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HomeMy WebLinkAboutOrdinance 58- 809, Grants to Chicago, Milwaukee, St. Paul and Pacific Railroad privilege tolay certain tracks; repeals Ords. 89, 314, 406, 541, 549,601 and Res. 22 477 Rapals OrdiiaRc "., ... .~ . ORDINANCE NO. 809 8" '...}?:!~1-_#'''~._~#'/-S-#9- G."/ . {iN'. AN ORDINANCE GRANTING TO THE CHICAGO, MILWAUXEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO LAY DOWN, CONSTRUCT, MAINTAIN AND OPERATE SUNDRY RAILROAD TRACKS m, ALONG AND ACROSS VARIOUS STREETS, AVENUES, AILEYS AND OTHER PUBLIC PLACES IN THE CITY OF BOZEMAN, AND FOR SUCH PURPOSE TO OCCUF'f AND USE PORTIONS OF SAID STREETS, AVENUES, ALLEYS AND PUBLIC PLACES, AND REPEALING ORDINANCE NO. 89, PASSED AND APPROVED MARCH 3, 1892, ORDINANCE NO. 314, PASSED AND APPROVED DECEMBER 12, 1906, ORDINANCE NO. 406, PASSED .AND APPROVED JULY 26, 1910, ORDINANCB I NO. 641, PASSED MAY 8, 1924, ORDINANCE NO. 549, PASSED APRIL 23, 1925, ORDINANCE NO. 601, PASSED AND APPROVED OCTOBER 24, 1930, AND RESOLUTION NO. 22, PASSED AND AOOPTED NOVEMBER 16, 1922, GRANTING RIGHTS AND PRIVILEGES WITH RESPECT TO THE CONSTRUCTION, MAINTENANCE AND OPERATION OF' RAILWAY TRACKS IN, ALONG AND ACROSS CERTAIN STREETS, AVmUES, AlLEYS AND PUBLIC PLACES IN THE CITY OF BOZEMAN. WHEREAS, by Ordinanoe No. 89, entitled. "An Ordinanoe granting the right and privilege to build, con- struct, equip, maintain and operate street railways tn, over, along and upon the streets, avenues and alleys of the City of Bozanan, l4ontana," passed and approved Karoh 3, 1692, which said Ordinanoe was amended by Ordinanoe No. 314, entitled. "An Ordinanoe anending Seotion Number 2 and Section Number 14 of, and adding two additional Seotions, to be known as Section Number "4-A" and Section Number "~-A", to, Ordinance No. 89, entitled. "An Ordinanoe granting the right and privilege to build, construct, 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 Gallatin Valley Electrio Railway, its successors and assigns, the right and privilege of orossing and occupying certain streets and alleys in the City of Bozeman, at the points and along the lines therein designated and described," passed and approved July 26, 1910; Ordinance No. 641, entitled. "An Ordinanoe granting to Chioago, Milwaukee and St. Paul Railway Company, a corporation, the right to construct, equip, maintain and operate a railroad track across Montana Avenue, the alley in Block 2, and along certain portions of Oak Street, all in lmes' Addition to the City of Bozeman, passed Kay 8, 1924; Ordinanoe numbered 649, entitled: "An Ordin- ance granting to the Chioago, Milwaukee & St. Paul Railway Company, a corporation, the right to construct, equip, maintain and operate a railroad track .cross tnd along oertain portions of Oak Street, all in the City of Bozeman, Montana," passed April 23, 1925; Ordinanoe numbered 601, entitled. "An Ordinance granting to the Chicago, Milwaukee, St. Paul and Pacifio Railroad Company, its successorseaxi.d assigns, the right.. privilege and au tho ri ty to lay down, oonstruct, maintain and operate sundry railroad tracks in, along and across various streets, avenues, alleys and other public plaoes in the City of Bozeman, and fbr suCh purpose to oocupy and use portions of said streets, avenues, alleys and public plaoes," passed and approved Ootober 24, 1930; and by Resolution numbered 22, entitled. "A Resolution of the City Commission of the City of Bozeman, Montana, granting pennission to Chicago, Milwaukee, & St. Paul ~ilway Company to oocupy with its tracks portions of certain streets within the oorporate limits of said City of Bozeman," passed and adopted November 16, 1922; the City of Bozeman, Montana, granted unto the various grantees named in said ordinances and resolution, the right, and privilege and permission to construct, equip, maintain, and operate certain I railway tracks in, over, along, across and upon various streets, avenues, alleys and public places, in the Ci ty of' Bozeman; and WHEREAS, pursuant to the authority 80 conferred various railway tracks were constructed, maintained and operated over, upon, along and across certain streets, avenues, alleys and publio 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, the Grantee herein, Chioago, Milwaukee, St. Faul and Pacific Railroad Company, a Wisconsin corporation, has hereto fore acquired the title to all of said railway properties now maintained upon, al ong, across and over the streets, avenues, alleys and public places in said City of Bozeman, Under or pursuant to the provisions of said ordinances and resolutions; and has succeeded to all rights and privileges granted ~ said Ordinances and resolution, not heretofore surrendered or abandoned, and WHEREAS, the said ordinanoes and resolution were passed at different times and are not uniform in their provisions and there are, qr may be conflioting provisions in the terms of said various ordinanoes and reso- lution; and WHEREAS, it is desired to consolidate the rights, privileges and franohises heretofore granted by said ordinances and resolution; and to provide unifor.m terms under whioh the streets, alleys, avenues and