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THE LIBRARY
THE UNIVERSITY
OF
KMTIMONIA
OMNIBUS
ITY OF
焦
​ARTIBUS
RE
GENTS
MINNESOTA
i
AMENDMENTS
TO

THE CITY CHARTER
OF THE CITY OF SAINT PAUL, MINNESOTA,
AND
ACTS OF THE LEGISLATURE
SPECIALLY AFFECTING THE INTEREST OF SAID
CITY, TOGETHER WITH THE
ORDINANCES OF THE COMMON COUNCIL
OF SAID CITY, PASSED SINCE OCT. 9, 1869,
AS COMPILED
By W. A. GORMAN,
CITY ATTORNEY.
MINNESOTA
VOLUME IT
MARCH 31, 1872.
SAINT PAUL:
PRESS PRINTING COMPANY, CITY PRINTERS.
1872.
52.573
INDEX TO LAWS AND ORDINANCES OF THE
CITY OF ST. PAUL,
INDEX TO LAWS.
BOARD OF PUBLIC WORKS
·
May levy assessments
Page.
1
Section.
1
Objects for which assessments are to be made..
Crosswalks, how paid for....
1
•
1
Mayor to nominate Board of Public Works.
Term of office of Board...
2
3
1 2 3 H
4
4
4
4
Not to be Alderman; oath of office; compensation of
Board; Board to elect President...
Appoint clerk; clerk to keep record; engineer's
duties; engineer's compensation; oath of engineer
and clerk; meetings how called; fines for non-
attendance...
Quorum; propositions for improvements first re-
ferred to Board....
5
4
20
5
20
5
Board to investigate necessity of work; two-thirds
of Council...
!
6
10
5
Three-fourth vote of Council; Council may modify
plans; Board to report profiles..
6
6
Taking land for public use...
6
7
Six days' notice..
7
8
Board may administer oaths; Board shall estimate
value, land and damages.
Damages and benefits..
How damages and benefits assessed
Damages to land and building..
∞ ∞ ~ ~
7
9
7
10
8
11
8
12
Notice to non-residents; owner may elect to take
building at appraisement; Treasurer to pay damages 9
Where land belongs to different parties.
12
9
13
To describe real estate assessed.
9
14
.. •
Damages to be entered in book...
9
15
15
Objections to be in writing; new notice may be given.. 10
Board may revise assessment; assessment when con-
firmed; may set aside assessment; appeal how
tried
253001
11
16
4
*
Page. Section.
In case of appeal, roll to be certified; appeal how
tried and when; no appeal when assessment con-
firmed..
12
17
Doubt as to who receive damages; when damages to
be paid...
12
18
Contracts and leases cease; when
12
19
CC
Proceedings to be recorded...
13
20
13
21
Sidewalks, how laid.....
13
22
After contract to make assesssment..
14
23
$200 may be expended by street inspector.
15
23
Railroad companies may be assessed..
15
24
Six days' notice of time of making assessments..... 15
25
Six days' notice to hear objections; ten days' notice
for proposals to do work...
16
27
Contracts to lowest bidder..
•
17
28
Contracts paid out of assessments
17
29
How notices given....
18
30
When assessment confirmed, warrants to issue.
18
31
Collection warrants go to treasurer
19
32
D
Lien of assessments....
19
34
Payments in sixty days, or two per cent. per month;
interest collected..
19
35
·
Judgment how obtained against delinquents.
19
36
Proof of publication how made.
20
37
Clerk of court to docket suits
20
38
Court-how to proceed.
21
··
39
Party may file objections; what to be considered
by the court; order to sell property
21
40
Clerk's fees, &c....
22
40
Clerk of court to issue process to sell land…….
22
41
Advertisement to contain list of delinquent lots.
22
·
42
Figures may be used to denote lands, &c..
22
43
Certificate of sale given by city treasurer.....
No sale closed until payment made..
23
44
23
45
Treasurer to return his process to clerk...
23
46
Controller to keep record; right of redemption...... 23
47
Mode of redemption; certificate may be assigned... 23
Controller to note error in sale, &c., &c.
48
23
49
Deed prima facie evidence..
23
50
What proof must be given to defeat title..
25
50
Change in treasurer's office not to delay proceedings.. 25
Sale at City Hall..
26
52
Neglect of officer; penalty
26
Penalty for neglect of official duty
...
26
Effect of second sale.....
27
When city may take possession.
27
Treasurer's fees three per cent
27
57
ཐ་བྱ་་་
53
54
55
56
· 5
Page. Section.
24 per cent. interest on judgment..
27
58
When certificate may be assigned.
27
59
Street inspectors
28
60
Board of Public Works officers of city.
28
61
Repealing sections inconsistent.
28
62
Notes...
29
CC
30
30
AN ACT to aid in the improvement of Seventh street,
Mississippi street, and Third street, in the city of
St. Paul, and other streets and avenues in said city
of St Paul, approved February 29, 1872....
Three-fourths of Council required to issue bonds.... 31
Denomination of bonds.....
Proceeds of bonds how applied....
Proviso limiting amount on Seventh and Third streets. 32
AN ACT to amend "An act requiring the City Council of
the city of St. Paul to accept the dedication of
streets in new additions, and for other purposes,"
approved March 6, "71; approved February 27, '72.. 32
See act of 1871 in this vol., page 52.
When Council may accept...
Important streets to be eighty feet wide.
32
32
33
AN ACT to amend an act, entitled "An act relative to free
schools in the city of St. Paul," and the acts
amendatory thereof, approved February 29. 1872.. 33
St Paul one school district..
1
31
1
31
2
2
33
Vacancy in school inspector how filled..
33
Made a corporation....
•
34
Previso as to debts of districts.
34
Funds subject to order of Board of Education.
35
5
City to levy tax...
35
1 22
1 2 3 00 10 LO
3
5
Duties of Secretary.
35
6
AN ACT to amend the charter of the city of St. Paul, ap-
proved February 29, 1872...
36
Annual election when held.
·
36
Election districts, how divided..
37
Officers to hold over......
37
When office of city surveyor ceases..
37
When office of street commissioners ceases.
38
Qualifications of voters.....
38
Strike out Alderman of each ward....
38
1 2 ∞ ∞ ∞ 20
2
3
3
4
5
Term of office when to commence.
39
6
Street commissioner's office abolished, when
39
7
City surveyor's office abolished, when
39
8
6
Not to effect Board of Public Works..
Page. Section.
City limits extended, boundary lines.
Distribution of territory among wards.
City jurisdiction extended....
New limits are not liable to taxation for existing
city debts.....
Vacancy in offices, how filled..
This act to take effect on its passage.
..
39
9
40
10
40
10
41
10
10
41
10
41
11
41
12
==
AN ACT to authorize the city of St. Paul to issue bonds to
purchase public park grounds, and for other pur-
poses, approved February 29, 1872.....
..
42
Commissioners appointed by judge district court.. 42
Duty of commissioners
When bonds may issue.
•
Denomination of bonds.
Who to negotiate these bonds.
42
42
42
42
Council may lay off lots and blocks.
·
43
may o co đi 20 có
1
2
3
4
5
6
Principal and interest, how paid.
43
7
Council to make rules, &c....
43
8
Bonds to be a lien on park grounds
43
9
But not on lots laid out..
43
9
AN ACT supplemental to an act, entitled an act to authorize
the city of St. Paul to establish a system of sewer-
age for said city, approved February 24, 1869. Ap-
proved February 26, 1872.....
44
AN ACT to enable the city of St. Paul to consolidate and
fund the debt of the city, approved February 24, '72 45
Principal and interest, how paid....
•
AN ACT relating to vacating streets and alleys in the city
of St. Paul, approved February 28, 1872
Sole power given to City Council.
Repealing clause..
46
12
47
47
1
47
2
AN ACT to authorize the county of Ramsey or (and) the
city of St. Paul to issue bonds to build an alms-house,
and for other purposes, approved February 29, '72.. 47
Ramsey county may issue $30,000..
County commissioners may apply part to pay debts.. 48
City and county to bear expense.
47
1
1
48
2
•
Board of directors.
48
3
Duties of directors.
D
48
4
Directors to give bond.
49
4
Directors may make rules..
49
4
Directors may appoint physician and fix salary.
49
4
Duties of physician
Supercedes city and county physician.
County to deed the city one-third of certain lands... 49
Bids for hospital buildings, 20 days' notice.
City may issue $15,000 bonds...
Directors when to report....
Tenure of office of directors
•
Page. Section.
49
4
49
4
5
49
6
50
•
50
50
∞ ∞ 7
8
50
9
County board may make rules to carry this law into
effect..
AN ACT to establish an avenue from the present northerly
limits of the city of St. Paul to Lake Como, in
Ramsey county, to be known as Como avenue, ap-
proved March 3, 1871
·
To be 100 feet wide.
Commissioners to act within one year
Benefits and damages.
•
Plat to be filed..
Assessment of damages and benefits.
Avenue when deemed opened....
Ramsey county to pay damages.
51
•
51
51
51
51
51
52
52
youand grand Q N N 3 H
1
1
2
2
2
3
4
4
AN ACT requiring the City Council of the city of St. Paul
to accept the dedication of streets in new addi-
tions, and for other purposes, approved March 6, '71. 52
As to section 2 of this act, see this vol., page 32.
....
AN ACT to amend the charter of the city of St. Paul, ap-
proved March 2, 1871....
52
•
See revised charter of 1869, page 36.
City finances.
•
See revised charter of 1869, page 36.
City finances and ward funds..
Assessor elected by Council.
Term of office....
See revised charter of 1869, page 6.
•
See revised charter of 1869, page 9.
*
1 2
53
53
1
•
53
53
53
53
53
54
4
54
5
1 ∞ ∞ ∞ ∞ TH LO
2
2
3
3
54
6
54
7
54-55
55
∞ ∞
8
8
55
8-9
•
56
10
56
11
All contracts must be referred to commissioners of
interest and sinking fund……..
Two street commissioners to be elected.
Objects of tax levy given in detail.
Tax must be applied to express objects.
Duty of controller.
See act of 1872 in this vol., page 62.
•
Power of city justice limited as to vagrancy.
..
AN ACT to establish Summit avenue, in Ramsey county,
approved March 6, 1871...
56
8
Summit avenue established.
Direction of the avenue………….
What conditions must occur before opening.
AN ACT in relation to the board of county commissioners
of Ramsey county
Page. Section.
56
1
56
57
57
Six county commissioners to be elected, and when.. 57
Two, by the county at large...
57
Three commissioners to be elected, and how.
Old members, how long to act.
..
58
58
58.
58
The Mayor to be chairman of the Board..
Oath of office and penalty...
Auditor's duty to publish exhibit, &c..
Approved March 4, 1871.
AN ACT to amend the charter of the city of St. Paul, ap-
proved March 4, 1871...
12
1
2
3
4
6
→ ∞ ∞ TH 20 CT
58
7
59
See page 37, revised charter of 1869.
•
•
59
1
Board of equalization composed of Aldermen..
59
1
And commissioners..
59
1
City Council may alter report.
59
1
When abatement void....
·
60
1
Duty of Council committee.
•
60
1
Fines for not meeting.
60
1
Compensation....
60
See revised charter of 1869, pages 71 and 34
Certain funds credited to the general fund
60
60
(See page 34, revised charter of 1869)
D
60
Certain funds only drawn on order of City Council.. 61
No order drawn until the funds are in the treasury to
pay them..
2
1 2 2 ~ ~
2
1
61
2
Council may change name of streets.
61
2
3
When change of name of streets to be filed in reg-
ister's office
61
3
Register to note change on maps and plats..
61
3
Strikes out city prison (see revised charter of 1869,
page 64)..
61
4
This section is amended, see act 1871, page 56, this vol. 61
See revised charter 1869, page 14, as to jurisdiction
of city justice....
4
Exclusive jurisdiction of city justice.
Fines to be paid to city treasurer
See revised charter 1869, page 30.
Work-house, or work on public streets..
62
Amended in 1871, see this vol., on page 56..
Sheriff to pay over proceeds..
62
62
NNNNNNN
62
62
62
10 10 10
5
5
62
6
6
6
6
City corporation to levy assessments for local im-
provements...
62
7
9
Page. Section.
7
See Board of Public Works, this vol., pages 1 to 29. 63
AN ACT to authorize the city of St. Paul to issue bonds to
meet its obligations to repair and keep in repair
the St. Paul bridge across the Mississippi River,
approved February 28, 1870....
City may issue $20,000 bonds to repair bridge.
AN ACT to authorize the school board of education of the
city of St. Paul to issue bonds, approved Feb.
ruary 28, 1870....
INDEX TO ORDINANCES.
Insurance agencies, officers, &c.; amending ordinance,
on page 258 of revised edition city charter, 1869...
Insurance agencies, officers, &c., &c.; substitute for
section one on page 258 of revised edition city
charter, 1869..
Wharfage-substitute for section one on page 274 of
revised edition of city charter, 1869………..
64
1
64
1
Page. Section.
Approved March
66
23, 1870.
Approved July
5, 1871.
84
67
Approved May
7, 1870.
To prevent accidents from teams running away.
68
Approved June
10, 1870.
To assess upon the lots, blocks, or parcels of lots,
blocks, the expense of improvements, &c......
69
Street commissioner to publish notice....
€0
1 Approved June
10, 1870
Sidewalks not completed within 30 days-commissioner
to report.....
69
2
Contractor not to hold city until money is paid into
city treasury...
70
CO
3
Bids to be based upon grade now or hereafter to be
fixed
70
4
Owner failing to build sidewalks-names to be filed
with city treasurer..
70
Treasurer to keep a record of all payments.
71
To return list to comptroller by November 1st.
71
7
~ a a
5
6
To provide for grading and improving streets, and the
mode of paying for sewers, &c., &c., (see Board of
Public Works)....
72
Approved July
14, 1870.
Money to be set apart for constructing sewers.
72
1
B
10
Page. Section.
Funds to be set apart for keeping streets, &c., in repair
-not to be used for any other purpose..
Widening streets, &c., to be done at expense of prop-
72
2
erty benefited..
72
3
Commissioners to be elected-duties of..
73
Commissioners to receive $2 per day.
73
ст на со
4
5
·
Damages to be paid out of "street improvement
fund"..
73
6
CO
Abstract of lots, blocks, &c., to be made..
73
6
Abstract-what to contain .
•
74
Treasurer to keep a record of payments
74
List to be returned to controller....
75
8 29
6
7
Statement to be consolidated and sent to county aud-
itor....
75
8
Approved Jauuary
6, 1871.
St. Paul Water Company-tunnels of……….
... 75
Water Company to erect gate or door in crossing
sewers
75
Gate not to obstruct flow of water through sewers.... 76
Officers or agents only to unlock gate.....
Penalty for opening gate without permit..
76
76
Approved January Repealing ordinance in regard to taverns and tavern-
keepers
14, 1871.
pod pod Q M
112
1
1
2
3
76
Approved January
14, 1871.
To protect fire plugs of the St. Paul Water Company.
Horses not to be hitched to fire plugs.
77
77
Damaging fire plugs-penalty.
77
Opening fire plugs without permit-penalty.
Fire plugs not to be used except in case of fire, or by
permit from chief engineer fire department.....
Chief engineer fire department to have charge of fire
plugs...
77
77
3
77
Approved March
2, 1871.
..
Regulating railroads operating within city limits........ 78
Trains not to be run faster than four miles per hour... 78
St. Paul & Sioux City R. R. to construct sign board... 79
To employ flagman on street crossings when required
by City Council.
1.
2
79
3
Railroad company to construct and maintain gaslight
at crossings when required...
79
4
Neglect or refusal to comply with resolutions of Com-
mon Council-penalty.
79
Streets not to be obstructed.
79
Rules governing companies in making excavations....
All regulations to conform to this ordinance...
Neglect or refusal to comply with this ordinance-pen-
80
80
∞ ∞ → a
5
6
7
8
alty of...
81
11
When ordinance to take effect..
To regulate hack stands...
Where hacks shall stand......
81
Page. Section.
10
81
81
82
12
2
82
Violation of ordinance-penalty for.
Repealing ordinance regulating hack stands……..
Relating to the duties of chief of police and city justice. 83
Chief of police to keep record of names of persons ar-
rested-what to contain.....
83
To report at every regular meeting of City Council... 83
City justice to report semi-monthly-what report to
contain....
Duty of Common Council.
Penalty for neglect......
83
83
84
To amend an ordinance entitled "an ordinance to estab-
lish the fire limits of the city of St. Paul".. .... 85
Amending Sec. 1, page 226 of revised edition of city
charter of 1869...
Relating to the storage and sale of Petroleum and other
dangerous liquids, and to provide for the appoint-
ment of an inspector..
J
Certain fluids not to be kept within city limits...
Illuminating fluids must stand a fire test of 110 degrees
Fahrenheit....
85
Approved April
27, 1871.
1 Approved July
22, 1871.
12
00 TH 10
3
4
5
Approved July
1, 1871..
Approved July
29, 1871.
Approved July
29, 1871.
85
85
1
86
2
Not to remain in street, alley, &c., &c., longer than
eight hours.
86
3
Certain permit to be granted by chief engineer fire
department.
86
Inspector to be elected..
86
5
Duties of inspector.
87
6
+ 10 ∞
4
Fee of inspector..
87
7
Inspector to file oath of office with city clerk.
.. 87
Bond to be given in sum of $5,000....
. 88
Inspector not to deal or trade in article to be inspected. 88
To return true accounts.
∞ ∞ ∞
8
8
9
88
10
May be removed by mayor.
88
10
Penalty for violation of this ordinance.
88
11
Penalty on dealers.
88
12
Relating to Saint Paul Water Company..
89
Company to erect fire plugs-10 plugs to the mile..... 89
Kind of plugs to be erected....
Approved Decem-
1
ber 12, 1871.
89
1
City may lay service pipe to connect with main pipe.. 89
1
12
Page. Section
Compensation for erecting fire plugs and use of water
per mile......
90
When to be paid………….
90
2 3
2
3
If supply of water cannot be obtained, amount to be
deducted....
90
Plugs always to be accessible....
91
Plugs not to be erected where liable to frost.
91
Company to pay damages...
91
4 5 6 7
No extension of charter unless confirmed by the City
Council.....
91
8
Street mains not to interfere with sewers, &c....
Company to leave streets in good condition as they
found them, or pay expense of repairs.......
Not to delay railways or gas company or obstruct streets 92
Gas and water pipes to be laid on opposite sides...... 92
Proviso
92
9
92
10
10
11
93
11
Change of grade ten days' notice to be given.
When streets are out of repair what to be done..
Proviso as to cause of damage....
93
12
93
12
94
12
After 10 years from Dec. 1, 1871, contract to terminate
by giving six months' notice...
94
13
·
Proviso as to Sec. 13....
94
14
Approved January
8, 1872.
To authorize the construction and operation of horse
railways in certain streets of St. Paul.
Incorporators names..
•
Single or double track.
Propelled only by animal power
Council may regulate speed..
Track to be constructed on established grade of street 96
Kind of track.
Rate of fare.
·
... 96
96
License
96
Council may reduce fare-when....
96
95
95
95
95
.. 95
TQ 0 + 20 10 10 10
1
1
2
3
4
5
5
Rights to be forfeited unless one mile is constructed by
July 1, 1872.....
96
7
Rights and privileges granted to be vested in succes-
sors without further action of Council...
97
co
8
Franchises for ten years.
97
9
City may purchase track, &c., after ten years-how... 98
Commissioners to be appointed....
9
98
9
·
Fare on one line to be received by other line.
Rights heretofore vested not to be impaired....
To keep street within two feet of track clear and in
good repair..
Running of cars may be suspended by Council-when. 99
Violation of ordinance-penalty..
. 98
•
10
. 99
11
... 99
12
12
. 99
13
Cars to have signal lights-when.
99
14
13
When ordinance to take effect.
....
To amend an ordinance relating to sales by samples... 100
Repealing portion of ordinance on page 280 of revised
edition of city charter of 1869…..
Page. Section.
99
15
Approved January
31, 1872.
.100
1
Relating to the fire department..
101
Duty of chief engineer....
...101
1
Approved February
Chief engineer may suspend member of department...101
Engineer of steamers and their duties...
..101
The watch-duties of..
101
Firemen of steamers-duties of.
..102
234 10
2 23, 1872.
5
Drivers-duties of.......
No interference with engineers.
.102
6
.102
7
Engines must not be handled..
102
7
Smoking about the stable...
..103
8
Houses to be closed on Sabbath.
.103
9
Supplies
.103
10
Penalty for neglect of duty.
.103
11
Further penalty
•
.103
12
A
To amend an ordinance approved Oct. 9, 1869, establish-
ing a fire department..
•
104
Substitute for Sec. 18, page 236, revised edition of city
charter of 1869..
.104
1
Substitute for Sec. 14, of revised edition of city charter
of 1869, page 235..
104
Engineer of steamers to examine fire plugs.
104
23
Relating to contracts and contractors with the city of St.
Paul..
•
105
Approved February
When contract is let-what to contain.
Contractors to give full list of persons and amount due
each, &c., &c.....
23, 1872.
..105
1
..105
2
Work, labor and materials first paid and charged to con-
tractor....
..106
3
Amount to be paid in certain cases.
.106
4
Duties of police....
Defining the duties of the police force and the street
commissioner of the city in relation to obstructions
in the public highways.
To report dangerous places....
....106
..106
..106
Books to be kept for inspection....
.106
2
Street commissioners to see book every day
.107
3
To put up notice..
..107
Defects in sidewalk
..107
Neglect of policeman..
.107
11 ∞ ∞ ∞ +4
3
Approved March
9, 1872.
14
Page. Section.
To put up notice.
Owner or occupant to repair sidewalk.
Policeman to notify owner or occupant of defective
sidewalk
To keep a light or guard by night..
...107
Οτ
5
.107
5
..107
.108
20 CO CO
6
6
To enforce the rules of the Common Council.
.108
Approved March
Roll to be called.
..108
1
22, 1872.
Absentees noted....
108
1
President to order fine.
..
108
1
Copy to comptroller.
108
1
Two-thirds may remit fine.
.109
Failing to pay fine-contempt..
..109
Failure of officer to enforce-considered neglect......109
Policeman to attend Council.
..109
1 2 2 ~
3
*
LAW S
RELATING TO THE
CITY OF SAINT PAUL.
AN ACT TO AUTHORIZE THE CITY OF ST. PAUL TO LEVY
ASSESSMENTS FOR LOCAL IMPROVEMENTS, APPROVED
MARCH 6, 1871, AS AMENDED FEBRUARY 29, 1872.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That the municipal corporation of the City of
St. Paul is hereby authorized to levy assessments for local
improvements upon the property fronting upon such improve-
ments, or upon the property to be benefited by such improve-
ments without regard to a cash valuation.
assessments are to
SEC. 2. That such assessment may be made by the said City
of Saint Paul for filling, grading, leveling, paving, curbing, Objects for which
walling, bridging, graveling, macadamizing, planking, opening, be made.
extending, widening, contracting, altering, and straightening,
any street, lane, alley, or highway, and for keeping the same
in repair; also for filling, grading, protecting, improving and
ornamenting any public square or grounds now or hereafter laid
out; also for constructing, laying, relaying, erecting, cleaning
and repairing cross and side walks, area walls, gutters, sewers,
and private drains.
SEC. 3. The expenses of any improvements mentioned in Cross walks, how
the foregoing section shall be defrayed, save as herein other- paid for.
wise provided by a special assessment upon the real estate
benefitted thereby, to be levied in the manner hereinafter
prescribed. Provided, that cross foot walks over public
streets, lanes and alleys, and sidewalks adjacent to public
1
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squares and parks, shall be paid out of the improvement fund
of the proper ward.
SEC. 4. That such assessment (except in the case of side walks)
shall be made by the Board of Public Works of the City of
Mayor to nominate Saint Paul, to be appointed as follows: The mayor of said city
Board Public
Works.
shall on the second Monday of March of the year eighteen
hundred and seventy-two, or as soon thereafter as practicable,
nominate and return to the Common Council of said city, three
persons from each ward of said city, who shall be each reputable
freeholders of said city and qualified electors of said ward from
which they have been selected, and none of whom shall be
members of said Common Council. The said Common Council
at their next regular meeting, or as soon thereafter as practi-
cable, shall elect, one at a time, by ballot, from the persons so
nominated by the mayor, five persons (no two of whom shall
be selected from the same ward) who shall constitute the
"Board of Public Works" aforesaid. The first two persons
elected aforesaid shall hold office for the term of three years;
and the two persons next thereafter elected aforesaid shall hold
office for the term of two years; and the remaining person
elected aforesaid shall hold office for the term of one year. On
the second Monday of March-or as soon thereafter as practi-
cable of the year next ensuing and of each year thereafter, the
mayor of said city shall in like manner, nominate and return
to the said Common Council three persons from each ward of
said city (excepting any ward from which a member of said
board has been elected, whose term of office will not expire
during the year in which such nominations are made) of like
qualifications aforesaid, and qualified electors of the wards from
which they have been selected aforesaid, and none of whom
shall be members of the Common Council of said city; and the
said Common Council thereupon at the next meeting after such
nomination, or as soon thereafter as practicable, aforesaid, in
each year aforesaid, shall elect, one at a time, by ballot, from
the persons so nominated by the mayor, the requisite number
of persons as members of said board aforesaid, in the place
of the members whose term of office is about to expire, and to
fill any vacancy which shall then be existing (no two of which
said members shall be elected from the same ward). The term
of office of cach member of said board elected at the elections
subsequent to the first as aforesaid, shall be three years.
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ก
Board.
The term of office of each member of said board shall com-
mence on the third Monday of March of the year wherein he Term of office of
was elected, and he shall continue in office until his successor
is elected and qualified. Provided, that said board may appoint,
by and with the consent and confirmation of the Common
Council of said City, a suitable person, of like qualifications
aforesaid, to fill any vacancy occuring more than thirty days
before the next election aforesaid. Such person shall be a
qualified elector of the ward wherein the vacancy occured, and
shall hold office until the election next ensuing his appointment,
and until his successor is elected and qualified; and his suc-
cessor shall be elected by said Common Council in manner
aforesaid, for the unexpired term, and until his successor is
eletted and qualified. And provided further, that none of said
members of said board shall act in relation to any assessment
aforesaid upon any specific lot or parcel of land in which he has
any estate, title or interest; and that in such case of interest men.
aforesaid, the said board may, and upon objection in writing
of any property owner interested, shall appoint a suitable per-
son with like qualifications of members of said board aforesaid,
to act in place of any member interested aforesaid pro tempore.
Such person so appointed shall be a qualified elector of the
ward from which the member in whose place he has been so
appointed, was elected. And provided further, that the present
commissioners of assessments appointed under the act of which
this act is amendatory, shall constitute the said Board of
Public Works, and continue in office as members thereof until
their successors to be elected under this act, shall be elected
and qualified.
Each member of said board elected or appointed under this
act, and every person appointed to act as a member thereof,
pro tempore or otherwise, under this act, shall, before entering
on the discharge of his duties, take and subscribe an oath to
the effect that he will faithfully and impartially execute his
duties to the best of his abilities.
Not to be Alder-
Oath of office.
Each member of said board elected under this act, shall be
entitled to receive a compensation from said city for his ser- compensation of
vices of five hundred dollars per annum, and no more, payable Board.
quarterly; and any person appointed to act as a member of
said board pro tempore aforesaid, shall be entitled to compen-
sation from said city of two dollars per day for every day in
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Board to elect
President.
Shall appoint a
Clerk.
Clerk to keep
which he shall be so actually employed. Provided, that the
present commissioners of assessments shall be entitled to the
compensation fixed by the act of which this is amendatory.
The said board shall elect from their number a president, who
shall hold his office for the term of one year, and until his suc-
cessor is elected; and they shall have power to establish by-
laws for the regulation of said board, and its officers and
employees.
They shall appoint a clerk, and some competent and scien-
tific person as civil engineer to said board; said clerk and
engineer so appointed shall be removable at any time, at the
pleasure of said board.
Said clerk shall keep the records and papers of said board,
and shall keep a record of their proceedings, and perform such
records-compen- other duties as may be assigned to him by said board. He
shall receive a compensation for his services from said city, at
the rate of one thousand dollars for and during the time he is
in office.
sation.
