The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-11

-NSt - 4NCW dy ASSNlliSt MINI.
AN ORDINANCE AUTHORIZING
Ihomas Lowry and c. G. Goodrich
their successors and assigns, to build
equip. maintain and operate a street rail-
way line along certain streets and ave
/ Iage of White Bear
w he Village Council of the Village OF
W sadfio scar 40 40 ordain as follows:
| Ihomas Lowry and G. G. Goodrich their
| successors and assigns, the authority.
right and privilege to build, equip, main
| LaL1 ana operate street railway line
| with single or double tracks, together
| with all necessary poles, wires, side
tracks and appliances, switches and turn
outs along the following streets and ave-
nues within the village limits of the VII
1age Of White Bear, to wit:
commencing on Lake Avenue, at the
| Souther!y limits of the Village of White
! Bear; thence northerly on Lake Avenue
| to Its intersection with the easterly line
! OF Bald Eagle Avenue; thence northeast
erly on the easterly side of and along the
! easterIy line of the right of way of the
! 81. Paul Il Duluth Railroad Company to
| Second Street; thence easterly on Second
street to its intersection with stewart
| Avenue on Lake Avenue; thence north
| erly on Stewart Avenue to Fifth Street
thence easterly on Fifth Street to john
son Avenue; as the terminus of said line;
and the said grantees, their successors
and assigns, are hereby granted the
right and authority to construct ''Y -
the corner of said Johnson Avenue and
said Fifth Street; the said ''y' 20 be used
Grated by said grantees, their successors
and assigns, on said line of street rail
way herein provided for.
Section IL. The said Thomas Lowry
and c. G. Goodrich, their successors and
assigns, shall have the authority, right
and privilege to operate said line or lines
OF street railway by cable, electric, pneu-
matte or gas power, or any other motive
power other than steam, at the option Of
said grantees.
| j. Section III The said Thomas Lowry
and G. g., Goodrich their successors and
| assigns. are hereby granted the author
1ty right and permission to enter upon
any or al of the, streets above named
and included in the route above desig-
mated, to construct and operate said rail-
way line, and to place, erect, secure and
maintain the poles. columns, wires CON
| QUITS and appliances which may be re-
! CURED for or are necessary in the con-
| struction and maintenance of said line Of
street railway, and for tbs operation of
| the same; Provided, however, that the
rights, authority and privileges hereby
granted shall be for the period of TWEEN
| ty-five years, and no longer.
Section w Said line OF street railway
/ snail be constructed and oDerated, as
herein provided, on the established grade
of said streets, and the tracks shall be
laid as near as practicable to the middle
of the streets. or avenues or other public
ways on which the same are laid Provid-
ed, that said tracks may be laid else
where than in the middle of the streets.
avenues and public ways whenever it is
necessary for the safe and successful op-
Grafton thereof, or it is SC provided for
herein.
Section V The tracks and railway line
herein authorized shall be laid so as to
conform to the established grade of the
streets on which the same are laid when
ever such streets shall have been graded
Where the streets are not graded to an
established grade the said grantees, their
successors or assigns. shall lay said
tracks so as to conform as near as prac-
ucahle to tho surface of such streets;
Provided. however that such tracks shall
be raised or lowered to conform to the
grade by said grantees. their successors
and assigns, at their own cost whenever
the same shall be eSta biiShed by the
Village Council of the Village Of White
Bear.
Section VI. Said grantees their sue
ceSSOrS and ASSIGNS shall at all times
defend and hold harmless the said Village
of White Bear from and against any and
all lawful claims for injury to any per-
son or property caused by the conStruc-
ton, operation and maintenance of said
street railway line.
All of the cars running upon said street
railway line shall be furnished with a
suitable light, and shall, during the hours
of darkness, be lighted within and fur
| nished with a headlight.
Section VII. The said Thomas Lowry
and c. G. Goodrich, their successors and
assigns, shall have the right to charge
and collect five cents. and no more, for
each passenger travelling on any of said
lines of street railway or parts thereof
within the village limits Of the Village
of White Bear; Provided, however, that
the payment of said five cents shall emit
tie the passenger so paying the same to
one continuous ride from any point with
| in the Village Limits of the Village Of
White Bear, located along any of said
lines, to any other point within the VII
lage limits of the Village Of White Bear
located along any of said lines; Pro-
ing said fare shall, il ne so desires, be
entitled to one continuous ride without
/ further charge, around the south shore
of White Bear Lake, as far as Wildwood,
so-called.
Section Will It shall be the duty Of
said grantees. their successors and as
signs, to repair any and all damage done
to the streets, curbs, sidewalks or other
public property by reason OF the con-
struction and operation Of the said line
of str et railway herein provided for.
Section TX Upon the termination. for
any cause. of the grant herein made said
grantees, their successors and assigns,
shall, when required by the Village Coun-
Gil of the Village Of White Bear, remove
the tracks. poles, wires. conduits and ap-
pliances from and off the streets herein
designated and restore the said streets.
as near as possible, to their former con-
dftion of usefulness.
Section K. The said grantees, their
| successors ard assigns, shall within thir-
| ty days after the passage OF this ordi-
nance file with the Village Recorder Of
! the Village. Of White Bear written ac-
ceptance of the rights, powers and privI-
leges herein granted, together with the
conditions, regulations and limitations
herein expressed. If the said grantees
shall fail to begin the construction of
said line OF street railway within twelve
months after the passage and acceptance
of this ordinance; or, after the construc-
ton Of said line, Of street railway. shall
fail to operate the same for a period Of
thirty days, provided, such failure is not
caused by some insurnountable obstacle,
usual accident, over which said grantees
| their successors OF. assigns, shall have no
| control then and In such case this ordi-
nance shall be void and the said grantees
! their successors and assigns. shall be
| deemed TO be and shall be relieved from
! and deprived of all the privileges and
/! obligations given and acquitted by the
/ terms and provisions Of this ordinance,
except the right and obligation to remove
! their tracks, poles and wires from and
| off the streets aforesaid and restore the
! same to their former condition of use
! fuiness, as heTeinbefore provided
| Section XII. This ordinance shall take
| effect and be In force srola and after its
| passage.
/ Passed May 18th. 1897