public pla.ces in said City now occupied and used for railroad purposes pursuant to the provisions of any of said ordinances and resolution may be used and ocoupied for railroad purposes by said Chicago, Milwaukee, St. Paul and iacific Blilraod Company; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF' THE CITY Or' BOZEMAN: GRANT AND ROUTE Section 1. That there: be, and is hereby, granted to the Chicago, Milwaukee, St. Paul and iaoHie Rail- road Company, a Wisconsin Corporation, hereinafter referred to as the "Railroad Company", its successors and assigns, the right, privilege and authority to lay down, oonstruct, maintain and operate, railways of stand- I ard guage, together with all necessaryllWitches~ sidetraoks, spur tracks, turnouts, yard traoks, connecting traoks, telegraph and telephone lines, and other appurtenanoes, and to operate locomotives and cars thereon, along, over, upon and across certain streets, avenues, alleys and public plaoes in the City of Bozeman; and . for such purpose to oooupy or use portions of such streets, avenues, alleys and public places, all as herein- after more particularly deseribed and limited; all of which rights, privileges and authorities are hereby gr~nted subject to the oonditions, speoifioations and requirements in this ordinance expressed. The general routes of the railway line and branches (but not including switches, siding, spurs, yard or oonnecting tracks) whioh said railroad oompany, its sucoessors and assigns, is hereby authorized to lay down, construct, maintain and operate along, over, upon and across streets, avenues, alleys and public plaoes in said City of BOZemBD, are as follows. 478 (a) Along the general route of the" main line of railroad of said Railroad Company, as the same is now established, extending from a point in the southerly boundary of said City of Bozeman to a point in the northern boundary of said City, the route of said main track being further described as follows, to-witc Beginning at a point on the south line of West Lincoln Street, in said cit,y, said point being in the south city limits of said city, distant approximately 30 feet west of the west line of Willson Avenue, produced southerly across said West Lincoln Street; running thence north, 300 19' East, approximately 660 feet, to a point in the east line of Block Nineteen (19) of Butte Addition to the City of Bozeman, said point being in the east city limits of said city; running thenoe northeasterly I outside of the limits of said Cit,y of Bozeman, to a point where the oenter line of said Rtilroad Company's main track as now constructed intersects with the north line of Section Eighteen (18), Township Two (2), South, or Range Five (5) E., M.P.M., said point being approximate1b 216 feet west of the North Quarter corner of said Seotion; running thence north, 36 40' East, along the center line of said main track as now established, approximately 1820 feet to a point in the west line of Wallace Avenue South, in said City, now vacated; thence on the arc of a 6 degree curve to the left, 200 feet; thence north 240 40' East, 76 feet, more or less, to the point of switch of a track now established connecting with the main track of said Railroad Company at Station 31~53.8 of the Engineers' Stations of said railroad; thence continuing north, 240 40' East, 506.6 feet along the center line of the main track of said Railroad Company in said cit,y, to the point of beginning of a 60 curve to the left; thence on the are of said curve 408.3 feet; thence northerly tangent to said curve, 0 209.4 feet; thence on the arc of a 12 eurve to the right, 464.8 feet; thence northeasterly on the arc of a 40 curve to the right, 97.8 feet to the point of W'Witch of a track now connected with the main track of said Re.ilroad Company at Station 49~07.8 of the Engineers' Stations of said main track; thence continuing on the arc of said 40 curve to the right, 180 feet to the point of switch of the railroad company's industry track connecting with its said main track at Station 60~87.8 of the Engineers' Stations of said main track; thence continuing on the arc of said 40 curve, 315.1 feet; thence easterly, tangent to said ourve, 1183.1 feet to a point in Lot Five (5) of Block Thirty-six (36), of Norther.n Pacific Addi- tion to said City of BozemanA thence on the ere of a Talbot spiral to the left, through a central angle of 3 36', 120 feet to a point; thence on the arc of a 60 curve to the left. 427.8 feet; thence on the arc of a Talbot spiral to the left, through a central angle of 30 36', 120 feet; thence northeasterly, tangent to said spiral, 381.3 feet; thence on the arc of a Talbot spiral to the left, through a central angle of 20 27', 140 feet; thence on the arc of a 30 30' curve. to the left, 1787.6 feet; thence on the arc of a Talbot spiral to the left, through an angle of 20 27', 140 feet; thence northwesterly tangent to said spiral, approxi- mately 2,010 feet to a point in the north line of Block Seventy-eight (78) of Northern Pacific Addition to said City of Bo~eman, said point being in the north I boundary line of said City. (b) Along the general route of a branch line track, as