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HomeMy WebLinkAboutOrdinance 33- 636, Grants Right-of-Way to Northern Pacific Railroad Company Through Blocks 53, 100, 106 and 10'7 of Northern Pacific Addition .', ~ ~ 385 ~,\",c:s.co. (" ... ~' . J J )- .----... ?, /- ~"-'I)J '" ''--.- ORDINANCE NO. 636 ,...,.... . AN ORDINANCE GRANTING TO THE NORTHERN PACIFIC RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO LAY DOWN, CONSTRUCT, MAINTAIN AND OPERATE A S.PUR RAILROAD TRACK IN, ALONG AND ACROSS CERTAIN STREETS, AVENUES AND ALLEYS IN BLOCKS 53, 100, 106 and 10'1 OF NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, AND FOR SUCH PURPOSE TO OCCUPY AND USE PORTIONS OF SAID STREETS AND ALLEYS IN ACCORDANCE WITH, Atm'BUBJECT TO THE PROVISIONS OF SECTIONS 2,3,4,5 I ~,7,8,9,lO, and 14, OF ORDINANCE NO. 614, EFFECTIVE NOVEMBER 15, 1931, AND REPEALING ALL ORDINANCES, RESOLUTIONS.A.ND PERMITS OR PARTS OF ORDINANCES, RESOLUTIONS AND PEBMITS IN CONFLICT HIRDITH.. WHEREAS on the 29th day of August, 1953, Northern Pacitic Railway ~~ Company, a Wisconsin corporation, pursuant to the provisions ot Seotion 2 ot Ordinance No. 614, ot the City ot Bozeman, Montana, etfective November 15, 1931, made application to the Commission tor a permit to construct, maintain and operate a spur traok acrose oertain streets, avenues and alleys in Northern Pacitic Addition to the City ot Bozeman, hereinafter specified, the location of whioh spur track and the points of its proposed cro~sing and oocupation of said streets and alleys being shown and indioated by a red line running in a generally westerly direction on the plat attached to and made a part of said applioation; and WHEREAS at a regular meeting of the said Commission of the City of Bozeman, held on the 8th day of September, 1933, at the regular time and place of the meeting of said Commission, it was decided to grant the prayer of said '. petition and ~o permit the construction ot said spur traok over and across the I streets, avenues and alleys in said petition specified, and the City Attorney was thereupon instructed by said Co~is8ion to prepare an appropriate ordinance granting suoh right, privilege and authority; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That Northern Pacific Railway Company,. its suocessors and assigns, is hereby granted the right, privilege and authority to lay down, con- struct, maintain and operate a spur track in,along and aoroes the streets, avenues and alleys in Northern Pacitic Addition to the City of Bozeman, as hereinafter speoified, to-wit: 'rhe proposed spur track is shown on the plat attacl1ed to the application tiled August 29, 1933, by the red line leaVing the traok of the , . Northern Pacific Railway Company a short distanoe northeasterly of the warehouse of the Brotherton-Kirk Seed Company, shown on said plat at the point marked "H.B. '1402+13.4 -- ~' _ OrOO Prop td spur" I and running thence in a general westerly direotion through Blocks 53, 100 and ~ 106, and across ~allaoe Avenue to and upon Blook 107, in said Northern Pacific ~ Addition to the City of Bozeman. Said spur crosses Front street trom a point in the northeasterly line ot Block 53, in said Addition, twelve teet, more or less, northwesterly from the easterly corner of Lot Six, in said Block, to a point in the southwesterly line of the :Northern Pacific Railway CompanY'6 right of way, five feet, more or less, southeasterly ot the proiuce4 northwesterly line of Lot Nine, in said B100k 53. ooa~1.u1ng from said above menrioned , 386 ; l' beginning point, in a westerly direction acroes said Block. 