Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-24

| Railway Company, its successors and assign
shall, as respects the grading, paving, mac
adamizing, filing or planking of any street o
| part OF q street upon which any of its track
are now or hereafter may be laid, keep so mucl
| of the street as may lie between the rails o
each track and for space of two feet outsid
of its track or tracks, used and occupied b,
said railway company, clean and in good re
pair, 40 that wagons, carriages and other We
| hicles can pass and repass at any and al
points and in any and all directions. Ant
when any new improvement, paving, repaving
| rlanking replanking, grading only excepted
| is ordered by the Common Council, on any O
| said streets or parts of streets, upon which
| said railway company have laid or hereafter
may lay any track or tracks, except as to Tn,
streets or parts of streets upon which 1T
tracks are now laid, and as to them only afte
the street or part of street has once been con
structed with such new Improvement or paved
planked or macadamized, the SAID
railway company shall in the
| same manner and with like materia
as required of owners of property as to Other
parts of the street, make such new improve
ment on SO much of the streets of said city az
may lie between the rails of each track and fol
space of two feet outside of it's track or tracks
used and occupied by their railways as afore
said, or if the Board of Public Works should
deem it inexpedient that such new improve.
knouu Au0uIu Dc uduo Dy sdIu company, the
same shall be done by the city in such manner
as the Board of Public Works may determine,
the cost and expense to be paid by said COM
pany. Or in case the said company shall re-
fuse or neglect to make such improvement
when ordered by said Board Of Public Works,
then the same shall be done by the city in such
manner as the Board of Public Works may de-
termine, the cost and expense to be paid by the
said company, and if the st. Paul City Rail-
ypn hall ~ boz,
it's tracks cleaned and in good repair, or shall
refuse or neglect to make any new improve
ment, paving, repaviDg, planking or replank-
ing when ordered by the Common Council as
aforesaid, within such time as may be fixed by
the Board of Public Works, which shall never
be less than that given to contractors for the
construction of such new Improvement on the
contiguous part of the street. or in case
said work is done by the city, they shall neglect
or refuse to pay within such time as may be
determined upon by the Board of Public
Works, the cost and expense of any such new
improvement as may be ordered by the Com
mon Council and for which said company is
liable nnder this ordinance, after notice from
the City Treasurer that the amount chargeable
to the said company has been ascertalned and
fixed by the Board of Public Works for said
new improvement, which amount, however,
shall never exceed pro-rata that assessed against
any property on said street contiguous to said
railway track, then and in such case. it is ex-
pressly agreed by and between the City of St.
Paul and the said Saint Paul City Railway
Company that the cost of all new improve
ments as aforesaid, as we'll as the cost and ex-
pense of any and all repairs and cleaning of
streets as hereinbefore stated, may be collected
by distress and sale of personal property in the
manner provided by the general laws of this
State in the case of taxes levied upon personal
property, or by suit brought in any court hav-
ing jurisdiction, the said company waving all
objections except as to whether the work has
been done by the City and the cost and ex-
pense thereof.
Sec. Q. This ordinance shall be in force from
and after the fling with the City Clerk, by the
St. Paul City Railway Company of resolution
duly adopted by its board of directors, accept
ing it upon all the terms and conditions herein
and such acceptance shall be deemed
an agreement of the said railway company with
said city, to perform all and singular all the
matters and things required of said company to
be performed under this ordinance, and such
acceptance shall contain an express agreement
said St. Paul City Railway Company obligated
to be performed in this ordinance
Yeas-Ald. Allen, Dowlan. O'Connor, Grace,
Cornish, Griggs, Brennan, Minea, Mr.. Presi-
1ent-9.
Nays-Ald. Rlngwald-1.
Passed Sept. 81, 1880.
VIM. RHODES,
President of Council.
Approved Sept. %, 1880.
VIM. DAWSON, Mayor.
Attest:
THos. A. PRENDERaAsr, City Clerk.
Sept, a.