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Y3 IT ORDAIMUD by the 111aayor and CoLan.ei.l of the City of
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Caldwell, Idaho:
section 1. That 'the Oregon Short Lino Railroad Company,
its successors and. assigns, are hereby granted a. franchile and right
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to construct o perate aand. mint€ in a standard
7 � gauge Faslrocad track
in the alley in P'lo'ds Eighty -seven (87) and Ei hty- d eipht (08) V d.
over and across Ninth Avenue North, and Tenth 1�venue North, in the
City of Caldwell, Idaho. Tae location of the center line of said
tr ok being more particularly described as follows;
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Begin.nin. g at a point in the present spur track of the
Oregon Short Ling; Railroad Company as now located and cons tructed
E in the Alley in Block fight =y-nine (89) of the City of Caldwell, said
point being in the Northwesterly line of Ninth Avenue North, eleve
"feet
and four- tenths (11r4) 8Quthtyesterly from the Southerly c(.r ner
of said Block Eie;hty -nine (89); thence Southeasterly along a. line
which is eleven and- four- teethe (11.4) feet Southwesterly from and
parallel to the Southwesterly line- B l.oc : ic�hty -ei., ht = (80), for a
distance of four hundred one Rbi) rest; thence cont in u ing Southeaste
ly along a curve to the right with a r of five hundred seventy:-
ttwe and sixty-eight hundredths (573. feet., for a distance of
sev en.'ty-�two and fi.ve7 tent feet, tYo a point in the present
Northeaasterly right ''of my boundary of 4aaia railroad company, said
point being ninety -three and four- tenths (93.4) feet Southeasterly,
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measured along; sai Northeasterly r ight of way boundary and sixteen
(16) feet Southwesterly, measured alo the Northwesterly line of
Tenth Aven North, from the Southerly corner of Chock Ei ty l - ejght l
The location of said center line of track being more par-,
tioularly shown In yello u pon the .attached print which is hereby
made a part of this ordinance.
Section 2. Said track to be laid and maintained on the
grade of said streets and alleys 'and must conform to such grade as
, may
be now or hereafter . by the City, and the said Oreg
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Short Line Railroad Compaany end its successors o r assigns, shall
grade said track to conform substantially to the grade of said streets it
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and alleys and maintain said track in a. manner so as to enable
vehicles to pass over and across same at said Ninth Avenue North and
Tenth Avenue North.
Section 3. The City of Caldwell, its agents, officers, or
any person or persona duly authorized or Licensed by said city so to
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y r r ke ,any improvements deemed necessary by the Mayor and City
Council of said city on said streets and alleys, sewering the same
or laying gas or wrater pipes or conduits, for electric wires or other
purposes, but all such changes or improvements shall be made in such
a manner - to not substantially interfere with the practical. opera-
I tion and maintenance of said track.
' Section A. The City of Caldwell shell in no gray be liable
for any accident, damage, loss or injury that may occur in the con
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a struction and operation of the said track or by reason of the default
or negligence, or misconduct of the said grantee, the Oregon Short
f
h Line Railroad Company and its successors or assigns, or of the
employees, officers, or agents, and the acceptance of this grant and
franchise shall be deemed and 'become an agreement on the part of the
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said grantee, Oregon ;short Line Railroad Company, and its successors
f' or assigns, to save the city harmless from and against all liabilities
loss, costs, expenses, trouble and damages of every nature arising
from any default, negligence, misconduct, misfortune or in any manner
by reason of the default, negligence or misconduct of the said gran-
tee, Oregon Short Line Railroad - Company, and its successors or
assigns, or its associates, or its agents, or its employes, or, which
may :a.corue by reason of y accidonV, or injury or damage which may
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occur in, or by reason of, the construction, maintaining, or opera-
tion of the said track. lmd the said grantee, Oregon Short Line
k Railroad Company, and its successors or assigns, are to indemnify
and pay and make Good "to said cite fear any loss, coots, expense or
trouble of any kind it may sustain by reason of such default, accident
negligence, misconduct, or injury on accoun of which any judaent
shall have been recovered against said city and the recovery of said
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Judgment shall have been final as between the said ci and the said
grantee, Cox epon Tort a ine Railroad C_oMpa y, and J ,s : uccessors
or
acsi ns and conclusive as to the former, providing; the said Grantee,
OreCon. ,short j &ijT 6�d °Comp y, d its s c9e,sa s or assigns,
:al have had due notice of the suit in whioa stlid judCmea�t is
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xecovnrod aff hcz been iven an o o:rtunit
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J 1 p Yb W W `A $l .V
eotaon 5. This franchise may be accepted in writing by
the said grantee, Or it s hall be accepted at the option of the city
if the ;ua d xr ntee, its s1aecessors or assirnzq, avail thomselves of
any of the riz ht, pz or fr anchise herein troxte;d.
jeotion A. This ordinance 4hall be in force and take
effect from and after its passaGe I en d approval.
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8.3ota on 1 Y. This franchise shall extend �md oont nue for
a. period of ninety -nine (9 years from the date of the and
approval thox eof.
Passed by the Council tl
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L IV 89.
j - '.pproved by the Yayor th i,3 �t7C� , cfey of
.: .. .1✓r 19 29.
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