The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-04-18
LEGAL

LEGAL
grounds. and promises Of the Missouri.
Kansas a Texas Railway Company extend
through the city Of Tulsa, Oklahoma and
20 construct and 10 maintain, and oper-
ate storm sewer pipeline ana an eight
OD inch sanitary sewer pipeline upon and
along the right OF way, station grounds.
In and upon the location hereinafter de-
scribed, and Charles v. Schaf as Re.
ceivor of tho properties of the taid Rail-
way Company is willing 70 grant said
pernnission upon the terms and conditions
herein named
now. THEREFORE,. NE 1T or.
DAiNEDABY THE BOARD or COMMIs-
sIoNEHs or TDE CITY OF TUBA
Section .. That IN consideration Of the
permission Of said Charles y. schaf. as
Receiver of the properties Of the Missouri.
Kansas Texas Railway Company. being
granted to the construction. maintenance.
and repair ~ said storm sewer pipeline
and said s.lnch sanitary sewer pipeline,
and In acknowledgements Of the mutual
riRhts, responsibilities. and duties OF said
Receiver and said Railway Company. and
mo tity " Tulsa. the construction, main
teuaucc, and repair OF said pipelines upon
end along The said right Of way station
grounds, and premises ~ said Railway
Company. In said city of Tulsa. shall be
~ provided IN this Ordinance. and without
expense BY assessment or otherwise TO said
Hhuway Company, or said Receiver, or
said Railway Compauy's properties
Section 2. The Said pipelines shall be
constructed and maintained upon and
along said right Of way, station grounds
and promises, ~ the following described
location, t0.wit.
Just inside ana within five t6) feet %
the Northefly rlght Of way line of tho
Missouri, Kansas a Texas Railway. Said
inches below the sub. grado of the rail-.
way. and said s.iuch sanitary sewer pipe
Inc 70 DO placed below said storm sewer
pipeline, said pipelines being parallel to
The aforesaid right of way line on tho
railway and extending from a point oppo-
site the alleyway between Union Avenue
and Vancouver Avenue west TO the cen
ter OF Waco Avenue. a distance Of bt2
feet, more or less, tho said storm sewer
pipeline 10 be OF 2i-lnch vitrlfied sowor
pipe material from point OF entry on
right Of way opposite aiicyway between
Union Avenue and Vancouver Avenue t.
the center line of Vancouver Avenue. and
OF SO.lnch vltrlfled sower pipe material
from the center line OF Vancouver Avenue
10 point ~ leaving right ~ way. near
Waco Avenue, and be buried TO a depth
Of Ht least three feet below the surface
of tho ground along the entire right Of
way, station grounds. and premises OF said
railway company ana the said inch
sanitary sewer pipeline shall be placed
below the said storm sewer pipeline, and
said pipelines shall bo constructed re-
SAFE, proper, and workmanliko manner,
and the city Of Tulsa. and those acting
Tor or In lts behalf, shall construct, keep
aud maintain said pipeiincs upon and
along said right Of way, station grounds
and premises Of said Railway Company
80 that tho same shall not Interfere.
eiher ~ tho present time. or at any
future time, with the operation and
maintenance o. said railway, or become
a menace or danger to tho property or
lives of the employees or passenRsrs OF
sald hallway Company or Receiver.
Section 2. 10 is further underatood and
agreed that the plans governing the d.
mohslons. design ana grade OF, and as
attecting said pipelines shall be approved.
from an engineering standpoint. BY the
chief Engineer Of said Receiver prior to
the actual beginning OF construction OF
HAld pipelines on said right ~ way. and
that SAID pipelines shall be conatructcd
and maintained IN manner satisfactory
70 tho Chicf Engineer OF said Receiver
and said Railway Company. ana In the
construction. maintenance. renewal. and
repair thereof neither the said city OF
Tulsa, nor those acting for or under n
shall enter upon tho premises Of said
Halfway Company, or make any oxcava-
uon or lay any ot said pipe or cause any
OF said work to be done except al times
and In a manner satisfactory to the said
Chiet Engineer OF said Receiver and said
Railway Company.
Section 4. II Is hereby agreed that any
changes IN said storm sewer pipeline or
said sanitary sewer pipeline made neces-
sary by reason Of the operation OF said
railway shall be at the expense Of tho
tuffnFT
agreed by and between the city Of Tulsa
ana the said Receiver. that tho City Will
at all times hereafter Indemnity. protect,
ana hold harmless both the Railway
company, and said Receiver. and their
successors and lsssigns from aud against
any ana all claims, demands. suits, ac-
tons and causes Of action arising from
or groNlng out OF any and all injuries
to or deaths OF persons, loss, damage 10
or destruction Of property which may be
caused by the negligence or default Of said
city. It's contractors, agents. or employees,
or whose acting for II In the construction.
maintenance, renewal repair. and opera
tlon OF said pipelines. or either Of them.
Section s.; II is agreed between said
Receiver and said city that said Receiver
will not uncover said pipelines, or either
OF them, without first giving tho City
reasonable notice OF his intention to do
so and said Receiver agrees not TO do or
authorize To be done any act which would
be liable 10 iniure said pipelines. or either
OF them or Interfere with the safe opera
ton and maintenance thereof. except
when such acts are necessary in the
proper operation, use. and maintenance
of said raolroad and right OF way and
then only after reasonable notice TO said
All notices provided for In this section
shall be In whiting and directed to the
Mayor or the Commissioner OF Water
Works and Sewerage Of the city OF Tulsa,
Oklahoma.
Section s. The written acceptance Of
this ordinance. on the part OF said Re-
celver acting through hts General Mana.
ger, shall he filed with the city Auditor
OF tho city OF Tulsa, Oklahoma.
section 7. Ordinance No, 2259, passed
and approved BY the Mayor ana the
| BOARD OF Commissioners Of the city nj
! Tulsa, on January ian. 1893, and Ordl,
/ nance No. 22sS. passed and M,
| proved by the said Mayor and Hoard ol
| Commissioners OF March 2ith, i922 and
all ordinances and resolutions In conflict
or inconsistent with tho provisions hereof
are hereby expressly repealed.
| Section =. An emergency Ia hereby de
| clarcd TO exist. for the preservation o
lthe public peace, health, and safety. ant
the public welfare, by reason whereof
this ordinance shall take effect from ant
after its passage. approval aud publica
tion.
Passed and the emergency clause rule,
on separately and approved this iith da!
OF April ls22.
II. u. EVANS.
! Mayor.
ATTEST; MRS FRANK SEAMAN.
| city Auditor.
APPROVED; FRANK Il. DUNCAN,
city Attorney.
| u'ubllahed In the Tulsa Daily worl,
| April Is, 10. 2O 1899, world Publishing
| ORDINANCE NO. 22sp
An Ordinance to apportlon. levy and
aHHeas the cost of improving por-