The said engineer shall perform all the civil engineering
Engineer's duties. required by said board in the prosecution of all public works
committed to their charge, or required by said board in con-
nection with their official duty. The said engineer shall also
be ex officio city surveyor, from and after the expiration of the
term of office of the present city surveyor, on the second Tues-
day of April, eighteen hundred and seventy-four, and shall per-
form, in addition to his duties aforesaid, such other civil engi-
neering and surveying as may be directed by the Common
Council of said city, or be required to be done by the charter
and ordinances of said city. He shall receive such compensa-
tion for his services from said city as the said Board of Public
Works (with the concurrence of said Common Council) may
determine.
Engineer's com-
pensation fixed by
Board
Said clerk and engineer shall each, respectively, before
Oath of engineer entering upon the discharge of their duties, take and subscribe
and clerk.
Meetings, how
called.
an oath to the effect that he will faithfully execute his duties
to the best of his ability, and also excute to the City of Saint
Paul a bond with sureties in such sum, and upon such condi-
tion, as shall be approved by the said board.
Meetings of said board shall be called by the president or a
majority of said board; and said board may meet at such
ст
stated times, or in such manner, as may be established by their
by-laws.
The president shall preside at the meetings of said board,
and perform such other duties as may be required by the by-
laws of said board; and in his absence said board may appoint a
president pro tempore, with like powers and duties. In case any
member of said board, upon being notified of any meeting afore-
said, shall neglect or refuse to attend, he shall-except in case
of sickness or absence from the city-forfeit and pay a fine to Fines for non-
said city not exceeding fifty dollars in each case, and shall be attendance.
liable to be prosecuted therefor before the city justice of said
city, in the same manner, and with the same effect as prosecu-
tions of any violation, of the charter or any of the ordinances
of the City of St. Paul, may now be had before said city jus-
tice, under the provisions of said charter. A majority of said
board shall constitute a quorum for the transaction of business, Quorum.
and they shall cause to be kept a record of their proceedings,"
which shall at all times be open to public inspection. The said
board shall furnish the Common Council of said city, whenever
required, with any information needed in relation to their pro-
ceedings, and make monthly reports to said Common Council
in such manner as said Council may direct. That until said
board shall otherwise provide, the records of said board shall
be kept at the office of the city clerk
improvements first
SEC. 5. All applications or propositions for any improve-
ments mentioned in section two of the act, of which this act is
amendatory, as hereby amended, except sidewalks, shall be Propositions for
first referred to said Board of Public Works by the Common referred to Board.
Council of said city. Such reference shall be made by said
Common Council, whenever an apparent majority of owners of
property, to be assessed for any such improvement, shall peti-
tion the said Common Council therefor in writing; provided
that the said Common Council may at any time, in its discre-
tion without such petition by a vote of a majority of all the
members-elect of said Council, order a reference to said Board
of Public Works of any proposed improvement aforesaid (ex-
cept sidewalks.) Upon such reference said board shall then
proceed to investigate the same; and if they shall determine
that such improvement is necessary and proper, they shall
report the same to the said Common Council, accompanied with work.
an estimate of the expense thereof, and a proper ordinance or
Board to investi-
gate necessity of
6.
Council.
of Council.
order directing the work. If they do not approve of such
application they shall report the reasons for their disapproval,
and, in case of such disapproval, the said Common Council
shall not order the doing of such work, or the making of such
Two-third vote of public improvement, except by a vote of two-thirds of all the
members-elect of said Council; provided that in case such dis-
approval of said board is by an unanimous vote of all the
Three-fourth vote members-elect of said board, such work or improvement shall
only be ordered by said Council, by a vote of three-fourths of
all the members thereof elect. In case the said board shall
report in favor of said improvement, or some part thereof, or a
modification of said improvement, the Common Council may, in
their discretion (unless otherwise provided for in this act,)
order the doing of such work, or the making of said public im-
provement; and, in all cases, the Common Council, after having
obtained from said Board of Public Works an estimate of the
Council may modi- expense, may make such modifications of the proposed plan as
}
fy plans.
Board to report
profiles.
Taking land for
public use-
compensation.
may be petitioned for by any of the owners of the property to
be assessed, or as the Council may think proper; provided, that
such modification shall not materially change the character and
object of the improvement as reported by said board, or mate-
rially increase the expense thereof.
SEC. 6. In case such improvement referred to in the preced-
ing section shall relate to the opening, straightening, widening,
contracting, altering, extending, or grading of any street, lane,
alley, or highway or public grounds in said city, and said board
shall report in favor of the same, they shall furnish the said
Common Council as part of their said report, with a plan of
profile of the contemplated improvement, and shall also
specially report whether, in their opinion, real estate to be
assessed for said improvement can be found benefited to the
extent of the damages, costs, and expenses necessary to be
incurred thereby.
SEC. 7. Whenever any order is passed by the Common Coun-
cil by virtue hereof for the making of any public improvement
mentioned in section two of this act, save as herein otherwise
provided, which shall require the appropriation or condemna-
tion of any land or real estate, the said Board of Public Works
shall, as soon as practicable, proceed to ascertain and assess
the damages and recompense due the owners of such land
respectively, and at the same time to determine what real estate
·
will be benefited by such improvement and assess the damages,
together with the costs of the proceedings, on the real estate
by them deemed benefited, in proportion, as nearly as may be,
to the benefit resulting to each separate lot or parcel.
SEC. 8. The said Board of Public Works shall then give six
days' notice by publication in the official newspaper of the city, six days' notice.
of the time and place of their meeting, for the purpose of
making said assessment; in which notice they shall specify
what such assessment is to be for; and they shall describe the
land to be condemned as near as may be done by general
description, and all persons interested in any such improve-
ment shall have the right to be present and be heard, either in
person or by counsel, and the City Attorney as counsel for the
city of Saint Paul, shall be permitted to appear before them at
such hearing to represent the interests of said city. The said
board shall view the premises to be condemned, and receive
any legal evidence that may be offered for the purpose of prov-
ing the true value thereof or the damages that will be sustained, ister oaths in
or benefit conferred by reason of the contemplated improve- certain cases.
ment; and the said board for this purpose are hereby author-
ized to administer oaths to all witnesses produced before them,
and they may adjourn from time to time, and place to place,
until such assessment is completed.
Board may admin-
Board shall esti-
and damages.
SEC. 9. The said Board of Public Works in making said
assessments, shall determine and appraise to the owner or own- mate value of land
ers the value of the real estate appropriated for the improve-
ment, and the injury arising to them respectively, from the
condemnation thereof, which shall be awarded to such owners
respectively, as damages, after making due allowances there-
from for any benefit which such owners may respectively derive
from such improvement.
Damages and ben-
SEC. 10. If the damage to any persons be greater than the
benefit received, or if the benefit be greater than the damage, efits.
in either case the said Board of Public Works shall strike a
balance and carry the difference forward to another column, so
that the assessment may show what amount is to be received
or paid by such owners respectively, and the difference only,
shall in any case be collectable of them or paid to them.
SEC. 11. In the assessments of damages and benefits for the
opening of any street or alley, it shall be lawful for the said
Board of Public Works in their discretion, in making such
8
benefits assessed.
How damages and assessment, where part of the land to be laid out into such
street or alley, has been theretofore donated by any person or
persons for such street or alley, to appraise the value of the
land so donated, and to apply the value thereof as far as the
amount so appraised shall go as an offset to the benefits
assessed against the person or persons making such donation,
or those claiming under them; but nothing herein contained,
shall authorize any person or persons by whom such donation
is made, to claim from the city the amount of such appraisal,
except as an offset as herein provided. And where the assess-
ment is one for the widening of any street which may have been
theretofore, either in whole or any part donated to the public by
the proprietors of the adjoining land, it shall also be lawful for
said Board of Public Works in their discretion, to make such
allowance therefor, in their assessment of benefits, as shall in
their opinion be equitable and just.
Damages to land
and building
Notice to non-
residents.
Owner may elect
to take building at
appraisement.
SEC. 12. If there should be any building standing in whole,
or in part, upon the land to be taken, the said Board of Public
Works shall add to their estimate of damages for the land, the
damages also for the building or part of building necessary to
be taken, if it be the property of the owner of the land. When
owned by any other person, the damages for the building shall
be assessed separately. The value of such building to the
owner to remove, or of the part thereof necessary to be taken,
shall also be determined by the said Boord of Public Works,
and notice of such determination shall be given by them to the
owner when known, if a resident of the city, or left at his
usual place of business or abode. If the owner is not known,
or is a non-resident, notice to all persons interested shall be
given by publication for twenty days in the official paper of the
city. Such owner may at any time, within twenty days after
service, or the first publication of such notice, notify to such
Board of Public Works, in writing, his election to take such
building or part of building at their appraisal; and, in such
case, the amount of such appraisal shall be deducted by the
said Board of Public Works from the estimated damages for
the land and building, where they belong to the same owner,
and from the estimated damages for the building where they
belong to different owners; and the owner shall have such time
for the removal of the building, after the confirmation of the
assessment, as the Board of Public Works may allow. If the
9
owner shall refuse to take the building at the appraisal, or fail
to give notice of his election as aforesaid, within the time pre-
scribed, then no deduction shall be made from the estimated
damages aforesaid, and the said Board of Public Works shall,
after the confirmation of the assessment, and after the money
is collected or otherwise provided and ready in the hands of the
Treasurer, to be paid over to the owner for his damages, pro-
ceed to sell such building or part of building at public auction, Treasurer to pay
for cash, giving at least ten days' public notice of the sale by
publication in the official paper of the city, and cause such
building to be then forthwith removed. The proceeds of such
sale shall be paid into the City Treasury, to the credit of the
special assessment fund raised for the said improvement.
damages.
persons.
SEC. 13. If the lands and buildings belong to different per- when lands be-
sons, or if the land be subject to lease, the injury done to such long to different
persons, respectively, may be awarded to them by the Board
of Public Works-less the benefits resulting to them, respec-
tively, from the improvement.
estate assessed.
SEC. 14. Having ascertained the damages and expenses of
such improvement, as aforesaid, the said Board of Public To describe real
Works shall thereupon apportion and assess the same, together
with costs of the proceedings, upon the real estate by them
deemed benefited, in proportion to the benefits resulting
thereto from the improvement, as nearly as may be, and shall
briefly describe the real estate upon which their assessments
may be made; and it shall constitute no legal objection to said
assessment, that the amount thereof either exceeds or falls
short of the original estimate of the cost of the improvement
submitted to the Common Council by the Board of Public
Works.
SEC. 15. When completed, the said Board of Public Works
shall cause the assessment aforesaid of damages and benefits Damages to be
to be entered in a book to be kept for that purpose by the clerk entered in books
of said board. After the same is so entered, notice shall be
given by said board by at least ten days' publication in the
official paper of said city, that such assessment has been com-
pleted and entered as aforesaid, and that at a time and place
therein specified the said Board shall meet for the purpose of
hearing objections, and that unless sufficient cause is shown to
the contrary, the same will be confirmed. All objections to objections to be
said assessment shall be in writing, and filed with the clerk of in writing.
1
2
10
1
given.
1
!
Board may revise
assessment.
said board at least one day prior to the said meeting of said
board last mentioned; Provided, that the said board may in
its discretion allow any party interested who has accidentally
or inadvertantly omitted to file his objections aforesaid, to do
so at the time of meeting of said board aforesaid. Should no
quorum be present at the said appointed meeting of said board,
the said meeting may be adjourned by the members of said
board present to such other convenient time and place as they
may deem expedient; Provided, that nothing herein contained
shall preclude the said board from causing a new notice afore-
New notice may be said, to be given of a meeting of the said board for the purpose
of hearing objections to said assessment, and for the confirma-
tion thereof in manner as before required, in case the previous
notice shall be found imperfect, or in case of a defect in the
attendance of the members of said board, or for any other
reason which shall be satisfactory to said board for so doing.
The said board shall have the power to adjourn such hearing
from time to time, and shall have power in their discretion to
revise and correct the said assessment, and to confirm or set
aside the said assessment and proceed to make an assessment
de novo. Said assessment when confirmed shall be final and
conclusive upon all parties interested therein, except as herein-
after provided. When said assessment is confirmed, a copy
thereof attested by the clerk or president of said board, shall
be filed in the office of the city clerk of said city, and when no
appeal is taken thereto as herein provided, a warrant shall
issue to the treasurer of said city for the collection of the same
from the property upon which the same has been assessed,
signed by the mayor, city clerk, and the city comptroller. If
said assessment shall be set aside by the said board as afore-
said, or by the court, the said Board of Public Works shall
proceed de novo to make another or new assessment, and they
shall proceed in like manner and give the like notice as herein
required in relation to the first, and all parties in interest shall
have the like rights; and the said board shall perform like
duties, and have like powers in relation to any subsequent
determination as are hereby given in relation to the first.
soon as practicable after the said copy of said assessment has
been filed in the office of the city clerk aforesaid, the city clerk
shall cause a brief notice of the fact of such filing to be pub-
lished in the official paper of said city at least three successive
days upon which said paper is published.
Assessment, when
confirmed.
S
May set aside
assessment.
As
5
11
tried.
SEC. 16. Any person whose property has been appropriated
and who has filed objections to said assessment as hereinbefore Appeal, how
provided, shall have the right, at any time within twenty days
after the first day of publication of said notice provided for in
the next preceding section, to appeal to the District Court of
the County of Ramsey or to the Court of Common Pleas of the
County of Ramsey of this State, at the next general term of
such court then ensuing from the order confirming said assess-
ment. Said appeal shall be made by filing a written notice
with the City Clerk specifying in such the name of the court in
which the appeal is taken and a description of the property of
said appellant so appropriated, and the objections of said
appellant to such assessment, and by filing with the Clerk of
Court, last aforesaid, a bond to the City of St. Paul, conditioned
to pay all costs which may be awarded against the appellant,
in such sum and with such surety as shall be approved by the
Judge of said Court last mentioned, or in case of his absence
or inability to act by the judge of any court of record of this
State, together with a copy of said notice with the date of filing
thereon certified by the city clerk.
In case of appeal,
In case of appeal a copy of the assessment roll as confirmed
aforesaid, and of the objections as aforesaid made to the con- roll to be certified.
firmation thereof certified by the clerk of said board, at the
expense of the appellant, shall be filed in the office of the clerk
of the court to which such appeal shall be taken, and the cause
shall be docketed by such clerk in the name of the person tak-
ing such appeal, against the City of Saint Paul as an "appeal
from assessments."
Appeal, how tried
The said cause shall be then at issue and shall have the
preference in order of trial over all civil causes pending in said and when.
court. Such appeal shall be tried in said court as in the case
of other civil causes except that no pleading shall be necessary,
and on such trial the only questions to be passed upon shall be
whether the said board of public works had jurisdiction in the
case and whether the valuation of the property specified in the
objections is a fair valuation, and the assessment so far as it
affects said property is a fair and impartial assessment. The
judgment of the court shall be either to confirm or annul the
assessment in so far as the same affects the property appropri-
ated aforesaid of the said appellant, from which judgment no
appeal or writ of error shall lie.
}
1
12
No appeal when
assessment
confirmed.
Doubt as to who
receives damages.
be paid.
SEC. 17. When such assessment shall have been confirmed,
and no appeal have been taken therefrom, or if an appeal
shall have been taken when judgment to confirm the assessment
shall have been rendered thereon, the same shall be a lawful
and sufficient condemnation of the land or property ordered to
be appropriated. The Common Council shall thereupon cause
to be paid to the owner of such property or to his agent, the
amount of damages over and above all benefits which may
have been awarded therefor, as soon as a sufficient amount of
the assessment shall have been collected for that purpose, but
the claimant shall in all cases furnish an abstract of title, show-
ing himself entitled to such damages, before the same shall be
paid. If in any case there shall be any doubt as to who is
entitled to the damages for land taken, the city may require of
the claimant a bond with good and sufficient sureties, to hold
said city harmless from all loss, costs and expenses, in case
any other person should claim such damages. In all cases the
title to land taken and condemned in the manner aforesaid
shall be vested absolutely in the City of St. Paul, in fee simple.
SEC. 18. As soon as the money is collected and ready, in
the hands of the treasurer, to be paid over to parties entitled
When damages to to damages for property condemned, ten days' notice thereof
shall be given by the city treasurer in the official paper of the
city; and the city may then, and not before, enter upon, take
possession of, and appropriate the property condemned; and
whenever the damages awarded to the owner of any property
condemned by said city for public use shall have been paid to
such owner, or his agent, or when sufficient money for that
purpose shall be in the hands of the city treasurer, ready to
be paid over to such owner, and ten days' notice thereof shall
have been given in the official paper of the city, the city may
enter upon and appropriate such property to the use for which
the same was condemned.
Contracts and
SEC. 19. When the whole of any lot or parcel of land or
other premises under lease or other contract, shall be taken for
leases cease, when. any of the purposes aforesaid by virtue of this act, all the cov-
enants, contracts and engagements between landlords and ten-
ants, or any other contracting parties, touching the same or
any part thereof, shall, upon publication of the notice required
in the preceding section, respectively cease and be absolutely
discharged.
13
Contracts and
cease.
SEC. 20. Where part only of any lot or parcel of land or
other premises so under lease, or other contract shall be taken leases when to
for any of the purposes aforesaid by virtue of this act, all the
covenants, contracts and agreements and engagements respect-
ing the same, upon publication of the aforesaid notice shall be
absolutely discharged, as to the part thereof so taken, but shall
remain valid as to the residue thereof, and the rents, consider-
ations and payments reserved, payable and to be paid for in
respect to the same, shall be so proportioned as that the part
thereof justly and equitably payable for such residue thereof,
and no more shall be paid and recoverable for the same.
Proceedings to be
decmed public
records.
SEC. 21. Any proceedings taken by the said Board of Public
Works, in carrying out the provisions of this act, shall be
recorded in a book, or books kept for that purpose by the clerk
of said board, describing particularly the respective improve- recorded and
ments, and the real estate taken and assessed. The said books
in which said proceedings have been entered aforesaid, and the
official files and papers of said Board of Public Works, shall
be deemed public records and be prima facie evidence of the
facts therein stated; and certified copies thereof by the clerk,
or officer having proper custody thereof, with the corporate seal
of said city attached, shall be evidence in all courts to the same
effect as if the originals were produced. The clerk of said
board shall be entitled to receive from any private party, for
any certified copy or transcript aforesaid furnished such private
party, the like fees as are received for such services by the
clerk of any court of record in this State.
Inid.
1
SEC. 22. Sidewalks shall be laid, relaid and repaired by order
the Common Council of the City of St. Paul, without a previous
reference to the Board of Public Works, in the manner follow- Sidewalks, how
ing: The said Common Council may order any improvement
aforesaid mentioned in this section to be made by resolution,
either upon the petition in writing of an apparent majority of
the owners of property to be assessed therefor, or by a vote of
a majority of all the members elect of said Council without
such petition. When any improvement aforesaid mentioned in
this section shall be ordered by the said Common Council as Mode of pro-
aforesaid, the City Clerk shall, without delay, transmit a copy
of the resolution of said Common Council ordering the same
to the Board of Public Works. And the said Board of Public
Works shall thereon cause notice to be given to the owners of
cedure.
14
to owners to lay
sidewalks.
Mode of pro-
cedure.
property to be assessed therefor to make such improvement
Board to give notice at their own expense. Such notice may be given by personal
service upon the owner or occupant, or by leaving the same at
his usual place of business or abode, or by publication thereof
at least four times in the official paper of said city; and it
shall not be required to specify in said notice the name of the
owner or owners. If such work be not done in the man-
ner prescribed, and to the satisfaction of said board, within
thirty days after service of said notice in person, or at the
usual place of business or abode, or within thirty days after the
first day upon which said notice has been published, the said
Board of Public Works shall cause the work to be let and done
as in the case of other public work hereafter provided; and
when said work is completed, said board shall assess the ex-
pense thereof with all cost of notices and the proceedings, upon
the real estate, or lots of land, in front of or adjacent to said
improvement. In making said assessment, the said expense and
cost shall be apportioned in accordance with the number of
lineal feet of said real estate, or lots of land, fronting on, or
adjacent to said improvement; and said assessment shall be
enforced and collected as other assessments under the provis-
ions of this act.
Sidewalk assess-
ments per front
foot, and how
collected.
SEC. 23. Whenever any order shall be finally passed by the
Common Council of said city as heretofore provided, for filling,
grading, leveling, paving, curbing, walling, bridging, graveling,
macadamizing or planking any street, lane, alley or highway,
or for keeping the same in repair; or for filling, grading, pro-
tecting, improving or ornamenting any public square; or for
constructing area walls, gutters, sewers, and private drains,
the city clerk shall transmit a copy. of such order of said coun-
cil to said Board of Public Works. The said Board of Public
Works shall cause the said work to be let and done as hereafter
make assessments. provided; and after the whole of said work shall have been
placed under contract as hereafter provided, the said board
shall thereupon proceed, without delay, to assess the amount
as nearly as they can ascertain the same, which will be required
to defray the cost of such improvement, including the necessary
expenses of making such assessment, in proportion as nearly
as may be, to the benefit resulting thereto, in manner hereinafter
provided: Provided, That the repairing of any street, alley,
highway, public ground, bridges, or sewers, the cost of which
After contract to
15.
expended by Strect
Inspectors.
repairs is estimated not to exceed the sum of two hundred $200 may be
dollars, may be done under the direction of said board by the
street inspectors, to be appointed as hereinafter provided, and
in such case shall be paid out of the street improvement fund
of the proper ward; and, Provided further, that nothing here-
in contained shall prevent the said Common Council of said
city from ordering the construction of one or more main sewers
or culverts in accordance with any general system of sewerage
which said council may adopt, and from dividing under such
general system of sewerage, the said city into two or more
sewerage districts, and from ordering the cost of such main
sewers or culverts to be paid by the city at large, or from a
district sewerage fund in each of such sewerage districts as
the Common Council may prescribe.
Council may make
sewerage districts.
nies may be as-
SEC. 24. When, in any case, any portions of the costs and
expense of making any improvement mentioned in the fore-
going section shall, by virtue of any valid law or ordinance, or Railroad Compa-
by virtue of any valid contract, be chargeable upon any railway sessed.
company, the amount so chargeable may be assessed upon such
railway company, and the balance only upon the real estate
benefited thereby, and the city may collect the amount so as-
sessed upon said railway company, by distress and sale of per-
sonal property, as in other cases, or by suit brought for that
purpose; provided, that any real estate belonging to such rail-
way company, and deemed benefited by the said improvement,
shall be assessed as in other cases.
Six days' notice of
SEC. 25. Before proceeding to make an assessment for any
improvement mentioned in section twenty-three, said Board of
Public Works shall give six days' notice by publication in the time of making
official paper of said city of the time and place of their meet- assessments.
ing for the purpose of making said assessment, in which notice
they shall specify what such assessment is to be for, and the
amount to be assessed. All persons interested in any such
assessment, shall have the right to be present and be heard
either in person or by counsel; and the said board may, in their
discretion, receive any legal evidence, and may adjourn, if
necessary, from time to time, and place to place.
Six days' notice to
SEC. 26. When the said Board of Public Works shall have
completed their assessment provided for in sections twenty-two, hear objections.
twenty-three, twenty-four, twenty-five, they shall cause like
notice to be given of the time and place when said board shall
16
Board to confirm
assessments, &c.
Ten days' notice for
proposals to do
work.
Bids, bonds,
sureties.
meet to hear objections, and for the confirmation of such
assessment, as hereinbefore required, in relation to assessments
for the condemnation of real estate; and objections shall be
made in like manner, and under the same regulations and con-
ditions, and all parties in interest, shall have the like rights
(except the right of appeal,) and the said Board of Public
Works shall perform like duties, and have like power in rela-
tion to such assessments as are herein given in relation to such
assessments for the condemnation of real estate. When con-
firmed by the said Board of Public Works, said assessment
shall be final and conclusive upon all parties interested therein,
and shall be collected as in other cases, and no appeal shall lie
in any case from the order of confirmation. If any assessment
be annulled or set aside, the said Board of Public Works shall
proceed de novo to make another or new assessment in like
manner, and give like notice as herein required in relation to
the first; a copy of said assessment as confirmed aforesaid shall
be filed with the city clerk of said city.
SEC. 27. Whenever any public improvement shall be ordered
for which an assessment is to be made, as aforesaid, the said
Board of Public Works shall cause proposals for doing said
work to be advertised in the official paper of said city, a plan
and profile of the work to be done, accompanied with specifi-
cations for the doing of the same, being first deposited with
the clerk of said board, to be kept by him at all times open for
public inspection; which advertisement shall be continued for
at least ten days in said official paper, and shall state substan-
tially the work to be done. The bids for the doing of such
work shall be sealed, bids directed to the Board of Public
Works of the city of Saint Paul, and shall be sealed in such a
manner that they cannot be opened without detection, and
shall be accompanied by a bond to the city of Saint Paul, in
the sum not less than twenty per cent. of the cost of the work
according to the price bid as nearly as can be ascertained,
executed by the bidder, and two responsible sureties; condi-
tioned that he shall execute the work for the price mentioned
in his bid, and according to the plans and specifications, in
case the contract shall be awarded to him. And in case of de-
fault on his part to execute the contract and perform the work,
said bond may be sued and judgment recovered thereon by the
said city, for the full amount thereof, in any court having juris-
17
·
diction of the amount. Said bids shall be opened by said
board at their next meeting after the time limited for such
proposals, or such other time thereafter as said board may
appoint.
biddor.
SEC. 28. All contracts shall be awarded to the lowest reliable contract to lowest
and responsible bidder or bidders, who shall have complied
with the above requisition, and who will sufficiently guarantee
to the satisfaction of the said board the performance of said
work to the satisfaction of the said board. Such contract
shall be made on the part of said board in the name of the
city of Saint Paul, and shall be executed on the part of said
city by the president of said board, or such of their numbers
as said board may designate, and the corporate seal of said
city shall be thereto attached, and the said contract shall be
countersigned by the city comptroller. A copy of said con-
tract shall be filed in the office of the city comptroller, or
registered in a book kept by said comptroller for that purpose.
When
Contracts paid out
SEC. 29. The said Board of Public Works shall reserve the
right in their said contracts in case of improper construction, Reservation in
to suspend said work at any time and relet the same, or to contracts.
order the entire reconstruction of said work if improperly done.
In cases where the contractor or contractors shall proceed to
properly perform and complete the said contracts the said
Board of Public Works may from time to time, as the work pro-
gresses grant to said contractor or contractors, an estimate of
the amount already earned, reserving fifteen per cent. therefrom
which shall entitle said contractor or contractors to receive the of assessments.
amount which may be due thereon when the money applicable
to the payment of such works shall have been collected.
the whole work has been completed by such contractor or con-
tractors to the satisfaction of the Board of Public Works, the
amount or balance due him shall be audited and allowed by the
Common Council of said city, and shall be payable out of the
collections derived from such special assessment for the said
work with interest at the rate of twelve per cent. per annum
from the time of such allowance until a sufficient amount of
collections aforesaid are received by the city treasurer to pay
the same; and provided, that in case of any deficiency in such
collections aforesaid from such assessment aforesaid, to pay
such contractor at the expiration of three years from the time
of the allowance of said claim, that then such deficiency shall
3
18
be paid to such contractor or contractors by said City of Saint
Paul, and charged to the improvement fund of the proper ward.
No contract shall be entered into for any improvement to be
paid for by assessments aforesaid, unless the contractor will
agree to receive his pay therefor in manner provided in this
section. And in all contracts for improvements aforesaid to
be paid for by assessments aforesaid, the provisions of this
section in relation to the manner of payment to said contractor
shall be deemed part of such contracts.
