The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-09-22
OFFICIAL PUBLICATION

OF Ordinances Passed and Resolutions
Adopted by the Common Council of the
City of ST. Paul.
A'y F No. 71s7-ordinance No. 28s7-By
= Mr.. RoSen-
An Ordinance granting To tba erbica go
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
Inc Common Council of the City of ST.
Paul do ordain as follows;
SECTION /.
.tb Per% mission is hereby granted to
me me chicago Great Western Railway
Company, it's successors and assigns
10 construct maintain and operate one or
more railway tracks, not exceeding three
t5); together with the necessary turnouts
ana ana crossovers over and across the fol-
lowing named streets and on the follow
ing described alleys In the City of st.
Paui, Minnesota. namely: Robert court
formerly Wright street, Morrison ave
nue., Plato avenue, East Chicago avenue
East Indiana avenue, East Fairfield ave
nue., East Fillmore avenue, and the al
teen t38), fifteen (15), ten (10) and seven
teen CD 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-
structlon and management of railroad
crossings, and
Provided, however, that the grades of
said tracks shall be on the same grades
as the present established grades of said
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
De higher than the top of the sur
fI0A 4
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 space of at least two (2)
feet outside of each rail of said tracks.
and Keep and maintain the same in proper
Provided, further that the authority
and permission hereby granted is upon
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
snail IN IKE manner and with like ma
terlalS, 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,
dered as aforesaid, and in case said Com
pany shall. after being ordered so to do
by the Common Council, neglect for the
space of thirty days to Law 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 We're to be assessed against
property of private individuals, and the
amount SO assessed shall also be a per-
sonal obligation of said Company and
by it. pe''N
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
expense of any and all local Improve
ments to the same extent ana with like
erect as II such property were owned
by private individual until said tracks
are ordered removed by the Common
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
right and authority of said Railway Com
pany to maintain said tracks shall cease
and determine. and said Company shall
thereupon and within ninety 500 days
after the service upon it of a copy of
the resolution or ordinance directing such
removal, 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 to persons or property sustained
Of fhn" cfrrI0 tor, In,
tenance and operation of said tracks, and
reimburse said City for all sums which
1t may be required to pay as damages
and for costs and expenses in defending
any such claims.
SECTION 8.
The Chicago Great Western Railway
Company shall within thirty 900 days
after the passage and publication of this
City of ST. Paul its written acceptance
thereof; otherwise this ordinance shall
have no force or effect.
SECTION 4.
This ordinance shall take effect and be
in force from and after it's passage,
publication and acceptance, as hereinbe-
fore provided.
Passed by the Assembly Sept 8, 1903.
Yeas-Messrs. Arnold, Doran, Haas, Ro-
sen, Schurmeier, Wheeler Whitcomb, Mr..
Presidents.
NayS-0.
r. SCHIFFMANN,
President of the Assembly.
Passed by the Board of Aldermen Sept
Is, 1903.
Yeas-Messrs. Bantz Buschmann. Cor
ming, Dahlquist. Dobner, Elder, Hinkens
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. REDINGToN,