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Ordinance 210 - Electric Railway.AN ORDINANCE. GREIRCANCE NO.210. An Ordinance gpunting to the Whitefish ant Poison Elect ri Railway Company, a corporation, its successors and assiEnB, the-0ght to acquire, purohaEe, build, nonstruct, erect, oporate and mQUtaln an electric Railway, in the City of 005pell, upon the terms and con- ditions therein set forth; CITY BE IT ORDAINhD BY ME COUNCIL OF ThE CITY OF KALISPKn. Sedtkn !,- That the Thitofish and Poison Electric Railway Compary, a corporation, its successors, and alsignp, be, and is heechy, grant- ed, for the term of forty years, the rQht, power and privilege of ac- quiring, ptrehasing, building, constructinr, erecting, operating, and maintaining a railway 5ine, ith the necessary tracka, turnouts, switcha-,' and equipments fn. upon, through and over the folio�ing streets, and in the City of Kalispoll, Flathead County, State of Montana, to -wit: - Commoncing at the South end of First Avenue Ast, thenco northerly on Pirst Avenue East to the wntar line of Virpt Street, thenco Westerly an First Stleet to zhe ceizer line of Fifth Avenue westl thence northerly on ? fth Avenue 7as! to the center like of Idaho Street, tbence we starly on'idaha Street to the County Road And ths City Council may by Ordinanne deziEnate such other atreets cr avenues that may hereafter be deemed needful by said com- pany, its successors andassQn, fcr the conducting of said railway business. ZaiQ Company, its succesnors and asQgns, is also grant- ed and givcn tho right and priviloge to draw, dun, propel,and operate cars thereon, by electricity or other improvad methods, other than by stcam Pcour, and to that and it is hereby,given tha pa er tu,ercot, build and maintain such poles, wirea, instrumentalities and appiiangw2, to and alone su3b stracts =6 avbnues az way bc necessary in the use, and transmission of the motive power for ouch use. Section 2. The aforusaid grant is on the expr-cs con- dition that within two yoars from the pasnage of this Ordinanoe the said Company, its'successars and assign2, shall conFtruct and operate said raiiwny lino in onid city, and in case said railway company, its successors and assigns, shall foil to construct and upwrate said rail- way lines in said city wilhin suld Hme of two years than this Ordin- ance shull and void and all rights una privileges here- under forfeited. Section K- 7he tracks of said railway phall be laid so as to confor� with the established grade of the strBets on which the railway may bo built, henever the same may be graded by the city; but whenever the city may change the grade cf any street or stoncto, or any portion thereof, the .,aid company, its Successors and assigna, shall at Vs own cost and expe nso raise cr lozer the grade.so as to conform wt ih such change of grade; where Ve streets aro not graded said comerany, ibs successors and assigns, shall lay its tracks so as to conform with the surface of such streets provided that they r&ise or lower the same at their own cost or expense whcnever tho city shall srade it or any part thereof, or in case the city shall at any t1mc, pave or otherwi5e improve tK surface of azy streets along which said railway may run, said company, its 3uccessors or aazigns, shall pave or atherwHe i7pro7e Ve space between the rails of its tracks, at 10 own cost and expe-sew-A $he ORRUO of one foot on P"hor side of said tracks, unless Whe ill parovi.od by thi-,City couUMI, so thut it stall in a . 11 ruspects correspond with the improvoments of thG 4th street, outside of the track; provided, that snid company, its success- ors and as5igns shall plank the space betweRn the tracks, and on bat'n sides tharaofp at each stroet crossing whorever requircd by the City Council at the . exponse of said c,,,ompnry, an d all ruils in the tracks of skid compa y in said city shall be conns.ted or bonded at each joint with copper wire, so as to minimize the effect of Aectrolysis on the water pipes laid in the Kreets of said cKyj and E N a dd:l-',' icii to the above condition s tho company shall comply with all the provisions of the statutes of the Stnto of Montara, and the Ordinances of said City, in regard to thQ improving, paving and lighting of the streets and. avenues whppeof said railway is ancrated, Meneaer 2o ordered by t&'i City Icuncli ef said City. . MAMA.