SEC. 30. Two or more of the notices required or authorized
How notices given. by this act to be given by the Board of Public Works, or the
City Clerk, by publication in the official paper of the city, in
any special assessment proceedings, may be comprised in one
advertisement; Provided, Such notices are of the same general
character, or for like objects, and, Provided, That in other res-
pects, the notice so published shall sufficiently comply with the
essential statutory requirements. And the provisions of this sec-
tion shall extend to and embrace all notices required to be
given in the official paper of the city, by the City Treasurer,
of the delivery to him of all tax and special assessments,
warrants for collection, and of his intended application to
some court of general jurisdiction for judgment thereon pro-
vided by this act.
confirmed―
SEC. 31. When any special assessment shall have been con-
When assessments firmed aforesaid, for improvements aforesaid or for benefits
warrants to issue. aforesaid, it shall be the duty of the city clerk to issue a war-
rant for the collection thereof, which shall be under the corpo-
rate seal and signed by the mayor, comptroller and city clerk,
and shall contain a (printed or written) copy of the assessment
rell as confirmed aforesaid, or so much thereof as describes the
real estate, and the amount of the assessment in each case. In
case of an appeal, as provided for by section sixteen, said
appeal shall not delay or affect the collection of the assessment
under such warrant except as to the property of such appellant
appropriated aforesaid. And in case such appeal shall be sus-
tained and the assessment in relation to said property appro-
priated of said appellant shall be set aside by the court, the
Board of Public Works shall make a new assessment as to the
property of such appellant last mentioned, proceeding, de novo,
as to the same in accordance with the provisions relating to
improvements referred to in section seven; and in case the
When assessment
is set aside by
court, how to
proceed.
19
amount of damages or recompense which said Board of Public
Works may award such appellant upon such new assessment
shall exceed the first, the difference shall be paid by said City
of Saint Paul, and charged to the street improvement fund of
the proper ward.
warrants go to
Treasurer.
SEC. 32. All warrants issued for the collection of special collection
assessments shall be delivered by the comptroller to the city
treasurer, taking his receipt therefor in the manner prescribed
in the case of warrants for the collection of the annual taxes.
SEC. 33. Upon the receipt of any warrant for the collection
of any special assessment, the city treasurer shall forthwith
give notice by ten days' publication in the official newspaper Treasurer how to
of the city, that such warrant is in his hands for collection,
briefly describing its nature, and requesting all persons inter-
ested to make immediate payments at his office, and that in
default thereof the same will be collected at the cost and
expense of the persons liable for the payment of such assess-
ments.
proceed.
SEC. 34. All assessments levied by the Common Council Lien of assess-
under this act, shall be a lien upon the real estate on which ments.
the same may be imposed, and said lien shall continue until
said assessments are paid.
Payment in 60
per month, interest
collected.
SEC. 35. If the assessments charged in any special assessment
warrant, whether made by reason of the appropriation or con- days, or 2 per cent.
demnation of land, or for improvements or otherwise, howso-
ever, under this act, shall not be paid within sixty days after the
first day of publication of notice by the city treasurer that he
has received such warrant for collection; the assessment
then remaining unpaid shall be collected with interest at the
rate of two per cent. thereon for each and every month
thereafter until the same shall be paid.
obtained against
SEC. 36. It shall be the duty of the city treasurer between
the fifteenth day of January and the last day of February in Judgment how
each year, to make report to the District Court in and for the delinquents.
county of Ramsey, or the Court of Common Pleas of the county
of Ramsey, of this State, at any general or special term thereof,
of all assessment warrants issued upon assessments under this
act aforesaid, which were delivered to him on or before the last
day of the preceding October, asking for judgment against the
several lots and parcels of lands described in such list of war-
rants for the amount of assessments, interest and costs
20
judgment.
respectively due thereon; Provided, that the said city treasurer
may, at any time in his discretion, after the expiration of the
said period of sixty days specified in the preceding section,
make like report and application for judgment to either of said
courts, at a special or general term thereof, in relation to any
assessment aforesaid, whether heretofore or hereafter made,which
shall remain unpaid for over the said period of sixty days afore-
Six days' notice for said. The city treasurer shall give notice by six days' publica-
tionthere of in the official paper of said city of his intended appli
cation for judgment, which shall briefly specify the respective
warrants upon which such application is to be made, and a
description of the property against which judgment is desired,
and request all persons interested to attend at said term. The
advertisement so published shall be deemed and taken to be
sufficient and legal notice of the aforesaid intended application
by the city treasurer to such court for judgment, and shall be
held a sufficient demand and refusal to pay the said assessments.
The moneys so collected shall be set apart and kept inviolate
Improvement fund for the purposes for which they are so collected, as part of the
improvement fund of the proper ward or wards respectively,
and any surplus remaining, after all payments to be made
thereon, shall be credited to the general street improvement
fund of such ward or wards respectively, and any deficit which
may occur by reason of reassessments, reletting work, or by
inadequate assessments, shall be charged to the general street
improvement fund of the proper ward or wards respectively.
Credit to Street
of each ward.
I
tion how made.
SEC. 37. The city treasurer shall obtain a copy of the adver-
Proof of publica- tisement or advertisements referred to in the preceding section,
together with a certificate of the due publication thereof, from
the printer or publisher of the newspaper in which the same
was published, and shall file the same with the Clerk of such
court, at the said term with said reports.
Clerk of Court to
docket suits.
SEC. 38. The clerk of said court, upon the filing of such
reports by the city treasurer, shall receive and preserve the
same, and shall record thereon all judgments, orders, and other
proceedings of said court in relation thereto. Each of said
reports shall constitute a separate suit, and shall be docketed
by the clerks in the following form as nearly as may be, to wit:
City of St. Paul vs.
others
warrants for
and
suit for assessment on
or in such other
21
\
manner as will sufficiently indicate the nature of the improve-
ment for which the assessment is due.
proceed.
F
SEC. 39. It shall be the duty of the court upon the filing of
said reports, to proceed immediately to the hearing of the court-how to
same, and they shall have priority over all other causes pending
in said court; the said court shall pronounce judgment against
the several lots and parcels of land described in said reports
for which no objection shall be filed for the amount of the
assessment, damages and costs due severally thereon. The
owner of any property described in said reports, or any person
beneficially interested therein, may appear at said court at the Party may file
time designated in the city treasurer's notice, and file objec- objections.
tions in writing to the recovery of judgment against such
property; but no objection shall be sustained founded on any
mere formal irregularity or defect. The court shall hear and
determine all objections in a summary way without pleadings, what to be consid-
and shall dispose of the same with as little delay as possible, ered by the Court.
consistently with the demands of public justice, but should
justice require that for any cause the suit as to one or more
owners should be delayed for more than twenty days, judgment
shall then be rendered as to the other property and lands, and
process shall issue for the sale thereof the same as in all other
cases.
Order to sell
Sec. 40. In all cases where judgment shall be rendered by
default against the property described in said reports, the court property.
shall thereupon direct said clerk to make out and enter and
order for the sale of the same, which said order shall be sub-
stantially in the following form:
Judgment, how
"Whereas, due notice has been given of the intended appli-
cation for a judgment against said lands, and no owner hath
appeared to make defense or show cause why judgment should
not be entered against the said lands and other property for ments.
the assessment, damages and costs due and unpaid thereon:
Therefore, it is considered by the court, that judgment be and
is hereby entered against the aforesaid lots and parcels of land
in favor of the City of St. Paul, for the sum annexed to each
lot or parcel of land, being the amount of assessment, damages
and costs due severally thereon; and it is ordered by the court,
that the several lots and parcels of land, or so much thereof,
as shall be sufficient of each of them to satisfy the amount of
22
Clerk's fees, &c.
Clerk of the Court
sell land.
the assessment, damages and costs annexed to them severally,
be sold as the law directs."
In all cases where a defense shall be interposed and judg-
ment shall be rendered against the property, a similar order
adapted to the circumstances of the case, shall be made and
entered of record. Ten cents cost shall be laid to each lot
against which judgment is rendered; five cents to be for clerk's
fees, and five cents for advertising the notice of sale.
SEC. 41. It shall be the duty of the clerk of such court,
within twenty days after such order is granted as aforesaid, to
to issue process to make out, under the seal of said court, a copy of so much of
said city treasurer's report in such case as gives a description
of the land against which judgment shall have been rendered,
and the amount of such judgment, together with the order of
the court thereon; which shall constitute the process on which
all lands, lots, sub-lots, pieces and parcels of land, shall be
sold for the amount of any assessments, damages and costs so
levied, assessed or charged upon them; and the said city
treasurer is hereby expressly authorized and empowered to
make sale of such lands, lots, pieces or parcels of land or other
Ten days' notice. property, upon ten days' notice, to be published at least three
times in the official newspaper of said city.
Advertisement to
contain list of
delinquent lots.
Figures may be
used to denote
lands, &c.
SEC. 42. The said advertisement, so to be published in each
case of a judgment upon any special or general collection
warrant and report as aforesaid, shall contain a list of the delin-
quent lots and parcels of land to be sold, the names of the owners
if known, the amount of the judgments rendered thereon,
respectively, and the warrant upon which the same was ren-
dered, the court which pronounced the judgment, and a notice
that the same will be exposed to public sale at a time and
place to be named in said advertisement by said city treasurer.
The omission of the name of any owner, or any mistake respect-
ing the same, shall not invalidate the sale if the property be
otherwise described with sufficient certainty. The proceedings
may be stopped at any time upon the payment of said judg-
ment to the city treasurer.
SEC. 43. In all proceedings and advertisements for the col-
lection of such assessments, and the sale of lands therefor,
letters and figures may be used to denote lots, sub-lots, lands
and blocks, sections, townships, ranges and parts thereof, the
year and the amounts.
:
23
SEC. 44. Certificates of sale shall be made and subscribed Certificate of sale
given by City
by the city treasurer, which shall be delivered to the purchaser, Treasuror.
which certificates shall contain the name of the purchaser, a
description of the premises sold, the amount of the assessment
with the amount of the judgment for which the same was sold,
and the time when the right to redeem will expire. The city
treasurer shall continue such sale from day to day, until all
the lots or parcels of land contained in his precept, on which
judgment remains unpaid, shall be sold or offered for sale.
累
​until payment
SEC. 45. The person purchasing any lot or parcel of land,
shall forthwith pay to the city treasurer the amount of the No sale closed
judgment due thereon, and on failure so to do, the said property made.
shall be again offered for sale in the same manner as if no such
sale had been made; and in no case shall the sale be closed
until payment shall have been made. If no bid shall be made
for any lot or parcel of land, the same shall be struck off to
the city; and thereupon the city shall receive, in the corpor-
ate name, a certificate of the sale thereof, and shall be vested
with the same rights as other purchasers at such sales,
Treasurer to return
SEC. 46. The city treasurer shall make return of his precept
to the court from which the same was issued. A record of all
sales made by the city treasurer, shall be kept in the office of his process to
the comptroller, which shall be open to public inspection at all Clerk.
reasonable times; and said record, or copies thereof, certified
by said comptroller, shall be deemed sufficient evidence to Controller to keep
prove the sale of any land or other property for assessments,
or any other fact authorized to be recorded therein.
record.
Right of redemp-
SEC. 47. The right of redemption in all cases of sales for
assessments shall exist to the owner, his heirs, creditors, or
assigns, to the same extent as is allowed by law in the case of tion.
sales of real estate for taxes on the payment in lawful money
of the United States of the amount, for which the same was
sold with interest from the time of such sale at the rate of
twenty-four per cent. per annum, and any other assessments
which may be made under virtue of this act, or the charter of
the city of Saint Paul, subsequent to the sale with the interest
accruing thereon at the rate, and payable in accordance with
the provisions of section thirty-five. If the real estate of any
infant or lunatic be sold under this act, the same may be
redeemed at any time within one year after such disability
shall be removed. Redemption shall be made by the payment
24 per cent. in-
terest.
Infants' land,
when may be
redeemed.
24
and
of the amount of redemption money to the city treasurer,
taking his vouchers therefor, and filing the same in the office
Mode of redemp- of said comptroller, who shall thereupon note the fact of said
tion.
Certificate may be
assigned.
Controller to note
redemption upon his record of sales, and said comptroller shall
thereupon give to said redemptioner a certificate to that effect;
and the person holding a certificate of sale may surrender the
same to the comptroller to be cancelled, and the fact shall, in
like manner, be noted upon said record, and the said comp-
troller shall give such person surrendering such certificate, if
desired, a certificate to that effect. Upon the return of the
certificate of sale, or proof of its loss, and the filing with the
comptroller of an affidavit to that effect, if the property shall
not have been redeemed according to law, a deed shall be exe-
cuted to the purchaser or his assigns, under the corporate seal
of said city, signed by the mayor, comptroller, clerk of said
city, conveying to such purchaser or assignee the premises so
sold and unredeemed as aforesaid. A memorandum of all
deeds so made and delivered shall be entered by the comptroller
in the book wherein such sales are recorded, and a fee of one
dollar may be charged by the comptroller for every deed so
issued; provided, that nothing in this act contained shall be
construed to the effect, or prejudice the lien of the State for
all taxes which have been, or may be levied upon such prop-
erty under the General Laws of this State. In such cases of
redemption, the city treasurer shall notify the person holding
the certificate of sale, that the amount of such certificate with
the interest thereon so paid, is in the city treasury subject to
his disposal.
SEC. 48. Such certificate of purchase shall be assignable by
endorsement, and an assignment thereof shall vest in the as-
signee, or his legal representatives, all the right and title of
the original purchaser.
SEC. 49. Whenever it shall appear, to the satisfaction of the
comptroller, before the execution of a deed for any property
any error in sale, sold for assessments, that such property was not subject to as-
&C.
Deed prima facie
evidence.
sessment, or that the assessment had been paid previous to the
sale, he shall make an entry opposite to such property on his
record of sales, that the same was sold in error, and such
entry shall be evidence of the fact therein stated.
SEC. 50. All deeds made to purchasers of lots and lands sold
for assessments shall be prima facie evidence in all controver-
25
sies and suits in relation to the right of the purchaser, his or
her heirs or assigns, to the premises thereby conveyed, of the
following parts:
First-That the land or lot conveyed was subject to assess-
ment at the time the same was advertised for sale, and had
been listed and assessed in the time and manner required by
law.
Second-That the assessments were not paid at any time
before the sale.
Third-That the land or lot conveyed had not been redeemed
from the sale at the date of the deed.
And shall be conclusive evidence of the following facts:
First-That the land or lot was advertised for sale in the
manner, and for the length of time required by law.
Second-That the land or lot was sold for assessments, as
stated in the deed.
Third-That the grantee in the deed was the purchaser.
Fourth-That the sale was conducted in the manner required
by law..
,
What proof must
title.
And in all controversies and suits, involving the title to the
lot or land claimed, and held under and by virtue of such deed.
the person or persons claiming title, adverse to the title con-
veyed by such deed, shall be required to prove, in order to de-
feat the said title, either that the land or lot was not subject to be given to defeat
the assessment at the date of sale; that assessments had been
paid, that the land or lot had never been listed and assessed
for assessment, or that the same had been redeemed according
to the provisions of this act; and that such redemption was
made for the use and benefit of the persons having the right of
redemption under the laws of this State; but no person shall
be permitted to question the title acquired by said deed, with-
out first showing that he, she or they, or the person under whom
he, she or they claim title, had title to the land or lot at the
time of the sale, or that the title was obtained from the United
States, or this State, after the sale, and that all taxes due upon
the lot or land have been paid by such person, or the person
under whom he claims title as aforesaid.
Change in Treas-
delay proceedings.
SEC. 51. Any change made in the incumbent of the office of
city treasurer during the pendency of any such proceedings, urer's office not to
shall not operate to affect or delay the same, but the successor
or successors in office of such city treasurer shall be authorized
4
26
Sales at city hall.
to do all acts necessary to complete such proceedings the same
as if his predecessor had continued in office. In case of a
vacancy occurring in any such office, the proceedings shall be
prosecuted by the comptroller until such vacancy is filled by
election or otherwise.
SEC. 52. All sales of property for the non-payment of said
assessments, whether heretofore or herafter made, shall be
made at the front door of the city hall of said city of Saint
Paul, commencing on the same day fixed by the General Laws
of this State for the sale of taxes, at and after the hour of ten
o'clock in the forenoon in each year, and may be adjourned
from day to day (Sundays excepted) until the whole is com-
pleted; Provided, that in all cases where a defense has been
interposed or the owner has appeared generally or specially in
said proceeding in court, or an appeal has been taken from the
judgment of such court, the treasurer of said city may make
sale as aforesaid at any time after final judgment, upon giving
Sale may be made notice as prescribed in sections forty-one and forty-two at the
after appeal de-
cided.
Penalty for
neglect of official
duty.
city hall aforesaid, at such time as he may fix for the purpose;
and provided also, that in any case, whether in relation to
assessments heretofore or hereafter made, may make such sales
at any time after final judgment, although prior to the time of
such annual sales.
SEC. 53. Any assessor, city treasurer, or other officer, who
shall in any case refuse or knowingly neglect to perform any
duty enjoined upon him by this chapter, or who shall consent
to, or connive at, any evasion of its provisions, whereby any
proceedings required by this chapter shall be prevented or hin-
dered, shall, for every such neglect or refusal, be liable to said
city individually, and upon his official bond, for double the
amount of loss or damage caused by such neglect or refusal, to
be recovered in an action of debt, in any court having juris-
diction of the amount thereof.
SEC. 54. No assessment of property, or charge for assess-
ments thereon, shall be considered illegal on account of any
irregularity or informality in the assessment rolls, or on account
of the assessment rolls not being made, completed or returned
within the time required by law, or on acconnt of the property
having been charged or listed in the assessment list without
name, or in any other name than that of rightful owner; and
no error or informality in the proceedings of any of the offi-
27
invalidate title..
cers entrusted with the levying and collection of special assess- No Informality to
ments, not affecting the substantial justice of the assessment
itself, shall vitiate or in any way affect the assessment.
ments.
SEC. 55. If any purchaser of lands, lots, or other property,
sold for assessments, shall suffer the same to be again sold for Effect of a second
like assessments, before the expiration of two years from the sale for assess-
date of his or her purchase, such purchaser shall not be entitled
to a deed of the property until the expiration of two years from
the date of the second sale; during which time the land, lot,
or other property shall be subject to redemption, and the per-
son redeeming shall only be required to pay, for the use of the
purchaser at the first sale, the amount paid for the property, and
the amount paid by the second purchaser, for his use, as in
other cases, and interest on said amounts respectively at
the rate of twenty-four per cent. per annum.
possession.
SEC. 56. After any real estate shall have been bid in or City may take
struck off to the city, said city may enter upon such real estate
and take possession thereof, and, through or by the city treas-
urer, may rent or lease the same until the rent shall pay the
amount due on such special assessment, interest, penalty, and
costs.
3 per cent.
SEC. 57. The city treasurer shall receive a fee of three per Treasurer's fees
cent. on all warrants for special assessments collected by him,
in compensation for the additional duties imposed on him by
this act.
24 per cent. interest
SEC. 58. All judgments rendered under this act upon said
assessments, shall bear interest at the rate of twenty-four per on judgment.
cent. per annum from date thereof until paid.
When certificate
SEC. 59. The city treasurer of said city may at any time
before the time of redemption has expired, assign any certifi- may be assigned.
cate of sale of property aforesaid, bid in by the city as afore-
said, to any person by endorsement thereon after payment by
such person into the city treasury of the amount at which the
same was so bid in, with interest thereon at the rate of twenty-
four per cent. per annum, and costs; and such assignee shall
have the same right and title thereunder as if he had purchased
the same originally at the sale, and when the right of redemp-
tion shall have expired, shall be entitled to a deed as in other
cases.
SEC. 60. The said Board of Public Works shall as soon after
their organization as practicable appoint two street inspectors,
28
Works.
whose duty it shall be to render their personal services in re-
Board of Public] pairing the streets of said city, and to perform such other ser-
vices and such duty and in such localities as the said board
may prescribe or direct. The said street inspector shall be
removable at the pleasure of said board and shall receive such
compensation as the said Board of Public Works with the
concurrence of the Common Council may determine. Said
street inspectors before entering upon the discharge of their
duties shall take and subscribe an oath to the effect that they
will faithfully discharge their duties, and shall also give bond
to said City of St. Paul, with sureties in such sum and with
such condition as the said board may approve, which said bond
shall be filed with the comptroller of said city. Provided, that
the present street commissioners shall act as such street inspec-
tors at the present compensation until their term of office shall
expire, on the second Tuesday of April, eighteen hundred and
seventy-three.
Street Inspectors.
Board of Public
Works officers of
city.
exceptions and
SEC. 61. The said Board of Public Works and the members
thereof and officers aforesaid to be appointed by said board
shall be and the 'same are hereby declared to be officers of the
said City of St. Paul, and their assessments, proceedings, and
official acts hereby authorized shall be and the same are de-
clared to be the acts and proceedings of the said City of Saint
Paul.
SEC. 62. All provisions of laws inconsistent with this act are
Repealing section, hereby repealed but the repeal or amendments herein contained
mode of procedure of any law or part thereof shall not affect any act done or any
right accruing, accrued or established, or any assessments or
proceedings of the Common Council of said city, or of the
commissioners of assessments as heretofore existing, or of
other officers of said city or other proceedings ended or pend-
ing, and all assessments or other proceeding pending, or
unfinished, made or had under the act of which this act is
amendatory, or under any other law shall not abate but shall
continue and conform to and be completed (and be enforced)
under the provisions of the said act as hereby amended. Pro-
vided, that in any case where an order has been passed by the
Common Council before the passage of this act, for any im-
provement under this act of which this act is amendatory, and
the assessment for such improvement has not yet been confirm-
ed, the Common Council of said city shall have power to revoke
1
29
When assessment
passage of this act.
said order and annul all proceedings in such case with the same
effect as if they had not been commenced, and thereupon no
further action shall be taken in relation to such proposed im-
provement, except by original proceedings commenced under
the provisions of this act. And provided further, that in case
any assessment has been returned to the said Common Council,
and notice of application to said Common Council for the
confirmation thereof has been given prior to the passage of this is confirmed before
act, under the said act of which this act is amendatory, and
the assessment has not yet been confirmed or disposed of by
said Common Council; the said, Council may (unless they
revoke the order passed for such improvement, and annul said
proceedings, as hereinbefore provided,) in their discretion,
revise and correct such assessment, or confirm the same, or Council may re-
annul the same, and direct a new assessment to be made. If
a new assessment shall be directed in such case, the said Board
of Public Works shall thereupon proceed in said matter, and
all further proceedings shall be had in said matter in accord- Further proceed-
ance with this act, and in all cases where such assessments ings under this
have been confirmed prior to the passage of this act, and the
work has not yet been placed under contract, the work shall be
let and placed under contract by said Board of Public Works,
in accordance with the provisions of this act.
SEC. 63. This act shall take effect from and after its passage.
Approved February 29, 1872.
1
vise assessment or
may order new
assessment.
act.
Sections 58, 59, 60, 61, 62, and 63, in this revision, were How old new sec-
numbered in the act of 1872, as Sections 28, 29, 30, 31, 32, tions arranged.
and 33.
}
NOTES.
1. "Principles of Valuation."-The assessment for benefit can Principles of
not exceed the actual benefit. 9 Wend., 244.
2. When it becomes a question of fact whether a proposed im-
provement will be advantageous to the property in any designated
direction, the decision of the corporate authorities is conclusive.
23 Barb., 166.
valuation.
1
30
Apportioning the
burden.
Streets.
Notice.
“
3. Apportioning the Burden.”—Though the apportionment of the
burden among those who are chargeable is in the discretion of the
Commissioners, the question who are chargeable is not. The whole
district, with regard to the benefit of which the improvement is made,
must be assessed. Thus where an open drain became a nuisance, and
it was necessary to construct a common sewer to obviate it; held, that
the whole ground drained by the sewer must be assessed, not merely
that part which might have been alone affected by the nuisance.
20 Johnson, 430.
4. Where the assessment for benefit is required to be upon the
houses and ground, which are intended to be benefited, both must be
regarded; and a damage which would be caused to the house by the
improvement, must be deducted from the benefit to the lot.
9 Wend., 244.
5. Streets.-That the grant to a city of a power to "open, alter,
abolish, widen, extend, establish, grade, or otherwise improve and
keep in repair streets," will not authorize an appropriation of a street
to such use as would be entirely inconsistent with its use as a street.
See Lockland vs. North Missouri R. R. Co., 31 Mo., 180.
Notice.-An assessment for expense of local improvements, with-
out notice to the owners of the land, is void. 15 Wendell, 374. 3
Barbour, 275.
In general, the land upon each side of a new street should pay the ex-
pense of opening, but this rule is not invariable. The board must take
notice of the several proprietors, the nature of their interests, the form
and position of their several parcels of land, the qualified rights of
the owner in reference to its enjoyment, and any other circumstances,
which render the proposed improvement more or less beneficial to
him. 18 Wendell, 564. 12 Wendell, 203.
In general, the assessment must describe the property with ac-
curacy. 20 Johnson, 495.
AN ACT TO AID THE IMPROVEMENT OF SEVENTH STREET,
MISSISSIPPI STREET, AND THIRD STREET IN THE CITY
OF SAINT PAUL, AND OTHER STREETS AND AVE-
NUES IN SAID CITY OF SAINT PAUL,
Be it enacted by the Legislature of the State of Minnesota :
SECTION 1. The Common Council of the City of St. Paul is
31
members of Coun
$1000 each.
hereby empowered by a vote of three-fourths of the members Three-fourths of
of the Common Council, to issue the bonds of said city to an cil to issue bonds.
amount not exceeding thirty-six thousand five hundred dollars
to aid the improvement of Seventh street east of Kittson street;
and Third street east of Jackson street; and Mississippi street
north of Pennsylvania avenue to the northern limits of the
city, in the City of St. Paul; for the improvement of Como
avenue, as laid out or to be laid out; and for the improvement
of Rondo street to the city limits; and for the improvement of
Ramsey street to its intersection with Summit avenue, as said
streets are now or as the same may hereafter be laid out.
Said bonds shall bear interest at the rate of eight per cent. per
annum, payable semi-annually, on the first day of March and
September of each year, and shall be redeemable in twenty
years from the date thereof; they shall be issued in sums or
denominations of $500 and $1,000, or either of said sums or
denominations, with or without interest coupons attached, and Bonds, $500 and
payable as to the interest or principal, or both, at the City of
New York or in the City of St. Paul, or in both of said places
as the Common Council may prescribe, and when the said
Common Council of said city shall cause the said bonds to be
issued, they shall make provision for the payment of the inter-
est by a sufficient levy upon the taxable property in said city.
SEC. 2. In case the grading, bridging, or other improvements
of said streets or any part thereof above mentioned may have when bonds may
been or shall hereafter be ordered by the Common Council of said
city, as provided by law for improvements of like nature in
said city, the said Common Council may issue the said bonds
of said city to the amount aforesaid, or so much thereof as
they may deem expedient to aid the said improvements, or
either of them; and in case the said Common Council shall
issue said bonds, or any portion thereof aforesaid, the funds Proceeds of bonds
raised therefrom shall be paid to the contractor on account of
the work, in such manner as the said Council may prescribe;
and the amount thereof so paid or ordered, or appropriated to
be paid out of said fund on account of said work, shall be
deducted from the whole amount of the total estimated cost of
said improvements, or either of them, and the remainder of
such estimate only shall be assessed upon the property deemed
benefited by the improvement under the provisions of law
relative to such improvements and assessments therefor, in the
issue.
how applied.
32
7th and 3d street
expenditures, and
other streets.
Proviso limiting City of St. Paul; Provided, that no more than $10,000 of said
fund shall be expended upon either Seventh street or Third
street, and not more than three thousand and five hundred
dollars upon Mississippi street, for Como avenue and Rondo
street not more than five thousand dollars each, and for Ram-
sey street not more than three thousand dollars.
SEC. 3. All provisions of acts inconsistent with this act are
hereby repealed, so far as they conflict with the provisions of
this act.
SEC. 4. This act shall take effect and be in force from and
after its passage.
Approved February 29, 1872..
See Act of 1871.
accept.
