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HomeMy WebLinkAboutOrdinance 32- 627, Grants to Northern Pacific Railroad Company Right to Operate and Lay a Spur Track Along and Across Certain Streets 36'0 ~ ~/ , ." ..' ..... ~Q\'~"1' ....... ..~ ~ r ..,~ ~P ..' ~)d 0() -' . .' ~ .' ,.,.' 'iJ'" "." ORDINANCE NO. 627 /' AN ORDINANCE GRANTING TO THE NORTHERN PACIFIC RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO LAW DOWN, CONSTRUCT, MAINTAIN, AND OPERATE A SPUR RAILROAD TRACK IN, ALONG AND ACROSS CERTAIN STREETS, AVENUES AND ALLEYS IN BLOCKS 103, 104, and 105, OF NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, AND FOR SUCH PURPOSE TO OCCupy AND USE PORTIONS OF SAID STREETS, AVENUES AND ALLEYS IN ACCORD- ANCE WITH, AND SUBJECT TO, THE PROVISIONS OF SECTIONS 2, 3, 4, 5, e, 7, 8, I 9, 10 and 14 OF ORDINANCE NO. 614 EFFECTIVE NOVEMBER 15, 1931, AND :REPEALING ALL ORDINANCES, RESOLUTIONS AND PERMITS OR PARTS OF ORDINANCES, . RESOLUTIONS OR PERMITS IN CONFLICT HEREWITH. '. .. WHEREAS on the 22nd day of December, 1932, Northern Pacific -- ."",-" .......... Railway Company, a Wisconsin oorporation, pursuant to the proVision~of- - - ~~~ ::-.-- Section 2 of Ordinance No. 614 of the City of Bozeman, effective Novembep''16, 1~31, made application to the Commission :rOr::,a permit to construct, maintain and operate a spur track across the certain streets, avenues and alleys in .. Northern Pacific Addition to the City of Bozeman hereinafter speoified, the location of which spur track and the points of its proposed orossing said streets and alleys being shown and indicated by a red line running in a general southerly direction on the plat attached to and made a part of said .. application; and WHEREAS at a regular meeting of the said Commission of the City of Bozeman, held on the 23rd day ot Deoember, 1932, at the regular t~e and plaoe of the meeting of said Commission, it was decided to grant the prayer of said petition and to permlt the construction of said spur track over and I aoross the streets, avenues and alleys 1n said petition specified, and the City Attorney was thereupon instructed by said Commission to prepare an appropriate ordinance granting such right, privilege and authority; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: .- Seotion 1. j its successors That Northern Pacifio Railway Company, and assigns, is hereby granted the right, privilege and authority to lay ..... - -. 'down, construct, maintain and operate a spur track in, along and acroSs the , .-- ,- .."-. -" . "-. ~.,'_. -:..........~ streets, avenues and alleys in Northern Paoific Addition to the City of, - Bozeman, as hereinafter specified, to-wit: . Leaving the traok of the Northern Pacific Ra1lway Company a short .' distance East of the Northeast corner of Block 103 of Northern Pacific Addition to the City of Bozeman, and running thence in a general southerly direction through said Block 103 and Block 104, and to within a short distance of the south line of Block 105, of said Northern Pacific Addition to the City of Bozeman, said spur orosaes the alley in Block 103 in said I Northern Pacific Addition from a point in the North line thereof 108 feet more or less last of the East 11ne of Wallace Avenue in said Addition to a po1nt in the south line of said alley 114 feet more or less East of the East line of said Wallace Avenue; Crossing Tamarack'Street in said Northern Paoific Addition along a line parallel with and distant 138 feet, ...../ "' a61 . . more or less, east of the east line of Wallace Avenue in said Addition; continuing, crossing the alley in Block 104, in said Northern Paoific Addition. along a line parallel with and distance,138 teet, more or less. east of the I east line of Wallace Avenue ia said Addition; continuing, and crossing Aspen Street in said Northern Paoifio Addition to a point in the