Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-12-03

| Ilty clerk OF said City, designating
said streets. avenues, alleys and pub.
lie grounds ana the line and grade
OF said railroad, which Plat and Map,
and profile are hereby referred To
and shall be considered, treated and
taken as part of this ordinance.
Provided. that said grantee. its sue
cessors and assigns. shall construct
single track only from the center
| OF the block between Boulevard and
Montana streets on Eighth avenue TO
the south boundary line of the city.
Provided, also. that If any section or
part OF said railroad shall not be con-
structed within five years from the
date Of the approval Of this ordinance
the rights hereby granite. may upon
action by the City Council. be for.
feited as to such uncomplrtcd sec.
ton or part OF said railroad.
Section 2, The said grant Is made
and accepted upon the conditions. and
subject only To the provisions and
conditions of this ordinance. and such
reasonable regulations not inrOnsisI.
ent herewith, as may hereafter De-
provided by the City Council
Section 3. The said Montana Rail
road Company its Successors and as.
signs. shall at street, avenue and al
ley crossings, but at no other places.
by the use of plank or other mater
lal between and at the sides of the
rails, overcome and provide against.
as far as possible. any obstruction of
teams or other travel, and the i'm
provements so made shall at all times
be maintained by the grantee. its sue
cessors and assigns.
Section I. The Montana Railroad
Company. its successors and assigns,
shall also at street. avenue and al
ley crossings pro 'ide und construct
from earth or such other material.
rs II may elect, proper and convent
ent approaches to its track or tracks.
Section :. The improvements,
changes, repairs and paving of any
streets, avenues. or alleys upon which
said railroad Is located shall be done
at the expense OF said city. Provided.
however that the said grantee, its
successors and assigns, shall in the
construction of said railroad be re-
quired to restore the streets, avenues,
alleys and public grounds over and
across which said railroad crosses to
the same condition. as near as posi-
BILE. as they were before such con
struction.
Section 6, There is hereby reserv-
ed to the City of Lewistown the right
to itself, and to persons and corpo-
rations having authority from said
city, TO use the streets thereof for
the purpose of laying or repairing
water pipe. gas pipe electric light,
telephone. telegraph OF fire alarm
wire, or for any purpose that may be
deemed necessary by the City Conn
ell; provided, however, that such
work shall be done without reason
able delay and In such manner as
shall not prevent or interfere with
the operation or said railroad
| Section Z. The said grantee here
in. Its successors and assigns, may
| operate said railroad with steam.
electric or other power, and may use
such character OF rails as it may from
time to time elect.
| Section 8. The said City may re-
Guire the ties in said railroad within
said City or at any place or places
therein. to be laid SO that the top
surface shall be on the level with
but not below the surface of the
ground upon which said track is laid
Section .. In the event IL should
at any time be deemed necessary or
advisable to provide fagmen at any
crossing within said City or to pro-
vide gates or other means to prevent
the passage OF teams or persons in
front Of the approaching trains. the
same shall be provided and maintain
ed when ordered by the City Council,
and the expense thereof on Main
its successors and assigns, and at 9th
er places the expense shall be paid
| by the City and the grantee. its sue
cessors and assigns. by each paying
one-half.
Section 10. Said grantee, It's sue
cessors and assigns. may at all times
operate its locomotives and cars at
speed of eight miles per hour with
IN tIe limits of said City. and shall.
not permit any car or locomotive 10
obstruct any public crossing for
period longer than ten minutes with.
In said City.
Section IL. That If at any point
along the line OF said railroad. wheth-
er within or without the limits Of
said City, where any water main or
mains Of said City have already been
laid. IL shall be necessary to said rail.
road company, its successors and as
signs, to make a cut over the point
or points where said mains are laid,
II such cut or cuts are OF sufficient
depth TO leave the covering Of said
mains so light as 10 endanger their
freezing. the said main or mains shall
be re-aid by said railroad company,
IT'S SUCCESSORS and assigns. 10 a depth
OF not less than five feet below the
bottom of such cut or cuts. or take
such other effective means 10 pre-
vent the freezing thereof as may be
agreed upon with the City Council.
Section H. This ordinance shall
take effect and be in mll force from
and after the filing with the City
Clerk of the written acceptance there
OF by the Montana Railroad Company
for itself, its successors and assigns.
signed by It's president or vice presi-
dent. under its corporate seal. Pro
yided that such acceptance shall be
filed within thirty days from the date
Of the approval hereof; and, provid.
ed further. that unless the railroad
now in process Of construction be-
tween Harlowton anu the City of Lew
istown is constructed TO the limits OF
said City within eighteen months from
this date. this ordinance shall be void
and all rights and privileges confer