452414
ORDINANCE N0. 4524
---- _____-__ ___ __P blished in the aalinn Tflurng1,,_------_---March �t lAte.
AN ORDINANCE granting to Firestone Tire & Rubber Company, its successors
and assigns, permission to construct and maintain a gasoline pipe-
line in, under and across certain portions of Iron Avenue, Fourth
Street, Walnut Street and Fifth Street in Salina, Kansas,
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. Subject to the conditions and regulations in this
ordinance provided for, Firestone Tire & Rubber Company, its successors
and assigns, is hereby granted permission to construct and maintain a
gasoline pipeline for the transportation of gasoline from a point
approximately 130 feet north of Iron Avenue and approximately 30 feet
west of the west line of Fourth Street, according to the plat of the
original town of Salina, thence in a southerly direction to a point
in the north line of Iron Avenue approximately north of the west end
of the Iron Avenue bridge across the Smoky Hill River; thence under
and across Iron Avenue along a line underneath the west end of the
Iron Avenue bridge to the south line of Iron Avenue; thence south
across Lots 110, 112, 1140 116 and 118, and under that portion of
Fourth Street, south of Iron Avenue, leased by the City of Salina for
highway purposes from the Union Pacific Railroad, to a point in the
west line of Fourth Street at the approximate center point of the
east line of Lot 118 on Fourth Street according to the plat of the
original town of Salina; thence in a southerly direction in and under
Fourth Street to a point approximately 10 feet east of the southeast
corner of Lot 120 on Fourth Street; thence south in and under Fourth
Street along a line parallel with and approximately 10 feet, east of
the west line of Fourth Street to a point approximately 10 feet east
and 10 feet north of the southeast corner of Lot 134 on Fourth Street;
thence southeasterly to a point approximately 19 feet east of the south-
east corner of said Lot 134 on Fourth Street; thence south along a line
parallel with and approximately 19 feet east of the east line of Fourth
Street to a point approximately 14 feet south and 19 feet east of the
southeast corner of Lot 138 on Fourth Street, such point being in the
intersection of Fourth Street and Walnut Street in said city; thence
west in and under Walnut Street along a line parallel with and approxi-
mately 14 feet south of the north line of Walnut Street to a point
approximately 75 feet east of the east line of Fifth Street; thence in
a southwesterly direction across and under Walnut Street, and the inter-
section of Walnut Street and Fifth Street to a pont in the east line
of Lot 140 on Fifth Street.
15
Section 2. Said gasoline pipeline shall be laid and constructed
at a depth of at least 3 feet below the surface of the ground and
below the surface of any pavement or any driveway and where the
same is laid under any pavement or driveway, shall beconstructed
of 2-1/2 inch, wrought iron metal pipe having a weight of not less
than 5.8 pounds per lineal foot, and such pipeline shall be con-
structed under the supervision of the city engineer and in accordance
with such specifications as to joints, methods of laying and such.
other specifications as the City Engineer may prescribe and shall
not be used for the purpose of transporting gasoline therein until
after the same has been approved in writing by the City Engineer,
Section 3. Wherever along its course as herein prescribed,
said pipeline shall be laid beneath any paving, sidewalks, or drive-
ways and wherever the construction of such pipeline shall necessitate
the removal and reconstruction of any portion of any pavement, side-
walk or driveway, such pavement, sidewalk and/or driveway shall be
relaid and reconstructed by and under the supervision of the City
Engineer, at the expense of the said Firestone Tire & Rubber Company,
its successors or assigns, and if at any time, the reconstruction
or maintenance of such pipeline, shall require the removal or re-
construction of any pavement sidewalk or driveway, all of such work
shall be done at the expense of said Firestone Tire & Rubber Company,
its successors or assigns, and shall be done by and under the super-
vision of the City Engineer of the City of Salina, and all of such
work shall be done at any of such times in such manner as to restore
any such pavement, sidewalk or driveway to its existing condition
prior to the removal or disturbance thereof.
