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HomeMy WebLinkAboutOrdinance 31- 614, Grants to Northern Pacific Railroad Company Right, Privilege and Authority to Lay and Operate Sundry Tracks --"...,.....-,._---- ~od- ;t1} ../. 319' ~~ " -0, -.'!-..... J J.~/ / t ~. .. , .' ... J 1:.- ORDINANCE NO. 614 .. .' o#',,,,,,~ ..' AN ORDINANCE GRANTING TO THE NORTHERN PACIFIC RAILWAY COMPANY, ITS SUCEESSORSAND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO LA. Y DOWN, CONSTRUCT, MAINTAIN AND OPERATE SUNDRY RAILROAD TRACKS IN, ALONG AND ACROSS VARIOUS STREEl'S, AVENUES, ALLEYS AND OTHER PUBLIC PLACES IN TEE CITY OF BOZEMAN, AND FOR SUCH I PURPOSES TO OCCUpy AND USE PORTIONS OF SAID STREETS, AVENUES, ALLEYS AND PUBLIC PLACES; AND REPEALING ALL ORDINANCES, RES- OLUTIONS AND PERMITS, OR PARTS OF ORDINANCES, RESOLUTIONS OR PERl\UTS IN CONFLICT HEREWITH. WHEREAS, by resolution of the City Counci~ of the City of Bozeman, passed and recorded on the 6th day of June, 1889, in response to the petition of Isaac Baker; a resolution of the City Council of s~id City of Bozeman passed and entered of record on the 26th day of 1une, 1889 , in response to the petition of F. L. Benepc; a resolution of said City Council, passed and recorded on the 18th day of May, 1893, in response to a petition of E. B. Lamme; a resolution of said City Council adopted and entered of record April 16, 1903, in response to a petition of Julius Lehrkind; a resolution of said City Counc.il passed and recorded on the 16th day of November, 1905, in response to a petition of the Continental Oil Company; a resolution of the Commissioners of said City, passed and recorded June 7, 1923, in response to a petition of the Juluis Lehrkind estate; by ordinance No. ~l, passed, adopted and approved by the City Council of said city on the 7th day of April, 1892; I by ordinance No. 148 passed, adopted and approved by the said City Council of said city, on the lath day of February, 1897, by. ordinance No. 179, passed, .. adopted and approved by said Council of said City, .on the 19th day of J'anuary, 189~j by ordinanoe No. 418, passed, adopted and approved by said City Council of said City on the 6th day of July, 1911; by ordinance No. 429, passed, adopted and approved by said City Council of said city on the 17th day of Ootober, 1912; and by a oertain motion or ,reaolut ion, passed and recorded by the Commission of the said City at a regular meeting oni.A.pril 12, 1922, in response to a certain petition filed by Northern Paoifio Railway Company, the said City of Bozeman, Montana, granted unto the various grantees named in said ordinances and resolutions, the right, privilege and permission to construct, equip, maintain, and operate certain railway tracks in, over, along, across and upon various streets, avenues, alleys and public plaoes in the City of Bq zeman; and WHEREAS , pursuant to the authority so conferred, various railway tracks were constructed, maintained and operated over, upon, along and mross I certain streets, avenues, alleys and public places in said city; and certain of said tracks are now maintained and operated upon, along, across and on streets, avenues, alleys and public places in said city; and .. WHEREAS, oe!tain streets, alleys and public places in said city have been, and are, used and occupied by said railway oompany without material damage to or interference with other publio uses of said streets or alleys by other lawful users; and WHEREAS, the grantee herein, NORTHERN .PAmrtFIC RAILWAY COMPANY, a ___... _..___ ou 320' Wisconsin corporation, has heretofore acquired the title to all of said railway properties now maintained upon, along, across and over the streets, avenues, alleys and public places in said City of Bozeman, under or pursuant to the provisions of said ordinances, resolutions and permits, and has succeeded to all righ~sand privileges granted by said ordinances, I',:... reso~ut ions and permits; and' WHEREAS, the said ordinances, resolutions and permits were : granted, passed and adopted at different times and are not uniform in their provisions, and there are or may be oonflict ing provisions in the terms of said various ordinances, resolutions and permits, and un- certainties as to the rights of said railway oompany to maintain and operate certain railway traoks, in, over, along and' ao'ross, and upon various street s, avenues, alleys and public plaoes in the City of Lozeman; and I