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Home My WebLink AboutORD 460BILL NO 25. ORDINANCE 90. 464. By McOunnell. -U-0-0- MMM-M All ORDIIIA-14CE GiWiTING A FIL TO TAE OiZIGOH SHORT LIKE RAILROAD 0014PAWY1 A CORPORATION, OVER AND AMOSS CERTAIN STIMTS IN THE CITY OF CALDWELL, IDAHO, FOR IAIE PURPOSE OF mAINTAINING AND OMUTING A STANDARD GAUGE RAILWAY OPER&JTED BY STEA11 OR OTHER MOTIVZ; PO'-,V-PR. Be it Ordained by tile j and Council Of the City of Caldwell, Idaho: Section 1. That the Oregon Short Line Railroad Com- pany, a corporation, and its assigns, are granted the ZiE h*G, priv and frkinchiBe to 0011stguo-' maintain and operate a line of standard 6uutie MilwUY to 'ue: operated by steam Or other motive poser, tog etheil :with the n0ceGsarY tracks, switches, sidetracks, ai)a turn along and u the f01 streets o f t1 Qjty of Ct Idaho, ZO B eg i ll1l i ng , L t & point lihare the line leaves the Cupp Addition, thence across Paynter Avenue and upon and alang the soutil side of Aven Street, with the center line of said truck t ell foot fru4j the south side of oaia street and across the tiltarsectiU6 atreets and Ucross 11"ill Street alla "hire" Avenue to tile point where the line reaches the righ-t-of-WaY Of 6"Id Oregon SiiorG Line ! ,ilroau OompLu'Y. Toge'v with 'the right to erect 8110 Poles Wit % or other signailing devices as r: be necessary for the safe and convenient operation Of said line Of railroad b y such raot U . e Ll j?Q14e WILL mathod, of operat"6un UG May ra ployed, provided that such signal devises ejj& lo t b placed so z to inzarfero with tra nor plboad north of the 00 "struc ted curb line All tracks aze t U laid and rdairltained on tile grade of t1ju street and must conform to such grade as may be -1 now or hereaf ze;: eatablishecx by the city, and the said grantee Oregu Short Line Railroad Compauy, and its assigns, shall grade said trucks to ounfo= Substantially to the grade Of Said Street, a at street intersections to grade said street and maintain said track in a manner so as to enable vehicles to pass Over and across the sable. The center line Of tilt riKht-Of-WUY Or easement here by dralizod sand the center line between the trucks over the st Shull conform with the line ton feet north from the south side of the street, except SO far as deviations may be necessary at curves, switches, ana turn-outs, when the sw"G' shall be placed and located Undo r. the direction and Guger- vision of they engineer of said city. All trUCkS Shall be laid uquoll good foundation alld tilt, surface of the rails shall be even with the surface of the 2:ojt and the rails shall Ue O .p f orj'U U11ji ljoigilt su itabl e f or I)Lv street of the 11, v 1.1en't decided upon by the city and sil, be as are approved by the jj " City Council of Said city. , X1 10 ljurt ,i o f A von Street over which this franchise or easorion is granted Shall at all points expept atree't inter- sections, be separated from the balunce of said street lying to the north thereof by a curb and gutter not closer than seven and five tallths feet from celi lift, Op' track, to be constructed by tile City (if Ual(kaell at the of said grantee'. S 2. This franchise is grailthou in rallOW"l &Ila uxtenaian of Urdiliallce 96 as BUIRIPIOMKIted by U 1d0 112 and Ordinance 131 grantinK to the Sul' F rancisc o, 1da & Aijont,, Railway Company a franchist-, to construct, maintain and of - Jera"Je a railroad track ikoun the loc hereinbefore des- cribed and transferring, the same to the Oregon Short Line xiailroad Company as GucceuOOr thereto, ar.d the rautual -2- obligations Herein expressed are intended to create a contract sifostitutingT the rie lts and liabilities herein expressea in place of those wlliotini at tile (late Of the PassagO Of this Ilis A the Uity of Caldwall hereby agrees to furnish v to the said OreWn Short Line Railroad Comp any in place and in tine for the re-location of its said line of railroad within the area hereinbefora described, a sufficial.1t W'Ount Of earth, ,r j)xceadin- four hundred (400) out)ic yards, to construct said line of railroad to grade upon