- The City C"uncil of said City horeby -esqrves the Boa to Moke ull recessary and-unual police regulations concern- ing the operallon and manuEement of said railway, Athin Lhe limits m'�: said city, during the conti4uance of the rights and conditions hereby prantud. - Section 5,- The cars of said company, its successors and asslgn3, shall be entitled to the tracks, and in all cases or at any tires when any te,:�u, or vehicle shull mqet or be ovortaken upon the caid railway trqckq, in said city, such team or vehicle shoU give way to sum carl now shall any porson Alfully obstruct, endanger or interferQ with any of said railway cars by placing, driving or st,ping, oz causing to be placed, or driven, in a sic% pace, or stopped, any toam vchiule or other obstacle, in, hpon, across, uionF, or nuar the truch of saW railway, aftep boing notified by the conductor or drNor by the ringing of the car bell or other ise, and whoev�_',-o ��h�all ',;i1fully vicinne any of the provintcns of this section, stall upon conviction thereof before the police court of Wd city be punished by a fine of not more than fifty dollars nor less thun five dollars, und may be imarlsoned until such fine is paid, not exceeding thirty days, Section 6.- it shall be tho duty of spid company, its ,uncessors and assigns; at its own cost and expense to repa ir any ,�,nd dlai­ag es We to the otrects, ourbings, sidewalks, gutiers, or other public Props ty, by the constructing or repairing of tracks, &Ionr th-e streets, as hernin providedfor; and, further, to protect and have tho city harmless againot all claims f r damages, arising from tie construction, manaEement or operation of the tracks, sur,1 and road Providod For henuH, 5ection 7.- 7he City reserves the rQht to zanction, t" or ppvthlctionfsich, Y"turnouMwetrackr, ts, s, poles, fixtures, and Mhor appliances ana cquipmento whRre situated in any Areet, avenue or public 71aca in said city, Secticn 8,- No ht shall be nnWed through sahl City h0ween AE hourz of Aght A, U. and tun P, M, withcut the consent of said City -7uncli excopt Ruch freQht as may bb rp­sFary in too sonstructicn or rupsir of said railway. Section 0,- Whenever any pertion of he traols of said railway shall be usud as cr form a part of a local stpept -all- way systan carfying passengurs from point to point xMin the city, 'UP-0 citujy: onuncil may by Crdinan,e fix the maxi -um amounts that may be churged by cold company, its succesoors or assigns, for carrytr,,7 passenguYs F-9- aln! to Ant with!- relu city; provided, sabol rates stall be uniform thhouFhaut saia A . Section 10,- The said company, its su�uessors and assi.gns, agrce to permit any other raAway to cross any of its, tracts within said city wilhout cher7e, AN tbat all elactive, or appointive city cNicials of said city shall be varriad avor the lines of said nomy where situated in said city, free of jargn. S"ad ctien U.- . Within sixty days after the passage cf this ordinance the said Thitefish and Poison Electric Railway Com- pany shall file with Me City Clerk of said City an acceptance in writing of the torms ona conditions of vhl� Ordinance, anU an agree- mcnt to save the City harmless from all costs aw dumages and charges incurred in the con5ti­ncti,,:�r ,-,rd oncration of said railwEy Passed and approied this 11th day of April,1910. Attest: H.A,Kendali, City clapk. BNones, Unto of Montana.; 3 aym County of Platheadi City of Kalispell, !, X H.Aendall, city ciork of the City of Kalispell, Montana, do hereby cartify th7t on day of Iclin Ir IN F ,�xused the fornZoing ordin4mge to Is—lb"ted as reAGAUGH-0-rdinanne No,174 and that Said orddnanoV remained postcd for a period of fiv,-- , days, and !hat there nav e boon a u changes or altrations mude therein since the passage and approval thereof by the City Council, nor in the recording thereof. Renarded herein vnd this certificate made this day City Ciepk.