Loading...
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