons who have been appointed or otlier- wise selected, as Commissioners or officers under and in ]jiirsuance of lany act or acts of the General Assembly of this State which has or have been submitted to the legal voters of one or more towns, and by them respec- tively adopted, for the purpose of locating, establishing, enclosing, improving or maintaining any public park, boulevard, driveway, highway or other public work, or improvement, are declared to be corporate authorities of such towns for the purposes named in such act or acts; whether such persons are authorized to discharge the duties imposed upon them as a corporation or other- wise. Sec. 2. New bonds issuable for old park bonds. Corporate authorities of towns who have been author- ized by law to issue bonds for the purpose of establish- ing, inclosing, improving or maintaining any public park, boulevard, driveway, highway, or other public work, or improvement in such towns, may issue new bonds, payable not more than twent}^ years from the date thereof, and the same exchange for bonds issued by such corporate authorities for the same purpose. STATUTES. 19 The said corporate aiitliorities may purchase any bonds issned by them, at any rate not exceeding the par value thereof, and issue in lieu of the same, bonds payable as aforesaid; such new bonds shall be issued under the seal of said corporate authorities, if they have one, and shall be signed by them and countersigTied by their Secretary, if they have one, and bear interest not ex- ceeding seven per cent, per annum, payable semi-an- nually; and the principal and interest may be made payable at any place or places, within or without this State. The said bonds shall also contain a provision securing to said corporate authorities the right, if the said bonds or a sufficient number of them, cannot be purchased at not exceeding one per cent, above the par value thereof, for the yearly sinking fund hereinafter provided, to pay and retire at the end of each year after the date of said bonds, or so soon thereafter as due notice shall have been given, such number of the same, as may be necessary for that purpose, to be selected by lot by said corporate authorities, in the manner herein- after provided. It shall l)e the duty of said corporate authorities to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and said register shall, at all times, be open to the inspection of the public. The public park, boulevard, driveway, highway, or other jniblic work or im])rovement, on account of which said bonds may be issued, shall be irrevocably pledged for the payment of the principal and interest thereof, and the town in which such public park, boulevard, driveway, highway, or other public work or improvement are in whole or in part situated, shall also be irrevocably bound for the pa^inent of the same. Bonds issued under this act 20 STATUTES. may be exclianged as aforesaid, or sold by said corpo- rate authorities for siicli prices as they may deem ex- pedient, ])iit the proceeds of bonds sold shall only be nsed for the payment or purchase of outstanding bonds which cannot be exchanged. The bonds received in exchange or purchased as aforesaid shall be cancelled, whereof an entry shall be made upon the bond regis- ter of said corporate authorities, showing the date, number and amount of each bond cancelled; and no bonds sliall be issued under this act exceeding the amount already issued, nor contrary to the provisions of section twelve, article nine, of the Constitution of this State, nor until provision is made by law for the collection of a direct annual tax sufficient to pay the interest on such bonds as it falls due, and also to pay and discharge tlie principal thereof on or before the time when the same shall liecome due. And whenever any provision has been made by any act or acts of the general assembly of this State for the assessment and collection of an annual tax in order to pay the interest on bonds issued by said corporate authorities, the pro- visions of said act or acts are hereby continued and extended, so as to require the assessment and collection of said annual tax, not only for the purpose of said act or acts named, but for the payment of the interest on any bonds which may be issued under this act, and to provide for the annual payment of a part of the princi- pal thereof. Officers collecting said annual tax are re- quired at the end of each month, to pay to said corpo- rate authorities, so much of said tax as has been col- lected, and for collecting and paying over of said an- nual tax, no compensation shall be allowed except the salarv allowed h\ law to the collector thereof: and if. STATUTES. 21 for any cause, any portion of said annual tax required to be assessed and collected as aforesaid, shall for any one or more years fail to be collected, the said corpo- rate authorities are required to add such deficiency or deficiencies to the amount required to be assessed in {he succeeding year or years, and the amount of such deficiency or deficiencies shall be by the proper officers assessed and collected in the same manner as said an- nual tax, and as a part thereof. The said corporate authorities are required to cause said tax and any deficiencies occurring as aforesaid, to be assessed and collected as required by law, and to apply sufficient thereof from time to time to pay the interest upon said bonds issued, and which may be issued as the said in- terest shall fall due. And at the end of the year after the date of any l>onds issued under this act, and of every year thereafter, the said corporate authorities shall, from the proceeds of said annual tax, set apart not less than three and one-fourth per cent, of the whole amount of bonds issued under this act, and a sum equal to the annual interest on said sum at the rate of interest borne by said bonds ; which sum shall be applied by said corporate authorities in the pur- chase of bonds issued by them, if the same can be obtained at not exceeding one per cent, above the par value thereof; and if the said corporate authorities cannot obtain said lionds or sufficient of them to ab- sorb said fund at that price, then fi\)m the outstanding bonds issued under this act, and not theretofore se- lected, shall be selected by lot, so many thereof, as may be required to absorb the funds so set apart for a sinking fund. The said selection shall be made by said corporate authorities at the end of each succes- 22 STATUTES. sive year after the date of said bonds, or within one month thereafter, in the presence of one of the Judges of the Circuit Court of said county, who with said corporate authorities shall make and sign duplicate certificates of the result thereof, one of which shall be filed in the office of the said corporate authorities, and tlie olher in the office of the County Clerk of said county. Notice of said election and of the numbers of the bonds so selected, shall be forthwith given by said corporate authorities in one or more newspapers pub- lished in said county and in the City of New York, and if the owners of said bonds shall be registered, notice to such owners shall also be given by letter mailed to the address of such owner at his place of residence, if knov^n or shown upon said register. The interest on bonds selected by lot, as aforesaid, shall cease from and after the time when the semi-annual interest on the same shall fall due next after the said selection i^ made; and, from the sums so set apart for a sinking fund, shall be paid the bonds so selected by lot as aforesaid, with interest until payment, or until the sanle shall cease as aforesaid. The funds so set apart for a sinking fund shall not be used for any purpose other than purchasing bonds to be cancelled, and pay- ing bonds selected as aforesaid for the same purpose. The bonds so selected when paid, and the bonds pur- chased, shall be cancelled, a certificate whereof, stat- ing the number, date and amount of said cancelled bonds, shall from time to time be made by said corpo- rate authorities, and filed in the office of the County Clerk of said county. Sec. 3. Assessment, proceedings thereon. Corpo- rate authorities of one or more towns wlio have been STATUTES. 23 authorized to make, estalilish or niaintnin any local im- provement, ill whole or in ])art, by special assessment or special taxation of contiguous property, or other- wise, ma}^ estimate as near as may be the probable cost of the lands, taken or to be taken or purchased for such improvement, or revise, enlarge and correct any estimate theretofore made, and make a new one of the same, and of the expenses of obtaining said lands, togeflier with the cost of making and collecting a special assessment to pay the cost of said lands and expenses, and shall apportion the estimated costs of said lands, expenses and the cost of assessment as aforesaid, upon the lands situated in said towns, by said corporate authorities deemed benefited by reason of said local improvement, as near as may be, in pro- portion to the benefit resulting thereto. And if said corporate authorities shall not deem the lands in said towns benefited to the full extent of the estimated cost of the lands, taken or to be taken or purchased as aforesaid, and the costs and expenses aforesaid, then the said corporate authorities shall in like manner apportion so much thereof as they shall deem the lands in said town benefited. The said corporate au- thorities shall give at least ten days notice in one or more newspapers published in the county in which such to\\nis are situated, of the time and place of their meeting for the purpose of making said assessment, and may adjourn such ineeting from time to time, until the same shall be completed. In making the said assessment, the lots, blocks and parcels of land deemed benefited, as aforesaid, shall be assessed, according to the descriptions and divisions thereof appearing of record in said county, on the day 24 STATUTES. of the said first meeting, for tlie purpose of making the said assessment ; but no error in the description or di- vision of any lot, block or parcel of land, in making said assessment, shall vitiate the same, provided the premises are described with substantial accuracy. The said corporate authorities shall estimate tlie value of the several lots, blocks or parcels of land deemed by them l)enefited as aforesaid, and shall include the same, together with the amount assessed for benefits, in an assessment book or roll. All parties interested may apjiear before said cor|)orate authorities, and may be heard touching any matter connected with the assessment. When the same shall be completed it shall be signed by the said corporate authorities, or by a majority thereof, and returned to the C^ircuit Court of the county in which such towns are situated, and filed with the clerk of said court, — whereupon the said corporate authorities shall give at least ten days' notice of the filing of said assessment roll, and that they will on a day named, apply to the said Circuit Court for con- firmation of the same. Said notice shall be sigiied by said corporate authorities, or by a majority of them, and shall state the general nature of the improvement for which said assessment was made, and the towns, township, range and section in which the same -is situ- ated, without further description of its locality; and shall also state when the said assessment was filed in said court and the day when the said corporate author- ities will apply to said court for confirmation of the same; but said notice need not contain a description of the lots, blocks or parcels of land assessed, nor tlie amount assessed upon them, or any of them, nor men- STATUTES. 20 tion any particular law or laws of the State under which said assessment was made; which said notice shall he pnhlished in one or more newspapers pnh- lished in the county in which said towns are situated, at least ten days before the time therein named for such application. When it shall appear to said court that proper notice has been given, it shall have power to hear, adjudge and determine the matter of said ap- plication, and all matters connected therewith. Any person interested in any lot, block or parcel of land assessed, may appear therein, in person or by at- torney, and ol)ject to said assessment: Provided, All objections shall be in writing and be filed in said court at least three days before the time fixed for said application, and shall specify the lots, blocks or parcels of land wherein the said person objecting is interested, in respect whereof objections are made, and the grounds thereof; said court shall have power to revise, correct, amend and confirm the said assessment, in whole or in part, and may, without further notice or order, make a new assessment in whole or in part, and the same confirm, or may order a new assessment to be made in whole or in part, and the same may revise, correct, amend and confirm upon like notice as aforesaid, or upon such notice as it may pre- scribe, but no order to make a new assessment in part shall hinder or delay the confirmation of the residue, or the collection thereof. From and after the time the amount of any assessment shall be ascertained and con- firmed by said court, as to any lot, block or parcel of land so assessed, the amount thereof shall be a lien thereon, and may be ])aid at any time. The said court shall divide the amount of said assessment into install- 26 STATUTES. ments, and fix the amount of the first instaUment, but the first instalhnent shall not exceed twenty-five (25) per cent, of the said assessment. The portion of said assessment, after deducting therefrom said first installment, shall l)e divided by the court into seven equal installments, which said install- ments shall be payable annually thereafter, and the court shall fix the time on or before which each of said installments shall severally be paid. All installments shall bear interest at the rate of seven per cent, per annum from the time on or before which the payment of the first one is to be made. The said corporate au- thorities, or their officer, from time to time duly au- thorized by them, and to be mentioned in some order or orders of said court, which it may from time to time make, shall have full power and authority to collect such assessment from the owners of such lands, and to give all proper receipts and discharges therefor. The orders of said court shall be conclusive evidence of the regularity of all previous proceedings necessary to the validity thereof, and of all matters and things therein recited as having been heard and adjudged by said court. It shall be the duty of the clerk of said court to enter in said assessment book or books, or upon said assessment roll, all revisions, corrections and amendments of such assessment, and all new assess- ments made by the court, and all revisions, corrections and amendments of the same, and all orders for new assessments and all new assessments made in pursu- ance of such order, and all revisions, corrections and amendments of the same, together with all orders of the court in said proceedings. The said corporate authorities are required to fu]-- STATUTES, 27 nisli lO the clerk of said court a duplicate co})y of said assessment book or books, or roll, wherein shall be en- tered from time to time by said corporate authorities the several matters and things entered in said original assessment book or books, or upon said original assess- ment roll, which duplicate and the entries thereon, shall from time to time, as they are made, be certified by the clerk of said court, under the seal thereof, as a true copy of the original, and such duplicate copy of the assessment book or books, or roll, certified as afore- said, shall be sufficient authority to said cor})orate au- thorities, or to their officer designated therein, to collect any assessment therein confirmed as aforesaid, and to receipt for and discharge the same. It shall be tli3 duty of the officer having the custody of said original assess- ment book or books, or roll, to enter thereon from such receipt or discharge the fact of such payment, whicli entry shall be evidence of the same. After the proceed- ings in the said Circuit Court shall be finally concluded and terminated, it shall be the duty of the clerk there- of to deposit said original assessment book or books, or roll, and all proceedings relative to the same, duly entered as aforesaid, and properly certified, Avith the County Clerk of the county in which such towns are situated. In case said assessment, or any part thereof, so con- firmed as aforesaid, shall not be paid at the time or times fixed therefor by the orders of said Circuit Court, it shall be the duty of the corporate authorities to re- turn to the County Treasurer, or to some general officer of said county having authority to receive State anrl county taxes, a list of the lots, blocks and parcels of land so assessed, upon which said assessment shall re- 28 STATUTES. main unpaid, and the amount uni)aid upon each k:>t, l)]ock or parcel of land, and from and after the return of such delinquent list, the said County Treasurer or other general officer of said county having authority to receiv^e said State and county taxes, as well as said corporate authorities, or their officer, shall have author- ity to receive any of said unpaid assessments, and to give all proper receipts and discharges therefor. It shall also he the duty of said corporate authorities to make and certify to the County Court in which sucli towns are situated a return, therein designating the said delinquent lands and the duo and unpaid assess- ments against the same; and thereupon the said cor- porate authorities shall give notice by publication in one or more of said newspapers, that they will, on a day in said notice named, a})p]y to said County Court for judgment against all delinquent lots, blocks or parcels of land u]ion which said assessment, or any part there- of, shall be unpaid. Such notice may be general, but must contain a description of the lots, blocks or parcels of land and the names of parties interested, if known, and the amount due and unpaid, whicii notice shall be published in one or more of said newspapers at least ten chiys Ijefore the time fixed for making said applica- tion, and the said application may be made on the day named, or any day of the same term by the permission of said court. The said corporate authorities and the said County Treasurer, or other general officer of said county, to whom said delinquent list shall have been returned, shall respectively report to said court tlie respective lots, blocks and parcels of land upon which said assessment has been paid to them respectively, after the return of said delinquent lists as aforesaid. STATUTES. 29 And thereupon such proceedings, orders and judgments shall be had, as nearly as may be, as in cases of delin- (]uent lands whereof judgment is prayed for the non- payment of State and county taxes; and the said judg- ments shall be conclusive of the regularity of all mat- ters necessary to the validity thereof, excepting the giving of said notice of the application for judgment. After said notice for application for judgment shall have been published, the cost of publication shall be added to the assessment, as in the case of State and county taxes. After judgment shall have been ren- dered, the same shall be executed in the same manner, as nefirly as may be, as is or may be provided by law for executing judgments for State and county taxes ; but no judgment or sale of any lot, block or parcel of land so assessed for any one installment of said assessment, shall discharge the premises from any subsequent in- stallment of the assessment, and proceedings for the non-payment of subsequent installments may be had in the same manner as if no default had been made in previous ones. All moneys collected by said treasurer or otlier general officer of said county, and all moneys realized from the sales of said lands upon judgments as aforesaid, shall at once be paid over to said corpo- rate authorities, who shall execute a proper receipt therefor. The said County Treasurer or other general officer shall not be entitled to any compensation for receiving and disbursing of moneys by him under this act, or for services rendered b}^ him as herein required, except the salary allowed him by law. Any and all moneys collected and obtained upon or out of said as- sessments, may be applied by the said corporate au- thorities to and for any of the uses and purposes named 30 STATUTES. or intended by tlie act or acts under which they are organized. And if the proceeds of said assessment shall amount to a greater sum than the cost of the lands, expenses and cost of assessment and collection as afore- said, the overplus shall be applied by said corporate au- thorities toward making the improvement which they are authorized to make: Provided, that such excess shall not exceed the sum of twenty-five thousand doi- lars. If it exceeds that sum, then and in that ease it shall be refunded pro rata to the j^arties paying such assessment. Any and all such corporate authorities as aforesaid may avail themselves of the provisions and privileges of this act, notwithstanding any provisions in the several acts creating them. Sec. 4. Altering location or boundaries — Damages. Corporate authorities of towns having the con- trol or supervision of any public park, boulevard, drive- way or highway, which has been located in pursuance of a vote of the people of such towns, desiring to alter or change the location of the same, or of any part thereof, or of any of the boundary lines of the same, may, by petition, in writing, apply to the Circuit Court of the county in which such towns are situated, for leave to make such alteration or change. Notice of such application shall be given by said corporate au- thorities in some newspaper published in said county, at least ten days before the day named therein when said application will be made. All persons interested may appear before said Circuit Court, either in per- son or by attorney, when said application shall be made, and object to the granting thereof. After hear- ing all persons interested, if said court shall deem the granting of said application to be for the pu1>- STATUTES. 31 lie interest, it shall make an order granting to said corporate authorities leave to make such alteration or change, or such part thereof, as it may deem for the public good, and granting power to acquire by purchase or under any law of the State for acquir- ing lands for public use, such additional lands as such. change or alteration may, in the judgment of said court, render necessary; and if by reason of any such change or alteration, any parcel of land shall no longer be deemed necessary or useful for the purpose of said park, boulevard, driveway or highway, the said court may direct the same to be sold and conveyed for the use of said park upon such terms and conditions as it may think proper. Damages sustained by any per- son injuriously affected by reason of any such chang*^ or alteration, shall be ascertained and paid in the same manner as in other cases of the exercise of the right of eminent domain. The said corporate authorities shall make, acknowledge and file for record in the office of the recorder of deeds for such county a map showing any change or alteration made under any order of court, as aforesaid ; Provided, that no application shall be made under or by virtue of this section after the first day of July, A. D. one thousand eight hundred and seventy-two, nor shall any change be made affect- ing the general location of any such park after said date. Sec. 5. Application of surplus funds — Report. When any town, towns or corporation is subject to taxation or special assessment for the improvement of any park or parks, approached or connected by boule- vard or boulevards, the money so raised by taxation or special assessment remaining unexpended after de- 32 STATUTES. fra^'ing the expense for improving the boulevard or l)onlevards (the money so raised by taxation or special assessment remaining unexpended after defraying the expense for improving the boulevard or boulevards) to said park or parks, shall be expended upon the parks (if more than one) in said town, towns or corporation, pro rata, according to the number of acres in each, un- less already sufficiently improved, and it is hereby made the duty of the Board of Commissioners of any park or parks to cause the money to be so expended. The Commissioners having in charge the maintenance and improvement of any public park, or parks, boule- vard, driveway, highway or other public improvement under or by virtue of this act, shall, on the first day of December, A. D. one thousand eight hundred and sev- enty-one, and annually thereafter, submit to the Board of County Commissioners or Board of Supervisors in the county in which the same may be located, a writ- ten or printed report of all their acts and doings in re- lation to the parks and other improvements under their supervision or control. Sec. 6. All laws and acts inconsistent with this act are hereby repealed. STATUTES. 66 AN ACT TO ENABLE PARK COMMISSIONERS OR CORPO- RATE AUTHORITIES TO TAKE, REGULATE, CONTROL AND IMPROVE PUBLIC STREETS LEADING TO PUBLIC PARKS; TO PAY FOR THE IMPROVEMENT THEREOF, AND IN THAT BEHALF TO MAKE AND COLLECT A SPECIAL ASSESSMENT, OR SPECIAL TAX ON CON- TIGUOUS PROPERTY. [APPROVED AND IN FORCE APRIL 9, 1879.] Section 1. Drive to public parks — Powers of Park Commissioners over streets, etc. That every Board of Park Commissioners shall have power to connect any public park, boulevard or driveway under its control with any part of any incorporated city, town or village, by selecting and taking any connecting street or streets or part thereof leading to such park; and shall also have power to accept and add to any such park, any street or part thereof which adjoins and runs paral- lel with any boimdary line of the same. Provided, that the streets so selected and taken, so far as taken, shall lie within the district or territory the property of which shall be taxable for the maintenance of such parks : And provided further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in w^riting of the owners of a majority of the frontage of the lots and lands abutting on such street or streets so far as taken, shall be first obtained : And jorovided further, that every Board of Park Com- missioners who shall have exercised the power herein- al30ve granted to select and take streets or parts of streets for the purpose of connecting any public park, boulevard or driveway under its control with any part of any incorporated city, town or village, shall have 3-1 STATUTES. the power to abandon and surrender over any street or part of any street forming the whole or any part of such connection so made, to the proper corporate au- thorities of the city, village or to^ni respectively, to which the control of any such street or part of a street so abandoned would revert, and for the purpose of connecting the same points or of making any portion of such connection, to select and take in place of any streets, street or part of a street so surrendered, any other and different streets, street or part of a street, which may be desirable and expedient for making the said connection; but such power shall only be ex- ercised u]3on the consent first obtained of the proper corporate authorities to whom the control of the streets, street or parts of a street, so far as aban- doned would revert, and of the proper corporate au- thorities having control of the streets, street or part of a street, so far as proposed to be taken, and upon the consent in writing first obtained of the owners of a majority of the frontage of the lots and lands abut- ting on the streets, street or part of a street so far as abandoned, and upon the consent in writing first ob- tained of the owners of a majority of the frontage ot the lots and lands abutting on the streets, street or part of a street, so far as proposed to be taken. [As amended by act approved June 17, 1895. In force July 1, 1895.] Sec. 2. Taxes — Special assessments, etc. That such Park Commissioners, or such corporate authorities as are by law authorized to levy taxes or assessments for the maintenance of such parks, shall have power to improve, maintain and repair such street or streets STATUTES, 35 ill such manner as they may deem best, and for that purpose they are herel)y authorized to pay for the im- provement thereof, and from time to time to levy or cause to be levied and collected a special tax or assessment on contiguous property abutting upon such street so improved for a sum of money not exceeding the estimated cost of such first improvement or im- provements, as shall be ordered and estimated by such Board of Park Commissioners, but not for any subse- quent, care, maintenance or repair thereof ; and to that end such board or corporate authorities shall have all the power and authority now or hereafter granted to them respectively, relative to the levy, assessment and collection of taxes, or assessment for corporate purposes; and such special tax or assessments as are hereby authorized may be divided into not exceeding four annual instalhnents, bearing interest at the rate of six per cent, per annum from the date of confirma- tion until paid; and the assessment or installments thereof shall be collected and enforced in the same manner as is provided by law for the collection and enforcement of other taxes or assessments for, or on account of such corporate bodies or boards, as afore- said, so far as the same are applicable. [As amended by act approved June 16, 1887. In force July 1, 1887.] Sec. 3. Control by Park Commissioners. Such Park Board shall have the same power and control over the parts of streets taken under this act, as are or may be by law vested in them of and concerning the parks, boulevards or driveways under their control. Sec. 4. Reversion to corporate authorities — When. In case any such streets or parts thereof, shall pass 36 STATUTES. from the control of any such Park Board, the power and authority over the same, granted or authorized by this act shall revert to the proper corporate author- ities of such city, town or village, respectively, as aforesaid. Sec. 5. City, etc., may grant control to Park Com- missioners. Any city, town or village in this State, shall have full power and authority to invest any of such Park Boards with the right to control, improve and maintain any of the streets of such city, town or village, for the purpose of carrying out the provi- sions of this act. Sec. 6. Emergency. Whereas, there is a necessity for the immediate construction of the improvements contemi^lated in this act, therefore an emergency ex- ists and this act shall take effect and be in force from and after its passage. AN ACT ENTITLED "AN ACT TO ENABLE PARK COMMIS- SIONERS HAVING CONTROL OF PARKS TO TAKE, REGU- LATE, CONTROL AND IMPROVE PARKS NOW UNDER THE CONTROL OF INCORPORATED CITIES, VILLAGES OR TOWNS." [APPROVED AND IN FORCE APRIL 11, 1SS5.] Section 1. Transfer authorized — Consents. That every Board of Public Park Commissioners shall have the power to take under its control, and to regulate, control and govern, in the same manner as it may govern other parks or boulevards under its control, any public park now under the control or jurisdiction of any incorporated city, town or village : Provided, that the park so taken shall lie within the district or territory, the property of which shall be taxable for STATUTES. O ( the luaintenauce of the parks or boulevards under the control of any snch Board of Park Commissioners: And, i^rovided further, that the consent of the author- ities of any cit}^, town or village having control of the park so to be taken, and also the consent, in writing, of the owners of a majority of the frontage of the lots and lands abutting on the x>ark so to be taken, shall be first obtained. Sec. 2. Power of Park Commissioners. Such Boards of Park Commissioners shall have the same power and control over the parks taken under this act as are, or may be by law vested in them, of and con- cerning the parks, boulevards or driveways now under their control. Sec. 3. Reversion to corporate authorities. In case any such parks so to be taken shall pass from the control of any such Park Board, the power and author- ity over the same, granted or authorized by this act, shall revert to the proper authorities of such city, town or village, as the case may be, as aforesaid. Sec. 4. Power of city or village. Any city, town or village in this State shall have full power and au- thority to vest any such Board of Public Park Com- missioners with the right to control, improve and main- tain any such park within the district over which such Board of Park Commissioners has jurisdiction for the purposes of carrying out the provisions of this act, in accordance with its intent. Sec. 5. Emergency. Whereas, public policy re- quires that, so far as practicable, there should be, with- in the jurisdiction of such Park Boards, but a single authority over the parks lying within such districts re- do STATUTES. speetivel.y; therefore, an emergency exists for the pas- sage of this act, and the same shall take effect and be in force from and after its passage. AN ACT TO ENABLE PARK COMMISSIONERS TO CONDEMN LAND IN CERTAIN CASES FOR THE PURPOSE OF MAK- ING STREETS SELECTED AND TAKEN FOR BOULEVARDS OF UNIFORM WIDTH, AND TO PROVIDE FOR THE PAY- MENT OF THE SAME. [APPROVED JUNE 14, 1887. IN FORCE JULY 1, 1887.] Section ]. Power conferred. That in all cases where any Board of Park Commissioners has selected and taken any street or part thereof nnder the provi- sions of an act of the General Assembly entitled ''An act to enable Park Commissioners or corporate an- thorities to take, regulate, control and improve public streets leading to pnl)lic parks, to pay for the improve- ment thereof, and in that behalf to make and collect a special assessment or special tax on contiguous prop- erty," and any part or portion of said street so selected and taken has not been legally laid out or dedicated to the unifoi'in width of one hundred feet, the said Board of Park Commissioners shall have the power to widen said street or the part of said street so selected and taken to the uniform width of one hundred feet : Pro- vided, that some portion of each mile of said street, or the part thereof so selected and taken, shall be of the width of one hundred feet at the time of such selec- tion and taking. Sec. 2. Condemnation. Such Park Commissioners are hereby vested with power to take and acquire title to such pieces or parcels of land as may be necessary STATUTES. 39 for sueli widening, and may proceed to procure the con- demnation of the same in the manner prescribed in the act of the General Assembly entitled "An act to pro- vide for the exercise of the right of eminent domain." Approved April 10, 1872 ; the provisions of which said act are hereby extended to said Park Commissioners. Sec. 3. Assessment. Such Park Commissioners are hereby anthorized to levy, or cause to be levied and collected, a special assessment or special tax upon the contiguous property abutting on said street or part thereof so selected and taken for the purpose of raising the amount necessary to pay the compensation and damages for the said land necessary to be taken for such widening, with the costs of the proceedings ; and to that end they shall have all the power and authority now or hereafter granted to them relative to the levy, assessment and collection of taxes or assessments for corporate purposes. AN ACT TO ENABLE PARK COMMISSIONERS TO SELL LAND NO LONGER NEEDED EOR PARK PURPOSES. [AP- PROVED JUNE 16, 1S87. IN FORCE JULY 1, 1887.] Section 1 . Any Board of Park Commissioners hav- ing the control or supervision of any public park, boulevard, driveway or highway, and having any piece or parcel of land not exceeding one acre in area which shall no longer be needed or deemed necessary or use- ful for the purpose of said park, boulevard, driveway or highway, may apply to the Circuit Court of the county in which such piece or parcel of land is situ- ated, by petition in writing, for leave to sell the same. Notice of such application shall be given by said Board 40 STATUTES. of Park Commissioners in some newspaper published in said county at least ten days before the day named therein when said application will be made. All per- sons interested may appear before said Circuit Court, either in person or by attorney, when said applica- tion shall be made, and object to the granting there- of. After hearing all persons interested, if said court shall deem the granting of said application to be for the public interest, it shall direct that the property mentioned in said application, or any part thereof, be sold and conveyed by the said Board of Park Com- missioners for the use of said park, boulevard, drive- way or highway, upon such terms and conditions as the said court may think proper. AN ACT IN RELATION TO THE "WORLD'S COLUMBIAN EX- POSITION." [APPROVED AND IN FORCE AUGUST 5, 1S90.] Whereas, The Congress of the United States has passed an Act entitled "An Act to provide for the cele- brating the four hundredth anniversary of the discov- ery of America, by Christopher Columbus, by holding an international exhibition of art, industries, manu- factures, and the product of the mine and soil, in the City of Chicago, in the State of Illinois;" approved April 25, 1890, and Whereas, The people of the State of Illinois appre- ciate the honor conferred upon their State by the loca- tion of said international exhibition, now known as the ''World's Columbian Exposition," within its limits, and are in sympathy with the objects and purposes of said exposition, and desirous of contributing to the STATUTES. 41 success thereof by the adoption of legislation ancillary to the said Act of Congress aforesaid; now, therefore, Section 1. Use of lands authorized. Be it en- acted by the people of the State of Illinois, represented in the General Assembly: That there shall be, and is hereby, granted to the authorities having the charge and management of said World's Columbian Exposi- tion, the use and occupation of all lands, or right there- in, of the State of Illinois, whether submerged or other- wise, within the present limits of the City of Chicago, or adjacent thereto, which may be designated and se- lected by said authorities as the site or sites for the holding of said World's Columbian Exposition. The use and occupation hereby granted shall not continue longer than one year after the close of said exposition. And the use of any submerged lands wliich may be filled, or reclaimed under the provisions hereof, shall accrue to the City of Chicago, to be forever maintained as a public park; and when any part thereof is diverted to any other use, the title and possession to all of said lands shall revert to the State of Illinois. Sec. 2. Public grounds may be used — Consent — Easement — Damages. There is also hereby grant- ed to the authorities having the charge and man- agement of said World's Columbian Exposition, for such term as may be necessary for the accomplishment of the objects thereof, the use and enjoyment of any public grounds, or park grounds, and rights appur- tenant thereto, the title to, or control over which may be vested in the City of Chicago, the corporate authorities of the City of Chicago consenting thereto, with the right and authority to improve the same for the purposes of 42 STATUTES. the said World's Columbian Exposition, in such man- ner as to the said authorities shall seem necessary and expedient; and in case improvements of a permanent character, enlarging said public grounds, shall be made for the accommodation of said World's Columbian Ex- position, all such enlargements shall, at the expira- tion of the term herein limited, remain a part of said public grounds, without prejudice to any private rights therein as the same existed prior to the passage of this act; Provided, that the buildings erected upon said public grounds, or any enlargement thereof, may be removed and disposed of by the authorities erecting the same mthin one year from and after the close of said exposition, unless otherwise arranged and agreed be- tween the corporate authorities of said City of Chicago and the authorities who erected the same; and. if the said City of Chicago shall agree to purchase said build- ings, said authorities shall not ask or obtain from said city for said buildings a sum greater than the actual cost of building the same. If any owners of any lands or lots abutting or front- ing on any such public grounds, or park grounds, or ad- jacent thereto, shall have any private right, easement, interest or property in such public or park grounds ap- purtenant to their lands or lots, or otherwise, or any right to have such public or park grounds remain open or vacant and free from encroachment, the Attorney General, or the State's Attorney of Cook County, may, at the request of the authorities having the charge and management of said World's Columbian Exposition, apply to the Circuit or Superior Court of Cook County, or to any judge of either of said courts in vacation, by filing with the Clerk of the Court a petition in the name STATUTES. 43 of the people of the State of Illinois, praying that the ooni]iensation to be paid for such right, interest, ease- ment or property, or for any interference with or dam- age thereto, for the term hereinafter mentioned, ma}^ be ascertained by a jury. Such petition and all pro- ceedings in relation thereto shall l)e, as nearly as may be, as prescribed by an act entitled "An act to provide for the exercise of the right of eminent domain," ap- proved April 10, 1872. Xo private right, interest, ease- ment or property shall be taken or condemned, as afore- said, for a longer term than may be necessary for the accomplishment of the objects and purposes of the World's Columbian Exposition, such term not to ex- ceed live years. The compensation for the same, when ascertained by a jury as aforesaid, shall be paid by the said authorities having the charge and management of said World's Columbian Exposition. Upon the expira- tion of the term for which such right, interest, ease- ment or property shall have been taken or condemned, as aforesaid, the same shall immediately revert to the owners thereof, or their privies in law or in estate. Sec. o. Commissioners may allow use of parks. In case the site or sites for the holding of the said World's Columbian Exposition, as finally located and fixed by the authorities in charge thereof, shall in- clude the whole or anv part of any public park which is or may be under the control and management of Park Commissioners, then, and in that event, it shall be competent, and express authority for that purpose is hereby granted to the Park Commissioners having the control and management of such public park to al- low the use of the same, or any part thereof, for the purposes of said World's Columbian Exposition upon 44 STATUTES. such terms and conditions as may be agreed upon be- tween the said Park Commissioners and the authori- ties having the management of said exposition. Sec. 4. Park bonds — Vote. The said Park Com- missioners in the charge of the public grounds, or any part thereof designated and selected as the site of the whole or part of the said exposition, by the authori- ties in charge thereof, shall have and are hereby in- vested with full power and authority in their discre- tion to issue and sell interest bearing bonds to an amount not exceeding five hundred thousand dollars, the proceeds of said bonds so issued to be used and ap- plied in improving the grounds under their control selected as aforesaid for the use of said exposition, and authority is hereby expressly granted to the Park Commissioners issuing said bonds to levy and collect a direct annual tax upon the property within their jurisdiction sufficient to pay the interest on said bonds as it falls due, and also to pay and discharge the prin- cipal thereof within twenty years from the date of issu- ing said bonds. All improvements made by the pro- ceeds of said bonds shall become a part of the public property to be held and controlled by the Park Com- missioners issuing said bonds. But the power herein granted shall not be exercised until the proposition to issue such bonds shall have been submitted to a vote of the legal voters of such park district and receive a ma- jority of the votes cast upon that proposition at such election. Public notice of the time and places for hold- ing such election shall be given by the Park Commis- sioners of such district not less than twenty (20) days before the day appointed therefor, by publication in STATUTES. 45 some newspaper of general circulation in said district, and by posting the same in at least ten of the most public places in said district, and the ballots shall read ''For issuing the bonds," or ''Against issuing the bonds." The said election shall be held, and the bal- lots cast shall be counted, and the returns thereof be canvassed by the same officers and in the same manner as in the case of election of county officers within said district. Sec. 5. Emergency. Inasmuch as it is important and necessary that prei^aration for the holding of said World's Columbian Exposition should be pro- ceeded with at once, it is therefore declared that an emergency exists, and that this act shall take effect and be in force from and after its passage. AN ACT CONCERNING MUSEUMS IN PUBLIC PARKS. [AP- PROVED JUNE 17, 1893. IN FORCE JULY 1, 1893.] Section 1 . Museums in public parks — Their erection and use — Condemnation. That the corporate author- ities of cities and park districts having the control or supervision of any public park or parks, are hereby authorized to purchase, erect and maintain within any public park, under the control or supervision of such corporate authorities, edifices to be used as museums for the collection and display of objects pertaining to natural history' or the arts and sciences, or to permit the directors or trustees of any museum devoted to either of the purposes aforesaid, now located in any public park under the control or supervision of any city or park district to erect and maintain its museum or museums within any public park now or hereafter 46 STATUTES. under the control or supervision of any eity or park district, and to contract with the directors or trustees of any such museum or museums relative to the erec- tion and maintenance thereof. Such cities and park districts may charge, or permit said museums to charge an admission fee, not to exceed 25 cents for each vis- itor over ten years of age, and not exceeding 10 cents for each visitor of ten years of age and under, the pro- ceeds of such admission fee to he devoted exclusively to the maintenance of such museums. Provided, that all such museums shall be open to the public without charge for three days each week, and to the children in actual attendance upon any of the schools, in this State, at all times. If any owner or owners of any lands or lots abutting or fronting on any such public l^ark, or adjacent thereto, have any private right, ease- ment, interest or property in such public park appurte- nant to their lands or lots, or otherwise, which would be interfered Avith by the erection and maintenance of any museum as hereinbefore provided, or any right to have such public park remain open or vacant and free from buildings, the corporate authorities of the city or park district, having control of such park, may condemn the same in the manner prescribed in an act of the General Assembly entitled, "An act to provide for the exercise of the right of Eminent Do- main," approved April 10, 1872, in force July 1, 1872, and the amendments thereto, [As amended by act ap- proved May 14, 1903. In force July 1, 1908.] Sec. 2. Levying a tax for maintaining. That any Board of Park Commissioners, having control of a puljlic park, within which there shall be maintained STATUTES. 47 any museum or miisemns of art, sciences or natural history, under the provisions of this act, is hereby authorized to annually levy a tax (in addition to all other taxes authorized by law) of one-half mill on each dollar of taxable property embraced in said dis- trict, acording" to the valuation of the same as made for the purpose of State and county taxation by the general assessment last preceding the time when such one-half mill tax shall be levied for the purjDose of maintaining and caring for such museum or museums, and the Imildings and grounds thereof; and the pro- ceeds of such additional tax shall be kept as a sepa- rate fund : Provided, the proposition to annually levy a tax as herein authorized shall first be submitted to a vote of the legal voters of such park district and receive a majority of the votes cast upon such j)ropo- sition. [As amended by act approved May 14, 1903. In force July 1, 1903.] AN ACT TO ENABLE PARK COMMISSIONERS OR PARK AUTHORITIES TO TAKE, REGULATE, CONTROL AND IM- PROVE PUBLIC STREETS, AND TO PAY FOR THE lU- PROVEMENT THEREOF. [APPROVED JUNE 21, 1895. IN FORCE JULY 1, 1895.] Section 1. Streets taken by Park Commissioners, etc. That every Board of Park Commissioners or park authorities shall have power to connect any public park, boulevard or driveway under its control with any part of any incorporated city, town or village (?) by selecting and taking any connecting street or streets, or parts thereof, leading- to such park, boulevard or driveway, and shall also have power to accept and add to any parks or park under their control any street or 48 STATUTES. parts thereof which adjoins or runs parallel with any boundary line of the same. Provided, that the streets so selected and taken, so far as taken, shall lie with- in the district or territory, the property of which shall be taxable for the maintenance of such parks, boule- vard or driveway. And, provided further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing of the owners of a ma- jority of the frontage of the lots and lands abutting on such streets, so far as taken, shall be first ob- tained. Sec. 2. Special taxes — Special assessments. That such Board of Park Commissioners or park authorities shall have power to improve such street or streets, or parts thereof, in such manner as they may deem best and as they have or may hereafter have power to im- prove other streets under their control, and for that purpose they are hereby authorized to pay for the im- provement thereof by levying, assessing and collecting a special tax on contiguous property abutting on said street or streets, or parts thereof, so improved, or a special assessment on property benefited, in the man- ner in which said Board of Park Commissioners or park authorities are now or may be hereafter empow- ered by law to levy, assess and collect special taxes on contiguous property or special assessments for benefits in other cases, or to pay therefor by general taxation, or both; but no such special tax or special assessment shall be levied for the maintenance and repair of such improved street ; but the same shall be maintained and repaired by said park boards or park authorities, as in other cases. And such special taxes or special as- STATUTES. 49 sessments as are hereby authorized may be divided into not exceeding four annual instaUments, bearing six per cent, per annum interest from the date of con- firmation thereof by tlie court until paid, and the same shall be collected and enforced in the same man- ner as is or may hereafter be provided by law for the collection and enforcement of other special taxes or special assessments, for or on account of said Park Commissioners or park authorities, so far as the same is applicable. Sec. 3. Control by Park Commissioners. Such park boards or park authorities shall have the same power and control over the streets or part of streets so selected and taken, under this act as are now or may be hereafter vested in them, over and concerning parks, boulevards or driveways or other streets. Sec. 4. Reversion. In case any such streets or parks thereof shall pass from the control of any such Park Commissioners or park authorities, the power and authority over the same, granted or authorized by this act, shall revert to the proper corporate author- ities of such city, town or village respectively, as afore- said. Sec. 5. Municipality may vest control in Park Commissioners. Any incori3orated city, town or vil- lage in this State shall have full power and authority to invest emj of such Park Commissioners or park au- thorities with the right to control, improve and main- tain any of the streets of such city, town or village, for the purpose of carrying out the provisions of this act. Sec. 6. Streets already taken included. The pro- visions of this act, so far as the same applies to im- 50 STATUTES. proving, maintaining and repairing any street or streets, or parts thereof, and of the levy, assessment and collection of special taxes and special assessments, shall apply to any street or streets, or parts thereof, that have been heretofore selected and taken under the control of any Park Commissioners or park au- thorities, and to any such street or streets, or parts thereof, which, or portion of which, have not yet been improved by such Park Commissioners or park au- thorities. AN ACT TO ENABLE PARK COMMISSIONERS OR PARK AU- THORITIES TO MAKE LOCAL HIPROVEMENTS AND PRO- VIDE FOR THE PAYMENT THEREFOR. [APPROVED JUNE 24, 1895. IN FORCE JULY 1, 1895.] Section 1. Special assessments — Special taxes. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all and any Boards of Park Commissioners or park authorities now existing, or hereafter established for the purpose of locating, establishing, inclosing, improving or main- taining any public park, boulevard, driveway, highway or street, are hereby vested with power and authority to levy, assess and collect special assessments or spe- cial taxes on contiguous property, or general taxes, or both, or otherwise, for the purpose of improving any boulevard, highway, driveway or street which may be now or may hereafter come under their control in any manner whatsoever. Sec. 2. Powers additional to others. The power and authority hereby vested are hereby declared to be additional to and not in limitation of any power and STATUTES. 51 autliority lieretofore vested in said Park Commission- ers or park anthorities. Sec. 3. Assessment — How made. AVhenever any such improvement shall be determined upon by said Park Commissioners or park anthorities, they shall provide for the same by ordinance to be entered upon their records, and they shall by the same ordinance prescribe whether the same shall be made by special assessment or special taxation on contiguous property, or general taxation, or both, or otherwise. Sec. 4. Proceedings. When the ordinance under which said improvement is ordered to be made shall provide that such improvement shall be made by spe- cial assessment, the proceedings for the making and levying of the same shall be as i)rovided hereinafter in this act. Sec. 5. Character, etc., of improvements. Such ordinance providing for said improvement shall specify the nature, character, locality and description of such improvement. Sec. 6. Estimate of cost. The said Park Commis- sioners or park authorities shall make an estimate of the cost of the improvement contemplated by such or- dinance, including ]al)or, materials and all other ex- penses attending the same, and the cost of making and levying the said assessment, and shall enter a report thereof upon their records. Sec. 7. Order for proceedings in court. Upon such ordinance being passed, and said report made and recorded as aforesaid, said Park Commissioners or park authorities may order a petition to be filed by its secretary, or such other officer as it may direct, in the 52 STATUTES. Count}' Court of their county, for proceedings to assess the costs of such improvements in the manner pro- vided herein. Sec. 8. Petition. Said petition shall be in the name of said Park Commissioners or park authorities and shall recite the ordinance for the proposed im- provement, and such report of estimate of the cost tliereof, and shall pray that the cost of such improve- ment shall be assessed in the manner provided by law. Sec. 9. Assessment. Upon the filing of such peti- tion, it shall be the duty of said Commissioners or park authorities to estimate what proportion of the total cost of said improvement will be of benefit to the public and what proportion thereof will be of benefit to the property to be benefited, and apportion the same be- tween the district subject to the maintenance of the park or parks under the control of said Commissioners or park authorities, so that each shall bear its relative, equitable proportion; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement : Provided, no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually bene- fited. Sec. 10. Assessment roll. The said Commission- ers or park authorities shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land, and the amount assessed as special benefits thereto, and in which they STATUTES. 53 shall set down as against the said park district the amount they shall have found as public benefit, and they shall certify such assessment roll to the said court at least ten days before the first day of the term at which a final hearing thereon shall be had. Sec. 11. City special assessment law applicable. The remainder of the proceedings in respect to such special assessment shall be in accordance with Article IX of the act of the General Assembly entitled "An Act to provide for the incorporation of cities and vil- lages," approved April 10, 1872, and all acts amenda- tory thereof, so far as the same may be applicable; and all acts provided therein to be performed by the city or village shall be performed by the said Park Commissioners or park authorities, and all acts pro- vided therein to be performed by Commissioners to be appointed by the court shall also be performed by said Park Commissioners or park authorities; and where it is therein provided that the city council or the board of trustees, in case of a village, shall be named in any of said proceedings or notices or records relating there- to, the said Park Commissioners or park authorities shall be named instead; and like notices of said pro- ceedings shall be given and published by said Park Commissioners as is therein provided, and an affidavit of one or more of said Park Commissioners or park authorities of the giving of notices, and a certificate of publication of notice be filed as provided therein, and the same time shall be allowed for the filing of objec- tions to the confirmation on the part of parties inter- ested. Sec. 12. Hearing. Tn such proceedings the court 54 STATUTES. shall have the same powers and authority as is pro- vided in said Article IX for proceedings thereunder, and the hearing of the application for the confirmation of said assessment shall be had in the same manner, and appeals from any judgment entered thereon shall be taken to the same court and in the same manner as provided therein. Sec. 13. Roll and judgment — How certified. The said assessment roll and judgment thereon shall be certified to the officer of said Park Commissioners or park authorities authorized to collect said special as- sessment in the same manner as is provided in said Article IX; and a like notice shall be given by said collector, and said special assessment shall be collected in the same manner as provided therein, and a like re- port of delinquent list made to the general officer of the County authorized to collect State and County taxes, made u]) in the same manner as provided therein. Sec. 14. Application for judg-ment — What laws govern. Said general officer shall proceed to obtain judgment for said delinquent special assessment in the same manner and within and at the same time as is provided in said Article IX, and shall be governed by the same laws in respect thereto as is xirovided for therein. Sec. 15. Sales. Sales of property for unpaid de- linquent special assessments shall be made in the same manner as provided by said Article IX, and redemp- tion from said sales shall be made in the same manner and upon the same terms and payment of the same rates as are applicable to sales therein provided for; and officers resjiectively making collections of said STATUTES. 00 special assessmoiit, and inaldno- sales tliereunder, sliall be subject to tlie same rules, regulations, be entitled to the same compensation and subject to the same ])enal- ties as is provided foi- in said Article TX. Sec. ](). Park Commissioners may buy in. Park Commissioners or park authorities interested in the collection of any tax or assessment, may become a pur- chaser at any sale of real or personal property to en- force the collection of the same, and may, by ordinance, authorize and make it the duty of one or more officers, to be designated by them to attend such sales and bid thereat in behalf of said i)ark commissioners or ])ark authorities. Sec. 17. Supplemental assessments. Xew special assessments and sui^plemental si)ecial assessments may be levied and assessed in all cases where the same are or may be authorized in said Article IX, and the same shall be levied, assessed and collected as is above provided in cases of original special assessments, and all the provisioning of said Article IX for said new as- sessments, and supplemental assessments, shall api:)ly to such proceedings to be taken hereunder. Sec. 18. Contracts. All the provisions of said Article IX in resi:>ect to contracts for making any such improvement, and for the letting of such contracts, and in respect to the lien of said special assesments and as to the collection by suit of said special assessments, the dividing the same into installments, and interest thereon, and the collection thereof, the payments there- on, the notice thereof, the confirmation thereof and the payment of work done for such improvement, vouchers therefor and rights of all parties thereunder. ,)(i • si'.vrrTKs. the disposition of surplus moiioys nrisiiiii; from suoh spooinl nssossmonts, and tlio payments for compensa- tion in I'ondonmation proeeediuc:s and advancements lo ]viy for in'ivate property taken or damaged from the general fund of sneh city or village, shall each and all be applicable to snch proceedings taken by said park connnissioners or park anthorities. Sec. 19. Condemnation proceedings Special as- sessment. A\']ierever any snch Park Commisiouers or park anthorities shall be vested with ]Hnver to take or damage private property for any pnrpose whatever, and shall apply to any conrt for the pnrpose of making- just compensation therefor, they may tile in the same proceedings a supplemental petition praying for a spe- cial assessment for the pnrpose of raising the amount necessary to }^ay the compensation and daniages which may be or shall have been awarded for the property taken or damaged, with the costs of the proceedings; and theren]Hni the court shall have power to, and shall proceed as in other cases of special assessment provided for in said Article IX. and herein: Provided, that all the provisions of said article in reference to the pay- ment for lands to be taken or damaged, and the hearing by the conrt in respect to said payment, and in respect to ordering writs of possession or in dismissing such condenmation proceedings, shall be ap]>licable in snch ease. Sec. '20. New assessments. Where in any case snch Park BiKird or ]>ark authorities having authority to improve any street or streets, or parts thereof, and to }>ay for the improvement thereof by special assess- ment, and said improvement shall have been made or STATUTES. 57 partly eoinpletod and a special assessmont levied tliere- I'or shall Lave been set aside by a court of competent jurisdiction, or the provision in any ordinance for the l^ayment for said improvement by special assessment shall have failed or been declared void by any court of competent jurisdiction, then, and in any such case, the said Park (Joniiiiissioners or park authorities arc hereby vested with power to levy, ass(!ss and collect a new special assessment on i)ioperty benefited by said improvement or completed por- tion thereof, in the same manner as in other cases, and the lots, blocks, tracts or parcels of land found benefited by said improvement (»r the completed portion thereof, shall each severally b(i lia- ble to pay for said benefits to the same extent and in the same proportion as in other cases: Provided, that the provisions and all proceedings in respect to such new assessments shall relate to and be in force in all cases in which at the time of the passage of this act w^ork has been completed or partially completed under any special assessment j^roceedings or attempted spe- cial assessment proceedings heretofore levied, or col- lected, or attempted to Ijc levied and collected by any such Board of Park Commissioners or park author- ities ; and, provided further, that such new assessments in such cases shall be levied within seven years from the date of confirmation or attempted confirmation of such original proceedings. Sec. 2]. Proceedings for new assessment. In such proceedings for any new assessment it shall be the duty of the said Commissioners to credit on the assess- ment roll, at or before filing the same in court, all pay- ments that may have been made on any previous as- sossmont. ov installments thorool', t\>r said ini|>n>vo- nienl. 1>> , tor. ov on account of any lot, block, trai't or jiari'ol (>(' lanil assossoil thoroin, wliotlior paid 1)\ sale tliorot)!' or otluM-\viso; and any t)l)ji>ctions to tlu' con- lirniation of sni'li asscssniont roll sliall include objec- tions io tlie allowance oi' credits as ai>])ears by said as- sessment roll, if any there be. Sei'. --. What ordinance shall provide. WIumi the cn'dinaiu'c under which said improNciUiMits art^ or- dcriHl io be nuule shall ])rovid(^ that such im]>ro\-enient shall be made l>y special taxation of contiiiuous prop- erty, the same slmll be levied, assessed and collected in the way ]>rovided in the siH'tions o[' this act i.)ro\idinir for the mode o\' makinu', levyinu'. assessing and ct>llect iuii' s])in'ial assessments. AX ACT rO I'.XAIU.F. PAI^IK COM MISSIOXI-KS TO Al.Tl-R OR ENLARGE PARK SVSri'MS rXPl'.R 1'1I1"1R CONTROL m' ACQUIRINC. AOmriOXAL LANDS (,^R ri'RRlTC^RV COX rid'ocs ro or ai^utting i'i\^n \xv park. IU:>1'LK\'AR1^ tM^ 11R1\1-\VAY UNl^ER THE CONTROL OF SUCH PARlv COMMISSIONERS, AND TO PAY FOR THE L.ANDS OR TERRITORY THUS ACQUlREll. [APPRO\Fn APRIL ::i. ls-)>). IN FORCE Jl'TA" 1, 1S;10,1 AN ACT ro A^H'Nl^ AN ACT ENTITLED. "AN ACT TO l-.N- ARLE PARK COMMISSIONERS TO ALTER OR ENLARGE PARK SYSTEMS UNDER THEIR CONTROL BY ACQUIRING AIM-)! TIONAL LANDS OR I KRRITORY CONTIGUOUS TO OR ARC riTNG UPON ANY PARK. BOULE\AKD OR DRIVE- \\AV CXDFR THE COXTROL (M- Sl'CH PARK CO^l^tlS- sioxi:rs. axd to pay i'or rin-: lax ds or TERRiroRY THUS ACLU 1R1:D." APPROVED APRIL :J1. ISW. IN FORCE JCLY 1. isw. AXl^ TO A^H•:ND THE TITLE THEREOF. [AP- PROVED AXD IN FORCE APRIL -'.). HWi.l Section 1. l>e it enacted by the People oi' the State o[' Illinois re]>resented in the UuMieral .Vssembly: That S'l'AII'l'KS. 59 nil ;i('l ciifilcfl, "An act to chjiIjIc Pai-k ( !c)n)]ni,ssi()ii(!rs to .•liter or (')ilar^(' pai'k systciiis under tluiir control hy a(*(|iiiriii,n' additional lands or territory contiguous to or aldittiii.i;' upon aii\ park, Itoiilcvard or drix'cwav un- der the control ol" siicli I'ark ( 'oinniisHioners, and to pa>' for the lands or territory thus ac<|uire(]," approved A|.i-il I'l, IS!)!), in force duly .1, ]«!>!), be amended to I'ead as follows : Section I. Park Boards for certain districts author- ized to procure additional land by gift, purchase, con- demnation or otherwise. That persons wlio liavt? Ixhm), or iiia> he ap|)ointe(l, or otli(M'\vis(! selected as comniis- sioners or officers, and constituted a board of piihlic park' coniinissioners for an\' three towns, under and in puisiiaiice of any act or acts of the (icneral Assenihix' of this State, \vhi(di has or lia\'(! l)(!en oi" ina\' he subniitteei to the le^al voters of such three towns, and by them res])ectively ado[)ted, for the purpose of locating, es- tablishin.i;', enclosiiiii,', iiiipro\'in^- or iiiaiiitalnin;^,' aii\' |)iihlic park, boulevard, driveway, liighway or other public work Ol- improvement, who may desii'c; to alter or enlai'«4(' the park system under their conti'ol by ac- (|uirin.n' additional lands or territory lyin<^' within the (hstrict ())• territoi\v, the |)ro])(!rty of which shall be taxable for the maintenance of the parks or boulevards, under conti'ol of such Park (Commissioners are hereby veste<] witli ])Ower to take and acquire title, from time to time, by gift, i)iirchase, condemnation oi* othei'wise, to sucli i)ieces, ])arcels or tracts of land as may in their judgment ))e necessary for sucli alteration or enlargc;- ujent, and in case said connnissioners cannot agree with the owner or owners, lessees or occupants, or 7)ersons interoteil in any of the \arious lots, blocks oi* i)arce]s 60 sTArrrKs. o( laiul soUvtod, tliov may prooood to prociiro i*on- donmatiou of the saiuo in a luaiuior proscvibod in tlio act of tho (uMioral Assembly ol" Ibo State ol' lHim>is. en- titled, "All aet to providt^ for tbe exeivise of the riiilit of eniiiieiit di>niain," approveii April 1(\ ISTlI, in foree July 1, IS7-, and amendments thereto: and it shall be lawful \'ov <\i('\\ Tark (\unmissioners to vacate and i'K^se an\ hiulnvay, si reel or alley which ma\ pass throuiih, divide or separate any lands so acquired, pro- vided the consent of the numicipal authorities liaviui:; ciuitrol oi' the highway, street or alley so taken shall be lirst obtaiuctl. See. "J. Power to issue bonds. Such i^irk conunis sioners shall have tlu^ ]>ower to ]>ay for the at'tpiisi- tion and improveuuMit of auy lauds or territory selected for tho purposes luM*eiu authorized out of tluur jxeu- eral reveuues or by tlu^ issue aud saU^ of interest bear- ing bonds, in achbtitui to the bonds now authori/inl by law to be issued and sold l\v sui'li Tark Connnis- siouers: Provided, no bonds shall be issueil uuiier this act contrary to the provisions of Sectiou V_\ ArticU^ IX. o\' the Constitution of this State: And, lu-ovided further, thai the pro[>ositioii to issue such l^ouds sliall be submitted to a vote oi' the legal voters of such ]\-irk district aud receive a majority oi' tlie votes cast ui^on such proposition. And authority is luM'chy expressly granliHl to the Park (."onmiissioners issuing siu'h bouvls to levy and collect a direct annual tax upon the ]U'oiHU-ty within their Jurisdictiiui, in addition to the amount of any lax mnv authorized by law to be levied aud collecteil by them, snthcient to pay the interest on said bouils STA'rUTKS. (;1 jis it fallH duo and also to 7)My and disoliar^o ilio prin- ('il)al tlior(!of' witliin twenty (20) y(;arH from the; date of i.ssuin^ snid bonds, and the eounty elerk of the coMnty in \vlii<-li siicli pjnk dislrift is located ov such otiici- oHiccr ()!• offieers as are by anlliorized to sf)read or assess taxes for park purposes and other purposes shall, on reeeivin^^ a certificate, from such Park Com- missioners that the amount mentioned in such certifi- cjilc is necessary to pay the interest on said bonds, anrl niso to pay and discharge the principal thereof within twenty (20) years from the date of issuing said bonds, sj)read and assess such amount upon the taxable prop- erty embraced in said park district the same as other ])ark taxes are ])y law spread and assessed, and the same shall he collected and paid over the same as other park taxes are now required by law to be collected and ])aid. 8cc. '>. Amending title. 'J'lial the lille of said net be .•imcndcd lo rc;i'0vern parks, bonlevards, driveways. ]n'omenades and pleasnre i>T0iinds nnder tlioir con trol" a])i)roved April 21, 1809, in force Jnly 1, 1899, as amended by an act aiiiu'oved ^[ay 14, 1901), in force Jnly 1, 1903, be, and tlie same is hereby amended so as to read as follows: Section 1. Board of Public Park Commissioners for any three towns — Assessment and levy of taxes. That ])ersons who have been or may be a]>pointed (^r other- wise selected as commissioners or officers, and consti- tuted a Board of Public Park Commissioners for any three towns under and in pursuance of any act or acts STATiriKK. 03 of llic fi('iM'i';iI Asscinbly of iliis Slate, wliicli lias, oj- liav<' IxM'ji ()!• may he sulmiilied to tlio l(;^al vot(M'.s of siicli til !•('(! towns and by tlicm rospoetivc^ly a(Iof)t('(l for llic |)iii-t)os(' of locating, cstablisliin^', enclosing', iiii- |»ro\'inj;- or iii;iliiiaiiiiii^- any |)ul)lic pnrk, hoiiU.'v;! rd, driveway, liigiiway or otlier piiMic work or iinjjrove- inent, slniil, in addition to the anioiint of money now antlioi-ize(l 1o })o raised by any sncli bofi rd by laxation on Hie properly embraced in sijfli p;irl< dis1ri<'1 in siieli tliree towns, be annua ll\' allowed a sum not exceeding three ('>) mills on each dollai- of taxable property em- braced in such park distri('t, according to tlie valua- tion of the same, as made for the purpose of State and county taxation by tin; general assessment last ])re- ceding tlie time when siieb tlire*' (.'!) mill 1;ix slinll be levied. And tlie county <;l(;rk of llie ('(dinly in wliidi such park district is located, oi- sucli otlier ollieer or officers, as art' by law aiitliori/ed to spread or assess taxes for p;irk purposes ;ind oilier purposes, sliall, on receiving a ceilifieate from sueli J^oai'd of Park ( 'oin- missioners that the amount mentioned in such certifi- cate, not exceeding the amount aforesaid, is necessary'' for tin; pi-o))ei' improvement, governance* and mainte- nance of tlie park property under its control, sjjread and assess such amount upon the taxable p)ro|)ei-t>' em- braced in such park district, tlie same as otluir ))ark taxes are by law spread and assessed, and the same shall be collected and jtaid over the same as otliei- park taxes are now re(|iiired by law to be collected ;ind pnid. ()4 STATUTES. AN ACT TO CONVEY AND DESIGNATING CERTAIN SUB- ^lERGED LANDS KNOWN AS "LAKE FRONT," FOR PARK PURPOSES. [APPROVED APRIL 24, 1S99. IN FORCE JULY 1, 1S99.] Wliereas, Many Grand Army posts, members of the Cirand Army, civic organizations and clubs, and citi- zens of the City of Chicago, and State of Illinois, have petitioned the General Assembly to name and designate by act, the park which is making and about to be made upon the lake front in the City of Chicago; and AVliereas, The title to the land in Chicago, commonly known and designated as the "lake front," lying along the lake shore, and extending south of Eandolph street, north of Park Eow, and east of Michigan avenue, and a part of which is yet submerged under the waters of Lake Michigan, but the reclamation of which is con- templated and being now undertaken by the filling in from the present shore line hereafter, is still, we be- lieve, in the State of Illinois ; and Whereas, The City of Chicago, by the action of the city council, has formally transferred the possession, care, improvement and management of said "lake front," to what is known as the "Board of South Park Commissioners," for the express purpose of establish- ing a public park and pleasure ground thereon, but the title to which not being vested in said "Board of South Park Commissioners," said board is prevented and delayed from carrying out and perfecting the plans necessary for the proper development and improve- ment of a public park in said "lake front," and in dis- charging all their obligations and duties in that 1)elialf, STATUTES. 