HomeMy WebLinkAboutORD 217ORDINANCE No.24—
AN ORDINAKOF GRANTING To THE OREGON SHORT LINE RAILWAY COMPANY A
FRANCHISE TO CON AND MAINTAIN A RAILROAD TRAOX FO
,R SWITCHING AND
OTHER PURPOSES ON AND OVER A CERTAIN ALLEY IN THR CITY OF CALDWELL IDAHO.
BF IT ORDAINED BY THE MTAYOR AND 'COUNCIL OF THE, CITY OF CALDWELL:
SF�!TION I. That the OreSon Short Line Railway Company is hereby granted
the right and is authorized to construct,maintain and operate a switch
track on and over that certain alley in the City of Caldwell.lying betw-
egn the Oregon Short Line Right of Way and Albany street Third Z%1ZZZ'
XNTXX1JXX1KXXXXXVUX avenue to Ninth avenue, for switching and other purpose
for term of fifty years after the passage and approval of'this ordinan-
ce and acceptance by said.Company which acceptance shall be in writing and
filed with the 'City Clerk unless said Company fails or refuses to comply
with the terms and conditions thereof.
SECTION 2. Such track shall be constructed upon grade established by and
under the supervision of the City Engineer of said City at the expense of
said "ompany,it shall be laid upon a good foundation and the surface of
the rails shall be even with the surface of the alley,which rails and ot-
her material used in the construction of such track shall be same as used
by said Company for switches in other parts of said City.
SECTION 3. Whenever the City of Caldwell shall charge the grade oll�." sa id
alley or any part - th9reof upon which such track is constructed said Com-
pary shall raise or lower their track so as to conform to such change or
grade,the expense of which change shall be born by said Company.
SECTION 4. Said Company is required to keeps in good repair the space be-
:
tween the rails of said track and to the distence of tip' feet outside of
each rail so as to not interGere with travel over same and whenever that
port upon which such track is located,is to be paved or improved in any
way,said Company must pay for such paving or other improvements to the
extent of the space between the rails of such track and two feet on the
outside thereof. Such portion of said alley may be paved or otherwise im-
proved by the City in a suitable manner* ir. the opinion of the Mayor and
Councilp&nd shall charge the same to said Company.
SFCTTON,5. The City shall and does h9raby reserve the right to take up
and such track when it shall be necessary for the repair or impro-
vement of said alley or any part thereof or for the purpose of laying pipe
or sewar or for other public purpose which repairs and improvements shall
be made by the City without unreasonable delay.
SECTION 6, It shall be the dtLty of sai� Company to repair any and all
E damages done to said alley or any curb or other property by the constru-
ction or repair of such track and to protect and save harmless said. City
against claims of damage arising from the construction of"suob track and
from the operation of trains,oars and trucks running over same.
SECTION 7. This franchise may at any time be revoked by the Mayor and
Council of said City providing said Company does not faithfully perform
and comply with every agreement and provision herein contained to be per-
formed or complied with by said Company.
Passed the ^ity Courall this / of 1912*
Clerk.
Approved this /day of
1912.
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