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HomeMy WebLinkAboutOrdinance 30- 601, Granting Privilege to Number of Railroads to Operate Tracks and Repeals Ordinances 89, 314, 406, 541, 549 and Resolution No. 22 ~'o 235 ~o" ~C'1O\ ~.. ~. 't.J, ~ f~~"'~(\ , yroO ;'p.e<l'l>' ",(\" \t~,~)...\..~'1 q, . ~ .}~~ Il-~a~ *' ~/).k . ~' "~~';'i\\J\';, \ ~ 1 '~\ , . e::.. ..... ""'.,;:VJ, / 1.-\ ' I ..'\.' ~ 'wJ ......:x j~~ t~ '\,l\-' ~ ' .' 1-: t~;;~.~ ,,,,'I VJ .'.' C:S NO.. 601 ...J12 o' . \.. AN ORDINANCE ,GRANTING 'TO THE CHICAGO,:a&:n:Wl.UKD, ST. PAijL AND PACIFIC RAILROAD COMPANY, ITS SUCOESSORS AND ASSIGNS, THERIGm.. PRIVILEGE AND AUTHORITY TO LAY DOWN, CONSTRUCT, MAINTAIN AND OPERATE SUNDRY B4ILROAD TRAOKS IN, ALONG AND AOROSS VARIOUS STREETS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES IN THE orn OF / I BOZEMAN, AND FOR SUOH PURPOSE TO oceu;py AND USE PORTIONS OF SAID STREETS, AVE- ,I.: NUES, ALLEYS AND PUBLIC PUGES; 6ABD REPEALING ORDINANCE NO. 69, PASSED AND APPROVED MARCH 3, 1892, :ORDINAN E NO. 31&, PASSED AND APPROVED DECEMBER 12, 1900, ORDINANCE NO. 406, PASSED AND APPROVED roLY 26, 1910, OBDINANOE NO. 541, PASSED MAY 8, 1924, ORDINANCEdNO. M9, P.AS8ED APRIL 25, 1925, AND RESOLUTION NO. 22, PASSED AND ADOPTED NOVEMBER 16, 1922, GRANTING RIGHTS AND PRIVILEGES WITH RES- PECTTO THE CONSTRUCTION, MAINTENANCE .AND OPERATION OF RAILWAY TRACKS IN, ALONG AND ACROSS CERl'AIN STREETS, AVENUES, ALLEYS' AND PUBLIC PLACES IN THE CITY OF BOZl!W.N. - WHEREAS, by Ordinance No. 89, entitled: "An Ordinanoe grant ing the right and privilege to bUlld,'oonstrt1Qt, equip, maintain and operate street railways in, over, along and upon th~ ,tree's, avenues and alleys of the Oity of Bozeman, Montana," passed ,and approved Jlaroh 3, 1892, which said ordinance was amended by Ordinance No. 314, entitled: "An Ordinanoe amending Seotion Number 2 and Section Number 14 of, and adding two addit1onalseotions, to be known as _ Section Number "4-4~ and Seotion Numb~r nO_Aft, to, Ordinanoe No. 89, entitled: "An Ordinance granting .... right and privilege to build, construct, equip, main- tain and operate street railways, in, over, along and upon the 'streets, avenues and alleys of' the City of' ,Bozeman, Montana, " passe'd and approved December 12, 1905. Ordinance No,. 406 entj.tled: "An 0~G1nanoe granting to the Gallatin I ' c'-- -. . ~ I Valley Electric Railway, its suo....ors and assigns, the right and privilege of orossing and oooup~1ng certatn stre.'~ and alleys in t~e City of Bozeman, at the points and along the lines therein designated and describa4," paned and approved July 26, l~lO; Ordinanoe No. 541, entitled: "An Ordinance granting the Chioago, Milwaukee &. St. Paul Railway Company, a oorporation, the right to .- . . . construot, equip, maintain and operate. a railroad track across Montana Avenue, the alley in Block 2, and along oertain portions of Oak street, all in Imes' Add it ion to the City of Bozeman, pas_ May 'Bt JJilU; Ordinanoe number" 549, ent 1t1ed: "An Ordinanoe granting to the Ch1oe.ge,Jltlwaukee BeSt. Paul Rai1wa7 Company, a oorporation, the right toconstruot, equip, maintaiXL,:.and opera~e a railroad traok across and along certainpQrtioXJ.a of Oak Street, all in the, City of' Bozeman, Montana," passed April 23, 1925; and by Resolution numbered 22, entitled: "A Re~olution ot the C1~.7 Commission of the City of Bozeman, Montana, granting permission to Chioago, Milwaukee &. St. Paul Railway Company to ocoupy with its traoks p~rtlO1l. cd oertain streets within the oorporate I limits of said City of Bozeman," passed and adopted November 16, l-922~ ~he City ofBoze~n, Montana, granttd unto t~e various grantees nwmed in said ordinanoes and resoluti.on, the r~tf pri~~ege and permission to construct, ., equip, maintain, and op.erate Qerta~nrailway tracks ~~n" over, along, aoross and upon various streets, aTe:n~s, aUftya and public places~ in the City of Bozeman; and WHEREAS, pursuant to the aU'E"ority so conferred various railw~y tracks were constructed, maintained and operated over, upon, along and ac.ross .' ..' -i'v .'.'. ~ ,'~ \ ". ". 2':..) 6...'; '""'.1"'.: .:,.,-.,.. ,..~ , ':0 (f<.":f~~." 'p., 'i'1'~: r'~:' ,. .tA11 ~." ,..A'"' "..,'~ certain streets, avenues, alleys and publio plaoes in. said City; and oertain of said traoks are now maintained and operated upon, along, aoross and on \ streets, avenue., alleys and publio places in said oity; am1 WHEREAS, the Grantee herein, Chicago, Milwaukee, St. Paul and Paoifio Railroad Company, a Wisoonsin oorporation, has her.etofore aoquired I........ the title to all of said railway properties now maintained upon, along, aoross and over the streets, ave~ues, alleys and public places in said City \ . of Bozeman, under or pursuant to the provisions of said ordinanoes and resolution; and has suoceededt() all rights and privileges granted by said ordinances and resQ.llltion, not heretofore surrendered or abandoned; and , WHEREAS, the said ordinances and resolution were passed at different times and are not unitorm in their provisions and there are or may be oonflicting . provisions in the terms of said various ordinance.s and resolution; and . WHEREAS, it is desired to oonsolidate the r1ghts, privileges and '.,~ . tranohise~ heretofore granted oy said ordinanoes and resolution; and