05 as conteni})Iatod and i)lar]riod by said ''Hoard of South Park Coniiiiissioncrs;" and Whereas, There are now in the City of Chicago a niimlier of public parks and squares named respectively after such illustrious statesmen, heroes and scientists as Washington, Lincoln, Jackson, Jefferson, Sheridan, Garfield, Douglas, Logan, Dearborn and Humboldt but not one named after the great, silent soldier of Illinois, U. S. Grant; therefore. Section 1. Boundaries defined and conveyed to South Park Commissioners. That the land or lands lo(;ated in th(; (yity (jf (.'hicago. County of Cook, and State of Illinois, Ijounded on the north by the north line of Monroe street, produced east to the outer sea wall or liMihor line, established by the secretary of war, Sep- tember 22, ]890, in Lake Michigan, and bounded on the east by said outer sea wall or harbor line, and bounded on tlie south by the south line of the street known as Lake Park Place (formerly known as T^ark ]iow), produced east to said outer sea wall or harbor line, and bounded on the west by the east line of Michigan avenue, which land is commonly known and designated as the "Lake Front," including all sul)]ii('rged land lying west of said outer sea wall 01- haihoi- line, and between said north and south bouiidaiy lines above described shall be, and are here- after to be called, designated and known as "Grant Park," and said "Grant Park" is hereby conveyed to the South Park Commissioners, to be held, man- aged and controlled by said Commissioners, as other parks are now under their control; except, however, that portion of said "Grant Park" lying north of the 66 STATUTES. north of the north line of Jackson street, extended east from Michigan avenue to the said outer sea wall or liarbor line, and except also the right of way, easements and grounds of the Illinois Central Eailroad Company, extending north and south through said "Grant Park," as described in an ordinance of the City Council of the City of Chicago, passed October 21, 1895, and published by authority of the City Council in 1898, in Volume two {'!) of Special Ordinances of Chicago, at page 657. [As amended by act approved May 10, 1901. In force July ], 1901.] AN ACT TO ENABLE PARK COMMISSIONERS TO ISSUE BONDS FOR THE COMPLETION AND IMPROVE.MENT OF PUBLIC PARKS AND BOULEVARDS, AND TO PROVIDE A TAX FOR THE PAYMENT OF THE SAME. [APPROVED AND IN FORCE MARCH :20, inoi.] Section 1. Board of Park Commissioners for any three towns, etc. — Power to issue and sell bonds, power to levy and collect a direct annual tax. Be it enacted by the People of the State of Illinois represented in the General Assembly: That persons who have been or may be appointed, or otherwise selected, as com- missioners or officers and constituted a Board of Park Commissioners for any three towns, under and in pur- suance of any act or acts of the General Assembly of this State, which has or have been, or may be sub- mitted to the legal voters of such three towns, and by them respectively adopted, for the purpose of locating, establishing, enclosing, improving or maintaining any public park, boulevard, driveway, highway, or other public work or improvement, shall have, and are here- by invested with, full power and authority, in their dis- STATUTES. 67 ci'ction, to issue and sell, in addition to the bonds now authorized by law to be issued and sold by such Park Commissioners, interest bearing bonds to an amount not exceeding five hundred thousand (500,000) dollars, said bonds to bear interest at a rate not exceeding four (4) per centum per annum, payable semi-annually, the proceeds of said bonds to be issued to be used and ap- plied in completing and improving any land now held, controlled and maintained, or hereafter acciuired, by such Park Commissioners for park and boulevard pur- poses : Provided, That the total indebtedness of such park commissioners, including the said sum of five hundred thousand (500,000) dollars hereby authorized lo be issued, shall not exceed five (5) per centum on the value of the taxable property of said three towns, as ascertained by the last assessment for state and county taxes previous to the issue of any such bonds, and authority is hereby expressly granted to the Park Commissioners issuing such bonds to levy and collect a direct annual tax upon the property within their juris- diction, in addition to the amount of any taxes now authorized by law to be levied and collected for park and boulevard purposes, in such three towns, sufficient lo pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof within twenty (20) years from the date of issuing said bonds, and the county clerk of the county in which such park district is located, or such other officer or officers as are by law authorized to spread or assess taxes for park purposes and other purposes, shall, on receiving a certificate from such Park Commissioners that the amount mentioned in such certificate is necessary to pay the interest on said bonds, and also to pay 68 STATUTES. and discharge tlie principal thereof within twen- ty (20) years from the date of issuing said bonds, spread and assess such amount upon the tax- able property embraced in such park district, the same as other park taxes are by law spread and assessed, and the same shall be collected and paid over the same as other ])ark taxes are now required by law to be col- lected and paid. Sec. 2. The power granted not to be exercised until the proposition to issue bonds shall have been submit- ted to a vote. The power herein granted shall not be ex- ercised until the proposition to issue such bonds shall have been submitted to a vote of the legal voters of such ]iark district, and shall have received a majority of the votes cast upon that proposition at such election. Public notice of such election shall be given by the Park Commissioners of such district not less than ten (10) days before the day appointed therefor, by pub- lication thereof in some newspaper of general circula- tion in said district, and by posting the same in at least ten of the most public places in said district, and the ballots shall read, "For Issuing Park Completion and Improvement Bonds," or, "Against Issuing Park Completion and Improvement Bonds." The said elec- tion shall be held, and the ballots cast shall be counted, and the returns thereof shall be canvassed by the same officers and in the same manner as in the case of the election of town officers within said district. Sec. 3. Emergency. Whereas, There is a necessity for the immediate construction of the improvement con- templated in this act; therefore, an emergency exists, and this act shall take effect and be in force from and after its passage. STATUTES. 69 AN ACT TO ENABLE PARK COMMISSIONERS TO ACQUIRE, IMPROVE AND MAINTAIN ADDITIONAL SMALL PARKS OR PLEASURE GROUNDS. [APPROVED AND IN FORCE MAY 10, 1001,] Section 1 . Park Commissioners may acquire, improve and maintain. lie it enacted by the People of tlie State of Illinois represented in the General Assembly: That for the purpose of creating additional small parks or pleasure grounds, any Board of Park Commissioners shall have tli(^ ]>ower to acquire, Ijy purchase, gift, con- demnation or otherwise, any lot, l)lock or ])arcel of land which shall lie within the district or territory, the property of which shall be taxable for the maintenance of the parks or boulevards under the control of any such Board of Park Commissioners. Any Board of Park Commissioners may acquire as many lots, blocks or parcels of land for small parks or pleasure grounds as it may deem necessary: Provided, That each park or pleasure grounds so acquired shall not exceed ten (10) acres in area or extent. Sec. 2. When Park Commissioners may proceed by condemnation. In tlie event that said Board of Pai'k Commissioners cannot agree with the owner or own- ers, lessees or occupants, or persons interested in any of the said various lots, blocks or parcels of land, se- lected by it as aforesaid, it shall proceed to procure the condemnation of the same in the manner prescribed in the act of the General Assembly of the State of Illi- nois, entitled, "An act to provide for the exercise of the right of eminent domain," approved April 10, 1872, in force July 1, 1872, and the amendments there- to. 70 STATUTES. Sec. 3. Vacation of street or alley. It shall l)e law- ful for said Board of Park Commissioners to vacate and close up any liigliway, street or alley which may pass through, divide or separate any lands so selected or appropriated by it for the purpose herein author- ized: Provided, That the consent of the municipal au- thorities have [having] control of said street or alley so taken shall first be obtained. Sec. 4. Power of Park Commissioners over. Such Board of Park Connnissioners shall have the same power and control of the lots, blocks or parcels of land taken under this act as are, or may be, by law vested in it, of and concerning the parks, boulevards and drive- ways now under its control. Sec. 5. Emergency. Whereas, There is a necessity for the immediate ac([uisition of the small parks con- templated in this act; therefore, an emergency exists, and this act shall take effect and [be] in force from and after its passage. STATUTES. 71 AN ACT TO ENABLE THE CORPORATE AUTHORITIES OF TWO OR MORE TOWNS FOR PARK PURPOSES, TO ISSUE BONDS TO RAISE FUNDS FOR THE ACQUISITION AND IMPROVEMENT OF ADDITIONAL SMALL PARKS OR PLEASURE GROUNDS AND TO PROVIDE FOR THE PAY- MENT THEREOF. [APPROVED AND IN FORCE MAY 10, 1901.] AN ACT TO AAIEND AN ACT ENTITLED, "AN ACT TO EN- ABLE THE CORPORATE AUTHORITIES OF TWO OR MORE TOWNS FOR PARK PURPOSES, TO ISSUE BONDS TO RAISE FUNDS FOR THE ACQUISITION AND IM- PROVEMENT OF ADDITIONAL SMALL PARKS OR PLEAS- URE GROUNDS, AND TO PROVIDE FOR THE PAYMENT THEREOF," APPROVED AND IN FORCE MAY 10, 1901, AND TO AAIEND THE TITLE THEREOF. [APPROVED MAY 14, 1903. IN FORCE JULY 1, 1903.] Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That an act entitled, "An act to enable the corporate authori- ties of two or more towns, for park purposes, to issue bonds to raise funds for the acquisition and improve- ment of additional small parks or pleasure grounds, and to provide for the payment thereof, approved and in force ]\[ay 10, 190], be amended to read as follows: Section 1 . When bonds may be issued to raise funds for. That any Board of Park Commissioners which has been by law declared to be the corporate authorities of two or more towns, for park jiurposes, said Board of Park Commissioners and the successors thereof as such corporate authorities, shall have, and they are hereby vested with full ]^ower and authority, in their discre- tion, to issue and sell, in addition to the bonds now au- thorized by law to be issued and sold by such Park Commissioners, interest bearing bonds to an amount 72 STATUTES. not exceeding one million (i|;l, 000,000) dollars: Pro- vided, no bonds shall be issued under this act contrary to the provisions of section twelve, article nine, of the constitution of this State. Sec. 2. Authority of Park Commissioners. Authority is hereby expressly graiitod to the Board of Park Com- missioners, as such coi^Dorate authorities issuing said bonds, to levy and collect a direct annual tax u]K)n the property within its jurisdiction, in addition to the taxes now authorized by law to be levied and collected for park and boulevard purposes by such corporate authorities, sufficient in amount to pay the interest on the bonds hereinbefore authorized as it falls due; and also to pay and discharge the principal thereof within twenty (20) years from the date of issuing said bonds; and a further tax, to be expended for the purposes here- inafter set forth, of not to exceed one-half mill on each dollar of taxable propertj^ embraced in such park dis- trict, according to the valuation of the same as made for the purpose of State and County taxation by the general assessment last preceding the time when such one-half mill tax shall be levied ; and the county clerk of the county, in which such park district is located, or such other officer or officers as are by law author- ized to spread or assess taxes for park purposes, and other purposes, on receiving a certificate from such Park Commissioners that the amount mentioned in such certificate, not exceeding the amount aforesaid, is neces- sary for the purpose herein authorized, shall spread and assess such amount upon the taxable property in said park district, the same as other ])ark taxes are by law spread and assessed, and the same shall be col- STATUTES. 73 Iccled jiud Daid over tlie same as otlier park taxes are now rec|iiii'ed l)y law to be collected and paid. Sec. o. Proceeds of bonds, how used. The proceeds of tlic bonds lici-oin authorized shall be used exclusivels" for the purchase and improvement of the lots, blocks or parcels of land which may be selected for small ])arks or pleasure grounds, pursuant to an act entitled "An act to enable Park Commissioners to acquire, im- ])i()\(' ;iii(l )ii;iliil;iin additional small parks or pleasure grounds," approved and in force May 10, 1901, and the pi'oceeds of tlie annual tax of not exceeding one-half ]iiill on each dollar hereinbefore authorized shall be used exclusively for the maintenance of parks or pleas- ure grounds having an area of not to exceed ten acres each; and also for the purchase of lots, blocks or par- cels of land which may, from time to time, be selected for additional small parks or pleasure grounds and for the iiiipi-oNCDicnt and maintenance thci'eof. Sec. -4. Title Amendment. That the title of said act be amended to read as follows: "An act to enable the corporate authorities of two or more towns, for park purposes, to raise funds for the acquisition, im- provement and maintenance of additional small parks or ph'asure grounds. AN ACT TO ENABLE THE CORPORATE AUTHORITIES OF TWO OR MORE TOWNS, FOR PARK PURPOSES, TO AL- TER OR ENLARGE THE PARKS UNDER THEIR CONTROL. [APPROVED AND IN FORCE MAY 14, rjO.3.] Section 1 . Enlarging parks by including submerged lands adjacent. Be it enacted by the People of the State of Illinois represented in the General Assembly: 74 STATUTES. Tliat Viwk (\)iniiiissi()iiors who are, or shall hc\ tho cor- porato antliorities of two or more towns for park pur- poses, and who shall have imder their supervision or control any pnhlic park or portion thereof, under or ))y virtue of any ordinance passed by any City Council, is hereby authorized to alter or enhirge the boundaries of such park by including- therein the submerged lands adjacent to or bordering upon such park: Provided, that such altei-ation or enhTrgement shall not interfere with the practical navigation of any jmblic waters lying within the State, or extend ])evond the harbor liiu' es- tablished by the Secretary of War. Sec. 2. Emergency. Whereas, there is a necessity for the innuediate alteration or enlargement contem- ]ilated in this act, therefore an enuM'gency exists and this act shall take effect and be in force from and after its ])assage. AN ACT CONVEYING CERTAIN LANDS TO THE SOUTH PARK CO^nnSSIONERS FOR THE PURPOSE OF ESTAB- LISHING A PUBLIC PARK OR PLEASURE GROUND THEREON. [APPROVED AND IN FORCI' MAY 14, loon.l Section 1. Conveyance of lake front land to South Park Commissioners. Be it enacted by the People of the State of Illinois represented in the (Jeneral As- sembly: That the lAnd, including all submerged land, known as Grant Park, in the City of Chicago, County of Cook and State of Illinois, bounded on the north by the south line of Randolph street extended in a straight line east from ]\Licliigan avenue to the harbor line established by the Secretary of War .in l.ake Michigan, and bounded on the east by said harbor line. STATUTES. 75 and bounded on tlu? .south, east oi' the right of way, easement and grounds of the Illinois Central Railroad C;'omi)auy, by the south hne of the street known as Lake Park place (formerly known as Park Row) ex- tended in a straight line east from Michigan avenue to said harbor line, and west of said right of way, ease- ment and grounds by the north line of said Lake Park phu.*e, and bounded on the west by the east line of Michigan avenue, excepting, however, the right of way, easement and grounds of the Illinois Central Raih'oad Company extending north and south through said Grant Park as described in an ordinance of the City CV)uncil of the City of Chicago, passed October 21, 1895, and published by authority of said Council in 1898 in volume 2 of Special Ordinances of the City of Chicago, at page G57, be and tlie same is herehj' con- veyed to the South Park Commissioners, to be held, managed and controlled by said Commissioners as other i^arks now are under the control of said Com- missioners. Sec. 2. Emergency. AVhereas, there is a necessity for the immediate acquisition and improvement of the park contemplated in this act; therefore an emergency exists, and this act shall take effect and be in force from and after its passage. 76 STATUTES. AN ACT TO ENABLE PARK COMMISSIONERS HAVING CON- TROL OF A PARK OR PARKS BORDERING UPON PUBLIC WATERS IN THIS STATE, TO ENLARGE AND CONNECT THE SAME FROM TDIE TO TIME BY EXTENSIONS OVER LANDS AND THE BED OF SUCH WATERS, AND DEFIN- ING THE USE WHICH MAY BE ^lADE OF SUCH EXTEN- SIONS, AND GRx\NTING SUBMERGED LANDS FOR THE PURPOSE OF SUCH ENLARGEMENTS. [APPROVED MAY 14, 1903. IN FORCE JULY 1, 1903.] Section 1. Power to extend park or driveway over bed of waters. Be it enacted by the People of the State of Illinois represented in the General Assembly: That every Board of Park Commissioners existing under the laws of this State, which now has, or may hereafter have; or acquire, control over any public park, boule- vard, or driveway, bordering upon any public waters in this State, shall have the power to extend such park, boulevard or driveway over and upon the bed of such public waters : Provided, however, that no such ex- tension shall be made which shall interfere with the practical navigation of such public waters, for the pur- poses of commerce, without due authority from the lu-oi)er official of the United States Government having control thereof. Sec. 2. Power to connect separate parks by drive- way over bed of public waters. Every Board of Park Commissioners existing under the laws of this State which now has, or may hereafter have, or acquire, con- trol over two or more separate public parks, whether they constitute a part of one park system or not, bor- dering upon any body of public water in this State, shall have power to connect the same by constructing a bonlevard. driveway or parkway, extending over and STATUTES. 77 upon the 1)0(1 of siifli public waters, and over and upon any lands penetrating into such waters, and may ex- tend any such park by constructing a boulevard, drive- way or parkway over any private property, and over any navigable river or any part thereof which lies within the territory, the property of which shall be taxable for the maintenance of the park under the control of said Board, so as to connect such boulevard, driveway or parkway with any boulevard, driveway or parkway now or hereafter constructed, and connected with or forming a part of any other park system; and in extending such park or in constructing such boule- vard, driveway or parkway, the said Board of Park Commissioners may construct such viaducts, bridges oi' tunnels, or parts of viaducts, bridges or tunnels, within its said territory as to it may seem necessary: Provided, however, that no such extension which shall be made, shall interfere with the practical navigation of such public waters or rivers for the purposes of commerce, without due authority from the proper of- ficial of the United States Government having control thereof. Sec. 3. Acquisition of riparian rights. The riparian or other rights of the owners of land on the shores ad- joining the waters or rivers in which it is proposed to construct any such extension or connection, the title of the private owners, if any there be, of lands lying beneath such public waters or rivers, and the title of the owners of any lands penetrating into such public waters or of any land into, upon, or over which it is proposed to construct such extension or connection, or viaduct, bridge or tunnel, may be acquired by the said Board of Park Commissioners by contract with, or 78 STATUTES. deeds from, any sucli owner or owners, and such Park Commissioners shall have the power to pay for any such rights, lands or territory, thus acquired, out of its general revenue. Sec. 4. Title. The title to any such extension or con- nection of such park or parks, boulevards, driveways and ])arkways, and to the bed thereof shall be, and thereby become vested in such Board of Park Com- missioners for public purposes, and the same shall thereby become a part of the public park or parks un- der the control of such Board, and shall thenceforth be maintained and controlled by such Board in the manner provided by law, for the government and maintenance of other parks, boulevards and driveways under its control, and in all cases where any boulevard, driveway or parkway is extended, or constructed,, under the pro- visions of this act, the title to the submerged lands lying between the shore of such public waters and the inner line of the extension of such boulevard, driveway or parkway, shall be, and thereby become vested in such Board of Park Commissioners; and in case any such extension or connection as provided in this act shall be made into, over or upon the bed of Lake Michi- gan by any such Board of Park Commissioners, then the right, title and interest of the State of Illinois, in and to the bed of so much of said Lake Michigan shali be vested in such Board of Park Commissioners as in other cases provided in this act, and for the same pur- ]ioses and with the same rights and power. Sec. 5. Extension restricted to taxable district. No such Board of Park Commissioners shall be hereby au- thorized to extend any of its park or boulevard system STATUTES. 79 outside of or beyond the limits of the district or terri- tory, the property of which shall be taxable for the maintenance of the parks under the control of such Board, except into, over, and upon ]niblic water^s or rivers adjoining or being a part of such district. AN ACT CONVEYING CERTAIN LANDS TO THE SOUTH PARK COMMISSIONERS FOR THE PURPOSE OF ESTAB- LISHING PUBLIC PARKS AND PLEASURE GROUNDS THEREON. [APPROVED MAY 14, 1903. IN FORCE JULY 1, 1903.] Section 1. Certain lands conveyed to South Park Commissioners. Be it enacted by the People of the State of Illinois represented in the General Assembly : That the land including all submerged and artificially made lands lying within the south boundary line of Jackson Park and the south line of Seventy-ninth street as extended one thousand feet into Lake Michi- gan and a line easterly of and parallel with the shore line of said lake and the shore line of such lake, and also the land including all submerged and arti- ficially made land lying within the north line of Xinety-fifth street extended to its intersec- tion with the boundary line of Indiana and Illi- nois as extended and the shore line of Lake Michigan, all of such lines being situated in the City of Chicago, County of Cook, and the State of Illinois, be, and the same are hereby granted and conveyed to the Board of South Park Commissioners and their successors in of- fice, to be held, managed and controlled by them for the Fame uses and purposes as other parks now under their control. 80 STATUTES. AN ACT ENTITLED, "ACT CONCERNING FREE PUBLIC LI- BRARIES IN PUBLIC PARKS." [APPROVED MAY 14, 1903. IN FORCE JULY 1, 1903.] Section 1. Public Library within park — Condem- nation when necessary. Be it enacted by the People of the State of Illinois represented in the General As- sembly: That the corporate authorities of cities and park districts, or any Board of Park Commissioners having the control or supervision of any public park or parks, are hereby authorized to permit any free public library, organized under the terms and pro- visions of an act entitled, ^'An act to encourage and promote the establishment of free public libraries in cities, villages and towns of this State," approved June 17, 1891, in force July 1, 1891, to erect and main- tain, at its own expense, its library building within any public park now or hereafter under the control or supervision of such city, park district or Board of Park Commissioners and to contract with any such free pub- lic library relative to the erection, maintenance and administration thereof. If any owner or owners of any lands or lots abutting or fronting on any such park, or adjacent thereto, or any other person or persons, have any right, easement, interest or property in such public park appurtenant to their lands or lots, or otherwise, which would be interfered with by the erec- tion and maintenance of any free public library build- ing, as hereinbefore provided, or any right to have such public park, or any part thereof, remain open and va- cant and free from any buildings the corporate au- thorities of the city or park district or any Board of Park Commissioners, having control of such park, may STATUTES. 81 condemn tlie same in the manner prescribed in an act of the General Assembly entitled, "An act to provide for the exercise of the right of eminent domain," ap- proved April 10, 1872, in force July 1, 1872, and the amendments thereto. Sec. 2. Directors, etc., to manage affairs of library. The directors, trustees or managers of any public library which shall erect its library building in or npon any public park, under the terms and provisions as aforesaid, shall, so long as said building is maintained as a free public library, control, direct and manage the affairs of such library, as heretofore, under the terms and provisions of an act entitled, "An act to encour- age and promote the establishment of free public libraries in cities, villages and towns of this State," approved June 17, 1891, in force July 1, 1891, and in all respects the same as though the said building was not erected in or upon a public park. Sec. 3. Submission of question to voters — Condem- nation — Payment for property taken. In case the direct- ors, trustees or managers of any free public library, or a majority of them, shall make request in writing, of the corporate authorities of such city, park dis- trict or Board of Park Commissioners for permission to erect a free public library building in or upon any public park, under the control, supervision or juris- diction of such city, park district or board of park commissioners designating the site desired and the general style and approximate cost of such building, it shall be the duty of such authorities to submit the question of granting such request to the legal voters of such city or park district at the next municipal election ; and if a majority of the legal voters, voting upon such 82 STATUTES. question at any such election shall favor the granting- by said city, park district or Board of Park Commis- sioners of the aforesaid request, then the said author- ities or Board of Park Commissioners shall authorize the erection of said building, as aforesaid, and if neces- sary proceed to condemn, as aforesaid, any right, easement or interest, belonging to such abutting prop- erty owners, which would be interfered with by the erection of said library building, and such city or park district shall have the power to pay for any right, easement or interest so condemned out of its general revenues. Sec. 4. Repeal. All acts or parts of acts, inconsistent with the foregoing, or any part thereof, be, and the same are hereby repealed. AN ACT TO ENABLE PARK COMMISSIONERS TO ISSUE BONDS FOR THE PURPOSE OF ACQUIRING AND IM- PROVING PUBLIC PARKS, AND TO PROVIDE FOR THE PAYMENT OF SUCH BONDS. [APPROVED AND IN FORCE MARCH 3, 1905.] Section 1. Board of Park Commissioners, power to issue and sell bonds for acquiring and improving public parks — Submitted to vote — Power to levy and collect direct annual tax. Be it enacted by the People of the State of Illinois represented in the General Assembly: That every Board of Public Park Commissioners now having control of or having selected any land or lands for the purpose of creating a public park or parks thereon and which said Board is unable to pay for or im]irove out of its general revenue, may from time to time, in its discretion, issue and sell in addition to the STATUTES, 83 bond now authorized by law to be issued and sold by said board, interest-bearing bonds for the purpose of ol)taining such funds as it may deem necessary for ac- (piiriug, improving and completing said parks : Pro- vided, no bond shall be issued under this act contrary to the provisions of Section twelve, Article nine, of the Constitution of this State; And, provided, further, that the proposition to issue such bonds shall be sub- mitted to a vote of the legal voters of such park dis- trict and receive a majority of the votes cast upon such proi)osition. And authority is hereby expressly granted to the Park Commissioners issuing such bonds to levy and collect a direct annual tax upon the prop- erty within their jurisdiction, in addition to the amount of any tax now authorized by law to be levied and collected by them, sufficient to jmy the interest on said bonds as it falls due and also to pay and discharge the jn-incipal thereof within twenty (20) years from the date of issuing said bonds, and the county clerk of the county in which such ])ark district is located or such other officer or officers as are by law authorized to spread or assess taxes for park purposes and other puri)oses shall, on receiving a certificate from such Park Connnissioners that the amount mentioned in such certificate is necessary to pay the interest on said bonds and also to paj^ and discharge the principal thereof within twenty (20) years from the date of issuing said bonds, spread and assess such amount upon the tax- able property embraced in said park district the same as other park taxes are by law spread and assessed, and the same shall be collected and paid over the same as other jDark taxes are now required by law to be col- lected and paid. 84 STATUTES. • Sec. '2. Emergency. Whereas, there is a necessity for the immediate acquisition of the parks and con- struction of the improvements contemplated in this act, therefore an emergency exists, and this act shall take effect and be in force from and after its passage. AN ACT TO ENABLE PARK COAIAIISSIONERS TO ENLARGE THE PARK SYSTEMS UNDER THEIR CONTROL BY AC- QUIRING AND IMPROVING ADDITIONAL LANDS, AND TO PAY FOR THE ACQUISITION AND IMPROVEMENT THEREOF. [APPROVED AIARCH 4, 1907.] Section 1. Park Commissioners may exercise right of eminent domain — Vacation of highways, streets and alleys. Be it enacted by the People of the State of Illinois represented in the General Assembly : That the Commissioners of every public park district in this State appointed or otherwise selected under and in pursuance of any act or acts of the General Assembly of this State, which has or have been or may be sub- mitted to the legal voters of such park district and by them adopted who may desire to alter or enlarge the park system under their control by acquiring addi- tional lands within the district, the property of which is taxable for the maintenance of the parks under their control, are hereby authorized to acquire and improve such lots, blocks and parcels of land as may, in their judgment, be necessary for the purpose of enlarging any park or parks under their control and for the pur- pose of creating additional parks ; and in case said Commissioners cannot agree with the owner or owners, lessees or occupants or persons interested in sluj of the said lots, blocks or parcels of land, they may pro- ceed to procure the condemnation of the same in the STATUTES. 85 niainier prescribed in the act of tlie General Assembly of tlio State of Illinois, entitled, "An act to provide for tlie exercise of the right of eminent domain," ap- proved April 10, 1872, in force Jnly 1, 1872, and the amendments thereto; and it shall be lawful for such Park Commissioners to vacate and close any highways, streets or alleys which may pass through, divide or separate any^lots, blocks or lands so acquired, pro- vided the consent of the municipal authorities having control of the highwaj^, street or alley so vacated and closed, shall be first obtained. Sec. 2. Proposition to issue bonds to be submitted to vote — Tax levy and bond issue regulated. Such Park Commissioners may, from time to time, issue and sell in addition to the bonds now authorized by law, inter- est-bearing bonds for the purpose of obtaining such funds as may be necessary for acquiring and improving said parks : Provided, no bonds shall be issued under this act contrary to the provisions of Section 12, Arti- cle 9, of the Constitution of this State : And, provided, further, that the proposition to issue such bonds shall be submitted to a vote of the legal voters of such park district and receive a majority of the votes cast upon such proposition. And authority is hereby expressly granted to the Park Commissioners issuing such bonds to levy and collect a direct annual tax upon the prop- erty within their jurisdiction, in addition to the amount of anv tax now authorized by law to be levied and col- lected by them, sufficient to pay the interest on said bonds as it falls due and also to pay and discharge the principal thereof within (20) years from the date of issuing said bonds, and the county clerk of the county in which such park district is located, or such 86 STATUTES. otlior ofticor or officers as are or may be authorized to spread or assess taxes for park purposes shall, on re- ceiving a certificate from such Park Commissioners that the amount mentioned in such certificate is neces- sary to pay tlie interest on said bonds and also to pay and discharge the princijjal thereof within twenty (l20) years from tlie date of issuing said bonds, spread and assess such amount upon the taxable property em- braced in said park district tlie same as other park taxes are bv law spread and assessed, and the same shall be collected and paid over the same as other park taxes are now required by jaw to be collected and paid. Sec. 3. Emergency. Whereas, There is a necessity for the immediate ac(|uisitions and improvements con- templated ill this act, thei'efore an emergency exists, and this act shall take effect and l)e in force from and after its ])assage. AN ACT TO PROVIDE FOR MAKING IMPROVE.MExXTS AND REPAIRS UPON HIGHWAYS ADJOINING PUBLIC PARKS AND PLEASURE GROUNDS. [APPROVED APRIL 22, 1907.] Section 1 . Park Commissioners and corporate au- thorities may enter into agreement, etc. Be it enacted by the People of the State of Illinois, represented ill the General Assembly: That whenever hereafter any public street, avenue or alley adjoining any public ])ark or pleasure ground is, in the judgment of the park commissioners or corporate authorities of the city, town or village in which such street, avenue or alley is located, in need of repair or improvement, it shall be competent for the Park Commissioners or cor- STATUTES. 87 porate autlioiities controlling such public i)ai'k or pleasure ground to enter into an agreement with said city, town or village for the payment to such city, town or village by the Park Commissioners, or corporate authorities controlling such public park or pleasure ground of such portion of the cost of making such re- pairs or improvements as may be agreed upon or for the making by the Park Commissioners or corporate authorities controlling such public park or pleasure ground of such portion of such repair or improve- ment as may be agreed upon, and the remainder of the cost of making such repair or im^jrovement shall be raised by such city, town or village by general taxation or special assessment, as it may provide. Sec. 2. Emergency. Wherea-s, an emergency exists, this act shall take effect and be in force from and after its passage. AN ACT AUTHORIZING PARK COMMISSIONERS TO AC- QUIRE AND IMPROVE SUBxMERGED AND SHORE LANDS FOR PARK PURPOSES, PROVIDING FOR THE PAYMENT THEREFOR, AND GRANTING UNTO SUCH COALAHSSION- ERS CERTAIN RIGHTS AND POWERS AND TO RIPARIAN OWNERS CERTAIN RIGHTS AND TITLES. [APPROVED MAY 2, 1907.] Section ] . Park Commissioners may acquire riparian or other rights by condemnation proceedings or other- wise for extensions or connections. Be it enacted by the People of tlie State of Illinois, represented in the General Assembly: That every Board of Park Com- missioners existing under the laws of this State, which now has, or may hereafter have or acquire, control over any public park, boulevard or drivewa}-, border- »0 STATUTES. iiig upon any public waters in this State, and wliicli now has, or may hereafter have or acquire, the power to extend such park, boulevard or driveway over and upon the bed^ of such public waters, and that every Board of Park Commissioners, which now has, or may hereafter have or acquire, control over two or more separate public parks, whether they constitute a part of one park system or not, bordering upon any public waters in this State, and which now has, or may here- after have or acquire, power to connect the same by constructing a boulevard, driveway or parkway ex- tending over and upon the bed of such public waters and over and upon any lands penetrating into such waters, may acquire the riparian or other rights of the owners of lands, whether individuals or corporations, on the shores adjoining the public w^aters or rivers in which it is proposed to construct any such extension or connection, also the title of the private or public owners, if any there be, to lands lying beneath such public waters or rivers also the title of any lands pene- trating into such public waters and the title of any lands into, upon, or over which it is proposed to con- struct such extension or connection, or any viaduct, bridge or tunnel forming a part thereof, by contract with or deed from any such owner or owners, whether individuals or corporations. Said Park Commissioners and said riparian owners are hereby authorized to agree upon a boundary line dividing the submerged lands acquired or to be acquired by said Park Com- missioners and the submerged lands to be taken, owned and used by said riparian owners in lieu of and as compensation for the release of said riparian rights to said Park Commissioners. In case anv of such own- STATUTES. 89 ers or persons interested are ))oii .sui juris, or in case any of such owners or persons interested are unknown, ])roceedings may be had to condemn their riparian rights and the lands owned by them, or in which they may be interested, according to the provisions of an act entitled ''An act to provide for the exercise of the right of eminent domain" and amendments thereto. Sec. 2. Boundary lines established and confirmed by decree of court — notice — hearing — finding. In all cases in which said Park Commissioners shall have acquired, or contracted to acquire, the riparian rights of the owners of any lands along the shore adjoining such submerged lands, and shall have agreed upon the di- viding line aforesaid, said Park Commissioners shall file petitions or bills in chancery on the chancery side of the circuit court of the count}" in which said lands are situated, praying that the boundary line between the lands acquired or to be acquired by the defendants in said suit and the lands acquired or to be acquired by the said Park Commissioners, under this act and under such contract or contracts, may be established and confirmed by the decree of said court, as agreed upon by said parties to which bills or petitions al! persons interested in said riparian rights and lands as owners or otherwise as appearing of record, if known, or if not known, stating that fact, shall be made de- fendants. Persons interested, whose names are un- known, may be made parties defendant by the descrip- tion of the unknown owners; but in all such cases, an affidavit shall l)e filed by or on behalf of the petitioner or complainant, setting forth that the names of such persons are unkno^^m; said Park Commissioners shall also give public notice of the filing of each such bill or 90 STATUTES. petition by publication thereof once a week for four consecutive weeks in a newspaper of general circula- tion regularly published in the city in which, or near- est to which, said riparian rights are situated, which notice shall contain the title of the suit and the term of court at which it is made returnable, the last of which notices shall be published not less than ten (10) days or more than twenty (20) days before the first day of the term of court in which said suit is returnable. The defendants who do not enter their appearance shall be served with prqcess in the suits so instituted in the same manner as in suits in chancery, and the proceed- ings in said cause shall be conducted in the same man- ner as in other suits in chancery. Any legal voter or taxpayer within the district or territory in which the i:)roperty shall be taxable for the maintenance of the park system under the control of such Commissioners, shall be x^ermitted to enter his appearance and become a party defendant in said proceedings and demur, plead or answer to said bill or petition. If, upon a hearing, the court shall find that the rights and inter- ests of the public have been duly conserved in and by such agreement, then the court shall confirm said agree- ment and establish such boundary line; otherwise the court shall, in its discretion, dismiss such bill or peti- tion. If the dividing line agreed upon shall be so established and confirmed by the decree or judgment of the said court, it shall thereafter be the permanent dividing and boundary line of said lands, and shall not be affected or changed thereafter, either b}^ accre- tions or erosions ; and the owners of said shore lands are hereby granted by the State of Illinois the title to the submerged lands lying between said boundary line STATUTES. 91 wlien so established and the shore adjacent thereto, and they shall have the right to fill in, improve, pro- tect, use for all lawful purposes, sell and convey said submerged lands up to the line so established, free from any adverse claim in any way arising out of any question as to where the shore line was at any time in the past, or as to the title to any existing accre- tions. Sec. 3. Bond issue — Election — Tax levy, etc. Such Park Commissioners shall have the power to pay for any such rights or lands thus acquired and for the construction and protection of such extension or con- nection, either out of its general revenues or by the issue and sale, from time to time, of interest bearing bonds, in addition to the bonds now authorized by law to be issued and sold by such Park Commissioners : Provided, no bonds shall be issued under this act con- trary to the provisions of Section 12, Article IX, of the Constitution of this State: And, provided, further, that the proposition to issue such bonds shall first be submitted to a vote of the legal voters of such park district and shall receive a majority of the votes cast upon such proposition. And authority is hereby ex- pressly granted to the Park Commissioners issuing such bonds to levy and collect a direct annual tax ui^on the property within their jurisdiction, in addi- tion to the amount of any tax now authorized by law to be levied and collected by them, sufficient to pay the interest on said bonds as it falls due and also to pay and discharge the principal thereof within twenty (20) years from the date of issuing said bonds; and the county clerk of the county in which such park dis- trict is located or such other officer or officers as are 92 STATUTES. by law authorized to spread or assess taxes for park purposes shall, on receiving a certificate from sucli Park Commissioners that the amount mentioned in such certificate is necessary to pay the interest on said bonds and also to pay and discharge the principal thereof within (20) years from the date of issuing said bonds, spread and assess such amount upon the tax- able property embraced in said park district the same as other park taxes are by law spread and assessed, and the same shall be collected and paid over the same as other park taxes are required by law to be collected and paid. Sec. 4. Additional enlargements or extensions. The powers granted by this act to any Board of Park Com- missioners shall not be construed to have been ex- hausted by any one use of the same, but said com- missioners may, from time to time, proceed with fur- ther enlargements or extensions: Provided, however, that all such enlargements or extensions lie within the district or territory, the property in which shall be taxable for the maintenance of the park systems under the control of such Commissioners, or within public waters or rivers adjoining or being a part of such district or territory. STATUTES. 93 AN ACT TO ENABLE THE CORPORATE AUTIIORITIES OF PUBLIC PARK DISTRICTS TO ISSUE BONDS FOR THE PURPOSE OF AIDING THE CONNECTION OF PARK OR PARKS UNDER THEIR CONTROL WITH OTHER PARK OR PARKS BY MEANS OF BOULEVARDS, AND TO PRO- VIDE FOR THE PAYMENT OF SUCH BONDS. [APPROVED MAY 25, 1907.] Section 1. Additional bonds for bridges or boule- vards — Proposition submitted to vote — Levy and col- lection of tax. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the corporate authorities of any public park district having the control or supervision of any public park or parks in any city of this State wherein other park districts and parks are situated but not connected therewith by any boulevard or driveway, or other park thoroughfare, may, from time to time in their discre- tion, issue and sell in addition to the bonds now author- ized by law to be issued and sold by said corporate authorities, interest-bearing bonds for the purpose of obtaining such funds as they may deem .necessary. In defraying the expense of connecting any park or joarks under their control, with any other public park or parks, by means of a boulevard and driveway in said city, and altering and improving any connection or connections between such parks, provided no bonds shall be issued under this act contrary to the pro- visions of Section 12, Article 9, of the Constitution of this State: And, provided, further, that the propo- sition to issue such bonds shall be submitted to a vote of the legal voters of such park district and receive a majority of the votes cast at any general, municipal or special election upon such proposition by the voters 94 STATUTES. of said park district at such election. Aud authority is hereby expressly granted to the Park Commissioners issuing such bonds, to levy and collect a direct annual tax upon the property within their jurisdiction in addi- tion to the amount of any tax now authorized by law to be levied and collected by them sufficient to pay the interest on said bonds as it falls due, and also to pay and (liscliarge the principal thereof within twenty years from the date of issuing of said bonds, and the county clerk of the county in which such park dis- trict is located or such other officer or officers as are l)y law authorized to spread or assess taxes for park l)urposes and other purposes, shall, on receiving a cer- tificate from such Park Commissioners that the amount mentioned in such certificate is necessary to pay the interest on said bonds, and also to pay and discharge tlie prin('i))al thereof within twenty j-ears from the date of issuing said bonds, spread and assess such amount upon the taxable property embraced in said park district, the same as other park taxes are by law spread and assessed, and the same shall be collected and paid over the same as other park taxes are now re- quired by law to be collected and paid. AN ACT CONCERNING THE ANNUAL REPORTS OF PARK COMMISSIONERS. [APPROVED ^lAY 2o, 190r.l Section 1. Annual report submitted on last day of February. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Park Commissioners, who are now required by law to submit, on the first day of December in each year, to the Board of County Commissioners, or the Board of STATUTES. 95 Supervisors in tlie county in wliicli the same may he located, a written or printed report of all their acts and doings in relation to the parks and other improve- ments under their supervision or control, shall here- after submit such report on the last day of February in each year. AN ACT AUTHORIZING CITIES, TOWNS AND VILLAGES TO PERMLT THE CONSTRUCTION OF SURFACE AND ELE- VATED WAYS. [APPROVED AIAY 2r>, 1907.] Section 1 . Authorizes municipalities to permit Park Boards to construct surface and elevated ways. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly : That any city, town or village may l)y ordinance duly passed grant to any commission or board having jurisdiction over parks and boulevards the right to take and improve by means of surface or elevated ways for vehicles and pedes- trians a street or streets not more than one mile in length in any one instance, and for that ^Durpose to construct, maintain and control all approaches, in- clines and superstructures convenient or necessary for the purpose aforesaid. This act shall not operate to repeal any acts heretofore passed by the General As- sembly regarding public parks and boulevards, or the control and maintenance thereof, but shall be held to grant additional and supplementary power in relation thereto. 9C STATUTES. AN ACT AUTHORIZING CITIES, TOWNS AND VILLAGES TO CONSTRUCT AND MAINTAIN SURFACE AND ELEVATED WAYS, AND TURN THE SAME OVER TO PUBLIC PARK CORPORATE AUTHORITIES. [APPROVED MAY 25, 1907.] Section 1. Authorizes municipalities to construct and maintain elevated ways and approaches and turn them over to park boards. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any city, town or village may con- struct and maintain an elevated way in or upon any street, and construct and maintain all necessary ap- ]iroaches, inclines and superstructures, and may by ordinance authorize any commission or board having jurisdiction of a public park or parks to take over, maintain and control any street or way, incline, ap- proach or superstructure therein upon terms fixed by such ordinance. AN ACT TO AUTHORIZE THE CONFINEMENT IN HOUSES OF CORRECTION OF PERSONS CONVICTED OF THE VIO- LATION OF ORDINANCES OF PUBLIC PARK CO^IMIS- SIONERS. [APPROVED MAY 25, 1907.] Section 1. Agreements with municipal authorities for use of houses of correction. Be it enacted by the People of the State of Illinois, represented in the Gen- eral Assembly : That ever\- Board of Public Park Com- missioners in this State shall have full power and au- thority to enter into an agreement with the legislative authorities of any city, town or village in the county in which the park system under the control of such Board of Public Park Commissioners may be situated, or with anv authorized officer thereof in behalf of such STATUTES. 97 city, town or village which now has or which may here- after have a house of correction, to receive and keep in said house of correction any person or persons who may be sentenced or committed thereto by any court in such county for the violation of any ordinance of said Board of Public Park Commissioners, or failure to pay the tine imposed for such violation. Sec. 2. Commitments by court. After such agree- ment shall have been entered into it shall be the duty of the court finding any person guilty of the violation of any ordinance of any such Board of Public Park Commissioners punishable by imprisonment to sen- tence the person so found guilty to such house of correction, and for the violation of any ordi- nance of such Board of Public Park Commis- sioners punishable by fine, it shall be the duty of the court to commit any person who shall not forthwith pay any fine so imposed by the said court, to the said house of correction, there to be received and kept for the time and in the manner prescribed by law, and subject to the discipline of said house of cor- rection, and it shall be the further duty of said court by warrant of commitment duly issued to cause such person so sentenced or committed to be forthwith con- veyed by some proper officer to said house of correc- tion. Sec. 3. Conveying and delivering" prisoners — Com- pensation. It shall be the duty of the officer to whom such warrant of commitment is delivered to convey such person so sentenced or committed to the said house of correction, and there deliver such person to the keeper or other proper officer of said house of correc- tion, whose duty it shall be to receive such person so 98 STATUTES. sentenced or committed and to safely keep and em- ploy such person for the term mentioned in the war- rant of commitment, according to the laws of said house of correction; and the officer thus conveying and so delivering the person so sentenced or committed shall be allowed such fees, as compensation therefor, as are or shall be prescribed or allowed by law. Sec. 4. Emergency. "Whereas, In some of the park systems in this State there is no authority for the mak- ing of the contract hereinbefore authorized, therefore an emergency is declared to exist, and this act shall be in force from and after its passage. AN ACT PROVIDING FOR THE SALARIES OF FARK SECRE- TARIES. [APPROVED MAY 27, 1907.] Section 1. Salary of Secretary of Park Board of two or more towns. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the Secretary of any Board of Park Commissioners who have been by law declared to be the corporate au- thorities of two or more towns for park purposes, may receive such salary for his services as said board shall from time to time determine, not exceeding, however, the sum of five thousand dollars ($5,000) per annum. AN ACT TO PROVIDE FOR THE PUNISHMENT OF PERSONS VIOLATING ANY OF THE ORDINANCES OF THE SEV- ERAL BOARDS OF PUBLIC PARK COMMISSIONERS IN THIS STATE. [APPROVED DECEMBER 24, 1907.] Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in all actions for the violation of any ordinance of any Board of Public Park Commissioners, organized under STATUTES. 99 any general or special law of this State, the first pro- cess shall be a summons: Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof ; and any person arrested upon such warrant shall, without un- necessary delay, be taken before the proper judicial officer in the county within which is situated the park system under the control of any such Board of Public Park Commissioners, to be tried for the alleged of- fense. Any person upon whom any fine or penalty shall be imposed maj^, upon the order of the court or magis- trate before whom the conviction is had, be committed to the county jail or the city prison, house of correction, or other place in said county, provided by such Public Park Commissioners, or as may be designated by them, for the in- carceration of such offenders until such fine, penalty and costs shall be fully paid : Provided, how- ever, that no such imprisonment shall exceed six months for any one offense. Every person so com- mitted shall be required to work at such labor as his or her strength will permit, within and without such prison, house of correction, or other place provided for the incarceration of such offenders, as aforesaid, not to exceed ten hours each working day ; and for such work the person so employed or worked shall be al- lowed, exclusive of his or her board, the sum of fifty cents for each day's work, on account of such fine and costs. Sec. 2. Whereas, an emergency exists, this act shall be in force from and after its passage. STREETS AND BOULEVAEDS. CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND IMPROVE MICHIGAN AVENUE FROM THE SOUTH LINE OF JACKSON STREET TO THE SOUTH LINE OF THIRTY-FIFTH STREET, AND THIRTY-FIFTH STREET FROM THE EAST LINE OF MICHIGAN AVE- NUE TO THE EAST LINE OF GRAND BOULEVARD. [PASSED AND IN FORCE JUNE 23, 1879.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That whereas, the General Assembly has passed a certain act which was dnly approved April 9, A. D. 1879, and whicli, with the title thereto, is in the words and figures following: (See Act of the General Assemblj" approved April 9th, A. 1). 1879.) And whereas, the Board of South Park Commission- ers are about selecting and taking for the use and pur- pose in the said act mentioned that part of Michigan avenue extending from the south line of Jackson street to the south line of Thirty-fifth street, and that part of Thirty-fifth street extending from the east line of Mich- igan avenue to the east line of the Grand boulevard, and the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on each of the said streets as far as taken or proposed to be taken by said board having been obtained, consent is hereby given and granted to the said Board of South Park Commissioners to take, regulate, control and im- l^rove the before described parts of Michigan avenue .and Thirty-fifth street respectively, in manner and form (100) STREETS AND BOULEVARDS. 101 provided in the said act of the Greneral Assembly. And full ])ower and authority is hereby granted to said Board of Park Commissioners to control, improve and maintain the parts of said streets so to be taken as aforesaid for the purpose of carrying out the provis- ions of the said act of the General Assembly: Pro- vided, however, that nothing in this ordinance con- tained shall be construed as a waiver or relinquish- ment l)y or on the part of the said city of any of its rights or powers in relation to the laying of water and gas mains and pipes and the building and repair- ing of sewers, tunnels and drains in said streets, and the regulating of openings for the same. All powers which said city now has in relation to water and gas mains, pipes and sewers and their connections and the regulation of the same, and the openings for the same in the streets and alleys of said city being hereby ex- pressly reserved as to the said parts of Michigan ave- nue and Thirty-fifth street in as ample a manner as if the aforesaid consent were not given. Amendment, provided, that the estimated costs of said first im- provement shall include a sum sufficient to lay a pave- ment of the best quality, stone curbing, a permanent sidewalk of uniform width, and such shade trees, shrubbery, additional lamp posts, and other additions as may l)e deemed necessary to make the same in every respect a thoroughly finished boulevard. Sec. 2. Unless the said Board of Park Commission- ers shall within thirty days from the approval hereof, select and take the said parts of streets for the pur- poses aforesaid, this ordinance shall cease to be of any 102 STREETS AND BOULEVARDS. force or effect, and the consent given by section (1) aforesaid shall be deemed to be withdrawn. Sec. 3. This ordinance shall be in force from and after its passage. RESOLUTION OF THE SOUTH PARK COMMISSIONERS. [PASSED JULY 15, 1879.] Resolved, tiiat the Board of South Park Commission- ers do hereby select and take, in accordance with the act of the General Assembly of the State of Illinois, entitled, "An Act to enable Park Commissioners or corporate authorities to take, regulate, control and im- prove public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on contiguous property," approved and in force April 9th, 1879; that part of Michigan avenue extending from the south line of Jackson street to the south line of Thirty-fifth street, and that part of Thirty-fifth street extending from the east line of Michigan ave- nue to the east line of Grand boulevard, in the City of Chicago, County of Cook and State of Illinois, being parts of connecting streets leading to and connecting with the South Park, the consent of the corporate authorities of the City of Chicago having been ob- tained and the consent in writing of the owners of a majority of the frontage of all lots and lands abutting on said streets as far as taken, having been obtained as required by said act. STREETS AND BOULEVARDS. 103 HYDE PARK ORDINANCE GIVING CONSENT TO THE BOARD OF SOUTH PARK COMMISSIONERS TO TAKE, REGU- LATE, CONTROL AND IMPROVE MICHIGAN AVENUE FROM THE CENTER LINE OF THIRTY-NINTH STREET TO THE NORTH LINE OF FIFTY-FIFTH STREET, PUR- SUANT TO THE ACT OF THE GENERAL ASSEMBLY PASSED APRIL 9, A. D. 1879. [PASSED JULY 26, 1884.] BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HYDE PARK: Section 1, That, whereas, the General Assembly has passed a certain act, which was duly approved April 9th, A. D. 1879, and which, with the title thereto, is in the words and figures following: (See act of General Assembly, approved April 9, 1879.) And wliereas, the Board of South Park Commission- ers are about selecting and taking for the uses and pur- poses in the said act mentioned, that part of Michigan avenue extending from the center line of Thirty-ninth street to the north line of Fifty-fifth street, or Garfield Boulevard, and the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on said Michigan avenue so far as taken or proposed to be taken by said board having been ob- tained, consent is hereby given and granted to the said Board of South Park Commissioners to take, regulate, control and improve the before described part of Michigan avenue in manner and form provided in the said act of the General Assembly. Provided, however, that nothing in this ordinance contained shall be construed as a waiver or relinquish- ment l)y or on the part of said village of any of its rights or powers in relation to the laying of water or gns mains and pipes and the building and repairing 104 STREETS AND BOULEVARDS. of sewers in said street and the regulating of openings for the same. All powers which said village now has in relation to water and gas pipes and sewers and their connections and the regulation of the same and the openings for the same in streets and alleys of said village being hereby expressly reserved as to the said part of Michigan avenne in as ample a manner as if the aforesaid consent were not given. Provided that the estimated cost of said first im- provement shall iuclnde a sum sufficient to lay a pave- ment of the best quality, stone curbing, a permanent sidewalk of uniform width, and such shade trees, shrubbery, additional lamp posts, and other additions as may be deemed necessary to make the same in every respect a thoroughly finished boulevard. Provided further, that said Board of South Park Commissioners shall not in any one year make an as- sessment for the improvement hereby contemplated of more than half a mile in length of said portion of said Michigan avenue, and said improvement to be com- menced at Thirty-ninth street and continued in contin- uous order to the south. And provided further that no improvement shall be made on any portion of said avenue described herein until the sewers, gas pipes and water pipes shall have been, constructed and laid. And provided further that no assessment shall be made for the improvement of any portion of said ave- nue south of Thirty-ninth street until an assessment shall have been made for the improvement thereof be- tween Thirty-ninth and Thirty-fifth streets. Sec. 2. Unless the said Board of Park Commission- ers shall, within six months from the approval hereof. STREETS AND BOULEVARDS. 105 select and take the said part of said street for the pur- pose aforesaid, this ordinance shall cease to be of any force or effect, and the consent hereby given by sec- tion 1 aforesaid shall be deemed to be withdrawn. RESOLUTION OF THE SOUTH PARK COMMISSIONERS. [PASSED DECEMBER 31, 1884.] Resolved, That this Board does now select and take that part of Michigan avenue lying between the south line of Thirty-fifth street and the north line of Fifty- fifth street for the purpose of making the same a boule- vard or driveway, in accordance with the laws of the State of Illinois and the ordinances of the City of Chi- cago and the Village of Hyde Park. CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE BOARD OF SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND IMPROVE MICHIGAN AVE- NUE FROM THE SOUTH LINE OF THIRTY-FIFTH STREET TO THE CENTER LINE OF THIRTY-NINTH STREET, PURSUANT TO THE ACT OF THE GENERAL AS- SEMBLY PASSED APRIL 9TH, A. D. 1879. [PASSED AND IN FORCE OCTOBER 17, 1884.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section 1. That, whereas, the General Assembly has passed an act which was duly approved April 9, A. D. 1879, and which with the title thereto is in the words and figiires following: (See act of General Assembly approved April 9, 1879.) And whereas, the Board of South Park Commission- ers are about selecting and taking for the uses and pur- poses in the said act mentioned, that part of Mich- 106 STEEETS AXD BOULEVARDS. igan avenue extending from the south line of Thirt}^- fifth street to the center line of Thirty-ninth street, in the City of Chicago, and a consent in vrriting of a majority of the frontage of the lots and lands abutting on said Michigan avenue so far as taken, or proposed to be taken by said board, having been obtained, and the Village of Hyde Park having given and granted consent to said Board of South Park Commissioners to take, regulate and control and improve that part of Michigan avenue extending from the center line of Thirty-ninth street to the north lind ol Fifty-fift]\ street or Grariield boulevard. Now, therefore, consent is hereby given and granted to this said Board of South Park Commissioners to take, regulate, control and improve the before de- scribed part of Michigan avenue, located between the south line of Thirty-fifth street and the center line of Thirty-ninth street, in the City of Chicago, in manner and form provided in this said act of the General As^ sembly, for the purpose of connecting the City of Chi- cago at the intersection of Michigan avenue and Thirty- fifth street with said Garfield boulevard. Provided, however, that nothing in this ordinance contained, shall be construed as a waiver or relin- quishment by or on the part of said city of any of its rights or powers in relation to the laying of water pipes or gas mains and pipes and the building and re- pairing of sewers in said Michigan avenue, and the regulating of openings for the same. All powers which said city now has in relation to water and gas pipes and sewers and their connections, and the regulation of the same, and the openings for the same in streets and alleys of said city, being hereby expressly re- STREETS AND BOULEVARDS. 107 served as to the said part of Micliigan avenue iu as ample a mannner as if the aforesaid consent were not given. Provided that the estimated cost of said first im- provement shall include a sum sufficient to lay a pavement of the best quality, stone curbing, a perma- nent sidewalk of a uniform width, and such shade trees, shrubbery, additional lamp posts, and other addi- tions as may be deemed necessary to make the same in every respect a thoroughly finished boulevard. Sec. 2. Unless the said Board of South Park Com- missioners shall within six months from the approval hereof, select and take the said part of Michigan avenue for the purpose aforesaid, this ordinance shall cease to be of any force or effect and the consent here])y given by section (1) aforesaid shall be deemed to be withdrawn. Sec. 3. This ordinance shall be in force from and after its passage. CITY OF CHICAGO ORDINANCE TO ENABLE THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND IMPROVE EAST JACKSON STREET, FROM THE EAST LINE OF THE CHICAGO RIVER TO THE WEST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHI- CAGO, IN THE CITY OF CHICAGO, AND STATE OF ILLI- NOIS. [PASSED MAY 18, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That, whereas, the General Assembly of the State of Illinois has passed an act entitled "An Act to enable park commissioners or park authorities to take, regulate, control and improve public streets 10'8 STREETS AND BOULEVARDS. and to pay for tlie improvement thereof," approved Jmie 21, 1895, in force July 1, 1895; and "Whereas, The Board of South Park Commissioners are about selecting and taking for the uses and pur- poses in said act mentioned, that part of East Jackson street extending from the east line of the Chicago Eiver to the west line of Michigan avenue, in the Town of South Chicago, in the City of Chicago: Now, therefore, the consent of the corporate authori- ties having control of said street be, and the same is hereby given and granted to the said South Park Com- missioners to take, regulate, control and improve the before described part of East Jackson street, between the east line of the Chicago Eiver and the west line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, in manner and form provided in said act of the General Assembly, for the purpose of form- ing a boulevai'd connection between the park system in said Town of South Chicago and the park system in the Town of West Chicago, both of said park systems being in the City of Chicago. Sec. 2. It is expressly provided, however, that while the consent and authority of the city is hereby given to said South Park Commissioners to take, regulate, control and improve said street for boulevard purposes, said South Park Commissioners shall permit, with reasonable regulation, the use of said street hereinbe- fore descrilied for traffic teaming on said roadway for the use and benefit of the abutting owners of said prop- erty, any rule, regulation or ordinance of said South Park Commissioners to the contrary notwithstanding: and. Provided further, that this ordinance, and the con- sent hereby given, is npon the express condition prece- STREETS AND BOULEVARDS. 109 dent tliat said South Park C'ouimissiouers, or their suc- cessor, or successors, shall never grant or permit the construction of any railroad track or tracks of any kind in, along' or upon any part of said street hereby granted. Sec. 3. It is also expressly provided that nothing in this ordinance contained shall be construed as a waiver or relinquishment on the part of said city of any of its rights or powers in relation to the laying of water sup- ply pipes and the building and repairing of sewers and the regulation of openings for the same in said East Jackson street. All powers which the city now has in relation to water and gas pipes and sewers and their connections, and the regulation of the same and the openings of the same in the streets and alleys in said street, are hereby expressly reserved to the city as to that part of East Jackson street, in as ample a manner as if the aforesaid consent were not given. And Provided further, that nothing in this ordinance contained shall be construed as a waiver or relinquish- ment on the part of said city of any of its rights in and to any of the underground pipes now in said street. Sec. 4. Unless said Board of South Park Commis- sioners shall within six (6) months from the approval hereof, select, take and accept said East Jackson street in manner and form as by law provided and upon the terms and conditions aforesaid, then this ordinance to be of no force or eifect, and the consent hereby given shall be deemed to be withdrawn. Sec. 5. This ordinance shall be in force from and after its passage. 110 STREETS AND BOL^LEVARDS. CITY OF CHICAGO AN ORDINANCE TO AMEND SECTION ONE (1) OF AN ORDINANCE ENTITLED "AN ORDINANCE TO ENABLE THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND niPROVE EAST JACK- SON STREET, FROM THE EAST LINE OF THE CHICAGO RIVER TO THE WEST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHICAGO, IN THE CITY OF CHI- CAGO AND STATE OF ILLINOIS," PASSED MAY IS, 1896. [PASSED OCTOBER 19, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That section one (1) of an ordinance en- titled "An ordinance to enable the South Park Commis- sioners to take, regulate, control and improve East Jackson street, from the east line of the Chicago Eiver to the west line of Michigan avenue, in the Town of South Chicago, in the City of Chicago and State of Illi- nois," passed May 18th, 1896, be amended so as to read as follow^s, to-wit : Section 1. That, whereas, the General Assembly of the State of Illinois has passed an act entitled "An act to enable park commissioners or park authorities to take, regulate, control and improve public streets and to pay for the improvement thereof," approved June 21, 1895, in force July 1, 1895; and Whereas, The Board of South Park Commissioners are about selecting and taking for the uses and pur- jioses in said act mentioned, that part of East Jackson street extending from the east line of the Chicago River to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago: Now, therefore. The consent of the corporate author- ities having control of said street be and the same is STREETS AND BOULEVARDS. 11] hereby given and granted to said South Park Commis- sioners to take, regulate, control and improve the be- fore described part of East Jackson street, between the east line of the Chicago Eiver and the east line of Mich- igan avenue, in the Town of South Chicago, in the City of Chicago, in manner and form provided in said act of the General Assembly for the purpose of forming a boulevard connection between tlie park system in the Town of South Chicago and the park system in the Town of West Chicago, both of said park systems be- ing in the City of Chicago. Sec. 2. This ordinance shall be in force from and after its passage. AN ORDINANCE SELECTING AND TAKING JACKSON STREET, FROM THE EAST LINE OF THE CHICAGO RIVER TO THE EAST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHICAGO, IN THE CITY OF CHICAGO. [PASSED NOVEMBER IS, 1896.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, the owners of a majority of the lots and lands abutting on Jackson street from the east line of the Chicago Eiver to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, and within the South Park District, have filed with the South Park Commissioners their consents respectively in writing, that the South Park Commissioners may select and take said Jackson street from the east line of Michigan avenue to the Chicago River, in accordance with the statute in such case made and provided. And, whereas, the City Council of the City of Chi- cago, which is the proper corporate authority of said 112 STREETS AND BOULEVABDS. City, Laving control of such street, has, by proper ordi- nance passed on the 18th day of May, 1896, as amended by an ordinance passed on the 19th day of October, 1896, consented that the South Park Commissioners may select and take said Jackson street from the east line of the Chicago River to the east line of Michigan avenue, in accordance with the provisions of the acts of the Legislature of the State of Illinois, upon the con- ditions in said ordinance set forth. And, whereas, the City Council of the City of Chi- cago, as an inducement to the South Park Commis- sioners to select and take said part of said Jackson street, has by an ordinance duly passed, agreed that if the said South Park Commissioners shall select and take that part of said Jackson street as aforesaid, the City of Chicago will furnish to the South Park Com- missioners the water needed to be used in connection with the parks and boulevards under the control of the South Park Commissioners, free of expense, but sub- ject to such reasonable regulations and rules concern- ing the use thereof, as may be provided from time to time by the Commissioner of Public Works of the City of Chicago. Now, therefore, Jackson street from the east line of the Chicago Eiver to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, and in the South Park District, is hereby selected and taken by the South Park Commissioners, and full power and authority to regulate, control, improve and main- tain said part of said Jackson street so selected and taken as aforesaid, are hereby vested in and assumed by the South Park Commissioners ; provided, however, that the selection and taking of the said part of said STREETS AND BOULEVARDS. 