The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-25

ceSsors or assigns, shall at any time IAN
to comply with, or in case of a breach by
it of any of the terms, provisions, condi-
tions or limitations contained IN or pro
vided for in this Ordinance, all the rlgnLs
and privileges hereby granted 1orlnWlln
shall terminate, and become for1elteu 10
the City of ST. Paul without any furtner
act or ceremony whatsoever.
SECTION 7.
This Ordinance shall take effect and be
in force from and after its approval, pub
LEGATION and acceptance, as he~reinbefore
provided.
Passed by the Assembly Oct. 2, 1902.
Yeas-Messrs. Arnold, Doran, Haas,
Rosen, schurmeier. Van Slyke, Whit
comb. MIR. Presidents.
Nays-0.
R. SCHIFFMANN,
President OF the Assembly.
Passed by the Board OF Aldermen ,ocr-
81, 1902.
.Yeas-Ald.. Bantz, Buschmann, Corning,
| Dahlquist, Dobner, Elder, Hinkens, Holt,
Moriarty, Rohland, Mr.. President-ll.
FRANK J. HUBER,
President of the Board of Aldermen.
Approved Oct. %, 1902.
Acting Mayor.
City Clerk.
Oct. 25-1902.
A'y F No. 6542-Ordinance No. 2921-By
Mr.. Van Slyke-
An Ordinance granting to J.. c. Prender-
CAST and Thomas Fitzpatrick the right
to construct a tunnel under Sixth street
between Wabasha street and Cedar
street. in the City of St. Paul:
The Common Councl of the City OF st.
Paul do ordain as follows:
SECTION L.
There is hereby granted to j. c. Prem
dergast and Thomas Fitzpatrick the right
to construct, and for the period Of TWEEN
! ty-fiVe years from the passage and &C
ceptance of this ordinance to maintain
a tunnel of such size and shape as may be
approved by the Commissioner OF Public
Works, and at such place as he may dl-
rect, a tunnel extending from the building
owned by said William Endicott and
Henry Endicott, and situate on lots II, Ii,
IA and 10, in block 6, of ST. Paul Proper,
and part OF lot IL, IN said block, under
meath the surface of said Sixth street. to
the brick building situate on lot 5 in block
8 Of st. Paul Trooper, and to lay and main
tain IN said tunnel. the necessary pipes Tor
conducting steam from the building and
premises first herein described to the
building and premises on the opposite side
of said Sixth street and located upon lot
5 of block 9 aforesaid, for the purpose of
! supplying heat for said last mentioned
building.
SECTION ?.
The privilege hereby conferred rs
granted upon the condition that the
grantee herein shall assume all liability
/ IDdI INDY dIlSt OdI u u NC SoAoO0 OS
the exercise OF the privilege SO granted.
and shall ct al times save the City Of
St. Paul therefrom and from
all damages. costs and expenses growing
out of or arising from the construction
and maintenance of said tunnel, and the
pipes authorized to be laid therein.
SECTION 5.
No excavation shall be made in said
! Sixth street for the purpose of construct
Ing said tunnel and the same shall be
| nl1nn6 ar CIJph nnjnT hnnPaTh the surface
of the street as public safety and con-
venience may require and shall be pre-
scribed by the Commissioner OF Public
Works.
SECTION 4.
The privilege hereby conferred shall not
at any time be sold, transferred or as
signed to any other person, firm or corpor-
alton without the consent of the City of
st. Paul to be expressed by ordinance or
resolution July adopted by its Common
Council, and shall be held and exercised
solely by the grantees herein named, and
their authorized grantees for the purpose
of supplying to the building now located
on said lot 5, and shall not be used or
employed for any other p and the
grantees herein named shall not permit
any of the rights and privileges hereby
conferred, or any of the pipes or conduitS
herein authorized to be laid or maintained,
to be used in any manner by any other
person. firm or corporation now or here
after engaged in the business of furnish
ing heat to the City of St. Paul and its
Inhabitants.
SECTION S.
The grantees herein shall not furnish
steam or heat to any of the buildings To-
Gated on said lot 5, except under written
contract with the owner, lessee or tenan
thereof, as the case may be, and such
contract shall provide for a fixed and es-
tablished charge therefor which shall at
no time be less than the actual cost of
supplying the same, and said grantees
shall keep an accurate set Of books of &C
count which, shall at all times truthfully
set forth and disclose both the cost of
supplying such steam heat and the amount
charged or received therefor, and dupli-
cate copies of all uch contracts so made,
upon the execution thereof, shall be filed
in the office of the City Comptroller, and
the books Of account SO required to be
kept, under the provisions of this sec
ton shall at all times be open to the ex-
animation and inspection of the City
Comptroller, and salt grantees shall an
nually, on or about the first Monday in
February OF each year, file in the Office
of the City Comptroller, a statement such
as is required by section q, chapter ". of
the Charter of the City of St. Paul. The
amount charged or received for so sup
plying steam heat to the buildings located
on said lot 5 shall be taken to be the
gross earnings derived by the grantees
herein from the exercise and enjoyment
of the privilege hereby granted, and said
grantees. on or before the first Monday
of March in a year during the time
that the privilege hereby granted Shall
remain in force, shall pay into the City
Treasury a license fee in a sum equal
rived or accruing from the exercise, and
enjoyment of the privilege hereby granted.
SECTION 6.
The grantees herein, before exercising
the privilege hereby conferred, shall exc
cute and deliver to the City of St. Paul
a good and sufficient bond thereto in the
sum of five thousand dollars ($5, 000). in
such form and with such sureties as shall
be approved by the Corporation Attorney
of said city, conditioned for the faithful
performance by said grantees of all the
obligations and conditions hereby impos-
ed. and the Common Council may at any
time thereafter require that said bond
shall be replaced with a new bond with
other or additional sureties thereon, said
new bond to be similarly conditioned
SECTION Z.
In the event that the grantees herein.
or their authorized assigns, shall fail
at n time to comply with, or in the
event of a breach by them of any Of the
terms, provisions, conditions or limita-
lions herein contained, the privilege
hereby granted shall forthwith terminate
and become forfeited to the City of St.
Paul, and sSaid city shall have the right
to close such tunnel. or make such public
use thereof as public interest may re-
quire.
SECTION s.
The grantees herein, within thirty DAYS
after the passage and publication of this
ordinance shall file with the City Clerk
their written acceptance thereof, and
therein shall agree to abide by, keep and
perform all the terms, limitations, condi-
lions and provisions thereof; such accept
ance to be in such form as shall be ap-
proved by the Corporation Attorney. and
within said perior said grantee shall file,
in the Office Of the City Comptroller. a GER
tilted copy of such acceptance. together
with the bond herein provided for.
SECTION 8.
This ordinance shall take effect and be
in force from and after its passage, pub
LEGATION and acceptance, as ~hereinbefore
provided.