to provide unttorm terms under whioh the streets, avenues, alleys and public places in said Oity now ocoupied and 'used for railroad purposes pursuant to ,the provisions of any o.t said ordinances and resolution may be used and i oocupied tor railroad purposes by said Chioago, Milwaukee, at . Paul and Pacific Railroad Company; I NOW TIIEREFORE, BE IT ORll.AINED BY THE ClJIMISSION OF THE CITY . .. OF BOZEMAN: . . GRA1'lPP' AND ROUTE Section 1. That there be, and is hereby, granted to the Chicago, Milwaukee, st. Paul and Paoifio Railroad Company, a Wisconsin ~orporation, hereinafter reterred to as the "Railroad Company," ita suocessors and assigns, the right, privilege and authority to lay down, oonstruot, maintain and operate, railways of standard guage, together With~11 ne~e8Bary .witohes, 8idetracks, spur tracks, turnouts, yard tracks, connecting tracks, telegraph and telephone lines, and other appurtenances, and to operate locomotives and oars thereon, along, over, upon and across certain streets, avenues, alleys and public places in the City at Bozeman; and for such purpose to oooupy or use portions of suoh streets, avenues, alleys and publio places, all as hereinafter more partioularly desoribed and limited; all of which rights, privileges and authorities are hereby granted .SUbject to the oonditions, I speoifioations and requirements in this ordinance expressed. .. The general routes of ,the rai,lway line and branohes (but not inoluding switohes, sidings, spurs, yard or oonnootingtracks) which said' railroad company, its sucoessors and assigns, is 'hereby ,.uthorized to lay down, construct, maintain and operate along, over, upon and aoross streets, avenues, alleys and publio places 1~i'aid City of Bozeman, are as follows: , (8.) Along the general route of the main line ot ra.ilroad, of said , " " ... ''::""'' "', .~ , '. ,I Railroa<i:" -c<!.mp.ny) .ae the saine is nOw establi-shea, extending from a point in the , ..,' ",,'.. southerly boundary~ said City of' Bozeman to a point in the northern boundary I of said City; the route of said main traok being further described as follows, to-wit: .1 Beginning at a point on" the south line of West. Lincoln Street, in said oity, said point being in the south city limits of said " oity,- distant approximately 30 feet west of the west line of Willson Avenue, produoed southerly aoross said West Linooln . Street; running thence nort'ht 30 degrees 19' East" approximately 5GO feet, to a point in the east line of Block "Nineteen (le L of Butte Addition to the C1tyo~ J3ozeman, said point being in the east oity limits of said o1ty;running thence northeasterly outside of the l1m1tsof said City of Bozeman, *oa point where the center line of s~id Railroad Company's maintraok as now oonstructed interseots with the north line of Seotion Eighteen (18), Township Two (2), South; of Range Five (0) E., II P II, said point being approx_tel,. 215 reet west of the ,North Quarter corner of sa14 Sect1Gll; :t'IttUlUg 1henoe north, 36 degrees, 40' East, along the centerline of said ma.1Jt traok as now estab- lished, approximately 1920 teet to a point ta tne west line of Walla'l. Avenue South, in. said City, new vaoated; thence on the arc of a6 degree curve to the left, 200 tot; thence north 24 degrees, 40' Eas~, 76 teet, more or leas, to the ~,point of switoh of a traok now established conneoting with the main track ot said Railroad Company at Station 31+53.8 of the Bngineers' stations of said rai1road;,thenoe continuing north, 24 degrees, 40' East, 506.6 feet along the center line Of the main track of said Railroad Oompany in said oi1y, to the point of beginning of a 6 degre~ curve to the left i thence on the arc of said ourve ~ te."l',thenoe norther~y taneent to said curve, 209.4 feet j thenee on thearo of a 12detree ..llzwe to the right, 464.8 feet; thence northeasterly on the arc of 84 degree curve to the right ,97.8 teet to the point of switch 0'1 a track now connected with the main traok of said Railroad Company at Station 49+0'1.8 of the. Eng1nee:ra ~ Stations of said main track;, ,'.1 thenoe oontinuing on the arc of said 4 degree ourve to the \1 right, 180 teet to the point ot switoh gf the Railroad Comp~nY'B industry track connecting with its said main track at Station ---- 50t 8'1. a of the Enginee:ta t Stat ions of said mail{ traoJq, t:ben,. continuing on the arc of said 4 degree ourVe, 315.1teetjthenoe easter11, tangent to .aid curve, lla3.1fee" to a point ill tel" Five (5 of' Block Thirty-six (36), of Northern Pacifio Addition to said City of Bozeman ;thenoe bn the arc of a. Talbot spiral ;, to the left, through a central angle of 3036' , 120 feet to a point; thence on the arc ot a 6 .ourve to the left, 427.8 feet; thence on the arc of a Talbot spiral to the left, through a oentral angle of 30Z6 " 120 tee'; thence northeasterly, tangent, to said spiral, 381.3 feet; thenoe on the arc of a Talb'ot spiral to the left, through a central angle of ~ 27 " 140 feet; thence on the arc 01" a 3'30' ourve :to the lett, 1'187 .6 teet ; thence on the arc of' a Talbot spiral to the left, j)hrough an angle ot ..r, 27' j 140 teet; tunc. northweliterly tangent to said spiral, approximately 2,010 teet to a point ,in the north line of Blook Seventy-eight (7e) ot.,Ncrthern Pacific Addition to ,said Oity of Bozeman, saidpo1nt being 1n the north boundary line of said oity. (b) Along the general rout e of a'1"anch line track, as the same is nowesta,blished, extending trom a ,conn.ot1on w1th, said main track the route of which is described in the foregoing paragraph (a), at Station 50+87.8 of the Engineers' Stations of said maia track, to a point in O~k street, in sa~d city between Tracy Avenue North and WillsoA-Av-enue North, in said city, produced I across said Oak Street; the route of said branch'line being further described as follows: . 