B 51191 2 A *3 : *A **** ... ****. NANA Član kun A ARTES LIBRARY #MINHUNBBu VERITAS |||||||||| 1837. UNIVERSITY OF MICHIGAN É PLURIBUS UNDU JUE BOR IIII!!! HONDIALINATAMANI 'S-QUAERIS PENINSULAM AMOENAME CIRCUMSPICE SCIENTIA OF THE City Clerk UWIATE SIRUTEKWIWIKI THE GIFT OF [DUUREHII TAMINANTI CREATION HUJUMIS BENALUYN 2 1 • I JE JS 1134 .1905 I 1 -- · ¿. 3 i MINNEAPOLIS CITY CHARTER t I AND ORDINANCES. COURT AND BOARD ACTS PARK ORDINANCES, RULES OF CITY COUNCIL, ETC. Published by Authority of the City Council of the City of Minneapolis. Compiled under Direction of City Council by FRANK HEALY, L. A. LYDIARD, WM. H. MORSE, HENRY N. KNOTT, City Attorney City Clerk Ass't City Attorney Ass't City Clerk June 1st, 1905. "No law of the State, contravening the provisions of this act, shall be considered as repealing, amending or modifying the same, unless such purpose be expressly set forth in such law.”—Chapter 76, Section 1, Special Laws of 1881, Sub Chapter 11, Section 5. 5, Page 490. "This City Charter shall be a Public Act and need not be pleaded or proved in any case." Chapter 76, Special Laws 1881, Section 16, Page 493. "All books and pamphlets published, or which may be published, purporting upon their title page to be published by the authority, order or direction of the City Council, and purporting to contain the ordinances of said City, standing rules and orders of said City Council, or either, are hereby declared to be competent and prima facie evidence of the contents of such ordinances, standing rules and orders, of any resolutions or other matters purporting to be the act of said City Council, which may be found printed therein, and of the due and legal adoption, approval and publication there- of." See Section 2, Chapter 11, City Charter, Page 116 herein; Chapter 76, Special Laws 1881, Sub Chapter 11, Section 2, Page 489. } ܝܢ܆ $999 Į JE LAW? PARA · CONTENTS. Chapter I-City and Ward Boundaries, etc. Chapter II-Officers, Elections, etc..... Chapter III-Powers and Duties of Officers, etc. Chapter IV-City Council, Powers, Duties, etc. Chapter V-Taxation and Finance, etc. Chapter VI-Police Department. Chapter VII-Fire Department.. Chapter VIII-Public Highways, Bridges, etc. Chapter IX-Waterworks Department... Chapter X-Local Improvements, Assessments, etc Chapter XI-Miscellaneous Provisions Chapter XII-Library Board.. Charter a Public Act-Act to Take Effect - Board of Tax Levy Act Not Re- pealed...... References to Amendments to City Charter.... CITY CHARTER. • • • · 1 • • Witness Fees... Bread Inspector.. Cemeteries. Contingent Fund for Mayor. Police Relief Association.. Tax Collections -Monthly Settlements.. COURT ACTS. Municipal Court. References to Amendments to Municipal Court Acts, etc. Court Reporter..... • Board of Charities and Corrections. Department of Health.. • • Free Schools..... Parks and Parkways. Court House and City Hall Commission. Board of Tax Levy... SPECIAL ACTS. BOARD ACTS. · • • RULES, ETC. Rules of City Council. Summary of Legislative Acts Relating to Minneapolis. • · • • C • • • • ·· PAGE 18 24 31 39 54 66 68 71 82 93 116 120 124 126 129 144 149 150 151 152 154 155 156 157 160 171 178 194 204 206 211 CONTENTS-ORDINANCES. Building Ordinance Amendment to sec. 156 of Building Ordinance. Theaters, Opera Houses, Etc. Burned Buildings Electric Wires, etc. Gas Fitting Plumbers • • BUILDING ORDINANCES. FIRE LIMITS ORDINANCES, ETC. Fire Limits, Buildings, etc. Fire Department Fire Marshal Lumber and Mill Wood Piles-East Side. Lumber and Wood Yards-West Side. • Lumber and Mill Wood Piles... Storage of Gunpowder, etc. Storage of Calcium Carbide. Piling Empty Boxes Spark Arresters Required. Wooden Sidewalks Prohibited • · • • • • • · • · RAILROAD GRANTS AND FRANCHISES. Minneapolis & St. Louis Railway Company. Minneapolis Eastern Railway Company Minneapolis Western Railway Company St. Paul, Minneapolis & Manitoba Railway Company Great Northern Railway Company. Chicago, Milwaukee & St. Paul Railway Company. Chicago, St. Paul, Minneapolis & Omaha Railway Company. Minneapolis Union Railway Company. St. Paul & Northern Pacific Railway Company. Northern Pacific Railway Company. Minnesota & Northwestern Railroad Company. Minneapolis, St. Paul & Sault Ste. Marie Railway Company Chicago Great Western Railway Company. Wisconsin Central Railway Company. Burlington, Cedar Rapids & Northern Railway Company Bridge over railway tracks on Second street north.. Summary of resolutions, motions and reports relative to railroad companies and franchises. • · • • • · • • ... • ► • • • • · • • 394-402 403-408 412 .414, 418 414, 420-426, 537 • • · • • • • • • · • 400, 429-468 .469-480 481-488 473, 490-502 503-530 .532, 534 536-543 545-550 • • • • • • RAILWAY REGULATIONS. Ordinance regulating rate of speed of locomotive engines and cars.... Ordinance prohibiting the whistling of locomotive engines within the city limits Ordinance requiring railway companies to establish and maintain flagmen at railway crossings. • • 237 974 298 310 311 364 366 Ordinance requiring railway companies to maintain safety gates and gatekeeper at railway crossings..... Ordinance regulating rate of speed of locomotive engines and cars in crossing Central avenue and Seventh street northeast... Ordinance regulating the manner of planking and maintaining rail road tracks within City of Minneapolis. STREET RAILWAY GRANTS AND FRANCHISES. MINNEAPOLIS STREET RAILWAY COMPANY: Street railways in City of Minneapolis. Hennepin avenue and Eleventh or Twelfth street Portland or Nicollet avenue... 369 379 385 386 388 389 390 392 392 393 $53 .552, 554 555 557 986 559 556 560 561 562 563 564 568 569 CONTENTS—ORDINANCES. 5 MINNEAPOLIS STREET RAILWAY COMPANY-Continued. First street, First avenue south, and Nicollet avenue. Fourth avenue south Lines along certain streets Steam power revoked Cobblestone paving Nicollet avenue line Second street northeast, etc. Bryant avenue Soft coal, use of prohibited University avenue, etc. "T" rail on University avenue Electric railways Transfer checks on street railways. Through cars on Interurban Line... Summary of resolutions, motions, etc., relative to street railways MISCELLANEOUS GRANTS AND FRANCHISES. Gas Franchise, D. Morrison, et al. Gas Franchise, T. A. Murphy, et al... Minnesota Electric Light and Power Company Edison Electric Light and Power Company. Electrical Subways-National Subway Company Edison Light and Power Company. Thomson-Houston Electric Company St. Anthony Falls Water Power Company American Union Telegraph Company. American District Telegraph Company Western Union Telegraph Company. Rapid Transit Telegraph Company. Chicago and Northwestern Telegraph Company American Telephone and Telegraph Company. Minnesota Central Telephone Company. Mississippi Valley Telephone Company Minnesota Power and Trolley Company. Underground Wires, etc. • • • Intelligence Offices Theaters • • · Intoxicating Liquors Wine Rooms, etc.. Dogs. License of, etc. · D · • • • • • • • • • • • Miscellaneous Licenses... Hackmen, Draymen, Expressmen, et al. Foot Peddlers on Nicollet Avenue... • • · • • 1 • • Central Market Wood, Hay and Live Stock Market (James F. Duffey) Canal-St. Anthony Falls Water Power Company. Wm. D. Washburn-Water mains in Washburn Park. Merchants' Board of Underwriters... Guaranty Loan Building Company-Subway across Second avenue south Powers' Mercantile Company-Subway across alley in Block 80, Min- neapolis LICENSES. • • • . • ·· Thomas Lowry-Subway across alley in Block 50, Minneapolis. Powers' Mercantile Company-Subway across alley in Block 80, Min- neapolis Cudahy Packing Company-Subway across Third avenue north, from Central Market Guaranty Loan Building Company-Subway across Second avenue south Summary of resolutions, motions and reports of committees, grant- ing rights to use public streets, etc.... .. • · • · • Porters, Runners, Agents and Solicitors. Wagon and Push Cart Peddlers. rawnbrokers-Dealers in Second-hand Goods-Junk Dealers. • 569 570 571 571 573 573 574 575 575 576 577 578 581 582 994 584 586 589 590 592 594 595 596 597 598 600 601 602 603 604 608 613 622 628 635 639 642 643 641 646 648 649 651 976a 1013 654 660 670 670 673 673 676 679 680 686 687 6 CONTENTS-ORDINANCES. CO Slaughter Houses and Stock Yards... Obstruction of Bassett's Creek Glanders Drainage of Low Ground. Nuisances • SANITARY ORDINANCES. Certain Nuisances Inspector of Meats and Provisions. Inspection of Meats, etc. Inspection of Bread Dense Smoke Prohibited SANITARY ORDINANCES. · • Preservation of Health-Tagging polluted wells. Scavengers Carriage of Garbage, etc. Cesspools-Night Soil, etc. Collection of Garbage-Scavenger's Fees Hauling and Disposing of Manure. · • · • Inspection of Milk, Dairy Herds, etc. Abatement of Nuisances by Owners of Property. Preservation of Health and Prevention of Disease.. Preservation of Health-Deposit of Sputum, Tobacco Juice, etc., in Public Halls and buildings prohibited... Preservation of Health-Deposit of Tobacco Juice, etc, on floor of Theaters, Churches, etc., prohibited Inspection of Plumbing. Out Houses-Cesspools Location of Stables Tuberculosis-Nuisances Sale of Anti-toxin, etc. Inspector of Smoke Sale of water for drinking purposes, etc. • • Grades of Streets Notice of Proposed Change of Grade. Names of Streets • POUNDS AND POUNDKEEPERS. Pounds and Animals Running at Large. Animals at Large-Herding. • STREETS. • • • · • Width of Streets, Roadways, Sidewalks and Boulevards. Bridges-Driving Cattle and Mules on Bridges.. Bridge on Thirty-second Avenue North.. Signs, Awnings, Posts, Banners, etc. Vacation of Streets and Alleys: • • · · Portion of First Street North.. Temporary Grading-For passageway Wooden Sidewalks Prohibited Oak Street-Removal of Obstructions.. Construction of Sidewalks, Curb and Gutter. Removal of Snow and Ice from Sidewalks. Removal of Snow and Ice from Sidewalks. Construction of Bicycle Paths Cycle Paths-Construction and Maintenance. • • • • • • • • • • • • ► Alley in Grimshaw's Addition. Alley in Block 5, Mattson's 3rd Addition Part of Second Avenue North.... Certain Streets in Bradford & Lewis' Addition. Portion of Main Street Southeast. Portion of Main Street Southeast. Part of Second Avenue South. Part of Tenth Street South... Alley in Block 7, Southside Addition. Eleventh Avenue North Portions of Fifth, Sixth, Seventh, Eighth and Ninth Avenues North • · • • • 1 • O • • • • · • • • • 691 693 693 694 695 697 697 699 701 702 703 707 709 719 720 720 721 723 724 725 726 728 728 729 729 731 732 733 735 738 739 804 805 S14 845 845 846 847 347 847 848 848 $49 849 850 850 851 851 $52 852 853 854 855 856 856 858 859 CONTENTS-ORDINANCES. 7 STREETS-Continued- House Numbering: Kenwood Parkway Cedar Lake Road Numbering Houses Required, etc. Sixth Avenue North... Royalston Avenue and Highland Avenue. Regulation of Travel on Streets.. Unlawful Practices in Streets. Disorderly Conduct, etc. Disorderly Houses Prostitutes • • • Gambling and Gambling Houses. Destruction of Gaming Instruments. Vagrancy Vagrants and Street Beggars. Fire Works and Fire Arms. Bowling Saloons and Billiard Tables. Roller Rinks-Baseball Grounds • • Sleigh Bells, etc. Wood Carts on Public Streets. Barbed Wire Fences Prohibited PETTY OFFENCES. · • • • • Hats in Theaters, etc. Curfew Ordinance Regulation of Travel on Streets. · Riding on Outside of Street Cars, etc. Public Dances Smoking in Theaters Costs, Fines and Penalties • Pay Rolls for City Employees. Plats of Additions * • • • D • WATER WORKS AND SEWERS. Regulation of Use of Water from Water Works, etc. Water Mains and Sewers • Branch Gas and Water Pipes and Sewers. • • • WEIGHTS AND MEASURES, ETC. Sealer of Weights and Measures. Berries and Small Fruits • • False Weights and Measures. False Weights and Measures. Weighing and Selling of Coal... Measurement and Sale of Firewood. • • • MISCELLANEOUS ORDINANCES. Cemeteries-Defacing Tombstones, etc. Service of Notices by City... Police Department City Engineer-Duties of, etc. Contracts-Labor and Materials, etc. Sale of Cattle, Sheep and Swine. Sinking Fund Commissioners.. Preservation of Public Property County Jail a City Workhouse. Additional City Workhouse Workhouse Rules and Regulations. Support of City Poor • • • • • • • • • • • • • • • Cancellation of Special Assessments. Adoption of Bond Act.... Adoption of Bond Act as Amended. Inspector and Inspection of Gas.. Aldermen Prohibited from Demanding Appointment of Any Person to Office City Comptroller and City Treasurer. • • • • 1 860 861 862 863 863 885 864 873 874 876 876 878 878 879 879 880 880 881 881 882 882 883 885 886 886 887 888 889 904 909 911 913 914 914 915 917 921 921 922 924 925 926 926 929 930 931 933 940 943 944 945 945 946 947 952 953 8 CONTENTS-ORDINANCES. } MISCELLANEOUS ORDINANCES-Continued. Special Assessments and Annulments-Record and Notice Thereof by City Comptroller City Comptroller to Check Books of Certain City Officers. New City Charter Board of Charities and Corrections-Crushed rock for macadamizing streets • Art Commission • Bookkeeping and Accounting, System of Jones, Caesar & Co. System of internal check and auditing. Lake Calhoun-Uniform Height of Water. Lake Harriet-Uniform Height of Water. Lake of the Isles-Uniform Height of Water. Election Districts • Ordinance Establishing Ordinances Park Board Ordinances ► · • • • • · • • Summaries of Resolutions, Motions and Reports Relating to Rail- roads, Street Railways and Use of Streets for Various Pur- poses .986, 994, 1013 RAILROAD GRANTS AND FRANCHISES. MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY: Two railway tracks across Itaska street on River street, across Hennepin avenue, along Water street, across Oregon street, First street, California street, along Second street, across Russell street, Ames, Rice, Smith, Pearl, Hay, Harrison, Lake and Cedar streets, across Bluff street, Oak street, Walnut street, Second street, Washington avenue, Elm street, and Levee 956 957 958 959 960 960 961 962 973 .977, 984 - Two railway tracks across and along Second street, Dakota street, Washington avenue, Third street, Nebraska street, Fourth street and Fifth street Railway tracks across Third, Fourth, Fifth and Sixth streets, be- tween present tracks and line 172 feet northwesterly and parallel with center line of Third avenue north.. One railway track across Fourth avenue south, Fifth avenue south, along alley in Block 16, Minneapolis, to Sixth avenue south One railway track upon and along Second street, from point op- posite Lot 3, Block 16, Minneapolis, to point opposite Lot 4, Block 100, Minneapolis Side track on Second street south, across Sixth avenue south, from point opposite Lot 4, Block 16, to point opposite south- easterly corner of machine shop on Block 100, Minneapolis.... One railway track over and across Second avenue north, between Fifth and Sixth streets • • MINNEAPOLIS EASTERN RAILWAY COMPANY: Single railroad track along River street, across Hennepin avenue and along Water street to its southeasterly end, etc. One or two railroad tracks commencing at Mississippi river and Second avenue south, thence easterly, etc., across First street, Fourth avenue south, Fifth avenue south, to Sixth avenue south; also one track across Second street and Fourth ave- nue 955 955 956 One railroad track from Eighth avenue southeast, upon and along Main street to Second avenue southeast, and spur tracks to mills, etc; also two railway tracks upon and across Fifth, Sixth, Seventh and Eighth avenues southeast and Bluff street MINNEAPOLIS WESTERN RAILWAY COMPANY: Single railway track beginning at point opposite Lots 4 and 5, Block 101, Minneapolis, thence westerly across Eighth avenue south, to and along Second street across Fourth avenue south and First street 394 396 397 398 400 401 402 403 406 408 412 CONTENTS--ORDINANCES. 9 RAILROAD GRANTS AND FRANCHISES. ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY AND GREAT NORTHERN RAILWAY COMPANY: Viaduct in Second avenue northeast from Main street to Harrison street, and bridges at Main street northeast, Second street northeast, University avenue, Fourth street northeast, Fifth street northeast, Seventh street northeast, Central avenue, Twenty-fifth avenue northeast, Broadway, Central avenue, viaduct at Como and Tenth avenues southeast.. Contract relative to bridges on Western avenue and Holden street. GREAT NORTHERN RAILWAY COMPANY: • Truss bridge on First street north, over right of way, between Third and Fourth avenues north. Extension of bridges over right of way on Holden street and Western avenue Double side track on Main street southeast, across Third avenue southeast, for use of Phoenix mill.. Single spur track along alley in Block 7, Oak Lake Addition, across Border avenue, and through alley in Block 8, said addi- tion Single spur track across Tyler street, between Division and Win- ter streets Warehouse and switching tracks on alleys parallel with Third street north in Blocks 22, 23 and 24, Bassett, Moore and Case's addition, and on any alley or public way between Fourth avenue north and Tenth avenue north, etc... Double spur track across Twenty-seventh and Twenty-six-and-a- half and Twenty-sixth avenues northeast, and Sixth and Fifth streets northeast, parallel with right of way of said company, on land adjacent thereto, for use of P. B. Mann Company. CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY: One railway track upon and along Second street from a point opposite Lot 5, Block 100, Minneapolis, to a point opposite Lot 1, Block 17, Minneapolis. Spur track across Sixth street south from a point seventy feet northwestwardly from Fifteenth avenue south, etc., for use of North Star Barrel Company.. Extension of side track in Second street south adjacent to eleva tor "B," across Ninth avenue south, along Second street to Tenth avenue south, for accommodation of John T. Rogers.. Spur track upon and across Twenty-ninth street, from point west of Lyndale avenue west across Aldrich avenue and Twenty- ninth street south, etc., for use of Northwestern Adamant Manufacturing Company Spur track from point west of and near Grand avenue, thence west across Harriet avenue and Garfield avenue to point near Lyndale avenue Opening and grading Fifth avenue south over Hastings and Da- kota Division of said railway, and wooden and plate girder bridges across Fifth avenue south at said location.. Opening and grading of Thirty-first avenue south across "Short Line" of said railway, and three track plate-girder iron bridge across said avenue at said location.. .. Spur track across Ninth avenue south to and into lots in Ankeny, Robinson & Pettit's Subdivision of Block 114, Minneapolis, for use of Northern Hydraulic Press Brick Company. Single spur track from main track of East Side spur, south- easterly across Marshall avenue into Block 8, Regent's Addi- tion, for use of Warren-Scharf Asphalt Paving Company. Changing and fixing grade of Hennepin avenue over tracks of said railway company and providing for a plate girder iron or steel bridge on Hennepin avenue over said railway tracks.. Single spur track upon and over Ninth, Eighth and Seventh ave- nues south, from point in Block 107, to point in Block 46, Minneapolis, etc. ·· 414 418 420 421 422 423 424 426 537 400 429 429 430 431 432 435 437 438 439 441 10 CONTENTS-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY.--Continued. Single spur track upon and over Ninth avenue south, from Indus- try Track, so-called, in Block 44, to point in Block 107. Min- neapolis Relative to location of the road nearest the west bank of Missis- sippi river across right of way of C., M. & St. P. Ry. Spur track upon and across East Twenty-seventh street, from point between Twenty-seventh and Twenty-eighth avenues south, to a point in north line of said East Twenty-seventh street • • • RAILROAD GRANTS AND FRANCHISES. Single spur track upon and across Seventh avenue south, from a point in Industry Track, in Block 45, northwesterly to a point in Block 46, Minneapolis One railway track across Eighth avenue south, extending into Lot 12, Block 97, Minneapolis. Four railway tracks upon and across Ninth avenue south between Lot 13, said Block 97, and southwesterly half of Ankeny, Robinson & Pettit's Sub- division of Block 114, Minneapolis. Spur track upon and across Dartmouth avenue, from point in East Side spur, northwestwardly across said avenue, etc…………… Single spur track upon and across Seventh avenue south, from connection with Industry Track in Block 45, Minneapolis, northwesterly to a point in said track in Block 46, Minne- apolis • Two tracks upon and across East Thirty-sixth and Thirty-seventh streets, and one track upon and across East Thirty-eighth street, as located upon blue print. One railway track upon and across Hiawatha avenue, from a point 35 feet northwesterly from Twenty-eighth street, to a point about 35 feet southeasterly from Twenty-eighth street, etc. Two spur tracks across East Lake street, between Hiawatha and Minnehaha avenues, in the City of Minneapolis.. Additional track across Twelfth avenue south, from a point about 12 feet northwesterly from Twelfth avenue south, thence southeasterly crossing said avenue to east-bound main track of said company One railway track upon and across Third avenue south, from Lot 1, Block 18, Minneapolis, to Lot 6, Block 19. Minneapolis..... One side track upon and across Twenty-eighth street south, as shown upon blue print map on file in office of City Engineer One railway track across Dupont avenue south and upon and along Twenty-ninth street from point 198 feet east of Emer- son avenue south, southeasterly and easterly to a point in west line of alley in Block 20, Windom's Addition.. Two railway tracks across Fourth street south, from Lot 8, Block 121, Town of Minneapolis, northwesterly across said street, to Lot 2, Block 122, Minneapolis..... •• Two railway tracks across Eleventh avenue south, from point 80 feet northeastwardly from southwest corner of said Block 122, thence northwestwardly across said avenue, to a point 125 feet northeasterly from the southeast corner of Block 105, Minneapolis One railway track upon and across Bryant avenue, distant fifteen feet northwardly from the main track of the Hastings and Dakota Division of said railway.... One railway track across Third avenue south, center line of which to be parallel to and distant about ten feet south of north line of right of way of said company. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COM- PANY: D • • • ► • One track across Third avenue north and two or more tracks across Fourth and Fifth avenues north, said lines to cross said avenues at points northeast of a line running through centers of Blocks 7, 8 and 9, Minneapolis... 143 445 446 448 450 451 453 454 456 457 459 460 462 463 465 465 466 468 469 CONTENTS-ORDINANCES. 11 RAILROAD GRANTS AND FRANCHISES. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COM- PANY-Continued. Temporary track on River street... One or more railway tracks, etc., over, along and across alleys in Blocks 6 and 7, Minneapolis, and across Fifth and Sixth ave- nues north, etc. Two railway tracks, etc., upon, along and across alleys in Blocks 8 and 9, Minneapolis, and across Fourth avenue north, etc.... Switching track upon and across First street north, from grounds of said C., St. P., M. & O. Ry. Co., in Block 38, Bassett, Moore & Case's Addition, to grounds of the St. Paul & Northern Pacific Ry. Co., in Block 4, of said addition.. One or more tracks across, over and along Twenty-fourth avenue southeast, Twenty-third avenue southeast, Chambers street. Twenty-two-and-a-half avenue southeast, alleys between said streets, and alley across Block 38, Guerney Park Addition, etc. Vacation of portions of Fourteenth, Fifteenth, Sixteenth and Nine- teenth avenues north, for the use and benefit of the C., St. P., M. & O. Ry. Co., etc. Railway lines and tracks on that portion of Seventeenth avenue north, between First street and the Mississippi river.. Three steel plate girder viaducts over Plymouth avenue for pur- pose of connecting company's present terminal facilities with terminal facilities to be constructed upon Blocks 16, 17, 24, 25, 32, 33 and 37, Bassett, Moore & Case's Addition. · • 469 etc. Extension of said tracks crossing Mississippi river and other tracks upon and along River street, as laid out in Steele's Addition, and upon ground occupied by tracks of M. & St. L. and Minneapolis & Eastern Ry. Co., and use of all said por- tion of River street for railway tracks, depots, etc..... Four or more railway tracks across Hennepin avenue easterly of anchor piers of suspension bridge, and one or more tracks westerly of said piers, and along and upon all of River street to First avenue north, and on southwesterly half of River street between First avenue north and tracks of St. P.. M. 471 472 473 475 477 478 480 MINNEAPOLIS UNION RAILWAY COMPANY: Five railway tracks over and across Fifth street and Sixteenth avenue southeast at their junction; Fourth street and Fif- teenth avenue southeast at and northwesterly of their junc- tion; Third street southeast or University avenue, between Thirteenth and Fourteenth avenues southeast; Fourteenth avenue southeast, between Third and Fourth streets, near crossing of said Fourteenth avenue and Tuttle's creek......481, 482 Also said five railway tracks along and over Bluff street, from crossing of Tuttle's creek and Bluff street to Ninth avenue southeast 482 Also two of said five tracks from and across Ninth avenue south- east, crossing junction of Eighth avenue southeast and Main street to Seventh avenue southeast to a point on Main street southeast 500 feet southeasterly of Central avenue, etc.. . . . Also spur tracks across Main street to connect said lines of rail- way with mills, etc. Also two or more of said five tracks from and across Ninth ave- nue southeast across corner formed by Eighth avenue south- east and Main street, across Sixth avenue southeast to end of bridge, thence across Mississippi river, etc., to point on westerly bank between Second and Third avenues south....482,483 Removal of tracks of Minneapolis & St. Louis Ry. Co. and Minne- apolis Eastern Ry. Co. from near and upon River street to westerly location, and extension of same across Second ave- nue south, Hennepin avenue, First, Second and Third avenues north and First street to junction with St. P., M. & M. Ry., 482 482 483 483 12 CONTENTS-ORDINANCES. RAILROAD GRANTS AND FRANCHISES. MINNEAPOLIS UNION RAILWAY COMPANY-Continued. • & M. Ry. Co., etc., crossing First, Second and Third avenues north; thence to a connection with tracks of St. P., M. & M. Ry. at or near First street... Filling in under suspension bridge 100 feet easterly from main piers of said bridge for roadway, depot grounds and ap- proaches Bridge over said tracks on Fifth street southeast. Bridge over tracks Main street southeast, etc., on Sixth avenue southeast Stone abutments, etc., for bridge over said tracks at Hennepin avenue Iron bridge on First avenue north over railway tracks on River street Construction of other bridges by railway company. Maintenance of abutments of said bridges, construction and main- tenance of gutters, maintenance of culverts. • • ST. PAUL AND NORTHERN PACIFIC RAILWAY COMPANY: Switching track upon and across First street north from grounds of Chicago, St. Paul, Minneapolis & Omaha Ry. Co., in Block 38, Bassett, Moore & Case's Addition, to grounds of St. P. & N. P. Ry. Co., in Block 4, said addition... Single or double track railway over and along Main street from north line of Wright's Addition to Ferry street; across Ferry street to Block 4, Orth & Hechtman's Addition, across Cali- fornia street, Hechtman street, Grand street and Marshall street, to Block 2, Ewing & Chute's Addition, thence across Mississippi river, etc. • • • • Single or double track railway from west bank Mississippi river, between Twenty-fourth and Twenty-sixth avenue north, southwesterly, etc., across Twenty-fourth avenue north to and into First street, thence southward along easterly part of First street across Twenty-third, Twenty-second, Twenty-first, Twentieth, Nineteenth, Eighteenth, Seventeenth, Sixteenth, Fifteenth, Fourteenth, Thirteenth or Plymouth, and Tenth avenues north, to Block 9, Bassett, Moore & Case's Addition.. Railroad tracks for terminal railroad yard upon ground bounded on north by Tenth avenue north, on east by First street north, on south by St. P., M. & M. Ry., and on west by Seconà street north, crossing Ninth, Eighth, Seventh, Sixth, Fifth and Fourth avenues north, within said limits..... • Single or double track railway from point at or near south line of Twenty-third avenue north, northerly upon and along First street north, across Twenty-fourth avenue, Twenty-sixth ave- nue and along and over Second street north, across Twenty- seventh, Twenty-eighth. Twenty-ninth, Thirtieth, Thirty-first and Thirty-second avenues north, across Blocks 48, and 27, Baker's 4th Addition, thence across Thirty-third avenue to and along Two-and-a-half street, across Thirty-fourth avenue north, to northerly line thereof... Single or double track line from point near northwest corner of B. S. Wright's Addition, westerly, southwesterly and south- erly across Marshall street, to and along east bank of Mis- sissippi river, across Ferry street, Orth street, to intersection of Ramsey and River street, across River street to and along Ramsey street to Eighth avenue northeast.. Single or double track from point on main line near Ferry and Main streets, northwesterly by curved line across Ferry street, Main street, to and along Eighteenth avenue northeast or Mulberry street, to St. P., M. & M. Ry.. Bridge on Fourth avenue north, construction and maintenance thereof 483 484 485 486 486 487 487 488 473 490 493 493 493 494 494 495 CONTENTS-ORDINANCES. 13 RAILROAD GRANTS AND FRANCHISES. ST. PAUL AND NORTHERN PACIFIC RAILWAY COMPANY-Continued. Side track from point on line of railway on First street north, opposite Lct 5, Block 4, Cobb's Addition, southerly and south- westerly across First street and Twenty-third avenue north, to Block 8, North Minneapolis.... Single or double track over, along and across Thirty-first avenue northeast, from Main street to unplatted land on Mississippi river, across California street, Grand street, Randolph street and Marshall street Spur track across Grand street at some point between north and south lines of Lot 26, Auditor's Subdivision No. 34, for use of G. Gluek & Sons Spur track from point where south line of Twenty-second avenue north intersects railway line on First street, thence across Twenty-second avenue north to spur track along easterly side of Block 8, Cobb's Addition to North Minneapolis, thence along said spur track to south line of Twenty-third avenue north, thence across Twenty-third avenue north, along First street to south line of Twenty-fourth avenue north, for use of Joannin & Hanson Company • NORTHERN PACIFIC RAILWAY COMPANY: avenues Railroad with one or more tracks from north line of city south- easterly on east side of and parallel with Great Northern Railway track, etc., across Thirty-seventh avenue northeast and NE of SE of Sec. 3, T. 23, K. 24, to west line of Sec. 2, T. 29, R. 24. Thence across SW4 of said Sec. 2 to south line thereof, etc., crossing Thirty-first avenue northeast; thence across N½ of NW4 of Sec. 11, T. 29, R. 24, crossing Jarrett street, University avenue and Territorial Road, to north line of Phillip's Addition; thence across said addition over Twenty- seventh, Twenty-sixth and Twenty-fifth avenues northeast and Fifth, Sixth and Seventh streets, to and across Lennon and Newell's Addition, over Twenty-fifth, Twenty-fourth, Twenty- third and Twenty-second avenues northeast and Seventh, across Cobb's Washington and Jefferson streets, to and Addition, etc., crossing Twentieth, Nineteenth and Eigh- teenth and Madison and Monroe streets, to and and across East Side Addition, crossing Monroe Quincy streets streets and Eighteenth-and-One-Half and Eigh- teenth avenues northeast, to south line of said Sec. 11; thence southeasterly across N½ of NE of NE4 of Sec. 14, T. 29, R. 24, to and across Johnson's Addition, crossing Eighteenth avenue northeast, Van Buren street, Central avenue and Fifteenth avenue northeast, to east line of said Sec. 14; thence across unplatted land in NW4 of Sec. 13, T. 29, R. 24, crossing Central avenue, Polk street and Filmore street, to and across Cumming's Second Addition, crossing Filmore, Pierce, Buchanan and Broadway streets, etc., to east line Block 3, said addition; thence across unplatted land in SE of NW of said Sec. 13, crossing Broadway street, to and across Ramsey, Lockwood and Others' Addition, crossing Broadway, Lincoln and Johnson streets to N. and S. line in Sec. 13; thence across unplatted land in W½ of SE4 of said Sec. 13, crossing Johnson street, to and across James Stinson Boulevard Addition and Elwell's Second Addition, crossing D, E, F and G streets, Stinson's boulevard, Winter and Division streets, to and across Elwell's Addition, cross- ing Division street and Eighteenth avenue southeast, to and across Way's Addition and Elwell & Higgin's Addition, cross- ing Eighteenth, Nineteenth, Twentieth and Twenty-first avenues southeast, Division street, Talmage avenue, etc., to west line of NE of NW4, Sec. 19, T. 29, R. 23; thence across unplatted lands in Sec. 19 to east line of said section, crossing Como avenue and Elm street.. 499 500 501 502 503 14 CONTENTS-ORDINANCES. RAILROAD GRANTS AND FRANCHISES. NORTHERN PACIFIC RAILWAY COMPANY.-Continued. Railroad with two or more tracks from a point on west line of Twentieth avenue south and distant 31 feet northeasterly from south line of Lot 8, Block 6, Hancock & Rice's Addition, thence southeasterly across said addition, crossing Twentieth and Twenty-first avenues south, to and across Government Lot 8, Sec. 25, T. 29, R. 24, to Mississippi river; thence across Mississippi river to and across St. Anthony City, crossing Prospect, Pleasant, State, Church, Union, Harvard, Walnut and Oak streets and University avenue, to and across Regent's Addition, crossing Twenty-third, Twenty-fourth, Twenty-fifth and Twenty-sixth avenues southeast, Fourth street and Uni- versity avenue, to north and south line in Sec. 30, T. 29, R. 23; thence across unplatted land in W½ of NE4 of said Sec. 30, crossing Mary street, to and across unplatted land in SE of NE¼4 of said Sec. 30, to east line of city and said section.... Double track iron railroad viaduct over Twentieth avenue south and Twenty-first avenue south.. Bridges at Union and Harvard streets. Separation of grades at Como avenue. Signal gates and watchmen at railway crossings at Como ave- nue, Broadway, Central avenue, Stinson boulevard, Division and Filmore streets, etc. Spur track from main track in Block 3, Cobb's Addition, easterly across Pacific street and Mill street, southerly across Twenty- third. Twenty-second and Twenty-first avenues north, to Block 3, Town of North Minneapolis.. Single spur track over and across Second street northeast be- tween Seventeenth and Eighteenth avenues northeast, etc.. Extension of spur track now terminating in Block 3, Town of North Minneapolis, across Twentieth, Nineteenth and Eigh- teenth avenues north, terminating in Block 32, Bassett, Moore & Case's Addition · Extension of spur track now terminating in Block 3, Town of North Minneapolis, northerly across Twenty-fourth and Twenty-sixth avenues north, on bank of Mississippi river, and terminating at point between Twenty-sixth and Twenty- seventh avenues north • Four railway tracks from tracks near intersection of Twenty- third avenue and Fourth street southeast, thence westerly along said Fourth street and across Twenty-second avenue southeast, thence northwesterly across Marshall avenue, On- tario street or Twenty-first avenue southeast, Bell street, Oak street, Eighteenth avenue southeast to tracks of Great Northern Railway near Eighteenth avenue southeast...... Single spur track upon Polk street northeast, from southerly boundary line of company's right of way, southerly 470 feet Team track for loading and unloading freight upon Second street north between easterly line of said Second street and a line 12% feet westerly therefrom and parallel therewith, etc…………… Railway track over and across streets and alleys from a point in Lot 8, Block 41, Cummings & Brott's Addition, easterly to and across Harrison street, Block 21 of Ramsey, Lockwood and Others' Addition, and Tyler street, to point near lines of Lots 9 and 10, Block 22, said last named addition. Spur track upon and across Thirty-second avenue north and First street north, from point near Lot 5, Block 48, Baker's 4th Addition, southeasterly on curved line to point 6 feet north of south line of Thirty-second avenue north; thence east to a point north of east end of factory building of M. A. Gedney Pickling Company One railway track upon and across Stock Yard Road at a point where Fourteenth avenue northeast, if extended, would cross said road • • 505 506 506 507 507 510 512 513 515 516 519 520 522 524 526 CONTENTS—URDINANCES. 15 • RAILROAD GRANTS AND FRANCHISES. NORTHERN PACIFIC RAILWAY COMPANY-Continued. Two additional side or spur tracks upon and across Eighteenth avenue northeast and Washington street, etc. One additional side track upon and across Eighteenth avenue northeast and University avenue northeast, etc. Two additional side tracks across Fourth street northeast, for- merly Four-and-a-half street northeast, etc. Single spur track upon First street north, commencing at switch 25 feet south of Seventeenth avenue north, to point near northeast corner of Lot 1, Block 31, Bassett, Moore & Case's Addition Single spur track upon Water street northeast, from main line of railway on said street, between Fourteenth and Fifteenth avenues northeast, to west line of Block 5, Orth's Addition.. MINNESOTA AND NORTHWESTERN RAILROAD COMPANY: Railroad with one or more tracks over and across Second street, Eleventh avenue, First street, Twelfth avenue, Thirteenth avenue, Bluff street and Nineteenth avenue, in Sixth ward of city.-Bridges and viaducts... Vacation of certain streets, alleys and avenues.-Railroad with one or more tracks in Second ward over and across Fourth street, Fifth street, Twenty-sixth avenue, Twenty-fifth ave- nue, Twenty-fourth avenue, Marshall avenue, Eighteenth ave- nue, Twenty-two-and-a-half avenue, etc. • • • MINNEAPOLIS. ST. PAUL AND SAULT STE. MARIE RAILWAY COMPANY: • • • Spur track across Forty-fourth avenue north near Aldrich avenue, if cut through, and across Lyndale avenue near where it crosses Forty-fifth avenue north Double spur track across Twenty-seventh, Twenty-six-and-a-half, and Twenty-sixth avenues northeast, and Sixth and Fifth streets northeast, parallel with right of way of Great North- ern Railway, on land adjoining said right of way, for use of P. B. Mann Company Single spur track upon and across Marshall street, from connec- tion with spur track existing on Lot 9, Auditor's Sub. No. 35, thence westerly across said Marshall street, on line 100 feet south of main line track Railway track upon three-cornered portion of Eighth avenue north, north of line drawn from point 12 feet from northeast corner of Lot 12, Bassett, Moore & Case's Addition, to center line of said Eighth avenue, where same terminates in west line of railway terminals Extension of present terminal across Fifth avenue north, etc., etc. • Side track upon and across Sixth street northeast and Twenty- fifth avenue northeast, for use of Pioneer Steel Elevator Company CHICAGO GREAT WESTERN RAILWAY COMPANY: One track of railway upon and along Ontario street, from pres- ent southwesterly track near south line of Belle street, south upon and along easterly side of said Ontario street to north line of Marshall avenue; thence across Marshall avenue to north line of Lot 5, Block S, Washburn's Subdivision; thence southerly, etc., to connection with track of C., M. & St. P. Ry. Co., near Fourth street southeast... Service track from south end of present service track at south- west corner of Block 2, Washburn's Subdivision, southerly across Marshall avenue to south line of said Marshall avenue Four additional tracks upon and over Second street south, be- tween Tenth and Eleventh avenue south, from connection with main line to passenger and freight depots on Block 113. Minneapolis, etc. 527 527 527 529 530 532 534 536 537 538 540 541 543 545 546 547 16 CONTENTS. RAILROAD GRANTS AND FRANCHISES. CHICAGO GREAT WESTERN RAILWAY COMPANY-Continued. Railway tracks upon and over Eleventh avenue south, Twelfth avenue south, First street south, Thirteenth avenue south Cedar avenue and Nineteenth avenue south, as shown in red lines on plat on file in City Engineer's office. WISCONSIN CENTRAL RAILWAY COMPANY: Vacation of portions of First avenue north, Second avenue north, and alley, for use of said Wisconsin Central Railway Com pany One railway track upon and across Fourth avenue northeast, near eastern terminus of said avenue, and at location shown on blue print filed in office of City Engineer……. BURLINGTON, CEDAR RAPIDS AND NORTHERN RAILWAY COM- PANY: Five railway tracks upon and over Tenth and Eleventh avenues south, between Fourth and Fifth streets south, as shown upon blue print filed in office of City Engineer….. • BRIDGE- Over railway tracks on Second street north.. Summary of resolutions, motions and reports of committees rela- tive to railroad companies and franchises. City Charter Municipal Court Act Court Reporter Witness Fees Bread Inspector Cemeteries Contingent Fund for Mayor Police Relief Association • Free Schools Parks and Parkways Park Bonds INDEXES. • • Tax Collections-Monthly Settlements Board of Charities and Corrections Department of Health • Court House and City Hall Commission Board of Tax Levy Rules of City Council Ordinances • 550 552 554 555 557 986 1030 1105 1119 1120 1120 1120 1120 1120 1120 1120 1120 1125 1131 1144 1144 1149 1150 1131 An Act to Amend and Consolidate the Char- ter of the City of Minneapolis. Chapter 76, Special Laws 1881, pp. 418-493 Approved March 8, 1881, as Amended. CITY CHARTER. I. City and Ward Boundaries.-Taxes levied in 1886.-City Election, 1887. II.-Officers and Elections.-Vacancies and removals.-Misconduct, -Conflicting laws. ings. III.-Powers and Duties of Officers.- Jurisdiction of Municipal Court. IV. City Council; general powers and duties.-Restrictions relative to of liquors.-Ordinances, resolutions, etc.-Adjusting ac- counts.-Condemnation proceed- Industrial Exposition.- Revocation of licenses.-Powers exercised by resolution, when. V.-Financial.-Assessments and tax proceeds; how appropriated.— Licenses and proceeds.—Bonded Indebtedness. Settlements and Apportionments. - Orders; how issued, paid and cancelled.-De- positories. VI. Police Department. VII.-Fire Department.-Fire Limits.- Chief Engineer and assistants.- sale ge - etc. Fire marshal and police-Wooden structures, sidewalks, etc. VIII. Streets, alleys, public grounds. -Bridges and water courses.— Sidewalks, pavements, etc. Im- provements and repairs. Lia- bility for injuries.-Void con- tracts. IX.-Water Works, mains and sewers. -Drainage.-Gas and water pipes. Electric wires.-Water rates, etc. X.-Local improvements.-Special as- sessments, appraisements, awards, benefits and damages Confirmations, appeals, etc.- Streets, sidewalks, water works, paving, etc. XI.-Miscellaneous provisions.-Ordi- nances, etc.-Crim- resolutions, inal and civil actions.-Official printing, etc. XII.-Library board, powers and du- ties. Tax levy and proceeds.- Real estate acquired and sold. Be it enacted by the Legislature of the State of Minnesota: SECTION ONE. S ! act The act entitled "An Act Consolidating the cities of St. Anthony Amending and Minneapolis and Incorporating the Same Into One City by the solidation. Name of *Minneapolis," approved February 28, A. D., 1872, and the subsequent acts of the Legislature amending the same, are hereby con- solidated and amended so that the same shall constitute the Charter Charter to of said City of Minneapolis, which shall read as follows: read. *St. Anthony was incorporated as a city, March 3d, 1855; Minneapolis as a town, March 1st, 1856, and as a city. Feb. 6th, 1867. The two cities were con- solidated Feb. 28, 1872. [See special laws 1872, chapter 10, page 56.]. 18 MINNEAPOLIS CITY CHARTER. City a municipal corporation. General and special pow- ers. Territory comprised in city. SECTION. 1. Municipal 2. *CHAPTER I. CITY AND WARD BOUNDARIES. Corporation created- General powers at common law. -Special powers. Limits of city.-Taxes levied in 1886, how applied.-Sale of liq- uors prohibited in certain terri- tory. SECTION. Thirteen Wards.-Boundaries and description of same. 4. Preceding sections not to affect tenure of certain officers.-Ald- dermanic representation and terms.-Ward taxes levied in 3. 1886. SECTION I. All that district of country in the county of Hennepin and State of Minnesota, contained within the limits and boundaries. hereinafter described, shall be a city by the name of MINNEAPOLIS, and all the people now inhabiting and those who shall hereafter inhabit the said district shall be a Municipal Corporation by the name of the "CITY OF MINNEAPOLIS," and by that name may sue and be sued, plead and be impleaded, in any court; make and use a common seal and alter it at pleasure; take and hold, lease and convey all such real, personal and mixed property as the purposes of the corporation may require, or the transaction or exigencies of the business may render convenient with- in or without the limits of such district; shall be capable of contracting and being contracted with, and shall have all the general powers pos- sessed by Municipal Corporations at common law, and in addition thereto shall possess all powers hereinafter specifically granted, and all the authorities thereof shall have perpetual succession. SEC. 2. The district of country constituting the City of Minnea- polis shall include the following described lands and territories: The southwest quarter (4) of section seven (7) and all of sec- tions eighteen (18), nineteen (19), thirty (30) and thirty- one (31), all in township twenty-nine (29), range twenty- three (23), west. And all of sections one (1), two (2), three (3) and four (4), the east half of sections five (5) and eight (8), all of sections nine (9), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15) and sixteen (16), the east half of sections seventeen (17) and twenty (20), all of sections twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29), thirty-two (32), thirty-three (33), thirty-four (34), thirty-five (35) and thirty-six (36), all in township twenty-nine (29), range twenty-four (24), west; sections one (1), two (2), three '(3), four (4), five (5), eight (8), nine (9), ten (10), eleven (II), twelve (12), thirteen (13), fourteen (14), fifteen (15), sixteen (16) and seventeen (17), all in township twenty-eight (28), range twenty-four (24), west; sections six (6), seven (7) and eighteen (18), all those parts of sections five (5), eight (8) and seventeen (17) lying west of the centre line of the Mississippi river, all in township twenty-eight (28), range *Entire Chapter I. amended by charter 10. section 1, Special Laws 1887, p. 426. MINNEAPOLIS CITY CHARTER. 19 CITY AND WARD BOUNDARIES. CHAPTER I. twenty-three (23); all that part of section thirty-two (32) Territory lying west of the Mississippi river in township twenty-nine in city. (29), range twenty-three (23), west; all of section eleven (11) and of fractional section fourteen (14) and all that part of section twelve (12) and of fractional section thirteen (13) ly- ing west of the centre line of the Mississippi river, all in town- ship one hundred eighteen (118), range twenty-one (21), west; all of said district of country being in the County of Hennepin and State of Minnesota. 1886-7. All taxes for the current year levied or assessed for any purpose Taxes of upon property within any territory which is hereby added to the City of Minneapolis, shall belong to the City of Minneapolis, and be paid into its treasury to be applied to the various purposes for which they were levied or assessed, except taxes levied for school purposes in school districts numbered six (6) and eight (8). All debts owing by school districts, except numbers six (6) and eight (8), the real estate belonging to which is included within the city limits, as above de- scribed, shall be assumed and paid by the City of Minneapolis, and all moneys and property belonging to such school districts shall belong to the said city; provided, however, That for school purposes, school dis- tricts numbered six (6) and eight (8) shall neither of them be af- fected by this act. School dis- tricts 6 and 8. Sale of liquor forever pro- certain ter- ritory. hibited It is hereby further expressly provided, That no spirituous or malt liquors shall ever be sold within any territory which is by this act added to the city limits of the City of Minneapolis as the same existed prior to its passage; and the City of Minneapolis is hereby expressly for- bidden from ever licensing the sale of any spirituous or malt liquors within the territory hereby added to the limits of said city. SEC. 3. The City of Minneapolis is hereby divided into thirteen City divided (13) wards, bounded and described as follows: into wards. limits. First Ward. The First (1st) Ward of the City of Minneapolis First ward shall comprise all of the following bounded lands and territory: Com- mencing at a point in the centre of the Mississippi river on the north. line of section three (3), township twenty-nine (29), range twenty- four (24), thence southerly along the centre line of the main channel of said river to a point where the same is intersected by the middle line of the suspension bridge in said city, running thence easterly along the middle line of said bridge, along the middle line of the street. crossing the island therefrom, of the stone arch bridge and of Cen- tral avenue to its junction with Fifth (5th) street northeast, thence along the centre line of Fifth (5th) street northeast, and upon a line which would be an extension of said centre line of Fifth (5th) street northeast to the north line of section two (2), township twenty-nine. (29), range twenty-four (24), thence west to the point of beginning. Second Ward.—The Second Ward of the City of Minneapolis shall comprise all of the following bounded lands and territory: Com- mencing at the intersection of the centre line of the Mississippi river in said city with the middle line of the suspension bridge, thence follow- ing down the centre of the main channel of said river to its intersec- tion with the east line of section thirty-one (31), township twenty-nine (29), range twenty-three (23), thence north along the line dividing the Second ward limits. 20 MINNEAPOLIS CITY CHARTER. CHAPTER I. Second ward limits. Third ward limits. Fourth ward limits. CITY AND WARD BOUNDARIES. county of Hennepin from the county of Ramsey, to a point which would be intersected by the direct continuation of the middle line of Division street in said city to said boundary line between the counties of Hennepin and Ramsey, thence westwardly along the line which would be a direct continuation of the middle line of said Division street, and thence along the middle line of said Division street to its intersection with the centre line of Ninth (9th) street southeast, thence northwestwardly along the centre line of Ninth (9th) street, southeast to its intersection with the centre line of Central avenue, thence along the middle line of Central avenue, of the stone arch bridge of the street crossing the island therefrom and of the suspension bridge to the point of beginning. Third Ward.-The Third (3d) Ward of the City of Minneapo- lis shall comprise all the following bounded lands and territory: Com- mencing in the centre of the Mississippi river at a point where the centre of the main channel of the said river would be intersected by the centre line of Twenty-sixth (26th) avenue north, if directly extended thereto, thence southerly along the centre line of the main channel of said river to a point where the same would be intersected by the centre line of Third (3d) avenue north if directly extended thereto, and running thence southwesterly along said extended line and along the centre line of Third (3d) avenue north to Sixth (6th) street north, thence northwesterly along the centre line of said Sixth (6th) street north to its intersection with the centre line of Sixth (6th) avenue north, thence west along the centre line of Sixth (6th) avenue north, and along a line which would be a direct continuation of said centre line of said Sixth (6th) avenue north to the west boundary lines of said city, thence north along the west boundary line of said city to the centre line of Twenty-sixth (26th) avenue north, extended thereto, thence east to the point of beginning. Fourth Ward.-The Fourth (4th) Ward of the City of Minnea- polis shall comprise all of the following bounded lands and territory: Commencing in the centre of the Mississippi river at a point where the middle of the main channel of said river would be intersected by the middle line of Third (3d) avenue north if directly extended thereto, and running thence southwesterly along said extended line and along the middle line of Third (3d) avenue north to Sixth (6th) street north, thence northwesterly along the middle line of said Sixth (6th) street north to the middle line of Sixth (6th) avenue north, thence west along the centre line of Sixth (6th) avenue north, and along a line which would be a direct continuation of said Sixth (6th) avenue north to the west boundary line of said city, thence south along the west boundary line of said city to the southwest corner of section twenty- nine (29), township twenty-nine (29), range twenty-four (24), thence east along the south line of sections twenty-nine (29), twenty-eight (28) and twenty-seven (27), to the southeast corner of the southwest quarter (4) of said section twenty-seven (27), township and range aforesaid, being at the intersection of Nicollet and Franklin avenues in said city, thence north along the middle line of Nicollet avenue to the middle line of Grant street, thence along the middle line of Grant street to the middle line of First (1st) avenue south, thence along the MINNEAPOLIS CITY CHARTER. 21 CITY AND WARD BOUNDARIES. limits. middle line of First (1st) avenue south and along a line which would Fourth ward be a direct continuation of said middle line of First (1st) avenue south, to the middle line of the main channel of the Mississippi river and running thence up said river along the middle line of its channel to the point of beginning. Fifth Ward.-The Fifth (5th) Ward of the City of Minneapolis Fifth ward shall comprise all of the following bounded lands and territory: Com- limits. mencing at a point where the middle line of First (1st) avenue south extended in a direct line would intersect the middle line of the main channel of the Mississippi river, thence southwesterly along said ex- tended line and along the middle line of First (1st) avenue south to Grant street, thence along the middle line of Grant street to Nicollet avenue, thence south on the middle line of Nicollet avenue to the centre line of Twenty-fourth (24th) street south, thence east along the centre line of Twenty-fourth (24th) street to the centre line of Tenth (10th) avenue south, thence north and northeasterly along the centre line of Tenth (10th) avenue south to the middle line of the main channel of the Mississippi river, thence up the middle line of the main channel of the Mississippi river to the point of beginning. Sixth Ward.—The Sixth (6th) Ward of the City of Minneapolis shall comprise all of the following bounded lands and territory: Com- mencing at a point in the middle of the main channel of the Mississippi river, which would be intersected by a line which would be a direct continuation of the middle line of Seventh (7th) street south, thence west and northwesterly along said line and the middle line of said Seventh (7th) street south, to the centre line of the Tenth (10th) avenue south, thence along the centre line of Tenth (10th) avenue south to the centre line of the main channel of the Mississippi river, thence down the line of the main channel of the Mississippi river to the point of beginning. < CHAPTER I. Seventh Ward. The Seventh (7th) Ward of the City of Min- neapolis shall comprise all of the following bounded lands and terri- tory: Commencing at the intersection of Chicago avenue and Twenty- fourth (24th) street; thence running easterly along the centre line of Twenty-fourth (24th) street to the intersection of Hiawatha avenue; thence southeasterly along the centre line of Hiawatha avenue to the intersection of Twenty-eighth (28th) street; thence west along the cen- tre line of Twenty-eighth (28th) street to the intersection of Twenty- first (21st) avenue south; thence southerly along the centre line of Twenty-first (21st) avenue to the southern limits of the city; thence westerly along the southern limits of the city to the intersection of Chi- cago avenue; thence northerly along the centre line of Chicago avenue to the place of beginning. Sixth ward limits. Seventh ward limits. As amended by chapter 130 Special Laws 1891, p. 763. limits. Eighth Ward.—The Eighth Ward of the City of Minneapolis shall Eighth ward comprise all of the following bounded lands and territory: Com- mencing at the intersection of Chicago avenue and Twenty-fourth (24th) street, thence west along the centre line of Twenty-fourth (24th) street to the centre line of Nicollet avenue, thence north along the centre line of Nicollet avenue to the centre line of Franklin avenue, thence west along the centre line of Franklin avenue and along a line 22 MINNEAPOLIS CITY CHARTER. CHAPTER I. Eighth ward limits. Ninth ward limits. Tenth ward limits. Eleventh ward limits. Twelfth ward limits. Thirteenth ward limits. Tenure of office not affected. Tenure of office of aldermen. CITY AND WARD BOUNDARIES. that would be a direct continuation of said centre line of Franklin ave- nue to the west boundary of the City of Minneapolis, thence along the west boundary line of said city to the southwest corner of section thirty-two (32), township twenty-nine (29), range twenty-four (24); thence east along the south line of said section to the southeast corner thereof, thence south to a point which would be intersected by the direct extension of the centre line of Thirty-fourth (34th) street thereto, thence east along said line and along the centre of Thirty- fourth (34th) street to the centre line of Chicago avenue, thence north to the point of beginning. Ninth Ward.—All that part of the City of Minneapolis which lies north and east of the First (1st) and Second (2d) Wards of said city as above described shall constitute the Ninth (9th) Ward. Tenth Ward. All that part of said city which lies north of the Third (3d) Ward of said city as above described, shall constitute the Tenth (10th) Ward. Eleventh Ward.-All that part of said city which is bounded by the Fifth (5th), Sixth (6th), Seventh (7th) and Second (2d) Wards, shall constitute the Eleventh (11th) Ward of said city. Twelfth Ward.-All of the territory within the limits of the city, lying south of the Eleventh (11th) Ward, and east of the Seventh (7th) Ward, shall constitute the Twelfth (12th) Ward. (As amended by Ch. 130, Sec. 2, Special Laws 1891, p. 764.) Thirteenth Ward.—All that part of said city which lies south of the Eighth (8th) Ward and west of the center line of Chicago ave- nue and of a line which would be a direct continuance of the centre line of said avenue to the south limits of the city, shall constitute the Thirteenth (13th) Ward. SEC. 4. The preceding sections of this chapter shall be construed as continuing and extending the present city boundaries and as con- tinuing, extending and creating wards therein; and it is hereby ex- pressly enacted that nothing herein contained shall be construed as legislating out of office any city or ward officer; but every such of- ficer, notwithstanding any change in the limits of the city or ward, shall serve the enlarged city, or the ward within which he lives after passage of this act, until the expiration of the term for which he was elected, subject only to removal in the cases and in the manner pro- vided by law; that is to say, the present Mayor, Treasurer and Comp- troller shall continue as such and the present Aldermen shall be rep- resentatives in the City Council of the wards within which they are thrown by the passage of this act until the expiration of the terms for which they were elected, except as in this charter otherwise pro- vided, and except that the Alderman of the Sixth (6th) Ward, as the same was prior to the passage of this act, who was elected for a term expiring in April A. D. eighteen hundred and eighty-nine (1889), shall serve as one (1) of the Aldermen of the Sixth (6th) Ward, as the same is established by this act, until the expiration of the term for which he was elected, (except as may be otherwise provided in the case of biennial elections), notwithstanding the fact that under the provisions of this chapter such Alderman will live in the Eleventh (11th) Ward of the city, and notwithstanding any provisions of this ! MINNEAPOLIS CITY CHARTER. 23 CITY AND WARD BOUNDARIES. 1 charter which may require an Alderman to live in the ward which he represents in the City Council. Aldermen 1887. At a City Election to be held on the first (1st) Tuesday in April, A. D. eighteen hundred and eighty-seven (1887), there shall elected in be elected two (2) Aldermen for each of Wards Ten (10), Twelve (12) and Thirteen (13), and enough Aldermen in each of the other wards of said city, as such wards are hereby constituted, to give to each of such wards One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Eleven (11) three (3) representatives in the City Council. The term of all Aldermen elected in eighteen hundred and eighty-seven (1887), shall expire on the first (1st) Monday in January, A. D. eighteen hundred and eighty- nine (1889). All taxes levied in eighteen hundred and eighty-six (1886) for ward purposes shall be distributed to the several wards as hereby constituted, according to the valuation of the property in such wards at the time of such levy, upon which a tax for ward purposes was levied. CHAPTER I. Tenure of office of aldermen. Taxes of 1886 distrib- uted. Sec. 3. Ch. 130. Sp. L. 1891. p. 764. Election of Nothing in this act contained shall be construed as legislating out of office any ward or city officer, but every such officer, notwithstanding the changes made in ward boundaries, shall continue to serve in the office to which he has been elected until the end of the term of his office, and shall so serve for the ward in which he resides after this act takes effect; Provided, that at the election held in the year eighteen hundred and ninety-two (1892), there shall be elected in the said Seventh (7th) Aldermen in Ward one (1) Alderman for the term of (2) years, and one (1) for the 7th and the term of four (4) years; and at every biennial election thereafter there shall be elected in said Seventh (7th) Ward one (1) Alderman for the term of four (4) years; And provided further, that at the election held in the year eighteen hundred and ninety-four (1894) there shall be elected in the said Twelfth (12th) Ward one (1) Alder- man for the term of four (4) years and one (1) for the term of two (2) years; and at every biennial election thereafter there shall be elected in said Twelfth (12th) Ward one (1) Alderman for the term. of four (4) years. (Applies only to aldermen of 7th and 12th wards.) 24 MINNEAPOLIS CITY CHARTER. Elective officers. City Council how com- posed. Section 1, as amended by Ch. 85, Sec. 6, Sp. Laws, 1889, p. 702. Term of aldermen. Council to appoint cer- tain officers. SECTION. 2. 1. Elective Officers. Mayor. Alder- men, Treasurer, Comptroller, Boards.-Council to appoint other necessary officers. Terms of office, etc. 3. 5. iCHAPTER II. OFFICERS, ELECTIONS, ETC. - Conduct and Return of Elections.- Members of Public Boards, City Officers, etc. 4. Qualification for Voting same as at a general election. Election Precincts and Polling Places. Ballots and Ballot Boxes. - Elections to be Biennial.-Vacan- cies in office of Mayor or Alder- men filled by Special Election, when. Other vacancies.-Pres- ent incumbents. SECTION. 6. Judges of Election, how appoint- ed. Aldermen to serve, when. 7. Special Elections.-Same Judges, Precincts, etc., when. Election Returns, how canvassed. -Notices of election. Removals, Resignations, Failure to Qualify.-Council to fill va- cancies, when. Oath of office to be filed.-Bonds of certain officers; how exe- cuted. Persons Interested in Contracts with the city ineligible to office. Forfeiture and Exclusion 8. g. 10. 11. } 12 from Office, when. Provisions of Charter and other acts inconsistent with this chapter repealed. *SECTION I. The elective officers of the City of Minneapolis shall be a Mayor, a Treasurer, a Comptroller, members of the City Council, and the members of such other boards as this charter shall create and declare to be elective officers of the city. The City Council shall consist of three (3) Aldermen from each ward in the city until the first Mon- day in January, eighteen hundred and ninety-one (1891), and there- after shall consist of two (2) Aldermen from each ward, to be elected by the qualified voters in their respective wards. The Aldermen shall each hold office for a term of four (4) years from and after the first (1st) Monday in January next following his election; provided that the Aldermen who were elected at the general election held in November, eighteen hundred and eighty-eight (1888), and qualified under such election, shall continue in office until the expiration of the term for which they were elected. At the general election to be held in November, eighteen hundred and ninety (1890), and at each general election held every two (2) years thereafter, there shall be elected one (1) Alderman from each ward to serve for the term of four (4) years from the first Mon- day in January next following his election. All other officers neces- sary for the proper management of the affairs of the city shall be ap- pointed by the City Council unless in this charter otherwise provided. The appointment of such officers shall be determined by ballot, and it shall require the affirmative vote of a majority of all the members of Entire Chapter II. amended by chapter 10, section 2, Special Laws 1887, p. 431. *Section 1 amended by act approved March 5, 1887, (See Special Laws, chap- ter 12. section 4), by adding after the words "Health Officer," in the twenty- seventh line, the words "Inspector of Meats and Provisions,"-evidently an amend- ment to the section repealed the day previous (the words "Health Officer" not appearing in the new section as printed above) and therefore inoperative. ‡See general election law, chapter 4, General Laws 1893, p. 16. MINNEAPOLIS CITY CHARTER. 25 OFFICERS, ELECTIONS, ETC. the City Council to appoint such officers. All officers required to be appointed by the City Council shall, unless in this charter otherwise provided, hold their respective offices for the term of two (2) years from and after the first (1st) Monday in January of the year of their appointment; and all officers elected by the people or appointed by the City Council, or otherwise, shall continue in office until their suc- cessors are appointed and have qualified. SEC. 2. The elections for city officers, members of the City Coun- cil, of the Library Board, of the Board of Park Commissioners, and the Board of Education of the City of Minneapolis, shall be held bien- nially on the first (1st) Tuesday after the first (1st) Monday of November, at the time of, and as a part of the General Election for State and County officers; and the first (1st) of said elections shall occur on the first (1st) Tuesday after the first (1st) Monday of November, A. D. 1888. CHAPTER II. appointed Terms of officers. Biennial officers. election of Vacancies elections. Whenever a vacancy shall occur in the office of Mayor or Alder- and special man, such vacancy shall be filled by a special election which shall be ordered and held within twenty (20) days after such vacancy shall occur. The City Clerk shall give fifteen days' notice of the time and places of holding general elections and special elections and such no- tices shall also designate the officers to be elected at such general or special election, but no defect in such notice or failure to give them, shall invalidate any election. Provided, That whenever a vacancy in the office of Alderman shall occur within sixty (60) days and more than ten (10) days before any general election, that in such case the vacancy shall be filled at the ensuing general election and not at a special elec- tion; Provided, That if said vacancy occur within ten (10) days of said general election, then said City Clerk need only give eight (8) days' notice of the time and place of the election to fill such vacancy. As amended by Ch. 33, Sec. 6, Sp. p. 595. Laws 1889, Notice of tion. special elec- All elections by the people shall be by ballot, and each ballot shall contain the names of the persons voted for with a proper designation of the office written or printed thereon. The person receiving the high- est number of votes for any office shall be declared elected to such of- fice. When two or more candidates for any elective city office shall In cases of receive an equal number of votes the election shall be determined by the casting of lots, in the presence of the City Council at such time. and in such manner as said Council shall direct. tie vote. Ballots. For the purpose of carrying into effect the provisions of this chapter relative to the time of elections and the terms of office of the various officers of said city, it is hereby expressly enacted that the terms of office of the present Mayor, Treasurer and Comptroller and of all Aldermen of said city holding office after the second Tuesday in April, eighteen hundred and eighty-seven (1887), whether said of- ficers were elected for a term expiring before or after the first Mon- Spring day in January, A. D. eighteen hundred and eighty-nine, (1889) shall abolished. continue to or expire on said first Monday in January, A. D. eighteen hundred and eight-nine (1889). That there shall be no general election after the first Tuesday in April, eighteen hundred and eighty-seven (1887), until the first Tuesday after the first Monday in November, eighteen hundred and eighty-eight (1888). visions rela- tive to terms. 26 MINNEAPOLIS CITY CHARTER. CHAPTER II. General election 1888. City election in 1887. Board of education. Park board. Library board. Election of 1888. Mayor, Treasurer and Comp- troller. Aldermen. Members of city boards. } OFFICERS, ELECTIONS, ETC. And it is hereby further expressly provided that (at) a general election to be held on the first (1st) Tuesday after the first (1st) Mon- day in November, A. D. eighteen hundred and eighty-eight (1888), there shall be elected a Mayor, a Treasurer, a Comptroller and two (2) Aldermen in each ward of said city, each of whom shall hold his re- spective office for the term of two (2) years from and after the first (1st) Monday in January, then next ensuing. That at the same time there shall be elected one (1) Alderman in each ward of said city each of whom shall hold his respective office for the term of four (4) years from and after the first (1st) Monday in January then next ensuing. And it is further hereby enacted That, for the purpose of carrying into effect the provisions of this chapter relative to the biennial elec- tions, at the city election to be held in April, eighteen hundred and eighty-seven (1887), there shall be elected three (3) members of the Board of Education and four (4) members of the Board of Park Com- missioners each of whom shall hold his respective office until the first (1st) Monday in January, A. D. eighteen hundred and ninety-one (1891). That all members of the Board of Education and of the Board of Park Commissioners whose terms of office expire in April, A. D. eighteen hundred and eighty-eight (1888), and in April, A. D. eighteen hundred and eighty-nine (1889), shall hold office until the first (1st) Monday in January, A. D. eighteen hundred and eighty- nine (1889) and no longer. That the terms of office of the present members of the Library Board or their successors in the case of a vacancy shall be severally extended from the second (2d) Tuesday in April, eighteen hundred and eighty-eight (1888), eighteen hundred and ninety (1890), and eighteen hundred and ninety-two (1892), to the first (1st) Monday in January, eighteen hundred and eighty-nine (1889), eighteen hundred and ninety-one (1891), and eighteen hun- dred and ninety-three (1893) respectively; that at the general elec- tion in November, eighteen hundred and eighty-eight (1888), there shall be elected four (4) members of the Board of Park Commission- ers and two (2) members of the Board of Education to serve four (4) years, and four (4) members of the Board of Park Commissioners, two (2) members of the Board of Education, and two (2) members of the Library Board to serve for six (6) years from and after the first (1st) Monday in January, eighteen hundred and eighty-nine (1889). · At every general state and city election occurring biennially on the first (1st) Tuesday after the first (1st) Monday in November, after the year eighteen hundred and eighty-eight (1888), there shall be elected a Mayor, Treasurer and Comptroller, each of whom shall hold his respective office for the term of two (2) years from and after the first (1st) Monday in January next after his election; and at each of such elections there shall be elected one (1) Alderman in each ward of said city, who shall hold his office for the term of four (4) years from and after the first (1st) Monday in January next after such election; Provided, That at the biennial election in eighteen hundred and ninety (1890) and every fourth (4th) year thereafter, there shall be elected two (2) Aldermen in each ward; and at each such biennial election there shall be elected four (4) members of the Board of Park I MINNEAPOLIS CITY CHARTER. 27 J OFFICERS, ELECTIONS, ETC. Commissioners, two (2) members of the Board of Education and two (2) members of the Library Board, each of whom shall hold his respective office for the term of six (6) years from and after the first (1st) Monday in January next following such election, and at such election in eighteen hundred and ninety (1890) and every sixth (6th) year thereafter there shall be elected one (1) additional member of the Board of Education, making three (3) such members to be elected in eighteen hundred and ninety (1890) and every sixth (6th) year there- after. CHAPTER II. election. SEC. 3.-The mode of conducting city elections shall be the same Conduct of as is provided by law for the conduct of elections in cities having a population as great as that of Minneapolis, except so far as such law is modified by express provisions of this charter, and all special pro- visions herein contained shall apply to all elections within said city, except that the returns of all elections for city officers, Aldermen, or officers of any Board having the management of any branch of the city government, shall be made to the City Clerk, as hereinafter pro- vided, and the returns of a state or county election shall be made to the Auditor of the County of Hennepin, as provided by law. For the purposes of this Chapter, it is to be understood that the Board of Park Commissioners, the Board of Education and Library Board are Boards having the management of branches of the city gov- ernment. branches Boards of city. SEC. 4. Qualification All persons entitled to vote for State and County of- ficers, and who shall have resided for ten days next preceding the of voters. election in the precinct where they offer their vote, shall be entitled to vote for any officer hereby provided for. precincts. of polls. SEC. 5. The City Council shall, at least twenty (20) days previous Election to the general election for State, County and City officers to be held on the first Tuesday after the first Monday in November, biennially, designate the boundaries of the several election precincts of said city, and for that purpose may divide the several wards into such number of precincts as may be deemed necessary; but no election precinct shall extend over any territory of more than one ward, nor comprise terri- tory which contained more than three hundred voters at the last pre- ceding general election. The City Council shall also at the same time Designation designate the place of holding election in each precinct; and such place so designated shall not be subject to change by the voters present at the commencement of such election. In case such City Council shall neglect or refuse to provide such precincts and place of election previous to general elections, as herein provided, and in all cases of special election, the election precincts and places of holding elections shall continue to be the same as at the general elections next preceding said election; Provided, That when it may be necessary to designate any other place Special elec- for holding a special election than the place where was held the last general election in any precinct, said Council may so designate some other place in said precinct for holding the said special election. when coun- Polls, etc.. cil fails to act. It is hereby expressly enacted, That at every general election and at any election when city officers or members of any Board having the control of any branch of the city government are to be elected, there shall be provided by the proper officer, ballot boxes at each precinct Ballot boxes. 28 MINNEAPOLIS CITY CHARTER. CHAPTER II. Ballots to be endorsed. Park com- mission bal- lots. Board of education ballots. Library board bal- lots. Additional ballot boxes. Aldermen, judges of election. Additional judges. Registers, judges, etc., at special elections. OFFICERS, ELECTIONS, ETC. which shall be kept by the Judges of Election to receive the ballots cast as follows: One (1) ballot box which shall be marked "CITY” and one (1) ballot box to be marked "CITY BOARDS," such last named ballot box shall be so made as to be to all intents and purposes three (3) boxes in one (1), that is to say, it shall be divided by partitions into three (3) separate compartments, and have three (3) separate aper- tures to receive ballots and three (3) separate openings from which ballots may be taken; such compartments shall be severally marked "Park Commissioners," "Board of Education," "Library Board." The names of all persons voted for, for the offices of Mayor, Treasurer, Comptroller, and Aldermen, shall be upon one (1) ballot which, upon the face thereof, shall contain a designation of the office, and the name or names of the person or persons to be voted for, or such of them as any voter may desire to vote for, which ballot, when folded, shall be endorsed or show on the outside thereof the word "City" and shall be placed in the ballot box marked "City." The names of all persons voted for, for members of the Board of Park Commissioners shall be upon one (1) ballot which upon its face shall contain a designation of the office and the name or names of the persons to be voted for, which ballot, when folded, shall be endorsed, or show on the outside thereof the words, "Park Commissioners,” and shall be placed in the ballot box or compartment of a ballot box marked "Park Commissioners." The names of all persons voted for, for members of the Board of Education shall be upon one (1) ballot which, upon its face, shall contain a designation of the office and the name or names of the per- sons to be voted for, which ballot, when folded, shall be endorsed, or show on the outside thereof the words, "Board of Education," and shall be placed in the ballot box or compartment of a ballot box marked "Board of Education." Cate The names of all persons voted for, for members of the Library Board shall be upon one (1) ballot, which upon its face shall contain a designation of the office and the name or names of the persons to be voted for, which ballot, when folded, shall be endorsed, or show on the outside thereof the words, "Library Board," and shall be placed in a ballot box or compartment of a ballot box marked "Library Board." In addition to the ballot boxes herein provided for, there shall be such other ballot boxes for Presidential, Congressional, State, County, and other tickets as the general election laws of the state require. Provided, That when Judges of the Municipal Court or any other city officers not herein expressly provided for, are to be elected, they shall be balloted for upon the ticket herein denominated "City.' "" SEC. 6.-The Aldermen of said city shall be ex officio Judges of Election of the precincts wherein they respectively reside, unless can- didates at such election, or otherwise disqualified or declining to serve. The City Council shall at least twenty (20) days before any general election, appoint such number of Judges of Election as may be neces- sary to constitute a full board for each election precinct as provided by general law. SEC. 7. It shall not be necessary to make new precincts, to ap- point Judges or to make new registers of voters for special elections, MINNEAPOLIS CITY CHARTER. 29 OFFICERS, ELECTIONS, ETC. but the Judges of Election at the last general election in any precinct shall continue to be Judges of Election for such special election and vacancies of Judges may be filled the same as in case of general elec- tions, and such Judges shall have the right to take from the City Clerk and use at such special election the register used at the general election next preceding such special election. SEC. 8. When an election for Alderman, City Officer, or Officers of any Board having the management of any branch of the city gov- ernment shall be closed, the Judges of Election shall make returns thereof to the City Clerk within three (3) days of such an election, in like manner as provided by law for the return of State and County Elections to the County Auditor. Within one (1) week after any City Election, the City Council shall meet and canvass the returns thereof, and declare the result as it appears from such returns, and the City Clerk shall forthwith give notice to the officers elected of their respective elections. SEC. 9. Any officer removing from the city or the ward for which he was elected or appointed, or any officer elected under the provisions of this charter, who shall refuse or neglect to enter upon the discharge of the duties of his office for ten (10) days after the be- ginning of the term which he was elected to fill, he having at least ten (10) days prior thereto been notified of his election, or any officer appointed under the provisions of this charter who shall refuse or neglect to enter upon the discharge of the duties of his office for ten (10) days after notice of his appointment, shall be deemed to have vacated or abandoned his office. Any officer having entered upon. the duties of his office may resign the same by and with the consent of the City Council. All vacancies, except as herein provided, shall be filled by the City Council. CHAPTER II. Returns of election. Canvass, and notice of election. Removal neglect, etc. from city, by Chap. 33, As amended Sec. 2, p. Laws 1889, p. 593. how filled. Vacancies, Oath of office. city officers. SEC 10. Every person elected or appointed to any office under this act, shall, before he enters upon the duties of his office, take and subscribe an oath of office and file the same with the Clerk of the city. The Treasurer, Clerk, Comptroller, Street Commissioners and Bonds of such other officers as the City Council shall require, shall, severally, before they enter upon the duties of their respective offices, execute to the City of Minneapolis, bonds in such amounts and upon such conditions as the City Council may prescribe; and in the absence of special provisions, such officers shall give bonds in the amounts and upon the conditions of the bonds of their predecessors in office. bond. The bond of the Treasurer shall be executed by at least four (4) Treasurer's sureties, who shall justify to an aggregate amount of at least double the penal sum of such bond, and shall be approved by the City Coun- cil by resolution approved and published. The bonds of the other Approval of city officers shall be such as shall be approved by the City Council, or any proper committee thereof. bonds. SEC. II. No person shall be eligible to or shall be elected or ap- pointed to any city office whatever, who is at the time either directly or indirectly interested in any contract with the city, whether said con- tract is made by the City Council or by any Board or officer of said city; and every such contract in which any city officer shall be directly Contracts or indirectly interested shall be void. void, when. officers not to be inter- ested in contracts. 30 MINNEAPOLIS CITY CHARTER. CHAPTER II. OFFICERS, ELECTIONS, ETC. Any elective or appointive officer of the city of Minneapolis, or any person employed in the service of the city of Minneapolis, who shall wilfully violate or evade any of the provisions of law, or com- mit any fraud upon the city or convert any of the public property to his own use or knowingly permit any other person to so convert it, or by gross or culpable neglect of duty allow the same to be lost to the of city prop- city, shall be deemed guilty of a misdemeanor and in addition to the penalties imposed by law, and on conviction, shall forfeit his office and be excluded forever after from receiving or holding any office under the Charter of the city of Minneapolis and shall be liable to re- fund to the city, at the suit of any taxpayer or citizen, any amount lost to said city by reason of any such violation of law. Conversion erty. Fraudulent practices. Disqualifica- tion from office. Provisions of chapter, how con- 'strued. SEC. 12. Any provision of this Charter or of the charters of the Board of Park Commissioners, or the Board of Education, or of the Library Board, inconsistent with this chapter of the City Charter is hereby repealed, and in construing any act creating any of said Boards, the provisions of this chapter shall be considered as a part thereof. f MINNEAPOLIS CITY CHARTER. 31 ¡ 2. 3. SECTION. 1. Mayor to see that the laws are enforced.-Ordinances and res- olutions, how approved.-Ac- tion of City Council in case of veto. Mayor to sign certain 4. 5. 6. 1. 9. 10. 11. 12. 13. 14. 15. CHAPTER III. POWERS AND DUTIES OF OFFICERS. 8. City Physician.-General of. City Engineer.-City Council to prescribe duties.-May appoint assistants. contracts. President and Vice-President of City Council, duties of.-Presi- dent to be acting Mayor in case of absence. City Clerk to keep all papers and records of the city, draw and sign orders-General duties.- Salary. Assistant City Clerk to have pow- er of City Clerk, and serve as clerk for City Council commit- tees. City Attorney in addition to other professional services, to furnish opinions to City Council, and attend its meetings.-General duties and powers. Relating to Health Department repealed. of the Poor. Superintendent Board of Supervisors of the Poor. • duties City Engineer to superintend cer- tain work, and see that con- tracts are performed. Surveys, plats, etc., made in En- gineer's office to be the prop- erty of the city. City Comptroller to keep accounts of the city, and Board of Edu- cation and Library Board.- May appoint assistant. City Comptroller to countersign bonds, orders, etc. City Comptroller to keep account of orders drawn, cancelled, etc. City Comptroller to keep accounts with other city officers, and ex- amine their books and papers. SECTION. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. City Comptroller to make report. City Comptroller to countersign and record contracts. Not to be interested in any city con- tract. City Comptroller to audit all claims before allowance.-May use a seal. City Treasurer to receive all city funds. Ex-Officio Treasurer of Board of of Education and Li- brary Board. 27. 30. 31. City Treasurer to give bond to City Council and Board of Edu- cation. City Treasurer to make report. Wharfmaster, how appointed.— Wharf landings, how regulated. Jurisdiction of Municipal Court. -Revenue to belong to the city. -Offenders may be sentenced to work house. Ex-Officer failing to turn over city property, liable for dam- ages, etc. No city officer or employe to be interested in any city contract. Moneys paid on such con- tracts recoverable. 28. City officers and employes ex- empt from jury duty. City Council may require other duties from city officials. Salary of Mayor.-Salary of Al- dermen. 29. City Council to fix compensation of certain officers by resolution. -Official fees or emoluments to be paid over to the Treasurer monthly and reported to City Council. - Officers having charge of city property to make yearly inven- tory, and report to Council. City Comptroller may appoint an assistant.-Duties and compen- sation. ¦ 32 MINNEAPOLIS CITY CHARTER. CHAPTER III. Duty of Mayor. Approval of ordinances, etc. Action in case of veto. If ordinance not returned by Mayor. Added by Ch. 2, Sec. 6, Sp. Laws 1885, p. 46. President of City Council. As amended by Ch. 33, Sp. L. 1889, Sec. 14, p. 597. Vice Presi- dent. Acting Mayor. City Clerk and duties. As amended by Ch. 33, Sec. 10. Sp. L. 1889, p. 596. Certified transcripts. City orders. POWERS AND DUTIES OF OFFICERS. SECTION I. The Mayor shall take care that the laws of the State and the ordinances of the city are duly observed and enforced within the city. He shall take care that all other officers of the city discharge their respective duties, and to that end may maintain an action of mandamus or other appropriate action against any delin- quent city officer. He shall from time to time give the City Council such information and recommend such measures as he may deem advantageous to the city. All ordinances and resolutions shall, before they take effect, be presented to the Mayor, and if he approve thereof, he shall sign the same, and such as he shall not sign he shall return to the City Coun- cil, with his objections thereto, by depositing the same with the City Clerk, to be presented to the City Council at their next meeting there- after. Upon the return of any ordinance or resolution by the Mayor, the vote by which the same was passed shall be deemed to have been reconsidered, and the question shall be again put upon the passage of the same, notwithstanding the objections of the Mayor, and if upon such vote the City Council shall pass the same by a vote of two-thirds of the members of the Council, it shall have the same effect as if ap- proved by the Mayor. If any ordinance or resolution shall not be re- turned by the Mayor within five days, Sundays excepted, after it shall be presented to him, the same shall have the same force and effect as if approved by the Mayor. The Mayor shall sign all contracts made for the City of Minne- apolis, by authority of the City Council. SEC. 2. At the first (1st) meeting of the City Council in January of each year after a general state election they shall proceed to elect by ballot from their members a President and Vice-President. The President shall preside over the meetings of the City Council and during the absence of the Mayor from the city or his inability for any reason to discharge the duties of his office the said President shall exercise all the power and discharge all the duties of the Mayor. In case the President shall be absent from any meeting of the City Council, the Vice-President shall discharge the duties of such Presi- dent and act in his place. The President or temporary presiding officer while performing the duties of Mayor shall be styled acting Mayor, and acts performed by him when acting as Mayor as aforesaid shall have the same force and validity as if performed by the Mayor. SEC. 3. There shall be a Clerk of said city, styled the "City Clerk," who shall be elected by the City Council. He shall keep the corporate seal and all the papers and records of the city, and keep a record of the proceedings of the City Council, at whose meetings it shall be his duty to attend. Copies of all papers filed in his office and transcripts from the records of the City Council certified by him under the corporate seal, shall be evidence in all courts the same as if the originals were pro- duced. He shall draw and sign all orders on the treasurer in pursuance of any order or resolution of the City Council, and keep a full and accurate account thereof in books provided for that purpose. MINNEAPOLIS CITY CHARTER. 33 POWERS AND DUTIES OF OFFICERS. The Clerk shall have power to administer oaths and affirmations; he shall perform all other services by law required of clerks of cities. or townships, within said city. Clerk. He shall receive a salary of three thousand one hundred ($3,100) Salary of dollars per annum, and all clerk hire shall be paid by the city. He shall pay into the city treasury upon the last day of each month, all fees and moneys, allowed by public law and collected by him during that month, and shall hold his office for the term of two (2) years, beginning with the day of his qualification as clerk. Provided, That the provisions of this section shall not apply to the sealer of weights and measures. SEC. 5. The City Council shall at the time and in the manner specified in this chapter for the appointment of other city officers elect and appoint a City Attorney. CHAPTER III. Powers of Clerk. The City Attorney may appoint an Assistant City Attorney, who shall be designated as the First Assistant City Attorney, and the City Attorney may, by and with the consent of the City Council, appoint such other assistants and clerical force as may be necessary. assistant. SEC. 4. The City Clerk may appoint an Assistant City Clerk, to be confirmed by the City Council; the salary of which Assistant City Clerk shall be fixed by the City Council, unless included in the salary of the City Clerk; and said Assistant City Clerk shall have all the powers, duties and responsibilities of the City Clerk. It shall be the Duties of duty of such Assistant Clerk to assist the Clerk in the care of the papers and files, and in making the records of said city, and also to write out such records as the Comptroller is required to keep and un- der his direction. Such Assistant Clerk shall also attend such meet- ings of any of the committees of the City Council as such committee may designate, and act as clerk of such committees. He shall have authority in the disability or absence of the City Clerk to certify and affix the corporate seal to copies of files and transcripts of records, and all certificates so made by him shall have the same validity as if made by said City Clerk. Assistant Clerk. Duties and powers of Clerk. Assistant As amended by Ch. 2, L. 1885. p. 46. City Attor- As amended ney. by Ch. 33, Sec. 3. Sp. L. 1889, p. 593. Assistant City Attor- neys. G The City Attorney and his assistants shall constitute the legal de- Legal De- partment of the City of Minneapolis, and shall have charge of all partment. legal matters connected with the city government and all the several heads and departments of the same, Board of Education, Board of Health, Board of Police Commissioners, Library Board, and any other boards which now exist or are hereafter established in connection with the city government. Duties. The City Attorney shall be the head of such legal department, Powers and and shall have the control, supervision and direction of all matters in such department. He shall be the legal adviser of the Mayor, City Council, its committees, and all other officers of the city and of the boards hereinabove named. He shall, either personally or by such assistants as he may designate, render and perform all the legal serv- ices incident to the legal department, when required furnish opinions. on legal questions submitted to him by the Mayor and other officers, the City Council or its committees, or by either of the above named boards. He shall personally, or by an assistant by him designated, at- tend the stated and special meetings of the Council, and when re- 34 MINNEAPOLIS CITY CHARTER. # CHAPTER III. No other attorneys employed. Superintend- ent of the Poor. Supervisors of the poor. City Physi- cian. As amended by Ch. 3, Sec. 7, Sp. L. 1883, p. 73. City Engi- neer. Council to prescribe duties. Assistant City Engi- neer. Authority of City Engineer. To enforce compliance with con- tracts. POWERS AND DUTIES OF OFFICERS. quested, the meetings of the committees or the above named boards. The Assistant City Attorney shall assist in the legal department of the city as the City Attorney may direct and indicate, and shall be under his supervision and direction in the performance of their duties. The First Assistant City Attorney shall act as City Attorney in the absence or inability of the City Attorney to act. The above named boards shall in no case employ, retain or pay any attorney for legal services in their boards or departments, and it is hereby made the duty of said boards and each of them, whenever the advice, opinion or services of an attorney is required, to call upon the City Attorney for such advice, opinion or services, and the same shall be given by him personally or by an assistant by him indicated. Provided, That the provisions of this section shall not apply to the Board of Park Commissioners of the City of Minneapolis. SEC. 6. (Repealed by Ch. 413, Sec. 49, Šp. Laws 1889, p. 1083). *SEC. 7. Said City Council shall at the time of electing other city officers elect a Superintendent of the Poor of said city who shall per- form such duties concerning the relief and assistance of the poor of said city requiring temporary and limited support as are or may be prescribed by ordinance of said city or the laws of the state. The City Council shall also have authority to designate such Aldermen or other officers of the city, to act as a Board of Supervisors of the Poor whose duty shall be to advise such Superintendent in respect to his duties in such manner as may be provided in the ordinance desig- nating such Board. *SEC. 8. The City Council may also appoint a City Physician who shall be a physician of regular practice and of good standing in his profession and a graduate of some college of medicine. He shall at- tend and furnish medicine to all such poor of the city as he may be required to attend by said Superintendent or Board of Supervisors of the Poor. SEC. 9. There shall be appointed by the City Council a City En- gineer who shall be a practical surveyor and engineer. He may by and with the consent of the City Council employ such assistants as may be necessary. He shall keep his office at some convenient place in said city, and the City Council shall prescribe his duties and fix his compensation and the compensation of all assistants employed by him. The City Engineer may appoint an Assistant City Engineer who shall assist him in the duties of his office, and act as City Engineer in the absence or inability of the City Engineer to act. (Added by Ch. 15, Sec. 2, Sp. L. 1887, p. 447.) SEC. 10. He shall have supervision and general charge of all work done for the city and of all work done on any street, highway or alley in the city, may direct the manner of performing such work, and the constructions of all sidewalks, street crossings, bridges or other structures in or upon such streets, may suspend any such work or construction as shall not conform to his requirements or those of the *See chapter 79, Special Laws of 1885, p. 248, relative to care of Minneapolis poor at Hennepin County Poor Farm. Sections 7 and 8 superseded or repealed by act creating Board of Charities and Corrections, approved April 21, 1891, chapter 122, Special Laws 1891, p. 753. MINNEAPOLIS CITY CHARTER. 35 POWERS AND DUTIES OF OFFICERS. City Council, and shall take care that the terms of all. contracts for any work or construction in behalf of the city are fully complied with. SEC. II. All surveys, profiles, plans and estimates made by him or any of his assistants for the city shall be the property of said city and shall be carefully preserved in the office of the Engineer, open to the inspection of parties interested, and the same, together with all the books and papers appertaining to said office, shall be delivered over by the Surveyor at the expiration of his term of office, to his successor or to the City Council. *SEC. 12. It shall be the duty of the City Comptroller to keep regular books of account, both of the city of Minneapolis and the Board of Education and Library Board of said city, in which he shall enter all indebtedness of said city, and said Board of Education and Library Board, and the several wards of said city, and which shall at all times show the precise financial condition of the city and the several wards thereof, and of said Board of Education and Library To act for Board, the amount of bonds, orders, certificates or other evidences boards. of indebtedness outstanding, and the redemption of the same when redeemed. The City Comptroller may, by and with the consent of the City Council, appoint an Assistant City Comptroller, who shall assist him in the duties of his office and act as City Comptroller in his absence or in case of his inability to act. (Added by Ch. 33, 87, Sp. Laws 1889, p. 595.) CHAPTER III. Surveys, city prop- plans, etc., erty. City Comp- troller and duties. To appoint City Comp- troller. Bonds, or- *SEC. 13. He shall countersign all bonds, orders, certificates or other evidence of indebtedness of the city, ward or Board of Educa- ders, etc., to tion and Library Board, and no such bond, order, certificate or other evidence of indebtedness shall be valid until so countersigned. be counter- signed. *SEC. 14. He shall keep accounts of orders drawn on the treas- ury in separate books and shall note thereon the cancellation thereof whenever the same shall be cancelled, and shall keep such other books and records as shall be convenient for the preservation of the accounts of all transactions and business of the city, or its wards, or of said Board of Education and Library Board, and all books, lists and rec- ords heretofore kept, or which shall be kept, in the Comptroller's office, and copies thereof by him certified shall be competent evidence of all matters shown by them. Comptroller to keep rec- ord of or- ders. Preservation of accounts. accounts officers. To keep with other *SEC. 15. He shall keep accounts with the City Treasurer, and all other receiving or disbursing officers of said city or its wards or of said Board of Education and Library Board. In such accounts he shall charge such officers with all amounts received by them from all sources of revenue and with all city property in their hands or con- trol as such officers, and credit them with all amounts disbursed or property disposed of on proper authority, and with all money or prop- erty turned over to the city or to their successors in office. He shall examine the reports, books, papers and vouchers of the Treasurer of books, etc. and of other receiving and disbursing officers, and perform such other duties as the City Council may direct. Examination *SEC. 16. He shall as soon as may be after the close of each fiscal Financial year report to the City Council the financial condition of the city and statement. As amended by chapter 15, section 13, Special Laws 1887, p. 451. 36 MINNEAPOLIS CITY CHARTER. CHAPTER III. Contracts to be counter- signed. Not to be interested. Claims against city to be audited. Comptroller may keep a seal. Treasurer to receive all moneys. counter- signed. *SEC. 18. All claims and demands against the city, before the same shall be allowed by the City Council, and all claims against the Board of Education and Library Board of the City of Minneapolis, be- fore the same shall be allowed by said Board, shall be audited and ad- justed by the Comptroller; and all orders on the treasury, either on Orders to be the part of the city or of said Board, shall be examined and counter- signed by him, and by him kept until delivered to the persons entitled thereto, and he shall take and preserve receipts for all orders so de- livered. He may keep and use a seal of office which may be used instead of the seal of the city in the execution of licenses and such other sealed instruments as the Comptroller shall be specially directed to issue, and any use of such seal by the Comptroller heretofore, is hereby legalized; or he may use the seal of the city in his discretion. *SEC. 19. The Treasurer shall receive all moneys belonging to the city, including license money and fines, and keep an accurate and detailed account thereof in such manner as the City Council shall from time to time direct. He shall also be ex officio Treasurer of the Board of Education and Library Board of the City of Minneapolis. SEC. 20. The Treasurer shall give separate bonds for the safe keeping of the funds of the city and the Board of Education, in such sums as may be required by the City Council and the Board of Educa- tion respectively. Separate bond as board treas- urer. Annual report of treasurer. Wharfmas- ter. Jurisdiction of municipal court. POWERS AND DUTIES OF OFFICERS. the several wards thereof, and of the Board of Education and Library Board. *SEC. 17. He shall countersign all contracts made in behalf of said city, and no such contract shall be valid until so countersigned. He shall keep a book in which he shall enter all contracts, which shall be open to the inspection of all parties interested. He shall not, directly or indirectly, be interested in any contract or job to which the city or any ward thereof or Board of Education and Library Board is a party. SEC. 21. The Treasurer shall as soon as may be, after the close of each fiscal year and at least fifteen days before the annual election for city officers, exhibit to the City Council a full and detailed account of all receipts and expenditures for the last fiscal year, and also of the state of the treasury, which account shall be filed with the Clerk, and a copy of the same shall be published in the official paper of the city. SEC. 22. The City Council shall have power to provide for the appointment of a Wharfmaster, with power of a police officer, or may devolve the duties of such officer on any member of the police force, and may by ordinance define the duties of such Wharfmaster, and regulate all wharf landings and levees in the city. SEC. 23. The Municipal Court of said city shall have exclusive cognizance and jurisdiction of all trials and examinations within said city, cognizable before a Justice of the Peace under the laws of the State, and of all suits, prosecutions and proceedings for the recovery. of all forfeitures, fines and penalties or inflictions of punishments, for the breach of any by-laws, regulation or ordinance of said city, and of all offences against the same. And in all cases of convictions for assaults, batteries and affrays, disorderly conduct, breach of the peace, *As amended by chapter 15, section 13, Special Laws 1887, p. 451. MINNEAPOLIS CITY CHARTER. 37 POWERS AND DUTIES OF OFFICERS. CHAPTER III. Bonds to municipal keeping or frequenting disorderly houses or houses of ill-fame, the Municipal Court may, in addition to any fine or punishment authorized or imposed, or without such fine or other punishment, compel the ac- keep the cused to give security to keep the peace and be of good behavior, for peace. a period not exceeding six months, and in a sum not exceeding five hundred dollars ($500). The Judge and Special Judges of said Court Powers of shall have powers of Justices of the Peace as conservators of the peace judges. and in all ministerial and ex parte matters, and it shall have all the powers of Justices of the Peace to take depositions to be used in other courts. All fines and penalties imposed by said Court shall belong to Fines, part and be a part of the revenue of said city. Said Court shall also have power in all criminal actions within its jurisdiction, when the punish- ment is by imprisonment, or by imprisonment in default of payment of fine, to sentence any offender to hard labor in any workhouse estab- lished by the city for that purpose, or in case of male offenders to sentence them to labor on any public work or improvement, in like manner and under the same qualifications as hereinafter provided in case of offences against city ordinances. of city reve- nue. Imprison- ment. - Workhouse or public ment. improve- SEC. 24. If any person having been an officer in said city, shall not, within ten days after notification and request, deliver to his suc- cessor in office all property, books, papers and effects of every descrip- tion, in his possession belonging to said city, or pertaining to the office he may have held, he shall forfeit and pay to the use of the city one thousand dollars ($1,000), besides all damages caused by his neglect Penalty for or refusal to deliver, and such successor may recover the possession of such books, papers and effects in the manner prescribed by the law of this State. City prop- delivered to erty to be successors. Officers not to be inter- contracts. SEC. 25. No Alderman or other officer or employee shall be a party to or interested in any job or contract with the city or either of ested in city the wards thereof, and any contract in which any Alderman or other officer or employee shall be so interested shall be null and void, and in case any money shall have been paid on any such contract, the amount so paid may be recovered by a joint or several action from the parties to such contract, and the Alderman or other officer or em- ployee interested in the same. (As amended by Ch. 2, § 10, Sp. L. 1885, p. 47.) C Contracts void if of- ested. ficer inter- SEC. 26. The City Council shall have power at any time to re- Council may quire other and further duties to be performed by any officer whose duties are herein prescribed, not inconsistent with this act, and to ap- point such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties, unless herein other- wise provided for. prescribe additional official du- ties. mayor and *SEC. 27. The Mayor shall receive an annual salary of two thou- Salary of sand dollars ($2,000). Each Alderman shall until the first (1st) aldermen. Monday in January, one thousand eight hundred and ninety-one (1891), receive an annual salary of seven hundred and twenty dollars ($720), after that time an annual salary of five hundred dollars ($500). and in addition thereto members of the Board of Equalization of taxa- tion and Aldermen acting as Judges of Election may be given com- *See chapter 310, Laws 1903, p. 542, as to salary of mayor and aldermen. 38 MINNEAPOLIS CITY CHARTER. CHAPTER III. City officers exempt from jury duty. Council to fix compen- sation of of- ficers. Not to be changed during term of office. Official fees to be paid to city. Yearly in- ventory of city prop- erty. Inventories to be filed. Deputy comptroller, powers, etc. Compensa- tion. POWERS AND DUTIES OF OFFICERS. pensation for such special services. (As amended by Ch. 85, § 2, Sp. L. 1889, p. 703.) SEC. 28. The Mayor, Aldermen, all city officers and the men employed in the several departments of said city while holding such office or engaged in the service of the city shall be exempt from serv- ing as jurors in any court. A SEC. 29. The City Council shall have power, where the same is not herein fixed, to fix the compensation of all officers elected or ap- pointed under this act. Such compensation shall be fixed by resolu- tion at the time the office is created, and at the commencement of any year, as soon after election as practicable, and when so fixed shall not be increased or diminished during the term for which such officer shall have been elected or appointed. All fees and emoluments of what- ever character, accruing to any city officer as such officer, shall be re- ported to the City Council monthly, and paid monthly into the City Treasury. (As amended by Chap. 33, Sec. 11, Sp. L. 1889, p. 596.) SEC. 31. The City Comptroller shall have the power to appoint a deputy, who shall be designated "Deputy Comptroller," and whose official acts shall have the same force and effect as if performed by the Comptroller, except that he shall not be authorized to countersign any bond or contract of the city, nor make any official statement of the condition of any city fund, except in the case of the absence or in- ability to act of the City Comptroller. Such Deputy shall before enter- ing upon the duties of such office, take and file with the City Clerk like oath as is required of other city officers, and may be required by To give bond, the Comptroller to give such bond as may be satisfactory to himself, when. for the faithful performance of his said duties, and the Comptroller shall be responsible to the city for the acts of such Deputy. The compensation of such Deputy Comptroller, shall be paid by the Comptroller, unless otherwise provided by the City Council. (Added by Ch. 40, Ex. 1881, p. 90, as amended by Ch. 2. § 12, Sp. L. 1885. p. 47.) SEC. 30. All officers of the city having charge of any city prop- erty shall at the close of each fiscal year make and return to the City Council a full inventory of all public property in their hands or control respectively. Such inventories shall be preserved and filed by the City Clerk, and kept open to inspection of all parties interested, but need not be printed in the proceedings unless the Council shall so specially direct. MINNEAPOLIS CITY CHARTER. 39 SECTION, 1. 2. 4. CHAPTER IV. Quorum.-Presiding officer. Stated, special and adjourned meetings. 3. Judge of the election of Mem- bers.-Rules. 5. CITY COUNCIL: POWERS, DUTIES, ETC. City Council.-Constitution and Removals from office.-Absence or neglect.-Trials. Ordinances, may adopt.-For what purposes: -(1) Licensing shows and divers oc- cunations.-Provisos relative to Auctioneers, Employment Agen- cies, etc.-Restric- tions as to sale of intoxicating Liquors in certain territory. -(2) Gambling.- Unlicensed Liquor Newsboys, Dealing. -(3) Riots, Disorderly Houses of Ill-fame, etc. -(4) Abatement and cleansing of Tanneries, Stables, Privies, etc. —(5) Slaughterhouses, Markets, etc. -Gunpowder and Dynamite. (6) Encumbering of Streets, Side- Walks, Public Grounds, etc. (7) Speed of Locomotives.—Steam Whistles.-Fast Driving.-Hitch- ing horses.-Bathing and Swim- ming. Sheep, etc.. Conduct, G Cattle, (8) Horses, running at large. -(9) Dogs, Licensing and Destruc- tion of: -(10) Putrid and Unwholesome Sub- stances. (11) Pounds, Hydrants, etc.-Gas and Street Lighting. -(12) Board of Health.-Births, Deaths, Burials. -(13) Bread, assize and weight of. -(14) Cattle, etc., on sidewalks. (15) Fireworks and Firearms. -(16) Drunkenness and Obscenity. 5.—(17) Restrain Porters, Hackmen, Expressmen, Runners, etc. (18) Public Markets and Buildings. -(19) Butchers' Stalls and Shops.- Peddlers. -(20) Weighing Hay, Straw, etc.- Measurement of Wood and Coal. Ice, Dirt, Rubbish. Drainage of Low Grounds.- Special Assessments. -(21) Snow, (22) Wharves and Piers.-Wharf- age Rates. SECTION. -(23) Quarantine of infectious Dis- ease on Vessels, etc. -(24) Public Auctions or Vendues. (25) [Repealed-Related to police.] -(26) Weights and Measures.-City Sealer. -(27) Inspection of Meats, etc.- Confiscation and Sale. -(28) Inspectors, Weighers, Gaugers. -(29) [Repealed-Related to City Forester.] -(30) Abatement Public Health. -(31) Abatement of Nuisances.- of Obstructions in Streets. -(32) Preservation of Health.-Sup- pression of Disease. -(33) Vagrants, Beggars, Prosti- 6. 7. Nuisances.- tutes. (34) Hackmen, etc.-Stand in g Places.-Location of Vehicles. (35) Construction of Buildings.— Inspector-Regulations. -(36) Hitching Posts and Rings for Horses. -(37) Hatchways and Guards for --(38) Numbering of Houses and same. Lots. -(39) Fire Escapes.-Dangers from Fire or Accident. -(40) Steam Boilers, Location, etc. 5.-(41) Gas and Gas Meters.-In- spector of Gas. -(42) Electric Wires and Poles. of -(43) Width Tires. Heavily loaded Vehicles excluded from certain Streets. ·(44) Removal of Garbage, Ashes, etc.-Special Assessment. -(45) Removal of Dangerous Struc- tures. Special Assessment. -(46) Lumber Piles, where.-Loca- tion of certain enumerated Es- tablishments and Amusements. -Fire Limits not changed. —(47) Buildings, Chimneys, Stacks, Smoke.-Nuisance and Penalty. -(48) Concealed Weapons.-Confis- cation.-Removal of Bodies from Vaults and Tombs. M Penalty for Breach of Ordinance. Imprisonment at Hard Labor.— Workhouse, Public Improve- ments. 40 MINNEAPOLIS CITY CHARTER. CHAPTER IV. City coun- cil, quorum, etc. President. Regular and special meetings. Less than quorum. Meetings and sessions defined. Council judge of election of members. May punish absentees. Power to remove officials. Continued absence. Place and manner of trial. 9. SECTION. 8. Style of Ordinances-Subject in Title. Ordinances and Resolutions, how passed-Record and Publication. Copy of Ordinance, etc., prima facie evidence, when-Official Compilations. 11. Appropriations, majority of entire Council required for. Powers of Council not a bar in Nuisance Proceedings. Accounts of Clerk, Treasurer, etc., to be audited. 10. 12. 13. CITY COUNCIL: POWERS, DUTIES, ETC. SECTION. 14. Finances and City Property- Council to Control and Sell- Real Estate Minneapolis In- dustrial Exposition, conveyance to-Conditions and Exemptions. -Council may release Exposi- tion from conditions of Deed- may quit claim. Condemnations for Public Build- ings, Streets, etc. Licenses, Revocation of By whom and when. 17. Powers, when exercised by Reso- lution instead of Ordinance. 15. 16. SECTION I. The Aldermen shall constitute the City Council. A majority of the Aldermen shall constitute a quorum. The President or Vice President of the Council shall, when present, preside at all meetings. In their absence the Council may elect a President pro tem. who shall for such meeting have the same power as the President., SEC. 2. The City Council shall hold stated meetings, and the Mayor may call special meetings, by notice to each of the members, to be delivered personally or left at their usual places of abode. At such special meeting no other business shall be transacted than such as is designated in the call. In case of the attendance of less than a quorum at any stated meeting the members present may adjourn to any special time they may designate, and all business transacted at such adjourned meeting shall have the same validity as if done at a stated meeting. All adjourned meetings of any stated or special meeting shall be a part of the meeting adjourned, but the first and subsequent meetings of any stated or special meeting so adjourned shall be desig- nated as "sessions" of said meetings. (As amended by Ch. 2, Sec. 13, Sp. L. 1885, p. 47.) SEC. 3. The City Council shall be the judge of the election of its own members, and in such cases shall have the power to send for persons and papers. It shall determine the rules of its own proceed- ings, and have power to compel the attendance of absent members, and may provide for the punishment of such absent members. SEC. 4. The City Council shall have power to remove from office any officer of said city whether appointed by the City Council or elected by the people, but no officer elected by the people shall be removed except for cause, nor unless first furnished with a copy of the charges, nor until such person shall have had reasonable opportunity to be heard in person or by counsel in his own defence. Continued absence from the meetings of the Council in case of Aldermen, and neglect of duty in case of other officers, unless for good reason, shall be deemed a good cause of removal. The City Council shall fix a time and place for the trial of such officer, of which not less than ten days' notice shall be given, and shall have power to compel the attendance of witnesses, and the production of papers, and to hear and determine the case, and if such officer shall refuse or neglect to appear and answer such charge the City Council. may declare the office vacant. MINNEAPOLIS CITY CHARTER. 41 And Provided further, That the City Council may appropriate the whole or any part of the money received for licenses issued to newsboys and bootblacks, to the establishing, providing and maintaining a home for such newsboys and bootblacks. CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. make SEC. 5. The City Council shall have full power and authority Power to to make, ordain, publish, enforce, alter, amend or repeal all such ordinances. ordinances for the government and good order of the city, for the sup- pression of vice and intemperance, and for the prevention of crime, as it shall deem expedient, and in and by the same to declare and im- pose penalties and punishments, and enforce the same against any person or persons who may violate the provisions of any ordinance, passed and ordained by it, and all such ordinances are hereby declared to be and to have the force of law, Provided, That they be not repug- Not repug- nant to the laws of the United States or of this State, and for these purposes the said City Council shall have authority by such ordinances: First-To license and regulate the exhibitions of common showmen, May license nant to statutes. shows, mu- seums, etc. ers, employ- and shows of all kinds, and the exhibitions of caravans, men- ageries, circuses, concerts, roller skating rinks, places of amuse- ment and museums for which money is charged for entrance into the same, newsboys and bootblacks, and theatrical performances, also to license and regulate all auctioneers, pawnbrokers, dealers in second-hand goods, junk dealers, keepers of intelligence or em- ployment offices, as well as all persons doing the business of seek- Auctioneers, ing employment for others or procuring or furnishing employes pawn-brok- for others, billiard tables, pigeonhole tables, nine or ten-pin alleys, ment, offices, bowling saloons, shooting-galleries, taverns, victualing houses, and etc. all persons vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors. Provided, That all licenses, except for exhibitions, caravans, menageries, circuses, concerts and theatrical performances shall extend to and terminate upon the terminate, first Monday in May next after the same shall be issued, unless sooner revoked. (As amended by Ch. 2, Sec. 14, Sp. L. 1885, p. 47; Ch. 3, Sec. 10, Sp. L. 1883, p. 73.) Licenses to when. And Provided further, That the power to regulate, above given, shall be construed to include among other powers, the power to define who shall be considered as auctioneers, pawn- brokers, dealers in second-hand goods and junk dealers, and to compel each and every such person whether licensed or not to keep in such manner as it may direct open at all times for inspection, a record of all such property as it may designate, with the time when received, and the name, residence and description of the person from whom the same was received, and to make daily re- ports thereof to the police department of said city, as it shall direct. Employment And also among other powers, the power to require all persons agencies. doing the business of seeking employment for others, or procuring or furnishing employes for others, to keep open at all times for inspection, such records of their business as it may designate, and to furnish to every person with whom they may deal such written evidences of the transaction as it may designate, and to prescribe and punish all kinds of unfair dealings by such persons in the course of their said business, and to establish such rules of legal evidence as it may see fit for the proof of such unfair dealings. To have force of law. Newsboys and Boot- blacks. Billiard ta- dealers, etc. bles, liquor regulate, structed. Power to how con- Added by Ch. 3, Sec. 1883, p. 73. Dealers in goods. 10. Sp. L. second-hand Rules of le- gal evidence. Homes for newsboys, etc. Added by Ch. 2. Sec. 14. Spl. L. 1885, p. 47. 42 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Liquor li- censes not to be issued for certain territory- exception. Added by Chap. 13, Sec. 2, Sp. L. 1887, p. 444. Second ward license lim- its. First ward license limits. Nicollet Island li- cense limits. Third ward license limits. Fourth ward license limits. Fifth ward license limits. Sixth ward license limits. Lower levee license limits. CITY COUNCIL: POWERS, DUTIES, ETC. Provided further, That no license shall be granted to any person or persons to vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors, (except to regularly licensed druggists, to sell for medicinal, chemical or mechanical purposes, not to be used or drank upon the premises), outside of the fol- lowing territory in said city, to-wit: FIRST-Commencing at the intersection of the east bank of the Mis- sissippi river and Second (2d) Avenue Southeast; thence along the cen- tre line of Second (2d) Avenue Southeast to the intersection of Ninth (9th) Street Southeast; thence along the centre line of said Ninth (9th) Street and along the centre line of Division Street, easterly to the centre line and intersection of Tyler Street; thence north along the centre line of said Tyler Street to the centre line of Spring Street; thence west to the intersection of Washington Street with Spring Street; thence across said Washington Street to the intersection of Fifth (5th) Street, and Sixth (6th) Avenue Northeast; thence southwest along the centre line of said Fifth (5th) Street to the intersection of *Fourth (4th) Street Northeast; thence northwest along the centre line of Fourth (4th) Street Northeast to the centre of Broadway Street; thence east along the centre of Broad- way Street to the intersection of the centre line of Four-and-a-half (4%) Street Northeast; thence north along the centre line of said Four-and-a- half (42) Street Northeast, to the present north limit of the city of Minneapolis; thence west on the present north limit of the city of Min- neapolis to the east bank of the Mississippi river; thence along the east bank of the Mississippi river to the place of beginning; Also all that part of Nicollet Island embraced within the distance of one hundred and fifty (150) feet on either side of Bridge Street across said Island. SECOND Commencing at the intersection of the west bank of the Mis- sissippi river and Twenty-first (21st) Avenue North, and running thence west along the centre line of said Twenty-first (21st) Avenue North to the intersection of Fourth (4th) Street North; thence South along the centre line of said Fourth (4th) Street North to the centre of Fourteenth (14th) Avenue North, thence west along the centre line of said Four- teenth (14th) Avenue North to the centre of Lyndale Avenue; thence South along the centre of said Lyndale avenue to the centre of Twelfth (12th) Avenue North; thence east along the centre line of said Twelfth (12th) Avenue North to the centre of Third (3d) Street North; thence south and southeasterly along the centre line of said Third (3d) Street North to the centre of First (1st) Avenue North; thence southwesterly along the centre line of said First (1st) Avenue North to the centre of Sixth (6th) Street North; thence southeasterly along the centre line of Sixth (6th) Street North to the centre of First (1st) Avenue South; thence northeasterly along the centre line of said First (1st) Avenue South to the centre of Fourth (4th) Street South; thence southeasterly along the centre line of said Fourth (4th) Street South to the right of way of the Chicago, Milwaukee & St. Paul Railway Company; thence southeasterly along said right of way of said railway company to Franklin Avenue; thence south on the centre line of said Franklin Avenue to the centre line of Nineteenth (19th) Avenue South; thence north along the centre line of Nineteenth (19th) Avenue South to the west bank of the Mississippi river; thence northerly along the west bank of the Mississippi river to the place of beginning; Also commencing at the intersection of the west bank of the Mississippi river and Washington Avenue South, and running west along the centre line of said Washington Avenue South to the centre of Twenty-second (22d) Avenue South; thence south along the centre line of said Twenty-second (22d) Avenue South to the inter- section of Fifth (5th) Street South; thence northeasterly along the centre *So stated in act; Fifth Street and Fourth Street run parallel and therefore do not intersect. 1 Evidently intended to be amended by fourth subdivision of Subdivision First, supra, and to change the boundaries so as to take in the block bounded by Sixth Street, Lyndale Avenue and Eleventh and Twelfth Avenues. (See section 2, chapter 13. Special Laws of 1887, p. 444.) MINNEAPOLIS CITY CHARTER. 43 CITY COUNCIL: POWERS, DUTIES, ETC. line of said Fifth (5th) Street South to the west bank of the Mississippi river; thence northerly along the said west bank of said Mississippi river to the place of beginning at said Washington Avenue. *Evidently offered as an amendment to the second subdivision of Subdivision First, and by inadvertance placed at end of description of boundaries in the act. (See section 2. chapter 13, Special Laws of 1887. p. 444.) CHAPTER IV. THIRD-Also all that territory bounded on the northeast by the right of way of the Chicago, Milwaukee & St. Paul Railway Company; on the northwest by Eleventh (11th) Avenue South; and the southwest by Sixth (6th) Street South; also all that other territory bounded on the north- east by the right of way of the Chicago, Milwaukee & St. Paul Railway Company; on the northwest by Thirteenth (13th) Avenue South, and on the southwest by Seventh Street South; Also all that territory bounded on the south and southwest by the right of way of the Chicago, Milwaukee & St. Paul Railway Company's so-called short line; on the east by Twenty- seventh (27th) Avenue South, and on the north by Twenty-fifth (25th) Street South; on the west by Twenty-third (23d) Avenue South, to the Chicago, Milwaukee & St. Paul Railroad. *FOURTH-By inserting Eleventh (11th) Avenue North in place of Correction of North Twelfth (12th) Avenue North, thence east along the centre of Eleventh Minneapolis (11th) Avenue North to the centre of Sixth (6th) Street North; thence limits. northerly along the centre of Sixth (6th) Street North to the centre of Twelfth (12th) Avenue North. No person shall vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors, within the present or future limits of said City of Minneapolis except within the limits herein designated, except for medicinal, chemical and mechanical pur- poses, by druggists when duly licensed by the City Council, the same not to be used or drunk upon the premises where sold; and any person who shall vend, deal in or dispose of spirituous, vinous, fermented or malt liquors within the present or future limits of said City of Minneapolis, except when licensed by the City Coun- cil of the City of Minneapolis, and within the limits herein desig- nated, shall be subject to all the pains and penalties provided by Chapter sixteen (16) of the General Statutes, of one thousand eight hundred and seventy-eight (1878) for selling spirituous, vinous, fermented or malt liquors without a license, as well as to any punishment provided by any ordinance passed by the City Council of the City of Minneapolis as in this charter provided. Second To restrain and prohibit all descriptions of gambling and Gambling, Restraint of fraudulent devices and practices, and all playing of cards, dice or etc. other games of chance, for the purpose of gambling in said city, and to restrain any person from vending or dealing in spirituous, liquor fermented or vinous liquors, unless duly licensed by the City dealers. Council. Third-To prevent any riots, noise, disturbance and disorderly as- semblages in said city, and to provide for the arrest and punish- ment of any person or persons who shall be guilty of the same; to suppress disorderly houses and houses of ill-fame, and to provide for the arrest and punishment of the keepers thereof, and to authorize the destruction of all instruments used for the purpose of gaming. Fourth-To compel the owner or occupant of any cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer or other unwholesome or nauseous house or place, to cleanse, re- move or abate the same from time to time, as often as may be Limits south kee railroad. of Milwau- Seventh ward license limits. Sale of con- Sec. 3, Ch. fined to fore- going limits. 13, S. L. 1887, p. 444. Exception as to Penalties liquor traffic. for illegal Riots, dis- etc. turbances, Houses of ill-fame. unwholesome Cleansing of places. 14 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Slaughter- houses, markets, etc. Gunpowder, dynamite, etc. Removal of slaughter- houses. Added by Ch. 12, Sec. 3, Sp. L. 1887, p. 443. Council to designate location. Obstructing streets. Speed of locomotives, etc. Gates and watchmen. Escape of steam. Added by Ch. 3, Sec. 11, Sp. L. 1883, p. 74. Kind of coal. Added by Ch. 2, Sec. 14, Sp. L. 1885, p. 47. Fast driving -hitching horses. Bathing and swimming. Animals, etc., at large. Licensing of dogs. Putrid substances. CITY COUNCIL: POWERS, DUTIES, ETC. necessary for the health, comfort and convenience of the in- habitants of said city. Fifth-To direct the location and management of stock yards, slaughter houses and markets, breweries and distilleries, and to establish rates for and license vendors of gunpowder and regulate the storage, keeping and conveying of gunpowder, dynamite, or other combustible materials; and regulate the use thereof in blasting. Provided, That when the City Council shall have established by ordinance the territory within which no slaughter house shall be established, if there shall be at the time of the passage of said ordinance any slaughter house within such territory, from which the same are thereafter to be excluded, then said City Council may direct within what reasonable time, not to exceed six (6) months, said slaughter house shall be removed from such territory within which slaughter houses are to be excluded, Provided, That no slaughter house shall be hereafter located within the city limits. without the consent, by an affirmative vote of three-fourths (34) of the whole Council. Sixth-To prevent the encumbering of streets, sidewalks, alleys, lanes, public grounds or wharfs, with carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awnings, or any other materials or substances whatever. Seventh-To regulate the movement and speed of railroad locomotives. and cars, to require the maintenance of flagmen or the construc- tion and maintenance of gates at the crossings of railway tracks over such streets or avenues as said City Council shall deem to require such precautions; to regulate or prohibit the whistling of locomotive engines; to regulate and prohibit the unnecessary dis- charging of steam therefrom, and the causing or permitting steam to escape therefrom unnecessarily, and to require the use thereon of such safety valves or other practical appliances as it may designate, for the purpose of preventing or lessening the noise from the discharge or escape of steam; and may direct what kind of coal any yard or switch engine shall use while being run or operated for any yard or upon any railroad, within the limits of said city; and to prevent and punish immoderate driving or riding in the streets; to compel persons to fasten their horses or other animals attached to vehicles or otherwise, while standing in the streets, and to regulate places of bathing and swimming in the waters within the city limits. Eighth-To restrain the running at large of horses, mules, cattle, swine, sheep, poultry and geese, and to authorize the distraining and sale of the same, and to impose penalties on the owners of such animals for violation of the ordinances. Ninth To prevent the running at large of dogs, and to require a license for keeping the same, and to authorize the destruction of the same in a summary manner, when at large contrary to the ordinance. Tenth-To prevent any person from bringing, depositing or having within said city any putrid carcass or other unwholesome substance, and to require the removal of the same by any person MINNEAPOLIS CITY CHARTER. 45 1 CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. same. who shall have upon his premises any such substance, or putrid Removal of or unsound beef, pork, fish, hides or skins of any kind, and on default to authorize the removal thereof by some competent officer, at the expense of such person or persons. Eleventh To make and establish public pounds, pumps, wells, cis- Pounds, terns, hydrants and reservoirs, and to erect lamps and to provide hydrants, for lighting of the city, and contract for the erection of gas- etc. works for lighting the streets and public grounds and public buildings, and to create, alter and extend lamp districts. *Twelfth-To establish and regulate Boards of Health, provide hospi- Hospitals- street lights, tals and hospital grounds, the registration of births and deaths, and the returns of the bills of mortality, and regulate or prevent the burial of the dead within the city limits. Thirteenth—To regulate the assize and weight of bread, and to pro- vide for the seizure and forfeiture of bread baked contrary there- to. births and deaths, burials. and *See act reorganizing Health Department, approved April 22, 1889, chapter 413, Special Laws 1889, p. 1074. Assize of bread. weight Driving on Fourteenth-To prevent all persons riding or driving any ox, mule, cattle or other animal on the sidewalks in said city, or in any way doing damage to such sidewalks. Fifteenth-To prevent the shooting of firearms or crackers, and to Firearms prevent the exhibition of any firearms in any situation which may be considered by the Council dangerous to the city, or any property therein, or annoying any citizen thereof. Sixteenth-To prevent open or notorious drunkenness in the streets Drunkenness and fire- works. and obscen- a or public places of said city, and to prevent and restrain obscenity, lewdness or indecency within said city, whether committed in a public or a private place therein, and to provide for the arrest and punishment of all persons who shall be guilty of the same. Provided, that no officer shall have the right to break into or enter a private house or office. Seventeenth-To restrain and regulate porters, expressmen, hack- men, and also runners, agents and solicitors for boats, vessels, stages, cars, public houses or other establishments. Eighteenth-To establish public markets and other public buildings, and make rules and regulations for the government of the same, to appoint suitable officers for overseeing and regulating such markets, and to restrain all persons from interrupting or inter- fering with the due observance of such rules and regulations. Nineteenth-To license and regulate butchers' stalls, shops and stands, Butchers' stalls. As amended by Chap. 33, Sec. 15, Sp. L. 1889, p. 597. Hotel run- ners, hack- men, etc. Public markets. for the sale of game, poultry, butchers' meat, butter, fish and other provisions, and also to license and regulate all peddlers Peddlers. doing business within said city. Twentieth-To regulate the place and manner of weighing hay and straw and selling the same, and the measuring and selling of firewood, coal and lime, and to appoint suitable persons to super- intend and conduct the same. Twenty-First-To compel the owner or occupant of buildings or grounds to remove snow, ice, dirt or rubbish from the sidewalk, street or alley opposite thereto, and compel such occupant or Hay, wood, coal, etc. Removal of snow. rub- bish, etc. 46 MINNEAPOLIS CITY CHARTER. CHAPTER IV. As amended by Ch. 2. Sec. 14, Sp. L. 1885, p. 47. Stagnant water. Snow-remov- al districts. Added by Ch. 2, Sec. 14, Sp. L. 1885, p. 47. Removal of unhealthy substances. Expense a lien on property. Piers and warfs. Wharfage charges. Quarantine. Public auctions. Police. Weights and meas- ures. Inspection of meats, provisions, etc. Destruction of unwhole- some meats, etc. CITY COUNCIL: POWERS, DUTIES, ETC. owner to remove from the lot owned or occupied by him, all such substances as the Board of Health shall direct; and in his default to authorize the removal or destruction thereof by some officer of the city, at the expense of such owner or occupant. Also to compel the owners of low grounds where water is liable to collect and become stagnant to fill or drain such low places, and in their default to authorize such filling or draining at the expense of such owner or owners. *Provided, That said Council may require snow and ice to be removed, as aforesaid, throughout such districts in said city as it shall direct; and may make the expense of any removal or destruction of any such substances which said Board of Health may direct to be removed, and the expense of filling or draining any such low place, a lien upon the property from which said substances are removed or on which destroyed or on which said low grounds are filled or drained, and may make a special assess- ment for the same to be collected as other special assessments are collected. Twenty-Second-To control and regulate the construction of piers and wharfs, or grading said wharfs into the Mississippi river, within the corporate limits of said city, and to prescribe and control the prices to be charged for pierage or wharfage thereon, and to prevent and remove all obstructions in the water of said river, and to prescribe and regulate rates of wharfage and pierage to be charged to any boat or vessel landing or mooring at any landing, wharf or pier, within the limits of said city and paid to said city, and to regulate the landings, levees, wharfs and piers within the limits of said city, and boats and vessels landing and mooring at the same. Twenty-Third-To regulate, control and prevent the landing of per- sons from boats, vessels or other conveyances whereon are contagious or infectious diseases or disorders and to make such dispositions of such persons as to preserve the health of said city. Twenty-Fourth-To regulate the time, manner and place of holding public auctions or vendues. Twenty-Fifth-[Relative to Police-Repealed by Ch. 9, Sec. 1, Sp. L. 1887, p. 422.] Twenty-Sixth-To provide by ordinance for a standard of weights. and measures, for the appointment of a City Sealer, and to require all weights and measures to be sealed by the City Sealer, and to provide for the punishment of the use of false weights and measures. *Twenty-Seventh-To regulate the inspection of wood, hay, grain, flour, pork, beef, mutton, veal, and all other kinds of meat, poul- try and game, fish, salt, whisky and other liquors and provisions and milk; and to provide for the taking and summarily destroy- ing or disposing of to soap factories, to be used only as soap grease, any diseased, unsound or unhealthy pork, beef, mutton, veal or any other kind of meat, poultry, game or fish; in case 1074. †See act reorganizing Health Department, chapter 413, Special Laws, 1889, p. *As amended by chapter 3, section 12, Special Laws, 1883. p. 74; chapter 15, sec- tion 10, and chapter 12, section 2, Special Laws 1887, p. 451, 443. MINNEAPOLIS CITY CHARTER. 47 CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. Flour and the owner does not at once so destroy or so dispose of the same, other and to provide for the taking and summarily destroying any provisions. spoiled, unsound or unhealthy flour or other provisions. Twenty-Eighth.-To appoint Inspectors, Weighers and Gaugers, to Weighers and gaugers. *Power of appointment transferred from City Council to the Board of Park Commissioners. See Special Laws of 1887; chapter 17. p. 453. regulate their duties and prescribe their compensation. *Twenty-Ninth—[Relative to City Forester-Repealed by Ch. 17, Sec. 1, Sp. L. 1887, p. 453.] of nuisances. Thirtieth-To remove and abate any nuisance injurious to the public Abatement health, and to provide for the punishment of all persons who shall cause or maintain such nuisance. Thirty-First-To remove and abate any nuisance, obstruction or en- croachment upon the streets, alleys, public grounds and highways of the city. as amended by Ch. Thirty-Second-To do any and all acts and make all regulations which may be necessary and expedient for the preservation of health and the suppression of disease, and to make regulations to pre- Sp. L. 1891, vent the introduction of contagious, infectious or other diseases p. 770. into the city, and to make quarantine laws and enforce the same diseases. within the city. Thirty-Third-To restrain and punish vagrants, mendicants, street Contagious beggars and prostitutes. Thirty-Fourth-To license and regulate hackmen, draymen, express- men, and all other persons engaged in carrying passengers, bag- gage or freight, and to regulate their charges therefor; to pre- scribe standing places or stations within the streets, where such hacks, drays or other vehicles used for such carriage may stand or remain while waiting for business or orders, and to designate such standing or waiting places in the licenses to such draymen hackmen or other persons, and to prohibit them from standing or waiting at any other place within such streets, and to regulate and prescribe standing places for all vehicles going to or waiting at any railroad depot or station in said city, and to authorize the Mayor or Chief of Police of said city to regulate and direct the location of vehicles at such railroad depots or stations. Thirty-Fifth-To regulate the construction of all buildings within Construction of buildings. As amended by Ch. 15, said city, and by such regulations to prescribe the depth of cellars, the material and method of construction of foundations and foun- dation walls, the manner of construction and location of drains and sewer pipes, the thickness, material and construction of party walls, partitions and outside walls, the size and material of floor beams, girders, piers, columns, roofs, chimneys, flues and heating apparatus, to apportion and adjust such regulations to the height and size of the buildings to be erected; to regulate the construc- tion and location of privies and vaults in such buildings, to pro- limits. hibit the construction of buildings not conforming to such pre- scribed standard, either in the whole city or within such building limits as it may prescribe; to establish, alter or enlarge such build- ing limits from time to time; to appoint an Inspector or Inspectors Inspector of of buildings, or to devolve the duties of such Inspector on any Building buildings. Obstructions on streets, etc. Health regulations. Vagrants and Prostitutes. Hackmen, draymen, etc. Standing places. Hack stands, etc.. at depots. Sec. 11. Sp. L. 1887, p. 451. 18 MINNEAPOLIS CITY CHARTER. CHAPTER IV. No control over U. S. or state buildings. Hitching posts. Hatchways. Numbering of houses. Steam boilers. Gas and gas inspector. Telegraph poles, wires, etc. May be ordered below surface Fire escapes. *Thirty-ninth-To require the owner or lessee of any building or structure, now or hereafter built or constructed in said city, to place thereon such fire escapes, and such appliances for protection against, and for the extinguishment of fire, as it may direct. And also to require such owner or lessee to construct, provide and furnish each and every other thing, and to do each and every other act which it may think necessary or advisable to lessen the danger to human life in case of fire or accident. Width of tires. Heavy traf- fic excluded from cer- tain streets. ! Removal of garbage. CITY COUNCIL: POWERS, DUTIES, ETC. city officer; to give such Inspector or other officer authority to enter upon, examine and inspect all buildings in process of con- struction in said city or within such building limits, and to direct. the suspension of any such building operation as does not conform to such regulations. Provided, however, That neither said City Council nor any Inspector or officer of said city shall have control or regulation of any building erected by the United States or the State of Minnesota. Thirty-six-To provide for and regulate the erection of hitching posts or rings for fastening horses, or to prohibit them in any portion of the city, in its discretion. Thirty-Seventh-To regulate the opening of hatchways and compel proper guards about the same. Thirty-Eighth-To regulate the numbering of houses and lots and to compel the owners of houses and other buildings to have the num- bers of such houses or buildings designated thereon. *Fortieth-To regulate or prohibit the location and use of such steam boilers, in size and construction, as it may designate as being dangerous to life or property, or to prohibit the location of any such steam boiler except where permission therefor is first given by the City Council, specifying the location and prescribing the regulations for its use. *Forty-First-To regulate and control the quality and measurement of gas; to prescribe and enforce rules and regulations for the man- ufacture and sale of gas; to provide for the inspection of gas and gas meters, and to appoint an Inspector and other officers if needed for that purpose, and prescribe their duties. *Forty-Second-To regulate and control or prohibit the placing of poles therefor, and the suspending of electric and other wires, along or across the streets of said city, and to require any or all already placed or suspended, either in limited districts or through- out the entire city, to be removed or to be placed in such manner as it may designate beneath the surface of the street or sidewalk. +Forty-Third-To regulate and designate the width of tires of all wheels used on any and all vehicles used in said city, and the highest weight of any load to be drawn over any street in said city, and may direct upon what streets heavily-loaded vehicles may be drawn and from what streets, avenues and boulevards the same shall be excluded. +Forty-Fourth-To require and provide for the removal throughout the city, or in such districts or on such streets and *Added by chapter 3, section 13, Special Laws 1883, p. 74. †Added by chapter 2, section 14, Special Laws 1885, p. 48. MINNEAPOLIS CITY CHARTER. 49 CITY COUNCIL POWERS, DUTIES, ETC. avenues and in such manner as the council may direct, of any or all swill, offal, garbage, ashes, barnyard litter, manure, rubbish, yard cleanings and the contents of any privy, vault, cesspool or sink, dead animals or any other foul or unhealthy stuff or ma- terial, with the authority to assess the expense of such removal upon the property from which such above named matter or things shall be taken; and said council is hereby authorized and em- powered to make and enter into a contract or contracts with any person or persons, corporation or corporations, for such removal of said material and substances, or any of the same, on such terms and conditions as it may deem best, and for any time not to exceed five (5) years. CHAPTER IV. As amende Sec. 1, Sp. by Ch. 137, L. 1891, p. 770. Expense assessed. Forty-Fifth-To provide for requiring owners of buildings or other Removal of structures, which shall have been destroyed or partially destroyed dangerous by fire or otherwise, to take the same or any part thereof down to prevent accident; and in case of refusal or neglect of said owner to so take down the same, when ordered by the officer designated by said City Council, then to cause the same to be done at the expense of the owner, the cost thereof to be made by special for same. assessment on the land on which the same stands. Assessment piles. Forty-Sixth-To regulate the piling of lumber, shingles or lath in said Lumber city, and to require any person maintaining any lumber, shingle and lath pile or mill wood yard in said city, to remove the same when the same is or may become dangerous to any building, build- ings or other property near the same; also to regulate and desig- nate where the following kinds of business or amusement may be hereafter located or carried on, to-wit: founderies, tanneries, dye houses, boiler shops, rendering houses, store houses for oil and powder, glue factories, soap houses, store houses for hides, sta- bles, roller-rinks, and base-ball grounds. As amended by Ch. 82, Sec. 1, Sp. p. 697. L. 1889, Location of certain shops, etc. Fire limit, changed. Provided, however, that nothing herein contained shall interfere with the limits within such lumber, shingles, lath and mill wood and etc., not piles may not be piled as now established by ordinance of said city, or with the fire limits of said city, as now existing or which may here- after be established by ordinance in said city. Forty-Third-To license, prohibit, regulate and control the carrying Concealed of concealed weapons and provide for the confiscation of the weapons. same. (Added by Ch. 6, Sec. 1, Sp. L. 1885, p. 66.) Removal of And to regulate and determine the manner in which bodies which have been buried or placed in a vault, or tomb, or other dead bodies. place for the purpose of burial, may be removed. (Added by Ch. 15, Sec. 16, Sp. L. 1887, p. 452.) Chimneys, stacks, etc. smoke Forty-Seventh-To regulate the construction of buildings, chimneys and stacks within the limits of said city, also the emission of dense smoke; it shall also have authority to prohibit and prevent the erection or maintenance of any insecure or unsafe buildings, stacks, walls or chimneys and the emission of dense smoke in said Insecure city, and to declare them to be nuisances, and to provide for their summary abatement. buildings, smoke, etc. †Added by chapter 2, section 14, Special Laws 1885, p. 48. 50 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Penalties for nuisances, etc. Penalties for breach of ordinance. Bread and water. Bond to keep peace. Confinement in work house. Work on public im- provements. Fines to be worked out. Workhouse regulations. SEC. 7. The City Council may also provide by ordinance that any one convicted of an offense before the Municipal Court subjecting such offender to imprisonment under the ordinances of said city, may be kept at hard labor in any work house established for that purpose, or in case of a male offender, may be kept at hard labor during his term of punishment in such workhouse or upon the public improve- ments of said city, or both; and may also provide by ordinance that any one convicted of an offense before said Municipal Court, and committed upon non-payment of fine imposed, may be kept at hard labor in any workhouse of said city aforesaid; or in case of a male offender, may be kept at hard labor either in such workhouse or upon the public im- provements, or both, until such person shall work out the amount of such fine, at such rate of compensation as said Council may prescribe, for a time not exceeding said commitment; and the City Council shall have full power to establish by ordinance all needful regulations for the security of such persons thus employed, and to prevent escape and secure proper discipline, and shall have power to establish a proper workhouse in said city or outside thereof for the purpose aforesaid, and under such regulations as said City Council may prescribe. Pro- As amended by Ch. Sec. 9, Sp. L. vided, That the City Council aforesaid is hereby authorized to use the 1887, p. 451. Hennepin county jail- to. Vagrants, how punished. Hennepin county jail as the workhouse of the City of Minneapolis provided for in this act; the prisoners of the city to be as at present commitments in the custody of the sheriff of Hennepin county, except while working on the improvements of said city, when they shall be under the control of the police force of said city; And provided further, That the Judge of the Municipal Court of said city shall have power, for vagrancy, to commit any person to the city prison, or workhouse, or county jail, or to order any such person to work on the public improvements of said city for a term not exceeding ninety days. Style of ordi- nances, sub- ject and title. Ordinances and resolu- tions, how passed. CITY COUNCIL: POWERS, DUTIES, ETC. It shall also have authority to enact ordinances imposing penalties upon persons or parties who may create, continue or suffer nuisances. to exist, such penalties not to exceed, however, in any case, a fine of one hundred dollars ($100) or ninety days imprisonment. (Added by Ch. 15, Sec. 17, Sp. L. 1887, P. 452.) - SEC. 6. The City Council may impose punishment for the breach of any ordinance of the city to the extent of a fine not exceeding one hundred dollars, and imprisonment in the city prison or county jail not exceeding ninety days, or both, and may provide that the offender during such imprisonment be fed on bread and water at the discretion of the judge of the Municipal Court, and offenders against such ordi- nances may be required to give security to keep the peace and for good behavior, for a period not exceeding six (6) months, and in a sum not exceeding five hundred dollars ($500). SEC. 8. The style of all ordinances shall be "The City Council of the City of Minneapolis do ordain." The subject of every ordinance shall be expressed in its title, and no ordinance shall embrace more than one subject. SEC. 9. All ordinances and resolutions of the City Council shall be passed by an affirmative vote of a majority of all the members of the City Council, by ayes and nays which shall be entered in the records of the Council. No ordinance shall be passed at the same session or at MINNEAPOLIS CITY CHARTER. 51 CITY COUNCIL: POWERS, DUTIES, ETC. any session occurring less than one (1) week after the session at which it shall have had its first (1st) reading, of the Council at which it shall have been presented except by the unanimous consent of all the members present, which shall be noted in the record, but this shall not preclude the passage of ordinances reported by any committee of the Council to whom the subject of such ordinance shall have been referred at any previous session. When approved, they shall be re- corded by the City Clerk in books provided for that purpose, and be- fore they shall be in force they shall be published in the official paper of the city. SEC. 10. A copy of the record of any ordinance or resolution heretofore passed and recorded or that may hereafter be passed, certi- fied by the Clerk and verified by the seal of the city, any copy thereof published in the official paper of the city or printed in the books con- taining the official proceedings of the City Council, or published in any compilation of ordinances made under direction of the City Coun- cil, shall be prima facie evidence of the contents of such ordinances and of the regularity and legality of all proceeding relating to the adoption and approval thereof, and shall be admitted as evidence in any Court in this State without further proof. In all actions, prosecutions and proceedings of every kind before the Municipal Court of the City of Minneapolis, such Court shall take judicial notice of all ordinances of the said city, and it shall not be necessary to plead or prove such ordinances in said Municipal Court. SEC. II. No appropriation shall be made without a vote of a majority of all the members of the City Council in its favor, which shall be taken by ayes and nays and entered among the proceedings of the Council. SEC. 12. The powers conferred upon the City Council to provide for the abatement or removal of nuisances shall not bar or hinder suits, prosecutions or proceedings according to law. SEC. 13. The City Council shall examine, audit and adjust the accounts of the Clerk, Treasurer, Clerk of the Municipal Court and all other officers and agents of the city at such times as they deem proper, and also at the end of each year, and before the term for which the officers of said city were elected or appointed shall have expired; and the City Council shall require each and every officer and agent to exhibit his books, accounts and vouchers for such examination and settlement, and if any such officer or agent shall refuse to comply with the orders of said Council in the discharge of his said duties, in pursuance of this section, or shall neglect or refuse to render his accounts or present his books or vouchers to said Council or a com- mittee thereof, it shall be the duty of the City Council to declare the office of such person vacant, and the City Council shall order suits and proceedings at law against any officer and agent of said city who may be found delinquent or defaulting in his accounts or the discharge of his official duties, and shall make a full record of all such settlements and adjustments. CHAPTER IV. As amended by Ch. 2, Sec. 15, Sp. L. 1885, p. 48. Unanimous consent, when Ordinances to be record- published. and record of Copy of ordinances, evidence. prima facie ceedings and Official pro- compilations of ordi- nances. Municipal judicial court to take notice. Majority vote of council for tion. appropria- Council powers not a bar in nuis- ance pro- ceedings. Accounts of be audited. officials to office vacant if books not produced. Proceedings in case of defalcation. 52 MINNEAPOLIS CITY CHARTER. CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. Control of city finances SEC. 14. The City Council shall have the management and con- and property. trol of the finances and all property of the city, except such control of the property connected with the water works of said city, as shall be As amended by Ch. 4, Sec. 1, Sp. L. given in this act to the *Board of Water Commissioners, and may 1885, p. 59. Two-thirds vote re- quired to sell real estate. Added by Ch. 2, Sec. 16, Sp. L. 1885, p. 48. Exception as to Industrial Exposition. Added by Ch. 15, Sec. 3, Sp. L. 1887, p. 447. Land for exposition. Same. Land for exposition. Same. To revert to city in case of default. provide for the sale of any such property, in such manner as it shall consider for the interest of the city. Provided, That no real estate belonging to said city shall be sold unless ordered sold by a vote of two-thirds (2-3) of all the members of the City Council. Except that the City Council of said city is hereby authorized to authorize the proper city officers, by a vote of a majority of all the members of said City Council, to execute proper deeds of conveyance to the Minneapolis Industrial Exposition for any lands upon which the Exposition building, built by said The Minneapolis Industrial Exposition during the year one thousand eight hundred and eighty-six (1886), stands, and the land pertaining to the same, described as fol- lows, to-wit: Lots one (1), two (2), three (3), four (4), five (5), six (6) and seven (7), in block three (3), and lots one (1), two (2), three (3), four (4), five (5), six (6), and the southeasterly eleven and fifty-two one hundredths (11.52) feet front and rear of lot seven (7), block two (2), all in the subdivision of block thirty-nine (39), St. Anthony Falls, according to the plat thereof on file and of record in the office of Register of Deeds in and for said Hennepin county; And also block five (5), and lots one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), sixteen (16), seventeen (17), eigh- teen (18), nineteen (19), twenty (20), twenty-one (21), twenty- two (22), twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty- nine (29), thirty (30), thirty-one (31), thirty-two (32), thirty- three (33), thirty-four (34), thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39), forty (40), forty-one (41) and forty-two (42), in block two (2), all in the subdivision of grounds between Pine, Bay, Main and Second Streets, St. Anthony Falls, as resurveyed by R. and F. Cook, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin county, Minnesota ; also all such parts of Second St., Prince St. and Cross St., and an alley between said blocks two (2) and three (3) of subdivision of block thirty-nine (39) of Saint Anthony Falls as was vacated by a resolution of the City Council of the City of Minneapolis, passed July ninth (9th), one thousand eight hundred and eighty- six (1886), and approved July thirteenth (13th), one thousand eight hundred and eighty-six (1886), which may belong to the City of Minneapolis. But such conveyance or deed shall provide that said real estate shall revert to the City of Minneapolis in case of default in the agree- ment which said The Minneapolis Industrial Exposition shall make *Board of Water Commissioners abolished and duties imposed on City Coun- cil. See Special Laws of 1887, chapter 23, p. 466; see also chapter 9 of this Charter, n. 82. MINNEAPOLIS CITY CHARTER. 53 CITY COUNCIL: POWERS, DUTIES, ETC. CHAPTER IV. expositions. with said City of Minneapolis in reference to carrying on and main- taining an Exposition in the buildings on said grounds for such term of years as said The Minneapolis Industrial Exposition and said city shall agree upon, not to be less than twenty-two (22) Expositions in the Twenty-two next twenty-four (24) years; and all the real estate either now be- longing to or which may be hereafter conveyed to said The Minneapo- Exposition realty lis Industrial Exposition, and used for industrial exposition purposes, exempt from shall be exempted from taxation (but not from special assessment for tax. public improvements) for a term not to exceed thirty years, and as long as said city shall have any possible reversionary or other interest in said property. Said City Council is hereby authorized to expend thirty-five hundred dollars or less to perfect the title to any of said real estate. Not from special assessment. Appropria- tion to per- fect SEC. 17. If in any case any of the powers granted to said City Council, to be exercised by ordinances named in section five (5) of this chapter, cannot well be exercised by the passage of ordinances, then said City Council may exercise any of said powers by means of the passage of resolutions. Provided, however, That the City Council of the City of Minne- apolis may at any time, by the affirmative vote of three-fourths (34) of its members, release said Minneapolis Industrial Exposition from any of the conditions imposed upon it by the deed or deeds of con- veyance executed by said city to said corporation in pursuance of the foregoing provisions, or from any contract heretofore or hereafter entered into between said city and said corporation; And provided further, That said City Council may, whenever it shall seem to said Council City Council to be for the best interests of said city so to do, by the claim. affirmative vote of three-quarters (34) of its members, relinquish to said Minneapolis Industrial Exposition, by deed of quitclaim, all the right, title, claim and interest of said city in and to any property here- tofore conveyed by it to said corporation, including all reversionary rights reserved in its deeds of conveyance to said corporation. may quit buildings. Streets, SEC. 15. The City Council shall have the power to acquire by Sites for purchase or condemnation such private property as may be necessary public for sites for public buildings for the use of the city and all depart- ments thereof, for all structures connected with any department of the city, and for all streets, alleys and public squares in the city, and to alleys, etc. ascertain and determine the value of all such private property taken for such uses, and the amount of all damages occasioned to any private property by reason of any public works or structures, and for that purpose may appoint commissioners to appraise such values or dam- Council may ages, or acquire information thereof in any other manner it shall deem appraisers. advisable. appoint Added by Ch. 13, Sec. L. 1891, p. 765. Council may release ex- position from condition of deed. SEC. 16. Any license issued by authority of the City Council may be revoked by the Mayor or City Council at any time, and upon con- viction before the Municipal Court of the City of Minneapolis, of an person holding a license for a violation of the provisions of any ordi- nance relating to the exercise of any right granted by such license, the said court may, and upon a second conviction shall, revoke such license Shall be re- in addition to the penalties provided by law or by ordinance for any such violation. voked, when. Licensere- voked, when. may be exercise resolution, Council may by when. Added by Ch. 2, Sec. 19, Sp. L. 1885, p. 49. 54 MINNEAPOLIS CITY CHARTER. City assessor. As amended by Ch. 33, Sec. 5, Sp. L. 1889, p. 594. SECTION. 1. 2. 3. 4. 6. 7. 8. 9. duties of.-Corrections. 5. Revision and confirmation of Rolls. Return to County Audi- tor.-Final Action and Validity. Salary of Assessor.-Compensa- tion of Deputies, Clerks, etc. Fiscal year, commencement of. City Comptroller to report Esti- mate of Current Expenses.- Tax Levy Computation. Proceeds of Licenses, Fines, etc., how applied.-Proceeds of Sales. Tax Levy for Current Expenses. -Limitations.-Department Ap- 10. 11. 12. 13. 14. 15. 16. CHAPTER V. M TAXATION AND FINANCE. City Assessor, Deputies and Clerks, how appointed.—Books, Blanks and Lists.-Notices, how signed. Assessments governed by general law. Board of Equalization.-General laws to apply.-Restrictions. Equalization, when made and completed. Rights of Aggrieved Parties.-City Attorney, special propriations. Report of Collected.-Re- Tax duced Expenses, when.-Com- pensation reduced, when.- Street Lighting. Ward Levy, how made and lim- ited. Interest on Bonded Indebtedness. -Tax toward payment of prin- cipal. Sinking fund; not to be abolished. -Commissioners.-Funds, how invested. Indebtedness, how paid.-Neglect of duty.-Bond Contracts to be kept inviolate. Bonds to aid Sinking Fund- When to be issued. Permanent Improvement Fund.- Expenses of Special Assess- ment, paid in advance, when.- Not to be used for current ex- penses. Tax-levy for Fund. My SECTION. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. City Comptroller not to sign con- tracts or orders, when. Tax-Levy, not to be affected by Informality.-Surplus. Statement of Tax-Levy to be fur- nished County Auditor. County Treasurer to pay moneys to City Treasurer.-Settlements and Apportionment. County Auditor to make State- ments of Taxes Levied.—Abate- ments, Corrections and Addi- tions.-Collection Statement. Orders for Money, how drawn.- Employes may be Paid on Pay Rolls. Board Employes also. Orders to be cancelled and filed. Cancelled Orders. Bonds, etc.- Examination and destruction. Bank Applications for Deposits.— Bonds of depositories. Funds to be Deposited in Desig- nated Banks. S Interest on Daily Balances.—Cer- tificates of Deposit, when. City Treasurer to make Monthly Statements. City Treasurer Exempt from Lia- bility, when. Deposit in Banks Outside Henne- pin County, when. City Treasurer to Secure Interest. -Yearly Interest Statement. Newly Organized Banks Desig- nated. Deposits Withdrawn from Banks. Bonds of Depositories, to remain in force.-How Examined and Approved. Record of Bonds. Ill-Fame fines; how appropriated. Current Expense Expense Funds, what paid from. Tax-Levy to Pay Judgments.- Special Tax, when.-Excess. *SECTION I. The City Council shall on or before the first (1st) meeting in April, one thousand eight hundred and eighty-nine (1889), or as soon after said meeting as may be, appoint one (1) Assessor, who shall be an officer of said city, styled "City Assessor," and who *Entire section 1 amended by chapter 3, section 14, Special Laws 1883, p. 75. MINNEAPOLIS CITY CHARTER. 55 TAXATION AND FINANCE. vacancies. shall keep an office to be provided by said city. The term of said City Term and Assessor so appointed shall end on the first (1st) Monday in January, one thousand eight hundred and ninety-one (1891), at which time or as soon thereafter as may be, and every two (2) years thereafter, there shall be appointed by the City Council a City Assessor whose term of office shall be two (2) years, or until his successor is appointed and qualified. Vacancies in said office may be filled as in other cases. The City Assessor shall in each year appoint such number of deputies as may be required to enable him to properly do his work, such appointments, however, to be approved and confirmed by the City Council; which deputies shall serve during the time of the making of the lists, but only so long as their services may be needed, the City Assessor discharging such of said deputies, from time to time as the work proceeds, as he can spare. SEC. 2. In all respects not herein expressly provided for, the City Assessor shall in making assessments be governed by the rules, both in respect to the property to be listed and assessed and the manner of listing and assessing the same, which are or may be prescribed by the general laws of the state for the government of Assessors in other parts of the state. (As amended by Ch. 3. Sec. 15, Sp. L. 1883, p. 75.) HAPTER V. Deputy assessors. } Omitted by Ch. 33, Sec. 1889, p. 594. 5. Sp. L. clerks. The City Assessor shall also with approval of the City Council Assessor's employ such clerks as may be necessary, their number to be reduced or increased whenever occasion requires, or the City Council directs. The City Assessor shall, so far as may be, present to the City Council, at its second regular meeting in March of each year, the names of such persons as he shall desire to have for deputies, designating in each case the time when the appointee shall, with the approval of the City Coun- cil, commence to serve as such, which time shall be long enough be- fore May first (1st), so that each may before that day be assigned his portion of the work and be properly instructed and prepared to do the same. He may, however, in case his deputies are not all appointed, subsequent or all confirmed at that time, present to the City Council other names appoint- for deputies at subsequent meetings as occasion shall require. ments. The City Assessor and his deputies shall qualify in the manner, and discharge the duties, prescribed by general law. It shall also be the duty of the City Assessor to make full preparation and do whatever he can toward the making of his lists beforehand, and the County Au- ditor shall deliver to him his assessment books and blanks in season to enable him to do so. He shall commence on the first (1st) day of May of each year, and as soon as may be thereafter complete his lists, according to law, but he shall be allowed until the second Monday in July to revise his lists, correct and equalize his appraisals, and make out and complete the assessment of said city. Notices may be signed and given, and other acts in the line of his duty done by any deputy assessor in the name of the City Assessor. Provided, however, that each Assessor now serving as such (unless appointed City Assessor) shall, if he desires to do so, serve as Deputy Assessor until the expiration of the time for which he was appointed as Assessor, subject, however, to removal as in other cases. City council to confirm ments. appoint- Assessor and qualify. deputies to Preliminary assessment lists. Assessment lists, when made. Deputy may sign notices. Tenure of office of assessors. former General laws to govern assessors. SEC. 3. The Standing Committee on Taxes of the City Council shall constitute a Board of Equalization, who shall be sworn according equalization. Board of # 56 MINNEAPOLIS CITY CHARTER. 韭 ​CHAPTER V. Assessor to attend board meetings. Powers of board. Reduction of total assessment. Meetings of board. Equaliza- tions when completed- Clerks. Grievances. City attor- ney to at- tend board meetings. Under- valuations. Council to confirm assessments. City clerk, duty of When coun- cil fails to act. Certificate of city clerk. Salary of assessors, etc. Compensa- tion of Board. Fiscal year. Fiscal year, 1889. TAXATION AND FINANCE. to law as such Board, and meet at the city council room in said city on the second Monday of July, of every year, and revise, amend and equalize the assessment on the roll of the City Assessor. It shall be the duty of the City Assessor to be present at all meetings of the said Board of Equalization; to present before the Board all facts relating to the assessment. Such Board of Equalization is vested with all the powers which are or may be vested in county boards of equalization under the general laws of the state so far applicable, but shall not be restricted by any limitation in respect to reducing aggregate sum of real or personal property as returned by the assessors. (As amended by Ch. 3, Sec. 15, Sp. L. 1883, p. 75.) SEC. 4. Such Board of Equalization may sit from day to day or adjourn from time to time as it shall deem proper, until it shall have completed the equalization of such assessment. It shall complete such equalization on or before the second Tuesday of August of every year, and shall have power to employ such clerk or clerks as shall be neces- sary to complete the revision of such assessment rolls, within said time. Every person aggrieved by any assessment shall have the right to ap- pear before such Board and present his grievance for its consideration. It shall be the duty of the City Attorney to attend the hearing of such grievances before such Board, and whenever it appears upon the hearing of such grievances that any property is listed or assessed at less than its true value, to call attention of the Board to such undervalua- tion and to make application in behalf of the city for the correction of such undervaluation. SEC. 5. When the assessment rolls shall have been revised by the Board of Equalization, they shall be returned to the City Council, who may confirm the same or return the same to said Board for further revision, to be again reported to the City Council. When the City Council shall have confirmed the assessment the City Clerk shall en- close therein a memorandum of such confirmation, and such rolls shall then be returned to the County Auditor as other assessment rolls. In case said City Council shall neglect to take final action on such rolls on or before the second (2d) Thursday after the first (1st) Tues- day of August of every year it shall be the duty of the City Clerk to return them to the County Auditor, with a certificate of the fact, and in such case the assessment rolls, as revised or equalized by such Board, shall have the same validity as if confirmed by said City Council. SEC. 6. The City Assessor shall be paid a stated annual salary to be fixed by resolution of the City Council. All Deputy Assessors, Clerks of Assessors and of the Board, and the members of such Board of Equalization, shall be paid such reasonable compensation upon ac- counts of time, audited by the Comptroller, as shall be determined by the City Council. (As amended by Ch. 3, Sec. 15, Spl. Laws 1883, P. 75.) SEC. 7. The fiscal year of said city shall commence on the first (1st) day of March. Provided, That the fiscal year shall begin on the first (1st) day of each and every year, beginning with the first (1st) day of Janu- ary, 1889. (Added by Ch. 15, §18, Spl. Laws 1887, p. 452.) MINNEAPOLIS CITY CHARTER. 57 TAXATION AND FINANCE. SEC. 9. The revenues of said city derived from licenses, rents, fines, except such fines collected from keepers or inmates of houses of prostitution as may be otherwise provided for, and all costs and judg- ments collected in favor of said city, shall be devoted to the current expenses of the city. All receipts from sales of property shall be ap- plied to the permanent improvement fund. CHAPTER V. SEC. 8. The City Comptroller shall, on or before the tenth (10th) day of September of each year, report to the City Council an esti- mate of the current expenses of the city and the several wards there- of, for the fiscal year commencing on the first (1st) day of March next ensuing, together with a statement of the amount of all rev- Revenue enues received by the city for the year ending on the first (1st) day of statement. September, from other sources than taxation. He shall also, as soon Tax-levy as may be after the State Board of Equalization shall have completed computation. its adjustment of the assessment of the taxable property in said city, report to the City Council a computation of a rate of tax-levy which, with the amount of revenue received by the city for the last year, re- ported as aforesaid and applicable to the current expenses of the city, shall be sufficient to defray the current expenses of the city for the next fiscal year, according to the aforesaid estimate, and, at the same time, a computation of the amount of tax levy on the several wards Ward of the city necessary to defray the expense of such wards, accord- ing to his said estimate. estimate. City comp- estimate troller to expenses. ¿ Revenue from li- censes, fines, etc. Proc. Proceeds of sales. expense tax *SEC. 10. After the making of the reports of the City Comp- City council troller, provided for in section eight (8) hereof, the City Council to levy tax. shall levy such tax on all the taxable property in said city as it shall deem necessary, in addition to the other revenue of the city applicable thereto, to defray the current expenses of the city for the next fiscal Current year, but no such taxes for such current expenses shall in any year limited. amount to more than six-tenths (6-10) of one (1) per cent. of the assessed valuation. Prior to the levying such tax to defray the current expenses of the city for the next fiscal year, said City Council shall by resolution appropriate a certain sum of money for the ex- penses of each department of the city government which is to be paid out of said current expenses fund, and no more money than thus ap- propriated shall be expended for any fiscal year for any such depart- ment of the city government. (As amended by Ch. 15, Sec. 4, Spl. Laws 1887, p. 448.) tions the Appropria- year to be levy. prior to tax- SEC. II. The City Comptroller shall, as soon as may be after the first (1st) Monday in January of each year, make report to the City Council of the actual expenses of the city for the first quarter of the then current fiscal year, the amount of taxes collected and outstand- ing, and of the revenues received from other sources, and if, upon the making of such report, it shall appear that the current expenses for such quarter have exceeded the estimates upon which the tax levy therefor was based, or that the revenues of said city are likely to fall short of their estimated amount at the time of making such tax levy, the City Council shall forthwith proceed to reduce the current expenses Reduction of of said city in such manner as may be deemed advisable, and for that current purpose may diminish the amount of service for lighting streets, re- expenses. *See act relative to Board of Tax-Levy, chapter 84. Special Laws 1885, p. 253. Comptroller to make quarterly report of expenses. As amended Sec. 4. Sp. L. 1889, by Ch. 33, p. 594. 8 MINNEAPOLIS CITY CHARTER. 1 CHAPTER V. Reduction of employes. Street light- ing-reduc- tion of ser- vice. Ward levy. Limitation. Interest on bonded in- debtedness. Fund for payment of principal. Sinking Fund. Not to be abolished. Excess of collection. ers. Investment of sinking fund. ! Bonds not cancelled, when. SEC. 14. In order to provide for the certain payment of the bonds. and debts of the city, the City Council is authorized to maintain the sinking fund already established, and to provide by ordinance for the care, investment and security thereof, and from time to time to amend such ordinances in such manner as may be necessary or expedient, but shall have no authority to abolish such sinking fund until all the debts of the city are fully paid, nor shall it divert said fund or any revenue or increase thereof to any other purpose. All amounts, if any there be, collected of the tax to pay the interest on the bonds of the city in excess of the amount of such interest, the whole amount of the one mill levy for the payment of the bonds of the city pro- sinking fund. vided for in the preceding section, and all revenues of the city not otherwise appropriated, shall be applied to the increase of such sink- ing fund. Increase of commission- The City Council shall by such ordinance provide for and ap- Sinking fund point a Board of Sinking Fund Commissioners, consisting of three persons, determine the time such Commission shall serve and define such of their duties as are not herein enumerated. Such Commis- sioners shall have charge of said sinking fund, and, by and with the consent of the City Council invest the same in the bonds of the said city, or such other bonds as are permitted for the investment of the permanent school fund of the State of Minnesota, or in the bonds of any city in the State of Minnesota having a population of five thou- sand or more, or in such county or school bonds in the State of Min- nesota as may be approved. In case of investment in the bonds of said city the same shall not be cancelled but shall be held by said de TAXATION AND FINANCE. duce the force or number of men employed in the several departments of the city, except the Fire Department, but in the discharge of such employes said City Council so far as may be, shall provide that such discharge shall be operative only during the summer months of the year. In all future contracts for lighting streets the right of the city to reduce the amount of the service on account of deficiency of revenue shall be reserved. SEC. 12. The City Council shall also at the time of making such levy .for current expenses, and upon the recommendation of a ma- jority of the Aldermen of each of the several wards of the city, levy upon the taxable property in such wards such tax, not exceeding one- fourth (4) of one (1) per cent. of the assessed valuation of such wards as may be necessary to defray the expenses of such ward for the next fiscal year. SEC. 13. The City Council shall also at the same time levy, upon all the taxable property in said city, such taxes as shall be sufficient to pay the interest to become due during such next fiscal year upon all the bonds or debt of said city, and an additional tax of one mill on a dollar of the assessed valuation of all such taxable property to pro- vide for the principal of said bonds or debt when the same shall have become due, and the amounts collected pursuant to this section shall not be applied to any other purpose than herein named, but this re- striction shall not prohibit the investment of the sinking fund herein- after provided for. MINNEAPOLIS CITY CHARTER. 59 TAXATION AND FINANCE. In case the City Council, Sinking Fund Commissioners, or other city officers shall violate or neglect to conform to any of the provisions of this section, any tax-payer of the city, or any owner of any of the bonds of said city, shall have the right to maintain, in any court of competent jurisdiction, any appropriate action to enforce compliance therewith. bonds. Commissioners and the interest thereon paid over and applied to the increase of such sinking fund. Whenever the principal of any of the Payment of bonds of the city shall become due such Commissioners shall, by and with the consent of the City Council, dispose of such of the bonds be- longing to such fund as with the money on hand belonging to the same shall be necessary to pay such bonds. Whenever the amount of One mill tax such sinking fund shall with the interest or revenue thereof computed to the time of maturity of the bonds or debt of the city, be sufficient to pay all of said bonds or debt at the maturity thereof, the levy of the one mill tax aforesaid may be omitted, but in case by reason of decrease of interest or depreciation of investments or other cause, said fund shall not be sufficient the same shall be resumed. The substantial maintenance of the provisions of this and the preceding section for the payment of the principal and interest of the bonds or debt of said city, is hereby declared to be part of the con- tract with the holder of any bonds of the city that may hereafter be issued, and shall be kept inviolate. SEC. 15. Whenever the sinking fund, provided for in section fourteen (14) hereof, shall be insufficient to pay all the bonds of the city that may at any time become due, or when it shall by the City Council be deemed advisable and for the interests of the city to take up any bonds of the city not due, which may be offered for sale by the holders thereof, the City Council may issue the bonds of the city, to run not to exceed thirty years, on such terms as to place of payment and rate of interest as may be deemed advisable, to such an amount as may be necessary to meet such deficiency, or to take up and refund such bonds not due, provided the refunding bonds shall in no case draw a higher rate of interest than the bonds so taken up; but neither said City Council, nor any officer nor officers of said city, shall other- wise, without special authority of law, have authority to issue any bonds, or create any debt, or any liabilities against said city, in ex- cess of the amount of revenue actually levied and applicable to the payment of such liabilities. (As amended by Ch. 33, Sec. 12, Spl. Laws 1889, p. 597.) SEC. 16. The City Council is hereby authorized to issue the bonds of said city to an amount not exceeding forty thousand dollars, for such time, not exceeding thirty years, and on such terms as to rate of interest, and place, and manner of payment, as may be deemed advisable, and to put the avails thereof into the treasury of said city, to be kept distinct from all other funds of the city, and designated as the permanent improvement fund. The City Council may provide for the payment out of said fund of the expenses of any such im- provement as may be assessed in whole or in part upon any special property to be benefited by such improvement, and in advance of the collection of such assessments. CHAPTER V. omitted, when. Neglect of duty. Tax-payers and bond- owners. Bond con- tracts to be late. kept invio- - Bonds for when. interest. Special required for other bonds, etc. Bonds for improve- permanent ment. Proceeds to be kept distinct. Fund may be used in assessment. advance of 1 60 MINNEAPOLIS CITY CHARTER. CHAPTER V. And for bridges, waterworks, etc. Not for current expenses. Proceeds of special assessments. Tax-levy for permanent improve- ments. Tax limitation. Comptroller to notify Comptroller not to sign contracts, when. SEC. 17. Whenever the amount contracted or appropriated to council when be expended out of such permanent improvement fund or of any ward funds deficient. fund shall be equal to the amount of such fund actually on hand and nine-tenths of the amount of uncollected taxes levied for the current fiscal year as aforesaid, and applicable to such fund, or when the amount called for by any proposed contract shall, together with the amounts previously appropriated or contracted for, exceed the amount of such fund on hand, and such nine-tenths of the uncollected taxes, the City Comptroller shall forthwith notify the City Council of such fact, and he shall not countersign any contract payable out of such fund until the amount of such fund on hand, with nine-tenths of the amount of uncollected taxes aforesaid, shall be sufficient to meet the liabilities created by such contract in addition to all liabilities pre- viously contracted for, and he shall never countersign any contract. payable out of the revenues of any other fiscal year than the one in which such contract shall be performed. Provided, That where spe- cial assessments have been made for any improvement, or where the city has been authorized to sell bonds to raise money for any improve- ment, then, in such cases, said Comptroller may countersign any con- tract for such improvement, where said contract provides that no pay- ments shall be made until such money is in the treasury, and in any case, where the money is to be raised by such sale of bonds, such con- tracts may provide for the construction of such improvement to ex- tend over a period of several years, to be paid for as finished, or on periodical estimates, out of the revenues or moneys provided for the year, when to be so paid. He shall countersign no order upon the treasury until there shall be money in the treasury belonging to the proper fund wherewith to pay the same, and all orders on the treas- ury shall be countersigned in the order in which the claims are al- lowed, upon each fund respectively. (As amended by Ch. 2, Sec. 17, Spl. Laws 1885, p. 48.) Comptroller may sign contracts, when. Periodical payments on contracts. Orders, not to sign when fund ex- hausted. Taxes to be levied by resolution. TAXATION AND FINANCE. From said fund shall also be paid all such portions of the expenses of such assessable improvement as shall devolve on said city, and also the expense of all bridges, buildings, water works and other per- manent improvements not otherwise specially provided for by law. No part of such fund shall ever be applied to the payment of the cur- rent expenses of said city, nor to any other purposes than such as are herein designated. All sums collected upon special assessments, whose costs shall have been advanced out of such fund, shall be returned to said fund. The City Council shall annually, at the time of making the other tax levies of said city, levy a tax sufficient to replace all ex- penditures made from said fund, not provided for by such special as- sessments, and may by tax-levy provide for the increase of such fund. to such amount as may be deemed necessary, provided, that the whole amount of tax levied in any year shall not exceed two and one-half (22) mills on a dollar of the assessed valuation of the taxable prop- erty of said city. (As amended by Ch. 15, Sec. 4, Spl. Laws 1887, p. 448, and Ch. 33, Sec. 8, Spl. Laws 1889, p. 595.) SEC. 18. All taxes shall be levied by resolution of the City Coun- cil, and no tax shall be invalid by reason of any informality in the man- ner of levying the same, nor because the amount levied shall exceed MINNEAPOLIS CITY CHARTER. 61 TAXATION AND FINANCE. the amount required to be raised for the special purpose for which the sum is levied, but in such case the surplus shall go into the fund to which such tax belongs and may be applied to the further uses of such funds. fund. Surplus SEC. 19. The City Council shall cause to be transmitted to the County Auditor of Hennepin county, on or before the tenth day of October of every year, a statement of all taxes by it levied, and such taxes shall be collected and payment thereof be enforced with and in like manner as State and county taxes are paid and the payment thereof enforced. CHAPTER V. + Statement of tax-levy. County treasurer to pay over SEC. 20. The County Treasurer of said Hennepin county shall pay over such taxes, together with all interest and penalties which shall be collected on account of the same, when collected, to the Treas- taxes. urer of said city, and in the several settlements of the funds to be so paid over as provided for by general law, said County Treasurer shall Settlements account for and pay over to the City Treasurer such portions of the treasurer. interest paid by bankers with whom funds of said county are de- posited, as have accrued upon funds arising from city taxes and as- sessments so deposited, with such county funds or as parts thereof. with city *See act approved April 11th, 1891, requiring monthly settlements. Special Laws 1891, chapter 123, p. 756. Collection of taxes. tax *Whenever, previous to any of the settlements provided for by Advance of law, there shall be a lack of funds in the city treasury for any pur- collections. pose and there shall be funds in the county treasury which shall have been collected on account of city taxes or assessments, the County Treasurer shall, on the application of said City Treasurer, advance and pay over such sums as shall be estimated to be the amount collected on account of such city taxes or assessments, and such advances shall be accounted for and adjusted at the next regular settlements with said city. The City Treasurer shall also forthwith, after such settle- ments, adjust and apportion the funds so advanced among the several ment of city funds in his hands. Apportion- funds. To be ac- counted for ment. at settle- auditor's tax statement. SEC. 21. It shall be the duty of the County Auditor of the county County of Hennepin to make out and transmit to the City Comptroller of said city, on or before the first (1st) day of December of each year, a statement showing the exact amount of taxes levied on account of the several funds of said city, and each ward thereof, and of the Board of Education of said city, according to the tax lists made out by said Auditor, and at the same time make out and transmit to said Comp- troller a statement of all abatements, corrections or additions to said tax lists, and of all amounts of all taxes cancelled as uncollectible, etc. within the year next preceding, and the several amounts of such changes affecting each of said several funds; and also a further state- ment of the amount of taxes delinquent and outstanding applicable to said several funds, and in such statement to be made on the first (1st) day of February, A. D. 1882, he shall also state the said several amounts so delinquent on the tax lists for the years 1878, 1879, and 1880, and of 1877, and prior years. He shall also, at the time of making settlements with the County Treasurer required by law, fur- nish said Comptroller with a certified statement of the several amounts collections. collected by said County Treasurer on account of each of said several Certified statement of Abatements, Delinquent taxes. Delinquent taxes of prior years. 62 MINNEAPOLIS CITY CHARTER. CHAPTER V. City orders, when issued. Form of orders. Payment of employes on pay-rolls. Form of pay-rolls, etc. Pay-rolls for board employes. Board employes, payment of. Orders to be canceled. Destruction of canceled bonds, orders, etc. Depositories of city funds. Applications of banks for same. TAXATION AND FINANCE. funds as shown by such settlements. (As amended by Ch. 39, 81, Spl. Laws, Ex. 1881, p. 90.) SEC. 22. No Money shall be paid out of the city treasury, ex- cept for principal or interest of bonds, unless such payment shall be authorized by a vote of the City Council, and shall then be drawn out only upon orders signed by the Mayor and Clerk and countersigned by the Comptroller, which orders shall specify the purpose for which they were drawn, and the fund out of which they are payable, and the name of the person in whose favor they may be drawn, and may be made payable to the order of such person or to the bearer, as the City Council may determine. Provided, That the City Council may provide by ordinance for the payment of all employes of said city, which are paid by order of the City Council, on pay-rolls, to be pre- pared as directed by said ordinance, by heads of departments or other- wise, audited by the City Comptroller, ordered paid by said City Coun- cil after so being audited, and paid by the City Treasurer and re- ceipted by the employe on said pay-rolls, which pay-rolls shall be de- posited by said Treasurer with said Comptroller on receiving war- rants drawn as other warrants are drawn for the sums totals of such pay-rolls; such warrants shall refer to the date, number, sum total, and department paid for, of such pay-roll, and to save time to the em- ployes of said city the Mayor may direct the Treasurer to go to any place in said city at a particular time to pay the employes thereof, where more than ten (10) employes are working on any city work; And also, further provided, That when the Board of Education, the Board of Park Commissioners or the *Board of Water Commissioners. of said city shall by resolution request the Treasurer of said city to pay the respective regular employes of said respective Boards on pay- rolls, in a similar manner as above named for paying employes who are paid by order of the City Council, as near as practicable, then said City Treasurer shall pay the respective regular employes of such Board so requesting the same, on such pay-rolls. (As amended by Ch. 2, Sec. 18, Spl. Laws 1885, p. 49.) SEC. 23. When any such order shall have been paid to or re- ceived by the Treasurer, it shall not again be issued, but he shall im- mediately cancel the same and file the same away in his office, keep- ing the orders drawn upon each fund separately. SEC. 24. The City Council may provide for the examination from time to time of such canceled orders, and also of canceled bonds or other obligations in the hands of the Treasurer and for their de- struction, preserving such record or vouchers thereof as the City Council or any committee thereof may deem proper. SEC. 25. Any bank in Hennepin county with a capital stock equal to or exceeding fifty thousand dollars which desires to receive on deposit, as provided in this act, a portion of the funds in the hands of the City Treasurer of said city, shall, prior to the first (1st) Mon- day in April, A. D. one thousand eight hundred and seventy-nine (1879), file with the City Comptroller of said city an application for such deposits, stating that they will furnish good and sufficient bonds payable to the City of Minneapolis for double the amount of money *Water Board abolished; see chapter 23, Special Laws of 1887, p. 466. MINNEAPOLIS CITY CHARTER. 63 TAXATION AND FINANCE. CHAPTER V. S fix bonds, etc. likely to be received, and conditioned for the safe keeping and pay- ment of the funds so deposited and interest thereon; and that they will pay interest on such deposits as provided in this act. The appli- Council to cations so filed shall be presented to the City Council, who shall de- termine upon the amount of bonds which shall be required of each bank, and the City Clerk shall notify the banks thereof. The banks shall then execute such bonds with three or more securities, and pre- sent them to the City Council for approval; and all of such banks Designation which shall furnish bonds which shall be approved by the City Coun- of banks. cil shall be designated by the City Council as depositories for funds in the city treasury. Approval of banks, SEC. 26. After such designation shall have been made, all the Designated funds then in the hands of the City Treasurer, or thereafter received deposits in. by him, shall be deposited in the banks designated, in the name of the City of Minneapolis, and subject to the order of the City Treasurer; and the funds so deposited shall be distributed as near as may be in proportion to the paid-up capital stock of the banks receiving such deposits. SEC. 29. When the funds in the hands of the City Treasurer shall be deposited as hereinbefore provided, such Treasurer and his bonds- men shall be exempt from all liability therefor by reason of the loss of any such deposited funds from the failure, bankruptcy, or any other acts of any such bank or bankers, to extent and amount of such funds in the hands of such bank or bankers at the time of such failure or bankruptcy. deposit, when SEC. 27. The banks receiving such funds on deposit shall pay Banks to pay interest on the same at the rate of three (3) per cent. per annum on interest on daily balances, which interest shall be computed at the end of each calendar month, and placed to the credit of said city at that time; Provided, That if the City Treasurer shall at any time receive, or have Certificate of in bank, funds which will probably remain on deposit three (3) months or longer, instead of leaving such funds deposited in open account he shall take therefor certificates of deposit, payable to his order on de- mand, and bearing interest from date at a rate not less than four (4) per cent. per annum, and at such higher rate as he may be able to negotiate for; Provided further, That the total amount deposited in Limitation of any bank (both on open account, and on certificates of deposit), shall not at any time exceed one-half the amount of the bonds of said bank to the city. deposits. SEC. 30. If all the banks of Hennepin county shall decline to give bonds and receive deposits as provided in this act, or if the bonds offered shall not be of sufficient amount to cover and make secure the deposits to be made, then the City Treasurer, with a committee of the City Council, shall negotiate for such deposits or such part thereof deposits. SEC. 28. The City Treasurer shall make monthly statements of Monthly the amount of money deposited as hereinbefore provided, giving the statement of amount deposited in open account, and in interest-bearing certificates, in each bank separately, and file such statement with the City Clerk, who shall present the same to the City Council at its next regular meet- ing thereafter; and the City Clerk shall furnish a copy thereof to any local newspaper applying therefor for publication, free of charge. Copies for publication. City treas- from urer exempt liability, when. When banks decline to give bonds, etc. 64 MINNEAPOLIS CITY CHARTER. CHAPTER V. Banks out- side Henne- pin county. Limitations as to capital. Annual statement of city treas- urer. Newly organized banks may receive deposits. City treas- urer to se- SEC. 31. It is hereby made the duty of the City Treasurer to cure interest. make every endeavor to secure interest on the public funds, consistent with their safe keeping, as herein provided; and to manage such funds in the interest of the city. But he shall in no case postpone or defer any payments after the same shall become due, in order to secure additional interest on such funds. At the close of each fiscal year, the City Treasurer shall make a statement of the total amount of interest on public funds received by him during the year, and such interest shall be placed to the credit of the several funds from which it shall accrue. How designated. Insufficient security. Council may require new bonds. Deposits may be withdrawn. Bonds to continue in force. TAXATION AND FINANCE. Annual ex- amination of bonds. as they may deem necessary, with any bank or banker outside of Hen- nepin county, which will give bonds, with sureties to be approved by the City Council; and in case such negotiation be made and bonds ac- cepted then the City Treasurer is hereby authorized to deposit the funds of said city in such bank, in the same manner as in banks men- tioned in section ten (10) of this chapter. Provided, That no bank outside of Hennepin county shall be so selected unless it have a paid-up- capital of not less than fifty thousand dollars. SEC. 34. All bonds given by banks as provided in this chapter shall continue in force so long as funds of the city or of which the City Treasurer is the custodian in any way, deposited in such bank, shall be unpaid by the banks giving such bonds. And the City Council, at its second regular session in the month of March in each year, shall examine all the bonds in the hands of the City Treasurer, and if any are deemed insufficient, they shall require new bonds to be executed; and the Council may make such examination and orders at any other time. All of such bonds given by banks under the provisions of this recorded and Chapter shall, upon being approved by the City Council, be recorded Bonds of deposited. by the City Comptroller, and then deposited with the City Treasurer for safe keeping; and the record of such bonds so kept by the City Comptroller, or copies thereof certified by that officer, shall be com- petent and prima facie evidence of the contents and tenor of such bonds. SEC. 32. Any bank in Hennepin county, newly organized, or which has not before received any of the city funds on deposit, having a paid-up capital of not less than fifty thousand dollars, may at any time make application to the City Council for the deposit of a portion of the city funds, and if they shall give bonds which shall be approved by the City Council and comply with the conditions of the act, the City Council may designate any such bank as a depository of such funds, as provided in section twenty-four (24) of this chapter. · SEC. 33. Whenever, from the change in the financial ability of sureties, or from other causes, the City Council shall deem the bonds. of any bank insufficient security for the funds therein deposited or liable to be deposited by the City Treasurer, the City Council shall require a new bond with sureties to be approved by the City Council, to be given by such bank, and if such bank shall fail to promptly execute and present such new bonds, the City Treasurer shall at once withdraw all deposits from such bank, and such bank shall cease to be a depository of city funds, until it shall be reinstated as such by vote of the City Council upon the execution of bonds, which shall be ap- proved by the City Council. MINNEAPOLIS CITY CHARTER. 65 TAXATION AND FINANCE. SEC. 35. The City Council is authorized to appropriate and set apart the whole or any portion of the fines which may be collected from keepers or inmates of houses of ill-fame, or from persons resorting to such houses, for the use and support of any institution in said city established for the care and reformation of fallen women, or [for] the building and maintaining of a city hospital. SEC. 36. All appropriations and expenses of the city not other- wise specially provided for, shall be paid out of the fund for the cur- rent expenses of the city. CHAPTER V. bawdy house Fines of keepers, appropriated how. Orders paid expense from current account. SEC. 37. No limitation or restriction herein shall be construed Judgments against city. to prohibit the levying of taxes to pay any judgment that may at any time be recovered against said city, but in case of such judgment the City Council shall at the time of making the last annual tax levy after the rendition of such judgment levy and assess a special tax upon all the property in the city or such ward thereof as may be responsible for the payment of such judgment, sufficient to pay such judgment. In case of failure to collect taxes or other cause, such levy shall prove insufficient, new taxes shall be levied until the whole of such judgment is paid. Any excess of the amount so levied and collected over the payment of such judgment shall be credited to the current expense fund of the city, or the funds of the proper ward, as the case may be. for, when Special tax made, etc. New levy. ment, when. for judg- Excess paid into current expense fund. 66 MINNEAPOLIS CITY CHARTER. Mayor to have power over police. Total num- ber of police force. Mayor may remove. Temporary police. Powers of policemen. Council to provide building, facilities, equipments. Salaries. SECTION. Bonds. 1. 3. of Mayor Powers Force. Superintendent. 2. Buildings, etc.-Salaries and Bonds of Policemen. Special Police Powers. CHAPTER VI. POLICE DEPARTMENT. over Police SECTION I. The Mayor shall be vested with all the powers of said city connected with and incident to the establishment, main- tenance, appointment, removal, discipline, control and supervision of its Police Force, subject to the limitations herein contained, and may make all needful rules and regulations for the efficiency and discipline and promulgate and enforce general and special orders for the gov- ernment of the same, and have the care and custody of all public prop- erty connected with the Police Department of the city. He shall, by and with the consent of the City Council, appoint some suitable person Appointment as Superintendent of Police, subject to removal at the pleasure of the of superin- tendent. SECTION. 4. 5. 6. ٦٠ Oath and Bond of Policemen. Penalty for Acting as Policeman without Authority. Inconsistent Acts Repealed. Act to take effect. (Entire chapter as amended by act approved Jan. 27, 1891, chapter 135, Special Laws 1891, p. 767.) SHE Mayor, or for cause by a two-thirds (2-3) vote of the City Coun- cil. The Mayor shall also appoint all members of the Police Force, in- cluding Officers, Clerks, Inspectors, Detectives, Patrolmen, Watchmen, Jailers, Teamsters, Drivers and other employes, prescribing the title, rank and duties of each, and report a list thereof to the City Coun- cil; but the total number so appointed shall in no case exceed two hundred and twenty-five (225) persons, unless the said City Council shall first consent thereto. Each and every person so appointed shall be subject to removal by the Mayor when he shall deem the same necessary after proper investigation, or by the City Council for. cause, by a two-thirds (2-3) vote. The Mayor may also, in case of riot, large public gatherings or other unusual occasions demanding the same, appoint such number of temporary Police as may be needed, but not for a period of more than one (1) week, without the consent of the City Council. All Policemen so appointed shall possess all the common law and statutory powers of Constables, and any warrant for search or arrest issued by any Magistrate or Court of Record in Hen- nepin County may be executed in any part of said county by any member of said Police Force. SEC. 2. The City Council shall provide all buildings, facilities. and equipments, including station houses, lockups, offices, telegraph and telephone lines and instruments, teams, vehicles, books, blanks, stationery, badges and all other public property as may be necessary or deemed essential to the efficiency of said Police Force and depart- ment; and shall, by resolution, fix the salary and compensation of each member of the force and provide for the payment thereof. The City Council shall also fix the amount of the bonds to be required from MINNEAPOLIS CITY CHARTER. 