The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-01-15
SECTION /.


companies respectively, which terms and
conditions are particularly specified in
that certain ordinance known as Ordi-
nance No. 1887, approved May 20, $780,
the substantial provisions of which were
also Incorporated into a certain lease
executed by said respective companies
and by the officers of the City of ST.
Paul, under the direction of its Common
Council, bearing date the End day of
June, 1880, and said st. Louis, ST. PAU
and Minneapolis Packet Company having
for number of years last past failed to
pay the annual rental stipulated in said
ordinance and said lease, and having fail
ed and neglected to exercise any of the
privileges conferred thereby, and the City
or st. Paul, by reason OF such default,
having re-entered upon and taken pos
session of all that part Of said public
levee authorized by said ordinance and
by said lease to be used and occupied by
said st. Louis, st. Paul and Minneapolis
Packet Company, as by said ordinance
and said lease said city was authorized
TO 90 IN case of such default; now, for
the purpose of effectually declaring such
forfeiture and re-entry, it is hereby de-
clared that all the rights and privileges
granted to said ST. Louis, St. Paul and
Minneapolis Packet Company in and by
the terms of said lease and said ordinance
respectively are hereby forfeited, annulled
and terminated.
SECTION 2.
In place and stead Of the rights. priv
1leges and authorities granted to the
diamond 10 Line steamers under the
provisions of the ordinance Of May 20
1880, and in place and stead OF the priv
llegeS heretofore granted said company
to construct and maintain a warehouse
on said levee west Of the west line OF
jackson street as extended to the Mis-
slSslpp1 river, under the provisions of Or
dinance No. 1898, approved Dec. 2, 1896,
hereinaboYe referred to, and in place and
stead of the privileges granted to them
by the lease referred to in the first sec
fEn
ditions hereinafter named, said Diamond
10 Line steamers, a company engaged In
the carrying of freight and the transpor-
tatlon of passengers with steamboats, on
the Mississippi river, is hereby granted
the right to move the warehouse now
| owned and occupied by said company
and located on the public levee west of
jackson street, to a point on the shore
line of said leVee Immediately adjacent
to the west line of Sibley street, extended
to the present harbor line as recently fill
ed out and extended by the st. Paul
Union Depot Company, under the provi-
slons of Ordinance No. H72, approved
FEB. 70, 1901, and to re-fit said warehouse
building in suitable manner to be used
for the receipt and discharge of freight
and passengers to and from it's boats ply
ing upon said Mississippi river, and for
that purpose there is hereby granted and
confirmed to said Diamond 10 Line
steamers the right to use and occupy un-
til the first day of June, 1920, that part
of said public levee described as fol-
lows:
Commencing at point where the west
erly line of Sibley street, as originally
plated. fntersects a line parallel with and
tifty-fve $50 feet northeriy from the har-
Dor line on the westerly shore of the
Mississippi river as last established by
the United States Engineers, between
Sibley street and Jackson street in the
City of st. Paul; running thence westerly
along said parallel line, distance of one
hundred siXty-fiVe Q66 feet; thence
southerly at right angles a distance of
ffty-fiVe (55) feet to said harbor line;
thence easterly along said harbor line a
distance of one hundred siXty-fiVe Q65)
feet; thence northerly, at right angles to
said harbor line a distance of fifty-five
(50 feet to the place of beginning.
SECTION 3.
The privilege and authority granted and
confirmed to the Diamond 10 Line steam
erS under the second section of this ordi-
nance is made upon the express condition
that it shall release and relinquish to the
City of st. Paul all rights and privileges
heretofore conferred upon it in any man
ner or form whatever to use and occupy
any other portion of the public leyee on the
west bank of the Mississippi river in the
City Of st. Paul, and shall remove there
from any and all structures owned or
maintained by it thereon other than the
one hereinbefore referred to; upon the
further condition that it shall accept this
ordinance in writing as hereinafter pro-
vided, and at the same time and annual
ly on or before the same day OF each
succeeding year thereafter during the
period covered by this grant shall pay to
the City Treasurer Of the City of st.
Paul, for the use of said premises, the
sum of fifty G5Ql dollars; upon the
further condition that the premises here
by granted shall be used for no other
purpose than as landing place
for boats and vessels and that said ware
purpose tnan for the transfer OF goods,
wares and merchandise, and persons
shipped or transported by or upon YES
sells navigating the Mississippi river and
its tributaries and that said premises,
or any portion thereof shall in no way
be used for purposes of trade or traffic
by any person or persons; upon the
further condition that the City of st.
Paul shall have the right to enforce all
its police regulations upon said premises;
that this ordinance snail not in any way
impair, limit or restrict the powers Of
the Common Council over wharves, piers
or landings as conferred by the charter
of said city, and that there is reserved,
anything herein to the contrary notWith-
standing, to the Common Council of said
city, the right to alter, modify or repeal
this ordinance when in the opinion Of
the Common Council the public interest
required it to be done; upon the further
condition that the permission and author
ity hereby granted shall in no event be
assigned or transferred to any other per-
son, company or corporation except with
the consent Of the Common Council of
the City of st. Paul; upon the further
condition that whenever in the opinion
of the Common Council the public neces-
| Sity shall require the Common Council
| by resolution or ordinance, may require
| the said Diamond 10 Line steamers to
permit any transient boat plying upon.
said Mississippi river, desiring to land
with cargo or passengers at the City Of
st. Paul, to land at the wharf or piers
maintained by said Diamond 10 Line
| steamers, and to discharge it's cargo and
passengers free of charge at the most
c0nVpniPnf nOint said TrnTaiEpC a nd
| for such purpose to use under proper
rules and regulations, to be adopted and
promulgated by said Diamond 10 Line
steamers. the warehouse and passenger
| thereon, and said Diamond 10 Line
steamers during the time such direction
of the Common Council shall remain in
| force shall afford to such transient
SECTION A.
nothing contained in this ordinance
shall be construed as a guaranty on tho
part Of the City of St. Paul that it has
the right or authority to grant the priv
ileges hereby conferred, or to receive COM
pensatien from the grantee herein named
| therefor.
SECTION 8.
The Diamond 10 Line steamers, the
grantee herein. shall at all times keep the
| premises hereinabove described, in a
proper and safe condition for the use Of
| all persons lawfully thereon or passing
| over any portion Of said premises and
| shall keep and bear harmless the City
of ST. Paul from any and all claims for
damages in any way arising out of it's
| use and occupation of said premises as
| hereinbefore authorized.
SECTION 6.
within thirty days after the passage and
| approval Of this ordinance shall file in