w •
BLOOMINGTON & NORMAL
RAILWAY, ELECTRIC AND HEATING
COMPANY,
BLOOMINGTON, ILLINOIS.
FRANCHISES
GRANTS
ANO
CONTRACTS.
APRIL 1st, 1905.
STATE OF ILLINOIS
to the;
BLOOMINGTON & NORMAL HORSE RAILWAY CO-
Special Charter—February 19, 1867. «
AN ACT—To Incorporate the Bloomington and Normal Horse Rail¬
way Company.
Section I. Be it enacted by the People of the State of
Illinois, represented in the General Assembly: That John
L. Routt, Nor val Dixon, Lyman Ferre, Warren C. Wat-
kins, Jesse W. Fell, Owen T. Reeves, W. A. Pennell, C. G.
Bradshaw, J. A. Wilson, R. H. Holder, and all such persons
that shall become stockholders in the company hereby incor¬
porated, shall be a body corporate and politic, by the name
and style of "The Bloomington and Normal Horse Railway
Company," and under that name and style shall be capable
of suing and being sued, impleading and being impleaded,
defending and being defended- against in law and equity, in
all courts and places whatsoever, in like manner and as fully
as natural persons. Said corporation may make, have and
use a common seal and change, alter, and renew the same at
pleasure, and by its corporate name and style shall be ca¬
pable in law of contracting and being contracted with, and
shall be and hereby is vested with all the powers, privileges,
franchises, and immunities, including the right of acquiring
by purchase or otherwise, and holding and conveying all
such real estate and personal property as may be needful or
convenient to fully carry out and into effect the purposes and
objects of this act. The corporation hereby created shall
continue for a period of fifty years.
Sec. 2. The said corporation is hereby authorized and
empowered to construct, maintain, and operate a single or
double track railway, for the transportation of persons or
property, with all convenient side tracks and turnouts and
appendages, in, over, on and along any and all street or
USkéfLL- 711 U «
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2
streets, highway or highways, bridge or bridges, within the
present or future limits of the city of Bloomington, and
"towns of Bloomington and Normal; and also in, over, on
and along any and all street or streets, highway or highways,
bridge or bridges, within the present or future limits of the
village of Normal, in the county of McLean, and state of
Illinois, in such manner as shall not obstruct the public travel
over, on and along said street or streets, highway or high¬
ways, bridge or bridges, and from time to time change, alter,
enlarge and extend the location thereof, and to cross the
track or tracks of any other-railroad or railroads upon any
of its routes; Provided, that said corporation shall, before
laying down any track or tracks of said railway or railways
in the city of Bloomington, or village of Normal, procure the
consent of the City Council of said city of Bloomington, or
of the corporate authorities of the village of Normal to the
laying down of such track or tracks; Provided, further,
that the line of said railway from the city of Bloomington
to the village of Normal, shall pass at or near the crossing
of the Illinois Central and Chicago and Alton railroads ; and
that said company shall complete a single track railway from
the court house square, in the city of Bloomington, to the
village of Normal, in one year from the time when the City
Council of said city of Bloomington shall give their consent
to the laying down of such track from the court house square
to the northern limits of said city. Upon the organization
of said company as hereinafter provided, the said corpora¬
tion shall have the exclusive right for twenty years to con¬
struct, maintain, and operate horse railways in the present
and future corporate limits of the village of Normal, and
in all that part of the town of Normal, McLean county, not
included in the present limits of the city of Bloomington.
Se)C. 3. The cars or carriages of said railway company
shall not be propelled by other than animal power, without
the consent of the common council of the city of Blooming¬
ton, and the corporate authorities of the village of Normal.
8
Sec. 4. The capital stock of said company shall be fifty
thousand dollars, and may be increased from time to time at
the pleasure of said corporation. It shall be divided into
shares of one hundred dollars each, and shall be issued and
transferred in such manner and upon such conditions as the
Board of Directors may direct.
Sec. 5. All the corporate powers of said company shall
be vested in and exercised by a Board of Directors, and such
officers and agents as they shall appoint. The first Board of
Directors shall consist of the said John L. Routt, Norval
Dixon, Lyman Ferre, Warren C. Watkins, Jesse W. Fell,
Owen T. Reeves, W. A. Pennell, C. G. Bradshaw, J. A.
Wilson, R. H. Holder, and thereafter of not less than three
nor more than six stockholders, who shall be chosen every
year by the stockholders, each share of stock having one
vote, to be given by the holder thereof, in person or by
proxy; such directors to continue in office until their suc¬
cessors are elected and qualified.
Sec. 6. The said corporation, by its Board of Directors,
to make, ordain, and establish all such by-laws, rules and
regulations as said directors shall deem needful and expedi¬
ent to carry into effect the purpose of this act, and for the well
ordering, regulation, and management of the affairs and
business, and interests of said company: Provided, the same
shall not be repugnant to this act, or the laws and constitu¬
tion of this state or the United States. The said directors
shall have power to levy and collect such rates of toll for the
transportation of persons and property as they may deem
best : Provided, that said corporation shall never charge
more than ten cents for carrying a passenger over any of
the lines of said railway.
Sec. 7. The said corporation is hereby authorized and
empowered to borrow from time to time such sums of money
as in the opinion of its Board of Directors may be deemed
necessary to aid in the construction and equipment of said
railway or railways, and to pay interest thereon not exceed-
4
in g ten per cent, and to pledge or mortgage the said railway
or railways or any part thereof, or any other property be¬
longing to said company, as security for any loan of money
or interest thereon, and to issue bonds of said company for
such loan on such terms and at such rates as the Board of
Directors may determine.
Sec. 8. The said company may organize whenever
twenty thousand dollars shall have been subscribed to its
capital stock, and five per cent thereof paid in.
Sec. 9. This act shall be deemed and held to be a public
act, and shall be in force from and after its passage.
Approved February 19, 1867.
CITY OF BLOOMINGTON
TO THE
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
March 26, 1867.
ORDINANCE.
Be it ordained by the City Council of the City of Blooming-
ton:
Section i. That the consent of said City Council is
hereby granted to the "Bloomington and Normal Horse
Railway Company" to lay down, maintain and operate a
single or double track railway, with all convenient side¬
tracks, turn-outs and appendages in and upon the following
streets of said city, to-wit :
Main street the entire length.
Washington street the entire length.
Front street the entire length.
Chestnut street the entire length.
Prairie street north of Front street.
Center street the entire length.
And any street north of Chestnut street to the city limits.
SEC. 2. The said railway may be constructed on the sur-
5
face of the streets as they now are : Provided, that said rail¬
way company may alter the surface of such streets, where
in their opinion necessary, but in any such alteration they
shall make the surface of such streets at the point where
altered conform more nearly to the established grade of such
streets than it now does : Provided, further, that whenever
the said City Council shall desire to bring any street upon
which said railway tracks may have been laid down or up
to the established grade of such street, then the said railway
company shall at their own expense bring so much of said
street as they shall occupy to said established grade, as rap¬
idly as the city shall bring the rest of such street to grade.
The said railway company shall so construct their railway
over said streets as not in any manner to interfere with the
drainage of said city.
Sec. 3. The track of said railway shall be laid in the
center of the street wherever said track is laid between Mul¬
berry and Olive streets and between Madison and Prairie
streets. In all other places said track may be laid on any
portion of the street not less than ten feet from either side
on all streets eighty feet wide, and not less than eight feet
from either side, on all streets less than eighty feet wide.
Said track shall not be elevated above the surface of the
street, as the surface now is, or shall be made as hereinbefore
provided, and said track shall be laid in such manner as not
to obstruct the public travel.
Sec. 4. Said railway company shall keep in repair the
streets upon which said track is laid, to the distance of three
feet and six inches each way from the center of said track,
and whenever any street upon which such track shall be laid
shall be planked, paved, macadamized or otherwise im¬
proved, said company shall be at all the necessary expense
of such planking, paving, macadamizing or otherwise im¬
proving the portion of said street occupied by them for the
purpose aforesaid. >
sec. 5. Said railway company shall be liable to pay to
6
said,city or to individuals all damages resulting from the
carelessness or negligence of any employee of said company,
either in the construction, repairing or running of the said
road.
Sec. 6. Said railroad company shall select any street or
streets upon which they desire to build a railway and report
the same to the City Council, on or before the first day of
January, A. D. 1869, and if the said company shall neglect
or fail to construct a railway upon any of the streets so se-
lected, for the space of three years from the first of April,
1867, all privileges granted herein so far as they relate to
streets upon which they do not, during the three years from
and after April 1, 1867, construct a railway, shall be for¬
feited.
Sec. 7. This ordinance to be in force from and after its
publication.
Approved March 26, 1867.
I, C. C. Hassler, City Clerk of the city of Bloomington,
do hereby certify that the foregoing is a true and correct
copy of the ordinance of the said city of Bloomington, ap¬
proved March 26, 1867; that the original is now on file in
the office of said clerk ; that I am keeper of the same and
that it is recorded in the records of the City Council for the
fiscal year ending April 30, 1867.
Witness my hand and seal of the city of Bloomington,
this 13th day of June, A. D. 1901.
C. C. HASSLER, City Clerk.
( Seal. ) By W. F. CrawEord, Ass't.
7
CITY OF BLOOMINGTON
To The)
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
March 24, 1883.
ORDINANCE—For Permission to Extend the Bloomington and Nor¬
mal Horse Railway Company.
Be it ordained by the City Council of the City of Blooming-
ton:
Section i. That the said city council hereby grants to
the Bloomington and Normal Horse Railway Company, per¬
mission to lay down and operate a single track railway with
necessary turnouts in and upon Chestnut street, from Main
street in said city, to the east line of the Chicago and Alton
railway track: Provided, said track is to be single and in
the center of the street, and is to be commenced by actual
work on the street by May 1, 1883, and completed on or
before September 1, 1883, that only a flat or tram rail is to
be used in constructing or maintaining said street railway,
and that no steam, or other than horse or mule power, is to
be used in operating the cars upon said track.
Sec. 2. That said street railway, if constructed, shall
be constructed, maintained and operated on the same terms
and conditions (except as hereinabove changed and modi¬
fied) subject to the same duties and penalties as it prescribed,
imposed and granted to said street railway company in lay¬
ing down, maintaining and operating a street railway track
in the city of Bloomington, in an ordinance approved March
26, 1867, except as to such changes as are herein made.
SEC. 3. This ordinance to be in force from and after its
publication.
Approved March 24, 1883.
I, C. C. Hassler, City Clerk of the said city of Bloom¬
ington do hereby certify that the foregoing is a true and
correct copy of the ordinance of the said city of Blooming-
8
ton approved March 24, 1883; that the original is now on
file in my office, that I am keeper of the same and that it is
recorded in the records of the City Council for the fiscal year
ending April 30, 1883.
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
CITY OF BLOOMINGTON
to
MATTHEW T. SCOTT, JAMES B. STEVENSON
AND JOHN C. STEVENSON AND ASSIGNS.
April 5, 1884.
ORDINANCE—For Permission to Build a Horse Railway on East
Front street
Be it ordained by the City Council of the City of Blooming-
ton:
Section i. That said City Council hereby grants to
Matthew T. Scott, James B. Stevenson, John C. Stevenson,
and their assigns, permission to lay down and operate a sin¬
gle track railway 011 Front from Main street east to the
center of Robinson street, thence south on Robinson street
to the center of Grove street, thence east on Grove street to
the second switch or turnout of the Illinois Central Railroad,
on the line and in the manner and on the conditions fol¬
lowing :
The center line of said railway shall be in the middle of
said streets ; and the road-bed between the rails shall be paved
with block stone or brick on all parts of the line where
said streets are now or shall hereafter be paved; the gauge
of said railway shall be the standard gauge of four feet
9
eight and one-half inches; the rails of said railway shall
be of steel or iron and only flat or tram rails shall be used,
the flat surface 011 the upper side of the rails to be not less
than three inches in width inside of the gauge.
Sec. 2. The said railway may be constructed on the sur¬
face of said streets as they now are: Provided, that said
Matthew T. Scott, James B. Stevenson and John C. Steven¬
son, or their assigns, may by procuring the special consent of
the Cityv Council therefor, alter the surface of said streets
where in their opinion necessary; but in any such alterations
shall make the surface of said streets, at the point where
altered, conform more nearly to the established grade of said
streets than it now does ; and provided farther, that when
ever the said City Council shall desire to bring any part of
said streets upon which said railway track may have been
laid, down or up to the established grade of said streets,
then the said Matthew T. Scott, James B. Stevenson and
John C. Stevenson, and assigns, shall at their own expense
bring so much of said street as they shall occupy to said
established grade as rapidly as the city shall bring the rest of
said street to grade; and-the said city may at any time change
the established grade of said streets, or any part thereof, and
the said Matthew T. Scott, James B. Stevenson and John C.
Stevenson, and assigns, shall at their own expense make
said railway conform to the surface of said streets, as the
same may be when brought to such new grade ; and the said
Matthew T. Scott, James B. Stevenson and John C. Steven¬
son, and their assigns, shall so construct said railway over
said streets as not in any manner to interfere with the drain¬
age of said city; and the said railway track shall not be ele¬
vated above the surface of said streets as the surface now is
or shall be made as hereinbefore provided; and said track
shall be laid in such a manner'as not to obstruct public
travel.
Sec. 3. Said Matthew T. Scott, James B. Stevenson
and John C. Stevenson, and their assigns, shall keep in re-
10
pair the said streets upon which said track is laid to the dis¬
tance of three feet six inches each way from the center of
said track; and whenever any portion of said street shall
be planked, paved or macadamized, or otherwise improved,
the said Matthew T. Scott, James B. Stevenson and John
C. Stevenson, and their assigns, shall be at all necessary ex¬
pense of such planking, paving, macademizing, or otherwise
improving that portion of said streets occupied by said rail¬
way.
Sec. 4. Said Matthew T. Scott, James B. Stevenson
and John C. Stevenson, and their assigns, shall be liable to
pay to said city or the individuals all damages, judgments
and costs thereon, resulting from the carelessness or negli¬
gence of the said Matthew T. Scott, James B. Stevenson arid
John C* Stevenson, or their assigns, or any employe of said
Matthew T. Scott, James B. Stevenson, John C. Stevenson,
or their assigns, either in the construction, repairing or run¬
ning of said railway; and no steam or other than horse or
mule power shall be used in operating the cars upon said
railway.
Sec. 5. And said Matthew T. Scott, James B. Stevenson
John C. Stevenson, and their assigns, shall not demand,
charge or receive more than five cents for carrying any pas¬
senger on said railway one continuous trip its entire length,
or any part thereof ; and they, or their assigns, shall not de¬
mand, receive or charge more than five cents for carrying
any passenger one continuous trip to or from any point in
the corporate limits of said city, to or from any other point
in said limits 011 said railway or on said railway and other
street railway connected therewith.
SEC. 6. The building of said railway shall be com¬
menced by actual work on said street railway on or before
the first day of May, A. D. 1884, and the entire line shall
be completed and open for public travel on or before the
first day of October, A. D. 1884; and in case said Matthew
T. Scott, James B. Stevenson and John C. Stevenson, or
11
their assigns, shall fail to build and complete said railway in
the time above limited, all their rights under this ordinance
shall be forfeited.
Sec. 7. This ordinance shall be in force only by the
filing by said Matthew T. Scott, James B. Stevenson and
John C. Stevenson, in the office of the'City Clerk of said
city, their acceptance in writing of the terms of this ordi¬
nance, unconditionally, within ten days from the passage of
this ordinance.
Approved this 5th day of April, 1884.
J. W. TROTTER, Mayor.
Attest : S. W. Waddle, City Clerk.
To the Honorable, The Mayor, and the City Council of the
City of Bloomington :
Gentlemen :—We hereby accept, unconditionally, the
terms of an ordinance passed by the City Council, of the
city of Bloomington, Illinois, April 4, 1884, and approved
April 5, 1884, granting us the right of way for the construc¬
tion of a street railroad on Front, Robinson and Grove
streets in said city.
MATTHEW T. SCOTT,
JOHN C. STEVENSON,
J. B. STEVENSON,
Bloomington, 111., April 5, 1884.
For value received, we hereby assign to the Bloomington
& Normal Horse Railway Co., all the rights, privileges and
franchises granted to us by the City Council of the city of
Bloomington, Illinois, by ordinance approved April 5, 1884,
for the construction of a street railway on Front, Robinson
and Grove streets, in said city, provided that the said
Bloomington & Normal Horse Railway Company shall
faithfully observe and comply with all the requirements and
12
instructions of said ordinance and shall hold us harmless
from any of the consequences of failure so to do.
Bloomington, 111., April 5, 1884.
MATTHEW T. SCOTT,
JOHN C. STEVENSON,
JAS.'B. STEVENSON,
Filed April 5, 1884
SamT W. WaddfE, City Clerk.
Filed Jan. 24th, 11 125 A.M. 1885.
132 of Deeds 218.
RESOLUTION.
by
THE CITY COUNCIL OF THE CITY OF BLOOM-
INGTON.
July 3, 1903.
By Aid. FarrEff.
Resolved, That the City Attorney be and is hereby in¬
structed to notify the Bloomington and Normal Street Rail¬
way Co. to place the pavement and their tracks along their
right of way, on East Front St., in suitable condition so
that traffic may be carried on over the same. Adopted.
Adopted July 3, 1903.
Council proceedings p. 131.
CITY OF BLOOMINGTON
to the
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
February 7, 1885.
ORDINANCE—For Permission to Build a Horse Railway on Wash¬
ington, Robinson and Front streets.
Be it ordained by the City Council of the City of Blooming-
ton:
Section i. That said City Council hereby grants to
13
the Bloomington and Normal Horse Railway Company,
and their assigns, permission to lay down and operate a
single track railway, with necessary turnouts, on Washing¬
ton, Robinson ancl Front streets, in said city, from the west
line of Towanda avenue west on Washington Street to Rob¬
inson, thence south on Robinson street to connect with the
street railway now laid on Front street on the line and in
the manner and on the condition following : The center line
of said railway shall be in the middle of said streets and the
road-bed between the rails shall be paved with block stone or
brick on all parts of the line where any of said streets are
now or shall hereafter be paved. The rails of said railway
shall be of steel or iron, and only flat or tram rails shall be
used, the flat surface on the upper side of the rails to be not
less than three inches in width, inside the gauge.
Snc. 2. The said railway may be constructed on the
surface of said streets as it now is : Provided, that said
Bloomington and Normal Horse Railway Company or as¬
signs, may, by procuring special permission of the City
Council therefor, alter the surface of said streets where in
their opinion necessary, but in any such alteration shall
make the surface of said streets, at the points where altered,
conform more nearly to the established grade of said streets
than it now does : and providedfurther, that whenever the
said City Council shall desire to bring any part of said
streets upon which said railway track may have been laid,
down or up to the established grade of said streets then the
said Bloomington and Normal Horse Railway Company,
or assigns, shall at their own expense, bring so much of said
streets as they shall occupy to said established grade as
rapidly as the said city shall bring the rest of said streets to
grade. And the city may, at any time, change the estab¬
lished grade of said streets, or any part thereof, and the said
Bloomington and Normal Horse Railway Company, or as¬
signs, shall at their own expense, make said railway conform
to the surface of said streets, as the same may be when
14
brought to such new grade. And the said Bloomington and
Normal Horse Railway Company, or assigns, shall so con¬
struct said railway over said streets as not in any manner to
interfere with the drainage of said city, and the said railway
track shall not be elevated above the surface of said streets
as the surface now is or shall be made, as hereinbefore pro¬
vided and said track shall not be laid in such manner as to
obstruct public travel.
Sec. 3. Said Bloomington and Normal Horse Railway
\
Company and assigns, shall keep in repair the said streets
upon which said railway track is laid, to the distance of three
feet and six inches each way from the center of said track,
and whenever any portion of said streets shall be planked,
paved, macademized or otherwise improved, said Blooming¬
ton and Normal Horse Railway Company and assigns, shall
be at all necessary expense of such planking, paving macad¬
amizing or otherwise improving that portion of said streets
occupied by said railway.
'Sec. 4. Said Bloomington and Normal Horse Railway
Company and assigns, shall be liable to pay to said city, or
to the individuals, all damages, judgments and costs thereon,
resulting from the carelessness or negligence of said Bloom¬
ington and Normal Horse Railway Company, and assigns,
or any employee of said Bloomington and Normal Horse
Railway Company, or assigns, either in the construction,
repairing or running of said railway and no steam or other
%
than horse or mule power, shall be used in operating the
cars upon said railway and the said Bloomington and Nor¬
mal Horse Railway Company and assigns, shall not de¬
mand, charge or receive more than five cents for carrying
any passenger on said railway its entire length, or any
part thereof, and they or their assigns, shall not demand,
charge or receive more than five cents for carrying any
passenger one continuous trip to or from any point in
the corporate limits of said city, or to or from any other
point in the said limits, on said railway, or on said rail¬
way and any other street railway connected therewith.
15
Séc. 5. The building of said railway shall be com¬
menced by actual work on or before the first day of May
A. D. 1885, and the entire line shall be completed and open
for public travel before the first day of October, A. D. 1885 :
Provided, that the Bloomington and Normal Horse Railway
Company or assigns, shall not leave any of said streets in
an unsuitable condition for use or travel for a longer time
than is reasonably necessary for building said railway, under
a penalty of five dollars for each day of unreasonable delay
in putting said street in good condition. - And in case said
Bloomington and Normal Horse Railway Company, or as¬
signs, shall fail to build and complete said railway in the
time above limited, all their rights under this ordinance shall
be forfeited.
Sfc. 6. This ordinance shall be in force only on the fil¬
ing by said Bloomington and Normal Horse Railway Com¬
pany in the office of the city clerk of said city, their acceptance
in writing of the terms of this ordinance, unconditionally,
within ten days from the date of the passage of this ordi¬
nance.
Approved February 7, 1885.
• I, C. C. Hassler, City Clerk of the said city of Blooming¬
ton, do hereby certify that the foregoing is a true and
correct copy of the ordinance of the said city of Blooming¬
ton approved February 7, 1885 ; that the original is now on
file in my office ; that I am keeper of the same and that it is
recorded in the records of the City Council for the fiscal
year ending April 30, 1885.
Witness my hand and seal of the city of Bloomington,
this 13th day of June, A. D. 1901.
(Seal) C..C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
16
CITY OF BLOOMINGTON
to
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
March, 1885.
ORDINANCE—For Permission to Build a Horse Railway on Wash¬
ington street.
m
Be it ordained by the City Council of the City of Blooming-
ton:
Section 1. That said City Council hereby grants to
the Bloomington and Normal Horse Railway Company and
their assigns, permission to lay down and operate a single
track railway with necessary turnouts on Washington street
in said city, on the line and in the manner and on the condi¬
tions following, to-wit:
Commencing at the east line of the right of way of the
Chicago and Alton Railway Company, thence east to the
center line of Main street, connecting with the line of street
railway now laid on Main street.
The center line of said railway shall be in the middle of
said street, and the roadbed between the rails shall be paved
with block stone or brick, as the Council may direct, on all
points of the line where any of the said street is now, or shall
hereafter be paved ; the gauge of said railway shall be the
standard gauge of four feet, eight and one-half inches ; the
rails of said railway shall be of steel or iron, and only flat
or tram rails shall be used, the flat surface on the upper side
of the rails to be not less than three inches in width inside of
the gauge.
Se)C. 2. The said railway may be constructed on the
surface of said street as it now is : Providedx that said
Bloomington and Normal Horse Railway Company or as¬
signs, may by procuring special permission from the City
Council therefor, alter the surface of said street, where in
their opinion necessary, but in any such alteration shall make
17
the surface of said street, at the point where altered, con¬
form more nearly to the established grade of said street
than it now does : and, provided, further, that whenever
the said City Council shall desire to bring any part of said
street, upon which said railway track may have been laid,
down or up to the established grade of said street, then the
Bloomington and Normal Horse Railway Company, or as¬
signs, shall at their own expense, bring so much of said
street as fhey shall occupy to said established grade; as
rapidly as the said city shall bring the rest of said city to
grade; and the said city, may, at any time, change the
established grade of said street, or any part thereof, and the
Bloomington and Normal Horse Railway Company, or as¬
signs, shall at their own expense, make said railway con¬
form to the surface of said street as the same may be when
brought to such new grade ; and the said Bloomington and
Normal Horse Railway Company, or assigns, shall so con¬
struct said railway over said street as not in any manner to
interfere with the drainage of said city, and the said rail¬
way track shall not be elevated above the surface of said
street, as the surface now is or shall be made, as hereinbe¬
fore provided, and said track shall not be laid in such man¬
ner as to obstruct public travel.
SEC. 3. Said Bloomington and Normal Horse Railway
Company and assigns, shall keep in repair the said street
upon which said railway track is laid, to the distance of three
feet and six inches each way from the center of said track,
and whenever any portion of said street shall be planked
paved, macadamized or otherwise improved said Blooming¬
ton and Normal Horse Railway Company and assigns, shall
be at all necessary expense of such planking, paving, macada¬
mizing or otherwise improving that portion of said street
occupied by said railway.
Sec. 4. Said Bloomington and Normal Horse Railway
Company and assigns, shall be liable to pay to said city, or to
the individuals, all damages, judgments, and costs thereon,
18
resulting from the carelessness or negligence of said Bloom-
ington and Normal Horse Railway Company and assigns,
either in the construction, repairing or running of said rail¬
way ; and no steam or other than horse or mule power shall
be used in operating the cars upon said railway, and the said
Bloomington and Normal Horse Railway Company and
assigns, shall not demand, charge or receive more than five
cents for carrying any passenger on said railway its entire
length, or any part thereof, and they or their assigns shall
not demand, Qharge or receive more than five cents for car¬
rying any passenger one continuous trip to or from any point
in the corporate limits of said city to or from any other
point in the said limits, on said railway, or on said railway
and any other street railway connected therewith.
Skc. 5. The building of the entire line of said railway
shall be completed and open for public travel before the
first day of October, A. D. 1885 : Provided, that the Bloom¬
ington and Normal Horse Railway Company, or assigns,
shall not leave any of said streets in an unsuitable condition
for use or travel for a longer time than is reasonably neces¬
sary while building said railway, under a penalty of five
dollars for each day of unreasonable delay in putting said
street in good condition; and in case the said Bloomington
and Normal Horse Railway Company or assigns, shall fail to
build and complete said railway in the time above limited, all
their rights under this ordinance shall be forfeited.
S^c. 6. Permission is hereby given to the Bloomington
and Normal Horse Railway Company or assigns, to lise so
much of the material now laid in the pavement on said street
as it may be necessary to remove in the construction of said
railway, in relaying said pavement as hereinbefore provided,
for which material so used the said railway company or as¬
signs, shall pay or cause to be paid to the treasurer of said
city, on or before the first day of December, A.D. 1885, the
sum of five hundred dollars.
Séc. 7. This ordinance shall be in force only on the fil-
19
ing by the said Bloomington and Normal Horse Railway
Company in the office of the City Clerk of said city, their
acceptance in writing of the terms of this ordinance, uncon¬
ditionally, within ten days from the date of the passage of
this ordinance.
Approved March, 1885.
I, C. C. Hassler, City Clerk of the said city of Bloom¬
ington, doN hereby certify that the foregoing is a true and
correct copy of the ordinance of the said city of Blooming-
ton approved March, 1885; that the original is now on file
in the office of said clerk; that I am the keeper of the same
and that it is recorded in the records of the City. Council
for the fiscal year ending April 30th, 1885.
Witness my hand and seal of the city of Bloomington,
this 13th day of June, 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
20
CITY OF BLOOMINGTON.
GENERAL ORDINANCE—Relative to Horse Railroads. Enacted
May i, 1886.
Article 2, Chapter 15, entitled "Horse Railroads/' Re¬
vised Ordinances, 1886, City of Bloomington, 393, Section
14:
Nothing in this article contained shall be construed to
conflict with or repeal any provisions of either of the follow¬
ing named ordinances, to-wit :
An ordinance granting right of way to Bloomington and
Normal Horse Railway Company, approved March 26,
1867.
An ordinance for permission to build a horse railway on
Front street, approved March 8, 1884.
An ordinance for permission to build a horse railroad
on Washington street, approved March 28, 1885.
An ordinance for permission to extend the Bloomington
and Normal Horse Railway Company, approved March 24,
1883.
CITY OF BLOOMINGTON.
To the:
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
June 4, 1887.
ORDINANCE—Providing for the Extension of the Bloomington and
Normal Horse Railway Co.'s line on South Main street.
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That said city hereby grant the Bloomington
and Normal Horse Railway Company permission to lay
down and operate a single track railway with necessary
turnouts from the present terminus of said railway on South
Main street, south on said South Main street to the south
line of Miller street in said city. The center of said railway
shall be in the middle of said street, and the road-bed be-
21
tween the rails shall be paved, when laid, by and at the ex¬
pense of said railway company, with brick and with the
same material as it is now provided by ordinance that said
street shall be paved.
The gauge of said railway shall be the standard gauge
of four feet, eight and one-half inches, the rails, of said rail¬
way shall be of steel or iron, and only flat or tram rails shall
be used, the flat surface on the upper side of the rails to be
not less than three inches in width inside the gauge. And if
in the future said street shall be paved with any other mate¬
rial, said road-bed shall be repaved by and at the expense of
said railway company, with the same material.
Sex. 2. The said railway may be constructed on surface
of said street as fast as it is graded and prepared for the
pavement about to be laid thereon as provided by ordinance
approved March 6, 1886.
Said city may at any time change the established grade
of said street or any part thereof, and said railway company
shall at its own expense make said railway conform to the
surface of said street, as the same may be when' brought to
such new grades and the said railway company shall so con¬
struct said railway over said street as not in any manner to
interfere with the -drainage of said city, and the said railway
track shall not be elevated above the surface of said street
when paved as above mentioned, or in case the grade thereof
shall be changed as hereinbefore provided, and said track
shall not tfe laid in such manner as to obstruct public travel.
Sex. 3. Said railway company shall at its own expense
keep in good repair all that part of' said street lying be¬
tween the rails of its said track.
Sex. 4. Said railway company shall be liable to pay
to said city or to individuals in any way damaged or injured,
all damages, judgments, and costs thereon resulting from
the carelessness or negligence of said railway company or of
any employee of said railway company, either in the con¬
struction, repairing, or operating of said railway; and no
22
power other than horse or mule power shall be used in oper¬
ating the cars upon said railway, except by the consent of
the city council, and the said railway company shall not
charge or receive more than five cents (except on Normal
cars) for carrying any passenger on its cars, and on the cars
run upon any of its divisions or partly upon its cars and
those run upon any of its divisions, from any point to any
point on the line of the said railway company, or its divi¬
sions within the city limits, when close connections are made.
S£C. 5. The building of the entire line of said railway
shall be completed and open for public travel as soon as the
paving of said street is completed as provided by ordinance,
approved March 6, 1886; and in case the said railway com¬
pany shall fail to build and complete said railway in the time
above limited, all its rights under this ordinance shall be
forfeited.
Sex. 6. This ordinance shall be in force only on the
filing by the said Bloomington and Normal Horse Rail¬
way Company, in the office of the City Clerk of said city,
its acceptance in writing of the terms of this ordinance un¬
conditionally within ten days from the passage thereof.
Approved this fourth day of June, 1887.
LEWIS B. THOMAS, Mayor.
Attest: R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed the 3rd day of June, 1887, approved the 3rd day of
June, 1887, and published in the Daily Leader, a newspaper
published in the city of Bloomington, June 14th, 1887, that
the original is now on file in the office of said Clerk, that I
am the keeper of the same, and that it is recorded in the
records of the City Council of the fiscal year ending April
30, 1888. •
23
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
CITY OF BLOOMINGTON.
to
JOHN J. PATTERSON, W. W. IRVINE AND H. S.
McCURDY, AND ASSIGNS,
April 21, 1888.
ORDINANCE—Providing for the granting of a franchise to John
J. Patter-son, W. W. Irvine, and H. S. McCurdy, and their assigns,
to lay and operate a street railway track on Wood, East Walnut,
North Clinton, and West Market streets. *
Be it ordained by the City Council of the City of Blooming-
ton:
«
Section i. That said city hereby grants to John J.
Patterson, W. W. Irvine, and H. S. McCurdy, and their as¬
signs, permission to lay down and operate a single track rail¬
way, with necessary turnouts and switches from, and con¬
nected with the Bloomington and Normal Horse Railway
Company's track on South Main street, thence running west
on Wood street, in the center thereof, to the main gate or
entrance of Miller's Park in said city : Provided, that the
Bloomington and Normal Horse Railway Company shall
not abandon the line on South Main street from Wood
street to Miller street, but shall continue to run regular cars
thereon; also starting from and connected with the Bloom¬
ington and Normal Horse Railway Track on East Front
street, at its intersection with Clinton street; thence north
on Clinton street, in the center thereof, to Walnut street;
thence weston Walnut street to connect with the tracks of the
Bloomington and Normal Horse Railway Company at Park
street. Also commencing at the track of Bloomington and
Normal Horse Railway Company on North Main street,
24
at its intersection with Market street, and connected there¬
with and running thence west in the center of said Market
street to the east line of Hinshaw avenue. The gauge of said
railway lines on all of said streets, shall be four feet, eight
and one-half inches, the rails shall be steel or iron, flat or
«
tram rails, the tram to be not less than three inches in¬
side the gauge and shall be laid on cross-ties. Said railway
tracks shall be laid and constructed so as to conform to the
established or existing grade of said streets when the same
are laid, and in case the grade of any one or of all of said
streets at any.time hereafter shall be changed by said city,
then John J. Patterson, W. W. Irvine, and H. S. McCurdy,
or their assigns, shall, at their own expense, make said rail¬
way conform to the surface of said streets as the same may
be when brought to such new grade or grades, and said
railway tracks shall be so laid and constructed over and upon
said streets as not in any manner to interfere with the drain¬
age of said city or in any manner to obstruct public travel.
The road-bed between the rails of said railway tracks on
all of said streets, at and upon the intersections of all streets,
shall be planked as soon as laid, and in case said streets upon
which said railway tracks are so laid, or either of them,
shall be hereafter paved by said city, then said John J.
Patterson, W. W. Irvine, and H. S. McCurdy, or their as¬
signs, shall pave between the rails of their said track or tracks
on said street or streets with the same material and at the
same time and in the same manner that said street or streets
shall be paved ; and they shall at all times keep said streets,
including the pavement thereon, in good repair at their own
expense to the distance of three feet six inches each way
from the center line of their said track.
Sr)C. 2. Each of said railway lines shall be connected
with the track of the Bloomington and Normal Horse Rail¬
way Company, and no person or persons, companies or cor¬
poration, operating any one of said lines of railway shall ever
charge or receive more than five cents for carrying any pas-
25
senger on said railway lines from any point in the city, to
any other point in the city on the cars run upon any of the
said divisions, or partly upon its cars and partly upon the
cars run upon any of said divisions, or upon the cars of the
Bloomington and Normal Horse Railway Company or of
any other street railway company which may now or may
hereafter be permitted to operate a street railway within
the limits of said city when close connections are made.
Sec. 3. Said John J. Patterson, W. W. Irvine and H. S.
McCurdy, or their assigns, or any other person or persons,
company or corporation, which may .hereafter operate any
one or all of said street railway lines, shall be liable to pay
to said city or to individuals in any way damaged or injured,
all damages, judgments, and costs resulting from the care¬
lessness or negligence of any such person or persons, com¬
pany or corporation, or any employe thereof, both in the
construction, the repairing, or the operating of said railway
lines, and no other than horse or mule power shall be used
in operating the cars upon said railway lines.
SEC. 4. The building of said lines of railway on said
East Walnut, North Clinton and West Market streets shall
be completed and open for public travel on or before Octo¬
ber 1, 1888, and on Wood street as soon as the work can
be done after the grade for said street is established and the
same is brought to such grade by the city; and in case
John J. Patterson, W. W. Irvine, and H. S. McCurdy, or
their assigns, fail to build and- complete said lines of railway
in the time above limited, all its rights under this ordinance
shall be forfeited.
Sec. 5. This ordinance shall be in force after the
filing by the said John J. Patterson, W. W. Irvine and H.
S. McCurdy, in the office of the City Clerk of said city of
Bloomington, their acceptance in writing, unconditionally of
the terms thereof, within ten. days after its passage.
Approved this 21st day of April, 1888.
LEWIS B. THOMAS, Mayor.
Attest: R. N. Evans, City Clerk.
26
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed the 20th day of April, 1888, approved the 23rd day
of April, 1888, and published in the Daily Leader, a news¬
paper published in the city of Bloomington, Thursday,
April 26, 1888, that the original is now on file in the office of
said Clerk, that I am the keeper of the same, and that it is
recorded in the records of the City Council for the fiscal
year ending April 30, 1888.
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
The following communication was presented, and, on
motion, received and ordered filed :
To the Honorable, the Mayor, and City Council of the City
of Bloomington.
GENTLEMEN :—We do hereby accept the terms of the or-
dinance passed granting to us the franchise to lay and oper¬
ate a street railway track on East Walnut, North Clinton,
and West Market streèts, and on Wood street.
Bloomington, 111., April 23, 1888.
JOHN J. PATTERSON,
H. S. McCURDY,
W. W. IRVINE.
City Council Proceedings, year ending April 30th, 1888,
P. 3I7-
27
CITY OP BLOOMINGTON.
To The)
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
June 16, 1888.
ORDINANCE—Providing for the granting of a franchise to the
Bloomington City Railway and its assigns, to lay and operate a
street railway track on South Main street to the city limits.
Be it ordained by the City Council of the City of Blooming-
ton:
Se)CTion i. That said city hereby grants to the Bloom¬
ington City Railway and its assigns, permission to lay down
and operate a single track railway with necessary turnouts
and switches from and connected with, the terminus of the
Bloomington and Norma] Horse Railway Company's track
on South Main street, in the center thereof, to the city limits.
The gauge of said railway line on said street shall be
four feet, eight and one-half inches, the rails shall be of
steel or iron tram or flat rails, the same as the track now on
South Main street, and shall be laid on cross ties.
Said railway track shall be laid and constructed so as to
conform to the established or existing grade of said street
when the same is laid, and in case the grade of said street at
t
any time hereafter be changed by said city, then said Bloom¬
ington City Railway or its assigns shall, at its own expense,
make said railway conform to the surface of said street, as
the same may be when brought to such new grade or grades,
and said railway track shall be so laid and constructed over
and upon said street as not in any way to interfere with the
drainage of said city, or in any manner to obstruct publi-c
travel.
*
The road-bed between the rails of said railway track on
said street at and upon the intersection of all streets shall be
planked as soon as laid, and in case said street on which
said railway so laid shall be hereafter paved by said city, then
28
said Bloomington City Railway or its assigns shall pave be¬
tween the rails of its said track or tracks with the same ma¬
terial and at the same time that said street shall be paved;
and it shall at all times keep said street, including the pave¬
ment thereon, in good repair at its own expense, between
the rails.
Sec. 2. Said railway line shall be connected with the
Bloomington and Normal Horse Railway Company's track
and no person or persons, company, or corporation operating
said line of railway shall ever charge Or receive more than
five cents for carrying any passenger on said railway line
from any point in the city to any other point in the city on
the cars run upon said railway line, or partly upon its
cars and partly upon the cars run upon the Bloomington and
Normal Horse Railway, or any other street railway com¬
pany which may now or may hereafter be permitted to oper¬
ate a street railway within the limits of said city, when
close connections are made.
SEC. 3. Said Bloomington City Railway or its assigns,
or any person or persons, company, or corporation which
may hereafter operate any one or all of said street railway
lines, shall be liable to pay to said city, or to individuals in
any way damaged or injured, all damages, judgments, or
costs resulting from the carelessness or negligence of any
such person or persons, company, or corporation, or any em¬
ployee thereof, both in the construction, the repairing, or the
operating of said railway line and no other than horse or
mule power shall be used in operating the cars upon said
railway line.
SEC. 4. The buidling of said line of railway shall be
completed and open for public travel on or before October 1,
1888, and in case said railway company or its assigns fail
to build and complete said line of railway in the time above
limited, all its right under this ordinance shall be forfeited.
SEC. 5. This ordinance shall be in force after the filing
by the Bloomington City Railway in the office of the City
29
Clerk of said city, its acceptance in writing, unconditionally,
of the terms thereof, within ten days after its passage.
Approved this 16th day of June, 1888.
J. R. MASON, Mayor,
Attest: R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of .Bloomington,
passed the h 5th day of June, 1888, approved the 16th day of
June, 1888, and published in the Daily Leader, a news¬
paper published in the city of Bloomington, Saturday,
July 14, 1888, that the original is now on file in the office of
said Clerk, that I am the keeper of the same, and that it is
recorded in the records of the City Council for the fiscal
year ending April 30, 1889.
Witness my hand and the seal of the city of Blooming¬
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
CITY OF BLOOMINGTON.
to thf
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
August 10, 1888.
ORDINANCE—Providing for the granting of a franchise to the
Bloomington City Railway, and its assigns, to lay and operate a
street railway track, commencing and to be connected with the
Bloomington and Normal JHorse Railroad at the intersection of
West Chestnut street and Center street; thence north on Center
street to Seminary avenue ; thence west on Seminary avenue to
Morris avenue ; and when Center street is opened for public
travel to Division street, from Seminary avenue to Division street.