113 Jackson street is, nevertheless, upon the terms and con- ditions set forth in the said ordinance of the City Coun- cil of the City of Chicago passed on the 18th day of May, 1896, and that nothing in this ordinance contained shall be construed as a waiver or relinquishment by or on the part of the City of Chicago of any of its rights or powers in relation to the laying of water mains and pipes and connections therewith, and the construction of sewers and drains in said street, and the regulating of openings for the same, or the repair of said water mains, pipes, sewers or drains in said street, and all powers that the City of Chicago now has in relation to the water mains, pipes and sewers and their connec- tions, and all underground pipes now in said street, and the regulation of the same, and the oj^enings for the same in the streets of said city, are hereby expressly reserved to said City as to that part of said Jackson street hereinabove selected and taken by the South Park Commissioners. Sec. 2. This ordinance shall be in force from and after its passage. RESOLUTION, PASSED NOVEMBER ISTH, 1896. Whereas, The South Park Commissioners has, by ordinance duly passed on this date, selected and taken Jackson street, in the City of Chicago, from the east line of the Chicago River to the east line of Michigan avenue, in accordance with the ordinance passed by the City Council of the City of Chicago, on the eighteentn day of May, 1896, as amended by an ordinance passed on the nineteenth day of October, 1896, Xow, therefore, be it resolved, that the South Park 114 STREETS AND BOULEVAEDS. C'oiiimissioners hereby accept that part of said Jackson street aforesaid in accordance with said ordinance passed by the City Council of the City of Chicago. AGREEMENT EXECUTED BY DIRECTION OF THE SOUTH PARK COMMISSIONERS AT ITS MEETING ON NOVEMBER IS, 1896. In consideration of the approval by the mayor of the City of Chicago, concurrently with the execution and delivery of this agreement, of an ordinance passed by the City Council of said city at its meeting on the 16th day of November, making qualified provision for a free supply of water to the South Park Commissioners by said city, it is hereb}^ agreed by said South Park Com- missioners that they will expend not less than twenty thousand dollars ($20,000) hereafter in each year from the date hereof for the maintenance and improvement of that portion of Jackson street in said ordinance men- tioned that at any time hereafter, when requested so to do by the comptroller of said city, they will make and submit to said comptroller statements showing their expenditures from time to time on account of said portion of said Jackson street that said ordinance shall be considered l)inding and effectual against said city (notwithstanding the taking of said Jackson street by said South Park Commissioners) only so long as said South Park Commissioners shall fully comply with the terms of this agreement, and that upon failure of said South Park Commissioners to carry out this agreement said city shall be considered free to repeal or rescind said ordinance and to discontinue the free supply of water to said South Park Commissioners, and in such STREETS AND BOULEVAKDS. 115 event said South Park Commissioners will not in any way resist such action upon the part of said city. This agreement shall be delivered to the mayor of said city concurrently with his approval of said ordi- nance, and shall be fully binding and effectual against said South Park Commissioners upon such approval. CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE SOUTH PARK COMMISSIONERS TO ABANDON THIRTY- FIFTH STREET BOULEVARD, FROM MICHIGAN AVENUE TO GRAND BOULEVARD, AND TO SELECT AND TAKE SOUTH PARK AVENUE, FROM THIRTY-FIFTH STREET TO THIRTY-THIRD STREET, AND THIRTY-THIRD STREET, FROM SOUTH PARK AVENUE TO MICHIGAN AVENUE BOULEVARD, AND AS A SUBSTITUTE FOR BOULEVARD CONNECTION BETWEEN GRAND BOULE- VARD AND MICHIGAN AVENUE BOULEVARD UPON ABANDONING SAID THIRTY-FIFTH STREET. [PASSED FEBRUARY 28, 1898.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That consent be and is hereby given that South Park avenue, from the south line of Thirty- fifth street to the north line of Thirty-third street, and Thirty-third street, from the east line of South Park avenue to the east line of Michigan avenue boulevard, be selected and taken by the South Park Commissioners for a boulevard connection between Grand boulevard and Michigan avenue boulevard, in accordance with the provisions of the acts of the Leg- islature of the State of Illinois ; and said South Park Commissioners shall have full power and authority to regulate, control, improve and maintain the parts of said streets so to be taken as aforesaid for boulevard 116 STREETS AND BOULEVARDS. connections; provided, liowever, that nothing in this ordinance contained shall be construed as a waiver or relinquishment by or on the part of the City of Chicago of any of its rights or powers in relation to the laying of water mains and pipes and connections therewith, and the construction of sewers and drains in said city, and the regulating of openings for the same, or the repairing of water mains, pipes, sewers, or drains in said streets, and all powers that the City of Chicago how has in relation to water mains, pipes and sewers and their connections and the regulation of the same and the openings of the same in the streets of said city, are hereby expressly reserved to said city as to the parts of said streets hereinabove author- ized to be selected and taken by the South Park Com- missioners for boulevard connections. Sec. 2, That consent be and is hereby given that Thirty-fifth street boulevard, between the west line of Grand boulevard and the east line of Michigan avenue boulevard, be abandoned and surrendered over by the South Park Commissioners to the City of Chicago, and the proper corporate authorities thereof; and the City of Chicago hereby agrees upon the abandonment and surrender of said Thirty-fifth street as aforesaid by the South Park Commissioners, to assume and ex- ercise control and jurisdiction over the same. Sec. 3. This ordinance shall be in force from and after its passage. STBEETS AND BOULEVARDS. 117 AN ORDINANCE ABANDONING AND SURRENDERING OVER TO THE CITY OF CHICAGO THIRTY-FIFTH STREET, FROM THE EAST LINE OF MICHIGAN AVENUE TO THE WEST LINE OF GRAND BOULEVARD, AND SELECTING AND TAKING IN PLACE THEREOF, THIRTY-THIRD STREET, FROM THE EAST LINE OF MICHIGAN AVENUE TO THE EAST LINE OF SOUTH PARK AVENUE, AND SOUTH PARK AVENUE, FROM THE NORTH LINE OF THIRTY-THIRD STREET TO THE SOUTH LINE OF THIRTY-FIFTH STREET, IN THE CITY OF CHICAGO. [PASSED JUNE 8, 1898.] ^ Council of the City of Chicago has, by ordinance consented that Thirty-third street, between the east line of Michigan avenue and the east line of South Park avenue, and South Park avenue, be- tween the north line of Thirty-third street and the south line of Thirty-fifth street, be selected and taken in place of said portion of Thirty-fifth street so to be abandoned and surrendered over; and whereas con^ sent, in writing, to the selecting and taking of said portion of Thirty-third street, has been obtained from the owners of a majority of the frontage of the lots and lands abutting upon said portion of Thirty-third 118 STREETS AND BOULEVARDS. street, and consent, in writing, to the selecting and taking of said portion of South Park avenue, has been obtained from the owners of the majority of the front- age of the lots and lands abutting upon said portion of South Park avenue. Now, therefore. Thirty-fifth street, from the east line of Michigan avenue to the west line of Grand boule- vard, is hereby abandoned and surrendered over to the proper corporate authorities of the City of Chicago. Sec. 2. And Thirty-third street, from the east line of Michigan avenue to the east line of South Park ave- nue, and South Park avenue, from the north line of Thirty-third street to the south line of Thirty-fifth street; be and the same are hereby selected and taken in place of said portion of Thirty-fifth street hereby abandoned and surrendered over, and full power and authority to regulate, control, improve and maintain said portions of Thirty-third street and South Park avenue so selected and taken, as aforesaid, are hereby vested in and assumed by said South Park Commissioners ; Provided, however, that the selecting and taking of said portions of Thirty-third street and South Park avenue, is nevertheless upon the terms and conditions set forth in the said ordinance of the City of Chicago, giving consent to such abandonment of Thirty-fifth street, as aforesaid, and to the selecting and taking of said portions of Thirty-third street and South Park avenue, as aforesaid. Sec. 'S. This ordinance shall be in force from and after its passage. STREETS AND BOULEVARDS. 119 CITY OF CHICAGO ORDINANCE FOR THE BOULEVARDIiNG OF SIXTEENTH STREET, FROM MICHIGAN BOULEVARD TO PRAIRIE AVENUE; PRAIRIE AVENUE, FROM SIX- TEENTH STREET TO TWENTY-NINTH STREET; TWEN- TY-NINTH STREET, FROM PRAIRIE AVENUE TO SOUTH PARK AVENUE, AND SOUTH PARK AVENUE, FROM TWENTY-NINTH STREET TO THIRTY-THIRD STREET. [PASSED ON THE 30TH DAY OF OCTOBER, 1905.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section 1. That consent and authority be and tliey are hereby given and granted to the South Park Com- missioners to select, take, regulate, improve and con- trol the following portions of the following named streets situated in the South Division of the City of Chicago, to-wit: Sixteenth street, from the east line of Michigan boulevard to the east line of Prairie avenue; Prairie avenue, from the north line of Sixteenth street to the south line of Twenty-ninth street; Twenty-ninth street, from the west line of Prairie avenue to the east line of South Park avenue; South Park avenue, from the north line of Twenty-ninth street to the south line of Thirty-third street ; for joark and boulevard purposes, in order to connect Michigan boulevard and the central portion of the City of Chicago with the South Park, all in accordance with an Act entitled, ''An Act to enable Park Commissioners or cor- porate authorities to take, regulate, control and improve public streets leading to public parks; to pay for the improvement thereof, and in that be- half to make and collect a special assessment, or 120 STREETS AND BOULEVARDS. special tax on contiguous property; approved April 9, 1879;" and jurisdiction over said portions of said streets and avenues is liereby granted to said South Park Commis- •sioners, under the authority of said act; provided, however, that nothing in this ordinance shall be con- strued as waiving or relinquishing any of the rights or powers of the City of Chicago in relation to laying water and gas mains and pipes, and building and re pairing sewers and drains in said portions of said streets and avenues, and regulating the openings for the same; all powers which the City of Chicago now has, in relation to the laying, maintaining and con- trolling of water and gas mains and pipes, and sewers and drains and the openings for the same, being liereby expressly reserved. Sec. 2. Unless said South Park Commissioners shall, within six (6) months from the passage of this ordinance, select and take said portions of said streets and avenues for the purposes aforesaid, this ordinance shall cease to be of any force or etfect. Sec. 3. This ordinance shall be in force from and after its passage. STREETS AND BOULEVARDS. 121 CITY OF CHICAGO ORDINANCE TO AMEND A CERTAIN ORDINANCE ENTITLED "AN ORDINANCE FOR THE BOULEVARDING OF SIXTEENTH STREET, FRO^I ^IICH- IGAN BOULEVARD TO PRAIRIE AVENUE; PRAIRIE AVE- NUE, FROM SIXTEENTH STREET TO TWENTY-NINTH STREET; TWENTY-NINTH STREET, FROM PRAIRIE AVE- NUE TO SOUTH PARK AVENUE, AND SOUTH PARK AVENUE, FROM TWENTY-NINTH STREET TO THIRTY- THIRD STREET," PASSED BY THE CITY COUNCIL OF THE CITY OF CHICAGO, ON THE THIRTIETH DAY OF OCTOBER, A. D. 1905. [PASSED ON THE 22ND DAY OF JANUARY, 1906.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section 1. That the certain ordinance entitled "An Ordinance for the boulevarding of Sixteenth street, from Michigan bonlevard to Prairie avenne; Prairie avenue, from Sixteenth street to Twenty-ninth street ; Twenty-ninth street, from Prairie avenue to South Park avenue, and South Park avenue, from Twenty- ninth street to Thirty-third street," passed by the City Council of the City of Chicago, on the thirtieth day of October, A. I). 1905, be, and the same hereby is amended by striking therefrom the words contained in Section 1 thereof, as follows: ''With the South Park, all in accordance with an Act entitled 'An Act to enable Park Commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax, on contiguous property; approved April 9, 1879,' " said words being embraced in lines 1 to 11, inclusive, in the left-hand column of page 1390 of the official record of the meeting of the 122 STREETS AND BOULEVARDS. City Council of the City of Chicago, held on the thir- tieth day of October, A. D. 1905; and by inserting in the place and stead of the words so stricken out, the words ''and that portion of the City of Chicago lying east of Michigan boulevard and between Sixteenth street and Thirty-third street, with the South Park." CITY OF CHICAGO ORDINANCE TO AMEND A CERTAIN ORDINANCE ENTITLED "AN ORDINANCE FOR THE BOULEVARDING OF SIXTEENTH STREET, FROM MICH- IGAN BOULEVARD TO PRAIRIE AVENUE; PRAIRIE AVE- NUE, FROM SIXTEENTH STREET TO TWENTY-NINTH STREET; TWENTY-NINTH STREET, FROM PRAIRIE AVE- NUE TO SOUTH PARK AVENUE, AND SOUTH PARK AVENUE, FROM TWENTY-NINTH STREET TO THIRTY- THIRD STREET," PASSED BY THE CITY COUNCIL OF THE CITY OF CHICAGO ON THE THIRTIETH DAY OF OCTOBER, A. D. 1905, AND AMENDED BY THE CITY COUNCIL OF THE CITY OF CHICAGO ON THE TWENTY- SECOND DAY OF JANUARY, A. D. 1906. [PASSED THE 7TH DAY OF APRIL, 1906.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That the certain ordinance entitled "An ordinance for the boulevarding of Sixteenth street, from Michigan boulevard to Prairie avenue; Prairie avenue, from Sixteenth street to Twenty-ninth street; Twenty-ninth street, from Prairie avenue to South Park avenue, and South Park avenue, from Twenty- ninth street to Thirty-third street," passed by the City Council of the City of Chicago on the thirtieth day of October, A. D. 1905, and amended by the City Council of the City of Chicago on the twenty-second day of January, A. D. 1906, be and the same hereby is STEEETS AND BOULEVARDS. 123 amended by striking tlierefrom the word and fignre ''six (6)," contained in Section 2 thereof, said word and fignre being embraced in line 32 in the left hand colnmn of page 1390 of the Official Record of the meet- ing of the City Oonncil of the City of Chicago, held on the thirtieth day of October, A. D. 1905, and by in- serting in the place and stead of the word and fignre so stricken out the word and figure ''twelve (12)," so that said Section 2 shall read as follows : "Sec. 2. Unless said South Park Commissioners shall, within twelve (12) months from the passage of this ordinance, select and take said portions of said streets and avenues for the purposes aforesaid, this ordinance shall cease to be of any force or effect." BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, The owners of a majority of the frontage of the lots and lands abutting on Six- teenth street from the east line of Michigan boulevard 1o the east line of Prairie avenue, on Prairie avenue from the north line of Sixteenth street to the south line of Twenty-ninth street, on Twenty-ninth street from the west line of Prairie avenue to the east line of South Park avenue, on South Park avenue from the north line of Twenty-ninth street to the south line of Thirty-third street, in the Town of South Chicago, in the City of Chicago, and within the South Park Dis trict, have filed with the South Park Commissioners, their consents respectively in writing, that the South Park Commissioners may select and take the said por- tions of the said streets and avenues as above de- 124 STEEETS AND BOULEIVARDS. scribed, in accordance with the statute in such case made and provided. And whereas, The City Council of the City of Chi- cago, which is the proper corporate authority of said City, having control of the aforesaid streets and ave- nues, has, by proper ordinance passed on the 30th day of October, 1905, as amended by an ordinance passed on the 22nd day of January, 1906, as further amended 1)y an ordinance passed on the 6th day of April, 1906, consented that the South Park Commissioners may select and take the aforesaid portions of the streets and avenues as above described, in accordance with the provisions of the acts of the Legislature of the State of Illinois, u])on the conditions in said ordinance set forth. Now, therefore. Sixteenth street from the east line of Michigan boulevard to the east line of Prairie ave- nue, Prairie avenue from the north line of Sixteenth street to the south line of Twenty-ninth street. Twenty- ninth street from the west line of Prairie avenue to the east line of South Park avenue, and South Park avenue from the north line of Twenty-ninth street to the south line of Thirty-third street, is hereby selected and taken by the South Park Commissioners, and full power and authority to regulate, control, improve, and maintain said portions of said streets and avenues so selected and taken as aforesaid, are hereby vested in and as- sumed by the South Park Commissioners, provided, however, that the selection and taking of the said parts of said streets and avenues is, nevertheless, upon the terms and conditions set forth in the said ordinance of the City Council of the City of Chicago passed on the 30th day of October, 1905, and that nothing in this STREETS AND BOULEVARDS. . 125 ordinance contained shall be construed as waiving or relinquishing any of the riglits or powers of the City of Chicago in relation to laying water and gas mains and pipes and building and repairing sewers and drains in said portions of said streets and avenues, and regu- lating the openings for the same; all powers which the City of Chicago now has, in relation to the laying, maintaining and controlling of water and gas mains and pipes, and sewers and drains and the openings for the same, being hereby expressly reserved to said City of Chicago as to those portions of the aforesaid streets and avenues hereinabove selected and taken by the South Park Commissioners, Sec. 2. This ordinance shall take effect and be in force from and after its passage. Passed October 24, 1906. CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, IMPROVE, CONTROL AND GOVERN LOOMIS STREET, BE- TWEEN GARFIELD BOULEVARD AND THE SOUTH LINE OF SIXTY-SEVENTH STREET, AND SIXTY-SEVENTH STREET, BETWEEN LOOMIS STREET AND THE WEST LINE OF CALIFORNIA AVENUE. [PASSED JUNE 17TH, 1907.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That consent is hereby given and granted to the South Park Commissioners to take, regulate, im- prove, control and govern Loomis street, between Gar- field boulevard and the south line of Sixty-seventh street, and Sixty-seventh street, between Loomis street and the west line of California avenue, as other parks 12() STREETS AND BOULEVARDS. and boulevards now under the control of said Commis- sioners. Sec. 2. That nothing in this ordinance contained shall be construed as a waiver or relinquishment by, or on the part of the City of Chicago, of any of its rights or powers in relation to the laying of water mains and pipes, and building and repairing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago, and regulating the openings for the same, and make other underground improvements in the same manner and to the same extent that the City of Chicago might heretofore have done in said portions of Loomis street and Sixty- seventh street. All powers which the City of Chicago now has in relation to water mains and pipes, building and re- pairing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago, and regu- lating the openings for the same, and make other un- derground improvements in streets and alleys of said city being hereby expressly reserved as to said portions of said streets in as ample a manner as if the afore- said consent were not given. Sec. 3. That unless the said South Park Commis- sioners shall within three (3) months from approval hereof, select and take said portions of said streets for the purpose aforesaid, this ordinance shall cease to be of any force or effect and the consent hereby given shall be deemed to l)e withdrawn. Sec. 4. This ordinance shall be in force from and after its passage. STREETS AND BOULEVARDS. 127 BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, The owners of a majority of the frontage of the lots and lands abutting on Loomis street, between Garfield boulevard and the south line of Sixty-seventh street, and Sixty-seventh street, be- tween Loomis street and the west line of California avenue, in the South Park District in the City of Chi- cago, Illinois, have filed with the South Park Commis- sioners, their consents respectively in writing, that the South Park Commissioners may select and take the said portions of the said streets as above described, in accordance with the statute in such case made and pro- vided. And whereas, The City Council of the City of Chi- cago, which is the proper corporate authority of said City, having control of the aforesaid streets and ave- nues, has, by proper ordinance passed on the 17th day of June, A. D. 1907, consented that the South Park Commissioners may select and take the aforesaid por- tions of the streets as above described, in accordance with the provisions of the acts of the Legislature of the State of Illinois, upon the conditions in said ordinance set forth. Now, therefore, Loomis street, between Garfield boulevard and the south line of Sixty-seventh street, and Sixty-seventh street, between Loomis street and the west line of California avenue, are hereby selected and taken by the South Park Commissioners, and full power and author- ity to regulate, control, improve and maintain said por- tions of said streets so selected and taken as aforesaid, are hereby vested in and assumed by the South Park 1-8 STEETTS AND BOULEVARDS. C'oinniissioiiers; provided, however, that the selection and taking of the said parts of said streets are, never- theless, npon the terms and conditions set forth m the said ordinance of the City Conneil of the City of Chi- cago passed on the ITtli day of Jnne, A. D. 1907. Sec. 2. That this ordinance shall take effect and be in force from and after its passage. Passed September 11, 1907. CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, IMPROVE, CONTROL AND GOVERN SIXTY-SEVENTH STREET, BETWEEN LOOMIS STREET AND THE EAST LINE OF NORMAL AVENUE, AND NORMAL AVENUE, BETWEEN SIXTY-SEVENTH STREET AND THE SOUTH LINE OF SEVENTY-SECOND STREET. [PASSED JUNE 17, 1907.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That consent is hereby given and granted to tlie South Park Commissioners to take, regulate, improve, control and govern Sixty-seventh street, be- tween Loomis street and the east line of Normal ave- nue, and Normal avenue, between Sixty-seventh street and the south line of Seventy-second street, as other parks and boulevards now under the control of said Commissioners. Sec. 2. That nothing in this ordinance contained shall be construed as a waiver or relinquishment by, or on the part of the City of Chicago, of any of its rights or powers in relation to the laying of water mains and pipes, and building and repairing sewers and drains, to lav electric or other wires owned or controlled bv STREETS AND BOULEVARDS. 129 the City of Chicago and regulating the openings for the same, and make other underground improvements in the same manner and to tlie same extent that the City of Chicago might heretofore have done in said por- tions of Sixty-seventh street and Normal avenue. All powers which the City of Chicago now has in relation to water mains and pipes, building and re- pairing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago, and regulating the openings for the same, and make other underground improvements in streets and alleys of said city being hereby expressly reserved as to said l)ortions of said streets in as ample a manner as if the aforesaid consent were not given. Sec. 3, That unless the said South Park Commis- sioners shall, within three (3) months from approval hereof, select and take said portions of said streets for the purpose aforesaid, this ordinance shall cease to be of any force or effect and the consent hereby given shall be deemed to be withdrawn. Sec. 4. This ordinance shall be in force from and after its passage. BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas. The owners of a majority of the frontage of the lots and lands abutting on Sixty- seventh street, between Looinis street and the east line of Normal avenue, and Normal avenue, be- tween Sixty-seventh street and the soutTi line of Seventy-second street, in the South Park Dis- trict, in the City of Chicago, Illinois, have filed with the South Park Commissioners, their con- 130 STREETS AND BOULEVARDS. sents respectively in writing, that tlie Sontli Park Commissioners may select and take the said portions of the said street and avenue as above described, in accordance with the statute in such case made and pro- vided. And whereas, The City Council of the City of Chi- cago, which is the proper corporate authority of said City, having control of the aforesaid streets and ave- nues, has, by proper ordinance passed on the ITtli day of June, A. D. 1907, consented that the Soutli Park Commissioners may select and take the afore- said portions of the street and avenue as above de- scribed, in accordance with the provisions of the Acts of the Legislature of the State of Illinois, upon the conditions in said ordinance set forth. Xow therefore, Sixtj^-seventh street, between Loomis street and the east line of Normal ave- nue, and Normal avenue, between Sixty-seventh street and the south line of Seventy-second street, are hereby selected and taken by the South Park Commissioners, and full power and authority to regiilate, control, improve, and maintain said por- tions of said street and avenue so selected and taken as aforesaid, are hereby vested in and assumed by the South Park Commissioners; provided, however, that the selection and taking of the said parts of said street and avenue are, nevertheless, upon the terms and con- ditions set forth in the said ordinance of the City Coun- cil of the City of Chicago passed on the 17th day of June, A. D. 1907. Sec. 2. That this ordinance shall take effect and be in force from and after its passage. Passed September 11, 1907. STREETS AND BOULEVARDS. 131 CITY OF CHICAGO ORDINANCE GIVING CONSENT TO THE SOUTH PARK CO^LMISSIONERS TO TAKE, REGULATE, IMPROVE, CONTROL AND GOVERN SIXTY-SEVENTH STREET, BETWEEN NORAIAL AVENUE AND THE EAST LINE OF SOUTH PARK AVENUE; SOUTH PARK AVENUE, BETWEEN SIXTY-SEVENTH STREET AND THE NORTH LINE OF SIXTY-SIXTH STREET, AND SIXTY-SIXTH STREET, BETWEEN SOUTH PARK AVENUE AND THE EAST LINE OF JACKSON PARK AVENUE. [PASSED ON THE 17TH DAY OF JUNE, 1907.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That consent is hereby given and granted to the South Park Commissioners to take, regulate, imj^rove, control and govern 67th street, l^etween Nor- mal avenue and the east line of South Park avenue; South Park avenue, between 67th. street and the north wud of 66th street, and 66tli street, l)etween South Park avenue and the east line of Jackson Park ave- nue, as other parks and boulevards now under the con- trol of said Commissioners. Sec. 2. That nothing in this ordinance contained shall ))e construed as a waiver or relin(iuishment by, or on the i)art of the City of Chicago, of any of its rights or powers in relation to the laying of water mains and pipes, and building and repairing sewers and drains, to lay electric or other wires owned or con- trolled by the City of Chicago and regulating the open- ings for the same, and make other underground im- provements in the same manner and to the same ex- tent that the City of Chicago might heretofore have done in said portions of 67tli street. South Park ave- nue and 66tli street. All powers which the City of Chicago now has in 132 STREiETS AND BOULEVARDS. relation to water mains and pipes, building and re- pairing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago, and regulating the openings for the same, and make other underground improvements in streets and alleys of said City being hereby expressly reserved as to said portions of said streets in as ample a manner as if the aforesaid consent were not given. Sec. 3. That unless the said South Park Commis- sioners shall, within three (3) months from approval hereof, select and take said portions of said streets for the purpose aforesaid, this ordinance shall cease to be of any force or effect and the consent hereby given shall be deemed to be withdrawn. Sec. 4. This ordinance shall be in force from and after its passage. BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That whereas. The owners of a majority of the frontage of the lots and lands abutting on 67t]i street, between Normal avenue and the east line of South Park avenue, on South Park avenue, between 67th street and the north line of 66tli street, and on 66th street, between South Park avenue and the east line of Jackson Park avenue, in the South Park Dis- trict in the City of Chicago, Illinois, have filed with the South Park Commissioners, their consents re- spectively in writing, that the South Park Commis- sioners may select and take the said portions of the said streets and avenue as above described, in ac- cordance with the statute in such case made and pro- vided. And whereas, The City Council of the City of Chi- STREETS AND BOULEVARDS. 133 eago, wliicli is the pi'oper eovporate autliority of said City, iiaviiig' control of tlie aforesaid streets and ave- nues, lias, by proper ordinance |)assed on the ITtli day of June, A. D. 1907, consented that the South Park Commissioners may select and take the aforesaid i)ortions of the streets and avenues as above described, in accordance with the provisions of tlie Acts of the Legislature of the State of Illinois, u})on the conditions in said ordinance set forth. No^v^ therefore, 67th street, between Normal ave- nue and the east line of South Park avenue; South Park avenue, between 67th street and the north line of 66th street, and 66tli street, between South Park ave- nue and the east line of Jackson Park avenue are hereby selected and taken by the South Park Com- missioners, and full ])0wer and authority to regulate, control, improve, and maintain said })ortions of said streets and avenue so selected and taken as afore- said, are hereby vested in and assumed by the South Park Commissioners; provided, however, that the se- lection and taking of the said parts of said streets and avenues are, nevertheless, upon the terms and con- ditions set forth in the said ordinance of the City Council of the City of Chicago pased on the 17th day of June, A. D. 1907. Sec. 2. That this ordinance shall take effect and be in force from and after its passage. Passed September 11, 1907. 134 STREETS AND BOULEVARDS. CITY OF CHICAGO ORDINANCE PLACING PART OF NOR- MAL AVENUE AND SIXTY-FIFTH STREET AND SIXTY- SEVENTH STREET UNDER CONTROL OF THE SOUTH PARK COMMISSIONERS, REFERRED AND PUBLISHED JULY 1ST. 1!»()T. [PASSED ON THE 8TH DAY OF JULY, 1907.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section 1. That consent is hereby given and granted to the Sonth Park Commissioners to take, regnhite, improve, control and govern that part of Normal ave- nue, between Garfield boulevard and Sixty-fifth street, Sixty-fifth street, between the west line of Normal avenue (as platted north of Sixty-fifth street), and the east line of Normal avenue (as platted south of Sixty-fifth street). Normal avenue, between Sixty- fifth street and Sixty-seventh street, and Sixty-seventh street, between the east line of Normal avenue (as platted north of Sixty-seventh street) and the west line of Nonnal avenue (as platted south of Sixty- seventh street), as other parks and boulevards now under the control of said Commissioners. Sec. 2. That nothing in this ordinance contained shall be construed as a waiver or relinciuishment l)y, or on the part of the City of Chicago, of any of its rights or powers in relation to the laying of water mains and pipes, and building and repairing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago and regulating the openings for the same, and make other underground improvements in the same manner and to the same extent that the City of Chicago might heretofore have STREETS AND BOULEVAEDS. 135 (lone in said portions of Normal avenue, Sixty-fiftli street and Sixty-seventh street. All powers which the City of Chicago now has in relation to water mains and pipes, building and re- ])airing sewers and drains, to lay electric or other wires owned or controlled by the City of Chicago, and regulating the openings for the same, and make other underground improvements in streets and alleys of said City being hereby expressly reserved as to said ])ortions of said streets in as ample a manner as if the aforesaid consent were not given. See. 3. That unless the said South Park Commis- sioners shall, within three (3) months from approval hereof, select and take said portions of said streets for the purpose aforesaid, this ordinance shall cease to be of any force or effect, and the consent hereby given shall l)e'deemed to be withdrawn. Sec. 4. This ordinance shall be in force from and after its passage. BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas. The owners of a majority of the frontage of the lots and lands abutting on Nor- mal avenue, lietween Garfield l)oulevard and Sixty- fifth street, Sixty-fifth street, between the west line of Normal avenue (as platted north of Sixty- fifth street) and the east line of Normal ave- nue (as platted south of Sixty-fifth street), Nor- mal avenue, between Sixty-fifth street and Sixty- seventh street, and Sixty-seventh street, between the east line of Normal avenue (as platted north of Sixty-seventh street} and the west line of 136 STREETS AND BOULEVARDS. Normal avenue (as platted south of Sixty-seventh street), in the South Park District, in the City of Chicago, Illinois, have filed with the South Park Coniniissioners, their consents respectively in writing, that the South Park Commissioners may select and take the said portions of the said streets and avenue as ahove described, in accordance with the statute in such case made and provided. And whereas, The City Council of the City of Chi- cago, which is the proper corporate authority of said City, having control of the aforesaid streets and ave- nue, has, by proper ordinance passed on the 8tli day of July, A. D. 1907, consented that the South Park Commissioners may select and take the aforesaid por- tions of the streets and avenue as above described, in accordance with the provisions of the acts of the Legis- lature of the State of Illinois, and upon the conditions in said ordinance set forth. Now, therefore. Normal avenue, between Garfield boulevard and Sixty-fifth street. Sixty-fifth street, be- tween the west line of Normal avenue (as platted north of Sixty-fifth street) and the east line of Normal ave- nue (as platted south of Sixty-fifth street). Normal avenue between Sixty-fifth street and Sixty-seventh &treet,:.and Sixty-se;^enth street, between the east line of Normal avenue (as platted north of Sixty-seveutii street) and the west line of Normal avenue (as platted south of Sixty-seventh street) are hereby selected and taken by the South Park Commissioners, and full power and authority to regulate, control, improve, and main- tain said portions of said streets and avenue so se- lected and taken as aforesaid, are hereby vested in and assumed bv the South Park Commissioners; pro- STBEETS AND BOULEVARDS. 137 vicled, however, that the selection and taking of the said parts of the said streets and avenue are, neverthe- less, upon the terms and conditions set forth in the said ordinance of the City Council of the City of Chicago passed on the 8th day of July, A. D. 1907. Sec. 2. That this ordinance shall take effect and be in force from and after its passage. Passed September 14, 1907. PIPES AND CONDUITS. RESOLUTION GRANTING PERMISSION TO THE MUTUAL FUEL GAS COMPANY TO LAY PIPES ACROSS MIDWAY PLAISANCE. [PASSED APRIL 9, 1S90.] Eesolved, That the Mutual Fuel Gas Company have permission to cross the Midway Plaisance at its inter- section with Cottage Grove avenue subject to the fol- lowing conditions, viz. : First. After laying the pipe the trench shall be well puddled when being back filled, and the surface left in as good condition as before opening. Second. The pipe shall be laid in such a manner as not to entirely obstruct the Sixtieth street crossing of Cottage Grove avenue at any time, a good safe crossing being maintained. Third. The usual regulations in all cases where openings are made in the streets as to damages, barri- cades and signals shall apply. Fourth. The Mutual Fuel Gas Company hereby agree that they will alter the location of their pipes, or entirely remove them from across the Midway Plais- ance, should the improvements made or to be made therein require, in the judgment of the South Park Commissioners, such alterations or removal, and imme- diately upon the order of the South Park Commis- sioners, and at no expense to the said Commissioners. (138) PIPES AND CONDUITS. 139 ORDINANCE GIVING PERMISSION TO THE CHICAGO TELE- PHONE CO^IPANY TO CONSTRUCT A CONDUIT ON THE EAST SIDE OF COTTAGE GROVE AVENUE FROM A POINT 100 FEET NORTH OF THE CENTER LINE OF FIFTY-FIRST STREET TO A POINT 350 FEET SOUTH THEREOF (AND ACROSS COTTAGE GROVE AVENUE TO THE NORTH LINE OF FIFTY-FIRST STREET), AND ON THE EAST SIDE OF COTTAGE GROVE AVENUE ACROSS THE MID- WAY PLAISANCE. [PASSED NOVEMBER 1:2, ISdo.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago Telephone Company to comply with the conditions of this ordinance, permission is hereby given to said Cliicago Telephone Company to construct a conduit on the east side of Cottage Grove avenue from a point 100 feet north of the center of Fifty-first street to a point 350 feet south thereof and ' ' across Cottage Grove avenue at the north line of Fifty-first street" and on the east side of Cottage Grove avenue across the Midway Plaisance. Sec. 2. The conduits shall be placed to the lines and grades given by the Park Commissioners, and the man- holes, if any are absolutely necessary, shall be located where the Park Commissioners direct and covered in a manner that shall be satisfactory to said Commis- sioners. Sec. 3. The work of laying the conduit shall be done when and where, and in such manner as shall be speci- fied by the Park Commissioners. Sec. 4. The Park Commissioners shall replace all road material that is displaced by the opening of the trench, and the Chicago Telephone Company shall pay 140 PIPES AND COXDUITS. to the Park Coinniissioners all the expenses and costs thereof. Sec. 5. If at any time the conditions and restric- tions imposed by the Park Commissioners are not com- plied with, or shonld the Park Commissioners in any manner, in making fnture improvements in these lo- calities, deem said condnit an obstruction, oi- think it advisable to have same relaid to other lines, or entire- ly removed from these streets, then said Telephone Company agrees to remove or relay said conduit as ordered by the Park Commissioners, and to replace the roadways and boulevards in perfect order and condi- tion as they now are, all at the ex])ense of said Tele- phone CV)mpany; and to com})ly with the orders and conditions of said Park Commissioners in relation thereto. Sec. 6. That the ])ermission hereby granted is to be temporary and subject to such further restrictions as said Park Commissioners, or their successors may, from time to time deem necessary, and also subject to be wholly revoked in the discretion of the Park Com- missioners. Sec. 7. This ordinance shall be in force from and after its acceptance by said Chicago Telephone Com- })any; but unless accepted within 30 days from the pas- sage thereof, this ordinance shall be null and void. RESOLUTION GIVING PERCUSSION TO HYDE PARK GAS COMPANY TO LAY MAIN PIPE ACROSS MIDWAY PLAIS- ANCE. [PASSED JUNE 10, 1891.] Resolved, That subject to the conditions herein- after expressed, permission is hereby given by the South Park Commissioners to the Hvde Park Gas PTPES AXD CONDUITS. 141 CV)iii})any to lay its main pijje across the Midway Plaisance, at its intersection with Cottage Grove ave- nue upon these conditions, that is to say : First. x\fter laying the ]npe the trench shall be well puddled when being back filled and the surface left in as good condition as before opening. Second. The pipe shall be laid in such a manner as not to entirely obstruct the Sixtieth street crossing of Cottage Grove avenue at any time, a good safe crossing being maintained. Third. The usual regulations in all cases where openings are made in the streets as to damages, barri- cades and signals shall apply. Fourth. The Hyde Park Gas Company hereby agree that they will alter the location of their pipes, or en- tirely remove them from across the Midway Plaisance, should the improvements made or to be made, therein require in the judgment of the South Park Commis- sioners, such alterations or removal, and immediately upon the order of the South Park Commissioners, and at no expense to the said Commissioners. ORDINANCE GIVING PERMISSION TO THE UNIVERSAL GAS COMPANY TO LAY AN 8-INCH GAS MAIN IN THE EAST SIDE OF COTTAGE GROVE AVENUE FROM A POINT 100 FEET NORTH OF THE CENTER LINE OF FIFTY-FIRST STREET TO A POINT 350 FEET SOUTH THEREOF, AND IN THE EAST SIDE OF COTTAGE GROVE AVENUE ACROSS THE MIDWAY PLAISANCE. [PASSED NOVEM- BER 14, 1894.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Universal Gas Company to comply with the con- 142 PIPES AND CONDUITS. ditioiis of this ordinance, permission is hereby given to said Universal Gas Company to lay an 8-inch gas main in the east side of Cottage Grove avenue from a point 100 feet north of the center line of Fifty-first street to a point 350 feet south thereof, and in the east side of Cottage Grove avenue across the Midway Plais- ance. Sec. 2. The gas main shall l)e V)hiced to the lines and grades given by the South Park Commissioners. Sec. 3. The work of laying the gas main shall be done when and where, and in such manner as shall be s|)ecified by the Park Commissioners in the permit issued to said company, and said company shall deposit with the Park Commissioners, before the issuing of such ])erinit, an amount satisfactorv to said Park Com- missioners to cover the expense of repairing any dam- age which may he done in the laying of said gas main. Sec. 4. The Park Commissioners shall replace all road material that is displaced by the opening of the trench, and the Universal Gas Company shall pay to the Park Commissioners all the expense and costs thereof. Sec. 5. If at any time the conditions and restric- tions imposed by the Park Commissioners are not com- plied with, or should the Park Conmiissioners in mak- ing- further improvements in these localities, deem said gas main an obstruction, or think it advisable to have same relaid to other lines, or entirely removed from these streets, then said Universal Gas Company agrees to remove or relay said gas main as ordered by the South Park Commissioners, and to replace the road- way and boulevards in jierfect order and condition as PIPES AND CONDUITS. 143 tliey now are, all at the expense of said Universal Gas Company, and to comply with the orders and condi- tions of said Park Commissioners in relation thereto. Sec. 6. That the permission hereby granted is to be temporary and subject to such further restrictions as said Park Commissioners, or their successors, may, from time to time, deem necessary, and also subject to 1)e wholly revoked in the discretion of the Park Com- • missioners. Sec. 7. This ordinance shall l)e in force from and after its acceptance by said Universal Gas Company, l)ut unless accepted within thirty days from the pas- sage thereof this ordinance shall be null and void. BE IT ORDAINED BY THE SOUTH PARK COMM FSSIOXERS : Section 1. That permission and authority be, and the same are hereby, given and granted unto the Illinois Maintenance Comi)any, a cori)oration, its successors and assigns, to lay down and maintain across and un- derneath the surface of Jackson boulevard on the line of the first alley west of Michigan avenue extended across said boulevard, an iron pipe not to exceed twelve (12) inches in diameter, to be used for the pur- -. pose of conveying steam, together with two return pipes, one of said pipes to be of a diameter not to ex- ceed six (6) inches and the other of a diameter not to exceed five (5) inches. Said pipes shall be of extra heavy steam piping, approved by the Superintendent of the South Park Commissioners, and the pressure therein shall at no time exceed one hundred and twenty (120) pounds per square inch, said pipes shall be laid underneath the surface of said boulevard, the top of, said pipes shall be at least six (6) feet below the sur- 144 PIPES AND CONDUITS. face of said boulevard. The work of opening the trench to contain said pipe shall be commenced within sixty (()()) days from tlie passage of this ordinance and said pipes shall be laid, said trench refilled and the sur- face of said boulevard completely restored within fifteen (15) days from the connnencement of the work of opening said trench. Tlie trench necessary for the laying of said pipes shall be made in such manner and during such hours of the day or night as may be di- rected by said Superintendent. The said pipes shall be used for the sole purpose of conveying steam for power and heating purposes, the location of said pipes and the construction and oj^eration of the same shall be under the direction and supervision and to the satis- faction of the Superintendent of the South Park Com- missioners and shall be in accordance with a diagram or plat showing the location of said inn in pipe and re- turn pipes, which said diagram or plat shall be fur- nished by the grantee herein to said Superintendent and when approved by him shall at all times during the life of this ordinance be on file in the office of the South Park Conmiissioners. Sec. 1^. The permission and authority herein given shall cease and determine ten (10) years from and after the passage of this ordinance and within fifteen (15) days thereafter, said pipes shall be removed by said company, its successors or assigns, the trench re- filled and the surface of said boulevard restored to as good a condition as immediately ])rior to such re- opening of said trench, all of said work to be done under the supervision and to the satisfaction of the Superintendent of said Commissioners and at the ex- pense of said com]iany. its successors or assigns. I'll'KS AND CONDUITS. 145 Slioul'j .said ( 'oiiiiiiissionci's \>v(tU'A- to I'Cifill said tccnci! and restoro tlic surfaoo of said Jafkson bonlcvai'd after tlic laying- or after tlic i-cnioval of said ]»i|)('s, said c;omj)any, its successors or assigns, shall on de- mand reimburse; said Commissioners for tlie cost tlier(!of and the cei'tificate of said superintendent of said Coinniissioners as to sucli cost shall be final and conclusive. Sec. 'A. Said grantee, its successors or assigns, shall uj)on notice from said Superintendent i-emove, change or ]-e-locate said pipes, or any of them, whicli may be in the way of or interfere with the construc- tion of any structure oi' undertaking on the part of said Commissioners, and in the event of a failure, neglect or refusal on the part of said grante<', its suc- cessors or assigns, to forthwith comply with any such notice fioin said Superintendent or any duly author- ized officer or agent of said Commissioners, said South Park (commissioners may in such event proceed forth- with to remove such pipe or pipes as it may deem necessary and charge the expense of such removal to said grantee, its successors oi- assigns, and the cer- tificate of the Superintendent of said Commissioners shall be final and conclusive. Sec. 4. No work shall be done under the authoi-ity of this ordinance until a permit authorizing same shall first have been issued and no permit shall issue until the grantee herein shall execute to tin* South Park Commissioners a good and sufficient bond in the penal sum of ten thousand dollars ($10,000.00), with a surety or sureties, approved by said Commissioners, which bond shall be conditioned to indemnify, save nnd kee]) harmless the said South Park Commissioners from 146 PIPES AND CONDUITS. any and all liabilities, cost, loss, damage, or expense of any kind whatsoever, which may be suffered by said South Park Commissioners or which it may be l)ut to or which may accrue against, be charged to or recovered from said Commissioners from or by reason of the passage of this ordinance, or from or by reasoji of any act or thing done or by authority of the permission herein given, and conditioned further to observe and perform all and singular the condi- tions and provisions of this ordinance, the said bond and the liability thereon shall be kept in force through- out the life of this ordinance, and if at any time dur- ing the life of this ordinance such bond shall not be in full force then the privileges herein granted shall thereupon cease. Sec. 5. Said grantee, its successors, and assigns, shall at all times during the life of this ordinance, when the surface of said boulevard, underneath which said pipes are laid, shall have been disturbed by it or them, restore the surface of said boulevard so dis- turbed to a condition satisfactory to the Superintend- ent of said Commissioners and such restoration shall 1)6 made by the said grantee, its successors or assigns, at its or their own expense and without cost to the South Park Commissioners. Sec. 6. This ordinance shall take effect and be in force from and after its passage and upon the filing of an acceptance in writing of this ordinance by the said grantee and the filing of the bond hereinbefore provided for. Passed September 21, 1904. VACATION OF STliEETS AND ALLEYS. CITY OK CHICAGO ORDINANCE VACATING CERTAIN STREETS AND ALLEYS. [PASSEJ) JULY ll, J<)04.] Whereas, The South Park Commissioners have re- cently acquired a number of tracts of hind in various parts of the City for park purposes, and have re- quested the City Council to vacate parts of certain streets and alleys adjoining and intersecting said tracts of hind; no\Y, therefore: BE IT ORDAINED BY THE CITY COUNCIL OE THE CITY OE CHICAGO: Section 1. That all those parts of the public streets and alleys in the City of Chicago, described as fol- lows: South Turner, South Spaulding, South Sawyer and South Kedzie avenues between the north line of Seventy-first street and the south line of Sixty-seventh street ; South Troy avenue and the west thirty-three (33) feet of South Albany avenue between the south line of Sixty-seventh street and the north line of Sixty-ninth street ; South Homan avenue between the south line of Sixty-seventh street and the center line of Sixty-eight street ; The east thirty-three (33) feet of South Homan ave- nue between the center line of Sixty-eighth street and the north line of Seventy-first street; St. Louis avenue between the north line of Sixty- eighth street and the south line of Sixty-seventh street ; (U7) 148 VACATION OF STREETS AND ALLEYS. The east thirty-three (33) feet of South Sacramento avenue ])etween the north line of Seventy-first street and the center line of Seventieth street; Tlie east thirty-three (33) feet of South Sacramento avenue from the south line of Sixty-ninth street to a point 187.6 feet south of said south line of Sixty-ninth street ; South Humboldt street from the north line of Sev- enty-first street to the south line of Seventieth street; The east thirty-three (33) feet of South Humboldt street from the south line of Sixty-seventh street to the north line of Sixty-eighth street, and from the south line of Sixty-ninth street to a point 379.5 feet south of said south line of Sixty-ninth street; South Francisco avenue from the north line of Sev- enty-first street to the south line of Seventieth street, and from the south line of Sixty-ninth street to a point 379.5 feet south of the south line of Sixty-ninth street ; The west thirty-three (33) feet of South Francisco avenue from the south line of Sixty-seventh street to the north line of Sixty-eight street; The east thirty-three (33) feet of South Francisco avenue from the north line of Seventieth street to a point 379.5 feet south of the south line of Sixty-ninth street ; South Mozart street from the south line of Sixty- ninth street to the north line of Seventy-first street; West Sixty-seventh place and the north thirty-three (33) feet of West Sixty-eighth street from the west line of South Homan avenue to the east line of the Chicago Grand Trunk Railroad right of way; West Sixtv-eighth street from the east line of South VACATION OF STREETS AND ALLEYS. 149 Iloman avenue to the west line of South Albany ave- nue ; West Sixty-ninth and West Seventieth streets from the east line of South Homan avenue to the west line of South Kedzie avenue; The north thirty-three (33) feet of West Sixty-ninth street from the east line of South Kedzie avenue to the center line of South Albany avenue ; Tlie noi'th thirty-three (33) feet of West Sixty- eighth street from the center line of South Humboldt street to the center line of South Francisco avenue ; The south thirty-three (33) feet of West Sixty-ninth street from the center line of South Sacramento ave- nue to a point 166.2 feet east of the center line of South Sacramento avenue, and from the center line of South Humboldt street to the west line of South Cali- fornia avenue; West Seventieth street from the center line of South Francisco avenue to the west line of South California avenue ; The South thirty-three (33) feet of West Seventieth street fi-om the center line of South Sacramento ave- nue t) the center line of South Francisco avenue; Tlie alleys in blocks one (1), two (2), three (3) and four (4) of B. F. Jacobs' Subdivision of the north one- half (N. i) of the northwest one-quarter (N. W. j) of the southeast one-quarter (S. E. :|:) of Section twenty-three (23), Township thirty-eight (38) North, Eange thirteen (13) East of the Third Principal Meridian ; The alleys in blocks one (1), two (2), three (3), four (4) and eight (8) and B. F. Jacobs' Subdivision of blocks five (5), six (6) and seven (7) in Mason's Sub- 150 VAC'ATION OF STEEETS AND ALLEYS. division of tlie northeast one-(inartei' (|) of the soiiih- east one-quarter (j) of Section twenty-three (23), Township thirty-eight (38) North, Range thirteen (13) East of the Third Principal Meridian; The alleys in blocks four (1), five (5), six (6), seven (7) and eight (8) of Rosenberg's Addition to Chicago of the southeast one-quarter (]) of the southeast one- quarter (]) of Section twent^^-three (23), Township thirty-eight (38) North, Range thirteen (13) east of the Tliird Principal Meridian; The alleys in blocks one (1), two (2), three (3) and four (4) of Woodberry's Addition to Chicago Lawn of the west one-half {^) of the northwest one-quarter {^) of the southwest one-quarter (|) of Section twenty- four (24), Township thirty-eight (38) North, Range thirteen (13) East of the Third Principal Meridian; The alleys in F, W. Hawk's Subdivision of the east one-half (h) of the northwest one-cpiarter {-}) of the northeast one-quarter (|) of the southwest one-quarter (1) of Section twenty-four (24), Township thirty-eight (38) North, Range thirteen of the Third Principal Meridian. The alleys in the blocks bounded l)y Seventieth and Seventy-first streets and South Sacramento and South California avenues ; The alleys in blocks bounded by Sixty-ninth and Seventieth streets and South Francisco and South Cali- fornia avenues; The alley lying west of and adjoining lots one (1) to fifteen (15), inclusive, in Tower's Subdivision of the north fifteen-twenty-fourths (15-24) of the east one- half (]) of the northwest one-quarter (|) of the south- east one-quarter (i) of the southwest one-quarter ({) VACATION OF STREETS AND ALLEYS. 151 of Section twenty-fonr ("24:), Township tliirty-eight (38) North, Range thirteen (13) East of the Third Principal Meridian ; The west eight (8) feet of the alley lying east of and adjoining lots one (1) to seven (7), inclnsive, in I). Harry Hammer's Subdivision of the north one-third (1/3) of the west one-half (^) of west one-half (^) of the northwest one-quarter (i) of the southeast one- quarter (j) of the southwest one-quarter (j) of Sec- tion twenty-four (24), Township thirty-eight (38) North, Range thirteen East of the Third Principal Meridian, all in Cook County, Illinois ; Also, Fifty-third and Fifty-fourth streets between the east line of Loomis street and the west line of Cen- ter avenue ; Also, Honore. street between the south line of Fif- tieth street and the north line of Fifty-first street ; The alleys in blocks fifty-three (53) and Fifty-four (54) in Chicago University Subdivision in the north one-half (^) of Section seven (7), Township thirty- eight (38), North, Range fourteen (14) East of the Third Principal Meridian, in Cook County, Illinois ; Manistee and Marquette avenues between the south line of Eighty-ninth street and the northeast line of South Chicago avenue; Ninetieth street between the west line of Muskegon avenue and the northwest line of South Chicago ave- nue; The alleys in blocks forty-five (45), forty-six (46) and forty-seven (47) in South Chicago, being the blocks bounded by Eighty-ninth street and Saginaw, South Chicago and Muskegon avenues; 152 VACATION OF STREETS AND ALLEYS. Paulina street between the south line of Forty-fourth street and the north line of Forty-fifth street; Coles avenue between the south line of Eighty-third street and the north line of Eighty-third place and the alleys in blocks bounded by Eighty-third street, Eighty-third place, Bond avenue and Houston ave- nue ; The alley lying east of and parallel with Poplar ave- nue between Twentj^-ninth street and the north line of Thirtieth street extending westward from Halsted street, in the block bounded by Twenty-ninth street, Ilalsted street and Poplar avenue; Parnell avenue from the south line of Seventy-sec- ond street to the north line of Seventy-fourth street; Normal avenue from the south line of Sevenly-third street to the north line of Seventy-fourth street ; Seventy-third street from the east line of the Chi- cago & Western Indiana Eailroad right of way to the west line of the Chicago, Eock Island & Pacific right of way; And the alleys in block bounded by Seventy-third and Seventy-fourth streets, Normal avenue and the Chicago, Eock Island & Pacific right of way, be and the same are hereby vacated; Provided, however, that this ordinance shall not go into effect, nor shall the vacation herein provided for become effective until there shall have been approved and filed in the office of the Eecorder of Deeds of Cook County, Illinois, plats, showing the parts of streets and alleys so va- cated, which said parts of said streets and alleys so vacated are substantially as shown on plats thereof, which are attached hereto and made a part of this ordinance; Provided, however, that the City of Chi- VACATIOX OF STREETS AND ALLEYS. 153 eago hereby reserves the right to maintain and repair all existing sewers and water mains, with their neces- sary appurtenances, and to construct, repair and main- tain an additional sewer in Seventy-third street be- tween the Chicago and Western Indiana Eailroad and the Chicago, Rock Island and Pacific Railroad, and also one in Kedzie avenue between Sixty-seventh street and Seventy-first street. Sec. 2. This ordinance shall take effect and be in force from and after its passage and approval, subject to the provisions of section 1 hereof. CITY OF CHICAGO ORDINANCE VACATING CERTAIN STREETS AND ALLEYS. [PASSED DEC. 11, 1905.] Whereas, The South Park Commissioners have re- cently acquired certain tracts of land in the city for the jjurj^ose of creating small parks or pleasure grounds thereon, and have requested the City Council to vacate parts of certain streets and alleys adjoining and inter- secting said tracts of land ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section 1. That all those parts of the i:)ublic streets and alleys in the City of Chicago, County of Cook and State of Illinois, described as follows : The alley in block four (4) of Gorrish's Subdivision of the south half (S. i) of the south half (S. |) of the east half (E. \) of-the northeast quarter (N. E. :^) of Section twenty- eight (28), Township thirty-nine (39) North, Range fourteen (14) East of the Third (3d) Principal ]^[eri- dian ; 154- VACATION OF STREETS AND ALLEYS. Shields avenue between the south line of Forty-fifth place and the north line of Forty-sixth place; Sultan street between the south line of Forty-fifth place and the north line of Forty-sixth place; Forty-sixth street from the east line of Stewart ave- nue to the west line of Princeton avenue ; The alleys between block seven (7) in Section four (■i) addition to Chicago, being John Fraser's Subdivi- sion of twenty-live (25) acres north of and adjoining the south twelve and one-half iV2i) acres of the west half (^) of the southeast quarter (^) of Section four (4), Township thirty-eight (38) -North, Eange four- teen (14) East of the Third (3d) Principal Meridian, and lots ten (10) to eighteen (18), both inclusive, in the subdivision of the west eight (8) feet of lots three (3) and fourteen (l-t) and all of lots four (4) to thir- teen (13), inclusive, in block three (3) and lots one (1) to thirteen (13), inckLsive, and the west eight (8) feet of lot fourteen (14) in block eight (8) and parts of Sultan and Inkerman streets vacated, in said Sec- tion four (4) addition to Chicago, be and the same are hereby vacated ; Provided, however, that this ordi- nance shall not go into eifect, nor shall the vacation herein provided for become effective until there shall have been approved by the Examiner of Subdivisions and filed in the office of the Recorder of Deeds of Cook County, Illinois, plat showing the parts of streets and alleys so vacated, which said part of said streets and alleys so vacated are substantially as shown on plats thereof, which are attached hereto and made a part of this ordinance ; and provided further, that the City of Chicago herebv reserves the right to maintain and VACATION OF STEEETS AND ALLEYS. 155 re])air all existing sewers and water mains, witli their necessary appurtenances. Sec. 2. Tills ordinance shall take effect and be in force from and after its passage and approval, sub- ject to tlie i)rovisions of section one (1) hereof; })ro- vided, that in creating the small ])ark or pleasure ground in said section four (4) tlie South Park Com- missioners shall not inclose the twenty (20) feet east of and adjoining the face of the east retaining wall of the Pittsburgh, Ft. Wayne and Chicago Railway, l)ut shall leave said twenty (2(1) foot sti'ij) o})en as a ])u])lic passagt; way. CITY OF CHICAGO ORDINANCE VACATING A PORTION OF SOUTH LEAVITT STREET. [PASSED JUNE 2o, looo.] Whereas, the South Park ( ommissioners have re- cently ac(iuired a tract of land for the purpose of en- larging McKinley Park and have requested the City Council to vacate that ])ortion of South Leavitt street which now separates McKinley Park and the said tract of land acquired as an addition to McKinley Park; now, therefore, BE IT ORDAINED J^V THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That that ])art of South Leavitt street in the City of Chicago, County of Cook and State of Illinois, lying between the south line of West Thirty- seventh street and the north line of West Thirty-ninth street be and the same is hereby vacated; Provided, however, that this ordinance shall not take effect nor shall the vacation herein provided for become effective 156 VACATION OF STREETS AND ALLEYS. until there shall have been approved liy the Examiner of Subdivisions of the City of Chicago, and filed in the office of the Recorder of Deeds of Cook County, Illi- nois, a i)lat showing the part of said street so vacated, which said part of said street so vacated is substan- tially as shown on the plat thereof hereto attached and made a part of this ordinance ; and, provided further, that the City of Chicago hereby reserves the right to maintain and repair all existing sewers and water mains with their necessary appurtenances. Sec. 2. This ordinance shall take effect and be in force from and after its passage and approval, subject to the provisions of section 1 hereof. STREET RAILROADS. AGREEMENT WITH CHICAGO CITY RAILWAY COMPANY REGARDING TRACKS ACROSS GRAND BOULEVARD AT THIRTY-NINTH STREET. [PASSED JUNE 8, 1876.] Resolved, That the President and Secretary execute the following instrument under the seal of the corpora- tion and that upon compliance with its terms by the Chicago City Railway Company the same be delivered to said company for the uses and purposes therein ex- pressed : At a regular meeting of the Board of South Park Commissioners held at its office on the eighth day of June, 1876, a quorum l)eing present, an application being made to the Board of South Park Commissioners by the Chicago City Railway Company for permission to cross the Grand boulevard at Thirty-ninth street, and across the said street at that point to operate a street railway track: Now therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago City Railway Company to laj^ down and operate its said track upon these conditions — that is to say: First. After putting the track down the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. Second: No cars, horses, or other obstructions are ever to stop or stand upon the boulevard ; all stoppages to take on or let off passengers, or for other purposes, (157) 158 STREETS EAILROADS. are to l)e before reaching or after erossiug the boule- vard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to comply with all the conditions hereinbefore and here- inafter contained; and also, that if at any time the said conditions and restrictions are not complied with or the track and cars thereon become in the opinion of said commissioners too great an obstruction to driving upon the boulevard, or if the (Commissioners, for any other reason, desire the track to be removed, then the said railway company is to remove the said track and replace the road and boulevard in perfect order and condition as it now is, all at the expense of the said railway company. Fourth. That in the exercise of the permission liereby granted said company shall not make use of steam ])ower or anything but horse power in ]iropelling, conducting or operating its cars across said boulevard; nor permit any dummy or other engine to cross or re- cross the same at any time. Fifth. The permission hereby granted is to be tem- porary and subject to such further or other restrictions as said Commissioners or their successors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Board. AGREEMENT WITH CHICAGO CITY RAILWAY CONCERN- ING CROSSING AT GARFIELD BOULEVARD AND STATE STREET. [PASSED AUGUST 9. 1SS2.] Resolved, That permission be and the same is hereby given the Chicago City Railway Company to construct, maintain and operate its railway tracks across Gar- STREET RAILROADS. 159 field boulevard at its intersection with State street, in the manner and subject to the conditions following : First. Said company shall construct double tracks at said crossing, and l)etween the rails and between the tracks shall lav planks or paving material in such manner, and maintain the same at all times, as this Board shall direct. The rails or tracks so laid shall not protrude above the level of the road-bed, and the rails and tracks and spaces between them shall l)e kept constantly in repair, and in such condition as in no wise to cause danger or interruption to travel. Second. No cars or horses or propelling engines con- nected therewith shall be permitted to stop on said l)oulevard, and all stoppages to take on or let off pas- sengers shall be made before reaching or after cross- ing the boulevard. Third. Should said company at any time refuse or neglect to comply with the provisions aforesaid, or with any reasonable rule or regulation, established b)^ this Board for the government of said boulevard, this license shall cease and terminate, and without notice or process of law said Board may cause such tracks and rails to be moved. Fourth. No steam or other locomotive engine shall be used by said company for propelling cars across said boulevard. Fifth. This license shall be accepted subject to all the police and governmental powers of said Board, and to its privilege at any time to cause the removal of said tracks, and the revocation of this license from what- soever cause it may deem proper. Sixth. This. resolution shall take effect and l)e in 160 STREET RAILROADS. force 111)011 a written acceptance of the same being filed with the secretary of this Board, signed by the presi- dent of said company, with its corporate seal attached, attested by its secretary; which said acceptance shall be deemed an agreement on the part of said company to comply with all the tenns and conditions herein ex- pressed. The secretary of this Board is hereby directed to transmit to said company a copy of this resolution, diilv certified under his hand and the seal of this Board. AGREEMENT BETWEEN THE CHICAGO CITY RAILWAY COMPANY AND THE SOUTH PARK COMMISSIONERS TO CROSS MICHIGAN AVENUE AT THIRTY-FIRST STREET. [PASSED JULY 16, 1884.] At a regular meeting of the Board of South Park Commissioners, held at its office in the City of Chi- cago, on the 16tli day of July, 1884, a quorum being present. An application being made to the Board of South Park Commissioners by the Chicago City Rail- way Company for permission to cross Michigan ave- nue boulevard at its intersection with Thirty-first (31st) street south. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago City Railway Com- pany to lay down and operate its said track upon these conditions — that is to say: First. After putting the track down, the road is to be replaced in perfect order and condition as it now is. STREET RAILROADS. 161 at the expense of the said railway company, and to he so kept at all times by it. Second : No cars, horses or other obstructions are ever to stop or stand upon the boulevard. All stop- pages to take on or let off" passengers, or for other i)ur- poses, are to be before reaching or after crossing the boulevard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to comply with all the conditions hereinbefore and here- inafter contained and also that if at any time the said conditions and restrictions are not complied with, or the track and cars thereon become, in the opinion of the Commissioners, too great an obstruction to driving upon the boulevard, or if the Commissioners for any other reason desire the track to be removed, then the said railway company is to remove the said track and replace the road and boulevard in perfect order and condition as it now is, all at the expense of the said railway company. Fourth. That in the exercise of the permission here- by granted, said company shall not make use of steam power nor anything })ut horse power in ])ropelling, conducting or operating its cars across said boulevard, nor permit any dummy or other engine to cross or re- cross the same at any time. Fifth. The permission hereby granted is to be tem- porary, and subject to such further or other restric- tions as said Commissioners or their successors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Commis- sioners. 162 STREET RAILROADS. AGREEMENT BETWEEN THE CHICAGO CITY RAILWAY COMPANY AND THE SOUTH PARK COMMISSIONERS, FOR CROSSING GARFIELD BOULEVARD AT WENT- WORTH AVENUE AND HALSTED STREET. [PASSED NOVEMBER 12, 1884.] At a regular meeting of the Board of South Park Commissioners, held at its office in the City of Chi- cago, on the 12th day of November, 1884, a quorum being present, an application being made to the Board of South Park Commissioners by the Chicago City Railway Company for permission to cross Garfield boulevard at its intersection with Wentworth avenue, and also to cross said Garfield boulevard at its inter- section with Halsted street. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago City Railway Com- pany, to lay down and operate its said tracks upon these conditions — that is to say : First. After putting the track down the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. Second. No cars, horses or other obstructions are ever to stop or stand upon the boulevard, all stoppages to take on or let off passengers or for other purposes are to be before reaching or after crossing the boule- vard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to com- ply with all the conditions hereinbefore and herein- after contained, and also that if, at any time, said con- STEEET EAILROADS. 163 ditions and restrictions are not complied with, or the track and cars thereon become in the opinion of the Commissioners too great an obstruction to driving upon the boulevard, or if the Commissioners for any other reason desire the track to be removed, then said railway company is to remove the said track and re- place the road and boulevard in perfect order and con- dition as it now is, all at the expense of the said rail- way company. Fourth. That in the exercise of the permission here- by granted, said company shall not make use of steam power nor anything but horse power in propelling, con- ducting or operatino- its cars across said boulevard, nor permit any dummy or other engine to cross or recross the same, at any time. Fifth. The permission hereby granted is to be tem- porary, and subject to such further or other restric- tions as said Commissioners or their successors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Commis- sioners. AGREEMENT BETWEEN THE CHICAGO CITY RAILWAY COMPANY AND THE SOUTH PARK COMMISSIONERS, TO CROSS OAKWOOD BOULEVARD, DREXEL ENTRANCE, AND MIDWAY PLAISANCE AT THE INTERSECTION OF THE SAME WITH COTTAGE GROVE AVENUE. [PASSED MAY 11, 1SS7.] At a regular meeting of the Board of South Park Commissioners, held at its office in the City of Chi- cago, on the eleventh day of May, 1887, a quorum being present, an application being made to the Board of South Park Commissioners by the Chicago City Eail- 164 STREET RAILROADS. way Company, for permission to cross with its cable railway tracks Oakwood boulevard, Drexel entrance to Washington Park and Midway Plaisance, at the inter- section of the same with Cottage Grove avenue. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago City Eailway Com- pany, to lay down and operate its said track upon tlie conditions — that is to say: First. After putting the track down the road is to be replaced in perfect order and condition, as it now is, at the expense of the said railway comj)any, and to be so kept at all times by it. Second. No cars, horses, or other obstructions, are ever to stop or stand upon the boulevards. All stop- pages to take on or let off passengers, or for other pur- poses, are to be before reaching or after crossing the boulevard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to comply with all the conditions hereinbefore and here- inafter contained, and also that if at any time the said conditions and restrictions are not complied with, or the track and cars thereon become in the opinion of the Commissioners too great an obstruction to driving uijon the boulevards, or if the Commissioners for any other reason desire the track to be removed, then the said railway company is to remove the said track, and replace the roads and boulevards in perfect order and condition, as it now is, all at tlie expense of the said railway company. Fourth. That in the exercise of the permission here- STEEET EAILROADS. 