the location hereinbefore des- cribed. In cunaiLteration of the reneival arks extelwion of the ewuve franchise Urla tile furllishinta of tile grading rdaterial here- in provided, tile said grantee, ill addition to "whO P of the cost of curbing hereilibafOze provided, shail, within one hundred (loo) drays fxomthe date of the passage and approval of this urdim_"Allce, shift or reconstruct its said line of rail- road from its Proo✓nt location to the location hereinbefoxe dosa:i�ibud. Sec. 3. vuthinjy in this o2dini;,Ilce sha'll be 80 0011- atruaki L13 to €;ivu � e said I Ace and its a3signs ally th 41 privilegt or franchises except "1114t is necessary for t layllit'; " Lla i ll t a il l ing of its said trucks Oil Gaid Btreat WId tine; o pera,tion of said ruill(LLY. Sao. 4. The City of Caldaeil, its agents, Officers, or ally person or persons duly authorized Or licenuea by said city so to do, may ma ally i deemed neceo3ary by tine j anci Cit C of s city on said street, ae%fur- i116 ;ha 1JULia 0:0 f Oz water pipua or conduit - 8 f01: e � j i xaa o r other purpouea, but all such chwl6'co or im- -i n ar S to no I Osta .0 1( sjja .Ll be ra,,de in such a r. a n t s;C interfere; -., the practical Operation and maintenance of said J line of railway. Sec. J, •hat in the construction., maintenance and O p era ,ti ol l Of said railway the said grantee and its assigns shall at all times conform to such reasonable ordinances, rules and regulations as may have been or may hereafter be adopted by the Ilt•yu-" and City Council Of s city and for a violation thereof shall be liable to a fine not exceeding one hundred W-LOU. 00) dollars. p S. rh City of C shall in no way be liable for any accidell dawak loss or injury that may occur in til(i cunatruution wad operation Of the said railway or by reason of the defLult or nagiigenco,or Yrdsconcluct Of the said gran-zee, tile Uragon Short Line i - .Ilroad Company aad its assigns" or o f ti erI) officers, or agents, L.nd the acceptance of this grant wild franchise shall be demlied and becorie an agroemeiit tile pa2t of the Said grantee, U2egoll shu):t Lille kiailrot�a Com- p4ily, alLLi its assigns, to Gave t1,0 city h froze will agtAnst all liabilities, loss, costs, expenses, trouble and dalla6es Of every nature urI81116 from any default, negligence, mis=lduct, misfu:Ttune or iil auy munner by reason of the default, nup.,%Ligence or misconduct of the said grant Oregon Short Line Rhilroad C pwjly vjI it a3 sigIls, or its associates, or its agents., Or it ez , l ploy e e u , or gilich., may accrue by reason of "ny •cciaellt, or i n j ury or OLa m a ge tjotlacil may occur in, or by reason Of, the or oporatiol of the said railWaY3, And the said grantee, Oregon Short Line hailroaa Company, and its wss'L L k L LI s .L.;nw, axe to incLey'Alli ELI'Ll PELY alld YAW 1 9OU to id city : 'j.11y l oss, cos ex pen s e Or trouL)ie of any kind it may sustain by reason of such default, acciciellt, negligence, misconduct, or injury oil account Of Which any Judgment shall have boon recovered against said city and the recovery of said jud,girient shall have been final us between t1aa said city and -4- • the said grantee, Oregon Short Line Railroad Coripaily, and iGs assigns una conciusive t to the former, providing the said , UrOgUll :short Line RLilroad Company, and its agsif;IU3, nave due notice of the suit in �diioh said judgmelit is recovered and has been given an opportunity � o defend the swae. See. 7. This franchise may be accepted in nriting by the said grantee, or it shail be accepted at the option of the city if the said grantee, its successors or assigns, avail themselves of any of the rights, privileges, or franchise herein granted. Sec. 8. `Phis ordinance shall be in force and take effect from and after its Passage alLa ap Sec. J. ' This franchise shall extend and continue for a period of ninety-nine (99) yea from the date of the paseag and appzuval thereof. Pas,,;ea by the Council lullis 24th day of Decerwer, A. D. 192 b. A. D. 19ii b. Approved by the Dlayor. this Stith day of Decemoer, City Clerk. ��'�a,yor, ___ 9 41� SM