HomeMy WebLinkAboutOrdinance 24- 541, Grants Railway Company Right to Build Railroad Track Across Montana Avenue, the Alley in Block 2 and Along Portions of Oak Street All in Imes' Addition
496
~~r
.. ,___,.. ._d. .....,',"",..". ."',_._'~"",',~" l.f."..----"--, ."'.M' n".". ... ....~., ^.. ..,... ..,..,,-~~.'.,',",... '_."
.._"" _.._~-"..,~".".,- ,-, ~~"... ".--."". .... ,~.,',"~..~,. ...._.~.". ~ .' .-....... .~.-. " '-
- ." .,"-~". ~. ,. "~ - ..-. -, n. . _~'..n. .__ ..--- _.. .~"',.,""~ .,--..-. ...__u_n
~~",',~'., . .._'."""'.' ....---~~-_..'," .~,..
~~~,t\
\\, ~~ ~\ I
\'G~%~~~ ORDINANCE NO. 541-
AN ORDINANCE GRANTING THE CHICAGO, MILWAUKEE & ST. PAUL RAILWAY
COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT, EQUIP, MAINTAIN AND
OPERATE A RAILROAD TRACK ACROSS MONTANA AVENUE, TEE ALLEY IN BLOCK
2, AJID ALONG CERTAIN PORTIONS OF OAK STREET, ALL IN lMES' ADDITION
TO THE CITY OF BOZEMAN.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
Section 1. That whereas, the Chicago, Milwaukee & St. Paul Railway Com-
pany, a corporation (hereinafter called "The Company") now has a railway track or
switch which uses certain portions of Rouse Avenue North and serves what is known as
the Cereal Mill. And whereas, said track or switch as now constructed, maintained
and operated by said Company crosses Montana Avenue between Block 1 and Block 2 of I
Imes' Addition to the City of Bozeman about 100 feet South of the South Line of Oak
Street. And whereas, said Company desires to construct a swi tch from said track be-
ginning at the intersection of said track with the East Line of Montana Avenue and
from said point to run in a Westerly direction across said Montana Avenue and" thence
H
in a Northwesterly direction crossing the Alley in Block 2 of Imes' Addition near
the intersection of said Alley with Oak Street and thence Westerly along '"Oak_~l'e~t. '
serving what is known as the Pea Cannery and desires p~rmission for th~ 1).6e,,,,";--: a-a'id
.,i/'"" .......~,._~"..:.:_."...........',. .~.- .
Streets and Alleys mentioned for said purpose. ' , "
Section II. That there is hereby granted to said Company, its successors I
and assigns, the authority, right and privilege to build, construct, equip, maintain
afid operate a Railroad track over and across Montana Avenue, the Alley in Block 2,
and that portion of Oak Street between said Alley and Black Avenue North, all in
Imes' Addition to the City of Bozeman as follows: Beginning at a point on the East
Line of Montana Avenue about 100 feet South of the South Line of Oak Street where the
present track serving the Cereal Mill now intersects with the East Line of said Mon-
tana Avenue, thence running in a Westerly direction across said Montana A~enue;
thence across the Alley in Block 2 of IIDes' Addition to Bozeman at or near the inter-
section of said Alley with Oak Street, thence on Oak: Street in a Westerly direction I
between said Alley and said Block 2 of Imes' Addition to Black Avenue.
Section III. That said Company, its successors and assigns, are hereby
granted the privilege to operate said RailwSlf line by electric or steam power or any
other power which will not materially interfere with the ordinary uses of said
streets ,".?venues and alleys, provided that in CRse said Company elects to construct,
~
equip.-aTtd.Q-perate said Railway line electrically, then it shall have the right to
~ -
" p1..aiS~(~" ~rect --and secure the poles, columns, wires and other appliances which may be
i :-- ,-,:. -" ",,-'
i. ~equ,!~1i~, in the.. construction and maintenance of said line and for operating the
"...., ~ I
same" ~r6,~ed however, that the said Company shall set such poles or posts under
? '
the'Qrrectio~'and supervision of the City Council, City Commission or of the City
Englneer-arfdthat the setting of euch poles and poets shall in all respects conform
'to the provisions of Ordinances now in force or which 'may hereafter be passed by the
-~ - - ---~._.~- Iii 11
"\"":."....._.-'t'~~~ -
497
.....