AN ACT TO AMEND "AN ACT REQUIRING THE CITY COUN-
CIL OF THE CITY OF ST. PAUL TO ACCEPT THE DED-
ICATION OF STREETS IN NEW ADDITIONS, AND FOR
OTHER PURPOSES," APPROVED MARCH 6, 1871.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That section two (2) of "an act requiring the
City Council of the city of Saint Paul to accept the dedication
of streets in new additions, and for other purposes," approved
March 6, 1871, be and the same is hereby amended so as to
read as follows:
Sec. 2. That said city shall accept the same, when the streets,
alleys, lanes, parks, or other public grounds thereof, proposed
When Council may to be dedicated, shall conform to the streets, lanes, alleys, and
other highways of the adjoining additions already laid out and
dedicated, platted and recorded, so far as is practicable from
the topography of said addition and adjacent additions; and
the proprietor or proprietors of such new addition shall, when
they present their plat for acceptance as aforesaid, also present
a plat or map of the addition or additions adjoining the same,
if any, showing how said proposed new addition joins and con-
forms to the streets, alleys, lanes, parks, or other public
grounds in the older or accepted additions; and the said city
Plat of adjoining
Addition.
33
of Saint Paul shall not be required to work, repair, or keep in
repair, or otherwise open or improve any street, alley, lane,
park, or other public grounds in such new additions [addition],
until the same has been accepted as aforesaid; provided, that
all [the principal and] important streets and avenues in said Important streets
new addition shall be at least eighty (80) feet wide, and all
alleys or lanes at least twenty (20) feet wide.
SEC. 2. This act shall take effect and be in force from and
after its passage.
Approved February 27, 1872.
to be 80 feet wide.
AN ACT TO AMEND AN ACT ENTITLED "AN ACT RELA-
TIVE TO FREE SCHOOLS IN THE CITY OF SAINT PAUL,"
AND THE ACTS AMENDATORY THEREOF.
d
Be it enacted by the Legislature of the State of Minnesota :
SECTION 1. That section one of said act shall read as fol-
lows:
St. Paul one school
Sec. 1. That the city of Saint Paul shall be considered as
one school district, and hereafter all schools organized therein
in pursuance of this act shall, under direction and regulation district.
of the Board of Education, be public and free to children re-
siding within the limits thereof, between the ages of five and
twenty-one years inclusive, subject to such rules and limita-
tions, as the said board may establish.
SEC. 2. That section three of said act shall be amended as
follows:
Vacancy how
Sec. 3. In case of a vacancy in the office of School Inspector,
the said Board of Education may fill the same until the next
annual election, when, if such vacancy occur in the first year filled.
of the term of said office, the electors of the proper ward may
choose a suitable person to fill the remainder of such term;
Provided, That the City Clerk shall give notice of such va-
cancy prior to such election, as may be required in other cases,
and Provided further, That no member of the Common Council
of the city of Saint Paul, nor any other officer of the govern-
5
34
Made a body cor-
porate.
May sue and be
sued.
Proviso as to pay-
ments.
Quorum.
Additional means
how raised.
ment of said city, shall be eligible as a member of said Board
of Education, nor be permitted to act as a member thereof.
SEC. 3. That section five of said act shall be amended so as
to read as follows:
Sec. 5. The School Inspectors shall be a body corporate by
the name of "The Board of Education of the City of Saint
Paul," and in that name may be capable of sueing and being
sued, and of holding, buying or selling, and conveying real
and personal property, as the interest of said common schools
may require, and shall also succeed to, and may be entitled to
demand all moneys and other rights belonging to, or in posses-
sion of, the Board of School Inspectors or any member thereof,
or any real or personal property, or other rights of any such
district in the city of Saint Paul. And the clear proceeds of
all such property, which may come into the possession of said
board as last aforesaid, shall be expended and disbursed by,
and with the authority of the Board of Education for educa-
tional purposes, after paying all just and legal demands exist-
ing against the several school districts heretofore existing in
said city; Provided, that said board shall not be liable to pay
an aggregate amount of indebtedness against any one district
greater than the amount received from the same by the
board.
SEC. 4. That section six of said act (as the same has been
heretofore amended) shall be amended so as to read as fol-
lows:
Sec. 6. The Board of Education-a majority of the members
of which shall form a quorum-may meet from time to time at
the City Hall of said city, or at such place in said city, as they
may designate.
SEC. 5. That section eleven of said act (as the same has
been heretofore amended) shall be amended so as to read as
follows:
Sec. 10. The Board of Education shall also, whenever in
their judgment, additional means may be necessary for the sup-
port of free schools in the city of Saint Paul, or for the erec-
tion of school houses therein, or for the purpose of paying the
interest on any bonds now or hereafter issued by said Board of
Education, on or before the first day of June of each year,
present to the Common Council of the city a statement of the
amount of money beyond that in their Treasury needed for such
{
35
Funds subject to
Education.
purposes; and said Common Council are hereby required to City to levy tax.
levy a tax, sufficient for such purposes, on all real and personal
property within said city, according to the city assessment roll,
which shall be collected in the same manner as the moneys to
defray the general expenses of said city, and, when collected,
shall be subject to the order of the said Board of Education ;
provided, that the levy of such tax shall, in no one year, exceed order of Board of
ten mills on the dollar of the property on said assessment roll;
provided, that the said Board of Education may, in its discre-
tion, provide such additional means for the purposes aforesaid,
in whole or in part, by issuing its bonds not exceeding in
amount in any one year more than two per cent. of the value of
the taxable property in said city, according to the assessment
returned the year next previous to said issue. Said bonds
shall bear interest not exceeding eight per cent. per annum,
payable annually or semi-annually, with or without interest
coupons attached redeemable in not less than ten nor more
than twenty years from their date, payable as to principal or
interest, or both in the city of New York or city of Saint Paul,
or both places, and may be issued in such sums or denomina-
tions as said board may determine.
SEC. 6. That section twelve of said act (as the same has
been heretofore amended) shall be amended so as to read as
follows:
May issue bonds.
bonds.
Duty of Secretary.
Sec. 11. The Board of Education, immediately after their Treasurer to give
organization each year, shall proceed to elect from their num-
ber a President, Secretary and Treasurer of the board. The
Treasurer shall give bonds with sufficient sureties to the
acceptance of the board in an amount to be fixed by the said
board. It shall be the duty of the Secretary to keep a true
record of the proceedings of the said board; to superintend
the examination of all teachers; to give certificates to such as
are found qualified; to visit each of the schools at least once
in each two weeks; to exercise a general supervision of the
schools under the direction of the Board of Education, and to
see that the enumeration of scholars required by the general
laws of the State is properly taken and duly returned, and he
shall be entitled to receive a salary for his services of not less Salary of Secre-
than five hundred dollars ($500) per annum. The said Presi-
dent shall be the President of the said corporation, and shall
preside at all the meetings of said board. Such President
tary.
36
President.
School money
paid to Treasurer
may be elected as soon after this act shall take effect as said
board may deem expedient, and shall, in such case, hold his
office, until his successor shall be elected, as hereinbefore pro-
vided. In case of the absence of the President, a majority of
the Inspectors present at any meeting may select one of their
number President pro tempore, who shall act as President
aforesaid during such absence of the President.
SEC. 7. That section thirteen of said act shall be amended
so as to read as follows:
Sec. 12. All school moneys, collected by any collector or
other officer of the city of Saint Paul, or county of Ramsey,
shall be paid by such collector or officer to the Treasurer of
the said board, who shall give him a receipt therefor.
SEC. 8. That section fourteen of said act shall be numbered
section thirteen.
SEC. 9. This act shall take effect from and after its passage.
Approved February 29, 1872.
1
AN ACT
TO AMEND THE CHARTER OF THE "CITY OF SAINT PAUL.”
Be it enacted by the Legislature of the State of Minnesota :
SECTION 1. That the Charter of the City of Saint Paul, as
comprised in an act entitled "An Act to reduce the law incor-
porating the city of Saint Paul, in the County of Ramsey, and
State of Minnesota, and the several acts amendatory thereof
into one act, and to amend the same," approved March sixth,
eighteen hundred and sixty-six; as amended by the several
acts amendatory thereof, shall be amended as follows:
SEC. 2. Section one of chapter two shall be amended so as
to read as follows:
Sec. 1. There shall be an annual election for elective officers
Annual Election. hereinafter provided held on the first Tuesday after the first
Monday of November in each year, as now fixed by law for the
annual or general elections in this State, or such other day in
each year as may hereafter be fixed by law for the holding of
37
*
the annual or general elections in this State, in each election
district in said city, now or hereafter established, and at such
place or places in such election districts as the Common Coun-
cil shall designate; and the polls shall be kept open from nine
o'clock in the forenoon until five o'clock in the afternoon, and
ten days' previous notice shall be given by the Common Coun-
cil of the time and place of holding such election, and of the
officers to be elected. Each ward of said city now or hereafter
established shall be an election district; provided that the
Common Council shall within sixty days after the passage of Election Districts.
this act by ordinance, divide each and every ward of said city
now or hereafter established into two or more election districts,
which shall be numbered as the first, second, &c., election
district of such ward. All annual elections, whether for State
and county officers, or city or municipal officers within said
city, shall thereupon be held in said election districts; any-
thing in the said charter of said city, or of any general law to
the contrary notwithstanding; provided, that such division
into such election districts shall be made at least thirty days
prior to the election to be held therein respectively. Provided
further, that the city election provided for before the passage
of this act to take place in the spring of the year A.D. eighteen
hundred and seventy-two, shall be held at the time so provided;
and that the term of office of the officers so elected at such time officers to hold
shall commence as provided for before the passage of this act, over until annual
and said officers so elected shall continue in office until the first provided for.
day of January, A. D. eighteen hundred and seventy-four,
except as otherwise provided in this act.
election herein
When office of City
Engineer.
SEC. 3. Section two of chapter two (as heretofore amended,)
shall be amended by adding at the end thereof, the following
proviso: Provided, That after a Board of Public Works of
said city shall be established and organized with power to
appoint an engineer, and such engineer shall be so appointed surveyor to cease-
by said board, and be qualified to act, the said office of City appointment of
Surveyor hereinbefore provided, shall cease from and after the
expiration of the term of office of the present city surveyor,
on the second Tuesday of April, eighteen hundred and seventy-
four, and no election shall be held for such officer last men-
tioned after his term of office shall expire aforesaid; and
provided, that after such Board of Public Works of said city
shall be established and organized with power to appoint one
38
When office of
Street Commis-
sioner to cease—
appointment of
Street Inspector.
Qualifications of
voters-Council to
appoint judges.
$
Strike out and,
insert.
or more street inspector, and such street inspector or street
inspectors shall be so appointed by said board, and be qualified
to act; the said office of street commissioner hereinbefore
provided, shall cease from and after the expiration of the term
of office of the present street commissioners, on the second
Tuesday of April, eighteen hundred and seventy-three, and no
election shall thereafter be held for such officers last mentioned,
and that until the expiration of the term of office aforesaid of
said street commissioners, said street commissioners shall act
as street inspectors aforesaid, under the direction of the Board
of Public Works aforesaid, to the same extent as if appointed
street inspectors by the said board.
SEC. 4. Section six of chapter two shall be amended so as
to read as follows:
Sec. 6. All persons entitled to vote for State and county
officers, and who shall have resided for ten days next preced-
ing the election in the election district where they offer their
vote, shall be entitled to vote for any officer elected under
this law, and to hold any office hereby created. The Common
Council of said city shall each year, in sufficient time before
the annual election, appoint three qualified electors in each
election district in said city to be judges of election in their
respective districts for all State, county, city or municipal offi-
cers, or otherwise, each of whom shall be of an opposite party,
if practicable; and the said judges in each elective district
aforesaid, shall appoint two qualified electors in their elective
districts respectively, to be clerks of such elective districts.
respectively, and of an opposite party if practicable. Said
election shall be held and conducted in the manner and under
the same penalties, as required by the laws of the State
regarding elections; except that the returns for all city elec-
tions shall be made to the city clerk. All vacancies of any of
the judges or clerks aforesaid, may be filled by appointment of
the said Common Council, or in case of their omission so to do,
by the remaining judges or judge.
SEC. 5. Section seven of chapter two, shall be amended by
striking out the words "Alderman of each ward" and inserting
in place thereof "officers appointed in accordance with the
preceding section."
SEC. 6. Section nine of chapter two, shall be amended so as
to read as follows:
39
}
when to com-
Sec. 9. The term of any officer hereafter elected under this
law-unless otherwise provided for-shall commence on the Term of office,
first day of January next succeeding his election, and shall,
unless otherwise provided, continue for one year, and until his
successor is elected and qualified; and, Provided, that the term
of office of each elective officer elected at the next spring election
aforesaid, shall continue until the first day of January next
succeeding the month of April in which his term would other-
wise expire under the act of which this act is amendatory, and
until his successor is elected and qualified (except where the
same is otherwise specifically provided for).
Commissioner
SEC. 7. Section nine of chapter three shall be amended by
adding at the end thereof the following proviso: Provided, office of Street
that after a Board of Public Works of said city shall be estab- abolished, when.
lished and organized with power to appoint one or more street
inspectors, and such street inspector or street inspectors shall
be so appointed by said Board of Public Works, and be qualified
to act; that the said office of Street Commissioner shall cease
after the expiration of the term of office of the present Street
Commissioners, on the second Tuesday of April, one thousand
eight hundred and seventy-three, and the provisions of this
section shall have no further force, except as provided in section
two, in chapter two.
SEC. 8. Section twenty-one of chapter three, shall be amended.
by adding at the end thereof the following proviso: Provided,
that after a Board of Public Works of said city shall be estab-
lished and organized with power to appoint an Engineer, and
such Engineer shall be so appointed by said Board of Public
Works, and be qualified to act, the said office of City Surveyor
shall cease after the expiration of the term of office of the present
City Surveyor, on the second Tuesday of April, one thousand
eight hundred and seventy-four, and the said Engineer, so
appointed by said Board of Public Works, after the expiration
of said term of office of said City Surveyor, shall be ex officio
the City Surveyor, and perform all the duties prescribed in this
section, and be governed by all the provisions thereof, and his
compensation shall be as prescribed by law establishing such
Board of Public Works.
Office of City Sur-
veyor abolished,
when.
provisions of the
SEC. 9. Nothing in this act contained is intended to repeal, Not to affect the
limit, or affect any law which may have been passed, establish- act establishing
ing or providing for a Board of Public Works of said city, or the Board of Public
any provisions concerning the same.
Works.
40
20
Boundary lines.
SEC. 10. That the boundaries and limits of the said City of
Saint Paul shall be enlarged so as to comprise, in addition to
the territory therein included, the following described district
of country, in the County of Ramsey, in the State of Minneso-
ta, to wit: All of that portion of section four (4,) in township
twenty-eight (28,) north of range twenty-two (22) west, lying
north-easterly of the centre of the Mississippi River. All of
section thirty-three (33,) in township twenty-nine (29,) north,
of range twenty-two (22). The south half of section twenty-
eight (28), twenty-nine (29,) and thirty (30,) in township
twenty-nine (29,) north, of range twenty-two (22) west. The
south half of section twenty-five (25,) in township twenty-nine
(29,) north, of range twenty-three (23) west. The south half
of section twenty-six (26,) and all of section thirty-five (35,)
in township twenty-nine (29,) north, of range twenty-three
(23) west. All of section eleven (11,) and all of section two
(2) in township twenty-eight (28) north, of range twenty-three
(23) west, including the following-named islands in the Missis-
sippi River, to wit: Ames', Boal, and Lambs' Islands, Rasp-
berry, Barnes, and Harriet Islands. So much of the portion
Distribution of new of the afore-described enlarged territory of said City of Saint
territory among
wards.
Paul, which is not included within the present limits of any of
the wards of the said City of Saint Paul, as lies east of the
eastern line of the present fifth ward of said City if prolonged
to the northern and southern limits of said enlarged territory,
shall (until otherwise changed by the Common Council of said
City) be part of said fifth ward. So much of the portion of
the afore-described enlarged territory of Saint Paul which is
not included within the present limits of any of the wards of
the said City of Saint Paul as lies west of the western line of
the present fourth ward of said City if prolonged to the north-
ern and southern limits of said enlarged territory, shall (until
otherwise changed by the Common Council of said City,) be
part of the said fourth ward. So much of the residue of the
portion of the afore-described enlarged territory of said City
of Saint Paul which is not included in the limits of the said
fourth and fifth wards as enlarged aforesaid, and which is
not included in the limits of any of the other wards of said City,
shall (until otherwise changed by the Common Council of said
City) be part of the present second ward of said City of Saint
Paul. All the afore-described enlarged territory of the said
41
City of Saint Paul, shall be within and subject to the jurisdiction City jurisdiction.
of the City of Saint Paul, and the said municipal corporation and
the charter thereof, and acts of the Legislature amendatory of
or supplementary to the same, or in any way applicable to
said City, now or hereafter enacted, and the ordinances, by
laws and regulations of said City of Saint Paul, now or here-
after ordained and established, shall embrace, extend and apply
to the said enlarged territory of the said City of Saint Paul,
and every part thereof, and the inhabitants now or hereafter
inhabiting said enlarged territory, and every part thereof to
the same extent, and with like force and effect as the same may
or could apply to the said City of Saint Paul, and to any part
of the territory of said City of Saint Paul contained within
the limits of said City as they existed immediately prior to the
passage of this Act; provided that no assessment or levy of
any tax shall be made upon any part of the property, real or
personal, embraced within the enlarged limits of the City as
extended by this Act, for the payment of any portion of the indebtedness.
interest and principal of the existing indebtedness of said City,
funded or otherwise. In all assessments or levies of taxes for
payment of such indebtedness, the lands and property embraced
in such enlarged limits shall be expressly omitted.
SEC. 11. That section four of chapter two shall be amended so
as to read as follows:
Not liable to assess-
ment for existing
Vacancies, how
Sec. 4. Whenever a vacancy shall occur in the office of any
elective officer of said City, such vacancy shall be filled by filled.
appointment by the Common Council of said City, until the
next general election; and the successor of such person so
appointed to fill any vacancy aforesaid, shall be elected at the
next general election for the unexpired term.
SEC. 12. This Act shall take effect from and after its passage.
Approved, Feb. 29, 1872.
6
42
AN ACT TO AUTHORIZE THE CITY OF SAINT PAUL TO
ISSUE BONDS TO PURCHASE PUBLIC PARK
GROUNDS AND FOR OTHER PURPOSES.
Duty of Judge of
District Court-
oath of office.
appointed.
Be it enacted by the Legislature of the State of Minnesota :
SECTION 1. It is hereby made the duty of the judge of the
district court of the second judicial district, to appoint five
discreet and competent persons, each shall be a resident citizen
and freeholder of the city of Saint Paul, and one shall be
appointed from each ward of said city, as now constituted, and
shall each receive a certificate under the seal of said district
court clerk, of their appointment, each of whom shall before
entering upon the duties herein prescribed take an oath faith-
fully and impartially to discharge the duties of their said
appointment to the best of their knowledge, skill and ability.
SEC. 2. It shall be the duty of said five persons, so appointed
Duty of persons so as aforesaid, to contract for and purchase not less than five, or
more than six hundred and fifty acres of land, in Ramsey
County, lying within a convenient distance of the city of St.
Paul, but beyond the present limits thereof, for the uses and
purposes of a public park, with the limitations and conditions
herein mentioned to be paid for by, and from the proceeds of
the city bonds to be issued and disposed of as herein pro-
vided for.
When Council
authorized to issue
where payable-
SEC. 3. After the purchase or contract is made for said lands,
the Common Council of the city of Saint Paul is hereby duly
bonds when and authorized and expressly empowered to issue bonds of the city
to an amount not exceeding one hundred thousand dollars,
payable in not less than thirty years, and to bear interest at
the rate of seven per cent. per annum, which interest shall be
payable semi-annually in the city of New York.
1ate of interest
By whom bonds
signed-in what
denomination.
SEC. 4. The bonds which may be issued by the said City of St.
Paul, under and by virtue of this act, shall be signed by the
mayor of said city, and countersigned by the city clerk and
comptroller, under the corporate seal of said city, and shall be
issued in sums of not less then one thousand dollars each.
ะ
43
ize some suitable
SEC. 5. And the Common Council of said city of St. Paul
may, by resolution, authorize and employ any suitable person council to author-
or persons to negotiate and sell the said bonds, and to place person to negotiate
the proceeds thereof in the city treasury of St. Paul. But the said bonds.
said bonds, nor the proceeds from the sale thereof shall not be
used in any event for any other purpose but to pay for said
lands for said public park hereinbefore mentioned, or the in-
terest arising on said purchase.
Council to survey
into lots and
SEC. 6. The Common Council of the said city of St. Paul is
hereby expressly authorized and duly empowered, after said and lay out lands
lands for said public park are purchased, to survey, lay off, blocks.
plat and record any part or portion of said lands into lots and
blocks, to be known and designated as grand park lots, not to
exceed two hundred acres thereof, in such form and such size
as said Common Council may deem best and most expedient,
and to sell and convey to purchasers by deed or deeds, said
lots and blocks, or either, for such price and on such terms,
either for cash or on credit, with interest, as may be deemed
by said council most expedient.
SEC. 7. It is hereby expressly directed that said Common
Council of said city, shall set apart and fund all the proceeds,
both principal and interest, arising and accruing from the
sales of the said lots or blocks in the said two hundred acres
of said lands, herein authorized to be surveyed, laid off, platted
and recorded, and be held and paid out only on the interest of
the city bonds hereby authorized to be issued, and for no other
purpose whatever, and shall be the duty of said Common
Council of said city, to levy and assess upon the taxable
property of the city of St. Paul, annually, a sufficient amount
or sum, if needed, to meet and pay promptly, when due, the
interest on said bonds so herein provided to be issued, after
faithfully applying the proceeds of principal and interest on the
sales of the lots and blocks herein provided for.
Principal and in-
terest, how paid.
ulations for sur-
veying and platting
de made by the
Council.
said lots and blocks
to be
SEC. 8. The Common Council is hereby authorized to make
and establish, by ordinance or resolution thereof, all needful All rules and reg-
rules and regulations as to the surveying, platting, recording
and sales of said lots and blocks. And also to make and pre-
scribe all needful rules and regulations relating to the improve-
ments, fencing, laying off, ornamenting, grading, and otherwise
beautifying said public park, and may delegate said control of
said public park, and the making of all said improvements to
44
Bonds to remain a
lien upon park
lands and grounds
until paid.
the board of public works, or may control the same jointly
with said board of public works, if deemed by said Common
Council most expedient. Provided, that [if] the proceeds of the
sales of said lots and blocks shall be more than sufficient to
meet and pay the interest on the said bonds herein authorized
to be issued, said excess shall be solely applied to the improve-
ment of said public park as herein provided.
SEC. 9. It shall be the duty of the Common Council of said
City of St. Paul, to make due provision by levying and asses-
sing taxes on the property in the said city to pay the principal
of said bonds when due, and it is hereby declared that said
"Public Park Bonds" shall be and forever remain a lien upon
said public park lands and grounds, until the principal and
interest is fully paid, excepting expressly, that said bond shall
in no way be deemed held or considered a lien on the two hun-
dred acres, herein provided for, to be surveyed, platted and
recorded as lots and blocks to be sold to meet the interest on
said bonds.
SEC. 10. This act shall take effect and be in force from and
after its passage.
Approved Feb. 29, 1872.
AN ACT SUPPLEMENTAL TO AN ACT ENTITLED "AN ACT
TO AUTHORIZE THE CITY OF SAINT PAUL TO
ESTABLISH A SYSTEM OF SEWERAGE
FOR SAID CITY," APPROVED
FEBRUARY 24th, 1869.
Council authorized
to issue bonds-
Be it enacted by the Legislature of the State of Minnesota :
SECTION 1. That in addition to the powers conferred upon
the city of Saint Paul by said act entitled "An Act to author-
for what purpose-ize the city of Saint Paul to establish a system of sewerage
tion-at what rate for said city," approved Feb. 24, 1869: The Common Council
of said city are hereby empowered to issue the bonds of said
city to an amount sufficient to raise an adequate fund for the
construction of such main sewers as may be required in estab-
in what denomina-
of interest-when
payable.
45
lishing a system of sewerage for said city as contemplated by
said act, and putting the same in practical operation, and to
meet the necessary expenses of establishing such system.
Said bonds shall be issued in amounts or of denominations,
each of $200, $300, $500, and $1,000, or of any or all of said
denominations, as the Common Council may direct, and shall
bear interest at the rate of eight per cent. per annum, payable
semi-annually, on the first day of March and September-with
or without interest coupons attached. They shall be redeema-
ble in not less than twenty years from their date, and the
interest and principal, or either, may be made payable in the
city of New York or in the city of Saint Paul, or in both of
said places, as the said Common Council may direct.
SEC. 2. The Common Council of said city, upon directing the
issue of said bonds, are hereby empowered and directed to Interest, how paid.
levy a tax each year upon the property in said city, subject to
taxation sufficient to provide for the payment of the interest
on said bonds, and said fund so raised to pay said interest
shall be set apart and held inviolate for the purpose aforesaid.
SEC. 3. The provisions of all acts or laws heretofore passed
inconsistent with this act, are hereby repealed.
SEC. 4. This act shall take effect from and after its passage.
Approved Feb. 26, 1872.
Repeal of incon-
sistent acts.
AN ACT TO ENABLE THE CITY OF SAINT PAUL TO
CONSOLIDATE AND FUND THE DEBT
OF THE SAME.
For what purpose
denominations —
bonds to be issued
Be it enacted by the Legislature of the State of Minnesota:
SECTION. 1. That the Common Council of the City of St. Paul
by a vote of two-thirds of all the members elect thereof, may
issue the bonds of said city from time to time, and in such
sums as may be needed, for the purpose of consolidating and
funding the present bonded and existing floating debt of payable.
said city (due or to become due) in manner following: Said
bonds shall be issued in amounts or of denominations each of
rate of interest-
when and where
46
Principal and in-
$500 and $1,000, or of either of said denominations as the
Common Council may direct, and shall bear interest at the rate
of eight per cent. per annum, payable semi-annually on the
first day of March and September, with or without interest cou-
pons attached. They shall be redeemable in twenty-five years
from their date; they may be made in whole or in part payable
as to principal or interest, or both in the City of New York, or
in the City of Saint Paul, or in both of said places, as the said
Common Council may prescribe. The said bonds shall be de-
nominated" The general bonded debt of the City of Saint
Paul."
SEC. 2. The said Common Council is hereby empowered and
required to levy a tax annually on all property in said city sub-
terest, how paid. ject to taxation sufficient to provide for the punctual payment
of the interest on said bonds, and to provide a sinking fund
for the payment of the principal; and the fund so raised by
said tax shall be set apart and held inviolate for the purposes
aforesaid; Provided that all accumulations for said sinking
fund may be invested by order of said Common Council in the
registered bonds of the United States, until needed for the pay-
ment of the principal; and, Provided, That the said Common
Council may, from time to time, apply the accumulations of
said sinking fund in paying and discharging any of said bonds,
with the consent of the holder thereof, before maturity at a
rate not exceeding the par value of the same.
How bonds may be
issued.
Repeal of incon-
sistent acts.
SEC. 3. The Common Council may issue the said bonds by
a two-thirds vote aforesaid, from time to time, whenever the
same can be advantageously used in extinguishing the floating
debt of said city, and in discharging or retiring the existing
bonds and obligations of said city, so that the existing bonded
debt of said city and the said floating debt may be consolidated
and funded according to the intent of this act; and the said
bonds herein provided for shall never be issued or appropriated
for any other purpose whatever, and shall not be sold or ex-
changed for less than eighty-five cents on the dollar.
Sec. 4. All provisions of any acts or laws heretofore passed
inconsistent with this act are hereby repealed.
SEC. 5. This act shall take effect from and after its passage.
Approved, Feb. 24, 1872.
47
AN ACT IN RELATION TO THE VACATING OF STREETS,
ALLEYS, AND PUBLIC SQUARES IN THE CITY
OF ST. PAUL.
Be it enacted by the Legislature of the State of Minnesota :
Council.
SECTION 1. That the sole power and authority to vacate
streets, alleys, and public grounds within the city of St. Paul Sole power given
is hereby invested in the Common Council of said city, and
that no street, alley, or public grounds shall be vacated by said
Common Council, unless three-fourths of all the members-elect
thereof shall vote therefor.
