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HomeMy WebLinkAbout00475OPDINANCS NO 475 An ordinance granting the right of way to theDenver and Rio Grande Rail - Road Company to Construct., operate and maintain a certain railroad track., with necessary switches etc, in certain portions of the City of Pueblo. Be it ordained by the City Council of the City of Pueblo. Section 1. That whereas, the owners of more than one half of the lands and lots a- butting on the streets and alleys here in after mentioned have consented in writing to the passage of this ordinance; Now therefore then is hereby given and granted to the Denver and Rio Grande Railroad company its successors and assigns., the right to lay down construct maintain and operate a single track railroad, with the necessary sidetracks to be operated by steam along the following line and route in the City of Pueblo to wits - Begining at a point where the alley in Block one hundred and twenty -six (126) in the former town of South Pueblo now a part of the City of Pueblo intersects with South Union Avenue in said City of Pueblo; thence in a general Southeasterly direction through over and along the alleys in Blocks one hundred twenty -six (126) one hundred thirty -six (136) one hundred forty -six (146) one hundred fifty -six (156) and one hundred sixty -six (166) in said South Pueblo and over and across all intervening streeta between said blocks and continuing from the point where the alley in said Block one hundred sixty -six (166) intersecta with Jefferson street across said Jefferson Street and from thence in a general Easterly direction ever and across all intervening street and alleys to wit; Across Abriendo Avenue Elm Street Box ceder Street., Currie Avenge., Eldorado Street and Railway Avenue; also across tha Alleys in Blocks Nine (9) and ten(10) in Van Kuven and Vassaults Subdivision and the Alleys in Blocks one (1) two (2) and three (3) in Ellwell and Smiths subdivision to the point where the line of railway and track hereby authorized to be constructed shall intersect the present constructed and operated main track of said The Denver and Rio Grande Railroad Company. Section 2. The said Denver and Rio Grande Railroad Company, its successors and assigns shall also have the right to construct maintain and operate its said line of railroad over and upon any private property which the line of railroad here- by authorized may cross between the initial and terminal point thereof des - cribedin Section 1 of this ordinance, whenever the said Railroad company shall acquire the right to lay and maintain stch trakcs upon said private property either by agreement with the owner or owners thereof, or by condemnation prodeedings in conformity with the provisions of the Statutes of the State of Colorado in such case made and provided. Section 3. The said Railway Company its successors and assigns shall never at any time use said realway toack or my part thereof as a storage track, and no cars whether loaded or empty shall be permitted to stand on said track for a longer period of time than is absplutely necessary to unload or load said cars, Section4, The sAid line of railway shall be constructed so as to conform to the present grade of the streets and alleys and planked up on a level with the streets and alleys for the full width thereof and in the event of a change in the grade of any of the streets and alleys said realway track shall be raised or lowered as`+the case may be so as to conform to said grade. Said railway shall planked between the rails with one plank on the outside of each rail at all street crossings for the fiLU kidtlf.of said street and to the height of the rail. All water ways shall be bridged ans suitable culverts put in and kept in repair at all points where the same may be ordered by the City Council; and before commencing the construction thereof the said Railroad Company shall procure grades to all streets and alleys. Section 5. The Denver and Rio Grande Railway Company shall within thirty days from the passage of this ordinance file its written acceptance of the terms and conditions therein contained; which shall contain among other things the S t � 0 stipulation that the Denver and Rio Grande Railway Company its Successors and assigns shall and will nave and keep harmless and protect the City from any and all damages which may accrue to it the said city of Pueblo by reason of the bringing of any action against said City by any individual or corporation for damages accasioned by the building., operation and maintainance of said railway track,, and also contain the further stipualtion that the said Railway Company its successors or assigns will within a reasonalble time commence the construction of said line of railway and have the same completed along the lines indicated by this franchise within six months from the date of acceptance as afore said and in the event of its failure to have the sa a completed within the time last aforesaid the said franchise shall be null., v &id and of none effect. Passed and approved March 25th A.D. 1895 Attest C.E. Ross City Approved Mayor