St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-03-11
An Act

act amendatory thereof, approved the
twenty-ffth day of January, eighteen hun
dred and eighty-three
Be it Enacted by the Legislature of the State
OF Minnesota:
SECTION ONE.
The act entitled IAN act to authorize the
City OF st. Paul to purchase the franchises
and property of the St. Paul Water Com
pany," and creating the Board of Water
Commissioners, approved February tenth,
eighteen hundred and eighty-one, aud the
act amendatory thereof, approved the twenty
fifth day of January, eighteen hundred and
eightythree, are hereby amended and con-
solidated so that the same shall constitute
one act and read as follows:
SECTION TWO.
Whereas by an act of the Legislature OF
Minnesota, entitled Gan act to incorporate
tie st. Paul Water Company" approved
May twenty-sixth, eighteen hundred and
fftY-seven, and sundrv acts supplementary
thereto, and amendatory thereof, the
said company have full power and
authority given it to Introduce
water into the City of St. Paul, from any
place or places situate in the County of Ram
sey, and to lay water pipes il and through
the streets, avenues, lanes and squares there
of, and to have full and exclusive right to
lay pipes lOT COuhuClluS waltz IulO VI
the streets, avenues, lanes, alleys and squares
of said city, and to adopt any other neces-
sary means to furnish water to any inhabi-
tants Of said city and by virtue of the several
acts as aforesaid, and whereas, the great in
crease of the business and population OF
the City of St. Paul and the iDadeQuacy of the
supply of water now furnished by the said
company to answer the wants of the said city
have rendered it expedient that the duty of
supplying the said city with pure and whole
some water for all purposes should be under
taken and carried forward as in this act pro-
vided, and that the property. rights and
franchises of the said st. Paul Water Com
pany should be purchased from said com
pany by said city, if the same can be accom-
plished by the payment of a fair and just
compensation. Now, therefore, it is here
by made the duty of the Judges of the Dis
trict Court of the Second Judicial District,
or majority thereof, whenever re-
quested by the Common Council of the City
of St. Paul, TO appoint five compe-
tent persons without regard to their
residence, one of whom shall be a
practical civil engineer and familiar
with erection and maintenance of water
works, whose duty it shall be, after taking an
oath to faithfully and honestly discharge the
duties of said appointment to inquire into
and report as to the efficiency of tue general
plan adopted by said Water Com pany to supply
the city with water, what plan or system they
would recon mend, so as to furnish an ade-
quate supply of water to ali parts Of the city,
- the cost thereof, the propriety of the pur-
Enage of the St. Paul Water Company's prop
erty and franchises by the City Of st. Paul,
and such other facts as the Common Council
of the city may order and direct, and for
which services the said persons appointed as
aforesaid shall be entitled to such reasona-
bic pensation as the Common Council
may order and direct.
SECTION THREE.
Upon the receipt by the Common Council
Of the City of st. Paul Of the report of the
persons named in the foregoing section, in
regard to said water works as herein before
provided for if the same shall be deemed to
be satisfactory, the Common Council of the
City Of ST. Paul may open up negotiations
with the st. Paul Water Company for
the purchase of all Of the property,
rights and franchises of the said Com
pany; and If the Common Council, by
three fonrths vote of all the members
elect with the approval Of the Mayor, and
the said Water Company can and do agree
upon a price or sum to he paid by the City of
st. Paul for all of the property, rights, fran
chises Of said Water Company that upon the
payment, or the securing TO be paid of the
sum or price agreed upon by the City of st.
Paul to be paid TO said Water Company, the
said Company shall forthwith, without fur
Their consideration, assign, transfer and con-
vry to the corporation of the City Of st. Paul
all the rights, franchises, lands, property,
real and personal, Of every kind and descrip-
ton to said Company belonging or in them
vested, OF to which they are entitled, and
they shall also procure from the stockholders
OF said Company an assignment to the city
of all the capital stock OF said Company, and
the said st. Paul Water Company is fully
authorized and empowered to make such
transfer, assignment and conveyance, and
the same when so made shall be complete
and effectual for the transfer assignment
and conveyance to the corporation of the
City Of St Paul, as well as said capital stock
Dy the stockholders thereof, as Of said rights,
franchises, lands and property, and all Ger
tiicates of said capital stock shall be forth
with, on such transfer, delivered up to the
Treasurer Of said city, and said
City of st. Paul is hereby author
lied to take and hold said rights,
property and franchises for the uses and
purposes and in the manner in this act de
cared, specified and recited, and shall so
rights, franchises and property of every kind
So purchased from and transferred by the ST.
Paul Water Company, as aforesaid, and any
other lands, real estate or personal property
necessary for the construction of any canals,
aqueducts, reservoirs, other works for
conveying or containing water, or for the
erection of any buildings or machinery for
laying any pipes or cuuduits, or to secure
and maintain any portion OF the works; and
from the time OF said transfer said ccrtih
Gates shall have no validity in the hands of
any person or persons other than the City of
st. Paul.
SECTION FOUR.
That all authority under this act shall be
exercised by a Board Of Commissioners, to
be known aud designated as the Board Of
Water Commissioners, to be appointed rs
herein designated, and It is hereby made the
duty Of the Judges Of the District Court OF
the Second Judicial District, or a majority
thereof whenever requested by the Common
Council OF the City Of St. Paul by resolu-
ton under the seal OF said city, and approved
by the Mayor thereof, to appoint four
persons residents and freebolders of said
C'iy OF St. Paul, one C1l of whom shall be
st2spiuted to serve one % year, one (D for
two t2) years, one (D for three (S) years,
one ID for four CA years, and thereafter
one % annually shall be appointed for four
ca years.
These four az persons so appointed. to-
gether with the Mayor Of the city, who shall
ex-otliclo be member Of the Board, shall
constitute the first Board OF Com missioners.
All vacancies by resignation OF otherwise
shall be dlled BY the Judges aforesaid. upon
notification by said Board. The said Board
Of Water Commissioners shall elect annually
one Of their number 70 be President Of the
Board, and Que Of their number Vice prrsi-
dent and may make bylaws and regulations