Ordinance #28: Central Farmers Ordinance


An ordinance granting to Central Farmers Fertilizer Company, a corporation, its successors and assigns (hereinafter collectively referred to as “Grantee”), for a period of twenty (20) years from the day it takes effect, the franchise and right to construct, install, maintain and operate a railroad extension and appurtenances, and to permit the operation thereof by the Union Pacific Railroad Company, its successors and assigns, and use the streets, alleys and other public places within the present corporate limits of Georgetown, Bear Lake County, Idaho (hereinafter called the “Municipality”), said franchise and right (to the extent permitted by applicable law) to be exclusive, and prescribing the terms and conditions thereof; providing for various benefits and considerations to the municipality through the construction of certain crossings which inure to the Grantee hereunder in the streets, and for repair of damages done by Grantee, and for Grantee’s indemnifying the Municipality for all loss or damage suffered by it caused by Grantee hereunder; providing for the assignment of this franchise by mortgage, trust deed, or other lien created to secure indebtedness for money borrowed for corporate objects; providing for the direct operation of it by the Union Pacific Railroad Company, and providing for the publication of this ordinance and specifying the date on which it shall take effect.

BE IT ORDAINED by the Board of Trustees of the Village of Georgetown, Bear Lake County, Idaho:

Section 1.  There is hereby granted to Central Farmers Fertilizer Company, its successors or assigns (hereinafter collectively called “Grantee”), the right and authority to construct, install, maintain and operate a railroad across West Street, between First and Second Streets, Highway 30 between First and Second Streets, East Street between Second Street and the South boundary of the Village of Georgetown, and the easterly end of Fourth Street, within such Village, for the purpose of transporting and distributing freight over and upon such railroad, through and beyond said municipality.  The franchise privileges, rights, authorities, and grants herein and hereby made to the Grantee shall be granted for and limited in time to, a period of twenty (20) years from the date of taking effect.

Section 2:  A condition precedent to this franchise and grant becoming effective is the following:

a.    That the railway is to be built is to be 4 feet 11 ½ inches in width.

b.    That the consideration is the sum of One Dollar and other benefits enumerated in the following paragraphs.

c.    Grantee shall install and maintain the necessary culverts so as to permit the normal run-off to pass underneath the said railroad bed, and will have sufficient drainage to care for the customary amount of drainage that will be required.

d.    That sixteen feet graded entrances to all gates and driveway that now exist will be provided and permission is hereby reserved to owners of all gates and driveways hereafter constructed to change such gates and driveways, the grantee thereafter to do the necessary grading and to furnish and lay appropriate planking between the rails.

e.    That an oil mat will be laid level with the top of the rails, likewise, between the rails and four (4) feet on each side of the rails wherever railroad spur crosses the following named streets:  West Street between First and Second Streets, Highway 30 between First and Second Streets, East Street between Second Street and the South boundary of the Village of Georgetown, and the easterly end of Fourth Street.  The top of the ties shall be level with the top of the street grade on all of the remaining distances of the railroad in said Village.

f.    Grantee agrees o relocate the present village water pipes and sewer pipes, gas, or other facilities, as they now exist, in the event the construction interferes with the maintenance of the same as now constructed.

g.    Grantee assumes all damages that the Village of Georgetown may suffer during the construction of such railroad from said construction or from future operation of the railroad by the grantee.

h.    To operate, or cause the operation of, such railroad to be according to requirements as maintained by the State of Idaho and the operating company, Union Pacific Railroad Company, or by other appropriate authorities have jurisdiction over the operation of trains upon a railroad.

i.    Grantee will lay railroad tracks to conform to grade of street as now established and as it now exists prior to construction.

j.    Grantee to pay for the publication of this ordinance as and when directed such ordinance to be published by the Village of Georgetown, Bear Lake County, Idaho.

k.    This franchise shall not take effect until the right of way through the Village of Georgetown has been obtained by the grantee from all owners of property on property affected in the Village of Georgetown.

l.    In case of discontinuance of use of the railroad, grantee shall remove within three years all rails and ties within the present limits of the Village of Georgetown and level the bed of the railroad to the existing street grade in said Village.

Section 3:  The terms of this franchise shall be twenty (20) years.

Section 4:  In the event of the violation of any of the terms hereof relating to the construction to be done, such violation, if the same is material, shall forfeit all privileges granted in this ordinance.

Section 5:  All work and other facilities installed by virtue of this ordinance shall be so installed, erected and maintained as to interfere as little as possible with normal traffic over the streets of the village of Georgetown

Section 6:  Grantee shall be privileged to assign, lease, or otherwise dispose of this franchise to the Union Pacific Railroad Company, which is operating the main line railroad with which this line connects, and nothing herein contained shall prevent the Grantee from assigning its right, title and interest herein under any one or more mortgages, trust deeds or other liens created to secure any indebtedness of the Grantee incurred or to be incurred for money borrowed for corporate objects.

Section 7:  The invalidity of any provision or provisions of this ordinance shall not affect the validity of the remaining provision hereof, but in such event this ordinance shall be construed and applied as if the provisions thereof which are invalid were not a part hereof.

Section 8:  All ordinances and parts of ordinances of Municipality in conflict herewith shall be, and the same are, hereby, repealed.

Section 9:  This ordinance upon its adoption and approval and within 10 days thereafter shall be published in one issue of the News-Examiner, a newspaper, printed and published in Montpelier, Idaho, the official newspaper of the Municipality, and shall take effect on the 10 day after its adoption and approval.

Section 10:  Grantee is hereby granted the option, upon it giving written notice thereof, to renew this franchise at the expiration of the term of 20 years as herein stated, for an additional term of 20 years.  Said renewed or 20 year extended franchise to contain like condition and limitations as herein contained.  If Grantee gives such notice as herein stated, then and in that event this franchise should be deemed extended for such 20 year period, such notice to be given within 60 days prior to the termination of the first 20 year period.

ADOPTED AND Approved 30 January 1958

W. W. Hayes, Chairman
M. Floyd Clark, Clerk