The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-05-02
LEGAL

1Pnblished in the Isise e,,,i,shGgrv so,n,
\ pan" P9RirsIrNshScB P99RRiprsINhScB NO. aass.
" An ordinance TO provide TOT the con.
.ffIctIon, maintenance ana repair OF
storm sewer pipe line under and
srross the right-oi,way, ,,,Nsu,,pi ua,apn
srounds and tracks of the missouri; missouri
rnJ Tor other purposes, aud declaring
3tHugWEAs the rlsht-of.way, station
W,nds and tracks Of the Missouri. Kan.
4 Texas Railway company extend
,6rough the limits OF tho City OF Tulsa
"E Ew,eiR&ERRAs. E,eR&RR the city Of Tulsa desires
o., "npstruct, maintain and operate sixty.
t,,t storm sewer pipe line across anu
ds, the rIsstSiSa ksSsss Sss Teaa. ''fSSf railway
r.fnpany In and upon the location here.
natter described and Charles u. schau
as receiver OF the properties OF the Mis-
i. 1iuine to grant said permission upon
the terms and conditions herein named
SOW, THEREFORE; BE IT or.
CSNNiSsIoNERS OF THE CITY
or TULSA, OKLAHOMA;
SECTION l. That IN 1,,,s e9hsideratiohh e. sShof ~
] as receiver OF the properties Of the Mis-
souri,, Kansas & Texas Railway company
being granted to me construction, main MAN,
storm sewer pipe line, and in acknowl-
eiFpment Of the mutual rights, responsi.
trties and duties OF said receiver ana
said railway company and the CITY ot
Tulsa, tho construction, maintenance and
tapslr Of said storm sewer pipe line
undcr and across me SAID Tisht-o,t-way,
y,av company IN said city shall he as pro-
yded IN this ordinance and without ex.
pense by assessment or otherwise to said
railway company or said receiver or saiu
railway company's properties.
SECTION .. The said storm sewer pipe
line shall be constructed and maintained
all
street abuts and ends at the right-of way
line. said point being more particularly
described as follows follow" to-wit; csn,.r lin. q,
the Missouri, Kansas n Texas Rail-
ways main line at Valuation Chain
ing Station 1896 plus 800.
no puried 10 a depth of at least four
80 feet below the top OF the rail- across
nse .sd nsway eompsny dsa except
that where It passes under the tracks
OF said railway company. II shall be
the top OF the rail, and proper catch
basin shall be provided TO take care Of
surface and other drainage on the rail.
way right.of-way and vicinity, and said
sewer pipe line shall be constructed, re-
paired. renewed. and maintained in n
safe proper and workmanlike manner,
and the City OF Tulsa and those acting
for or on its behalf shall construct keep
and maintain said storm sewer pipe line
under and across said right-of-way. sta
ton grounds and tracks OF said railway
company so that the same shall not in
terfere, either at the present time or
at any future time. with the operation
and maintenance of said railway. or be-
come a menace or danger to the prop
erty or lives of the employees or pas
sengers OF said railway or receiver, and
said storm sewer pipe line shall be con-
structed and maintained In n manner
satisfactory to the engineer Of mainte-
nance of way, OF said receiver. and in
0hA RaNN tan aNRta al
and repair thereof. neither the said City
OF Tulsa nor those acting for or under
It, shall enter upon the premises of said
railway company and make any excava-
tions or lay any OF said pipes or cause
any OF said work to be done. except at
times and In a manner satisfactory 10
taid engineer OF maintenance OF way and
under the supervision OF the superin-
tendent Of the receiver, and before any
work shall be done, the final plan and
ted to and approved by the chief en-
gineer OF said receiver.
SECTION g.. 1t is hereby. agreed by
and and bet between s., the said City Of Tulsa and
al all times hereafter indemnify, pro-
tect and hold harmless both the said
railway company and said receiver and
against any and all claims. demands,
ing from or growing out Of any and all
damage 20 or destruction OF property
which may be caused by the negligence
or defaults Of the said City of Tulsa.
is contractors. agents or employees or
those acting for IT in the construction.
m.slntenanoe: renewal, repair and opera
ton OF said storm sewer ripe line.
SECTION 4. 1t Is agreed between
SAID receiver and said City OF Tulsa
that said receiver will not uncover said
ntorm sewer pipe line or lower the grade
OF It's tracks at the point where the
said pipe line crosses under the same
without first giving tho said City of
Iulsa reasonable notice OF its in.
ehton 10 do so. and said receiver
agrees not TO do or authorize 10 bo
gone gone any act which would be liable TO
;ni ;;niure SAID storm sewer pipe line or
interfere with the safe operation ami
maintenance thereof, except when such
. se,s are necessary in tho proper opera
toh, use and maintenance OF said right
miway and track and railway. and then
eniy after a reasonable notice to said
q, All notices provided for in this sec-
,h ioh .nsll be In writing and directed to |
'"' mayor or the Commissioner of Wa