HomeMy WebLinkAboutORD 244ORDINANCE NO.-
AN ORDINANCE GRANTING TO THE UNITED STATES OF ARE-PICA
AND ITS ASSIGNS A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE
A DRAINTAGE PIPE THOUGH CERTAIN STREETS IN THE CITY OF CALD77ELL,
IDAHO.
Be it ordained by the Mayor and City Council of Caldwell
Idaho, as follows:
Section 1. That the United States of America and assigns
are hereby granted the riglit, privilege and franchise to construct
maintain and operate a drainage pipe of not more than three (3)
feet in diameter, upon, along and through the following streets,
in said City of Caldwell, namely:
Irving Street from the southerly side of Tenth
Avenue South to the westerly side of Paynter Avenue,
for a distance of two thousand (2000) feet.
Said pipe shall be laid in accordance with the general plan
!which has been approved by the City Engineer and placed on file
in his office, to which reference is hereby made, and shall be
'laid not less than four (4) feet below the surface of the streets
aforesaid, and shall be completely covered and the streets left
in a condition that will not obstruct travel on said streets, and
that the general plan and profile of the Dixie Drain Slough through
said City of Caldwell as approved by the City Engineer on file in
his office and hereby referred to and made a part of this ordinance
is hereby approved.
Section 2. The City of Caldwell does not assume any liability
for injury or damage to any person or property incident to or that
may arise during and in consequence of (a) the use, occupancy end
�enjoyment in accordance with this agreement by the United States
the lands, premises and streets, or (b) the construction of,
,erection of, presence, of, maintenance of, or failure to properly
and safely construct, operate and m&,intain, use and occupy, any
or all of the structures and facilities aforesaid, or any pert
thereof. And the United States agrees to use, occupy and enjoy
the lands, premises and streets of said City herein Granted and
to use, employ and maintain said structures and facilities with
411 reasonable diligence end precaution to avoid damage to or,
obstruction of the streets or injury to any person using the same.
Section 3- This ordinenoe shall be in force and take effect
from end after its passzuga and approval.
Section Ordinance No._,2,�O is hereby repealed.
Passed by the CITY COUNCIL, this--? day of l9i4.
Approved this 7 day of 19V .
Mayor
Attest
City C1erk .