67 POLICE DEPARTMENT. each officer and the conditions thereof, and pass upon the same; and when so requested by the Mayor, shall determine the maximum num- ber of members to constitute said Police Force. SEC. 4. Before entering upon or exercising any official duty, each and every appointee under this act shall take, subscribe and file in the office of the City Clerk an oath that he will support the consti- tution of the United States and of the State of Minnesota, and faith- fully perform the duties of his office, under direction of the Mayor and Superintendent of Police; and shall also file a bond, in manner, form and amount, as prescribed by the City Council, with said City Clerk. CHAPTER VI. SEC. 3. The Mayor may at any time, at the request of any per- Special police son, firm, society or organization, or several thereof, appoint special policemen or watchmen, who shall serve without expense to the city and have police powers to preserve the peace and protect the prop- erty at such places and within such limits as may be designated in such appointment for the term therein mentioned; but such special police- men or watchmen shall not exercise any authority or wear any badge of office outside the limits so designated. Powers of. Oath. Bond SEC. 5. If any person shall, without authority, assume to act as a policeman, or pretend to have such power, or shall wear the badge of a policeman, or one intended to represent the same or similar there- to, without authority, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than fifty (50) dollars, and in default of the payment of the same may be imprisoned until such fine is paid, not exceeding sixty (60) days. SEC. 6. All acts and parts of acts, whether contained in the City Inconsistent Charter of the City of Minneapolis or in any special law of the acts re- State, inconsistent herewith, are hereby repealed. pealed. SEC. 7. This act shall take effect and be in force from and after Act to take its passage. effect Penalty for policeman acting as without authority. 68 MINNEAPOLIS CITY CHARTER. Council may prescribe fire limits. fire-proof buildings. Repair of wooden structures. Construction of chimneys, etc. Fire arms and explo- sive ma- terials. SECTION. Smoke- houses. 1. G 2. 3. 4. CHAPTER VII. FIRE DEPARTMENT. Fire Limits, Wooden Buildings in, when and how prohibited. City Council, Powers to Guard Against Fires, etc. Fire Apparatus, Houses, etc.- Fire Alarm Telegraph. Fire Department Rules.-Water Pressure during Fires.-Punish- ment of Offenders. 5. Chief Engineer, how Appointed.- Officers and Men. SECTION I. The City Council for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits. within which wooden buildings, or buildings of all other materials. that shall not be considered fire-proof, shall not be erected, placed or repaired, and to direct that all and any buildings within the limits pre- May require scribed, shall be made and constructed of fire-proof materials, or of such materials and with such precaution against fire as the City Coun- cil shall by ordinance prescribe, and to prohibit the repairing or re- building of wooden buildings within the fire limits when the same shall be damaged to the extent of fifty (50) per cent. or more of the value thereof, and to prescribe the manner of obtaining the consent. to make repairs in such fire limits, and of ascertaining the extent of damages. K SECTION. 6. Chief Engineer to Nominate Of- ficers and Men.-Removals, Dis- charges, etc. 7. 8. 9. Ashes, etc. SEC. 2. The City Council shall have power to prescribe in what manner, and of what material chimneys shall be constructed, and to prevent the dangerous construction and condition of chimneys, fire- places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building, and to cause the same to be removed or placed in secure condition when considered dangerous; to prevent the deposit of ashes in unsafe places, and the throwing of ashes in the smokestacks, streets and highways, to compel the use of spark-arresters in all smoke-stacks connected with apparatus where light fuel is consumed, to regulate and prevent the carrying on of manufactories dangerous. in causing and promoting fires, and the storing of inflammable or ex- plosive materials, and the use of fire-works and fire-arms. To regulate and prevent the sale, or keeping for sale or use of any fire-works, chinese crackers, rockets, torpedoes or other explosive contrivances, and to provide for the seizure and destruction of the same. Also to compel owners of buildings to have scuttles in roofs and stairs and ladders to the same and compel owners of buildings of three or more Fire escapes. stories in height to maintain ladders or fire-escapes, and to regulate the number and location thereof; to regulate the location and con- struction of smoke houses, and to prohibit them where they shall be leemed dangerous to other buildings, and to make any other pro- 10. 11. Fire Marshal, Duties, etc. Fire Police.-Duty of Regular Po- lice. Authority of Chief Engineer.- Punishment for Refusing to Obey. Expenses, from What Funds Paid. Wooden Sidewalks, to be Prohib- ited, when. MINNEAPOLIS CITY CHARTER. 69 FIRE DEPARTMENT. visions to guard against fire, or to prevent the spreading of fires, which the City Council may deem proper. houses and apparatus. SEC. 3. The City Council shall have power to keep and maintain Engine- fire engines and other fire apparatus, and to build and maintain engine houses, hose houses and such other buildings as may be necessary or convenient, also to erect and maintain fire-alarm telegraphs and boxes and every other means of giving notice of fires. CHAPTER VII. *Board of Water Commissioners abolished; see Special Laws of 1887, chapter 23, p. 466. See also chapter 9 of this Charter. ment rules. SEC. 4. The City Council shall have power and authority to make Fire depart- by ordinance all needful rules for the government of the fire depart- ment and for the protection and use of all engine houses, telegraph lines, and other property and apparatus pertaining thereto, and of the water works, mains, pipes, cisterns and hydrants in said city, as used in connection with said department, but the *Board of Water Commissioners shall have the right to determine the highest limit of pressure to be placed on the force used to force water through Water the said mains during a fire; and by such ordinance provide for the punishment of persons injuring or interfering with such property or Punishment any portion thereof, and may also by such ordinance make provision for interfer- to keep away from the vicinity of any fire all idlers and suspected per- sons, and to compel all bystanders to aid in the preservation of prop- erty exposed to danger by such fire. (As amended by Ch. 4, §2, Sp. L. 1885, p. 59.) pressure. ence, etc. SEC. 5. The City Council shall annually appoint a Chief Engi- neer of the Fire Department and provide by ordinance for such other officers and men as may be deemed necessary for such department, and define the respective ranks and duties of such Chief Engineer and other officers and men and their compensation. SEC. 6. The Chief Engineer shall nominate for the approval of the City Council, all other officers and men connected with such de- partment, and may at any time, by and with the consent of the Stand- ing Committee on Fire Department of the City Council, remove or discharge such officers or men as he may deem it for the interest of the city to discharge, and whenever the City Council shall deem it necessary to reduce the number of men employed, said Chief Engineer Reduction of shall, upon the direction of the City Council, recommend the dis- charge of such officers or men as can be released without impairing the working efficiency of such department. force. SEC. 7. The City Council may designate such officer of the Fire Fire marshal. Department as it may select to act as Fire Marshal of the city, to see that the ordinances of the city relating to the building and care of chimneys, and respecting all other precautions against danger from fire are not violated, and who shall have power and be fully authorized to enter any dwelling house or other building at all hours, between seven o'clock in the morning and six o'clock in the evening, and ex- amine all chimneys, stoves, furnaces, pipes and other parts of such buildings, and see that the ordinances of the city respecting the same. are enforced. It shall further be the duty of such Fire Marshal to Cause of examine particularly into the cause of every fire which shall happen within the city, and to make and keep a brief record of the same and fires, reports on. Appointment gineer, etc. of chief en- confir- Nomination main of other offi- cers, etc. Powers and duties. 70 MINNEAPOLIS CITY CHARTER. CHAPTER VII. Fire police. Regular police to as- sist, when. Refusal to obey orders. Expenses of fire department. Wooden side- walks. FIRE DEPARTMENT. make report thereof to the Council at the first regular meeting in every month. SEC. 10. All expenses of the Fire Department and all amounts paid for the purchase of fire apparatus or any property for the use of the Fire Department, or the erection of any telegraph, shall be paid out of the funds devoted to payment of current expenses of the city. The construction of engine houses or other buildings for the use for buildings. of such departments may be paid for out of the permanent improvement Payments fund of the city. SEC. 11. The City Council shall have power to prohibit the con- struction of wooden sidewalks within the fire limits of the city, when- ever it shall deem the safety of the city to require it. *SEC. 8. Whenever the City Council shall deem it necessary it may provide for a Fire Police of such numbers and with such powers as it may determine, and for that purpose it may either give police powers to such of the officers or men of the Fire Department as may be necessary, or authorize the appointment of the necessary Police- men in the same manner as other Policemen are appointed. In all cases, all Policemen present at any fire shall be subject to the direction of the officers of the Fire Department present at such fires. SEC. 9. If any person shall, at any fire, refuse to obey the orders. of the Chief Engineer of the Fire Department, or other officer vested with authority at such fires, such person may be arrested by the direc- tion of the officer whose orders are so disobeyed, and, upon complaint made before the Municipal Court of said city, shall be punished by fine not exceeding fifty dollars ($50) and costs of prosecution, and im- prisonment until such fine and costs are paid, not exceeding sixty (60) days. f *Entire authority as to appointment and control of the Police of the city vested in the Mayor. See chapter 6 of this Charter, p. 66. MINNEAPOLIS CITY CHARTER. 71 SECTION. 1. 2. 3. 4. 5. 6. 7. 8. 11. 12. 13. PUBLIC HIGHWAYS, BRIDGES, ETC. CHAPTER VIII. Streets, Alleys, Public Grounds, etc., control of.-Water courses, Bridges, Pavements, etc. Street Grades-Damages, Awards, Assessments-Limitations. 9. Mississippi River Bridges, and Certain Railway Bridges a Gen- eral City Charge-Other High- way Expenses Chargeable to Wards, when. 10. Opening New Streets-Construc- tion of Bridges, etc.-Purchase or condemnation of Private Property.-Special Assessments and Benefits.-Consent of Ceme- tery Owners. to Paving, Macadamizing, etc.-Spe- cial Assessments.-Ground Be- tween Railway Tracks. Sidewalks, Duty of Owners Build and Repair.-Counell may Build and Assess Expense. Street Commissioner to Repair Sidewalks.-Assessments for Re- pairs. Dangerous Sidewalks Removed. Vacation of Streets, etc.—Exclu- sive Powers. Cleaning of Streets by Contract. City Work by Contract, when- Days' Work.-Notice, if by con- tract, when. Street Commissioners, Appoint- ment and Duties. General Street Commissioner. Commissioners not to be Inter- ested in any Contract.-Gratui- ties, etc. Contracts Void, if any City Of- ficer Interested. Punishment for Bribery, when. — • SECTION. 14. Owner Responsible for Damages from Defective Sidewalks.-AC- tions, Joinder of Owner, Judg- ments, Executions. 15. Moneys for Sidewalks from Per- manent Improvement Fund, when. How Reimbursed.- Ward to Pay Damages, when. Grounds to be graded before Or- dering Sidewalk. 17. Sprinkling Streets, etc.-May be by Contract.-Water Free.- Special Assessments per Front Foot. 16. 18. Excavating or Obstructing Streets -Guards and Lights.-Damages for Accidents.-Actions, Joinder of Owners, Judgments, Execu- tions. 19. 20. 21. 22. 23. 24. 25. Service of Summons, when Own- er Non-Resident. Limitation of Actions for Injuries. -Notice to be Given.-When Action will not Lie. Railway Companies Not to Ob- struct Traveled Portion of Street.-Liability for Damages. City District Adjoining City May be Established.-Plats of Addi- tions in same. Subdivisions of Lots or Grounds to be Platted and Recorded.- Duties of Owners, City Officials and Register of Deeds. Acceptance of Plat to Create no Responsibility, when. Bids of Persons in Default to City Not to be Entertained, when. *SECTION 1. The City Council shall have the care, supervision and control of all *highways, streets, alleys, public squares and grounds within the limits of the city, and may lay out and open new streets and alleys, and extend, widen and straighten any that now exist, or which may hereafter exist; also for the purpose of drainage, con- struction of bridges, or making other necessary public improvements, or for the improvement of the health or sanitary condition of the Drainage, people of said city, to enter upon, lower, raise, change the course of or bridges, etc. *See also section 14 of Act Relating to Parks, this volume, p 190. Council to streets, etc. As amended by Ch. 2, Sec. 20, Sp. L. 1885, p. 49. 72 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. PUBLIC HIGHWAYS, BRIDGES, ETC. divert any stream of water (except the Mississippi river) or any ditch or drain within the limits of said city, and may build, maintain and repair bridges across streams or railway tracks, may provide for the pavement of gutters or the roadbeds of any street or alley. SEC. 2. The City Council shall have power to establish the grade of any street when such grade has not been established, and may by vote of two-thirds of the members of the Council change the grade of any street after such grade has been established. It shall cause ac- curate profiles of the grades of all streets to be made and kept in the office of the City Engineer. Provided, That when the grade of any street has been once estab- lished and any permanent building has been constructed on a lot abut- ting on such street after such grade has been so established, and the City Council shall so vote to change the grade of such street in front of such permanent building, the owner of such permanent building may file with the City Clerk, within twenty days after said City Council shall so vote to change the grade of any such street in front of any such permanent building, notice that he will claim damages by reason. of such change of grade in front of his said building, giving the description of the land on which the same stands, together with the amount of the value of such building, in his judgment, and the amount of the damages which such change of grade will, in his judgment, cause to said permanent building, which notice shall be sworn to, and shall be accompanied by the certificate of the Building Inspector of said city of the value, in his judgment, of such permanent building, and of the damages, which, in his judgment, such change of grade- will cause to said permanent building, and said Building Inspector shall examine said building and said change of grade, as so voted, and make said certificate on the request of such owner of such building. After the expiration of said twenty (20) days and within thirty (30) days after the expiration of said twenty (20) days, if said City Council shall, from the amount of damages claimed by such notices, deem it unwise to make such change of grade of such street, it may reconsider the vote by which such change of grade was made, which reconsider- ation of such vote shall be by a majority of all the members of said City Council. But if no such reconsideration of such vote shall be had within forty (40) days after the vote of said City Council so changing the grade of said street, where damages are so claimed, or if on such reconsideration two-thirds (2-3) of the members of the Council shall again vote for such change of grade, then after the expiration of six months after the work of so changing said grade shall have been fully completed, said City Council shall appoint five freeholders of said city, no two of whom shall reside in the same Commission- ward, as Commissioners, to view the premises and to ascertain and award the amount of damages and compensation to be paid to the owners of such permanent buildings who have so filed such sworn notices and certificates of such Building Inspector, and to assess the amount of such damages and compensation upon the lands, and prop- erty to be benefited by such improvement, and in proportion to the benefits to be received by each parcel and without regard to a cash ers to be appointed. Diversion of streams. Pavements. Street grades. Profiles of same. Change of grade. Added by Ch. 5, Sec. 1, Sp. L. 1885, p. 63. Property owners may claim damages. Certificate of building inspector. Council may reconsider action. Action on re- consideration Assessment of benefits. MINNEAPOLIS CITY CHARTER. 73 PUBLIC HIGHWAYS, BRIDGES, ETC. CHAPTER VIII. Award of how made. damages, notice. er's notice. valuation. It shall take at least four of said Commissioners to make any award of damages, and they shall be notified of their appointment, and vacancies in their number be filled in the same manner, and they shall take the same oath and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided Failure to in the case of Commissioners appointed under section three (3) of act. chapter ten (10) of the Charter of Minneapolis. They shall give Notice of notice by two publications in the official paper of said city that they meeting. will, on a day designated in such notice, which shall be at least ten days after the first publication of such notice, meet at a place desig- nated in said notice on or near the buildings which it is claimed shall Nature of have been damaged by such change in the grade of such street, and view the same, and ascertain and award therefor compensation and damages, and view the premises to be benefited by such improvement, and assess thereon, in proportion to benefits, the amount necessary to Commission- pay such compensation and damage, and that they will then and there hear such allegations and proofs as interested persons may offer. And such Commissioners shall meet and view the premises pursuant Meeting and to such notice, and may adjourn from time to time after having viewed adjournment the premises; may, for the hearing of evidence and the preparation of their award and assessment, adjourn or go to any other convenient place in said city, and may have the aid and advice of the City En- gineer and of any other officer of the city. After viewing the premises, and hearing the evidence offered, such Commissioners shall prepare and make a true and impartial appraisement and award of the com- pensation and damages to be paid to each person whose building shall have been damaged by such change of grade of such street. But if the remainder of the property on which said buildings stand, or the re- Rules gov- mainder of the lot or parcel connected therewith, shall be benefited by such change of grade of such street, then the Commissioners, in considering and awarding compensation and damages, shall also con- sider, estimate and offset the benefits which will accrue to the same owner in respect to the remainder of the same property, and award him only the excess of the compensation or damages over and above such benefits. These said Commissioners shall then assess the amount Assessment of such compensation and damages so awarded upon the land and real property benefited by such change of grade, and in proportion to such benefits, but in no case shall the amount of said assessment exceed the actual benefit to the lot or parcel of land, or other real property so assessed, deducting therefrom any damages or injuries to the same parcels which are less than such benefits, and assessing only the excess, Report to and prepare and report to the City Council their appraisement and city council. award, and if, in the judgment of said Commissioners, the whole amount of such compensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the specific property subject to assessment, they shall so indicate in their report, and shall state the amount of such excess. Said Commissioners Assessment shall also report to the City Council an assessment list containing their list. assessment of such compensation and damages, or so much thereof as shall not exceed the actual benefits to the property so assessed, which list shall contain a brief description of each tract or parcel of Nature of. erning same. of damages. City engineer to advise. Appraise- ment and award. 74 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. PUBLIC HIGHWAYS, BRIDGES, ETC. real property assessed, the name or names of the owner or owners thereof, if known, and the amount assessed, of the excess of such com- pensation and damages aforesaid, which they shall return unassessed. Said report shall be presented by said Commissioners to the City Clerk of said city, who shall give one notice in the official paper of said city that said report and assessment list will be presented to said City Council for confirmation at the next meeting or session of said Council occurring at least one week after the publication of such notice, at which meeting or at any subsequent meeting or session of said Council, the City Council may act upon such report and hear any complaint touching any such award or assessment, or it may refer the matter to a committee of the Council to hear such complaints and report thereon. The Council may confirm such award and assessment, or either, or send the same back to the same Commission for further consideration; and the Commissioners may in such case again, upon giving notice, pub- Rehearing by lished once in the official paper of said city, meet at any time and place commission- to be designated in said notice, which time shall be at least two weeks after the publication of such notice, meet and hear any further evi- dence that may be adduced by interested persons, and may adjourn from time to time, and may correct any mistakes in such award and assessments and alter and revise the same as they shall deem just and again report the same to the City Council, who may thereupon confirm or annul the same, or said City Council may appoint a new Commis- sion, with like powers, duties and obligations of the first Commission, to make such assessment and awards, and to report the same to said City Council in like manner that the first Commission might do, and when the report and assessment lists are finally confirmed by the City Council, such confirmation shall make such award and assessment final and conclusive upon all parties interested. And the City Council shall proceed, at the same time or any subsequent meeting, to levy such assessment upon the several parcels of land described in the assess- ment list reported by the Commissioners in accordance with the as- sessment so confirmed, and cause to be made, and adopt, an assessment roll of the same which may be in the form contained in section five (5) of chapter ten (10) of said Charter for opening streets in said city, or any other form which said City Council may adopt, and from which award and assessment as so confirmed by said City Council there shall be no appeal; and the City Clerk, under the instruction of the City Council, shall make and prepare all necessary forms necessary to carry out the provisions of this section. Provided, That no award shall be greater than the amount so claimed in the sworn notice so filed by any person with said City Clerk. And provided further, That the damages and compensation so to be awarded shall be the damages and compensation which shall be apparent at the end of said six (6) months after the final completion of the work of said change of grade of such street. (As amended by Ch. 5, §1, Sp. L. 1885, p. 63.) *SEC. 3. The City Council may also by a vote of two-thirds of the members thereof vacate any highway, street, lane or alley, or por- མ Clerk to give posed council notice of pro- action. Council may hear com- plaints, etc. May confirm or send back. ers. New commis. sion, when. Award and assessment final. Assessment to be levied. Assessment roll. City clerk to prepare forms. Limitation of award. Damages, etc., when computed. Vacation of streets, etc. *See section 8, Act Relating to Parks, this volume, for exception to exclusive power, apparently vested by this section. MINNEAPOLIS CITY CHARTER. 75 PUBLIC HIGHWAYS, BRIDGES, ETC. powers. tion of either and such power of vacating highways, streets, lanes Exclusive and alleys within the City of Minneapolis is vested *exclusively in said City Council, and no court or other body, or authority shall have any power to vacate any such highway, street, lane or alley, nor any plat or portion of any plat of lands within said city. SEC. 4. The City Council shall have power to designate districts ing. of portions of the streets and alleys of the city, for the purpose of cleaning the same, and may provide for the cleaning of such districts. by contract on such terms as shall be deemed advisable. CHAPTER VIII. +As amended by chapter 41, Special Laws, Ex. 1881, p. 91, and chapter 3, section 16, Special Laws, 1883, p. 76. Street clean- Work by con- SEC. 5. All work done or constructions made of any kind by the tract or day. said City of Minneapolis, may be done by contract awarded in such manner as the City Council of said city may deem advisable, or said City Council may, in its discretion, direct any such work or construc- Work by day, tion or any part thereof which it shall deem necessary to be made, to be done by days' work under the direction of the said City Council, or any officers of said city whom the said City Council may designate. when and how. Whenever said City Council shall determine to do any of said work or constructions by contract, if the amount of expenditure in- volved in said contract shall exceed the sum of one hundred dollars ($100), public notice shall be given and proposals invited for the (As same, in such manner as the said City Council shall direct. amended by Ch. 15, § 15, Sp. L. 1887, p. 451.) Street com- order work. SEC. 6. The City Council shall, at its first meeting, after each missioners. annual election, appoint one Street Commissioner for each ward of the Appointment city, whose term of office shall be for one year. It shall be the duty Duties of of such Street Commissioners to see that all streets and sidewalks under commission- their charge which have been graded and opened for travel are kept clear from obstruction and in such repair as to be safe and passable; also, to superintend, subject to the directions of the City Engineer or general Street Commissioner the grading of streets and laying of side- Council to walks, and to carry into effect all orders of the City Council. But no Street Commissioner shall do any work upon the streets except such as is necessary to keep traveled streets and improved sidewalks in repair and passable condition, and unless such work is especially or- Bi-monthly dered by the City Council. The Street Commissioners shall keep ac- reports. curate accounts of all their work and expenditures, and make detailed and itemized reports thereof to the City Council at least once in every two months, and oftener if ordered by the Council. And no bill for compensation to such Street Commissioner shall be allowed unless the same shall be accompanied or preceded with full and itemized re- ports of his work and expenditures up to the time of rendition of such bill. The several Street Commissioners of the city shall also act as Health Inspectors for said city, and shall have the same authority as police officers in enforcing the ordinances of said city for the security of public health, and shall act under the direction of the Health Officer and Board of Health of said city. Street com- missioners' approved. All work done by the Street Commissioners shall be subject to work, how the approval of the Aldermen of their respective wards and the City Engineer. Notice of proposals for work. contract ers. Detailed statements. health To act as inspectors. 76 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. General street com- missioner. Street com- missioners not to fur- nish ma- terials, etc. Nor accept gratuities. Contract void, when. Acceptance of bribes. Bridges over railways a city charge, when. Street im- provements a ward charge. Mississippi river bridges SEC. 9. All bridges in said city crossing the Mississippi river, a city charge. Or any natural stream or water course in said city tributary to said river, whatever the form or material used in the construction thereof, shall, together with the guards and embankments connected therewith, and the immediate approaches thereto which form a necessary part of the same, and also all such bridges crossing railway tracks, canals and the approaches thereto or any portions thereof as shall not be charge- able to any railway company, be built, maintained and kept in repair by the city, as a general city charge; all other expenses connected with the opening, grading and keeping in repair streets, lanes, alleys, high- ways and thoroughfares, shall be paid from taxation upon the several wards wherein such works shall be done, except where other provision is made therefor. Opening of streets, etc. Drainage. Diverting water courses. PUBLIC HIGHWAYS, BRIDGES, ETC. The City Council may also appoint one (1) General Street Com- missioner for the entire city, who shall receive and observe the instruc- tions of the City Engineer, superintend and have general charge of the work of the Street Commissioners of the several wards, and do all other things which the City Council may require of him to do. SEC. 7. No Street Commissioner shall be interested in any con- tract for any work to be done under his charge, nor be allowed com- pensation for any use of team, owned by himself or in which he shall have any interest, nor for any material or labor furnished by him ex- cept his personal services, nor shall he receive directly or indirectly any commission, gratuity, money, or valuable thing from any person doing work or furnishing material for any work or construction under the charge of such Street Commissioner or any other Street Commis- sioner or the City Engineer of the city. SEC. 8. If any City Engineer, Street Commissioner, or any other officer of the city shall have any interest in any contract work or con- struction done pursuant to this chapter, all such contracts shall be void, and all such work done, material furnished or applied for the use of the city, shall be forfeited, and every such City Engineer, Street Commissioner or other officer who shall accept any gift or gratuity, or any commission from any person having contracts with said city, or furnishing material or performing labor under the provisions of this chapter, which contract, material or labor shall be under the charge or supervision of such Engineer, Commissioner or other officer, or subject to acceptance by them, or either of them, shall be punished in the same manner as provided by law for the acceptance of bribes by public officers. SEC. 10. Whenever the City Council shall determine to lay out or open new streets or alleys in said city, or to widen, straighten or extend any that now exist or may hereafter exist, or for the purpose of drainage, construction of bridges or making other necessary public improvements, or for the improvement of the health or sanitary con- dition of the people of said city, shall determine to enter upon any tract of land and lower, raise, change the course of or divert any stream of water (except the Mississippi river), or any ditch or drain within the limits of said city, it may, for such purposes, purchase or condemn any real estate or interest therein which is private property, - and provide for the payment of the value of such property as may be MINNEAPOLIS CITY CHARTER. 77 PUBLIC HIGHWAYS, BRIDGES, ETC. ETC.* CHAPTER VIII. expenses. Asesssed on taken for such improvement, and all damages done to any private Damages and property by reason of such improvement, and the expense of making such improvement, where it consists in lowering, raising, diverting or changing the course of any stream of water, ditch or drain, by assess- ing, levying and collecting the whole expense of such improvement, or such parts thereof as may be considered equitable, upon the property property. to be benefited by such improvement, without regard to cash valu- ation; but no assessment for such improvement shall exceed the actual Assessment, benefit to the property upon which the same shall be assessed, and in case the whole extent of such improvement shall exceed the benefits accruing therefrom to any specific property, the excess of such expense shall be made a general city charge and be paid from the permanent improvement fund of the city. Nothing in this section shall be con- strued as permitting the condemnation of any ground of any ceme- tery or burial place and occupied for such purposes, without the consent of the owners of such ground. (As amended by Ch. 2, §21, Sp. L. 1885, p. 49.) how limited. Excess, how paid, Consent of cemetery Owners required. Pavements, council may order. SEC. II. The City Council is hereby authorized in its discretion to cause to be paved, repaved or macadamized any street or alley or any part thereof in the city, or any gutter along any side of any street or alley or any portion thereof, in such manner as it may direct, and to collect the expense and cost of the same by special assessment upon Special as- the property fronting upon such improvements on the same side of the sessments. street, but the expense of paving or otherwise improving the crossings of such streets and of such improvements as shall be in front of the property exempt from such assessment or belonging to the city shall be paid from the permanent improvement fund of the city. No as- sessment shall be made for paving or macadamizing any ground occupied by railway tracks or lying between such tracks. Street cross- exempt ings and property. Railway tracks. owners to Sidewalks, build and repair. order same. made. SEC. 12. It is hereby made the duty of all owners of land ad- joining any street, lane or alley in said city, to construct, reconstruct and maintain in good repair such sidewalks along the side of the street, lane or alley next to the lands of such owner respectively as may have been heretofore constructed, or as shall hereafter be constructed, or directed by the City Council to be built, and of such material and Council to width, and upon such place and grade as the City Council may by ordinance or otherwise prescribe. Whenever the City Council shall Order, how deem it necessary that any sidewalk in the City of Minneapolis shall be constructed or reconstructed, it shall by resolution direct such con- struction or reconstruction, specifying the width thereof and the material of which the same is to be constructed. The publication of Resolution to such resolution once in the official paper of the city shall be sufficient notice to the owners of the land along which such sidewalk is to be built, to construct the same, and unless such owners shall each along his respective land construct and fully complete such sidewalk within two weeks after the publication of such resolution as aforesaid, the City Council shall forthwith proceed to ascertain the expense of con- structing the same and assess and levy such expense upon and against each lot and parcel of land upon which such sidewalk shall front. Such Collection assessment shall be collected in the same way as in all things as is provided for the collection of special assessments under the provisions. be published. Sidewalk assessments. of sidewalk assessments. 78 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Street com- missioner to build sidewalks, when. Sidewalk repairs. Cost to be assessed. Removal of dangerous sidewalks. Liability of owners of defective sidewalks. Actions for damages by persons injured. Owners lia- ble to city. SEC. 14. It is not only made the duty of all owners of land within said city to keep in good repair all sidewalks constructed or existing along or abutting upon their respective lots and parcels of land, but such owners are hereby declared to be liable for all damages, to whom- soever resulting, arising from their fault or evident neglect in not keeping any such sidewalk in good repair, and in safe passable condi- tion; and no action shall be maintained against the City of Minne- apolis by any person injured through or by means of any defect in any sidewalk, unless the owner of the land along which said sidewalk was so defective is joined in said suit as a party defendant, and in case of judgment against the defendants in such action, execution shall at first issue only against the defendant owning such land, and the city Execution to shall not be required to take steps to pay such judgment, until such issue, how. execution shall be returned unsatisfied; and if said city shall pay such judgment it shall become the owner of the same, and may enforce payment of the same from the other defendant, and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take. Funds for sidewalks advanced, when. PUBLIC HIGHWAYS, BRIDGES, ETC. of chapter ten of this charter. And the City Council may either before or after making such assessment cause such portion of such sidewalks as have not been built by the owners of such lands fronting on the same, and all street crossings, to be built by the proper Street Com- missioner, or upon contract, or by any other person as the Council may determine. SEC. 13. If the owner of any lot or parcel of land shall suffer any sidewalk along the same to become broken, rotten, or out of repair, it shall be the duty of the proper Street Commissioner to immediately repair the same in a good substantial and thorough manner, and to report to the City Council the cost of such repairs in each case, and a description of the lot or parcel of land abutting which such repairs are made, and such report shall be carefully filed and preserved by the City Clerk; and the City Council shall once in each year, at or as near as conveniently may be, the time of levying the yearly city taxes, assess and levy upon each of the lots and parcels of land fronting or abutting upon sidewalks which have been so repaired by Street Commissioners the cost of making such repairs. In each case such assessments for all such repairs within the year may be combined in one assessment roll and be collected as provided for in chapter ten of this charter. In case any such sidewalk shall become so out of repair as to become dangerous, and cannot be made safe without being rebuilt, and there are no funds to defray the expense of such rebuilding, it shall be the duty of the proper Street Commissioner to remove the same entirely, and the expense of such removal shall be added to the cost of rebuild- ing when the same shall be reconstructed and collected with the assess- ment for such reconstruction. SEC. 15. Moneys to build or repair sidewalks, when the same shall be done by the Street Commissioner under this act or in case of building by a contractor, may be advanced from the permanent im- provement fund, to be reimbursed by the special assessment when col- lected, and the expense of constructing all street crossings of side- walks, shall be chargeable to the proper ward; and whenever any dam- MINNEAPOLIS CITY CHARTER. 79 · PUBLIC HIGHWAYS, BRIDGES, ETC. ward charge. ages for injuries to any person through or by means of defective side- Damages a walks shall be paid by the city, the money to pay the same shall be raised by taxation upon the ward wherein the injury happened. SEC. 16. It shall be the duty of the City Council before ordering the construction of any new sidewalk, to cause the ground on which it is built to be properly graded. CHAPTER VIII Ground to be graded be- fore side- walk is ordered. sprinkling. SEC. 17. The City Council shall have power to sprinkle the Street streets, avenues and public grounds of said city, or any part thereof, and may make contracts for so sprinkling the same by such streets, avenues, public grounds or districts of said city as it may deem best, for any time not to exceed three (3) years, on such terms and condi- itons and for such portions of each year as it may deem best. etc. Water for such sprinkling shall be furnished from the city water Water, how works free of charge. The supply of such water shall be deemed the furnished, proportion of the expenses for such sprinkling, for the street crossings and all parts of such streets fronting on land exempt from assessment. The whole cost of sprinkling such portion of the street shall be levied Assessments and assessed upon the lots and lands fronting upon that part of the street so sprinkled and which are subject to assessment, by an equal rate per front foot of said lots and lands. Such levy shall be made annually. (As amended by Ch. 2, §22, Sp. L. 1885, p. 50.) for sprink- ling. SEC. 19. Whenever any party is joined with said city as co- defendant in any action for the insufficiency of any street or sidewalk, and such party is not a resident of and cannot be found within the state, service of summons in such action may be made upon such defendant upon like evidence, and in the same manner as prescribed by general law for service by publication in other actions. *SEC. 20. No action shall be maintained against the City of Minneapolis on account of any injuries received by means of any de- fect in the condition of any bridge, street, sidewalk or thoroughfare, *See chapter 248, General Laws 1897, p. 459. SEC. 18. All persons who shall by means of any excavations in Obstruction or obstructions upon any street of said city not authorized by law or of streets. the ordinances of said city, render such street unsafe for travel, or who shall by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to maintain proper guards or lights thereat, render such street insufficient or unsafe for travel, shall be liable for all damages not caused by the negligence Liability for of the party injured, to whomsoever resulting, by reason of such ob- same. struction or negligence, and no action shall be maintained against said city for such damages unless such person or persons shall be joined as party defendants; and in case of judgment against the defendants in such action, execution shall at first issue only against the defendant Court causing such insufficiency, and the city shall not be required to take steps to pay such judgment until such execution shall be returned. unsatisfied, and if the city shall pay such judgment it shall become the owner of the same and may enforce payment of the same from the other defendant and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take. proceedings. Service of summons. Actions to be when. commenced, 80 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Notice of action, how and when. No action, when. Railways not to pile up snow, etc. Liability for damages. City district, how desig- nated. Plats of ad- ditions, streets, etc. To conform to city system. City districts continued. Subdivision of lots, etc. Council to accept or reject plats. PUBLIC HIGHWAYS, BRIDGES, ETC. unless such action shall be commenced within one year from the hap- pening of the injury, nor unless notice shall have first been given in writing to the Mayor of said city, or the City Clerk thereof, within thirty (30) days of the occurrence of such injury or damage, stating the place where and the time when such injury was received, and that the person so injured will claim damages of the city for such injury; but the notice shall not be required when the person injured shall in consequence thereof be bereft of reason. Nor shall any such action be maintained for any defect in any street, until the same shall have been graded; nor for any insufficiency of the ground where sidewalks are usually constructed, when no sidewalk is built. SEC. 21. No railway company or street railway company shall have any right, in clearing their tracks through any part of said city, or otherwise, to pile up snow or other material and leave the same piled upon any traveled portion of any street in said city. And any such company shall be liable to any person who shall be injured by means of any such obstruction caused by such company, or its servants, for all damages sustained. And in case any damages shall be recovered against the city for injuries caused by such obstruction, the city shall have the right to recover the same again from the company by whom the obstruction was caused. SEC. 22. The City Council shall have power to designate by ordi- nance or resolution such portions of the territory lying adjacent to or outside of the boundary lines of the city as it may deem proper as a city district, and may from time to time extend the limits of such district to include any territory not lying at a greater distance than three (3) miles at any point in direct line from the boundary line of said city, and within said district the City Council shall have control of the laying out of streets and alleys and the acceptance of plats of additions and the dedication of property for streets and public grounds therein, and may require that all streets and alleys laid out or donated within such district shall conform to and be continuous with the system of streets and alleys within said city, and to that end may indicate by survey and plat such streets, alleys, and the arrangement and dimensions thereof as in its discretion will be best calculated to meet the wants and con- veniences of said city and its surroundings or any future extension growth thereof. *The city districts heretofore established shall be continued until modified or extended by said City Council. SEC. 23. Whenever any person shall subdivide any lot or piece of ground within said city or city district he shall cause the same to be surveyed and platted in accordance with the provisions of chapter twenty-nine (29) of the general statutes of the State of Minnesota, and when the survey and plat are so completed and acknowledged, it shall be presented to the City Council. All plats presented to said City Council for acceptance and approval must be drawn in triplicate on such material and of such size as the City Council may direct by ordinance. Said City Council may accept or reject said plats, or direct them to be changed or modified in such manner as it shall deem ex- *See Resolution passed by City Council Sept. 26th, 1890, 16 C. P., 590. MINNEAPOLIS CITY CHARTER. 81 CHAPTER VIII. PUBLIC HIGHWAYS, BRIDGES, ETC. Record, pedient. Whenever any plat is accepted and approved by said Council the City Clerk shall so certify upon one (1) of said plats, which shall be the original plat to be recorded, and certify the other two (2) to be copies of the one accepted and approved by the said City Council. The original plat and one (1) of said copies shall be presented to the Reg- ister of Deeds of Hennepin county for record, and the other copy shall be filed in the office of the City Engineer. Whenever said plats shall be presented to the Register of Deeds for record, as provided by the how made. general statutes, the original plat so certified by the City Clerk as accepted and approved by the City Council shall be filed of record as the original plat; the other shall be certified by said Register of Deeds as a true and correct copy of the original plat. The plat filed as the orig- inal shall only be open to inspection in the presence of the Register of Deeds or one (1) of his deputies. The certified copy shall always be open to the inspection of the public during business hours. All the provisions of section nine (9), chapter twenty-nine (29), of general statutes, in respect to the manner of filing town plats, shall be applicable to said city or city districts; but said Register of Deeds shall exhibit to any person, free of cost, such original plat on request of any person. (Entire section as amended by Ch. 2, §23, Sp. L. 1885, p. 50.) in SEC. 24. The acceptance of such plat or addition of any ground Liability of either within or outside the limits of said city shall not make the city district. liable to grade the streets therein designated, nor responsible for any city not insufficiency of such street, until the City Council shall direct the same responsible, to be graded and opened for travel. when. Accepted recorded. plats to be Inspection of plats. General stat- utes to apply. SEC. 25. Neither the City Council nor any officer or board of said Contracts city shall entertain any bid from or let any contract to any person, firm atta or corporation who is in default to the City of Minneapolis or any de- persons in partment thereof, on any contract or bond, or in any other way, whether said bid or contract be for doing anything or furnishing any material, under this chapter or any other provision of said charter. (Added by Ch. 15, 85, Sp. L. 1887, p. 449.) 82 MINNEAPOLIS CITY CHARTER. Council to maintain water works and sewers. SECTION. 1. Water Works and Sewers-Exten- sions and Improvement. 2. Purchase of Private Property- Condemnation Proceedings. Water Mains, Hydrants, etc.-Spe- cial Assessments Re-assess- ments. 3. 4. 5. Street Sewers, Catch Basins, etc.- Special Assessments Street Sewer defined-Reassessments. Branch Sewers and Pipes-Special Assessments-Regulations as to Gas and Water Pipes, Electric Wires, etc.-Excavation Permits. 6. Drainage of Marshy Lands-Pro- ceedings in District Court-As- sessments and Benefits-Aban- donment-General Drainage Sys- 7. 8. CHAPTER IX. *WATERWORKS DEPARTMENT 9. ――― tem. Board of Water Commissioners- Salaries, Appointment, Terms, etc.-Certain Contracts Void. Powers and Duties-Appointed Of- ficers and Compensation. Superintendent-Secretary, Duties of-Orders, how Drawn-Bonds- Secretary and Assistant-Duties of City Comptroller. SECTION. 10. Stated and Special Meetings- Board Rules-Offices, Furniture, etc. Water Mains, Propositions to be Referred to board by City Coun- cil-Board to Direct Laying- Proceeds of Special Assess- ments-Comptroller to Counter- sign Contracts Board may Contract, when. 12. Pump-House Repairs, Council to Appropriate, when. 11. 13. 14. 15. 16. Water Works Fund-General Ex- penses Surplus, Assessment Funds. Water Rates-Rules and Regula- tions-Tapping of Mains-Revo- cation of Plumbers' Licenses- Free Water, when. Owners and Lessees Jointly Re- sponsible, when-Actions, How Brought-Ordinance Relative to Injuries, etc. Damage to Board Property-De- posit of Garbage in Water, etc., Punished by Fine or Imprison- ment-Jurisdiction. SECTION I. The City Council shall have power to maintain the water works and sewers now established in said city and to enlarge, extend and relay and improve the same; and shall require, before any street is paved, that the gas, water and sewer pipes be laid therein and connection made with the front line of each lot, and in all cases where any mains have been or are hereafter to be laid, whether the street on which the same are laid is to be paved or not, the Council shall re- quire connection with such mains to be made to the front line of each lot abutting thereon. In the business portions of the city the word *Section 1 of an act to repeal so much of the charter as created a Board of Water Commissioners (see chapter 23, Special Laws of 1887, p. 466), provides that so much of sections 7, 8, 9, 10, 11, 12, 13 and 14 of this chapter "as created a Board of Water Commissioners of the City of Minneapolis, is hereby repealed, and said Board is hereby discontinued and dissolved, and all property within its possession shall be at once turned over to the City Council of the City of Minne- apolis." Section 2 of said act reads: "All the rights, powers, duties and privileges here- tofore conferred upon or vested in said Board of Water Commissioners of the City of Minneapolis, by the charter of said city, are hereby conferred upon and vested in the City Council of said City of Minneapolis, and all contracts entered into by said Board, and now in force, shall remain valid contracts against said city, and said Council shall take the place of said Board of Water Commissioners in said contracts, and shall enforce and be responsible for the same in all respects as said Board would had it continued to exist; Provided, That the water works fund created and provided for by said sections above designated, shall continue and remain a separate fund of said city, but under the control of the City Council of said city, the same as it has heretofore been under the control of the said Board of Water Commissioners of said city." MINNEAPOLIS CITY CHARTER. 83 WATERWORKS DEPARTMENT. "lot" shall be construed to mean a subdivision of twenty-two (22) feet front. (As amended by Ch. 33, §16, Sp. L. 1889, p. 598.) CHAPTER IX. SEC. 2. Extension of water works Whenever in the enlargement or extension of water works or sewers, it shall in the judgment of the City Council be neces- and sewers. sary to take any private property, consisting either of land, buildings, water power, or other private property, the City Council shall have power to acquire the same by purchase, or by condemnation, in the Condemna- manner provided in chapter ten (10) of this Charter, and in such ings. cases of condemnation, as well as purchase, a full title in fee simple for the property acquired shall vest in said city. tion proceed- Provided, however, That in case of the purchase or condemna- tion of private property for laying sewers or water mains, where said City Council may deem it best only to obtain the right to lay and maintain said sewers or water mains over, across or through private property, said City Council may either purchase or condemn the right simply to lay, construct and maintain said water mains and sewers and the necessary appendages thereto, over, across or through any private property, giving to the owner thereof the right to the use of the surface of said land, except at such times and such places as said City Council, or the proper board, officer or department of the city government of the City of Minneapolis may find necessary to enter upon, dig into or disturb said surface, for the purpose of laying, re- City to enter laying, constructing, or reconstructing or repairing any such water mains or sewer pipe; and the deed of purchase in such case, or the judgment of the court in the case of condemnation, shall define the rights of said city, and its proper boards, officers, agents, or said City Council, as well as the land owner therein. upon same for repairs, etc. when surface Proceedings of land not required. Added by Ch. 15, Sec. 6, Sp. L. 1887, p. 449. Rights of parties to be defined. SEC. 3. Whenever water mains shall be laid, relaid or extended through any street or alley of said city, or any portion thereof, the City Council shall have the power, and it shall be its duty, to levy and collect by special assessment, such portion of the cost or expense thereof as shall not exceed the estimated cost of laying a six-inch main (including pipe hydrants, valves and all necessary specials), by a special assessment upon the property on both sides of such street or alley fronting upon such improvement, of an equal sum per front foot without regard to cash valuation. The cost not provided for by Increased such assessment, including the increased cost of larger mains, and cost. the cost of laying mains upon street crossings, as well as the propor- tion which would otherwise be assessed against any property which is by law exempt from such assessment, shall be paid out of the water How paid. works fund hereinafter provided for. Water main Or, instead of the plan above proposed, the City Council may, assessment- for all water mains laid, relaid or extended during any one (1) sea- I) sea- second plan. son, levy and collect an equal sum per front foot without regard to the cash valuation of such property, and without regard to the size of the mains, by a special assessment upon all the property not ex- empt, on both sides of all the streets and alleys in which such water mains shall be laid, relaid or extended, and abutting upon the same, which sum shall not exceed the sum of two dollars ($2) per lineal foot of such mains. The cost in excess of the sum above named and Increased the cost of such mains upon street crossings and against prop- cost. Water main. As amended by Ch. 3, Sec. 17, Sp. L. p. 76. Special as- first plan. 84 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Council to fix amount per foot. Second plan to be fol- lowed when. How changed Re-assess- ment for water mains. Assessments for sewers, Sewer as- sessments- first plan. Increased cost. Street sewer defined. Sewer as- sessments, second plan. Increased cost. ► Council to fix amount per foot. 1 WATERWORKS DEPARTMENT. erty which is by law exempt from such assessment, shall be paid out of the said water works fund. To authorize the following of this plan the City Council shall first determine what portion of the cost of such mains not exceeding the sum per lineal foot above named, is the just and fair proportion of such cost which should be borne by the abutting property, and shall by resolution name and fix the amount per lineal foot which it determines to be such just and fair proportion. Thereupon this shall be the plan to be followed, and the amount so named and fixed shall be and remain in all cases the portion of the cost of all such mains laid, relaid or extended in said city, which shall be levied upon, assessed against and collected of abutting property, until a different amount be by like resolution of the City Council named and fixed, or until the City Council by resolution determines to adopt and follow the other plan first above proposed. Provided, That in case of a re-assessment for any cause, the City Council may direct that the re-assessment be made upon either of the plans here proposed without regard to which plan was adopted in the first instance. SEC. 4. The City Council may in like manner, whenever it shall deem it necessary, lay, relay or extend any sewer, through any street in said city, and levy and assess, and collect the cost thereof, not ex- ceeding the estimated cost of a sewer two feet in diameter, including all necessary catch basins, manholes, lampholes, and flushing valves, by a special assessment upon the property on both sides of such street and abutting upon such improvement, of an equal sum per front foot without regard to a cash valuation. The cost not provided for by such assessment, including the increased cost of larger sewers and constructing the same across streets and against property which is by law exempt from such assessment, shall be paid out of the permanent improvement fund of said city. A sewer two feet in diameter is hereby declared to be an ordinary street sewer within the meaning of this act, for the drainage of abutting property. - *Or, instead of the plan above proposed, the City Council may for all sewers constructed, laid, relaid or extended, during any one (1) season, levy and collect an equal sum per front foot, without re- gard to cash valuation of such property, and without regard to the size of the sewers, by special assessment upon all the property not ex- empt, on both sides of all the streets along which such sewers shall be constructed, laid, relaid or extended, and abutting upon the same, which sum shall not exceed the sum of four dollars ($4) per lineal foot of such sewers. The cost in excess of said sum and the cost of such sewers upon street crossings and against property which is by law exempt from such assessment, shall be paid out of the internal improvement fund of said city. To authorize the following of this plan the City Council shall first determine what portion of the cost of such sewers, not exceed- ing the sum per lineal foot above named, is the just and fair propor- tion of such cost which should be borne by the abutting property, and shall by resolution name and fix the amount per lineal foot which *See State vs. Pillsbury, 82 Minn. 359. MINNEAPOLIS CITY CHARTER. 85 WATERWORKS DEPARTMENT. • it determines to be such just and fair proportion. Thereupon this shall be the plan to be followed, and the amount so named and fixed shall be and remain, in all cases, the portion of the cost of all sewers constructed, laid, relaid or extended in said city, which shall be levied upon, assessed against and collected of abutting property until a dif- ferent amount be by like resolution of the City Council named and How changed. fixed, or until the City Council by resolution determines to adopt and follow the other plan first above proposed. Provided, That in case Re-assess- of a re-assessment for any cause, the City Council may direct that the re-assessment be made upon either of the plans here proposed without regard to which plan was adopted in the first instance. (As amended by Ch. 3, §18, Sp. L. 1883, p. 76.) ments for sewers. Jegy } CHAPTER IX. Second plan lowed, when. to be fol- - Branch pipes and sewers. SEC. 5. The City Council may at all times regulate and control the time and manner of laying and constructing, by private parties, branch pipes and sewers leading from main lines of water mains and sewers, and of making connections with main lines and with branch lines both public and private. structed. Assessments pipes, etc. The City Council may, too, whenever it shall deem it necessary to lay or construct branch pipes or sewers in order to prevent future tearing up of streets or for any other reason, determine in the case of each main line, or of any specified portion of a main line, the location, number and manner of construction, of such branch lines, providing How con- in its discretion, one (1) or more for each distinct lot or parcel of land, or one (1) for two (2) or more adjacent lots or parcels of land -may require the proper officer to make surveys, plats and profiles showing the same, which when approved and adopted, shall there- after be preserved in the office of the City Engineer, and may there- When con- upon whether such main line has already been constructed or is in structed. process of construction, forthwith lay and construct all such branch pipes and sewers not already constructed by the private parties in- terested, from a connection with the main line to the line of the street. Whenever the City Council constructs one or more such branch pipes or sewers it shall assess the whole cost of each upon the lot or for branch parcel of land to which it runs without regard to the valuation or frontage of such lot or parcel of land, but in case one (1) branch is to serve two (2) or more lots or parcels of land, it shall assess the whole cost of the same upon all the lots or parcels of land to be served by it, an equal sum per front foot without regard to valuation. The cost of such branches may be assessed and collected in advance of their construction as in case of other improvements, in which case the cost shall be estimated and fixed in manner substantially like the way pointed out by section eight (8), chapter ten (10) hereof, for the improvements therein specified, with such variances in the mat- ters to be reported, and in the other details as shall be suggested by the different character of the improvement; or such branches may be Assessments determined upon and forthwith constructed without prior estimate pipes, etc. or other proceedings, in which case the actual cost of construction, certified to by the City Engineer and approved by the City Council shall be assessed, after the completion of the same, against the pri- vate property as above specified. In either case the assessment shall be made and collected substantially as provided in case of other im- for branch As amended by Ch. 3. Sec. 20, Sp. L. 1883, p. 77. Council may order same. Cost may be advance. collected in 86 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Assessments, how col- lected. Branch pipes and sewers in areas, when. Regulations and permits. Hydrants. Drainage of marshes, etc. Proceedings against owners. Joinder of parties defendant. SEC. 6. Whenever any sewer of said city shall be extended to or in the vicinity of any tract of wet or marshy land either within or without the limits of said city, and the City Council shall consider that the public health of the city demands the drainage of such wet or marshy land and the extension of such sewer to or into such land and beyond the lines of the streets of the city, the City Council may by resolution therefor direct the commencement of proceedings against the owner or owners of such wet or marshy land, and thereupon said city shall have the right to maintain in the District Court of the county. of Hennepin, or in any other court of competent jurisdiction, ant action against such owner or owners to compel a contribution from Contribution them, to defray the expense of extending such sewer to or into such to defray expenses. lands, and the additional expense, if any such may be caused by the necessity of enlarging the sewers through the streets of the city from such tract of land to the outlet of such sewer. In such action the court shall have power to direct the joining of other parties to such action as defendants, in such manner as it shall adjudge equitable, and shall make awards of such sum or sums of contribution to the expense of such sewer as it shall deem just and in proportion to the benefit to each specific parcel of such wet or marshy land as shall be affected by such sewer, but in no case to exceed the amount of benefit it shall adjudge to accrue to each of such specific parcels by reason of such extension of such sewer. Contribution not to exceed benefit. City to have judgment on award. Council may abandon proceedings. WATERWORKS DEPARTMENT. provements. The City Council may, however, in case it constructs. any branch at the time it constructs the main line, assess in the man- ner above named the whole cost thereof, and add the same to, and include it with the assessment for the main line. The City Council may, subject to such terms, and under such regulations as it may fix, require all persons using an area or any space within the lines of any street, to permit to be laid within such area or space all necessary branch pipes both water and gas, and branch sewers to a connection with other branches, and also to be laid therein inclosed in tubes or otherwise sufficiently protected, any and all electric and other wires it may at any time require laid be- neath the surface of the street. And in the future no permits for the excavation or use of any area or space within the lines of a street shall be given except upon condition that it may be used by others in the manner and for the purposes above named; and to place therein any hydrant or other part of the water works of said city. (Added by Ch. 4, 83, Sp. L. 1885, p. 59.) Such award shall stand as the determination of such court, and said city shall upon the completion of such work have judgment and execution for the several sums so awarded, which judgment shall be a specific lien upon each of the parcels of the land upon which such award shall be made, which lien shall have priority over every other lien or charge upon such parcel, and such judgment may be enforced only against such specific property. If upon the making of such award by said court the City Council shall consider the whole expense of such improvement above the amount of such award, to be an excessive burden on the city, it may abandon the proceedings by paying the taxable costs in such action, or it may determine to pro- MINNEAPOLIS CITY CHARTER. 87 WATERWORKS DEPARTMENT. ceed with part of such work and abandon the remainder thereof, in its discretion, or it may, in its discretion, delay the performance of the work, not exceeding three years CHAPTER IX. Cost to be And whenever the City Council shall determine that any wet or marshy district in said city needs to be drained, for the public health of the city or for other public benefit, then the said City Council may cause to be devised and carried into construction and effect a systern of drainage for such wet and marshy district, by sewers or covered drains made of wood, stone, brick, or other material, or partly of one (1) material and partly of other materials, as said City Council shall determine; or by open ditches or canals, where the same will best effect said drainage; or partly of sewers or covered drains, and partly of open ditches or canals. And said City Council may cause the cost of such system of sewers, covered drains, ditches, or canals to assessed. be paid by special assessments, to be made upon all the real prop- erty within such wet or marshy district, including any high land within or adjoining the same which shall be benefited by said system of drainage, on the assessed value of each parcel of real property so benefited. Said system of drainage for any such wet or marshy dis- Drainage of trict may be constructed at one (1) time or during one (1) year, or at different times in different years, and in different parts or sections. And in case different parts of any such system of drainage shall be constructed during different years, said City Council shall first (1), as near as practicable, cause to be constructed the principal or main sewers, covered drains, ditches, or canals, and afterwards branch or lateral sewers, covered drains, ditches, or canals; and in levying the special assessment for the cost of such system, or any portion thereof, it shall levy the special assessment for the principal or main sewer, covered drains, ditches, or canals, and also the cost of the branch or lateral sewers, covered drains, ditches, or canals belonging to the same system of said drainage upon all the real property so to be benefited of benefits. by such system, whether the same shall be constructed in one (1) year, or whether parts of said system shall be constructed in different years. marshes. Assessment *Water Board Abolished. See note on page 82. this volume. Drainage of marshes. Added by Ch. 2, Sec. 24, Sp. L. 1885, p. 51. Sewers and covered drains. Order of construction. *SEC. 7. There is hereby established in and for the City of Min- neapolis a Board which shall be styled the Board of Water Commis- sioners of the City of Minneapolis. Said Board shall consist of the Mayor of said city, who shall be ex-officio a member and the President thereof, and four other members who shall be resident and qualified electors of said city, who shall be appointed by the Mayor, subject to confirmation by the City Council, at the time of appointment of other city officers in April of each year. In case of the absence of the Acting President, or his inability to act, then the President of the City Coun- president. cil or Acting Mayor shall be ex-officio a member of the Board of As amended Water Commissioners, but shall have power only to sign warrants, Sec. 4, contracts and papers pertaining to the business of the said Board, Sp. L. 1885, and to call special meetings of said Board, as in this act provided, and to perform such other executive acts as may be authorized by said Board. In April, of the year 1881, the Mayor shall appoint as afore- said four Water Commissioners; one for the term of one year, one of commis- by Ch. 4, p. 59. Appointment sioners. Board of water com- missioners. 88 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Water board vacancies. Compensa- tion, etc. Meetings and quorums. Added by Chap. 5, Sec. 8, Sp. L. 1887, p. 450. Powers of board. To make all contracts, etc. Engineer, superinten- dent,etc. Compensa- tion of employes. Limitation. Superintend- ent may be secretary. As amended by Ch. 4, Sec. 6, Sp. L. 1885, p. 60. WATERWORKS DEPARTMENT. for the term of two years, one for the term of three years, and one for the term of four years, and thereafter at the same time in every year, the Mayor shall so appoint one Water Commissioner for the term of four years. In case of vacancy in the office of Water Com- missioner from any cause the Mayor shall in the same manner ap- point a Water Commissioner for the unexpired term. No Water Com- missioner shall be interested directly or indirectly in any contract en- tered into by said Board of Water Commissioners, and any contract entered into by said Water Commissioners in violation of this pro- vision shall be absolutely null, void and of no effect. Each Water Com- missioner shall be entitled to receive from the city an annual salary of five hundred dollars ($500), to be audited and paid like the salaries of Aldermen. (As amended by Ch. 7, Sp. L. 1883, p. 98, and Ch. 4, §4, Sp. L. 1885, p. 59.) If at any regular, adjourned or special meeting of said Board where there is not a quorum of the members of said Board present, a less number of said members than a quorum shall have the power to adjourn from time to time; but when they shall so adjourn they shall cause the Secretary or other officer to give notice to the other members of said Board of such adjourned meeting. SEC. 8. Said Board of Water Commissioners shall have the charge of the construction, maintenance, repair and management of everything pertaining to the water works of said city, and of all new constructions, additions and alterations, whether of pump houses, mains, hydrants, or other constructions, appliances or machinery connected with said water works, and shall have the supervision and direction of the working and operation of the same; and shall, in the name of and behalf of said city, make and execute all contracts for the construc- tion, alteration and repair of pump houses and of all machinery and appliances connected therewith, and for the laying, relaying and con- struction of water mains and putting in of hydrants and other appli- ances connected therewith; and for the purchase of all material neces- sary to be used about said water works, and all extensions thereof, and have the charge, care and supervision of the execution of all such contracts. Said board shall also have the right to appoint the Engineer of the water works, and Superintendent of the water works, a Secretary and an Assistant Secretary, and employ such other per- sons as in the judgment of said Board may be necessary for the suc- cessful operation and management of said water works, and to desig- nate and fix the compensation of the persons so to be appointed or employed by said Board, and may remove such persons at its pleasure; Provided, That such compensation shall not exceed the limits fixed by this act, which compensation shall cease when any such Engineer, Superintendent, Secretary, Assistant Secretary or other employe shall be so removed by said Board. (As amended by Ch. 4, 85, Sp. L. 1885, pp. 59, 60.) SEC. 9. The Superintendent of Water Works appointed by said. Board may also be the Secretary of the said Board, and shall give such bond to the City of Minneapolis as the said Board shall direct and approve for the faithful performance of his duties and the prompt payment by him to the City Treasurer of all moneys which shall MINNEAPOLIS CITY CHARTER. 89 WATERWORKS DEPARTMENT. CHAPTER If said Board shall at any time appoint a Secretary other than the Superintendent of Water Works, then said Board shall require a like bond of said Secretary, and said Board shall, in that case, have a right to define the respective duties of said Superintendent and said Secretary. And said Board of Water Commissioners shall have the further power to appoint an Assistant Secretary, who shall act as Secretary of the Board of Water Commissioners in the absence or inability of the Superintendent or Secretary to act; and may at any time, when necessary, appoint an Assistant Superintendent of Water Works to act in the place of the Superintendent of Water Works in his absence or inability to act. secretary. Duties of su- come into his hands as such Superintendent. He shall keep full Duties of records of all the proceedings of said Board and all contracts by it entered into, and full accounts of all moneys expended by said Board, and of all moneys collected from water rents or received into the treasury from any source to the credit of the water works fund. All moneys payable for water rents shall be collected and received by perintendent. said Superintendent, who shall receipt therefor, and promptly pay the same over to the City Treasurer, taking his receipt therefor and re- porting the same to the City Comptroller. All such moneys, together Water works with all moneys which may accrue from any bonds issued by said fund. city for water works purposes, and moneys which may be appropriated by the City Council for like purposes, shall by the City Treasurer be kept in a separate fund called the water works fund, and shall only be paid out upon orders signed by the President of said Board, in case of his absence or inability to act then by the President of the Orders, how City Council or Acting Mayor and said Superintendent of Water Works, and countersigned by the Comptroller of said city, or in pay- ment of bonds of said city or coupons thereof, in cases where such bonds have been or may be issued on account of or for the construc- tion, alteration or extension of such water works, all of which bonds and coupons may be paid from said water works fund. drawn. Bonds of etc. appointees, Ch. 4, Sec. Added by 6, Sp. L. 1885, p. 60. secretary. Assistant Duties of city comp- troller. The City Comptroller shall keep regular books of account of the Board, in which he shall enter all indebtedness of said Board, and which shall at all times show the precise financial condition of said. Board, the amount of bonds, orders or other evidence of indebtedness outstanding, and the redemption of the same when redeemed; and he shall countersign all bonds, orders or other evidences of indebtedness of said Board, and keep an exact account thereof, showing to whom and for what purpose issued, and the amount of each and all moneys received or paid out by the City Treasurer on account of said Board. All claims allowed by the Board shall before they are paid be audited Claims to be by the Comptroller. audited. Added by 11, Sp. L. Ch. 4, Sec. 1885, p. 61. Bond record. Meetings of SEC. 10. The said Board shall hold stated meetings at such times as it shall by by-law, resolution or otherwise appoint, and board. special meetings thereof may be called by the President of said Board, or in his absence or inability to act then by the President of the City Council or Acting Mayor; And on the written request of any two members of said Board, other than the President thereof, to call a special meeting of said Board, then said President, or in his absence Special or inability to act, then the President of the City Council or Acting meetings. 90 MINNEAPOLIS CITY CHARTER. A CHAPTER IX. Notice. Mayor, shall call such special meetings of said Board, which special meeting shall be called upon two days' notice thereof either served personally upon the members of said Board or addressed to such members respectively and deposited in the post office in said City of Minneapolis; and any business of said Board may be transacted at any stated or special meeting. The Board may in its discretion adopt amendments. such rules to govern its deliberations and the manner of transacting its Rules and business as it shall determine upon, which rules shall not be changed, except upon notice given at least one week before the proposed change shall be proposed to said Board, and which change of said rules shall not be adopted for at least one week after they are so proposed to said Board, and three members of said Board shall constitute a quorum for the transaction of business. And any special meeting of said Board which may be organized when all members of said Board shall be present and participate, shall be legal, though no notice of such special meeting was given. It shall be the duty of the City Council of said city to provide and furnish with suitable desks, furniture and fixtures, a suitable room for the meeting of said Board and office of said Superintendent of Water Works, either in or conveniently near the city hall building of said city. Meetings legalized. Office furni- ture, etc. When board may provide same. Water mains. Council to order. SEC. II. The said Board shall have the right to determine and direct as to the size and quality of all water mains which shall be laid in said city. And all petitions or propositions for laying of water mains which shall come before the City Council shall be by it re- ferred to said Board, who shall report thereon to the Council, desig- nating the size of main to be laid, in case the laying of main shall be ordered, with such other recommendations as to the said Board may seem proper. And whenever the laying of mains shall be ordered by the City Council the said Board shall at once contract for or cause the same to be laid, provided there are sufficient funds pertaining to said water works fund that can be used for that purpose; and at any rate so soon as the special assessment levied upon abutting prop- Water mains erty for the laying of such main shall have been collected. All such Board to contract. in advance of collections WATERWORKS DEPARTMENT. Comptroller. to counter- sign con- tracts. If said City Council shall fail to so provide and furnish suitable desks, furniture and fixtures, and suitable room for the meeting of said Board and office of said Superintendent of Water Works, then said Board may so provide and furnish with suitable desks, furniture and fixtures a suitable room for the meeting of said Board and office of said Superintendent of Water Works conveniently near the city hall building of said city. (As amended by Ch. 4, 87, Sp. L. 1885, p. 60.) special assessments shall, when and as fast as collected, be credited to said water works fund, and said Board may proceed to lay mains. in advance of the collection of the special assessments therefor, when- ever there shall be sufficient moneys in said fund in excess of other necessary or estimated demands thereon to enable advances to be made from such fund. But no contract negotiated by said Board shall be binding upon said city until the same shall be countersigned by the Comptroller, subject to the same rules respecting the possession of funds to meet such contracts as in case of other contracts entered into on behalf of said city; but said Board of Water Commissioners shall have the right to make contracts for anything pertaining to said water MINNEAPOLIS CITY CHARTER. 91 ! WATERWORKS DEPARTMENT. CHAPTER IX. works of said city in anticipation of the sales of any bonds which Contracts said city shall have been authorized to sell, the avails of which are re- quired by the act of the Legislature authorizing the sale of said bonds to be set apart to the credit of the water works fund of said city. (As amended by Ch. 4, 88, Sp. L. 1885, p. 60.) ime SEC. 12. If it shall happen at any time, that in the judgment of Pump-house said Board it shall be necessary to make repairs, additions or altera- repairs. tions in any pump house or machinery or water main, when there shall not be sufficient moneys, in said water works fund to defray the costs thereof, said Board shall report the facts to the City Coun- cil, who may thereupon, if said Council shall deem proper, appro- priate from the general fund of said city, to said water works fund, sufficient moneys to ensure such repairs. SEC. 13. All expenses of keeping up and operating said water Expense of works, and of constructing, enlarging, altering and keeping in re- pump-house, pair pump houses, machinery, hydrants, and laying of water mains, and everything connected with said water works, shall, except so far as the cost of laying water mains, be raised by special assessments upon abutting property, be paid from said water works fund, and any ex- cess of such special assessments shall belong to said water works fund. assessments. Excess of To make regulations. SEC. 14. It shall be the duty of said Board to fix, from time to time, the rates to be paid by the owner, lessee or occupant, for each house, building or place, or any part of the same, in or at which water from said water works may be used, upon such basis as they may deem equitable and the time when the same shall be payable, which rates shall become and be the rates so to be charged for the rent or use of water used in said city, unless the same shall, as to any rate so fixed by said Board, be increased or decreased by the City Council, when the rate so increased or decreased shall become the rate to be so charged. And said Board shall have the power to make and en- force such rules and regulations as may be necessary to carry into rules and effect the object and intent of this act, and to protect the property, interest and rights of said water works of said city; and may make all necessary rules and regulations concerning the tapping of any mains or branches, or making connection therewith, by any private. parties or licensed plumbers. Which right to make such rules and regulations shall include the right to report to the City Coun- cil of said city the name of any licensed plumber, licensed by said city, who has disregarded said rules and regulations regarding the tapping Revocation of any said mains or branches, or making connections therewith, with of plumbers' a request to said City Council that the license of said plumber shall be revoked; whereupon said City Council shall revoke the license of said plumber; and may also include the right to make rules for the shutting off of water from any premises where rates are payable and remain unpaid; and said Board shall have the right to furnish water water. free to any charitable or public building, association or institution. (As amended by Ch. 4, 89, Sp. L. 1885, p. 61.) licenses. Shutting off SEC. 15. The owner of private property which property has upon owners of it pipes connected with the city water works to convey water upon property such property, shall, as well as the lessee or occupant of the premises, for rents. be liable to the City of Minneapolis for the rents or rates of all water when no funds. From gen- eran eral fund, etc. Water rates. 92 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Punishment for injury, etc. Wilful damage to water works or property. Placing garbage in water. etc. SEC. 17. Any person who shall, without authority from said Board of Water Commissioners or the City Council, willfully break, remove or in any way injure or damage any main, branch water pipes, intake pipes, aqueduct, dam, bulkhead, gate, gate house, conduit, air vent, air box, air box cover, mainpipe or cover, hydrant, or any part of the machinery or property of the water works of said city; or who shall fill up or partially fill up any excavation, or raise or open any gate, break down or force open any doors of said works, or who shall per- Boring pipes, forate or bore, or caused to be perforated or bored, any main, dis- tributing pipe, branch pipe, aqueduct or pipes, or cause to be made any connections or communication with any such main, distributing pipe, branch pipe, aqueduct or pipes, or who shall put into or cause to be put into or permit or cause to run into Bassett's creek or the Miss- issippi river anywhere in the city limits of said city above the falls of St. Anthony, or the Mississippi river within three (3) miles above the north line of said city, or into any reservoir, pipe, main, aqueduct, intake pipe, vat or other place for collecting water for said water works, any garbage, foul or unhealthy stuff, manure, privy vault de- posit, or carcass of any dead animal, or to do any act to pollute the water in said Bassett's creek or said river, at the above named places, on conviction thereof shall be punished by imprisonment of not more. than ninety (90) days, or by a fine of not more than one hundred (100) Jurisdiction. dollars, or by both such fine and imprisonment. The Municipal Court of said city shall have jurisdiction of all offenses under this act. This section shall not apply to any sewers heretofore constructed by said sewers, when city or private individuals to empty into the said river. (Added by Ch. 4, $12, Sp. L. 1885, p. 61.) Penalty. Not to apply to private WATERWORKS DEPARTMENT. from said water works used upon such premises; which may be re- covered in an action against such owner, lessee or occupant, or against any or all of them. The City Council may provide by ordinance for the punishment of all injuries to or unauthorized interference with. said water works or anything connected therewith. (As amended by Ch. 4, §10, Sp. L. 1885, p. 61.) MINNEAPOLIS CITY CHARTER. 93 SECTION. 1. 3. 4. Public Buildings, Water Works, etc.-Acquisition of Grounds and Water.—Council to Appoint Committee.-Duties of Commit- tee and City Engineer. 2. Report of Committee.-City Clerk to Publish Notice of Presenta- tion. When acted upon. Commissioners, when and how Appointed.-Failure to Act, Pen- alty.-Duties of Commissioners. -Council May Confirm or An- nul Award.-Re-hearing, when. 5. 6. 9. 10. 12. CHAPTER X. 7. Improvements May be Abandoned, When and How. 8. City Engineer to Estimate Cost of Pavements, Gutters, Water- Mains, Sewers, etc.-Estimate, How Made.-Interested Persons to be heard.-Duties of Engi- neer and Council.-Assessments and Form of Assessment Roll. Assessments on Corner Lots.- Discretion of Council. Construction of Sidewalks.-Pro- ceedings and Assessment Roll. 11. Repairing Sidewalks.-Form of Assessment Roll. Sprinkling Streets.-Form of As- sessment Roll. Proceedings When Part of Award Annulled by Court.-Commis- sioners, Award, etc. 13. LOCAL IMPROVEMENTS: Confirmation Final.-Exception. Sufficient Condemnation Defined. -Payment of Awards-Aban- doned if not Paid in One Year. Indemnity Bonds.-Deposits in District Court.-Vesting Title.- Provisions of Section Applicable to Entire Chapter. Streets and Alleys.-Openings and Improvements.-Water Courses. -When City Engineer to Make Plats, Surveys and Estimates.- Commissioners and Duties.-AC- tion of Council.-Public Notice Requir e d.-Confirmation of Awards and Assessments.-Levy of Assessment.-Form of As- sessment Roll. Dissatisfied Property Owners to File Objections Before Confirm- ation.-Appeals to District Court and Proceedings Thereon. ASSESSMENTS, etc. SECTION. 14. Void, Irregular and Defective As- sessments.-Re-assessments. Assessment Rolls, How Recorded. -Duties of City Clerk and County Auditor.-Proceeds Paid to City Treasurer.-Cancella- tion.-Certificates in Lieu of Money, when.-Council May Re- fund, when.-Moneys Advanced for Improvements, How Ap- plied. Omissions, Informality, etc., in Proceedings not to Affect Va- lidity, when.-Assessment Roll and Record Competent Evi- dence. Variance as to Forms Immaterial. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Proceedings when Special Assess- ment, Invalid. New Assess- ments and Note Thereon. Special Assessments not Invalid Because Amount More or Less. -Balances, How Appropriated. -Abbreviations, etc., Recog- 27. nized. Two-thirds of Entire Council Re- quired to Make Improvement.— Exception. Improvements may be Made by Contract or by City.-Assess- ments May be Deferred until Contract Let. Assessment Lien Not Affected by Mortgage Foreclosure. 26. Improvements Requiring Special Assessments, When Ordered. Council May Determine When to Proceed with Improvement. Money Collected Before Improve- ment to be Reserved. Assessments Payable to City Treasurer, when.-Interest De- ducted. Assessments Heretofore Made Not Affected. County Auditor to Divide Assess- ments into Five Equal Parts- Owners may Pay all One Year, or with Interest in Yearly In- stallments-To Apply to Assess- ments of 1886.-Duties of City Council, City Engineer, etc.- Consent of Parties Defined.- Surplus Refunded, how. 94 MINNEAPOLIS CITY CHARTER. Chapter X. Grounds for public im- provements. Water priv- ileges. As amended by Ch. 4, Sec. 13, Sp. L. 1885, p. 62. Intake pipes. Committee on location of lands, etc. Committee on location of water works, etc. Report of committee. SECTION. City clerk to give notice of action on report. 29. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. 28. Permanent Improvement Revolv- ing Fund.-Duties of Board of Sinking Fund Commissioners.- Fund Not to be Diverted. Council to Issue Bonds for Per- manent Improvement Revolving Fund.-Conditions and Restric- tions. Proceeds, How Used.- Limitation. SECTION I. Whenever the City Council shall consider it neces- sary to procure grounds for any public grounds, engine-houses, mar- kets, or public buildings, or for water works, or any water-power for water works, or the right to take from any dam or pond, reservoir or other part or portion of the waters of the Mississippi river, whether the same be private or public property or rights, any and all water necessary or convenient for the purpose of being forced through the conduits, aqueducts, mains, pipes or branch pipes in the City of Min- neapolis, or through any part thereof, for the benefit and use of the inhabitants and people residing at or being in the City of Minneapolis, and for the use of said city; or the right to lay intake pipes from any pump station in the City of Minneapolis belonging to said water works, through any mill dam, mill pond, whether above, through or below water, or through the bed or bottom of any such mill dam or mill pond, or through any private real estate, whether the same be water or land, or interests in any water power or water reservoir, and to land and maintain said intake pipe or pipes, and to construct the necessary cribs and other protections of every kind necessary to lay Cribs in Mis- or to protect any such intake pipe or pipes, anywhere in the Mississippi sissippi river. ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ SECTION. Court Proceedings where City Takes Land Before Securing Title. Claimant Not to Have Rents or Profits, when. County Auditor to Prepare Lists of Property and Owners for City Engineer, when. -Compensation of County Auditor for Tax List Entries. 30. 31. G river, or the islands therein or land adjoining thereto; and the right to construct dams and reservoirs, and wing dams, anywhere in said river, whether within or above other dams, ponds or reservoirs, the City Council shall appoint a committee of not less than three of its members who, together with the City Engineer, shall make examina- tion and propose to the City Council a location and description of land suitable for such public grounds, engine houses, market, or other public building, or for water works, as the case may be, and if for water works, the amount of water power deemed necessary to be taken and appropriated, and the most convenient manner of taking and using the same, and present to the City Council a plat of the land pro- posed to be taken, and in their report shall show, so far as the com- mittee shall deem necessary, what canals, tunnels, buildings or struc- tures can be used in the appropriation, and any other matter which the committee shall deem proper for the information of the Council, and such committee may present for the consideration of the Council more than one location and plat. SEC. 2. Such committee shall file their report with the City Clerk of said city, who shall give notice by publication twice in the official paper in said city, that such report is on file in his office for the inspection of all persons interested, and that the same will be pre- sented to the City Council for action thereon at a meeting of said Council, to be named in such notice, which shall be the regular meet- MINNEAPOLIS CITY CHARTER. 95 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. ing of said Council which shall occur next after one week from the second publication of such notice. At the meeting named in said no- tice, the City Clerk shall next after the reading of minutes of pre- vious meeting, present such report, and the matter may be acted upon by the Council at the same or any subsequent meeting. The Coun- cil, under such rules as it may prescribe, may hear any person inter- ested in the matter, or refer the matter to a committee to hear such persons and report. CHAPTER X. Council to report. consider Interested be heard. persons to survey. SEC. 3. Whenever the City Council shall determine upon the Plat and lands, water power and other property to be taken and appropriated, it shall designate the same as nearly as may be convenient, and shall cause such plat or survey as may be necessary to show or explain the same, to be made and filed therewith with the City Clerk, and the City Council shall then or afterwards appoint five Commissioners who Commission- shall be freeholders of said city, and no two of whom shall reside in the same ward, to view the lands, water power or other premises to be taken and appropriated and ascertain and award the amount of damages or compensation to be paid to the owners of the property so to be taken and appropriated. ers. may act. ers to be act. Three or more of such Commissioners shall constitute a quorum Quorum and be competent to do any act required of such Commissioners. They shall be notified by the City Clerk, by notice to be served on them Commission- severally, either personally or through the mail, to attend at his office notified. on or before a day fixed by him, not less than two days after the serv- ice or mailing of such notice, to qualify and enter upon their du- ties; and if any Commissioner shall refuse or neglect to attend as aforesaid, he shall forfeit and pay to the City of Minneapolis the sum Failure to of fifty dollars ($50), to be recovered to the use of said city in a civil action in the Municipal Court; and in case a quorum of such Commissioners shall not so attend at the time and place designated vacancies. in said notice, the Mayor or Acting Mayor of said city may, in writ- ing, appoint one or more Commissioners in the stead of any such absentees. The Commissioners shall be sworn by the Clerk or any Commission- officer authorized to administer oaths, to discharge their duties as such Commissioners in the matter, with fidelity and impartiality, and make due return of their action to the City Council. ers to be sworn. They shall give notice by two publications in the official paper of said city that they will, on a day designated in such notice, which shall be at least ten (10) days after the first publication of such notice, meet at a place designated in such notice, on or near the premises proposed to be taken and appropriated, and view the property pro- posed to be taken and appropriated, and ascertain and award therefor compensation and damages, and that they will there and then hear such Interested allegation and proofs as interested persons may offer. Such Com- be heard. missioners shall meet and view the premises pursuant to such notice, view of and may adjourn from time to time, and after having viewed the premises. premises may, for the hearing of evidence and preparation of their award, adjourn or go to any other convenient place in said city, and such Commissioners shall make a true and impartial appraise- ment and award of the compensation and damage to be paid to each person whose property is to be taken or appropriated, and report the persons to er to give Commission- notice of meeting. 96 MINNEAPOLIS CITY CHARTER. CHAPTER X. Appraise- ment and award. Council to act on awards. New commis- sion, when. Further hearing. Award final, when. Condemna- tion suffi- cient, when. Compensa- tion. Proceedings abandoned, when. Owners to furnish abstract of title. Deposit of award in court, when. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. same to the City Council, and such award shall lie over until the next regular meeting of the Council, which shall occur at least one week after the reception of such award, at which or at any subsequent time the City Council may act on such award and hear any objection made thereto, or may refer the matter to a committee to hear such objection and report thereon. The Council may confirm such award or annul the same, or send the same back to the same or a new Board of Com- missioners for further consideration, and such Commissioners may in such case, again on giving notice, published once in the official paper of said city, meet at a time and place to be designated in said notice, which shall be at least two days after the publi- cation of such notice, and hear any further evidence that may be ad- duced by interested persons, and may adjourn from time to time. and correct any mistakes in such award, and revise and alter the same as they may deem just, and again report such award to the City Council, who may confirm or annul the same. When any such award shall be confirmed by the City Council, the same shall be final and conclusive upon all parties interested, except as hereinafter provided. M Before payment of such award the owner of such property or the claimant of the award shall furnish an abstract of title showing himself entitled to all of the compensation and damages claimed. In case of neglect to furnish such abstract, or there shall be any doubt as to who is entitled to such compensation or damage or any part of the same, the amount so awarded shall be by the City Council appro- priated and set apart in the city treasury for whoever shall show clear Council may right to receive the same. The City Council may in its discretion re- require bonds. quire of such claimant a bond with good and sufficient sureties condi- tioned to indemnify and save the city harmless against all other claims for such compensation or damages, or for the property for which the same was awarded and all loss, costs or expenses on account of such claims. SEC. 4. Whenever an award of compensation and damages shall be confirmed by the City Council, and not appealed from, and when- ever the same when appealed from shall not be set aside by the court, the same shall constitute a lawful and sufficient condemnation and appropriation to public use of the land and property and rights in property for which compensation or damages are so awarded, and the City Council shall thereupon cause to be paid from the permanent im- provement fund of said city to the owners of such property the amount awarded to each severally. In case such payment is not made within one year after the confirmation of the award, or the determination of the appeal thereupon, the proceedings shall be deemed to be aban- doned. Provided, That whenever the City Attorney shall certify in writ- ing to the City Council, that in his opinion he is in doubt to whom the said awards shall be paid, said City Council may order a warrant to be drawn for the same payable to the Clerk of the District Court of Hennepin county, and the City Clerk shall deliver the same to said clerk of the court, and take his receipt for the same; which deposit. with said clerk of the court shall have the same effect as if set aside in the city treasury, as hereinbefore provided, and in which case the MINNEAPOLIS CITY CHARTER. 97 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. parties entitled to the same shall establish their right to the same by a petition to the said District Court, setting up the facts entitling them thereto, and by proving the same to the satisfaction of the court, and when so established the court shall make an order directing to whom the same shall be paid. (Proviso added by Ch. 15, 87, Sp. L. 1887, p. §7, 449.) CHAPTER X. award, how Right to established. Upon the payment of said award or appropriation, or the setting Title to vest apart of the money in the city treasury to pay the same as aforesaid, in city. the city shall become vested with the title to the property taken and condemned absolutely for all purposes for which the city may ever have occasion to use the same, and may forthwith enter upon and use the same. This section shall apply as well to all cases of appropriation of Section to private property for public use provided for in this chapter. apply to en- tire chapter. *SEC. 5. Whenever the City Council shall vote to lay out or open that any new street or alley, or to straighten, widen or extend any now or may hereafter exist, or to lower, raise, change the course of, or divert any stream of water, or any ditch or drain, which shall make it necessary to take, injure or interfere with private property, it shall determine and designate in a general way, as nearly as may be con- venient, the character and extent of the proposed improvement, and thereupon it shall be the duty of the City Engineer to make and pre- sent to the Council a plat and survey of such proposed improvement, showing the character, course and extent of the same and the property necessary to be taken or interfered with thereby, with the name of the owner of each parcel of such property so far as the engineer can readily ascertain the same, and such statement as may in the opinion of the engineer be proper to explain such plat and survey and the character and extent of the proposed improvement, and his estimate of the cost of such improvement, if it consists in lowering, raising, changing the course of or diverting any stream of water, ditch or drain, and the City Council may cause such plat and survey to be modified, amended or changed as it may deem proper, and shall estimate and fix upon the cost of making such improvement, if it consists in lowering, rais- Amended ing, changing the course of or diverting any stream of water, ditch or drain. plat. As amended by chapter 2, section 25, Special Laws 1885, p. 51, and chapter 15, section 12, Special Laws 1887, p. 451. Street im- provements. Diverting water courses. city engineer to prepare plat. Nature of plat and survey. adoptior When such plat and survey shall be finally adopted by the City Effect of Council, it shall be filed with the City Clerk, and it shall be held to show correctly the character and extent of the improvement actually agreed upon and ordered by the City Council. Said plat shall also show the amount of land taken from each own- er, so far as the owners may be known, and the lands contiguous to such improvement. Estimate of cost, when. Plat to show lands in detail. The City Council shall then or afterwards appoint five freeholders Commission- of said city, no two of whom shall reside in the same ward, as com- missioners, to view the premises and to ascertain and award the amount of damages and compensation to be paid to the owners of property which is to be taken or injured by such improvement, and to assess the amount of such damages and compensation and the expense of Duties of. ers. 98 MINNEAPOLIS CITY CHARTER. CHAPTER X. Quorum and vacancies. Failure to attend. Three or more of such commissioners shall constitute a quorum and be competent to perform any duty required of such commission- ers; and they shall be notified of their appointment, and vacancies in their number be filled in the same manner, and they shall take the same oath and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided in the case of commissioners appointed under section three of this chapter. They shall give notice by two publications in the official paper of said city that such survey and plat is on file in the office of the City Clerk, for the examination of all persons interested, and that they will on a day designated in such notice, which shall be at least ten days after the first publication of such notice, meet at a place designated in said notice on or near the proposed improvement, and view the property proposed to be taken or interfered with for the purposes of such im- provements, and ascertain and award therefor compensation and dam- ages, and view the premises to be benefited by such improvement, and assess thereon in proportion to benefits, the amount necessary to pay such compensation and damage and the cost of making the improve- ment, where it consists in lowering, raising, changing the course of or diverting any stream of water, ditch or drain, and that they will then and there hear such allegations and proof as interested persons may offer. And such Commissioners shall meet and view the premises pursuant to such notice, and may adjourn from time to time, and, after having viewed the premises, may, for the hearing of evidence and preparation of their award and assessment, adjourn or go to any other convenient place in said city, and may have the aid and advice of the City Engineer and of any other officer of the city. After view- City engineer ing the premises, and hearing the evidence offered, such Commissioners. to advise. shall prepare and make a true and impartial appraisement and award. of the compensation and damages to be paid to each person whose property is to be taken or injured by the making of such improve- ment; but if the remainder of the same property, a part of which only is to be taken or damaged by such improvement, shall be bene- fited by such improvement, then the Commissioners, in considering and awarding compensation and damages, shall also consider, esti- mate and offset the benefits which will accrue to the same owner, respect to the remainder of the same property, and award him only the excess of the compensation or damages over and above such benefits. in Commission- ers to give notice of meeting. Nature of notice. Meeting and adjourn- ment. Appraise- ment and award. Benefits to be offset. Assessment of damages. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. the improvement, where it consists in lowering, raising, changing the course of or diverting any stream of water, ditch or drain, upon the lands and property to be benefited by such improvement, and in pro- portion to the benefits to be received by each parcel and without re- gard to a cash valuation. The said Commissioners shall then assess the amount of such compensation and damages so awarded, upon the land and property benefited by such proposed improvements, together with the expense and cost of making the improvements as fixed upon by the City Coun- cil, if such improvements consist in so lowering, raising, changing the course of or diverting any stream of water, ditch, or drain in said city, and in proportion to such benefits, but in no case shall the amount of MINNEAPOLIS CITY CHARTER. 99 CHAPTER X. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. J ers to report to council. When total cess of benefits. said assessment exceed the actual benefit to the lot or parcel of land so assessed, deducting therefrom any damages or injuries to the same parcels which are less than such benefits, and assessing only the ex- cess, and prepare and report to the City Council their appraisement Commission- and award, and if in the judgment of said Commissioners the whole amount of such compensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the spe- cost in ex- cific property subject to assessment, they shall so indicate in their re- port, and shall state the amount of such excess. Said Commissioners Assessment shall also report to the City Council an assessment list containing their list to be assessment of such compensation, damages and costs, or so much. thereof as shall not exceed the actual benefits to the property so as- sessed, which list shall contain a brief description of each tract or parcel of property assessed, the name or names of the owners thereof, Nature of. if known, and the amount assessed against each parcel of property and the amount of the excess of such compensation, damages and costs as aforesaid, which they shall return unassessed. reported. Said Commissioners shall, upon the completion of their said report, file the same with the City Clerk for presentation by him to the City Council, and thereupon it shall be the duty of said City Clerk to give notice to all interested parties by one (1) publication in the official paper of said city that he will at the next meeting of the City Council, or as soon thereafter as practicable, present such report to said Council for their consideration and action, the first (1) of which said notices shall be published at least five (5) days before the presentation of such report to said City Council; such published notices shall contain de- scriptions of the several lots and parcels of land taken for such pro- posed improvements, and the amount awarded for the taking of each such lot or parcel, together with the names of the owner or owners of the same, so nearly as they can be readily ascertained. It shall also contain descriptions of the several lots or parcels of land upon which benefits have been assessed and the amount assessed against each such lot or parcel, together with the names of the owner or owners of the same, as nearly as the same can be readily ascertained. city clerk to give notice report. of action on Lands taken, scribed. how de- sessed, how Lands as- described. act on report. Such report after its presentation to the Council shall lie over until Council to the next regular meeting of the Council, which shall occur at least one week after the reception thereof, at which time, or at any meeting, the City Council may act upon such report and hear any complaint touching such award or assessment, or it may refer the matter to a committee of the Council to hear such complaints and report thereon. The Council may confirm such award and assessment, or either, or an- nul the same, or send the same back to the same Commission for further consideration; and the Commissioners may in such case again, upon giving notice published once in the official paper of said city, meet at a time and place to be designated in said notice, which time shall be at least two weeks after the publication of such notice, meet and Further hear any further evidence that may be adduced by interested persons, and may adjourn from time to time, and may correct any mistakes in such award and assessment and alter and revise the same as they shall deem just, and again report the same to the City Council, who may thereupon confirm or annul the same. Whenever the City Coun- hearing. Jorm annul, or Council may confirm, or send back toms same commission. 100 MINNEAPOLIS CITY CHARTER. CHAPTER X. Confirma- tion final. Assessment to be levied. Form of as- sessment roll. Interested persons. May object to confirma- tion. Appeal to court. As amended by Ch. 2, Sec. 26, Sp. L. 1885, p. 52. Appeal, how made. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. cil shall confirm any such award and assessment such confirmation shall make such award and assessment final and conclusive upon all parties interested, except as is hereinafter provided, and the City Council shall proceed, at the same or any subsequent meeting, to levy such assess- ment upon the several parcels of lands described in the assessment list reported by the Commissioners, in accordance with the assessment so confirmed, and cause to be made and adopted an asesssment roll of the same, which may be in the following form, or in any other form the Council may adopt: The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below described the re- spective sums of money set against each lot or parcel. This assessment is made to defray the compensation and damages awarded for the taking of and injury to private property, and estimated cost of improvement, and in about the..... as shown on the plat and survey of the same on file in the office of the City Clerk of said city. This levy is made conformably to the report and assessment of Commissioners duly appointed to make such assessment, and in proportion to benefits from such improvements to accrue to the parcels and not exceeding the benefits to the parcels so assessed. Name of Owner, if know11. Done at a meeting of the City Council this A. D. 18.... Attest. · MOU • Description of Land. • Lot. Block. Amount. Dollars. • Cts. day of City Clerk. Pres't of the Council. SEC. 6. Any person whose property is proposed to be taken, in- terfered with or assessed for benefits under any of the provisions of this chapter, and who deems that there is any irregularity in the pro- ceedings of the Council or action of the Commissioners, by reason of which the award of the Commissioners ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or interference with his property or with the amount of the assessment for benefits to any property affected by such proceed- ings, may at any time before such award or assessment shall be con- firmed by the City Council, file with the City Clerk, in writing, hist objection to such confirmation, setting forth therein specifically the particular irregularities complained of, and containing a description of the property affected by such proceedings, and if, notwithstanding such objections, the City Council shall confirm the award or assessment, such person so objecting shall have the right to appeal from such order of confirmation of the City Council, to the District Court of the county of Hennepin, at any time within ten days after such order. Such ap- peal shall be made by serving a written notice of such appeal upon the City Clerk of said city, which shall specify the property of the appellant affected by such award, and refer the objection filed as aforesaid, and MINNEAPOLIS CITY CHARTER. 101 CHAPTER X. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. of awards, etc. by also delivering to said City Clerk a bond to the City of Minneapolis, executed by the appellant, or by some one on his behalf with two sureties, who shall justify in the penal sum of fifty dollars, conditioned to pay all costs that may be awarded against the appellant. There- Transcript upon the City Clerk shall make out and transmit to the Clerk of said District Court a copy of the award of said Commissioners, as con- firmed by the Council, and of the order of the Council confirming the same, and of the objection filed by the appellant as aforesaid, all certi- fied by said City Clerk to be true copies, within ten days after the taking of such appeal. But if more than one appeal be taken from any award, Not to be it shall not be necessary that the Clerk in appeals subsequent to the duplicated, first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, but the Court No pleading shall determine in the first instance whether there was in the pro- ceedings any such irregularity or omission of duty prejudicial to the appellant and specified in his said written objections, that as to him the award or assessment of the Commissioners ought not to stand, and whether said Commissioners had jurisdiction to take action in the premises. required. Bond to be filed. Court to what. determine, Case to have precedence. The case may be brought on for hearing, on eight days' notice, at any general or special term of the Court, and shall have precedence. of other civil cases, and the judgment of the Court shall be either to confirm or annul the proceedings only as the same affects the property Judgment of the appellant proposed to be taken, damaged or assessed for benefits, and described in said written objection. From such determination no appeal or writ of error shall lie. final. when. heard. Commission- sworn. Interested In case the amount of damages awarded or assessment made for Re-appraisal, benefits is complained of by such appellant, the Court shall, if the pro- ceedings shall be confirmed in other respects, upon such confirmation, appoint three disinterested freeholders, residents of said city, Com- missioners to re-appraise such damages or benefits. The parties to Parties to be such appeal shall be heard by said Court upon the appointment of such, and the Court shall fix the time and place of the meeting of such Com- missioners. They shall be sworn to the faithful discharge of their duties as such Commissioners, and shall proceed to view the premises ers to be and to hear the parties interested, with their allegations and proofs pertinent to the question of the amount of such damages or assess- parties to ments. Such Commissioners shall be governed by the same provisions in respect to the method of arriving at the amount of damages and ers, how the offset thereto of benefits to other property of the same owners, and in all other material respects, as are in this chapter made for the government of Commissioners appointed by said City Council. They Report. shall, after such hearing and view of the premises, make report to said Court of their appraisal of damages or assessments of benefits in respect to such appellant. The award or assessment of such Com- missioners shall be final unless set aside by the Court for good cause shown. In case such report is set aside, the Court may, in its dis- cretion, recommit the same to the same Commissioners or appoint a new board, as it shall deem best; but no appeal or writ of error shall court final. be allowed from any order of the Court in the premises. Said Court Commission- governed. Order of UorM -- Award final, when. 102 MINNEAPOLIS CITY CHARTER. CHAPTER X Compensa- tion of com- missioners. Double costs, when. Council may abandon proceedings. Limitations. Pavements, water mains, sewers, etc. Extent, etc., to be designated. SEC. 8. Whenever the City Council shall determine to cause to be paved, repaved or macadamized any street, lane or alley in said city, or any gutter or gutters along any such street, lane or alley or to lay, relay or extend any water mains or sewer pipes in or through such streets, lanes or alleys or any portion thereof, it shall determine and designate in a general way as nearly as may be convenient, the character and extent of the improvements, and the materials to be used therein, and thereupon it shall be the duty of the City Engineer City engineer to make and present to the City Council an estimate of the cost of such to estimate cost. improvements, stating therein the proportions of such estimated cost which will be required to construct such improvements in front of abutting lands, which cost shall not in any case of water mains exceed the cost of a six-inch pipe, and in case of sewers shall not exceed the cost of ordinary street mains in front of such abutting lands, and the proportion thereof required to construct the same across streets, lanes and alleys, and in front of lands not subject to assessment, and also the excess of cost in case of water mains and sewers over and above the cost of such six-inch pipe or ordinary sewer, also a list of the several lots and parcels of land fronting upon such proposed improve- ments with number of feet front of each extending along such im- provements, and the names of the owners of the several parcels as nearly as the City Engineer can readily ascertain the same; a brief minute of the reception of such report shall be made and published in the record of the proceedings of the City Council, which shall be held to be sufficient notice to all persons concerned; and such report shall lie over without any assessment being made until the next regular meeting of the City Council which shall occur at least one week after the reception of such report; but the City Council in its discretion may direct the City Engineer to advertise for and receive in the meantime. bids for doing the work and furnishing the material required to con- struct and complete such improvement, and report the same to the Council at the meeting of the City Council to which such report is laid over, or at any subsequent meeting; the City Council may consider such estimate and list, and any further communications from the City Rules gov- erning esti- mate. List of lots, etc. Notice to interested parties. Report. Bids may be called for in advance. Action on report. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. shall allow a reasonable compensation to such Commissioners for their services, and make such award of costs on such appeal, including the compensations of such Commissioners as it shall deem just in the premises. In case the Court shall be of opinion that such appeal was frivolous or vexatious, it may adjudge double costs against such ap- pellant. SEC. 7. The City Council shall have the right at any time during the pendency of any proceedings for the improvements authorized in this chapter, or at any time within ninety (90) days after the final order of the Court, on any appeal from such proceedings, to abandon all such proceedings whenever it shall deem it for the interest of the city to do so, which right to so abandon such proceedings within ninety (90) days after the final order shall apply to all proceedings now pend- ing in which the City of Minneapolis has not yet paid for or obtained title to any property condemned by said proceedings for public use. (As amended by Ch. 2, Sec. 27, Sp. Laws 1885, p. 52.) Maou MINNEAPOLIS CITY CHARTER. 103 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. Interested heard. ascertained. Engineer respecting the matter, and under such rules as it may make shall hear all persons interested in the matter of such improvements, parties to be who may desire to be heard, and the Council may adhere to its reso- lutions of making such improvements, or may modify the character of the same, or abandon it. If the City Council shall determine to go on with such improvements, whether modified or not, it may, either before or after having contracted for the construction of such improve- ments, estimate and fix upon the cost of such improvements, and the proportion or amount of such cost which is required to construct such Cost, how improvement, not exceeding, in case of sewer, the cost of an ordinary street sewer when larger sewers are constructed, and in case of water mains not exceeding the cost of laying a six-inch pipe where a larger pipe shall be laid opposite to or in front of the lots and parcels of Assessment Ïand described in the list so made by said City Engineer, and may assess and levy such proportion or amount of such cost upon the same lots and parcels of land upon the basis of an equal sum per front foot of each lot or parcel, measuring along the line of such improvements; and the City Council shall cause to be made, and shall adopt an assess- ment roll thereof, which may be in the following, or any other form which the City Council may deem proper: and levy. Name of Owner, if known. Description of Land. Done at a meeting of the City Council this A. D. 18.... Attest, Lot. sessment roll. The City Council of the City of Minneapolis doth hereby assess and levy Form of as- upon and against the several lots and parcels of land below described, the re- spective sums of money set opposite cach lot or parcel. The assessment is lev- ied to defray the expense of . in the City of Minneapolis along and said lots and parcels of land are assessed upon the basis of an equal sum per front foot along the line of such improvement: • Block. day of · Amount. Dollars. Cts. CHAPTER X. President of the Council. Council may count of improvement Assessment roll. City Clerk. Provided, however, That in all cases where the second (2d) plan proposed in section three (3) and in section four (4) of chapter nine (9) hereof, for the apportionment of the cost of water mains and of sewers, be the plan adopted, and followed, the City Engineer may omit from his report all estimates of cost and all apportionments thereof. In all such cases too, when the City Council determines to go on with such improvements, it shall make the equal assessment per front foot previously determined and fixed upon without other regard to the cost of the work or to the apportionment of that cost, than was had at the time when the amount to be assessed against abutting property was named and fixed, [and shall cause to be made] and shall adopt an plan. Dorm Estimate of if second cost omitted plan fol- lowed. Added by Ch. 3, Sec. ་ 19. Sp. L. 1883, p. 77. When assess- ment by front foot. Assessment roll-second 104. MINNEAPOLIS CITY CHARTER. CHAPTER X. G Discretion as to corner lots Decision of council final. Neglect to build side- walks. Engineer to estimate cost Assessment and levy. Assessment roll. Form of side- walk assess- ment roll. assessment roll thereof substantialy like that prescribed when the other plan is followed. LOCAL IMPROVEMENTS. ASSESSMENTS, ETC. SEC. 9. The City Council may, in its discretion, in case where any lot fronting on two streets has been previously assessed and the assessment paid for laying any water main or sewer pipe upon a differ- ent street from the one through which such proposed improvement is to be extended, remit from the assessment of such corner lot such portion of such second assessment, not exceeding the amount of assess- ment for a frontage of sixty-six feet on such lot, as it may deem just under all the circumstances of the case, but the discretion of the City Council in such matter shall be final, and the refusal or failure of said Council to make such remission shall not be a ground for setting aside such assessment in any court or proceeding. SEC. 10. Whenever the City Council shall have ordered the con- struction of any sidewalk, and the owners of the land along which such sidewalk is to be built shall refuse, or for the space of two weeks neglect to construct the same according to the order of the City Coun- cil, the City Engineer shall report to the City Council a description of each lot or parcel of land along which such sidewalk has not been built, and his estimate of the cost of building such sidewalk along each of such lots and parcels; such estimates shall not be binding upon the City Council, but advisory merely, and the Council may obtain any other information as to such cost, and the Council shall fix upon and desig- nate the cost of building such sidewalk in front of each lot and parcel of land, and thereupon the City Council shall assess and levy upon and against such lot and parcel of land so reported (after correcting mistakes, if any) along which such sidewalk has not been built, such sum as will cover the cost of building such sidewalk along and fronting upon the same lots and parcels of land respectively, and cause to be made an assessment roll of the same, which shall be in the following form, or any other form which the City Council may adopt: The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below described, the re- spective sums of money set against each lot or parcel. This assessment is made to defray the cost of a sidewalk along the side of to "" in accordance with day of from a resolution of the City Council, passed the A. D. 18... and duly published in the official paper of said city on the day of . A. D. 18…………. The amount assessed against and levied upon each lot or parcel being the amount necessary to build such sidewalk along and fronting upon the same lot or parcel of land. • • Mчou · ? Name of Owner, if known. • • · Description of Land. Done at a meeting of the City Council this A D. 18.... Attest: City Clerk. · ·· • • • Lot. • • • Block. day of Amount. Dollars. Cts. President of the Council. • 1 MINNEAPOLIS CITY CHARTER. 105 SEC. II. Assessments for repairs of sidewalks, may be in the Repairs of following form, or any form which the City Council may adopt: Name of Owner, if known. Attest: LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. - sessment roll. The City Council of the City of Minneapolis doth hereby assess and levy Form of as- upon and against the several lots and parcels of land below described, the re- spective sums of money set against each lot or parcel. The assessment is made. to defray the cost of repairs of sidewalks fronting upon each lot or parcel, which the respective owners have neglected to make, and which have been made by day of the proper Street Commissioners since the A. D. 18..... The amount assessed against and levied upon each of said lots and parcels of land, is the actual cost of repairs of sidewalks abutting upon such lot or parcel, and so repaired by such Commissioners. Done at a meeting of the City Council this A. D. 188.... · · > • Description of Land. • Name of Owner, if known. from + > * The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below described, and the buildings and improvements thereon, the respective sums of money set oppo- site each lot or parcel. This assessment is levied to defray the expense of sprinkling the streets fronting the said lots and parcels of land, from A. D. 18... to A. D. 18...., according to a contract for sprinkling .3 to for the and said lots and parcels term of years from of land, buildings and improvements are assessed by an equal rate upon the assessed value of the lots, lands, buildings and improvements fronting on the portion of the street so sprinkled. • City Clerk. SEC. 12. Assessments for sprinkling streets may be in the fol- Sprinkling lowing form or any other form which the City Council may adopt: Description of Land. Done at a meeting of the City Council this A. D. 18.... Attest: City Clerk. Lot. • · Block. day of Lot. · President of the Council. Amount. Block. Dollars. Cts. I day of • • • • • Amount. CHAPTER X. Dollars. Cts. President of the Council. Form of as- sessment roll. 106 MINNEAPOLIS CITY CHARTER. CHAPTER X. Proceedings when part of award an- nulled on appeal. - Damages, etc.,arrived at, how. Proceedings when award again annulled. Proceedings when assess- ment annul- led, etc. When pro- ceedings irregular. Ordinary form to be followed. SEC. 14. If any special assessment heretofore made by the City Council, or under its direction, to defray the expenses of any local improvement, has been or shall be, either in whole or in part, annulled, vacated or set aside by the judgment of any Court, or if the City Coun- cil shall be satisfied that any such assessment is so irregular or de- fective that the same cannot be enforced and collected, or if the City Council shall have omitted to make such assessment at or before the making of such improvement when it might have done so, the City Council shall anew, or hereafter compute and determine upon the cost of making such improvement in a gross amount, upon such data as to it shall seem sufficient, not exceeding, in the case of water mains, the cost of laying a six-inch pipe when a larger pipe was used; and the City Council may then proceed to cause a new assessment of the cost of such local improvements to be made, either on the property fronting upon such improvements, or on the property benefited by such improve- ments according to the character of such improvements, following as near as may be the provisions of the city charter in force at the time of making such improvement in determining the property to be assessed and the form and manner of proceeding subsequent to the determina- When second tion of the cost of the improvement, and in case such second assess- ment shall be annulled the City Council may proceed to make other assessments until a valid assessment shall be made, but nothing in this section shall authorize any new assessment in cases where such court shall determine that the lots or lands are not subject to assessment. After such new assessment roll shall have been completed the City Clerk shall note thereon against any piece of land upon which a former assessment for the same improvement has been paid, the words "Paid on former assessment," which shall cancel such assessment on that parcel. Council may order new assessment. assessment annulled. - Former assessment cancelled. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. SEC. 13. Whenever any portion of any award made by Com- missioners and confirmed by the Council, under the provisions of sec- tions three and five of this chapter, shall be annulled by the Court upon appeal, as hereinbefore provided for, the City Council may again ap- point Commissioners to view the property which was affected by such appeal, and appraise and amend the compensation and damages to be paid for the taking or appropriation of the same, and the like pro- ceedings shall be had so far as applicable, as is prescribed in said sec- tions three (3) and five (5), except that such Commissioners shall make no new assessments of costs and expenses. They shall, however, in arriving at the compensation and damages to be awarded, take into consideration and offset any benefits which in their judgment the con- templated improvement will be to the remainder of the property, part of which may be taken or appropriated, and report their award to the City Council, whereupon the same proceedings may be had as far as applicable as upon an original award, and if such award shall again, upon appeal, be annulled by the Court, still another Commission may be appointed and award made in the same manner, and so on, until a valid award shall be made, but no new assessment for benefits shall be made merely by reason of any change in the amount of the sum awarded for compensation and damages, and any sum which may be lacking to pay the awards shall be paid from the permanent improve- ment fund. (As amended by Ch. 2, Sec. 28, Sp. L. 1885, p. 52.) MINNEAPOLIS CITY CHARTER. 107 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. Assessment rolls. As amended Sec. 29, Sp. by Ch. 2, L. 1885, p. 53. SEC. 15. The City Clerk shall record all assessment rolls of special assessments in books to be by him kept for that purpose, and shall, on or before the first day of October of every year, deliver to the County Auditor of said county of Hennepin all such assessment rolls not theretofore delivered, and the said County Auditor shall extend the assessments in proper columns against the property assessed, and such assessment shall be collected and the payment thereof enforced with Collection of and in the like manner as state, county and other taxes are collected assessments. and the payment thereof enforced, and such assessments when col- lected shall be paid over by the County Treasurer to the City Treasurer of said city, together with all costs, penalties and interest collected thereon, at the time of making payment of city taxes to City Treasurer. Cancellation ments. of assess- Added by Ch. 2, Sec. 30 SP. L. 1885, p. 53. County audi- same. of con- Provided, That the City Council may, by resolution, direct the County Auditor of Hennepin county, to cancel, on any record, where the same appears, any special assessment theretofore assessed and levied by said City Council, whether because the same be irregular or erroneous, or because the improvement, for the cost of which said special assessment shall have been assessed and levied, shall have been constructed by the owner of the property against which said special tor to note assessment shall have been assessed and levied, and in any such case of the cancellation of any such special assessment the Auditor shall make the necessary credits of the amounts of such special assessment so cancelled on the proper books and to the proper officers; and said Certificates City Council may provide by ordinance or resolution that the certificate struction. of the City Engineer or other proper officer, that any improvement, for which any such special assessment shall have been made, has so been constructed by the owner of the property against which any such special assessment shall have been made, presented to the said County Auditor, shall be sufficient authority for said Auditor to cancel the special assessment so assessed and levied for the cost of such improve- ment against the property named in said certificate, and for authority. in that case for the said Auditor to so make said proper credits, and Certificates said Council may also provide by ordinance that the County Treasurer shall receive in lieu of money in payment and satisfaction of such special assessments said certificates of the City Engineer, or other city officer named by said ordinance for that purpose, that any such im- provement for which a special assessment has been made, has been so constructed by the owner or other person. Said City Council may also direct, by resolution or motion, the said County Auditor to divide any special assessment and place parts thereof on any part of the real estate against which the same is assessed and levied, and to make the necessary corrections and records thereof. All acts prior to the passage of this act, of said City Council, and of all officers of said city or of Hennepin county, in directing or authorizing the Treasurer of said. city or said county to accept the certificate of the City Engineer of said city that any owner of any real estate against which any special assess- ment has been assessed and levied for the cost of any improvement has constructed said improvement, in lieu of cash in payment of or satis- faction of said special assessment, is hereby confirmed and legalized. Provided, That when the total cost of any improvement, for which Assessments special assessments have been assessed and levied, shall be less than in lieu of money. refunded. Authority cellation. for can- Division of assessments. Acts of council, etc., legalized. 108 MINNEAPOLIS CITY CHARTER. CHAPTER X. Three- fourths of excess. Refunding excess. Moneys ad- vanced for improve- ments. Refunding same. Irregulari- ties not to affect validity. Failure of clerk, effect of. SEC. 16. No omission, informality or irregularity in proceedings in or preliminary to the making of any special assessment shall affect the validity of the same, where the assessment roll has been adopted by the City Council. And the assessment roll, and the record thereof kept by the City Clerk, shall be competent and sufficient evidence that Roll evidence the assessment was duly levied and the assessment roll duly made and of proper proceedings. adopted, and that all other proceedings antecedent to the adoption of such assessment roll were duly had, taken and performed, as required by this charter. And no failure of the City Clerk to record the assess- ment roll, or to deliver the same to the County Auditor on or before the time prescribed for such delivery, or to do any other act or thing of him required, shall in any way invalidate any assessment; and no variance from the directions herein contained, as to the form or man- ner of any of the proceedings, shall be held material, unless it be clearly shown that the party objecting was materially injured thereby. SEC. 17. In case any special assessment shall in any suit where its validity shall be questioned, be adjudged invalid, the City Council may, in its discretion, notify the County Auditor to cease the collec- tion of the same, if it shall have been transmitted to him for collection, and may proceed anew by proceedings either as in case of an original special assessment for the same purpose, or by taking up the previous proceedings at any point, and may make and levy a new assessment in the place and stead of the assessment, which shall have been ad- judged invalid; and the City Clerk, before delivering such new assess- ment to the County Auditor for collection, shall ascertain and note thereon payments which have been made on such invalid assessment for the same purpose, which notation shall cancel the assessments as to the parcels and lots on which such payments were made to the extent of the payments. Such new assessments shall be collected in the same manner as original special assessments. Variance immaterial. Invalid assessment. Discretion of council. Payments on invalid as- sessment to be noted. Collection of new assess- ment. Invalidate assessment. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. ninety (90) per centum of the total special assessments assessed, levied and collected for the same, said City Council may refund out of the permanent improvement fund to the owners of the real estate against which said special assessments have been made, who have paid the same, three-fourths (34) of their proportionate share of the excess of such total special assessment so collected over the total cost of such improvements. And provided also, That after any improvement has been ordered and the special assessments for the cost thereof have been assessed and levied, any person or persons are desirous of having such improvement constructed before the collection of such special assess- ment, and such person or persons shall advance the cost of such im- provement and pay the same to the City Treasurer for the credit of the permanent improvement fund, such money so advanced to con- struct such improvement shall not be used or appropriated for any other purpose; and said City Council may cause the immediate con- struction of such improvement and shall, when said special assessments assessed and levied to pay for the same are collected, cause the same to be paid to such person or persons advancing the money for the cost of such improvement. SEC. 18. No special assessment shall be questioned or held to be invalid, because the amount of such special assessment shall happen to MINNEAPOLIS CITY CHARTER. 109 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. be either more or less than the amount of money actually required for If the the improvement for which such assessment shall be made. amount raised by such special assessment shall happen to be less than the amount required for such improvement, the balance shall be paid from the fund of the ward or wards wherein such improvement shall such be made, except that in the case of water mains and sewers, balance shall be paid from the permanent improvement fund; and if there shall happen to be any surplus from any such special assessment, Surplus, how the same shall be carried to the credit of the same fund from, which disposed of. a deficiency would have been supplied or be otherwise disposed of, as to the City Council shall seem most just towards the persons upon whom such special assessment has been levied; and upon any assess- Abbrevia- ment rolls or other papers made or used in any of the proceedings, it shall not be necessary that words shall be written out in full, but abbreviations, letters, figures and recognized characters may be used Immaterial whenever their use shall be convenient, and no error or mistake as to the name of the owner of any property shall be regarded as material in any proceedings under this act. tions may be used. errors. SEC. 22. In case any assessment for improvement is collected before the making of such improvement, the money so collected shall be kept separate from the funds of the city and not devoted to any other purpose than such improvement, and as soon as a majority of the assessments for such improvement are paid, the City Council shall forthwith cause such improvement to be made. Deficiency paid from ward fund, when. SEC. 19. It shall require a two-thirds vote of the members elect of the City Council to determine in the first instance, to make any im- provement for which a special assessment may be levied, except in respect to sidewalks, when a majority vote shall suffice. But this re- striction shall not apply to any subsequent act of the Council touching such improvement, or the special assessment to provide means therefor. SEC. 20. Any improvements, the means to make or construct which may be raised by special assessment, may be performed by con- tract let in the ordinary way, or directly by the city by the employment of labor and purchase of material, or in any other manner in which the City Council may deem proper in each particular case. And the City Council may in its discretion, in any case, instead of causing the special assessment to be made entirely upon estimates, as hereinbefore assessment. provided for, wait until the letting of the contract for such improve- ment, or until such improvements shall be made, before determining and fixing upon the cost and expense of such improvement and ap- pointing Commissioners to make the assessment. Council may await con- tract before SEC. 21. The City Council may, at the time of ordering any im- provement for which any assessment may be made, determine whether to proceed at once with such improvement or await the collection of such assessment. Two-thirds of council to provement. order im- Not neces- sary subse- quently. Improve- ments made by contract or city. Council may await collec- tion. Special funds to be assessment kept separate. may be paid SEC. 23. After any special assessment roll shall have been Assessments adopted by the City Council and before the same shall be delivered to to city the County Auditor for collection, any assessment thereon may be treasurer. paid direct to the City Treasurer of said city; and upon the production of the City Treasurer's receipt therefor to the City Clerk, he shall enter In which upon such assessment roll, opposite the assessment so paid, the words cancelled. event. 110 MINNEAPOLIS CITY CHARTER. CHAPTER X. Interest deducted. Prior assess- ments not affected. Assessment lien to have priority. Improve- ments to be ordered, when. County auditor to divide as- sessments. Added by Ch. 11, Sec. 2, Sp. L. 1887, p. 438. Exception. Five equal parts. SEC. 27. Whenever the City Council shall have adopted any as- sessment roll whereby it shall assess and levy any special assessment against the lots and parcels of land abutting on any street, avenue, alley or other public ground, in the City of Minneapolis, for the pur- pose of paying the cost of paving, repairing or macadamizing any street, lane or alley in said city, or any gutter or gutters along any such street, lane or alley, or for the purpose of laying or re-laying any curbstone along any such street, lane or alley (but not including the sidewalk proper on any such street, lane or alley) or to lay, re-lay or extend any sewer pipes in or through any such street, lane or alley, or other public grounds or any portion thereof, and when such assess- ment roll shall have been delivered to the County Auditor of the County of Hennepin, as required in this chapter, said County Auditor shall divide each assessment for any such paving, re-paving or macadamiz- ing, or for any such curb or gutter stone or stones, or for laying, re- laying or extending any such sewer pipes or sewers, into five (5) equal parts as nearly as the same can be divided, and shall in proper books to be provided and kept by said Auditor of said Hennepin coun- ty, extend the same in proper columns in such manner that said assess- ment shall extend over five (5) successive years succeeding to the year in which said assessments shall have been so ordered, that is to say: Said assessments are to be paid in five (5) equal annual install- with interest. ments, with interest to be paid annually on each one (1) of said in- stallments after the first (1st) installment, at the rate of five (5) per centum per annum, and the owner or owners or other person whose duty or right it may be to pay such special assessments shall have the right to either pay the same at any time after the first (1st) year's installment becomes due, or they may pay the same in said five (5) annual installments with interest on each one of said deferred install- ments to be paid annually at the time of paying the installment due each year; and the Auditor of said Hennepin county shall at the time- Extending over succes- sive years. Annual in- stallments, Option of Owner. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. "Paid to City Treasurer," which entry shall cancel the assessment so paid. In case interest shall have been included in such assessment, so much of such interest as shall not have accrued on such assessment at the time of such payment, shall be deducted therefrom. SEC. 24. Nothing herein shall interrupt or interfere with any assessments which have been heretofore made, but the collection there- of shall go on according to the provisions of the charter of said city in force at the time of making such assessments. SEC. 25. No sale under execution or other proceedings upon a judgment decree, foreclosure or lien, and no transfer or mortgage shall divest or effect the lien of any assessment, for any tax or for any improvements chargeable to or assessed against the property under this charter, although the confirmation of such assessment may be sub- sequent to the lien of such judgment decree or other lien or to such transfer or mortgage. SEC. 26. No improvement, the cost of which is required to be made by special assessments, shall be ordered in any year later than the twentieth (20th) day of August of that year. (Added by Ch. 2, Sec. 31, Sp. L. 1885, p. 54.) - MINNEAPOLIS CITY CHARTER. 111 CHAPTER X. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. add interest. of so extending said special assessment on the tax list in such parallel Auditor to columns for each year's installment, add to the amount of each install- ment for each year after the first (Ist) installment, interest on each installment remaining unpaid at said rate of five (5) per centum per annum on the whole of such unpaid installments, and said interest on the whole of said installments shall be paid each year at the same time and in the same manner that said installments are to be paid. Interest, how paid. To apply to assessments of 1886. The provisions of this section shall apply to all such special assess- ments made by said City Council during the year eighteen hundred and eighty-six (1886) for improvements to be made during the year eighteen hundred and eighty-seven (1887), and the City Engineer of said City of Minneapolis is hereby authorized to give certificates to any person or persons who are charged with paying any such assessments so made in the year eighteen hundred and eighty-six (1886), that said assessments were made on any particular lot or parcel of land for any such improvements to be constructed during the year eighteen hundred and eighty-seven (1887), and that four-fifths (4-5) of the same are to be deemed as deferred installments to be paid during the four (4) follow- ing years, immediately following the year eighteen hundred and eighty- seven (1887), under the provisions of this section, and the County Treasurer of Hennepin County shall receive such certificates and give to be in lieu · Record of deferred credit for the same in lieu of cash for four-fifths (4-5) of any such of cash. assessment made during said year eighteen hundred and eighty-six (1886) for any of the improvements in this section provided for, and the City Engineer of said city shall keep a record of all the material parts of such certificates, and said City Engineer shall cause a roll of such deferred payments so certified by him to be prepared in the same manner as special assessment rolls are prepared as near as may be, payments. containing all the material facts necessary and send the same to the City Council of the City of Minneapolis, and when said City Council shall have by motion approved the same, the City Clerk shall send the same to the Auditor of Hennepin County in the same manner that ments to be special assessment rolls are sent by said City Clerk to said County Auditor. Roll of deferred pay- approved. Certificate of city engineer. Consent of implied, all parties when. The application by the property owner for such certificates, to- gether with the receipt of the same by said Treasurer, and the adop- tion of said roll by said City Council, shall be taken as the consent of all parties to having the payment of said four-fifths (4-5) of said special assessment for said purposes so assessed and levied by said City Council for the year eighteen hundred and eighty-six (1886) for such improvements to be done in the year eighteen hundred and eighty- seven (1887) divided into four (4) equal parts, one part to be paid each year for the four (4) succeeding years succeeding the year eighteen hundred and eighty-seven (1887), and for the authority of the County Auditor to place and extend the same in the proper manner on the proper tax list books of said county, and said County Auditor County is hereby authorized and directed to so extend and place each respective balance of said special assessments so deferred upon said proper tax balances. lists in such manner that the same may be paid in four (4) equal in- stallments, one installment in each of the four (4) years succeeding Per centum the year eighteen hundred and eighty-seven (1887); but said Auditor auditor to extend to be added. Improve- 1886-7. ments of 112 MINNEAPOLIS CITY CHARTER. CHAPTER X. Lien of city to remain intact. Rolls, when made and adopted, etc. Auditor's books, how kept. County treasurer's receipts. When certifi- cates are used. Surplus re- funded, how. - fund. Added by Ch. 11. Sec. 2, Sp. L. 1887, p. 440. - Investments to be made by Sinking Fund com- missioners. Permanent SEC. 28. There is hereby created a special fund to be called improvement "The Permanent Improvement Revolving Fund," to which shall be credited the principal sum of each of the installments of all special assessments assessed and levied by said City Council, which are to be paid in five (5) equal annual installments, as provided in the next preceding section of this chapter, and all interest on said deferred installments of any such special assessments shall be credited to the sinking fund of said city to be invested the same as provided for the sinking fund of said city; and the Board of Sinking Fund Commis- sioners are hereby charged with the duty of investing, so far as prac- ticable, any accumulations of money in said permanent improvement revolving fund not needed to carry on the operations to facilitate which the same has been hereby created. Should there at any time be an accumulation of money in said permanent improvement revolv- ing fund greater than the probable demands upon said fund during the two (2) years next following, then it shall be the duty of the City Council to report such fact to the Board of Sinking Fund Commis- Accumula- tions in- vested. · LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. shall add five (5) per centum of the whole of each of said deferred payments to the payment to be made in the year eighteen hundred and eighty-eight (1888) as the first year's interest on said deferred installments, and the lien of said deferred installments which attach to each respective lot or parcel of land before this act passed, shall remain intact the same as though this act had never been passed. Said roll shall so be made up by said City Engineer and so sent to the City. Council of said city on or before the first (1st) day of September, eighteen hundred and eighty-seven (1887), and the same shall be adopted by said City Council and so sent to the Auditor of said Hen- nepin County on or before the first (1st) day of October, eighteen hundred and eighty-seven (1887). Said Auditor shall so keep said. books that the Treasurer of said county can and shall at the times of the proper settlements with said City of Minneapolis, or with its proper City Treasurer, or other officers, report the amount of the in- terest on said deferred installments separately from the amounts of the installments paid in any year. - The County Treasurer of the County of Hennepin, whenever he shall receive any such City Engineer's certificate, in lieu of money, in the payment of such special assessment taxes so levied and assessed in the year eighteen hundred and eighty-six (1886), shall stamp or print upon the receipt which he gives for the taxes for the year eighteen hundred and eighty-seven (1887), the fact that four-fifths (4-5) of the special assessment for paving, curb and gutter stones, or sewers, was not paid in money, but that the certificate of the City Engineer of the City of Minneapolis was received for the same, because the payment of the same had been deferred to be paid in four (4) equal annual installments during the four (4) years following eighteen hundred and eighty-seven (1887) under the provisions of this act; and shall give the number of the City Engineer's certificate. Any surplus which may be collected under any such special assess- ments over and above the actual cost of said improvement which it is provided by the Charter shall be refunded to the property owner, shall be refunded out of said permanent improvement revolving fund. MINNEAPOLIS CITY CHARTER. 113 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. sioners, who shall as soon as practicable, invest the same substantially in the same manner that funds in said sinking fund are invested. The aggregate amount of special assessments which shall be made in any one (1) year for sewers, paving, and curb and gutter stones, as in the next preceding section provided, shall not exceed the sum of four hundred thousand (400,000) dollars; but this limit shall not prevent said City Council from ordering work aggregating more than said sum of four hundred thousand (400,000) dollars in any one (I) year; Provided, That the abutting property owners desiring such im- provements to be made, shall advance and pay into the City Treasury of said city the cost of any such improvements over and above the amount of said sum of four hundred thousand (400,000) dollars, and in such case the entire amount of such assessments so to be ad- vanced by the abutting property owners, shall be so prepaid into said City Treasury, to the credit of said permanent improvement revolving fund. *Chapter 277. Special Laws 1889, p. 928, approved Jan. 28. 1889, provides "That all bonds heretofore issued by the City of Minneapolis under section twenty-nine (29). chapter ten (10), of the Charter of said city, as heretofore amended and now existing, shall be and are hereby declared legal and valid without reference to the price for which the same were sold." CHAPTER X. Limitation ments for of assess- year. Not to effect work. ordering of Property owners may advance in limit. excess of Re-payment. used. diverted. There shall be paid each year out of said permanent improve- Fund, how ment revolving fund, only the whole cost of all that portion of all such sewer, paving and curb and gutter improvements as are named. in the next preceding section, the payment of which has been provided. for by such special assessments against such abutting property and Not to be said fund shall be diverted to no other purpose except as in the last paragraph of section twenty-seven (27) provided. There shall be Proceeds credited each year to said permanent improvement revolving fund sufficient sums of money received from the sales of the bonds in the next section provided for, which with the installments of such special assessments received into such fund each year shall be sufficient to Assessment, pay for all of such improvements of sewers, paving and curb and gutters as are named in the next preceding section, and as are con- structed during such year. of bonds. collections. authorized. SEC. 29. *For the purpose of providing sufficient funds in said Issue of bond permanent improvement revolving fund at all times to defray the ex- penses of improvements provided for in the two (2) sections next preceding, the special assessments for which are to be paid in five (5) equal installments, with interest as therein provided, such special as- sessments being for sewers, paving and curb and gutter stones only, the City Council of the City of Minneapolis is hereby authorized and required in the manner under the restrictions and for the purpose here- in designated, to issue from time to time as needed, not to exceed the sum of three hundred and twenty thousand dollars ($320,000) in any one year, of the bonds of said city in such denominations, at such time of payment, not exceeding thirty (30) years, and such place of payment as may be deemed best by said City Council, such bonds to have semi-annual interest coupons at such rate of interest not exceed- Rate of ing four and one-half (4½) per cent. per annum payable at such place or places as said City Council may deem best. interest. Said City Council is further authorized to negotiate and sell such Sale of bonds. As amended by Ch. 33, Sec. 9, Sp. 1889, p. 595. Not exceed- ing $320,000 a year. 114 MINNEAPOLIS CITY CHARTER. CHAPTER X. Proceedings by resolu- tion. Proceeds to be credited to fund. Not to ex- ceed five per cent. limit. Not to effect other bonds authorized. Comptroller's signature evidence of compliance. Proceeds for installment improve- ments. 拳 ​Notice of im- provement. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. The signing or countersigning of any bonds, purporting to be issued under the authority of this act by the City Comptroller of said. city, in respect to all such bonds held by bona fide owners, shall be deemed conclusive evidence that the limitations of this section have been observed and complied with. The proceeds of said bonds shall never be used for any other purpose than for the purpose of advancing the money to pay for sewers, pavements, (not including sidewalks proper), and curb and gutter stones, the special assessments for which have been made and the same are to be paid on yearly installments as named in the two (2) next preceding sections of this chapter. Not to exceed one million dollars ($1,000,000) shall be issued under this act. Issue limited to $1,000,000. When city's *SEC. 30. (27) Whenever the City of Minneapolis shall have made or caused to be made, erected, constructed or laid on, across, through, right to enter in or upon any land or real estate to which said City Council has not land, etc., is questioned. the title or the right to enter upon the same for the purpose of so making, erecting, constructing or laying any water main, sewer, build- ing, structure, intake pipe, dam, improvement, pavement, sidewalk, curb stone, gutter or other public work, improvement structure or street grade, the City Council shall have the right at any time in any suit in which the title to said real estate or land, or the right of said city to so be thereon for such purpose is called in question, said city may by answer admit and allege the taking of the claimant's land or other real estate, for public purposes, and that no compensation has been made for such taking and that said City of Minneapolis is ready bonds from time to time upon the best terms for said city that may be obtained. All proceedings as to the issuing of said bonds shall be by resolu- tion of said City Council to be approved by the Mayor and published as provided by the charter of said city. The proceeds of said bonds shall be paid into the Treasury of said city and credited to said permanent improvement revolving fund. Nothing herein contained shall authorize the issue at any time of bonds to such an amount that the whole amount of the principal of all bonds actually issued by said city at the time, together with the pro- ceeds issued, shall exceed five (5) per centum of the aggregate value of the taxable property of said city as assessed and determined for the purposes of taxation; provided, that in estimating the whole amount of the principal of all bonds actually issued by said city at the time, together with the proposed issue, there shall be deducted the total amount of fund and securities in the sinking fund provided by this charter for the payment of the bonds in said city, and the bonds issued and proposed to be issued less the amount of such sinking fund shall not exceed five (5) per centum of the aggregate value of the taxable property of said city as aforesaid. This act shall not be considered as in any manner prohibiting or interfering with the issue of any and all bonds, the issue of which has been heretofore authorized. *Added by chapter 15, section 7, Special Laws 1887, p. 449, and erroneously numbered "Section 27." MINNEAPOLIS CITY CHARTER. 115 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. and willing to pay such compensation on having the same assessed and ascertained in the manner in this chapter provided, provided, the claimant on the trial shall establish his right to recover the land or other real estate in question, and in such case the Court shall first determine whether the claimant is entitled to recover the land or other real estate in controversy; Provided, That when it shall appear that the land or other real estate was so taken or appropriated by and with the consent or acquiescence of the owner, such owner shall not be entitled to recover any rents or profits which accrued prior to de- mand for compensation for such land or other real estate, and he shall be limited to a recovery in such case, to compensation for the land taken and damages; and the court shall have power to make all necessary orders and render all necessary judgments to carry out the provisions of this section. *Added by chapter 15, section 7, Special Laws 1887, p. 450, and erroneously numbered "Section 28." CHAPTER X. City may pensation. tender com- Claimant to establish right. When owner consented not entitled to rents, etc. Powers of court. City engineer descriptions. to request of lots, etc. Engineer to *SEC. 31 (28) Whenever the City Council shall order any im provements or work which are to be paid for by special assessments on the abutting property, the City Engineer of the City of Minneapolis. shall make a written request of the County Auditor of Hennepin County for a list of the descriptions of lots or other parcels and blocks or other divisions of real estate or land lying upon or along the streets, lanes, alleys, avenues or other public grounds on which said improve- Descriptions ments are to be made, together with the names of the respective owners of each of said lot or parcel of land or real estate so far as they can be ascertained by said Auditor from the records of his office, and said City Engineer may accompany such request with such plats or other furnish plats. information as may be necessary to enable such Auditor readily and accurately to make such list. Upon the receipt of such request said County County Auditor shall promptly make and return to said Engineer such auditor to list of descriptions and owner's names called for. For making such descriptions. list and for keeping all of the books which may be required of said List and Auditor under the various special assessment plans which have now or may hereafter be adopted by the City Council of the City of Min- neapolis, which shall include every kind of entry whether ordered or requested by said City Council or any Court, and which shall include. all records of cancellations, re-assessments and re-entering on the tax list the balance of the assessments made in the year eighteen hundred and eighty-six (1886) and not paid in the year eighteen hundred and eighty-seven (1887), said city shall pay said County Auditor the sum of five (5) cents for each entry of a special assessment entered by him upon the tax list of the county, the same to be payable upon the completion of the tax list for each year. furnish auditor's books. Names of owners. Compensa- auditor. tion of 116 MINNEAPOLIS CITY CHARTER. Indebtedness and obliga- tions. Ordinances to remain in force. Authorized publication Books and pamphlets prima facie evidence. SECTION. Clerk's cer- tificate of "true copy." 2. 1. City Legal Successor of Former Cities of St. Anthony and Min- neapolis.-Public property in- 4. 3. Compilation 5. 6. 7. 8. CHAPTER XI. MISCELLANEOUS PROVISIONS. debtedness, etc. Ordinances and Resolutions Re- main in Force.-Exemptions.- Official Books and Pamphlets.— City Clerk's Certificate. of Ordinances. Copies Sold or Exchanged. Actions Where City a Party. In- habitants Not Incompetent. State Laws, How Construed Repealing Charter Provisions, etc. Actions Against City.-Service of Process. as Actions brought in Name of the City, when. Warrant Necessary in Prosecu- tions, when.-Municipal Court Process in name of State. SECTION. 9. oned. Board and Jail Fees.-Not paid by City in State Cases.-Com- mitment Fees. Penalties and Judgments, How Remitted or Discharged.-New Trial, Reversing of Judgment, Suspending Sentence, etc. City Property, Not to be Sold, or Appropriated, when. 13. Proposals for Advertising.—Of- ficial Paper, How Declared.- Discretionary Power of Council, Bond, etc. Official Publications.-Affidavits of Publication, and effect of. Proposals for Job Printing.-Con- tract, How Awarded.-Bond, etc. [See note.] 10. 11. 12. SECTION I. The City of Minneapolis is hereby declared to be the legal successor of the former cities of St. Anthony and Minneapolis. former cities. All public property, except property used for educational purposes, Legal successor of within the limits of said city, shall belong to said City of Minneapolis, and all indebtedness and obligations of the former city of St. Anthony and former City of Minneapolis and of the former divisions of the present City of Minneapolis, shall, together with all interest accrued or to accrue thereon, be assumed and paid by the City of Minneapolis. SEC. 2. All ordinances and resolutions heretofore made and established by the City Council of the City of St. Anthony or by the Common Council or City Council of the City of Minneapolis, and not inconsistent with the provisions of this act, shall remain in force except as altered, modified or repealed by the City Council of the city of Min- neapolis; and all books and pamphlets published or which may be published, purporting upon their title page to be published by the of ordinance, authority, order or direction of the City Council, and purporting to contain the ordinances of said city, standing rules and orders of said City Council, or either, are hereby declared to be competent and prima facie evidence of the contents of such ordinances, standing rules and orders of any resolutions or other matters purporting to be the act of said City Council, which may be found printed therein, and of the due and legal adoption, approval and publication thereof, and the certificate of the City Clerk that any printed slip of paper to which such certificate may be attached, contains or is a true copy of any ordinance, resolution, proceeding of the City Council or other paper, the original of which is presumably in the possession of said City 14. Municipal Court.-Punishment of Offenders.-Where to be impris- 15. 16-17. MINNEAPOLIS CITY CHARTER. 117 MISCELLANEOUS PROVISIONS. Clerk, shall constitute such printed slip or paper competent and prima Competent facie evidence of the contents and purport of the ordinance, resolution, proceeding of the City Council or other paper, and of the legal passage, adoption, approval and publication thereof. SEC. 4. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant of said city, in any pro- ceeding or action in which the city shall be a party in interest. of ordi- nances. SEC. 3. The City Council may from time to time provide for the Compilation compilation and publication of the ordinances of the city, and such s resolutions as may be designated, and for the distribution or sale of copies of such compilation in its discretion, and may also provide for exchange of such printed compilations for similar publications of other cities. Sale and exchange. SEC. 5. No law of the State contravening the provisions of this act shall be considered as repealing, amending or modifying the same unless such purpose be expressly set forth in such law. SEC. 6. When any suit or action shall be commenced against said city, the service thereof may be made by leaving a copy of the process by the proper officer with the Mayor, and it shall be the duty of the Mayor forthwith to inform the City Council thereof, or to take such other proceedings as by the ordinances or resolutions of said Council may have been in such case provided. CHAPTER XI. SEC. 8. In all prosecutions for any violation of this act, or of any by-law, or ordinance of the City of Minneapolis, the first process shall be by warrant; Provided, That no warrant shall be necessary in any case of the arrest of any person or persons while in the act of violating any law of the State of Minnesota or ordinance of the City of Minneapolis, but the person or persons so arrested may be pro- ceeded against, tried, convicted, punished, or discharged, in the same manner as if arrested by warrant. All processes issued by the Munic- ipal Court for violation of any ordinance or by-laws of the said city, shall run in the name of the State of Minnesota, and shall be directed to the Chief of Police or any police officer of the said city. Inhabitants tent when not incompe- city a party Charter pro- modified, un- visions not less express- ly stated. Action against city, Council to be notified. name of city. SEC. 7. All actions brought to recover any penalty or forfeiture Actions in under this act, or the ordinances, by-laws, or police, or health regula- tions, made in pursuance thereof, shall be brought in the corporate name of the city. Violation of dinances, charter, or- etc.-War- rant, No warrant when person necessary caught offending. Process in name of state directed. -How SEC. 9. In all cases of imposition of penalty or fine, or the rend- ering of a judgment by the Municipal Court of said city, pursuant to any statute of the State of Minnesota, or pursuant to any ordinance or by-law of the said City of Minneapolis, as a punishment for any offense or for the violation of any by-law or ordinance as aforesaid, the offender shall be forthwith committed to the city prison of said city, or if there be no city prison, to the common jail of Hennepin County, and there be imprisoned for a term not exceeding three months, in the discretion of said Court, unless the said fine or penalty be sooner paid, and from the time of the arrest of any person or per- Imprison- sons for any offense whatever, until the time of trial, the person or persons so arrested may be imprisoned in the city prison, or in case there be no such prison, in the common jail of Hennepin County. ment pend- ing trial. Penalty or fine in Mu- court. nicipal Commit- prison or ment, city county jail. Limit of penalty. - 118 MINNEAPOLIS CITY CHARTER. CHAPTER XI. City not liable for fees when. City not lia- ble for board, SEC. 10. The City of Minneapolis shall not be liable in any case etc., for stat- for the board or jail fees of any person who may be committed by any officer or magistrate of the city to the jail of Hennepin County under the State laws. utory of- fenses. Added by Ch. 3, Sec. 21, Sp. L. 1883, p. 78. Penalty, etc., how remitted City property not to be held, etc., when. SEC. II. No penalty or judgment recovered in favor of said city. shall be remitted or discharged, except by a vote of two-thirds of the members of the City Council; but nothing in this section shall be so construed as to prohibit the Judge of the Municipal Court from grant- Not to effect ing new trials or reversing any judgment rendered by him according new trials, etc. to the usual procedure of courts, nor to prohibit said Court from sus- pending execution of sentence, in its discretion. Official advertising. Daily newspaper. Contract, how awarded. Discretion of council. When two bids the same. Maximum. price. Rejection of bids. Written contract and bond. MISCELLANEOUS PROVISIONS. Paper to be designated as official. And shall not be liable to any jailer or other officer for any fee for the committing any person to the county jail or for the receiving any person so committed in any case where the warrant of commit- ment or other process is served or executed by a police officer of the city. No city officer, or employe of the city, shall sell, dispose of, or convert to his own use, any city property in his charge without special authority from the City Council. 19 SEC. 13. The City Council shall at its first meeting in April of each year, or as soon thereafter as may be, cause the City Clerk to advertise in the official paper of the city, for one week, for sealed pro- posals for publishing in some daily newspaper, which shall have been printed, published and of general circulation in said city at least six months prior to the advertising for such proposals, the ordinances, official proceedings of the Council and other matters required in the charter or the ordinances and resolutions of the city to be published in a public newspaper, such proposals to state the price per inch for the first insertion and for each additional insertion of all matter so to be published, said proposals to be marked "Proposals for Advertising,' and addressed to the The City Council, which proposals shall be opened at the next meeting of the Council and the contract for such publishing awarded to such daily newspaper bidding the lowest there- for, which papers shall be declared the official paper of the city; Pro- vided, That in determining which is the lowest bidder of the news- papers conforming thereto, regard may be had to the character and value thereof as a medium for advertising and for placing before the tax payers of said city the matters herein provided to be advertised. And in case any two bids are the same, the Council may by vote select one of such papers; Provided, further, That if each and all of said proposals fix a price exceeding thirty (30) cents per inch for any first or additional insertion of such matters, the Council may reject all such proposals, and adopt such other method of publishing such matter as it may, in its discretion, determine; Provided, further, That the proprietor or proprietors of such paper shall enter into a written con- tract for the performance of the duties required of such proprietor or publisher, and give bond in the sum of twenty-five hundred dollars ($2,500) with two satisfactory sureties, to be approved by the Council conditioned for the faithful performance of such contract. The daily newspaper so designated shall be and remain the official paper of said city, and the contract and bond aforesaid shall remain in force, for MINNEAPOLIS CITY CHARTER. 119 MISCELLANEOUS PROVISIONS. Instead of being sections sections two and three of See end of Charter. the term designated, and until the City Council shall designate another paper as the official paper of the city. publication. SEC. 14. The publisher or publishers of said official paper shall, Amdavits of immediately after the publication of any notice, ordinance or resolu- tion, which by this act is required to be published, file with the Clerk of the city a copy of such publication, with his or their affidavit, or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the Conclusive publication of such notice, ordinance or resolution. evidence. Job printing. SEC. 15. The City Council shall, at its first annual meeting in each year, or as soon thereafter as practicable, cause its City Clerk to advertise in the same manner as hereinbefore prescribed in section thirteen (13), for sealed proposals for doing the job printing of said city; said bids to state the price per 1,000 ems for composition, the price per pound for paper and the price per token for presswork; which said bids shall be marked "Proposals for Job Printing," and Proposals. addressed to the City Council of the City of Minneapolis, and opened Contract, at its next meeting, and the contract awarded to the lowest responsible how bidder. Provided, always, That such lowest bidder shall enter into a written contract for the performance of such job printing, with like contract bond and sureties as specified in section thirteen (13) of this chapter, for the faithful performance of such contract. awarded. Written and bond. *SEC. 16. [Charter a Public Act.] *SEC. 17. [Act to take effect, etc.] *Sections 16 and 17 are so numbered in original act. of chapter 11 of the Charter, they should have been the act itself, and are so placed and numbered herein. CHAPTER XI. Misplaced sections. 120 MINNEAPOLIS CITY CHARTER. : Library board. General powers. Detailed powers. Rules and regulations. Buildings, hired or erected. Agents and employes. Expenditures Full power and au- thority. Composition of board. Elective members. SECTION. 1. The Library Board-General and Special Powers. 2. Composition of Board. -Elections, Resignations, Vacancies, etc. Duties of Judges of Election.-Re- turns and Canvass. Oath of Office.-Officers of the Board-Secretary and Treasurer to Furnish Bonds. Duties of Officers.-Orders, How Drawn.-Depositories of Funds. Tax Levy and Proceeds.—County Auditor's Duties. 3. 4. 5. 6. CHAPTER XII. LIBRARY BOARD. SECTION. 7. Real Estate, How Purchased and Sold.-Donations, Bequests, etc., How Accepted. Annual Meeting.-Regular Special Meetings. Board May Associate With Inde- pendent Societies Owning Li- braries, etc. 10. Libraries and Museums to be For- ever Free.-Rules and Regula- tions. 8. 9. 11. and First Directors.-Temporary Or- ganization, How Effected. (ENTIRE CHAPTER ADDED BY CHAPTER 3, SPECIAL LAWS OF 1885, p. 54.) SECTION I. There is hereby created and established in and for the City of Minneapolis a Board, which shall be styled "The Library Board of the City of Minneapolis." Said Board shall have full power to establish and maintain in the City of Minneapolis public libraries and reading rooms, galleries of art and museums for the use and benefit of the inhabitants of said city, and for the purpose of so doing it shall have the following powers, that is to say: It may adopt a common seal, and be capable of suing and being sued, and of taking by gift, grant, purchase, devise, bequest, or otherwise, any real or per- sonal property, and of using, selling, controlling, conveying, and en- joying the same, and of entering into, making, performing, and enforcing contracts. It may make and publish from time to time by-laws for its own guidance, rules and regulations for the government of its agents, servants and employes, and for the government and regulation of the libraries and other collections under its control. It may hire, or erect and maintain, as it shall deem best, buildings suit- able for the purposes contemplated by this act; but it shall never erect any building upon land to which it has not the title in fee simple. It may appoint all necessary agents and employes,, fix their compensa- tion, and may remove such appointees. It shall have control of the ex- penditures of all moneys collected by taxation or otherwise and placed to the credit of the library fund; and shall, in addition to the herein enumerated powers, have full power and authority to undertake and perform every act necessary or proper to carry out the spirit and intent of this act. GA *Sec. 2. Said Library Board shall consist of the Mayor of the City of Minneapolis, the President of the Board of Education of the City of Minneapolis, the President of the University of the State of Minnesota, who shall respectively be ex officio members thereof, and six (6) other members, who shall be elected from time to time *as herein provided, by the legal voters of the City of Minneapolis, and who shall be resident and qualified electors of said city. At the *an- *Annual elections abolished. See chapter 10, section 2. Special Laws 1887, pp. 434 and 435, for amendment to and construction of this section. See also section 2, chapter 2, of this charter, p. 25. MINNEAPOLIS CITY CHARTER. 121 LIBRARY BOARD. CHAPTER XII. in 1886. Subsequent nual city election to be holden on the first (1st) Tuesday of April, A. D. Election one thousand eight hundred and eighty-six (1886), there shall be elected two (2) Library Directors, for the term of six (6) years, and thereafter there shall every second (2d) year be elected two (2) Li- brary Directors for the term of six (6) years from the third (3d) elections. Tuesday in April after their election. In case any Library Director shall die, resign, remove from the district, or otherwise vacate his offiice Vacancies. more than one (1) year before the expiration of his term of office, a Library Director may be chosen at the annual election after such va- cancy shall occur to fill the place of the unexpired term of the Director so vacating.t directors, how elected. SEC. 3. All elections for Library Directors shall be at the annual Library city election and as a part of such city election, and such Library Directors shall be voted for upon a separate ballot, and a separate ballot box shall be provided at each precinct, which shall be kept by the judges to receive the ballots of such persons as are entitled to vote for such Library Directors. The Judges of Election shall make returns of the votes cast for Library Directors, and the City Council shall can- vass the same as in the case of city officers, and the City Clerk shall forthwith notify the persons elected of their election, and in all mat- ters not herein especially provided for touching such election the rules provided for the election of city officers of said city shall apply. secretary Sec. 4. Every Library Director, before he shall enter upon the Oath of office duties of his office, shall take, subscribe and file in the office of the City Clerk of said city, an oath or affirmation that he will support the constitution and laws of the State of Minnesota, and discharge the duties of his office to the best of his ability. The officers of the Library Officers of Board of the City of Minneapolis shall consist of a President and the board. Secretary, who shall be Library Directors. The City Treasurer shall be Treasurer of the board, and the Comptroller shall perform such duties in connection therewith as hereinafter prescribed. The Secre- Bonds of tary of the board and the City Treasurer of the City of Minneapolis and shall each, before entering upon the duties of his office, execute and treasurer. deliver to the Library Board of the City of Minneapolis a good and sufficient bond, payable to the Library Board of the City of Minneapo- lis, in such sum as shall be fixed upon by the board, and with sureties who shall be freeholders of said city, and shall be approved by the board, and who shall justify in the aggregate to double the amount Conditions. of the bond, conditioned that the principal in the bond shall well and faithfully perform and discharge all the duties of his office, and pay and turn over to his successor, or to whomsoever the board may direct, all moneys, and every valuable thing which shall come into his hands by Bonds to be virtue of his office, belonging to said board. Such bonds shall be filed for safe keeping with the City Comptroller of the City of Minneapolis. SEC. 5. The President, or, in his absence, a President pro tem- Duties of pore, shall preside at all meetings of the board, and sign all orders on the Treasurer, for all moneys voted to be paid, and shall perform all duties necessary for the transaction of the business of the Board, and which are usually performed by the President of a corporation. The Secretary, or, in his absence, the Secretary pro tempore, shall keep keep record, filed. president. to etc. As to filling vacancy, see chapter 162, General Laws 1899, p. 168. ballot box. Separate Returns and canvass. 122 MINNEAPOLIS CITY CHARTER. CHAPTER XII. Orders, how drawn and paid. a full and fair record of all the proceedings of the Board at its meet- ings, and shall draw and attest all orders drawn upon the Treasurer, and keep a record thereof showing the date, number, amount, purpose for which drawn, and name of payee of each order separately. ´All such orders shall be made payable to the order of the payee therein named, and shall not be paid without his endorsement, either person- ally or by his authorized agent or attorney. The Secretary shall per- form such other duties as are usually performed by such officer, or as may be directed by the Board, and shall draw no orders on the Treas- urer except such as have been allowed by the Board, by a majority vote of all its members, taken by ayes and nays, and entered on the Duties of city record of the proceedings of the Board. The City Comptroller shall keep the regular books of account of the Board, in which he shall enter all indebtedness of such Board, and which shall at all times show the precise financial condition of said Board, the amount of bonds, orders or other evidences of indebtedness outstanding, and the redemption of the same when redeemed, and he shall countersign all bonds, orders, or other evidences of indebtedness of said Board and keep an exact account thereof, showing to whom and for what purpose issued and the amount of each, and all moneys received or paid out by the City Treasurer on account of said Board. All claims allowed by the Board shall, before they are paid, be audited by the Comptroller. The City Duties of city Treasurer shall receive and safely keep all moneys of the Board and treasurer. pay the same only upon orders signed by the President and attested by the Secretary of the Board and countersigned by the Comptroller and properly endorsed by the payee, and shall keep full books, records. and vouchers of all his transactions. He shall deposit the moneys of said Board as the moneys of the City of Minneapolis, in any banks which shall be designated by the City Council of said city as depos- itories of funds of said city, and the funds while so on deposit in such banks shall for all purposes connected with such deposit be regarded as the money of the City of Minneapolis, and may be recovered as such by said city from said banks, and the sureties of such banks, upon the bonds which said bank shall execute to the said city, but when drawn or recovered from such banks shall be accounted for to its proper fund. And the Treasurer shall have the same exemption respecting such funds deposited in such banks as in respect to other funds of said city. The Secretary of the Board is hereby forbidden from signing or issuing any orders upon the Treasurer of said Board, except when there is money in the hands of the Treasurer to pay the same. The said Board shall never issue any bond or promissory note, certificate of indebted- ness, or other obligation for the payment of money, except the same shall be made to become due at a date not later than the first day of July then next ensuing, and then for no greater sum than can be paid, when due, out of the regular revenues of the Board for the fiscal year in which such bond, note, certificate or other obligation of indebtedness. is issued. Other duties of secretary. Bonds and financial accounts. Comptroller to audit claims. Funds, how deposited. Funds, how recovered. Treasurer exempt from liability. Orders not to be signed when funds exhausted. Bonds, etc., when to be paid. Tax levy. LIBRARY BOARD. SEC. 6. Said Library Board is hereby authorized and empowered to levy upon the taxable property of said city, in each and every year, such taxes as will raise sufficient sums of money as will be required during the succeeding year for the establishment, maintenance and MINNEAPOLIS CITY CHARTER. 123 LIBRARY BOARD. CHAPTER XII. Return of Collection government of the libraries and collections contemplated by this act, and for the payment of all other expenses properly incidental to the same. Provided that the aggregate annual levy of such taxes shall never exceed in any one year one-half (½) of one (1) mill on the dollar upon the assessed valuation of said district. The Board shall make a return of its annual levy of taxes on or before the first (1st) tax levy. day of November of every year to the County Auditor of the County of Hennepin, and such taxes shall be collected and the payment of tax thereof enforced with and in like manner as state and county taxes are collected and the payment thereof enforced; and when collected shall, together with all costs, interest and penalties collected thereon, be paid over by the County Treasurer to the City Treasurer of the City of Minneapolis as often as said County Treasurer is required to make settlement with said City Treasurer in respect to city taxes. Provided, however, That if, for any reason, said Board shall in any Taxlevard year fail to make return of its annual levy of taxes to the County fails. Auditor by the time herein specified, that in such case the rate of taxation determined and fixed by the Board of Tax Levy of Hennepin County as the maximum rate which said Library Board shall levy for such year, shall be taken to be the rate of taxation determined upon by said Library Board for such year, and the County Auditor shall govern county himself accordingly, and any taxes which shall hereafter be extended auditor. upon the tax list of Hennepin County by the County Auditor of said county, based upon the action of the Board of Tax Levy, said Library Board having for any reason failed to make a return as herein pro- vided, shall be and remain legal and valid. when of SEC. 7. Said Library Board may purchase real estate for the purposes contemplated by this act, whenever six (6) Library Directors shall vote to make such purchase, and the Board may also sell and convey any of its real estate, but only when five (5) of the Library Directors shall vote to make such sale. In the case of sale of real estate by the Board the deed of conveyance thereof may be executed by the President and Secretary officially, having the seal of the Board affixed thereto. All votes under this section shall be by yeas and nays, and recorded in the record of the proceedings of the Board. Any person desiring to make donations of money, personal property, real estate, for any of the purposes herein contemplated, shall have the right to vest the title to the money, property or real estate so donated in the Board of Directors created under this act, to be held and controlled by such Board when accepted, according to the terms of the deed, gift, devise or bequest of such property, and as to such property the Board shall be held and considered to be special trustees. Vacancies SEC. 8. The annual meeting of the Board for the election of its officers for the year shall always be on the third Tuesday in April, at such hour and place as the Board may by its rules appoint for its regular meetings. But vacancies may be filled whenever they shall happen filled, when. during the year, and officers shall hold until their successors are elected and qualified, unless they cease to be eligible. The regular Regular and meetings of the Board shall be fixed by its rules and laws. Special ings. meetings may be called by the President or any two Library Directors, by written notice, stating the time, place and object of the meeting, to special meet- Limited to mill. one-half Purchase or sale of real estate. Conveyance, how ex- ecuted. recorded. Votes to be Donors may vest title in board. Board trustees. special Annual meeting. 124 MINNEAPOLIS CITY CHARTER. CHAPTER XII. Chance meetings legalized. Association with societies for kindred purposes. Libraries, etc., to be forever free. First board of directors. Designated elective members. SEC. IO. All libraries and museums established under this act, and, so far as consistent with the preceding section, all collections in any manner under the charge of the Library Board herein established, shall be forever free to the inhabitants of the City of Minneapolis; always subject, however, to such reasonable rules and regulations as shall be necessary for their effective administration. SEC. II. That Thomas Lowry, M. B. Koon, John Atwater, Sven Oftedal, T. B. Walker, E. M. Johnson, together with the Mayor of the City of Minneapolis, ex-officio; the President of the Board of Edu- cation of the City of Minneapolis, ex-officio; the President of the University of the State of Minnesota, ex-officio, are hereby appointed and constituted the first Directors of the Library Board of the City of Minneapolis, and the six (6) first above named shall be the elective members of said Board and *shall hold office, two (2) for one (1) year, two (2) for three (3) years, and two (2) for five (5) years, from the third (3d) Tuesday in April next following the passage of this act; and at their first (1st) regular meeting shall cast lots for such respec- tive terms. The Library Board herein appointed shall meet at the organization. office of the City Clerk of said City of Minneapolis, on Saturday, the Temporary twenty-first (21st) day of March, one thousand eight hundred and eighty-five (1885), or so soon thereafter as practicable, and may then and there effect a temporary organization, and attend to the transac- tion of any business. *See chapter 2 of Charter, and note to section 2 of this chapter. ORGANIC ACT. Charter a public act. LIBRARY BOARD, Act to take effect. be served personally or by mail, at least twenty-four (24) hours before such meeting. But whenever a majority of all the Directors are pres- ent at any meeting the same shall be a legal meeting at which any busi- ness which could come before a regular meeting may be transacted, irrespective of whether any legal notice was given for such meeting or not. SEC. 9. Said Library Board may enter into association with any independent society or other organization owning libraries, or mu- seums, or existing for purposes kindred to those contemplated in this act, upon such terms and conditions as shall best promote the object for which said Board is created. *SECTION TWO. This City Charter shall be a public act and need not be pleaded nor proved in any case. *SECTION THREE. This act shall take effect and be in force from and after its passage; but nothing herein contained shall be construed as repealing or in any- wise modifying any of the provisions of chapter three hundred and thirty-eight (338) of the Special Laws of eighteen hundred and Tax levy act not modified, seventy-nine (1879), being An Act to create a Board of Tax Levy for the County of Hennepin, and define the powers and duties thereof, approved March 8, 1879. *Erroneously numbered "Sec. 16" and "Sec. 17, "Sec. 16" and "Sec. 17," and inserted as part of chapter 11, in act approved March 8, 1881, Special Laws, chapter 76, Special Laws 1881, p. 493. See note at end of chapter 11, of Charter, p. 119. MINNEAPOLIS CITY CHARTER. 125 See General Laws for provisions restricting or extending powers of Board of Health and general powers and duties of officers, and in effect amending foregoing Charter. See, also,[Municipal Court and Board Acts for General Powers and Duties of Officers therein named. 126 MINNEAPOLIS CITY CHARTER. AMENDMENTS TO CITY CHARTER. See also Summary of Legislative Acts Relative to the Cities of Min- neapolis and St. Anthony. Chapter I.-Sec. Division of Charter. 2.. 2. 2. 2. • Entire Chapter I... Chapter II.-Sec. 3.. 3.. 3.. Entire Chapter II.. Chapter III.-Sec. FROM 1881 TO 1891, INCLUSIVE. 1.. 1.. ?.. • 1.. 2. 3. 1.. 1 (Inoperative) 1.. 5.. 9... • 11 added. 12. 12.. 13.. 14.. • 15 16.. 17.. 18. .. · • 4.. 5... 5. 5.. 6.. 6.. 8.. 9.. • • • • • · • • · • • • • • • • 19.. 25.. 27. 27. 27.. 27.. • · • • · • • • • * • • 29.. 29.. 29. 31 added. 31.... • • • • • • • · • • · • · • · • Approved. Nov. 19 Nov. 22 Feb. 27 March 5 Feb. 27 March 2 April 17 March 4 Feb. 27 Jan. 29 March 5 March 5 April 3 March 5 March 5 April 15 Feb. 27 March 4 March 5 April 15 April 15 March 5 March 5 March 5 April 15 March 5 April 15 Feb. 27 March 5 March 5 April 15 March 5 March 5 March 5 March 5 March 5 March 5 March 5 March 5 Feb. 27 March 5 March 5 April 3 Nov. 17 Feb. 27 April 15 Nov. 17 March 5 Special Laws. Chap. Sec. Page. ex81 ex81 1883 1885 1883 1885 1891 1887 1883 1885 1885 1887 1889 1885 1885 1889 1883 1887 1885 1889 1889 1885 1885 1887 1889 1885 1889 1883 1887 1887 1889 1887 1887 1887 1887 1887 1887 1887 198 53 3 2 3 3 130 10 3 38 2 12 85 2 ૭ 33 3 10 2 33 33 2 2 15 33 2 33 3 15 15 33 15 15 15 • ∞ ∞ m M QI TL-M 23 2 2 1885 1883 1885 1887 14 1889 85 40 ex81 1887 3 1889 33 ex81 40 1885 2 2 3 3 2 1 4-5 1 3 4 1 41 2 0 2 0 5 6 6 14 10 77 8 13 7 13 13 13 15 13 15 13 15 13 14 3 9 13 7 2 15 13 10 8 11 2 .2 1 9 11 1 12 211 105 70 46 71 55 763 426 72,73 146 46 443 702 46 46 593 73 431 46 597 596 46 46,47 451 593 47 597 73 447 451 595 451 451 451 451. 451 451 451 47 73 47 446 703 90 73 596 90 47 MINNEAPOLIS CITY CHARTER. 127 Division of Charter. Chapter IV.-Sec. 2.. Sec. 5, Subd. 1. 1. 1. 5. 7 Sec. Chapter V.—Sec. i 6.. 7.. • • • · • · • • • • • 7... 9.. 14.. 14.. 14.. 14 added.. 17 added.. 18 added.. 1..... 1 1st par.. 2.. 3.. · • ► • • · • • • • • • • • 7. 16.. 21.. • · • • 25 repealed. 27. March 5 27. 27.. March 5 29 repealed. Feb. 19 32 amended April 14 35.. March 5 39 added... Feb. 27 40 added. Feb. 27 41 added... Feb. 27 42 added.. Feb. 27 March 5 43 added... 43 added... March 9 March 5 April 14 March 5 • • • • • • AMENDMENTS. • 44 added.. 44 amended 45 added... 46 added. March 5 -46 (?). 46. March 5 Mch. 20 43 added... added.. 47 added... 10.. 11.. 15.. 16.. 16.. 17.. 21.. 22.. March 2 35.. Chapter VI.-Sec. 35 [no such sect'n]. March 2 April 15 -Sec. 18.. Entire Chapter VI. March 5 Entire Chapter VI. Entire Chapter VI... Chapter VII. Sec. 4.. Chapter VIII.-Sec. 1.. • • • 2.. • · • • · • • · • • Approved. March 5 Feb. 27 March 5 Feb. 28 March 5 Feb. 27 March 5 April 15 March 5 March 5 Feb. 27 • March 9 March 5 March 5 March 5 March 5 Feb. 26 March 5 March 5 Mch. 24 March 5 April 15 Feb. 27 April 15 Feb. 27 Feb. Feb. 27 March 5 March 5 April 15 April 15 March 5 April 15 March 5 1885 1889 1883 1889 1883 27. 1883 1883 1887 Nov. 4 March 5 Special Laws. Chap. Sec. Page. 13 10 14 2-3 April 13 Jan. 27 Feb. 26 March 5 March 7 1885 1883 1885 1887 1887 2 1887 1889 1889 1887 1889 1885 ex81 1885 1887 1887 1889 1887 1889 1891 1885 1885 1885 NW N WU TO W N 3 2 13 12 1883 1885 1889 1885 1887 1883 1887 1887 1887 1891 1887 1883 1883 1883 1883 1885 1885 1885 1891 1885 1885 1887 1889 1885 1887 1887 1887 15 1885 1885 1885 1887 1891 3 2 33 2 9 3 15 12 17 137 15 3 3 3 3 2 co az 11 13 13 13 13 14 1 14 1 2 14 2 14 15 11 82 1 6 1 15 16 15 17 9 15 1 16 3 1 19 17 14 5 15 15 15 18 4 4 12 4 8 6 2 137 Q + Q 2 4 2 15 131 2 33 3 33 3 3 3 www 15 15 33 33 15 33 2 39 2 16 16 33 9 51 135 3 11 14 15 14 1 12 10 4 2 5 211 17 1 18 1 1 17 2 20 1 47 73 47 444 443 74 47 597 47 422 74 451 442 453 769 451 74 74 74 74 47 66 47 769 47 47 451 697 66 452 452 451 48 59 48 447 765 49 598. 75. 594 75. 75. 75 452 448 594 597 448 595 48 90 49 452 452 598 422 665 767 59 49 63 128 MINNEAPOLIS CITY CHARTER. Division of Charter. Chapter VIII.-Sec. 5. 6.. 6.. 10.. 17.. 23.. 25 added... Chapter IX.-Sec. Chapter X.-Sec. 1.. 2. 3.. • 4.. 5.. 5.. 6.. 7. 7.. 7.. 7. • 8.. 8. 9.. 9.. • • 5.. 6.. · • 7.. • • Chapter XI.—Sec. 10.. Chapter XII. added Sec. 2.. • • • 9.. 10.. 10.. 11.. 11.. 12.. 13.. 14. 14.. 15.. 16 [17] added. 1... 4.. 5.. • · ·· • • • • • · • • • 8.. 13.. 15.. 26 added. 27 added. 28 added. 29 added. 29... 29.. 30 [27] added.. 31 [28] added.. • • AMENDMENTS. • • • · · • • Approved. March 5 Nov. 12 Feb. 27 March 5 March 5 March 5 March 5 April 15 March 5 Feb. 27 Feb. 27 Feb. 27 Feb. 26 March 5 Feb. 22 Feb. 26 March 3 March 5 Feb. 26 March 3 Feb. 26 Feb. 26 March 3 Feb. 26 March 3 Feb. 26 March 3 March 3 March 3 Feb. 26 March 3 Feb. 26 Feb. 26 Feb. 26 March 5 March 5 March 5 March 5 March 5 Feb. 27 March 5 March 5 March 5 Feb. 22 Feb. 22 Feb. 22 April 15 Jan. 28 March 5 March 5 Feb. 27 March 2 March 4 Special Laws. Chap. Sec. Page. 1887 15 15 ex81 41 1-2 1883 3 16 1885 2 21 1885 2 22 1885 2 23 1887 1889 1887 1883 1883 1883 1885 1885 1883 1885 1887 1887 1885 1887 1885 1885 1887 1885 1887 1885 1887 1887 1887 1885 1887 1885 1885 1885 1887 1885 1887 1885 1885 1883 1885 1885 1885 1887 11 1887 11 1887 11 1889 33 1889 68 15 1887 1887 15 1883 1885 1887 15 33 15 MMM+Q 3 3 3 4 2 77 4 4 23 4 4 23 4 23 4 23 23 23 4 23 23 1-2 15 4 4 4 15 પે ~~~~~~ 2 5 16 6 ကက 17 18 20 3 24 10 14 Q2 00 LO 8 5 1-2 CO 1-2 1-2 1-2 9 1-2 10 12 13 7 25 15 12 2 26 2 27 3 19 28 29-30 31 6 11 1-2 72 ∞ 1-2 8 NN NOT 2 2 2 9 1 7 7 21 2:: 451 91 76 49 50 50 449 598 449 76 76 77 59 51 98 59 466 450 59,60 466 60 61 466 60 466 60 466 466 466 60 466 61 61 62 449 51 451 52 52 77 52 53 53 438 438 438 595 685 449 450 78 54 435 An Act to Consolidate and Amend the Several Acts Relating to the Municipal Court of the City of Minneapolis. Approved February 20, 1889, Chapter 34, Special Laws 1889, Page 598. SECTION. 1. Consolidation of several Munici- pal Court Acts. Establishment of Municipal Court. -Powers and jurisdiction. 3. Election of Municipal Judge.- Term of office-Acts of Munici- pal Judge legal.-Vacancy filled. Qualifications of Municipal Judge. Powers.-Special Judge.--Acts of Special Judge legal. Clerk-How appointed-How re- moved.—To take oath.-Bond- Fees collected. 6. Power to issue Process.-Process tested-Forms of process-Pro- cess directed for service. Court-Where held.-Judge to fix bail-Clerk to keep record. Clerk to have custody of books, &c.-Powers of Clerk-Fines, etc. paid to City Treasurer- Monthly reports to County Au- ditor-Remittance of fines, etc. -Sheriff accountable-Appoint- ment of Deputy of Deputy Clerks-Oath and Bond-Clerks not to act as Attorneys-Powers of Deputy 2. 4. 5. MUNICIPAL COURT. 7. 8. Clerks. 9. Civil terms-Special terms-Civil actions, summons and service- Answer, when served-Proceed- ings same as in District Court- Exception - Police officer to serve process when Service and return-Pleadings-Security for costs-Allowance of costs- Taxation of costs-Disburse- ments-Objections and appeals. and proceedings. G 10. Attachment-Bond-Writ-Service SECTION. 11. Replevin-Bond and conditions- Writ. Notice of trial-Notes of issue— Calendar. 12. 13. Jury trials-Jurors selected-To serve three months—Absent jurors-Penalty-Special venire -Compensations- Certificates Auditor's warrants-Jury fee- Jurors summoned to be paid. 14. Supreme Court reports-Removal of causes-Motion for new trial -Forcible entries-Form of summons. 15. Judgments liens, when-Tran- scripts, Executions. Garnishment mons returnable. Complaints-Warrants-Plea-Ex- amination-Bastardy. 18. Salary of Judge-Salary of Clerks -Fees charged-Police to serve process-Fees paid to city- Clerk to pay witnesses-No fees charged against City, County or State. 16. 17. 21. 19. Police officers to attend Court- Salary of Police officers-Gratui- ties, &c., to be paid to City- -Failures to be reported-Of- ficers to receive reward, when. 20. District Judge may act, when- Proceedings when title to real estate involved. 22. 23. Summons Sum- W City Attorney to prosecute, when -County Attorney to prosecute, what cases. Blanks, furniture, supplies, etc. Inconsistent acts repealed. 