53, crossing Plum street trom a point in the easterly line thereof one hundred and torty-two teet, more or less, northerly of an easterly production of the northerly line of Peach street, to a po;1nt in the westerly line of said Plum Street- one hundred fifty-two feet, more or less, northerly of the J northerly line of said Peach Street; thenoe westerly crossing the alley running north and south in Block 100 of said Northern Pacific Addition to the City of Bozeman, along a line parallel with and distant one hundred and tifty feet northerly of the northerly line of said Peach Street; thence .esterly in the alley running east and west in Block 100, in said Addition, along a line parallel with and distant one hundred and fifty feet northerly of the northerly line of said Peach street; thence westerly orossing Ida Avenue in said Addition along a line parallel with and distant one hundred fifty teet northerly of the northerly line of said Peach street; thenoe along in the alley running east and west in said Blook 106 in said Addi~ion along a line parallel with and distant one hundred tifty feet northerly of the northerly line of said Peaoh Street and extending from the westerly line of Ida Avenue wes~erly a distant of two hundred forty two teet, more or less, to a point ofdurve; thence along a curve to the right to a point in the northerly line Of said alley seventy- tive feet, more or less, easterly of the easterly line ot Wallace Avenue, I' in said Addition; thence in a .esterly direction aoross Lots 1, 2, and 3, in said Blook i06, to Wallace Avenue,in said Northern Paoific Addition, and croBsing said Wallaoe Avenue from a point in the easterly line thereof one hundred seventy eight teet, more or less, northerly of the northerly lineaf said. ,peach Street, to a point in the westerly 11;ne of said Wa11aoe Avenue one hundred eighty-five feet, more or less, northerly of the northerly line of said Peach Street; thence to and upon said Blook 107; which spur track is more specifically and accuratelY shown by a red line running in a generally westerly direction on said plat attached to the eaid application tiled herein on ~he 29th day of August, 1~33. Section 2. The right and privilege hereby granted is granted . SUbject to all the conditions, provisions and requirements of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 14 of Ordinance No. 614 of the City of Bozeman, effective November 15, 1~3l, as fully as though the provisions_of said seotions were incorporated and Bet out herein. Section 3. A. All railway tracks installed .or maintained on, I acrose or along any street, avenue, alley or public place pursuant to the prbTiaions hereot shall be installed and maintained so that the top of the rails shall, as far as practioable, conform in elevation to the grade of the s~re.t, avenue, alley or public place oocupied by such rails. The Railway Company, its successors or assigns shall at its or their sole cost and expense oonstruct and maintain at all points where said traoks cross any street, avenue, alley or public place, suitable crossings so that vehioles 387 and/or pedest:f'ians may pas,s ov.er sald."raeka, w1 th as little inoonvenience as practicable; crossings shall be installed and maintained as follows at the points on the map attached to said ppplioe.tion filed herein on August 2g, U~33 : At Station If'58rFa twenty-tour foot plank crossing; I At Station 3r55! ia sixteen toot plank oroBsing; At Station 4+?0.5! i a sixteen foot plank crossing; At stat ion 8+-?g:t 1:-- a twenty-tour toot plank crossing; At Station 13+40.5~ia sixty-foot Bithulitic orossing; At Station 9-tOO!" f- (west side Ida Avenue) a 5'x16'Bithulitic cross walk. and in addition the plank orossing installed on the Tealow spur at Tamarack Street shall be removed, and a bithulitic orossing substituted therefor; pro- vided, that if and when in'the opinion of the Commission of the City of Bozeman, the aforesaid crossings, or any thereof, may beoome inadequate to meet the demands of traffic, they shall be tmproved as to construction and/or width as ordered by the City at the sole expense of the railway company. "~. !!. Betw.en crossings on all unplanked or unpaved "Streets,' avenue,s or alleys, the space between the rails, except flange ways and such spa-ce~s~Y-"-~~- be required for frogs and neoessary maintenanoe and operations of sw1J;C1r,~2"1'Ats , -~ shall, when requested, by the city be planked or filled with gravel or""~,amy I planked and partly filled with gravel to the level of the top of the rail-s;--' and planking or gravel shall be installed and maintained for the width of one foot on the outside of each rail; all trogs and the spaoe between the guard rails and running rails shall be filled in or blocked as required tor the safety or convenience of traffio, provided that in the alley in Block 106, (and in the wast and west alley in Blook 100 if and when it may be desirable to .