1769 Railroad AgreementORDINANCE NO. 1769.
An ordinance authorizing the mayor and clerk to execute, on be-
half of the. City of Salina, a certain contract between said City and The
Chicago, Rock Island and Pacific Railway Company and the Missouri Pac-
ific Railway Company, hereinafter fully set forth and ratifklhg and con-
firming the action of said mayor and clerk in signing said contract and
affixing the corporate seal of said City thereto.
Be it ordained by the Mayor and Councilmen of the City of Salina:
Section 1. That the Mayor of Salina, Kansas, is hereby authorized
to sign, on behalf of said city, and the City Clerk is hereby authorized
to attest, and attach the corporate seal of said city. on behalf of
said city, the following contract, viz:
This agreement, made and entered into in triplicate the first day
of June, 1914, by and between the Chicago, Rock Island and Pacific Rail-
way Company, a corporation of the State of Illinois, hereinafter term-
ed Chicago Company, party of the first part, The Missouri Pacific Rail-
way Company, a consolidated corporation of the States of Missouri' Kan-
sas and Nebraska, hereinafter termed Pacific Company, party of the second
part, and the City of Salina, a municipal corporation of the State of
Kansas, situate in Saline county, Kansas, hereinafter termed City, par-
ty of the third part:
WITNESSETH, That, Whereas, as one of the considerations, running
from the City to the Chicago Company and the Pacific Company, for an
agreement to be entered into by and between the Union Pacific Railroad
Company, The Atchison Topeka and Santa Fe Railway Company, The Chicago,
Rock Island and Pacific Railway Company, and The Missouri Pacif Railway
Company, covering the location, construction, maintenance and operation
of a Union Passenger Depot, together with certain appurtenances thereto
belonging, in the City of Salina, Saline County, Kansas, the City agrees
to provide the Chicago Company and the Pacific Company with, and the
Chidago Company and the Pacific Company, severally, agree to accept,
certain right-of-way necessary to be had to permit the Chicago Company
and the Pacific Company, severally, properly to serve said Union Pas-
senger Depot; and,
Whereas, it is mutually desired formally to set forth said right
of -way by description,or otherwise, and, also, the terms and conditions
upon and under which said right-of-way shall be provided by the City and
accepted by the Chicago Company and the Pacific Company, severally;
Now, Therefore, for and in consideration of the premises, as well
as the keepong by each of the parties hereto of all and singular its
covenants and agreements hereinafter set forth, it is hereby agreed,
by and between the Pacific Company and the Chicago Company, severally,
and the City, as follows, to -wit:
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1. The City, within three (3) months next following the date of
this agreement, shall convey, or cause to be conveyed, to each, the
Pacific Company, its lessees, successorsand legal assigns, and the Chi-
cago Company, its lessees, successors and legal assigns, by deed of re-
lease and quit claim, and the Pacific Company and the Chicago Company,
severally, each shall receive and accept from the City, an undivided
one-half (1/2) interest in the following described parcel of land, to -wit:
Beginning at a point inthe east line of Fourteenth (Phillips)
street, City of Salina, Saline county, Kansas, said point being twenty-
four (24) feet north of the intersection of the east line of Fourteenth
(Phillips) street with the original mortherly line of the right-of-way
of The Missouri Pacific Railway Company; thence in a northeasterly di-
rection (on a curve with a radius of three thousand seven hundred eighty-
two (3,782) feet) three hundred thirty-fmur and eight -tenths (334.8)
feet, to a point in the west line of Thirteenth street, said point being
fourteen and three -tenths (14.3) feet due north of the mortherly line of
said original right-of-way; thence north along said west line of Thirt-
eenth street three and five -tenths (3.5) feet; thence in a southwesterly
direction (on a curve with a radius of two thousand eight hundred thirty
(2,830) feet) three hundred thirty-four and three -tenths (334.3) feet to
the east line of Fourteenth (Phillips) street; thence south along the
east line of said street six and nine -tenths (6.9) feet to the place of
beginning.
2. This agreement shall inure to the benefit of and be binding
upon the lessees, successors and legal assigns of each of the parties
hereto, and shall become effective with June 10th, 1914, and, thereafter,
be and continue in full force and effect so long as either the Pacific
Company, its lessee, successors or legal assings, or the Chicago Com-
pany, its lessees, successors or legal assigns, shall operate any rail-
road into said City of Salina; Provided, however, that the execution
and attesting, on behalf of the City, of this agreement by the City's
Mayor and City Clerk, and the affixing of the City's seal thereto, as
well, shall first be duly authorized, ratified and confirmed by a legal-
ly binding ordinance duly passed and approved by and on behalf of the
City in due form as by law prescribed, and said ordinance shall contain
and set forth in due form and manner, an exact copy of the words and
figures in this agreement contained.
In Witness Whereof, each of the parties hereto has caused its
corporate name hereunto to be subscribed and its corporate seal hereto
to be affixed and duly attested by its respective officers duly author-
ized so to do the day and year first above written.
Sec. 2. That the action of the Mayor in signing and the clerk in
attesting and attaching the corporate seal of said city to said contract,
as authorized by section one hereof, is hereby ratified and confirmed
on behalf of said city of Salina*
Sec. 3. This ordinance shall take effect and be in force from
and after its publication once in the Salina Evening Journal.
Passed and approved June lst, 1914.
- V. E. Niguette,
Mayor.
(SEAL)
Attest:
Chas. E. Banker,
City Clerk_.',,
STATE OF KANSAS ) -
SS. .
COUNTY OF SALINE )
I hereby certify that the above and foregoing is a
true and correct copy of an ordinance passed by the Council and approved
by the Mayor of the City of Salina, June 1st, 1914; and a record of the
vote on its final adoption is found on page-�`�f of Journal No. 8.
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City Clerk.
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