north line thereof 135 feet. more or less. eaat of the east line of Waliace Avenue in said Addition to a point in the south liUe of sa1d Aspen street 125 feet, more or less, east of the east line of said Wallace Avenue; continuing. anti orossing the alley in Block 105, said Northern Paoifio Addition, along a line parallel wi th and distant 108 feet more or <''less east of the east line of said Wallace . Avenue in said Addition, which spur track is more specifically and accurately shown by the red line running in a general southerly direction on aaid plat attached to said petition and on file with the Commission. Section 2. The right and privilege hereby granted.is granted SUbject to all .of the condition" provisions and requirements of Section 2, 3. 4, 5, 6, 7, 8, g. 10 and 14 of Ordinance No. 614 of the City of Bozeman, effective the 15th day of November, 1931. as tully as though the provisions of said sections were incorporated and set out herein. Seotion 3. The Railway qompany shall pay all coats and expenses .1 of the passage of this ordinance including the cost and expense of the pub- lication or publications thereof. Section 4. In order to olaim the benefit of this ordinance and " to aoquire the right, privilege and authorities hereby granted, said Rail- way Company must, within thirty days after the final passage hereof, file /, with the City Commission its writte~ aooeptanoe hereof duly exeouted, and .-' in the event said acoeptance shall not be so tiled wi thin said time, this ordinance shall cease to be effective for any purpose. Sect i"on 5 . This ordinance shall beoome effective and be in torce, subject to termination by failure of acoeptanoe thereof as aforesaid. at the expiration of thirty days from and after its final passage. Finally pass~d by the Commission of the City of Bozeman this 30th day of December, 1932. ~ - . .~_. .' ~." ..../ Attest: - -- ,..-. '- ....'/ ..."" -.. - ~I - '-. -- .." - --:~~,;'-; ._'.~-.,,~.--.'~- ~ <' - - -.' ,,' Endor..d, read for the first time and provisionally passed.,:the' Commission of the City of Bozeman, Montana. this 23rd day of December,1932. \ 362 Final paasage fixed for regular meeting of the Commission 30th day of Deoember, 1932. Notice of final paesage published in Bozeman Daily Chroniole the 1st day of January, 1933. Accepted by the Northern Paoific Railway Company the I".. day of January, 1933. Effective the 30th day of January, 1933. To the Commission of the City of Bozeman, Montana, a Municipal Corporat ion: Gentlemen:- Northern Paoific Railway Company, a corporation duly authorized to carryon the business of ~ommon-carrier in the State of ~ntana, and being the same Northern Pacific Railway Corporation referred to in Ordinance No. 627 ot the Ordinances of the City of Bozeman, hereby accepts the rights and privilege. given to it in said Ordinance No. 627, subject to the oonditions therein set forth, and agrees to eomp1yw1ththe terms and conditions thereof. And this shall constitute fonnal aoceptance of said Railway Company of the privileges and terms of said ordinance as required by Seotion 4 thereof. Norther.n paO.if.iO Railway COJIlpany 'I' '.... . By. tSigned) 71u8 Presiden Attest: (Signed)_ Assistant Secr.~ary (SEAL) I, Carolyn Westlake, Clerk of the Commission at the City of Bozeman, do hereby oertify that the toregoing Ordinanee No. 627 ot the City at Bozeman, Mo.ntana, was published by title in the Bozeman Daily Chronicle, a daily newspaper of general c irculat ion, printed and published in the said City ot Bozeman, Montana, in the issue of January 1, 19:33, and that due proof of said publication was made and filed in my o'ffioe. IN WITNESS WHEREOF I have hereunto Bet my hand and the corporate _ _e~l of _aid City thi_ 3"d day of January. 1933:, i ~_ _ '- /~/. -- ,...--'-"_ ' \0} A i ?Jt/~ - , ,--- iIi,,:',. '::. " ,. "'.~~"",' ,: .