Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1885-02-11
ORDINANCE NO. 80.

~ An Ordinance granting the Minnesota &
construct, maintain and operate its railroad
upon, over and across certain streets in the
City OF Austin, Minnesota.
The Common Council of the City of Austin do
OIdaiu as follows:
SECTIoN1. That permission and authority is
hereby granted unto the Minnesota and North
western railroad company, its successors and
assigns, to build, construct and forever main
tain and operate its railroad with one or more
tracks in the City of Austin on its line as now
located, over and across the following named
streets in said city of Austin, tO-wit: Cedar,
Alleghany, College. Winona, Adams, Maple,
Bridge, Mill, Water. First, Seond. River. Ash,
Oak and Jay.
SECTIoN2 2. That right permission and au-
thority is hereby granted to said railroad
company, its successors and assigns, to oc-
cupy with side tracks, depot and standing
lot one ~ in block two ~ of the original plat
Of the village of Austin, and lot eleven Q1) of
block three ~ in Bolcoms addition to Austin;
also so much OF Winona street as lies between
lot two (2) Of block three (3) and lot eleven Il
OF block six (G) Bolcom's addition; also so
much OF College street rs lies between lot two
"a of block six (6) and lot eleven QD OF block
eleven (lD Bolcom addition; also so much of
Cedar street as lies between lot two (2) Of
block fourteen az and lot six CO. OF block sew
enteen I'D BOlcom's addition to Austin. Also
to occupy the west half of Jay street from
Cedar street to the center limo of block thirty
one (31) Of the original plat of the village of
Austin, except 50 much OF said Jay street as
intersects and crosses the following named
streets in said city, tO-Wit: Allegheny, Maple,
Bridge. Mill and Water.
SECTION 3. The foregoing franchise privi-
lege and right Of way is granted to the said
Minnesota and Northwestern Railroad COM
pany, its successors and assigns, upon the ex-
press conditions following, to-wft:
lst. The City of Austin reserves the rights
secured by all general ordinances now in force
or that may hereafter be in force concerning
railroads in the city or Austin
"a. That the Minnesota and Northwestern
Railroad company and all other companies
using the track Of railway running through
said City, shall at all times keep said streets
crossed by it or them clear from instructions
such as will or may professionally hinder or
delay, or impair the free use and enjoyment
Of said streets, and in no case shall the Min
nesota and Northwestern Railroad company
or any other railroad or other companies rum
ming over said track with it's cars or lOcomO-
tivcs, allow said streets crossed by the track
OF said railroad company to be blocked with
its cars, trains, engines or otherwise, except
to cross the same for u period longer than
three consecutive minutes.
81. The Common Council of the city of
Austin may by ordinance or resolution direct
Company to employ and keep continually, at
its own cost and expense, tlagman on the
following streets, to-wit: Bridge, and such
other streets as the Common Council of said
city may order and direct at any time, and to
provide such other safeguards in and about
it's business on said streets, as in the opinion
OF the common council, the public safety may
require.
4th. the speed of all locomotives, cars and
trains running along and over the streets be-
tween Water and Maple streets in said city,
shall not exceed the rate of six (6) miles an
hour, and while in motion the bell of such 10
cemOtive shall be regularly sounded to warn
persons of danger. Provided, that said City
reserves the right to regulate the rate OF
speed through said city, from time to time as
the pnblic interest may demand by resOIuti
OF the Common Council.
9Th. The Minnesota and Northwestern rail-
road company shall from time to time, as or
dered and directed by the Common Council of
for any improvements, for draining, gutter
ing and sewerage, along or through the right
Of way, and for building, maintaining and
keeping in repair any sidewalk or walks 'front.'
ing upon any lot or lots owned by said COM
pany, or extending and running across their
resolution or ordinance shall direct to be con-
structed, or relaid or repaired, upon any
street or part thereof. in said City.
9th. The said Minnesota y Northwestern
railroad company shall, ut all times defend
and save harmless the city of Austin from
ing or growing out of the passage OF this
ordinance and the use and occupation Of said
streets by cars, trains and tracks, as herein
authorized and provided. or resulting from
failure or neglect to comply with this Ordi-
nance or any resolution Of the Common COun-
Gil passed hereunder. as hereia provided.
SECTION 4. If the Mir nesOta & Northwest
ern railroad company shall neglect or refuse
to accept this ordinance or comply with the
terms thereof as aforesaid, then the same be
void aud of no effect.
SECTION 5. This ., dinance shall take effect
and be enforce from and after passage.
Approved February 1,h. 1875.
E. G. DORR. Mayor.