the same is now established, extendinf from a connection with said main track the route of which is described in the foregoing paragraph a), at station 60~87.8 of the Engineers' Stations of said main track, to a point in Oak Street, in said City between Tracy Avenue North and Willson Avenue North, in said City, produced across said Oak Street; the route of said branch line being further described as followsc Beginning at the connection of said branch line with the said main track, the route of which is described in the foregoing paragraph (a) which point of connection is at Station 50~8~.8 of the Engineers' Stations of said main track; running thence northeasterly on the alignment of a No. ~ turnout to the left, 94.9 feet to a point; thence easterly, on the arc of a 120 48' curve to the left, 194.1 feet; thence on the arc of a 120 30' curve to the left, 333.8 feet; thence northerly, tangent to said curve, 362.3 feet, thence on the arc of a 100 00' curve to the right, 177.9 feet; thence northerly tangent to said curve, 352.1 feet; thence on the arc of a 130 00' curve to the left 363.9 feet; thence northwesterly tangent to said curve, 212.0 feet; thence an the arc of a 300 00' curve to the left, 143.0 feet, thence northwesterly of the alinement of a #6 turnout, 136.0 feet to a point approximately in the center of Plum :Ienue; thence westerly along East Peach Street, 1136.4 feet; thence on an are of 3 0 00' curve to the right 286.2 feet; thence on the arc of a 100 00' curve to the right 100.0 feet; thence norhterly tangent to said curve, 14.3 feet; thence on the arc of a 10000' curve to the left 100.2 feet; thence northerly tangent to said curve 196.41 feet more or less to a point in North Church Avenue 145 feet south of the south line of Tamarack Street; said point being the beginning of line change completed in 1957; thence northerly along center line of balc:k of said line change 696.0 feet. thence to the left along an eight degree curve a distance of 343 feet more or less to a point in the north line of East Hemlock Street 22.6 feet more or less west of the west line of. North Church Avenue, excepting that portion lying in Lot #12, Block 115 of Northern Pacific Addition to City of Bozeman, Montana; thenoe along the arc of said eight degree curve across Lots I 13, 14, 15, l~ and 17, said Lots being Railroad property, to a point in the south alley line of Block 114 of Northern Pacific Addition to the City of Bozeman, Montana, 184.0 feet more or less east of the east line of North Rouse Avenue, thence along said eight degree curve a distance of 21.4 feet more or less to a point in the north alley line of said Block 114, 169.8 feet more or less east of the east line of North Rouse Avenue; thence northwesterly across Lots 7, 6. 6, 4, 3 end 2 of said Block 114, said Lots being Ra.ilroad property, to a point in the south line of East Birch Street 44.40 feet east of the east line of North Rouse Avenue, thence in a northwesterly direction along the center line of the presently operated railroad 148.23 feet, thenoe along the arc of a sixteen degree curve to the left 6.39 feet to a point in the west line of North Rouse ORDINANCE NO. 809 479 Avenue lying 67.89 feet north of the north line of East Wirch Street; thence northwesterly across Block 1 and vacated "ley of Block 1 of nnes Addition to the City of Bozeman, Montana, said Block 1 being the property of Montana Flour Mills Co., to a point in the east line of North MontanaAvenue 246.91 feet north of the north line of East Birch Street, thence in a northwesterly direction 79.89 feet to a point in the west line of North Montana Avenue 298.66 feet north of the north line of East Birch Street; thence northwesterly across a portion of I Block 2 of said Imes Addition, said portion of Block 2 being Railroad property, to a point in the south line of East Oak Street 141.0 feet more ot less west of the west line of North Montana Avenue; thence along the arc of an approximate thirteen degree thir~-nine minute curve 168.3 feet, thence westerly tangent to said thirteen degree thirty-nine minute curve 942.1 feet more or less to the end of track, center line of said track lying parallel to and 10 feet north of the south line of East Oak Street. (c) Along the general route of a branch line or spur track, as the same is now established, extend- ing fram a point of connection with said main track, the route of which is described in the foregoing paragraph (a), at Station 31.1.53.8 of Engineers' Stations of said main track, to a point in Block D, of Rouses's Second Addition to the City of Bozeman; the route of said branch line being further described as follows I Beginning at the point of connection of said branch line with the said main track, the route of which is described in the foregoing paragraph (a), which point of connection is at Station 31!53.8 of the Engineers' Stations of said main track; running thence northerly on the alignment of a No. 7-1/7 turnout to the left, approx~ately 70 feet; thence on the arc of a curve to the left of approximately 100, 120 feet; thence on the arc of a curve to the left of approxi- mately 30~, 280 feet, to a point on the east line