Section 4. Said gasoline pipeline shall not be so constructed
as to interfere with any existing sewers, watermains, gas mains,
or telephone or electric light wires or conduits and if at any time
in the future the said gasoline pipeline as so constructed shall
interfere with the construction or reconstruction of any sewers,
water mains, gas mains or electric light or telephone wires or
conduits, said gasoline pipeline shall be relaid or reconstructed
by said Firestone Tire & Rubber Company its successors and assigns,
in such manner and along such course as to eliminate any such inter-
ference,
is
Section 5. Said gasoline pipeline shall be so constructed and
maintained by said Firestone Tire & Rubber Company, its successors
and assigns as to prevent the leakage therefrom of any gasoline or gas
vapor and shall at all times be so constructed and maintained that no
danger therefrom will result to the public or to any private persons or
property and whenever any such dangerous condition exists said Firestone
Tire & Rubber Company, its successors and assigns shall make such repairs
or shall take such action as may be required in the opinion of the City
Engineer to eliminate such dangerous condition, and if it shall upon
written notice by the City Engineer fail or refuse to do whatever may
be necessary or required by any such respect, the City Engineer shall
do whatever may be necessary to prevent or eliminate such dangerous
condition and shall charge the expense thereof to said Firestone Tire
& Rubber Company, its successors and assigns.
Section 6. Before the permission given by this ordinance for
the construction of such gasoline pipeline shall become effective
and before any portion of any of the streets of the City of Salina
shall be used for the construction thereof, said Firestone Tire & Rubber
Company shall in writing guarantee said company, its successors and
assigns, will in the future comply with the provisions and requirements
of this ordinance.
Section 7, Said Firestone Tire & Rubber Company, its successors ,
or assigns shall pay the cost of publication of this ordinance and shall
prior to the publication thereof deposit with the City Clerk the estimated
amount of the cost of such publication.
Section 8. This ordinance shall take effect and be in force after
its publication in the official city paper.
Attest:
Chas. E. Banker
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
Introduced, March 18, 1935
Passed, March 25, 1935
R. J. Pafford
Mayor
I. Chas, E. Banker, City Clerk of the City of Salina, Kansas, do
hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 4524 passed and approved by the Board of Commissioners
of the City of Salina March 250 1935; and a record of the vote on its
final adoption is found on page 3 6,5- Journal No. 13.
city Glerk'—`i
(Published in the Salina Journal-)
ORDINANCE N0, 4524
AN ORDINANCE granting to Firestone Tire & Rubber Company, its
successors and assigns, permission to construct and main-
tain a gasoline pipeline in, under and across certain por-
tions of Iron Avenue, Fourth Street, Walnut Street and
Fifth Street in Salina, Kansas.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section l_. Subject to the conditions and regulations in this
ordinance provided for, Firestone Tire & Rubber Company, its
succesaeors and assigns, is hereby granted permission to construct
and maintain a gasoline pipeline for the transportation of gasoline
from a point approximately 130 feet north of Iron Avenue and approx-
imately 30 feet west of the west line of Fourth Street, according
to the plat of the original town of Salina, thence in a southerly
direction to a point in the north line of Iron Avenue approximately
north of the west and of the Iron Avenue bridge across the Smoky
Hill River; thence under and across Iron Avenue along a lime under-
neath the west end of the Iron Avenue bridge to the south line of
Iron Avenue; thence south across Lots 110, 112, 114, 116 and 118,
and under that portion of Fourth Street, south of Iron Avenue,
leased by the City of Salina for highway purposes from the Union
Pacific Railroad, to a point in the west line of Fourth Street at
the approximate center point of the east line of Lot 118 on Fourth
Street according to the plat of the original town of Salina; thence
In a southerly direction in and under Fourth Street to a point
approximately 10 feet east of the southeast corner of Lot 120 on
Fourth Street, thence south in and under Fourth Street along a line
parallel with and approximately 10 feet, east of the west line of
Fourth Street to a point approximately 10 feet east and 10 feet
north of the southeast corner of Lot 134 on Fourth Street; thence
southeasterly to a point approximately 19 feet east of the southeast
corner of said Lot 134 on Fourth Street; thence south along a line
parallel with and approximately 19 feet east of the east line of
Fourth Street to a point approximately 14 feet south and 19 feet
east of the southeast corner of Lot 138 on Fourth Street, such
point being in the intersection of Fourth Street and Walnut Street
in said city; thence west in and under Walnut Street along a line
parallel with and approximately 14 feet south of the north line of
Walnut Street to a point approximately 75 feet east of the east
line of Fifth Street; thence in a southwesterly direction across
and under Walnut Street, and the intersection of Walnut Street and
Fifth Street to a point in the east line of Lot 140 on Fifth Street,
Section 2. Said gasoline pipeline shall be laid and constructed
at a depth of at least 3 feet below the surface of the ground and
below the surface of any pavement or any driveway and where the
same is laid under any pavement or driveway, shall be constructed
of 2-1/2 inch, wrought iron metal pipe having a weight of not less
than 5*8 pounds per lineal foot, and such pipeline shall be con-
structed under the supervision of the city engineer and in accordance
with such specifications as to joints, methods of laying and such
other specifications as the City Engineer may presribe and shall
not be used for the purpose of transporting gasoline therein until
after the same has been approved in writing by the City Engineer,
Section 3. Wherever along its course as herein prescribed,
said pipeline shall be laid beneath any paving, sidewalks, or drive-
ways and wherever the construction of such pipeline shall necessitate
the removal and reconstruction of any portion of any pavement, side-
walk or driveway, such pavement, sidewalk and/or driveway shall be
relaid and reconstructed by and under the supervision of the City
Engineer, at the expense of the said Firestone Tire & Rubber Company,
its successors or assigns, and if at any time, the reconstruction
or maintenance of such pipeline, shall require the removal or re-
construction of any pavement sidewalk or driveway, all of such work
shall be done at the expense of said Firestone Tire & Rubber Company,
its successors or assigns, and shall be done by and under the super-
vision of the City Engineer of the City of Salina, and all of such
work,,ishall be done at any of such times in such manner as to restore
any such pavement, sidewalk or driveway to its existing condition
prior to the removal or disturbance thereof.