SEC. 2. All acts and parts of acts, inconsistent with this act,
are hereby repealed.
SEC. 3. This act shall take effect and be in force from and
after its passage.
Approved February 28, 1872.
AN ACT TO AUTHORIZE THE COUNTY OF RAMSEY, OF
THE CITY OF ST. PAUL, TO ISSUE BONDS TO
BUILD AN ALMS-HOUSE AND HOSPITAL,
AND FOR OTHER PURPOSES.
may issue $30,000
bonds.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That the county of Ramsey is hereby authorized
and empowered to issue bonds for the purpose of erecting an
alms-house and hospital in said county as hereinafter provided, Ramsey county
and pay for the same to an amount not exceeding thirty thou-
sand dollars; said bonds to be in amounts or sums not less
than one hundred dollars or more than one thousand dollars
each, with coupons attached to bear interest at the rate of
eight per cent. per annum, the interest payable semi-annually
in the city of New York, or in the city of St. Paul. The
48
1
Bonds, how signed.
principal to be payable in not less than twenty years, nor
longer than thirty years, for the faithful payment whereof, both
principal and interest, the faith and credit of said county of
Ramsey is irrevocably pledged, and to this end the said county
shall provide a sinking fund to pay the principal when due, and
an annual tax to pay the semi-annual interest thereon. Said
bonds shall be signed by the chairman of the Board of Com-
missioners of said county, and countersigned by the auditor of
said county of Ramsey, under the official seal of said county.
The Board of Commissioners of said county of Ramsey may
make such arrangements for the sale of said bonds as they may
deem best, but the proceeds of the sale of said bonds shall be
applied exclusively to the objects and purposes herein stated.
Provided, however, that the Board of Commissioners may
apply a part of the proceeds of said bonds to satisfy any debt,
contract or liability either now due, or to become due on work
Board may apply done on buildings on the same tract of land, on which said
alms-house and hospital are to be erected.
part to pay debts
due.
City and county to
bear expense.
Board of Directors.
Duties of Directors.
SEC. 2. It is hereby further enacted, that the county of
Ramsey, and corporation of the city of St. Paul, shall bear
and pay all cost or expense of erecting and maintaining said
alms-house and hospital, and the incidental expenses of keep-
ing and supporting the persons, patients or inmates thereof, in
the following proportion, to-wit: The county of Ramsey
shall pay two-thirds thereof, and the city of St. Paul one-third
thereof, out of their respective treasuries.
SEC. 3. That the management of the affairs of the said alms-
house and hospital shall be under the control of three directors,
one of whom shall be appointed by a majority of the Common
Council of said city of St. Paul, and two of whom shall be
appointed by a majority of the Board of County Commission-
ers of said county of Ramsey; each of said three directors to
hold their said appointments at the pleasure of a majority of
the authority appointing them, and each shall be paid three
dollars for each day actually employed in their official duty;
one-third by the city of St. Paul, and two-thirds by the county
of Ramsey.
SEC. 4. It shall be the duty of said board of directors to do
and perform all the duties now enjoined upon the overseers of
the poor by the General Statutes of the State, except that the
director appointed by the city council shall give bond to the
49
May make rules.
city, as the council may require, and the two directors ap-
pointed by the board of county commissioners shall give bond Bond to be given.
to the county of Ramsey, as the said county board may require.
Said directors shall have the further power to make all need-
ful rules and regulations respecting the discipline, order, con-
duct and supervision of said alms-house and hospital, as they
may deem expedient, and shall report quarterly to the city
council and the board of county commissioners a full state-
ment, in writing, of all their said regulations, acts, doings,
contracts and accounts, and in all things said directors shall
act jointly as a board by a majority thereof and not otherwise,
and they shall keep a complete record of all their official acts,
and all the powers heretofore devolved upon one county.com-
missioner by the General Statutes of the State are hereby trans-
ferred to said board of directors as a body, and said board of di-
rectors shall have the further power to appoint an alms-house and May appoint Phy-
hospital physician, at a salary not to exceed twelve hundred sician, salary, &c.
dollars per annum, who shall hold his office during the pleas-
ure of said directors. Said physician to furnish all necessary
medicine for patients without extra charge, in consideration
whereof said physician is to be furnished an office, either in
the buildings aforesaid or on the ground adjacent thereto, which
said physician shall possess all the powers and perform all the To supercede City
duties of county and city physician; and all city and county and County Physi-
physicians heretofore appointed are hereby superceded as
soon as said directors shall appoint one as herein provided,
and he shall enter upon the discharge of his duties.
cian.
city one-third of
SEC. 5. That the county of Ramsey are hereby duly author-
ized and empowered to convey by deed to the corporation of county to deed to
the city of St. Paul, and said city of St. Paul are hereby au- certain lands.
thorized to hold in fee one undivided third of the forty acres
of the county poor farm, to include that portion upon which
some buildings are now situated, in consideration of the ad-
vances provided to be made by said city.
SEC. 6. It shall be the duty of said directors, upon twenty
days' notice in some newspaper, to receive bids for erecting
said alms-house and hospital, and award contracts with the Bids for hospital}
approval of the county board. Payments to be made to the
contractor as may be agreed upon by said directors and the
contractors pro rata as herein provided.
SEC. 7. That the corporation of the city of St. Paul is
building.
7
50
City may issue
bonds.
『
Bonds how signed.
report.
Imp
***
hereby authorized and empowered to issue bonds, to the amount
of fifteen thousand dollars, for the purpose of aiding in paying
for the erection of an alms-house and hospital in the county of
Ramsey. Said bonds to be issued in sums of not less than one
hundred dollars or more than one thousand dollars, each
with coupons attached, to bear interest at the rate of eight per
cent. per annum, payable semi-annually in the city of New
York or in the city of St. Paul. The principal to be payable
in not less than twenty years nor more than thirty years; for
the faithful payment of both principal and interest of said
bonds the faith and credit of said city of St. Paul is irrevo-
cably pledged, and to this end the said city of St. Paul shall
provide a sinking fund to pay the said principal when due, and
an annual tax to pay the interest semi-annually thereon. Said
bonds shall be signed by the Mayor of said city of St. Paul,
and the city clerk, under the official seal of said city, and
countersigned by the city controller. The said city of St.
Paul may make such contracts or regulations for the sale of
said bonds as their common council may deem best, but the
proceeds of said bonds shall only be applied to the objects and
purposes of erecting said alms-house and hospital.
SEC. 8. The board of commissioners of Ramsey county shall
have power to order said directors to make reports and settle-
When Directors to ments of their accounts, acts and doings at any time, and
more frequently than quarterly, if said county board shall at
any time deem it expedient, an abstract of which settlement
(shall) immediately thereafter be forwarded (to) and filed with
Tenure of office of the city controller. Provided, however, that the functions of
said directors shall cease when the county commissioners of
Ramsey county shall so direct.
Directors.
SEC. 9. The board of commissioners of the county of Ramsey
County Board may shall have power to make all necessary rules and regulations
to carry into effect this act, according to its intent and
object.
make rules.
SEC. 10. This act shall take effect and be in force from and
after its passage.
Approved February 29, 1872.
1
51
1
AN ACT FOR AN ACT TO ESTABLISH AN AVENUE FROM
THE PRESENT NORTHERLY TERMINUS OF THE CITY
LIMITS OF THE CITY OF SAINT PAUL, TO
LAKE COMO, IN RAMSEY COUNTY, TO
BE KNOWN AS COMO AVENUE.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That Lorenzo Hoyt, Robert A. Smith, and Como Avenue.
George Scotten, of the county of Ramsey, be and are hereby
appointed commissioners to locate and establish a public ave-
nue or road, to be known as "Como avenue," commencing at
the intersection of the east line of Banning street with the
north line of the limits of the city of St. Paul; thence to a
point on the St. Paul and Pacific Railroad, in the east half of
the southeast quarter of the southwest quarter of section 25,
township 29, range 23, at the most feasible and convenient
point to bridge said railroad; thence to the forks of the road
near to and southeast of Lake Como, in said county; said
avenue to be one hundred feet in width.
To be 100 feet wide.
SEC. 2. That, within one year from the passage of this act,
said commissioners, or a majority of them, shall proceed to commissioners to
cause a survey and plat of said avenue to be made, which said act within one year.
plat shall exhibit the lands and premises required to be taken.
therefor, and lands adjacent, which, in the judgment of said
commissioners, will be injured or benefited thereby. The said Injury and benefits
plat shall be filed in the office of the Register of Deeds of said
county of Ramsey; and for the purpose of such survey and
platting, may employ a competent surveyor and such chain-
men and axmen as may be necessary.
Plat to be filed.
fits.
SEC. 3 It shall be the duty of said commissioners to assess
and determine all damages and benefits that may be sustained Assessment of
and received by reason of the laying-out of such road, in the damages and bene-
same manner as is now provided by law for the laying-out of
town roads, and to file a schedule of the assessment of dam-
ages and benefits with the auditor of said county of Ramsey,
and any person aggrieved by such assessment may, within
thirty days from such filing, appeal in the manner provided by
law in case of town roads.
52
Road when opened.
Expenses to be
added.
SEC. 4. That such avenue shall be deemed established and
may be opened upon the filing the plat of the survey thereof,
as aforesaid, which plat shall be legal evidence of said road;
that said commissioners shall receive the sum of three dollars
per day and their necessary expenses, and that said commis-
sioners, in their report of assessments, shall add thereto the
expenses of themselves and assistants, and the said county
shall pay all damages and expenses assessed for the laying-out
of said avenue; that all benefits shall be collected in accord-
ance with the laws in force at the date of filing said plat.
SEC. 5. This act shall take effect and be in force from and
after its passage.
Approved March 3, 1871.
1
See page 32.
AN ACT REQUIRING THE CITY COUNCIL OF THE CITY OF
ST. PAUL TO ACCEPT THE DEDICATION OF STREETS
IN NEW ADDITIONS, AND FOR OTHER PURPOSES.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That all additions to the city of St. Paul made,
laid out and platted, as required by law, shall, before the same
takes effect or is recorded in the office of the register of deeds of
Ramsey county, be presented to the common council of said
city, at some regular or special meeting thereof, for acceptance
by said city of the dedication of streets, alleys, lanes, parks,
or other public grounds therein.
SEC. 2. That said city shall accept the same, when the
streets, alleys, lanes, parks, or other public grounds, conform
to the adjoining additions already laid out, platted and
recorded as now required by law, and the proprietor or pro-
prietors shall, when they present their plat for acceptance as
aforesaid, also present a plat or map of the adjoining addition
or additions, showing how said proposed new addition joins
and conforms to the streets, alleys, lanes, parks, or other pub-
lic grounds, in the older and accepted additions, and said city
of St. Paul shall not be required to work, or repair, or keep in
53
repair, or improve any street, alley, lane, park, or other public
grounds, until said new addition has been accepted as afore-
said; provided, that all streets shall be at least eighty feet
wide, and all alleys at least twenty feet wide.
SEC. 3. This act to take effect and be in force from and
after its passage, and be deemed a public act.
Approved March 6, 1871.
AN ACT TO AMEND THE CHARTER OF THE CITY OF SAINT
PAUL.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That subdivision of section four, of chapter five, see revised charter
be amended by striking out the limitation of five (5) mills on of 1869, page 36.
the dollar of the assessed value of the taxable property, and
inserting in the place of the words "five (5) mills," when they
occur, the words "ten (10) mills."
City finances.
of 1869, page 36.
SEC. 2. That subdivision four, of said chapter five, be
amended as follows: By striking out the whole of the proviso See revised charter
in said subdivision, and substituting therein the following
proviso: Provided, that so much of said tax as may be levied
on the real estate in each ward of said city respectively, shall City finances
be appropriated in the wards in which it may be levied respec-
tively, and so much of the tax as may be levied upon personal
property shall be divided equally among said wards.
ward funds.
Council.
SEC. 3. That the assessor of said city shall hereafter be
elected by the Common Council, at their last regular meeting Assessor elected by
in December. Provided, there shall, however, be an assessor
elected by said Common Council at the first regular meeting
after the passage of this act, or as soon thereafter as practica-
ble, whose term of office shall commence at the expiration of
the term of the present incumbent; and the assessor so elected
next, after the passage of this act, shall hold his office until
the first day of January, 1873, and until his successor is Term of office.
elected and qualified, and the term of office of the assessor
shall thereafter commence on the first day of January, and con-
54
See revised charter
of 1869, page 6.
See revised charter
of 1869, page 9.
No contract let,
until referred to
commissioners of
interest fund.
Two street commis-
sioners to be
elected.
Objects of tax
levy.
tinue for two years, and until his successor is elected and
qualified.
SEC. 4. That section two (2) of chapter two of said charter
be amended by adding the following :
Provided, That the term of office of the city comptroller
shall be three years and until his successor shall be elected
and qualified.
SEC. 5. That section nine (9) of said chapter two, be
amended by adding the following:
Provided, That the city surveyor shall hold his office for the
term of three years and until his successor is elected and
qualified.
SEC. 6. That the Common Council of the city of St. Paul
shall not let any contract until the subject has been referred to
and approved by the commissioners of the interest and sinking
fund, and not until said commissioners have reported the same
to the council, showing how, and when, and out of what fund
the same is to be paid, unless three-fourths of all the members-
elect shall vote in favor thereof.
SEC. 7. That at the annual spring election in the city of St.
Paul, after the passage of this act, there shall be elected by
the qualified voters, one street commissioner in and for the
Third and Fourth wards, and one street commissioner for the
Second, First and Fifth wards, each of whom when so elected,
shall hold his office for the term of two years, and until his
successor is elected and qualified; and they shall each perform
the duties now prescribed for the street commissioner, and be
required to give bond and take the oath now provided by the
city charter and ordinances, and be subject to the order of the
Common Council. Their salary shall not be to exceed one
thousand dollars per year.
SEC. 8. That the taxes authorized to be levied by this act,
and by any other law heretofore passed and still in force, for
city purposes in any one year, shall be for the following speci-
fic objects, which shall be annually included and itemized in
the report required to be made to the City Council, as prescribed
in section fourteen of chapter three, of the amended charter of
the city of St. Paul, approved March sixth, one thousand eight
hundred and sixty-eight, to-wit :
Salaries of city officers.
Expenses of city hall.
55
Police department.
Fire department.
Board of Health.
Water department.
Street lamp department.
Contingent fund.
applied to express
objects.
ล
And for such other specific purpose or purposes as are pre-
scribed by laws heretofore enacted and still in force, as afore- Tax must be
said, and the taxes levied and collected for such specific object
or objects, shall be applied only to defray the expenditures, to-
gether with the arrearages due and unpaid, for such specific
object or objects, which arrearages or indebtedness shall be
provided for in the next tax levy, in accordance with the first
section of this act. Any willful neglect or refusal on the part
of the city comptroller to itemize the specific object or objects
as aforesaid, in his annual report, and any diversion or attempt Duty of Controller
to divert, by any city official, the taxes to be levied and col-
lected as prescribed in this section, from the particular object
for which such taxes shall be levied or collected, to any other ob-
ject, is hereby declared to be a felony, punishable on conviction
thereof, as prescribed in section ten of chapter three, of the
amended charter of the city of St. Paul, approved March
sixth, one thousand eight hundred and sixty-eight. Provided,
That, in case of the neglect or refusal of the city comptroller
to itemize the expenditures of the city in his annual report, as
provided in this section, it shall be the duty of the Common
Council to provide for such deficiency, by including it in the continued.
tax levy of the current year.
SEC. 9. From and after the passage of this act, it shall be
Controller's duty
the duty of the city comptroller, in auditing and adjusting Controller's duty
claims and accounts against the city, to designate and specify continued.
upon each claim, demand and account so audited and adjusted,
the particular fund out of which the same shall be paid; and
the same shall not be audited or adjusted by him, or reported
to the Common Council until there shall be sufficient funds to
the credit of the particular fund out of which the same is pay- cil until funds are
able, to pay the same, as well as other claims before that time in treasury.
audited and allowed against such fund. Provided, That
nothing in this section shall be construed to prevent the ap- Proviso.
plication to the credit of the particular objects specified in this
section, of a due proportion of the taxes collected upon the
No report to Coun-
56
See act of 1870,
page 62.
Power of city
justice limited.
assessment or levy for the year one thousand eight hundred
and seventy-one, for such particular object or objects, as speci-
fied in the report or estimates of the city comptroller.
SEC. 10. The control of the city prisoners in working on
the streets, or in the chain gang, is hereby placed with the
police force, under the direction of the chief of police.
SEC. 11. The city justice shall not have the power to commit
for vagrancy any person to the city prison or county jail, or to
work on the streets or in the chain gang, for a longer period
than thirty days.
SEC. 12. All acts or parts of acts inconsistent with the pro-
visions of this act are hereby repealed.
SEC. 13. This act shall take effect from and after its
passage.
Approved March 2, 1871.
AN ACT TO ESTABLISH SUMMIT AVENUE, IN RAMSEY
COUNTY.
Summit avenue
established.
Direction of ave-
nue,
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That there be and hereby is established, the line
of a public highway in the county of Ramsey, State of Minne-
sota, which shall be called and known by the name of Summit
avenue, which shall be one hundred feet in width, and shall be
of the following course and direction, to-wit: Beginning at the
city limits of Saint Paul at a point where the extension of
Ramsey street reaches in a direct line the quarter section line
running east and west, of section two (2), town twenty-eight
(28), range twenty-three (23), and thence directly west along
the quarter section lines of sections two (2), three (3), and
four (4) of said township and range to the "west line" of said
section four (4), and thence by the most direct, feasible route
to the point near the left-hand bluff of the Mississippi river,
where the road originally laid out by Hon. B. B. Meeker, and
by him named Mississippi avenue, intersects the west line of
57
section thirty-two (32) of township twenty-nine (29), and
range aforesaid.
1
must occur before
opening avenue.
SEC. 2. When owners of property adjacent to the above-
described line, who shall represent more than half the owner-
ship of property along said line, shall file with the auditor of what conditions
Ramsey county an application for the opening of said proposed
highway, and shall at the same time sign a paper relinquishing
all claims for damages for land taken and condemned for said
highway, then it shall be the duty of the commissioners of
Ramsey county to proceed with a competent surveyor to survey
and stake out said avenue, and make an accurate plot thereof
and file the same according to law, and shall open said avenue
for travel as a public highway.
SEC. 3. This act shall be in force from and after its passage,
and shall have the force and effect of a public law.
Approved March 6, 1871.
?
A BILL IN RELATION TO THE BOARD OF COUNTY
COMMISSIONERS OF RAMSEY COUNTY.
Be it enacted by the Legislature of the State of Minnesota:
missioners to be.
SECTION 1. At the next Spring election there shall be elected
six county commissioners of the county of Ramsey, four of
whom shall be selected from the body of electors of the city six county com-
of St. Paul, and two from that portion of the said county out- elected, and when.
side of the limits of the said city. Said county of Ramsey,
outside of the city of St. Paul, shall be divided into two com-
missioner districts as follows, to-wit: The townships of
Reserve, Rose and Mounds View shall constitute district No.
1, and the townships of New Canada, McLean and White Bear
shall constitute district No. 2; provided, that all commission-
ers, elected under the provisions of this act from the body of
the electors of the city of St. Paul, shall be elected at the
annual elections held in said city under its charter.
SEC. 2. Two of the commissioners so elected within the said
county at large, and one of the said commissioners so elected
8
58
ers from county
at large.
Two commission- from the county at large, shall hold office for one year, and the
remaining two from the said city at large, and the one from the
said county at large, shall hold office for two years; the term
of office of the candidate to be voted for shall be specified on
the ballot.
Term of office.
This Spring elec-
tion is changed by
act of 1872. See
page 36.
Mayor to be mem-
ber.
Old members-how
long to act.
Oath of office.
Penalty.
Auditor's duty to
publish exhibit.
!
SEC. 3. At each Spring election succeeding the election of
1871, there shall be elected three commissioners, whose term
of office shall be two years; two of the commissioners so to
be elected shall be elected from the electors of the city of St.
Paul, and one from the electors of the county at large. The
term of office of all commissioners elected, in pursuance of the
provisions of this act, shall commence at the first regular meet-
ing of said board after such election.
SEC. 4. The mayor of the city of St. Paul, for the time cur-
rent, shall be a full member of the board of commissioners and
chairman thereof.
SEC. 5. The members of the existing board of commission-
ers of the said county shall continue to act as such in conjunc-
tion with the board hereby created, so long as the official terms
of the said members shall continue.
SEC. 6. Each commissioner shall, before entering upon his
duties, take and subscribe, in addition to the oath now pro-
vided by law, an oath that he will not, during his term of
office, directly or indirectly, be or become interested in any
manner in any contract, or in any manner receive any emol-
ument, compensation or profit arising out of any letting, con-
tract, purchases or supplies furnished for or to the county, un-
der penalty of a forfeiture of his office, to be declared by a
majority of the board, and by fine or imprisonment, or both, in
the discretion of any court of competent jurisdiction.
SEC. 7. It shall be the duty of the board to cause to be pre-
pared by the auditor semi-annually to prepare and publish in
some daily paper of the city of St. Paul, a detailed statement
of all appropriations and expenditures of the board, for what
purpose and to whom paid, and at the end of the fiscal year an
annual report showing all moneys expended, the purpose for
which the same were expended, and a full and true exhibit of
the financial condition of the county.
SEC. 8. All acts and parts of acts inconsistent with this act
are hereby repealed.
59
SEC. 9. This act shall be in force immediately upon its
passage.
Approved March 4, 1871.
AN ACT TO AMEND THE CHARTER OF THE CITY OF
SAINT PAUL.
See page 37-revis-
Board of Equali-
aldermen and com-
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. Amend section five, of chapter five, of the charter
of the city of St. Paul, approved March sixth, one thousand ed charter, 1869.
eight hundred and sixty-eight, by adding to said section the
following: The City Council shall, at some regular meeting in
the month of August in each year, appoint five members of zation composed of
said City Council to meet the board of equalization and board missioners.
of county commissioners of Ramsey county, at each meeting
of either of said boards in each and every month until the
first day of April in each year; neither the board of equaliza-
tion or the board of county commissioners shall have power to
act on any question touching the abatement of assessments or
of taxes on any property in said city or take any action
directly or indirectly on said taxes or assessments, unless a
majority of said City Council committee shall be present; nor
shall the action of said board of equalization and Council
committee, or the board of county commissioners and said
Council committee, directly or indirectly, affecting city taxes,
assessments, abatements, penalties or extension, have any
effect, force or validity for any purpose until their action shall
be specially reported and returned in tabular form to the City
Council, and said City Council after receiving said report and
return, may alter, amend, modify or reject the action of said city council may
board of equalization and Council committee, or said board of alter report.
county commissioners and said Council committee, and the
action thereon by the City Council shall be returned to said
board of equalization or said board of county commissioners
within fifteen days after it shall have been received by said
City Council, and unless the foregoing provisions are complied
60
}
'Abatement void,
when.
Duty of Council
committee.
Fines for not
meeting.
Compensation.
1
of 1869, page 71-
and page 34.
with all abatements of assessments or remission of penalties
or extension of time for the payment of taxes, shall be abso-
lutely null and void, and the same shall be collected as if no
action had been taken thereon, and the action of the City
Council in the premises shall be final, and all parts of said
section five shall be construed to conform to this amendment,
and no general or special act or law of this State inconsistent
with this amendment shall have any force or validity within the
said city of St. Paul; and the City Council shall have power to
compel the attendance of said Council committee at each
meeting of the board of equalization and the board of county
commissioners as aforesaid, and to this end may impose a fine
on each member of said committee of ten dollars for each fail-
ure so to meet; and while said Council committee are engaged
with the board of equalization, they shall each be paid by the
city the same compensation per day as is paid to each of the
county commissioners; and no action shall be taken by the
board of equalization or board of county commissioners in any
way affecting the said assessments or taxes or penalties after
the first day of April in each year, in the said county of Ram-
sey or city of St. Paul.
SEC. 2. That section three, of the act of March first, one
thousand eight hundred and sixty-nine, entitled an act to
See revised charter amend an act entitled an act to reduce the law incorporating
the city of St. Paul, in the county of Ramsey, and State of
Minnesota, and the several acts amendatory thereof, into one
act, and to amend the same, approved March sixth, one thou-
sand eight hundred and sixty-eight, is hereby repealed, and
section two, chapter five, of the charter of the said city of St.
Paul is hereby re-enacted as follows, te-wit: Until the begin-
ning of the next fiscal year, all funds in the city treasury, ex-
cept wharfage funds, bridge receipts, and such other funds as
may have been heretofore pledged or appropriated to a specific
[purpose], shall be credited to the general fund, and shall be
ed to general fund. under the control of the Common Council, and shall be paid
out as heretofore upon the order of the mayor and clerk, coun-
tersigned by the comptroller, duly authorized by a vote of the.
Common Council; and all orders drawn upon the treasurer
shall specify the specific purpose for which they were drawn,
and shall, until the date aforesaid, be payable generally out of
any funds in the general fund belonging to the city; but no
Funds to be credit-
Page 34.
61
olution of Council.
such orders shall be paid out of the wharfage fund, bridge
fund, or other special fund which has been specifically pledged only drawn on res-
as aforesaid; and such specific funds shall only be drawn out
upon orders drawn upon such funds by virtue of a resolution
of the Common Council. All orders shall be payable to the
order of the person in whose favor they may be drawn, and
they may be transferred by endorsement; no order on the
treasury shall be drawn or issued, until there shall be funds No order drawn un-
sufficient to pay the same, together with the orders that may treasury to pay
then be outstanding; and the comptroller is prohibited from them.
countersigning any such order until there shall be sufficient
funds in the treasury to meet such orders, together with the
orders which may then be outstanding. Provided, That this
act shall not apply to orders to pay the police force and city
officers.
til funds are in the
Council may
streets.
SEC. 3. That the City Council of the city of St. Paul shall
have power to alter or change the names of streets in the city change names of
of St. Paul, and in all the additions thereto, or in additions
which may hereafter be added thereto, and when any such
names of streets are hereafter changed by said Council, a
duly-certified copy of the resolution so changing said street
names, under the seal of said city, and attested by the city clerk,
shall, within ten days thereafter, be filed by said city clerk in the
office of the register of deeds of Ramsey county, and there duly and filed with
recorded in the book of plats, and the register of deeds shall Register of Deeds.
note such changes on the map or plat if the said map or plat
is filed in his office. And all changes of street names hereto-
fore made by the Common Council of said city, be and the same Registerto note
is hereby confirmed, and such changes as may have been here- changes on maps
tofore made, shall be filed in the office of register of deeds, and
noted on the plat or map.
and plats.
See revised charter
of 1869, page 64.
SEC. 4. That chapter eleven, of the charter of said city, ap-
proved March sixth, one thousand eight hundred and sixty-
eight, be and the same is amended as follows: In section four,
of said chapter, strike out after the words city prison where it
first occurs in said section, the following words: "And in all
cases where the said city justice is or may be authorized to This section is
commit any person for any other cause by virtue of the provi- See page 56.
sions of the charter of said city, he may commit such person
or persons to the common jail of Ramsey county or the city
prison.”
amended in 1871.
62
SEC. 5. That section eleven, chapter three, of the charter of
See revised charter, the city of St. Paul, be amended by striking out after the
1869, page 14. words "public peace," these words: "Nor to effect in any
manner the jurisdiction or powers of the court of common
pleas of the county of Ramsey, the district courts or supreme
Exclusive jurisdic- Court of this State," and inserting these words: And in all the
tion of City Justice. aforesaid offenses named in said sections, said city justice shall
і
Fines to whom
paid.
See revised charter
of 1869, page 30.
Work-house.
Public streets.
have exclusive jurisdiction, subject to the right of appeal as
herein provided, by either party to the district court or court
of common pleas of Ramsey county, or to the supreme court.
And all fines, forfeitures or penalties imposed or incurred for
offenses committed within the limits of the city of St. Paul,
shall, when collected, be paid into the treasury of said city,
whether the prosecutions were carried on in the name of the
State or city.