of Lot Sixteen (lS), in Block D of Rouse's Second Addition to Bozeman; thence westerly, across said Lot Sixteen (lS), approximately 130 feet to a point which is the westerly terminus of said branch line or spur, Cd) Along the general route of a branch line or spur track, as the same is now established, extend- ing from a point of connection with said main track, the route of which is described in the foregoing paragraph (a) at Station 49.1.07.8, of ~e Engineers' Stations of said main track, in a general southwesterly direction, a distanoe of approximately 204.6 feet; the route of said branch line or spur track being further described as followsl I Beginning at the connection of said branch line or spur track with the said main track, the route of which is described in the fore- going paragraph (a), whioh point of conneotion is at Station 49!07.8 of the Engineers' Stations of said main track; running thence southerly on the alignment of a No. 6 turnout to the left, approximately 62.5 feet to a point; thence on the arc of a 320 curve to the left, 15 feet, to a point; thence southerly, tangent to said curve, 77feet, to the southerly tenninus of said track. <i) Along the general route of a branch line track, as the same is now established, extending from a conneotion with said branoh line, the route of whioh is described in the foregoing paragraph (b), at or adjacent to the intersection of East Peach Street with Plum Avenue, to a conneotion with a railway track of the Northern Facifio Railway Company, as the same is now established across front street, in said City of Bozeman; the route of said branch line being further described as followsl Beginning at the oonnection of said branch line with the said branch line the route of which is described in the foregoing para- graph (b), which point of conneotion is at the intersection of East Peach Street wi th Plum Avenue, in said c1~; runn1ng thence easterly, along the tangent in said track the route of which is described in said paragraph (b) as extending along East Peach Street, as said tangent is produoed easterly across Block Fif~- three (63) of Northern Pacifio Addition to Bozeman, approximately 115 feet; thence southeasterly, on the arc of a 60 curve to the right, approximately 2D~ feet, to a point in Lot Thirteen (13), in said Block Fifty-three(63); thence southeasterly, on the arc of a 220 curve to the right, approximately 150 feet to a point of connection with a railway traok now located in said Front Street; thence southeasterly along said Front Street track as now established, approx~etely 400 feet to a conneotion with a I railway track of the Northern Paoific Railway Company now con- structed across said Front Street. (f) Along the general route of a branch line or spur trac~.~a8 the same is now established, extending from a connection with the said branch line or spur track the route of which is described in the foregoing paragraph (e), at a point approximately 400 feet northerly from the tenninus of said track described in said paragraph (e); thenoe running northerly along said Front Street, approximately 300 feet, to a connection with a spur track belonging to the Northern Pacific Railway Company now established in said Front Street opposite Lot seven (7), of Block Fifty-three (53) of said Northern Pacific Addition to Bozeman. ORDINANCE NO. 809 480 (g) Along the general route of a spur track, as the same is now established, extending from a connection with said branch line the route of which is described in paragraph (b) at Station 33~65.0; thence along the alinement of a #7-1 (l turnout to the left 63.0 feet, thence 47 feet more or less to the intersection of said spur track with the north line of East Oak Street. (h) Along the general route of a spur track, as is now established, extending from a connection with said branch line the route of whioh is described in paragraph (b) at Station 3l~45.0; thenoe along the alinement of a i1~l/7 turnout to the left 63.0 feet, thenoe 47 feet more or less to the intersection of said spur track with the north line of East Oak Street. (1) Bounding the general route of double spur tracks sarving Montana Flour Mills at the point where I said spur traoks cross Montana Aienue North, said tracks conneoting with branoh line the route of whioh is described in paragraph (b) at Stations 25136.7 and 24~80.5, being more partioularly desoribed as followsl Beginning at a point in the west line of Montana Avenue North 68.0 feet south of the northeast corner of Blook 2, Imes Addition to the Ci~ of BOZEman, Montana, thence southerly along the west line of Montana Avenue North 30.0 feet, thenoe easterly 62.3 feet to a point in the east line of Montana Avenue North, thence northerly along the east line of Montana Avenue North 30.0 feet to a point 76.0 feet south of the north line of Block 1 of said lmes Addition, thenoe westerly 62.3 feet to the point of beginning. STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OCCUPIED Section 2. That there be, and hereby is, granted to said Railroad Company, its suooessors and assigns, for the construotion, maintenanoe and operation of said tracks hereinbefore referred