Section 4. Said gasoline pipeline shall not be so constructed
as to interfere with any existing sewers, watermains, gas mains,
or telephone or electric light wires or conduits and if at any time
in the future the said gasoline pipeline as so constructed shall
interfere with the construction or reconstruction of any sewers,
water mains, gas mains or electfie light or telephone wires or
conduits, said gasoline pipeline shall be relaid or reconstructed
by said Firestone Tire & Rubber Company its successors and assigns,
in such manner and along such course as to eliminate any such Inter-
ference.
Section 5. Said gasoline pipeline shall be so constructed and
maintained by said Firestone Tire & Rubber Company, its successors
and assigns as to prevent the leakage therefrom of any gasoline
or gas vapor and shall at all times be so constructed and maintained
that no danger therefrom will result to the public or to any private
persons or property and whenever any such dangerous condition exists
said Firestone Tire & Rubber Company, its successors and assigns
shall make such repairs or shall take such action as may be required
in the opinion of the City Engineer to eliminate such dangerous
condition, and if it shall upon written notice by the City Engineer
fail or refuse to do whatever may be necessary or required by any
such respect, the City Engineer shall do whatever may be necessary
to prevent or eliminate such dangerous condition and shall charge
Tire
the expense thereof t6 said Firestone/& Rubber Company, its successors
and assigns.
Section 6. Before the permission given by this ordinance for
the construction of such gasoline pipeline shall become effective
and before any portion of any of the streets of the /City of Salina
shall be used for the construction thereof, said Firestone Tire
& Rubber Company shall in writing guarantee said company, its
successors and assigns, will in the future comply with the pro-
visions and requirements of this ordinance.
Section 7. Said Firestone Tire & Rubber Company, its successors
or assigns shall pay the cost of publication of this ordinance and
shall prior to the publication thereof deposit with the City Clerk
the estimated amount of the cost of such publication,
Section 8. This ordinance shall take effect and be in force
after its publication in the official city paper.
Introduced, March 18, 1935
Passed, March 25, 1935
U G /-
Attest:
city Uleric
GUASANTY
In consideration of the rights and privileges
granted to the Firestone Tire and Rubber Company, its
successors and assigns by the City of Salina, Kansas,
to construct and maintain in, under and across certain
Portions of Iron Avenue, Fourth Street, Walnut Street
and Fifth Street in the City of Salina, Kansas, a gaso-
line pipe line for the transportation of gasoline under
and in accordance with the terms and provisions of Ordin-
ance No, 4524 of the City of Salina duly passed by the
Board of Commissioners of said city on March 25th, 1.935,
and duly pwblished in the Salina Journal, the official
city paper of said city,on March 30, 1935, the under-
sined Firestone Tire and Rubber Company does hereby
guarantee for itself its successors and assigns that
it and its successors and assigns will in the future
and so long as said gasoline pipe line is used and/or
left in and under said streets comply with all of the
provisions and requirements of said ordinance to be
complied with or performed by it or its successors or
assigns.
IN 'i'VITNESS whereof said Firestone Tire and Rubber
Company has caused this instrument to be executed by
its officers thereunto duly authorized and its corporate
seal to be affixed this Z -_P-P day of ,
1935,
FIRESTONE TIRE A RUBBER COMPANY
l ►�iI A
r
Attest:
secretary
CHARLES E. EANKLk