New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-01-14
ORDINANCE NO. "a.

UkUlNANUE M. 81.
yAn ordinance granting the right o.
voy upon and across certain streets, 0!t
. lens and public grounds IN the C1ty Of
Nev Uzna TO the st. Paul, NeW Ut1n q
Southeastern Railpay Company and
for other purposes connected tbereaOlth.
The City Council of the City of New
Ulm do ordain:
Sec. /. That the St. Paul, New Ulm
and Southwestern Railway Company,
its successors, assigns and lessees, are
hereby granted the right and privilege
and are hereby authorized and en-
powered to construct operate and per.
manently maintain railroad and tele-
graph line in and through the City of
New Ulm and upon, over and across
all streets, alleys and public grounds
in said city where said railroad is to be
built upon, over and across such streets,
alleys and public grounds as the same
fully appears on and by the map OF said
proposed railroad filed in the office OF
the City Clerk of said city, reference
thereto is hereby made for particular
ity; also to construct, operate and per-
manently maintain such side tracks
switches, depot grounds and yards and
appurtenances thereto, as may be neces-
sary or convenient in the operation OF
said railroad. .-...
Sec. g.. That the center line OF the
main track of said railroad where 1t
runs lengthwise in any street, shall be
at uniform distance Of not more than
ten feet from the centre line of such
street, except so far as 1t may be neces-
sary to deviate from said distance in en-
tering upon or leaving such street; and
the poles of said telegraph line shall be
set at the onter edge of the sidewalk,
Sec. 3. That there is hereby granted
to said railway company, its successors,
lessees and assigns, a space OF one
thousand feet in length by two hundred
feet in width on it's lire of road in said
city, for depot grounds and yards,
to be selected by said company either
north of Third North Street or south of
First South Street. Provided, such pub
lie grounds can be found at the places
designated from which such grant can
lawfully be made or take effect.
Sec. 4. That such tracks shall each
be of the standard width, and when
located on street Or alley, shall be so
laid as to conform to the authorized
grade of such street or alley, wherever
a grade has been established, and wher
ever said tracks or either of them shall
cross streets or alleys, which are tray
elled or open for travel, tie streets or
alleys so crossed shall be so graded from
side to side as to make the crossing of
the track easy and convenient; and
all said tracks on such streets or alleys
shall be 50 laid that the same shall form
no unnecessary obstruction to the free
use of such streets and alleys by the
public, and shall be we'll and securely
planked in the manner following, to-
wit:
The space between the rails shall be
covered with planks of such thickness
that the upper surface thereof shall be
on a level with the upper surface of the
rails, and on the outer side OF the rails,
on both sides Of the track, there shall be
laid p]anks at least eight inches wide,
the surface of which shall also be as
high as the top OF the rails; said planks
to be all securely fastened down and
kept in good repair by said company.
Sec. 5. That no engine, train or car
shall be run on any part of said tracks
hereby authorized, al any greater rate
of speed than six miles per hour; nor
shall any street-crossing on the line OF
said tracks be INSTRUCTED by any engine,
train or, car, at any time, longer than
may be necessary for the passage of
such engine, train or car over the same.
Sec. 6. That whenever any engine is
in motion on said track, the bell shall
be kept constantly ringing, and no en-
CINE shall be put in motion on said
track without first ringing the bell.
That no whistle of any engine on said
track shall be sounded, except for the
application CT brakes, or except when
necessary to prevent accidents, or when
required by law.
Sec, Z. That whenever any track
herein provided for shall be laid over
any water main heretofore laid by said
city, such track shall be so constructed
that excavation may conveniently be
made under the same whenever such
excavation shall be necessary in order
to repair or relay any part of said main;
and said city reserves the right to lay
watermains, pipes, construct sewers or
make any other public improvements
or to repair or relay any part thereof,
or any fixtures thereto belonging, and
for that purpose, upon notice, to exca-
vate under any such track and right of
way, doing no unnecessary damage.
Sec. s. That the said railroad COM
pany, It's successors, assigns and lessees
shall hold the City of New Ulm fully
indemnlfed and harmless against any
claims for damages, on the part of any
private individual or individuals, OF &C.
count of or by reason of the rights and
privileges hereby granted. .i
II Sec. 9. That any, willful violation of
the regulations prescribed in this ordi-
nance respecting the manner of operat.
ing the tracks hereby authorized, shall
subject the offending company or per-
son to a penalty Of one hundred dollars,
to be recovered by said city by action
before any competent court in the coun-
ty in which said city is situated.
u