The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-03

streets mentioned in any such notice ar
any any OF them. are not desirable or suitable
mat event said ST. Paul CITY RAILWAY
streate Icy shaii not occupy such street or
until Sue so designated in such resolution
hed by the Common Council nrovi1e5
ssTI;Me'er. that this condition providing for.
conf33naanno giving notice to the city shall
ely as the City of st. Paul shall nnt
SONS or give TO any other company per-
occupy Sncbp ntn, the right to use or
part thereof for or by streat - ,,t OF any
ddny description. either unon aho,.as u
presslv mnd srStace thereof: it being ex-
pp roSSy understood and agreed that tbis
provision shall not and does unt LIE .'lis
away any of the rights or anthor;4, .aS re
S eu a 81 taui CITY Railway Company un-
oeT EXISTING ordinances of said CITY hut
only that said st. Paul City Railway i-o Uo'
pdIy hereby agrees not to exercise ifo
bttsn LENS or authority In that behalf save as
tI EN- provided 1t Is further agreed that
lne terms and provisions of this suhdj
VISION as to filing and giving motive To The
lily as 10 intended construction and
extensions shall not apply to the exten
sion of any existing lines of street rail
way or 10 any future line that may la
t Ions under the foregoing notice:
mat Is 10 say, any then existing lire NAV
at any time. be further extended aionr
ana upon any street running in the same
general direction without giving such
notice; provided. the foregoing nTovis;on
as 10 giving notice shall not apnly tn
me Following streets and parts of streets
VIZ: ASoury avenue from the right of
R BAY OF the chicago. Milwaukee & st. Paul
naIiT Way company to st. Anthony avenue
ana ST. Peter street from Tenth street TO
Fourth street ee' "
qS) Said St. Paul City Railway Com
PSuy snail and VIII during the remainder
OF the life of Ordinance No 1927 of said
CITY, pay into the City Treasury of the
Slty or St Paul annually on or before
the nrSt day of March of each year dur
ing said time sum equal to the differ
ence between six per centum of the total
gross earnings of said Company for the
SAID Company shall be required to nav for
Sucn previous year as general taxes ex-
elusive Gus OF any interest and penalties that
may accrue thereon. Said general taxes
shali be deemed to include all taxes i'm
Whatever form paid and to whomsoever
PAID oy said Company. its successors or
a asst erl save and except only such sums
as are required TO be paid by said Com
pany under the present existing ordi-
na =. Of the City of St. Paul relating to
made by said Company to the CITY of ST
Paul under this subdivision shall be paid
on or before March l, 1907. upon the basis
the year 1906, and each succeeding annual
payment shall likewise be based upon the
gross earnings of the then last preceding
year; provided. that any sum or amount
tnat SAID company may be required to
pay to the city in any year as a gross
earnings tax as provided in Section II OF
SAID ordinance No. 1927 shall be deduct
ed from the amount required to be paid
Tor such year hereunder
(ID The said st. Paul City Railway
company shall: on or before July 1, 1905,
pay INTO the Treasury of the City of ST
Paul the sum of Thirty Thousand Dol
iars (S5O O0O.0 all of which sum shall
pe used by the city, either for the con-
struction OF new pavilion on the shore
or Lake Como in Como Park, or for the
widening of Sibley street, south of Third
street
Tho nro1,;s,oos 49,. - ,,... ,
above subdivisions numbered eleven N1),
twelve CID and thirteen Q3) shall be
Dlhd 1,g ana remain in force only so long
pany under existing ordinances as deter
mined and defined by said decision and
decree remain unimpaired and in force.
put eut THIS provision shall not excuse per-
Iormance of the other conditions hereof
That in case the said st. Paul City Rail-
way company. its successors or assigns,
snail fan neglect or refuse to abide by.
carry-out and fulfill any of the above and
foregoing terms. conditions or stipula tons
then and in that event, the City of St
Paul shall have. the right at any time
within the next three years from this time
10 apply to said United States Circuit
Court and have the above mentioned de-
cree In said action vacated and set aside
SO that 1t may again be re-entered and
thereby restore to said city It's right of
appeal from said decree. and in that event
It's right OF appeal and to have said de-
cree reviewed and passed upon by a high
er court shall be restored to the same
extent as said right now exists
Nothing herein contained shall be con-
Strued TO In any manner enlarge or ex-
tend any OF the powers or privileges now
possessed by said st. Paul City Railway
company under any existing ordinance OF
said city as determined and defined by
said decision and decree nor shall the
same be construed to in any manner ex-
tend the life or operation of any such ordi-
nance beyond the time In said ordinance
specified, and this resolution shall con-
tlnue In force and effect during the life
OF said Ordinance No. 1927 and no longer.
The St Paul City Railway Company
shall, within ten (10) days after the pas
sage, approval and publication of this
resolution. file with the City Clerk it's
written acceptance thereof. wherein and
whereby IL shall accept and approve OF
the terms and conditions thereof and ex-
preSSly agree to abide by, carry out and
fulfill all of the terms and requirements
or this resolution; the form and execution
OF said acceptance and undertaking to be
from which time the terms hereof shall
constitute binding contract between the
city and said Company, it's successors and
assigns.
This resolution shall take effect and be
In force from and after its passage APP
proVal. publication and acceptance as
above provided.
Adopted by the Assembly March 1. 1905.
MICHAEL DORIAN JR,
President of the Assembly
Adopted by the Board OF Aldermen
March 1, 1905.
FRANK ]. HUBER.
President of the Board of Aldermen.
Approved March 2. 1905.
K. A. SMITH,
Attest: GEORGE T. REDINGToN.
800 City Clerk.