1 Beginning at the connectiOn of .aidbranch line with the said main track, .... route of whioh is des6ribed in the. foregoiI18 paragraph~(e.) w41ch point of eonneot1on is~at Station 50+8'1.8 ot the Engineer.' 8tat~_sot taaidmain traok; running thOnoe northeasterly on the 'all~at of a- ~.. ....,.at ~urnout to theilef't, 94.9 teet to a POint1 thenoe 118.ste:rl,if oathe aro ot a lao4S' emrve to the left t 194.1 teet j then.. :on the arc of a l~ 30 ' ourve to the left, ZZ3.S.t..-.; thenoe northerly, tangent to said curve, 534 fe., ;thea...OBthe ~e of a 12 degree ourv. to the right, 144,.6 ,te."; t~eno. nOrtheasterly, tangent to ,aid ourve, 405.6 feet.l thenO.'Df~hwesterly; on the aro of a 80 .', " ".'., . ': ' "~" -'. ".. .., 238 .::;~. e:~:~ ~~~~~~f~ i:~;::t ;~:~:~~;, n:~t~::~:~:~t ":1I!nt 'to ~ curve to the l,tt,.pproximately 255 feet, to a point near the east line 01' Plum Avenue where said Avenue is intersected by East Peach Street, in said oity; thenoe westerly along East Peaoh Street, ~proX1matelY 1160 teet, to a point opposite the oenter of Lot wenty-seven (27), in BlookOne hundred seven (107), Northern Pacifio Addition to Bozeman; thence northerly, I on the arc of' a 32. curve to the right J 286.2 -feet; thence northerly, on the arc of' a 100 curve to the right, 100 feet; thenoe northerly, on a tangent to said cune, 14.3 feet; thenoe northerly, on the arc of a 100 ourve t-o the left, 100.2 feet; thenoe northe;rly, tangent to said curve, 511.1 feet; thenoe westerly, on the arc of a 320 curve to the left , 285.1 feet; thenge west erly , tangent 0 to said curve, 9.9 feet; , thence northerly, on the arc, of' a 32 curve to the right, 286.1 fett; thenoe northerly, tangent to said curve, approx- imately950 teet; thenoe on the aJ:"C of a 32 G ourve, to a point in the alley of Block On8,(14l:~1mes'Addition to :eoz~man, distant approximately 95 f'ee't south of the north lin", of said Block; thence west, tangent to said curve, appro:x:- 1Ina.te~y 140 t~.t:to a point, which point is 10 feet east of the, east line of Montana Avenue, North;. theno~ westerly, through the alignment of a No.6 turnout,approx1mately 60 teet; thence on the. arc of a curve tother1ghtot ap1ro:x:- imately 220 , to a point in the alley in Block '- (2 , of said Imes t Addition to Bozeman; thenoe westerly, on the arc of a'curve to the left of approximately 220 , to a PQint in Oak St~e.t approximately 10 teet northerly of the south line of said street at., a point where said street is interseoted by the east line of Bozeman Avepue North, produced; thence west- erly, along Oak Street, to a point approximately ha~f way between T~aoy Avenue Nort~ and Willson Avenue North, produoed across said Oak Street. . Also, from the westerly te1'Dlinus of said traok, as, now estab- lished on .Eiid Oak street as aforesaid, westerly, along said Oak Street, to a point in the west line of Third Avenue North, produced across said Oak Street. . (c) Along the _ general route of" a branoh line or spur t rack, as I the same is now established. extending from a point of oon~eot1qn with said " main traok, the route of' w:tlich is desoribed in the foregoing pa:'ftgzaph (a), at Station 31+53.8 of Engineera' Stations of said main track, to a point in Block D, . of Rouse's Seoond Addition to the City of Bozeman; the route of said branoh line being further described as f'ollows: Beginning at the point of conneotion 01' said branch line with "...tlle said main traok, the route of which is described in the foregoing paragraph (a), which point of connection 1s at Station 3~"'53.8 otthe Engineer. t Stat.ions ot aa1dmain track; running thence northerly, on the a11snmentof' a .No. '1-1/7 turn- out to t4e left, approx1ma,tely 70 feet; thenoe on t he arc of a curve to thelef't of approximately 100 , 120 feet; thence on the arc 01' a curve to the left of approXimatel)' 300 ,~80 teet, to a point on the east line of Lot Sixteen (16 , in Block D of ,Rouse.s Second Addition to Bo,zeman; thenoewesterly, across said Lot Suteen (16), approximatelY 130 feet to a point which is the westerlY ter.minus of said branoh)line or spur. (d) Along the general route of a branch line or spur track, the same is a!Jnoll established, extending trom a point of oonnection with said main track, the route of' which is described in the f'oregoing par,a@raph (a) at StatiQn 49...07.6, otthe Ens1neers' Stations of said main traCk, in a general south- I westerly directi;on, a distanoe of aPPrQximately 204.6 feet; the ro.'ute of said branch line or spur track being further, described as follows: ..""'