The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-01-19
MRS. FRANK SEAMAN.
gTTY AUDITOR


%Ssaq 5.a@ay 5 & ss Sss To;S World pay FaoSIas E1Is
ORDINANCE NO. e2t.
An Ordinance TO provide for the
construction, maintenance and repair
uf water pipeline under and across
the right Of way, station grounds, and
tracks Of tho Missouri. Kansas q
Texas Railway company. and Tor other
purposes. and declaring an emergency
WHEREAS, The right Of way, station
grounds and tracks Of the Missouri Kan.
sas & Texas Railway company cNteud
through tho limits OF the city Of Tulsa,
wHEREAs. Tho city Of Tulsa desires to
construct, maintain and operate an eight
90 inch water pipeline across ana under
the right Of way and tracks of said rHll
way company In and upon the location
Schaff, as receiver Of the properties Of
said railway company Is willing 10 grant
said permission upon the terms and condi-
Now. THEREFoRE, nE IT OR.
DAIIiNSIE;pn. ny THE ~, b4QhtEp ,g4H
or TULSA. OKLAHOMA:
SECTION 4 That In confederation Of
the permission OF said charles u. Schaf,
souri,. Kansas & TCNas Railway company,
being granted To the construction, main
tenance and r"pair OF said water pipeline,
Bnd In acknowledgement OF the mutual
rights. responsibilities and duties Of said
receiver and said railway company and
the city OF Tulsa, tho construction main
tenanCe and repair of said water pipeline
under and across the said right of way.
station grounds ana tracks Of said rail-
way company In said city shall be as
provided Ia this ordinance.
SECTION ? said water pipeline shall
be constructed and maintained across said
right Of way at tho following described
EAST ELEVENTH and Missouri
Kansas 4 Texas Railway crossing
and shall be Of heavy galvanized iron
material and double casCd and buried 20
a depth Of at least eight tD feet below
the. surface of the ground across ne
of said railway company, except that
whcro II passes under the tracks Of said
railway company Il shan be buried 10
Of the rail and said water pipeline shah
be constructed, repaired, renewed and
maniiito taii ,''T mrnnea. and and he City of TGSa
and those acting for or on its bchalf
shall construct keep and maintain said
water pipeline under ana across said
right Of way station grounds and tracks
uf said railway company 80 that the same
shall not Interfere. either at the present
time or at any future time, with tho
operation ana maintonaBce Of said rail-
way or become menace or danger 10
the property or lives ~ the employees or
passengers ~ said railway or receiver,
and said water plprlino shall be con-
structed ann maintained IN manner
satisfactory 20 the engineer maintcnanc
OF way Of said receiver, ana In the con-
struction. maintenance, renewal ana re-
pair thereof neither the said city Of
Tulsa nor those acting for or under n,
shall enter upon the premises Of said
railway company or make any excavation
OF lay any Of salu pipes or cause any Of
said work 20 be done, except at times
and In q manner satisfactory TO said On
gineer Of maintenance of way.
SECTION 9. n II hereby agreed by and
betv ten the said city OF Tulsa and the
said receiver that the said city Will at
All times hereafter indemnify. protect.
and hold harmless both the said railway
company and said receiver and their
successors and assigns from ana against
any and an claims, demands, suits, actions
and causes Of action arising from or
growing out Of any and all Injuries 10
or deaths Of persons, loss, damage 10 or
obstruction Of property which may be-
caused by the negligence or defaults of
the said city Of Tulsa, its contractors.
agents or employees, or those acting for
Il In the construction, maintenance, re-
newal, repair ana operation Of said water
SECTION 4: II is agreed between said
receiver and said Guy Of Tulsa that said
receiver will not uncover said water pipe
line or lower the grade Of It's tracks at
the point where tho said pipeline crosses
under the same without first giving the
! CITY uf Tulsa a reasonable notice Of his
intention 20 do 30, ana said receiver
agrees not 10 do or authorize to be done
any act which would be- liable 10 inlure
| said water pipeline or interfere with the
safe operation ana maintenance thereof.
except when such acts are necessary In