... -~, .~.,.,. '.."'.'.--. .. ."..- ,,_."~..,"~ "..... -.. ...---.,.,.,.,..... ""''''''.-'.''.'.'..' ,.,~..,." - ..... ._~ ~ -".--',-.---.- ..._.,,_._._.~-_... ....." ..... . ...- .'..r.~'_
.- ...-- ......'"- ~'.".'..'_r' ,~..~. . ~'..... ~ ._~ - ... . ~_.~.- ~ ,-........- --" ,~._~._-
- .. -~~-.........."'--~~..~ - ....^' . "_"._.."""m' ~.,.,n.~ "........."._.. n_.. ".. .;, ~. ~ .,,-..-. .........- . '.".."~. ....". ~'"'..,^ '.'".."..-." "". - .~._....~,..". ........._._".......~^'._..,,'....n'_
I i .'. ~ "
said City Councilor the said City Commission regulating the placing of such poles
or posts, and place the wires thereon and maintain the same in good order and condi-
tion, so as not necessarily to interfere with travel on any Street, Avenue or Alley
in said City; said poles and posts to be so set as not to interfere with the flow
of water in any gutter or drain in said City and the points of location of said
poles and posts shall be determined by the City Council, the City Commission, or the
City Engineer, and provided further, that the City of Bozeman expressly reserves the
right to order and enforce the removal or change of location of any and all poles
I or posts erected by virtue of the provisions of this Ordinance whenever the City
Councilor City Commission shall consider that such removal or change of location is
necessary for the purpose of opening or widening Streets or Alleys or for the pur-
pose of making any, improvements of a public or private character and such change of
location or removal shall be made at the expense of the Company or its assigns in
interest.
Section IV. That said Company shall construct and lay said track here-
under upon the established grade or grades of said Streets and Alleys, if there is
- such; and inmse the grade has not been established, the same shall be so estab-
I lished by the City Engineer before said track is laid; and in case the established
grade of said Streets or Alley upon which the sa.id track has been laid is changed,
then the said Company, or its assigns, shall raise or lower such track to conform
to the reconstructed grade at his or their expense,
Section V. The said Company, or its assigns, shall save the City of
Bozeman harmless and innocent of any (Clamages sustained by any person, Association or
" corporation by reason of the construction and operation of said Railway line or
switch.
Section VI. ,The City of Bozeman hereby reserves the right to itself and
to persons and Companies having authority from said City to use said Streets and
Alleys and to take up the track and to remove the rails or lines or other equipment
for the purpose of laying or repairing water pipes, gas pipes, electric light
wires, telegraph, telephone or alarm wires, or for,any purpose that may be deemed
necessary by the City Councilor City Commission without any liability to the Com-
pany or its assigns operating said Railwa.y, on account of interruption of business,
.t
and without expense or cost to it; provid~ however, that such work shall be done
without unreasonable delay; and provided further that whenever said track is taken
up or removed the same shall, on completion of said work, be relaid by the City or
persons or Company taking up and removing the same, as soon as possible, and placed
, in as good condition as when the same was taken up and removed; provided, however,
that the 'City, persons, or Company intending to remove or distrub any track shall
give the Company, or its assigns, thirty days written notice prior to the time when
- -'~-~""""',"~"""..""1.""
498
-- . n ~.,. .'_ ,"". ...,,_ .. . .~, . ,~, .,..."".-,~~,...~,..-,. ,---.. .~^". ....,,', . .n '''.~_~.'' ___.... ~J" ~,.,..,_._...._~.,~ .._..~.'m, ..~,d_'
~"'-- - U"'_..."N'" ~. ,-,,~~,~""".."..""'.'."-'- ___ r~_ ..... . -- .~, ~ ~~ _0" _.~ . _ _... ".".,~,~,..,.__ ~.._"-' ..- .,~..-, --" .~'''- -, ~-_._-^~-'.'..
,.,.~","""-" ,. . .'-'" -- .~. -. .,.,~~.,."-,,."~" ,. ....... ,.
it or they will commence work and any track ahall be removed or replaced under the I
direction and supervision of said Company and its assigns and any person or associ- I
ation or corporation, except the City, disturbing said track shall giV'e a Bond in
sufficient amount conditioned to pay the costs and expenses of all such removals,
and unless such Bond shall be given, the track or tracks of said Company or its
assigns shall not be distunbed.
Section VII. The said Company is hereby autho:rized to use said Railway
line and cars for the transportation of express and freight, provided however, that
said track or spur shall not be operated so as to prevent travel upon said Streets I
and Alleys where said track is located and to that end no cars or other equipment
shall be left standing or remain upon said Streets or Alley for a period longer
than five minutes.
