Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-16
LOCAL LEGISLATION.
published By AUTHoR1TY.]


AN ACT authorizing the CITY of Saint
Paul to construct permanent roadway
over Phalen's creek, on the line of East
Seventh (7th) street, and to issue bonds
in aid thereof.
Be it enacted by the Legislature of the
State of Minnesota:
Section l. That the common council
of the city of Saint Paul are hereby
authorized and required to construct a
permanent and substantial street crossing
over and through the valley of Phalen's
creek on the line of East Seventh (7th)
street, IN said city, and to construct all
necessary earth embankments and all
work connected with said improvement,
including culvert over said creek suf-
ficient in size and capacity to admit the
waters of said creek to pass under said
roadway, and of sufficient strenth to sup
port an earth embankment and roadway
of not less than sixty-six 1867 feet in width
on the top at grade. with proper slopes or
retaining walls, with power to said city to
acquire by purchase or condemnation
property mot included in the right of way
or premises of the Saint Paul and Duluth
railroad company, save and except that
said city shall have the right to cross over
and above the tracks and roadway of said
company so as not to interfere with the
passage of trains under I'll same), such
concentrations to be made and proceed
ings had therefor as law provides in the
charter of said city, such additional lands
or easements therein as May be necessary
to make such improvement and sustain
such embankment and so as to increase
the width of said street through said valley
so far as the same shall be deemed neces-
sary by said common council for the pur-
poses aforesaid.
Sec. 2. That it shall be the duty of said
common council, within a reasonable time
and without unnecessary delay from the
time of the passage of this act, to
change the present grade of said street if
deemed necessary for the improvement
named in the first (1st) section of this
act, and to establish the permanent
grade of said East Seventh (7th) street
from some point on said street westerly of
said valley to the eastern limits of said
city, and to provide that all the earth to
be removed in improving said street, in
accordance with the grade so to be estab-
llshed, shall be deposited in said valley
and form part of said embankment and
| roadway, unless earth for said purpose
can be obtained cheaper elsewhere. The
same to be deposited as not to injure the
present temporary bridge over said val
ley.
Sec. g. That the culvert over said
Phalen's creek, hereinbefore named, shall
be constructed as soon as the same can be
reasonably done after said grade is estab-
lished.
Sec. 4. No railroad corporation shall be
allowed to cross said street, except upon
the track or right of way used or secured,
so as to disturb or pass through or under
said embankment without the consent of
the common council of said city; Pro
oided, hoaoeuer, That any railroad company
or companies hereinafter desiring to con-
struct and operate track or line of rail-
| road across said portion Of Seventh (7th)
street, within said valley, may at any
time after the passage of this act, at its or
their own cost and expense and in such
manner as may be approved by said COM
mon council, construct and complete
proper, substantial stone or brick arch
| ways, sufficient in size to admit the pas
sage of cars through the same, and of
sufficient strength to support a solid
earth embankment across said valley of
sixty six 1857 feet in width at the top
thereof, with suitable and proper slopes,
in accordance with the grade so to be es-
tablished and of the Improvements in
this act authorized
Sec. 5. That said common council may
by contract or otherwise procure from
the owners of property adjacent to the
present lines of said street, within said
valley, the right or license to use such
lands for the purpose of said improve
TO hn Nv 10,
or the slopes thereof, and to provide that
such owners, their heirs or assigns, may
erect and maintain upon the lands so re-
quired for such purpose, buildings or
other structures adjacent to or AUDITING
upon the said roadway, under such pro-
visions and stipulations as said common
council may deem proper and expedient
in the premises.
Sec. 6. That only so much of the pro-
ceeds of the bonds now provided by law
to be issued for the repair or rebuilding
of the bridge, now constructed on the
line of said street over said valley, shall
be expended as may be required to tenn
porarily repair said bridge, and that the
residue of said proceeds or so much there
of as may be applied to the construction
of the culvert over said creek, in this act
provided for, and the residue. if any, to
apply on said embankment.
Sec. 7. That the earth so to be re-
moved in the grading of said East Seventh
(7th) street and deposited so as to form
part of said embankment shall be duly
estimated by the city engineer, and paid
for out of the proceeds of the bonds in
this act provided for at the rate of six (6)
cents per cubic yard, the residue of the
cost of such grading, removal and de-
post to be charged and collected as here
matter provided
Sec. s. That the engineering expenses
properly chargeable to the establishment
of said grade shall be paid by said city
and not included in any assessment of
benefits or damages against any property
benefited by said improvement.
Sec. 9. That the board of public works
of said city are hereby empowered and it
shall be the duty of said board to assess
the benefits, if any, and damages result
ing to any property by reason of said
change of grade of said street, and assess
the same under and in accordance with
the provisions of the charter of said CITY
in such cases provided and to assess such
damages, latter deductingsuch benefits, up
on all the property found benefited. The
same to be collected as now provided by
the charter of said citv in caSac Of oeooco