.Ding at the oonneotion of said bl:'anoh line or spur traok wlththe said main track, th~ route of whioh 1s 'desoribed ~n the f'orege>1ng pf:\ragraph (a), wh1chpoint of oonnection, is at Station 49"'0'1.8 Qt the Engi~ef,trs t Stations 01' said zp.ain tra04; running thence sOlf.1iherly, on the.alig:QID.ent of a No. 6 turnout to the lett". approximatelY 52.5,feet ,to a point; thence on the arc of a 32 curve to the left, 75 teet, to a point; thence souther~y Itangellct tesaid curve, 77.feet, to the southerly terminus of sa~d t:rack~ 1""".0 , 1'-' 239 (e) Along'the general rou~t of a branch li~e track, as the same is now established, extending from a oonneotion with said branch line, the route of whioh is described in the foregoing paragraph (b), at or adjacent to the ,,,,,I , I"r"~,. I intersection o~ East 'Peach Street with PlumA.enue, to a conneotion with a railway track of the Northern Pacific Railway Oompany, as the same is now established across Front Street, in said Oity of Bozeman; the route of said . branch line being further desoribed as follows: Beginning at the oonneotion of said branch line with the said branoh line the route of which is described in the foregoing paragraph (b)" which point of oonneotion is-at the intersection of East Peaoh Street with Plum Avenue, in said oity; running thence easterly, along the tangent in said track the route of which is described in aald'p..rasraph (b) as extending along East Peaoh Stre.", as 8&1:d t'angent 'is produo~d easterly aoross Block Fifty-three (53) of Northern Pacific Addition to Bozeman, approxima:tely 115 teet; thence southeasterly, on the arc of a. 6- curve to the riMt, approximately 200 -feet; to a point in Lot Thirteen (13), in said 'Block Fifty-three (51); thence southeasterly, on the arc 01' a 220 curve to the right, approximately 150 feet to a point of conneotionwith a rail- way track now located in said Front Street; thenoe southeasterly along said Front Street track as now established, approximately 400 teet to a connect1on with a railway traok of the Northern Paoific Railway Company now constructed a,(\'ross said Front Street. ' " (1') Along the general 1'Oute'of a branch line or spur track, as the same is now established, extending from a conneotion with the aaid branch line or spur traok the route of' which is de8cr,ibed in the fclregolng paragraph I (e), at a point approximately 400 f.etnortherly from. the term1nus of said track described in said paragraph (e);rl1Ill1ingth!l1Ce northerly along said Front street, approx1lna.tely300feet, to a oonneotion with a SPU1" track belonging to the Northern Pacific Railway Company now established in said Front Street opposite Lot Seven ('I), otBlock Fifty-three (53) of said Northern Pacific A44ition to Bozeman.- , " STRD!S.. -AJENUIS. .~.~:A.ND.PUBIJ:CPu.cES().CC"UP~ Seotion 2. That there be, and hertby 1~, granted to said Railroad Company, its successors and assigns, for the construction, maintenance and operation of said tracks hereinbefore referred to, the right to oooupy with t said tracks and their appurtenances, and to use for the operation thereof, streets, ,avenues, alleys and public places in said oity as follows: (a) To construot, maintain and operate said main track described in paragraph (a) of Section~,hereof.' across the following streets, avenues, alleys and public places withinthefbllawing limits, namely: .. I Across West Linooln street between the alley in Block TWenty- one (21) ot Butte .A4.d1 t10n ~~. theCtty Bozeman, produced southerly across said stre." and W1'llsonAvenue,South, produced across said street; Aoross Willson Avenue, SJl1ll., between West Lincoln and West Grant Streets, in BU1rt. ~dition to the City ot heman; Across West Grant S'tr..t", be~.een Blocks Nineteen' (~')and Twenty (20) in aaid Butt'. Addition ,~ thealt1 ofB6zeman; Across Church Avenue iouu:k beneen East ,Diokerson Street, pr04uced across said Ch . ',. A.1'enue South and East Story ~~~;' . ,.,": ,. ~~,~ 'c 240 AcrQss Eaat Story Street near the east line of Church Avenue South produGed across said East Story St~eet; Aoross the alley in Block E, of Rouse's Seoond Addition to Bozeman; Aoross Walla.. Avenue Seuth, between the south line of Rouse's Second Addition to Bozeman produced, and East Curtiss street, I p're4ueed easterly across aaid Walla,,& Avenue; Across the alley in Block F, of Rouse's Second Addition to Bozeman; / Across Eaat Main Street near the interseotion of said street with Ida Avenue; Across Broadway Avenue at and adjaoent to the intersection ot said avenue with East Mendenhall Street; Across East Mendenhall street at and adjaoent to the inter- section thereof with Broadway Avenue; Aoross North Switzler,Avenue between Blocks Thirty-six (36) and Thirty-seven (31) in Northern Pacific Addition to the City f.?f Bozeman; Aoross I street between Blooks Sixty-six (66) andS1Xty-seven (6'1) of Northern Paoifio Addition to the City of Bozeman; . Across Walnut Street bet....n B1.ooks Seventy-seven ('17) and Seventy-eight (78) of Northern Pacific Addition to the Oity of Bozeman. Also to maintain and operate, as the same is now located, that oertain siding extending from a connection with said main traok at Station 5~...92.8 of the Engineers' Stations of said lIlain traok, easter~y across North Oypress Avenue between Blocks Thirty-three (33) and ':hirty- 1- :tour (M) of Northern Pacifio Addition to the Oityof Bozeman, across Nor1;h McAdow Street between Blocks Th1rty....;tour (34) and Thirty-five (35) of said Northern