Semi-weekly herald., 1910-04-07
we tender herewith.

and should desire further precautions
water pipes and other connections. we
would then recommend that the city
direct an inquiry and investigation by
its engineering department. as to the
depth below the surface of each sewer
and water pipe or other municipal
works under the grado to be followed
by the railroad company's tracks, and
investigate as TO the depth of cushion
required Tor the effectual protection
OF sewer and other pipes and other mu.
nicipal works, under The said tracks
and right-of.way, and such provision
as may he necessary TO prevent dam.
age thereto by the construction of said
railroad and the operation of its trains.
There is another danger In the mat.
ter of sewer pipes which We have not
mentioned. and that is that even
though sewer pipe Eiay not be
crushed. as we are assured by the
railroad company Il Will not, yet II
may so crack the sewer pipe or loosen
the fabric or connections thereof as
to allow the liquid contents to exude
or seep out into the soil. while the
solid matter such as paper and other
refuse, which cannot be kept out OF
the sewer. may solidify and remain to
obstruct and stop up the sewer. While
the offensive liquid particles sinking
into the soil may pollute and poison
the air and eventually lead to sick.
mess, typhoid. etc. yet as to the
amount Of damage arising from such
injury, II would be impossible to es.
innate upon any definite basis, so as to
irecoup even against a good and solvent
bond In n lawsuit
These and similar matters are for
the city council itself to decide. and
any proposed action should be based
upon It's own sound judgment In ulis
regard. The opinion of competent per
sons or experts should be obtained
perhaps preferably not those connect.
ed with either the city or the railroad
that part of Thirteenth street between
Second avenue and the proposed right.
oi-way be not vacated as suggested
| but that In lieu thereof, the strip to
ried by the right -ofway OF the rail
road company-say width of twenty.
five feet on each side of the center
line thereof. and that the railroad COM
pany be required to construct and
maintain a fence upon The outer bound
airy of said right-of-way on each side,
in order to prevent and exclude travel
across said right-ofway Our reason
Tor this Is that when streets are VA.
Gated the ke thereof Immediately
vests In the owners OF abutting prop.
erty, which In this instance would
vest in The owners of lot thirteen
block nlnety-one and lot one. block
one hundred one, the space represent
ed by the width of Thirteenth street
at that point. They would become
thereby Immediately entitled to build
and construct expensive improvements
which with the growth of the city
would become quite valuable.
Should any future council of the city
become convinced that 1t Is desirable
for any reason to grade down Second
lavenue and Thirteenth street ut their
approaches TO said crossings, and To
lrppnan Thirtanuth utraat nj tba ,,.tn
vacated 1t would be necessary for the
city TO proceed by condemnation as I'm
the case of opening a new street, and
the expense thereof, including compen.
sation to the owners for the property
taken, would amount TO very large
sum in order to place the city In the
same condition 1t would occupy should
1t not undertake to vacate the part
OF Thirteenth street at the place In
question. Colorado Revised Statutes,
1908, section 6520).
Before the passage of this or any
ordinance on the subject, the city
should require proper and sufficient
map and plat of the proposed right-of-
way showing streets, alleys and abutt-
Ing property. the proposed grade at
| which the track of said company
should be constructed, its relation to
the surface or established legal grade,
with field notes. the boundary OF the
proposed rightof-way and the portion
of the streets and alleys which the
said rlght-of-way should occupy, and
the surface OF the tracks should con.
form at all times, to the established
grade at all points in the streets and
alleys subJeat to travel by the public.
Other pertinent features will appear
upon Derusal Of the ordinance In ques-
tlon. In the time given us for this
work, we may not have covered every
point but we have been as thorough
as the time allotted us would permit.
Very respectfully.
r. G.. ELLIS,
City Attorney.
r. $. CLEMENTS,
| Special Counsel.
The revised draft OF the ordinance
| ils drawn by the ATTORNEYS for the city