Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-11
Official Publication of Ordinance Passed
by the Common Council of the City of
st. Paul, March 4, 1881.

st. Paul, March A, 1881.
ORDINANCE No. 22S.
An Ordinance authorizing and regulating GER
tain railways in the City of St. Paul.
The City Council of the City of st. Paul do Or
dain as follows:
Section |. That the Como Railway Company,
O corporation created and organized under the |
laws of this State, be, and hereby is granted, /
during the term of its charter, the right and |
privilege of constructing and operating |
single or double track for apassenger railway |
line with all necessary tracks for turnouts, |
side-tracks, switches, turntables and wyes in |
the following streets of said City, viz: On
Market street from the corner OF Market and
Fifth streets to the corner of Market and
Sixth streets, thence on Sixth street TO Fort
street, thence on Fort street to Tenth street,
thence on Tenth street to Rice street, thence
on Rice street to Rondo street, thence on
Rondo street to Mackubin street, thence on
Mackubin street to Martin street, thence on
Martin street west to Dale street, thence on
Dale street to its intersection with The old
Como road, from whence said railway is to
extend across private property TO apOlnt In or
within forty rods of Lot eight of Lake Como
villas, also on Charles street from Dale street
to Harrington avenue, thence along Harrington
avenue south to Rondo street. ProUidcd, hoac-
euer, that no turnouts, sdetracks, switches,
track shall be laid on any of the streets before
named, south of Rondo street, without special
permission of the Common Council OF said
city,
Sec. 2. The cars to be used upon any of the
foregoing tracks, between the corner OF Mar
ket and Fifth streets and the corner of Rice
and ROndo streets shall be propelled by animal
power only, and such cars upon said tracks
between the corner of Rice and Rondo streets,
and all points north and west of said corner,
may be propelled with either animal or steam
power as the said company may deem advis-
able, provided that no propelling power or ma
chnery of any kind shall be used after it shall
prove to be public nuisance.
Sec 8. Said tracks and railway shall be used
for the purpose OF transporting passengers,
baggage and parcels, and the cars and carriages
for that purpose shall be OF the best style and
class used on such railways in other cities;
Provided, said company shall at all times have
the right to use their track for transporting
iron, ties, fuel and other material for construct
ing their road and keeping the same in repair,
and such other purposes as from time to time
may be necessary in carrying out any contract
or engagement that may be hereafter entered
into by and between the city of st. Paul and
said company.
Sec 4. The track of such railway shall be
! laid so as to conform to the established grades
| of the streets on which the road may be built,
whenever the same may have ben graded by
| the city; but whenever the city shall change
| the grade of any street or streets, or any por-
| ton thereof, the said company shall raise or
| lower the track so as to conform to such change
of grade. Where the streets are not graded to
an established grade said company shall lay
| their tracks so as to conform to the surface
of such streets; Prouided, that they raise or
| lower the same to the grade when the city shall
grade the same, or any part thereof; and in case
| said city shall at any time pave or otherwise
improve the surface of any street along which
said railroad may run, said company shall pave
| or otherwise improve the space be-
tween the rails of their tracks, and
for space of two feet outside of its track OF
tracks, used and occupied by their railway as
| aforesaid, iunless otherwise ordered by the
Common Council, SO that it shall substantial
ly correspond with the improvement of the
street, provided said company shall plank the
tracks. and on both sides thereof at each stree
crossing, whenever required by the City Engi
neer of said city, and one or more plank as thu
case may be, to width OF
two feet shall be laid on the outside of each
rail, and on the inside when ordered by thu
Common Council, if the 7 rail is used
And in case the said company shallrcfus or neg
lect to make such improvement when ordered
by the Board of Public Works, then the sam
shall be done by the city in such manner as tn
cost and expense to be paid by the said com
pany, and if the Como Railway company shall
refuse or neglect to keep its tracks cleaned ant
in good repair, or shall refuse or neglect II
make any new improvement, paving, repaving
planking or replanking, as above provided
when ordered by the Common Council as afore
said, within such time as shall be fixed by thu
Board of Public Works, which shall never b.
less than that given to contractors for the con
struction of such new improvement on the con
tiguous part of the street, or, in case said worl
is done by the city, they shall neglect or refus
to pay, within such time as may be determined
by the Board of Public Works, the cost ant
expense of any such new improvement as may
be ordered by the Common Council, and fo
which said company is liable under this ordi
nance, after the notice from the City Treasurer
that the amount chargeable to the said com
pany has been ascertained and fixed by the
Board of Public Works for said new improve
ment, which amount, however, shall never
exceed pro rata that assessed against any
property on said street contiguous to said rail
way track, then and in that case it is expressly
agreed by and between the City of st. Pau
and the Como Railway Company, that the cost
of all new improvements as aforesaid, as well
as the cost and expense 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 Gen
eral Laws of this State in the case OF
taxes levied upon personal property: or by a
suit brought in any court having jurisdiction
| the said company waving all objections
| except as to whether the work has been
done by the city and the cost and expense
| thereof.
Sec. 5. The said City of st. Paul shall not
be held liable to said company for any damage
| that may be occasioned by the breakage. OF
any gas or water pipes, or from any delays Oh
| interference with the business of said compa-
| ny that may be occasioned by the construction
or repairs of water or gas pipes, or the i'm
| provement or repair of any street. The City
of st. Paul hereby reserves the right to take
! up and remove the rails of the said road when
ever it shall be necessary for the repair or i'm
provement of the streets or for the laying or
repair of water or gas pipes,
or for the construction or re-
pair of sewers, or for other public purposes
on the streets on which such rails may be
| laid, and the track of said road shall be taken
up and relaid by and at the cost and expense
of the company whenever the Council may re-
| quire the same to be done.
Sec. 6. The Council of the City of St. Paul
hereby reserves the right to make all necessary
| and usual police regulations concerning the
| operation and management of said street roads
during the continuance of the rights and privi-
| leges hereby granted.
Sec. z. Said tracks shall be laid in the CEN
| ter of the street in all cases except upon Rice
and Tenth streets, whence it will be as near
the center of street as practicable, unless 9th
o. 4