The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-24
OFFICIAL PUBLICATION

City of ST. Paul.
3D. F No. 1S2O3-Ordiuanc No. 240S-By
Aid. Bantz-
An Ordinance granting to Ella Vein
holzer the right to construct a tunnel
under Wabasha street, between Third
street and the northerly approach to
the Wabasha street bridge, in the City
of st. Paul.
The Common Council of the City of
st. Paul do ordain as follows:
SECTION L.
Privilege is hereby granted to Ella
Weinholzer the right to construct, and
for the period of twenty-fiv years after
the passage and acceptance of this ordi-
nance to maintain a tunnel of such size
and shape as may be approved by the
Commissioner of Public Works, and at
such a place as he may direct, extending
from Lot Six CO., Block Thirty-five $3.50,
st. Paul Proper, underneath the surface
of said Wabasha street. to Lot One (O,
Block Thirty-six (36). st. Paul proper.
and to lay and maintain in said tunnel the
necessary pipes for conducting heat.
SECTION 2.
The privilege hereby conferred is grant
ed under the condition that the grantee
herein shall assume all liability that may
arise out of or be caused by the exer-
else of the privileges so granted, and
shall at all times save the City of st.
Paul harmless from any and all dam
ages, 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 8.
No excavations shall be made In said
Wabasha street for the purpose of con-
structing said tunnel and the same shall
be placed at such point beneath the
surface of the street as public safety and
convenience may require. and as shall be
prescribed by the Commissioner of Pub
lie Works of the City of st. Paul.
SECTION 4.
The privilege hereby conferred shall
not. at any time, be sold, transferred or
corporation, without the consent of the
City Of st. Paul, and shall be held and
exercised for. the purpose of supplying
heat to the building upon Lot One ~,
and shall not be used or employed for
any other purpose whatsoever.
SECTION s.
The grantee herein shall not furnish
heat to the building on said Lot One %,
Block Thirty-six $3.50, Saint Paul Proper,
owner or tenant thereof and such con-
tract shall provide for a fixed and es-
tablished charge, which shall, at no time.
be less than the actual cost of supply
ing said heat and said grantee shall keep
an accurate set of books. of account,
Which shall at all times truthfully set
forth and disclose both the cost Of sup
plying heat and the amount charged or
all times be open to the examination and
inspection of the City Comptroller of the
City of Saint Paul; said grantee shall
annually on or before the first Monday
in the Office of the City Comptroller a
statement such as is required by Sec
ton a. Chapter A. of the Charter of
the City Of Saint Paul and said grantee
Monday In March of each and every year.
pay into the City Treasury, a license
fee in sum equal to per cent of the
gross earnings derived or accruing from
the exercise and enjoyment of the priv
lege hereby granted.
SECTION 6.
The grantee herein shall execute and
deliver to the City Of Saint Paul a good
and sufficient bond in the sum of Five
Thousand (s5,000) Dollars. In such form
proved by the Corporation Attorney of
said City. conditioned for the faithful
performance by said grantee Of all the
obligations and conditions hereby i'm
delivered before. any of the privileges
hereby conferred are exercised by the
grantee herein.
SECTION 7.
In the event that the grantee herein
shall fail at any time to comply with
any of the terms, provisions, conditions or
limitations herein contained, the privi-
lege hereby granted shall forthwith ter
inmate and become forfeited to the City
of Saint Paul, and said City shall have
the. right to close such tunnel or make
such public use thereof as the public
interests may require. ,sgtta
SECTION 8.
Within thirty days after the passage,
approval and publication of this ordi-
nance, the grantee herein shall file with
thereof in such form as shall be ap-
proved by the Corporation Attorney, and
within the same period, the said grantee
shall file In the office of the City Comp
ance. together with the Bond herein pro-
vided for. Provided, that before this or
dinance shall take effect the grantee shall
pay into the City Treasury the sum of
fray the expense of the City in the prem
Uses, and the Commissioner Of Public
Works shall not issue permit for do
ing the work herein provided for ex-
cept upon presentation of the City Treas
urer's receipt for said sum.
SECTION 8.
This ordinance shall take effect and be
in force from and after its passage. ap-
prevail. publication and acceptance as
hereinbefore provided, and upon the pay
ment to the City of said 10000.
Passed, by the Assembly Nov. 10, 1903.
Yeas-Messrs. Arnold. Dofan. Haas,
Rosen. Schurmefer, Van SIyke, Whitcomb,
Mr.. Presidents.
Nays-0.
Passed by the Board of Aldermen Oct
20. 1903.
Yeas-Ald. Bantz, Buscfimann, Cor
ming, Dahlquist, Dobner, Hinkens, Holt,
Moriarty, Rohland, Mr.. Presidential.
Nays-0.
FRANK J. HUBER,
President of the Board of Aldermen.
r. SCHIFFMANN,
President of the Assembly
Approved Nov II, 1909.
r. A. SMITH,
Mayor.
Attest: GEORGE T. REDINGTON,
City Clerk.
Nov 25-1903-1t.
3D. 2 No. 1S470-O Ordinance No. 1908
An ordinance to settle the claim of
Thomas r. Kearney.
The Common Council Of the City of St
Paul do ordain as follows:
SECTION /.