Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1885-02-18

An Ordinance granting the Minnesota &
Northwestern Railroad Company the right to
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
Oldaiu follows:
hereby granted unto the Minnesota and North
western railroad company, its Successors and
assigns, to build, construct and forever main
tain and operate it's 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, towit: Cedar,
Alieghany. College. Winona, Adams, Maple,
Oak and Jay.
SECT1oN2. That right, permission and nu-
thority is hereby granted to said railroad
cupy with side tracks, depot and standing
cars, SO much of Adams street as lies between
lot one Il! in block two >2) of the original plat
of the village of Austin, and lot eleven lD Of
block three % in Bolcom's addition to Austin;
also so much OF WinOna street as lies between
lot two GU OF block three (3) and lot eleven Ql)
OF block six TO- BOl'Om's addition; also so
much OF College street as lies between lot two
a. of block six (6) and lot eleven (ll) of block
eleven (lD BOlcOm'S addition; also so much Of
Cedar street as lies between lot two ~ Of
enteen l7) BOcOms addition to Austin. Also
to occupy the west half Of Jay street from
Cedar street to the center line Of block thirty
one t3l) OF the original plat OF the village of
Austin, except SO much of said Jay street as
intersects and crosses the following named
streets in said city, to-wit: Allegheny, Maple,
SECTION 3. The foregoing franchise privi-
lege and right Of way is granted to the said
Minnesota aud Northwestern Railroad COM
pany, its Successors and assigns, upon the cx-
press conditions following, to-wit:
lst. The City OF Austin reserves the rights
secured by all general ordinances now in force
or that may hereafter he in force concerning
railroads in the city or Austin.
ID That the Minnesota and Northwestern
Railroad company and ali other companies
using the track OF railway running through
crossed by it or them clear from obstructions
such as will or may unreasonably 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 its cars or locomo-
of said railroad company to be blocked with
It's cars, trains, engines Or otherwise, except
TO cross the same for period longer than
three consecutive minutes.
Sd. The Common Council of the city of
Austin may by ordinance or resolution direct
said Minnesota and Northwestern Railroad
Company to employ and keep continually, ut
it's own cost and expense, hagman on the
following streets, to-wit: Bridge, and such
other streets rs the Common Council of said
city may order and direct at any time, and to
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 nlong and over the streets be-
tween Water and Nipple streets in said city,
snail not exceed the rate of six 90 miles an
hour, and while in motion the bell of such To-
ccmotive 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 pnblc interest may demand by res0Iuti ton
of the Common Council.
5th. The Minnesota and Northwestern rail-
road company shall from time to time, rs or
dered and directed by the Common Council OF
SAID city, pay its pro rata share OF the cost
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 walks 'front.'
pany, or extending and running across their
right OF way, which said Common Council by
resolution or ordinance shall direct to be con-
structcd, or reaid or repaired, upon any
street or part thereof, in said City.
9th. The said Minnesota Il Northwest ern
ami save harmless the city OF Austin from
any and all damages, expenses and suits aris-
ing or growing out of the passage Of this
ordnance and the use and occupation OF said
streets by cars, trains and tracks, US herein
authorized and provided, or resulting from q
failure or neglect 10 comply with this nrdi-
nance or any resolution Of the Common Coun-
Gil passed hereunder, as herei. provided.
SECTION 4. II the Minnesota e. Northwest
ern railroad company shall neglect or refuse
to accept this ordinance or comply with the
terms thereof US aforesaid, then the same be
void and OF no effect.
SECTION 5. This ordinance shall take effect
and be enforce from and after passage.
Approved February 7th 1885.