The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-09

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avenue or any other portion OF said line, and any
other corporati On or association having right:
that f b.
use the track or tracks Of the Helena Street Rail
way company, upon equitable terms.
| Approved this October 18th. 1890
| Mayor.
Attest: ROBT. B. SMITH. City Clerk.
ORDINANCE NO. 20.
Granting to Peter Whine franchise and ease
| Helena:
Section /. There is hereby granted and con-
and assigns, for the full term OF twenty-five (25)
years from AMI after the passage of this orii-
nance. the right license, franchise and easement
OF laying down and maintaining street railway
track together with ali necessary switches. turn
outs and turntables. and Of operating a line Of
snG the streets
ing at the intersection of Eleventh avenue and
Montana avenue; thence south on Montana ave-
nue. to Broadway; thence east on Broadway to
Cakes street; thence south on Cakes street to
Winnie avenue; thence east on Winnie avenue to
Fee street; thence north on Fee street to the
| of Helena, and west from Fee street on Sixth av-
enuo. Fifth avenue, or Jockey avenue, as the
grantee, his successors Or assigns may elect, to
eer shall designate the line upon which the track
Of the said railway shall be constructed through
| all the streets and avenues above named
Sec. The above named Peter Winnie, his
associates. successors assigns, SHALL on or be-
fore the first day of june 1891! construct and OPP
crate not less than mile of stT0st railway over
and upon the line herein designated and shall
construct and operate line over and upon the
whole OF the said route within two years from
the passage hereof. And in case of the failure Of
the said grantee, his successors or assigns to
construct and operate the line in accordance
with the provisions in this section contained, the
right herein granted and confirmed shall be for
feited a. to the parts of said lire where such fail
IRE occurs, which forfeiture may be declared by
the actlon OF the city council upon notice to the
=, Sec. B. 1t shall be lawful for the said Peter
Winnie, his successors or assigns, to operate said
not BY steam motor without the consent Of the
city council; and if he or they so elect to lay T
rails over and upon the line hereintefo desis-
shall bs SO planked or otherwise protected, under
the supervision OF the city. council, as to afford
the least possible obstruction to the passage Of
Sec.4. The. license, franchise and easement
herein granted are subject to all the terms. re-
strictions and provisions Of Article s. Chapter
said article shall be deeme and held to be in
corporatsd in and made part of the grant here
by made. except q herein otherwise provided.
Sec. s. The city of Helena reserves the right
to itself and to persons and companies having
authority from the said city, to use the streets
take up the track and remove the rails Of the said
railway for the purpose Of laying and repairing
water pipes. gas-pipes electric light wires tele-
purpose that may be deemed necessary by the
city council, without any responsibility to the
person named in Sec. Of this ordinance, or bis
railway, on account of the interruption Of busi-
meas; Provided, further, That Whenever the said
rails OF tracks are 60 taken up or removed. the
be relaid by the eaid person or company taking
mp or removing the same as soon as possible and
placed in as good condition as when they were
Sec. s.. The city council shall not during the
term OF TINS franchise. compel the said Peter
Wine OF hi' or ssssns
within the said city this line Of their said rail-
way than five % cents for each and every passen-
ciates. successors OF assigns. shall be- hereafter
Incorporated or acquire corporate or charter
the state Of Montana, with view to the exercise
thereof, or the enjoyment Hereunder. of the
rights and privileges hereby granted and con-
and invest in such corporation upon the terms
and conditions herein prescribed, and when the
said Peter Whine, or his associates, successors
such corporate or charter rights, such corpora
zion shall thenceforth have and enjoy in its cor
name and Al the aht. and
the saiu Peter Winnie, or his associates, success
oIs or assigns without further action Of the said
Sec. 9. Within five days after the passage of
tins ordinance, the party named in Sec. hereof
snail nile with the city clerk an acceptance in
writing, for himself and for his associates. sue
cessors and asegns. of the terms and conditions IF
this ordinance. nd bond in the penal sum Of
twenty fhSnsand lSoo?oo dollars with two or
construction of the said line of street railway in
accordance with the provisions herein contained
and that the said grantee his associates, success
all costs and damages and charges incurred in
DEMONSTRATION and operation Of the said rail-
Sec. Q. It ia expressly understood and .oro..,
that the said Peter Winne his associates, success
ors or assigns, will defenn and save the city Of
Helena harmless from all costs and damages that
may arise from any suit or suits that may ia
brought by J. J. Palmer. his associates. sue.
cessors or assigns, against the city of Helena,
arising from any conflict in the operation under
OF assigns. and the franchise asked b. said Peter
Whine. his associates, Successors or assigns
Approved October 9Th. 1850.
DONA, D BRADFORD,