Ordinance authorizing the construction of a lake shore drive in the north division of the city of Chicago. [Passed June 11, 1868.] Be it ordained by the Common Council of the city of Chicago: 1. BOARD OF PUBLIC WORKS TO MARK OUT A DRIVE.] SECTION 1. That the board of public works of the city of Chicago cause to be surveyed, and properly and sufficiently marked and defined, through and over the grounds belonging to the city of Chicago, north of the Chicago river and bordering on the lake, including the ground known as the city cemetery, as well as the ground belonging to the city and lying beyond the city limits, a roadway or street, two hundred feet in width, the east line of the same to be two hundred feet from the lake shore; and that they cause a plat of the same to be made and kept among the records of the said board. 2. TO BE A PUBLIC ROAD.] SEC. 2. Said street or roadway shall forever remain and be a public road or street of the city of Chicago, subject at all times to all such rules and regulations, as well in regard to its use as otherwise, as the common council of the city of Chicago, or other proper authority, shall from, time to time, make in reference to the same. 3. TO CONDEMN AND OPEN STREET TO CONNECT.] SEC. 3. The board of public works are hereby directed to cause to be made the necessary survey for, and an estimate of the cost and expense of the condemnation of a strip of land, for the purposes of a street or road, two hundred feet in width, along the lake shore, from the intersection of Pine street with the north line of Whitney street to the point where the east line of the southeast quarter of section thirty-three, township forty, range fourteen, dividing said section thirty-three from fractional section thirty-four, strikes the lake said survey to be so made that the eastern line of said survey shall be east of the east line or boundary of any and all lots fronting on the lake-except at the north end of the said survey, the same shall be deflected or turned westward as the board of public works shall determine, so that the east and west lines of the said roadway, provided for in this section, shall unite with and join the east and west lines of the public road provided for in sections one (1) and two (2) of this ordinance. 1. OBJECT OF CORPORATION - DIRECTORS AND OFFICERS STOCKNAME.] The undersigned, in pursuance of the provisions of an act of the general assembly of the state of Illinois, entitled "An act to provide for constructing, maintaining and keeping in repair, plank, gravel or macadamized roads or pikes, by a general law," approved February 21. 1859, hereby certify and declare their intention to construct, maintain and keep in repair a gravel or macadamized road, commencing at some convenient point on the shore of Lake Michigan, within the limits of the north division of the city of Chicago, county of Cook and state of Illinois, and running along the said shore, as near to the water as practicable and convenient, to the north line of the township of Lake View in said county of Cook; and we hereby further certify and declare, that for this purpose we have elected Uranus H. Crosby, William C. Goudy, Timothy S. Fitch, and Samuel H. Kerfoot, as directors in the corporation hereby created, to hold their office for the term of one year, or until such time as may hereafter be determined, according to the rules and by-laws of the said corporation, and until their successors are elected and enter upon their duties, and that we have elected the said Crosby to be the president of said corporation, and William B. Howard as secretary of the same. We do further certify and declare, that the capital stock of said corporation shall be one hundred and fifty thousand dollars until increased under the provisions of said act, or otherwise, which shall be divided into shares of one hundred dollars each; and we do assume and certify the corporate name of ourselves and associates who may hereafter become holders of the capital stock aforesaid, to be "The Lake View Avenue Company." In testimony whereof, we have hereunto subscribed our names this 30th day of December, A. D. 1864. U. H. CROSBY. W. C. GOUDY. T. S. FITCH. WM. B. HOWARD. I hereby certify the foregoing to be a correct copy of a certificate of organization filed in my office the 16th day of January, A. D. 1865. Witness my hand and official seal this 17th day of January, A. D. 1865. An act to amend the charter of "The Lake View Avenue Company." [Approved February 16, 1865.] 2. PREAMBLE RECITING ORGANIZATION.] WHEREAS: "The Lake View Avenue Company" has been organized under and according to the provisions of an act entitled "An act to provide for constructing, maintaining and keeping in repair, plank, gravel or macadamized roads or pikes, by a general law," approved February 21st, 1859, for the purpose of constructing, maintaining and keeping in repair a gravel or macadamized road in the county of Cook therefore, 3. ADDITIONAL POWERS AS TO REALTY, BY-LAWS AND INVESTMENTS.] SECTION 1. Be it enacted by the People of the state of Illinois, represented in the General Assembly, that said corporation, in addition to its powers under said general law, be and is hereby authorized to take and hold by purchase, gift, grant or devise, real estate, not exceeding at any one time in value the sum of one hundred and fifty thousand dollars ($150,000), and to sell and convey the same, and to make and establish such by-laws and regulations in regard to the duties of its officers and agents, the use of its road and property, and the investments of its profits and funds, as are not inconsistent with the constitution of the state of Illinois or of the United States. 4. COMMON COUNCIL TO FIX TOLLS AND RESTRAIN BY PENALTIES.] SEC. 2. The common council of the city of Chicago may fix and determine, by contract with said company, the rates of toll to be received by said corporation within the limits of said city, but the rates either within or without the said limits shall not exceed the following, to wit: For each horse, one cent and a half per mile; for each vehicle drawn by one horse, the same rate; and for each vehicle drawn by two or more horses, two and a half cents per mile. And the common council of said city may provide by ordinance against the charge and receipt of greater rates within said city, and enforce the same by adequate penalties against said corporation, its officers or agents. 