The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-09-23
loFFIcIAL PUBLICATION

Adopted by the Common Council of the
City of ST. Paul.
A'y F No 7197-Ordinance No. 2S97-By
Mr.. Rosen-
An Ordinance granting to the Chicago
Great Western Railway Company the
right to construct, maintain and oper-
ate railway tracks over and across
certain streets and on certain alleys in
the City of st. Paul, Minnesota.
The Common Council of the City of st.
Paul do ordain as follows:
SECTION /.
Permission is hereby granted to
the Chicago Great Western Railway
Company, its successors and assigns,
more railway tracks, not exceeding three
80. together with the necessary turnouts
and crossovers over and across the fol-
lowing named streets and on the Hollow
ing described alleys in the City of st:
Paul, Minnesota, namely: Robert court
formerly Wright street,, Morrison ave-
East Indiana avenue, East Fairfield ave-
nue., East Fillmore avenue, and the al
leys in blocks twenty three (2S), eigh-
teen 1Sl, fifteen Q5), ten (10) and seven
90 of BaZille & Roberts addition to
West st. Paul. Provided. however, that
nothing herein contained shall be construed
TO take away or abridge the power of
the City to regulate the use of the said
street crossings, or abridge or modify
any State Law regulating the care, con-
struction and management of railroad
crossings. and
Provided, however, that the grades of
said tracks shall be the same grades
streets and alleys, and that the tracks
hereby authorized to be constructed shall
be put in under the direction of the Com
missioner of Public Works of the City
of st. Paul in such manner as he shall
direct, and the rails thereof shall not
be higher than the top of the sur
Company whenever required by the Com
missioner of Public Works, or directed
so to do by the Common Council shall
plank in such manner as shall be directed.
the space lying between the rails of said
tracks and for a space of at least two (2)
feet outside of each rail of said tracks,
and keep and maintain the same in proper
condition.
Provided, further that the authority
and permission hereby granted is upon,
the further condition that when any paw
ing shall be ordered by the Common
Council upon any street upon along or
across which the tracks hereby author
lied are laid the said Railway Company
shall in like manner and with like ma
terials, at its own cost and expense, pave
such parts of any and all such streets as
may lie between the rails of each track
and between the lines of double tracks,
and for a space of eighteen inches, on
either side: outside of its track or tracks,
where such paving may have been or
dered as aforesaid, and in case said Com
pany shall, after being ordered to do
by the Common Council. neglect for the
space of thirty days to lay and construct
such paving. then the same may be done
under the direction of the City of St Paul
at the expense of said Railway Com
pany, and the amount of said expense
and the cost thereof shall be assessed
by the proper authorities of said City,
against the property of said Company.
upon like notice and in like manner as
If the same were to be assessed against
property of private individuals, and the
amount so assessed shall also be a per-
sonal obligation of said Company and
shall be chargeable to and shall be paid
by it.
The authority and permission hereby
granted is upon the further condition
that any and all real property now or
hereafter owned by said Chicago Great
Western Railway Company, and abutting
upon that portion of any of the streets
or alleys upon. or along which the track
or tracks herein authorized shall be laid
shall be liable to the lien of local i'm
provement assessments, and may be as
sessed for its proportion of the cost and
expense of any and all local improve
ments to the same extent and with like
by private individual until said tracks
Council.
SECTION 2.
The rights hereby granted may be re-
voked or annulled and said tracks or
dered removed by the Common Council
whenever in its judgment the public ne
cessity shall SO require, and in the event
of such revocation and annulment all
right and authority of said Railway Com
pany to maintain said tracks shall cease
and determine. and said Company shall
thereupon and within ninety 600 days
after the service upon it of copy of
the resolution or ordinance directing such
removal nv, take UP and remove said
tracks. The said Railway Company shall
at all times indemnify and save harmless
the City of st. Paul from any and all
claims for damages on account of any
injury tic persons or property sustained
in consequence of the construction. main
tenance and operation of said tracks and
reimburse said City for all sums which
10 III
and for costs and expenses in defending
any such claims.
SECTION 3.
The Chicago Great Western Railway
Company shall within thirty 900 days
after the passage and publication of this
ordnance file with the City Clerk in the
city OF st. Paul its written acceptance
1 thereof; otherwise. this ordinance shall
nave no force or effect.
SECTION 4.
This ordinance shall take effect and be
IN force from and after its passage
puollcatlon and acceptance. as hereinbe-
Passed by the Assembly Sept. 2. 1908
Heas-Messrs. Arnold, Doran Haas Ro-
sen, Schurmeier. Wheeler, Whitcomb Mr..
Presidents.
Nays-O.
R. SCIIFFMANN.
President of the Assembly
r. Pa SSe by the Board of Aldermen Sept.
Yeas-Messrs. Bantz, Buschmann. Cor
ming, Dahlquist Dobner. Elder. Hinl1ens
Holt, Moriarty, Rohland, Mr.. Presi-
dent-11.
Nays-0.
FRANK j. HUBER,
President Board of Aldermen.
Approved Sept II, 1903.
r. A. SMITH,
Attest: GEORGE T. RED1NGT On
Sept 23-19O3.
A'y No. .7209-Ordinance No 2aas
An Ordinance granting to the Chicago
Great Western Railway Company the
right to construct, maintain and operate
railway tracks over and across certain
streets and across and along certain
alleys in the City of Saint Paul. Mime
sofa.
The Common Council of the City of ST
Faui do ordain as follows:
SECTION 1.
The City of st. Paul hereby grants 70
me chicago Great Western Railway Com
pany, Its successors and assigns, the rigot
TO construct, maintain and operate one az
or more railway tracks (not to evceed
three), together with the necessary turn
outs and cross overs and across fhe fol-
lowing named streets and across and along
the following named alleys in said civ
OF st. Paul, namely: Custer street star.
Key street, Channel street, Plato avenue
Shlcago avenue, Indiana avenue Fair
neld avenue and Fillmore avenue, and the
alleys IN Block one hundred sixty-eight
SioSl OF West st. Paul proper, and in
plocks one hundred sixty eight (1681 one
hundred sixty-nine (169), one hundred
seVenty-nlne (179), one hundred seventy
eight (17S) and h,,p1 NY