to, the right to occupy with said tracks and their appurtenanoes, and to use for the operation thereof, streets, avenues, alleys and public plaoes in said City as followsl (a) To construct, maintain and operate said main track described in paragraph (a) of Section 1 hereof, acroSlS the following streets, avenues, alleys and public places within the following limits namely. .Across West "Lincoln Street between the all.ey in Block TwIlnty-One (21) of Butte Addition to the city of Bozeman, produoed southerly across said street, and Willson Avenue, South, produced tormssssaid street; .Across Willson Avenue, South, between West Lincoln and West Grant Streets, in Butte Addition to the Cit,y of Bozeman; Across West Grant Street, between Blocks nine~een (19) and Twenty (20), I in said Butte Addition to the City of Bozeman; Across Church Avenue South, between East Dickerson Street, produced across said Church Avenue South, and East Story Street. Across East Story Street near the east line of Church AVenue South produced across said East Story Street; Aoross the alley in Block E, of Rouse's Second Addition to Bozeman; Across Wallace Avenue South, between the south line of Rouse's Second Addi tion to Bozeman produced, and East Curtiss Street, produced easter- ly across said Wallace Avenue; Across the alley in Block F, of Rouse's Second Addition to Bozeman; Across East Main Street near the intersection of said street with Ida Avenue; Across Broadway Avenue at an adjacent to the intersection of said avenue with East Mendenhall Street; Across East Mendenhall Street at and adjacent to the interseotion thereof with Broadway Avenue; Across North Switzler Avenue between Blocks Thirty-six (36) and Thir~- seven (37) in Northern Facific Addition to the City of Bozeman; Across I Street between Blocks Sixty-six (66) and Sixty-seven (67) of Northern Pacifio Addition to the City of Bozeman; Across Walnut Street between Blocks Sevent,y-seven (77) and Seventy- I eight (78) of Northern Fa&~fic Addition to the City 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 5l~92.8 of the Engineers' Stations of said main traok, easterly across North Cypress Avenue between Blocks Thirty-three (33) and Thirty-four (34) of Northern Facific Addition to the City of Bozeman, across North McAdow Street between Bloqks Thir~- four (34) and Thir~-five (36} of said Northern Pacific Addition to the City of Bozeman, to a point of connection with said main traok at Station 63~22 of the Engineers' Stations of said main track, which point is in North Aylsworth Avenue, between Blooks Thirty-five (36), and Thirty-six ,( 36) of said Northern Pacific Addition to said City of Bozeman. ORDINANCE NO. 809 48t (b) To construot, maintain, and operate said branch line traok, described in paragraph (b} of Section 1 hereof, across, upon and along the following streets, avenues, alleys and public places within the following limitu Across that portion of East Mendenhall Street lying northerly of the main track dea,cribed in paragraph (a) of Section 1, hereof, and between Bloo ks thirty (30) and Thirty-three (33) of the Northern Pacific Addition to the City of Bozeman; I Across Fridley Street south of the west Half of Block Forw...nine (49) in Northern Pacific Addition to the City of Bozeman; Across and along that certain alley or public way in Block torty- nine (49) of Northern Pacific Addition to the City of Boze~, which runs parallel to Front Street, in said City; Across Broadway Avenue between Orange Street and Front Street; Across and along that certain alley in Block Fi~-three (63) of Northern Pacific Addition to the City of Bozeman, which runs parallel to Front Street, in said City; Across Plum Avenue at its intersection with East Peach Street, in said Ci ty; Along East Peach Street, beginning at the east 1 ine of Plum Avenue and running thence Westerly, along said East Peach Street, to a point in the north line of said East Peaoh Street, easterly from, but adjaoent to, the southwest corner of Blook One Hundred seven (101) of Northern Pacifio Addition to the City of Bozeman; and across Ida Avenue North and Wallace Avenue North at the interseotion of said avenues, respeot- ively, with said East Peach Street; Along Church Avenue North from a point in the east line of said AVenue northerly from, but adjacent to, the southwest corner of Block One Hundred Seven (101) of Northern Pacific Addition to the City of Bozeman, northerly along said Church AVenue to a point in the north line of East Hemlook Street 22.5 feet west of the west Une of Church Avenue North; and across East Cottonwood Street, East Aspen Street, East Tamaraok Street, East Juniper Street and East Hemlock Street, at the intersections of said streets with said Church Street. I Across that certain alley in Blook One Hundred Fourteen (114) of saie Northern Paoific Addition which runs parallel to East Hemlock Street; Across Rouse Avenue Noeth and East Birch Street at and adjacent to the intersection of Rouse Avenue North and East Birch Street; Across Montana Avenue North between Blocks One (1) and Two (2) of said Northern Pacific Addition; Along Oak Street from a point in the south line of said