'"
Section VIII. That whenever ~ny of the Streets or Avenues occupied by
said tracIe, or any part thereof, along or across which said Railway line shall have
been constructed. shall be ordered paved by the City Councilor the City Commission
of this City, ,the said Company or its assigns shall at its or their own expense,
and in the manner and at the time and with the materials required by the City Coun...
cil or City Commission for other paving on said Streets, Avenues or Alleys, pave I
the space between the tracks of said line of Railway so laid on said Street, Avenue
or Alley and for one foot on each side of said track or tracks in accordance with
and under the direction and orders of the said City Councilor City Commission or
its duly authorized representative, and shall keep and maintain at its own expense
all such pavements or-other improvement in good order and condition to the satis-
faction of the said City Councilor City Commission.
Section IX. That the spaces between the rails of all switch heads and ,
turn outs on said line shall be planked or gravelled to the level of the top of the
rails and there shall be at least one plank on the outside of each rail from the
'I
point of the switch or head block to such point as such switch or turn out may reach ' ..
~/ -.
in crossing any Alley or Avenue; and such planking or gravel fill shall be maintained
at the level of the tops of such rails and all approaches to track crossings shall
be put to grade and maintained at grade. The spaces in frogs and between guard
rails and running rails shall be filled ,in or blocked to the level of the lower
edges of the balls of the rails the entire length of the frog or guard rail. The
spaces between switch points and stock or lead rails must be filled in or blocked to
the level of the lower edges of the balls of the rails the entire length of such
-.wi tch points. No switch stand shall be erected or maintained on any of said 1,
!;
Streets, Avenues or Alleys between the curb lines of such Streets, Avenues or Alleys.
"
Section X. The said Company shall, under the direction of the City Engin- J ':
eer, at its own expense, grade and fill that portion of Oak Street occupied by said
track immediately uptin the construction of said track and should it fail so to do
i' .
.,."Tu,.
" '. .',', , " ". , ,"('I.' f.', .'.',',,::',.,.","';'" ".~;),~
. ~.. , .
" ~~ ' '!'./' "::?
<,' t . "
,~~;j *' f.. :' , :. _;":~'
,.'...,"~"-,','~-,."_.~~ ...~.,. ",_..,.. -,-~~ ~.~~, .- :!'f'"'"" .,.~,.. , ._,"'~-,_...~,._-- --- ._~-~.'. '._.~_m_"'" "~'.~_'n._~_'"."_.,~,,.,''' ,..,'''''..~'',.,...'.~
....._'-,...,~. --,,~,.. ~~ ,-,
.~,,-",..' '....~....._,_..~, ".,.- _.~~.".,."".~,~,~~-,,,. ._~... ~~._~"' --..-."..-...... ,~-"-' ",.,,"~.,., .,.,,",.,.,.~''',..''.''. -'~"">. ~.. "',.....",.._...",,-
\, .", ",
\ ""."
'" " t.;;I;";~:
- ::~:::s:e::::l O:e::n:::S a::t:: ::e n:O;::::::..::~d e;;:::: this priVileg~~ I
','. ':~~~fi(f(: "
Se cti on XI. Said Company shall, when rilqu:i,red by the Ci ty Counc il or the
'I', ,\.It,
City Commission, light said Railroad track on tn,e}'Sfreets and Alleys occupied by the
'~
same and shall maintain all necessary fixtures arid~paratus for such necessary
1;1", '
lighting at its own expense when required by eaidClly Commission.
Section XII. That the said Company aha.ll paya:ha. costs and expense of the
. ";,:'. Ii,:
publication of this Ordinance, or any other costs a.nd' expen~B, that may be attached .,."
,. ~:~ ' ,
1~ thereto by reason of the granting of this Ordinance.. ',1 \(.
See ti on XI II . Said Company shall. wi thin thirty', days f~ the. _,pas sag~ and
adopt ion of this Ordinance, file wi th the 01 ty Clerk of the City of ':!o~e:~ 'Its \.
, ' ~ \
acceptance of the same and upon aoceptance of the same this Ordinance shall be': in \
,..,
. full force and effect, otherwise, it shall be null and void." I
" ,
Passed May 8, 1924. ~
"
Approved May 8, 1924.
-1fil
. ........ WM d i&-/J;r:d-<.----
" Ma~or.. ':':':" ,:;, .:." t
~ ' ....,..... "
Attest: _' ,"
~- ....''''''-.: f ,l~:
)'-0 -.'" , ' "
:~ .._ '\'f .." ,l' ';
~~~/J/7~/ _ ' , . of
City Clerk. ~ ",!