WHEREAS, it is desired to consolidate the rights, privileges, franchises and permits heretofore granted by said ordinances, resolutions and permits, and to provide uniform terms under which the streets, avenues, alleys and public places in said city now occupied and used for railroad purposes by said railway company may be used and occupied for railway purposes by said Northern Pacific Railway Company; )lOW. THEBEFORE. BE IT ORDAINED BY THE COMIIlISS;ON OF TIlE I' . :..... CITY OF BOZ]}.:lAN 1~" GRANT AND ROOTE:. . Sec.tion 1. That there be and is hereby granted to Northern Paolfic Railway Company, a Wisconsin corporation, hereinafter referred to as the "Railway Company," its suooessors and assigns, the right, . privilege and authority to lay down, construct, maintain and operate railways of standard gage, together with all neoessary switches, side- tracks, sppr-tracks, turn-outs, yard-tracks, connecting tracks, tele- graph and telephone lines and other appurtenances, and to operate, locomotives and cars thereon, along, over, upon and across certain streets, avenues, alleys and public places in the City of Bozeman; and for suoh purpose to occupy or use portions of such streets, avenues, alleys and public places, all as hereinafter more particularly described and limited; all of which rights, privileges and authorities are hereby granted, subject to the conditions, s.paOifioations 4nd requirements in I..... this ordi~ance expressed. The desoription of the railway lines, branches, switches, siding, spurs, yards or conneoting tracks which said railway oompany, its suocessors and assigns, is hereby authorized to lay down, ,construct, maintain and operate along, over, upon and aoross streets, avenues, alleys and other public plaoes in said City of Bozeman, are as follows: 1. On Wa11aoe Avenue in Rouse's Addition: .~', ',. Iii ~" 3..21 " Crossing Wallace Avenue along a line parallel with and distant ten feet, more or less, southerly, measured at right angles, from an easterly production of the southerly line of the alley in said Block "E". . ,I 2. On Ida Avenue in Rouse's Addition: Crossing Ida(Avenue, along a line parallel with and distant 85 feet-southerly, measured at right angles, from an easterly production of the southerly line of East Mendenhall st. Also orossingsaid I4a Avenue taram a point in the west line thereof 112 feet, more or less, southerly, of the southerly line of Mendenhall St. to a point in the east line of said Ida Ave. 110 feet, more or less, satherlyof the southerly line of said Mendenhall st. Also orossing Ida Ave. from a point in the west line thereof 10 feet, more or less, southerly of the southerly line of the Alley in Block . , "D", of Rouse's Addition, to a point in the east line of said Ida Ave. 8 feet, more or less southerly of the intersection of the east line of said Ida Ave., with an easterly production of the southerly line of said Alley in Block "D". Also orossing said Ida Ave. from a point in the west line thereof 22 feet, more or less, southerly of the southerly line of the alley in said . Block D to a point in the east line of said Ida Ave. 2~ feet, more or less, ,I southerly of the intersection of the east line of said Ida Ave. with an easterly product ion of the southerly line of said alley in Block "D". -"or ;~ ~ Also crossing said Ida Ave. fr~ point in the west line thereof . . 50 feet, more or less, southerly of the southerly line of the Alley in said Block "D", to a point in the east line of aaid Ida Ave. 45 feet, more or less, southerly of the intersection of the east line of said Ida Ave. with an easterly product ion of the southerly line of said Alley in Block "D". Also crossing said Ida Ave. from a point in the west line thereof 56 feet, more or less, southerly of the southerly line of the alley in sa id Block "D" to a point in the east line of said Ida Ave. 51 feet, more or less, southerly of the interseotion of the east line of said Ida Ave. /With an easterly production of the southerly line of said alley in Block ttD".. Also orossing said Ida Ave. from a point in the west line thereof 84 feet, more or less, southerly of the southerly line of the alley in said Block D to a point in the east line of said Ida Ave. 77 feet, more or less, southerly of the intersection of the east line of said Ide: Ave. with an . I easterly production of the sGuiherly line of said alley in Block D. Also orossing said Ida Ave. from a point in the west line thereof 100 feet, more or less, southerly of the southerly line of the alley in said Block "Dtt to a point in the east line of88.4el Ida Ave. 87 feet, more or less, southerly of the intersection of the east line of' said Ida Ave., with an easterly production of th.e southerly line of said alley in Block "D". 