street between Montana Avenue North and Bozeman Avenue North, westerly to a point in the west line of Third Avenue North, produced across said Oak Street; and across Bozeman Avenue North, Black Avenue North. Tracy Avenue North, Willson Avenue North, Gr8.nd Avenue North, and Thi rd Avenue North, at the intersection of said ,venues. respectively. with said Oak Street. ( c) To construct, maintain and operate said branch line or spur track described in paragraph (c) of Section 1 hereof, across Wallace Avenue, in said C1~, between East Curtiss Street and East Olive Street. (d) To construct, maintain and operate said branch line or spur track described in paragraph (d) of Section 1 hereof, across that portion of Broadway Avenue. in said Cit,y, westerly, fram the point of connectmn of said branch line or spur track with the said main track desoribed in paragraph (a) of Section 1 hereof. which point of connection is in said Broadway Avenue, to the West line of said Broadway Avenue between East Main Street and East Mendenhall Street. (e) To construct, maintain and operate said branch line described in paragraph (e) of Seotion 1 hereof, across, upon and along the following streets, avenues, alleys and public places within the following limits a Across Plum Avenue and along East Peach Street, in said Gi~', from I the point of connection of said branch line track with the branch line track described in paragraph (b) of Section 1 hereof, to the east line of said Plum Avenue; Across that certain alley in Block Fif~-three (53) of Northern Pacific Addition to Bozeman, which runs parallel to Front Street, in said City; Across Broadway Avenue, adjacent to the intersection of said avenue with the southerly line of said front street; Along said Front Street from a point in the southerly line in said street between the easterly and westerly side lines of said Broadway Avenue, sothereasterly. to the ~outhea8ter~.terminus of said branch line track as now constructed. ORDINANCE NO. 609 ,- _c 482 (f) To construct, maintaIn and operate saia branch line or spur track described in paragraph (f) of Section 1 hereof, along said Front Street from the connection of said traok with said branch line track described in paragraph (e) of Section 1 hereof, in said Front Street, northwesterly to the north- western terminus of said branch line or spur track as now constructed. Also, to maintain and operate any railway track or taacks now installed and maintained by said Rail- read Company in, on, across, or song any street, avenuem alley or public place in said City, at the location or locations where such track or tracks are now located and installed, whether hereinbefore specifically mentioned or not. CONSTRUCTION OF SPUR TRACKS I Section 3. The Railroad Company, its sucoessors or assigns, may, having made application for and having received a pe~it issued by the Commission of said Ci~, 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 indust~ contiguous or adjacent to the railway tracks hereinbefore authorized, or to any thereof, a spur track or tracks connecting said railway 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 permit) provided, however, that the said railroad company, its successors or assigns, may, at its or their option, require that such spur traok or tracks and all street grading, planking or paving required in connection with the installation, maintenance or opera- tion of such spur track or tracks, be oonstructed and maintained at the expense of the owner or occupant of such warehouse, industrial plant, or industry. POWER TO BE USED - ELECTRIC POWER Section 4. In the operation of the railway tracks, the construction, maintenance an. operation of which is hereby authorized, the Railroad Company, its successors 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 ordina~ use of said streets, avenues, alleys and publio places; and provided, further, that in the event said Railroad Company, its successors or assigns, shall elect to equip and operate said tracks with electric power, then shall it have the right to ereot and maintain poles, columns, wires, and other appliances necessa~ or convenient for the operation of said tracks by such power; subjeot, however, to the lawful and reasonable con~ol and regulation by the City Commission of said City of Bo~eman, or such other body as shall be authorized to act. GRADE - RAILS - CROSSINGS Section 5. 