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1960 Resolutions
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1959, 1960 & 1961
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1960 Resolutions
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Last modified
5/21/2003 7:55:07 PM
Creation date
6/22/2001 7:48:00 PM
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Ord/Resolutions
Year
1960
Ord/Resolutions - Type
Resolutions
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-2- <br /> <br />(SEAL) <br /> <br /> 5. No tax assessment or levy of any kind shall be made against Railroad, <br />nor expenditure required of Railroad. on account of the construction work per- <br />formed by City in connection with the said crossing. <br /> <br /> 6. City will indemnify Railroad and save it harmless from all liability, loss, <br />cost or expense which Railroad may incur, or which may be sought to be imposed upon <br />Railroad, as a result of the faulty construction and maintenace of that portion of <br />the street on Railroad's right of way which City is obligated ~o construct and main- <br />tain hereunder. <br /> <br /> City will also indemnify Railroad from all liability, loss, cos~ and expense <br />ariszng as a result of koss or damage zo proper~y or equipment o~ City used in the <br />construction, improvement and maintenace of said street and crossing, or arising <br />as a result of injury or death ~o employees of City, excepL where such injury or <br />death is due to the sole negligence of Railroad. <br /> <br /> 7. Should it become necessary to install automatic train approach warning <br />signals at the crossing now or at any time in the future, the actual cost of such <br />installation shall be at the entire expense of the City, the estimated cos~ being <br />$11,964.00. City will also, at its expense, maintain the said signals~ <br /> <br /> 8. Other tracks may, if Railroad so desires, be constructed across the said <br />street within the limits of Railroad's right of way and the cost of any s~ree~ re- <br />pair or restoration work made necessary as a result of any such track crossings <br />shall be borne by City. Railroad will no% be required to bear the cost of any <br />drainage facilities of any character whatever installed on account of such track <br />crossings which may hereafter be made. <br /> <br /> 9o City shall have no right hereunder to construct, maintain or operate, nor <br />to permit or authorize others to construcT, maintain or operate, electric, telephone <br />or other wires or poles, or gas, water, sewer or other pipes, mains or conduits, or <br />tracks or other facitites of any kind, upon, over or beneath said street permitted <br />to be constructed hereunder. <br /> <br /> 10. In so far as the stree~ and crossing are concerned, the privilege herein <br />granted is for use of said right of way and property for street purposes only, and <br />should any part thereof at any time cease to be used for such purposes, the privi- <br />lege herein granted shall revert to Railroad and City will, if Railroad so requires, <br />restore its property to its former condition. <br /> <br /> IN TESTIMONY %%7~EREOF. the parties hereto have caused these presents to be duly <br />signed and sealed, the day and year first above written. <br /> <br />Attest: SEABOARD AIR LINE RAILROAD COMPANY, <br /> <br />Secretary. By <br /> <br />Vice-President <br /> <br />Witnesses as to Railroad: <br /> <br />koEAL) <br /> <br />Attest: <br /> <br /> Clerk. <br />Witnesses as to City. <br /> <br />CITY OF PORTSUOUTH, <br />By <br /> <br />Mayor. <br /> <br /> <br />
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