3. On Alley Southerly of Block 31, N. P. Addition to Bozeman: Crossing the alley southerly of Block 31, N. P. Addition, il2.2 from a point in the north line thereof 9 feet, more or less, east of the SW corner of said Block 31 to a point in a southerly production of the west line of said Block 31, 2 feet, more or less, south of the SW corner of said Block 31. Also crossing said alley southerly of Block 31 from a I point in the north line thereof 36 feet, more or less, east of the Sw corner of said Block 31 to a point in a southerly production of the west line of said Block 31, 11 feet, more or less, south of the southwest corner of said Block 31. Also orossing said alley southerly of Block 31 fromm . point in the north line thereof 85 feet, more or less, east of the SW . oorner of said Block 31 to a point in the south line of said alley 4? feet, more or less, east of a southerly production of the west line of . sa id Block 31. I klso crossing said alley southerly of Block 31, from a point in the north line thereof 93 feet, more or less, east of the Sw corner of said BloCk 31 to a point in the south line of said alley 65 feet, more or less, east of a southerly production of the west line of sa id Block 31. 4. On Mendenhall street and Broadway, in N. P. Addition; Crossing Mendenhall st. and Broadway from a point in the I south line of Block 33, N. P. Addition, 15 feet, more or less, east of \ ~-t'" ", the SW CQ~ner thereof to a point in the east line of Block 31, N. P. Addition, 10 feet, more :)r less, southerl;y of the NE corner thereof. Also orossing said Mendenhall St. and Broadway from a in point/the south line of said Block 33, 41 feet, more or less, east of the SW corner thereof to a point in the east line of said Block 31, 65 teet, more or less, southerly of the NE corner thereof. 5. On Front Street in N. P. Addition. Crossing Front St. in N. P. Addition, from a point in the southerly line thereof 193 feet, more or less, northwesterly of the westerly line of Aylsworth Ave. vacated, to a point in the northerly line of said Front St., 110 feet, more or less, northwesterly of a northerly production of the westerly 1i11e of said Aylesworth Ave. vacated, said northerly line of Front St. being the southerly right of way line of the N. P. Ry. Co. .~ I Also crossing said Front St. from a point in the southerly line thereof 22 feet, more or less, northwesterly of the westerly line of McAdow Ave., to a point in the northerly line of said Front st. 20 feet, more or less, southeasterly of a northerly production of the easterly , . line of said McAdow Ave. Beginning at a point in the northerly line of said Front St. 106 feet, more or less, northwesterly of a northerly production of . . . ",""""_"''',_""",:"r'~''__''_''_''____,'''' 32:l the westerly line of Plum Street, in said N. P. .addition, thence southeasterlY;l along Front St. a distanoe of 435 teet, more or less, to the end of N. P. steel and a conneotion with the Gallatin Valley Electric Railway Company's traok. . I Also beginning at a point' in the northerly line of said FroutSt. 65 feet, more or less, southeasterly ot a northerly produotion of the westerly line of Wal1aoe Ave. in N. P. Addition; thence southeasterly along Front st., a distance of 500 feet, more 01" less, to the end of track. Also orossing said Front St., from a point in the northerly line thereof 46 feet, more or less, northwesterly of a northerly production of the westerly line of Wallace Ave. in N. P. Addition to a point in the southerly line of said Front St. 55 feet, more o~ less, northwesterly of the westerly line of said Wallace Ave. . Also crossing said Front St. from a point in the northerly line thereof 46 feet, more or less, north westerly of a northerly production of the westerly line of said Wallaoe Ave. to a point in the southerly line of said Front St., 63 feet more or less, northwesterly of the westerly line of said, Wallace Avenue. 