24. Act to take effect when. 1. • 130 MINNEAPOLIS COURT ACTS. Establish- ment of Mu- nipical Court. Powers and jurisdiction. Election of Municipal Judge. Term of office. MUNICIPAL COURT. SECTION I. The act entitled "An Act to establish a Municipal Court in the City of Minneapolis," approved February thirteenth (13th), A. D. eighteen hundred and seventy-four (1874), and the subsequent acts of the legislature amending the same, are hereby con- solidated and amended so as to read as follows: SEC. 2. There shall be established in the City of Minneapolis, in the county of Hennepin, a Municipal Court for the transaction of all business which may lawfully come before it. Said court shall be a court of record and shall have a Clerk and a seal, and shall have jurisdiction to hear, try, and determine civil actions at law, where the amount in controversy does not exceed the sum of five hundred (500) dollars, excepting causes involving title to real estate. It shall also have exclusive jurisdiction to hear all complaints and conduct all examinations and trials in criminal cases, arising or triable within the City of Minneapolis, heretofore cognizable before a justice of the peace. It shall not have jurisdiction of actions for divorce, nor of any action where the relief asked for in the complaint is purely equitable in its nature. Where no provision is otherwise made in this act, said Municipal Court is vested with all the powers which are possessed by the District Courts of the State, and all laws of a general nature apply to said Municipal Court, so far as the same can be made applicable, and not inconsistent with the provisions of this act, and the jurisdiction of said. court shall be co-extensive with the limits of said Hennepin County. SEC. 3. The qualified electors of the City of Minneapolis shall, at the general city election to be held on the first (1st) Tuesday after the first (1st) Monday in November, A. D. eighteen hundred and ninety-four (1894), and every sixth (6th) year thereafter, elect a suitable person having the qualifications hereinafter mentioned, to be Judge of said Municipal Court, who shall be called "Municipal Judge," and shall hold his office for six (6) years from and after the first (1st) Monday in January next succeeding his said election, and until his successor is elected and qualified. The term of office of the Judge of said court, heretofore elected on the first (1st) Tuesday in April, A. D. 1883, shall expire and terminate, and shall be deemed to have expired and terminated, on the first (1st) Monday in January, A. D. 1889, upon the qualification of his successor, as hereinafter provided, and the person elected at the regular city election heretofore held in the City of Minneapolis on November 6th, A. D. 1888, to the office of Judge of the Municipal Court of said city, as heretofore constituted, shall be the judge of said. court until his successor shall be elected and qualified, pursuant to this act. Acts of Mu- Any and all act or acts heretofore done by the person so elected, nicipal Judge he having qualified and acted, and being now acting as such judge, done by virtue of his said office, are hereby declared to be legal and valid, and such election shall in all respects be held legal and valid, and said person entitled to take and hold his said office on and after the first (1st) Monday in January, 1889, for and during the six years next ensuing and until his successor shall be elected and qualified. } MINNEAPOLIS COURT ACTS. 131 MUNICIPAL COURT. In case of any vacancy in the office of Municipal Judge, the Gov- Vacancy ernor of the State of Minnesota shall appoint some suitable person having the necessary qualifications to said office until the next regular city election, when a judge shall be elected for the full term of six years. SEC. 4. The Judge of the Municipal Court shall be a resident of Minneapolis, a person learned in the law, and duly admitted to practice in all the courts of this state. Before entering upon the duties of his office he shall take and subscribe an oath, as prescribed in the General Statutes for judicial officers; which oath shall be filed in the office of the City Clerk of said city. He shall have the general powers of the Judge of Courts of Powers. Record and may administer oaths, take and certify acknowledgments, fix the amount of bail or the amount of money to be deposited in court in lieu thereof, and as a conservator of the peace, shall have all power and authority which is, or may hereafter be vested in justices of the peace or any other judicial officer. There shall be one Special Judge of said Court whose time and Special judge manner of election, term of office, powers, duties and qualifications shall be the same as those of the Judge, and his successors shall be elected and vacancies in his office filled in like manner. The person elected at the regular city election heretofore held in the City of Minneapolis on November sixth (6th), A. D. eighteen hundred and eighty-eight (1888), to the office of Special Judge, of the Municipal Court of said city, as then constituted, shall be the Special Judge of said court until his successor shall be elected and qualified pursuant to this act. Qualifica- tions of Mu- nicipal Judge. Any and all act or acts heretofore done by the person so elected, he having qualified and acted and being now acting as such Special Judge, done by virtue of his said office, are hereby declared to be legal and valid, and such election shall in all things be held to be legal and valid, and said person entitled to take and hold his said office on and after the first (1st) Monday in January, A. D. eighteen hundred and eighty-nine (1889), for and during the term of six (6) years then next ensuing and until his successor shall be elected and qualified. pointment, SEC. 5. There shall be a Clerk of said Municipal Court, whose Clerk, ap- term of office shall be six years from and after his appointment, who how re- shall be appointed by the Judge of said court with the advice and moved. consent of the City Council of the City of Minneapolis, and the Judge shall have power to remove said Clerk at any time for cause, or he may be removed by a two-thirds vote of the whole number of aldermen elected to the City Council. Acts of special judge legal. Such Clerk, before he enters upon the duties of his office, shall Take oath. take and subscribe an oath to support the Constitution of the United States and of the State of Minnesota, and to faithfully and honestly discharge and perform the duties of his office, and shall execute to the City of Minneapolis a penal bond, in such sum and with such sureties. as the City Council shall direct and approve, conditioned that he will account to and pay over to the Treasurer of said city, on the first Monday of every month, all fines, penalties, fees and other moneys be- longing to or to go to said city, which may have come into his hands during the month next preceding, and that he will at all times pay over Give bond. Account for fees collected. 132 MINNEAPOLIS COURT ACTS. Power to issue process. Process tested. F'orm of process. Process directed for service. Court, where held. Judge to fix bail. Clerk to keep record. Clerk to have custody of books, etc. MUNICIPAL COURT. 7 to all other persons, on demand all moneys to which they may be en- titled which may have come into his hands in virtue of or by reason of his office, and that at the end of his term of office he will forthwith pay over to the City of Minneapolis all moneys to which said city shall then be entitled, and to his successor in office all other moneys then remaining in his hands, and which shall have come into his hands in virtue of or by reason of his office. Such oath and bond shall be filed in the office of the City Clerk of said city. (As amended by Chap. 387, Sp. Laws 1901, p. 656.) SEC. 6. The Municipal Court shall have full power and authority to issue all process, civil and criminal, necessary or proper to carry into effect the jurisdiction given it by law, and its judgments and other determinations. And it shall have and possess all the powers usually possessed by courts of record at common law, subject to the modifica- tions of the statutes of this state applicable to courts of record, except that it shall not have jurisdiction to issue writs of habeas corpus, quo warranto, ne-exeat, mandamus, prohibition or injunction. All process shall be tested in the name of the judge, and issued under the seal of the court and signed by the clerk, who shall be styled "Clerk of the Municipal Court." And the forms of process may be prescribed by the court, by rule or otherwise, and any form so prescribed shall be valid and suffi- cient, and such forms may be changed from time to time by the court. In the absence of such prescribed forms, the forms of process in use. either in courts of record in this state, or by justices of the peace, may be changed and adapted to the style of the court and used at the dis- cretion of the court or clerk. Process may be directed for service "To any police officer of the City of Minneapolis, or to the sheriff or any constable of said county." G SEC. 7. The Municipal Court shall be held in the City of Min- neapolis at some suitable place to be provided therefor by the City Council. Its judge shall be the chief magistrate of the city, and shall see that the criminal laws of the state, and the ordinances, laws, regu- lations, and by-laws of said city, are observed and executed, and for that purpose shall open his court every morning (Sundays and legal holidays excepted) and proceed to hear and dispose of, in a summary manner, all cases which shall be brought before him, by the police officers of the city or otherwise, either with or without process, for violations of the criminal laws of this state, committed within the County of Hennepin, or of the ordinances, laws, regulations or by-laws of said city. Said judge shall have power to fix bail in all cases where bail is allowed to be given under the laws of this state; and in all such cases the person required to give bail may in lieu thereof deposit in said court a sum of money-legal tender of the United States-equal the amount of the bail so fixed. The Clerk of the Court shall keep a record of all proceedings and enter all orders, judgments and sentences under the supervision of the judge, and issue commitments and executions, as well as other process. SEC. 8. The Clerk of the Municipal Court shall have the custody and care of the books, papers and records of said court; in case of his absence the judge may appoint some person temporarily in his place. MINNEAPOLIS COURT ACTS. 133 MUNICIPAL COURT. clerk. The Clerk of said Municipal Court is hereby vested with all the Powers of powers and authority now possessed by notaries public and clerks of the District Courts of this state in taking acknowledgments, and ad- ministering oaths and affirmations, and swearing witnesses. He shall keep minutes of all proceedings, and enter all judgments, and make up and keep the records of the court, under the direction of the judge. He shall tax all costs and disbursements allowed in any action, subject to review by the judge, and do all other acts and things necessary or proper to the enforcing and carrying out of the jurisdiction of the Municipal Court. He shall receive all fines, penalties, and fees of every kind accruing to the court or any officer thereof, including police officers, and including also witness fees in criminal cases, and keep full, accurate and detailed accounts of the same, and shall, on the first Monday of every month, deliver to the City Treasurer of the City of Minneapolis, all moneys so received, or proper vouchers therefor, as herein provided, with detailed accounts thereof, and take his receipt therefor. But all penalties collected for the forfeiture of any bond, recognizance or bail given in said court shall be paid to the Minne- apolis Bar Association, to be applied to the support of the law library of said association, and the receipt of the treasurer of said association to said clerk shall be a sufficient voucher for such sums so paid. Provided, that the said Minneapolis Bar Association shall by proper action grant the free use of its library, and the books therein, to any and all judges of the courts of record of the State of Minnesota. Provided further, that when the amount so received by said association in any one year shall exceed twenty-five hundred ($2,500) dollars, all moneys in excess of that amount shall be paid over to the City of Minneapolis. The Clerk of said Municipal Court shall also make de- Monthly tailed monthly reports of all persons who are committed to the county County jail of the County of Hennepin under sentence of said Municipal Court, Auditor. and of all who are committed in default of bail, to the county auditor of Hennepin County on the first (1st) day of each month, or on the second (2d) if the first (1st) day comes on Sunday or on a legal holiday, and shall show the name of every person committed during the previous month and since the last report, the nature and cause of the commitment, the length of time for which committed, the offense for which committed, the date of commitment in each case, and whether committed by virtue of a prosecution under the state laws or under the ordinances of said city, and shall also show the names of all persons discharged from said jail since the last report by order of said Munici- pal Court, because of such discharge and the date thereof. In all Remittance cases where the Judge of said Municipal Court remits a fine or sus- pends a sentence after commitment to the county jail, and in all cases where a person committed to said jail secures his release by the pay- ment of a fine in default of which he is committed, the person im- prisoned shall not be released except upon the order of said Municipal Court and the presentation to the sheriff of said county or to the jailor a written transcript of said order authenticated by the clerk of said court under its seal, which transcript, in case of payment of a fine, shall not be issued or given until the actual payment to the clerk of said Municipal Court of the amount of fine is paid. reports to of fine. Fines, etc., Treasurer. paid to City 134 MINNEAPOLIS COURT ACTS. Sheriff ac- countable. of deputy clerks. The sheriff of said county shall be held strictly accountable for a breach of official duty if, in any of the cases above named a prisoner be released without the presentation of the written evidence above re- quired. The clerk of said court may, when authorized so to do by the City Council of the City of Minneapolis, if in their discretion they deem the appointment necessary, with the sanction of the judge of Appointment said court, appoint one (1) or more deputy clerks of said Municipal Court, for whose acts the said clerk of said court shall be responsible, and said deputy or deputies shall be appointed under the hand of said clerk and seal of said court, with the sanction of said judge, endorsed on the back of such appointment; and before any deputy clerk of said court shall enter upon the duties of his office he shall take and sub- scribe the same oath prescribed and required to be taken by the clerk of said court, and execute a bond, for the faithful performance of his duty as such deputy clerk to be approved by said clerk, which oath, together with the appointment of said deputy clerk, and such bond shall be filed in the office of the City Clerk of said City of Minneapolis, and the clerk of said court or the judge thereof may at any time re- move any deputy appointed under the provisions of this act. Neither the said Clerk of the Municipal Court, nor any deputy clerk, shall act as an attorney in any case in said court. The deputy clerks appointed under the provisions of this act may administer oaths, take acknowledgments and perform all the duties pertaining to the office of Clerk of said Municipal Court. Oath and bonds. Clerks not to act as attorneys. Powers of deputy clerks. Regular civil terms. Special terms. Civil actions. Summons and service. Answer, when served. Proceedings same as in District Court. Exception. MUNICIPAL COURT. SEC. 9. The Municipal Court shall hold regular terms for the trial of civil actions on the first (1st) and third (3d) Tuesdays of every month, except during the months of July and August, which terms shall continue from day to day with such adjournments as to the court may seem proper, until the business of each term is finished; and the court may, by rule or order, appoint such terms to be held oftener or upon other days than the days above mentioned. Civil actions in said court shall be commenced by the service of a summons as hereinafter provided. The summons must be subscribed by the plaintiff, or his attorney, and directed to the defendant, re- quiring him to answer the complaint and serve a copy of his answer to the person whose name is subscribed to the summons, at a place within the state therein specified, in which there is a post office, within ten (10) days after the service of the summons, exclusive of the day of service. The notice to be contained in the summons, the manner of service of the summons, pleadings, notices and appearances, shall be the same as that required by law in the District Courts of the state, and the provisions of title one (1), two (2), three (3), five (5), six (6), seven (7), eight (8), nine (9), ten (10), thirteen (13), fourteen (14), fifteen (15), sixteen (16), seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), and twenty-three (23), of chapter sixty-six (66), general statutes of one thousand eight hundred and seventy-eight (1878), so far as the same may be ap- plicable, except that the time for demurrer and reply shall be ten (10) days, and except as the same may be modified, changed or altered by this act, shall apply to said Municipal Court, and all officers acting by authority thereof. MINNEAPOLIS COURT ACTS. 135 MUNICIPAL COURT. Police offi- cer not to when. No police officer of said city shall serve or attempt to serve any summons, process or paper in any civil action in said court, unless the serve process complaint in such action shall have been previously filed with the clerk of said court, and in any case wherein such complaint is so filed said clerk shall, when requested so to do, note, or indorse the fact of such filing upon the back of said summons or process. And whenever any such summons, process or paper, in any civil action shall have been delivered to any police officer for service, he shall, as soon as practi- cable thereafter, make proper return to said clerk whether said sum- mons, process or paper shall have been served or not, and if not served return. the reason therefor. And after the issuing of execution against the property of any judgment debtor, any person indebted to such judg- ment debtor may pay the amount of such debt or so much thereof as may satisfy such execution, to the officer holding such execution, and the receipt of such officer, reciting the facts, shall be a sufficient dis- charge and satisfaction of so much of said debt as is paid over to such officer. Service and - The pleadings in civil actions in said court shall be the same as in the district courts of the state, subject to such modifications as the court may by rule prescribe. Said court shall also have authority to provide by rule that the plaintiff or moving party in any civil action or proceeding shall by bond, recognizance or deposit of money with the clerk, give security for costs in such sum as the court may designate by such rule, before any summons or other process shall issue in the action. *Costs are allowed the prevailing party in actions commenced in Allowance said Municipal Court, as follows: of costs. To the plaintiff, upon a judgment in his favor, upon a trial upon To plaintiff. the merits, when the amount thereof, or value of personal property recovered, exclusive of costs and disbursements, exceeds fifty dollars ($50) and is less than one hundred dollars ($100), five dollars ($5). To the defendant when judgment is rendered in his favor upon the To defendant merits after a trial of an issue of fact, when the amount claimed in the complaint, or value of personal property in replevin, is less than one hundred dollars ($100), five dollars ($5). To the plaintiff, upon a judgment in his favor of one hundred To plaintiff. dollars ($100) or more, or in actions or replevin, when the value of the property is one hundred dollars ($100) or more, when no issue of fact or law is joined, five dollars ($5), when an issue is joined ten dollars ($10). To the defendant when the amount claimed in the To defendant complaint is one hundred dollars ($100) or more, upon discontinuance or dismissal, five dollars ($5); when judgment is rendered in his favor on the merits, ten dollars ($10). of costs. Costs and disbursements shall be taxed and allowed in the first Taxation (1st) instance by the clerk upon two (2) days' notice by either party, and inserted in the entry of the judgment. The disbursements shall be stated in detail, and verified by affi- davits, which shall be filed. The party objecting to any item shall specify in writing the ground of objection; and the same, in case of appeal, shall be certi- *For costs in actions for labor. see chapter 41, General Laws 1891, p. 121; and amendment thereto, chapter 109, General Laws 1895, p. 239. Pleadings as Court. in District Security Disburse- ments. Objections and appeals. 136 MINNEAPOLIS COURT ACTS. Attachment. Bond. Writ. Other forms. Service and proceedings. Replevin. Bond and conditions. Writ. fied by the clerk and the appeal shall be heard and determined upon the objections so certified and none other. MUNICIPAL COURT. SEC. 10. Any creditor desiring to proceed by attachment in said court, may, at the time of commencing the action, or thereafter, and while said action is still pending, by himself, his agent or attorney, make and file with the clerk an affidavit similar to the affidavit required by law in an action for writ of attachment in the district courts of the state, and also cause to be filed a bond with sufficient sureties to be approved by one (1) of the judges, and similar to the bond re- quired on a like application in the district courts of the state. The writ of attachment may be in form as follows: STATE OF MINNESOTA, County of Hennepin. } SS. MUNICIPAL COURT, City of Minneapolis. The State of Minnesota to any police officer of the City of Min- neapolis, or to the sheriff or any constable of said county: You are hereby commanded to attach the goods, chattels, moneys, effects and credits of..... .or so much thereof as shall be sufficient to satisfy the sum of......dollars, with interest and costs of suit, in whosesoever hands or possession the same may be found in said coun- ty of Hennepin and so provide that the same may be subject to fur- ther proceedings as the law requires, and make due return of this writ. Municipal Judge, this…………. Witness the Honorable.. day of ... A. D., 18.... (L. S.) Clerk of the Municipal Court. Or the writ may be in any other form that the court may by rule prescribe. In all other respects the service of the writ and other pro- ceedings thereon shall be similar as near as may be to the service of such writ and proceedings in the district courts of the state. SEC. II. When the object of an action is to recover the pos- session of personal property, the plaintiff, his agent or attorney, shall make and file his complaint in writing together with an affidavit, simi- lar to the affidavit required in the district courts of the state in like action. The plaintiff, or some person in his behalf, shall execute a bond with sufficient sureties to be approved by one of the judges con- ditioned similar to bonds in such actions in the district courts of the state, and file such bond. It shall not be necessary to serve on the defendant any copy of such bond or affidavit. An action may bę maintained on such bonds as upon similar bonds filed in like action in the district courts of the state. The clerk shall thereupon issue the writ which shall be in form as follows: STATE OF MINNESOTA, MUNICIPAL COURT, County of Hennepin. ss. City of Minneapolis. The State of Minnesota to any police officer of the City of Minne- apolis, or to the sheriff, or any constable of said county: MINNEAPOLIS COURT ACTS. 137 Whereas MUNICIPAL COURT. complains that .has become possessed of and the said... • unjustly detains from. the following described goods and chattels, that is to say. • • · Therefore you are hereby commanded that you cause the said goods and chattels to be replevined without delay, and in case the defendant or some one in his behalf does not file a bond in this court for the delivery of such property, as provided by law, approved by said court, within three (3) days from said taking, then to deliver the said goods and chattels to said. Witness the Honorable.... Municipal Judge, this....day of. (L.S.) A. D., 18.... Clerk of the Municipal Court. trial. SEC. 12. Notices of trial shall be served as in the district courts Notice of of the state, at least three (3) days before the term, and notes of issue as required in the district courts of the state, shall be filed with the clerk at least one (1) day before the term, subject to such modi- fications as the court may by rule prescribe. The clerk of the court shall, prior to each term of the court, make Calendar. up a calendar of causes which will come up for trial, or for any dis- position before the court at such term, adopting such arrangement as the judge may direct, and the court shall direct the order of the trial, and other disposition of causes. SEC. 13. Trial by jury in the Municipal Court shall in all respects be conducted as in the district courts of said state, and all laws of a general nature applicable to jury trials in said district courts shall apply to said Municipal Court, except as hereinafter provided. selected. Jurors for said Municipal Court shall be provided and drawn in Jurors How the following manner, to-wit: The Mayor or President of the City Council of the City of Minneapolis, the City Clerk and one of the Judges of said Municipal Court shall, on the second (2nd) Monday of February, May, August, and November in each year, at the office of the City Clerk of said city, meet, and from the legal voters of said city select and designate sixty-three (63) legal voters of said city as the jurors of said Municipal Court, to serve therein when required To serve and drawn, during the succeeding three (3) months, and until their three months successors are selected and certified; and shall thereupon certify said names so selected to the Clerk of said Municipal Court, who shall thereupon write said names upon separate ballots and place the same Drawing of in a wheel or box, and on the Thursday preceding the beginning of the jury. first term in each month, the clerk of said court, by lot, draw twenty- one (21) ballots therefrom, the persons named upon which shall be forthwith summoned to attend at said court on the second day of the term then next ensuing and until excused by the court; out of the jurors so drawn and summoned, jurors shall be selected when re- quired in the same manner as in the district courts of the state. When- ever a jury is required in a criminal case, it shall be selected from the panel so drawn. Jury trials. P 138 MINNEAPOLIS COURT ACTS. No juror to serve more than two terms. Absent jurors. Penalty. Special venire. Compensa- tion of jurors. Jurors' certificates. Auditors' warrants. Jury fee. Jurors sum- moned to be paid. Supreme Court reports. Removal of causes. Motion for new trial. Forcible entries. MUNICIPAL COURT. Provided, however, that no juror shall be required to attend, as such, more than two terms in any one year. As fast as each series of twenty (20) jurors shall have so served, the ballots containing their names shall be destroyed. If any person duly drawn and sum- moned to attend as juror in said court, neglects to so attend, without sufficient excuse, he shall pay a fine not exceeding thirty dollars ($30), which shall be imposed by the court, and imprisonment until such fine is paid, not exceeding thirty (30) days. Whenever deemed necessary, said court shall have power to issue a special venire. Jurors so summoned and attending as aforesaid in said Municipal Court shall be entitled to like compensation as jurors in the District Court of Hennepin county, and shall be paid out of the county treas- ury of said county of Hennepin. The Clerk of said Municipal Court shall deliver to each juror a certificate for the number of days attendance and service, and miles traveled for which he is entitled to receive compensation. This certificate of the clerk for service rendered as such juror in the Municipal Court shall be filed with the County Auditor, who shall issue his warrant on the treasurer of the county for the amount due, which certificate shall be a proper and sufficient voucher for the issuance of such warrant. And the party demanding a jury in any civil action shall be re- quired to advance and pay to the clerk of said court on the first (1st) day of the term at which such action is set for trial, a jury fee of three dollars ($3), and unless such jury is demanded and such fee paid upon the calling of the calendar on the first day of the term at which the same is set for trial, it shall be considered to be, and the same shall be, waived and said action tried by the court. Any juror who has been regularly summoned to attend in said court, and who shall actually attend said court at the time named in such summons, shall be entitled to his per diem and mileage whether he shall actually have been sworn as a juror or not. SEC. 14. Section four (4) of chapter twenty-seven (27) of the general statutes relative to reporter of the Supreme Court and the distribution of the Supreme Court reports, shall apply to the Judges. of the said Municipal Court. And all causes may be removed from the said Municipal Court to the Supreme Court of the State of Min- nesota in the same manner and upon like proceedings, and with like effect, as from District Courts. Provided, however, that when a mo- tion for a new trial is made upon the minutes of the judge, or upon the minutes of the stenographic reporter, where there is such reporter, it may be heard at the term of court next succeeding the term at which the trial is had, or the verdict or decision rendered. And said Mu- nicipal Court shall have jurisdiction of action of forcible entries and unlawful detainers and may fix return days for such actions on other than the regular return days of said court, and chapter eighty-four (84) of the general statutes, relative to the forcible entries and un- lawful detainers, shall apply to said Municipal Court, and the sum- mons issued by the clerk in such actions may be in form as follows: < MINNEAPOLIS COURT ACTS. 139 MUNICIPAL COURT. STATE OF MINNESOTA, MUNICIPAL COURT, County of Hennepin. ( ss. City of Minneapolis. } ss. The State of Minnesota to any police officer of the City of Minne- apolis, or the sheriff or any constable of said county: Whereas... ...of..... has filed in the office of the clerk of the above named court a complaint against... of the county of Hennepin and state aforesaid, for that the said..... now does at... in said Hennepin County, wrongfully and unlawfully detain from the said.. complainant, the possession of the fol- lowing described premises lying and being. in the county of Hennepin aforesaid, viz.. • • Wherefore... judgment against the said. the premises hereinbefore described, according to law, and for the costs and disbursements of this action. .. • • Therefore, you are hereby commanded to summon the said..... if to be found in said county, to appear before said court at the Municipal Court room in the City of Minneapolis, în said County of Hennepin, on... ....the.. . . . . day of...... A. D. 18.., at....o'clock in the. .noon, then and there to make answer to and defend against the. .complainant aforesaid, and further to be dealt with according to law, and make due return to said court of the summons with your doing thereon. Witness the Honorable.. Municipal Judge, at the City of Minneapolis, this....day of......A. D. 18………. 18.... (L.S.) Clerk of Municipal Court. complainant, asks that he have ....for the restitution of Form of summons. real estate, when. Transcript SEC. 15. No judgment rendered in said Municipal Court shall No lien on attach as a lien upon real estate until transcript thereof shall be filed in the District Court as hereinafter provided. *But writs of execution thereon in civil actions may issue against the goods and chattels of the judgment debtor, returnable within thirty (30) days as in justices' courts. Every person in whose favor a judgment is rendered in said Municipal Court, for an amount exceeding ten dollars ($10) besides costs and disbursements, may upon paying the fee therefor and all of judgment. unpaid fees payable to the clerk in such action, demand and shall receive from such clerk a transcript of such judgment duly certified, and may file the same in the office of the clerk of the District Court of Hennepin County, who shall file and docket the same as in case of transcripts of judgments in the courts of justices of the peace. And every such judgment shall become a lien upon the real estate of the debtor, from the filing of such transcript, to the same extent as a judgment of the said District Court, and shall thereafter be exclu- sively under the control of said District Court, and carried into exe- cution by its process, as if rendered in said District Court. The clerk Transcript of said Municipal Court shall not issue such transcript while a writ not to issue, when. *See chapter 57, General Laws 1897, p. 64. Executions. To be filed in District Court. 140 MINNEAPOLIS COURT ACTS. No execu- tion, when. Garnishment. Garnishee summons. Summons returnable. Disclosure. Complaints. Warrants. Plea. Examina- tion. MUNICIPAL COURT. of execution is outstanding in the hands of an officer or otherwise; and shall note on the record of such judgment the fact that such transcript has been given, and shall not thereafter issue any writ of execution on the same judgment, but may at any time give to the same party or his representatives a new transcript of such judgment, in case of the loss of the transcript first given. SEC. 16. Proceedings against garnishees may be instituted in the same manner as in the District Courts of the state, or in justices' courts, but the summons may be served either by an officer or any person not a party to the action, at any place within the State of Min- nesota, and the service shall in all cases be personal. The summons shall require the garnishee to appear before the said court, or a judge thereof, at a time and place mentioned therein, not less than ten (10) days from the service thereof, and answer touching his indebtedness. to the defendant, and any property, money, or effects of the defendant in his possession or under his control. And the summons may be made returnable at any term of said Municipal Court which may be named therein, and the notice required to be served on the defendant in the action may be signed either by the clerk of said court or the person who served the garnishee summons, or by the plaintiff or his attorney, and shall be served on the defendant at least three (3) days before the time specified in the same for the appearance of the garni- shee. The disclosure of the garnishee may be taken and all further proceedings had in the same manner as if the proceedings were in the District Court. SEC. 17. *Complaints in criminal cases may be made to the clerk when the court is in session, or to the judge or clerk when not in session; and may be made in writing or reduced to writing by the judge or clerk, and sworn to by the complainant, whether the offense charged be a violation of the criminal laws of the state, or of the ordinances, regulations or by-laws of said city. And the clerk, as well as the judge, is hereby made a conservator of the peace, and vested with the same authority, discretion and power to act in receiving complaints and issuing the warrants of said court in criminal cases. And complaints, warrants and other process in criminal cases may follow substantially the same forms heretofore in use by justices of the peace, with such alterations as may seem convenient to adapt the same to the style of said Municipal Court, or may be in such other form as the court may prescribe, sanction or approve. In cases where alleged offenders shall be in custody, and brought before the court or the clerk, without process, the clerk shall enter upon the records of the court a brief statement of the offense with which the defendant is charged, which shall stand in place of a complaint, unless the court shall direct a formal complaint to be made. The plea of the defendant shall be "guilty" or "not guilty." In case of a failure to plead, the clerk shall enter a plea of "not guilty," and a former acquittal or conviction for the same offense may be proved under that plea as well as if formally pleaded. In the examination of offenders charged with indictable offences, *For deposits and security for costs, see chapter 340, General Laws 1897, p. 606. As to cash bail, etc., see chapter 301, General Laws 1899, p. 380. MINNEAPOLIS COURT ACTS. 141 MUNICIPAL COURT. the clerk shall keep such minutes of the examination as the court may direct, and shall make the proper return to the court before which the party charged with the offense may be bound to appear. In cases where the offense charged is bastardy, proceedings shall Bastardy. be as near as may be substantially as provided in chapter seventeen (17) of the general statutes of one thousand eight hundred and sev- enty-four (1874). Salary of judges. Salary of clerks. SEC. 18. The judge and special judge of said court shall each receive a salary of three thousand six hundred dollars per year, and the clerk of said court a salary of two thousand four hundred dollars per year; the first deputy clerk of said court shall receive a salary of one thousand five hundred dollars per year; the second deputy clerk of said court shall receive a salary of one thousand two hundred dollars per year; and the third deputy clerk of said court shall receive a salary of one thousand dollars per year, payable in each case out of the city treasury of the City of Minneapolis, in monthly installments. Neither of said judges, nor said clerk nor his deputies shall receive any other fee or compensation for his services; but in all proceedings Fees to be had in said Municipal Court like fees shall be charged and collected by charged. the clerk as costs as are allowed by law to the clerk of the District Court of Hennepin County. It shall be the duty of the police officers of said city to serve all processes issued by said court, except as other- Police officer wise provided by this act. Police officers in making service of any process. process, or doing other duty in respect to causes of said court, shall note and return to the court for collection such fees for such service as are allowed to constables for like service in justices' courts. And Fees paid all fees so charged by the clerk or by any officer shall be collected by the clerk as costs and by him be accounted for and paid over to the city treasurer of said city as hereinbefore provided. to serve to The clerk shall pay witness fees in criminal actions only upon Clerk to pay order of the court, taking receipts therefor in such form as the court witness fees. may direct, which receipts shall be sufficient vouchers for payment of the sums therein named, which said sums shall be noted upon the monthly reports of said clerk and deducted from the amount therein otherwise shown to be due the city. All witness fees collected by the clerk and not paid to witnesses as aforesaid, shall be paid over to the city, the same as other fees accruing to the city. And all balances of deposits for costs remaining in the hands of said clerk for one (1) month after the termination of any action, or for a like period after an abandonment of or failure to prosecute the same, and all other deposits of money arising from bail, bonds, To be paid recognizances, and payments of penalties, thereon or otherwise, shall be paid over to the city on the first Monday of the month following. city, Provided, that in the event that the party or parties who may be entitled to receive said balances of deposits or other moneys, or any portion thereof, may demand the same of said clerk at any time there- after, and, upon giving a receipt therefor to the clerk, he shall pay over the same, and said receipt shall be a sufficient voucher for the same in like manner as provided herein, in the case of receipts for witness fees. No fees shall be charged against either the city, county against city, or state. (As amended by Chap. 412, Sp. L. 1903, p. 723.) No fees county or state. Witness fees to be paid city, when. Balances. Deposits to be repaid, when. 142 MINNEAPOLIS COURT ACTS. Police offi- cers attend court. Salary of police officers. Gratuities to be paid to city. Failures to be reported. Officers to receive re- ward, when. City or County Attorney to authorize pursuit of criminals. District Judge may ' act, when, Proceedings when title to real estate involved. City At- torney to prosecute, when. County Attorney to prosecute, what cases. MUNICIPAL COURT. SEC. 19. It shall be the duty of the mayor and police authorities of said city to see that a sufficient number of police officers are always in attendance upon said court, and in readiness to obey its mandates and serve its processes, and preserve order in its proceedings. Police officers of said city shall hereafter receive for their services. no other compensation than the salary paid them by said city; and if any fee, gratuity or reward shall be paid to any police officer, for any service, he shall forthwith pay the same over to the clerk of said Municipal Court for the use of said city; and the failure to do so be a misdemeanor punishable by a fine not exceeding one hundred (100) dollars, or by imprisonment not exceeding thirty (30) days. And it shall be the duty of the Chief of Police, Clerk of the Municipal Court, or any other official of said city who may have knowledge of such failure so to pay over said fees, to forthwith cause complaint to be made against such police officer. 7 Provided, That this section shall not be so construed as to require any officer or officers so to pay over such fees in cases in which said officer, being regularly or specially appointed, designated or detailed for detective duty, and being in pursuit of any person or persons charged with any crime or misdemeanor shall under the advice or with the consent of the County Attorney of the County of Hennepin, or the City Attorney of the City of Minneapolis, pursue said alleged offender or offenders beyond the limits of said City of Minneapolis, in which event said officer or officers shall be entitled to receive for his or their own use and benefit all fees for such pursuit and all rewards. offered for the apprehension of such offenders. SEC. 20. In the case of sickness or absence of the Judge of the Municipal Court and of the Special Judge, either of the judges of the District Court for the County of Hennepin may and hereby is author- ized and empowered to hold said Municipal Court, and perform all the duties and exercise all the functions of Municipal Judge, and either of said judges of said District Court may, upon request of Municipal Judge, act as judge of said Municipal Court, in the trial of any particular cases pending therein. In case it shall appear from the evidence of either party upon the trial of any cause, that the title to real estate is involved in the action, the Municipal Court shall not proceed further therein, but shall trans- fer the action to the District Court of said county, and the cause shall be proceeded with in the court to which it shall be transferred as if originally commenced therein. SEC. 21. The City Attorney of the City of Minneapolis shall have charge of the prosecution of all criminal proceedings before said Municipal Court except the trial of a person charged with having committed within the County of Hennepin but without the City of Minneapolis, offenses against the criminal laws of the state, and except the preliminary examinations of all persons charged with offenses against the criminal laws of the state, which cases the county attorney of the County of Hennepin shall have charge of and prosecute. Blanks, furniture, SEC. 22. The Clerk of the Municipal Court shall, under the direc- supplies, etc. tion of the judge, and with consent of the City Council of said city 彎 ​MINNEAPOLIS COURT ACTS. 143 MUNICIPAL COURT. (unless otherwise provided), from time to time procure and furnish all necessary blanks, stationery, record books, court room, jury room and office furniture, lights and fuel, for the use of the Court and the officers thereof, at the expense of the said city. SEC. 23. All acts and parts of acts inconsistent herewith are hereby repealed. pealed. SEC. 24. This act shall take effect and be in force from and after Act to take its passage. effect. Inconsistent acts re- 144 MINNEAPOLIS COURT ACTS. AMENDMENTS TO MUNICIPAL COURT ACT. Chapter 141, Special Laws 1874, Page 362, Section 1 to read... to read.. Section 2 to read.. to read.. Section 3 Division of Act. Section 8 to read.. to read.. to read.. to read.. Section 4 Section 5 to read.. Section 7 Section 18 · • • · to read.. to read... 8 to read.. to read.. to read.. to read.. • • • • • • • • • • • to read... Section 9 to read.. Section 10 to read.. Section 11 to read.. to read.. Section 12 to read.. to read.. to read.. to read.. *. to read.. Section 13 to read.. to read. to read.. Section 15 to read.. Section 16 to read.. Section 17 to read.. to read. to read.. • • FROM 1875 TO 1903 INCLUSIVE. .... • • • · • • · • • • · • • • • • • • • • · • Approved. March 8 March 2 Feb. 24 March 2 Feb. 24 Feb. 26 March 8 March 8 March 2 Feb. 24 March 2 Mch. 11 March 4 Feb. 26 March 2 Feb. 24 March 2 March 4 March 8 March 2 Feb. 24 March 2 March 8 March 2 March 2 Feb. 24 March 2 Feb. 24 Feb. 26 March 8 March 2 Feb. 24 March 2 March 4 Feb. 24 March 2 March 2 Feb. 24 March 2 Feb. 24 March 2 Feb. 24 March 2 March 2 Year. Chap. Sec. Page. 65 1 328 1878 1883 48 182 236 1885 1883 74 48 182 1885 74 236 1877 178 240 1878 65 328 1879 210 182 237 183 656 38 188 183 237 458 39 329 184 238 459 331 185 185 240 185 241 240 332 185 241 462 41 242 463 186 243 186 243 1883 1885 1883 1901 1875 1883 1883 1885 1887 1875 1878 1883 1885 1887 1878 1883 1883 1885 1883 87 48 74 48 387 4 49 48 74 21 4 65 48 74 21 65 48 48 74 48 HHQQ M HQ HM 411H 178 65 48 74 21 1 2 2 3 1 2 1 3 4 5 10 Q Q M 2 2 3 6 6 3 47∞ + → ∞ 02 20 77 8 4 9 1885 74 1877 1878 5 1883 10 9 1885 1887 4 1875 4 3 10 1885 74 1887 21 5 1883 48 11 1885 74 11 1883 48 12 1885 74 12 1883 48 13 1885 74 13 1887 21 6 1883 48 14 8 186 244 464 187 MINNEAPOLIS COURT ACTS. 145 Section 18 Division of Act. to read.. to read.. Section 19 to read.. to read.. Section 20 Section 22 to read. Section 24 • · • · · • added.. repealed.. Section 25 added.. · • repealed... Entire Act amended to read. Court reporter Costs in actions for labor. • • • Minors under 17, criminal trials.. Writs of execution AMENDMENTS. Exception to sureties, etc. Justice Dockets transferred to. Deposits for costs, etc., crim. cases.. Cash bail authorized • • Approved. April 20 Mch. 11 1901 1903 1878 1883 Feb. 17 1883 Feb. 24 1885 Feb. 27 1875 Feb. 20 1889 Feb. 27 1875 Feb. 20 1889 Feb. 20 1889 April 17 1891 April 20 GL 1891 April 6 GL 1891 Mch. 20 1897 1897 1899 1901 1901 April 21 March 8 March 2 Year. Chap. Sec. Page. 1891 139 1 387 2 412 1 6 15 1 14 1 23 April 23 April 20 April 4 Mch. 26 65 48 55 74 5 34 10 5 34 34 142 41 42 57 340 301 137 391 1 23 • • 771 656 723 333 187 193 245 41 611 42 611 598 773 121 122 64 606 380 168 660 146 MINNEAPOLIS COURT ACTS. RULES OF PRACTICE OF THE MUNICIPAL COURT OF THE CITY OF MINNEAPOLIS. RULE I. This Court will be open for the hearing of criminal causes at nine o'clock in the forenoon. The trial of civil actions will commence at ten o'clock in the forenoon, unless otherwise ordered by the Court, at which hour the calendar of civil causes will be called on General Term days. A preliminary call of the calendar will first be made to ascertain what causes are for trial or hearing, and whether for the court or a jury, and if a jury is required in any action it must be demanded before the cause is set down for trial or a jury will be deemed waived. On the second call of the calendar, cases will be set down for trial or otherwise disposed of, in their order. RULE 2. The attorney or other officer of Court who draws any pleading, case, bill of exceptions or report, shall distinctly number and mark each folio of one hundred words thereof in the margin, or in lieu thereof shall plainly number the lines and pages thereof, and all copies shall be numbered and marked so as to conform to the originals. Any pleading, affidavit or case not so numbered and marked may be returned by the party or attorney on whom it is served, on the day of or next following such service. RULE 3. Notices of motion shall be accompanied by copies of the affidavits and other papers on which such motion is based, except papers already served in the action, or on file at the service of the notice, which shall be referred to therein, and when the motion is for irregularity the notice shall set forth particularly the irregularity com- plained of; in other cases the notice shall state generally the grounds. of the motion. RULE 4. Whenever notice of a motion shall be given, or an order to show cause served, and no one shall appear to oppose the motion or application, the moving party shall be entitled, on filing proof or ad- mission of service, to the relief or order sought, unless the Court shall otherwise direct. If the opposing party to such motion or order shall appear, and the mover does not, or declines to proceed, the former on filing like proof or admission of service shall be entitled to an order dismissing such motion or discharging such order with costs. RULE 5. Special Terms of this Court will be held every Tuesday and Friday, at two o'clock in the afternoon, and the judge having charge of the criminal calendar will hold the Special Terms. When- ever Tuesday or Friday is a legal holiday, the Special Term will be held on the day following such legal holiday. The clerk shall keep a Special Term Calendar, on which he shall enter all actions or pro- ceedings noticed for such term, according to the order in which notes of issue are filed therein. Notes of issue of all matters for Special Term shall be filed with the clerk not later than on the day before the term, and no case, except forcible entry and unlawful detainer MINNEAPOLIS COURT ACTS. 147 MUNICIPAL COURT. cases shall be entered on the calendar unless such note of issue is so filed. RULE 6. All affidavits, notices and other papers, designed to be used in any cause at a Special Term, shall be filed with the clerk at or before the time of hearing, and all pleadings in any cause for trial at a General Term shall be filed with the clerk on or before the second day of the term at which such cause or proceedings is to be heard or tried, and unless so filed, such cause or proceeding shall be stricken from the calendar, or continued on motion of the party not in default. RULE 7. No order extending the time to answer or reply shall be granted, unless the party making application therefor shall present to the Court an affidavit of merits, either by the party or an attorney regularly retained by him therein, to prosecute or defend said action, substantially as required on like applications in the District Court of this state. RULE 8. When a demurrer is overruled with leave to answer or reply, the party demurring shall have ten days after notice of the order, if no time is specified therein, to file and serve an answer or reply as the case may be. RULE 9. Appeals from the clerk's taxation of costs may be taken to the Court within two days after such taxation, but not afterwards. Such appeals shall be taken by notice in writing, signed by the appel- lant and directed to and served upon the adverse party and the clerk, within said time, and said notice shall specify the items objected to and the grounds upon which the appeal is taken. The appeal shall be deemed abandoned unless the appellant shall place the cause upon the calendar of the next Special Term of court held after the notice of appeal is served. When so placed upon the calendar such appeal shall be heard without further notice. RULE IO. No paper on file with the clerk shall be taken from his custody, except by one of the Judges of this Court for his own use, or a referee appointed to try the action in which they are filed. Before any referee shall take any files in such action he shall execute to the clerk a receipt therefor, specifying each paper so taken. RULE II. All motions for continuance shall be made on the first day of the term, unless the cause therefor shall have arisen or come to the knowledge of the parties subsequent to that day. RULE 12. Requests to charge the jury shall be furnished to the Court in writing, before the argument begins, otherwise they may be disregarded; all exceptions to the charge shall be taken before the jury retire. RULE 13. It shall not be necessary to call either party, or that either party be present or represented, when the jury return into Court and deliver their verdict or are discharged for disagreement. RULE 14. Transcripts of the reporter's minutes shall be in the exact words and in the form of the original minutes. The case or bill of exceptions prepared therefrom may be in narrative form. The party procuring such transcript shall, at or before the time of serving the proposed case or bill of exceptions, file the said transcript with the clerk for the use of the parties and the Court. After the filing of the settled case or bill of exceptions, the stenographer's transcript may, 148 MINNEAPOLIS COURT ACTS. MUNICIPAL COURT. by leave of Court, be withdrawn by the party by whom it was originally procured. RULE 15. In cases where no provision is made by the statute or by these rules, the proceedings shall be regulated as far as practicable by the Code of Rules governing the District Court of Hennepin county, Minnesota. RULE 16. The clerk of this Court is hereby ordered and directed to issue all writs and processes of this Court, in civil actions, to the following officers only, to-wit: The Chief of Police or any police officer of said city, or to the Sheriff of Hennepin county. RULE 17. Upon filing the first paper in an action, the plaintiff, or the party presenting the same for filing, must make a deposit with the clerk of this Court, before the clerk shall file any paper in the case, to-wit: In an action of Replevin, $5.00; in an At- tachment action, $5.00; in an action of Forcible Entry and Unlawful Detainer, $5.00; in an action for Demand of mon- ey only, $2.00; in an action for demand of money only where officer serves summons (one defendant), $3.00; in Garnishee action, $1.50; in Garnishee action where officer serves Garnishee Summons and Notice on defendant, $3.00, and in addition thereto the fees to be paid to the garnishee; for judgment by default, $1.00; for judg- ment by default and issuing execution, $2.50. If the deposit made in any case is at any time exhausted an addi- tional deposit must be made by the plaintiff, or the moving party, be- fore any papers can be filed or further proceedings had therein. RULE 18. Parties applying to the clerk for warrants to be issued in criminal cases may be required to make a deposit of an amount sufficient to secure the costs of prosecution; in case of failure of complainant to appear, or upon dismissal, the Court may order the costs to be taxed and paid out of such deposit, and the balance, if any, returned to the complainant. For the purpose of better regulating the practice in this Court, and facilitating the same, the foregoing rules are hereby approved and adopted. Dated January 23rd, 1905. By the Court, EDWARD F. WAITE, Municipal Judge. CHARLES L. SMITH, Special Judge of said Court. G Galle MINNEAPOLIS COURT ACTS. 149 COURT REPORTER. *An Act to Provide for the Appointment of a Short- hand Reporter for the Municipal Court of the City of Minneapolis, Henne- pin County, Minnesota. (Approved April 17, 1891. Chapter 142, Special Laws 1891, Page 773.) 2. SECTION. 1. Stenographic Reporter to be Ap- pointed by the Judges-Bar may Recommend Appointment. Duties of Reporter.-Record of Proceedings. 3. Salary of Reporter.-Fees for Transcripts. SECTION. 4. Reporter under 5. 6. 7. Direction of Court-Discharge, Vacancy, etc. Present Reporter to Continue to Act. Inconsistent Acts Repealed. Acts to Take Effect. appoint. SECTION I. The Judges of the Municipal Court of the City of Judges to Minneapolis are hereby authorized, and it shall be their duty, upon the recommendation of the bar of said city, to appoint, by and with the consent of the City Council, a stenographic reporter, to make in short- hand writing a true record or report of evidence taken upon the trial of cases in said Municipal Court, when required by the judges of said court. SEC. 2. It shall be the duty of said stenographic reporter to keep Duties of in shorthand writing a true, full and accurate record of the evidence given upon the trials of issues of fact in said court, when required so to do by the judges of said court. reporter. SEC. 3. The salary of such stenographic reporter shall be fifteen Salary. hundred dollars ($1,500) per annum, payable from the city treasury of the City of Minneapolis, in equal installments, monthly; and further, that when such reporter shall be required by either of the parties to an action to transcribe his record into longhand writing, the fees for Fees for such transcription shall be ten (10) cents per folio of one hundred (100) words, to be paid by the party requiring the same, and which fees shall belong to such stenographer. transcripts. Bar may recommend. SEC. 4. Any such reporter shall in the performance of his duties herein prescribed be subject to the orders and directions of said court; and the judges may, by and with the consent of the City Council and for good cause, dismiss said reporter and fill any vacancy so created in the manner provided in section one (1) of this act. to to act. SEC. 5. The present reporter of said Municipal Court shall Present re- continue to act as the reporter of said court, unless removed as pro- continue vided in section four (4) hereof, after the passage of this act. SEC. 6. All acts and parts of acts inconsistent herewith are Inconsistent hereby repealed. SEC. 7. its passage. *Repeals act approved Feb. 28, chapter 384. Special Laws 1887, p. 1016. Court may discharge and fill vacancy. acts repealed. This act shall take effect and be in force from and after Act to take effect. 150 SPECIAL ACTS RELATING TO MINNEAPOLIS. City or county officer or employee not to receive any fees, when,· Act to take effect. WITNESS FEES. An Act to Regulate the Payment of Witness Fees in Certain Cases to the Officers and Employees of the City of Minneapolis, or of the County of Hennepin, Minnesota. (Approved March 1, 1889, Chapter 441, Special Laws 1889, Page 1111.) SECTION. 1. City or County Officers or Employes not to Receive any Witness Fees. when-No Deduction From Salary for Absence as Witness. SEC. 2. Inconsistent by repealed. act repealed. SECTION. Be it Enacted by the Legislature of the State of Minnesota: SECTION 1. Any elective or appointive officer of the City of Min- neapolis, or of the County of Hennepin, Minnesota, or any person em- ployed in the service of said city or county, who shall be called as a witness to give testimony in any criminal action or proceeding before any justice of the peace of said county, the Municipal Court of the City of Minneapolis, the District Court, the Probate Court, or the grand jury of said county, or before a coroner's jury, or in any civil action or proceeding before any of said courts wherein the State of Minnesota, the County of Hennepin, or the City of Minneapolis is a party, shall not receive any witness fee for compensation whatever for so appearing and testifying. Provided, however, That the compen- No deduction sation paid by said city or county to such officer or employee for his from salary while services shall not be reduced by reason of his absence from work while attending as such witness. witness. All acts and parts of acts inconsistent herewith are here- SEC. 3. This act shall take effect and be in force from and after its passage. 2. Inconsistent Acts Repealed. 3. Act to Take Effect. 4 SPECIAL ACTS RELATING TO MINNEAPOLIS. 151 SECTION. 1. BREAD INSPECTORS. An Act Authorizing the City Council of the City of Minneapolis to Appoint One (1) or more In- spectors of Bread for said City, and to Define their Powers. (Approved April 15, 1891, Chapter 136, Special Laws 1891, Page 769.) + City Council to Appoint. SECTION. 2. Act to Take Effect. * Be it enacted by the Legislature of the State of Minnesota: City Council to appoint SECTION I. The City Council of the City of Minneapolis is here- by authorized and empowered to appoint one (1) or more inspectors bread of bread for said city, and to define the powers and to provide for the inspectors. compensation of such inspector. This act shall take effect and be in force from and after Act to take SEC. 2. its passage. effect. 154 SPECIAL ACTS RELATING TO MINNEAPOLIS. City Council to set aside $5,000 for use of Mayor. Mayor to have abso- lute control. Statements of expendi- tures. Act to take effect. 1 CONTINGENT FUND FOR MAYOR. An Act to Provide a Contingent Fund for the Use of the Mayor of the City of Minneapolis. (Approved April 14, 1891, Chapter 138, Special Laws 1891, Page 770.) SECTION. 1. City Council to set aside $5,000 for Contingent Fund for Use of Mayor. SECTION, 2. Mayor to have Absolute Control of Fund.-Detailed Statements. Act to Take Effect. 3. Be it enacted by the Legislature of the State of Minnesota: I. SECTION 1. That the City Council of the City of Minneapolis is hereby authorized and directed to annually appropriate and set aside. from the general fund of said city the sum of five thousand (5,000) dollars, as a contingent fund, for the use of the Mayor of said city. SEC. 2. Said Mayor shall have absolute control over such fund, and may use and expend the same as he may deem best and for the interests of said City of Minneapolis. Said Mayor shall tender to the City Council detailed statements of all expenditures made under authority of this act. SEC., 3. This act shall take effect and be in force from and after its passage. SPECIAL ACTS RELATING TO MINNEAPOLIS. 155 POLICE RELIEF ASSOCIATION. An Act to Create and Provide a Fund for the Use and Benefit of the Minneapolis Police Depart- ment Relief Association. (Approved April 17, 1891, Chapter 113, Special Laws 1891, Page 774) SECTION. 1. Fund-how created-City Council to Authorize City Clerk to pay. SECTION. 2. Act to take Effect. Be it enacted by the Legislature of the State of Minnesota: created. SECTION I. For the purpose of creating and providing a fund Fund, how for the use and benefit of the Minneapolis Police Department Relief Association, the City Clerk of said city is authorized and required to pay to said relief association fifty (50) per cent. of all dog tax collected by and on behalf of said city, and the receipts of the secretary of said Secretary's. relief association to said Clerk of the Municipal Court and City Clerk receipts. of said city shall be sufficient vouchers for all sums of money so paid by them to said association as provided herein. The fund hereby created shall be used by said relief association for the purposes pro- vided for and contemplated in its articles of incorporation, constitution and by-laws. Provided, however, That the City Council shall, by resolution, authorize and direct the City Clerk to take the action herein specified. SEC. 2. This act shall take effect and be in force from and after its passage. to authorize City Council City Clerk to pay. Act to take effect. 156 SPECIAL ACTS RELATING TO MINNEAPOLIS. Abstract to state auditor. Treasurer to make returns. County treas urer to pay to City Treas- urer. Receipts. my Inconsistent acts repealed. Act to take effect. TAX COLLECTIONS-MONTHLY SETTLEMENTS. An Act to Provide for the Disposition of Moneys Raised by Taxation in the City of Minneapolis, and to Regulate the Settlement of Ac- counts between the County Auditor and County Treasurer of Hen- nepin County Relative to such Funds, and to Provide for a Monthly Settlement between the County Treasurer of said County and the City of Minneapolis. (Approved April 11, 1891, Chapter 123, Special Laws 1891, Page 756 ) SECTION. 1. Be it enacted by the Legislature of the State of Minnesota: Monthly set- tlement be- treasurer and county auditor. SECTION I. That on the last days of each month in every year tween county the county treasurer of Hennepin county shall make full settlement with the county auditor of said county of his receipts and collections of taxes for all purposes from residents or property within the cor- porate limits of the City of Minneapolis, from the date of the last settle- ment up to and including each day mentioned, and the county auditor shall, within ten (10) days after each settlement, send an abstract of the same to the auditor of state, in such form as the said auditor may prescribe. At each settlement the treasurer shall make complete re- turns of his collections on the current tax list, showing the amount col- lected on account of the several funds included in said list, in so far as the same relate to said City of Minneapolis. Monthly 'Settlement Between County Treasurer and County Auditor-Abstracts to State Au- ditor-Treasurer to Make Re- turns. SECTION. 2. 3. 4. County Treasurer to Pay to City Treasurer Receipts. Inconsistent Acts Repealed. Act to Take Effect. G SEC. 2. The county treasurer shall, immediately after each settle- ment, pay over to the City Treasurer of the City of Minneapolis, on the order of the county auditor, all moneys received by him arising from taxes levied and collected belonging to the said City of Minne- apolis, and deliver up all orders and other evidences of indebtedness of said City of Minneapolis, taking duplicate receipts therefor, one (1) of which shall be filed in the office of the county auditor. SEC. 3. All acts and parts of acts inconsistent with the provisions of this act, in so far as the same relate to settlement for taxes between the treasurer of Hennepin county and the City of Minneapolis, are hereby repealed. This act shall take effect and be in force from and after SEC. 4. its passage. MINNEAPOLIS BOARD ACTS. 157 SECTION. 1. An Act Creating and Establishing the Department of Corrections and Charities of the City of Minneapolis and Defining its Powers and Duties. (Approved April 21, 1891, Chapter 122, Special Laws 1891, Page 753.) 2. 3. 4. 5. 6. BOARD OF CORRECTIONS AND CHARITIES. Department of Corrections and Charities. Composition.-Mayor ex officio member. Appointments. Terms of Office. Control of Charities.-Manage- ment of Alms Houses, Hospi- tals, etc.-Board to Execute Laws. Election of President. Superintendent of Poor, Salary.— Secretary of Board, Duties. City Physician, Salary, Duties.— No other Physician or Surgeon to be Employed.—Assistant Phy- sicians and Surgeons. SECTION. 7. Superintendent Salary, Duties. 8. of Workhouse, 10. 11. Power of Board to employ Help and fix Salaries, Rules, etc. 9. City Council to pass necessary Ordinances-To fix, levy and provide Funds-Appropriations for 1891 to be at Disposal of Board. To complete and equip City Hospital. — Payment of Moneys, how.-Present Incum- bents not to be removed with- out Cause. Inconsistent Acts repealed. Act to take Effect. Be it enacted by the Legislature of the State of Minnesota: tions and SECTION I. There is hereby established an Executive Department Department in the municipal government of the City of Minneapolis, State of Min- of Correc- nesota, which shall be known as the Department of Charities and Cor- Charities. rections and shall embrace the Mayor, four (4) Commissioners and such other assistants and employes as are hereinafter provided for. SEC. 2. This department shall be under the care, management and control of a Board of four (4) Commissioners, not more than two (2) of whom shall belong to the same political party, of which Board the Mayor shall be a member er officio, and shall have the right as such to participate in the deliberations and proceedings and vote whenever ex-officio he may deem it advisable so to do. Mayor to be member. Appointed They shall be appointed by the Mayor, and shall hold office for the term of four (4) years, and until their successors are chosen and by mayor. qualified. Term of office. Composition. Terms of missioners. Provided, that at the first appointment [of Commissioners] under this act, the Mayor shall appoint two (2) Commissioners for the term first com- of two (2) years and two (2) for the term of four (4) years, and biennially thereafter the Mayor shall appoint two (2) commissioners. for the term of four (4) years. 158 MINNEAPOLIS BOARD ACTS. Control of charities. Management of alms houses, hos- pitals, etc. Board to relating to execute laws charities and corrections. Election of president. Superintend- ent of poor. Salary. Applicants assistance. for Duties. Said Superintendent shall investigate or cause to be investigated, all applicants for assistance and relief of every nature, and, under the direction of the Board, attend to the distribution of all fuel, food Superintend- and other supplies. The Superintendent shall attend all meetings of ent to act as the Board, and shall act as secretary of the Board; he shall, under secretary of Board. City physi- cian. Salary. Duties. No other physician or surgeon to be employed. Assistant physicians Supt. of workhouse. Salary. CORRECTIONS AND CHARITIES. Duties. SEC. 3. The Board of Charities and Corrections shall have the charge, management and control of the charities of the city, the over- seeing of the poor and those applying for and receiving relief from the city. Said Board shall be charged with all the duties now im- posed by law or ordinance on the Board of Supervisors of the Poor. SEC. 6. The Board of Charities and Corrections shall also elect, biennially, a City Physician, who shall receive an annual salary not to exceed twenty-two hundred (2,200) dollars, to be fixed by the Board. Said Physician shall perform all the duties now pertaining to said office, or that hereafter may be imposed upon it by the City Council or said Board of Charities and Corrections; he shall appoint all as- sistants, matron, nurses and all other help necessary in discharging the duties of his office and caring for the city hospital and the sick under the charge of the department, or discharge the same, and shall report the same to said Board. The City Physician shall be the physician. and surgeon to all the departments of the city, and no department shall employ any other physician or surgeon; but assistant physicians or surgeons may be employed in any particular matter or emergency and surgeons by the Mayor, but he shall be selected by the City Physician. They shall also have the care, management and control of all almshouses, hospitals, workhouses or other places of charity, detention. and correction that now or hereafter may be established, owned and controlled by the city; said Board shall faithfully execute all laws and ordinances relating to the care, maintenance and control of the charities and corrections of the city and perform such other duties as may be placed upon said department by the City Council. Said Board shall, biennially, elect from their number at SEC. 4. President. SEC. 5. They shall elect, biennially, some suitable person to act as Superintendent of the Poor, who shall at all times attend to the business of the department. He shall receive an annual salary not to exceed six hundred (600) dollars, to be fixed by the board. the direction of said Board, keep a complete record of the proceedings. of said Board, a record of the city hospital and workhouse and all other institutions that may be owned and controlled by the city for the pur- poses of charity and corrections, and a full and complete set of books showing all receipts and expenditures and such other records as the Board may require, and shall discharge such other and further duties. as may be required by said Board. SEC. 7. Said Board of Charities and Corrections shall, biennially, elect some suitable person as Superintendent of the Workhouse; he shall receive an annual salary not to exceed fifteen hundred (1,500) dollars, to be fixed by the Board. Said Superintendent shall, under the direction and control of said Board, have the management and con- trol of the city workhouse and the care and maintenance of the same. MINNEAPOLIS BOARD ACTS. 159 CORRECTIONS AND CHARITIES. SEC. 8. Said Board of Charities and Corrections shall have the power to employ all help necessary in caring for the poor of the City of Minneapolis, the maintenance and control of all charities, hospitals and places of correction and detention that now or may hereafter be established, owned and controlled by said city. They shall have the power and authority to fix the salaries of all employes not hereinɓefore provided for and to make all rules and regulations necessary to carry out the provisions and intentions of this act. SEC. 9. It shall be their duty, and the City Council is hereby authorized, to pass any and all ordinances in addition to those now in force and not contradictory to any of the provisions of this act, neces- sary to the proper management and control of the charities and cor- rections of said city. Power to employ help. To fix rules, etc. City Council to pass nec- essary ordi- nances. The Board of Charities and Corrections shall report to the City Council, at or before the first meeting of the Council in September in each year, the amount of money required for the support of the de- partment for the next fiscal year, and the City Council shall, in making their annual estimates and levy for the expenses of the city govern- ment, estimate and provide such sums as may be necessary for the compensation of such officers and employes which the said board are authorized to appoint, and all other expenses incurred by said depart- ment in the care and management of the charities, hospitals and places of detention and correction of said city. tions for 1891 The appropriations of the City Council for the fiscal year eighteen Appropria- hundred and ninety-one (1891), for the poor and workhouse depart- ments and the city hospital, shall be at the disposal of this department for said fiscal year; and the dispositions of these funds for charities and corrections shall be proportionate to each in accordance with the original estimates for the same. All bonds authorized by the legislature and issued by the Council of the City of Minneapolis, or appropriations already or hereafter made by said council for the construction of a city hospital, shall be at the disposal of this Board, whose duty it shall be, and they are hereby empowered, to construct, complete and equip the same as fast as funds are furnished for that purpose. No moneys shall be paid out of the city treasury for this depart- ment, except upon orders signed by the president and Secretary of the Board and countersigned by the City Comptroller. workhouse Supt. of wot to be re- moved except for cause. Provided, that the provisions of this act shall not be construed as Supt. of poor, authorizing or permitting the removal from office of the present Super-city physi- intendent of the Poor, the City Physician or the Superintendent of the Workhouse, or the removal or discharge, without good and sufficient cause, of any officers or employes appointed or employed [by or] under the said Superintendent of the Poor, the City Physician or the Super- intendent of the Workhouse. All act and parts of acts inconsistent and in confliction Inconsistent with the provisions of this act or any part thereof are hereby repealed. repealed. SEC. II. This act shall take effect and be in force from and after the first (1st) day of July, eighteen hundred and ninety-one (1891). I SEC. 10. acts to City Council and provide funds. Board to con stead equip city struct, com- plete Payment of money, how. Act to take effect. 160 MINNEAPOLIS BOARD ACTS. An Act Relating to the Reorganization of the Health Department and the Preservation of the Public Health of the City of Min- neapolis, Minnesota. (Approved April 22, 1889, Chapter 413, Special Laws 1889, Page 1074.) 2. SECTION. 1. Department of Health-Composi- tion. Commissioner of Health-Ap- pointment-Term. 6. 7. 8. 3. Duties. 4. Bond. 5. Powers of Inspectors Bond 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. DEPARTMENT OF HEALTH. 20. 21. 22. 23. 24. Prevent spread of small pox- Vaccination-At expense of city. To clean and disinfect houses— Abatement of nuisances-Pen- alty for neglect. Quarantine of boats and railroad cars-Sites for quarantine. 19. Quarantine proclamation and reg- ulations sent out. Examination cars, etc. Attendance upon persons landed at quarantine. of boats, railroad Duties. Increase of Force. Removal of employes. Commissioner to advise-Mayor etc.-Contagious diseases. Commissioner to enforce laws re- lating to health-To enter prem- ises-Removal of dead animals, etc. Notice to owner of property to abate nuisance-Penalty. Expense, how recovered. Examination of persons with in- fectious diseases Removal Medical attendance. Notices posted of infectious dis- eases-Penalty for removal. Quarantine hospital. Preservation of health. ――― Quarantine and proclamation. Enforcement of laws. Boats, cars, etc., not to leave quarantine without permit- Power to capture and return. SECTION. Quarantine of. 26. Quarantine Physicians-Appoint- ment of Compensation-Assist- ance. Salaries, audited by Council- Persons in quarantine to pay when able Record - Expenses paid-What fund. ― 28. No person with infectious dis- eases to come into city-No boat, car, etc., to pass nor leave quarantine without permit-In- terference or refusal to obey. 25. 27. 29. Moneys appropriated, how applied -Payment of bills. Commissioner to inspect city and report action necessary. 30. 31. Sites and buildings for quaran- tine. Books for record—Births-Deaths. Vaccine virus kept on hand-Cer- tificates of vaccination to chil- dren. 34. Penalty for violation or non-com- pliance. 32. 33. 35. 36. rules-Enforcement City Attorney to act in suits. Buildings, etc., to be cleaned- Streets cleaned. To enforce all state laws in re- gard to health-Sale of impure drugs and food-Reports from hospital, etc. Coroner to report to department. Physicians and others to report contagious diseases. 40. Removal and interment of bodies -No bodies buried or exhumed without permit. Jurisdiction of city over ceme- teries. 37. 38. 39. 41. - 42. Copies of proceedings and rules to be evidence-Orders of de- partment to be prima facie. MINNEAPOLIS BOARD ACTS. 161 SECTION. 43. DEPARTMENT OF HEALTH. Jurisdiction of department over all lakes and water courses in Hennepin county. 44. Annual report of Commissioner. 45. Duty of employes. 46. City Attorney to be legal adviser of department. SECTION. 47. 48. 49. 50. Chief of Police to cause all or- ders of department to be exe- cuted. Street Commissioner and Police to report violations of rules. Certain acts repealed. Act to take effect. Be it enacted by the Legislature of the State of Minnesota: • SECTION I. There is hereby established an executive department Department in the municipal government of the City of Minneapolis, Minnesota, which will be known as the Department of Health, and shall embrace the Mayor, the Committee of the City Council on Health and Hospitals, Composition. and the Commissioner of Health, and such other assistants and em- Commission- ployes as are hereinafter provided for. er of health. SEC. 2. The executive officer of said department shall be called the Commissioner of Health of the City of Minneapolis and must be a competent physician of regular practice in said city. The City Coun- cil shall appoint a Commissioner to serve until the first (1st) Monday in January, 1891, at which time, or as soon thereafter as may be, and each two years thereafter, the City Council shall appoint a Commis- sioner of Health, whose term of office shall be two (2) years, or until his successor is appointed and qualified. SEC. 3. Said commissioner shall have the management and con- trol of all matters pertaining to the public health in said city under the supervision of the Department of Health. SEC. 4. Said commissioner, before entering upon the duties of his office, shall execute a bond to the City of Minneapolis, Minnesota, in the sum of three thousand dollars ($3,000) with such sureties as the City Council shall approve, conditioned for the faithful perform- ance of the duties of said office. SEC. 7. Said Department of Health shall have the power to remove any subordinate officer, inspector or employe of said Depart- ment of Health at their pleasure; subject however to the approval of City Council to appoint. Term. Duties. Bond. SEC. 5. Said Department of Health shall exercise a general super- Powers vision over the sanitary condition of the city, and shall have the power to nominate two (2) medical inspectors, and five sanitary inspectors, subject to the approval of the City Council, who shall fix their salaries; all of said persons shall execute a bond to the City of Minneapolis Bonds of. in the sum of five hundred dollars ($500) with such securities as the City Council shall approve conditioned on the faithful performance of the duties of said office and shall be subject to the orders of the de- partment of health and shall perform such duties as the said Depart- Duties. ment of Health or the Council Committee by ordinance may require and determine, and such officers shall have by virtue of their office Police such police power and authority as may be necessary to carry into ef- powers, fect the provisions of this act. in force. SEC. 6. Should the necessity arise at any time for more health Increase officers or inspectors, or other employes than are hereby provided for, the department of health shall have power to increase the force and prescribe their duties by and with the consent of the City Council. of health inspectors. Removal of employes. 162 MINNEAPOLIS BOARD ACTS. Orders is- sued in name of com- missioner. Commission- er to give advice. Contagious diseases. Authority to enter premises. Removal of dead ani- mals, etc. Notice to owners to abate nuisance. Commission- er to enforce SEC. 9. to health. It shall be the duty of the Commissioner of Health to laws relating enforce all the laws of the state and ordinances of the City of Minne- apolis relating to the sanitary regulations of the city, and cause all nuisances to be abated with all reasonable promptness. And, for the purpose of carrying out the foregoing requirements, he, or his sub- ordinates, shall be permitted, at all reasonable times, to enter into any house, store, stable or other building, and to cause the opening of the floor, if he should deem it necessary, in order to have a thorough ex- amination of cellars, vaults, sinks, or drains; and to cause all privies. to be cleaned and kept in good condition, and to cause all dead animals, or nauseous or unwholesome things or substances to be buried, or re- moved, or disposed of as the Commissioner of Health may direct. - SEC. 10. In order to carry out the provisions of the foregoing section, it shall be the duty of the Commissioner of Health, to serve a notice upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or the owner or cause of any such nuisance, requiring them to abate the same, in such manner as he may prescribe, within reasonable time. Provided, That it shall not be necessary in any case for the Commissioner to specify in his notice the manner in which any nuisance shall be abated, unless he shall deem it advisable to do so; and such notice may be given or served by any officer who may be directed or deputed to give or make the same; and if such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order within the time specified, they shall be subject to a penalty hereinafter provided, and it shall be the duty of the said officer to proceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated. And provided, further, that whenever the owner, oc- cupant or agent of premises, in or upon which any nuisance may be found, is unknown or cannot be found, the same commissioner shall proceed to abate the same without notice; and in either case the ex- pense of such abatement shall be collected from the person or persons who may have created, continued and suffered such nuisance to exist. SEC. II. Any expense incurred by the Health Department, in enforcing the provisions of the above section, shall be recovered in an action of debt, to be brought in the name of the people of the State of Minnesota against the party offending. SEC. 12. It shall be the further duty of the Commissioners of Health to visit and examine, or cause to be visited and examined, all sick persons who shall be reported to him as laboring or supposed to be laboring under any yellow or ship fever, smallpox, cholera, or any infectious or pestilential disease, and cause all such infected per- Notice need not state manner of abatement. Penalty for neglect. Commission- er to abate nuisance when owner is unknown. Expense recovered, how. Examination of persons with infectious diseases. DEPARTMENT OF HEALTH. the City Council; and all orders and directions emanating from said Department of Health shall be issued in the name of said commissioner. SEC. 8. The said Commissioner of Health shall give to the Mayor or other city authorities all such professional advice and information as they may require, with a view to the preservation of the public health; and whenever he shall hear of the existence of any malignant, contagious or pestilential disease, he shall investigate the same, or cause it to be investigated and adopt proper measures to arrest its progress. MINNEAPOLIS BOARD ACTS. 163 DEPARTMENT OF HEALTH. sons to be removed to the cholera, smallpox, or other hospitals, or to Removal. such other safe and proper place as he may deem proper, not exceed- ing three (3) miles from said city, and cause them to be provided with suitable nurses and medical attendance, at their own expense, Medical if they are able to pay for the same, if not, then at the expense of the attendance. city. expense. infectious disease posted. SEC. 13. It shall be the further duty of the Commissioner of Notice of Health to cause a notice, written or printed in large letters, to be placed upon or near any house in which any person may be affected or sick with smallpox, scarlet fever, or any infectious, pestilential or epi- demic disease, upon which shall be written or printed the name of such disease and an order forbidding any person or persons, excepting the medical attendants and spiritual advisors, from going to or leav- ing said premises, and if any person or persons shall deface, alter, mutilate, destroy or tear down such notice, without permission of the Commissioner of Health, or shall otherwise fail to comply with this act, such person or persons shall be subject to the penalty herein- after provided; the occupant of any house upon which such notice shall be placed or posted as aforesaid, shall be held responsible for the compliance with the act and for the unauthorized removal of the no- tice, and if the same shall be removed without the permission of the Health Commissioner such occupant shall be subject to the penalty hereinafter provided. SEC. 15. In case of pestilential or epidemic disease, or of danger from anticipated or impending pestilence or epidemic disease, or in case the sanitary condition of the city shall be of such a character as to warrant it, it shall be the duty of the said Department of Health to take such measures and to do and order, and cause to be done for the preservation of the public health (though not herein or elsewhere or otherwise authorized), as they may, in good faith declare the public safety and health to demand. Penalty for removal or notice. defacing of Occupant re- sponsible for hospitals. SEC. 14. The Department of Health shall have charge of the Quarantine quarantine hospitals, and shall have the power to employ such assist- ants and nurses as they may deem necessary, and it shall be their duty to see that the said hospitals are provided with suitable furni- ture, nourishment, fuel and medicines, and all persons sick or dying therein, or in other places under charge of the city who have not the means to defray their own expense of sickness and burial shall be cared for or buried at the expense of the city. Health de- partment to ures for the of health. meas- An preservation SEC. 16. The Department of Health may take such measures as they may, from time to time, deem necessary, to prevent the spread of smallpox, by issuing an order requiring all persons in the city or any part thereof requiring vaccination, to be vaccinated within such time as they shall prescribe, and all persons refusing or neglect- ing to obey such order shall be liable to the penalty hereinafter pro- vided. Provided, that it shall be the duty of the Department to pro- At expense vide for the vaccination of such persons as are unable to pay for the of city. same, at the expense of the city. SEC. 17. The Department of Health shall have the power to To clean and cause any house or premises to be cleaned, disinfected, or closed to disinfect visitors, and prevent persons from resorting thereto while any person houses. To prevent spread of smallpox. vaccination. 164 MINNEAPOLIS BOARD ACTS. Abatement of nuisance. Penalty for neglect to obey orders. by proclama- tion. Establish- ment of sites for quaran- tine. Proclamation and quaran- tine regula- tions sent out Quarantine of boats and SEC. 18. Said Department, whenever and at such times as they railroad cars shall deem it necessary, may, by proclamation (the approval of the City Council being first had and obtained), require all boats, vessels, railroad cars or other public conveyances bound for this city, before the same shall land or stop at any wharf, depot or landing or stop- ping place therein, to touch or stop at any or either of the sites, places or boundaries so selected and established for quarantine pur- poses, and all such emigrants, travelers or persons and all such sick, diseased or unclean persons, with their stores and baggage, as in the opinion of the officers stationed at such quarantine sites, places or boundaries shall be deemed proper on account of the existence of or general report of smallpox, cholera or any contagious diseases or disease apprehended to endanger the health of the city. - Physicians or health officers at quarantine sites to ex- amine boats, cars, etc. Persons in charge to assist. DEPARTMENT OF HEALTH. Permit from quarantine officer to enter city. is laboring under any pestilential or infectious disease; they may, by an order, direct any nuisance to be abated, or unwholesome matter or substance, dirt or filth to be removed from any house or premises, and may prescribe the time and mode for doing so and take any other measures they may deem necessary and proper to prevent the spread of any infectious, pestilential or epidemic disease; and any person who shall neglect or refuse to obey the orders, directions and instructions of said Department of Health, shall be subject to a penalty herein- after provided. C SEC. 19. Whenever it shall be deemed necessary to issue such proclamation, it shall be the duty of said Department to send the same, together with the substance of the regulations for quarantine and the period for which the same shall be in force, unless sooner re- voked, to such cities and places as by them may be deemed proper. SEC. 20. They shall also cause to be stationed at such quarantine sites, places and boundaries, as they may deem advisable, one or more physicians or Health Officers, whose duty it shall be to go on board and examine all boats, vessels, cars or other public conveyances as aforesaid, required to touch or stop at such quarantine respectively, and then and there determine what emigrants, passengers or persons (if any) shall stop at such quarantine; and it shall be the duty of all persons, conducting or in charge of any such vessel, boat, car or public conveyance, to aid and assist any such physician or health officer in the exercise of his duties. SEC. 21. Physicians to attend ed at quar- antine. Said physician or Health Officer shall attend to all persons land- sick persons who may be landed or placed in quarantine, and provide medicines and necessaries for their use, and shall have general super- vision of such quarantines, and compel persons therein to purify their bodies, clothing and baggage, and do all such acts and things as shall be proper in the premises, keeping correct accounts of all expenditures and wages, which shall be allowed and paid by order of said De- partment. SEC. 22. Whenever the physician or officer in charge of any quarantine station or place aforesaid, shall, upon examination, be sat- isfied that there is no longer occasion for the detention of any boat, vessel, car or conveyance at such quarantine or place and such boat, vessel, car or conveyance shall have been thoroughly cleansed, and such persons as aforesaid landed and placed in the care of such physi- MINNEAPOLIS BOARD ACTS. 165 DEPARTMENT OF HEALTH. cian or officer, such physician or officer shall give such vessel, boat, car or conveyance a permit signed by him, to enter the city, which shall be ample authority for entry of said boat, vessel, car or conveyance, and the said officer, respectively, shall discharge all persons in quar- antine by their certificate for that purpose, whenever they are satisfied that such persons are free of disease and their baggage and effects properly purified. Provided, however, that the Department in their Proclamation discretion, by proclamation for that purpose, may, during the preva- emigrants lence of cholera, ship fever or other contagious or infectious diseases, and others forbid the admission of emigrants or others peculiarly liable thereto in city. any or all of said quarantine stations until, in their opinion, the health of the city will justify the same. forbidding to enter SEC. 23. It shall be the duty of said Department, whenever by them it shall be deemed necessary, to keep at the quarantine station or stations a sufficient force whose duty it shall be to enforce all regu- lations by this charter required or by said Department to be estab- lished, and to arrest all persons violating said regulations or commit- ting any breach of peace, and bring such person before any court hav- ing jurisdiction for trial, and to arrest and hold for trial all persons disobeying or interfering with or resisting any physician, Health Offi- cer or other persons in authority at such quarantine sites, places or stations. SEC. 25. Said Department shall make such rules and regulations for the government of the quarantine or health of the city as from time to time they shall deem necessary, and the physician or Health Officer in charge of any quarantine station or place shall have power to make and enforce such regulations as may be necessary for the proper con- ducting and management thereof, and it shall be the duty of all persons in quarantine and all agents, officers, policemen or others employed by the city in and about such quarantine stations or places, to carry out and obey the same. Force at stations to quarantine enforce laws. Boat, etc., not to leave quar- antine with- out permis- sion. Power to capture and SEC. 24. In case any boat, vessel, car or public conveyance shall leave any quarantine station, place or boundary without a permit as aforesaid, or shall fail to stop at the same, when as aforesaid required by the issuance of the said proclamation, or whenever the person in charge thereof, or any person under his command shall fail or refuse to obey any regulation or command of the said Department of Health, physician or person in charge of any quarantine station or place, cr of any provision or requirement of this chapter, the said Department shall have the power, and it is hereby made their duty, if, in their opinion, the health of the city requires it, to send sufficient police force to such return boat, boat, vessel, car or public conveyance and cause the same, with the car, etc. crew and passengers on board, to be landed or stopped or conveyed to the quarantine station or place, and there to remain until properly discharged by the permit aforesaid; and the owner, master or person in charge of any such boat, vessel, car or public conveyance shall be liable to the city for all expenses and costs incurred by reason thereof. If any emigrants, travelers or persons so placed in quarantine as aforesaid, shall leave the same without premission as aforesaid, they may be arrested and taken back to said quarantine and there retained until such permission shall be given. master of Owner or boat.car. etc.. liable Power to arrest and for expense. return emi- grants, etc. Department to make quarantine force same. rules and en- 166 MINNEAPOLIS BOARD ACTS. Appointment of quarantine physicians. Compensa- tion. Other assistance. Salaries, etc., audited by Council. Persons in quarantine to pay when able. Record kept. Expenses paid, what fund. No person to interfere with, resist or refuse to obey orders of quaran- tine officers. DEPARTMENT OF HEALTH. SEC. 26. The said Department of Health, by and with the ap- proval of the City Council, may appoint one or more competent physi- cians as quarantine physicians whenever the same shall be- come necessary by reason of the prevalence of any epi- demic or pestilential disease, who shall be present at such quarantine stations as the said Department of Health shall designate, and attend to all duties imposed by this chapter or by the regulations of said Department. And who shall receive each for actual services rendered, and for such times as such services shall be actually required, not less than five (5) dollars nor more than ten (10) dollars per day, to be allowed by the said Department; also, the said Depart- ment may employ such agents, servants, nurses or temporary medical assistance for the purpose of carrying into effect the objects and intents of this chapter, or of any regulations, as in their judgment shall, from time to time, be necessary, or authorize the employment thereof by the physicians or health officers in charge of any quarantine station or place. SEC. 27. All the salaries, wages and expense in this article contemplated, are to be audited and allowed by the City Council; and when so allowed are to be paid out of the general fund. Provided, that when practicable, the persons taken in such quarantine or stations and receiving the aid and care afforded thereby, shall each pay a sum of money sufficient to meet all expenses, labor and care incurred in his behalf, which money shall be faithfully kept, reported and ac- counted for by the physicians, health officers, or other persons in charge. of said quarantine or station, to the said city; and all other expenses. incurred or to be incurred, by reason of this chapter, or of any regu- lation of said Department, shall be paid out of the general fund. No person with infec- SEC. 28. No person, master, captain or conductor in charge of tious disease any boat, vessel, railroad car, or public conveyance shall knowingly to be brought into city. No boat, car, etc., under proclamation bring into this city any person diseased with cholera, small-pox, ship fever or contagious or infectious disease whatever; and no vessel, boat, car or public conveyance, at any time covered by the said proclamation, to pass quar- shall pass by any quarantine, station or place without stopping, nor shall antine, nor leave with- out permit. No person to aid or abet. leave the same without the permit aforesaid, and no person stopping in said quarantine, or so as aforesaid received therein, shall leave the same without first obtaining permission as aforesaid; nor shall any person aid or abet any master, conductor or person in charge of any boat, vessel, car, or public conveyance, in violating, neglecting or evading any provision or requirement of this chapter; nor shall any person interfere with, resist or refuse to obey the orders of any physician, Health Officer, policeman or other person in authority at any quaran- tine, station or place of quarantine so as aforesaid established; nor do any act or thing in violation of or in disobedience to any of the provis- ions, clauses or sections of this chapter; nor shall commit any breach of the peace, nor do any act calculated in any way to defeat or inter- fere with the provisions or requirements of this chapter, or of any regulations of the said Department, physician or officer in charge of any quarantine. SEC. 29. The moneys appropriated to the Department of Health how applied by the City Council shall be faithfully applied by the said Department Moneys ap- propriated, MINNEAPOLIS BOARD ACTS. 167 DEPARTMENT OF HEALTH. to the true objects and purposes of its appropriations, and the said Department shall make reports of all bills authorized by them to the Payment City Council, which bills shall be passed upon the same as other claims against the city. of bills. SEC. 30. It shall be the duty of the Commissioner of Health to inspect any part of the city and its environs, which from its location, or from any collateral circumstances, may be deemed the cause of disease; and in all cases where he may discover any agent the exist- ence of which will prove dangerous to the health of the city, and there is no ordinance competent to the correction of the evil, he shall imme- diately report the same to the Department of Health, accompanied with his opinion of the necessity of extraordinary or particular action. and erect SEC. 31. The Department of Health, by and with the approval Department of the City Council, may select, purchase, lease and establish such buy sites for sites, places and boundaries for quarantine stations and purposes, and quarantine, with the approval of the City Council, may erect from time to time, buildings. such buildings and hospitals, upon such sites and places, and so keep the same in repair, as in their judgment shall be deemed necessary. record. deaths. SEC. 32. It shall be the duty of the Department of Health to Books for provide the necessary books for keeping a record of all transactions of said Department, including the proper registration of births and Births, deaths, and such other statistical information necessary for efficient working of said Department, and also keep on hand all necessary blanks to be used by physicians and midwives, and furnish them with the same on application. SEC. 33. Said Department of Health shall always have on hand as far as practicable, a sufficient quantity of vaccine virus, and they shall provide to physicians who will vaccinate without charge, all persons who may apply to them for that purpose, and shall give cer- tificates of vaccination to children who have been vaccinated and re- quire such certificates to admission to the public schools. er to inspect Commission- the city and report to the action department necessary. Vaccine. on hand. virus kept Certificates tion to of vaccina- children. Penalty for violation or non-compli- ance. SEC. 34. Any master of a vessel, conductor, captain or any per- son whosoever, who shall violate any clause, provision, requirement, duty or regulation of this act or any rule or regulation of the said Department of Health or Commissioner of Health, or employe, in the discharge of their duty, or in charge of any quarantine, or any person whosoever, who shall fail or neglect to comply with any such clause, provision, requirement, duty or orders, or who shall interfere with or in any manner resist any officer or agent of the Department of Health of the City of Minneapolis, in the discharge of his duty, as herein contemplated, or who shall commit any such breach of peace or be guilty of any act or thing calculated to defeat or interfere with the carrying into effect any part of this act, or any regulation or order of said Department of Health or ordinance of said city in relation to the public health shall, upon arrest and conviction by the municipal court of the City of Minneapolis. or in the district court of the county of Hennepin, be subject to a fine not to exceed one hundred dollars ($100) nor less than ten dollars ($10) for each offense, together with costs of prosecution. SEC. 35. It shall be the duty of the City Attorney of the City of City Attor- Minneapolis, to act promptly in all suits or proceedings of any vio- in suits. ney to act 168 MINNEAPOLIS BOARD ACTS. Buildings, etc.. to be cleaned. Streets cleaned. ? SEC. 36. Said Department of Health may order or cause any ex- cavation, erection, vehicle, vessel, water-craft, room, building, place, sewer, pipe, passage, premises, ground, matter or thing in the City of Minneapolis, or adjacent waters, regarded by said Department as in a condition dangerous or detrimental to life or health, to be purified, cleansed, disinfected, altered or improved, and may also order any substance, matter or thing being or left in any street, alley, water, excavation, building, erection, place or grounds (whether such place where the same may be is private or public) and which said Depart- ment may regard dangerous or detrimental to life or health, to be speedily removed, and may designate or provide a place to which the same shall be removed, when no such adequate or proper place, in the judgment of said Department, is already provided. SEC. 37. It shall be the duty of the said Department of Health to aid in the enforcement of, and, as far as practicable, to enforce all laws of this state applicable within the limits of the City of Minne- apolis, to the preservation of human life or to the care, promotion or protection of health; and said Department may exercise the authority given by the laws aforesaid, to enable them to discharge the duties herein imposed; and this section is intended to include all laws rela- tive to cleanliness, and to the use or sale of poisonous, unwholesome, Reports from deleterious or adulterated drugs, medicines or foods. And said De- hospitals, etc. partment is authorized to require reports and information at such times and of such facts, and generally of such nature and extent re- lating to the safety of life and the promotion of health, as its by- laws and rules may provide, from all dispensaries, hospitals, asylums, infirmaries, prisons and schools and from the managers, principals and officers thereof; and from all other institutions, their officers and mana- gers, and from the proprietors, managers, lessees and occupants of all Theatres and theaters and other places of public resort or amusement in said district ; public halls. and it is hereby made the duty of the officers, institutions and per- sons so called on or referred to promptly to give such reports, ver- bally or in writing, as may be required by said Department. Enforce all state laws in regard to health. Sale of im- pure drugs and food. Coroner to report to department. Physicians and others to report contagious diseases. 蒜 ​DEPARTMENT OF HEALTH. lation of this act, and in all proceedings approved or prompted by said Department of Health, or their employes, and to bring the same to a speedy hearing or termination, and in case of the obtaining of a judg- ment, to direct execution therein without delay. SEC. 38. That it shall be the duty of all coroners within the said City of Minneapolis, within three (3) days after the taking of any inquest, to file a written statement with the said Department of Health, signed by the coroner making the same, stating, so far as he is able, where and upon the body of whom such inquest was held, and the cause and date and place of the death of such person. SEC. 39. That the said department of health is hereby author- ized and it shall be its duty to make such rules and recommend such ordinances as to them may seem necessary and proper, for the pur- pose of compelling all physicians practicing within the limits of the City of Minneapolis, to make reports of all cases of contagious dis- eases upon which they may be in attendance, and all keepers of board- ing or lodging houses, all innkeepers and hotel keepers, to make re- port of all cases of contagious diseases occurring within their respec- MINNEAPOLIS BOARD ACTS. 169 L'EPARTMENT OF HEALTH. tive houses, and generally to make such regulations and rules as to them may be deemed necessary for the carrying into effect the objects of this section of obliging reports of contagious diseases to be made to said Department of Health by all persons becoming cognizant of the same. buried or SEC. 40. And the said Department of Health is hereby authorized and it shall be its duty to make rules or recommend ordinances regu- lating the interment and removal of dead bodies, their entry into, re- moval from and passage through the said City of Minneapolis, and no body shall be buried or exhumed within the limits of the said City No bodies of Minneapolis, removed therefrom or received therein, to pass through exhumed the said city without a written permit first obtained from the said without Department of Health, and to be issued in the manner and under the conditions by them prescribed, and the said Department of Health shall make all rules and regulations necessary for carrying out the objects. of this section. permit. SEC. 41. That the jurisdiction of the City of Minneapolis shall extend to, and prevail over all cemeteries under the control or (of) or- ganizations established in said city and it shall be the duty of the De- partment of Health to make such rules and regulations as may be deemed necessary regarding the reception and interment of dead bodies. within the same and prescribe the duties of all sextons and keepers of such cemeteries relative to the reception and burial of dead bodies. SEC. 42. Copies of the proceedings of said Department, of its rules, regulations, by-laws, books and papers, constituting part of its archives, when authenticated by the Department of Health, shall be presumptive evidence, and the authentication to be taken as pre- sumptively correct in any court of justice or judicial proceedings, when they may be relevant to the point or matter in controversy of the facts, statements and recitals therein contained, and the action, pro- ceedings, authority and orders of the said Department of Health shall, at all times, be regarded as in their nature judicial and be treated as prima facie just and legal. SEC. 43. The jurisdiction of the department of health of the City of Minneapolis shall extend over all lakes and water courses of the county of Hennepin, to the same extent as within the limits of said city. SEC. 44. Said Commissioner of Health shall annually, on or before the first (1st) day of January, present to the Mayor and City Council, a thorough and comprehensive statement of all matters per- taining to said Department during the year, and of all expenditures from the appropriations for the Health Department, together with a statement in detail of the appropriations required by the Department during the next municipal year. SEC. 46. The City Attorney of the City of Minneapolis, or his assistants by his directions, shall be the legal adviser of the Commis- sioner and Department of Health, in all matters incident to their office. The said attorney or assistants, shall render and perform all legal Removal and bodies. interment of Jurisdiction extend to all of city to cemeteries. proceedings Copies of and rules to tive evi- be presump- dence. Orders of department to be prima facie. employes. SEC. 45. It shall be the duty of all employes in said Department Duty of of Health to obey and carry out all orders and directions of the De- partment of Health, and perform such duties as may be imposed upon them by said Department. Jurisdiction lakes, etc., in of depart- ment over all Henn. Co. Annual report. ney to be City Attor- legal adviser partment. of de- 170 MINNEAPOLIS BOARD ACTS. Chief of Police to .cause all or- ders of de- partment to be executed. Street com- missioner and police to report viola- tion of rules. Certain acts repealed. Act to take effect. DEPARTMENT OF HEALTH. service pertaining to the Department of Health, and where requested, shall furnish written opinions upon all legal questions pertaining to said Department. SEC. 47. It shall be the duty of the Chief of Police to cause to be executed all orders of the Department of Health, so far as they may relate to the preservation of the health of the city, or whenever requested to do so by the Department of Health. SEC. 48. It shall be the duty of every Street Commissioner and Policeman of the City of Minneapolis to promptly report at the office of the Department of Health any violation of the rules of the Health Department of the City of Minneapolis, Minnesota, that may become known to him while on duty. SEC. 49. All acts applying to the term of office and salary of Health Officer, and any and all acts or parts of acts and amendments thereto now in force, excepting such acts as may have been passed at this session of the legislature relating to and creating a Board of Health, Health Officer, Health Inspector, Secretary of the Board of Health, or in any manner pertaining to public health or sanitation, and all general or special laws in conflict herewith, be and the same are hereby repealed. SEC. 50. This act shall take effect and be in force from and after its passage. MINNEAPOLIS BOARD ACTS. 171 SECTION. 1. *An Act Relating to the Government of Free Schools in the City of Minneapolis. (Approved March 7, 1878, Chapter 157, Special Laws 1878, Page 444, as amended) FREE SCHOOLS. 4. 2. School Directors. Terms, Vacancies. 3. Election Rules.-Ballots, and Canvass. 5. Consolidation of Former Boards.- Corporate Powers and Duties.- Real Estate, Schools, Rules, etc. Elections, G Oath of Office.-Ex-Officio ficers. Official Bonds. Duties of Officers.-Proceedings.- Orders, Accounts, etc.—Audit- ing.-Depositories.-Pay Rolls. 6. Regular and Special Meetings.- Rules as to Notice of Meetlings. Return Of- SECTION. 7. Tax-Levy and Limit. Returns and Settlement. 8. Temporary Organization.-Annual Meetings.-Vacancies. Real Estate.-Purchase and Sale. -Record of Proceedings. 10. Orders and Bonds.-Not Issued. when. 11. Duties of Former Boards.-Bonds Prosecuted, when. Original Act to Take Effect. Condemnation Proceedings.-Fee Simple Titles. - Assessments, etc. 9. p 12. 13. SECTION I. The City of Minneapolis, in the county of Hennepin, shall, on and after the first Tuesday of April, A. D. one thousand eight hundred and seventy-eight (1878) constitute in law but fone (1) City one school district, and the Board of Education of the East Division of district. Minneapolis is hereby united and consolidated with the Board of Edu- cation of the West Division of Minneapolis; such union to take effect on the day above named, and such united board shall thereupon con- stitute and become one corporation, under the name of "The Board Consolidation of Education of the City of Minneapolis," and shall have a common Boards. seal, and be capable of sueing and being sued, and of taking by gift, grant, purchase, devise or bequest, or otherwise, any real or personal property, and of using, selling, conveying, controlling and enjoying the same, and entering into, making, performing and enforcing con- Powers of tracts. It shall be the successor in law of the Board of Education of the East Division of Minneapolis, and the Board of Education of the West Division of Minneapolis, and shall succeed to all the rights and of former Board. Successors to former Board. Ka *Chapter 22, Special Laws of 1887, p. 466, provides that this act be "amended by striking out any provisions therein contained relative to the times and manner of election and the terms of office of members of the Board of Education in con- flict with any provisions of the Charter of the City of Minneapolis in relation thereto; and in determining the terms of office and the times and manner of elec- tion of members of the Board of Education the provisions of the Charter of the City of Minneapolis in relation thereto shall govern so far as the same are in con- flict with the above entitled act." See also section 2, chapter 2, City Charter, (page 26) as to terms of office, election, etc. See page 19 (section 2, chapter 1) of City Charter, as to School Districts No. 6 and 8. 172 MINNEAPOLIS BOARD ACTS. 我 ​Title to real estate. To vest in Board. Whole city included. Entire control. Finances. School houses. Teachers, etc. Grades. books, etc. By-laws. Number of Directors. Terms of first Board. Successors. Vacancies. Election of Directors. Separate ballot box. FREE SCHOOLS. liabilities of every kind of said two boards. The title to all real estate within the limits of the City of Minneapolis, whether vested in the trustees of any school district, either wholly or in part within the limits of said city, in the Board of Education of Minneapolis, the Board of Education of the town of Minneapolis, the Board of Education of the City of Minneapolis (as the same was prior to the consolidation of the Cities of Saint Anthony and Minneapolis), the Board of Edu- cation of the West Division of Minneapolis, the Board of Education of the City of Saint Anthony, the Board of Education of the East Division of Minneapolis, as well as the title to all personal property belonging to either of said Boards of Education, or to any school dis- trict wholly within the limits of said city, shall be and become vested in the Board of Education of the City of Minneapolis, as hereby con- stituted. It shall have the entire control and management of all com- mon schools within the City of Minneapolis. It shall be entitled to demand, have and receive all moneys which have accrued or shall ac- crue to either of said districts, or to said united district, for school purposes under any law of this state or otherwise, and may appropriate and use such moneys for the support and maintenance of the schools within such district as such board may deem best. It may also hire or erect and maintain, as it shall deem best, school houses and school rooms, but it shall never erect any building upon land to which it has not the title in fee simple. It may employ superintendents and teach- ers, and make rules and regulations for the government of schools, and for the employment and examination of teachers, and prescribing their powers and duties; and prescribing the description, grading and classification of scholars and their management, and the course of in- struction and books to be used, and all other matters pertaining to the government and welfare of schools. It may also make by-laws, rules and regulations for its government. (As amended by Chap. 233, Sec. 1, Sp. Laws 1883, p. 365.) SEC. 2. The Board of Education of the City of Minneapolis. shall consist of seven (7) School Directors. At the annual city elec- tion to be holden on the first (1st) Tuesday of April, A. D. one thou- sand eight hundred and seventy-eight (1878), there shall be elected three School Directors for the term of three (3) years, two School Directors for the term of two (2) years, and two (2) School Directors for the term of one (1) year, and thereafter there shall every year be elected two (2) School Directors for the term of three (3) years, and every third (3d) vear an additional School Director [making three (3) shall be elected for the like term. In case any School Director shall die, resign, or remove from the district or otherwise vacate his office, more than one year before the expiration of his term of office, a School Director may be chosen at the next annual election after such vacancy shall occur to fill the place for the unexpired term of the director so vacating. (See Chap. 27, Sp. Laws 1887, p. 466.) SEC. 3. All elections for School Directors shall be at the annual city election, and as a part of such city election; and such School Directors shall be voted for upon a separate ballot, and a separate ballot box shall be provided at each precinct, which shall be kept by the judges to receive the ballots of such persons as are entitled to vote for such School Directors. MINNEAPOLIS BOARD ACTS. 173 FREE SCHOOLS. Ballots. canvasS. Whenever School Directors are voted for to serve for different terms, the ballots used shall designate the term for which the person named is voted for. The Judges of Election shall make returns of Returns and the votes cast for School Directors, and the City Council shall canvass the same as in the case of the city officers and the City Clerk shall Election forthwith notify the persons elected of their election, and in all matters not herein especially provided for touching such election, the rules provided for the election of city officers of said city shall apply. (See Chap. 27, Sp. Laws 1887, p. 466.) rules. Director to office. file oath of SEC. 4. Every School Director, before he shall enter upon the duties of his office, shall take, subscribe and file in the office of the City Clerk of said city an oath or affirmation that he will support the constitution and laws of the State of Minnesota, and discharge the duties of his office to the best of his ability. The meetings of said Meetings. Board of Education shall be held at such times and places as shall be appointed by the Board. Its officers shall consist of a President and Officers. Secretary, who shall be School Directors. The City Treasurer shall Treasurer be Treasurer of the Board, and the Comptroller shall perform such Comptroller. duties in connection therewith as hereinafter prescribed. The Secre- Bonds of tary of the Board and the City Treasurer of the City of Minneapolis Secretary shall each, before entering upon the duties of his office, execute and Treasurer. deliver to the Board of Education of the City of Minneapolis a good and sufficient bond, payable to the Board of Education of the City of Minneapolis, in such sum as shall be fixed upon by the Board, and with sureties who shall be freeholders of said city, and shall be ap- proved by the Board, and who shall justify in the aggregate to double the amount of the bond, conditioned that the principal in the bond shall of bonds. well and faithfully perform and discharge all the duties of his office, and pay and turn over to his successor, or to whomsoever the Board may direct, all moneys and every valuable thing which shall come into his hands by virtue of his office, belonging to said Board. Such bonds Filing of shall be filed for safe keeping with the City Comptroller of the City of Minneapolis. (As amended by Chap. 62, Sec. 1, Sp. Laws 1879, p. 183.) Conditions bonds. President. *SEC. 5. The President, or in his absence a President pro tempore, Duties of shall preside at all meetings of the Board, and sign all orders on the treasury for all moneys voted to be paid by the Treasurer, and shall perform all duties necessary for the transaction of the business of the Board, and which are usually performed by the President of a cor- poration. Secretary. The Secretary, or in his absence the Secretary pro tempore, shall Duties of keep a full and fair record of all the proceedings of the Board at its meetings, and shall draw and attest all orders drawn upon the Treas- urer, and keep a record thereof, showing the number, date, amount, purpose for which drawn, and name of payee of each order separately. All such orders shall be made payable to the order of the payee therein named, and shall not be paid without his endorsement, either personally or by his authorized agent or attorney. The Secretary shall per- form such other duties as are usually performed by such officer, or as may be directed by the Board, and shall draw no orders on the treasury *Entire section 5 amended by chapter 62, section 2, Special Laws 1879, p. 183. Orders, how Orders, onder issued. 174 MINNEAPOLIS BOARD ACTS. Duties of City except such as have been allowed by the Board by a majority vote of all its members taken by ayes and nays, and entered on the record of the proceedings of the Board. The City Comptroller shall keep regular books of account [of the Comptroller. Board], in which he shall enter all indebtedness of said Board, and which shall at all times show the precise financial condition of said Board, the amount of bonds, orders or other evidences of indebtedness. to be counter outstanding, and the redemption of the same when redeemed, and Bonds, etc., signed. he shall countersign all bonds, orders or other evidences of indebted- ness of said Board, and keep an exact account thereof, showing to whom, and for what purpose issued, and the amount of each, and of all moneys received or paid out by the City Treasurer on account of said Board. All claims allowed by the Board shall, before they are paid, be audited by the Comptroller. The City Treasurer shall receive and safely keep, all moneys of the Board, and pay the same only upon orders signed by the President and attested by the Secretary of the Board and countersigned by the Comptroller, and properly endorsed by the payee, or in payment of outstanding matured bonds or coupons of said Board, or either of the Boards which are united by section one of this act, and shall keep full books, records and vouchers of all his transactions. He shall deposit the moneys of said Board as moneys of the City of Minneapolis, in any banks which shall be designated by the City Council of said city, as depositories of funds of said city, and the funds while so on de- posit in such bank shall, for all purposes connected with such deposit, be regarded as the money of the City of Minneapolis, and may be recovered as such by said city from said banks, and the sureties of such banks, upon the bonds which said banks shall execute to the said city, but when drawn or recovered from such banks, shall be accounted for to its proper fund. And the treasurer shall have the same exemp- tion respecting such funds deposited in such banks, as in respect to other funds of said city. Claims audited. Duties of City Treas- urer. Funds how deposited. Bank sure- ties liable. Treasurer, not liable, when. Pay-rolls. Regular meetings. Special meetings. SEC. 6. The regular meetings of the board shall be fixed by its rules and by-laws. Special meetings may be called by the president or any two (2) School Directors, by written notice, stating the time, place and object of the meeting, to be served personally or by mail, Majority may at least twenty-four (24) hours before such meeting. But whenever act without notice. FREE SCHOOLS. Tax-levy. Nothing in this act shall be construed as prohibiting said Board from paying its teachers, janitors and other employees upon pay rolls, or otherwise, in accordance with such regulations as said Board may establish. (Added by Chap. 97, Sec. 1, Sp. Laws 1885, p. 268.) a majority of all the directors are present at any meeting, the same shall be a legal meeting at which any business which could come before a regular meeting may be transacted, irrespective of whether there was any notice given for such meeting or not. (As amended by Chap. 233, Sec. 2, Sp. Laws 1883, p. 366.) SEC. 7. Said Board of Education is hereby authorized and em- powered to levy upon the taxable property in said city, in each and every year, such taxes as will raise sufficient sums of money for all school purposes of every character, including the purchase of sites and buildings, and expenses incident to the maintenance thereof, and ast ! MINNEAPOLIS BOARD ACTS. 175 FREE SCHOOLS. * of tax. will also provide for the prompt payment of all indebtedness of said district; provided, that the aggregate annual levy of such taxes shall Limitation never exceed in any one (1) year four (4) mills on the dollar upon the assessed valuation of such district. The Board shall make return of its annual levy of taxes on or before the first (1st) day of Novem- ber of every year, to the county auditor of the county of Hennepin, and such taxes shall be collected and the payment thereof enforced, with and in like manner as state and county taxes are collected, and the payment thereof enforced; and when collected, shall, together with Settlements. all costs, interest and penalties collected thereon, be paid over by the County Treasurer to the City Treasurer of the City of Minneapolis as often as said County Treasurer is required to make settlement with said City Treasurer in respect to city taxes: provided, however, that if Failure to for any reason said Board shall in any year fail to make return of make re- its annual levy of taxes to the County Auditor, by the time herein specified, that in such case, the rate of taxation determined and fixed by the board of tax levy of Hennepin County, as the maximum rate which said Board of Education shall levy for such year, shall be taken to be the rate of taxation determined upon by said Board of Education for such year, and the County Auditor shall govern himself accord- ingly; and any taxes which have been heretofore or shall hereafter be extended upon the tax lists of Hennepin County by the County Auditor of said county, based upon the action of the board of tax levy, said Board of Education having for any reason failed to make a return as herein provided, shall be and remain legal and valid. (As amended by Chap. 86, Sp. Laws 1885, p. 257.) turn. tion. SEC. 8. The School Directors who shall be elected at the annual city election to be held on the first Tuesday of April, A. D. one thou- sand eight hundred and seventy-eight (1878), shall meet at the office of the City Clerk of said City of Minneapolis on Thursday the eleventh (11) day of April, A. D. one, thousand eight hundred and seventy- eight (1878), at ten o'clock in the forenoon, and may then and there effect a temporary organization, and may then proceed to elect Organiza- permanent officers for the year, and to the transaction of any business, or may adjourn to any other time and place to complete the permanent organization of the Board. The annual meeting of the Board for the election of its officers for the year shall always be on the second Tues- meetings. day after the annual city election at such hour and place as the Board may by its rules appoint for its regular meetings. But vacancies may Vacancies be filled whenever they shall happen during the year, and officers shall when filled. hold until their successors are elected and qualified, unless they cease to be eligible. (See Chap. 22, Sp. Laws 1887, p. 466.) Annual SEC. 9. The Board may purchase real estate for school purposes whenever six School Directors shall vote to make such purchase; and the Board may also sell and convey any of its real estate, but only when five of the School Directors authorized to be elected shall vote to make such sale. In the case of sale of real estate of the Board, the deed of conveyance thereof may be executed by the President and Secretary, Deed. how officially, having the seal of the Board affixed thereto. All votes under this section shall be by yeas and nays, and recorded in the record of recorded. the proceedings of the Board. executed. Votes to be * See Chap. 77, Gen. Laws 1899. page 80. and Chap. 30. Gen. Laws 1901. p. 30. Return of tax levy. Collection of taxes. County Auditor to imum rate. First meet- ing of Board. Real estate purchase and sale. 176 MINNEAPOLIS BOARD ACTS. Orders, not to be issued, when, Bonds, etc., when pay- able. Indebtedness how restricted. Old Boards, when to cease. Board Treasurer. to be surren- dered to new Board. SEC. II. After the passage of this act, the Boards of Education of the East and West Divisions of Minneapolis shall continue in ex- istence, until the first Tuesday in April, A. D. one thousand eight hundred and seventy-eight (1878), and no longer, but neither of them shall, in the meantime, enter into any new contract which is not to Records, etc., be fully performed before the date last above mentioned. And it shall be the duty of the secretaries of each of the said two boards, to attend at the office of the City Clerk of said city, on the 11th day of April, one thousand eight hundred and seventy-eight (1878), named at ten o'clock in the forenoon, and surrender and deliver over to the School Directors, elected under the provisions of this act, all books, records, vouchers, papers and property in their custody, belonging to their re- spective boards. And as soon thereafter as the new Board of School Directors shall organize and elect a Treasurer, and said Treasurer shall qualify, it shall be the duty of the Treasurers of said Division Boards, to pay over to the new Treasurer all moneys in their hands, or for which they are responsible, as such Treasurers, and all records, books vouchers and property under their control of such Treasurers. And any failure so to do shall be held to be a breach of the official bond of such Treasurer so failing; and such bonds may be prosecuted by the Board of Education of the City of Minneapolis, as may also any other right of action which, but for this act, might have accrued in favor of either of said former Boards of Education. SEC. 12. This act shall take effect and be in force from and after Division Treasurers. Proceedings against Treasurers. Actions against Treasurer. Title in fee simple. FREE SCHOOLS. Commission- ers, applica- tion for. same. SEC. 10. The Secretary of the Board is hereby forbidden from countersigning or issuing any orders upon the Treasurer of said Board except when there is money in the hands of the Treasurer to pay the The said Board shall never issue any bond nor promissory note, certificate of indebtedness or other obligation for the payment of money, except the same shall be made to become due and shall be paid at a date not later than the first (1st) day of July then next ensuing, and then for no greater sum than can be paid when due out of the regular revenues of the Board for the school year in which such bond, note, certificate or other obligation of indebtedness is issued. (As amended by Chap. 114, Sp. Laws 1881, Sec. 3, p. 655 and Chap. 49, Sec. 2, Sp. Laws 1881, Ex. Sess., p. 101.) its passage. Condemna- SEC. 13. Whenever said board deems it expedient to acquire the tion proceed- title to any lands situate within the City of Minneapolis, either for a school house site or for an addition to any school house site, the same may be acquired at the option of said board by proceeding as provided in sections seven (7), eight (8), nine (9), ten (10) and eleven (11) of chapter thirty-six (36) of the General Statutes of one thousand eight hundred and seventy-eight (1878), except as herein otherwise directed. The title which said board shall acquire to any lands by the proceedings herein provided, shall be an absolute estate in fee simple. Said board in its application to the District Court for the appoint- ment of commissioners shall, in addition to the requirement of section seven (7) of chapter thirty-six (36) of the General Statutes of one thousand eight hundred and seventy-eight (1878), state that the title to be acquired by said board is an absolute estate in fee simple. In MINNEAPOLIS BOARD ACTS. 177 Section Section Section Section made. proceedings brought by said board under the provisions of this act, Judgment. judgment shall not be entered as provided in section ten (10) of chap- ter thirty-six (36) of the General Statutes of one thousand eight hun- dred and seventy-eight (1878), but it shall be entered declaring that Entry, how upon payment of the amount of the assessment, or verdict, in case of appeal, with costs, to the owner of such lands, or to the Clerk of the District Court, an absolute estate in fee simple in such lands as are in said petition described, shall be, and become, vested in said Board of Education. It is further provided that said board may at any time after the filing of its petition as aforesaid, enter upon and occupy such lands as are in its petition described, until the proceedings contemplated by this act shall have been fully determined, and it shall not during such time be disturbed in such possession or occupancy by any proceedings either in law or equity. Said sections seven (7), eight (8), nine (9), ten (10) and eleven (11) of chapter thirty-six (36) of the General Stat- utes of one thousand eight hundred and seventy-eight (1878) as here- in amended and qualified to conform to the intentions of this act are made a part hereof. (Sec. 13 added by Ch. 52, Spl. Laws 1881, Ex. Sess., p. 103, and amended by Ch. 231, §4, Spl. Laws 1883, p. 367.) 1 2 4 IO 5 Section Section 7 CO AMENDMENTS TO SCHOOL ACT. Chapter 157, Special Laws 1878, Page 444. Division of Act. to read.. 1 to read. to read.. • 6 to read.. to read.. to read. to read... to read.. Section 10 to read.. to read.. Section 13 added... to read.. • · • · FREE SCHOOLS. • · • Approved. March 2 Feb. 27 March 4 March 8 March 8 March 5 Feb. 27 March 8 March 2 Nov. S Feb. 27 Feb. 12 March 2 Nov. S Nov. 11 Feb. 27 Year. Chap. Sec. Page. 1881 114 1883 1887 1 1 233 22 1 1879 62 1 1879 1885 1883 233 62 97 1879 1881 114 ex81 49 233 1883 1885 86 1881 ex81 49 ex81 52 1883 233 62 114 01 − 2 3 0 1 0 1 030 02 ++ 2 1 2 3 1 4 655 365 466 183 184 268 366 185 655 101 367 257 655 101 103 367 Board may pending pro- occupy land, ceedings. General statutes to govern. 178 MINNEAPOLIS BOARD ACTS. SECTION. An Act to Consolidate and Amend all Acts Relating to Parks and Park Ways in the City of Minne- apolis and Incident thereto; and Defin- ing the Powers and Duties of the Board of Park Commission= ers of said City. (Approved March 11, 1899, Chapter 30, Special Laws 1889, Page 560.) 1. 2. 3. 5. 6. 7. PARKS AND PARKWAYS. 8. ure. 4. Assessment of benefits-Park as- Objections 10. - Board of Park Commissioners.. Composition of-Election of of- ficers-Secretary-duties, etc. Board to maintain Parks and Parkways-Lands platted Parks-Title to lands-Contract for purchase-No personal general liability of city-Board to pay.-Donations. for sessors-Powers Assessments-Liens. Issuance of bonds. Assessment of tax for interest- Collection-City Park Fund. Vacation and closing of streets- No road, highway or railroad through Park. Construction of bridges and via- ducts. 9. Expenditures of money received for benefits. Shore rights-Boats not prohib- ited. or Condemnation of lands-Apprais- ers-Duties-Method of proced- SECTION. 11. 12. 13. 15. 16. - 14. Opening, improving and vacation of streets-Water mains and sewers in street-How assessed -Parkways outside city limits. City Forester duties-Compensa- tion-Trees. Lands acquired subject to lien for Bonds issued-Liens enforced by sales. 19. 20. 21. Sales of lands not available for Park purposes-Not valid, when. Police and Police regulations- Penalties-Fines collected turn- ed into Park Fund-City Attor- ney to prosecute-Police, how appointed-Powers. Shade trees - Assessment for Limit of assessments-Collection of. 17. No state law to repeal. 18. Pending proceedings-how pleted. Public act. Inconsistent acts repealed. Act to take effect. com- Board of SECTION I. The Board of Park Commissioners of the City of Minneapolis shall consist of the four (4) Commissioners elected on the to consist of. fifth day of April, one thousand eight hundred and eighty-seven Park Com- missioners- (1887), and the eight (8) Commissioners elected on the sixth (6th) day of November, one thousand eight hundred and eighty-eight (1888); together with the Mayor for the time being of the City of Minneapolis, ex officio, the chairman for the time being of the stand- ing committee on public grounds and buildings, and the chairman, for the time being, of the standing committee on roads and bridges of MINNEAPOLIS BOARD ACTS. 179 PARKS AND PARKWAYS, the City Council of said city, ex officiis, and their successors in office; all of whom shall continue in office until the expiration of their sev- eral terms, and until their successors are elected or appointed and qualified, as provided by law. And the said Board of Park Commis- sioners, and its successors shall be a department of the government of said city. Al Said Board of Park Commissioners shall have a common seal, and shall be capable of entering into, making, performing and en- forcing contracts in the name of, and in behalf of the City of Minne- apolis, to carry out the purposes expressed in this act. And all con- tracts so made and entered into shall be signed and executed by the president and secretary under the direction of the board. office. All persons elected to the office of park commissioner, shall be- Oath of fore entering upon the discharge of their duties severally file a written acceptance and oath of office in the office of the City Clerk of the City of Minneapolis. The said election shall be held on the third Saturday in January of each year; Provided, that the persons now holding said offices shall continue in office until the third Saturday in January, one thousand eight hundred and ninety (1890), and until their successors are elect- ed and qualified, and whenever vacancies shall occur in said offices they shall be at once filled in like manner for the unexpired term. Whenever a vacancy may occur in the office of an elected com- missioner, it shall be filled by the board. The person elected as secretary, before entering upon the duties of his office, shall file with the Comptroller of said city a bond in the penal sum of ten thousand (10,000) dollars, with at least three (3) good and sufficient sureties, acceptable to said Board of Park Commis- sioners. Said Secretary shall have power and is hereby authorized to administer oaths in all proceedings under this act and incident thereto. It shall be the duty of the said secretary to submit to the said board at the first meeting in January, a report showing the transac- tions of his office, and other information necessary for the conduct of business. partment of To be a de- the city government. To make contracts. : How executed. officers. The said Board of Park Commissioners shall elect annually from Election of their own number a President and a Vice President, and shall appoint annually a Secretary who shall not be a member of said board. And Term of said officers shall hold their respective offices until their successors are elected and qualified. office. Time of tion. holding elec- Vacancy. Bond of Secretary. duties of Powers and Secretary. Annual reports. The said Board of Park Commissioners shall make rules to gov- Rules. ern its proceedings, and may meet from time to time, as it may by rule or vote determine, and adjourn its said meetings. It shall make Ordinances. and publish from time to time, rules, ordinances and regulations for the government of its officers, agents, servants and emploves, and for the government and regulation of the parks and parkways, which may be required under and pursuant to the provisions of this act. A ma- jority of the members of said board shall constitute a quorum; but no action of said board, designating or purchasing or leasing lands, cre- valid, when. ating a bonded debt, or filling vacancies in the Board of Park Com- missioners, shall be valid unless voted for by ten (10) members of said board; and a record of its proceedings shall be kept, and the A ma- Quorum. Acts not 180 MINNEAPOLIS BOARD ACTS. Record kept and published. said board shall make and publish an annual report setting forth their general proceedings, and containing a statement of the receipts and ex- Receipts and penditures of said board; which statement of receipts and expenditures < expenses. shall be submitted to the City Comptroller and audited by him in the same manner as accounts of city officers. The said commissioners shall receive no compensation for their services, but may receive such sums for actual and necessary expenses incurred in performing their official duties as may be audited and allowed by the said board. The board of commissioners shall be authorized to employ and dismiss such attorneys, surveyors, agents and employes as may be necessary, and to fix the compensation of all its appointees and employes, which shall be payable from the fund hereinafter established for the purpose. of this act, upon the order of said board, countersigned by the City Comptroller. Compensa- tion of Board. Compensa- tion of employes. Commission- ers not to act, when. Commission- ers removed, when. Method of procedure. Office of commission- er vacant, when. Qu To maintain parks and park-ways. Lands to be platted. To take possession. Power to obtain title to lands. PARKS AND PARKWAYS, No commissioner shall be interested in any contract made under the authority of said board, or in any lands to be required by said board, except that if any commissioner shall be owner of, or interested in, any lands which may be designated or ap- propriated for the uses of this act, he shall be entitled to receive com- pensation therefor as provided herein, but shall not act officially in respect to any matter in which he may be pecuniarily interested. Any commissioner may be removed from office by the District. Court of Hennepin county, after trial and conviction, upon the peti- tion with sworn charges presented by not less than ten (io) reputable freeholders of said city, if it shall appear at the trial that such com- missioner has been guilty of misdemeanor, or malfeasance in office. Upon the presentation of such petition to one of the judges of said court he shall issue an order returnable before such judge, or the court, requiring such commissioner to appear and show cause why he. shall not be removed from his office, and upon the return of such order the court or judge shall direct the method of hearing and procedure. The office of any commissioner under this act who shall not attend meetings of the board for three (3) successive months after having been duly notified of said meetings, without reasons satisfactory to the board, or without leave of absence from said board, may by said board be declared and thereupon shall become vacant. *SEC. 2. The Board of Park Commissioners of the City of Min- neapolis and its successors shall have the power and it shall be its duty, to devise, adopt, and maintain parks and parkways in and ad- jacent to the City of Minneapolis, and from time to time to add there- to; to designate lands and grounds to be used and appropriated for such purposes; to cause the same to be platted, surveyed, and plats thereof filed in the office of the secretary of said board, and in the office of the City Engineer of the City of Minneapolis; and the right to take possession, upon obtaining title to the same or any part thereof, of same or any part thereof; to hold, improve, govern and administer the same for such purposes. 720. The said board of commissioners, and their successors, shall have power, and it is hereby authorized, to obtain title for and in the name *Entire section 2, as amended by chapter 103, section 1, Special Laws 1889, p. MINNEAPOLIS BOARD ACTS. 181 PARKS AND PARKWAYS. of the City of Minneapolis, to any lands so designated by it for the purpose of this act, by gift, devise, purchase or lease. purchase of And said board may enter into any contract in the name of said Contract for city, for the purchase of any lands to be paid for in such time, or lands. times, and in such manner as the board may agree to; and said board may accept title to lands and give back a mortgage or mortgages in the name of said city, with or without bonds to secure the unpaid purchase price. Provided, that no personal or general liability on the part of said city shall be created by any such contract, or mortgage, or bond beyond the means at the time available therefor, except the liability to pay such amounts as may be realized from benefits assessed on benefited property on account of the lands included in such con- tract or mortgage. or general No personal liability of city. pay. And it is hereby made the duty of said board to pay on each such Board to contract or mortgage an amount equal to the sum or sums so realized from such assessments; and said board shall have power to accept and Donations. receive donations of money, property or lands, for the use of the said city for the purposes contemplated in this act. SEC. 3. The Board of Park Commissioners shall have power, and it is hereby authorized to condemn for the use of said city, any tract or tracts, parcel or parcels of land, or any interest therein, which it may have designated as hereinbefore provided in the second (2d) section of this act; and when such condemnation shall have been com- pleted and the land paid for as herein provided, the title to such land shall pass, and be vested in fee simple in the said city. For the purpose of making and perfecting such condemnation, the said Board of Commissioners shall proceed in the manner following: • Authority to condemn land and procedure. method of appointed. Ist. The Board of Park Commissioners shall appoint five (5) Appraisers appraisers who shall be disinterested freeholders and qualified voters. of said city, and none of whom shall be residents of the ward or wards in which the property so designated is situated, to view the premises. and appraise the damages which may be occasioned by the taking of private property or otherwise in making said improvements; said ap- praisers shall be notified as soon as practicable by the secretary of said board to attend at a time to be fixed by him, for the purpose of quali- fying and entering upon their duties; and in case any such appraiser, upon being so notified shall neglect or refuse to attend as aforesaid, Failure to he shall forfeit and pay a fine to said city, not exceeding fifty dollars qualify. ($50), and shall be liable to be prosecuted therefor before the Mu- nicipal Court of said city, as in case of a violation of an ordinance of said city. Whenever a vacancy may occur among said appraisers Vacancy. by neglect or refusal of any of them to act or otherwise, such vacancy shall be filled by the Board of Park Commissioners. sworn. 2nd. The appraisers shall be sworn to discharge their duty as Appraisers appraisers in the matter with impartiality and fidelity; and to make due return of their acts to the Board of Park Commissioners. published. 3d. The said appraisers shall with all reasonable speed give notice Notice by publication in the official newspaper of said city once a week for two (2) consecutive weeks; which last publication shall be at least ten (10) days before the day of such meeting; which notice shall contain a general description of the lands designated by the Board of Park 182 MINNEAPOLIS BOARD ACTS. Appraisers meet. Damage for taking and removing of buildings. Awards to different parties. Appraisers report not deemed to require pay- ment of damages. Report of appraisers filed. Notice by secretary published. R PARKS AND PARKWAYS, Commissioners, and give notice that a plat of the same has been filed, and the said appraisers will meet at a place and time designated in said notices and thence proceed to view the premises, and appraise the damages for property to be taken, or which may be damaged by such improvement. 4th. At the time and place according to said notice, the said appraisers shall view the premises and may hear any evidence or proof offered by the parties interested, and adjourn from time to time for the purpose aforesaid. When their view and hearing shall be con- cluded, they shall determine and appraise the amount of damages to be paid to the owner or owners of each parcel of property proposed to be taken, or which may be damaged by such improvement. 5th. If there should be any building standing, in whole or in part, upon any parcel of the land to be taken, the said appraisers shall in each case determine the amount of damage which should be paid to the owner or owners thereof in case such building, or so much thereof as may be necessary, should be taken, and shall also appraise and de- termine the amount of damages to be paid such owner or owners, in case he or they should elect to remove such building. 6th. If the lands and buildings belong to different persons, or if the land be subject to lease, mortgage or judgment, or if there be any estate in it less than an estate in fee, the injury or damage done to such persons or interests respectively may be awarded to them by the ap- praisers. Provided, that neither such award of the appraisers nor the confirmation thereof by the Board of Park Commissioners shall be deemed to require payment of such damages to the person or persons named in said award, in case it shall transpire that such person or per- sons are not entitled to receive the same. • 7th. The said appraisers having ascertained and appraised the damage aforesaid, shall make and file with the secretary of said Board of Park Commissioners a written report of said Board of Park Com- missioners of their action in the premises, embracing a schedule and appraisement of the damages in each case, with a description of the lands and names of the owners if known to them, and also a statement of the costs of the proceedings. 8th. Upon such report being filed the Secretary of the Board of Park Commissioners shall give notice that such appraisement has been returned, and that the same will be considered by the Board of Park Commissioners at a meeting thereof to be named in the notice; which notice shall be published in the official newspaper of said city once a week for two (2) successive weeks, and the last publication shall be at least ten (10) days before such meeting. Owners of buildings Any person interested in any building, standing in whole or in notify board. part upon any land required to be taken by such improvement, shall on or before the time specified for said meeting, in such notice, notify the said Board of Park Commissioners in writing of his election to remove such building, if he so elect. The Board of Park Commissioners, upon the day fixed for the consideration of such report, or at such subsequent meeting to which appraisement the same may stand over or be referred, shall have power in their Board to confirm, re- vise or annul discretion to confirm, revise or annul the appraisement, in whole or in MINNEAPOLIS BOARD ACTS. 183 PARKS AND PARKWAYS. part; giving due consideration to any objections interposed by parties interested in manner hereinafter specified, provided that said board shall not have the power to reduce the amount of any award. ers to be when. In case the appraisement is annulled, in whole or in part, the New apprais- board may thereupon appoint new appraisers who shall proceed in like appointed, manner, as in case of the first appraisement, as to any lands as to which the former appraisement was annulled; and upon the coming in of their report the board shall proceed in like manner and with the same powers as in case of the first appraisement, and may order re-appraise- ment so often as it shall deem proper. 9th. The damages shall be paid out of the park fund, and shall be so paid, or be deposited and set apart in the treasury of said city to and for the use of the parties entitled thereto, within six (6) months. after the confirmation of such appraisement and report; but in case any appeal or appeals shall be taken from the order confirming said Appeals. appraisement, then the amount of such damage shall not in any case be required to be paid or deposited and set apart as aforesaid, until sixty (60) days after the determination of all appeals which shall have been so taken. The land and property required to be taken for the purposes afore- said shall not be appropriated until the damages awarded therefor to the owner thereof shall have been paid to such owner or his agent, or deposited and set apart for his use as aforesaid. And in case the said Board of Park Commissioners shall be unable to determine to whom the damages so awarded should in any particular case be paid, or in case of disputed claims in relation thereto, or in case of the legal disability of any person interested, the amount of damage in any such case may be deposited by order of the Board of Park Commissioners in the District Court of Hennepin County, in the same manner as moneys are paid into court as provided by law, and in every case such deposit of the money in court shall satisfy all requirements of this act; and said court upon the proper application of any person claiming the award or any part thereof, shall determine to whom the same shall be paid. \ ments. And in case of any re-appraisement or re-appraisements, the amount Re-appraise- of such damage shall not in any case be required to be paid or de- posited or set apart, as aforesaid, until sixty (60) days after final action and determination, including determination upon appeals of such re- appraisements, it being the intention that said board shall be enabled to ascertain the entire cost of any improvement before paying for any part of such improvement. Damages park fund. paid out of Land not to until paid be taken for. Money paid court, when. to district 10th. In case any owner or owners of buildings as aforesaid shall have elected in manner aforesaid to remove his or their buildings, he or they shall so remove them within thirty (30) days from the con- firmation of said report, or within such further time as the Board of Park Commissioners may allow for the purpose, and shall thenceforth be entitled to payment from said park fund of the amount of damages awarded in such case, in case of removal. When such person or per- Buildings sons shall not have elected to remove such buildings, or shall have neg- when. lected (after having elected) to remove the same within the time pre- scribed, such buildings or so much thereof as may be necessary, upon may be sold, Buildings to within 30 be removed days. 181 MINNEAPOLIS BOARD ACTS. Objections. Appeal. Bond. Transcript to clerk of district court. Trial. Court appraisers. PARKS AND PARKWAYS. payment or depositing the damages awarded for such taking, in man- ner aforesaid, may be taken and appropriated, sold or disposed of as the said Board of Park Commissioners shall direct, and the same or the proceeds thereof shall belong to the said park fund. 11th. Any person whose property is proposed to be taken or interfered with, under any provisions of this act, and who deems that there is any irregularity in the proceedings of the said Board of Park Commissioners, or action of the appraisers, by reason of which the award of the appraisers ought not to be confirmed, or who is dissat- isfied with the amount of damages awarded to him for the taking of or interference with his property, may at any time before the time specified for the consideration of the award by the Board of Park Com- missioners, file with the secretary of said board, in writing, his objec- tion to such confirmation, setting forth therein specifically the particu- lar irregularities complained of, and containing a description of the property in which he is interested affected by such proceedings, and his interest therein, and if, notwithstanding such objections, the said. board shall confirm the award, such person so objecting shall have the right to appeal from such order of confirmation of the board to the District Court of the County of Hennepin, within ten (10) days after such order; such appeal shall be made by serving a written notice of such appeal upon the secretary of said board, which shall specify the property of the appellant affected by such award and refer to the objection filed as aforesaid, and by also delivering to said secretary a bond to the City of Minneapolis, executed by the appellant, or by some one on his behalf, with two (2) sureties who shall justify in the penal sum of fifty dollars ($50), conditioned to pay all costs that may be awarded against the appellant. Thereupon the said secretary shall make out and transmit to the Clerk of the said District Court a copy of the award of said commissioners, as confirmed by the board, and of the order of the board confirming the same, and of the objection filed. by the appellant as aforesaid, all certified by said secretary to be true. copies, within ten (10) days after the taking of such appeal. But if more than one appeal be taken from any award, it shall not be neces- sary that the secretary, in appeal subsequent to the first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, but the court shall determine in the first instance whether there was in the proceeding any such irregu- larity or omission of duty prejudicial to the appellant and specified in said written objections, that as to him the award or appraisement or (of) the appraisers ought not to stand, and whether said appraisers had jurisdiction to take action in the premises. The case may be brought on for hearing in eight (8) days notice, at any general or special term of the court, and shall have precedence of other civil cases, and the judgment of the court shall be either to confirm or annul the pro- ceedings, only so far as the said proceedings affect the property of the appellant proposed to be taken or damaged, and described in said written objection. In case the amount of damages awarded is com- plained of by such appellant, the court shall, if the proceedings shall be confirmed in other respects, upon such confirmation, appoint three (3) disinterested freeholders, residents of said city, appraisers, to re- A MINNEAPOLIS BOARD ACTS. 185 PARKS AND PARKWAYS, appraisers. appraise such damages. The parties to such appeal shall be heard by said court upon the appointment of such appraisers, and the court shall fix the time and place of meeting of such appraisers; they shall be sworn to the faithful discharge of their duties as such appraisers, and shall proceed to view the premises and to hear the parties interested with their allegations and proofs pertinent to the question of the amount of such damages; such appraisers shall be governed by the same provisions in respect to the method of arriving at the amount of damages, and in all other material respects as are in this act made for the government of appraisers appointed by said board. They shall, Report of after such hearing and view of the premises, make a report to said court of their appraisal of damages in respect to the property of such appellant. The award of such appraisers shall be final, unless set aside by the court for good cause shown. In case such report is set aside Court may the court may in its discretion re-commit the same to the same ap- praisers or appoint new appraisers, as it shall deem best; said court shall allow a reasonable compensation for their services, and make such award of costs on such appeal, including the compensation of such appraisers, as it shall deem just in the premises. In case the court shall be of opinion that such appeal was frivolous or vexatious, it may adjudge double costs against such appellant. The Board of Park Board may Commissioners shall have the right at any time during the pendency proceedings. of any proceedings for the acquisition of lands for any improvement authorized by this act, or at any time within sixty (60) days after the final order by the court, of all appeals taken in such proceedings, to abandon all such proceedings in respect to the whole improvement or any part thereof, whenever they shall deem it for the interest of the city so to do. set aside. abandon 12th. As soon as said proceedings for acquiring the title to such lands shall have been completed, it shall be the duty of said commis- sioners to make, or cause to be made, an accurate description of all such lands as shall have been so acquired, with a statement of the amount of damages awarded and paid to each former owner for the land so acquired, which shall be certified by the President and Secre- tary of said board, under the official seal of said board, and be filed in the office of the Secretary of the Board of Park Commissioners, and for record in the office of the Register of Deeds of said County of Hennepin; and it is hereby made the duty of said Register of Deeds to record the same among the records of transfers of real estate in said Where county, which records shall be prima facie evidence of title to such land, and of the transfer of all the interests of such former owner in be evidence the same to said City of Minneapolis. recorded. Records to of title. where filed. It shall also be the duty of said Board of Park Commissioners Plats. to have correct plats of all such lands as they may acquire for the purposes of this act, prepared and filed in the office of the Secretary of said Board of Park Commissioners, in the office of the City Engineer of the City of Minneapolis, and in the office of the Register of Deeds. of Hennepin county; which said plat shall be kept on file and of record in the office of said Register of Deeds in like manner as plats of additions to the City of Minneapolis. Commission- a statement ers to make of damages. 186 MINNEAPOLIS BOARD ACTS. [ Assessment of benefits. SEC. 4. As soon as the amount required for the purchase and condemnation of the land selected for any park or parkway, or park purposes, shall have been ascertained by said Board of Park Commis- sioners with reasonable certainty, it shall determine what percentage. if any, of the amount so ascertained shall be assessed upon the lands benefited by said park or parkway, and it shall apply to the district Appointment court of Hennepin county for the appointment of three (3) freeholders of the City of Minneapolis, as park assessors, none of whom shall be residents of the ward or wards in which the property so designated is situated. of park assessors. Purchase of lands. Exemption from assessment. Description on file. Oath. Notice of meeting. Power of assessors. Assessment returned. PARKS AND PARKWAYS. Notice of such application shall be given by publication thereof in the official newspaper of said city at least six (6) days successively, the last of which publication shall be at least three (3) days prior to the date fixed therefor, and all persons interested may appear and be heard by the court touching such appointment. After such hearing the court shall appoint three (3) disinterested assessors who shall pro- ceed to assess upon such lots, blocks, tracts and parcels of land in the City of Minneapolis as they shall deem to be specially benefited by such park or parkway, whether such land shall adjoin and abut upon such park or parkway or not, and whether exempted from assess- ment or not, such sum as they shall deem a just proportion respectively of the total sum so to be assessed for benefits; and the determination of said assessors as to what lots, blocks and parcels of land especially are specially benefited shall be deemed to include all the lands so ben- efited. In case of the purchase of lands for any such parks or park- ways, or of any part thereof, it shall be competent for said Board of Park Commissioners to agree with the vendor or vendors of the land so purchased upon a price therefor, which may in addition to the pur- chase price thereof include exemption from an assessment for benefits upon any remaining contiguous or adjacent lands owned by such vendor or vendors, the amount of which exemption shall be specifi- cally agreed upon in the contract or conveyance; provided in all such cases an accurate description shall be furnished to said board by the party to be exempted, specifying the lands so to be exempted, which description shall be filed in the office of the Secretary of said Board. and a certified copy thereof shall be recorded in the office of the Register of Deeds of Hennepin county; and it shall be the duty of said Register of Deeds to file and record the same. Before proceeding to act under such appointment the said assessors shall make oath faithfully and impartially to discharge the duties of their said office, and shall then give notice of the time and place of their meeting, for the purpose of making said assessment, by publication thereof for six (6) successive days in the official newspaper of said city, the last of which publications shall be at least three (3) days before the time of meeting; all parties interested may appear before said assessors and be heard touching any matter connected with the assessment. The assessors shall have power to administer oaths to witnesses and shall hear and consider any pertinent testimony offered and they may adjourn their meetings from time to time until the assessment is completed. When completed the assessment shall be signed by the assessors or by a majority who shall concur therein, and shall be re- turned to and filed in the office of the clerk of said district court. MINNEAPOLIS BOARD ACTS. 187 PARKS AND PARKWAYS. assessment. The Board of Park Commissioners shall cause to be published in Notice of the official newspaper of the City of Minneapolis at least six (6) days successively, a notice of the filing of said assessment roll; which no- tice shall set forth the boundaries of the district in which said assess- ments have been levied; and that they will on a day named therein apply to said court for the confirmation of said assessment, the last of which publications shall be at least five (5) days prior to said appli- cation. Court to revise or confirm. Objections Said district court shall have power to revise, correct, amend and confirm said assessment in whole or in part, and may make or order a new assessment in whole or in part, and the same revise, correct, amend and confirm upon like notice. All parties interested may appear before said court at the time of such application, and object to said assessment either in whole or in part, but all objections shall be in filed. writing specifying the tracts or parcels of land in respect to which objection is made, and shall be filed with the clerk of said district court at least two (2) days before the time fixed for the application. Objec tions which relate merely to the amount assessed upon the premises specified shall not be available, unless the court shall be satisfied that the assessors in fixing such amount were governed by improper mo- tives, or proceeded upon erroneous principles, or under an obvious mis- take of facts. After the confirmation of such report, the Board of Assessment, Park Commissioners shall cause a copy thereof, as amended and con- firmed, to be filed in the office of the Auditor of Hennepin county, and the copies of such assessment rolls as have heretofore been filed in the office of the clerk of said court, shall be transferred to and filed in the office of said county auditor. Such assessment shall be a lien Assessment, upon the several tracts or parcels of land so assessed for benefits, as aforesaid, and ten (10) per cent of the amount thereof shall be due and payable annually. how filed. a lien. Auditor to include in The auditor of said Hennepin county shall include in the general tax list. tax list for the collection of state, county and city taxes, ten (10) per cent of said assessment for each year, until the whole sum is paid, set- ting opposite the several tracts or parcels of land assessed the amount of such assessment in an appropriate column to be headed “park as- sessments," and like proceedings, in all respects, shall be had for en- forcing the collection of the same as is now provided by law for the collection of state, county and city taxes. In case any of the tracts or parcels of land which have been or which may hereafter be assessed for benefits, as aforesaid, have been or shall hereafter be replatted or otherwise subdivided, said county auditor shall have power to apportion the amount originally assessed thereon among the several lots, blocks or parcels into which the same has or shall be so subdivided, in such manner that the several subdivisions thereof shall bear their just pro- portion of the benefit tax as so assessed or confirmed. Said county auditor shall provide, and keep, as one of the records of his office, a suitable book or books, in which he shall enter the several tracts and parcels of land so assessed, with a statement of the amounts assessed thereon respectively, and all payments made on account of such as- sessments, with such other facts in relation thereto as he may deen advisable; and the Board of Park Commissioners may compensate said auditor for such services in any sum which said board shall deem just and reasonable. Re-platting tionment. -re-appor- County auditor to keep record of assess- ments. Compensa- auditor. tion of 188 MINNEAPOLIS BOARD ACTS. Owner may pay assess- ment. Issuance of bonds. Bonded debt not to ex- ceed limit. Secretary to keep a register. Lands subject to purchase price. Assessment of tax for interest. Auditor to determine tax. Collection. City park fund. PARKS AND PARKWAYS. If the owner of any tract or parcel of land assessed as aforesaid, shall at any time make payment of such sum as being put at simple interest at seven per cent per annum would amount to the sum of the several installments of such entire assessment, at the time they would respectively become due under the provisions of this section, the said lands shall henceforth be free from the lien of the assessments so paid and discharged. SEC. 5. For the cost of acquiring a title to lands for said parks and parkways, the said Board of Park Commissioners shall have power to borrow, from time to time, for such times as it shall think expedient, not exceeding fifty (50) years, a sum of money the annual interest upon which for all the moneys so borrowed, including the sums heretofore borrowed, shall not exceed thirty-five thousand dollars ($35,000), and for that purpose shall have authority to issue bonds of the City of Minneapolis, to be denominated "park bonds," secured upon said parks and the improvements thereon; which bonds shall issue under the seal of said Board of Park Commissioners, and shall be signed by the president and secretary of said board, and countersigned by the Comptroller of the City of Minneapolis, and shall bear interest not exceeding four and a half (42) per cent per annum. And in no case shall bonds be issued by said commissioners so that the bonded debt of the city shall exceed the limit fixed by law. It shall be the duty of the Secretary of said Board of Park Commissioners and of the City Comptroller to keep an accurate register of all bonds issued, showing the amount, number and date of each bond. And for the payment of the principal and interest of said bonds, the said parks and improvements thereon shall be irrevocably pledged with a first lien thereon, and the City of Minneapolis shall be irrevocably bound; provided that all lands shall be first subject to the unpaid purchase price. thereof; and said bonds may be sold by said Board of Park Commis- sioners, upon such terms and for such prices as in its judgment are the best that can be obtained for the same. SEC. 6. The said Board of Park Commissioners shall annually, on or before the first (1st) day of October in each year, transmit to the Auditor of Hennepin county an estimate in writing of the amount of money necessary for the payment of interest on bonds issued by said board, and that will be required for the purchase, improvement, maintenance and government of said parks and parkways during the succeeding year; which amount shall not exceed what will be raised by a tax of one (1) mill upon each dollar of valuation of the taxable property in said city; and the said auditor shall proceed to determine what per cent said sum is on the taxable property of said city according to the assessor's returns, and shall, in the next general tax list for the collection of city, state and county taxes, in said city, set down the amount chargeable to the several persons, corporations, lots or parcels of ground in a separate or appropriate column, and the proper officers shall proceed to collect the same in the manner now provided by law for the collection of city, state and county taxes, and all the provisions. of law in respect to the collection of city, state and county taxes, and proceedings to enforce the same as far as applicable, shall apply to said assessments and taxes; the said sum of money, together with all • MINNEAPOLIS BOARD ACTS. 189 PARKS AND PARKWAYS, other moneys provided for the purpose of this act, shall be placed by the City Treasurer of the City of Minneapolis to the credit of said Board of Park Commissioners, and shall be drawn by said board from the City Treasurer by warrant signed by the president and secretary of the board and countersigned by the City Comptroller and in no other way; and shall constitute a special fund to be known and denom- inated the "city park fund." SEC. 7. It shall be lawful for said Board of Commissioners to vacate and close up any and all public roads and highways excepting railroads which may pass through, divide or separate any lands selected or appropriated by it for the purpose of parks; and no such road, high- way nor any railroad shall be laid out through said parks or any of them, except such as the said Board of Commissioners shall itself lay out and construct or shall consent to. SEC. 10. Whenever the title shall have been acquired for the purpose of this act, to the land constituting the shore or shores of any stream of water, lake or pond, said board may regulate and control the use of such shore or shores and the water contiguous thereto, and in case such ownership shall embrace the entire shore of any such lake or pond, said board is hereby empowered to take any and have exclusive. charge and control of the waters of said lake, and may in all things regulate and govern the use of such waters, and may prescribe penal- ties for the violation of such rules and ordinances as it may adopt for that purpose; provided, that said board shall not prohibit the use of sail or row boats on such waters. Vacation of streets. and closing Construction SEC. 8. The said board shall have power to construct all neces- sary bridges and viaducts over water courses and railroads within or of bridges on the line of said parks and parkways. and viaducts. SEC. 9. The funds which may be received for and upon the spe- cial assessments of benefits herein provided for, shall be paid into the city treasury as a part of the park fund. No road, highway or through railroad park. } SEC. 12. Whenever the title to any piece or parcel of real estate that has, or may hereafter be, acquired under the provisions of this act, either by purchase or condemnation and the proceedings for the establishment of a particular park or parkway, of which said piece of land, or parcel of land, was designated to form a part has been, or may hereafter be, abandoned by said board, as by this act authorized, in consequence of which abandonment said piece or parcel of land has or may become unavailable as a park of said park system, such lands may be sold and conveyed by deed executed in the name of said city by the president and secretary of said board, at such price and upon such terms as said board may direct or approve. No such sale shall be Expenditure received for of money benefits. shore rights. SEC. II. The lands which may be designated and obtained under the provision of this act, shall remain forever for parks and parkways for the use of all the inhabitants of the said city, subject to such rules and regulations as the Board of Park Commissioners shall prescribe, said parks being subject to the lien of the bonds which may be issued for their purchase, provided that land purchased shall be first subject to the unpaid purchase price; which lien, in case of non-payment of said Lien en- bonds at the maturity thereof, may be enforced by sales pursuant to any decree of a court of competent jurisdiction. forced by sales. Sail or row boats not prohibited. acquired Lands subject to lien for bonds issued lands not Sale of available for park pur- poses. 190 MINNEAPOLIS BOARD ACTS. Sale not valid, when. Court to enforce. Rules. Penalties. Fines and penalties credited to park fund. City attorney. Policemen, how ap- pointed, dis- charged and paid. Powers of policemen. Opening, improving and vacation of streets, how. PARKS AND PARKWAYS. valid, however, unless authorized by the district court of Hennepin county by its order describing the premises to be sold and entered upon the petition of such board, after hearing of all interested parties. upon such notice by publication or otherwise, as such court may pre- scribe. And such district court is hereby empowered to make and en- force all such orders, judgments and decrees as it may deem proper in the premises; and such conveyance so authorized and executed shall vest in the grantee all right, title and interest of the City of Minneapo- lis in such lands acquired by such condemnation or purchase. SEC. 13. Said board shall have the power to adopt rules and ordi- nances to secure the quiet, orderly and suitable use and enjoyment of said parks and parkways by the people, and to fix and ordain penalties for the violation thereof; which ordinances shall take effect from and after the publication thereof in the official newspaper of said city, and the same shall be enforced by prosecution in the Municipal Court of said city, as in the case of other ordinances of said city. The Clerk of the Municipal Court of said City of Minneapolis shall receive all finest and penalties imposed by the said Municipal Court for the violation of park ordinances, and shall keep full, accurate and detailed account of the same; and shall, on the first Monday of every month, deliver over to the City Treasurer of the City of Minneapolis all moneys so received; which moneys so received when so paid to the said City Treasurer shall become a part of the park fund of said city. The City Attorney of the City of Minneapolis shall have charge of all prosecutions, and shall prosecute all violations of park ordinances before the Municipal Court of said City of Minneapolis. The Mayor of the City of Minneapolis shall, upon request of the Board of Park Commissioners, appoint as policemen such persons as such board may request; and which policemen shall be under the control and direction of said board, and may be discharged by said board, and said board shall provide for the payment of such policemen out of the park funds. All policemen so appointed shall possess all the common law and statutory powers of constables; and any warrant for search or arrest issued by any magistrate or court of record in Hennepin county may be executed in any part of said county by any member of said police force. 721. *SEC. 14. The said Board of Park Commissioners shall have and exercise all such powers and jurisdiction over and in relation to park ways as now is, or hereafter may be, conferred upon the City Council in respect to the laying out, opening, widening and improving, vacat- ing and discontinuance of streets; the grading, paving, and curbing thereof; the construction of sidewalks; and the cost of all lands ac- quired, and of all improvements made by said board pursuant to this section shall be levied upon and collected from the property specially benefited thereby. And the proceedings for the condemning of land and for assessing benefits for improvements shall be conducted in the manner hereinbefore in this act provided for condemning lands and assessing benefits. *Entire section 14 as amended by chapter 103, section 2, Special Laws 1889, p. MINNEAPOLIS BOARD ACTS. 191 PARKS AND PARKWAYS. Water mains in streets. and sewers The City Council of said City of Minneapolis shall have the same power and jurisdiction in respect to laying water mains and sewers along parkways in the said city as it now has in respect to laying the same along the public streets; and the same proceedings for levying How and collecting special assessments for water mains and sewers along such streets shall apply to levying and collecting the same for water mains laid along the parkways. assessed. Park-ways subject to Park Board. All parkways which have been or which may be acquired in or adjacent to the City of Minneapolis shall be subject to the control and control of government of the Board of Park Commissioners of said city, in re- spect to the construction, maintenance, regulation and government thereof; and to the use, travel and traffic over and upon the same; provided, that no street, alley or public place, or any part thereof, shall be taken for a parkway without the consent of the City Council of said city. The said Board of Park Commissioners may acquire by gift, Park-ways lands without the corporate limits of said city for the purpose of con- tinuing or completing any system of parkways within said limits; and shall possess the same powers and jurisdiction over said parkways as if they were wholly within the city limits. trees, etc. SEC. 15. (12) The Board of Park Commissioners of the City Planting of of Minneapolis shall hereafter have the authority to direct and regulate the planting and preservation of shade and ornamental trees and shrubbery in the streets, alleys and public grounds of said city. And to appoint, upon the recommendation of its president, a City Forester, whose general duties it shall be to inspect, and in his discretion con- demn and destroy any trees or shrubs offered for sale in said city, if so ordered by said Park Board. To superintend and regulate the planting and culture of the same in said streets, alleys and public grounds, and to perform such other similar duties as said board may by ordinance prescribe. Said board is also authorized to enact such ordinance or ordi- nances as it may deem proper to carry out the purposes of this act and shall provide for the proper compensation of such City Forester to be paid out of the park funds. No shade or ornamental trees or shrubbery growing in the streets, alleys and public grounds of said city, shall be destroyed or removed except by leave in writing first obtained from the president of said Board of Park Commissioners; the same to be duly countersigned and recorded by the secretary of said board. outside city limits. City forester -Duties of. Compensa- tion. Trees. etc.— Not re- moved. violation of ordinances. And the said Board of Park Commissioners may, by proper ordi- Penalties for nances, provide for the enforcement of this section, fix penalties for the violation thereof; and the Municipal Court of said city shall have jurisdiction of all offenses against such ordinances. SEC. 16. Said Board of Park Commissioners may in its discretion Shade trees. cause suitable shade trees to be planted along, and upon any street or alley, or any portion thereof, and upon any public grounds in said city; and may cause to be assessed upon the piece or parcels of land abutting and upon such street, alley or public ground, and benefited for. by such improvement, the cost of purchasing and planting such trees, together with such sum as may be deemed necessary for the proper care of said trees for the period of three (3) years after such planting. Assessment 192 MINNEAPOLIS BOARD ACTS. Limit of assessment. Board shall direct amount to be assessed. Assessment collected. No state law to repeal. Pending proceedings how com- pleted. Public act. Act to take effect. The sum so assessed shall not be greater than fifty (50) cents per front foot upon any piece or parcel; and any trees that may die within three years after having been planted by said Board of Park Commis- sioners, shall be replaced by said board without additional assessment. The said board shall, by resolution, direct the amount to be as- sessed against each piece or parcel of land; and its assessment shall be deemed to include all pieces or parcels benefited, and the secretary of said board shall, on or before the first (1st) day of October, of each year, transmit to the County Auditor of Hennepin County a certified copy of all such resolutions not previously certified to said County Auditor. SEC. 21. And the said County Auditor shall extend the assessments in proper columns against the pieces or parcels assessed, and such as- sessments shall be collected and the payment thereof enforced with, and in like manner as state, county and other taxes are collected, and the payment thereof enforced. And such assessments when collected shall be paid over by the County Treasurer to the City Treasurer of the City of Minneapolis and be placed by him in the park fund. SEC. 17. No law of the state contravening the provisions of this act shall be considered as repealing, amending or modifying the same, unless such purpose be expressly set forth in such law. SEC. 18. Nothing in this act shall be deemed to impair, inval- idate, or in any way affect any actions or proceedings of the Board of Park Commissioners of said city as the same has heretofore existed; provided, that in all matters where the provisions of this act can so apply without injury to the interests of said city, the same shall apply as to unfinished proceedings. SEC. 19. This act shall be a public act, and need not be pleaded or proved in any case. SEC. 20. All acts and parts of acts, whether in the charter of the City of Minneapolis or elsewhere, inconsistent with any provisions of this act, are hereby repealed. This act shall take effect and be in force from and after its passage. AMENDMENTS TO PARK BOARD ACT. Chapter 281, Special Laws 1883, Page 404. Division of Act. Section 1-See also. Section 2.. Section 4-Subd'n 1. 6. 8. 9 to read.. 12.. 12. See also.. See also.. See also.. See also.. Section 5-to read. Section 9.. Section 13. Section 14-to read.. Entire act-to read. Section 2-to read. Section 14-to read. • 4 • · * • • + • • ► • • · • • · · • • · PARKS AND PARKWAYS. • • · • Approved. Year. Chap. Sec. Page. Mar. 4 Feb. 26 1887 20 1887 18 1887 19 457 455 Feb. 22 Feb. 24 1885 96 Feb. 22 1887 19 96 Feb. 24 1885 Feb. 24 1885 96 Feb. 22 1887 19 Feb. 24 1885 Feb. 26 1887 Feb. 26 1887 18 1887 Feb. 26 18 30 Mar. 11 Apr. 22 Apr. 22 Mar. 9 Feb. 19 Mar. 4 Mar. 25 96 18 1889 1889 103 1889 103 1885 304 17 1887 1887 20 1891 140 1 11QQ MM +Q3 2 2 3 3 4 2 4 1 1 Q 2 455 265 456 265 265 456 266 454 454 455 560 720 721 546 453 457 771 MINNEAPOLIS BOARD ACTS. 193 An Act to Regulate the Issue of Bonds by the Board of Park Commissioners of the City SECTION. 1. PARK BONDS. of Minneapolis. (Approved March 25, 1891, Chapter 140, Special Laws 1891, Page 771.) 2. Bonds void, when. Issuance of Bonds-How Signed- Register. SECTION. 3. Inconsistent Acts Repealed. 4. Act to Take Effect. SECTION I. No bonds shall be issued by the Board of Park Com- missioners of the City of Minneapolis for any purpose whatsoever, except with the consent and upon the direction and approval of the City Council of said city. All bonds so issued by said board shall be countersigned by the Mayor and Comptroller of said city; Provided, That nothing in this act contained shall be construed as prohibiting the issuance of park bonds to the amount of fifty thou- sand (50,000) dollars, already ordered by resolution of said board, to defray the expense of contemplated improvements. No bonds issued with- out consent of council. How signed. Bonds ordered. already And it shall be the duty of said Board of Park Commissioners Register. and of the City Comptroller to keep an accurate register of all bonds issued, showing the amount, number and date of each bond. when. SEC. 2. Any bonds issued by said board, except as provided in Bonds, void this act, shall be void. acts SEC. 3. All acts and parts of acts inconsistent with the provisions Inconsistent of this act are hereby repealed. repealed. This act shall take effect and be in force from and after its Act to take effect. SEC. 4. passage. 194 MINNEAPOLIS BOARD ACTS. Designation of site. An Act to Designate a Site for a Public Building in the City of Minne- apolis, to be used as a Court House for Hennepin County, and a City Hall for said City, and to Create a Board of Commissioners to Pur- chase or Condemn said Site and to Construct a Suitable Building thereon, and to Authorize said Board to Issue and Sell Bonds to pay for said Site and Building. (Approved March 2, 1887, Chapter 395, Special Laws 1887, Page 1026.) SECTION. 1. COURT HOUSE AND CITY HALL. 4. 5. 2. First Board of Commissioners- Terms, Vacancies, etc.-Com- pensation. 3. Organization and Officers.-Oath of Office, Bonds, etc. Designation of Site.-Purpose Stated. Board may Purchase or Condemn Lands.-Site to be Conveyed, how.-Rules and By-Laws. Transfer of School House Site.- Board of Education. ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ 6. Appraisers, how Appointed.-No- tices and Hearing.-Standing Buildings Separate Damages, when. Report of Appraisers. 7. Removal of Buildings.-Action on Appraisers' 'Report. Re-ap- praisement, when.-Payment of Damages.-Deposit in Court, when.-Failure to remove Build- ings.-Disability of Owners. M M 8. Objections and Appeals.-Bond for Costs.-Copy of Record.-Plead- ings, Proceedings, etc.-No Ap- peal or Writ of Error. SECTION. 9. Description of Lands Taken, etc., to be Recorded.-Duty of Regis- ter of Deeds.-Record prima facie Evidence of Title. 10. Building to be Erected.-Court House and City Hall.-Furnish- ings.-Prison Labor.-Order Building. Passage-ways. Deeds. 11. Issue of Bonds.-Limit $1,500,000. -County and City Series. Bonds a Lien on Land and Building.-Conditions and Re- strictions. Each Series limited to $750,000.- How issued and Disposed of.- Adjustment Between City and County.-Books and Accounts. County Commissioners to Levy Tax for Interest.-One per cent. per year for Sinking Fund. 14. City Council to Provide for Inter- est in Tax Levy.-Sinking Fund One per cent. per year. City Series not to Increase Bond- ed Indebtedness of City Beyond a Five per cent. Total. Act to Take Effect. 12. 13. 15. of 16. M Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That block seventy-seven (77) in the town (now city) of Minneapolis, in the county of Hennepin and state of Minne-- sota, be and the same hereby is designated as a site for, and the same shall be the site of a public building to be erected thereon as herein provided for, to be used for a court house for said Hennepin county, and a City Hall for the City of Minneapolis, as herein or hereinafter by law provided for. MINNEAPOLIS BOARD ACTS. 195 COURT HOUSE AND CITY HALL. SEC. 2. That William D. Washburn, Charles M. Loring, John C. Oswald, John Swift, Oliver T. Erickson, W. S. Chowen, David M. Clough, Lars Swenson and Titus Mareck, who are residents and citi- zens of said county of Hennepin, be, and they hereby are, appointed commissioners, who together with their successors in office, to be appointed, as herein named, are hereby created and shall hereafter be known and designated as "THE BOARD OF COURT HOUSE AND CITY Style of HALL COMMISSIONERS.” board. Bond of Commission- ers. office. Each of said commissioners shall hold said office until said site Term of shall have been purchased or condemned, as herein provided, and a suitable building for a court house and city hall shall have been built, fully completed and furnished as herein provided; and in case of a vacancy occurring in said Board of Court House and City Hall Com- missioners, the same shall be filled by the remaining members of said board, by ballot from among the electors of said Hennepin county, provided, that no person shall be elected to fill such vacancy without first having received the ballots of the majority of the whole board. And the person or persons so appointed, upon taking the oath prescribed in and by section three of this act, shall be deemed members of said board in all respects as though originally appointed by the terms of said act. No member of said board shall receive any com- Compensa- pensation for his services, nor shall any member of said Board of Court House and City Hall Commissioners be or become a party inter- ested directly or indirectly in any contract made by said board or under its authority. tion. vacancy, how filled. As amended by Chap. 62, Sec.2, Sp. Laws 1889, p. 680. Oath. members. *The Board of Court House and City Hall Commissioners created Additional by an act of the legislature entitled "An Act to designate a site for a public building in the City of Minneapolis, to be used as a court house for Hennepin county and a city hall for said city, and to create a board of commissioners to purchase or condemn said site, and to construct a suitable building thereon, and to authorize said board to issue and sell bonds to pay for said site and building," approved March second, one thousand eight hundred and eighty-seven (1887), shall hereafter (April 16, 1889), consist of twelve (12) members, and George A. Brackett, Edgar F. Comstock and Edward M. Johnson, electors and residents of said Hennepin county, are hereby appointed such additional members of said board. Such additional members shall take the oath prescribed in and by section three of said act, and shall thereupon be deemed members of said board in all respects as though originally appointed by the terms of said act. SEC. 3. Said commissioners shall, as soon as practicable within Oath of ninety (90) days after the passage of this act, meet at the court house office. in the City of Minneapolis, and each one of said commissioners shall take an oath before one (1) of the judges of the district court of said Hennepin county, to support the Constitution of the United States, the state of Minnesota, and that he will faithfully and honestly perform Nature of the duties of said office as one of said commissioners, and that he will not knowingly permit any fraud, dishonest practice or cheating by any contractor or other person, doing work or performing labor in or about the purchase or condemnation of said site, or the erection oath. *Sec. 1 of chapter 62. Special Laws 1899, p. 679. 196 MINNEAPOLIS BOARD ACTS. Oath of com- missioners. President and treasurer. Successors. Secretary and agents. Treasurer's bond. Acquisition of block 77. Purchase or condemna- tion. Rules and by-laws. Sale of block 77. Board of education, etc. Terms of sale. Condemna- tion of school prop- erty. Appraisers appointed, when. COURT HOUSE AND CITY HALL. or furnishing of said public building contemplated by this act, nor will he knowingly permit any such fraud, dishonest practice or cheating by any person or persons whomsoever. Said commissioners shall elect one (1) of their number to act as president of said board, and one (1) of its members to act as treas- urer of said board, each of whom shall hold his respective office until the first (1st) Tuesday after the first Monday of January, one thou- sand eight hundred and eighty-eight (1888), unless sooner removed by said board, and until his successor shall have been elected and shall have entered on the duties of his office, and on every Tuesday after the first (1st) Monday of each January thereafter, a like election of president and treasurer shall take place, who shall hold their respective offices, unless sooner removed by said board, until their successors are elected and enter upon their duties. Said board may appoint a secretary and such other employes and agents, to be paid such com- pensation as said board may designate, and as to said board may seem best; said board shall require such proper bond with two (2) or more good sureties to be given by said treasurer to said board for the benefit of said board, or said county, or said city, as the case may be, as said board shall require. SEC. 4. Said board shall have the power to acquire in itself (for the purposes herein named and on behalf of the county of Hennepin and City of Minneapolis), either by purchase or by condemnation, ast herein provided, the title to said block seventy-seven (77), but it shall at the time herein designated convey such part of the same respectively to said county of Hennepin and to said City of Minneapolis, in sev- eralty, as shall be determined upon by said board, and as ought under the designs of this act to be conveyed to each said county and said city. Said board may make all necessary rules and by-laws for their own government or for the government of their employes or agents, or the transaction of its business. SEC. 5. Said board and "The Board of Education of the City of Minneapolis" shall have the right to enter into such arrangements as they can agree on for the sale of any lands in said block seventy-seven (77) now held or owned for school house or other school purposes, or otherwise, by said "The Board of Education of the City of Minneapo- lis," or by any other board, trustee or trustees, or corporation, or by said City of Minneapolis; and such arrangements may include the taking of the bonds hereinafter provided for, by said The Board of Education of the City of Minneapolis, or may include the sale of the same on time, on such terms as may be agreed on, or, in case satisfactory arrangements cannot be made for such sale and pur- chase of such school house property or other school property, then the same may be condemned by the board hereby created, as herein pro- vided, for the purposes herein named. Gr SEC. 6. Whenever said board is unable to make satisfactory ar- rangements for the purchase of any part of said block seventy-seven (77), said board hereby created shall have the authority and it is hereby authorized to appoint three (3) disinterested citizens of Hen- nepin county, who shall be freeholders therein, as appraisers to ap- praise the damages to the owner or owners or incumbrancers of, or to MINNEAPOLIS BOARD ACTS. 197 COURT HOUSE AND CITY HALL. 1 Parties to be heard. meeting of damages. Standing Damages. When any person having a lien on or interest in any part of said block seventy- seven (77) or of any portion thereof; such appraisers shall, after Notice of being duly sworn to faithfully and impartially discharge their duties, give notice as soon as practicable of the time when .and place where they will meet to attend to the business of their appointments, which notice shall be published at least ten (10) days in two (2) daily news- papers published in the City of Minneapolis; and at the time and place specified in such notice they shall proceed to hear all persons interested in the subject of said appraisement, at which time they shall also view the premises; and they may hear any evidence offered by any Evidence to parties interested, and may adjourn from day to day for the purpose be taken. aforesaid. They shall so hear the owner or owners and also any person having any interest in or lien upon any part of said block; when their Award of view and hearing shall be concluded they shall determine the amount. of damages to be paid the owner or owners, and to each person who may have any interest in or lien upon any part of said block. If there should be any building standing in whole or in part upon any part buildings- of said block to be taken, said appraisers shall in such case determine the amount of damages which should be paid to the owner or owners thereof in case such building, or so much thereof as may be necessary, should be taken; and shall also appraise and determine the amount of damages to be paid such owner or owners, in case he or they should building elect to remove such building; and the damages in relation to the build- ing aforesaid shall be appraised separately from the damages in relation damages. to the land upon which the same is erected. If the lands and buildings Damages belong to different persons, or if the land be subject to lease, mortgage when more or judgment, or if there be any estate less than an estate in fee, the owner. injury or damage done such persons so interested respectively may be awarded to them by the appraisers; provided, that neither such award made by the appraisers, nor the confirmation thereof by the Board herein created shall be deemed to require payments of such damages. to the person or persons named in said award in case it shall transpire that such person or persons are not entitled to receive the same. The said appraisers having ascertained and appraised the damages aforesaid filed. shall make and file with the Secretary of the Board hereby created a written report to said Board of their action in the premises, which re- port shall contain a schedule of the appraisement of damages made Schedule to each person, with a description of the lands and names of the owner, scription. if known to them, and of the interests therein of each person to whom they award damages, and also a statement of the costs of the proceed- ings. Upon the filing of such report the Secretary of the Board hereby Notice of created shall give notice by publication in the newspaper in which proposed said appraisers gave their first notice, by publication therein for ten (10) days, to the effect that said appraisement has been returned and filed with said Secretary, and that the same will be confirmed by the Board hereby created at a meeting thereof to be named in said notice, to be in unless objections are made in writing by persons interested in any land required to be taken. than one Award to be and de- confirmation. Objections writing. Payments not to be made, when. SEC. 7. Any persons interested in any building or buildings Notice of standing in whole or in part upon any land required to be taken shall, on or before the time specified in such notice for such confirmation, removal of buildings. 198 MINNEAPOLIS BOARD ACTS. Action of board on award. New appraisers, when. Payment or tender of damages. Deposit in case of appeal. Payment before possession. Disputed ownership, etc. Buildings, when removed. Failure to remove. Buildings may be sold. Legal dis-. ability of owner. Objections to confirma- tion. COURT HOUSE AND CITY HALL. notify said Secretary in writing of their election to remove such build- ing. The Board hereby created, upon the day fixed for the consider- ation of such report, or at such subsequent meeting to which the same may stand over, or be referred, shall have power in their discretion to confirm, raise, revise or annul the appraisement, giving due considera- tion to any objections interposed by parties interested, and if so an- nulled said Board may appoint other appraisers, in like manner as the first appraisers, to act in the same manner to reappraise the same. The damages appraised shall be paid by said Board, and shall be so paid or tendered or be deposited with the clerk of the district court of said county as hereinafter provided, within three (3) months after the con- firmation of such appraisement and report; but in case any appeal or appeals shall be taken from the order confirming such appraisement, then the amount of such damages shall not in any case be required to be paid or tendered or deposited with said clerk of the district court as aforesaid, until thirty (30) days after the determination of all appeals which shall have been so taken. The land and property re- quired to be taken for the purposes aforesaid shall not be taken pos- session of until the damages awarded to the owner thereof, or other person entitled thereto, shall have been paid or tendered to such owner or deposited with the clerk of said court, as hereinafter provided, and in case such Board shall be unable to find the owner or other person to whom such damages are due, in order to pay or tender the same, or in case said Board shall be unable to determine to whom the dam- ages so awarded should in any particular case be paid, or in case of disputed claims in relation thereto, the amount of damages in any such case may be deposited by order of said Board in the district court of Hennepin county; the said court upon proper application of any person claiming the award or any part thereof, shall determine to whom the same shall be paid. In case any owner or owners of buildings as aforesaid shall have elected in manner aforesaid to remove his or their buildings, he or they shall so remove them within thirty (30) days from the confirmation of said report, or within such further time as the Board may allow for the purpose, and shall thenceforth be entitled to payment of the amount of damages awarded in such case. In case of removal, when such person or persons shall not have elected to remove such buildings, or shall have neglected (after having elected) to remove the same within the time prescribed, such buildings, or so much thereof as may be necessary upon payment or depositing the damages awarded for such taking, in manner aforesaid, may be taken and appropriated, sold or disposed of as the said Board shall direct, and the same or the pro- ceeds thereof shall belong to the fund hereinafter named. When any known owner of lands or tenements affected by any proceeding within this act, shall be an infant, or shall labor under any legal disability, a judge of the district court of Hennepin county may, upon application of one of said commissioners, or of said Board, or of such party by his next friend, appoint a suitable guardian for such party, and all notices required by this act shall be served upon such guardian. SEC. 8. Any person whose property is proposed to be taken or in- terfered with, under any provision of this act, and who deems that there MINNEAPOLIS BOARD ACTS. 199 COURT HOUSE AND CITY HALL. is any irregularity in the proceedings of the said Board, or action of the appraisers, by reason of which the award of the appraisers ought not to be confirmed, or who is dissatisfied with the amount of damages when and awarded to him for the taking of or interference with his property, how made. may at any time before such award shall be confirmed by the Board of Commissioners, file with the Secretary of said Board, in writing, his objection to such confirmation, setting forth therein specifically the particular irregularities complained of, and containing a description of the property affected by such proceedings, and if, notwithstanding Right of such objections, the said Board shall confirm the award, such person appeal. so objecting shall have the right to appeal from such order of con- firmation of the Board, to the district court of the county of Hennepin, made. appeal. at any time within twenty (20) days after such order; such appeal shall appear, how be made by serving a written notice of such appeal upon the Secre- tary of said Board, which shall specify the property of the appellant affected by such award, and refer to the objection filed as aforesaid, and also by delivering to said Secretary a bond to the said Board, exe- Bond on cuted by the appellant, or by some one on his behalf, with two (2) sureties, who shall justify in the penal sum of fifty dollars ($50), conditioned to pay all costs that may be awarded against the appellant. Thereupon, the said Secretary shall make out and transmit to the clerk of the said district court a copy of the award of said commissioners, as confirmed by the Board, and of the order of the Board confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said Secretary to be true copies, within ten (10) days after the taking of such appeal. But if more than one appeal be taken from any award, it shall not be necessary that the Secretary in appeal subsequent to the first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, but the court shall determine in the first instance whether there was in the proceeding any such irregularity or omission of duty prejudicial to the appellant, and specified in said written objections, that as to him the award or appraisement of the appraisers ought not to stand, and whether said appraisers had jurisdiction to take action in the premises. The case on such irregularities may be brought on for Case to have hearing in eight (8) days' notice, at any general or special term of precedence. the court, and shall have precedence of other civil cases, and the judg- ment of the court shall be either to confirm or annul the proceedings, only as the same affects the property of the appellant proposed to be taken or damaged, and described in said written objection. From such No appeal. determination no appeal or writ of error shall lie. In case the amount of damages awarded is complained of by such appellant, the court shall, determine if the proceedings shall be confirmed in other respects, upon such con- when. firmation, submit the question of damages sustained by appellant to a jury, at a general term of said court and said jury shall find the value Separate of the real estate of the appellant as well as of the buildings thereon, separately, or of the value of the real estate and the buildings thereon together, as the court may direct, in accordance with the facts in the what. case whether or not the appellant has elected to retain the buildings, as hereinbefore provided. Upon said verdict, unless set aside by the Judgment court, as in the case of other verdicts of juries on the motion for new entered. Jury to damages, values. Jury to find, how Certified copy of award and Certified copy addi- appeals. tional Court proceedings. 