Be it ordained by the City Council of the City of Blooming¬
ton:
Sfction i. That said city hereby grants to the Bloom¬
ington City Railway and its assigns, permission to lay down
30
and operate a single track street railway with necessary
turnouts and switches, from and connected with the Bloom-
ington and Normal Horse Railway Company's track on
West Chestnut street, at the intersection of Center street;
thence north on Center street, in the center thereof, to
Seminary Avenue, thence west oil Seminary Avenue to
the Chicago & Alton Railroad, and when Center street
is open for public travel to Division street, then from
Seminary Avenue to Division street ; also with the
privilege of extending said track at any time hereafter on
Seminary avenue to Morris avenue, provided no other per¬
son or persons, company or corporation, is given permission
to lay track on said Seminary avenue, between said railroad
and said Morris avenue, before such extension is made.
The gauge of said railway line on said street shall be
four feet eight and one-half inches, the rails shall be steel
or iron, flat or tram rails of not less than thirty pounds
weight to the yard, and'shall be laid on cross ties.
Said railway track shall be laid and constructed so as to
conform to the established or existing grade of said street
when the same is laid, and in case the grade of said street at
any time hereafter be changed, by said city, then said
Bloomington City Railway or its assigns shall, at its own
expense, make said railway conform to the surface of said
street as the same may be when brought to such new grade
or grades, and said railway track shall be so laid and con¬
structed over and upon said street as not in any manner
to interfere with the drainage of said city or in any manner
to obstruct public travel.
The road-bed between the rails of said railway track, on
said street at and upon the intersections of all streets, shall
be planked as soon as laid, and in case said street upon which
said railway is so laid shall be hereafter paved by said city,
then said Bloomington City Railway, or its assigns, shall
pave between the rails of its said track or tracks on said
street with the same material and at the same time that
31
said street shall be paved; and it shall at all times keep
said street, including the pavement thereon, in good repair,
at its own expense, between the rails.
Sec. 2. Said railway line shall be connected with the
Bloomington and Normal Horse Railway Company's track,
and no person or persons, company or corporation operating
said line of railway shall ever charge more than five cents
for carrying any passenger on said railway line from any
point in city to any other point in the city on the cars run
upon said railway line, or partly upon its cars and partly
upon the cars run upon the Bloomington and Normal Horse
Railway or of any other street railway company which may
now or may hereafter be permitted to operate a street rail¬
way, within the limits of said city when close connections
are made.
Sec. 3. Saicl Bloomington City Railway or its assigns,
or any person, or persons, company or corporation which
may hereafter operate any one or all of said street railway
lines, shall be liable to pay to said city or to individuals in
any way damaged or injured, all damages, judgments or
costs resulting from the carelessness or negligence of any
such person or persons, company or corporation, or any
employee thereof, both in the construction, the repairing, or
the operating of said railway line, and no other than horse
or mule power shall be used in operating the cars upon said
railway line.
Sec. 4. The building of said line of railway shall be
completed and open for public travel on or before one year
from the passage of this ordinance, and in case said railway
company or its assigns fail to build and ^complete said line
of railway in the time above limited, all its rights under this
ordinance shall be forfeited.
SEC. 5. This ordinance shall be in force after the filing
by the said Bloomington City Railway in the office of the
City Clerk of said city, its acceptance, in writing, uncondi-
32
tionally of the terms thereof, within ten days after its pas¬
sage.
Approved this ioth day of August/ 1888.
J. R. MASON, Mayor.
Attest : R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed on the ioth day of August, 1888, approved the ioth
day of August, 1888, and published in the Daily Leader,
a newspaper published in the city of Bloomington, Tuesday,
August 21, 1888; that the original is now on file in the
office of said Clerk, that I am the keeper of the same, and
that it is recorded in the records of the City Council for the
fiscal year ending April 30, 1889.
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
To the Honorable, the Mayor, and City Council of the City
of Bloomington :
Gentu£mën :—The Bloomington City Railway hereby
accepts, unconditionally, the terms and conditions of an or¬
dinance adopted by your honorable body, granting franchise
for laying and operating à street car track on Center street
and Seminary Avenue, passed August 10, 1888.
JOHN J. PATTERSON,
President Bloomington City Raihuay.
Bloomington, August 20, 1888.
33
CITY OF BLOOMINGTON.
to th£
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
October 12, 1888.
ORDINANCE—Providing for the granting of a franchise to the
Bloomington City Railway and its assigns, to lay and operate a
street railway track, from, and connected with, the Bloomington
and Normal 'Horse Railroad on Washington street, south on Allin
street, in the center thereof, to the south line of Moulton street,
and from a point south of its terminus on the south line of Moulton
street, across or along Wood street into Miller's Park, at a point to
be designated by the Park Commissioners and approved by the City
Council, and upon such terms as may be fixed by said Commis¬
sioners and approved by said City Council.
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That said city hereby grants to the Bloom¬
ington City Railway and its assigns permission to lay down
and operate a single track street railway, with necessary
turnouts and switches, from and connected with, the Bloom¬
ington and Normal Horse Railroad on Washington street,
south on Allin street, in the center thereof, to the south line
of Moulton street, and from a point south of its terminus on
the south line of Moulton street across or along Wood street
to Miller's Park, at a point to be designated by the Park
Commissioners and approved by the City Council, and upon
such terms as may be fixed by said Commissioners and ap¬
proved by said City Council.
The gauge of said railway line on said street shall be
four feet eight and one-half inches ; the rails shall be steel
or iron, flat or tram rails, of not less than thirty po'unds
weight to the yard, and shall be laid on cross-ties.
Said railway track shall be laid and constructed so as to
conform to the established or existing grade of said street
when the same is laid, and in case the grade of said street
at any time hereafter be changed by said city, then said
34
Bloomington City Railway, or its assigns, shall, at its own
expense, make said railway conform to the surface of said
street as the same may be when brought to such new grade
or grades, and said railway track shall be so laid and con¬
structed over and upon said street as not in any manner to
interfere with the drainage of said city, or in any manner to
obstruct public travel.
The road-bed between the rails of said railway track, on
said streets, at and upon the intersection of all streets, shall
be planked as soon as laid, and in case said street upon
which said railway is so laid shall be hereafter paved bxy said
city, then said Bloomington City Railway, or its assigns,
shall pave between the rails of said track or tracks on said
street, with the same material and at the same time that said
street shall be paved, and it shall at all times keep said street
including the pavement thereon, in good repair, at its own
expense, between the rails.
Sdc. 2. Said railway line shall be connected with the
Bloomington and Normal Horse Railroad Company's track,
and no person or persons, company or corporation operating
said line of railway, shall ever charge more than five cents
for carrying any passenger on said railway line from any
point in the city, on the cars run upon said railway line, or
partly upon its cars, run upon the Bloomington and Normal
Horse Railroad, or any other street railway company which
may now or may hereafter be permitted to operate a street
railway within the limits of said city, when close connections
are made.
SrX. 3. Said Bloomington City Railway, or its assigns,
or any person or persons, company or corporation which
may hereafter operate any one or all of said street railway
lines, shall be liable to pay'to said city, or to individuals in
any way damaged or injured, all damages, judgments, or
costs resulting from the carelessness or negligence of any
such person or persons, company or corporation, or any em¬
ployee thereof, both in the construction, the repairing, or the
35
operating of said railway line, and 110 other than horse or
mule power shall be used in operating the cars upon said
railway line.
Sec. 4. The building of said line of railway shall be
completed and open for public travel on or before one year
from the passage of this ordinance and in case said railway
company^ or its assigns fail to build and complete said line
of railway in the time above limited, all its rights under this
ordinance shall be forfeited. •
f-
SEC, 5. This ordinance shall be in force after the filing
by the said Bloomington City Railway in the office of the
City Clerk of sai.d city, its acceptance in writing, uncondi¬
tionally, of the terms thereof within ten days after its
passage.
Sec/ 6. That the franchise heretofore granted by said
city to John J. Patterson, W. W. Irvine, and H. S. Mc-
Curdy, and their assigns, to lay a track on Wood street from
Main street to Miller's Park, is hereby, by said Bloomington
City Railway, assignee thereof, with the consent of said city,
surrendered from the east line of Madison street to said
Miller's Park.
Approved this 12th day of October 1888.
J. R. MASON, Mayor.
Attest: R. N. Evans, City Clerk.
I, C, C. Hassler, City Clerk of the said city of Blooming¬
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed the 12th day of October, 1888, approved the 12th
day of October 1888, and published m the Daily Leader, a
newspaper published in the city of Bloomington, Wednes¬
day, October 25, 1888, that the original is now on file in the
office of said clerk, that I am the keeper of the same, and
that it is recorded in the records of the City Council for the
fiscal year ending April 30, Î889.
86
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
To the Honorable, the Mayor, and City Council of the City
of Bloomington :
GenTtFmFn :—The Bloomington City Railway hereby
accepts, unconditionally, the terms and conditions of an or¬
dinance adopted by the City Council of said city, and ap¬
proved October 12, 1888, granting said railway the right
to lay down and operate a single line of street railway on
South Allin street to Miller's Park.
JOHN J. PATTERSON, President.
r
Bloomington, October 18, 1888.
CITY OF BLOOMINGTON.
to thf
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
AND THE BLOOMINGTON & NORMAL HORSE
RAILWAY COMPANY.
May 25, 1889.
ORDINANCE—Granting permission to the Bloomington City Railway
Company and Bloomington and Normal Horse Railway Com¬
pany to operate their cars by electricity and to erect and piaintain
poles and wires for that purpose.
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That permission is hereby granted to the
Bloomington and Normal Horse Railway Company and the
Bloofnington City Railway, to run and operate street cars
by electric motor power upon the streets of said city, along
any one or more, or all the lines of street railway operated
by them or either of them; ancf for that purpose to erect,
87
under the supervision of the committee on streets and alleys,
upon said streets from their generator or power house, to
and along said line or lines of street railway, suitable poles
upon both sides of said streets a distance lengthwise of said
streets of not less than one hundred and fifteen feet apart;
Provided, that whenever it is necessary to avoid erecting
such poles in street intersections they may be erected at a
less distance apart. Such poles shall be located at such
points on said streets as the committee on streets and alleys
may designate, and may then bè connected by wires
stretched across the streets from pole to pole, and by wires
stretched parallel with said street, on one side thereof, from
pole to pole. From such cross wires may be suspended other
wires, over the center of and parallel with said railway
tracks, at a height of not less than eighteen (18) feet from
the surface of said railway tracks at all points where the
same is practicable, and wherever at such height such wires
will not interfere with other wires now on said streets ; and
at all points said poles and parallel and cross wires shall be
so erected and suspended as not to interfere with the primary
purpose and ordinary business of said streets.
S£C. 2. The work of erecting such poles, and suspend¬
ing such wires, shall be commenced in good faith in one year
from the approval of this ordinance, and thereafter continu¬
ously prosecuted to completion and as soon as complete all
cars run thereby, and in default thereof the permit herein
granted shall be deemed to be revoked as to all lines of
street railway upon which said work has not been com¬
menced.
Se;c. 3. The franchise herein provided for is granted
subject to the provisions of an ordinance of the city of
Bloomington entitled, "An Ordinance for the regulation and
control of telephone, telegraph, and electric light companies,"
approved May 4, 1889, so far as the same are applicable.
Approved May 25 1889.
J. R. MASON, Mayor.
Matt C. Smith, Clerk pro tem.
38
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
approved May 25, 1889; that the original is now on file in
my office; that I am the keeper of the same and that it is
recorded in the records of the City Council for the fiscal year
ending April 30, 1900.
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) , C. C. HASSLER, City Clerk.
By W. F. Crawford/ Ass't.
CITY OF BLOOMINGTON.
to the
BLOOMINGTON & NORMAL HORSE RAILWAY
COMPANY AND THE
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
November 9, 1889.
ORDINANCE—Providing for the amendment of an ordinance for the
granting of a franchise to the Bloomington and Normal Horse
Railway Company and the Bloomington City Railway, to run
and operate its street cars by electric motor power, and to erect
upon the streets along their lines of street railway the necessary
poles and to suspend therefrom the necessary wires to operate said
electric motor power.
Be it ordained by the City Council of the City of Blooming¬
ton;
Section i. That section one of an ordinance providing
for the granting of a franchise to the Bloomington and
Normal Horse Railway Company and the Bloomington City
Railway to run and operate its street cars by electric motor
power, and to erect upon the streets along their lines of street
railway the necessary poles, and to suspend therefrom the
necessary wires to operate said electric motor power be, and
the same is hereby amended so as to read as follows :
39
"SEC. i. That permission is hereby granted to
Bloomington and Normal Horse Railway Company and the
Bloomington City Railway to run and operate street cars by
electric motor power upon the streets of said city ; along any
one or more, or all the lines of street railway operated by
them or either of them ; and for that purpose to erect, under
the supervision of the Committee on Streets and Alleys, upon
said streets (and upon other streets where necessary to
transmit the power from the power house to other circuits)
from their generator or power house to and along the lines
of said street railway, suitable poles upon both sides of said
streets, a distance lengthwise of said streets of not less than
eighty feet apart; Provided, that whenever it is necessary
to avoid erecting such poles in street intersections they may
be erected at a less distance apart. Such poles shall be lo¬
cated at such points on said streets as the Committee on
Streets and Alleys may designate, and may then be connected
by wires stretched across the streets from pole to pole and
by wires stretched parallel with said street on one side the
road from pole to pole. From such cross wires may be sus¬
pended other wires over the center of and parallel with said
railway tracks at a height of not less than eighteen {18) feet
from the surface of said railway tracks at all points where
the same is practicable, and wherever at such height such
wires will not interfere with other wires now on said streets ;
and at all points said poles and parallel and cross wires shall
be so erected and suspended as not to interfere with the
primary purpose and ordinary business of said streets.
Approved this 9th day of November, 1889.
J. R. MASON, Mayor.
Attest: R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Blooming¬
ton, do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed the 8th day of November, 1889, approved the 9th
40
day of November, 1889, and published in the Daily Bulle¬
tin, a newspaper published in the city of Bloomington,
Monday, November 18, 1889, that the original is now on file
in the office of said clerk, that I am the keeper of the same,
and that it is recorded in the records of the City Council
for the fiscal year, ending April 30, 1890.
Witness my hand and the seal of the city of Blooming-
ton, this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
CITY OF BLOOMINGTON.
to the)
(CONSOLIDATED) BLOOMINGTON CITY RAIL¬
WAY AND ASSIGNS.
July 10, 1897.-
ORDINANCE—For permission to build a Street Railway on Allin
street between Moulton and Wood streets.
Be it ordained by the City Council of the City of Blooming-
ton:
Section i.-That the said City Council hereby grants to
the Bloomington City Railway Company and their assigns,
permission to lay down and operate a single track railway
on Allin street between Moulton and Wood streets, to con¬
nect with the street railway now laid on said Allin street from
Washington street to Moulton street on the line, and in the
manner and on the conditions following : The center line of
said railway shall be the middle of said street and the
road-bed for a distance of three (3) feet and six (6) inches
on each side of the center line of said railway company's
track shall be paved with brick> two (2) courses on all parts
of the line where the said street is now or shall hereafter
be paved. The rails of said railway shall be of steel, and
only T rails of at least forty-five (45) pounds weight to each
linear foot shall be used.
41
SEC. 2. Said railway may be constructed on the sur¬
face of said street as it now is : Provided, that the said
Bloomington City Railway Company or assigns may by pro¬
curing special permission of the City Council therefor alter
the surface of said street when in their opinion necessary,
but in any such alteration shall make the surface of said
streets, at points where altered, conform more nearly to the
established grade of said streets, than it now does ; and pro¬
vided further, that wherever the said City Council shall de¬
sire to bring any part of said street upon which said railway
track may have been laid, down or up to the established
grade of said street, then the said Bloomington City Rail¬
way Company or its assigns, shall at their own expense
bring so much of said street as they shall occupy, to said
established grade as rapidly as the said city or its author¬
ized agents shall bring the rest of said street to grade. And
the said city, may, at any time change the established grade
of said street or any part thereof, and the said Bloomington
City Railway Company or assigns shall at their own expense
make said railway conform to the surface of said street, that
the same may be when brought to said new grade. And
the said Bloomington City Railway Company or assigns,
shall so construct said railway over said street as not in any
manner to interfere with the drainage of said street. And
the said railway track shall not be elevated above the surface
of said street, as the surface now is or shall be made, as here¬
inabove provided, said tracks shall not be laid in such man¬
ner as to obstruct public travel.
SEC. 3. Said Bloomington City Railway Company or
assigns, shall keep in repair the said street upon which said
railway tracks is laid to a distance of three (3) feet, six (6)
inches each way from the center of said track, and whenever
any portion of said street shall be planked, paved, macada¬
mized,-or otherwise improved, said Bloomington City Rail¬
way Company and its assigns shall be at all the necessary
expense of such planking, paving macadamizing or otherwise
improving that portion of said street occupied by said rail¬
way, for a distance of three (3) feet six (6) inches from
the center line of their track.
Sec. 4. Said Bloomington City Railway Company and
assigns shall be liable to pay to the said city, or to the indi¬
viduals, all damages, judgments and costs thereon, resulting
from the carelessness or negligence of said Bloomington
City Railway Company, or assigns, or of any employee of
said company or assigns, either in the construction, repair-
ing or running of said railway, and no power other than
electricity shall be used in operating the cars upon said rail¬
way, and the said Bloomington City Railway and assigns
shall not demand, charge or receive more than five ( 5 ) cents
for carrying any passenger on said railways its entire length,
or any part thereof, and they or their assigns shall not de¬
mand, charge or receive more than five ( 5 ) cents for carrying
passengers one continuous trip to or from any point in the
corporate limits of said city or to or from any other point in
said limits' on said railway, or on said railway and any other
street railway connected therewith.
Sec. 5. Said Bloomington City Railway Company shall
during every day after the construction and completion of
their said railway track on Allin street between Moulton and
Wood streets, between the hours of 7 a.m. and 10:30 p. m.
cause their cars on said Allin street line to make one contin¬
uous trip from the court house square to the terminus of
said Allin street railway track, and return every twenty
(20) minutes; that said entire railway track of the Bloom¬
ington City Railway Company on Allin street between
Washington and Wood streets shall be relaid by said com¬
pany within six (6) months after the dating of the granting
of this franchise; that said tracks shall be constructed of
heavy T rails of at least forty-five (45) pounds to the lin¬
ear foot; that said rails shall be laid on ties one and one-
half (1 y2) feet apart; said entire reconstruction of the
said Allin street line to be made satisfactory to the City
Council of the said city and subject to their approval.
43
Site. 6. The building of said railway shall be com¬
menced by actual work on or before the 15th day of August,
1897, and completed and open for public travel before the
first day of October, 1897, provided that the Bloomington
City Railway Compahy or assigns shall not leave any part
of said street in an unsuitable condition for public use or
travel for a longer time that is reasonably necessary for
building said railway, under a penalty of five dollars ($5.00)
for each day of unreasonable delay in putting said street in
good condition, and in case said Bloomington City Railway
Company or assigns shall fail to build or complete said rail¬
way between Moulton and Wood streets in the time above
limited and shall fail to rebuild and relay their track on Allin
street, between Washington and Moulton streets, within the
time specified herein, then said railway company shall lose
all their rights under this ordinance, and shall forfeit the
same as well as all rights to operate tracks on Allin street, to
the city of Bloomington.
Sec. 7. This franchise and all rights of said Blooming¬
ton City Railway Company or assigns in and to the use of
said Allin street between Moulton and Wood streets for a
railway track as provided in this ordinance, shall expire at
the same time that the franchise for a construction of a rail¬
way track on Allin street between Washington and Moulton
streets expires.
Sec. 8. This ordinance shall be in force on the filing by
said Bloomington City Railway Company in the office of
the City Clerk of said city, their acceptance in writing of
the terms of this ordinance unconditionally within ten (10)
days from the date of the passage of this ordinance.
Approved this M)th day of July, A. D. 1897.
C. F. KOCH, Mayor.
Attest : R. N. Evans, City Clerk.
44
I, C. C. Hassler, City Clerk of the said city of Blooming-
ton, do hereby certify that the foregoing is a true and correct
copy of the ordinance of the said city of Bloomington,
passed the 9th day of July, 1897; approved the 10th day of
July, 1897; and published in the "Daily Leader," a news¬
paper published in the city of Bloomington, Friday, July
16, that the original is now on file in the office of said clerk,
that I am the keeper of the same and that it is recorded in
the records of the City Council for the fiscal year ending
April 30, 1898.
Witness my hand and seal of the city of Bloomington,
this 13th day of June, A. D. 1901.
C. C. HASSLER, City Clerk.
(Seal) By W. F. Crawford, Ass't.
City of Bloomington, County of McLean and State of
Illinois.
CITY OF BLOOMINGTON.
TO THF
(CONSOLIDATED) BLOOMINGTON CITY RAIL¬
WAY AND ASSIGNS.
.August 7, 1897.
ORDINANCE—Amending an ordinance granting permission to the
Bloomington City Railway Company to build a street railway on
Allin street between Moulton and Wood streets in the city of
Bloomington.
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That an ordinance passed July 9, 1897,
and approved July 10, 1897, granting'permission to the
Bloomington City Railway Company to build, a street rail¬
way on Allin street between Moulton and Wood streets be
amended so as to read as follows :
SFC. 2. That the said City Council hereby grants to the
Bloomington City Railway Company and their assigns per-
45
mission to lay clown and operate a single track railway on
Allin street between Moulton and Wood streets, to connect
with the street railway now laid on said Allin street from
Washington street to Moulton street on the line, and in
the manner and on the conditions following: The center
line of said railway shall be in the middle of said street
and the road-bed between the rails of said railway com¬
pany's track shall be paved with brick, two (2) courses on
all parts of the line where the said street is now or shall
hereafter be paved. The rails of said railway shall be of
steel, and only T rails of at least forty-five (45) pounds
weight to each linear yard shall be used.
Sec. 3. Said railway may be constructed on the surface
of said street as it now is, provided, that the said Bloom-
ington City Railway Company or assigns may by procuring
special permission of the City Council therefor, alter the sur¬
face of said street when in their opinion necessary, but in
any such alterations shall make the surface of said streets at
points where altered, conform more nearly to the established
grade of said streets than it does now, and provided further,
that wherever the said City Council shall desire to bring any
part of said street upon which said railway track may have
been laid, down or up to the established grade of said street,
then the said Bloomington City Railway Company or its as¬
signs, shall at their own expense bring so much of said street
as they shall occupy to said established grade, as rapidly as
the said city or its authorized agents shall bring the rest of
said street to grade. And the said city may, at any time,
change the established grade of said street, or any part
thereof, and the said Bloomington City Railway Company
or assigns shall at their own expense make said railway con¬
form to the surface of said street, that the same may be
brought to said new grade. And the said Bloomington City
Railway Company or assigns shall so construct said railway
over said street as not in any manner to interfere with the
drainage of said street. And the said railway track shall
46
not be elevated above the surface of said street, as the sur¬
face now is or shall be made, as hereinabove provided.
Said tracks shall not be laid in such manner as to obstruct
public travel.
Sec. 4. Said Bloomington City Railway Company or as¬
signs shall keep in repair the said street upon which said rail¬
way tracks is laid between the rails, and wherever any
portion of said street shall be planked, paved, macadamized
or otherwise improved, said Bloomington City Railway
Company and its assigns shall be at all the necessary expense
of such planking, paving, macadamizing, or otherwise im¬
proving that portion of said street occupied by said railway
between the rails.
Sec. 5. Said Bloomington City Railway Company and
assigns shall be liable to pay to the said city, or to the indi¬
viduals, all damages, judgments and costs thereon, resulting
from the carelessness or negligence of said Bloomington
City Railway Company or assigns, or of any employee of
said company or assigns, either in the construction, repairing
or running of said railway, and no power other than electric¬
ity shall be .used in operating the cars upon said railway,
and the said Bloomington City Railway Company and as¬
signs shall not demand, charge or receive more than five ( 5 )
cents for carrying any passenger on said railway its entire
length, or any part thereof, and they or their assigns shall
not demand, charge or receive more than five (5) cents for
carrying passengers one continuous trip to or from any
point in the corporate limits of said city or to or from any
other point in said limits, on said railway, or on said railway
and any other street railway connected therewith.
Sec. 6. Said Bloomington City Railway Company, shall,
during every day after said Allin street line is laid its entire
length, between the hours of 7 a.m. and 10:30 p.m. cause
their cars on said Allin street line to make one continuous
» ,
trip from the court house square to the terminus of said
Allin street railway track and return every twenty (20)
47
minutes; that said entire railway track of the Bloomington
City Railway Company on Allin street between Washington
and Wood streets shall be relaid by said company within one
year after the dating of the granting of this franchise ; said
tracks shall be constructed of heavy T rails of at least forty-
five (45) pounds to the linear yard; that said rails shall be
laid on ties one and one-half (1^2) feet apart, said entire
reconstruction of said Allin street line to be made satisfac¬
tory to the City Council of the said City and subject to their
approval.
Sec. 7. The building of said railway shall be completed
and open for public travel before the first day of October,
1897; Provided, that the Bloomington City Railway Com¬
pany or assigns shall not leave any part of said street in an
unsuitable condition for public use or travel for a longer
time than is reasonably necessary for building said railway,
under a penalty of five dollars ($5.00) for each day of un¬
reasonable delay in putting said street in good condition,
and in case said Bloomington City Railway Company or as¬
signs shall fail to build or complete said railway between
Moulton and Wood streets in the time above limited, and
shall fail to rebuild and relay their track on Allin street be¬
tween Washington and Moulton streets within the time spec¬
ified herein, then said railway company shall lose their rights
under this ordinance and shall forfeit the same to the city of
Bloomington.
Sec. 8. This franchise and all rights of said Blooming¬
ton City Railway Company or assigns in and to the use of
said Allin street, between Moulton and Wood streets for a
railroad track, as provided in this ordinance, shall expire at
the same time that the franchise for the construction of a
railway track on Allin street between Washington and
Moulton street expires.
Sec. 9. This ordinance shall be in force on the filing
by said Bloomington City Railway company in the office of
the City Clerk of said city, their acceptance in writing, of
48
the terms of this ordinance unconditionally, within ten (to)
days from the date of the passage of this ordinance.
Approved this 7th day of August, A. D. 1897.
C. F. KOCH, Mayor.
Attest: R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Bloom-
ington do hereby certify that the foregoing is a true and cor¬
rect copy of the ordinance of the said city of Bloomington,
passed the 6th day of August, 1897; approved the 7th day
of August, 1897, and published in the Daily Leader, a
newspaper published in the city of Bloomington, Friday,
August 13, 1897, that the original is now on file in the office
of said Clerk, that I am the keeper of the same and that
it is recorded in the records of the City Council for the
fiscal year ending April 30, 1898.
Witness my hand and seal of the city of Bloomington
this 13th day of June, A. D. 1901.
(Seal) C. C. HASSLER, City Clerk.
By W. F. Crawford, Ass't.
City of Bloomington, county of McLean and state of
Illinois.
TOWN OF NORMAL
to thf
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
April, 1867.
ORDINANCE.
Be it ordained by the Tozvn Council of the Town of Normal :
Sfction i. That the consent of said Town Council is
hereby granted to the Bloomington and Normal Horse Rail¬
way Company to lay down, maintain and operate a single or
double track railway, with all convenient side-tracks, turn-
49
outs and appendages, in and upon such streets in said town
of Normal as said horse railway company may elect for the
purposes aforesaid.
Sec.. - 2. The said railway may be constructed on the
surface of the streets as they now are : Provided,
That said railway company may alter the surface of such
streets where, in their opinion, it may be necessary; but in
any such alterations they shall make the surface of such
streets, at the point where altered, conform more nearly to the
established grade of such streets than it now does ; Provided.
further, That whenever the said Town Council shall desire to
bring any street upon which said railway tracks may be laid
down, or up to the established grade of such streets, then the
said railway company shall, at their own expense, bring so
much of said street or streets as they shall occupy to said es¬
tablished grade as rapidly as the said town shall bring the
rest of said street or streets to such grade.
Sec. 3. Said railway company shall keep in repair the
streets upon which said track is laid to the distance
of three feet and six inches each way from the center of said
track; and whenever any street upon which said track shall
be laid shall be planked, paved, macadamized or otherwise
improved, said company shall be at all the necessary expense
of such planking, paving, macadamizing, or otherwise im¬
proving the portion of said street occupied by them for the
purpose aforesaid.
Sec. 4. Said railway company shall select the street or
streets upon which they desire to build a railway, and report
the same to the Town Council on or before the first day of
January A.D. 1869; and if the said company shall neglect or
fail to construct a railway upon any of the streets so selected
for the space of three years from the first of April, 1867, all
privileges, hereby granted shall be forfeited.
Sec. 5. Whenever said railway company shall select the
street or streets upon which they desire to build said railway,
and shall report the same to the Town Council as aforesaid,
50
the Town Council shall determine, by resolution or ordinance,
whether said railway company shall construct said railway
track in the center or on the side of the respective streets in
and upon which said company propose to lay said track ; and
if said council shall determine that said railway track shall be
laid along the side of any such streets, it may and .shall de¬
termine on which side, and at what distance from the side
of such street or streets said railway may be constructed.
SEC. 6. Said railway company shall so construct said
railway track that it shall not be elevated above the surface
of the street, as the surface now is or shall be made, as here¬
inbefore provided; and said track shall be so laid in such
manner as not to obstruct the public travel.
SEC'. 7. Said railway company shall so construct their
said railway over and along said streets as not to interfere
in any manner with the drainage of said town.
Sec. 8. Said railway company shall be liable to pay to
said town or to individuals, all damages resulting to it or
them from the carelessness or negligence of any employee of
said company while engaged in the, service of said company,
either in the construction, repairing or running of said road
or railway cars.
SEC. 9. That permission is hereby granted to said rail¬
way company to propel the cars to be used upon the line or
lines of said railway within the corporate limits of the town
of Normal by a steam dummy; and it is hereby agreed that
this permission shall stand and be in force for five~ years,
after which time the said Town Council may terminate the
use of said dummy by giving said company two years' notice
to discontinue the use of the same.
Sec. 10. This ordinance to be in force from and after
its publication.
L. A. HOVEY, President.
S. J. REEDER, Clerk,
51
I, E. A. Vencill, Town Clerk of the said town of Normal,
do hereby certify that the foregoing is a true and correct
copy of the ordinance of the said town of Normal, approved
April i, 1867, that the original is now on file in the office
of the said clerk, that I am the keeper of the same and that
it is recorded in the records of the Town Council.
Witness my hand and the seal of the town of Normal,
this 13th day of June, A. D. 1901.
(Seal). E. A. VENCILL, Town Clerk.
TOWN OF NORMAL
to the)
BLOOMINGTON& NORMAL HORSE RAILWAY CO.
October 15, 1873.
ORDINANCE—Entitled Extension of Horse Railroad passed Octo¬
ber 15, 1873.
Be it ordained by the Town Council of the Town of Normal :
Section i. That the Bloomington and Normal Horse
Railroad Company be permitted to extend their track across
Beaufort street in said town, in the direction of the Pass¬
enger Depot and west of the main track of the Illinois Cen¬
tral Railroad, upon condition that the said company shall
always keep the said crossing in repair by planking so as to
afford no obstruction to the passage of wagons or other ve¬
hicles.
Sec. 2. This ordinance shall be in force from and after
its passage and publication.
I, A. F. Dickinson, Clerk of the Town Council of the
town of Normal do hereby certify that I did on the 16th day
of October, A. D. 1873, publish the above and foregoing
ordinance by posting two copies of the same, one at the post-
office and the other at the said clerk's office, both of which
are public places in said town.
52
In testimony whereof I have hereunto set my hand and
affixed the seal of said corporation this the 16th day of Oc¬
tober, A. D. 1873.
A. F. DICKINSON, Clerk.
Corporate town of Normal, Illinois.
I, E. A. Vencill, Town Clerk of the said town of Normal,
do hereby certify that the foregoing is a true and correct
copy o'f the ordinance of the said town of Normal passed Oc¬
tober 13, 1873; that the original is now on file in the office
of the said Clerk, that I am the keeper of the same and that
it is recorded in the records of the Town Council.
Witness my hand and the seal of the town of Normal,
this 13th day of June, A. D. 1901.
(Seal) E. A. VENCILL, Town Clerk.
TOWN OF NORMAL.
to the
BLOOMINGTON& NORMAL HORSE RAILWAY CO.
and the
(ORIGINAL) BLOOMINGTON CITY RAILWAY.
August 13, 1889.
ORDINANCE—Granting the Bloomington and Normal Horse Railway
Company and the Bloomington City Railway, the right to run and
operate their street cars by electric motor power and to erect upon
the streets along their lines of street railway the necessary poles
and to suspend therefrom the necessary wires to operate said power.
Be it ordained by the Town Council of the Town oî Normal:
Section i. That permission is hereby granted to the
Bloomington and Normal Horse Railway Company and the
Bloomington City Railway, or either of them, to run and
operate street cars by electric motor power upon the streets
of the said town of Normal along the lines of railway oper¬
ated by them or either of them, within the limits of said
53
town ; and for that purpose to erect upon said streets along
their line or lines of street railway suitable poles upon both
sides of said streets a distance lengthwise of said street of
not less than one hundred and fifteen (115) feet apart.
Said poles shall be located at such points on said streets
as this Council through its committee may designate and
may then be connected by wires stretched across the streets
from pole to pole and by wires stretched parallel with said
street on one side thereof from pole to pole. From such
cross wires may be suspended other wires over the center of
and parallel with said railway track, at a height of not less
than eighteen (18) feet from the surface of said track at
all points where the same is practicable .and wherever at
such height such wires will not interfere with other wires
now on said streets ; and at all points said poles, and parallel
and cross wires shall be so erected and suspended as not to
interfere with the primary purpose and ordinary business of
said streets.
Sec. 2. The work of erecting such poles and suspending
such wires shall be commenced in good faith within one year
from the approval of this ordinance and thereafter continu¬
ously prosecuted to completion and as soon as completed
all cars shall be run thereby and in default thereof the permit
hereby, granted shall be deemed to be revoked as to all
lines of street railway upon which said work has not been
commenced.
Passed an4 approved by the Town Council of the town
of Normal this 13th day of August, 1889.
J. CHIPMAN, President.
Attest : A. J. Merriman, Clerk.
I, A. J. Merriman, Clerk of the town of Normal, do
hereby certify that I made publication of the foregoing ordi¬
nance in two numbers of the Normal Advocate.
Witness my hand this 17th day of August, A. D. 1889.
A. J. MERRIMAN, Clerk.
54
I, E. A. Vencill, Town Clerk of the town of Normal, do
hereby certify that the foregoing is a true and correct copy
of the ordinance of town of Normal passed and approved by
the Town Council of the town of Normal, August 13, 1889.
That the original is now on file in the office of said clerk, and
that I am keeper of the same and that it is recorded in the
records of the Town Council.
Witness my hand and the seal of the town of Normal,
this 13th day of June, A. D. 1901.
(Seal) . E. A. VENCILL, Town Clerk.
55
CONSOLIDATION
OF THF
(ORIGINAL) BLOOMINGTON CITY RAILWAY
AND THE
BLOOMINGTON & NORMAL HORSE RAILWAY CO.
April 7, 1890.
%
The Bloomington and Normal Horse Railway Company
and Bloomington City Railway were consolidated April 7,
1890. The Bloomington and Normal Horse Railway Com¬
pany sold its property and franchises to the Bloomington
City Railway and accepted in exchange for the same and for
the stock of the Bloomington and Normal Horse Railway
Company held by its stockholders $300,000, of the capital
stock of the Bloomington City Railway and consolidated
with the Bloomington City Railway under the latter's name.
•%
On the same date the Bloomington City Railway pur¬
chased the property and franchises of the Bloomington and
Normal Horse Railway Company and consolidated that cor¬
poration with itself under the name of the Bloomington
City Railway and exchanged $300,000 of its stock for the
stock of the Bloomington and Normal Horse Railway Com¬
pany.
See McLean County Deed Records book 158, page 225-
228.
CITY OF BLOOMINGTON COUNCIL
PROCEEDINGS.
December 2, 1892.
To the Honorable, the Mayorand City Council of the City
of Bloomington:
Ge}ntIv£m£n :—Your committee, to whom was referred
the resolution of Alderman Smith that the Bloomington City
56
Railway be permitted to relay its track with T rails on S.
Main street from the Big Four railroad to the city limits,
and on Robinson street, from Front street to Washington,
and on E. Washington street from the Illinois Central rail¬
road to Towanda avenue, and on Center street from Chest¬
nut street to Seminary avenue, and on Seminary avenue
from Center street to the Chicago & Alton railroad, would
report that we recommend that permission be granted to lay
T rails on said streets as mentioned above, upon condition
that said rails shall not be of less than forty pounds weight
to the yard, and shall be laid on cross ties, and also upon con¬
dition that said railway shall plank on both the inside and
outside of the rails on all unpaved streets, or parts of streets
above specified, in the same manner as they have planked on
the outside of the rail between Park street and McLean
street on the Belt line.
Respectfully submitted,
ED. HOLLAND,
B. F. HOOPES,
EDGAR M. HEAFER.
A petition was presented and read from citizens and
property owners in the vicinity of Robipson street, and east
of the Illinois Central railroad, asking that the Bloomington
City Railway be permitted to lay a T rail on Robinson
street, and on Washington street from the Illinois Central
railroad to Towanda avenue.
Also, from residents and owners of property along the
line of South Main street, asking Council to give the Bloom-
*
ington City Railway permission to take up the present rails
of the track and to lay in their place T rails, from the Big
Four railroad tracks south to the city limits.
Also, from residents and property owners along the line
of Center street and Seminary avenue, for permission to
pursue the same course on Center street and Seminary ave¬
nue lines.
57
Aid. Heafer moved to amend the report of the committee
by adding the following: "Provided that there be a limita¬
tion of ten years attached to the privilege hereby granted-.
Aid. Welch moved, as an amendment to the amendment,
that the Bloomington City Railway be permitted to lay
T rails on Allin street, in accordance with a petition pre¬
sented to this Council September 16, 1892.
Nov. 25, 1892.
vl/ ^ >1»
^
*
Under the head of unfinished business, the report of the
Committee on Railroads, recommending that the Blooming-
ton City Railway be given permission to lay T rails on cer¬
tain streets in the city, and amendments thereto, which were
presented at last meeting of Council, and laid over for one
week (see pages 197-198) was then taken from the table and
discussed.
Aid. Welch's amendment to the effect that the Bloom¬
ington City Railway be permitted to lay T rails on Allin
street, was adopted by the following vote :
Ayes :—Hoopes, Maxwell, Welch, Crawford, Heafer,
Holland, Smith, Scott—8.
Nays Boyce, Stautz, Hutchison, Costello—4.
The question being on the amendment of Aid. Heafer,
providing for a limitation of ten years to be attached to the
privilege granted, Aid. Hutchison moved to amend the
amendment by making the limit five years instead of ten.
The amendment was rejected by the following vote:
Ayes :—Hoopes, Boyce, Stautz, Hutchinson, Costello—5.
Nays:—Maxwell, Welch, Crawford, Heafer, Holland,
Smith, Scott—7.
Aid. Heafer's amendment, providing the ten years' limit,
was then adopted by the following vote :
Ayes :—Hoopes, Maxwell, Boyce, Welch, Hutchison,
Crawford, Heafer, Costello, Holland, Smith, Scott—11.
Nays:—Stautz—1.
Aid/ Boyce moved as an amendment that the rails to be
58
used under the privilege hereby granted to be sixty pounds
to the yard, laid on chairs of sufficient height to permit a
pavement to be laid consisting of two courses of brick, laid
on cross-ties not less than six by eight inches and set two
feet from center to center upon a bed consisting of not less
than six inches of cinders or stone, the matter of chairs to
apply to all of the streets now paved, or to dirt streets when
pavements are built on them.
The amendment was carried by ayes and nays as follows :
Ayes :•—Hoopes, Maxwell, Boy ce, Welch, Hutchison,
Crawford, Heafer, Costello, Holland, Smith, Scott—n.
Nays:—Stautz—i.
Aid. Boyce moved to further amend the report of the
Committee as follows : "That it is hereby stipulated that if
the said improvement as above specified be not completed
by July i, 1893, that the permission granted to be void A
The amendment prevailed.
Aid. Heafer then moved to further amend the report of
the Committee by adding the following: "That the grant
heretofore made by this Council to the Bloomington City
Railway, to lay T rails on that portion of their railway sys¬
tem known as the Belt Line, be and is hereby amended so as
to limit the time during which the said Bloomington City
Railway shall enjoy such privilege on the said Belt Line,
be limited to ten years, and that whenever the said Bloom¬
ington City Railway shall accept the present grant they ac¬
cept it together with this amendment, and agree that the life
term of the said grant pertaining to the Belt Line shall be ten
years from the date of that grant, or from the date of the
present grant, at the city's option.