6. On Front St reet , Rous eAve. and Oak St..: Beginning at a point in the northerly line of Front at. 12 feet, I more or less, southeasterly o~ the intersection of-the northerly line of . , Front st. with the northerly line of Oak st. to a point in the northerly line of Oak St. 16 feet, more or less, weste"rly of said intersect ion of street lines. Also beginning at a point in the northerly line of Front St. 20 feet, more or less, southeasterly df 'said intersection of sVreet lines to a point in the northerly line of sadld Oak St.- 40 feet, more or less, westerly of said intersection of street lines. 7. On Juniper Street in N. P. Addition. Crossing Juniper St. in N. P. Addition from a point in the north line thereof 63 feet, more or less, west of the west line of Wallace Ave. in said Addition to a point in the. south line of said Ju.niper St. 83 feet, more or less, west of the west line of said Wallace Ave. Also crossing said Juniper St. fram a point in the north line thereof 78 feet, more or less, west of the west line of said Wallace Ave. I to a point in the south line ot said Juniper St. 100 feet, more or less, west of the west line of said Wallace Ave. 8. On Alley in Block 110 N. F. Addition1 Crossing the alley in Blook 110, N. P. Addition from a point in the north line thereof 101 feet, more or less, west of the west line of Wallace Ave. to a point in the south line of aaid alley 102 feet, more or less, west of the west, line of said Wallace Ave. Also orossing said alley trom. a point in the north line thereof .._. ..._._.n .._n..._.._. - 324 130 feet, more or less, west of the west line of said Wallaoe Ave. to a " poi~t in the south line of said alley 132 feet, more or less, west of the west line of said Wallace Ave. 9. Tamaraok Street in N. P. Addition. Crossing Tamarack St. in N. P. Addition along a line approximately I parallel with and distant 102 feet, more or less, west of the west line of Wallaoe Ave. in said Addition. 10. pn Alley in Block 109, N. P. Addition. Crossing the alley in,Block 109, N. P. Addition, along a line approx imately parallel with and distant 100 feet, more or less, west of' the west line of Wallaoe Ave. in said Addition. 11. On Pear Street in N. P. Addition. Crossing Pear st. in N P. Addition from a point in the south- i westerly line thereof 188 feet,_ more or less, southeasterly of a south- westerly production of the southeasterly line of "N" Street in said Addition to a point in the northeasterly line o~ said Pear St., 161 feet, more or less, southeasterly' .. of' the southeasterly line of said UN" St. The southeasterly line of Pear St. is also the northeasterly right of way line of the N. P. Ry. Co. 12. On Alley in Block 97, N. P. Addition. Crossing the alley in Block 97, N. P. Addition, from a po~nt in I the southwesterly line thereof 130 feet, more or less, southeasterly of the southeasterly line of "N" St. in said Addition to a point in the North- easterly line of said alley 128 feet, more or less, southeasterly of the . so~theasterly line of said "N" st. 13. On Cedar Street in N.F. Addition. Crossing Cedar St. in N. P. Addition from a point in the south- westerly line thereof 116 ~eet, more or less, southeasterly of the south- easterly line of "N" s~., in said Addition to a point in the northeasterly line of said Cedar st. 110 feet, ~ore or le,85, southeasterly of a north- _easterly production of the southeasterly line of said "N" St. Also to maintain and operate any railway track or tracks now \ installed and ma~ntained by said railway oompany, ill, on, across or along any street, avenue, alley or public place in said city, at the looation or locations where such track or traoks are now located, and installed, whether. hereinbefore specifica1l~ mentioned or not. . I CONSTRUCTION OF SPUR 'l'RACKS Section 2. The Railway Company, its successors or assigns, may, having made application for and having received a per.mit issued by the Commission of said City, or such other body as may in the future be by law -+.. authorized to act, allow each owner or occupant of a warehouse, industrial plant, or industry continguous or adjaoent to the railway tracks herein- before authorized, or to any thereof, a spur track or traoks oonneot ing .9Qjd : ..,:i>~, .. \"' ~~ " 'I"~' -,'" ""'~'"T .,'''T-"'.''_~'_'''".':_:''''.~~__~'_.'..