200 MINNEAPOLIS BOARD ACTS. No appeal. Award, etc., to be recorded. Record, and effect of. Building to be erected. SEC. 9. As soon as said proceedings for acquiring the title to such lands shall have been completed said Board shall make an accurate description of each parcel of land so condemned, together with the names of the owners thereof, and any incumbrancer thereof, or other person having any lien or interest therein, with a statement of the amount of damages awarded therefor, either by said appraisers, or by the court or jury, together with a copy of the receipt of such owner, incumbrancer, or other person having a lien upon or interest therein, or in case the same has been paid to the Clerk of said Court, and has not been received by such owner, incumbrancer or other person hav- ing a lien upon or interest in said land, then a copy of the receipt of Receipts and said Clerk of the Court therefor, all of which shall be certified to by certificates. the President and Secretary of said Board under the official seal of said Board, and be filed for record in the office of the Register of Deeds in said county of Hennepin, which said Register of Deeds shall record the same in his office in the usual way of recording transfers of real estate in said county, and when so recorded the same shall be prima facie evidence of title to such parcel of land, and of the transfer of all the interests of such former owner, incumbrancer or other per- son having any lien upon or interest in said parcel of real estate to said The Board of Court House and City Hall Commissioners. Character of building. To be completed. Court house first. City hall delayed. Said Board shall also fully complete and furnish said building. No prison labor or product of prison labor shall be employed on or Prison labor. used in the construction of said building. Access to buildings. COURT HOUSE AND CITY HALL. Deeds, when completed. trial by appellant, or by said Board, the court shall enter judgment as in any other civil case, from which judgment or from any other order of the court, whether the same be from an order granting or refusing a new trial or otherwise, there shall be no appeal or writ of error. SEC. 10. It shall be the duty of said Board to plan, devise and construct upon said block seventy-seven (77), when they shall have ac- quired full title to the same, a public building so planned and devised that the same may be of architectural symmetry and the same shall be so planned, devised and constructed that one part of the same can be used for a county court house for all proper county purposes for said County of Hennepin, and the other part of said building shall be so planned, devised and constructed that the same may be used for city hall and other proper city purposes, and in constructing said part to be used for city hall and other city purposes, said Board may ad- vise with the Committee on Public Grounds and Buildings of the City Council of said city. Said Board shall proceed to construct that part of said building which is to be used for said court house for said Hennepin county first, and if practicable may delay the building of said city hall portion of said building for such time as to them may seem best, not to exceed three years. Said building shall be so constructed that there shall be a con- venient passage-way on each floor from said county part of said build- ing to said city part of said building. When said building shall have been so completely finished and furnished, said Board shall cause a proper deed of conveyance to be made for that part of said block upon which said part of said build- MINNEAPOLIS BOARD ACTS. 201 COURT HOUSE AND CITY HALL. nature of. bonds. Interest and name. ing, so constructed for said court house for said county and the land Court house. properly appertaining thereto, to the county of Hennepin; and shall cause a like deed to be made to the City of Minneapolis for that part of said block on which said city hall shall have been constructed and City hall. the land appertaining thereto, both of which deeds shall be ordered to be made by said Board and shall be made, executed and delivered by the President and Secretary of said Board, and each of said deeds shall contain as a consideration the respective amounts of the costs of the Deeds, respective parts of said block and the respective part of said build- ing thereon, as near as the same can be estimated by said Board. SEC. II. For the purpose of providing money for acquiring Issue of title to said block of land, and constructing said building thereon, said Board of Court House and City Hall Commissioners is hereby authorized to issue bonds, to run not to exceed thirty (30) years, bear- ing interest, payable semi-annually, not to exceed four and one-half (4½) of one (1) per centum per year, in such amounts as they may limit. need for such purpose from time to time, not to exceed in all the sum of fifteen hundred thousand (1,500,000) dollars, which bonds shall Sale and not be sold for less than par value thereof, and which bonds shall be denominated "Hennepin and Minneapolis Court House and City Hall Bonds"; and there shall be added on said bonds either the words Two series "County Series" or "City Series" as the case may be, which bonds are hereby made a lien upon said block of land, and any such building constructed thereon from the time only when said Board shall have acquired full title to every part of said block seventy-seven (77), but lien, when. after said Board shall have deeded to each said county and city its part of said block of land, then each series of said bonds shall only be a lien on the respective part of said block of land which shall have been so deeded to the said municipality which is hereby charged with the payment of the same. Said bonds shall be issued under the seal of How issued said Board, and shall be signed by the President and Secretary thereof, and signed. and said "County Series" shall be countersigned by the Auditor of Bond Hennepin county, and said "City Series" shall be countersigned by the Comptroller of said city, and said Auditor, and said Comptroller, shall keep an account and record of the amount, date, number and rate of interest of each bond, of the series relating to the municipality of which he is the accounting officer, that is to say, said Comptroller shall keep said account of said "City Series" and said Auditor of said "County Series." Said Board shall not be obliged to issue equal When issued. amounts of each series at any one time, but may issue larger amounts of one (1) series than of the other, at any one (1) time during the progress of carrying out their trust as said Board may deem best. of bonds. Bonds a records. limited. SEC. 12. Said Board of Court House and City Hall Commis- Each series sioners shall not issue of either series of bonds more than the sum of seven hundred and fifty thousand dollars ($750,000) in all. And after the title has been acquired to said block seventy-seven (77), as Issue of herein contemplated, said Board shall thereafter issue from time to time such portion of each of said series of bonds as may be necessary to pay the expenses on that part of said building which is to be con- structed for the purpose of that municipality, either said county or said city, which is to assume and pay for the series of said bonds so applied. bonds restricted. Bond pro- ceeds, how 202 MINNEAPOLIS BOARD ACTS. : Accounting between city and county. Sale of bonds. Proportion- ate shares. Adjustment of interest. Final accounting. Books of account. Tax for county series. COURT HOUSE AND CITY HALL. SEC. 13. The county of Hennepin is hereby charged with the payment of the principal and interest of said series of bonds so to be denominated as "County Series," and the Board of County Commis- sioners of Hennepin County is hereby charged with the duty of pro- viding by tax upon all the taxable property in said Hennepin county each year with sufficient sums of money to pay the interest on said Sinking fund series of said bonds to be denominated "County Series," and also a sum sufficient to create a sinking fund for the payment of said principal of said bonds amounting to the sum of one (1) per cent. of said bonds each year, which sinking fund shall be invested by said Board of County Commissioners of Hennepin County in any manner in which any of the sinking fund which the City of Minneapolis is required to raise by taxation for the payment of the bonds of said city, as may be invested. Tax for city series. issued to raise money to pay for said part of said building so to be constructed for it. Said Board shall when they have so constructed and furnished said buildings, make an accounting between said city and said county in such manner that said county and said city shall have paid, or had bonds of the proper series issued for paying its proper proportion of the cost of both the acquiring of the title of said block of land and of the construction and furnishing of said building, and said Board shall, as nearly as practicable from time to time, after the said acquiring the title of said block, issue and sell said bonds in such proportionate amounts, in each of said series, that each of said municipalities, said county and said city, shall be obliged to assume and pay of said bonds and the interest thereof, its proper proportionate share of the cost of said block of land, and of said building and the furnishing thereof, and said Board in such accounting and consid- eration shall take into consideration whether or not at any time either said county or said city has been obliged to pay the interest upon its proper series of said bonds for any material length of time for any material sum of money more than it ought to have assumed and paid; in such case said amount of said interest which one municipality has paid more than its proper proportion shall be adjusted between said county and said city by said Commissioners in said final accounting between said county and said city as to the cost of said block, and said building and its furnishing, and shalf properly and equitably adjust the same between said municipalities, and for this purpose proper books of account shall always be kept showing the state of the ex- penditures for each of said municipalities and its respective share of the cost of said building, and of said land after said board shall have determined the quantity of said land each of said municipalities shall be entitled to. - SEC. 14. The City of Minneapolis is hereby charged with the pay- ment of the principal and interest of said series of said bonds which shall be denominated "City Series," and it is hereby made the duty of the City Council of the City of Minneapolis to raise by a levy on all taxable property within said city, sufficient money each year to pay the interest on said series of said bonds to be denominated "City Sinking fund. Series," and said City Council shall also raise by like tax a sum of money equal to one (1) per cent. of the principal of said bonds, to be MINNEAPOLIS BOARD ACTS. 203 COURT HOUSE AND CITY HALL. invested and held as a sinking fund for the payment of the principal of said bonds, which shall be invested in like manner, as other sink- ing funds provided for the payment of other bonds of said city. city debt limited to 5 per cent. SEC. 15. Nothing herein shall authorize the issue at any time of said bonds so to be named "City Series" to such an amount that the whole amount of the principal of all bonds actually outstanding (less) the amount in the sinking fund of said city for the payment of the bonds of said city), against said city at the time, together with the proposed issue of said "City Series" of said bonds, shall exceed five (5) per cent. of the aggregate value of the taxable property of said city, as assessed and determined for the purposes of taxation. The Countersign- countersigning of any bonds purporting to be issued under the author- ity of this act by the City Comptroller of said city, shall, in respect to all such bonds held by bona fide purchasers, be deemed conclusive evidence that the limitations of this act have been observed and com- plied with. ing evidence of legality. SEC. 16. This act shall take effect and be in force from and after Act to take its passage. effect. 204 MINNEAPOLIS BOARD ACTS. Board of tax levy. President and Secretary. Meeting of Board. Meetings and ad- journment. Quorum. Board to fix maximum rate of county tax. General city tax- rate. SECTION. An Act to Create a Board of Tax Levy for the County of Hennepin, and Define the Powers and Duties Thereof. (Approved March 8, 1879, Chapter 338, Special Laws 1879, Page 447, as amended) TAX LEVY. 2. *SECTION I. There is hereby created and constituted in and for the county of Hennepin, a Board which is hereby designated and shall be known as the Board of Tax Levy, and which shall be composed of the Chairman of the Board of County Commissioners, the County As by amended, Auditor, the President of the Board of Education of the City of Min- Chap. 110, Sp. L. 1887, p. 704. neapolis, the President of the Board of Park Commissioners of the City of Minneapolis, the Chairman of the Committee on Ways and Composition. Means of the City Council of the City of Minneapolis, the Comptroller of the City of Minneapolis, and the Mayor of the City of Minneapolis, which several officers shall be ex-officio the members of the said Board of Tax Levy. The County Auditor shall serve as the Secretary of the said Board, and one (1) of the other members thereof shall be chosen by the Board to preside at the meetings thereof. 1. Composition of Board-County Auditor to be Secretary.-Presi- dent, How Chosen. Powers and Duties of Board.- Meetings and Quorum.-Maxi- mum Tax Levy.-Records. SECTION. 3. Auditor to Certify Results to Board, etc.-Tax Must be Limit- ed Accordingly.-Not to Exceed Maximum Rate Determined on.- Tax in Excess Absolutely Void. Act to take Effect. 4. SEC. 2. The said Board of Tax Levy are hereby empowered and required to meet at the office of the County Auditor on the second (2d) Monday in September in each year, and may adjourn from time to time as may be necessary for the performance of the duties hereby re- quired of them, but not later than the first (1st) Tuesday in October, and it shall be the duty of the County Auditor to notify the members of said Board of its meetings. A majority of said Board shall con- stitute a quorum, and a majority vote of the whole Board shall decide all questions coming before said Board. The said Board at its meet- ing or meetings shall consider, determine and fix a maximum rate of taxation for the various purposes, respectively, for which the Board of County Commissioners is, or hereafter may be, authorized to levy taxes for such year; a like maximum rate of taxation for the various purposes, respectively, for which the City Council of the City of Min- neapolis is, or hereafter may be, authorized to levy taxes for such year; *Entire act amended by chapter 84, Special Laws 1885, p. 253. MINNEAPOLIS BOARD ACTS. 205 TAX LEVY, School tax-rate. Library tax- a like maximum rate of taxation for the various purposes, respectively, for which the Board of Education of the City of Minneapolis is, or hereafter may be, authorized to levy taxes for such year; a like maxi- Park tax mum rate of taxation for the various purposes, respectively, for which rate. the Board of Park Commissioners of the City of Minneapolis is, or hereafter may be, authorized to levy taxes for such year; and a like maximum rate of taxation for the various purposes, respectively, for rate. which the Library Board of the City of Minneapolis is, or hereafter may be authorized to levy taxes for such year. And it shall be the Maximum to duty of the said Board, in the discharge of its functions, to reduce the maximum rate of taxation for the various purposes aforesaid, to the lowest practical limit. The Secretary of said Board of Tax Levy Record of shall keep an accurate record of all the proceedings of said Board, in a. book to be provided for that purpose, which book shall be a public and permanent record in the office of said County Auditor, and the Transcripts same, as well as transcripts thereof, duly certified under the hand and evidence. seal of said auditor shall be prima facie evidence in all the courts of this state. be reduced. proceedings. } County audi- results. tor to certify SEC. 3. It shall be the duty of the County Auditor, on or before the first (1st) Thursday of October in each year, to certify under his hand and official seal and transmit to the Board of County Com- missioners, to the City Council of the City of Minneapolis, to the Board of Education of the City of Minneapolis, to the Board of Park Commissioners of the City of Minneapolis and to the Library Board of the City of Minneapolis, respectively, the maximum rates of taxation for the various purposes for which said bodies are respectively au- to rate fixed. thorized to levy taxes, as fixed and determined by said Board of Tax Levy, and no tax shall be levied for such year by either of said bodies, for any of said purposes, in excess of the maximum rate, respectively, Excess void. so fixed and determined by said Board of Tax Levy, and the levy of any tax in excess thereof shall be absolutely null and void as to such Tax limited excess. SEC. 4. This act shall take effect and be in force from and Act to take after its passage. effect. 206 RULES OF THE CITY COUNCIL. RULE. 1. 2. 3. Duties of President.-Roll Call.- Reading of Minutes, etc. -Deco- rum.-Appeals. Voting.-Yeas and Nays. Motions in Writing, etc. 4. Motions, How Withdrawn. 5. Debate, Recognition, etc. 6. Same, How Limited. * RULES OF THE CITY COUNCIL. 7. 8. Interruption. Violation of Rules. 9. Floor Privilege. 10. Motions to Adjourn. 11. Reports of Committees, etc. 12. 13. 14. 15. Privileged Questions. To lay on the Table. Committee of the Whole. Same.-Rules. RULE. 16. 17. 18. Previous Question. 19. Amendments, How Acted Upon. 20. Ordinances, How Introduced. Same-Two Readings. 21. 22. Same-For Amendment. Same-Copy for Mayor. 23. 24 .Movers' Names to be Recorded. Notice of 25. 26. 27. 28. 29. 30. 31. Same-May Rise. Same-Records. Reconsideration, Action Thereon. Petitions, How Presented. Duties of Clerk. Standing Committees. Order of Business. Parliamentary Practice. Suspension of Rules, etc. and I. RULE 1. The President (and in his absence the Vice-President) of the Council shall take the chair at the appointed hour for the Coun- cil to meet, whether in regular or special session, and call the members to order, At which time the roll of members of the Council shall be called by the Clerk, And if a quorum is present and answer to their names the min- utes of the preceding session shall be read, and all mistakes, if any, in the minutes shall then be corrected; Or the further consideration of such minutes may be made the special order for any subsequent session of the Council, And if such minutes shall not be corrected inside of forty days from the taking thereof, they shall be considered as approved. The President shall preserve order and decorum, and shall decide. all questions of order, which shall be final unless an appeal shall be taken to the Council. On every appeal so taken he shall have the right in his place to give his reasons for his decision. RULE 2. Every member present who refuses to vote on any ques- tion shall be recorded as "declining to vote." The yeas and nays shall be called on any question at the request of three members of the Council. RULE 3. Every motion (except to adjourn, postpone or commit) shall be reduced to writing, and, if the same shall be seconded, shall be fairly stated by the presiding officer. RULE 4. A motion may be withdrawn by the member offering the same, with the consent of his second, *Adopted April 9, 1888, 13 C. P. 978, as amended to January 1st, 1905. RULES OF THE CITY COUNCIL. 207 Provided the same shall be done before a decision, amendment or any disposition thereof has been had or a vote taken thereon. RULE 5. When a member desires to speak, give notice, make a motion, report, or present a petition or other paper, he shall arise, ad- dress the presiding officer, and shall not proceed further unless recog- nized by him. RULE 6. No member shall speak more than twice to the same question without leave of the Council, nor more than once in any case, until every member desiring to speak upon the question pending shall have spoken. RULE 7. No member shall in any way interrupt the course of debate except by a call to order, or for the enforcement of the rules of the Council, or on a motion to adjourn, to postpone or to commit. RULE 8. If a member in speaking, or otherwise, transgress the rules of the Council, the President, or any member, may call him to order, In which case the member so called to order shall immediately sit down unless by permission of the presiding officer he shall be permitted to explain. If a member shall, during a meeting of the Council, conduct him- self in a disorderly manner, or shall, while intoxicated, attend any meeting of the Council, the President shall cause such member to be removed from the Council Chamber; and if any member shall a second time be guilty of disorderly conduct or intoxication at a Council meet- ing it shall be deemed misconduct in office, and such member may be removed from office by the Council. (20 C. P. 531.) RULE 9. When two or more members arise and address the pre- siding officer at the same time, he shall designate which shall speak first. RULE IO. A motion to adjourn shall always be in order and shall be decided without debate. But a second or subsequent motion to adjourn shall not be in order until after the intervention of some other motion, resolution or other business. RULE II. Committees to whom any matter may be referred shall in all cases report the facts and their opinion thereon. (15 C. P. 125.) And whenever a motion, resolution, or ordinance based upon such report has been put or stated by the president, the chairman or acting chairman of such committee shall be entitled to the floor before any other member speaks or makes a motion. The reception or acceptance of a committee's report shall not be construed as conferring any authority upon such committee nor upon any city officer. But the adoption of a report shall have the same effect as a motion or resolution except in cases where a resolution or ordinance would be required under the provisions of the Charter. RULE 12. When a question is under debate no motion shall be received unless for adjournment, for the previous question, to postpone indefinitely, to postpone to a certain day, to lay on the table, to com- mit, or to amend. These several motions shall have precedence in the order in which they are stated. } 208 RULES OF THE CITY COUNCIL. RULE 13. without debate. RULE 14. shall leave the RULE 15. The rules of the Council shall be observed in Com- mittee of the Whole so far as may be applicable, except that the previous question shall not be enforced nor the order of speaking limited. RULE 16. A motion that the committee rise shall always be in order and shall be decided without debate. A motion to lay a question on the table shall be decided On forming a Committee of the Whole the President chair and call some other member to preside. RULE 17. The Clerk shall not enter upon the journal the pro- ceedings of the Committee of the Whole, except as the same may be reported to the Council. RULE 18. The previous question shall be admitted on the de- mand of any two members, and shall be put in these words: "Shall the previous question be now put?" And until decided shall preclude all amendments under debate of the main question. RULE 19. A motion to lay on the table, to postpone, or to com- mit an amendment to a motion, resolution or ordinance, shall not be in order: But a motion to table, postpone or commit a motion, resolution or ordinance shall carry with it all pending subsidiary motions. RULE 20. Every ordinance shall be introduced by a committee, to whom the subject matter thereof may have been referred by resolu- tion or otherwise, or by any member, Provided that such member shall have given notice thereof at a previous session of the Council. RULE 21. Every ordinance shall receive two several readings previous to its passage; Such readings shall not be had at the same session, unless in case of urgency two-thirds of the Council shall deem it expedient to dis- pense with this rule. RULE 22. The second reading of an ordinance shall be by sec- tions, at which time amendments are to be offered. But the reading of a succeeding section shall not preclude the offering of an amendment to a preceding one. If no amendment is made, the question shall be: "Shall the ordi- nance pass?" If amendments are made, the chair shall so report the same, And the ordinance shall be read as amended before the question on its passage is taken. RULE 23. After an ordinance has passed the Clerk shall make a fair and correct copy of the same, And the same shall be by the Clerk presented to the Mayor for his approval. RULE 24. In all cases where an ordinance, motion, resolution or order shall be entered on the journal, the name of the Alderman mov- ing the same shall be also entered thereon. RULE 25. When a question has once been put to vote and decided it shall be in order for any member who voted with the prevailing party to move for the reconsideration thereof, at the same or any subsequent meeting of the Council, RULES OF THE CITY COUNCIL. 209 Provided, the subject matter for reconsideration has not passed from the control of the Council; And any member of the Council having the right to move for the reconsideration, as aforesaid, may, at the same meeting said question was acted upon, give notice of his intention so to do at the next regular meeting of the Council thereafter, And, when such notice is given, it shall be the duty of the Clerk to retain the matter proposed to be reconsidered until the expiration of such subsequent meeting, And, if not then reconsidered it shall take the usual course. A motion for reconsideration having been put and lost, it shall not be in order to make the same motion a second time. In case of a notice of a motion to reconsider at the next meeting or session of the Council, any member of the prevailing party may at said next meeting or session of the Council make said motion, And a motion to reconsider at the same meeting shall not be enter- tained after such notice be given, but no question shall be reconsidered at a subsequent meeting unless as large a number of aldermen are present as when the original vote was taken. RULE 26. Petitions or other papers addressed to the Council shall be presented by the Clerk or one of its members. RULE 27. It shall be the duty of the Clerk to keep a correct journal of the proceedings of the Council, To cause committees, members of the Council and city officers to be informed of such duties as they may be charged with by the Council from time to time, And perform such other duties as appertain to him as Clerk. He shall give such information to the members of the Council, when requested, as he may be in possession of, relating to the city, its affairs, or the action of the Council. He shall suffer no journal, accounts or papers to be taken out of his custody other than by the regular mode of business of the Council; Nor shall he suffer any paper or writing in his possession to be altered, amended or abridged, without special order of the Council. for that particular purpose, And if any paper, book or memorandum of which he has had, or should have had charge, shall be missing, he shall immediately report the same to the Council. RULE 28. Standing Committees consisting of five members shall be appointed on the following subjects: Ways and Means. Salaries. Claims. Taxes. Licenses. Bonds of City Officers. Accounts of City Officers. Public Grounds and Buildings. Roads and Bridges. Street Grades and Additions. Fire Department. Water Works. Gas. Sewerage. Markets. Printing. Railroads. Police. Workhouse. Paving. Underground Wires. 210 RULES OF THE CITY COUNCIL. And of three members on the following subjects: Health and Hospitals. Cancellation. Bethany Home. Rules. Ordinances. RULE 29. In the ordinary transaction of business the following order shall be observed: First-Presentation of petitions and other communications. Second Reports from Officers of the City. Third-Reports from Standing Committees. Fourth-Reports from Special Committees. Fifth-Presentation of accounts and other claims against the city. Sixth-Unfinished business. Seventh-Resolutions, motions and other business. RULE 30. The rules of parliamentary practice, embraced in Roberts' Rules of Order shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with the standing rules of the Council. (16 C. P. 215.) RULE 31. No rules of the Council shall be suspended, altered or amended without the concurrence of two-thirds of the whole Council. SUMMARY OF LEGISLATIVE ACTS. 211 SUMMARY OF LEGISLATIVE ACTS. From 1855 to 1903, Inclusive. Relating to the City of Minneapolis and the Former Cities of St. Anthony and Minneapolis. Incorporating City. Amended. Amended. Amended. Amended. Amended Amended. Amended.. • • • • Amended.. Amended. Amended. Amended. Amended · · Taxes-Return and Collection. Inspection of Wood...... Common Schools-Regulating • • • Amended. Amended. • • • Bonds Authorized-Schools.. Preservation of Falls.. (amended 1870) Amended. Amended. Amended. Amended.. Amended.. Incorporating Town.. • Minnesota & Western R. R. City Consolidated with Minneapolis.. School Boards Consolidated. • • Incorporating City. Incorporating City. Board of Supervisors. Amended. • • • Repealing Town Incorporation Acts.. Legalizing Election of Town Council. Delinquent Corporation Tax.. ST. ANTHONY-FORMER CITY. • • Inspection of Wood.. Reducing Town Acts into One Act. • · • • • • • • • • • • O Incorporating Act-Amended.. MINNEAPOLIS-FORMER TOWN -FORMER TOWN AND CITY. • • Approved. March 3 March 1 March 10 March 11 March 4 Feb'y 25 Feb'y 23 March 3 • • Feb'y 19 Feb'y 2 Feb'y 28 Jan'y 26 Feb'y 24 Feb'y 23 Feb'y 6 March 3 Feb'y 16 Feb'y 6 March 6 Feb'y 28 Jan'y 31 March 4 Feb'y 24 March 4 Feb'y 28 March 7 March 1 May 25 March 8 March 4 July 22 Feb❜y 29 March 4 March Feb'y March 1 + Q Q 2 2 March 6 Feb'y 6 March 7 March 4 March 9 Feb'y 3 March 1 March 1 Special Laws. Chap. Page. 1855 1856 1860 1861 1864 1865 1869 1870 1864 1865 1860 1861 1864 1865 1868 1871 1867 1868 1871 1872 1868 1869 1872 1870 1872 1878 1856 ex57 1860 1862 1858 1864 1864 1865 1865 1866 1866 1867 1867 1868 1870 1871 1871 1871 3 48 1 57 18 20 91 16 18 21 40 77 13 32 66 108 103 65 109 64 82 24 73 51 10 157 127 12 4 6 92 33 10 18 21 17 18 19 25 40 25 30 28 29 10 78 3 303 264 133 300 216 264 149 71 334 238 169 344 333 311 342 334 379 365 182 395 305 56 444 187 60 29 217 288 285 219 126 149 64 88 43 175 299 266 190 187 189 212 SUMMARY OF LEGISLATIVE ACTS. ·· City Boundaries (and of Town of Brighton Free Schools and Tax. Amended.. Amended (rep'l'd Mar. 3, 1863) Amended.. Amended. Water Works. Erection of School House and Bonds.. Confirming Acts of Board of Education Board to Levy Tax... Repealing Part of Act of 1887 Amended. Amended. Free School Acts Collated and Re- vised...... Amended.. Bonds Authorized-Schools. Preservation of Falls. Amendea. Amended. Amended. Amended. Amended. Amended. Amended. Amended. and Sewerage. • · • Sewerage Minn. & Western R. R. (amended '74, 75, 76). Water Works Superintendent, etc. City Consolidated with St. Anthony.. School Boards Consolidated • • Consolidation of St. Anthony and Minneapolis • Amended.. Amended. Amended. Amended. • · • • • • • Amended.. Amended. Amended. Amended. Amended. Amended Amended. • · MINNEAPOLIS-FORMER TOWN AND CITY. • City Charter Amended and Consoli- dated Amended. Amended. Amended. Amended, (City Limits) Amended. • · • • • • · • • • • · • • • • • Approved. March May 7 23 July 26 March 5 March 6 March 2 Aug. 11 March March March March March • • 31217 7 March 6 Feb'y 27 Aug. 11 March 7 MINNEAPOLIS-CITY OF. Jan'y 31 March 6 March 4 Feb❜y 28 Feb'y 20 Feb'y 12 March 4 Feb'y 1 March 3 Feb'y 29 Feb'y 14 Feb'y 9 Feb'y 27 Feb'y 28 March 77 Feb'y 28 March 5 00 10 March 2 March 6 March 6 Feb'y 16 March 1 March 9 March 7 March 8 Nov. 4 Nov. 12 Nov. 17 Nov. 19 Nov. 22 Feb'y 22 Feb'y 27 Jan'y 29 Feb'y March 26 March March March 9 Feb'y 19 Feb'y 22 Feb'y 28 257 Special Laws. Chap. Page. 1867 25 175 ex57 85 169 1858 85 281 1860 42 77 1862 44 295 1865 28 157 1858 94 291 1863 42 226 1864 27 278 1865 28 157 1866 49 187 1867 25 175 1868 1869 1858 1867 1868 1868 1869 1870 1872 1868 1868 1871 1870 1872 1871 1870 1871 1872 1878 1872 1874 1876 1876 1876 1877 1877 1878 1879 1881 ex81 ex81 ex81 ex81 ex81 1883 1883 1885 1885 1885 1885 1885 1885 1887 1887 1887 53 88 94 102 82 83 24 27 78 84 40 43 31 78 42 99999 46 41 10 157 10 2 31 29 30 29 26 25 59 76 39 41 40 198 53 3 38 4 3 2 5 6 17 11 13 318 296 291 309 364 367 182 268 403 368 299 229 274 404 227 318 226 56 444 56 106 101 98 99 86 81 203 173 418 90 91 90 211 105 98 70 146 59 54 45 63 66 453 437 443 SUMMARY OF LEGISLATIVE ACTS. 213 Amended. Amended. Amended. Amended. Amended. Amended. Amended (Water Board • • • • • Abolished) Amended. Amended. Amended. Amended (Police Com'rs). Amended.. Amended (Police Dep't).... Amended (Industrial Expo- sition).... • · • · • Amended (Sanitary) Amended (7th and 12th Ward boundaries) Department of Health.. Board of Corrections and Charities... Support of City Poor.... (Sec. 10). Amended.. CITY OF MINNEAPOLIS. Apportionment of School Tax... School Dist. No. 119-Indebtedness. Free Schools-Boards Consolidated. • • • ► • • • • • • • Amended.... Amended. Amended. Amended. Amended.. Amended. Amended. Amended. Use of School Houses for Institutes.. Normal Instructions in High Schools. Amended... • • • • • Sale of Cigarettes and Cigars to Pupils or Tobacco... Election of Treasurer by Board of Education CITY OF MINNEAPOLIS-SCHOOLS. · Amended.. Attaching Territory within the City.. Additional School Tax.... • (See also Chap. 40, Gen. Laws 1899, p. 38.) Amended. School Bonds Validated. Vacancies in Board, How Filled.. Truant Officer, Incorrigible Children.. Amended.. . • • Kindergarten Schools Authorized. School Holidays.. Vaccination of School Children School Bonds Legalized.. Conveyance of Pupils to School Employment of Teachers, Rules for Government of Schools, etc....... Bonds for Public School Buildings. School Bonds of Districts in Cities.. • Approved. March March March March March March · Q 410 10 10 IN 2 5 5 5 March 3 Jan'y 28 March 20 April 3 April 13 April 15 Jan'y 27 March 24 April 14 April 17 April 22 April 21 March 7 Feb'y 13 March 9 March 7 March March March Nov. Nov. 11 Feb'y 27 Feb'y 12 March 5 7 ∞o Q2 00 8 8 March 4 April 17 April 25 April 21 April 9 April 14 March 23 April 21 March 18 March 20 March 19 April 20 April 19 Special Laws. Chap. Page. 1887 1887 1887 1387 1887 1887 1887 1889 1889 1889 1889 1889 1891 1891 1891 1891 1889 1891 1879 1885 1875 1881 1878 1879 1881 ex81 ex81 1883 1885 1885 1887 G1893 G1895 G1897 G1895 G1897 G1895 G1897 G1897 G1899 16 10 9 12 14 15 23 68 82 85 51 33 135 131 137 130 413 122 324 79 93 175 157 62 114 49 52 233 86 97 22 98 186 192 192 116 189 174 53 77 G1901 March 11 Feb'y 9 G1899 30 9 193 April 13 G1899 April 14 G1899 226 April 6 April 4 April 10 G1901 218 G1901 156 G1901 136 April 20 G1903 299 Feb'y 11 G1903 March 7 10 G1903 40 G1903 73 304 G1903 G1895 187 452 426 422 442 445 447 466 685 697 702 665 593 767 761 769 763 1074 753 435 248 317 729 444 183 655 101 103 365 257 268 466 211 453 354 439 201 457 330 59 80 30 7 201 248 202 168 305 530 12 50 98 536 455 214 SUMMARY OF LEGISLATIVE ACTS. Amended.. Amended (Sec. 1 Repealed).. Night Schools.... Municipal Court. Amended Amended. Amended. Amended. Amended. Amended. Amended. Amended Amended Amended. Amended and Consolidated. · CITY OF MINNEAPOLIS-MUNICIPAL COURT. • • • • Park Commission. Amended. Amended. Amended. Amended. • • • • • Amended.... Amended. Amended. Change of Venue. • • • • • • Shorthand Reporter for. Shorthand Reporter for. Costs in Actions for Labor. • • • • • · Amended... Minors under 17 Excluded from Crim- inal Trials.... Writs of Execution in. Deposits and Security for Costs in Criminal Cases... Cash Bail in Certain Cases Authorized Exception to Sureties in Actions to Recover Personal Property.. Justice Dockets, Transferred to.. • • · • • • • • • • • • • • • • Parkways Shade Trees Park Acts Consolidated and Amended Amended Issuance of Bonds Regulated. Additional Power to Acquire Park- ways and Boulevards Shade Trees, Parks and Parkways.. List of Lands Taken and Condemned to be filed with Register of Deeds.. Shade Trees on Public Streets, etc... Power to Purchase Land for Parks.. Acquisition of Land for Parks and Parkways • • ·· • D • Same Special Assessments for Benefits, Dis- charge of Bonds for Parks and Parkways Same Moneys from Operation of Parks: how used Grading Streets Leading from Parks. City may set aside Streets as Park- • ways Approved. April 23 March 29 CITY OF MINNEAPOLIS-PARKS AND PARKWAYS. Feb'y 27 Feb'y 24 Feb'y 6 Feb'y 22 March 4 April 21 Feb'y 13 Feb'y 27 March 4 Feb'y 26 March 8 March 8 Feb'y 17 Feb'y 26 March 2 Feb'y 24 March 2 Feb'y 20 April 20 March 11 April 21 April 24 Feb'y 28 April 17 April 20 April 25 April 6 March 20 April 23 April 20 April 4 March 26 March 9 Feb'y 19 March 11 April 22 March 25 April 25 April 25 April April 11 April 18 19 Special Laws. Chap. Page. G1897 359 624 G1899 103 108 G1903 357 648 141 362 41 38 240 328 210 1874 1875 1875 1877 1878 1879 1883 1883 1883 1885 1887 1889 1891 1901 1903 G1889 1887 1891 G1891 G1895 G1891 G1897 Feb'y 4 April 10 April 14 G1897 G1899 G1901 G1901 1883 1885 1887 1887 1887 1885 1887 1889 1889 1891 G1895 G1895 March 14 G1901 April 4 G1901 April 4 G1901 March 11 G1902 April 17 G1903 5 4 178 65 87 G1903 G1903 G1903 55 49 48 74 21 34 139 387 412 161 384 142 41 109 42 57 340 301 137 391 281 96 18 19 20 304 17 30 G1895 246 G1899 171 G1899 279 103 140 244 243 50 139 141 48 235 4 161 191 193 188 182 236 457 598 771 656 723 264 1016 773 121 239 122 64 606 380 168 660 404 265 454 455 457 546 453 560 720 771 619 618 620 176 325 51 171 178 117 343 5 23.1 287 SUMMARY OF LEGISLATIVE ACTS. 215 Building Line Easement: how quired Acquisition of Land for Park Pur- poses CITY OF MINNEAPOLIS--PARKS AND PARKWAYS. Bonds Authorized Falls Sewer Tunnel Bridges East Division Indebtedness.. Minnesota & Western R. R... Amended. Amended. Minneapolis & St. Louis Ry.. Minneapolis & Northwestern Ry. City Hall. Water Works, Etc. Water Works, Etc. • • • Fire Department Permanent Improvements (Proceeds of) Railroad Approaches Board of Education (Repealed March 3, 1895) Amended (Franklin Avenue) (20th Avenue North) Library Board General Purposes Franklin Avenue Bridge. Board of Education Bonds 204. G. L. 1893 Saine CITY OF MINNEAPOLIS-BONDS. Preservation of · • • ·· • ac- • • • • • Permanent Improvements in 1889 and 1890 Bonds Validated City Hospital ($25,000) Permanent Improvements, Bridges, Etc. Refunding Bonds Amended Amended Additional Power to Issue for certain purposes (Adopted by Ordinance approved June 10, 1893. Certified copy filed with Secretary of State June 14, 1893.) • Amendment (School Bonds). (Adopted by Ordinance approved May 2, 1895. Certified copy filed with Secretary of State May 8, 1895.) Amended Validated, issued under Ch. Approved. April April 14 21 G1953 Feb❜y 24 March 9 March 9 9 March March 6 March 1 Feb'y Jan'y 14 28 9 Feb'y March 5 March 4 Feb'y 26 Feb'y 22 Feb'y 27 1 Feb'y Feb'y 27 Jan'y 14 Jan'y 14 Jan'y 14 Feb'y 22 Oct. 28 March 2 Feb'y 24 Feb'y 26 Feb'y 13 Feb'y 22 Feb'y 28 Feb'y 22 Feb'y 28 Jan'y 28 April 16 1 April 21 April April 13 April 6 April 12 March 12 April 23 April April 3 16 Special Laws. Chap. Page. G1903 194 290 1873 1874 1874 1875 1876 1877 1879 1874 1874 1877 1881 1883 1887 1875 1881 1885 1887 1887 1887 1887 ex81 1883 1885 1883 1885 1887 1885 1887 1889 1889 1891 1891 1893 1895 1901 1893 1895 1897 1897 1897 354 185 39 52 123 68 76 182 47 65 74 260 150 185 124 231 150 81 128 117 88 271 144 149 143 145 272 277 133 141 148 129 163 204 128 270 90 129 644 406 254 268 339 134 144 310 263 284 142 829 292 795 340 793 398 662 726 714 129 398 388 291 387 391 294 928 766 773 274 281 209 333 281 498 112 267 216 SUMMARY OF LEGISLATIVE ACTS. City of Minneapolis-Bonds. Water and Lights Bonds Authorized. Sale of Bonds, Etc., by Popular Sub- scription School Bonds under Ch. 204, G. L. 1893, Legalized Bridge Bonds ($215,000) Certificates of Indebtedness, paving street intersections Local Improvements, in Advance of • • Assessments Certain Bonds Validated Park Board Bonds ($70,000) author- ized Water Works Bonds authorized ($250,- 000) School Bonds under Chap. 204, G. L. 1893, Legalized Bonds ($350,000) for Local Improv - ments • • Amended Bonds (150,000) Paving Street Inter- section, Etc.. Amended Armory Bonds ($150,000) Bonds ($100,000) for Parkway Lands. Water Works Bonds ($100,000) Bonds, Refunding, Bridges, School, Sewer • .. CITY OF MINNEAPOLIS-BONDS. • • Bonds for Improving Streets leading to outskirts of City. Bonds for Public Hall and Auditori- um ($150,000) • O Bonds for Completion of City Hall ($250,000) Firemen Exempt from Jury, Etc. Fines of Fallen Women. · • • • Road Appropriations Portland and Park Avenues. Relief of Policemen's Widows... • • • • • Court House and City Hall Commis- sion Amended Prohibited from Issuing Bonds in Excess of $1,500,000 Repealed • • Additional Bonds "County Series" Certificates of Indebtedness ($175,000) Same Repealed + Same ($250,000) Municipal Building Commission City Justices of the Peace Act Repealed Additional Bonds Authorized ($186,000) •· · O • Approved. March 29 Judgments of in Town of Minneapolis Enforcement of . (See Chap. 391, Sp. Laws 1901, p. 660.) April 23 Feb'y 9 March 16 March 26 April 4 March 11 March 11 March 6 Feb'y March 3 April 21 11 March 6 April 21 March 25 April 17 April 20 April 20 April 21 April 21 April 21 March 6 March 11 March 3 March 5 Feby 26 CITY OF MINNEAPOLIS-CITY HALL COMMISSION. March 2 16 April April 21 April 1 April 8 April 3 Feb❜y. 15 April 10 April 10 April 21 April 18 March 3 April 17 Special Laws. Chap. Page. 1893 208 346. April 24 1897 1899 1901 1901 1901 1902 1902 1902 1903 1903 1J3 1903 1903 1903 1903 1903 1903 1903 1903 1903 1873 1878 1885 1885 1885 1887 1889 1891 1893 1893 1899 1901 1901 1901 1903 1903 1887 1899 1889 355 9 61 79 134 47 48 49 10 24 306 34 383 83 235 303 304 343 384 410 82 143 311 117 287 395 62 132 256 243 125 383 392 392 410 247 386 380 366 621 7 65. 83 165 116 117 118 12 30 538 42 695 107 243 531 536 625 696 721 278 419 552 427 526 1026 679 765 409 403 126 654 662 661 721 368 1017 505 1018 SUMMARY OF LEGISLATIVE ACTS. 217 City Justices Established Act Repealed Office of Justices Confirmed, Etc.. Act Repealed Maple Hill Cemetery • Streets Through Layman Cemetery-Streets Through. · CITY OF MINNEAPOLIS-JUSTICES OF THE PEACE. Special Laws. Chap. Page. 1119 505 Hennepin County Established, Boun- daries, Etc.... - Boundaries Changed Boundaries Extended Boundaries Extended-Joint Resolution Boundaries Defined Amended Amended. Amended. • · • County Seat Established Site for County Buildings Designated • Court House and City Hall Commission Board of Tax Levy (Hennepin Coun- ty) Continued. • • • · • CITY OF MINNEAPOLIS-MISCELLANEOUS. • ― • Market Ordinance Support of Minneapolis Poor 10) .. Franchise Confirmed-Street Railway. Gas Company Market Ordinance • • • Amended Cattle at Large (Hennepin County). Bridges Transferred by County to City Post Office Cite Ceded to United States Reimbursement of H. T. Wells, $10,- 000 damages Sale of Liquors, Restrictions in Hen- nepin County County Highways tion for City Appropria- Claim of J. V. Demott, payment au- thorized Transfer of General Fund to Third Ward Street Fund, authorized Reward for Arrest and Conviction of Murderers of Thomas Tolefson..... Soldiers' Home-Repayment of mon- eys advanced for Armory Building-Appropriations for authorized Reimbursement of Vincent Reeves Cemeteries City Authorized to Es- tablish. Ete.. Health Department Reorganization of . • • • Witness fees of City Officers W. J. Bowen, Charles Filteau ment of claims authorized • • • · (Sec. · · • • Approved. March 7 April 17 Pay- April 18 April 17 Feb'y 24 March 4 March 6 Feb'y 20 Feb'y 25 Feb'y 25 March 9 Feb'y 21 Feb'y 25 March હ March March March March March 4 March 6 March 8 Feb❜y 26 8 ∞ 7+7+ 4 March Feb'y 13 March -2 7 e Feb'y 28 March 7 Feb'y 24 March 8 Feb'y 23 April 20 April 22 April 5 March 20 March 27 March 1 April 22 April 22 March 1 March 5 1889 1899 1891 1899 1881 1887 1852 1855 1856 1856 1861 1854 1856 1887 1879 1881 1885 1887 1879 1879 1879 1887 1879 1885 1883 1872 1881 1883 1881 450 380 125 380 210 221 48 6 71 30 34 71 395 + 352 ÷ I 05 331 12271 757 505 i 771 833 } J no 2. TABS 11986 JM 105 HIZITI 102 255 bolt arod 1026 OVBIA rodi 338 447 650 112 K 9911 DAG 84 110 1104 253 299.9410 301711 704 300 411 29309891 d to 1200 435 32142d02 to Brg "248 0 940 57 Disutu 15 16 614 1 209 29289 908 1889 04139tim 371886 to 90 14 940 1881209HI 133S do 2nobɔA ३ 1889. arimtid fique must 1889 12 985 TOT ME 9182 I [** 18891340983 77od amoiz T 1889.. 3.12 986 J9DCRA 1969 to 3430799921 1889 quiorol 20-9 344 0 420 -983 Fg69.25494142922f rifol auTS MP2022 1074 111 148867-063 200 1859 218 SUMMARY OF LEGISLATIVE ACTS. Reward for arrest and conviction of murderers of Thomas Tolefson- Officers authorized to receive East Side Catholic Cemetery-Partial vacation authorized Department of Charities and Correc- tions established • • Monthly Tax Settlements between City and County Treasurer Ludwig L. Anderson, payment to of $370 Thomas Moore, payment to of $550... James Gorman, payment of claims authorized Johnstown Sufferers, repayment of $10,000 advanced for their relief.... Maple Hill Cemetery, partial vacation authorized • • • CITY OF MINNEAPOLIS-MISCELLANEOUS. License Money, refundment to Lizzie McGovern, et al..... Inspector of Bread, appointment au- thorized Mayor's Contingent Fund ($5,000) au- thorized. Police Department Relief Association Fund Reimbursement of certain persons for moneys advanced Reassessment for local improvements. Amended • • · .. Vacation of Streets, etc., validated Lost or Destroyed Plats, restored by substitution, etc. .. • • Sale of Market Property authorized.. Home Charter, proposed constitution- al amendment. Amendment (See Ch. 255, G. Laws 1897, p. 473; Ch. 351, G. Laws 1899, p. 462.) Illegal Sale of Liquor, Complaint by whom made Expense of controlling contagious dis- eases Support and relief of injured Firemen Actions on Official Bonds, 4 years' limitation • M Traction Engines to Whistle and Stop, when State and Territorial Roads Vacated. Amended Bakeries, how constructed, regula- tions of • · • • Amended Inspection of Milk, Dairies, Dairy Herds Costs of Enforcing Delinquent Special Assessments, limited • • Assessments for Frontage Water Tax, limited to ten years Payment of De Facto Officers for Services Term of Aldermen, Two Years. · Approved. April 24 April April April April 13 April 6 April 16 March 19 17 21 11 April 11 April April 15 April 14 April 17 April 11 March 29 April 25 March 16 11 March 14 April 17 April 8 April 23 March 19 April 26 April 16 April 25 April 18 March 21 April 19 April 25 April 23 April 26 April 25 March 30 April 17 March 27 Special Laws. Chap. Page. 1889 585 1891 1891 1891 1891 1891 1891 1891 1891 1891 1891 1891 1891 1893 1893 1895 1893 1893 1893 1895 1897 1895 1895 1895 1895 1895 1895 1897 1895 1897 1895 1895 1895 1895 1895 121 122 123 124 126 127 128 129 134 136 138 143 203 206 127 207 213 215 4 280 50 69 73 126 151 167 153 199 278 203 234 237 238 239 1226 752 753 756 757 759 760 761 762 767 769 770 774 333 343 275 346 365 367 9₁ 507 166 189 194 274 324 377 286 488 504 489. ! 600 · 612 612 613 SUMMARY OF LEGISLATIVE ACTS. 219 Public Scales and Weighmaster Witness Fees, Officers and Employes Not to Receive Payment for Condemned Property from General Fund Annexation of State Lands to City. Description of Condemned Lands to Be Filed with Register of Deeds... Annexed Territory, Payment of In- debtedness of • Construction and Management of City Lockups Conveyance of Land to the United States Sureties on Bonds of Public Officers, Discharge of Certain Scales Exempt From City Sealer of Weights and Measures... Obstruction of City Levees, Punish- ment Bonds of Contractors Works for Public CITY OF MINNEAPOLIS—MISCELLANEOUS. • • Amended Amended • · Registration of Municipal Bonds. (See C. P. 1897, pp. 152, 172.) Abandoned Cemeteries, Vacation and Use as Public Parks Bequests in Trust for Public Libra- ries Operation of Water Works with Elec- trical Power, Contracts for..... Free Public Libraries and Reading Rooms Horse Shoeing, Regulation of Certain Officers Not to Hold More Than One Office Amended Public Docks, Acquisitions of Sites for . Appropriation for Society for Preven- tion of Cruelty Power to Raise and Maintain Height of Water in Adjoining Lakes Water and Light Plants, Purchase and Bonds for Same Compromise and Payment of Certain Claims Notices of Claims for Damages, Etc.. City Charter, City May Frame Its Own. Uniform Height of Water in Naviga- ble Lakes, Power to Establish, Etc. Non-Resident Paupers, How Disposed of . Extension of Special Assessments, Payment. (Amending Unapter 236, Gen. Laws 1895) Voting Machines in Cities Disorderly Conduct, Etc., Prevention of .. • · ·· • • • Approved. April April 25 April 5 April 25 April 19 Feb'y 19 April April April 25 April 13 April 2 April 24 April 23 April 13 Feb'y 26 19 10 25 17 Feb'y 27 March 20 March 22 April 14 April 16 April 16 April 13 April 21 April 21 April 21 April April April April April 23 April 23 April 23 21 23 23 e p ww 23 April 23 April 23 Special Laws. Chap. Page. 1895 240 614 1895 1895 1895 1895 1895 1895 1895 1895 1895 1895 1895 1897 1901 1897 1897 1897 1897 1897 1897 1897 1901 1897 1897 1897 1897 1897 1897 1897 1897 1897 1897 1897 1897 241 245 247 246 251 264 269 295 338 345 354 307 321 22 28 60 68 114 128 131 378 181 182 187 218 227 248 255 275 291 294 296 301 614 620 621 620 628 645 650 690 746 751 757 566 535 17 23 67 75 200 265 269 596 339 342 349 404 435 459 473 502 531 555 556 561 220 SUMMARY OF LEGISLATIVE ACTS. Plumbers' Licenses, Etc. Amended Sale of Municipal Bonds by Popular Subscription Additional School Tax Authorized. Bicycle Paths, Protection of Public Libraries, Property for (Amending Chapter 106, Gen. Laws 1879.) • • CITY OF MINNEAPOLIS-MISCELLANEOUS. Highways, No Adverse Title to by User Vacation of Public Streets Water Main Assessments, Not to Ex- tend Beyond Five Years Court House and City Hall Certifi- cates Library Board, Vacancies, How Filled Grass on Streets, Assessments for Cut- ting School Board Vacancies, How Filled.. Truant Officer, Incorrigible Children, Etc. · · Amended Claims, Settlement of Authorized... Records, Plats., Etc., of Engineering Department, Prima Facie Evidence in Court Lands for Public Market, How Con- demned. Automatic Ballot Machine, Use of.. Certificates of Indebtedness, Anticipa- tion of Taxes · + K • Delinquent Assessments, Defects in Cured. • Fences Over Six Feet High, a Nui- sance · Home Charter, How Adopted, Etc (See Chap. 255, G. Laws 1897; Chap. 323, G. Laws 1901; Chap. 209, G. Laws 1903.) Justices of the Peace, Repeal (Repeals Chap. 386, Sp. Laws 1887; Chap. 450, Sp. Laws 1899; Chap. 125, Sp. Laws 1891.) Garnishment of Salary of Officers and Employes. ·· Patrol Limits, Number of Saloons to Be Licensed Assessments, Excess in Cost to Be Refunded Bicycle Paths, Construction, Etc., Commissioners Charter Commission, Expenses, How Paid. • Employment Offices, Establishment by City Art Commission Truant Officer, Incorrigible Juveniles. (Amending Chap. 226, Gen. Laws 1899.) Sinking Fund, Investment of... Police Officers, Not to Receive Fees, When Approved. April April April March 23 13 23 6 March 6 March 9 March 18 March 21 March 22 3 April April 11 11 April April 13 April 14 April April 6 17 April 19 19 April April 20 April 20 April April April 20 April April 220 April 17 March 28 March 28 April 2 April 2 April 4 6 April April 6 April 6 9 9 Special Laws. Chap. Page. 319 356 1897 1901 1897 1899 1899 1899 1899 1899 1899 1899 1899 1899 1899 1899 1901 1899 1899 1899 1899 1899 1899 1899 1899 1899 1901 1901 1901 1901 1901 1901 1901 1901 355 40 43 48 1901 65 79 87 125 162 173 193 226 156 236 284 292 315 327 328 336 351 380 96 101 120 126 129 151 154 156 1901 176 183 586 575 621 38 40 44 65 81 89 126 168 178 201 248 202 270 352 358 401 416 418 426 462 305 101 107 126 153 159 196 198 202 230 256 SUMMARY OF LEGISLATIVE ACTS. 221 Fire Department Relief Association.. (Amends Chap. 187, Gen. Laws 1885.) Passenger Elevators, Operators to Be Licensed. Amended Deposit of City Funds, Etc.. • Fines Imposed at Instance of Local Board of Health to Be Paid to County Treasurer Non-Resident Paupers, Expense of When Sick Habitual Drunkards, Sale of Liquor to, Etc. Codification of Charter, Ordinances, Etc. Sale of Certain Goods Without Li- cense Prohibited Amended Home Charter, Submission of Justice of Peace Not to Issue Sum- mons in City Public Libraries CITY OF MINNEAPOLIS-MISCELLANEOUS. • • (Amends Chap. 106, Gen. Laws 1879.) Certain Officers to Hold But one Of- fice. • License to Temporarily Sell Goods. (Amends Chap. 304, Gen. Laws 1901.) Law Library for Use of City Officials, Etc. Gifts for Certain Purposes, City May Receive Expense Controlling Contagious Dis- eases Contracts for Electricity and Gas for Power Opening and Grading Streets to Parks Streets May Be Set Apart for Park- · • • ways Building Line Easement • • • Patrol Wagons, to Be Enclosed.. Proposed Charter, Time to Submit Extended. Old Sidewalks, Removal, Cost, As- sessed Framing City Charter, Appointment of Commissioners · Municipal Building Commission Refund of Liquor License on Death of Licensee Probation Officer (Amends Chap. 154. Gen. Laws 1899.) Compulsory Vaccination Unlawful.... Salaries of Mayor and Aldermen... Expenses of Charter Commission ($500) Automobiles, Regulations of • • • • Approved. April 9 April 10 March 11 10 April April April April 13 April 13 April 13 March 10 April 13 10 11 April 13 April 13 April 13 March 10 Feb'y 7 March 3 April 3 April 6 April 10 14 April April 14 14 April April April 14 April 17 April 18 14 18 April April 18 April 20 April 21 April 12 21 April Special Laws. Chap. Page. 1901 188 261 1901 1902 1901 1901 1901 1901 1901 1901 1902 1901 1901 101 1901 1902 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 1903 195 45 203 230 251 287 296 304 52 323 345 366 378 52 7 22 127 144 161 191 194 207 209 213 238 247 265 270 299 310 350 356 271 114 281 320 1 397 465 471 484 125 539 567 585 596 125 28 179 201 234 287 290 313 315 318 349 368 386 390 530 542 634 646 ORDINANCES City of Minneapolis OF THE Resolutions, Park Ordinances, Etc. Published by Authority of the City Council of the City of Minneapolis. Compiled under Direction of City Council by FRANK HEALY, L. A. LYDIARD, WM. H. MORSE, HENRY N. KNOTT, - 1 JUNE 1, 1905. · City Attorney City Clerk · Assistant City Attorney Assistant City Clerk CONTENTS-ORDINANCES. Building Ordinance Amendment to sec. 156 of Building Ordinance. Theaters, Opera Houses, Etc. Burned Buildings Electric Wires, etc. Gas Fitting Plumbers BUILDING ORDINANCES. .. · • Fire Limits, Buildings, etc. Fire Department Fire Marshal FIRE LIMITS ORDINANCES, ETC. • Storage of Gunpowder, etc. Storage of Calcium Carbide. Piling Empty Boxes Spark Arresters Required. Wooden Sidewalks Prohibited • Lumber and Mill Wood Piles-East Side. Lumber and Wood Yards-West Side. Lumber and Mill Wood Piles... • • • • · • · .. • • • · • RAILROAD GRANTS AND FRANCHISES. Minneapolis & St. Louis Railway Company. Minneapolis Eastern Railway Company. Minneapolis Western Railway Company. St. Paul, Minneapolis & Manitoba Railway Company Great Northern Railway Company. Chicago, Milwaukee & St. Paul Railway Company Chicago, St. Paul, Minneapolis & Omaha Railway Company Minneapolis Union Railway Company. St. Paul & Northern Pacific Railway Company Northern Pacific Railway Company. Minnesota & Northwestern Railroad Company Minneapolis, St. Paul & Sault Ste. Marie Railway Company Chicago Great Western Railway Company. Wisconsin Central Railway Company. Burlington, Cedar Rapids & Northern Railway Company Bridge over railway tracks on Second street north.. Summary of resolutions, motions and reports relative to railroad companies and franchises.. • · • • • • · • • • • • • · • · • • • • • • • • • • • • 412 .414, 418 414, 420-426, 537 • • • ▸ • • • 400, 429-468 469-480 .481-488 473, 490-502 503-530 • • • 237 974 298 310 311 364 366 • RAILWAY REGULATIONS. Ordinance regulating rate of speed of locomotive engines and cars... Ordinance prohibiting the whistling of locomotive engines within the city limits Ordinance requiring railway companies to establish and maintain flagmen at railway crossings... Ordinance requiring railway companies to maintain.safety gates and gatekeeper at railway crossings. Ordinance regulating rate of speed of locomotive engines and cars in crossing Central avenue and Seventh street northeast... Ordinance regulating the manner of planking and maintaining rail- road tracks within City of Minneapolis... STREET RAILWAY GRANTS AND FRANCHISES. MINNEAPOLIS STREET RAILWAY COMPANY: Street railways in City of Minneapolis. Hennepin avenue and Eleventh or Twelfth street. Portland or Nicollet avenue.. 369 379 385 386 388 389 390 392 .532, 534 392 393 853 394-402 403-408 • 536-543 545-550 ,552, 554 555 557 986 559 556 560 561 562 563 564 568 569 CONTENTS-ORDINANCES. 225 MINNEAPOLIS STREET RAILWAY COMPANY-Continued. First street, First avenue south, and Nicollet avenue. Fourth avenue south Lines along certain streets Steam power revoked Cobblestone paving Nicollet avenue line Second street northeast, etc. Bryant avenue Soft coal, use of prohibited. University avenue, etc. "T" rail on University avenue Electric railways Transfer checks on street railways. Through cars on Interurban Line. Summary of resolutions, motions, etc., relative to street railways MISCELLANEOUS GRANTS AND FRANCHISES. Gas Franchise, D. Morrison, et al. Gas Franchise, T. A. Murphy, et al.. Minnesota Electric Light and Power Company Edison Electric Light and Power Company. Electrical Subways-National Subway Company. Edison Light and Power Company. Thomson-Houston Electric Company St. Anthony Falls Water Power Company American Union Telegraph Company. American District Telegraph Company Western Union Telegraph Company. Rapid Transit Telegraph Company Chicago and Northwestern Telegraph Company American Telephone and Telegraph Company Minnesota Central Telephone Company. Mississippi Valley Telephone Company. Minnesota Power and Trolley Company Underground Wires, etc. Central Market Wood, Hay and Live Stock Market (James F. Duffey) Canal-St. Anthony Falls Water Power Company. Wm. D. Washburn-Water mains in Washburn Park Merchants' Board of Underwriters. Guaranty Loan Building Company-Subway across Second avenue south Powers' Mercantile Company-Subway across alley in Block 80, Min- neapolis • Intelligence Offices Theaters Intoxicating Liquors Wine Rooms, etc. Dogs, License of, etc. • • • · • • • • • • • • • Miscellaneous Licenses.. Hackmen, Draymen, Expressmen, et al. Foot Peddlers on Nicollet Avenue.. • • • • • • • · • · • • LICENSES. • • • • • • · • • · • • Thomas Lowry-Subway across alley in Block 50, Minneapolis. Powers' Mercantile Company-Subway across alley in Block 80, Min- neapolis • •• Cudahy Packing Company-Subway across Third avenue north, from Central Market Guaranty Loan Building Company-Subway across Second avenue south Summary of resolutions, motions and reports of committees, grant- ing rights to use public streets, etc. Porters, Runners, Agents and Solicitors. Wagon and Push Cart Peddlers.. ´awnbrokers-Dealers in Second-hand Goods-Junk Dealers. • · · * • • • · · • • • 569 570 571 571 573 573 574 575 575 576 577 578 581 582 994 584 586 589 590 592 594 595 596 597 598 600 601 602 603 604 608 613 622 628 635 639 642 643 644 646 648 649 651 976a 1013 654 660 670 670 673 673 676 679 680 686 687 226 CONTENTS-ORDINANCES. • Slaughter Houses and Stock Yards.. Obstruction of Bassett's Creek Glanders Drainage of Low Ground. Nuisances Certain Nuisances Inspector of Meats and Provisions. Inspection of Meats, etc. Inspection of Bread Dense Smoke Prohibited SANITARY ORDINANCES. • • • • Inspection of Milk, Dairy Herds, etc. Abatement of Nuisances by Owners of Property. Preservation of Health and Prevention of Disease.. Preservation of Health-Deposit of Sputum, Tobacco Juice, etc., in Public Halls and buildings prohibited. Preservation of Health-Deposit of Tobacco Juice, etc, on floor of Theaters, Churches, etc., prohibited • SANITARY ORDINANCES. Preservation of Health-Tagging polluted wells Scavengers Carriage of Garbage, etc. • Cesspools-Night Soil, etc. Collection of Garbage-Scavenger's Fees. Hauling and Disposing of Manure. Inspection of Plumbing.. Out Houses-Cesspools Location of Stables Tuberculosis-Nuisances Sale of Anti-toxin, etc. Inspector of Smoke Sale of water for drinking purposes, etc. • • • • • .. • Grades of Streets Notice of Proposed Change of Grade.. Names of Streets • · ► STREETS. Alley in Grimshaw's Addition. Alley in Block 5, Mattson's 3rd Addition. Part of Second Avenue North.. • POUNDS AND POUNDKEEPERS. Pounds and Animals Running at Large. Animals at Large-Herding. · • ► • • • • Width of Streets, Roadways, Sidewalks and Boulevards. Bridges-Driving Cattle and Mules on Bridges. Bridge on Thirty-second Avenue North.. Signs, Awnings, Posts, Banners, etc. Vacation of Streets and Alleys: · Portion of First Street North.. Temporary Grading-For passageway Wooden Sidewalks Prohibited Oak Street-Removal of Obstructions.. Construction of Sidewalks, Curb and Gutter. Removal of Snow and Ice from Sidewalks. Removal of Snow and Ice from Sidewalks. Construction of Bicycle Paths Cycle Paths-Construction and Maintenance. • • · • • • · · • • • • · • Certain Streets in Bradford & Lewis' Addition. Portion of Main Street Southeast. Portion of Main Street Southeast. Part of Second Avenue South. Part of Tenth Street South. Alley in Block 7, Southside Addition Eleventh Avenue North Portions of Fifth, Sixth, Seventh, Eighth and Ninth Avenues North • • C • & • • • • • • • • 691 693 693 694 695 697 697 699 701 702 703 707 709 719 720 720 721 723 724 725 726 728 728 729 729 731 732 733 735 738 739 804 805 814 845 845 $46 847 847 847 848 848 849 849 850 850 851 851 852 852 853 854 855 856 856 858 859 CONTENTS-ORDINANCES. 227 STREETS-Continued- House Numbering: Kenwood Parkway Cedar Lake Road Numbering Houses Required, etc. Sixth Avenue North... Royalston Avenue and Highland Avenue. Regulation of Travel on Streets. Unlawful Practices in Streets. Disorderly Conduct, etc. Disorderly Houses Prostitutes · Gambling and Gambling Houses. Destruction of Gaming Instruments Vagrancy ·· Vagrants and Street Beggars. Fire Works and Fire Arms. Bowling Saloons and Billiard Tables Roller Rinks-Baseball Grounds Sleigh Bells, etc. Wood Carts on Public Streets. Barbed Wire Fences Prohibited. · • · Hats in Theaters, etc. Curfew Ordinance Regulation of Travel on Streets. • PETTY OFFENCES. • • Riding on Outside of Street Cars, etc. Public Dances Smoking in Theaters • Costs, Fines and Penalties · • · Pay Rolls for City Employees. Plats of Additions Sealer of Weights and Measures. Berries and Small Fruits False Weights and Measures. False Weights and Measures. Weighing and Selling of Coal. Measurement and Sale of Firewood. • • • · WATER WORKS AND SEWERS. Regulation of Use of Water from Water Works, etc. Water Mains and Sewers ❤ Branch Gas and Water Pipes and Sewers. • WEIGHTS AND MEASURES, ETC. Cemeteries-Defacing Tombstones, etc. Service of Notices by City. Police Department City Engineer-Duties of, etc. Contracts-Labor and Materials, etc. Sale of Cattle, Sheep and Swine. Sinking Fund Commissioners. Preservation of Public Property County Jail a City Workhouse. Additional City Workhouse Workhouse Rules and Regulations. Support of City Poor • • · • • • • · MISCELLANEOUS ORDINANCES. · • • • • • City Comptroller and City Treasurer • · • • • • • • • Cancellation of Special Assessments Adoption of Bond Act... Adoption of Bond Act as Amended. Inspector and Inspection of Gas... Aldermen Prohibited from Demanding Appointment of Any Person to Office • • • • • 860 861 862 863 863 885 864 873 874 876 876 878 878 879 879 880 880 881 881 882 882 883 885 886 $86 887 888 889 904 909 911 913 914 914 915 917 921 921 922 924 925 926 926 929 930 931 933 940 943 911 945 945 946 947 952 953 228 CONTENTS-ORDINANCES. MISCELLANEOUS ORDINANCES-Continued. Special Assessments and Annulments-Record and Notice Thereof by City Comptroller City Comptroller to Check Books of Certain City Officers. New City Charter Board of Charities and Corrections-Crushed rock for macadamizing streets Art Commission • Bookkeeping and Accounting, System of Jones, Caesar & Co. System of internal check and auditing.. Lake Calhoun-Uniform Height of Water. Lake Harriet-Uniform Height of Water. Lake of the Isles-Uniform Height of Water. Election Districts Ordinance Establishing Ordinances Park Board Ordinances • • · • • ► • • · · D • Summaries of Resolutions, Motions and Reports Relating to Rail- roads, Street Railways and Use of Streets for Various Pur- poses ..986, 994, 1013 • • RAILROAD GRANTS AND FRANCHISES. MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY: Two railway tracks across Itaska street on River street, across Hennepin avenue, along Water street, across Oregon street, First street, California street, along Second street, across Russell street, Ames, Rice, Smith, Pearl, Hay, Harrison, Lake and Cedar streets, across Bluff street, Oak street, Walnut street, Second street, Washington avenue, Elm street, and Levee · • • Two railway tracks across and along Second street, Dakota street, Washington avenue, Third street, Nebraska street, Fourth street and Fifth street Railway tracks across Third, Fourth, Fifth and Sixth streets, be- tween present tracks and line 172 feet northwesterly and parallel with center line of Third avenue north. One railway track across Fourth avenue south, Fifth avenue south, along alley in Block 16, Minneapolis, to Sixth avenue south • " 956 957 958 959 960 960 961 962 973 .977, 984 One railway track upon and along Second street, from point op- posite Lot 3, Block 16, Minneapolis, to point opposite Lot 4, Block 100, Minneapolis Side track on Second street south, across Sixth avenue south, from point opposite Lot 4, Block 16, to point opposite south- easterly corner of machine shop on Block 100, Minneapolis.... One railway track over and across Second avenue north, between Fifth and Sixth streets MINNEAPOLIS EASTERN RAILWAY COMPANY: Single railroad track along River street, across Hennepin avenue and along Water street to its southeasterly end, etc..... One or two railroad tracks commencing at Mississippi river and Second avenue south, thence easterly, etc., across First street, Fourth avenue south, Fifth avenue south, to Sixth avenue south; also one track across Second street and Fourth ave- nue • One railroad track from Eighth avenue southeast, upon and along Main street to Second avenue southeast, and spur tracks to mills, etc; also two railway tracks upon and across Fifth, Sixth, Seventh and Eighth avenues southeast and Bluff street 955 955 956 MINNEAPOLIS WESTERN RAILWAY COMPANY: Single railway track beginning at point opposite Lots 4 and 5, Block 101, Minneapolis, thence westerly across Eighth avenue south, to and along Second street across Fourth avenue south and First street 394 396 397 398 400 401 402 403 406 408 412 + CONTENTS--ORDINANCES. 229 RAILROAD GRANTS AND FRANCHISES. ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY AND GREAT NORTHERN RAILWAY COMPANY: Viaduct in Second avenue northeast from Main street to Harrison street, and bridges at Main street northeast, Second street northeast, University avenue, Fourth street northeast, Fifth street northeast, Seventh street northeast, Central avenue, Twenty-fifth avenue northeast, Broadway, Central avenue, viaduct at Como and Tenth avenues southeast.. Contract relative to bridges on Western avenue and Holden street. GREAT NORTHERN RAILWAY COMPANY: • Truss bridge on First street north, over right of way, between Third and Fourth avenues north. Extension of bridges over right of way on Holden street and Western avenue Double side track on Main street southeast, across Third avenue southeast, for use of Phoenix mill.. Single spur track along alley in Block 7, Oak Lake Addition, across Border avenue, and through alley in Block 8, said addi- tion Single spur track across Tyler street, between Division and Win- ter streets Warehouse and switching tracks on alleys parallel with Third street north in Blocks 22, 23 and 24, Bassett, Moore and Case's addition, and on any alley or public way between Fourth avenue north and Tenth avenue north, etc... Double spur track across Twenty-seventh and Twenty-six-and-a- half and Twenty-sixth avenues northeast, and Sixth and Fifth streets northeast, parallel with right of way of said company, on land adjacent thereto, for use of P. B. Mann Company... CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY: One railway track upon and along Second street from a point opposite Lot 5, Block 100, Minneapolis, to a point opposite Lot 1, Block 17, Minneapolis.... Spur track across Sixth street south from a point seventy feet northwestwardly from Fifteenth avenue south, etc., for use of North Star Barrel Company.. Extension of side track in Second street south adjacent to eleva tor "B," across Ninth avenue south, along Second street to Tenth avenue south, for accommodation of John T. Rogers.. Spur track upon and across Twenty-ninth street, from point west of Lyndale avenue west across Aldrich avenue and Twenty- ninth street south, etc., for use of Northwestern Adamant Manufacturing Company • • • ... • ••• • Spur track from point west of and near Grand avenue, thence west across Harriet avenue and Garfield avenue to point near Lyndale avenue Opening and grading Fifth avenue south over Hastings and Da- kota Division of said railway, and wooden and plate girder bridges across Fifth avenue south at said location.. Opening and grading of Thirty-first avenue south across "Short Line" of said railway, and three track plate-girder iron bridge across said avenue at said location.. • Spur track across Ninth avenue south to and into lots in Ankeny, Robinson & Pettit's Subdivision of Block 114, Minneapolis, for use of Northern Hydraulic Press Brick Company.. Single spur track from main track of East Side spur, south- easterly across Marshall avenue into Block S, Regent's Addi- tion, for use of Warren-Scharf Asphalt Paving Company………. Changing and fixing grade of Hennepin avenue over tracks of said railway company and providing for a plate girder iron or steel bridge on Hennepin avenue over said railway tracks.. Single spur track upon and over Ninth, Eighth and Seventh ave- nues south, from point in Block 107, to point in Block 46, Minneapolis, etc. 414 418 420 421 422 423 424 426 537 400 429 429 430 431 432 435 437 438 439 441 230 CONTENTS-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY.-Continued. Single spur track upon and over Ninth avenue south, from Indus- try Track, so-called, in Block 44, to point in Block 107, Min- neapolis RAILROAD GRANTS AND FRANCHISES. Relative to location of the road nearest the west bank of Missis- sippi river across right of way of C., M. & St. P. Ry. Spur track upon and across East Twenty-seventh street, from point between Twenty-seventh and Twenty-eighth avenues south, to a point in north line of said East Twenty-seventh street • • Single spur track upon and across Seventh avenue south, from a point in Industry Track, in Block 45, northwesterly to a point in Block 46, Minneapolis One railway track across Eighth avenue south, extending into Lot 12, Block 97, Minneapolis. Four railway tracks upon and across Ninth avenue south between Lot 13, said Block 97, and southwesterly half of Ankeny, Robinson & Pettit's Sub- division of Block 114, Minneapolis. Spur track upon and across Dartmouth avenue, from point in East Side spur, northwestwardly across said avenue, etc……………. Single spur track upon and across Seventh avenue south, from connection with Industry Track in Block 45, Minneapolis, northwesterly to a point in said track in Block 46, Minne- apolis Two tracks upon and across East Thirty-sixth and Thirty-seventh streets, and one track upon and across East Thirty-eighth street, as located upon blue print. One railway track upon and across Hiawatha avenue, from a point 35 feet northwesterly from Twenty-eighth street, to a point about 35 feet southeasterly from Twenty-eighth street, etc. • · ► • Two spur tracks across East Lake street, between Hiawatha and Minnehaha avenues, in the City of Minneapolis... Additional track across Twelfth avenue south, from a point about 12 feet northwesterly from Twelfth avenue south, thence southeasterly crossing said avenue to east-bound main track of said company One railway track upon and across Third avenue south, from Lot 1, Block 18, Minneapolis, to Lot 6, Block 19, Minneapolis... One side track upon and across Twenty-eighth street south, as shown upon blue print map on file in office of City Engineer One railway track across Dupont avenue south and upon and along Twenty-ninth street from point 198 feet east of Emer- son avenue south, southeasterly and easterly to a point in west line of alley in Block 20, Windom's Addition.. Two railway tracks across Fourth street south, from Lot 8, Block 121, Town of Minneapolis, northwesterly across said street, to Lot 2, Block 122, Minneapolis...... Two railway tracks across Eleventh avenue south, from point 80 feet northeastwardly from southwest corner of said Block 122, thence northwestwardly across said avenue, to a point 125 feet northeasterly from the southeast corner of Block 105, Minneapolis One railway track upon and across Bryant avenue, distant fifteen feet northwardly from the main track of the Hastings and Dakota Division of said railway. One railway track across Third avenue south, center line of which to be parallel to and distant about ten feet south of north line of right of way of said company.. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COM- PANY: • One track across Third avenue north and two or more tracks across Fourth and Fifth avenues north, said lines to cross said avenues at points northeast of a line running through centers of Blocks 7, 8 and 9, Minneapolis.. 443 445 446 448 450 451 453 454 456 457 459 460 462 463 465 465 466 468 469 CONTENTS-ORDINANCES. 231 RAILROAD GRANTS AND FRANCHISES. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COM- PANY-Continued. Temporary track on River street... One or more railway tracks, etc., over, along and across alleys in Blocks 6 and 7, Minneapolis, and across Fifth and Sixth ave- nues north, etc. Two railway tracks, etc., upon, along and across alleys in Blocks 8 and 9, Minneapolis, and across Fourth avenue north, etc………. Switching track upon and across First street north, from grounds of said C., St. P., M. & O. Ry. Co., in Block 38, Bassett, Moore & Case's Addition, to grounds of the St. Paul & Northern Pacific Ry. Co., in Block 4, of said addition.. One or more tracks across, over and along Twenty-fourth avenue southeast, Twenty-third avenue southeast, Chambers street. Twenty-two-and-a-half avenue southeast, alleys between said streets, and alley across Block 38, Guerney Park Addition, etc. Vacation of portions of Fourteenth, Fifteenth, Sixteenth and Nine- teenth avenues north, for the use and benefit of the C., St. P., M. & O. Ry. Co., etc. Railway lines and tracks on that portion of Seventeenth avenue north, between First street and the Mississippi river... Three steel plate girder viaducts over Plymouth avenue for pur- pose of connecting company's present terminal facilities with terminal facilities to be constructed upon Blocks 16, 17, 24, 25, 32, 33 and 37, Bassett, Moore & Case's Addition... Also two of said five tracks from and across Ninth avenue south- east, crossing junction of Eighth avenue southeast and Main street to Seventh avenue southeast to a point on Main street southeast 500 feet southeasterly of Central avenue, etc... Also spur tracks across Main street to connect said lines of rail- way with mills, etc. Also two or more of said five tracks from and across Ninth ave- · • etc. Extension of said tracks crossing Mississippi river and other tracks upon and along River street, as laid out in Steele's Addition, and upon ground occupied by tracks of M. & St. L. and Minneapolis & Eastern Ry. Co., and use of all said por- tion of River street for railway tracks, depots, etc.... Four or more railway tracks across Hennepin avenue easterly of anchor piers of suspension bridge, and one or more tracks westerly of said piers, and along and upon all of River street to First avenue north, and on southwesterly half of River street between First avenue north and tracks of St. P., M. 469 471 472 473 475 MINNEAPOLIS UNION RAILWAY COMPANY: Five railway tracks over and across Fifth street and Sixteenth avenue southeast at their junction; Fourth street and Fif- teenth avenue southeast at and northwesterly of their junc- tion; Third street southeast or University avenue, between Thirteenth and Fourteenth avenues southeast; Fourteenth avenue southeast, between Third and Fourth streets, near crossing of said Fourteenth avenue and Tuttle's creek......481, 482 Also said five railway tracks along and over Bluff street, from crossing of Tuttle's creek and Bluff street to Ninth avenue southeast 477 478 480 482 482 nue southeast across corner formed by Eighth avenue south- east and Main street, across Sixth avenue southeast to end of bridge, thence across Mississippi river, etc.. to point on westerly bank between Second and Third avenues south....482,483 Removal of tracks of Minneapolis & St. Louis Ry. Co. and Minne- apolis Eastern Ry. Co. from near and upon River street to westerly location, and extension of same across Second ave- nue south, Hennepin avenue, First, Second and Third avenues north and First street to junction with St. P.. M. & M. Ry.. 482 483 483 232 CONTENTS—ORDINANCES. MINNEAPOLIS UNION RAILWAY COMPANY-Continued. RAILROAD GRANTS AND FRANCHISES. • • 1 & M. Ry. Co., etc., crossing First, Second and Third avenues north; thence to a connection with tracks of St. P., M. & M. Ry. at or near First street. Filling in under suspension bridge 100 feet easterly from main piers of said bridge for roadway, depot grounds and ap- proaches Bridge over said tracks on Fifth street southeast. Bridge over tracks Main street southeast, etc., on Sixth avenue southeast Stone abutments, etc., for bridge over said tracks at Hennepin avenue Iron bridge on First avenue north over railway tracks on River street Construction of other bridges by railway company. Maintenance of abutments of said bridges, construction and main- tenance of gutters, maintenance of culverts.... • • ST. PAUL AND NORTHERN PACIFIC RAILWAY COMPANY: Switching track upon and across First street north from grounds of Chicago, St. Paul, Minneapolis & Omaha Ry. Co., in Block 38, Bassett, Moore & Case's Addition, to grounds of St. P. & N. P. Ry. Co., in Block 4, said addition... Single or double track railway over and along Main street from north line of Wright's Addition to Ferry street; across Ferry street to Block 4, Orth & Hechtman's Addition, across Cali- fornia street, Hechtman street, Grand street and Marshall street, to Block 2, Ewing & Chute's Addition, thence across Mississippi river, etc. Single or double track railway from west bank Mississippi river, between Twenty-fourth and and Twenty-sixth avenue north, southwesterly, etc., across Twenty-fourth avenue north to and into First street, thence southward along easterly part of First street across Twenty-third, Twenty-second, Twenty-first, Twentieth, Nineteenth, Eighteenth, Seventeenth, Sixteenth, Fifteenth, Fourteenth, Thirteenth or Plymouth, and Tenth avenues north, to Block 9, Bassett, Moore & Case's Addition.. Railroad tracks for terminal railroad yard upon ground bounded on north by Tenth avenue north, on east by First street north, on south by St. P., M. & M. Ry., and on west by Second street north, crossing Ninth, Eighth, Seventh, Sixth, Fifth and Fourth avenues north, within said limits.... • • • • • Single or double track railway from point at or near south line of Twenty-third avenue north, northerly upon and along First street north, across Twenty-fourth avenue, Twenty-sixth ave- nue and along and over Second street north, across Twenty- seventh, Twenty-eighth. Twenty-ninth, Thirtieth, Thirty-first and Thirty-second avenues north, across Blocks 48, and 27, Baker's 4th Addition, thence across Thirty-third avenue to and along Two-and-a-half street, across Thirty-fourth avenue north, to northerly line thereof.. Single or double track line from point near northwest corner of B. S. Wright's Addition, westerly, southwesterly and south- erly across Marshall street, to and along east bank of Mis- sissippi river, across Ferry street, Orth street, to intersection of Ramsey and River street, across River street to and along Ramsey street to Eighth avenue northeast... Single or double track from point on main line near Ferry and Main streets, northwesterly by curved line across Ferry street, Main street, to and along Eighteenth avenue northeast or Mulberry street, to St. P., M. & M. Ry.. Bridge on Fourth avenue north, construction and maintenance thereof • • F 483 484 485 486 486 487 487 488 473 490 493 493 493 494 494 495 CONTENTS-ORDINANCES. 233 RAILROAD GRANTS AND FRANCHISES. ST. PAUL AND NORTHERN PACIFIC RAILWAY COMPANY-Continued. Side track from point on line of railway on First street north, opposite Let 5. Block 4, Cobb's Addition, southerly and south- westerly across First street and Twenty-third avenue north, to Block 8, North Minneapolis.. Single or double track over, along and across Thirty-first avenue northeast, from Main street to unplatted land on Mississippi river, across California street, Grand street, Randolph street and Marshall street Spur track across Grand street at some point between north and south lines of Lot 26, Auditor's Subdivision No. 34, for use of G. Gluek & Sons Spur track from point where south line of Twenty-second avenue north intersects railway line on First street, thence across Twenty-second avenue north to spur track along easterly side of Block 8, Cobb's Addition to North Minneapolis, thence along said spur track to south line of Twenty-third avenue north, thence across Twenty-third avenue north, along First street to south line of Twenty-fourth avenue north, for use of Joannin & Hanson Company • NORTHERN PACIFIC RAILWAY COMPANY: avenues Railroad with one or more tracks from north line of city south- easterly on east side of and parallel with Great Northern Railway track, etc., across Thirty-seventh avenue northeast and NE of SE of Sec. 3, T. 23, R. 24, to west line of Sec. 2, T. 29, R. 24. Thence across SW14 of said Sec. 2 to south line thereof, etc., crossing Thirty-first avenue northeast; thence across N½ of NW¼ of Sec. 11, T. 29, R. 24, crossing Jarrett street, University avenue and Territorial Road, to north line of Phillip's Addition; thence across said addition over Twenty- seventh, Twenty-sixth and Twenty-fifth avenues northeast and Fifth, Sixth and Seventh streets, to and across Lennon and Newell's Addition, over Twenty-fifth, Twenty-fourth, Twenty- third and Twenty-second avenues northeast and Seventh, Washington and Jefferson streets, to and across Cobb's Addition, etc., crossing Twentieth, Nineteenth and Eigh- teenth and Madison and to Monroe streets, and and across East Side Addition, crossing Monroe Quincy streets and Eighteenth-and-One-Half and Eigh- teenth avenues northeast, to south line of said Sec. 11; thence southeasterly across N½ of NE of NE of Sec. 14, T. 29, R. 24, to and across Johnson's Addition, crossing Eighteenth avenue northeast, Van Buren street, Central avenue and Fifteenth avenue northeast, to east line of said Sec. 14; thence across unplatted land in NW14 of Sec. 13, T. 29, R. 24, crossing Central avenue, Polk street and Filmore street, to and across Cumming's Second Addition, crossing Filmore, Pierce, Buchanan and Broadway streets, etc., to east line Block 3, said addition; thence across unplatted land in SE14 of NW of said Sec. 13, crossing Broadway street, to and across Ramsey, Lockwood and Others' Addition, crossing Broadway, Lincoln and Johnson streets to N. and S. line in Sec. 13; thence across unplatted land in W½ of SE¼4 of said Sec. 13, crossing Johnson street, to and across James Stinson Boulevard Addition and Elwell's Second Addition, crossing D, E, F and G streets, Stinson's boulevard, Winter and Division streets, to and across Elwell's Addition, cross- ing Division street and Eighteenth avenue southeast, to and across Way's Addition and Elwell & Higgin's Addition, cross- ing Eighteenth, Nineteenth, Twentieth and Twenty-first avenues southeast, Division street, Talmage avenue, etc., to west line of NE of NW, Sec. 19. T. 29, R. 23; thence across unplatted lands in Sec. 19 to east line of said section, crossing Como avenue and Elm street.... 499 500 501 502 503 234 CONTENTS-ORDINANCES. RAILROAD GRANTS AND FRANCHISES. NORTHERN PACIFIC RAILWAY COMPANY.-Continued. Railroad with two or more tracks from a point on west line of Twentieth avenue south and distant 31 feet northeasterly from south line of Lot 8, Block 6, Hancock & Rice's Addition, thence southeasterly across said addition, crossing Twentieth and Twenty-first avenues south, to and across Government Lot 8, Sec. 25, T. 29, R. 24, to Mississippi river; thence across Mississippi. river to and across St. Anthony City, crossing Prospect, Pleasant, State, Church, Union, Harvard, Walnut and Oak streets and University avenue, to and across Regent's Addition, crossing Twenty-third, Twenty-fourth, Twenty-fifth and Twenty-sixth avenues southeast, Fourth street and Uni- versity avenue, to north and south line in Sec. 30, T. 29, R. 23; thence across unplatted land in W½ of NE of said Sec. 30, crossing Mary street, to and across unplatted land in SE of NE of said Sec. 30, to east line of city and said section.... Double track iron railroad viaduct over Twentieth avenue south and Twenty-first avenue south.. Bridges at Union and Harvard streets. Separation of grades at Como avenue. Signal gates and watchmen at railway crossings at Como ave- nue, Broadway, Central avenue, Stinson boulevard, Division and Filmore streets, etc. Spur track from main track in Block 3, Cobb's Addition, easterly across Pacific street and Mill street, southerly across Twenty- third. Twenty-second and Twenty-first avenues north, to Block 3, Town of North Minneapolis.. Single spur track over and across Second street northeast be- tween Seventeenth and Eighteenth avenues northeast, etc.. Extension of spur track now terminating in Block 3, Town of North Minneapolis, across Twentieth, Nineteenth and Eigh- teenth avenues north, terminating in Block 32, Bassett, Moore & Case's Addition · Extension of spur track now terminating in Block 3, Town of North Minneapolis, northerly across Twenty-fourth and Twenty-sixth avenues north, on bank of Mississippi river, and terminating at point between Twenty-sixth and Twenty- seventh avenues north • • Four railway tracks from tracks near intersection of Twenty- third avenue and Fourth street southeast, thence westerly along said Fourth street and across Twenty-second avenue southeast, thence northwesterly across Marshall avenue, On- tario street or Twenty-first avenue southeast, Bell street, Oak street, Eighteenth avenue southeast to tracks of Great Northern Railway near Eighteenth avenue southeast.... Single spur track upon Polk street northeast, from southerly boundary line of company's right of way, southerly 470 feet Team track for loading and unloading freight upon Second street north between easterly line of said Second street and a line 12½ feet westerly therefrom and parallel therewith, etc...... Railway track over and across streets and alleys from a point in Lot 8, Block 41, Cummings & Brott's Addition, easterly to and across Harrison street, Block 21 of Ramsey, Lockwood and Others' Addition, and Tyler street, to point near lines of Lots 9 and 10, Block 22, said last named addition.. Spur track upon and across Thirty-second avenue north and First street north, from point near Lot 5, Block 48, Baker's 4th Addition, southeasterly on curved line to point 6 feet north of south line of Thirty-second avenue north; thence east to a point north of east end of factory building of M. A. Gedney Pickling Company One railway track upon and across Stock Yard Road at a point where Fourteenth avenue northeast, if extended, would cross said road • 505 506 506 507 507 510 512 513 515 516 519 520 522 524 526 CONTENTS-ORDINANCES. 235 NORTHERN PACIFIC RAILWAY COMPANY-Continued. Two additional side or spur tracks upon and across Eighteenth avenue northeast and Washington street, etc. One additional side track upon and across Eighteenth avenue northeast and University avenue northeast, etc. Two additional side tracks across Fourth street northeast, for- merly Four-and-a-half street northeast, etc. Single spur track upon First street north, commencing at switch 25 feet south of Seventeenth avenue north, to point near northeast corner of Lot 1, Block 31, Bassett, Moore & Case's Addition • RAILROAD GRANTS AND FRANCHISES. - • Single spur track upon Water street northeast, from main line of railway on said street, between Fourteenth and Fifteenth avenues northeast, to west line of Block 5, Orth's Addition.. MINNESOTA AND NORTHWESTERN RAILROAD COMPANY: Railroad with one or more tracks over and across Second street, Eleventh avenue, First street, Twelfth avenue, Thirteenth avenue, Bluff street and Nineteenth avenue, in Sixth ward of city.-Bridges and viaducts. Vacation of certain streets, alleys and avenues.-Railroad with one or more tracks in Second ward over and across Fourth street, Fifth street. Twenty-sixth avenue, Twenty-fifth ave- nue, Twenty-fourth avenue, Marshall avenue, Eighteenth ave- nue, Twenty-two-and-a-half avenue, etc. MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY COMPANY: Spur track across Forty-fourth avenue north near Aldrich avenue. if cut through, and across Lyndale avenue near where, it crosses Forty-fifth avenue north Double spur track across Twenty-seventh, Twenty-six-and-a-half, and Twenty-sixth avenues northeast, and Sixth and Fifth streets northeast, parallel with right of way of Great North- ern Railway, on land adjoining said right of way, for use of P. B. Mann Company Single spur track upon and across Marshall street, from connec- tion with spur track existing on Lot 9, Auditor's Sub. No. 35, thence westerly across said Marshall street, on line 100 feet south of main line track Railway track upon three-cornered portion of Eighth avenue north, north of line drawn from point 12 feet from northeast corner of Lot 12, Bassett, Moore & Case's Addition, to center line of said Eighth avenue, where same terminates in west line of railway terminals Extension of present terminal across Fifth avenue north, etc., etc. • • • • • · • Side track upon and across Sixth street northeast and Twenty- fifth avenue northeast, for use of Pioneer Steel Elevator Company CHICAGO GREAT WESTERN RAILWAY COMPANY: One track of railway upon and along Ontario street, from pres- ent southwesterly track near south line of Belle street, south upon and along easterly side of said Ontario street to north line of Marshall avenue; thence across Marshall avenue to north line of Lot 5, Block S, Washburn's Subdivision; thence southerly, etc., to connection with track of C., M. & St. P. Ry. Co., near Fourth street southeast. Service track from south end of present service track at south- west corner of Block 2, Washburn's Subdivision, southerly across Marshall avenue to south line of said Marshall avenue Four additional tracks upon and over Second street south, be- tween Tenth and Eleventh avenue south, from connection with main line to passenger and freight depots on Block 113. Minneapolis, etc. • 527 527 527 529 530 532 534 536 537 538 540 541 543 545 546 547 236 CONTENTS. 1 CHICAGO GREAT WESTERN RAILWAY COMPANY-Continued. Railway tracks upon and over Eleventh avenue south, Twelfth avenue south, First street south, Thirteenth avenue south Cedar avenue and Nineteenth avenue south, as shown in red lines on plat on file in City Engineer's office.... WISCONSIN CENTRAL RAILWAY COMPANY: Vacation of portions of First avenue north, Second avenue north, and alley, for use of said Wisconsin Central Railway Com- pany RAILROAD GRANTS AND FRANCHISES. One railway track upon and across Fourth avenue northeast, near eastern terminus of said avenue, and at location shown on blue print filed in office of City Engineer…….. BURLINGTON, CEDAR RAPIDS AND NORTHERN RAILWAY COM- PANY: Five railway tracks upon and over Tenth and Eleventh avenues south, between Fourth and Fifth streets south, as shown upon blue print filed in office of City Engineer. • BRIDGE- Over railway tracks on Second street north.. Summary of resolutions, motions and reports of committees rela- tive to railroad companies and franchises. City Charter Municipal Court Act Court Reporter Witness Fees Bread Inspector Cemeteries Contingent Fund for Mayor Police Relief Association • Free Schools Parks and Parkways Park Bonds INDEXES. Tax Collections-Monthly Settlements Board of Charities and Corrections Department of Health • • • Court House and City Hall Commission Board of Tax Levy Rules of City Council Ordinances ▼ • • • • • • 550 552 554 555 557 986 1030 1105 1119 1120 1120 1120 1120 1120 1120 1120 1120 1125 1131 1144 1144 1149 1150 1131 MINNEAPOLIS BUILDING ORDINANCES. 237 BUILDING ORDINANCE. An Ordinance to regulate the construction, alteration, maintenance, repair and removal of buildings within the City of Minneapolis. Passed June 12, 1903-Approved July 10, 1903. Published in The Minneapolis Tribune, July 15, 1903-29 C. P. P. 315-351. As amended Jan. 11, 1904-30 C. P. 17; May 18, 1904-30 C. P. 265; June 14, 1904—30 C. P. 325; April 17, 1905, 31 C. P. 196.) The City Council of the City of Minneapolis do ordain as follows: PART. I. SECTION I. The City Council shall, at time of electing other city officers, elect an Inspector of Buildings, whose term of office shall be two years, or until his successor is appointed and qualified; but if at any time such Inspector proves to be incompetent, dishonest or in any way unsuited to the office, he may be removed by said City Council, and said City Council shall, upon such removal, proceed to the appoint- ment of an Inspector to fill the unexpired term. Qualifica- Such Inspector of Buildings shall be a practical architect, builder tion. or civil engineer, who has been engaged in the active duties of his oc- cupation for at least ten years. before ap- The Inspector of Buildings shall be required, before his appoint- Examination ment, to pass an examination before a board composed of two regular pointment. architects, two master builders and the City Engineer of said city, and Examining to produce to said City Council a certificate of competency from such board. board. The architects and master builders shall be chosen by the City Council. It shall be the duty of said City Council to designate a time and place and give public notice thereof, by publication at least three times in the official paper of said city, when such board will convene for such examination. Inspector of election, buildings, Term. Removal. Chosen by council. place of ex- Time and amination, notice of. Who may take. Such examination shall be open to any architect or builder with a practical experience in his occupation of at least ten years, and who shall wish to compete for said position. All candidates shall be ex- amined by such board in both the theory and practice of architectural Subjects of construction, in the calculations of the strength of material, strength of a truss, stability of an arch, and in such further details as shall seem best to said board. Report to After such examination, said board shall report, in writing, to said council. City Council the names of such persons to whom certificates have been 238 MINNEAPOLIS BUILDING ORDINANCES. Official oath of inspector. Bond. Office of. Duties of. Record of permits, etc. To visit and inspect buildings, when notified. Penalty for failure to inspect. How recovered. To sign per- mits, no- tices, etc. Make com- plaints. MAR Make quar- terly state- ments. Power of inspector. Referees to determine disputes. How chosen. Decision to te in writ- ing. final and conclu- sive. Inspection of buildings being erected. Record of violations of ordinance, etc. BUILDING ORDINANCE. issued, and from such persons said City Council shall appoint such officer. He shall, before he enters upon the duties of his office, take and subscribe an oath before the City Clerk, to faithfully and impartially execute the duties of his office, and shall give a bond in the sum of five thousand dollars, with two or more sufficient sureties, to be ap- proved by the City Council, conditioned for the faithful performance. of his duties. He shall keep an office in the City Hall or such other place as shall be furnished at the expense of the city. It shall be the duty of said Inspector to keep a record of all per- mits issued, which shall be regularly numbered in the order of their issue. Also a record, showing the number, description and size of every building erected in the city during his term of office; of what material constructed, the aggregate of the number, kind and cost of all buildings, and the sanitary condition of all buildings. It shall be the duty of said Inspector, upon being served with a notice requiring him to visit and inspect any building upon or in which work is being done under any of the provisions of this ordinance, to do so. And if said Inspector shall fail or neglect to attend within forty- eight hours after notice is served for that purpose, he shall forfeit and pay the sum of ten dollars for each and every day he shall so fail or neglect to attend beyond forty-eight hours, which penalty shall be re- coverable by action in the name of the City of Minneapolis, for the use of the owners, contractor or contractors of said buildings. It shall be the duty of the Inspector of Buildings to sign all certifi- cates, permits and notices, required to be issued under this ordinance; to make complaint of all violations thereof to the Municipal Court of the City of Minneapolis, to keep in proper books for the purpose a register of all transactions of said office, and to submit to the City Council a quarterly statement in detail of all such transactions. The Inspector of Buildings shall have full power to pass upon any question arising under the provisions of this ordinance, relative to the manner of construction or materials to be used in the erection, alteration or repair of any building. Provided, however, that should any question arise between the Inspector of Buildings and the owner or architect of any building, or should the owner or architect object to any order or decision of said Inspector, the matter shall be referred to a committee of three persons, one of whom shall be chosen by the Inspector of Buildings, one by the owner or other interested party, and the third shall be the Chairman of the Committee of the City Council on Public Grounds and Build- ings. and a decision of these referees, submitted in writing, shall be final and conclusive in the premises. The Inspector shall examine all buildings or cause the same to be examined, upon or in which work is being done under the provisions of this ordinance, as often as practicable, and make a record of all violations, if any, of the several provisions of this ordinance, together with the street and number where such violations are found, name of the owner, lessee, occupant, architect and builder, and all other matters relative thereto. - MINNEAPOLIS BUILDING ORDINANCES. 239 BUILDING ORDINANCE. buildings, It shall be the duty of the Inspector to examine or cause to be Dangerous examined all buildings reported dangerous, or damaged by fire or ac- examination cident, and to make a record of such examinations, including the na- ture of such damage, with the name of the street and number of such building, and the name of the owner and to examine all buildings un- der application to be moved, raised, enlarged, altered or built upon, if considered necessary, and to make a record of the condition of the same. Said records shall always be open to the inspection of the public. The Inspector of Buildings and his regularly authorized assist- ants are hereby given authority to enter any building in the City of Minneapolis in the performance of their duties, and to order and compel the suspension of any work being done, in violation of the pro- visions of this ordinance, and to prohibit the use of any material or the maintenance or operation of any machinery in violation of the provisions of this ordinance, or in violation of the provisions of any other ordinance of the City of Minneapolis. And no person shall continue the construction of any building, or use any material in or about any building, or use any machinery in or about any building, after said Inspector of Buildings, or his regu- larly authorized assistants, had directed, in writing, the suspension of the use thereof. The Inspector of Buildings and his regularly authorized assist- ants are hereby given authority to make such tests as may be necessary to determine the safety of the condition of any building or machinery which it becomes their duty under the provisions of this ordinance to inspect. Such assistants shall be competent men, with at least five years of practical experience at their respective trades. They shall be men of good character, and each shall be capable of writing a fair hand and of making his report with clearness. No person shall serve or be appointed as any such assistant who is deficient in these qualifica- tions, and before their appointment to office such assistants shall pass an examination before the Board of Examiners hereinbefore provided for the examination for the position of Inspector of Buildings at the same time and place of examination as for the position of Inspector of Buildings, and shall produce a certificate from such board of their com- petency and necessary qualifications. Such Board of Examiners shall examine applicants for the positions of Assistant Inspectors as to the above qualifications, and such other details as shall seem best to said board. The Inspector and Assistants shall not, during their terms of of- fice, be employed or engaged, directly or indirectly, in any building of. Record of same. To examine proposed to be moved, etc. Record of same. Inspection of records by public. Authority to enter build- ings. compel sus- pension of work, when. of material Prohibit use or machin- ery, when. use of Construction of building machinery pended, to be sus- when. test safety Authority to of buildings ery and machin- The Inspector of Buildings may, by and with the consent of the City Council, appoint a clerk and six assistants and as many other as- sistants as the Council may, by resolution, designate. If any others are hereafter authorized and appointed they shall be mechanics of such trade as shall, in the opinion of the Inspector, be of greatest service to the department; such clerk and assistants shall be subject to dis- charge by the Inspector at any time he may deem it for the best in- when. terests of the City and the department. Discharge of, clerk and May appoint assistants, when. Qualifica- tions. Further qualifications of assistants. To pass an examination. Certificate of com- petency. Not to be employed in building business. nor furnish material for same. 240 MINNEAPOLIS BUILDING ORDINANCES. Electric work, super- vision of. Assistant for same. Qualifica- tions. To pass an examination before board of examiners. Composition of board. Certificate of com- petency re- quired. - Compensa- tion fixed by council, Structures not to be erected, when. Buildings not to be raised, al- tered, etc. when. No repairs without permit. Permit for erection, etc., re- quired. By whom obtained. Erection, etc., without permit, un- lawful. Application for permit. BUILDING ORDINANCE. business, or enter into any contract for building for others or for furnishing material for buildings for others. The Inspector of Buildings shall have charge of, inspect and ex- amine, and exercise general supervision over all electric work in the City of Minneapolis. He shall, in addition to the assistants above provided for, appoint an assistant to aid him in the discharge of his duties in connection with such work. Such assistant shall be a competent man, familiar with the gen- eral natural laws of electricity, and with at least five years of prac- tical experience in general electric work. He shall be a man of good character, and capable of writing a fair hand, and of making his re- port with clearness. No person shall serve or be appointed as such assistant who is deficient in these qualifications, and before his ap- pointment to office such assistant shall pass an examination, at the same time and place of examination as for the position of Inspector of Buildings, and before a Board of Examiners, which shall consist of the board appointed to examine the applicants for the position of In- spector of Buildings, and in addition thereto, the professor in charge of the Department of Electrical Engineering of the University of Min- nesota, and he shall procure, from such joint board, a certificate of his competency and necessary qualifications. The Council shall in all cases fix the compensation of employes. of the Building Inspector's Department. PART 2. Preliminary Requirements. SECTION 2. No wall, structure, building or part thereof, plat- form or staging shall hereafter be erected, unless it be sufficiently strong for the purpose intended, and also in strict conformity to the provisions of this ordinance. No building already erected, or hereafter erected, shall be raised, altered, moved or built upon in any manner that would be in violation of any of the provisions of this ordinance, or of the permit issued thereunder. SEC. 3. No work or repairs shall be done upon any structure, building or shed in the City of Minneapolis (except as hereinafter mentioned) without a permit from the Inspector of Buildings. Before proceeding with the erection, enlargement, alteration, re- pair or removal of any building in the City of Minneapolis, a permit for such erection, enlargement, alteration, repair or removal shall first be obtained by the owner or owners, or his or their agent, from the Inspector of Buildings, and it shall be unlawful to commence or pro- ceed with the erection, enlargement, alteration, repair or removal of any building or structural part thereof within the City of Minneapolis, unless such permit shall first have been obtained from the Inspector of Buildings, or as hereinafter provided. SEC. 4. When any person or persons shall be desirous of erect- ing, repairing, changing or altering any building or structure within the limits of said city, he or they shall make application at the office of the Inspector of Buildings for a permit for that purpose, and shall furnish said Inspector with a written statement, upon a blank form MINNEAPOLIS BUILDING ORDINANCES. 241 BUILDING ORDINANCE, furnished by said Inspector for that purpose, together with the plans and specifications of the same, when required, which shall be delivered to the Inspector of Buildings and shall remain in his custody a suffi- cient length of time to allow the necessary examination to be made of the same, after which, if it shall appear to said Inspector that the laws and ordinances of such city are, and are contemplated to be, complied with, he shall grant such permit. If the said Inspector shall so re- quire, copies of said plans and specifications shall be filed in his office until the completion of the building or structure in question, and no owner, architect, builder or other person shall make any change in any such plans or specifications or in the structural parts of any such repairs, buildings or alterations, for which a permit has been granted, without the consent of the Inspector of Buildings. Whenever required by the Inspector of Buildings the architect (or if none, the builder) shall state on the plans or in the specifications what each floor is designed to carry as a safe load per superficial foot of floor area. Before any person or persons shall erect, construct or install any furnace, heating or power plant within any building now or hereafter erected within the City of Minneapolis, they shall obtain from the In- spector of Buildings a permit to perform such work, and when re- quired, shall furnish plans and specifications of the work to be done and shall also furnish the said Inspector such other information in re- gard to the work as may be required by him. (Added April 14, 17, 1905. 31 C. P. 196.) statement, Written plans and specifications nished be fur- inspector. Permit when. granted, Copies of plans, etc., to be filed when when. Repairs of buildings or structures, the cost of which will not ex- ceed twenty-five dollars, may be made without notice to the Inspector notice, of Buildings, but such repairs shall not be construed to include the cutting away of any stone or brick wall, or any portion thereof, the re- moval or cutting of any beam or support, or the removal, change or closing of any staircase, or the construction or change of any chimney. Nothing in this section shall be construed to prevent the Inspector of Buildings from granting a permit for the erection of any part of a building, or any part of a structure, where the plans and detailed state- part of ments of said building or structure have been presented for the same before the entire plans and detailed statements of said building or structure have been submitted. Any permit which may be issued by the Inspector of Buildings pursuant to the provisions of this section, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. Permit for erecting building, when. * No change required. in plans. etc.. without consent of inspector. Repairs without Permit to expire, when. statement Safe load of. to be made when required. Heating and power plants Permit for same. Plans and specifica- tions. ordinance. SEC. 5. Should the Inspector of Buildings become convinced that Violation of the work under such permit is not proceeding according to the de- pemance. tailed statement, plans and specifications upon which such permit was issued, but is proceeding in violation of the law or ordinance, it shall be his duty to notify the owner or owners or his or their agent, in writing, that the work is being constructed in violation of the permit inspector to and ordinance, and that the same must be immediately rectified to con- form with the building laws. If the owner or owners, or his or their agent, neglects to comply with the said laws or fails to make correc- of permit tions, it shall be the further duty of the Inspector of Buildings to re- compliance. Notice by same. Revocation upon non- 242 MINNEAPOLIS BUILDING ORDINANCES. Written no- tice of revo- cation to be served on owner, etc.. and posted on property. Working after revo- cation a mis- demeanor. Penalty. No building to be raised or built upon in violation hereof. Deviations allowed. when. Height of buildings. How meas- ured. Depth and length of buildings. Private dwelling. defined. Apartment house. defined. Flat buildings. Hotel defined. BUILDING ORDINANCE. voke said permit, and notice thereof shall be immediately served upon the owner, agent, superintendent or contractor in charge of the work, and posted on the property. Said notice shall be in writing, signed by the Inspector of Buildings, and after such revocation of permit any contractor or workman performing any work in or about said struc- ture, building or premises, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) or upon failure to pay such fine may be imprisoned not exceeding ninety (90) days. SEC. 6. No building already erected or hereafter built, shall be raised or built upon in such manner that were such building wholly built or constructed after the passage of this ordinance, it would be in violation of any provision thereof. Where, however, good and substantial buildings shall be raised up, or increased in height one or two stories, the Inspector of Build- ings shall first carefully examine the same and such deviations from this ordinance may be allowed as in his judgment may be considered practicable, considering the strength and solidity of the walls already built. And in no case shall any deviation be allowed which will be likely to detract from the safety of such buildings when so raised or built upon. PART 3. Definitions. SEC. 7. The height of buildings shall be measured from the curb level at the center of the front of the building to the top of the highest point of the roof, in the case of flat roofs; and for pitched roofs one- half the height of the highest gable shall be taken as the highest point of the building. When walls of a structure do not adjoin the street, then the aver- age level of the ground adjoining the walls of the building may be taken instead of the street curb-level in measuring the height of such building. SEC. 8. For the purpose of this ordinance, the greatest linear di- mension of any building in its depth shall be considered its length and the next greatest linear dimension its width. SEC. 9. Private dwellings shall be taken to mean and include all buildings which shall be intended or designed for, or used as a home or residence, but no part of which structure is used as a store or for any business purpose. - SEC. 10. An apartment house shall be taken to mean and in- clude every building which shall be intended and designed for, or used as, the home or residence of three or more families or households, living independently of each other. Provided that buildings, the first floor of which are used as stores and the upper floors for sleeping rooms, shall be considered as apart- ment houses. " The above definition also applies to flat buildings. SEC. II. A hotel shall be taken to mean and include every build- ing or part thereof, intended, designed for, or used for supplying food and shelter to residents or guests, and having a general public dining room or a cafe, or both. * S MINNEAPOLIS BUILDING ORDINANCES. 243 BUII DING ORDINANCE. house SEC. 12. A lodging house shall be taken to mean and include Lodging every building intended, designed for, or used for providing and let- defined. ting lodgings, but in connection with which no public dining-room or cafe is maintained. SEC. 13. An office building shall be taken to mean and include Office building every building which shall be divided into rooms above the first floor, defined. and be intended and used for business purposes. SEC. 14. A warehouse shall be taken to mean every building warehouse, used for the storage of merchandise. defined. SEC. 15. A factory building shall be taken to mean every build- ing in which goods, wares, merchandise and articles of general and special utility are manufactured by machinery. SEC. 16. A public building shall be taken to mean every build- Public ing used as a place of assemblage or a place of public resort. building, defined. SEC. 17. A frame building shall be taken to mean a building or structure the exterior walls of which are constructed of wood, or veneered with brick or stone. wall. SEC. 18. The term "Division Wall," as used in this ordinance, Division shall apply to floor bearing walls extending through buildings or blocks owned by the same party. SEC. 19. public alleys. The word "Streets" shall mean all streets, avenues and Streets. PART 4. Quality of Materials. SEC. 22. Brick used in all buildings shall be good, hard, well- burned, solid or hollow brick. When old brick or stone are used, they shall be thoroughly cleaned before being used, and shall be whole, good, hard, well-burned brick, or clean and sound quarried stone, and equal in quality to new brick and stone. Factory building, defined. defined. SEC. 20. The word "Basement" shall mean a story whose floor Basement, is three feet or more below the sidewalk, and whose height does not exceed eleven (11) feet in the clear; all such stories that exceed eleven feet in height shall be considered as first stories. SEC. 21. A veneered building shall be taken to mean a building or structure constructed of wood, and the exterior walls of which are sheathed with boards and covered with at least four inches of brick or stone work. Frame building. defined. SEC. 25. Cement mortar shall be made of cement and sand in the proportions of one part of cement and not more than three parts of sand, and shall be used immediately after being mixed. The cement and sand are to be measured and thoroughly mixed before adding water. Cement must be finely ground and free from lumps." Veneered building, defined. old brick, when and how used. Brick, character of. → SEC. 23. The sand used for mortar in all buildings shall be clean, Sand, kind sharp, grit sand, free from loam or dirt. to be used. SEC. 24. Lime mortar shall be made of one part slacked lime Lime mor- and not more than four parts of sand. tar, how made. All lime used for mortar shall be thoroughly burned, of good quality, and properly slacked before it is mixed with the sand. Lime for mortar. Cement. Cement mor- tar, how made. 244 MINNEAPOLIS BUILDING ORDINANCES. Portland cement, quality of, required. Other cements, quality of required. Cement and lime mortar, how made. Concrete for foundations, how made. Timbers and wood beams to be sound, etc. Wrought iron, quali- ties of. Tensile strength. Rolled structural steel. Tensile strength. Cast iron how made. Qualities of. Tensile strength. Brick work, safe bear- ing load. Rubble stone work, safe bearing load. Word "ton" defined. BUILDING ORDINANCE. Portland cement shall, when tested neat, after one day set in air, be capable of sustaining without rupture a tensile strain of at least one hundred and twenty pounds per square inch, and after one day in air and six days in water, be capable of sustaining without rupture a tensile strain of four hundred pounds per square inch. Cements other than Portland shall, when tested neat after one day set in air, be capable of sustaining without rupture a tensile strain of eighty pounds per square inch, and after one day in air and six days. in water, be capable of sustaining without rupture a tensile strain of at least one hundred and twenty pounds per square inch. SEC. 26. Cement and lime mortar shall be made of one part of slacked lime, one part of cement, and not more than three parts of sand. SEC. 27. Concrete for foundations shall be made of at least one part of cement, three parts of sand, and five of broken stone of such size as to pass through a two and one-half inch ring; or good, clean gravel may be used in the same proportion and size as the broken stone. The cement, sand and stone or gravel shall be measured. All concrete, when in place, shall be properly rammed and allowed to set without be- ing disturbed. SEC. 28. All timbers and wood beams used in any building shall be of good sound material, free from rot, large or loose knots, shakes or imperfections, whereby the strength may be impaired, and of such size and dimensions as the purposes for which the building is intended require. SEC. 29. All wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have an ultimate tensile resistance of not less than forty-eight thousand pounds per square inch. SEC. 30. All rolled structural steel shall have an ultimate ten- sile strength of not less than fifty-four thousand pounds per square inch. SEC. 31. Cast iron shall be made of good foundry mixture, pro- ducing a clean, tough, gray iron. Sample bars, five feet long, one inch square, cast in sand molds and placed on supports four feet six inches apart, shall bear a center load of five hundred pounds before breaking. Castings shall be free from serious blow-holes, cinder- spots and cold-shuts. Ultimate tensile strength shall not be less than sixteen thousand pounds per square inch when tested when tested in small specimens. PART 5. Calculation, Strength of Materials. SEC. 32. The safe bearing load to apply to good brick work shall be taken at eight tons per square foot when lime mortar is used; eleven and one-half tons per square foot when lime and cement mortar mixed is used; fifteen tons per square foot when cement mortar is used. The safe bearing load to apply to rubble stone work shall be taken at twelve tons per square foot when Portland cement is used. When cement other than Portland is used, nine tons per square foot; when lime and cement mortar mixed is used, eight tons per square foot; and when lime mortar is used, six tons per square foot. The word "Ton,” ¡ MINNEAPOLIS BUILDING ORDINANCES. 245 BUILDING ORDINANCE. wherever used in this ordinance, shall be construed to mean a ton of two thousand pounds. The safe bearing load to apply to concrete when Portland cement is used shall be taken at fifteen tons per square foot; when cement other than Portland is used, eight tons per square foot. SEC. 33. The dimensions of each piece or combination of mate- rials required shall be ascertained by computation, according to the rules prescribed by this ordinance. Sec. 34. Where the unit stress for any material is not prescribed in this ordinance, the relation of allowable unit stress to ultimate strength shall be as one to four for metals subjected to tension or transverse stress; as one to six for timber, and as one to ten for natural or artificial stones and brick or stone masonry. But, wherever work- ing stresses are prescribed in this ordinance, varying the factors of stress safety herein above given, the said working stresses shall be used. Working prescribed to be used. Tests of SEC. 35. Structural materials and soils, of whatever nature, shall be subjected to such tests to determine their character and quality as the Inspector of Buildings shall direct; the tests shall be made under the supervision of said Inspector, or the architect or owner may file with him a certified copy of the results of tests, such as he may have prescribed, which have been made. SEC. 36. Cast iron, subject to crushing strains only, as in bear- ing plates, may be loaded to the extent of fifteen thousand pounds per square inch. Cast iron columns, both round and rectangular, shall be propor- tioned in accordance with the following formula: For round- P S equals 13,330 A divided by For rectangular— S equals 13,330 A divided by { I plus I plus L2 400 D2 L2 500 D2 S equals safe load in pounds. A equals sectional area of column in square inches. L equals length of column in inches. D equals diameter or least side, of column in inches. Concrete. ing load. safe bear- SEC. 38. Plate girders shall be designed and constructed to be of strengths at least equal to those developed by the following formula: Dimensions nations, how and combi- ascertained. Unit stress when not prescribed. structural materials, etc. Under su- pervision of inspector. Cast iron, loading. extent of Cast iron columns, how pro- portioned. thickness. The minimum thickness of cast iron columns shall not be less Minimum than three-fourths of an inch. And no cast iron column shall exceed in height thirty times its least horizontal dimension without having lateral support. Height of column allowed. Columns to The Inspector of Buildings may require columns to be drilled whenever any doubt exists as to the thickness of the metal in same. SEC. 37. All girders, beams, corbels, brackets and trusses, all made of steel, shall be so proportioned that the maximum fiber stress ers, beams, shall not exceed sixteen thousand pounds per square inch, or when made of iron, not to exceed twelve thousand pounds per square inch, when re- quired. Steel gird- etc., how proportioned. Iron girders. Plate gird- Strength of. 246 MINNEAPOLIS BUILDING ORDINANCES. Wrought iron col- umns, maxi- mum load. No unsup-- ported lengths. when. ✓ Gas or steam pipe columns, when used. How pre- pared. BUILDING ORDINANCE. Flange area equals— Maximum bending moment in foot-pounds. CD D equals distance between centers of gravity of flanges in feet. C equals 13,500 for steel; 10,000 for iron. Maximum shear Web area equals C C equals 10,000 for steel; 8,000 for iron. Maximum strains per square inch of rivet area (single shear) shall not exceed : For shop driven rivets For field driven rivets · • • 9,000 8,000 Maximum shearing strain in webs 7,000 Direct bearing .15,000 15,000 SEC. 39. The maximum load allowed upon riveted columns shall not exceed those determined by the following formula: For riveted or other forms of wrought iron columns more than ninety (90) R in length- L S equals 10,600-30— R For riveted or other forms of wrought iron columns less than ninety (90) R in length: S equals 8,000 S equals safe load in pounds per square inch. For riveted or other steel columns more than ninety (90) R in length: Steel, lbs. • Iron, lbs. 7,500 6,000 6,000 L S equals 17,100-57- R For riveted or other steel columns less than ninety (90) R in length: S equals 12,000. S equals safe load in pounds per square inch. L equals length of column in inches. R equals least radius of gyration of column in inches. No wrought iron or rolled steel columns shall have an unsup- ported length of more than forty times its least lateral dimension or diameter, nor shall its metal be less than one-fourth of an inch in thickness. SEC. 40. It shall be unlawful to use for columns standard gas or steam pipe of a greater length than fourteen (14) feet, or of a less external diameter than four (4) inches; and in no case shall standard gas or steam pipe be used to support brick walls, except to support the fronts of one-story brick buildings. In all cases where standard gas or steam pipe columns are used, the ends of columns shall be turned true and shall have iron or steel plates for bearings at top and bottom. MINNEAPOLIS BUILDING ORDINANCES. 247 stresses. SEC. 41. The safe carrying capacity of the various materials of Working construction (except in case of columns) shall be determined by sub- stantially the following working stresses in pounds per square inch of sectional area: COMPRESSION (DIRECT). Rolled steel Cast steel BUILDING ORDINANCE. • Wrought iron Cast iron (in short blocks). D • · 18,000 lbs. Steel pins and rivets (bearing) Wrought iron pins and rivets (bearing). . . . 15,000 lbs. Concrete (Portland) cement, 1; sand, 2; stone, 4 Concrete (Portland) 230 lbs. cement, I; sand, 2; Ι 208 lbs. stone, 5..... Concrete (Rosendale or equal) cement, I ; sand, 2; stone, 4. Concrete (Rosendale or equal) cement, I; 125 lbs. sand, 2; stone, 5... III lbs. Rubble stone work in Portland cement mortar, 140 lbs. Rubble stone work in Rosendale cement mortar, III lbs. Rubble stone work in lime and cement mortar, 97 lbs. Rubble stone work in lime mortar, 70 lbs. Brick work in Portland cement mortar, cement I, sand 3, 250 lbs. Brick work in Rosendale or equal cement mortar; cement I, sand 3, 208 lbs. Brick work in lime and cement mortar; cement 1, lime 1, sand 3, 160 lbs. ་ · · 16,000 lbs. .16,000 lbs. 12,000 lbs. 16,000 lbs. · • Brick work in lime mortar; lime 1, sand 4, III lbs. Granites (according to test), 1,000 to 2,000 lbs. Limestones (according to test) 700 to 2,300 lbs. Marbles (according to test), 600 to 1,200 lbs. Sandstones (according to test), 400 to 1,600 lbs. Brick (flat-wise). 100 to 300 lbs. TENSION (DIrect). Rolled steel Cast steel Wrought iron Cast iron Yellow pine, Washington and Oregon fir. White pine 800 lbs. 1,000 lbs. Spruce Oak SEC. 42. In connecting rolled beams with each other and with girders, such connections shall hereafter be in conformity with the practice of the Carnegie, Trenton, Phoenix, Pencoyd or other first- class rolling mills, as published in their standard books. SEC. 43. When wooden pillars are used, the maximum loads to which they are to be subjected shall not exceed those determined by the following formula: S representing the maximum loads as in- tended to be fixed by this ordinance. • • • 16,000 lbs. 16,000 lbs. 12,000 lbs. 3,000 lbs. 1,200 lbs. 800 lbs. Rolled beams and girders. how con- nected. Wooden pil- lars. maxi- mum load. 248 MINNEAPOLIS BUILDING ORDINANCES. Girders and joists, maxi- mum loads. Formulae, what based upon. BUILDING ORDINANCE. For wooden pillars where the length is less than twelve times the least thickness: A C S equals 5 S equals safe load. A equals sectional area of the post in square inches. C equals, for Yellow pine, or for Oregon or Washington fir..... 5,000 Oak, white . 4,000 Spruce Pine, Norway 4,000 · 3,800 Pine, white 3,500 Hemlock 3,000 For wooden pillars where the length is more than twelve times. the least thickness: · • · · • • L S equals X-Y B S equals safe load in pounds per square inch. L equals length of post in inches. B equals breadth of least side of rectangular post, or diameter of round post in inches. X equals 1,000 and Y equals 10, for yellow pine, Washington and Oregon fir. X equals 750 and Y equals 7.5, for oak and Norway pine. X equals 625 and Y equals 6, for white pine and hemlock. The ultimate loads to which timber used for girders or joists may be subjected shall not exceed those determined by the following formula, to-wit: CBD2 S equals L S equals safe load in pounds. B equals breadth of beam in inches. D equals depth of beam in inches. L equals length of beam in feet. C equals 200, for Washington fir; 150, for oak; 120, for white or Norway pine and hemlock. The contents given in all the foregoing formulae are based upon the use of material and workmanship of the best of their respective kinds. All the formulae herein given for determining the loads permitted upon girders or joists of any kind are for girders or joists supported at both ends and uniformly loaded over their entire length. The formulae for column loads are for columns concentrically loaded. The calculations for the allowances which must be made for other methods of loading shall be based upon the above formulae and con- stants, and the rules of the best engineering practice. MINNEAPOLIS BUILDING ORDINANCES. 249 BUILDING ORDINANCE. The safe working capacity for timber, the formulae for computing which is not laid down by this ordinance, shall be computed by the formulae as given in "The Architects' and Builders' Pocket Book," by F. E. Kidder, Edition of 1901. In calculations for wind bracing, the working stresses may be in- creased by fifty per cent. In buildings under one hundred feet in height, provided the height does not exceed four times the average width of base, the wind pressure may be disregarded. Working capacity of other timber, how com- puted. pressure. Sec. 44. All structures exposed to wind shall be designed to Wind resist a horizontal wind pressure of thirty pounds for every square foot of surface thus exposed, from the ground to the top of the same, including roof, in any direction. In no cases shall the over-turning moment due to wind pressure exceed seventy-five per cent of the moment of stability of the structure. when. In all structures exposed to wind, if the resisting moments of the Additional ordinary materials of construction, such as masonry partitions, floors bracing. and connections, are not sufficient to resist the moment of distortion due to wind pressure taken in any direction on any part of the struc- ture, additional bracing shall be introduced sufficient to make up the difference in the moments. Working stresses, in- crease of. wind pres- sure disre- garded. when. PART 6. Floor Loads and Temporary Supports. SEC. 45. The dead loads in all buildings shall consist of the ac- tual weight of walls, floors, roofs, partitions and all permanent con- struction. Floor loads. Dead loads, what con- sists of. The live or variable loads shall consist of all loads other than dead Live loads. loads. Every floor shall be of sufficient strength to bear safely the weights Strength to be imposed thereon in addition to the weight of the materials of of floors. which the floor is composed; if to be used as a dwelling house, tene- In dwelling ment house, apartment house, hospital, hotel or lodging house, each floor shall be of sufficient strength in all its parts to bear safely upon every square foot of its surface not less than fifty pounds; if to be used for office purposes, not less than seventy-five pounds upon every offices. square foot above the first floor, and for the latter floor one hundred and fifty pounds; if it is to be used as a school or as a place of instruc- Schools. tion, not less than one hundred pounds upon every square foot; if to be used for stable or carriage house purposes, not less than eighty- five pounds upon every square foot; if to be used as a place of public Public assemblage, not less than one hundred and twenty-five pounds upon every square foot; if to be used for ordinary stores, light manufac- turing and light storage, not less than one hundred pounds upon every square foot; if to be used as a store where heavy materials are to be kept or stored, warehouse, factory or other manufacturing or com- mercial purpose, not less than two hundred pounds upon every square assemblage. foot. Warehouses, etc. The strength of factory floors, intended to carry running machin- Factory ery, shall be increased above the minimum given in this section in pro- 250 MINNEAPOLIS BUILDING ORDINANCES. Roofs. Sidewalks over areas. Vertical supports. Reduction of live load, when. To what extent permitted. Load on floors to be distributed. Redistribu- tion, when. Strength of existing floors to be calculated. Estimate to be posted. Strength of floors to be ascertained and estimate posted be- fore occu- pancy. No greater load than estimate to be placed on any floor. Duty of owner or occupant to notify inspector. Temporary supports to be of suffi- cient strength. BUILDING ORDINANCE. portion to the degree of vibratory motion liable to be transmitted to the floor, as may be required by the Inspector of Buildings. The roofs of all buildings shall be proportioned to bear safely thirty pounds upon every square foot, measured horizontally, in addi- tion to the weight of the materials composing the same. For sidewalks over areas, the live loads shall be taken to be three hundred pounds upon every square foot, measured on a horizontal plane. Vertical supports shall be of sufficient strength to bear safely the weight of the portion of each and every floor depending upon it for support in addition to the weight required, as before stated, to be supported safely upon said portion of said floors. For the purpose of determining the carrying capacity of columns in dwellings, office buildings, stores, stables, public buildings and fac- tories, when over five stories in height, a reduction of the live loads shall be permissible as follows: For the roof and top floor, the full live loads shall be used; for each succeeding lower floor, it shall be permissible to reduce the live load by five (5) per cent until fifty (50) per cent of the live loads fixed by this section is reached, when such reduced loads shall be used for all remaining floors. SEC. 46. The weight placed on any of the floors of any building shall be safely distributed thereon. The Inspector of Buildings shall require the owner or occupant of any building, or any portion thereof, to re-distribute the load on any floor, or to lighten such load, where he deems it necessary. SEC. 47. In all warehouses, storehouses, factories, workshops and stores, where heavy materials are to be kept or stored, or machinery introduced, the weight that each floor will safely sustain upon each square foot thereof or upon each varying part of such floor, shall be estimated by the Inspector of Buildings; said estimate shall be placed in a conspicuous place in each story, or varying parts of each story, to which it relates. Before any building hereafter erected is occupied and used in whole or in part, for any of the purposes aforesaid, and before any building erected prior to the passage of this ordinance, but not at such time occupied for any of the aforesaid purposes, is occupied or used, in whole or in part, for any of said purposes, the weight that each floor will safely sustain upon each square foot thereof shall be ascer- tained and posted in a conspicuous place in each story or varying part of each story of the building to which it relates. No person shall place, or cause or permit to be placed, on any floor of any building, any great- er load than the safe load thereof, as correctly estimated and ascer- tained as herein provided, and it shall be the duty of the owner and of the occupant of any such building, before the same is loaded, to notify the Inspector of Buildings, in order that the strength of the floors of such building may be calculated before said floors are loaded. d SEC. 48. Every temporary support, placed under any structure, wall, girder or beam, during the erection, finishing, alteration or re- pairing of any building or structure, or any part thereof, shall be built of sufficient strength to safely carry the load to be placed thereon. MINNEAPOLIS BUILDING ORDINANCES. 251 BUILDING ORDINANCE. PART 7. Excavations and Foundations. to be SEC. 49. All excavations for buildings shall be properly guarded Excavations, and protected by the person, persons or corporations causing the same to be made, so as to prevent the same from becoming dangerous to life or limb, and shall be sheath-piled where it may be necessary to pre- vent the adjoining soil from caving in by reason of its own weight, or by reason of any load that may rest upon it. Any person excavating for or commencing any foundation for any building shall fully protect any adjoining land or buildings, or the walls thereof, so that it shall remain as stable as before the excavation was commenced. Foundations shall be proportioned to the actual loads they will have to carry in the completed and occupied building. Every building, except buildings erected on solid rock, shall have foundations of brick, stone, iron, steel or concrete, laid on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. Foundations, SEC. 50. Under no circumstances shall the foundation for any foundat building be built upon black soil. All such foundations shall be car- structed. ried down to sand, gravel, hard clay or rock, except as hereinafter mentioned where foundations are built upon piles. The Inspector of Buildings shall be notified of the time when test or initial piles will be driven, that he may be present in person. The tops of all piles in permanently wet earth shall be required to be cut off at least nine inches below footings, and concrete shall be rammed down in the inter-spaces between the heads of the piles to a depth and thickness of not less than six inches, and for one foot in width outside of the piles, and the piles properly sealed with nine inches of concrete on top. Provided, that if pile construction is used under water and ranging and capping timbers are laid on piles for foundations, they shall not be less than six inches thick, properly joined together and tops laid below low-water mark. To be sheath- piled, when. Where metal is incorporated in, or forms part of the whole of, a foundation, it shall be thoroughly protected from rust by paint, as- phaltum and concrete. Adjoining buildings to be provided. Piles, how driven. Piles intended to sustain a wall, pier or post shall be driven to a solid bearing if practicable to do so, and the number of such piles shall Number of. be sufficient to support the weight to be imposed thereon. No piles shall be used of less dimensions than five inches at the small end and ten Dimensions. inches for the butt for piles twenty feet or less in length; and twelve inches at the butt for piles more than twenty feet in length. No piles shall be weighted with a load exceeding fifty thousand pounds. When a pile is not driven to refusal, its safe sustaining power shall be de- termined by the following formula: Twice of the weight of the ham- mer in tons, multiplied by the height of the fall in feet, divided by the least penetration of the pile in inches plus one, under the last blow. How propor- Materials of, how laid. Maximum load. Sustaining power, how determined. be notified. Inspector to when. Top of piles. how cut off. Concrete. struction Pile con- under water. Thickness. etc. Protection of metals used in foundations. 252 MINNEAPOLIS BUILDING ORDINANCES. Walls of buildings, materials of. Component parts of. Inclosure walls. Piers and buttresses, materials of. Bearing walls, de- fined. Walls and piers, how bonded. How built. Brick to be wet, when. Isolated piers, how constructed. Brick piers, how built. Size of. Top to be level. Pressed brick fac- ing, how laid. Cap-stones, or iron plates, required. Height of. Of coursed stone. Thickness. External Thickness of walls for brick buildings. BUILDING ORDINANCE. PART 8. Walls, Piers and Partitions. SEC. 51. The walls of all buildings, other than veneered, frame or wood buildings, shall be constructed of stone, brick, Portland ce- ment, concrete, iron, steel or other hard incombustible material, and the several component parts of such buildings shall be as herein pro- vided. All buildings shall be inclosed on all sides with independent or party walls. SEC. 52. In all walls of the thickness, specified in this ordinance, the same amount of materials may be used in piers or buttresses. Bearing walls shall be taken to mean those walls on which the beams, girders or trusses rest. The walls and piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and shall be carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. All brick laid in non-freezing weather shall be well wet before being laid. All isolated piers shall be built of stone or good, hard, well- burned brick laid in cement mortar. SEC. 53. Brick piers shall be built of good, hard, well-burnt brick of a uniform size, laid in cement and sand mortar, with uniform joints. throughout facing and backing, and of sufficient size to carry safely the load, which they are intended to carry. The joints shall not ex- ceed three-eighths of an inch in thickness. One course of brick shall be laid over the whole surface of the pier and the joints slushed full of mortar before the next course shall be laid. The top of the pier when finished shall be level for the cap-stone, plate or other covering. In case piers are faced with pressed brick, they must be so laid as to have full bearing of mortar under the entire surface of each of the pressed bricks. The laying of pressed brick in piers merely with the joint around the outer edge of the brick shall be unlawful. Cap-stones not less than seven (7) inches in thickness, or iron plates, proportioned in either case to the weight to be carried, and of the full size of the pier, shall be set under all columns or girders bear- ing on said piers. Isolated piers shall not exceed in height ten times their least di- mension. Where walls or piers are built of coursed stones, with dressed level beds and vertical joints, the said walls or piers shall in no case be less than three-fourths of the thickness provided for brick work. pier. Plate re- In the case of an external brick pier, the plate may be reduced sufficiently in size to allow four inches of brick-work to intervene duced, when. between the edge of the plate and the face of the pier exposed to the weather. SEC. 54. The walls of all brick buildings not otherwise herein- after mentioned and provided for shall be of the thicknesses given im the following table: MINNEAPOLIS BUILDING ORDINANCES. 253 OUTSIDE PARTY AND DIVISION WALLS. One-Story Two-Story Three-Story Four-Story Five-Story Six-Story Seven-Story Eight-Story. Nine-Story Ten-Story Eleven-Story Twelve-Story. • • Two-Story Three-Story Four-Story Five-Story Six-Story • • One-Story Two-Story Three-Story Four-Story. · • · BRICK WALLS-BUSINESS AND DWELLING. Seven-Story Eight-Story. Nine-Story Ten-Story. Eleven-Story Twelve Story. • · • • Rubble Basement ∞ OC 1222 MO BUILDING ORDINANCE. 18 20 20 25 30 30 30 35 35 35 40 40 Rubble Basement. 18 Brick Basement 20 TT 26 24 12 16 16 20 24 24 24 28 28 28 32 1222 804 TIN 32 NN Brick Basement. 16 walls. Bearing walls over one hundred and fifty feet in length without Bearing cross-walls or buttresses shall have the walls four inches thicker when required by the Inspector of Buildings. (As amended April 14, 17, 1905, 31 C. P. 196.) SEC. 55. Buildings having the first story or the basement, or both, designed for business purposes, and the upper stories for dwel- lings, shall have walls, if of brick work, of the following thicknesses: 16 1st Story. 2nd Story. 3rd Story. 4th Story. 5th Story. 12 12 12 12 20 16 12 23 • 12 12 12 16 12 12 16 16 12 12 2016 | 16 12 12 16 16 20 | 20 | 16 20 | 20 | 20 16: 16 16.12 12 24 20 20 | 20 | 16 | 16 16 12 24 | 24 | 20 | 20 | 2016 | 16 | 16 24 | 24 | 24 | 20 | 20 | 20 | 16 | 16 16 12 2824 24 | 24 | 20 | 20 | 20 | 16 | 16 | 16 | 12 28 28 24 | 24 | 24 | 20 | 20 2016 16 16 12 1st Story. 2nd Story. 3rd Story. FLAT BUILDINGS. 6th Story. 4th Story. • BRICK W&lls for DwellingS AND APARTMENT AND 12 12 12 12 24 20 16 16 12 12 12 24 30 12 20 20 16 16 12 12 12 24 20 20 16 16 12 12 30 24 24 20 2016 16 12 12 12 30 24 24 20 20 20 16 16 12 12 28 24 24 20 20 20 16 16 12 36 36 40 7th Story. 8th Story. 9th Story. • Rubble Easement. Jak band • • 18 18 12 12 12 28 24 24 24 | 20 | 2016 | 16 | 16 12 12 32 28 24 24 24 20 20 16 16 16 16 12 18 • 5th Story. 6th Story. 7th Story. 8th Story. 10th Story. 9th Story. 11th Story. 12th Story. · • Brick Basement. The above table shall apply to all walls of sixty feet and under in length; walls exceeding sixty feet in length shall not have more than two upper stories twelve (12) inches thick. SEC. 56. Dwellings and apartment and flat buildings shall walls, if of brick work, of the following thicknesses: 12 00 00 00 ——— 2656 gd med med p 2226 • • 1st Story. 10th Story. 11th Story. 12th Story. 12 16 12 16 12 · - - NN. 12 12 12 12 2nd Story. 3rd Story. 4th Story. 12 12 have Dwellings, 20 16 16 12 12 12 Buildings for business and dwel- lings, thick- ness of walls. apartment and flat buildings. Brick walls, thickness of. The above table shall apply to all walls sixty (60) feet and under Table, when in length; when over sixty feet in length such walls shall not have applicable. 254 MINNEAPOLIS BUILDING ORDINANCES. Division walls. more than two upper stories twelve inches thick, unless strengthened by cross walls or pilasters. SEC. 57. The thickness, for each story and basement, of all brick division walls in dwellings and apartment and flat buildings shall Thickness of not be less than twelve (12) inches in buildings one, two or three stories in height. In all such buildings four stories in height, the thickness of such division walls shall not be less than sixteen (16) inches in basement and twelve (12) inches for each of the four stories above, the walls of the first story, to be laid up in cement mortar. SEC. 58. No person or persons shall hereafter construct any wooden, frame, or brick or stone veneered apartment or flat buildings more than two stories in height, and no living apartments or flats shall hereafter be constructed or fitted up above the second floor of any of the buildings in this section above specified. The terms "living apartments" and "flats" shall for the purpose of this Section of this "Flats," etc.. ordinance be construed to mean and include any room or rooms, or ar- defined. Wooden flat buildings more than two stories high not to be built. No flats, etc., above 2nd floor. Brick-divi- sion walls required, when. Flat build- ings, etc.. over two stories high. Outside walls. So Brick divi- sion walls. Veneered buildings, height of. Brick base- ment walls, how laid. BUILDING ORDINANCE. Tables ap- plied to ex- terior and interior walls. rangement or grouping of rooms designed for use as the home or resi- dence of a family or group of persons living independently of those on other floors of the same building. (As amended May 18, 1904— 30 C. P. 265; April 14. 17, 1905, 31 C. P. 196.) SEC. 59. If the ground area of any two-story apartment or flat building hereafter constructed exceeds 4.500 superficial feet in area, then there shall be constructed division walls of brick, stone or other incombustible material, extending from front to rear and built from basement to roof of such building. Provided, that in all buildings covered by this section the street frontage shall not exceed fifty-five (55) feet without a division wall constructed from front to rear of such building and constructed of such materials as above provided for division walls. (As amended April 14, 17, 1905, 31 C. P. 197.) It shall be unlawful to construct any brick or stone veneered building, for any purpose, over two and one-half stories in height. SEC. 60. All basement walls built of brick shall be laid in ce- ment mortar. If solid buttresses, or if iron or steel pillars, not over eighteen feet between centers, with sufficient strength to carry trusses or girders, are used, then the thickness of the walls may be reduced Thickness of four inches, provided, however, that no brick wall shall be less than twelve inches in thickness. All apartment or flat buildings hereafter constructed or erected within the City of Minneapolis that are over two stories in height shall have the outside walls constructed of brick, stone or other incombusti- ble material, and if the ground area of such buildings exceeds 4,500 superficial feet they shall have division walls of brick, stone or other incombustible material extending from front to rear and from base- ment to roof of such buildings. Provided, that in all buildings cov- ered by this section the street frontage shall not exceed fifty-five (55) feet without a division wall constructed from front to rear of such buildings and constructed of such materials as above provided for di- vision walls. The thickness of walls specified herein and set forth in the tables for the various buildings are intended to apply to all exterior enclosing MINNEAPOLIS BUILDING ORDINANCES. 255 BUILDING ORDINANCE. walls and all such interior walls as may be required for the support of floors and roofs. SEC. 61. All basement or foundation walls not resting on solid stone shall have footings to extend at least six inches on either side of wall and not less than eight inches in thickness, for buildings three (3) stories and over in height. This footing shall be of flag-stone or cement concrete, and in all cases shall be proportioned to the sus- taining value of the soil. SEC. 63. Whenever rubble walls are used in place of brick, they shall not be less than one-fourth thicker than the walls specified in the foregoing tables. Provided, however, that no rubble stone wall of a less thickness than eighteen inches shall be used. walls. SEC. 62. Curtain walls may be less in thickness than the stand- Curtain ard thickness (see tables in Sections 54, 55 and 56) but no curtain walls shall be less than twelve inches thick, except in tenement and apartment and flat buildings, where they may be eight inches thick. Thickness of. SEC. 64. In all buildings over fifty feet in width, not having either brick partition walls or girders supported by columns extend- ing from front to rear of such buildings, the external walls shall be increased four inches in thickness for every additional fifty feet or fraction thereof in the width of such buildings. SEC. 65. Where there is a flat, hip or pitched roof, the party wall shall be carried up to a height of not less than two feet above the roof covering at every part of said roof, and shall be corbeled at least twelve inches or to the outer edge of all projections on the front and rear walls of the building. SEC. 66. Recesses may be made in external walls, provided the thickness of the backs of such recesses be not less than eight inches. SEC. 67. Whenever it becomes desirable to cut an opening through or leave an opening in any party or division wall, notice shall be filed with the Inspector of Buildings, who shall, when satisfied that such opening will be protected by a fire-proof door or doors, issue a permit therefor. SEC. 68. Hollow walls may be built, but all such walls shall be tied together with incombustible anchors placed not more than three feet apart. If used as bearing walls, the thickness shall be reckoned by their solid parts unless either part is at least eight inches thick and solid vertical connections are made not less than twelve inches wide nor more than eight feet apart from centers, in which case two-thirds of the hollow space shall be counted with the solid parts. walls re- Footings for foundati quired. Size of. Rubble walls. when. ¼ thicker, Minimum thickness. over 50 feet Buildings wide. Thickness of walls.. Party wall feet above to be two roof. To be cor- beled. Recesses in walls. Openings in walls. Notice to inspector. Permit. how tied Hollow walls, together. Thickness. used, when. SEC. 69. Hard burned hollow brick may be used for the inside Hollow brick course of walls for buildings, when well bonded into the solid brick walls, and may be included in the measurement of the thickness of such walls. Provided, however, that the strength of the walls so built shall be Wall to be sufficient to properly support the dead and live loads they may have to sustain. of sufficient strength. SEC. 70. Exterior walls faced with stone shall have a backing Exterior of not less than eight inches of hard brick-work laid in mortar. walls faced with stone. 256 MINNEAPOLIS BUILDING ORDINANCES. Brick work backing re- quired, thickness of. • Stone facing to be tied to backing. Stone cor- nice, how placed. Brick walls. Heading course. Flemish headers. Diagonal headers. Kind of. Metal bonds. when and how used. Ashler facing. Thickness of backing. How tied to backing. Backing when facing is less than four inches thick. Construction of wall on wooden girders, etc., unlawful. All wall supports to be of iron, etc. No timber to be used in wall, when. Party walls, where and how an- chored, Wall anchors. BUILDING ORDINANCE. But in no case shall the thickness of stone and backing taken to- gether be less than the thickness required for a brick wall of the same. height. The stone facing of such walls shall always be securely tied to the brick backing by means of metal clamps. SEC. 71. In all cases where a wall is finished with a stone cor- nice, the greatest weight of material of such cornice shall be on the inside of the face of the wall, so that the cornice shall firmly balance upon the wall. SEC. 72. In every brick wall, every seventh course of brick shall be a Heading Course, except where walls are faced with face-brick, in which case every seventh course shall be bonded with Flemish Head- ers, or by cutting the course of face-brick and by putting in diagonal headers behind the same. All heading courses shall be of good, hard, perfect brick. Provided, however, that if the face brick are of such shape and size that it is not practicable to bond them as above required, then a metal bond may be used, of a make, size and pattern approved by the Inspector of Buildings, such metal bonds to be put in at least in every fifth (5th) course, one (1) bond to each face brick in said fifth course, and closer when required by the Inspector of Buildings. (Added April 14, 17, 1905, 31 C. P. 197.) SEC. 73. In all walls which are faced with thin Ashler anchored to the backing, or in which the Ashler has not alternate headers and stretchers in each course, or alternately heading and stretching courses, the backing of brick shall not be less than twelve inches thick. Each stone of each Ashler work shall be securely tied to the back- ing by one or more suitable metal anchors. The backing of all walls, of whatever material it may be com- posed shall be of such thickness as to make all walls, the facing of which is less than four inches thick, conform as to thickness, inde- pendent of the facing, with the requirements of this ordinance. SEC. 74. It shall be unlawful to erect, construct or build any rear, front, party, division or partition wall upon wooden girders, rafters or lintels, or to support any such wall by any wooden support whatever. But all such supports shall be of iron, brick or stone, and shall rest on sufficient stone or metal templates. SEC. 75. No timber shall be used in any wall of any building where stone, brick or iron is commonly used, except arch-forms for interior arched openings; arch-forms not to rest on wall exceeding two inches. SEC. 76. The end and side of party walls shall be anchored at each tier of beams or joists at intervals of not more than ten feet with good strong wrought iron anchors at least three-eighths by one and one-half inches, well built into the walls and fastened to the beams; and where the beams are supported by girders, the ends of the beams resting on the girders shall be butted together end to end and strapped by wrought iron straps or tie irons at the same distance apart and in the same beams as the wall-anchors, and shall be well fastened. All wall-anchors shall run within four inches of the opposite side of the wall, where they do not run through the wall. MINNEAPOLIS BUILDING ORDINANCES. 257 BUILDING ORDINANCE. SEC. 77. The amount of materials for external walls may be Piers and used in piers or buttresses, provided the external walls between said piers or buttresses shall in no case be less than twelve inches thick. buttresses. Materials SEC. 78. Iron, steel, or wooden girders supported on iron, steel, or wooden columns, brick or stone piers, may be substituted in place of partition walls, except where otherwise specified in this ordinance, and shall be made of sufficient strength to bear safely the weight which they are intended to support and shall have footings sufficient to properly support said columns of piers. SEC. 79. The outside walls of rooms or buildings having trussed roofs or ceilings, if more than fifteen (15) and less than twenty-five (25) feet high, shall average at least sixteen (16) inches; if over twenty-five (25) feet high, at least twenty (20) inches; if over forty- five (45) feet high, at least twenty-four (24) inches in thickness ex- clusive of gables. Increase in thickness, An increase of four inches in thickness shall be made in all cases where the walls are over one hundred feet in length, unless there are when. cross-walls of equal height. If solid buttresses are employed, with a sectional area of three hundred or more square inches, placed less than eighteen feet apart, and extended to or nearly to the top of walls, four inches may be de- ducted from the thickness of any wall having such buttresses. Kind of All such brick walls and buttresses shall be of merchantable, well shaped brick, well laid and bedded, with well filled joints of lime or brick cement mortar, and well flushed up at every course with mortar. required. SEC. 80. In the construction of any building, no wall shall be carried to a greater height than two stories above any other wall of the same building. All walls shall be securely braced during the process of construction. SEC. 81. Floor beams or joists shall have a bearing of at least three inches at each end. The butts or ends of all floor beams and rafters entering a brick. wall shall be cut on a splay of three inches in their width. SEC. 82. Every trimmer or header more than four feet long, used in floors of any buildings, except in dwellings, shall be hung in stirrup irons of suitable strength for the weight to be supported. SEC. 83. All main partitions supporting in any manner the floor beams or rafters shall be placed directly over each other, and shall rest on a wall, girder or hard pine capping, and shall be head and foot against each other as far as practicable. SEC. 84. Roof or floor timbers entering the same wall from op- posite sides shall have at least four inches solid brick work between the ends of said timbers. SEC. 85. Under the ends of iron or steel girders, resting in walls, a stone template shall be built into the wall not less in width than four inches less than the thickness of said wall, and not in any case less than six inches in thickness and eighteen inches long. Iron wall plates not less than one inch in thickness may be used in place of such templates. SEC. 86. All wooden girders shall extend not less than eight inches onto or into any wall. for. or wooden Iron. steel girders, sub- stituted for walls, when. Trussed roofs. porting, how Walls sup- thick. Decrease in when. thickness, Height of another construction wall, in of building. Walls to be braced. Floor beams or joists. Trimmers and headers hung in stirrups. Partitions directly over each other, when. and Roof timbers not to go through wall. girders to Iron or steel rest on emplates. Iron wall plates. Wooden girders eight inches in wall, when. : 258 MINNEAPOLIS BUILDING ORDINANCES. Floor tim- bers not to enter chimney wall. Furred walls or chimneys. Scantling partitions not to sup- port floors, when. Cut-offs in partitions. Brick and hollow tile partitions. Existing party walls. May be used, when. Lining ex- isting walls. SEC. 92. All rubble masonry work shall be thoroughly bonded ble masonry. with three-quarter or full bond. Binding of walls, rub- Ledges will be permitted to support joists or beams, but shall be of sufficient strength to carry the load imposed thereon. Increase in height of. How done. Anchors, BUILDING ORDINANCE. Linings in basement. SEC. 87. least one inch All floor beams, joists and headers shall be kept at clear of any wall enclosing a fire-flue or chimney-breast. SEC. 88. In walls or chimneys furred with wood, two courses of the brick work between the ends and opposite the wood beams or joists shall project the thickness of the furring beyond the inner face of the wall. SEC. 89. Scantling partitions shall not be employed to support any floor or roof, except in dwellings and one-story store buildings. SEC. 90. Any school building, church or other building con- taining an assembly-room, or any stone or brick building hereafter erected, in which wooden furrings or partitions shall be used, shall have, at the bottom of such furrings and partition timbers in each story, cut-offs of slow burning materials put in in such a manner as shall be approved by the Inspector of Buildings. SEC. 91. Eight-inch brick and six-inch and four-inch hollow- tile partitions, or hard burnt clay, or porous terra-cotta, may be built not exceeding in their vertical portions a measurement of twenty- five (25), sixteen (16) and twelve (12) feet respectively, and in their horizontal measurement a length not exceeding seventy-five (75) feet, unless strengthened by proper cross-walls, piers or buttresses, or built in iron, or steel frame work. All such partitions shall be carried on proper foundations, or on iron or steel girders and columns, or piers of masonry. SEC. 94. In case it is desired to increase the height of exist- ing party walls or independent walls, which are less in thickness than required under this ordinance, the same shall be done by a lining of brick-work to form a combined thickness with the old wall of not less than four inches more than the thickness required for a new wall cor- responding with the total height of the wall when so increased in height. The said lining shall be supported on proper foundations. No lining Thickness of. shall be less than eight inches in thickness, and all lining shall be laid up in cement mortar and thoroughly anchored to the old brick walls with suitable wrought iron anchors placed two feet apart and properly fastened or driven into the walls in rows alternating vertically and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining is to be built against same. No wall shall be lined less than twelve (12) inches in basement. All linings in basement must project four inches beyond the lining in the first floor; or skeleton steel or iron construction may be used with posts and girders, supporting each story and carried up to full height of proposed building, resting on sufficient footings. SEC. 93. Walls heretofore built or used as party walls, whose thickness at the time of their erection was in accordance with the re- quirements of the then existing laws, but which are not in accordance with the requirements of this ordinance, may be used if in good con- dition for the ordinary use of party walls, providing the height of the same is not to be increased. MINNEAPOLIS BUILDING ORDINANCES. 259 BUILDING ORDINANCE. buildings. SEC. 95. No building hereafter erected in the City of Minneapolis Height of shall be more than one hundred and fifty (150) feet in height, from the sidewalk grade to the top of the front wall thereof. stories. SEC. 96. The height of stories for all given thicknesses of wall Height of must not exceed eleven feet in the clear for the basement, eighteen feet in the clear for the first story, fifteen feet in the clear for the second story, fourteen feet in the clear, average height of all stories above second story. If any story exceed these heights, respectively, the walls of such story, and of all the stories below the same, shall be increased four inches in thickness additional to the thickness already mentioned. SEC. 97. In all cases where the nature of the soil is damp or contains water, suitable provision shall be made to carry off all such dampness or moisture by means of drain-tiles laid inside or outside of the wall, or both. Such drain-tiles shall be connected with a catch-basin, or other suitable device, and thence discharged into a dry-well or sewer. PART 9. Chimneys, Flues, Etc. The inside of all brick flues shall be built of hard brick and shall either have struck joints or the flues plastered, except when lined with cast-iron or tile or where circular flues are built of brick with mortar lining. SEC. 98. In buildings hereafter erected, altered or repaired, all Chimneys. chimneys shall be built of brick, stone or other incombustible ma- terial. Brick chimneys shall have outside walls at least six inches Walls of thick, unless cast-iron or tile flue linings are used, in which case outside walls may be four inches thick. And no person shall con- struct, use or maintain any chimney or other conduit for smoke, ex- cept the same be built of brick or other fire-proof material, other than sheet iron, and approved by the Inspector of Buildings. Provided, Smoke pipes however, that this provision does not prohibit the use of sheet-iron smoke pipes leading from stoves or other heating apparatus to chim- ney. (As amended April 14, 17, 1905, 31 C. P. 197.) from stoves. In buildings only one story high, brick chimneys may have out- side walls four inches thick. Stone chimneys shall have walls not less than eight inches in thick- ness, including linings, and shall have linings four inches thick if of brick or linings may be of cast iron or tile. Sheet metal smoke flues inclosed in vent flues are prohibited. Increased wall, when. thickness of All chimneys shall be topped out at least three feet above the top of the roof at point of contact, if a flat roof, and at least two feet above the ridge of a pitched roof. Ground dampness. Drain tiles. All chimneys or smoke flues occurring in masonry walls shall have a wall eight inches thick at the back, and when corbeled out shall be supported by at least five courses of brick, and if supported by piers the same shall start from the foundation on the same face with the chimney above. All chimneys occurring in brick walls shall be bonded In brick to the walls at every fifth course from the bottom to the top in regular bond. walls. To be built of fire proof material. Chimneys, In one-story buildings. In masonry walls. Brick flues, inside con- struction. Stone chimneys. Certain flues prohibited. Height of chimneys above roof. 260 MINNEAPOLIS BUILDING ORDINANCES. Area of flues. Tin or sheet iron flues not allowed, when. Timber not to rest on chimney walls. Corbeled brick fire stops. Smoke flues, stacks and chimneys hereafter erected. Timber of any kind shall not rest on chimney walls, but in all cases framing timbers shall be kept at least one inch away from the outer face of chimney walls; provided that corbeled brick fire-stops shall be used between chimney and joists as in case of walls. All brick smoke flues, stacks or chimneys hereafter erected, except for dwelling houses, having a sectional area greater than two hundred and sixty (260) square inches, but less than five hundred (500) square inches, shall be surrounded with walls not less than eight inches in Thickness of thickness, and shall comply in all respects to the requirements of this walls, etc. ordinance relative to flues in brick walls. Hollow walls, when. Fire brick lining. Certain flues, stacks and chimneys to extend 12 feet above roof. Exceeding 500 square inches in area. height of. Flues in party walls. Chimneys in wooden buildings, supports of. Hot water and furnace pipes, dis- tance below ceiling. Smoke pipes, distance BUILDING ORDINANCE. No chimney flue shall be less than sixty-four (64) inches in area. when used as a smoke flue; provided that flues for use of gas stoves or gas grates may be of less dimension, and provided that in no case will tin or sheet iron pipe be allowed in wood partitions for gas stoves or gas grates. Furnaces set in brick, top of, how covered. Brick smoke-flues, chimneys or stacks having a sectional area greater than five hundred (500) square inches shall have hollow walls in which the combined thickness of the inclosing walls shall be at least twelve (12) inches and the air space between the inner and outer walls shall not be less than two (2) inches. For a distance of two feet below the smoke outlet, and at least ten feet above it, such flue, chimney or stack shall be lined with fire. bricks laid in fire-clay mortar, together with the opening for smoke. pipe. The tops of all smoke flues, chimneys or stacks which may here- after be erected exceeding a sectional area of one hundred and seventy (170) square inches, except for dwelling houses, shall extend to a height of not less than twelve (12) feet above the roof of the building. Where there are other buildings within a radius of fifty (50) feet, any smoke flue which exceeds five hundred (500) square inches in area shall be carried to a height sufficient to protect such build- ings from smoke and gases, or suitable and approved smoke consuming devices may be used to serve the same purposes. And no such chimney shall be built upon brackets. SEC. 100. In all cases where hot-water, steam, hot-air or other furnaces are used, the furnace pipe must be kept at least two (2) feet below the beams or ceilings above the same unless said beams or ceil- ings shall be properly protected by a shield or tin plate suspended above Covered with said smoke-pipe, with sufficient space for the free circulation of air above and below said shield, and where they are inclosed in wooden partitions shall be covered with asbestos. asbestos, when. All flues in party walls shall be kept at least two inches from the party line of said wall; except joint flues, which shall be separated by a four inch width of brick work the entire length. SEC. 99. Chimneys in wooden buildings, which chimneys are not built up from the ground, shall be supported by good and sufficient. planks or posts from the foundation. And the smoke-pipes shall in all cases be kept at least eight (8) from ceiling. inches from the beams or ceilings as aforesaid. SEC. IOI. The tops of all furnaces, set in brick, must be covered with brick, slate or tin plate, supported by iron bars, and so con- structed as to be perfectly tight. MINNEAPOLIS BUILDING ORDINANCES. 261 BUILDING ORDINANCE. Said covering to be in addition to, and not less than six (6) inches from the ordinary covering to the hot-air chamber. SEC. 102. The top of every portable furnace not set in brick shall be kept at least one (1) foot below the beams or ceilings, with a shield of metal, made tight and suspended below the said beams or ceilings, and extended one (1) foot beyond the top of the furnace on all sides. SEC. 103. All hot air registers from hot air furnaces, hereafter placed in the floor of any building, shall be set in iron borders not less than two (2) inches in width. There shall be an open space of one (1) inch on all sides of the register box, extending from the under side of the ceiling, below the register, to the border in the floor. The outside of said space to be covered with a casing of tin plate, made tight on all sides, to extend from the under side of the aforesaid ceiling up to and under said border. SEC: 104. Gas, water, steam or other pipes, which may be in- troduced into any building, other than dwelling houses, shall not be let into the beams unless the same be placed within twelve (12) inches of the end of the beam, nor be let into the beam more than two (2) inches. Metallic chimneys or smoke pipes shall not be used inside of any building in such manner as to pass through the floors or roof of the same unless properly protected. SEC. 107. Where metallic smoke pipes of a dimension of twelve (12) inches or less pass through a wood or plastered stud partition they shall be surrounded either by a body of brick, hollow tile, or porous terra-cotta, or other incombustible substance measuring at least four (4) inches all around such smoke-pipes. Or they shall be sur- rounded by a sheet metal thimble made of two concrete rings at least two (2) inches apart, and the entire thimble so constructed that there will be a free circulation of air between the two rings forming the same. Portable furnaces, distance of ceiling. top from Hot air registers, to set in iron borders. Open space required. SEC. 105. Hearths or fire places or grates shall be laid upon brick or stone arches, or upon bars of iron supporting a bed of brick- work. The backs of all fireplaces shall not be less than eight (8) inches Backs of thick. thickness. SEC. 106. Smoke stacks or chimneys built of iron or steel shall be thoroughly anchored or guyed, but shall not pass through the floors of a building unless protected by fire-proof walls entirely inclosing the stack or chimney. Where smoke stacks or chimneys of iron or steel pass through the roofs of boiler houses, the roofs shall be protected with a metal jacket. Outside space, how covered. and steam Gas, water pipes in other than dwelling houses. Hearths of fire places or grates. Metallic chimneys to be anchored, not to pass floors, when. Metal jacket through required, when. Not to be used, when. Protection required. Metallic smoke fues passing through wood or stud parti- plastered tions, how surrounded. Six (6) inch smoke-pipes may have thimbles with one (1) inch Thimbles. air space. Distance of metallic Metallic smoke flues of less diameter than twelve (12) inches, placed horizontally, shall be kept at least twelve (12) inches distant flues from from any woodwork, and immediately over and for a distance of one (1) foot on each side of such smoke-pipe, the woodwork must be cov- ered with sheet metal, porous terra-cotta, hollow-tile or plaster. woodwork. Woodwork to be cov- ered, how. 262 MINNEAPOLIS BUILDING ORDINANCES. 16 inches from wood- work, when. 2 feet from woodwork, when. Isolated smoke stacks. Foundations and super- structure. materials of. How con- structed. Width of. Load on. Double walls, when. How con- structed. Base. upper part. Top. how capped. Cleaning door and iron ladder required. Brick, qual- ity of, how laid. Wrought iron or steel stacks. Base plates. Iron rods in foundation, bracing every 50 feet in height, required. BUILDING ORDINANCE. Metallic smoke pipes of greater diameter than twelve (12) inches and of less area than six (6) square feet must be kept at least sixteen (16) inches away from any woodwork, and such woodwork must be protected as before specified for the smaller smoke-pipes, to a dis- tance of three (3) feet on each side of such smoke pipes. Whenever metallic smoke-pipes of larger area than six (6) square feet are used, they shall be kept at least two (2) feet distant from any woodwork, and such woodwork for a distance of at least four (4) feet on each side of such smoke-pipe shall be protected as before specified for smaller pipes. Every such chimney shall be provided with a cleaning door and an iron ladder either on the inside or outside of the chimney to the top of the same. All brick used to be best assorted sewer-brick laid in lime or cement mortar. All fire-brick shall be laid in fire-clay. All open- ings for breeching over three (3) feet in width shall be arched or Openings for guarded against crushing by the introduction of steel I-beams laid in breeching. the wall over the opening in such a manner as to prevent the fire strik- ing them. SEC. 108. Isolated smoke stacks for steam boilers, smelting fur- naces, and all others used for similar purposes, shall have founda- tions of brick, concrete or stone, and all of such smoke stacks above the foundation shall be built of brick, stone, terra-cotta, iron or steel. All foundations shall start from solid ground, and if not in solid rock, shall not be less than five feet deep and built up solid to at least one (1) foot above the ground, of either Portland cement, concrete, brick, or dimension stone. All such brick or stone foundations shall be laid in cement mortar; one (1) part of cement and three (3) parts of sand. Such foundations shall be six (6) inches more in width on each side for every foot in depth. The load on foundations, except on solid rock, shall not exceed two (2) tons per square foot. All such chim- neys, where the flues are heated to a high temperature, shall be built of double walls of suitable thickness for the temperature, with an air space between the walls. These walls must be bonded together by means of wing-walls on each side, to the height of the breeching. From there each wall must be built separate and not tied together. The inside four (4) inches of the flue shall be built of fire-brick to a height of fifteen (15) feet above the breeching and to commence two (2) feet below the breeching and bonded to the backing every seventh course. The lower part or base of the chimney may be built plumb to a height of thirty (30) feet and from there the upper part shall be built to a batter of at least three-tenths (3-10) of an inch to the foot. The top of such chimney shall be capped off with terra-cotta, stone or cast- iron. Wrought iron or steel stacks shall have iron or steel base-plates resting on foundations of brick, stone or concrete. Iron rods shall be built into the foundation for the purpose of fastening the stack, which shall be braced, at least every fifty (50) feet in height, from three (3) sides by means of steel wire ropes or rods of sufficient strength. Rolled iron or steel used in building such a stack shall be not less than three-sixteenths (3-16) of an inch thick. All such stacks con- MINNEAPOLIS BUILDING ORDINANCES. 263 BUILDING ORDINANCE. taining five thousand (5,000) square inches or over in area, shall be lined with fire-brick laid in fire-clay to a height of at least twenty- five (25) feet above the breeching. Fire brick lining to be used, when. The tops of such chimneys of smoke-stacks shall extend to a height of not less than twelve (12) feet above any roof within a radius of fifty (50) feet thereof, and if shavings or saw-dust is used as fuel, shall be covered on top with a heavy wire netting. SEC. 109. Iron cupola chimneys of foundries shall extend at least ten (10) feet above the highest point of any roof within a radius of fifty (50) feet of such cupola, and shall be covered on top with a heavy wire netting. No woodwork shall be placed within a radius of two (2) feet of the cupola. SEC. 110. No boiler to be used for steam or motive power shall be placed on any floor above the cellar floor unless the same is set on non-combustible beams and arches, or on an incombustible platform. SEC. III. Where stoves or ranges are set upon combustible Stoves and floors, except in dwelling houses, they shall be so set as to leave an air-space between them and the floor, and the floor shall be protected by sheet-metal. ranges, how set. Height of stacks. Top to be covered with wire netting, when. Boiler rooms shall be so arranged that all openings, between the said boiler rooms and other parts of the building, shall be protecteċi by iron or metal covered doors, which shall be securely closed at the end of each day. Chimneys of height of. cupolas, Wire netting required. No wood- work, where. Boilers. where and how placed. All brick set or large portable ranges shall be set on hearths of brick, slate or cement, the said hearths to extend at least twelve (12) inches beyond the face of the range. Not to be set No brick set portable range or heating apparatus of any kind shall against be set against a wood or lath and plaster partition. partition, when. To be set on when. hearths, No stove, range, or oven or heating apparatus shall be used in any hotel, theater, hospital, school, hall or other building, which is occupied by more than fifty (50) persons until the same shall be examined and approved by the Inspector of Buildings. SEC. 112. All receptacles for ashes within the fire limits shall be of incombustible material. etc. SEC. 113. All walls, ceilings and partitions, inclosing drying rooms, when not made of fire-proof material, shall be wire-lathed and plastered, or covered with metal, tile or other incombustible material. SEC. 114. Bake ovens shall rest on solid foundations or metal Bake ovens, beams and columns; the sides and ends shall be at least two (2) feet foundations, from any woodwork, and the crown of arch at least four (4) feet from placed. ceilings that have wood joists. The hearth in front of bake oven shall extend at least three and one-half beyond the face of said oven. where Not to be used in cer- tain build- ings until examined and ap- proved by inspector. Ash boxes. rooms, how Drying lathed and plastered, SEC. 115. All boiler rooms hereafter constructed in any building Boiler other than dwelling houses shall be protected with brick, iron, tile or other fire-proof material, and if the ceilings of such rooms are of wood construction they shall be protected in a manner approved by the Inspector of Buildings. rooms, how protected. off, when. Wherever in the judgment of the Inspector of Buildings it may be Partitioned necessary, in buildings already erected or which may hereafter be erected, boiler rooms shall be partitioned off in the basement or other floors on which they are located, said partitions to be constructed of Fire-proof fire-proof material. material. Openings to be protected. To be closed. when. 264 MINNEAPOLIS BUILDING ORDINANCES. Exceptions. Dangerous chimneys, etc. Inspector to notify owner to make same safe. Neglect to comply. Penalty. Stairs. Number of lines of stairs required. Stairways increased when. Width of stairways. Fire proof shaft, etc., required. Stationary ladders required. where. Entrance to basement. Staircases required, Number of. Stairs in apartment or flat build- ings, etc. BUILDING ORDINANCE. Provided, however, that this section shall not apply to fire-proof buildings. SEC. 116. If any chimney, flue, fire-place or heating apparatus on any premises in the City of Minneapolis shall, in the opinion of the Inspector of Buildings, be dangerous or unsafe by reason of en- dangering the premises by fire or otherwise, the Inspector of Buildings shall at once notify, in writing, the owner, agent or other party having an interest in said premises, and shall require him, them or any of them to make the same safe. And upon the neglect of said person or persons, so notified, to comply with the provisions of said notice, for a period of forty-eight (48) hours, after the service of said notice upon him or them, he or they shall be subject, upon conviction thereof, to a penalty of not less than ten (10) dollars, nor more than fifty (50) dollars for every day's continuance of such unsafe condition thereafter, or to imprisonment until such fine is paid, not exceeding sixty (60) days. PART IO. Stairs, Entrances and Exits. SEC. 117. In all buildings hereafter erected or altered for use as a store, factory, hotel or lodging house, excepting as herein otherwise, provided, covering a lot area exceeding five thousand (5,000) square feet, there shall be at least two (2) continuous lines of stairs remote from each other; and where any such building covers a lot area greater than seven thousand five hundred (7,500) square feet, the number of stairways shall be increased as the Inspector of Buildings shall deem necessary. Such stairways shall be at least four (4) feet in width, and wider when required by the Inspector of Buildings. In all such buildings covering a lot area greater than seven thousand five hundred (7,500) square feet, one (1) of said stairways shall be con- structed in a fire-proof shaft with fire-proof doors at each floor leading to such fire-proof stairway, said stairway to be constructed throughout of incombustible materials. (As amended April 14, 17, 1905, 31 C. P. 197.) SEC. 118. Every building in which boilers or machinery are placed in the cellar or lowest story, shall have stationary ladders or stairs leading direct from such story to man-hole above, on the side- walk, or other outside exit. SEC. 119. Whenever the basement or cellar of a building is here- after built or altered to be used for a sales-room or for manufacturing purposes, it shall have a staircase at least three (3) feet wide lead- ing direct to street or outside, for every five thousand (5,000) square feet of lot area, or part thereof, covered by the same; and shall have at least one continuous line of stairs for each five thousand (5,000) square feet of lot area, or part thereof, covered in excess of that required for five thousand (5,000) square feet of lot area. SEC. 120. Every apartment house, flat building, tenement house, and dwelling over two stories in height shall be provided with at least. two (2) distinct and separate staircases. MINNEAPOLIS BUILDING ORDINANCES. 265 BUILDING ORDINANCE. SEC. 121. School buildings, if more than one story in height and having more than three rooms above the first story, shall have at least two (2) separate and distinct stairways, as far remote from each other as practicable. SEC. 122. No winding or circular stairs shall be allowed in any Winding of the buildings treated in this part, except in dwelling houses. stairs prohibited, exception. Providing that no area or stairway shall project into the sidewalk upon streets having a sidewalk of a less width than ten (10) feet. PART II. Areas. area walls. SEC. 123. In all cases where area walls are to be constructed Permits for or openings in sidewalks for the admission of coal, or light, or for any other purpose are to be made, a permit shall first be obtained from the Inspector of Buildings. Such permit shall specify the details of the construction proposed to be used. areas. SEC. 124. No stairway or open area shall extend into the side- Stairway walk more than four and one-half (4%) feet on streets having walks eighteen (18) feet wide, or more than three and one-half (32) feet Extension on streets having walks less than eighteen (18) and more than ten sidewalk. (10) feet wide. into Stairs in buildings. school Provided, further, that all such stairways or open areas shall be Protection properly protected by smooth iron or brass railings. SEC. 127. The sidewalk in all cases shall be built entirely of incombustible materials supported by walls or steel I-beams of suf- ficient strength to support a safe load of at least three hundred (300) pounds per superficial foot exclusive of the weight of such sidewalk and its arches. at street corners. SEC. 125. Stairways extending into the sidewalk at street cor- Stairways ners must be rounded off so that they shall have a radius not exceed- ing the distance that said stairway projects into the sidewalk, meas- uring at right angles to the front or side of the building. SEC. 126. Any person desirous of utilizing the under side of the sidewalk in front of any building owned by him, shall construct a suf- ficent stone wall, not less than two (2) feet thick, to retain the roadway of the street, and shall extend the sides, division or party walls of such building under the sidewalk to such curb wall. SEC. 128. All sidewalk arches over six (6) feet on centers shall have crowns not less than one (1) inch to the foot and spandrels filled in with cement concrete to a level of two (2) inches above the arches. of. Use of sidewalk. street under Retaining wall, etc. I-beams to Sidewalks, be used. strength of. arches, how Sidewalk constructed. Arches be- tween The arches turned between the beams shall consist of not less than two courses of good hard burned brick set on edge and laid in cement, beams. with sufficient tie-rods. Brick. kind of. Openings in sidewalks. SEC. 129. Openings in sidewalks for any purpose shall be cov- ered with prismatic lights in iron frames, or iron covers or doors hav- how covered. ing a rough surface and set in iron frames rabbeted flush with the sidewalk. Hinges for such doors must be flush with sidewalk, and means Hinges. must be provided for locking such doors or covers in place. 266 MINNEAPOLIS BUILDING ORDINANCES, Į Outside stairways from side- walk prohibited. Dangerous and unsafe walls and buildings. Unsafe machinery. Notice to owner, agent or occupant to remove same, etc. Owner, etc., required to make same safe. Burned buildings. Dangerous walls. Notice to owner or agent to tear down or secure same. Refusal of owner or agent. Removal by Chief Engi- neer, when. Removal by contractor, when. Cost. Special assessment. Whenever the walls of a burned building appear to be in a dan- gerous condition, the Inspector of Buildings shall at once notify the Chief Engineer of the Fire Department and the City Engineer, and Examination they, together with the Inspector of Buildings, shall at once make an of same. examination of such walls, and if in their judgment it appears neces- sary to tear down or secure such walls, then after such determination by the above named City Officials the Inspector of Buildings shall at once notify the owner or agent of the property in writing to tear down or secure such walls within twelve (12) hours after the service of such notice. If the owner or agent of the property neglects or re- fuses, after being notified as herein provided, to tear down or secure such walls as ordered by the Inspector of Buildings, or if the Inspector of Buildings is unable to find any owner or authorized agent of the property within the City of Minneapolis, then he shall direct the Chief Engineer of the Fire Department to cause such walls to be torn down by the employes of the Fire Department, if practicable for them so to do. If the Chief Engineer of the Fire Department reports that it is impossible for his Department to put the walls in safe condition, then the Inspector of Buildings is hereby authorized to employ a con- tractor to tear down such walls or to put them in a safe condition. The cost of tearing down the walls, or of putting them in a safe con- dition, when done by a contractor employed by the Inspector of Build- ings, shall be paid by special assessment on the land on which the same stand, said assessment to be collected the same as special assessments made for other purposes under the Charter. (Added April 14, 17, 1905. 31 C. P. 197.) The Inspector of Buildings is hereby authorized and directed to unsafe walls notify all tenants of adjoining property that in his judgment might be Notice to tenants of and buildings. endangered by reason of the unsafe condition of any such walls or buildings, ordering them to vacate the premises until such walls or buildings shall have been put in a safe condition. (Added April 14, 17, 1905, 31 C. P. 197.) How collected. BUILDING ORDINANCE. SEC. 130. No person or persons shall construct or maintain a stairway leading from the sidewalk or street to any story of any build- ing above the floor of the first story. - PART 12. SEC. 131. Whenever any wall or other part of a burned build- ing is unsafe, or when any building or any part thereof shall be unsafe for the purpose for which it is intended or used, or whenever any machinery, material or staging used in or about the construction of any building is unsafe for the purpose for which it is intended or used, the Inspector of Buildings shall notify the owner, agent or oc- cupant of said building, in writing, specifying wherein such danger consists, and ordering such dangerous building or any part thereof, or any such machinery, material or staging, removed, taken down, repaired or altered as the Inspector of Buildings shall require. And thereupon the owner, agent or occupant so as aforesaid noti- fied by the Inspector of Buildings shall forthwith put such wall, build- ing, machinery, material or staging in a safe condition, or take down and remove the same. S MINNEAPOLIS BUILDING ORDINANCES. 267 BUILDING ORDINANCE. Any person violating any of the provisions of this Section, shall Penalty. upon conviction thereof be subject to a fine of not less than Twenty- five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or to imprisonment until such fine is paid, not exceeding ninety (90) days. The failure of any such owner, agent or occupant to comply with the provisions of this Section when notified, as herein above pro- vided, by the Inspector of Buildings so to do, shall constitute a separ- ate violation hereof for each and every day such violation shall con- tinue. PART 13. SEC. 134. Every tenement, apartment or flat building or dwell- ing hereafter erected in the City of Minneapolis, over four (4) stories in height above cellar or basement, shall be fireproof. cards. Unsafe of same. notice, penalty. SEC. 132. Whenever the Inspector of Buildings has knowledge Danger of any unsafe building, structure or part thereof, the conditions being such as to endanger the public, or the occupants of such building or buildings. structure, it shall be his duty to affix a NOTICE of the dangerous Inspector to character of the building or structure in a conspicuous place on the bost notice exterior thereof, and any person removing such NOTICE so affixed Removal of shall be subject, upon conviction thereof, to a fine of not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00), or to imprisonment until such fine is paid, not exceeding thirty (30) days. SEC. 133. Every contractor or other person in repairing or tearing down buildings, or in removing debris from any building, shall dampened, keep all such debris occasioned thereby thoroughly dampened with water so as to prevent the dust occasioned thereby from flying around in the neighborhood where such building is located. Debris to be when. SEC. 136. All wood beams shall be kept clear from all flues and chimneys, whether the same be smoke, air or other flues. comply. Failure to Each day a violation. SEC. 137. Foundation walls for all dwelling houses two (2) stories in height, if built of stone, shall be not less than eighteen (18) inches in thickness, and if built of brick or concrete, not less than sixteen (16) inches in thickness. Foundation walls for all dwelling houses under two (2) stories in height, if built of stone, shall not be less than sixteen (16) inches in thickness, and if built of brick or concrete, not less than twelve (12) inches in thickness. SEC. 135. Every tenement, apartment or flat building or dwell- ing over two (2) stories in height, shall be provided with at least two (2) distinct and separate stairways, one of which stairways may be erected on the outside walls if provided with proper railings and with platform at each floor. Partitions adjacent to how con- structed. Tenement, apartment and flat buildings and lodging houses more than two (2) stories high shall have the partitions adjacent to or stairways, inclosing stairways constructed of either brick or tile. Or stud parti- tions may be used, if the space between studs be filled with brick or terra-cotta nogging, or if metal lath be used on each side of studding. If metal lath be used, there shall be cut-offs of slow-burning materials at each floor. Tenement, apartment and flat buildings to be fire-proof. Stairways two or more. Woodwork to be clear of flues and chimneys. Foundation walls for houses, thickness. 268 MINNEAPOLIS BUILDING ORDINANCES. Wood structures, height of. Certain kinds of walls for dwellings. How con- structed. Concrete and cement blocks. Length of. Height of. Crushing strength of material. Use of building limited. Walls of solid brick work. Hollow con- crete blocks. Use of in buildings of 4 stories or less. How mixed. Percentage of hollow space. BUILDING ORDINANCE. SEC. 138. No building over four (4) stories in height, the out- side walls of which are constructed of wood, except grain elevators, shall hereafter be erected in the City of Minneapolis. SEC. 139. It shall be unlawful to construct dwelling houses in the City of Minneapolis with walls of concrete blocks, cement blocks, hollow brick or hollow hard tile, except under the following condi- tions: Walls built of concrete blocks, cement blocks, hollow brick or hol- low hard tile, shall not be less than six (6) inches wide and each wall so built shall be faced with four (4) inches of brick-work well bonded to the hollow bricks or blocks with No. 24 galvanized iron anchors one inch wide, the brick to be laid with full joints and the anchors to be put in every sixth (6th) course, one anchor to the brick. Walls ten (10) inches in width may, however, be built of con- crete or cement blocks without the above required brick facing, if all other requirements specified in this Section are complied with. No such walls shall be more than forty (40) feet in length without cross-walls, angles, piers or buttresses, nor more than two (2) stories in height, and the total height of such walls, from the foundation walls, shall not exceed twenty-two (22) feet. And provided, further, that hollow concrete building blocks, equal in their combined width to the thicknesses required for brick walls in Sections 54, 55, 56 and 57 of this ordirance for the various buildings designated therein, may be used for such buildings, four (4) stories or less in height, except as hereinbefore provided in this Section for Composition dwellings. Provided, however, that said blocks shall be composed of blocks. of at least one (1) part. of Portland cement, and not to exceed five (5) parts of clean, coarse, sharp sand; or a mixture of one (1) part of Portland cement, two (2) parts of clean, sharp sand, and three (3) parts of gravel or crushed rock of such size as to pass through a three-quarter (34) inch ring may be used. The materials composing such blocks shall be thoroughly mixed, a sufficient amount of clean water being used so that the water will rise to the surface when the concrete is tamped into the moulds. And pro- vided, further, that the hollow space in said blocks, when used in any wall, shall not exceed the percentage given in the following table, the figures given in the table representing the percentage of such hollow space: Provided, however, that all such material as above mentioned shall have sufficient effective safe crushing strength to safely sustain both its weight and the floor loads that may be transmitted to the walls; and provided, further, that no such building shall be erected for the ac- commodation of more than two (2) families or households. - And provided, further, that dwellings may be erected, not ex- ceeding the above dimensions, with walls constructed of eight (8) inches of solid brick-work, with solid headers through the wall every seventh (7th) course. ! MINNEAPOLIS BUILDING ORDINANCES. 269 First and Second Third and Fourth * BUILDING ORDINANCE. STORIES Basement. 33 25 1st Story. 33 32 25 2d Story. 33 2O CO 33 3d Story. 4th Story. 33 33 Wherever girders rest upon walls, the hollow space in the concrete blocks composing such walls shall be filled solid with concrete of the same material of which the blocks are composed for a distance of four (4) feet below said girders and of eighteen (18) inches on each side of said girders, or more if the Inspector of Buildings may deem necessary. use. All such blocks, before being used in the construction of any build- Age of blocks ing within the City of Minneapolis, shall have attained the age of at least three (3) weeks. Table. The cements used in making said blocks shall stand such tests as are provided for in the "Standard Specifications for Cement" of the American Society of Civil Engineers. Any and all blocks, samples of which on being tested under the direction of the Inspector of Build- ings fail to stand the tests required by this ordinance, shall be destroyed by the manufacturer or user of said blocks, under the supervision of the Inspector of Buildings, and no concrete blocks shall hereafter be used in the construction of any building within the City of Minne- apolis until they shall have been approved and accepted by the In- spector of Buildings. (As amended June 14, 1904, 30 C. P. 325; April 14, 17, 1905, 31 C. P. 197.) load. Provided, always, that no wall or any part thereof composed of Maximum hollow concrete blocks shall be loaded in excess of eight (8) tons per superficial foot of the solid area of such blocks, including the weight of the wall, and no blocks shall be used that will crush at less than seven hundred (700) pounds per square inch of solid area at the age of twenty-eight (28) days. PART 14. Miscellaneous. SEC. 140. The face of any wall, pilaster or column of any build- ing above the level of its main water-table shall not project beyond the building line, except as hereinafter provided. to be filled Hollow space with con- crete, when. Extent of filling. Piers and All piers and buttresses that support loads shall be of solid con- crete, or of solid concrete blocks. Whenever required by the Inspector to be built of Buildings, concrete lintels and sills shall be re-enforced by iron or steel rods, in a manner satisfactory to the Inspector of Buildings. of solid concrete. Lintels and inforced. Manufactur- The manufacturer and user of any such blocks as are mentioned sills, how re- in this Section, or either of them, shall at any and all times make such tests of the cements used in making such blocks, or of the completed blocks, or of any part of any building constructed of such blocks, or of each of these, at their own expense and under the supervision of the Inspector of Buildings, as the said Inspector shall require. of blocks to er and user make tests as required by inspector. Blocks not when. to be used. Cements to stand test. Blocks not standing destroyed. test to be No use of blocks before accepted by inspector. Buildings not to pro- ject beyond building line. 270 MINNEAPOLIS BUILDING ORDINANCES. 1 Window trimmings. Plinths and columns of porticos or entrances. Steps or stairs not to project into sidewalk. Bay and oriel win- dows. Not to pro- ject, when. Brackets, may project, when. Iron bars not to be driven into roadway. Posts for guy-lines, where set up. Size of, etc. Guy-ropes. Red lights. Walk around building ma- terial. Where laid. To be kept clear for nassage, SEC. 143. Any person having the use of any portion of the street or sidewalk, for the purpose of erecting or repairing any build- where placed ing, or for any other purpose, shall cause red lights to be placed in a When and conspicuous place in front of such obstruction, from dark until sun- rise, each night during the time such obstruction remains, in such numbers as may be necessary. How con- structed. Connection with side- walk. BUILDING ORDINANCE, Window trimmings may project four (4) inches over the street line. The plinths and columns of porticos or entrances to buildings may extend over the street line two (2) feet, and such porticos shall not be over one (1) story in height, nor less than six (6) feet from the ad- joining property line. Steps or stairs to any building shall not project into the sidewalk if such walk is less than twelve (12) feet in width. Bay and oriel windows shall not project over the street line more than three (3) feet and no such window shall be at a less distance than twelve (12) feet above the grade of the sidewalk, in business build- ings, and not less than eight (8) feet in dwelling houses. Provided, that no bay window shall be allowed within four (4) feet of any party line, or in any alley, and that no such bay window shall be allowed to project into any street which is fifty (50) feet or less in width. SEC. 141. Brackets projecting more than fourteen (14) inches shall be kept at least six (6) feet above the sidewalks. SEC. 142. Iron bars shall not be driven in the roadway of any street for the purpose of attaching guy-ropes or derricks. Posts may be set up on the side of the roadway, opposite any derrick, for the purpose of attaching guy-lines. Such posts shall not be less than eight (8) inches square, of sound timber sixteen (16) feet long, set at least four (4) feet into the ground. Guy-ropes attached to such posts shall be kept at least ten (10) feet above the surface of the street. SEC. 144. A sidewalk or passageway, at least four (4) feet wide, shall be kept in front of any building during the process of its construction, which temporary sidewalk shall extend from the side of the permanent sidewalk in front of each lot adjoining the sides of the lot on which such building is being erected. And such temporary sidewalk shall be laid out around the space to be used for the materials to be employed in the erection of such building, but shall be laid wholly within that part of the street which is so permitted to be used for such building materials. And such temporary sidewalk shall at all times be kept clear for the passage of persons over the same, except when materials are being handled over said sidewalk, and no person shall leave any material, tools, implements or machinery thereon. Said temporary sidewalk shall be constructed of two (2) inch plank laid lengthwise on good and sufficient sleepers laid three (3) feet apart. The respective ends of said temporary sidewalk shall be laid even with the sidewalk to which it is connected. MINNEAPOLIS BUILDING ORDINANCES. 271 BUILDING ORDINANCE. feet high. And there shall be a fence four (4) feet high, built from the line Fence four of the curb to the street line on both sides of any place where the sidewalk shall be removed or obstructed by such building operations. paved streets Such temporary sidewalk may be dispensed with on paved streets, No walk on but the approaches to the permanent sidewalk adjoining such building required. operations must be put down in all cases. occupy SEC. 145. No person shall occupy said street or the sidewalk Permit to for building operations without first having completed such sidewalk street. and fence and having obtained through the Inspector of Buildings the permission of the Mayor to so occupy said street or sidewalk. SEC. 146. Whenever any new building on the west side of the river, in the City of Minneapolis, in the territory bounded by Hen- nepin avenue from the river to Eighth street, by Eighth street to First avenue south, First avenue south to Seventh street, Seventh street to Third avenue south, Third avenue south to the river, or fronting on either of the above named streets or avenues, and on the east side of the river, fronting on Central avenue between the river and Fifth street, shall have attained the height of one (1) story, or whenever it may become necessary to unroof or take down any building within the above described territory or fronting on the above named streets and avenues, or to perform any work thereon whereby risk may be incurred to any person or persons passing the same, it shall be the duty of the party or parties erecting, unroofing, taking down or perform- ing any work on such building, or of the owner thereof, to erect a good and substantial covering over the sidewalk, at least six (6) feet. wide and ten (10) feet high, to be approved by the Inspector of Build- ings. SEC. 147. During the time of such occupation of the street for such building operations, the person or persons so occupying said street shall maintain and keep in repair both said temporary sidewalk and fence. d SEC. 148. The gutter or waterway of any street, avenue or alley shall not at any time be obstructed by any building materials or by any earth, sand or gravel, but such gutter or waterway must at all times be kept clear to allow the free passage of water in and along the same. SEC. 149. When in the construction, alteration, repair or removal of a building within the City of Minneapolis it shall be necessary to remove any of the paving or curb in the street in front of said building or in the alley adjacent thereto, either for the purpose of making excavations or for setting derrick-posts, the Inspector of Buildings shall not issue a permit for said proposed work until the applicant for such permit presents to the Inspector of Buildings a permit from the City Engineer for removing said paving or curb together with a receipt from the City Treasurer for the amount of money necessary, according to the estimate of the City Engineer, to defray the expense of re-laying said paving and re-setting said curb. Covering walk, re- quired, when fence to be Sidewalk and kept in re- pair. Gutter or not to be waterway obstructed. Removal of curb. paving or Permit to issue, when. City Permit from Engineer. Receipt from City Treas- urer. SEC. 150. Smoke houses, shall be constructed throughout of in- Smoke combustible materials, and shall be provided with ventilators at or near the top, and with guards not less than four (4) feet above the fire-bed, sufficient to prevent the meats from falling into the fire. How con- structed. 272 MINNEAPOLIS BUILDING ORDINANCES. Openings, iron doors or shutters.. Scuttles on flat roofs. Bulk-heads and doors. Stationary ladder. Obstruc- tions. Guard or hand rail. Size of scuttles. Scuttle or bulk-head not to be locked. Skylights. Iron con- struction. Fire-proof shaving vaults. Capacity of. Daily re- moval of refuse. Combustible refuse not to accumu- late. Rain water leaders. Water from roof not to flow on side- walk. Sign hangers to be licensed. License, when obtained. Bond. Sureties. Conditions of bond. BUILDING ORDINANCE. If such smoke houses open into other buildings, such openings shall be protected by iron doors or shutters, properly and thoroughly constructed. SEC. 151. All buildings having flat roofs and two or more stories in height, now or hereafter built within the City of Minneapolis, shall have scuttle frames and covers, or bulk-head and doors on the roof, made of or covered with some fire-proof material. And all such scuttles or bulk-heads shall have stationary ladders or stairs leading to the same, and all such scuttles or bulk-heads and ladders or stairs shall at all times be kept free from obstructions and ready for use. In all such cases where stairs are used, they shall be provided with a sufficient guard or handrail leading to the roof. And all scuttles shall not be less in size than two (2) feet by three (3) feet. SEC. 152. And in no case shall the door in the bulk-head, or any scuttle, be locked; but may be fastened on the inside by movable bolts or hooks. SEC. 153. All sky-lights exceeding fifty (50) superficial feet shall have frames and sash constructed entirely of iron. SEC. 154. No building shall be used or occupied, in whole or in part, for any of the trades or occupations hereinafter mentioned, to- wit: Planing mills, sash, door and blind factories, carpenter or cooper shops, wagon or carriage manufactories, cabinet and furniture fac- tories, wood turning and veneering works, agricultural implements manufactories, box or shingle factories, or any other wood-work fac- tory or shop, unless such building so occupied shall have in connection with it a brick or fireproof vault of sufficient capacity to contain all the shavings, sawdust, chips or other light combustible refuse connected therewith; and all shavings and other light combustible refuse shall be removed each day from such premises to such vault. In no event shall the proprietors, owners or lessees of the above named manufactories and shops allow combustible refuse to accumu- late upon any lot, or in any building, unless stored in a fire-proof vault. SEC. 155. Buildings now or hereafter erected, fronting on a street, shall be kept provided with proper leaders for conducting the water from the roof to the ground, sewer, street gutter, or dry-well, in such manner as shall protect the walls and foundations from dam- age. And in no case shall water from said roof be allowed to flow upon the sidewalk. And no person or persons shall construct or maintain any leader or leaders except in accordance with the provisions of this section. SEC. 156. No person except a licensed sign hanger shall here- after install any sign upon the outside walls or upon the roof of any building within the City of Minneapolis, and every person shall, annu- ally, before engaging in such occupation, obtain a license therefor, and no such license shall be granted until the party applying therefor shall have given a bond in the sum of Five Thousand Dollars ($5,000.00), with good and sufficient sureties, to be approved by the City Council, conditioned, among other things, that said party shall pay any and MINNEAPOLIS BUILDING ORDINANCES. 