SEC. 6. That the thirty-sixth subdivision of chapter four, of
the charter of the city of St. Paul, approved March sixth, one
thousand eight hundred and sixty-eight, be amended as fol-
lows: Add to said subdivision thirty-six, of section three,
these words: And when prisoners, upon conviction before the
city justice, are sentenced to pay a fine for any offense, or to
be kept at hard labor in the work-house, or on the public streets
or public improvements to work out any fine and costs, they
shall be under the control of the sheriff of Ramsey county, who
shall put said prisoners to work on any public streets, or other-
wise, or on any improvements, either public or private, and
when such prisoners are put to work for any company, or pri-
Amended in 1871. vate person or persons, the sheriff shall charge and receive for
said prisoners' labor at least one dollar per day, and it shall be
the duty of said sheriff to account for and pay over all moneys
that may come into his possession for such labor, to the treas-
urer of the city of St. Paul, and take his receipt therefor
within thirty days from the receipt thereof. Said sheriff shall
furnish said prisoners all necessary tools and implements to
work with.
See page 56.
To pay over pro-
ceeds.
SEC. 7. That the municipal corporation of the city of St.
Paul is hereby authorized to levy assessments for local im-
City corporation to provements upon the property fronting upon said improve-
ments, without regard to a cash valuation. That such assess-
ments may be made for sidewalks, sewers, pavements, widening
or straightening streets or alleys, and other like improvements
levy assessments.
C
63
in said city. That said city is hereby authorized to appoint
commissioners to assess the amount that any property will be
benefited by such improvements, and to have the amount
assessed on such property, and said assessments shall be a
lien on such property until paid, and all such assessments
shall be collected as State or county taxes are collected. That
said city may levy assessments on each lot, block, piece, parcel
1-29.
or tract of land in said city, per front foot without regard to a See Board of Pub-
cash valuation for any such improvements, and to have the lic Works. Pages
expense or amount charged or assessed to said property, and
said assessment shall be a lien on such property, and if not
paid shall be collected as State and county taxes are collected.
That the said city may, by ordinance, prescribe the mode,
manner and time of making such improvements, and the notice
to be given to property owners, or otherwise, and the mode,
manner and form thereof, and prescribe the length of time in
which property owners shall make any desired improvements,
and said city is hereby authorized to pass all ordinances or
resolutions necessary to effectually carry out the authority
herein given. Provided, That the manner of making assess-
ments on property benefited by any improvements herein pro-
vided for, shall be by two or more competent disinterested
freeholders of the said city, appointed by the Common Council,
for the purpose, and said Common Council is hereby authorized
to prescribe the duties and compensation of said commissioners
in detail by resolution or ordinance. The said city may assess
the expense of constructing sidewalks, upon the lots, blocks,
or parts of lots or blocks for sidewalks heretofore constructed, sidewalk laws.
or which may hereafter be constructed fronting thereon. That
the sidewalk laws now in force, specially relating to the city of
,
St. Paul, may be fully enforced, without regard to a cash val- See Board of Pub-
uation.
SEC. 8. This act shall take effect and be in force from and
after its passage.
Approved March 4, 1870.
lic Works. Pages
13, 14.
64
AN ACT TO AUTHORIZE THE CITY OF ST. PAUL TO ISSUE
BONDS TO MEET ITS OBLIGATIONS TO REPAIR AND
KEEP IN REPAIR THE SAINT PAUL BRIDGE,
ACROSS THE MISSISSIPPI RIVER.
City may issue
$20,000 in bonds
for repair of bridge.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. The Common Council of the city of St. Paul,
be and they are hereby authorized to issue bonds under its
corporate seal, and signature of the mayor, comptroller and
city clerk, to an amount not to exceed twenty thousand dollars,
for the purpose of paying for the repairs of the St. Paul bridge,
across the Mississippi. The said bonds to be issued in sums
of not less than five hundred dollars each, with interest coupons
attached, and to bear interest at the rate of seven per cent.
per annum; said interest to be payable semi-annually in the
city of New York, and the principal shall be payable at any
time after the period of twenty years from the date of the issue
thereof; and the faith of the said city is hereby pledged for
the payment of the interest thereon, and for the ultimate pay-
ment of the principal thereof at maturity. Said bonds shall
not be sold or disposed of at less than eighty cents on the
dollar.
SEC. 2. This act to be in force from and after its passage.
Approved February 28, 1870.
AN ACT TO AUTHORIZE THE SCHOOL BOARD OF EDUCATION
OF THE CITY OF ST. PAUL TO ISSUE BONDS.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That "The Board of Education of the City of
St. Paul," is hereby authorized and empowered to issue the
65
to issue bonds for
school buildings.
bonds of the school district of the city of St. Paul, to the
amount of fifty thousand dollars, and negotiate the same, for Board of Education
the purpose of raising means for the erection of school build-
ings within said city, and fund the present floating debt.
Such bonds and the interest thereof shall be payable at such
time and place as the said board of education may determine,
but the principal not sooner than twenty years from the date
thereof, and the interest shall not exceed the rate of seven per
cent. per annum, payable semi-annually. Said bonds shall be
signed by the president and secretary of said board, and shall
refer to this act as the authority for issuing the same; and
shall pledge the faith of said school district to the payment of
the same; and it shall be the duty of the Common Council of
said city of St. Paul, to levy a tax upon the taxable property
of said district, to meet and pay the interest and principal of
said bonds as the same shall be payable in accordance with
the terms thereof,
SEC. 2. This act shall take effect and be in force from and
after its passage.
Approved February 28, 1870.
9
66
CITY ORDINANCES.
Amending ordi-
nance on page 258
of city charter,
1869.
AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED
INSURANCE AGENCIES, OFFICERS, &C., AP-
PROVED OCTOBER 7, 1869.
Be it ordained of the Common Council of the city of St. Paul,
That the ordinance entitled "Insurance Agencies, Officers,
&c.,” approved October seventh, one thousand eight hundred
of revised edition and sixty-nine, be and the same is hereby amended
So as to add these words: It shall not be lawful for
any fire, or marine, or life, or accident insurance, or any sort
or kind of insurance company or companies, incorporated by
any other State than the State of Minnesota, to establish
within the city of St. Paul any insurance agent or agencies,
All insurance com- or to directly or indirectly to take risks on life, or accident, or
panies to pay
license.
fire, or marine, or anything else, or transact any business of
insurance within the city of St. Paul, without first procuring a
license therefor from the city clerk, and the first section of the
above-entitled ordinance is hereby repealed, and all the other
sections of said ordinance shall conform to this amended ordi-
nance, and this shall be substituted in place of said section
one.
This ordinance to be in force from and after its publication.
Passed March 21, 1870.
L. E. REED,
President of Common Council.
J. J. WILLIAMS, City Clerk.
Approved March 23, 1870.
J. T. MAXFIELD, Mayor.
67
AN ORDINANCE RELATIVE TO WHARFAGE.
The Common Council of the city of St. Paul do ordain as
follows:
SECTION 1. That the first section of an ordinance, entitled
Wharfage, approved October ninth, one thousand eight hundred substitute for sec-
and sixty-nine, be and the same is hereby repealed, and said soc- of revised edition
tion one shall be and is hereby reordained as follows:
That every steamboat, or other vessel which may land or
anchor at or in front of any landing, wharf or pier, within the
limits of the city of St. Paul, shall, for each and every trip, be
charged and shall pay to the city of St. Paul the sum of four-
and-a-half cents per ton, for each and every ton such steamboat
or other vessel may register or measure. Provided, That no
boat shall pay more than twenty dollars for each trip, and all
boats may remain at the wharf, landing or pier three days from
the date of her arrival, without extra charge. Provided, Said
boat or other vessel does not interfere with the landing, unload-
ing, loading or departure of any other vessel.
All barges shall be charged two dollars and fifty cents for
each and every trip, and no more.
F
Barges that are towed exclusively as lighters to steamers
during low water, shall not be liable to any charge, but if they
are towed as freighters to increase the boat's business, they
are charged 4 cents per ton, like steamboats.
No steamer shall be rated at less than one hundred tons.
This ordinance to be in force from its publication.
Passed May 5, 1870.
WM. RHODES,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved May 7, 1870.
tion 1, on page 274
of city charter.
WM. LEE, Mayor.
68
AN ORDINANCE TO PREVENT ACCIDENTS FROM
TEAMS RUNNING AWAY.
SECTION 1. Be it ordained by the Common Council of the city
Teams to be secure- of St. Paul, that it shall not hereafter be lawful for any team-
ly hitched.
than $10 nor more
than $100.
ster or driver or owner, or any person or persons having in
charge any team attached to any vehicle within the city of St.
Paul, to leave the same standing in or along any public street
in said city, without being securely hitched or fastened, or
without being held by some one securely.
SEC. 2. If any horse or horses attached to any wagon, cart,
Penalty-not less dray, buggy, carriage, hack, omnibus, or other vehicle of any
kind, runs away on any street, alley, or public ground, wharf,
depot, or landing in said city, not being tied, hitched, held, or
fastened, or by reason of any neglect, omission, or failure to
comply with the provisions of the first section of this ordi-
nance, or by reason of any carelessness of the driver, teamster,
owner, or other person or persons having the same in charge,
they shall be subject to a fine not less than ten dollars, nor
more than one hundred dollars, and it is hereby made the ex-
press duty of every police officer, or other person having the
powers of a policeman or police officer, to seize and take any
horse or horses attached to any vehicle on the streets or street,
or any of the places above named, the same not being tied,
hitched, fastened, held, or secured in the ways above provided,
and cause the driver, teamster, owner, or person having the
same in charge, to be arrested, and to appear and prosecute
such offender before the city justice.
Does not apply to
Proviso.
SEC. 3. The provisions of this ordinance shall not be con-
drays, trucks, &c. strued to apply to drays, trucks, carts, or wagons, while load-
ing or unloading any goods, wares or merchandise, on the
steamboat levee or on the public street; Provided, The dray-
man, teamster, or person in charge thereof stays near by and
within reach of his team, promptly to control said team; any
person or persons violating any of the provisions of this ordi-
nance, shall be subject to a fine of not less than ten dollars,
ner more than one hundred dollars, upon conviction before the
city justice.
69
the right-penalty.
SEC. 4. All teams passing each other on any public street in
the city shall pass to the right in all cases where it is possible, Teams to pass to
and any damage done to any person or persons, or vehicles or
property, by reason of any willful failure to comply herewith,
shall subject the wrong-doer to pay a fine of not less than five
dollars, nor more than twenty-five dollars, upon conviction be-
fore the city justice.
This act to take effect from and after its publication.
Passed June 9, 1870.
M. J. O'CONNOR, City Clerk.
Approved June 10, 1870.
H. J. TAYLOR,
Vice-President of Council.
WILLIAM LEE, Mayor.
AN ORDINANCE TO ASSESS UPON THE LOTS, BLOCKS, OR
PARCELS OF LOTS OR BLOCKS, THE EXPENSE OF
IMPROVEMENTS FRONTING THEREON.
Street Commis-
notice.
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. When the Common Council shall deem it proper
to order sidewalks to be built on any public street in said city,
it shall, by resolution, direct the street commissioner to publish sioner to publisë
in the official paper of the city a notice to the property-owners
fronting on the same side of the street where the sidewalk is to
be, giving the owner's name if known, the number of the lot
and block, or part of lot or block, and addition, naming the
width and material, proceed to the construction thereof and
finish it complete, within thirty days from the first publication
of said notice, to the acceptance of the street commissioner
and city engineer.
sidewalk not com-
pleted within thir-
SEC. 2. If said sidewalk is not completed within thirty days,
the street commissioner shall report the same to the city clerk,
who shall at once publish in the official paper of said city a ty days-Street
notice for proposals or bids to build said sidewalks within thirty
days from the time the bid or bids are accepted and approved
Commissioner to
report.
70
vertise for propo-
sals to build side-
walks.
by the Council, and the lowest and best bidder has entered into
City Clerk to ad- contract as required by the Council, said notice shall give the
name of the owners of the lots or blocks fronting thereon, and
the width and material of which the sidewalk is to be built,
which shall in all cases be hammer-dressed stone, wond, or
concrete, and such notice shall distinctly state that payment is
to be made when the amount is collected from the owners, or
when it is collected from the property as other taxes are col-
lected as provided by law.
Contractor not to
hold city until
money is paid into
city treasury.
Bids to be based on
the grade now or
ed-what to include
SEC. 3. The person or persons taking the contract to build
said sidewalk or sidewalks, shall specially contract not to hold
the city responsible, directly or indirectly, for the amount.
thereof, or any part of the same, until the same comes into the
city treasury for the work thus done on said sidewalks fronting
said lot, lots or block, or part of lot or block.
SEC. 4. The bids for constructing sidewalks shall be based on
building them on the grades as now fixed, or as they may here-
hereafter to be fix- after be fixed, and shall include curbs and gutters, and such
grading as may be necessary to correspond with the street
grades, and to have the same completed within the time fixed
in section two, of this ordinance.
build sidewalks-
names to be filed
with City Treasu. er
SEC. 5. Where the owner fails to build his own sidewalk as
herein provided, and the same has to be done by contract as
Owner failing to provided herein, it shall be the duty of the street commissionér
to report to the city clerk a list of the names of the owners,
and number of the lot or lots, or parts of lots and addition to
which they may belong, fronting which sidewalks have been
built by contract aforesaid, in succinct tabular form, giving the
amount to be assessed against each lot or part of lot, where-
upon the said city clerk shall file the same with the city treas-
who shall record the same at once in a book to be kept
specially for that purpose.
Book to be kept.
Treasurer to pub-
lish list.
Penalty of 12 per
cent. added.
urer,
Immediately after receiving and recording said list and as-
sessment, it shall be the duty of the city treasurer to publish
said list and assessment in the official paper of the city with a
notice to the owners, if known, of said lots or parcels of land
therein described, to come forward and pay the amount of such
assessment to said city treasurer within thirty days from the
date of the first publication of such notice, and that, in default
of such payment within said time, a penalty of twelve per cent.
will be added to the said assessments upon said lot or lots.
*
71
facie evidence of
That such notice, with proof of publication, shall be prima facie Notice to be prima
evidence of the regularity and legality of such assessment, and regularity.
of all proceedings thereon as provided in section eight, of the
act of the Legislature, approved February twenty-fourth, one
thousand eight hundred and sixty-nine.
Treasurer to keep a
SEC. 6. It shall be the duty of the city treasurer to keep a
record of all payments made on account of such assessments, record of all pay-
and give his receipts therefor, which receipts shall be audited ments.
and countersigned by the Comptroller before their delivery to the
person entitled thereto. If payments in full are not made for
such improvements within thirty days after publication of said
notice, it shall be the duty of the treasurer to add a penalty of
twelve per cent. for such non-payment, and to collect such
penalty upon any subsequent payment on such assessments.
Such payments shall be kept as a separate fund to be paid to kept as separate
the contractor for building such sidewalks, or his assigns.
Payments to be
fund.
Nov. 1.
SEC. 7. On or before the first day of November of each year,
the city treasurer shall return such list or lists and assessments
to the city comptroller, with a statement of all assessments To return list to
and penalties paid and collected, and all assessments and pen- Comptroller by
alties unpaid against each lot or parcel of land. Whereupon
the city comptroller shall make out a consolidated list and
statement of all such delinquent assessments and penalties,
and of the several lots or parcels of land charged therewith,
and the names of the owners, if known, and duly certify the
same, and deliver the same to the county auditor of Ramsey
county, on or before the tenth day of November of each year. To be given to
The said county auditor shall thereupon proceed as provided by Nov. 10.
in the eleventh section of the act of the Legislature relating
to sidewalks in the city of St. Paul, approved February
twenty-fourth, one thousand eight hundred and sixty-nine.
Passed June 9, 1870.
County Auditor
H. J. TAYLOR,
Vice-President of Council.
M. J. O'CONNOR, City Clerk.
Approved June 10, 1870.
WILLIAM LEE, Mayor.
72
t
lic Works.
Money to be set
AN ORDINANCE TO PROVIDE FOR GRADING AND IMPROV-
ING STREETS, AND THE MODE OF PAYING FOR SEWERS
CONSTRUCTED, OPENING STREETS, AND PAYING
FOR PROPERTY TAKEN FOR PUBLIC USE,
AND FOR OTHER PURPOSES.
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. That so much of the three mills assessed on the
Seo Board of Pub- property in the city of Saint Paul, under subdivision four, of
section four, of chapter five, of the charter of said city of
Saint Paul, approved March six, one thousand eight hundred
and sixty-eight, for "a street improvement fund," as is annu-
apart for construct- ally realized from the real estate and improvements thereon,
in each of the several wards as now organized, or as they may
hereafter be organized, shall be specially set apart in the
treasury of said city, to pay for constructing sewers, and to
pay for property taken for public use, and for grading or pav-
ing streets and alleys, in such ward in the exact proportion
realized from the said real estate and improvements thereon in
each ward.
ing sewers.
Funds to be set
apart for keeping
SEC. 2. That so much of said three mills assessed on the
personal property in said city, when received into the city
treasury for street improvement funds, shall be specially set
apart for keeping streets, alleys, public grounds and sidewalks
&c., in repair-not in repair and for building the street crossings on all new streets
that may hereafter be improved, and said fund shall not be
used or paid out for any other purpose whatever.
strects, alleys, &c.,
to be used for any
other purpose.
Widening or
straightening
SEC. 3. That widening or straightening streets being local
in character, shall be done at the expense of the property
specially benefited by such widening or straightening of the
same. That when the City Council shall determine to straigh-
streets to be done at ten or widen any particular street, proceedings shall commence
y benefited. by the due appointment of commissioners to assess the dama-
ges or value of the land or lands and tenements, to be taken
as provided in chapter seven of the city charter, approved
March six, one thousand eight hundred and sixty-eight.
expense of proper-
SEC. 4. That after the commissioners shall have valued the
73
1
be elected-duties
property taken for such widening or straightening streets, &c.,
and made due return thereof as now provided by the charter Commissioners to
of one thousand eight hundred and sixty-eight, the Council of.
shall elect one person from each ward, as commissioners to
assess the entire cost of such widening or straightening streets
or street, with the costs and incidental expenses incurred
therein by said city, on the real property which will be bene-
fited by the said improvement, as nearly just and equitable as
practicable. Said commissioners shall be electors, household-
ers and freeholders, in the city of St. Paul, and disinterested
as to said damages, value of property taken, or benefits to be Qualifications of
assessed, except as citizens in common, and in all respects
men of good qualifications for such purpose. Said commis-
sioners shall be notified in writing, personally, of their election
and shall meet together within ten days after their notice of
election, and order notice to be published in the official paper
of the city of the time and place of their meeting, to make
such assessment of benefits.
commissioners.
Commissioners to
SEC. 5. The commissioners to assess the value and damages
for private property taken for public use, and the commission- receive $2 per day.
ers to assess the benefits to property by widening or straight-
ening streets, shall each be paid out of the city treasury two
dollars per day for each day's actual service and no more, and
the same shall be paid out of the general fund, in the first
place, but the compensation thus paid to the commissioners
appointed to assess benefits, shall be included in the aggregate
costs for widening or straightening streets, and collected from
the real property benefited, and thus come back into the city
treasury, and credited to the general fund.
SEC. 6. That the value or damages to be paid to persons
provement fund.”
for private property taken for public use, shall be paid out of Damages to be paid
the "street improvement fund" collected from the real estate out of "street im-
and the improvements thereon, in the ward where such private
property so taken may be situate. Said commissioners shall
call to their assistance the city surveyor, if needed in any case,
and said surveyor shall respond to such call and meet with
such commissioners and make such surveys, maps, plats, cal-
culations and estimates as required by said commissioners in
the premises, and when said commissioners have completed
their assessments, they shall make an abstract of the lot,
10
Commissioners to
make abstracts of
bloc
lot, block, addi-
tion, &c.
!
74
Abstract, what to
show.
block, addition, owner or owners which will be benefited by
said widening or straightening said street or streets, showing:
First The whole amount of the cost to the city of such
improvement, including the compensation of the commission-
ers to assess the value of the property taken, cost of printing,
and other necessary expenses.
Second-The benefits conferred on each lot or parcel of land
and the date of the assessment of such benefits, names of
owners, lots, blocks, addition, etc.
Third-The compensation to be paid to the commissioners
to assess benefits and the printing and incidental expenses
thereof.
Fourth-They shall then charge the aforesaid aggregate
amount to the said lots or lot, benefited, equitably, according
to the pro rata benefits conferred by such improvement and
return the same to the City Council, which shall have power to
confirm or revise the same, whereupon said City Council shall
transmit the same when so confirmed or revised by them, to
the city treasurer, who shall record the same in a book to be
kept for that purpose, and then said city treasurer shall forth-
with publish said assessment of benefits, with the lists of lots
and names of the owners if known, and the amount to be paid
by each lot or part of lot, with notice to the owners to pay
said assessment to the city treasurer within thirty days from
the day of said publication, and a further notice that if said
assessed benefits are not so paid within said thirty days, that
twelve per cent. penalty will be added to said assessment as
provided by law in section eight of the law relating to side-
walks, approved February twenty-four, one thousand eight hun-
dred and sixty-nine.
Then, when due proof of publication of such notices are
made, and the proceedings of said commissioners filed in the
city clerk's office, the same shall be prima facie evidence of the
legality and regularity of said assessments, notices and pub-
lication, and all acts and things done in the premises.
SEC. 7. It shall be the duty of said city treasurer to keep a
record of all payments made on account of said assessments
of benefits, and give his receipts therefor, and in default of
said payment in thirty days after notice as aforesaid. It shall
be the duty of said treasurer to add a penalty of twelve per
cent. for such default, and collect the same thereafter, and all
75
payments so made for the benefits so assessed shall be kept as
a separate fund for widening and straightening streets.
to Controller.
sent to Auditor of
SEC. 8. On or before the first day of November, in each year,
the city treasurer shall return all such lists of assessments Lists to be returned
paid, and all that remain unpaid and delinquent with the pen-
alties thereon to the city comptroller, and whereupon said city
comptroller shall make out a consolidated list and statement of
all such delinquent and unpaid assessments of benefits afore- statement to be
said with the penalties thereon, and list of the several lots or consolidated and
parcels of land chargeable therewith duly certify said consoli- county.
dated list, and deliver the same to the county auditor of Ram-
sey county, Minnesota, on or before the tenth day of Novem-
ber, in each year, the said county auditor then to proceed to
collect the same as other county and State taxes are collected,
and payment thereof enforced as provided by law, and when
collected pay the same over to the city treasurer as other city
taxes, but said city treasurer shall keep the sums so collected to be kept for costs
for said assessed benefits exclusively to pay the sums, amounts
and claims with all the costs for such widening and straighten- streets, &c.
ing streets aforesaid, and for no other purpose whatever.
Passed July 14, 1870.
H. J. TAYLOR,
Vice-President of Council, Acting President.
M. J. O'CONNOR, City Clerk.
Approved July 27, 1870.
WILLIAM LEE, Mayor.
Amounts collected
of widening and
straightening
AN ORDINANCE RELATING TO THE TUNNELS OF THE
ST. PAUL WATER COMPANY.
The Common Council of the City of St. Paul do ordain:
SECTION 1. Whenever any tunnel heretofore or hereafter con-
structed under any public street, by the St. Paul Water Com-
pany, for the purpose of laying its pipes, shall intersect with
or cross any sewer or tunnel for the purpose of sewerage, con-
structed under, along or across any public street, whether con-
Water Company
may erect gate or
door in crossing
sewers.
76
Gate not to ob-
struct flow of wa-
ter through sewer.
Officers or agents
of company only,
to unlock gate.
Penalty.
A
structed by the city or by private person, said company may,
for the purpose of protecting its said tunnel and pipes, erect
and maintain a gate or door with a lock thereon in and across
such tunnel or sewer, so intersected with or crossed by the
tunnel of said company, and may keep said gate or door locked,
except when the same shall be opened as hereinafter provided.
Such gate or door shall be erected and maintained, so as not
to obstruct, or in any manner to interfere with the free flow of
water through and along the tunnel or sewer, in and across
which such gate or door shall be erected.
SEC. 2. No persons except the officers or the agents of said
company shall unlock, open, or pass through any of said gates
or doors, without written permission from such water com-
pany.
SEC. 3. Any person except the officers or agents of said
company, who shall, without such written permission, unlock
or open any such gate or door, or who shall break or injure the
same or the lock thereon, shall, for each and every offense, be
fined not less than twenty-five nor more than one hundred
dollars.
Passed January 3, 1871.
W. P. MURRAY,
Vice-President, Acting President of Council.
Official-M. J. O'CONNOR, City Clerk.
Approved January 6, 1871.
WILLIAM LEE, Mayor.
AN ORDINANCE REPEALING AN ORDINANCE IN REGARD
TO TAVERNS AND TAVERN-KEEPERS.
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. That an ordinance in relation to Taverns and
Tavern-Keepers, approved October ninth, one thousand eight
hundred and sixty-nine, be and the same is hereby repealed.
1
77
This ordinance to be in force and after its publication.
Passed January 11, 1871.
H. J. TAYLOR,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved January 14, 1871.
WILLIAM LEE, Mayor.
The Common Council of the City of St. Paul do ordain as fol-
lows:
hitched to fire
SECTION 1. Any person who shall hitch or tie any horse or
other animal to any fire plug now or hereafter erected by the Horses not to be
St. Paul Water Company, or shall carelessly deface, injure or plugs-damaging
damage any such fire plug, or shall remove the cap from the fire plugs, penalty.
nozzle of any fire plug, shall, upon conviction for every such
offense, pay a fine of not less than ten (10) or more than one
hundred dollars.
Penalty for open-
out permission.
SEC. 2. Every person who without authority of the chief
engineer of the fire department, or of the St. Paul Water Com- ing fire plugs with-
pany, except as provided in section four of this ordinance,
shall open any such fire plug, shall, upon conviction thereof,
pay a fine not less than twenty-five dollars nor more than one
hundred dollars.
except in case of
SEC. 3. No person belonging to the fire department shall, Not to use fire plugs
except in the case of fire, use such fire plugs for the purpose fire or by permis-
of practicing with hose or engine, without express permission sion from Chief
given for that purpose by the chief engineer of the fire depart-
ment.
Engincer.
have charge of fire
SEC. 4. The chief engineer of the fire department shall have
authority to and shall prescribe the manner in which all fire
plugs shall be closed, and no person shall have authority to Chief Engineer to
open or close, or partially open or close any fire plug, except plugs.
the chief engineer, except in case of fire. Every person of
fending the provisions of this section shall pay a fine of ten
(10) dollars and be removed and displaced from his station
4
78
and as a member of the fire or hose company to which he may
belong.
Passed January 11, 1871.
H. J. TAYLOR,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved January 14, 1871.
WM. LEE, Mayor.
}
Trains not to be
run faster than 4
miles per hour.
AN ORDINANCE REGULATING RAILROADS OPERATING
WITHIN THE LIMITS OF THE CITY OF ST. PAUL,
AND FOR THE SECURITY OF LIFE AND
PROPERTY.
1
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. That no railroad company or corporation, or
their agents or employees, shall run a locomotive or train of
cars, or single car, within the limits of the city of St. Paul, at
a greater speed than four miles per hour, nor without having
and ringing a bell of sufficient size at all times while so in
motion; and no railroad company or corporation, or their em-
ployees, shall blow the whistle of a locomotive within the
limits of the city of St. Paul. Provided, That the require-
ments of this section shall not apply to locomotives or cars
while running on the track of the St. Paul and Sioux City
Railroad and the Milwaukee and St. Paul Railroad west of a
point three hundred feet west of the crossing of Chestnut
street, in the Fourth ward, nor to trains and locomotives run-
ning on the trestle work fronting the Mississippi river, in the
First and Fifth wards, east of a point three hundred feet east
of the elevator on the St. Paul and Pacific Railroad. And
provided further, That trains on the St. Paul and Pacific Rail-
road and on the Lake Superior and Mississippi Railroad, while
running north, may run at a rate of speed not exceeding five
miles an hour.
SEC. 2. The St. Paul and Sioux City Railroad Company
A
J
I
79
*
to construct sign
and the Milwaukee and St. Paul Railroad Company, shall upon
publication of this ordinance, cause the immediate construc- St. P. & S. C. R. R.
tion and maintenance of a sign board across their track, with board.
the words, "Ring the Bell," painted thereon in large and plain
letters, at a point three hundred feet west of Chestnut street,
in the Fourth ward of this city.
