The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-10-19
ORDINANCE NO. 112.

AN ORDINANCE GRANTING TO
HARRY L. DAY, HIS SUCCESS
ORS AND ASSIGNS, THE RIGHT
TO CONSTRUCT, MAINTAIN AND
OPERATE BENEATH THE SIDE
WALKS AND STREETS OF THE
CITY OF WALLACE, IDAHO, A
PRIVATE SEWER LINE, TO-
GETHER WITH THE NECES-
SARY FIXTURES INCIDENT, NE
CESSARY AND USEFUL IN CON-
NECTION WITH SUCH SEWER
LINE, AND DIRECTING THAT
THE LOCATION OF SUCH SEW
Err LINE SHALL BE SUBJECT TO
THE CONTROL OF THE CITY
COUNCIL AND THE CONSTRUC-
TION OF THE SAME SHALL BE
UNDER THE SUPERVISION OF
THE CITY ENGINEER OF THE
SAID CITY. AND THE SAID
HARRY L. DAY, HIS SUCCESS
ORS AND ASSIGNS TO SAVE
THE CITY OF WALLACE
AGAINST ANY DAMAGES OR
CLAIM OF ANY KIND GROWING
OUT OF OR BY REASON OF ANY
ABUSE. ACCIDENT OR INJURY
TO PERSONS OR PROPERTY BY
SAID HARRY L. DAY, HIS Sue
CESSORS OR ASSIGNS IN CON-
NECTION WITH THE SAID SEW
Err LINE.
BE 1T ORDAINED BY THE MAYOR
AND CITY COUNCIL OF THE
CITY OF WALLACE, IDAHO:
Section /. That Harry l.. Day, his
successors and assigns, are hereby
granted the right to construct, MAIN
tain and operate, under and beneath
the sidewalks and streets of the City
of Wallace, Idaho, private sewer line
together with the necessary supports,
structures and fixtures incident, ne
cessary or useful in maintaining and
operating such private sewer line.
Section 2. That the location of said
private sewer line shall be substan-
TALLY as follows; Beginning at a
point about forty feet west of the
west line of Sixth Street, thence run
ming west along the North line of
Block Nineteen G9) and about six
feet distant therefrom to the east line
of Fifth street; thence in a North
westerly direction across the inter-
section of Fifth and Cedar Streets to
the West line of Fifth Street, thence
westerly parallel to the south curb of
Cedar Street and about eight feet dis
tant therefrom to the east line of
Fourth Street, thence in a North
westerly direction across the intersec-
ton of Cedar and Fourth Streets to
the point of junction with the main
trunk sewer of the City of Wallace
now laid on Fourth Street
Section 3. That the said sewer line
shall be constructed so as not to in
terfere with the traffic on such side
walks and streets nor obstruct the
AtaN finn
greater degree than is absolutely ne
cessary. The said Harry L. Day, his
successors and assigns, hereby coVen-
ants with the City of Wallace, to save
and hold the said City harmless from
all lawsuits, suits in equity damages,
Or claims for damages growing out of
pr by reason of any abuse, accident,
Or injury to persons or property by
said Harry l.. Day, his successors and
assigns, or growing out of the main
-enance of the said private sewer line,
within said city, and in case any suit,
Or action on account thereof is begun
against said city, alone, or jointly or
,everally with this grantee, his sue
,essors or assigns, the grantee herein
agrees to defend such suit or action
1t his own sole cost and expense and
n case any judgment for damages, or
lain of any kind shall be obtained
against the said City of Wallace, the
iaid Harry L. Day, his successors and
Issigns, hereby agree to pay such
Judgment within sixty (60) days after
is final determination, If against The |
.ity; that this grant of right is sub
ect to such reasonable ordinances of |
police nature as said city is auth
'riZed to adopt not destructive of the /
lights hereby granted.
Section 4. That within ten days /
.fter this ordinance shall take effect, |
nd before work is begun thereunder, |
he said Harry l.. Day, for himself, his |
uccessors and assigns, shall accept .
he same in writing and file the same +.
n the office of the City Clerk. With
ut such acceptance this ordinance
hall be null and void.
Section 5. All ordinances and parts
( ordinances in conflict herewith are
ereby repealed.
Section 6. This ordinance shall
AXE effect upon its passage, approval.
utilization and acceptance.
Passed under suspension of rules
equiring an ordinance to be read on /
lree separate days and duly enact /
an ordinance of the City of Wal
ice, Idaho, this go. day of October
. d. 1916.
Approved this 5th day of October.
!. d. 1916.
CHAS. r. MowERY,
AITESTD Mayor.