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HomeMy WebLinkAboutOrdinance 25- 549, Granting to Railroad Company Right to Construct Track Across and Along Parts of Oak Street .. ..:',_._~' '.' ,. . :.. - ~_. 13 , ORDINANCE NO. 549. Repaslad by Ord:nno~a NOI~~f~" AN ORDINANCE GRANTING TO THE CHICAGO, MILWAUKEE & ST. PAUL RAILiffAY COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT, EQUIP, MAUIT AIN AND OPERATE A RAIL- ROAD TRACK ACROSS AND ALONG CERTAIN PORTIONS OF OAK STREET IN THE CITY OF BOZEMAN, MONT ANA. I BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Sec. 1. That whereas, the Chicago, Milwaukee & st. Paul Railway Company, a corporation (hereinafter called "The Company") now has a Rail- way track or switch which uses certain portions of Oak Street as pro vided by Ordinance No. 541 of the City of Bozeman, and whereas, said Company de- si~es to construct a continuation of said switch or track from the terminus , , of its present location at or near the intersection of Black Avenue North with said Oak Street in a westerly direction along said Oak Street to the intersection of Third Avenue North with Oak Street, for the purpose of / serving the Pea Cannery and other industries which may hereafter be con- structed, maintained or operated adjacent to said Oak Street; -And whereas, the property, business and affairs of said Company are at present in the hands and under the control of the United States Federal Court and more particularly of H.E. Byram, Mark W. Potter1and Edward 3". Brundage, Receivers appointed by Federal Courts in each Federal Judicial Circuit in which the properties of said Company were located on I the 18th day of March, 1925~ "'~ . ,", Sec. 2. That there is hereby granted to said Company, its suc- cessors and assigns, and the Receivers thereof, their successors and as- signs as such Receivers, the authority, right and privilege to build, con2 struct, equip, maintain and operate a Railroad. track with switches and spurs . ; over, across and along Oak Street from a point on said Oak Street where the east line of Black Avenue North, if extended, would cross said Oak Street, thence westerly on said Oak Street to the east line of Third Avenue North. Sec. 3. That said Company, its successors and assigns, are here- by granted the privilege to operate said Railway line by electric or steam power, or any other power mich will not materially interfere with the ordinary uses of said streets, avenues and alleys, pro vided that in case said Company elects to construct, equip and operate said Railway line elec- trically, then it shall have the right to place, erect and secure the poles, , columns, wires and other appliances which may be required in the construction and maintenance of said line and for operating the same, provide~ however, ,I- I that the said Company shall set such poles or posts under the direction and superviSion of the City Council, City Commission, or of the City Engineer."..~}' "1;&;,; and that the setting of such poles and posts shall in a'll respects conform tol"'\/{" the provisions of Ordinances now in force or vdlich may hereafter be passed '" by the said City Councilor the said City Commission regulating the placing of such poles or posts, and place the wires thereonlrd naintain the SaJDe in ., ',I' .., 14 good order and condition, 80 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 wi th the flow of water in any gutter or drain . in said Ci ty and the points of location of said poles and posts shall be determined by the City Council, the City Commission, or the City Engineer, I and provided further, that the City of Bozeman expressly ~eserves the right to order and enforce the removal or change of location of any and all poles or posts erected by virtue of the provisions of this Ordinance whenever the City Councilor City Commission shall conside~ that such re- moval or change of location is necessary for the purpose of opening or widening streets or alleys or for the purpose of making any improvements of a pUblic or pri vate character and such change of locati on or removal shall be made at the expense of the Company, or its assigns in interest. Sec. 4. That said Company shall construct and lay said track hereunder upon the established grade or grades of said streets and alleys, if there is such; and in case the grade has not been established, the same shall be so established by the City Engineer before said track is laid; and in case the established grade. of said streets or alleys UDon which the said track has been laidcis changed, then the said Company, or ita assigns, shall raise or lower sueh track to conform to the reconstructed grade at his or their expense. I .. Sec. 5. The said Company, or its assigns, shall save the City of Bozeman harmless and innocent of any damages sustained by any person, Association or Corporation by reason of the construction and operation of said Railway line or switch. Sec. 6. The City of Bozeman hereby reserves the right to it- self and to persons and Companies having authority from said Cify to use laid st~eets and alleys and to take up the track and to remove the rails or lines or other equipment for the purpose of laying or replil.iring water pipes, gas pipes, electric light wires, telegraph, telephone or alarm wires, or for any purpose that may be deemed necessary by the City Coun- cil or City Commission without any liability to the Company or its assigns opera.ting said Railway, on account of interruption of business, and with- out expense or cost to it; provided, 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 Ci ty or persons or Company ta..1cing up and removing -the same, t as soon as possible, and placed in as good condition as when the same was taken up and removed; provided, however, that the City, pS'tfsona, or C vintel).'