The amendment was carried.
December 2, 1892.
(Council Proceedings 1893, p. 197.)
59
CITY OF BLOOMINGTON COUNCIL:
PROCEEDINGS.
August 17, 1894.
Aid. Stautz, from Committee on Railroads, submitted
the following reports which were severally adopted : * * *
To the Honorable, the Mayor, and City Council of the City
of Bloomington:
G^ntu^m^n :—Your committee, to whom was referred
the petition of the Bloomington City Railway for
permission to lay T rails on its West Washington street line
would report that we recommend that said permission be
granted on the following çonditions, viz :
That said rails shaîï^be. of less than forty-five pounds
weight to the yard; that said street railway company shall
pave its road-bed for a distance of one foot and six inches on
both sides of its track on the outside of the rails and also
the space between the rails with good pavement brick of as
good quality as those in the West Washington street pave-
' ment ; that they shall use on the inside of the track next to
the rails brick made with a corner off for the flange of the
wheels to run in; that the track shall be of the same grade
that the pavement now is, and said pavement when completed
shall come up flush with the tops of the rails ; that the bed for
the brick to lay on between the ties shall be tamped until it is.
solid before laying the brick, and then a course of brick
shall be laid flat between the ties so that the upper surface
shall be level with the tops of the ties, and then the whole
road-bed shall be covered with a bed of sand to support the
top course of brick of sufficient thickness to make the top of
the upper course of brick come to a level with the tops of
the rails, all of said work to be done under the direction of
the City Engineer and subject to his approval.
W/A. STAUTZ,
JNO. G. WELCH,
JAS. COSTELLO,
(Council Proceedings year ending April 30, 1895, F-
146.)
60
IN THE CIRCUIT COURT OF McLEAN COUNTY,
ILLINOIS.
April Term, 1898.—No. 7310 Chancery.
DECREE—Of foreclosure and sale of all the property rights, privi¬
leges and franchises of the Bloomington and Normal Horse Rail¬
way Company, and the (Original) Bloomington City Railway and
the (Consolidated) Bloomington City Railway, Cause No. 7310,
Chancery, McLean County, Illinois, Circuit Court, in suit of Dun¬
can M. Funk, trustee, vs. The Bloomington City Railway, The
Bloomington and Normal Horse Railway Company, et al.
Decree rendered April 30, 1898.
The Court finds that it has jurisdiction of the subject
matter and of the parties and that on February 19, 1867, the
Bloomington and Normal Hcfrse Railway Company was or¬
ganized by a special charter from the legislature of Illinois
for the purpose of constructing and operating a street rail¬
road in Bloomington and Normal, 111. That said company,
on June 1, 1887, executed its one hundred bonds of one thou¬
sand dollars each, with interest at five per cent per annum
as alleged in the bill, and that no part of the principal of said
bond's was paid, but that all became due June 1, 1897, and
is unpaid, together with the interest thereon. That said
bonds were negotiated and sold and are outstanding obliga¬
tions of said Bloomington and Normal Horse Railway Com¬
pany and the consolidated Bloomington City Railway.
That to secure the payment of said bonds and interest
the said Bloomington and Normal Horse Railway Co., on
June 1, 1887, executed and delivered its deed of trust to the
complainant, Duncan M. Funk, as trustee, conveying in fee
simple all of its property, and that said deed was and is a
first lien on all of the property of every kind and character
of the Bloomington and Normal Horse Railway Company.
Said property being described in said trust deed as follows :
61
All the lines of railway of the Bloomington and Normal
Horse Railway Company in Bloomington and Normal, Mc¬
Lean county, Illinois ; the original main line of said railway
extending from the track of the I., B. & W. Ry., on South
Main street in Bloomington, along Main street, in said city,
to Walnut street thence east on Walnut street to Park avenue
thence north on Park avenue and other streets to the junc¬
tion of the C. & A. R. R. and the Illinois Central R. R., in
the village of Normal; also the line of road extending from
said main line on Chestnut street west to the track of the
Chicago & Alton R. R. ; also the railway extending from
said main line west upon Washington street to the union
depot of the C. & A. and I., B. & W. railroads; also the
railway extending from said main track east on Front and
other streets to Towanda avenue, in the city of Blooming-
ton ; meaning to include all lines of road and branches be¬
longing to said Bloomington and Normal Horse Railway.
Co., with all its tracks, superstructures, rights of way and
road-beds and all buildings, stables, structures, rolling stock,
all rights and franchises and all property of every descrip¬
tion belonging to the said Bloomington and Normal Horse
Railway Co. whether personal, real, corporeal or incorporeal ;
and also all property which said company might thereafter
acquire, including all additional lines of road which it might
construct or lay after the time of the execution of said trust
deed and all additional rolling stock, personal property, and
all property of every kind which it might acquire during the
continuance of said trust deed.
That said trust deed was in default and subject to fore¬
closure at the time of the commencement of the suit.
That on August 30, 1887, the said company executed
its certain other trust deed, to the Guarantee Trust and Safe
Deposit Company to secure said company's two hundred
other mortgage bonds of five hundred dollars each; one
hundred and forty-six of which remain unpaid and were due
July 1, 1897, with five per cent interest from that date. That
62
said last mentioned bonds and trust deed were subject to
said first named trust deed to Duncan M. Funk and to the
bonds thereby secured. That said trust deed was delivered
to said Guarantee Trust and Safe Deposit Company, and by
it filed for record in the recorder's office of McLean county,
111. ; that said trust deed conveyed to the said Guarantee
Trust and Safe Deposit Co., in fee simple, all of the prop¬
erty, rights, privileges and franchises described in the said
first mentioned trust deed.
%
That on March 31, 1890, the defendant, the Blooming-
ton and Normal Horse Railway Company, and the original
Bloomington City Railway, were legally consolidated, under
the name of the Bloomington City Railway, defendant
herein. That by virtue of said consolidation, the Blooming¬
ton City Railway, defendant, became liable for all debts of
its constituent companies existing prior to said consolidation ;
but that the liens of the said several trust deeds continued
only upon the property described in each, with improvements
and betterments, and their equitable proportion of all prop¬
erty or improvements, added by said consolidated corpora¬
tion; that the trust deed to Duncan M. Funk and the trust
deed to the Guarantee Trust and Safe Deposit Company,
both executed by the Bloomington and Normal Horse Rail¬
way Company, remain valid mortgage liens, upon all the
property upon which they were severally given.
That as a part of the consolidation plan, the consolidated
company, the Bloomington City Railway, executed and de¬
livered to the Guarantee Trust and Safe Deposit Company
its certain other trust deed, describing and covering the en¬
tire property, tracks, railroads, franchises and all other prop¬
erty of both of said constituent companies, to secure its four
hundred bonds for the sum of one thousand dollars each,
dated June 1, 1899, as set f°rth and described in the bill and
cross-bill herein.
That said last mentioned trust deed described the prop¬
erty thereby covered, as follows :
68
All lines of railway in the city of Bloomington, McLean
county, 111., with rights of way, franchises &nd tracks, 011
Clinton street from Front to Walnut street, thence west on
Walnut street to Park street. The right of way, franchise
and track. on Main street from Miller street, connected
» *
thereon with the terminus of the Bloomington and Normal
Horse Railway track, tHence south to the city limits.
The right of way, franchise and track on Center street,
there connected with the Bloomington and Normal Horse
Railway Company's track on Chestnut street thence north
on Center street to Seminary avenue thence north when
Center street is opened to the city limits and west on Semi¬
nary avenue, from its intersection with Center street to the
C. & A. R. R.
«
The right of way, franchise and track on Allin street
from Washington street there connected with the Blooming¬
ton and Normal Horse Railway Company's line, thence
south on Allin street, to the south line of Moulton street,
thence south through lots 14, 11 and 10 in the re-survey of
Millers subdivision of block 3, north-east quarter of section
8, town 23 north, R. 2 E. 3rd P. M. to the north line of
Wood street thence across or along Wood street into Miller
Park.
Also the road-beds, franchises and tracks of the lines of
railway now operated by the Bloomington and Normal
Horse Railway Company on Main street from Miller street
north to Walnut, thence east on Walnut to Park street,
thence north on Park street to the city limits, thence north
on its fee simple right of way to the Chicago & Alton Ry.
track, thence north-east through grounds leased of the State
Board of Education to School street thence north on the
same ground, on the west side of School street, to North
street, thence east on North street, in Normal, 111., to the
east side of the Illinois Central R. R. track.
The road-bed franchise and track on Washington street,
in Bloomington, from Main street, west to the union depot.
61
The road-bed, franchise and track, on Front street, from
Main street east to Robinson street, thence north on Robin¬
son to Washington, thence east on Washington to Towanda
avenue.
The road-bed, franchise and track on Chestnut street
from Main street west to the Chicago & Alton railway.
And all rights of way, rights, privileges and franchises
and all property of every description now owned by said
Bloomington and Normal Horse Railway Company, or
thereafter owned by the Bloomington City Railway, includ¬
ing all franchises belonging to said Bloomington O'ty Rail¬
way. Said rights, privileges and franchises embracing all
property of every description, real, personal, corporeal or
incorporeal.
That two hundred and twenty-seven of said four hundred
bonds secured by said last mentioned trust deed were issued.
That the trust deed to Duncan M. Funk is a first lien
and the trust deed by the Bloomington and Normal Horse
Railway Company to the Guarantee Trust and Safe Deposit
Company is a second lien upon all the property owned and
acquired by the Bloomington and Normal Horse Railway
Company up to the time of its consolidation with the Bloom¬
ington City Railway, and upon its portion of the improve¬
ments and property acquired in the name of the Bloomington
City Railway subsequent to said consolidation/March 31,
1890. And that the lien of the trust deed executed by the
consolidated corporation is a first lien upon all the property
owned by the Bloomington City Railway before said con¬
solidation and upon its proportion of the property acquired
in the name of the Bloomington City Railway subsequent to
the consolidation/
That the relative value of the property of the Blooming¬
ton and Normal Horse Railway Company on March 31,
1890, was five-sixths of the entire property of the consoli¬
dated company and that its proportion of all property ac¬
quired by the consolidated corporation is five-sixths of all
of said property.
65
And that the relative share of the original Bloomington
City Railway on said date was one-sixth of the entire prop¬
erty and that its share of property acquired since the consoli¬
dation is one-sixth of the whole of said property so acquired.
That by reason of the consolidation of said Bloomington
and Normal Horse Railway Company and said Blooming¬
ton City Railway, the street railway system covered by said
trust deeds should not be sold separately or in parts ; that
the interests of all parties and of the public require that said
%
entire railway system, property and franchises should be sold
together as a unit. The court thereupon finds the said sev¬
eral amounts due under the said several trust deeds and or¬
ders payment.
In default the court orders that the property, rights, priv¬
ileges and franchises described in the decree be sold at public
sale by the master in chancery at 10 :oo o'clock a. m., Tues¬
day, May 31, 1898.
That the master in chancery at such sale sell the entire
street railway system, property, franchises, privileges, mu¬
nicipal grants of every kind and character described in each
and all of said three trust deeds with all additions thereto
in any way appertaining to said street railway property, and
that said sale be without redemption and free from all en¬
cumbrances or liens.
That the master in chancery report said sale and that
upon confirmation of said report, the master conveys to the
purchaser his or their assigns, or representatives, all the rail¬
way property, rights, privileges and fanchises, decreed to be
sold by a good and sufficient deed which said deed shall vest
in grantee all right, title, estate, interest, property, and
equity of redemption of each and all the parties hereto in
the real and personal estate, property, rights, privileges and
franchises described in the decree in fee simple, and entitle
the grantee to the possession thereof, and bar any claim of
the defendant, the Bloomington City Railway or of the con¬
stituent companies forming said Bloomington City Railway.
Possession is ordered to be delivered to such grantee.
66
MASTER'S REPORT OF SALE.
Approved and ordered filed.
That the defendant made default in the payment of the
sum required to be paid by the said decree and that he ac¬
cordingly on the 31st day of May, 1898, at 10:00 o'clock
A. M., sold all the property of the defendant, the (con¬
solidated) Bloomington City Railway, (describing it) and
the entire plant and system of street railroad in Bloomington
and Normal described at length in the decree, and including
all lines and extensions of lines of tracks of street railroad in
Bloomington and Normal, whether constructed by the
Bloomington and Normal Horse Railway Company, the
(original) Bloomington City Railway or the (consolidated )
Bloomington City Railway, including all franchises, rights
and privileges of every kind and character ever granted to
the Bloomington and Normal Horse Railway Company and
to the Bloomington City Railway (original and after con¬
solidation), including corporate, municipal and all other
franchises and all property and effects, real, personal and
mixed of every kind and character, appertaining to or
used in connection with said street railroad system, or any
part thereof, to A. E. DeMange and John Graham, for the
sum of two hundred and two thousand five hundred dol¬
lars ($202,500), whose bid was the highest and best bid re¬
ceived.
Motion by the Guarantee Trust and Safe Deposit Com¬
pany to vacate the order of May 31, 1898, confirming the
Master's report of sale.
2nd : To set aside the sale made by the master and order
a new sale.
Same motion by John C. Barron.
Motions overruled.
Master's report of deed June 16, 1898.
Master's report of deed and distribution approved by the
Court June 16, 1898,
67
SAIN WELTY, MASTER IN CHANCERY
OP
McLEAN COUNTY, ILLINOIS,
TO
A. E. DeMANGE AND JOHN GRAHAM.
June io, 1898.
DEED.
THIS INDENTURE WITNESSETH, That I, the
grantor, Sain Welty, of the city of Bloomington, county of
McLean and state of Illinois, Master in Chancery for the
county of McLean and state of Illinois, in my official capa¬
city as Master in Chancery, under and by virtue of a decree
of the Circuit Court of McLean county, Illinois, entered and
filed on the 30th day of April, 1898, at the April Term,
1898, of the Circuit Court of said McLean county, Illinois,
in cause No. 7310 Chancery, wherein Duncan M. Funk et al
were complainants in the original bill .filed against the
Bloomington City Railway et al, and wherein the détendant,
the Guarantee Trust and Safe Deposit Company of Phila¬
delphia, Pa., trustee named in the second mortgage of the
Bloomington and Normal Horse Railroad Company, de¬
scribed in the said original bill, filed its cross bill to foreclose
the said second mortgage, and wherein the Guarantee Trust
and Safe Deposit Company of Philadelphia, Pa. trustee named
in the mortgage of the Bloomington City Railway described
in the said last mentioned cross bill, filed its cross bill to fore¬
close the said Bloomington City Railway mortgage ; having
under the authority conferred upon me by said decree,
sold the property, rights and franchises of the said defend¬
ant, the Bloomington City Railway, hereinafter described,
on the 31st day of May, 1898, to the highest and best bidder
therefor, and having on the said 31st day of May 1898, after
the said sale, reported the same to the said Circuit Court of
McLean county, Illinois, and the said report of said sale
68
having been approved by the Court, in consideration of the
premises, and of the approval of said report of sale, and the
payment to me as Master in Chancery as aforesaid the
amount bid by the grantees herein, at said sale, for the said
property being the sum of two hundred two thousand, five
•hundred dollars ($202,500), receipt of which said sum is
hereby acknowledged, do hereby grant, bargain, sell and
convey to A. E. DeMange, of the city of Bloomington,
county ç)f McLean, and state of Illinois, and to John Gra¬
ham, of Wilkes-Barre, Pa., all the property mentioned in
said decree situated in the county of McLean and state of
Illinois, and described as follows to-wit :
All the lines of railway of said Bloomington City Rail¬
way, situated in the city of Bloomington, in McLean county,
Illinois, comprising the right of way, franchise and track
laid on Clinton street, from Front street to Walnut street,
thence west on Walnut street to Park street,.in said city;
The right of way, franchise and track on South Main
street, from Miller street, connecting thereon with the ter¬
minus of the Bloomington and Normal Horse Railway
track, thence south to the limits of said city.
The right of way, franchise and track on Center street,
there connected with the Bloomington and Normal Horse
Railway Company's track at the intersection of Chestnut
street, thence north on Center street to Seminary avenue,
thence north when Center street is opened to the city limits ;
and west on Seminary avenue from its intersection with
Center street to the Chicago & Alton railroad.
And the right of way, franchise and track on Allin street,
from the intersection of Washington street, and there con¬
nected with the Bloomington and Normal Horse Railway
Company's line, thence south of Allin street to the north
line of Wood street, thence across or along Wood street to
Miller's Park. *
i
Also the franchises and tracks and lines of railway in
Main street, from Miller street north to Walnut street,
69
thence east on Walnut street to Park street, thence .north on
Park street to the city limits ; thence north on its fee simple
right of way to the Chicago & Alton railroad track; thence
north-east through grounds leased of the State Board of
Education to School street, thence north on the same ground
on the west side of School street to North street, thence east
on North street in Normal, Illinois, to the Illinois Central
%
railroad, thence across the Illinois Central right of way
to Beaufort street, thence north-easterly on Beaufort street
to Linden street.
The road-bed, franchise and track, on Washington street
in Bloomingon, from Main street west to the Union Depot.
The road-bed, franchise and track on Front street, from
Main street east to Robinson street, thence north on Robin¬
son street to Washington street, thence east on Washington
street to To wan da avenue, thence east and south to the Race
Park.
And the road-bed, franchise and track on Chestnut street,
from Main street west to the Chicago & Alton railroad.
With all tracks, superstructures, rights of way, and road¬
beds now in existence; also all buildings, stables and other
structures of any kind belonging to said Bloomington City
Railway, on the day said decree was entered or on the day
said sale was made; with all rolling stock of said railway;
with all rights, privileges, and franchises, including all
property of every description, owned by said Bloomington
City Railway, or Bloomington and Normal Horse Railway
on either of said dates, meaning hereby to include all the
lines of road and all franchises belonging to said Bloom¬
ington City Railway, together with all its tracks, superstruc¬
tures, rights of way, and road-beds, now in existence; also
all buildings, stables, and other structures of every kind be-*
longing on the day of said sale or the date said decree was
entered to said corporation ; also all rights, privileges
and franchises, embracing all property, of every descrip¬
tion owned by said corporation either on the day said
70
decree was entered or on the day of said sale, whether real
or personal, corporeal or incorporeal ; also lots one ( i ), two
(2),three (3) andfour (4) in block (3) in Orme's Addition
to the city of Bloomington, McLean county, Illinois; also
lots one (1), two (2), three (3), four (4) in block one (1)
in the University Addition to the city of Bloomington,
McLean county, Illinois; also a strip of ground thirty (30)
*
feet in width constituting a private right of way from the
car ban^s of the said Bloomington City Railway from a
point near the said car barns, running thence northerly,
about one and one-half (11/2) miles to the Chicago & Alton
railroad. Also a leasehold right of way through the south¬
east corner of the grounds of the Illinois State Normal Uni¬
versity and along the east side thereof, parallel with School
street.
!
Also all other real estate owned on the date of said sale,
or on the day said decree was entered, by said defendant
Bloomington City Railway, or Bloomington and Normal
Horse Railway Company, or pertaining to the street railway
system of the consolidated corporation, the Bloomington
City Railway, of whatever kind, nature or description,
whether held in fee simple or by lease or otherwise.
Dated this ioth day of June, A. D. 1898.
'' SAIN WELTY, Master in Chancery,
McLean county, Illinois.
(Seal)
STATE OF ILLINOIS. )
McLEAN COUNTY \ss'
I, John A. Sterling, a Notary Public in and for said
county, in the state aforesaid, do hereby certify that Sain
Welty, Master in Chancery of McLean county, Illinois, per¬
sonally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that he signed, sealed
71
and delivered the said instrument as his free and voluntary
act for the uses and purposes therein set forth.
Given under my hand and official seal this ioth day of
June, A. D. 1898.
JOHN A. STERLING, Notary Public.
• (Seal)
Filed June 10, 1898, at 5 130 P. M. and recorded June 10,
1898 in book 198 of Deeds, page 254.
BLOOMINGTON CITY RAILWAY
To
A. E. DeMANGE AND JOHN GRAHAM,
June 10, 1898.
SURRENDER OF POSSESSION.
The Bloomington City Railway, by W. H. Patterson its
President, agrees to and does hereby surrender to A. E. De-
Mange and John Graham, immediate possession of all its
property purchased by them at the Mastery in Chancery sale
on May 31, 1898; delivery of such possession is hereby made
to John Eddy as the agent of said DeMange and Graham,
on this ioth day of June, 1898, at 2 o'clock P.M. The said
DeMange and Graham agreeing to give to the Bloomington
City Railway the receipts of June 10 and June 11, upon con¬
dition that the same shall be devoted to the payment of all
salaries and labor employed by it, the Bloomington City
Railway up to and including June 11, 1898.
The said Bloomington City Railway also agrees to sur¬
render to said DeMange and Graham all said railway tickets
and transfers .in its possession.
Dated this ioth day of June, 1898.
BLOOMINGTON CITY RAILWAY,
By W. H. Patterson, It's President.
Witness.
72
A. E. DEMANGE AND WIFE AND JOHN
GRAHAM (Bachelor).
TO TH£ .
BLOOMINGTON & NORMAL RAILWAY.
June i8, 1898.
DEED.
THIS INDENTURE WITNESSETH: That the
grantors, A. E. DeMange and Mary L. DeMange, his wife,
of Bloomington, McLean county, Illinois, and John Graham,
unmarried, of Wilkes-Barre Pa., for the consideration of
four hundred and fifty thousand dollars ($450,000) receipt
whereof is hereby acknowledged, convey and quit-claim to
the Bloomington and Normal Railway, a corporation organ¬
ized under the laws of the state of Illinois, all of the follow¬
ing described property, situated in the county of McLean, in
the state of Illinois, to-wit :
All the lines of street railway laid by the Bloomington
City Railway, situated in the city of Bloomington, in Mc¬
Lean county, Illinois, comprising the right of way, franchise
and track laid on Clinton street, from Front to Walnut street
thence west on Walnut street to Park street.in said city;
The right of way, franchise, and track, on South Main
street, from Miller street, connected thereon with the ter¬
minus of the track laid by the Bloomington and Normal
Horse Railway Company, thence south to the limits of said
city;
The, right of way, franchise and track on Center street,
there connected with the track laid by the Bloomington and
Normal Horse Railway Company, at the intersection of
Chestnut street, thence north on Center street to Seminary
avenue, thence north when Center street is„ opened, to the
city limits, and west on Seminary avenue from its intersec¬
tion with Center street to the Chicago & Alton railroad.
.And the right of way, franchise and track on Allin
73
street, from the intersection of Washington street and there
connected with the track laid by the Bloomington and Nor¬
mal Horse Railway Company, thence south on Allin street
to the north line of Wood street, thence across or along
Wood street into Miller's Park;
Also the franchise and tracks and line of railway on
Main street from Miller street north to Walnut street, thence
east on Walnut street to Park street, thence north on Park
street to the city limits ; thence north on the fee simple right
of way acquired by the Bloomington* and Normal Horse
Railway Company to the Chicago & Alton railroad track,
thence north-east through grounds leased of the State Board
of Education, to School street, thence north on the same
ground on the west side of School street, to North street,
thence east on North street in Normal, Illinois to the Illinois
Central Railroad; thence across the Illinois Central right
of way to Beaufort street, thence northeasterly on Beau¬
fort street to Linden street;
The road-bed, franchise and track on Washington street,
in Bloomington, from Main street west to the Union Depot;
The road-bed, franchise and track on Front street,
from Main street east to Robinson street, thence north on
Robinson street to Washington street, thence east on Wash¬
ington street to Towanda avenue, thence east and south to
the race track ;
And the road-bed, franchises and track on Chestnut
street from Main street west to the Chicago & Alton railroad.
With all tracks, superstructures, rights of way, and
road-beds now in existence; also all buildings, stables and
other structures of every kind belonging to the Bloomington
City Railway on April 30, 1898, and on March 31, 1898;
with all rolling stock, of said railway acquired by the
grantors at Master in Chancery's sale, May 31, 1898, with
v
all rights, privileges and franchises, including all property of
every description fortnerly owned by said Bloomington
City Railway, on either of said dates. Meaning hereby to
74
include all the lines of road and all franchises belonging- to
said Bloomington City Railway, together with its tracks,
superstructures, rights of way and road-beds now in exist¬
ence ; also all buildings, stables and other structures of every
kind belonging on the date of said sale or the date said de¬
cree was entered, to said corporation, the Bloomington City
Railway; also all rights privileges and franchises, embracing
all property of every description owned by said corporation,
the Bloomington City Railway ; either on the day said decree
was entered or on the day of said sale, whether real or per¬
sonal, corporeal or incorporeal; also lots one (i), two (2),
three(3)and four(4)in block three(3)in Orme's Addition to
the .city of Bloomington, McLean county, Illinois ; also lots
one (1), two (2), three (3) and four (4) in block one' ( 1 '
in University Addition to the city of Bloomington, McLean
county, Illinois; also a strip of ground thirty (30) feet in
width, constituting a private right of way from the car barns
of the said Bloomington City Railway, from a point near the
said car barns, running thence northerly one'and one-half
miles to the Chicago & Alton railroad ; also a leasehold right
of way through the south-east corner of the grounds of the
Illinois State Normal University, and along the east side
thereof, parallel with School street ; also all other real estate
owned on the date of said sale or on April 30, by the said
Bloomington City Railway, or Bloomington & Normal Horse
Railway Company, or pertaining to the street railway system
of the consolidated corporation, the Bloomington City Rail¬
way, of whatsoever kind, nature or description, whether held
in fee simple or by lease or otherwise.
Dated this 18th day of June, 1898.
A. E. DeMANGE, (Seal)
MARY L. DEMANGE, (Seal)
JOHN GRAHAM. (Seal)
75
STATE OF ILLINOIS )
> ss
McLEAN county f
I, Clara I. Root, a Notary Public in and for said county
and state aforesaid, do hereby certify that A. E. DeMange
and Mary L. DeMange, his wife, of Bloomington,
McLean County, Illinois, and John Graham, of
Wilkes-Rarre, Pennsylvania, personally known to me to be
the same persons whose names are subscribed to the forego-
ing instruisent, appeared before me this day in person and
acknowledged that they signed, sealed and delivered said
instrument as their free and voluntary act, for the uses and
purposes therein set forth.
Given under my hand and official seal this 18th day of
June, 1898.
CLARA I. ROOT, Notary Public.
(N. P. Seal)
Filed June 28, 1898, at 9145 A.M.
CITY OF BLOOMINGTON
COUNCIL PROCEEDINGS.
CONSENT OF THE CITY TO THE USE OF
"T" RAILS.
August 19, 1898.
\
To the Honorable, the Mayor and City Council of the city
of Bloomington:
Gentlemen :—We are about to take up the old tram
rails in our track on West Washington street and relay it
with seventy-five pound, seven inch T rails. The height of
these new rails insures ample depth between the tops of the
rails and the tops of the ties to properly pave between the
rails. The weight of these new rails, greater by ten pounds
to the yard than any ever before laid in this city, insures
durability and perfect service.
The first consignment of rails is now here and we only
76
await the arrival of the ties to commence the work and push
it to a speedy conclusion with as little inconvenience to the
public as possible and subject to such reasonable police regu¬
lations, if any, as you may desire to provide.
We respectfully request that you formally approve our
action.
BLOOMINGTON & NORMAL RAILWAY,.
A. E. DeMange, President.
August 12, 1898.
%
(Council Proceedings year ending April 30, 1899, p.
209. )
Aid. O'Neil, from Committee on Railroads submitted the
following report, which was approved :
- • ' ■
To the Honorable, the Mayor and City Council of the city
of Bloomington:
Gentlemen :—Your Committee on Railroads, to whom
in connection with the City Attorney was referred the com¬
munication of A. E. DeMange, President of the Blooming-
ton and Normal Railway concerning the relaying of the
street railway track on West Washington street, would most
respectfully report that, in connection with the City Attorney
we drew up the following written permit, which was sub¬
mitted to the manager of said street railway company, and
the work of relaying the said track has proceeded there¬
under which permit was as follows, viz :
"Permission is hereby given to the Bloomington and
Normal Street Railway Company to relay the street railway
track on Washington street from Main street to the Chicago
& Alton railway tracks with "Shanghai" T rails, weighing
not less than seventy pounds to the linear yard, under the
terms and conditions of all city ordinances now in force, and
also under the following further conditions which are hereby
1
expressly made conditions precedent to the further continu¬
ance of said work:
77
1. All grades now in force on said street shall remain
as they are at the present time, and shall remain unchanged.
2. Said Washington street for a space three feet six
inches on each side of the center line of said track shall be
paved with the same material as said street is now paved;
two courses of brick to be used in said paving. The part
so paved shall coincide with the balance of the pavement on
said street, and shall present an even surface. The brick
must be laid up against said rails on both sides, so that the
said track will not interfere with nor be dangerous for use
by other vehicles.
3. That the permission herein granted shall under no
conditions be accepted by the said railway company, nor the
track relaid as petitioned for by said company, unless it is
done with the full understanding and agreement that the city
of Bloomington, does not, by the granting of this permit,
waive any right it may now have to regulate the use of the
*
said track when laid, or the said company to whom the per¬
mit is given in regard to the same; nor to grant any addi¬
tional rights to said company; nor to extend any franchise,
or to recognize any franchise that the Bloomington City
Railway Company or the Bloomington and Normal Horse
Railway Company may have* had on said Washington street
•
or any other street in the city; nor to grant any right or
franchise to this petitioner in any street or alley or public
place in said city, other than what it may by operation of
law be entitled to at the present time.
4. That not more than three blocks of said track shall
be torn up at any one time, and the cross streets be not block¬
aded longer than absolutely necessary.
5. That the company is to be liable for any accident or
injury that may happen by reason of the negligence of the
said company with employees in the relaying of said track or
its appurtenances, proper guards are.to be used to prevent
accidents.
6. That work is to be done as soon as possible.
78
7- That the said company shall also relay the branch of
said Washington street line, from the commencement at the
intersection of Allin and Washington street to Moulton
street as soon as the said track on Washington street is com¬
pleted, under the same terms and conditions.
8. That the continuance of the work of relaying thé
track on Washington street, after the receipt of this permit
to relay the said track, shall be considered an acceptance of
all the terms and conditions annexed thereto..
*
9. That a space 3 feet 6 inches on each side of the center
line of «aid street railway track when relaid shall be kept in
repair by said company as long as said street railway tracks
are maintained thereon or until otherwise provided.
10. The city reserves the right at any time hereafter to
change the grade of Washington street and in such cases the
said railway company must change the grade of its tracks on
said streets.
Dated this 15th day of August, 1898.
DANIEL M. O'NEIL,
E. L. LANG,
WAVE MILLER.
Committee on Railroads.
.We respectfully ask that our action be concurred in by
your honorable body.
Respectfully submitted,
DANIEL M. O'NEIL,
F. L. LANG,
WAVE MILLER.
(Council proceedings year ending April 30, 1899, p. 218.)
79
TOWN OF NORMAL
TO THE
BLOMINGTON AND NORMAL RAILWAY.
February n, 1902.
ORDINANCE—Granting to the Bloomington and Normal Railway,
and to its successors and assigns, the right to locate, construct,
maintain and operate a street railway, and to erect and maintain all
necessary poles, wires and other necessary appurtenances for the
operation of said street railway upon and along First street from
and to be connected with the said Bloomington and Normal Rail¬
way's present line on Franklin avenue in the town of Normal, thence
east on First street to Fell avenue ; thence south on Fell avenue to
the corporate limits of said Town of Normal.
WhEREas, The Bloomington and Normal Railway did,
on the 23rd day of January, 1902, publish in the Blooming¬
ton Bulletin, a daily newspaper published in the city of
Bloomington, county of McLean and state of Illinois, its
notice that it would, on the third day of February, 1902, ap¬
ply to this Council at its regular meeting, for a grant of the
right to locate, construct, maintain and operate a street rail¬
way and to erect and maintain necessary poles, wires and other
appurtenances upon the same streets; And, whereas, the said
Bloomington and Normal Railway presented its written pe¬
tition to this Council for such grant; And, whereas, it ap¬
pears that the owners of the land representing more than
one-half of the frontage of so much of said street as is
sought to be used for said street railway purposes, have pre¬
sented their written petitions to this Council asking that the
said grant be made to the said Bloomington and Normal Rail¬
way ; And, whereas, it appearing to this Council, from the cer¬
tificate of Braley & O'Donnell, publishers of the said Bloom¬
ington Bulletin, and from the petition of the said Blooming¬
ton and Normal Railway, and from the petitions of the
owners of the land representing more than one-half of the
frontage on First street, between Franklin avenue and Fell
avenue, and on Fell avenue, between First street and the
80
corporate limits of said town of Normal, that the said
Bloomington and Normal Railway have, in all respects,
complied with the law,
Therefore, Be it ordained by.the Town Council of the
town of Normal .
Section i. That the said Bloomington and Normal
Railway, its successors and assigns, are hereby granted the
right to locate, construct, maintain and operate a single track
street failway with. necessary turnouts, switches, passing
tracks curves and crossovers, and other necessary appurte¬
nances and equipments, for the operation of the said street
railway on First street, from and to be connected with the
said Bloomington and Normal Railway's present street rail¬
way on Franklin avenue; thence east on First street, in the
center thereof, to the intersection of Fell avenue; thence
curving from First street south-easterly to the center of
Fell avenue; thence south on Fell avenue, in the center
thereof, to the corporate limits of said town of- Normal.
SEC. 2. The right hereby granted to construct, maintain
and operate said street railway, with its necessary appurte¬
nances, shall continue for a period of twenty (20) years
from the date of the written acceptance of the provisions
of this ordinance. The said aceptance to be filed with the
Town Clerk of the town of Normal within five days after
the publication of this ordinance; and, if such acceptance is
not so filed within said five days, then this ordinance shall
be void.
SEC. 3. The rights and privileges herein granted shall
be subject to all conditions and provisions, so far as applica¬
ble and except as may be herein "otherwise expressly ordained,
of an ordinance of the town of Normal approved April 1,
1867, granting to the Bloomington and Normal Horse
Railway Company consent to lay down, maintain and
operate a single or double track railway, with all
convenient side tracks, turnouts and appendages, upon
certain streets in the town of Normal, therein sped-
81
fied ; and of an ordinance granting to the Bloom-
ington and Normal Horse Railway Company and the
Bloomington City Railway the right to run and operate
their street cars by electric motor power and to erect upon
the streets along their lines of street railway the necessary
poles and to suspend therefrom the necessary wires to op¬
erate said power, passed and approved August 13, 1889 ; and
of an ordinance of the town of Normal granting to the
Bloomington City Railway permission to extend its line of
street railway from its-then terminus on the west line of the
right of way of the Illinois Central Railroad, on North street,
across said right of way of said railroad to Beaufort street,
thence east on Beaufort stréet to Linden street, passed and
approved October 2, 1893: Provided, however, nothing
herein, or in said ordinances contained shall prohibit said
Bloomington and Normal Railway from operating its cars
on any of the streets of the town of Normal upon which it
shall operate its cars, by any improved motive power, other
than steam power.
sec. 4. The acceptance of this ordinance by the Bloom¬
ington and Normal Railway, shall, in no way, modify,
abridge, alter or impair the rights, privileges and franchises
held by the Bloomington and Normal Railway as the suc¬
cessor of the Bloomington and Normal Horse Railway Com¬
pany and the Bloomington City Railway as an original cor¬
poration and the Bloomington City Railway as the consoli¬
dated corporation, composed of the Bloomington and Nor¬
mal Horse Railway Company and the Bloomington - City
Railway, under previous ordinance grants by this Council to
the said Bloomington and Normal Horse Railway Company
and the Bloomington City Railway, as an original corpora¬
tion and as the consolidated corporation composed of the
constituent corporations, the Bloomington and Normal
Horse Railway Company and the Bloomington City Rail¬
way.
Sec. 5. The gauge of the said railway shall be four (4)
82
feet and eight and one-half (8 y^) inches. The rails of which
shall be steel T rails, of not less than forty-five (45) pounds
weight to the yard on unpaved streets and not less than sixty
(60) pounds to the yard on all streets where the same shall
be paved ; and said track shall be so constructed and main¬
tained that the top of the rails shall be at the proper grade of
the street upon which it is located, properly crowned ; and the
space occupied by said track, between the rails and to the
ends of the ties, shall be filled with cinders or gravel or
other proper ballasting material, properly crowned; and
planked between the rails and to the ends of the ties at all
street intersections, unless otherwise directed by the Town
Council, so as to obstruct or impede as little as practicable
the free or ordinary use of said street for the passage of
wagons, carriages and other vehicles along or across said
track; and the same shall always be maintained clear of
weeds and in sightly condition.-
SEC. 6. The cars of said street railway may be operated
by electric or other improved motive power, except steam.
The poles for the electrical equipment of said street railway
shall be not less than 100 feet apart, wherever practicable,
and shall be located'under the direction of some officer or
person appointed by the Town Council of Normal. All
wires for the electrical operation of said street railway shall
be maintained at a height of not less than eighteen feet above
the surface of the street.
SEC. 7. The said Bloomington and Normal Railway, its
successors and assigns, shall save and keep harmless the
town of Normal from all suits, damages, judgments or costs
which may be commenced, maintained or recovered against
said town of Normal by reason of the rights and privileges
herein granted; and said Bloomington and Normal Railway
shall pay all damages, if any, to owners of property abutting
upon said streets upon or over which said street railway shall
be constructed, which they may sustain by. reason of the
location or construction of the said street railway; the
83
same to be ascertained and paid in the manner provided hy
law.
SEC. 8. The construction of said railway, with its elec¬
trical or other appurtenances, shall be completed and ready
for the operation of cars over the same on or before the first
day of October, 1902 ; Provided, that if the proposed subway
under the Chicago & Alton Railroad, near the foot of School
street, in the said town of Normal, is constructed in 1902,
any delay incident to the use of said subway shall not be
counted; and provided the construction of the said street
railway is not delayed by inability to obtain the necessary
materials for the construction of the same. And if the said
street railway is not completed on or before the said first
day of October, 1902, then this ordinance shall be void, un¬
less the completion of the same is delayed by one of the
herein mentioned causes, or by the order or injunction of
any court, in which case, the time for the completion of the
same shall be extended for a reasonable time, and the time
that any injunction or order of court is in force shall not be
counted. After the completion of the said railway, a car or
cars shall be operated over the same on said streets, during
the same hours that cars are operated over the said Bloom-
ington and Normal Railway's other lines in the city of
Bloomington and a car shall regularly pass any given point
on the street railway herein described at intervals not to
exceed twenty minutes in length during such hours.
Sec. 9. Every passenger upon the cars of said street
railway so to be constructed and operated on said streets
shall be entitled upon the payment of one five cent fare, or
one regular ticket, to a transfer for a continuous ride to any
point on any other line now owned or operated, or hereafter
to be owned or operated by the said Bloomington & Normal
Railway in the town of Normal and the city of Bloomington
and outlying territory, to the same extent and subject only
to the same restrictions now or hereafter to be in force on said
Bloomington and Normal Railway's lines in the city of
84
Bloominglon : Provided, that entire cars may be let or char¬
tered by said company for special purposes, regardless of the
price per caipta of the persons transported in said cars so let
or chartered.
Sec. io. All cars operated upon the said street railway
so to be constructed upon the said streets shall be of the
style and class now in use for the carriage of passengers and
shall be kept in good condition and repair, properly lighted
and properly heated in cold weather, and otherwise main¬
tained in suitable condition for the convenience, comfort and
safety of passengers. No car operated on said street rail¬
way shall be used for any purpose other than to transport
passengers and their ordinary baggage and package freight.
Sec ii. Whenever the town of Normal shall determine
to pave or otherwise improve any one or both of said streets
along the route of said street railway hereinabove described,
or along any part of either one or both of said streets, then
the said Bloomington and Normal Railway, its successors
and assigns, shall pave or otherwise improve with the same
materials used by the town of Normal, unless other materials
are agreed upon, between the rails of its said tracks and for
a distance of one foot outside of the rails of its said track,
and between its tracks in case of all switches and double
tracks, at its own expense, and in the same manner as the
balance of the said street shall be paved, and at the same
time that such improvement or pavement of the balance of
such street or streets shall be constructed. And if said com¬
pany shall fail or refuse so to do, the same may be done by
the town of Normal and said company shall be liable to said
town for the cost thereof.
"'Sec. 12. All provisions and conditions of this ordinance
shall be binding upon the successors, assigns, or lessees, if
any, of said Bloomington and Normal Railway.
Sec. 13. The Bloomington and Normal Railway shall
execute to the said town of Normal a good and sufficient
bond in the penal sum of five thousand ($5,000.00) dollars,
85
to be approved by the president of the Town Council, con¬
ditioned for the prompt construction and completion of said
street railway, as provided by this ordinance. Said, bond
shall be filed with the acceptance of this ordinance.
Sec. 14. Regular tickets for passage, in Normal or be¬
tween Normal and Bloomington, on all cars which shall be
operated over and upon the tracks herein authorized to be
constructed, shall be sold at the rate of not less than six (6)
tickets for^ twenty-five (25) cents, with a free transfer privi¬
lege over any line operated by said company in Bloomington,
as cheaply as upon and over any line of said company in
the city of Bloomington, or in Normal.
