HomeMy WebLinkAboutORDINANCE NO. 255 RIGHT OF WAY - SIGNED
ORDINANCE NO. 255.
AN ORDINANCE CREATING A RIGHT OF WAY ro THE OREGON SHORT LINE RAILROAD
COMPANY AND PRESCRIBING THE CONDITIONS UNDER WHICH SUCH RIGHT OF WAY IS GRANTED.
Be it Ordained by the Mayor and City Council of the City of Rexburg, Idaho.
Section 1. That a Right of Way is dedicated and hereby granted unto the Oregon Short
Line Railroad Company, a corporation, its successors and assigns, for use for its
railroad across First North Street between Second and Third West Streets of said City,
as per the recorded plat thereof, said right of way to be a strip known as the Miller
Brother's spur 17 feet wide across said street for the extension of its present spur
which is now constructed west of the Miller Brothers elevators, as shown by said
attached Map - Which is made a part of this ordinance, Said Right of Way to be for the
duration of 99 years.
Sec. 2. The grant hereinbefore made, is subject to the following conditions:
Railroad tract shall be laid on such grades as the same are now or may hereafter be
established by the City Council. The water courses of said street should be left and
kept free and unobstructed, and good orossings at the grade of said tract shall be
made and maintained by said Railroad Company. The said Railroad Company shall plank
between said rails on said streets crossing. Said planking to be for the full width of
the streets and sidewalk, and even with the track.
Sec. 3. That the City of Rexburg shall in no way be liable or responsible for any
accident or damage that may oocur in the construction or operation of said railroad
by reason of the fault, misconduct or negligence of the said grantee, its sucoessors
and assigns, or their employes, and the acceptance of this grant shall be deemed an
agreement on the part of said grantee for itself, its sucoessors and assigns, to have
the said City of the free from all liability, loss, expense and damage of any nature
arising out of any such fault, misconduct or negligence.
Sec. 4. Nothing in this ordinance shall be so construed as to give the Oregon Short
Line Railroad Company, its successors and assigns, the right to close any of the streets
within the corporate limits of the City of Rexburg, from public traffic or to prohibit
the City Council from granting any other corporation or association the right to build
a railroad that shall intersect or cross the tracts of the said Oregon Short Line Railroad Company.
Passed and Approved this 15th day of July, 1920.
John L. Ballif, Mayor
Attest ·
Ray D. Garner, City Clerk