Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-11-12
CITY COUNCIL
Special Meeting Last ssqhs--nas1road Nat

IL,
the clerk read the ordinance, as follows:
AN ORDINANCE.
Granting to the Minneapolis & st. Louis Rail-
way company right of way upon and across
ns certain streets IN the city Of Minneapolis.
ordain as follows
Section l. The Minneapolis & ST. Louis
hallway company, its successors and assigns.
are hereby authorized to construct and main
tain two railway tracks of its railway upon and
across such streets in the city of MINNEAPOLIS
as may be included or crossed in a line of rail
road described as follows, viz: Beginning at q
point IN the present tracks of the railroad of
said railway company about two hundred and
hfty (25o) feet northerly from the intersection
OF Fourth avenue south and Second street,
tnence curving to the left, crossing
Fourth avenue south and passing over
lots one %, two ~, three 81, eight (S), seven
| CO and six TO-, in block seventeen {17, in lin
neapolis; thence crossing Fifth avenue south
ana running along the alley in block sixteen
(l6)' IN minneapolis, tie Sixth avenue south;
and to use and operate such railroad with cars
| and engines in the usual manner.
SEC z. The city of Minneapolis reserves the
! right to enter upon those portions of said
streets upon which such railroad shall be con-
| structed and make such excavations and do
| such other work therein as may be neces-
sary or convenient in the construction
and repair OF sewers, cutters, water mains, gas
pipes, or other works improvements of
public character without being liable therefor
to any claim for damages; and the Minnesota &
| st. Louis Railway company, it's Successors and
assigns shall afford all aid and facilities to said
| city III doing said work, and protect such rail-
| road during such works, and relay the same
| at its own expense, when such works are COM
| pleted, from time to time,
! Sec 8. The Minneapolis & st. Louis Rail-
| way company, its SUCCESSORS and assigns, shall
md Jpfn1 hot
| portion of every street upon or across
! which it's tracks shall be con-
| structed in good condition for publ travel as
| may be needed, the city council may
| from time to time direct; and shall keep the
| same planked paved, macadamized or other
wise put in condition, the city council may
order from time to time; such planking paw
ing, macadamiZing other improvement to
| cover the whole space occupied by each Of said
! tracks, and the space between the two tracks,
and such distance outside of the outer rails of
each track as the city council may order. And
| the said railway company, its successors and
| assignees shall always conform the said
tracks to the grade of said streets
as such grade is or hereafter may
be fixed or changed by the city council Of said
conform to all reasonable regulations which
shall be made by said city council respecting
the running OF cars and engines upon and
across said streets, and respecting precautions
touching the public safety
SEC. 4. The aforesaid grant of right of way
to the Minneapolis & st. Louis railway COM
pany aforesaid its successors and assigns, shall
always, IN all things, conform to the provis-
lons OF this ordinance; and do and perform all
things whatever which are in this ordinance
stated or provided for, to be done or performed
on It's OF their part, faithfully and promptly;
ana ON the further express condition that any
other railroad company having terminus in
the city Of Minneapolis, shall have the right to
make connection with such railroad tracks and
always have che right to enter upon and pass
with Its cars and engines upon and over said
railroad tracks from junction herewith to
point as far southeasterly from the northern
terminus of said two tracks or either of them,
or any connection with either of them belong
Ing to the first above named company
shall extend in said city, upon such
just and equitable terms and regulations as
may be agreed upon by the parties interested;
and regulations, til, Il the city council shall
nave the power by resolution, ordinance or
| otherwise to fix such terms and regulations and
change the same from time to time.
SEC. s. If the Minneapolis Il st. Louis rail-
way company, its successors and assigns at
any time wilfully fail, neglect or refuse to
conform to the provisions of this ordinance
respecting the conditions in which such
streets are to be put and kept, and such fail.
ure, neglect or refusal shall continue for
the space OF thirty days after notice from the
city council OF from any officer of the city by
direction of said council, requiring them to
conform to the provisions hereof in the matter
the city council of said city shall have, and
does hereby expressly reserve the right and
power In such case to declare all rights of the
minneapolis q st. Louis railway company, its
SUCCESSORS and assigns acquired under this
ordnance or under any amendment express or
otherwise, of this ordinance, forfeited by
reason OF such failure neglect or refusal; and
thereupon and thereafter all such rights shall
cease and determine.
SEC. t. Ii said railway tracks ehall not be
laid, and the cars and engines running thereon
over the entire line which is mentioned and de-
scribed in section of this ordinance within
two. months after the date of the passage of
this ordinance, then all rights and privileges
granted by this ordinance shall lapse, end and
determine, and this ordinance cease to be OPP
eratlve so far as it grants any rights or privil-
eyes without any declaration of forfeiture OF
other act whatever.
Sec. Z. The city of Minneapolis in no wise
warrants any of the rights or privileges herein
granted, or which is intended to be herein
granted; and it is not to be subjected to any
claim for damages on account of any matters
herein contained.
SEC 8. The provisions of this ordinance
shall not be so construed as to take away or in
fringe upon the rights or privileges of any
other railway company.
SC.
way company, its successors and assigns, in all
Its constructions and repairs upon and across
al streets, shall SO perform its work as not to
hinder or unnecessarily impede public travel;
and shall take all proper precautions by fenc-
ing and lighting excavations and distinctions
10 guard against danger of accidents to the
public; and shall indemnify and save harmless
the said city against all claims for damages by
reason of any failure to take such precautions
SEC 10. This ordinance shall take effect
etc.
The reading of the ordinance completed,
the chair announced that the ordinance
would go over under the rules.
Aid. Nelson moved that the rules be sus-
pended and the ordinance placed upon it's
second and final reading and passage.
Aid. Walsh objected. He should prob
ably vote for the ordinance, but wanted
more time.
The protest of the Minneapolis Eastern
railway was then read, a synopsis of which is
given, as follows:
The Minneapolis Eastern filed in the Office
OF the clerk OF the district court its petition
for condemnation of a strip of land, for
right of way, on the following line: Com
mencing at point on the west bank of the
mississippi river where The easterly
line of Second avenue south
extends to said river, would
intersect the centre line of the right of way
of the Eastern railway as heretofore located,
and running thence easterly parallel with
and thirteen feet distant northerly from the
centre line Of the track of the Minneapolis
d st. Louis Railway company, to point at
beginning of curve in block 10, in Minneap-
Oils, thence curving regularly to the left, to
point at end of curve on the line, lots and
TO- in block T. in Minneanolis fan faat die