Elkhart approves indemnification agreement allowing railroad to clear log jams on city property

The Elkhart City Board of Works on May 20 approved a license, general release and indemnification agreement with Elkhart and Western Railroad Company LLC allowing the railroad access across city property to the Elkhart River to remove recurring log jams.

City staff said the railroad has historically removed debris from the river in this location and that the new agreement would give the railroad a two-year window to act so future clearings could proceed more quickly. City legal staff and the railroad’s legal team reviewed the document and both parties were comfortable with the terms, which require the railroad to provide two weeks’ notice before work and to obtain any permits and permissions required for the work at its own cost.

The agreement covers debris removal upstream of the railroad bridge near Yorkwood and was described by staff as a way to avoid lengthy, repeated negotiations for routine clearing. “We also request or require of them to give us 2 weeks notice, so that they're not just appearing on our property without us knowing what's going on, to remove said trees. And all of this is at their cost,” a city staff member said, explaining the revised indemnification structure.

Board members asked about public access during debris removal and whether walking paths or park areas would be blocked; city staff said the railroad typically leaves debris on the riverbank and does not block park paths and that staff would remind the railroad contractor not to obstruct public ways. The board approved the agreement by voice vote.