893 Railroad Right-of-WayO
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0 R b I N A N C B
N o.
An ordinance granting the right of way to the Kansas and Col-
orado Pacific Railway Company to build and construct, operate and
maintain a spur line of its Railway on Elm and Fourth Streetsi
the ci ty o f Sal ina, Kan sas . 4ti�
Be it ordained by the Mayor and Council -men of the city of
Salina,
Section I
The right of way is hereby granted to the Kansas and
Colorado Pacific Railway Company its successors and assigns, to
construct, operate ana maintain a spur to its railway upon and
along the south side of Elm Street in said"city, from a point
10 feet east of the point where the said Elm Street intersects
with the east side of Santa Fe Avenue, which said spur shall be
of standard gauge, and shall be „built and constructed along the
south side of said Elm Street, the center line of said spur to
be eight feet from the south line of said Elm Street, from said
point aforesaid to a point about: five hundred ana twenty feet
east from said point of commsncement, thence. in a south easterly
direction in a curve line along and across Fourth Street to a
point where the same can'form an intersection with -the lira of
said 'railway as the "same is now built east of and parallel with
the east line of said Fourth Street, at a point ab out two hun-
dred feet south of the point where the south line of Elm Street
intersects the last named line of Railway.
Section 2
That said spur shall be constructed and maintained at the
established grade in all streets and alleys.
41
Section 3
That said Railway Company shall construct and maintain
suitable crossings over said spur at all street and alley cross-
ings; and also proper culverts and water ways along and across
said spur thenev er and wherever required by the Mayor and council-
men of the said city of Salina, said crossings, culverts, and wa-
ter ways, shall be constructed and maintained under the supervis-
ion of and in accordance with the directions of the city engineer
of the said city of Sal ina.
Section 4
The right of way, ana the use of the streets and alleys
described, and upon which the spur hereby authorized to be con-
structed shall be built, shall remain and vest in said Railway
Company, its successors and assigns, so long as the same shall be
used as aforesaid for the purpose of constructing a spur for
said Rai lw ay, and subject to all rules, ordinances, and regula-
tions, made by the Mayor and councilmen of the said city of
Salina, in the exercise of the lawful powers of the said city,
Provided however, that the said city shall at all times have the
right to make provisions for other Railways, or street Railways
to cross the said spur, and to provide for other' -streets and alp
leys than those now in existence to cross the said spur without be-
ing required to pay damages therefor.
Section 5
This ordinance and the grant hereby made is upon these ex-
press conditions, that the said spur shall be constructed com-
pleted ana in operation within sixty days from the passage of
this ordinance, and that the said Railway Compariy will aeliver
free of switching charged any carload lots of freight received by
it for transportation to the said city of Salina, on the said spur
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for the purpose �of being unloaded, at the request of the consignee
of such freight, and will further deliver on sant spur any car-
load lots of freight received in the said city of Salina by any of
the other railroads running into, the said city, for the purpose of
being unloaded, at the request of the consignee thereof upon pay-
ment by the said consignee of tree usual switching charges for like
services and shall also set in - and upon said spur empty cars of
its own or of that of other roads in like manner and for like
charges, for the purpose of beim loaded in the said city, when
requested so to do by the party intending to ship such freight,
and in case the said Railroad Company. shall fail, neglect or re-
fuse tc) build, and construct said spur within said time or shall
fail, neglect or refuse to comply with any of .the other provi-
sions of this section, then and in that event all rights hereby
granted shall revert to and revest in the said city of Salina,
Kansas , `a -w, 6'. -� �✓�� 72� ���
See ti on.
This ordinance shall take effect and be in force from and
after its publication once in the Salina Daily Republican Journal
published in the said city of Salina.
Approved, ccs % 1-1