Sec. 15. Said street railway shall be constructed so as
not to interfere with either the sewerage or the drainage of
said town.
Sec. 16. Nothing in this ordinance shall be cpnstrued to
prevent the Bloomington and Normal Railway, its assigns,
or lessees, from carrying passengers over and upon its Nor-
mal-Bloomington line or lines at less than the regular fare
charged upon its other lines; nor to establish upon its Nor-
mal-Bloomington line or lines a lower rate than the regular
fare for the sale of tickets limited to passage only over and
upon such Normal-Bloomington line or lines.
Sec. 17. The town of Normal hereby reserves the right
and privilege, by notice in writing to be served upon the
President or Manager of said Bloomington and Normal
Railway, on or before the 15th day of April, A. D. 1902, to
require that said company shall construct but one track on
Fell avenue, between the north line of Sill street and the
south corporation line of the town of Normal and that said
company shall locate said track so that the center thereof shall
be parallel to the center line of said street as nearly as may
be, on the east side thereof, and distant therefrom approxi¬
mately eleven feet. And said Bloomington and Normal Rail¬
way, by accepting this ordinance, shall be bound to conform
to such notice if served upon it as aforesaid, within the time
86
aforesaid, or forfeit all rights obtaincu unuci <uiu uy vu tue
of this ordinance : Provided, that the fact of the service of
such notice shall be entered upon the records of the Town
Council of the town of Normal at its first regular meeting
after the service of such notice, as a part of the record pro¬
ceedings of said Council.
Sec. i8. This ordinance shall be in force from and after
its passage and publication.
Passed and approved this nth day of February, A.H
1902.
O. SEIBERT, President.
(Corporate Seal)
Attest : E. A. Venciee, Clerk.
STATE OF ILLINOIS )
McLEAN county \ss-
TOWN OF NORMAL.
I, E. A. Vencill, Clerk of said town and keeper of the
records thereof, do hereby certify that the foregoing is a
true copy of the original ordinance passed and approved by
the Town Council of said town at a meeting of said Town
Council on the nth day of February, 1902, and published
-4."' '
in the Normal Advocate, a newspaper published in the said
town of Normal, .
Witness my hand and the seal of the said town of
Normal this 4th day of April, A. D. 1904.
(Seal) E. A. VENCILL, Clerk.
TOWN OF NORMAL
to the
BLOOMINGTON & NORMAL RAILWAY.
February 11, 1902.
ORDINANCE—Granting to the Bloomington and Normal Railway,
and to its successors and assigns, the right to locate, construct,
E, J, METCALF, President.
J. S. COURTRIGHT, Clerk.
JOHN W. Treasurer.
S. J. REEDER, Marshal.
JOSEPH HOZELTON, Street Commissioner.
DAVID YAZEL, Supt. Water and Sewers.
JOHN ROGERS, Fire Chief.
R. L. FLEMING, Attorney.
GEO. W. BENTLEY, Special Collector.
REGULAR COUNCIL MEETING
First Monday of Each Month at 7:30 P. M.
STATE OF ILLINOIS,
COUNTY OF McLEANt
Town of Normal
COUNCIL
ROOM
AND
JAIL,
121 Beaufort St.
HOME
COMPANY
PHONE
No. 317
CENTRAL
UNION
Main 19
J. W. EVANS,
Chairman Street and Alley Committee.
JAMES i,w _JTON,
Chairman Fire and Light Committee.
L. A. HINTON,
Chairman Finance Committee.
J. W. EVANS,
Chairman Judiciary Committee.
J. E. CREW,
Chairman Sanitary Committee.
R. M. HUFF1NGTON,
Chairman Water Board.
190
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R T AT PI OF ILLINOIS :
TOWN OF NOPMAL : SS.
McLF.AN COUNTY :
I, , Clerk of saicl
// " J
Town, DO HFPFPf CERTIFY that the foregoing Is a true copy of the
original acceptance of the ordinance granting to the BLOOMING-TON
h NOPMAL RAILWAY, the right to construct and operate a street rail¬
way on First street and Fell avenue, approved the 11th day of
February, 1902., ana filed in the office of the Clerk of said Town
on the day of % 1902, and that
7 " x__ — — ^
the original of said acceptance is now on file in nay office.
WITNFSS, tyy h ana ana the seal of the saia town of Normal, this
27th day of July,1905.
A . A/7
Clerk of the Town of Normal-
87
maintain and Qperate a street railway, and to erect and maintain
all necessary p'oles, wires and other necessary appurtenances for the
operation of said street railway upon and along Linden street from
and to be connected with the terminus of said Bloomington and
Normal Railway's street railway at the intersection of Beaufort
street and Linden street, in the town of Normal ; thence north on
Linden street to Lincoln street ; thence west on Lincoln street to
m School street; thence south on School street to Willow street;
thence west on Willow street to Normal avenue; thence south on
Normal avenue to Mulberry street; thence east on Mulberry street
to School street; thence south on School street to North street;
to be connected with the said Bloomington and Normal Railway's
street railway at the intersection of School street and North street.
«
WhER^as, The Bloomington and Normal Railway did,
on the 20th day of January, 1902, publish in the Blooming¬
ton Pantagraph a daily newspaper published in the city of
Bloomington, county of McLean and state of Illinois, its
notice that it would, on the third day of February, 1902,
apply to this Council at its regular meeting, for a grant of the
right to locate, construct, maintain and operate a street rail¬
way and to erect and maintain necessary poles, wires and
other appurtenances upon the same streets ; and, whereas, the
nid Bloomington and Normal Railway presented its written
1 ' ' on to this Council for such grant; and whereas, it
that the owners of the land representing more than
of the frontage of so much of the said several streets"
ight to be used for said street railway purposes, have
d their written positions to this council asking that
grant be made to the said Bloomington and Normal
m way; and, whereas, it appearing to this council, from
e certificate of W. O. Davis, publisher of the said Bloom-
^ton Pantagraph and from the petition of the said Bloom-
gton and Normal Railway, and from the petitions of the
m ners of the land representing more than one-half of the
fn tage on Linden street, between Beaufort street and
Lincoln street ; and on Lincoln street, between Linden street
-and School street; and on School street between Lincoln
reet and Willow street; and on Willow street, between
^-School street and Normal avenue ; and on Normal avenue,
88
between Willow street and Mulberry street; and on Mul¬
berry street, between Normal avenue and School street;
/
and on School street, between Mulberry street and North
street, that the said Bloomington and Normal Railway have,
in all respects, complied with the law, therefore,
Be it ordained by the Town Council of the tozun of Normal
Section i. That the said Bloomington and Norm;
Railway, its successors and assigns, are hereby granted the
right to locate, construct, maintain and operate a single track
street railway, with necessary turnouts, switches, passing
tracks, curves and crossovers, and other necessary appurte¬
nances and equipments, for the operation of the said street
railway on Linden street from and to be connected with
the said Bloomington and Normal Railway s present street
railway now terminating at the intersection of Beaufort
street and Linden street; thence north on Linden street in
the center thereof, to the intersection of Lincoln street;
thence curving from Linden street northwesterly to the
center of Lincoln street; thence west on Lincoln street, in
the center thereof, to the intersection of School street;
thence curving from Lincoln street southwesterly to the
center of School street; thence south on School street; in
the center thereof, to the intersection of Willow street;
thence curving from School street southwesterly to the cen¬
ter of Willow street, thence west on Willow street, in the
center thereof, to the intersection of Normal avenue; thence
curving southwesterly to the center of Normal avenue,
thence south on Normal avenue in the center thereof, to the
intersection of Mulberry street ; thence curving southeasterly
to the center of Mulberry street, thence east oil Mulberry
street to the intersection of School street; thence southeast¬
erly to a point due north of the center line of said Blooming¬
ton and Normal Railway's present street railway on School
street, south of North street, thence south on School street
to the said Bloomington and Normal Railway's presc ïy
street railway on School street at the intersection or
89
North street, to be connected with the said Bloom-
ington and Normal Railway's track on School or
North street with such necessary curve, switch, cross-over,
or other connection as may be deemed advisable by the said
Bloomington and Normal Railway to properly connect the
same with said Bloomington and Normal Railway's present
street railway on School street, or North street, in the said
town of Normal.
Sec. 2- The right hereby granted to construct, maintain
and qperate said street railway, with its necessary appurte¬
nances, shall continue for a period of twenty (20) years
from the date of the written acceptance of the provisions
of this ordinance. The said acceptance to be filed with the
Town Clerk of the town of Normal within five days after
the publication of this ordinance; and, if such acceptance
is not so filed within said five days, then this ordinance shall
be void.
S^c. 3. The rights and privileges herein granted shall be
subject to all conditions and provisions, so far as applicable
and except as may be herein otherwise expressly ordained, of
an ordinance of the town of Normal approved April-1, 1867,
granting to the Bloomington and Normal Horse Railway
Company consent to lay down, maintain and operate a single
or double track railway, with all convenient .side-tracks,
turn-outs, and appendages, upon certain streets in the town
of Normal therein specified; and of an ordinance granting
to the Bloomington and Normal Horse Railway Company
and the Bloomington City Railway the right to run and
operate their street cars by electric motor power and to
erect upon the streets along their lines of street railway the
necessary poles and to suspend therefrom the necessary
wires to operate said power, passed and approved August
13, 1889; and of an ordinance of the town of Normal grant¬
ing to the Bloomington City Railway permission to extend
its line of street railway from its then terminus on the west
line of the right of way of the Illinois Central Railroad, on
90
North street, across said right of way of said railroad to
Beaufort street, thence east on Beaufort street to Linden
street, passed and approved October 2, 1893: Provided,
however, nothing herein, or in said ordinancês contained,
shall prohibit said Bloomington and Normal Railway from
operating its cars on any of the streets of the town of Nor¬
mal upon which it shall operate its cars by any improved
motive power, other than steam power.
Sec\ 4. The acceptance of this ordinance by the Bloom¬
ington and Normal Railway, shall, in no way, modify,
abridge, alter, or impair the rights, privileges and franchises
held by the Bloomington and Normal Railway as the suc¬
cessor of the Bloomington and Normal Horse Railway Com¬
pany and the Bloomington City Railway, as- an original cor¬
poration and the Bloomington City Railway as the consoli¬
dated corporation, composed of the Bloomington and Normal
Horse Railway Company and the Bloomington City Rail¬
way, under previous ordinance grants by this Council to the
said Bloomington and Normal Horse Railway Company
and the Bloomington City Railway, as an original cor¬
poration, and as the consolidated corporation composed of
the constituent corporations, the Bloomington and Normal
Horse Railway Company and the Bloomington City Rail¬
way.
Sec. 5. The gauge of said railway shall be four (4)
feet and eight and one-half (8^2) inches. The rails of which
shall be steel "T" rails of not less than forty-five pounds
weight to the yard on unpaved streets and not less than sixty
pounds to the yard on all streets where the same shall be
paved ; and said track shall be so constructed and maintained
*
that the top of the rails shall be at the proper grade of the
street upon which it is located, properly crowned; and the
space occupied by said track, between the rails and to the
ends of the ties, shall be filled with cinders or gravel, or
other proper ballasting material, properly crowned, and
planked between the rails and to the ends of the ties at all
91
street intersections, unless otherwise directed by the Town
Council, so as to obstruct or impede as little as practicable the
free or ordinary use of said street for the passage of wagons,
carriages and other vehicles along or across said track ; and
the same shall always be maintained clear of weeds and in
sightly condition.
Sec. 6. The cars of said street railway may be operated
by electric or other improved motive power, except steam.
The poles dor the electrical equipment of said street rajjwav
shall be not less than one hundred feet apart, wherever prac ¬
ticable, and shall be located under the direction of some offi¬
cer or person appointed by the Town Council of Normal. All
wires for the electrical operation of said street railway shall
be maintained at a height of not less than eighteen feet above
the surface of the street.
SEC. 7. The said Bloomington. and Normal Railway, its
successors, and assigns, shall save and keep harmless the
Town of Normal from all suits, damages, judgments, or
costs which may be commenced, maintained or recovered
against said town of Normal by reason of the rights and
privileges herein granted; and said Bloomington and Nor¬
mal Railway shall pay all damages, if any, to owners of
property abutting upon said streets upon or over which said
street railway shall be constructed ; which they may sustain
by reason of the location or construction of the said street
railway; the same to be ascertained and paid in the manner
provided by law.
SEC. 8. The construction of said railway, with its elec¬
trical and other appurtenances, shall be begun on or before
May 1, 1902, and shall be completed and ready for the oper¬
ation of cars over the same on or before the first day of
July 1902; otherwise this ordinance is to be void unless the
time, for good cause shown, should be extended by the
Town Council : Provided, that in case work on such line
shall be delayed by the order or injunction of any court, the
time of such delay shall not be counted, and thereafter a car
92
or cars shall be operated over said railway on all of said
streets during the same hours that cars are operated over
the said Bloomingotn and Normal Railway's other lines in
the city of Bloomington ; and a car shall regularly pass any
given point on the street railway herein described at intervals
not to exceed twenty minutes in length, during such hours.
Sec. 9. Every passenger upon the cars of said street
railway so to be constructed and operated on said streets
shall be entitled, upon the payment of one five cent fare, or
one regular ticket, to a transfer for a continuous ride to any
point on any other line now owned or operated, or hereafter
to be owned or operated by the said Bloomington and Nor¬
mal Railway in the town of Normal and the city of Bloom¬
ington and outlying territory, to the same extent and subject
only to the same restrictions now or hereafter to be in force
on said Bloomington and Normal Railway's lines in the city
of Bloomington, provided, that entire cars may be let or
chartered by said company for special purposes, regardless
of the price per capita of the persons transported in cars so
let or chartered.
Stc. 10. All cars operated upon the street railway so
to be constructed upon the said streets shall be of the style
and class now in use for the carriage of passengers and shall
be kept in good condition and repair, properly lighted and
properly heated in cold weather, and otherwise maintained
in suitable condition for the convenience, comfort and safety
of passengers. No car operated on said street railway
shall be used for any purpose other than to transport passen¬
gers and their ordinary baggage and package freight.
Stc. 11. Whenever the town of Normal shall determine
*
to pave or otherwise improve any one or more of said streets
along the route of said street railway hereinabove described,
or along any part of any one or more of said streets, then the
said Bloomington and Normal Railway, its successors and
assigns, shall pave or otherwise improve with the same ma¬
terials used bv the town of Normal, unless other materials
93
are agreed upon, between the rails of its said tracks and for
a distance of one foot outside of the rails of its said tracks,
and between its tracks in case of all switches and double
tracks, at its own expense^ and in the same manner as the
balance of the said street shall be paved, and at the same
time that such improvement or pavement of the balance of
such street or streets shall be constructed. And if said com¬
pany shall fail or refuse so to do, the same may be done by
the town of Normal and said company shall be liable to said
town for the cost thereof.
sec. 12. All provisions and conditions of this ordinance
shall be binding upon the successors, assigns, or lessees, if
any, of said Bloomington and Normal Railway.
Sec. 13. The said Bloomington and Normal Railway
shall execute to the said town of Normal a good and suffi¬
cient bond in the penal sum of five thousand dollars
($5,000.00) to be approved by the President of the Town
Council, conditioned for the prompt construction and com¬
pletion of said street railway, as provided by this ordinance.
Said bond shall be filed with the acceptance of this ordinance.
Sec. 14. Regular tickets for passage in Normal, or be¬
tween Normal and Bloomington, on all cars which shall be
operated over and upon the tracks herein authorized to be
constructed, shall be sold at the rate of not less than six (6)
tickets for twenty-five cents (25c), with a free transfer priv¬
ilege over any line operated by said company in Blooming¬
ton, or vicinity ; and such regular tickets shall at all times be
sold over the line herein granted as cheaply as upon and
over any line of said company in the city of Bloomington, or
in Normal.
Sec. 15. Said street railway shall be constructed so as
not to interfere with either the sewerage or the drainage of
said town.
Sec. 16. Nothing in this ordinance shall be construed to
prevent the Bloomington and Normal Railway, its assigns
or lessees, from carrying passengers over and upon its Nor-
94
mal-Bloomington line or lines at less than the regular fare
charged upon its other lines; nor to establish upon its Nor-
mal-Bloomington line or lines a lower rate than the regular
fare for the sale of tickets limited to passage only over and
upon such Normal-Bloomington line or lines.
Sec. 17. The town of Normal hereby reserves the right
and privilege, by notice in writing to be served upon the
President or Manager of said Bloomington and Normal
Railway, on or before the 15th day of April, A. D. 1902, to
*
require that said company shall construct but one track on
Linden street, between the north line of Willow street and
the north line of Beaufort street, and that said company shall
locate said track so that the center thereof shall be parallel
to the center line of said street and as nearly as may be on
the east side thereof and distant therefrom approximately
eleven feet. And said Bloomington and Normal Railway,
by accepting this ordinance, shall be bound to such notice, if
served upon it, as aforesaid/ within the time aforesaid, or
forfeit all rights obtained under and by virtue of this ordi¬
nance; provided, that the fact of the service of such notice
shall be entered upon the records of the Town Council of the
town of Normal at its first regular meeting after the service
of such notice, as a part of the record proceedings of said
council.
SEC. 18. This ordinance shall be in force from and after
its passage and publication.
Passed and approved this nth day of February, A. D.,
1902.
O. SEIBERT, President
Attest: E. A. Venciee, Clerk.
STATE OF ILLINOIS
McLEAN COUNTY
TOWN OF NORMAL.
I, E. A. Vencil, Clerk of said town and keeper of the rec¬
ords thereof, do hereby certify that the foregoing is a true
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STATS OF ILLINOIS
TOWN OF NORMAL
SS
McLEAN OOTÏNW
I
♦
Clerk of saia
Town, DO HEREBY^ CERT IFY that the foregoing is a true copy of tne
original acceptance of the ordinance granting to tne BLOOMINGTON
& NORMAL RAILWAY, tne right to construct and operate a street rail¬
way on Linaen street, Lincoln street, School street, Willow street,
»
Normal avenue, Mulberry street and School street south of Mulberry
street, approved the 11th day of February, 1902, and filea in the
ceptance is now on file in ray office.
WITNESS , My hand and the seal of the saia town of Normal,this
27th day of July,1905.
office of the Clerk of said
t
1902, and that the original of said ac-
Clerk of the Town of Normal-
95
copy of the original ordinance passed and approved by the
Town Council of said town, at an adjourned regular meet¬
ing of said Town Council, on the nth day of February,
1902, and published in the Normal Advocate, a newspaper
published in the said town of Normal, February 15, 1902.
Witness my hand and the seal of the said town of Nor¬
mal, this 30th day of April, A. D. 1902.,
(Seal) E. A. VENCILL, Clerk.
To the Honorable-A the President and Town Council of the
town of Normal:
GenteEmen :—We present with this communication, an
ordinance authorizing us to lay down and maintain a
double track across Beaufort street at the point described in
the ordinance, and to lay down and maintain a single track
from our private right of way on First street to connect with
our new line to be constructed on First street, under an or¬
dinance passed on the nth clay of February, 1902.
If the ordinance presented to your honorable body for
passage by the Chicago and Alton Railway Company is
passed, then a subway will be constructed at the expense of
that company and of this company, and without expense to
the town of Normal, ample for the accommodation of public
travel in addition to the accommodation of our street railway
travel. If, however, this council does not deem it wise to
pass an ordinance providing for a public subway, then we
earnestly request that you pass the ordinance presented by
us for permission to cross Beaufort street at the point indi¬
cated and to connect with our proposed line on First street
at the point indicated in the ordinance and shown on the
blue print attached to the ordinance presented for passage
by the Chicago and Alton Railway Company, as the pro¬
posed subway, south of the culvert ; we will then be in posi¬
tion to negotiate with the Chicago and Alton Railway Com¬
pany for the construction of a private street railway subway
for the passage of our cars only.
96
While our employees are continually cautioned relative
to the extreme danger of our surface crossing from Frank¬
lin avenue to Beaufort street and while we have never yet
had an accident there, no one can tell how soon one may hap¬
pen and cause great destruction to life perhaps among your
own families and personal friends.
♦
In view of this great danger, which we desire to entirely
eliminate, we ask you to co-operate with us by passing the
ordinance authorizing us to cross Beaufort street and to con¬
nect with our track on First street as provided in the ordi¬
nance.
We will greatly appreciate it if your honorable body will
give the matter your earliest possible consideration to the
end that we may know how to construct our new line on
First street and Fell avenue.
Respectfully submitted,
BLOOMINGTON & NORMAL RAILWAY, ELEC¬
TRIC & HEATING CO.,
By A. E. DeMange, President.
TOWN OF NORMAL
to the
BLOOMINGTON & NORMAL RAILWAY, ELEC¬
TRIC & HEATING COMPANY.
July 7, 1902.
ORDINANCE—Granting to the Bloomington and Normal Railway,
n Electric and Heating Company, the right to locate, construct and
operate a double track street railway across Beaufort street and
a single track street railway from the center line of First street
to the north line of First street.
Be it ordained by the Town Council of the tozvn of Normal:
Section i. That the Bloomington and Normal Railway,
Electric and Heating Company is hereby granted the right
to locate, construct and operate a double track street railway
97
across Beaufort street, in the town of Normal, at a point two
hundred and thirty-nine (239) feet west from the west line
of School street. The center line of the said double track
railway on the south line of Beaufort street to be two hun¬
dred and thirty-nine (239) feet west of the west line of
School street and to extend thence in a northeasterly direc¬
tion, across said Beaufort street to the north line of said
Beaufort street.
SEC. 2. That the said Bloomington and Normal Rail¬
way Electric and Heating Company is hereby granted the
right to locate, construct and operate a single track street
railway from the -north line of First street to the center line
of said street, there to be connected by a suitable curve or
other connection, with a single track street railway to be
located and constructed by the said Bloomington and Nor¬
mal Railway, Electric and Heating Company under an ordi¬
nance passed by this Council February 11, 1902. The center
line of said single track railway from the north line of First
street to the center line thereof, shall be approximately at a
point due south of the point where said single track railway
crosses the south line of the right of way of the Chicago &
Alton Railway.
Sec. 3. The said double track railway across Beaufort
street and the said single track railway to the center line of
First street, shall be constructed on the surface of said streets
as they now are, and be properly ballasted with gravel, cin¬
ders or other suitable material, and those parts thereof in the
driveway or roadway of said streets shall be kept properly
planked between the rails thereof and outside of the rails
thereof to the ends of the ties, and at all times kept in good
repair and safe condition.
Sec. 4. Whenever the town of Normal shall determine
to pave or otherwise improve any one or both of said streets,
along the route of said street railway herein above described,
or along any part of either one or both of said streets, then
the said Bloomington and Normal Railway, Electric and
98
Heating Company its successors and assigns, shall pave or
otherwise improve with the same materials used by the town
of Normal, unless other materials are agreed upon, between
the rails of its said tracks and for a distance of one foot out¬
side of the rails of its said tracks, and between its tracks in
case of all switches and double tracks, at its own expense,
and in the same manner as the balance of the said street shall
be paved, and àt the same time that such improvement or
pavement of the balance of such street or streets shall be
constructed. And if said company shall fail or refuse so to
do, the same may be done by the town of Normal and said
company shall be liable to said town for the cost thereof.
Sec. 5. All provisions and conditions of this ordinance
shall be binding upon the .successors, assigns or lessees, if
any, of said Bloomington and Normal Railway, Electric and
Heating Company.
Sec. 6. This ordinance shall be in full force and effect
on and after its passage, approval and publication.
Passed and approved July 7, 1902.
O. SEIBERT, President.
Attest: E. A. Venciee, Town Clerk.'
STATE OF ILLINOIS,
Mc LEAN COUNTY.
TOWN OF NORMAL.
I, E. A. Vencill, clerk of said town, do hereby certify
that the foregoing is a true copy of the -original ordinance
passed and approved by the Town Council of said town, at
a. regular meeting thereof held on the 7th day of July, A. D.
1902, and published in the Normal Advocate, a weekly news¬
paper of general circulation, published in said town on July
12, 1902.
Witness my hand and the seal of the said town of Nor¬
mal, this 14th day of April, A. D. 1904.
(Seal.) E. A. VENCILL, Clerk, Corp. Town of Normal.
99
TOWN OF NORMAL
to the
BLOOMINGTON AND NORMAL RAILWAY.
July 7, 1902.
AN ORDINANCE—Granting to the Bloomington and Normal Rail¬
way, and to its successors and assigns the right to erect poles and
string wires thereon, and maintain the same, over which, or by
which, to convey electricity for lighting purposes.
WHEREAS, It appears from the petition of the owners
of more than one-half (J/2) of the property fronting on that
part of Linden street, between Beaufort street and Lincoln
street, and upon Lincoln street between Linden street and
School street, and upon School street, between Lincoln street
and North street, presented to this council with the applica¬
tion of the said Bloomington and Normal Railway, that the
said owners of a majority of the property fronting on said
parts of said streets have requested this council to grant to
the said Bloomington and Normal Railway the right to erect
poles and string wires, on said parts of said streets, and to
maintain the same, over which, or by which to convey elec¬
tricity for lighting purposes, and
WHEREAS, It appears to this Council from said front¬
age petitions that said Bloomington and Normal Railway
has, in all particulars complied with the law, and is author¬
ized by its charter powers to do lighting in the town of Nor¬
mal, and that the owners of property fronting'upon the said
parts of said streets representing more than one-half (y2)
of the frontage of said property upon each of said streets,
have petitioned this Council to grant the said right to the
said Bloomington and Normal Railway, therefore,
Be it ordained by the Town Council of the Town of Normal :
Section i. That said Bloomington and Normal Rail¬
way, its successors and assigns, is hereby granted permis¬
sion to erect all necessary poles and to string thereon all
necessary wires, and to maintain the same upon and along
that part of Linden street between Beaufort and Lincoln
streets, and upon Lincoln street, between Linden street and
100
School street, and upon School street, from Lincoln street to
North street, over which or by which to convey electricity
for lighting purposes.
All such poles shall be at least thirty (30) feet in height,
and shall be shaved and painted, and all of said poles shall
be erected at such points as may be designated by the Town
Council of said town of Normal, through its Committee on
Streets and Alleys, or through any properly authorized offi¬
cer of said town. And no poles other than the poles used by
said Bloomington and Normal Railway, or its successors or
assigns, to carry its railway feed span and trolley wires, pur¬
suant to the ordinance approved February 11, 1902, shall be
erected upon any of the streets of said town by said Bloom¬
ington and Normal Railway, its successor or assigns, except
with the special consent of this Council, or that of a duly
authorized officer appointed and authorized by this Council.
And in case of danger to life or property on account of said
poles and wires, the chief of the fire department of said town,
in case of emergency may cut down and remove said wires
without claim for damages against said town and the said
wires at the option of the said Bloomington and Normal
Railway shalf be replaced without expense to said town.
Sec. 2. Said town shall, at all times, have the right to
run its fire alarm and all other wires belonging to the said
town on said poles, free of rent, and said Bloomington and
Normal Railway shall in return have the right to, run its
wires, for private incandescent lighting, and the furnishing
of electric current, upon any poles belonging to said town,
provided said wires shall not in any way interfere with the
wires of said town or with their efficiency.
Sec. 3. Should said town hereafter grant to any person,
company or corporation, the right to do electric lighting, by
means of poles and wires upon the streets of said town, then
said Bloomington and Normal Railway so far as the same
may be practicable, without interfering with the efficiency
of its own circuits, grants to said persons, company or cor¬
poration, a pole licen'se, for a reasonable compensation, so
101
as to avoid unreasonable and unnecessary erection of poles
upon the said streets of said town.
Sec. 4. This ordinance shall be in full force and effect
on and after its passage, approval, and publication.
Passed and approved this 7th day of July, A. D. 1902.
O. SEIBERT, President.
Attest: E. A. Vencill, Clerk.
STATE OF ILLINOIS, ) ss
McLEAN COUNTY, )
TOWN OF NORMAL.
I, J. S. Courtright, Clerk of said town, do hereby certify
that the foregoing is a true copy of the original ordinance
granting the B. & N. Ry., the right to erect poles and string
wires thereon to convey electricity for lighting purposes,
passed and approved by the Town Council of said town, at
a regular meeting thereof held on the seventh day of July,
A. D. 1902, and published in the Normal Advocate, a weekly
newspaper of general circulation published in said town on
July 12, 1902.
Witness, my hand and the seal of the said town of Nor¬
mal, this eleventh day of April, A. D. 1905.
(Seal.) J. S. COURTRIGHT, Clerk.
CITY OF BLOOMINGTON.
to the
BLOOMINGTON & NORMAL RAILWAY.
May 16, 1902.
ORDINANCE.
By Alderman Rodgers, the following report :
To the Honorable Mayor and City Council of the City of
Blooming.ton:
Gentlemen :—Your committee, to whom was referred
the application of the Bloomington and Normal Railway for
the right to locate, construct, maintain and operate a street
102
railway upon Catherine street north of Chestnut street and
upon the alley running east from the north end of Catherine
street to the alley running north next east of Catherine street ;
thence north on said alley to the center line of Walnut street
and on Walnut street from its west end to the center line of
Mason street ; thence north on Mason street to the center line
of Seminary avenue; also from the center line of Front street
south on Gridley street to the center linç of Clay street;
thence east on Clay street to the eastern corporate limits of
the city; also on Clinton street from the north line of Uni¬
versity avenue to the south line of Walnut street, beg leave
to report that after a careful consideration of the matter, we
recommend that the application of the said Bloomington and
Normal Railway be granted in accordance with the terms
and provisions of an ordinance herewith submitted and made
a part of this report. Respectfully submitted,
J. F. HULVA,
PAUL FINNAN, DANIEL M. O'NEIL,
CHAS. L. MILLER, Committee on Railroads.
Committee on Streets and Alleys.
Received and placed on file.
By the clerk, the following certificate of publication and
application for grant of franchise, and Ordinance :
To the Honorable Mayor and City, Council of the City of
Bloomington:
GdnTusmEn :—The Bloomington and Normal Railway
makes application to your honorable body for a grant of the
right to locate, construct, maintain and operate an electric
railway on Clinton street, from the north line of University
avenue to the south line of Walnut street, there to connect
with our present line on Clinton street.
The street upon which we desire to locate construct and
operate said railway is shown on the plat hereto attached.
îoe
We herewith present to your honorable body, as a part
of this petition, proof of the publication in the Bloomington
Daily Bulletin, a newspaper published in the city of Bloom¬
ington, ten days previous to this meeting, of our notice of
our intended application for the grant hereinabove men¬
tioned.
We also present with this application, the petition of
owners of more than one-half of the property fronting on
said part of said street, asking your honorable body to grant
us the right to construct, maintain and operate said railway,
with necessary appurtenances, on said street.
Respectfully submitted,
BLOOMINGTON & NORMAL RAILWAY,
By A. E. DdMange, President.
CERTIFICATE OF PUBLICATION.
I hereby certify that the annexed notice has been pub¬
lished one time in the Bloomington Bulletin, a daily news¬
paper of general circulation published in the city of Bloom¬
ington, county of McLean and state of Illinois, the first
publication having been on the 22nd day of April, 1902.
Dated at Bloomington 111., this 25th day of April, 1902.
Printer's fee, $1.20—received payment.
BRALEY & O'DONNELL, Publishers.
Notice.—On Friday, May 2, 1902, at the regular hour
of meeting of the Bloomington City Council at the City Hall,
in the city of Bloomington, the undersigned will present to
said City Council its application for consent of said City
Council, that the undersigned, its successors or assigns, may
construct and operate a railway with electric or other ap¬
proved motive power, upon and along the following street in
said city : On Clinton street, from the south line of Walnut
street to the north line of University avenue.
BLOOMINGTON & NORMAL RAILWAY.
104
AN ORDINANCE—Granting to the Bloomington and Normal Rail¬
way, and to its successors and assigns, the right to locate, construct,
maintain and operate a street railway upon Catherine street, north
of Chestnut street, and upon the alley running east from the north
end of Catherine street to the alley running north next east of Cath¬
erine street, thence north on said alley to the center of Walnut
street, and on Walnut street from its west end to the center line of
Mason street, thence north on Mason street to the center line of
Seminary avenue ; also from the center line of Front street, south
on Gridley street to the center line of Clay street, thence east on
Clay street to the eastern corporate limits of the city; also on Clin¬
ton -street, from the north line of University avenue to the south
line of Walnut street.
WHEREAS, The Bloomington and Normal Railway
did, on the 7th day of April, 1902, publish in the Daily Pan-
tagraph and the Daily Bulletin newspapers published in the
city of Bloomington, county of McLean and state of Illinois,
its notice that it would, on the 18th day of April, 1902, ap¬
ply to this Council for a grant of the right to construct, main¬
tain and operate street railways with all necessary electrical
appurtenances and equipments upon Catherine street, north
of Chestnut street, and upon the alley running east from the
north end of Catherine street to the alley line next east of
Catherine street, thence north on said last mentioned alley to
Walnut street, and on the center line of Walnut street from
its west end to the center line of Mason street, thence north
on the center line of Mason street to the center line of Sem¬
inary avenue; also from the center line of Front street, at
the intersection of Gridley street, there to be connected with
the present line on Front street, thence south on Gridley
street, on the center line thereof, to the center line of Clay
street, thence east on Clay street on the center line thereof,
to the eastern corporate limits ; and,
WHEREAS, The said Bloomington and Normal Rail¬
way did, on the 22nd day of April, 1902, publish in the
Bloomington Bulletin, a newspaper published in the said
city, county and state its notice that on the 2nd day of May,
1902, it would apply to this Council for a grant of the right
to construct, maintain and operate a street railway on Clin-
105
ton street, on the center line thereof, from the north line of
University avenue to the south line of Walnut street, there
to be connected with the railway now on Clinton street, and
WHEREAS, The said Bloomington and Normal Rail¬
way has filed its written application before this Council for
said grant, and,
WHEREAS, It appears from the petition of the owners
of more than one-half (/4) of the property fronting upon
that part of Catherine street north of Chestnut street, and
upon the alley running east from the north end of Catherine
street, and on the alley lying next east of Catherine street,
running north to Walnut street, and on Walnut street from
its west end to the center line of Mason street, and on Ma¬
son street, from Walnut street to the center line of Seminary
avenue; .also on Clinton street, from the north line of Uni¬
versity avenue, to the south line of Walnut street; also on
Gridley street from* the center line of Front street to the
center line of Clay street and on Clay street to the eastern
corporate limits of the city, presented to this Council with
the said application of the said Bloomington and Normal
Railway, that the said owners of the majority of the prop¬
erty fronting on said parts of said streets and alleys, have
requested this Council to grant the said rights to the said
Bloomington and Normal Railway and others ; and,
WHEREAS, It appears to this Council from said peti¬
tions and from certificates of publication of the said notices
that the said Bloomington and Normal Railway has, in all
particulars, complied with the law and that the owners of
property fronting upon each of said streets and alleys repre¬
senting more than one-half (J4 ) of the frontage of property
upon said streets and alleys, have petitioned this council to
grant the said rights to the said Bloomington and Normal
Railway and others, therefore,
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That the Bloomington and Normal Rail-
106
way, its successors and assigns, are hereby granted the right
to locate, construct and operate a single track street railway,
with all its necessary poles, wires, and other electrical ap¬
purtenances and equipments, together with all necessary
switches, passing tracks, turnouts and connections, from the
center of Chestnut street, at the intersection of Catherine
street, and connected with the West Chestnut street line,
«
thence curving northwest to the center line of Catherine
street, thence north on Catherine street to the north end
* \
thereof, thence east on the alley running east from the north
end of Catherine street to the alley running north lying next
east of Catherine street, thence north on said last mentioned
alley to Walnut street, thence east on Walnut street on the
center line thereof, to Mason street, thence curving northeast
to the center line of Mason street, thence north on the center
line of Mason street to Seminary avenue, thence curving
northeast to the center line of Seminary avenue; also from
the center line of Front street, there to be connected with the
railway now on Front street by a suitable connection, thence
i
curving southeast on Gridley street to the center line thereof,
thence south on the center line thereof to Clay street, curv¬
ing thence southeast to the center line of Clay street, thence
east on the center line of Clay street to the eastern corporate
limits of the city; also on the center line of Clinton street,
from the north line of University avenue to the south line of
Walnut street, there to be connected with the railway now
on Clinton street.
Sec. 2. The right to locate, construct, maintain and op¬
erate the said railways upon said streets and alleys men¬
tioned in section one (i) of this ordinance, with all their
necessary poles, wires, appurtenances and all necessary elec¬
trical equipments, switches, curves, passing tracks and turn¬
outs shall continue for a period of twenty (20) years from
the date of the acceptance of the provisions of this ordinance :
Provided, the location of all necessary poles, wires, appur¬
tenances, and all necessary electrical equipments, switches,
107
curves, passing tracks and turnouts shall be under the direc¬
tion of the City Council, or under the direction of a duly au¬
thorized committee of the City Council or under the direc¬
tion of some duly authorized officer of the city of Blooming-
ton, appointed by the City Council.
Sec. 3. The said street railways may be constructed
with "T" rails of not less than forty-five (45) pounds weight
to the yard, except that the curves from Chestnut street to
Catherine,street may be 60-pound 6-inch "T" rail.
Sec. 4. This ordinance shall in no way modify, abridge,
alter or impair the rights, privileges and franchises hereto¬
fore granted to the said Bloomington and Normal Rail¬
way, or to its predecessors, the Bloomington and Nor¬
mal Horse Railway Company, or to the Bloomington City
Railway as an original corporation, or to the Bloomington
City Railway as the consolidated corporation, composed of
the Bloomington and Normal Horse Railway Company and
the Bloomington City Railway ; neither shall this ordinance
in any way increase or extend any of the rights, privileges
and franchises heretofore granted to said railway or rail¬
ways, or to either of them, nor the time for which the same
were originally granted.
Sec. 5. The gauge of said railways shall be four (4)
feet, eight and one-half (8J/2) inches.
The rails, except as provided in section three (3) of this
ordinance, shall be steel "T" rails, of not less than forty-five
(45) pounds weight to the yard while said streets and alleys
remain unpaved, and not less than sixty (60) pounds weight
to the yard on all streets that may hereafter be paved ; and
said track shall be so constructed and maintained that the
tops of the rails thereof shall be at the proper grade of the
street upon which such railway or railways is or are located,
and as the grade thereof shall from time to time thereafter
be established by the proper authorities of the city of Bloom¬
ington. And the space occupied by said tracks between the
rails thereof and to the ends of the ties, shall be filled with
108
cinders, or gravel, or other proper ballasting material, prop¬
erly crowned; and at all unpaved intersections shall be
planked between the rails and to the ends of the ties, unless
otherwise directed by this Council, so that the said railways
shall obstruct or impede as little as is practicable, the free
and ordinary use of said streets and alleys for the passage of
wagons, carriages and other vehicles on or across said tracks.
And the same shall be maintained clear of weeds and in
proper condition and repair. The decision of the Committee
\
on Streets and Alleys of the City Council, or a majority of
such committee, shall be final and conclusive as to the proper
condition and repair of such track or tracks, and of such
streets and alleys, with reference to and in connection with
such track or tracks.
Sec. 6. The cars of said street railway may be operated
upon said streets and alleys mentioned in section one ( i) of
this ordinance, by electric current, or other improved motive
power except steam. All wires for the electrical equipment
of said railways shall be maintained at a height of not less
than eighteen ( 18) feet above the surface of the street.
Sec. 7. The Bloomington and Normal Railway, its suc¬
cessors and assigns, shall save and keep harmless the city
of Bloomington from all suits, damages, judgments or costs,
which may be commenced, maintained, or recovered against
the said city by reason of this grant of the rights and privi¬
leges herein specified, and said Bloomington and Normal
Railway, its successors and assigns, shall pay all damages,
if any, to owners of property abutting upon said streets upon
or over which said street railway shall be constructed, which
they may sustain by reason of the erection, construction, lo¬
cation, maintenance or operation of said street railway, the
same to be ascertained and paid in the manner provided by
law.
s
Sec. 8. The construction of said railways, with their
electrical and other appurtenances, on Gridley and Clay
streets, to the Illinois Central railroad, shall be completed
109
and ready for the operation of cars over the same, as far
east as the Illinois Central railroad, on or before the first
day of July, 1902. And the remainder of the proposed line
on Clay street shall be completed and ready for the operation
of cars over the same to the eastern limits of the city of
Bloomington on or before November 1, 1903, otherwise this
grant, so far as it applies to Gridley and Clay streets, shall
become null and void, except in case further time is granted
by this Council. All other lines of railway herein provided
for shall be completed on or before November 1, 1903, other¬
wise the Bloomington and Normal Railway shall forfeit all
rights, privileges, and franchises granted by this ordinance,
and said ordinance shall become null and void, and anv
/ *
track, or tracks which may be constructed shall be removed
from said street or streets at the expense of the Bloomington
and Normal Railway, or by the city of Bloomington, should
the Bloomington and Normal Railway fail to remove said
track or tracks within thirty (30) days after receiving notice
from the city of Bloomington so to do, unless the time, for
good cause shown, shall be extended by the City Council of
the city of Bloomington.
