HomeMy WebLinkAboutORD 239W 2 '!��
e� AN ORDINANCE GRANTING TO THE OREGON STiORT LINE
y RAILROAD COMPANY A FRANMHISE TO C07ST AND HTAINTAIN
` A RAILROAD TRACK FOR SWITCHING PURPOSES ON AND OVER A
CERTAIN ALLEY I3J THE CITY OF CALD IDAHO.
Be it ordained by the Mayor and Council of the City of Caldwell:
Section 1. That the Oregon Short Line Railroad Company
is hereby granted 'she right and is authorized to construct,
maintain and operate a switch track on and over that certain
alley in the Citl of Caldwell, lying between the Oregon Short
Line Right of flay and Plain Street, from the intersection of
the Wilder Branch of said Oregon Short Line Railroad Company
and said alley to the inner line of the sidewalk on the
north side of Fourth Avenue, for switching purposes, for
the term of fifty years after the passage and approval of
this ordinance and the acceptance theredf by said Company,
which acceptance shall be in 11";riting andfiled with. the City Clerk.
Section 2, Such track shall be constructed upon such
grade as shall be established by and under the supervision
of the City Engineer of said City at the expense of the -,yid
Company, it shall be laid upon a Irood foundation and the
surface of the rails shall be even with the :surface of the
alley; PROVIDED FURTTIER that such track shall be constructed
in such a manner as not to interfere in any way with the
use of the manhole connected 1,vith the sewer in said alley.
Section 3. VIlienever the City of Caldwell shall change
the grade of said alley or any part thereof.upon which such
track is constructed, said Company shall raise or lower their
track so as to conform to such grade, the expense of which
change shall be borne by said Company.
Section 4. Said Company is required to keep
in good repair the space between the rails of said
track and to the dist.arce of two feet outside of each
rail ^o as riot to interfere with travel over same and
whenever that portion upon which such track is located
is to be paved or unproved in any way, said Company must
pad* for such paving or other improvemornts to the extent
of the space between the rails of such track and two
feet on the o thereof. Such portion of said
alley may be paved or :otherwise improved by the City
and the same charF7ed to the Company.
SECTION 5, The City hereby reserves the right
to take up and re..,iove such track when i t, shall be
necessary for the repair or improvea nt of said alloy
or any part thereof or for the purpose of laying pipe
or sowor or for other public purpose, whic!, repairs
and: improve.�ents shall be ,nade by the City without
unreasonable delay and maid track repla.cvd.
Section o. It shall be the duty of said Company
to repair any And all damages done to :aid alley or
any property b the construction or -L -, °)air of such trac'
and to protect and PvrtOn harmless %aid City a�ai.nst all
claims of damage arisinf, From the construction of such '.racl:
and fro;n th^ onerati.on of trains, cars and tracks running
on or over the same,
Section 7. This franchise may at any time be revoked
by the P,.ayor and Council of said City, p,ro«i -dine ^aid
Comma ^y does not faithfully perfor;r, and comply with every
agreement and ppovtsior. herein contained to be performed
or complied with by said Company.
Section 8. This franchise shall be of no
force or effect unless acceptance in writing be
filed by said Frantee on or bofni July'.I. 1914,
and the '.rac completed within a reasoaable time
thereafter,
a R So d b IT the r, ()') nc I I t: -Iis day of Play, 1914.
ApproveLi by the 1.'.iyor tl'iis of iday 1914.
A ttcF, t: -
Cj.ty Clork..
CL-7