HomeMy WebLinkAboutORD 229No
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AF ORDINAYCE GRM-ITING TO THE IDAHO - A11P FOWEP C o .
cz
FRANCHISE TO CONSTRUCT AFT, lAlYTAIN A RAILPOJA TRACY FOR .,WlTCH+
JFG rURPOSES Dr. At7P_ OVER .4 CLR ALLEY IF THE CITY OF CiX)WLLL,
I'DA
BE IT CPPAIYE!` 'RY THE T'j�' L Cl' :on i�'PT) CCUKCIL OF Th Y Ci�LDWLLL:
That th e IDAHO RAILWi LIGHT ANT) POEMP Cc. is he re by
granted the right and is authorized to construct maintain and
pperate a switch track on and over that certain alley in the City
of Caldwell ,lying between the Oregon Short Line Right of Iffay and
E'ilbary street,fror third avenue to ndrth avenue for switching
purpoqes,for the tern of fifty years after the passage alle appro-
val of tills crdinance and acceptanoo by said CompanY,whic'.1 accep-
tance n1r_,,ll be in writing and filed with the Cit CIGrk,Unl0ss
said Ccmpar� with the terris and
y fails cy° refllsc to COT-1
ticns thereof.
SECTIU 2. Such track shall be constructed upon grade establishnO
by and under the supervision of the City Engineer of said City at
the expense of said Company,it shall be laid upon a good founda-
tion and the surface of t1he rails shall be even with the surface
of the alley,which rails and other material used in the constru-
ction of such track shall be same as used by said company for
switches in other part-- of said City.
SLCTIOF 3. Whenever the City of Caldwell shall change the grade
of said alley or ary part thereof upon which such track is con-
structed,svid Company shall raise or lower their track so as to
ccnforn to such charge or grade ,the expense of which charge shall
be born by svid Company.
SECTION 4. Said Company is required tc keel) in good repair the
space between the rails of said track and. to the 4f istence of two
feet outside of each rail so as to not interfere with travel over
same and whenever that portion upon vihich such track is located
is to be paved or impreved in v.ny way,said Company must pay for
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such paving or other iriprcvements; tc the extent of the space be-
tween the rails of such track anb two feet or. the outside thereof.
Such portion of said alley may be paved or otherwise improved by
the City ir a suitable rremner,in the opinion of the T and
Courcil,and shell charge the same to said Company.
2ECT10N 5. The City shall and does hereby reserve the right to
take up and remove such track when it shall be necessary for the
repair or improvement of said alley or any part thereof" or for
the purpose of laying pipe or sewer or for other public purpose,
which repairs and improvemerts shall be made by the City Vithout
unreasonable delay and said track replaced..
6. it shall be the duty of said Company to repair any and
all dame.ges done t said alley or ary curb or other property by
the construction or repair of such track and to protect and save
hz;.m.less said City against cla ims of damage arising from the con-
struction of such trE and from the operation of trains,cars and
trucks running on or over wane.
SECTiCN 7. Charges for switching cars onto or over sv.ic' track
shall not exceed OVE DOLLAR for each car so switched.
SEMOT :.�. .1 y B. Thic franchise may at any time be revoked by the
.. _1_
layer and Council of said City,prr,� said Company does not
f aithfully perform arid. comply with eve agreement and provision
herein conteined to be perforr.qed or coriplied with by said Company,
vV, ;�O e,
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Agrov aycr this
- ay cvdig� 1910
1 ayor.
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