.
To employ flag-
crossings when
Council.
and maintain gas
light lamps at
required.j
SEC. 3. Whenever so required by resolution of the Common
Council, it shall be the duty of every railroad company whose man on street
track crosses any street or road in the city limits, to keep and required by
employ a flagman at such particular street or road crossing,
as the City Council may direct, and such flagman shall give
the necessary warning of the approach of all locomotives,
trains, or cars, to avoid danger to persons and property.
SEC. 4. Whenever public safety may require it, and when- Road to construct
ever so directed by resolution of the Common Council, it shall
be the duty of the several railroad companies running trains crossings when
or cars or locomotives in the city limits, to erect, keep and
maintain gas light lamps at their railroad crossing over any
particular street, road, or public grounds, and to keep such gas
lamps lighted by night, at the time or times when the city gas
lamps are lighted; and at any point where lamps are so ordered
by the Common Council to be erected, and gas cannot be pro-
cured, said railroad companies may use oil lamps until gas can
be conveniently procured. Such lamps shall have iron posts,
and be of the same height and dimensions as the gas lamps
and posts now used in the streets of the city of St. Paul.
SEC. 5. In case of neglect or refusal of any railroad com- Neglect a refusal.
pany to comply with a resolution of the Common Council under
the provision of the foregoing section, said Common Council
may cause the construction and lighting of such lamp or lamps,
at the expense of said railroad company, and may recover the
cost thereof, with damages and penalties, by prosecution before
any court of competent jurisdiction.
Penalty.
obstructed.
SEC. 6. No railroad company or their agents or employees, Streets not to be
or any other person, shall obstruct any public street or high-
way with locomotives, cars, freight, goods, wares or mer-
chandise, nor in any way obstruct the free and clear passage
for vehicles and foot-passengers to and from the public levee,
through the usual avenues of egress, nor shall any railroad
company, their officers or employes be permitted to stop a train
of cars, or locomotives, on any street crossing, neither for
80
Rules governing
companies in ma-
switching nor any other purpose whatever, except to prevent
accident in case of immediate danger.
SEC. 7. No railroad company, or their employees, shall ex-
cavate or fill any street, road or alley, or any part thereof, for
the construction of a railroad crossing or any other purpose,
without complying with the following regulations :
1st. Such railroad company shall, before commencing any
excavation, or filling on any of the streets, roads, or alleys of
king excavations. the city, report to the Common Council a full and explicit plan
of the contemplated work, and obtain permission of Council,
for the proposed grading.
All regulations to
conform to this
ordinance.
2d. After such permission has been granted by the Common
Council, such grading shall be commenced forthwith, and be
fully completed within four weeks.
3d. Upon the completion of any grading for railroad cross-
ings, the same shall be submitted to the Common Council for
their inspection, and when adopted, to the satisfaction of the
Council, the rails for such crossing may be laid, but not
before.
•
4th. The approaches of any railroad crossing as above re-
ferred to shall be constructed on a grade of not more than six
feet in one hundred feet for the full width of the street, road
or alley, and shall be kept in good repair by the respective
railroad company, and at their cost and expense.
5th. The railroad tracks at such crossings and their ap-
proaches, for three feet or more, shall be properly planked by
two-and-a-half inch planks, for the full width of the street,
road, or alley, the planks to be laid even with the top of the
rails. The space between the planking and the rails shall not
exceed two inches. Said planking to be renewed whenever
necessity may require it, or when directed by the Common
Council.
SEC. 8. All railroad companies having any railroad crossing.
over any traveled street, road, or alley, in the city limits, not
in accordance with the regulation contained in this ordinance,
are hereby required to make the same conform thereto at once,
and not later than four weeks after the passage of this ordi-
nance.
SEC. 9. Any railroad company or corporation, or their
agents, engineers, conductors or employees, or any other per-
son, who shall violate, or refuse, or neglect to comply with any,
81
of the provisions of this ordinance, shall, upon conviction
thereof before any court of competent jurisdiction, be punished Penalty.
by a fine of not less than seventy-five nor more than one hundred
dollars, or by imprisonment for not less than ten nor more than
thirty days, for each offense; provided, that whenever any con-
ductor, engineer, or other employee of any railroad company
shall violate any of the provisions of this ordinance, contrary
to the instructions and regulations of such railroad company,
and when such railroad company shall furnish to any city offi-
cer, applying therefor, the name of the person so violating,
and, upon conviction of such person, such railroad company
shall be relieved from the penalties imposed by this section.
SEC. 10. This ordinance shall be in force and take effect
from and after its publication in the official paper of the city.
Passed February 27, 1871.
H. J. TAYLOR,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved March 2, 1871.
WILLIAM LEE, Mayor.
AN ORDINANCE TO REGULATE HACK STANDS.
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. That the public hacks licensed to convey pas-
sengers from point to point in and out of the city of St. Paul,
shall not be allowed to stand in waiting for employment on any where hacks shall
street, alley or public place within said city except as follows:
At any point or place by the side of the curb or sidewalk on
the south side of Fourth street, between Jackson and Robert,
in the Second ward.
At any point between Fourth and Fifth streets, on Washing-
ton street, by the side of the curb or sidewalk.
At any point on the south side of Third street, next the curb
or sidewalk, between Wabashaw and St. Peter streets, and no-
where else.
stand.
11
82
SEC. 2. Any owner, driver or person in charge of any such
public hack, who shall stand in or by the side of any street,
alley or public grounds, for a time longer than necessary to let
out or take in passengers for conveyance, shall be subject to a
fine of not more than ten dollars for each offense, and costs,
upon complaint before the city justice.
Passed April 25, 1871.
M. J. O'CONNOR, City Clerk.
Approved April 27, 1871.
J. T. MAXFIELD,
President of Common Council.
WM. LEE, Mayor.
See page 81.
AN ORDINANCE TO REPEAL AN ORDINANCE ENTITLED
"AN ORDINANCE TO REGULATE HACK STANDS."
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. That an ordinance entitled an ordinance to reg-
ulate hack stands, approved April twenty-seven, one thousand
eight hundred and seventy-one, be and is hereby repealed.
SEC. 2. This ordinance shall take effect from and after its
publication.
Passed July 18, 1871.
M. J. O'CONNOR, City Clerk.
Approved July 22, 1871.
J. T. MAXFIELD,
President of Common Council.
WM. LEE, Mayor.
83
AN ORDINANCE RELATING TO THE DUTIES OF THE
CHIEF OF POLICE AND CITY JUSTICE.
Be it ordained by the Common Council of the City of St. Paul,
Minnesota:
names of persons
contain.
SECTION 1. That after the passage of this ordinance, it shall
be the duty of the chief of police of the city of St. Paul to chief of Police to
keep a record, in a book to be prepared for that purpose, of all keep record of
persons arrested, with their names, their place of residence, if arrested—what to
known, the time when arrested, the nature or name of the
offense with which they are charged. If committed to jail,
when and where so committed, when, where and before whom
tried or examined, whether convicted or acquitted, the amount
of fine, or length of imprisonment, whether said fine was paid,
and the amount, with the amount of costs paid, and to whom.
regular meeting of
SEC. 2. It shall be the duty of said chief of police to report To report at every
a transcript of the said books, records and entries at every City Council.
regular meeting of the Common Council, and it shall be the
duty of said chief of police to produce or exhibit said books,
records and entries to the Council, or any committee thereof,
when so requested by said Council, or by the said committees.
SEC. 3. It shall also be the duty of the city justice to report
to the Common Council at every regular meeting, semi- City Justice to
monthly, a complete abstract, showing the name of every per- monthly—what re-
son tried or examined before him, the offense with which he,
she or they are charged, the fine or other punishment,for both,
the amount of fine and costs, whether paid, or if committed,
when and where, and for how long. Whether the prosecution
was in the name of the city of St. Paul or the State of Minne-
sota, and pay over to the city treasurer all moneys in his hands,
semi-monthly, and report the same to the Council.
report semi-
port to contain.
Duty of Common
SEC. 4. It shall be the duty of the Common Council to refer
the said reports of the chief of police and the reports of the city Council.
justice to the committee on public accounts, who shall care-
fully examine the same and report the result monthly to the
Council.
SEC. 5. Any willful neglect or willful refusal of said officers
84
Penalty for neglect to do and perform the duties enjoined by this ordinance, shall
subject them to removal from office, as is prescribed in section
(3) three, chapter (2) two, of the city charter.
This ordinance to take effect and be in force from and after
its passage and publication.
M. J. O'CONNOR, City Clerk.
Approved July 1, 1871.
After being presented to the Mayor, the same became a law,
not being returned in five days.
Substitute for Sec-
in regard to in-
&c., on page 258,
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. The ordinance of the city of St. Paul, entitled
"Insurance, agencies, officers, &c.," approved October ninth,
one thousand eight hundred and sixty-nine, is hereby amended
so that section one of said ordinance shall be as follows:
It shall not be lawful for any fire, or marine, or life insurance,
tion 1 of ordinance or any other kind of insurance, company or corporation, to
surance agencies, establish within the city of St. Paul any agency or agencies, or
revised edition of directly or indirectly to take any risks, or transact any business
city charter of 1869. of insurance within said city of St. Paul, without first pro-
curing a license from the city clerk of said city as hereinafter
provided. And the said first section of said ordinance hereto-
fore in force is hereby repealed, and the above section substi-
tuted therefor.
The ordinance shall take effect and be in force from and after
its publication in the official paper of the city.
Passed July 5, 1871.
J. T. MAXFIELD,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved July 7, 1871. -
WM. LEE, Mayor.
85
AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED AN
ORDINANCE TO ESTABLISH THE FIRE LIMITS
OF THE CITY OF ST. PAUL.
See revised ordi-
226.
Be it ordained by the Common Council of the City of St. Paul:
SECTION 1. That section one (1) of an ordinance to establish
the fire limits of the city of St. Paul, approved October ninth, nance of 1869, page
one thousand eight hundred and sixty-nine, is hereby amended
so as to exclude from the operation of said section the north
two-thirds of lots five and six, of block number twenty-eight,
of the original town, now city, of St. Paul.
SEC. 2. This ordinance to be in force from and after its
passage.
Passed July 26, 1871.
!
M. J. O'Connor, City Clerk.
Approved July 29, 1871.
J. T. MAXFIELD,
President of Council.
WILLIAM LEE, Mayor.
AN ORDINANCE RELATING TO THE STORAGE AND SALE
OF PETROLEUM AND OTHER DANGEROUS LIQUIDS, AND
TO PROVIDE FOR THE APPOINTMENT OF AN
INSPECTOR OF MINERAL OILS.
The Mayor and Common Council of the City of St. Paul do
ordain as follows:
to be kept within
city limits.
SECTION 1. It is hereby declared to be unlawful for any per-
son, persons, firm or corporation to store or keep for sale Certain fluids not
within the corporate limits of the city of St. Paul any crude
petroleum, gasoline, naptha, benzine, camphene, spirit gas, or
fluids containing any materials, of an explosive character and
used for illuminating purposes, except in the manner herein-
after provided.
86
must stand a fire
test of 110 degrees
Fahrenheit.
SEC. 2. It is also hereby declared to be unlawful for any per-
Illuminating fluids Son, persons, firm or corporations to keep for sale, or on
storage, any refined carbon oil, kerosene, or other products for
illuminating purposes, of coal, rock, or earth oils, except such
refined oils as will stand a fire test of one hundred and ten
degrees of Fahrenheit, according to the usual tests made in
the process of testing such kinds of oil, and it shall be unlaw-
ful to keep any quantity of either of said articles exceeding
one barrel over night, and six barrels during the day-time, in
any part of building except such building is deemed to be fire-
proof by the chief engineer of the fire department of the city
of St. Paul, who may give a permit therefor, as is hereinafter
provided. Provided, that any buildings sufficiently removed
and detached from other building may be accepted as such a
warehouse.
Not to remain in
streets, alley's, &c.,
longer than eight
hours.
Certain permit to
be granted by Chief
Engineer Fire De-
partment.
Inspector to be
elected.
SEC. 3. No crude petroleum, gasoline, naptha, benzine, car-
bon oil, camphene, spirit gas or burning fluid shall be kept or
stored in front of any building on any street, alley, sidewalk,
wharf or lot for a longer time than is sufficient to receive it in
store or deliver the same, and in no case shall such time ex-
ceed eight hours.
SEC. 4. Any person, persons or corporation having within
the city of St. Paul a fire proof building or warehouse exclu-
sively used for the storage of such articles as are named in the
first and second sections of this ordinance, and properly ven-
tilated for that purpose, may apply to the chief engineer of
the fire department of said city for a permit to use such build-
ing for such purpose; and if such permit shall be granted by
said chief engineer, he shall state therein the time or period in
which such building may be used for such purpose, and make
quarterly reports thereof to the Common Council, and during
the time such permit shall remain in force the parties using
such warehouse shall not be subject to the provisions of the
first and second sections of this ordinance, except so far as
such provisions relate to the fire test, and the provision in
section three relating to the storage of such articles on streets,
alleys, sidewalks, lots or wharfs.
Sec. 5. As soon as practicable after the passage of this or-
dinance, the Common Council shall elect an inspector of min-
eral oils, to hold his office until the first day of May, A. D.
one thousand eight hundred and seventy-two, when a new
87
election to said office shall be made, to hold for the term of
two years, and thereafter such appointment shall be made
biennially.
SEC. 6. The inspector so appointed shall be a suitable per-
son, qualified to discharge the duties of his office, who is neither Dutics of Inspector
directly or indirectly interested in manufacturing, vending or
selling, either as principal or agent, any of the articles men-
tioned in this ordinance. Said inspector shall, at his own
expense, provide himself with all the necessary instruments
and apparatus for making true tests of the quality of the said
articles named and referred to in sections one and two of this
ordinance, and it is hereby made his duty to examine and test
the quality of all said oils and products, that he shall be re-
quested to test by any importer, dealer or vender thereof, and
if upon such testing and examination the oils so tested and
examined shall me the requirements of this ordinance, he shall
brand the same with the date of examination, his name and
this device, "Approved," the fire test being on each pack-
age, cask or barrel containing oil, and it shall then be lawful
for the dealer to sell the same; but if the oil so tested shall
not meet the requirements of this ordinance, he shall mark
upon each package, cask or barrel this device, "Condemned as
dangerous for illuminating purposes," the fire test being,
and it shall be unlawful for the owner or owners of such con-
demned oil to offer the same for sale, or to sell the same within
the limits of the city of Saint Paul for illuminating purposes.
-
SEC. 7. The inspector provided for in this ordinance may
charge, not to exceed eight cents for inspecting or examining
each package, cask or barrel, and collect the same of the party
or parties employing him. He may also if necessary, appoint,
subject to approval of the mayor and Common Council, one or
more deputies, for the proper discharge of whose duties he
shall be accountable, and such deputies, when so appointed,
are hereby empowered to perform the duties of inspector.
Fees of Inspector.
oath of office with
City Clerk.
SEC. 8. Every person appointed inspector or deputy inspec-
tor of mineral oils, shall, before entering upon the duties of Inspector to file
his office, take an oath or affirmation to perform the duties of
his said office with fidelity and impartiality, and file the same
with the city clerk, and shall also execute to the city of St.
Paul a bond with two sureties, to be approved by the mayor,
in the sum of five thousand dollars, conditioned for the faith-
88
1
Bond in sum of
ful and impartial performance of the duties imposed upon him,
$5,000 to be given. which bond shall be for the use of any and all parties aggrieved
by the acts of such inspector.
Inspector not to
SEC. 9. No inspector or deputy inspector, while in office
shall buy, sell, bargain, or otherwise deal or trade in any article
deal or trade in ar- which they are appointed to inspect; and for any such viola-
tion of the provision, or any other violation of this ordinance,
he shall be liable to a forfeiture of his bonds.
ticle to be inspeted.
Inspector to return
true accounts.
SEC. 10. Every inspector or deputy inspector shall, within
twenty-four hours after the inspection of any oils hereinbefore
mentioned, return a true and accurate account thereof to the
party or parties employing him, and shall make an entry of all
oils inspected in an intelligible manner in a book prepared for
To enter in books. that purpose, which book shall be open to the inspection of all
parties during the usual business hours of the day; and every
inspector or deputy inspector may be removed by the mayor for
incompetency, neglect of his duties, or other sufficient cause,
and a new appointment made to fill such vacancy.
May be removed
by Mayor.
Penalty for violat-
SEC. 11. Any person, persons, or corporations who shall
violate either of the provisions of this ordinance, or who shall
use or refill casks, barrels, or packages having the inspector's
brand thereon, for the purpose of fraudulently evading the
ing this ordinance. Conditions and provisions of the same, or shall mark the in-
spector's device, or any marks purporting to be marks of in-
spection on any cask, barrel or package, or any of the articles
named or referred to in this ordinance, or shall offer for sale or
sell within the city of Saint Paul any of said oils that have
not been examined and inspected by the inspector of mineral
oils, or his deputy, shall be subject to a fine of not less than
fifty dollars nor exceeding two hundred dollars for each offense,
to be prosecuted for and collected as other fines and penalties
are collected in the city of St. Paul.
Penalty on dealers.
SEC. 12. Any person, persons, firm or corporation who shall
keep for sale or sell by retail any of the mineral oils mentioned
and referred to in the first and second sections of this ordi-
nance, or who shall mix or adulterate the same so that the fire
test is less than one hundred and ten degrees Fahrenheit, shall
be subject to the penalties mentioned in section eleven of this
ordinance, which penalty may be enforced in the same manner
therein provided; and the inspector is hereby required to test
such mineral oils so held for sale by retail, from time to time,
89
1
as may be deemed necessary in order to protect the public
from the dangerous use of adulterated mineral oils.
SEC. 13. All ordinances or regulations heretofore passed
which in any manner contravene the provisions of this ordi-
nance are hereby repealed.
Passed July 26, 1871.
M. J. O'CONNOR, City Clerk.
Approved July 29, 1871.
J. T. MAXFIELD,
President of Council.
WILLIAM LEE, Mayor.
AN ORDINANCE RELATING TO THE ST. PAUL WATER
COMPANY.
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. That the Common Council of said city do hereby
direct that the St. Paul Water Company shall erect fire plugs
to the mile.
and lay pipes, to connect the same with main pipes for the water Co. to erect
prompt extinguishment of fires; that said company shall erect fire plugs-10 plugs
and maintain (including those now erected) an average of ten
plugs to the mile for the whole length of the street mains now
laid, or which shall hereafter be laid, by said St. Paul Water
Company, within the limits of said city, at such points and
places as may from time to time be directed by the Common
Council of said city, and such additional fire plugs over and
above such average as may from time to time be directed by
the Common Council of said city. Such fire plugs, when Kind of fire plugs
erected, shall be of substantial and approved kind, of the
usual capacity for the supply of fire engines, with appendages,
valves, connections, and fixtures of easy access and suitable
to the climate, and each of said plugs shall be kept by the St.
Paul Water Company in good working order and condition. city may lay ser-
And said city shall be entitled, subject to the general rules and
regulations of the water company, to lay service pipe connect- pipes.
to be erected.
vice pipes to con- 1
nect with main
12
90
Proviso.
Compensation for
use of water per
mile.
ing with the mains and supply of water to engine-houses,
school-houses, the city hall, public market, and fountains for
city public grounds and other public buildings of said city, for
the compensation hereinafter mentioned, which has been mu-
tually agreed to between said city and said company.
Provided, That the said direction to erect said fire plugs, and
the compensation to be paid therefor, shall be subject to the
conditions and stipulations hereinafter provided.
SEC. 2. That from and after the first day of December, one
thousand eight hundred and seventy-one, the compensation to
erecting plugs and be paid by said city to said company for erecting and main-
taining said plugs, and for the full use of the water by said
city from said plugs, as provided and contemplated by the act
of the Legislature incorporating said Saint Paul Water Com-
pany and the acts amendatory thereof, and for the use by said
city of the water for said engine-houses, school-houses, the city
hall, public markets, and fountains as aforesaid, and other pub-
lic buildings of said city, shall be six hundred dollars per mile
per year for each mile of street mains laid by said company
within the limits of said city as aforesaid, and thirty dollars
per year per plug for the said plugs over and above the said
average of ten plugs per mile which may be directed to be
erected and maintained as aforesaid, and in addition thereto
the said city of St. Paul shall pay and discharge any taxes
which may at any time be imposed or assessed upon the works
of said company, or its property necessarily connected there-
with.
$30 per year for
each fire plug.
When company
are to be paid.
If full supply of
water cannot be
obtained-amount
to be deducted.
SEC. 3. The said company shall, at the first meeting of said
Common Council, in said city, in June and December of each
year, present its account for compensation aforesaid, which
may be due it under this ordinance, and the same shall, as al-
lowed by the said Council, be payable on the first days of July
and January following, respectively; and the said sum so al-
lowed shall bear interest from the times when they were pay-
able respectively aforesaid until paid, at rates current in the
banks of St. Paul.
SEC. 4. For every week during which a full supply of water
cannot be obtained from any one of said plugs by reason of
neglect or default of said company, there shall be deducted
from the said compensation of said company ten dollars for
91
each plug for every week in which such plug shall be defective.
as aforesaid.
Provided, That the said Council may remit such deductions, Proviso.
or any part thereof, and that such deductions on any one plug
shall not exceed the sum of sixty dollars per year; and
Provided, That in case of any deduction for said defective
plug or plugs aforesaid shall be made as aforesaid from the
accounts of said company as aforesaid, the particular plug or
plugs on account of which such deduction shall be made, shall
be specified by the said Council, and if the said company shall
object to said deduction, the matter shall be referred to arbi-
trators, one of which shall be selected by the said Council, and
one of which shall be selected by said company, and if said
arbitrators cannot agree they shall select a third, and the deci-
sion in writing of two of the three arbitrators shall be binding
upon said parties, and final in said matter. But if the defect
in such plugs shall be owing to any cause for which the city
shall be at fault, which has arisen since the location of such
plug, no deduction shall be made on account of such plug.
And
Proviso.
Provided further, That if the Common Council shall direct Proviso.
any fire plug aforesaid once located to be changed, the same
shall be done at the expense of said city.
be accessible.
SEC. 5. Said plugs shall always be accessible to the fire de- Plugs always to
partment and fire engines of said city for the purpose of the ex-
tinguishment of fires, and for reasonable practice and cleaning
of fire engines.
ble to frost.
SEC. 6. The said water company shall not be compelled to plugs not to be
erect any of said plugs in such places that its valves or con- erected where lia-
nections will be exposed to frost or other injury, by reason of
cellars under sidewalks or other exposure until such obstacles
are removed.
damages.
SEC. 7. The St. Paul Water Company shall protect all per-
sons against damages by reason of excavations made by them company to pay
in the said city in laying pipes, and keep the said excavations
properly guarded by night and day, and shall become respon-
sible for all damages which may occur by reason of the neg-
lect of their employees in the premises, and the streets and
highways of said city shall not be unnecessarily obstructed or
encumbered in laying said water pipes.
SEC. 8. No legislative extensions of the charter of said com-
92
1
No extension of
charter unless con-
pany or other rights and privileges thereunder shall in any
firmed by Council. manner operate to extend their rights under this ordinance,
unless such extension is ratified and confirmed by said Common
Council.
Street mains not to
interfere with sew-
ers,
&C.
Shall leave the
streets as good as
they found them or
pairs.
SEC. 9. The said company shall lay all street mains so as not
to interfere with the surface drains or gutters on the side, nor
with a space sufficient for the construction of sewers in the
centre of streets. On all streets of sixty-six feet wide the said
mains snall be laid nineteen feet from the property line, and
fourteen feet from the centre line of streets; on streets sixty.
feet wide, eighteen feet from property line and twelve feet from
centre line of streets; on streets fifty feet, fifteen feet from
property line and ten feet from centre line of streets, with pro-
tionate distances for streets of different widths.
SEC. 10. The said company, in making excavations, shall
leave all streets, crosswalks, and other city improvements, pub-
lic or private, and all railway tracks and crossings, and all gas
pay expense of re- pipes and connections, in as good order and condition as they
find the same; and if said water company fails to put said
streets and railroad tracks and crossings in like condition as
they found the same, it shall be the duty of the street commis-
sioner to cause the same to be done immediately, and the ex-
pense of the same charged to the water company, and deducted
from their semi-annual bills. Provided, that said street com-
missioner shall forthwith give notice to the water company of
any work so done by him, specifying the locality of the same;
and shall not unnecessarily obstruct the said streets or improve-
ments, or obstruct or delay the operation of railways, or of
pany or obstruct the St. Paul Gas Company, and shall become responsible for
and pay all damages which may occur to such railways, or to
said gas company, by reason of excavations on said streets, or
by reason of injuries, delays or obstructions to any railway or
said gas company.
Not to delay rail-
ways or gas com-
streets.
Gas and water
pipes to be laid on
opposite sides—not
less than 12 feet
from centre of
street.
SEC. 11. That the said St. Paul Water Company and the St.
Paul Gaslight Company shall hereafter lay their main pipes on
opposite sides of the streets of the city, at a distance of not
less than twelve feet from the centre, on such streets as are not
less than sixty feet in width; and not less than eight feet from
the centre of such streets as are less than sixty feet in width,
and the company which shall first file with the city clerk a de-
claration of intention to lay their main pipes along a portion
I
J
93
or all of a particular street, accompanied by a diagram show-
ing the length of such contemplated work, and shall have the
preference as to the side of such street, provided the said work
shall be commenced within twenty days after the filing of such
declaration of intention and diagram, and completed within a
reasonable time thereafter. Provided, that the said gaslight
and water companies shall not be prohibited from laying their proviso.
main pipes in any part of the following streets, to-wit: From
the corner of Tenth and John streets along Herkimer avenue
to the city limits, and along that part of Seventh street from
the corner of block thirty-three in Kittson's addition to the city
limits, where said Seventh street strikes the same.
Change of grade-
SEC. 12. That in further consideration of the premises if
any change of grade is proposed by the city of St. Paul on ten day's notice to
any of the streets, alleys, lanes, or public grounds where the be given.
street mains are laid or may be laid, said city shall cause ten
days' notice of such proposed change of grade to be given in
writing to said St. Paul Water Company by service of the same
on any officer thereof by leaving said notice at their business
office, and in case such change shall be made and if it shall be
necessary to relay the pipes of said company by reason of such
change in order to protect said pipes, the city shall pay to said
company the actual expense of relaying its pipes.
to be done.
i
That if at any time between the first day of October and the
first of April the pipes, plugs, or attachments of the said com-
pany shall be exposed to frost or otherwise endangered by When streets are
reason of any of the streets of said city in which they may be out of repair what
placed being out of repair, the said company shall give written
notice to the city clerk and mayor, of the condition aforesaid
of such street so out of repair, and if such streets shall not be
repaired by said city sufficiently to protect the said works
from such danger aforesaid within twenty days from such no-
tice, the company may thereupon make such repair so far as
necessary to protect the works aforesaid, and the needful and
reasonable expense thereof shall be paid by said city: Pro-
vided, That the said city shall not be liable for such repairs, Proviso as to re-
nor for the amount which the said company may expend in
making the same, in any case to the extent of more than one
hundred dollars. That if any damage shall be caused to said
company by reason of any excavation made by any person or
persons, in any street or public grounds of said city wherein
1
pairs.
94
of damage.
the pipes and attachments of said company shall be placed,
Proviso as to cause such damage shall be paid by said city; Provided, That such
person or persons making such excavations and causing such
damage was or were at the time acting under the authority,
Proviso-damage permission or license of said city; And provided further, That
not to exceed $100. the amount of such damage shall not in any case aforesaid ex-
ceed the sum of one hundred dollars.
SEC. 13. After the expiration of ten years from the first day
After 10 years from of December, one thousand eight hundred and seventy-one,
Dec. 1, 1871, con- the water company or the city may terminate the contract con-
tained in this ordinance, on giving the other party six months'
notice in writing.
tract to terminate
by giving six
months' notice.
Proviso as to pre-
ceding contract.