~'''_ 32 ...,5 , rai~way track or tracks with such warehouse, industrial plant or industry; and may construct, maintain and operate such spur track or tracks across any street, avenue, alley or public place as authorized by such per.mit; pro- vided, however, that the said railway~ompany, its successors or assigns, I may, at its or their opt ion, require that such spur track or tracks and all . street grading, planking or paving required in connection with the inst~11- ation, maintenance or operation of such spur track or tracks, be con- structed and maintained at the expense of the owner or oCcupant of such / ' warehouse, industrial plant, or industry. POWER TO BE USED-~ELECTRIC POWER. Sect ion 3. In the operation of the railway tracks, the oon- struction, maintenance and operation of which is hereby authorized, the Railway Company, its sucoessors or assigns, shall have the right to use steam power, or any other motive power that it or they may deem suitable; . provided, that such power shall not be such as will materially interfere with the ordinary use of said streets, avenues, alleys and public places; and provided, further, that in the event said Railway Company, its success- ors or assigns, shall elect to'equ~p and oper~te said tracks with electric power, then it shall have the right to erect and maintain poles, columns, I wires and other appliances necessary or convenient for the operation of said tracks by such power, subject, however, to the lawful and reasonable control and regulation by the vity Commission of said City of Bozeman, o;r such other body as shall be authorized to act. GRADE---RAILS---CROSSINGS. Sect ion 4. A. All railway tracks installed or maintained on, across or along any street, avenue, alley, or public place, pursuant to the provisions hereof, shall be installed and maintained so that the top of the rails shall, so far as practical, oonform in elevation to the grade of the s'treet, avenue, alley or public place occupied by such rails. The Railway Company, ~ts successors or assigns, shall, at its or their sole cost and expense, construct and maintain at all points where .said tracks cross any street, avenue, alley or public place, suitable crossings, so that vehicles may pass over said tracks wi th as~,,:little inconvenience as praotical j said .crossings shall be installed and maintained of such width and con- struction as the commission of said city shall require. I FILLING ALONG UNPLANKED AND UNPAVEI? STREETS i ETO. B. Between crossings on all unplanked or unpaved streets, avenues, alleys- and public places, the space between the rails, . except flange ways and such space as ma.y be required for frogs and necessary maintenance and operation of switoh points, shall, when requested by the city, be planked or filled with gravel or partly planked and partly filled with gravel, to the level of the top of the rails; andplank1ng or gravel shall . be installed and maintained for the,,1dthot one ('1) foot on the outside of -~.---.- 326 ~" each rail; all frogs and the space between guard rails and running rails shall be filled in or blocked to the extent required for safety and con- venience of traffic. SWITCH STANDS. C. No switch stand that projects above the surface I of the paving or roadway, or otherwise creates a traffic hazard, shall be erected or maintained on any of said streets, avenues, alleys or public places inside of the curb lines thereof. COST OF INSTALLATION AND MAINTENANCE. D. All of said work shall be installed and main- tained by the said Rai1w~y Company, its suocessors or,assigns, at its or their sole cost and expense. PAVING STREETS, AVENUES AND ALLEYS COST CHARGEABLE -TO RAILWAY COMPANY. Section 5. Whenever any of the streets, avenues, alleys of . public plaoes oocupied by said tracks, or any thereof, shall be required to be planked, re-planked, paved, rEi....pared, or otherwise improved or re- improved, by the said city, adjacent to said track or tracks, or any there- of, the railway o ompany , its successors or assigns, shall and will, at its or their own expense, cause the space between the rails or any track or tracks installed and maintained on, across or along such street or streets, I avenue or avenues, alley or alleys, pub1io plaoe or public places, pursuant hereto, and for one (1) foot outside of either rail, to be planked, re- planked, paved, re-paved, or otherwise improved or re-improved, with the same material, in, the same manner, and at the same time as the adjo1..n4;.ng port~Qn of such'street or streets, avenue or avenues, alley or ,alleys7 or other public place or places, shall be required to be improved by said city. CONTROL STREETS, AVENUES AND ALLEYS Section 6. The city shall retain the same control of the streets, avenue s, alleys and public