St. Paul daily globe., 1888-08-18


times above provided, its entire line of
railway, as in this ordinance provided,
from Annapolis street to Second street.
is completed and put in operation.
said twenty-five thousand (25,00O dol
lars shall be repaid to said Enos Elec-
trio Railway Company. Provided, how
ever. that if said company shall be re-
strained from proceeding with the work
of constructing said railroad and its APP
purtenances, or from obtaining the
ln1unctl0n OF any court, the time dur
ing which it shall be SO restrained and
delayed shall be excluded from each of
the times herein described for the COM
pletiOn of the various parts of said rail-
road and shall be allowed to said COM
pany in addition to the times above pre-
scribed for the completion of said parts
of said railroad. The city of ST. Paul,
however, shall have, andhereby reserves,
the right to intervene in any suit or pro-
ceeding for snch iniunctionS or restrain
ing order aud to move for dissolution of
the same, in case it shah deem such suit
or proceeding colluSive, or for the pur-
pose OF delay or to extend the times here
III prescribed fur the completion of the
various parts of said railroad, and said
company shall cOnfine itself to the use
of the streets hereinbefOre enumer-
ated.
Sec. 9. The rights. privileges and
powers hereby granted are conferred
upon the further express condition, that
II the said EnoS Electric Railway Com
pany shall be guilty of unreasonable de-
leplacing the surface of the streets
upon Which 1t may enter to construct
OF maintain its railroad, then and in
that case the City Engineer of the city
OF st. Paul may enter upon said streets
and replace the same III proper cOndl-
ton at the expense of the said EnOS
Electric Railway Company. and the said
EnOS Electric Railway Company will
pay to the city of st. Paul said expense
within thirty (30) days after the demand
therefor. Ii 1o 80
Sec. 10. Nothing herein contained
shall be construed to abridge or limit
the power and the authority of the city
OF st. Paul or the Common Council
thereof to grant to any future applicants
permission and authority to exercise
like or additional franchises to those
hereby granted.
Sec. II. Said company shall be en-
titled to enjoy all the rights and privi-
leges hereby granted for fifty (50) years
after the passage and publication of
this ordinance.
Sec. II. The said Enos Electric Rail-
way company, its successors and assigns,
shall be liable to said city for all dam
ages, expenditures, liabilities and costs,
which may be incurred by said city by
reason of the construction or mainten-
ance of its said roadway or its appurten-
ances or any part thereof. OF the opera
ton thereof, OF by reason of the permiS-
sion herein granted to said company;
and said company, its successors and
assigns, shall fully save harmless and
indemnify said city for all such dam
ages, expenditures, loss and costs
which may be incurred. And the said
The EnoS Electric Railway Company
shall, before the commencement of con-
struction of said railway, execute bond
to the city of st. Paul. in the pt nal sum
of fifty thousand $4,000 dollars. with
suretleS to be approved by the Mayor of
the city of st. Paul, conditioned that the
said railway company will faithfully
observe and properly carry out all the
provisions of this ordinance, and that it
will forever indemnify and save harm
less the said city of ST. Paul against
and from all damages, judgments. de-
creeS, costs and expenses which it, the
said city of st. Paul, may suffer or
which may be recovered against it for
or by reason of or growing out of. or in
lipui lllC pdSSdSC
of this ordinance, or anything connected
herewith, OF with the exercise by said
railway company Of the rights, powers
and privileges hereby granted and con-
ferred, OF from any act or acts of the
said railway company, under or by vir-
tue of the provisions hereof; and said
company shall use the best and safest
devices for protecting human life, and
no cars shall be operated upon said
railway for carrying passengers until
committee of the Common Council and
the City Engineer shall have inspected
said railway and cars and become salts
fed that all due precautions have been
used to insure the public safety.
And the rights, powers and privileges
hereby granted are conferred upon this
further express condition, that is to say,
that said Enos Electric Railway com
pany will within sixty days after it re-
ceiveS written notice thereof pay any
and all judgments that shall have been
rendered against the city of st. Paul for
or by reason of or growing out of, or in
any manner resulting from, the passage
of this ordinance, or anything con-
nected Herewith, or with the exercise
by said railway company of the rights.
powers and privileges hereby granted
and conferred; provided it has written
notice of the suit in which said judg-
ment is rendered in such time as to
have an opportunity to assist the city,
should it SO desire, in the pleading and
trial of the defense to such suit; and III
case said railway company shall not paw
such Judgment within sixty days of such
written notice thereof, Judgment NAV
be rendered against it and in favor of
the city of st. Paul upon the said
judgment and for its amount with
interest, upon sixty days written
notice thereof and without other or fur
ther proceedings: and the said Enos
Electric Railway company shall file
with its acceptance of this ordinance
stipulation as to the payment and entry
of said judgment as hereinabove pro.
vided.
The said Enos Electric Railway COM
pany shall from time to time execute a
new bond in like sum and with like
conditions the one hereinbefore men
toned in this section whenever the
Common Council shall be of the opin-
ion that for any cause said bond is not
good and sufficient bond.
Sec. 13. The permission and author
ity hereby given and granted are so
given and granted upon the further ex-
press condition that said company shall
proceed within two (2) months from the
date of the acceptance of said ordinance
10 procure Glc TlSHt DIS against the own
ers of abutting property to construct
and operate said railroad along the
route in this ordinance designated.
either by purchase, condemnation or
otherwise, and shall prosecute such ac-
QUESTION Of right to construct, maintain
and operate its said railway with rea-
sonable diligence until such right is OBJ
tanned.
Sec. IA. The powers and privileges
hereby granted are conferred upon the
further express condition, that after
five o. years from the acceptance of
this ordinance the said Enos Electric