194495Or ginsl to City Cleik
i ,.,iuncfl File No. 194495 — Ordinance N,, 194495
11606--By Adrian P. Winkel-
. �o.
n t rr nrdinance authorizing the issil,
a permit to the Minnegol
Wi nke Railway Company, its succe'• b Q
PRESENTED BY t �U ,r•. •t ; io
s .
�7�[SK'Sg •_
AN ORDINANCE authorizing the issuance of a permit to the Minnesota
Transfer Railway Company, its successors and assigns, to construct and main-
tain a track on Capp Road. This is an emergency ordinance and rendered
necessary for the preservation of 'the public peace, health and safety.
The Council of the City of Saint Paul does ordain:
Section 1.
That upon compliance with the conditions hereinafter set out, the
Commissioner of Public Works is authorized to issue a permit to the Minnesota
Transfer Railway Company, its successors and assigns, to construct and main-
tain a track for the purpose of separating cars or trains over the same on
Capp Road, the center line of which is described as follows:
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Beginning at the Northeast corner of the Southeast quarter,
Section 29, Township 29 North, Range 23 West, and then South on
The East line of said Section 29,. a distance of Four hundred
seventy (470) feet, then westerly along the North line of Capp
Road to a point of beginning of center line of track•to be
described.
Then Southeasterly Seventy one (71) feet, more or less, on
a twenty degree curve to the right to a point on the South line
of Capp Road, which point is Forty six (46) feet, more or less,
West of the East line of said Section 29, measured on the South
line of Capp Road.
The conditions are as follows:
,l
1. Permittee shall save said City harmless from any and all
liability, judgments, suits, costs, charges, damage or expense
accruing to person or property, arising out of the construction,
maintenance, use, presence, adjustment, relocation, or removal of
said track.
2. Permittee shall file plans and specifications for said
track with the Commissioner of Public Works,•which. shall be satis-
factory to him and the Chief Engineer, and said track shall be con-
structed as he shall direct. Permittee shall pay the cost of in-
spection, if any. L
3. Permittee shall pay the cost of the publication of this
ordinance.
4. This permit may be revoked by the Council at any time,
and thereupon Permittee shall remove_said track.
5. Permittee shall, within ten days after the publication of
this ordinance, file a written acceptance thereof with the City Clerk.
Yeas Councilmen Nays
DeCourcy
Holland
Marzitelli
Mortinson
Peterson
Rosen
Mr. President (Dillon)
Attest:
City Clerk
1M 6 -66 u 8
Passed by the Council
PUBLISHED 11 - 2 _L21, •
A ""-pniTori
In Favor
Against
Original to City Clerk
OR-DI1�ANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.
Section 2
1-94495
That said track and any addition thereto or extension shall
be used for the purpose of serving industries now located or to be
hereafter located on property adjacent to or to be served industrially
by said track and -to be used by said Railway for other railway purposes.
Section 3.
That the previous resolution of this Council, passed on
October 1, 1959, under C. F. No. 194193, is hereby rescinded and
this ordinance, upon taking effect, shall supersede the aforesaid
resolution.
Section 4.
- Thi.s,-�zRgrdinance is hereby declare,d.:to be an emergency ordinance
rendered necessary for the preservation of'the public peace, health,
and safety.'
Section 5.
This ordinance shall take effect and be in force from and
.after its passage, approval, and publication.
Yeas Councilmen
De,E9`
Holland
Mortinson q
Peterson v
Rosen
Winkel
,Mr. President (Dillon)
a
0
I
NOV 181959
Nays Passed by th ouncil
In Favor
A gainst
NOV 181959
f
Attest: `
4 Ci Clerk
im
Approved:
Mayor
—2-
fupIIcate to Printer
PRESENTED BY Winkel
OR=DINANCE
COUNCIL FILE NO
294495
ORDINANCE NO. n
AN ORDINANCE authorizing the issuance of a permit to the Minnesota
Transfer Railway Company,, its successors and assigns,, to construct and main*
tain a track on Capp Road. This isa an emergency ordinance and rendered
necessary for the preservation of the,publlC pea0e, health and safety.
The Council of the City-of $alnt Paul does ordains
Section '1.
That upon compliance with the conditions hereinafter set out, the
Commissioner of Public, Works is authorized to issue a permit to the Minnesota
Transfer Railway Company, its successors and assigns$ to construct and main-
tain a track for the purpose of separating cars or trains over the same on
Capp Road, the center line of'which is described as follows:'
6s9inning At'the Northeast corner of the Southeast quarter,
..Section 29$ Township 29 North+ Range 23 West, and than ,$_.oath on
'the East line of sold Section 29, a distance of four hundred
seventy (470) feet$ then westerly along -the North line of Capp-,
Road to a point of beginning of center line of track to'be
described. ' ,
Then !Southeasterly $eventy• one (71) feet, more or less, on
a twenty degree curve to the right to o ppooint on the South line
of Capp $toad$ which point is i:orty six (46) foot, more or less,
Wiest of the East line of said motion 29, measured on the South
line of Capp Road.