165 ))y granted said company sliall not make use of steam ])Ower, nor anything but horse or cable power, in pro- 1 telling, conducting or operating its cars across said boulevards, nor permit any dummy or other engine to cross or recross the same at any time. Fiftli. The permission hereby granted is to be tem- porary, and subject to such further or other restric- tions as said Commissioners or their successors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Com- missioners. Sixth. That the grade of the top of the rails, at all points in the crossings named, shall be determined by the Park Commissioners, and that Uie location of man holes, etc., within the park limits, shall also be tixed by the Commissioners. Seventh. That the rate of speed at which cars shall cross such ]iark territory shall not exceed, under any circumstances, five miles per hour. ^ • Eighth. That the railway com])any will, at their ex- pense, keep a good flagman at crossings where the Park Commissioners think it necessary, and that one be placed at Oakwood and Fifty-first street as soon as the operation of the cable commences. Ninth. That the Dermission should be given with the express condition that the company will, at their own expense, make such alterations in their tracks, etc., particularly at the Midway Plaisance, as may l)e deemed desirable by the Park Commissioners, as further im])rovements are made, and that the com- pany agree to pay any additional cost which may arise in the construction of bridges that may hereafter bf 166 STREET EAILROADS. determined upon by the Park Commissioners, on ac- count of making such bridges suitable for the convey- ing of the cable and cars. Tenth. That the construction of the road across the places named shall l)e carried on at the times and in the manner directed by the Park Commissioners. The object being to occupy the crossings for as short a time as possible. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS MICHIGAN AVENUE, GRAND BOULEVARD AND DREXEL BOULEVARD AT FORTY-THIRD STREET, ACROSS MICHI- GAN AVENUE AT TWENTY-SIXTH STREET, AND ACROSS WESTERN AVENUE BOULEVARD AT ARCHER AVENUE. [PASSED NOVEMBER 9, 1SS7.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Eailway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Railway Company to lay down, maintain and operate a double track street rail- way across Michigan avenue. Grand boulevard and Drexel boulevard at Forty-third street, across Michi- gan avenue at Twenty-sixth street, and across Western avenue boulevard at Archer avenue. Sec. 2. The said tracks shall be laid under the super- vision and direction of the superintendent of the South Park Commissioners, and after tracks are laid, the roadways shall be replaced in perfect order and condi- STREET EAILEOADS. 167 tion as they now are, at the expense of the said railway company, and to be so kept at all times by it in such manner as shall be directed by said superintendent. Sec. 3. Xo cars, horses, or other obstructions shall ever stop or stand upon the said boulevards, or ave- nues, or crossings ; and all stoppages to take on or let off passengers, or for other purposes, shall be before reaching or after crossing the boulevards. Sec. 4. If at any time said conditions and restric- tions are not complied with, or the track and cars thereon become, in the opinion of the South Park Com- missioners, too great an obstruction to driving upon the said boulevards or avenues, or if the Commission- ers for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks and replace the roadways and boulevards in perfect order and condition, as they now are, all at the expense of the said railway company. Sec. 5. That in the exercise of the permission here- by granted, said company shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevards and avenues, nor permit any dummy or other engine to cross or recross the same at any time. Sec. 6, That permission hereby granted is to be temporary, and subject to such further or other restric- tions as said South Park Commissioners or their suc- cessors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Commissioners. Sec. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Eail- 168 STRKKT TJAH.HOAnS. way Company. Unless such acceptance be filed with tlie secretary of said South Park Commissioners within thirty days after the passage hereof, this ordinance shall be null and void. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS GARFIELD BOULEVARD . AT ASHLAND AVENUE. [PASSED AUGUST 14, issn.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Eailway Company to lay down, maintain and o]ierate a double track street rail- way across Garfield boulevard at Ashland avenue. Sec. 2. That said tracks shall be laid under the supervision and direction of the Superintendent of the South Park Commissioners, and after tracks are laid the roadway shall be replaced in perfect order and condition, as it now is, at the expense of the said rail- way comi^any, and to be so kept by it at all times in such manner as shall be directed by said superintend- ent; and said Chicago (^ity Railway Company shall pave the entire intersection with granite or brick i)av- ing blocks at any time when the South Park Commis- sioners shall consider it necessary so to do, and shall make an order for such im]n"ovement. Sec. 3. No cars, liorses, or other obstructions shall ever sto]) or stand upon the said boulevard or crossing; STREET RAILROADS. 169 and all stoppages to take on or let off passengers, or for other purposes, shall he hefore reaching or after crossing the boulevard- Sec. 4. If at any time said conditions and restric- tions are not conii)lied with, or the track and cars thereon become, in the opinion of the South Park Com- missioners, too great an obstruction to driving upon said boulevard or avenue, or if the Commissioners for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks nnd replace the roadway and boulevard in perfect order and condition as they now are, all at the expense of t\u} said railway company. Sec. 5. That in the exercise of the permission here- by granted said company shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevard, nor permit any dummy, or other engine, to cross or re- cross the same at any time. Sec. 6. That permission hereby granted is to be tem- porary and subject to such further or other restrictions as said South Park Commissioners or their successors may, from time to time, deem advisable, and also sub- ject to be wholly revoked in the discretion of the said Commissioners. Sec. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company. Unless such acceptance be filed with the secretary of the said South Park Commissioners within thirty days after the passage hereof, this ordi- nance shall be null and void. 170 STREET RAILROADS. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS GRAND BOULEVARD AND MICHIGAN AVENUE AT FORTY-SEVENTH STREET. [PASSED MAY 11, 1S92.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Railway Company to lay down, maintain and operate a donble track street rail- way across Grand boulevard and Michigan avenue at Forty-seventh street. Sec. 2. That said tracks shall be laid under the su- pervision and direction of the Superintendent of the South Park Commissioners, and after tracks are laid the roadway shall be replaced in perfect order and condition, at the expense of the said railway company, and to be so kept by it at all times in such manner as shall be directed by said Superintendent ; and when said tracks are laid the said railway company shall pave the space between their rails and for a space of twelve feet in width on each side of tlie outer rails in said Grand boulevard and Michigan avenue cross- ings, with granite blocks in a manner satisfactory to said South Park Commissioners; and said railway company shall pave the entire intersection of said crossings with granite or brick paving blocks at any time when the South Park Commissioners shall con- sider it necessary so to do, and shall make an order for such improvement. Sec. 3. No cars, horses, or other obstructions shall STREETS RAILROADS. 171 ever stop or stand upon tlie said crossings; and all stop-' pages to take on or let off passengers, or for other pur poses, shall be before reaching or after crossing the said bonk'vard and avenue. Sec. 4. If at any time said conditions and restric- tions are not complied with, or the tracks and cars thereon become, in the opinion of the South Park Com- missioners, too great an obstruction to driving upon said boulevard or avenue or if the Commissioners for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks, and rejjlace the roadway and crossings in per- fect order and condition as they now are, all at the expense of the said railway company. Sec. 5. That in the exercise of the permission here- by granted, the said Chicago City Kailway Company shall not make use of steam power in propelling or operating its cars across said boulevard and avenue, nor permit any dummy or other engine to cross or re- cross the same at any time. Provided, however, that if said company should determine to operate and pro- pel its cars at the points mentioned by electricity, the said company is hereby permitted to so propel and operate its cars, but it is especially provided and un- derstood that no pole for carrying the electric wire shall be placed within the lines of said boulevard and avenue, or cross the same except only by the consent and approval of the Superintendendent of the South Park Commissioners. Sec. 6. That permission hereby granted is to be temporary and subject to such further or other re- strictions as said South Park Commissioners or their 172 STREET KAILKOADS, successors may, from time to time, deem advisable, and also subject to be wholly revoked in the discretion of the said Commissioners. Sec. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company; unless such acceptance be filed with the Secretaiy of the said South Park Commissioners within thirty days after the passage hereof, this ordi- nance shall be null and void. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY CO^IPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE' A DOUBLE TRACK STREET RAILWAY ACROSS WESTERN AVENUE BOULEVARD AT TllIRTY-EIFTH STREET. [PASSED OCTOBER 12, 1S92.] BE IT ORDAINED BY THE SOUTH PARK COMxMISSIONERS : Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, pennission is hereby granted to said Chicago City Railway Company to lay down, maintain and operate a double track street rail- way across Western Avenue boulevard at Thirty-fifth street. Sec. 2. That said tracks shall be laid to the grade and line indicated by the South Park Conmiissioners and under the supervision and direction of the Super- intendent of the South Park Commissioners, and after tracks are laid, the roadway shall be replaced in per- fect order and condition, as it now is, at the expense of the said railway company, and to be so kei)t by it at all times in such manner as shall be directed bv said STREET KATLROADS. 1 T-S Superintendent, and said Chicago City Railway Com- pany sliall pave the space between tlie rails and for twelve feet on each side of the outer rail, from the east line of the boulevard to the east line of Western ave- nue load, to the grade given by the South Park Coni- iiii^-^ioiicrs. witli granite })aving ))locks. ^ec. '). Xo cars, horses, or other obstructions shall ev^er stop or stand upon the said boulevard or crossing, and ail stoppages to take on or let off passengers, or for otliei purposes shall be before reaching or after crossing- tlie boulevard. Sec. -}. If at any time said conditions and restric- tions are not complied with, or the tracks and cars thorei)n become in the o])inion of the South Park Com- missioners too great an obstruction to driving upon said boulevard, or if the Commissioners for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks and re- place the roadway and boulevard in perfect order and condition as they now are, all at the expense of the said railway company. Sec. 5. That in the exercise of the permission hereby granted, said company shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevard, nor permit any dummy or other engine to cross or re- cross the same at any time. Sec. 6. That the permission hereby granted is to be temporary and subject to such further or other restric- tions as said South Park Commissioners or their suc- cessors may from time to time deem advisable, and also 174 STREET KAILHOADS. subject to be wholly revoked in the discretion of said Commissioners. See. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company. Unless such acceptance be filed witli the secretary of the said South Park Commissioners within thirty days after the passage hereof, this ordi- nance shall be null and void. AMENDMENT TO ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COIMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS WESTERN AVENUE BOULEVARD AT THIRTY-FIFTH STREET. [PASSED NOVEMBER 11, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That section 5 of an ordinance heretofore passed on the 12th day of October, 1892, by the South Park Commissioners, being an ordinance granting to the Chicago City Railway Company permission to lay down, maintain and operate a double track street rail- way across "Western Avenue boulevard at Thirty-fifth sirect, be, and the same is hereby amended by striking from said ordinance said section 5, and inserting in lieu and stead thereof the following: Sec. 5. That in the exercise of the jDermission here- by granted said Chicago City Railway Company shall not make use of steam power nor anything but horse power and electric power in propelling, conducting and operating its cars across said boulevard, nor per- mit any dummy or other engine to cross or recross the same at any time. Sec. 2. This ordinance shall be in force and take ef- STKEET KAILKOADS. 175 feet f lom ann after its written acceptance by said Chi- cago City Kailway Company, and unless said accept- ance I'e filed with the secretary of the Board of South Park Coiiimissioners within 30 days after its passage this ordinance shall be null and void. ORDINANCE GRANTING TO CHICAGO CITY RAILWAY COMPANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS GARFIELD BOULEVARD AT INTERSEC- TION OF HALSTED STREET. [PASSED SEPTEMBER 12, 1894.] Whereas, on November 12th, 1884, the Chicago City Railway Company was given permission to cross Gar- field boult'vard at Halsted street, subject to certain condirioji-> ijnposed upon said Chicago City Railway Company ; And, wliereas, The said Chicago City Railway Com- pany is now desirous of using electric power for the propelling of its cars, instead of horse power ; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section ]. That in consideration of the undertak- ing by the Chicago City Railway Company to comply with the conditions heretofore imposed upon it in ref- erence to the crossing of Garfield boulevard at its inter- section with Halsted street, and also to comply w^ith the conditions of this ordinance, permission is hereby given to said Chicago City Railway Company to make use of electric power in propelling, conducting or op- erating its street cars across Garfield boulevard at its intersection with Halsted street. Sec. 2. That the said tracks now on said boulevard shall be replaced or made suitable to the use of street 17() STEEET KAILKOADS. ears propelled by electric power, under the supervis- ion and direction of the Superintendent of the South Park Commissioners, and after the tracks are so re- newed or made suitable to the purpose of street ears propelled by electric power, the roadway shall be re- placed in perfect order and condition at the expense of said railway company, and to be so kept by it at its expense at all times in such manner as shall be direct- ed by said Superintendent, and when said tracks are so renewed or made suitable to the purpose of street ears propelled by electric power, the said railway com- pany shall pave the space between their rails, and also the space on each side of their tracks extending to the gutter line established by the South Park Commission- ers with granite paving block in a manner satisfactory to the said South Park Commissioners, and shall main- tain this pavement in good condition. Sec. 3. That said railway company shall have the jDrivilege of erecting four iron posts in Garfield boule- vard at the crossing of Halsted street at points indi- ^^ated by the South Park Commissioners; that said posts shall be of character and size satisfactory to the said Park Commissioners; that the trolley and sup- porting wires held by the said four posts shall be at an elevation above the surface of said boulevard indi- cated by the said South Park Commissioners, not, how- ever, to be less than sixteen feet ; that no feed wire or wires shall cross the said boulevard above the surface of said boulevard. Sec. 4. That no feed wire or wires or any other con- ductors, conveyors or conduits other than the trolley and supporting wires above referred to shall be placed or maintained by the said railway company across said STEEET RAILROADS. 177 lionlevard ; that if any feed wire or wires are necessary to be run across the said boulevard, special permission shall first be obtained thereto from the South Park Commissioners, and if permission is granted such feed wires shall be carried under ground under the direc- tions prescribed and conditions imposed by the South Pa vk Commissioners. See. 5. No street cars, horses or other obstructions shall ever stojD or stand upon the said crossings, and all stoppage of cars to take on or let off passengers, or for other purposes, shall be before reaching or after crossing the said boulevard. Sec. 6. The said railway comj^any shall not at any time operate or propel its cars across the said boule- vard at a rate of speed exceeding four miles an hour. Sec. 7. That in the exercise of the permission here- by granted the said Chicago City Railway Company shall not make use of any other power in propelling and operating its cars across said boulevard than the power for which permission is hereby granted, nor shall the said electric i)ower be any other than by means of electric motors placed on said street cars and operated by an electric current generated by stationary machinery at a distance and conveyed to the said street cars through the agency of an overhead trolley wire. Sec. 8. The said Chicago City Railway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs and expenses which said South Park Commissioners may sutfer and which may be recoverable or obtained against said South Park 178 STREET RAILROADS. Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway com- pany or for or by reason of, or growing out of, or re- sulting from, the exercise by said railway company of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- porary and subject to such further or other restrictions as said South Park Commissioners or their successors may from time to time deem advisable and also sub- ject to be wliolh^ revoked in the descretion of the said Commissioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by the said Chicago City Eailway Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after the passage hereof this ordi- nance shall be null and void. ORDINANCE GRANTING TO CHICAGO CITY RAILWAY COM- PANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS MICHIGAN AVENUE AT INTERSECTION OF THIRTY-NINTH STREET, GRAND BOULEVARD AT INTERSECTION OF THIRTY-NINTH STREET, AND GAR- FIELD BOULEVARD AT INTERSECTION OF WENT- WORTH AVENUE. [PASSED OCTOBER 31, 1894.] Whereas, The Chicago City Eailway Company has tracks across Michigan avenue at Thirty-ninth street, Grand boulevard at Thirty-ninth street, and Garfield boulevard at Wentworth avenue, subject to certain conditions imposed by ordinances giving permission to lay said tracks ; And whereas, The said Chicago City Eailway Com- STREET RAILKOADS. 179 pany is now desirous of using electric power for the propelling of its cars instead of horse power; BE IT ORDAINED BY THE SOUTH PARK COMAHSSIONERS : Section 1. That in consideration of the undertaking by the Chicago City Kailway Company to comply with the conditions heretofore imposed upon it in reference to the crossing of Michigan avenue at Thirty-ninth street, Grand boulevard at Thirty-ninth street, and Garfield boulevard at Wentworth avenue; and also to comply with the conditions of this ordinance, permis- sion is hereby given to said Chicago City Railway Com- pany to make use of electric power in propelling, con- ducting and operating its cars across Michigan avenue at Thirty-ninth street, Grand boulevard at Thirty- ninth street, and Garfield boulevard at Wentworth avenue. Sec. 2. That the said tracks now on said avenue and boulevards shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervision and direction of the Superintendent of the South Park Commissioners, and after the tracks are so renewed or made suitable to the purpose of street cars propelled by electric power, the roadway shall be replaced in perfect order and condition at the expense of said railway company, and to be so kept by it at its expense at all times, in such manner as shall be directed by said Superintendent; and when said tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the said rail- way company shall pave the space between the rails, and also the space on each side of their tracks extend- ing to the gutter line established by the South Park 180 STREET RAILROADS. Commissioners with granite paving block, or brick, or such material as directed by and in a manner satis- factory to said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting four iron posts in Grand boule- vard at the crossing of Thirty-ninth street, and four iron posts in Garfield boulevard at the crossing of Wentworth avenue, at points indicated by the South Park Commissioners, that said posts shall be of the character and size satisfactory to said Commissioners ; that the trolley and supporting wires held by said four posts shall be at an elevation above the surface of said avenue and boulevards indicated by said South Park Commissioners, not, however, to be less than sixteen feet; that no feed wire, or wires, shall cross the said avenue and boulevards above the surface of said ave- nue and boulevards. Sec. 4. That no feed wire or wires or any other con- ductors, conveyors or conduits other than the trolley and supporting wires above referred to, shall be placed or maintained by said railway company across said avenue or boulevards; that if any feed wire or wires are necessary to be run across the said avenue or boulevards special permission shall first be obtained thereto from the South Park Commissioners, and if permission is granted such feed wires shall be carried under ground under the directions prescribed and con- ditions imposed l)y the said South Park Commission- ers. Sec. 5. No street cars, horses or other obstructions shall ever stop or stand upon said crossings, and all STREET RAILROADS, 181 stoppage of cars to take on or let off passengers, or for any otlier purpose, shall be before reaching or after crossing the said avenue or boulevards. Sec. 6. The said railway company shall not at any time operate or propel its cars across the said avenue or l)onlevards at a rate of speed exceeding four miles an hour, having first made a full stop before entering ■on said avenue or boulevards. Sec, 7. That in the exercise of the permission here- by granted the said Chicago City Eailway Company shall not make use of any other power in propelling and o])erating its cars across said avenue or boule- vards than the power for which permission is hereby granted, nor shall the said electric power be any other than by means of electric motors placed on said street cars and operated by an electric current generated by stationary machinery at a distance and conveyed to said street cars through the agency of an overhead trolley wire. Sec, 8, That said Chicago City Kailway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs and expenses which said South Park CV)mmissioners may suifer, and which may be recoverable or obtained against said South Park Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway com- pany, or for, or by reason of, or growing out of, or re- sulting from, the exercise by said railway company of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- ]jorary and subject to such further or other restrictions 182 STREET RAILROADS. as said South Park Commissioners, or their successors, may from time to time deem advisable, and also subject to be wholly revoked in the discretion of said Commis- sioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by said Chicago City Eail- way Company, and unless such acceptance be tiled with the secretary of the South Park Commissioners within thirty days after the passage hereof this ordinance shall be null and void. ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS MICHIGAN AVENUE AT INTERSEC- TIONS OF TWENTY-SIXTH STREET, THIRTY-FIRST STREET AND FORTY-THIRD STREET, ACROSS GRAND BOULEVARD AT INTERSECTION OF FORTY-THIRD STREET, AND ACROSS DREXEL BOULEVARD AT INTER- SECTION OF FORTY-THIRD STREET. [PASSED DECEM- BER 12, 1894.] Whereas, The Chicago City E ail way Company has tracks across Michigan avenue at Twenty-sixth street, Thirty-first street and Forty-third street, Grand boule- vard at Forty-third street, and Drexel boulevard at Forty-third street, subject to certain conditions im- posed by ordinances giving permission to lay said tracks ; And, whereas. The Chicago City Railway Company is now desirous of using electric power for the propell- ing of its cars, instead of horse power ; BE IT ORDAtNED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with STREET K\ILROADS. 183 tlie conditions heretofore imposed upon it in reference to the crossing of Michigan avenue at Twenty-sixth street, Thirty-first street and Forty-third street, Grand houlevard at Forty-third street and Drexel boulevard at Forty-third street, and also to comply with the con- ditions of this ordinance, permission is hereby given to said Chicago City Eailway Company to make use of electric power in propelling, conducting and operating- its cars across Michigan avenue at Twenty-sixth street, Thirty-first street and Forty-third street. Grand boule- vard at Forty-third street and Drexel boulevard at Forty-third street. Sec. 2. That the said tracks now on said avenue and boulevards shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervision and direction of the Superintendent of the South Park Commissioners, and after the tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the roadway shall be replaced in perfect order and condition at the expense of the said railway company, and to be so kept by it at its expense at all times, in such manner as shall be directed by said Superintendent, and when said tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the said rail- way company shall pave the space between the rails, and also the space on each side of their tracks extend- ing to the gutter line established by the South Park Commissioners, with granite paving blocks, or brick, or such material as directed by, and in a manner satis- factory to said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That said railway company shall have the 184 STREET RAILROADS. privilege of erecting four iron posts in Grand boule- vard at the crossing of Forty-third street and four iron posts in Drexel boulevard at the crossing of Forty- third street, at points indicated by the South Park Commissioners; that said posts shall be of the char- acter and size satisfactory to said Commissioners; that the trolley and supporting wires held by said four posts shall be at an elevation above the surface of said avenue and boulevards indicated by said South Park Commissioners, not, however, to be less than sixteen feet; that no feed wire, or wires, shall cross the said avenue and boulevards above the surface of said ave- nue and boulevards. Sec. 4. That no feed wire or wires, or any other con- ductors, conveyors or conduits, other than the trolley and supporting wires above referred to, shall be placed or maintained by said railway company across said avenue or boulevards ; that if any feed wire or wires are necessary to be run across the said avenue or boulevards special permission shall first be obtained thereto from the South Park Commissioners, and if permission is granted, such feed wires shall be carried under ground under the directions prescribed and con- ditions imposed by the said South Park Commissioners. Sec. 5. No street cars, horses or other obstructions shall ever stop or stand upon said crossings, and all stoppages of cars to take on or let off passengers, or for any other purjoose, shall be before reaching or after crossing the said avenue or boulevards. Sec. 6. The said railway company shall not at any time operate or propel its cars across the said avenue or boulevards at a rate of speed exceeding four miles STREET RAILROADS. 185 an hour, having first made a full sto]^ before entering on said avenue or boulevards. Sec. 7. That in the exercise of the permission here- j)y granted, the said Chicago City Kailway Company .^liiill not make use of any other power in propelling and o])erating its cars across said avenue or boulevards tlian the power for which permission is hereby grant- ed ; nor shall the said electric power be any other than by means of electric motors placed on said street cars and operated by an electric current generated by sta- tionary machinery at a distance and conveyed to said street cars through the agency of an overhead trolley wire. Sec. 8. The said Chicago City Railway Company •sliall indemnify and save harmless the said South Park (Commissioners against and from any and all damages, judgments, decrees and costs, and expenses which said South Park Commissioners may suffer, and which may be recoverable or obtained against said South Park Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway company, or for, or by reason of, or growing out of, or resulting from, the exercise by said railway company of the privileges hereby granted. Sec. 9. The permission hereby granted is to l)e tem- poiary and subject to such further or other restrictions as said South Park Commissioners, or their successors, may from time to time deem advisable, and also sub- ject to l)e wholly revoked in the discretion of said Com- mi-si()}iei"s. Sec. 10. And, whereas, there was heretofore grant- ed a ])ennit, by su7idry oi'dinances, to Chicago City 186 STHEKT RAILROADS. Kail way Company to propel its cars by electricity across Grand Boulevard and Michigan avenue at For- ty-seventh street, and also Garfield boulevard at Hal- sted street, and also Western Avenue boulevard at Thirty-fifth street, upon terms and conditions therein respectively contained, and wherein respectively there is no provision compelling the cars to come to a full stop before crossing said respective boulevards. NOW, THEREFORE, IT IS HEREBY FURTHER ORDAINED BY TFIE SOUTH PARK COMMISSIONERS: That said Chicago City Eailway Company shall at each of the intersections herein last mentioned, to- wit: At Grand boulevard and Michigan avenue, at Forty-seventh street, Garfield boulevard at Halsted street, and also at Western Avenue boulevard at Thir- ty-fifth street, cause each and every car before cross- ing said respective boulevards to come to a full stop. Sec. 11. That no car of the Chicago City Railway Company propelled by electricity shall. cross any boule- vard under the control and jurisdiction of the South Park Commissioners at a greater rate of speed than four miles jDer hour. Sec. 12. This ordinance shall be in force from and after its written acceptance by said Chicago City Eailway ComjDany, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after the passage hereof this ordi- nance shall be null and void. STREET RAILROADS. 187 ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS GARFIELD BOULEVARD AT THE INTER- SECTION OF ASHLAND AVENUE, AND WESTERN AVE- NUE AT THE INTERSECTION OF ARCHER AVENUE. LPASSED MAY 8, 1895.] Whereas, The Chicago City Railway Company has tracks across Garfield boulevard at Ashland avenue, and Western avenue at Archer avenue, subject to cer- tain conditions imposed by ordinances giving permis- sion to lay said tracks; And, whereas, The Chicago City Railway Company is now desirous of using electric power for the propell- ing of its cars, instead of horse power ; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertak- ing by the Chicago City Railway Company to comply with the conditions heretofore imposed upon it in ref- erence to the crossing of Garfield boulevard at Ash- land avenue, and Western avenue at Archer avenue, and also to comply with the conditions of this ordi- nance, permission is hereby given to said Chicago City Railway Company to make use of electric power in propelling, conducting and operating its cars across Garfield boulevard at Ashland avenue and Western avenue at Archer avenue. Sec. 2, That the said tracks now on said avenue and boulevard shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervision and direction of the Superintendent of the South Park Commissioners, and, after the tracks are so renewed or made suitable to the purpose of 188 STREET RAILROADS. street cars propelled by electric power, the roadway shall be replaced in perfect order and condition at the expense of the said railway company, and to be so kept by it at its expense at all times in such manner as shall be directed by said Superintendent, and when said tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the said rail- way company shall pave the space between the rails, and also the space on each side of the tracks extending to the gutter line established l)y the South Park Com- missioners, with granite paving blocks, or brick, or such material as directed by, and in a manner satisfac- tor.y to said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting four iron posts in Garfield boule- vard at the crossing of Ashland avenue, and such number of iron posts as may be directed by the South Park Commissioners, not exceeding five, in Western avenue at the crossing of Archer avenue, at points indi- cated by the South Park Commissioners; that said posts shall be of the character and size satisfactory to said Commissioners; that the trolley and supporting wires held by said posts shall l)e at an elevation above the surface of said avenue and boulevard indicated by said South Park Commissioners, not, however, to be less than sixteen feet; that no feed wire, or wires, shall cross the said avenue and boulevard above the surface of said avenue and boulevard. Sec, 4. That no feed wire or wires, or any other con- ductors, conveyors or conduits, other than the trolley and supporting wires above referred to, shall be placed or maintained by said railway company across said STREET RAILROADS. 189 avenue or boulevard; that if any feed wire or wires are necessary to be run across the said avenue or boule- vard special permission shall first be obtained thereto from the South Park Commissioners, and if permis- sion is granted such feed wires shall be carried under ground under the directions prescribed and conditions imposed by the said South Park Commissioners. Sec. 5. No street cars, horses, or other oljstructions shall ever stop or stand upon said crossings, and all stoppages of cars to take on or let otf passengers, or for any other purpose, shall be before reaching or after crossing the said avenue or boulevard. Sec. 6. The said railway company shall not at any lime operate or propel its cars across the said avenue or boulevard at a rate of speed exceeding four miles an hou)-, having first made a full stop before entering on said avenue or boulevard. Sec. 7. That in the exercise of the permission here- by granted the said Chicago City Eailway Company shall not make use of any other power in propelling and operating its cars across said avenue or boulevard than the power for which permission is hereby grant- ed, nor shall the said electric power be any other than by means of electric motors placed on said street cars and operated by an electric current generated by sta- tionary machinery at a distance and conveyed to said street cars tiirough the agency of an over-head trolley wire. Sec. 8. The said Chicago City Railway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs, and expenses which said 190 STREET EAILROADS. South Park Commissioners may suffer and whicli may be recoverable or obtained against said South Park Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway com- pany, or for, or by reason of, or growing out of, or re- sulting from the exercise by said railway company of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- porary and subject to such further or other restric- tions as said South Park Commissioners, or their suc- cessors, may from time to time deem advisable, and also subject to be wholly revoked in the discretion of said Commissioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after the passage hereof this ordi- nance shall be null and void. AN ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS DREXEL BOULEVARD AT FORTY-SEVENTH STREET. [PASSED OCTOBER 9, 1S95.] Whereas, The City Council of the City of Chicago heretofore, to-wit : on the 8th day of July, A. D. 1895, duly passed an ordinance granting and permitting the Chicago City Railway Company to lay down, maintain and operate by electricity a double track street railway upon and along Forty-seventh street from Cottage Grove avenue to the lake; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertak- STREET RAILROADS. 191 ing by the Chicago City Eailway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Eailway Company to lay down and maintain a double track street rail- way across Drexel boulevard at Forty-seventh street, and to operate the same with electricity or horse power. Sec. 2. Said tracks shall be laid under the super- vision and direction of the Superintendent of the South Park Commissioners, and after said tracks are laid the roadway shall be replaced in perfect order and con- dition at the expense of said railway company, and to be so kept by it at all times, in such manner as shall be directed by said Superintendent, and when said tracks are laid the said railway company shall pave the space between the rails and also the space on each side of its tracks extending to the curb and cross walk lines as established by the South Park Commissioners in said Drexel boulevard crossing, with granite blocks or such other material as the South Park Commission- ers may determine and direct, and in a manner satis- factory to said Superintendent, and shall maintain such pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting four iron posts in Drexel boule- vard crossing of Forty-seventh street; that such posts shall be of a character and size satisfactory to said Commissioners; that the trolley and overhead wires held by said poles shall be at an elevation above the surface of said boulevard indicated by the said South Park Commissioners, not, however, to be less than six- teen feet; that no feed wire or wires shall cross said Drexel boulevard at Forty-seventh street above the 192 STREET RAILROADS. surface of said boulevard, and such feed wire or wires, if any are used, shall be placed under ground at said Drexel boulevard crossing of Forty-seventh street, and under the direction and supervision of the Super- intendent of said South Park Commissioners ; said posts shall be placed in such a way and manner as is satisfactory to the Superintendent of the South Park Commissioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand upon said crossing, and all stoppage of cars to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing the said boulevard, and all cars approaching said boulevard shall come to a full stop before crossing the same. Sec. 5. Said railway company shall not at any time operate or propel its cars across the said boulevard at a rate of speed exceeding four miles an hour. Sec. 6. That in the exercise of the permission here- ]jy granted, the Chicago City Eailway Company shall not make use of any other power, nor propel or operate its cars across said boulevard, other than the power for which permission is hereby granted; nor shall said electric power be other than by means of electric mo- tors placed on street cars and operated by electric cur- rent generated by stationary machinery placed at a distance and conveyed to said cars through the agency a^f an overhead trolley wire. Sec. 7. That the Chicago City Eailway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, decrees and costs and expenses which said South Park STREET RAILROADS. 193 Commissioners may suffer, or which may be recover- able or obtained against said South Park Commission- ers, for or by reason of the granting of the privileges hereby conferred ujoon said company, or for, or b}^ rea- son of, or growing out of, or resulting from the exercise by said company of the privileges herein granted. Sec. 8. The permission hereby granted is subject to such further order or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable. Sec. 9. That a grooved or such other rail as the South Park Commissioners may direct shall l)e laid by the Chicago City Railway Company in the Drexel bou- levard crossing at Forty-seventh street, the section of which shall be approved by the South Park Commis- sioners. Sec. 10. That the Chicago City Railway Company shall, upon an order to that effect from the South Park Commissioners, j^ut in grooved or other rails of a sec- tion satisfactory to the South Park Commissioners at any of the points where the said company's tracks cross the boulevards under the control of the South Park Commissioners, when the said company for any reason desire to replace the rails at such crossings. Sec. 11. This ordinance shall be in force from and after its written acceptance by said Chicago City Railway Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after its passage this ordinance shall be null and void. 194 STREET RAILROADS. ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS MICHIGAN AVENUE AT INTERSECTION OF FIFTY-FIRST STREET. [PASSED DECEMBER 11, 1895.] Whereas, The Chicago City Eailway Company has tracks across Michigan avenue at Fifty-first street, subject to certain conditions imposed by ordinance giv- ing permission to lay said tracks ; And, whereas, The Chicago City Eailway Company is now desirous of using electric power for the propell- ing of its cars, instead of horse power; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertak- ing by the Chicago City Railway Company to comply with the conditions heretofore imposed upon it in ref- erence to the crossing of Michigan avenue at Fifty-first street, and also to comply with the conditions of this ordinance, permission is hereby given to said Chicago City Eailway Company to make use of electric power in propelling, conducting and operating its cars across Michigan avenue at Fifty-first street. Sec. 2. That the said tracks now at the said inter- section of Michigan avenue and Fifty-first street shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervision and direction of the Superintendent of the South Park Com- missioners, and after the tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the roadway shall be replaced in perfect order and condition at the expense of the said railway company, and to be so kept by it at its expense at all times, in such manner as shall be directed by STREET RAILROADS. 195 said Supei'inteiKlent, and when directed so to do by the South Park Commissioners the said railway company shall pave the space between the rails, and also the space on each side of its tracks extending to the gut- ter and cross walk lines established by the South Park Commissioners, with granite paving blocks, or such other material as directed by, and in a manner satis- factory to, said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That the trolley wires shall be at an eleva- tion al)ove the surface of Michigan avenue at said in- tersection of Fifty-first street indicated by said South Park Commissioners, not, however, to be less than six- teen feet; that no feed wire, or wires, shall cross the said avenue above the surface of said avenue. Sec. 4. That no feed wire, or wires, or any other conductors, conveyors or conduits, other than the trol- ley wires above referred to, shall be placed or main- tained by said railway company across said avenue; that if any feed wire or wires are necessary to be run across the said avenue special permission shall first be obtained thereto from the South Park Commissioners; and if permission is granted such feed wires shall be carried under ground under the directions prescribed and conditions imposed by the said South Park Com- missioners. Sec. 5. No street cars, horses or other obstructions shall ever stop or stand upon said crossing, and all stoppages of cars to take on or let otT passengers, or for any other purpose, shall be before reaching or after crossing the said avenue. Sec. G. The said railway company shall not at any 196 STKEET RAILROADS, time operate or propel its cars across said avenue at a rate of speed exceeding four miles an hour, having first made a full stop before entering on said avenue. Sec. 7. That in the exercise of the permission here- by granted, the said Chicago City Railway Company shall not make use of any other power in propelling and operating its cars across said avenue than the power for which jjermission is hereby granted; nor shall the said electric power be any other than by means of electric motors placed on said street cars and operated by an electric current generated by station- ary machinery at a distance and conveyed to said street cars through the agency of an overhead trolley wire. Sec. 8. The said Chicago City Railway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs, and expenses which said South Park Commissioners may suffer, and which may be recoverable or obtained against said South Park Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway com- pany, or for, or by reason of, or growing out of, or re- sulting from, the exercise by said railway comjjany of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- porary and subject to such further or other restrictions as said South Park Commissioners, or their successors, may from time to time deem advisable, and also sub- ject to be wholly revoked in the discretion of said Com- missioners. Sec. 10. This ordinance shall be in force from and STREET RAILROADS. 197 nfter its written acceptance by the said Chicago City Eailway Company, and unless snch acceptance be filed with the secretary of the Sonth Park Commissioners within thirty days after the passage hereof this ordi- nance shall be null and void. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS GARFIELD BOULEVARD AT CENTER AVENUE. [PASSED APRIL S, 1896.] Whereas, The City Council of the City of Chicago heretofore, to-wit : on the 9th day of July, A. D. 1894, duly passed an ordinance granting and permitting the Chicago City Eailway Comjoany the right to lay down, maintain and operate by electricity a double track street railway upon and along -Center avenue from Forty-seventh street to Sixty-third street; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking ])y the Chicago City Eailwaj' Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Eailway Company to lay down and maintain a double track street railway across Garfield boulevard at Center avenue, and to op- erate the same with electricity or horse power. Sec. 2. Said tracks shall be laid under the supervis- ion and direction of the Superintendent of the South Park Commissioners, and after said tracks are laid the roadway shall be replaced in perfect order and condi- tion at the expense of said railway company, and to be so kept by it at all times in such manner as shall be 198 STREET RAILEOADS. directed by the Superintendent of the South Park Com- missioners, and when said tracks are laid the said rail- way compan}' shall pave the space between the rails and also on each side of its tracks extending to the curb and cross walk lines as established by the South Park Commissioners in said Garfield boulevard crossing, with granite block or such other material as the South Park Commissioners may determine and direct, and in a manner satisfactory to said Superintendent, and shall maintain such pavement in good condition. Sec. 3. The said railway company shall have the privilege of erecting four iron posts on Garfield boule- vard crossing of Center avenue; that such posts shall be of a character and size satisfactory to said Com- missioners; that the trolley and overhead wires held by said poles shall be at an elevation above the surface of said l)oulevard indicated by the said South Park Commissioners, not, however, to be less than sixteen feet ; that no feed wire or wires- shall cross said Gar- field boulevard at Center avenue above the surface of said boulevard, and such feed wire or wires, if any are used, shall be placed under ground at said Garfield boulevard crossing of Center avenue, and under the direction and supervision of the Superintendent of said South Park Commissioners ; said posts shall be placed in such a way and manner as is satisfactory to the Superintendent of said South Park Commissioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand upon said crossing, and all stoppages of cars to take on or let otf passengers, or for any other purpose, shall be l)efore reaching or after crossing said boulevard, and all cars approaching said STREET RAILROADS. 199 boulevard shall come to a full stop before crossing the same. Sec. 5. The said railway company shall not at any time operate or propel its cars across said boulevard at a rate of speed exceeding four miles an hour. Sec. 6. That in the exercise of the permission here- by granted, the Chicago City Railway Company shall not make use of any other power nor propel or operate its cars across said boulevard, than the power for which permission is hereby granted, nor shall said elec- tric power be other than by means of electric motors placed on the street cars and operated by the electric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 7. That the Chicago City Eailway Company shall indemnify and save harmless the South Park Commissioners against and from any and all damages, decrees and costs and expenses which said South Park Commissioners may suffer, or which may be recover- able or obtained against said South Park Commission- ers for or by reason of the granting of the privileges hereby conferred upon said company, or for or by rea- son of, or growing out of, or resulting from the exercise by said company of the privileges hereby granted. Sec. 8. The permission hereby granted is subject to such further order or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable. Sec. 9. That a grooved or such other rail as the South Park Commissioners may direct shall be laid by the Chicago City Eailway Company in the Garfield 200 STREET RAILROADS. l)oii]evard crossing at Center avenue, the section of which shall be approved by the South Park Commis- sioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by said Chicago City Eail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall be null and void. ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COxAIPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY AT FORTY-SEVENTH STREET ACROSS WESTERN AVENUE BOULEVARD. [PASSED JULY 8, 1896.] Whereas, The City Council of the City of Chicago heretofore, to-wit : on the 8th day of July, A. D. 1895, duly passed an ordinance granting and permitting the Chicago City Eailway Company the right to lay down, maintain and operate by electricity and other power, a double track street railway upon and along Forty- seventh street from the present terminus of the tracks on said Forty-seventh street to the intersection of Archer avenue with said street; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance permission is hereby granted to said Chicago City Eailway Company to lay down and maintain a double track street railway across Western Avenue boulevard at Forty-seventh STREET EAILROADS. 201 street, and to operate the same with electricity or horse power. Sec. 2. Said tracks shall be laid under the super- vision and direction of the Superintendent of the South Park Commissioners, and after said tracks are laid the roadway shall be replaced in perfect order and condi- tion at the expense of said railway company, and to be so kept by it at all times, in such manner as shall be directed by the Superintendent of the South Park Commissioners, and when said tracks are laid the said railway company shall pave the space between the rails and also on each side of its tracks extending to the curb and cross-walk lines as established by the South Park Commissioners in said Western Avenue boulevard crossing, with granite block or such other material as tlie South Park Commissioners may deter- mine and direct, and in a manner satisfactory to said Superintendent; and shall maintain such pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting the necessary iron posts on West- ern Avenue boulevard crossing of Forty-seventh street ; that such posts shall be of a character and size satisfactory to said Commissioners; that the trolley and overhead wires held by said poles shall be at an elevation above the surface of said boulevard indicated by the said South Park Commissioners, not, however, to be less than sixteen feet ; that no feed wire or wires shall cross said Western Avenue boulevard crossing of Forty-seventh street above the surface of said boule- vard, and such wire or wires, if any are used, shall be placed undei^ground at said Western Avenue boule- 202 STREET RAILROADS, vard crossing of Forty-seventh street, and nnder the direction and supervision of the Superintendent of said South Park Commissioners; said posts shall be placed in such a way and manner as is satisfactory to the Superintendent of the said Soutli Park Commissioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand upon said crossing, and all stoppages of cars to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing said boulevard, and all cars approaching said boulevard shall come to a full stop before crossing the same. Sec. 5. Said railway company shall not at any time operate or propel its cars across said boulevard at a rate of speed exceeding four miles an hour. Sec. 6. That in the exercise of the jiermission here- by granted, the Chicago City Eailway C^impany shall not make use of any other power, nor pro])el or operate its cars across said boulevard, than tlie power for which permission is hereby granted, nor shall said elec- tric power be other than by means of electric motors placed on the street cars and operated by the electric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 7. That the Chicago City Railway Company shall indenmify and save harmless the South Park Commissioners against and from any and all damages, decrees and costs and expenses which said South Park Commissioners may suffer, or which may be recover- able or obtained against said South Park Commission- ers for or by reason of the granting of the privileges BTRKKI liAILKOAIiS. 203 li(M (*!)>• ('()Ii1'('J'1(m1 U|j(Hi .-aid coiiipaiiy, or Tor or by rea- son of, or j^rowing out of, or resulting from the exer- cise by said couipanx- of tlic privileges liereby granted. Sec. S. 'I'lic pc)iiii->io)i hereby granted is su})ject to such further order or otiier restrictions as the South Paik ( "ornruissioners, or tlieir successors, may from time 1() time deem advisable. Sec. I). Tiiat a gi'ooved or sucii otiier rail as the South Tark ( 'ommissioners may diicct siiall he laid hy the Chicago ('i1> K'ailway ( ompany, in the Western Avenue houlevaid ci'ossing at Forty-seventh street, the section of which shall be approved by the South Park ( 'ommissioners. Sec. 10. This ordinance >liall he in foi'ce from and after its written acceptance by said Chicago City liaii- way Com]>any, and unless such acceptance be filed with the secretary of the South Park Commissioners witliin thirty days after its passage this ordinance shall be null and void. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY THE RIGHT TO CHANGE THE MOTIVE POWER OF ITS CARS CROSSING THIRTY-FIFTH STREET BOULEVARD ON INDIANA AVENUE, AND CROSSING MICHIGAN AVENUE BOULEVARD ON EIGHTEENTH STREET, FROM HORSE TO ELECTRIC POWER. [PASSED NOVEMBER 18, 1800.] Whereas, The Chicago City Railway Company has in operation on Indiana avenue, crossing Thirty-fifth street boulevard, and on Eighteenth street, crossing Michigan avenue boulevard, a double track street rail- way, by horse cars, which it desires to change to elec- 204 STREET RAILROADS. trie power, in and by means of the overhead trolley; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section ] . That in consideration of the undertaking by the C^hicago City Eailway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Railway Company to maintain the double track street railway crossing Thirty-fifth street boulevard on Indiana avenue, and crossing Michigan avenue boulevard on Eighteenth street, and to operate the same by electricity. Sec. 2. The said tracks or rails at the respective crossings shall be changed from girder to grooved rails of a pattern satisfactory to the Superintendent of the South Park Commissioners, and be laid under the su- pervision and direction of the Superintendent of the South Park Commissioners, and after said tracks are laid the roadbed shall be placed -in perfect order and condition at the expense of said Chicago City Eailway Company, and to be so kept by it at all times and in such manner as shall be directed by the superintendent of the South Park Commissioners; and when said tracks are laid and in operation by electricity, at the respective crossings, the said Chicago City Eailway Company shall pave the space between the rails, and also on each side of its tracks, extending to the curb and cross walk lines, as established by the South Park Commissioners, on said Thirty-fifth street boulevard at Indiana avenue, and on said Michigan avenue boule- vard at Eighteenth street, with granite blocks or such other materials as the South Park Commissioners may determine and direct, and in a manner satisfactory to STREET RAILROADS. 205 said Superintendent of the South Park Commissioners, and shall maintain such pavement in good condition. Sec. 3. That the trolley wire shall be at an eleva- tion above the surface of the street, at the respective crossings, indicated by the South Park Commissioners, not, however, to be less than sixteen feet. Sec. 4. That no feed wire or wires, or any other con- ductors, conveyors, or conduits other than the trolley wires above referred to, shall be placed or maintained by said company above and across said respective boulevards at the places aforesaid; that if any feed wire or wires are necessary to be run across the said respec- tive boulevards at the crossings aforesaid, permission shall be first obtained therefor from the South Park Commissioners, and if permission is granted, such feed wires shall be carried underground under the directions and conditions prescribed and imposed by the South Park Commissioners. Sec. 5. Xo street cars, horses or other obstructions shall stop or stand upon said crossings, and all stop- pages of cars to take on and let off passengers, or for any other reason, shall be before reaching or after crossing the said respective boulevards, at the inter- sections aforesaid; and all cars approaching said boule- vards shall come to a full stop before entering on the same. Sec. ('). The said Chicago City Kailway Company shall not, at any time, operate or propel its cars across said respective boulevards at the crossings aforesaid, at a rate of speed exceeding four miles an hour. Sec. 7. That in the exercise of the permission here- by granted, the said Chicago City Railway Company L'()() t^TlJKKT KAIl.HOADS. yliull not make use of any power (except liorses) in the ))i'o]>e!i:ng and oi)eratiug- of its cars across said l)oule- vards, at the crossings aforesaid, other than the powei' for which permission is hereby granted, nor shall the electric power be other than by means of electric motors placed on said street cars and operated by the electric current generated by stationary machinery phiced at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. S. The said Chicago City liailway Company slinll indenmify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs, and expenses which said South Park C^ommissioners may suffer, or which may be recoverable or obtained against said South Park Commissioners, for or by reason of the granting of the ])rivileges herel)y conferred upon said company, or for or by reason of, or growing out of, or resulting from the exercise by said company of the privileges hereby granted. Sec. 9. The ])erniission hereby granted is to be tem- porary, and subject to such further or other restric- tions as the South Park Commissioners, or their suc- cessors, may from time to time deem advisable, and also to be wholly revoked, in the discretion of said South Park Commissioners. Sec. 10, This ordinance shall be in force from and after its written acceptance by the Chicago City Eail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall bo null and void. S'll'iKK'r HAIIJiOADS. 207 AN ORDINANCE GRANTING THE CHICAGO CITY RAILWAY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK TURN-OUT FROM ARCHER AVENUi: INTO WESTERN AVENUE. [PASSED MAY ll, iho>s.| Wlioreas, tlie Oity Council of the City of Cliifago, lierctol'oro, to-wit: on tlie 24tli day of July, A, I). IW).'), duly i)assed an ordinance granting and permitting the Chicago City Railway CVjmpany to lay down, maintain and operate \>y cjccl licity, a doiihle ti-ack i-ailway in Western avenue southward from Archer avenue, there- fore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking and agreement by the Chicago City KaiNvay Company, to comply with all tli(* conditions of tliis ordinance, and to do all things which }>y tliis ordinance they are ]-e(|uired to do, permission is hereby granted to said Cliicago City Railway Company, to lay down and main- tain a double track turn-out, from Archer avenue into Western avenue, and to operate the same with elec- tricity or horse power. The foregoing permission is now and shall be hereafter, at all times, expressly sub- ject to the exact performance of all the conditions here- inafter imposed upon said railway company, and upon the exact performance of all t\\(t obligations and re- quirements hereinafter imposed uj)on said raili>vay company. The conditions upon which the foregoing permission is given are as follows: Sec. 2. The said tracks shall not extend eastward be- yond a point 47 feet east of range line between Ranges Thirteen and Fourteen East of the Third Principal Meridian, and where the south rail of said turn-out 208 STREET RAILROADS. tracks shall cross a north and south line 16.75 feet east of said range line, said south rail shall not be more than 12.70 feet from the center line of Archer ave- nue measured at right angles to said center line. Said tracts shall be laid under the supervision and direc- tion of the Superintendent of the South Park Commis- sioners, and after said tracks are laid, the roadway shall be replaced in perfect order and condition at the expense of said railway company, and to be so kept by it at all times, in such manner as shall be directed by said superintendent, and when said tracks aro' laid, the said company shall pave the space between the rails and also the space on each side of its tracks extending to the curb lines, as established by the South Park Commissioners in said Archer avenue, with granite blocks or such other material as the South Park Commissioners may determine and direct, and in a manner satisfactory to said Superintendent, and shall permanently maintain such pavement in good condition. Sec. 3. The trolley and overhead wires necessary for the operation of said double track turn-out shall be at an elevation- above the surface of said boulevard to be indicated by said South Park Commissioners, not, however, to be less than sixteen feet; and any feed wire or wires which may be necessary for the opera- tion of said double track turn-out from Archer avenue into Western avenue, if any are used, shall be placed underground under the direction and supervision of the Superintendent of said South Park Commissioners. Sec. 4. No street cars or other obstructions shall ever stop or stand upon said double track turn-out from Archer avenue into Western avenue. STREET Ru4ILR0ADS. 209 Sec. 5, Said railway company shall not at any time operate or propel its cars over said double track turn- out from Archer avenue into Western avenue at a rate of speed exceeding four miles an hour. Sec. 6. In the exercise of the permission hereby granted, the Chicago City Railway Company shall not make use of any other power, nor propel or operate its cars over said double track turn-out from Archer avenue into Western avenue by other power than that for which permission is hereby granted ; nor shall said electric power be used otherwise than by means of elec- tric motors placed on street cars and operated by elec- tric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 7. The Chicago City Eailway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, decrees and costs and expenses which said South Park Commissioners .may sutfer, or which may be recovera- ble or obtained against said South Park Commission- ers, for or by reason of the granting of the privileges hereby conferred upon said company, or for, or by reason of, or growing out of, or resultiiag from the exercise by said company of the privileges herein granted. Sec. 8. The permission hereby granted is subject to such further orders or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable. Sec. 9. The rails to be laid by said railway company in said double track turn-out from Archer avenue into 210 STREET RAILEOADS. Western avenue, shall be grooved rails, or such other rails as the South Park Comissioners may direct. Sec. 10. When so ordered, the Chicago City Rail- way Company will replace the present rails in Archer avenue, between the east and west lines of Western avenue boulevard, with such style of rails as may here- after be selected by said South Park Commissioners for that purpose. Sec. 11. By the acceptance of this ordinance, said railway company hereby expressly agrees to perform, now and at all times hereafter, all the conditions and obligations imposed upon said company by the terms of this ordinance. Sec. 12. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company, and unless such acceptance be filed with the Secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall be null and void. AN ORDINANCE GRANTING TO THE CHICAGO CITY RAIL- WAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY AT THE MICHIGAN AVENUE AND SOUTH PARK BOULE- VARD CROSSINGS OF THIRTY-FIFTH STREET. [PASSED JUNE 8, 1898.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Railway Company to lav down and maintain a double track street railway STREET RAILROADS. 211 across Micliigan avenue and South Park avenue l)oule- vards at Thirty-fifth street, and to operate same with electricity or horse power. Sec. 2. Said tracks shall be laid under the super- vision and direction of the Superintendent of the South Park Commissioners, and after said tracks are laid, the roadway shall be replaced in perfect order and con- dition at the expense of said Chicago City Railway Company, and to be so kept by it at all times, in such manner as shall l)e directed by the Superintend- ent of the South Park Commissioners, and when said tracks are laid the said railway company shall pave the space between the rails and also on each side of its tracks extending to the curb and cross-walk lines as established by the South Park Commissioners in said Michigan avenue and South Park avenue boule- vards at Thirty-fifth street, with granite block or such other material as the South Park Commissioners may determine and direct ; and in a manner satisfactory to said Superintendent, and shall maintain such pave- ment in good condition. Sec. 3. That said railway company shall have- the privilege of erecting the necessary iron posts on Mich- igan avenue and South Park avenue boulevards cross- ing Thirty-fifth street; that such posts shall be of a character and size satisfactory to said Commissioners ; that the trolley and overhead wires held by said poles shall be at an elevation above the surface of said boule- vards, indicated by the said South Park Commission- ers, not, however, to be less than sixteen feet; that no feed wire or wires shall cross said Michigan avenue and South Park avenue boulevards at Thirty-fiftW street above the surface of said boulevards, and such 212 STREET RAILROADS. wire or wires, if any are used, shall be placed under- ground at said crossings, and under the direction and supervision of the Superintendent of said South Park Commissioners ; said posts shall be placed in such a way and manner as is satisfactory to the Superin- tendent of the South Park Commissioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand upon said crossings, and all stoppages of cars to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing said boulevards, and all cars approaching said boulevards shall come to a full stop before cross- ing the same. Sec. 5. Said railway company shall not at any time operate or propel its cars across said boulevards at a rate of speed exceeding fovir (4) miles an hour. Sec. 6. That in the exercise of the permission here- by granted the Chicago City Eailway Company shall not m.ake use of any other power to propel or operate its cars across said boulevards, than the power for which permission is hereby granted, nor shall said electric power be other than by means of electric mo- tors placed on the street cars and operated by the elec- tric current generated by stationary machinery placed ,nt a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 7. That the Chicago City Eailway Company shall indemnify and save harmless the South Park Commissioners against and from any and all damages, decrees and costs and expenses which said South Park Commissioners may suffer, or which may be recover- able or obtained against said South Park Commission- STREET RAILROADS. 213 ers for or by reason of the granting of the privilege lierebv conferred npon said company, or for or by reason of, or growing ont of, or resulting from the exercise by said company of the privileges hereby granted. Sec. 8. The permission hereby granted is subject to such further order or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable. Sec. 9. That a grooved or such other rail as the South Park Commissioners may direct shall l)e laid by the Chicago City Railway Company in Michigan avenue and South Park avenue boulevards crossing Thirty-fifth street, the section of which shall be i\\)- proved by the South Park Commissioners. Sec. 10. And, whereas, said Chicago City Eailway • Company does, at the j^resent time, maintain numerous crossings across streets, driveways and boulevards, under the jurisdiction and control of said South Park Commissioners by virtue of sundry ordinances, or otherwise ; And, whereas, there is no provision compelling said Chicago City Railwa,y Company to use the so-called grooved rail at many of such crossings : Now, there- fore, IT IS HEREBY FURTHER ORDAINED BY THE SOUTH PARK COMMISSIONERS: That the said Chicago City Railway Company shall immediately lay in the place of the rails now existing at every such crossing a grooved or such other rail as the South Park Commissioners may direct. Sec. 11. The permission herein granted by this 214 STREET RAILROADS. ordinance is hereby expressly made conditional upon the full performance, in every respect, by said Chi- cago City Eailway Company of all the requirements set out in Section 10 above. Sec. 12. This ordinance shall be in force from and after its written accei:)tance by said Chicago City Rail- way Company, and unless such acceptance be filed with the Secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall be null and void. ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE, WITH ELECTRIC POWER, A DOUBLE TRACK STREET RAILWAY IN WESTERN AVENUE FROM THE NORTH LINE OF GAGE PARK TO THE SOUTH LINE OF GAGE PARK. [PASSED SEPTEMBER 13, 1899.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Railway Company to lay down, maintain and operate, with electric power, a double track street railway in Western avenue from the north line of Gage Park to the south line of Gage Park. Sec. 2. That the tracks shall be laid upon the grades indicated l)y the South Park Commissioners and in a manner satisfactory to said Commissioners, and when said tracks are laid the said railway company shall, in accordance with the specifications to be furnished l)y said Commissioners, pave the spaces between the rails and tracks, and on either side of the outer rails of the STREET RAILROADS. 2].") tracks, to a point tweut}^ (20) feet beyond said outer rails, with either granite blocks, brick or asphalt, as may be designated by said Commissioners ; such pav- ing shall be done to the extent indicated by said Com- missioners when such tracks are laid, and said rail- way company shall Entirely complete said work with- in thirty (30) days from date of notice given by said Commissioners to that effect; and said railway com- pany shall thereafter maintain such pavement in gootl condition and satisfactory to said Commissioners. Sec. 3. That said rails shall be grooved rails of a section satisfactory to said Commissioners ; that the said railway company shall have the privilege of su.^- pending the trolley and supporting wires from orna- mental iron posts of a design, size and char- acter to be approved by said Commissioners, and said posts shall be placed at such points and in such manner as is satisfactory to said Commissioners; that the trolley and supporting wires shall be at a height above the surface of the driveway indicated by the said Commission- ers, not, however, less than sixteen (16) feet above said surface ; that no feed wire or wires, or any other con- ductors, conveyors or conduits, other than the trolley wires above referred to, shall be carried through Gage Park above the surface of said Western avenue, and said feed wire or wires, conductors, conveyors or con- duits, if any are used, shall be placed underground under the direction and su])ervision of said Commis- sioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand where any driveway in or ad- joining Gage Park may cross Western avenue ; all stop- 216 STREET EAILEOADS. pages of cars to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing any driveway in or adjoining said park; all cars shall come to a full stop before crossing any drive- way which crosses said Western avenue in or adjoin- ing said Gage Park ; should said Oommissioners at any time close Western avenue, or any part thereof, through Gage Park, said railway company will, upon notification so to do from said Commissioners, remove its tracks, posts, wires and conduits from that part of Western avenue in Gage Park within sixty (60) days from the date of such notice. Sec. 5. That said railway companj^ shall not at any time operate or propel its cars along said Western avenue between the north and south lines of said Gage Park, at a rate of speed exceeding four (4) miles an hour. Sec. 6. That in the exercise of the permission here- by granted, the said railway company shall not make use of any other power, nor propel or operate its cars along the portion of Western avenue lying between tlie north and south lines of said Gage Park other than b}^ the power for which permission is hereby granted ; nor shall said electric power be applied other than by means of electric motors placed on said cars and oper- ated by electric current generated by stationary ma- chinery placed at a distance and conveyed to said cars through the agency of said overhead trolley wire, and said cars shall be used for the conveyance of passen- gers exclusively. Sec. 7. That the permission hereby granted is to be temporary and subject to such further or other restric- STREET RAILROADS. 