273 BUILDING ORDINANCE. all damages which may be caused to any person or to any property, either public or private, within the City of Minneapolis, by reason of the falling or blowing down or insecure fastening of any such sign, or in the case of an electrical sign any damage that may occur to any person or property by reason of improper construction or manner of installation of such sign, whether such damage or injury shall be in- flicted by said party or his agents, employes or workmen, or by the elements; and conditioned also that said party shall forever save and Further indemnify, and keep harmless, the City of Minneapolis against all liabilities, judgments, costs and expenses, which may in any wise accrue against said city in consequence of the granting of such license, or of any permit issued under such license, and will in all things strictly comply with the conditions of his license and permit. Upon the License to execution of said bond and its acceptance by the City Council, a license conditions. issue, when. shall be issued. No wooden sign shall be placed upon any building above the third (3rd) story window sills, or upon the roof of any building over two (2) stories in height. Said licensed person shall in each and every instance before in- stalling any sign upon the walls of any building or upon the roof thereof obtain a permit therefor from the Inspector of Buildings, ex- cept as hereinafter provided. Every sign over two (2) feet in width shall be constructed of in- Fire proof combustible materials. material, when. Wooden permitted, signs not where. No sign shall project over the sidewalk more than three (3) feet, and the lower part of any sign which projects over the sidewalk shall be at least twelve (12) feet above the level of the sidewalk. No sign shall be placed upon the roof of any building, except as hereinbefore provided, which is not constructed wholly of incom- bustible materials. No sign shall be placed upon the roof of any building that has more than one hundred (100) square feet of superficial area, except- ing open-wire-work signs having the lettering fastened to said wire- work. Every electrical sign shall be wired and installed in a manner satisfactory to the Inspector of Buildings. Where awnings are attached to buildings, the framework shall be of metal, and no part of said awnings shall be at a height of less than seven and one-half (72) feet above the sidewalk. No sign shall hereafter be erected or installed within the City of Minneapolis until after the permit shall have been obtained from the Inspector of Buildings for such erection or installation by the per- son desiring to erect or install such sign. Said person when apply- ing for a permit shall state the size and cost of the proposed sign and the nature of the materials of which it is to be constructed, and when required by the Inspector of Buildings shall file in his office plans and specifications for such sign, which shall also show the manner in which it is to be attached to the building on which it is to be erected. install signs Permit to required. Projection over side- walk. Height. Signs on roofs. Size of signs on roofs. Electrical signs. How wired. Awnings. Framework. Height above sidewalk. No sign to before per- be erected mit for same. Application to state size. cost. etc. materials. Plans and tions. when. specifica- Provided, however, that no permit shall be required for the erec- Permit not tion of signs not exceeding twelve (12) square feet in area if such required. } 274 MINNEAPOLIS BUILDING ORDINANCES. Non- compliance. Penalty. Decorations in stores. Public halls. How con- structed. Hand rails. Public hall exits. Aisles to be unob- structed. Elevation of public halls and theaters above street. Main floor. Public halls to have stand pipes, when. Light shaft. BUILDING ORDINANCE. signs are fastened directly upon the side of a building and do not project more than six (6) inches over the sidewalk. Nor will any permit be required for signs that are painted directly upon the walls of a building. Any person or corporation owning, operating, maintaining, erect- ing or installing, or in charge, possession, or control of any sign within the City of Minneapolis who shall neglect or refuse to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or upon failure to pay such fine, to imprisonment until such fine is paid, not exceeding ninety days. (As amended April 14, 17, 1905, 31 C. P. 198.) SEC. 157. It shall be unlawful to use cotton-batting, paper flowers or evergreens in the show windows of stores for decorating purposes. SEC. 158. No stairway to any public hall, or part thereof, shall rise more than ten (10) feet without a platform, and no winders, wheel- ing or circular steps shall be used. No such stairway shall be less than five (5) feet wide. Each stairway and the passageway shall have a strong hand-rail on each side thereof through its entire length. SEC. 159. Every public hall, with accommodations for five hun- dred (500) or more people, shall have at least two (2) separate and distinct exits, to be as far apart as may be found practicable. Public halls, accommodating seven hundred (700) or more people, shall have at least three (3) separate and distinct exits. All egress openings in public halls shall have the word "EXIT" conspicuously placed over them. The aisles or passageways in such public halls and in all places. of public assemblage shall at all times be kept clear and unobstructed. SEC. 160. No portion of the main floor of any public hall not used as a theater and with accommodations for five hundred (500) persons shall be elevated to a greater height than thirty-five (35) feet above the street grade. Public halls with accommodations for one thousand (1,000) per- sons or more shall have the main floor not more than twenty-five (25) feet above the street grade. No portion of the main floor of any theater, with accommoda- tions for five hundred (500) or more persons, shall be more than ten (10) feet above the street grade. SEC. 161. All public halls with accommodations for one thou- sand (1,000) or more persons shall have at least one (1) stand-pipe in the street or alley on the outside of the building from ground to roof, with hose attachment close to a window or door at each floor or gallery. Windows required in sleeping SEC. 162. In all buildings hereafter erected or altered to be used either as a hotel, hospital or tenement house, every room used or rooms, when intended to be used as a sleeping room shall have at least one win- Size. dow, of a size not less than sixteen (16) inches by forty (40) inches, through the outside wall of said building, or such window may open into a well ventilated light shaft, the said shaft to be not less than nine (9) square feet in area. MINNEAPOLIS BUILDING ORDINANCES. 275 BUILDING ORDINANCE. rooms. Provided, however, that the above provisions shall not prohibit Sleeping the use of any such room for sleeping purposes if such room is pro- vided with a ventilating pipe extending to and entering a ventilation Ventilating pipes. flue of proper size, and provided also with a window or windows The total windows. opening into a corridor at least four (4) feet in width. The total area of said windows shall be at least equal to one-twelfth (1-12) of the floor area of said room, and the said corridor shall be provided with windows and sky-lights arranged in a manner satisfactory to the Inspector of Buildings. (As amended April 14, 17, 1905, 31 C. P. 199.) SEC. 163. No person or persons shall hereafter erect or alter any building to be used as a livery, boarding, sale or exchange stable, or erect or alter any building to be used as a boiler shop, rendering house, glue factory or store house for hides within the City of Min- neapolis until he or they shall have made application to the City Coun- cil to build or alter such proposed building for any of the purposes above named. C And the Inspector of Buildings shall not grant a permit for the erection or alteration of any building for any of the purposes named in this section without the approval of the City Council of such appli- cation and also the written consent of the Aldermen of the ward in which such building is located or is to be located. PART 15. Buildings Within the Fire Limits, Etc. SEC. 164. The walls of every building hereafter erected or en- larged within the fire limits, except as hereinafter provided, shall be built of brick, stone, iron or other incombustible materials. Provided, however, that if any person or persons desire to increase the height of any wooden dwelling, or any part thereof, already erected and situated within the fire limits, the height of such building when completed not to exceed two and one-half (22) stories, the Inspector of Buildings may grant a permit therefor, if in his judgment, the fire hazard will not be increased thereby. And provided, further, that sheds, the ground area of which will not exceed four hundred (400) square feet and the height of which will not exceed twelve (12) feet, may be erected under the follow- ing provisions: The walls of all such sheds shall be covered with iron, fastened directly upon the wood studding, without sheathing boards, and the roofs shall be covered with fireproof material. Provided, however, that no such shed shall at any time be used as a store, shop, office, factory or dwelling. (As amended April 14, 17, 1905, 31 C. P. 199.) SEC. 165. It shall be unlawful to repair or alter any frame build- ing within the fire limits of the City of Minneapolis if in the opinion of the Inspector of Buildings such building has been damaged from any cause to the extent of fifty (50) per cent of the cost of a similar new building, and any such building shall be torn down and removed, if in a dangerous condition, when so ordered by the Inspector of Buildings. Livery, sale or boarding, exchen, etc. Application to it. city council. No permit without ap- to issue proval of council, etc. Buildings within fire limits. Exterior walls, how constructed. height of Increase in wooden buildings. Permit. Sheds may when. be How con- structed. How not to be used. Frame buildings limits re- within fire paired or al- tered, when. 276 MINNEAPOLIS BUILDING ORDINANCES. Roofs, etc., in fire limits. How made. Tar, etc., not to be exposed. Covering and pro- tection. Photograph- er's print- ing room. Elevator shafts, ex- tension of. How con- structed. Appendages above first story. What con- sidered ap- pendages. Cornices. Replace- ment of. When taken down. Temporary sheds. When removed. Stairs of wood within fire limits, when. BUILDING ORDINANCE. Provided, however, that any frame building not damaged from any cause, in the judgment of the Inspector of Buildings, to the extent of fifty (50) per cent of the cost of a similar new building, may be re- paired or altered; provided, however, that no such frame building shall be altered for use in any manner by this ordinance prohibited for new buildings of similar construction. SEC. 166. The weather covering of all roofs, cornices, gutters, eaves and parapets, within the fire limits, shall be made of incom- bustible materials. No uncovered tar, tar paper, composition, rosin, felt or woodwork shall in any way be exposed on any roof or its appendages. Every composition roof of whatever kind shall be protected with a permanent covering of some fire-proof material, such as gravel, crushed granite or slag, subject to the approval of the Inspector of Buildings. Provided, however, that for the purpose of a photographer's printing-room or a roof extension of an elevator shaft, a frame addi- tion properly supported and not over ten (10) feet high may be erected on the roof of any building, the sides and roof of such addition to be covered with fireproof material and its total floor area not to exceed twelve and one-half (122) per cent of the area of the roof on which it is erected. SEC. 167. Appendages to any business building above the first story, and above thirty (30) feet from grade of sidewalk on any other building, if not wholly of incombustible material, shall be enveloped with metal. Dormer windows, cornices, mouldings, balconies, bay-windows, towers, spires, ventilators, etc., shall be considered as appendages. SEC. 168. Incombustible cornices shall be well secured to the walls, and in all cases the walls shall be carried up to the planking of the roof behind the cornice, and where the cornice projects above the roof, the walls shall be carried up to the top of the cornice, and all exterior wooden cornices on brick, stone or iron buildings, that shall hereafter require to be replaced, shall be constructed of some non- combustible material, as required for new buildings. And every exterior wooden cornice, or gutter on brick, stone or iron buildings, that may be hereafter damaged by fire or the elements. to a greater extent than one-half of the whole value thereof, shall be taken down, and if replaced, shall be constructed in accordance with the provisions of this ordinance. SEC. 169. Temporary one-story frame sheds may be erected with- in the fire limits, for the use of builders, adjacent to buildings in course of erection, but shall be demolished upon the completion of said buildings. SEC. 170. Outside stairs constructed of wood and in a substantial manner, if approved by the Inspector of Buildings, may be erected on the rear of buildings within the fire limits. MINNEAPOLIS BUILDING ORDINANCES. 277 BUILDING ORDINANCE. PART 16. Buildings. Fire Proof Construction. buildings. SEC. 171. Every building hereafter crected or altered to be used Fireproof as a hospital, asylum or institution of any kind for the care or treat- Fireproof ment of persons shall be of fireproof construction, if such building is construction three (3) stories or over in height. when re- quired. Hotels, etc. Every building hereafter erected or altered to be used as a hotel, lodging house, school-house or public hall shall be of fireproof con- struction, if such building is more than three (3) stories in height. ings, etc. Every building hereafter erected or altered to be used as a flat Flat build- building, tenement house, or apartment building shall be of fireproof construction, if such building is more than four (4) stories in height. Every building hereafter erected or constructed within the City of Minneapolis shall be of fireproof construction if such building is more than four (4) stories in height. Provided, however, that ware- houses, wholesale houses, grain elevators and buildings used for manufacturing purposes may be of "mill construction," and provided, further, that such "mill construction" buildings four (4) stories or more in height shall have their stairways and elevators constructed within fireproof shafts, and all openings into such fireproof shafts shall be protected with fireproof doors; and provided, also, that non- fireproof warehouses already erected and designed for additional stories may be increased to such height above four (4) stories, but already not exceeding six (6) stories, as is warranted by the present con- struction of such buildings. (Added April 17, 1905, 31 C. P. 199.) Warehouses erected. " PART 17. Skeleton Construction. to be fire proof, when. Mill construction. Stairways. proof shafts, elevators fire and doors. In every building hereafter erected within the "Fire-Limits," over two (2) stories in height, excepting private residences and apart- ment houses, the windows shall be glazed with wire-glass in metal sash and shall have metal frames. Provided, however, that the above Windows. provision shall not apply to windows, in any such building, which open directly upon a street or upon an inner court which is entirely Exceptions. surrounded by the walls of said building; and provided, further, that the term "street" shall not in this connection be construed as in- cluding alleys. As amended April 14, 17, 1905, 31 C. P. 199.) No woodwork or other inflammable material shall be used in any of the walls, partitions, furring or ceilings in any fireproof building. Excepting, however, that the doors and window-sash and their frames, the interior finish of doors and windows, the base-boards and floor boards, and floor-strips directly thereunder, may be of wood. Buildings in over two fire limits of stories. No woodwork allowed. Exception. SEC. 172. The term "Skeleton Construction" shall apply to all buildings wherein all external and internal loads and strains are trans- mitted from the top of the building to the foundation by a skeleton or framework of rolled metal. In such metal frame-work, the beams Framework. and girders shall be riveted or bolted to each other at their respective junction points. All pillars shall be made of rolled steel or iron, and Pillars. Skeleton Definition. construction. 278 MINNEAPOLIS BUILDING ORDINANCES. No cast iron to be used. Thickness of walls. Wind bracing. Curtain thickness walls, increased, when. Cast iron columns. Interior pillars, cast iron. Fireproof construction. Definition. Fireproofing. Materials used for. Doors, etc., how faced. Iron or steel supporting members. Protection of. BUILDING CRDINANCE. their different parts shall be riveted together, and the beams and gird- ers resting upon them shall have riveted or bolted connections to unite them with the pillars. No cast iron lintels shall be used in the con- struction of skeleton buildings. SEC. 173. In all buildings of skeleton construction, when the walls are carried by the metal frame, the thickness of outside masonry must not be less than twelve (12) inches, except as hereinbefore pro- vided for "Curtain Walls." Provided, however, that proper wind bracing shall be employed in the steel framework where necessary; and provided, further, that said curtain walls shall be increased in thickness whenever in the judgment of the Inspector of Buildings it shall be necessary. In buildings less than ten (10) stories in height, cast iron columns may be used, in which case the column connections shall be bolted. In buildings of less than ten (10) stories, where the skeleton construc- tion of the external walls is replaced by walls of masonry of proper and sufficient strength to sustain the weight of the floors and roof im- posed on side walls, the interior pillars may be of cast iron. If cast iron pillars are used, each successive pillar shall be bolted to the one below it by at least four (4) bolts, not less than three-quarters (34) of an inch in diameter, and the beams and girders shall be bolted to the pillars. (As amended April 14, 17, 1905, 31 C. P. 199.) • PART 18. Fireproof Construction. SEC. 174. The term "Fireproof Construction" shall apply to all buildings in which all parts that carry weights or resist strains are constructed wholly of stone, burned clay, iron, steel or concrete, and in which all stairs and all elevator inclosures, and their contents, are made entirely of incombustible materials, and in which all metallic structural members are protected against the effect of fire by coverings. of a material which must be entirely incombustible and a slow heat conductor. SEC. 175. The materials which shall be considered as fulfilling the conditions of fireproof covering are: First, brick; second, hollow tiles or burned clay, applied to the metal in a bed of mortar and con- structed in such a manner that there shall be an air-space of at least three-quarters (34) of an inch each by the width of the metal surface to be covered, within the said clay covering; third, porous terra-cotta, which shall be at least two (2) inches thick, if hollow, and not less than one and one-quarter (114) inches thick if solid, and this shall also be applied direct to the metal in a bed of mortar; fourth, cement con- crete, applied direct to the metal, the concrete to be at least one and one-half (12) inches thick. In buildings of this type, all door or window mullions, whether vertical or horizontal, shall be faced with cast iron, terra-cotta or other incombustible material of equal fire-resisting value. All iron or steel used as a supporting member of the external con- struction of any building, and specified to be fireproofed, shall be pro- tected, as against the effects of external changes of temperature or of MINNEAPOLIS BUILDING ORDINANCES. 279 BUILDING ORDINANCE. fire, by a covering of brick, terra-cotta, fire clay or concrete, com- pletely enveloping said structural members of iron and steel. If of brick, it shall not be less than eight (8) inches thick; if of hollow tile, it shall not be less than six (6) inches thick, and there shall be at least two sets of air spaces between the iron and steel members and the outside of the hollow-tile covering. In all cases, the brick or hollow tile shall be bedded in mortar Joints to be close up to the iron or steel members, and all joints shall be made full and solid. full and solid. Where a skeleton construction is used for the whole or a part of the building, these enveloping materials shall be independently sup- ported on the skeleton frame for each individual story. If iron or steel plates are used in each story for the support of this covering within the said story, such plates must be of sufficient strength to carry, within the limits of fiber-strain for iron and steel elsewhere specified in this ordinance, the enveloping material for the said story, and such plates may extend to within two (2) inches of the exterior of said covering. If cement concrete is used in any form for such inclosure, it shall be in a manner approved by the Inspector of Buildings. The upper surfaces of all breaks or off-sets in external coverings and fillings of walls, as well as the tops of walls, shall be covered with fireproof material. Enveloping support of. material, Steel plates, strength of. If terra-cotta is used as a part of such fireproof inclosure, it shall be backed up with brick or hollow-tiled; whichever is used being, however, of such dimensions and laid up in such manner that the back- ing will be built into the cavities of the terra-cotta in such manner as to secure a perfect bond between the terra-cotta facing and its backing. how used. If hollow tile alone is used for such inclosure, the thickness of the Hollow tile, same shall be made in at least two (2) courses, breaking joints with and bonded into each other. use of. Terra cotta, How backed. Cement con- crete, use of Upper sur- covered. faces, how Re-enforced concrete shall be accepted as a fireproof material. Re-enforced concrete shall in all cases be constructed in accord- ance with the following regulations: "", (Re-enforced Concrete, Regulations in Regard to the Use of.) Definition. The term "re-enforced concrete, as used in this ordinance, shall be understood to mean an approved concrete mixture re-enforced by steel of any shape, so combined with the steel as to take up the tensional stresses and assist in the resistance to shear. Re-enforced concrete. How to be constructed. (Stress.) Re-enforced concrete construction shall be of such a Stresses. nature that the stresses can be calculated according to the accepted formulas of modern engineering practice. specifica- (Permission to Erect.) Before permission to erect any concrete Permit. structure is issued, complete plans and specifications shall be filed Plans and with the Inspector of Buildings, showing all details of the construc- tions. tion, the size and position of all re-enforcing rods, stirrups, etc., and giving the composition of the concrete. Provided, however, that per- Acceptance, mission to erect any re-enforced concrete does not in any manner accept the construction until after tests have been made of the actual construction to the satisfaction of the Inspector of Buildings. when. (Concrete, Mixing of, Method of Testing, Placing and Tamping. Mixing of Removal of Forms.) The concrete shall be mixed in such propor- 280 MINNEAPOLIS BUILDING ORDINANCES. Tests of same. How made. Materials. Wet mixture. Mixing. Placing. Removal of forms. Cements required. Tensile strength. Certified statement of result of tests. Copy of same to be filed with In- spector. Other tests, when. Sand. Crushed stone or gravel. How prepared. Re-enforcing How enclosed. BUILDING ORDINANCE. tions that the resistance of the concrete to crushing shall not be less than two thousand (2,000) pounds per square inch in four (4) inch cubes after hardening for twenty-eight (28) days. The tests to de- termine this value shall be made by a competent engineer furnished by the owner of the building, or by the contractor, and such tests, as well as the preparing of the mixture for the same, shall be made in the presence of and under the direction of the Inspector of Build- ings or his regularly authorized assistant; and all concrete work entering into the construction of any building shall be made of like material and proportioned in the same manner as the concrete in the accepted tests. The concrete used in re-enforced concrete construction shall be what is usually known as a "wet mixture." All concrete shall be thoroughly mixed by machine to an even, uniform consistency. All concrete must be placed in the forms in its final position as quickly as possible after the water is added, particular attention to be given to the thorough puddling of concrete around all re-enforce- ment and under the lower flanges of all beams, so as to make the entire mass a monolithic body without voids or unfilled portions. The contractor may remove forms at such time as is consistent with his form of construction, but shall guard against the loading of floors before the concrete has reached a compressive value of two thousand (2,000) pounds per square inch. (Cements, Method of Testing.) Only high grade Portland cements shall be used in re-enforced concrete construction, such cements, when tested neat, shall after one (1) day in moist air de- velop a tensile strength of at least two hundred (200) pounds per square inch; and after one (1) day in moist air and six (6) days in water shall develop a tensile strength of at least five hundred (500) pounds per square inch; and after one (1) day in moist air and twenty- seven (27) days in water shall develop a tensile strength of at least six hundred (600) pounds per square inch. Provided, always, that a copy of a duly certified statement of the result of each such test of the cement to be used in any concrete construction shall be filed with the Inspector of Buildings before the said cement is used in such con- struction. Other tests as to fineness, constancy of volume, etc., made in accordance with the "Standard Specifications for Cement" of the American Society of Civil Engineers, shall be furnished when deemed necessary by the Inspector of Buildings. (Sand.) The sand to be used in such concrete shall be clean, sharp grit sand and free from dirt or loam. (Crushed Stone, or Gravel.) The stone used in such concrete shall be clean, crushed stone or gravel, of a size that will pass through a one (1) inch ring. The stone shall be fresh broken, and if lime- stone is used it shall be screened to remove dust. If gravel is used, it shall be thoroughly washed. (Re-enforcing, Method of.) All re-enforcing steel shall be com- pletely enclosed by the concrete, and such steel shall nowhere be nearer the surface of the concrete than three-quarters (34) of an inch. The steel in beams or girders shall be so disposed that there shall be not MINNEAPOLIS BUILDING ORDINANCES. 281 BUILDING ORDINANCE. disposed. less than one and one-half (1) times the thickness of the steel in How concrete between the steel, and, where more than two (2) bars are used, the bars shall be placed in two or more planes. Re-enforced concrete shall be so designed that the stresses in How the concrete and the steel shall not exceed the following limits: designed. Stresses. • 500 50 350 Extreme fibre stress on concrete in compression. Shearing stress in concrete Concrete in direct compression Tensile stress in steel Compression in steel.. Shearing stress in steel . 16,000 12,000 . 10,000 The adhesion of concrete to steel shall be assumed to be seventy- five (75) pounds per square inch of surface where bars are three- quarters (34) of an inch or less in diameter and proportionately less for bars of a diameter greater than three-quarters (34) of an inch. For bars having twists, corrugations, bulbs or other forms of mechan- ical grip, the adhesion stress shall not exceed one hundred (100) pounds per square inch of external surface of the steel. The tensile strength strength of the concrete shall not be considered. Tensile not con- sidered. Shearing stresses. Provision • • Pounds per Square Inch. • 5 The shearing stresses on beams, girders and floor slabs, shall be provided for by the bending of the bars up and by the use of stir- rups, and all such stirrups shall be of sufficient size and installed in a manner satisfactory to the Inspector of Buildings; also where beams and girders cross columns and where beams cross girders, all main bars and re-enforcement shall be lapped in a similarly satisfactory for Lapping. manner. When vertical re-enforcing rods are used in columns, such rods shall have their ends milled normal to the longitudinal axis, and such rods shall have full, perfect bearings at each joint, and such joints Adhesion of concrete to steel. WL 8 One-half (2) of all beam and girder steel shall be bent to the top surface and the bending moment for a uniformly distributed load at the center of such a member shall be taken at not less than where W is the uniformly distributed load in pounds and L is the span in inches, for a continuous construction. Square floor plates Floor plates or slabs, where continucus and having one-half (2) of the steel bent up and supported on four (4) sides, may be designed for a bending moment of with steel in two (2) directions. Provided, Distance. always, that the distance of the steel from the bottom of any slab, beam or girder shall not be less than three-quarters (34) of an inch. and slabs. WL 20 Amount of A sufficient amount of steel shall be introduced in all concrete steel construction so that the shearing stresses, both vertical and hori- required. zontal, developed in any part of the construction shall not exceed the safe working strength of the concrete as fixed by this ordinance. (Columns, Re-enforced Concrete.) Re-enforced concrete may be used for columns where the ratio of length to least side or diameter does not exceed twelve (12). The re-enforcing rods shall be tied together at intervals of not more than the least side or diameter of the column, or spirally wound steel or netting of sufficient strength may be used. Bending of girder steel. beam and When may be used for columns. Rods, how tied. Vertical rods. Milling. 282 MINNEAPOLIS BUILDING ORDINANCES. Bearings and joints. Crushing strength. No allow- ance for, when. Concrete not to be used, when. Use before setting. New and old concrete work. Hot weather construc- tion. No concrete shall be used for any re-enforced work which has been mixed more than one-half (2) hour before being deposited in place and the whole operation of depositing and mixing the con- crete shall be executed with a sufficient force of laborers to insure a mixing and depositing before any set occurs in the cement. Where new concrete is added to old work, extra care shall be taken to pick and wash the old surface and to grout the same with liquid cement, to insure thorough bonding of the new and old surfaces. When re-enforced concrete is used in hot weather, care shall be taken to protect it from drying out too fast, and no re-enforced concrete work shall be done in freezing weather unless the water and weather con- sand used are heated and the concrete properly protected after being Freezing struction. Thawing, deposited in place, and it shall in all cases be thoroughly thawed, dried out and set, before the forms are removed. Provided, always, that no concrete work shall be executed when the temperature where the work is being done is below zero. (Tests, to be Made by Contractor on Demand.) The contractor shall be prepared and shall make load tests on any portion of a re- enforced concrete construction within a reasonable time after erec- tion, as often as may be required by the Inspector of Buildings. Such tests, when made sixty (60) days after the concrete is in place, shall show that the construction will sustain a load of two (2) times that for which it is designed without any sign of failure, and in case of beams, girders or floors the deflection due to such loading shall not exceed one six-hundredth (1-600) of the span. (Re-enforced Concrete Walls.) Walls having a complete skele- ton of steel, or of re-enforced concrete construction, or a combina- tion of both, designed to safely resist all of the strains caused by the dead weights of the structure and the live loads and the wind pres- sure, within the safe limits of stress, as provided in this ordinance, for each material used, may have walls of re-enforced concrete, pro- vided that the walls are proportioned and re-enforced in a manner approved by the Inspector of Buildings. Any and all work or materials that do not develop the strength required by this ordinance shall be condemned and removed from the premises, upon the written order of the Inspector of Buildings. (As amended April 14, 17, 1905, 31 C. P. 200.) Internal Fireproofing. SEC. 176. The internal structural parts of all fireproof build- Coverings to ings of skeleton construction shall be fireproof by coverings of brick, hollow-tile, porous terra-cotta or cement concrete in a manner approved by the Inspector of Buildings. etc. No concrete work, where. Load tests, when. To sustain what load, etc. Reinforced concrete walls may be used, when. How pro- portioned, etc. Condemna- tion and removal of work and materials. be approved by Inspector. Columns and pillars, how pro- tected. BUILDING ORDINANCE. shall occur only at floors or other points of lateral support and a tight fitting sleeve shall be provided at all joints of vertical re-enforc- ing rods. No allowance shall be made for the crushing strength of con- crete of any column that is more than three-quarters (34) of an inch outside of the rods or ties. In places where there is trucking or wheeling or other handling of packages, the lower five (5) feet of the fireproofing of columns or pillars shall be incased in a protective covering, either of sheet-iron or of oak plank, which covering shall be kept continually in good repair. MINNEAPOLIS BUILDING ORDINANCES. 283 BUILDING ORDINANCE. The fireproof covering of iron or steel beams and girders shall be effected with either of the materials hereinbefore specified. If hollow- tiles are used, the tile shall be set close to the metal to be protected; and there shall be an air space within the tile of at least three-quarters of an inch. Iron and steel beams and girders. Hollow tile, use of, If porous terra-cotta is used, it shall be at least two (2) inches Terra cotta. thick, if hollow, and at least one and one-quarter (1) inches thick, if solid. PART 19. Iron and Steel Construction. SEC. 177. All iron or steel columns shall be made true and smooth on both ends at right angles to the axis of the columns and shall rest on shoes or plates of iron or steel and shall have iron or steel caps which shall be made true, and such plates and caps shall be of size and strength sufficient to properly distribute the weights that may be imposed upon them. beams, how applied. In all cases, the covering of beams, if of hollow-tile or porous Covering of terra-cotta, shall be so applied as to be supported entirely by the beams or girders protected, and shall be held in place entirely by the support of the flanges of such beams or girders and by the mortar used in setting. Wire binding and anchors shall not be used as fasteners of such fireproof covering. terials of. The filling between the individual iron and steel beams support Filling, ma- ing the floors of fireproof buildings shall be made of brick or hollow- tile arches, or other forms and materials of fireproof construction may be used if approved by the Inspector of Buildings; and the Inspector of Buildings may require a practical test to be made by the owner or contractor of the proposed construction, or either of them, to deter- mine its safe carrying capacity, and its fire-resisting qualities. If brick arches are used, they shall not be less than four (4) inches thick and shall have a rise of at least one and one-quarter (14) inches to each foot of span between the beams. If the span of such arches is more than five (5) feet, the thickness of the same shall be increased as required by the Inspector of Buildings. The said brick arches shall be laid with close joints in cement mortar in proportions of not more than two (2) parts of sand to one (1) part of cement by measure. If hollow-tile arches having a straight soffit are used, the thick- ness of such arches shall not be less than at the rate of one and one- half (12) inches per each foot of span. In all cases, no matter what the material or form of the arches used, the protection of the bottom flanges of the beams and so much of 'he webs of the same as is not covered by the arches shall be made as before specified for the covering of beams and girders. Plastering on wire or metal lath shall not be considered as fire- on wire or proofing for steel or iron structural members. Plastering metal lath, not fire- Cinders concrete shall not be considered as fulfilling the require proofing. ments for fire-proofing in any building. Nor cinders concrete. Test may be required by Inspector. Brick arches. Thickness. How laid. Hollow tile Thickness. arches. Flanges and beams. web of Protection of Iron and steel Columns, construction. how made, etc. Provided, however, that in all buildings four (4) stories and Bridge over in height such columns shall rest upon properly designed bridge- plates. plates bolted to the columns. 284 MINNEAPOLIS BUILDING ORDINANCES. connected, strapped and anchored. Trimmer beams, etc. All iron or steel trimmer-beams, headers and tail-beams shall be How framed, suitably framed and connected together, and all iron or steel girders, columns, beams, trusses or other iron or steel work shall be strapped, bolted, anchored and connected together in a strong and workman- like manner, to be approved by the Inspector of Buildings. Under the ends of all iron or steel beams, where they rest on walls, stone or iron templates must be built into the walls; said templates, if of stone, to be not less than six (6) inches thick, and if of cast iron, at least one (1) inch thick, and such templates shall not be less than eight (8) inches wide and twelve (12) inches long, and in all cases. shall be of such size and thickness as to properly distribute the weights upon the walls. Iron tem- plates, when. Size and thickness. Slow burn- ing or mill PART. 20. Slow Burning or Mill Construction Buildings. SEC. 178. All buildings not specially mentioned under the head of "Fireproof Buildings," five stories and over in height, if not strictly construction fireproof, must be built equal in slow burning qualities to the following: buildings. How con- structed. Partitions. Studs par- titions, or wall furring of wood, not allowed. Height al- lowed. Cast iron columns to be fire- proofed. Stairways Automatic fireproof doors. Openings not allowed, when. BUILDING ORDINANCE. House mov- ing. House mov- ers to be li- censed. License. when granted. Bond. How con- ditioned. Warehouses, storehouses and factories four (4) stories or more in height, shall have their stairways and elevators constructed in fire- proof shafts. proof shafts built for the purpose and provided with automatic, self- and elevators to be in fire- closing, fireproof doors at each opening to the several floors, and no opening shall be allowed through the floors of such buildings except for belts for running machinery. (As amended May 18, 1904—30 C. P. 265.) (As amended April 14, 17, 1905, 31 C. P. 202.) All floor and roof joists shall not be less than sixty (60) inches in area of cross-section and the top surface of such joists shall be floored over with matched planks not less than two and one-half (22) inches thick. Partitions to be either brick, tile or plank; if plank are used, they must not be less than three (3) inches thick. No stud partitions or wall furring of wood shall be allowed in buildings intended to be "slow burning." Provided, however, that no buildings of "slow burning or mill construction" shall be more than eight (8) stories in height. And provided, further, that if cast-iron columns are used, they shall be fireproofed in a manner approved by the Inspector of Buildings. PART 21. House Moving. SEC. 179. No person except a licensed housemover, shall re- move, raise or hold up any building within the limits of the City of Minneapolis. And every person shall, annually, before engaging in such occupa- tion, obtain a license therefor. And no such license shall be granted until the party applving therefor shall have given a bond, in the sum of three thousand dollars ($3,000.00) with good and sufficient sureties, to be approved by the City Council, conditioned, among other things, that said party will pay MINNEAPOLIS BUILDING ORDINANCES. 285 BUILDING ORDINANCE. any and all damages which may be caused to any property, either pub- lic or private, within the City of Minneapolis, whether such damage or injury shall be inflicted by said party or his agents, employes or workmen; and conditioned also, that said party will save and indem- nify, and keep harmless, the City of Minneapolis against all liabilities, judgments, costs and expenses, which may in any wise accrue against said City in consequence of the granting of such permit or license, and will in all things strictly comply with the conditions of his permit. Upon the execution of said bond and its acceptance by the City Council, a license shall be issued. License to issue, when. SEC. 180. Said licensed person shall in each and every instance, before raising, holding up or moving any building, obtain a permit therefor from the Inspector of Buildings. If any person desires to have any building moved through or across the streets of the City of Minneapolis, such person shall first obtain the written consent of the Aldermen of the Waid where such building is located, and also the written consent of the Aldermen of the Ward or Wards through which and into which said building is to be moved. Said written consent above provided for shall desig- To contain nate the route over which said building is to be moved, and said licensed house mover shall file said written consent with the Inspector of Buildings and, thereupon, the Inspector of Buildings shall grant said licensed house mover a permit to move said building. Said permit shall state specifically the route to be taken and shall limit the time for the removal of said building. what. In every case in which a permit shall be issued, as herein pro- vided, for the removal of a building, when such removal requires the displacement of any overhead electrical or other wires, it shall be the duty of the person, association or corporation owning, operat- ing or controlling such wires to remove or displace the same, so far as the same may be necessary to effect the removal of said building to the point to which the removal thereof shall be authorized by such permit. Shall obtain a permit, when. Written con- sent of alder- men. To be filed spector. with In- Permit. Route, etc. one alder- man. Provided, however, that if one of the Aldermen of any Ward Absence of affected by such removal of any building as above provided for, shall be absent from the city, the consent of one of the Aldermen of such Ward shall be sufficient; and provided, further, that in no case shall a building be moved that is not worth sixty (60) per cent of the cost of a similar new building. of one Consent sufficient. Building not moved, when Overhead electrical wires. Duty to re- whose. move same, remove wires. The person to whom said permit shall have been issued shall Notice to notify the person, association or corporation owning, operating or controlling said wires to remove or displace the same to facilitate the removal of said building, and shall at the same time, exhibit to said person, association or corporation a properly issued permit au- thorizing the removal of said building, and it shall thereupon be the duty of said person, association or corporation, within twenty-four (24) hours thereafter, to remove or displace said wires, at their own expense, sufficiently to allow the passage of sail building along the street over which said wires are suspended. Permit to be exhibited. Removal hours. within 24 Expense of same. No building shall be moved across any steam or street railway Hours for tracks except between the hours of one (1) and five (5) a. m., un- railway tracks. 286 MINNEAPOLIS BUILDING ORDINANCES. Halls and exits to fire escapes to be provided. Fire escapes, when. Inspector may compel erection of same. Notice to owner, etc. How served. Time limit. Failure to comply with notice. Penalty. Continued failure, additional penalty. Fire escapes. How con- structed. BUILDING ORDINANCE. less otherwise permitted by the company controlling such tracks. (Ás amended Jan. 11, 1904, 30 C. P. 16, 17; April 14, 17, 1905, 31 C. P. 202.) PART 22. Fire Escapes and Stand Pipes. SEC. 181. Hereafter, it shall be the duty of architects and own- ers of buildings erected within the City of Minneapolis to provide suitable halls or exits to fire escapes for all buildings where fire es- capes are required. SEC. 182. All buildings in the City of Minneapolis three stories or over in height (except private residences) shall be provided with metallic fire escapes extending from a point ten (10) feet from the level of the street to and above the roofs of such buildings and on the outer walls thereof. And the Inspector of Buildings is hereby au- thorized to notify and compel the owner, lessee or occupant of any such building, to erect such fire escapes as he may determine are neces- sary for the protection and safety of the occupants of such buildings: After such determination by said Inspector of Buildings, he may, at any time, by notice in writing, served upon the owner, lessee or occupant of any such building, by leaving with such owner, lessee or occupant, or at his or their residence or place of business, a copy of such notice, require such owner, lessee or occupant, or either of them, to cause such metallic fire escape or fire escapes to be placed upon such building within thirty (30) days after the service of such notice. 染 ​In case such owner, lessee or occupant, or either of them, so served with notice as aforesaid, shall not, within thirty (30) days after the service of such notice, upon him or them, place, or cause to be placed, such metallic fire escape or fire escapes upon such building, as required by this section and the terms of such notice, he or they, or either of them, shall, upon conviction thereof, be subject to a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dol- lars ($100.00), or upon failure to pay such fine, to imprisonment until such fine is paid, not exceeding ninety (90) days, and to a further fine of Fifty Dollars ($50.00) for each additional week of such neglect to comply with such notice after the expiration of thirty (30) days from the service of the same, or, upon failure to pay such fine, to imprison- ment not exceeding fifty (50) days. SEC. 183. All stringers for stairs for fire escapes where cast iron brackets and treads are used shall be two (2) by six (6) inch channel iron. Brackets for treads shall be fastened to stringers with two (2) three-eighth (3-8) inch bolts for each bracket. Treads to be not less. than seven (7) inches wide and to be bolted to brackets with one (1 three-eighths (3-8) inch bolt countersunk in tread. Where wrought iron treads are used, grate style, stringers shall be three-eighths (3-8) by five (5) inch bar iron; treads to be not less than seven (7) inches wide, bolted to the stringers, with two (2) three-eighths (3-8) inch. bolts to the stringer. Wrought iron treads are to be made of one (1) inch by one-quarter (4) inch bar-iron, edges up; washers to be cast or wrought iron and not longer than one and one-quarter (14) inches. ?? MINNEAPOLIS BUILDING ORDINANCES. 287 BUILDING ORDINANCE. All balconies to have two (2) brackets; all stringers to have one (1) bracket. Iron stair- ways, width Iron stairways shall not be less than two (2) feet wide, and lad- ders to be not less than twenty (20) inches wide; all railings to be not Railings. less than three (3) feet high. Circular stairway fire escapes may be erected, but in all cases the stairways shall be two (2) feet in width and of equal strength with the stairway above specified. Balconies. Grates for balconies to be made of bar-iron not less than one by one-quarter (IX) inches, put together with edges up; washers to be not more than one and one-quarter (1) inches long. Frames for balconies to be made of angle-iron, one and one-half (12) inch by one- quarter (4) inch, and one and three-fourths (134) by one-quarter (4) inch for angle iron, according to the angle of stringer used. Brackets for balconies to be not less than one (1) inch in diameter, and heavier where required. Brackets shall run through the wall with nut and washer on the inside. Railings for stair fire escapes should not be less than one (1) inch wrought iron pipe, two pipes high, middle pipe to be not less than three-fourths (34) inch. Stand- Standards. ards for railings may be one (1) inch pipe bolted to the stringer or platform with two (2) three-eighths (3%) inch bolts. Grates for how con- balconies, structed. Frames. SEC. 185. Stand-pipes shall be of three (3) inch wrought iron pipe, except from the top story to the roof, and all stories above the fifth floor, which may be two and one-half (2½) inches. Stand-pipes shall have one (1) Siamese automatic valve within five feet from street grade, and one (1) hose-valve at each floor above the first, and on the roof. Brackets. Railings. Provided that nothing herein contained shall be construed to re- quire the changing of fire escapes or stand-pipes heretofore erected, and approved by the Inspector of Buildings. Fire escape ladders. Fire escape ladders shall be made of one-half (½) by two (2) inch bar-iron for stringers, or one and one-quarter (114) inch wrought- How made. iron pipe; rounds to be one-half (½) inch square, riveted into square hole in stringer. Brackets and balconies to be the same as in fire es- capes; railings may be three-quarters (34) of an inch wrought-iron Balconie pipe, two (2) pipes high. Brackets. Railings. Circular Width and fire escapes. strength. It shall be unlawful to obstruct the exit to any fire escape or to Obstruction allow any obstruction on any fire escape or platform thereof. unlawful. when. SEC. 184. All business buildings, hotels and office buildings, four Stand pipes, (4) stories or more in height, and all buildings exceeding eighty (80) feet in height, shall have a two and one-half (2½) inch, or larger, metallic stand-pipe on the outside wall thereof, or on the inside of such building, extending to and above the roof and so arranged that engine-hose can be attached from the street to the same. Hose All hose-couplings shall conform to the size and pattern adopted by couplings. the Fire Department. how con- an structed. Automatic valves. Hose valves. No change required, when. 288 MINNEAPOLIS BUILDING ORDINANCES. Elevators. Inspection of. Duty of Inspector to make in- spections. How often. Permit to build, etc., must be obtained. Statement or specifica- tions to be filed with Inspector. Also work- ing plans, when. Inspector to examine specifica- tions, etc. And issue permit, when. Unlawful to build with- out permit. Elevators not to be used until issued. Certificate to state what. Unlawful to use elevators when. BUILDING ORDINANCE. It shall not be lawful to proceed to build, install, rebuild or change any elevator within the City of Minneapolis without such permit. SEC. 188. It shall be unlawful to put into service any elevator that has been built, installed, rebuilt or changed until it shall have accepted, and been duly inspected and accepted by the Department of Buildings, and a certificate issued therefor by the Inspector of Buildings. Said cer- tificate shall state that said elevator has been inspected and accepted by the Department of Buildings, and shall also state its safe carrying capacity. PART 23. Elevators. SEC. 186. It shall be the duty of the Inspector of Buildings to cause a careful inspection to be made of all power-driven elevators within the City of Minneapolis as often as four (4) times a year, and of all hand-hoists as often as two (2) times a year, to determine whether said elevators are maintained in a perfectly safe condition and in accordance with the provisions of this ordinance. SEC. 187. No person or persons, company or corporation shall hereafter build or install, or cause to be built or installed, any passen- ger or freight elevator, or rebuild or change, or cause to be rebuilt or changed, any part of the machinery, car, shaft or hatchway, in any building in the City of Minneapolis, until the person or persons, company or corporation shall have filed with the Inspector of Build- ings a statement, or specifications, or both, if deemed necessary by the said Inspector of Buildings, giving all the required information in re- gard to the manner of construction, and the material to be used in or about said machinery, car, shaft or hatchway, and in addition thereto, shall file full working plans when required, and shall apply to said In- spector of Buildings for a permit to perform such proposed work be- fore proceeding therewith. The Inspector of Buildings shall examine such specifications, and the plans if any, and determine whether the work proposed conforms with the provisions of the ordinances of the City of Minneapolis rela- tive thereto, and is a safe and proper construction, and if found so he shall grant a permit therefor. SEC. 189. It shall be unlawful for any person or persons, com- pany or corporation, owning, or having the care or control of any ele- vator, to use or to permit the same to be used after the Inspector of Buildings has, by written notice served at the residence or place of business of such person or persons, company, or corporation, de- clared the said elevator to be in an unsafe or dangerous condition, and the person or persons, company or corporation, being duly notified as above provided of the unsafe or dangerous condition of any elevator over which they have charge or control, shall at once proceed to put said elevator in a safe condition, and shall notify the Inspector of Build- ings by whom or by whose deputies the said repairs or changes must be re-inspected and approved before it shall be lawful to again put said elevator into service. Unsafe ele- vators to be put in safe condition. Notice to Inspector, when done. Installation, repair or alteration of SEC. 190. Any contractor, or any other person or persons, com- must comply pany or corporation having charge of the construction, erection, in- elevators with ordi- nance. - MINNEAPOLIS BUILDING ORDINANCES. 289 • BUILDING ORDINANCE. stallation, repair or alteration of any elevator shall perform all work. and provide all appliances and safety devices connected therewith in strict accordance with the provisions of the ordinance of the City of Minneapolis relative thereto. SEC. 191. Every elevator must be located, constructed and in- stalled, where practicable to do so, in such a manner as to give to the elevator inspector easy and safe access to all of its principal parts. SEC. 192. All elevators used for carrying passengers shall have their hatchways surrounded by substantial vertical inclosures, the same to be made flush with hatchway on every floor and to be continuous from floor to ceiling on open side of car, except the top floor where a height of six (6) feet for such inclosure is sufficient. The inclosure on every other side of the car shall not be less than six (6) feet in height. All inclosure doors must be made to slide, and must be pro- vided with a lock and so arranged that the said doors cannot be opened Lock of. from the outside of the hatchway except by a key, and said doors shall when to be at all times be securely closed before starting car. Inclosure to slide. closed. Grillwork. All grill-work around elevator hatchway shall be securely braced and kept in thorough repair. SEC. 193. All freight elevator hatchways or shafts in any build- ing in the City of Minneapolis shall be protected and inclosed on all floors by a substantial frame-work not less than four (4) feet and six (6) inches in height, and all approaches and entrances to any such hatchway or shaft shall be provided with automatic or self-closing gates. Provided, however, that if the speed of any such elevator ex- ceeds seventy-five (75) feet per minute, said gate shali not be made. full automatic. Principal parts of ele- vators to be readily accessible. Passenger elevator hatchways, how en- closed. Height of enclosure. SEC. 195. Every passenger elevator car hereafter constructed shall have its framework made of metal, put together in a workman- like and substantial manner, and no inferior materials shall enter into its construction. Freight ele- vator hatch- way, how inclosed. Height of inclosure. Automatic gates. inclosed by shaft or Where the elevator is inclosed by partitions or is constructed Elevators within a brick or fireproof shaft or hatchway, the doors to such shaft partitions, or hatchway shall not be deemed sufficient protection, but all such fire-proof approaches to such shaft or hatchway shall be provided with auto- hatchway. matic or self-closing gates; unless the elevator is in charge of and Automatic operated by a regular operator, in which case the above mentione Exception. doors shall be provided with spring locks which cannot be unlocked Spring locks, from the outside of the shaft or hatchway except by a key. (As amended April 14, 17, 1905, 31 C. P. 202.) gates, when. when. SEC. 194. All passenger elevators shall have at least four (4) hoisting cables, except that those passenger elevators the hoisting ca- bles of which wind around a drum, may have only two (2) hoisting cables if the cab is counterweighted separate from the drum. All counterweights shall have two (2) cables. All cables shall be provided Equalizers with suitable equalizers to equalize the bearings and each separate cast- ing for the counterweights shall be securely fastened to the rods sup- porting it. required. Hoisting and weight counter- cables, how many. elevator car. Passenger How con- structed. Automatic down speed SEC. 196. Every passenger elevator shall be provided with an antomatic down speed governor and no elevator shall have a greater governors. working speed than six hundred (600) feet per minute. 290 MINNEAPOLIS BUILDING ORDINANCES. Passenger cars with more than one exit to have inside doors. Passenger elevators, definition of. SEC. 198. No person or persons, company or corporation shall employ or allow any persons under eighteen (18) years of age to years of age. operate any power-driven elevator under their control. Operators to be not less than 18 Automatic trip or slack-cable stop, and SEC. 199. All elevators not designed for freight service exclu- sively shall be classed as passenger elevators, and shall be subject to all of the provisions of this ordinance relative to passenger elevators. SEC. 200. All power-driven elevators, the cables of which wind. around a drum, shall be provided with an automatic trip or slack-cable- stop, and with an automatic brake of sufficient strength to hold the car brake, when. and its load at any point of its travel. automatic SEC. 201. All power-driven elevators shall be provided with automatic terminal stops on the machine and on the shifting-cables. SEC. 202. All electric brakes must be applied by breaking the Automatic terminal stops, when. Electric brakes, how applied. Down speed governors on power-driv- Hoisting cables on freight ele- vators, how many. Sheaves and drums. size of. Cables, how constructed. current. SEC. 203. All power-driven elevators, whether passenger or freight, the speed of which exceeds sixty (60) feet per minute, shall be en elevators, provided with automatic down speed governors. when. Safety de- vice on cable-hoist- ed elevators, when. SEC. 204. Every elevator car or platform, cable-hoisted, that runs on guides shall be provided with an approved safety device which will prevent the car from falling in case the cables break or the ma- chinery breaks or gets out of order. SEC. 205. All freight elevators shall be provided with not less than two (2) hoisting cables and shall have suitable equalizers to equalize the bearings. SEC. 206. All sheaves and drums for hoisting and counterweight cables shall not be of less diameter than twelve (12) times the cir- cumference of any cable used on such sheaves or drums. Head room above elevator cars. BUILDING ORDINANCE. Guides and guide posts. Pit of shaft, depth of same. SEC. 197. After the passage of this ordinance, no passenger ele- vator shall be installed with, or be so altered as to have, more than one entrance to or exit from the car, and every passenger elevator already installed with more than one entrance to or exit from car shall be provided with a sliding door on the inside of the car on each such en- trance or exit, and each of such doors shall be securely closed before the elevator is put in motion. Clearance of counter- weights. SEC. 207. All hoisting or counterweight cables used on elevators shall be metallic cables with hemp centers. SEC. 208. All elevators shall hereafter be installed in such a manner that when the floor of car or platform is level with the top landing there shall be at least two (2) feet of clear head-room be- tween highest point of car and the lowest point of over-head con- struction, when the speed of the car does not exceed two hundred (200) feet per minute; and for any additional speed, this clearance shall be increased at a ratio of twelve (12) inches to every additional one hundred (100) feet per minute. The guides and guide posts shall extend to the under side of over-head construction. All elevator shafts shall have a pit so constructed as to allow a free clearance of at least twelve (12) inches when the car or platform is level with the bottom landing, and when the speed of the car exceeds one hundred (100) feet per minute the depth of pit shall be increased at a ratio of twelve (12) inches to every additional one hundred (100) feet of speed per minute. And in each instance the counterweights shall MINNEAPOLIS BUILDING ORDINANCES. 291 BUILDING ORDINANCE. have the same clearance at the top and bottom of the shaft as here- inbefore provided for car or platform. (As amended April 14, 17, 1905, 31 C. P. 202.) SEC. 209. Freight elevators of over six thousand (6,000) pounds capacity and with platforms over fourteen (14) feet in length shall have a double set of guide-posts. SEC. 210. It shall be unlawful to install any power-driven ele- vator in the well-hole of any stairway unless there be a fireproof wall between such elevator and the stairway, said wall to extend at least two (2) feet above the level of the roof of the building. Provided, however, that this section shall not apply to elevators installed in fire- proof buildings. SEC. 211. Within six months after the passage of this ordinance, there shall be installed on every vertical hydraulic elevator in the City of Minneapolis a mechanical or electrical device which will ring an alarm in the elevator hatchway or shaft and also at or near the pumps that force the water to the tanks. Said device shall be so arranged Arrange- that said alarm will ring before the water or pressure becomes low enough to allow the elevator to fall. ment of. SEC. 212. The Inspector of Buildings, or his deputies, shall en- ter in a book to be kept for such purposes a detailed statement of the inspections. results of the inspection of all elevators, which shall show the date of such inspection, the weight the elevator will safely carry, and such other facts as may be necessary to determine whether such elevator is constructed and maintained in accordance with the provisions of this ordinance. Double set posts, when. of guide- built in Elevator well-hole, when. Tank annun- stalled, ciators in- when. Record of elevator SEC. 213. The Inspector of Buildings and his Assistant Elevator Inspectors shall have the power and they are hereby authorized to enter any building within the City of Minneapolis without hindrance from anyone, for the purpose of examining elevators and for the en- forcement of the provisions of this ordinance, whenever the same may be deemed necessary, and the engineer and operator having charge of any elevator shall assist such Inspector or Inspectors to such an extent that he or they may be able to make a careful and thorough examination of every portion of the operating machinery connected with any such elevator. recorded. SEC. 214. In case of any accident to any elevator, or to its operat- Accidents to ing machinery, or to any passenger thereon, or to the operator thereof, be reported it shall be the duty of the owner, agent, operator and engineer of such and elevator, and each of them, to immediately report such accident to the Inspector of Buildings, and it shall be the duty of the Inspector of Examination Buildings, or his deputies, to immediately make an examination into the of cause of said accident and to record a full and detailed report thereof in a book to be kept for that purpose. as to cause Powers of inspectors. to enter Authority buildings. Engineer and operator in charge to assist. PART 24. Plumbing. be SEC. 215. No person or persons shall hereafter construct, extend. Plumbers alter, disconnect, or repair any plumbing work or house drainage or licensed. construct cesspools, or construct or connect any house drainage with 292 MINNEAPOLIS BUILDING ORDINANCES. Plumbers shall obtain a permit. permit issues. SEC. 216. Every plumber before doing any plumbing work, ex- cept in case of repairs, and repairs are defined to consist of repairs of leaks in drains, soil, waste and vent pipes and repairs on faucets, valves and water supply pipes, shall file with the Inspector of Buildings a statement showing the work to be performed and shall obtain a permit therefor from said Inspector of Buildings, and no part of such work No work to be done until shall be executed until the Inspector of Buildings has issued such per- Buildings shall be connected with sewer or cess-pool, when. Cess-pool, location of. Each build- ing shall be independent- ly plumbed. Plumbing and ventila- tion to be separate. Flat build- ings, etc. Private stable. Soil pipe to be extra heavy. Weight of pipe. Fittings and pipe shall be fastened and laid or sus- pended, how. Clean-out connection or hand-hole, SEC. 219. That portion of the house drain which is inside the walls and underneath the building, and extending three (3) feet out- side the area or foundation walls, shall be constructed of what is known to commerce as extra heavy cast iron soil pipe, and with extra heavy fittings, the weight of pipe to be as follows: Two (2) inch, five (5) pounds per foot; 3 inch, 9 pounds per foot; 4 inch, 12½ pounds per foot; 5 inch, 16½ pounds per foot; 6 inch, 19½ pounds per foot; 7 inch, 26½ pounds per foot; 8 inch, 33 pounds per foot; 10 inch, 44½ pounds per foot; 12 inch, 53½ pounds per foot. All cast iron coated, how. pipe to be coated with coal tar varnish or oxidized by the Baur-Barff Pipe to be process, or any coating equally as good. required. where. Size of. BUILDING ORDINANCE. Drains. Fall of. Special per- mit, when. sewerage or cesspools, for a fee or other reward paid to him or them or to any other person or persons, firm or corporation for such work, or engage in the plumbing business in any of its branches, unless he or they shall first obtain a license as a plumber or plumbers from the City Council. mit authorizing said work to be done. SEC. 217. Every dwelling house, hotel, apartment house, tene- ment house, factory, store or other building in which plumbing is to be installed shall be connected with the city sewer, when such sewer is provided; and when such sewer is not provided, with a cesspool in a location to be approved by the Commissioner of Health. SEC. 218. The plumbing and ventilation in every building, from the roof to the outside of foundation walls, shall be separate and in- dependent from the plumbing and ventilation in adjoining buildings; every flat building, apartment house, hotel, factory, church, hall, opera house and stable shall be construed as one building; provided that pri- vate stables may be connected with the house drain. SEC. 220. Fittings and pipe shall be securely ironed to the walls, laid in trenches of uniform grade, or suspended from the floor-timbers by strong iron hangers, to be approved by the inspector. In all cases. a brass clean-out connection or hand-hole fitting shall be placed in drain, near the exit of drain in the building and placed in an accessible position. The ends of all drains or branch-drains shall be provided with a brass clean-out connection or hand-hole fitting, of a size not less than two (2) inches, and placed in an accessible position. All clean-cut openings shall be fitted with brass screw-caps not less than one-eighth (%) of an inch in thickness and said screw- caps must be made with a solid square nut on top of cap. amended April 14. 17. 1905. 31 C. P. 202.) (As SEC. 221. Drain and soil pipes shall have a uniform fall of not less than one-eighth (%) of one (1) inch per foot toward the sewer or cesspool; when such grade cannot be obtained, a special permit may MINNEAPOLIS BUILDING ORDINANCES. 293 BUILDING ORDINANCE. SEC. 222. be obtained from the Inspector of Buildings for a less fall per foot if he deems the same to be a proper and safe construction. No privy or cesspool shall be connected with the sewer or house drain. All drains shall be run as direct as prac- ticable; changes in direction shall be made with regular fittings, and connections shall be made with "Y's" or sanitary "T's." SEC. 223. Soil pipes receiving the discharge from one or more water closets shall be extra heavy cast iron soil pipes, the same as specified for drains, and not less than four (4) inches in internal diameter, and shall continue of undiminished size to the roof of the building, above and away from any opening or window, and shall be left open at the top. Such soil pipe shall extend at least twelve (12) inches above the roof, the top to be incased with a pipe, leaving a space of at least one (1) inch between the outside surface of soil-pipe and the inside surface of casing; casing to extend from top of soil pipe down the roof on all sides and to be made tight at the top, or when soil or vent pipes are run in, up and out of a heated flue, the casing may be omitted. 2 SEC. 226. When two (2) fixtures connect into one (1) vent, such connection shall be made with not less than one and one-half (1½) inch pipe, and for three (3) fixtures, not less than two (2) inch pipe. And for water closets not less than two (2) inch pipe for forty (40) feet or less, and two and one-half (22) inch pipe to be used for an additional twenty (20) feet. Provided, that vent pipes for three (3) or more fixtures with waste three (3) or four (4) inches in diameter, shall not be less than three (3) inch for twenty (20) feet or less over twenty (20) feet. four (4) inch. Privies and cess-pools connected SEC. 227. Vent pipes shall be run straight and as direct as prac- ticable, and with a grade to avoid trapping of condensation, but in all cases where vent pipes connect to soil pipes, such connections shall not be less than two (2) feet above the highest fixture. Vent pipes may be run out separately through the roof and shall be incased the with sewer. Drains, how pipes. SEC. 224. No waste pipe shall be less than one and one-fourth waste (14) inch for one fixture, and not to exceed two (2) fixtures; one and one-half (12) inches for three (3) fixtures, and not to exceed six (6) fixtures. Size of. run. Soil pipe. Kind of. Diameter of. Location of. To extend 12 inches Lead waste or vent pipes shall not be of less weight than the grade Weight of. known as Extra Light. In no case shall the waste pipe from any other fixture connect to the house side or in the seal of any trap; such con- nection shall be made so that the discharge of the waste shall not dis- turb the seal of any trap. All waste pipes two (2) inches or less in diameter shall be of lead or extra heavy cast iron. No refrigerator or other receptacle in which provisions are stored shall be connected with the drain, soil, waste or vent pipes, or dis- charge upon the ground beneath the building, but in every case there shall be an open trapped tray beneath the refrigerator. The waste must discharge into a sink or other fixture. SEC. 225. Standard wrought iron pipe and the fittings thereon may be used for the extension of soil-pipes above all fixtures and for ventilation pipes. above roof. Top to be how. incased, Connections, where made. Kind of pipes. Refrigerat- be connect- ors, not to ed with drain-pipe, etc. Wrought and fittings. iron pipes when used. Vent pipes. Size of. Vent pipes to be run straight, etc. Connections with soil pipe. How run through roof. 294 MINNEAPOLIS BUILDING ORDINANCES. To be in- cased, how. Size of. Steam ex- haust, etc., not to be connected with sewer, drain-pipe, etc. Discharge of, where. Chimney flues not to be used for ventilation, etc. Joints, how Size of vents. Trap screw where placed. SEC. 229. All joints in cast-iron pipes shall be packed with picked oakum, and run with molten lead, well caulked. SEC. 230. Connections of lead pipes with those of iron shall be Connections, made with brass ferrules, brass soldering nipples or brass soldering How made. No slip joints or washers allowed. unions, of a size not less than that of the lead pipe, with properly wiped joints and calked or screwed to the iron pipe. Provided, how- ever, that no slip joints or washers shall be used on vent connections. (As amended April 14, 17, 1905, 31 C. P. 203.) Fixtures to SEC. 231. Every sink, bath-tub, basin, water-closet, urinal, every be independ- set of wash-trays, every set of basins and every fixture having a waste- ently trapped. Traps, how protected. pipe, shall be separately and independently trapped with a water-seal- ing trap, placed as near the fixture as practicable; traps shall be pro- tected from syphonage and air pressure by a special air or vent pipe, and of a size not less than the waste pipe up to and including two (2) inches. Over two (2) inches and not exceeding four (4) inches not less than two (2) inch vents shall be used. Each vent pipe shall have a trap-screw soldered into it, and not more than six (6) inches above where it connects with the trap; such connections shall not be made on the crown, but kept back on drain side not more than two (2) inches and made with a "Y" joint where practicable, and shall extend two (2) feet above the fixture it serves before connecting with other vent pipes. Three or more closets on same run. Vent where placed. Size. Additional vent pipes, when. Special air- vent omit- ted, when. Trap screw omitted, when. BUILDING ORDINANCE. same as soil pipe going through the roof, or when run in, up or out of a heated flue, the casing may be omitted. No pipe going through the roof to be less than two (2) inches in diameter. No steam exhaust, blow-off pipe, or drip-pipes shall be connected with sewer or any drain, soil-pipe, waste-pipe, vent-pipe or rainwater pipe, but must discharge into an open tank or condenser, from which a safe connection to the sewer or house-drain may be provided. SEC. 228. Sewer, soil-pipe, waste-pipe or ventilation pipe shall not be constructed of brick, earthenware or sheet metal, and chimney flues shall not be used for such ventilators. Provided, however, that where three (3) or more water closets are set on the same horizontal run, the vent may be returned from the highest point of said run with a grade of at least one-quarter (4) of an inch per foot, and connected to the soil pipe at least three (3) feet above the highest fixture. Said vent pipe shall not be less than three (3) inches in diameter where there are three (3) closets on the run, and shall not be less than four (4) inches in diameter where there are more than three (3) closets on the run. Where there are more than three (3) closets on the run, additional vent pipes shall be run from said soil pipe connecting with the above mentioned vent pipe for every two (2) additional closets on said run. (As amended April 14, 17, 1905, 31 C. P. 203.) SEC. 232. Provided, however, that the special air pipe may be omitted from water-closets where no other waste pipe connects with soil pipe at a point higher than the connection of said closet, but in such case one (1) closet only shall discharge into stack through the same opening, and such closet shall be set within two (2) feet of stack, provided, where union joints are used on waste and vent con- nections, trap screw may be omitted. MINNEAPOLIS BUILDING ORDINANCES. 295 BUILDING ORDINANCE. placing of. leaders to SEC. 233. Traps must be placed above floors, or in accessible lo- Traps, cations. No trap shall be placed at the foot of a vertical soil or waste pipe. Rainwater leaders running down on the outside of a building Rainwater shall have a trap before entering the sewer drain or soil pipe. Where be trapped, rain-water leader is to be connected with soil pipe in cellar or base- where. ment, the trap must be placed in cellar or basement in an accessible location. If it is connected with sewer on the outside of building, trap must be inspected and approved by the Inspector of Buildings. SEC. 234. Rain water leaders, when within a building, shall be extra heavy cast iron soil pipe, tarred inside and outside. Connections of rain water pipes with soil and drain pipes shall be on the street side Connections of the lowest fixture in basement or cellar; a soil or ventilation pipe above the highest fixture shall not be used as a rain water pipe; and rain water pipes, when running from a low roof or low eaves, shall have a trap before entering drain or soil pipe. SEC 235. Safe-waste drip, or overflow pipes, from tanks or cis- terns, shall be run to some place in open sight, and in no case shall such pipes connect with drain, soil, waste, vent-pipes or rainwater leaders. SEC. 236. Every water closet or line of water closets shall be supplied with water from a tank or cistern and the flushing-pipe shall not be less than one and one-quarter (14) inches. SEC. 237. No person shall place in any building a whirl-pool wash water closet or pan water closet, or plunger water closet, and when such kinds of closets are found to be out of order, or in any un- sanitary condition, they must be removed. No water closet shall hereafter be installed in any hotel, apart- ment house, tenement house or dwelling in any room that is not provided with a window of at least three hundred (300) square inches in area opening directly to the outside of building or into a well ventilated light shaft or other proper vent to the open air. (As amended April 14, 17, 1905, 31 C. P. 203.) SEC. 238. Where additional fixtures are required, or alterations are to be made, and it is not practicable for them to be constructed in accordance with the provisions of this ordinance, a detailed plan of such additional fixtures or alterations, showing the location of such fixtures and the proposed method of connecting the same with the plumbing system proposed to be altered, changed or added to, shall be prepared by the person or persons desiring such work done, and the such pro- same shall be submitted to the Inspector of Buildings, and if such posed plan is found by him to be safe and sanitary, a special permit may be issued for the performance of such work according to such plan, in the discretion of such Inspector of Buildings. SEC. 239. The Inspector shall be notified when the work is ready for inspection and test, by registering the number of the permit and the location of the work in the Register Book, kept for that purpose at the office of the Inspector of Buildings. All work shall be left un- covered for examination. S SEC. 240. No waste pipes from bath-tubs or wash-basins shall connect into the lead bend under a closet, but in every case shall waste into the soil-stack through a separate opening. Inspection and ap- proval of. Rain water leaders, how made. where. Soil or ventilation pipe not to used for, when. Safe wastes. Where run. Not to con- nect with drain pipe, etc. K Water closets sup- plied, how. Fixtures kinds of. prohibited, Water clos- installed, ets not to be where. Special per- mits grant- ed, when. Plan of fix- tures, loca- tions and connections to be pre- pared and inspector. submitted to Permit to issue, when. Inspector to be notified when work is ready for inspection, how. Work to be left uncov- ered. Waste pipes, where con- how and nected. 296 MINNEAPOLIS BUILDING ORDINANCES. + Tests, how made. Additional test, when. Final test. Certificate Plumbing not to be used, when. of. Vent pipes must have an up-grade. Piping must be removed, when. Cess-pools abolished, when. One trap only be- tween fix- ture and house drain. } etc., con- trary to this ordinance. Penalty. BUILDING ORDINANCE. SEC. 241. The whole system of drain, soil, waste and ventilation pipes shall be filled with water, or subjected to an air pressure of five (5) pounds to the square inch, and in all cases where only a part of the system has been tested at one time, the Inspector shall require an additional test of the whole system, and it shall be absolutely tight. SEC. 245. The discharge from any fixture must not pass through more than one trap before reaching house-drain. Urinals. Floor and SEC. 246. When urinals are placed in any building, the floor and sides around, sides around the urinal shall be covered with non-corrosive, non-ab- how con- structed. sorbing material. Wooden SEC. 247. No wooden laundry tubs shall be placed in any laundry tubs building. prohibited. All floor-drains shall have combination of back-water valve and Floor drains. trap. Wrought SEC. 248. Nothing herein contained shall prevent the use of standard wrought iron soil or waste pipe with proper fittings, coated may be used. Outside as provided for cast-iron pipe. iron pipe and fittings Plaster of Paris shall not be used in making tests. And after all of the fixtures have been placed in position, and the work completed, a final test equal to the pressure of one (1) inch of water shall be applied, and if found to be tight, and in accordance with this ordinance, the Inspector shall so certify on the back of the permit previously issued by the Inspector of Buildings for such plumb- ing work, and no plumbing shall be used until such certificate is made by the Inspector. SEC. 242. All vent pipes must have an up-grade to the roof or point of connection with main vent. SEC. 243. Stone pipe, or any other pipe, when found in any building and not in a sanitary condition, must be removed, and cast iron pipe substituted. SEC. 244. In cases where cesspools have been allowed, they shall, when possible to connect with the public sewer, be cleaned out and filled with fresh earth, and sewer connection made with the house- drain. Violations of ordinance. Each day's continuance a separate offense. No building to be con- No owner, builder, contractor, architect, or any person, shall con- structed, struct, maintain, alter, repair or remove, or cause or permit to be constructed, maintained, altered, repaired or removed, any building in the City of Minneapolis contrary to the provisions of this ordinance. SEC. 251. Any person who shall violate any provision of this ordinance shall, unless herein otherwise provided, be subject, upon conviction thereof, to a fine of not less than five dollars ($5.00) nor SEC. 249. No plaster of Paris shall be used to close roof-openings when tests are being made, but an approved testing plug must be used, said testing plug to be furnished and put in place by the plumber. PART 25. Violations, Penalties, Etc. SEC. 250. The continued violation of any provision of this ordi- nance shall be and constitute a separate offense under this ordinance for each and every day such violation of any provision hereof shall continue. A MINNEAPOLIS BUILDING ORDINANCES. 297 BUILDING ORDINANCE. • more than one hundred dollars ($100.00) for every offense, or, upon failure to pay such fine, to imprisonment not to exceed ninety (90) days. SEC. 252. An ordinance entitled "An ordinance to regulate the construction, repairs and removal of buildings in the City of Minne- apolis," approved March 3d, 1884, and all subsequent ordinances amen- datory of said ordinance; and an ordinance entitled "An ordinance to regulate the construction, alteration, repair and removal of buildings within the City of Minneapolis," approved April 1st, 1890, and all subsequent ordinances amendatory of said last mentioned ordinance; and an ordinance entitled "An ordinance to regulate the construction, alteration, repair and removal of buildings within the City of Minne- apolis," approved May 5th, 1899, and all subsequent ordinances amendatory of said last mentioned ordinance, are hereby repealed. Repeal of former ordinances. SEC. 253. This ordinance shall take effect and be in force from Ordinance and after its publication. to take ef- fect, when. 298 MINNEAPOLIS BUILDING ORDINANCES. Compliance with ordi- nance required. Must comply with ordi- nance, when. No theater, etc.. to be opened until approved by inspector and chief engineer of fire depart- ment. Mayor may close same, when. Certificate of approval. Definitions. Theater. THEATERS, OPERA HOUSES, ETC. An Ordinance to Regulate the Erection, Construction, Alteration and Maintenance, Within the City of Minneapolis, of Buildings Used or Intended to be Used for Theaters, Opera Houses, Auditoriums, and Halls, and all Buildings Used for Public As- semblage of any Kind and for Whatever Purpose, and to Pro- vide for the Proper Equipment with Exits and Stationary Fire Apparatus of all Buildings now or Hereafter Built Within the Said City for Such Purposes; Also to Provide for Proper Exits and Fire Protection in Department Stores, Hotels, Flat Build- ings, Lodging Houses and Factories, Now or Hereafter Erected Within the City of Minneapolis. Passed April 29, 1904. Approved May 6, 1904. Published in The Minneapolis Times May 10, 1904-30 C. P. 218–227. As amended April 17, 1905, 31 C. P. —). The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Every theater, opera house, auditorium or other building intended to be used for theatrical or operatic purposes, or for public entertainment of any kind, where stage scenery and apparatus are employed, hereafter erected or altered, to be used for the purposes above named, shall comply with the requirements of this ordinance. SEC. 2. No building which at the time of the passage of this ordinance is not in actual use for such purposes, and no building here- after erected or altered to be used for such purposes, shall be used for any of the purposes named in Section 1 of this ordinance unless such building complies with the requirements of this ordinance. SEC. 3. No building hereafter erected or altered for any of the purposes named in Section 1 of this ordinance shall be opened to the public until the same shall have been approved by the Inspector of Buildings, nor then until the fire apparatus hereinafter provided for in such buildings shall have been approved by the Chief Engineer of the Fire Department. And the Mayor of the City of Minneapolis shall, if necessary, close for public entertainment any such building and keep the same closed to the public until the said Inspector of Buildings shall have signed a certificate stating that the provisions of this ordinance. have been complied with in such building, and until the said Chief Engineer of the Fire Department shall have also signed a certificate. stating that the fire apparatus in said building has been approved by him. SEC. 4. A theater shall be taken to mean a house used or intended for the presentation of dramatic performances; a playhouse, compre- hending the stage, the pit, the boxes, balconies, galleries and or- chestra. ! MINNEAPOLIS BUILDING ORDINANCES. 299 THEATERS, OPERA HOUSES, ETC. An opera house shall be taken to mean a house or theater used Opera house. or intended for the presentation of operas. An auditorium shall be taken to mean that part of any building Auditorium. used or intended for the seating of an audience. A church shall be taken to mean a building set apart for re- ligious worship. Concert halls or public halls shall be taken to mean and include all audience rooms where movable stage scenery and apparatus are not employed. SEC. 5. In all cases under the provisions of this ordinance, when- ever the Inspector of Buildings may deem it necessary for the public safety to limit the number of persons who shall occupy the interior of any building as aforesaid, and the owner or owners, lessee or mana- ger of such building neglects or refuses to comply with any order or requirement of the Inspector of Buildings in relation thereto, the Mayor of said City of Minneapolis, upon application to him by said Inspector of Buildings, may close said building for public entertain- ment, or perform such other acts in the premises as shall prevent the improper use or occupancy of the same and the liability of accidents to the public. And in all other cases of impending danger to any building or its occupants such as shall require immediate action under the pro- visions of this ordinance, the Inspector of Buildings shall, as above stated, apply to the Mayor of the said City, who is hereby authorized to close for public entertainment said premises until the Inspector of Buildings shall permit said building to be opened, upon compliance with the orders and requirements of the said Inspector of Buildings in relation thereto. No portion of any building hereafter erected or altered to be used for the purposes above designated shall be occupied as a hotel, boarding house, lodging house, factory or workshop, or for storage purposes, or for any business classed by the National Board of Fire Underwriters as specially hazardous, and in all cases where stores, offices or other rooms are built in connection with any such building the distance intervening between the main floor of the auditorium and the sidewalk line shall not exceed sixty (60) feet, and there shall be constructed walls of fireproof materials separating such stores, offices or other rooms from said auditorium, and the walls, floors, partitions and ceilings of any such stores, offices or other rooms shall be con- structed of fireproof materials throughout, and there shall not be pro- vided any doors through said fire-walls, connecting with the said auditorium, or with the corridor or passageway from the street to the said auditorium. Church. Concert and public halls. same Mayor may upon appli- cation or inspector. Dangerous buildings. Mayor to close same, when. public SEC. 6. Every building hereafter erected or altered to be used Frontage on for theatrical or operatic purposes, or for auditoriums for public en- highway tertainments of any kind, or other building where stage scenery and required. apparatus are employed, excepting those already erected and at the time of the passage of this ordinance used for the purposes above named, shall have at least one front on the public highway or street, and in such there shall be such means of exit as hereinafter provided for. Exits. etc., to be No theater, used as hotel, etc. from side- Distance walk line. Fire-proof walls, etc. No doors fire-walls, through when. 300 MINNEAPOLIS BUILDING ORDINANCES. Open spaces on side of building. How con- structed. Separate corridors, when. Fire-proof walls, floors and ceilings. Width of open spaces. When not required. } Height of corridors. Structures over corridors. Gates and doors to open outward. Arrange- ment of. . Not to be kept locked. How fastened. To be open during performance. Open spaces to be used as exits only. No obstruc- tions during performance. Gradients, how con- structed. The width of such open space or spaces and of such corridors shall not be less than seven (7) feet in the clear in any part thereof, where the seating capacity of the building is more than six hundred (600) people and less than one thousand (1,000) people; where the seating capacity of the building is more than one thousand (1,000) people and less than two thousand (2,000) people, the said open space or spaces shall not be less than eight (8) feet; where the seating capacity of the building is more than two thousand (2,000) people, one (1) foot shall be added to the width of each such open space or corridor for every five hundred (500) people or part thereof in excess of two thousand. Provided, however, that the open space or spaces above provided for shall not be required for the above named buildings if their total seating capacity is less than six hundred (600) people and if there are provided exits to the street equal in their total width. of opening to at least twenty-two (22) inches for every one hundred (100) people or part thereof that the buildings will seat, and said Fire escapes buildings shall be provided with such fire escapes as the Inspector of required. THEATERS, OPERA HOUSES, ETC. And provided, further, that there shall be reserved for use and service as emergency exits, in addition to the said exit in front of the building, an open space or alley on each side of the building, where said building is not located on a corner lot, and on the side not border- ing on the street where said building is located on a corner lot, said open space or spaces shall be open to the sky and shall begin on a line with or near the proscenium wall of the stage and shall extend at least throughout the length of the auditorium proper, to a line with or near the wall separating the same from the lobby, foyer or vestibule. In all cases where the open space or spaces above provided for do not ex- tend to a street or public alley, a separate and distinct corridor shall be built from each such open space to a street or public alley, with continuous walls, floors and ceilings of brick or other fireproof mate- rials, extending the entire length of said corridor. Buildings may deem necessary for the public safety. If corridors are constructed as above specified, they shall not be less than twelve (12) feet in height in the clear, and any structure erected over or above any such corridor shall be constructed of fire- proof materials. If any gates or doors are used to close such corridors or open spaces from the street, they shall open outward and shall fit into pockets, all so arranged that the openings through said gates or doors shall equal in width the corridors or open spaces leading thereto. Such gates or doors shall not be kept closed by locks, but shall be fastened on the inside with simple, movable bolts, and during each and every performance or entertainment in said building said gates or doors shall be kept open. Said open spaces or corridors shall not be used for storage or for any purpose whatsoever, except for exits, and must be kept free and clear of all obstructions during any performance or entertainment with- in the building. To overcome any difference of level in and between the sidewalk and said open spaces or corridors, gradients shall be employed of not over one (1) foot in twelve (12) feet, with no perpendicular risals MINNEAPOLIS BUILDING ORDINANCES. 301 } THEATERS, OPERA HOUSES, ETC. except one (1) step, if necessary, to the sidewalk level. This pro- vision in regard to gradients shall also apply to inner courts, corridors, lobbies, passages and aisles, wherever the use of gradients is prac- ticable. SEC. 8. All interior walls and partitions shall be of fireproof materials and their construction shall be subject to the approval of the Inspector of Buildings. - SEC. 7. Exterior walls of all buildings used or intended to be used as theaters, opera houses, or auditoriums, or other buildings de- signed for public entertainment where stage scenery and apparatus To be of are employed, shall be built of fireproof material, and shall conform materials. as to thickness and strength to the ordinances of the City of Minne- Thickness. apolis. SEC. 9. A brick fire-wall not less than sixteen (16) inches in thickness, and thicker, where required by the Inspector of Buildings, shall separate the auditorium from the stage, and shall extend at least four (4) feet above the stage rcof, or the auditorium roof if that be higher at that point. Said fire-wall shall be coped with stone or with Portland cement. Above the proscenium opening, there shall be placed an iron or steel girder, thoroughly protected with fireproof materials; said girder to be of sufficient strength and to have proper bearings to safely sup- port the load that may be imposed thereon. Should there be constructed an orchestra above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire-wall, and shall be entered only from the audito- rium side of said fire-wall. There shall not be any opening through the said fire-wall, except the curtain opening and not to exceed four (4) others, two of which may be below the stage, and two on a level with the stage, one on either side of the curtain opening. Neither of the four (4) openings above provided for shall exceed twenty-one (21) square feet in area, and all such openings shall be provided with fireproof doors of such material and construction, and installed in such a manner, as is ap- proved by the National Board of Fire Underwriters. Same to in- ner courts, etc., when. If the curtain is made of pure asbestos, it shall weigh at least two and three-fourths (234) pounds per square yard. Such curtain shall be at least thirty-six (36) inches wider than the proscenium open- ing, overlapping the proscenium wall at least eighteen (18) inches at each side of such opening, shall be fastened at both top and bottom to an iron pipe at least one and three-fourths (134) inches in diameter, or between iron straps of sufficient size, and shall be supported and operated by wire ropes passing over iron pulleys. Which ever kind of curtain is used, it shall be so arranged that it can be easily operated from the fly-galleries and from either side of Exterior walls. Interior walls, to be and ap- proved by inspector. Proscenium thickness. Height of. Coping. Girder above opening. proscenium strength of. Orchestra above proscenium. Where con- structed. Where entered. Openings through fire-wall. where located. Area of doors, how Fire-proof installed. SEC. 10. No wood or other inflammable materials shall enter into Proscenium the construction of the frame around the proscenium opening, and such frame shall be firmly secured to the proscenium fire-wall. SEC. II. The proscenium opening shall be provided with a fire- proof curtain of pure asbestos, or of steel, or of a combination of steel and asbestos. frame. No wood, etc., allowed in same. Proscenium how secured. fire-proof curtain. Asbestos curtain. Weight of. width of. How fas- tened. How sup- operated. Curtain to ily, etc. operate eas- 302 MINNEAPOLIS BUILDING ORDINANCES. THEATERS, OPERA HOUSES, ETC. the stage, and the construction and installation of such curtain shall be subject to the approval of the Inspector of Buildings and of the Chief Engineer of the Fire Department. The fireproof curtain shall be raised at the commencement of each performance or entertainment and lowered at the close of the same. The foot-lights shall be placed at a distance of at least three (3) feet from curtain. from said curtain at their nearest point, and the foot-light trough shall be constructed subject to the approval of the Inspector of Buildings. Foot-lights, distance of Approval of inspector and chief engineer. When to be raised and lowered. Foot-light trough. Skylights or ventilating shafts over stage, area of. How in- stalled and fitted up. To be ap- proved by inspector. Stage-floor, how con- structed. Fly-gal- leries and rigging lofts, how con- structed. Outside stairway or landing. Stairway area, pro- tection of. Auditorium, height of floor above street. Street vestibule. SEC. 12. Skylights or a ventilating shaft, or shafts, of an area, or combined area equal to at least one-tenth (1-10) of the stage area shall be installed in the roof above the stage. Such skylights or shafts shall be installed and fitted up in such a manner that in case of fire in rear of proscenium wall the cutting or burning of a hempen cord would cause such skylights or the dampers to such shafts to open instantly. The method of installing and operating said skylights or ventilat- ing shafts shall be subject to the approval of the Inspector of Build- ings. SEC. 13. All that portion of the stage floor not directly back of the curtain opening shall be of fireproof construction, a finish-floor of wood being allowable on the top of said fireproof construction, and that portion of the stage floor directly back of the curtain opening, if not of fireproof construction, shall have a wooden floor at least three and one-half (32) inches in thickness. SEC. 14. All structural work of the fly-galleries and rigging- loft shall be of iron or steel, and all floors of said galleries shall be of fireproof materials throughout. Stairs to fly-galleries and base- ment, to be of fire-proof material. Width of. Dressing rooms, to be of fire-proof SEC. 16. The walls, floors, partitions and ceilings of all dressing rooms shall be of fireproof construction, and such dressing rooms shall not communicate directly with the stage except through doors of construction. fireproof material, and shall also be provided with exits as required How to con- by the Inspector of Buildings. nect with stage. Exits. Door from basement under stage, to be fire- proof, open outward, etc. SEC. 15. All stairs to fly-galleries, and to the basement under the stage, shall be of iron or other fireproof material, and no such stairs shall be less than two (2) feet and six (6) inches in width. There shall be provided, in all cases, a fireproof door three (3) feet in width, opening outward from the basement under the stage onto an outside stairway of fireproof construction leading to the open space hereinbefore provided for, or to a landing between the building and the sidewalk if such stairway be on the street side of a theater building located on a corner lot or lots, and the area of each such stairway shall be protected above the ground with a strong iron railing at least three (3) feet in height and with a strong movable bar ex- tending across the approach to stairway. SEC. 17. The ground floor of the auditorium, where it connects with the lobby or foyer, shall not be at a greater height above or below the street level than a gradient from the street vestibule of one (1) foot in ten (10); said street vestibule to be not more than one (1) step above the grade of sidewalk at the central entrance point, and in no case to be below the grade of said sidewalk. MINNEAPOLIS BUILDING ORDINANCES. 303 THEATERS, OPERA HOUSES, ETC. where. SEC. 18. All materials used for floors, balconies, galleries, roofs, Construction ceilings and partitions in such buildings, unless herein otherwise pro- proof, vided, shall be of iron or steel and fireproof materials, not excluding the use of wood boards and the necessary sleepers to which the same may be fastened, but by such sleepers is not meant timbers of support. Nothing herein contained shall exclude the use of wooden wainscoting to a height of not to exceed six (6) feet. The front of each balcony or gallery shall be constructed of fire- proof material throughout, except that the coping or capping may be of wood. SEC. 19. All seats in the auditorium, except those contained in the boxes or loges and galleries, shall not be less than thirty-two (32) inches from back to back, measured in a horizontal direction, and shall be firmly secured to the floor. No seat in the auditorium shall have more than six (6) seats intervening between it and the adjacent aisle, and there shall be an aisle at each end of every row of seats, containing more than six (6) seats. All platforms in balconies, formed to receive seats, shall be not more than twenty-one (21) inches in height of riser and not less than thirty-two (32) inches in width of platform. The ascent of seats in any gallery from front to rear shall not be at a greater angle than forty (40) degrees with the horizontal plane, and no platform formed to receive such seats shall be less than twenty-eight (28) inches in width. Such platforms may be of wood, placed on top of the fireproof construction. SEC. 20. All aisles on the respective floors in the auditorium, having seats on both sides of the same, shall not be less than three (3) feet in width where they begin and shall increase in width toward the exits in the ratio of one and one-quarter (14) inches to every five (5) running feet. Aisles having seats on one side only shall not be less than two and one-half (22) feet in width at their beginning and shall be increased in width the same as aisles having seats on both sides. SEC. 22. The main exits from the auditorium shall be at the end of the building opposite the stage. The doors of all exits in any such building shall swing outward. No exits shall be less than five (5) feet in width, except as herein specially provided, and there shall be pro- vided exits at least equal, in their aggregate width of opening, to the aggregate of the greatest widths of those several aisles the discharge from which is taken care of by such exits. There shall be separate and distinct exits, for the main floor, balconies and galleries, opening into a common lobby, or to the street, and the width of said lobby, and of the exits therefrom, shall at least equal the combined widths of all stairways, corridors and passageways opening directly into such lobby. SEC. 23. There shall be at least one (1) exit on each side of the stage, not less than four (4) feet in width, leading to the street or alley, or to the open spaces hereinbefore provided for. Wooden wainscoting. Front of balcony or gallery, how constructed. Seats and platforms. Seats, dis- tance of apart. Intervening jacent aisle, between ad- how many. - balconies, Platforms in height of. Angle of ascent. SEC. 21. Gradients, or inclined planes, shall be employed instead Gradients, of steps to overcome any difference of level in or between aisles, passages or corridors, wherever it is practicable, in the opinion of the Inspector of Buildings, to use them. when employed. Width of platform. struction. Wood con- Aisles, width of. Main exits, where located. Doors to outward. Width of swing exits. exits, where Separate required. width of lobby and exits. Stage exits, located. where Width of. 304 MINNEAPOLIS BUILDING ORDINANCES. Emergency exits, num- ber, location and width. To open into open spaces. Emergency exits from balcony and gallery. Outside balcony. Iron stairway. How con- structed. Landing. Strength of stairway hand-rail, approval of inspector. Exits to be centrally located. Cross aisle. Outside doors, how covered. Additional cross aisles, when. Stairways, how con- structed. Width of. Risers, height of. No winding stairs allowed. Stairway for balcony and gallery, number of, location, and width. Stairway landings. Stairway between walls of masonry, when. Landings, where required. THEATERS, OPERA HOUSES, ETC. SEC. 24. There shall be provided at least two (2) emergency exits on each side of the main auditorium or ground floor, each at least five (5) feet in width. Such exits shall be between the boxes and the foyer and within plain sight of the audience in the main audi- torium, and shall open into the open spaces hereinbefore provided for. An emergency exit at least three (3) feet in width shall be pro- vided on each side of each balcony and gallery. Each such exit shall open onto an outside balcony constructed of iron and at least three and one-half (32) feet in width, and from each such balcony a separate and distinct iron stairway, at least three (3) feet in width, shall lead to the ground. Such stairway shall be constructed with a rise of not over eight and one-half (82) inches to the step and with a tread not less than nine (9) inches in width. The said stairway shall not land on any public street or alley, but if one or more sides of the building borders on such street or alley, the building shall be set back the width of such stairway from the lot line. Such stairway shall be of ample strength and shall be provided with strong hand-rails, and shall be subject to the approval of the Inspector of Buildings. The emergency exits to such stairways shall be as centrally located in their respective balconies and galleries as practicable, and there shall be provided a cross-aisle at least two and one-half (22) feet in width extending across the full width of such gallery or balcony to such exits. The outer side of the doors of all such exits shall be covered with fireproof material. If any balcony or gallery seats more than eight hundred (800) people, then there shall be constructed such additional cross-aisles, exits and stairways as the Inspector of Buildings may deem necessary. SEC. 25. All stairways within the building shall be constructed. of fireproof materials, and shall, unless herein otherwise provided, be at least five (5) feet in width. In no case shall the riser of any stair used by the public exceed seven (7) inches in height, nor shall any tread be of less width than ten and one-half (10%) inches, exclusive of the nosing. No winding stairs shall be allowed in any stairway. There shall be at least two (2) independent stairways, with direct. exterior outlets, provided for each balcony and gallery in the audito- rium, and they shall be located as far apart as practicable. In all cases, the width of such stairways and of the passageways leading thereto shall not be less than twenty (20) inches for each one hundred (100) people accommodated thereby. SEC. 26. At every point where a straight stairway turns directly on itself, a landing, the full width of both flights, and without any steps, shall be provided. All stairways leading to any gallery above the balcony shall be enclosed between walls of masonry. At every point where a stairway turns at an angle, a landing at least the full width of the stairway, shall be provided. No stairway shall ascend to a greater height than eleven (11) feet without a landing, said landing to be level and not less than four (4) feet in length. MINNEAPOLIS BUILDING ORDINANCES. 305 THEATERS, OPERA HOUSES, ETC. SEC. 27. All enclosed stairways shall have, on both sides, strong hand-rails firmly secured to the wall and about three (3) inches distant therefrom, at a height of about three (3) feet above the stairs; but said hand-rails shall not be required on level platforms and landings where the length of such platforms or landings is greater than the width of the stairway or stairways with which they connect. SEC. 28. No corridor, aisle or passageway shall be reduced in width at any place between its point of beginning and the exit to which it leads. SEC. 29. No workshop, paint shop, carpenter shop, general prop- erty or storage-room shall be allowed above the auditorium or stage, or under the same. Said rooms and shops may be located at the rear or side of stage if they be separated from the stage by a fireproof wall, and any opening between them and said stage shall be protected with a fireproof door, or doors, such as approved by the National Board of Fire Underwriters. No coil or radiator shall be placed in any aisle or passageway used by the public as an exit where it will form an obstruction. All supply, return or exhaust pipes shall be properly encased and protected where passing through floors or near woodwork. SEC. 31. Stand-pipes shall be provided, with hose and hose at- tachments, on each side of the building, and the number and location of such stand-pipes shall be determined by the Chief Engineer of the Fire Department. The stage stand-pipes shall have outside connections equipped with couplings of the pattern used by the Minneapolis Fire Depart- ment. Hand-rails for stair- ways, where. Height of. where not required. Corridors, passageways aisles and and property rooms, fire-proof. Location of. Openings, tected. how pro- plant. SEC. 30. If a low-pressure boiler is used in connection with the Heating heating system, the plant may be installed in that part of the building Low-pres- separated by a fireproof wall, or walls, from the auditorium, stage and corridors, but such heating plant shall in any case be installed in a fireproof room, and such room shall not be located under the auditorium, stage or corridors. If there is, in connection with the heating plant, a high-pressure boiler, then said heating plant shall be located in a building or room outside of the building within which such theater, opera house or auditorium is located, and, if adjacent to such theater, opera house or auditorium building, the room containing such heating plant shall be of fireproof construction, and any and all openings connecting such room with the theater, opera house or auditorium building shall be provided with fireproof doors such as are approved by the National Board of Fire Underwriters. sure boiler, where installed. High-pres- sure boiler, where located. Fire-proof construction. Fire-proof Radiators not to be in aisles, etc. Pipes through floors to be encased, etc. Fire Stand pipes, precautions. where. Stage stand- pipe. stand-pipes. The Chief Engineer of the Fire Department shall designate the Size of size of all stand-pipes used, and the size of pipes for sprinkler system, the number of axes and hooks (not less than four of each), the num- Axes, hooks, hose. ber of feet of hose necessary to be provided, the manner in which the sprinkler sprinkler system shall be installed, and the number of Babcock fire- system. fire-extin- extinguishers necessary and where they shall be located. guishers. All the hose in the building shall be tested at least once a year under the direction of the Chief Engineer of the Fire Department, and water shall be run through the hose at least once each month. Hose to be tested, when. 306 MINNEAPOLIS BUILDING ORDINANCES. Defective hose, etc., to be con- demned. Competent men to in- spect fire One or more competent men shall be employed by the manager of each theater building in the city to attend each performance or en- apparatus at tertainment given in the building, who shall perform their duties under per- formance, etc. the direction of the Chief Engineer of the Fire Department. They shall be in the building fifteen (15) minutes before the beginning of each performance or entertainment and shall see that all fire apparatus is in proper order and that all exits are unlocked. They shall remain in the building until the audience has departed from it and shall then make a thorough inspection of every part of the building. (As amend ed April 17, 1905, 31 C. P. —). Duties of. To make daily report. Sprinkling system over stage. Outside connections, how equipped. Approval of engineer. Fire alarm system, where installed. Boxes, number and location. Lighting system. Building to be lighted, where, when, how long. Exception. when. Gas mains. Separate connections, where. Separate lighting system, where. Where con- trolled. Lights in woodwork, when. Stage lights. Guards of, how con- structed. THEATERS, OPERA HOUSES, etc. Any hose or other fire apparatus or appliances which may be found defective shall be condemned by the Chief Engineer of the Fire Department and by him ordered removed. They shall make a daily report to the Chief Engineer of the Fire Department whose duty it shall be to see that the stage hands and other theater employes are given proper fire drill. A sprinkling system shall be installed over the stage under the roof of any building hereafter erected, used for theatrical or operatic purposes, or for public entertainments of any kind where stage scenery and apparatus are employed, which said sprinkling system shall have outside connections equipped with couplings of the pattern used by the Minneapolis Fire Department, and shall be installed subject to the approval of the Chief Engineer of the Fire Department. SEC. 32. In all buildings now or hereafter erected, used for theatrical or operatic purposes or for public entertainments of any kind where stage scenery and apparatus are employed there shall be in- stalled a fire alarm system connected with the headquarters of the City Fire Alarm Telegraph, and the number and location of the boxes in such building and the manner of their installation shall be deter- mined and approved by the Chief Engineer of the Fire Department. SEC. 33. Every portion of the building devoted to the use and accommodation of the public, and all outlets leading to the highway or street, shall be well and properly lighted during every performance or entertainment, and the same shall remain lighted until the entire audience shall have left the premises. Nothing in the foregoing paragraph is intended to prohibit temporarily shutting off the lights in the auditorium during the pro- duction of any act or scene. Gas mains supplying the building shall have separate and inde- pendent connections for the auditorium and stage, and provision shall be made for shutting off the gas from the outside of the building. There shall be a system of lighting for the auditorium, stairs, halls, corridors, passageways, lobbies and vestibules separate and in- dependent from the general system of lighting for the auditorium, and such system shall be controlled only from the foyer or box office, or both. No gas or electric lights shall be inserted in any woodwork unless protected by fireproof materials. All stage lights, if gas, shall have strong metal or wire guards or screens not less than ten (10) inches in diameter, so constructed that any material in contact therewith will be kept at a safe distance from the flame of such light, and all gas lights, wherever the Inspector MINNEAPOLIS BUILDING ORDINANCES. 307 THEATERS, OPERA HOUSES, ETC. of Buildings may deem necessary, shall be protected by similar guards or screens. All electric lights and wiring shall be installed in accordance with the requirements of the ordinance of the City of Minneapolis relative thereto, and subject to the approval of the Inspector of Buildings. SEC. 34. Every exit shall have over the same, on the inside, the word "EXIT" in conspicuous letters not less than six (6) inches in height and with a distinguishing letter as "A," "B," etc., and over each such exit, on the inside, there shall be placed a red light which shall remain lighted until the audience shall have left the premises, and no other red light shall be allowed in the auditorium. On every program shall be printed instructions to the audience as to the location of exits and designating which exit is best available from the different sections of the house. SEC. 35. The aisles, passageways and stairways of all build- ings affected by the provisions of this ordinance, now or hereafter erected, shall be kept clear of camp-stools and chairs, and shall not be obstructed in any manner whatsoever. No person or persons shall be allowed to stand in or occupy any of the aisles or passageways of any such building during any entertain- ment, service, exhibition, lecture, concert or public performance of any kind. SEC. 36. The owner, agent, lessee or manager of any building affected by the provisions of this ordinance shall, unless herein other wise provided, install and maintain such stand-pipes, fire apparatus and fire extinguishers, and shall so arrange the installation of gas and electric lights, and shall provide such exits and stairways, and shall make such other changes as the Inspector of Buildings may deem necessary for the public safety. SEC. 37. Of the foregoing sections of this ordinance, Sections 5, 11, 12, 31, 32, 33, 34, 35 and 36 shall apply to buildings already erected and now used for theatrical or operatic purposes, or for public entertainment of any kind, where stage scenery and apparatus are em- ployed, except as herein otherwise specifically provided. Other gas lights, how protected. Electric lights, etc., how in- stalled. Approval of inspector. marked. Exits, how Red lights, where. Location of printed on exits to be program. Aisles, etc., clear, where. to be kept Persons not to stand in during aisles, etc., performance, Inspector of power of. buildings, to install Owner, etc., stand-pipes, et, as by- quired inspector. Protest of Provided, however, that should the owner, agent, lessee or man- ager of any such building receive written notification from the In- owner, etc. spector of Buildings to provide stand-pipes, fire apparatus and fire ex- tinguishers, or to arrange the installation of gas and electric lights, or to provide additional exits and stairways, or to make other changes, in excess of what he or they may deem necessary for the public safety, then such owner, agent, lessee or manager shall, within three (3) days after receiving such written notification from the Inspector of Buildings, file with the said Inspector of Buildings a written protest stating wherein the requirements of said written notifications are, in their opinion, unnecessary for the public safety; and the said Inspector of Buildings shall present such written protest to the City Council, at the first meeting thereafter held by that body, for investigation and final decision, and it shall require a majority vote of said City Council to sustain such protest. In case such final decision is not rendered at that or the next regular meeting of the said City Council held thereafter, then said written notification from the Inspector of Buildings shall stand as approved by said City Council. inspector, To be filed with when. Protest to be presented to investigate and decide. Notice of inspector to stand- ap- proved, when. what build- ings now affected by going erected are certain fore- sections. 308 MINNEAPOLIS BUILDING ORDINANCES. Adequate means of egress, where to be provided. Aisles, Width of. Churches. Doors to swing outward. SEC. 39. Every church now or hereafter erected shall have the doors of all main exits from the auditorium and from the assembly- rooms of various kinds arranged to swing outward. Seats. The seats in the main auditorium of any such building shall be fastened to the floor, if the seating capacity of said auditorium is more than 300 persons; and no seat shall have more than six (6) seats in- Arrangement tervening between it and the adjacent aisle, allowing twenty-two (22) Fastened to floor, when. of seats. inches to the seat, where pews are used. Main exits, width of. Church floors, Height above ground level. Heating plant of church. Protection of walls and ceiling. Churches fire-proofed, where and when. Revolving doors. Prohibited, when. When allowed. Additional doors to be unlocked. School houses, stairs from basement, where. Width of. Additional exits. Stairways in buildings. Location, number and construction. THEATERS, OPERA HOUSES, ETC. SEC. 38. In all places of public amusement, entertainment, serv- ice, or instruction, also in department stores, hotels, flat buildings, lodging-houses, and factories, already erected or which may be here- after erected, the halls, doors, stairways, seats, aisles, passageways and fire escapes shall be so arranged as to afford proper egress in case of fire, panic, or accident, as the Inspector of Buildings may deem necessary for the public safety. Aisles having seats on each side shall not be less than three (3) feet in width, and aisles having seats on one side only shall not be less than two and one-half (22) feet in width. Main exits shall be provided, of a total width equal to twenty. (20) inches for every one hundred (100) seats in the auditorium, al- lowing, in all cases where pews are used, twenty (20) inches to the seat. SEC. 40. The main floor of any church hereafter erected, seat- ing more than five hundred (500) people, shall not be at a greater height than five (5) feet above the level of threshold of main entrance. SEC. 41. Where the room containing the heating plant of any church now or hereafter erected is not of fireproof construction, the walls and ceiling of such room shall be protected by fireproof materials in a manner approved by the Inspector of Buildings. SEC. 42. No woodwork or other inflammable material shall be used in any of the walls, floor construction, partitions, or stairways of any church, seating more than one thousand (1,000) people, here- after erected. SEC. 43. The use of revolving doors for the exits of department stores, office buildings and halls is hereby prohibited, unless there are provided additional doors of sufficient width, alongside of said re- volving doors. If such additional doors are provided, they shall be kept unlocked and shall be arranged to swing outward. SEC. 44. There shall be provided an outside stairway from the basement of every school-house now or hereafter erected where class- rooms are located in the basement, and said stairway, and the door- way opening onto the same, shall not be less than three (3) feet in width and shall be located as near the said basement class-rooms as practicable. Where such basement class-rooms accommodate more than one hundred (100) pupils, additional exits shall be provided as the Inspector of Buildings may deem necessary. SEC. 45. In all buildings now or hereafter erected there shall be provided stairways in such locations and numbers and constructed of such materials and of such widths, as the Inspector of Buildings may deem necessary for the public safety. MINNEAPOLIS BUILDING ORDINANCES. 309 THEATERS, OPERA HOUSES, ETC. and SEC. 46. No public hall or lodge-room shall hereafter be main- Public halls tained above the third floor of any building now or hereafter erected lodge-rooms. unless such building is of fireproof construction. SEC. 47. Nothing contained in this ordinance shall prohibit the use of any concert hall, complying with the requirements of this and other ordinances of the City of Minneapolis relative to public halls, for entertainments or performances in which stage scenery and ap- paratus for theatrical or operatic purposes are not employed. ums must be SEC. 48. Every building hereafter erected or altered to be used Buildings as a public hall or auditorium accommodating more than eight hundred containing (800) people, and every building hereafter erected containing a pub- or auditori- lic hall or auditorium above the second floor accommodating more than fire-proof, three hundred (300) people, shall have the walls, floors, partitions, when and ceilings, stairways and roofs thereof constructed of fireproof mate- rials approved by the Inspector of Buildings. where. SEC. 49. The Inspector of Buildings and his assistants shall have the right to enter any building affected by the provisions of this ordi- nance and any and all parts thereof at any reasonable time, espe- cially when occupied by the public, in order to examine such buildings and to enforce the provisions of this ordinance, and it shall be un- lawful for any person or persons to interfere with them in the per- formance of their duties. Where main- tained. Concert halls. Use of allowed, when. SEC. 52. No owner, builder, contractor, architect, or other person, shall construct, maintain, alter or repair, or cause or permit to be con- structed, maintained, altered or repaired, any building contrary to the provisions of this ordinance. Authority of inspector of and assist- ants to enter buildings. Unlawful to interfere. SEC. 50. There shall not be admitted within any auditorium at any one time, a greater number of persons than there are permanent seats in such auditorium; and it shall be the duty of the Chief of Police to enforce this provision. Violations. Separate SEC. 51. The continued violation of any provision of this ordi- nance shall be and constitute a separate offense under this ordinance for each and every day such violation of any provision hereof shall offense, continue. what con- stitutes. Chief of police, duty crowding of of to prevent auditorium. Acts pro- hibited. SEC. 53. Any person or persons who shall violate any provision Penalty. of this ordinance shall be subject, upon conviction thereof, to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for every offense, or, upon failure to pay such fine, to imprisonment not to exceed ninety (90) days. Previous SEC. 54. That certain ordinance entitled "An ordinance to regu- late the construction of buildings or structures within the City of Min- ordinance neapolis used or intended to be used for public amusements, instruc- repealed. tion or entertainment of any kind within the City of Minneapolis," passed June 10th, 1887, and approved June 14th, 1887, is hereby re- pealed. SEC. 55. This ordinance to take effect and be in force from and after its publication. To take ef- fect, when. 310 MINNEAPOLIS BUILDING ORDINANCES. Duty of inspector. Notice to owner to take down building. Inspector to take down building, when. Expense, assessment of. BURNED BUILDINGS. An ordinance requiring owners of buildings or other structures, which shall have been destroyed, or partially destroyed by fire or otherwise, to take the same, or any part thereof down to prevent accident. The cost thereof to be assessed on the land on which the same stands. (Passed Dec. 12, 1890. Approved Dec. 15, 1890. Published in the Minneapolis Tribune Dec. 16, 1890—16 C. P. 699.) The City Council of the City of Minneapolis do ordain as follows: . SECTION I. It shall be the duty of the Inspector of Buildings, to notify the owner or agent of any building, wall, or other structure which shall have been destroyed, or partially destroyed by fire or otherwise, to take the same or any part thereof down at once to prevent accident. SEC. 2. In case of refusal or neglect of said owner or agent within twenty-four hours after the date of said notice to take down the same, when ordered by the said Inspector of Buildings, then the Inspector of Buildings shall cause the same to be done at the expense of the owner, the cost thereof to be paid by special assessment on the land on which the same stands, to be collected the same as special assessments made for other purposes under the charter. SEC. 3. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS BUILDING ORDINANCES. 311 ELECTRIC WIRES, ETC. An Ordinance Regulating the Installing, Running and Maintaining of Electric Wires, Apparatus and Plants Within the City of Minneapolis. (Passed March 25, 1904. Approved March 31, 1904. Published in The Daily Times April 6, 1904-30 C. P. 125–155; as amended May 18, 1904-30 C. P. 265.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Inspector of Buildings and his assistant author- Supervision ized as Electrical Inspector are hereby authorized, empowered and di- rected to regulate, determine and have general supervision over all electrical apparatus and machinery, and the stringing, placing and at- taching of electric light and power, telephone, telegraph and all other electric wires of any other nature whatsoever, now or hereafter placed in, over, under, or in any manner directly attached to, any building in the City of Minneapolis, and to inspect and re-inspect all such elec- trical apparatus, machinery and wires, which they consider to be of sufficient importance or hazard to require such inspection, so as to prevent fires, accidents or injuries to persons or property, and to cause all such electrical apparatus, machinery and wires to be so constructed, How con- placed, supported and guarded as not to cause fires or accidents or endanger life or property; and any and all such electrical apparatus, machinery and wires now existing or hereafter constructed and placed shall be subject to such inspection and supervision. structed, etc. systems. Powers and duties of inspector. Provided, however, that no permits or applications for the same will be required for the installation of wires to operate electric bells, Inspection. inspector. SEC. 2. The Electrical Inspector shall be subject to the order and Electrical direction of the Inspector of Buildings and is hereby vested with full authority to enter any building or premises and any manhole or subway at any time in the discharge of his duties, and to pass upon and decide any question arising under the provisions of this ordinance relative to the manner of construction or materials and devices to be used in the erection, alteration or repair of any electrical apparatus, machinery, wires or material. Authority etc. troversies. to enter buildings, Decide con- SEC. 3. No individual, firm or corporation shall enter upon the Permits for erection, construction, alteration or change of any electrical installation, construction. work or wiring in the City of Minneapolis, until proper application has been made to and approved by the Inspector of Buildings; and when required by said Inspector plans and specifications for the pro- Plans and posed work must be filed with him before the permit is granted and specifications during the progress of said work. be filed, when. Permits, required, etc..not when. 312 MINNEAPOLIS BUILDING ORDINANCES. Required, when. Permits required, when. Permits to be issued only to parties operating under state license. Exceptions. Electric work and wiring not to be used until inspected, Inspector to prevent use of, when. Application inspection. Completion of work before ap- proval, etc. for Installation under direc- tion of inspector. To expire, when. ELECTRIC WIRES, ETC. gas lighting apparatus, house annunciators, burglar alarms, telephone, telegraph, district messenger, watch-clock, fire-alarm, or other similar instruments, except that such permits shall be obtained when required by said Inspector of Buildings. When any wiring or apparatus shall be installed in such a manner that the same could be used for electric light or power purposes under the provisions of this ordinance, it shall be deemed that the said wiring or apparatus is to be used for such purpose and permits shall be re- quired and inspections made as provided for such. SEC. 4. No permit for the erection, construction, alteration or change of any electric work or wiring shall be issued by the Inspector of Buildings to any individual, firm or corporation, excepting Inter- state Telephone and Telegraph Companies, not licensed as required by the state law, entitled "An Act to Regulate Persons and Corpora- tions Engaged in Installing or Repairing Electrical Wires and Ap- paratus in Certain Cities of the State of Minnesota and to Provide for Licensing Persons and Corporations to Carry on Said Business," ap- proved April 20th, 1899. SEC. 5.-No electric work or wiring for which a permit is issued or required shall be put to use or connected to service wires or any source of electrical energy until inspected and accepted by the In- spector. And when such electric work or wiring is found to have been in- stalled without a proper permit or not in accordance with the provisions of said ordinance, the Electrical Inspector is hereby authorized and empowered to remove the fuses, cut the wires, or otherwise render the system inoperative until such permit has been secured from the said Inspector of Buildings, and the work or wiring re-inspected and ap- proved by him. ma Applications for inspections shall be filed with the said Inspector of Buildings in a book kept in his office for that purpose. Before any electric work or wiring, done under permits hereafter granted, shall be approved or a certificate of acceptance of the same be granted, the said electric work or wiring must be complete; and in the case of electric wiring must, in addition to the other provisions of the said ordinance, comply with the following requirements: All necessary branch and feeder wires, meter-loops, cutouts, ap- proved cutout cabinets, switches and other materials and devices to be furnished at the time of the installation and to be installed under the direction of the Electrical Inspector, that the installation may be complete and ready for connection with the service. Temporary permit to Provided, however, that while the work of installing, construct- use current, ing, altering or repairing of any electric wiring, or system of electric when. wiring, in any building is in progress, the said Electrical Inspector may, in his discretion, issue to the owner, contractor or other persons desiring to use, temporarily, an electric current in said building a temporary permit, with the specifications therein set out, for the use of such electric current, which permit shall expire when the electrical apparatus or wiring, or system of wiring for such building shall have been fully installed, constructed, altered or repaired, and approved by said Electrical Inspector. MINNEAPOLIS BUILDING ORDINANCES. 313 ELECTRIC WIRES, ETC. SEC. 6. No so-called concealed wiring for which a permit is issued or required shall be lathed over or in any manner concealed from,sight until inspected and accepted by the Inspector. Any person having charge of the erection of any building who causes or allows any wiring, for which a permit has been issued or is required, to be covered by laths or other material before the wiring is inspected and accepted, and any electrical contractor who allows his wires to be so covered without having notified the Inspector at least twenty-four (24) hours previously, shall be subject to the penalty pro- vided in Section 9 for violation of this ordinance. SEC. 7. Any person, except the duly authorized Electrical In- spector, who shall cut, disturb, alter or change, or cause to be cut, dis- turbed, altered or changed, any electric wire, cutout, fuse, apparatus, machinery or material in such a manner as to render the same in- operative, defective or not in accordance with the provisions of this ordinance shall be subject to the penalty provided in Section 9 for violation of this ordinance. SEC. 8. Any and all dynamos, motors, wires, or other machinery, apparatus or material used for electrical purposes which may at any time become so defective as to be likely, in the opinion of the In- spector, to cause fires or accidents or to endanger persons or property, shall be condemned by the Inspector, and when, in his opinion, it is deemed necessary in order to prevent such accident or danger, said Inspector is hereby authorized to disconnect such wires or apparatus, or to cause the same to be disconnected, from service; and upon such condemnation, the person or persons owning or using the same shall immediately cause the same to be put in a safe condition. In case any person or persons owning or using any electric wires, dynamos, motors, or any other electrical apparatus or material of any other nature whatsoever, which have been condemned by the Inspector shall fail to have the same put in safe condition and accepted by the Inspector within forty-eight (48) hours after the same have been con- demned, or within such other reasonable length of time as shall be pre- scribed by the Inspector, then it shall be the duty of said Inspector to remove the fuses, cut the wires or by other means completely discon- nect, or cause to be disconnected, the condemned wires, apparatus or material from the source of electrical energy. K And when any electric wires, dynamos, motors or electrical ap- paratus or material of any nature whatsoever have been in any manner disconnected and rendered inoperative by the Inspector, as set forth in the foregoing provisions, it shall be unlawful for any person or per- sons to in any manner re-connect the same or cause the same to be re- connected to any source of electrical energy or to use the same as a part of any electrical system until they have been put in safe condi- tion and a certificate of acceptance has been issued by the Inspector. SEC. 9. Any person or persons who shall violate any provision of this ordinance or who shall fail to comply with any of its require- ments shall be subject to a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), for each offense, and may be imprisoned until such fine is paid, not exceeding ninety (90) days. Wires not to be concealed before inspection. Penalty for work before inspection. Penalty for disturbing cutting or is, etc. electric wires, Defective and material apparatus, To be con- inspector. demned by connected, To be dis- when. Same to be put in safe condition. Failure to condition. put safe Time limit. Inspector to disconnect same. Unlawful to. re-connect until put in . or use same safe condi- Penalties for violation nance. of the ordi- 314 MINNEAPOLIS BUILDING ORDINANCES. Separate offenses. Rules and require- ments. Conductors, how treated. Security and efficiency, what con- ducive to. Distribution centers. Location of. Division of load, etc. Wire-ways, use of, ELECTRIC WIRES, ETC. SEC. 10. Each and every day's continuance of any violation of said pro- visions of this ordinance shall be and be deemed a separate offense. Rules and requirements for installing, altering or re- pairing any and all electric wires and apparatus coming under the provisions of this ordinance shall be as follows, the same being taken from the National Electrical Code, it being slightly amended and abridged to meet local conditions, and which is hereby made a part of this ordinance: GENERAL PLAN GOVERNING THE ARRANGEMENT OF RULES. Class A. Stations and Dynamo Rooms-Includes Central Stations, Dynamo, Motor and Storage-Battery Rooms, Transformer Substations, etc. Rules I to II. Class B. Outside Work-All systems and voltages. Rules 12 to 13 A. Class C. Inside Work :— General Rules, all systems and voltages. Rules 14 to 17. Constant-Current Systems. Rules 18 to 20. Constant-Potential Systems:- General Rules, all voltages. Rules 21 to 23. Low-Potential Systems, 550 volts or less. Rules 24 to 34. High-Potential Systems, 550 to 3,500 volts. Rules 35 to 37. Extra-High-Potential Systems, over 3,500 volts. Rules 38 and 39. Class D. Fittings, Materials and Details of Construction-All systems and voltages. Rules 40 to 63. Class E. Miscellaneous-Rules 64 to 67. GENERAL SUGGESTIONS. In all electric work, conductors, however well insulated, should always be treated as bare, to the end that under no conditions, existing or likely to exist, can a ground or short circuit occur, and so that all leakage from conductor to conductor, or between conductor and ground, may be reduced to the minimum. In all wiring special attention must be paid to the mechanical execution of the work. Careful and neat running, connecting, solder- ing, taping of conductors, and securing and attaching of fittings, are specially conducive to security and efficiency, and will be strongly in- sisted on. In laying out an installation, except for constant current systems, every reasonable effort should be made to secure distribution centers located in easily accessible places, at which points the cutouts and switches controlling the several branch circuits can be grouped for convenience and safety of operation. The load should be divided as evenly as possible among the branches, and all complicated and un- necessary wiring avoided. The use of wire-ways for rendering concealed wiring permanently accessible is most heartily endorsed and recommended; and this method of accessible concealed construction is advised for general use. * MINNEAPOLIS BUILDING ORDINANCES. 315 ་ ELECTRIC WIRES, ETC. channels Architects are urged, when drawing plans and specifications, to Architects, make provisions for the channeling and pocketing of buildings for and pockets electric light or power wires. for electric light wires, etc. Class A. Stations and Dynamo Rooms-Includes Central Sta- tions, Dynamo, Motor and Storage-Battery Rooms, Transformer Sub- stations, etc. I. GENERATORS. a. Must be located in a dry place. be placed. b. Must never be placed in a room where any hazardous process where not to is carried on, nor in places where they would be exposed to inflam- mable gases or flyings of combustible materials. In case of a machine having an insulated frame, if there is trouble from static electricity due to belt friction, it should be overcome by placing near the belt a metallic comb connected with the earth, or by grounding the frame through a very high resistance of not less than 300,000 ohms. Stations and dynamo rooms. how secured. C. Must be thoroughly insulated from the ground wherever Insulation, feasible. Wooden base-frames used for this purpose, and wooden floors which are depended upon for insulation where, for any reason, it is necessary to omit the base-frames, must be kept filled to prevent absorption of moisture, and must be kept clean and dry. Where frame insulation is impracticable, the Electrical Inspector may, in writing, permit its omission, in which case the frame must be permanently and effectively grounded. A high-potential machine, which, on account of great weight or for other reasons, cannot have its frame insulated from the ground, should be surrounded with an insulated platform. This may be made of wood, mounted on insulating supports, and so arranged that a man must always stand upon it in order to touch any part of the machine. 2. CONDUCTORS. From generators to switch-boards, rheostats or other instruments, and thence to outside lines. Generators. Where located. a. Must be in plain sight or readily accessible. b. Must have an approved insulating covering as called for by rules in Class "C" for similar work, except that in central stations, on exposed circuits, the wires which are used must have a heavy braided, noncombustible outer covering. Bus bars must be made of bare metal. Frame in- sulation, omission of, when. Insulated platform, when. How made and arranged. d. Every constant-potential generator must be protected from Generator excessive current by a safety fuse, or equivalent device, of approved protected by design in each lead wire. safety when. These devices should be placed on the machine or as near it as possible. Where the needs of the service make these devices impracticable, the Electrical Inspector may, in writing, modify the requirements. Must each be provided with a water-proof cover. e. f. Must each be provided with a name-plate, giving the maker's name, the capacity in volts and amperes, and the normal speed in revo- lutions per minute. static electricity. How overcome. where placed. Modifica- tions, when, Water-proof covering required. Name plate, what to give. Conductors. To be in plain sight. To have insulating covering. Exception. Bus bars, how made. 316 MINNEAPOLIS BUILDING ORDINANCES. How kept in place. How installed. Switch boards, how wired. How placed. Switch board, how built. Material of. Must be accessible. Space between wall and apparatus. Moisture. Distance be- tween bare live parts. Where and now placed. How separated. Attachments to be inde- pendent. Incandescent lamps used, where. Lamps, how mounted and arranged. where attached. How stamped. C. ELECTRIC WIRES, ETC. Must be kept so rigidly in place that they cannot come in con- tact. d. Must in all other respects be installed with the same pre- cautions as required by rules in Class "C" for wires carrying a current. of the same volume and potential. In wiring switch-boards, the ground detector, volt meter and pilot lights must be connected to a circuit of not less than No. 14 B. & S. gage wire that is protected by a standard fuse-block; this circuit is not to carry over 660 watts. 3. SWITCH-BOARDS. a. Must be so placed as to reduce to a minimum the danger of communicating fire to adjacent combustible material. Special attention is called to the fact that switch-boards should not be built down to the floor, nor up to the ceiling. A space of at least ten or twelve inches should be left between the floor and the board, and three feet, if possible, between the ceiling and the board, in order to prevent fire from communicating from the switch-board to the floor or ceiling, and also to prevent the forming of a partially concealed space very liable to be used for storage of rubbish and oily waste. b. C. Must be of non-combustible material, such as marble or slate. Must be accessible from all sides when the connections are on the back, but may be placed against a brick or stone wall when the wiring is entirely on the face. If the wiring is on the back, there should be a clear space of at least eighteen inches between the wall and the apparatus on the board. d. Must be kept free from moisture. e. On switch-boards, the distances between bare live parts of opposite polarity must be made as great as practicable, and must not be less than those given for tablet-boards (see No. 53 A). 4. RESISTANCE BOXES AND EQUALIZERS. (For construction rules, see No. 60.) a. Must be placed on a switch-board or, if not thereon, at a distance of at least a foot from combustible material, or separated therefrom by a non-inflammable, non-absorptive, insulating material, such as slate or marble. The attachments of the separating material to its support and to the device must be independent of each other, and the separating ma- terial must be continuous between the device and the support; that is the use of porcelain knobs will not be accepted. b. Where protective resistances are necessary in connection with automatic rheostats, incandescent lamps may be used, provided that they do not carry or control the main current nor constitute the regu- lating resistance of the device. When so used, lamps must be mounted in porcelain receptacles. upon non-combustible supports, and must be so arranged that they cannot have impressed upon them a voltage greater than that for which Name-plate, they are rated. They must in all cases be provided with a name-plate, which shall be permanently attached beside the porcelain receptacle or receptacles and stamped with the candle-power and voltage of the lamp or lamps to be used in each receptacle. G MINNEAPOLIS BUILDING ORDINANCES. 317 ELECTRIC WIRES, ETC. 5. LIGHTNING ARRESTERS. (For construction rules, see No. 63). a. Must be attached to each wire of every overhead circuit con- nected with the station. It is recommended to all electric light and power companies that arresters be connected at intervals over systems in such numbers and so located as to prevent ordinary discharges entering (over the wires) buildings connected to the lines. b. Must be located in readily accessible places away from com- bustible materials, and as near as practicable to the point where the wires enter the building. Station arresters should generally be placed in plain sight on the switchboard. In all cases, kinks, coils and sharp bends in the wires between the arresters and the outdoor lines must be avoided as far as possible. C. Must be connected with a thoroughly good and permanent ground connection by metallic strips or wires having a conductivity not less than that of a No. 6 B. & S. gage copper wire, which must be run as nearly in a straight line as possible from the arresters to the ground connection. 8. Where to be attached. Arresters, location and number. Where located. To be in plain sight. Kinks in wires, etc. Ground how made. connection, Ground wires for lightning arresters must not be attached to gas Ground pipes within the buildings. wires. It is often desirable to introduce a choke-coil in circuit between the arresters and the dynamo. In no case should the ground wires from lightning arresters be put into iron pipes, as these would tend to impede the discharge. 6. CARE AND ATTENDANCE. a. A competent man must be kept on duty where generators are operating. Competent. required. man care and removal. b. Oily waste must be kept in approved metal cans and removed Oil waste, daily. Approved waste cans shall be made of metal, with legs raising Waste cans, cans three inches from the floor, and with self-closing covers. how made. 7. TESTING OF INSULATION RESISTANCE. a. All circuits except such as are permanently grounded in ac- cordance with Rule 13 A must be provided with reliable ground de- tectors. Detectors which indicate continuously and give an instant and permanent indication of a ground are preferable. Ground wires from detectors must not be attached to gas pipes within the building. b. Where continuously indicating detectors are not feasible, the circuits should be tested at least once per day, and preferably oftener. Data obtained from all tests must be preserved for examina- tion by the Electrical Inspector. C. The rules on testing to be applied at such places as may be desig- nated by the Electrical Inspector. Choke-coils. Ground wires not to be in iron pipes. Ground when. detectors, Wires not to be attached to gas pipes. circuits, Test of how often. Data of tests to be preserved. Testing rules, where applied. MOTORS. secured. 2. Must be thoroughly insulated from the ground wherever Insulation. feasible. Wooden base-frames used for this purpose, and wooden How floors which are depended upon for insulation, where, for any reason, ; 318 MINNEAPOLIS BUILDING ORDINANCES. ELECTRIC WIRES, ETC. it is necessary to omit the base-frames, must be kept filled to prevent the absorption of moisture, and must be kept clean and dry. Where frame insulation is impracticable the Electrical Inspector may, in writing, permit its omission, in which case the frame must be permanently and effectively grounded. A high-potential machine which, on account of great weight or for other reasons, cannot have its frame insulated, should be surrounded with an insulated platform. This may be made of wood, mounted on mounted and insulating supports, and so arranged that a man must stand upon it How made, arranged. in order to touch any part of the machine. In case of a machine having an insulated frame, if there is trouble from static electricity due to belt friction, it should be overcome by placing near the belt a metallic comb connected to the earth, or by grounding the frame through a very high resistance of not less than 300,000 ohms. Omission of, when. Insulated platform, when. Static elec- tricity, how overcome. How wired. Motor leads or branch circuits, to carry what current. Conductor, size of. Table. Motor and resistance box, how b. Must be wired with the same precautions as required by rules. in Class "C" for wires carrying a current of the same volume and potential. The motor leads or branch circuits must be designed to carry a current at least 25 per cent greater than that for which the motor is rated, in order to provide for the inevitable occasional overloading of the motor, and the increased current required in starting, without overfusing the wires. Size of conductor in B. & S. gage required for direct current motors of respective sizes in H. P. and voltages, on the basis of 90 per cent efficiency and 25 per cent overload on motor leads. The following table is given for the convenience of wiremen in installing motors: Horse Power. 1 C. 234 5 712 10 1212 15 1712 20 25 30 35 40 -110 Volt- Con. 14 10 8 6 6 3 1 0 00 000 0000 c. m. 250,000 350,000 400,000 500,000 Open. 14 14 10 8 6 4 2 1 0 000 000 c. m. 250,000 250,000 300,000 350,000 -220 Volt- Con. Open. 14 14 14 14 12 14 10 14 10 12 6 8 6 432 H 1 0 00 000 0000 6 543 Q 2 1 0 000 000 500 Volt Open. 14 14 14 14 14 14 12 10 10 8 8 00 64 + M 5 4 3 c. m. c. m. 50 250,000 1 700,000 500,000 250,000 The question of drop is not taken into consideration in the above table. Each motor and resistance box must be protected by a cutout and controlled by a switch (see No. 17a), said switch plainly indicat- ing whether "on" or "of." With motors of one-fourth (4) horse power or less, on circuits where the voltage does not exceed 300, No. MINNEAPOLIS BUILDING ORDINANCES. 319 ELECTRIC WIRES, ETC. 21d must be complied with, and single pole switches may be used as allowed in No. 22c. The switch and rheostat must be located within sight of the motor, except in cases where special permission to locate them elsewhere is given, in writing, by the Electrical Inspector. d. Must have their rheostats or starting boxes located so as to conform to the requirements of No. 4. The use of circuit breakers with motors is recommended, and may be required by the Electrical Inspector. f. Must be covered with a water-proof cover when not in use, and, if deemed necessary by the Electrical Inspector, must be enclosed in an approved case. e. Must not be run in series-multiple or multiple-series, except How run. on constant potential systems, and then only by special permission of the Electrical Inspector. From the nature of the question, the decision as to what is an approved case must be left to the Electrical Inspector in each instance. When it is necessary to locate a motor in the vicinity of com- bustibles or in wet or very dusty or dirty places, it is generally ad- visable to surround it with a suitable enclosure. Single pole used, when. Location. Rheostats, etc., how located. Circuit breakers. II. TRANSFORMERS. (For construction rules, see No. 62.) (See also Nos. 13, 13a, 36.) How covered closed. and en- Inspector to decide. Suitable enclosure, when. g. Must, when combined with ceiling fans, be hung from in- sulated hooks, or else there must be an insulator interposed between the motor and its support. h. Must each be provided with a name-plate, giving the maker's Name-plate, name, the capacity of volts and amperes, and the normal speed in revolutions per minute. maker's name, capacity and speed. How hung or insulated. 9. RAILWAY POWER PLANTS. how a. circuit Each feed wire before it leaves the station must be equipped Feed wires, with an approved automatic circuit-breaker (see No. 52), or other equipped. device, which will immediately cut off the current in case of an ac- Automatic cidental ground. This device must be mounted on a fireproof base, breaker. and in full view and reach of the attendant. How mounted. IO. STORAGE OR PRIMARY BATTERIES. Regulations to be a. When current for light and power is taken from primary or secondary batteries, the same general regulations must be observed observed. as apply to similar apparatus fed from dynamo generators developing the same difference of potential. b. Storage-battery rooms must be thoroughly ventilated. c. Special attention is directed to the rules for wiring in rooms. where acid fumes exist. (See No. 24, I to K.) d. All secondary batteries must be mounted on non-absorptive, non-combustible insulators, such as glass or thoroughly vitrified and glazed porcelain. e. The use of any metal liable to corrosion must be avoided in Metals to be cell-connections of secondary batteries. avoided, what. Storage bat- tery room. Rules for wiring. Secondary how batteries mounted. Rules. 320 MINNEAPOLIS BUILDING ORDINANCES. Transform- ers, how placed. Wires. Insulating covering. Tie wires. How placed. Moisture. Wooden blocks, how painted. Height of wires. How protected. Special precautions, when. Insulators. How spliced. Soldering and insulation. All joints to be soldered. Drip loops, where. Holes, how bushed. How not to be placed cross-arms. Trolley wires size of. a. In central or sub-stations, the transformers must be so placed that smoke from the burning out of the coils or the boiling over of the oil (where oil filled cases are used) could do no harm. CLASS B.-OUTSIDE WORK.-All systems and Voltages. 12. WIRES. a. Service and line wires must have an approved insulating covering (see No. 41). All tie wires must have an insulation equal to that of the conductors they confine. Insulation. ELECTRIC WIRES, ETC. b. Must be so placed that moisture cannot form a cross con- nection between them, nor less than a foot apart, and not in contact with any substance other than their insulating supports. Wooden blocks to which insulators are attached must be covered over their entire surface with at least two coats of water-proof paint. C. Must be at least seven (7) feet above the highest point of flat roofs, and at least one (1) foot above the ridge of pitched roofs over which they pass or to which they are attached. d. Must be protected by dead insulated guard-irons or wires. from possibility of contact with other conducting wires or substances to which current may leak. Special precautions of this kind must be taken where sharp angles occur, or where any wires might possibly come in contact with electric light or power wires. e. Must be provided with petticoat insulators of glass or porce- lain. Porcelain knobs or cleats and rubber hooks will not be approved. f. Must be so spliced or joined as to be both mechanically and electrically secure without solder. The joints must then be soldered, to insure preservation, and covered with an insulation equal to that on the conductors. All joints must be soldered, even if made with some patent form of splicing device. This ruling applies to joints and splices in all classes of wiring covered by these rules. g. Must, where they enter buildings, have drip loops outside, and the holes through which the conductors pass must be bushed with non-combustible, non-absorptive insulating tubes slanting upward to- ward the inside. Metallic sheaths, how i. The metallic sheaths to cables must be permanently and ef- connected to fectively connected to "earth." earth. h. Telegraph, telephone and similar wires must not be placed on the same cross-arm with electric light or power wires, and when placed on the same pole with such wires the distance between the two inside pins of each cross-arm must not be less than twenty-six (26) inches. TROLLEY WIRES. j. Must not be smaller than No. o B. & S. gage copper or No. 4 B. & S. gage silicon bronze, and must readily stand the strain put upon them when in use. k. Must have a double insulation from the ground. In wooden pole construction, the pole will be considered as one insulation. 1. Must be capable of being disconnected at the power plant, or Division into of being divided into sections, so that, in case of fire on the railway Disconnec- tion. sections. MINNEAPOLIS BUILDING ORDINANCES. 321 ELECTRIC WIRES, ETC. route, the current may be shut off from the particular section and not interfere with the work of the firemen. This rule also applies to Feeders. feeders. Protection. Guard wires. Insulation. m. Must be safely protected against accidental contact where crossed by other conductors. Guard wires should be insulated from the ground and should be electrically disconnected in sections of not more than 300 feet in length. How dis- connected. GROUND RETURN WIRES. n. For the diminution of electrolytic corrosion of underground Arrangement metal work, ground return wires must be so arranged that the differ- ence of potential between the grounded dynamo terminal and any point on the return circuit will not exceed twenty-five (25) volts. of positive It is suggested that the positive pole of the dynamo be connected Connection to the trolley-line, and that whenever pipes or other underground pole and metal work are found to be electrically positive to the rails or sur- trolley-wire. rounding earth, that they be connected by conductors arranged so as to prevent as far as possible current flow from the pipes into the ground. of. 13. TRANSFORMERS. (For construction rules, see No. 62.) (See also Nos. 11, 13 A Rules. and 36.) system, of. Where transformers are to be connected to high-voltage circuits, Secondary it is necessary in many cases, for best protection to life and prop- grounding erty, that the secondary system be permanently grounded, and pro- vision should be made for it when the transformers are built. a. Must not be placed inside of any building, excepting central stations, unless by special permission of the Electrical Inspector. location. An outside location is always preferable; first, because it keeps Outside the high-voltage primary wires entirely out of the building, and sec- ond, for the reasons given in the note to No. II a. b. Must not be attached to the outside walls of buildings, un- less separated therefrom by substantial supports. C. tests. The insulation materials of, and the methods of insulating, transformers used, constructed, re-constructed or repaired in the City of Minneapolis shall be subject to the inspection and approval of the Inspector. All transformers used in said City shall be subjected to break-down tests between the primary and secondary coils, coils and Break-down case, etc., at three (3) times the highest normal voltage alternating. Said test to be made by the owners, constructors or repairers of said By whom transformers, as the case may be, who shall provide themselves with step-up transformers or other means of procuring the required test electro-motive force, and said tests shall be made in the presence of Presence of and under the directions of the Inspector, and when so required, while the transformers are under load. Only such transformers shall be used as meet with the approval of and have been inspected by the In- spector. All transformers to be newly installed, whether previously in use or not; all old transformers installed and in use, when required by old trans- the Inspector, and all transformers removed for repairs, shall have formers, break-down tests applied in the manner aforesaid. inspector. Approval of. how tested. Where placed. Attachment to outside walls. Inspection of inspector. and approval 322 MINNEAPOLIS BUILDING ORDINANCES. When allowed. Neutral wire may be grounded. Where and how grounded. Same, un- derground system. Same, overhead system. Inspector may require grounding. Transformer secondaries, grounding of. Rules. Where made Same, one side only, when. Ground con- nection, where made. Neutral wire, where grounded. Inspector may re- quire grounding. Ground wire, size of. Same. Carrying capacity. To be out- side build- ings, where attached. How car- ried. Kinks, etc., to be avoided. + ELECTRIC WIRES, ETC. 13 A. GROUNDING LOW-POTENTIAL CIRCUITS. The grounding of low-potential circuits under the following regu- lations is only allowed when such circuits are so arranged that under normal conditions of service there will be no passage of current over the ground wire. DIRECT-CURRENT 3-WIRE SYSTEMS. a. Neutral wire may be grounded, and when grounded the fol- lowing rules must be complied with: I. Must be grounded at the central station on a metal plate buried in coke beneath permanent moisture level, and also through all available underground water and gas-pipe systems. 2. In underground systems, the neutral wire must also be grounded at each distributing box through the box.. 3. In overhead systems, the neutral wire must be grounded every five hundred (500) feet, as provided in Sections c, e, f and g. The Electrical Inspector may require grounding if he deems it. necessary. Two-wire direct-current systems having no accessible neutral point are not to be grounded. ALTERNATING-CURRENT SECONDARY SYSTEMS. b. Transformer secondaries of distributing systems should pref- erably be grounded, and, when grounded, the following rules must be complied with : I. The grounding must be made at the neutral point of wire, whenever a neutral point or wire is accessible. 2. When no neutral point or wire is accessible, one side of the secondary circuit may be grounded, provided the maximum difference- of potential between the grounded point and any other point in the circuit does not exceed two hundred and fifty (250) volts. 3. The ground connection must be at the transformer as pro-- vided in Sections d, e, f, g, and when transformers feed systems with a neutral wire, the neutral wire must also be grounded at least every two hundred and fifty (250) feet for overhead systems, and every five hundred (500) feet for underground systems. The Electrical Inspector may require grounding if he deems it necessary. GROUND CONNECTIONS. C. The ground wire in direct current 3-wire systems must not at central stations be smaller than the neutral wire and not smaller than No. 6 B. & S. gage elsewhere. d. The ground wire in alternating current systems must never be less than No. 6 B. & S. gage, and must always have equal carrying capacity to the secondary lead of the transformer, or the combined leads where transformers are connected in parallel. e. The ground wire must be kept outside of buildings, but may be directly attached to the building or pole. The wire must be car- ried in as nearly as straight line as possible, and kinks, coils and sharp bends must be avoided. MINNEAPOLIS BUILDING ORDINANCES. 323 ELECTRIC WIRES, ETC. connections, f. The ground connection for central stations, transformer- Ground sub-stations, and banks of transformers, must be made through metal how made. plates buried in coke below permanent moisture level, and connec- tion should also be made to all available underground piping systems, including the lead sheath of underground cables. g. For individual transformers and building services the ground Same. connection may be made as in Section f, or may be made to water or other piping systems running into the buildings. This connection may be made by carrying the ground wire into the cellar and connect- ing on the street side of meters, main cocks, etc., but connection must Where not never be made to any lead pipes which form part of gas services. made. Class C, Inside work-All Systems and Voltages. General Rules. 14. WIRES. (For special rules, see Nos. 18, 24, 35, 38 and 39.) a. Must not be of smaller size than No. 14 B. & S. gage, except as allowed under Nos. 24v and 45b. b. The wires must have an insulation equal to that of the con- ductors they confine. C. Must be so spliced or joined as to be both mechanically and electrically secure without solder. The joints must then be soldered to insure preservation, and covered in the following manner: Two thicknesses of pure rubber tape to be tightly wrapped on the joint and then the whole to be covered with at least three thicknesses of friction tape put on in such a manner as to securely hold the rubber tape in place. Wires. Rules. Size of wires. Insulation. How spliced or joined. Joints to be soldered. How covered. wires. Stranded wires must be soldered before being fastened under Stranded clamps or binding screws, and whether stranded or solid, when they when have a conductivity greater than that of No. 8 B. & S. gage they soldered. must be soldered into lugs for all terminal connections. All joints must be soldered, even if made with some form of Same. patent splicing device. This ruling applies to joints and splices in all classes of wiring covered by these rules. d. Must be separated from contact with walls, floors, timbers How or partitions through which they may pass by non-combustible, non- separated. absorptive insulating tubes, such as glass or porcelain, except as pro- vided in No. 24u. Bushings must be made long enough to bush the entire length length of of the hole in one continuous piece, or else the hole must first be bushed by a continuous water-proof tube. This tube may be a con- ductor, such as iron pipe, but in that case an insulating bushing must Insulation. be pushed into each end of it, extending far enough to keep the wire absolutely out of contact with the pipe. Water-proof tube. e. from gas Must be kept free from contact with gas, water or other To be free metallic piping, or any other conductors or conducting material which pipes, etc. they may cross, by some continuous and firmly fixed non-conductor, creating a separation of at least one (1) inch. Deviations from this Deviation, rule may sometimes be allowed by special permission. when. tube. When one wire crosses another wire, the best and usual means Porcelain of separating them is by means of a porcelain tube on one of them. This tube should be prevented from moving out of place, either by a cleat at each end, or by taping it securely to the wire. 324 How placed in wet places. Conductors in wooden mouldings, etc. Protection against moisture, etc. How arranged. Tubes, use of. How closed, Table of carrying capacity. When followed. Aluminum wire. MINNEAPOLIS BUILDING ORDINANCES. ELECTRIC WIRES, ETC. f. Must be so placed in wet places that an air space will be left between conductors and pipes in crossing, and the former must be run in such a way that they cannot come in contact with the pipe acci- dentally. Wires should be run over, rather than under, pipes upon which moisture is likely to gather, or which, by leaking, might cause trouble on a circuit. g. The installation of electric conductors in wooden moulding. or where supported on insulators in elevator shafts will not be ap- proved, but conductors may be installed in such shafts if encased in approved metal conduits. 15. UNDERGROUND CONDUCTORS. a. Must be protected against moisture and mechanical injury where brought into a building, and all combustible material must be kept from the immediate vicinity. b. Must not be so arranged as to shunt the current through a building around any catch-box. C. Where underground service enters building through tubes, the tubes shall be tightly closed at outlets with asphaltum or other non-conductor, to prevent gases from entering the building through such channels. 16. TABLE OF CARRYING CAPACITY OF WIRES. a. The following table, showing the allowable carrying capacity of copper wires and cables of ninety-eight (98) per cent conductivity, according to the standard adopted by the American Institute of Elec- trical Engineers, must be followed in placing interior conduits. For insulated aluminum wire the safe carrying capacity is eighty- four per cent of that given in the following tables for copper wire with the same kind of insulation. TABLE A. Rubber Insulation. See No. 41. P. & S. G. 18 16 14 12 10 8 6 V4MQ? grand 5 3 2 1 0 00 000 0000 Circular Mills. 200,000 300,000 400,000 Amperes. 3 6 12 17 24 33 46 54 65 76 99 107 127 150 177 210 200 270 330 TABLE B. Other Insulations. See Nos. 42 to 44. Amperes. 5 8 16 23 32 46 65 777 92 110 131 156 185 220 262 312 300 400 500 • Circular Mills. 1,624 2.583 4,107 6,530 10,380 16,510 26,250 33.100 41.740 52,630 66,370 $3,690 105,500 133,100 167,800 211,600 MINNEAPOLIS BUILDING ORDINANCES. 325 500,000 600,000 700,000 800,000 900,000 1,000,000 1,100,000 1,200,000 1,300,000 1,400,000 1,500,000 1,600,000 1,700,000 1,800,000 1,900,000 2,000,000 ELECTRIC WIRES, ETC. Lighting. 390 450 500 550 600 650 690 730 770 810 850 890 930 970 1,010 1,050 590 680 760 840 920 1,000 1,080 1,150 1,220 1,290 1,360 1,430 1,490 1,550 1,610 1,670 The lower limit is specified for rubber covered wires to prevent gradual deterioration of the high insulations by the heat of the wires, but not from fear of igniting the insulation. The question of drop is not taken into consideration in the above tables. Rubber wires. covered The carrying capacity of Nos. 16 and 18 B. & S. gage wire is Size of wire given, but no smaller than No. 14 is to be used, except as allowed under Nos. 24v and 45b. to be used. C. Must, when exposed to dampness, either be enclosed in a water-proof box or mounted on porcelain knobs. CONSTANT-CURRENT SYSTEMS. Principally Series Arc 17. SWITCHES, CUT-OUTS, CIRCUIT BREAKERS, ETC. (For construction rules, see Nos. 51, 52 and 53.) of. a. Must, unless otherwise provided (for exceptions, see No. 8 c Rules, ar- and No. 22 c), be so arranged that the cut-outs will protect, and the rangement opening of a switch or circuit-breaker will disconnect, all of the wires; that is, in a two-wire system the two wires, and in a three-wire sys- tem the three wires, must be protected by the cut-out and disconnected. by the operation of the switch or circuit-breaker. b. Must not be placed in the immediate vicinity of easily ignit- able stuff or where exposed to inflammable gases or dust or to fly- ings of combustible material. Where not placed. When and how to be enclosed. 18. WIRES. (See also Nos. 14, 15 and 16.) a. Must have an approved rubber insulating cover (see No. 41). b. Must be arranged to enter and leave the building through an approved double-contact service switch (see No. 51 b), mounted in a non-combustible case, kept free from moisture, and easily of access to police or firemen. To be in c. . Must always be in plain sight, and never encased, except plain sight. when required by the Electrical Inspector. supported. d. Must be supported on glass or porcelain insulators, which How separate the wire at least one (1) inch from the surface wired over, and must be kept rigidly at least eight (8) inches from each other, except within the structure of lamps, on hanger-boards or in cut-out boxes, or like places, where a less distance is necessary. Insulation. Arrangement of entering and leaving building. 326 MINNEAPOLIS BUILDING ORDINANCES. On side walls, how protected. How at- tached to floor timbers. Guard strips, when. Thickness. Insulation. Glass globes. Wire netting. Spark- arrester. Plain car- bons recom- mended. Outside arc lamps. Inside lamps. C. Must be provided with a wire netting (having a mesh not exceeding one and one-fourth inches) around the globe, and an ap- proved spark-arrester (see No. 58), when readily inflammable ma- terial is in the vicinity of the lamps, to prevent escape of sparks of carbon or melted copper. It is recommended that plain carbons, not copper-plated, be used for lamps in such places. Outside arc lamps must be suspended at least eight (8) feet above sidewalks. Inside arc lamps must be placed out of reach or suitably protected. Arc lamps, when used in places where they are exposed to flyings glass globes, of easily inflammable material, should have the carbons enclosed com- Carbons enclosed in when. Enclosed arc lamps. Insulating supports, when. How installed. How suspended. C What not approved. "Enclosed arc" lamps, having tight inner globes, may be used, and the requirements of Sections b and c above would, of course, Wire netting, not apply to them, except that a wire netting around the inner globe when. may in some cases be required if the outer globe is omitted. d. Where hanger-boards (see No. 56) are not used, lamps must be hung from insulating supports other than their conductors. Not to be at- tached to gas fixtures. ELECTRIC WIRES, ETC. e. Must, on side walls, be protected from mechanical injury by a substantial boxing, retaining an air space of one (1) inch around the conductors, closed at the top (the wires passing through bushed holes), and extending not less than seven (7) feet from the floor. When crossing floor timbers in cellars, or in rooms where they might be exposed to injury, wires must be attached by their insulating sup- ports to the under side of a wooden strip not less than one-half (½) an inch in thickness. Instead of the running-boards, guard strips on each side of and close to the wires will be accepted. These strips. to be not less than seven-eighths (%) of an inch in thickness and at least as high as the insulators. 19. SERIES ARC LAMPS. (For construction rules, see No. 57.) Must be carefully isolated from inflammable material. a. b. Must be provided at all times with a glass globe surround- ing the arc, and securely fastened upon a closed base. Broken or cracked globes must not be used. pletely in a tight globe in such a manner as to avoid the necessity for spark-arresters. 20. INCANDESCENT LAMPS IN SERIES CIRCUITS. a. Must have the conductors installed as required in No. 18, and each lamp must be provided with an automatic cut-out. b. Must have each lamp suspended from a hanger-board by means of a rigid tube. C. No electro-magnetic devise for switches and no multiple- series or series-multiple system of lighting will be approved. d. Must not under any circumstances be attached to gas fixtures. MINNEAPOLIS BUILDING ORDINANCES. 327 CONSTANT-POTENTIAL ers.) 21. ELECTRIC WIRES, ETC. SYSTEMS. GENERAL RULES- ALL VOLTAGES. AUTOMATIC CUT-OUTS. (Fuses and Circuit-Break- (See No. 17 and for construction, see Nos. 52 and 53.) provided. Excepting on main switch-boards, or where otherwise subject to Fuses to be expert supervision, circuit-breakers will not be accepted unless iuses are also provided. a. Must be placed on all service-wires, either overhead or under- ground, as near as possible to the point where they enter the build- ing and inside the walls, and arranged to cut off the entire current from the building. Where the switch required by No. 22 is inside the building, the cut-out required by this Section must be placed so as to protect it. In risks having private plants, the yard-wires running from building to building are not generally considered as service wires, so that cut-outs would not be required where the wires enter buildings, provided that the next fuse back is small enough to properly protect the wires inside the building in question. A b. Must be placed at every point where a change is made in the size of wire (unless the cut-out in the larger wire will protect the smaller, see No. 16). Cut-outs to be on serv- ice pipes. How placed. Yard-wires not service wires, when. At change wires. in size of Where and C. Circuit-breakers and switches must be in plain sight, or en- closed in an approved cabinet (see No. 54), and readily accessible. how placed. They must not be placed in the canopies or shells of fixtures. d. Must be so placed that no set of incandescent lamps requir- How placed. ing more than 660 watts, whether grouped on one fixture or on sev- eral fixtures or pendants, will be dependent upon one cut-out. Spe- Special per- cial permission may be given in writing by the Electrical Inspector deviation, for departure from this rule in the case of large chandeliers, stage borders, and illuminated signs, etc.; provided, however, that no main or branch fuse-block with capacity less than twenty-five (25) amperes use block. will be accepted. when. Size of The above rule shall also apply to motors when more than one is dependent upon a single cut-out. Motors. All branches or "taps" from a three-wire Edison system must be run as two-wire circuits. Branches or taps, how run. e. The rated capacity of fuses must not exceed the allowable carrying capacity of the wire as given in No. 16. Circuit-breakers must not be set more than thirty (30) per cent above the allowable carrying capacity of the wire, unless a fusible cut-out is also installed in the circuit. Capacity of fuses. Circuit breakers and cut outs. f. The following table shows the average wattage for incan- Table of descent, arc and nernst lamps: wattage. INCANDESCENT LAMPS: An average 2 c. p. lamp consumes 14 watts per hour. An average 4 c. p. lamp consumes 20 watts per hour. An average 6 c. p. lamp consumes 28 watts per hour. An average 8 c. p. lamp consumes 35 watts per hour. 328 MINNEAPOLIS BUILDING ORDINANCES. Arc lamps. Nernst lamps. Fuseless rosettes, etc. Switches. Cutout and switch how arranged. Where and how placed. Knife switches. How wired. ELECTRIC WIRES, ETC. An average 10 c. p. lamp consumes 35 watts per hour. An average 16 c. p. lamp consumes 55 watts per hour. An average 32 c. p. lamp consumes 110 watts per hour. An average 50 c. p. lamp consumes 165 watts per hour. ARC LAMPS. Knife switches, when en- closed. An average 34 ampere D. C. Enclosed Arc consumes 375 watts per hour. An average 5 ampere D. C. Enclosed Arc consumes 550 watts per hour. An average 4 ampere A. C. Enclosed Arc consumes 350 watts per hour. An average 6 ampere A. C. Enclosed Arc consumes 450 watts per hour. 22. SWITCHES. (See No. 17, and for construction, No. 51.) a. Must be placed on all service wires, either overhead or under- service pipes. ground, in a readily accessible place, as near as possible to the point where the wires enter the building, and arranged to cut off the entire Where placed on current. An average 7½ ampere A. C. Enclosed Arc consumes 550 watts per hour. NERNST LAMPS: A one-glower 220 V. Nernst Lamp consumes 88 watts per hour. A two-glower 220 V. Nernst Lamp consumes 176 watts per hour. A three-glower 220 V. Nernst Lamp consumes 264 watts per hour. Service cutout and switch must be arranged to cut off current from all devices, including meters. Yard wires not service In risks having private plants the yard wires running from build- wires, where ing to building are not generally considered as service wires, so that switches would not be required in each building if there are other switches conveniently located on the mains or if the generators are near at hand. b. Must always be placed in dry, accessible places, and be grouped as far as possible. Knife switches must be so placed that gravity will tend to open rather than close them. When possible, switches should be so wired that blades will be "dead" when switch is open. If knife switches are used in rooms where combustible flyings would be likely to accumulate around them, they should be enclosed in dust tight cabinets. (See note under No. 17 b.) Even in rooms where there are no combustible materials it is better to put all knife switches in cabinets, in order to lessen the danger of accidental short- circuits being made across their exposed metal parts by careless. workmen. A six-glower 220 V. Nernst Lamp consumes 528 watts per hour. With fuseless rosettes and fixtures, the current in any branch circuit must be kept within the safe carrying capacity of the fixture wiring or lamp cord. MINNEAPOLIS BUILDING ORDINANCES. 329 ELECTRIC WIRES, ETC. switches. Up to 250 volts and thirty amperes, approved indicating snap Snap switches are advised in preference to knife switches on lighting cir- cuits about the work-rooms. C. Must not be single pole when the circuits which they control Not to be supply devices which require over 660 watts of energy, or when single pole, the difference of potential is over three hundred (300) volts; and no switch except approved pendant switches with capacity less than ten (10) amperes will be accepted. d. Where flush switches are used, whether with conduit sys- tems or not, the switches must be enclosed in boxes constructed of iron or steel. No push buttons for bells, gas-lighting circuits, or the like shall be placed in the same wall-plate with switches controlling electric light or power wiring. Papp This requires an approved box in addition to the porcelain en- closure of the switch. The attachments of feed-wires to the heaters must be in plain sight, easily accessible, and protected from interference, acci- dental or otherwise. d. The flexible conductors for portable apparatus, such as irons, etc., must have an approved insulating covering (see No. 45g). e. Must each be provided with name plate, giving the maker's name and the normal capacity in volts and amperes. Stationary heaters should be treated like stoves which might be- come overheated at any time. Portable heaters, such as flat-irons, have this danger, that if left standing with the current on they in time accumulate heat enough to char combustible material and to finally set it on fire. It is often desirable to connect in multiple with the heaters, an incandescent lamp of low candle-power, as it shows at a glance whether or not the switch is open, and tends to prevent its being left closed through oversight. 23. ELECTRIC HEATERS. a. Must be placed in a safe situation, isolated from inflammable Where materials, and be treated as sources of heat. b. Must each have a cutout and an indicating switch (see No. 17 a). placed. Isolation. Treatment. Cut out required. Feed wires plain sight C. in and pro- tected. Flexible conductors, covering. Name plate, Maker's name. Capacity. Stationary heaters. Portable heaters. Danger of. LOW-POTENTIAL SYSTEMS. 550 Volts or Less. Any circuit attached to any machine, or combination of ma- chines, which develops a difference of potential between any two wires, of over ten (10) volts and less than five hundred and fifty (550) volts, shall be considered as a low-potential circuit, and as coming under this class, unless an approved transforming device is used, which cuts the difference of potential down to ten (10) volts or less. The primary circuit not to exceed a potential of thirty-five hundred (3,500) volts. 24. WIRES. GENERAL RULES. (See also Nos. 14, 15 and 16.) a. Must be so arranged that under no circumstances will there be a difference of potential of over three hundred (300) volts be- Pendent switches. i Flush switches. how en- closed. Box also required. Electric heaters. Incandescent nection de- lamp-con- sirable. Low poten- tial circuit. Wires. ranged. How ar- 330 MINNEAPOLIS BUILDING ORDINANCES. How laid and fastened. How finished. Twin wires, where used. Wires on side walls. How at- tached to floor timbers. Guard strips, when. Thickness. Insulating conduit. Metal pipes, how lined. Wires of each circuit to be in Protection on side walls, Boxing. Suitable protection on side walls may be secured by substantial how secured.' boxing, retaining an air space of one (1) inch around the conductors, closed at the top (the wires passing through bushed holes), and ex- tending not less than five (5) feet from the floor; or by an iron- armored or metal-sheathed insulating conduit sufficiently strong to withstand the strain to which it will be subjected, and with the ends protected by the lining or by special insulating bushings, so as to prevent the possibility of cutting the wire insulation; or by plain metal pipe, lined with approved flexible tubing, which must extend from the insulator next below the pipe to the one next above it. same con- duit, when. Insulation how rein- forced. Gadg Wooden boxes, when. Iron pipe preferable. Exposed to moisture, when. Insulation. ELECTRIC WIRES, ETC. tween any bare metal parts in any distributing switch or cutout cabi- net, or equivalent center of distribution. b. Must not be laid in plaster, cement, or similar finish, and must never be fastened with staples. C. Must not be fished for any great distance, and only in places where the Inspector can satisfy himself that the rules have been com- plied with. d. Twin wires must never be used, except in conduits, or where flexible conductors are necessary. e. Must be protected on side walls from mechanical injury. When crossing floor timbers in cellars, or in rooms where they might be exposed to injury, wires must be attached by their insulating sup- ports to the under side of a wooden strip, not less than one-half (2) inch in thickness, and not less than three (3) inches in width. In- stead of the running-boards, guard strips on each side of and close to the wires will be accepted. These strips to be not less than seven- eighths (%) of an inch in thickness, and at least as high as the in- sulators. If metal conduits or iron pipes are used to protect wires carry- ing alternating currents, the two or more wires of each circuit must be placed in the same conduit, as troublesome induction effects and heating of the pipe might otherwise result; and the insulation of each wire must be reinforced by approved flexible tubing extending from the insulator next below the pipe to the one next above it. This should also be done in direct-current wiring if there is any possibility of alternating current ever being used on the system. For high-voltage work, or in damp places, the wooden boxing may be preferable, because of the precautions which would be neces- sary to secure proper insulation if the pipe were used. With these exceptions, however, iron pipe is considered preferable to the wooden boxing, and its use is strongly urged. It is especially suitable for the protection of wires near belts, pulleys, etc. f. When run in unfinished attics, or in proximity to water tanks or pipes, will be considered as exposed to moisture. SPECIAL RULES. For Open Work. In Dry Places. g. Must have an approved rubber or "slow-burning weather- proof" insulation for potentials of three hundred (300) volts, or less, and an approved rubber insulation for potentials over three hundred MINNEAPOLIS BUILDING ORDINANCES. 331 Voltage. ELECTRIC WIRES, ETC. (300) volts and less than five hundred and fifty (550) volts (see Nos. 41 and 42). h. Must be rigidly supported on non-combustible, non-absorp- How tive insulators, which will separate the wires from each other and supported. from the surface wired over in accordance with the following table: Distance from Surface. Distance Between Wires. Table. ½ inch I inch 22½ inch 4 inch Rigid supporting requires under ordinary conditions, where wir- Supports. ing along flat surfaces, supports at least every four and one-half (42) feet. If the wires are liable to be disturbed, the distance be- tween supports should be shortened. In buildings of mill construc- tion, mains of No. 8 B. & S. gage wire or over, where not liable to be disturbed, may be separated about six (6) inches, and run from timber to timber, not breaking around, and may be supported at each timber only. o to 300 301 to 550 In Damp Places, or Buildings Specially Subject to Moisture or to Acid or other Fumes Liable to Injure the Wires or their Insulation. i. Must have an approved insulating covering. For protection against water, rubber insulation must be used. For protection against corrosive vapors, either weather proof or rub- ber insulation must be used. (See Nos. 41 and 44.), Distance between. Damp places, etc. Insulating covering. Rubber used, when, etc. j. Must be rigidly supported on non-combustible, non-absorp- tive insulators, which separate the wire at least one (1) inch from the surface wired over, and must be kept apart at least two and one- half (22) inches for voltages up to three hundred (300), and four (4) inches for higher voltages. between supports. Rigid supporting requires under ordinary conditions, where wir- Distance ing over flat surfaces, supports at least every four and one-half (42) feet. If the wires are liable to be disturbed, the distance between supports should be shortened. In buildings of mill construction, mains of No. 8 B. & S. gage wire or over, where not liable to be disturbed, may be separated about six (6) inches, and run from timber to tim- ber, not breaking around, and may be supported at each timber only. How sup- ported, and FOR MOULDING WORK. covering. 1. Must have an approved rubber insulating covering (see Insulating No. 41). Where not m. Moulding work. Conduit work. Must never be placed in moulding in concealed or damp places, or where the difference of potential between any two wires in the same moulding is over three hundred (300) volts. As a rule, moulding should not be placed directly against a brick Moulding wall, as the wall is likely to "sweat" and thus introduce moisture back not to be of the moulding. on For Conduit Work: Must have an approved rubber insulating covering (see No. 47). n. 0. Must not be drawn in until all mechanical work on the build- When wire ing has been, as far as possible, completed. to be drawn. p. Must, for alternating systems, have the two or more wires To be in of a circuit drawn in the same conduit. same con- duit, when. Insulating covering. 332 MINNEAPOLIS BUILDING ORDINANCES. Same, direct current sys- tem. Concealed knob and tube work. Rubber in- sulating cover. How sup- ported and kept separ- ate. How separ- ated from walls, etc. Supports, distance apart. G Armored cable used, when. How installed. Conduits to be contin- uous, etc. - How pro- tected at outlets. Fixture work. Insulation. t. Conduit used for mixed "concealed knob and tube” and “con- duit" work must be continuous from outlet to outlet, and must com- ply throughout with rules for conduit work. (See Nos. 24 to p ņ and No. 25.) u. Must at all outlets, except where conduit is used, be pro- tected by approved flexible insulating tubing, extending in continuous. lengths from the last porcelain support to at least one (1) inch be- Combination yond the outlet. In the case of combination fixtures the tubes must fixtures. extend at least flush with outer end of gas cap. Supply con- ductors, how kept clear. How secured Difference of potential. ELECTRIC WIRES, ETC. It is advised that this be done for direct current systems also, so that they may be changed to alternating systems at any time, induc- tion troubles preventing such a change if the wires are in separate. conduits. For Concealed "Knob and Tube" Work: q. Must have an approved rubber insulating covering (see No. 41). r. Must be rigidly supported on non-combustible, non-absorp- tive insulators which separate the wire at least one (1) inch from the surface wired over. Must be kept at least ten (10) inches apart, and when possible, should be run singly on separate timbers or stud- dings. Must be separated from contact with the walls, floor timbers and partitions through which they may pass by non-combustible, non- absorptive insulating tubes, such as glass or porcelain. Rigid supporting requires under ordinary conditions, where wir- ing along flat surfaces, supports at least every four and one-half (42) feet. If the wires are liable to be disturbed, the distance be- tween supports should be shortened. S. When from the nature of the case it is impossible to place concealed wiring on non-combustible supports of glass or porcelain, an approved armored cable with single or twin conductors (see No. 48) may be used where the difference of potential between con- ductors is not over three hundred (300) volts, provided it is in- stalled without joints between outlets, and the cable armor properly enters all fittings and is rigidly secured in place; or, if the difference of potential between wires is not over three hundred (300) volts, and if the wires are not exposed to moisture, they may be fished on the loop system if separately encased throughout in approved flexible tubing or conduits. For Fixture Work: V. Must have an approved rubber insulating covering (see No. 46), and be no less in size than No. 18 B. & S. gage. w. Supply conductors, and especially the splices to fixture wires, must be kept clear of the grounded part of gas pipes, and, where shells or outlet boxes are used, they must be made sufficiently large to allow the fulfillment of this requirement. X. Must, when fixtures are wired outside, be so secured as not to be cut or abraded by the pressure of the fastenings or motion of the fixture. y. Under no circumstances must there be a difference of poten- tial of more than three hundred (300) volts between wires contained in or attached to the same fixture. 1. MINNEAPOLIS BUILDING ORDINANCES. 333 ELECTRIC WIRES, ETC. 25. INTERIOR CONDUITS. (See also Nos. 24 n to p and 49.) The object of a tube or conduit is to facilitate the insertion or extraction of the conductors and to protect them from mechanical in- jury. Tubes or conduits are to be considered merely as raceways, and are not to be relied upon for insulation between wire and wire, or between the wire and the ground. a. No conduit tube having an internal diameter of less than five-eighths (5%) of an inch shall be used. Measurements to be taken inside of metal conduits. In buildings already constructed where the conditions are such that neither outlet box nor plate can be installed, these appliances may be omitted by special permission of the Electrical Inspector, pro- viding the conduit ends are bushed and secured. e. Metal conduits where they enter junction boxes, and at all other outlets, etc., must be provided with approved bushings fitted so as to protect wire from abrasion, except when such protection is obtained by the use of approved nipples, properly fitted in boxes or devices. g. Junction boxes must always be installed in such a manner as to be accessible. * h. All elbows or bends must be so made that the conduit or lining of same will not be injured. The radius of the curve of the inner edge of any elbow not to be less than three and one-half (3½) inches. Must have not more than the equivalent of four (4) quarter bends from outlet to outlet, the bends at the outlets not being counted. Interior conduits. b. Must be continuous from outlet to outlet or to junction boxes, To be con- and the conduit must properly enter and be secured to all fittings. tinuous, where. underground service. In case of underground service connections and main runs, this How run in involves running each conduit continuously into a main cutout cabinet or gutter surrounding the panel-board, as the case may be (see No. 54). C. Must be first installed as a complete conduit system, without How first the conductors. installed. d. Must be equipped at every outlet with an approved outlet box or plate (see No. 49 1 to o). Outlet plates must not be used where it is practicable to install outlet boxes. 26. FIXTURES. (See also Nos. 22e, 24v to x.) Object of tube or conduit. Merely raceways. Not for insulation. Size of conduits. f. Must have the metal of the conduit permanently and effectu- How ally grounded. grounded. How equipped at outlet. Outlet plates not used, where. or box, when Outlet plate omitted. Special permission. Metal con- duits. Bushings required. Exception. Junction boxes, how installed. Elbows and bends, how made. Fixtures. a. Must when supported from the gas piping or any grounded To be in- metal work of a building be insulated from such piping or metal when and work by means of approved insulating joints (see No. 59) placed as how. close as possible to the ceiling. Gas outlet It is required that the gas outlet pipe be protected above the in- sulating joint by approved insulating tubing; and that, where outlet tubes are used, they be of sufficient length to extend below the in- sulating joint, and that they be so secured that they will not be pushed Strength of pipe, how protected. Outlet tubes. how secured. 334 MINNEAPOLIS BUILDING ORDINANCES. Canopies to be insu- lated. Burs re- moved, when To be tested, when. Sockets. How en- closed and supported. Water proof sockets, where. How hung. Where soldered. Flexible cord. Insulation. Where not used. Same, where used. Flexible wires and cables. Where not used. How protected. How suspended. Drop cords, how hung. Arc lamps, etc. Branch conductors, carrying ca- pacity. ELECTRIC WIRES, ETC. back when the canopy is put in place. Canopies must be thoroughly and permanently insulated from the ceiling. b. Must have all burs, or fins, removed before the conductors are drawn into the fixture. C. Must be tested for "contacts" between conductors and fixture, for "short circuits" and for ground connections before it is connected to its supply conductors. 27. SOCKETS. (For construction rules, see No. 55.) a. In rooms where inflammable gases may exist the incandescent lamp and socket must be enclosed in a vapor-tight globe, and sup- ported on a pipe hanger, wired with approved rubber covered wire (see No. 41) soldered directly to the circuit. b. In damp or wet places, or over specially inflammable stuff, water proof sockets must be used. Waterproof sockets should be hung by separate, stranded, rub- ber covered wires, not smaller than No. 14 B. & S. gage, which should preferably be twisted together when the pendant is over three (3) feet long. These wires should be soldered direct to the circuit wires, but supported independently of them. 28. FLEXIBLE CORD. a. Must have an approved insulation and covering (see No. 45). b. Must not be used where the difference of potential between the two wires is over three hundred (300) volts. C. Must not be used as a support for clusters. d. Must not be used except for pendants, portable lamps or motors, and portable heating apparatus. For all portable work, flexible wires and cables especially de- signed to withstand this severe service are on the market, and should be used. (See No. 45 f.) e. Must not be used in show-windows. f. Must be protected by insulating bushings where the cord enters the socket. g. Must be so suspended that the entire weight of the socket and lamp will be borne by knots under the bushing in the socket, and above the point where the cord comes through the ceiling block or rosette, in order that the strain may be taken from the joints and bind- ing screws. < h. Drop cords must not hang lower than to within four (4) feet of the floor, unless special permission is given, in writing, by the Electrical Inspector. 29. ARC LAMPS ON CONSTANT-POTENTIAL CIR- CUITS. C a. Must have a double pole, fusible cutout (see No. 17 a) for fusible cutout each lamp or series of lamps. Double pole, The branch conductors should have a carrying capacity about fifty per cent in excess of the normal current required by the lamp to provide for heavy current required when lamp is started or when carbons become stuck without over-fusing the wires. It is recom- MINNEAPOLIS BUILDING ORDINANCES. 335 ELECTRIC WIRES, ETC. mended that nothing smaller than No. 12 B. & S. gage be employed Size of wire. in new work for this class of wiring. b. Must only be furnished with such resistances or regulators Resistances as are enclosed in non-combustible material, such resistances being treated as sources of heat. Incandescent lamps must not be used for this purpose. C. Must be supplied with globes and protected by spark-arresters and wire netting around the globe, as in the case of series arc lamps (see Nos. 19 and 58). ECONOMY COILS. 31. DECORATIVE LIGHTING SYSTEMS. a. Incandescent lamps connected in series must not be used for decorative purposes inside of buildings except by special permission, in writing, from the Electrical Inspector. 30. Economy coils, etc. mounted. a. Economy and compensator coils for arc lamps must be How mounted on non-combustible, non-absorptive insulating supports, such as glass or porcelain, allowing an air space of at least one (1) inch between frame and support, and must in general be treated as sources of heat. a. The trolley wires must be securely supported on insulating hangers. b. The trolley hangers must be placed at such a distance apart that, in case of a break in the trolley wire, contact cannot be made with the floor. C. Must have a cutout switch located at a proper place outside of the building, so that all trolley circuits in the building can be cut out at one point, and line circuit-breakers must be installed, so that when this cutout switch is open the trolley wire will be dead at all points within one hundred (100) feet of the building. The current must be cut out of the building whenever the latter is not in use or the road is not in operation. d. All lamps and stationary motors must be installed in such a way that one main switch can control the whole of each installation, lighting or power, independently of the main feeder switch. No portable incandescent lamps or twin wire will be allowed except that portable incandescent lamps may be used in the pits, the circuit to be controlled by a switch placed outside of the pit, and the connections to be made by two approved rubber-covered flexible wires (see No. 41), properly protected against mechanical injury. e. All wiring and apparatus must be installed in accordance with rules for constant-potential systems. f. Must not have any system of feeder distribution centering in the building. or regulators, how enclosed Incandescent lamps not to be used. · Globes, spark arresters and wire netting required. 32. CAR WIRING. Car wiring. a. Must always be run out of reach of the passengers, and must How run and have an approved rubber insulating covering (see No. 41). insulated. 33. CAR HOUSES. Decorative lighting systems. Incandescent lamps not to be used, except by permission. Car houses. Trolley wires, how supported. Trolley hangers, dis- tance switchboard, cutout where. Circuit breakers, Current cut- out, when. stationary Lamps and motors, how installed. Portable in- lamps not C candescent allowed, where. Where allowed. Wiring and apparatus, how in- stalled. What system not allowed. -- 336 MINNEAPOLIS BUILDING ORDINANCES. Rails, how bonded. Conductor, size of. Cars. how not left. Lighting and power, not allowed, when. When allowed. High poten- tial system. What con- sidered such. Exception. Wires-insu- lating cover- ing. To be visible and not en- cased. How sup- ported. Supports, distance apart. Mains in buildings of mill con- struction, how separ- ated and supported. How pro- tected on side walls. Boxing. Height of, Wires in cellars, how attached. General suggestions. ELECTRIC WIRES, ETC. g. The rails must be bonded at each joint with a conductor having a carrying capacity not less than that of a No. 2 B. & S. gage annealed copper wire. h. Cars must not be left with the trolley in electrical connec- tion with the trolley wire. LIGHTING AND POWER FROM RAILWAY WIRES. a. Must not be permitted, under any pretense, in the same cir- cuit with trolley wires with a ground return, except in electric railway cars, electric car houses and their power stations; nor shall the same dynamo be used for both purposes. HIGH POTENTIAL SYSTEMS. 550 TO 3,500 VOLTS. Any circuit attached to any machine, or combination of machines, which develops a difference of potential, between any two wires of over five hundred and fifty (550) volts and less than thirty-five hun- dred (3,500) volts, shall be considered as a high-potential circuit, and as coming under that class, unless an approved transforming device. is used, which cuts the difference of potential down to five hundred and fifty (550) volts or less. 35. WIRES. (See also Nos. 14, 15 and 16.) a. Must have an approved rubber insulating covering (see No. 41). b. Must be always in plain sight and never encased, except where required by the Electrical Inspector. C. Must be rigidly supported on glass or porcelain insulators, which will raise the wire at least one (1) inch from the surface wired over, and must be kept about eight (8) inches apart. Rigid supporting requires under ordinary conditions, where wiring along flat surfaces, supports at least every four and one-half (42) feet. If the wires are unusually liable to be disturbed, the distance between supports should be shortened. In buildings of mill construction, mains of No. 8 B. & S. gage or over, where not liable to be disturbed, may be separated about ten (10) inches and run from timber to timber, not breaking around, and may be supported at each timber only. d. Must be protected on side walls from mechanical injury by a substantial boxing, retaining an air space of one (1) inch around the conductors, closed at the top (the wires passing through bushed holes) and extending not less than seven feet from the floor. When crossing floor timbers, in cellars, or in rooms where they might be exposed to injury, wires must be attached by their insulating supports. to the under side of a wooden strip not less than one-half (½) an inch in thickness. For general suggestions on protection, see note under No. 24 e. See also note under No. 18 e. MINNEAPOLIS BUILDING ORDINANCES. 337 ELECTRIC WIRES, ETC. 36. TRANSFORMERS. (When permitted inside buildings other than central stations, see No. 13.) (For construction rules, see No. 62.) (See also Nos. 13 and 13A.) a. Must be located as near as possible to the point at which the primary wires enter the building. Transformers must not be placed inside of buildings without spe- Transform- cial permission from the Electrical Inspector. not placed without permit. b. Must be placed in an enclosure constructed of fire resisting material; the enclosure to be used only for this purpose, and to be enclosure. kept securely locked, and access to the same allowed only to responsi- ble persons. Where to be located. Fireproof To be kept locked. Access to same. Insulation. ventilated. C. Must be effectually insulated from the ground, and the en- closure in which they are placed must be practically air tight, except How that it must be thoroughly ventilated to the outdoor air, if possible, through a chimney or flue. There should be at least six (6) inches air space on all sides of the transformer. 37. SERIES LAMPS. a. No multiple-series or series-multiple system of lighting will be approved. b. Must not, under any circumstances, be attached to gas fixtures. EXTRA HIGH POTENTIAL SYSTEMS. Series lamps, what not approved. Not attached tat fixtures. OVER 3,500 VOLTS. ered, such. Any circuit attached to any machine or combination of machines What consid- which develops a difference of potential, between any two wires, of over 3,500 volts, shall be considered as an extra-high-potential cir- cuit, and as coming under that class, unless an approved transform- Exception. ing device is used, which cuts the difference of potential down to 3,500 volts or less. CLASS D. FITTINGS, MATERIALS AND DETAILS OF CONSTRUC- TION. Extra high potential system. 38. PRIMARY WIRES. a. Must not be brought into or over buildings, except power Where stations and substations. brought in. 39. SECONDARY WIRES. installed. a. Must be installed under rules for high-potential systems when How their immediate primary wires carry a current at a potential of over 3,500 volts, unless the primary wires are installed in accordance with the requirements as given in rule 12A or are entirely underground, within city, town and village limits. (See also unabridged copy of National Electrical Code.) ALL SYSTEMS AND VOLTAGES. Insulated Wires-Rules 40 to 48. 338 MINNEAPOLIS BUILDING ORDINANCES. 1 Diameter not to vary, how much. Wires and cables, how tagged or marked. Rubber covered wire. To be tinned, how. Insulation. To be of rubber. Measure- ment, where made. Insulation resistance. Dielectric strength, how great. Under what conditions. How tested. Thickness of insulating wall. b. Must be of rubber or other approved substance, and of a thickness not less than that given in the following table: Thickness of. B. & S. Gage. 18 to 40. GENERAL RULES. a. Copper for insulated conductors must never vary in diameter so as to be more than two one-thousandths (2-1,000) of an inch less. than the specified size. b. Wires and cables of all kinds designed to meet the follow- ing specifications must be plainly tagged or marked as follows: 1. The maximum voltage at which the wire is designed to be I. used. 2. The words "National Electrical Code Standard.” 3. Name of the manufacturing company, and, if desired, trade name of the wire. 4. Month and year when manufactured. ELECTRIC WIRES, ETC. 41. RUBBER-COVERED WIRE. a. Copper for conductors must be thoroughly tinned. Insulation for Voltages between o and 600. 