The Minneapo lis Eastern Railway Company shall construct a bridge. Shall keep bridge in repair. City reserves the right to enter upon SEC. 2. The said Minneapolis Eastern Railway Company, its successors and assigns, in crossing said Hennepin avenue, shall construct another bridge, the full width of said avenue, and of the entire roadway leading to the suspension bridge, which bridge, so to be constructed, shall be placed on the westerly side of the bridge which covers the opening now used for the tracks of the Minneapolis & St Louis Railway Company. And such new bridge shall be constructed in such manner, and of such materials, and in accordance with such plans and specifications as the City Council of said city shall first approve of and adopt; and no such bridge shall be constructed, nor any excavation made across or under said Hennepin Ayenue until the City Council shall have first specifically directed as to the manner of, and materials for, its construction, and have approved of and adopted plans and specifications therefor; and whenever such bridge shall be constructed, it shall, together with its walls, foundations and everything connected therewith, be forever maintained and kept up in the very best repairs by the Minneapolis Eastern Railway Company, its successors and assigns, who shall from time to time make such additions to, and changes and alterations about the same as may, in the opinion of the City Council, be required for the safety or convenience of the public. SEC. 3 The Minneapolis Eastern Railway Company, its successors and assigns, after constructing such new bridge over said Hennepin Avenue, as is contemplated in the last preceding section, may make any contract or arrangement with the Minneapolis & St. Louis Railway Company, which can be agreed upon between them, to exchange the occupancy of the space under such new bridge, for the space now occupied by one of the tracks of said last named company, nearer the Mississippi river. But in case of such exchange, the Minneapolis Eastern Railway Company, its successors and assigns, shall still continue to keep such new bridge and everything connected therewith in repair, and do everything about the same exactly as if it continued to occupy the space under the same with its own track. SEC. 4. The city of Minneapolis reserves the right to enter upon those portions of said streets upon which such railroad shall be constructed, and make such excavations and do such other work thereon as may be necessary or convenient in the construction and repair of sewers, gutters, water mains, gas pipes, or other works or streets to make improvements of a public character, without being liable therefor improvements. to any claim for damages; and the Minneapolis Eastern Railway Company, its successors and assigns, shall afford all aid and facilities to said city, in doing such work, and protect such railroad during such works, and relay the same at its own expense, when such works are completed from time to time. SEC. 5. The said Minneapolis Eastern Railway Company, its successors and assigns, shall always keep and maintain that portion of said streets along which its railroad shall be constructed, in good condition for public travel as may be needed, or as the City Council may from time to time direct; and shall keep all crossings of such streets, by other streets or avenues of said city, which now are or may hereafter be laid out across the same, planked, paved, Macadamized or otherwise put in condition, as the City Council may direct from time to time; and shall construct and maintain such bridges, over or under said railroad, as by the present or any future grade of streets so crossing, shall be convenient for public travel, and ordered by said Council; and shall always conform to such reasonable regulations as shall be made by the City Council of said city, respecting the running of cars and engines over said road, across or along such streets, and respecting precautions touching the public safety. SEC. 6. The aforesaid grant of right of way to the Minneapolis Eastern Railway Company, its successors and assigns, is made upon the express condition that said company, its successors and assigns, shall always in all things conform to the provisions of this ordinance, and do and perform all things whatever which are in this ordinance stated or provided for, to be done or performed on its or their part, faithfully and promptly; and on the further express condition, that any other railroad company, having a terminus in the city of Minneapolis, shall always have the right to enter upon and pass with its cars and engines, upon and over the track of said Minneapolis Eastern Railway Company, its successors and assigns, running over the streets mentioned in section one (1) of this ordinance, from a junction with such track to a point as far southeasterly of said streets as such track shall be extended in said city, upon such just and equitable terms and regulations as may be agreed upon by the parties interested; and in case they cannot agree upon such terms and regulations, then the City Council shall have the power by resolution, ordinance, or otherwise, to fix such terms and regulations, and change the same from time to time. , its Provided, That if said Minneapolis Eastern Railway Company, i successors or assigns, shall exchange the use or occupancy of tracks or of space for tracks as is provided for in section three (3) of this ordinance, then the last above mentioned condition shall apply to the track which shall be used and occupied by the Minneapolis Eastern Railway Company, its successors and assigns, upon such exchange, and not to the one which they shall by such exchange turn over to the Minneapolis & St. Louis Railway Company. SEC. 7. If the Minneapolis Eastern Railway Company, its successors or assigns, shall at any time wilfully fail, neglect or refuse to conform to the provisions of this ordinance respecting the construction or repair of bridges, or the condition in which such streets are to be put and kept, and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council, or from any officer of the city by direction of said Council requiring them to conform to the provisions hereof in the matter, the City Council of said city shall have, and does hereby expressly reserve the right and power in such case to declare all rights of the Minneapolis Eastern Railway Company, its successors and assigns, acquired under this ordinance, or under any amendment, express or otherwise, of this ordinance, forfeited, by reason of such failure, neglect or refusal; and thereupon and thereafter all such rights shall cease, end and determine. SEC. 8. If said railway track shall not be built and the cars running thereon, as far southeasterly as the southeasterly end of Water