Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-03-15

rowres, oi thc streets above mentioned, and
for the preservation Of public hgultA, peace
and safety, am emergency Is hereby declared
TO exist bv reason whereof thi, ordinance
shall take effect from and after its passage,
approval aud publication.
PASSED and the emergency clause ruled
upon ,crarrtely and approved this 18th day
APpRoNED Ibis l3h day Of March, 1917.
J. II. SIMMONS,
Nor.
FRANK NEWKGRR,
,.,.,,,...,. city Auditor.
JOHN B MEsERVE.
city Attorney.
Published in the Tulsa Daily World March
18th, lgl7. World Publishing Com
pRuy, PubfishersD
ORDINANCE NO. 1854.
An ordinance granting to Sand Springs
Railwa! Company corporation, its
successors or assigns, permission TO con-
stract, operate and maintain line OF
railway upon over and across Elgin
Avenue and the Alleys in Blocks ~ and
45 in the Original Townsite Of the City
of Tulsa, Oklahoma, subject to certain
restrictions. and declaring an emergency
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF
TULSA OKLAHOMA:
Section l. That the Sand Springs Rail-
way Company, corporation, its successors
or assigns be and It is hereby granted the
right of-way and privilege to construct, main
tain and operate at the expense OF said
company, subject TO the conditions herein
pressed, line of railway upon, over and
across Elgin Avenue and the Alleys in
Blocks 81 and as in the Original Townsite
of said city, upon lines described follows,
Gl Beginning at point on the
east llne ot the alley IN said Block 40
and % feet north Of the south line of
said Block i5, thence southwcsterly to Il
point on the west line OF said alley 50
feet north of ihe south line Of said
block
t2) Beginning on the east line OF
Elgin Avenue at a point % feet north
of the southwest corner Of said Block AZ
IN the Original rownste thence north.
westerly TO point on the west line OF
said Elgn Avenue 10s feet north OF the
southeast corner OF Block a.;
t3l beginning on the east line OF
the Alley in said Block 4t at point
1879 feet north OF the south line Of said
Block ~, thence westerly to the west
line of said alley at point 1870 feet
north Of the south line OF said Block A..
Said lines shall be the center Of the tract
for which permission is herein given to con-
struct.
Section 2. That said track shall be con.
structcd and maintained OF such rails and
other materials and fixtures as may be
needful in constructing, maintaining and
operating said tract in a modern and up
to'date manner and the rails thereof shall
not be less than five (5l inches high Said
thereafter maintained. altered, repaiie re.
ncwcd and operated In such manner as to
interfere with the public use Of said avenue
and alleys os little as possible. Where said
alleys herein mentioned, or contemplated,
suitable crossings shall be constructed and
maintained by said railway company at its
expense according to plans and subject to
the approval of the City Engineer Of the City
Of Tulsa. Upon the written order OF the
bonrd ot commissioners Of the City Of Tulsa
said railway company shall at its expense
cause the portion used by said track upon
sai' avenue and alleys to be properly planked
or otherwise properly improved between the
rails thereof and twenty four (2i) inches On
the outer side OF each rail.
Section 3. Said track shall be con sfructed
and at all times maintained by the grantee
herein 50 that The same shall conform to the
established grade OF said avenue and alleys
aud TO any and all plans which may be
adopted by the Board OF Commissioners OF
Tulsa for grading and paving sail avenue
and alleys. Said track shall be so con.
strnctcl and maintained that the top of he
rails therof shall conform to the established
grade OF said avenue and alleys, and should
said grade, or any Of them, be hereafter
chunged said track shall be made to con.
form to such changes at the expense of said
constructed as not to interfere with the in
stallation or maintenance OF the drainage
system and the sewers catch basins, cutters
culNerts and other appurtenanceS connected
Herewith unless the same be properly re.
constructed or installed in accordance with
plans and specifications prepared by the City
Engineer OF said city. All the construction
and reconstruction work mentioned in this
section shall he done in accordance with the
plans therefor adopted by the Board of Com
missioners OF said city, subject to the APP
proNal Of the city Engineer of said city
and all improvements and appurtenances
herein mentioned within the limits herein
mentioned shall at all times be maintained in
good repar by and at the expense of said
railway company.
Said railway company shall exercise pre-.
caution In conformity with the ordinances
OF the City OF Tulsa, Oklahoma to prevent
injuries or accidents to persons and property
during the construction or reconstruction OF
any work herein contemplated or mentioned
during the maintenance and operation OF said
tracks or lines, and shall at all times save
the city harmless. free and clear from all
claims for damages that may arise by reason
Of the construction. reconstruction main
terance and operation OF the same arising
out OF negligence on the part Of said railway
company its officers, agents or servants
Should the present drainage OF said ave-
nue. or alleys, or any of them, be interfered
with by the installation and maintenance OF
said track, then said company shall at its ex
pense take all necessary steps TO provide
proper drainage and other facilities in ac-
eordance with plans and specifications pre-
pared by The City Engineer Of said city.
All the construction work or reconStruc-
tiOn work mentioned In this section shall be
done according to plans therefor adopted by
the Board Of Commissioners Of said city and
approved by the City Engineer Of said city,
and the entire expense OF the same, includ.
ing the cost of labor materials and fix.
lures, shall be borne by said railway com.
pany.
Section 4 The power to be used in pro-
pelling cars over faid tract shall be gov.
erned by the franchise Of said railway com.
pany under which it IS now operating or as
the same may hereafter by proper authority
be altered.
No engine car or other rolling stock OF
anv description shall be allowed 10 stand
upon any portion Of said avenue or alleys
herein mentioned for n bnger period than
five 90 minutes at any one time
Section g. Said railway company shall
within twenty (20l days after the passage
and publication Of this ordinance deposit
with the City Auditor written acceptance
OF the terms and conditions OF this ordi.
nance. otherwise the privilege granted here
In shall become null and void
Section q. Should said railway company
fail or refuse TO comply at any time with
any OF the reasonable provisions and condi.
tons Of this ordinance, then and in that
event this grant and franchise shall become
null and void and the said railway company
shall remove within ono hundred twenty
tf2o) DAYS al OF It's equipment and appurte.
nauces from the avenue and alleys at the
expense oi said company Failure OF said
company Co comply with each and an of the
terms and conditions mentiOLed in this ordi.
nance FOR period OF 100 days after notice
in writing directed by the Board OF Com.
missiouers OF said eity 20 said company.
gla1 ln val % a q "A