"
State of Montana )
ss
County of Gallatin )
I, Walter Davis, Clerk of the Commission of the City of Bozeman, Montana,
:.1,' hereby certify that the :umber and title of the foregoing Ordinance, No. 541' of the
',',' , ' Ci ty of Boz eman, Montana, was published once wi thin ten days after its passage,
to-wi t : ,On the 16th day of May, 1924, in the Bozeman Daily Chronicle, 'a daily
'. newspaper of general circulation printed and published in the City of Bozeman,
· Montana, and that due proof of said publication was made and filed in my office.
IN WITNESS WHEREOF I hereunto ,set my hand and 'the corporate sea~ of said
1 city this 21st day of May, A.D. 1924. _ _.;:.._
I: '....., ........
.
...
Clerk of the' Commi~.........,
..-.~ J,~ '\'
i
,- ..""
i'.
~\;
.,1'
'.'
,.l,
,."'~'" .,._,~,__,_"_,,., .. __ '~~".","".'''' ,~..~." ".,,,. _~"."""',,V'~~~~~_"',. .." ___'.,'. '. .,'.'''''' ."._ _."._ _._M_~_~' .'~'''_'_.'~~',_ "'.._._... ,. ~'..'_'""..,~",",C,,,,,.,,__., .-...-''''-'''." .."" _..._~ ,.,~~-~ ~"."_.._..,,.,-
m"_.. ." ~, . ..,- ~
"~,.,, ... ~.,""," ,..,. -',",""" ..." .'.'.'.~~'~'''' ..".-.-... ,,,",,,.-...---
\ ~
ACCEPI' ANCE
It '.
TO THE HONORABm COMMISSION OF THE CITY OF BOZEMAN :,\1
f
II
Ii
You are hereby notified and informed that the Chicago, Milwaukee It
1;
and St. Paul Railway Company , a Wisconsin corporation, operating an inter- "
state railroad passing thru the 'City of Bozeman and Gallatin County, Montana:
HAS, AND BY THESE PRESENTS DOES, hereby accept the terms, condit1onsi
'I rights , privileges and burdens granted and limi ted by that said ordinance of " ' ',!J!
the City of Bozeman, being Ordinance No. 541, enti tIed 'tan Ordinance granting W ,.,.,;:.:
the Chicago, Milwaukee and St. Paul Railway Company, a corpora ti on ,the right il " Ii:
I
to construct, e quip.', maintain and operate a railroad track across Montana , -I
. Avenue, the alley in Block 2, and along certain portions of Oak Street, all in II
;i
Imes' Addi tion to the C1 ty of Bozeman", which said Ordinance was passed by !i
i
the City Commission of the Ci ty of Bozeman on the 8th day of May, 1924 ',1
,1
. 11
This notificati on is intended to be a formal acceptance of the said' II
Ord~:~e said company in accordance with Section 13 of said Ordinanoe, ;1
<,'.: /\"~-;,,-....~.----.,:,,,,~~ "',..." '~~\.
, ma~ w~nth~:~Y' day's' f~'om the 9assage and adoption of said' Ordinance. I
' '" j,r Very respectfully, ;; ," I"
-~--. -~' , l .' "
" ,..--..:.-,:",- CHICAGO. MILWA1JKIi:E AID) ST. PAUL RAILWAY CO. 'i ..1\
';' ~, ~ . ~ __ :~ )~~t.<
'_ By MURPHY AND WHITLOCK ,; I
_ _ W.L'. MURPHY ,-, ,,'" I!
.", .,
State Solicitors ~
W ~
1! (
'J.j
ii i,i.. ~
Dated at Missoula, Montana, this 5th day of June, 1924. \i "~,
Il
!I
!i
:;
Ii
il
!I
~ '
Sta te of Montana ) ii
ss
County of Galla ti n ).--
I. Walter Davis, Clerk of the Commission of the City of Bozeman,
Montana, hereby certify that the foregoing is a proper and correct &cceptance
-... ~ .
.. of the Chicago, Milwaukee and St. Paul Railway Company of Ordinance No. 541 of
the City of Bozeman, Monta~a.
/,,"'''''''''''~''''\.''''''''''.'.' "'-"" ,.'. ,}
"".-" __," I~{'WITNESS WHEREOF I hereunto set my, hand an,d the corporate se~lJ,."of
-, . \~
. '
~~ ........... "y ^
$a:id Q~y::-this ..J?th day of .June, 1924. ',:
) .... 'I"';'.: F' '.
........,., ,~, ~
~ r ~
" -
~- ~ S~
-' '<,;.::-:-::~~-':"" . ," " ',,', 'A~'~ '
Clerk of the Commission.
-~' -
,..<r., :"l