The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-08-09

Of Ordinances Passed and Resolutions
Adopted by the Common Council of the
City of st. Paul.
A'y No. 651S-Ordinance No 2295-
An Ordinance granting permission to the
st. Paul Terminal and Transfer Com
pany, railway corporation, its sue
cessors and assigns, to construct, main
tain and operate railroad tracks along
and across certain streets arfs alleys in
the City Of st. Paul, between blocks
d1t1on to West st. Paul, upon which
is to be located the terminal freight
house of the Burlington, Cedar Rapids
and Northern Railway Company, of
which the Chicago, Rock Island and Pa
cific Railway Company is the lessee,
and the southern boundary of the City
of ST. Paul.
The Common Council of the City of ST.
Paul do ordain:
SECTION 1.
Permission and authority are hereby
granted unto the st. Paul Terminal and
transfer Company, railway corporation,
IT'S successors and assigns, to construct
maintain and operate one or more tracks,
except as hereinafter provided, on it's line
OF railway as now located over and across
the following streets, avenues and alleys,
IN said City of st. Paul. to-wit: Robert
son street, State street, Fenton street
Minnetonka street, Chester street, Wyan-
dotte street, Alabama street, Rutland
street, Tennessee street, st. Lawrence
street, Eaton avenue Tin Hitchcock's Adj
dition) Amy street, Nicholas street
Brott street, Bancroft avenue, Halstead
street, Niagara street, Brown avenue
Congress street, Andrew avenue, Kansas
avenue Witham avenue, Arthur avenue,
Winifred street, Belvidere street, Lucy
street, Wyoming street, Versailles street
and Annapolis Street; the alleys in blocks
sixteen O6), twenty eight (28) and TWEEN
ty- nine (2S), in Dunwell & Spencer's Adj
dition; the alley in Hornsby''s Rearrange-
ment of block five 90, of Brown and
Jaekson's Addition; the alley in Thomas
Subdivision of block eleven (1D, of said
Brown and Jackson's Addition; it being
nance to grant permission and authority
to said company, its successors and as
signs, to construct, maintain and operate
its line of railway with. one or more
tracks, except as hereinafter provided,
over the streets and alleys upon it's line,
as the same is now located between the
Cedar Rapids and Northern Railway
Company of Iowa, in blocks four "a and
five 90. of MarshalPs Addition to West
HL paul fof Which Uif the Chicago Rock
the lessee to the south city limits Of
said City of st. Paul, substantially ac-
cording to the map or blueprint pre-
scented herewith and to be filed in the
office of the City Clerk of said City of
st. Paul and marked Exhibit showing
proposed location of line of railway of
SECTION 2.
The permission and authority herein
granted by section one of this ordinance
are granted upon the following express
conditions: That the said company, for
itself, its successors and assigns, shall
agree in writing to henceforth pay it's
proportionate share of any and all street
improvements abutting the northerly two
thirds of blocks four (4) and five 90 and
six (6), of Marshalls Addition to West
ST. Paul Except lot fifteen (15), of said
block six (6) in which said company is
not interested), and the southerly half
of blocks twenty (20), nineteen (19),
elghteen l1S) and seventeen Cd. Of
agree, for itself, its successors and as
signs, to pay its proportionate share of
any and all street improvements abutting
any other premises or portions of said
said MarshalPs Addition, which said
company, or any other railway company
claiming under. it the right to use the
privileges herein proposed to be granted
shall hereafter acquire, whether such
portions shall be used for railway pur-
poses or not: That the grade of the track
or tracks of said company shall be made
to conform substantially to the grade of
State street in crossing said street and
to the grade of the other streets, avenues
and alleys in crossing said streets, ave-
nues and alleys herein referred to when
such grade may be established by the
Commissioner of Public Works and the
Common Council of said city,
Said company shall at it's own expense
make and maintain convenient crossings
where the track or tracks of said COM
pany may cross any avenue. street or al
ley which is now or may hereafter be open
and used for public travel, as it may be
required or directed to do by the Com
mon Council Of said city, and said COM
pany may by said Common Council be
required to plank such portion of any Of
said crossings. And said company shall
bridge or tunnel as the case may be any
and all Travelled streets now or hereafter
existing that said company may cross
with its tracks as herein provided, when
ever ordered by the Common Council Of
said city and the same shall be of the
kind and material which said Council shall
approve, provided that no bridge shall
De , bliit oyer said tracks at an elevation
which VIII give less clear Roadway over
the same than twenty (20) feet
The Common Council of said City of St
Paul by resolution may direct said COM
pany to employ and keep continually at
it's own cost and expense one or more
hagmen on any of said travelled streets
now or hereafter existing and may direct
guards in and about the travelled street
crossings hereinbefore referred to. in
Guiding the construction and maintenance
OF gates at any of said travelled crossings
>aS IN the opinion of said Common Coun-
Gil the public safety may require
said Common Council reserves the
right to make such further reasonable
regulations as the public interests NAV
require and may prevent said company
us successors and assigns from permit
ing It's cars or engines to be left stand
Alleys; SO as to obstruct public travel.
SAID City Of st. Paul and the Common
Councli tnereof reserve the right to ex-
cavate in said streets, avenues and alleys
at any and all times. for the purpose Of
constructing sewers and laying water and
gas mains therein, and for any other mu-
nicipal purpose, and the said Company.
its successors and assigns shall pay the
increased or additional costs, If any. for
making excavations for such purposes by
reason of the existence of said track or
tracks upon said avenues streets or al
leys. The estimate of the Commissioner
OF Public Works of the said City of St
Paul shall be final and conclusive as to
the amount of said increased cost.
The said ST. Paul Terminal and Trans
fer Company, its successors and ASSIGNS
shall hold the City of st. Paul harmless
from any. and all damages occasioned by
reason of the construction, maintenance
and operation of said line of rail-
way across said avenues, streets.
and alleys. All such damage. If
any. there be shall be adjusted and
paid by the St. Paul Terminal and Trans
fer Company, its SUCCESSORS and assigns
and said company shall assume the de-
tense OF any and all suits brought for the