Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-11-26
ORDINANCE No.


Granting TO the Montana Railroad
| Company. its successors and assigns,
the right and franchise to construct,
maintain and operate a railroad over
upon and across certain of the streets,
avenues, alleys and public grounds
in the city of Lewistown.
BE il Ordained by the Council of the
City of Lewistown:
Section /. That there is hereby
granted to the Montana Railroad Com
pany, its successors and assigns, the
perpetual right, privilege and fran
chise of locating, constructing, operat-
ing and maintaining a railroad with
such number of tracks. side tracks.
%turn-outs and spurs as may be neces-
sary or convenient for the proper and
| successful operation of said railroad,
into and through the city of Lewis.
town and over. upon, through and
across certain streets, avenues, alleys
and public grounds according to the
plat and map. and profile thereof. now
on file in the Office of the city clerk
of said city, designating said streets,
avenues. alleys and public grounds
and the line and grade of said rail
road. which plat and map and pro
file are hereby referred to and shall
be considered, treated and taken as
a part of this ordinance. Provided
that said grantee its successors and
assigns shall construct a single track
only from the center of the block be
tween Boulevard and Montana street
and the intersection of the railroad
line with the south limits of the city
Provided. also. that II any section OF
part of said railroad shall not be con.
structed within five 90 years from
the date OF the approval of this ordi
nance. the rights hereby granted may
upon action by the city council, be
forfeited as to such uncompleted sec
ton or part of said railroad.
Sec. 2. The said grant Is made
and accepted upon the conditions, ant
subject only to the provisions anc
conditions. of this ordinance and sucf
reasonable regulations. not inconsist
ent herewith. as may be hereafter pro
vided by the city council.
Sec. 3. The said Montana Railroad
Company, its %uccessor and assigns
shall. at street, avenue and alley
crossings, but at n 20 other places, b!
the use of planks or other materia
between and at the sides OF the rails
overcome and provide against ant
maintain. as far as possible. any oh
struction to the passage OF teams o
other travel.
See. T.. The improvement, change
/ repair and paving of any street. ave
nue. or alley upon which said rail
road is located shall be done at tn,
expense of said city. except damage
done by the railroad company.
Sec. 5. There is hereby reserved
to the city Of Lewistown the right {,
itself and To persons n to corpora
tons having authority from said city
10 use the streets thereof for the pur
pose OF laying or repairing waite
pipes. gas pipes. electric light. tele
graph, telephone or fire alarm wires
or for any purpose that may be deem
ed necessary by the city council; pro
. yided, however. that such work shall
be done without unreasonable della,
and in such a manner as shall not pre-
vent or interfere with the operation
OF said railroad.
Sec. q. The said grantee herein, II
successors and assigns, may operat
said railroad with steam. electric o
other power. and may use such char
acter OF rails as ii may from time I
time elect.
Sec. Z. The said city may requir
the ties in said railroad within sal
city or at any place or places there
in. to be laid so that the top surfac
shall be on a level with. but not be
; low, the surface Of the street O
ground upon which said track Is LAID
Sec. s. In the event II should a
any time be deemed necessary or az
visable to provide a fiagman at an
crossing within said city. or to pre-
!, vide gates or other means TO proven
: the passage of teams or persons !
front of approaching trains, the sam
shall be provided and maintained a
. the expense of the city. except o.
Main street, where a fagman shaI
> be provided by the grantee, its sue
) cessors and assigns. at its W e,
, pense when trains pass said street
, when required by the city council.
Sec. 3. Said grantee, its successor
and assigns. may at all times operat
it's locomotives and cars at a spec
a.