- provide a way for vehicular traffic through said alley), the planking or gravel shall be installed and maintained the full width of the alley. ", -. /- ..............~ .. -: "'~. "..,";' - C. (1) Culverts with an opening not less than one square~fo6~~J~ ~ . A. ,;'./,.... -,- ..0 "- area shall be installed and maintained 111 the gutter (a) on the nortb.'.fe1!-t~rly side of Plum street; (b) on the eaaterly side of Ida Avenue; and (c) on-,,"'-- ...- westerly side of Ida Avenue. (2) stor.m sewer inlets 12- % 12" in size with approved six inoh tile conneotions to the storm sewer shall be installed and maintained in the gutter (a) on the east and west sides, respeotive1y, of Wallace Avenue, south of the proposed railway track; (b) on the north and south sides, respectively, I of Tamarack Street west of the spur traok to the Teslow Grain Company elevator... D. No switch stand that proJeots above the surface of the paving or " ' roadway, or otherwise creates a traffic hazard, shall be ereoted or~milJ'~,*l1"~R~/' --- ~ .;..... on any of said streets, avenues, alleys or public places inside of the Q'~ .'~ ....., lines thereof. r_ J. All of said work shall be installed and maintained by theS'a1" Railway Company, its suocessors or as.igns, at iiB or their sole cost and expense. ".,,'" ,'.,' , , '388 '. " ,,. t:..:~ ~ . ,. ' ' , h --. Sect.ion 4. The Railway CODlpany shall pay all oosts and expenses of ". the Pel.sage 01' this Ordinance, inoluding the costs and expenses of the . . '. publioation or pUblioations thereof. ":~', ; - Seotion 6. In order to olaim_the benefit of this Ordinance and to '.'. aoquire the rights, privileges and authorities hereby granted, said Northern I ..~~ f"'.to.;. Paoific Railway Company must, within thirty days after the final passage 00' ~.. .. - hereo f , file with the City Conmission its written aoceptance hereof duly ., executed, and in the event said aooeptanoe shall not be so filed within the said time, this ,Ordinance shall cease to be effective for any purpose. Section 6. This Ordinanoe shall beoome effeotiv~ and be in force, subjeot to the termination thereof, by failure of aoceptance thereof as aforesaid, at the expiration of thirty days from and after its final passage. Finally pa8sed by the Commission of the City of Bozeman, this 15th day of September, 1933. "",,,. ~ , . .~ I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby oertify that the foregoing Ordinanoe No. 636 of the City I of Bozeman, Montana was published by title in the Bozeman Daily Chronicle, a diily newspaper. of general circulation, printed and published in the said City of Bozeman, in the issue of September 10, 1933, and that due p~c6f of said publioation was made and filed in my office. ... IN WITNESS WHEREOF I have hereunto set my hand and the seal of my ..-" . otfioe this 11th day of September, 1933. -. -' ................. '....~---, ...-~,..., - ....-:>;:'..... '~ "" . ~'.. 0... '-,..~~... ,..- .:......:.... '~'_ __ ...........__ J ,.., - e, """""'-"'~'r"'.....,,'"- .. Carolyn Westlake, I, Clerk of the Commission of the City of B01AllEn, Montana, do hereby oertify that the foregoing Ordinance No. 636 ., the City of Bozeman, Montana, was published by title in the Bozeman Daily Chronicle, a daily newspaper of general oiroulation, printed and published in the said City of Bozeman, in the issue of September 19, 1933, and that due proof Of said publication was made and filed in my offioe. -- IN WITNESS WHEREOF I hereunto set my hand and the seal of my offioe I th~$ 19th o.y of September, 1933. .".. ...... /' .," ~ ,.....,.,....:::-''0;;." .....-""'>""'<.. -" C1Gt~aJ1ttd:n -jt.-.,... - - '~;.'\'-' ~,.:-.'"' .J" ~.. -.. - ',. "., -'~ .--" .- !I ,. '" ;" '" :'.,. '," ,., ~.".~:.,~.' - .i,