The conditions are as follows:
1. Permittee shall save said City harmless from any and all
liability, Judgments, suits, costs, charges, damage or expense
accruing to person or property, arising out of the construction,
maintenance, use, presence, adjustment, relocation, or removal of
said track.
2. Permittee shall file plans and specifications for said
track with the Commissioner of Public Works, which shall be satis-
factory to him and the Chief Engineer$ and said track shall be con-
structed as he shall direct. Permittee shall pay the cost of In-
spection, If any.
3. Permittes shall pay the cost of the publication of this
ordinance.
4. This permit may be revoked by the Council at any time$
and thereupon Permittee shall remove said track.
5. Permittee shall, within ten days after the publication of
this ordinance, file a written acceptance thereof with the City Clerk.
Yeas Councilmen Nays
DeCourcy
Holland
Marzitelli
Mortinson
Peterson
Rosen
Mr. President (Dillon)
Attest:
City Clerk
1M 6 -66 8
Passed by the Council
Approved:
Mayor
Tn Favor
Against
Duplicate to Printer
PRESENTED BY
ORDINANCE
Section 2
94495
COUNCIL FILE NO.
ORDINANCE NO. ftbo
That said track and any addition thereto or extension shall
be used for the purpose of serving industries now located or to be
hereafter located on property adjacent to or to be served industrially
by said track and to be used by said Railway for other railway purposes.
Section 3.
That the previous resolution of this Council, passed on
October 1, 1959, uneer C. F. No. 194193, is hereby rescinded and
this ordinance, upon taking effect, shall supersede the aforesaid
resolution.
Section 4•
This ordinance is hereby declared to be an emergency ordinance
rendered necessary for the preservation of the public peace, health,
and safety.
Section 5•
This ordinance shall take effect and be in force from and
after its passage, approval, and publication.
NOV 18 1959
Yeas Councilmen Nays Passed by the C ncil
BsBeeny�
Holland
Mortinson Favor
Peterson
Rosen Against
Winkel
Mr. President (Dillon) Approved: NOV IS '1959
Attest:
City Clerk Mayor
1M 8 -59 8
—2—
Saint Paul, Minnesota
November 23, 1959
F
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen & Mrs. DeCourcy:
We, the undersigned, do hereby accept and agree to abide by all the terms
and conditions of Council File No. 194495, being Ordinance No.,11606, adopted
by the Council on November 18, 1959•
MINNESQ SFER RAILWAY CO.
BY
Vice President & Gtral Manager
FORM 7W NP" 7 -" _
l:
THE MINNESOTA TRANSFER RAILWAY COMPANY
PROPRIETARY COMPANIES:
CHICAGO, MILWAUKEE, ST. PAUL ✓4 PACIFIC R. R. NORTHERN PACIFIC RAILWAY COMPANY
CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RY. CHICAGO, GREAT WESTERN RAILWAY
GREAT NORTHERN RAILWAY COMPANY CHICAGO, BURLINGTON & QUINCY R. R.
MINNEAPOLIS, ST. PAUL 6 S. S. MARIE RY. CO. CHICAGO, ROCK ISLAND d PACIFIC RY.
MINNEAPOLIS 8 ST. LOUIS R. R.
SAINT PAUL. MINNESOTA
M. J. GALVIN
GENERAL SOLICITOR December 1, 1959
Mr. Joseph A. Okoneski
City Clerk
City of St. Paul,, Minnesota
Dear Mr. Okoneski:
Enclosed find duly executed acceptance of City
Ordinance #11606, Council File #194495, granting authoriza-
tion for the construction and maintenance of additional
track across Capp Roadq together with our check in the amount
of $13.10 in payment for the publication of said Ordinance.
We appreciate your cooperation in this matter.
Very truly yoursp _
M. J. GALVIN., SR.
General Solicitor.
MJG :HEM
Enclosures -2
ls
..2nd
Laid over to
3rd and app - A
dopt
Yeas Nays
Yeas Nays
\ DeCourcy
—
Holland
Holland
Mortinson
Mortinson
APV
ixete"m
Peterson
Rosen
Rosen
Winkel
Winkel
-�-Mr. President-Dillon —
Mr. President Dillon
Mr.. Vicc Pmidem µ CSg' wn)
.19�4�5 8