16 8 2 15 to 7 to I to 0000 • Circular Mils. 250,000 to 500,000 500,000 to 1,000,000 Over 1,000,000 · Thickness. 1-32 inch ·3-64 inch 1-16 inch 5-64 inch • • • • 3-32 inch 7-64 inch 1-8 inch Measurements of insulating wall are to be made at the thinnest portion of the dielectric. C. The completed coverings must show an insulation resistance of at least one hundred (100) megohms per mile during thirty (30) days' immersion in water at seventy (70) degrees Fahrenheit. d. Each foot of the completed covering must show a dielectric strength sufficient to resist throughout five (5) minutes the applica- tion of an electro-motive force of three thousand (3,000) volts per one sixty-fourth (1-64) of an inch thickness of insulation under the following conditions: The source of alternating electro-motive force shall be a trans- former of at least one (1) kilowatt capacity. The application of the electro-motive force shall first be made at four thousand (4,000) volts for five (5) minutes and then the voltage increased by steps of not over three thousand (3,000) volts, each held for five (5) minutes, until the rupture of the insulation occurs. The tests for dielectric strength shall be made on a sample of wire which has been immersed in water for seventy-two (72) hours. One (1) foot of the wire under test is to be submerged in a conducting liquid held in a metal trough, one of the transformer terminals being connected to the copper of the wire and the other to the metal of the trough. Insulations for Voltages between 600 and 3,500: e. The thickness of the insulating wall must not be less than that given in the following table: MINNEAPOLIS BUILDING ORDINANCES. 339 B. & S. Gage. 14 to I o to 0000 • 7 to I to ooo0 ELECTRIC WIRES, ETC. Circular Mils. 250,000 to 500,000 Over 500,000 *Covered by tape or braid. f. The requirements as to insulation and break-down resist- ance for wires of low-potential systems shall apply, with the excep- tion that an insulation resistance of not less than three hundred (300) megohms per mile shall be required. ··3-32 inch 3-32 inch* • • Thickness. • * 3-32 inch* 1-8 inch* Insulations for Voltages over 3,500: g. Wire for arc-light circuits exceeding thirty-five hundred (3,500) volts potential must have an insulating wall not less than three-sixteenths (3-16) of an inch in thickness, and shall withstand 'a break-down test of at least thirty-thousand (30,000) volts and have an insulation of at least five hundred (500) megohms per mile. The tests on this wire to be made under the same conditions as for low-potential wires. Specifica- Specifications for insulations for alternating currents exceeding 3,500 volts have been considered, but on account of the somewhat tions for complex conditions in such work, it has so far been deemed inexpedi- ent to specify general insulations for this use. insulations. Protecting Braid: Protecting braid. required. h. All of the above insulations must be protected by a substan- Where tial braided covering, properly saturated with a preservative com- pound. This covering must be sufficiently strong to withstand all the abrasion likely to be met with in practice, and sufficiently elastic to permit all wires smaller than No. 7 B. & S. gage to be bent around elasticity. a cylinder with twice the diameter of wire, without injury to the braid. Strength and 42. SLOW-BURNING WEATHER-PROOF WIRE. a. The insulation must consist of two coatings, one to be fireproof in character and the other to be weather-proof. The fireproof coating must comprise about six-tenths (6-10) of the total thickness of the wall. The completed covering must be of a thickness not less than that given in the following table: B. & S. Gage. 14 to 8 2 dadebul Thickness. 3-64 inch 1-16 inch 5-64 inch • Circular Mils. 250,000 to 500,000. 500,000 to 1,000,000. Over 1,000,000 Measurements of insulating wall are to be made at the thinnest portion of the dielectric. Either the fireproof or the weatherproof coating may be on the outside. This wire is not as burnable as "weatherproof," nor as subject to softening under heat. It is not suitable for outside work. • 3-32 inch 7-64 inch 1-8 inch quirements What re- to apply. Exception. Wire for arc- thickness of light circuits, insulating wall. Test of. How made. To be Insulation. fireproof. Thickness of completed coating and covering. Measure- ments, where made. which out- side. wire not suitable for outside work. 342 MINNEAPOLIS BUILDING ORDINANCES. A Fixture wire. How made. Solid con- ductors, how turned. Stranded conductor, how covered. Rubber insulation. Exception. Thickness. Covering. Thickness. Elasticity. Tests. Conduit wire. Require- ments. Single wire, lined con- duits. Unlined. conduits. Tape substi- tuted, when. Unlined conduits. 47. CONDUIT WIRE. (For installation rules, see No. 24n to p.) Second a. Single wire for lined conduits must comply with the require- ments of No. 41. For unlined conduits it must comply with the same requirements, except that tape may be substituted for braid, and in addition there must be a second outer fibrous covering, at least one thirty-second (1-32) of an inch in thickness and sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. b. For twin or duplex wires in lined conduit, each conductor duplex wires, must comply with the requirements of No. 41, except that tape may be substituted for braid on the separate conductors, and must have a substantial braid covering the whole. For unlined conduit, each con- Requirements ductor must comply with requirements of No. 41, except that tape may covering. Tenacity of. Twin or lined con- duits. be substituted for braid, and in addition must have a braid covering the whole, at least one thirty-second (1-32) of an inch in thickness and sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. Require- ments. Tape used, when. Outer con- ductor. Insulation. ELECTRIC WIRES, ETC. How covered. 46. FIXTURE WIRE. (For installation rules, see No. 24 v to y.) a. May be made of solid or stranded conductors, with no strands smaller than No. 30 B. & S. gage, and must have a carrying capacity not less than that of a No. 18 B. & S. gage wire. b. Solid conductors must be thoroughly tinned. If a stranded conductor is used, it must be covered by a tight, close wind of fine. cotton. C. Must have a solid rubber insulation of a thickness not less. than one thirty-second (1-32) of an inch for Nos. 18 to 16 B. & S. gage, and three sixty-fourths (3-64) of an inch for Nos. 14 to 8 B. & S. gage, except that in arms of fixtures not exceeding twenty-four (24) inches in length and used to supply not more than one (1) sixteen-can- dle-power lamp or its equivalent, which are so constructed as to render impracticable the use of a wire with one thirty-second (1-32) of an inch thickness of rubber insulation, a thickness of one sixty-fourth (1-64) of an inch will be permitted. -- d. Must be protected with a covering at least one sixty-fourth (1-64) of an inch in thickness, sufficiently tenacious to withstand the abrasion of being pulled into the fixture, and sufficiently elastic to per- mit the wire to be bent around a cylinder with twice the diameter of the wire without injury to the braid. e. Must successfully withstand the tests specified in Nos. 4IC and 41d. Tape used, when. C. For concentric wire, the inner conductor must comply with the requirements of No. 41, except that tape may be substituted for and tenacity. braid, and there must be outside of the outer conductor the same in- Thickness Concentric wire. Inner con- ductor. sulation as on the inner, the whole to be covered with a substantial braid, which for unlined conduits must be at least one thirty-second (1-32) of an inch in thickness, and sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. Require- ments. The braid or tape required around each conductor in duplex, twin and concentric cables is to hold the rubber insulation in place and prevent jamming and flattening. MINNEAPOLIS BUILDING ORDINANCES. 348 Nominal Internal Diameter. 48. ARMORED CABLE. a. The armor of such cables must have at least as great strength Strength of. to resist penetration of nails, etc., as is required for metal conduits (see No. 49b), and its thickness must not be less than that specified in Thickness. the following table: Inches. 1/8 1/4 3/8 1/2 3/4 ELECTRIC WIRES, ETC. I 11/4 1½ 2 Actual Internal Diameter. Inches. .27 .36 .49 .62 .82 1.04 1.38 1.61 2.06 Actual External Diameter Inches. .40 .54 .67 .84 1.05 1.31 1.66 1.90 2.37 Thickness of Wall. Inches. .06 08 • .09 .IO .II .13 .14 .14 .15 49. INTERIOR CONDUITS. (For installation rules, see Nos. 24 n to p and 25.) a. Each length of conduit, whether lined or unlined, must have the maker's name or initials stamped in the metal or attached thereto in a satisfactory manner, so that inspectors can readily see the same. Metal Conduits with Lining or Insulating Material: b. The metal covering or pipe must be at least as strong as the ordinary commercial forms of gas pipe of the same size, and its thick- ness must be not less than that of standard gas pipe as specified in the table given in No. 48. C. Must not be seriously affected externally by burning out a wire inside the tube when the iron pipe is connected to one side of the circuit. Armored cables. b. The conductors in same, single wire or twin conductors, must Conductors, insulating have an insulating covering as required by No. 41; if any filler is used covering. to secure a round exterior, it must be impregnated with a moisture repellant, and the whole bunch of conductors and fillers must have a used. separate exterior covering. Filler, how Table. g. The insulating lining must be at least one thirty-second (1-32) of an inch in thickness. The materials of which it is composed must be of such a nature as will not have a deteriorating effect on the in- sulation of the conductor, and be sufficiently tough and tenacious to Interior conduits. How Maker's marked, name. Strength of Thickness. covering. How not affected. d. Must have the insulating lining firmly secured to the pipe. lining. e. The insulating lining must not crack or break when a length Test of of the conduit is uniformly bent at temperature of 212 deg. Fahr. to an angle of 90 deg., with a curve having a radius of fifteen (15) inches, for pipes of one (1) inch and less, and fifteen (15) times the diameter of pipes for larger sizes. f. The insulating lining must not soften injuriously at a tem- perature below 212 deg. Fahr. and must leave water in which it is boiled practically neutral. Lining, how secured. Same. Thickness of lining. Materials on nature ency. of, suffici- 344 MINNEAPOLIS BUILDING ORDINANCES. Further test, submerging in water. Elbows and bends, how made. Iron or steel pipes used as conduits, when. To be gal- vanized, coated or enameled. Elbows and bends, how made. Outlet boxes. How made. To be gal- vanized, etc. Inlet holes closed when. How marked. Boxes with lined con- duits. Insulating lining. Wooden mouldings. How coated, etc. How made. Tubes and Bushing. Construction, ELECTRIC WIRES, ETC. withstand the abrasion test of drawing long lengths of conductors in and out of same. h. The insulating lining must not be mechanically weak after three (3) days' submerging in water, and when removed from the pipe entire, must not absorb more than ten (10) per cent of its weight of water during one hundred (100) hours of submersion. i. All elbows or bends must be so made that the conduit or lin- ing of same will not be injured. The radius of the curve of the inner edge of any elbow must not be less than three and one-half (3%) inches. UNLINED METAL CONDUITS. j. Plain iron or steel pipes of thicknesses and strengths equal to those specified for lined conduits in No. 49 b may be used as conduits, provided their interior surfaces are smooth and free from burs. In order to prevent oxidization, the pipe must be galvanized, or the in- terior surfaces coated or enameled with some substance which will not soften so as to become sticky and prevent the wire from being withdrawn from the pipe. k. All elbows or bends must be so made that the conduit will not be injured. The radius of the curve of the inner edge of any elbow not to be less than three and one-half (3½) inches. OUTLET BOXES. 1. Must be of pressed steel having a wall thickness not less than .081 in. (No. 12 B. & S. gage), or of cast metal having a wall thick- ness not less than 0.128 in. (No. 8 B. & S. gage). m. Must be well galvanized, enameled or otherwise coated, in- side and out, to prevent oxidization. - n. Inlet holes must be effectually closed when not in use by metal which will afford protection substantially equivalent to that of the walls of the box. 0. Must be plainly marked where it will be seen when installed with the name or trademark of the manufacturer. p. Boxes used with lined conduit must comply with the fore- going and in addition must have a tough and tenacious insulating lin- ing firmly secured in position. 50. WOODEN MOULDINGS. (For wiring rules, see No. 24, 1 and m.) 2. Must have, both outside and inside, at least two (2) coats of waterproof material, or be impregnated with a moisture repellent. b. Must be made of hard wood, such as maple or oak, in two pieces, a backing and a capping, and must afford suitable protection from abrasion. Must be so constructed as to thoroughly encase the wire and provide a one-half (2) inch tongue between the conductors and a solid backing, which, under grooves, shall not be less than three- eighths (3%) of an inch in thickness. 50 A. TUBES AND BUSHINGS. a. Construction-Must be made straight and free from checks or rough projections, with ends smooth and rounded to facilitate the drawing in of the wire and prevent abrasion of its covering. MINNEAPOLIS BUILDING ORDINANCES. 345 ELECTRIC WIRES, ETC. Test. b. Material and Test-Must be made of non-combustible insulat- Material. ing material, which, when broken and submerged for one hundred (100) hours in pure water at 70 deg. Fahr., will not absorb over one- half (2) of one per cent of its weight. 50 B. CLEATS. a. Construction-Must hold the wire firmly in place without Construction. injury to its covering. Sharp edges which may cut the wire should be avoided. b. Supports-Bearing points on the surface must be made by Supports ridges or rings about the holes for supporting screws, in order to avoid cracking and breaking when screwed tight. How made. C. Material and Test-Must be made of non-combustible insula- of what tion material, which, when broken and submerged for one hundred material. (100) hours in pure water at 70 deg. Fahr., will not absorb over one- half (2) of one per cent of its weight. How tested. d. Marking-Must have the name, initials, or trademark of the manufacturer stamped in the ware. e. table: 2. 51. SWITCHES. (For installation rules, see Nos. 17 and 22.) Sizes-Must conform to the spacings given in the following Sizes of. Distance Between Wires. Cleats. Voltage. Distance from Wire to Surface. 1½ inch 0.300. 2½ inches. preted. This rule will not be interpreted to forbid the placing of the neu- How inter- tral of an Edison three-wire system in the center of a three-wire cleat where the difference of potential between the outside wires is not over three hundred (300) volts, provided the outside wires are separated two and one-half (22) inches. How marked. KNIFE SWITCHES. Knife switches must be made to comply with the following speci- fications, except in those few cases where peculiar design allows the switch to fulfill the general requirements in some other way, and where it can successfully withstand the test of Section i. In such cases, the switch should be submitted for special exam- ination before being used. Table. GENERAL. RULES. Must, when used for service switches, indicate, on inspec- Current on tion, whether the current be "on" or "off." or off. operate. b. Must, for constant-current systems, close the main circuit and How to disconnect the branch wires when turned "off"; must be so construct- ed that they shall be automatic in action, not stopping between points To be when started, and must prevent an arc between the points under all circumstances. They must indicate whether the current be "on" or "off." automatic, etc. Switches. Rules. Knife switches. Specifica- tions for. C. Base-Must be mounted on non-combustible, non absorptive. Base of. insulating bases, such as slate or porcelain. Bases with an area of 346 MINNEAPOLIS BUILDING ORDINANCES. How mounted. Supporting screws. over twenty-five (25) square inches must have at least four (4) sup- porting screws. Holes for the supporting screws must be so located or countersunk that there will be at least one-half (½) of an inch space, measured over the surface, between the head of the screw or washer and the nearest live metal part, and in all cases when between parts of opposite polarity must be counter-sunk. to base, etc. Mounting. d. Mounting-Pieces carrying the contact jaws and hinge clips How secured must be secured to the base by at least two (2) screws, or else made with a square shoulder, or provided with dowel-pins, to prevent pos- sible turnings, and the nuts or screw-heads on the under side of the base must be counter-sunk not less than one-eighth (%) inch and cov- ered with a waterproof compound which will not melt below 150 deg. Fahr. Hinges. How equipped. Spring washers. Strength of. Metal required. Tempera- ture. Bearings. Crossbar Insulating material. How separ- ated. How secured. Connections. Switches, how. equipped. Clamps, where. Test. ELECTRIC WIRES, ETC. e. Hinges Hinges of knife switches must not be used to carry current unless they are equipped with spring washers, held by nut- locks or pins, so arranged that a firm and secure connection will be maintained at all positions of the switch-blades. Spring washers must be of sufficient strength to take up any wear in the hinge and maintain a good contact at all times. f. Metal-All switches must have ample metal for stiffness and to prevent rise in temperature of any part of over 50 deg. Fahr. at full load, the contacts being arranged so that a thoroughly good bearing at every point is obtained with contact surfaces advised for pure copper blades of about one (1) square inch for each seventy-five (75) am- peres; the whole device must be mechanically well made throughout. g. Cross-bars-All cross-bars less than three (3) inches in length must be made of insulating material. Bars of three (3) inches and over, which are made of metal, to insure greater mechanical strength must be sufficiently separated from the jaws of the switch to prevent arcs following from the contacts to the bar on the opening of the switch under any circumstances. Metal bars should preferably be covered with insulating material. To prevent possible turning or twisting the cross-bar must be secured to each blade by two screws, or the joints made with square shoulders or provided with dowel-pins. h. Connections-Switches for currents of over twenty-five (25) ampheres must be equipped with lugs, firmly screwed or bolted to the switch, and into which the conducting wires shall be soldered. For the smaller sized switches simple clamps can be employed, provided they are heavy enough to stand considerable hard usage. Where lugs are not provided, a rugged double-V groove clamp is advised. A set screw gives a contact at only one point, is more likely to become loosened, and is almost sure to cut into the wire. For the smaller sizes, a screw and washer connection with turned up lugs on the switch terminal gives a satisfactory contact. i. Test-Must operate successfully at fifty per cent overload in amperes and twenty-five per cent excess voltage, under the most se- vere conditions with which they are liable to meet in practice. This test is designed to give a reasonable margin between the ordi- nary rating of the switch and the breakdown point, thus securing a switch which can always safely handle its normal load. Moreover, MINNEAPOLIS BUILDING ORDINANCES. 347 ELECTRIC WIRES, ETC. there is enough lee-way so that a moderate amount of overloading would not injure the switch. j. Marking-Must be plainly marked where it will be visible, when the switch is installed, with the name of the maker and the cur- rent and the voltage for which the switch is designed. k. Spacings-Spacings must be at least as great as those given Spacings. in the following table. The spacings specified are correct for switches to be used on direct current systems, and can therefore be safely fol- lowed in devices designed for alternating currents. 125 Volts or Less: For Switch-boards and Panel Boards: 10 amperes or less 3/4 II-25 amperes 26-50 amperes Minimum Separation nearest metal parts of opposite polarity. Inches. • 10 amperes or less 11-35 amperes 36—100 amperes 101-300 amperes 301-600 amperes 601-1,000 amperes 126 to 250 Volts: For All Switches: 10 amperes or less 11-35 amperes 36-100 amperes 101-300 amperes 301-600 amperes 601-1,000 amperes • • • For Individual Switches: · • 251 to 600 Volts: For All Switches: IO amperes or less II-35 amperes 36—100 amperes · • • • • • • • • • • • I 11/4 • I 1/4 I 11/2 214 234 3 • • 1½ 134 ·3 214 212 234 Minimum Break, Distance Inches. Inches. 3/2 4 42 I 1/2 3/4 3/4 I 11/4 I 2 212 234 I 1¼ 4 1½ 2 21/4 22 234 - boards and On switchboards, the above spacings for 250 volts direct current Switch- are also approved for 440 volts alternating current. Switches on switches. switchboards with these spacings intended for use on alternating cur- rent systems with voltage above 250 volts must be stamped with the voltage for which they are designed, followed by the letters "A. C." Inches. 3 3/2 4 Stat Marking owner's name, cur- rent and voltage. For three-wire systems switches must have the break distance re- quired for circuits of the potential of the outside wires. Table of. How stamped. Table. Auxiliary Auxiliary breaks or the equivalent are recommended for switches breaks. designed for over 300 volts and less than 100 amperes, and will be re- quired on switches designed for use in breaking currents greater than 100 amperes at a pressure of more than 300 volts. 350 MINNEAPOLIS BUILDING ORDINANCES. Base. How mounted. Mounting. Metal. Terminals, how made, etc. Connections. Clamps, of what com- posed. Lugs. Test. How to operate. Marking. Name of maker, cur- rent and voltage. Spacings. Extent. ELECTRIC WIRES, ETC. they must be enclosed in cabinet boxes made to meet the require- ments of No. 54. This is necessary, because a severe flash may occur when such fuses melt, so that they would be dangerous if exposed in the neighborhood of any combustible material. f. Base-Must be mounted on slate or marble bases. Bases with an area of over twenty-five square inches must have at least four (4) supporting screws. Holes for supporting screws must be kept outside of the area included by the outside edges of the fuse-block terminals, and must be so located or counter-sunk that there will be at least one-half (½) of an inch space, measured over the surface, between the head of the screw or washer and the nearest live part. g. Mounting-Nuts or screw-heads on the under side of the base must be counter-sunk not less than one-eighth (%) of an inch, and covered with a waterproof compound which will not melt below 150 deg. Fehr. h. Metal-All fuse-block terminals must have ample metal for stiffness and to prevent rise in temperature of any part of over 50 deg. Fahr. at full load. Terminals, as far as practicable, should be made of contact form instead of being rolled out in thin strips; and sharp edges or thin projecting pieces, as on wing thumb nuts and the like, should be avoided. Thin metal, sharp edges and projecting pieces are much more likely to cause an arc to start than a more solid mass of metal. It is a good plan to round all corners of the terminals and to chamfer the edges. i. Connections-Clamps for connecting the wires to the fuse- block terminals must be of solid, rugged construction, so as to insure a thoroughly good connection and to withstand considerable hard usage. For fuses rated at over fifty amperes, lugs firmly screwed or bolted to the terminals and into which the conducting wires are soldered must be used. See note under No. 51 h. j. Test-Must operate successfully when blowing only one fuse at a time on short-circuits with fuses rated at fifty per cent above and with a voltage twenty-five per cent above the current and voltage for which the cutout is designed. k. Marking-Must be plainly marked, where it will be visible when the cutout block is installed, with the name of the maker and the current and the voltage for which the block is designed. 1. Spacings-Spacings must be at least as great as those given in the following table, which applies only to plain, open link-fuses mounted on slate or marble bases. The spacings given are correct for fuse-blocks to be used on direct-current systems, and can therefore be safely followed in devices designed for alternating currents. If the copper fuse-tips overhang the edges of the fuse-block terminals, the spacings should be measured between the nearest edges of the tips. 5 MINNEAPOLIS BUILDING ORDINANCES. 351 ELECTRIC WIRES, ETC. 125 Volts or Less: Minimum Separation nearest metal parts of opposite polarity. 10 amperes or less. II-100 amperes IOI-300 amperes 301-1,000 amperes 126 to 250 Volts: 10 amperes or less II-100 amperes IOI-300 amperes 301-1,000 amperes • • Inches. 3/4 • • • • · • • I I 11/4 12 13/4 2 .212 Minimum Break, Distance. Inches. 3/4 3/4 1 11/4 11/4 11/4 1½ 2 A space must be maintained between fuse terminals of the same polarity of at least one-half inch for voltages up to 125 and of at least three-quarter inch for voltages from 126 to 250. This is the mini- mum distance allowable, and greater separation should be provided when practicable. Table. Minimum distance. For 250 volt boards or blocks with the ordinary front-connected terminals, except where these have a mass of compact form, equiva- lent to the back-connected terminals usually found in switch-board work, a substantial barrier of insulating material, not less than one- Barrier, eighth of an inch in thickness, must be placed in the "break" gap, this barrier to extend out from the base at least one-eighth of an inch farther than any bare live part of the fuse-block terminal, including binding screws, nuts, and the like. where. For three-wire systems cutouts must have the break-distance Cutouts, required for circuits of the potential of the outside wires. break-dis- tance. ENCLOSED-FUSE CUTOUTS, PLUG AND CARTRIDGE TYPE. Enclosed fuse-cutouts How m. Base-Must be of non-combustible, non-absorptive insulat- Material of ing material. Blocks with an area of over twenty-five square inches constructed. must have at least four (4) supporting screws. Holes for support- ing screws must be so located or counter-sunk that there will be at least one-half (½) of an inch space, measured over the surface, be- tween the screw-heads or washer and the nearest live metal part, and in all cases when between parts of opposite polarity must be counter- sunk. n. Mounting-Nuts or screw-heads on the under side of the Mounting. base must be counter-sunk at least one-eighth of an inch and covered with a waterproof compound which will not melt below 150 deg. Fahr. O. Terminals Terminals of such a design that the block can- not be easily fused with anything but approved enclosed fuses are recommended for blocks of all capacities, and will be required on blocks having a rated capacity of sixty amperes or less. They must be secured to the base by two (2) screws or the equivalent, so as to How secured. prevent them from turning, and must be so made as to secure a thor- oughly good contact with the fuse. Terminals. 352 MINNEAPOLIS BUILDING ORDINANCES. Connections. Clamps, de- sign of. Strength. Lugs. Classifica- tion. Current and voltage. How de- signed. Table. Design. Marking. Fuses. Installation rules. Link fuses. Terminals. How made. Rating. How stamped. Data for testing. Marking. Construction Fusible wire, how attached. ELECTRIC WIRES, ETC. p. Connections-Clamps for connecting wires to the terminals must be of a design which will ensure a thoroughly good connection, and must be sufficiently strong and heavy to withstand considerable hard usage. For fuses rated to carry over sixty amperes, lugs firmly screwed or bolted to the terminals into which the connecting wires shall be soldered must be used. q. Classification-Must be classified as regards both current and voltage, and must be so designed that the bases of one class cannot be used with fuses of another class rated for a higher current or volt- age. The following classification is recommended: 0-250 Volts: 0-30 amperes. 31-60 amperes. 61-100 amperes. 101-200 amperes. 201-300 amperes. 301-500 amperes. 251-600 Volts: 0-30 amperes. 31-60 amperes. 61-100 amperes. 101-200 amperes. 201-300 amperes. 301-500 amperes. Design. Must be of such a design that it will not be easy. to form accidental short-circuits across live metal parts of opposite polarity on the block or on the fuses in the block. 53. FUSES. (For installation rules, see Nos. 17 and 21.) LINK FUSES. s. Marking-Must be marked, where it will be plainly visible when the block is installed, with the name of the maker and the volt- age and range of current for which it is designed. a. Terminals-Must have contact surfaces or tips of harder metal, having perfect electrical connections with the fusible part of the strip. The use of the hard metal tips is to afford a strong mechanical bearing for the screws, clamps, or other devices provided for holding the fuse. b. Rating-Must be stamped with about eighty per cent of the maximum current which they can carry indefinitely, thus allowing about twenty-five per cent overload before the fuse melts. With naked open fuses, of ordinary shapes and with not over 500 amperes capacity, the minimum current which will melt them in about five minutes may be safely taken as the melting point, as the fuse practically reaches its maximum temperature in this time. This data is given to facilitate testing. C. Marking-Fuse terminals must be stamped with the maker's name or initials, or with some known trade mark. Enclosed Fuses, Plug and Cartridge Type. d. Construction-The fuse plug or cartridge must be sufficiently dust-tight so that lint and dust cannot collect around the fusible wire and become ignited when the fuse is blown. The fusible wire must be attached to the plug or cartridge ter- minals in such a way as to secure a thoroughly good connection and to make it difficult for it to be replaced when melted. MINNEAPOLIS BUILDING ORDINANCES. 353 ELECTRIC WIRES, ETC. e. Classification-Must be classified to correspond with the dif- Classification ferent classes of cutout blocks, and must be so designed that it will be impossible to put any fuse of a given class into a cutout block which. is designed for a current or voltage lower than that of the class to which the fuse belongs. f. Terminals-The fuse terminals must be sufficiently heavy to ensure mechanical strength and rigidity. g. Rating-Must be rated at eighty per cent of the maximum Rating. current which they will carry indefinitely, and must open the circuit within five minutes when a current fifty per cent greater than their rated capacity is passed through them. h. Marking-Must be marked, where it will be plainly visible, Marking, with the name or trade mark of the maker and the voltage and cur- how. rent for which the fuse is designed. i. Temperature Rise-The temperature of the exterior of the Temperature fuse enclosure must not rise more than 125 deg. Fahr. above that of the surrounding air when the fuse is carrying the current for which it is rated. 0-125 volts 126-250 volts j. Test-Must not hold an arc or throw out melted metal or Test. sufficient flame to ignite easily inflammable material on or near the cutout, when only one fuse is blown at a time on a short-circuit, on a system having a capacity of three hundred (300) K. W. or over, at the voltage for which the fuse is rated. test. A number of fuses having considerable merit will probably not Fuses not fully stand this test. Such fuses will be carefully examined and tested, standing and approved with such limitations as safety requires. For example, a fuse which might be quite satisfactory in the small sizes or with a When moderate amount of resistance in circuit, but which under more severe conditions would arc considerably, might be approved without reser- vation up to certain limits and approved beyond these limits only when enclosed in cabinets or safely removed from combustible materials. Greater definiteness appears impossible in the present state of the art. approved. Between Parts of Opposite Polarity, Except at Switches and Link Fuses. • 53A. TABLET AND PANEL BOARDS. Tablet and panel boards. Minimum The following minimum distance between bare live metal parts distances. (bus-bars, etc.) must be maintained. When mounted on the same surface. • 3/4 inch. 1/4 inch. How designed. When held free in the air. ½ inch. 3/4 inch. Terminals. ½ inch. 3/4 inch. Between Parts of Table. same Polarity. At Link fuses. The spacings given in the first column apply to the branch con- ductors where enclosed fuses are used. Where link-fuses or knife- At switches, At switches or enclosed fuses, parts of the same polarity may etc. be placed as close together as convenience in handling will allow. It should be noted that the above distances are the minimum allow- Minimum able, and it is urged that greater distances be adopted wherever the allowable. conditions will permit. 354 MINNEAPOLIS BUILDING ORDINANCES. Application of table. Same. Same. Cutout cabinets. How con- structed. Lining. Object of lining. To be filled and painted, when. Door. How con- structed and arranged. To be kept closed. Bushings, Holes to be filled. Sockets. How con- structed. Standard sizes. How suitable. ELECTRIC WIRES, ETC. switches are used, the spacings must be at least as great as those re- quired by Nos. 51 and 52. The spacings given in the second column apply to the distance- between the raised main bars, and between these bars and the branch bars over which they pass. The spacings given in the third column are intended to prevent the melting a link fuse by the blowing of an adjacent fuse of the same polarity. 54. CUTOUT CABINETS. a. Material Cabinets must be substantially constructed of non- combustible, non-absorptive material, or of wood. When wood is used the inside of the cabinet must be completely lined with a non- combustible insulating material. Slate or marble at least one-quarter (4) inch in thickness is strongly recommended for such lining, but, except with metal conduit systems, asbestos board at least one-eighth (%) inch in thickness may be used in dry places if firmly secured by shellac and tacks. With metal conduit systems the lining of either the box or the gutter must be of one-sixteenth (1-16) inch galvanized, painted or enameled iron, or preferably one-quarter (4) inch slate or marble. The object of the lining of such cutout cabinets or gutters is to render the same approximately fireproof in case of short-circuit after the wires leave the protecting metal conduits. With wood cabinets the wood should be thoroughly filled and painted before the lining is put in place. b. Door-The door must close against a rabbet, so as to be per- fectly dust-tight. Strong hinges and a strong hook or catch are re- quired. Glass doors must be glazed with heavy plate glass, not less than three-sixteenths (3-16) of an inch in thickness, and panes should not exceed one (1) foot in width. A space of at least two (2) inches must be allowed between the fuses and the door. This is necessary to prevent cracking or breaking by the severe blow and intense heat which may be produced under some conditions. A cabinet is of little use unless the door is kept tightly closed, and especial attention is therefore called to the importance of having a strong and reliable catch or other fastening. A spring catch is ad- vised if a good one can be obtained, but most of those sold for use on cupboards, etc., are so small that they fail to catch when the door shrinks a little, or are so weak that they soon give out. Bushings Bushings through which wires enter must fit tight- ly the holes in the box, and must be of approved construction. The wires should completely fill the holes in the bushings, using tape to build up the wire, if necessary, so as to keep out the dust. 憋 ​55 SOCKETS. (For installation rules, see No. 27.) Sockets of all kinds, including wall receptacles, must be con- structed in accordance with the following specifications: a. Standard Sizes-The standard lamp socket must be suit- able for use on any voltage not exceeding two hundred and fifty (250) and with any size lamp up to fifty (50) candle-power. For lamps: 门 ​MINNEAPOLIS BUILDING ORDINANCES. 355 . ELECTRIC WIRES, ETC. larger than fifty (50) candle-power a standard keyless socket may be used, or if a key is required, a special socket designed for the cur- rent to be used must be made. Any special sockets must follow the general spirit of these specifications. marked. b. Marking-The standard socket must be plainly marked 250 How v., 50 c. p., and with the manufacturer's name or registered trade mark. Special sockets must be marked with the current and voltage for which they are designed. C. qualities of. Shell-Metal used for shells must be moderately hard, but Shell. not hard enough to be brittle or so soft as to be easily dented or knocked Metal, out of shape. Brass shells must be at least thirteen one-thousandths (13-1,000) of an inch in thickness, and shells of any other material Thickness. must be thick enouglr to give the same stiffness and strength as the required thickness of brass. d. Lining-The inside of the shells must be lined with insulat- Lining. ing material, which must absolutely prevent the shell from becoming a part of the circuit, even though the wires inside the socket should start from their position under the binding screws. The material used for lining must be at least one thirty-second (1-32) of an inch in thickness, and must be tough and tenacious. It must not be injuriously affected by the heat from the largest lamp permitted in the socket, and must leave water in which it is boiled practically neutral. It must be so firmly secured to the shell that it will not fall out with ordinary handling of the socket. It is prefer- able to have the lining in one piece. Special sockets. f. Frame and Screws-The frame which holds the moving parts must be sufficiently heavy to give ample strength and stiffness. Brass pieces containing screw threads must be at least six one- hundredths (6-100) of an inch in thickness. Į Material used. Thickness. How not affected, etc. How secured. The cap must also be lined, and this lining must comply with the requirements for shell linings. The shell lining should extend beyond the shell far enough so that no part of the lamp base is exposed when a lamp is in the socket. e. Cap—Caps, when of sheet brass, must be at least thirteen one- thousandths (13-1,000) of an inch in thickness, and when cast or made of other metals must be of equivalent strength. The inlet piece, except for special sockets, must be taped with a standard one-eighth (%) inch pipe thread. It must contain sufficient metal for a full, strong thread, and when not in one piece with a cap, must be joined to it in such a way as to give the strength of a single piece. Cap to be smooth, etc. There must be sufficient room in the cap to enable the ordinary capacity of wireman to easily and quickly make a knot in the cord and to push cap. it into place in the cap without crowding. All parts of the cap upon which the knot is likely to bear must be smooth and well insulated. The cap lining called for in the note to Section d will provide. a sufficiently smooth and well-insulated surface for the knot to bear upon. Cap, to be Shell lining. Caps. Thickness. Strength. Inlet piece. when approved. Sockets with an outlet threaded for three-eighths (3%) inch pipe Sockets, will, of course, be approved, where circumstances demand their use. This size outlet is necessary with most stiff pendants and for the proper use of reinforced flexible cord, as explained in the note to No. 28 d. Frame and screws. Sufficiency. Brass pieces -thickness. 356 . MINNEAPOLIS BUILDING ORDINANCES. Screws, size of. Spacing. Connections. How made. Lamp holder. Socket. Contact. Exposure. Base. Material of. Key. Handle of. How attached. Sealing. Screws to be sealed. How put together. Test. Keyless sockets. Sockets of insulating material. Require- ments. Porcelain sockets, when not accepted. Inlet bushing. When required. Bushings, size of hole. ELECTRIC WIRES, ETC. 1 Binding post, screws must not be smaller than No. 5 standard screw with about 40 threads per inch. g. Spacing-Points of opposite polarity must everywhere be kept not less than three sixty-fourths (3-64) of an inch apart, unless sepa- rated by a reliable insulation. h. Connections-The connecting points for the flexible cord must be made to very securely grip a No. 16 or 18 B. & S. gage con- ductor. A turned-up lug, arranged so that the cord may be gripped between the screw and the lug in such a way that it cannot possibly come out, is strongly advised. i. Lamp Holder-The socket must firmly hold the lamp in place so that it cannot be easily jarred out, and must provide a contact good enough to prevent undue heating with the maximum current allowed. The holding pieces, springs and the like, if a part of the circuit, must not be sufficiently exposed to allow them to be brought in lamp and socket. j.` Base-With the exception of the lining, all parts of insulating material inside the shell must be made of porcelain. k. Key-The socket key-handle must be of such a material that it will not soften from the heat of a fifty (50) candle-power lamp hanging downwards from the socket in the air at 70 deg. Fahr., and must be securely, but not necessarily rigidly, attached to the metal spindle which it is designed to turn. 1. Sealing-All screws in porcelain pieces which can be firmly sealed in place, must be so sealed by a waterproof compound which will not melt below 200 deg. Fahr. m. Putting Together-The socket as a whole must be so put together that it will not rattle to pieces. Bayonet joints or an equiva- lent are recommended. n. Test-The socket, when slowly turned "on and off" at the rate of about two or three times per minute, while carrying a load of one ampere at 250 volts, must "make and break" the circuit six thou- sand (6,000) times before failing. o. Keyless Sockets-Keyless sockets of all kinds must comply with the requirements for key sockets as far as they apply. p. Sockets of Insulating Material-Sockets made of porcelain or other insulating material must conform to the above requirements as far as they apply, and all parts must be strong enough to withstand a moderate amount of hard usage without breaking. Porcelain shell sockets being subject to breakage, and constitut- ing a hazard when broken, will not be accepted for use in places where they would be exposed to hard usage. q. Inlet Bushing-When the socket is not attached to a fixture, the threaded inlet must be provided with a strong insulating bushing having a smooth hole at least nine thirty-seconds (9-32) of an inch in diameter. The edges of the bushing must be rounded and all in- side fins removed, so that in no place will the cord be subjected to the cutting or wearing action of a sharp edge. Bushings for sockets having an outlet threaded for three-eighths inch pipe should have a hole thirteen thirty-seconds of an inch in diameter, so that they will accommodate approved reinforced flexible cord. MINNEAPOLIS BUILDING ORDINANCES. 357 ELECTRIC WIRES, ETC. 56. HANGER-BOARDS. a. Hanger-boards must be so constructed that all wires and cur- Hanger rent-carrying devices thereon will be exposed to view and thoroughly How insulated by being mounted on a non-combustible, non-absorptive in- constructed, sulating substance. All switches attached to the same must be so switches, constructed that they will be automatic in their action, cutting off to be auto- both poles to the lamp, not stopping between points when started and preventing an arc between points under all circumstances. matic, etc. 57. ARC LAMPS. (For installation rules, see Nos. 19 and 29.) a. Must be provided with reliable stops to prevent carbons from falling out in case the clamps become loose. b. All exposed parts must be carefully insulated from the cir- cuit. 58. SPARK ARRESTERS. (For installation rules, see Nos. 19 c and 29 c.) a. Spark arresters must so close the upper orifice of the globe that it will be impossible for any sparks, thrown off by the carbons, to escape. Arc lamps. Stops required. Insulation. C. Must, for constant-current systems, be provided with an ap- Automatic proved hand switch and an automatic switch that will shunt the cur- rent around the carbons, should they fail to feed properly. hand switch. The hand switch to be approved, if placed anywhere except on the lamp itself, must comply with requirements for switches on hanger- boards as laid down in No. 56. When approved. Spark arresters. How to close. Insulating joints. 59. INSULATING JOINTS. (See No. 26 a.) a. arranged. Must be entirely made of material that will resist the action Materials of. of illuminating gases, and will not give way or soften under the heat of an ordinary gas flame or leak under a moderate pressure. Must be so arranged that a deposit of moisture will not destroy the insulat- How ing effect; must show a dielectric strength between gas-pipe attach- ments sufficient to resist throughout five (5) minutes the application of an electro-motive force of four thousand (4,000) volts; and must be sufficiently strong to resist the strain to which they are liable to be subjected during installation. b. Insulating joints having soft rubber in their construction will not be approved. Strength. Soft rubber joints not approved. 60. RHEOSTATS. (For installation rules, see Nos. 4 a and 8 c.) a. Materials-Must be made entirely of non-combustible materi- als except such minor parts as handles, magnet insulation, etc. All segments, lever-arms, etc., must be mounted on non-combusti- ble, non-absorptive, insulating material. Rheostats. How made. How mounted. Resistance boxes are used for the express purpose of opposing Resistance the passage of current, and are therefore very liable to get exceed ingly hot. Hence they should have no combustible material in their construction. boxes, pur- pose 358 MINNEAPOLIS BUILDING ORDINANCES. ↓ Construction Clamps and lugs not re- quired, when How marked. Contacts, design of. Connections. Clamps, de- sign of. C. Connections-Clamps for connecting wires to the terminals must be of a design which will ensure a thoroughly good connection, Strength,etc. and must be sufficiently strong and heavy to withstand considerable hard usage. For currents For currents above fifty (50) amperes lugs firmly screwed or bolted to the terminals, and into which the connecting wires shall be soldered, must be used. Same. What to be avoided. How not.to be designed. Automatic device, re- quired. Overload releases, when not approved. Same. Test. ELECTRIC WIRES, ETC. b. Construction-Must have legs which will keep the current- carrying parts at least one (1) inch from the surface on which the rheostat is mounted. Efficiency of. The construction throughout must be heavy, rugged and thor- oughly workmanlike. Clamps or lugs will not be required when leads designed for soldered connections are provided. d. Marking-Must be plainly marked, where it may be readily seen after the device is installed, with the rating and the name of the maker; and the terminals of motor-starting rheostats must be marked to indicate to what part of the circuit each is to be connected, as "line," "armature," and "field." e. Contacts-The design of the fixed and movable contacts and the resistance in each section must be such as to secure the least ten- dency towards arcing and roughening of the contacts, even with care- less handling or the presence of dirt. In motor-starting rheostats, the contact at which the circuit is broken by the lever arm when moving from the running to the start- ing position, must be so designed that there will be no detrimental arcing. The final contact, if any, on which the arm is brought to rest in the starting position must have no electrical connection. Experience has shown that sharp edges and segments of thin ma- terial help to maintain an arc, and it is recommended that these be avoided. Segments of heavy construction have a considerable cool- ing effect on the arc, and rounded corners tend to spread it out and thus dissipate it. f. No Voltage-Release-Motor-starting rheostats must be so de- signed that the contact arm cannot be left on intermediate segments, and must be provided with an automatic device which will interrupt the supply circuit before the speed of the motor falls to less than one- third (1-3) of its normal value. g. Overload Release-Overload release devices which are inope- rative during the process of starting a motor will not be approved, unless other circuit-breakers or fuses are installed in connection with them. h. Test-Must, after one hundred (100) operations under the most severe normal conditions for which the device is designed, show no serious burning of the contacts or other faults, and the release ment by test. mechanism of motor-starting rheostat must not be impaired by such a No impair- test. If, for instance, the overload-release device simply releases the starting arm and allows it to fly back and break the circuit, it is in- operative while the arm is being moved from the starting to the run- ning position. Field rheostats, or main-line regulators intended for continuous use, must not be burned out or depreciated by carrying the full nor- MINNEAPOLIS BUILDING ORDINANCES. 359 ELECTRIC WIRES, ETC. mal current on any step for an indefinite period. Regulators in- Regulators. tended for intermittent use (such as on electric cranes, elevators, etc.), must be able to carry their rated current on any step for as long a time as the character of the apparatus which they control will permit them to be used continuously. 61. REACTIVE COILS AND CONDENSERS. a. Reactive coils must be made of non-combustible material, mounted on non-combustible bases and treated, in general, as sources of heat. b. Condensers must be treated like other apparatus operating Condensers. with equivalent voltage and currents. They must have non-combusti- ble cases and supports, and must be isolated from all combustible materials, and, in general, treated as sources of heat. I. Shall be run for eight (8) consecutive conditions of ser- vice, and at the end of that time the rise in temperature, as meas- ured by the increase of resistance of the primary coil, shall not ex- ceed 135 deg. Fahr. 62. TRANSFORMERS. (For installation rules, see Nos. 11, 13, 13 A and 36.) a. Must not be placed in any but metallic or other non-com- Where bustible cases. placed. On account of the possible dangers from burn-outs in the coils. (See note under No. 11 a.) It is advised that every transformer be so designed and con- nected that the middle point of the secondary coil can be reached if, at any future time, it should be desired to ground it. b. Must be constructed to comply with the following tests: 63. LIGHTNING ARRESTERS. (For installation rules, see No. 5.) a. Must be mounted on non-combustible bases; must be so constructed as not to maintain an arc after the discharge has passed: must have no moving parts. CLASS E. MISCELLANEOUS. Reactive coils. How made. How treated. Trans- formers. a. Outside wires should be run in underground ducts or strung on poles, and, as far as possible, kept off buildings, and must not be placed on the same cross-arm with electric light or power wires. They should not occupy the same duct, manhole or handhole of conduit systems with electric light or power wires. 2. The insulation of transformers when heated shall withstand Same. continuously for five (5) minutes a difference of potential of ten thousand (10,000) volts (alternating) between primary and secondary coils and between the primary coils and core, and a no-load "run" at double voltage for thirty (30) minutes. How de- signed and connected. How constructed. Tests. Lightning arresters. How constructed. mounted and 64. SIGNALLING SYSTEMS. Signalling systems. Governing wiring for telephone, telegraph, district messenger and Governs call-bell circuits, fire and burglar alarms, and all similar systems. what. Outside wires. How run or strung. 360 MINNEAPOLIS BUILDING ORDINANCES. Manholes and hand- holes. Sections of. Distance of pins on cross arms. Conductors to have protective device. Where located. Protector inside buildings. Require- ments. To be of copper. Have insu- lating cover- ing. Drip holes. How to enter buildings, How supported. Separation of wires. Care necessary. Porcelain bushings. Ground wire, how run. Require- ments. Material. Covering. How run. Attachment to pipe, etc. ELECTRIC WIRES, ETC. Single manholes, or handholes, may be separated into sections by means of partitions of brick or tile so as to be considered as con- forming with the above rule. b. When outside wires are run on same pole with electric light or power wires, the distance between the two inside pins of each cross- arm must not be less than twenty-six (26) inches. c. All aerial conductors and underground conductors which are directly connected to aerial wires must be provided with some ap- proved protective device, which must be located as near as possible to the point where they enter the building, and not less than six (6) inches from curtains or other inflammable material. d. If the protector is placed inside of building, wires, from out- side support to binding-posts of protector, must comply with the fol- lowing requirements: I. Must be of copper, and not smaller than No. 18 B. & S. gage. 2. Must have an approved rubber insulating covering (see No. 41.) 3. Must have drip loops in each wire immediately outside the building. 4. Must enter buildings through separate holes sloping upward from the outside; when practicable, holes to be bushed with non- absorptive, non-combustible insulating tubes, extending through their entire length. Where tubing is not practicable the wires shall be wrapped with two (2) layers of insulating tape. 5. Must be supported on porcelain insulators, so that they will not come in contact with anything other than their designed supports. 6. A separation between wires of at least two and one-half (22) inches must be maintained. In case of crosses these wires may become a part of a high- voltage circuit, so that care similar to that given high-voltage cir- cuits is needed in placing them. Porcelain bushings at the entrance holes are desirable, and this requirement is only waived under ad- verse conditions, because the state of the art in this type of wiring makes an absolute requirement inadvisable. e. The ground wire of the protective device shall be run in ac- cordance with the following requirements: I. Shall be of copper and not smaller than No. 18 B. & S. gage. 2. Must have an approved rubber insulating covering (see No. 41.) 3. Must run in as straight a line as possible to a good, perma- nent ground, to be made by connecting to water or gas pipe, prefer- Connections. ably water pipe. If gas pipe is used, the connection, in all cases, must be made between the meter and service pipes. In the absence of other good ground, connection may be made to a metallic plate or bunch of wires buried in permanently moist earth. In attaching a ground wire to a pipe it is often difficult to make a thoroughly reliable solder joint. It is better, therefore, where pos- sible, to carefully solder the wire to a brass plug, which may then be firmly screwed into a pipe fitting. Where such joints are made under ground they should be thor- oughly painted and taped to prevent corrosion. MINNEAPOLIS BUILDING ORDINANCES. 361 ELECTRIC WIRES, ETC. f. The protector to be approved must comply with the follow- Protector. ing requirements: Require- ments. mounted. 1. Must be mounted on non-combustible, non-absorptive insulat- How ing bases, so designed that when the protector is in place, all parts which may be alive will be thoroughly insulated from the wall to which the protector is attached. 2. Must have the following parts: A lightning arrester which will operate with a difference of po- tential between wires of not over five hundred (500) volts, and so arranged that the chance of accidental grounding is reduced to a minimum. A fuse designed to open the circuit in case the wires become crossed with light or power circuits. The fuse must be able to open the circuit without arcing or serious flashing when crossed with any ordinary commercial light or power circuit. A heat coil, if the sensitiveness of the instrument demands it, which will operate before a sneak current can damage the instru- ment the protector is guarding. Heat coils are necessary in all circuits normally closed through magnet windings, which cannot indefinitely carry a current of at least five amperes. The heat coil is designed to warm up and melt out with a cur- rent large enough to endanger the instruments if contained for a long time, but so small that it would not blow the fuses ordinarily found necessary for such instruments. These smaller currents are often called "sneak" currents. The wires would ordinarily be insulated, but the kind of insula- tion is not specified, as the protector is relied upon to stop all dan- gerous currents. Porcelain tubing or approved flexible tubing may be used for encasing wires where required as above. Parts required. Lightning arrester. Fuse. Heat coil. It is feared that if a burnable insulation were used, a chance spark might ignite it and cause a serious fire, for many installations contain a large amount of very readily burnable matter. Where necessary. 3. The fuses must be so placed as to protect the arrester and Fuses, how placed. heat coils, and the protector terminals must be plainly marked “line,” "instrument," "ground." g. Wires beyond the protector, except where bunched, must arranged. be neatly arranged and securely fastened in place in some convenient, workmanlike manner. They must not come nearer than six (6) inches to any electric light or power wire in the building unless encased in approved tubing so secured as to prevent its slipping out of place. Design of. Insulation. Wires, fire- h. Wires connected with outside circuits, where bunched to- resisting gether within any building, or inside wires, where laid in conduits or covering, ducts with electric light or power wires, must have fire-resisting cover- ings, or else must be enclosed in an air-tight tube or duct. when. 65. ELECTRIC GAS LIGHTING. a. Electric gas lighting must not be used on the same fixture Electric gas with the electric light. lighting. 362 MINNEAPOLIS BUILDING ORDINANCES. Moving picture machines. Top reel, how en- cased, etc. Box for film. Opening at side. Handle or crank, how secured. Shutter. Metal pan. Extra films. Insulation resistance. How to test. Insulation. Table. Test, how made. Soldering fiuid. Formula. Former ordinances repealed. ELECTRIC WIRES, ETC. 65 A. MOVING PICTURE MACHINES. a. Top reel must be encased in an iron box with hole at the bottom only large enough for film to pass through, and cover so ar- ranged that this hole can be instantly closed. No solder to be used in the construction of this box. b. A box must be used for receiving the film after being shown, made of galvanized iron with a hole in the top only large enough for the film to pass through freely, with a cover so arranged that this hole can be instantly closed. An opening may be placed at the side of the box to take the film out, with a door hung at the top, so ar- ranged that it cannot be entirely opened, and provided with a spring catch to lock it closed. No solder to be used in the construction of this box. C. The handle or crank used in operating the machine must be secured to the spindle or shaft so that there will be no liability of its coming off and allowing the film to stop in front of the lamp. A shutter must be placed in front of the condenser, arranged so as to be normally closed, and held open by pressure of the foot. A metal pan must be placed under the arc lamp to catch all e. sparks. f. Extra films must be kept in metal box with tight-fitting covers. INSULATION RESISTANCE. 66. The wiring in any building must test free from grounds; i. e., the complete installation must have an insulation between conductors and between all conductors and the ground (not including attachments, sockets, receptacles, etc.) not less than that given in the following table: Up to [C (6 333 (6 (C 66 (C 66 (C (C << (( (6 (C (C (6 5 amperes.. (C IO 67. a. 25 50 100 200 400 800 1,600 8 (C (( (( (C (( (( (6 • ·4,000,000 ohms << • • • 2,000,000 800,000 400,000 200,000 100,000 50,000 25,000 12,500 • (( .5 parts. .4 parts. I part. << (C The test may be made with all cutouts and safety devices in place. If the lamp sockets, receptacles, electroliers, etc., are also connected, only one-half of the resistance specified in the table will be required. (6 66 SOLDERING FLUID. The following formula for soldering fluid is suggested: Saturated solution of zinc chloride. Alcohol Glycerine SEC. II. The ordinance entitled "An ordinance regulating the running and maintaining of electric wires and plants within the City of Minneapolis," approved June 20, 1891, and all other ordinances amendatory thereof, including an ordinance entitled "An ordinance "( (C MINNEAPOLIS BUILDING ORDINANCES. 363 ELECTRIC WIRES, ETC. regulating the installing, running and maintaining of electric wires and plants within the City of Minneapolis," approved April 16, 1895, and all ordinances amendatory thereof, also an ordinance entitled "An ordinance regulating the installing, running and maintaining of elec- tric wires, apparatus and plants within the City of Minneapolis," ap- proved August 16, 1899, and all ordinances amendatory thereof, are hereby in all respects repealed. (As amended May 18, 1904,—30 C. P. 265.). SEC. 12. This ordinance shall take effect and be in force from and after its publication. 364 MINNEAPOLIS BUILDING ORDINANCES. Systems of gas pipes to be in con- formity with ordinance, Size of pipes. Quality of pipes, etc. How sup- ported and run. The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person or persons shall hereafter construct, ex- tend or alter any system of pipes for the conveyance, distribution or use of illuminating or fuel gas in any building, premises or estab- lishment, in the City of Minneapolis, except in conformity with the Not to apply provisions of this ordinance. This ordinance shall not apply to any to U. S. buildings. Permit required. system of gas piping in any building belonging to the United States or the State of Minnesota. Provided, always, that before any person. or persons shall hereafter construct, extend or alter any system of pipes for the conveyance, distribution or use of illuminating or fuel gas in any building, premises or establishment, within the City of Min- neapolis, he or they shall first obtain a permit from the Inspector of Buildings to so construct, extend or alter such system of pipes. (As amended April 14, 17, 1905, 31 C. P. —.) SEC. 2. In all systems of gas piping hereafter constructed in any building in the city of Minneapolis, the size of pipes shall not be less, and the length of pipes shall not be greater, in respect to the number of burners to be used thereon, than those specified in the fol- lowing table: An Ordinance Regulating Gas Fitting in the City of Minneapolis and Providing for Inspection of the Same. (Passed May 24, 1895. Approved May 28, 1895. Published in The Minneapolis Times May 31, 1895-21 C. P. 266. Amended April 17, 1905, 31 C. P. —.) Size of Pipe. 38 inch... ½ inch. 3/4 inch. I inch.. • • 1/4 inches... 1½ inches. I 3 4 2 inches... 2½ inches. inches. inches. GAS FITTING. • Greatest Length Allowed. IO feet.. 20 feet.. 50 feet.. 70 feet. .100 feet.. • • • • · • • 150 feet. 200 feet. 300 feet. •450 feet.. 600 feet. • • · • Greatest Number of Burners. 3 burners 6 burners 20 burners 35 burners 60 burners 100 burners 200 burners 300 burners 450 burners 750 burners • No 14-inch pipe shall be used, unless exposed, and for a short run only, and for not more than one or two burners. SEC. 3. The pipe used shall be the best quality of wrought iron, and fittings may be wrought or malleable iron. All pipes shall be suitably supported and stayed with pipe hooks, straps and screws. MINNEAPOLIS BUILDING ORDINANCES. 365 GAS FITTING. size of. All pipes must be run at least level, and joist notched not more than 15 inches from bearing. All split pipes must be removed. Pipes must be free from traps, and no drips will be allowed except where absolutely necessary. No cement shall be used in the pipes or fit- tings. Pipes shall not be painted or covered before inspection is made. All drops and openings for wall brackets must be made with a bend or long drop ell, the concealed end of which should be at least six inches long, and be well fastened with gas hooks or straps. Ells and nipples, or fastenings with nails will in no case be allowed. When outlets are not in close proximity to studding or joist, a notched wooden cross piece must be securely fastened to secure the same. Drops in large rooms must be not less than 2-inch. All main risers Drops, shall be run in an inside partition. The riser pipe or main outlet from meter must not be less than 14 inches. In blocks or store buildings, each house or store must be provided with separate riser. Each gas meter shall be located subject to the approval of the In- spector of Buildings. The service pipe shall be run inside of the building and both connections with the meter shall be made by the Gas Company. SEC. 4. No extension or alteration of any existing system of gas piping in any building shall be made without the inspection and approval of the Inspector of Buildings, in cases where more than 40 feet of exposed gas piping and more than three gas outlets are put in, or six feet of concealed piping with one opening. In cases of small jobs, notice of such work must be sent to the Inspector of Buildings, giving an outline of the work to be done, location and owner's name. Split pipes. No traps or drips, when. Cement. before Inspection painting, etc. Drops and how made. Ells, etc.. openings, not allowed. Outlets, how fastened. Main risers. Separate Size of. risers, where. Gas meter. Service pipe. Extensions and altera- tions. Approval of inspector. Small jobs. inspector. Notice to for in- SEC. 5. Upon the completion of any system of gas piping in Application any building in the City, and before the floors are laid or the pipes spection. and the fittings concealed, the gas fitter or other person doing the work shall file in the office of the Inspector of Buildings an application for inspection of such system of gas piping, and thereupon the Inspector of Buildings shall promptly cause the same to be inspected and tested with a pressure of not less than six inches upon a mercury gauge, the gauge and air pump for such testing to be furnished by the gas fitter or other person doing the work. If the testing and inspection be satisfactory to the Inspector of Buildings, a certificate of approval shall be issued by him. No meter shall be attached to any pipe or system of gas pipes previous to the issuance of such certificate. SEC. 6. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be subject to a fine of not less than Five Dollars nor more than One Hundred Dollars, or to im- prisonment until such fine is paid, not exceeding ninety days. SEC. 7. This ordinance shall take effect and be in force from Take effect. and after its publication. Where filed. Inspection and test. How made. of approval, Certificate, when Meter at- tached, when. violation of ordinance. Penalty. 366 MINNEAPOLIS BUILDING ORDINANCES. License required. Application to council for license. By whom. signed. Recom- mendation. Certificate from state board. Residence and age of applicant. Forfeiture of license, when.. License granted, when. PLUMBERS. An Ordinance Regulating the Licensing of Plumbers in the City of Minneapolis. (Passed April 9, 1897. Approved April 15, 1897. Published in The Minneapolis Times April 17, 1897-23 C. P. 168; as amended Dec. 1, 1897-23 C. P. 643.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person or persons, firm or corporation, shall carry on the business of plumbing within the City of Minneapolis, making any connections whatever with the water pipes, water mains, branch sewers, main sewers, drains or other service pipes of said City, or making any repairs, additions or alterations of any pipe, tap, stop- cock, water closet or any other fixture connected with or designed to be connected with the water works or sewer system of said City of Minneapolis, without first having obtained a license so to do in the manner prescribed as follows: SEC. 2. Any person or persons desiring to engage in the oc- cupation of plumbing or making connections or repairs as specified. in the foregoing section, shall first submit an application to the City Council of said City, which application shall be signed by at least. two practical plumbers of said city, recommending the applicant as a person regularly educated to the business, of good reputation and thoroughly qualified to carry on the business of a licensed plumber. And in addition thereto such person or persons shall at the time of such application to said City Council present to said City Council a certificate or certificates of competency from "The State Board of Commissioners of Practical Plumbing," as provided by the state law, being Chapter 319 of the laws of 1897. (As amended Dec. 1, 1897— 23 C. P. 643.) SEC. 3. Every person applying for a license under this ordi- nance must be a resident of the City of Minneapolis and not less than twenty-one years of age. Any plumber recommending an improper person for a license shall forfeit his license, if the Committee on Water Works of the City Council shall so determine. Application to be re- ferred to committee on SEC. 4. In the matter of granting of plumbers' licenses the City Council shall, upon the presentation of the application therefor, water works. refer the same to the Committee on Water Works, and such licenses shall be granted only upon recommendations made by said Com- mittee. MINNEAPOLIS BUILDING ORDINANCES. 367 PLUMBERS. required. by council. Conditions Before a license shall be granted, any person or persons, he or Bond they shall execute and deposit with the City Clerk a bond in the sum of Two Thousand Dollars, with two or more sureties thereon, to be approved by the City Council, which bond shall be conditioned that Approval of the applicant shall in all respects well and faithfully perform all things by him undertaken in the making of connections, repairs or taps of of bond. any kind with the water mains or pipes connected with the water works system of the City of Minneapolis, and shall save the said City of Minneapolis harmless of and from all accidents and damages conse- quent thereto or by reason of any opening in any street, lane or ave- nue made by him or by any person in his employ, for the purpose of putting down service pipes connecting with the water works of said City, and that he will restore all streets excavated by him to their former good condition, and will keep and maintain the street and sidewalk in good condition, to the satisfaction of the City Engineer, for the period of one year next thereafter, and that he will pay all pen- alties imposed upon him by the Committee on Water Works for the violation of any rule or regulation of the Water Works Department, and shall strictly comply with and do all things required by the ordi- nances of said City. Such applicant shall, before being granted a license also execute and deposit with the City Clerk a like bond in a like amount and upon the same conditions as the one above specified, covering his acts in making connections with or repairs on any service pipe connecting with the sewer system of said City of Minneapolis. Provided, that no licensed plumber shall become a surety on the bonds furnished or to be furnished by any applicant under this ordi- nance. SEC. 5. Power is hereby given the Committee on Water Works of the City of Minneapolis to revoke the license of any plumber, whenever in the opinion of said Committee the conduct of any licensed plumber, is or has been such as to justify such action. Such revocation to be subject to the approval of the City Council. It shall be the duty of the City Engineer of said City to notify the Com- mittee on Water Works of any violation of the provisions of any of the ordinances of the City of Minneapolis touching the duties of plumbers, that shall come under his observation. SEC. 6. Whenever two or more persons are to be engaged in the business of plumbing as a co-partnership or corporation, the license shall issue in the name of the firm, co-partnership or corporation ob- taining the same, and a revocation or forfeiture of such license shall be deemed to affect each individual composing said firm, co-partnership or corporation. SEC. 7. All licenses granted pursuant to the provisions of this ordinance shall be issued by the City Clerk, from books prepared by him for that purpose, and on the stub of which shall be kept the name of the licensee, his business location, the date of granting and the date of issuing the licenses, and such other detail as may be necessary to form a complete reference and memoranda of the license. To each person, firm or corporation entitled to receive plumbers' licenses under the provisions of this ordinance, the City Clerk shall Like bond work. for sewer Licensed plumber not to surety. Revocation of license, when. Approval of Engineer to notify coun- violations. cil of License to ship, etc... how issued. Revocation, effect of. to issue City clerk license. Stubs, data. Two licenses to be issued by clerk. * 368 MINNEAPOLIS BUILDING ORDINANCES. Sewer work. Laying wa- ter pipes, etc. Licenses to expire, when. License not transfer- ble. Place of business of licensee record of, where. Notice of removal. Violation of ordinance. Penalty. Repealing clause. Take effect. A PLUMBERS. issue two licenses; one authorizing the licensee to repair or lay Branch Sewers, connected with or to be connected with the Main Sewers of the City of Minneapolis, to excavate therefor, make extensions, addi- tions or alterations, and do all acts pertaining thereto as permitted by the ordinances of said City; and one authorizing the licensee to make repairs, lay water pipes connected with or to be connected with the water mains of said City, to excavate therefor, make extensions, additions or alterations, and do all acts pertaining thereto, as per- mitted by the ordinances of said city. All said licenses shall termi- nate and expire on the first Monday in May, next succeeding the issuance of the same, unless sooner revoked or forfeited as herein- before provided. And said licenses shall not be transferrable or as- signable. SEC. 8. On receiving his license the licensee shall have recorded in the City Clerk's office and also in the office of the Registrar of the Water Works and the City Engineer, his actual place of busi- ness, giving the street and number, and in case of removal therefrom, shall immediately notify said offices of the same. SEC. 9. Any person or persons violating any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be punished by a fine of not less. than Ten nor more than One Hundred Dollars, and may be impris- oned until such fine is paid, not exceeding ninety days. SEC. 10. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. SEC. II. This ordinance shall take effect and be in force from and after its publication. [ FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 369 FIRE LIMITS, BUILDINGS, ETC. An Ordinance Establishing the Fire Limits and Regulating the Construction and Removal of Buildings Therein, and the Carrying on of Business Deemed Hazardous on Account of Fire. (Passed Sept. 10, 1873. Approved Sept. 11, 1873. Published Sept. 12, 1873, in Minneapolis, Daily Tribune-p. 291 Record of Ordi- nances. Re-ordained Sept. 17, 1873. As amended May 18, 1877- 3 C. P. 57; Feb. 9, 1878—3 C. P. 203; Oct. 10, 1881, 7 C. P. 186; Oct. 4, 1882, 8 C. P. 259; Feb. 15, 1883, 8 C. P. 308; Oct. 22, 1885, 11 C. P. 520; Feb. 8, 1886; 11 C. P. 597; Feb. 19, 1886, 11 C. P. 605; Sept. 7, 1886; 12 C. P. 420; Nov. 29, 1886, 12 C. P. 575; Jany. 21, 1887, 12 C. P. 634; Aug. 24, 1887, 13 C. P. 551; Sept. 5, 1887, 13 C. P. 606; March 5, 1888, 13 C. P. 926; April 9, 1888, 13 C. P. 971; April 23, 1888, 14 C. P. 19; June 22, 1888, 14 C. P. 113; July 11, 1888; 14 C. P. 151; Oct. 8, 1888, 14 C. P. 389; April 1, 1889, 15 C. P. 131; Feb. 15, 1890, 16 C. P. 83; Oct. 12, 1891, 17 C. P. 552; June 16, 1893, 19 Č. P. 352; July 6, 1893, 19 C. P. 394; Aug. 16, 1893, 19 C. P. 513; Aug. 28, 1893, 19 C. P. 559; Aug. 28, 1893, 19 C. P. 599; June 2, 1896, 22 C. P. 254; June 14, 1900, 26 C. P. 231; Dec. 22, 1902, 28 C. P. 592; Dec. 14, 1903, 29 C. P. 652; Jan. 2, 1905, 30 C. P. 714; March 15, 1905, 31 C. P. 132, 133.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the following are designated as the fire limits Fire limits. of the City of Minneapolis, to-wit: Commencing at a point on the west bank of the Mississippi river, where said river bank is intersected by the center line of Third ave- nue north; thence southwesterly along the center line of Third ave- nue north to the right of way of the Great Northern Railway Com- pany; thence southwesterly along the said right of way to the center line of the alleys in Blocks 33 and 32, Town of Minneapolis; thence northwesterly along the center line of the alleys in Blocks 33, 32, 31, 30 and 29, in the Town of Minneapolis, and along the center line of Blocks 2, 5, 8 and II, in Bassett, Moore & Case Addition, to Plymouth avenue north; thence north along the center line of Blocks 14, 19, 22, 27, 30 and 35, in said Bassett, Moore & Case Addition, to the south boundary line of Block 37 in said addition; thence west to the south- west corner of Lot 8 in said Block 37; thence north to the north- west corner of said Lot 8; thence west to the southwest corner of Lot 3, in Block 12, North Minneapolis; thence north to the north- west corner of said Lot 3; thence northerly to the southwest corner of Lot 7, Block 13, North Minneapolis; thence north along the west. West side of river. 370 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Fire limits west side of river. تر FIRE LIMITS, BUILDINGS, ETC. line of said Lot 7, extended to the center of the alley running east. and west through said Block 13; thence along the center line of said alley extended to the center line of Fourth street north; thence south to the center line of Twentieth avenue north; thence east to the center line of Fourth street north; thence south along the center line of Fourth street north to the north line extended of Block 34, of Case & Others' Subdivision; thence east along the north line extended of said Block 34 to the northeast corner of Lot 1, in Block 342, in said Case & Others' Subdivision; thence south along the west boundary line of Blocks 36, 29, 28, 21, 20 and 13, to the southeast corner of Lot 9, in Mendenhall's Subdivision of Block II, Case & Moore's Addition; thence west through the center of said Mendenhall's Subdivision and Brown's Subdivision of Blocks 12 and 14 and Blackman's Subdivision of Block 13 of said Case & Moore's Addition to the center line of Lyndale avenue north; thence south on the center line of Lyndale avenue to a point therein west of the southwest corner of Lot 2, in Block 6 in Case & Other's Subdivision; thence east along the south line of Lots 2 and 11 in said Block 6, and Lots 2 and II in Block 7 of Case & Others' Subdivision to the center line of Fifth street north; thence southeasterly to the point where the east boundary line of said Fifth street north intersects the center line of the alley along the north line of Lots 9 and 16, in Auditor's Subdivision No. 56; thence east along the center line of said alley to the west line of Fourth street north; thence northeasterly to a point in the center of said Fourth street north west of the southwest corner of Lot 2 of Block 9 in Brown's Subdivision of Block 9, Case & Moore's Addition; thence east along the south line of Lots 2 and II in Block 9, and Lot 2 in Block 10 of Brown's Subdivision of Blocks 9 and 10, Case & Moore's Addition, to the southeast corner of said Lot 2, Block 10; thence southeasterly along the west boundary line of Blocks 12, 7, 6 and 1, in Bassett, Moore & Case's Addition, to the northwesterly line of Lot 4, in Block 25, Town of Minneapolis; thence southwesterly to the southwesterly corner of said Lot 4; thence southeasterly along the southwesterly line of said Lot 4 and along the center line of the alleys in Block 24, in said Town of Minneapolis, to the center line of Sixth avenue north; thence southwesterly along the center line of Sixth avenue north, to the center line of Third street north; thence southeasterly along the center line of said Third street north to the right of way of the St. Paul, Minneapolis & Manitoba Railway Company; thence southwesterly along said right of way to the center line of First avenue north extended; thence east along the said center line of First avenue north to the center line of Twelfth street north; thence southerly along the center line of said Twelfth street to the center line of Hawthorn avenue; thence southwesterly along the center line of said Hawthorn avenue to the center line of Sixteenth street; thence south along the center line of said Sixteenth street to the center line of Hennepin avenue; thence in a southwesterly direction along the line of said Hennepin avenue to the center line of Huron avenue; thence easterly along the center line of said Huron avenue to the center line of Harmon Place; thence northeasterly along the center line of said Harmon Place to the center line of FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 371 FIRE LIMITS, BUILDINGS, ETC. Willow street; thence southerly along the center line of said Willow street to the center line of Grant street; thence east along the center line of said Grant street to the center line of Sixth avenue south; thence northeasterly along the center line of said Sixth avenue south to the center line of Tenth street south; thence southeasterly along the center line of said Tenth street south to the center line of Eighth avenue south; thence northeasterly along the center line of said Eighth avenue south to the center line of Fourth street south; thence southeasterly along the center line of Fourth street south, to the center line of Eleventh avenue south; thence northeasterly along the center line of Eleventh avenue south to the southerly bank of the Mississippi river; thence northwesterly along said river bank to the place of beginning. (As amended June 16, 1893, 19 C. P. 352; Aug. 16 and 28, 1893, 19 C. P. 513, 559; June 14, 1900, 26 C. P. 231, Jan. 2, 1905; 30 C. P. 714; March 15, 1905, 31 C. P. 133.) Excepting therefrom the following described property, to-wit: Exception. Lot four (4), Block five (5), Snyder & Co.'s First Addition to the City of Minneapolis. (As amended Oct. 8, 1888, 14 C. P. 389.) Also excepting therefrom the following described property, to- Exception. wit: All of Block two (2), of Hoag's Addition to Minneapolis, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Pro- vided, that no frame buildings, fences or structures of any kind shall be erected thereon, except such as shall be necessary and consistent with the use of said premises for the purpose of a base ball park. (As amended April 1, 1889, 15 C. P. 131.) Also excepting therefrom the following described property, to- Exception. wit: All that part of Block forty-four (44) of Original Town of Minneapolis, lying northeasterly of and adjacent to the rear of north- easterly line of Lots one (1), two (2), three (3), four (4) and five (5), of said Block forty-four (44), of said Original Town of Min- neapolis, according to the plat of the same on file and of record in the office of the Register of Deeds of Hennepin County, State of Minnesota. Provided, that no frame buildings, fences or structures of any kind shall be erected thereon except an elevator and wheat house and such other buildings as may be necessary for the proper use and operation of such elevator and wheat house. (As amended Oct. 12, 1891, 17 C. P. 552.) Nicollet Also commencing at a point on the river bank on the westerly Fire limits, side of Nicollet Island formed by the intersection of the bank of Island. the Mississippi river with the center line of Eastman avenue ex- tended, and thence southeasterly along the river bank on the south- westerly side of said Nicollet Island to the most southeasterly point of said Island; thence northwesterly along the river bank on the north- easterly side of said Nicollet Island to the center line of Eastman avenue extended; thence southwesterly along said center line of East- man avenue to the point of beginning. (Added Aug. 28, 1893, 19 C. P. 559.) o Also, commencing at the Mississippi river, at an extension of First avenue northeast to said river; thence along the center line of said First avenue northeast to Fourth street; thence southeasterly along the center line of said Fourth street to the center line of First Fire limits of river. west side Fire limits, of river. east side 372 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Construction and repair of buildings, permit for. Exception. Walls of buildings within fire limits. Thickness. Buildings not to be used, when. Occupations prohibited. Shavings, etc. Fire-proof vault for. Removal of same. Fireworks. etc., manu- facture and storage of prohibited. FIRE LIMITS, BUILDINGS, ETC. avenue southeast; thence along the center line of First avenue south- east, in a southwesterly direction, to Second street; thence along the center line of Second street to Sixth avenue southeast; thence south- westerly along the center line of Sixth avenue southeast extended to the bank of the Mississippi river; thence northwesterly along the bank of the Mississippi river to the place of beginning. (Added Feb. 19, 1886, 11 C. P. 605.) No building shall hereafter be erected, enlarged or repaired within the boundaries of such Fire Limits until a permit for the erec- tion, enlarging or repair thereof shall have first been obtained from the City Council of said City, which permit shall be issued and re- corded by the City Clerk, who shall be entitled to a fee of one dollar for issuing such permit and making the record of the same. amended Feb. 9, 1878, 3 C. P. 203.) (As Excepting from the provisions of this ordinance the following described property, to-wit: Block 3, Camp & Walker's Addition to Minneapolis. (As amended June 2, 1896, 22 C. P. 254.) SEC. 2. No building or structure of any kind or description shall be erected or constructed within the fire limits, as defined in Section I of this ordinance, unless the outside and party walls there- of shall be not less than eight inches of brick, nor of stone less than eighteen inches, and with the exception of the front and rear walls, the inside wall of every third house shall extend above the roof of the house at least twelve inches. SEC. 3. That no buildings within said fire limits not constructed and built as provided in section two of this ordinance, except those now in use, shall hereafter be occupied or used, in whole or in part, as or for any of the trades, occupations, or business hereinafter men- tioned, to-wit: Planing mills, sash, door and blind factories, car- penter or cooper shops, wagon or carriage manufactories, cabinet or furniture manufactories, wood-turning and veneering works, agri- cultural implement manufactories, box or shingle factories, siding mills, resawing or saw mills, kilns for seasoning lumber, by any other process than steam or natural heat, and that in a fireproof vault or building of the same nature. No business, whether now established or hereafter commenced, shall be conducted or carried on within the specified fire limits in which shavings or light combustible material is made unless there is constructed in connection with every such establishment or manufactory a brick or fireproof vault or furnace, in which all shavings, sawdust, chips, or other light combustible refuse may be deposited and burned without endangering the works in which it is made, or the surrounding property; and all such refuse shall be promptly removed from the works and premises, either by burn- ing the same or drawing it away, and shall not be allowed to accu- mulate, either in the works or on the premises, unless stored in a fireproof vault, where the same may burn without causing alarm or danger to any other property. The manufacture of set ammunition, fireworks, the distillation or manufacture of naphtha, coal or other inflammable oils; the manufacture or storage of excelsior, except in bales, and all other extra-hazardous avocations, are hereby pro- hibited within the above described fire limits. - FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 373 FIRE LIMITS, BUILDINGS, ETC. when. SEC. 4. No wooden building or part of building within the fire Repair of limits prescribed in Section I of this ordinance shall be raised, en- etc. larged or repaired, except as herein provided; but any wooden build- ing may be removed from one lot to another lot within said fire Removal, limits, provided said building shall be determined to be worth more than 60 per cent of what it would cost to build a new building of like character; the Mayor and Committee on Fire Department West Division, to determine the value of said building; provided, further, that the City Clerk shall cause an advertisement to be inserted in the official paper of said city for ten days, of the name of the party apply- ing for such permit, the present location of the building to be moved, and the lot upon which it is proposed to move the same, and in each case give the name and number of the streets if possible; and all remonstrances against the granting of such permits must be filed with the City Clerk before the expiration of the said ten days, and the same reported to the City Council; and after said hearing, and the same being ordered by the City Council, the City Clerk shall grant such permits. The parties applying for permits shall pay the cost of the advertisement upon the application for the same, but no wooden building shall be removed from without said fire limits to any place within said fire limits; nor shall any wooden building within said fire limits, which may be damaged, be repaired, unless a permit shall first be obtained from the City Council, and in no case shall the building be so repaired as to be made to occupy a greater space than before the injury thereto; provided, that the owners or occupants of buildings within the fire limits shall have the right to raise wooden buildings to the established grade, and also to build basements or cellars of brick or stone under the buildings so raised to buildings to grade. Raising grade, etc. Unlawful SEC 5. Any owner, builder, or other person, who shall own, erection, etc. build or aid in the erection of any building or part of building within the said limits, contrary to, or in other manner than authorized by the provisions of this ordinance, or who shall own, remove, or assist in removing any such building from without said limits into the same, or own, repair, or assist in repairing any damaged wooden building contrary in either case to any provision of this ordinance, shall upon conviction thereof before the Municipal Court of said city, be pun- Penalty. ished by a fine of not less than twenty-five dollars, and not to exceed seventy-five dollars, and may be imprisoned until such fine is paid, not exceeding thirty days; and to like fine for every forty-eight Additional hours such persons shall fail to comply with the provisions of this penalty. ordinance, or continue in the violation thereof. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) how de- value of building, termined. Notice by clerk of proposed removal. Remon- strances. To be filed with city clerk, when. Permit for removal. Costs. Removal not when allowed, repairs from Permit for city council. Limited space. Building a SEC. 6. Any wooden building which may be erected, enlarged, nuisance, removed or repaired, or in process of erection, enlargement, removal, when. or repair, contrary to the provisions of this ordinance, shall be a nuisance; and upon information it shall be the duty of the Com- mittee on Fire Department West Division, after twenty-four hours' notice to the owner, occupant, person in charge, or builder thereof, Abatement. to abate the same, to instruct the Chief Engineer of the Fire Depart- ment, or, in case of his absence, the senior officer of the Fire Depart- 374 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. May be razed. Expense. Assessment or collection. Stove-pipes, how put up. Violation. Penalty. Additional penalty. Lights in stables, etc. Fires, when prohibited. Violation. Penalty. Accumula- tion of shavings, etc. Penalty. Exception. Stoves. How set up. Candles, how used. Accumula- tion of shav- ings, etc., prohibited. Removal of same. Notice by fire warden. Vacant buildings. Removal of paper, etc. How closed and locked. FIRE LIMITS, BUILDINGS, ETC. ment, to raze such building to the ground. The expense thereof shall be reported by the said Committee to the City Council, for assess- ment, or may be collected from the owner of such building by suit, as in other action. SEC. 7. No pipe of any stove or Franklin shall be put up un- less it be conducted into a chimney made of brick or stone, and any person putting up the pipe of any stove or Franklin contrary to this section, shall, for any such offense, upon conviction before the Mu- nicipal Court of said city, be punished by a fine of not less than five (5) nor more than ten (10) dollars, and may be imprisoned until such fine is paid, not exceeding thirty days; and the further sum of one (1) dollar for every twenty-four hours the same shall re- main put up, after notice given by any fire warden or member of the police force of said city to remove the same. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) SEC. 8. No lighted candle, or lamp, shall be used in any stable, or other place or building, where hay, straw or other combustible materials shall be kept, unless the same shall be well secured in a lantern, and no fire shall be kept in any stove, or otherwise, in any such building, or any room where such combustible material is kept, and any person violating any provision of this section shall, upon conviction thereof before the Municipal Court of said city, be pun- ished by a fine of not less than five (5) nor more than ten (10) dol- lars, and may be imprisoned until such fine is paid, not exceeding thirty days. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) SEC. 9. Every person keeping or occupying a shop or other building, wherein shavings or combustible materials are made, accu- mulated, or may be contained, shall forfeit the sum of two dollars for every neglect to clear or remove the same out of such buildings, and the yards belonging thereto, at least twice in each week; provided, such buildings are situated within two hundred feet of any other building; and no stove shall be used in any such shop or building, unless the same be set in a box surrounded with fireproof material, with the pipe carefully set up according to the provisions hereof; and no lighted candle shall be used in any such building, shop or except they be placed in a candlestick made of a material not liable to take fire. No owner or occupant of any building, or lot or tract of ground within the City of Minneapolis shall permit any accumulations of shavings, paper, or other combustible material in any such building or on any such lot or tract of ground; and every such owner or occupant shall, within twenty-four hours after being ordered so to do by the Fire Warden or any police officer of said city, remove from such building, lot or tract of ground any shavings, paper or other combustible material accumulated thereon. The owner of any building in the City of Minneapolis shall, when- ever the same becomes vacant or unoccupied. remove therefrom forth- with all paper or other combustible materials accumulated therein, and shall securely close and keep closed all doors, windows or other openings into such building while the same remains unoccupied. FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 375 FIRE LIMITS, BUILDINGS, ETC. Penalty. And any person violating any provision of this section shall, Violation. upon conviction thereof before the Municipal Court of said city, be punished by a fine of not less than two ($2) dollars nor more than five ($5) dollars and may be imprisoned until such fine is paid, not exceeding thirty days. (As amended May 18, 1877, 3 C. P. 58; April 9, 1888, 13 C. P. 971; and July 6, 1893, 19 C. P. 395.) etc., not to be thrown on street, etc. SEC. 10. No person in removing any chips or shavings, or other Chips, shav- combustible material, shall scatter or strew them in any street, or shall at any time direct, permit or suffer any chips, shavings or other combustible material to be taken or thrown, or scattered, on any street or alley. And any person violating any provision of this sec- Violation. tion shall upon conviction before the Municipal Court of this city be punished by a fine of not less than one (1) or more than two (2) Penalty. dollars, and may be imprisoned until such fine is paid, not exceed- ing thirty days. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) streets, etc. SEC. II. No persons shall carry fire in or through any street Fire in or lot, or other public or private place, except the same be placed or covered in some close or secure pan or other vessel, and any person violating any provision of this section shall, upon conviction thereof Violation. before the Municipal Court of said city, be punished by a fine of not less than one (1) dollar, nor more than two (2) dollars, and may Penalty. be imprisoned until such fine is paid, not exceeding thirty days. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) to be kept. SEC. 12. No ashes shall be kept or deposited in any part of Ashes, how said city within the fire limits thereof except the same shall be in a close and fireproof vessel or brick or stone ash room; and without the fire limits no ashes shall be kept or deposited within five feet Where not of any wooden structure, partition or fence. (As amended Dec. 22, 1902, 28 C. P. 592.) to be kept. How con- structed. No flue Flues, stove-pipe. SEC. 13. No chimney shall be built with less than four inches Chimneys. thickness, of brick or stone, completely imbedded in lime mortar, and plastered on the inside with a smooth coat of the same. shall in any case be less than eight by eight inches; and if intended size of. for two full stories, not less than eight by twelve inches; and for three stories or more, not less than eight by sixteen inches. Holes Holes for for stovepipe shall have a sheet iron thimble, or other fireproof ma- terial inserted into the chimney, imbedded in mortar, and a tin or sheet iron stopper, with a flange at least one inch wide, outside of the brick. Every person who shall build or cause to be built, a Violation. chimney contrary to this section, shall upon conviction thereof be- fore the Municipal Court, be punished by a fine of not less than five nor more than ten dollars, and may be imprisoned until such fine is paid, not exceeding thirty days; and every owner of any chimney that shall be built contrary to this section, shall cause the same to be altered within ten days after notice shall be given by Fire Warden or any member of the police force of said city so to do, or forfeit fire warden. the sum of ten dollars, and also ten dollars for every month there- Penalty. after, so long as said chimney shall remain unaltered. (As amended Additional penalty. May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) Penalty. Notice by Alteration of required, chimney when. 376 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Chimney foundation, Violation. SEC. 14. No person shall build or cause to be built a chimney where not to resting upon any part of a building liable to settle, unless such be built. foundation is permanently connected with the rafters where the chimney passes through the roof, so that the whole may settle together, and any person violating any provision of this section shall upon con- viction thereof before the Municipal Court of said city, be punished by a fine of not less than three (3) dollars nor more than five (5) dollars and may be imprisoned until such fine is paid, not exceeding thirty days, and a further sum of ten dollars for every week it shall remain after notice given by any Fire Warden, or any member of the police force of said city, to alter the same. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) SEC. 15. No chimney shall be commenced in any loft, unless there are fixed stairs leading to the same, easy of access at all times; and no stove pipe shall pass through more than one ceiling before entering a chimney, under a penalty of ten dollars for every week either shall remain, after notice shall be given by the Fire Warden. or member of the police force to alter the same. Penalty. Additional penalty. Chimneys in lofts. Stove-pipes in ceilings. Penalty. Stove-pipes, where not placed. Protection of. Penalty. Additional penalty. Chimneys of boiler rooms. How built. Height of. Violation. Penalty. Lumber yards prohibited. Penalty. Additional penalty. Hatchways, hoistways, etc. FIRE LIMITS, BUILDINGS, ETC. How pro- tected. SEC. 16. Stovepipes shall not be less than four inches from any wood or other combustible materials, unless there is a double cir- cle of tin connected together, and air holes through the connecting tin between said pipe and the combustible substance, under the pen- alty of three dollars, and the sum of one dollar for every three days it shall remain after notice from any Fire Warden or any member of the police force to alter the same. SEC. 17. All chimneys erected in any building or place, within the city, for manufacturing purposes appertaining to, used or to be used for conveying off the smoke of any steam boiler or steam en- gine, shall be firmly and substantially built of brick or stone, or of such other material as shall be approved by the Committee on the Fire De- partment, and shall be erected to the height of not less than fifty-five (55) feet. Any person or persons who shall build or contract (con- struct) or use or occupy any chimney heretofore or hereafter built for the purpose above specified, of any other material or any other manner than above specified, shall upon conviction thereof before the Municipal Court of said city, be punished by a fine of not less than twenty (20) nor more than fifty (50) dollars, and may be im- prisoned until such fine is paid, not exceeding thirty days. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) SEC. 18. No lumber yard, for the sale of lumber, shall be kept upon any premises within the fire limits, which are not now occupied for that purpose, under a penalty upon the person or persons keep- ing the same, of ten dollars for every offense, and a like penalty for every week the same shall be allowed to remain. SEC. 19. All buildings within the city having hatchways, hoist- ways, cellar openings, or other openings, leading from floor to floor (except properly protected skylights) of whatever name or descrip- tion, shall be provided with good and substantial shutters and doors for all such hatchways, hoistways, cellar doors, and other openings, and the said shutters or doors shall be kept closed, except when in closed, when. actual use, from the hours of six o'clock p. m. to six o'clock a. m. Doors,etc., to be kept FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 377 FIRE LIMITS, BUILDINGS, ETC. Penalty. C of each day. All persons violating any or either of the provisions Violation. of this section shall, on conviction thereof before the Municipal Court, be punished by a fine of not less than fifty nor more than seventy- five dollars, and may be imprisoned until such fine is paid, not ex- ceeding twenty days, and shall also in addition be personally liable Additional to firemen or persons, in damages for all injuries by reason of such violation or neglect. (As amended May 18, 1877, 3 C. P. 58, and April 9, 1888, 13 C. P. 971.) liability. SEC. 20. It shall be unlawful for any person, persons or cor- poration to keep for sale or in storage in any building within the corporate limits of the City of Minneapolis, any crude petroleum, gasoline, naphtha, benzine or camphene, exceeding ten gallons in quantity, which shall be kept in close metallic cans, free from leaks, and each can not exceeding five gallons in holding capacity, and the drawing of which shall be done by daylight or electric light only; provided, however, a quantity not exceeding sixty gallons may be kept in metal tanks or cans under fireproof cover outside of any building; and provided, however, a quantity not exceeding two hun- dred gallons may be kept in metal tanks in a building used exclu- sively for that purpose, and well ventilated at the bottom of the en- closure, situated not less than ten feet from all other buildings; and provided, further, a quantity not exceeding five hundred gallons may be kept in a metal tank buried beneath the surface of the earth, with filling and ventilating pipes properly affixed thereto, and situated not less than ten (10) feet from all buildings and having no con- nection with any building or buildings. And it shall be unlawful for any person, persons or corporation to keep for sale or in storage within the corporate limits of the City of Minneapolis for illuminating purposes, any refined carbon oil, kerosene oil or other product of coal, rock or earth oils, of the fire. test of 120 degrees Fahrenheit, as prescribed by the statutes of Min- nesota, exceeding fifty gallons in quantity; provided, however, a quan- tity of said oil not exceeding three hundred gallons in quantity may be lawfully kept for sale or in storage if said oil is contained in en- closed metallic tanks or cans free from leaks; and provided, fur- ther, that a quantity of said oil not exceeding five hundred gallons in quantity may be lawfully kept for sale or in storage if said oil shall be contained in a brick vault, situated outside of a building, and having no connection with any building; and provided, further, that a quantity of said oils not exceeding one thousand gallons in quantity may lawfully be kept for sale or in storage, if said oil is kept in a separate building used exclusively for that purpose and situated not less than thirty (30) feet from all buildings, or if said oil is kept. in metallic tanks buried beneath the surface of the earth and not within any building. And it shall be unlawful for any person or persons or corpora- tion to keep for sale or in storage within the corporate limits of the City of Minneapolis, any quantity of the spirits of turpentine in ex- cess of three hundred gallons, without the same be kept or stored in metal tanks. Provided, further, a quantity not exceeding six hundred (600) gallons may be kept in a metal tank of not less than 14 gauge gal- Gasoline, spirits, etc. storage un- Sale and lawful, when. Quantity allowed. How kept. When and how to be Metallic tanks, 60 and where drawn. gallons, how kept. 200 gallons, how and where kept. 500 gallons, how and where kept. oil, etc. Kerosene Sale and storage of. when exceed- Unlawful, g 50 gallons. in metallic tanks, when 500 gallons, how and allowed. where kept. 1.000 gallons, where kept. how and Spirits of turpentine. storage unlawful, Sale and when. 600 gallons kept, how. may be 378 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Tanks, etc., how installed and kept. Crude petro- leum, etc. In front of buildings, etc. How long allowed. Fire-proof warehouses. Application for permit to use same. Permit not allowed, when. Permit. Consent of mayor. Not to be subject to ordinance. Gas, gas jets, etc., not to be used or lighted, where. To take effect. FIRE LIMITS, BUILDINGS, ETC. vanized steel, or if not galvanized, then not less than 12 gauge steel, buried in the ground to the depth of at least four (4) feet in the clear, and not nearer such building than two and one-half (22) feet; the filling pipe to be properly connected so as to fill the tank from the outside, and said tank may be connected by a galvanized pipe not larger than one and one-half (1½) inch, and approved galvanized pump placed inside of such building. All of such tanks, pipes and pumps shall be installed and kept under the direction and approval of the Fire Marshal of the city, and only upon application with specifications to the Chief Engi- neer of the Fire Department. And no crude petroleum, gasoline, naphtha, benzine, carbon oil, camphene, spirit gas, burning fluid, or spirits of turpentine, shall be kept or stored, in front of any building on any street, alley, wharf, lot or sidewalk, for a longer time than is sufficient to receive in store, or in delivering the same; provided, such time shall not exceed six hours. (As amended Dec. 14, 1903, 29 C. P. 652; March 15, 1905, 31 C. P. 133.) SEC. 21. Any person, persons, company or corporation having within the City of Minneapolis and outside the fire limits thereof a brick, stone or metal covered warehouse detached from and clear of all other buildings, and at least fifty (50) feet distant therefrom and exclusively used for the storage of any of the articles named in Sec- tion 20 of this ordinance, and properly ventilated for that purpose, having beneath its ground floor an open space or cellar three (3) feet or more in depth below the surface of the adjacent ground, or a suitable plat of ground on which to erect storage tanks, may apply to the City Council of this city for permit to use said premises ex- clusively for the purpose of storing the articles and substances named in Section 20 hereof. But no such permit shall be granted for the storage of any of said articles or substances within the fire limits of the city, except as such storage is permitted by Section 20 of this ordinance. In case the City Council, with the consent of the Mayor, shall grant a permit to use any such warehouse or plat of ground for the storage of said articles or any thereof, such warehouse, plat of ground and persons using the same for said purposes shall not be subject to the provisions of Section 20 of this ordinance. No person, company or corporation shall place or use, or cause to be placed or used, any gas, gas jet, oil lamp, stove or furnace of any kind, or light or use or cause to be lighted or used, any gas, gas jet, oil lamp or flame of fire of any kind in any warehouse or other place or building in the City of Minneapolis in which shall be stored any of the articles or substances named in paragraph one of Sec- tion 20 of this ordinance, in quantities exceeding ten gallons. (As amended Dec. 14, 1903, 29 C. P. 652.) SEC. 22. This ordinance shall take effect and be in force from and after its publication. FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 379 FIRE DEPARTMENT. FIRE DEPARTMENT. An Ordinance Regulating the Fire Department of the City of Minneapolis. (Passed Oct. 22, 1884. Approved Oct. 28, 1884. Published Oct. 29, 1884, 10 C. P. 438; as amended April 9, 1888, 13 C. P. 971; Nov. 4, 1903, 29 C. P. 594; Dec. 3, 1903, 29 C. P. 634.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Fire Department shall consist of a chief en- gineer, two assistant engineers, one of whom shall be called the first assistant engineer and the other the second assistant engineer, one superintendent of the city telegraph, one master mechanic, one sec- retary, one assistant secretary, one assistant superintendent of fire alarm, one veterinary surgeon, and such number of district engineers, captains, lieutenants, engineers, hosemen, drivers, truckmen, telegraph operators and as many permanent and transient members as the num- ber of engines and other fire apparatus of the city shall from time to time require. (As amended Nov. 4, 1903, 29 C. P. 594.) The compensation for service in the fire department shall be established by resolution at the same time as that of other city officers. SEC. 2. G - The Chief Engineer shall have power to appoint proper persons to fill the respective positions in the Fire Department, sub- ject to the approval of the City Council. SEC. 5. The Chief Engineer and two assistant engineers, to be designated by the Chief Engineer, shall constitute a Board of En- gineers for the purpose of hearing and determining all cases for the violating of any rules, regulations or orders of said department, or other breach of discipline, and a majority of said board shall have } Provided, however, that the salaries already established for the fiscal year shall remain the same, and that the salaries for the new offices created under this ordinance shall be as follows for the bal- ance of the fiscal year: Permanent captains, $1,020 per annum; transient captains, $480 per annum; transient firemen, $420 per an- num; permanent firemen, first year's service, $840 per annum; per- manent firemen, second year's service, $900 per annum. SEC. 3. The City Council, at its first annual meeting each year, Chief or as soon thereafter as may be, shall elect a Chief Engineer, who engineer. shall hold the office for one year and until his successor is chosen, Term. unless sooner removed by the City Council. Election. Provided, that the Chief Engineer already appointed shall hold his office for this year and until his successor is elected. And further provided, that the City Council of the City of Min- neapolis shall have power at any time to declare the said office vacant for neglect of duty or misconduct in office, by a vote of not less than two-thirds of the members of said Council, and may also Two-thirds declare said office vacant in case of death or removal from the city required. and in case of vacancy as aforesaid the City Council may at once vacancy. fill such vacancy by election. vote How filled. SEC. 4. Appointment of members by chief engineer. Approval of council. Board of Duties of engineers. Fire De- partment. stituted. How con- Officers and members. Compensa- when estab- tion. lished. Year 1884. office de- clared va- cant, when. 380 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Power to punish for violation of rules, etc. Duty to investigate cause of fires. Record of results. Rules and regulations. All members subject to Reduction in rank, when. Power of chief engineer. Discharge, when. Written charges preferred by chief, when. Suspension during pendency of charges. Transfer to another company. Chief to have abso- lute control over members. May estab- lish rules and regula- tions. Duties of chief engineer. Bills. Records. Attend fires. Orders to be obeyed. Additional records. Annual report. Fires, cause of same. FIRE DEPARTMENT. power to punish the offending party by reprimand, forfeiture and withholding pay for a specified time, or with the consent of a ma- jority of the Committee on Fire Department, dismissal from the de- partment. It shall be the duty of the Board of Engineers to in- vestigate the cause of all fires which may occur in the city, as soon as may be after they occur, and record the result of such investiga- tion in a book to be kept by the Chief Engineer for that purpose. SEC. 6. All members of the fire department shall be subject to and strictly comply with all rules and regulations made and adopted from time to time by the Board of Engineers and approved by the fire committee. SEC. 7. The Chief Engineer, when charges of incompetency, lack of energy or judgment are preferred and proven against any member holding any position above the grade of pipeman may, in his discretion, reduce such officer to any lower position, which he may deem the said officer competent to fill; but otherwise, when either of said charges are proven against such officer, he shall, with the con- sent of a majority of the Committee on Fire Department, be dis- charged from the department. SEC. 8. The Chief Engineer may prefer written charges, with- out oath, for any violation of the rules, regulations or orders of said. department against any member thereof upon his own knowledge or upon written information to him by any member of the depart- ment. During the pending of charges against any member of the department, the Chief Engineer may suspend from duty any such member until such charges can be examined by him. The Chief En- gineer, when he deems it for the best interests of the department, may transfer any officer or member from one company to another. SEC. 9. The Chief Engineer shall have sole and absolute con- trol and command over all persons connected with the fire depart- ment of the city and shall possess full power and authority over its organization, government and discipline, and to that end he may pre- scribe and establish from time to time such rules and regulations as he may deem advisable. G SEC. 10. The Chief Engineer shall at all times supervise and keep in repair and ready for instant use, all the property of the city connected with the fire department, and shall certify all bills against the city chargeable to said fire department. He shall keep a record of the organization of all companies, membership, vacancies, appoint- ments and dismissals and all notices issued. He shall attend all fires happening in any division of the city, and all orders issued by him to any other officer or member of the department shall be promptly obeyed. He shall also cause to be kept, in books for that purpose, a full and complete record of all transactions in said department, of complaints against members, and the judgment of the Chief Engineer thereupon, of time lost by them, and of all property placed in his charge, and such other books and records as shall be required by the business of the department, which books shall always be open for the inspection of any member of the City Council. He shall also report at the end of the fiscal year, in writing, upon the condition of the department, the number of fires that have occurred in the city during the year preceding, the cause of the same, so far as can FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 381 FIRE DEPARTMENT. be ascertained, the number of buildings destroyed or injured, the Buildings names of the owners or occupants of the same, the value of the property destroyed, as near as can be ascertained, and the amount of insur- ance upon the buildings and other property, which said report shall be published or filed and preserved in the office of the City Clerk. SEC. II. The Chief Engineer shall prepare and submit to the City Comptroller, on or before the first day of August in every year an estimate of the whole cost and expense of providing for and main- taining the fire department of said city during the current fiscal year, which estimate shall be in detail, and shall be laid by said Comptroller before the City Council with his annual estimate. SEC. 12. On and after Nov. 1, 1884, all members of engine Organization of depart- and hose, hook and ladder and chemical companies at fire stations ment. A, B, C, D, E, F, G, H and I shall be classed as permanent members. All other fire companies hereafter organized by order of the City Additional Council shall have such number of permanent and transient or all permanent members as the Chief Engineer shall designate, with the approval of the City Council. companies. T SEC. 13. All transient members of the department shall re- and shall port to their respective stations on or before 9 o'clock p. m., remain subject to all rules and regulations governing full paid men until 6 o'clock a. m.; from 6 o'clock a. m. until 9 o'clock p. m. they shall report at all fires or alarms, under a penalty of one dollar fine for such non-attendance, said fine to be deducted from the monthly salary of such absentee. They will also be required to respond to a call from their respective captains for special duty, practice, chang- ing or drying hose, etc. SEC. 14. The Chief Engineer shall make suitable regulations under which the officers and men of the department shall be required to wear some appropriate uniform and badge by which, in case of fire, and at other times, the authority and relation of such officers and men in said department may be known as the exigencies of their duties may require. owners and value of same. SEC. 17. The Chief Engineer, or any assistant engineer in com- mand, may prescribe limits in the vicinity of any fire within which not person excepting those who reside therein, firemen and policemen and those admitted by order of any officer of the fire department shall be permitted to come. Insurance. Publication of report. Annual estimate of department. Transient members. To report, when. Penalty for non-attend- ance. Practice, etc. and badge. Uniform Regulations for wearing fires. same at employment. SEC. 15. No permanent member of the fire department shall be Exclusive engaged in any other employment, nor shall he receive compensation for the performance of any other service for the city, nor shall any member of the fire department act as executive committeeman or at- tend any political convention as delegate, or be allowed to hold tickets at any public election or engage in politics further than to cast his vote at any election for the candidate or candidates of his choice. - Oath of SEC. 16. It shall be the duty of the Chief Engineer and each office, etc. member of the fire department to be qualified by the City Clerk, by oath or affirmation, that he will faithfully observe the constitution and laws of the state of Minnesota, the charter and ordinances of the City of Minneapolis, and perform to the best of his ability all the duties of his office. Members not to engage in politics, etc. Working limits. Exclusion of therefrom. people 382 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Removal of property, when. Destruction of buildings, when. Chief engi- neer, full control. Assistants to act, when. Foreman to act, when. Assistance, power of chief to command. Neglect or refusal to obey. Insult. Interference. Giving orders. Refusal of firemen, etc. Penalty. Assistant engineers. Powers and duties. Foremen, Duties of. Order and discipline. Driving over hose. FIRE DEPARTMENT. SEC. 18. The Chief Engineer or any assistant engineer in com- mand shall have power to cause the removal of any property when- ever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire, or to protect adjoining property. SEC. 19. No building or structure of any kind shall be blown up or otherwise destroyed for the purpose of checking the progress of any fire, except in case of absolute necessity, and then only upon the order of the Chief Engineer, or in case of his absence, upon the order of the Assistant Engineer. SEC. 20. The Chief Engineer shall have full power, control and command over all persons whomsoever, at any fire, and in his absence the first assistant engineer shall perform his duties, and in the ab- sence of the chief and first assistant engineer, the second assistant shall discharge the duties of the chief, and in the absence of all the engineers, the senior foreman, in whose district the fire occurs, shall act as Chief Engineer. SEC. 21. The Chief Engineer, or person in command, shall have power to command such assistance from the inhabitants of the city, not members of the fire department, for the extinguishment of fire and for the preservation of property exposed to fire, as may in his judgment be required, and in case any person shall neglect or refuse to render assistance as above required, or shall refuse to obey any other lawful order of the officer in command, or who shall insult, menace or interfere with any officer or man connected with the de- partment when on duty, or who shall without authority give any order to any member of the department while on duty, or if any fireman or other person shall refuse to do as aforesaid, such person in either case so offending shall, upon conviction thereof before the Municipal Court of said city, be punished by a fine not exceeding twenty-five dollars, and may be imprisoned until such fine is paid, not exceeding thirty days. (As amended April 9, 1888, 13 C. P. 971.) SEC. 22. Each assistant engineer shall obey all orders of the Chief Engineers and shall at all times assist him in his duties. In case of the absence or disability of the Chief Engineers, the powers and duties conferred and imposed upon him by this ordinance shall devolve on and be performed by the assistant engineers respectively in the order of their rank. SEC. 23. It shall be the duty of the foreman of each company to see that the engines and other apparatus committed to his care, and the several buildings in which the same are deposited, and all things in and belonging to the same, are kept neat and clean, and in order for immediate use. It shall also be their duty to preserve order and discipline at all times in their respective companies and require and enforce a strict compliance with the city ordinance and the rules and regulations of the fire department. SEC. 24. If any wagon, cart, street rail car, steam car, or other vehicle, be driven over the hose belonging to the fire department of the City of Minneapolis laid in the streets at the occurrence of any fire. in the city, or at any alarm of fire, the owner, driver or drivers of such vehicle shall be subject to prosecution before the Municipal Court FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 383 FIRE DEPARTMENT. of said city, and upon conviction, shall be fined in any sum not ex- Penalty. ceeding ten dollars for the first offense and upon any subsequent con- viction for the same offense shall be subject to a fine of not more Fine. than fifty dollars in the discretion of the court, and in default of the payment of such fine may be imprisoned until such fine is paid, not Imprison- exceeding sixty days. (Ás amended April 9, 1888, 13 C. P. 971, and ment. April 24, 1888, 14 C. P. 30.) liquors SEC. 25. In case of and during the continuance of a fire no in- Furnishing toxicating liquors shall be allowed among the firemen or be brought at fires. onto the ground for any purpose except the same shall have been ordered by the Mayor or Chief Engineer, and any person or persons. furnishing any intoxicating liquor to firemen during a fire except as herein provided, shall forfeit and pay a fine of not less than five nor more than twenty-five dollars for each and every offense, and in default may be imprisoned until such fine is paid, not exceeding thirty days. (As amended April 9, 1888, 13 C. P. 971, and April 24, 1888, 14 C. P. 30.) SEC. 26. No cards, dice, gambling apparatus or intoxicating drinks shall be brought into, be used, or remain in any building occu- pied by the department, and none but members of the department shall occupy any such building without permission of the Chief En- gineer. Penalty. Cards, dice, gambling, etc., pro- hibited. Occupancy of buildings. SEC. 27. It shall be the duty of all members of the fire depart- Meddlers. ment to prevent all persons not belonging to the department from entering any house or handling any apparatus belonging to the de- partment without permission. SEC. 28. Any member of the fire department receiving injuries or becoming sick or disabled while in the discharge of his duties, so as to prevent him from attending to his duties as such member, shall, for the space of sixty (60) days, providing his disability shall last that length of time, receive his usual salary. Disability of members. Salary for 60 days. The fact of such disability and its duration shall be shown by a certificate made out by the attending physician, stating the nature and the cause of the injury, sickness or disability, and any other informa- tion which the committee of the City Council on fire department may require. The certificate shall be subscribed and sworn_to_ by the physician furnishing it. (As amended Dec. 3, 1903, 29 C. P. 634.) SEC. 29. Each member of the fire department shall be furnished with a copy of the rules and regulations prescribed by the Chief Engineer for the government of the department. SEC. 30. Every member of the fire department when on duty Badges. shall wear a suitable badge, furnished by the city, and any member who shall lose or destroy the same shall be required to pay the cost of replacing it; and whenever any member shall leave the department, Return of he shall immediately deliver his badge and all other property belong- ing to the city, to the proper officer. property. Certificate of disability. To be sworn to by physi- cian. Copy of rules. SEC. 31. The Chief Engineer, for meritorious services rendered by any member of the fire department in the due discharge of his duty, may permit any member of the said department to retain for his own benefit any reward or present tendered him therefor; and it shall be cause of removal for any such member to receive any re- Notice to ward or present without notice thereof to the Chief Engineer. chief. Rewards. Retention of when. by members, 384 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Resignation without per- mission. Forfeiture of salary. Absence without leave. Resignation, when. Inspection annually. Notice to council. Superintend- ent of fire alarm telegraph. Duties. Record books. Annual report. General supervision and direction. Batteries, etc. Telegraph rules. Box keys. Duplicate keys, mak- ing of not allowed. Penalty. FIRE DEPARTMENT. SEC. 32. No member of the department, under penalty of for- feiting the salary or pay which may be due to him, shall withdraw or resign, except by permission of the Chief Engineer. Unexplained absence without leave of any member of the department for five days shall be cause for removal and forfeiture of all pay due; but it may, at the option of the Chief Engineer, be deemed and held to be a resignation by such member, and accepted as such. SEC. 33. There shall be a general inspection of the fire depart- ment, houses, engines and other apparatus belonging thereto, by the fire committee annually, in the spring of each year, and it shall be the duty of the Chief Engineer to appoint the day for such inspec- tion, and to give due notice thereof to the City Council. SEC. 34. There shall be appointed by the Chief Engineer for the approval of the City Council a person who shall be a practical and skilled electrician, to be called the superintendent of the fire alarm telegraph, who shall have the general superintendence of the fire alarm telegraph, under the direction of the Chief Engineer. SEC. 35. He shall have charge of all apparatus, instruments, batteries, alarm boxes, and wires, belonging to or connected with said. department, and he shall see that the same are at all times kept in good working order, and promptly repaired when out of order, and shall test all the instruments and alarm boxes at least once a month. SEC. 36. He shall keep such books as may be necessary, in which shall be recorded all such matters as may be necessary for a full understanding of the operations of the telegraph, and shall annu- ally on or before the fifteenth day of February in each year make a full report of the operation of his office to the Chief Engineer. SEC. 37. He shall, under the direction of the Chief Engineer, see that the operators, linemen and assistants in his office do and per- form all such duties as may be required of them, to the end that the fire alarm telegraph shall be at all times in perfect working order and free from obstruction. SEC. 38. The batteries and instruments at the stations shall be in the care and operated by the officer in charge of the several sta- tions, all, however, under the control and direction of the said super- intendent. SEC. 39. He shall make such rules and regulations as he may deem most beneficial and expedient for the successful operation of said telegraph, subject to the approval of the Chief Engineer. SEC. 40. The superintendent of the fire alarm telegraph shall have the custody and control of all keys belonging to the various signal boxes. The said superintendent shall keep a record of all keys dis- tributed by him, and shall take receipts for the same. SEC. 41. If any person shall make or cause to be made, or have in his possession an impression or duplicate' of any signal key, with- out the permission of the Chief Engineer, or the superintendent of the fire alarm telegraph, such person upon conviction thereof before the Municipal Court shall be fined any sum not less than ten dollars nor more than one hundred dollars, and in default may be imprisoned until such fine is paid, not exceeding ninety days. (As amended April 9, 1888, 13 C. P. 971, and April 24, 1888, 14 C. P. 30.) FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 385 FIRE MARSHAL. Connections, etc. SEC. 42. It shall be unlawful for any person to give or cause to be given a false alarm, with intent to deceive, or to pull the lever of any signal box except in case of fire, or tamper, meddle or in- terfere in any way with said boxes, or any part thereof, or to cut, break, injure, deface or remove any of the said boxes, or any of the wires or supports thereof connected with any part of said system; or to make any connection or communication therewith so as to inter- rupt or interfere with the proper working of said system, or with evil intent to injure, break or destroy any machinery or fixtures con- machinery, nected with said system. Any person guilty of a violation of any of etc. the provisions of this section shall, upon conviction thereof, be fined ordinance. any sum not less than ten dollars, or more than one hundred dollars, Penalty. and in default may be imprisoned until such fine is paid, not exceeding ninety days. (As amended April 9, 1888, 13 C. P. 971, and April 24, 1888, 14 C. P. 30.) Injury to Violation of SEC. 43. All ordinances and parts of ordinances heretofore in Repeal. force relating to the fire department of said city are hereby repealed. SEC. 44. This ordinance shall take effect and be in force from and after its publication. FIRE MARSHAL. An Ordinance Prescribing the Manner of the Appointment and the Duties of Fire Marshal. (Passed June 9, 1893. Approved June 10, 1893. Published June 14, 1893, in the Minneapolis Times, 19 C. P. 332.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. The Chief of the Fire Department may appoint, subject to confirmation by the City Council, a Fire Marshal. SEC. 2. It shall be the duty of the Fire Marshal to enforce the provisions of all ordinances of the city relating to the construction and care of chimneys, the equipment of buildings with stand pipes, hose or fire extinguishers, the storing or keeping of oils, benzine, gunpowder, or any similar substances, and all ordinances of the City of Minneapolis, and all laws of the state of Minnesota in force within the City of Minneapolis, containing provisions designed to guard against danger from fire. SEC. 3. Said Fire Marshal is here given authority to, and is required to inspect buildings for the purpose of seeing if the Ordi- nances and Laws pertaining to precautions against fire, are fully com- plied with, and to that end is authorized to enter any dwelling or other building at all hours, between seven o'clock in the morning and six o'clock in the evening, for the purpose of inspecting such dwell- ing or building, and all owners or occupants of buildings in this city are hereby required to permit the Fire Marshal to make such in- spection. SEC. 4. It shall be the duty of the Fire Marshal to investigate all fires occurring within the City for the purpose of ascertaining the False alarms, Interference wires, etc. with boxes, To take effect. Fire marshal Appoinment. Duties of fire marshal. Enforce laws and ordinances. Authority of To inspect fire buildings. To enter when. buildings, Duty to fires. investigate 386 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Examine premises. Gather in- formation, etc. Further investiga- tion, when. Notice. Written statements to be made. Incendiary fires. Arrest. Record of fires, etc. To contain what. Monthly re- port to city council. Repeal. Take effect. Lumber piles, etc., prohibited. LUMBER AND MILL WOOD PILES-EAST SIDE. cause of such fire, and to that end the Fire Marshal or such assist- ants as the Chief of the Fire Department shall designate, shall per- sonally visit the place of each fire as soon after its occurrence as pos- sible, examine the premises, and gather such information as can be obtained from the owner or occupants of, and persons familiar with the premises, concerning the condition of the premises prior to the fire, and the place and manner of the origin of the fire; and if necessary or expedient in the judgment of the Fire Marshal or Chief of the Fire Department, the Fire Marshal may fix a time and place for a fur- ther investigation into the cause of any fire, and shall notify persons. having knowledge of the facts concerning such fire to appear at such time and place, and he shall then cause written statements of all facts within their knowledge concerning such fire to be made and signed. by such persons. If in any case from such examination it shall appear that a fire was of incendiary origin, it shall be the duty of the Fire Marshal to submit all statements in his possession to the County At- torney, and to cause the arrest of the guilty person if known. SEC. 5. It shall be the duty of the Fire Marshal to keep a record, wherein each day the locality and circumstances of the fires of the preceding twenty-four hours shall be noted. Such record shall con- tain the street and number where such fire occurred, the character of the building, the name of the owner and occupants, the amount of in- surance and the estimated value of the building and stock, and the estimated loss; also the time and place of the origin of the fire, and the cause of the fire, if ascertained. SEC. 6. It shall be the duty of the Fire Marshal to report to the City Council at its first regular meeting each month, a summarized statement of the facts shown by the records in his office concerning the fires of the previous month. SEC. 7. All ordinances in conflict with this ordinance are hereby repealed. SEC. 8. This ordinance shall take effect and be in force from and after its publication. 1 LUMBER AND MILL WOOD PILES-EAST SIDE. An Ordinance to Designate Where Lumber Piles and Mill Wood Piles Shall Not be Maintained in the City of Minneapolis. (Passed June 4, 1886. Approved June 14, 1886, 12 C. P. 88. As amended Aug. 11, 1887, 13 C. P. 405; Dec. 15, 1893, 19 C. P. 749; Feb. 27, 1894, 20 C. P. 109; Aug. 31, 1896, 22 C. P. 452; April 15, 1897, 23 C. P. 171; June 19, 1897, 23 C. P. 324; June 4, 1898, 24 C. P. 270; Aug. 2, 1899, 25 C. P. 412; Aug. 15, 1899, 25 C. P. 454.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person shall hereafter maintain any lumber piles or mill wood piles within those districts in the City of Minneapolis bounded as follows, to-wit: FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 387 LUMBER AND MILL WOOD PILES-EAST SIDE. First-Commencing in the center of Central avenue at the inter- section of Fourth street, thence running along the center of Central avenue easterly to the center line of the intersection of Sixth street, thence along the center line of Sixth street southerly to the intersection of the center line of Second avenue southeast; thence along the cen- ter line of Second avenue southeast easterly to the intersection of the center line of Eighth street; thence along the center line of Eighth street southerly to the intersection of the center line of Oak street; thence south along the center line of Oak street to the east bank of the Mississippi river; thence up stream along the east bank of the Mississippi river to the center line of Third avenue northeast; thence easterly along the center line of Third avenue northeast to the inter- section of the center line of Fourth street northeast; thence south- erly along the center line of Fourth street to the place of beginning; excepting therefrom that part of the territory above described which Exception. lies between the center line of Sixth avenue southeast, and Eleventh avenue southeast and between the Mississippi river and a line drawn from said Sixth avenue southeast to said Eleventh avenue southeast midway between University avenue and Second street southeast. (As amended Aug. 31, 1896, 22 C. P. 452.) Second-Commencing at the intersection of the center line of Main street and the northern line of Third avenue northeast, and run- ning along the north line of Third avenue northeast easterly to the center line of Harrison street; thence north along the center line of Harrison street to the intersection of the center line of Broadway; thence west along the center line of Broadway to the east line ex- tended of Lot 11, Auditor's Subdivision No. 29; thence north to the north line of said Lot 11, Auditor's Subdivision No. 29; thence west to a point one hundred and sixty-four (164) feet east of the center line of Monroe street; thence north on a line parallel with and one hundred and sixty-four (164) feet distant from the center line of Monroe street to the north boundary line of Lot 8, Auditor's Sub- division No. 29; thence west along the north line of said Lot 8 to the center line of Monroe street; thence south along the center line of Monroe street to the intersection of the center line of Fifteenth ave- nue northeast, if extended east to Monroe street; thence west on said center line of Fifteenth avenue northeast to Madison street, if extended northerly to the center line of Fifteenth avenue northeast, if so extended east; thence north to the intersection of the center line of Seventeenth avenue northeast, if extended east to Monroe street; thence west along the center line of Seventeenth avenue northeast to the intersection of the center line of Marshall street; thence south- erly on the center line of Marshall street to the center line of Four- teenth avenue northeast; thence southwesterly on the center line of Fourteenth avenue northeast to the center line of Ramsey street; thence northwesterly on the center line of Ramsey street to the cen- ter line of Water street; thence southwesterly on the center line of Between and Oak St. Central Ave. Between 3rd and Central Ave. N. E. Ave. Also excepting all that territory bounded by Fourth avenue south- Exception. east, extended, Tenth avenue southeast, the middle line of blocks 30 to 35 both inclusive, in St. Anthony Falls, and the Mississippi river. (As amended Aug. 11, 1887, 13 C. P. 405.) Between 3rd and Marshall Ave. N. E. St., etc. 388 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Removal of lumber piles, etc. Ordinance, how to apply. Lumber for building. Mill wood for domestic use. Fuel for manufactur- ing. Conditions. Violation of ordinance. Penalty. To take effect. Lumber and wood yards prohibited within fire limits on west side of river. LUMBER AND WOOD YARDS-WEST SIDE. Water street to the center line of Thirteenth avenue northeast; thence northeasterly on the center line of Thirteenth avenue northeast to the center line of Marshall street; thence southerly on the center lines of Marshall street and Rollins street to the center line of Third ave- nue northeast to the place of beginning. (As amended Aug. 2, 1899, 25 C. P. 412, 454; April 15, and June 19, 1897, 23 C. P. 171, 324; June 4, 1898, 24 C. P. 270; Dec. 15, 1893, 19 C. P. 749; Feb. 27, 1894, 20 C. P. 109.) SEC. 2. Every person now maintaining any lumber pile or mill wood pile within the district where the same are in this ordinance pro- hibited shall remove the same within ninety days after the publication of this ordinance. SEC. 3. This ordinance shall not apply to any person except those who maintain lumber piles and mill wood piles in large quan- tities for the purpose of storing, drying or selling the same in lots containing more than twenty-five (25) cords of mill wood or fifty (50) thousand feet of lumber, nor shall it apply to lumber piles which are placed upon any lot or any street or avenue adjacent thereto for the purpose of erecting any building, nor shall it apply to any person who stores mill wood upon the lot or lots upon which he resides for the purpose of use in or about his residence, nor shall it apply to lumber or fuel piled near any manufacturing establishment for actual use in said establishment, provided the yard in which the same may be piled shall be fenced with a tight board fence not less than six feet high, and which yards shall be so drained as not to permit of water standing on the ground of said yard to become stagnant. SEC. 4. Every person who shall violate any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars and may be committed until such fine is paid, not exceeding thirty days. (As amended April 9, 1888, 13 C. P. 971.) SEC. 5. This ordinance shall take effect and be in force from and after its publication. LUMBER AND WOOD YARDS-WEST SIDE. An Ordinance to Prevent the Maintaining of Lumber and Wood Yards, and Piling Lumber, Wood and Slabs Within the Fire Limits, as Now or Hereafter Established on the West Side of the River, in the City of Minneapolis, and for the Punishment for the Violation of Such Ordinance. (Passed May 20, 1887. Approved May 21, 1887. Published May 26, 1887, 13 C. P. 128. As amended April 9 and 24, 1888, 13 C. P. 971, 14 C. P. 30; April 6, 1889, 15 C. P. 155; May 14, 1894, 20 C. P. 268; April 3, 1895, 21 C. P. 120; Oct. 2, 1895, 21 C. P. 560.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. It shall be unlawful for any person or persons, after the passage and approval of this ordinance, to establish, keep, or re- stock any lumber or wood yard for the purpose of piling lumber, wood FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 389 LUMBER AND MILL WOOD PILES. or slab therein for sale, upon any premises situated within the fire limits, as now or hereafter established by ordinance for the west side of the river in the City of Minneapolis: Excepting there from Lots Exception. four (4), five (5), nine (9), ten (10), eleven (11) and twelve (12), in Block nineteen (19), Bassett, Moore & Case's Addition to Minne- apolis, and fifty-five (55) feet on Fourth street by one hundred and thirty-five (135) feet on Fourteenth avenue north, Lots one (1), two (2) and three (3), block eleven (11), Mendenhall's Subdivision. Fifty-five feet on Fourth street by 135 feet deep, commencing 35 feet. from Fourteenth avenue north, Lots 1, 2 and 3, block 11, Mendenhall's Subdivision; (and) excepting therefrom Block 31, and Lots 5 and 6 Exception. in Block 30, Bassett, Moore & Case's Addition to the City of Minne- apolis: Provided, that any person now having a lumber or wood yard within said limits shall have six months from the date of the passage 6 months for and approval of this ordinance to remove the same from said fire removal. limits: And provided further that nothing herein contained shall pro- Cord wood. hibit the piling of cord wood within said fire limits. (As amended Oct. 2, 1895, 21 C. P. 561; April 3, 1895, 21 C. P. 120; April 6, 1889, 15 C. P. 156; May 14, 1894, 20 C. P. 268.) SEC. 2. Any person violating the provision of this ordinance, on Violation of conviction thereof, shall be punished by a fine of one hundred dollars ordinance. for every offense, or in default may be imprisoned until such fine is Penalty. paid, not exceeding ninety days, and fifty dollars for every week the same shall be allowed to remain and in default may be imprisoned un- til such fine is paid, not exceeding sixty days. (As amended April 9, 1888, 13 C. P. 971; April 24, 1888, 14 C. P. 30.) SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. LUMBER AND MILL WOOD PILES. An Ordinance to Designate Where Lumber Piles and Mill Wood Piles Shall Not Be Maintained. (Passed Sept. 3, 1886. Approved Sept. 7, 1886, 12 C. P. 420. As amended April 13, 1898, 24 C. P. 160; June 4, 1898, 24 C. P. 270; Aug. 16, 1899, 25 C. P. 454; Aug. 22, 1899, 25 C. P. 486; May 4, 1900, 26 C. P. 146.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person shall hereafter establish or maintain any lumber piles or mill wood piles within the limits of the following de- scribed territory in the said City of Minneapolis, to-wit: Upon that part of the north one-half (%) of the northeast quar- ter of the southwest quarter of Section twenty-two (22) in township twenty-nine (29) north, of range twenty-four (24) west, of the fourth principal meridian in Hennepin County, Minnesota, which lies west. of Sixth street north in said City of Minneapolis. Lumber and mill wood piles pro- hibited. Where 392 FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. Calcium carbide. Violation of ordinance, Penalty. To take effect. Quantity. How kept and pro- tected. Notice to chief engi- neer upon receipt. Where stored The City Council of the City of Minneapolis do ordain as follows: SECTION I. All persons, companies and corporations having in their possession or under their control in the city of Minneapolis any calcium carbide in quantities of 40 pounds and upwards shall keep the same, when not in use, in a dry place and well protected from moisture, and shall immediately, upon receipt of any such quantity or quantities of calcium carbide, notify and inform the Chief Engineer of the Fire Department or the Fire Marshal of the place where such calcium carbide so in their possession or under their control is kept and quantity. and stored and the true quantity thereof, and shall keep such Chief Engineer or Fire Marshal fully informed as to the quantity and place of keeping or storage of any such calcium carbide in their possession or under their control. Empty boxes and barrels. Piling of in fire limits prohibited. Violation of ordinance. STORAGE OF CALCIUM CARBIDE AND PILING EMPTY BOXES. STORAGE OF CALCIUM CARBIDE. An Ordinance Regulating the Keeping and Storage of Calcium Carbide in the City of Minneapolis. (Passed Feb. 23, 1900. Approved Feb. 27, 1900. Published March 3, 1900, in The Minneapolis Times, 26 C. P. 58.) SEC. 2. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars ($100), or by imprisonment until such fine is paid, not exceeding 90 days. SEC. 3. This ordinance shall take effect and be in force fron and after its publication. PILING EMPTY BOXES. An Ordinance Regulating and Prohibiting the Piling of Empty Boxes Within the Fire Limits of the City of Minneapolis as Now or Hereafter Established, for the Purpose of Guarding Against Fires and the Spread of Fires Within the City. (Passed Nov. 29, 1901. Approved Dec. 2, 1901. Published Dec. 4, 1901, in The Minneapolis Tribune, 27 C. P. 542. As amended. July 31, 1902, 28 C. P. 328.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person, persons, corporation or corporations shall hereafter pile empty boxes, or barrels, or make, establish or main- tain any pile or piles of empty boxes or barrels upon any premises situated in the fire limits of the City of Minneapolis as now or here- after established. (As amended July 31, 1902, 28 C. P. 328.) SEC. 2. Any person who shall violate any of the provisions of this ordinance, shall, upon conviction thereof before the Municipal FIRE LIMITS AND FIRE DEPARTMENT-ORDINANCES. 393 SPARK ARRESTERS. Court of the City of Minneapolis, be punished by a fine of not to ex- Penalty. ceed fifty dollars, or upon default in the payment of such fine, by im- prisonment not to exceed thirty days. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. SPARK ARRESTERS. An Ordinance Requiring Spark Arresters to be Placed Upon Cer- tain Smoke Stacks and Chimneys in the City of Minneapolis. (Passed July 13, 1894. Approved July 16, 1894. Published July 19, 1894, in the Minneapolis Times, 20 C. P. 388.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Every person or persons owning, leasing, operating, or having charge or control, of any smoke stack or chimney within the City of Minneapolis, which is connected with an apparatus in which sawdust, shavings, soft wood or other light fuel is consumed, is hereby required to provide a suitable spark arrester for such smoke stack or chimney, and to prevent the emission from such smoke stack or chimney of sparks or burning substances. SEC. 2. Whoever fails or omits to comply with the provisions of Penalty. this ordinance shall, upon conviction thereof, before the Municipal Court of the City of Minneapolis, be punished by a fine, not exceeding one hundred dollars, and may be imprisoned until such fine is paid, not exceeding ninety days. SEC. 3. It is hereby made the duty of the Fire Marshal of the City of Minneapolis to cause this ordinance to be enforced, and to cause to be prosecuted all persons who shall violate the same. SEC. 4. This ordinance shall take effect and be in force from and after its publication. < Spark ar- required, resters where. to enforce Fire marshal ordinance. To take effect. 394 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain two tracks. where. Itaska St. River St. Hennepin Ave. Water St. Oregon St. First St. California St. Second St. Russell St. Ames St., etc. Bluff St. Oak St. Walnut St. Second St. Washington Ave. Elm St. Levee. Repair of crossings and streets. Grading. Bridging. Planking. Passengers and freight. Horse or steam power. Rate of speed. Not a street railway. RAILROAD GRANTS AND FRANCHISES. MINNEAPOLIS & ST. LOUIS. An Ordinance Granting the Right of Way Over Certain Streets in Minneapolis to the Minneapolis and St. Louis Railway Com- pany. (Passed Dec. 28, 1870. Approved Dec. 30, 1870, p. 112 Ordinance Records.) The Common Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis and St. Louis Railway Company, their successors and assigns, may have, and they are hereby granted, the privilege to lay not to exceed two tracks of their railway across and along the following named streets in the City of Minneapolis, lying between the present track of the St. Paul and Pacific Railroad and the levee, so called, in the City of Minneapolis, to-wit: across Itaska street, east of First street, thence proceeding southeasterly along the street lying between the blocks numbered one (1) and ten (10) in said city, to and across the street intersecting the river at the Sus- pension Bridge, between High street and the Mississippi river, along Water street, in Steele's Addition to Minneapolis, across Oregon street, First street, California street, along Second street eastwardly of California street, to and across Russell street across Ames, Rice, Smith, Pearl, Hay, Hanson, Lake and Cedar streets, in said City of Minneapolis, and along and across Bluff street, across Oak street, and along and across Walnut street, in Hancock and Rice's Addition to Minneapolis, across Second street and Washington avenue in said addition, to and along and across Elm street in the City of Minne- apolis, to and along the levee to the lower or southeasterly end there- of in said city. SEC. 2. The said Minneapolis and St. Louis Railway Company shall keep the crossings of the said several streets, and the streets, or parts of streets across and along which this privilege is granted, in good order, repair, and condition for travel, by proper grading, bridg- ing, and planking, as may, from time to time, be required by the Street Commissioner, or other proper officer of the City of Minneapolis; and shall have the privilege of conveying passengers and freight upon and over said track, or tracks, either by cars propelled by horse power, or locomotive propelled by steam power; but shall not run cars or loco- motives over said track through said City at a greater rate of speed than four miles per hour. Provided, that nothing herein shall be so taken or construed as to grant to the said Railway Company any right or privilege to run or operate their said railway as a street railroad or way in said City. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 395 MINNEAPOLIS & ST. LOUIS. rung. SEC. 3. When cars propelled by steam power are passing over Bell to be said track the engineer shall ring, or cause to be rung, a bell of not less than thirty pounds weight, to warn travelers, or passers, of the approach of the cars, which bell shall be kept ringing while the cars are in motion. SEC. 4. The City of Minneapolis hereby reserves the right to enter upon and use said streets, or any of them, where said track may be laid, for all public purposes, and whenever it shall be necessary for the repair or improvement of the streets, or for laying water or gas pipes, or sewers, or for other public improvements, which shall be made by said city without unnecessary delay; and whenever excavations for such purpose under the track of said road are required, the said Rail- way Company shall, at its own cost and expense, protect its tracks dur- ing the progress of said work, and the city shall not be liable for any damage that may accrue to said Railway Company from the prosecu- tion of such works; provided, that said Company may, if it so elect, at its own expense, construct such works under or across its tracks under the direction of the Street Commissioner, or other proper officer. Nothing shall be so taken or construed as to affect the rights of any person, or party, to recover against said Railway any damage which Liability of they may sustain by reason of laying said track, or tracks, or the main- company for taining or operating the said Railway along, or across the streets herein mentioned. When. provements. Public im- City re- serves right to make. ! Company to co-operate. City not damages. liable for Company may make improve- ments. SEC. 5. It shall be the duty of said Railway Company to repair any and all damages done to the streets, curbs, sidewalks, gutters, or other public property by the construction or repairing of the track, or tracks along said streets as herein provided for. And further, to protect and indemnify, and save harmless the City of Minneapolis of city. against all claims for damages arising from the construction or man- agement of the tracks of the said road provided for herein. Indemnity SEC. 6. The privileges hereby granted and to be enjoyed by said Grant sub- Railway, are granted subject to the right of the City to pass every ordinances. and all ordinances which may become necessary for the safety and protection of life or property; and to require the said Railway Com- pany, their successors, or assigns, at their own cost and expense to keep and maintain at such point, or points, such number of flagmen, guards, or signs, as shall be designated by the City Council, either by ordinance guards, etc. or otherwise. Flagmen, streets, Repair of sidewalks, etc. SEC. 7. This ordinance shall take effect and be in force from and To take after its publication. effect. 396 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain two tracks. Location. N. W. of tracks of St. P. & Pacific. Alley in block 26, Second St. Dakota St. Washington The Common Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis and St. Louis Railway Company, its successors and assigns may have and they are hereby granted the privilege to lay, not to exceed two tracks of their railway across and along the following named streets and alleys in the City of Minne- apolis, lying northwesterly of the present track of the First Division of the St. Paul and Pacific Railroad, and the starting point of said Railway, being from the easterly side of Block twenty-six in said. City, at the junction of said road with the St. Paul and Pacific Rail- road, and running thence in a southwesterly direction across the alley in said block twenty-six, and across Second street, along and across Dakota street to Washington avenue, across Washington avenue, across Third street, thence along Nebraska street and across Fourth street, and along Nebraska street to Fifth street, all in said City of Minne- Nebraska St. apolis. Fourth St. Fifth St. Repair of crossings and streets. Ave. Third St. Grading. Bridging. Planking. Passengers and freight. Horse or steam power. Rate of speed. Not a street railway. Bell to be rung. When: City may make im- provements. Company to co-operate. MINNEAPOLIS & ST. LOUIS. MINNEAPOLIS & ST. LOUIS. An Ordinance Granting the Right of Way Over Certain Streets in Minneapolis to the Minneapolis and St. Louis Railway Com- pany. (Passed April 26, 1871. Approved April 28, 1871, p. 125 Ordi- nance Records.) SEC. 2. The said Minneapolis and St. Louis Railway Company shall keep the crossings of the said several streets, and the streets or parts of streets, across and along which this privilege and right of way is granted, in good order, repair and condition for travel, by proper grading, bridging and planking, as may from time to time be required by the Street Commissioner, or other proper officer of the City of Minneapolis, and shall have the privilege of conveying passengers and freight upon and over said track, or tracks, either by cars propelled by horse power, or locomotive propelled by steam power; but shall not run cars or locomotives over said track through said city at a greater rate of speed than four miles per hour. Provided that nothing herein shall be so taken or construed as to grant to the said railway company any right or privilege to run or operate their said railway as a street railroad or way in said City. SEC. 3. When cars propelled by steam power are passing over said track, the engineer shall ring or cause to be rung, a bell of not less than thirty pounds weight, to warn travelers or passers of the approach of the cars; which bell shall be kept ringing while the cars. are in motion. SEC. 4. The City of Minneapolis hereby reserves the right to enter upon and use said streets, or any of them, where said track may be laid, for all public purposes, and whenever it shall be necessary for the repair or improvement of the streets, or for laying water, or gas pipes, or sewers, or for other public improvements, which shall be made by said city without unnecessary delay; and whenever excava- tions for such purpose under the track of said road are required, the said railway company shall, at its own cost and expense protect its RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 397 MINNEAPOLIS & ST. LOUIS. liable for track during the progress of said work, and the city shall not be liable City not for any damage that may accrue to said Railway Company from the damages. prosecution of such works. may make ments. Provided, that said company may, if it so elect, at its own ex- Company pense, construct such works under or across its track, under the direc-improve- tion of the Street Commissioner, or other proper officer. Nothing shall be so taken or construed as to affect the rights of any person or party to recover against said railway any damage which they may sustain by reason of laying said track or tracks, or the maintaining or operating said railway, along or across the streets herein mentioned. Liability of damages. company for SEC. 5. It shall be the duty of said Railway Company to repair Repair of any and all damages done to the streets, curbs, sidewalks, gutters, or sidewalks, other public property, by the construction or repairing of the track, etc. or tracks, along said streets, as herein provided for; and further, to protect and indemnify and save harmless the City of Minneapolis Indemnity against all claims for damages arising from the construction or man- agement of the tracks of the said road provided for herein. of city. SEC. 6. The privileges hereby granted and to be enjoyed by said Railway Company, are granted, subject to the right of the city to pass every and all ordinances which may become necessary for the safety and protection of life or property, and to require the said Rail- way Company, their successors or assigns, at their own cost and ex- pense, to keep and maintain at such point or points, such number of flagmen, guards, or signs, as shall be designated by the City Council, guards, etc. either by ordinance or otherwise. - Flagmen, effect. SEC. 7. This ordinance shall take effect and be in force from and to take after its publication. MINNEAPOLIS & ST. LOUIS. An Ordinance Authorizing the Minneapolis and St. Louis Railway Company to Maintain Tracks Across Third, Fourth, Fifth and Sixth Streets, in the City of Minneapolis. (Passed April 4, 1878. Approved April 5, 1878. 3 C. P. 233, p. 91, Ordinance Records.) Grant ordinances. to The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis and St. Louis Railway Company is hereby authorized to lay down, keep and maintain its railway tracks across Third, Fourth, Fifth and Sixth streets in the city of Minneapolis, on any lines between the present track of said railway company and a line running one hundred and seventy-two (172) feet distant, north- westerly from and parallel with the center line of Third Avenue North in said city. The tracks to be laid so as to conform with established grades of said streets where crossed, and to be kept planked between Grades. rails and between the several tracks as the Council may from time to time direct. SEC. 2. This ordinance shall take effect and be in force from To take and after its publication. Planking. effect. May main- tain tracks Third St. across Fourth St. Fifth St. Sixth St. 398 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May con- struct and maintan one track. Location. Fourth Ave. S. Fifth Ave. S. Alley in block 16. Sixth Ave. S. Operate same. City may make im- provements. No liability for damages. Company to co-operate. Relaying track. Company to maintain streets. Planking, paving, etc. Space of. Grade. To conform to regula- tions. MINNEAPOLIS & ST. LOUIS. MINNEAPOLIS & ST. LOUIS. An Ordinance Granting to the Minneapolis and St. Louis Railway Company a Right of Way Upon and Across Certain Streets in the City of Minneapolis. (Passed Nov. 20, 1878. Approved Nov. 22, 1878, p. 143 Ordi- nance Records; 4 C. P. 180.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. The Minneapolis and St. Louis Railway Company, its successors and assigns, are hereby authorized to construct and main- tain one railway track of its railroad upon and across such streets. in the city of Minneapolis as may be included or crossed in a line of railroad described as follows, viz: Beginning at a point in the present tracks of the railroad of said railway company about two hun- dred and fifty (250) feet northerly from the intersection of Fourth Avenue South and Second street; thence curving to the left, crossing Fourth Avenue South and passing over lots one (1), two (2), three (3), eight (8), seven (7), and six (6), in block seventeen (17), in Minneapolis; thence crossing Fifth Avenue South and running along the alley in block sixteen (16), in Minneapolis, to Sixth Avenue South; and to use and operate such railroad with cars and engines in the usual manner. SEC. 2. The City of Minneapolis reserves the right to enter upon those portions of said streets upon which said railroad shall be constructed, and make such excavations, and do such other work thereon as may be necessary or convenient in the construction and repair of sewers, gutters, water mains, gas pipes, or other works or improvements of a public character without being liable therefor to any claim for damages; and the Minneapolis and St. Louis Railway Company, its successors and assigns, shall afford all aid and facilities to said city in doing such work, and protect such railroad during such works, and relay the same at its own expense, when such works are completed from time to time. SEC. 3. The Minneapolis and St. Louis Railway Company, its successors and assigns, shall always keep and maintain that portion of every street upon or across which its track shall be constructed in good condition for public travel, as may be needed, or as the City Coun- cil may from time to time direct; and shall keep the same planked, paved, macadamized, or otherwise put in condition, as the City Council may order from time to time; such planking, paving, macadamizing, or other improvement, to cover the whole space occupied by the said track, and such distance outside of the outer rails of the track as the City Council may order. And the said Railway Company, its success- ors and assigns, shall always conform the said track to the grade of said streets, as such grade is or may hereafter be fixed or changed by the City Council of said city; and shall also in operating such rail- road conform to all reasonable regulations which shall be made by said City Council respecting the running of cars and engines upon and RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 399 MINNEAPOLIS & ST. LOUIS. across said streets, and respecting precautions touching the public safety. etc. SEC. 4. The aforesaid grant of right of way to the Minneapolis Company to and St. Louis Railway Company aforesaid, its successors and assigns, ordinance, is made upon the express condition that said company, its successors and assigns, shall always, in all things, conform to the provisions of this ordinance, and do and perform all things whatever which are in this ordinance stated or provided for, to be done or performed on its or their part faithfully and promptly; and on the further express condi- tion that any other railroad company having a terminus in the City of Minneapolis shall have the right to make connection with such railroad track, and always have the right to enter upon and pass with its cars and engines upon and over said railroad track from a junction there- with to a point as far southeasterly from the northern terminus of said track as the said track or any connection with said track belong- ing to the first above named company shall extend in said city. And cars from other railroads, delivered to the Minneapolis and St. Louis. Railway Company to be unloaded or loaded on said track, shall be switching. switched promptly and the same dispatch given to them as to cars to and from the Minneapolis and St. Louis Railway upon such just and equitable terms and regulations as may be agreed upon by the parties interested; and in case they cannot agree upon such terms and regula- tions then the City Council shall have the power by resolution, ordi- nance or otherwise, to fix such terms and regulations and change the same from time to time. Further condition. Other com- panies may use track. council to fix terms, when. company. SEC. 5. If the Minneapolis and St. Louis Railway Company, its Neglect of successors or assigns, shall at any time wilfully fail, neglect, or re- fuse to conform to the provisions of this ordinance respecting the con- ditions in which such streets are to be put and kept; and such failure, neglect, or refusal shall continue for the space of thirty days after notice from the City Council, or from any officer of the city by direc- tion of said Council, requiring them to conform to the provisions here- of in the matter, the City Council of said city shall have, and does hereby expressly reserve, the right and power in such case to declare all rights of the Minneapolis and St. Louis Railway Company, its suc- cessors and assigns, acquired under this ordinance, or under any amendment, express or otherwise, of this ordinance, forfeited by reason of such failure, neglect, or refusal; and thereupon and thereafter all of grant. such rights shall cease, end and determine. Forfeiture Notice from city. neglect. Continued Rights to cease, when. in operation, Line to be when. SEC. 6. If said railway track shall not be laid, and the cars and engines running thereon over the entire line which is mentioned and described in section one of this ordinance, within two months after the date of the passage of this ordinance, then all rights and privileges. granted by this ordinance shall lapse, end and determine, and this ordi- Grant to nance cease to be operative so far as it grants any rights or privileges, without any declaration or forfeiture or other act whatever. lapse. warranted. SEC. 7. The City of Minneapolis in no wise warrants any of Grant not the rights or privileges herein granted; or which is intended to be herein granted; and it is not to be subjected to any claim for dam- City not ages on account of any matters herein contained. subject to damages. 400 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Grants to other com- panies not affected. Travel not to be im- peded. Precautions against accidents. City to be indemnified. To take effect. May main- tain one track. Location. Second St. From block 16, Minne- apolis, One track. Location. Second St. From block 100, Minne- apolis, to block 17. : Use of same. MINNEAPOLIS & ST. LOUIS AND CHICAGO, MILWAUKEE & ST. PAUL. LOU: The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Minneapolis and St. Louis Railway Company, its successors and assigns, the right to lay and extend one track of its railway upon and along Second street in said city, from a point connecting with its present southwesterly track on said street, opposite lot three (3), block sixteen (16), of the town, now city, of Minneapolis, to a connection with the present rail- way track connecting the tracks of said company with tracks of the Chicago, Milwaukee and Saint Paul Railway Company, opposite to lot To block 100. four (4), block one hundred (100), of said town; and to use and SEC. 8. The provisions of this ordinance shall not be so con- strued as to take away or infringe upon the rights or privileges of any other railway company. SEC. 9. The Minneapolis and St. Louis Railway Company, its successors and assigns, in all its constructions and repairs upon and across all streets, shall so perform its work as not to hinder nor unnec- essarily impede public travel, and shall take all proper precautions by fencing and lighting excavations and obstructions to guard against dangers of accidents to the public; and shall indemnify and save harm- less the said city against all claims for damages or injuries caused by reason of any failure to take such precautions. SEC. 10. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS & ST. LOUIS AND CHICAGO, MILWAU- KEE & ST. PAUL. An Ordinance Granting to the Minneapolis and St. Louis Railway Company and to the Chicago, Milwaukee and St. Paul Rail- way Company the Right to Lay Certain Railway Tracks on Second Street in the City of Minneapolis. (Passed June 20, 1881. Approved June 27, 1881, p. 253 Ordi- nance Records, 7 C. P. 99.) operate the same for railway purposes, subject to the restrictions here- inafter contained. SEC. 2. There is also granted to the Chicago, Milwaukee & St. Paul Railway Company, its successors and assigns, the right to lay and extend one track of its railway upon and along the southwesterly side of said Second street, from a connection with the aforesaid track con- necting the tracks of said two companies, at a point opposite lot five. (5), in said block one hundred (100), to a connection with the track of said company, opposite lot one (1), in block seventeen (17), of said town, and also a connection with the tracks of said Minneapolis & St. Louis Railway Company, at or as near said point last named as may be practicable, and to use and operate said track for the purposes of its railway, subject to the restrictions hereinafter contained. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 401 MINNEAPOLIS & ST. LOUIS. transfer use. SEC. 3. The aforesaid grants are made upon the express condi- Tracks for tion that the said railway tracks so permitted shall be used for the purpose of making transfer of cars from the lines of said railway companies, the one to the other, and for no purpose to impede or inter- fere with such transfer, and upon the further condition that said com- panies shall keep and maintain good and sufficient planking between the rails of said tracks and one plank on the outside of said rails, which said plank shall be at least twelve inches wide: SEC. 4. There is hereby expressly reserved to said City Council the right to revoke, modify or amend the grants herein made, and to require the tracks herein permitted, to be moved, changed or taken away entirely upon three months notice to said companies or to either of them. effect. SEC. 5. This ordinance shall take effect and be in force from To take and after its publication. MINNEAPOLIS & ST. LOUIS. An Ordinance Granting to the Minneapolis & St. Louis Railway Company at the Request of Pillsbury-Washburn Flour Mills Co., Limited, for the Uses and Purposes of Said Company, Permission to Construct and Operate a Sidetrack on Second Street Across Sixth Avenue South in the City of Minneapolis. (Passed Sept. 29, 1893. Approved Oct. 3, 1893. Published Oct. 6, 1893, in the Minneapolis Times, 19 C. P. 648.) not to be Transfer impeded. Planking. revoke or Council may amend, etc. Notice of removal. The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of Pillsbury-Washburn Flour Mills Co., Limited, for their use and accommodation and for the accommoda- tion of their successors and assigns, permission and authority are hereby granted to the Minneapolis & St. Louis Railway Company to construct, maintain and operate a sidetrack on Second street south across Sixth avenue south in the City of Minneapolis, from a point on the northeasterly main line of said Railway Company on said Second street south opposite lot 4, in block 16, of the Town, now City of Min- neapolis, and running thence in a southeasterly direction across Sixth avenue south 237 feet to a point in said Second street south opposite the southeasterly corner of the machine shop now located on the southwesterly corner of Block 100, in the said Town of Minneapolis. SEC. 2. Said sidetrack shall at all times cross said Second street and Sixth avenue south at the present grade, or such grade as may hereafter be established by the City Council, and said Company shall not permit its cars to be left standing upon the crossing of said street, Carson and shall at all times keep said crossing planked. crossings. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur track or said street in which the same is located, and said Railway Company shall hold the City of Minneapolis harmless from any and subject to City not damages. May main- track. side Location. Second St. S. Sixth Ave. S. From block apolis, 16, Minne- To block 100. Grade of crossing. 402 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Company to indemnify city. Condition. City may repeal or modify ordinance. Repeal to take effect, when. Public im- provements. To take effect. May main- tain one track. Location. Second Ave. N. between Fifth and Sixth Sts. Condition. Switching. When done. Violation of ordinance. Penalty. To take effect. all damages occasioned by reason of the construction or maintenance of said spur track across said street. MINNEAPOLIS & ST. LOUIS. SEC. 4. The grant made in the foregoing sections of this Ordi- nance is made upon the expressed condition that the City Council of the City of Minneapolis has and reserves to itself the right to main- tain, change or repeal this Ordinance or to modify the same as it may deem advisable. j Provided, however, that said repealing Ordinance, if any, shall take effect not less than ninety (90) days from and after its publi- cation and giving ninety (90) days' notice in writing of such publica- tion to each of said parties. The City also reserves the right to excavate under said track at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein. SEC. 5. This Ordinance shall take effect and be in force from and after its publication. C MINNEAPOLIS & ST. LOUIS. An Ordinance Authorizing the Minneapolis & St. Louis Railroad Company to Lay Down, Keep and Maintain a Railroad Track Across Second Avenue North Between Fifth and Sixth Streets in the City of Minneapolis. (Passed April 13, 1900. Approved April 17, 1900. Published April 19, 1900, in The Minneapolis Times, 26 C. P. 126.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis & St. Louis Railroad Company is hereby authorized to lay down, keep and maintain one railroad track over and across Second avenue north about midway between Fifth and Sixth streets in the City of Minneapolis. The track to be laid so as to conform to the established grade of said Second avenue north where crossed and to be kept paved as required by the City Engineer. SEC. 2. This ordinance is granted upon the express condition that all necessary switching and moving of cars on such track where it crosses Second avenue north is to be done between the hours of six and a half o'clock p. m. and four and one-half o'clock a. m. › SEC. 3. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be fined in a sum not less than Five Dollars ($5.00) nor more than Ten Dollars ($10.00) for each offense, and in default in payment of such fine shall be imprisoned not exceeding ten (10) days. SEC. 4. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 40% A MINNEAPOLIS EASTERN. MINNEAPOLIS EASTERN. An Ordinance Granting to the Minneapolis Eastern Railway Com- pany a Right of Way Over Certain Streets in the City of Min- neapolis. (Passed July 19, 1878. Approved July 25, 1878; p. 126 Ordi- nance Records; 4 C. P. 95.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That the Minneapolis Eastern Railway Company, its successors and assigns, are hereby authorized to construct and maintain a single track of its railroad, with such switches and connections as may be necessary, upon, over and along the following described por- tions of streets in the City of Minneapolis, viz: From, at or near the Location. point where River street is crossed by the track of the railroad of the River St. First Division of the St. Paul & Pacific Railroad Company, along said River street to Hennepin avenue, and across Hennepin avenue to where Hennepin said River street connects with Water street, thence along said Water Water St. street to its southeasterly or lower end; and to operate such railroad Operate with cars and engines in the usual manner. same. SEC. 2. The said Minneapolis Eastern Railway Company, its suc- Bridge at cessors and assigns, in crossing said Hennepin avenue, shall construct Ave. another bridge, the full width of said avenue, and of the entire road- way leading to the suspension bridge, which bridge so to be constructed. shall be placed on the westerly side of the bridge which covers the opening now used for the tracks of the Minneapolis & St. Louis Rail- way Company. And such new bridge shall be constructed in such manner, and of such materials, and in accordance with such plans and specifications as the City Council of said city shall first approve of and adopt; and no such bridge shall be constructed, nor any excavation made across or under said Hennepin avenue until the City Council shall have first specifically directed as to the manner of and materials for its construction, and have approved of and adopted plans and specifications therefor; and whenever such bridge shall be constructed it shall, tc- gether with its walls, foundations and everything connected therewith, be forever maintained and kept up in the very best repairs by the Min- neapolis Eastern Railway Company, its successors and assigns, who shall from time to time make such additions to, and changes and altera- Changes and tions about the same as mav, in the opinion of the City Council, be additions. required for the safety or convenience of the public. May main- tain single track. Council to approve plans. Not to be constructed until council directs. Company to in repair. of tracks. SEC. 3. The Minneapolis Eastern Railway Company, its suc- Exchange cessors and assigns, after constructing such new bridge over said Hen- nepin avenue as is contemplated in the last preceding section, may make any contract or arrangement with the Minneapolis & St. Louis Railway Company which can be agreed upon between them, to ex- change the occupancy of the space under such new bridge, for the space now occupied by one of the tracks of said last named company, nearer the Mississippi river. But in case of such exchange, the Minneapolis Eastern Railway Company, its successors and assigns, shall still con- May contract therefor. 404 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Exchange not to re- lieve com- pany from repair of bridge, etc. Public im- provements. City not liable for damages. Company to co-operate. Relaying tracks. Repair of streets, etc. Planking, paving, etc. Bridges. Regulations for public safety. Company to conform to ordinance. Condition. Other com- panies may use track. Extent of use. Terms. Council may fix terms, when. Exchange of tracks. · Application of above condition. MINNEAPOLIS EASTERN tinue to keep such new bridge and everything connected therewith in repair, and do everything about the same exactly as if it continued to occupy the space under the same with its own track. SEC. 4. The City of Minneapolis reserves the right to enter upon those portions of said streets upon which such railroad shall be con- structed, and make such excavations and do such other work thereon as may be necessary or convenient in the construction and repair of sewers, gutters, water mains, gas pipes, or other works or improve- ments of a public character, without being liable therefor to any claim for damages; and the Minneapolis Eastern Railway Company, its suc- cessors and assigns, shall afford all aid and facilities to said city, in doing such work and protect such railroad during such works, and relay the same at its own expense, when such works are completed from time to time. SEC. 5. The said Minneapolis Eastern Railway Company, its successors and assigns, shall always keep and maintain that portion of said streets along which its railroad shall be constructed, in good condition for public travel as may be needed, or as the City Council may from time to time direct; and shall keep all crossings of such streets, by other streets or avenues of said city, which now are or may hereafter be laid out across the same, planked, paved, macadamized or otherwise put in condition, as the City Council may direct from time to time; and shall construct and maintain such bridges, over or under said railroad, as by the present or any future grade of streets so cross- ing, shall be convenient for public travel, and ordered by said Council; and shall always conform to such reasonable regulations as shall be made by the City Council of said city, respecting the running of cars and engines over said road, across or along such streets, and respecting precautions touching the public safety. SEC. 6. The aforesaid grant of right of way to the Minneapolis Eastern Railway Company, its successors and assigns, is made upon the express condition that said company, its successors and assigns, shall always in all things conform to the provisions of this ordinance, and do and perform all things whatever which are in this ordinance. stated or provided for, to be done or performed on its or their part, faithfully and promptly; and on the further express condition, that any other railroad company, having a terminus in the City of Minneapolis, shall always have the right to enter upon and pass with its cars and engines, upon and over the track of said Minneapolis Eastern Railway Company, its successors and assigns, running over the streets men- tioned in section one (1) of this ordinance, from a junction with such track to a point as far southeasterly of said streets as such track shall be extended in said city, upon such just and equitable terms and regu- lations as may be agreed upon by the parties interested; and in case they cannot agree upon such terms and regulations, then the City Coun- cil shall have the power by resolution, ordinance or otherwise, to fix such terms and regulations, and change the same from time to time. Provided, that if said Minneapolis Eastern Railway Company, its suc- cessors or assigns, shall exchange the use or occupancy of tracks or of space for tracks as is provided for in section three (3) of this ordinance, then the last above mentioned condition shall apply to the RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 405 MINNEAPOLIS EASTERN. track which shall be used and occupied by the Minneapolis Eastern Railway Company, its successors and assigns, upon such exchange, and not to the one which they shall by such exchange turn over to the Minneapolis & St. Louis Railway Company. council. SEC. 7. If the Minneapolis Eastern Railway Company, its suc- cessors or assigns, shall at any time wilfully fail, neglect or refuse to conform to the provisions of this ordinance respecting the construc- tion or repair of bridges, or the condition in which such streets are to be put, and kept, and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council, or from Notice from any officer of the city by direction of said Council requiring them to conform to the provisions hereof in the matter, the City Council of said city shall have and does hereby expressly reserve the right and power in such case to declare all rights of the Minneapolis Eastern Railway Company, its successors and assigns, acquired under this ordi- nance, or under any amendment, express or otherwise, of this ordi- nance, forfeited, by reason of such failure, neglect or refusal; and Rights thereupon and thereafter all such rights shall cease, end and determine. forfeited and determined. of track, SEC. 8. If said railway track shall not be built, and the cars Completion running thereon, as far southeasterly as the southeasterly end of Water when. street, and thence along the Mississippi river as far as where the Palisade Mill now stands, within nine months from the passage of this Within ordinance, then all rights and privileges granted by this ordinance shall lapse, end and determine, and this ordinance cease to be operative so far as it grants any rights or privileges, without any declaration of forfeiture or other act whatever. 9 months. Neglect of to make company repairs. Grant to lapse, when. SEC. 9. The City of Minneapolis in no wise warrants any of the rights or privileges herein granted, or which is intended to be herein granted; and it is not to be subjected to any claim for damages on subject to account of any matters herein contained. Grant, not warranted. City not damages. SEC. 10. Former grants not The provisions of this ordinance shall not be so con- strued as to take away or infringe upon the rights and privileges which affected. have been heretofore granted, by ordinance, to the Minneapolis & St. Louis Railway Company. Public travel impeded. SEC. II. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, in the construction of the bridge provided for in not to be section two (2) of this ordinance, and in all its constructions and re- pairs upon streets and bridges, shall so perform its work as not to hinder or unnecessarily impede public travel, and shall take all proper precautions, by fencing and lighting excavations and obstructions, to against guard against dangers of accidents to the public; and shall indemnify and save harmless the said city against all claims for damages or in- of city. juries caused by reason of any failure to take such precautions. Precaution accidents. Indemnity SEC. 12. This ordinance shall take effect and be in force from To take and after its publication. effect. 406 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. " May main- tain one or more tracks. Location. Mississippi river. Second Ave. S. Block 18, Minneapolis. Block 17, Minneapolis. 5th Ave. S. Block 16, Minneapolis. First St. Fourth and Fifth Ave. S. One addi- tional track across Sec- ond St. and Fourth Ave. S. Operate same. Public im- provements. Company to co-operate. Relaying tracks. Bridge at First St. MINNEAPOLIS EASTERN, MINNEAPOLIS EASTERN. An Ordinance Granting to the Minneapolis Eastern Railway Com- pany a Right of Way Upon and Across Certain Streets in the City of Minneapolis. (Passed January 15, 1879. Approved January 20, 1879; p. 147 Ordinance Records; 4 C. P. 207.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, are hereby authorized to construct and maintain one or more tracks of its railroad, not exceeding two tracks, upon and across such streets in the city of Minneapolis as may be included or crossed in a line of railroad described as follows, viz: Commencing at a point on the west bank of the Mississippi river where the easterly line of Second avenue south if extended to said river would intersect the center line of the right of way of said company already located; thence running easterly parallel with and thirteen feet distant northerly from the center line of the track of the Minneapolis & St. Louis Rail- way Company to a point at the beginning of curve in block eighteen (18) in Minneapolis; thence curving regularly to the left to a point. at the end of curve in the line dividing lots nine (9) and ten (10) in block seventeen (17) in Minneapolis, ten (10) feet distant from the rear end of said lots; thence in a direct line tangent to the curve, and parallel with and ten (10) feet distant from the southerly line of the north half of said block seventeen (17), and across Fifth avenue south to and parallel with and ten (10) feet distant from the northerly line of fractional block sixteen (16), in Minneapolis, to Sixth avenue south. Such tracks to cross First street, in said city, underneath the grade, and to cross Fourth and Fifth avenues south upon grade. And the Minneapolis Eastern Railway Company, its successors and assigns, is further hereby authorized to construct and maintain one track of its railroad upon and across Second street and Fourth avenue south, near their intersection, for the purpose of connecting its railroad with the tracks of the Chicago, Milwaukee and St. Paul Railway Company; also, to use and operate such tracks, when constructed, with cars and engines in the usual manner. SEC. 2. The City of Minneapolis reserves the right to enter upon those portions of said streets upon which such railroad tracks shall be constructed, and make such excavations, and do such other work. thereon as may be necessary or convenient in the construction and repair of sewers, gutters, water mains, gas pipes or other works or improvements of a public character without being liable therefor to any claim for damages; and the Minneapolis Eastern Railway Company, its successors and assigns shall afford all aid and facilities to said city in doing such work; and protect their tracks during such work; and relay their tracks at their own expense if removed by such works, when the works are completed from time to time. SEC. 3. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, shall construct and forever maintain over its tracks + RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 407 MINNEAPOLIS EASTERN. upon the line of First street a good substantial bridge for public travel; such bridge shall be constructed in accordance with a plan, which shall be first approved by the City Council of said city, and said railway company, its successors and assigns, shall at all times keep said bridge in good repair, and with such sufficient railings and other safeguards, that there shall be no dangers of accident to persons traveling thereon, and shall build sidewalks thereto whenever ordered by the City Coun- cil, and maintain such sidewalks, as well as the rest of the bridge. Plan to be by council. approved safeguards. Repairs and Sidewalks. SEC. 4. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, shall always keep and maintain that portion of every street upon or across which its tracks shall be constructed, in good condition for public travel, as may be needed, or as the City Council of said city may from time to time direct, and shall keep the same planked, paved, macadamized, or otherwise put in condition as Planking, said City Council may order from time to time, such paving, planking, paving, etc. macadamizing or other improvement to cover the whole space occupied Space of. by such tracks, including the spaces between several tracks and such distance outside of the outer rails as the City Council may order. And said railway company, its successors and assigns, shall always conform Tracks to the said tracks, at their own expense, to the grade of said streets as such grade is or may hereafter be fixed or changed by the City Council of said city, and shall also, in operating such railroad, conform to all reasonable regulations which shall be made by said City Council re- specting the running of cars and engines upon and across said streets, and respecting precautions touching the public safety. conform to grade. Repair of treets by company, etc. Company to conform to regulations safety. for public Company to ordinance. conform to SEC. 5. The aforesaid grant of right of way to the Minneapolis Eastern Railway Company aforesaid, its successors and assigns is made upon the express condition that said company, its successors and assigns shall always in all things conform to the provisions of this ordinance, and do and perform all things whatever which are in this ordinance stated or provided for, to be done or, performed on its or their part faithfully and promptly; and on the further express condition that any other railroad company having a terminus in the City of Min- neapolis shall have the right to make connection with such railroad tracks, and always have the right to enter upon and pass with its cars and engines upon and over said tracks from a junction therewith as far southeasterly from the northern terminus of such tracks as said tracks or any connection therewith belonging to said first named com- pany shall extend in said city, upon such just and equitable terms and Terms. regulations as may be agreed upon by the parties interested; and in case they cannot agree upon such terms and regulations then the City Council shall have the power, by ordinance, resolution or otherwise to fix such terms and regulations, and change the same from time to time. SEC. 6. If the Minneapolis Eastern Railway Company, its suc- cessors or assigns, shall at any time wilfully fail, neglect or refuse to conform to the provisions of this ordinance, respecting the condition. in which such streets and the said bridge over First street are to be put and kept; and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council or from any Notice from officer of the city, by direction of the City Council, requiring them to conform to the provisions hereof in the matter, the City Council shall council. companies Other may use tracks. to fix terms, City council When. Neglect of company. 408 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Council may declare forfeiture of rights. Ordinance to lapse, when, to what extent. No rights warranted. City not liable for damages. Other grants not affected. Rights to determine. Track to be SEC. 7. If said railway track shall not be laid and cars and engines and in opera- running thereon over the entire line, which are mentioned in section I tion, when. of this ordinance, within eight months after the date of the passage of this ordinance, then as to all tracks which shall not then be so laid and the cars running thereon, all rights and privileges granted by this ordinance shall lapse, end and determine, and this ordinance cease to be operative to grant any right thereafter to lay any such tracks then not laid without any declaration of forfeiture or other act whatever. SEC. 8. The City of Minneapolis in no wise warrants any of the rights or privileges herein granted, or which is intended to be herein granted; and it is not to be subjected to any claim for damages on account of any matters herein contained. Public travel not to be impeded. Precautions against accidents. City to be indemnified. To take effect. May main- tain one track. Location. 8th Ave. SE. Main Street. 2nd Ave. SE. Spur tracks. MINNEAPOLIS EASTERN. have and does hereby expressly reserve the right and power in such case to declare all rights of the Minneapolis Eastern Railway Com- pany, its successors and assigns, acquired under this ordinance, or under any amendment, express or otherwise, of this ordinance, for- feited by reason of such failure, neglect or refusal; and thereupon and thereafter all such rights shall cease, end and determine. SEC. 9. The provisions of this ordinance are not to be so con- strued as to take away or infringe upon the rights or privileges of any other railway company. SEC. 10. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, in all its constructions and repairs upon and across all streets, shall so perform its work as not to hinder nor unnecessarily impede public travel, and shall take all proper precautions by fencing and lighting excavations and obstructions to guard against all dangers of accidents to the public; and shall indemnify and save harmless the said city against all claims for damages or injuries caused by any failure to take such precautions. SEC. II. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS EASTERN. An Ordinance Granting to the Minneapolis Eastern Railway Com- pany the Right to Construct and Operate Lines of Railway Upon and Across Certain Streets in the City of Minneapolis. (Passed April 20, 1881. April 23, 1881; p. 221 Ordinance Records; 7 C. P. 20.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Minneapolis Eastern Railway Company, its successors and assigns, permission and authority to lay, maintain and operate one track of its railroad from the easterly line of Eighth avenue southeast upon and along the northerly side of Main street in said city and extending to the easterly side of Second avenue southeast, together with the right to construct and operate such spur tracks connecting with such track as may be found necessary to RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 409 MINNEAPOLIS EASTERN. with mills, etc. connect such main track with any and all mills, manufactories and Connection other industries requiring railway facilities, and also the right to con- nect such main track on Bluff street between Eighth and Tenth avenues southeast with any railway track that may be permitted on said Bluff Bluff Street. street. Such main track and spur tracks to be made to conform to the grade of said Main street as the same is now or shall hereafter be estab- lished, excepting in case the grade of said Main street shall be changed To conform so as to cross Sixth avenue southeast, at the grade of said Sixth to grade, avenue southeast, as changed by ordinance; in that case said railway track shall not conform to such change but shall conform to the present grade of said Main street. Such main track to be constructed as near as may be practicable to the northerly side of said Main street and located to the approval of the City Engineer of said city. etc. Such tracks are to be constructed across Fifth avenue southeast at such grade as may be convenient to said railway company irre- spective of the grade of said avenue: Across Sixth avenue southeast, said tracks are to be on such grade as to allow passage under said Sixth avenue southeast, as the same shall be changed in conformity to ordinance of the City Council approved February 7, 1881, and across Seventh and Eighth avenues southeast at such grades as may be convenient to said company not varying more than three feet from the present grades of said avenues, and along said Bluff street at such grade as may be convenient to said company. Change of grade. City Engi- neer to approve location. 5th, 6th There is also granted to the said Minneapolis Eastern Railway Company, its successors and assigns, the further right to construct, maintain and operate not exceeding two other railway tracks, upon and across Fifth, Sixth, Seventh and Eighth avenues southeast and upon such portions of Bluff street as may be necessary to connect such tracks with such other railway tracks as are now or may hereafter be permitted on said Bluff street. Such tracks to be located upon a strip of land described as follows, that is to say: Commencing at a point on the easterly side line of Third avenue southeast, midway between Main and Second streets, on a line running parallel with and midway between said Main and Second streets southeasterly along the middle line of blocks fifty, fifty-one and fifty-two, in St. Anthony Falls, and crossing Fifth, Sixth and Seventh avenues southeast upon said line to a point in block fifty-three where the dividing line between lots two and 7th and three intersect said middle line of said block, thence on a six degree reverse curve to a line parallel with and fifty-eight feet distant southerly from the southerly line of block fifty-four in St. Anthony Falls, and thence easterly along said last named line to an intersection with the main line of the proposed extension of the Minneapolis Eastern Rail- way opposite block fifty-five, in said St. Anthony Falls, and said strip of land being of the following width, that is to say: Through said width of block fifty and to the center of Fifth avenue southeast thirty feet on the northerly side and twenty-five feet on the southerly side of said line, from the center of Fifth avenue southeast to the middle line of Sixth avenue southeast fifteen feet on each side of said line, from the middle line of Sixth avenue southeast to the middle line of Seventh avenue southeast twenty feet on each side of said line, and thence twenty-five feet on each side of said line. Aves. SE. land. Two addi- tional tracks. - 6th Ave. SE. 5th Ave. SE. 7th Ave. SE. 8th Ave. SE. Where located. 3rd Ave. SE. Bluff Street. Grade. SE. At 5th Ave. 6th Ave. SE. Bluff Street. 410 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Company may operate. Travel not to be ob- structed. Ordinance regulations to apply. Conditions of grants. Bridge at 5th Ave. SE. Bridge or viaduct at 6th Ave. SE. Expense. Bridges at 6th Ave. SE. Roadway. Roadway on Bluff Street. First. That said Minneapolis Eastern Railway Company, its suc- cessors and assigns shall within six months after notice therefor from said City Council construct over its tracks crossing Fifth avenue south- east a good and sufficient bridge for the travel of said Fifth avenue southeast, of such dimensions as the City Council shall direct, said Approaches. city to construct and maintain the approaches to such bridge. Second. That said company, its successors and assigns shall con- struct and prepare for the use of said city on said Bluff street and between its said tracks, and said blocks fifty-four and fifty-five of St. Anthony Falls, a roadway not less than thirty feet wide and in case the construction of said railway tracks shall leave less than thirty feet between such tracks, or the embankment on which they shall be laid, said company or its successors or assigns, shall, at its own cost, procure and turn over to said city sufficient land to give such unobstructed road- way thirty feet wide. Strength of bridges. Abutments. A 1 MINNEAPOLIS EASTERN. K SEC. 2. The right to operate the tracks herein named shall in- clude the right to pass and repass thereon with cars and locomotive engines, in the usual manner of railway operations, but shall not in- clude the right to obstruct travel on said streets by standing cars, ex- cept so far as may be necessary for loading and unloading cars on said main track, and the said operations shall in all respects be subject to all lawful regulations and restrictions of any and all ordinances and regu- lations of said city. " SEC. 3. The grants of right of way herein contained are made upon the express conditions following, that is to say: B Third. That said company, its successors and assigns, shall, whenever said City Council shall require of the St. Paul, Minneapolis & Manitoba Railway Company the construction of a bridge or viaduct. for the passage of the travel on said Sixth avenue southeast above the grade of the roadway on said Main street as provided for in the ordi- nance granting right of way to said St. Paul, Minneapolis & Manitoba Railway Company for tracks on said Main street, repay to said St. Paul, Minneapolis & Manitoba Railway Company one-half the expense of constructing such bridge or viaduct over said roadway on Main street. Fourth. That said Minneapolis Eastern Railway Company, its successors and assigns shall construct on Sixth avenue southeast over its said tracks good bridges for the travel upon said avenue, such bridges to have a roadway not less than thirty feet wide with sidewalks. on each side not less than eight feet wide, and shall also construct be- tween such bridges a good and sufficient roadway with a straight grade from one of said bridges to the other, said roadway to be thirty feet wide with sidewalks eight feet wide, and may be made on earth em- bankment or approved bridges, as shall be convenient. Fifth. All the bridges herein provided for shall be of sufficient strength to sustain all travel thereupon at any rate of speed permitted. on the streets of said city. All such bridges shall have good abutments of stone, well built and of sufficient strength to support any embankment that may be necessary or convenient for approaches to such bridges on said streets. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 411 MINNEAPOLIS EASTERN. Such bridges shall be of such materials and constructed upon such plans as shall be approved by the City Council or any committee or officer by them authorized to act in their behalf; but in case they are built of wood, wholly or in part, said company or its successors or If of wood, assigns shall maintain and keep in repair all such wooden construc- maintain. tions. to SEC. 4. The City of Minneapolis reserves the right to enter upon those portions of said streets upon which such railroad tracks shall be constructed, and make such excavations, and do such other work thereon as may be necessary or convenient in the construction and re- pair of sewers, gutters, water mains, gas pipes or other works or im- provements of a public character without being liable therefor to any claim for damages; and the Minneapolis Eastern Railway Company, its successors and assigns, shall afford all aid and facilities to said city in doing such work; and protect their tracks during such work; and relay their tracks at their own expense if removed by such works, when the works are completed from time to time. Materials Approval by and plans. council. Said company shall maintain all abutments of such bridges and Maintenance repair all such injuries to such bridges as shall result from the in- and repairs. sufficiencies of such abutments. If such bridges are constructed of iron with stone or concrete pavement or roadways, said city will main- tain the same except as against defects in the original construction maintain, thereof. City to when. SEC. 6. The aforesaid grant of right of way to the Minneapolis Eastern Railway Company aforesaid, its successors and assigns, is made upon the further express condition that said company, its suc- cessors and assigns, shall always, in all things, conform to the pro- visions of this ordinance, and do and perform all things whatever which are in this ordinance stated, or provided for, to be done or performed on its or their part, faithfully and promptly; and on the further express condition that any other railroad company having a terminus in the City of Minneapolis shall have the right to make connection with such railroad tracks, and always have the right to enter upon and pass with City may provements. make im- No liability for damages. Company to co-operate. Relaying of tracks. paving, etc. SEC. 5. The Minneapolis Eastern Railway Company, its suc- repair. cessors and assigns, shall always keep and maintain that portion of every street upon or across which its tracks shall be constructed, in good condition for public travel, as may be needed, or as the City Council of said city may from time to time direct, and shall keep the same planked, paved, macadamized, or otherwise put in condition as Planking, said City Council may order from time to time, such paving, planking, macadamizing or other improvements to cover the whole space occu- Space of. pied by such tracks, including the spaces between said several tracks and such distance outside of the outer rails as the City Council may order. And said railway company, its successors and assigns, shall always conform the said tracks, at their own expense, to the grade of said streets as such grade is or may hereafter be fixed or changed by the City Council of said city, and shall also, in operating such rail- road, conform to all lawful regulations which shall be made by said City Council respecting the running of cars and engines upon and across said streets, and respecting precautions touching the public safety. Tracks to street grade. conform to Regulations for public safety. Company to ordinance. conform to Further condition. Other roads tracks. may use 412 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Terms, etc. Council to fix terms, when. Neglect to conform to ordinance. Notice from Council. Council may declare forfeiture. Rights to cease. Grant not warranted. City not subject to damages. Travel not to be im- peded. Precautions against accidents, To take effect. May main- tain tracks. MINNEAPOLIS WESTERN. its cars and engines upon and over said tracks from a junction there- with as far southeasterly from the northern terminus of such tracks as said tracks, or any connection therewith belonging to said first named company shall extend in said city, upon such just and equitable terms. and regulations as may be agreed upon by the parties interested; and in case they cannot agree upon such terms and regulations, then the City Council shall have the power, by ordinance, resolution or other- wise, to fix such terms and regulations, and change the same from time to time. SEC. 9. The Minneapolis Eastern Railway Company, its suc- cessors and assigns, in all its constructions and repairs upon and across all streets, shall so perform its work as not to hinder nor unnecessarily impede public travel, and shall take all proper precautions by fencing and lighting excavations and obstructions to guard against all dangers To indemnity of accidents to the public; and shall indemnify and save harmless the city. said city against all claims for damages or injuries caused by any failure to take such precautions. SEC. 10. This ordinance shall take effect and be in force from and after its publication. SEC. 7. If the Minneapolis Eastern Railway Company, its suc- cessors or assigns, shall at any time wilfully fail, neglect or refuse to conform to the provisions of this ordinance, respecting the condition in which such streets and bridges shall be put and kept, and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council or from any officer of the city by direction of the City Council, requiring them to conform to the pro- visions hereof in the matter, the City Council shall have and does hereby expressly reserve the right and power in such case to declare all rights of the Minneapolis Eastern Railway Company, its successors and assigns, acquired under this ordinance, or under any amendment, express or otherwise, of this ordinance, forfeited by reason of such failure, neglect or refusal; and thereupon and thereafter all such rights shall cease, end and determine. SEC. 8. The City of Minneapolis in no wise warrants any of the rights or privileges herein granted, or which is intended to be herein. granted; and it is not to be subjected to any claim for damages on account of any matters herein contained. MINNEAPOLIS WESTERN. An Ordinance Granting to the Minneapolis Western Railway Com- pany the Right to Construct and Operate Its Railway Upon and Along Certain Streets in the City of Hinneapolis. (Passed Nov. 28, 1890. Approved Dec. 2, 1890. Published Dec. 4, 1890, in the Minneapolis Tribune, 16 C. P. 683.