The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-07-21
(First published July ls. 1900
ORDINANCE NO. 43s.

An ordinance providing for the con-
struction, maintenance, illumination
and use of viaduct, and approaches
thereto, over the right Of way and
station grounds of the Chicago,
Rock Island and Pacific Railway
company, at the intersection Of
Choctaw avenue, in the city nf Chick
asha, Oklahoma, and declaring an
emergency.
Whereas, II is considered by the
Mayor and City Council Of the City or
Of Chickasha, Oklahoma, that for the
safety and convenience Of the public,
it is necessary that an elevated road
way be constructed over, above and
across the station grounds and right
Of way OF the Chicago, Rock Island ana
Pacific Railway company,at the City
Of Chickasha, Oklahoma, SO as 10
project Choctaw avenue across the
same, and in such manner as ont to
interfere with the proper use OF the
said station grounds and right Of way
Of the said railway company, and,
Whereas, The said railway com
pany has not consented TO the opening
or Establishing Of any street or high
way through, over or across the said
station grounds and right Of way, and
there is a dispute between the said
city and the said railway company as
to the respective rights OF the public
and the said railway company, which
dispute It Is intended hereby to termi-
nate and settle, and,
Whereas. Certain parties, to-wit:
Ed r Johns, G. W. Petty, J. c. EARLY,
r. c. Harris and H. B. Johnson, are
desirous Of settling said dispute, and
securing the construction Of the said
giadnct,
BE It ordained by the Mayor and City
Council Of said City Of chickasha.
Oklahomas
Section l. That there shall be con-
structed through, over and across the
right of way and station grounds Of the
Chicago, Rock Island and Pacific Rail-
way company at 1he interseetioh pf
Choctaw avenue at and within the city
Of Chickasha, in The county Of Grady,
state OF Oklahoma, an elevated road
way, connecting the part Of said ave
nue. west OF the station grounds and
right of way and the extension thereof
on the east side OF said station grounds
and right Of way, which said roadway
and the approaches thereto shall be
twenty-six (26) feet in width, divided
into driveway twenty (2O) feet in
width and footwaIk six 60 feet in
width, commencing at a point twelve
CID feet west Of the east line Of Second
street in said city, and terminating
at point about thirty (30) feet east
Of Genevieve avenue IL said city.
Sec. 2. That portion Of said road
way between the easterly and westerly
lines Of the said station grounds and
right Of way Of said railway company,
shall be constructed by and at the ex-
pense of the said The Chicago, Rock
Island and Pacific Railway company,
its successors or assigns.
Sec. 3. Said Ed F. Johns. G. W.
Petty, J. c. Early, R. G. Harris and H.
B. Johnson shall construct the ap-
proaches to said elevated roadway, tel-
minating at the intersection Of the
same with the exterior boundaries Of
the said right of way and station
grounds, and shall satisfy all claims
of abutting or 1diacent property own
ers, by reason Of the construction,
maintenance and use Of said roadway.
Sec. 4. The said Chicago Rock
Island and Pacific Railway company
shall remove its tracks now occupy
Ing the intersection Of choctaw avenue
and Railroad street.
Sec. 5. Said roadway when con
strueted shall be maintained and kept
lighted by and at the expense Of the
city Of chickasha, and shall be free
and open public highway, subject to
all lawful uses as SUCH
Sec. 6. Said city, as further con-
sideration for the making Of and com
pliance with this agreement by the
various parties thereto. covenants and
agrees that it will not for a period Of
twenty-five t25) years from the taking
effect Of this ordinance. open or es-
tablish any grade crossings or high
ways through, over or neross the said
station grounds and right Of way be-
tween Idaho avenue and the first sec
tion line crossing north Of the said
elevated roadway.
Sec. Z. This ordinance, when ae.
I oprfaa II, nrittnp ~ +t.n r.sa m, d.