places on, along or across which said railway traoks, or any of them, shall be installed or maintained, as over other streets, avenues, alleys or pub1 io waJ's; and shall have the right at all times, by general ordinance, to regulate the speed of' the locomotives, oars and trains when operated on, across or along any public street, avenue, alley or publio way; and the maximum period of time for which suoh locomotives, cars or trains shall be allowed to blockade traffic aoross or along any of I the streets, avenues, alleys or public ways, along which said tracks, or any of them, may be maintained pursuant to the provisions hereof. . And said City shall have suoh further control and'polioe power over such railway operations in said city as moy be vested in it by law. BESERVATION--OTHER PUBLIC UTILITIES. Seotion 7. The city hereby reserves to i tsel! and to its grantees the right to install and maintain all public utility faoilities ,. ~ : . ~~"""""""'~"""""""'"-""~"~""""""I.~~""'''''~'" '.""",,",' ,",,", > 327 underneath or above any of the tracks hereby authori4ed;and the said city further hereby reserves to itself' full 'and oomplete right of aocess to any space within the limits of any street, avenue, alley or public plaoe oocupied by any of suoh traoks, together with the right to open and exoavate the I ground beneath suoh tracks for all purposes of construction, inspection, maintenance and repair of any public utiliaies; all suoh rights shall, how- ever, be 'exercised in such manner as not to interfere with the aat'eoperat ion of trains on said tracks. In all oases, except emergencies, involving a possibility of such interferenoe, or of any removal ~f lateral support, or 01' excavation beneath the tracks of the railway company, its suooessors or assigns, fifteen (15) days' written notice shall be given to the railway company, its suooessors or assigns; and suoh railway oampany, its sucoessors or assigns, may furnish a representative who shall have the right to super- vise sumh excavation or other work so far as the same may affect the safety of said railway tracks or of operations thereon. If it be necessary that suoh tracks shoUld be supported or reinforoed during the progress of the oonst ruct ion, renewal, repair, maintenance or inspection of any municipally operated utility, the railway company, its successors or assigns, shall furnish and place suoh support and reinforcement, and readjust its or their I tracks, at its or their own cost and expense. RAILWAY COMPANY--LIABILITY Section 8. The Railway Campany, its successors or assigns, shall at all times proteot and save hammless said city from all claims, aotions or damages of any kind or description which may aoorue to, or be suffered by, any person or persons, firms or oorporations, by reason of the construction or maintenance of said railway tracks, or any thereof, or by reason of the operation by said Railway Company, its successors or assigns, o-f its or their railway trains over such tracks. And in case any aotion or suit shall be commenced against the oity for damages arising from said causes, or any thereof, the Railway Company, its successors or assigns, shall and will, upon written notioe to it, or them, of the commenceme~t of such action or suit, defend the same at its or their sole cost and expense; and in ease judgment shall be re.Ildered against said city in such action or suit, shall fully satisfy Buchjudgment within ninety (90) days after such action or suit shall have been finally determined if determined adversely to the oity. I LEASE AGREWENT OR OTHERWISE. OTHER COMPANIES. Section 9. The Railway Coapany, its suocessors, or assigns, shall have the right, by lease, traffic agreement, or, otherwise, to operate or permit to be operated over and upon its railway tracks wi thin the corporate limits of said City of Bozeman, freight and. passenger trains and all equipment of other railway oompanies. ASSlGNMENl' --- RlGms. Seotion 10. 