91 tions as the said Commissioners, or their successors, may, from time to time, deem advisable, and also sub- ject to be wholly revoked in the discretion of said Com- missioners. Sec. 8. That the said railway company shall, before the first day of November, 1899, placa grooved rails, of a section satisfactory to said Commissioners, in its tracks where said tracks run through the intersection of Cottage Grove avenue and Drexel and Oakwood boulevards, and said company shall, also, in accordance with the specifications and directions of the said Com- missioners, pave the spaces between the rails and the tracks and for sixteen. (16) feet on each side of the tracks with paving brick, which shall be laid to the grades given by said Commissioners, and shall there- after maintain such pavement in good condition and satisfactory to such Commissioners ; and, Also, shall, before the first day of November, 1899, place grooved rails, of a section satisfactory to said Commissioners, in its tracks in Cottage Grove avenue from a point sixty-seven (67) feet north of the north line of Fifty-first street to a point three hundred and seventeen (317) feet south of the south line of Fifty- first street, and pave the spaces between said rails and said tracks, and for two (2) feet on the outside of said tracks, with brick in accordance with the specifica- tions and directions of said Commissioners, and shall thereafter maintain such pavement and the entire pave- ment of the driveway of Cottage Grove avenue to its curb lines between the points named, in good condi- tion and satisfactory to said Commissioners; and Also, shall, before the first day of November, 1899, place grooved rails, of a section satisfactory to said 218 STREET RAILEOADS. Commissioners, in its tracks in Cottage Grove avenue wliere the various Midway Plaisance drives cross said tracks, for a distance of sixty (60) feet at each drive- way, as indicated by said Commissioners, and shall pave the spaces between the rails and tracks, and for two (2) feet on each side of the tracks, from the south curb line of Fifty-ninth street to the north curb line of Sixtieth street, with paving brick in accordance with the specifications and direction of the said Commis- sioners, and shall therefore maintain such pavements, and the pavement of the entire driveway of Cottage Grove avenue between Fifty-ninth street and Sixtieth street to the curb lines, in good condition and in a manner satisfactory to said Commissioners; and. Also, shall, before the first day of November, 1899, place grooved rails, of a section satisfactory to said Commissioners, in its tracks where said tracks cross Garfield boulevard at State street, Wentworth ave- nue and Halsted street, and shall pave the spaces bt?- tween said rails and tracks, and for two (2) feet on each side of said tracks from the north line of Gar- field boulevard to the south line of Garfield boulevard, with ])aving brick or granite blocks, as may be indi- cated by the said Commissioners, and in accordance with the specifications and directions given by said Commissioners, and shall thereafter maintain such pavements and the pavement of the entire intersections to the curb line in good condition, and in a manner satisfactory to said Commissioners ; and, Also, shall, before the 31st day of August, 1900. pave the entire intersection of Michigan avenue, from lot line to lot line, at Forty-seventh and Fifty-first streets, with asphalt and paving brick, in accordance STREET RAILROADS. 219 Avitli the specifications and under the directions of said Commissioners, and shall place grooved rails, of a section satisfactory to said Commissioners, in its tracks in said intersections, in accordance with the specifications and under the directions of said Com- missioners, and shall thereafter maintain such pave- ments in good condition and in a manner satisfactory to said Commissioners ; and. Also, shall, hefore the 31st day of August, 1900, pave the spaces between its tracks and rails, and for two (2) feet on each side of said tracks, where said tracks cross Garfield boulevard at Center avenue, with paving lu'ick, in accordance with specifications and under the direction of the said C^ommissioners, and shall thereafter maintain such pavement, and the pave- ment of the entire intersection, to the curb lines in good condition and in a manner satisfactory to the said Commissioners. Nothing in this section contained shall be construed to limit, abridge, abrogate or annul any of the duties or burdens imposed and assumed hj said railway com- pany in any ordinance or ordinances, agreement or agreements, heretofore enacted or made, nor to ex- tend or enlarge any privileges heretofore granted to said company. Sec. 9. That the said railway company shall indem- nify and save harmless the said Commissioners against and from any and all damages, judgments, decrees, costs and expenses which said Commissioners may suf- fer, or which may be recoverable or obtained against said Commissioners, for or by reason of the granting of the privileges hereby conferred upon said com- pany, or for, or by reason of, or growing out of, or 220 STREET RAILROADS. resulting from the exercise by said company of the privileges herein granted, and the performance of the duties and obligations herein prescribed. Sec. 10. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company, and unless such acceptance shall be filed Avith the Secretary of the South Park Commis- sioners within thirty (30) days after its passage, this ordinance shall be null and void. ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY THE RIGHT TO CHANGE THE MOTIVE POWER OF ITS CARS CROSSING GARFIELD BOULEVARD ON STATE STREET, FROM CABLE TO ELECTRIC POWER. [PASSED DECEMBER 13, 1899.] Whereas, The Chicago City Railway Company ha^. iig. operation on State street crossing Garfield boule- vard a double track street railway, operated by cable power, which it desires to change to electric power un- der and by means of an overhead trolley; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance, permission is hereby granted to said railway company to operate, with elec- tric power, a double track street railway crossing Grar- field boulevard on State street. Sec. 2. That said railway company shall, before changing said motive power, su])stitute grooved rails, of a section satisfactory to said South Park Commis- sioners, where its tracks or rails cross said Garfield boulevard, which said tracks or rails shall be laid un- STREET KAILROADS. 221 cler the supervision and direction of said Commission- ers, and said railway compan}^ shall, within three days after laying said grooved rails, and before the first day of January, 1900, pave the space between said tracks and rails, and for two feet on each side of said tracks, from the north line of Garfield boulevard to the south line of said GarJfield boulevard, with either brick or granite blocks, as may be indicated by the said Com- missioners and in accordance with the specifications and directions given by said Commissioners, and shall thereafter maintain such pavement, and the pavement of the entire intersection to the curb line in good condi- tion and in a manner satisfactory to said Commission- ers. Sec. 3. That the said railway company shall have the privilege of suspending the trolley and supporting wires from ornamental iron posts of a design, size and character to be approved by the said Commissioners, and said posts shall be placed at such points and in such manner as is satisfactory to said Commissioners ; that the trolley and supporting wires shall be at a height above the surface of the driveway indicated by the said Commissioners, not, however, less than sixteen feet above said surface ; that no feed wire or wires, or am' other conductors, conveyors or conduits, other than the trolley wires above referred to, shall be carried across said boulevard above the surface of said boulevard, and said feed wire or wires, conductors, conveyors or conduits, if any are used, shall be placed under ground under the direction and supervision of said Commis- sioners. Sec. 4. That no cars or other obstructions shall stop or stand upon said crossing, and all stoppages of cars 222 STREET RAILROADS. to take or let off passengers, or for any other reason, shall be before reaching or after crossing the said boulevard at the intersection aforesaid; and all cars approaching said boulevard shall come to a full stop before entering on the same, and the said railway com- pany shall not, at any time, operate or propel its cars across said boulevard at the crossing aforesaid at a rate of speed exceeding four miles an hour. Sec. 5. That in the exercise of the permission here- by granted, the said railway company shall not make use of any power in the propelling and operating of its cars across the said boulevard, at the crossing afore- said, other than the power for which permission is hereby granted, nor shall the electric power be other than by means of electric motors placed on said cars and operated by electric current generated by station- ary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire ; and said cars shall be used for the conveyance of passengers exclusively. Sec. 6. The said railway company shall indemnify and save harmless the said Commissioners against and from any and all damages, judgments, decrees, costs and expenses which said Commissioners may suffer, or which may be recoverable or obtained against said Commissioners, for or by reason of the granting of tho privileges hereby conferred upon said company, or for, or by reason of, or growing out of, or resulting from the exercise by said company of the privileges hereby granted and the performance of the duties and obliga- tions herein prescribed. Sec. 7. The permission hereby granted is to be tem- STREET RAILROADS. 223 porary and subject to such further and other restric- tions as said Commissioners, or their successors, may from time to time deem advisable, and also to be wholly revoked, in the discretion of said Commissioners. Sec. 8. This ordinance shall be in force from and af- ter its written acceptance by the Chicago City Railway Company, and unless such acceptance be filed with the Secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall be null and void. AN ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY THE RIGHT TO CHANGE THE ^lOTIVE POWER OF ITS CARS CROSSING CERTAIN OF THE SOUTH PARK BOULEVARDS FROM CABLE TO ELECTRIC POWER. [PASSED OCTOBER 4, 1906.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority are here- by given the Chicago City Railway Company to oper- ate its street railways by electricity at the following places and in the following manner: Jackson Street boulevard at State and at Wabash avenue ; Michigan avenue at Twenty-second street; Oakwood boulevard at Cottage Grove avenue; Fifty-first Street boulevard and Drexel Square at Cottage Grove avenue ; Midway Plaisance at Cottage Grove avenue. Said company may string a trolley wire over each of its tracks at each of the crossings above named and at Jackson boulevard and Wabash avenue may sus- pend four (4) feeder wires attached to the elevated 224 STREET RAILROADS. structure. None of said trolley wires shall be less than eighteen and one-half (18i) feet above the grade of the boulevard at the respective crossings thereof above named, except at Jackson boulevard and Wabash avenue, at which last named crossing the trol- ley wires shall be suspended from the underside of the elevated structure crossing said Jackson boulevard and as close thereto as is possible. No poles or other supports shall be j^laced within the limits of the boule- vard at Jackson boulevard and State street or at Michigan avenue and Twenty-second street. At Oakwood boulevard and Cottage Grove avenue, at Fifty-first Street boulevard, including the por- tion thereof known as Drexel Square, and Cot- tage Grove avenue, and at Midway Plaisance and Cottage Grove avenue, said trolley wires shall be suspended by means of span wires attached to poles placed in said respective boulevards at such points as may be approved by the South Park Com- missioners, it being understood that no more poles shall be placed within the limits of the boulevards last above described than shall be absolutely necessary to suspend the above described trolley wires. There shall be at least two insulations between all trolley wires and each supporting pole. Said trolley poles shall be the usual standard steel tubular poles set in such manner as said South Park Commissioners shall approve and shall be maintained in perfect order and repair and to the entire satisfaction of said Commis- sioners and said poles shall be painted by said com- pany such color and as often as said Commissioners shall direct. Should said Commissioners at any time in the future desire any other character of pole to be STREET RAILROADS. 225 substituted for said i)oles or any or either of them, said company shall make such changes as said Com- missioners may direct and thereafter maintain said poles in the manner above provided. The jDermission and authority hei'eby granted are to be subject to such further and other restrictions as the South Park Commissioners may from time to time deem advisable, and should said Chicago City Railway Company fail, refuse or neglect to keep and perform each and every obligation in this ordinance imposed on said company or should said company fail, refuse or neglect to operate cars on each and every of the tracks hereinbefore described so as to provide a regu- lar and continuous transportation service to the trav- eling x)ublic over said tracks and the tracks now join- ing the same both to the North and to the South, the permission and authority herein granted may be re- voked at any time in the discretion of the South Park Commissioners, and in case of such revocation, said railway company shall remove each and every of the poles and wires hereinbefore authorized within sixty (60) days after such revocation; and in case said com- pany shall fail to remove said poles and wires within said sixty (60) days said poles and wires may be re- moved by said South Park Commissioners without notice to said company, and said railway shall repay to said Commissioners on demand all costs and ex- penses incurred by said Commissioners in removing said poles, wires and equipment from said boulevards. In the exercise of the privileges hereby granted, the said Chicago City Railway Company shall not make use of any power in propelling or operating cars across said boulevard other than the power for which -_() STREET RAILKOAUS. permission is hereby granted; nor shall the power be other than by means of motors placed on said cars and operated by electrical current generated in sta- tionary machinery placed at a distance and conveyed to said cars through the agency of said overhead trol- ley wires. Sec. 2. In consideration of the privileges herein granted, the Chicago City Railway Company further agrees that within eighteen (18) months from the pas- sage of this ordinance, it will remove all cable slots at the crossing of each and every boulevard under the control of the South Park Commissioners, and when directed so to do it will pave the surface of the drive- way between the rails of its tracks and between its tracks and on both sides of its tracks to the driveway curb line as located by the South Park Commissioners at each and every boulevard intersection under the control of said Commissioners where the same is crossed by any track or tracks owned or operated by said Chicago City Eailway Company, with such ma- terial and in the manner indicated by the South Park Commissioners, and said company further agrees to maintain same in good condition and repair and to the satisfaction of said South Park Commissioners, and said company further agrees that at any time when said Commissioners may direct it will remove said pavement and replace it with such other pave- ment as the South Park Commissioners may direct and thereafter maintain such pavement in good con- dition and repair and to the satisfaction of said Com- missioners. Said Chicago City Railway Company further agrees STREET RAILROADS. 227 to remove all flange rails now laid on or across any boulevard under the control of the South Park Com- missioners and substitute groove rails therefor of a section to be approved by the Commissioners within nine (9) months from the passage of this ordinance. Said company further agrees to maintain its rails at each of the crossings hereinbefore described at a grade indicated by the South Park Commissioners. Whenever said company is ordered by said Commis- sioners to make any repairs to boulevard crossings, it shall make such repairs, whenever practicable, be- tween the hours of 7 p. m. and 7 a. m., and in case said company should at any time fail or neglect to make the repairs ordered by said Commissioners with- in the time and in the manner named by said Commis- sioners, said Commissioners may immediately and without notice proceed to make such repairs and said company shall pa}^ said Commissioners the cost there- of on demand. No feed wire (except the four at Wabash avenue and Jackson boulevard described in Section 1) shall be laid across any l)oulevard under the control of the South Park Commissioners unless a special permit therefor be first obtained from said Commissioners, and such permission, if granted, shall provide that such feed wires shall be carried across said boulevard under ground. All cars owned or operated by said Chicago City Railway Company approaching any boulevard under the control of said Commissioners shall come to a full stop before entering on said boulevard or any drive- way thereof and said company shall not at any time operate or propel its cars across said respective boule- 228 STUEKT IIAILRUADS. vards at a rate of speed exceeding four miles an hour. Said company shall when ordered by the South Park Commissioners so to do, maintain a flagman at the intersection of Oakwood boulevard and Cottage Grove avenue. Said company further agrees that it will at its own expense place, maintain and operate three (3) two thousand (2000) candle power are lamps at the inter- section of Oakwood boulevard and Cottage Grove avenue, said lamps to be lighted from dusk to day- light every night, the height and manner of placing said lamps to be determined by the South Park Com- missioners. Said company further agrees that should the South Park Commissioners at any time hereafter modify its plan of improvement of the Midway Plaisance at Cottage Grove avenue, it will when so directed and at its own expense make any changes in the location and grade of its tracks which nuiy be directed by said Commissioners, and should said C^ommissioners decide that it is necessary to construct a bridge or bridges across said Plaisance at Cottage Grove avenue, said Chicago City Railway Company hereby agrees to con- tribute such proportion of the cost of said bridge or bridges as sixteen (16) feet bears to the entire width of such bridge or bridges. Said Chicago City Railway Company shall carry free of charge on any and all cars owned or operated by said company the police officers in the employ of said South Park Commissioners when such officers are in uniform. Sec. 3. All of the work provided for in this ordi- STRKirr RAILROADS. 229 nance sliall be done hy said ('liicago (Jity Kailway (\)ni])aiiy at its own ex])ens(' niidci- the supervision of said Sontli Pai-k ( 'oiiiniissioners and to the entire sat- isfaction of said Coiuniissioners. Sec. 4. The consent, permission and antliority here- by <>iven are upon the condition that the said com- pa.-iy, its successors and assigns, shall and will for- ever indemnif_\' and save hai'mless tlie South Park Commissioners from and against any and all losses, damages, judgments, decrees and costs, attorneys' fees and ex])enses for which the South Park Commission- ers may be liable or which may be recovered against said Commissioners by reason of oi- growing out of or resulting from the passage of this ordinance, or the construction, maintenance and use of said poles and wnres and the equipment thereof, or from the exercise by said company of any of the powers or privileges in this ordinance granted, or acts required to be per- formed; and if the South Park Commissioners shall be re(jnired to defend any suit brought in any court on account of the passage of this ordinance or any of the acts done by said company, or if the said Com- missioners shall be obliged to incur any costs or ex- penses in enforcing any of the provisions of this ordi- nance or in suing for or collecting any sum or sums exi)ended hereunder, then said company, its successor and assigns, shall pay said costs and expenses and in addition thereto a reasonable amount for attorneys' fees incurred by said South Park Commissioners in defending or prosecuting said suit or suits. Sec. 5. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- 21)0 STREET RAILROADS. way Company, and unless such acceptance, together with a properly certified copy of the resohition of the Board of Directors of said company accepting this ordinance and the provisions hereof, shall be filed with the Secretary of the South Park Commissioners within thirty (30) days from tlie passage hereof, this ordinance shall l)e null and void. AN ORDINANCE GRANTING PERMISSION TO THE CHICAGO CITY RAILWAY COAIPANY TO CHANGE THE LOCATION OF ITS TRACKS ACROSS OAKWOOD BOULEVARD. [PASSED JULY 2, 1907.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority are here- by granted to the Chicago City Railway Company to change the location of its tracks across Oakwood boulevard at the intersection of said Oakwood boule- vard and Cottage Grove avenue and Drexel boule- vard, as shown on the plat hereto attached and made a part of this ordinance. Sec. 2. The permission and authority hereby granted are conditional upon tlie performance by said Chicago City Railway Company, its successors and assigns, of each and every agreement, obligation and condition contained in the permission to lay, maintain and op- erate its tracks across Oakwood boulevard granted by said Commissioners on the lltli day of May, 1887, and on the 4th day of October, 1906, and also upon these further conditions : (1) The tracks of said company now laid across said Oakwood boulevard shall be removed and the sur- face of the boulevard now occupied by said tracks STREET RAILROADS. 231 shall be paved by said company with such material, in such manner and to such grade as the Commissioners may indicate. (2) The rails of the new tracks shall be grooved rails of a section approved by said Commissioners and shall be laid at the grade and in the manner indi- cated by said Commissioners. (3) The spaces between the rails of the new tracks and between the tracks themselves and also so much of the adjoining surface of said boulevard on each side of the tracks as said Commissioners may con- sider necessary or proper shall be paved with such material and in such manner and to such grade as the Commissioners may direct, and the portion of said boulevard so paved shall thereafter be maintained by said company in good condition and repair and to the satisfaction of said Commissioners so long as said tracks shall be permitted to remain across said boule- vard. (4) Said railway company, its successors and as- signs, shall change the location of said tracks when- ever said Commissioners may consider such change necessary for the convenience of the public or for the purpose of re-arranging said boulevard. (5) The changing of the tracks, as shown on the plat hereto attached and made a part of this ordi- nance, and also all work described in items 1 and 3 of this section, except that of maintenance, shall be completed on or before February first, 1908, and all of said work shall be finished within thirty days after the commencement of any part thereof. (6) All of the work hereinbefore described shall be done by said company at its own expense under 232 STREET EAILEOADS. the direction of said Commissioners and to their sat- isfaction, (7) No work shall be done or change made under or by virtue of this ordinance until detailed plans and specifications therefor have been presented to said South Park Commissioners and approved by them. Sec. 3. This ordinance shall take effect and be in force as soon as said company shall file its formal acceptance with the secretary of the South Park Com- missioners, provided, however, if said acceptance shall not be filed by said company with the secretary of said Commissioners within thirty (30) days from the pas- sage of this ordinance, this ordinance shall be void and of no effect. AGREEMENT BETWEEN THE CHICAGO & CALUMET HORSE AND DUMMY RAILWAY COMPANY AND THE SOUTH PARK COMMISSIONERS TO CROSS OAKWOOD BOULEVARD. [PASSED JULY 8, 1885.] At a regular meeting of the Board of South Park Commissioners, held at its office in the City of Chi- cago, on the eighth day of July, 1885, a quorum being present, an aT)i3lication being made to the Board of South Park Commissioners, by the Chicago & Calumet Horse and Dummy Railway Company, for permission to cross Oakwood boulevard at its intersection with Cottage Grove avenue. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago and Calumet Horse and Dummy Railway Company, to lay down and o])- STREET EAILEOADS. 233 erate its said track upon these conditions, that is to say: First. After putting the track down, the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. Second. No cars, horses or other obstructions are ever to stop or stand upon the boulevard. All stop- pages, to take on or let off passengers or for other pur- poses, are to be before reaching or after crossing the boulevard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to com- ply with all the conditions hereinbefore and herein- after contained, and also that if at any time the said conditions and restrictions are not complied with or the track and the cars thereon become in the opinion of the Commissioners, too great an obstruction to driv- ing upon the boulevard, or if the Commissioners for any other reason desire the track to be removed, then the said railway company is to remove the said track, and replace the road and boulevard in perfect order and condition, as it now is, all at the expense of the said railway company. Fourth. That in the exercise of the permission here- in granted, said company shall not make use of steam power, nor anything but horse power, in propelling, conducting or operating its cars across said boulevard, nor permit any dummy or other engine to cross, or re- cross, the same at any time. Fifth. The permission hereby granted is to be tem- porary and subject to such further or other restrictions 234 STREET RAILROADS. as said Commissioners, or tlieir successors, may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said Commis- sioners. AN ORDINANCE GRANTING THE NORTH CHICAGO STREET RAILROAD COMPANY AND THE WEST CHICAGO STREET RAILROAD COMPANY THE RIGHT TO CHANGE THEIR MOTIVE POWER ACROSS JACKSON STREET BOULEVARD AT DEARBORN AND FRANKLIN STREETS. [PASSED OCTOBER 4, 1906.] BE IT ORDAINED BY THE SOUTH PARK COM^IISSIONERS : Section 1. Permission and authority are hereby given the North Chicago Street Railroad Company and the West Chicago Street Railroad Company, their successors, lessees and assigns respectively upon the acceptance of this ordinance as hereinafter provided, to install and equip their double track street railway, now being operated by the receivers of their lessee, the Chicago Union Traction Company, upon Dear- born street and upon Franklin street, in the City of Chicago, with the necessary electric equipment for the operation of an overhead contact electric trolley sys- tem in manner following: Said companies ma}^ string a trolley wire over each of their tracks on Dearborn street and on Franklin street across Jackson Street boulevard ; neither of said wires shall be less than eighteen and a half (184) feet above the grade of the boulevard and no pole or other support shall be placed within the limits of said Jack- son street boulevard. Said wires shall be maintained in perfect order and STREET RATLROADS. 235 repair and to the entire satisfaction of said South Park Commissioners. The permission and authority herehy granted shall be subject to such further and other restrictions as the South Park Commissioners may from time to time deem advisable and should said companies, or either of them, fail, refuse or neglect to keep and perform each and every obligation in this ordinance imposed, or should said companies, or either of them, fail, re- fuse or neglect to provide a regular and continuous transportation service to the traveling public over said tracks and the tracks now joining the same both to the north and to the south, the permission and au- thority herein granted may be revoked at any time in the discretion of the South Park Commissioners, and in cases of such revocation said railroad companies shall remove said wires within sixty days after such revocation. In case said companies should fail to remove said wires within said sixty days, said wires may be removed by said South Park Commissioners and become the absolute property of said Commis- sioners, and said railroad companies shall pay to said Commissioners, on demand, all costs and expenses in- curred in such removal. In the exercise of the privileges hereby granted no power shall be used in propelling cars across said boulevard other than the power for which permission is hereby granted; nor shall the power be other than by means of motors placed on said cars and ojierated by electric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of said overhead trolley wires. Sec. 2. In consideration of the privileges herein- 236 STREET EAILROADS. above granted, said North Chicago Street Railroad Company, said West Chicago Street Railroad Com- pany, the Chicago Union Traction Company and the receivers of said companies respectively, and each of them, hereby agree that within eighteen (18) months from the passage of this ordinance they will remove or close all cable slots at said crossings, and further agree whenever directed so to do by said Commis- sioners to pave the surface of the driveway between the rails of the tracks and between the tracks and on both sides of the tracks to the driveway curb line as located by the South Park Commissioners at each and every crossing of said boulevard by any street car track owned, operated or controlled by said com- panies or said receivers or any or either of them with such material and in the manner indicated by the South Park Commissioners, and to maintain such pavement in good condition and repair and to the satisfaction of said Commissioners and to remove said pavement and replace the same with such other pavement as said Commissioners may direct, and thereafter main- tain such pavement in good order and repair and to the satisfaction of said Commissioners ; and also to remove all flange rails now laid on or across said boule- vard and to substitute groove rails therefor, of a section to be approved by said Commissioners, within ninety (90) days from the passage of this ordinance and to maintain the rails of said tracks across said boulevard at a grade indicated by the South Park Com- missioners. All ears owned or operated by either of said com- panies or the respective receivers thereof shall come to a full stop before entering on said boulevard and STREET RAILROADS. 237 no car shall be operated or propelled across said boule- vard at a rate of speed exceeding four miles an hour. Said companies and said respective receivers fur- ther agree by the acceptance of this ordinance that upon notice from the South Park Commissioners they will place and maintain flagmen at such points on said Jackson street boulevard crossed by any tracks owned or operated by them or either of them as may be di- rected by the South Park Commissioners. Said companies and said receivers further agree to carry free of charge on any and all cars owned or operated by said companies or said receivers or any or either of them police officers in the employ of the South Park Commissioners when such officers are in uniform. Whenever any repairs to said boulevard are to be made, such repairs shall be made, whenever prac- ticable, between the hours of 7 p. m. and 7 a. m., and in case such repairs should not be made within the time named by said Commissioners, said Commission- ers may immediately and without notice proceed to make such repairs and said companies and said re- ceivers and each of them hereby agree to pay the costs thereof on demand. No feed wires shall be laid across said boulevard by said companies or either of them, unless a special permit therefor be first obtained from said Commis- sioners and such permit, if granted, shall provide that such feed wires shall be carried across said boulevard under ground. Sec. 3. All of the work provided for in this ordi- nance shall l)e done under the supervision of said South Park Commissioners, to the entire satisfaction 238 STREET RAILROADS. of said Commissioners and at the expense of said companies and the receivers thereof respectively. Sec. 4. The consent, permission and authority hereby given are upon the condition that said North Chicago Street Railroad Company, said West Chicago Street Eailroad Company, and the Chicago Union Traction Company and the receivers of said respective companies, their successors and assigns shall and will forever indemnify and save harmless the South Park Commissioners from and against all losses, damages, judgments, decrees and costs, attorneys' fees and ex- penses for which the South Park Commissioners may be liable or which may be recovered against the said Commissioners by reason of or growing out of or re- sulting from the passage of this ordinance or the con- struction, maintenance and use of said wires or from the exercise by said companies or said receivers or any or either of them of any of the powers or privi- leges in this ordinance granted or acts required to be performed; and if the South Park Commissioners shall be required to defend any suit brought in any court on account of the passage of this ordinance or on account of any of the acts done by said comj^anies or said receivers or any or either of them or if the said Commissioners shall be obliged to incur any costs or expenses in enforcing any of the provisions of this ordinance, or in suing for or collecting any sum or sums expended hereunder, then said companies and said receivers, their successors and assigns, shall pay such costs and expenses and in addition thereto a rea- sonable amount for attovnevs' fees incurred bv said STKEET RAILROADS. 239 South Park Commissioners in defending or prose- cuting such suit or suits. Sec. 5. This ordinance shall take effect and be in force from and after its acceptance liy the North Chi- cago Street Kailroad Company, the West Chicago Street Eailroad Company and the Chicago Union Traction Company and the receivers of said respect- ive companies, and unless such acceptance, together with properly certified copies of resolutions of the re- spective Boards of Directors of said companies to ac- cept this ordinance and the provisions hereof and properly certified copies of orders of the Circuit Court of the United States for the Northern District of Illi- nois, empowering and directing said receivers to ac- cept this ordinance and the provisions hereof, shall be filed with the Secretary of the South Park Commis- sioners within thirty days from the passage hereof, this ordinance shall be null and void. AN ORDINANCE GRANTING THE NORTH CHICAGO STREET RAILROAD COMPANY AND THE WEST CHICAGO STREET RAILROAD COMPANY THE RIGHT TO CHANGE THEIR MOTOR POWER ACROSS JACKSON STREET BOULEVARD AT FIFTH AVENUE. [PASSED NOVEMBER 20, 1907.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Sec. 1. Permission and authority are hereby given the North Chicago Street Eailroad Company and the West Chicago Street Eailroad Company, their succes- sors, lessees and assigns, respectively, upon the ac- ceptance of this ordinance, as hereinafter provided, to install and equip their double track street railway now being operated by the receivers of their lessee, the 240 STREET RAILROADS. riiicago Union Traction Company, upon Fifth avenue in the City of Chicago, with the necessary electric equipment for the operation of an overhead contact electric trolley system in the manner following: Said companies may string a trolley wire over each of their tracks on Fifth avenue across Jackson boule- vard and attach the same either to poles or to the ele- vated structure in said Fifth avenue. The said wires shall be not less than eighteen and one-half (18^) feet above the grade of the boulevard, and no ]3ole or other support, unless such support be attached to said elevated structure, shall be placed within the lim- its of said Jackson street boulevard. Said wires shall be maintained in perfect order and repair and to the entire satisfaction of said South Park Commissioners. The permission and authority hereby granted shall be subject to such further and other restrictions as the South Park Commissioners may from time to time deem advisable; and should said companies, or either of them, fail, refuse or neglect to keep and perform each and every obligation in this ordinance imposed, or should said companies, or either of them fail, refuse or neglect to provide a regular and continuous trans- portation service to the traveling public over said tracks and the tracks now joining the same both to the north and to the south, the permission and authority herein granted may be revoked at any time in the dis- cretion of the South Park Commissioners ; and in case of such revocation, said railroad companies shall re- move said wires within sixty days after such revoca- tion. In case said companies should fail to remove said wires within sixty days, said wires may be removed STREET RAILED ADS, 241 by said South Park Commissioners and become the absolute property of said Commissioners, and said railroad companies sliall pay to said Commissioners, on demand, all costs and expenses incurred in such re- moval. In the exercise of the privileges hereby granted, no power shall be used in propelling cars across said boulevard other than the power for which permission is hereby granted; nor shall the power be other than by means of motors placed on said cars and operated by electric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of said overhead trolley wires. Sec. 2. In consideration of the privileges herein- above granted, said North Chicago Street Railroad Company, said West Chicago Street Railroad Com- pany, the Chicago Union Traction Company and the receivers of said companies, respectively, and each of (.hem, hereby agree that, whenever directed so to do by said Commissioners, they will pave the surface of the driveway between the rails of said tracks and be- tween said tracks and on both sides of said tracks to the driveway curb line as located by the South Park Commissioners at each and every crossing of said boulevard by any street car track owned, operated or controlled by said companies or said receivers, or any or either of them, with such material, and in the man- ner indicated by the South Park Commissioners, and to maintain such pavement in good condition and re- pair and to the satisfaction of said Commissioners; and to remove said pavement and replace the same with such other pavement as said Commissioners may di- rect and thereafter maintain such pavement in good 242 STREET RAILROADS. order and repair and to the satisfaction of said Com- missioners; and also to remove all flange rails now laid on or across said boulevard and to substitute groove rails therefor of a section to be approved by said Com- missioners within ninety (90) days from the passage of this ordinance, and to maintain the rails of said tracks across said boulevard at a grade indicated by the South Park Commissioners. All cars owned or operated by either of said com- panies or the respective receivers thereof, shall come to a full stop before entering on said boulevard, and no car shall be operated or propelled across said boulevard at a rate of speed exceeding four miles an hour. Said companies and said respective receivers further agree by the acceptance of this ordinance that upon no- tice from the South Park Commissioners they will place and maintain flagmen at such points in said Jackson street boulevard crossed by any tracks owned or operated by them as may be directed by the South J*ark Commissioners. Said companies and said receivers further agree to carry, free of charge, on any and all cars owned or operated by said companies or said receivers, or any or either of them, police officers in the employ of the South Park Commissioners, when such officers are in uniform. Whenever any repaving or repairs to said boulevard are to be made, such repaving and repairs shall be made, whenever practicable, between the hours of 7 p. M. and 7 a. m., and m case such repaving and re- pairs should not be made within the time named b}' said Commissioners, said Commissioners may immediately KTKKKT KAII.HOADB. 243 and witliont notice proceed to make sucli repaying and ]-e))aii-s, and said companies and said receivers, and each c f tliein, hereby agree to pay the cost thereof on demand. No feed wires shall he laid across said l)oidevard by said companies, or either of them, unless a special permit therefor be first obtained frorn said Commis- sioners, and such permit, if granted, shall provide that such feed wires shall be carried across said boulevard and under ground. Sec. 3. All of the work provided for in this ordi- nance shall be done under the supervision of said South Park Commissioners, to the entire satisfaction of said Commissioners and at the expense of said com- panies and the receivers thereof, respectively. Sec. 4. The consent, permission and authority here- by given are upon the condition that said North Chi- cago Street Railroad Company, said West Chicago Street Railroad Company and the Chicago Union Trac- tion Company and the receivers of said respective com- panies, their successors and assigns, shall and will for- ever indemnify and save harmless the South Park Com- missioners from and against any and all losses, dam- ages, judgments, decrees and costs, attorneys' fees and expenses for which the South Park Commission- ers may be liable or which may be recovered against the said Commissioners by reason of, or growing out of or resulting from the passage of this ordinance or the construction, maintenance and use of said wires, or from the exercise ])y said companies or said receiv- ers, or any or either of them of any of the powers or privileges in this ordinance granted or acts required to be performed ; and if the South Park Commission- 244 STREET RAILROADS. ers shall be required to defend any suit brought in any court on account of the passage of this ordinance, or on account of any of the acts done by said compan- ies or said receivers, or any or either of them, or if the said Commissioners shall be obliged to incur any costs or expenses in enforcing any of the provisions of this ordinance, or in suing for or collecting any sum or sums expended hereunder, then said companies and said receivers, their successors and assigns, shall pay such costs and expenses and in addition thereto, a rea- sonable amount for attorneys' fees incurred by said South Park Commissioners in defending or prosecut- ing such suit or suits. Sec. 5. This ordinance shall take effect and be in force from and after its acceptance by the North Chi- cago Street Eailroad Company, the West Chicago Street Railroad Company and the Chicago Union Trac- tion Company and the receivers of said respective com- panies ; and unless such acceptance, together with prop- erly certified copies of resolutions of the respective Boards of Directors of said companies to accept this ordinance and the provisions hereof and properly cer- tified copies of orders of the Circuit Court of the United States for the Northern District of Illinois, em- powering and directing said receivers to accept this ordinance and the provisions hereof, shall be filed with the Secretary of the South Park Commissioners with- in thirty (30) days from the passage hereof, this ordi- nance shall be null and void. ELEVATED RAILROADS. AN ORDINANCE GRANTING PERMISSION TO THE CHICAGO AND SOUTH SIDE RAPID TRANSIT RAILROAD COMPANY TO CONSTRUCT, ERECT, MAINTAIN AND OPERATE AN ELEVATED RAILROAD OVER AND ACROSS MICHIGAN AVENUE BOULEVARD, IMMEDIATELY SOUTH OF AND ADJOINING FORTIETH STREET, AND OVER AND ACROSS GARFIELD BOULEVARD, BETWEEN CALUMET AND PRAIRIE AVENUES. [PASSED SEPTEMBER 9, 1891.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority he and the same is hereby granted to the Chicago and South Side Rapid Transit Railroad Company to construct, erect, maintain and operate an elevated railroad over and across Michigan avenue boulevard, immediately south of and adjoining Fortieth street, and also over and across Garfield boulevard, between Calumet and Prairie avenues, the center line of the structure of said elevated railroad to be about 212 feet east of Prairie avenue and about 165 feet west of Calumet avenue, both said boulevards being in the City of Chicago, County of Cook, State of Illinois, in the manner and subject to the restrictions hereinafter contained. Sec. 2. The structure to be erected over and across Michigan avenue boulevard shall span the driveway of said boulevard from curb to curb, and shall be sup- ported by iron columns set in the line of the trees not to exceed four feet from the curb lines, said columns to be supported upon cast-iron bases firmly bolted to proper foundations of concrete and masonry constructed be- neath the surface. The structure crossing Garfield boulevard shall be in all respects similar to that cross- (245) 246 ELEVATED RAILROADS. ing Michigan avenue boulevard, except that it sliall consist of four spans, the northerly one of which shall at its northerly end be supported upon iron columns set without the northerly line of said boulevard, and at its southern end upon columns located within and im- mediately adjoining the northern side of the planting space in the center of said boulevard; the two center spans shall, as to the northerly one thereof, be sup- ported at its northern end upon the columns carrying the southern end of the span crossing the northern driveway of said boulevard, and at its southern end upon columns located in the center of said planting space, which said last named columns sliall also sup- port the northern end of the southerly of the two cen- tral spans, the southern end of which shall be supported upon columns located at the southerly edge of the l^lanting space aforesaid, which said last named col- umns shall also support the northern end of the south- ern span which shall span the southerly driveway of said boulevard, and be supported at its southern end by columns located without the southerly side of said boulevard, all of said columns to be supported upon cast-iron bases firmly bolted to proper foundations 1 ucted of concrete and masonry beneath the sur- face. Sec. 3. The said railroad company shall be per- mitted to make all necessary excavations for the con- venient construction of the foundations aforesaid, but shall restore the surfaces of all driveways and plant- ing places so disturbed to the satisfaction of the South Park Commissioners; or said South Park Commission- ers may, at their option, require the said railroad com- pany, before any such excavations are made, to deposit ELEVATED RAILROADS. 247 with (lie secretary of said Commissioners a smn in casli to cover the estimated cost of making such excavations and restorations, and make such excavations and res- torations by their own agents and servants, and after paying the costs thereof out of the cash so deposited, account for and pay over to said railroad company any balance remaining from said deposit, and if said cost shall exceed said deposit said railroad company shall at once reimburse said Commissioners for such excess. Sec. 4. The permission and authority hereby granted are upon the express condition that the said railroad company shall promptly pay for any and all damage done by it to property in the custody of said South Park Commissioners, and for the cost of re- moving any trees which it may be necessary to dis- turb, and shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees, and the costs and ex- jienses of the same which may be recovered or obtaine*! against the South Park Commissioners for or by rea- son of, or growing out of or resulting from the passage of this ordinance, or any matter or thing connected therewith, or by the exercise by the railroad company of the privileges hereby granted, or from any act or acts of said company under or by virtue of this ordi- nance. Sec. 5. All structures spanning the driveways of the boulevards aforesaid, shall leave a clear headroom be- tween said structures and the grade of such driveways at the center line of such driveways of sixteen feet, and at the curb lines such headroom shall not be less than fourteen feet above such driveways, and the entire 248 ELEVATED EAILROADS. structures shall be so designed as to present as liglit and ornamental an appearnce as is consistent with strength and durability for the service for which the}^ are intended, and shall be so constructed as to effec- tually prevent drippings of any kind from such struc- tures upon any part of said boulevards. All plans and details thereof shall be submitted to and approved by the South Park Commissioners before erection. Sec. 6. This ordinance shall be in force only from and after the written acceptance of the same, and its provisions, by the said The Chicago & South Side Rapid Transit Railroad Company, duly signed under its corporate seal, shall be filed with the secretary of the South Park Commissioners. Unless such accept- ance be so filed within 30 days from the date of the passage hereof, this ordinance shall be null and void. Sec. 7. The said company shall station a flagman at the crossings of said driveways or put in some suitable device to announce the approach of trains, if requested bv the South Park Commissioners. AN ORDINANCE PERMITTING THE SOUTH SIDE ELEVATED RAILROAD COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE AN ADDITIONAL ELEVATED RAILROAD TRACK ACROSS MICHIGAN AVENUE, AND TO MAKE CERTAIN CHANGES IN ITS PRESENT STRUCTURE ACROSS SAID AVENUE. [PASSED MAY 10, 1905.] Whereas, Permission and authority were, by ordi- nance adopted on the ninth day of September, A. D. 1891, heretofore granted by the South Park Commis- sioners to the Chicago and South SidcRajDid Transit Railroad Company to construct, maintain and operate an elevated railroad over and across Michigan ave- ELEVATED RAILROADS, 249 nue immediately south of and adjoining Fortieth street, and the grantee in said ordinance did in fact, under said ordinance, construct a double track ele- vated railroad crossing over said avenue at said point, and the same is now in the possession of and under operation by said South Side Elevated Railroad Com- pany, as successor to the grantee in said ordinance, and Whereas, Said South Side Elevated Railroad Com- pany has obtained from the City of Chicago an ordi- nance authorizing it to construct and operate a thirol, in ilic (*iiy of (Miicaiio : NOW. ■iii1':r1':1'"c)r1':, wi: vv anh ri" is lll•:Rl•:l'.^■ oRDAiNi':!) I'.N rill'". SOU'lll I'ARK (.OMMISSIONKRS AS I'Ol.l.OWS : Seclioii 1. 'I'linl, subjccl to llic condilions lierciii- al'tcr imposed, pennissioii :nid authority be and tliey ai'e hereby i>i-aiite(l to said Soulli Side Klevated Ivail- rond (^ompany to const ruet, maintain and operate two elevated raili-oad ti;u'l-six (2()) leet in width and shall cross said boulevard at ri^ht ani>ies thereto. Said structuri' sliall S])aii the dri\-eway of said boulevard from cui'b to curb and shall \)v supported l)y steel columns set in plantiii'^" spaces between the walk and curbiui»' and more than four feet from the curbini>\ The columns and girders for said new stnietTiro shall ho of tlie same material and design as the ones now in the crossin**- structure of said South Side MIevated K'ailroad (\)mpauy at said point. Said colunms shall be uniform in location, foundations and otlier res))ects witli tlie colunms of the said structure of said Soutli Side Elevated l\ail- road (\)m]»auy: and said i^'irders shall l)e j)lac(>d at the same lieii>:ht as tbe girders of the existing* struc- ture; all of said columns shall be ])laced u]K^n and ELEVATED ){A|[JU>AI)S. 25.') boltod to proper foundations of concrete and masonry constructed ?K;neatli the surface. All work done under authority of this ordinance shall be in accordance with the plans and details therefor approved by the South I 'ark (commissioners before any portion thereof shall be erected. Sec. 3. Said railroad company shall be at liberty to make all necessary excavations for the convenient con- struction of the foundations aforesaid, and said com- pany shall restore the walks and surface of all drive- ways, walks and planting spaces which may be dis- turbed in doing the work, to the satisfaction of said South Park Commissioners. Said railroad company shall, however, before entering upon any of the work hereinbefore authorized, obtain from said South Park Connnissioners a permit therefor, depositing with said Commissioners a sum in cash sufficient to cover the estimated cost of reconstructing the surfaces, includ- ing cost of removing any trees which it may be neces- sary to disturb in doing said work. No fare shall be charged by said South Side Elevated Kailroad Company to policemen in the service of said Commissioners when in uniform. Sec. 4. The structure hereby authorized and the supports thereof shall be painted by said railroad company; in such a manner and of such a color as in- dicated by said South Park Commissioners, and it shall be repainted by said railroad company, its suc- cessors or assigns, when necessary, at least once in three years. No j^ortion of the structure hereby au- tliorized shall be used for storing or switching of cars, and said railroad company shall conform to any and all general ordinances of said South Park Conjmissicm- 256 ELEVATED RAILROADS. ers now in force or hereafter adopted, and it shall b3 subject at all times to all police powers vested in said South Park Commissioners. The floors of the ele- vated structure to be placed across said boulevard hereunder shall be fabricated of iron or steel and such other material as may be satisfactory to said Com- missioners and shall be of a character technically known and designated as "solid construction" so as to be tightly floored over the entire length and width thereof, and shall be so coated with asphaltum as to be water tight. The said floors shall be constructed so as to render the same as noiseless as possible, and the said ele- vated structure and floors thereof, constructed and coated as aforesaid, shall at all times be maintained by said railroad company, its successors or assigns, in good condition and repair and to the satisfaction of said Commissioners. Sec. 5. All of the construction work hereby author- ized shall be completed on or before the first day of January, A. D. 1908, and shall be completed within ninety (90) days after the commencement of the erec- tion of the steel, and the structure hereby authorized shall be used exclusively for passenger traffic and shall be operated by electricity only. It is expressly agreed and made a condition hereof that said railroad company, its successors or assigns, shall forever adequately light the portion of said bou- levard underneath the superstructure liereb}^ author- ized by placing as directed by said Commissioners, at least two (2) two thousand candle power arc lights and operating the same between dusk and daylight of each dav. ELEVATED RAILROADS. 257 Sec. 6. The consent, permission and authority here- l)y given are upon the condition that said railroad company will, on or before the 1st day of January, A. 1). 1908, reconstruct the floors of its superstructures now crossing Michigan avenue, and Garfield boule- vard in such a manner and with such material as may be satisfactory to said Commissioners and so as to make said floors water-tight over the entire length and width of said crossings and so as to render said floors as noiseless as possible, and said railroad com- pany, its successor and assign, shall at all times there- after maintain said crossings in good condition and repair and to the satisfaction of said Commissioners. Sec. 7. The consent, permission and authority here- by given are upon the condition that said railroad com- pany, its successors or assigns, shall and will forever indemnify and save harmless the said South Park Commissioners from and against any and all losses, damages, decrees and costs, attorneys' fees and ex- penses for which said South Park Commissioners may be liable, or which may be recovered against said Com- missioners by reason of or growing out of or result- ing from the passage of this ordinance or the construc- tion, maintenance and use of the elevated structure hereby authorized, or by reason of the construction, maintenance and operation of said elevated railroad, or in any way resulting from the passage of this ordi- nance or from the exercise by said grantee herein, its successors or assigns, of any of the powers or privi- leges in this ordinance granted, or acts required to be performed ; and if the said South Park Commissioners shall be required to defend any suits brought in any court on account of the passage of this ordinance, or any of the acts done by said grantee herein under this 258 ELEVATED EAII^OADS. ordinance, or if the said Commissioners shall be obliged to incur any costs or expenses in enforcing any of the provisions of this ordinance, or in sning for or collect- ing any sum or sums expended hereunder, then said railroad company agrees that it, its successors or as- signs, will pay said costs and expenses and in addition thereto a reasonable amount for attorneys' fees in- curred by said South Park Commissioners in defend- ing or prosecuting said suit. Sec. 8. The consent, permission and authority here- in granted to said South Side Elevated Railroad Com- pany is also made conditional upon the performance by it, and its successors and assigns, of each and every agreement, obligation and condition of this ordi- nance imposed upon said company; and it is expressly agreed by said Eailroad Company that the deposit in the Chicago Post Office of a notice signed by the Secre- tary or Superintendent of said South Park Commis- sioners addressed to the President of said Railroad Company, or its successors or assigns, at its principal office in Chicago, Illinois, shall be sufficient notice in all cases in which notice to said Railroad Company is hereinbefore provided or required to be given by said South Park Commissioners, or any officer or employee thereof. Sec. 9. This ordinance shall take effect and be in force as soon as said South Elevated Railroad Com- pany shall have filed its formal acceptance hereof with the Secretary of said South Park Commissioners, pro- vided, however, that if said acceptance shall not be filed by said Railroad Company with said Secretary of said Commissioners within four months from the passage of this ordinance, this ordinance shall be void and of no effect. STEAM RAILROADS. AGREEMENT ALLOWING CHICAGO & WESTERN INDIANA RAILROAD COMPANY TO CROSS GARFIELD BOULE- VARD. [PASSED OCTOBER 27, 1879.] Resolved, That tlie Cliicago & Western Indiana Rail- road Company have authority to cross Fifty-fifth street boulevard, as requested, provided that it shall duly execute the contract without delay, contained in its request this day submitted to the board, which has been approved by the attorney of this board, and has been handed to the agents of said company to procure its execution. The request and conditions are as follows: TO THE BOARD OF SOUTH PARK COMMISSIONERS: The Chicago & Western Indiana Railroad Company, a corporation duly organized under and by virtue of the laws of the State of Illinois, hereby ask permission to lay three railroad tracks across the Fifty-fifth street boulevard, on a width not exceeding for all thirty-four feet, on a line with Wallace street, where the same, if extended, would cross said boulevard; said space not to be used for switching cars or side tracks; and in consideration of the granting of said permission, and as a condition of the said grant and of the exercise there- of, the said Chicago & Western Indiana Railroad Com- pany do hereby agree to so lay and construct said tracks that the top of the rails of said railroad tracks shall not, when so laid, be to exceed eighteen inches above the present grade of the center of said boule- vard, where now improved, and to raise or lower the (259) 2G0 STEAM RAILROADS. same J'roiii time to time, as said Board of Park Com- missioners may direct, and also to grade the driveway of said boulevard from the top of said rails on a straight line to the present or future grade of said driveway, at a point one hundred feet east and west, respectively, on said driveway, and keep the same in repair to the satisfaction of said board; said grading to be the full width of said driveway, as now improved, and to be continued as the said improvement may be widened for the whole width to wliich the said commis- sion shall, from time to time, extend the said improve- ment ; said grading to be made of broken stone and stone screens, or with gravel as said Board of Commis- sioners may direct; and also to plank the space be- tween said raih'oad tracks, for the whole width of said boulevard, and to extend the planking to such distance outside of said rails as shall be directed by said board ; and also to make like crossings on such other drive- ways as shall be hereafter constructed by said commis- sioners on said boulevard, where the same shall or may cross the hue of said railroad tracks, and to maintain the same at the cost and expense of said company and its successors and assigiis, and to do all and every the matters and things aforesaid, under the supervision and to the satisfaction of said Board of Commission- ers, or such person as they may appoint. And further, that said railroad company shall, at its own cost and expense, maintain a flagman at such crossing and crossings, as aforesaid, whenever said Board of South Park Commissioners shall, by resolution, direct the same to be done, and shall also establish, construct and maintain, at its own expense, suitable safety gates at such crossings, whenever directed to do so by reso- STEAM EATI.ROADS. 201 lutioii of said ])oard ; and further, that the said rail- road company shall, and will, comply with any and all g-eneral ordinances that may be adopted by said board, establishing a general system of viaducts for railroads ci'ossing said boulevard between the west line of the Village of lij^de Park and Halsted street, in the Town of Lake; and further, that said railroad company shall lower its tracks, if necessary, to enable said board to construct such suitable and substantial driveways or viaducts as the said l)oard may hereafter order over said railroad crossings, hereby permitted, of which said viaducts said company shall pay the cost, expense, and also all reasonable exjDenses afterwards, keeping such viaducts in repair. And said company shall also confoi-m to any and all general ordinances of said Board of South Park Commissioners, regulating the speed of railroad trains or engines at the crossings of said boulevard, and shall be subject at all times to all of the police powers vested, or which may hereafter be vested, in the said board, and to the proper exercise thereof by or through the agency of said board. And it is hereby further agreed and declared, by the said railroad company, that the due performance on its part of all and singular, the agreements and stipula- tions, aforesaid, shall be, and the same are hereby made conditions of the said grant, and of the exercise of the privileges hereinbefore requested to be granted to said company. And it is hereby further agreed that this instrument shall be spread upon the regular rec- ords of the proceedings of the Board of Directors of said company, and to be approved by said board, and proper evidence of said approval furnished to the said Board of South Park Commissioners. And in case of 262 STEAM RAILROADS. failure, neglect or refusal of said railroad company, so to appro\'e and to record this agreement, the said com- pany agrees to remove said tracks from said boulevard crossing, upon ten days notice, and the continuance during that time of such default as aforesaid. And in case of failure or neglect of said railroad company, after the continuance of such default for the period of ten days after notice as aforesaid, and in case of its breach of any of the conditions or agreements herein- before contained, the said Board of South Park Com- missioners may take up and remove the said tracks from said boulevard at the said crossings, provided said Board of South Park Commissioners shall first give written notice of such breach of condition at least ten days before proceeding to take up said tracks. ORDINANCE CONCERNING THE CROSSING OF WESTERN AVENUE. [PASSED AUGUST 10, ISSI.] BE IT ORDAINED BY THE SOUTH PARK CO.MMISSIONERS : Section 1. That pennission and authority be, and the same is hereby granted, to the Grand Trunk Junc- tion Railway Company to construct and maintain a double track railway on and across the Western Ave- nue boulevard, in the Town of Lake, Cook County, Illi- nois, in the manner and subject to the restrictions fol- lowing, to-wit : The north rail of the said tracks shall be laid par- allel to and not more than one hundred (100) feet south of the south line of Forty-ninth street, as the same crosses said boulevard, and the south rail of said tracks shall be laid parallel to and not more than twenty-two (22) feet south of said north rail. STEAM RAILEOADS. 263 The said tracks shall be laid and constructed under the direction of the South Park Commissioners, and said railway company shall plank and keep in constant repair tlie spaces between said tracks to the full width of said boulevard. Sec. 2. The said railway company and its succes- sors shall, whenever so directed by said South Park Commissioners, keep and maintain a flagman at such crossing of said boulevard, and use and maintain such other means in use by railway companies, as sliall from time to time be directed by said South Park Com- missioners to insure the safety of persons using said boulevard, and at no time and under no circumstances shall said railway company permit any of its cars, locomotives, or any other obstacle, to stand upon said tracks crossing said boulevard, to the obstruction of said boulevard or any part thereof. Sec. 3. Whenever so directed by said South Park Commissioners in compliance with any general order providing for the construction of viaducts over the boulevards, under the control of said South Park Com- missioners, in any particular district, the said railway company and its successors shall construct a viaduct over said boulevard and railway crossing in the man- ner directed by said South Park Commissioners, and any failure to so construct such viaduct shall avoid and render null the permission hereby granted to cross said boulevard. Sec. 4. The said railway company shall at all times hereafter comply with all general or special ordi- nances of said South Park Commissioners, passed, or to be passed, concerning the use and occupancy of 264 STEAM EAILEOADS. streets and boulevards, and the running and operat- ing of cars thereon or across the same by railway companies, so far as the same relate to the privilege hereby granted, and such compliance is made a condi- tion of the granting and continuance of the privilege hereby granted. Sec. 5. The permission and authority hereby granted are upon the further express condition that the said railway company shall, and will forever, in- demnify and save harmless the said South Park Com- missioners against, and from any and all, legal dam- ages, judgments, decrees and costs, and expenses of the same, which may be recovered or obtained against said South Park Commissioners for or hj reason of the granting of such privileges and authority, or for or by reason of or growing out of or resulting from, the passage of this ordinance, or any matter or thing connected therewith or with the exercise by said com- pany of the privileges hereby granted, or from any act or acts of said company under or by virtue of the j)rovisions of this ordinance. Sec. 6. This ordinance shall take effect and be in force from and after its acceptance, in writing, duly signed by the said Grand Trunk Junction Kailway Company. By which said acceptance the said company shall agree to comply with the terms and conditions of said ordinance, and upon a breach of any of the terms and conditions herein named, it shall forfeit all the rights conferred hereby, after reasonable notice in writing by said South Park Commissioners of their election to have said rights forfeited. STEAM RAILKOADS. 265 ORDINANCE GRANTING RIGHT TO ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY IN CHICAGO TO CROSS WESTERN AVENUE BOULEVARD. [PASSED OCTOBER 12, 1SS7.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same is hereby granted to the Atchison, Topeka & Santa Fe Railroad Company in Chicago to lay down, operate and maintain a double-track railway across the Western Avenue boulevard in the Town of Lake, Cook County, Illinois, in the manner and subject to the pro- visions and restrictions hereinafter contained. Sec. 2. The nortii rail of the said tracks shall be laid as nearly as practicable parallel to and not more than twelve feet south of the south line of Forty-ninth street as the same crosses said boulevard; the south rail of said tracks shall be laid parallel to and not more than twenty-two feet south of said north rail; and the said tracks shall be laid under the supervision and direction of the Superintendent of the South Park Commissioners. Sec. 3. The said railroad company shall plank and keep in constant repair the spaces between said tracks to the full width of said boulevard. Sec, 4. The said railroad company shall, whenever so directed by the South Park Commissioners, keep and maintain a flagman at such crossing of said boulevard or shall construct and maintain gates thereat, as shall be required by the South Park Commissioners; and shall also use and maintain such other means in use by railway companies as shall from time to time be 266 . STEAM RAILKOADS, directed by said South Park Commissioners to insure the safety of persons using said boulevard. See. 5. The said railroad company shall at no time and under no circumstances permit any of its cars or locomotives to stand upon said tracks to the obstruc- tion of travel upon said boulevard, or any part thereof. Sec. 6. The permission, authority and privileges hereby granted are upon the further express condition that the said railroad company, whenever so directed by the South Park Commissioners, in compliance with any general order in regard to the construction of via- ducts and the lowering of the tracks crossing the boule- vards under the control of said South Park Commis- sioners in any particular district, shall construct and maintain a viaduct over said boulevard and railway crossing, and shall lower the said tracks in the man- ner required by the said South Park Commissioners. See. 7. The privileges hereby granted are upon the further express condition that said railroad company shall at all times comply with and be subject to all gen- eral and special ordinances of said South Park Com- missioners, now in force or which may hereafter be passed concerning the use and occupation of streets and boulevards and the running and operating of cars thereon or across the same by railway companies, so far as the same apply or relate to the privileges hereby granted. Sec. 8. The permission and authority hereby granted are upon the further express condition that the said railroad company shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees and the costs STEAM RAILROADS. 267 and ex])enses of tlie same whicli may be recovered or obtained agair.st tlie South Park Commissioners for or ])y reason of, or growing out of, or resulting from the l)assage of this ordinance, or any matter or thing con- nected therewith, or by the exercise by the company of the })rivileges Jiereby granted, or from any act or acts of said companj^ under or by virtue of this ordinance. Sec. 9. Should the said company, at any time fail to comply with the conditions andprovisions of this ordi- nance, or any of them, or with the general ordinances of the South Park Commissioners, the said South Park Commissioners may order said tracks to be taken ui) and removed by said company and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the ex- pense of the said company. Sec. 10. All the provisions of this ordinance shall be equally binding upon the said railroad company, its successors, assigns and lessees. Sec. 11. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Atchison, Topeka & Santa Fe Kailroad Company, in Chicago duly signed and under its corporate seal, shall be filed with the secretary of the South Park Commissioners. Unless such accept- ance be so filed within thirty days of the time of the passage hereof this ordinance shall be null and void. 268 STEAM RAILROADS. ORDINANCE GRANTING THE RIGHT TO THE CHICAGO AND NORTHERN PACIFIC RAILROAD COMPANY TO CROSS WESTERN AVENUE BOULEVARD AND GARFIELD BOUL- EVARD. [PASSED NOVEMBER 2, 1S9L] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same are liereby granted to the Chicago and North- ern Pacific Railroad Company to lay down, operate and maintain a double track railway across the West- ern avenue boulevard and the Garfield boulevard, in the City of Chicago, Cook County, Illinois, in the man- ner and subject to the provisions and restrictions here- inafter contained. Sec. 2. The tracks across said Western avenue bou- levard shall be laid east of and parallel with, and at the present grade of the tracks of the Union Stock Yards and Transit Company; and the distance be- tween the centers of the tracks of said Chicago and Northern Pacific Railroad Company and between the center of the west track of said Chicago and Northern Pacific Railroad Company and the center of the east track of said Union Stock Yards and Transit Com- pany, shall not be more than fourteen feet. Sec. 3. The tracks across said Garfield boulevard shall be laid west of and at the present grade of the tracks of the Pittsburgh, Cincinnati, Chicago and St. Louis Railwa}^ Company, and the west rail of the west track of said Chicago and Northern Pacific Railroad Company shall cross the north line of said boulevard at a distance of not more than fifty-six and one-half feet from the west line of the right-of-way of said Pitts- burgh, Cincinnati, Chicago and St. Louis Railway Com- STEAM RAILROADS. 