Semi-weekly herald., 1910-04-07
CITY COUNCIL.

the Arizona & Colorado railroad the
right. privilege aud license n lay
down. construc,, maintain and opera, @
| its railroad tracks and lines through
and over that part of Second avenue
| lying between Thirteenth and the Ami
mas river, and along. through and over
Second avenue East. from East Park
street to Twenty-6rst street and across
Fourth street, Fifth street. Sixth
street, Seventh street. Eighth street,
Ninth street, Tenth street, Eleventh
street. Twelfth street, and each OF
The intersecting of said. and across
Thirteenth street diagonally between
the west line of Second avenue and the
alley in blocks 81 and l0l, following
the line of survey as shown on map
and field notes illed In the office of the
city clerk ON April 1910 by the
A. & c. Railroad company, and across
Fourteenth street. and each OF the in
tersection OF Second avenue and across
East Park avenue. Eightbteenth street.
| Nineteenth street and Twentieth street
at the intersection Of Second avenue
east and across Twentyhrst street
between Second avenue and the city
| limits. following the line of survey
shown Of the map and field notes, and
across Third street between Third
avenue and the ID. a. r. G. railroad,
following n route shown on map and
Held notes and across the alley in
block and across main and follow.
ing survey. az point between Atlantic
avenue and the line between Durango
and Animns City, and across the al
ley in block 3. . and 10, al Brookside
and across Pine street between Allan
Tic avenue and the city limits. cross
ing Atlantic avenue between block 8
and 10. al Oak street, between blocks
. and i3. and Albany avenue between
blocks IL and 10, and Chicago avenue
between blocks II and 10. and ASH
street between blocks II and 10, and
Columbia avenue south of block Is.
and the alleys In block ~ and 8.
| ,'NF h'ipih'0 Ems anu soBttiii AsiiN
Attorney Clements submitted the fol.
lowing report:
Durango. Colo, April 3, 1910.
To the Honorable City Council.
City of Durango.
Gentlemen:
We have prepared and exhibit here
with, draft of an ordinance which,
while embodying all the features of
the draft of ordinance isndered by the
representatives OF The Arizona e. Colo
rado Railroad company, contains. in nd.
ditlon. number of features which we
Iregard as Of importance TO the full and
adequate protection OF the public in.
terests of the city OF Durango, and
should receive your full and careful
consideration.
There are. however. n few matters
which We would respectfully invite
your particular attention to, namely:
The matter of the existence of the
sewer pipe line in the alley extending
through blocks thirty-one TO ninety-one
| ''t'hPlNfs III Guy, anu Wnltn Is
composed of tiling Our Information
leads us to believe this will be ex.
posed to serious injury. II not de
struction by the concussion and vi
bration of the heavy trains passing
continuously over same. Whether this
be true or whether the same win re.
main without danger of serious injury
from the railroad. Is not legal promo.
sition and one upon which we can give
no authoritative opinion. Upon the
council, the representatives of the peo
pie, Is imposed the determination
whether or not, In your sound iudg
ment. this Will. as an engineering ques.
ton. be liable to occur
IF 1t should occur, an entire new
line of sewer pipe would have TO be
constructed TO one side OF the right
of-way of said company, and perhaps
by condemnation or other proceedings
located upon private property ada
cent thereto.
The bond which we have provided
for by the last two sections of the
ordinance, however, If sufficient in the
matter Of surety would go far to pro.
tect the city against damages, although
we do not regard lawsuit for dam.
ages as in any sense an asset of
equivalent value to the city. as an I'M
injured and unmolested sewer pipe.
We have. we think. made an I'm.
provement over the draft OF ordinance
rendered last Friday by the railroad
company. in this that we have pro
vlded for the right OF extension and
enlargement. as well as the repair and
maintenance OF sewer and water pipes
and drainage connections under or
through the rlght-of-way OF said com
Dany, rather than restricting the same
to the repair and maintenance of the
existing sewer and other pipes.
With the growth of the city It may
reasonably be expected that within
no distant day that the requirement
OF the city may call for an enlarge
ment and extension OF It's sewer and
water Dines and c0nnacttnns and this