Provided, In case the work of construction of said rail¬
ways, should be delayed by the order or injunction of any
court, the time during which said construction is so delayed
shall not be counted. And after the construction of said
railways, a car or cars shall be operated over the same on all
of said streets and alleys during the same hours that cars are
operated over the said Bloomington and Normal Railway s
other lines, in the city of Bloomington : Provided, that the
said Bloomington and Normal Railway shall not be required
to operate cars so that the same shall pass any given point
over said lines of railway oftener than every twenty (20)
minutes during such hours of the day and night as said
Bloomington and Normal Railway, its successors or assigns,
shall operate other cars upon the other lines of its system.
S#c. 9. Every passenger upon the cars of said street
110
railways so to be constructed and operated upon said streets
and alleys, shall be entitled upon the payment of one five-
cent fare, or one regular ticket, to a transfer for a continu¬
ous ride to any point on any other line of street railway now
owned or operated or hereafter to be owned or operated by
the said Bloomington and Normal Railway, in the town of
Normal, and the city of Bloomington and outlying territory,
to the same extent and subject only to the same restrictions
* now in force or hereafter in force on said Bloomington and
\ • *
Normal Railway's other lines in the city of Bloomington,
and town of Normal : Provided, that entire cars may be let
or chartered, by said company, its successors or assigns, for
special parties or special purposes, and at special prices.
Sec. io. All cars operated upon the railways so to be
constructed upon the said streets and alleys shall be of the
same general style and class as those now in use for the car¬
riage of passengers on the various lines of the said Bloom¬
ington and Normal Railway, or its successors or assigns,
and shall be kept in good condition and repair, properly
lighted, properly heated, and otherwise maintained in suit¬
able condition for the convenience, comfort and safetv of
7 y
passengers.
No cars operated on said street railways shall be used for
any other purpose than to transport passengers and their
ordinary baggage and package freight.
Sec. i i. Whenever the city of Bloomington shall deter-
mine to pave or repave or otherwise improve any one or
more of said streets or alleys along the route of said street
railways, or along any part of any one or more of said
streets, then the said Bloomington and Normal Railway, its
successors and assigns, shall pave, or repave, or otherwise
improve, with the same materials specified by the city of
Bloomington for the pavement of said streets or alleys or
parts thereof; unless other materials are agreed upon, be¬
tween the rails of its said tracks, and for the distance of one
foot outside of the rails of its said tracks, and between the
Ill
tracks wherever switches, turnouts or double tracks are lo¬
cated, at its own expense and in the same manner and at the
0
same time that the balance of the said streets or alleys or
parts thereof shall be paved or otherwise improved.
And if the said Bloomington and Normal Railway shall
fail or refuse to comply with the provisions of this section,
the city of Bloomington may do said paving, or improving,
and said Bloomington and Normal Railway shall be liable
to the said city of Bloomington in an action at law for the
cost thereof.
SEC. 12. All provisions and conditions of this ordinance
shall be binding upon the successors, assigns or lessees, if
any of said Bloomington and Normal Railway.
Sec. 13. Regular tickets for passage over said lines of
railway, good upon all cars except specially chartered cars,
shall be sold at the rate of not less than six (6) tickets for
twenty-five cents (25c) with a free transfer for a continuous
ride on the next connecting car over any other one line oper¬
ated by said Bloomington and Normal Railway in Bloom¬
ington and Normal or outlying territory.
Sec. 14. Said street railways shall be constructed, main¬
tained and operated so as not to interfere with, or damage,
f
either the sewerage or the drainage, or the water systems of
said city of Bloomington, and the said Bloomington and
Normal Railway, its successors and assigns, shall pay all
damages, if any to the city of Bloomington which may be
sustained by said sewerage, drainage or water systems, by
reason of the construction, maintenance or operation of said
street railways, the same to be ascertained and paid for in the
manner provided by law.
Sec. 15. Said Bloomington and Normal Railway, its
successors and assigns, in consideration of the rights, privi¬
leges and franchises hereby granted, shall strictly comply
with all the terms of this ordinance, and of all ordinances,
rules and regulations now in force in the said city of Bloom¬
ington, or which may hereafter be in force in the said city
112
of Bloomington, touching the use of said street or streets,
alley or alleys, in the operation thereon of said railway or
railways.
S^C. i 6. Nothing in this ordinance shall be construed
so as to prevent the said Bloomington and Normal Railway,
its successors or assigns or lessees, from carrying passengers
over and upon its Normal-Bloomington line or lines, or over
any city line or lines, at less than regular fare fixed in sec¬
tion thirteen (13) "of this ordinance to be charged upon the
lines of railway which it is herein granted the privilege to
locate, construct and operate ; and nothing herein contained
shall be so construed as to prevent the said Bloomington
, and Normal Railway, its successors, lessees or assigns, from
establishing upon its Normal-Bloomington line or lines, or
upon any city line or lines a lower rate than the regular cash
fare, or the regular price for the sale of tickets limited to
passage over and upon such Bloomington-Normal line or
lines or over any city line or lines only, without the right to
transfer to other lines.
«
Skc. 17. Said Bloomington and Normal Railway, its
successors and assigns, shall carry free of charge all police¬
men of the city of Bloomington when in uniform.
Stc. 18. Any person, company or corporation, when
authorized by proper ordinance, granted by the City Council
of the city of Bloomington, shall have the right to use the
tracks, power and appurtenances on all lines of the Bloom¬
ington and Normal Railway, for the passage over the same
of inter-urban electric cars, upon payment of reasonable
compensation for such use of said tracks, power and appur¬
tenances to the Bloomington and Normal Railway; Pro¬
vided, in case such compensation for such use of said tracks,
power and appurtenances cannot be agreed upon between
such persons, company or corporation and the said Bloom¬
ington and Normal Railway, the question of such compensa¬
tion shall be submitted to arbitration; one arbitrator to be
selected by the said Bloomington and Normal Railway Com-
118
pany ; another arbitrator to be selected by such person, com¬
pany or corporation desiring to use said tracks for the pur¬
pose aforesaid, and the two arbitrators so selected to choose
a third arbitrator, and the decision of a majority of such
three arbitrators shall determine the compensation to be
paid to the said Bloomington and Normal Railway Company
for such use of said tracks, power and appurtenances, for
the purpose defined in this section ; Provided, nothing in this
section shall be so construed so as to require the Blooming-
ton and Normal Railway to give the right of a passage over
its tracks to any such person, company or corporation, to do
a local business within the city of Bloomington or within
territory covered by the said Bloomington and Normal Rail¬
way Company lines or between Normal and Bloomington,
except for compensation to be agreed upon between the said
Bloomington and Normal Railway Company and such per¬
son, company or corporation, and if such compensation can
not be agreed upon between the parties then the same shall
be submitted to arbitrators, as hereinabove provided.
Sec. 19. It is hereby expressly understood, that the
rights, privileges and franchises hereby granted, are to be
exercised subject to all the terms and conditions of this or¬
dinance and also subject to all the terms and conditions of
Article forty-six (46) of the Revised Ordinances of the city
of Bloomington, entitled "Street Railroads,". except in so
far as only theN same are hereinafter modified.
Sec. 20. Section 1824, Article forty-six (46) of the
Revised Ordinances of the city of Bloomington, entitled
"Street Railroads," in so far as it requires the execution of
a bond to the city of Bloomington by the Bloomington and
Normal Railway; Section 1831 of said Article 46 in so far
as it pertains to the omission of said bond last above men¬
tioned, and Section 1832 of said Article 46, in so far as it
limits the time of the grant herein in the streets and alleys
mentioned in section one of this ordinance, shall not apply to
and in no way affect the rights and privileges hereby granted
in this ordinance.
114
Sec. 2i. Unless this ordinance shall be accepted by an
instrument in writing- executed by the said Bloomington and
Normal Railway and filed with the City Clerk of the city of
Bloomington within thirty (30) days after its passage, the
same shall thereafter become null and void.
SEC. 22. This ordinance shall be in full force and effect
from and after its passage and the acceptance of the provi¬
sions thereof by the said Bloomington and Normal Railway,
as herein provided.
s Passed this 16th day of May, A. D. 1902.
Approved this 17th day of May, A. D. 1902.
LEWIS B. THOMAS, Mayor.
Attest: C. C. HasseEr, City Clerk.
Alderman Miller moved that the rules be suspended and
the ordinance placed upon its passage.
(Motion withdrawn until after the reading of the fol¬
lowing report of the Committe on License.)
On motion of Alderman Miller the rules were suspended,
and the ordinance placed upon its passage and passed by the
following aye and nay vote :
Ayes: 14.
Nays: None.
Alderman Miller then renewed his motion that the rules
be suspended and the ordinance granting certain rights to
the Bloomington and Normal Railway on Clay, Catherine,
Mason and Chestnut streets be placed upon its passage.
Alderman Rodgers moved to amend to strike out the
words Letter Carriers and Firemen.
The amendment prevailed by the following aye and nay
vote :
Ayes : Kerrick, O'Connell, Shorthose, Freese, Bolles,
Means, Rodgers, Graham, Smith—9.
Nays: Finnan, O'Neil, Holland, Miller—-5.
Alderman Finnan offered as an amendment that the fran¬
chises asked for by the Bloomington and Normal Railway
115
Co. be granted only for such time as the latest franchise now
in existence èxpires.
Amendment withdrawn by Alderman Finnan.
Alderman Finnan objected to passage of ordinance, ob¬
jection ruled out of order on account of rules having been
suspended.
The ordinance was then placed upon its passage and
passed by the following aye and nay vote:
Ayes ; Kerrick, O'Connell, Shorthose, Freese, Bolles,
Means, Rodgers, O'Neil, Holland, Smith, Miller, Hulva
—12.
Nays : Graham ( i) , Alderman Finnan not voting.
To the Honorable Mayor and City Council of the City of
Bloomington:
GenteEmEn :—We accept' the provisions of the ordi¬
nance granting to the Bloomington and Normal Railway,
and to its successors and assigns, the right to locate, con¬
struct, maintain and operate a street railway upon Catherine
street, north of Chestnut street, and upon the alley running
east from the north end of Catherine street to the alley run¬
ning north next east of Catherine street ; thence north on
said alley to the center line of Walnut street and on Walnut
street, from its west end to the center line of Mason street ;
thence north on Mason street to the center line of Seminary
avenue; also from the center line of Front street south on
Gridley street to the center line of Clay street.; thence east
on Clay street to the eastern corporate limits of the city;
also on Clinton street from the north line of Universitv ave-
nue to the south line of Walnut street, passed May 16th and
approved May 17, 1902.
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY,
(Successor to Bloomington and Normal Railway.)
By A. E. DeMange, President.
116
•STATE OF ILLINOIS, )
McLEAN COUNTY, [• ss.
CITY OF BLOOMINGTON, )
I, C. C. Hassler, clerk of said city, do hereby certify that
the foregoing is a true copy of the original acceptance to
ordinance by the City Council of said city, at a regular meet¬
ing thereof held on the 6th day of June, A. D. 1902.
Witness my hand and the seal of the said city of Bloom-
ington, this 10th day of July, A. D. 1902.
(Seal.) ' C. C. HASSLER, Clerk.
STATE OF ILLINOIS, )
1 > ss
CITY OF BLOOMINGTON. j *
I, Herbert L. "Denison, City Clerk of the city of Bloom¬
ington, do hereby certify, that the above and foregoing, on
pages one (i) to thirteen (13) inclusive, are true and corT
#
rect copies of the report of the Committee on Railroads, the
application of the Bloomington and Normal Railway, the
«
public notice and the certificate of publication thereof, the
ordinance, the vote by which said ordinance was passed, and
the acceptance of the provisions of said ordinance by the
Bloomington and Normal Railway, the originals of which
are on file in the office of the City Clerk of the city of Bloom¬
ington, and that the said ordinance was duly passed by the
City Council of the city of Bloomington on the 16th day of
May, 1902, and approved by the Mayor on the 17th day of
May, 1902.
In witness whereof, I have hereunto set my hand and
seal and affixed the seal of the said city of Bloomington on
this first day of April, 1904.
H. L. DENISON, City Clerk.
(Seal.) By C. C. HasseEr, Ass't.
By the Clerk :—
From Chas. F. Wertz, J. D. Robinson and others, prop¬
erty owners on Gridley street, between Front and Clay
117
streets, and on Clay street, between Gridley street and the
Illinois Central Railroad, asking that the time specified in
granting of franchise ordinance to the Bloomington & Nor¬
mal Railway to construct street railway on said streets, be
extended from July i, 1902, to September 1, 1902.
Granted.
(Council Proceedings, 1903, p. 72.)
Alderman O Neil from joint committee on Railroads and
Streets and Alleys, presented the following report :
To the Honorable, the Mayor, and the City Council of the
City of Bloomington:
Gentlemen :—Your joint committee to whom was re¬
ferred the ordinance amending Section 8 of an ordinance
passed May 16, 1902, and approved May 17, 1902, granting
' to the Bloomington and Normal Railway, and to its suc¬
cessors and assigns, the right to locate, construct, maintain
and operate, a street railway, upon certain streets therein
named, beg leave to report that we have given the matter
our careful consideration and recommend the passage qf said
amendment. Respectfully submitted,
DANIEL M. O'NEIL,
J. F. HULVA,
Committee on Railways.
J. W. RODGERS,
CHAS. L. MILLER,
Committee on Streets and Alleys.
The report was adopted.
By the Clerk, the following ordinance, presented June 6,
and laid over for one week :
To the Honorable, the Mayor, and the City Council of the
City of Bloomington:
GenTl£m£n :—We are advised that your honorable
body, at your regular meeting, held May 30, 1902, granted
the petition of owners of property fronting on Gridley street,
118
between Front street and Clay street, and on Clay street, be¬
tween Gridley street and the Illinois Central Railroad, ask¬
ing that the Bloomington and Normal Railway be granted
until September I, 1902, to complete the construction of the
proposed street railway on Gridley street, between Front
street and Clay street, and on Clay street, between Gridley
street and the Illinois Central Railroad.
Pursuant to that action by your honorable body, we
herewith present for passage an amendment to section eight
(8) of the ordinance granting to the Bloomington and Nor-
' mal railway the right to locate, construct, and operate a
street railway on said streets, so that the same shall provide
for the extension granted hereinabove referred to.
Respectfully submited,
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING CO.
(Successor to Bloomington and Normal Railway.)
By A. E. DeMange, President.
CITY OF BLOOMINGTON.
to the
BLOOMINGTON AND NORMAL RAILWAY.
June 14, 1902.
ORDINANCE—Amending Section 8 of an ordinance passed May 16,
1902, and approved May 17, 1902, granting to the Bloomington and
Normal Railway, and to its successors and assigns, the right to lo¬
cate, construct, maintain and operate a street railway upon Cather¬
ine street, north of Chestnut street, and upon the alley running east
from the north end of Catherine street to the alley running north
next east of Catherine street, thence north on said alley to the cen¬
ter line of Walnut street, and on Walnut street from its west ejpd
to the center line of Mason street; thence north on Mason street
to the center line of Seminary avenue ; also from the center line of
Front street south on Gridley street to the center line of Clay street;
thence east on Clay street to the eastern corporate limits of the city ;
also on Clinton street from the north line of University avenue to
the south line of Walnut street.
WHEREAS, Owners of the property fronting on Grid-
ley street, between Front street and Clay street, and on Clay
119
street, between Gridley street and the Illinois Central Rail¬
road, who petitioned this council to enact an ordinance per¬
mitting the Bloomington and Normal Railway, its successors
and assigns, to locate, construct, and operate a street railway
on Gridley street, between Front street and Clay street, and
on Clay street, between Gridley street and the Illinois Cen¬
tral Railroad, upon condition that the said street railway be
completed by July i, 1902, did, on the 30th day of May,
1902, at the regular meeting of this Council held on that
date petition this Council to extend the time for the comple -
tion of said railway from July 1 to September 1, 1902, and
WHEREAS, It appears to this Council from said peti¬
tion that the successor of the Bloomington and Normal Rail¬
way intends, in good faith, to construct said street railway;
therefore,
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i*. That section eight (8) of the said ordinance
passed May 16, 1902, and approved May 17, 1902, granting
to the Bloomington and Normal Railway, and to its succes¬
sors and assigns the right, to locate, .construct, maintain and
operate a street railway upon Catherine street, north of
Chestnut street, and upon the alley running east from the
north end of Catherine street to the alley running north next
east of Catherine street; thence north on said alley to the
center line of Walnut street; and on Walnut street from its
west end to the center line of Mason street ; thence north on
Mason street to the center line of Seminary avenue; also
from the center line of Front street on Gridley street to the
center line of Clay street ; thence east on Clay street to the
eastern corporate limits of the city; also on Clinton street
from the north line of University avenue to the south line of
Walnut street, be and the same is hereby amended so as to
read as follows :
SEC. 8. The construction of said railways, with their
electrical and other appurtenances, on Gridley and Clay
f
120
streets, to the Illinois Central Railroad, shall be completed
and ready for the operation of cars over the same, as far east
as the Illinois Central Railroad, on or before the first day of
September, 1902. And the remainder of the proposed line
on Clay street shall be completed and ready for the operation
of cars over the same to the eastern limits of the city of
Bloomington on or before November 1, 1903, otherwise this
grant, so far as it applies to Gridley and Clay streets., shall
become null and void, except in case further time is granted
\ •
by this Council. All other lines of railway herein provided
for shall be completed on or before November 1, 1903, other¬
wise the Bloomington and Normal Railway, its successors or
assigns, shall forfeit all the rights, privileges and franchises
granted by this ordinance, and said ordinance shall become
null and void, and any track or tracks which may be con¬
structed shall be removed from said street or streets at the
expense of the Bloomington and Normal Railway, or by the
city of Bloomington should the Bloomington" and Normal
Railway fail to remove said track or tracks within thirty
(30) days after receiving notice from the city of Blooming¬
ton so to do, unless the time, for good cause shown, shall be
extended by the City Council of the city of Bloomington ;
Provided, In case the work of construction of said railways
should be delayed by the order and injunction of any court,
the time during which said construction is so delayed shall
not be counted. And after the construction of said rail¬
ways, a car or cars shall be operated over the same on all of
said streets and alleys during the same hours that cars are
operated over the said Bloomington and Normal Railway's
other lines, in the city of Bloomington ; Provided, that the
said Bloomington and Normal Railway shall not be required
to operate cars so that the same shall pass any given point
over said lines of railway oftener than every twenty (20)
minutes during such hours of the day and night as said
Bloomington and Normal Railway, its successors or assigns,
shall operate other cars upon the other lines of its system.
121
Passed this 13th day of June, 1902.
Approved this 14th day of June, 1902.
LEWIS B. THOMAS, Mayor.
Attest : C. C. HasstEr, City Clerk.
(Council Proceedings of 1903, p. 113.)
BOARD OF SUPERVISORS OF McLEAN CO., ILL.
*
WITH THE)
BLOOMINGTON AND NORMAL RAILWAY.
June 16, 1899.
CONTRACT.
Upon Supervisors Record J in the custody of the County
Clerk of said McLean county, Illinois, upon page 430, under
date of Friday, June 16, 1899, the following is recorded:
"A contract of the Bloomington and Normal Railway
was read. Mr. Griesheim moved that said contract be placed
upon record, which was carried; and the same is in words
and figures as follows, to-wit :
WHEREAS, The Board of Supervisors of the county of
McLean and state of Illinois, on the 9th day of March, 1899,
granted to the Bloomington and Normal Railway the right
to extend its tracks, poles and wires upon the highway
known as the Clinton road from the city limits of the city
of Bloomington south to a point on said Clinton road thir¬
teen hundred (1300) feet south of said city limits and to
operate its cars with electric current by means of said poles
and wires upon the said tracks, and,
WHEREAS, The said Board of Supervisors directed its
Judiciary Committee and the State's Attorney of McLean
county to execute a contract with said Bloomington and
Normal Railway pursuant to the said grant hereinbefore,
mentioned, therefore
122
THIS AGREEMENT WITNESSETH, That said
Bloomington and Normal Railway in pursuance of the said
grant is hereby given permission to extend its tracks with
necessary turnouts and its poles and wires upon the said
highway known as the Clinton road from the city limits of
the city of Bloomington southward to a point not to exceed
thirteen hundred ( 1300) feet south of said city limits, thence
to curve westward to the west line of the said highway.
The said Bloomington and Normal Railway by the exe¬
cution of this contract agrees to exercise all reasonable care
and caution to avoid colliding with vehicles, horses or trav-
«
elers and to avoid frightening horses traveling or being upon
said highway.
The Bloomington and Normal Railway further agrees
that in laying its tracks upon the said highway in pursuance
of said grant it will conform to the surface or present grade
of the said highway and will at all times keep the said high¬
way between the rails of its said track, leveled and surfaced
as near as may be in conformity with the adjacent parts of
said highway outside of the rails of the said track and should
said highway adjacent to said track be hereafter paved by
voluntary subscription, special assessment or otherwise, it,
the said railway will at the same time, with the same mate¬
rial and as near as is practicable in the same manner pave
that part of the said highway lying between the rails of its
said track thereafter keep the same in good repair.
If the said railway is not constructed and cars not in
operation thereon by the first day of September, 1900, this
contract shall be void.
In witness whereof, the said State's Attorney has at¬
tested his approval thereof and the said judiciary Commit¬
tee has hereunto subscribed their names and the said Bloom¬
ington and Normal Railway has caused its corporate name
123
to be subscribed by its president and attested by its secretary
and has further caused its corporate seal to be hereto affixed.
WOLF GRIESHEIM,
N. E. FRANKLIN,
L. F. CAMPBELL,
WM. FOREMAN,
C. R. EWING,
Judiciary Committee.
ROBERT L. FLEMING,
State's Attorney, McLean County, Illinois.
BLOOMINGTON AND NORMAL RAILWAY,
(Seal.) By A. E. DeMange, President.
Attest: Wieeis E. Gray, Secretary.
STATE OF ILLINOIS, \
McLEAN COUNTY. J SS'
I, Richard L. Carlock, Clerk of the County Court of said
county, do hereby certify that the foregoing is a true and
correct copy of the record of the grant over the first 1300
feet on the Clinton road in Bloomington township to the
Bloomington and Normal Railway as the same appears upon
the record in my said office.
In testimony whereof, I have hereunto subscribed my
name and affixed the seal of said court, this 13th day of
June, A. D. 1901.
R. L. CARLOCK, Clerk.
(Seal.) By P. A. Guthrie, Deputy.
124
BOARD OF SUPERVISORS OF McLEAN CO., ILL.
with the:
BLuumiNGTON and normal railway.
CONTRACT.
June 13, 1900.
NOTICE.
The Bloomington and Normal Railway, will present to
the Board of Supervisors of McLean county, Illinois, at their
usual place of meeting in the court house in the city of
Bloomington, 111., on the nth day of June, 1900, at 2
o'clock p. m., a petition for a grant of the right to lay, oper¬
ate and maintain an electric railway on the highway known
as the "Clinton road/' from a point thirteen hundred ( 1300)
feet south of the city limits of the city of Bloomington to
the south line of the first highway running west from said
Clinton road south of said first mentioned point; also for
the right to lay, maintain and operate an electric railway
across said highway running west from said Clinton road
at a point within twenty-five feet from the west line of said
Clinton road; also for the right to lay, maintain and oper¬
ate an electric railway across said Clinton road at a point
opposite the gate to Houghton's Lake park ; all for a period
of twenty (20) years.
Also for a grant of the right to maintain its electric rail¬
way tracks and necessary poles and wires on the highway
which is a continuation of East Washington street to the
end of said highway and from that point south on the high¬
way to a point three hundred and sixty (360) feet south of
the south line of the highway which is a continuation of the
street known as "Grove street" in the city of Bloomington,
Illinois, to the gate of the fair grounds or racing park, and
to operate its cars thereon for a period of twenty (20) years.
BLOOMINGTON AND NORMAL RAILWAY CO.,
By A. E. DsMange;, President.
125
CERTIFICATE OF PUBLICATION.
Printer's fees, $2.00.
I hereby certify, that the advertisement hereto annexed
was published in the Bloomington Pantagraph, (a daily)
newspaper published in the city of Bloomington, Illinois, for
one day, the publication being on the 30th day of May, 1900.
W. O. DAVIS, Publisher.
McMurry.
To the Honorable, the Board of Supervisors of the County
of McLean and State of Illinois:
G^nTIv^mkn :—We, the Bloomington and Normal Rail¬
way, respectfully petition your honorable body to grant us
for a period of twenty years, the right of way for our track,
poles and wires and for the operation of^ our cars on the
highway known as the Clinton road, being a continuation
of the street known as Main street, in Bloomington, Illinois,
from the terminus of our present grant, said terminus being
at a point thirteen hundred feet (1300 ft.) south of the city
limits of the city of Bloomington to a point seven hundred
and thirty (730) feet south thereof.
Also for the right for a period of twenty years to lay
and maintain an electric railway and operate cars thereon
across said Clinton road at a point opposite the gate or en¬
trance to the tract now known as Houghton's Lake Park.
And we present herewith the petition of the property
owners owning a majority of the land abutting upon said
seven hundred and thirty (730) feet of highway. The total
frontage on both sides of said seven hundred and thirty feet
of highway being fourteen hundred and ten (1410) feet and
the property owners signing the said petition owning a
frontage on said seven hundred and thirty feet of highway
of seven hundred and thirty (730) feet.
For the information of your honorable body, we desire
to state that Meyer & Wochner, owning six hundred and
forty (640) feet of land abutting on the west side of said
126
seven hundred and thirty feet of highway, offer to permit
us to build our proposed railway over said six hundred and
forty feet of land but decline to sign a written grant for such
right of way. We are not willing to construct permanent im¬
provements upon a mere license, therefore we are compelled
«
to ask your honorable body to extend our grant on said high¬
way seven hundred and thirty (730) feet south of its pres¬
ent terminus; at the end of which extension we can enter
the land of Stephen Houghton, who has given us a perma-
\
nent grant over his land to the gate of his park.
We present herewith a contract or grant for the right of
way on said seven hundred and thirty (730) feet of high¬
way similar to the one approved by your honorable body at
your June term, 1899, for the first thirteen hundred (1300)
feet of our proposed railway on said highway.
We also respectfully petition your honorable body to
grant us the right for a period of twenty (20) years to main¬
tain our track, poles and wires and to operate our cars on
the highway which is a continuation of Washington street
from the city limits to the end of said highway, thence south
on that part of the same highway called Vale street to a point
three hundred fortyeight (348) feet south of the south line
of the highway which is a continuation of the street in the
city of Bloomington known as Grove street, to the gate of
the Racing Park or Fair Grounds; and we present here¬
with the petition of the property owners owning a majority
of the land abutting upon said highway extending east from
said Washington street to the gate of said Fair Grounds.
The total frontage on both sides of said highway extending
east from said Washington street east of the said city limits
to the gate of said Fair Ground is forty-one hundred ninety-
eight (4198) feet and the property owners signing said peti¬
tion own a frontage on said highway extending east from
Washington street, of twenty-six hundred eighteen (2618)
feet.
For the information of your honorable body we desire
to state that by request of the abutting property owners for
127
more than ten years, this company and its predecessor has
maintained poles, wires and track on said last mentioned
highway, for the purpose of carrying people to and from the
Fair Grounds. We do not find that our predecessor had from
your honorable body any formal grant of the right of way
on said highway. It is our desire to make betterments and
improvements in our poles, wires and track on said highway
and to give the people living in that locality better and as
soon as practicable, continuous service, but before doing so,
we desire to have our right to occupy said highway settled
by your honorable body.
We present herewith a contract or grant for the right of
way on said highway similar to the one approved by your
honorable body at your June ferm, 1899, f°r the right
way on the first thirteen hundred feet of the highway known
as the Clinton road.
To this petition and the petitions of the property owners
herein mentioned, is attached this company's public notice
that it would apply to your honorable body for the grants
hereinabove mentioned on the nth day of June, 1900, to¬
gether with the certificate of the publisher of the Panta-
graph, a daily newspaper, that the said notice has been pub¬
lished more than ten days before the said nth day of June,
1900, in the daily Pantagraph, a newspaper published in the
city of Bloomington. Respectfully submitted,
BLOOMINGTON AND NORMAL RAILWAY,
By A. E. DeMange, President.
To the Honorable, the Board of Supervisors of the County
of McLean and State of Illinois:
Gentlemen ;—We desire to accompany our petition for
a grant of a right of way on the Clinton road and on the high¬
way extending east and south from Washington street in the
city of Bloomington presented to your honorable body on the
nth instant, with an offer to pay all damages, if any, which
may be sustained by the property owners on the line of said
128
proposed railways 011 account of the building thereof and
we request that if our petition is granted that this offer be
made a condition of the grant.
Respectfully submitted,
BLOOMINGTON AND NORMAL RAILWAY,
By A. E. DeMange, President.
To the Honorable, the Board of Supervisors of the County
of McLean and State of Illinois:
Gentlemen :—The undersigned owners of property
fronting on the line of the highway being a continuation of
Washington street from the city limits^ east to the point
where said highway turns south, and from said points south
to the gate of the Fair Grounds or Racing Park, respectfully
petition your honorable body to grant to the Bloomington
and Normal Railway and its assigns the right to maintain a
single track and wires on said highway from said city limits
to the end of said continuation of Washington street, thence
south on said highway from that point known as Vale street
to a point four hundred (400) feet south of the south line
of the highway which is a continuation of Grove street in
the city of Bloomington to the gate of said Fair Grounds or
Racing Park; and the right to propel and operate its cars
over said track on said highway for a period of twenty (20)
years :
NAMES. DESCRIPTION OP PROPERTY. FEET OF FRONTAGE.
L. M. Graham, part of lots 1, 2, 3 and 4, Fell's out lots
in the s. e. ^ sec- 3? twp. 23, r. 2 e 800
L. B. Merwin 100
W. H. Kreitzer, south side Washington street. . ...... .625
W. H. Kreitzer, west side Vale street 265
C. F. Coolidge, north side Washington street 100
L. O. Eddy, north side Washington street too
Lyle W. Funk, north side Washington street. . . 100
C. C. Noggle, east side Vale street 600
Bloomington Racing Ass'n., east side of that part of the
highway called, Vale street, by A. E. DeMange, Pres. 60
129
To the Honorable, the Board of Supervisors of the County
of McLean and State of Illinois:
GenteEmEn :—The undersigned owners of property
fronting on the line of the highway known as the "Clinton
road," the same being the continuation of the street in the
city of Bloomington known as "Main street" commencing
at a point thirteen hundred ( 1300) feet south of the city lim¬
its of said city of Bloomington and terminating at a point
forty-three hundred (4300) feet south of said starting
point, respectfully petition your honorable body to grant to
the Bloomington and Normal Railway and its assigns the
right to construct and maintain electric railway tracks,
switches and turn-outs on said highway from said point
thirteen hundred (1300) feet south of said city limits to a
point seven hundred and thirty (730) feet south of said
starting point and the right to erect and maintain the neces¬
sary poles and wires on said highway with which to propel
and operate its cars along and over said tracks, and that Said
right be granted for the period of twenty (20) years :
NAMES. DESCRIPTION OF PROPERTY. FEET OF FRONTAGE.
His
Stephen X. Houghton 660
Mark
Witness—J. Schausten.
Frank Pietsch 640
Christian Markgraf . . . . . . . 650
Chas. Joho .500
THE BOARD OF SUPERVISORS OF McLEAN CO.
June Term, 1900.
Your Committee on Judiciary respectfully report that:
WHEREAS, The Bloomington and Normal Railway
has petitioned this Board for the right to erect necessary
poles and wires and to lay and maintain its tracks upon the
highway known as the Clinton road from the point of the
terminus of its present grant, being a point thirteen hundred
130
(1300) feet south of the city limits, to a point seven hun¬
dred and thirty (730) feet south of said terminus; and for
the right to lay and maintain its electric railway across said
highway at a point opposite the present gate or entrance to
the tract known as Houghton's Lake Park; all for a period
of twenty (20) years, and
WHEREAS, It appears from the petition of property
owners filed with said petition of the Bloomington and Nor¬
mal Railway, that property owners owning land amounting
to a majority of the frontage upon said seven hundred and
thirty (730) feet of highway have petitioned this Board to
grant said right to the said Bloomington and Normal Rail¬
way, and
WHEREAS, The said Bloomington and Normal Rail¬
way has petitioned this Board for the right to maintain its
poles and wires and its track on the highway continuing east
from Washington street in the city of Bloomington to the
point where it turns south, thence south on said highway
thereafter called Vale street, to the entrance of the Racing
Park or Fair Grounds, a point three hundred forty-eight
(348) feet south of the south line of the highway which is a
continuation of Grove street in the city of Bloomington, and
WHEREAS, It appears from the petition of property
owners owning land * abutting on the line of said highway
extending east from Washington street and on that part of
said highway called Vale street that owners of property hav¬
ing a majority of the frontage on both of said highways have
petitioned this Board to grant the petition of the said Bloom¬
ington and Normal Railway; and it appearing from the cer¬
tificate of publication attached to and filed with the petition
of the said Bloomington and Normal Railway that public
notice of the filing of said petition was published in the daily
Pantagraph, a newspaper published in the city of Blooming¬
ton on the 30th day of May, 1900, as required by statute,
now therefore, be it
Resolved, That said Bloomington and Normal Railway
181
is hereby granted permission to erect the necessary poles and
wires and to construct its tracks and to maintain the same and
to operate its cars on the highway known as the Clinton
road from the terminus of said Bloomington and Normal
Railway's present grant—said terminus being a point in said
highway thirteen hundred (1300) feet south of the city lim¬
its of the city of Bloomington—thence south on said high¬
way a distance of seven hundred thirty (730) feet, being to
the south line of the first highway running west from said
Clinton road. And to lay and maintain its electric railway
across said highway known as the Clinton road at a point
opposite the gate or entrance to the tract of land known as
Houghton's Lake Park; all for a period of twenty (20)
years; Provided, that the said Bloomington and 'Normal
Railway shall run its cars on said above mentioned track at
least once in each twenty-four hours during the continuance
of said franchise, and that a failure to so run and operate
cars at least once in each twenty-four hours at any time dur¬
ing said twenty (20) years shall revoke this franchise; be
it further,
Resolvedy That said Bloomington and Normal Railway
is hereby granted permission to maintain its poles, wires and
track and to operate its .cars thereon upon the highway ex¬
tending east from Washington street in the city of Bloom¬
ington to the point where it turns south, thence south on said
highway thereafter called Vale street, to the entrance of the
Racing Park or Fair Ground, being a point three hundred
forty-eight (348) feet south of the south line of the high¬
way which is a continuation of Grove street in the city of
Bloomington; all for a period of twenty (20) years, upon
condition that said Bloomingon and Normal Railway shall
pay all damages if any which may be sustained by property
owners on the lines of said proposed railway on account of
the construction thereof ; Provided, that the said Blooming¬
ton and Normal Railway shall run its cars on not less than
1300 feet of said above mentioned track on South Main'
132
street south of the city limits at least once in each twenty-
four (24) hours during the continuance of said franchise,
and that a failure to so run and operate cars at least once in
each twenty-four (24) hours at any time during said twenty
(20) years shall revoke this franchise.
The said Bloomington and Normal Railway by the ac¬
ceptance of this grant agrees to exercise all reasonable care
and caution to avoid collision with vehicles, horses or trav-
7 \
elers and to avoid frightening horses being driven or being
■s
upon said highways.
The said Bloomington and Normal Railway by the ac¬
ceptance of this grant further agree that in laying or main¬
taining its track upon the said highways in pursuance of this
grant, it will conform to the surface or present grade of said
highways and will at all times keep the said highways be¬
tween the rails of said track leveled and surfaced as near as
may be in conformity with the adjacent part of said high¬
ways outside of the rails of its said track; and should said
highways or any one of them or any part of any one of them
adjacent to said track be hereafter paved by voluntary sub¬
scription, special assessment or otherwise, • it, the said rail¬
way, at the same time that said paving is done, will pave
that part of said highway or highways lying between the
rails of its track with the same materials and as near as is
practicable in the same manner and will thereafter keep the
same in good repair. And that upon a failure to so keep and
maintain its track as hereinabove provided for the space of
ten days at any time during the continuance of this fran¬
chise, that the said franchise shall be hereby revoked, and
the said Bloomington and Normal Railway shall lose all
rights and interest in said franchise and shall immediately
on notice remove its track from said highways, and that in
case they do not remove said tracks within ten (10) days
after the expiration of said notice, that the road commis¬
sioners of said town shall have a right to remove said tracks.
If the said track herein provided for is not laid on said
133
highway known as the Clinton road and cars are not in op¬
eration thereon by the first day of October, 1900, this grant
shall be void.
In witness whereof, the State's Attorney of McLean
county has .attested his approval hereof and the judiciary
.committee of the said Board of Supervisors have hereunto
subscribed their names and the Bloomington and Normal
Railway has caused its corporate name to be subscribed by
its president and attested by its secretary and has further
caused its corporate seal to be hereto affixed in attestation of
its acceptance of this grant.
BLOOMINGTON AND NORMAL RAILWAY,
By A. E. DeMangE, President.
Attest: Willis E. Gray, Secretary.
Approved: Robert L. Fleming, State's Attorney.
WM. FORMAN,
L. F. CAMPBELL,
N. E. FRANKLIN,
WOLF GRIESHEIM,
C. R. EWINS,
Committee on Judiciary.
Upon Supervisors Record "J" June 1900 meeting, p.
558, under date of Wednesday, June 13, 1900, is recorded
the following:
"The Judiciary Committee presented the following re¬
port :
"The Board of Supervisors of McLean county, June
Term, 1900.
(See Report above, pp. 121-133, inclusive.)
On same date, same book, p. 561, is recorded the follow¬
ing :
"Mr. Griesheim made a statement in regard to the fran¬
chise granted to the B. & N. Ry.
"Mr. Ledgerwood moved that the Judiciary Committee
cut out the clause on p. 2 beginning with the word 4Pro-
184
vided' and ending with the word 'Franchise' as objected to
1
by the B. & N. Ry., which was carried and the report of the
committee as amended was adopted." (See clause above in
italics^ p. 131.)
And on p. 564, same book, under date of Thursday, June
14, 1900, is recorded :
*
"Board met pursuant to adjournment. Roll call, by the
clerk. Present—same as yesterday, except Mr. Franklin.
"The minutes of yesterday s proceedings were read and
\
approved."
STATE OF ILLINOIS, )
> ss
McLEAN COUNTY, ) '
I, Richard L. Carlock, Clerk of the County Court of said
county, do hereby certify that the foregoing is a true and
correct copy of the record pertaining to the grant to the
Bloomington and Normal Railway on the Clinton road and
on the highway extending east from Washington street in
Bloomington, McLean county, 111., as the same appears upon
the record in my said office.
In testimony whereof, I have hereunto subscribed my
name and affixed the seal of said court, this 13th day of
June, A. D. 1901.
R. L. CARLOCK, Clerk.
(Seal.) By P. A. Guthrie^ Deputy.
BOARD OF SUPERVISORS OF McLEAN CO., ILL.,
with the;
BLOOMINGTON & NORMAL RAILWAY, ELEC¬
TRIC & HEATING COMPANY.
CONTRACT.
March 12, 1903.
To the Honorable/ the Board of Supervisors, of McLean
County, Illinois;
Gentlemen :—-The City Council of the city of Bloom¬
ington has granted to this company the right to locate and
135
construct a street railway from Front street, in the city of
Bloomington, there to be connected with the present Front
street line of electric railway, south on Gridley street to Clay
street, thence east on Clay street to the eastern corporate
limits of the city of Bloomington.
Our present East Front street line turns north on Robin¬
son street, in the city of Bloomington and runs thence east
on Washington street, to the corporate limits of the city of
Bloomington, thence east under a grant from your honorable
body to the highway known as Vale street, thence south on
that highway to a point three hundred and forty-eight (348)
feet south of the highway known as Grove street.
An extension of the Vale street line, south to the high¬
way known as Clay street, thence west on Clay street to the
corporate limits of the city of Bloomington, there to be
connected with the line above mentioned, which we will con¬
struct during the summer of 1903, under our grant from
the city of Bloomington, will enable us to run cars around'
the loop thus formed, and thereby give greater facilities
and accommodations to the public.
We therefore respectfully petition your honorable body
to grant us the right to locate, construct, maintain and oper¬
ate a single track electric railway, with all necessary passing
tracks, sidings, turnouts, switches, curves, poles, wires and
other convenient appurtenances, on the highway which is a
continuation of Clay street, east of the Bloomington City
limits, in the center thereof, from the eastern limits of the
city of Bloomington, therè to be connected with our line of 4
electric railway to be constructed on Clay street, within the
city limits, thence east on said Clay street in the center
thereof, to the west line of the highway known as Vale
street, thence curving northeasterly to the center of said
Vale, street, thence north in the center thereof, on Vale street,
to a point three hundred and forty-eight "(348) feet south of
the south line of the highway known as Grove street, there
136
to be connected with our present line of electric railway now
in operation on said Vale street.