Pacific Addition to the City of Bozeman, to a point of connection with said main track at Station 63....22 of the Engineers' Stations of said main' track, ,which point is in North Ay~sworth Avenue, between Blooks Thirty-five (35) and Thirty-six (36) of said Northern Paoific Addition to said City of Bozeman. (b) To construct, maintain, and operate said branch line track, described in paragraph (b) of Section 1 hereof., across, 'upon and along the ,following streets, avenues, alleys and publio places within the following "l1mi ts: AerOBe that portion of East Mendenha~l street lying northerly of the main track described in paragraph (a) of Section 1, hereof', and bet....n Blocks Thirty (30) and Th1rtl-three (33) ,Of the Northern PBfific Addition to the Oity of' oze~~1 ... AcroBs Frrdley Street south of the west half of Block Forty- 'nine (49) in Northern Pacifio Addition to the City of Bozeman; " Aoross and along that oertain alley or public way in Block I Forty-nine (49) of Northern Pacific Add it ion to the City of Bozeman,whioh runs parallel to Front Street, in said city; Aoross Broadway Avenue between Orange St~eetand Front Street; . Across.. and along that oertain a11ey i:q. Block Fitty-three (53) of Nol:1ihernPaoitic Addition to the Oity of Bozeman, which run. pSr411el'to ,Front Street, in said citYi i: Across Plu1n4venue at its intersection with East PilBJllh street, " in se.id oity; Along East Paaoh8tre.t, beginning at the east line ot Plum '" 241 Avenue and running thenc~ Wester~y, along said East Peach stre~t, to a point in the north line of said Eaat Peach Street easterly :trom, but adJacent to, the southwest corner of Blook OIle hundred seven (lO?) of 'Northern Paoi!'ioA4d1tion to the City ot Bozeman; and' across Ida Avenue North, and . Wallaoe Avenue North at the,interaection of said avenues, I Avenue respectively, with said East Peach S~reet; Along Churoh Avenue North from a point in the east line of said Avenue northerly trom, but adjaoent to, the southwest corner of Block One hundred seven (10'1) of Northern Pacifio Addition to the City ot Bozeman, northerly to a point in the west line O1';8aid Church No rth, southerly, from but adjaoent. to, the southerly line of East Tamarack Street in said city; and aoross EastCJettonwood Stree" and East Aspen Street at the interseotion fi)! said streets, respeotively, with said Church Avenue.Northl Along and across East Tamarack Stre6t liD. said oity between Churoh Avenue North and Rouse Ave.n'Ue Nortb,j. .Along Rouse Avenue North 1" rom a point in the east line of said avenue, nort4erly from, b'Ut adjacent to, the north line of Tamarack Street, no rth.erlyto a point' in the west line of: said louse .A.Ten~ North, . which point is in the east 1.in8 ot Bleck one (li) 0; Imes t Add~t:l.on to the Clty,ot Bozeman; and across East . Juniper Street, East Hemlock Street, and East Birch Street, at the interseotion of said streets, respeotively, with said Rouse Avenue North; Aoross Mont8:na Avenue Norta between East Birch Street and Oak Street; AJ.ong OakStreat trom a point 1n the south line of: said street between Montana A.venue North and, Bo~eman Avenue North, westerly to a point in the west line of Third Avenue North, pro duo ed ' across said Oak Street; end aoroas Bozeman Avenue North, Black Avenue North, Traoy Avenue North, WUlson Avenue North, Grand Avenue North, and Third Avenue North, at the interseotion of I said avenues, respeotively, with aaid Oak St>>eet. ',,: . (c) To oonstruct, mal11tain and operate said branoh line or spur traok described in paragraph (0) of 8e.t10n 1 hel"eof',-aoross Walla" Avenue, in said oity, between Eaat Curtiss Street'and Eaa", Olive Street. (d) To oonstruct, maintain and operate said branch line or spur track described in paragraph (d) of Seotion 1 hereof, across that portion of Broadway Avenue, in said cltYi~'...ste1"lY, from the point of conneotion of: said branoh line or spur track with the _id main':taok described in paragraph (a) ot Section 1 hereof',whioh po1nt ofoonn&ct1on 1s 1n said Bro.dway Avenue, to the west line ot sa1d Broadw&y~veaue between-:.Baat Kain street and East Mendenhall Street. (e) To oonstruot, mainta1nand operate said branoh line described in paragraph (e) of Seot 10n 1 hereof , ao.~" upon and along thE:! follow1ng streets, avenues, alleys and publio pla... within the following limits: Across Plum Avenue and aloas lIeAt"ReaohSt1."eet, in said oity, from the point of conneotion otAiI"ranch line traok with the branoh line track des&-r1bed 1n'paag~aph (b) of Section 1 I hereof, to the east line of said Plum Avenue; Across that oertain alley in Blook Fitt~three (53) of Northern Pacifio Addition to Bozeman, which runs parallel to Front Street, in said oity; Aoross Broadway Avenue, adjaoent to the intersection of said avenue with the southerly ~ine of said Front Street; Along said Front Stre.et f'r<mr a point in the southerly Une of: ",/ said street between the ea8ter~y and westerly side li_a of said Broadway Avenue, Boutheaste1'J.y, to th-e southeastern"- terminus of said branch line traok as now oonstruo",ed. (r) To construct, maintain andoperaie 8a1d branoh line or spur traok desD:,1bed . . -,~.. . ,~, :'1',,'':.'