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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