We hereby offer to .pay all damages to owners of prop¬
erty abutting upon said highways which they may sustain by
reason of the location or construction of the said street
railway, the same to be ascertained and paid in the manner
provided by law for the exercise of the right of eminent
domain.
We present herewith a certificate of publication, signed
by Braley & O'Donnell, publishers of the Bloomington Bul-
letin5 to the effect that our public notice of this application
was published in the Daily Bulletin, a newspaper published
in McLean county, Illinois, on the 26th day of February,
I9°3> which is; the ten days' notice of this application re¬
quired by law. Respectfully submitted,
BLOOMINGTON & NORMAL RAILWAY, ELECT.
& HTG. CO.
By A. E. DkMang£, President.
CERTIFICATE OF PUBLICATION.
I hereby certify, that the annexed notice has been pub¬
lished one. time in the Bloomington Bulletin, a daily news¬
paper of general circulation, published in the city of Bloom¬
ington, county of McLean and state of Illinois, the first
publication having been on the 26th day of February, 1903,
and the last publication on the 26th day of February, 1903.
Dated at Bloomington, Illinois, this 28th day of Feb¬
ruary, 1903.
Printer's Fee $5.40. BRALEY & O'DONNELL,
Received Payment, . Publisher, E.
NOTICE.
The Bloomingotn and Normal Railway, Electric and
Heating Company will apply to the Board of Supervisors of
McLean county, Illinois, at its regular meeting to be held
137
on the 9th day of March, 1903, at its regular place of meet¬
ing at Turner Hall Court House, at the hour of two o'clock
p.m., in the city of Bloomington, McLean county, Illinois,
for a grant of the right to locate, construct, maintain and
operate a single track street railway, with all necessary pass¬
ing tracks, sidings, turn-outs, switches, curves and other con¬
venient appurtenances, and to locate, erect and maintain the
necessary poles and wires for the operation of the cars of
said railway upon the highway, which is< a continuation of
Clay street, east of the eastern corporate line of the city of
Bloomington, thence to be connected with the street railway
to be constructed by this company on Clay street within the
corporate limits of the city of Bloomington, thence east on
said highway in the center thereof to the west line of the
highway known as Vale street, thence curving northeasterly
to the center line of Vale street, thence north on said Vale
street in the center thereof to a point three hundred and
forty-eight (348) feet south of the south line of the highway
known as Grove street, there to be connected with the street
railway now maintained and operated by this company on
Vale street.
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY,
February 26, 1903. By A. E. DLMange, President.
Upon Supervisors' Record "K,"' in the custody of 'the
County Clerk of said McLean county, Illinois, upon page
443 under date of the 12th day of March, 1903, the follow¬
ing is recorded :
The Judiciary Committee presented the following report :
To the Honorable Board of Supervisors of McLean county:
Gentg£m£n :—Your Committee on Jpdiciary, to whom
was referred the petition of the Bloomington and Normal
Railway, Electric and Heating Co., would respectfully re¬
port that the request be granted, under the following condi¬
tions :
138
By the Board of Supervisors of the county of McLean and
state of Illinois to the Bloomington and Normal Rail-
wjay, Electric and Heating Company, of the right to
locate, construct, maintain and operate a street railway,
and to erect and maintain all necessary poles, wires and
other necessary appurtenances, for the operation thereof,
upon and along the highway known as Clay street, from
the eastern corporate line of the city of Bloomington, to
the west line of the highway known as Vale streeet,
thence curving northeasterly to the center line of the
highway knozvn as Vale street, thence north on said Vale
street to a point three hundred and forty-eight (348)
feet south of the south line of Grove street, in the town¬
ship of Bloomington, county of McLean and state of
Illinois.
WHEREAS, The said Bloomington and Normal Rail¬
way, Electric and Heating Company did, on the 26th day
of Februaryj 1903, publish in the Bloomington Bulletin, a
daily newspaper, published in the city of Bloomington,
county of McLean and state of Illinois, its notice that it
would on the 9th day of March, 1903, at two o'clock p.m.,
apply to the Board of Supervisors of the county of McLean
and state of Illinois at its regular meeting at Turner Hall
Court House at said hour and day, for a grant of the right
to locate, construct, maintain and operate à street railway on
the highway known as Clay street, in the center thereof,
from the eastern corporate line of the city of Bloomington,
to the west line of the highway known as Vale street, thence
northeasterly to the center line of Vale street, thence north
on said highway known as Vale street, in the center thereof,
to a point three hundred and forty eight (348) feet south of
the south line of the highway known as Grove street, in
the Township of Bloomington, county of McLean and state
of Illinois ; the said railway ta be connected at the eastern
corporate line of the city of Bloomington with a street rail¬
way to be constructed by the said company on Clay street, in
189
the city of Bloomington, and to be connected on said Vale
street at the point three hundred and forty-eight (348) feet
south of the south line of said Grove street with the street
railway now on said Vale street, and for a grant of the
right to locate, erect and maintain the necessary poles, wires
and other appurtenances upon the said streets ; and
WHEREAS, The said Bloomington and Normal Rail¬
way, Electric and Heating Company, has presented its writ¬
ten petition to this Board for such grant; and it appearing to
this Board from the certificate of Braley & O'Donnell, pub¬
lishers of the said Bloomington Bulletin, that the said
Bloomington and Normal Railway, Electric and Heating
Company has published its notice of the said application in
all respects as required by law, now, therefore, be it
Resolved, by the Board of Supervisors of the county
of McLean and state of Illinois, that the Bloomington and
Normal Railway, Electric and Heating Company, and its
successors and assigns, are hereby granted the right to lo¬
cate. construct, maintain and operate a single track street
railway, with all necessary and convenient turnouts, passing
tracks, switches, curves, cross-overs and other convenient
appurtenances and to erect and maintain all necessary poles,
wires and appurtenances, for the operation of the said street
railway upon the highway known as Clay street, in the
township of Bloomington, county of McLean and state of
Illinois, from the eastern corporate line of the city of Bloom¬
ington, there to be connected with a street railway and' its
appurtenances to be constructed by the said Bloomington
and Normal Railway, Electric and Heating Company on
Clay street, in the city of Bloomington to the said eastern
corporate line of the city of Bloomington, thence east upon
and along said highway known as Clay street, and which u
a continuation of the street known as Clay street in thé city of
Bloomington, to the west line of the highway known as Vale
street, thence curving northeasterly to the center line of the
said highway known as Vale street, thence north on the
140
center line of the said highway known as Vale «street, to a
point three hundred and forty-eight (348) feet south of the
south line of the highway known as Grove street, in the
township of Bloomington, county of McLean and state of
Illinois, there to be connected with a street railway now laid
and in operation on said Vale street, north of the said last
mentioned point : Provided, this grant is upon the express
condition that the said Bloomington and Normal Railway,
Electric and Heating Company shall pay all damages, if any
which may be sustained by property owners on the line of
said proposed railway on account of the construction thereof,
as required by law.
The said railway, passing tracks, turnouts and switches
shall be located in the center of said highways and the said
Bloomington and Normal Railway, Electric and Heating
Company, its successors and assigns, by the acceptance of
this grant, agree that they will lay and maintain their said
proposed railway track, passing tracks, turnouts and
switches, upon the present surface or grade of said highways
and will at all times keep that portion of the said highways
between the rails of their said tracks leveled and surfaced as
near as may be in conformity with the adjacent parts of said
highways outside of the rails of their said tracks.
And should said highways, or any one of them, or any
part of any one of them, adjacent to any one of said tracks,be
hereafter paved, by voluntary subscription, special assess¬
ment, or otherwise, the said Bloomington and Normal Rail¬
way, Electric and Heating Company, its successors and as¬
signs, agree that they will, at the same time that the said
paving is done, pave or improve that part of said highway or
highways lying between the rails of their tracks thereon,
with the same materials, as near as may be, and as near as
is practicable in the same manner, that the adjacent part or
parts of said highway are so paved ; and will thereafter keep
the same in good repair; and that upon a failure to so keep
and maintain its tracks as hereinabove provided, for the space
141
of ten days at any time during the continuance of this grant,
the Commissioners of Highways for the said township may
place the said track or tracks in proper condition, and repair,
at the expense of the said Bloomington and Normal Rail¬
way, Electric and Heating Company, or its successors or as¬
signs, and shall have the right to recover the amount of
such expense from it, the said Bloomington and Normal
Railway, Electric and Heating Company, or from its succes¬
sors or assigns, as the case may be, in any court of competent
jurisdiction: Resolved further, That this grant is for the
period of twenty (20) years from the date of the adoption
of this resolution, and by thé acceptance of the same, the
said Bloomington and Normal Railway, Electric and Heating
Company agrees to operate a car or cars over the said pro¬
posed line of railway at least once each thirty minutes during
the hours when it shall operate cars on its regular schedule
within the city limits of the city of Bloomington.
And the said Bloomington and Normal Railway, Elec¬
tric and Heating Company, by the acceptance of this grant,
agrees to exercise all reasonable care and caution to avoid
collision with vehicles, horses or travelers, and to avoid
frightening horses being driven or being upon said highways.
If the said track, passing tracks, turnouts, switches and
other necessary and convenient appurtenances herein pro¬
vided for are not laid on said highways, and the cars are not
in operation thereon by the first day of November, 1903,
this grant shall be void.
In witness whereof, the State's Attorney of McLean
county, has attested his approval of this grant, and the Judi¬
ciary Committee of the said Board of Supervisors have here¬
unto subscribed their names, and the Bloomington and
Normal Railway, Electric and Heating Company has
caused its corporate name to be subscribed by its President,
and attested by its Secretary, and has further caused its
142
corporate seal to be hereto affixed in attestation of its accep¬
tance of this grant.
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY,
By A. E. DeMange, President.
(Corporate Seal)
Attest : J. F. Evans, Secretary.
Approved: Robert L.FeEming, State's Attorney.
Woge* Griesh eim,
James Vance,
S. B. Mason,
Wm. F. Forman,
L. B. Strayer.
Committee on Judiciary.
Which was adopted.
STATE OF ILLINOIS )
McLEAN COUNTY }SS'
I, R. L. Carlock, County Clerk and Clerk of the County
Court of said county, do hereby certify that the foregoing is
a true and correct copy of the application, the certificate of
publication and the notice of the B. & N. Ry., E. & H. Co.
on file in this office and of the report of the Judiciary Com¬
mittee thereon, and the record of the adoption of said report,
as the same appears upon the files and records in my said
office.
In testimony whereof, I have hereunto subscribed my
name and affixed the seal of said Court, this 29th day of
March, A. D., 1904.
(Seal) R. L. CARLOCK, Clerk.
143
STEPHEN HOUGHTON
To The:
BLOOMINGTON AND NORMAL RAILWAY.
RIGHT OF WAY.
GRANT.
June 4, 1900.
The grantor, Stephen Houghton, for and in considera¬
tion of the sum of one dollar ($1.00) to him paid, the receipt
of which is hereby acknowledged,
Authorizes the Bloomington and Normal Railway to en¬
ter upon and construct and maintain an electric railway,
with necessary poles, wires, switches and turn-outs, upon the
following described tract of real estate, to-wit :
Commencing at a point on the west line of the highway
known as the Clinton road and the south line of the highway
running west from said Clinton road at a point on the north
line of section sixteen (16), township twenty-three (23)
north, range two (2) east of the third principal meridian, in
McLean county, Illinois ; thence west on the said section line
thirty (30) feet; thence south six hundred seventy (670)
feet more or less ; thence east to the west line of the highway
known as the Clinton road ; thence north to the place of be¬
ginning. Also :
Commencing at the north-west corner of the tract of land
known as Houghton's Lake Park located in the north-west
quarter of said section sixteen (16) ; thence south along the
east line of the said highway known as the Clinton road
twenty-five (25) feet; thence east to the ravine; thence
north to the north line of said tract of land known as Hough¬
ton's Lake Park ; thence west to the place of beginning.*
Together with sufficient additional ground at the east
end of said last described strip to enable said Bloomington
and Normal Railway to switch or turn its cars for the proper
accommodation of its patrons at said Park.
144
The said Bloomington and Normal Railway to have and
to hold said described strips of ground so long as it shall
maintain thereon an electric railway.
Provided this grant is made by the said Stephen Hough¬
ton for the purpose of enabling the said Bloomington and
Normal Railway to construct, maintain and operate on said
described strips of ground an electric railway between the
city of Bloomington, Illinois, and the said Houghton's Lake
Park and for no other purpose; and provided, If said
Bloomington and Normal Railway shall abandon said right
of way and cease to maintain said electric railway for said
purpose then this grant shall at once become void and the
grantor may enter and take possession of said strips of
ground the same as if this grant had never been made.
The sai,d Stephen Houghton agrees at his own expense
to move his fence upon the west and south lines of said first
described strip of ground and to furnish one te„am and one
man free of charge to assist in doing the necessary grading
on said strip of ground until the same is completed; said
fences to be removed upon five (5) days notice from the
said Bloomington and Normal Railway.
The said Stephen Houghton further agrees upon five
(5) days notice from said Bloomington and Normal Rail¬
way to move his gate now leading into his said Park, so
that said Bloomington and Normal Railway may enter upon
said last described strip without delay.
The said Bloomington and Normal Railway so long as it
shall occupy said last mentioned strip of ground for the
purpose aforesaid shall provide a suitable cattle guard at
the point of entry upon said strip of ground.
In witness whereof the said Stephen Houghton has
hereto set his hand and seal this 4th day of June, 1900.
his
STEPHEN X HOUGHTON,.
mark
Witness: Lola A. FieXdlr. (Seal)
145
STATE OF ILUNOIS [
McLEAN COUNTY j SS'
I, Clara I. Root, a Notary Public in and for the said
county in the state aforesaid, do hereby certify that Stephen
Houghton, personally known to me to be the same person
whose name is subscribed to the foregoing instrument, ap¬
peared before me this day in person and acknowledged that
he signed, sealed and delivered said instrument as his free
and voluntary act for the uses and purposes therein set forth,
including the release and waiver of the right of homestead.
Given under my hand and notarial seal this 4th day of
June, 1 goo.
(Seal) CLARA I. ROOT, Notary Public.
Filed January 7, 1902; recorded in Book 218 of Miscel¬
laneous Deeds, page 168.
ALICE L. HAZLE AND HUSBAND
TO THE
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
RIGHT OF WAY.
June 4, 1900.
GRANT.
Alice L. Iiazle and H. P. Hazle, her husband, of the
city of Bloomington, county of McLean and state of Illi¬
nois, for and in consideration of the sum of one dollar
($1.00), in hand paid, the receipt whereof is acknowledged,
hereby grant, to the Bloomington and Normal Railway,
Electric and Heating Company, the right to maintain and
operate its electric railway, with all necessary appurtenances
and appendages, as the same is now constructed, over and
across the tract of land lying next south of the following
described tract of land, to-wit:
146
Commencing at a point on the west line of the highway
known as the Clinton road and the south line of the highway
running west from said Clinton road, at a point on the
north line of section sixteen (16), township twenty-three
(23) north, range two (2) east of the third principal merid¬
ian, in McLean county, Illinois ; thence west on the said sec¬
tion line thirty (30) feet; thence south six hundred seventy
(670) feet more or less; thence east to the west line of the
highway known as the Clinton road; thence north to the
place of beginning, in the county of McLean and state of
Illinois.
The said grant to continue to the said Bloomington and
Normal Railway, Electric and Heating Company, its suc¬
cessors and assigns, so long as said electric railway shall be
maintained and operated over the said last described tract of
land and into the premises known as "Houghton's Lake
Park"; and so long as the grantee herein allows said Alice
L. Hazle, her heirs and grantees, to maintain and use the
private driveway crossing over the track as provided for in
an agreement of even date herewith, and so long as the B. &
N. Ry., E. & H. Co. shall in no way, by change of grade or
otherwise render the said driveway crossing impracticable
for the grantors' use.
In witness whereof, the grantors have hereto set their
hands and seals on this 22nd day of March, 1904.
ALICE L. HAZLE, (Seal)
H. P. HAZLE. (Seal)
(Recorded in book 231 of Deeds, p. 247, McLean county
Records. )
147
ANDREW LINDBLAD AND WIFE
TO THE
BLOOMINGTON AND NORMAL RAILWAY
PRIVATE WAY TO SUBWAY.
January 13, 1902.
GRANT.
The grantors, Andrew Lindblad and Sophia C. Lindblad,
his wife, for and in consideration of the sum of one dollar
($1.00) to them paid by the Bloomington and Normal Rail¬
way, receipt of which is hereby acknowledged, authorize the
said Bloomington and Normal Railway, its successors and
assigns, to enter upon, construct, and maintain, a single or
double track railway, with necessary poles, wires, switches
and turnouts, and other appurtenances, upon the following
described tract of real estate, to wit:
A strip of ground thirty (30) feet in width, lying paral¬
lel with the right of way of the Chicago & Alton Railroad,
off of the entire north side of that part of lot ten (10),
block three (3), Fell's Park Place Addition to Normal,
owned by said Lindblad and described as follows, to wit :
Commencing two hundred and fifty-five (255) feet west
of the south-east corner of said lot ten ( 10) ; thence north
one hundred fifty (150) feet; thence west to the right of
way of the Chicago & Alton Railroad ; thence southwesterly
along said right of way to First street; thence east to the
.place of beginning.
And if the said Bloomington and Normal Railway, its
successors or assigns, shall hereafter desire to construct a
further extension of its electric railway south from said strip
of ground to First street and thence east on First street,
then, it, the said Bloomington and Normal Railway, its
successors and assigns, is hereby granted the right to enter
upon a strip of ground thirty (30) feet in width off the
entire east side of said part of said lot ten,(10) and to con-
148
struct and maintain and operate thereon a single or double
track railway, with all its necessary appurtenances.
The said Bloomington and Normal Railway to have and
to hold said described thirty (30) foot strips of ground so
long as it, or its successors or assigns, shall maintain and
operate thereon a street railway. Provided, this grant is
made by the said Lindblad for the purpose of enabling the
said Bloomington and Normal Railway, its successors or
assigns, to construct, maintain and operate on said described
strip of ground a street railway, from its Franklin avenue
line, along First street and over said strip of ground, and
over a strip of ground north-east of said first mentioned strip
and thence under the tracks of the Chicago and Alton Rail¬
road and connecting said Bloomington and Normal Railway
Company's system in the city of Bloomington and town of
Normal and with an extension to the said Bloomington and
Normal Railway's line in Normal, from Beaufort street, its
present terminus, north to Lincoln street, in said town of
Normal; thence west as far as School street, or farther, at
the option of the said Bloomington and Normal Railway;
thence south to connect with said Bloomington and Normal
Railway's lines at any point which said railway may elect.
If the said subway underneath the tracks of the said
Chicago and Alton Railway is not constructed by or for the
said Bloomington and Normal Railway, its successors or as¬
signs, and the said extension of its line in Normal is not
made to said Lincoln street and west as far as School street ;
thence south to be connected with its system at a point to
be determined by it, then this grant to be void ; otherwise to
be in full force: Provided, if said Bloomington and Normal
Railway, its successors or assigns, shall abandon said right
of way and cease to maintain and operate a street railway on
said 'thirty foot strips of ground herein granted, then this
grant shall at once become void and the grantor may enter
and take possession of said strips of ground the same as if
this grant had never been made.
149
The said1 Lindblad agrees to remove any buildings,
fences, or other obstructions on. said strips of ground after
ten ( 10) days written notice from the said Bloomington and
Normal Railway.
In witness whereof, The said Andrew Lindblad and
Sophia C. Lindblad, his wife, have hereto set their hands and
seals, this 13th day of January, 1902.
ANDREW LINDBLAD, , (Seal)
SOPHIA C. LINDBLAD. (Seal)
STATE OF ILLINOIS
MCLEAN COUNTY
0
I, O. R. Trowbridge, a Notary Public in and for the
said county and state, do hereby certify that Andrew Lind¬
blad and Sophia C. Lindblad, his wife, personally known to
me to be the same persons whose names ar subscribed to the
foregoing instrument, appeared before me this day in person
and acknowledged that they signed, sealed and delivered
said instrument as their free and voluntary act, for the uses
and purposes therein set forth.
Given under my hand and notarial seal this 13th day
of January, 1902.
* (Seal) O. R. TROWBRIDGE, Notary Public.
Filed for record May 26, 1902, and recorded in Book
222 of Deeds, page 238.
JOHN P. WALKER AND WIFE AND SAMUEL R:
WHITE
TO the)
BLOOMINGTON AND NORMAL RAILWAY.
GRANT.—Private way from Empire to Division street, and on Divi¬
sion, from Clinton to Fell Avenue.
February 1, 1902.
The Grantors, John P. Walker and Mary Lillian Wal-
ker? his wife, and Samuel R. White, all of Bloomington, Illi-
150
nois, for and in consideration of the sum of One Dollar
($1.00) to them paid by the Bloomington and Normal Rail¬
way, receipt of which is hereby acknowledged, grant to the
Bloomington and Normal Railway, its successors and as¬
signs, for the purposes hereinafter set forth, the right to lo¬
cate, construct and operate a single or double track street
railway, upon the following described strips of land, to-wit :
A strip of land twenty-five (25) feet in width off of the
entire north end of lot two (2), sub-division of the south¬
east quarter of sec. thirty-three (33), town twenty-four (24)
north, range two (2) east of the third principal meridian,
in Normal, McLean county, Illinois, from Fell avenue as
far as and to a point in the center of the one hundred (100)
foot street now laid out and partially opened by the said
John P. Walker and wife and Samuel R. White, for a con¬
tinuation of Clinton street, in the city of Bloomington, and
which said street will be Clinton street, in the city of Bloom¬
ington, when the plat of the same is accepted by the corpo¬
rate authorities of the city of Bloomington; which said
described strip of ground will constitute the north twenty-
five (25) feet of the south half of Division street, between
Bloomington and Normal, when said Division street is
opened and the plat thereof accepted by the corporate au¬
thorities of the said city of Bloomington and town of Nor¬
mal.
And the said John P. Walker and wife and the said Sam¬
uel R. White further grant to the said Bloomington and
Normal Railway, its successors and assigns, upon which to
locate, construct and operate a single or double track street
railway, a strip of ground twenty-five (25) feet in width
from said last mentioned point south to the north line of
Empire street, in the city of Bloomington.
Until the said Division street is opened and the plat
thereof accepted by the corporate authorities of the city of
Bloomington and the town of Normal, the said Blooming¬
ton and Normal Railway, its successors or assigns, shall lo-
151
cate, construct, and operate only a single track railway on
said strip of ground off of the north end of said lot two (2) ;
and when said Division street is opened its full width to the
public, both in Normal and Bloomiligton, and before or af¬
ter the plat thereof is accepted by the corporate authorities
of said city and of said town, the said Bloomington and Nor¬
mal Railway, its successors or assigns, if it or they so elect,
may construct a double track railway. In which case, said
double track railway shall be constructed so that the center
lines of the two tracks shall be eleven (11) feet apart. If,
however, the said Bloomington and Normal Railway, its
successors or assigns, does not desire to construct a double
track upon said strip of ground at the time said street is
so opened, then it shall move its said single track so that the
center line thereof shall be the center line of said Division
street, when the same is so opened to public travel and is ac¬
cepted by the cprporate authorities of the said city and
down. If, however, it does elect to construct a double track
railway when said street is so opened to public travel, the
center of the space occupied by the said double track, or two
tracks, shall be the center line of said Division street when
so opened to public travel.
The said Bloomington and Normal Railway, its succes¬
sors or assigns, may locate and construct, at its option, a
single or double track street railway upon and along said
second described strip of land ; and, in case it locates, con¬
structs and operates a single track railway, then the center
lilie of said single track shall be on the center line of said
Clinton street when so opened to public travel and accepted
by the corporate authorities of the city of Bloomington. And,
if the said Bloomington and Normal Railway, its successors
or assigns, elects to construct a double track street railway
thereon, the center line of the space occupied by said two
tracks shall be the center line of the said Clinton street, when
so opened to public travel and accepted by the corporate au¬
thorities of the city of Bloomington.
152
Unless the said Bloomington and Normal Railway, its
successors or assigns, commences the construction of said
single or double track railway along and over said strips of
ground, or either of them, by the first day of August, 1902,
and has a car or cars in operation over the same by October
I, 1902, this grant shall be void and of no effect. Neither
of said strips of ground shall, at any time, be used by the
Bloomington and Normal Railway, its successors or assigns,
for any other purpose than to locate, construct and operate
upon the same a single or double track street railway, to be
operated by electric, or other improved motive power, except
steam.
In case said Bloomington and Normal Railway, its suc¬
cessors and assigns, complies with the terms of this grant
and locates, constructs, and operates a single or double track
railway over said strips of ground, or either of them, and,
thereafter, abandons the operation of a street railway
thereon, then the said strips of land, in,case they have not
become public streets, shall revert to the grantors herein, as
their interests may appear.
Said Bloomington and Normal Railway, or its successors
or assigns, may, at its option, construct only a single track
railway on said strip of ground in the center of said Clinton
street, and may, thereafter, at its option, at any time before
or after said street is completely opened to public travel and
accepted by the city of Bloomington, change the same to a
double track street railway, under the provisions and condi¬
tions of this grant; and in case said Bloomington and Nor¬
mal Railway, its successors or assigns, elects to, at first,
construct but a single track railway upon said strip of ground
in the center of said Clinton street, it shall so locate and
construct the same upon said twenty-five foot strip of ground
that there shall be room upon said strip of ground for the
location and construction of another track and so that said
two tracks, when constructed, shall be in the center of said
Clinton street.
153
In case the said Bloomington and Normal Railway, its
successors or assigns, elects to construct only a single track
railway on said strip of ground on Clinton street, it agrees
that it will not locate, construct or operate a passing track
on «said strip of ground in Clinton street, between Empire
street and the south line of Emerson street, when Emerson
street is extended east through said lot two (2).
The grant of said two strips of ground to the said Bloom¬
ington and Normal Railway, its successors and assigns, for
the uses and purposes hereinabove set forth, is subject to the
right of the said John P. Walker and the said Samuel R.
White to open said Division street and said Clinton street
to public travel and to plat the same as an addition to the
city of Bloomington, and to have the same accepted by the
corporate authorities of the city of Bloomington, subject,
however, to the right of the said Bloomington and Normal
Railway, its successors and assigns, to construct maintain
and operate a single or double track street railway over said
strips of ground, whether the same remain private ground or
are dedicated to the public, as parts of said streets.
Said street railway shall always be operated over said
strips of ground subject to all reasonable police regulations
of the city of Bloomington and town of Normal.
The said Bloomington and Normal Railway, its succes¬
sors and assigns, to have and to hold the said strips of
ground, hereinabove described, for the uses and purposes
herein set forth, so long as it, or its successors or assigns,
shall maintain and operate thereon a street railway.
The cars of said street railway shall stop for the purpose
of receiving and discharging passengers at points corre¬
sponding with the intersections of cross streets in the city of
Bloomington if the said cross streets were extended through
said lot two.
The said Bloomington and Normal Railway, its succes¬
sors and assigns, shall have the right, under this grant, to
contract with other street railway companies, local or interur-
154
ban, for the running of the cars of such other company or
companies over the said street railway tracks so to be lo¬
cated, constructed and operated upon said described strips
of ground, provided no freight cars, other than such cars as
are known as package freight, or express cars, shall be run
over said strips of- ground.
The said Samuel R. White, upon his part, in considera¬
tion of the location and construction, and thereafter of the
operation of said street railway upon said strips of land, or
either of them, agrees to fill and grade a space upon and
along said strips of ground so that the same shall be at the
proper grade of said Clinton and Division streets, when
opened to public travel, so that a single track railway may
be constructed upon said strip of ground which will be in
Division street and so that the single or double track rail¬
way, as the said Bloomington and Normal Railway, its suc¬
cessors or assigns, may elect, may be constructed upon said
strip of ground in Clinton street; and the said Bloomington
and Normal Railway, its successors or assigns, shall give
the said Samuel R. White, sixty (60) days previous notice
in writing of when it desires to commence the construction
of said railway and whether it desires -him to do the grad¬
ing for a double track railway or a single track railway on
said strip of ground in Clinton street.
And the said Samuel R. White, as a further considera¬
tion far the location, construction and operation of a street
railway over and. along said strips of ground agrees to con¬
struct a suitable and substantial bridge over the stream
known as Sugar Creçk flowing through said lot two (2).
And the said Bloomington and Normal Railway, its suc¬
cessors or assigns, agrees to give the said Samuel R. White
sixty (60) days previous notice in writing whether it de¬
sires a bridge constructed suitable for a double or a single
track railway, and said grading shall be done and said
bridge constructed by the said Samuel R. White, accord-
ingly ; and the said grading and the construction of the said
155
bridge shall be completed on or before the expiration of the
said sixty days' notice and in time to enable the said Bloom¬
ington and Normal Railway to locate and construct said
street railway within the time provided for in this grant.
In case said Bloomington and Normal Railway, its suc¬
cessors or assigns, elects to construct a double track railway
on said strip of ground on Clinton street, the said bridge so
to be constructed by the said Samuel R. White shall not be
less than forty-eight (48) feet in width and suitable for the
passage of the cars of the said railway and for the ordinary
street travel and for pedestrians. And in case the said
Bloomington and Normal Railway, its successors or assigns
elects to construct a single track railway on said strip of
ground, then the said bridge so to be constructed by the
said Samuel R. White, shall be constructed by him not less
than thirty-six (36) feet in width, suitable for the passage
of the cars of the said railway and for the ordinary street
travel and for pedestrians. The plans and specifications for
the said bridge, before the contract is let or the construction
commenced, to be subject to the approval of the said Bloom¬
ington and Normal Railway, or its duly authorized engineer.
In case the said Bloomington and Normal Railway con¬
structs but one track on said strips of ground, it shall keep a
space three (3) feet, six (6) inches each way from the center
line of said track, clear of weeds and in a clean and sightly
condition; and when said Division street and Clinton street
are opened to public travel and platted and accepted by the
corporate authorities of the city of Bloomington, the said
Bloomington and Normal Railway shall fill in the space be¬
tween the rails of its said track with a suitable ballasting
material, so that the same shall, at all times, present a sightly
appearance and be in harmony with the improvements upon
said streets ; and in case the said Bloomington and Normal
Railway, at any time thereafter, constructs a second track
upon one or both of said strips of ground, the said second
track shall be kept and maintained in the same condition
156
and also the space between the two tracks. And if, there-
I
after, a space in the center of said Clinton street is enclosed
within stone curbing, so that there shall be a boulevard or
drive upon çach side thereof and the space within said curb¬
ing is filled and leveled and graded by the said John P.
Walker and Samuel R. White or either of them, then the
said Bloomington and Normal Railway, its successors and
assigns, agree to keep the entire space within said curbing
clear of weeds, clean and in grass, except between the rails
of the tracks and a space of one foot outside the rails of each
track, and agrees to keep the same mowed and in sightly
condition, provided the said space within the said curbing
does not exceed twenty-six (26) feet in width.
In witness whereof, the said John P. Walker, and Mary
Lillian Walker, his wife, and the said Samuel R. White,
have hereto set their hands and seals, this first day of Feb¬
ruary, 1902.
JOHN P. WALKER, (Seal.)
MARY LILLIAN WALKER, (Seal.)
SAMUEL R. WHITE. * (Seal.)
STATE OF ILLINOIS, )
McLEAN COUNTY, f SS"
I, Lola A. Fielder, a Notary Public in and for the said
county and state, do hereby certify that John P. Walker and
Mary Lillian Walker, his wife, and Samuel R. White, per¬
sonally known to me to be the same persons whose names
^are subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that they signed,
sealed and delivered said instrument as their free and vol¬
untary act, for the uses and purposes therein set forth.
Given under my hand and notarial seal this first day of
February, 1902. LOLA A. FIELDER,
(Seal.) Notary Public.
(Recorded in Book 218, Miscellaneous Deeds, page 210,
McLean Co. Records.)
157
CHICAGO AND ALTON RAILWAY COMPANY.
To THE
BLOOMINGTON AND NORMAL RAILWAY.
GRANT.—Private way from Catherine to Walnut street.
April 19, 1902.
This agreement, executed this 19th day of April, 1902,
between the Chicago and Alton Railway Company, grantor
and the Bloomington and Normal Railway, grantee, corpora¬
tions organized under the laws of Illinois, witnesseth :
That for and in consideration of the sum of one dollar
($1) in hand paid by the grantee to the grantor, the receipt
whereof is hereby acknowledged, the said grantor, gives to
the grantee the right to enter upon and locate and con¬
struct a street railway, to be operated by electric or other im¬
proved power, except steam, over and across the premises of
the grantor in the city of Bloomington, McLean county,
Illinois, as follows, to-wit: From a point due north of the
east line of Catherine street, on the north line of the alley
extending east and west, north of the north end of Catherine
street, thence north-east, across the said premises of the
grantor, lying north of said alley, to a point due west of the
south line of Walnut street, on the west line of the alley
running north and south next east of said premises. : Pro¬
vided, This grant is upon the express condition that the said
grantor may, at any time that it desires to use the said prem¬
ises for its own purposes or for any other cause, give to the
grantee notice in writing to remove said street railway from
said premises within ninety (90) days after the service of
said written notice upon it, the said grantee, and the said
grantee agrees to remove its said railway and surrender pos¬
session of the said premises to the grantor within said ninety
(90) days notice, whenever the same shall be given, as
herein provided : and provided further, the said grantee
agrees at all times while it maintains and operates said rail-
158
way across saicl premises, to save and keep harmless the said
grantor from any and all claims for damages to persons or to
the property of persons, companies or corporations, and
from all costs or attorneys' fees occasioned by any accident
in the operation of said railway across said premises.
Executed in duplicate the day and year first above writ¬
ten.
CHICAGO AND ALTON RAILWAY COMPANY,
By S. M. feston.
BLOOMINGTON AND NORMAL RAILWAY,
By A. E. DeMange.
CHICAGO AND ALTON RAILWAY COMPANY.
with
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
CONTRACT.—For construction of subway and right of way from
Franklin avenue to Beaufort street.
August i, 1902.
The Chicago and Alton Railway Company, hereinafter
called the first company, its successors and assigns, and the
Bloomington and Normal Railway, Electric and Heating
Company, hereinafter called the second company, its suc¬
cessors and assigns, agree as follows :
1. It is deemed for the mutual advantage of both of said
companies that the surface crossing of the second company
over the tracks of the first company, from Franklin avenue,
in the town of Normal, to Beaufort street, in the town of
Normal, be discontinued and abandoned; to that end, the
first company grants to the second company the right to
construct its Franklin avenue line of railway from its, the
said second company's private right of way on the west side
of Franklin avenue, in a northeasterly direction upon the
southeasterly margin of the first company's right of way,
159
abutting upon the north end of Franklin avenue and the
west end of First street, in Normal, Illinois, and across the
said first Company's right of way, curving from the second
Company's private right of way, (shown in yellow on blue
print 5435 attached hereto) at a point approximately two
hundred and fifty feet from the point where the north line of
First street intersects the southeasterly line of the right of
way of the said first company, and thence across the said
first company's right of way through the subway to be con¬
structed as hereinafter described to the south line of Beaufort
street, in the town of Normal, McLean county, Illinois.
2. The said first company also grants to the second com¬
pany the right to construct its Fell avenue line across the
first company's right'of way at a point approximately two
hundred and seventy feet east of the point where the north
line of First street intersects the southeasterly line of the
first company's right of way, through the subway herein¬
after described.
3. The first company also grants to the second company
the right to erect and.maintain necessary poles atfd wires
upon its, the said first company's right of way, for the proper
operation of the said lines of railway ; the same to be erected
so as not in any manner to interfere with the operation of the
first company's trains or its telegraph or téléphoné service.
Said wires shall be carried through the subway hereinafter
described.
4. The first company also grants to the second company
the exclusive- right to maintain said lines of railway and said
poles and wires and to operate its cars over said lines of
railway, upon and across the first company's said right
of way through the subway hereinafter described
and upon the southeasterly margin of the said first com¬
pany's right of way, as herinabove set forth, so long as
the second company, its successors or assigns, shall operate
a street railway or an interurban railway between the
160
town of Normal and the city of Bloomington, and in the
vicinity thereof.
5. In consideration of the above grant from the first
company to the second company, the second company agrees
to vacate and abandon the use of its surface crossing from its
private right of way on the west side of Franklin avenue
to Beaufort street in the town of Normal, and to remove its
wires from over said surface crossing.
6. The first company, in consideration of the vacation
and abandonment of the second company's said surface cross¬
ing, agrees to construct and maintain, so long as the second
company or its successors or assigns shall maintain and oper¬
ate a street railway across the first company's right of way, a
concrete abutment and steel girder bridge or subway, under
its tracks, at the point over which the second company is
*
herein granted the right to construct, maintain and operate
its Franklin avenue and its Fell avenue lines of railway. The
construction of said subway or bridge to be commenced on or
before the 25th day of September, 1902, and the opening un¬
derneath the same graded in readiness for the construction of
the second company's two lines of railway across said right
of way, on or before the first day of November, 1902.
7. The opening in the clear between the supports of the
steel girders of said bridge or subway, on the floor of said
subway, shall be twenty-seven (27.) feet. The headway, or
distance from the bottom of the steel girders to the top of
the second company's rails of its said two tracks, shall be
fourteen feet in the clear, and adequate provision shall be
made for the thorough drainage thereof, and said subway or
bridge shall be constructed in all particulars in accordance
with the drawings for the same prepared by the Engineering
Department of the first company, marked respectively 5435
and 5436, blue prints of which so marked, are attached to
each copy of this duplicate contract and made a part thereof.
161
The said subway shall be so constructed that the second
company's forty-two foot cars now in use, and so that cars
sixty feet in length, may enter said subway on the Franklin
avenue line, going north, with a clearance of three (3) feet
between said car and the wing of the abutment of said sub¬
way or bridge.
The first company may deem it expedient to construct a
subway at said point sufficient in width to accommodate street
travel, with a view to hereafter throwing the same open to
the public, as a public subway, in which event, the said sub¬
way is to be so constructed that the public street or roadway
part of said subway shall be separated from the part thereof
provided for the second company.
8. The second company, in consideration of the grant of
the said right of way for its said two lines of railway over
the right of way of the first company, and in consideration
of the construction of the said subway or bridge by the said
first company, agrees to pay the first company, as its share of
the cost of construction of that part of the said subway or
bridge constructed for its, the said second company's use,
the sum of three thousand dollars ($3,000) ; which said sum
of three thousand dollars ($3,000) it agrees to pay to the
first company within thirty (30) days after the said subway
is completed as to the needs of the second company, and the
second company's two lines of railway are constructed
through the same and across the first company's right of way
and connected with the second company's railway north of
*Beaufort street, and after the first company has removed
the second company's crossing frogs now in use for its said
surface crossing and delivered the same on the ground to the
second company, the same being the second company's
property.
All the covenants and provisions of this contract shall
162
be binding upon each of the parties arid upon their succes¬
sors, grantees or assigns.
Executed in duplicate this ist day of August, 1902.
CHICAGO AND ALTON RAILWAY COMPANY,
By S. M. Fegton, President.
BLOOMINGTON AND NORMAL RAILWAY,
ELEC. AND HTG. COMPANY.
By A. E .DeMange, President.
LEWIS SAILOR
TO THE
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
September g, 1902.
GRANT.—Private way to subway.
The grantor, Lewis Sailor, of the town of Normal,
county of McLean and state of Illinois, for atld in consid¬
eration of tile sum of one dollar ($1) to him paid by the
Bloomington and Normal Railway, Electric and Heating
Company, the receipt of which is hereby acknowledged,
grants to the said Bloomingtoii and Normal Railway, Elec¬
tric and Heating Company, its successors and assigns, the
right of way across and over his strip of ground lying west
of the stone culvert of the Chicago and Alton Railway and
between the right of way of the Chicago & Alton Railway
Company and the ground on the south side owned by An¬
drew Lindblad. The said right of way hereby given by the*
grantor to the said Bloomington and Normal Railway, Elec¬
tric and Heating Company lying directly north of the thirty
foot strip granted by said Andrew Lindblad to said Bloom¬
ington and Normal Railway for a right of way for its Fell
avenue tracks across and over the said land of said Andrew
Lindblad, to the subway to be constructed by the said Bloom¬
ington and Normal Railway, Electric and Heating Company
163
and the said Chicago and Alton Railway Company, beneath
the tracks of the latter company, which said strip of ground
so granted by the grantor herein to the said Bloomington and
Normal Railway, Electric and Heating Company for said
right of way is more particularly described as follows, to-
wit : Commencing at a point approximately two hundred
forty-four and seventy-five hundredths (244.75) feet east
of the point where the north line of First street intersects the
south line of the right of way of the Chicago and Alton Rail¬
way Company, in Normal, McLean county, Illinois, thence
east along the southeasterly line of the right of way of the
Chicago and Alton Railway Company forty-five (45) feet,
thence southeasterly at right angles with the right of way of
the Chicago and Alton Railway Company thirty-three (33)
feet, thence northwesterly in a straight line to the place of
beginning.