5. ACT PUBLIC.] SEC. 3. This act shall be deemed a public act, and shall take effect and be in force from and after its passage. An ordinance concerning the right of way of the Lake View Avenue Com pany. [Passed October 5, 1865.] 6. PREAMBLE.] WHEREAS: The Lake View Avenue Company, by virtue of a general act of the legislature. approved February 21, 1859, and also a special act, approved February 16, 1865, have acquired a right to condemn for roadway purposes, for a period of thirty years, commencing December 30, 1864, a strip of land one hundred feet in width, along the shore of Lake Michigan, in the north division of the city of Chicago, and the town of Lake View; and, whereas, it is considered necessary, in order to make such roadway available, that said roadway should be increased fifty feet in width; and, whereas, said roadway, as now located, passes over lands owned by the city of Chicago; therefore, Be it ordained by the Common Council of the city of Chicago: 7. RIGHT OF WAY GRANTED.] SECTION 1. That the right of way be, and is hereby, granted to the Lake View Avenue Company over the property of the city of Chicago, one hundred and fifty feet wide, next and adjacent to the present high water mark of Lake Michigan, commencing at the south line of the grounds now used as the Chicago city cemetery, North avenue, and running thence along the shore of Lake Michigan to Asylum place, and commencing again at Fullerton avenue, and running thence along said shore to the north line of the southeast quarter of section twenty-eight (28) in township forty (40) north of range fourteen (14) east of the third principal meridian. 8. CONDITIONS OF GRANT.] SEC. 2. The foregoing grant is made upon the express conditions named in this and the following sections: That the said Lake View Avenue Company shall, on or before the first day of August, A. D. 1866, make and complete, in good order, a road across said property at least fifty feet wide, and shall finish and improve the ground for the full width hereby granted within one year thereafter. 9. ONLY ONE TOLL-GATE WITHIN CITY.] SEC. 3. Said Lake View Avenue Company shall not erect any toll-gate south of Schiller street, or the street now known and designated by that name, nor shall said company erect or maintain more than one toll-gate within the corporate limits of the city of Chicago. 10. BOARD OF PUBLIC WORKS TO APPROVE ROAD.] SEC. 4. That all improvements of said roadway or avenue, which are made on grounds not actually used as a road bed or passage way for carriages, etc., which are made between North avenue and Asylum place, shall be first approved by the board of public works, or such board or person or persons as shall, by virtue of any law or ordinance now or hereafter in force, have charge of the Chicago city cemetery and Lincoln Park. 11. NOT TO OBSTRUCT CROSS STREETS.] SEC. 5. Said road shall be so constructed as not to interfere with the passage on, to or across such road or avenue from any street or streets which now are or may hereafter be laid out and opened to the water line of said Lake Michigan, or the line of said avenue. 12. ROAD IN REPAIR-RIGHT OF RE-ENTRY.] SEC. 6. That said company shall keep said road or avenue in good repair and condition at their own expense, and if at any time said road or avenue shall be abandoned by said company, or suffered to become so out of repair as not to be safe for the passage of teams or carriages over and upon it, the said city shall have the right to enter upon said road, or so much thereof as may be in the city of Chicago, and declare the same a public highway, the same as other streets and avenues in said city. 13. TERM OF FRANCHISE.] SEC. 7. That at the end of thirty years from the thirtieth (30th) day of December, A. D. 1864, so much of said road or avenue as shall then be in the corporate limits of the city of Chicago shall become a public street or avenue, and all toll-gates shall be removed therefrom. 14. TOLLS LIMITED.] SEC. 8. Said company shall have the right to charge tolls at the rate named in their amended charter, approved February 16, 1865, and no more. 15. WHEN IN FORCE.] SEC. 9. This ordinance shall be in force from and after its passage and due publication. Ordinance repealing an ordinance concerning the right of way of the Lake View Avenue Company. [Passed January 28, 1867.] 16. PREAMBLE.] WHEREAS: On the 5th day of October, 1865, an ordinance was passed by the common council of the city of Chicago, granting to "The Lake View Avenue Company" the right of way one hundred and fifty feet wide next and adjacent to the present high water mark of Lake Michigan, commencing at the south line of the grounds used and known as the Chicago city cemetery, on North avenue, and running thence along the shore of Lake Michigan to Asylum place, and commencing at Fullerton avenue and running along said shore to the north line of the S. E. 1, Sec. 28, T. 40, N. R. 14, E. of the 3d p. m., upon certain conditions named in said ordinance; that one of the conditions of said ordinance was that the said Lake View Avenue Company should on or before the first day of August, 1866, make and complete in good order a road across said property at least fifty feet wide, and, WHEREAS: Said Lake View Avenue Company has failed and neglected to comply with the provisions aforesaid, and has also failed and neglected to comply with the other provisions of the said ordinance; therefore, Be it ordained by the Common Council of the city of Chicago: 17. REPEALS RIGHT OF WAY.] SECTION 1. That the said ordinance entitled "An ordinance concerning the right of way of the Lake View Avenue Company," passed October 5, 1865, be and the same is hereby repealed. 18. WHEN IN FORCE.] SEC. 2. This ordinance shall take effect and be in force from and after due publication thereof. |