. '.' ""- '242 in paragraph (f) of Section 1 hereof, along said Front Street from the ! connection of Baid track with said branoh line track described in paragraph (e) of Seotion 1 hereof, in said Front Street, northwesterly to the north- western ter.minus of said branch line or spur track as now oonstructed. Also, to maintain and operate any railway track or tracks now I installed and maintained by said Railroad Company in, on, across, or along any street, avenue, alley or public place in said city, at the location or locations where such track or traoks are now located and installed, whether hereinbefore specifically mentioned or not. CONSTRUCTION. OF sPUR. TRACKS.. Section 3. !h& Railroad Company, its suoOessors or assigns, may, having made application for and having received a permit tssued by the ',. Commission of said Oity, or such other body a8 may in the tutnre be by law authorized to act, allow each owner or oocupant of a warehouse, industrial plant, or industry oontiguous or adjacent to the railway tracks hereinbefore authorized, or to any thereof, a spur track or tracks'connect1ng said railway traok or tracks with suoh warehouse, industrial plant or industry; and may oonstruct, maintain and operate suoh spur t raok or t racks across any street~ avenue, alley or public plaoe as authorized by suoh per.mit; provided, how- ever, that the said railroad oompany, its suooessors or assigns, may, at its I" or their option, require that such spur traok or traoks and all street grading, pAanking Qr paving required in conneotion with the installation, ma1nten~noe or operation of such spur traok or tracks, be Qonstructed and maintained at the expense of the owner or oooupant of suoh warehouse, industrial plant, or industry. POWER TO BE USED . - . ELECTRIC. POWER Seot ion 4. In the operation of the railway tracks, the QOU- struction, maintenan,oe and operation of which is hereby authorized, the Railroad Campany, its sucoessors or assigns, shall have the right to use steam power, or any other motive power that it or the~ may deem suitable; ,._14e4, that such power shall not be such as will materially interfere with the ordinary use of said streets, ave~ues, alleys and public places; . and provided, turther, that in the event said Railroad ~om.pany, its suocessors ,or assigns, shall elect to equip and operate said traoks with eleotrio power, then it shall have the right to ereot and maintain poles, oolumns, wires and other applianoes necessary or oonvenient for the operation of said tracks by I suoh power; subjeot, howoyer, to the lawful and reasonable control and regulation by the City Commission of said City of Bozeman, or suoh other body as shall be authorized to aot. GRADE'- BAILS -, CROSSINGS Seotion 5. A. AllrailwaytraQks installed or maintained on, across, or along any street, avenue, alley or publio place, pursuant to the provisions hereof, shall b.1nI~alled and maintained sO that the top of the '.',,' "~,,l, ' .; ~ .~.,--~- , '<",:~~~i:'::"""":~' . \"~',- .._.."~._.,.",,. 24':3 rails shall, so fat as praotleal~ oonform in elevation to the grade of the street." avenue, alley or public plaoe oooupied by suoh rails. The Railroad Company, its sucoessors or aS8igns, shall, at its or their sole cost and I expense, construot and maintain at all,points where said traoks cross any street, avenue, alley or public plaoe, suitable crossings, so that vehicles may pass over said tracks with as little inconvenience as practioal; said crossings shall be installed and maintained of auch width and oonstruction as the commission'of said city shall require. FILLING ALONG, 'QNP~. AND UNP.AVBD STREI'l'S .' ETC. B. Between orossings on all unplanked or ui,paved streets, avenues, , alleys and publloplaoes, the Bpao.-betweell'~he're:i1ls, except tlange ways and such space as may be required tor tross and necessarY maintenanoe and operation of switoh points, shall be platlked- or filled with gravel or partly planked and partly filled with'gravel, to the level o~ the top of the rails; and planking or gravel shall be installed and maintained for the width of not less than one (1) foot on the outside 'of eaoh rail;'all frogs and the 6:P&" between guard rails and running rails' shall be filled in or blocked to the extent required for safety and cOnvenience of traffio. mTOH..STAND~ I C. No switoh stand shall beereoted or maintained on any ot said ~. , streets, avenues, alleys or publiC plaoes inside of the curb lines thereof,T . ,.. ' CO~ ,OF IN8~~TI,ON ANP MAINTENA.NQ;E D. All of said work shall be installed and maintained by the said Railroad Company, its suooessors or as.igns, at its or their sole oost and exp'ense. J?AVING,- .8TRD'l'S, .A:YMU!'.& .AND ALLEYS COST CHARG~~, TO RAILaOAD COMPANY Section 6. Whenever any of the su..ta, avenues, alleys or public , J ". - , places occupied by said traoks, or any theredf, shall be required to be planked, re-planked, paved, re-paved, or otherwise improved or re-improved, , by the said oi ty, adjacent to said track or tracks, or any. thereof, the Rail- road Company, its suooessors or asaigns, shall and will, at its or their own . expense, oause the spaoe between the rails of ,any traok or traoks installed and maintained on, aoross ~r along sUDhetreet or streets, avenue or avenues, alley or alleys, publio place ,or publio places, ,purs~t hereto, and for one ..1...... (1) foot outside of either rail, t.O.b..f>... planked;t re-Plan. ked, paved, re-paved, or otherwise improved or re..., improved,W1.:ththe same material, in the same manner, and at the same time as,~hea4J~ining portion 'otsuoh street or streets, avenue or avenues, alley oral.:l;eys, or other public place or plaoes, shall be required to be1mproved by BBfd oity. CONrROL 'STRm's..i~"~i~ Seotion 7. The Oity shalt retain th~ same oontrol of the streets, avenues, alleys and public places Oll, e.ll\ng., ao.ross which said railway \, ' . ,.,..'