Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-10-04
JOHN r. MESERvE.
City Attorney.
(Published In The Tulsa Daily World oc
tobcr 4, 1917. World Publishing
Company, Publishers)

(Published in The Tulsa Daily World, oc
tobcr 4, 1917. World Publishing
Company. Publishers)
ORDINANCE NO. 1T7I.
AN ORDINANCE TO PROVIDE FOR
NANCE AND AND REPAIR OF A SAM.
TARy SEWER PIPE LINE UNDER
AND ACROSS THE RIGHT OF WAY,
OF THE MISSOURI. KANSAS
TEXAS RAILWAY COMPANY IN THE
CITY OF TULSA, OKLAHOMA. AND
FOR OTHER PURPOSES: AND DE
CLAR1NG AN EMERGENCY.
WHEREAS Tho right Of way. station
grounds and tracks Of the Missouri, Kansas
& Texas Railway Company extend through
bhe limits OF the City Of Tulsa, Oklahoma,
and
WHEREAS The City OF ruysa desires to
construct maintain and operate, and Is now
constructing a sanitary sewer pipe line OF
approximately twelve (i2l inches diameter
across and under the right or way. station
grounds and tracks Of said Railway Company
In and upon the location hereinafter de-
sctibed, and Charles L. Schaff. as Receiver
of the properties OF said Railway Company.
Is willing to grant such permission upon
the terms and conditions herein named. --
NOW, THEREFORE,. BE 1T ORDAINED
BY THE BOARD OF COMMISSIONERS OF
THE CITY OF TULSA, OKLAHOMA:
section 1. That In consideration Of the
permission Of the said Charles E. Schaf',
as Receiver Of the properties Of the Missouri.
Kansas Il Texas Railway Company, being
granted to the construction, maintenance
and repair of said sanitary sewer pipe line.
and in acknowledgement Of the mutus,
rights, responsibilities and duties OF said
Receiver and said Railway Company, ana
the City of Tulsa, the construction, main
tenancs and repair of said sanitary sewer
pipe line under and across the right Of way,
station grounds and tracks Of said Railway
company In said City shall be as provided
in this ordinance.
Section 2. Said sewer pipe line shall be
constructed and maintained across said right
OF way five (5) feet below the flow line
OF a six (6) foot concrete arch culvert at
mile post 2797. same TO cross under the
| tracks and through and five (5) feet below
| so as to make said sewer limo seventeen
| (17) feet below the top Of the rail said
sewer line to be laid with twelve (l2) inch
vitrified tile and to cross the right OF way
main track at claiming station 124o7 plus
ass, said crossing being located In Section
Six co., Township Nineteen (19) North,
Range Thirteen (13) East, City Of Tulsa,
Tulsa County. Oklahoma; and :ball be con-
structed, repaired, renewed and maintainee
in q safe, proper and workmanlike nanneri
and, the City OF Tulsa, and those acting
for, or under IL, shall construct, keep anq
maintain said sanitary sewer pips line under
and across said right of way. station
grounds and tracks OF the said Railway
Company at the point hereinafter described
SO that the same will not interfere, either
at the present time, or at any future time.
with the operation and maintenance of tho
said Railway, or become . menace or dan
ger to tho property, or lives, Of the en-
ployees or passengers Of IN. said Receiver,
and said sanitary sewer pipe rfne shall be
placed under and across said right OF way
station grounds and tracks of the said. Ere.
ceiver in q manner satisfactory to the En-.
ginser Of Maintenance Of Way OF said Rc.
ceiver; and provided further. that In the
| construction, maintenance and repair Of saie
sanitary sewer pipe line, the said City of
Tulsa, and all persons engaged or working
under IL, shall not enter upon the premises
Of the said Receiver make any excavations,
lay any OF said pipes or cause any Of said
tenance and repair OF said sanitary sewer
pipe line, except at times ana In . name.
t1atisfactory to tho Envineer Of Maintenance
OF Way OF said Receiver.
Section 8. 1T 10 hereby agreed by ana
between the said City Of Tulsa and the said
Receiver that the said City Of Tulsa will at
all times hereafter indemnify, protect and
hold harmless both the said Railway Com
pany and said Receiver. and their assigns,
from and against any and all claims, do
mands suits actions and causes Of action
arising from or growing out OF any and an
| injuries to or deaths of persons, loss, damage
to or destruction Of property. which may
| be caused by the negligence or defaults OF
| ployees In the construction, maintenance
| operation, repair or renewing Of said san
| itary pipe line.
Section 4. 1t is agreed by said Receiver
! and the said City OF Tulsa that said Re.
ceiver will not uncover said sanitary sewer
pipe line or lower tho grade OF its tracks
at the points where said sanitary sewer
pipe limo crosses under the same without
/ first giving the City OF Tulss . reasonabi.
notice Of its intention TO do so, and said
Receiver agrees not to do or authorize 10
be done any act which would be liable to
injure said sanitary sewer pipe line or In.
terfere with the safe operation and main.
| tensnce thereof, except when such acts arc
necessary in the proper operation, use and
railway by said Receiver, and then only
after q reasonable notice to the City. All
notices provided for In this section shall be
in writing and directed to the Mayor or to
the Commissioner Of Water Works and Sew.
erage Of the City OF Tulsa, oklahoma.
Section s. The said Charles Z. schaff,