'l'herights, privileges and au~horit iea granted by :128 / this ordinance, and all benefits thereof, may be assigned by the said Railway Company, its successors or. assigns, as it or they may at any ttme see fit, either as an entirety, or as respects anyone or more of the tracks or parts thereof embraced wi thin the scope of this grant; provided, however, that a oOPY of suoh assigui'leut certified as such by the secretary I of the assignee, or other offi~er or person having the proper custOdy of such assignment on its behalf, shall be filed with the said city. PURPOSE TO CONSOLIDATEt HARMONIZE AND MAKE DEFINITE PRE IOUS GRANTS. . *I Section 11. It is the purpose and intention of the City of Bozeman in granting the rights, privileges and franchises herein granted, to consolidate the rights, privileges and franchises he~tofore granted by certain ordinances, resolutions, permits and motions previously passed, approved, or adopted by the City of Bozeman, acting through its proper officers; and it 1s further the intention and purpose of this ordinance to harmonize the privileges, terms and limitations contained in the varioua prior ordinances, resolutions, and permits, relating to this general subject matter, and to definitely fix the terms, condi~ions and limitations under which the grantee herein may construct, erect, maintain and operate traokage within the City of Bozeman; and to definitely fix the rights and obligations .' of the grantee herein with reference to matters of construction, maintenance '-~~ I and operat ion, including methods of construction and methods of operations, including the kind of motor power to be employed and methods of maintenanoe of tracks and crossings; and to that end all ordinanoes, resolutions and permits, or parts of ordinances, resolutions and per.mits, 1nconf11ot herewith be, and the s~e are, hereby repealed. EXPENSES. Section 12. The Railway Company shall pay all costs and expenses of the passage of this ordinance, including the cost and expenee of the necessary publication or publications thereof. ACCEPTANCE. . Seotion 13. In order to olaim the benefit of this ordinance and to acquire the rights, priVileges and authorities hereby/granted, the"said railway company mus't, wi thin thirty days after this ordinance becomes effedtive, file with the City Commission its written acceptance here o~ duly executed; and in the event said acceptance shall not be so filed within said time, this ordinance shall cease to be effective for any purpose. I NOT EXCLUSIVE GRANT. Seot ion 14. That the granting'; of this right, lioense or privilege to construct said railway tracks or spurs shall not be an exclusive right or franchise, but the City reserves unto itself the right to grant other persons or oorporations a like or' similar priVilege. , EFFECT Section 15. This ord1nance shall beoome effective and be in :,).. 329 force, subjeot to term~nat ion by failure of aooeptanoe tllereof, as aforesaid, at the expirat ion of thirty (30) days from and after 1 ts final passage. Finally pass.d,.by the COlmniss1on of the City of Bozeman this 16th I day of October, 1931. - ~~t ,,' Attest: .' . ~~ru).r~A- ':-~~,~ ,0 ,'the Commission Introduoed, read for the first time, and provisionally passed..by the Commission of the City of Bozeman, Montana, this 9th day of October, 1931; final passage fixed for a regular meeting of the Commission the 16th day of October, 1931. - /" Notice of provisional passage published in the Bozeman Daily Chronicle ~he lOth day of Ootober~ 1931~ -Notice of final ~a8sage published in the Bozeman Daily Chronicle the 20th day of October, 1931. Accepted by the Northern Pacific Railway Company on the / tJ ?)j day of -LV'" 1/ tI2 ~ .,s 4" r 1931. .. ~. Effective the 15th day of NOVember, 1931. ,I I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the Notice in re the foregoing Ordinance No. 614 of the City of Bozeman, was published in the Bozeman Daily Chronicle, a daily newspaper of general oirculation printed and .f published in said City of Bozeman in the issue of October 10, 1931, that due proof of said 'publication was made and filed in my office. IN WITNESS WHEREOF I have hereunto se't :my hand and the corporate seal of said City this 23rd day of Ootober, 1931. ., '~f", _/ ~/AL,_~, .- . erk ...the Comm ss ion -- ...-' . I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby oertify that the foregoing Ordinance No. 614 of the City. of Bozeman, was published by title _in the Bozeman Daily I Chronicle, a daily newspaper of general circulation printed and published in said City of Bozeman in the issue of October 20, 1931, and that due proof of said publioation wa-Fde and filed in my office. , ~. IN WITNESS WHEREOF I have hereunto set my hand and the cor, -. . porate seal of said City this 23rd day of Oo~ober, 1931. ," ../ ~/A~ --" - ~. ,\ --- -. " C er. . 0 tne Commission . - .--.- -" .._,,~._. - ..... -......... '. - . .,