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, confonn in elevation to the grade of the street, avenue, I alley or publio place occupied by such rails. The Railroad Company, its 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 11 ttle inconvenience as practical; said crossings shall be installed and maintained of such width and oonstruction as the commission of said city shall require. FILLING ALONG UNPLANKED AND UNPAVED STREETS, ETC. B. Between orossings on all unplanked or unpaved streets, avenues, alleys and public places, the space between the rails, exoept flange ways and such space as may be required for frogs and necessary maintenance and operation of switoh points, shall be planked or filled with gravel or partly planked and partly filled with gravel, to the level of 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 each rail; all frogs and the space betweemtguard rails and running rails shall be filled in or blocked to the extent required for safety and convenienoe of traffic. SWITCH STANDS C. No switch stand shall be erected or maintained on any of said streets, avenues, alleys or publio places inside of the curb lines thereof. COST OF INSTALLATION AND MAINTENANCE. D. All of said work shall be installed and maintained by the said Railroad Gompany, its successors or assigns, at its or their sole cost and expense. PAVING - STREETS, AVENUES AND ALLEYS COST CHARGEABLE TO RAILROAD COMPANY Section 6. Whenever any of' the streets, avenues, alleys or public places occupied by said tracks, or any thereof, shall be required to be planked, replanked, paved, repaved, or atherwise improved or I re-improved, by the said City, adjacent to said track or tracks, or any thereof, the Railroad Company, its successors or assigns, shall and will, at its or their own expense, cause the space between the rails of any track or tracks installed and maintained on, across or along such street or streets, avenue or avenues, alley or alleys, public place or public places, pursuant hereto, and for one (1) foot oytside of either rail, to be planked, replanked, paved, re-paved, or otherwise improved or re-improved, with the same material, in the same manner, and at the same time as the adjoining portion of such street or streets, avenues or avenue, alley or alleys, or other Fublic place or places, shall be required to be improved by said City. ORDINANCE NO. 609 .'\ ~ 48:3 RESERVATION ~ OTHER PUBLIC UTILITIES Section 8. The City hereby reserves to itself and to its grantees the right to install and maintain all public utility facilities underneath or above any of the tracks hereby authoriJ,ed; and the said City fur- ther hereby reserves to itself full and complete right of access to any space within the l~its of any street, avenue, alley or public place occupied by any of such tracks, together with the right toopen and excavate the ground underneath such tracks for all purposes of construction, inspection, maintenance, and repair of any public utilities; all such rights shall, however, be exeroised in such manner as not to interfere with the safe operation of trains on said traoks. In all cases, except emergencies, involving I a possibility of such interference, or of removal of lateral support, or of excavation beneath the tracks of the Railroad Comfany, its successors or assigns, fifteen (15) days' written notice shall be given to the Railroad Company, its successors or assigns; and such railroad company, its successors or assigns, may furnish a representative who shall have the right to supervise such excavation or other work so far as the same J1JB.y affect the safety of said railway traoks or of operations thereon. If it be necessary that such tracks should be supported or reinforced during the progress of the construction, renewal, repair, maintenance or inspection of any municipally operated utility, the Railroad Company, its successors or assigns, shall furnish and place such support and reinforcement, and readjust its or their tracks, at its or their own cost and expense. RAILROAD COMPANY - LIABILITY Section 9. The Railroad Company, its successors or assigns, shall at all times protect and save harmless said city from all claims, actions or damages of any kind and description which may accrue to, or be suf~ fered by, any person or persons, finns or corporations, by reason of the construction or maintenance of said railway tracks, or any thereof, or by reason of the operation of said Railroad Company~ its successors or assigns,_ of its or their railway trains over such tracks. And in case any action or suit shall be commenced abainst the city for damages arising from said causes, or any thereof, the Railroad Company, its successors or assigns, shall and will, upon written notice to it or them of the commencement of such action or suit, defend the same at its or their sole cost and expense; and in case judgment shall be rend- ered against said city in such action or suit shall fully satisfy such judgment within ninety (90) days af~er such action or suit shall have been finally determined if determined adversely to the City. LEASE - AGREEMENT OR OTHERWISE - OTHER CON..PANIES Section 10. The Railroad Company, its successors or assigns, shall have the right by lease, traffic agr8ement, or otherwise, to pperate or permit to be operated over and upon its railway tracks within the corporate limits of said City of Bozeman, freight and passenger trains and all equipment of other railroad companj'8i. ASSIGNl4>>IT ~ RIGHTS I Section 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 respects anyone or m~re of the tracks or parts thereof, embraced within the scope of this grant; provided, however, that a copy of such assignment certified as such by the secretary of the assignee, or other officer or person having the proper custody of such assignment on its behalf, shall be filed with the said City. PURPOSE TO CONSOLIDATE PREVIOUS GRANTS, HARMONIZE AND MADE DEFINITE, AND TO REPEAL CERTAIN GRANTS Section 12. 