. ~ ,- ;. .~,',.. ,. "".'~:'*:,I/" ,:;" "-- -----"-..~'-""-_..,.."-"-''''" ~, 244 traoks, or any of them, shall be installed or maintained, as over other streets, avenues, alleys or publio ways; and shall have the right at all . 11 me s, by general ordinanoe, to regulate the speed of the locomotives, oars and trains when operated on, across or along any public street, avenue, alley or public way; and the maximum period of time for whioh such looomotives, oars I or trains shall be allowed to blookade traffic across or aJ.ong any of the streets, avenues, alleys or pUblic ways along which said tracks, or anyot them, may be maintained pursuant to the provisions hereof. And said City shall have such further control and polioe power over suoh railway operations in said city as may be vested in it by law. . RESERVATION - OTHE~ PUBLIC UTILITIES Seotion 8. The oity hereby reserves to itself and to its grantees ." the right to install and maintain all publio utility facilities underneath or above any ot the tracks hereby authorized; and the ,said oity further hereby reserves to itself full and complete right of access to any spaoe within the limits of any street"avenue, alley or public place oooupied by any of such traoks, together with the right to open and exoavate the ground beneath such tracks for all purposes of oonstruotiont inspeotiont maintenanoe and repair of any public utilities; all suoh rights shall, however, be exercised in I such manner as not to interfere w,ith the sate operation of trains on said I " traoks. In all oases, ,exoept emergencies, involving a possibility of ~uch . interferenoe, or of removal of lateral support, or of exoavation beneath the tracks of the Railroad Company, its suooessors or assigns, fifteen (15) days' written notioe shall be given to the Railroad Co~pany, its suooessors or assigns; and suoh Railroad Oompany, its suooessors or assigns, may furnish a representative who shall have the right t.o supervise suoh excavation or other work so far 8.S the same may atfect the safety of said railway traoks or of operations thereon. If it be neoe.aary that such "tracks should be. supported or reinforoed during the progress of the Qonstruotion, renewal, repair, maintenanoeor inspeotion of any munioipally operated utility, the Railroad Company, its suocessors or assigns, shall furnish and plaoesuoh support and reinforoement" and readjust its or their tracks, at its or their own oost and expense. RAILROAD ,COMPANY, ,- ,LIABILITY . Seotion 9. The Railroad Company, its suooessors or assigns, shall at all times protect and saveMl~le88 said oi ty from all olaims, actions or I damages of any kind and description which may accrue to, Or be suffered by, any person or persons, firms or oorporat1onst by reason of the construction or maintenanoe of said railway tracks, or any thereof, or by reason of the operation by said Railroad . Oomp any , its sucoessors or assigns, of its or their railway trains ever suoh tracks. And in case any aotion-'or suit shall be connneneed against the oity tor damages arising frdm said oauses, or any thereof, the BaUroad Company, its sucoessors or assigns, shall and WIll, ""-1:11" ",T' IL, - 245 upon written notice to it or them of the oommenoement of suoh aotion or suit, defend the same at its or the ir SO~fl cost and expense; and in caaejudgment shall be rendered against said oity in such action or suit, shall fully I satisfy suoh judgment within ninety (90) days atter such aotion or suit. shall have been finally deter.mined if deter.mined adversely to the city. LEASE - 4GF~ QR OTHERWISE ,- ,OTHER .CCllJIP,ANIES Seotion lO~ The Railroad Oompany, its sucoes~ors or assigns, shall have the right, by lease, traffic agreement, or otherwise, ~o operate or per.mit to be operated over and upon its railway traoks within the corporate limits at said City of Bozeman, freight and passenger trains and all equip- ment at other railroad companies. . . ~IGNMENT."RIGBTS Seotion 11. The rights, privileges and authorities granted by this ordinance, and all benefits thereof, may be assigned by the said Railroad Company, its successors or assigns, as it or they may at any time see fit, either as an entirety or as respeots anyone or more of the tracks or parts thereof, embraced within the soape of this grant; provided, however, that a oopy of such assignment certified a's such by. the seoretaryof the assignee, or other officer or person having the proper custOdy of such assignment on I its behalf, shall be filed with the said oit~. . IiURPOSB '1'0 L CONSOLIDATE PBEVIO~ .G~TS,. HABMONI~ AND ~E D~IT~~4&TO ~, CERrAIN GBAJfr~ SeCltion 12. It is the purpose andintentiotJ. Of the 01ty ot Bozeman in granting the rights, privileges and franchises herein granted, to consolidate the rights, privIleges and tran6hises heretofore granted