St. Paul daily globe., 1884-11-07


city to connect with the bridge 70 be con-
structed over the Mississippi.
ORDINANCE NO.
An Ordinance granting to the Minnesota
d Northwestern Railroad Company, the right
to construct its railroad on the levees Of the
City so as to connect with its proposed bridge
over the Mississippi river.
.. The Common Council of the CITY Of St.
Paul do ordain as asfollows:
Section 1. That there be, and hereby is
granted TO the Minnesota d Northwestern
Railroad Company, permission and authority
10 build and forever maintain and operate a
single track railway over and across and
upon the public levee of the Sixth ward of
said City, from junction with its present
located line in block four (4) OF BaziIle IL
Robertson's addition, TO a connection with
its proposed bridge across the Mississippi
river. Also over and across end upon the
public levee from connection with its pro-
posed bridge landing at 4 poiut nearly oppo-
site the center of block thrty-nine (39), ST.
Paul Proper, thence on a curved line TO a
junction near the east line of Jackson street
with one of the tracks now existing on said
public ievee in front OF block thirty 800 Of
ST. Paul Proper.
Sec. 2. That in the construction Of said
railway under the privileges hereby granted
the grade OF said tracks shalI be fixed and
determined by the City Engineer of the City
OF st. Paul, starting al the east line of Jack
son street and running 100 feet on the pres
ent grade of the said levee; thence crossing
the levee TO the first pier on rising grade
not exceeding one and one-half q ~ feet
in 100 feet; thence on the west bank of the
Mississippi river starting at the south line of
the lnvan af fla atob a.
running across said levee on a rising grade
not exceeding one and one-haf Q1<) feet in
100 feet.
Sec. 3. That the location of said bridge
and the tracks hereby authorized TO be con-
structed, shall be substantially on the line as
shown in map which the said railroad COM
pany hiss caused to be filed with the city
clerk of said city of st. Paul
The foregoing franchise and right of way
is granted TO and accepted by the Minnesota
& Northwestern Railroad company, upon
the express conditions following, to-wit:
First. That as a condition precedent TO
the construction OF its tracks upon the public
levee, the said Minnesota & Northwestern
Railroad company, shall complete and build
a railroad bridge over the Mississippi river
from and to junction with the line of rail-
way track authorized to be built by this ordi-
nance vnd have the same ready for the cross
lug Of cars within nine months after the
acceptan ce of this ordinance by said com
pany.
Second. That the Minnesota & North
western Railroad company, and all other
compouies, using the track of railway over
and across said public levee, shall at all times
keep said public levee or streets crossed by
IL or them, clear from distractions, such as
will or may unreasonably hindrr or DELAY. or
impair the free use and enjoyment of said
public levee or streets, and in no case shall
the Minnesota & Northwestern Railroad
company or any other railroad or other com
pany running over said track with its cars or
locomotives, allow said public levee or streets
crossed by them, TO be blockaded with its
ears. trains, engines or otherwise, except TO
cross the same, and no other company using
raid track shall allow said levee TO be blocked
up or obstructed by its cars or otherwise, for
a period longer than three consecutive min
utes.
Third. The city of st. Paul reserves the
right to make such changes of any grade
heretofore or hereafter established of the
Public leVee or street crossed
or used by virtue Of this ordinance
Of said Minnesota and Northwestern Railway
company, as it may think proper, and when
ever any such change of grade shall be
ordered as aforesaid, the Minnesota d North
western Railroad company must and shall
adopt its tracks to the grade as changed. so
as to bring the ties and lay th c rails as even
with the surface as may be.
Fourth. The Common Council of the CITY
of st. Paul may, by resolution, direct said
Minnesota 81 Northwestern Railroad Com
pany TO employ and keep continually at its
own cost and expense, one or more Flagmen
on said levee or streets, and to provide such
other safeguard in and about its business on
the levee, as, in the opinion of said Com
mon Council, the public safety NAV REQUIRE.
Fifth. The speed of all locomotives. cars
and trains running along and over said
levee and streets, shall not exceed the rate
OF four az miles an hour, and while in mo-
ton the bell of such locomotive shall be
regularly sounded TO warn persons OF danger,
provided that the said city reserves the right
to regulate the rate of speed on said levee
from time TO time, as the public interest
may demand by resolution of the Common
Council.
Sixth. That the said Minnesota g. North
western Railway Company shall, from time
to time, as ordered and directed by the
Common Council, pay It's pro rata share of
the cost for any improvement, for grading,
guttering and draining such public levee,
and other public Improvements of said levee
made necessary either by reason of river
transportation or pubic Improvement.
Seventh. The said Minnesota and North
western Railroad Company shall, at all
times, defend and save harmless the city OF
st. Paal from any and all damages, expenses
and suits arising or growing out
of the passage OF this ordinance,
and the use and occupation of
said levees and streets by cars, trains and
tracks as herein authorized and provided, or
resulting from q failure or neglect to comply
with the ordinance or any resolution of the
Common Council, passed Hereunder as
herein provided.
Eight-The city of St. Paul NAV at any
time hereafter by ordinance allow and per-
NIT any railroad company or companies, ter
minating in or running through said city,
to cross the bridge herein authorized to be
erected, and the railway track authorized to be
laid upon the public levee, and to run over
and cross said bridge aud upon and over the
said railroad tracks for the transportation of
locomotives and cars, under reasonable and
usual regulations governing railroad corpora
tions in joint use of bridges and railroad
tracks, such company or companies TO con-
tribute and pay their suitable share of the
cost and value of said bridge and the cost
and value of said railway track, and the
repair, expenses and other charges in using
and maintaining the same, and subject TO all
the conditions and provisions in this ordi-
nance contained, provided, said railroad
company or companies shall have previously
applied to the Minnesota d Northwestern
Railroad company for said privileges over
aud across said bridge and over and along
said railway track, and shall have been re-
fused the same upon its offer 10 accept said
privilege under reasonable and usual regu-
lations and reasonable and usual rules gov
erning railroad com pan les in Joint rlse of rail