Street, and thence along the Mississippi river as far as where the Palisade Mill now stands, within nine months from the passage of this ordinance, then all rights and privileges granted by this ordinance shall lapse, end and determine, and this ordinance cease to be operative so far as it grants any rights or privileges, without any declaration or forfeiture or other act whatever. SEC. 9. The city of Minneapolis in no wise warrants any of the rights or privileges herein granted, or which is intended to be herein granted; and it is not to be subjected to any claim for damages on account of any matters herein contained. SEC. 10. The provisions of this ordinance shall not be so construed as to take away or infringe upon the rights and privileges which have been heretofore granted, by ordinance, to the Minneapolis & St. Louis Railway Company. SEC. 11. The Minneapolis Eastern Railway Company, its successors and assigns, in the construction of the bridge provided for in section two (2) of this ordinance, and in all its constructions and repairs upon streets and bridges, shall so perform its work as not to hinder nor unnecessarily impede public travel, and shall take all proper precautions, by fencing and lighting excavations and obstructions, to guard against dangers of accidents to the public; and shall indemnify and save harmless the said city against all claims for damages or injuries caused by reason of any failure to take such precautions. SEC. 12. This ordinance shall take effect and be in force from and after its publication. Passed the Council July 19th, 1878. ELWOOD S. CORSER, President of the Council. A. C. RAND, XXXIII. AN ORDINANCE GRANTING TO THE MINNEAPOLIS EASTERN RAIL- The City Council of the City of Minneapolis do ordain as follows: SECTION 1. The Minneapolis Eastern Railway Company, its successors and assigns, are hereby authorized to construct and maintain one or more tracks of its railroad, not exceeding two tracks, upon and across such streets in the city of Minneapolis as may be included or crossed in a line of railroad described as follows, viz.: Commencing at a point on the west bank of the Mississippi river where the easterly line of Second Avenue South, if extended to said river, would intersect the center line of the right of way of said Company already located; thence running easterly parallel with and thirteen feet distant northerly from the center line of the track of the Minneapolis & Saint Louis Railway Company to a point at the beginning of curve in block eighteen (18) in Minneapolis; thence curving regularly to the left to a point at the end of curve in the line dividing lots nine (9) and ten (10) in block seventeen (17) in Minneapolis, ten (10) feet distant from the rear end of said lots; thence in a direct line tangent to the curve, and parallel with and ten (10) feet distant from the southerly line of the north half of said block seventeen (17), and across Fifth Avenue South to and parallel with and ten (10) feet distant from the northerly line of fractional block sixteen (16), in Minneapolis, to Sixth Avenue South. Such tracks to cross First Street, in said city, underneath the grade, and to cross Fourth and Fifth Avenues South upon grade. And the Minneapolis Eastern Railway Company, its successors and assigns, is further hereby authorized to construct and maintain one track of its railroad upon and across Second Street and Fourth Avenue South, near their intersection, for the purpose of connecting its railroad with the tracks of the Chicago, Milwaukee and Saint Paul Railway Company; also, to use and operate such tracks, when constructed, with cars and engines in the usual manner. City reserving the right to SEC. 2. The city of Minneapolis reserves the right to enter upon those portions of said streets upon which such railroad tracks shall be constructed, and make such excavations, and do such other work thereon as may be necessary or convenient in the construction and repair of sewers, gutters, water mains, gas pipes or enter upon and other works or improvement of a public character without being liable therefor to any claim for damages; and the Minneapolis Eastern Railway Company, its successors and assigns, shall afford all aid and facilities to said city in doing such work; and protect their tracks during such work; and relay their tracks at their own expense if removed by such works, when the works are completed from time to time. make improvements. Shall construct and maintain bridge upon the line of First street and keep same in repair. streets over which it runs in good condition SEC. 3. The Minneapolis Eastern Railway Company, its successors and assigns, shall construct and forever maintain over its tracks upon the line of First street a good substantial bridge for public travel; such bridge shall be constructed in accordance with a plan, which shall be first approved by the City Council of said city, and said Railway Company, its successors and assigns, shall at all times keep said bridge in good repair, and with such sufficient railing and other safeguards, that there shall be no dangers of accidents to persons traveling thereon, and shall build sidewalks thereto whenever ordered by the City Council, and maintain such sidewalks, as well as the rest of the bridge. SEC. 4. The Minneapolis Eastern Railway Company, its successors and assigns, shall always keep and maintain that portion of every street upon or across which its tracks shall be constructed, in good condition for public travel, as may be needed, or as the City Council of said city may from time to time direct, and shall keep the same planked, paved, macadamized, or otherwise put in condition as said City Council may order from time to Shall keep all time, such paving, planking, macadamizing or other improvement to cover the whole space occupied by such tracks, including the spaces between several tracks and such distance outside of the outer rails as the City Council may order. And said Railway Company, its successors and assigns, shall always conform the said tracks, at their own expense, to the grade of said streets as such grade is or may hereafter be fixed or changed by the City Council of said city, and shall also, in operating such railroad, conform to all reasonable regulations which shall be made by said City Council respecting the running of cars and engines upon and across said streets, and respecting precautions touching the public safety. Conditions of the grant of right and privileges. SEC. 5. The aforesaid grant of right of way to the Minneapolis Eastern Railway Company aforesaid, its successors and assigns is made upon the express condition that said Company, its successors and assigns, shall always in all things conform to the provisions of this ordinance, and do and perform all things whatever which |