Loading...
Ordinance 319 - Granting Flathead Valley Development Co Right to Run RailwayM ORDINANCE NO. 319. AN ORDINANCE GRANTING TO FLATHEAD VALLEY DEVELOP- MENT COMPANY THE RIGHT TO BUILD, MAINTAIN AND OPERATE A LINE OF RAILWAY OVER AND ALONG CERTAIN 'STREETS AND AVENUES OF THE CITY OF KALISPELL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KALISPELL: See. 1. Right, permission and authority is hereby grantedto Flathead Valley Development Company, a corporation, organized and existing under and by virtue of the laws of the state of Montana, its successors and asaigns, to construct, C) maintain and operate a line of railway to be operated by electricity or other mot I ive power (other than steam or horse power) over and along the following streets and avenues in kl city of Kalispell, county of Flathead, and state of Montana, to -*wit: Montana street from the western terminal thereof to its intersection with Fifth Avenue,West; thence along said Fifth Avenue West to the southerly terminal thereof. See. P. This grant is on the express condition that within two years from the Passage and approval of this ordinance and its ratification by the freeholders of the city of Kalispell, the said grantees shall construct and operate a line of railway, within said city, equal in length to at least twelve blocks, with their intersections, according to the plat of said city; and if said company shall fail within said period to construct and operate such section of its railway all rights and privileges under this ordingnce shall be forfeited, and upon the further express condition that no greater burden of traffic shall be imposed upon said street or said line than that incident to an interurban rail- way line; and upon the further express condition that there Wly. r6lv" is reserved to the city of Kalispell the right to make reasonable le regulations as to the time and manner of freight traffic thereon, provided that this section shall not be con- strued to limit in any manner the powers of the city under the laws of the state of Montana or otherwise. See. 3. Any railway constructed under this fran- chise shall be constructed to the street grade and so con- structed as to leave the street*, avenue and street intersec.- tions at all points in as good condition for traffic as then in and the part occupied by the track always maintained in equally good condition, and whenever any such street, avenue. or street intersection is graded or otherwise improved, the part thereof occupied by the track shall be by the grantee, successors and assigns Improved in the same manner as that part of the street or avenue adjoining, and where said street is not graded the track shall'be laid at grade and the street between the boulevarded lines brought to grade and, surfaced, 4nd all tracks constructed under this franchise shall be con- structed and maintained by the grantee, Its successors and assigns so as not to interfere with the crossing of traffic at any point along the line and whenever any street, avenue or street intersection occupied by any track constructed under this franchise is or shall be paved, the grantee, its success- ors and assigns shall pave that portion of said street, ave- nue or street intersection occupied by its tracks and on each side thereof to the extent of three feet beyond the rail, in accordance with the specifications of the city of Kalispell for paving the adjoining portions of such street, avenue or street intersections and under the direction of the City Engineer of the said City of Kalispell and shall maintain such pavement. MA Sec. 4. Right, permission and authority is given to said grantee to cross all intersecting streets and alleys and public places along the route herein authorized and to set poles for the suspension of electric wires at convenient places along said streets and avenues and to sus- pend wires across said streets and avenues for the suspen Sion of trolley and feed wires but in the stringing of such wires, the grantee shall do no unnecessary injury to any existing telephone, lighting or telegraph wires now in place along such streets and avenues. Sec. 5. The said grantee, it's successors and assigns in all construction and repair work and in the opera- tion of its railway shall save and keep the city harmless from any loss, damage or injury caused thereby. Sec. 6. Right, permission and authority is given to said grantee, its successors and assigns, to lay dawn one main track with convenient turnouts or passing tracks along the said streets and avenues herein specified and any passing tracks or turnouts shall not intersect any street intersection and no more than two passing tracks or turnouts shall be con- structed or maintained on Fifth avenue Wiest and no more than two on Montana Street. Sec. 7. The right and privilege herein granted to the said grantee, its successors and assigns, shall continue and be in force for a period of thirty years from and 'after the passage and approval of this ordinance; Provided, that the failure at any time (except for natural causes) to oper- ate any railway constructed under this franchise and any violation of any of the terms of this franchise by the grantee, its successors and assigns shallf orfeit all rights acquired thereunder. M--. See. 8. This ordinance shall take effect and be in force from and after its passage and approval. Passed and approved this 12th day of April, 1915. Mayor. ATTEST: City Clerk. STATE OF MONTANA, ) Ss. COUNTY OF FLATHEAD. ( I, R. E. Rollins, City Clerk of the City of Kalispell, do hereby certify that on the 13th day of April, 1915, 1 posted a copy of the foregoing ordinance in my office and that the same remained posted for a period of five days thereafter and that the foregoing record is a true copy of the ordinance as passed by the Council. Witness my hand this 19th day of April, 1915. City Clerk.