\;in\ to. remoV1;b .ort diQiturb fYtYt tract\; .shalJL .!tivet tlt,b C~m~ny, ompan~ or s sSlgns, lr y ays wrl en no lce prr roe 1 e :/ "I when it, or they, will commence work and any track shall be removed or replaced under the direction and supervision of said Company and its . .. , , -i I r .- l,f) > , . assigns and any person or ASSDciat10,n.orCorporation, except the City, disturbing said track shall give 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' I not be disturbed. Sec. 7. The said Company is h~eby authorized to use said Rail- \ way 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 street.s and alleys where said track is located and to that end no cars or other equi.pment shall be left standing o.r remain upon said streets or alley f.ora peril~~onger than five minutes... And provided further that the granting of thi'1f.igl1t, license or privilege to construct said Railroad track and spurs shall not be an exclusive right or franchise, but the City reserves uhto itself the right to grant other Companies" per- sons or Associations a like or similar pr).vi1ege; and provided further that any other Railroad Company or Companies shall have the right of switching on to and using said track or tracks or spurs and switches for which this privilege is granted. upon such terms and at sucj\ates as may be agreed upon' by the said ChicagQ'l:, Milwaukee & St. Paul R.wayCompany, the Receiv- \ ': i;.- ers thereof, or their, successors or assigns, and said Company or Companies, I :': . or which, in the event of a disagreement as to'such rates or, terms, may be fixed and determined by the Board of Railroad Commissioners of the State of .' } Montana. , '\ Sec. 8. That whenever any of the Streets or Avenues occupied by said track, 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 Councilor City Commission for other paving on said Streets, Avenues or Alleys, pave 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 vavements or other improvement in good order and condition I to the satisfa~tion of the said City Councilor City ConunisQion. .1 Sec. 9. That the spac es between the rat Is of all swi tch he.ads and turn outs on said line sha.l1 be planked or gravelled to ,the level~of' . the top of the rails and there shall be at least one plank .'on the outs ide - . of each rail from the point of the switch or head block to sUch point as such swi tch or turn out may reach in crossing any alley or aJ.enu~;:, ,~d such , ... , .. .,/- planking or gravel fill shall be maintained at the level of th~tops of ,t- ,,- such rails and all approaches to truck 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 I 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 switch points. No switch stand shall be erected or maintained on any of said streets, avenues or alleys between the curb lines of such streets, avenues, or alleys. .,., Sec. lO. That said Company shall, under the direction of the City Engineer, at its own expense, grade and fill that portion of Oak Street occupied by said track, switch and spurs, for Which this fran- chise is granted, immediately upon the construction of said track and shall, within ninety days after being ordered by the City Commission or City Council of said City of Bozeman, at the Company's expense and free of charge to said City, cover said Oak Street to a depth of six inches with crushed rock as designated by the City Engineer of said City, and should said Company fail to do or perform any of the requirements in this Section provided, as herein provided, then this privilege or franchise shall terminate and be of no further force or effect. I Sec. 11. Said Company shall, when required by the City Council or the City Commission. light said Railroad track on the streets and ,"' alleys occupied by the same and shall maintain all necessary fixtures - and apparatus for such necessary lighting at its own expense. when re- quired by said City Commission. Sec. 12. That the said Company shall pay all costs and expense of the pUblication of this Ordinance, or any other costs and expenses that may be attached thereto by reason of the granting of this Ordinance. Sec. 13. Said Company shall, wi thin th irty days from the pass- age and adoption of this Ordinance, file with the City Clerk of the City of Bozeman its acceptance of the same and upon acceptance of the same, this Ordinance ahall be in full force and effect, othennee, it shall be null and void. Passed April 23, 1925. A1"~/~ \ Attest: ayor. I ..' , ~~4--AJ?l:iA/ C"l~r~~o theC.onunlssion. - . - .. '. - , "'- " - : ... .,..,...... - '. , , -. . , " , ,- .... ." I