by certain ordinances and resolutions prev-iously passed, approved or adopted, by the City of Bozeman, acting through its proper offioets, and it is further the intention and purpose of this ordinance to harmonize the privileges, , . terins and limitations contained in the vario'tts 'Pr10r.l,'ordinances relating to this general sUbject matter, and to definitely fix the te'rm.s, conditions and limitations under whioh the grantee herein may oonstruct, erect, maintain and operate traokage within the City of Bozeman; and to definitely fix the rights and obligat ions of the graatee herein with reference to matt'ers of - construction, maintenance and o:perat1ent 1:aoluding methods of construction, methods of operation, including the kind 0'1' motor power to be employed, and methods of maintenance of traoks and or9~sing8, and to that end the follow- I ing ordinances of the City of Bozeman,namely; Ordinanoe No. 89, entitled: , . . \ "An Ordinanoe granting the right and privilege to build, oonstruot, eqUip, maintain and operate street railways in, Gver. along and upon the streets, avenues and alleys of 'the Oi',..01. Bozeman,Montana, fI p"assed and approved " MaJ.,"ch3, 1892; Ordinance No. '314-" entitlech "An Ordi~anee amending Seotion . "". ~".,~....~ Numb-er 2 and Section Number 14 of, and adding two additional seotions, to be known as Seotion Number "4_"''' and seation Number "5.....A.", to Ordinance No. 89, entitled; "An Ordinanoe granting the right and privilege to build, .,.'. i-,'~~ 246 oonstruct, equip; maintain and operate street railways in, over, along and upon the streets, avenues and alleys of the City of Bozeman, Montana", passed and approved December 12, 1905; 'Ordinance No. 406, entitled: "An Ordinance granting to the ~latin Valley Electric Railway, its successors and assigns, the right and privilege at crossing and occupying I oertain streets and alleys in the City at Bozeman, at the points and along the lines therein designated and described";' passed and approved JUly 26, 1910; Olodinanoe No. 541, entitled: "An Ordinance granting the Chioago, Milwaukee & St. Paul Railway Company, a corporation, the right to oonstruct, equjp, maintain and operate a railroad track across Montana Avenue, the ,. alley in Blook 2, and along certain portions of Oak Street, all in Imes' , Addition to the Oity of Bozeman", passed May 8, 1924; Ordinance No. 549, entitled: "An Ordinanoe granting to the Ohieago"Milwaukee &. St. :Paul Railway Company, a corporation, the right to construct, equip, maintain and operate a railroad track across and along oertain portions of Oak Street, , all in the City of Bozeman, Montana", passed April 23, 1925; and by Resolution numbered 22, entitled: "A Resolution of the Oi ty Conunission of the ,City of Bozeman, Montana, granting per.missio~ to Chicago, Milwaukee & st. Paul Railway Company to oooupy with its tracks portions of certain streets within .. the ~ corporate limits of said City of Bozeman", passed and adopted November 16, 1922; be and the same are hereby repealed. I EXPENSE Sect ionl3. The Railroad Company shall pay. all cost and expense of the passage of this ordinanoe, inoludingthecoBt and expense of the neoessary publication or publioations thereof. ACCEPTANCE, Seotion 14. In order to claim the benefits of this ordinance and to acquire the rights, privileges and authorities hereby granted, the said Railroad Company, must, ~1thin thirty (30) days after this ordinanoe becomes effective, file with the Oity Commission its written acoeptanoe hereof duly executed; and in the event aaid acoeptance shall not be so filed wi thin said time, th1sp,rdinance~ shall cease to be effect ive for any ~ ' I' ' , purpose. ,- ... pOT EXCLUSIVE . , I Seet1.on 15. That the granting of this right, lioense or priVilege " to oonstruct said railroad track or spurs shall not, be an exclusive right or franchise, ,but the Oity reserves unto itself the right to grant other I persons or corporations a like or similar privilege. EFFECT Section 16. This ordinance shall take effeot and be in forc., subject to termination by failure of acoep~ance. thereof, as aforesaid, at the expiration of thirty (30) days fro~ and after its final passage. .. - ,.--- 247 Finally passed by the Commission of the City of Bozeman this 24th day of Ootober, 1930. '.'(...' ~/ '-.. . ... May~r Attest: kitJ~~~t . er f th mmiss on , -^' , Introduoed, read for the first time, and provisionally passed by ~ ~ -":--~jjhe"Commission of the City of Bozeman, this 1?th day of Ootober, 1930; final passage fixed for a meeting of the Commission October 24th, 1930. ,'.. Published in the Bozeman Daily Chroniole, October 28th, 1930. Effeotive November 24th, 1930. I, Elizabeth Johnson, Clerk of the Commis.ion of the City of Bozeman, Montana, do hereby oertify that the foregoingOrdinanoe Ro~ 601 , ~ was published by title in the Bozeman Daily Chronicle, a daily newspaper of general oirculation printed and published in the City of Bozeman, in the issue of October 2~th, 1930, and that due proof of said publication "('. ..' was made and filed in my office. )_ IN WITNESS 1IHEBEOF I have hereunto set my hand and the+.?~te ~ seal of said City this ~0th day of Oc~ober, 1930. _,.' ~ '. ' ~~~ - --::. ~ .A.oII' .I .A.... 'c.'. le r. (;) t t~e Omm1Ba~Qn _~_ , , I ~ .,,"..,. .;~:,p.