HomeMy WebLinkAboutOrdinance 218 Ordinance No . PIS .
An ORDhMU CE to define the location of Center street
where of passes under the Frisco tracks , and to provide for the
enlargemen `, of the under crossing at said point ;
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'Whereas , the St . Louis and San FrAEcisco Railroad
Company denies that the Cityn of Fayetteville has any legal
authority to compel it to enlarge or change the under crossing
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at Center street in the '' ity of Fayetteville at its own expense
but nevertheless is :,Tilling to mace the enlargement , with the
understandingthat it is not tc be nut to any furthet expense
or greater expense in changing or enlarging the same within
a period of twentyfive ( 25 ) years ; and
";heras , the I- ocation of the street across the right
of way of the Frisco at this joint has heretofore been uncertain :
1701N . THEREFORFa , be it Prd&ined by the City Council j
of the City of Fayetteville : -
First : That the north boundary of Center street
where it crosses the Frisco right of way , is and shall be a line
due west and east from the furthetoest point south of the main
face of the north pier as now located ; and that the south line
Nil of said street shall be and is hereby declared to be fifty feet
( 50 ) south of the line above described .
Second . The St . Louis and San Francisco Railroad
Company is hereby required to leave the present opening , and
the south pier of the presenr opening , and . to construct south
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of the said south peir an opening of one span thirty five ( 35 )
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in width in the clear at the wagon road , extending from the
south side of the present south pier southward .
Third . That thesaid change in said opening be made
within ten ( IO ) months from the passage of this ordinance .
Fourth . That the City of Fayetteville , hereby
guarentees to the St . Louis and San Franciscec Railroad Company
that in consideration of its enlargeing and maintaining the p
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rsame , that the said city shall not require the said under
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crossing to be enlarged removed or changed , for a period of twenty
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five years ( 25 ) and that it will indemnify the said Railroad
Company from being required from any other source to enlarge
change or remove the same ,°A thin the said period of time .
Fifth . That this ordinance shall take effect
upon the St . Louis and :an Francisco Railroad Comcany filing
its exceptance of the terms thereof with the City Recorder
at any time within thirty ( 30 ) days from and after its passage .
passed and approved this 27th day of I,iay , 1907 .
Attest : Approved .
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Clerk . IVIayor .
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