269 pany, and said west rail of said west track shall cross llie south line of said boulevard at a distance of not more than eighty feet from said west line of the right- of-way of said Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. Sec. 4. Said railroad company shall construct its tracks across said boulevards with an iron guard rail on the inside of each of the rails thereof, and shall plank said crossings and keep the same in repair to the full width of said boulevards, all under the direction of the superintendent of said South Park Commission- ers ; and said railroad company shall not change the grade of its tracks across said boulevards without the consent of said South Park Commissioners; and said railroad company shall, at its own cost and expense, furnish and deliver suitable material for constructing, repairing and maintaining the approaches to said tracks, including both the driveways and planting- spaces of said boulevards, at such places and at such times as shall be directed by said South Park Commis- ioners, and all alterations made necessary in said bou- levards to make the driveways and planting spaces thereof conform to the grade of said railroad tracks, as herein specitied, shall be made at the sole cost and ex- pense of said railroad company and under the super- vision and direction of the superintendent of said South Park Commissioners; and the said railroad company shall also pay any and all expense incurred in the removal of trees, made necessary by the construc- tion of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 5. The said railroad company shall, whenever so directed by the South Park Commissioners, keep 270 STEAM RAILROADS and iiiaintain a flagman at such crossings of said bou- levards, or shall construct and maintain gates thereat, as shall be required by the Soutli Park Commission- ers ; and shall also use and maintain such other means in use by railway companies as shall from time to time be directed by said South Park Connnissioners to in- sure the safety of persons using said boulevards. Sec. 6. The said railroad company shall at no time and under no circumstances permit any of its cars or locomotives to stand ui)on said tracks, or any of them, to the obstruction of travel upon said boulevards or any part thereof. Sec. 7. The permission, authority and privileges hereby granted are upon the further express condition that the said railroad company, whenever so directed by the Soutli Park Commissioners, in compliance with any general order in regard to the construction of via- ducts and the lowering of the tracks crossing the boule- vards under the control of said South Park Commis- sioners in any particular district, shall construct and maintain a viaduct over said boulevards and railway crossings, and shall lower the said tracks in the man- ner required by said South Park Connnissioners. Sec. 8. The privileges hereby granted are upon the further express condition that the said railroad com- pany shall at all times comply with and be subject to all general and special ordinances of said Soutli Park Commissioners, now in force or which may hereafter be passed concerning the use and occupation of streets and boulevards and the running and operating of cars thereon or across the same by railway companies, or in regard to the elevation of railroad tracks crossing said STEAM RAILKOAUS. 271 streets and boulevards, so far as the same apply or re- late to the privileges hereby granted. Sec. 9. The peiinission and authority hereby grant- ed are upon the further express condition that the said railroad company shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees, and the costs and expenses of the same which may be recovered or obtained against the South Park Commissioners for or by reason of or growing out of, or resulting from the l)assage of this ordinance, or any matter or thing con- nected therewith, or by the exercise by the company of the privileges hereby granted, or from any act or acts of said company under or by virtue of this ordi- nance. Sec. 10. Should the said company at any time fail to comply with the conditions and provisions of this or- dinance, or any of them, or with the general ordinances of the South Park Commissioners, the said South Park Commissioners may order the said tracks to be taken up and removed by said company, and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the ex- pense of the said company. Sec. 11. All the provisions of this ordinance shall be equally binding upon the said railroad company, its successors, assigns and lessees. Sec. 12. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Chicago & Xorthern Pacific Rail- road Company, duly signed and under its corporate^ seal, shall be filed with the secretary of the South Park Ill STEAM RATI^ROADS. Commissioners. Unless such acceptance shall be so filed within thirty days of the time of the passage here- of, this ordinance shall be null and void. CITY OF CHICAGO ORDINANCE REQUIRING THE ILLINOIS CENTRAL RAILROAD COMPANY TO RAISE ITS ROAD- BED AND TRACKS BETWEEN FIFTY-FIRST AND SIXTY- SEVENTH STREETS IN THE CITY OF CHICAGO. [PASSED MAY 23, 1892.] Whereas, In order to provide increased facilities for the conveyance of passengers and freight to and from eTackson Park during the continuance of the World's Fair, to be held there in the year 1893, and to remove as far as practicable impediments to the future use of the public streets intersecting the tracks of the Illi- nois Central Eailroad Company between Fifty-first street and Sixty-seventh street, botli inclusive, tlie pub- lic interests imperatively require that the railroad tracks of that company with the aforesaid limits shall be raised to a sufficient height above the present sur- face of the roadbed to admit of the intervening streets being carried under the said tracks. BE IT, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That permission and authority are here- l)y given the Illinois Central Railroad Company, and the said company is hereby required to elevate its road- bed and tracks between the north line of Fifty-first street and the south line of Sixty-seventh street in the City of Chicago to the height of eighteen (18) feet above the city datum at Fifty-first street, thence rising by a gradual ascent to nineteen (19) feet above city STEAM RAILROADS. 273 datum at Fifty-tliird street, which elevation shall be maintained as far south as the south line of Sixty- seventh street. Provided, Such grade shall not extend on the north farther than Forty-seventh street, and, provided, such grade shall not extend further than Seventy-first street on the south. The railroad tracks laid upon the elevated roadbed may be connected with the surface tracks at each end by the use of such gradients as the company shall deem necessary for the efficient operation of its railroad. Sec. 2. The new roadbed shall be constructed upon a solid embankment of earth or other suitable material, except at the street intersections, and shall be of suf- ficient width to admit of the construction and mainte- nance of not less than ten (10) tracks thereon. The work shall conform as nearly as may be to the plans shown upon the drawings hereto annexed, and which are hereby made a part of this ordinance, and shall be done under the supervision and direction of the Com- missioner of Public Works of the City of Chicago ; but the company shall be at liberty to increase the width of the roadbed and lay additional tracks thereon at any time or times hereafter, to such extent, within the limits of its present right of way, as the necessities of its business shall seem to it to require. Sec. 3. Open spaces shall be left in the embankment for all streets now crossing the right of way of said company, also for the extension of Fifty-fifth, Fifty- sixth, Fifty-seventh, Sixtieth, Sixty-fourth, Sixty-fifth and Sixty-sixth streets, across the right of way, corre- sponding in width to the width of the respective street?'. 274 STE.VM RAILROADS. at the place of crossing; and abutments of solid stone or brick masonry shall be constructed and maintained by said railroad com])any on each side of such open spaces and clear of the line of the streets. In order to furnish available room for the use of the railroad com- pany on either side of the street crossing beneath the tracks, the abutments may be set back at such dis- tance from the line of the street as may be deemed necessary. The tracks shall be carried across these open spaces upon iron or steel girders, for the sup- port of which a row of iron or steel posts may be placed along the curb line on each line of the street below; these curb lines to be parallel to and to be fixed at equal distances from the center of the street, and at a distance from each other equivalent to sixty (60) per cent, of the width of the street. Suitable fenders may be placed at the base of each post to pro- tect it from injury from passing vehicles. No part of the girders of superstructure supporting the railroad tracks shall be less than eighteen (18) feet above the city datum at Fifty-first street, nor less than nineteen (19) feet at the other street crossings. Said work shall be done under the direction and supervision of the Commissioner of Public Works. There also shall be left, south of and adjoining a line 66 feet south of the north line of Fifty-niiith street, and north of and adjoining a line 66 feet north of the south line of Sixtieth street, at both places, an opening not less than fifty feet wide, in the clear, at all points, and north of the southerly opening and south of the northerly opening there shall be left openings not less than 12 feet wide, in the clear, at all points. The sup- port for the tracks between the larger and smaller STKAM KAILUOAD-:. 275 Openings sliall be iron or steel columns, and at the extremities of the openings sliall ])e stone abutments with rock face coursed masonry on the exposed sur- faces, with suitable slope walls at either end. The entire structure shall ])e tightly floored and concreted. In case it shall be necessary to. depress the said road- ways running under tracks, the said railroad company shall provide and maintain an efficient system of under- ground sewerage to carry off the surface water. There shall also be constructed and properly lighted and maintained by said railroad company a suitable pedestrian subway, at the place of the extension of Sixty-second street, said subway to be an arch of masonry not less than ten (10) feet in width and ten (10) feet in height, and as nearly as practicable at the present street grade. Sec. 4. All streets, avenues, alleys and highways now crossing said railroad, or that may be hereafter extended across the same, between Forty-seventh street and Sixty-seventh street, shall be carried under the tracks of the said railroad, and at all openings re- quired to be left in the embankment for that purpose by the terms of this ordinance, said railroad company shall cause the surface of the ground to be depressed to a sufficient depth to leave a clear space between the surface of the roadway when completed and the superstructure of the railroad carried over it, not less than eleven (11) feet at Fifty-first street and Fifty- third street, and not less than twelve (12) feet at Fifty-fifth street, Fifty-sixth street, Fifty-seventh street, Fifty-ninth street and Sixtieth street, and not less than twelve and a half (12-1/2) feet at Sixty-third 276 STEAM RAILROADS. street, Sixty-fourth street, Sixty-fiftli street, Sixty- six'di street and Sixty-seventh street. Sec. 5. The cost of constructing suitable approaches to ■|:he depressed streets under the railroad tracks, and of rjaving the streets under the railroad tracks and the tipproaches thereto, and constructing suitable side- walks and providing for water pipes and drainage in said depressed streets, shall be paid by the railroad company, the work to be done in accordance with plans approved by the Commissioner of Public Works and under his direction. Sec. 6. The work herein required to be done shall be commenced as soon as practicable and be thence- forth continuously and diligently prosecuted, and shall be completed on or before the first day of May, 1893. The work shall be done in such manner as not to un- necessarily obstruct the operation of the railroad or the use of the streets; but such temporary interfer- ence with the use of the streets as shall be found necessary in the proper prosecution of the work is hereby permitted. Sec. 7. In order to maintain the connections with the branch railroad leading to Washington Park, at or near Sixty-first street, the branch railroad leading to the Oakwood Cemetery at or near Sixty-seventh street, and the connection with the South Chicago Railroad in the vicinity of Sixty-ninth street, the loca- tion and grade of said branches, and said South Chi- cago Railroad may be so changed, raised and modified as may be necessary to obtain a suitable and con- venient connection and approach to the elevated tracks of said Illinois Central Railroad Company. STEAM RAILROADS, 277 See. 8. The said railroad company, its successors and assigns, shall have the right of maintaining and using the said elevated railroad, and may exercise all such powers, authority and control over or in respect to the same as may be now lawfully exercised by it upon any part of its line within the City of Chicago; but nothing herein contained shall be held to limit or impair tlie lawful authority, power or control over railroads vested in the City Council. Sec. 9. The consent, permission and authority here- by given are upon the further express condition that the said Illinois Central Railroad Company shall and will forever indemnify and save harmless the City of Chicago against any and all damages of every kind and character, including land and business damages, and any and all damages to property of every kind and character, and from any and all damages, judgments, decrees and costs, and expenses of the same, which it may suffer, or which may be recovered or obtained against said city for or by reason of the granting of or resulting from the passage of this ordinance, or any manner or thing connected therewith, or with the exer- cise by said company of any of the privileges hereby granted, or from any act or acts of the said company under or by virtue of the provisions of this ordinance. Sec. 10. This ordinance shall take effect and be in force from and after its acceptance by said corporation under its corporate seal; provided that if the said compau}^ shall not file with the city clerk its formal acceptance of the terms and conditions of this ordi- nance within thirty days from the passage hereof, then all rights and privileges hereby granted shall be wholly null and void and of no etfect. 278 STEAM RATT.ROADS. ORDINANCE GRANTING THE RIGHT TO THE PITTSBURG, CINCINNATI, CHICAGO AND ST. LOUIS RAILWAY COM- PANY TO LAY TWO ADDITIONAL WAIN TRACKS ACROSS WESTERN AVENUE BOULEVARD. [PASSED OCTOBER 12, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That i)ermission and autlioi-ity l)o and the same are hereby granted to the Pittsburg, Cincin- nati, Cliicago & St. T.onis Railway Company to hiy down, maintain and operate two main tracks across tlie Western Avenue boulevard in the City of Cliicago, (\)ok County, Illinois, in addition to the two main tracks heretofore laid down, maintained and operated across said boulevard by said railway company, in the manner and subject to the provisions and restrictions hereinafter contained. Sec. -. The said four tracks as well as the two tracks of the Cliicago & Northern Pacific Pailroad Company authorized to be laid by ordinance of the South Park Connnissioners adopted November 2, .1891, and the present tracks of the Union Stock Yards and Transit Co. shall be laid, maintained and oj^erated across said boulevard at the present grade of said railway company in conformity with the i)lat of said tracks, which plat is incorporated herewith and made part of this ordinance; the scale, side track and switches of said railway company now in said boule- vard shall be removed. Sec. 3. Said Railway Company shall construct its tracks across said l)Oulevard with an iron guard rail on the inside of each of the rails thereof, and shall ])]ank said crossings and kee]) the same in repair to STEAM RAILROADS. '21U the full widtli of said ])Ou]evard, jil] under tlie direc- tion of the Superintendent of said South Park Com- missioners; and said Kailway Company shall not change the grade of its tracks across said boulevard without the consent of said South Park Commission- ers; and said Railway Company shall at its own cost and expense furnish and deliver suitable material for constructing, repairing and maintaining the approach to said tracks, including both the driveways and plant- ing spaces of said boulevard, at such places and at such times as shall be directed by said South Pai'k Commissioners, and all alterations made necessary in said boulevard to make the driveways and planting spaces thereof conform to the grade of said railway tracks, as herein specified, shall be made at the sole cost and expense of said Railway Company and under the supervision and direction of the Superintendent of said South Park Commissioners; and the said Rail- way Company shall also pa}^ any and all expense in- curred in the removal of trees, made necessary by the construction of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 4. The said Railway Company shall, whenever so directed by the South Park Commissioners, keep and maintain a flagman at such crossing of said boule- vard, or shall construct and maintain gates tliereat as shall be required by the South Park Commissioners to insure the safety of persons using said boulevard. Sec. 5, The said Railway Company shall at no times and under no circumstances permit any of its cars or locomotives to stand upon said tracks, or any of them, to the obstruction of travel upon said boulevard or any part thereof. -80 STEAM KAILROADS. Sec. C. The permission, aiitliority and privileges hereby granted are upon the further express conditioji that the said Railway Company, whenever so directed by the South Park Commissioners in compliance with any general order in regard to the construction of via- ducts and the lowering of the tracks crossing the boulevards under the control of said South Park Com- missioners in any particular district, shall pay their ,)iist and ecpiitable proportion of the cost of construct- ing and maintaining a viaduct over said boulevard and railway crossing, and shall lower the said tracks in the nuinner required by said South Park Commis- sioners. Sec. 7. The privileges hereby granted are uj^on the further express condition that the said Railway Com- pany shall at all times comply with and be subject to all general and special ordinances of said South Park Commissioners now in force, or which may hereafter be passed concerning the use and occupation of said boulevard and the running and operating of cars there- on or across the same by railway companies, or in re- gard to the elevation of railroad tracks crossing said boulevard, so far as the same apply or relate to the privileges hereby granted. Sec. 8. The permission and authority hereby granted are upon the further express condition that the said Railway Company shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees, and the costs and expenses of the same which raaj be recovered or obtained against the South Park Commissioners for or by reason of or growing out of, or resulting from STEAM RATLKOADS, 281 the passage of this ordinance, or any matter or thing connected therewitli, or by the exercise by the com- pany of the privileges liereby granted, or from any act or acts of said company under or by virtue of this ordinance. Sec. 9. Should the said company at any time fail to comply with the conditions and provisions of this ordinance, or any of them, or with the general ordi- nances of the South Park Commissioners, the said South Park Commissioners may order the said tracks to be taken up and removed by said company, and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the expense of the said company. Sec. 10. All the provisions of tliis ordinance shall be equally binding upon the said railway company, its successors, assigns and lessees. Sec. 11. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, duly signed and un- der its corporate seal, shall be filed with the Secretary of the South Park Commissioners. Unless such ac- ceptance shall be so filed within thirty days of the time of the passage hereof, this ordinance shall be null and and void. 282 STEAM RAILROADS. ORDINANCE GRANTING THE RIGHT TO THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY TO LAY DOWN TWO ADDITIONAL TRACKS ACROSS GARFIELD BOULEVARD. [PASSED NOVEMBER 11, 1S92.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS : Section 1. That permission and authority be and the same are hereby granted to the Chicago and West- ern Indiana Eailroad Company to lay down, operate and maintain two additional railway tracks across Garfield boulevard in the manner and subject to the provisions and restrictions hereinafter contained. Sec. 2. That said track shall be laid east of and parallel with and at the present grade of the tracks of said company now across said boulevard and as near thereto as practicable. Sec. 3. Said railroad company shall construct its tracks across said boulevard with an iron guard rail on the inside of each of the rails thereof, and shall plank said crossings and keep the same in repair to the full width of said boulevard, all under the direc- tion of the Superintendent of said South Park Com- missioners; and said railroad company shall not change the grade of its tracks across said boulevard without the consent of said South Park Commission- ers; and said railroad company shall at its own cost and expense, furnish and deliver suitable material for constructing, repairing and maintaining the ap- proaches to said tracks, including both the driveways and planting s^Daces of said boulevard, at such places and at such times as shall be directed by said South Park Commissioners, and all alterations made neces- sary in said boulevards to make the driveways and STEAM RAILROADS. 283 1)1 anting- spaces thereof conform to the grade of said railroad tracks, as lierein specified, shall be made at the sole cost and expense of said railway company and under the supervision and direction of the Super- intendent of said South Park Commissioners; and the said railroad company shall also pay any and all ex- pense incurred in the removal of trees, made neces- sary by the construction of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 4. The said railroad company shall, whenever so directed by the South Park Commissioners, keep and maintain a flagman at such crossing of said boule- vard, or shall construct and maintain gates thereat, as shall ))e required by the South Park Commission- ers; and shall also use and maintain such other means in use by railway companies as shall from time to time be directed by said South Park Commissioners to insure the safety of persons using said boulevard. Sec. 5. The said railroad company shall at no time and under no circumstances permit any of its cars or locomotives to stand upon said tracks, or any of them, to the obstruction of travel upon said boulevard or any part thereof. Sec. 6. The permission, authority and privileges hereby granted are upon the further express condition that the said railroad company, whenever so directed by the South Park Commissioners, in compliance with any general order in regard to the construction of via- ducts, and the lowering of the tracks crossing the boulevard under the control of said South Park Com- missioners in any particular district, shall construct and maintain a viaduct over said boulevard and rail- 284 STEAM RAII;R0A1)S. way crossing, and sliall lower the said tracks in the manner reqniied by said South Park Commissioners. Sec. 7. The privileges hereby granted are upon the further express condition that the said railroad com- pany shall at all times comply with and be subject to all general and special ordinances of said South Park Commissioners, now in force or which may hereafter l)e passed concerning the use and occupation of streets and boulevards and the running and operating of cars thereon or across the same by railway companies, or in regard to the elevation of railroad tracks, crossing said streets and boulevards, 'so far as the same apply or relate to the privileges hereby granted. Sec. 8. The permission and authority hereby granted are upon the further express condition that tlie said railroad company shall forever indemnify and save harmless the said South Park Commission- ers from any and all legal actions, damages, decrees, and the costs and expenses of the same which may be recovered or obtained against the South Park Com- missioners for or by reason of or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith or by the exer- cise by the company of the privileges hereby granted, or from any act or acts of said company under or by virtue of this ordinance. Sec. 9. Should the said company at any time fail to comply with the conditions and provisions of this ordinance or any of them, or with the general ordi- nances of the South Park Commissioners, the said South Park Commissioners may order the said tracks to be taken up and removed hj said company, and on STEAM RAILROADS. 285 its ['ailuro so to do witliin ten days after notice of siieU order, may cause the same to be taken up and removed at the expense of the said company. 8ec. 10. All the provisions of this ordinance shall be equally binding upon the said railroad company, its successors, assigns and lessees. See. 11. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Chicago and Western Indiana Railroad Company duly signed and under its corpo- rate seal, shall be filed with the Secretary of the South Park Commissioners. Unless such acceptance shall be so filed within thirty days of the time of the pas- sage hereof, this ordinance shall be null and void. ORDINANCE PERMITTING THE ELEVATION OF TRACKS OVER GARFIELD BOULEVARD. [PASSED MAY 13, 1896; AMENDED JUNE 10, 1896.] BE IT ORDAINED BY THE SOUTH PARK COAIMISSIONERS : Section 1. That consent, authority and permission are hereby granted to the Lake Shore & Michigan Southern Eailway Company, and to the Chicago, Rock Island & Pacific Railway Company, to elevate the plane of their railway tracks across Garfield boule- vard in accordance with the provisions and upon the conditions in this ordinance set forth. Sec. 2. The structure to be erected over and across the said boulevard shall consist of three spans. The northerly span shall be supported at its north end upon a stone abutment constructed north of the north line of said boulevard, and at its south end upon an 28G STEAM EAILROADS, iron column located a short distance south of the south line of the north driveway of said boulevard, as here- inafter provided for. The southerly span shall be sup- ported at its south end upon a stone abutment con- structed south of the south line of said boulevard, and at its north end upon an iron column located a short distance north of the north line of the south driveway of said boulevard; and the middle span shall be sup- ported respectively upon the south and north supports of the northerly and southerly spans. Sec. 3. The surface of the boulevard shall pass be- neath the said elevated structure by means of a sub- way under said tracks to be constructed by said rail- way companies, wholly at their own expense, which subway shall be so constructed that a minimum clear- ance or head-room of not less than thirteen and one- half feet shall be maintained at all points between the roadways in said subway and the overhead structure, and so that the top of the said roadways shall "be fif- teen and three-tenths feet above the .plane commonly known and called "City Datum" in the City of Chi- cago under the entire distance of said elevated struc- ture ; and the sidewalks in said subway shall be so constructed that a minimmTi clearance or head-room shall be maintained at all points of not less than eight feet and ten inches between the highest point of said sidewalks and the lowest point of said overhead struc- ture. The floor of the said elevated structure across said boulevard shall be fabricated in iron or steel, and shall be of the character technically designated and known as ''solid construction," so as to be tightly floored over its entire length and width. STEAM RAILROADS. 28/ Sec. 4. Said mil way companies shall construct two roadways in Garfield boulevard, each fort}^ feet in W'idth, from a point two hundred and twenty-five (225) feet w^est of their right of way to a point two hundred and fifty (250) feet east of their right of w^ay, and so graded as to pass under the elevated structure of said railways w^ith the minimum clearance as provided in the foregoing section. The north line of the north driveway shall be placed fifteen feet south of the north line of the boulevard, and the south line of the south driveway shall be placed fifteen feet north of the south line of the boulevard. Except where there is a stone curb w^all, said driveways shall be constructed with combined concrete curb and gutter on each side there- of. Said driveways shall be paved or macadamized with macadam pavement not less than nine inches in thickness, similar to the pavement of the roadways of Garfield boulevard immediately east and west thereof. The space between said driveways, to be constructed as aforesaid, shall be properly graded up for a plant- ing space, except under the said elevated stnicture, and there, such space shall be paved with a vitrified brick pavement upon a grade as nearly level with the planting space of said boulevard, on either side of said elevated structure, as practicable. The said railway companies shall also construct and maintain an outlet sewer with such number of catch basins and manholes as shall be directed by the super- intendent of the South Park Commissioners, for the purpose of draining the said subway, and which sewer, catch basins and manholes shall be so constructed and maintained as to fully drain the same, and run from 288 STEAM KAILROADS. thence and empty into the sewer now constructed at State street. The sidewalks and all necessary crosswalks shall be restored or constructed by said railway companies so as to conform to the provisions of this ordinance, and so as to meet the approval of the Superintendent of the South Park Commissioners. The said railway com- panies shall do all the work and furnish all the addi- tional material required in order to carry out the pro- visions of this section, wholly at their own expense. Sec. 5. The streets and alleys which open into or intersect Garfield boulevard where the said approaches are to be constructed, shall be properly graded down into the boulevard at the expense of said railway com- panies and repaved where they are now paved. Sec. 6. If in the construction of said subway, or the approaches thereto, it shall become necessary to change the location of any water pipe, sewer, or elec- trical conduit, the same may be deflected from the posi- tion in which they are found and placed in brick con- duits especially constructed for that purpose and car- ried entirely around said subway on either side there- of, or the same may be lowered, but all of said work shall be done by and at the entire expense of the said railroad companies. Sec. 7. The plans and specifications for the said ele- vated structure, and for the columns and stone masonry supporting the same, and for the construction of the said subway, and the depression and construction of the driveways, pavement and sidewalks, as well as the construction of said sewer, and the changing of the said Avater pipes, sewer and electrical system, as well STEAM RAIJLROADS. 289 as all otlier work to ])e done in accordance with the provisions of this ordinance, shall be submitted to and approved by the South Park Commissioners, or In- their Superintendent, before any work shall be done under this ordinance, and such plans, when so ap- proved, shall be taken to constitute a part of this or- dinance, and all of the work upon or in connection with any of the matters or things provided to be done under this ordinance shall be done and performed subject to the inspection and approval of the Superintendent of the South Park Commissioners but wholly at the expense of said railway companies. Sec. 8. Permission and authority are hereby given to said railway companies, whenever the same shall be necessary in carrying on the work of elevating their railway tracks, as herein authorized, to temporarily obstruct said boulevard, or part thereof, in such man- ner and for such length of time as may be approved by the Superintendent of the South Park Commissioners, and the said railway companies are hereby authorized in the prosecution of said work to erect and maintain a temporary structure or structures across said boule- vard which shall be necessary or convenient to enable them to prepare for, or to erect, the permanent ele- vated structure herein provided for, subject to like approval of the Superintendent of the South Park Com- missioners, and if, at any time, the said work shall not ])e prosecuted with reasonable rapidity or in a proper manner, then the South Park Commissioners reserve the right to remove any obstructions, and to stop the said work and to take full possession and control of that portion of said Garfield boulevard, not- withstanding this ordinance and any permit which may 290 STEulM EAILKOADS. have been issued thereunder, and to pUice such boule- vard in reasonably good condition again, and in such case the said railway companies, jointly and severally, agree to refund to the South Park Commissioners any and all expenses which said South Park Commission- ers may be at in doing such work. Sec. 9. The said railway companies, jointly and sev- erallj^, and their respective lessees, successors and as- signs, by the acceptance of this ordinance respectively agree that they and each of them will forever indem- nify and save harmless the said the South Park Com- missioners from any and all damages, judgments, de- crees, costs, attorney's fees and expenses for which the said the South Park Commissioners may be liable, or which may be recovered by reason of the passage of this ordinance, or the construction, maintenance and use of the said elevated structure, or any telegraph or signal device placed thereon by said railway' companies, or either of them, or by reason of the construction, maintenance or operation of said elevated railways (or the depression of the said boulevard under said ele- vated structure), or in any way resulting from the pas- sage of this ordinance, or from the exercise by said railway companies, or either of them, of any of the powers or privileges herein in this ordinance granted, or acts required to be performed; and if the South Park Commissioners shall be required to defend any suits brought on account of the passage of this ordi- nance, or any of the acts done by the said railway com- panies, or either of them, under the same, then the said railway companies, jointly and severally, agree to pay a reasonable amount for attorney's fees incurred STEAM RAILROADS. 291 by the South Park Commissioners in defending the same. Sec. 10. Tlie said railway companies, jointly and severally, agree by the acceptance of this ordinance to forever light the said subway heretofore authorized to be constructed, in such manner as may be at any time directed by the South Park Commissioners, by order or resolution therefor. Sec. 11. This ordinance shall take effect and be in force as soon as the said Lake Shore & Michigan South- ern Pailway Company and the Chicago, Rock Island & Pacific Railway Company, shall each file their formal acceptance with the secretary of the South Park Com- missioners, provided, however, that if said acceptance shall not be filed with the said secretary, as aforesaid, wnthin sixty days from the passage of this ordinance then this ordinance shall be void and of no effect. ORDINANCE GRANTING PERMISSION TO ELEVATE THE TRACKS OF THE PITTSBURG, FORT WAYNE & CHICAGO RAILWAY COMPANY ACROSS GARFIELD BOULEVARD. [PASSED NOVEMBER 27, 1S96.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS; Section 1. That consent, authority and permission are hereby granted to the Pennsylvania Company, operating the Pittsburgh, Fort Wayne & Chicago Rail- way to elevate the plane of its railway tracks across Garfield boulevard in accordance with the provisions and upon the conditions in this ordinance set forth. Sec. 2. The structure to be erected over and across the said boulevard shall consist of three spans. The northerly span shall be supported at its north end upon 292 STEAM RAILROADS. a stone abutment constructed north of the north lino of the said boulevard, and at its south end upon iron columns located a short distance south of the south line of the north driveway of said boulevard, as herein- after provided for. The southerly span shall be sup- ported at its south end upon a stone abutment con- structed south of the south line of said boulevard, and at its north end upon iron columns located a short dis- tance north of the north line of the south driveway of said boulevard. The middle span shall be supported respectively upon the north and south supports of the northerly and southerly spans. Sec. 3. The surface of the boulevard shall pass be- neath the said elevated structure by means of a sub- way under said tracks to be constructed by said com- pany, wholly at its own expense, which subway shall be so constructed that a minimum clearance or head- room of not less than thirteen and one-half (13i) feet shall be maintained at all points between the roadways in said subway and the overhead structure, and so that the top of the said roadways shall l)e twelve and one- half (12^) feet above the plane commonly called '^City Datum" in the City of Chicago, under the entire dis- tance of said elevated structure; and the sidewalks in said subway shall be so constructed that a minimum clearance, or head-room, shall 1)e maintained at all points of not less than eight feet and ten inches (8' 10") between the highest jDoint of said sidewalks and the lowest point of said overhead structure. The floor of the said elevated structure across said boulevard shall be fabricated in iron or steel, and shall be of the character technicallv designated and known as "solid STEAM EAILEOADS. 293 coiLstriietion" so as to be tightly floored over its entire length and width. Sec. 4. Said company shall construct two roadways in Garfield boulevard, each forty (40) feet in width, from a point two hundred and seventy (270) feet west of their right of way to a point two hundred and seven- ty (270) feet east of their right of way, and so graded as to pass under the elevated structure of said railway with the minimum clearance as provided in the fore- going section. The north line of the north driveway shall be placed fifteen (15) feet south of the north line of the boulevard, and the south line of the south drive- way shall be j^laced fifteen (15) feet north of the south line of the boulevard. Except where there is a stone curb wall, said driveway shall be constructed with com- l)ined concrete curl) and gutter on each side thereof. Said driveways shall be paved or macadamized with a macadum pavement not less than nine (9) inches in thickness — similar to the pavement of the roadways of Garfield boulevard immediately east and west thereof. The space between said driveways to be constructed as aforesaid, shall l)e properly graded up for a plant- ing space, except under the said elevated structure, and there such space shall be paved with a vitrified brick pavement upon a grade as nearly level with the planting space of said boulevard on either side of said elevated structure as practicable. The said company shall also construct and maintaiji an outlet sewer, with such number of catch basins and manholes as shall be directed by the Superintendent of the South Park Commissioners, for the purpose of draining the said subway, and which sewer, catch- basins and manholes shall be so constructed and main- 294 STEAM RAILROADS. tained as to fully drain the same into some city sewer designated by the Park Commissioners and in a man- ner satisfactory to said South Park Commissioners. The sidewalks and all necessary cross walks shall be restored or constructed by said company so as to conform to the provisions of this ordinance, and so as to meet the approval of the Superintendent of the South Park Commissioners. The said company shall do all the work and furnish all the additional material required in order to carry out the provisions of this section, wholly at its own expense. Sec. 5. The streets and alleys which open into or intersect Garfield boulevard where the said approaches are to be constructed shall be properly graded down into the boulevard at the expense of said company, and repaved where they are now paved. Sec. 6. If in the construction of said subway, or the approaches thereto, it shall become necessary to change the location of any water pipe, sewer, or electrical conduit, the same may be deflected from the position in which they are found and placed in brick conduits especially constructed for that purpose and carried en- tirely around said subways on either side thereof, or the same may be lowered; but all of said work shall be done by and at the expense of the said company. Sec. 7. The plans and specifications for the said elevated structure, and for the columns and stone ma- sonry supporting the same, and for the construction of the said subway, and the depression and construc- tion of the driveways, pavements and sidewalks, as well as the construction of said sewer, and the chang- ing of said water pipes, sewer and electrical system, STEAM RAILROADS. 295 as well as all other work to be done in accordance with the provisions of this ordinance, shall be sub- mitted to and approved by the South Park Commis- sioners, or by their Superintendent, before any work shall be done under this ordinance, and such plans when so approved shall be taken to constitute a part of this ordinance, and all of the work upon or in con- nection with any of the matters or things provided to be done under this ordinance shall be done and performed subject to the inspection and approval of the Superintendent of the South Park Commissioners, but wholly at the expense of said company. Sec. 8. Permission and authority are hereby given to said company, whenever the same shall be necessary in carrying on the work of elevating its tracks, as herein authorized, to temporarily obstruct said boule- vard, or part thereof, in such manner and for such length of time as may be approved by the Superintend- ent of the South Park Commissioners; and the said company is hereby authorized in the prosecution of said work to erect and maintain a temporary structure or structures across said boulevard which shall be nec- essary or convenient to enable it to prepare for or to erect the permanent elevated structure herein provided for subject to like approval of the Superintendent of the South Park Commissioners ; and, if at any time, the said work shall not be prosecuted with reasonable rapidity, or in proper manner, then the South Park Commissioners reserve the right to remove any ob- struction and to stop the said work and to take full possession and control of that portion of said Garfield boulevard, notwithstanding this ordinance and any 2I)() STEAM RATLROADS. permit which may have been issued thereimder, and to phice such boulevard in reasonable condition again ; and in such case the said company agrees to refund to the South Park Commissioners any and all expenses which said South Park Commissioners may be at in doing such work. Sec. 9. The said company, and its successors and assigns, by the acceptance of this ordinance, agrees that it, and each of them, will forever indemnify and save harmless the said .South Park Commissioners from any and all damages, judgments, decrees and costs, attorneys' fees and expenses for which the said South Park Commissioners may be liable, or which may be recovered by reason of the passage of this ordi- nance, or the construction, maintenance and use of said elevated structure, or of any telegraph or signal device jilaced thereon by said company, or by reason of the construction, maintenance, or operation of said elevated railway, or the depression of the said boule- vard under said elevated structure, or in any way resulting from the passage of this ordinance, or fi-om the exercise by said company of any of the powers or privileges herein in this ordinance granted, or acts required to be performed; and if the South Park Com- missioners shall be required to defend any suits brought on account of the passage of this ordinance, or any of the acts done by said company under the same, then said company agrees to pay a reasonable amount for attorneys' fees incurred by the South Park Com- missioners in defending the same. Sec. 10. The said railway company agrees by the acceptance of this ordinance to forever light the said subway, heretofore authorized to .be constructed, in STEAM RAILROADS. 297 such manner as may be at any time directed by the South Park Commissioners by order or resolution therefor. Sec. 11. It is hereby expressly provided that unless the work herein provided to be done by the said com- pany shall be completely finished on or before two years from the passage of this ordinance, then the con- sent and authority hereby granted shall be null and void and of no etfect. Sec. 12. This ordinance shall take effect and be in force as soon as the Pennsylvania Company, operat- ing the Pittsburgh, Fort Wayne & Chicago Railway, shall file its formal acceptance with the Secretary of the South Park Commissioners ; provided, however, that if said acceptance shall not be filed with the said Secretary, as aforesaid, within sixty days from the passage of this ordinance, the-n this ordinance shall be void and of no effect. AN ORDINANCE GRANTING PERMISSION TO ELEVATE THE TRACKS OF THE ST. CHARLES AIR LINE RAILROAD ACROSS ^IICHIGAN AVENUE. [PASSED JULY 5, 1898.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That subject to the conditions herein- after imposed, consent, authority and permission are hereby granted to the Illinois Central Railroad Com- pany, the Michigan Central Railway Company, the Chicago & Northwestern Railroad Company and the Chicago, Burlington & Quincy Railroad Company, pro- prietors of a certain railroad in the City of Chicago, commonly called the St. Charles Air Line, to elevate the plane of the tracks of said St. Charles Air Line 298 STEAM RAILROADS. Railroad across Michigan avenue, in acordance with the provisions and upon tlie conditions in this ordi- nance set forth. Sec. 2. The structure to be erected over and across said Michigan avenue shall consist of three (3) spans. The easterly span shall he supported at its east end upon a stone abutment constructed east of the east line of said ]\[icliigan avenue and at its ^vest end upon iron columns located east of and adjoining the east curb line of the driveway of said Michigan avenue. The westerly span shall be supported at its west end upon a stono abutment constructed west of the west line of said Michigan avenue, and at its east end upon iron columns located west of and adjoining the west curb line of the driveway of said Michigan avenue. The middle span shall be supported respectively upon the east and west supports of the west and east spans. Sec. 3. The surface of the boulevard shall ]iot be depressed but shall pass beneath the said elevated structure at an elevation of fourteen and ten hun- dredths (14.10) feet above the plane commonly called ''City Datum" in the City of Chicago, and the mini- mum clearance or head room between the surface of the street and the under side of said elevated structure shall be fourteen (14)' feet, which minimum clearance shall be maintained at all points between the roadway and the overhead structure, throughout the whole width of the street ; and the sidewalks underneath said elevated structure shall be so constructed that a mini- mum clearance or head room shall be maintained at all points of not less than eleven (11) feet beneaih the highest point of said sidewalk and the lowest point of said overhead structure. The floor of the said ele- STEAM RAir.KOADH. 299 \-at<'(| sti-ufture afross said boulfvard sliall be fabri- <'at('(l ill ii-on and steel and shall ))e of the character t{'ebiiirally designated and known as '^so]id construc- tion," so as to be tiglitly floored over its entire length and width. Sec. 4. The said companies, wholly at their own ex- ))ense, shall construct a roadway fifty (50) feet in width under said elevated structure herein provided for, with a minimum clearance as provided in the foregoing section. The said driveway shall be con- structed on the lines of the driveway to the north and south of said elevated structure; such portion of the driveway as is now occupied by tracks shall be rebuilt by putting in a thickness of fourteen (14) inches of limestone macadam, surfaced with four (4) inches of crushed granite, the depths named being those exist- ing after a satisfactory rolling with a steam roller. Granite block gutters (3) feet in width shall be con- structed on each side of the driveway adjoining the curbs. The curbing of the driveway shall be of granite of the usual standard used for such work by the South Park Commissioners. The said companies shall also construct granite concrete walks extending from the curl) to the lot line on each side of the driveway of Michigan avenue to the full width of the right of way of the said St. Charles Air Line Railroad, and shall also construct and maintain such sewers and outlets as may be necessary for the proper drainage of the elevated structure, and shall connect the same with the City sewers in ^Michigan avenue. All of the work to be performed in the construction of the driveway, curb- ing, sidewalks, catch-basins, sewers and sewer connec- tions hereinabove mentioned, shall be done in accord- 300 STEAM RAILROADS, aiice witli specifications approved by the South Park Oonimissioners and to their satisfaction; the said companies furnishing all material and doing all work required to carry out the provisions of this ordinance, wholly at their own expense. Sec. 5. Detailed plans for the said elevated struc- ture, for the columns, and for the stone masonry sup])orting the same, and for the construction of the roadway, sidewalk pavement, sewer connections and all other work to he done in accordance with the pro- visions of this ordinance, shall be submitted to and shall be approved l)y the South Park Commissioners or by their Superintendent before any work shall be done under this ordinance, and such plans and speci- fications when so approved, shall be taken to consti- tute a part of this ordinance, and all of the work upon or in connection with any of the matters or things provided to be done under this ordinance, shall be done and performed subject to the inspection and aj)- proval of the Superintendent of the South Park Com- missioners, but wholly at the expense of said com- panies. Sec. 6. Permission and authority are hereby given to said companies, whenever the same shall be neces- sary in carrying on the work of elevating their tracks, as herein authorized, to erect and maintain a tem- porary structure or structures, across said boulevard which shall be necessary or convenient to enable them to prepare for or to erect the permanent elevated structure herein provided for, subject to the approval of the Superintendent of the South Park Commission- ers, and, if at any time, the said work shall not be pro- secuted with reasonable rapidity, or in proper manner. STEAM RAILROADS. 30] then the South Park Commissioners reserve the right to remove any obstruction and to stop the said work and to take full possession and control of that portion of said Michigan avenue, notwithstanding this ordi- nance and any permit which may have been issued hereunder, and to place said portion of said Michigan avenue in reasonable condition again, and in such case the said companies agree to refund to the South Park Commissioners any and all expenses which said South Park Commissioners may be at in doing said work. Sec. 7. The consent, permission and authority here- by given are upon the condition that the said Railroad Companies, their successors and assigns shall and will forever indemnify and save harmless the said South Park Commissioners from all damages of every kind and from all judgments, decrees and costs which may be recovered against them by reason of or in conse- quence of the construction, maintenance or operation of the said elevated railway, or of anything done by the said Railroad Companies, or either of them, under and by virtue of the provisions of this ordinance ; and upon the further condition that the said Railroad Com- panies shall assume the defense of any and all suits brought for the recovery of such damages; provided that notice in writing of any such suits shall be given to the Railroad Companies not less than five days be- fore the return day of the summons therein, to en- able such defense to be made; and provided further that no valid right or claim of the Railroad Com- panies against the City of Chicago, based upon any ordinance of the City or any contract between said Railroad Companies and the City, shall be impaired or in any way affected by the provisions of this ordi- oU2 STEAM RAILROADS. nance or the acceptance thereof by the said l^ailioad Companies. Sec. 8. The said Raih-oad Companies agree, by the acceptance of this ordinance, to keep the said sub- way hereinbefore authorized to be constructed prop- erly lighted at night, in accordance with such reason- able regulations as may be made from time to time by the South Park Commissioners. Sec. 9. The performance of the several obligations and conditions herein imposed upon said Railway Com- panies is hereby made a condition to the continuance of the consent, authority mid permission herein granted to said Railway Companies. Sec. 10. It is hereby expressly provided that unless the work herein agreed to be done by the said com- panies shall be completely finished on or before one year from the passage of this ordinance, then the con- sent and authority hereby granted shall be null, void and of no effect. Sec. 11. This ordinance shall take effect and be in force as soon as the Illinois Central Railroad Com- l)any, the Michigan Central Railroad Company, the Chicago and Northwestern Railway Company, and the Chicago, Burlington and Quincy Railroad Company, proprietors of said St. Charles Air Line, shall file their formal acceptance with the secretary of the South Park Commissioners; provided, however, that if said acceptance shall not be filed with the said secretary, as aforesaid, within sixty days from the passage of this ordinance, then this ordinance shall be void and of no effect. STEAM KAILKOAD.S. 303 AX ORDINANCE GRANTING PERMISSION TO ELEVATE THE TRACKS OF THE UNION STOCK YARD AND TRAN- SIT COMPANY OF CHICAGO AND THE CHICAGO JUNC- TION RAILROAD COMPANY ACROSS MICHIGAN AVE- NUE, GRAND BOULEVARD AND DREXEL BOULEVARD, IN THE CITY OF CHICAGO. [PASSED JUNE 17, 1903.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That subject to the conditions herein- after imposed, consent, authority and permission are herel)y granted to the Union Stocl< Yard and Tran- sit Company of Chicago, and the Chicago Junction Railroad Company, to elevate the plane of their tracks across Michigan avenue. Grand boulevard and Drexel boulevard, in accordance with the provisions and upon the conditions in this ordinance set forth. Sec. 2. The structure to be erected over and across said Michigan avenue and said Grand and Drexel Ijoulevards shall consist, each, of three (3) spans. The easterly end of the easterly spans and the westerly end of the westerly spans shall be supported upon stone or concrete abutments east of the east line and the west of the west line of said avenue and boule- vards, and the other ends of the other spans shall rest upon iron or steel columns located outside of the lines of the driveways of said avenue and boulevards at points indicated upon the plans hereto attached, which plans are made a part of this ordinance. The sur- face of the said avenue and boulevard driveways shall in no instance be depressed to exceed twelve (12) inches below the top of the rails of said companies as at present laid where it passes beneath said elevated structures to be constructed by the said companies, and the said driveways on either side of said struc- 304 STEAM RAILROADS. tures shall be reconstructed, wholly at the expense of said companies, for a distance of eight (8) feet in each direction from the outside of said elevated struc- tures for every inch of depression which is made be- low the present surface of the driveways beneath said elevated structures. The driveways shall pass be- neath said elevated structures at such grade that the minimum clearance or head-room of not less than thir- teen and one-half (13|) feet shall be maintained at all points between the roadways beneath said sub- ways and the over-head structures and so that the top of said driveway shall be at Michigan avenue, not less than eighteen and six one-hundredths (18.06) feet above City Datum; in Grrand boulevard, twenty- one and eighty-five hundredths (21,85) feet above City Datum, and in Drexel boulevard, eighteen and five- tenths (18.5) feet above City Datum, in the City of Chicago. The said companies shall, at their expense, construct such driveways, walks and curbing beneath said elevated structures in said avenue and boule- vards as are necessary to carry through said subway the uniform improvement of said avenue and boule- vards in accordance with the plans therefor attached and according to the South Park Commissioners' spe- cification for such work. Sec. 3. The structure to be erected over and across .said avenue and boulevards shall not exceed in Michi- gan avenue, forty-two (42) feet in width, at Grand boulevard, fifty-two (52) feet in width, and at Drexel l)oulevard fifty-three feet four and one-quarter inches (53' 4|") in width, and shall extend entirely over said avenue and boulevards from the east line thereof to the west line thereof. Said companies may place STEAM RAILROADS. 305 their tracks on said superstructure, but at Drexel boulevard and Grand boulevard the two (2) southern- most of said tracks shall be used exclusively for pas- senger trains. The said structures shall be painted bT said companies in such a manner and of such a color as indicated by the South Park Commissioners, and shall be repainted by said companies when necessary, at least once in three (3) years. Said structures, and no portion thereof, shall be used for storing or switch- ing 01 cars or locomotives, and said companies shall conform to any and all general ordinances of the South Park Commissioners now in force or hereafter adopted, and shall be subject at all times to all police powers vested in the South Park Commissioners. The floors of said elevated structures across said avenue and boulevards shall be fabricated in iron or steel and creosoted lumber, and shall be of a character tech- nically known and designated as "solid construction," so to be tightly floored over its entire length and width, and so coated with asphaltum as to be as nearly water tight as possible. The floors shall be ballasted so as to render same as noiseless as possible. The said ele- vated structures and floors thereof, ballasted and coated as aforesaid, shall at all times be maintained by said companies in good condition and repair. The said companies shall construct and maintain such sew- ers and outlets as may be necessary for the proper drainage of said elevated structures and the drive- ways beneath and connect same with the City sewers. All the work to be performed by said companies shall be done in accordance with the specifications therefoi" approved by the South Park Commissioners, and to the satisfaction of said Commissioners. 306 STEAM EATLKOADS. Sec. 4. Detail plans for said elevated structures, for the columns and for the stone or concrete ma- sonry for supporting the same, and all other work to be done by said companies in accordance with the pro- visions of this ordinance, shall be submitted to and approved by the South Park Commissioners, or by their superintendent, before any work shall be done under this ordinance, and such plans and specifica- tions, when so approved, shall be taken to constitute a part of this ordinance, and all work upon or in con- nection with any of the matters or things provided to be done under this ordinance shall be done and per- formed subject to the inspection and approval of the South Park Commissioners, but wholly at the expense of said companies. Sec. 5. If in the construction of said structures or the driveways, walks and planting spaces under said structures, it shall be necessary to change the lo- cation of any gas pipes, sewers or electric conduits, the same may be deflected from the position in which they are found as shall be directed by the South Park Commissioners, but all of said work shall be done by and at the expense of said companies. Sec. 6. Permission and authority are hereby given to said companies whenever the same shall be neces- sary in carrying on the work of elevating their tracks, as herein authorized, to erect and maintain a tem- porary structure or structures across said avenue and boulevards which shall be necessary or convenient to enable them to prepare for or to erect the permanent elevated structures herein provided for, subject to the a]iproval of the South Park Commissioners, but said work shall be done in such a manner that the STEAM RAILROADS. 307 driveway of said Michigan avenue shall not be en- tirely closed to the public for more than thirty (30) days, and that one of the driveways of said Grand boulevard or one of the driveways of said Drexel boulev^ard shall be open to the public at all times, and that neither of the driveways in Grand and Drexel boulevards shall be closed for more than thirty (30) days. And if, at any time, the said work shall not be prosecuted with reasonable speed or in a proper man- ner, then the South Park Commissioners reserve the right to remove any ol)structions and stop the said work and to take full possession and control of that portion of said avenue and boulevards notwithstand- ing this ordinance and any permit which may have been issued hereunder, and to place said portion of said avenue and boulevards in reasonable condition again, and in such case the said companies agree to refund to the South Park Commissioners any and all expenses which said South Park Commissioners may be at in doing said work. Sec. 7. It is hereby expressly provided that the works herein agreed to be done by said companies, when commenced, shall be prosecuted continuously to completion within twelve (12) months from the time of beginning the same, and that all work shall be com- pleted not later than the thirty-first day of December, 1906; and in case said work is not prosecuted and completed, the consent and authority hereby granted shall be null and of no effect. Sec. 8. The said companies, jointly and severall}^, agree by the acceptance of this ordinance to forever adequately light the said subways herein authorized to be constructed, by the placing in each of such sub- 308 STEAM RAILROADS. ways at least two (2) two-tliousaud candle power arc lamps, and operating the same between dusk and day- light each day. Sec. 9. The consent, permission and authority here- by given are upon conditions that the said companies, and each of them, their successors and assigns, jointly and severally, shall and will forever indemnify and save harmless the South Park Commissioners from and against any and all losses, damages, decrees and costs, attorney's fees and expenses for which the said South Park Commissioners may be liable or which may be recovered against said Commissioners by rea- son of or growing out of or resulting from the passage of this ordinance, or the construction, maintenance and use of said elevated structures or of any telegraph or signal device placed thereon by said companies or either of them, or by reason of the construction, main- tenance and operation of said elevated railway or the depression of said avenue and boulevards or ap- proaches thereto ; or in any way resulting from the passage of this ordinance, or from the exercise by said companies, or either of them, of any of the pow- ers, or privileges in this ordinance granted, or acts required to be performed; and if the said South Park Commissioners shall be required to defend any suits brought in any court, on account of the passage of this ordinance, or any of the acts done by said com- panies, or either of them, under the same, or if the said Commissioners shall be obliged to incur any costs or expenses in enforcing any of the provisions of this ordinance or in suing for or collecting any sum or sums expended hereunder, then said companies, and each of them, agree to pay said costs and expenses, STEAM KAILROADS. 309 and ill addition thereto a reasonable amount for at- torney's fees incurred by said South Park Commis- sioners in defending- or prosecuting said suit; it be- ing the intention of said companies not to waive, by the acceptance of this ordinance, any right or claim of said companies against the City of Chicago based upon any ordinance of the City or any contract be- tween the companies and the City. Sec. 10. The consent, authority and permission here- in granted to said companies is made conditional upon the performance by them, and each of them, their suc- cessors and assigns, of each and every agreement, ob- ligation and condition in this ordinance imposed upon said companies. And it is expressly agreed by said companies and each of them, that the deposit in the Chicago Post Office of a notice signed by the secretary or superintendent of the South Park Commissioners addrei^sed to the president of any of said companies, their successors or assigns at its principal office in Chicago, Illinois, shall be sufficient notice to each and every of said companies, their successors and assigns, in all cases in which notice to said companies is here- inbefore provided or required to be given by said South Park Commissioners or any officer or employe thereof. Sec. 11. This ordinance shall take effect and be in force as soon as the said companies shall file their formal acceptance with the secretary of the South Park Commissioners ; provided, however, if said ac- ceptance shall not be filed by each of said companies with the secretary of said Commissioners within four (4) months from the passage of this ordinance, shall be void and of no effect. 310 STEAM RAILROADS. ORDINANCE GRANTING PERMISSION TO THE PITTS- BURGH, CINCINNATI, CHICAGO & ST. LOUIS RAILWAY COMPANY, THE UNION STOCK YARD & TRANSIT COM- PANY OF CHICAGO, THE CHICAGO JUNCTION RAILWAY COMPANY, AND THE CHICAGO TERMINAL TRANSFER RAILROAD COMPANY, TO ELEVATE THE PLANE OF THEIR TRACKS ACROSS WESTERN AVENUE BOULE- VARD NEAR THIRTY-NINTH STREET. [PASSED JULY 1, 1903.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS : Section 1. That permission and authority are here- by granted to the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, the Union Stock Yard & Transit Company of Chicago, the Chicago Junction Railway Company, and the Chicago Terminal Transfer Railroad Company, to elevate the plane of their tracks across Western Avenue boulevard near Thirty-ninth street, UDon the conditions in this ordinance set forth, and according to the general plan hereto attached. Sec. 2. All changes necessary in water pipes, gas pipes and conduits of every description, and all work and material required in the construction and recon- struction of the walks and planting spaces, driveways, curbs, curb-walls, gutters, sewers, catchbasins, man- holes, and all other work and materials indicated on the plan hereto attached or necessary in the judgment of the South Park Commissioners, to reconstruct said boulevard from a line running one hundred (100) feet southwesterly from and parallel to the southerly face of the southerly structure to be erected by said com- panies to a line running across said boulevard one hun- dred (100) feet northeasterly from and parallel to the northerly face of the northerl}^ structure to be erected STEAM K^ILROADS. 311 by said companies in the manner described in this or- dinance and according to the grades, lines and dimen- sions indicated on said plan, shall be performed and furnished by said companies at their own expense. The detailed plans and specifications for the structural support of the railway tracks and of all the changes herein authorized or required in the construction and reconstruction of said boulevard, shall be made by said companies and presented for approval to the South Park Commissioners, and no work shall be done under or by virtue of this ordinance until the approval of said detailed plans and specifications is given in writing by said South Park Commissioners. Sec. 3. The nine (9) tracks to be elevated shall be placed upon two (2) structures to be erected over and across said boulevard by said companies, which struc- tures shall be located as shown on the general plan hereto attached, that is to say, the northerly structure, which is to support five (5) tracks onh^ shall be not to exceed sixty-four (64) feet in width, the northerh' face of which shall be a straight line from a point on the east line of said Western Avenue boulevard one hun- dred and seventy-five and sixty-three one-hundredths (175.63) feet south of the center line of Thirty-ninth street to a point on the Range line between Ranges thirteen (13) and fourteen (14) east of the third (3rd) Principal Meridian, two hundred and fifty-four (254) feet north of the center line of Thirt5^-nintli street, and the southerly structure, which is to support four (4) tracks only, shall be not to exceed fifty-three (53) feet in width, the southern face of which shall be a straight line from a point on the east line of said Western Avenue boulevard five hundred and forty-one and 312 STEAM RAILROADS. thirty-three one-hundredths (541.33) feet south of the center line of Thirty-ninth street to a point on the Range line between Ranges thirteen (13) and four- teen (14) east of the third (3rd) Principal Meridian, one hundred and twenty (120) feet south of the center line of Thirty-ninth street. Said structures shall con- sist of iron or steel girders supported on ornamental steel or iron colnmns of a design approved by the South Park Commissioners, located where indicated on the general plan attached hereto, except at the east line of Western Avenue boulevard, where the girders shall be supported upon a durable stone or concrete abutment constructed entirely east of the east line of said boulevard. The said structures shall be painted by said companies in such a manner and of such a color as indicated by the South Park Commissioners, and shall be repainted by said companies when neces- sary, at least once every three years, in such color as indicated by the South Park Commissioners. Said companies shall conform to any and all general ordi- nances of the South Park Commissioners now in force or hereafter adopted, and shall be subject at all times to all police powers vested in the South Park Com- missioners. The floors of said elevated structures across said boulevard shall be fabricated in iron or steel and creosoted lumber, and shall be of the character techni- cally designated and known as '^ solid construction," so as to be tightly floored over their entire length and width, and so coated with asphaltum as to be as nearly water-tight as possible. The said floors shall be bal- lasted so as to render same as noiseless as possible. The said elevated structures and floors thereof, bal- lasted and coated as aforesaid, shall at all times be STEAM EATLROADS. 313 maintained by said companies in good condition and repair and in a manner satisfactory to the said South Park Commissioners. Sec. 4. The park driveway, planting spaces and sidewalks (including such jDortion of Thirty-ninth street roadway and walks as lie between the east line of said Western Avenue boulevard and the east curb line of said Western Avenue roadway) shall be re- constructed from a line running across said boulevard one hundred (100) feet southwesterly from and paral- lel to the southerly face of the hereinbefore men- tioned southerly structure to a line running across said boulevard one hundred (100) feet northeasterly from and parallel to the northerly face of said north- erly structure, in accordance with the general plan hereto attached, under the direction and to the satis- faction of the said South Park Commissioners ; and said companies shall, at their own expense, place so much of the material excavated in making the changes in this ordinance required or permitted as may be de- sired by the Superintendent of said Commissioners at such points within the portion of said Western Ave- nue boulevard in this section described as said Super- intendent may direct, and the balance of said material shall be removed by said companies. Said driveway in Western Avenue boulevard and roadway in Thirty- ninth street shall pass beneath said elevated structure with a minimum clearance, or head-room, of not less than thirteen and five-tenth (13.5) feet at any point, and so that the top of said driveway and the roadway shall be ten and five-tenths (10.5) feet above the plane commonly known as City Datum in the City of Chicago, and the sidewalks and concrete floor in said 314 STEAM RAILROADS. subway shall be constructed so that a minimum clear- ance, or liead-room, is maintained at all points of not less than twelve and five-tenths (12.5) feet. Sec. 5. Permission and authority are hereby given to said companies whenever the same shall be neces- sary in carrying on the work of elevating the plane of their tracks, as herein authorized, to temporarily ob- struct said boulevard, or part thereof, in such manner and for such length of time as may be approved by the South Park Commissioners, but said work shall be done in such manner that both Western Avenue road- way and the park driveway shall not be closed to the public at the same time more than sixty (60) days. Said companies are hereby authorized, in the prose- cution of said work, to erect and maintain such tem- porary structure or structures across said boulevard, subject to the approval of the said South Park Com- missioners, as shall be necessary or convenient to en- able them to prepare for or to erect the permanent structures herein provided for. Sec. 6. It is hereby expressly provided that the work herein agreed to be done by said companies, when commenced, shall be prosecuted continuously to com- pletion within twelve (12) months from the time of beginning the same, and that all work shall be fully completed not later than the first day of August, A. I). 1904, and in case said work is not so prosecuted and completed, the consent and authority herel)y granted shall be null and void and of no effect. Sec. 7. All work and material required to prop- erly construct and reconstruct said Western Avenue boulevard (including such portion of Thirty-ninth STEAM RAILROADS. 