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473 Railroad Right-of-WayOrdinance No. 473 An ordinance granting the right-of-way to the Salina, Lincoln and Western Railway Company through the City of Salina, Kansas and the right-of-way across Third and Fourth Streets and Forest Avenue in said City of Salina, Kansas and to repeal Ordinance No. 343. Be it ordained by the Mayor and Councilmen of the City of Salina: Section 1. That the right of way be and the same is hereby granted to the Salina, Lincoln Western Railway Company to construct, maintain and operate a single railroad track and run its engines, cars and trains upon the occupy the same in, along and upon Fourth Street in the City of Salina, Kanas from the place where the tracks of the Union Pacific Railway intersects and crosses the center of Fourth Street, into along and across Fourth Street, and the alley between Prescott and Fifth Streets and across Foresh Avenue and Fifth Street in James Addition to the said City of Salina, Kansas, and to construct, maintain, and operate a single railroad track and runs its engine cars, and trains upon and occupy the same, in along and across Third and Fourth Streets and the alley between Third and Fourth Streets in James Addition of the said City of Salina, Kansas from a point on the track of the Union Pacific Railway at or near the center of a plat of ground bounded on the north and on the west by the by the said James Addition to the City of Salina and known and designated as the "Railroad Reserve" to a point west of said Fourth Street and south of Forest Avenue to intersection with the track, from the intersection and crossing of the Union Pacific Railway and the center of Fourth Street, subject to the conditions and provisions in this ordinance specified and to all such police regulations as may be exercised by the City. Section 2. That the right of way and the use of that portion of Fourth Street, Forest Avenue, Fifth Street and Third Street and the alley between Third and Fourth Streets and between Fourth and Fifth Streets upon which the railroad track center plated by this ordinance shall be built, shall in said railroad company so long as the same shall be reused as in this ordinance specified, for the purposes of said railroad and with all reasonable rules and regulations hereafter made by the City of Salina in the exercise of its legal police process provided however, this city of Salina reserves into itself the right to grant to any other railroad company, or companies the right of way to construct, maintain, and operate a railroad track or tracks and run engines, cars and trains upon into secure upon any portion of said Fourth Street, Forest Avenue, Fifth Street and Third Street and the alley between Third and Fourth Streets, and between Fourth and Fifth Streets, not actually used and occupied by said Salina, Lincoln Western Railway Company by provided of this ordinance. Section 3. That the Salina, Lincoln Western Railway Company shall make, provide and maintain at its own expense, substantial and sufficient crossings and approaches, for its railroad tracks for each street crossing said track on Fourth Street, Forest Avenue, Fifth Street, and Third Street and the alley between Fourth and Fifth Streets, and shall make, provide, and maintain all necessary culverts under said tracks for the passage of water and shall leave not obstructions in said Fourth Street, Forest Avenue, Fifth Street, and Third Street and the alley between Third and Fourth Streets and between Fourth and Fifth Streets not necessary for the proper construction and preparation of said railroad tracks. Section 4. That in case of property of any person or persons is damaged or injured by reason of the grant of the right of way by this ordinance made and such damages or injury so sustained shall be substantial and adjudged by the process of law, the Salina Lincoln Western Railway Company shall alone be responsible and pay all damages and injuries so sustained and adjudged. Section 5. That the right of way hereby granted to the Salina, Lincoln Western Railway Company shall in no case affect the right of the City of Salina, granting the right of way across said Fourth Street, Forest Avenue, Fifth Street and Third Street, and the alleys between Third and Fourth Streets and access the tracks of said Salina Lincoln Western Railway Company on said Fourth Street, Forest Avenue, Fifth Street and Third Street and the alleys between Third and Fourth Streets and between Fourth and Fifth Streets to any other railroad company or companies. Section 6. This ordinance when accepted by said Salina, Lincoln Western Railway Company, shall operate as a contract between the said company and said City. Section 7. That Ordinance No. 343 approved December 15th, 1881 be and the same is hereby repealed. Section 8. This ordinance shall take effect and be in force from and after is publication once in the Saline County Journal.