SEC. 14. This ordinance is intended to be a modification of
a certain ordinance of said city in relation to said St. Paul
Water Company, adopted October seventh, one thousand eight
hundred and sixty-nine, and found on pages 324, 325, 326, 327,
328, and 339 of the compilation of the charter and ordinances
of said city of eighteen hundred and sixty-nine, and upon the
same taking effect the said prior ordinance not incorporated
herein and so far as the same shall be inconsistent herewith,
shall be of no longer force; Provided, That nothing in this
ordinance contained shall prejudice or affect any act done or
right accrued under said preceding ordinance; that before this
ordinance shall take effect, the said water company shall indi-
cate their acceptance of the terms and conditions thereof, and
the said acceptance shall be duly signed and entered upon the
records of the Common Council, and attested by the clerk of
the said city of St. Paul.
Passed December 9, 1871.
J. T. MAXFIELD,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved December 12, 1871.
WM. LEE, Mayor.
95
AN ORDINANCE TO AUTHORIZE THE CONSTRUCTION AND
OPERATION OF HORSE RAILWAYS IN CERTAIN
STREETS OF ST. PAUL.
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. There is hereby granted to J. C. Burbank, J. L.
Merriam, William Dawson, E. F. Drake, H. L. Carver, Horace
Thompson, Wm. Lee, Louis Roberts, Wm. F. Davidson, A. H.
Wilder, Peter Berkey, P. F. McQuillan, George Culver, James
M. Winslow, Bartlett Presley, A. Vance Brown, J. A. Lusk,
and W. S. Wright, or such of them as shall accept and comply
with the terms hereof, together with such other persons as shall
hereafter become associated with them, and to their heirs, ex-
ecutors, administrators, successors and assigns, permission or
authority and consent of the Common Council of the city of
St. Paul to lay a line of railway, with single or double track,
with all necessary or convenient tracks or turn-outs, and side-
tracks and switches, in any or all of the streets in said city,
conditioned that no track shall be laid on Third street, between
Sibley and Wabashaw, and that a single track only shall be
laid on Third street, between Wabashaw and Fort streets, and
no double track on any street which is less than sixty feet in
width, and to operate horse passenger railway cars and car-
riages thereon, in the manner, for the time and upon the con-
ditions hereinafter mentioned and prescribed.
Incorporators
names.
Single or double
track.
Provided, That a single track only shall be on Third street, proviso as to single
between Wacouta street and Broadway, and that in all instances track.
the tracks of said several lines of railway shall be laid on the
central portion of the street.
•
Propelled only by
SEC. 2. The carriages or cars used thereon shall be of the
best style, with all the modern improvements desirable, and animal power.
shall be propelled by none other than animal power, and no
locomotive, or engine propelled by steam shall ever be used
upon any of said several lines of railway or any part thereof.
SEC. 3. The Common Council may regulate the speed for
running, said cars, so far as to conform to the speed generally
permitted for similar cars in other cities.
1
96
Track to be con-
structed on estab-
lished grade of
street.
Kind of track.
Rate of fare.
License.
1
SEC. 4. The said railways are to be constructed and operated
as aforesaid on the established grades of said streets, which said
grade shall not, during the continuance of said railway, be al-
tered or changed at the cost or the damage of said company.
Provided, however, that if said parties, their associates, suc-
cessors or assigns, shall desire to lay such track or tracks
upon such part of said streets as may not be graded, they shall
have the right to do so by making the necessary grade at their
own cost and expense.
SEC. 5. The track of said railway shall not be elevated above
the surface of the street, and shall be laid with the O. G. rail
(so called), or the rail approved by the Common Council, and
shall be so laid that carriages and vehicles can easily and freely
cross said track at any and all points thereof with the least
obstruction possible. Provided, however, that no track or part
of a track shall be operated before the same shall have been
inspected and approved by the Common Council of said city
after written notice by the company of its completion.
SEC. 6. The rate of fare for any distance within the city on
any line of said railway, shall not exceed seven cents for each
and every passenger, including ordinary baggage, except when
cars or carriages shall be chartered for a specific purpose; but
before any car or carriage shall be used or operated on said
lines or routes, a license fee of ten dollars per annum for each
car or carriage shall be paid to said city, to be obtained in the
same manner as regulated by ordinance respecting hacks in
said city, and any officer, conductor, or driver who shall ope-
rate or cause to be driven or operated, upon either of said
lines, any car or carriage, unless the same shall be first duly
licensed as herein provided, shall be punished by a fine of not
less than ten nor more than fifty dollars. Provided, however,
that when the same car or carriage travels two or more streets
Proviso as to fare. or lines, there shall be but one fare for the whole distance so
traversed; and provided further, that if, after three years from
the construction of any of said lines of railway, it shall be
found that the net earnings of such line are sufficient to pay
above ten per cent. on the cost of constructing, equipping, and
maintaining the same, the Common Council shall have author-
duce fare, when. ity to reduce the fare on such line, but not below the sum of
five cents.
Council may re-
SEC. 7. The rights and privileges hereby granted shall be
97
feited unless one
forfeited to said city unless there shall be constructed and Rights to be for-
equipped for business and in full operation, at least one mile mile is constructed
of said railway on one or more of said lines, on or before the by July 1, 1872.
first day of July, one thousand eight hundred and seventy-
two. At least one further mile on or before the thirty-first day
of December, one thousand eight hundred and seventy-
two; at least one further mile on or before the first day
of July, one thousand eight hundred and seventy-three.
Provided, That if required by a resolution of the Common
Council, adopted by a vote of two-thirds of its members to
build, equip and operate an additional mile of said railway, on, Proviso,
any street or streets designated by the City Council, every six
months thereafter, the company accepting these franchises
shall so build, equip and operate said mile or miles of railway,
or forfeit to said city all rights or privileges to construct and
operate any line of railway or track in any street or streets or
part of street or streets in said city upon which said company
have not constructed any railway track.
|
leges granted to be
without further
SEC. 8. If the said parties accepting the provisions hereof,
their associates, successors and assigns shall thereafter be in- Rights and privi-
corporated or acquire corporate or chartered rights under or by vested in successors
virtue of any general law or special act of the Legislature action of Council.
with a view to the exercise of and enjoyment thereunder of
the rights and privileges hereby granted and conferred, all the
said rights and privileges hereby granted shall extend to and
vest in such corporation upon the terms and conditions herein
prescribed, and when such parties shall be so incorporated, or
shall obtain such corporate or chartered rights, such corpora-
tion shall henceforth have and enjoy, in its corporate name and
capacity, all the rights and privileges hereby granted as the
successors of such parties, without further action of the
Common Council.
SEC. 9. The said parties, their successors and assigns, shall
be entitled to enjoy all the rights and privileges hereby granted
and confirmed for the period or term of ten years from and
after the passage of this ordinance, and thereafter until the
said city shall, as hereinafter provided, purchase the said rail-
way, and all the stock and property pertaining thereto, and
used in connection therewith. From and after the expiration
of ten years from and after the passage of this ordinance, the
Common Council of said city shall at any time have the right
Franchises for ten
years.
13
98
track, &c., after ten
years-how.
City may purchase by ordinance to purchase said railway, depots, depot grounds,
station grounds, station houses, carriages, cars, horses, animals,
harnesses, equipage, furniture and improvements of every kind,
name and description used in the construction or operation of
said railway or appurtenances, together with all the corporate
rights or franchises that may be acquired by such parties, their
successors or assigns, by paying the value thereof, to be ascer-
tained as follows:
be appointed.
Upon the passage of such ordinance for said purchase, the
Common Council of said city shall, by resolution, appoint
three commissioners to appraise the value of the property to
Commissioners to be purchased, and notify the parties or company then owning
said property thereof; and thereupon said last-named parties
or company shall appoint a like number of commissioners for
the same purpose, and the six thus appointed shall proceed
and appraise all of the said property at its fair cash value;
and in case of their inability to agree upon the value of said
property, they, or a majority of them, shall appoint some one
suitable, disinterested persod to appraise such property as the
said commissioners cannot agree upon, whose appraisement
shall be adopted by said commissioners.
Report to be made
in writing.
Appraised value of
within six months.
The report of said commissioners shall be made in writing
within thirty days after their appointment, by the delivery of
a copy thereof to each of the parties to said purchase.
In case of the inability of any of said commissioners to act,
his place may be supplied by the parties by whom he was
appointed.
Within six months from the approval of such report by the
property to be paid Common Council of said city, the said city shall pay to the
proper parties the sum at which the said property shall be so
appraised, and thereupon all of said property shall be turned
over to and vest in said city; and the said city may require,
upon such payment, any conveyance or other proper assurance,
executed by said parties, needful to vest their title fully and
effectually in said city.
Fare on one line to
er line.
SEC. 10. Each one or more of said lines may have a separate
be received by oth- and distinct organization, and in such case the fare tickets sold
or issued by one organization or line aforesaid, shall be re-
ceived in payment of fare by the other and all the others, to
the same extent as their own; but in no case shall the rate of
99
fare on the combined lines exceed the sum mentioned
in section six of this ordinance, any where within the city
limits.
1
!
impaired.
SEC. 11. All rights heretofore vested in the water, sewerage, Rights heretofore
gas light or other corporations are not to be impaired by this vested not to be
ordinance, but the rights and privileges hereby granted to be
equally protected by the city.
SEC. 12. The said parties, their associates, successors and
assigns, shall at all times keep so much of the streets of said
city as may lie between the rails of each track, and for a space
of two feet outside of the track or tracks used and occupied
by their railways aforesaid, cleaned and in good repair, and to
cause the snow to be removed so as to afford a safe and unob-
structed passage to sleighs and wagons, and the said repairs
of the streets and removal of snow shall be done to the satis-
faction of the Common Council, or such person or persons as
may have supervision of the streets of the city of St. Paul, at
their own proper cost and expense.
To keep street with -
in two feet of track
clean and in good
repair.
may be suspended
The running of the cars or carriages on any part of said
lines of said railway may be suspended by the Common Coun- Running of cars
cil for such reasonable time as may at any time be necessary by Common Coun-
on account of repairs of streets, or of the building of sewers cil—when.
or other public improvements, and whenever it may be neces-
sary to have any track taken up for the purposes aforesaid, the
same shall be taken up and relaid at the expense of the said
railway company or companies.
Engineer may sus-
pend cars from
The chief engineer of the fire department, or the person for During fire Chief
the time being, who may be acting in his stead, may order a
suspension of the running of any cars on any line of railway running.
which he may deem necessary during any fire.
Violation, how
SEC. 13. Any violation of this ordinance shall be punished
by a fine of not less than fifty dollars and not more than one punished.
hundred, to be enforced and collected in the same manner as
other fines and penalties are enforced and collected under the
provisions of the charter of said city.
SEC. 14. The cars, after sunset, shall be provided with signal
lights-a red light in front and a green light in rear.
SEC. 15. This ordinance shall take effect from and after its
passage, publication, and the filing with the city clerk within
thirty days an acceptance of the terms and conditions thereof,
4
When ordinance to
take effect.
100
M
in writing, signed by at least two-thirds of the corporators
named in second one.
Passed January 2, 1872.
J. T. MAXFIELD,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved January 8, 1872.
WM. LEE, Mayor.
AN ORDINANCE TO AMEND AN ORDINANCE RELATING
TO SALES BY SAMPLE.
1
Repealing portion
of former ordi-
nance.
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. That the ordinance relating to Sales by Sample,
approved October ninth, one thousand eight hundred and
sixty-nine, be and the same is hereby amended by striking out
of section one the following words "Not manufactured within
this State."
SEC. 2. This ordinance to be in force from and after its pub-
lication in the official paper of the city.
Passed January 29, 1872.
J. T. MAXFIELD,
President of Common Council.
M. J. O'CONNOR, City Clerk.
Approved January 31, 1872.
WM. LEE, Mayor.
101
1
The Common Council of the City of St. Paul do ordain as fol-
lows:
ment.
SECTION 1. It shall be the duty of the Chief Engineer to Duty of Chief En-
report to the committee on fire department companies, officers, gineer Fire Depart-
members or employees, if any there be, delinquent in the per-
formance of the duties assigned them.
Chief Engineer
may suspend mem-
SEC. 2. The Chief Engineer shall have power to suspend any
officer or member of the department for insubordination or bers of fire depart-
disorderly conduct, said suspension to continue until the offend-
ing party or parties shall have been reported to the Council.
ENGINEERS OF STEAMERS.
ment.
To give entire time
SEC. 3. It shall be the duty of the engineers of steamers to Duty of engineers
be present at the engine-house at all times, except when absent of fire steamers.
on duty or at meals, or when they shall have obtained the con-
sent of the chief engineer; they shall give their entire time
and attention to the apparatus, and always have it in readiness to engines.
for duty, except when repairs are being made, and it shall be
their duty to make such detention for repairs as short as pos-
sible; they shall, under the direction of the committee on fire
department and the chief engineer, superintend or make such
repairs as may be necessary; they shall have the charge of the
tools and other property belonging to the city; they shall keep tools, &c.
the same in good order; they shall enforce the rules and dis-
cipline of the watch employed; they shall direct the proper
cleaning of the engine-house, and shall have such general
superintendence of the property as shall insure promptness and T have general
efficiency; they shall accompany the engines to all fires, and engine houses.
they are strictly enjoined not to take the engines in their
charge, or permit them to be taken out for trials or any other
To have charge of
superintendent of
purpose than for the extinguishment of fires, excepting they Shall keep an ac-
furnished.
shall receive directions to do so from the chief engineer. They count of supplies
shall keep a correct account of all supplies received by them
for their respective engines, and shall promptly report when
materials are required for use.
THE WATCH.
SEC. 4. A proper watch shall be kept at the different houses,
102
always be on look-
out.
One of the force to So that one of the force shall always be on the look-out for
fires. Not more than one of the persons employed shall be
absent from the house, at meals or otherwise, at the same time,
except when the engines are taken from the house. The engi-
trol of engineer of neer of steamers shall have the supervision of the watch, and
To be under con-
steamers.
the engineers shall take their proper portion of such duties
themselves. They shall attend to the proper observance of the
rules as regards the time allowed for meals, etc., and shall
promptly report to the chief engineer all violations of the rules
house without per- and regulations. The firemen and drivers shall not leave their
respective houses without notifying the engineers, and they
shall, on return from absence, report themselves to them.
Not to leave engine
mission.
Duties of the fire-
man.
Duties of the dri-
FIREMEN OF STEAMER.
SEC. 5. The firemen shall take their proper share of the
watch, shall fire up as directed by the engineers, shall do such
other work as may be directed by the engineers, shall obey the
orders of the engineers, and at all times be ready for duty.
Ի
DRIVERS.
SEC. 6. The drivers shall take proper care of the horses,
shall exercise the greatest caution in their keeping and man-
vers of steamers. agement; shall keep the stables clean, and the harness and
everything pertaining to their department in perfect order;
shall keep the horses harnessed as directed, and on no account
leave their houses without leaving everything in readiness for
immediate service. They shall exercise the horses as directed
by orders of the chief engineer, and on no account take the
horses, when out for exercise, beyond the limits prescribed in
horses as directed. said orders; they shall take their share of the watch as di-
rected by the engineers, and assist in doing such other duties
as the engineer shall direct; they shall exercise economy in the
feeding of their horses, and shall report to the engineers in
charge, when anything is required for the department under
their care.
To exercise the
To take share of
the watch.
No interference
with engineers.
NO INTERFERENCE WITH ENGINEERS.
SEC. 7. Members shall not converse with those having the
engines in charge, when on duty at fires, by unnecessary con-
versation or suggestion to divide or to distract the attention of
the force thus employed.
ENGINES MUST NOT BE HANDLED.
No person, other than the engineer of steamers, shall be
103
be handled."
permitted to handle or interfere with the machinery of any of Engines must not
the engines, either when on duty or in the houses of the de-
partment. This rule must be strictly enforced, and any viola-
tion of it must be reported to the chief engineer.
SMOKING ABOUT THE STABLES.
Smoking about the
SEC. 8. Smoking in or about the stables is positively pro- stables.
hibited. Drivers will see that this rule is strictly observed.
HOUSES TO BE CLOSED ON THE SABBATH.
Houses to be closed
SEC. 9. The engine and truck and hose houses shall be closed on the Sabbath.
on the Sabbath, and it is made the duty of officers of compa-
nies and engineers of steamers to see that order and quiet are
preserved.
SUPPLIES.
SEC. 10. All supplies for the use of the department shall be Supplies.
drawn by the engineers of steamers and foreman of companies
on requisition on the chicf engineer; on the first Monday of
each month, and it is made the duty of the engineers of steam-
ers and foremen of truck and hose companies to see that all
necessary supplies are kept constantly on hand to secure the
proper working of the apparatus in their charge. All supplies.
shall be drawn by the engineers of steamers and foremen of
truck and hose companies.
of duty.
SEC. 11. Any neglect of the duties enjoined by any ordi-
nance, when made duly to appear to the chief engineer shall Penalty for neglect
be followed by prompt suspension of said chief, and reported
to the Council at once. No ordinary excuse for any sort of
neglect of duty shall be tolerated or accepted by the said
chief.
than $50.
SEC. 12. Any gross act of neglect of the duties herein en- May fine not more
joined, or of insubordination to superior officers, in the fire de-
partment, shall subject the offender to a fine of not more than
fifty dollars, on complaint in writing before the city justice.
Passed February 20, 1872.
J. T. MAXFIELD,
Official: M. J. O'CONNOR, City Clerk.
Approved.
President of the Common Council.
WILLIAM LEE, Mayor.
1
104
AN ORDINANCE TO AMEND AN ORDINANCE, APPROVED
OCTOBER 9, 1869, ESTABLISHING A FIRE DEPARTMENT.
18, page 236, revised
edition of city
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. That section eighteen of the above-entitled ordi-
nance be and the same is hereby repealed, and that the follow-
ing be subsituted: The hook and ladder and axmen shall, un-
Substitute for Sec. der the direction of the chief engineer of the fire department
and foreman of hook and ladder company, or in the absence of
the chief engineer, then under the direction of the assistant
engineer and foreman of the hook and ladder company, cut
down and remove any building or buildings, or erections or
fence, if such removal is deemed necessary for the purpose of
choking or stopping the further progress of a fire.
charter of 1869.
Substitute for Sec.
14, page 225 of re-
vised city charter
of 1859.
Engineers of
ino fire plugs
SEC. 2. That section fourteen of the above-entitled ordinance
be and the same is hereby repealed, and that the following be
substituted: "All persons who shall at a fire refuse to assist
to extinguish the same, and refuse to obey any such orders or
direction given by a person duly authorized to order or direct,
or who shall resist or impede any officer or other person in the
discharge of his duty, shall, in the absence of sufficient excuse,
be punished by a fine not exceeding fifty dollars.”
SEC. 3. It shall be the duty of the engineers of the different
steamers to examine, under the direction of the chief engineer
steamers to exam- of the fire department, the fire plugs as often as the chief en-
gineer may deem necessary, and not less than twice in each
month, and report to him the condition of the different plugs.
In case any of the plugs are found out of order, it is the duty
of the chief engineer to report the same to the Common Coun-
cil; and it is also the duty of the chief engineer to see that
the hose of the different companies are kept clean and in good
order Provided, that no further compensation shall be allowed
to the engineer, driver or fireman for any extra services re-
Fire plugs found
out of order to be
reported to Coun-
cil.
Proviso.
105
quired of them under this ordinance, or under the direction of
the chief engineer of the fire department.
Passed February 20, 1872.
J. T. MAXFIELD,
President of the Common Council.
Official: M. J. O'CONNOR, City Clerk.
Approved February 23, 1872.
WILLIAM LEE, Mayor.
AN ORDINANCE RELATING TO CONTRACTS AND CONTRACT-
ORS WITH THE CITY OF ST. PAUL.
The Common Council of the City of St.. Paul do ordain as
follows:
let what to contain.
SECTION 1. When any contract is ordered to be made or let
under the provisions of the city chartér or the acts amendatory When contract is
thereof for any public improvements, either on streets, public
grounds, public buildings or other structures, or for repairs
thereto, such contracts shall contain a special provision for the
payment of the laborers, and those furnishing material for
such work or improvement, out of the amount due the said
contractors from the city before any part is paid to said con-
tractors, their heirs, agents or assignees, as hereinafter pro-
vided.
full list of persons
and amounts due
SEC. 2. When contracts are made as stated in section one of
this ordinance, the person, officer or officers, or superintendents contractors to give
thereof, as directed by the Council, shall ascertain, as near as
may be, and require the said contractor or sub-contractor to each, &c.
give, as near as may be, a full list of persons and amounts or
sums due for labor or material furnished for the use of said
public work, all of which shall be carefully reported to the city
comptroller, and no payment to said contractors shall be made
until the said laborer or person furnishing materials shall make,
execute and deliver to said comptroller a receipt or release,
acquitting and discharging the city from all liability whatever
for said labor or materials.
14
106
Work, labor and
materials first paid
and charged to
contractor.
1
Amount to be held
in certain cases.
SEC. 3. In all cases where estimates are to be made of the
work done on any such contract, the work, labor and materials
shall be paid first, on a receipt or release given therefor, as
above provided, and the amount so paid charged to the con-
tractor.
SEC. 4. In case the exact amount due from contractors to
labors, and for materials, cannot be agreed upon between them
and the contractors, the amount so in dispute shall be held in
the treasury until the same is so agreed upon or ascertained,
and all contracts let to any person or persons shall be made to
include by reference thereto the provisions of this ordinance.
This ordinance shall take effect and be in force from and
after its official publication.
Passed February 20, 1872.
J. T. MAXFIELD,
President of Common Council.
Official: M. J. O'CONNOR, City Clerk.
Approved February 23, 1872.
A
+
WM. LEE, Mayor.
Duties of police.
AN ORDINANCE DEFINING THE DUTIES OF THE POLICE
FORCE AND THE STREET COMMISSIONERS OF THE
CITY IN RELATION TO OBSTRUCTIONS IN
THE PUBLIC HIGHWAYS.
SECTION 1. The Common Council of the city of St. Paul do
ordain as follows: Hereafter it shall be the duty of every
police officer of the city to report to the chief of police every
evening, at the city hall, any defect noticed in any sidewalk in
said city, or any dangerous structure, building, bridge, excava-
Report dangerous tion, ditch, cellar, walls or sewers, or any dangerous places
likely to cause accidents or injury to the citizens.
places.
SEC. 2. Upon such report being so made to said chief of
Books kept for in- police, he shall enter the same in a book to be kept for that
spection.
express purpose, noting the street, block, ward, and the name
of the officer by whom reported, which book shall be open to
the inspection of every alderman and officer of the city.
107
sioner to see book
Put up notices.
SEC. 3. It shall be the duty of the street commissioner of Street Commis-
each district to call at the city hall every morning and inspect every day.
said police reports, and then proceed to repair, or cause to be
repaired, said sidewalks or dangerous places in streets or else-
where at once, or put up some distinct notice to warn or guard
the public against such defect or danger. Provided, not more
than ten dollars shall be expended in such repair until ordered Proviso.
by the Council, to whom said street commissioners shall report
at every regular meeting; and in case immediate action is
necessary he shall report at once to the mayor.
Defects in side-
walks.
SEC. 4 If any such defects in sidewalks or other places or
things as is named in this ordinance shall exist for, more than
twenty-four hours within the beat of any policeman without
being reported as herein provided for, it shall be prima facie
proof of neglect of duty of such policeman, and the mayor
shall promptly remove such officer and appoint another in his Neglect of police-
place.
man.
Owner or occupant
to repair sidewalk
SEC. 5. It is hereby made the duty of any owner and occu-
pant of a lot or building in front of which a sidewalk is or
may hereafter be constructed, of either wood, stone, brick or -penalty.
concrete, to keep the same in good and safe repair at all times,
and any owner or occupant who fails to so keep the same in
such proper repair for twenty-four hours shall be complained of
by any officer of the city or any private citizen, and, on con-
viction before the city justice, shall be fined in any sum not
more than fifty dollars, and any police officer knowing of such
defect in such sidewalk and failing for twenty-four hours to
complain on oath to the city justice against such person or
persons, shall be promptly removed by the Mayor. It shall be
the duty of every policeman to notify owners or agents, and owner or occupant
occupants of buildings or lots fronting which is such defective
sidewalk, to repair the same, and also report such fact of
notice to the chief of police, who shall enter the fact on his
record.
SEC. 6. Whenever any policeman observes a defective side-
walk, obstruction, ditch, excavation, dangerous building,
bridge, sewer, or other dangerous place likely to cause acci-
dents or injury to the citizens, he shall put up promptly a no-
tice at the place, thus: "Look out for danger," and see that
such notice is kept there until the danger is removed, and shall
at the same time notify the occupant and owner of the adjoin-
Policeman to notify
of defective side-
walk.
To put up notice.
108
Keep a light or
guard by night.
Penalty.
ing premises to keep a light and guard constantly by night to
avoid danger, and if any owner or occupant of a lot or lots,
or building or buildings, fronting such dangerous places, shall
neglect to observe and keep these police regulations, he, she or
they shall be complained against by the policeman on that
beat, or by any one else, to the city justice, and on conviction
shall pay a fine of not exceeding one hundred dollars.
This ordinance to be in force from and after its publication
in the official paper of the city.
Passed March 5, 1872.
J. T. MAXFIELD,
President of Common Council.
Official: M. J. O'CONNOR, City Clerk.
Approved March 9, 1872.
WILLIAM LEE, Mayor.
1
Roll to be called.
Absentees noted.
AN ORDINANCE TO ENFORCE THE RULES OF THE COMMON
COUNCIL.
The Common Council of the City of St. Paul do ordain as fol-
lows:
SECTION 1. At any regular, or adjourned, or special meeting
of the Common Council of the city of St. Paul, the roll of the
names of each alderman elected and qualified, shall be called
by the city clerk, and the names of the absentees noted in the
journals of the proceedings, and at once said clerk shall hand
to the president or vice-president, or acting president for the
time, the names of such absentees; whereupon it shall be the
President to order duty of the said president or presiding officer to have a fine of
two dollars and fifty cents entered on the records by the clerk
against each absentee, and a copy of such order, so entered,
Copy to Controller. Shall be filed with the comptroller, and said comptroller shall
not audit any order in favor of said alderman without said fines
are paid, or deducted therefrom; nor shall the city treasurer
pay any such order to said alderman or his assigns. No fine
thus imposed on sùch alderman shall be remitted except by a
a fine.
109
remit fine.
vote of two-thirds of the Council elect, entered by yeas and Two-thirds may
nays on the journal of the Council, and their reasons therefor.
It shall be the duty of the president of the Council to see that
the name of each absentee at each meeting of the Council is
regularly published in the proceedings, unless excused by a To publish names
vote of two-thirds of the aldermen elect, by yeas and nays,
entered on the journal.
of absentees.
contempt.
SEC. 2. If any alderman fails to pay his fine so entered
against him within thirty days from the date of its entry, he Failing to pay fine,
shall be deemed in contempt of the rules and orders of the
Council, and such further proceedings may be thereupon had
as are provided in parliamentary law to enforce the attendance
of members and compel obedience to the orders and rules of
the Council even to expulsion, if deemed necessary, after due
notice and hearing, and any officer of the city knowingly fail-
ing, omitting or refusing to enforce this ordinance as herein Failure to enforce
stated, in its true spirit, intent and meaning, shall be deemed considered neglect.
to be guilty of wilful neglect of duty, and held also to be in
contempt of the rules and orders of the said Council.
SEC. 3. For the purpose of enforcing the rules and orders of
the Council, and compelling the attendance of its members, it
is hereby made the duty of the chief of police to detail a com-
petent policeman or acting policeman to attend every regular,
adjourned or special meeting of the Council, then and there
to act under the orders of the president, and promptly obey
the same. And less than a quorum may at all times compel
the attendance of the members.
This ordinance shall take effect from and after its publica-
tion in the official paper of the city.
Passed March 19, 1872.
M. J. O'CONNOR, City Clerk.
Approved March 22, 1872.
J. T. MAXFIELD,
President of Common Council.
Policeman to
attend Council.
WM. LEE, Mayor.
15

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