315 .street roadway and walks as lie between the east line of said Western Avenue boulevard and tlie east curb line of said Western Avenue roadway) between a line running across said boulevard one hundred (100) feet southwesterly from and parallel to the southerly face of the aforesaid southerly structure and a line run- ning across said boulevard one hundred (100) feet northeasterly from and parallel to the northerly face of said northerly structure, as described in this ordi- nance and general plan hereto attached, whether spe- cifically described or not, shall be furnished by said companies at their own expense, as directed by the South Park Commissioners and to the entire satis- faction of said South Park Commissioners. Sec. 8. The said companies, jointly and severally, agree by the acceptance of this ordinance to forever adequately light the said subway herein authorized to be constructed by placing in said subway at least six two thousand candle power electric arc lamps, and operating the same between dark and daylight each day, Sec. 9. The said companies in consideration of be- ing permitted by the terms of this ordinance to change the location of the four (4) southerly tracks about thirty-three (33) feet southward from the position which they now occup)^, jointly and severally agree to forever waive any rights or alleged rights upon rights of way which they or either of them may have on which to lay additional tracks across said AYestern Avenue boulevard near Thirty-ninth street and to for- ever maintain the space between said two structures across the entire width of said boulevard open to light and air. 316 STEAM EATLROADS, Sec. 10. Tlie consent, permission and antliority- hereby given are upon the condition that the said com- panies, and each of them, their successors and as- signs, jointly and severally, shall and will forever in- demnify and save harmless the South Park Commis- sioners from and against any and all losses, damages, judgments, decrees and costs, attorneys' fees and ex- penses for which the said South Park Commissioners may be liable or which may be recovered against said Commissioners by reason of or growing out of or re- sulting from the passage of this ordinance, or the con- struction, maintenance and use of said elevated struc- tures or of any telegraph or signal device placed there- on by said companies, or either of them, or by reason of the construction, maintenance and operation of said elevated railway or the depression of said boulevard or approaches thereto ; or in any way resulting from the passage of this ordinance, or from the exercise by said companies, or either of them, of any of the powers or privileg&s in this ordinance granted, or acts required to be performed ; and if the South Park Commissioners shall be required to defend any suits brought in any court on account of the passage of this ordinance or any of the acts done by said companies, or either of them, under the same, or if the said Com- missioners shall be obliged to incur any costs or ex- penses in enforcing any of the provisions of this ordi- nance, or in suing for or collecting any simi or sums expended hereunder, then said companies, and each of them agree to pay said costs and expenses and in addition thereto a reasonable amount for attorneys' fees incurred by said South Park Commissioners in defending or prosecuting said suit, it being the in- STEAM EAILEOADS. 317 tention of said companies not to waive, by the accept- ance of this ordinance, any right or claim of said com- panies against the City of Chicago based upon any ordinance of the City of Chicago or any contract be- tween the companies and the City. Sec. 11. The consent , authority and permission herein granted to said companies is made conditional upon the performance by them and each of them, their successors and assigns, of each and every agreement, obligation and condition in this ordinance imposed upon said companies. And it is expressly agreed by said companies and each of them, that the deposit in the Chicago Post Office of a notice signed by the sec- retary or superintendent of said South Park Commis- sioners addressed to the president of any one of said companies, their successors or assigns, at its principal office in Chicago, Illinois, shall be sufficient notice to each and every of said companies, their successors and assigns, in all oases in which notice to such companies is hereinbefore provided for or required to be given by said South Park Commissioners or an}^ officer or emjDloye thereof. Sec. 12. This ordinance shall take effect and be in force as soon as the said companies shall file their formal acceptance with the secretary of the South Park Commissioners, provided, however, if said ac- ceptance shall not be filed by each of said companies Avith the secretary of said Commissioners within two months from the passage of this ordinance, this ordi- nance shall be void and of no effect. 318 STEAM RAILKOADS. AN ORDINANCE, GRANTING PERMISSION TO THE CHI- CAGO & WESTERN INDIANA RAILROAD COMPANY TO ELEVATE THE PLANE OF ITS TRACKS ACROSS GAR- FIELD BOULEVARD AT WALLACE STREET. [PASSED MAY 10, 1905.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority are hereby granted to the Chicago Western Indiana Kailroad Company to elevate the plane of its tracks across Garfield boulevard upon the conditions in this ordinance set forth and according to the general plan hereto attached. Sec. 2. All changes necessary in water pipes, gas pipes and conduits of every description and all work and material required in the construction and recon- struction of the driveways, walks, curbs, curb walls, gutters, sewers, catch-basins, man-holes and planting spaces and the concrete floor under the structure to be erected by said company, and all other work and materials indicated on the plan attached hereto or necessary to construct and reconstruct said Garfield boulevard from a North and South line crossing said boulevard three hundred and sixty (360) feet East of the West line of Wallace street to the North and South line crossing said boulevard two hundred and fifty- two (252) feet West of the West line of Wal- lace street, in the manner described in this ordinance and according to the grades, lines and dimensions indicated on said plan whether spe- cifically described or not; shall be performed and furnished by said company at its expense under the direction of and to the satisfaction of the STEAM RAILROADS. 319 South Park Commissioners. The detailed phms and specifications for the structural support of the rail- way tracks and of all the changes herein authorized or required in the construction and reconstruction of said Garfield boulevard herein provided for shall be made by the said Company and presented for approval to the South Park Commissioners, and no work shall be done under or by virtue of this ordinance until the approval of said detailed plans and specifications is given in writing by said South Park Commissioners. Sec. 3. The structure to be erected over and across said boulevard shall consist of three (3) spans of sixty-seven (67) feet each. The North end of the Northerly span and the South end of the Southerly span shall be supported on stone or concrete abut- ments placed North of the North line and South of the South line respectively of said Garfield boulevard, and the Central span and the South end of the North span and the North end of the South span shall be supported upon iron or steel columns placed as indi- cated upon the general plan attached to this ordinance and shall be of a form and character approved by the South Park Commissioners. The said structure shall be of iron or steel and shall be at the South line of said boulevard not to exceed one hundred and thirty-nine and one-third (139 1-3) feet in extreme width, and shall regularly and uni- formly widen to not more than one hundred and forty-three and one-third (143 1-3) feet at the North line of said boulevard, the West face of said structure being twenty-three (23) feet East of and parallel to the West line of Wallace street produced from the 320 STEAM EAILROADS. North across said boulevard. There shall be an open- ing through said structure extending from the North line of said boulevard to the South line of said boule- vard of thirteen (13) feet in width in the clear, which opening is not to be closed up without an order so to do by the said Commissioners. Should said Commis- sioners order said opening closed, said company shall, at its own expense and within sixty (60) days from receipt of notice, close said space with a floor of the same character and description as that hereinafter provided for the floor of the remainder of said ele- vated structure across said boulevard, and said space shall not be occupied by any railroad track. Upon said structure shall be placed not more than eight (8) tracks as indicated upon the general i^lan attached hereto. Said structure shall be painted by said com- pany in such a manner and of such a color as indicated by the South Park Commissioners and shall be re- painted by said company when necessary at least once every three (3) years, in such color as indicated by said Commissioners. Np switch, switch-block or mechanical device of any sort shall be placed on said structure. Neither shall said structure nor any por- tion thereof be used for the storage of cars, and said company shall conform to any and all general ordi- nances of said South Park Commissioners now in force or hereafter adopted, and shall be subject at all times to all police powers vested in the South Park Commissioners. The floor of said elevated structure across said boulevard shall be fabricated in iron or steel and creosoted lumber and shall be of the char- acter technically designated and known as ''solid con- struction" so as to be tightly floored over its entire STEAM RAILROADS. 321 length and width and so coated with asphaltum as to be as nearly water tight as possible and so ballasted as to be as nearly noiseless as possible. The said ele- vated structure and floor thereof shall at all times be maintained by said company in good condition and repair and in a manner satisfactory to the said South Park Commissioners. Sec. 4. The driveways of said boulevard shall pass beneath said elevated structure with a minimum clear- ance or head-room of not less than thirteen and one- half (13^) feet at any point between said driveways and the overhead structure, and so that the top of said driveways beneath said elevated structure shall be fourteen and one hundred and seventy-five one-thou- sandths (14 175/1000) feet above the plane commonlj^ known as "City Datum," in the City of Chicago, and the sidewalks and concrete floor shall be constructed so that a minimum clearance or head-room is main- tained at all points of not less than thirteen (13) feet between the highest point of sidewalks and the lowest point of said overhead structure. Sec. 5. Permission and authority are hereby given to said company, whenever the same shall be neces- sary in carrying on the work of elevating the plane of its tracks as herein authorized, to temporarily ob- struct said boulevard or part thereof in such manner and for such length of time as may be approved by the South Park Commissioners, but said work shall be done in such manner that both driveways of Garfield boulevard shall not be closed to the public at the same time except for one period of not to exceed ten (10) days. Said company is hereby authorized in the 322 STEAM RAILROADS. prosecution of said work to erect and maintain such temporary structure or structures crossing said boule- vard as shall be necessary or convenient to enable it to iDrepare for or to erect the permanent structure herein provided for, subject to the approval of the South Park Commissioners. Sec. 6. It is hereby expressly provided that the work herein agreed to be done by said company when commenced shall be prosecuted continuously to com- pletion within eight (8) months from the time be- ginning the same and that all of such work shall be fully completed not later than the first day of Feb- ruary, A. D, 1906, and in case said work is not so done, the consent and authority hereby granted shall be null and void and of no effect. Sec. 7. The said company agrees by the acceptance of this ordinance to forever adequately light the said' subway herein authorized to be constructed by placing in said subway at least six (6) 2,000 candle power elec- tric arc lamps and operating the same between dark and daylight each day. Sec. 8. The said Company agrees by the acceptance of this ordinance that it, its lessees, assignees or suc- cessors, will not place or permit any railroad track or 1 racks upon any property which it or they may now own or hereafter acquire or control between the South line of Garfield boulevard and a line running parallel thereto and two hundred and ninety-five (295) feet South thereof for a distance of one quarter {^) of a mile both East and West of said elevated structure and between the North line of Garfield boulevard and a line nmning parallel thereto, and two hundred and STEAM RAILROADS. 323 sixty -five and seven-tenths (265.7) feet North thereof for a distance of one-quarter (^) of a mile West of sjiid elevated structure, and between the North line of Garfield boulevard and a line running parallel thereto and two hundred and sixty-five and seven- tentlis (265.7) feet North thereof for a distance of one-quarter (:|) of a mile East of a line starting from a point on the North line of Garfield boulevard one hundred and sixty-three and one-third (163 1-3) feet East of the West line of Wallace street and running thence Northeasterly on a curve to a point two hun- dred and sixty-five and seven-tenths (265.7) feet North of the North line of Garfield boulevard and two hundred and eighteen and eight-tenths (218.8) feet East of the West line of Wallace street. Sec, 9. The consent, permission and authority here- by given are upon the condition that said company, its successors and assigns, jointly and severally, shall and will forever indemnify and save harmless the South Park Commissioners from and against any and all losses, damages, judgments, decrees and costs, at- torney's fees and expenses for which the said South Park Commissioners may be liable or which may be recovered against said Commissioners by reason of or growing out of or resulting from the passage of this ordinance, or the construction, maintenance and use of said elevated structure or of any telegraph or sig- nal wire or rod placed thereon by said company, or by reason of the construction, maintenance and oper- ation of said elevated railway; or in any manner re- sulting from the passage of this ordinance or from the exercise by said company of any of the powers 324 STEAM RAILROADS. or privileges in tliis ordinance granted or acts re- quired to be performed; and if the South Park Com- missioners shall he required to defend any suit brought in any court on account of the passage of this ordi- nance or any of the acts done by said company, under the same, or if the said Commissioners shall be obliged to incur any costs or expenses in enforcing any of the provisions of this ordinance or in suing for or collecting any sum or sums expended hereunder, then said company, its successors or assigns, shall pay said costs and expenses and in addition thereto a reasonable amount for attorney's fees incurred by said South Park Commissioners in defending or prose- cuting said suit, it being the intention of said com- pany not to waive, by the acceptance of this ordinance, any right or claim, of said company against the City of Chicago based upon any ordinance of the City of Chicago or any contract between the company and the City. Sec. 10. The consent, authority and permission herein granted to said company is made conditional upon the performance by it, its successors and assigns, of each and every agreement, obligation and condi- tion in this ordinance imposed upon said company. And it is expressly agreed by said company, that the deposit in the Chicago Post Office of a notice signed by the Secretary or Superintendent of said South Park Commissioners addressed to the president of said company, its successors or assigns, at its prin- cipal office in Chicago, Illinois, shall be sufficient no- tice to said company, its successors and assigns, in all cases in which notice to such company is herein- STEAM RAILROADS. 325 before ]n-ovided for or re(iiiired to be given by said Soutli Park Commissioners or any officer or employe thereof. Sec. 11. This ordinance shall take effect and be ill force as soon as the said company shall file its formal acceptance with the Secretary of the South Park Commissioners, provided, however, if said ac- ceptance shall not be filed by said company with the secretary of said Commissioners within two months from the passage of this ordinance, this ordinance shall be void and of no effect. ORDINANCE GRANTING PERMISSION TO THE GRAND TRUNK WESTERN RAILWAY COMPANY AND THE INDI- ANA HARBOR RAILROAD COMPANY TO ELEVATE THE PLANE OF THEIR TRACKS ACROSS WESTERN AVENUE BOULEVARD NEAR 49TH STREET. [PASSED APRIL 2.5, 190G.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority^ are here- by granted to the Grand Trunk Western Railway Company and the Indiana Harbor Railroad Company to elevate the plane of their tracks across Western Avenue boulevard upon the conditions in this ordi- nance set forth and according to the general plan hereto attached and made a part of this ordinance. Sec. 2. All changes necessary in water pipes, gas pipes and conduits of every description, and all work and material required in the construction and recon- struction of the driveways, walks, curbs, curb walls, gutters, sewers, catch basins, man holes, water pipes, and planting spaces, and the concrete floor under the 326 STEAM RAILROADS. structure to be erected by said companies and all other work and materials indicated on the plan at- tached hereto, or necessary to construct and recon- struct said Western Avenue boulevard from an east and west line across said Western Avenue boulevard two hundred and twenty- three (223) feet North of the North line of Forty-ninth street as platted, east of and adjoining Western Avenue boulevard, to an east and west line crossing said boulevard five hundred and twenty-two (522) feet south of the north line of Forty- ninth street, as platted, east of and adjoining Western Avenue boulevard, in the manner described in this ordinance and according to the grades, lines and di- mensions indicated on said plans and in accordance with specifications tlierefor to be furnished by the South Park Commissioners, shall be performed and furnished by said com])anies at their expense under the direction of and to the satisfaction of the South Park Commissioners, The detailed plans and specifi- cations for the structural support of the railway tracks and of all the changes herein authorized or required in the construction and reconstruction of said Western Avenue boulevard herein provided for shall be made by said companies and presented for approval to the South Park Commissioners, and no work shall be done under or by virtue of tliis ordinance until the approval of said detailed plans and specifications is given in writing by said South Park Commissioners. Sec. 3. The structure to be erected over and across said boulevard shall consist of four (4) spans, as in- dicated on the general plan attached to this ordinance. The east end of the easterly span shall be supported STEAM RAILROADS. 327 on a stone or concrete abutment placed east of and adjoining the east line of said Western Avenue boule- vard; and the other spans shall be supported upon iron or steel columns placed as indicated upon the general plan attached to this ordinance, and shall be of a form and character approved by the South Park Commissioners. The said structure shall be of iron or steel and shall be not to exceed eighty- three (83) feet in width, the north face of said structure to be on an east and west line crossing said boulevard sev- enty-three (73) feet south of the north line of Forty- ninth street as laid out east of and adjoining Western Avenue boulevard. There shall be no opening through said structure. Upon said structure shall be placed not more than six (6) tracks, as indicated upon the general plan attached hereto. Said structure shall be painted by said companies in such manner and of such color as indicated by the South Park Commissioners and shall be repainted by said companies when neces- sary, at least once in every three (3) years, in such color as indicated by the South Park Commissioners. No switch, switch-block or mechanical device of any sort shall be placed on said structure. Neither shall said structure nor any portion thereof be used for the storage of cars, and said companies shall conform to any and all general ordinances of said South Park Commissioners now in force or hereafter adopted, and shall be subject at all times to all the police powers vested in the South Park Commissioners. The floor of said elevated structure across said Western Ave- nue boulevard shall be fabricated in iron or steel with creosoted lumber or concrete or some other method of construction approved by the South Park Commis- 328 STEAM RAILROADS. sioiiers, and shall be of the character technically desig- nated and known as "solid construction" so as to be tightly floored over its entire length and width and so coated with asphaltum as to be water tight and so ballasted as to be as nearly noiseless as possible. The said elevated structure and floor thereof shall at all times be maintained by said companies in good condi- tion and repair and in a manner satisfactory to the South Park Commissioners. Sec. 4. The driveways of said Western Avenue boulevard shall pass beneath said elevated structure with a minimum clearance or head room of not less than thirteen and one-half (13^) feet at any point be- tween said driveways and the overhead structure, and so that the top of said driveways beneath said ele- vated structure shall be thirteen and three-tenths (13.3) feet above the j^lane commonly known as the ''City Datum" in the City of Chicago; and the side- walks and concrete floor shall be constructed so that a minimum clearance or head room is maintained at all points of not less than twelve and eight-tenths (12.8) feet between the highest point of said walks and con- crete floors and the lowest point of said overhead structure. Sec. 5. Permission and authority are hereby given to said companies whenever the same shall be neces- sary in carrying on the work of elevating the plane of their tracks as herein authorized, to temporarily obstruct said boulevard or part thereof in such man- ner and for such lengths of time as may be approved by the South Park Commissioners, but said work shall be done in such a manner that the boulevard drive- STEAM RAILROADS. 329 way of said Western Avenue boulevard shall not be entirely closed to the public for a period of more than ten (10) days. Said companies are hereby authorized in the prosecution of said work to erect and maintain such temporary structure or structures crossing said boulevard as shall be necessary or convenient to en- able them to prepare for or erect the permanent struc- ture herein provided for, subject to the approval of the South Park Commissioners. Sec. C. It is hereby provided that the work herein agreed to be done by said companies, when com- menced, shall be prosecuted continuously to comple- tion and shall be fully completed not later than the 1st day of September, A. D. 1907 ; and in case said work is not so done, the consent and authority hereby granted shall be null and void and of no effect. Sec. 7. The said companies and each of them agree by the acceptance of this ordinance to forever ade- quately light the said subway herein authorized to be constructed by placing in said subway at least four (4) 2000 candle power electric arc lamps, and oper- ating the same from dark until daylight each day. Sec. 8. The said companies and each of them agree by the acceptance of this ordinance that they, their lessees, assigns or successors, will not place or permit any railroad track or tracks upon any property which they or either of them may now own or may hereafter acquire or control, either north of the north line or south of the south line of the aforesaid elevated struc- ture, lying between the east line of "Western Avenue boulevard and a line parallel thereto and three hun- dred (300) feet east thereof, and between the west line 330 STEAM RAILROADS. of Western Avenue boulevard and a line parallel thereto and three hundred (300) feet west thereof. Sec. 9. The said companies and each of them agree by the acceptance of this ordinance that should the said structure, in the opinion of the South Park Com- missioners, be, or become, unsafe, defective or faulty in any particular, they will from time to time make such changes and alterations in said structure as said South Park Commissioners may direct in order to remedy any such fault or defect. Sec. 10. The consent, permission and authority here- by given are upon the condition that the said com- panies and each of them, their successors and as- signs, jointh^ and severally, shall and will forever in- demnify and save harmless the South Park Commis- sioners from and against any and all losses, damages, judgments, decrees and costs, attorneys' fees and ex- penses for which the South Park Commissioners may be liable or which may be recovered against said Com- missioners by reason of or growing out of or result- ing from the passage of this ordinance, or the con- struction, maintenance and use of said elevated struc- ture, or of any telegraph or signal wire, rod or de- vice placed thereon by said companies or either of them, and by reason of the construction, maintenance and operation of said elevated railways or in any manner resulting from the passage of this ordinance, or from the exercise by said companies or either of them of any of the powers or privileges in this ordi- nance granted, or acts required to be performed; and if the South Park Commissioners shall be required to defend any suit brought in any court on account of the passage of this ordinance or any of the acts done STEAM RAILROADS, 331 ))y said companies or eitlier of them under the same, or if the said (Commissioners shall be obliged to in- cur any costs or expenses in enforcing any of the pro- visions of this ordinance or in suing for or collecting any sum or sums expended hereunder; then said com- ])anies, and each of them, their successors and assigns, shall ]>ay said costs and expenses and in addition there- to a reasonable amount for attorney's fees incurred i)y said South Park Commissioners in defending or prosecuting said suit, or suits, it being the intention of said companies not to waive, by the acceptance of this ordinance, any right or claim of said companies against the City of Chicago based upon any ordinance of the City of Chicago or any contract between said companies and said City. Sec. 11. The consent, authority and permission here- in granted to said companies is made conditional upon the performance by them, and each of them, their suc- cessors and assigns, of each and every agreement, ol)- ligation and condition in this ordinance imposed upon said companies. And it is expressly agreed by said companies, and each of them, that the deposit in the Chicago Post Office of a notice signed by the secretary or superintendent of said South Park Commissioners, addressed to the president of either of said com- panies, its successors or assigns, at its office in Chi- cago, Illinois, shall be sufficient notice to each of said companies, its successors and assigns in all cases in which notices to said companies is herein provided for or required to be given by said South Park Com- missioners or any officer or employe thereof. Sec. 12. This ordinance shall take effect and be in 332 STEAM RAILROADS. force as soon as the said companies shall file their formal acceptance with the secretary of the South Park Commissioners, provided, however, if said acceptance shall not be filed by each of said companies with the secretary of said Sonth Park Commissioners within two (2) months from the passage of this ordinance, this ordinance shall be void and of no effect. AN ORDINANCE GRANTING PERMISSION TO THE UNION STOCK YARD AND TRANSIT COMPANY OF CHICAGO AND THE CHICAGO JUNCTION RAILROAD COMPANY TO ERECT A STRUCTURE OVER AND ACROSS MICHIGAN AVENUE ONE AND SIX HUNDRED EIGHTY-FIVE THOU- SANDTHS (1.685) FEET FURTHER NORTH THAN SHOWN ON THE PLAN FOR SAID STRUCTURE, WHICH IS AT- TACHED TO AND IS A PART OF AN ORDINANCE EN- TITLED, "ORDINANCE GRANTING PERMISSION TO ELE- VATE THE TRACKS OF THE UNION STOCK YARD AND TRANSIT COMPANY OF CHICAGO AND THE CHICAGO JUNCTION RAILROAD COMPANY ACROSS MICHIGAN AVENUE, GRAND BOULEVARD AND DREXEL BOULE- VARD IN THE CITY OF CHICAGO." [PASSED JULY 9, 1907.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS : Section 1. That subject to the conditions imposed in and by a certain ordinance entitled, '^ Ordinance granting permission to elevate the tracks of the Union Stock Yard and Transit Company of Chicago and the Chicago Junction Eailroad Company across Michigan avenue, Grand boulevard and Drexel boulevard in the City of Chicago," adopted on the 17th day of June, A. D. 1903, consent, authority and permission are hereby granted to the Union Stock Yard and Transit Company of Chicago and the Chicago Junction Kail- road Company to erect and maintain the elevated STEAM RAILROADS. 333 structure over and across Michigan avenue, which is fully described in said ordinance adopted June 17th, 1903, one and six hundred eighty-five thousandths (1.685) feet further north than is shown on the plat of said structure attached to and made a part of said ordinance of June 17th, 1903. Sec. 2. This ordinance shall take effect and be in force as soon as the said companies shall file their formal acceptance with the Secretary of the Soutli Park Commissioners; provided, however, if said ac- ceptance shall not be filed by each of said companies with the Secretary of said Commissioners within four months from the passage of this ordinance, then this ordinance shall be void and of no effect. GRANT PARK. CITY OF CHICAGO ORDINANCE CONCERN [NG THE LAKE FRONT SETTLEMENT AND GRANTING CERTAIN PRIVI- LEGES TO THE ILLINOIS CENTRAL RAILROAD COMPANY. [PASSED OCTOBER 21, 1895.] Whereas, It was decided and adjudged in and by the final decree of the Circuit Court of the United States for the Nortliern District of Illinois, entered September 24, 1888, in the original suit of The People of the State of Illinois, upon the relation of the At- torney General of said State, complainants, against the Illinois Central Railroad C^ompany and the City of Chicago, defendants, and the cross suit of the City of Chicago, complainant, against the Illinois Central Railroad Company and The People of the State of Illinois, defendants, — which decree was afterwards, in this respect, affiniied on appeal by the Supreme Court of the United States, — that (saving the rights of the Illinois Central Railroad Company defined in the said decree) the fee of all the public grounds in the City of Chicago lying east of Michigan avenue and between the north line of Randolph street ex- tended to Lake Michigan and the north line of Block twenty-three, extended to the lake, in fractional sec- tion fifteen addition to Chicago, including the grounds upon which rest the tracks and l)reakwater constructed by the Illinois Central Railroad Company, is in the City of Chicago in trust foi- public use; and that the City of Chicago, as riparian owner of said grounds on the east or Lake Front of said city, between the north (334) GRANT PARK. 335 line of Randolph street and the north line of said Block twenty-three, each of said lines being produced to Lake Michigan, and in virtue of authority to that end conferred by its charter, has, among other powers, the power to esta)>lish, construct, erect and keep in re- pair on said Lake Front east of said premises, in such manner as may be consistent with law, })n])lic landing places, wharves, docks and levees, subject, however, in the execution of this power, to the au- thority of the state by legislation to prescribe the lines beyond which piers, docks, wharves and other structures other tiian those erected by the General Government, may not be extended into the waters of the harbor that are navigable in fact, and to such supervision and control as the United States may rightfully exercise in and over said liarlx)!-; and Whereas, The public interests imperatively require that the power thus vested in the City of Chicago should not be exercised, and permission has been ob- tained from the Secretary of War, according to the foi-m of the statute of the United States in such case made and provided, to fill in a portion of the outer har- bor at CUiicago, as far out as the harbor line estab- lished by the Secretary of War September 28, 1890, upon the following conditions : 1. That there shall l)e constructed along the dock line, entirely closing the area to be filled, before any deposit whatever may be made, a substantial and tight bulkhead or retaining wall, extending not less than six feet above extreme low water in Lake Michigan, so constructed that it shall allow dredging to a depth of twenty (20) feet against it, and shall be of suf- dob GRANT PAEK. ficient mass to act as a retaining wall against a back filling reaching to its top. 2. That not more than two openings, one hundred feet in width each, shall be temporarily left in this retaining wall or bulkhead for the passage of craft transporting the material for filling or deposit, which openings shall be closed upon notification by the Sec- retary of War. 3. That the plans of such bulkhead or retaining wall shall be submitted to and receive the approval of the Secretary of War, and the structure be built in ac- cordance with such approved designs. 4. That the work so permitted to be done shall be subject to the supervision and approval of the Engi- neer Officer of the United States Army in charge of the locality; and Whereas, It is necessary to the successful prosecu- tion of the said work and to secure safe and con- venient access and egress to and from the grounds proposed to be filled and reclaimed, lying east of the Illinois Central Railroad, that an amicable arrange- p^ent and agreement be made by and between the City of Chicago and the Illinois Central Railroad Company; and Whereas, The Common Council of the City of Chi- cago and the Illinois Central Railroad Company en- tered into a contract, bearing date March 28, 1853, which was duly executed under their respective seals, by which, among other things, the City of Chicago, for valuable considerations, covenanted and agreed that said railroad company might "enter upon and use in perpetuity for its said line of road, and for works GRANT PARK. 337 necessary to protect the same from the lake, a widtli of three hundred feet from the southern boundary of said public ground, near Twelfth street, to the north- ern line of Randolph street," only a part of which has been occupied by said company; and it is claimed by said railroad company that the City of Chicago is bound in good faith to carry out said covenant by giving the license mentioned in the decree of the court in the suit above referred to, which shall au- thorize said company to occupy the whole of said 300 foot strip; and Whereas, The parties to said contract will each be better accommodated by an arrangement permitting the said railroad company to approj^riate and occupy for railroad purposes certain parcels of ground at each end of the said three hundred foot strip, instead of the full width of said strip throughout the entire- length thereof; and Whereas, It is understood that the Illinois Central Eailroad Company is willing, for the considerations and on the terms and conditions hereinafter set forth, to comply with the provisions of this ordinance, so far as they relate to any matters or things required of, or to be undertaken, done or performed by said com- pam^ ; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO : Section ]. That for the pui'pose of providing suit- able public landing places for steam vessels and other craft employed in navigation on Lake Michigan, the luiblic grounds of the City of Chicago, known as Lake Park, lying east of Michigan avenue and between the 66b GKANT PARK. south line of Eandolph street and the north line of Lake Park place (formerly known as Park Row) shall be extended east of the tracks and grounds of the Illinois Central Eailroad Company, by enclosing and filling all that space in the shallow waters of Lake Michigan within the Outer Harbor, so called, included within the following boundary lines, to-wit : The south line of Kandolph street produced, on the north; the Harbor Line established by the Secretary of War September 22, 1890, on the east; the south line of Lake Park place, produced, on the south, and the present westerly shore line of the said Outer Harbor, on the west. Sec. 2. Permission and authority are hereby granted to the said Illinois Central Railroad Company to enter upon and use in perpetuity for railroad purposes all that part of the land to be filled and reclaimed, as provided in the preceding section, which lies between its present works and grounds on the Lake Shore and the following described line, that is to say: A line drawn from a point on the present shore or dock line seventy (70) feet north of the north line of Adams street produced east, and six hundred (600) feet east of the west line of Michigan avenue, extending thence northeasterly, on a six degree (6°) curve to the right about five hundred and twenty-five (525) feet, to a point seven hundred and fifty-one (751) feet east of the west line of Michigan avenue; thence, on a tan- gent making an angle of thirty-one degrees and thirty minutes (31° 30') with a line parallel to the west line of Michigan avenue, nine hundred and three (903) feet, to a point twelve hundred and thirty (1230) feet east of the west line of Michigan avenue; GEANT PARK. ^^■^ 'thence on a six degree (6 ) curve to the right about five hundred and fifty (550) feet to a point in the pres- ent dock line on or near the soutli line of Randolph street produced, sixteen Imndred and twenty (1620) feet east of the west line of Michigan avenue. Pro- vided, however, that the said railroad company shall either pay to the city the cost of filling the said par- cel of land or shall do the work of filling at its own expense. Sec. 3. Peraiission and authority are also hereby granted to the said Illinois Central Railroad Com- pany to enter upon and use in perpetuity for railroad purposes all that part of the land to be filled and re- clahned as provided in the first section of this ordi- nance, which lies between its present works and grounds on the lake shore and the following described Une, that is to say: A line drawn from a point on the present shore or dock line seventy-four (74) feet north of the north line of Eldredge court produced east and six hundred (600) feet east of the west line of Michigan avenue, extending thence southeasterly, on a four degree (4^^) curve to the left, about two hun- dred and fifty (250) feet, to a point six hundred and twenty-two (622) feet east of the west line of Mich- igan avenue; thence, on a tangent to the last men- tioned curve making an angle of ten degrees (10°) with a line parallel to the west line of Michigan ave- nue, about seven hundred and ninety (790) feet to a point in the south line of Lake Park place, produced easterly, seven hundred and sixty-one (761) feet east of the west line of Michigan avenue; Provided, how- ever, that the said railroad company shall either pay 340 GRANT PARK. to the city the cost of filling the said parcel of land or shall do the work of filling at its own expense. Sec. 4. Permission and authority are also hereby granted to the said Illinois Central Railroad Company to enter upon, fill in, appropriate and use in perpetuity for railroad purposes all that certain parcel of land now covered by the shallow waters of the lake within the said outer harbor, which lies between the pres- ent shore line and the following described line, to-wit : A straight line drawn from a point in the south line of Lake Park place, produced easterly, seven hundred and sixty-one (761) feet east of the west line of Mich- igan avenue, extending thence southeasterly, making an angle of forty-five degrees (45°) with a line parallel to the west line of Michigan avenue, about seven hun- dred and seventy (770) feet, to a point in the north line of the Illinois Central Railroad Company's Thir- teenth street pier, thirteen hundred and twenty (1320) feet east of the west line of Michigan avenue; provided, however, that the work of filling the said parcel of land shall be done by the said railroad com- pany at its own expense. Sec. 5. The permission, rights and authority herein granted to the said Illinois Central Railroad Company, are upon the express conditions following, that is to say: 1. The said railroad company shall, at its own ex- pense, cause that section of its roadbed lying between the following described east and west lines, namely, a line two lumdred (200) feet north of the north line of Peck court projected east and parallel thereto, and the north line of Monroe street projected east, to be GRANT PARK, 341 depressed in siicli manner that the base of the rails of the west and east tracks laid thereon shall not ex- ceed in elevation six (6) feet above Chicago City datum; and the space l)etween these two tracks shall be crowned sufficiently to aiford proper drainage, but the base of the rails of the intermediate tracks there laid shall not exceed in elevation seven (7) feet above Chicago city datum. North and south of the two lines above described, the roadbed shall be so de- pressed and adjusted that the tracks laid thereon may l)e connected by suitable gradients with the tracks laid or to he laid north of the south line of Randolph street projected east, and south of the north line of Lake Park place projected east, 2, The said railroad company shall, at its own ex- pense, cause two retaining walls to be constructed of mason work, one on the west side, and the other on the east side, of its roadway and grounds between Ean- dolph street and Lake Park place, with suitable par- apet walls or fences thereon, as may be approved or directed by the Commissioner of Public Works of said city, to guard the public from danger — the walls to be so placed that the east face of the retaining wall on the west side of the said railroad company's right of way shall be on a straight line extending northerly from a point in the north line of Lake Park place, four hundred (400) feet east of the west line of Michigan avenue, parallel to said avenue, to a point two hun- dred feet south of the south line of Randolph street extended, thence northwesterly in a straight line to a point in the north line of Randolph street one hun- dred (100) feet west of the line first above described extended northerly to the north line of Randolph 342 GRANT PARK. street extended ; and the west face of the east retaining wall shall be on the following described line: Com- mencing at a iDoint in the south line of Lake Park place projected east, seven hundred and sixty-one (761) feet east of the west line of Michigan avenue, extend- ing thence northwesterly in a straight line seven hun- dred and ninety (790) feet to a point six hundred and twenty-two (622) feet east of the west line of Michi- gan avenue; thence on a four degree (4°) curve to the right, to a point seventy-four (74) feet north of the north line of Eldredge court produced east and six hundred (600) feet east of the west line of Michigan avenue; thence on a straight line six hundred (600) feet east of the west line of Michigan avenue and par- allel thereto, to a point seventy (70) feet north of the north line of Adams street produced east; thence on a six degree (6) curve to the right, about five hundred and twenty-five (525) feet, to a point seven hundred and fifty-one (751) feet east of the west line of Michigan avenue; thence on a tangent, mak- ing an angle of thirty-one degrees and thirty min- utes (31° 30') with a line parallel to Michigan avenue, nine hundred and three (903) feet, to a point twelve hundred and thirty (1230) feet east of the west line of Michigan avenue; thence on a six degree (6°) curve to the right to its intersection with the north line of Randolph street, extended. The said walls shall be raised to an elevation of twenty-two feet above Chi- cago city datum, and shall be of sufficient strength and solidity to serve permanently the purpose for which they are to be erected. 3. The said railroad company shall at its own ex- pense cause viadncts to be constructed across its GRANT PARK. o-io tracks and right of way in line with, the projection eastward of not more than four streets between Ean- dolph street and Lake Park place, to be designated by the city; — each of said viaducts to have a carriage-way and two foot-ways. It shall also, whenever directed so to do by the Commissioner of Public Works of said city, cause a foot-way to be constructed at its own expense across its tracks and right of way, in the line of any other street or streets between Eandolph street and Lake Park place. The superstructure of each of said viaducts and foot-ways shall be of metal, and the lowest point of such superstructure shall not be less than sixteen (16) feet in the clear above the rail- road tracks. 4. The said railroad company shall also, at its own expense, cause the Eandolph street viaduct to be al- tered and extended so as to furnish access to the new made public ground east of the railroad and also to the grounds of the railroad company north of Ean- dolph street, the said viaduct as so altered and ex- tended to be maintained by the said railroad company at its own cost and expense. 5. The said railroad company shall also at its own expense cause a substantial and tight bulkhead or re- taining wall to be constructed of timber, earth and loose stone, along the eastern dock line, and also along the southerly line, of the area to be enclosed and filled, as provided in the first section of this ordi- nance, conformably to the requirements of the Engi- neer Officer of the L^nited States Army having super- vision of the work. 6. The said railroad company shall furnish and de- l)-l-4 GRANT PARK. liver oil the ground, material to the extent of two hun- dred thousand (200,000) cubic yards, if so much shall be needed for the purpose, to fill in the Lake Front Park lying between said company's right of way and Michigan avenue, to the height of twenty-two feet above Chicago city datum, along the west side of the wall to be erected by said company on the westerly side of said right of way between Eandolph street and Lake Park place, and immediately adjacent thereto, and to raise the ground in the rest of said park, or so much thereof as shall be deemed necessary, so that the sur- face shall have a regular slope westward from the ele- vation on the westerly side of said wall down to the grade of Michigan avenue. To facilitate the delivery of such material, the said company shall have the right to lay temporary railroad tracks in said park, which shall be removed as soon as the delivery is completed. 7. The said railroad company shall relinquish and surrender to the city the two filled projections into the lake beyond the east line of its right of way at the foot of Peck court and Harrison street, containing al- together about thirty-four one-hundredths (34/100) of an acre; and also any land there may be east or outside of that part of its right of way, two hundred feet in width, which lies south of a line drawn across the said right of way seventy feet north of the north line of Adams street produced easterly and parallel thereto, and north of a line drawn across the said right of way seventy-four (74) feet north of the north line of Eldredge court produced easterly and parallel thereto. 8. The work herein required to be done by the said I'ailroad company shall be done in such manner as not GRANT PARK. 345 to unnecessarily obstruct the operation of the rail- road, and shall be commenced as soon as practicable, and shall be thenceforth prosecuted with all due dili- gence to completion. Sec. 6, Permission and authority are hereby granted to the said Illinois Central Railroad Company, in case of its acceptance of the provisions of this or- dinance, to construct, maintain and use, in perpetuity, a railway passenger station house on the public ground adjacent to and west of its right of way, at the foot of Van Buren street projected easterly, three hundred (300) feet in length — that is to say, extend- ing from north to south one hundred and fifty (150) feet on each side of the center line of Van Buren street projected easterly — and fifty (50) feet in width. That portion of the said building situated within the north and south lines of Van Buren street projected easterly, shall not be raised so high as to interfere with the construction of a viaduct across the said right of way at that place, and the roofs of the wings shall be so constructed as to admit of their being- covered with earth, and when so covered, shall not exceed in elevation twenty-two (22) feet above Chicago city datum. Suitable and convenient entrances to the said station house, and exits therefrom may be con- structed within the space herein allowed to be occupied by it, and necessary provision may be made in the roof of the building to secure light and ventilation. Pipes connecting with the water main on Michigan avenue may also be laid to furnish water for use in the station house, and also pipes connecting with the gas mains for heating and lighting the same. Proper 346 GRANT PARK. connections may also be made with tlie works or lines of any company furnishing heat, light or power re- quired for use in lighting, heating or ventilating the said building. Sec. 7. The said railroad company shall have the right to lay and maintain permanently, necessary conduits and drainage pipes to secure proper and ade- quate drainage of its right of way between Eandolph street and Lake Park place, with the privilege of discharging into the lake or the most convenient city sewers. Sec. 8. The structures heretofore erected by the Illi- nois Central Kailroad Company south of the north line of Lake Park place projected easterly and in front of its passenger station-house, may be permanently main- tained by said company ; and m case of the acceptance of this ordinance, the said railroad company shall have the right to use, in perpetuity, its grounds and right of way between the north line of Kandolph street and the southern boundary of the Lake Park, and the railroad tracks laid or to be laid thereon for all legiti- mate railroad purposes, free from all restrictions, ex- cept that no building or other structure shall be erected upon that portion of its right of way exceeding in height the top of the wall maintained along the west side thereof, or, when erected at street crossings, the floor of the viaduct or foot-way there constructed, ex- cept by consent of the municipal authorities. But nothing in this section contained shall be held to limit or impair the lawful authority vested in the City Coun- cil to pass and enforce all proper and reasonable po- lice regulations. GRANT PARK. Sit Sec. 9. That the performance of all and singular the conditions and obligations imposed on the said rail- road company by the provisions of this ordinance, shall 1)0 conditional and dependent upon its being permitted to have, exercise and enjoy all the rights and privi- leges hereinbefore conferred, and upon its acquiring possession and the unobstructed right to occupy, reclaim and use the grounds hereinbefore authorized to be occupied and used by it, in accordance with the terms and manifest intent of the provisions of this or- dinance. Sec. 10. The said railroad company shall relinquish and surrender to the city any riparian or littoral rights it may have incident or appurtenant to the land owned or occupied by it on the shore of the lake between the north line of Lake Park place projected and the north line of Twelfth street projected, upon the condition, however, that the area covered by water lying east or outside of the parcel of land which the said railroad company is authorized to fill in and re- claim for its own use by the fourth section of this or- dinance, and between the south line of Lake Park place projected east and the said railroad company's Thir- teenth street pier, shall never be filled in, or access thereto from the waters of the lake obstructed, with- out the consent of said railroad company, excepting only that the said railroad company shall, if the requi- site permission therefor shall be obtained from the Secretary of War, construct, at its own expense, a substantial bulkhead or breakwater about fifty feet wide, from the northeast angle of said Thirteenth street pier, in a northerly direction, on the same line as the easteni edge of that pier, for the distance of two hun- «^-18 gK'^lNt park. dred and fifty (250) feet,— the pier so constructed to be maintained by the said railroad company and re- served for its own exclusive use; and also a like sub- stantial bulkhead or breakwater of the same width, from the southeast angle of the ground to be enclosed and filled, as provided in the first section of this ordi- nance, in a southerly direction, to a point one hun- dred (100) feet south of the south line of Lake Park place projected, the said last mentioned pier to be maintained by the City of Chicago and held for pub- lic use. Sec. 11. All public work herein required to be done by the said railroad company shall be done under the supervision and to the satisfaction of the Commis- sioner of Public Works of the City of Chicago. Sec. 12. Nothing herein contained shall be held to modify or in any way affect the final decree rendered in the suit between the People of the State of Illinois and the Illinois Central Railroad Company and the City of Chicago, hereinbefore referred to, except to the extent and in respect of the particular matters and things hereinbefore provided for. Sec. 13. Upon the acceptance of this ordinance by the said railroad company (which shall be within thirty days after the passage thereof), a contract embodying the provisions herein contained, and binding the par- ties to the faithful observance and performance thereof, shall be executed, sealed and delivered by the proper officers of the city and the railroad company, which shall be of -perpetual obligation. Sec. 14. This ordinance shall take effect and be in force from and after its passage. Passed October 21st, 1895. GRANT PARK. 549 CITY OF CHICAGO ORDINANCE GRANTING CONSENT TO THE SOUTH PARK COAIMISSIONERS TO TAKE, REGU- LATE, CONTROL AND GOVERN ALL THAT PART OF THE LAKE FRONT PARK LYING SOUTH OF THE NORTH LINE OF JACKSON STREET, EXTENDED EAST. [PASSED JULY 37, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CLTY OF CHICAGO: Section 1. That consent be, and the same is hereby aiven to the South Park Commissioners to take, regu- late, control and govern, in the same manner as it may govern other parks or boulevards under its control, all that certain public park situated in the Town of South Chicago, in the City of Chicago, and known as. the Lake Front Park, or Lake Park, except, however, that por- tion lying north of the north line of Jackson street ex- tended on a straight line east from Michigan avenue to the Illinois Central Railroad Company's right of way, and west of the right of way of the Illinois Central Kailroad Company, including in the consent hereby given all land which may be hereafter reclaimed ad- joining said park, and all right and control in and over any reclaimed land, and any water rights in connec tion with the said park which now exist, or which may be hereafter provided under any ordinance or contract now in existence. And the said South Park Commis- sioners shall have the right to control, improve and maintain so much of the said park as it is hereby au- thorized to take. Sec. 2. This ordinance is passed subject to the pro- vision that all the rights acquired by the Illinois Cen- tral Railroad Company under the ordinance passed by the City Council on the 21st day of October, 1895, and '').")0 GRANT PARK. under the contract entered into between the City of Chi- cago and the Illinois Central Eailroad Company, dated the 20th day of November, 1895, shall be respected by the said South Park Commissioners, and all contracts entered into by the said Illinois Central Eailroad Com- pany in prosecution of the work to be done by it, and in accordance w^ith the said above described agreement and ordinance prior to the acceptance of this ordinance by the South Park Commissioners shall be respected by the said South Park Commissioners. And the South Park Commissioners shall receive and enjoy all rights and benefits secured by said agreement and ordinance to the City of Chicago so far as the same apply tp those imi'tH of said park thus taken by said South Park Com- missioners. Sec. 3. The City of Chicago hereby reserves the right to lay and repair any water main, sewer or elec- tric light conduit in the same manner and to the same extent as it now has authority to do so. Sec. 4. This ordinance is passed and the grants therein contained are subject to the further provision and condition, to wit : That the Field Columbian Muse- um, a corporation organized and incorporated under the laws of the State of Illinois, shall have the right and privilege, and such right and privilege are hereby granted, to locate, construct and maintain its perma- nent buildings and structures for the use and occu- pancy of said museum upon the public park hereinbe- fore described under section 1 of this ordinance ; and the following described piece, part or parcel of said park is hereby designated and set apart for such use and purpose of said Field Columbian Museum, to wit: GEANT PARK. 351 a certain piece or parcel of land 1,300 feet in length by 900 feet in width, more particularly described and lo- cated as follows : — the west line thereof to be 225 feet east of the present right of way and property of the Illinois Central Railroad. It is further herein provided that the said Field Columbian Musemn may enter into possession of said piece or parcel of land at any time whenever it desires to commence the construction of its said buildings or other improvements upon said premises and from that date to have the exclusive control and right of occu- X3ancy of said premises, together with all structures and other improvements thereon ; and it is further provided that the public shall at all times have free and reason- able access to said museum grounds over and through said pai'k hereinbefore described and by the terms of this ordinance transferred to said South Park Com- mission. Sec. 5. And be it further ordained that in the event said South Park Commission shall decline to accept said transfer of said park as herein provided, then the grant to said Field Columbian Museum with all privi- leges contained in section 4 of this ordinance shall be and hereby is made perpetual, and it is hereby declared that said piece or parcel of land described in said sec- tion 4 is hereby dedicated to the uses and privileges of said Field Columbian Museum as in this ordinance ex- pressed and contained. Sec. 6. That portion of the lake front dedicated to the use of the Field Columbian Museum is so dedi- cated on the express condition that unless the work of construction of such museum shall be started within •).J- GRANT PARK. one year from the passage of this ordinance said space shall revert to the South Park Commissioners. Sec. 7. All that portion of said Lake Front Park lying east of the easterly line of the Illinois Central Railroad Company's right of way and lying north of tlie north line of Monroe street extended to the east limits of said jDark at the outer sea wall shall be and the same is hereby dedicated to the use of the local military companies of the Illinois National Guard for the purpose of parade grounds and a site for armory and other like uses by said military organizations. Sec. 8. Unless the said South Park Commissioners shall within four months from the passage of this ordi- nance accept the same and take so much of said park as consent is hereby given for, this ordinance shall cease to be of any force or effect and the consent hereby given shall be deemed to be withdrawn. Sec. 9. This ordinance shall be in force from and after its passage. ORDINANCE TAKING UNDER THE CONTROL OF THE SOUTH PARK COMMISSIONERS A PART OF LAKE PARK IN THE CITY OF CHICAGO. [PASSED NOVEMBER 27, 1896.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, the owners of a majority of the frontage of the lots and lands abutting on Lake Park, otlierwise known as Lake Front Park, in the Town of South Chicago, in the City of Chicago, and within the South Park District, and also the owners of a majority of the frontage of the lots and lands abut- ting upon that part of the said Lake Park, described GRANT PARK. 353 as all of said Lake Park except that portion lying north of the north line of Jackson street extended on a straight line east from Michigan avenne to the Illi- nois Central Eailroad Company's right of way, and west of the right of way of the Illinois Central Eail- road Company, have filed with the South Park Com- missioners, their respective consents in writing that the South Park Commissioners may take under its con- trol, and regulate, control and govern in the same man- ner as it may govern other parks under its control, the said Lake Park or any j^art thereof. And, whereas, the said Lake Park, otherwise known as Lake Front Park, is a public park imder the control or jurisdiction of the City of Chicago. And, whereas, the City Council of the City of Chi- cago, which is the proper corporate authority of said city having control of said Lake Park, has by an ordi- nance passed on the 27th day of July, 1896, consented that the South Park Commissioners may take, regulate, control and govern, in the same manner as it may gov- ern other parks or boulevards under its control, all of said public park, known as the Lake Front Park or Lake Park, except, however, that portion lying north of the north line of Jackson street extended on a straight line east from Michigan avenue to the Illinois Central Railroad Company's right of way and west of the right of way of the Illinois Central Eailroad Com- pany, including, as is set out in said ordinance, in the consent thereby given, all land which may be there- after reclaimed adjoining the said park, and all right and control in and over any reclaimed land, and any water rights in connection with the said park which 354 GRANT PARK. then existed, or which might be thereafter provided under any ordinance or contract then in existence. Now, therefore, all that certain public park situated in the Town of South Chicago, in the City of Chicago, and within the South Park District, and known as the Lake Front Park or Lake Park, except, however, that portion lying north of the north line of Jackson street extended on a straight line east from Michigan avenue to the Illinois Central Railroad Company's right of way, and west of the right of way of the Illinois Cen- tral Railroad Company, including all land which may be hereafter reclaimed adjoining said park, and all right and control in and over any reclaimed land, and any water rights in connection with the said park which now exist or which may be hereafter provided under any ordinance or contract now in existence, is hereby taken under the control of the South Park Com- missioners, and full power and authority to regulate, control, govern, improve and maintain said part of said Lake Park so taken as aforesaid, are hereby vested in and assumed by the South Park Commis- sioners : Provided, however, that the taking under con- trol of the said part of said park is nevertheless sub- ject to all of the legal provisions, conditions and reser- vations set forth in the said ordinance passed by the City Council of the City of Chicago on the 27th day of July, 1896. And the South Park Commissioners hereby accept all rights and benefits secured to the City of Chicago, under a contract entered into between the City of Chicago and the Illinois Central Railroad Company, dated the 20th day of November, 1895, and an ordinance passed by the City Council of the City of Chicago on the 21st day of October, 1895, so far as the GRANT PARK. 600 same applies to those parts of said park tlms taken by the South Park Commissioners. And, provided fur- ther, that the South Park Commissioners does not by the filing of said consents of said property owners waive any of its legal rights in regard to the said part of said park so taken and the control and government thereof which it would otherwise have. Sec. 2. This ordinance shall take effect and be in force from and after its passage. ORDINANCE ACCEPTING GRANT PARK. [PASSED JUNE 17, 1903.] Whereas, the Forty-third General Assembly of the State of Illinois by an act entitled ''An act conveying certain lands to the South Park Commissioners for the purpose of establishing a public park or pleasure ground thereon," approved May 14, 1903, conveyed certain lands therein described and commonly known as ''Grant Park" to the South Park Commissioners to be held, managed and controlled by said Commis- sioners as other parks now are under the control of said Commissioners. THEREFORE BE IT ORDAINED BY THE SOUTH PARK CO^I- MISSIONERS: Section 1. That the South Park Commissioners ac- cept the lands conveyed to said South Park Commis- sioners by an act entitled "An act conveying certain lands to the South Park Commissioners for the pur- pose of establishing a public park or pleasure ground thereon" approved May 14, 1903, upon the trusts and for the purposes in said act named. Sec. 2. That the Secretary of the South Park Com- obb GRANT PARK. inissioiiers be, and lie is hereby instructed to fortli- witli file a certified copy of this ordinance with the Sec- retary of State of the State of Illinois. Sec. 3. That this ordinance be in force and effect from and after its passage. AN ORDINANCE TAKING GRANT PARK UNDER THE CON- TROL OF THE SOUTH PARK COMMISSIONERS. [PASSED JANY. 14, 1904.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas. The Forty-third General Assembly of the State of Illinois by an act entitled ''An act conveying certain lands to the South Park Commis- sioners for the purpose of establishing a public park or pleasure ground thereon," approved May 14, 1903, conveyed to the South Park Commissioners the land, including all submerged land, known as Grant Park, in the City of Chicago, County of Cook and State of Illinois, bounded on the north by the south line of Randolph street, extended in a straight line east from Michigan avenue to the harbor line established by the Secretary of War in Lake Michigan, and bounded on the east by said Harbor line and bounded on the south, east of the right of wa}', easement and grounds of the Illinois Central Railroad Company, by the south line of the street known as Lake Park place (formerly known as Park Row), extended in a straight line east from Michigan avenue to said harbor line, and west of said right of way, easement and grounds by the north line of said Lake Park place, and bounded on the west by the east line of Michigan avenue, excepting GRANT PARK. 357 however, the right of way, easement and grounds of the Illinois Central Eailroad Company, extending north and south through said Grant Park as described in an ordinance of the City Council of the City of Chicago, passed October 21, 1895, and published by authority of said council in 1898, in volume 2 of Special Ordi- nances of the City of Chicago, at page 657. And whereas, the City Council of the City of Chi- cago by an ordinance entitled "An Ordinance grant- ing consent to the South Park Commissioners to take, regulate, control and govern all that part of Grant Park lying west of the Illinois Central Eailroad Com- pany's right of way and north of the north line of Jackson street extended east," passed July 20, 1903, gave its consent to the South Park Commissioners to take, regulate, control and govern all that portion of Grant Park, otherwise known as the Lake Front Park, lying west of the Illinois Central Eaitroad Company's right of way and north of the north line of Jackson street extended in a straight line east from Michigan avenue to said Illinois Central Eailroad Company's right of way, subject, however, to certain rights, reservations and conditions therein specified. And, whereas, the owmers of a majority of the front- age of the lots and lands abutting on said Grant Park and also the owners of a majority of the frontage of the lots and lands abutting on that portion of Grant Park described in said ordinance of July 20, 1903, have filed with the South Park Commissioners their re- spective consents in writing that the South Park Com- missioners may take under its control and regulate, control and govern, in the same manner as it may gov- 358 GRANT PARK. erii other parks or boulevards under its control, the whole or any part or portion of said Grant Park. Now, therefore,, all the land, including all sub- merged land, known as Grant Park, in the City of Chicago, County of Cook and State of Illinois, bounded on the north by the south line of Randolph street, ex- tended in a straight line east from Michigan avenue to the harbor line established by the Secretary of War 'in Lake Michigan, and bounded on the east by said harbor line, and bounded on the south, east of the right of way, easement and grounds of the Illinois Central Railroad Company by the south line of the street known as Lake Park Place (formerly known as Park Row) extended in a straight line east from Mich- igan avenue to said harbor line, and west of said right of way, easement and grounds by the north line of said Lake Park Place, and bounded on the west by the east line of Michigan avenue, excepting, however, the right of way, easement and grounds of the Illi- nois Central Railroad Company, extending north and south through said Grant Park, as descri])ecl in an ordinance of the City (Jouncil of the City of Chicago, passed October 21, 1895, and published by authority of said Council in 1898, in volume 2 of Special Ordi- nances of the (*ity of Chicago, at page 657, is hereby taken under the control of the South Park Commis- sioners and the power to regulate, control and gov- ern said park, in the same manner as it may govern other parks or boulevards under its control is hereby vested in and assumed b}^ the South Park Commis- sioners : Provided, however, that the taking under control of the said part of said park descril)ed in the GRulNT PARK. 359 said ordinance of the City Council of the City of Chicago passed July 20, 1903, is nevertheless subject to all the legal rights, reservations and conditions in said ordinance contained. And, provided further, that the South Park Commis- sioners does not by the filing of said consents of said property owners waive any of its legal rights in re- gard to said park. Sec. 2. That the President of the South Park Com- missioners be, and he hereby is, directed to execute in the name of the South Park Commissioners its written acceptance of the ordinance passed by the City Council of the City of Chicago, July 20, 1903, entitled, ''An Ordinance granting consent to the South Park Commissioners to take, regulate, control and govern all that part of Grant Park lying west of the Illinois Central Kailroad Company's right of way and north of the north line of Jackson street extended east;" that the Secretary be, and he hereby is, directed to attest said acceptance and affix the Corporate Seal of the South Park Commissioners thereto and file said ac- ceptance, together with a duly certified copy of this ordinance, with the City Clerk of the City of Chicago on or before the nineteenth day of January, A. D. 1904. Sec. 3. That this ordinance shall take effect and be in force from and after its passage. AET INSTITUTE. Whereas, By contract made and entered into on the third day of December, A. D. 1891, by and among the City of Chicago, a mnnicipal corporation, the Art In- stitute of Chicago and the World's Columbian Expo- sition, corporations organized and existing under the laws of the State of Illinois, it was among other things agreed that, subject to the provisions of said contract, the said Art Institute of Chicago should from and after the time therein specified have the right to the use and occupation of a certain building the erection of which was by the said contract contemplated and provided for, to be situated on that part of the Lake Front in the City of Chicago lying between the center of Mon- roe street projected, on the north, and Park Eow pro- jected, on the south, — reference to which contract is hereby made for greater certainty ; and. Whereas, The said building was afterwards erected upon the site in the said contract provided, and said Art Institute of Chicago entered upon the use and occupation thereof under and in accordance with the terms of the said contract ; and. Whereas, By an ordinance of the said City of Chi- cago duly passed by the City Council of said city on the twentieth day of July, A. D. 1903, the provisions of which said ordinance were duly accepted by the South Park Commissioners by their ordinance duly passed on the thirtieth day of December, A. D. 1903, and by an indenture duly executed by and on behalf of said City of Chicago, Ijearing date of the 17th day (360) ART INSTITUTE. 361 of February, A. D. 190-1-, the rights of the said City of Chicago in and to the said building and the con- trol and management of the land known as Grant Park in the City of Chicago, including the site of the said building hereinabove referred to, were trans- ferred to the said South Park Commissioners under and in accordance with the provisions of an act of the General Assembly of the State of Illinois entitled "An Act conveying certain lands to the South Park Commissioners for the purpose of establishing a pub- lic park or pleasure ground thereon," approved and in force May 14, 1903; and, Whereas, The said Art Institute of Chicago since entering upon the use and occupation of the said build- ing as aforesaid, has continued thence hitherto in the said use and occupation of the said building under the said contract, and by and with the permission and consent of the said South Park Commissioners since its acquisition of the control and management of the said Grant Park, as aforesaid; and. Whereas, The said Art Institute of Chicago and the said South Park Commissioners desire to enter into this new agreement in addition to and in supplement of the said agreement of the said Art Institute of Chi- cago with the said City of Chicago : Now, therefore, In Consideration of the premises. It Is Hereby Agreed by and between the Art Insti- tute of Chicago and the South Park Commissioners, a municipal corporation, that the use and occupation by the said Art Institute of Chicago of the said build- ing as now erected and existing shall and may con- tinue, subject to the conditions of the said first men- 362 ART INSTITUTE. tioned agreement and the modifications thereof lierein contained. It is further agreed between the said Art Institute of Chicago and the said South Park Commissioners that so long as said Art Institute shall be maintained in good order and condition and the public admitted thereto in accordance with the terms and provisions of an act entitled ''An Act to Amend an Act entitled 'An Act Concerning Museums in Public Parks,' Ap- proved June 17, 1893, in force July 1, 1893. Approved May 14, 1903, in force July 1, 1903," said South Park Commissioners will annually pay to said Art Institute of Chicago its just proportion of the one-half mill tax authorized to be levied by Section 2 of said act; all moneys so paid by said South Park Commissioners to the said Art Institute shall be used for the purpose of maintaining and caring for said Art Institute and the buildings and grounds thereof; and said Commis- sioners hereby consent and agree that said Art In- stitute may charge an admission fee to the extent au- thorized by said act, so long as the proceeds of such admission fee shall be devoted exclusively to the main- tenance of said Art Institute, and the said Art Insti- tute upon its part agrees to furnish to the said Com- missioners a detailed statement of the annual cost of maintaining and caring for the said Art Institute and the buildings and grounds thereof, upon the receipt whereof the proceeds of the tax to which the said Art Institute is entitled shall be paid over to the said iVrt Institute in such reasonable installments as may be just. Said Art Institute shall be open to the public with- ART INSTITUTE. 