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. Permission and authority are hereby granted to the Minneapolis Western Railway Company, its successors and assigns, to RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 413 MINNEAPOLIS WESTERN. construct, maintain and operate with locomotive engines, cars and trains of cars, railway lines and tracks over, along and across streets within the City of Minneapolis as follows, to-wit: A single track line of railway with the necessary switches and turnouts, beginning at a point on the easterly line of Eighth avenue south in said city, opposite lots four (4) and five (5), block one hun- dred and one (101), Minneapolis, thence extending in a westerly di- rection across said avenue to the northerly side of Second street south, 2nd St. S. thence in and along the northerly half of said Second street to a point on the line of block seventeen (17), Minneapolis proper, thence across Fourth avenue south, thence in a northerly direction across First street 4th Ave. S. south to the northerly line of said First street. 1st Ave. S. SEC. 2. The track of said railway shall conform to the grade of said streets and avenues, as the same are now or may hereafter be established, when the said grade shall have been established, except where the same shall cross First street in the City of Minneapolis, Bridge at where a bridge is to be built as in the next section provided. 1st St. SEC. 3. The said railway company, its successors and assigns, shall always keep and maintain that portion of every street upon or across which said track shall be constructed, at the grade of such streets, in good condition for public travel, and shall construct over and across said track, where the same crosses First street, a bridge, said bridge to be of iron with stone abutments; iron floor joist and wood roadway, and to be constructed on plans and specifications which shall be approved by the City Engineer of the City of Minneapolis prior to the construction of said track across First street, the roadway of said bridge to conform to the grade of said street as is now or may hereafter be established. Provided further that said railway com- pany, its successors or assigns, shall forever keep and maintain said bridge except the street pavement on the top thereof, unless the same shall be damaged or destroyed through any action of the authorities of the City of Minneapolis. SEC. 6. Said railway company shall also, within thirty days from the publication hereof, file with the City Clerk of said city an instru- ment in writing, executed by its proper officers, accepting the pro- visions herein contained, and containing an agreement on the part of said railway company, its successors and assigns, to perform all the Location. 8th Ave. S. One track. Track to conform to street grade. crossings to Streets and be kept in good con- Bridge at 1st St. Materials of. Plans and specifications Roadway. Maintenance and repair of bridge. 10th Ave. S. Plans and specifica- SEC. 4. Permission is also hereby granted to the said railway Bridge over company, its successors or assigns, to construct a bridge over Tenth avenue south near the westerly end of the Tenth avenue bridge ac- cording to plans and specifications to be approved by the City Engineer. tions. SEC. 5. The said railway company, its successors and assigns, Company to shall indemnify and save harmless said city from all losses, claims save city or suits on account of the negligence of said company, its successors etc. or assigns, or any servant or employe thereof, in or about any matter or thing authorized or allowed to be done hereby in said streets, or the performance of said work or any part thereof, whereby said city shall be put to any loss or claim for damages; and it shall, upon notice of the commencement of any suit against said city for any such neglect, defend such suit and pay and satisfy all judgments against the city therefor. Defend suits judgments. pay of Acceptance nance. where filed. When and 414 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Default. Repeal. Grant not warranted. City not liable for damages. To take effect. Viaduct in 2nd Ave. NE. Main Street to Harrison Street. Bottom of viaduct at Main St. NE. 2nd St. NE. 1 Retaining walls. Removal of by owner. ST. PAUL, MINNEAPOLIS & MANITOBA AND GREAT NORTHERN. conditions of this ordinance; and upon default of filing such instru- ment of acceptance, and failing so to do, this ordinance may be repealed at any time. The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Company, its lessee, be and is hereby granted authority and permission to construct a viaduct in Second avenue northeast, covering the width thereof from Main street to Harrison street, inclusive of both of said streets, in which to place its tracks, the bottom of said viaduct to conform to the follow- ing city datum at the streets crossed by it, to-wit: At Main street northeast, 112.5 feet above datum; at Second street northeast 113.1 feet above datum; at University avenue 114.298 feet above datum: at Fourth street northeast 115.498 feet above datum; at Fifth street northeast 116.697 feet above datum; at Sixth street northeast 117.895 feet above datum; at Seventh street northeast 119.094 feet above datum; and at Central avenue northeast 120.65 feet above datum. The grade of said Second avenue northeast is hereby changed to conform to the datum above given at the several streets, and the ordinance now in existence providing for the grade on said Second avenue north- University Ave. 4th St. NE. 5th St. NE. 6th St. NE. 7th St. NE. Central Ave. Change of grade. 2nd St. NE. Amendment of ordinance. east is hereby amended accordingly, provided this ordinance is accepted by said railway companies as hereinafter specified; if not so accepted, said grade shall not be considered as changed. The said viaduct shall be supported by suitable retaining walls; provided, however, that when- ever any abutting property owner or owners desire to improve their property so as to use the same on the grade of said viaduct, the said walls may be by such owner or owners removed so as to. give suitable access to his or their property. SEC. 7. The City of Minneapolis in no wise warrants any of the privileges herein granted or attempted to be granted, but all said grants are made subject to all the vested rights which other companies and private persons now have in all the subject matter of said grants; and said city is not to be subject to any claims for damage on account of any matters herein contained. SEC. 8. This ordinance shall take effect and be in force from and after its publication. ST. PAUL, MINNEAPOLIS & MANITOBA AND GREAT NORTHERN. An Ordinance Providing for the Bridging of the Streets Crossing the Right of Way of the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Com- pany, Its Lessee. (Passed May 27, 1892. Approved June 4, 1892. Published June 7, 1892, in The Minneapolis Times, 18 C. P. 269. As amended April 14, 1893, 19 C. P. 186; May 1, 1893, 19 C. P. 217.) RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 415 SEC. 4. The said railway companies or either of them are hereby authorized and directed to construct a viaduct under their tracks at Como avenue and Tenth avenue southeast, from one side of their right of way to the other, with a clear head room of fourteen feet, providing for a roadway under their tracks, sufficiently protected on the sides by retaining walls, the roadway to be thirty-nine feet in width and the sidewalks on either side thereof six feet in width. The said viaduct and the bridges provided for in section 3 hereof to be constructed and completed within one year after the acceptance of this ordinance as hereinafter provided. 1. ST. PAUL, MINNEAPOLIS & MANITOBA AND GREAT NORTHERN. 2nd Ave. NE. University St. NE. Ave. NE. 4th St. NE. 7th St. NE. 5th St. Central Ave. width of bridges. SEC. 2. The said railway companies or either of them are hereby Bridges. authorized and directed to construct, at the time of the constructing of said viaduct, and all to be completed within one year and six months When to be from the acceptance of this ordinance by said companies as hereinafter completed. provided, bridges over said Second avenue northeast at Main street Bridges over northeast thirty feet in length, at Second street northeast forty-five At Main feet in length, at University avenue eighty feet in length, at Fourth street northeast eighty feet in lengh, at Fifth street northeast two hun- dred and twenty feet in length, at Seventh street northeast one hun- dred and forty feet in length and at Central avenue two hundred feet in length. The lengths above given to be in the clear. The said bridges may, if said railway companies or either of them elect, be of such length as to span the entire width of said Second avenue north- Length and east, and the entire width of the right of way, or entirely across the ground of said railway companies or either of them; provided, how- ever, that if said bridges are lengthened after the same are first con- structed, and after the approaches hereinafter named have been built, the approaches shall be constructed by the railway companies at their Company to own expense and made to conform to the change of grade made neces- approaches. sary by such lengthening, and said railway companies or either of them, shall also pay any and all damages to abutting property by reason of such change of grade which might be recovered under the pro- visions of the City Charter, were the city itself making such change, and all of said bridges that are less than ninety-five feet in length to be plate girder bridges. (As amended April 14, 1893, 19 C. P. 186.) SEC. 3. The said railway companies or either of them are hereby Additional authorized and directed to construct bridges over their right of way and the entire width thereof at the following streets in addition to those stated in section 2, to-wit: At Twenty-fifth avenue northeast ninety-four feet in length, at Broadway one hundred and fifteen feet in length, at Central avenue at its intersection with Broadway two hundred and eighteen feet in length, such lengths to be in the clear. (As amended May 1, 1893, 19 C. P. 217.) construct bridges. SEC. 5. The bridges hereinabove provided for shall be constructed of iron or steel, supported by stone abutments, leaving a clear head room of twenty feet under said bridges above the top of the rails at the established grade; they shall be of sufficient width to allow a road- way of thirty-six feet and sidewalk on each side of the same six feet in width, excepting the one on Central avenue, near Ninth street, which shall be provided with a roadway of fifty-six feet, the one at Central avenue at its intersection with Broadway, which shall be provided with Lengthening of bridges. Damages to owners. Plate girder when bridges, 25th Ave. NE Broadway. Central Ave. Viaducts. Como Ave. 10th Ave. SE. When to be completed, How con- Bridges. structed. Width. Head room. Roadways. 416 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Paving and planking. Strength of bridges. Approval of plans. Earth rock and stone excavated. How disposed of. Delivery of earth to city. Use of for approaches. Bridges, when to be constructed. Public in- · convenience. Bridges and abutments to be built and main- tained by companies. Except paving and planking. Width of roadway and sidewalks changed. Main Street. 2nd St. NE. University Ave. 4th St. NE. 5th St. NE. ST. PAUL, MINNEAPOLIS & MANITOBA AND GREAT NORTHERN. a roadway of fifty-one feet, and the one at Main street which shall be provided with a roadway fifty-six (56) feet in width. All of said bridges shall be paved and planked in like manner as the bridges on Fourth and Fifth streets north, heretofore constructed by said St. Paul, Minneapolis & Manitoba Railway Company over its right of way. In all cases said bridges shall be of sufficient strength to meet the require- ments of first-class highway bridges, the plans for the same to be ap- proved by the City Engineer and the Engineer of said railway com- panies. SEC. 6. In constructing the viaduct provided for in section one of this ordinance, the said railway companies may reserve of the earth taken out therefor for their own use not to exceed twenty thousand yards, and also all the rock and stone which shall be removed in making such excavation, and all the remainder of such earth shall be given and delivered to the city by loading the same on wagons or carts to be pro- vided for that purpose by the city while the work of excavating is being prosecuted, such wagons or carts to be placed at points along said viaduct accessible and convenient for loading such earth by the employes of said railway companies engaged in the work of excavating such viaduct, the same to be used by the city in making the approaches to the bridges herein above enumerated as hereinafter provided for. The bridges enumerated in section two of this ordinance shall be con- structed by said railway companies while such work of excavating is being prosecuted, and all such work shall be done by said railway companies so as to inconvenience the public as little as practicable with the proper prosecution of the same. · SEC. 7. All of the bridges hereinbefore enumerated and the abut- ments thereto shall be constructed and forever maintained at the sole expense of the said St. Paul, Minneapolis & Manitoba Railway Com- pany or the Great Northern Railway Company, its lessee, their suc- cessors or assigns, excepting the paving and planking of the roadway and sidewalks, which shall be constructed by the said companies, but maintained thereafter at the sole expense of the city. The width of the roadway and sidewalks of the following bridges shall be changed from the width specified in section five (5) of said ordinance as follows: At Main street the width of roadway to remain as specified in section five, the sidewalks to be changed from six (6) feet to nine (9) feet in width. At Second street northeast the roadway to be made forty (40) feet instead of thirty-six (36) feet in width, and the sidewalks to be made twelve (12) feet instead of six (6) feet in width. At University avenue the roadway to be made forty (40) feet instead of thirty-six (36) feet in width, and the sidewalks to be made twelve (12) feet instead of six (6) feet in width. At Fourth street northeast the roadway to remain of the width specified in section five, and one sidewalk twelve (12) feet in width to be constructed instead of two sidewalks six (6) feet in width. At Fifth street northeast the roadway to be made forty (40) feet instead of thirty-six (36) feet in width, the sidewalks to remain as provided in said section five. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 417 ST. PAUL, MINNEAPOLIS & MANITOBA AND GREAT NORTHERN. At Seventh street northeast the roadway to be made forty (40) 7th. St. NE. feet instead of thirty-six (36) feet in width, the sidewalks to be made twelve (12) feet instead of six (6) feet in width. At Central avenue near Ninth street the roadway to remain as provided in said section five, and the sidewalks to be made eight (8) feet instead of six (6) feet in width. The city shall pay the additional cost and expense of construction of said bridges, including labor and material, caused by such change in said bridges; and also the additional cost of maintenance and repairs growing out of such change. (As amended April 14, 1893, 19 C. P. 186.) Central Ave. near 9th St. Additional cost paid by city. City to bridges, construct where. Streets hereafter opened. Undercross- of bridges. SEC. 8. In consideration of the foregoing the city shall, at all streets within its limits hereafter opened or laid out across the right of way of the said railway companies or either of them, their successors or assigns, at its sole cost and expense construct and maintain bridges across such right of way, with the necessary abutments and approaches thereto, or the city may, if it so elects, construct in lieu of a bridge at any of said streets an under crossing over said right of way, to- gether with the approaches thereto, suitable and sufficient to maintain ings in lieu the tracks of said railway companies as the same may exist at the time of such construction, or as may thereafter be constructed by said rail- way companies, all plans to be approved by the City Engineer and the Engineer of said railway companies, subject to the approval of the City Council; the said crossings to be provided with proper retaining walls as may be indicated in the plans; but no crossing at grade of the tracks and right of way and yards of the said railway companies shall here- after be sought or established; and wherever a street has been hereto- fore opened across the right of way of said railway companies and is not covered by an existing contract between the city and said railway companies, or their predecessors in interest, or is not hereinabove pro- vided for, the city will at its sole cost and expense construct and main- tain bridges or under crossings as above described and approaches thereto, at such times as the interests and safety of the public or the interest of said railway companies and the security of their employes and passengers shall require. The city will also at its own expense construct and thereafter maintain all approaches to all the bridges hereinabove enumerated to be constructed by said railway companies, and will provide such approaches before or at the time said bridges are constructed by said companies, and the said companies shall not be required to construct said bridges until such approaches are con- structed or provided for by the city; and the city will, within one year approaches. from the confirmation of the report of the commissioners in the mat- ter of the opening of Nineteenth avenue northeast construct a bridge over the right of way of said railway companies at said avenue. The city will also within one year from the acceptance of this ordinance construct a bridge over the right of way of said railway companies at Nicollet street on Nicollet Island. The city will change the grade of streets and take such proceedings as may be necessary to make it legal for said railway company or companies to construct such viaduct and bridges, and will assume all liability under the provisions of its charter for damages to abutting property owners by reason of the Liability Also provide at Nicollet Also bridge Street. Change of grade of streets. for damages. Approval of plans. Retaining No crossings at grade be estab- hereafter to lished. City to bridges, etc., at crossings for herein. When. provided maintain City to approaches bridges mentioned to all herein. City to at 19th Ave. build bridge NE., when. 418 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Exception. Water mains and sewers to be low- ered or raised by city. New street openings. Waiver of damages. Ordinance to be a con- tract, when. SEC. 10. The provisions of this ordinance shall become a bind- ing contract between the City and said railway companies when accept- ed by said companies in writing within thirty days from the passage of this ordinance by the City Council, and the provisions of this ordinance and contract, when so accepted, shall be held to be a compromise and adjustment of all disputes between said city and the said railway com- panies or either of them in respect to all matters therein provided for, and a settlement of all suits and proceedings now pending between said city and said companies or either of them. Resolution of May 25, and merged herein. SEC. II. Upon the acceptance of the terms of this ordinance by 1866, revoked the said railway companies as in the above section provided, the pro- visions and requirements contained in a certain resolution passed by the City Council of the City of St. Anthony on the 25th day of May, 1866, prescribing the condition of occupancy of Oak street for depot grounds, tracks, etc., by the St. Paul and Pacific Railway Company, shall be considered as revoked and the provisions of said resolution merged in this ordinance. Compromise and settle- ment of all matters in dispute, suits, etc. To take effect. : Grantee's authority to act. ST. PAUL, MINNEAPOLIS & MANITOBA. change of grade, or the construction of the approaches to said bridges and incidental thereto, except as provided for in section two. If the change of grade of said streets and the construction of the said via- ducts and bridges shall make it necessary to lower or raise the wa- ter mains and sewer pipes now in said streets or either of them, such change shall be made by the city at its sole cost and expense. SEC. 9. Said railway companies or either of them shall on their part interpose no objection to the opening of new or additional streets. across their tracks or right of way at any time, and shall waive all claims for damages incidental to or growing out of such opening of streets. SEC. 12. This ordinance shall take effect and be in force from and after its passage and acceptance as above provided for and its publication. ST. PAUL, MINNEAPOLIS & MANITOBA. Agreement Between the City of Minneapolis and the St. Paul, Minneapolis & Manitoba Railway Company, Relative to Bridges, etc., at Western Avenue and Holden Street Crossings and Abandonment of Second Avenue North Crossings at Grade. · Signed and sealed on behalf of the city by its Mayor and Comp- troller, and on behalf of the company by its vice-president and sec- retary. (Executed Sept. 30, 1881, p. 445, Contract Records.) Whereas, The St. Paul, Minneapolis and Manitoba Railway Com- pany (as the successor and assignee of The Minnesota and Pacific Railroad Company and The First Division of the St. Paul and Pacific. Railroad Company and of all the property, rights, privileges, powers and immunities formerly possessed by the said Minnesota & Pacific RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 419 ST. PAUL, MINNEAPOLIS & MANITOBA. operation. and First Division Companies under the charter and various amend- Line in ments thereof,) has now in operation a line of railway through the City of Minneapolis and running over and across various of the streets and avenues of said city under and by virtue of the grants and powers conferred upon said Minnesota and Pacific and said First Division of the St. Paul and Pacific Railroad Companies and subject to the re- strictions and duties contained in said charters of said companies and the amendments thereto; not previous- And whereas, no adjustment or settlement has ever been made Obligation between said first named railway company and said City of Minne- of company apolis as to the extent of the obligation of said railway company un- ly adjusted. der the charter and amendments aforesaid in regard to placing the crossways of said streets and avenues in such condition as not to in- terfere with or impair their free use by the public; as to certain And whereas, said City of Minneapolis and said The St. Paul, Agreement Minneapolis and Manitoba Railway Company have come to an under- crossings. standing and agreement settling all mutual claims and obligations respecting crossings of said railway upon Western Avenue (formerly known as Seventh Street), Holden Street (otherwise known as High- Adjusted land Avenue) and Second Avenue North (formerly known as Sixth crossings. Street) leaving unadjusted the several obligations and rights of said Other railway company and said city as to street crossings in said city other crossings not than those above named and those within the limits of the former City of St. Anthony : adjusted. Now therefore, this agreement between said City of Minneapolis Agreement. on the one part and said The St. Paul, Minneapolis and Manitoba Railway Company of the other part witnesseth: That the said The On part of St. Paul, Minneapolis and Manitoba Railway Company in consideration company. of the premises and of the settlements and adjustments of its obliga- tions in respect to the said street crossing above specified and of the release from said city hereinafter set forth, hereby agrees that it will erect bridges in place at said Western Avenue and Holden Street crossings, which said bridges shall each span the right of way of said company, said bridges shall be each all iron direct-support bridges with oak flooring and with good and sufficient railings to make them. safe for travel, the superstructure to be supported by suitable masonry; said bridge at Western Avenue to have a roadway twenty feet in width Roadway and with sidewalks eight feet wide on each side; said Holden Street bridge to have a roadway twenty-seven feet in width and sidewalks six feet wide on each side, the floors of said road bridges to be subject to Floors. the inspection and acceptance of the City Engineer of said City of Minneapolis, and said railway company agrees to have said bridges when manufactured and placed in position at said street crossing at as early erected a day as they can be reasonably procured and erected. sidewalks. Same. Western Bridges at Ave. and Holden St. How built. Agreement city. on part of Full settle- ment. And in consideration of the foregoing premises and the fulfill- ment by said railway company of its agreement above set forth, the said City of Minneapolis agrees to and with said company that it will accept the said bridges when completed aforesaid as and for a full set- tlement and adjustment of all liabilities and obligations on the part of said railway to construct and maintain crossings at the three above Crossings. named points, to-wit: Said Western Avenue, Holden' Street and 420 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Release. Approaches. Repairs by company, when. City may bridge Second Ave. N. Not to inter- fere with tracks, etc. Second Ave. N. at grade vacated. Truss bridge on First St. N. between Third and Fourth Aves. N. Roadway. Sidewalks. Abutments. GREAT NORTHERN, Second Avenue North crossings and shall forever release and dis- charge said company from all and every obligation and duty in regard to said crossings. *And said City of Minneapolis further agrees for the consideration aforesaid, that from and after the completion of said bridges and each of them and the approaches thereto at its ex- pense, provided that if said railway company shall at any time after the completion of said bridges damage the same by setting the plank- ing thereof on fire or shall undermine or damage the abutments of said bridges by excavating for its tracks, said company shall at its own cost forthwith repair and place in good condition the portion of said bridges so damaged by it, to the extent of such damage. It being understood however that should said city of Minneapolis hereafter desire to bridge said Second Avenue North at its own cost and expense, that said railway company will permit said city to place, under the direction and superintendence of the Chief Engineer of said company, the necessary supports therefor upon its right of way, pro- vided that such supports shall be so placed as not to interfere with or incommode said company in the free and full use of its tracks and said right of way as the same shall be required by the business of said. company, said city by the foregoing agreement waiving and releasing all right or interest in or to the crossing of said Second Avenue North as a street or highway of said city at grade so far as the same is laid over said company's right of way to the same extent as if the same had been duly vacated. GREAT NORTHERN. An Ordinance Granting the Great Northern Railway Company the Right to Construct a Bridge on First Street North. The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. The Great Northern Railway Company is hereby authorized to construct a bridge on First street north, between Third and Fourth avenues north, over its right of way. The said bridge to be a substantial truss bridge having a width of roadway not less than thirty-six (36) feet in the clear, and a sidewalk on each side not less. than six (6) feet wide in the clear. Said bridge shall consist of one span to be placed on good and sufficient abutments not more than ninety (90) feet apart, measuring at right angles to the face line of the abutments at the grade of the Strength and tracks. It shall be of sufficient strength to sustain and support upon the roadway thereof a weight of one hundred (100) pounds live load to to the square foot, and on the sidewalks thereof a weight of eighty (80) pounds live load to the square foot. sufficiency. * As recorded in the office of the City Comptroller. (Passed June 12, 1891. Approved June 17, 1891. Published June 19, 1891, in the Minneapolis Times, 17 C. P. 266.) RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 421 GREAT NORTHERN. The roadway of the bridge shall be level, and the elevation of the Roadway. top of the roadway shall be the same as that of the bridge now existing, Elevation. which the bridge herein provided for is to replace. SEC. 2. Company to Said bridge and the approaches thereto shall be built by said railway company and at their expense, and said bridge shall be forever maintained by and at the expense of said company. build and maintain bridge and approaches. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication and after the filing with the City Clerk by said effect. railway company of an acceptance of the terms hereof within thirty Acceptance. days from the passage hereof. GREAT NORTHERN. An Ordinance Authorizing the Extension of the Bridges Over the Right of Way of the Great Northern Railway Company on Holden Street and Western Avenue in the City of Minneapolis. (Passed Nov. 13, 1891. Approved Nov. 16, 1891. Published Nov. 18, 1891, in the Minneapolis Times, 17 C. P. 595.) I. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That the Great Northern Railway Company be and is hereby permitted and authorized to extend the bridges over its right- of-way on Holden street and Western avenue, in the City of Minne- apolis, for a distance of thirty (30) feet from the westerly end of said bridges in a westerly direction, and to erect and construct such ex- tensions of said bridges as herein provided. " extend Authority to bridges over Holden St. Ave. and Western pay Such extensions of said bridges shall conform in every respect with the present structures, and shall be constructed in like manner and with materials equal to that entering into the construction of the present bridges, and shall be of the same width and grade and of equal strength with the present structures. The said railway company shall make such extensions at its own cost and expense and shall all damages that may be occasioned to abutting property owners by rea- son of any change of grade in the approaches to said bridges made necessary by such extensions, and any and all damages that may arise. in any manner to any one by reason of such extensions. Said railway company shall, at its own expense, complete such extensions and build approaches thereto, and put the same in a suitable and passable con- dition, including paving and curbing, within a reasonable time after the commencement thereof, under the direction and to the satisfaction of the City Engineer. The work of extending said bridges shall be prosecuted so as not to block both of said streets and prevent travel thereon at the same time. Said railway company shall file with the City Clerk of the City of Minneapolis, within twenty (20) days after the publication of this ordinance, its written acceptance of the provisions of this ordi- SEC. 2. This ordinance shall take effect and be in force from To take and after its publication. nance. effect. form to Same to con- present structures. width, grade and Materials, damages to company. Cost and be paid by Expense and completion. time of Travel not to be obstructed. Acceptance of ordinance. When and where filed. 422 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain double sidetrack. On Main St. SE. Location. Main St. SE. Second Ave. SE. Grade of tracks. Cars on street. City not liable for damages. Company to indemnify city. Condition of grant. Amend or repeal ordi- nance, etc. Repeal to take effect, when. City may make im- provements. To take effect. GREAT NORTHERN, GREAT NORTHERN. An Ordinance Granting to the Great Northern Railway Company, at the Request of the Proprietors of the Phoenix Mill, for Use and Convenience in the Operation of Said Mill, Permission to Construct and Operate a Double Side-track Upon Main Street Southeast, in the City of Minneapolis. (Passed June 30, 1893. Approved July 6, 1893. Published July 8, 1893, in the Minneapolis Times, 19 C. P. 394.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of the proprietors of the Phoenix mill, and for the use and convenience in the operation of said mill, permis- sion and authority are hereby granted to the Great Northern Railway company to construct and maintain and operate upon Main street southeast, in said city, a double side-track as follows, to-wit: Be- ginning at a point on the main line of said railway company, as now located on Main street southeast, which point is one hundred and fifty (150) feet southeasterly from the southeasterly boundary line of Third avenue southeast; thence on a curve in said street to and upon lóts nine (9) and ten (10), in block forty-nine (49) of St. Anthony Falls addition; thence on a curve to the main track of said railway company on said street to a point on said track where it is intersected by the southeasterly boundary line of Second avenue southeast, ex- tended. K SEC. 2. Said side-track shall at all times be maintained on said street at the present grade, or such grade as may hereafter be estab- lished by said City Council; and said company shall not permit its cars to be left standing upon said street, and shall at all times keep the spaces between the rails of said tracks and for a distance of eighteen (18) inches outside of the outer rails of said tracks properly planked. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said side- tracks or said street in which the same is located; and said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction or maintenance of said side-tracks along said street. SEC. 4. The grant made in the foregoing section of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance, or modify the same as it may deem advisable; provided, however, that such repealing ordinance, if any, shall take effect not less than ninety (90) days from and after its publication. The city also reserves the right to excavate under said tracks at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 423 GREAT NORTHERN. GREAT NORTHERN. An Ordinance Granting to the Great Northern Railway Company Permission to Construct, Maintain and Operate a Spur Track From the Present Right of Way and Tracks of Said Railway Company Westerly Along and Through the Public Alley in Block 7 in Oak Lake Addition to the City of Minneapolis and Thence Continuing Westerly Across Border Avenue in Said City Along and Through the Public Alley in Block 8, in Said Oak Lake Addition, Terminating at the Westerly Boundary Line of Said Block 8 in the City of Minneapolis. (Passed May 24, 1901. Approved May 29, 1901. 31, 1901, in The Minneapolis Times, 27 C. P. 232.) Published May The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Great Northern Railway Company to construct, maintain and operate a single spur track from the present right of way and tracks of said railway com- pany westerly along and through the public alley in Block 7, in Oak Lake Addition to the City of Minneapolis, and thence continuing westerly across Border avenue in said city, on the present grade of said avenue and along and through the public alley in Block 8, in said Oak Lake Addition, terminating at the westerly boundary line of said Block 8, in the City of Minneapolis. Provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said alley in Block 7 and of Border avenue and of said alley in said Block 8. Provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the express con- dition that the said railway company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engi- neer shall deem necessary and direct, and said railway company shall not permit its cars to be left standing upon said Border avenue so as in any manner to obstruct the same, and upon the further condition that the City of Minneapolis and the City Council thereof reserves, the right to excavate in said alleys and avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway com- pany shall pay the increased or additional cost of making excava- tions for such purposes, if any, by reason of the existence of said spur track upon said alley in said Block 7, and upon said Border ave- nue and upon said alley in said Block 8. SEC. 2. A May main- tain single Block 7, Oak spur track. Location. Alley in Lake Add. Border Ave. Alley in Block 8. Track to conform to street grade. said Add. Company to. and maintain drains, etc. Cars not to Border Ave. Further condition. City may lic im- make pub- provements. Company to tional cost, pay etc. At the place where said spur track crosses said Border avenue, said railway company shall, at its own expense, promptly re- store the roadway and the sidewalks to a good and safe condition, planking the roadway the whole width of said avenue between the Planking. curb lines and conforming each sidewalk to the width and lines of its continuations in each direction from said spur track, and shall, Restoration and side- of roadway walks. 424 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Maintenance of crossing and plank- ing. City to be indemnified SEC. 3. Said Great Northern Railway Company shall hold the by company. City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across or along said alley in said Block 7, Oak Lake Addition, and across said Border avenue and across or along said alley in said Block 8, said Oak Lake Addition. All such damages, if any there how adjusted be, shall be adjusted and paid by the Great Northern Railway Com- Damages, and Suits. Company to intervene and defend, etc. pany, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if neces- sary for such purposes, and will wholly relieve said City of Minne- apolis from defending the same and shall assume and pay all judg- ments recovered therein. Right to revoke reserved to city. To take effect. GREAT NORTHERN. May main- tain single spur track. at its own expense, maintain such crossing and planking and side- walks thereof in like good condition as long as such spur track shall there remain. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said spur track should be removed from said alley in said Block 7, said Ôak Lake Addition, and from said Border avenue and from the said alley in said Block 8, said Oak Lake Addition, and the City Council is of necessity. hereby made the sole judge of such necessity. Council sole judge 1 Acceptance of ordinance. Filing of same. SEC. 5. Before this ordinance shall be in force or effect, the said Great Northern Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance. thereof, executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things required. and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as herein pro- vided. GREAT NORTHERN. An Ordinance Granting Permission to the Great Northern Railway Company to Construct, Maintain and Operate a Spur Track From the Present Right of Way and Tracks of Said Railway Company Across Tyler Street, in the City of Minneapolis, Be- tween Division Street and Winter Street, and Crossing Said Tyler Street, Between Lot 9, Block 21, and Lot 10, Block 22, Ramsey, Lockwood and Others' Addition. (Passed Dec. 12, 1902. Approved Dec. 15, 1902. Published Dec. 18, 1902, in The Minneapolis Tribune, 28 C. P. 584.) Juda The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Permission is hereby granted to the Great Northern Railway Company to construct, maintain and operate a single spur RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 425 1 GREAT NORTHERN. Tyler Street, Grade of track to conform to track from the present right of way and tracks of said railway com- pany across Tyler street, in the City of Minneapolis, between Division street and Winter street, and crossing said Tyler street, between Lot 9, Block 21, and Lot 10, Block 22, Ramsey, Lockwood and Others' Addition. Provided, however, that the grade of such spur track shall be made to conform to any change which may hereafter be made in the grade of said Tyler street, between Division and Winter streets. street grade. Provided, further, and the said permission to construct, main- condition. tain and operate said spur track hereby granted is upon the express of grant. condition that the said railway company shall construct and main- tain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct, and said railway company shall not permit its cars to be left standing upon said Tyler street so as in any manner to obstruct the same, and upon the further con- dition that the said City of Minneapolis and the City Council thereof reserves the right to excavate in said Tyler street at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excava- tions for such purposes, if any, by reason of the existence of said spur track upon said street. SEC. 2. At the place where such spur track crosses said Tyler street, said railway company shall at its own expense promptly restore the roadway and the sidewalks to a good and safe condition, plank- ing the roadway the whole width of said street between the curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said spur track, and shall at its own expense maintain such crossing and planking and said side- walks thereof in like good condition as long as such spur track shall there remain. SEC. 3. Said Great Northern Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across or along said street. All such damages, if any there be, shall be adjusted and paid by the Great Northern Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said spur track shall be removed from said street, and the City Council is hereby made the sole judge of such necessity. Location. Company to drains, etc. Cars not to stand on street. Right to improve- make public ments re- served. Company to pay addition- al cost. restored by and side- walks to be company. Planking. Sidewalks. Maintenance and plank- of crossing ing. Company to city. Damages, and paid. how adjusted Suits. Company to and defend, judgments. and pay Right to served to revoke re- city. Council judge of necessity. SEC. 5. Before this ordinance shall be in force or effect, the Acceptance said Great Northern Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written ac- Filing same. ceptance thereof, executed by its proper officers, within 30 days from of 426 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Agreement. · To take effect. 24, & Lewis Add., etc. Between Fourth and Tenth Ave. N. Also three switch tracks be- tween Washington and Third St. N. across Fifth Ave. Sixth Ave. Seventh Ave. Eighth Ave. Ninth Ave. Blue print. ¿ GREAT NORTHERN, The City Council of the City of Minneapolis do ordain as follows: Permission granted to lay switch tracks on alleys in SECTION I. In order to enable the Great Northern Railway Com- pany the better to serve its Minneapolis patrons in handling and de- livering their freight, permission is hereby granted to said company, Blocks 22, 23, its successors and assigns, to lay, maintain and operate a switching and warehouse track or tracks upon the following named alleys, all of which lie between and parallel with Third street north and Wash- ington avenue north, to-wit: The alleys in Blocks 22, 23 and 24, of Bradford and Lewis' addition, and the alley in Block 6, of Bas- sett, Moore and Case's addition, and on and across any alley or pub- lic way, if any such alley or public way exists in the line of said pro- posed improvements, between Fourth avenue north and Tenth ave- nue north, for the use of said Great Northern Railway Company, its successors and assigns, in connection with their warehouse and switching tracks, to be located upon adjoining property and to be extended through the middle of said blocks, so situated between Third street north and Washington avenue north as to connect with the main tracks of said Great Northern Railway Company on Fourth avenue north; and permission and authority is hereby granted to the Great Northern Railway Company, its successors and assigns, to lay, maintain and operate not to exceed three warehouse and switch- ing tracks upon and across the following avenues running between Third street north and Washington avenue north, to-wit: Fifth avenue, Sixth avenue, Seventh avenue, Eighth avenue and Ninth avenue; said tracks upon the above named alleys and above named avenues to be upon the present grade of said alleys and avenues, said tracks to be substantially as shown in their respective positions and connections upon a blueprint map identified by the signature of An- drew Rinker, City Engineer. and filed in the office of the City En- gineer, February 10, 1905. Provided, however, that should the grade the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things re- quired and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof, as hereinafter provided. GREAT NORTHERN. An Ordinance Granting to the Great Northern Railway Company Permission to Lay Warehouse and Switching Tracks on Cer- tain Alleys and to Cross Certain Avenues Through the Middle of the Blocks Situated Between Third Street North and Wash- ington Avenue North, in the City of Minneapolis, and Extend- ing from the Main Tracks of Said Great Northern Railway Company on Fourth Avenue North to Tenth Avenue North. (Passed Feb. 24, 1905. Approved Feb. 28, 1905. Published in Daily Legal News, March 2, 1905, 31 C. P. 94.) RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 427 GREAT NORTHERN. of grade. grade. of said alleys or avenues be at any time changed, then and in that Change case the grade of said tracks shall be so changed as to conform either Tracks to to the grade of the alleys and avenues above named, or to such other conform to grade as the City Council may determine for the purpose of separat- ing grade crossings. And provided that none of said tracks shall be used for railroad yard purposes by said Great Northern Railway Company, its successors or assigns, nor for any other purpose than shipping in and out of freight, destined to and from the shippers adjoining the aforesaid tracks. Tracks, used. how to be on streets. SEC. 2. Said Great Northern Railway Company, its successors and assigns, shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connec- tion with said tracks above mentioned as may be necessary and as said City Engineer may direct. Said railway company shall not per- Cars mit its cars to be left standing over or upon any of the avenues above standing named, or any other part thereof, longer than five minutes at any one time, nor shall said company obstruct the travel along any of said avenues for a longer period than five minutes at any one time. Nor shall any switch or other obstruction be placed in any of said avenues. The right of the City of Minneapolis is hereby reserved to excavate in any and all of said alleys and avenues at any and all times for the construction of sewers, laying of water, gas and other pipes, and for any and all municipal purposes, and said railway com- pany shall pay the increased or additional cost involved in said exca- vation by reason of the tracks hereby permitted. All roadways, pavements, sidewalks, curb stones and other im- provements along or upon said alleys or avenues which shall be in any manner removed, changed or obstructed, shall be replaced and properly repaired by said Great Northern Railway Company under the supervision and according to the direction of the City Engineer of the City of Minneapolis within thirty days after the completion of any track or tracks constructed under the authority hereby given. Said railway company shall at all times maintain approaches thereto for the full width of the streets crossed, including sidewalks and be- tween the tracks so as to conform to the streets on either side of said railway tracks. The paving of the streets and sidewalks on either side and between the tracks shall be constructed and maintained by said railway company in the same manner and with the same ma- terial used in paving and constructing the avenues and sidewalks on either side of said tracks. At least one track shall be constructed from the right of way of said railway company on Fourth avenue north and extended to Tenth avenue north within one year from the time when this ordi- Drains. Obstruction of travel. Switches. Said Great Northern Railway Company, its successors and as- signs, shall, when the necessities of public travel and use require and the City Council of the City of Minneapolis direct, establish and maintain and properly operate gates or other signals or devices for the protection of travelers along said avenues above mentioned, and gates, sig- such gates or signals shall be so constructed and operated as not to hinder or delay public travel along said avenues more than may be absolutely necessary for the protection of travelers thereon. Safety nals, etc. Right of city to sewers, etc. excavate for Additional cost, pay- ment by railway company. Roadways, etc.. re- and repair placement by railway company. Approaches tained by to be main- railway company. Paving and sidewalks, how con- structed and maintained. One track pleted in to be com- one year. 128 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 1 Notice to City Engineer. Railway company to indemnify city against damages, etc. Appear and defend suits and protect city from all liability. Council may revoke permission. Council sole judge of necessity. Acceptance of ordinance. To be filed with City Clerk. Agreement. Ordinance, null and void, when. To take effect. GREAT NORTHERN. nance shall take effect and be in force. Written notice of five days shall be given to the City Engineer before such work is .commenced. SEC. 3. Said Great Northern Railway Company, its successors and assigns, shall hold the City of Minneapolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said tracks upon said alleys and across said avenues and shall assume the defense of any and all such suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of defense, and will wholly protect and relieve the City of Minneapolis from all liability of every kind and description on ac- count of the acts or omissions of said Great Northern Railway Com- pany, its successors or assigns, in connection with the building and maintenance of said tracks. SEC. 4. The City Council of the City of Minneapolis hereby reserve the right to revoke the permission and authority hereby granted to the Great Northern Railway Company, its successors or assigns, whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said tracks shall be removed from the alleys and avenues herein named, and the City Council is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force and effect, the said Great Northern Railway Company shall accept the same by filing its written acceptance thereof with the City Clerk of the City of Minneapolis, executed by its proper officers, within thirty days from the passage and publication of this ordinance, consenting to the terms and conditions of this ordinance and agreeing, for itself, its successors and assigns, to perform all acts and things herein required and agreed to be done by said railway company, its successors or assigns. A failure on the part of said railway company to file its accept- ance, as above stated, with the clerk, as above provided, within the time limited, shall render this ordinance null and void and of no effect. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by the said rail- way company, as herein provided. b RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 129 CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company, at the Request and for the Accommodation of the North Star Barrel Company, Permission to Construct and Operate a Certain Spur Track Upon and Across Sixth (6th) Street South in the City of Minneapolis. (Passed June 17, 1887. Approved June 18, 1887. Published June 22, 1887, 13 C. P. 200.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request and for the accommodation of the North Star Barrel Company, permission and authority are hereby granted to the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate across Sixth (6th) street south in said city, a spur track, the center line whereof shall be located and run as follows, that is to say: Beginning at a point in the center line. of the most northeasterly side track of said railway company oppo- site said block ten (10) and distant seventy (70) feet northwest- wardly from the northwestwardly side line of Fifteenth (15th) avenue Fifteenth south, of said city; thence running northwestwardly on a twenty- four (24) degree curve to the right, and tangent to the center line last mentioned, forty-seven (47) feet; thence on a nineteen (19) de- gree and forty-six (46) minute (19 deg. 46 min.) curve to the right, across Sixth (6th) street, and across and through said lots three (3) and four (4) two hundred and sixty (260) feet, to the northeasterly end line of said lot three (3). Ave. S. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company, at the Request and for the Accommodation of John T. Rogers, Permission to Extend, Construct and Op- erate a Certain Sidetrack on and Across Ninth Avenue South, and in and through a part of Second Street South, in the City of Minneapolis. May main- tain a spur track. SEC. 2. Said spur track shall at all times cross said Sixth (6th) Grade of street at the same grade as the main tracks and existing side tracks of said railway company do now or shall at any time hereafter cross the same. spur track. SEC. 3. This ordinance shall take effect and be in force from and To take after its publication. effect. (Passed March 16, 1888. Approved March 19, 1888. Published March 21, 1888, 13 C. P. 944.) Location. Sixth St. S. The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request and for the accommodation of John May extend T. Rogers, permission and authority are hereby granted to the Chi- track. 430 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Second St. Tenth Ave. S. Removal of tracks from Second St. Notice from council. cago, Milwaukee & St. Paul Railway Company to extend the side. Second St. S. track of said company now in Second street south, adjacent to its elevator "B," and for that purpose to construct, maintain and operate Ninth Ave. S such extension of said side track across Ninth avenue south and in Grade of side track. Location. 1 To take effect. May main- tain a spur track. Location. Aldrich Ave. Twenty- ninth St. Description. Aldrich Ave. Twenty- ninth St. Grade of spur track. CHICAGO, MILWAUKEE & ST. PAUL. and along said Second street, adjacent to block one hundred and four- teen (114), to the northwesterly side line of Tenth avenue south. It being agreed and understood by and between said Chicago, Mil- waukee & St. Paul Railway Company and the City of Minneapolis that upon sixty (60) days' notice from the City Council of said City of Minneapolis, said railway company will remove their tracks from said Second street adjacent to block one hundred and fourteen (114). SEC. 2. Such extension of said sidetrack shall cross Ninth ave- nue and run in and along the said Second street at and upon the grades of said avenue and street respectively as the same are now or shall hereafter be established, and at the same distance from the northeasterly line of said block as from the northeasterly line of the adjoining block, No. ninety-seven (97). SEC. 3. This ordinance shall take effect and be in force from and after its publication. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company at the Request of the Northwestern Ada- mant Manufacturing Company, and for Its Use and Accom- modation, and for the Use and Accommodation of Its Suc- cessors and Assigns, Permission to Construct and Operate a Certain Spur Track Upon and Across Aldrich Avenue and Twenty-ninth Street South, in the City of Minneapolis. (Passed April 29, 1892. Approved May 3, 1892. Published May 6, 1892, in The Minneapolis Times, 18 C. P. 204.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of the Northwestern Adamant Manu- facturing Company, and for the use and accommodation of said com- pany and its successors and assigns, permission_and_authority are hereby granted to the Chicago, Milwaukee & St. Paul Railway Com- pany to construct, maintain and operate across Aldrich avenue and upon and across Twenty-ninth street south, in said city, a spur track as follows, to-wit: Beginning at a point in the track of the Hastings & Dakota division of the Chicago, Milwaukee & St. Paul railway, west of Lyndale avenue, thence across Aldrich avenue, over the right of way of said company, to the west line of Aldrich avenue, thence across Twenty-ninth street south to lot twelve (12) in block eighteen (18) in Windom's Addition to Minneapolis. SEC. 2. Said spur track shall at all times cross said avenue and street at the present grade, or such grade as may hereafter be estab- RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 431 CHICAGO, MILWAUKEE & ST. PAUL. lished by said City Council, and said company shall not permit its Cars not cars to be left standing upon the crossings of said avenue and street, on street. and shall at all times keep said crossings planked. SEC. 3. The City of Minneapolis shall not be subjected to any City not claim for damages on account of any change of grade of said spur damages, track or said street in which the same is located, and said railway company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction or maintenance of said spur track across said avenue and street. City indemnified. SEC. 4. The grant made in the foregoing sections of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance, or to modify the same as it may deem advisable; provided, however, that such repealing ordinance, if any, shall take effect not less than ninety days from and after its publica- tion, and giving ninety days' notice in writing of such publication to each of said companies. The city also reserves the right to ex- cavate under said track at any and all times for the purpose of con- structing sewers, laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Certain Spur Track or Sidetrack Upon and Across Gar- field Avenue and Harriet Avenue in the City of Minneapolis. - (Passed Nov. 25, 1892. Approved Nov. 26, 1892. Published Nov. 29, 1892, in The Minneapolis Times, 18 C. P. 670.) Conditions of grant. Right to amend or ordinance repeal reserved. Repeal to take effect, Right to improve- when. make public ments re- served. To take effect. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That permission and authority are hereby granted to the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate upon and across Garfield avenue and Harriet avenue in said city a spur track or side track between the main track of the Hastings & Dakota division of said railway company and the side track of said company now located and being on the north side of said main track, which spur track hereby permitted to be built is described as follows, to-wit: Beginning at a point on the side track Description. which is next to and north of the main line of the Hastings & Dakota division of said railway company, west of and near the west line of Grand avenue, in said city, thence west over the right of way of Across said company across Harriet avenue and Garfield avenue to a point east of and near the easterly line of Lyndale avenue. Harriet Ave. and Garfield Ave. May main- tain side track. Location. Harriet Ave. Garfield Ave. track. SEC. 2. Said spur or side track shall at all times cross said ave- Grade of nues at the present grade or such grade as may hereafter be estab- lished by the City Council of said city, and said company shall not 432 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Cars not to stand on crossings. Planking. City not liable for damages. Company to indemnify city. Right to amend or repeal ordi- nance re- served. Repeal to take effect, when. Right to make public improve- ments re- served. To take effect. Acceptance by company. Excavating and grading by city. Grade of Fifth Ave. S. established. CHICAGO, MILWAUKEE & ST. PAUL. permit its cars to be left standing upon the crossings of said avenues, or either of the same, and shall at all times keep said crossings planked. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur or side track or said avenues over which the same is located, and said railway company shall hold the city of Minneapolis harmless. from any and all damages occasioned by reason of the construction or maintenance of said spur or side track across said avenues. SEC. 4. The grant made in the foregoing sections of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance, or to modify the same as it may deem advisable. Provided, however, that such repealing ordinance, if any, shall take effect not less than ninety days from and after its publication, and the giving of ninety days' notice in writing of such publication to said railway company. The city also reserves the right to exca- vate under said track at any and all times for the purpose of con- structing sewers and laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Subject to the acceptance of the terms of this ordi- nance by the Chicago, Milwaukee & St. Paul Railway Company as hereinafter provided and the performance by the said railway com- pany of the conditions hereinafter set out by it to be performed, it is ordered open hereby ordered that Fifth avenue south be opened and graded across Fifth Ave. S. ed, etc., across rail- way tracks at Twenty- ninth St. Grade. Roadway. the right of way of the Hastings & Dakota division of said railway adjoining Twenty-ninth street and through the embankment and under the tracks of said railway at such place to conform to the grade fixed and indicated in section two (2) of this ordinance. Sidewalks. The roadway of said street when so opened shall be thirty-six (36) feet in width and the sidewalk six (6) feet in width on each side of said roadway. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Providing for the Opening and Grading of Fifth Avenue South Over the Right of Way of the Hastings & Da- kota Division of the Chicago, Milwaukee & St. Paul Railway Company, and the Bridging of the Same. (Passed Dec. 23, 1892. Approved Dec. 28, 1892. Published Dec. 31, 1892, in The Minneapolis Times, 18 C. P. 714.) The excavating and grading necessary to the construction of said street under said railway tracks and across said right of way shall be wholly at the expense of the City of Minneapolis. SEC. 2. The grade of said Fifth avenue south at and along the center line of said railway company's right of way, and upon and RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 433 CHICAGO, MILWAUKEE & ST. PAUL. entirely across said right of way, is hereby fixed at 138.5 feet above. the datum or base line of said city, being thirteen (13) feet below the lower surface of the rails of said railway as now laid. wooden SEC. 3. The said railway company is hereby authorized, em- Company to powered and directed, at the time of excavating and grading of said maintain a street or avenue, to erect and thenceforth for a period of not less bridge over than five years to maintain and use over, in and across said street or Fifth Ave. S. avenue a single track wooden bridge supported by bents of piles, How con- whereof the central bent may stand upon and along the center line structed. of said street or avenue, with a roadway opening on each side thereof Roadways. eighteen (18) feet wide between center of bents, and two other bents may respectively stand upon and along lines parallel with said central. bent and sufficiently distant therefrom to afford such roadways. Such wooden bridge shall be constructed so as to afford at least Head room. twelve and one-half (12) feet clear head room above the crown of said street or avenue graded as above provided. If said railway company shall within such five years lay another through track upon and within its said right of way, used by the Hastings & Dakota division across said street or avenue, to be used with the track now existing as a double track railroad, said railway company is hereby authorized and empowered to construct and there- after maintain and use as aforesaid upon, in and across said street or avenue another and similar wooden bridge for the support of such additional track, or, at its option, to widen out the wooden bridge first aforesaid upon the same plan and likewise supported sufficient to support and carry such double track railway. The said railway company shall bear and pay all and all manner of the costs and expense of constructing such wooden bridge or of widening out of the same as aforesaid; but said city shali and will yearly and every year, within 30 days after rendition of an account thereof, pay to the said railway company all the cost and expense, at the time or times remaining unpaid, of repairing and maintaining any or either wooden bridge as aforesaid. SEC. 4. At any time after five years from and after the comple- tion of such first mentioned wooden bridge the said railway company may, and within six months after demand by the City of Minneapolis shall remove the same, and in place thereof erect and thenceforth forever maintain a single track plate girder iron bridge, affording like clear head room as said wooden bridge, resting at its ends upon stone abutments or upon stone piers and iron columns placed along and outside of the outer line of said street or avenue and intermedi- ately upon lines of stone foundation piers built up to the surface of the street or avenue along the curb lines and iron columns standing thereon; said iron bridge shall in other respects be of such form and structure as said railway company shall determine; and said city shall and will within one year after demand of said railway company made after the completion of such iron bridge, or within one year after demand by said city on said railway company to build said iron bridge as above provided, pay to said railway company all the cost thereof not exceeding four thousand two hundred dollars ($4,200). Additional bridge au- wooden - Widening of bridge. expenses, Costs, and company' to bear. Repairs and mainte- nance, city to pay. Bridge to when. be removed, iron bridge, Plate girder when How con- structed. Cost of bridge, city to pay-not to exceed $4,200. 434 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Iron bridge for double tracks, when. CHICAGO, MILWAUKEE & ST. PAUL. If the additional track shall not be laid and provided with a wooden bridge as set out in section three (3) hereof before the ex- piration of said five years, or the replacement of the first aforesaid wooden bridge by such iron bridge, said railway company may for the support of such additional track construct and thenceforth for- ever maintain and use upon, in and across said street or avenue an- other and similar iron bridge, or widen out the iron bridge first above provided for upon the same plan and likewise supported, sufficient to support and carry such double track railroad; and said city shall and will within one year after demand by said railway company made. after completion of such additional iron bridge or of such widening of the iron bridge first aforesaid, pay to said railway company all the cost of such additional iron bridge or of said widening as the case may be, not exceeding four thousand two hundred dollars ($4,200). In and as a part of the cost of either iron bridge aforesaid, or include what. of the widening of the iron bridge first above mentioned, shall be included all the expense to said railway company of keeping up and protecting its railroad tracks and the operation of its trains over and across said street or avenue, and all the expense of labor and car- riage in and about the laying, change and relaying of any cross-over or other temporary track or tracks. Costs to Widening of former bridge. Cost of bridge or widening, city to pay not to exceed $4,200. Company to repair and maintain bridge and addition. Work of grading to commence, when. Temporary wooden bridge. Change of grade of Fifth St., etc. Head room to remain same. Ordinance to be a con- tract. Acceptance by company. To take effect. The said railway company shall, after the payment by the City of Minneapolis of the cost of said iron bridge or the addition thereto as above provided, keep such bridge and the addition thereto in re- pair and forever thereafter maintain the same. SEC. 5. Said railway company shall, upon thirty (30) days' notice thereof in writing personally delivered to the assistant general superintendent of said railway company at the time resident in said. city, permit said city to begin and proceed with the excavation and grading within said right of way and through the embankment of said railway company there now existing, and shall for the purpose of enabling the said city to do such work take care of its tracks cross- ing said street or avenue by constructing such wooden bridge or by. other temporary methods so as to avoid delay in the work of such excavation and grading. SEC. 6. Nothing herein contained shall be construed as binding the said City of Minneapolis to perpetually maintain the grade of said Fifth avenue south as above established, or as preventing a change of such grade, or as preventing said railway company from raising or lowering the grade of their tracks across said street or avenue, should the public necessity hereafter require such change. of grade by said city or of such tracks by said railway company; provided, that so long as an undercrossing is maintained at said Fifth avenue south the clear head room above the roadway shall be not less than as herein established. SEC. 7. The provisions of this ordinance shall become a con- tract between said city and railway company when accepted by said company in writing, if so accepted within thirty (30) days from and after the passage of this ordinance by the City Council of said city. SEC. 8. This ordinance shall take effect and be in force from and after its publication, and the acceptance by said railway com- pany as in the foregoing section provided. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 435 CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Providing for the Opening and Grading of Thirty- first Avenue South Across the Right of Way of the "Short Line" of the Chicago, Milwaukee and St. Paul Railway Com- pany, and the Bridging of the Same. (Passed April 28, 1893. Approved May 1, 1893. Published May 2, 1893, in The Minneapolis Times, 19 C. P. 215.) The City Council of the City of Minneapolis do ordain as follows: acceptance. SECTION 1. Subject to the acceptance of the terms of this ordi- Subject to nance by the Chicago, Milwaukee & St. Paul Railway Company, as hereinafter provided, and the performance by said company of the requirements hereof by it to be performed, it is hereby ordained, that Thirty-first avenue south be opened and graded across the right of way of the "Short Line" of said railway, and through the embank- ment and under the tracks of said railway, to conform to the grade of said avenue fixed by Section 2 of this ordinance. The roadway of said avenue when so opened and graded shall be of the clear width of thirty-six (36) feet between curb lines, and the sidewalk on each side of such roadway shall be of the clear width of six (6) feet. All grading necessary to the construction of said avenue across said right of way shall be done by and wholly at the expense of said city. SEC. 2. The grade of said Thirty-first avenue south at and along the center line thereof, upon and entirely across said right of way, is hereby fixed at one hundred sixteen and one-half (1162) feet above the datum or base line of said city, being fourteen and two- tenths (14.2) feet below the base of the main track rails of said rail- way as now there laid. Thirty-first dered opened Ave. S. or- etc., across railway. Grade. Roadway. Sidewalks. City to do grading. Grade of Ave. S. Thirty-first established way. across rail- SEC. 3. The said railway company is hereby authorized, em- powered and directed, within six (6) months after acceptance of this ordinance to provide all materials and labor, and to construct, erect and complete, and thenceforth forever maintain and use. over, in and across said avenue, a three-track plate-girder iron bridge, affording at least twelve and one-half (122) feet clear head-room above the Head room. crown of said avenue graded as above provided, and resting at its ends upon stone abutments, and intermediately upon lines of stone Stone foundation piers built up to the surface of the avenue along the curb abutments. lines, and iron columns standing thereon; all openings between the supports. railroad ties shall be kept so covered as to prevent the fall of coal or cinders through said bridge; said bridge shall in all respects not above specified be of the form, dimensions and structure partly ex- hibited and partly noted upon "Drawing No. 5329" of a "proposed bridge" over said avenue, approved Feb. 18th, 1893, by Onward Bates, Engineer and Superintendent of Buildings and Bridges of said rail- way company, and afterwards approved by the City Engineer of said city; of which drawing said City Engineer has a blue-print copy. Other Three track com- plate girder pany to maintain. build and Opening between tiês to be cov- ered. Plans of proposed 436 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Grading of avenue. Construc- tion of sewer. Cost of bridge, city to pay one- half. Company to repair and maintain Cost to - In and as parts of such cost and expense shall, among other include what. things, be included all the expense to said railway company of ex- cavating and removing the said railway embankment and the soil of said avenue across said right of way down to the grade of said avenue hereby established, and of all other excavation required for said bridge, and of keeping up and protecting its railroad tracks and the operation of its trains over and across said avenue and of labor and carriage in and about the laying, change and re-laying of any cross- over, or other temporary track or tracks. Said railway company shall, after such payment by said city, keep said bridge in repair, and forever thereafter maintain the same, and, except as next hereinafter provided, wholly at its own expense; the said city shall and will from time to time pay to the said railway company upon demand, one-half of all cost and expense of all re- pairs and maintenance of said bridge, other than of rails and ties thereon, not necessitated by collision or derailment. bridge forever. Exception. City to pay one-half, when. Renewal of bridge, etc. Expense borne equal- ly by city and company Ordinance to to such renewal etc. Grade of avenue may be changed, etc. Head room to remain as herein estab- lished. Ordinance to become a contract. CHICAGO, MILWAUKEE & ST. PAUL. So far as may be found practicable, without interference with the construction and completion of said bridge, the excavation and grading of said avenue on the part of the city, and the construction of a city sewer along the center of said avenue, may be begun and carried on, within and across said right of way, at any time or times after such excavation and removal of the railway embankment. SEC. 4. The City of Minneapolis shall and will, within thirty (30) days after demand of said railway company, made after the com- pletion of said bridge and accompanied by an account of the cost and expense thereof, pay to said railway company one-half (½) of all such cost and expense. SEC. 5. Whenever, by reason of age, or of ordinary wear and tear of said bridge, or of any injury or destruction thereof not occa- sioned by collision or derailment, it shall, in the judgment of said railway company become necessary to renew or replace said bridge, or any part thereof, or it shall become necessary to raise, lower or remodel said bridge in consequence of any change of the grade of said avenue, the expense of such renewal, replacement, raising, lower- ing or remodelling, as the case may be, shall be borne equally by said railway company and said city, share and share alike, and all the provisions of this ordinance shall, so far as then practically applicable, apply to such new or remodeled structure and to the cost and main- tenance thereof. SEC. 6. Nothing herein contained shall be construed as bind- ing the said City of Minneapolis to perpetually maintain the grade of said Thirty-first avenue south, as above established, or as prevent- ing a change of such grade, or as preventing said railway company from raising or lowering the,grade of its tracks across said street or avenue, should the public necessity hereafter require such a change of grade by said city, or of such tracks by said railway company. Pro- vided, that so long as an under-crossing is maintained at said Thirty- first avenue south the clear head-room above the roadway shall be not less than as herein established. SEC. 7. The provisions of this ordinance shall become a con- tract between said city and railway company when accepted by said RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 437 CHICAGO, MILWAUKEE & ST. PAUL. company in writing, if so accepted within thirty (30) days from and Acceptance. after the approval of this ordinance by the Mayor of said city. effect. SEC. 8. This ordinance shall take effect and be in force from To take and after its publication, and its acceptance by said railway company, as in the preceding section provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company, at the Request and for the Use and Con- venience of the Northern Hydraulic Press Brick Co., Permis- sion to Construct and Operate a Spur Track Across Ninth Avenue South in the City of Minneapolis. (Passed March 9, 1894. Approved March 15, 1894. Published March 20, 1894, in The Minneapolis Times, 20 C. P. 178.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of the Northern Hydraulic Press Brick Co. and for the use and convenience of said company, permis- sion and authority are hereby granted to the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate a spur track across Ninth avenue south, in said city as follows, to-wit: Be- ginning at a point near the northwesterly line of said Ninth avenue south in the center line of the side track of the Chicago, Milwaukee & St. Paul railway now operated in Second street south, which center line is parallel to and distant about 8 feet from the southwesterly line. of said Second street; thence southeasterly across said Ninth avenue to and into lots in Ankeny, Robinson & Pettit's subdivision of block 114, Minneapolis. SEC. 2. Said spur track shall at all times be maintained on said street at the present grade, or at such grade as may hereafter be es- tablished by said City Council; and said company shall not permit its cars to be left standing upon said street, and shall at all times keep the spaces between the rails of said tracks and for a distance of eighteen (18) inches outside of the outer rails of said tracks properly planked. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur track or said street in which the same is located; and said railway com- pany shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction or maintenance of said spur track along said street. SEC. 4. The grant made in the foregoing section of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance, or modify the same as it may deem advisable; provided, however, that such repealing ordinance, if any, Permission to maintain a spur track across Ninth Ave. S. Location. Second St.S. Ninth Ave. S. Block 114, Minneapolis. maintained Track to be at street grade, etc. stand on street. Cars not to Planking. liable for City not damages. Indemnity of city. Condition of grant. amend or Right to repeal ordi- served. nance 438 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Repeal ef- fective, when. Right to make im- provements reserved. To take effect. 1 Permission to maintain single spur track across Marshall Ave. Location. Twenty- second Ave. SE. Track to conform to street grade. Cars not to stand on street. The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of the Warren-Scharf Asphalt Paving Company, and for the use and convenience of said paving company, permission and authority are hereby granted to the Chicago, Milwau- kee & St. Paul Railway Company to construct, maintain and operate across Marshall avenue, in said city, a single spur track as follows, to-wit: Commencing at the point of intersection of the main track of the East Side spur, so-called, of the Chicago, Milwaukee & St. Paul railway and the north line of Marshall avenue in the City of Marshall Ave Minneapolis, thence running southeasterly across Marshall avenue and the right of way of said railway company into Block 8 of Regent's addition, to the westerly line of Twenty-second avenue southeast in said city. SEC. 2. Said spur track shall at all times be maintained on said street at the present grade or such grade as may hereafter be estab- lished by said City Council; and said company shall not permit its cars to be left standing upon said street, and shall at all times keep the space between the rails of said track and for a distance of eigh- teen (18) inches outside of the outer rails of said track properly planked. Planking. City not liable for damages. Indemnity of city. Condition. Further indemnity of city. CHICAGO, MILWAUKEE & ST. PAUL. shall take effect not less than ninety (90) days from and after its publication. The city also reserves the right to excavate under said tracks at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. 1 CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company, at the Request of the Warren-Scharf As- phalt Paving Company, for the Use and Convenience of Said Paving Company, Permission to Construct and Operate a Single Spur Track Across Marshall Avenue in the City of Minneapolis. (Passed Nov. 9, 1894. Approved Nov. 13, 1894. Published Nov. 15, 1894, in The Minneapolis Times, 20 C. P. 700.) SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur track or said street in which the same is located; and said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction or maintenance. of said spur track along said street. This ordinance shall take effect and be in force upon the express condition that said railway com- pany shall at all times save the City of Minneapolis harmless from any and all claims for damages by reason of change of grade of said avenue. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 439 CHICAGO, MILWAUKEE & ST. PAUL. of grant. SEC. 4. The grant made in the foregoing section of this ordi- Conditions nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change, or repeal this ordinance, or modify the same as it may deem advisable; provided, however, that such repealing ordinance, if any, shall take effect not less than ninety (90) days from and after its publication. The city also reserves the right to excavate under said tracks at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Changing and Fixing the Grade of Hennepin Ave- nue Over the Chicago, Milwaukee & St. Paul Railway, and Providing for the Bridging Thereof, and the Incidents Thereto. (Passed March 13, 1896. Approved March 14, 1896. Published March 19, 1896, in The Penny Press, 22 C. P. 120.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The grade of Hennepin avenue in said city at the center line thereof, over the railway track of the Chicago, Milwaukee & St. Paul Railway Company is hereby established and shall here- after be one hundred seventy-nine and 25-100 (179.25) feet above the datum of said city, and the grade of the track or tracks of said railway at the top of the rails thereof shall at the east line of said avenue, be at such depth below said avenue grade as the operation of said railway under the bridge hereinafter mentioned may, in the judgment of said company, require, but not less than one hundred and fifty-eight (158) feet above said datum. Said bridge and the sidewalks thereof shall be planked and the roadway thereof shall be paved with cedar block pavement, and be built according to the present specifications of the City of Minne- apolis for material, workmanship and strength, and the plans there- for shall be made by the Engineer and Superintendent of Bridges and Right to amend or repeal re- served. Repeal to when. take effect, Right to make im- provements, reserved. To take effect. Hennepin Grade of Ave. estab- lished. Plate girder or iron bridge-on Ave. over tracks. II SEC. 2. Said railway company is hereby authorized, empow- ered and directed to provide, construct, erect and complete, in accord- ance with the plans and specifications hereinafter mentioned, upon Hennepin its right of way upon said avenue, a plate girder iron or steel bridge, railway having a roadway sixty-six (66) feet wide, with a sidewalk eleven Plans and (11) feet wide on each side of such roadway, which bridge shall at specifica- its ends rest upon stone abutments and intermediately upon lines of Roadway. stone foundation piers with iron columns standing thereon; the upper Stone surface of the roadway thereof shall be at the aforesaid grade of one abutments, hundred seventy-nine and 25-100 (179.25) feet above city datum, Grade of upon the span which will be over the railway track or tracks, and not higher elsewhere. Sidewalks. etc. roadway. Planking and paving. Plans and tions. specifica- 440 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Depression of railway tracks. Approaches, city to build, etc. Damages to abutting owners-city to pay. City to maintain approaches, planking, etc. Depression of track, cost of. Bridge and abutments to be con- structed and maintained Removal of electric railway tracks, etc., by city. Possession by railway company. Closing of street, how long. • Temporary exclusion of public travel from certain avenues. CHICAGO, MILWAUKEE & ST. PAUL. Buildings of said railway company to the approval of the City En- gineer. All work and material necessary for such depression of railway tracks shall be done and furnished by and at the sole expense of said railway company, and such bridge and the abutments thereof, but not the approaches thereto, shall be constructed and completed at the sole expense of said railway company, and, except the paving and by company. planking of the roadway and sidewalks thereof, shall, after such con- struction and completion, be forever maintained at the like expense. ing and planking. Notice to City Engi- neer. For the purposes of such bridge, said railway company is further authorized, empowered and directed to depress its tracks at said east line of said avenue to the depth hereinbefore provided, but not lower than to one hundred fifty-eight (158) feet above city datum; and thence eastward to the west line of Colfax avenue, so to depress the same as to make a uniform rate of grade from the east line of Hennepin avenue to the present grade of said tracks at the west line of Colfax avenue, which is one hundred sixty-eight and five- tenths (168.5) feet above city datum. In consideration of such widths of roadway and sidewalks upon said bridge, but with the explicit understanding that this instance shall not constitute a precedent, the City of Minneapolis shall and will at its own sole expense, provide all the material for and do all the work of grading and building each approach to said bridge, and shall and will pay all lawful damages to property which may be caused by the con- struction of said approaches respectively, saving the said railway com- pany harmless from all liability therefor, and shall and will after the completion of such bridge and approaches, at its own sole expense, forever maintain said approaches and the paving and planking of said roadway and sidewalks. Whenever said Engineer and Superintendent of Bridges and Buildings shall in writing notify the City Engineer that said rail- way company will at the end of twenty (20) days after service of such notice, be in readiness to begin reduction of its track grade and con- struction of bridge supports within the space common to said avenue and the right of way of said railway company, the said city shall and will, at or before the expiration of such twenty days, cause the elec- tric railway tracks and all other property and objects not of said railway company to be therefrom wholly removed, and shall and will place and continue the said space in the exclusive possession and control of said railway company, closed to and relieved from all public use and travel until the completion of said bridge, but not be- yond the expiration of the six months hereinafter limited; and for the purposes of the depression of the railway grade and track herein- before mentioned, said city shall and will upon the service of the same notice aforesaid likewise temporarily exclude all public use and travel from, and afford to said railway company the exclusive posses- sion and control of so much of each traveled avenue between said Hennepin and said Colfax avenues as lies within the lines of said right of way for and during such time, as to each such avenue, as such changes of railway grade may as a whole reasonably require. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 441 CHICAGO, MILWAUKEE & ST. PAUL. Commence- ment and of work, At the end of such twenty days, the city meanwhile on its part doing as aforesaid, the said railway company shall with all reason- prosecution able diligence depress its grade and track as hereinbefore provided, and immediately thereafter with like diligence prosecute the con- struction and completion of all the supports for said bridge, and so provide that all the materials for the superstructure thereof shall, upon the completion of such supports, be upon the ground in immediate readiness, and therewith diligently prosecute all the further work of. the construction of said bridge, with view to the reopening of said Hennepin avenue to public travel without reasonably avoidable delay. Such depression of tracks and construction of bridge shall be Completion done and fully completed by said railway company within six months months. after the acceptance of this ordinance, as hereafter provided; subject, however to the provisions of Section 3 hereof. SEC. 3. Any delay which shall be caused by default or hindrance of said city, or by legal proceedings in restraint of such work of the railway company, or by any strike of workmen engaged in the con- struction of the iron or other work required to be done for, in or about said bridge, shall not be deemed a breach of this agreement. become a SEC. 4. The provisions of this ordinance, if accepted by said Acceptance company in writing within thirty (30) days after the approval thereof of ordinance. by the Mayor shall thereby become a binding contract between said Same to city and said railway company; and the provisions of such contract contract. shall be held to be a final compromise and adjustment of any and all Also a final disputes heretofore pending between said city and said railway com- etc. pany in respect to the crossing of said railway and said Hennepin compromise, avenue. effect. SEC. 5. This ordinance shall take effect and be in force from To take and after its passage, approval, publication and acceptance as above provided for. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Certain Spur Track Upon and Across Ninth, Eighth and Seventh Avenues South, in the City of Minneapolis. (Passed April 27, 1900. Approved May 4, 1900. 7, 1900, in The Minneapolis Times, 26 C. P. 143.) Delay by ceedings not legal pro- a breach of agreement. Published May The City Council of the City of Minneapolis do ordain as follows: tion, etc. SECTION I. For the better accommodation of the local business Accommoda- of the Chicago, Milwaukee & St. Paul Railway Company, and to induce the location of proposed industries in Blocks forty-five (45) and forty-six (46) of the Town of Minneapolis, permission is here- by granted to said railway company to construct, maintain and operate upon and over Ninth, Eighth and Seventh avenues scuth of said city, at the grades of said avenues respectively, a single spur track to extend from a convenient point in one of its existing tracks in Block Permission to maintain single spur track on Ninth. Seventh Eighth and Aves. S. 442 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Description. Spur track to conform to street grade and changes therein. Further conditions. Drains, And provided, further, and the permission to construct, main- tain and operate said spur track hereby granted is upon the express condition that said Chicago, Milwaukee & St. Paul Railway Com- tionate share pany shall, and it does hereby agree to, pay its proportionate share Company to pay of street im- provements. therefor. of the cost of any and all street improvements on the streets and avenues adjacent to any property now or hereafter owned by said railway company, whether used for railway purposes or any other purpose, in Blocks 45, 46 and the south half of Block 44, in the Assessments original Town of Minneapolis, and any and all assessments now or hereafter levied and assessed on the said property of the said rail- way company for such street improvements; and said railway com- pany shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenues or any thereof so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to excavate in said streets and avenues and each thereof at any and all times for the purpose of constructing sewers and lay- ing water and gas mains therein, and for other municipal purposes, and said railway company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said streets and avenues. Cars not to stand on avenues. Right to make im- provements reserved to city. Additional cost of same, payment by company. Restoration of crossings, etc., at com- pany's ex- pense. Roadway. Sidewalks. Planking. CHICAGO, MILWAUKEE & ST. PAUL. Indemnity of city. one hundred seven (107), to the northwesterly end line of Lot thir- teen (13), in said Block forty-six (46); the center line of which spur track shall leave the northwesterly end line of Lot twelve (12), in Block forty-four (44) of said town within twenty-five (25) feet northeasterly from the most western corner of the lot last mentioned, and crossing said Eighth avenue, shall enter Lot thirteen (13) of said Block forty-five (45), not less than eighteen (18) feet northeasterly from the most southern corner of the lot last mentioned, and shall cross said Seventh avenue not more than twenty-five (25) feet south- westerly from the northeasterly side lines of Lot twelve (12) in said Block forty-five (45), and of Lot thirteen (13), in said Block forty- six (46), considered as respectively produced to the center line of said Seventh avenue; provided, however, that the grade of such spur track shall be made to conform to any change which may hereafter be made in the grades of said Eighth avenue and Seventh avenue, or either of them. SEC. 2. At such crossings of said Eighth and Seventh avenues, said railway company shall at its own expense promptly restore each roadway and the sidewalks to good and safe condition, planking each roadway the whole width of the avenue between curb lines and con- forming each sidewalk to the width and lines of its continuations in each direction from such spur track; and shall, at its own expense, of crossings, maintain each such crossing, and the planking and sidewalks thereof, Maintenance etc. in like good condition, so long as such spur track shall there remain. SEG. 3. Said Chicago, Milwaukee & St. Paul Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur A RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 443 CHICAGO, MILWAUKEE & ST. PAUL. track across said avenues, or any of them. All such damages, if any there be, shall be adjusted and paid by the Chicago, Milwaukee & St. Paul Railway Company, and said company shall assume the de- fense of any and all suits brought for the recovery of the same, in- tervening therein if necessary for such purpose, and will wholly re- lieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Spur Track Upon and Across Ninth Avenue South, in the City of Minneapolis. Dam adjusted and paid. Damages, how pany to de- judgments. Suits, com- fend and pay SEC. 4. Provided, that neither Block forty-five (45) nor Block forty-six (46), Town of Minneapolis, nor any part thereof, shall be used for railroad yards by said Chicago, Milwaukee & St. Paul Railway Company, nor its successors or assigns. of ordinance. SEC. 5. Before this ordinance shall be in force or effect the Acceptance said Chicago, Milwaukee & St. Paul Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to do and per- Agreement, form all acts and things required and agreed to be done by said rail- way company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by the said rail- way company as herein provided. (Passed Dec. 14, 1900. Approved Dec. 18, 1900. Published Dec. 24, 1900, in The Minneapolis Times, 26 C. P. 504.) What not to railroad yard be used as The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Permission is hereby granted to the Chicago, Mil- waukee & St. Paul Railway Company to construct, maintain and operate upon and over Ninth avenue south, in the City of Minneapolis, at the grade of said avenue, a single spur track, to extend from a connection with the Industry Track, so-called, of said company, at a convenient point within Block forty-four (44), in the Original Town, Block 44. now city, of Minneapolis, and thence extending in a general south- Minneapolis. eastwardly direction near to and upon the southwesterly side of said industry track, across and to the southeasterly side of Lot one (1), in Block one hundred and seven (107), in the Original Town, now city, of Minneapolis; provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Ninth avenue south. And provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the ex- press condition that the owners of all that part of Lot one (1). Block May main- tain single spur track. Ninth Ave. S. Block 107. Minneapolis. Track to conform to street grade. Condition of grant. 444 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL. Cost of street im- provements. one hundred seven (107), Town of Minneapolis, lying southwesterly of the right of way of said railway company, shall pay their propor- tionate share of the cost of any and all street improvements on said Ninth avenue south adjacent to all that part of said Lot one (1), Assessments. Block one hundred seven (107), Town of Minneapolis, above men- tioned and described, and any and all assessments now or hereafter levied and assessed on said property last above described; and pro- vided, further, that said railway company shall construct and main- tain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway com- pany shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said Ninth avenue. Drains. Cars not to stand on avenue. Right to construct sewers, etc., reserved. Increased cost of same, pay- ment by company. Roadway and side- walks to be restored by company. SEC. 2. At such crossing of said Ninth avenue south said rail- way company shall, at its own expense, promptly restore the roadway and the sidewalks to a good and safe condition, planking the road- way the whole width of the avenue between the curb lines and con- forming each sidewalk to the width and lines of its continuations in each direction from said spur track; and shall at its own expense Maintenance maintain such crossing and the planking and sidewalks thereof in Planking, etc. thereof. like good condition as long as such spur track shall there remain. Indemnity of city. SEC. 3. Said Chicago, Milwaukee & St. Paul Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across said avenue. All such damages, if any there be, shall be adjusted and paid by the Chicago, Milwaukee & St. Paul Railway how adjusted Company, and said company shall assume the defense of any and all Damages, suits brought for the recovery of the same, intervening therein if necessary for such purpose, and will wholly relieve said City of Min- neapolis from defending the same, and shall assume and pay all judg- ments recovered therein. Suits, com- pany to de- fend and pay judgments. - Right to revoke reserved. - Track not to be con- nected, how. A Council sole judge of SEC. 4. Neither the track hereby authorized, nor any exten- sion thereof, shall ever, at the southeasterly end thereof, be connected with any other track of said railway company, without the consent of the City Council by ordinance. Provided, further, that the City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public in- terests of the City of Minneapolis demand that said spur track should be removed from said Ninth avenue south, and the City Council is hereby made the sole judge of such necessity. necessity. Acceptance SEC. 5. Before this ordinance shall be in force or effect, the of ordinance. said Chicago, Milwaukee & St. Paul Railway Company shall accept the same by filing with the Clerk of the City of Minneapolis its written RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 445 CHICAGO, MILWAUKEE & ST. PAUL. acceptance thereof, executed by its proper officers, within thirty days. from the passage of this ordinance, consenting to the terms and con- ditions of this ordinance and agreeing to perform all acts and things Agreement. required and agreed to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance in Relation to a Certain Road Across the Right of Way of the Chicago, Milwaukee & St. Paul Railway Company, Near the East End of Twenty-sixth Street, and the Construc- tion of the New Short Line Bridge of Said Company. (Passed April 22, 1901. Approved April 29, 1901. Published May 1, 1901, in The Minneapolis Times, 27 C. P. 146.) SECTION I. The City Council of the City of Minneapolis do ordain as follows: The width and course upon and across the right of way of the Chicago, Milwaukee & St. Paul Railway Company of the road nearest to the west bank of the Mississippi river, shall hence- forth be as shown by and between the yellow lines upon Exhibit "B" annexed to the petition of said company upon, over and within the land bounded and described as follows: Provided, however, and this vacation is upon the express con- dition, that the said railway company does hereby agree to improve said street at its own expense, to the width of its right of way across Road nearest Mississippi west bank of river. Width and course of across rail- way. Beginning at a point in the southeasterly side line of the right Description. of way of the Chicago, Milwaukee & St. Paul Railway Company, dis- tant two hundred and four (204) feet northeasterly from the most northerly corner of Block twenty-five (25) of Dorman's First Addi- tion; thence run at a right angle to said side line, north thirty-nine degrees and forty-four minutes (39 deg. 44 min.) west, one hundred (100) feet, to the northwesterly side line of said right of way; thence south fifty degrees and sixteen minutes (50 deg. 16 min.) west, along the side line lastly mentioned, seventy-four and six-tenths (74.6) feet to a point; thence south, sixty-nine degrees and forty-four minutes (69 deg. 44 min.) east, thirty-nine and three-tenths (39.3) feet to a point; thence south thirty-nine degrees and forty-four minutes (39 deg. 44 min.) east, thirty-two feet to a point; thence south nine de- grees and forty-four minutes (9 deg. 44 min.) east, thirty-nine and three-tenths (39.3) feet to a point in said southwesterly side line; thence north, fifty degrees and sixteen minutes (50 deg. 16 min.) east, along the line lastly mentioned, seventy-four and six-tenths (74.6) feet to a place of beginning. 2. All parts of said road within said right of way and out- side of said yellow lines and of the boundary and description above written, are hereby vacated. Vacation of parts of Condition of vacation, 446 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. My CHICAGO, MILWAUKEE & ST. PAUL. said street, whenever and at such times as the street on each side of said right of way is ordered improved, and hereby agrees to make such improvement at its own cost and expense so as to correspond with improvements from time to time ordered in said street in every respect as those ordered in said street, on each side of said right of way, to the width of its right of way, when ordered so to improve the same by the City Council of the City of Minneapolis. SEC. 3. Said railway company is hereby permitted to construct, below the present surface of the ground of said road, as hereinbefore defined, so much of the lower portions of the two western supports of its new short line bridge as upon said Exhibit "B" are represented between said yellow lines. SEC. 4. Said railway company is also hereby permitted during and for the purposes of the construction of the west end of said new bridge, to erect, have and maintain across said road as hereinbefore defined, so long as necessary, all necessary false work for the sup- port of railway tracks, and of the structural materials and work of the new bridge; provided, that through such false work said company Passageway. shall at all times provide and maintain a clear passage way for travel not less than fifteen (15) feet in width, and of not less than fourteen (14) feet head room, always furnished in the night time with a red light upon each side of said passage way. SEC. 5. Said railway company shall file with the City Clerk of said city, within thirty (30) days after the publication of this ordi- nance, its written acceptance of all the provisions thereof. SEC. 6. This ordinance shall take effect and be in force from and after its publication and acceptance as aforesaid. Improve- ment of street. Cost of. Supports of short line bridge, how constructed. Temporary false work on street allowed. Red light. Acceptance of ordinance. To take effect. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Spur Track Upon and Across East Twenty-seventh Street, in the City of Minneapolis. (Passed Aug. 2, 1901. Approved Aug. 5, 1901. Published Aug. 7, 1901, in The Minneapolis Tribune, 27 C. P. 358.) Permission to maintain single spur track. Location. The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Chicago, Mil- waukee & St. Paul Railway Company to construct, maintain and East Twenty operate upon and over East Twenty-seventh street, in the City of Minneapolis, at the grade of said street, a single spur track to ex- tend from a connection with the most northerly of the short line tracks of said railway company between Twenty-seventh and Twenty-eighth ninth Aves. S avenues south, in said City of Minneapolis, at a point about 115 feet seventh St. between Twenty- eighth and Twenty- west of the west line of said Twenty-eighth avenue south and thence extending northwesterly in a curved line across said East Twenty- seventh street to a point in the north line of said East Twenty-seventh RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 447 " CHICAGO, MILWAUKEE & ST. PAUL. street about 210 feet west of the west line of said Twenty-eighth avenue south; provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said East Twenty-seventh street. Track to street grade. conform to street im- And provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the ex- press condition that the owners of the land abutting on said East Conditions. Twenty-seventh street, between said Twenty-seventh and Twenty- eighth avenues south, shall pay their proportional share of the cost Cost of of any and all street improvements on said East Twenty-seventh street, provements. between said Twenty-seventh and Twenty-eighth avenues south, and any and all assessments now or hereafter levied and assessed on said property above mentioned and described; and provided, further, that said railway company shall construct and maintain in proper condi- tion, under the direction of the City Engineer, such drain or drains Drains. in connection with said spur track as said City Engineer shall deem necessary and shall direct, and said railway company shall not permit its cars to be left standing upon said East Twenty-seventh street so as in any manner to obstruct the same, and upon the further condi- tion that the City of Minneapolis and the City Council thereof reserves the right to excavate in said street at any and all times for the pur- pose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said East Twenty-seventh street. SEC. 2. SEC. 4. Neither the track hereby authorized nor any extension thereof shall ever be connected with any other track of said railway company without the consent of the City Council by ordinance. Provided, further, and the City Council hereby reserves the right to revoke the permission and authority hereby granted whenever in the opinion of this or any subsequent council the public interests of Cars not to stand on street. Right to make im- provements city. Additional payment by cost of company. At such crossing of said East Twenty-seventh street said railway company shall at its own expense promptly restore the roadway and the sidewalks to a good and safe condition and shall plank the roadway the whole width of the avenue between the curb Planking. lines, and shall conform each sidewalk to the width and lines of its continuations in each direction from said spur track, and shall at its own expense maintain such crossing and the planking and sidewalks Maintenance thereof in like good condition as long as such spur track shall there of crossing remain. Company to restore road sidewalks. way and of city. SEC. 3. Said Chicago, Milwaukee & St. Paul Railway Company Indemnity shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said All such dam- spur track across said East Twenty-seventh street. ages, if any there be, shall be adjusted and paid by the said Chicago, Milwaukee & St. Paul Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein. if necessary for such purpose, and will wholly relieve said City of Minneapolis from defending the same and shall assume and pay all judgments recovered therein. Damages. how adjusted and paid. pany to de- Suits, com- fend and pay judgments. Connection Consent of track. of city. Right to reserved. revoke 448 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Council sole judge of necessity. To take effect. SEC. 5. Before this ordinance shall be in force and effect the said Chicago, Milwaukee & St. Paul Railway Company shall accept the same by filing with the clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within of ordinance. thirty days from the passage of this ordinance, consenting to the terms Acceptance Agreement. and conditions of this ordinance and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway company as herein provided. Permission to maintain single spur track. Across Seventh Ave. S. Description. Track to conform to street grade. CHICAGO, MILWAUKEE & ST. PAUL. the City of Minneapolis demand that said spur track should be re- moved from said East Twenty-seventh street, and the City Council is hereby made the sole judge of such necessity. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Permission is hereby granted to the Chicago, Mil- waukee & St. Paul Railway Company to construct, maintain and operate upon and across Seventh avenue south, in the City of Minne- apolis, at the grade of said avenue, a single spur track, to extend from. a connection with the industry track, so-called, of said company, at a convenient point within Block forty-five (45), in the original Town (now City) of Minneapolis, and thence extending in a general north- westerly direction near to and upon the southwesterly side of said industry track and across said Seventh avenue south and to and across Lot thirteen (13), in Block forty-six (46), in said original Town (now City) of Minneapolis; provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Seventh avenue south. And provided, further, that the said permission to construct, main- tain and operate said spur track hereby granted is upon the express condition that the owners of Lots one (1) and twelve (12), of said Block forty-five (45), and lots five (5) and thirteen (13), of said Block forty-six (46), in said Town (now City) of Minneapolis, shall pay their proportionate share of the cost of any and all street improve- ments on said Seventh avenue south adjacent to the several lots and parcels of land above described, and any and all assessments now or Assessments. hereafter levied and assessed on said lots and parcels of land; and Cost of street im- provements, payment by lot owners. Condition of grant. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Spur Track Upon and Across Seventh Avenue South, in the City of Minneapolis. (Passed Aug. 9, 1901. Approved Aug. 15, 1901. Published Aug. 19, 1901, in The Minneapolis Tribune, 27 C. P. 377.) provided, further, that said railway company shall construct and main- tain in proper condition, under the direction of the City Engineer, RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 449 CHICAGO, MILWAUKEE & ST. PAUL. such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct; and said railway com- pany shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and upon the further con- dition that the City of Minneapolis and the City Council thereof re- serves the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway com- pany shall pay the increased or additional cost of making excava- tions for such purposes, if any, by reason of the existence of said cost, pay- spur track upon said avenue. Additional Drains, etc. \ Cars not to stand on street, etc. Right to make public ments improve- reserved. company. by company. Planking. SEC. 2. At such crossing of said Seventh avenue south, said Roadway and railway company shall at its own expense promptly restore the road- restoration way and the sidewalks to a good and safe condition, planking the roadway the whole width of the avenue between the curb lines and conforming each sidewalk to the widths and lines of its continuations in each direction from said spur track; and shall at its own ex- pense maintain such crossing and the planking and sidewalks there- of crossings of in like good condition as long as such spur track shall there remain. Maintenance SEC. 4. Neither the track hereby authorized, nor any extension thereof, shall ever be connected with any other track of said railway company than said industry track, without the consent of the City Council by ordinance; planking. SEC. 3. Said Chicago, Milwaukee & St. Paul Railway Company Indemnity shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across said avenue. All such damages, if any there be, shall be adjusted and paid by the Chicago, Milwaukee & St. Paul Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such purpose, and will wholly relieve the said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. and Damages, how adjusted Suits, com- fend, and pay judgment. pany to de- with other Connection tracks. Consent of city. revoke Provided, further, that the City Council hereby reserves the right Right to to revoke the permission and authority hereby granted whenever, in reserved. the opinion of this or any subsequent City Council the public inter- ests of the City of Minneapolis demand that said spur track should be removed from said Seventh avenue south, and the City Council is Council to hereby made the sole judge of such necessity. he sole judge of necessity. SEC. 5. Before this ordinance shall be in force or effect the said Chicago, Milwaukee & St. Paul Railway Company shall accept Acceptance the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and Agreement. things required and agreed to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company as herein provided. of 450 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Object. Permission to maintain one track. Across Eighth Ave. S. Blue print. The City Council of the City of Minneapolis do ordain as follows: SECTION I. In order to enable the Chicago, Milwaukee & St. Paul Railway Company the better to serve its Minneapolis patrons by more prompt receipt, handling and delivery of their freights, permis- sion is hereby granted to said company to lay, maintain and operate one railway track upon and across Eighth avenue south, at the present level of the surface thereof, between and extending from its present city yard into Lot twelve (12), of Block ninety-seven (97), of the Town of Minneapolis, and four (4) railway tracks upon and across Ninth Ave. S Ninth avenue south at the present level of the surface thereof, be- Center lines, where. Track to conform to street grade. Cost of street im- provements, payment by abutting owners. Drains, etc. Cars not to stand on street. ↓ Right to make im- provements reserved to city. CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate Certain Spur Tracks Upon and Across Eighth and Ninth Avenues South, in the City of Minneapolis. (Passed Oct. 11, 1901. Approved Oct. 12, 1901. Published Oct. 15, 1901, in The Minneapolis Tribune, 27 C. P. 498.) tween Lot thirteen (13) of said Block ninety-seven (97) and the southwesterly half of Ankeny, Robinson & Pettit's Subdivision of Block One Hundred Fourteen (114) of said Town, substantially as shown in their respective positions and connections upon a blue print. map identified by the signatures of Frank Healy, G. W. Sublette and F. W. Root, filed in the office of the City Clerk of said city on the 27th day of September, A. D. 1901. The distance between the center line of the most northeasterly of said four tracks and the center line of the most southwesterly thereof shall nowhere in said Ninth avenue exceed sixty-five (65) feet; provided, however, that the grade of said spur tracks shall be made to conform to any change which may hereafter be made in the grade. of either of said avenues. And provided, further, and the said permission to construct, maintain and operate said spur tracks hereby granted is upon the ex- press condition that the owners of the southwesterly one-half of said Block one hundred fourteen (114) shall pay their proportionate share of the cost of any and all street improvements on said Ninth avenue south adjacent to said southwesterly one-half of said block, and any and all assessments now or hereafter levied and assessed on said property last above described; and provided, further, that said railway com- pany shall construct and maintain in proper condition, under the direc- tion of the City Engineer, such drain or drains in connection with said spur tracks, as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left stand- ing upon said avenues so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to excavate in said avenues, at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 451 CHICAGO, MILWAUKEE & ST. PAUL. excavations for such purposes, if any, by reason of the existence of Additional said spur tracks upon either said avenues. cost, pay- ment by company. Roadway and sidewalks, by company. restoration SEC. 2. At such crossings of said avenues said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadways the whole width of the avenues between the curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said spur tracks; and shall at its own expense maintain such crossings and the planking and sidewalks thereof in like good condi- tion, as long as such spur tracks shall there remain. Planking. Maintenance of crossings and planking. of city. SEC. 3. Said railway company shall hold the City of Minne- Indemnity apolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur tracks across said avenues. All such damages, if any there be, shall be adjusted and paid by said Damages, railway company, and said company shall assume the defense of any justed and and all suits brought for the recovery of the same intervening therein, if necessary, for such purpose, and will wholly relieve said City of Suits, com- Minneapolis from defending the same, and shall assume and pay all fend, and pay judgments recovered therein. paid. pany to de- judgments. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said spur tracks, or either thereof, should be removed from said avenues or either thereof, and the City Council is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect, the said railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written acceptance thereof executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agree- ing to perform all acts and things required and agreed to be done by said railway company. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Operate a Certain Spur Track Upon and Across Dartmouth Avenue, in the City of Minneapolis. revoke Right to reserved. (Passed Dec. 20, 1901. Approved Dec. 26, 1901. Published Dec. 30, 1901, in The Minneapolis Tribune, 27 C. P. 565.) Council sole judge of necessity. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company as herein provided. Acceptance of ordinance. Agreement. % The City Council of the City of Minneapolis do ordain as follows: tain spur SECTION 1. That permission and authority are hereby granted May main- unto the Chicago, Milwaukee & St. Paul Railway Company to con- 452 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Location. Across Dart- mouth Ave. Description. Conditions. Drains, etc. Cars not to stand on street, etc. Right to make im- provements reserved to city. Additional cost, pay- ment by company. Roadway and side- walks, com- pany to re- store same. Planking. Indemnity of city. Right to revoke reserved. SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between the curb lines, and conforming each sidewalk to the width and lines of its continuations in each direc- tion from said spur track; and shall at its own expense, maintain Maintenance such crossing and the planking and sidewalks thereof in like good of crossings, condition, as long as such spur track shall there remain. Damages, adjustment and pay- ment by company. Suits, com- pany to de- SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the con- struction and maintenance of such spur track across said avenue. All such damages, if any there be, shall be adjusted and paid by said railway company, and said company shall assume the defense of any and all suits brought for the recovery of the same intervening therein, if necessary, for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and Day all fend, and pay judgments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said spur track should be removed from said avenue, and the City Council is hereby made the sole judge of such necessity. Council sole judge of 1 # necessity. Acceptance SEC. 5. Before this ordinance shall be in force or effect the said of ordinance. railway company shall accept the same by filing with the clerk of the Agreement. CHICAGO, MILWAUKEE & ST. PAUL. To take effect. struct, maintain and operate upon and across Dartmouth avenue, in the City of Minneapolis, at the present grade of said avenue, a spur track, which spur track shall run as follows: Beginning at a point in the East Side spur, so-called, of said railway company, seventy-five (75) feet southeasterly from the southeasterly side line of Dart- mouth avenue; thence northwestwardly, crossing said avenue and con- tinuing in a general northwesterly direction along upon the right of way of said railway company; provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such spur track as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and, Provided, further, that the City of Minneapolis and the City Council thereof reserve the right to excavate in said avenue, at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said avenue. City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the publication of this ordi- nance, consenting to the terms and conditions thereof, and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway company as herein provided. 0 453 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Operate a Spur Track Upon and Across Seventh Avenue South, in the City of Minneapolis. (Passed Feb. 28, 1902. Approved March 3, 1902. Published March 5, 1902, in The Minneapolis Tribune, 28 C. P. 63.) 1 The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. Permission is hereby granted to the Chicago, Mil- waukee & St. Paul Railway Company to construct, maintain and operate upon and across Seventh avenue south, in the City of Minne- apolis, at the grade of said avenue, a single spur track, to extend from a connection with the industry track, so-called, of said company, at a Description. convenient point within Block forty-five (45), in the Original Town (now City) of Minneapolis, and thence extending in a general north- westerly direction near to and upon the northeasterly side of said industry track, and across said Seventh avenue south to and across Seventh Lot fourteen (14), in Block forty-six (46), in said Original Town (now City) of Minneapolis. Ave. S. Provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Seventh avenue south. tain single May main- spur track. Seventh Across Ave. S. Track to conform to street grade, etc. Condition of grant. And provided, further, that the said permission to construct, maintain and operate said spur track hereby granted is upon the ex- press condition that the owners of said Lot fourteen (14) shall pay Cost of im- their proportionate share of the cost of any and all street improve- provements, ments on said Seventh avenue south adjacent to said Lot fourteen owner, etc. (14), and any and all assessments now or hereafter levied and as- Assessments. sessed on said lot; and provided, further, that said railway com- pany shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connec- tion with said spur track as said City Engineer shall deem. necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to ex- cavate in said avenue at any and all times for the purpose of con- structing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said avenue. SEC. 2. At such crossing of said Seventh avenue south said rail- way company shall, at its own expense, promptly restore the roadway and the sidewalks to a good and safe condition, planking the roadway the whole width of the avenue between the curb lines, and conforming each sidewalk to the widths and lines of its continuations in each direction from said spur track; and shall at its own expense maintain Drains, etc. Cars not to avenue. stand on Right to sewers, etc., reserved to city. Additional cost, paid by company. Roadway and side- pany to re- walks, com- store same. Planking. 454 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL. Maintenance such crossing and the planking and sidewalks thereof in like good condition as long as such spur track shall there remain. SEC. 3. Said Chicago, Milwaukee & St. Paul Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across said avenue. All such damages, if any there be, shall be adjusted and paid by the Chicago, Milwaukee & St. Paul Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening there- in, if necessary, for such purpose, and will wholly relieve the said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. of etc., by company. Indemnity of city. Damages, how ad- justed and paid. Suits, com- pany to de- fend, and pay judgments. Connections with other tracks. Consent of council. Right to revoke reserved. Council sole judge of necessity. Acceptance of ordinance. Agreement. To take effect. May main- tain railway tracks. SEC. 4. Neither the track hereby authorized, nor any extension thereof, shall ever be connected with any other track of said railway company than said industry track, without the consent of the City Council by ordinance. Provided, further, that the City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public inter- ests of the City of Minneapolis demand that said spur track should. be removed from said Seventh avenue south, and the City Council is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect, the said Chicago, Milwaukee & St. Paul Railway Company shall accept. the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the publication of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things required and agreed to be done by said railway com- pany. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Operate Certain Railway Tracks Upon and Across East Thirty- sixth Street, East Thirty-seventh Street and East Thirty-eighth Street, in the City of Minneapolis. (Passed July 11, 1902. Approved July 12, 1902. Published July 16, 1902, in The Minneapolis Tribune, 28 C. P. 300.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission and authority are hereby granted. unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate two certain railway tracks upon and RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 455 CHICAGO, MILWAUKEE & ST. PAUL. across East Thirty-sixth street, in the City of Minneapolis, and two certain railway tracks upon and across East Thirty-seventh street, in said city, and one certain railway track upon and across East Thirty- eighth street, in said city, at the present grades of said streets, said tracks to be located substantially as shown in their respective posi- tions and connections by the red lines represented upon a blue print map identified by the signatures of Frank Healy, G. W. Sublette and F. W. Root, filed in the office of the City Engineer of said city on the 27th day of June, A. D. 1902; Two across E. Thirty- Two across sixth St. E. Thirty- seventh St. E. Thirty- Blue print of same. One across eighth St. Provided, that said railway company shall construct and main- Drains, etc. tain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such railway tracks as said City Engineer shall deem necessary and direct; and said railway com- pany shall not permit its cars to be left standing upon said streets or either thereof so as in any manner to obstruct the same; and Provided, further that the City of Minneapolis and the City Coun- cil thereof reserve the right to excavate in said streets at any and all times, for the purpose of constructing sewers and laying water and gas mains therein or in either thereof, and for other municipal purposes, and the said railway company shall pay the increased or Additional additional cost of making excavations for such purposes, if any, by cost, pay- reason of the existence of either of said railway tracks upon either company. of said streets. ment SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said railway tracks should be removed from said streets, and the City Council is hereby made the sole judge of such necessity. - SEC. 5. Before this ordinance shall be in force or effect the said railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written aceptance thereof, executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agree- Cars not to stand on streets. Right to construct sewers, etc., reserved to city. SEC. 2. At such crossing of each of said streets, said railway company shall, at its own expense, promptly restore the roadway and the sidewalks to a good and safe condition, planking the roadway the whole width of the street between the curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said railway tracks; and shall at its own expense maintain such Maintenance crossing and the planking and sidewalks thereof in like good condition, as long as such railway track or tracks shall there remain. of crossings, etc. Jan Roadway walks, com- pany to Planking. of city. SEC. 3. Said railway company shall hold the City of Minneapolis Indemnity harmless from any and all damage occasioned by reason of the con- struction and maintenance of either such railway tracks across said streets. All such damages, if any there be, shall be adjusted and paid Damages, by said railway company, and said company shall assume the defense how ad- of any and all suits brought for the recovery of the same, intervening paid. therein, if necessary, for such purpose, and will wholly relieve said City Suits, com- of Minneapolis from defending the same, and shall assume and pay fend, and pay all judgments recovered therein. justed and pany to de- judgments. Right reserved. to revoke Council sole judge of necessity. Acceptance of ordinance. 456 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Agreement. To take effect. May main- tain one track. Across Hiawatha Ave. Location. Twenty- eighth St. Blue print of same. Drains, etc. Cars not to obstruct street. Right to construct sewers, etc., reserved. Additional cost, pay- ment by company. Roadway and side- walks, how restored. Planking. CHICAGO, MILWAUKEE & ST. PAUL. ing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate One Certain Railway Track Upon and Across Hiawatha Avenue, in the City of Minneapolis. Passed Oct. 10, 1902. Approved Oct. 13, 1902. Published Oct. 15, 1902, in the Minneapolis Tribune, 28 C. P. 504.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company, to con- struct, maintain and operate one certain railway track upon and diagon- ally across Hiawatha avenue, in the City of Minneapolis, at the pres- ent grade of said street; said track to enter said avenue about thirty-five (35) feet northwesterly from the intersection of the west line of said avenue with the north line of Twenty-eighth street, and run south- eastwardly across said avenue to a point in the easterly line of said avenue about thirty-five (35) feet southeasterly from the intersection of the southeasterly line of said avenue with the south line of Twenty- eighth street produced across said avenue, substantially as shown by the yellow line represented upon a blue print map identified by the signatures of G. W. Sublette and F. W. Root, filed in the office of the City Engineer of said City on the .... day of August, 1902; Provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such railway tracks as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and Provided further, that the City of Minneapolis and the City Coun- cil thereof, reserve the right to execavate in said avenue at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said railway track upon said avenue. SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the street between the curb lines, and conforming each side- walk to the width and lines of its continuations in each direction from C RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 457 * CHICAGO, MILWAUKEE & ST. PAUL. said railway track; and shall at its own expense, maintain such crossing and the planking and sidewalks thereof in like good condition, as long as such railway track shall there remain. city. SEC. 3. Said railway company shall hold the City of Minneapolis Indemnity of harmless from any and all damage occasioned by reason of the con- struction and maintenance of said railway track across said avenue. All Damages, such damages, if any there be, shall be adjusted and paid by said rail- justed and way company, and said company shall assume the defense of any and paid. all suits brought for the recovery of the same, intervening therein, if necessary, for such purpose, and will wholly relieve said City of Min- neapolis from defending the same, and shall assume and pay all judg- ments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke Right to the permission and authority hereby granted whenever, in the opinion reserved. of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said railway track should be removed from said avenue, and the City Council is hereby made the sole judge of such necessity. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Operate Two Spur Tracks Across East Lake Street, in the City of Minneapolis. Maintenance of crossings, etc. (Passed Nov. 14, 1902. Approved Nov. 15, 1902. Published Nov. 19, 1902, in The Minneapolis Tribune, 28 C. P. 562.) Suits, com- pany to de- judgments. fend, and pay SEC. 5. Before this ordinance shall be in force or effect, the said railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agreeing Agreement. to perform all acts and things required and agreed to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from and To take after its publication and the acceptance thereof by said railway com- pany as herein provided. The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate two spur tracks across East Lake street, between Hiawatha and Minnehaha avenues, in the City of Minneapolis, for the purpose of connecting the main line tracks of said railway company with the grounds and works of the Minneapolis Steel & Ma- chinery Company, the said two spur tracks to be situated east of and adjacent to the main line tracks of said railway company as now exist- ing at said location, and to be between said main line tracks of said Council sole judge of necessity. Acceptance. May main- tain two spur tracks. Lake St. Location. 458 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Drains. Cars not to obstruct street. Right to construct sewers, etc.. reserved. Additional cost, how paid. Roadway and side- walks, how restored. SEC. 2. At such crossing of said street, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the street between the curb lines, and conforming each side- walk to the width and lines of its continuations in each direction from said spur tracks, and shall at its own expense maintain such crossing of crossings, and the planking and sidewalks thereof in like good condition as long Maintenance etc. as such spur tracks shall there remain. Indemnity of city. Right to revoke reserved. Damages, how ad- justed and paid. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the con- struction and maintenance of such spur tracks across said street. All such damages, if any there be, shall be adjusted and paid by said rail- way company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if fend, and pay necessary, for such purpose, and will wholly relieve said City of Min- Suits, com- pany to de- judgments. Council sole judge of necessity. Acceptance of ordinance. Agreement. CHICAGO, MILWAUKEE & ST. PAUL. railway company and Minnehaha avenue; provided, that said railway company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur tracks as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said Lake street so as in any manner to obstruct the same; and To take effect. Provided further, that the City of Minneapolis and the City Coun- cil thereof, reserve the right to excavate in said street, at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said rail- way company shall pay the increased or additional cost of making ex- cavations for such purposes, if any, by reason of the existence of said spur tracks upon said street. - neapolis from defending the same, and shall assume and pay all judg- ments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said spur tracks should be removed from said street, and the City Council is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect the said railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the publication of this ordi- nance, consenting to the terms and conditions thereof, and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 459 CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate an Additional Track Across Twelfth Avenue South, in the City of Minneapolis. (Passed Dec. 26, 1902. Approved Dec. 27, 1902. Published Dec. 31, 1902, in The Minneapolis Tribune, 28 C. P. 600.) The City Council of the City of Minneapolis do ordain as follows: addi- tional track. Across Twelfth Location. SECTION 1. That permission and authority are hereby granted May main- unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate an additional track across Twelfth avenue south in the City of Minneapolis, which said additional track will leave Ave. S. the most westerly track of said company at a point about twelve (12) feet northwesterly from the northwesterly side line of said Twelfth avenue south, thence crossing said avenue in a southeasterly direction to a connection with the east bound main track of said company, sub- stantially as shown by the yellow shade represented upon a blue print map identified by the signatures of G. W. Sublette and F. W. Root, map. filed in the office of the City Engineer, of said city on the 12th day of December, 1902; Blue print Provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such railway track as said City Engineer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and Provided further, that the City of Minneapolis and the City Coun- cil thereof, reserve the right to excavate in said avenue at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said rail- way company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said additional track upon said avenue. SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking or paving the roadway when ordered by the City Council the whole width of the street between the curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said railway track, and shall at its own expense maintain such crossing and the planking and side- walks thereof in like good condition so long as such additional track shall there remain. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the con- struction and maintenance of such additional track across said avenue. All such damages, if any there be, shall be adjusted and paid by said railway company, and said company shall assume the defense of any Drains, etc. Cars not to obstruct avenue. Right to construct reserved. sewers, etc., Additional by company. cost, paid Roadway walks, how restored. Planking, etc. Maintenance etc. of crossing, Indemnity of city. Damages, justed and how paid. 460 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL. Suits, com- pany to de- and all suits brought for the recovery of the same, intervening therein. fend, and pay if necessary, for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. Jud judgments. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said additional track should be re- moved from said avenue, and the City Council is hereby made the sole judge of such necessity. Right to revoke reserved. Council sole judge of necessity. Acceptance SEC. 5. Before this ordinance shall be in force or effect the said of ordinance. railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days after the publication of this ordi- nance, consenting to the terms and conditions thereof, and agreeing to perform all acts and things required and agreed to be done by said Railway Company. Agreement. To take effect. May main- tain one track. Across Third Ave. S. Location. Blue print map. Drains, etc. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate One Certain Railway Track Upon and Across Third Avenue South, in the City of Minneapolis. (Passed March 13, 1903. Approved March 14, 1903. Published March 18, 1903, in The Minneapolis Tribune, 29 C. P. 118.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company, to con- struct, maintain and operate one certain railway track upon and across Third avenue south, in the City of Minneapolis, at the present grade of said avenue; the center line of which track shall enter the south- easterly side line of said avenue at a point about two (2) feet south- westerly from the northwesterly corner of Lot one (1), in Block eighteen (18), of the Original Town of Minneapolis, and run north- westwardly across said avenue, to a point in the southwesterly side line of said avenue about two (2) feet northeasterly from the southeasterly corner of Lot six (6), in Block nineteen (19) in said Original Town of Minneapolis, substantially as shown upon a blue print map identified by the signatures of Andrew Rinker and F. W. Root, filed in the office of the City Engineer of said city on the 13th day of March, 1903. Provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such railway track, as said City RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 461 CHICAGO, MILWAUKEE & ST. PAUL. not to Engineer shall deem necessary and direct; and said railway company Catruct shall not permit its cars to be left standing upon said avenue so as in any manner to obstruct the same; and Right to etc., re- make sewers, served. Provided further, that the City of Minneapolis and the City Coun- cil thereof reserve the right to excavate in said avenue at any and all times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said rail- way company shall pay the increased or additional cost of making ex- cavations for such purposes, if any, by reason of the existence of said paid. railway track upon said avenue. Additional cost, how SEC. 2. At such crossing of said avenue said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction' from said railway track; and shall, at its own expense, maintain such crossing Maintenance and the planking and sidewalks thereof in like good condition, as long etc. as such railway track shall there remain. of crossing, SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said railway track should be removed from said avenue, and the City Council of said city is hereby made the sole judge of such necessity. Roadway walks, how and side- restored. SEC. 3. Said railway company shall hold the City of Minneapolis Indemnity harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway track across said avenue. All such damages, if any there be, shall be adjusted and paid by said railway company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening there- in, if necessary, for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. how ad- Damages, justed and paid. Suits, com- fend, and pay judgments. Rights to revoke reserved. council sole judge of necessity. Acceptance SEC. 5. Before this ordinance shall be in force or effect the said railway company shall accept the same by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agree- Agreement. ing to perform all acts and things required and agreed to be done by said railway company. of SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company, as herein provided. effect. 462 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain one side track. Across Twenty- eight St. S. Location. Blue print map. Drains, etc. Cars not to obstruct street. Additional cost, how paid. Roadway and side- walks, how restored. - Indemnity of city. Damages, how ad- justed and paid. Suits com- pany to de- fend, and pay judgments. CHICAGO, MILWAUKEE & ST. PAUL. Right to Provided further, that the City of Minneapolis and the City Coun- make sewers, cil thereof reserve the right to excavate in said street at any and all etc., re- served. times, for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said rail- way company shall pay the increased or additional cost of making excavations for such purposes, if any, by reason of the existence of said railway track upon said street. SEC. 2. At such crossing of said street said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the street between curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said Maintenance railway track; and shall, at its own expense, maintain such crossing and the planking and sidewalks thereof, in like good condition, as long as such railway track shall there remain. of crossing, etc. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction and maintenance of said railway track across said street. All such damages, if any there be, shall be adjusted and paid by said railway company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purpose, and will wholly relieve said City of Min- HICAGO, CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate a Sidetrack Across Twenty-eighth Street South, in the City of Minneapolis. (Passed Nov. 13, 1903. Approved Nov. 14, 1903. Published Nov. 17, 1903, in The Daily Times, 29 C. P. 614.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate one certain side track upon and across Twenty-eighth street .south, in the City of Minneapolis, at the present grade of said street; the center line of which side track shall cross said street parallel to and fifteen (15) feet southeasterly at right angles from the center line of the main track of the Hastings & Dakota di- vision of said railway company as now laid and operated across said street; substantially as shown upon a blue print map identified by the signatures of Andrew Rinker and F. W. Root, filed in the office of the City Engineer of said city on the 7th day of October, 1903. Provided, that said railway company shall construct and main- tain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such side track, as said City Engi- neer shall deem necessary and direct; and said railway company shall not permit its cars to be left standing upon said street so as in any manner to obstruct the same; and C RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 463 CHICAGO, MILWAUKEE & ST. PAUL. neapolis from defending the same, and shall assume and pay all judg- ments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said railway track should be removed from said street, and the City Council of said city is hereby made the sole Council sole judge of such necessity. judge of necessity. Right to revoke reserved. SEC. 5. Before this ordinance shall be in force or effect, the said railway company shall accept the same by filing with the Clerk of the of ordinance. City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agree- Agreement. ing to perform all acts and things required and agreed to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company, as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate One Certain Railway Track Across Dupont Avenue and Upon and Along Twenty-ninth Street, in the City of Minne- apolis. (Passed March 11, 1904. Approved March 16, 1904. Published March 19, 1904, in The Daily Times, 30 C. P. 90.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate one certain railway track across Dupont avenue south and upon and along Twenty-ninth street east, in the City of Minneapolis, at the present grade of said avenue and street; the center line of which track shall enter said Twenty-ninth street at a point in the north side line thereof about one hundred and ninety-eight (198) feet east measured along said north side line, from the east side line of Emerson avenue south, produced north, and shall extend thence southeasterly and easterly across said Dupont avenue south and upon and along said Twenty-ninth street east, a distance of about two hundred and seventy (270) feet, to a point in the westerly alley line of Block twenty (20) of Windom's Addition, produced north, about six (6) feet north from the south side line of said Twenty-ninth street; substantially as shown upon a blue print map identified by the signa- Blue print tures of Andrew Rinker and Landers-Morrison-Christenson Company, filed in the office of the City Engineer of said city on the 8th day of February, 1904. map. one Across Du- May main- track. pont Ave. S. And on ninth St. E. Twenty- Location. Dupont Twenty- ninth St. E. 464 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Drains, etc. Right to excavate, etc reserved. Additional cost, how paid. Roadway and side- walks, how restored. Indemnity of city. SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said Maintenance railway track; and shall, at its own expense, maintain such crossing and the planking and sidewalks thereof in like good condition as long as such railway track shall there remain. of crossing, etc. Damages, how ad- justed and paid. Right to revoke reserved. Council sole judge of necessity. Acceptance of ordinance. Agreement. CHICAGO, MILWAUKEE & ST. PAUL. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by the reason of the construction and maintenance of said railway track as aforesaid. All such damages, if any there be, shall be adjusted and paid by said rail- way company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purpose, and will wholly relieve said City of Min- fend and pay neapolis from defending the same, and shall assume and pay all judg- Suits, com- pany judgments. ments recovered therein. To take effect. Provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such track as said City Engineer shåll deem necessary and direct; and Provided further, that the City of Minneapolis and the City Coun- cil thereof reserve the right to excavate in said avenue and street or either thereof at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or ad- ditional cost of making excavations for such purposes, if any, by reason of the existence of said railway track upon said avenue and street. C SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said railway track should be removed from said avenue and street, and the City Council of said city is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect, said rail- way company shall accept the same, by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers within thirty days from the publication of this ordinance, con- senting to the terms and conditions thereof, and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 465 CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate Certain Railway Tracks Across Fourth Street South and Eleventh Avenue South, in the City of Minneapolis. (Passed May 13, 1904. Approved May 18, 1904. Published May 24, 1904, in The Daily Times, 30 C. P. 264.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate two certain railway tracks across Fourth street south, in the City of Minneapolis, and two certain railway tracks across Eleventh avenue south, in said city, at the present grade of said street and avenue; the first two of which tracks shall enter said Fourth street south near the southeast corner of Lot eight (8), in Block one hundred twenty-one (121), of the Town of Minneapolis, and shall extend in a northwesterly direction across said street, to a point in the northeasterly side line thereof near to the southeast corner of Lot two (2), in Block one hundred twenty-two (122), of said Town of Min- neapolis; and the other two of which tracks shall enter said Eleventh Eleventh avenue south at a point in the southeasterly side line thereof, distant about eighty (80) feet, northeastwardly, measured along the side line last mentioned, from the southwest corner of said Block one hundred and twenty-two (122), and shall extend thence northwestwardly across said avenue, to a point in the northwesterly side line thereof, distant about one hundred twenty-five (125) feet northeasterly, measured along the northwesterly side line thereof, from the southeast corner of Block one hundred five (105), of said Town of Minneapolis, as shown upon a blue print map, identified by the signatures of Andrew Rinker and M. D. Rhame, filed in the office of the City Engineer of map. said city on the 8th day of April, 1904. Ave. S. • Blue print Provided, that said railway company shall construct and maintain, Drains, etc. in proper condition, under the direction of the City Engineer, such drain, or drains, in connection with such tracks as said City Engineer shall deem necessary and direct; and excavate, etc., re- served. Provided further, that the City of Minneapolis and the City Coun- Right to cil thereof reserve the right to excavate in said street and avenue, or either thereof, at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or ad- ditional cost of making excavations for such purposes, if any, by reason of the existence of said railway tracks upon said street and avenue. SEC. 2. At such crossing of said street and avenue, respectively, said railway company shall, at its own expense, promptly restore the roadway and the sidewalks to a good and safe condition, planking the roadway the whole width of such street and avenue, respectively, be- tween curb lines, and conforming each sidewalk to the width and lines of its continuations in each direction from said railway tracks; and May main- tracks. two Across Fourth St. S. Two tracks across Elev- enth Ave. S. Fourth St. S. Location. Additional cost, how paid. Roadway and side- restored. walk, how 466 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. CHICAGO, MILWAUKEE & ST. PAUL. Maintenance shall, at its own expense, maintain such crossings and the planking and sidewalks thereof in like good condition as long as such railway tracks shall there remain. of crossings, etc. Indemnity of city. Damages, how ad- justed and paid. Suits, com- pany to de- fend, and pay judgments. Right to revoke reserved. Council sole judge of necessity. Acceptance of ordinance. Agreement To take effect. S May main- tain one track. Across Bryant Ave. S. Location. Blue print map. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway tracks as aforesaid. All such damages, if any there be, shall be adjusted and paid by said rail- way company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purposes, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted, whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said railway tracks should be removed. from said street and avenue, and the City Council of said City is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect, said rail- way company shall accept the same, by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agree- ing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway company as herein provided. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate One Certain Railway Track Across Bryant Avenue South, in the City of Minneapolis. (Passed May 27, 1904. Approved June 2, 1904. Published June 7, 1904, in The Daily Times, 30 C. P. 298.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That, at the request and for the accommodation of the North Western Fuel Company, permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate one certain railway track upon and across Bryant avenue south, in the City of Minneapolis, at the present grade of said avenue; the center line of which track, across said avenue, shall run and be parallel to and distant fifteen (15) feet northwardly at right angles from the center line of the main track of the Hastings & Dakota Division of said railway company as now there laid and operated; substantially as shown upon a blue print map identified by RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 467 CHICAGO, MILWAUKEE & ST. PAUL. the signatures of Andrew Rinker and the North Western Fuel Com- pany, filed in the office of the City Engineer of said city on the 13th day of May, 1904. Provided, that said railway company shall construct and maintain, in proper condition, under the direction of the City Engineer, such drain or drains, in connection with such track as said City Engineer Drains, etc. shall deem necessary and direct; and Provided further, that the City of Minneapolis and the City Coun- cil thereof reserve the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making Additional excavations for such purposes, if any, by reason of the existence of cost, how said railway track upon said avenue. paid. Right to excavate, etc.. reserved. SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between curb lines, and conforming each side- walk to the width and lines of its continuations in each direction, from said railway track; and shall, at its own expense, maintain such cross- Maintenance ing and the planking and sidewalks thereof in like good condition as long as such railway track shall there remain. of crossing, etc. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany as herein provided. and side- Roadway walks, how restored. Planking. of city. SEC. 3. Said railway company shall hold the City of Minneapolis Indemnity harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway track as aforesaid. All such damages, if any there be, shall be adjusted and paid by said tail- way company, and said railway company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said railway tracks should be removed from said avenue, and the City Council of said city is hereby made Council sole judge of the sole judge of such necessity. necessity. how ad- Damages, justed and paid. Suits. com- pany to de- judgments. fend, and pay Right to reserved. revoke of ordinance. SEC. 5. Before this ordinance shall be in force or effect, said Acceptance railway company shall accept the same, by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers within thirty (30) days from the publication of this ordinance, consenting to the terms and conditions thereof, and agreeing Agreement. to perform all acts and things required and agreed to be done by said railway company. To take effect. 468 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Permission to maintain one track. Blue print map. Drains. The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That at the request and for the accommodation of the Cornplanter Oil Company, permission and authority are hereby granted unto the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate one certain railway track across Third Third Ave. S. avenue south, in the City of Minneapolis, at the present grade of A cross Location. said avenue, the center line of which track shall be parallel to and distant about ten (10) feet south from the north side line of the right of way of said railway company; substantially as shown upon a blue print map identified by the signatures of Andrew Rinker and F. W. Root, filed in the office of the City Engineer of said city on the 23d day of November, 1904. Provided, that said railway company shall construct and main- tain, in proper condition, under the direction of the City Engineer such drain or drains, in connection with such track as said City Engineer shall deem necessary and direct; and Provided further, that the City of Minneapolis and the City Coun- cil thereof reserve the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excava- tions for such purposes, if any, by reason of the existence of said railway track upon said avenue. Right to excavate, etc.. reserved. Additional cost, how paid. Roadway and side- walks, how restored. Planking. Maintenance of crossing, etc. Indemnity of city. Damages, how ad- justed and paid. - Suits, com- pany to de- fend, and pay judgments. CHICAGO, MILWAUKEE & ST. PAUL. CHICAGO, MILWAUKEE & ST. PAUL. An Ordinance Granting to the Chicago, Milwaukee & St. Paul Railway Company Permission to Construct, Maintain and Op- erate One Certain Railway Track Across Third Avenue South, in the City of Minneapolis. (Passed Dec. 23, 1904. Approved Dec. 27, 1904. Published Dec. 30, 1904, in The Daily Legal News, 30 C. P. 697.) SEC. 2. At such crossing of said avenue, said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between curb lines, and conforming each sidewalk to the width and lines of its continuation in each direction from said railway track; and shall at its own expense, maintain such crossing and the planking and sidewalks thereof in like good condition as long as such railway track shall there remain. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway track as aforesaid. All such damages, if any there be, shall be adjusted and paid by said railway company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if neces- sary, for such purpose, and will wholly relieve said City of Minneapolis. from defending the same, and shall assume and pay all judgments recovered therein. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 469 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA, revoke reserved. SEC. 4. The City Council hereby reserves the right to revoke Right to the permission and authority hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City. of Minneapolis demand that said railway track should be removed from said avenue, and the City Council of said city is hereby made the sole judge of such necessity. Acceptance SEC. 5. Before this ordinance shall be in force or effect, said rail- way company shall accept the same, by filing with the Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the publication of this ordi- of ordinance. nance, consenting to the terms and conditions thereof, and agreeing Agreement. to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway effect. company as herein provided. judge of Council sole necessity. (Passed June 20, 1881 nance Records; 7. C. P. 98.) CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting to The Chicago, St. Paul, Minneapolis and Omaha Railway Company the Right to Cross Certain Avenues With Its Railway Tracks; and also to Temporarily Construct and Use for Railway Purposes Its Railway Tracks Upon and Along a Part of River Street, in the City of Minneapolis. Approved June 27, 1881. P. 249 Ordi- The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to The Chicago, St. Paul, Minneapolis and Omaha Railway Company, its successors and as- signs the right to construct, maintain and use for railway purposes one track of its railway, across Third avenue north, and two or more tracks across Fourth avenue north and Fifth avenue north in the City of Minneapolis; but such tracks shall cross said avenues at points north- east of a line running through the centers of blocks number seven (7), eight (8), and nine (9), of Minneapolis, as platted; and said railway company, its successors and assigns shall keep the traveled portion of Third and Fourth avenues north where the same shall be crossed by such tracks well planked between its tracks, and between the rails of each of its tracks, and in good condition for the crossing of teams; and shall not permit its cars to be left standing upon the crossing Cars not to of either of the two avenues last above named. stand on crossing. SEC. 2. There is hereby granted to the Chicago, St. Paul, Minne- apolis & Omaha Railway Company, its successors and assigns, tempo- rarily and until the City Council of the City of Minneapolis shall other- wise ordain, the right to construct, maintain and use for railway pur- poses its railway tracks upon and along that portion of River street, in the City of Minneapolis passing through and between lands owned Two or more tracks across Fourth and Fifth Aves. N. Location. Block 7, 8, 9, Center of Minneapolis. Crossings. Planking, etc. Temporary tracks on River street. 470 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Number. Condition of grant. Council may revoke, etc. Rights to terminate, when. No rights vested. Cars not to stand on street. Rights of company, how af- fected. Rights temporary. Council may determine same. Acceptance of ordinance. Where filed. To take effect. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. by said company, or occupied by it for railway purposes, and lying between Bassett's Creek and the line of the St. Paul, Minneapolis & Mantoba Railway, to such number as said company may deem neces- sary or convenient. SEC. 3. The grant made in the foregoing second section of this ordinance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself, the right at any time hereafter to amend, change or repeal said second section of this ordinance, or modify the same as it may deem advisable; and that upon any such amendment, change or repeal all rights of the Chicago, St. Paul, Minneapolis & Omaha Railway Company upon said River street under or by virtue of said second section of this ordinance shall cease and determine, except so far as such rights may be continued by the ordinance which makes such amendment, change or repeal; and no use or occupancy of said River street by said last named com- pany, under the said second section of this ordinance shall have the effect, or be in any way construed to have the effect of passing to, or vesting in such company any permanent right to use, occupy or keep or maintain railroad tracks in said River street; or to do so any longer than such permission shall be continued by said City Council. And this temporary grant is made upon the further condition that nothing therein shall be construed as granting to such company the right to leave cars standing upon its tracks upon said River street between the continuation towards the Mississippi river of the boundary lines of Fourth avenue north across said River street, or to otherwise im- properly obstruct the crossing of said river street by said Fourth avenue north. SEC. 4. It is the true intention and meaning of the second and third sections of this ordinance, that neither the rights of said city nor of said company are to be in any way permanently changed, added to nor diminished by virtue of the said second and third sections of this ordinance; but that the rights granted by said second section are, and are intended to be merely temporary, and as matter of con- venience to stand until in the judgment of the City Council of said city the interests of said city in view of the development of railroads, shall require, or render advisable some change. And no rights granted to said company by said second section shall vest in said company until it shall execute and file with the City Clerk of said city, an in- strument in writing approved by the Mayor of said city accepting the terms of this ordinance and agreeing to abide by its terms and con- ditions. SEC. 5. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 471 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting the Right to the Chicago, St. Paul, Min- neapolis and Omaha Railway Company to Construct and Op- erate and Maintain One or More Railway Tracks in the Alleys in Blocks Six (6), and Seven (7), and Across Fifth and Sixth avenues North, in Minneapolis. (Passed Aug. 15, 1883. Approved Aug. 24, 1883. 9 C. P. 197.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Chicago, St. Paul, Minneapolis & Omaha Railway Company, its successors and assigns, be and hereby are granted the right to construct and operate and maintain one or more railway tracks, with all necessary switches and turnouts, over, along and across the alleys running through Blocks six (6) and seven (7), in the original plat of Minneapolis (now City of Minneapolis) and across Fifth avenue north, and Sixth avenue north, in said city over a space the same width of said alleys, between the respective lines of the sides of said alleys, if said respective lines of said alleys were ex- tended across said avenues. SEC. 2. The City Council hereby reserves the right, at any time, to declare this ordinance null and void whenever, in the opinion of said City Council, it shall deem it for the best interests of the city so to do. May main- tain one or more tracks. Location. Alleys in Blocks 6 and apolis. Sixth 7, Minne- Fifth Ave. N. Ave. N. Provided, that said railway company nor its successors or assigns shall ever leave cars or engines standing on said avenues or either of them, in such manner as to obstruct public travel along the same, when the same shall be kept open for public travel, or shall be ordered by the City Council of the City of Minneapolis to be kept open for travel. And provided, further, that the City Council hereby reserves the right at any time to direct that the space between the rails of said Planking. tracks, and the space between said tracks, and also a space of at least eighteen inches outside of the outer rails of said tracks be planked by said railway company. The city also reserving the right to ex- cavate under the said tracks in said alleys at any and all times for the purposes of construction of sewers and laying of water mains and gas. mains or pipes therein. obstruct Cars not to public travel, etc. Public im- provements. Council may ordinance. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. 472 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain two tracks. Location. Alleys in Blocks 8 and 9. Minne- apolis. Fourth Ave. N. Cars not to obstruct alleys, etc. Planking. Repair of planking. City may make public improve- ments, etc. Company to protect tracks. Side tracks for other parties. Council may require same. I CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting the Right to the Chicago, St. Paul, Min- neapolis and Omaha Railway Company to Construct, Op- erate and Maintain Two (2) Railway Tracks in the Alleys in Block Eight (8), and That Part of the Alley in Block Nine (9), Original Plat of Minneapolis, Abutting on Lots One (1) and Two (2) of Said Block Nine (9) and Across Fourth Avenue North, in Minneapolis. (Passed May 6, 1885. Approved May 12, 1885. 11 C. P. 61.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Chicago, St. Paul, Minneapolis & Omaha Railway Company, its successors and assigns, be and hereby are granted the right to construct, operate and maintain two (2) railway tracks with all necessary switches and turnouts upon, along and across the alleys running through Block eight (8) and through that part of Block nine (9) which abuts on Lots one (1) and two (2) of Block nine (9), in Minneapolis (now City of Minneapolis) and across Fourth avenue. north of said city upon a space the same width of said alleys between the respective lines of the sides of said alleys, if said respective lines of said alleys were extended across said avenue. Provided that neither said railway company nor its successors or assigns shall ever use said tracks or. either of them for storage purposes or shall ever leave cars or engines standing on said alleys nor on said avenue, or either of them, in such manner as to obstruct public travel along the same, except as in this ordinance permitted. "Provided further, that said railway company, its successors or assigns, shall at once plank or cause to be planked, as soon as said tracks shall be built in said alley, the space across and between the rails of its said tracks, and also a space of at least eighteen (18) inches outside of the outer rails of said tracks, and so maintain or cause to be maintained such planking in good and sound condition as long as such tracks shall be kept laid in said alley." The city also reserves the right to excavate under said tracks in said alleys and in said avenue at any and all times for the purpose of constructing sewers and laying water mains and gas mains and pipes. thereunder, and whenever said city shall so desire to excavate under said tracks, said railway company shall prop up and protect their tracks from falling and injury by reason of any excavation done by or under the authority of said city. And provided further, that whenever the City Council shall require said railway company, its successors or assigns, to put in any sidetrack from any of said tracks onto any lot or lots abutting thereon, provided the right of way shall be furnished free to said railway company during the continuance of said tracks on said lot or lots, the said railway company shall construct the same within thirty days after said City Council shall so require said railway company to so put in said tracks into said abutting lot or lots, and shall operate said sidetracks for the exclusive benefit of the owners of the property over which the same may run; and provided further, that said railway company shall not leave standing anywhere on said alleys. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 473 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA, AND ST. PAUL & NORTHERN PACIFIC. and on said avenue, any car, cars, engine or engines, longer than shall be necessary in passing the same over said alleys, or in loading and unloading the same, nor near any lot or lots abutting said alleys, the design being to hereby grant the right to said railway company, its successors and assigns to so lay said railway tracks and operate the same, for the purpose only of passing and repassing cars, engines and trains over the same and doing the business arising along said alley, but not for using the same for standing cars, trains or engines upon the same. Nothing in this ordinance contained shall be construed as a limita- tion or prohibition of the right of the abutting property owners to keep cars standing in front of their respective property while said cars are being loaded or unloaded. SEC. 2. The city council hereby reserves the right, at any time, to declare this ordinance null and void whenever, in the opinion of said city council, it shall deem it for the best interests of the said city so to do, and to repeal the same, and the repeal of the same shall revoke all license to so build, operate and maintain said tracks, or any of them, granted hereby. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA AND ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to The Chicago, St. Paul, Minneapolis and Omaha Railway Company and to the St. Paul & Northern Pacific Railway Company a Right of Way Upon and Across First Street North, in the City of Minneapolis, for a Switching Track. (Passed June 15, 1888. Approved July 7, 1888, 14 C. P. 125. As amended Dec. 9, 1889, 15 C. P. 690a.) Cars stand- ing on al- leys, etc. Design of grant. Rights of owners. abutting SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. Council may annul grant. Effect of repeal. main- The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Chicago, St. Paul, Minneapolis & Omaha Rail- tain track. way Company and the St. Paul & Northern Pacific Railway Company, their successors and assigns, are hereby authorized to construct and maintain a railroad track upon and across First street north in the City of Minneapolis from the grounds of said Chicago, St. Paul, Min- neapolis & Omaha Railway Company, in Block thirty-eight (38) of Bassett, Moore & Case's Addition to Minneapolis, to the grounds of the said St. Paul & Northern Pacific Railway Company in Block four (4) of said Bassett, Moore & Case's Addition to Minneapolis, for the purpose of switching cars to and from the line of railway of said For Chicago, St. Paul, Minneapolis & Omaha Railway Company and the line of railway of said St. Paul & Northern Pacific Railway Company. And said companies, their successors and assigns, are hereby fur- ther authorized to construct and maintain said track upon the grade of said street as now established, and also to use and operate such track when constructed with cars and engines in the usual manner. switching. Location. First St. N. E track and Grade of street. Operation. 474 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Public im- provements. City not liable for damages. Company to aid and pro- tect track. Company to plank cross- ing, etc. Paving, etc. Track to conform to grade, etc. Flagman at crossing. Precautions for public safety. Switching. When done. Conditions of grant. Company to conform to ordinance. Council may impose other conditions. Removal of track. Bridge, when. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA, AND ST. PAUL & NORTHERN PACIFIC. SEC. 2. The City of Minneapolis reserves the right to enter upon that portion of said street, upon which said railroad track shall be con- structed, and make such excavations and do such other work thereon as may be necessary and convenient in the construction and repair of sewers, gutters, water mains, gas pipes or other work or improve- ment of a public character, and said city shall not be liable therein to any claim for damages because thereof, and said railway companies, their successors and assigns, shall offer all aid and facilities to said city in doing such work, and protect their said track during such work, and relay their track at their own expense, if removed by such works, when the works are completed from time to time. SEC. 3. Said railway companies, their successors and assigns, shall always keep and maintain that portion of said street upon which its said track shall be constructed in good condition for public travel, and shall keep the same planked, paved and macadamized, or other- wise in such condition as said City Council may order from time to time. Such planking, paving and macadamizing or other improve- ment shall cover the whole space occupied by such track, including the space between the rails of said track and such distances outside of the rails as the City Council may order. And said railway companies, their successors and assigns, shall always conform the said track, at their own expense, to the grade of said street, as such grade is or may hereafter be changed by the City Council of said city. And said railway companies, their successors and assigns, shall also maintain at the crossing of said railway track over said street a flagman, to protect the travelers along said street, which said track shall be used for the switching of cars, and shall adopt all other pre- cautions touching the public safety, as may be required in the future by said City Council. Provided, that all switching shall be done be- tween the hours of 8 p. m. and 6 a. m., excepting switching of cars loaded with live stock, going to or coming from the yards and pack- ing houses of the Minneapolis Stock Yards and Packing Company, which cars may be switched at any time during the day or night. (As amended Dec. 9, 1889, 15 C. P. 690a.) SEC. 4. The aforesaid grant of right of way to said railway companies, their successors and assigns, is made upon the express con- dition that said companies, their successors and assigns, shall always in all things conform to the provisions of this ordinance, and shall do and perform all things whatever which are in this ordinance stated or provided for to be done or performed on their part faithfully and promptly. And said grant is made upon the express condition also that said Council shall and may at any time in the future, when in its judgment it shall be for the interests of said City and for the public safety to do so, impose any other conditions upon the use of said track across said street, which it may think best, or it may order the removal of said track or require said railway companies, as a condition for the maintenance of said track, to build a bridge with suitable supports over said track or make a viaduct for the travel along said street un- der said track. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 475 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. charge. SEC. 5. Said grant of said right of way over said street is made Freight cars. upon the further condition that all cars containing freight belonging without to the City of Minneapolis or intended for use in any of the public works of said city, which it may be necessary to transfer from the line of railway of said Chicago, St. Paul, Minneapolis & Omaha Rail- way to the St. Paul & Northern Pacific Railway Company, or vice versa, shall be transferred over said connecting track without any charge therefor. SEC. 6. The City of Minneapolis in no wise warrants any of Grant not the rights or privileges herein granted or which are intended to be herein granted and it is not to be subjected to any claim for damages on account of any matters herein contained. SEC. 7. This ordinance shall take effect and be in force from To take and after its publication. effect. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting to the Chicago, St. Paul, Minneapolis & Omaha Railway Company the Right to Construct, Maintain and Operate for Switching Purposes, Railroad Tracks Over and Across Certain Streets in the Second Ward of the City of Minneapolis. (Passed Jany. 31, 1890. Approved Feb. 1, 1890. Published Feb. 4, 1890, in the Minneapolis Tribune, 16 C. P. 62. As amended March 1, 1890, 16 C. P. 105.) The City Council of the City of Minneapolis do ordain as follows: May main- SECTION I. That permission and authority is hereby granted tain one or unto the Chicago, St. Paul, Minneapolis & Omaha Railway Company, more tracks. its successors and assigns, to build, construct and forever maintain and operate its railroad with one or more tracks, in the City of Min- neapolis, across, over and along and upon the following named streets Location. and avenues in said Second ward of said City of Minneapolis, to-wit: Twenty-fourth (24th) avenue southeast; Twenty-third (23rd) avenue southeast; Chambers street, and Twenty-two and one-half (222) ave- nue southeast; and the alleys between the said streets, and also the alley across block Thirty-eight (38), Guerney Park Addition; but said tracks shall not be so built, constructed, maintained or operated across, over, along or upon any portion of said streets, alleys and avenues that are east of the westerly line of Twenty-fifth avenue south- east, or south of the northerly line of the right of way of the St. Paul, Minneapolis & Manitoba Railway Company; or north of the northerly line of Lot 12, in Block 25, produced to the easterly line of Twenty- third (23d) avenue; or north of the southerly line of Block Twenty- six (26) between Twenty-third (23d) and Twenty-fourth (24th) ave- nue, or north of the north line of Lot ten (10) in Block Thirty-eight (38), produced easterly to the westerly line of Twenty-fifth (25th) avenue southeast. (As amended March 1, 1890, 16 C. P. 105.) Twenty- SE. fourth Ave. Twenty- third Ave. SE Chambers St. and-one-half Twenty-two- are one. Alley in Block 38, Guerney where not to be con- structed. 476 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Conditions of grant. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. Company to maintain SEC. 2. The permission and authority herein granted in section I of this Ordinance is upon the following conditions, to-wit: First-That said railway company, its successors and assigns, shall crossings, etc always keep and maintain that portion of every street and alley upon or across which said tracks shall be constructed, which shall be at the grade of said streets, in good condition for public travel, as the City Council may from time to time direct. Extent of maintenance. Conformity to regula- tions for public safety. Indemnity of city. Right to make public improve- ments re- served. City not liable for damages. Company to aid and pro- tect tracks. Relaying tracks, And they shall upon notice of the commencement of any suit fend, and pay against said city for any such neglect, defend such suit, and pay and Suit's, com- to de- judgments. satisfy all judgments against the city therefor. SEC. 3. The City of Minneapolis hereby reserves for itself or any person having the right to do so, the right to enter upon all por- tions of said streets and avenues upon or over which said railway tracks shall be constructed, and to make thereon such excavations, and to do such other work thereon as may be necessary in the con- struction and repair of sewers, gutters, water mains, gas pipes, and other works of a public character, without being liable to any claim for damages therefor. Right to open streets, etc., across tracks re- served. Acceptance of ordinance. Filing same. Agreement. The portion of the streets and alleys to be kept and maintained by the said railway company, its successors and assigns, shall include all the space between its different tracks and the rails thereof, and also a space outside of the outside rail of each outside track at least fifteen inches in width. And the said railway company, its successors and assigns, shall also in operating said railway upon or across any streets and alleys. conform to all regulations which shall be made by the said City Council respecting the running of cars and engines applicable to other rail- roads in said city, and respecting the regulations touching the public safety, health and peace. And the said railway company, its successors and assigns, shall in- demnify and save harmless said city from all losses, claims or suits on account of the negligence of said company, its successors and assigns, or of any servant or employe thereof, in or about any matter or anything authorizing or allowed to be done hereby in said streets, or the per- formance of said work or any part thereof, whereby said city shall be put to any loss or claim for damages. And the said railway company, its successors and assigns, shall render all reasonable aid and facilities to said City and its employes. in performing said work, and shall at its own expense, protect, hold or prop up its own tracks and property, and relay said tracks at its own expense, when said work shall be completed from time to time. And the City of Minneapolis reserves the right to lay out, extend or maintain any street, alley or avenue across the tracks of said rail- way company, its successors or assigns, which the City Council may deem to be required by the public necessity. SEC. 4. Said railway company shall, within sixty days from the publication hereof, file with the City Clerk of said City, an instru- ment in writing, executed by its proper officers, accepting the pro- visions herein contained, and containing an agreement on the part of said railway company, its successors and assigns, to perform all the conditions of this ordinance, and upon default of filing such instru- ! RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 477 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. ment of acceptance, and failing so to do, this ordinance may be re- Repeal. pealed at any time. And shall file in the office of the City Engineer of said City a map or maps and profiles showing the exact location of said tracks, as the same shall be laid and operated. SEC. 5. This ordinance shall take effect and be in force from and after its publication. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance to Vacate Certain Portions of Fourteenth (14th), Fifteenth (15th), Sixteenth (16th) and Nineteenth (19th) Ave- nues North in the City of Minneapolis for the Use and Benefit of the Chicago, St. Paul, Minneapolis & Omaha Railway Company. (Passed Nov. 14, 1902. Approved Nov. 15, 1902. Published Nov. 19, 1902, in The Minneapolis Tribune, 28 C. P. 559.) The City Council of the City of Minneapolis do ordain as follows: certain SECTION I. All those portions of Fourteenth (14th), Fifteenth Vacation of (15th), Sixteenth (16th), and Nineteenth (19th) avenues north of streets. Bassett, Moore & Case's Addition to Minneapolis which lies between First street north and the Mississippi river are hereby vacated for the use and benefit of the Chicago, St. Paul, Minneapolis & Omaha Railway Company. Provided, however, and the vacation of said avenues above men- tioned is upon the express condition that the said railway company shall and does hereby agree to pay its proportionate share of any and all street improvements abutting its property now or hereafter owned by said company in Minneapolis, whether used for railway purposes or any other purpose, and any and all assessments now or hereafter levied and assessed on said property of said railway company for such street improvements. Condition thereof. Company to street im- pay for provements abutting all in Minne- its property apolis. what Telephone companies to be ad- mitted to grounds, company's etc. Provided, also, and the said vacation of said avenues above named is upon the express condition that the said railway company shall when requested by the City Council of the City of Minneapolis admit upon its grounds and into its depots all telephone companies doing business in the City of Minneapolis upon equal terms and conditions. And provided, further, and this ordinance is granted upon the express condition that whenever there is not a competing line from any point at which shipment is made to the City of Minneapolis over said Chicago, St. Paul, Minneapolis & Omaha Railway Company said railway company shall make such shipment at a rate and price not greater than it would if said shipment was made to St. Paul. A Failure to comply. failure to comply with this agreement shall render said railway com- Triple pany liable to triple damages to the party aggrieved. This agreement damages. shall be binding and in force as well against the successors and assigns Agreement of said Chicago, St. Paul, Minneapolis & Omaha Railway Company successors. as against said railway company itself. applies to non-compet- Rate from ing points to to st. Paul. be same as 478 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Acceptance of ordinance. Filing same. Agreement. Ordinance null and void, when. To take effect. May main- tain tracks. Location. Seventeenth Ave. N. Council may revoke grant, when. Removal of tracks. Council sole judge. Tracks to conform to changes in grade. Bridge on Seventeenth Ave. N. over Mississippi river, when. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA, SEC. 2. Before this ordinance shall take effect and be in force the said Chicago, St. Paul, Minneapolis & Omaha Railway Company shall accept the same by filing with the City Clerk of the City of Min- neapolis its written acceptance thereof executed by its proper officers within thirty (30) days from the passage of this ordinance consent- ing to the terms and conditions of this ordinance and agreeing to perform all acts and things required and agreed to be done by said railway company. A failure on the part of said railway company to file its accept- ance as above stated with the City Clerk as above provided within the time mentioned shall render this ordinance null and void and of no effect. SEC. 3. This ordinance shall be in force and take effect from and after its publication and acceptance thereof by the said railway company as herein provided. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting Permission to the Chicago, St. Paul, Min- neapolis & Omaha Railway Company to Maintain Railway Tracks on Seventeenth (17th) Avenue North, in the City of Minneapolis. (Passed Nov. 14, 1902. Approved Nov. 15, 1902. Published Nov. 19, 1902, in The Minneapolis Tribune, 28 C. P. 560.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority are hereby granted to the Chicago, St. Paul, Minneapolis & Omaha Railway Company, its suc- cessors and assigns, to construct, maintain and operate with locomo- tive engines, cars and trains of cars, railroads and railway lines. and tracks on that portion of Seventeenth avenue north of Bassett, Moore & Case's Addition to the City of Minneapolis, which lies be- tween First street north and the Mississippi river. And provided, further, and the City Council of the City of Min- neapolis hereby reserves the right to revoke the permission and au- thority hereby granted whenever in the opinion of this or any subse- quent council the public interests of the City of Minneapolis demand that the tracks be removed from said Seventeenth avenue north in the City of Minneapolis, and the City Council is hereby made the sole judge of such necessity. Provided, however, that the grade of all the tracks of said rail- way so laid across said Seventeenth avenue north shall be made to conform to any change which may hereafter be made in the grade of Seventeenth avenue north, between First street north and the Mis- sissippi river. Provided, however, and this permission and authority are given upon the express condition that whenever the City Council of the City of Minneapolis shall determine to construct a bridge over the Mississippi river on said Seventeenth avenue north said railway com- RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 479 CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA, abutments. pany, its successors and assigns shall separate the grade at the cross- ing of said railway tracks of said Seventeenth avenue north above mentioned, and build and construct either an over-head bridge across said tracks on said portion of said Seventeenth avenue north with a roadway thirty (30) feet wide in the clear, with sidewalks on each sidewalks. side eight feet wide in the clear, said bridge to be of iron or steel with stone abutments to be constructed on plans and specifications Stone prepared by the City Engineer of the City of Minneapolis; or said Plans, etc. railway company shall at the crossing of said railway tracks and Seventeenth avenue north above mentioned, construct and build a suitable viaduct to effect such separation beneath the tracks of said railway company to the full width of said Seventeenth avenue north, upon plans and specifications to be furnished by the City Engineer Plans, etc. of the City of Minneapolis, said bridge carrying said roadway over said tracks or said viaduct carrying the roadway beneath said tracks to be completed within one year from such time as the City Council of said city shall by resolution determine. Said bridge or viaduct to be used as the western approach to said bridge across said Mis- sissippi river. The sole cost and expense of said bridge or said viaduct constituting the western approach to said bridge across said Mississippi river including all suitable structures to effect such sepa- ration of grade with walls, foundations, approaches and everything connected therewith shall be borne by said railway company and at its sole cost and expense and under the immediate supervision of the City Engineer of the City of Minneapolis and to the entire satisfac- tion of said City Engineer, and to the entire satisfaction of the City Council of the City of Minneapolis, and said bridge or viaduct shall be forever maintained by said railway company. The City of Min- neapolis hereby reserves the right to enter upon all portions of said avenue upon or over which said railway tracks shall be constructed and make thereon such excavations and do such other work thereon as may be necessary in the construction and repair of sewers, gut- ters, water mains, gas pipes, or other work of public character with- out being liable therefor to any claim or damages, and said railway company, its successors or assigns shall afford all reasonable aid and facilities demanded by said city to support and protect its tracks in doing such work and relay such tracks at the expense of said rail- way company when such work shall be completed; provided, how- ever, that at least ten days' notice shall be given to the chief engi- neer of the railway company of the intention to do the work above named before commencing the same. Company to grade and separate build bridge over tracks, when. Or build viaduct. Completion, when. Bridge to be used as an approach. Costs, pay- menta by company. by company. Perpetual maintenance City may make public ments, etc. improve- liable for aid, pro- City not damages. Company to tect tracks. Relaying Notice of intention tracks. to do work. And the said railway company, its successors and assigns, shall at all times take every necessary precaution in the construction of its railway tracks upon and over said avenue and in the erection of said bridge over said tracks or in the construction of said viaduct under said tracks, and do other work in connection therewith to prevent accident or injury, and shall indemnify and save harmless said city Indemnity from all loss, claims or suits on account of the negligence of said of city. company, its successors or assigns, or any servant or employe there- of, in or about any matter or thing authorized or allowed or required of said company by any of the provisions of this ordinance to be done against acci- Precautions dents, etc. 480 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Suits. com- pany to de- fend, and pay judgments. No revoca- tion. when. Acceptance of ordinance. Filing same. Agreement. Ordinance void, when. To take effect. May main- tain three steel plate girder via- ducts over Plymouth Ave. Location. How constructed, ** Head room. Precautions against accidents. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. in said avenue, or the performance of said work or any part there- of whereby said city shall be put to any loss or claim for damages, and said company shall upon written notice of the commencement of any suit against said city for any such negligence defend such suit and pay and satisfy all judgments against the city therefor. Provided, that such license shall not be so revoked at any time after the viaduct or bridge provided for herein shall have been duly constructed by said Chicago, St. Paul, Minneapolis & Omaha Rail- way Company. SEC. 2. Before this ordinance shall be in force or take effect the said Chicago, St. Paul, Minneapolis & Omaha Railway Com- pany shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of the ordinance and agree- ing to perform all acts and things agreed to be done by said rail- way company. A failure on the part of said company to file its acceptance as above stated with the City Clerk as above provided within the time. limited shall render this ordinance null and void. SEC. 3. This ordinance shall be in force and effect from and after its publication and the acceptance thereof by said railway com- pany as herein provided. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA. An Ordinance Granting Permission to the Chicago, St. Paul, Min- neapolis & Omaha Railway Company to Construct Three Steel Plate Girder Viaducts Over Plymouth Avenue. (Passed Nov. 14, 1902. Approved Nov. 15, 1902. Published Nov. 19, 1902, in The Minneapolis Tribune, 28 C. P. 561.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. Permission and authority are hereby granted to the Chicago, St. Paul, Minneapolis & Omaha Railway Company, its suc- cessors and assigns, to construct, maintain and operate three steel plate girder viaducts over Plymouth avenue for the purpose of con- necting said company's present terminal facilities, now ending at Plymouth avenue, with terminal facilities to be constructed upon block sixteen (16), seventeen (17), twenty-four (24), twenty-five (25), thirty-two (32), thirty-three (33), and thirty-seven (37), Bassett, Moore & Case's Addition to Minneapolis. Said viaducts to be of the best modern construction, of permanent work, and the clear- ance distance from top of pavement of Plymouth avenue to bottom of girders of said viaducts to be fourteen feet. SEC. 2. Said railway company, its successors and assigns, shall take every necessary precaution in the construction of said via- ducts over said Plymouth avenue and other work in connection there- RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 481 MINNEAPOLIS UNION RAILWAY COMPANY. City with to prevent accident or injury from the construction of said via- ducts or injury from the obstruction of said avenue or any excavation therein or interference therewith, and shall perform its work upon said avenue in such manner and with such speed and promptness as not unnecessarily to hinder or interfere with the public travel thereon. Interference And said viaduct shall be constructed upon plans satisfactory to the with public City Engineer of the City of Minneapolis, and under the supervision Plans, ap- of said City Engineer, and to the entire satisfaction of the City Coun- proval of cil of the City of Minneapolis, and said railway company, its suc- neer, cessors and assigns, shall indemnify and save harmless said city Indemnity from all loss, claims or suits on account of the negligence of said company, its successors or assigns, or of any servant or employe there- of, in or about any matter or thing authorized, allowed, or required of said company by any of the provisions of this ordinance to be done in said avenue or the performance of said work or any part thereof, whereby said city shall be put to any loss or claim for dam- ages, and said company shall, upon written notice of commencement of any suit against said city or any such neglect, defend such suit fend, and pay and pay and satisfy all judgments against the city therefor. of city. Suits, com- pany to de- SEC. 3. Before this ordinance shall be in force or take effect, Acceptance. the said Chicago, St. Paul, Minneapolis & Omaha Railway Com- pany shall accept the same by filing with the City Clerk of the City Filing same. of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of the ordinance and agree Agreement. ing to perform all acts and things agreed to be done by said railway company. A failure on the part of said company to file its acceptance as above stated with the City Clerk as above provided within the time limited shall render this ordinance null and void. MINNEAPOLIS UNION RAILWAY COMPANY. An Ordinance Granting to the Minneapolis Union Railway Com- pany the Right to Construct and Operate Lines of Railway Upon and Across Certain Streets in the City of Minneapolis. Work, how prosecuted. SEC. 4. This ordinance shall be in force and take effect from To take and after its publication and the acceptance thereof by said railway effect. company, as herein provided. Ordinance void, when. (Passed Jany. 12, 1883. Approved Jany. 15, 1883, 8 C. P. 293.) The City Council of the City of Minneapolis do ordain as follows: consent. SECTION I. That from and after the filing by the Minneapolis Filing of Union Railway Company of the written acceptance mentioned in sec- tion 15 hereof, and the filing by the St. Paul, Minneapolis & Mani- tabo Railway Company of the written consent mentioned in said sec- tion, and not before, the ordinance entitled "An ordinance grant- ing the St. Paul. Minneapolis & Manitoba Railway Company the Repeal of former ordinances. 