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HomeMy WebLinkAboutOrdinance 44- 727, Grants to Chicago, Milwaukee, St. Paul and Pacific Railroad Company Permission to Lay a Track on Curtiss Street I I I AN TO TO IN r'" :22!} . ()C...l }C "I.t(j ('> - <;a,Q / "'" tlo.i:(l(t ORDIN ANCE NO. 727 ..._.~/?-:~~ "-."._-~ ~ -.. ORDINANCE GRANTING, SUBJECT TO CERTAIN TERMS AND CONDITIONS, PERMISSION --""..-...._~ CHICAGO, MILWATJKEH~, ST. PAUL AND PACIFIC RAILROAD COMPANY, A CORPORATION, LAY AND CONSTRUCT A RAILROAD TRACK UPON, OVER AND ACROSS CURTISS STREET THE CITY OF BOZEMAN. PREAMBLE WlffiREAS, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a corporation, by and through its trustees, Henry A. Scandrett, Walter J. Cummings and George I. Haight, has in writing petitioned the City Commission for perm~ sion to construct and lay a rai1- road track over, upon and across Curtiss Street in The City of Bozeman, which petition is on file in the office of the Clerk of said Ci ty Commission and subject to public in- spection and is hereby referred to for further particulars as to the precise na ture, character and extent of the permission so petitioned for; and WHEREAS, The City Commission has duly considered said petition in regular session and has received reports there on from the City Manager, City En~ineer, Street Commissioner and Ci ty Attorney, and upon such reports and consldera tion has determined tha t such per- mission, subject to certain terms and conditions, may berriv0n and granted without det- riment to the public intere~t; THEREFORE, In consideration of the premises, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1. That subject to the terms, conditions and limitations hereinafter spe- cified and enumerated, permission is granted to Chica~o, Milwaukee, St. Paul and Pacific Railroad Company, a corporation, to lay and construct upon, over and across Curtiss Street, in The Cit~ of Bozemap, at the established grade of said street, a standard ~lage railroad track as a part of an industrial spur switch or sidetrack, the part of said Curtiss Stree t to be so used and occupied being shown upon the blueprint 8 ttached here to and marked "Exhi ti t Aft, and described by me tes and bounds as follows, to-wit: A strip or belt of land ei feet in width, being 4t feet on each fide of thA fol10winr described center line: Begllnning at a point on the south line of Curtiss Street, which said point is 71.3 feet west of the north- east corner of Lot 40 in Block E of Rouse's Second A~(lition to The Citv of Bozeman, GallRtin County, Montana, and which said point is also 93.7 feet east of the northwest corner of said Lot 40; thence on a line from said point on a 6 degree curve left to a point on the north side of Curtiss Street, which is 65.4 feet w~st of the southeast corner of Lot 11, Block D, Rouse's Second Addition to The City of Bozeman, Gallatin County, Montana, and which point on the north side of said Curtiss Street is 99.6 feet east of the southwest corner of said Lot 11 in said Block D, all as more fully appears from the colored sketch, marked Exhibit A, attached to and made a part of this Ordinance, as aforesaid, showing the portion of said Curtiss Street to be so used and occupied for industrial swr purposes, as aforesaid. Section 2. The permission given by this Ordinance is subject to the followin~ terms and conditions which, acting under, by reason of and pursuant to such permission, the aforesaid Railroad Company accepts and agrees to: 1. The said track will be con?tructed and in1'ltalled to the satisfaction and sub,ject to the approval of the Director of the Department of Public Safety of The City of Bozeman and at all times maintained, used and operated in strict compliance with applicable provisions of all ordirance8, traffic rules and re":11lations, of The City of Bozeman now in force or hereafter adopted relating to and governing the maintenance and use of streets, avenues, alleys and public ways in The Cl ty of Bozeman, and a1f'io wi th all applica- ble provisions of the laws of The State of Montana now in effect or hereafter enacted relAting to and con+rol1in~ the powers and duties of municipal corporations of The State of Montana. 2. That The City of Bozeman shall have the right, acting by and through its duly constituted authority and when to such authority it appears to be necessary ~230 )." ~. for the public interest and safety, to revise, alter, amend or cancel the permission given by this ordinance, and to repeal this Ordinance, and such right is hereby expressly reserved to and by The Ci t~T of Bozeman, -:) Section 3. That for at least one week after the provisional adoption of this Or- dinance it shall, in the form so provisionally adopted, and in compliance with the pro- visions of Section 5496 Revised Codes of Montana, 1935, remain on file in the office of the Clerk of the City Commission for inspection by the public, before its final adoption and it is hereby declared to be the intention of the City Commission to finally adopt this ordinance as hereby provisionally adopted and ps'ssed. Provisionally pa s sed and adopted by the unanimous vote of The Ci ty Commis s1. on in rep.:ular session assembled this 7th day of April, 1944. I At.t~~ ~k of the City Commission ?/;(l~~ Ma yo r CLERK'S CERTIFICATE State of Montana ) County of Galla tin ) ss The City of Bozeman ) I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman, Montana, do hereby certify that the above and foregoing Ordinance No. 727 as provisionally passed and adopted by the City Commission on the 7th day of April, 1944, has been on file in my office as such Clerk and sub.iect to public inspection, during regular office hours, from and including the 8th day of April, 1944, to and including the 14th day of April, 1944. I In Witness Whereof I hereunto set my hand and the corporate seal of the saId The Ci ty of Boz eman this 14th da y of April, 1944. ~~ The City of Bozeman, Montana This Ordinance was finally passed and adopted by the City Commission of The City of Bozeman in regular spssion a ssembled, on the 14th day of' April, 1944. ~tt~7 ~~~. C1e of' the City Commission S~ate of Montana ) Coun ty of Ga 118 tin) ss I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 727 was published by ti tIe and number in the Bozeman Daily Chronicle, a daily newspaper of general circulation printed and published in said City in the issue of April 16tr, 1944, and that due proof is on file in my office. 914~~ Mayor ~A~J. 'Clerk of the Ci ty CommIssion I IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office this 19th day of April, 1944. Ordinanee No. 727