363 out charge on Sunday and on two otlier days of each week, and to the children in actual attendance upon any of the schools of this State, at all times. In Witness Whereof, the said South Park Commis- sioners has caused these presents to be signed on its behalf by its President thereunto duly authorized and its corporate seal to be attached; and said Art Insti- tute of Chicago has caused the same to be executed by its President thereunto duly authorized, and its corporate seal to be attached and attested by its Sec- retary; the same being done in duplicate this 12th day of September, A. D. 1907. South Park Commissioners, By Henry Gr. Foreman, Presideid. Attest : E. G. Shumway, Secretary. Art Institute of Chicago, By Charles L. Hutchinson, President. Attest : Newton H. Carpenter, Secretary. CRERAR LIBRARY. AN ORDINANCE CONCERNING THE JOHN CRERAR LIBRARY. [PASSED FEBRUARY 15. 1905.] Whereas, Under date of January 2Ist, A. D. 1904, the Directors of The John Crerar Library requested of the South Park Commissioners, under the provi- sions of an act entitled "An Act concerning Free Public Libraries in Public Parks," apjD roved May 14, 1903, in force July 1, 1903, permission to erect and maintain, in accordance ^dth the provisions of said act, a free Public Library Building in the City of Chicago, on that part of Grant Park bounded on the North by the South line of Madison street extended East; on the East by the right of way of the Illinois Central Railroad; on the South by the North line of Monroe street extended east, and on the west by the East line of Michigan avenue, the general style of said building to be classical and the approximate cost thereof to be one million dollars; and Whereas, In accordance with the provisions of said act, the South Park Commissioners submitted, to the voters of the South Park District, at the April elec- tion, 1904, the question of granting such permission, and the proposition so submited to the voters of said district was carried by a majority of over 41,500 votes; and Whereas, The John Crerar Library has requested the South Park Commissioners to issue permission to erect and maintain a Free Public Library Building (364) CI{KI{AI{ IJHKAIiV, 365 Oil sjiid site, in accordMiicc with tlic Icniis ol' said act and said rccjiiost; tlicrefore Bi: IT ORIMINI'.I) BY TJ1]<: SOUTH PARK COMMISSIONERS: Section 1. ^riiat permission and authority be, and the same are hereby, given io 'I'he John Crerar Li- ))rary to erect and maintain at its own expense, in accordance witli tlie ])rovisions of an act entitled, "An Act concerning Free Public Libraries in Public Parks," approved May 14, VMV.l, in lorce duly 1, 1903, a Free Public liihrary I>uildiiig in the (Jity oC (yhi- cago, on that part of (jJrant Park bounded on the North by the South line of Madison street extended East, on the East by the right of way of the Illinois Central Railroad, on the South by the North line of Monroe street extended East, and on the West by the p]ast line of Michigan avenue, the general style of said building to be classical and the approximate cost thereof to be one million dollars. Sec. 2. The West front of said building shall be on a line witli the West front of the; Art Institute, and the North and South walls of said building shall be as nearly as practical equi distance from the South line of Madison street extended East and the North line of Monroe street extended East, respectively, leaving an open space of not less than forty (40) feet in width between the North line of said building and the South line of Madison street extended East, and a like space betwecm the South line of said building and the North line of Monroe street extended East, and the East wall of said building shall be at least twenty- 3GG CRERAR LIBRARY. five (25) feet West of the West line of the right of way of the Illinois Central Railroad Company leaving an open and clear space of not less than twenty-five (25) feet in width for an alley or roadway. Sec. 3. All necessary additions, extensions or im- provements may be made to said building at any time in the discretion of the Directors of said Library, pro- vided, however, that no addition, extension or im- provement shall be made West of the present West line of the Art Institute, or nearer than forty (40) feet to the South line of Madison street extended East, or nearer than forty (40) feet to the North line of Monroe street extended East, and provided also, that an alley or roadway running North and South through said premises herein before described and not less than twenty-five (25) feet in width, shall be left next to and adjoining the right of way of the Illinois Cen- tral Kailroad. Sec. 4. Said Library shall forever be maintained as a Free Public Library, and in event it should cease to be so maintained, all rights herein and hereimder granted shall cease and become void and said building shall be and become the absolute property of said Commissioners, but so long as said Library shall be so maintained as a Free Public Library the Directors of said Library shall control, direct and manage the af- fairs thereof in all respects the same as though said building was not erected in or upon a public park. Said Library shall he open to the public absolutely free and without charge, every week day of the year, CRERAR LIBRARY. 367 from 9 a. m. to 10 p. in., and in case the patronage warrants, upon Sunday also at reasonable hours. Sec. 5. No other building of any kind sliall l)e ])uilt upon the premises hereinbefore descril)ed or u^ion any part thereof. The plant for heating and lighting said building shall be operated so as not to cause or create a nuisance by the escape of gases or smoke and to this end said Library shall install the best modern appli- ances for the consumption of smoke and gases geii- erated in its said plant and use anthracite coal ex- clusively as a fuel. Sec. 6. This ordinance shall take effect and be in force as soon as said The John Crerar Library shall file its formal acceptance with the Secretary of the South Park Commissioners, jjrovided, however, if said acceptance shall not be filed with said Secretary withi ii three months from the passage of this ordinance, this ordinance shall be void and of no effect. EXTRACT FROM THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE JOHN CRERAR LIBRARY, HELD FEBRUARY 23, 1905. On motion of Mr. Marshall Field, seconded by Mr. Robert T. Lincoln, it was unanimously resolved that the foregoing ordinance in reference to The John Crerar Library, passed February 15th, 1905, by the South Park Commissioners, be accepted, and that the Secretary of tlie Board be, and hereby is, author- ized and directed to file, on behalf of the Library, with the Secretary of the South Park Commissioners, formal acceptance of said ordinance. I, Leonard A. Busby, do hereby certify that T am 368 CKEEAR LIBRAEY. the Secretary of the John Crerar Library and that the foregoing is a true copy of a resolution passed at the special meeting of the Board of Directors of said Li- brary on February 23rd, 1905, as the same appears upon the records of the Library. Given under my hand and the seal of the Library, at Chicago, this 28th day of February, A. D. 1905. (signed) Leonard A. Busby, Secretary. FIELD COLUMBIAN MUSEUM. ORDINANCE CONCERNING A MUSEUM IN JACKSON PARK. [PASSED SEPTEMBER 12, 1S94.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. The Field Columbian Mnseum is hereby authorized to maintain in the Fine Arts Building in Jackson Park a museum for the collection and display of objects pertaining to natural history and the arts and sciences. Sec. 2. So long as the said Field Columbian Mu- seum shall occupy said building, it shall maintain said museum and building, and keep the same in good or- der and repair, and the said South Park Commission- ers shall pay to the said Field Columbian Museum the sum of fifteen thousand dollars ($15,000) per year, payable in monthly installments of twelve hundred and fifty dollars ($1,250) each, commencing on the first day of October, 1894. And the said South Park Commissioners shall be at no further expense of any kind or character in regard to said museum, or the maintenance thereof, or in regard to the said building, or the maintenance or repair thereof. Sec. 3. The said Field Columbian Museum may charge an admission fee to the said museum not ex- ceeding twenty-five cents for each visitor over ten years of age, and not exceeding ten cents for each visitor of ten years of age and under, the proceeds thereof to be devoted to the maintenance of such mu- seum; provided, that such museum shall be open to (369) 370 FIELD COLUMBIAN MUSEUM. the public without charge on Saturdays and Sundays in each week; and to children in actual attendance upon any of the schools of this state, at all times. Sec. 4. The said museum shall be kej^t open every day in the year; from May first to September first, from nine o'clock a. m. to six o'clock p. m. ; and from September first to May first, from nine o'clock a. m. to four o'clock p. m. Sec. 5. The South Park Commissioners and their officers shall have admission to said building at all times without charge. Sec. 6. All improvements in, betterments upon, and additions to said building made by the said Field Columbian Museum shall become the property of the South Park Commissioners without any additional payment therefor, except the said yearly sum above mentioned. Sec. 7. This ordinance shall be accepted in writing by the said Field Columbia'n Museum within thirty days after its passage, otherwise it shall be null and void. WORLD'S COLUMBIAN EXPOSITION. • ORDINANCE TO ALLOW THE USE OF JACKSON PARK AND THE MIDWAY PLAISANCE FOR THE PURPOSES OF THE WORLD'S COLUMBIAN EXPOSITION. [PASSED SEPTEM- BER 19, 1890.] Whereas, An act of the General Assembly of the State of Illinois entitled, "An act in relation to the World's Columbian Exposition," provides that in case the site or sites for the holding of the World's Colum- bian Exposition, as finally located and fixed by the au- thorities in charge thereof, shall include any part of any public park which is or may be under the control and management of the Park Commissioners, then, and in that event, it shall be competent, and express authority for such purpose is thereby granted to the Park Commissioners having the control and manage- ment of such public park, to allow the use thereof, or any part thereof, for the purposes of the World's Columbian Exposition, upon such terms and conditions as may be agreed upon between the said Park Commis- sioners and the authorities having the management of said exposition ; and Whereas, Said act further provides tliat the said Park Commissioners in charge of the public grounds, or any part thereof designated and selected as the site of the whole or any part of said exposition, shall have authority, in their discretion, to issue and sell bonds to an amount not exceeding $500,000, the proceeds of said bonds to be applied to the improving of the grounds under their control selected as aforesaid for said exi^osition; said power, however, not to be exer- (371) 372 world's COLUMBIAN EXPOSITION. cised until the proposition to issue such bonds shall have been submitted to the vote of the legal voters of such park district and receive a majority of the votes cast at such election; and Whereas, The World's Columbian Exposition, a cor- j)oration organized under fhe laws of the State of Illi- nois for the purpose of said exposition, have offered to the World's Columbian Commission, appointed under an act of Congress of the United States, Jackson Park and the Midway Plaisance as the site for a part of the said exposition, and the said Commission has accepted the same for the purposes of said exposition; and Whereas, A proposition to issue bonds to an amount not exceeding $500,000, upon the terms and in the man^ ner and for the purposes specified in said act of the General Assembly of the State of Illinois, is to be sub- mitted to the legal voters of the park district compris- ing the towns of South Chicago, Hyde Park and Lake : BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. Permission and authority are hereby given to the World's Columbian Exposition, a corpora- tion, to use Jackson Park and the Midway Plaisance for the purposes of the World's Columbian Exposition upon the terms and conditions hereinafter set forth. Sec. 2. The said corporation, the World's Colum- bian Exposition, at any time after the acceptance of this ordinance and the approval of the first bond to be given by said corporation as hereinafter set forth, shall have the right to enter upon said premises and take possession of such portions thereof as may be necessary in constructing the buildings and making other preparations for such exposition, and may make world's COLUMBIAN EXPOSITION. 373 such changes in and such use of said premises, or any part thereof, as may be necessary for the purposes of such exposition. Sec. 3. The said corporation, thti World's Colum- bian-Exposition, sliall have the right to enclose Jack- son Park and the Midway Plaisance, or either of them, by a fence or wall, provided, however, that the en- trances to Jackson Park and the roadways across the Midway Plaisance shall not be closed prior to the first day of October, 1892. The said corporation, the World's Columbian Exposition, may take all neces- sary measures to prevent the encroachment of persons and vehicles upon such portions of said Jackson Park and the Midway Plaisance as may l^e in actual use in the preparation for such exposition. Sec. 4. Such parts of Jackson Park and the Midway Plaisance as shall not be in actual use for the con- struction of buildings and other preparations for said exposition shall be under the care and supervision of, and shall be maintained by, the said South Park Com- missioners until the first day of October, 1892, but the said South Park Commissioners shall not be respon- sible for the care, safety or maintenance of any build- ings, work or construction of any kind, or any prop- erty of the World's Columbian Exposition, or of any other persons, person or corporation upon said prem- ises. Sec. 5. On the first day of October, 1892, the South Park Commissioners shall turn over to the said cor- poration, the World's Columbian Exposition, the en- tire possession, control and management of Jackson Park and the Midway Plaisance, and thereafter until 374 world's COLUMBTAlSr EXPOSITION". tlie first clay of January, 1894, the said corporation, the AVorld's Columbian Exposition, shall have the full con- trol of the same for the purposes of the said exposition and shall make all rules and regulations in regard to the entrance to said premises, provided, however, that until the first day of April, 1893, the South Park Uom- missioners, tlieir officers, agents and employes, shall at all times have free access to said Jackson Park and Midway Plaisance for the construction of the Lake Shore Improvement and of such other work as the South Park Commissioners may desire to prosecute. From the first day of October, 1892, said World's Co- lumbian Exposition shall also pay all the cost of the care and maintenance thereof, and the South Park Commissioners shall be at no expense whatsoever in regard thereto. Sec. 6. On the first day of January, 1894, the said park and plaisance shall be restored to the possession of the South Park Commissioners,- except such parts thereof as shall be occupied by the buildings or other constructions of the said World's Columbian Exposi- tion; but the said corporation, the World's Columbian Exposition, shall have the right to remove all such buildings and constructions from said premises, pro- vided that all of such buildings and constructions which shall be upon the north eighty-four acres of Jackson Park, being the present fully improved por- tion thereof, shall be removed prior to the first day of May, 1894, and all the buildings and constructions upon the other portions of said park and upon said Midway Plaisance shall be removed prior to the first day of May, 1895, and all such buildings and construe- WORI^d's COLUMBIAN EXPOSITION. 375 tions wliicli shall not be removed within the times above limited shall become the property of the South Park Commissioners. Sec. 7. The use of said Jackson Park and Midway Plaisance is granted for the j3urposes of said exposi- tion upon the further express condition that the said park and plaisance shall be used during the periods above mentioned only for the purposes of said exposi- tion and subject to the foregoing terms and conditions, and also upon the further condition that the said park and plaisance shall be surrendered to the South Park Commissioners in as good a condition as they now are. An acceptance of this ordinance by the "World's Colum- bian Exposition shall constitute on its part an agree- ment to fully comply with all the terms and conditions of this ordinance. Sec. 8. In case the proposition to issue bonds, as provided in said act of the General Assembly of the State of Illinois, shall receive a majority of the votes east at the election at which such proposition shall be submitted, the South Park Commissioners will exer- cise the power therein conferred, and issue bonds to the amount of $500,000.00, as in said act provided, and from the proceeds of such bonds will expend the amount necessary to comj^lete the Lake Shore improve- ment, which, it is estimated, will cost about $270,- 000.00, and will expend the balance thereof in the im- provement of Jackson Park ; making said improve- ments in consonance with the plans, and available for the purposes of the said exposition, as far as compati- ble with such improvements being of a permanent char- 376 world's COLUMBIAN EXPOSITION. acter, and of permanent benefit in the development of said park. Sec. 9. This ordinance shall be accepted in writing by the said corporation, the World's Columbian Exposi- tion, within thirty days after its passage; otherwise, it shall be null and void. The said corporation, the World's Columbian Exposition, shall also file a bond in the penal sum of $100,000.00, to be approved by the South Park Commissioners, said bond to be condi- tioned for the faithful performance of all the terms and conditions herein prescribed, and also to indemnify and save harmless the South Park Commissioners against all damages on account of the use of said grounds for the purposes of said exposition or the pas- sage of this ordinance. The said World's Columbian Exposition shall also, before the removal of any of its buildings or construc- tions placed upon Jackson Park or the Midway Plais- ance, file with said South Park Commissioners an addi- tional bond in the penal sum of one hundred thousand dollars, with good and sufficient sureties, conditions for the faithful performance of all the terms and con- ditions herein prescribed; and also to indemnify and save harmless the South Park Commissioners against all damages on account of the use of said grounds for the purj)oses of said exposition or the passage of this ordinance. world's COLUMBIAN EXPOSITION. 377 AN ORDINANCE TO ALLOW THE USE OF WASHINGTON PARK FOR THE PURPOSES OF THE WORLD'S COLUM- BIAN EXPOSITION. [PASSED SEPTEMBER 23, 1S90.] Whereas, Tiie South Park Commissioners on the nieteenth day of Septeml^er, A. D. 1890, passed an or- dinance entitled ''An ordinance to allow the use of Jackson Park and the Midway Plaisance for the pur- poses of the World's Columbian Exposition," which said ordinance was accepted by the World's Columbian Exposition, corporation, as in said ordinance provided; And whereas, The National World's Columbian Commission subsequently has passed a resolution that the space needed for the said exposition and to make the same adequate and satisfactory to the Commission requires that Washington Park be added to the sev- eral plats of ground tendered to said Commission as a site for the said exjDosition; and that the addition of Washington Park may be made by the Chicago Direc- tory and will be accepted by the said Commission with the understanding that only so much of said several plats as may be required for exposition purposes will be used; And whereas. The Board of Directors of the World's Columbian Exposition have passed a resolution that in the opinion of said board the honor of Chicago and the necessities of the exposition alike require the adop- tion of Washington Park as an important part of the site for the World's Columbian Exposition: BE IT ORDAINED: Section 1. Permission and authority are hereby given to the World's Columbian Exposition, corpora- tion, to use so much of Washington Park for the pur- 378 world's COLUMBIAN EXPOSITION. poses of the World's Columbian Exposition as shall be necessary for such purposes, except the portion thereof occupied by the barn, conservatory and needed places of the Park Administration, such use to be upon the terms and conditions hereinafter set forth. Sec. 2. Said corporation, the World's Columbia]i Exposition, at any time after the acceptance of this or- dinance and the approval of the first bond to be given by said corporation as hereinafter set forth, shall have the right to enter upon said Washington Park and take possession of such portions thereof as may be neces- sary in constructing the buildings and making other preparations for such exposition, and may make such use of said premises, except the portions thereof here- by retained by the said South Park Commissioners, as may be necessary for the purposes of said exposition; Provided, however. That no change shall be made in the present roads and paths in said Washington Park, nor shall the present contours of the ground be altered nor any of the trees or shrubs in said park be interfered with. Sec. 3. The said corporation, the World's Colum- bian Exposition, shall have the right to enclose Wash- ington Park, except the portions thereof hereby re- tained, if such park shall be actually used as the loca- tion of buldings or other constructions, forming an in- tegral and substantial part of the exposition; Pro- vided, however, that the entrances to said park shall not be closed prior to the first day of October, 1892. Said corporation, the World's Columbian Exposition, may take all necessary measures to prevent the en- croachment of persons and vehicles upon said portions world's COLUMBIAN EXPOSITION. 379 of Wasliiiigton Park as may be in actual use in the preparation for such exposition. Sec. 4. Such parts of Washington Park as shall not be in actual use for the construction of buildings and other preparations for such exposition shall be under the care and supervision of and shall be maintained by the South Park Commissioners until the tirst day of October, 1892, but the South Park Commissioners shall not 1)3 responsible for the care, safety or maintenance of any buildings, work or construction of any kind or property of the World's Columl)ian Exposition, or any other persons, person or corporation upon said prem- ises. Such parts of Washington Park as shall be in actual use by the World's Colmnbian Exposition shall be maintained by said corporation. Sec. 5. On the first day of October, 1892, the South Park Commissioners shall turn over to the said cor- poration, the World's Columbian Exposition, the en- tire possession, control and management of such parts of Washington Park as shall have been prepared and enclosed for the purposes of said exposition, and there- after and until the first day of January, 1894, the said corporation, the World's Columbian Exposition, shall have the full control of the same for the purposes oi; said exposition and shall make all rules and regula- tions in regard thereto, and shall at its own cost main- tain the same in good condition, and the South Park Commiissioners shall be at no expense in regard thereto. Sec. 6. On the first day of January, 1894, such parts of said Washington Park as shall then be in the pos- session of the said World's Columbian Exposition, shall 1)e restored to the possession of said South Park 380 world's COLUMBIAN EXPOSITION. Commissioners, except such portions thereof as shall be actually occupied by the buildings or other con- structions of the said World's Columbian Exposition, but the said corporation, the World's Columbian Ex- position, shall have the right to remove all such build- ings and constructions from said premises, provided that all of such buildings shall be removed prior to the first day of May, 1894, and all such buildings and constructions which shall not be removed at that time shall become the property of the South Park Commis- sioners. Sec. 7. The use of the portions of Washington Park hereinbefore mentioned is granted upon the further express condition that in case the World's Columbian Exposition shall determine to use a considerable por- tion thereof, for the purposes of said exposition in such a manner as shall require the enclosing of a consider- able portion thereof, then and in that event the right to use the north eighty-four (84) acres of Jackson Park being the present fully improved portion thereof here- tofore granted by the said ordinance passed on the nineteenth day of September, 1890, shall be abrogated. And, if the said World's Columbian Exposition shall enter upon the said improved portion of Jackson Park and take possession thereof for the purposes of said exposition, then the said corporation shall have no right to enclose any portion of Washington Park un- der the provisions of this ordinance. If the said cor- poration, the World's Columbian Exposition, shall en- ter upon Washington Park and take possession of any portion thereof for the purpose of preparing the same for the use of said exposition in such a manner as will require the enclosure of any portion of said park, then WOELD's COLUMBIAN EXPOSITION. 381 the permission and antliority to use the said improved portion of Jackson Park, contained in the ordinance heretofore passed by the South Park Commissioners upon the said nineteenth day of September, 1890, shall be entirely abrogated and all rights thereunder to the use of such improved portion thereof forfeited. Sec. 8. The use of Washington Park is granted for the purposes of said exposition upon the further ex- press condition that the said park, if used by said World's Columbian Exposition, shall be used during the jDeriods above mentioned only for the purposes of said exposition and subject to the foregoing terms and conditions, and also upon the further express condition that the portions of said park so used shall be surren- dered to the South Park Commissioners in as good a condition as they now are. An acceptance of this or- dinance by the World's Columbian Exposition shall constitute on its part an agreement to fully comply with all the terms and conditions of this ordinance. Sec. 9. This ordinance shall be accepted in writing by the said corporation, the World's Columbian Expo- sition, within twenty days after its passage, otherwise it shall be null and void. The said corporation, the World's Columbian Exposition, shall also file a bond in the penal sum of fifty thousand dollars ($50,000) to be approved by the South Park Commissioners, said bond to be conditioned for the faithful performance of all the terms and conditions herein prescribed and also to indemnify and save harmless the South Park Com- missioners against all damages on account of the use of said grounds for the purposes of said exposition or the passage of this ordinance. The said World's Columbian Exposition shall also, 382 world's COLUMBIAN EXPOSITIOlSr, before the removal of any of its buildings or construc- tions placed upon said Washington Park tile with said South Park Commissioners an additional bond in the penal sum of fifty thousand dollars ($50,000) with good and sufficient sureties, conditioned for the faithful per- formance of all the terais and conditions herein pre- scribed, and also to indemnify and save harmless the South Park Commissioners against all damages on account of the use of said grounds for the purposes of said exposition or the passage of this ordinance. ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE TO ALLOW THE USE OF JACKSON PARK AND THE MIDWAY PLAISANCE FOR THE PURPOSES OF THE W^ORLD'S COLUMBIAN EXPOSITION." [PASSED APRIL 13, 1S92.] Whereas, The South Park Commissioners on the IDth day of September, A. D. 1890, passed an ordinance entitled "An ordinance to allow the use of Jackson Park and the Midway Plaisance for the purposes of the World 's Columbian Exposition, ' ' which said ordinance provided among other things that the entrances to Jackson Park should not be closed prior to the first day of October, 1892, and that such parts of Jackson Park as should not be in actual use for the construction of buildings and other preparations for said exposition should be under the care and supervision of and should be maintained by the said South Park Commissioners until the first day of October, 1892. And whereas. The World's Columbian Exposition lias made application to the South Park Commission- ers to enclose the whole of Jackson Park, claiming WORLD "s COLUMBIAlSr EXPOSITION. 383 that such enclosure is necessary, owing to the rapid advancement of the exposition work within the bound- aries of said park, and to properly police the grounds. BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. Permission and authority are hereby given to the World's Columbian Exposition to entirely enclose Jackson Park and the entrances thereto; and the entire possession, control and management of said park shall be turned over to the said World's Colum- bian Exposition upon the acceptance of this ordinance. And the said World's Columbian Exposition shall in regard to said park after said acceptance have the same power and be subject to the same liabilities as are granted to and imposed upon them by section 5 of the said ordinance of which this is an amendment sub- ject to the proviso contained in said section 5 of said ordinance. Sec. 2. The said ordinance above mentioned allow- ing the use of Jackson Park and the Midway Plaisance for the purposes of the World's Columbian Exposition shall remain in full force and effect excejDt so far as it is hereby amended by changing the date at which the said Jacks.on Park shall be entirely turned over to the control of the World's Columbian Exposition, from the first day of October, 1892, the day mentioned in said ordinance, to the time when this ordinance shall be ac- cepted. Sec. 3. This ordinance shall be void and of no effect unless accepted in writing by the said corporation, the World's Columbian Exposition, within ten days after its passage, and such acceptance shall constitute on the part of the World's Columbian Exposition an agree- 384 world's COLUMBIAN EXPOSITION. ment to fully comply with all the terms and conditions of this ordinance and of the ordinance of which this ordinance is an amendment except so far as hereby amended. COMMUNICATION FROM THE WORLD'S COLUMBIAN EXPO- SITION. [READ JANUARY 23, 1893.] Extract from the minutes of the Executive Com- mittee of the World's Columbian Exposition, held Jan- uary 4th, 1893. Eesolved, That the Secretary be instructed and di- rected to transmit a copy of the action of the executive committee of October 6th, 1892, relative to an encamp- ment of troops in Washington Park, to the Board of South Park Commissioners and to state to said board that it is the sense of the executive committee that this corporation has no claim upon Washington Park for the uses of the exposition, and does not and will not assert any claim thereto. I hereby certify that the above is a true and correct copy of an extract from the minutes of the executive committee of the World's Columbian Exposition, held January 4th, 1893, and that I am the lawful custodian of the records of said committee. Witness my hand and the seal of the corporation this 20th day of January, A. D. 1893. (Signed) H. 0. Edmonds, (Seal.) Secretarii. world's COLUMBIAN EXPOSITION. 385 AN ORDINANCE REPEALING AN ORDINANCE ENTITLED "AN ORDINANCE TO ALLOW THE USE Op-WASHINGTON PARK FOR THE PURPOSES OF THE WORLD'S COLUM- BIAN EXPOSITION. [PASSED JANUARY 23, 1893.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That the ordinance entitled ''An ordi- nance to allow the use of Washington Park for the pur- poses of the World's Columbian Exposition," passed September 23d, 1890, be and the same is hereby re- pealed. RESOLUTION CONCERNING THE CLAIMS OF THE COMMIS- SIONERS AGAINST THE WORLD'S COLUMBIAN EXPOSI- TION. [PASSED DECEMBER 13, 1893.] Whereas, The South Park Commissioners have re- ceived from the Columbian Exposition through its secretary, H. 0. Edmonds, the following : Extract from the minutes of a meeting of the Board of Directors of the World's Columbian Exposition, held Friday, December 8th, 1893: "Kesolved, That the compromise offer of settlement of the South Park Commissioners, of all damages and claims against this corporation, connected with, or re- sulting from the occupancy of Jackson Park and Mid- way Plaisance, by the World's Columbian Exposition, under ordinance of said South Park Commissioners, be, and the same is hereby accepted ; and for the purpose of concluding such settlement, the President is hereby authorized to transfer and deliver to said South Park Commissioners, by proper bill of sale, or other writing, all the buildings and other property of this exposition situate in Jackson Park or Midway Plaisance, and par- 386 WOELd's COLUMBIAN EXPOSITIOlsr. ticularly described in a schedule of said property here- tofore prepared and delivered said South Park Com- missioners by the President of this corporation ; also to pay said South Park Commissioners the sum of two hundred thousand dollars ($200,000), which said sum and delivery of property shall be in full payment, set- tlement and discharge of all liabilities and obligations of every kind and character resting upon this corpora- tion, by reason of the occupancy of the above described Park and Plaisance, under the ordinance hereinbefore referred to; and the President is authorized and di- rected to accept such discharge quittance or receipt as may be necessary to effectuate the purpose of said set- tlement, together with the bond, in the penal sum of one hundred thousand dollars ($100,000) heretofore ex- ecuted by this corporation to said South Park Com- missioners; possession of all of said property, and every part thereof to be given said South Park Com- missioners as soon as the exhibits now installed in said buildings shall be removed therefrom. Said sale and transfer of buildings subject, however, to the further condition that if the City of Chicago Ghali elect to purchase of this corporation the Liberal Arts and Manufactures Building, the title of said building may be transferred by this corporation to said City of Chicago, and such sale and transfer shall in no wise affect or impair this settlement ; but if said city shall not elect to purchase said building within months, then the title thereto shall pass to said South Park Commissioners." And, Whereas, The President of the South Park Commis- sioners reports that in pursuance of the authority dele- gated to him at the last meeting of the Park Commis- world's COLUMBIAN EXPOSITION. 387 sioners, the action of the Columbian Exposition is in ac- cordance with the proposition wliich he submitted. Therefore, Eesolved, First, That the Park Commis- sioners assent to the resolution prepared by the Co- lumbian authorities, and Second, That the President of the South Park Com- missioners and their attorney be instructed to prepare the papers and take all steps necessary to complete the transaction. AN ORDINANCE IN RELATION TO THE SETTLEMENT OF DIFFERENCES BETWEEN THE SOUTH PARK COMMIS- SIONERS AND THE WORLD'S COLUMBIAN EXPOSITION. [PASSED DECEMBER 29, 1893.] Whereas, The South Park Commissioners, on the nineteenth day of September, 1890, passed an ordi- nance entitled "An ordinance to allow the use of Jack- son Park and the Midway Plaisance for the purposes of the World's Columbian Exposition," which said ordi- nance provided for the use of Jackson Park and the Midway Plaisance for the purposes of the World's Co- lumbian Exposition upon the terms and conditions set forth in said ordinance; And whereas, Among the terms and conditions of said ordinance there was a provision that on the first day of January, 1894, the said Park and Plaisance should be restored to the possession of the South Park C^ommissioners, except such parts thereof as should be occupied by the buildings or other constructions of the said World's Columbian Exposition, but that the World's Columbian Exposition should have the right to remove all such buildings and constructions from 388 world's COLUMBIAN EXPOSITION. said premises, provided that all sucli buildings and constructions whicli should be upon the north eighty- four acres of Jackson Park should be removed prior to the first day of May, 1894, and all the buildings and constructions upon the other portions of said park and upon said Midway Plaisance should be removed prior to the first day of May, 1895, and that all such buildings and constructions which should not be removed within the times above limited should become the property of the South Park Commissioners ; And whereas. It was further provided in said ordi- nance that the use of said Jackson Park and said Mid- way Plaisance was granted upon the further condition that the said Park and Plaisance should be surrendered to the South Park Commissioners in as good a condi- tion as they were at the time of the passage of said or- dinance ; And whereas. Said ordinance also provided that the World's Columbian Exposition should file a bond in the penal sum of one hundred thousand dollars, to be approved b}^ the South Park Commissioners, said bond to be conditioned for the faithful performance of all the terms and conditions in said ordinance prescribed, and also to indemnify and save harmless the South Park Commissioners against all damages on account of the use of said grounds for the purposes of said exposi- tion, or the passage of said ordinance, and also that the World's Columbian Exposition should before the re- moval of any of its buildings or constructions placed upon Jackson Park or the said Midway Plaisance file with said South Park Commissioners an additional bond in the penal sum of one hundred thousand dol- world's COLUMBIAN EXPOSITION. 389 lars with good and sufficient sureties conditioned in the same manner as the bond above mentioned. And whereas, The exposition contemplated by said ordinance has been held upon the said Jackson Park and the Midway Plaisance, and the South Park Com- missioners claim damages on account of the use there- of for such purpose, and the World's Columbian Expo- sition, in order to relieve itself from the obligations contained in said ordinance, have made a proposition to pay to the South Park Commissioners the sum of two hundred thousand dollars, and to convey to the South Park Commissioners certain buildings, construc- tions and personal property now owned by the World's Columbian Exposition, in full settlement and dis- charge of its obligations of the said ordinance; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That upon the payment to the South Park Commissioners of the sum of two hundred thou- sand dollars, and the conve3^ance to the South Park Commissioners of the buildings, constructions and per- sonal property mentioned in the schedule hereto an- nexed, and the delivery to the South Park Commission- ers of the possession of Jackson Park and Midway Plaisance and the said buildings, constructions and personal property, subject, however, to the terms and conditions hereinafter set forth, the World's Colum- bian Exposition shall be released from all its obliga- tions under said original ordinance except as herein- after mentioned, and its bond of one hundred thousand dollars filed with said Commissioners shall be deliv- ered up and canceled. Sec. 2. The sale and transfer of the Liberal Arts 390 WOKLd's COLUMBIAN EXPOSITION. and Manufactures Building is upon tlie condition that if the City of Chicago shall elect to purchase of the World's Columbian Exposition the said building, the sale and transfer to the South Park Commissioners thereof shall become null and void, provided such election shall be made prior to the first day of May, 1894, and if the City of Chicago shall not elect to pur- chase said building prior to that date, then the title to the same in the South Park Commissioners shall be- come absolute. Sec. 3. The sale and transfer of said buildings is upon the further condition that said buildings are to remain in control of and be at the risk of the World's Columbian Exposition until the exhibits or other prop- erty not belonging to the World's Columbian Exposi- tion and for which the World's Columbian Exposition is responsible, are entirely removed from such build- ings, each building, however, to be turned over to the South Park Commissioners as soon as such property is removed therefrom; but all such buildings must be vacated and turned over to the South Park Commis- sioners on or before the first day of May, 1895. And while said buildings shall remain in control of the World's Columbian Exposition, it shall indemnify and save harmless the South Park Commissioners from all liability for accidents therein and from all damages of all kinds on account of said buildings or the occu- pancy thereof. Sec. 4. This ordinance is passed upon the express condition that all the buildings and constructions upon the north eighty-four acres of Jackson Park and upon the Midway Plaisance not conveyed to the South Park world's COLUMBIAN EXPOSITION. 391 Commissioners shall be removed prior to the first day of May, 1894, and all such buildings and constructions wliicli shall not be removed before that date shall be- come the property of the South Park Commissioners. Sec. 5. The World's Columbian Exposition shall have the right to remove the water and gas pipes, elec- tric wires and electric cables not included in the said schedule hereto annexed, all of such pipes, wires and cables to be removed in a careful and workmanlike manner, and all trenches and holes to be refilled and leveled, and all such water and gas pipes, wires and cables as shall not be removed in the north eighty-four acres of Jackson Park and Midway Plaisance prior to the first day of May, 1894, and in the remaining portion of Jackson Park prior to the first day of May, 1895, shall become the property of the South Park Commis- sioners. Schedule of buildings, constructions and personal property referred to in the foregoing ordinance. Liberal Arts and Manufactures Building. Agricultural Building. Electricity Building. Machinery Hall. Mines and Mining Building. Transportation Building. Forestry Building. Horticultural Building. Fine Arts Building. Administration Building. Woman's Building. Fisheries Building. Terminal Station, Music Hall, Casino and Peristyle. 392 WOKLd's COLUMBIAN EXPOSITION. Anthropological Building. Stock Pavilion. Colonnade. Dairy Building. Choral Hall. Shoe and Leather Building. Stock Barns. Service Buildings. Sewerage Building, with engines, boilers and all other appurtenances. Saw-mill. Engine-houses. Monastery or Convent of La Rabida. Greenhouse, west of Horticultural Building. Greenhouse, in south end of Jackson Park. All bridges and all statuary on bridges. Baud-stands. Piers. Walks and roadways, and all brick now or formerly used in walks. Statue of the Republic. Three road rollers. Grate bars in Horticultural Building. All tools and implements appertaining to the water, sewage and landscape departments. Arc light conductors. Twelve hundred lamp posts. Two hundred and ninety tons of pipe, 4-incli to 36- inch, in stock. Forty-three tons of special fittings in stock. Plumbers ' materials and tools on hand. Wrought iron pipe and fittings in stock. world's COLUMLUAN EXPOSITION". 393 Sewer pipe, man hole and catch l)asin covers in stock. One thousand vases, together with all the palms or plants of any description used therein during the ex- position. Included in buildings are all constructions apper- taining thereto which the Columbian Exposition is not required by contract to return to the owners. LIFE SAVING STATION. ORDINANCE AUTHORIZING THE MAINTENANCE OF A LIFE SAVING STATION IN JACKSON PARK. [PASSED JUNE S, 1892.] Whereas, By an ordinance passed by the South Park Commissioners on the nineteenth day of September, 1890, permission and authority were given to the World's Cohimbian Exposition, a corporation, to use Jackson Park and Midway Plaisance for the purposes of the World's Columbian Exposition upon the terms and conditions in said ordinance set forth, which said ordinance further provided that the said Park and Plaisance should be restored to the possession of the South Park Commissioners on the first day of January, 1894, and that all buildings and constructions should be removed from said Park and Midway Plaisance prior to the first day of May, 1895 ; and Whereas, the United States of America propose to make an exhibit at said Exposition, and as a part there- of propose to erect in Jackson Park a Life Saving Sta- tion; and Whereas, the L^nited States of America have applied to the South Park Commissioners for permission to maintain and operate said Life Saving Station in said Jackson Park after the possession of said park shall have been restored to the said Park Commissioners ; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. Permission and authority are hereby granted to the United States of America to retain and to maintain and operate said Life Saving Station and its appurtenances, after the possession of said Jack- (394) LIFE SAVING STATION. 395 son Park shall have been restored to the South Park Commissioners, upon that part of Jackson Park de- scribed as follows : Commencing at a point 2,452 feet N. and 2,332 ft. E. of the S. AV. corner of section 13-38- 14, which point is at the intersection of square lines "W" and "50" as shown on South Park Improvement Plans of Jackson Park, thence west 200 ft. to the water line of the artificial lake, thence northeasterly follow- ing the water line of said artificial lake to a point 270 ft. north of the place of beginning, thence south to the place of beginning, containing about 47,000 square feet. Sec. 2. Persons in the employ of the United States of America at or in connection with said Life Saving Station shall have full right of egress and ingress and shall have the right to transport necessary material and supplies thereto over Jackson Park under such rules and regulations as may be prescribed by the South Park Commissioners. Sec. 3. The said piece of land above described shall not be enclosed with any fence, wall or hedge, nor shall the lines thereof be indicated in any manner ex- cept as permitted by the South Park Commissioners. Sec. 4. The United States of America shall main- tain the above described piece of ground in such man- ner that it will, as nearly as possible, appear a part of the sarrounding park. Sec. 5. No intoxicating liquors shall be sold on said piece of land. Sec. 6. No bituminous coal shall be used for heat- ing or other purposes at said Life Saving Station, but only such combustibles shall be used as will produce the least smoke. 396 LIFE SAVING STATION. Sec. 7. This ordinance shall be accepted in writing by the United States of America by its proper officer within sixty days after its passage, otherwise it shall be null and void. Passed June 8, 1892. ORDINANCE AMENDING SECTION 1 OF AN ORDINANCE PASSED BY THE SOUTH PARK COMMISSIONERS ON THE EIGHTH DAY OF JUNE, 1892, GRANTING THE UNITED STATES OF AMERICA PERMISSION TO MAIN- TAIN AND OPERATE A LIFE SAVING STATION IN JACK- SON PARK. [PASSED JANUARY 20, 1904.] Whereas, By an ordinance passed by the South Park Commissioners on the eighth day of June, 1892,. the. United States of America was given permission to maintain and operate the Life Saving Station and its appurtenances upon that part of Jackson Park described as follows: Commencing at a point 2,452 feet North and 2,332 feet East of the Southwest corner of Section 13-38-14, which point is at the intersection of square lines "W" and ''50" as shown on South Park improve- ment plans of Jackson Park, thence West 200 feet to the water line of the artificial lake, thence Northeast- erly following the water line of said artificial lake to a point 270 feet north of the place of beginning, thence South to the place of beginning, containing about 47,000 square feet; and Whereas, Application has been made to the South Park Commissioners for jDermission to change the location of said Life Saving Station in Jackson Park; therefore BE IT ORDAINED BY THE SOUTH PARK COMAIISSIONERS : Section 1. That Section 1 of an ordinance entitled, LIFE SAVING STATION. 397 '^ Ordinance autlioriziug the maintenance of a Life Saving Station in Jackson Park," passed June 8, 1892, be, and the same is hereby amended to read as fol- lows : Section 1. Permission and authority are hereby granted to the United States of America to maintain and operate a Life Saving Station and its appurte- nances upon that part of Jackson Park described as follows: Commencing at a point 819 feet South and 3,004 feet East of the Northwest corner of Section 24-38-14, whicli point is 35 feet North and 32 feet West of the intersection of square lines 17 and D, as shown on the South Park Improvement plans of Jackson Park, thence on a line bearing North 25 degrees and 10 min- utes, East, 125 feet, thence on a line bearing South 64 degrees and 50 minutes, East, about 75 feet to the shore of the South Harbor in Jackson Park, thence Southwesterly along the shore line of the harbor to a point bearing South 64 degrees and 50 minutes East, from the place of beginning, thence North 64 degrees and 50 minutes West about 85 feet to the place of be- ginning, containing approximately 10,000 square feet. Sec. 2. This ordinance shall take effect and be in force from and after its passage and its acceptance in writing by the United States of America by its proper officer, providing such acceptance is filed with the Secretary of the South Park Commissioners within three months after its joassage, otherwise it shall be null and void. HOUSE OF CORRECTION. CONTRACT BETWEEN THE CITY OF CHICAGO AND THE SOUTH PARK COMMISSIONERS IN REGARD TO COM- MITMENT OF PERSONS IN THE HOUSE OF CORRECTION, DATED MAY 21, 1908. This agreement made an entered into this twenty- first day of May, A. D. 1908, between the City of Chi- cago, by its Board of Inspectors of tlie Honse of Cor- rection in the City of Chicago, party of the first part, and the South Park Commissioners, a board of public park commissioners in the City of Chicago, State of Illinois, party of the second part, witnesseth : That the j^arty of the first part for and in considera- tion of the payments to be made as hereinafter pro- vided, hereby agrees to receive and keei3 in the House of Correction of said City of Chicago, any person or persons who may be sentenced or committed to said House of Correction by any court in the County of Cook, in the State of Illinois, for the violation of any ordinance of the said South Park Commissioners, or failure to pay the fine imposed for such violation ; and to keep such person or persons in said House of Cor- rection under the rules and regulations thereof, during the time specified in his or their warrants of commit- ment, respectively, except in cases where such person or persons may be sooner discharged by due process of law. And the party of the first part further agrees to furnish each person so received at and kept in said House of Correction, as aforesaid, necessary bedding and fuel and further agrees to serve every such person so confined in said House of Correction three times (398) HOUSE OF COERECTION. 399 each day with good food, well cooked and in sufficient quantity. And it is further agreed by the party of the first part that this agreement includes and applies to all persons, if any, now confined in said House of Cor- rection, by virtue of such a sentence or commitment, as aforesaid. And the party of the first part further agrees, that it will immediately, upon the receipt at said House of Correction of any warrant of commitment, under this agreement, remit a copy thereof to the superintendent of the said South Park Commissioners; and the said party of the first part shall, at least once in three (3) months, furnish to the party of the second part a true and correct statement of the number of persons con- fined in said House of Correction under a warrant of commitment for violation of any ordinance of the said South Park Commissioners, and the number of days that the said person or persons have been confined therein for the said period. In consideration of the foregoing agreement and undertaking of the party of the first part, the party of the second part hereby agrees to pay to the party of the first part at the rate of Forty ($.40) Cents per day for each person, if any, now confined in said House of Correction under such a sentence or warrant of commitment as aforesaid, and for each person who may, during the term of this contract, be sentenced or committed, as aforesaid, to said House of Correction. The payments herein agreed upon shall be made as follows, to-wit: On the first days of July, October. January and April next ensuing, in full of all amounts due under this contract at the time of said dates, re- spectively. 400 HOUSE OF CORRECTIOiSr. It is further mutually agreed by and between the parties hereto that this contract shall be in full force and etTect from the date of this agreement until the first day of January, A. D. 1809, and thereafter until a new agreement is entered into between the parties hereto and until the expiration of the full term of im- prisonment of any person received into said House of Correction under this agreement. In witness whereof, the party of the first part has caused these presents to be signed by the Board of In- spectors of its House of Correction, countersigned by its Comptroller, and approved by its Mayor, and the said party of the second part has caused these presents to be signed by its President and its corporate seal to be hereto affixed and attested by its Secretary the day and year first above written. City of Chicago, By George Mason. John Sloan, s. eoger touhy, Board of Inspectors of the House of of Correction. Countersigned : Walter H. Wilson, Comptroller. Approved : Fred A. Busse, Mayor. South Park Commissioners, By Henry G. Foreman, President. Attest : E. G. Shumway, Secretary. LANDS. LANDS TAKEN FOR PARK PURPOSES. RESOLUTION PASSED MAY 5, 1869. Whereas, John M. Wilson, George W. Gage, Chaun- cey T. Bowen, Leverett B. Sidway and Paul Cornell, Sontli Park Commissioners, did, on the fourth day of May, A. D. 1869, personally examine the lands de- scribed in the South Park Act, as modified by the act supplemental to and amendatory of said act, and being all present at the meeting now being held at the office of the Board, on this fifth day of May, A. D. 1869. On motion of George W. Gage, seconded by Chauncey T. Bowen, it was unanimously Resolved, that they do now select the lands desig- nated in said act, as modified by said act supplemental and amendatory for said South Parks, said lands being described as follows : "Commencing at the southwest corner of Fifty-first street and Cottage Grove avenue, running thence south, along the west side of Cottage Grove avenue to the south line of Fifty-ninth street; thence east along the south line of Fifty-ninth street, to the east line of Hyde Park avenue; thence north on Hyde Park avenue to Fifty-sixth street; thence east along the south line of Fifty-sixth street to Lake Michigan; thence southerly along the shore of the lake to a point due east of the center of section twenty-four (24), in township thirty- eight (38) north, range fourteen (14) ; thence west through the center of said section twentj^-four (24) to Hyde Park avenue; thence north on the east line of (^01) 402 LANDS. Hyde Park avenue to the north line of Sixtieth street, so called; thence west on the north line of Sixtieth street, so called, to Kankakee avenue; thence north on the east line of Kankakee avenue to Fifty-first street ; thence east to a point to the place of beginning. Also a piece of land commencing at the northeast corner of Kankakee avenue and Fifty-fifth street, run- ning thence west, a strip two hundred feet wide, south of and adjoining the north line of said Fifty-fifth street along said Fifty-fifth street to the line between ranges thirteen (13) and fourteen (14) east; thence north, east of and adjoining said line a strip two hun- dred (200) feet wide to the Illinois & Michigan Canal; Also a parcel of land beginning at the southwest cor- ner of Douglas Place and Kankakee avenue, running thence south a strip of land 132 feet wide, along the west side of said Kankakee avenue, to a point 150 feet south of the south line of Fifty-first street; Also a strip of land commencing at the intersection of C^ottage Grove avenue and Fifty-first street, running thence east 100 feet in width on each side of center line of Fifty-first street, to a point 100 feet east of the center line of Drexel avenue; Also a strip of land extending north from the inter- section of Fifty-first street with Drexel avenue, 100 feet in width, on each side of the center line of said avenue to the north line of Forty-third street; thence northerly,' a strip of land 200 feet in width, till it meets or intersects with Elm street, in Cleaverville ; thence northerly along said Elm street, 200 feet in width, west from the east line of said street to its intersection with Oakland avenue; said lands situate in and being a part of sections two (2), three (3), six (6), seven (7), LANDS. 403 eleven (11), fourteen (14), sixteen (16), seventeen (17) and eighteen (18), the southeast quarter of section (10) and all of fractional section thirteen (13), except the north twenty-four 63-100 acres, the northeast quarter of section fifteen (15) ; the north half of section twenty- four (24), in township thirty-eight north, range four- teen east, and parts of sections tliirty-one (31) and thirty-four (34), in township thirty-nine (39) north, range fourteen (14) east. ALTERATION IN BOUXDAEY LINES. RESOLUTION PASSED MAY Sth, 1S72. Whereas in the opinion of this Board, it is desirable to make certain alterations or changes in the location and boundary lines of the park laid out and established under the provisions of the Act of the General As- sembly of this State, approved February 24th, 1869, entitled ''An Act to provide for the location and main- tenance of a park for the Towns of South Chicago, Hyde Park and Lake," and the Act amendatory of and supplementary to the first mentioned Act, which altera- tion and changes are severally as follows : First. An alteration or change in the boundary lines of all that portion of said park lying west of a line 466 7-10 feet east of and parallel to the range line be- tween ranges 13 and 14 east of the third principal meri- dian. Instead of the lines heretofore established, the boundary lines of all that portion of the said park lying west of the line above indicated, shall be as follows: Commencing at a point on the north line of Fifty-fifth street 466 7-10 feet east of the range line between 404 LANDS. ranges 13 and 14 aforesaid, rmining thence north on a Ime parallel to said range line 366 7-10 feet; running thence west on a line parallel to the north line of Fifty- fifth street, 366 7-10 feet; running thence north on a line east of and parallel to the aforesaid range line and 100 feet distant therefrom, to the south line of Egan avenue; running thence west along the south line of Egan avenue and the same line extended west 200 feet; running thence south on a line west of and parallel to the aforesaid range line and 100 feet distant therefrom, to a point 366 7-10 feet north of the north line of Fifty- fifth street extended; running thence west on a line parallel to the north line of Fifty-fifth street extended 366 7-10 feet; running thence south on a line parallel to the aforesaid range line 933 4-10 feet ; running thence east on a line parallel to the north line of Fifty-fifth street extended 933 4-10 feet ; running thence north on a line parallel to the aforesaid range line 566 7-10 feet to the place of beginning. Second. In addition to the land now embraced with- in the park limits in the south half of section 34, town- ship 39 north of range 14, east of the third principal meridian, and in section 3 and the north half of section 10, township 38, north of range 14, east of the third principal meridian, there shall be annexed to and in- cluded within the boundaries of the said park, all that joortion of Kankakee avenue, now or lately so called, which lies between the south line of Douglas Place and the south line of Fifty-first street; and also all that portion of lots nine (9), ten (10), and eleven (11), in Lavinia's Subdivision of the south half of the south half of the northeast quarter of section ten (10) town- LANDS. 405 ship 38 north, range l-t east of the third principal meridian, lying west of a line drawn across said lots parallel to the east line of said Kankakee avenue and one Inmdred and fifty feet east of and distant there- from; and also all that portion of Fifty-first street lying sontli of and adjoining said last described parcel of ground. Third. In addition to the lands now embraced with- in the park limits lying south of Fifty-sixth street and east o'f the Illinois Central Eailroad, there shall be an- nexed to and included within the boundaries of the said park a strip of ground extending east from the east line of the Illinois Central Eailroad Company's "right of way" fifty feet in width on each side of the center line of Fifty-seventh street to the east line of Hyde Park avenue. Fourth. In addition to the lands now embraced within the park limits, lying at or near the intersection of Cottage Grove avenue with Fifty-first street, there shall be annexed to and included within the boundaries of the said park, the north half of block nine (9) in Drexel and Smith's subdivision of the west half of the northwest quarter and the west half of the west half of the southwest quarter of section eleven (11), town- ship 38 north of range 14 east of the third principal meridian. Fifth. There shall also be annexed and included within the boundaries of the said park a strip of land fifty (50) feet in width on each side of a line com- mencing at the intersection of the east line of Kanka- kee avenue, now or lately so called, with the center line of Oakwood avenue in the Town of Hyde Park, run- 406 LANDS. ning thence easterly along tlie center line of said Oak- wood avenue, as tlie same is laid out, to a point directly opposite the southeast corner of lot eleven (11) in block one (1) in Cleaverville addition, and running thence due east to Cottage Grove avenue; also all that part of lot one (1) in block four (4) in Cleaverville addition lying north of the strip of land above de- scribed; also all that portion of said Oakwood avenue lying between Cottage Grove avenue and Kankakee avenue aforesaid. Therefore, be it EeSolved, That an ai3plication be made by petition to the "Circuit Court of Cook County" pursuant to the provisions of the statute in such case made and provided for an order granting leave to the said board of South Park Commissioners to make the several alterations and changes in the loca- tion and boundary lines of the said park which are above specified, and empowering the said board to ac- quire by purchase or condemnation such additional lands as the several alterations and changes aforesaid shall render necessar}'. And it is hereby directed that the attorneys of the l>oard cause said application to be made immediately and due notice thereof to be pub- lished according to law. OEDER IN THE CIRCUIT COURT. ENTERED OF RECORD ON ^L\Y 20, 1S72. APPLICATION OF THE SOUTH PARK COMMISSIONERS FOR LEAVE TO ^lAKE CERTAIN ALTERATIONS OR CHANGES IN THE LOCATION AND BOUNDARY LINES OF THE SOUTH PARK. And now on this twentietii day of May, A. D. 1872, being the first day of the May term of the said Circuit Court, come the Board of South Park Commisssioners, a body politic and corporate, duly organized under the laws of the State of Illinois, having control and super- vision of the public park located and established in the towns of South Chicago, Hyde Park and Lake, in said County of Cook, pursuant to the provisions of the Act of the General Assembly of the State of Illinois, ap- proved February 24th, A. D. 1869, entitled ''An Act to provide for the location and maintenance of a park for the towns of South Chicago, Hyde Park and Lake," and the Act approved April 16th, 1869, amendatory of and supplementary to the first mentioned Act, and also in pursuance of a vote of the people of said towns of South Chicago, Hyde Park and Lake, at an election duly and lawfully- held in each of said towns on the fourth Tuesday of March, A. D. 1869, at which elec- tion a majority of the legal voters of each of said towns A^oted in favor of the said park and of the ratifi- cation and adoption of the Act of the General As- sembly first above mentioned: and present to the said court their petition in writing, therein and thereby praying that an order may be made by the said Circuit Court granting leave to said South Park Commission- ers to make certain alterations or changes in the loca- ■iyjo LANDS. tioii and boundary lines of tlie said park, which altera- tions and changes are therein particnlarly set forth and are severally as follows: First. An alteration or change in the location and boundary lines of all that portion of the said park lying- west of a line 466 7-10 feet east of and parallel to the range line between ranges 13 and 14 east of the third principal meridian. Instead of the lines hereto- fore established, the boundary lines of all that portion of the said park lying west of the line above indicated, shall be as follows : Commencing at a point on the north line of Fifty-fifth street 466 7-10 feet east of the range line between ranges 13 and 14 aforesaid, run- ning thence north, on a line parallel to the said range line, 366 7-10 feet, running thence west, on a line par- allel to the north line of Fifty-fifth street, 366 7-10 feet ; running thence north, on a line east of and parallel to the aforesaid range line and 100 feet distant there- from, to the south line of Egan avenue ; running thence west, along the south line of Egan avenue and the same line extended west, 200 feet; running thence south, on a line west of and parallel to the aforesaid range line, and 100 feet distant therefrom, to a point 366 7-10 feet north of the north line of Fifty-fifth street extended; running thence west, on a line parallel to the north line of Fifty-fifth street extended, 366 7-10 feet; running thence south, on a line parallel to the aforesaid range line, 933 4-10 feet; running thence east, on a line par- allel to the north line of Fifty-fifth street extended, 933 4-10 feet ; running thence north, on a line parallel to the aforesaid range line, 566 7-10 feet to the place of beginning. Second. In addition to the laflds now embraced LANDS. 409 within tlie park limits lying in tlie south half of sec- tion 34, township 39 north of range 14 east of the third principal meridian and in section 3, and the north half of section 10, township 38 north of range 14 east of the third principal meridian, there shall be annexed to and included within the boundaries of said park, all that portion of Kankakee avenue, now or lately so-called, which lies between the south line of Douglas Place and the south line of Fifty-first street, and also all that por- tion of lots nine (9), ten (10), and eleven (11), in Lavinia's subdivision of the south half of the south half of the northeast quarter of section 10, township 38 north of range fourteen east of the third principal meridian, lying west of a line drawn across said lots, parallel to the east line of said Kankakee avenue and also all that portion of Fifty-first street lying south of and adjoining said last described parcel of ground. Third. In addition to the lands now embraced with- in the park limits south of Fifty-sixth street and east of the Illinois Central Railroad, there shall be annexed to and included within the boundaries of the said park, a strip of ground extending east from the east line of the Illinois Central Railroad Company's "right of way" 50 feet in width on each side of the center line" of Fifty-seventh street to the east line of Hyde Park avenue. Fourth. In addition to the lands now embraced within the park limits lying at or near the intersection of Cottage Grove avenue with Fifty-first street there shall be annexed to and included within the boundaries of the said park, the north half of block nine (9) in Drexel and Smith's subdivision of the west half of the northwest quarter and the west half of the west half of ■iW LANDS. the southwest quarter of section 11, township 38 north of range 11 east of the third principal meridian. Fifth. There shall also be annexed to and included within the boundaries of the said park a strip of land 50 feet in width on each side of a line commencing at the intersection of the east line of Kankakee avenue, now or lately so-called, with the center line of Oak- wood avenue, in the town of Hyde Park, running thence easterly along the center line of said Oakwood avenue, as the same is now laid out, to a point directly opposite to the southeast corner of lot eleven in block one in Cleaverville addition and running thence due east to Cottage Grove avenue; also all that part of lot one in block four in Cleaverville addition lying north of the strip of land above described and also all that portion of said Oakwood avenue lying between Cottage Grove and Kankakee avenue aforesaid. And it appearing to the court that due and legal no- tice of the said application has been given by the said South Park Commissioners by publication in the Chi- cago Evening Journal, a newspaper of general circu- lation published in the City of Chicago in said County of Cook, according to the provisions of the statute in such case made and provided, and the court having duly considered the said petition, and carefully exam- ined and investigated the several alterations and changes in the location and boundary lines of the said park specified and prayed for in the said petition ; and after hearing all persons interested who appeared hav- ing come to the conclusion that the several alterations or changes in the location and boundary line of the said park above specified and set forth would be for the public interest. It is thereupon eonsldered, and ordered LANDS. 411 hy said Court, no persons appearing to object thereto, that leave be and the same is hereby granted to the said South Park Commissioners to make the several alterations or changes in the location and boundary- lines of the said j)ark prayed for in the said petition and hereinbefore particularly specified and set forth. And it is further considered and ordered hy the Court that full power and authority be, and the same is hereby granted to the said South Park Commission- ers to acquire by purchase, or by condemnation under any law of the state for acquiring lands for public use, all such additional land as shall be required to make and carry into effect the several alterations or changes aforesaid. CHANGES IN THE BOUNDARY LINES OF THE SOUTH PARKS. RESOLUTION OF SOUTH PARK COMMISSION- ERS, PASSED JUNE 28, 1S72. Eesolved, That the following alterations or changes in the location of the boundary lines of the South Park, authorized by the Circuit Court of Cook County, upon the petition of the South Park Commissioners pre- sented to said court on the twentieth day of May, 1872, be and the same are hereby adopted, to-wit : First. In addition to the lands now embraced with- in the park limits lying in the south half of section 34, township 39 north, range 14, east of the third principal meridian, and in section 3, and the north half of section 10, township 38 north, range 14, east of the third prin- cipal meridian, there shall be annexed to and included within the boundaries of the said park, all that portion of Kankakee avenue, now or lately so called, which lies 412 LANDS. between the sontli line of Donglas Place and the south line of Fifty-first street, and also all that portion of lots nine (9), ten (10) and eleven (11), in Lavinia & Co.'s subdivision of the south half of the south half of the northeast quarter of section ten (10), township 38 north, range 14, east of the third principal meridian, lying west of a line drawn across said lots parallel to the east line of Kankakee avenue, and one hundred and fifty feet east of and distant therefrom; and, also, all that portion of Fifty-first street, lying south of and adjoining said last described parcel of ground. Second. In addition to the lands now embraced within the park limits, lying south of Fifty-sixth street and east of the Illinois Central Eailroad, there shall be annexed to and embraced within the boundaries of said park, a strip of ground extending east from the east line of the Illinois Central Eailroad Company's "right of way," 50 feet in width on each side of the center line of Fifty-seventh street to the east line of Hyde Park avenue. Third. In addition to the lands now embraced with- in the park limits, lying at or near the intersection of Cottage Grove avenue with Fifty-first street, there shall be annexed to and included within the boundaries of the said park, the north half of block nine (9), in Drexel and Smith's ^subdivision of the west half of the northwest quarter, and the west half of the west half of the southwest quarter of section 11, township 3S north, range 14, east of the third principal meridian. Fourth. There shall be annexed to and included within the boundaries of the said park, a strip of land 50 feet in width on each side of a line commencing at the intersection of the east line of Kankakee avenue, LANDS. 413 now or lately so called, with the center line of Oakwood avenue, in the town of Hyde Park; running thence easterly along the center line of said Oakwood avenue, as the same is now laid out, to a point directly oppo- site to the southeast corner of lot eleven (11), in block one (1), in Cleaverville addition, and running tlience due east to Cottage Grove avenue; also all that part of lot one (1), in block four (-l), in Cleaverville addition, lying north of the strip of land above described: and also all that portion of said Oakwood avenue lying be- tween Cottage Grove avenue and Kankakee avenue, aforesaid, and be it further Eesolved, that a map showing the aforesaid altera- tions or changes, be forthwith made, acknowledged and filed for record, in the office of the Eecorder of Deeds of the County of Cook.