The said Bloomington and Normal Railway, Electric
and Heating Company, as a condition of this grant, agrees
to construct and maintain a suitable fence between the said
right of way herein granted and the land of the grantor ad¬
joining it on the east.
The said Bloomington and Normal Railway, Electric
and Heating Company to have and to hold the said de¬
scribed tract of real estate hereby granted for its said right
of way, with the right to construct, maintain and operate a
single or double track street or interurban railway upon and
over the same, so long as it, or its successors or assigns, shall
maintain and operate thereon a street railway or an inter¬
urban railway between the town of Normal and city of
Bloomington, or in the vicinty thereof.
If the said subway underneath the tracks of the said Chi¬
cago and Alton Railway is not constructed by or for the said
Bloomington and Normal Railway, Electric and Heating
Company, or for its successors or assigns, and the Fell ave¬
nue and Franklin avenue tracks of said Bloomington and
Normal Railway, Electric and Heating Company are not
164
extended across the land of the said Andrew Lindblad and
through the right of way of the said Chicago and Alton
Railway Company, underneath its tracks, then this grant
shall be void and of no effect, and the grantor may enter
and take possession of said strip of land the same as if this
grant had never been made.
In witness whereof, the said Lewis Sailor has hereunto
set his hand and seal this ninth day of September, 1902.
LEWIS SAILOR. (Seal.)
STATE OF ILLINOIS, )
>- ss
MCLEAN COUNTY. \ '
I, A. E. DeMange, a Notary Public in and for the said
county, in the state aforesaid, do hereby certify that Lewis
Sailor, personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that he
signed, sealed and delivered said instrument as his free and
voluntary act, for the uses and purposes' therein set forth.
Given under my hand and notarial seal, this 9th day of
September, 1902.
( Seal. ) A. E. DEMANGE, Notary Public.
Filed for record September 9, 1902, and recorded in
Book 218 of Deeds, p. 495.
ANDREW LINDBLAD
TO THE)
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
October 23, 1903.
GRANT.—Private way to subway.
■ v
Andrew Lindblad, of the town of Normal, McLean
county, 111., the grantor herein, owner of the triangular tract
«
of ground bounded by First street, the thirty-foot right of
165
way granted to the Bloomington and Normal Railway, Elec¬
tric and Heating Company, by the grantor herein, from
Franklin avenue to the proposed subway under the Chicago
and Alton Railway, and by the thirty-foot right of way
granted by the same grantor to the same company, from
First street to the said subway, in the town of Normal, Mc¬
Lean county, 111., for and in consideration of the sum of
one dollar ($1.00) and other good and valuable considera¬
tion, hereby grants to the said Bloomington and Normal
Railway, Electric and Heating Company, the right to enter
upon said tract of ground bounded as aforesaid, and to con¬
struct and maintain its Franklin avenue electric line of rail¬
way, with all necessary poles, wires and other appurte¬
nances, thereon, as hereinafter set forth.
The said Bloomington and Normal Railway, Electric
and Heating Company may enter upon said tract of ground
and construct thereon its said railway and appurtenances,
at a point eighty (80) feet northeast of the point where the
north line of said tract of ground intersects the north line
of First street, and thirty (30) feet southeast of the south
line of the Chicago and Alton railroad right of way, and on
the south line of the thirty-foot right of way heretofore
granted by the grantor herein to the Bloomington and Nor¬
mal Railway; thence curving with said line of railway,
poles, wires and necessary appurtenances, southeasterly to a
point one hundred and fifty (150) feet ^northeast of the
point where the north line of First street intersects the north
line of said triangular tract of ground, and twenty (20) feet
south of the south line of the said thirty-foot right of way
of the Bloomington and Normal Railway, and fifty (50)
feet south of the south line of the Chicago & Alton right of
way, thence curving with said line of railway, poles, wires
and other appurtenances, northeasterly to the south line of
said thirty-foot right of way of the Bloomington and Nor¬
mal Railway, at a point approximately two hundred (200)
feet northeast of the point where the north line of First
street intersects the north line of said triangular tract of
166
ground. The point of leaving the said tract of ground with
the said line of railway being intended to be at a point oppo¬
site the south opening of the said proposed subway, so as
to effect an easy entrance into said subway with the cars
upon said line of railway.
The ground included in the said grant for the said pro¬
posed curved line of the said Franklin avenue electric rail¬
way, is shown by the white curved band through the red on
the blue print No. 5435 A hereto attached and made a part
of this grant.
The said grantor giving and granting to the said gran¬
tee the right to maintain the said line of railway with the
said poles, wires and all other necessary appurtenances, upon
the said tract of ground, as hereinabove set forth, so long
as the grantee herein shall continue to operate an electric
railway through the said subway and between the town of
Normal and the city of Bloomington.
In witness whereof, the grantor has hereunto set his
hand and seal on this 23rd day of October, 1903.
ANDREW UNDBLAD. ( Seal. )
STATE OF ILLINOIS, )
McLEAN COUNTY, t sS'
I, Lottie B. Rankin, a notary public in and for the said
county, in the state aforesaid, do hereby certify that Andrew
Lindblad, personally known to me to be the same person
whose name is subscribed to the foregoing instrument, ap¬
peared before me this day in person, and acknowledged that
he signed, sealed and delivered said instrument as his free
and voluntary act, for the uses and purposes therein set
forth, including the release and waiver of the right of home¬
stead.
Given under my hand and notarial seal this 23rd day of
October, A. D. 1903.
(Seal.) LOTTIE B. RANKIN, Notary Public.
Filed for record December 21, 1903, and recorded in
Book 231 of Deeds, page 131.
167
BOARD OF EDUCATION, STATE OF ILLINOIS,
TO THE
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
October 15, 1903.
GRANT.—Right of way through Illinois State Normal University
grounds.
KNOW ALL MEN BY THESE PRESENTS, That
the Board of Education of the State of Illinois, here¬
inafter called the grantor, ior and in consideration
of the sum of One Dollar, to it in hand paid, and
convenient electric railway service for the students
attending the Illinois State Normal University, and
other valuable consideration, grants to the Bloomington and
Normal Railway, Electric and Heating Company, its suc¬
cessors and assigns, hereinafter called the grantee, the right
to take up and remove its ties, rails, poles, wires and iron
fence, now constituting its railway over its present right of
way through the southeast corner of the grounds of the Illi¬
nois State Normal University, from Beaufort street to
School street and to re-enter the said grounds from Beau-
fort street, at a point northeast of the subway now being
constructed under the tracks of the Chicago & Alton Rail¬
way and approximately one hundred ( 100) feet east of the
present point of entrance into said university grounds on
Beaufort street and to emerge from said grounds on School
street at or near the present point of emerging therefrom
on School street.
The grantor further grants to the grantee herein, the
right to occupy a strip of ground through the said southeast
corner of said university grounds between the points here¬
inabove mentioned, thirty (30) feet in width, and to lay and
operate a double track electric railway thereon, and to erect
and maintain the necessary poles and wires for the operation
of the said railway thereon, and to operate the said railway
over said right of way by electric or other power, except
168
steam, for the now unexpired period of the present lease;
Provided, This grant is upon the express condition that the
grantee shall restore the strip of ground now occupied by it
for its right of way through said grounds to a level with
the surface of the adjacent portions of said grounds and*
grade the same to a smooth, even surface and at the proper
time, sow the same with timothy and blue grass seed, so as
to make a good sod similar to the land adjacent, and to
build a fence similar to the one now there so 'as to fill the
end gaps and make the fence continuous and uniform; And
Provided Further, that the said grantee shall fence its said
new right of way hereby granted to it with the same iron
fence which it removes from its present right of way and
keep the same in good repair until the expiration of this
grant.
At the expiration of this agreement, or if it shall sooner
cease to use said right of way for the operation of its said
railway, then when it so ceases to operate its said railway,
the granfee, by the acceptance of this grant, agrees to remove
its fencing ties and rails, poles and wires, from said strip of
ground and restore the same to a level with the adjacent
portions of said ground, ând at its expense to replace the
end fences, so as to be uniform with the rest of the fence,
and sow the same with timothy and blue grass seed, so as
to make a good sod, unless this grant, upon its expiration,
is extended for a further term of years ; and in case of such
extension then upon the final termination of the occupancy
by the grantee of said strip of land.
In witness whereof, the grantor has caused this instru¬
ment to be duly executed by its chairman and its secretary,
and has caused its corporate seal to be attached hereto, on
this 15th day of October, 1903.
BOARD OF EDUCATION OF THE STATE OF ILLI¬
NOIS,
By E. A. GASTMAN, Its President, (Seal.)
(Seal.) AeEred Bayeiss, Secretary.
(Recorded in book 231 of Deeds, p. 256, McLean Co.
Records.)
169
CITY OF BLOOMINGTON
to
FT. WAYNE JENNEY ELECTRIC LIGHT CO.
POLE AND WIRE FRANCHISE.
October 20, 1888.
ORDINANCE.—Providing for the granting of a franchise to the Fort
Wayne "Jenney" Electric Light Company to erect electric light
poles and stretch wires thereon upon the streets and alleys of the
city of Bloomington, for the purpose of lighting said streets and
the public and private buildings of said city.
«
Be it ordained by the City Council of the City of Blooming-
ton:
Section 1. That said city hereby grants to the Fort
Wayne "Jenney" Electric Light Company and assigns per¬
mission to erect all necessary buildings and place therein all
necessary machinery upon ground to be designated by said
city, and to erect upon the streets of said city all necessary
iron and wooden electric light poles, and to stretch thereon
all necessary wires for the lighting of said streets and of the
public and private buildings of the city of Bloomington. All
such poles in the business part of said city or as many as
the City Council shall order, shall be of iron, and all other
poles so erected shall be at least thirty feet high, and shall be
shaved, painted and stepped, and all said poles shall be erected
at such points as may be designated by the City Council of
said city, through its Committee on Police and Light; and
in case of danger to life or property from them, whenever
in the judgment of the Chief of the Fire Department, or of
the Mayor, any of such poles or the wires thereon interfere
with the operations of the Fire Department, such poles may
be cut down and removed and shall be replaced by said Elec¬
tric Light Company at its own expense, and the said city
shall not be liable to said Electric Light Company for any
damage which may result from the cutting down and re¬
moval of such poles and wires. 4
170
S^c. 2. Said city shall at all times have the right to
run its fire alarm and all other wires belonging to the city
upon said poles free of rent and should said city become the
owner of said buildings, machinery and such poles and wires
so erected by said Electric Light Company for the lighting
of the streets of said city under the provisions of the con-
*
tract executed by and between said City and said Electric
Light Company, then said Electric Light Company may
with the consent of the Council have the right to run its
wires for private incandescent and commercial lighting upon
said poles so belonging to the city for a reasonable rental
to be fixed by the City Council of said city ; Provided, that
said wires shall not in any way interfere with the wires of
the city or with their efficiency.
Sec. 3. Should said city hereafter grant to any person,
company or corporation the right to do electric lighting
within its limits, either upon its streets, its business houses,
residences or otherwise then said Fort Wayne "Jenney"
Electric Light Company shall so far as the same may be
practicable grant to said person, company or corporation a
pole license for a reasonable compensation so as to. avoid
the unnecessary erection of poles and other apparatus upon
the streets of said city.
Approved this 20th day of October, 1888.
J. R. MASON, Mayor.
Attest : R. N. Evans, City Clerk.
I, C. C. Hassler, City Clerk of the said city of Bloom-
ington, do hereby certify that the foregoing is a true and
correct copy of the ordinance of the said city of Blooming-
ton, passed the 19th day of October, 1888, approved the
20th day of October, 1888, and published in the Daily
Leader, a newspaper published in the city of Bloomington,
Tuesday, October 30, 1888, that the original is now on file
in the office of said Clerk, that I am the keeper of the same,
and that it is recorded in the records of the City Council for
the fiscal year ending April 30, 1889.
Witness my hand and the seal of the city of Blooming-
ton, this 18th day of August, A. D. 1900.
(Seal.) C. C. HASSLER, City Clerk.
\
FT. WAYNE JENNEY ELECTRIC LIGHT CO.
TO THE
BLOOMÏNGTON ELECTRIC LIGHT COMPANY
January, 1889.
ASSIGNMENT OF FRANCHISE GRANT.
WHEREAS, During the year 1889, this company, the
Fort Wayne "Jenney" Electric Light Company of Fort
Wayne, Indiana, was the legal holder of the capital stock of
the Bloonlington Electric Light Company, of Bloomington,
Illinois, and
WHEREAS, By contract with the city of Bloomington,
Illinois the said Fort Wayne "Jtnney" Electric Light Com¬
pany was entitled to have passed for its benefit and for the
benefit of its successors and assigns an ordiance of the said
city of Bloomington granting to it the said Fort Wayne
"Jenney" Electric Light Company, its successors and as¬
signs, the right to erect poles and run wires upon the streets
of the said city of Bloomington for the furnishing of electric
light and power within its limits for commercial pur¬
poses, subject to any existing rights, if any, of other com¬
panies and subject to the right of said city to use all such
poles for its electric light or fire alarm wires free of charge
and with the right of the said Fort Wayne "Jenney" Elec¬
tric Light Company, in case the plant to be constructed by it,
the said Fort Wayne 'Jenney'> Electric Light Company pur¬
suant to, said contract became the property of the said city
of Bloomington, to use all poles belonging to the said city
172
of Bloomington upon which to run its commercial wires for
a reasonable rental, to be agreed upon between said city and
said company, and
WHEREAS, The said City Council of the city of
Bloomington did after the execution and delivery of the said
contract and on the 20th day of October, 1888, p^ss an ordi¬
nance granting to it, the said Fort Wayne "Jenney" Electric
Light Company, the rights provided for in said contract, and
WHEREAS, The said Fort Wayne "Jenney" Electric
Light Company afterwards on or about the month of Janu¬
ary, 1889, f°r a valuable consideration assigned by an instru¬
ment of writing, all its rights hereinabove enumerated under
said contract and under said ordinance approved October 20,
1888, to the Bloomington Electric Light Company; which
said assignment was left with the records and papers of the
said Bloomington Electric Light CoiUpany, and
WHEREAS, The said Bloomingotn Electric Light Com¬
pany has exercised all the rights and privileges under said
contract herein above set' forth and under said ordinance
since the said assignment, and
WHEREAS, It is reported to this company, the Fort
Wayne "Jenney" Electric Light Company that all of the
records of the said Bloomington Electric Light Company
were destroyed by fire in the city of Bloomington on June
19, 1900, and it is now desired to restore and confirm such
assignment, therefore,
The said Fort Wayne "Jenney" Electric Light Company
of Fort Wayne, Indiana, for and in consideration of the
premises, and the further consideration of one dollar ($1.00)
to it in hand paid, does hereby assign to the said Bloomington
Electric Light Company all its rights and privileges under
said contract hereinabove specifically mentioned and all its
grants, rights, privileges, permits and license under said or¬
dinance of the city of Bloomington approved October 20,
1888, to erect poles and run wires upon the streets of the
178
said city of Bloomington for the furnishing of electric light
and power within the limits of the said city of Bloomington
for commercial purposes, subject however to any existing
rights, if any, of other companies and subject to the right of
said city to use all such poles for its electric light or fire
alarm wires free of charge .
In witness-whereof the said Fort Wayne "Jenney" Elec¬
tric Light Company has caused this instrument to be signed
with its corporate name by its vice president and attested
by its assistant secretary and has caused its corporate seal to
be attached thereto, this 27th day of Sept. A. D. 1900.
FORT WAYNE "JENNEY" ELECTRIC LIGHT
COMPANY, (Seal)
By Perry A. Randall, Vice President.
Attest: H. J. Miller, Ass't Secretary. - (Seal)
CITY OF BLOOMINGTON.
FOR THE REGULATION OF ELECTRIC LIGHT
AND OTHER COMPANIES.
May 4, 1889.
Repealed November 15, 1890.
ORDINANCE.—-For the regulation and control of telephone, telegraph
and electric light companies.
Be it ordained by the City Council of the city of Bloom¬
ington:
Section i. That no telephone, telegraph, electric light
or other poles shall be erected in the streets of said city ex¬
cept under the direction and supervision of the Committee
on Streets and Alleys ; and no poles shall be erected within
a radius of one mile of the court house in said citv, save
such poles as are of sufficient size and strength to support
all wires that it may be found necessary to place upon them,
with safety to the public. Said poles shall be kept painted,
174
stepped and provided with rings for hitching horses, and
whenever, in the judgment of the City Council, the removal,
or change of location of such pole or poles and wires or the
apparatus, or the raising or lowering of the height of such
wires at any point or along any street, is necessary by reason
of any proposed local improvement at such point, or upon
such street, or for the convenience of the general public or
otherwise, then such pole, poles, wires, or other apparatus
shall be so removed within thirty days after notice of such
desired change, provided the owner of such pole, poles, wire
or other apparatus, shall have at least fifteen days notice of
such desired change or removal, with an opportunity to be
heard thereon; and, in case of danger to life or property
from fire, whenever, in the judgment of the Chief of the
Fire Department, the Mayor, or the Chairman of the Com¬
mittee on Fire Depatment, any of such poles or the wires
thereon interfere with the operations of the Fire Depart¬
ment, such poles may be cut down and removed, and shall
be replaced by the Telephone or other company to whom
they belong, under the direction of the Committee on Streets
and Alleys without expense to the city, and the city shall not
be liable to said telephone or other company for any damage
which may result from the cutting and removal of such poles
and wires.
Sec. 2. The city shall at all times have the right to string
its fire and police alarm and electric light wires on such poles
under the supervision of such telephone or" other company,
free of rental, provided such wires are so strung as not to
interfere with the proper workings of the telephone or other
wires thereon. And for a reasonable consideration all tele¬
phone, or telegraph, or electric light companies or corpora¬
tions, doing business within the limits of said city under this
ordinance, shall grant to other companies or corporations
hereafter receiving permission to erect poles, wires, and
other telephone, telegraph, or electric light or other electrical
apparatus upon the streets and alleys of said city, a pole
175
license or permit, for reasonable compensation, to run their
wires upon said poles, as far as the same is practicable, so as
to avoid, as far as possible, the unnecesary erection of poles,
wires, and other apparatus upon such streets and alleys.
4. - ^
Sec 3. No such poles or other apparatus shall be erected
so as to interfere with any sewer, gutter, or other local im¬
provement; and in case of the improvement in any way of
any street or alley upon which poles or other apparatus are
located, then the owner of such poles or other apparatus shall
make, at its own expense, all changes necessary to conform
to such improvement, and whenever a system of under¬
ground conduits for the operation of telephone, or telegraph,
or electric light wires shall become practicable for cities of
this size, then, upon six months' notice to any person, per¬
sons, company or corporation owning any such poles, wires,
or other apparatus upon said streets and alleys, the said poles
shall be removed from the streets and the wires placed un¬
derground. All rights and privileges under this ordinance
shall terminate in not to exceed twenty years from the date
of its approval.
SEC. 4. That any telephone company doing business
within the limits of said city under the provisions of this
ordinance, shall furnish the city seven telephones free of
charge, to be located within said limits where the council
may direct; and whenever, in the judgment of the Council,
the business of the city requires an additional telephone or
telephones, ' such telephone or telephones shall be furnished
to the city at a reduction of 25 per cent from the regular
exchange rate for business offices; and for each telephone
so furnished said city a regular exchange contract shall be
signed with rebate of rental endorsed thereon,J as herein
provided.
Sec 5. This ordinance shall not be in force as to any
telephone, telegraph, or electric light company unless such
company shall file with the City Clerk an acceptance of its
176
provisions, with a stipulation that it desires to do business
in -said city thereunder, and until the City Council in pur¬
suance of such stipulation, shall have granted to such person,
company or corporation its permit to do such business.
Sec. 6. Permission is hereby granted to the Central
Union Telephone Company, and to the Fort Wayne "Jen-
ney" Electric Light Company to erect poles and do business
i *
under this ordinance, provided they shall first file the stipula¬
tion herein provided for.
Sec. 7. Whoever shall willfully, maliciously, or negli¬
gently cut down, break, injure, or destroy any telegraph,
telephone, or electric light pole, telephone, telegraph, electric
light, fire or police alarm wire, or shall deface, injure, or
destroy any box or other apparatus connected therewith
within said city, or shall paint, post, place, print, or nail any
handbill, sign, poster, advertisement, or notice of any kind
on any telephone, telegraph, electric light, or police, or fire
alarm pole within said city, shall, upon convicition, be fined
not less than five dollars nor more than one hundred dollars
for each offense.
Sec. 8. That Art. II, Chap. 30, entitled "Provisions Re¬
lating to Electric Light/' and Art. I, Chapter 30, entitled
"Telegraphs and Telephones" be and the same are hereby
repealed.
Approved this 4th day of May, 1889.
J. R. MASON, Mayor.
Attest : p.. N. Evans, City Clerk.
177
CITY OF BLOOMINGTON
to thk
BLOOMINGTON ELECTRIC LIGHT' COMPANY
August 4, 1900.
ORDINANCE.—For the extension of the rights and privileges of the
Bloomington Electric Light Company under the ordinance entitled
an ordinance for the regulation and control of telephone, telegraph
and electric light companies, approved May 4, 1889, and accepted
by said Bloomington Electric Light Company November 8, 1889.
Be it ordained by the City Council of the city of Bloom¬
ington :
Section i. That the permission, right and privilege of
the Bloomington Electric Light Company, its successors and
assigns, to erect poles and string wires thereon upon the
streets and alleys of the city of Bloomington and to maintain
the same, provided for and granted to telephone, telegraph
and electric light companies by an ordinance of the city of
Bloomington approved May 4, 1889, accepted in writing by
the said Bloomington Electric Light Company on the 8th
(
day of November, 1899, be and the said permission, right
and privilege are hereby extended in favor of said Bloom¬
ington Electric Light Company for a period of twenty-six
(26) years from May 4, 1909, and until the 4th day of
May, 1935.
Slc. 2. That this extension to the Bloomington Electric
Light Company, of the said permission, right and privilege
provided for in said ordinance of May 4, 1899, and the said
acceptance thereof by the said Bloomington Electric Light
Company is granted subject to the provisions contained in
sections four, five, siix, seven, eight, nine, ten, and eleven
and fifteen of an ordinance of the city of Bloomington for
the regulation and control of the telephone, telegraph, elec¬
tric light, electric power and other electrical companies, ap¬
proved November 15, 1890.
178
Sec. 3. In consideration of the granting of the exten¬
sion herein provided for of the rights and privileges de¬
fined in said ordinance approved May 4, 1889, the said
Bloomington Electric Light Company, agrees to furnish,
when requested, to the said city of Bloomington, at any and
all of its city buildings or offices, all needed electric light or
power, or'both, at a rate per year of fifty (50) per cent
less than the lowest rate at which such electric light or power
is furnished to any of its patrons, after all discounts are
figured, provided that such reduced cost of light and power
shall not estop the city of Bloomington from collecting an
annual tax upon poles and wires in said city when such tax
becomes uniform upon the poles and wires of all companies
doing business in said city and when such a tax can legally
be levied.
Sec. 4. This ordinance shall not be in force until the
said Bloomington Electric Light Company, its successors
*tnd assigns, shall file with the City Clerk of said city an ac¬
ceptance of its provisions with a stipulation that it desires
to continue in business in the city of Bloomington under the
provisions of this ordinance and the provisions of the ordi¬
nance approved May 4, 1889, and sections four, five, six,
seven, eight, nine, ten, eleven, and fifteen of the said ordi¬
nance approved November 15, 1890, for the period herein
provided for.
Approved this 4th day of August, 1900.
LEWIS B. THOMAS, Mayor.
Attest: C. C. HasseER, City Clerk.
To the Honorable, the Mayor and City Council of the city
of Blooomington:
GenTeEmEn :—This company, for itself, its successors
and assigns, accepts the provisions of the ordinance entitled
an "Ordinance for the Extension of the Rights and Privi¬
leges of the Bloomington Electric Light Company under the
179
ordinance entitled an Ordinance for the Regulation and
Control of Telephone, Telegraph* and Electric Light Com¬
panies, approved May 4, 1889, and accepted by said Bloom-
ington Electric Light Company, November 8, 1889, ' passed
August 3, 1900, and approved August 4, 1900. And this
company stipulates that it desires to continue in business in
the city of Bloomingotn under the provisions of the said
ordinance passed August 3, 1900, and approved August 4,
1900, for the period of time therein named, and under the
provisions of the said ordinance approved May 4, 1889, and
the provisions of sections four, five, six, seven, eight, nine,
ten, eleven and fifteen of the ordinance for the regulation
and control of telephone, telegraph, electric light, electric
power and other electric companies, approved November 15,
1890. •
BLOOMINQTON ELECTRIC LIGHT COMPANY,
By A. E. DeMange, President.
August 8, 1900.
Received and placed on file and ordered printed in the
records.
(Council Proceedings year ending April 30, 1901, pp.
178, 188.)
CITY OF BLOOMINGTON.
FOR THE REGULATION OF ELECTRIC LIGHT
AND OTHER COMPANIES.
SECTIONS 4, s, 6, 7, 8, 9, 10, 11, & 15.
Enacted November 15, 1890.
ORDINANCE.—For the regulation and control of telephone, telegraph,
electric light, electric power and other electric companies.
Be it ordained by the City Council of the City of Blooming-
ton:
Sec. 4. For the purpose of reducing the. number of
poles and other electrical apparatus upon the streets and al-
180
leys of the city it shall be the duty: First, of all telegraph,
telephone, fire alarm and all other companies whose systems
of electrical apparatus are not dangerous to the telegraph
and telephone and fire alarm systems to use as far as possible
one and the same set of poles in the business portion of the
city and so far as practicable one and the same set of poles in
all other parts of the city.
Second. Of all electric light andl power companies to
use as far as possible one and the same set of poles in the
business portion of the city and so far as practicable one and
the same set of poles in all other parts of the city.
Third. Of the Bloomington and Normal Railway and
the Bloomington City Railway Company, so far as possible
in the business portion of the city and in all other parts of
the city where practicable, to use on one side of the street for
their suspension wires the same set of poles used by the
telegraph, telephone and fire alarm companies and on the
other side of the street for the other end of their suspension
wires and also for their feed wires the same poles used by
the electric light companies.
Stc. 5. The poles used by the telegraph, telephone, fire
alarm and other companies mentioned in number one of
section four above shall be set with the exception hereafter
named in section number ten of this ordinance on the west
side of Main street from the C. C. C. & St. L. Railroad to
Chestnut street, on the south side of Chestnut street from
Main street to the Chicago & Alton Railroad, and with the
exception hereafter named in section number ten of this
ordinance, on the east side of Center street from North street
to Olive street and with the exception hereafter named in
section number ten of this ordinance, on the south side of
Jefferson street, from Madison street to Main street and on
the south side of Front street from Madison street to Prairie
street and on the south side of Washington street from Mad¬
ison street to East street ; and the poles used by the electric
light and power companies shall be set upon the other or op-
181
posite side of the said streets with the exceptions hereinafter
named in section ten of this ordinance. In all other parts
of the city the poles used by the telegraph, telephone, fire
alarm and other companies mentioned in number one of sec¬
tion four above shall be set upon one side of the street and
so far as practicable the poles used by the electric light and
electric power companies shall be set upon the other or oppo¬
site side of the said streets.
S^c. 6. All wires crossing the police and fire alarm
wires shall be placed at least three feet above or below the
said police and fire alarm wires.
Sex. 7. It shall be the duty of the said companies at all
times to keep their plants in good repair and to use all rea¬
sonable precautions and devices to protect each other and the
public, from danger to life or property. All poles not in
use shall be removed from the streets and alleys.
Sex. 8. In case a disagreement should arise between any
of the said companies as to whose poles should be used for
leaders or principal poles ; or as to a reasonable pole license ;
or as to which side of the street shall be occupied by the
respective companies or as to safety devices, guard wires,
etc., to protect each other and the public, or as to any
other matter pertaining to the joint use of the poles herein¬
before prescribed, the same shall be submitted to the Com¬
mittees on Police and Light, and Streets and Alleys of the
City Council in connection with the Mayor of the city of
Bloomington, and the decision of the.said committees and
Mayor shall be binding and conclusive.
Sex. 9. The city shall at all times have the right to
string its fire and police alarm wires upon the poles used by
the said telegraph and telephone companies under the super¬
vision of the said companies, free of rental, provided such
wires are so strung and maintained as not to interfere with
the proper workings of the said telegraph, telephone or other
wires thereon.
Sex. 10. No poles shall be set on the west side of Main,
182
the north side of Washington, the east side of Center and the
south side of Jefferson streets adjacent to the court house
square—provided that this section in no wise affects the
rights that the Bloomington and Normal Railway Company
and the Bloomington City Railway Company have to erect
and maintain necessary poles upon the said portions of Main
and Washington streets for the operation of their cars by
electric motor power.
Sec. ii. The city shall at all times have the right to
string its electric light wires upon the poles used by the
electric light and electric power companies under the super¬
vision of the said companies, free of rental, provided such
wires are so strung as not to interfere with the proper work¬
ings of the said electric light or other wires thereon.
Sec. 15. The rights granted in this ordinance shall be
taken and used subject to all such regulations and ordinances
of a police nature as said City Council may at any time see
fit and be authorized to adopt.
I, C. C. Hassler, City Clerk of the city of Bloomington
and keeper of the records of the proceedings of the City
Council of said city, do hereby certify that the foregoing is
a true and correct copy of the title, enacting clause and of
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 15 of an ordinance
approved November 15, A. D. 1890. That the original of
said ordinance is now on file in my office and is recorded in
the records of the City Council of the said city of Blooming¬
ton for the fiscal year ended April 30 1891.
Witness my hand and the seal of the city of Blooming¬
ton this 9th day of May, 1901.
(Seal) C. C. HASSLER, City Clerk.
183
CITY OF BLOOMINGTON
to
BLOOMINGTON ELECTRIC LIGHT COMPANY
AND ASSIGNS.
AUTHORIZING CHANGE OF LOCATION OF
POLES AND WIRES.
August 30, 1901.
ORDINANCE.—Authorizing the Bloomington Electric Light Company
and assigns to remove its poles and wires from Grove, Front,
Washington, Jefferson, Monroe, Market, Mulberry, Madison, Cen¬
ter, Main and East streets, in the district bounded by Locust street
on the north, Olive street on the south, West street on the west,
and East street on the east, and to erect and maintain other poles
on a part of Grove street, a part of Main street and a part of East
street; and to erect and maintain brackets and poles in the alleys
of said district; and to suspend its wires and apparatus therefrom,
pursuant to an ordinance passed March 15, 1901.
Be it ordained by the City Council of the City of Blooming-
ton:
Section 1. That the Bloomington Electric Light Com¬
pany and assigns be and it is hereby given permission to re¬
move its poles and its electric light and power wires from
Grove, Front, Washington, Jefferson, Monroe, Market,
Mulberry, Madison, Center, Main and East streets, in the
district in said city bounded by Locust street on the north,
Olive street on the south, West street on the west and East
street on the east.
Sec. 2. The work of removing the said poles and wires
by the said Bloomington Electric Light Company shall be
completed by October 1, 1901, and shall be done with great-
care so as to avoid injury to persons or property and with¬
out unnecessary interruption of its service to the citizens of
said city, and the said Bloomington Electric Light Com¬
pany shall be liable for any and all damages to persons or
property which it may cause by said work, and by the ac¬
ceptance of this ordinance it agrees to save and keep said
184
city harmless from any and all claims for damages, if any,
which may grow out of said work of removing said poles
and wires.
Sec. 3. That the said Bloomington Electric Light Com¬
pany and assigns in the reconstruction of its circuits may
maintain, and erect and maintain, the following poles :
1. In the exercise of its rights and privileges heretofore
granted, it may maintain its present trunk line of eight (8)
poles on Olive street, between West and Main streets, three
(3) blocks, to support its eight (8) wires and two (2) wires
for the Bloomington and Normal Railway.
2. It may erect and maintain four (4) poles on Main
street between Olive and Grove streets, one ( 1 ) block, for
the support of its eight (8) wires and two (2) wires for the
Bloomington and Normal Railway.
3. It may erect and maintain three (3) poles on Grove
street between Main and East streets one ( 1 ) block, to carry
its six (6) wires, two (2) wires for the Union Gas and
Electric Company and two (2) wires for the Bloomington
and Normal Railway.
4. It may erect and maintain on Grove street between
Main street and the alley between Center and Madison, one
and one-half (1 y2) blocks, two (2) poles to carry its four
(4) wires.
5. It may erect and maintain nine (9) poles on East
street between Grove street and the alley in the block be¬
tween Washington and Jefferson streets, a distance of two
and one-half (2y2) blocks, to carry its four (4) wires, two
(2) wires for the Union Gas and Electric Company and
two (2) wires for the Bloomington and Normal Railway
as far as Front street.
6. It may erect and maintain in the alleys between Lo¬
cust street on the north, Olive street on the south, West
street on the west and East street on the east, special made
brackets attached to the buildings with the consent and per¬
mission of the owners of said buildings first had and ob-
185
tained ; and wherever necessary it may erect suitable poles in
4
said alleys close to the buildings or lot lines abutting thereon,
and may suspend on said brackets and poles and maintain
thereon the necessary wires, transformers and other neces¬
sary apparatus with which to serve its patrons within said
district, provided all service wires from the feed wires maim
tained on the said poles and brackets, wherever practicable,
shall be run down said poles or on said buildings in properly
insulated pipes attached to said buildings or said poles so
that said alleys shall remain open and unobstructed by said
wires.
7. It may suspend and maintain at an elevation to be
approved by the City Electrician, two (2) wires across Mad¬
ison street at each of the following points : From the alley
between Front and Grove streets, from the alley between
Front and Washington streets, from the alley between Wash¬
ington and Jefferson streets, from the alley between Jeffer¬
son and Monroe streets and across Center street from the
alley between. Grove and Front streets, from the alley be¬
tween Front and Washington streets, and from the alley
between Jefferson and Monroe streets. If said nine (9)
poles to be maintained on East street are placed on the west
side thereof, then it may suspend and maintain across East
street at an elevation to be approved by the City Electrician,
wires across East street at the following points : At the
alley between Grove and Front streets, at the alley between
Front and Washington streets, at the alley between Wash¬
ington and Jefferson streets.
S^c. 4. The said Bloomington Electric Light Company
and assigns hereby agrees that on or before September 2,
1902, it will remove the poles and wires described in Nos.
1, 2, 3, 4 and 5 of Section 3, and place said wires under¬
ground ; and if said wires are placed in conduits constructed
by said Bloomington Electric Light Company, the said com¬
pany shall furnish said city of Bloomington the necessary
ducts in said conduits for the wires of said city.
186
Sec. 5. The said poles hereby permitted to be erected
and maintained on said streets shall be shaved, painted and
stepped and at all times kept in good repair, and the said
city of Bloomington shall have the right to use the said
poles free of charge for its electric light wires, the suspen¬
sion of its lamps and for its fire alarm wires.
Sec. 6. The said poles hereby permitted to be erected
in the alleys within the said district shall be of a height to
suit the condition and surroundings and shall be shaved,
painted and kept in good repair and the city shall at all
times have the right free of charge to use said poles for its
electric light and fire alarm wires.
Sec. 7. This ordinance shall not be in force unless
within fifteen days after its passage and approval it is ac¬
cepted in writing by a communication addressed to the
Mayor and City Council of the said city, filed by the said
Bloomington Electric Light Company or its assigns with the
City Clerk of said city.
Sec. 8. The rights and privileges granted and the po¬
lice regulations imposed by this ordinance are supplemen¬
tary to and in addition to the existing rights and privileges
of the Bloomington Electric Light Company and to the po¬
lice regulations heretofore imposed upon the said Bloom¬
ington Electric Light Company by the City Council of said
city.
Passed August 30, 1901.
Approved this 31st day of August, 1901.
L. B. THOMAS, Mayor.
Attest : C. C. HasseER, City Clerk
To the Honorable Mayor and City Council of the City of
Bloomington:
GenTeEmEn :—We accept the provisions of the ordi¬
nance passed August 30 and approved August 31, 1901,
amendatory of and supplementary to the rights and privi¬
leges heretofore granted to this company and its assignor,
187
and supplementary to and amendatory of the police regula¬
tions heretofore imposed upon this company and other
companies maintaining poles and wires upon the streets of
the city of Bloomington, by the ordinance passed March 15,
1901, and we agree to comply with the provisions of said
ordinance passed August 30 and approved August 31, 1901.
as rapidly as the dangerous and complicated nature of the
work will permit.
BLOOMINGTON ELECTRIC LIGHT CO.,
By A. E. DsMANGEb President.
Received and placed on file.
(Council Proceedings, April 30, 1902, pp. 290 and 310.)
TOWN OF NORMAL
to the:
NORMAL ELECTRIC LIGHT AND POWER COM¬
PANY AND ASSIGNS.
July 21, 1902.
ORDINANCE. — Granting to the Normal Electric Light and Power
Company and to its successors and assigns the right to erect poles
and string wires thereon, and to maintain the same over which or
by which to convey electricity for lighting and for power purposes.
WHEREAS., It appears from the petition of the owners
of more than one-half (y2) of the property fronting on tl^e
streets and parts of streets hereinafter mentioned in the
town of Normal, that the said owners of a majority of the
property fronting on said parts of said streets requested this
council to grant to the said Normal Electric Light and
Power Company the right to erect poles and string wires
on said streets, and to maintain the same, over which, or tp
which to convey electricity for lighting and power purposes
WHEREAS, It appears to this council from said front¬
age petition that the said Normal Electric Light and Power
Company, has in all particulars, complied with the law and
188
is authorized by its charter powers to do lighting and furnish
power in the town of Normal, by means of electricity, and
that the owners of property fronting upon the said streets of
said town, representing more than one-half (J4) of the
frontage of said property upon each of said streets have pe¬
titioned this council to grant the said right to the said Nor¬
mal Electric Light and Power Company, therefore,
Be it ordained by. the Town Council of the Town of Normal
in McLean County, Illinois:
Section i. That the Normal Electric Light and Power
Company, of Normal, Illinois, its successors and assigns,
(hereinafter called Grantee,) is hereby granted a franchise
subject only to the conditions herein contained and to any
ordinance or ordinances now in force or which may here¬
after be in force in said town touching the use of said street
or streets, alley or alleys, in the operation thereon of said
Electric Light and Power Company, to erect, maintain, and
operate an electric light and power plant within the present
and future corporate limits of the town of Normal, State of
Illinois, and to use the following named streets, alleys and
public grounds of said town for the erection of poles, wires
and other appliances, to-wit :
Beech street, entire length to Ash.
Walnut street, length.
Oak street, length.
Linden street, entire length.
Fell avenue, entire length.
Broadway street, entire length.
School street, Lincoln to Beaufort.
University street, Willow to Division.
Main street, Summit avenue to Division.
Normal avenue, Summit avenue to Mulberry.
Kingsley street, Sudduth road to Hovey avenue.
Pine street, Linden to Beech.
Sycamore street, Fell avenue to Beech.
Poplar street, Fell avenue to Beech.
189
Willow street, Main to Beech.
Locust street, University to Beech.
Mulberry street, Main to Walnut.
Ash street, School to Beech.
North street, I. C. R. R. to School.
Beaufort street, Main to Linden.
Fourth street, Oak to Broadway.
Third street, Fell avenue to Oak.
First street, Linden to Franklin avenue.
Hester avenue, First street to Hovey avenue.
Sill street, Linden to Main.
Sudduth road, University street to Adelaide.
Mason street, Broadway to School.
Hovey avenue, Fell avenue to Adelaide.
Pear street, Franklin avenue to Main.
Peach street, Franklin avenue to Main.
Harris street, Franklin avenue to Main.
Maple street, Pine to Ash.
Cherry street, Fell avenue to C. & A. R. R.
Kern street, C. & A. R. R. to Adelaide.
Koch avenue, Main to Kern.
Adelaide street, Hovey avenue to Division.
Hale street, Kingsley to Adelaide.
Dale street, Kingsley to Adelaide.
Osage street, Kingsley to Adelaide.
Franklin avenue, C. & A. R. R. to Division.
Lincoln street, School to Linden.
Provided that no buildings are to be erected within or
upon any of the streets, alleys or public grounds of said
town.
Sec. 2. The setting of said poles and stringing of said
wires shall at all times during the life of this franchise, be
under the control of the Town Council of the town of Nor-%
mal, through its Committee on Streets and Alleys or some
person duly authorized by them, and no poles shall be set,
and no wires strung except under the direction of the Street
190
and Alley Committee, of said town of Normal, or some per¬
son duly authorized by them.
Said Committee on Streets and Alleys shall have power
to order the removal of any poles or wires, now set or strung
or that may.be hereafter set or strung when they deem it to
be in the interest of said town to have the same done, and if
the said grantee shall refuse or neglect to remove the same,
the said Street and Alley Committee may have the same
done, and the said grantee, by its acceptance of this ordi¬
nance, agrees to pay for the expense of removing the same,
provided the said grantee shall not be deprived of its right
to set poles or string wires upon any streets or alleys herein
mentioned under the direction of the Committee on Streets
and Alleys.
