Omaha daily bee., 1899-12-11
Howelrs Anti-"Kawf' cures coughs. colds.
WILL PROTECT cITY's INTERESTS.
Care Used in Granting Right of Way

Care Used in Granting Right of Wny
to New Lake Manawa Line.
In drafting the ordinance granting the
Lake Manawa & Manhattan Beach Railway
company the right to cross certain streets,
avenues and alleys along its route between
Sixteenth avenue and the city limits, the
special committee consisting of Aldermen
Sayles, Casper and Atkins, has endeavored
to protect the interests of the city by every
possible means.
The ordinance gives the railroad company
permission to build its tracks on the south
side OF Sixteenth avenue so as to leave eight
feet between the rails and the property
line from the foot of Main street to a point
seventy feet from the northwest corner Of
the Kansas City, st. Joseph & Council Bluffs
Railroad company's depot grounds and across
the following streets and avenues: Eight
eenth. Nineteenth, Twentieth, Twenty first,
Twenty-second, Twenty third, Twenty
fourth Twenty-tifth and Twenty ninth ave-
nues, between the east line of Sixth street
and west line of Fourth street; and over and
across all the east and west alleys in blocks
seven, eight thirteen, fourteen and nineteen
in Hughes & Doniphans addition to the city
of Council Bluffs, Ia
The company is prohibited from laying its
tracks on Sixteenth avenue until it has
| filed with the city clerk the written con-
sent of the abutting property owners and a
waiver of any damages to their property.
Section 4 of the ordinance requires that
| the railroad shall plank it's tracks on Six
| teenth avenue and shall plank it's tracks at
| the crossing of all streets, avenues and al
| leys the full width of the streets, avenues
and alleys so crossed, and shall maintain
and keep in repair said crossings and shall
| build. maintain and keep in repair good
| and sufficient approaches thereto, and shall
| at all times conform to the grades of the
streets avenues and alleys crossed by their
tracks as now established, or as hereafter
may be established or changed, and shall
construct, maintain and keep in repair suit
able and sufficient waterways, outlets and
| bridges under and along it's tracks; and 1t
| is agreed and understood that the same
| shall be done by said railroad company at
| its own expense and cost, without claim OF
damages or compensation from the city OF
Council Bluffs, Ia; and for any failure
or neglect OF so doing by said railway COM
! pany, it shall be responsible and save the
city harmless from all damages to either
person or property.
The next section provides that the rail-
road ehal wire for and operate at a point
avenue, between Main and Sixth street, a
1000 candlo-power electric arc light
Section six provides that as a consldera-
| tion for the passage of this ordinance it is
| especially stipulated, agreed and UNDER
stood, that when Twenty sixth, Twenty
seventh and Twenty eighth avenues or
| either OF them are established and dedi-
Gated between their present eastern ter
minus and Fourth street, except such portion
! of said avenues as would pass through
property owned by tho said Lake Man
ava & Manhattan Beach Railroad company,
said company shall without compensation
dedicate to the city for street purposes
that part OF said avenues passing through
any property owned by said company; and
all the provisions OF section 4 OF this
ordinance shall apply to said avenues so
dedicated and established.
The railroad company is also required to,
within thirty days after notice is served by
the city, to construct such sidewalks as
required by such notice in front OF any
property owned by 1t on any Of the streets
or avenues crossed by the tracks of its line.
Tho right to lay sewers, water or gas mains
so as not to disturb the surface Of the
streets, avenues or alleys named in the or
dinance after the same are laid, is expressly
reserved.
The company Is required 10 ME lts ac-
| ceptance O: this ordinance within thirty days
after its passage and all rights and priyi-
leges granted under it shall be forfeited en-
failure OF the company TO comply with all
It's provisions
Copies Of the ordinance have been sent
to each alderman and it will come up for
| consideration at a meeting Of the commit
tee of the whole this evening prior to the
session OF the city council.
Should the ordinance he passed 1t will be