Evening journal., 1901-12-06

nue. when the latter shall have been
extended as herein provided, and put
such extended portion of said railroad
avenue In suitable condition for pub
ne travel. II. in the future, the proper
city authorities shall locate ana open
streets north OF Nandever avenue with
lundergrade passages beneath the ele-
waited railroad In the manner and upon
tho terms and condition by law pre-
scri1ed the railroad company shall
contribute equally with the said city
In the costs of constructing the bridges
above such streets. Said bridges shall
be built pursuant to plans that shall
be satisfactory 10 the said railroad
company and to the proper city author
! tiles, and said railroad company shall
maintain and keep in repairs all said
bridges at It's own expense.
Section g. The said railroad COM
pany shall within its right of way con-
lstruct and maintain.at its own expense.
Ian sewers culverts or conduits, con-
veying the drainage I'm the present
lawfully existing channels or water
ways across its said right OF way; and
AN such work shall be done in a man
ner satisfactory to the proper city
authorities. And if in the opinion of
the said authorities, new drainage
/ channels along or across the right OF
way Of the said elevated railroad, at
any time thereafter shall be necessary,
IAN the costs of construction Of the
portions of the said new drainage
channels which shall be within the
right Of way of said railroad company,
shall be borne by said company. In
all cases I'm the construction OF the
said elevated structure where it shall
/ he necessary to change the grade or
location of any gas or water pipes or
sewers the same shall be changed by
the said railroad company at it's own
expense and left I'm a suitable condi-
tiOn for use. pursuant to plans to be
approved by the proper city authori-
ties. If the said railroad company
should tear up or injure any of the
streets OF the said city, i'm building the
said elevated structure the said COM
pany shall. at It's own expense. restore
Ithe streets to as good a condition as
they were in before they were so torn
up or injured and If for any reason,
the said streets should not be re-
stored in the proper manner. then the
Street and Sewer Department shall
properly restore said streets at the ex-
lpcnse of the said company.
The work OF locating and elevation
of said tracks and the substructure
therefor shall be conducted with due
care. and the said railroad company
'lshall fully protect and indemnify the
said city against the payment OF any
damages for which il may be legally
liable. and for which judgment shall
be recovered against it, by reason OF
the location and construction of said
elevated tracks I'm the manner as
! herein authorized. together with all
costs ana expenses of any and all suits
which may be instituted against said
city by reason of the passage of this
resolution. OF by the location, con
slruction or operation of the said ele
waited structure.
Provided. however, that notice OF
, every suit shall be promptly given e
q said railroad company and the latte
{ shall have the right in conjunction
Z with the proper law officer OF the city
/ TO appear thereto by it's own counse
and conduct the defense thereof an,
2 that no such suit shall be settled oi
Z compromised without consent of sal,
1 company.
Section 4. The said railroad com
pany shall begin work on the said ele
waited structure within sixty days from
the date of the passing of this resolu
ton.
Section g. This consent shall not D.,
q construed TO be operative until TN
said company by It's proper officers
under It's corporate seal, shall have
executed I'm writing. and acceptance o
e an of the provisions OF this resolution
p and agreed to comply with and b.
? hound by the terms and provision
= thereof.
Section g. All ordinances and roso
lutions or provisions thereof inconsis
tent herewith are superseded.