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HomeMy WebLinkAbout012 - 09/26/1910 - ESTABLISHING THE OFFICIAL GRADE OF COLLEGE AVENUE FROM THE INTERSECTION OF MAPLE STREET AND JEFFERSO ORDINANCE NO �°� SERIES OF 1910 AN ORDINANCE ESTABLISHING THE OFFICIAL GRADE OF COLLEGE AVENUE FROM THE INTERSECTION OF MAPLE STREET AND JEFFERSON STREET WITH COLLEGE AVENUE TO THE INTERSECTION OF CHERRY STREET WITH COLLEGE AVENUE, IN THE CITY OF FORT COLLINS COLORADO WHEREAS Heretofore and to to-wit, the / C/ day of 1909 the City of tort Collins did pass and adopt a certain ordinance granting unto the Union Pacific Railroad Company the right and authority to use certain streets for railroad purposes and to lay railroad tracks upon the same and WHEREAS The Union Pacific Railroad Company has applied to the City Council of the City of Port Collins to change the official grade of College Avenue between the limits hereinafter spedified in order that the said railroad company may be better able to construct its toad bed and track along and over the said street, and has in said application offered to indemnify the said City of Fort Collins, Colorado, for and on account of any claims for damages which may arise in favor of abutting property owners ag&inst the said city on account of the said change of grade Now Therefore BE IR ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT COLLINS, COLORADO: Section 1 That the official grade of College Avenue from and including the place of intersection of College Avenue with Maple Street and Jefferson Street to and including the intersection of Cherry Street with said College Avenue, be established at an elevation of 94 51 feet Fort Collins datum, and that said grade is hereby adopted as the official grade of said College Avenue at and between said places of intersection for the vole of such distance Section 2 Immediately upon the passage of this Ordinance it shall be the duty of the Mayor to affix his signature, attested by the signature of the Clerk and the Corporate Seal of said City, to a profxleL map correctly showing the grade above established, and it is hereby made the duty of the Engineer of 1 =► -2- of said City to receive and file such profile map with other similar records of his department Section 3 Union Pacific Railroad Company in consideration of the passage of this ordinance does agree to indemnify and hold harmless the said City of Fort golline against any ,judgments which may be obtained in favor of any abutting property owners for and on account bif the change of grade hereinabove ordered In the event any suits shall be instituted against the said city by abutters on account of said change, the City of Fort Collins will call upon the Union Pacific Railroad Company to defend the same Section 4 This ordinance shall become effective only in the event Vie Union Pacific Railroad Company shall file in the office of the City Clerk its acceptance of the terns hereof Passed and adopted, signed and approved, this 26th day of September 1910 /s/ Myron H Akin Mayor ATTEST: _ /s/Robert Fedder City Clerk