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 heretofore granted by certain ordinances and resolutions previously passed, approved or adopted, by the City of Bozeman, acting through its proper officers._and it is further the intention and purpose of this ordinance to harmonize the privileges, terms and limitations contained in the various prior ordinances relating to this general subject matter.. and to definitely fix the terms, conditions and limitations under which the grantee herein may construct, erect, maintain and operate trackage within the City of Bozeman; and to definitely fix the rights and obligations of the grantee herein with reference to matters of construction, maintenance and operation, including methods of construction, methods of operation, including the kind of motor power to be employed and methods of maintenance of t~acks and crossings, and to that end the following ordinances of the City of Bozeman, namely I Ordinance No. 89, entitledl "An Ordinance Granting the right and privi- lege to build, 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 March 3, 1892; Ordinance No. 314, entitled! "An Ordinance amending Section Number 2 and Section 2 and Section Number 14 of, and adding two additional sections, to be known as Section Number "4..A" and Section Number "5-A", to Ordinance No. 89, entitled! "An Ordinanoe granting the right and privilege to build, construct, 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, 1950; Ordinance No. 406, entitled: "An Ordinance granting to the Gal- gatin Valley Electric Railway, Its sucoessors and assigns, the right and privilege of crossing and occupy- ing certe.in streets and alleys in the City of Bozeman, at the points and along the lines therein designated and described," passed and approved July 26, 1910; Ordinance No. 541, entitled I "An Ordinance granting I the Chicago, Milwaukee & St. Paul Rlilway Company, a oorporation, the right to construct, equip, maintain and operate a railroad track across Montana Avenue, the alley in Block 2 and along certain portions of Oak Street, all in ]mes' Addition to the City of Bozeman," passed May 8, 1924; Ordinance No. 549, entit- led: "An Ordinanoe granting to the Chioago, Milwaukee and St. Paul Railway Company, a corporation, the right to construct, equip, maintain and operate a railroad track across and along certain portions of Oak Street, all in the City of Bozeman, Montana," passed April 23. 1925; Ordinance No. 601, entitledl "An Ordinance Granting to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, its successors and assigns, the right, privilege and authority to lay down, construct, maintain and operate sund~ railroad tracks ill, along and across various streets, avenues, alleys and other public places in the City of Bozeman, and for such purpose to occupy and use portions of said streets, avenues, alleys and publio places," passed and approved October 24, 1930; ant: by Resolution nu:m.bered 22, entitled! "A Re- solution of the City Commission of the City of Bozeman, Montana, granting permission to Chicago, Milwaukee & St. Paul Railway Company to occupy with its tracks portions of certain streets withinthe corporate limits "" of said City of Bozeman,: passed and adopted November 16, 1922; be and the same are hereby repealed. ORDINANCE NO. 809 484 EXPENSE Section 13. The Railroad Company shall pay ell cost and expense of the passage of this ordinance, tn. c1uding the cost and expense of the necessary publication or publications thereof. ACCEPTANCE Section 14. tn order to claim the benefits of this Ordinance and to acquire the rights~ privileges and authorities hereby granted, the said R ilroad Company, must. within thirty (30) days after this or- dinance becomes effective~ file with the Clty Commission its written acceptance hereof duly executed; and I in the event said aoceptance shall not be so tiled within said time. this ordinance shall oease to be effeotive for any purpose. NOT EXCLUSIVE .. Seotion 15. That the granting of this right, license or privileges to construct said railroad track or spurs shall not be an exclusive right or franohi8e~ but the City reserves unto itself the right to grant other persons or corporations a like or slimilar privilege. EFFECT Seotion 16. This ordinance shall take effeot, and be in foroe, subject to ter.mination by failure of acoeptance thereof, as aforesaid. at the expiration of thirty (30) days from and after its final passage. Finally passed by the Commission of the City of Bozeman this 31st -day of December ~ 1958. - ~~ .AJ:L~._-'- . Mayor - . . ATTEST. Acting State of Montana ) I County of Gallatin ) ss I. L. G. Shadoan. Clerk of the Commission of The City of Bozeman. do hereby certify that the foregoing Ordinance No. 809 was published by ti tle ar.d number in the Bozeman Daily Chronicle. a newspaper of' general circulation printed and published in said city in the issue of January 8th. 1959. and due proof of such publication is on file in my office. IN W1TNESS WHERroF I hereunto set my hand flnCl affix the corpora.te seal of my office this 9th day of JanuaT'lJ' 1959. c~~ - ,- I