738 Railroad Right-of-Way11
ORDINANCE NO. -�I
AN ORDINANCE GRANTING THE RIGHT OF WAY TO THE CHICAGO KANSAS
AND WESTERN RAILROAD COMPAN-Y FOR A SWITCH OR SPUR TRACK OVER AND
ALONG CERTAIN STREETS IN THE CITY OF SALINA KANSAS.
BE IT ORDAINED BY THE MAYOR AOD COUNCILMEN OF THE CITY OF
SALINA, KANSAS:
SECTION 16 THAT THE BE AND IS HEREBY GRANTED TO THE CHICAGO
T,AI-.SAS AND WESTERN RAII:ROAD COMPANY,THE RIGPT TO CONSTRUCT OPERATF. ,
ASID'MAINTAIN A SWITCH OR SPUR FROM A POINT OF CONNECTION WITH ITS -
MAI'N TRACK,AT OR NEAR THE ZNTERSEOTION OF SAID MAIN TRACK WITH THE,
WEST LINE OF.FOURTH STREET IN SAID CITY,THENCE ALONG NORTH STREET
IN SAID CITY TO A POINT AT OR NEAR THE, INTERSECTION OF SAID NORTH .
STREET WITH THE WEST LINE OF SANTA FE AVENUE IN SAID CITY,AND ALSO.
OVER AND ACROSS SEVENTH STREET IN SAID.'CITY NEAR THE MILLS AND
ELEVATORS OF THE SALINA MILL AND ELEVATO„a.'CQMPANY, SUBJECT TO THE
CONDITIONS AND PROVISIONS IN THIS:ORDIN,A.NCE SPECIFIED,AND TO ALL
SUCH POLICE REGULATIONS AS MAY BE.EXERCISED BY SAID CITY.
SEC. II. THAT THE RIGHT OF WAY AND THE USE OF THAT PORTION OF
NORTH STREETiUPON WHICH THE RAILROAD TRACK CONTEMPLATED BY THIS
ORDINANCE SHALL BE BUILT,SHALL BE, REMAIN AND VEST IN SAID RAILROAD
CONTPANY,SO LONG AS THE SAME SHALL BE USED AS IN THIS ORDINANCE
SPECIFIED,FOR THE PURPOSES OF SAID RAILROAD COMPANYMAND WITH ALL
REASONABLE RULES AND REGULATIOIyS HEREINAFTER MADE -"BY THE CITY OF
SAL•INA,KANSAS,IN THE EXERCISE OF ITS LEGAL POLICE POWERS: PROVIDED
HOWEVER,THE CITY OF SALINA RESERVES TO ITSE>JF THE RIGHT TO GRANT
TO ANY OTHER RAILROAD COMPANY OR COMPANIES T.HE RIGHT IOF WAY TO CON-
STRUCT2MAINTAIN AND OPERATE TRACKS,AND RUN ENGINES CARS AND TRAINS
UPON THE SAME,UPON ANY PORTION OF SAID NORTH STREET NOT ACTUALLY
USED AND OCCUPIED BY THE SAID CHICAGO,KANSAS AND WESTERN RAILROAD
COMPANY,BY VIRTUE OF THIS ORDINANCE.
SEC. III. THAT THE CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY
SHALL.MAKE,PROVIDE AND MAINTAIN AT ITS OWN EXPENSE,SUBSTANTIAL AND
SUFFICIENT CROSSINGS AND APPROACHES OVER ITS RAILROAD TRACK FOR
EACH STREET CROSSING SAID WRACK ON NORTH STREET AND ON SEVENTH
5TREET,AND SHALL MAKE,PROVt-DE AND MAINTAIN ALI, NECESSARY CULVERTS
UNDER SAID TRACK FOR THE PASSAGE OF WATER,AND SHALL LEAVE NO OB-
STRUCTION IN SAID NORTH STREET,NOT NECESSARY FOP. THE PROPER CON-
STRUCTION AND OPERATION OF SAID RAILROAD TRACK.
SEC. IV. THAT IN CASE THE PROPERTY OF ANY PERSON OR PERSONS IS
DANIAGEDOR INJURED,BY REASON OF THIS GRANT.OF THE RIGHT OF -WAY BY
THIS ORDINANCE AIADE,AND SUCH DAMAGE SO SUSTAINED,SHALL BE SUBSTAN-
TIATED-'AND
UBSTAN-
TIATED 'AND ADJUDGED BY DUE PROCESS OF LAW, TILE CHICAGO,KANSAS AND
WESTERN RAILROAD COMPANY SHALL ALONE BE RESPONSIBLE AND PAY ALL
DAMAGES AND INJURIES SO SUSTAINED AND ADJUDGED.
U
EC. V. THAT"THE RIGHT OF' WAY HEREBY GRANTED TO THE CHICAGO,
KANSAS AND WESTERN RAILROAD COMPANY,SHALL IN NO CASE AFFECT THE
IGHTS OF THE CITY OF SALINA,XANSAS,GRANTING THE RIGHT OF WAY ALONG
NP ACROSS SAID NORTH AND SEVENTH STREETS AND ACROSS THE TRACK OF
HE SAID CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY TO ANY OTHER
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