SEC. 3. The said grantee is authorized and empowered
to trim trees so as to prevent the limbs coming in contact
with the wires, under the supervision of the Street and Alley
Committee, provided the said grantee first obtains permis¬
sion so to do from said Street and Alley Committee and
provided further they shall immediately remove and burn
all brush caused by trimming the trees as aforesaid, and if
said grantee neglects or refuses so to do, then the Street and
Alley Committee, is authorized to remove and burn the
same, and said grantee by its acceptance of this franchise
agrees to pay to said town all expenses of removing and
burning the same. The said town shall have the privilege
of using the poles erected by said grantee, for the purpose
of maintaining an electric fire alarm and patrol system so
long as the said fire alarm and patrol system does not inter¬
fere with the efficiency of the electric light and power plant.
Sec. 4. The said town shall pass such other ordinances
as said town shall deem necessary for the due and complete
legal protection of the said grantee in the enjoyment of all
rights and privileges conveyed to it by this ordinance and
attach to said ordinances penalties of fine or imprisonment
or fine or imprisonment for interference with or injury or
damage to electrical property of said grantee.
191
Sec. 5. The said grantee, its successors and assigns, shall
pay all damages, court costs and expenses, which may be
recovered against said town by reason of the construction,
maintaining or operating of said electric lighting system in
said town and to hold said town harmless and indemnified
therefrom ; includng all reasonable attorney's fees and said
grantee, its successors and assigns, shall pay all costs and
damages which may result to individuals from accident,
carelessness, negligence or misconduct of the said grantee,
its successors or assigns, or its or their officers, agents or
employees in the construction, maintaining or operating of
said electric light system in said town.
Sec. 6. By the acceptance of this franchise the said
grantee, its successors and assigns, agrees to furnish power
for lighting purposes free of charge, to said town of Nor¬
mal, for lighting the Normal Town Hall, the Normal pump¬
ing station, and the Normal fire station and such other pub¬
lic buildings as may be hereafter erected by.said town dur¬
ing the life of this franchise.
Sec. 7. In case of fire or immediate necessity, the chief
of the fire department or the town marshal of said town,
when in his or their judgment the life or lives or property
of individuals or the town may be endangered, may cut said
wires ,or cut down said poles, and the said grantee, agrees
to replace the same without claim of damage or compensa¬
tion from said town and grantee not to be responsible for
damages to life or property by cutting down poles or wires.
Sec. 8. All poles erected in pursuance of this franchise,
shall be at least twenty-five feet in height, and shall be
shaved and painted and in case the grantee erects or main¬
tains lights for the lighting of the streets of said town, said
lights shall be at least sixteen (16) feet from the ground.
All wires to be so placed as not to interfere with public
travel and no wire to be attached to any tree, fence or build-
ing.
Sec. 9. It is further provided that for commercial light-
192
in g for incandescent lights, the said grantee, its successors
or assigns, shall not charge consumers to exceed ninety go)
cents per month for lights of sixteen (16) candle power, or
$1.70 per month for lights of thirty-two (32) candle power,
or for meter one cent ( 1 ct. ) per hour for lights of sixteen
(16) candle power.
Sec. 10. This ordinance, and all its provisions shall be
binding upon said grantee its successors and assigns and
lessees and in case of the failure to fulfill any or either of
the conditions, or provisions of this ordinance, the town
council may forfeit this, franchise and all rights granted
hereunder.
Sec. i 1. Said Company shall within ten (10) days from
the passage hereof file with the clerk of said town, its writ¬
ten acceptance of this franchise.
SEC. 12. This ordinance shall be in full force and effect
from and after its acceptance, passage, approval and publi¬
cation.
Passed and approved this 21st day of July, 1902.
O. SEIBERT, President.
Attest: E. A. Venciee, Clerk.
I, E. A. Vencill, Clerk of said town and keeper of the
records thereof, do hereby certify that the foregoing is a
true copy of the original ordinance passed and approved by
the Town Council of said town at a meeting of said Town
Council on the 21st day of July, 1902, and published in the
Normal Advocate, a newspaper published in the said town
of Normal.
Witness my hand and the seal of the said town of Nor¬
mal, this 4th day of April, A. D. 1904.
STATE OF ILLINOIS,
McLEAN COUNTY.
TOWN OF NORMAL.
(Seal.)
E. A. VENCILL, Clerk.
193
TOWN OF NORMAL
TO the:
NORMAL ELECTRIC LIGHT AND POWER CO.
AUTHORIZING SALE.
November 14, 1903.
ORDINANCE.—Authorizing the Normal Electric Light and Power
Company to sell, assign and transfer its street grant or franchise
from the town of Normal, authorizing it, the said Normal Electric
Light and Power Company, its successors and assigns, to erect
poles and string wires thereon, and to maintain the same over which
or by which to convey electricity for lighting and for power pur¬
poses, in the town of Normal, passed and approved July 21, 1902,
and consenting that the Bloomington and Normal Railway, Elec¬
tric and Heating Company may accept an assignment and transfer
of said street grant or franchise with the full approval of the Town
Council of the town of Normal, and may exercise all of the rights
under said street grant or franchise, as the assignee thereof, as fully
as the said Normal Electric Light and Power Company might or
could heretofore do, since the enactment of the said grant.
WHEREAS, The power plant and machinery of the
Normal Electric Light and Power Company were destroyed
by the explosion of its boiler on the 3rd day of May, 1903,
and
WHEREAS, The town of Normal has been without
street lights since the date of the said explosion and the citi¬
zens and residents of Normal have been without light and
power for private uses except for the light and power fur¬
nished by the Bloomington and Normal Railway, Electric
and Heating Company, and
WHEREAS, The said Normal Electric Light and
Power Company is desirous of disposing of its street grant
or franchise from the town of Normal, and of the good will
of its corporate business, and of its real estate and tangible
property to the Bloomington and Normal Railway, Electric
and Heating Company, and
WHEREAS, The said Bloomington and Normal Rail¬
way, Electric and Heating Company has submitted to the
194
town of Normal a proposition which this Council has ac¬
cepted, and
WHEREAS, The said Bloomington and Normal Rail¬
way, Electric and Heating Company is desirous of furnish¬
ing light and power for the private use of the citizens and
residents of the town of Normal, therefore,
Be it ordained by the Town Council of the tozvn of Normal:
Section i. That the consent of the town of Normal is
»
hereby given that the said Normal Electric Light and Power
Company may assign and transfer to the Bloomington and
Normal Railway Electric and Heating Company, its succes¬
sors and assigns, all thé rights and privileges granted to it,
the Normal Electric Light and Power Company, to erect
poles and string wires, and to maintain the same, over which
or by which to convey electricity for light and power pur¬
poses, upon all of the streets of the town of Normal men¬
tioned and specified in the ordinance of the town of Normal
granting said rights and privileges, passed and approved
July 21, 1902.
Sec. 2. That the said Bloomington and Normal Rail¬
way, Electric and Heating Company its successors and as¬
signs, as the assignee of the said Normal Electric Light
and Power Company, is hereby expressly granted all of the
said rights and privileges, including the right and privilege
to furnish light by contract with the Town Council of the
town of Normal for the streets thereof, and to furnish light
and power to any or all of the citizens or residents of Nor¬
mal, upon the streets specified in the said ordinance passed
and approved July 21, 1902; Provided, By the acceptance
of the provisions of this ordinance, the said Bloomington
and Normal Rail way ? Electric and Heating. Company agrees
that for electric current furnished by it to provide light in
Normal for business purposes it will not charge a rate in
excess of ten cents per kilowatt.
Passed and approved this 4th day of November, A. D.
1903.
O. SEIBERT, President.
(Seal.) E. A. VENCiivLr Clerk.
195
STATE OF ILLINOIS, )
McLEAN COUNTY, I ss.
TOWN OF NORMAL. )
I, E. A. Vencill, clerk of said town, do hereby certify
that the foregoing is a true copy of the original ordinance
passed and approved by the Town Council of said town, at
a called meeting thereof held on the 4th day of November,
A. D. 1903, and published in the Normal Advocate, a weekly
newspaper of general circulation published in said town on s
November 6, 1903.
Witness, my hand and the seal of the said town of Nor¬
mal, this 9th day of November, A. D. 1903.
E. A. VENCILL, Clerk,
(Seal.) Corporate Town of Normal.
sale by the normal electric light and
POWER COMPANY
TO TH£
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY AND ASSIGNS.
November 9, 1903.
DEED.
The Normal Electric Light and Power Company, by its
President and Secretary, pursuant to and under the au¬
thority of a resolution adopted by the Board of Directors of
the said Normal Electric Light and Power Company, on
the 9th day of November, 1903, hereby sells, assigns, trans¬
fers and delivers and by this instrument has sold, assigned,
transferred and delivered to the Bloomington and Normal
Railway Electric and Heating Company, and to its succes¬
sors and assigns, for and in consideration of the stim of
sixty-two hundred ninety-five dollars and forty-three cents
($6295.43), this day paid by the said Bloomington and
Normal Railway, Electric and Heating Company to the said
196
Normal Electric Light and Power Company, all the follow¬
ing described property and chattels, to-wit :
First : The ordinance grant or street franchise from the
town of Normal, McLean county, Illinois, passed and ap¬
proved July 21, 1902, under which it, the said Normal Elec¬
tric Light and Power Company has erected poles and wires
upon the streets of the said town of Normal and under
which said ordinance grant it has heretofore furnished light
for the streets of the said town and for the use of its citizens
and inhabitants.
Second : All the poles, wires, insulators, brackets, pins,
cross arms, ropes, hoods, arc lamps, transformers, switches,
fuse boxes, sockets, cords, braces, circuit breakers, mast
'arms, meters and all other property, chattels and appurte¬
nances, both those now erected and suspended upon the streets
of Normal and adjacent thereto, the location of which is
shown in a general way on the map marked "Exhibit A"
and attached hereto, and those in store or stock and hereto¬
fore used or unused. Also all incandescent lamps, inside
wiring and all other tangible property and chattels of any
and every description whatsoever, now-belonging to the said
Normal Electric Light and Power Company. A part of
which said chattels and property are listed in the report of
C. F. Snyder to A. E. DeMange, President of the said
Blooinington and Normal Railway, Electric and Heating
Company, under date of June 26, 1903, hereto attached,
marked "Exhibit B," and for reference and convenience,
made a part of this conveyance.
Third : All boilers, engines, dynamos, generators,
heater, line shaft, instruments, apparatus and all other ma¬
chinery of whatsoever kind or description, whether damaged
by fire or undamaged belonging to the said Normal Electric
Light and Power Company at the time of the execution of
this instrument.
Fourth: All of the real estate of whatsoever kind or
description owned by the said Normal Electric Light and
197
Power Company at the date of the destruction of its plant
by an explosion, and all of the real estate owned by the said
Company on the date of the execution of this Instrument,
separate conveyances of the said real estate by warrantee
deed to be made to it, the Bloomington and Normal Rail¬
way, Electric and Heating Company, or to a trustee for its
benefit, by the Normal Electric Light and Power Company,
as it, the Bloomington and Normal Railway, Electric and
Heating- Company may direct.
In witness whereof, the Normal Electric Light and
Power Company pursuant to the said resolution adopted by
its said Board of Directors, has caused its corporate name
to be signed and its corporate seal to be attached hereto, and
has caused the same to be attested by its secretary on this 9th
day of November 1903.
THE NORMAL ELECTRIC LIGHT AND POWER CO.
(Seal.) • By David FelmleX President.
Attest : W. H. OdELL, Secretary.
CITY OF BLOOMINGTON
to
A. E. DeMANGE AND ASSIGNS.
GRANTING THE RIGHT TO LAY A SYSTEM OF HEATING
PIPES IN THE STREETS, ALLEYS, ETC.
April 21, 1900
ORDINANCE.—Granting to A. E. DeMange and to his assigns, the
right to lay and maintain a system of pipes, boxing and necessary
fittings and connections under the alleys, streets and public places
in the city of Bloomington, through which to conduct hot water for
the heating, of residences, public buildings and business houses in
the city of Bloomington.
Be it ordained by the City Council of the City of Blooming¬
ton:
Section i. That A. E. DeMange, or his assigns, be
and they are hereby authorized and permitted to excavate
necessary trenches and to lay therein and maintain' for thirty
198
years from and after November i, 1901, the necessary pipes
and all necessary boxing, fittings, and connections, with all
necessary and requisite boxing and insulation and other ap¬
purtenances under the alleys, streets and public places in the
city of Bloomington, Illinois.
Said pipes to be used for the purpose of conducting and
distributing hot water for the distribution of heat to public
buildings, business houses, residences, and all other struc¬
tures, where heat may be required.
Stc. 2. That the permit and right granted in and by
section 1 of this ordinance is granted upon the express con¬
dition that the said A. E. DeMange, or his assigns, shall
protect the city of Bloomington from any and all damages,
if any, which may be suffered by any person or persons ; or
which may be caused to the property or rights of any per¬
son or persons, if any, on account of such excavations and
the laying of such pipes and boxing in the streets, alleys and
public places of said city.
; Said pipes, boxing, and all necessary appurtenances
where practicable, shall be laid in the alleys only ; and where
alleys are not available, they shall be laid in the space be¬
tween the outer edge of the sidewalk and the curb line of
the street, and where it is not practicable to lay them in the
alleys or in the street between the sidewalk and curb linè,
they may be laid in the streets on lines to be designated by
the City Council of the city of Bloomington, and in such
cases where the streets are paved, excavations shall be made
and said pipes, boxing, or any part thereof, and all fittings,
connections and appurtenances shall be laid and the excava¬
tions filled and pavements replaced in accordance with the re¬
quirements of the ordinances of said city applicable thereto
and in accordance with the provisions of any contract or
bond then in force between said city and the contractor by
whom the street was paved.
And in all cases in whatever part of the alleys, streets or
public places such excavations shall be made, the surface
199
thereof shall be restored to the same condition as before said
excavation by said DeMange or his assigns.
And the said A. E. DeMange, or his assigns, shall make
said necessary excavations and lay said pipes and boxing and
appurtenances without damage to such gas, water, sewer, or
other pipes as may at the time said excavations are made,
be in the alleys, streets and public places in the city of Bloom¬
ington and shall protect said city from any'claim for dam¬
ages that may arise therefrom.
And the said A. E. DeMange, or assigns, shall so lay
said pipes, boxing, fittings and connections as not to inter¬
fere with any main or branch of the sewerage system of said
city, now or hereafter to be laid, and subject to the right of
said city to change the grade of the surface of said alleys,
streets and public places whenever the City Council of said
city shall so ordain.
And the said DeMange and his assigns by the accept¬
ance of the provisions of this ordinance agree that during
all the time that they or either of them shall maintain and
operate said system of pipes, and boxing, or any part thereof,
they will protect the city of Bloomington from all damages
which may happen to persons or property on account of the
maintenance of such pipes, and boxing, or any part thereof
or on account of the distribution of hot water through said
pipes.
Sec. 3. Should it become necessary for the proper dis¬
tribution of heat to excavate and lay pipes and boxing in any
of the streets or alleys or other public place, now covered
with brick or other paving, the said DeMange and his as¬
signs do hereby agree that all the provisions and conditions
of the ordinances of the city of Bloomington applicable to
such excavations shall first be complied with before such ex-.
cavations are made and that such excavations and the relay¬
ing of the pavement in the places where such excavations
shall be made, shall be done in accordance with all the pro¬
visions of the ordinances of the city of Bloomington appli¬
cable thereto.
200
Sec. 4. That the said A. E. DeMange or his assigns
shall have a plant for the distribution of said hot water fully
- installed and equipped and ready to furnish hot water for
heating, and shall have at least one mile of pipes laid for the
distribution of heat by hot water on or before November i,
1901 ; and in default thereof this ordinance shall be void.
And thereafter if so installed said heating plant shall fur¬
nish heat to all consumers desiring the same contiguous to
its mains and laterals during all the hours, day and night,
during the seasons of the respective years when heat is re¬
quired. And if required said DeMange or his assigns shall
from and after November 1, 1902, furnish hot water for the
heating of the City Hall building when the same shall have
t *
been properly equipped therefor, free of charge to the city
of Bloomington.
Sec. 5. That said A. E. DeMange or his assigns shall
file with the City Clerk of the city of Bloomington an instru¬
ment in writing, within twenty days from the passage of
this ordinance accepting all the terms, conditions and provi¬
sions of this ordinance, whereupon it shall at once take effect,
and in default thereof the same shall be void ; and said ac¬
ceptance shall be presented by the City Clerk to the City
Council and become a part of the record of its proceeding.
Approved this 21st day of April, 1900.
LEWIS B. THOMAS, Mayor.
Attest : C. C. HasslEr, City Clerk.
On page 652 of the City Council Proceedings of the city
of Bloomington, being a record of the proceedings of a regu¬
lar meeting of the City Council of said city held May 4,
1900, appears the following :
To the Honorable, the Mayor, and the City Council of the
City of Bloomington:
Gentlemen For myself and my assigns, I accept all
the terms, conditions and provisions of the ordinance grant;
ing to me and my assigns the right to lay and maintain a
201
system of pipes, boxings, necessary fittings and connections
under the alleys, streets and public places in the city of
Bloomington, through which to conduct hot water for the
heating of residences, public buildings and business* houses
in the city of Bloomington, passed April 20, 1900, and ap¬
proved April 21, 1900, and published in the City Council
Proceedings of April 27, 1900, page 643.
Bloomington, 111., May 4, 1900.
' A. E. DDMANGE.
Received and accepted and ordered recorded.
STATE OF ILLINOIS,
CITY OF BLOOMINGTON.
I, C. C. Hassler, City Clerk of the city of Bloomington
and keeper of the records of the proceedings of the City
Council of said city and of the official papers pertaining to
the business of said city, do hereby certify that the forego¬
ing, pages one to four inclusive, is a true and correct copy of
an ordinance passed by the City Council of the city of Bloom¬
ington April 20,1900, and approved April 21,1900, and pub¬
lished in the City Council Proceedings of said city of April
27, 1900, page 643. And that page five is a true and correct
copy of the acceptance of said ordinance filed with me and
presented by me to the City Council of the city of Bloom¬
ington at a regular meeting held May 4, 1900, and that said
acceptance was ordered by said City Council received and ac¬
cepted and ordered recorded as appears from the printed
proceedings of said meeting of said City Council on page 652
thereof.
Given under my hand and the seal of said city this.
day of October, 1900.
(Seal.) C. C. HASSLER, City Clerk.
202
A. E. DEMANGE
TO
THE CITY DISTRICT HEATING COMPANY.
September 15, 1900.
ASSIGNMENT.
ORDINANCE.—Granting right to lay heating( pipes, etc.
KNOW ALL MEN BY THESE PRESENTS, That
I, A. E. DeMange, of the city of Bloomington,
county of McLean and state of Illinois, for and
in consideration of the sum of Nineteen Thousand
Eight Hundred Dollars ($19,800) to me in hand paid,
have assigned and do hereby assign to the City District
Pleating Company, all my right, title and interest in and to
the rights, franchise and privileges to me granted by the
city of Bloomington in an ordinance passed by the City
Council of the said city at a regular meeting of that body
held April 20, 1900, and approved by the Mayor of said
city April 21, 1900, and published in the City Council Pro¬
ceedings of said city April 27, 1900, on page 643 ; which said
ordinance granted to me and to my assigns the right, au¬
thority and privilege to lay and maintain in the streets and
alleys of the city of Bloomington for a period of thirty years
from November 1, 1901, a system of pipes, boxing, and
necessary fittings and connections under the alleys, streets
and public places in the said city of Bloomington ; and which
said ordinance was accepted by me in a written communica¬
tion addressed to the Mayor and City Council of the city of
Bloomington, May 4, 1901, and which said acceptance was
received, accepted and ordered recorded.
Also all my right, title and interest in a certain contract
with*the Bloomington Electric Light Co., bearing date Aug¬
ust 10, 1901, leasing to me and to my assigns for a period of
thirty years from November 1, 1900, the necessary space in
its power house, boiler room, and upon other parts of its
203
power house premises for all necessary piping, condensers
and apparatus for the installing of a district hot water or
steam heating plant for the city of Bloomington, together
with its, the said Bloomington Electric Light Company's
entire output of exhaust steam to be used for district steam
heating or for the heating of hot water for distritc hot water
heating in the city of Bloomington. Granting unto my said
assignee, The City District Heating Co., all my rights, priv¬
ileges, and all my interest under the said ordinance and the
said contract.
Given under my hand and seal this 15th day of Septem¬
ber, 1900.
(Seal.) A. E. DeMANGE.
CITY OF BLOOMINGTON
TO
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING COMPANY.
AMENDING SEC. 4 OF AN ORDINANCE OF APRIL 21, 1900.
October 25, 1902.
1
ORDINANCE.—Amending Section 4 of an ordinance granting to A. E.
DeMange and to his assigns the right to lay and maintain a system
of pipes, boxing and necessary fittings and connections under the
alleys, streets and public places in the city of Bloomington through
which to conduct hot water for the heating of residences, public
buildings and business houses in the city of Bloomington, approved
April 21, 1900.
WHEREAS, By Section 4 of an ordinance of the city
of Bloomington, A. E. DeMange, or his assigns, as a condi¬
tion of the ordinance grant by the city of Bloomington, ap¬
proved April 21, 1900, was obligated if required, from and
after November 1, 1902, to furnish hot water for the heating
of the City Hall building, when the same should be properly
equipped therefor, free of charge, to the city of Blooming¬
ton ; and
204
WHEREAS, The said ordinance, approved April 21,
1900, was by the said A. E. DeMange duly accepted for
himself and his assigns, by an instrument in writing pre¬
sented to this Council on the 4th day of May, 1900; and
WHEREAS, The said A. E. DeMange, on the 15th day
of September 1900, assigned the said ordinance and all its
franchises, rights and privileges therein to him granted, to
The City District Heating Company, a corporation organ¬
ized under the laws of the State of Illinois ; and
WHEREAS, The Bloomington and Normal Railway,
Electric and Heating Company is the lawful successor of
the said City District Heating Company, and the assignee
and grantee of all its rights, privileges and franchises ; and
WHEREAS, It has become expedient for the said city
of Bloomington to require the said Bloomington and Nor¬
mal Railway, Electric and Heating Company, as the succes¬
sor of fhe said A. E. DeMange and of the said City District
Heating Company, to heat the building known as the Cen¬
tral Fire Station, erected during the year 1902, at Nos. 220,
222 and 224 East Front street, in the city of Bloomington,
and to release the said Bloomington and Normal Railway,
Electric and Heating Company, as the successor to and as¬
signee of the grant, rights, privileges and franchises herein¬
before mentioned, from the obligation to heat the City Hall
building of the said city of Bloomington, as required by said
Section 4, of said ordinance approved April 21, 1900; there¬
fore,
Be it ordained by the City Council of the City of Blooming¬
ton, as follozvs:
That Section 4 of an ordinance granting to A. E. De-
Mange and to his assigns the right to lay and maintain a
system of pipes, boxing and necessary fittings and connec¬
tions under the alleys, streets and public places in the city of
Bloomington, through which to conduct hot water for the
heating of residences/public buildings and business houses,
205
in the city of Bloomington approved April 21, 1900, be, and
the same is hereby amended so as to read as follows :
SEC. 4. That the said Bloomington and Normal Rail¬
way, Electric and Heating Company, successor to and as¬
signee of the grant, rights, privileges and franchises men¬
tioned and described in this ordinance, and its successors
and assigns, shall have a plant for the distribution of said
hot water, fully installed and equipped, ready to furnish hot
water for heating, and shall have at least one ( 1 ) mile of
pipes laid for the distribution of heat by hot water on or be¬
fore November 1, 1901, and in default thereof, this ordi¬
nance shall be void, and thereafter said heating plant shall
furnish heat to all consumers desiring the same contiguous
to its mains and laterals, during all the hours, day and night,
during the seasons of the respective years when heat is re¬
quired, and if required said Bloomington and Normal Rail¬
way, Electric and Heating Company, or its successors and
assigns, shall furnish hot water circulation free of charge,
so long as it, its successors and assigns shall operate its plant
and distribute heat in the city of Bloomington, for the heat¬
ing of the central fire station, located at Nos. 220, 222 and
224 East Front street, in the city of Bloomington, Illinois,
from and after the six (6) inch mains and air line pipe here¬
inafter mentioned shall have been extended for that purpose
and from and after the said city of Bloomington has equip¬
ped the said building known as the central fire station with
the necessary piping and necessary radiation as hereinafter
in this section specified. The said hot water circulation to
be ample for the thorough heating of said house during all
heating seasons and in the coldest weather except when said
company may be prevented from furnishing the same by a
strike or strikes, fire, lightning, storm or accident.
The said Bloomington and Normal Railway, Electric
and Heating Company, by its acceptance of the provisions of
this amendment, agrees to extend its six inch mains and air
line pipe from their present terminus in the alley between
206
Washington, Main, Front and East streets, eastwardly
through the alley extending due east therefrom, to the east¬
ern terminus of said alley, and then through private ground
to a point twenty feet east of the west line of Prairie street,
the said extension to be completed on or before the ist day
of December, 1902, provided said extension shall be made
upon the following express conditions.
1. The city of Bloomington shall pay the entire cost of
the extension of said six inch mains and air line pipe, with
%
necessary valves, expansion joints and other fittings, from
their present terminus in said alley to any point in the rear
of said fire station which may be designated by the said
Bloomington and Normal Railway, Electric and Heating
Company ; the contract for the extension of said mains, with
the said necessary appurtenances, to be let by the said com¬
pany to the lowest responsible bidder, and the said city to
pay the contract price agreed upon by such bidder and the
Bloomington and Normal Railway, Electric and Heating
Company and within the time agreed upon in said contract ;
Provided, the said city of Bloomington shall, after said bids
have been received and opened, have the privilege, if it so
desires, of doing the work and furnishing the material neces¬
sary in constructing said extension as above provided.
2. The said city of Bloomington to procure for the said
Bloomintgon and Normal Railway, Electric and Heating
Company, a right of way for its said six-inch mains and air
line pipe to the said point to be designated by the said
Bloomington and Normal Railway, Electric and Heating
Company, in the rear of said fire station as aforesaid, thence
due east to a point twenty feet east of the west line of Prairie
street, with the right of access thereto for repairs, connec¬
tions and other necessary purposes, or in default thereof, to
grant to the said Bloomington and Normal Railway, Elec¬
tric and Heating Company, the right to extend its six-inch
mains and air line pipe from the said point in the rear of the
said fire station, across said city's property, due south, to a
207
point nineteen feet south of the north line of Front street,
with the same right of access for the said mentioned pur¬
poses.
The said city of Bloomington shall, at its own expense,
equip its said fire station with the quantity or number of
square feet of water radiation, valves and necessary fittings,
to be specified by the said company, and distribute the same
in the various parts of the said fire station, in accordance
with specifications to be furnished to it, the said city, by the
said company, and shall connect the same with the necessary
supply and return piping, in accordance with specifications
to be furnished by the said company and shall pay the cost
of the necessary connections between the said mains and air
line pipe and the said piping and radiation in the said Cen¬
tral Station House, and shall install in' said engine house a
Powers thermostat regulator, property connected, in accord¬
ance with specifications to be furnished by the said company.
4. The said city of Bloomington shall have no property
right or interest whatsoever in the said six-inch mains and
air line pipe so extended for the purpose in this section set
out, except the right to have its said Central Fire Station
House heated by hot water circulation to be taken from and
returned to the said mains, but the same shall be the exclu¬
sive private property of the said Bloomington and Normal
Railway, Electric and Heating Company, subject, however,
to all of the provisions and conditions of the said ordinance
grant approved April 21, 1900.
The. acceptance of the provisions of this amended Sec¬
tion 4 of the said ordinance, approved April 21, 1900, shall
constitute a contract between the said city of Bloomington
and the said Bloomington and Normal Railway, Electric
and Heating Company, for the object and purpose set forth
in this section.
Sec. 2. This ordinance shall be in full force and effect
from and after its passage.
Passed this 24th day of October, 1902.
Approved this 25th day of October, 1902.
LEWIS B. THOMAS, Mayor.
Attest : C. C. Hassler, City Clerk.
208
On motion of Alderman Finnan, the rules were sus¬
pended and the ordinance placed upon its passage and passed
by the following aye and nay vote :
Ayes—ii.
Nays—None. (Alderman Kerrick being absent from
the room.)
To the Honorable, the Mayor, and the City Council of the
City of Bloomington:
We accept the provisions of the ordinance passed Octo¬
ber 24, 1902, and approved October 25, 1902, amending
Section 4 of the ordinance approved April 21, 1900, grant-
\
ing the right to lay and maintain a system of pipes, fittings,
etc., under the alleys, streets and public places through which
to conduct hot water for the heating of residences, public
buildings and business houses in the city of Bloomington.
We are having plans and specifications prepared for the
extension of the six-inch mains therein mentioned and will
proceed with the matter as rapidly as circumstances will
permit. Respectfully submitted,
BLOOMINGTON AND NORMAL RAILWAY, ELEC¬
TRIC AND HEATING CO.,
By A. E. D^Mange^ President.
Received and placed on file.
October 31, 1902.
STATE OF ILLINOIS,
CITY OF BLOOMINGTON.
I, Herbert L.. Denison, City Clerk of the city of Bloom¬
ington, do hereby certify, that the above and foregoing, on
pages one (1) to five (5) inclusive, are true and correct
copies of the ordinance of the city of Bloomington? the vote
by which said ordinance was passed and the acceptance of
*
the provisions of said ordinance by the Bloomington and
Normal Railway, Electric and Heating Company, the orig¬
inals of which are on file in the office of the City Clerk of
209
the city of Bloomington, and that the said ordinance was
duly passed by the City Council of the city of Bloomington
on the 24th day of October, 1902, and approved by the
'Mayor on the 25th day of October, 1902.
In witness whereof, I have hereunto set my hand and
seal and affixed the seal of the said city of Bloomington on
this first day of April, 1904.
(Seal.) H. L. DENISON, City Clerk.
(Seal.) By C. C. Hassuer, Ass't.
I N D EX
BlyOOMlNGTON.
Acceptances. Page,
of ordinance consenting to railway on Front and
other streets . n
of East Walnut, North Clinton, West Market and
Wood streets ordinance 26
of Center street and Seminary avenue ordinance.... 32
of Allin street ordinance 36
of ordinance consenting to railway on Catherine,
Walnut, Mason, Gridley, Clay and Clinton streets. .115
of ordinance for the extention of the rights and privi¬
leges of the B. E. L. Co 178
of ordinance to B. E. L. Co., authorizing change of
location of poles and wires. . . 186
of ordinance granting the right to lay a system of
heating pipes, etc 200
of ordinance to B. & N. Ry., E. & H. Co., to heat the
Central Fire Station 208
Assignments.
of franchise grant, Ft. Wayne "Jenney" Electric
Eight Co. to B. E. L. Co 171
of ordinance consenting to a railway On Front and
other streets by M. T. Scott, J. C. Stevenson and
J. B. Stevenson to B. & N. H. Ry. Co 11
of ordinance grant of the right to lay heating pipes,
etc., by A. E DeMange to the City District Heat¬
ing Co 202
Board of Supervisors.
proceedings relative to street railway on South Main. 121
proceedings relative to street railway on South Main,
East Washington and Vale streets 124
proceedings relative to street railway on Vale and
Clay streets 135
II
PAGE
Charter, (special) B. & N. H. Ry. Co i
Contract, C. & A. Ry. Co. with B. & N. Ry.., E. & H.
Co., for construction of subway 158
Council Proceedings.
relative to location of street railway on Catherine,
Walnut, Mason, Gridley, Clay and Clinton streets. 101
relative to T rails on West Washington street. . . . 59, 75
relative to T rails on South Main, Robinson, Front,
East Washington, Center, Chestnut and Seminary
avenue 55
Consolidation, B. C. Ry. and B. & N. H. Ry. ........ 55
Decree, case of D. M. Funk, trustee, vs. B. C. Ry. et al. 60
Deeds.
master in chancery of McLean county to A. E. De-
Mange and John Graham 67
A. E. DeMânge and wife and John Graham to B. &
N. Ry V 72
Grants.
Board of Supervisors to B. & N. Ry., right to lay and
maintain tracks on first 1300 feet south of city
limits on South Main street 122
Board of Supervisors to B. & N. Ry., right to lay and
maintain tracks from terminus 1300 feet south of
city limits on South Main street to a point 730
south on said street ; also from the terminus of the
railway on East Washington east to Vale street,
thence south to the Racing Park 129
Board of Supervisors to B. & N. Ry., E: & H. Co., of
the right to locate and maintain a railway on Clay
street, from eastern corporate line of Bloomington
to Vale street and on Vale street 138
Stephen Houghton to B. & N. Ry 143
Alice L. Flazle and husband to B. & N. Ry., E. & H.
Co . . 145
Andrew Lindblad and wife to B. & N. Ry.. 147
Andrew Lindblad to B. & N. Ry., E; & H. Co 164
Ill
PAGE
John P. Walker and wife and S. R. White to B. & N.
Ry 149
C. & A. Ry. to B. & N. Ry 157
Lewis Sailor to B. & N. Ry., E. & H. Co 162
.Board of Education of the State of Illinois to B. & N.
Ry., E. & H. Co 167
Master's report of sale in case of D. M. Funk, trustee,
vs. B. C. Ry. et al 66
Notice by City of Bloomington relative to Front street
pavement 12
Ordinances.
general, relative to "Horse Railroads" » 20
general, consenting to railway on Main and other
streets 4
on Chestnut street 7
on Front and other streets 8
on Washington, Robinson and Front streets , 12
on West Washington street 16
on South Main to Miller street. 20
on Wood, East Walnut, North Clinton and West
«
Market streets 23
on South Main to the city limits 27
on Center street and Seminary avenue 29
on Allin street 33
on Allin, between Moulton and Wood streets. . . . ^. . 40
amending an ordinance for a railway on Allin street,
between Moulton. and Wood streets . 44
on Catherine, Walnut, Mason, Gridley, Clay and
Clinton streets 104
amending an ordinance consenting to a street railway
on Catherine, Walnut, Mason, Gridley, Clay and
Clinton streets 118
to B. C. Ry. and B. & N. H. Ry. Co., permitting the
use of electricity 36
amending the ordinance permitting the use of electric¬
ity for the operation of cars 38
IV
Ordinances—Continued. page
for the regulation of electric light and other compa¬
nies (May 4, 1889) 173
for the regulation of electric light and other compam
ies, repealing ordinance of May 4, 1889.. . 179
to Ft. Wayne "Jenney" Electric Light Co 169
for the extension of rights and privileges of the B. E.
L. Co 177
to B E. L. Co., authorizing change of location of
poles and wires. 183
to A. E. DeMange and assigns, granting the right to
lay a system of heating pipes, etc 197
to B. & N. Ry., E. & H. Co., relative to heating Cen¬
tral Fire Station 203
Petitions.
of property owners for a railway on East Washing¬
ton and Vale streets 128
#
on South Main street . . . . . 129
Surrender of possession, B. C. Ry. to A. E. DeMange
and John Graham 71
NORMAL.
Deed, Normal Elec. Lt. & Pwr. Co. to B. & N. Ry., E.
& H Co. . 195
Communication to town council by B. & N. Ry., E. &
H. Co., relative to subway 95
Ordinances.
general, consenting to the laying down, maintaining
and operation of a railway 48
across Beaufort street to the passenger depot 51
on First street and Fell avenue 79
on Linden, Lincoln, School, Willow, Normal ave. and
Mulberrv streets 86
•/
across Beaufort street and to the center line of First
street . . ; . 96
V
Ordinances—Continued. page
granting permission to use electricity for the opera¬
tion of cars 52
granting permission to the B. & N. Ry., to erect poles,
etc., to convey electricity for lighting purposes. ... 99
to Normal Elec. Lt. & Pwr. Co. to erect poles and
string wires for lighting and power purposes 187
to Normal Elec. Lt. & Pwr. Co., authorizing sale. . . . 193
AN ORDINANCE.
Granting to the Bloomington City Railway and its assigns, per¬
mission to lay and operate a street railv/ay track and to set
poles and suspend wires therefrom from the present terminus of
its track and circuit on North street, west of the Illinois
Central Railroad, thence east across said railroad to Beaufort
street. Thence east on Beaufort street in the center thereof to
Linden street.
Be it ordained by the Town Council of the Town of Normal.
Section 1. That permission is hereby granted to the Bloomington City
Railway to lay and operate a street railway track with neces¬
sary turnouts and switches from and connected with the present
terminus of its track on North street, west of the the Illinois
Central Railroad in the Town of Normal thence east on North
street to Beaufort , thence east on Beaufort street in the cen-
»
ter thereof to the intersection of Linden street.
Section 2. The gauge of said railway shall be four feet, eight and
one-half inches. The rails shall be steel or iron tram rails
on Beaufort street and T rails on North street - of not less
than twenty-five pounds weight to the yard - and shall be
laid on cross ties or stringers.
Section 3. Said railway shall be laid so as to conform to the exist-
ir^ level of said streets and in case the level or grade of
said streets or any of them are at any time hereafter changed,
by the proper municipal authority, said railway shall be made
to conform to such new grade or level at said railway's expense
Section 4. Said railway shall be so laid upon said streets as not in
any manner to interfere with the drainage thereof or in any
manner to unnecessarily obstruct public travel.
Section 5. In case said street or any of them are hereafter paved
1.
by the proper municipal authority, then said Bloomington City
Railway or its assigns shall pave for 3 feet 6 inches from the
center of rails of said track or tracks on said street or streets
so paved, with the same material. The same manner and at the
same time. That said street shall be paved and it shall at all
times keep said street, for 3 feet 6 inches from the center of
the track on each side in good repair. Said railway mty be oper¬
ated either by electric or animal power.
8ection 6. Said railway is herety granted permission to erect the
necessary poles not less than^ 100 feet apart and to string
thereon its feed and cross wires to enable it to use electric
motor power for the propelling of its cars.
Section 7. Said railway track to be laid and ready for the running
of cars by December 1st, 1892.
Section 8. This ordinance shall be in force from and after the filing
by the Bloomington City Railway In the office of the clerk of
the said town of Normal its unconditional acceptance in writing
of the terms thereof within ten d^ys after its passage, approval
and publication.
Section 9. Provided - the Bloomington City Railway put in a switch
or turnout, the said railway shall keep the space between the
two tracks in good repair and that the Bloomington City Railway
shall plank between the rails and track of said turnouts.
Passed September 23rd, 1892, and approved September 24th,
1892.
George Champion,
Attest: A. J. Merriman, Clerk. President.
2.
ST AT 3 Of ILLINOIS :
McLfAN COONTY : SS.
TOWN Of NORMAL :
I, S. A. Vencill, Clerk of said town, do hereby oertify
that the foregoing is a true copy of the original ordinance,
extension Bloomington City Railway, passed by the Tovn Council
of said town, at an adjourned regular meeting thereof held on
the 23rd day of September, A.D. 1892.
WITN3SS, ty hand and the seal of the said Town of Normal,
this 6th day of feby. A.D. 1902.
3. A. Vencill, Clerk,
(SiSAL) Corp. Town of Normal.
3.
Office of the Bloomington & Normal H.Railway Go.
March 27, 1867.
Resolved "by the Board of Directors of the Bloomington and
Normal Horse Railway Co. that this Comparer hereby accepts of the
provisions of the Ordinance of the City Council of the City of
Bloomington, 111. An Ordinance authorizing the locating and con¬
struction of said Railway, Approved March 26" 1867.
N. Dixon
J. A. Willson
L. Ferre
W. C. Watkins,
Directors.
(Internal Revenue )
(Stamp)
Bloomington & Normal H. Railway Co.
Bloomington, May 18, 1867.
At a Special Meeting of the Directors of said Railway Com¬
pany on motion the following Resolution was adopted.
Resolved that we accept An Ordinance passed "by the City
Council of the City of Bloomington Approved May 15, 1867, granting
privilege to said Company to run a Dummy or Tank engine in said
City North of the township line dividing towns twenty-three (23) and
twenty four (34) North of range two east of the 3rd P.M.
I certify the above to be a true copy from the minutes of said
meeting.
(Corporate seal)
J. A. Willson,
Sec'y.
AN QRDINANC3
For the Amendment of Section 4 of the ordinance, Approved
Jiine 4th,1887, for the extension of the Bloomlngton and Normal
Horse Railway Companies Line on South Main Street.
Be it ordained by the City Council of the City of B1oomington:
Section 1.
That Section 4 of the Ordinance approved June 4th,1887,
providing for the extension of the Bloomington and Normal Horse
Railway Companies Line on South Main Street be and the same is here¬
by amended by striking out the words, "except on Normal cars" in
the seventh line of said section.
Approved this 20th d$y of June A.D. 1887.
Lewis B. Thomas,
Mayor.
Attest î
R. N. 3vans,
City Clerk.
Passed June 10,1887.
Approved June 20, 1887.
Published Tuesday June 21,1887.
Council.
3 5556 038 802153
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60# book weight paper
which meets the requirements of
ANSI/NISO Z39.48-1992 (permanence of paper)
Preservation facsimile printing and binding
by
Acme Bookbinding
Charlestown, Massachusetts
2012