482 RAILROAD GRANTS AND FRANCHISES--ORDINANCES May main- tain five railway tracks, across, Fifth St. SE. and Six- teen Ave. SE Fourth St. SE, and Fifteenth Ave. SE. Fourteenth Ave. SE. Grade of crossings. Bluff Street. Ninth Ave. SE. To cross Fifth street southeast and Sixteenth avenue south- east at their junction; to cross Fourth street Southeast and Fifteenth avenue southeast at and northwesterly of their junction; to cross Third St. SE. Third street southeast or University avenue between Thirteenth and and Univer- sity Ave. Eighteenth Ave. SE. Main Street. Seventh Ave. SE. Location. Grade of tracks. Side tracks across Main street. Tracks not to obstruct travel. Two tracks across Ninth Ave. SE. Eighth Ave. SE. and Main St. Sixth Ave. SE. Grade of crossing. Tracks, how used. Obstruction of travel. MINNEAPOLIS UNION RAILWAY COMPANY. right to construct and operate lines of railway across certain streets of the City of Minneapolis," approved Feb. 7, 1881, be repealed. SEC. 2. There is hereby granted to the Minneapolis Union Rail- way Company, its successors and assigns, permission and authority to lay, maintain and operate five railway tracks of its railroad across and over the following named streets and in the manner herein named; that is to say: Fourteenth avenues southeast; to cross Fourteenth avenue southeast between Third and Fourth streets, at and near the crossing of said Fourteenth avenue southeast and Tuttle's creek; all of said cross- ings to be so made as to keep the grade of said railway tracks sub- stantially the same as the track now laid at said crossing. Also to extend said five railway tracks along and over Bluff street from the crossing of Tuttle's creek and Bluff street to Ninth avenue southeast. Also to extend two of said five tracks from and across Ninth avenue southeast, crossing the junction of Eighth avenue southeast and Main street to Seventh avenue southeast to a point on Main street southeast which is five hundred (500) feet southeasterly from the southeasterly line of Central avenue and no further; provided, that no one of said tracks shall be put less than forty feet from block fifty-three (53). The said tracks upon and along Bluff street to be laid at such grade above the established grade of said Bluff street as may be neces- sary or convenient, and the tracks on Main street to be laid as nearly as may be practicable upon the present grade of said street, and in such a manner as to permit travel upon and across said tracks; and also to construct such side or spur tracks across said Main street as may be necessary to connect such lines of railway with mills and places of business on or near said lines of railway; all tracks hereby permitted, except on Bluff street, to be so placed as not to obstruct travel across them or along the street, and so as not to unnecessarily interfere with such travel. Also, to extend two or more of said five tracks from and across Ninth avenue southeast, across the corner formed by the southwest- erly corner of Eighth avenue southeast and Main street, and across Sixth avenue southeast at or near the northerly end of the bridge across the Mississippi river, and thence to and across the Mis- sissippi river; the crossing of said Sixth avenue southeast to be made at the present grade of said bridge. The right to operate the tracks in this section named shall in- clude the right to pass and repass thereon with cars and locomotive engines in the usual manner of railway operations, but shall not in- clude the right to obstruct travel on said streets by standing cars or engines, except so far as may be necessary for loading and unloading cars. SEC. 3. There is also granted, so far as the City of Minne- apolis has jurisdiction or authority to grant the same, permission to RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 483 MINNEAPOLIS UNION RAILWAY COMPANY. across river. said railway company and its successors and assigns, to extend the Tracks said last named tracks across the Mississippi river, both channels Mississippi thereof, from the crossing of said bridge to a point near the westerly Location. bank of said river, where Sixth avenue south would, if extended, cross the line thereof, and thence up and within said river, to some point in the westerly bank thereof, between Second and Third avenues south, if they were extended to said river, and for that purpose to erect and maintain such bridges across said channels, and in and over said river as may be necessary for that purpose.. certain. Removal of tracks from Consent River St. thereto of tracks Second Ave. SEC. 4. There is also granted to the said Minneapolis Union Railway Company and its successors and assigns, permission and authority to remove, by and with the consent of the Minneapolis & St. Louis Railway Company and the Minneapolis Eastern Railway Company, the tracks of said last named railway companies from Extension their present location near and upon and along River street in said across city, to such location westerly of said present location as may be Ave. S. necessary to make room for the tracks hereinafter provided for and Hennepin to extend said tracks of said railway companies across Second avenue First, south at or easterly of the junction of said avenue with High street, Third and thence northerly across Hennepin avenue westerly of the anchor Aves. N. piers of the Suspension bridge in said city, and thence northerly, cross- To First St. ing First, Second and Third avenues north, and First street to a junc- tion with the St. Paul, Minneapolis & Manitoba Railway Company's tracks, at or near their present crossing of said First street, and when so removed said track may be maintained and operated by said Min- neapolis Eastern and Minneapolis & St. Louis railway companies in the same manner and subject to the same conditions as they are now maintained and operated. Second and First St. Junction. How main- tained, etc. Extension of tracks upon River St. Occupation SEC. 5. There is further granted to said Minneapolis Union Railway Company and its successors and assigns permission and authority to extend the said tracks which are to cross said river, and such other tracks as it may deem necessary and convenient, upon and along all that part of River street as laid out in Steele's Addition to Min- neapolis, and over and upon the ground now occupied by said tracks of said Minneapolis & St. Louis and Minneapolis Eastern railway companies, and to occupy the whole of said portion of River street of River St. with such railway tracks and depot or other buildings for the use of said railway as may be necessary or convenient; and also to ex- tend four or more railway tracks across Hennepin avenue easterly of the anchor piers of said suspension bridge, and also, if desired, one or more tracks westerly of said anchor piers, and thence along and upon all of River street, northerly of Hennepin avenue, as far as First avenue north, and thence northerly on the southwesterly half of said River street only, between First avenue north and the tracks of the St. Paul, Minneapolis & Manitoba Railway Company, and upon lands westerly of said River street, and for that purpose to cross with such tracks and such other tracks as may be necessary. First, Second and Third avenues north, and thence to extend said tracks to a connection with the tracks of the St. Paul, Minneapolis & Manitoba Railway Company at or near the crossing of First street by said last named tracks, and to maintain, use and operate all such across Hen- Tracks nepin Ave. Along River St. anchor pier First, Second and Aves. N. Third 484 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. How main- tained. Guy piers, how changed. City Engi- neer to approve. SEC. 6. There is also granted to said Minneapolis Union Rail- way Company, its successors and assigns, the right to fill out, con- struct and maintain under the suspension bridge of said city upon the westerly margin and in the bed of said Mississippi river, ground bridge, depot for a roadway for teams and carriages and depot grounds and neces- Roadway under sus- pension grounds, etc. Location. sary approaches thereto, not extending further than 100 feet easterly from the main piers of said bridge, and for that purpose to change the location of the guy piers of said bridge now in the westerly bank of said river by constructing other piers in place of said present piers. Such new guy piers to be located and constructed and connected with said suspension bridge to the acceptance of the City Engineer and the standing committee on roads and bridges of the City Council of said city. Temporary tracks. Use of same. Bridge to be protected. Indemnity of city. Removal of tracks. Course and grade of track. Retaining wall and railings. Grant not warranted. Subject to rights of other com- panies. MINNEAPOLIS UNION RAILWAY COMPANY. Hennepin Ave. crossing roadway, etc SEC. 7. The crossing of Hennepin avenue by the railway tracks Grade, paved authorized in sections 4 and 5 hereof, shall be made at such grade as to permit the construction of a paved or planked roadway on said Hennepin avenue over said tracks, upon the grade of a plane level with the window sills of the anchor piers at the westerly end of suspension bridge, provided that it be not more than one foot higher than the level of the floor of said bridge at its westerly end; and the said railway tracks shall proceed from said Hennepin avenue cross- ings to their intersection with the tracks of said St. Paul, Minne- apolis & Manitoba Railway Company by a regular uniform grade from said Hennepin avenue to said intersection. Provided, that said Minneapolis Union Railway Company shall construct, and forever maintain in all that part of River street where it cuts below the grade of said street a suitable and sufficient retaining-wall to support the remaining portion of said street, and a suitable and sufficient railing and protection along said embankment. $ railway tracks with the necessary sidings, crossings and turnouts in such manner as may be necessary or convenient for the operation of said railway and the accommodation of a passenger depot, with all platforms, baggage rooms, car houses and the appurtenances thereof. Said railway company shall also have the right to temporarily remove and lay the tracks of the Minneapolis Eastern railway and. the Minneapolis & St. Louis railway upon the grounds so filled out. under said suspension bridge, and to occupy said ground for said. railway tracks during the construction of the bridge over said Henne- pin avenue, hereafter referred to. Provided, and upon condition, however, that said railway com- pany shall, by covering said bridge with iron, first sufficiently pro- tect the same, and shall be responsible for, and save and protect the city from all damages, costs, and trouble caused by such occupancy of said ground, and shall, if the same be not sooner removed, remove and cause to be removed, all of said railway tracks from said ground so filled out whenever, after two years from the date of the ap- proval of this ordinance, the City Council of said city shall require the same removed. SEC. 8. The City of Minneapolis in no wise warrants any of the privileges herein granted or attempted to be granted, but all said grants are made subject to all the rights which any other company RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 485 MINNEAPOLIS UNION RAILWAY COMPANY. now has to occupy the same ground, and also subject to all the rights which said company or other companies or private persons now have in and to all the subject-matters of said grants, and said city is not to be subject to any claims for damage on account of any matters herein-contained. City not liable for damages. SEC. 9. The said railway company, its successors or assigns, Street shall always keep and maintain that portion of every street and alley repairs. used by it upon or across which said tracks shall be constructed at or near the grade of said streets, in good condition for public travel, and shall keep the same planked, paved, macadamized, or otherwise in such condition for public travel as the City Council of said city may from time to time direct, keeping the plank, pavement or other Planking, surface of the street or alley at a level with the top of the rails of its said tracks. The portions of the streets or alleys to be so kept and maintained by said railway company shall include all the space between its different tracks, and also a space outside of the outside rail of each outside track at least fifteen (15) inches in width, and the tracks here referred to shall include not only the main tracks, but also all side tracks, crossings and turnouts hereby authorized. paving, etc. Space tracks, etc. between for public Regulations safety, com- pany to conform to. And the said railway company, its successors and assigns, shall also, in operating said railroad upon or across said streets, conform to all lawful and reasonable regulations which shall be made by said City Council respecting the running of cars and engines, applicable to all other railways in said city, and respecting precautions touching the public safety; provided, however, that when the several bridges hereinafter provided, for the crossing of said tracks and the streets of said city, shall have been constructed and in use so that the said tracks to cross the Mississippi river, shall not, between said Hen- nepin avenue and the southern or easterly limits of said city, pass upon or cross at the grade of public travel any street of said city, other than Sixth avenue southeast; and so long and for such period only as said railway company or its successors or assigns shall main- tain and successfully operate the gates hereinafter provided for, the Gates said tracks so to cross said river and all other tracks herein pro- vided for, easterly of Sixth avenue southeast, and all trains, cars and engines passing over the same, from said Hennepin avenue to said city limits shall be excepted and exempted from the force of the ordi- from speed nances of said city limiting the rate of speed upon railway tracks. operated. ordinance. Street cross- ings bridged. of grants. SEC. 10. The grants herein contained are each and all made Conditions upon the express condition that the said railway company, its suc- cessors and assigns, shall: (1.) Construct over and across said tracks on Fifth street south- east, a bridge with a roadway 18 feet wide in the clear, with the side- walks on each side six feet wide in the clear, said bridge to be of iron, with stone abutments and wood roadway, to be constructed on plans and specifications similar and equal to the bridges now in process of con- struction by the St. Paul, Minneapolis & Manitoba Railway Company at the crossings of its tracks by Holden street and Western ávenue, in said city, and be completed within one year from such time as the City Council of said city shall by resolution determine that its con- completed. struction is necessary and give to said railway company notice of When to be Iron bridge St. SE. at Fifth How con- structed. Plans, etc. 486 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Notice from council. such resolution in writing, served upon any officer of said company upon whom summons in a civil action might be served. Iron bridge 2.) Construct upon Sixth avenue southeast over and across or viaduct on Sixth Ave all the tracks herein provided for and over and across Main street SE. and across Main St., etc. southeast to a connection with the bridge required of the Minneapolis. Eastern Railway Company, and also across all the space between said tracks, an iron bridge or viaduct of similar construction to the one last provided for, but with a roadway thirty (30) feet wide in the clear, and sidewalks on each side eight (8) feet wide in the clear. The said railway company may, however, at its option, fill the space between said tracks, raising by an earth embankment the roadway, with sidewalks on each side, each of the width above named, so that it shall be a straight grade direct from the level of a bridge over the tracks at one place to the level of a bridge over the tracks at the other place, provided that such bridge or bridges shall be of such height as to give twenty (20) feet head room in the clear over said railway tracks. Said bridge or bridges to be constructed with suitable and sufficient stone abutments, and to be fully completed within one year after like action and notice by the City Council to that specified above for the crossings of Fifth street southeast. Roadway and side- walks. Earth em- lankment. Head room. Stone abutments. To be com- pleted, when Safety gate at Sixth Ave SE. Gate keeper or watch- man. Bridge and abutments at Hennepin Ave. Iron work, etc. Width of Hennepin Ave. bridge. Strength of. Completion, when. City to construct pavement. Public travel. Head room. MINNEAPOLIS UNION RAILWAY COMPANY. (3.) Until the construction of such bridge or viaduct, and as soon as such tracks shall be laid for railway purposes and used for running regular railway trains, said railway company and its suc- cessors and assigns shall erect and maintain at the said crossing of said Sixth avenue southeast, near the end of said bridge across said river, the railway safety gate of Pawtucket, Rhode Island, and keep at such gate a suitable gate keeper or watchman, and keep the said gates closed during the passage of trains, cars or engines on said track, and open at all other times. (4.) Construct at the said crossing of said tracks and Hennepin avenue stone abutments for bridges on said avenue over said crossings, and all the ironwork of such bridges completed, including eyebeams, and suitable iron or brick arches, with the necessary filling thereon, and in readiness to lay thereon granite or other stone pavement; such bridges to extend the entire width of said Hennepin avenue now used for street purposes, and to be made wider by said railway company if suspension bridge be ever widened or any wider bridge built in its place, not exceeding, however, the entire width of said wider bridge, whenever the City Council of said city shall require it done, and to be of sufficient strength to support any stone block pavement with the necessary foundation therefor, and also to sustain any travel that may come over said street, and at any rate of speed that may be permitted thereon, and to be completed as speedily as may be after commencement of work thereon; the said city to construct the pave- ment, and the railway company suitable foundations therefor. The construction of said bridges and all work to be so carried on that there will be at all times at least one-half of said Hennepin avenue open and free for public travel. Provided, that if it shall be found that twenty feet head room in the clear under said Hennepin avenue bridge, for the passage of cars and locomotives cannot be obtained in the event of using granite or other stone pavement over the same, RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 487 MINNEAPOLIS UNION RAILWAY COMPANY. < the said railway company shall have the privilege of putting in such iron work and eyebeams as will sustain suitable brick arches over said Hennepin avenue crossing for the support of a wooden block pavement or oak plank flooring of not less than five inches in thick- ness; said supports or arches to be of sufficient strength to sustain any Strength of. travel that may come over said street, and at any rate of speed that may be permitted thereupon, and to be completed as speedily as may When be after commencement of work,thereon, the said city to construct the pavement and the railway company suitable foundations therefor. The construction of said bridges, and all work, to be so carried on that there will be at all times, at least one-half of said Hennepin avenue open and free for public travel. completed. Pavement and founda- tions, By whom constructed. Public travel, Iron bridge at Ave. N. Brick arches, how con- when and structed. (7.) Construct all of said bridges and abutments in a thorough and substantial manner on plans and specifications approved by the City Council of said city, and of sufficient strength to support any pavement the city may elect to lay thereon, provided that the pave- ment desired shall be specified at the time the bridge is required to be constructed; and provided, further, that no specification or require- ment shall be made that will not allow the railway company twenty feet head room from the top of its rails to the bottom of the floor beams of the bridge, and also to support all travel upon and across them at any rate of speed that may be permitted upon any of the streets of said city. The roadway and sidewalks in each case to be con- structed by said railway company and to be of oak plank, the road- way double, with the under plank at least two inches thick and the upper plank at least three inches thick. Character (5.) Construct upon the extreme southeasterly side of First avenue north, over all the tracks by this ordinance permitted to cross said avenue or to run on River street at its intersection with said avenue, whether said tracks be owned by said railway company or by others, an iron bridge of suitable construction and sufficient strength, with a roadway eighteen (18) feet wide in the clear, with six (6) and how feet sidewalk on one side, with stone abutments and with an approach, to be also built by said railway company, approaching said bridge on the upper side at a right angle and at a grade not exceeding a raise of one foot in twelve; said approach to be constructed in River street and located on the extreme southwesterly side of the northeasterly half of said street; such bridge to be completed as soon as may be. completed. constructed. When Additional order same. (6.) In any and every other case, except University avenue, bridges. Fourteenth avenue southeast and Fourth street southeast, where the bridges already built are satisfactory to the city, and at any and every time in the future when the necessities of the public shall de- mand it and the City Council of said city require it done, con- Council may struct in any other street or avenue of said city which now crosses the location specified for said tracks such a bridge or viaduct in each case, with the abutments therefor, as shall at the time be specified and required by such City Council, and within such reasonable time, not less than one year, as shall in each case be fixed by such City Council. Notice of such requirement in each case to be given as above pro- vided. Notice. Approaches. A All bridges, how con- structed. approve plans. Council to Pavement. Twenty feet head room. Strength. Roadway and side- walk, to be etc. of oak plank, 488 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Abutments of all bridges. Approaches, city to build. Superstruc- ture. Gutters and drainage. Culverts. Compliance with ordinance. Suspension of travel. Damage to piers, etc. Precautions against injury. City may make im- provements. City not liable for damages. Company to aid, relay tracks, etc. Precautions against accidents. MINNEAPOLIS UNION RAILWAY COMPANY. (8.) Forever keep and maintain all of the abutments of said bridges, as well those already built as those to be built, unless the same shall be damaged or destroyed through any action of the au- thorities of said city, or any officer or agent thereof, the city building and maintaining the approaches to said bridges and maintaining the superstructures thereof, except in case of destruction or damage to superstructure by the negligence of any railway company using said railway. (9.) Construct and forever keep and maintain suitable gutters therefor, and spouts if necessary, and forever keep away all surface water and drainage of the street of every kind, and fully prevent any of the same from running upon the westerly end of the suspension bridge, by reason of the raising of the grade of Hennepin avenue over its railway track. (10.) Maintain the culverts now built to carry Tuttle's creek across Fourth street southeast and University avenue, and also by suitable culverts through its embankments at the intersection of the several streets not herein provided for with bridges, to prevent the damming up of surface water by such embankments. (II.) Strictly comply with all the terms, conditions and re- quirements of this ordinance, and always in all things do and perform all things whatever which are in this ordinance stated and provided for, to be done and performed on its part, faithfully and promptly. On all that part of River street below the southeasterly line of First avenue north, all public travel shall be suspended, for and during the time the same shall be occupied for the railway purposes hereinabove authorized, and such travel shall likewise be suspended on the cross- ings of said Fifth street southeast until the construction of the bridge hereinabove provided for. (12.) Indemnify and reimburse said city for all damages that may be done to the anchor piers of the suspension bridge by reason of any excavations for the tracks to cross Hennepin avenue as afore- said, and take any and all such precautions to the approval of the City Engineer of said city as may be necessary to prevent injury to said anchor piers by reason of such excavations. SEC. II. The City of Minneapolis reserves the right to enter upon all portions of said streets and avenues upon or over which said railway tracks shall be constructed, and to make thereon such excavations and do such other work thereon as may be necessary in the construction and repair of sewers, gutters, water mains, gas pipes or other works of a public character, without being liable therefor to any claim for damages, and said railway company, its successors and assigns, shall afford all reasonable aid and facilities to said city in doing such work, and shall protect such railroad during such work, and shall relay its tracks at their own expense when such works are completed from time to time. SEC. 12. Said railway company, its successors and assigns, shall take every necessary précaution in the construction of their lines of railway upon and over said streets and avenues and in the erection of bridges and other works in connection therewith, to prevent acci- dent or injury from the obstruction of said streets or any excavations RAILROAD GRANTS AND FRANCHISES-ORDINANCES. · 489 MINNEAPOLIS UNION RAILWAY COMPANY. therein and interference therewith by said railway company, and shall Indemnity indemnify and save harmless said city from all loss, claims or suits on account of the negligence of said company, its successors or assigns, or of any servant or employe thereof in or about any matter or thing authorized or allowed to be done hereby in said streets or the per- formance of said work or any part thereof, whereby said city shall be put to any loss or claim of damage. And they shall notice upon of the commencement of any suit against said city for any such neglect, defend such suit and pay and satisfy all judgments against said city therefor. Suits, com- pany to de- judgments. fend, and pay Public travel. Said parties shall also perform all their works upon said streets in such manner and with such speed and promptness as not to un- necessarily hinder or interfere with the public travel thereon. SEC. 13. If the said railway company or its successors or assigns Neglect of shall at any time wilfully fail, neglect or refuse to conform to the company. provisions of this ordinance respecting the condition in which such street crossings or the bridges over said tracks or streets are to be kept, and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council, or from any officer Notice of this city by direction of the said council, requiring them to con- form to the provisions hereof in this matter, the City Council shall have and does hereby reserve the right and power in such cases, to do and perform all things necessary to put such streets and bridges into condition provided for herein, and may maintain an action for the expense thereof against said company. from city. SEC. 14. Said Minneapolis Union Railway Company shall, with in thirty days from the publication hereof, cause to be made and filed with the City Engineer of said city such maps, plans and profiles as shall be necessary to show, as near as may be, the exact location of such tracks and bridges, the embankments necessary in construct- ing the same, or the cuttings to be made across said streets, and the exact extent to which any of said streets will be affected thereby, and Effect of such maps, plans and profiles shall be held to show extents and limits of the grants herein contained. same. Repairs by city at com- pany's ex- pense. company to file maps, etc. SEC. 15. The said railway company shall also within thirty days Acceptance from the publication hereof, file with the City Clerk of said city an Filing same. instrument in writing, executed by its proper officers, accepting the provisions herein contained, and containing an agreement on the part of said railway company, its successors and assigns, to perform all the conditions of this ordinance, and upon default of filing such in- strument of acceptance this ordinance shall be deemed to be rejected, and thereafter be and become void. And the St. Paul, Minneapolis & Manitoba Railway Company may, at the same time, in case of the acceptance as above, file with said clerk its consent thereto and its consent to the repeal of the ordinance mentioned in section one hereof. ordinance If not filed, void. St. P. M.& M. to file acceptance. depot. SEC. 16. The new passenger depot, together with each and all Passenger other improvements proposed and herein provided to be made, by and on the part of said railway company, shall be completed within two years from the passage of this ordinance. SEC. 17. It is hereby understood that the privileges granted the Minneapolis Union Railway Company in this ordinance shall not be Completion of same. ordinance not a precedent. 490 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Considera- tion. To take effect. May main- tain single or double track. Location. Main St. F'erry St. California St. Hechtman St Grand St. Marshall St. Tracks across Mississippi river. Bridge. Grade. Marshall St. Approaches. Bridge. Marshall St. Abutments and super- structure. ST. PAUL & NORTHERN PACIFIC. taken as a precedent in any future railroad ordinance that may be passed by this council, and the privileges herein granted are in con- sideration of the large amount of money to be expended by said rail- way company within the city. SEC. 18. This ordinance shall take effect and be in force from and after its publication. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul and Northern Pacific Rail- way Company the Right to Construct, Operate and Maintain Lines of Railway Over, Along and Across Certain Streets, Avenues, Public Ways and Water Courses in the City of Minneapolis. (Passed Sept. 7, 1883. Approved Sept. 11, 1883. Published Sept. 13, 1883, 9 C. P. 246.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the St. Paul & Northern Pacific Railway Com- pany and its successors and assigns, be and they hereby are granted the right to construct, operate and maintain a single or double track railway line over, along and across the following named streets, ave- nues, public grounds and water courses as follows, to-wit: Over and along Main street, from the north line of Wright's addition, to the north line of Ferry street; across Ferry street to block four (4) in Orth and Hechtman's addition; across California street, from the last named block to block five (5) in the same addi- tion; across Hechtman street, from said last named block five (5), to block seven (7), in the said last named addition; across Grand street, from the last named block, to block one (1) in Ewing & Chute's addition; across Marshall street, from the last named block, to block two (2) in said last named addition; across the Mississippi river over a bridge (so far as said City of Minneapolis has the right to grant any right to so cross said river), from said last named block two (2), to an unplatted piece of land bounded on the south by Twenty-fourth avenue north, on the west by First street north, on the north by Twenty-sixth avenue north, and on the east by said Missis- sippi river, and for that purpose to erect and maintain a railroad bridge across said river at said place. SEC. 2. At said crossing of said Marshall street, the same may be graded down five (5) feet below its present surface, provided said railway company, its successors or assigns, shall also for the present grade suitable approaches thereto, under the direction and to the satisfaction of the City Engineer of said city, and whenever the City Council shall require a bridge to be constructed over said railway tracks, on said Marshall street, said railway company, its successors or assigns, shall construct and maintain such appropriate bridge over said tracks on said Marshall street, so far as the abutments and super- structure are concerned, as said City Council may by resolution so RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 491 ST. PAUL & NORTHERN PACIFIC. require; said city constructing and maintaining the approaches to Approaches. said bridge. Culverts. SEC. 3. Said railway company, its successors and assigns shall, Planking. when required by the said City Council, properly plank between the rails of each track, and between the different tracks, and for a space of fifteen inches outside of each outer rail, at every street or avenue crossing for such distances along said tracks as said City Council may so require, and which such planking shall be done at once at such crossing of Marshall street; should any of said streets or ave- nues ever be paved said City Council may require said crossings, streets or avenues to be paved in like manner as may be paved said Paving streets or avenues, in place of any such planking; and all such cross- ings as shall be used by the public and designated by said City Council shall be kept open,, free and clear of standing cars, trains, locomo- No Ob- tive or other engines, or other obstacles, for free public travel; and structions. said railway company, its successors and assigns shall construct and maintain such suitable culverts across any of said streets or ave- nues which may be necessary for draining off the surface water. Said railway company, its successors and assigns shall also in operating said road upon or across said streets, conform to all lawful and reasonable regulations which shall be made by said City Council respecting the running of cars and engines, applicable to other railways in said city, and respecting precautions touching the public safety. SEC. 4. conform to Company to regulations safety. for public ings across tracks. provements. SEC. 5. The City of Minneapolis reserves the right to lay out, Street open- extend and maintain any street, alley or avenue across the tracks of said railway company or its successors or assigns which its City Coun cil may deem is required by the public necessities. Said city also Public im- reserves the right to enter upon any portion of any street or avenue so crossed by any such tracks, and to make any and all excavations therein and do other work thereon as may be deemed necessary in constructing any sewers, gutters, water mains or pipes, gas pipes or other works of a public character, without being liable for any dam- ages, and said railway company, its successors and assigns shall afford all reasonable aid and facilities to said city and its agents and em- ployes in doing any such work, and shall protect such railroad during such work and shall relay its tracks at its own expense. Company to and relay aid, protect tracks. Precautions against of city. SEC. 6. Said railway company, its successors and assigns, shall take every necessary precaution in the construction of their lines of rail- accidents. way upon and over said streets and avenues and in the erection of bridges and other works in connection therewith to prevent accident or injury from the obstruction of said streets or any excavation therein by said railway company, and shall indemnify and save harmless said Indemnity city from all loss, claims or suits on account of the negligence of such company, its successors or assigns, or of any servant, employe or agent thereof in or about any matter or thing authorized or allowed to be done hereby in said streets or the performance of said work, or any part thereof, whereby said city shall be put to any loss or damage. or claim of loss or damage; and they shall, upon notice of the com- mencement of any suit against said city for any such neglect defend pany to de- such suit and pay and satisfy all judgments against said city there- Suits, com- fend, and pay judgments. 492 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Travel not to be impeded. Neglect of company. Notice from council. Repairs at expense of company. Plans and profile to be filed. Effect of same. Work, when commenced. Acceptance to be filed. Agreement. Repeal. Rights granted not warranted. City to be indemnified. To take effect. ST. PAUL & NORTHERN PACIFIC. for. Said parties shall also perform all their works upon said streets in such manner, and with such speed and promptness as not to un- necessarily hinder or interfere with public travel thereon. SEC. 7. If said railway company, or its successors or assigns, shall at any time wilfully fail, neglect or refuse to conform to the pro- visions of this ordinance respecting the condition in which such street crossings or the bridges over said tracks or streets are to be kept, and such failure, neglect or refusal shall continue for the space of thirty days after notice from the City Council, or from any officer of this city by direction of the City Council, requiring them to conform to the provisions hereof in this matter, the City Council shall have and does hereby reserve the right and power in such cases to do and per- form all things necessary to put such streets and bridges into the condition provided for herein, and may maintain an action for the expense thereof against said railway company, its successors assigns. ΟΙ SEC. 8. Said railway company shall within thirty (30) days from the publication hereof file with the City Engineer of said city a map or plan and profile showing as near as may be the exact location of such tracks, the embankments necessary in constructing the same, or the cuttings to be made across any of said streets or avenues, and the exact extent to which any such street or avenue will be affected thereby, and such maps or plans shall be held to show extents and limits of the grants herein contained. Work may be commenced on preparing the grade for said tracks at once, but said railway com- pany shall file in the office of the City Clerk of said city an accept- ance of the rights herein granted and an agreement to conform to all the requirements hereof, signed by its proper officers and within. thirty (30) days after the publication of this ordinance; and failing so to do, this ordinance may be repealed at any time. SEC. 9. The City of Minneapolis only grants such rights as it has the power and right to grant, and is in no way liable for any failure of title, and does not undertake to warrant any privilege here- by conferred; and said railway company, its successors and assigns shall indemnify and save harmless said city from any and all loss by reason of any damages which it may sustain by reason of the doing of any of the things herein permitted to be done, should any dam- ages ever be obtained against said city for the same through any suit for the same, not hereby recognizing that said city could be liable for anything hereby permitted to be done. SEC. 10. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 493 : ST. PAUL & NORTHERN PACIFIC. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul & Northern Pacific Rail- way Company the Right to Construct and Operate Lines of Railway, Upon, Over and Across Certain Streets and Public Grounds, in the City of Minneapolis. (Passed Dec. 8, 1883. Approved Dec. 15, 1883. Published Dec. 18, 1883, 9 C. P. 397. As amended May 13, 1884, 10 C. P. 80; Dec. 29, 1884, 10 C. P. 491; Nov. 29, 1893, 19 C. P. 723.) The City Council of the City of Minneapolis do ordain as follows: tracks. SECTION I. Permission and authority are hereby granted to the May main- St. Paul & Northern Pacific Railway Company, its successors and assigns, to construct and perpetually to renew and maintain and operate with locomotive engines, cars and trains of cars, railway lines and tracks within the City of Minneapolis as follows, to-wit: First-A single or double track line of railway, with the neces- Single or sary switches and turnouts, beginning at a point on the west bank track. of the Mississippi river between the points thereon where Twenty- Location of fourth and Twenty-sixth avenues north, if extended to said river, track. would intersect the same; running thence in a southwesterly direction, by a curved line, across that certain piece of unplatted land bounded by the Mississippi river, First street north, and Twenty-fourth and Twenty-sixth avenues north, extended to the said river, and across Across 24th Twenty-fourth avenue north, extended as aforesaid, and across block Ave. N. numbered three (3) of Cobb's Addition to Minneapolis, to and into First street; and running thence southward upon, along, and over First street. that part of First street which lies easterly of the center line of said First street, crossing Twenty-third, Twenty-second, Twenty-first, 23rd, 22nd, Twentieth, Nineteenth, Eighteenth, Seventeenth, Sixteenth, Fifteenth, Fourteenth, Thirteenth, or Plymouth, and Tenth avenues north to block numbered nine (9), of Bassett, Moore & Case's Addition to Minneapolis. 19th, 18th, 17th, 16th, 15th, 14th, 13th or Ply- mouth, and 10th Aves. N. Second-Such railroad tracks as the said railway company, its successors or assigns may deem necessary or convenient for the pur- poses of a first-class terminal railroad yard, to be constructed upon that certain parcel of ground, bounded on the north by Tenth avenue north, on the east by First street north, on the south by the St. Paul, Min- neapolis & Manitoba railway, and on the west by Second street north; and to cross over and occupy those portions of Ninth, Eighth, Sev- enth, Sixth, Fifth and Fourth avenues north, lying within the ex- terior limits of the said parcel of ground. Third-A single or double track line of railway, with the neces- sary switches and turnouts, beginning at a point of connection with the line of railway mentioned in subdivision first of this section, at or near the south line of Twenty-third avenue north, and running in a northerly direction upon, along and over First street north, crossing Twenty-fourth avenue to an unplatted piece of land, thence in a northerly direction across said unplatted piece of land to Twenty- Additional tracks for terminal yard. Location. Across 9th, 5th, and 4th 7th.6th, Aves. N. Single or double track. Location. First St. N. 24th Ave. N. 494 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 2nd St. N. 26th, 27th, 28th, 29th, 30th, 31st and 32nd Aves. N. 33rd Ave. N. 2½ St. 34th Ave. N. Single or double track. East of Mississippi. Location, Marshall St. Ferry St. Orth St. River St. Ramsey St. Single or double track. East of Mississippi. Location. F'erry St. Main St. 18th Ave. N. E. or Mul- bery St. Bridge over tracks to be constructed bi-annually. Council to direct same. Council to designate location. Plans to be approved by Council. Head room. ST. PAUL & NORTHERN PACIFIC. sixth avenue north, thence northward upon, along and over Second street north, crossing Twenty-sixth avenue, Twenty-seventh avenue, Twenty-eighth avenue, Twenty-ninth avenue, Thirtieth avenue, Thirty- first avenue and Thirty-second avenue, all north, thence across blocks. forty-eight and twenty-seven of Baker's Fourth Addition to the City of Minneapolis, thence across Thirty-third avenue and block twenty- five to Two-and-a-half street, thence in a northerly direction upon, along and over said Two-and-a-half street to and across Thirty-fourth avenue north to the northerly line thereof. (As amended Dec. 29, 1884, 10 C. P. 491.) Fourth-A single or double track line of railroad, with neces- sary and convenient switches, turnouts and sidetracks, beginning at a convenient point on the main line of the railway of the said railway company in the eastern division of Minneapolis, near the northwest corner of B. S. Wright's Addition to Minneapolis; running thence in a westerly, southwesterly and southerly direction by such route as the said railway company, its successors or assigns may find most feasible, and crossing Marshall street to the east bank of the Mis- sissippi river, at or near the point at which Abbey street, if extended. would strike said bank; thence running southward, along said river bank and along the edge of the waters of said river, and crossing Ferry street and Orth street, to a point near the intersection of Ram- sey street with River street; thence leaving the said river bank, and running across River street to Ramsey street, thence running southerly along and upon Ramsey street to the northerly line of Eighth avenue northeast. (As amended Nov. 29, 1893, 19 C. P. 723.) Fifth-A single or double track line of railway, with necessary and convenient switches, sidetracks and turnouts, commencing at a convenient point upon the said main line of railway, near the inter- section of Ferry street and Main street, in the eastern division of Minneapolis; running thence northwesterly by a curved line, and crossing Ferry street and Main street to Mulberry street or Eigh- teenth avenue northeast; and running thence eastward along and upon the said Eighteenth avenue or Mulberry street, to the St. Paul, Minneapolis & Manitoba railway. The permission and authority in this section granted are upon the express condition that the said St. Paul & Northern Pacific Rail- way Company shall bi-annually, from and after the year A. D. one. thousand nine hundred and twenty-five (1925), if so directed by the City Council of the City of Minneapolis, and until such time as said City Council shall otherwise direct, construct and maintain a bridge over and across its tracks. And the City Council of said city shall after such year A. D. one thousand nine hundred and twenty-five (1925), if in its opinion the public necessities shall demand it, bi-annually on or before the first day of January, designate the street or avenue over which such bridge shall be constructed and maintained. Said bridges shall be constructed on plans and specifications to be approved by the City Council of said city; provided that such bridges shall be of such height as to give at least twenty (20) feet head room in the clear over the railway tracks; and provided, fur- ther, that said railway company, its successors or assigns shall for- RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 495 ST. PAUL & NORTHERN PACIFIC. ever keep up and maintain all the abutments and superstructure of said bridges; the city building and maintaining the approaches thereto. SEC. 2. The said lines and tracks of railway shall conform to the grade of the said several streets and avenues as the same are now or may hereafter be established, when the said grades shall have been established, except as stated below, that is to say: First-The said tracks described in the first subdivison of sec- tion one of this ordinance may be so constructed that beginning at a point upon First street north, at or near Fifteenth avenue north, the grade of the said tracks shall rise to such a level, at the north line of Plymouth, or Thirteenth avenue north, as will enable such tracks to be carried over the bridge mentioned in section three of this ordi- nance. Bridges, how maintained. Grades of tracks. Grade-1st subdivision. subdivision. Second-The said tracks described in the second subdivision of Grade-2nd section one of this ordinance may be constructed and maintained at such grade as the said railway company, its successors or assigns, may find most feasible and convenient for the purposes for which said tracks are designed, except that where the said tracks cross Fourth Same-4th avenue north, the same shall be constructed and maintained upon a ing grade at or near the present grade of the St. Paul, Minneapolis & Manitoba railway, where the same intersects First street north, in order to permit the said Fourth avenue north to be carried over the said tracks by an overhead crossing. Ave. cross- subdivision. The tracks described in the fourth subdivision of section one of Grade 4th this ordinance may be constructed across Ferry street and Orth street in the eastern division of Minneapolis, at such grade as will permit the said tracks to cross underneath the main line of the said railway. SEC. 3. The said tracks described in the first subdivision of sec- tion one of this ordinance shall be carried over Plymouth or Thirteenth avenue north and Tenth avenue north, by means of a double track iron railroad bridge, composed of one span which shall not be less than one hundred and twenty-six (126) feet in length, the same to be sup- ported by two (2) masonry abutments, so that one (1) clear opening of at least one hundred and twenty-two (122) feet in width, with a top at least one hundred and eighteen (118) feet above the present established datum for street grades in this city, shall always be main- tained underneath the said bridge. The said bridge shall be so con- structed as to prevent cinders, coals or ashes from dropping through the bottom of the same upon those passing beneath said bridge, and the same shall be provided with tight side fences of sufficient height Side fences. to conceal the engines passing over the same; the same to be at least ten (10) feet high. (As amended May 13, 1884, 10 C. P. 80.) SEC. 4. In case the City Council of this city should hereafter require it to be done, the said railway company, its successors or as- signs shall construct over and across the said tracks on Fourth avenue north a bridge with a roadway thirty-eight (38) feet in the clear, with sidewalks on each side eight (8) feet wide in the clear. Said bridge to be of iron with stone abutments and wood roadway, to be constructed on plans and specifications to be approved by the City Engineer of the City of Minneapolis. The same to be completed with- in one (1) year from such time as the City Council of this city shall by Plymouth Ave bridge. How con- structed. Abutments and opening. Cinders, etc. Iron bridge Ñ. at 4th Ave. Roadway and side- walks. Abutments. Plans, by whom ap- Completion. proved. 498 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Plans to be filed, when. Same held to show extent, etc. Acceptance of company to be filed. Agreement. Repeal upon default. Grants not warranted. City not liable. Grant to be void, when. Ordinance not a precedent. Considera- tion. Further conditions. Other com- panies may construct intersecting tracks. Delivery of freight. No discrim- ination. To take effect. ST. PAUL & NORTHERN PACIFIC, SEC. 10. The said railway company shall, within sixty days from the publication hereof, cause to be made and filed with the City En- gineer of this city such maps, plans and profiles as shall be necessary to show as near as may be the exact location of such tracks and bridges, with embankments necessary, in constructing the same, or the cuttings to be made across such streets, and the exact extent to which any of such streets will be affected thereby; and such maps, plans and profiles shall be held to show the extents and limits of the grants here- in contained. II. SEC. 11. Said railroad company shall also, within thirty (30) days from the publication hereof, file with the City Clerk of said city an instrument in writing, executed by its proper officers, accepting the provisions herein contained, and containing an agreement on the part of said railway company, its successors and assigns, to per- form all the conditions of this ordinance; and upon default of filing such instrument of acceptance, and failing so to do, this ordinance may be repealed at any time. SEC. 12. The City of Minneapolis in no wise warrants any of the privileges herein granted or attempted to be granted, but all such grants are made subject to all the rights which any other company now has to occupy the same ground, and also, subject to all the rights which said company, all other companies, and private persons, now have to all the subject matter of said grants, and said city is not to be subject to any claims for damage on account of any matters here- in contained. The rights herein granted to use any street for rail- way tracks, sidetracks, switches or turnouts shall become void unless the same shall be constructed within three years after this ordinance becomes operative. SEC. 13. It is hereby understood that the privileges granted the St. Paul & Northern Pacific Railway Company in this ordinance. shall not be taken as a precedent in any future railroad ordinance that may be passed by this council; and the privileges herein granted are in consideration of the large amount of money to be expended by said railway company within the city. SEC. 14. The permission and authority herein granted, are upon the further express condition, to-wit: That the said St. Paul & Northern Pacific Railway Company, and its successors and assigns shall permit any corporation, person or persons duly authorized by the City Council of the City of Minne- apolis, to construct sidetracks to intersect any track or tracks of said railway company, within the limits of said city, for the purpose of conveying property to or from said railway, to any warehouse, lumber yard, coal or wood yard, stock yard or manufactory situated with- in one thousand feet of such railway, and shall deliver freight to and receive freight from any such warehouse, lumber yard, coal or wood yard, stock yard or manufactory situated upon any such sidetrack, under the direction and regulations of said St. Paul & Northern. Pacific railway, its successors or assigns; but without discrimina- tion between the owners or lessees of any such warehouse, lumber yard, coal or wood yard, stock yard or manufactory. SEC. 15. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 499 ST. PAUL & NORTHERN PACIFIC. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul and Northern Pacific Rail- way Company the Right to Construct, Maintain and Operate a Sidetrack on First Street North, in the City of Minneapolis, to Block Eight (8) of North Minneapolis. (Passed Nov. 18, 1885. Approved Nov. 21, 1885, 11 C. P. 550.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority is hereby given and May main- granted to the St. Paul & Northern Pacific Railway Company, its track. successors and assigns, to lay, maintain and operate for all railway purposes a sidetrack connecting with its line of railway on First street north, in the City of Minneapolis, commencing on First street north, at a point to be selected by it opposite lot five (5) of block four (4) of Cobb's Addition to Minneapolis, and running southerly and southwesterly by the most feasible route from the point of com- mencement on and diagonally across First street north and Twenty- third avenue north to block eight (8) of North Minneapolis. First St. Twenty- third Ave. N. operated. The right to operate this sidetrack shall include the right to pass How and repass thereon with cars and locomotive engines in the usual manner of railway operations. SEC. 3. The said railway compay, its successors and assigns, by the acceptance of this ordinance, undertakes and agrees that it will keep and maintain the portions of the streets used by it, by virtue of this ordinance, in good condition for public travel; keeping the same planked, paved, macadamized or otherwise improved as the City Council of said city may from time to time direct. Location. SEC. 2. The City of Minneapolis does not undertake to inter- fere with any of the rights of persons or with private property, and does not to any extent undertake, that as against private persons the privileges hereby granted or attempted to be granted can be enjoyed, and does not assume and will not be liable for any claims for dam- Not liable ages because of this grant. for damages. SEC. 4. The City of Minneapolis reserves the right to enter upon said streets to excavate therein, and do all work thereon necessary in the repair and construction of sewers, gutters, water mains, gas pipes, or other works of public character. And said railway com- pany, its successors and assigns, shall afford all reasonable aid and facilities to said city in doing such work, and shall protect its road during such work, and if necessary take up and relay its tracks at their own expense. SEC. 5. This ordinance shall take effect and be in force from and after its publication. City rights. warrants no Acceptance of ordinance. Effect thereof. Street repairs. And keeping the plank pavement or other surface of the street Pavement. at a level with the top of the rails of its track. The portion of the streets to be so kept and maintained by the said railway company Space is all the space between its rails and also a space at least twelve inches between wide outside of the outside rail. rails, etc. Public im- provements. Company to aid, and re- lay tracks. To take effect. 500 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Single or double track. Location. Thirty-first Ave. NE. California St. Grand St. Randolph St. Marshall St. Grade of tracks. Planking. Pavement on crossings, Crossings to be unob- structed by cars, etc. Culverts. Regulations for public safety, com- pany to conform to. Plans, etc., to be filed by company. ST. PAUL & NORTHERN PACIFIC. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul and Northern Pacific Rail- way Company the Right to Construct, Operate and Maintain Lines of Railway Over, Along and Across Certain Streets, Avenues and Public Ways in the City of Minneapolis. (Passed Nov. 25, 1892. Approved Nov. 26, 1892. Published Nov. 29, 1892, in The Minneapolis Times, 18 C. P. 669.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the St. Paul & Northern Pacific Railway Com- pany and its successors and assigns be, and they hereby are, granted the right to construct, operate and maintain a single or double track railway line over, along and across the following named streets, ave- nues and public grounds in said city, as follows, to-wit: Over and along Thirty-first avenue northeast, from Main street, west to and on a tract of unplatted land abutting on the Mississippi river. Across California street. Across Grand street. Across Randolph street. Across Marshall street. SEC. 2. The said lines and tracks of railway shall conform to the grade of the said Thirty-first avenue northeast, and to that of the said cross streets, as the same now is or hereafter may be estab- lished. SEC. 3. Said railway company, its successors and assigns, shall, when required by the said City Council, properly plank between the rails of each track, and between the different tracks, and for a space of fifteen inches outside of each outer rail, at each of the said four streets crossed by said Thirty-first avenue northeast. Should any of said streets or avenues ever be paved, said City Council may require said crossings, streets or avenues to be paved in like manner as said streets or avenues are paved in place of such planking; and all such crossings as shall be used by the public and designated by said City Council, shall be kept open, free and clear of standing cars, trains, locomotives, or other obstacles for free pub- lic travel. And said railway company, its successors and assigns, shall con- struct and maintain such suitable culverts across any of said streets or avenues which may be necessary for draining off the surface water. SEC. 4. Said railway company, its successors and assigns, shall also, in operating said road upon or across said streets, conform to all lawful and reasonable regulations which shall be made by said City Council respecting the running of cars and engines, applicable to other railways in said city, and respecting precautions touching the public safety. SEC. 5. Said railway company shall, within thirty days from the publication hereof, file with the City Engineer of said city, a map RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 501 ST. PAUL & NORTHERN PACIFIC. 1 or plan and profile, showing as near as may be the exact location of such tracks, the embankments necessary in constructing the same, or the cuttings to be made across any of such streets. SEC. 6. The City Council hereby reserve the right at any time to declare this ordinance null and void, or to amend, change or repeal this ordinance, and to revoke the grant hereby made, as to the City Council it may seem advisable, and within ninety days after the re- peal of this ordinance the said railway company is hereby required to remove its tracks from the streets above specified, and to restore the streets to the same condition that they were in prior to the passage of this ordinance. The city also reserves the right to excavate under said tracks at any time for the purpose of constructing sewers or laying water or gas mains therein. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul and Northern Pacific Rail- way Company at the Request of G. Gluek & Sons and for Their Use and Accommodation, and for the Use and Accom- modation of their Successors and Assigns, Permission to Con- struct and Operate a Certain Spur Track Upon and Across Grand Street in the City of Minneapolis. (Passed Dec. 16, 1892. Approved Dec. 20, 1892. Dec. 22, 1892, in The Minneapolis Times, 18 C. P. 702a.) effect. SEC. 7. This ordinance shall take effect and be in force from To take and after its publication. Published repeal ordi- Council may nance, etc. Removal when of tracks, Public im- provements. The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of G. Gluek & Sons and for their use and accommodation, and for the use and accommodation of their successors and assigns, permission and authority are hereby granted to the St. Paul & Northern Pacific Railway Company to construct, main- tain and operate upon and across Grand street in the City of Minne- Across apolis a spur track, as follows, to-wit: Grand St. Said track shall cross said Grand street at right angles to the Location. direction of said street at some point between the north and south lines of Lot 26, Auditor's Subdivision No. 34. track. SEC. 2. Said spur track shall at all times cross said Grand street Grade of at the present grade or such grade as may hereafter be established by the City Council, and said company shall not permit its cars to be left standing upon the crossing of said street, and shall at all times keep said crossing planked. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur track or said street in which the same is located, and said railway company shall hold the City of Minneapolis harmless from any and all May main- track. tain spur Cars not to crossing. stand on Planking. City not damages. 502 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Indemnity of city. City may repeal or modify ordinance. Repeal to take effect, when. Public im- provements. To take effect. May main- tain spur track. Across Twenty- third Ave. N. Location, First St.N. Twenty- second Ave. N. Twenty-third Ave. N. First St. N. ST. PAUL & NORTHERN PACIFIC. damage occasioned by reason of the construction or maintenance of said spur track across said street. SEC. 4. The grant made in the foregoing sections of this ordi- nance is made upon the expressed condition that the City Council of the City of Minneapolis has and reserves to itself the right to main- tain, change or repeal this ordinance or to modify the same as it may deem advisable. Provided, however, that said repealing ordinance, if any, shall take effect not less than ninety (90) days from and after its publica- tion and giving ninety (90) days' notice in writing of such publica- tion to each of said parties. The city also reserves the right to excavate under said track at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein. SEC. 5. This ordinance shall take effect and be in force from and after its publication. ST. PAUL & NORTHERN PACIFIC. An Ordinance Granting to the St. Paul & Northern Pacific Rail- way Company, at the Request of the Joannin & Hansen Com- pany, for their Use and Accommodation, and for the Use and Accommodation of Their Successors and Assigns, Permission to Construct and Operate a Spur Track Upon First Street North, Across Twenty-third Avenue North, in the City of Minneapolis. (As Amended April 20, 1895, 21 C. P. 181.) (Passed Dec. 14, 1894. Approved Dec. 18, 1894. Published Dec. 20, 1894, in The Minneapolis Times, 20 C. P. 766. As amended April 24, 1895, 21 C. P. 181.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of the Joannin & Hansen Company, for their use and accommodation, and for the use and accommoda- tion of their successors and assigns, permission and authority are hereby granted to the St. Paul & Northern Pacific Railway Company to construct, maintain and operate upon First street north, across Twenty-third avenue north, in the City of Minneapolis a spur track as follows, to-wit: Beginning at a point where the south line of Twenty-second avenue north intersects the track of said railway company on First street north; thence across Twenty-second avenue north in a north- westerly direction, to a connection with the spur track now laid across and along the easterly side of block eight (8) of Cobb's Addi- tion to North Minneapolis; thence along and over said sidetrack in said block eight (8) to the south line of Twenty-third avenue north; thence across Twenty-third avenue north and along First street north on a line near to and parallel with the east line of block four (4) of Cobb's Addition to North Minneapolis, to the south line of Twenty- fourth avenue north. (As amended April 24, 1895, 21 C. P. 181.) RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 503 NORTHERN PACIFIC. track. SEC. 2. Said spur track shall at all times be constructed and Grade of maintained upon and across said street and avenue at the present grade, or such grade as may hereafter be established by the City Council, and said company shall not permit its cars to be left stand- ing upon the crossing of said street and avenue, and shall at all times keep said crossing planked. of city. SEC. 3. The City of Minneapolis shall not be subjected to any claim for damages on account of any change of grade of said spur track or said street in which the same is located, and said railway company shall hold the City of Minneapolis harmless from any and Indemnity all damage occasioned by reason of the construction, operation or maintenance of said spur track across and upon said street and ave- nue, and any and all damage so occasioned, said railway company agrees and binds itself to pay by the construction of said track in accordance with and under the permission hereby granted. SEC. 4. The grant made in the foregoing sections of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance or to modify the same as it may deem advisable. The city also reserves the right to excavate under said track at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein, or for any other public improvement. SEC. 5. This ordinance shall take effect and be in force from and after its publication. 1 NORTHERN PACIFIC. An Ordinance Providing for a Contract With the Northern Pacific Railway Company, Its Successors and Assigns, Covering the Right to Construct, Maintain and Operate Lines of Railway Upon, Over and Across Certain Streets and Public Grounds in the City of Minneapolis and Providing for Certain Bridges, Crossings, Gates and Watchmen. repeal, etc. Provided, however, that said repealing ordinance, if any, shall Notice of take effect not less than ninety (90) days from and after its publica- tion and giving ninety (90) days' notice in writing of such publica- tion to each of said parties. (Passed June 8, 1900. Approved June 14, 1900. Published June 16, 1900, in The Minneapolis Times, 26 C. P. 227.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority are hereby granted to the Northern Pacific Railway Company, its successors and assigns, to construct, renew, maintain and operate, with locomotive engines, cars and trains of cars, railroads and railway lines and tracks, in the City of Minneapolis, as follows, to-wit: Cars not crossing. to stand on Planking. liable for City not damages. City may modify repeal or ordinance. Public im- provements. To take effect. C May main- tracks, etc. 504 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. One or more tracks. Location. First. A railroad with one or more tracks and all necessary switches, sidetracks, and turnouts, beginning at the north boundary line of the City of Minneapolis at a point 1,397 feet distant, more or less, and westerly from the northeast corner of section three (3) in township twenty-nine (29), north of range twenty-four (24) west; thence southeasterly on the easterly side of and parallel with the Great Northern railway track, as the same is now located and constructed over the northeast quarter (N. E. 4) of section three (3), township twenty-nine (29), range twenty-four (24) west, crossing Thirty- seventh avenue northeast; thence across the northeast quarter (N. E. 14) of the southeast quarter (S. E. 4) of section three (3), town- ship twenty-nine (29), range twenty-four (24) west, to the west line of section two (2) of township twenty-nine (29), range twenty-four (24); thence across and over the southwest quarter (S. W. ¼) of section two (2) of township twenty-nine (29), range twenty-four (24) to a point on the south boundary line of said section two (2), which is distant 1,157 feet, more or less, east from the southwest (S. W.) corner of said section, crossing Thirty-first avenue northeast; thence across the north half (N. ½) of the northwest quarter (N. W. 14) of section eleven (11), township and range aforesaid, crossing Jarrett street, University avenue and the territorial road, to the north- ern line of Phillips' Addition to Minneapolis; thence in the same direction across said Phillips' addition over Twenty-seventh, Twenty- sixth and Twenty-fifth avenues northeast and Fifth, Sixth and Sev- enth streets to Lennon & Newell's Addition to St. Anthony; thence Twenty-fifth in the same direction across the said last named addition over Twenty- Jarrett St. University Ave. Territorial Road. Twenty- seventh, Twenty- sixth and Aves. NE. fifth, Twenty-fourth, Twenty-third and Twenty-second avenues north- east and Seventh, Washington and Jefferson streets to Cobb's Addi- Twenty-fifth, tion to St. Anthony; thence in the same direction and by a curve to Fifth, Sixth and Seventh Sts. the left in a more easterly direction over and across the last named addition, crossing Twentieth, Nineteenth and Eighteenth avenues and Madison and Monroe streets, to East Side Addition to Minneapolis; thence by a curve to the left in a more easterly direction over and across the last named addition, crossing Monroe and Quincy streets. and Eighteen-and-a-half and Eighteenth avenues northeast to the south line of Section II aforesaid; thence in a southeasterly direction over and across certain unplatted tracts of land situated in the north half (N. ½) of the Northeast quarter (N. E. 4) of the Northeast quar- ter (N. E. 4) of Section fourteen (14), Township and Range afore- said; to Johnson's Addition to St. Anthony crossing Eighteenth ave- Eighteen-and nue northeast; thence in the same direction across the last named ad- and Eighteenth Aves. NE. Madison St. Monroe St. Quincy St. - Twenty- fourth, Twenty- third and Twenty- second Aves. NE. Seventh St. Washington St. Jefferson St. Twentieth, Nineteenth one-half and Eighteenth Aves. NE. Eighteenth Ave. NE. Van Buren St. NORTHERN PACIFIC. dition, crossing Van Buren street, Central avenue and Fifteenth ave- nue northeast to the east line of said Section fourteen (14); thence in the same direction across and over certain tracts of unplatted land situ- ated in the northwest quarter (N. W. 4) of Section thirteen (13), Central Ave. Township and Range aforesaid, crossing Central avenue and Polk Fifteenth Ave. NE. Central Ave. Polk St. Filmore St. Pierce St. street, and Fillmore street to Cummings' Second Addition; thence in the same direction across the last named addition, crossing Fillmore, Pierce, Buchanan and Broadway streets and all intervening alleys, to Buchanan St. the easterly line of Block three (3), said Addition; thence in the same Broadway. Alleys. direction across and over an unplatted tract of land situated in the RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 505 NORTHERN PACIFIC. Johnson southeast quarter (S. E. 4) of the northwest quarter (N. W. 4) of Broadway Section thirteen (13) aforesaid, crossing Broadway street to Ram- sey, Lockwood and Others' Addition; thence in the same direction, across the last named addition, crossing Broadway, Lincoln and John- Lincoln St. son streets to the north and south line through the center of Section thirteen (13) aforesaid; thence in the same direction across and over the unplatted tracts of land situated in the west half (W. ½) of the southeast quarter (S. E. 4) of said Section thirteen (13) and cross- ing Johnson street to James Stinson's Boulevard Addition; thence in the same direction over and across the last named addition and El- well's Second Addition to Minneapolis, crossing D, E, F and G streets, Stinson's Boulevard, Winter and Division streets to Elwell's Addition to Minneapolis; thence in the same direction over and across the last named addition, crossing Division street and Eighteenth avenue south- east, to Way's Addition to Minneapolis; thence in the same direction across Way's Addition to Minneapolis and Elwell & Higgin's Addition to Minneapolis, crossing Eighteenth, Nineteenth, Twentieth and Twenty-first avenues southeast, Division street, Talmage avenue, and all intervening alleys, to the west line of the northeast quarter (N. E. 14) of the northwest quarter (N. W. 4) of Section nineteen (19), Township twenty-nine (29), Range twenty-three (23) West; thence in the same direction across unplatted lands in Section nineteen (19), same Township and Range, to the easterly line of said section, which is the easterly boundary line of the City of Minneapolis, crossing to reach said point Como avenue and Elm street. It being the intention and purpose hereby to ratify and authorize the construction, maintenance and operation of one or more main tracks, and all necessary switches, side-tracks and connections, sub- stantially on the line of the present Northern Pacific Railway tracks between the first and last points named in the foregoing description, and over and across all streets and alleys intervening between said points over or across which said railroad is or may be constructed. ! D, E, Fand G Sts. Stinson Winter St. Boulevard. Division St. Eighteenth Ave. SE. Nineteenth, first Twentieth and Twenty- Aves. SE Talmage Ave. Division St. Alleys. Como Ave. Elm St. ordinance. Purpose of To ratify and author- tracks. ize certain Second. A railroad with two or more tracks, necessary and con- venient switches, side-tracks, spurs and connections, beginning at a point on the westerly boundary line of Twentieth avenue south and thirty-one (31) feet, more or less, distant in a northeasterly direction from the south line of Lot Eight (8), Block Six (6), Hancock & Rice's Addition to Minneapolis; thence in a southeasterly direction over and across the said addition, crossing Twentieth and Twenty-first avenues south, to the west boundary line of Government Lot Eight (8), Sec- tion twenty-five (25), Township twenty-nine (29) North, and Range twenty-four (24) West; thence by a curve to the left and by a line tangent thereto nearly due east, over and across the said Government lot, to the Mississippi River; thence in the same direction and over Mississippi and across the Mississippi River to St. Anthony City, now a part of Minneapolis; thence in the same direction, over and across St. An- thony City, crossing Prospect, Pleasant, State, Church, Union, Har- vard, Walnut and Oak streets and University avenue to Regent's Ad- dtion to Minneapolis; thence in the same direction and by a curve to the right in a southeasterly direction, over and across the last named river, tracks. Additional One or more. Location. Twentieth Ave. S. Twenty- first Ave. S. Prospect St. State St. Pleasant St. Union St. Walnut St. Harvard St. Oak St. University Ave. 506 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. • Malcolm Ave Intention of grant to ratify pres- ent main tracks, etc., of N. P. Ry. ty-fourtii, Twenty- fifth and Twenty- sixth Aves. SE. Fourth St. University Ave. third. Twen- addition, crossing Twenty-third, Twenty-fourth, Twenty-fifth and Twenty-sixth avenues southeast, Fourth street and University avenue, to the north and south line through the center of Section number thirty (30), Township twenty-nine (29) North, and Range twenty-three (23) West; thence in the same direction over and across certain un- platted tracts situated in the west half (W. ½) of the northeast quar- ter (N. E. 4) of said Section thirty (30), crossing Mary street, to the north and south line through the center of the northeast quar- ter (N. E. 4) of said Section thirty (30); thence in the same di- rection by a curve to the left, over and across unplatted lands in the southeast quarter (S. E. 4) of the northeast quarter (N. E. 4) of said Section thirty (30) to the easterly line of said Section thirty (30), which is also the boundary line of the City of Minneapolis, cross- ing Malcolm avenue. Mary St. Grades of tracks to conform to street grades. Iron viaduct over Twen- tieth Ave. S. Description. Iron viaduct over Twenty-first Ave. S. Description. Tracks below street grade, where. Track grade at Union St., etc. Grade at Oak St. and, University Ave. Bridges at Union and Harvard Sts. when directed by council. Indemnity of city. Change of grade. NORTHERN PACIFIC. It being the intention and purpose hereby to ratify and authorize the construction, maintenance and operation of one or more main tracks, and all necessary switches, side-tracks and connections, sub- stantially on the line of the present Northern Pacific Railway tracks between the first and last points named in the foregoing description, and over and across all streets and alleys intervening between said points over or across which said railroad is or may be constructed. The tracks and lines of railway described above shall conform to the established grade of the several streets, avenues and alleys, except as hereinafter otherwise specified, provided, that such grade shall be a reasonable grade. SEC. 2. The tracks of the Railway Company, location of which is specified in paragraph "Second" of Section I hereof, shall be carried over Twentieth avenue south by a double track iron railroad viaduct, consisting of spans thirty-six feet long supported by iron posts and suitable masonry, abutments and piers. The said track shall be carried over Twenty-first avenue south by means of a double track iron railroad viaduct, consisting of one span 72 feet long over the roadway, and one forty-foot and one thirty-six- foot span extending over the sidewalk all supported by suitable ma- sonry. The said tracks shall cross Prospect, Pleasant, State and Church streets, below the grade of the same. The tracks shall cross Union, Harvard and Walnut streets at such a grade as will be suitable and proper with reference to the grade at which they will be required to cross Oak street and University avenue, as hereinafter provided, and with reference to the bridges which may be constructed as herein provided. The said tracks shall cross Oak street and University avenue at the present grades of the same. SEC. 3. At such time as the Council may order and direct, the said Railway Company shall construct bridges of suitable character as to material and style and of sufficient size to accommodate public travel over and across its track where the same crosses Union and Harvard streets. The said Railway Company shall protect and save harmless the City of Minneapolis from any and all claims for damages by individuals. by reason of any change of grades at said Union and Harvard streets. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 507 NORTHERN PACIFIC. how paid. and Como avenue, hereinafter mentioned. It is understood that all Damages, such damages, if there be any, shall be adjusted and paid by the Nor- thern Pacific Railway Company, and said Northern Pacific Railway Company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary for such pur- pose, and will wholly relieve said City of Minneapolis from defend- ing the same, and shall assume and pay all judgments recovered therein. Said railway company shall, at its sole cost and expense, when- ever the City Council may so order and direct, separate the grades at the crossing of said railway and Como avenue and build all suitable structures to effect such separation. The plans for such structures shall be satisfactory to the Engineer of said city. All such bridges and structures, with their walls, foundations, approaches and everything connected therewith, shall be done by the said Railway Company, and at its sole expense, and under the imme- diate supervision of the City Engineer, and to the entire satisfaction of the City Council of the City of Minneapolis. And all such bridges, structures, walls, foundations, approaches and everything connected therewith shall not be constructed until the City Council shall have first specifically directed the construction thereof, and have approved of and adopted plans and specifications therefor. SEC. 4. The said tracks shall be constructed and maintained over the course set forth in subdivision "First" of Section 1 hereof, at sub- stantially the same grade as that at which they are now constructed, except as herein provided. Suits, com- pany to de- fend, and pay Separation Como Ave. of grade at Council may require. Plans, ap- proval City Engi- neer. Bridges to its expense. approval, be built by company at Subject to when. City directs and approves plans, etc. construction Grade of tracks in 1st subdivision, The said Railway Company shall construct, maintain and operate. at the crossings hereinafter named, signal gates of the most approved Signal gates. pattern for the protection of travelers over said crossings and shall employ and keep on duty watchmen for the operation of said gates, and Watchmen. said Company shall have such watchmen on duty and shall operate said gates continuously and for all time after the construction of said gates from five o'clock in the morning until eleven o'clock at night of each day. Said gates shall be constructed at the crossing by said Railway Where con- of Como avenue, Broadway and Central avenue, and after the lapse of two years from the passage hereof, the Council may order and said Railway Company shall thereupon construct and in like manner main- tain and operate gates at the crossing of said Railway with Stinson Same. boulevard, Division street and Fillmore street. structed. Gates, when operated. Whenever said City may need culverts under said tracks to allow Culverts. surface water to drain off, the Railway Company, its successors or assigns, shall build such culverts and pay the cost thereof. streets, etc. SEC. 5. Said Railway Company, its successors and assigns, shall Repairs of always keep and maintain that portion of every street and alley now crossings, or hereafter crossing said railroad upon or across which said track shall be constructed at or near the grade of such streets, in good con- dition for public travel, and shall keep the crossings planked, paved, Planking, macadamized or otherwise in such condition for public travel as may be reasonable and proper and as the City Council may from time to time direct, keeping the crossings at a level with the top of the rails of the track. paving, etc. 510 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Grants not warranted. Subject to rights of others. City not liable for damages. To take effect. May main- tain spur track. Location. Pacific St. Mill St. 23rd and 24th Aves. N. 21st Ave. N. Grade of track. Conditions of grant. Drains. Cars not to obstruct .street. NORTHERN PACIFIC. SEC. 13. The City of Minneapolis in nowise warrants any of the privileges herein granted or attempted to be granted, but all such grants are made subject to all the rights which any other company now has to occupy the same ground, and also subject to all the rights which said Company, all other companies and private persons now have to all subject matter of said grants, and said City is not to be subject to any claim for damages on account of any matters herein contained. SEC. 14. This Ordinance shall take effect and be in force from and after its publication. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate a Spur Track From the Present Right of Way and Tracks of Said Railway Company in Block 3 of Cobb's Addition to Minneapolis, East- erly Across Pacific Street, Between Twenty-third and Twenty- fourth Avenues North, Across Mill Street, Between Twenty- third and Twenty-fourth Avenues North, Southerly Across Twenty-third and Twenty-second Avenues North, Between Mill Street and the Mississippi River, and Across Twenty- first Avenue North, Between Pacific Street and Said River, Terminating in Block 3 in the Town of North Minneapolis. Passed May 10, 1901. Approved May 11, 1901. Published May 14, 1901, in The Minneapolis Times, 27 C. P. 200.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pacific Railway Company to construct, maintain and operate a spur track from the present right of way and tracks of said Railway Company in Block 3, Cobb's Addition to Minneapolis, easterly across Pacific street between Twenty-third and Twenty-fourth avenues north, across Mill street between Twenty-third and Twenty-fourth avenues north, southerly across Twenty-third and Twenty-second avenues north be- tween Mill street and the Mississippi River, and across Twenty-first avenue north between Pacific street and said River, terminating in Block 3 in The Town of North Minneapolis; Provided, however, that the grade of said spur track shall be made to. conform to any change which may hereafter be made in the grade of any of said streets or avenues. Provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the express con- dition, that the said Railway Company shall construct and maintain in proper condition under the direction of the City Engineer such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct, and said Railway Company shall not permit its cars to be left standing upon any of said streets or avenues RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 511 NORTHERN PACIFIC. so as in any manner to obstruct the same, and upon the further con- dition that the City of Minneapolis, and the City Council thereof, re- serves the right to excavate in said streets and avenues at any and Public im- all times for the purpose of constructing sewers and laying water and gas mains therein, and for other municipal purposes, and the said Railway Company shall pay the increased or additional cost of mak- ing excavations for such purposes, if any, by reason of the existence of said spur track on said streets or avenues, or any thereof. provements. Company to tional cost. addi- - Roadway and side- Restoration of. SEC. 2. At the places where said spur track crosses said streets and avenues said Railway Company shall, at its own expense, promptly walks. restore the roadway and the sidewalks to a good and safe condition, planking the roadway the whole width of said streets or avenues be- Planking. tween the curb lines and conforming each sidewalk to the width and lines of its continuations in each direction from said spur track, and shall, at its own expense, maintain such crossings and planking and Maintenance sidewalks thereof in like good condition as long as such spur track shall there remain. of. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said spur track should be removed from said streets or avenues, or any thereof, and the City Council is hereby made the sole judge of such necessity. Indemnity SEC. 3. Said Northern Pacific Railway Company shall hold the of city. City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across said streets and avenues. All such damages, if any there be, shall be adjusted and paid by the Northern Pacific Railway Company, and said Company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purposes, and will wholly relieve said City of Minneapolis from de- fending the same, and shall assume and pay all judgments recovered therein. Damages, how adjusted and paid. Suits, com- fend and judgments. pany to de- pay repeal Council may ordinance. Council sole judge of necessity. Acceptance to be filed. of ordinance SEC. 5. Before this ordinance shall be in force or effect the said Northern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance there- of executed by its proper officers within thirty days from the passage of this ordinance consenting to the terms and conditions of this ordi- Agreement. nance and agreeing to perform all acts and things required and agreed. to be done by said Railway Company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof as herein provided. 512 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain single spur track across Second St. N. E. Location. Grade of spur track (Passed June 28, 1901. Approved July 1, 1901. Published July 3, 1901, in The Minneapolis Times, 27 C. P. 292.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pacific. Railway Company, its successors and assigns, to construct, maintain and operate upon, over and across Second street northeast, between Seventeenth avenue northeast and Eighteenth avenue northeast (for- merly called Mulberry street), in the City of Minneapolis, at the grade of said Second street and on a line parallel with the southerly boundary line of said Eighteenth avenue and distant not more than eighty-five (85) feet south therefrom, a single spur track; provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Second street; and provided, further, that said Railway Company shall con- struct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct; and said Rail- way Company shall not permit its cars to be left standing upon said Second street so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to excavate in said Second street at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and that said Railway Company shall pay the increased or additional cost of mak- ing excavations for such purposes, if any, by reason of the existence of said spur track upon said Second street. Provided further, that the City of Minneapolis reserves the right to repeal this ordinance and the permission hereby granted whenever the public interests demand that said track be removed from said street and the City Council shall be the sole judge of such necessity. SEC. 2. At such crossing of said Second street, said Railway Company shall, at its own expense, promptly restore the roadway and sidewalks to a good and safe condition, planking the roadway the whole width of said Second street between the curb lines and con- forming each sidewalk to the width and lines of its continuations north and south from said spur track; and shall, at its own expense, main- tain such crossing and the planking and sidewalks thereof in like good condition as long as such spur track shall there remain. SEC. 3. Said Northern Pacific Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across how adjusted said Second street; all such damages, if any there be, shall be adjusted Damages, and paid. Drains. Cars not to obstruct street. Public im- provements. Additional cost paid by company. City may repeal ordinance. Council sole judge of necessity. Roadway and sidewalks, company to restore. Planking. Maintenance of crossing. Indemnity of city. NORTHERN PACIFIC. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate a Spur Track Over and Across Second Street Northeast, Between Seven- teenth and Eighteenth Avenues Northeast, in the City of Minneapolis. ww RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 513 NORTHERN PACIFIC. and paid by said Railway Company, and said Railway Company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary for such purpose, and will wholly relieve said City of Minneapolis from defending the same and shall assume and pay all judgments recovered therein. filed. SEC. 4. Before this ordinance shall be in force or effect, the said Acceptance Northern Pacific Railway Company shall accept the same by filing by company with the Clerk of the City of Minneapolis its written acceptance there- of, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions here- of, and agreeing to perform all the acts and things herein required to be done by the Railway Company. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate an Extension of the Spur Track of Said Railway Company Now Terminat- ing in Block Three (3) in the Town of North Minneapolis, Southerly Across Twentieth Avenue North, Between the Mississippi River and Pacific Street, and Across Nineteenth and Eighteenth Avenues North Between the Mississippi River and First Street, Terminating in Block Thirty-two (32) of Bassett, Moore & Case's Addition to Minneapolis. effect. SEC. 5. This ordinance shall take effect and be in force from and To take after its publication and the acceptance thereof by said Railway Com- pany as herein provided. (Passed Dec. 20, 1901. Approved Dec. 26, 1901. Published Dec. 30, 1901, in The Minneapolis Tribune, 27 C. P. 564.) Suits, com- pany to de- fend and judgments. pay Agreement. The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pacific Railway Company to construct, maintain and operate an extension of the spur track of said Railway Company now terminating in Block three (3) in the Town of North Minneapolis, southerly across Twen- tieth avenue north between the Mississippi River and Pacific street, and across Nineteenth and Eighteenth avenues north between the Mississippi River and First street, terminating in Block thirty-two (32) of Bassett, Moore & Case's Addition to Minneapolis. spur track. Provided, however, that the grade of said spur track shall be Grade of made to conform to any change which may hereafter be made in the grade of any of said avenues; of grant. Provided, further, and the said permission to construct, maintain conditions and operate said spur track hereby granted is upon the express con- dition that the said Railway Company shall construct and maintain in proper condition under the direction of the city engineer, such drain or drains in connection with said spur track as said City Engineer shall Drains. deem necessary and direct; and said Railway Company shall not per- May maintain extension of spur 20th Ave. N. track across 19th Ave. N. 18th Ave. N. 514 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Cars not to obstruct avenues. Public im- provements. Additional cost, how paid. Roadway and sidewalks. Restoration of same. Planking, etc. Indemnity of city. SEC. 2. At such places where said spur track crosses said ave- nues said Railway Company shall, at its own expense, promptly re- store the roadway and sidewalks to a good and safe condition, plank- ing or paving the roadway the whole width of said avenues between the curb lines and conforming each sidewalk to the width and lines of its continuations in each direction from said spur track; and shall, Maintenance at its own expense, maintain such crossings and plankings and side- walks thereof in like good condition as long as such spur track shall there remain. of crossings. Damages, how ad- justed and paid. Suits, com- pany to de- fend and pay C judgments. Flagman at 20th Ave. N. Removal and relaying of track, when. Expense of same. Restoration of roadway and sidewalks. Council may repeal ordinance. Council sole judge of necessity. Acceptance by company to be filed. NORTHERN PACIFIC. mit its cars to be left standing upon any of said avenues so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis, and the City Council thereof, at any and all times reserves the right to excavate in said avenues for the purpose of con- structing sewers, laying water and gas mains therein, and for other municipal purposes. And the said Railway Company shall pay the in- creased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track on said avenues or any thereof. SEC. 3. Said Northern Pacific Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across said avenues. All such damages, if any there be, shall be adjusted and paid by the Northern Pacific Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary, for such purposes; and will wholly relieve said City of Minneapolis from defending the same. and shall assume and pay all judgments recovered therein. SEC. 4. Said Northern Pacific Railway Company shall have and provide at its own expense, a flagman where said track crosses Twen- tieth avenue north, to warn and protect all persons using said avenue against and from all cars or trains crossing said avenue on said track; and said Railway Company shall, during the life of this ordinance, re- move said track from said Twentieth avenue north during the months from May 1st to December 1st in each year, with the privilege of re- laying and using the same during the months from December 1st to May 1st in each year. Such removal shall be at said Railway Com- pany's expense, and said Railway Company shall also, upon every such removal, restore the roadway and sidewalks of said avenue to the same condition they were in before said track was laid thereon. 호 ​SEC. 5. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests of the City of Minneapolis demand that said spur track should be removed from said avenues or any thereof; and the City Council is hereby made the sole judge of said necessity. SEC. 6. Before this ordinance shall be in force or effect, the said Northern Pacific Railway Company shall accept the same by filing with the city clerk of the city of Minneapolis, its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 515 NORTHERN PACIFIC. this ordinance and agreeing to perform all acts and things required Agreement. and agreed to be done by said Railway Company. SEC. 7. effect. This ordinance shall take effect and be in force from and To take after its publication and the acceptance thereof as herein provided. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate an Extension of the Spur Track of Said Railway Company Now Terminat- ing in Block Three (3) in the Town of North Minneapolis, from a Point in the Present Spur Track Between Twenty-third and Twenty-fourth Avenues North; thence Northerly on the River Bank Across Twenty-fourth and Twenty-sixth Avenues North to a Point on the River Bank Between Twenty-sixth and Twenty-seventh Avenues North. (Passed June 13, 1902. Approved June 14, 1902. Published June 18, 1902, in The Minneapolis Tribune, 28 C. P. 242.) The City Council of the City of Minneapolis do ordain as follows: track. Conditions SECTION I. Permission is hereby granted, for a period not to exceed ten years, to the Northern Pacific Railway Company to con- struct, maintain and operate an extension of the spur track of said Railway Company now terminating in Block three (3) in the Town of North Minneapolis, from a point on said spur track in Block one (1) of Cobb's Addition, northerly across Twenty-fourth and Twenty-sixth avenues north on the bank of the Mississippi River and terminating at a point on the bank of said river between Twenty-sixth and Twenty- seventh avenues north. Provided, however, that the grade of said Grade of spur track shall be made to conform to any change which may here- after be made in the grade of either of said avenues. Provided further, that said permission to construct, maintain and operate said spur track of grant. hereby granted is upon the express condition that the said Railway Company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and di- rect; and said Railway Company shall not permit its cars to be left standing upon any of said avenues so as in any manner to obstruct the same; and upon the further condition that the City of Minneapolis and the City Council thereof, at any and all times, reserve the right to Public im- excavate in said avenues for the purpose of constructing sewers, lay- ing water and gas mains therein, and for other municipal purposes; and the said Railway Company shall pay the increased or additional Additional cost of making excavations for such purposes, if any, by reason of the paid. existence of said spur track on said avenues, or any or either of them. SEC. 2. Said Northern Pacific Railway Company shall hold the Indemnity City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track across provements. cost, how of city. May main- tain exten- sion of spur track. Location. 24th Ave. N. 26th Ave. N. Drains. Cars not to obstruct avenues. 516 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Suits, com- pany to de- fend and pay judgments. Council may repeal ordinance. Damages, how adjust- said avenues. All such damages, if any there be, shall be adjusted and ed and paid. paid by the Northern Pacific Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein, if necessary, for such purpose; and will wholly relieve the said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. SEC. 3. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever in the opinion of this or any subsequent City Council the public necessities of the City of Minneapolis demand that said spur track should be removed from said avenues or either of them; and the City Council is hereby made the sole judge of such necessity. SEC. 4. Before this ordinance shall be in force or effect said Nor- thern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordinance, and agreeing to perform all acts and things required and agreed to be done by said Railway Company. SEC. 5. This ordinance shall take effect and be in force from and after its publication and acceptance thereof as herein provided. Council sole judge of necessity. Acceptance by Company to be filed. Agreement. To take effect. May main- tain four tracks. Location. Blue print map of same. Description. Fourth St. S. E. 22nd Ave. S.E. NORTHERN PACIFIC. NORTHERN PACIFIC. An Ordinance Providing for the Location, Construction and Main- tenance of Railroad Tracks by the Northern Pacific Railway Company Across Certain Streets and Alleys in the City of Minneapolis, and Granting the Right to Cross the Same Under Certain Conditions. (Passed July 11, 1902. Approved July 12, 1902. Published July 16, 1902, in The Minneapolis Tribune, 28 C. P. 298.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. Permission is hereby granted to the Northern Pa- cific Railway Company, a corporation organized under the laws of the State of Wisconsin, its successors and assigns, to construct, maintain and operate four railway tracks along the route hereinafter described and over and across the streets hereinafter named, and all streets and alleys intervening between the point of commencement and the point of termination of said route, substantially as shown in their respective positions and connections by the red lines upon a blue print map filed in the office of the City Clerk of the City of Minneapolis, on June 27, 1902, and marked "Correct, W. L. Darling, Chief Engineer. Approved June 27, 1902, G. W. Sublette, City Engineer;" said route and tracks being described as follows, to-wit: Commencing at the tracks of the Northern Pacific Railway Company as the same are now constructed near the intersection of Twenty-third avenue and Fourth street south- east in the City of Minneapolis; running thence westerly along said Fourth street and across Twenty-second avenue southeast; thence RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 517 NORTHERN PACIFIC. Ave. Ontario St. Ave. S. E. Bell St. northwesterly across Block 8 of Regents' Addition to the City of Min- neapolis; thence across Marshall avenue near the intersection of On- Marshall tario street or Twenty-first avenue southeast; thence across said On- tario street or Twenty-first avenue southeast, between Bell street and or 21st Marshall avenue; thence northwesterly across Bell street, between Twenty-first avenue southeast and Oak street; thence across Oak street north of Bell street; thence across Eighteenth avenue southeast, be- 18th Ave. tween the right of way of the Chicago, Milwaukee & St. Paul Rail- way Company and the Great Northern Railway Company, to the tracks of the Great Northern Railway Company near Eighteenth avenue southeast. S. E. tracks. Said railway tracks may be constructed over and across said Grade of streets and alleys at the established grade thereof, but should the grade of said streets or alleys be at any time changed, then and in that case the grade of said tracks shall be so changed as to conform to the Change grade of the streets and alleys. of grade. provements. Said Northern Pacific Railway Company, its successors and as- signs, shall construct and maintain in proper condition under the di- rection of the City Engineer such drain or drains in connection with said tracks as may be necessary, and said City Engineer shall direct. No railway company operating cars or trains over or upon said tracks shall permit its cars to be left standing over or upon any of the streets named herein longer than five minutes at any one time, nor shall such company obstruct the travel along any of said streets for a longer period than five minutes at any one time. The right of the City of Public im- and Minneapolis is reserved to excavate in all of said streets at any all times for the constructing of sewers, laying of water, gas and other pipes, and for any and all municipal purposes, and the railway com- pany maintaining said tracks at the time that such excavations shall be made by the said City of Minneapolis shall pay the increased or addi- tional cost involved in said excavation by reason of the tracks hereby paid. permitted to be maintained. The railway companies occupying and maintaining said tracks shall, wher the necessities of public travel and use require, and the City Council of the City of Minneapolis di- rect, establish and maintain and properly operate gates or other signals or devices for the protection of travelers along said streets, and such gates or signals shall be so constructed and operated as not to hinder or delay public travel along said streets more than may be absolutely necessary for the protection of travelers thereupon. Additional cost, how All roadways, pavements, sidewalks, curb stones and other im- provements or structures along or upon said streets which shall be in any manner removed, changed or obstructed, shall be replaced and properly repaired by said railway company, under the supervision and according to the direction of the City Engineer of the City of Minneapolis, within 30 days after the completion of any track or tracks constructed under the authority hereby given. Drains. Cars not to streets. obstruct Safety gates or signals. How con- operated. structed and Roadways, etc., re- placement sidewalks, and repair. maintenance by company. The railway company operating and maintaining said tracks shall Approaches, at all times maintain the approaches thereto for the full width of the streets crossed and for the full distance between the lines of the right of way, including the sidewalks and between the tracks so as to con- form to the streets on either side of said railway tracks. The pav- Paving. 518 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Assessments for local im- provements. Indemnity of city. Suits, com- pany to de- fend, etc. Council may repeal ordinance. Council sole judge of necessity. Acceptance by company to be filed, Agreement. Failure avoids ordinance. To take effect. NORTHERN PACIFIC. ing of the streets and sidewalks on either side and between the tracks shall be constructed and maintained by said railway company in the same manner and with the same material used in paving and construct- ing the streets and sidewalks on either side of said right of way. The railway company operating and maintaining the tracks per- mitted by this ordinance to be built shall pay all local assessments and improvements that may be levied upon the right of way described in and covered by this ordinance. SEC. 2. Said Northern Pacific Railway Company, its successors and assigns shall hold the City of Minneapolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said tracks across said streets and alleys, and shall as- sume the defense of any and all suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of de- fense, and will wholly protect and relieve the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Northern Pacific Railway Company, its successors or assigns, in connection with the building and maintenance of said tracks. SEC. 3. The City Council of the City of Minneapolis hereby re- serve the right to revoke the permission and authority hereby granted to the Northern Pacific Railway Company, its successors or assigns, whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said tracks shall be removed from the streets herein named, and the City Council is hereby made the sole judge of such necessity. SEC. 4. Before this ordinance shall be in force and effect, the said Northern Pacific Railway Company shall accept the same by fil- ing its written acceptance thereof with the City Clerk of the City of Minneapolis, executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing for itself, its successors and assigns to perform all acts and things required and agreed to be done by said railway company, its successors and assigns. A failure on the part of said railway company to file its acceptance as above stated, with the City Clerk as above provided, within the time limited, shall render this ordinance null and void and of no effect. SEC. 5. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by the said rail- way company as herein provided. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 519 NORTHERN PACIFIC. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate a Spur Track Upon Polk Street Northeast, from a Point Where the Right of Way of Said Railway Company Intersects Polk Street North- east, and to Extend Said Spur Track Southerly Upon Said Polk Street a Distance of 470 Feet. (Passed Feb. 13, 1903. Approved Feb. 14, 1903. Published Feb. 18, 1903, in The Minneapolis Tribune, 29 C. P. 67.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pa- cific Railway Company to construct, maintain and operate upon Polk street northeast, in the City of Minneapolis, at the grade of said street, a single spur track to extend from the southern boundary line of said company's right of way where the same intersects said Polk street northeast southerly for a distance of 470 feet upon said Polk street, all as shown by blue-print on file in the office of the City En- gineer and identified by the signature of said City Engineer. Pro- vided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade. of said Polk street northeast; and provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the express condition that the said railway com- pany shall construct and maintain in proper condition under the direction of the City Engineer such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct. And said railway company shall not permit its cars to be Cars not to left standing upon said Polk street so as in any manner to obstruct the same, and upon the further condition that the City of Minne- apolis and the City Council thereof reserves the right to excavate Public im- in said Polk street at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other munici- pal purposes, and the said railway company shall pay the increased or additional cost of making the excavations for such purposes, if cost. any, by reason of the existence of said spur track upon said Polk provements. Additional street. single May main- track on Polk St. Location. Blue print of same. track. Grade of Conditions of grant. Drains. obstruct street. SEC. 2. In case of any crossing of said Polk street by any road- way, said railway company shall, at its own expense, promptly con- struct a roadway across said spur track and restore said roadway to a good and safe condition, planking the roadway the whole width of said street between the curb lines, and shall, at its own expense, maintain such crossing and the planking thereof in like condition as long as such spur track shall there remain. And main- tained. Planking. SEC. 3. of city. Said Northern Pacific Railway Company shall hold the Indemnity City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track upon said street. All such damages, if any there be, shall be ad- justed and paid by the Northern Pacific Railway Company, and said Roadways track, how across constructed. Damages, how adjusted and paid. 520 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Council may repeal ordinance. Suits, com- pany to de- company shall assume the defense of any and all suits brought for the fend and pay recovery of the same, intervening therein, if necessary, for such judgments. purpose, and will wholly relieve the City of Minneapolis from de- fending the same, and shall assume and pay all judgments recovered therein. Sole judge of necessity. Acceptance by company to be filed. Agreement. To take effect. May maintain team track. On Second St. N. Location. Sidewalk space. Conditions of grant, Paving 2nd St. N. NORTHERN PACIFIC. SEC. 4. The City Council of the City of Minneapolis hereby reserves the right to revoke the authority and permission hereby granted whenever in the opinion of this or any subsequent City Coun- cil the public interests of the City of Minneapolis demand that such spur, track shall be removed from said Polk street northeast, and the City Council is hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect the said Northern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written accept- ance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as herein provided. NORTHERN PACIFIC. An Ordinance Granting to The Northern Pacific Railway Company Permission to Build, Maintain and Operate a Team Track on the Easterly Side of Second Street North. (Passed March 27, 1903. Approved March 28, 1903. Published April 1, 1903, in The Minneapolis Tribune, 29 C. P. 142.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pa- cific Railway Company to build, maintain and operate a railway track to be used as a team track for loading and unloading freight, in, over, along and upon that portion of said Second street north lying between the easterly line of said Second street north and a line parallel therewith and 122 feet distant westerly therefrom, measured at right. angles to said easterly line of said Second street north and between a point in said Second street north which is 1,083 feet northeasterly from the northerly line of Fourth avenue north and a point in said Second street north which is 130 feet southerly and measured at right angles to the southerly line of Tenth avenue north with the right to use so much of said street, including the sidewalk space, as may be necessary for such purpose, and no more. SEC. 2. The permission and authority hereby granted in Sec- tion of this ordinance is upon the express condition that the said Northern Pacific Railway Company shall pave Second street north from the south line of Seventh avenue north to the south line of Tenth avenue north, between the center line of said Second street RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 521 NORTHERN PACIFIC. north and the outer or westerly rail of the track herein permitted to be constructed in and by Section I hereof, and shall also pave one- half of Fourth avenue north from First street north to Second street north, that is to say one-half the roadway fifty feet in width outside and excepting such portion of said Fourth avenue north as is now occu- pied by the bridge therein over the present tracks of said Northern Pa- cific Railway Company, said paving and all of the same to be sand stone Sandstone laid upon sand foundation in a thoroughly good and workmanlike man- ner under the direction and supervision of the City Engineer of said city. paving. Paving ½ of Fourth Ave. N. Provided, that said railway company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said team track in said Second street north as said City Engineer shall deem necessary and direct, and provided, further, that the City of Minneapolis and the City Council thereof reserves the right to excavate in said Second street Public im- north at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal pur- poses, and the said Northern Pacific Railway Company shall pay the increased or additional cost of making excavations for such pur- cost. poses, if any, by reason of the existence of said team track upon said portion of second street north. provements. Additional Drains. SEC. 5. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway company, as herein provided. Damages, ed and paid. SEC. 3. Said Northern Pacific Railway Company shall hold the Indemnity City of Minneapolis harmless from any and all damages occasioned by reason of the construction and maintenance of said team track on said portion of said Second street north. All such damages, if any there be, shall be adjusted and paid by the Northern Pacific how adjust- Railway Company, and said company shall assume the defense in any and all suits brought for the recovery of the same, intervening therein if necessary for such purpose, and will wholly relieve said City of Minneapolis from defending the same and shall assume and pay all judgments recovered therein. pany to Suits, com- defend and pay judgments. company SEC. 4. Before this ordinance shall be in force and effect, the Acceptance said Northern Pacific Railway Company shall accept the same by to be filed. filing with the City Clerk of the City of Minneapolis its written acceptance thereof executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and conditions Agreement. of this ordinance and agreeing to perform all acts and things re- quired to be done by said railway company. To take effect. - 522 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain track across cer- tain streets and alleys. Location. Harrison St. Tyler St. Plat of same. Grade of track. Change of grade. Drains. Cars stand- ing on :streets. How long allowed. Public im- provements. Additional .cost. NORTHERN PACIFIC. NORTHERN PACIFIC. An Ordinance Providing for the Location, Construction and Main- tenance of a Railroad Track by the Northern Pacific Railway Company Across Certain Streets and Alleys in the City of Min- neapolis, and Granting the Right to Cross the Same Under Certain Conditions. Published July The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Permission is hereby granted to the Northern Pa- cific Railway Company, a corporation organized under the laws of the State of Wisconsin, its successors and assigns, to construct, maintain and operate a railway track along the route hereinafter described and over and across the streets hereinafter named and all streets and alleys intervening between the point of commencement and the point of termination of said route, to-wit: Commencing at a point east of Second avenue southeast in the City of Minneapolis, Minnesota, in lot eight (8) of block forty-one (41) of Cummings & Brott's Addition to the Town of St. Anthony Falls, said point being the place of connection of the proposed track with the present track of the said Northern Pacific Railway Company, running thence east- erly to and across Harrison street; thence easterly across block twenty- one (21) of Ramsey, Lockwood and Others' Addition to St. An- thony; thence easterly across Tyler street to a point near the boun- dary line of lots nine (9) and ten (10) in block twenty-two (22) in said last named addition. All as shown by the red lines on plat filed May 28, 1903, in the office of City Engineer. Said railway tracks may be constructed over and across said streets and alleys at the established grade thereof, but should the grade of said streets or alleys be at any time changed, then and in that case the grade of said tracks shall be so changed as to conform to the grade of the streets and alleys. Said Northern Pacific Railway Company, its successors and as- signs, shall construct and maintain in proper condition under the direction of the City Engineer such drain or drains in connection with said tracks as may be necessary and said City Engineer shall direct. No railway company operating cars or trains over or upon said tracks shall permit its cars to be left standing over or upon any of the streets named herein longer than five minutes at any one time, nor shall such company obstruct the travel along any of the said streets for a longer period than five minutes at any one time. The right of the City of Minneapolis is reserved to excavate in all of said streets at any and all times for the constructing of sewers, laying of water, gas and other pipes, and for any and all municipal pur- poses, and the railway company maintaining said tracks at the time such excavations shall be made by the said City of Minneapolis shall pay the increased or additional cost involved in said excavation by rea- son of the tracks hereby permitted to be maintained. The railway com- (Passed June 26, 1903. Approved July 2, 1903. 7, 1903, in The Minneapolis Tribune, 29 C. P. 303.) RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 523 NORTHERN PACIFIC. Safety gates panies occupying and maintaining said tracks shall, when the neces- sities of public travel and use require, and the City Council of the City of Minneapolis direct, establish and maintain and properly operate gates or other signals or devices for the protection of travelers along or signals. said streets, and such gates or signals shall be so constructed and operated as not to hinder or delay public travel along said streets How to be more than may be absolutely necessary for the protection of travelers. thereupon. operated. All roadways, pavements, sidewalks, curbstones and other im- provements or structures along or upon said streets which shall be in any manner removed, changed or obstructed, shall be replaced and properly repaired by said railway company, under the super- vision and according to the direction of the City Engineer of the City of Minneapolis, within thirty days after the completion of any track or tracks constructed under the authority hereby given. SEC. 2. Said Northern Pacific Railway Company, its successors and assigns, shall hold the City of Minneapolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said tracks across said streets and alleys, and shall assume the defense of any and all suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of defense, and will wholly protect and relieve the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Northern Pacific Railway Company, its suc- cessors or assigns, in connection with the building and maintenance. of said tracks. Roadway, etc., how re- sidewalks, stored, etc. The railway company operating and maintaining said tracks shall at all times maintain the approaches thereto for the full width of the streets crossed and for the full distance between the lines of the right of way, including the sidewalks and between the tracks so as to conform to the streets on either side of said railway tracks. The Paving. paving of the streets and sidewalks on either side and between the tracks shall be constructed and maintained by said railway com- pany in the same manner and with the same material used in paving and constructing the streets and sidewalks on either side of said right of way. The railway company operating and maintaining the tracks per- Lessments mitted by this ordinance to be built shall pay all local assessments Company and improvements that may be levied upon the right of way de- scribed in and covered by this ordinance. to pay. SEC. 4. Before this ordinance shall be in force and effect, the said Northern Pacific Railway Company shall accept the same by filing its written acceptance thereof with the City Clerk of the City of Minneapolis, executed by its proper cfficers, within thirty days How soon. Approaches, maintain. company to Extent of same. Indemnity of city. Suits, com- pany to de- protect city. fend and SEC. 3. The City Council of the City of Minneapolis hereby re- Council serve the right to revoke the permission and authority hereby granted ordinance. to the Northern Pacific Railway Company, its successors or assigns, whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that said tracks shall be removed from the streets herein named, and the City Council is hereby made the sole judge of such necessity. Sole judge of necessity. Acceptance to be filed. by company } 524 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Agreement. Failure to file avoids ordinance. To take effect. May maintain spur track. Across 32nd Ave. N. First St. N. Conditions of grant. Change of grade. Cars not to obstruct street. Planking. Public im- provements. NORTHERN PACIFIC. The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority is hereby granted to the Northern Pacific Railway Company to construct, maintain and operate for the use and benefit of the M. A. Gedney Pickling Company, a spur track upon and across Thirty-second avenue north and First street north, in the City of Minneapolis, at the present grade of said street and avenue, the center line of which said spur track shall be substan- Description. tially as follows: Beginning at a point on the west side of First street north at or near the southeasterly corner of Lot 5, Block 48, in Baker's Fourth Addition to Minneapolis; running thence south- easterly on a curved line to a point 6 feet north from the south line of said Thirty-second avenue north and on the extension of the line dividing the lots in Block 2 of Morrison's Addition to North Minne- apolis; thence east on a line parallel with and 6 feet distant from the south line of said Thirty-second avenue north to a point north of the east end of the factory building of said M. A. Gedney Pickling Com- pany on the south side of said Thirty-second avenue north. The grant of permission and authority hereby made is upon the express condition that no right of compensation shall accrue to said railway company or to said M. A. Gedney Pickling Company by rea- son of any change in the grade of said street or avenue, and that said railway company shall not permit its cars to be left standing upon said street or avenue so as in any manner to obstruct the same, and shall at all times keep said spur track planked in accordance with the provisions of the ordinances of the City of Minneapolis now or hereafter in force; and upon the further condition and understand- ing that the City Council of the City of Minneapolis reserves the right to excavate in said street and avenue at any and all times for the from the passage of this ordinance, consenting to the terms and con- ditions of this ordinance and agreeing for itself, its successors and assigns, to perform all acts and things required and agreed to be done by said railway company, its successors and assigns. A failure on the part of said railway company to file its acceptance as above stated, with the City Clerk as above provided, within the time limited shall render this ordinance null and void and of no effect. SEC. 5. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by the said rail- way company as herein provided. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission and Authority to Construct, Maintain and Operate a Spur Track Upon and Across Thirty-second Avenue North, in the City of Minneapolis. (Passed March 11, 1904. Approved March 16, 1904. Published March 19, 1904, in The Daily Times, 30 C. P. 88.) • + RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 525 NORTHERN PACIFIC. Retaining purpose of constructing sewers and laying water and gas mains therein. and for any other municipal purpose; and if at any time the existence of said spur track in said street and avenue shall make it inconvenient to make such excavation, the said railway company shall bear and pay the increased cost of making such excavation by reason of said spur track being in said street and avenue, if any; and upon the further condition that said railway company shall change and re-locate the spur track now existing upon said street and avenue at said loca- tion so as to conform with the lines hereinbefore described; and upon the further condition that during all the time said spur track shall be maintained and used as aforesaid the said railway company and said M. A. Gedney Pickling Company shall build, construct and maintain a proper and sufficient retaining wall, with a guard rail wall. thereon, and a stone sidewalk on said Thirty-second avenue north, from the west end of the bridge now in process of construction and sidewalk. to be constructed across the Mississippi river at said location to the west end of said factory building of said M. A. Gedney Pickling Location Company, the south side of said retaining wall to be parallel with and of wall. 12 feet north of the south boundary line of said Thirty-second avenue north and coincident with the extension west of the south line of said bridge across the Mississippi river at said location, and said retaining wall, guard rail and sidewalk to be constructed and main- tained to the satisfaction and approval of the City Engineer of the Approval City of Minneapolis. Guard rail. Stone of city engineer. Increased cost of same. Change of track. present SEC. 2. Said Northern Pacific Railway Company, its successors Indemnity and assigns, shall hold the City of Minneapolis harmless from any and of city. all claims for damages occasioned by reason of the construction and maintenance of said spur track across said street and avenue and shall assume the defense in any and all suits brought for the re- covery of the same, intervening in said suits if necessary for the pur- pose of defense, and will wholly protect and relieve the City of Min- neapolis from all liability of every kind and description on account of the acts or omissions of said Northern Pacific Railway Company, its successors or assigns, in connection with the building and main- tenance of said spur track. pany to de- Suits, com- fend, and protect city. revoke grant SEC. 3. The City Council of the City of Minneapolis hereby re- Council may serves the right to revoke and annul the permission and authority hereby granted whenever the City Council shall deem such revoca- tion and annulment advisable, and thereupon any and all permis- sion, authority and rights hereby granted shall cease. All rights to cease. to be filed. SEC. 4. Before this ordinance shall take effect and be in force Acceptance the said Northern Pacific Railway Company and said M. A. Gedney Pickling Company shall accept the same by filing their written accept- ance thereof with the City Clerk of the City of Minneapolis, executed by their proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordi- nance, and agreeing for themselves, their successors and assigns, to perform all acts and things required to be done by said railway company and said M. A. Gedney Pickling Company. A failure on the part of said railway company and said pickling company to file their acceptance of this ordinance with the City Clerk within the time Agreement. Failure to file avoids ordinance. 526 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. To take effect. May main- tain one track. A cross stock yard road. Location. Blueprint of same. Conditions. Drains. Public im- provements. Additional cost. Roadway and sidewalks. Restoration. Planking. Provided that said railway company shall construct and main- tain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said railway track as said City Engineer shall deem necessary and direct. And provided, further, that the City of Minneapolis and the City Council thereof reserve the right to excavate in said road at any and all times for the purpose of constructing sewer and laying water and gas mains therein and for other municipal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purpose, if any, by reason of the existence of said railway track upon said road. SEC. 2. At such crossing of said road said railway company shall, at its own expense, promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of said road between the curb lines and conforming each side- walk with the width and lines of its continuations in each direction Maintenance from said railway track, and shall, at its own expense, maintain such of crossing and planking. Indemnity of city. crossing and the planking and the sidewalks thereof in like good condition as long as such railway track shall there remain. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway track across said road. All said damages, if any there be, shall be adjusted and paid by the Damages, how adjust- ed and paid. NORTHERN PACIFIC. and as above provided shall render this ordinance null and void and of no effect. SEC. 5. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by the said railway company and said M. A. Gedney Pickling Company. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate One Railway Track Upon and Across the Stock Yard Road at a Point Where Fourteenth Avenue Northeast, if Extended, Would Cross Said Road, in the City of Minneapolis. (Passed March 11, 1904. Approved March 16, 1904. Published March 19, 1904, in The Daily Times, 30 C. P. 89.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority are hereby granted to the Northern Pacific Railway Company to construct, maintain and operate one railway track upon and across the Stock Yard Road at a point where Fourteenth avenue northeast, if extended, would cross said Stock Yard Road, in the City of Minneapolis, at the present grade of said road and at the location as shown in the blue-print marked "Exhibit A," filed in the office of the City Engineer on the 11th day. of March, 1904. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 527 NORTHERN PACIFIC. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission and Authority to Construct, Maintain and Operate Certain Sidetracks Across Certain Public Streets in the City of Minneapolis. said railway company, and said railway company shall assume the defense in any and all suits brought for the recovery of the same, in- tervening therein if necessary for such purpose, and will wholly re- lieve said City of Minneapolis .from defending the same and shall assume and pay all judgments recovered therein. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the permission and authority hereby granted whenever in the opinion of this or any subsequent council the public interests of the City of Minneapolis demand that said railway track shall be removed from said road, and the City Council of said city is hereby made the sole judge of such necessity. to be filed. SEC. 5. Before this ordinance shall be in force or effect, said Acceptance Northern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers within thirty days from the publication of this ordinance, consenting to the terms and conditions thereof and agreeing to do all acts and things required and agreed Agreement. to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company as herein provided. (Passed Aug. 11, 1904. Approved Aug. 18, 1904. Published Aug. 24, 1904, in The Daily Times, 30 C. P. 425.) Suits, com- fend and pay pany to de- judgments. Council may revoke grant. Sole judge of necessity. The City Council of the City of Minneapolis do ordain as follows: Description. SECTION I. Permission and authority is hereby granted to the Northern Pacific Railway Company to construct, maintain and operate, for the use and benefit of the Crescent Elevator Company, two addi- tional side or spur tracks upon and across Eighteenth avenue north- east and Washington street, commencing at a point on the main line Washington of said railway company on said Eighteenth avenue northeast, form- St. erly called Mulberry street, between Jefferson street and Washington street; thence westerly and northwesterly on said Eighteenth avenue northeast and across said Washington street to and across Lots one and twelve, in Block eighteen, in Cobb's Addition to St. Anthony; also to construct, maintain and operate one additional sidetrack upon and across Eighteenth avenue northeast and University avenue north- east, and two additional sidetracks across Fourth street northeast, formerly called Four-and-one-half street, commencing at a point on the main line of said railway company on said Eighteenth avenue northeast, between University avenue northeast and Third street north- east; thence northeasterly and easterly upon said Eighteenth avenue May main- tracks on two 18th Ave. N. E. Also one track upon 18th Ave. University N. E. and Ave. N. E. Also two across 4th tracks St. N. E. Description. 528 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Plat of same. No right of compensa- tion for change of grade. Cars not to obstruct streets. Planking. Public im- provements. Increased cost of same. Drains. Indemnity of city. Suits, com- pany to de- fend, and protect city. Council may revoke grant. Rights then to cease. Acceptance of ordinance to be filed. Agreement. Failure to file avoids ordinance. NORTHERN PACIFIC. northeast and across said University avenue northeast and Fourth street northeast to Block sixteen in said Cobb's Addition to St. An- thony, all as indicated by the red lines on a certain plat of said pro- posed sidetracks filed with the City Engineer of the City of Minne- apolis on August II, 1904. The grant of permission and authority hereby made is upon the "express condition that no right of compensation shall accrue to said railway company or to said Crescent Elevator Company by reason: of any change in the grade of said streets or avenues, and that said railway company shall not permit its cars to be left standing upon said streets or avenues so as in any manner to obstruct the same, and shall at all times keep said sidetracks planked in accordance with the provisions of the ordinances of the City of Minneapolis now or here- after in force, and upon the further condition and understanding that the City Council of the City of Minneapolis reserves the right to excavate in said streets and avenues at any and all times for the pur- pose of constructing sewers and laying water and gas mains therein and for any other municipal purpose; and if at any time the existence of said sidetracks in said streets and avenues shall make it inconvenient to make such excavation, the said railway company shall bear and pay the increased cost of making such excavation by reason of said sidetracks being in said streets and avenues, if any; and upon the further condition that said railway company shall con- struct and maintain in proper condition under the direction of the City Engineer such drain or drains in connection with said sidetrack as said City Engineer shall deem necessary and direct. SEC. 2. Said Northern Pacific Railway Company, its successors and assigns, shall hold the City of Minneapolis harmless from any and all claims for damages by reason of the construction and mainte- nance of said sidetracks across said streets and avenues, and shall assume the defense in any and all suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of defense, and will wholly protect and relieve the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Northern Pacific Railway Company in connec- tion with the building and maintenance of said sidetracks. P SEC. 3. The City Council of the City of Minneapolis hereby re- serves the right to revoke and annul the permission and authority. hereby granted whenever the City Council shall deem such revocation and annulment advisable, and thereupon any and all permission, au- thority and rights hereby granted shall cease. Ma SEC. 4. Before this ordinance shall take effect and be in force, the said Northern Pacific Railway Company and said Crescent Ele- vator Company shall accept the same by filing their written accept- ance thereof with the City Clerk of the City of Minneapolis, executed by their proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordi- nance, and agreeing for themselves, their successors and assigns,. to perform all acts and things required to be done by said railway company and said Crescent Elevator Company. A failure on the part of said railway company and said elevator company to file their ac- i RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 529 NORTHERN PACIFIC. ceptance of this ordinance with the City Clerk within the time and as above provided, shall render this ordinance null and void and of no effect. effect. SEC. 5. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by the said rail- way company and said Crescent Elevator Company. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate a Spur Track Upon First Street North, Commencing at a Switch in Its East Bound Main Track at a Point About 25 Feet South of the South Line of Seventeenth Avenue North and Running from Said Switch to the East Line of Block 31, at a Point Near the Northeast Corner of Lot 1, Block 31, Bassett, Moore & Case's Addition to Minneapolis. (Passed Dec. 23, 1904. Approved Dec. 27, 1904. Published Dec. 30, 1904, in the Daily Legal News, 30 C. P. 695.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pa- cific Railway Company to construct, maintain and operate upon First street north, in the City of Minneapolis, at the grade of said street, a single spur track, commencing at a switch in the east bound main track of said company at a point about 25 feet south of the south line of Seventeenth avenue north and running from said switch to the east line of Block 31, to a point near the northeast corner of Lot 1, Block 31, Bassett, Moore & Case's Addition to Minneapolis, all as shown by a blue-print on file in the office of the City Engineer, and identified by the signature of said City Engineer. Provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said First street north at said location; and provided, further, and the said permission to construct, maintain and operate said spur track hereby granted is upon the express condition that the said railway company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and direct. And said railway company shall not permit its cars to be left standing upon said spur track so as in any manner to obstruct the same, and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to excavate in said First street north at said location at any and all times for the purpose of con- structing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company shall pay the in- creased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said First street north. Single spur track on 4th St. N. Description. Blue print. Track to conform to change in grade. Drains. Cars not to street. obstruct Public im- provements. Additional cost, com- pany to pay. 530 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Company to construct roadway, when. Planking. Mainten- ance. Indemnity of city. Damages, how adjust- ed and paid. SEC. 3. Said Northern Pacific Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track upon said street. All such damages, if any there be, shall be adjusted and paid by the Northern Pacific Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such purpose, and fend and pay shall wholly relieve the City of Minneapolis from defending the same, Suits, com- pany to de- judgments. and shall assume and pay all judgments recovered therein. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted whenever, in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis or any other interests de- mand that such spur track shall be removed from said First street north at said Seventeenth avenue north, and the City Council it hereby made the sole judge of such necessity. SEC. 5. Before this ordinance shall be in force or effect, the said Northern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things required. and agreed to be done by said Northern Pacific Railway Company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as herein provided. Council may revoke grant. Sole judge of necessity. Acceptance of ordinance. Filing same. Agreement. To take effect. May main- tain single spur track on Water St. N. E. NORTHERN PACIFIC. SEC. 2. In case of any crossing of said First street north at said Seventeenth avenue north by any roadway, said railway com- pany shall, at its own expense, promptly construct a roadway across said spur track and restore said roadway to a good and safe condition, planking the roadway the whole width of said street and avenue, and shall, at its own expense, maintain such crossing and the planking thereof in like condition as long as such spur track shall there re- main. NORTHERN PACIFIC. An Ordinance Granting to the Northern Pacific Railway Company Permission to Construct, Maintain and Operate a Spur Track Upon Water Street Northeast, from the Main Line of Said Company's Tracks on Said Water Street Northeast, Between Fourteenth and Fifteenth Avenues Northeast, to the West Line of Lot 5, Block 5, Orth's Addition. (Passed Dec. 23, 1904. Approved Dec. 27, 1904. Published Dec. 30, 1904, in the Daily Legal News, 30 C. P. 696. As amended Feb. 28, 1905, 31 C. P. 96.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Northern Pa- cific Railway Company to construct, maintain and operate, upon RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 531 NORTHERN PACIFIC. Water street northeast, in the City of Minneapolis, at the grade of said street, a single spur track to extend from the main line of said company's track on said Water street northeast, between Fourteenth and Fifteenth avenues northeast, to the west line of Lot 5, Block 5, Orth's Addition, all as shown by a blue-print on file in the office Blue print of the City Engineer and identified by the signature of said engineer. Provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Water street northeast; and provided, further, and the said per- mission to construct, maintain and operate said spur track hereby granted is upon the express condition that the said railway company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said Drains. spur track as said City Engineer shall deem necessary and direct. And said railway company shall not permit its cars to be left stand- ing upon said Water street northeast, so as in any manner to obstruct the same, and upon the further condition that the City of Minne- apolis and the City Council thereof reserves the right to excavate in said Water street northeast at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company shall pay Additional the increased or additional cost of making the excavations for such purpose, if any, by reason of the existence of said spur track upon said Water street northeast. (As amended Feb. 28, 1905, 31 C. P. 96.) SEC. 2. In case of any crossing of said Water street northeast at said location by any roadway, said railway company shall at its own expense promptly construct a roadway across said spur track etc. and restore said roadway to a good and safe condition, planking the Planking. roadway the whole width of said street, and shall at its own expense Maintenance. maintain such crossing and the planking thereof in like condition as long as such spur track shall there remain. cost. ! Location. Change in track to street grade, conform. Cars stand- street. ing on Public im- provements. Company to pay. Roadway, company to construct, of SEC. 3. Said Northern Pacific Railway Company shall hold the Indemnity City of Minneapolis harmless from any and all damage occasioned by reason of the construction and maintenance of said spur track upon said street. All such damages, if any there be, shall be adjusted and paid by the Northern Pacific Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such purposes, and shall wholly relieve the City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. Damages. how paid, Suits.com- pany to de- judgments. fend and pay Council may revoke SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the authority and permission hereby granted grant. whenever in the opinion of this or any subsequent City Council the public interests of the City of Minneapolis demand that such spur track shall be removed from said Water street northeast, and the Sole judge City Council is hereby made the sole judge of such necessity. of necessity. Acceptance of ordinance. SEC. 5. Before this ordinance shall be in force or effect, the said Northern Pacific Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written Filing same. acceptance thereof, executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and con- 532 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Agreement. To take effect. One or more tracks. Location. 2nd St. 11th Ave. 1st St. 12th Ave. 13th Ave. Cedar Ave. Bluff St. 19th Ave. Conditions of grant. Maintenance of streets by company. Extent of same. Regulations for public safety. Company to conform to. Indemnity of city. MINNESOTA & NORTHWESTERN. ditions of this ordinance and agreeing to perform all acts and things. required and agreed to be done by said railway company. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as herein pro- vided. MINNESOTA & NORTHWESTERN. An Ordinance Granting to the Minnesota & Northwestern Railroad Company the Right to Construct, Maintain and Operate Its Railroad Over and Across Certain Streets in the Sixth Ward of the City of Minneapolis. (Passed Sept. 3, 1886. Approved Sept. 7, 1886, 12 C. P. 418.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission and authority is hereby granted unto the Minnesota & Northwestern Railroad Company, its succes- sors and assigns, to build, construct and forever maintain and operate its railroad, with one or more tracks, in the City of Minneapolis, on its line as now located, over and across the following named streets and avenues, situated in the Sixth ward of the City of Minneapolis, to-wit: Second street, Eleventh avenue, First street, Twelfth avenue, Thirteenth avenue, Cedar avenue, Bluff street and Nineteenth ave- nue, but there shall not be more than two tracks across Second street.. SEC. 2. That the permission and authority herein granted in Section I of this ordinance is granted upon the following conditions, viz.: First-That said railroad company, its successors and assigns, shall always keep and maintain that portion of every street and alley, upon or across which such tracks shall be constructed, which shall be at the grade of such streets, in good condition for public travel as the City Council may from time to time direct. The portion of the streets and alleys to be kept and maintained by the said railroad com- pany, its successors or assigns, shall include all the space between its different tracks and the rails thereof, and also a space outside of the outside rail of each outside track at least fifteen inches in width. And the said railroad company, its successors and assigns, shall also in operating said railway upon or across any streets and alleys. conform to all lawful and reasonable regulations which shall be made by the said City Council respecting the running of cars and engines applicable to other railroads in said city, and respecting the regula- tions touching the public safety, health and peace. And the said railroad company, its successors and assigns, shall indemnify and save harmless said city from all losses, claims or suits on account of the negligence of said company, its successors and assigns, or of any servant or employe thereof, in or about any matter or anything au- thorized or allowed to be done hereby in said streets, on the perform- ance of said work or any part thereof whereby said city shall be RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 533 MINNESOTA & NORTHWESTERN. put to any loss or claim for damages, and they shall upon notice of the commencement of any suit against said city for any such neglect defend such suit and pay and satisfy all judgments against the city therefor. Suits, com- pany to de- - fend and pay judgments. G provements. SEC. 3. The City of Minneapolis hereby reserves for itself, or Public im- any person having the right to do so, the right to enter upon all por- tions of said streets and avenues upon or over which said railway tracks shall be constructed, and to make thereon such excavations, and to do such other work thereon as may be necessary in the con- struction and repair of sewers, gutters, water mains, gas pipes, and other works of a public character, without being liable therefor to any claim for damages, and the said railroad company, its successors and assigns, shall render all reasonable aid and facilities to said city and its employes in aiding said work and shall at its own expense pro- tect, hold up or prop up its own tracks and property and relay said tracks at their own expense when said work shall be completed from time to time, and the City of Minneapolis reserves the right to lay out, extend or maintain any street, alley or avenue across the tracks of said railroad company, its successors or assigns, which the City Council may deem is required by the public necessity. City not liable, to aid, Company protect and relay track. ings across Street open- tracks. SEC. 4. Said railroad company shall within sixty days from the publication hereof, file with the City Clerk of said city an instru- ment in writing, executed by its proper officers, accepting the pro- visions herein contained, and containing an agreement on the part of said railroad company, its successors and assigns, to perform all the conditions of this ordinance, and upon default of filing such instru- ment of acceptance, and failing so to do, this ordinance may be re- Repeal, pealed at any time, and shall file in the office of the City Engineer of when. said city a map or maps and profiles showing the exact location of profiles to said tracks as the same shall be laid and operated. Maps and be filed. Acceptance of ordinance. Filing same. Agreement. Bridge over Mississippi. SEC. 5. If at any time the City Council shall desire to build bridges over the Mississippi river, or for any other reason in the in- terest of the public, said City Council shall require said railway com- pany, its successors or assigns, to build a bridge or bridges over, or a viaduct or viaducts under said railway company's tracks, and said railway company shall construct and maintain said bridge or bridges, or said viaduct or viaducts, and the approaches thereto, in such reasonable manner and time as said City Council may require; and said railway company, its successors or assigns, shall also furnish and keep open for public use a space of ground not less than thirty feet square on the southerly side of the intersection of Nineteen-and- one-half avenue south and the right of way of said railway com- pany. If the said railway company, its successors or assigns, shall at any time fail, neglect or refuse to conform to the provisions of this company's ordinance respecting the condition in which street crossings, bridges or viaducts, over or under all such tracks are kept, and such neglect or refusal shall continue for twenty-four hours after receiving any notice from the city to comply with the provisions of the same, and if said railway company shall not put the same in repair within three days after receiving said notice, said city may put the same in such repair, and may add to the costs thereof as a penalty and forfeiture penalty. for failing to repair the same within twenty-four hours, 50 per cent Repairs at expense. Costs and viaducts, Bridges or council may require construct company to same and approaches. Space for public use. 534 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Company to pay. Tracks, where not laid. To take effect. Streets vacated, 22nd Ave. S. E. 21st Ave. S. E. Belle St. Alley in blocks 2 and 3, Wash- burn's Sub. Alleys in blocks 1, 2, 3, 5 and 6, Chute's Sub- division. Fifth St. S. E. 23rd Ave. S. E. May main- tain railway tracks in East Minne- apolis. A cross Fourth St. MINNESOTA & NORTHWESTERN. of such cost additional as such penalty and forfeiture, and said cost. and penalty shall be paid by said railway company, its successors or assigns to said city. Said railway company shall not lay any of its tracks across First street or Twelfth avenue south nearer than eighty feet to the north corner of block 115, in the old town, now city, of Minneapolis. SEC. 6. This ordinance shall take effect and be in force from and after its publication. MINNESOTA & NORTHWESTERN. An Ordinance Vacating Certain Streets, and Parts Thereof, and Granting the Minnesota and Northwestern Railroad Company the Right to Construct, Maintain and Operate Its Railroad Over and Across Certain Streets in the Second Ward, in East Minneapolis, in the City of Minneapolis. (Passed Sept. 23, 1887. Approved Oct. 6, 1887. Published Oct. 14, 1887, 13 C. P. 738.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. All the following named streets, alleys and ave- nues, and parts thereof, as shown by the recorded plat thereof, are hereby vacated and discontinued, to-wit: Twenty-second (22d) ave- nue southeast from the north line of Marshall avenue to the north line of Chute's subdivision of the south half of lots eight (8), nine (9) and ten (10), of Brott's Addition of Outlots to St. Anthony City; also all that part of Twenty-first (21st) avenue southeast in said Chute's subdivision, lying north of a line drawn from the southeast corner of block three (3) to the northwest corner of block five (5) of said Chute's subdivision; also Belle street from the east line of Twenty- first (21st) avenue southeast to west line of Twenty-two-and-one-half (222) avenue southeast; also all the alleys in blocks two (2) three (3) of Washburn's subdivision of lots eleven (II) and twelve (12) of Brott's Addition of Outlots to St. Anthony City; and all of the alleys in blocks one (1), two (2), three (3), five (5) and six (6), of said Chute's subdivision; also all of Fifth street southeast, lying be- tween the south line of Marshall avenue, and a line drawn from the northerly corner of block ten (10) to the southerly corner of block three (3) in Regent's addition; and all of Twenty-third (23d) ave- nue southeast lying between blocks nine (9) and ten (10) in said Regent's Addition to Minneapolis. SEC. 2. That permission and authority is hereby granted unto the Minnesota & Northwestern Railroad Company, its successors and assigns, to build, construct, and forever maintain and operate its railroad with one or more tracks in East Minneapolis, in the City of Minneapolis, over and across the following named streets and ave- nues situate in Second ward of City of Minneapolis, to-wit: Fourth street between blocks nine (9) and fifteen (15). RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 535 MINNESOTA & NORTHWESTERN. Fifth street, front of lots seven (7) and eight (8), block thirteen Fifth St. (13), and on that portion of said Fifth (5th) street lying southerly of a line drawn from the easterly corner of lot eight (8), block ten (10), to the intersection of the center lines of said Fifth (5th) street and Twenty-third (23d) avenue southeast. Twenty-sixth avenue between blocks twelve (12) and teen (13). thir- Twenty-fifth avenue between blocks eleven (11) and twelve Twenty-fourth avenue between blocks ten (10) and eleven all in said Regent's addition. (12). (II), Marshall avenue between blocks three (3), nine (9) and eight (8), Regent's addition aforesaid, and blocks two (2) and three (3), Washburn's subdivision aforesaid. Eighteenth avenue between blocks nine (9) and ten (10), in Mower's Addition to Minneapolis. 26th Ave. S. E. 25th Ave. S. E. 24th Ave. S. E. Marshall Ave. 18th Ave. 22% Ave. S. E. Twenty-two-and-one-half avenue southeast, between lot eighteen (18), block fifty-six (56), of Guerne's Addition to Minneapolis, and block three (3), of Washburn's subdivision aforesaid. That the permission and authority hereby granted in section 2 of this ordinance are upon the express conditions, viz.: First-Said section 2 is not to be taken or construed as depriving the City Council of said city of the right under the law to order the said Minnesota & Northwestern Railroad Company to bridge or tun- nel, as the case may be, and as shall be necessary, any and all streets that said railroad company may cross with its tracks. .And provided, further, that no bridge shall be built over said tracks at an elevation which will give less clear head way over the same than twenty feet. Second-That said Minnesota & Northwestern Railroad Com- pany, its successors and assigns, shall make and maintain convenient crossings where the track or tracks of said company's road crosses any street or alley, according to the direction of the City Council of said city, and keep and maintain flagmen at said crossings when re- Flagmen. quired by the City Council. Conditions of grant. council may order etc. Head room. Company to maintain crossings. of city. Third-That the said Minnesota & Northwestern Railroad Com- Indemnity pany, its successors and assigns, shall and will forever indemnify and save harmless the City of Minneapolis against any and all damages, judgments, claims, costs and expenses of same which it may suffer, or that may be recovered or obtained from or against said city, for or by reason of the granting of such privilege and authority, or for or by reason of, or growing out of, or resulting from the passage of this ordinance of any matter or thing connected therewith, or with the exercise by said company of the privilege hereby granted. provements. Fourth-The City of Minneapolis shall have the right at any time Public im- to enter upon any of the streets that may be covered by the track or tracks of the said Minnesota & Northwestern Railroad Company for the purpose of constructing sewers or making any other public im- provements not inconsistent with the operation of said railroad and the occupation of its tracks. Fifth-That this ordinance shall be void and of no effect in the Ordinance void, when. whole thereof, unless the said Minnesota & Northwestern Railroad Company make the improvements and carry on the business of rail- roading on the lands indicated, and within a reasonable time after 536 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Engine house. Grant sub- ject to other grants. To take effect. May main- tain spur track. Across 44th Ave. N. Lyndale Ave. N. Grade of track. Cars on crossings. Planking. Public im- provements. Conditions of grant. Council may repeal ordinance. f To take effect. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. the passage and acceptance of this ordinance, construct on the prop- erty included within the limits of said streets, its storage and delivery yards, with a large number of tracks, an engine house with a capacity for from thirty to forty engines, shed, ice houses, delivery and re- ceiving storehouses and the like. SEC. 2. Said spur track shall at all times cross said avenues at the present grade, or such grade as may hereafter be established by said City Council, and said company shall not permit its cars to be left standing upon the crossings of said avenues and shall at all times. keep said crossings planked. The city also reserves the right to excavate under said track at any and all times for the purpose of con- structing sewers and laying water and gas mains therein. SEC. 3. The grant made in the foregoing sections of this ordi- nance is made upon the express condition that the City Council of the City of Minneapolis has and reserves the right to itself, to amend, change or repeal this ordinance, or to modify the same as it may deem When repeal advisable; provided, however, that such repealing ordinance, if any, to take effect. SEC. 4. Privileges hereby granted under section 2 of this ordi- nance shall be subject to all general ordinances that are now or may hereafter be in force concerning railroads in the City of Minneapolis. SEC. 5. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. An Ordinance Granting to the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, for Its Own Use and for the Use and Accommodation of Its Successors and Assigns, Permis- sion to Construct and Operate a Certain Spur Track Upon and Across Forty-fourth Avenue North, Near Aldrich Avenue North, if Cut Through and Upon and Across Lyndale Avenue North, Near Where it Crosses Forty-fourth Avenue North. (Passed Jany. 30, 1893. Approved Feb. 1, 1893. Published Feb. 3, 1893, in The Minneapolis Times, 19 C. P. 42.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. At the request of C. A. Smith & Company, and for the use and accommodation of said company and its successors and assigns, permission and authority are hereby granted to the Minne- apolis, St. Paul & Sault Ste. Marie Railway Company to construct, maintain and operate a spur track to cross Forty-fourth avenue north near Aldrich avenue, if cut through, and also upon and across Lyn- dale avenue north, near where it crosses Forty-fifth avenue north, Minneapolis, Minnesota. shall take effect not less than ninety days from and after its publica- tion, and giving ninety days' notice in writing of such publication to each of said companies. SEC. 4. This ordinance shall take effect and be in force from and after its publication. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 537 MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE, AND GREAT NORTHERN. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE AND GREAT NORTHERN. An Ordinance Granting to the Minneapolis, St. Paul and Sault Ste. Marie Railway Company and the Great Northern Railway Company, at the Request of the P. B. Mann Company, for Their Use and Accommodation, and for the Use and Accom- modation of their Successors and Assigns, Permission to Con- struct and Operate a Double Spur Track Across Certain Streets and Avenues in the City of Minneapolis, (Passed Oct. 25, 1895. Approved Oct. 31, 1895. Published Nov. 2, 1895, in The Penny Press, 21 C. P. 599.) The City Council of the City of Minneapolis do ordain as follows: spur track. SECTION I. At the request of the P. B. Mann Company, for Double their use and accommodation, and for the use and accommodation of their successors and assigns, permission and authority are hereby granted to the Minneapolis, St. Paul & Sault Ste. Marie Railway Company and the Great Northern Railway Company to construct, maintain and operate a double spur track in the City of Minneapolis across the following streets and avenues, to-wit: Twenty-seventh `ave- nue northeast, Twenty-six-and-a-half avenue northeast, Twenty-sixth N.E. avenue northeast, Sixth street northeast and Fifth street northeast; said double spur track to be constructed and maintained across said streets and avenues parallel with the right of way of the Great North- ern Railway Company where it crosses said streets and avenues, and upon a strip of land next to and joining said right of way on the southwesterly side thereof and within a distance of not to exceed forty (40) feet of said right of way. Location 27th Ave. 26½ Ave. N. E. 26th Ave. 6th St. N. E. 5th St. N. E. tracks. SEC. 2. Said spur tracks shall at all times be constructed and Grade of maintained upon and across said streets and avenues at the present grade, or at such grade as may hereafter be established by the City Council, and said companies shall not permit their cars to be left standing upon the crossing of said streets and avenues, and shall at all times keep said crossings planked and such planking shall extend the full width of said streets and avenues. Carson St. liable for Planking. SEC. 3. The City of Minneapolis shall not be subjected to any City not claim for damages on account of any change of grade of such spur damages. tracks, or said streets or avenues in which the same are located, and said railway companies shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction, operation or maintenance of said spur tracks across said streets and avenues, and the construction of said tracks and the running of cars thereon shall be held to be an acceptance of this provision of this ordinance by such railway companies. SEC. 4. The grant made in the foregoing sections of this ordi- nance is made upon the expressed condition that the City Council of the City of Minneapolis has and reserves to itself the right to amend, change or repeal this ordinance or to modify the same as it may deem advisable. City to be indemnified. Acceptance, what. City may repeal ordinance, etc. 538 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Repeal to take effect, when. Public im- provements. To take effect. Single spur track across Mar- shall St. Grade of track. Conditions of grant. Cost of street im- provements, how paid. Drains. Cars on street. Public im- provements. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. Provided, however, that said repealing ordinance, if any, shall take effect not less than ninety (90) days from and after its publi- cation and giving ninety (90) days' notice in writing of such publi- cation to each of said parties. The city also reserves the right to excavate under said track at any and all times for the purpose of constructing sewers, laying water mains and gas mains therein, or for any other public improve- ment. SEC. 5. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. An Ordinance Granting to the Minneapolis, St. Paul & Sault Sainte Marie Railway Company Permission to Extend, Construct, Maintain and Operate a Spur Track Upon and Across Mar- shall Street, in the City of Minneapolis. Passed Aug. 2, 1901. Approved Aug. 5, 1901. Published Aug. 7, 1901, in The Minneapolis Tribune, 27 C. P. 357.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Minneapolis, St. Paul & Sault Sainte Marie Railway Company to extend, construct, maintain and operate upon and over Marshall street, in the City of Minneapolis at the grade of said street, a single spur track from a connection with a spur track of said company now existing on Lot 9, of Auditor's Subdivision No. 35, and running thence westerly across said Marshall street, on a line about one hundred feet south of the main line track of said railway company at said location; provided, however, that the grade of said spur track shall be made to conform to any change which may hereafter be made in the grade of said Marshall street. And provided, further, and the said permission to extend, con- struct, maintain and operate said spur track hereby granted is upon the express condition that the owners of the land abutting on said Marshall street shall pay their proportional share of the cost of any and all street improvements on said Marshall street, and any and all assessments now or hereafter levied and assessed on said property above mentioned and described; and provided, further, that said rail- way company shall construct and maintain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said spur track as said City Engineer shall deem necessary and shall direct, and said railway company shall not permit its cars to be left standing upon said Marshall street so as in any manner to obstruct the same, and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to ex- cavate in said street at any and all times for the purpose of construct- ing sewers and laying water and gas mains therein, and for other municipal purposes, and the said railway company shall pay the in- RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 539 MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. creased or additional cost of making excavations for such purposes, if any, by reason of the existence of said spur track upon said Mar- shall street. SEC. 2. At such crossing of said Marshall street said railway company shall at its own expense promptly restore the roadway and the sidewalks to a good and safe condition and shall plank the road- way the whole width of the avenue between the curb lines, and shall conform each sidewalk to the width and lines of its continuations in each direction from said spur track, and shall at its own expense main- tain such crossing and the planking and sidewalks thereof in like good ings, etc. condition as long as such spur track shall there remain. Maintenance of cross- Additional pany to pay. cost, com- and side- pany to walks, com- restore. Planking. of city. how SEC. 3. Said the Minneapolis, St. Paul & Saulte Sainte Marie Indemnity Railway Company shall hold the City of Minneapolis harmless from any and all damage occasioned by reason of the construction and main- tenance of said spur track across said Marshall street. All such dam- Damages, ages, if any there be, shall be adjusted and paid by said the Minne- ed and paid. apolis, St. Paul & Sault Sainte Marie Railway Company, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such pur- pose, and will wholly relieve said City of Minneapolis from defending the same and shall assume and pay all judgments recovered therein. SEC. 4. Neither the track hereby authorized nor any extension thereof shall ever be connected with any other track of said rail- track. way company without the consent of the City Council by ordinance. council. Provided, further, and the City Council hereby reserves the right City may to revoke the permission and authority hereby granted whenever in grant. the opinion of this or any subsequent council the public interests of the City of Minneapolis demand that said spur track should be re- moved from said Marshall street, and the City Council is hereby made the sole judge of such necessity. Connection with other Consent of pany to de- Suits, com- fend and pay judgments. Removal of track. Acceptance Filing same. of ordinance. SEC. 5. Before this ordinance shall be in force or effect the said Minneapolis, St. Paul & Sault Sainte Marie Railway Company shall accept the same by filing with the clerk of the City of Minne- apolis its written acceptance thereof, executed by its proper officers, within thirty days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all Agreement. acts and things required and agreed to be done by said railway com- pany. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company as herein provided. 542 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. • Change of grade of 2nd St. N. Profile. Map. Change of grade of 5th Ave. N. Profile. Map. Conditions of grant. Company to restore 5th Ave. N. Paving alley and drive- way. 2nd St. N. Exception. Sandstone paving, how constructed. Retaining wall along 2nd St. N. Sidewalks. Iron fence or railing. Drains. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. railway company along said part of said street so as to be lowered. on the northeasterly side of said curb line, but not to exceed 4 feet from said line at the top of said wall. SEC. 3. Permission and authority is also hereby granted to said railway, at its own expense, to change the grade of said Second street north, between said Fourth and Tenth avenues north, from the present grade represented by the black line A and A', on the profile annexed to its petition and authenticated by its chief engineer and the City Engineer of Minneapolis, marked "Exhibit 1," to the grade represented on said profile by the red line B and B', all as shown by the map also on file in the office of the City Engineer. SEC. 4. Permission and authority is also further granted to the said railway company at its own expense to change the grade of Fifth avenue north, between the alley in Block 32, Original Town of Min- neapolis, and Second street, from the present grade represented by the black line A and A' on the profile annexed to its petition authen- ticated by its chief engineer and the said City Engineer, and marked "Exhibit 2," to the grade represented on said profile by red line Marked B and B', and as shown by the map on file in the office of the City Engineer. SEC. 5. The foregoing permission and authority hereby granted in sections 1, 2, 3 and 4, and each thereof, is upon the express con- dition that the said railway company shall restore said Fifth avenue north where crossed by its tracks to its former usefulness as may be required by the City Engineer, and shall pave said avenue between. the alley in said Block 32 and said Second street north, and shall also pave the public driveway to its own freight house, to be built as here- inbefore stated. And provided, also, that said railway company shall pave said Second street north from the south line of Tenth avenue north to the north line of Fourth avenue north, except that portion of said Second street lying between the center line thereof and the Nor- thern Pacific Railway Company's yard, and between the south line of Tenth avenue north and the south line of Seventh avenue north, all said paving to be sandstone laid upon sand foundation, in a thoroughly good and workmanlike manner, under the supervision of the City Engineer of Minneapolis, and to be completed as soon as practicable after the approval of this ordinance. And provided, also, that said railway company shall build a good and substantial retaining wall along that portion of said Second street north which it proposes to lower on said curb line, as hereinbefore provided; and provided, further, that the said railway company shall also build a sidewalk 4 feet wide on the southwesterly side of Second street north, between Fourth and Fifth avenues north, along and on the northeasterly side of the curb line as now established, said sidewalk to be laid on the top of said retaining wall in part, or wholly if said wall is wide enough, and to be protected by a suitable iron fence or railing firmly set on top of said wall. And provided, further, chat said railway company shall construct and maintain in proper condition, under the direction of the City En- gineer, such drain or drains in connection with said work and con- struction herein granted as said City Engineer shall deem necessary RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 543 MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. provements. and direct, and upon the further condition that the City of Minne- Public im- apolis and the City Council thereof reserves the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for other munici- pal purposes, and the said railway company shall pay the increased or additional cost of making excavations for such purpose, if any, by reason of the existence of its said tracks upon said avenue. provided, further, that said railway company shall not permit its cars to be left standing upon said Fifth avenue north so as to in any manner obstruct the same. And palu. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. An Ordinance Granting to the Minneapolis, St. Paul and Sault Ste. Marie Railway Company Permission and Authority to Extend the Sidetrack of Said Railway Company Now Used by the Pioneer Steel Elevator Company, Across Sixth Street and Twenty-fifth Avenue Northeast, in the City of Minneapolis. Additional cost, how SEC. 6. Said Minneapolis, St. Paul & Sault Ste. Marie Railway Indemnity Company shall hold the City of Minneapolis harmless from any and all of city. damages occasioned by reason of the construction, maintenance and operation of the work herein permitted in said avenue and street, and the construction, maintenance and operation of the tracks permitted in said Fifth avenue. All such damages, if any there be, shall be adjusted and paid by the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, and said company shall assume the defense in any and all suits brought for the recovery of the same, intervening if necessary, for such purpose, and will wholly relieve said City of Minneapolis from defending the same, and shall assume and pay all judgments recovered therein. (Passed July 29, 1904. Approved Aug. 5, 1904. Published Aug. 9, 1904, in The Daily Times, 30 C. P. 394.) Cars on 5th Ave. N. Damages, ed and paid. how adjust- SEC. 7. Before this ordinance shall be in force or effect the said Acceptance Minneapolis, St. Paul & Sault Ste. Marie Railway Company shall of ordinance. accept the same by filing with the clerk of the City of Minneapolis its Filing. written acceptance thereof, executed by its proper officers, within 30 days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing to perform all acts and things required and agreed to be done by said railway company. SEC. 8. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof by said railway com- pany, as herein provided. pany to de- Suits, com- fend and pay judgments. Agreement. To take effect. The City Council of the City of Minneapolis do ordain as follows: tain side track. SECTION I. Permission and authority is hereby granted to the May main- Minneapolis, St. Paul & Sault Ste. Marie Railway Company to ex- tend, construct, maintain and operate, for the use and benefit of the Pioneer Steel Elevator Company, a sidetrack upon and across Sixth street northeast and Twenty-fifth avenue northeast, in the City of Location. 6th St. N. E. N. E. 25th Ave. 544 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE. Minneapolis, at the present grade of said street and avenue, the center line of which said sidetrack shall be substantially as follows: Description. Beginning at a point in the center of said sidetrack as now existing and used by said Pioneer Steel Elevator Company in the boundary line between Lots 16 and 17, in Block 3, of Phillips' addition; running thence southeasterly to a point on the west boundary line of said Sixth street northeast about 9 feet north of the southeast corner of Lot 4 of Block 3 of said Phillips' addition; thence southeasterly on a curved line to a point in the east boundary line of said Sixth street northeast about 18 feet south of the southwest corner of Lot 24, in Block 4, of said Phillips' addition; thence southeasterly to a point. in the north boundary line of said Twenty-fifth avenue northeast about 25 feet west of the southeast corner of Lot 26, Block 4, of said Phillips' addition; thence southeasterly to a point in the boundary line of said Twenty-fifth avenue northeast about 50 feet east from the dividing line between Lots 6 and 7, in Block 6, of Lennon & Newell's addition; thence southeasterly to the southeast corner of Lot 5, Block 6, said Lennon & Newell's addition; thence southeasterly 45 feet, more or less, to a junction with the westerly railway track of the Great Northern Railway Company. The grant of permission and authority hereby made is upon the express condition that no right of compensation shall accrue to said railway company or to said Pioneer Steel Elevator Company by rea- son of any change in the grade of said street or avenue, and that said railway company shall not permit its cars to be left standing upon said street or avenue so as in any manner to obstruct the same, and shall at all times keep said sidetrack planked in accordance with the provisions of the ordinances of the City of Minneapolis now or here- after in force, and upon the further condition and understanding that the City Council of the City of Minneapolis reserves the right to ex- cavate in said street and avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for any other municipal purpose; and if at any time the existence of said sidetrack in said street and avenue shall make it inconvenient to make such excavation, the said railway company shall bear and pay the increased cost of making such excavation by reason of said sidetrack being in said street and avenue, if any; and upon the further condition that said railway company shall construct and maintain in proper condition under the direction of the City Engineer such drain or drains in connection with said sidetrack as said City Engineer shall deem necessary and direct. Conditions of grant. No right of compensa- tion. Cars on streets. planking. Public im- provements. Increased cost of same. Company to pay. Drains. Indemnity of city. Suits, com- pany to de- fend, and protect city. C SEC. 2. Said Minneapolis, St. Paul & Sault Ste. Marie Railway Company, its successors and assigns, shall hold the City of Minne- apolis harmless from any and all claims for damages by reason of the construction and maintenance of said sidetrack across said street and avenue, and shall assume the defense in any and all suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of defense, and will wholly protect and relieve the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Minneapolis, St. Paul & Sault Ste. Marie Railway Company in connection with the building and mainte- nance of said sidetrack. : RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 545 CHICAGO GREAT WESTERN, may revoke SEC. 3. The City Council of the City of Minneapolis hereby re- Council serves the right to revoke and annul the permission and authority grant. hereby granted whenever the City Council shall deem such revoca- tion and annulment advisable, and thereupon any and all permission, authority and rights hereby granted shall cease. Right to cease. Acceptance of ordinance. SEC. 4. Before this ordinance shall take effect and be in force, the said Minneapolis, St. Paul & Sault Ste. Marie Railway Com- Filing. pany and said Pioneer Steel Elevator Company shall accept the same by filing their written acceptance thereof with the City Clerk of the City of Minneapolis, executed by their proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordinance, and agreeing for themselves, their successors and assigns, to perform all acts and things required to be done by said railway company and said Pioneer Steel Elevator Com- pany. A failure on the part of said railway company and said ele- vator company to file their acceptance of this ordinance with the City Clerk within the time and as above provided shall render this ordi- nance null and void and of no effect. CHICAGO GREAT WESTERN. An Ordinance Granting to the Chicago Great Western Railway Company the Right to Lay and Operate a Certain Railway Track on Ontario Street, in the City of Minneapolis, and a Service and Transfer Track Across Marshall Avenue, and Pro- viding the Conditions Thereof. (Passed May 25, 1896. Approved May 29, 1896. Published June 1, 1896, in The Penny Press, 22 C. P. 224.) effect. SEC. 5. This ordinance shall take effect and be in force from and To take after its publication and the acceptance thereof by the said railway. company and said Pioneer Steel Elevator Company. Agreement. Failure to ordinance. annuls The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. There is hereby granted to the Chicago Great West- ern Railway Company, its successors and assigns, the right to lay, extend and maintain one track of its railway between its railroad and the railroad of the Chicago, Milwaukee & St. Paul Railway Company Location upon and along Ontario street, in the City of Minneapolis, from a Ontario St. point connecting with its present southwesterly track in said Ontario. street, near the south line of Belle street, between blocks numbered four (4) and five (5) in Washburn's subdivision, in said city, south upon and along the easterly side of said Ontario street to the north line of Marshall avenue, and thence across Marshall avenue to a point on the north line of lot No. 5 in block No. 8 of Washburn's sub- Ave. division, about fifteen (15) feet east of the west end or point of said lot 5; said track to be thence continued southerly across the point of said lot 5, in block 8, and upon and along the right of way of the Chicago, Milwaukee & St. Paul Railway Company, to a point of con- Marshall May main- track. one 546 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Track to be used for transfer of cars. Service track. Across Mar- shall Ave. Grants not warranted. Only license granted. Conditions of grants. Grade of trácks. No right of compensa- tion. Cars upon streets. Planking. Public im- provements. G Increased cost of same, company to pay. Indemnity of city. company to pay CHICAGO GREAT WESTERN. nection with the track of the last mentioned railway at or near the southwesterly line of Fourth street (S. E.) The aforesaid grants are made upon the condition that the rail- way track so permitted to be laid shall be used for the purpose of making transfer of cars from the lines of said railway companies, from one to the other. SEC. 2. There is also granted to the Chicago Great Western Railway Company, its successors and assigns, the right to lay, ex- tend and maintain a service track from the south end of its present service track at the southwest corner of block No. two (2) in Wash- burn's subdivision, southerly across Marshall avenue to a point on the south line of said avenue at or near where the line between the lots Nos. four (4) and five (5) in said block No. eight (8), Washburn's subdivision, intersects the south line of Marshall avenue. SEC. 3. The City of Minneapolis in no wise warrants any of the rights or privileges herein granted or which are intended to be herein granted, but this ordinance is passed upon the express condi- tion that the City of Minneapolis hereby grants only such license in the street of the city as it is hereby authorized to grant under the provisions of its charter without in any way affecting property rights which individuals may have in said street or avenue. SEC. 4. The grants herein made are made upon the express con- dition that said Chicago Great Western Railway Company shall lay said tracks on said Ontario street and across Marshall avenue at the present grade of said street and avenue, or at such grade as may hereafter be established by the City Council of said city, and no right of compensation shall accrue to said railway company at any time by reason of any changes in said grades. Said railway company shall not permit their cars to be left standing upon said Marshall avenue so as to in any manner obstruct same, and shall at all times keep the tracks hereby permitted to be laid planked in accordance with the provisions of the ordinances of the City of Minneapolis now in force or which may hereafter be passed. The grants herein contained are made upon the further express condition that the City Council reserves the right to excavate in said street or avenue at any and all times for the purpose of constructing sewers and laying water or gas mains therein, or for any other mu- nicipal purpose, and if at any time the existence of said tracks in said street or avenue shall make it inconvenient to make such excava- tions, the said railway company shall bear and pay the increased cost, if any, of making such excavations by reason of said tracks being situated in said street or avenue. SEC. 5. The grants herein made are made upon the further ex- press condition that the said railway company, its successors and assigns, shall save the City of Minneapolis harmless from any dam- age caused by the laying of said tracks in said street or avenue, or by the operation of the same by said company or any other company for damages, permitted to use the same, and that said railway company, its suc- cessors and assigns, shall pay anv judgment or damages recovered against the City of Minneapolis by reason of such construction of said tracks or operation of the same. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 547 CHICAGO GREAT WESTERN. J SEC. 6. The grants herein made are made upon the further ex- press condition that whenever the City Council shall deem that the ordinance. public necessity requires the use of said street or avenue, or both of the same, for travel unobstructed by said railway tracks, that there- upon the City Council may repeal this ordinance and thereupon any and all rights hereby granted shall cease; provided, that such repeal- ing ordinance shall not take effect and be in force until ninety (90) days after notice of the passage of the same has been given to said railway company. SEC. 7. The construction of said railway tracks, or either of them, upon the said street or avenue shall be held to be an accept- ance by said railway company, its successors and assigns, of all the terms and conditions of this ordinance, and said railway company, its successors and assigns, shall thereby be deemed and held to have assumed all the obligations by the terms of this ordinance imposed upon the said railway company. CHICAGO GREAT WESTERN. An Ordinance Granting to the Chicago Great Western Railway Company, Its Successors and Assigns, Permission to Con- struct, Maintain and Operate Four Tracks Upon and Across Second Street South, Between Tenth and Eleventh Avenues South, in the City of Minneapolis. (Passed March 28, 1902. Approved April 1, 1902. Published April 3, 1902, in The Minneapolis Tribune, 28 C. P. 109.) Council may repeal Rights to cease. SEC. 8. This ordinance shall take effect and be in force from To take and after its publication. effect. Repeal in effect, when. Acceptance, what to be, etc. The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Chicago Great Western Railway Company, its successors and assigns, to construct, maintain and operate upon and over Second street south, between Tenth and Eleventh avenues south, in the City of Minneapolis, at the present grade of said Second street south, or at any subsequent grade that the City Council may direct, four additional tracks to extend from a connection with the main line of said railway company to its pas- senger and freight depots now located on Block 113, Original Town of Minneapolis, said railway company having heretofore obtained by ordinance permission to construct two tracks across said Second street south, between said Tenth and Eleventh avenues south. The pur- pose and intent of this ordinance is that said railway company, its successors and assigns, are to have authority to maintain six tracks in all upon and over said Second street south, between Tenth avenue in all. south and Eleventh avenue south, all said tracks in crossing said Second street south to enter Block 113, Town of Minneapolis, any- where on the southwesterly line of said Second street south distant 139.5 feet northwesterly from Eleventh avenue south measured to the Six tracks May main- tain four tracks. Location. Second St. s. Grade of. Former grant, two tracks. 548 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Grade of tracks to conform to street grade. Cost of street im- provements, how paid by company. Drains. Cars stand- ing on streets, etc. Public im- provements. Additional cost, com- pany to pay. Safety gates at Second St. No obstruc- tion to travel. Gatekeeper or watch- man. CHICAGO GREAT WESTERN. center of the first tracks, and anywhere between a point on said south- westerly line of said Second street south distant 76 feet southeasterly from Tenth avenue south, and to enter Block 117, Original Town of Minneapolis, anywhere between a point on the northeasterly line of said Second street south distant III feet northwesterly from Elev- enth avenue south, and anywhere between a point on said northeasterly line of said Second street south distant 119 feet from Tenth avenue south. Provided, however, that the grade of all six of said tracks shall be made to conform to any change which may hereafter be made in the grade of said Second street south, between Tenth avenue south and Eleventh avenue south. And provided further, and the said permission to construct, main- tain and operate said tracks is hereby granted upon the express con- dition that the said Chicago Great Western Railway Company, its successors and assigns shall and does hereby agree to pay its propor- tionate share of any and all street improvements abutting its prop- erty now or hereafter owned by said Chicago Great Western Railway Company, its successors and assigns, in the City of Minneapolis, whether used for railway purposes or any other purpose, and any and all assessments now or hereafter levied and assessed on said property of said railway company for such street improvements. And provided further, that the said railway company, its suc- cessors and assigns, shall construct and maintain in proper condition under the direction of the City Engineer such drain or drains in con- nection with all of said tracks as said City Engineer shall deem nec- essary and direct; and said railway company, its successors and assigns, shall not permit its cars to be left standing upon any part of said Sec- ond street south, between said Tenth avenue south and Eleventh ave- nue south, longer than five minutes so as not to obstruct the travel on said Second street south; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to ex- cavate in said Second street, between said Tenth avenue south and Eleventh avenue south, at any and all times for the purpose of con- structing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company, its successors and assigns, shall pay the increased or additional cost for making excava- tions for such purpose, if any, by reason of the existence of said tracks upon said Second street south. And provided further, that the said railway company, its suc- cessors and assigns, shall construct, maintain and operate on each side of its said tracks crossing said Second street south, between said Tenth and Eleventh avenues south, gates, so located and constructed as to properly and effectively protect persons and teams using said Second street south from danger from trains passing on said tracks above mentioned, at the place above named, without unnecessarily hinder- ing or obstructing travel on said street, or keeping said gates closed for a longer period than five minutes at any one time, and provide. and maintain a gate keeper or watchman at said crossings for all trains or cars that shall cross said Second street south so long as any of its said tracks shall remain in said Second street south. RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 549 CHICAGO GREAT WESTERN, restore, etc. SEC. 2. At all said crossings of said Second street south, said Roadway railway company, its successors and assigns, shall, at its own expense, walks. promptly restore the roadway and sidewalks to a good and safe con- Company to dition, planking or paving the roadway the whole width of the street Planking, between the curb lines and conforming each sidewalk to the width etc. and lines of its continuations in each direction from said tracks; and Mainten- shall, at its own expense, maintain such crossings and the planking or crossings, paving and sidewalks thereof in like good condition as long as such etc. tracks shall there remain. ance of SEC. 3. The said Chicago Great Western Railway Company, its Indemnity successors and assigns, shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction and maintenance of said tracks across said Second street south. All such damage, if any there be, shall be adjusted and paid by the Chi- cago Great Western Railway Company, its successors and assigns, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such purpose, and will wholly relieve said City of Minneapolis from defend- ing the same and shall assume and pay all judgments recovered therein. SEC. 4. The City Council hereby reserves the right to revoke the permission and authority hereby granted whenever in the opinion of grant. this or any subsequent council the public interests of the City of Min- neapolis demand that said tracks shall be removed from said Second street south, and the City Council is hereby made the sole judge of Council sole such necessity. Council may revoke judge of necessity. Acceptance of ordinance. Filing same. Damages, how adjust- ed and paid. Suits, com- pany to de- judgments. fend and pay SEC. 5. Before this ordinance shall be in force or effect the said Chicago Great Western Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis, for itself, its successors and assigns, its written acceptance thereof, executed by its proper officers, within thirty days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agree Agreement. ing for itself, its successors and assigns, to perform all acts and things required and agreed to be done by said railway company, its successors and assigns. A failure on the part of said railway company to file its acceptance as above stated with the City Clerk as above provided within the time limited shall render this ordinance null and void and of no effect. Failure to file avoids ordinance. To take SEC. 6. This ordinance shall take effect and be in force from and effect. after its publication and the acceptance thereof by the said railway company as herein provided. 1 550 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain railway tracks. Location. 11th Ave. S. 12th Ave. S. First St. S. 13th Ave. S. Cedar Ave. 19th Ave. S. Blue print. Number of tracks allowed. Grade of tracks. Cost of street im- provements, company to pay. Assessments Safety gates. Obstruction of travel. Gatekeeper or watch- man. CHICAGO GREAT WESTERN. CHICAGO GREAT WESTERN. An Ordinance Granting to the Chicago Great Western Railway Company, Its Successors and Assigns, the Right to Con- struct, Maintain and Operate Certain Railway Tracks Upon and Across Eleventh Avenue South, Twelfth Avenue South, First Street South, Thirteenth Avenue South, Cedar Avenue and Nineteenth Avenue South, in the City of Minneapolis. (Passed Aug. 13, 1902. Approved Aug. 14, 1902. Published Aug. 16, 1902, in The Minneapolis Tribune, 28 C. P. 406.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Chicago Great Western Railway Company, its successors and assigns, to construct, maintain and operate certain railway tracks upon and over Eleventh avenue south, Twelfth avenue south, First street south, Thirteenth avenue south, Cedar avenue and Nineteenth avenue south, in the City of Minneapolis, substantially as shown in red lines on the blue print filed in the City Engineer's office, August 5th, 1902, marked Exhibit "A" and identified by the signatures of the Chief Engineers of the City of Minneapolis and of the Chicago Great Western Railway Company. Provided, that no more than twelve tracks shall be built across Eleventh avenue south, First street south, or Thirteenth avenue south; fourteen tracks across Twelfth avenue south and six tracks across Cedar avenue or Nineteenth avenue south. Provided, further, that the grade of all of said tracks shall be made to conform to any change which may hereafter be made in the grade of said streets and avenues. And provided, further, that the Chicago Great Western Railway Company shall, and it does hereby agree to pay its proportionate share of the cost of any and all street improvements abutting its property now or hereafter owned by it in the City of Minneapolis, whether used for railway purposes or any other purpose, and any and all as- sessments now or hereafter levied and assessed on said property for such street improvements. And, provided, further, that the said railway company, its suc- cessors and assigns, shall construct and maintain in proper condition, under the direction of the City Engineer, on said street and avenues all necessary gates so located and constructed as to properly and ef fectually protect persons and teams using said street and avenues from danger from trains passing on said tracks at the places above mentioned, without unnecessarily hindering or obstructing travel at said avenues or street, or keeping said gates closed for a longer period. than five minutes at any one time, and provide and maintain all neces- sary gate keepers or watchmen at said crossings for all trains or cars. that shall cross said street and avenues so long as any of its tracks shall there remain. And provided further, that the said railway company, its succes- sors and assigns shall construct and maintain in proper condition, RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 551 CHICAGO GREAT WESTERN. streets. under the direction of the City Engineer, such drain or drains in con- Drains. nection with all of said tracks as said City Engineer shall deem neces- sary and direct; and said railway company, its successors and assigns shall not permit its cars to be left standing upon any part of said Cars on street or avenues longer than five minutes, so as to obstruct the travel on said street and avenues; and upon further condition that the City of Minneapolis and the City Council thereof reserves the right to exca- vate in said street and avenues at any and all times for the purpose of constructing sewers and laying water and gas mains therein, and for Public im- other municipal purposes, and the said railway company, its succes- sors and assigns shall pay the increased or additional cost for making excavations for such purposes, if any, by reason of the existence of said tracks upon said street and avenues. J provements. Additional cost, com- pany to pay. SEC. 2. At all said crossings of said street and avenues said rail- way company, its successors and assigns shall at its own expense promptly restore the roadway and sidewalks to a good and safe con- dition, planking or paving the roadway the whole width of the street between the curb lines, including all space between its different tracks and also a space beyond the opposite rail of each outside track at least twelve inches in width and conforming each sidewalk to the width and lines of its continuations in its construction in each direction from said tracks, and shall at its own expense maintain said crossings and Maintenance the planking or paving and sidewalks thereof in like good condition etc. as long as such tracks shall there remain. of crossings, Roadway walks, com- pany to restore. Planking, etc. Extent of. SEC. 3. The Chicago Great Western Railway Company, its suc- Indemnity cessors and assigns, shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the construction and maintenance of said tracks across said street and avenues. All dam- Damages, ages if any there be, shall be adjusted and paid by the Chicago Great Western Railway Company, its successors and assigns, and said Com- pany shall assume the defense of any and all suits brought for the re- covery of the same, intervening therein if necessary for such pur- pose, and will wholly relieve said City of Minneapolis from adjusting the same and shall assume and pay all judgments recovered therein. how adjust- < Suits, com- Pand and pay judgments. pany to de- may revoke SEC. 4. The City Council of the City of Minneapolis hereby re- Council serves the right to revoke the permission and authority hereby granted grant. to the Chicago Great Western Railway Company, its successors and assigns whenever in the opinion of this or any subsequent council the public interest of the City of Minneapolis demands that said tracks shall be removed from said street and avenues in the City of Minneapolis Sole judge and the City Council is hereby made the sole judge of such necessity. of necessity. of ordinance. SEC. 5. Before this Ordinance shall be in force or effect the said Acceptance Chicago Great Western Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis, for itself, its Filing. successors and assigns, its written acceptance thereof, executed by its proper officers within thirty days from the passage and approval of this Ordinance consenting to the terms and conditions of this ordi- nance and agreeing for itself, its successors and assigns to perform all acts and things required and agreed to be done by said railway company, its successors and assigns. A failure on the part of said railway company to file its acceptance as above stated with the City Agreement. Failure to ordinance. file avoids 552 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 1 To take effect. Streets vacated 1st Ave. N. 2nd Ave. N. Alley in block 12, Minneapolis. Conditions of vacation. Cost of street im- provements, company to pay. Grounds and depots, use of by tele- phone companies. Freight yard and terminal facilities. 2-story freight house. How con- structed, etc. Elevators. Provided, however, and the vacation of said avenues and alley above mentioned is upon the express condition that the said railway company shall and does hereby agree to pay its proportionate share of the cost of any and all street improvements abutting its property now or hereafter owned by said company in the City of Minneapolis, wheth- er used for railway purposes or any other purpose, and any and all Assessments. assessments now or hereafter levied and assessed on said property of ་ WISCONSIN CENTRAL. Clerk as above provided, within the time limited shall render this Or- dinance null and void and of no effect. SEC. 6. This Ordinance shall take effect and be in force from and after its passage and publication and the acceptance thereof by the said railway company as herein provided.. WISCONSIN CENTRAL. An Ordinance to Vacate Certain Portions of First Avenue North and of Second Avenue North, and of a Certain Alley in the City of Minneapolis for the Use and Benefit of the Wisconsin Central Railway Company. (Passed April 26, 1901. Approved April 27, 1901. Published May 2, 1901. in The Minneapolis Times, 27 C. P. 171.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. All those portions of First avenue north and of Sec- ond avenue north, and of the alley running northeasterly and south- westerly through Block Twelve (12) of the Town of Minnepolis, which lies northeasterly of the northeasterly boundary line of the alley running through Blocks Ten (10), Eleven (II), and Twelve (12) of the Town of Minneapolis, and southwesterly of the southwesterly boundary line of the Right of Way of the Minneapolis & St. Louis Railway Company, are hereby vacated for the use and benefit of the Wisconsin Central Railway Company. said railway company for such street improvements. Provided, also, and the said vacation of said avenues and alley above named is upon the express condition that the said railway company shall admit upon its grounds and into its depots all tele- phone companies doing business in the City of Minneapolis upon equal terms and conditions. Provided, further, and the said vacation of said avenues and alley above mentioned is upon the express condition that the said rail- way company shall establish on and in the neighborhood of said ave- nues and alley above mentioned and shall complete thereon and on the property acquired in said locality a freight-yard with terminal facilities, and shall erect thereon a two-story freight-house not less than 300 feet long by 30 feet wide, of so-called fireproof construction, equipped with proper and adequate elevators, with steel-framed via- duct affording access to the upper story thereof from the streets; and provided further, and the vacation of said avenues and alley above RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 553 WISCONSIN CENTRAL. mentioned is upon condition that the said railway company shall es- tablish upon what is known as Boom Island, its main western terminal yard, and provide thereon a roundhouse of substantial and permanent construction, a modern coaling plant, car repair shops, and other cus- tomary or necessary structures, and shall also construct and maintain a substantial railway bridge from the east side of the Mississippi River Ry. bridge to to Nicollet Island and from Nicollet Island to Boom Island; and that all said work and construction hereinbefore agreed to be performed upon the part of said railway company shall be completed on or be- When to be fore January 1st, 1903. But if said company shall be prevented from completed. prosecuting said work or any part thereof, by proceedings at law or in equity, or by strikes or other causes not within its control, then the time above limited for the completion of all said work shall be deemed to be and be extended for a period equal to the time during which said company shall be prevented from prosecuting said work for the reasons aforesaid. } Boom Is- land, termi- nal yard, roundhouse, etc. A failure on the part of said railway company to file its accept ance as above stated with the City Clerk, as above provided, within the time limited, shall render this ordinance null and void and of no effect. Nicollet Island. Provided, further, and this ordinance is granted upon the express Shipping condition, that whenever there is not a competing line from any point non-compe- at which shipment is made to the City of Minneapolis over said Wis- ting points. consin Central Railway Company, said railway company shall make such shipment at a rate and price not greater than it would if said ship- ment was made to St. Paul. A failure to comply with this agreement Damages for shall render said railway company liable to triple damages to the party ance. non-compli- aggrieved. This agreement shall be binding and in force as well against the successors and assigns of said Wisconsin Central Railway Company as against said railway company itself. 1 Strikes, etc. Extension of time. SEC. 2. Before this ordinance shall be in force or effect, the said Acceptance Wisconsin Central Railway Company shall accept the same by filing with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions. of the ordinance and agreeing to perform all acts and things required and agreed to be done by said railway company. of ordinance. Filing same. effect. SEC. 3. This ordinance shall be in force and take effect from and To take after its publication and the acceptance thereof by the said railway company as herein provided. Agreement. Upon failure of company ordinance to be void. 554 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. May main- tain one track. Across 4th Ave. N. Blue print. Drains. Public im- provements. Additional cost, com- pany to pay. Roadway and side- walks, com- pany to restore. Planking. Maintenance of crossing, etc. Indemnity of city. Damages, how paid. 17 Council may revoke grant. WISCONSIN CENTRAL. WISCONSIN CENTRAL.´ An Ordinance Granting to the Wisconsin Central Railway Com- pany Permission to Construct, Maintain and Operate One Railway Track Upon and Across Fourth Avenue Northeast, Near the Eastern Terminus of Said Avenue, in the City of Minneapolis. (Passed July io, 1903. Approved Aug. 3, 1903. Published Aug. 5, 1903, in The Daily Times, 29 C. P. 401.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission and authority are hereby granted to the Wisconsin Central Railway Company to construct, maintain and op- erate one railway track upon and across Fourth avenue northeast, near the eastern terminus of said avenue, in the City of Minneapolis, at the present grade of said avenue and at the location as shown on the blue print marked "Exhibit X," filed in the office of the City Engineer on July 13, 1903. Provided, that said railway company shall construct and main- tain in proper condition, under the direction of the City Engineer, such drain or drains in connection with said railway track as said City Engineer shall deem necessary and direct. Provided, further, that the City of Minneapolis and the City Council thereof reserve the right to excavate in said avenue at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company shall pay the increased or additional cost of mak- ing excavations for such purposes, if any, by reason of the existence of said railway track upon said avenue. SEC. 2. At such crossing of said avenue, said railway company shall at its own expense promptly restore the roadway and the side- walks to a good and safe condition, planking the roadway the whole width of the avenue between the curb lines and conforming each sidewalk with the width and lines of its continuations in each direc- tion from said railway track, and shall at its own expense maintain such crossing and the planking and the sidewalks thereof in like good condition as long as such railway track shall there remain. SEC. 3. Said railway company shall hold the City of Minneapolis harmless from any and all damages occasioned by reason of the con- struction and maintenance of said railway track across said avenue. All said damages, if any there be, shall be adjusted and paid by said railway company, and said railway company shall assume the de- fense in any and all suits brought for the recovery of the same, inter- Suits, com- pany to de- fend and pay vening therein, if necessary, for such purpose, and will wholly relieve judgment. said City of Minneapolis from defending the same, and shall assume. and pay all judgments recovered therein. SEC. 4. The City Council of the City of Minneapolis hereby re- serves the right to revoke the permission and authority hereby granted whenever, in the opinion of this or any subsequent council, the public interests of the City of Minneapolis demand that said railway track RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 555 BURLINGTON, CEDAR RAPIDS & NORTHERN. shall be removed from said avenue, and the City Council of said city is hereby made the sole judge of such necessity. of SEC. 5. Before this ordinance shall be in force or effect, said Acceptance Wisconsin Central Railway Company shall accept the same by filing Filing same. with the City Clerk of the City of Minneapolis its written acceptance thereof, executed by its proper officers, within thirty days from the publication of this ordinance, consenting to the terms and conditions thereof and agreeing to perform all acts and things required and agreed Agreement. to be done by said railway company. effect. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof by said railway company, as herein provided. BURLINGTON, CEDAR RAPIDS & NORTHERN. An Ordinance Providing for the Location of Terminal Facilities of the Burlington, Cedar Rapids & Northern Railway Com- pany of Iowa, Its Successors and Assigns, and for Such Pur- pose Granting the Right to Construct, Maintain and Operate Railway Tracks Upon and Across Tenth Avenue South and Eleventh Avenue South, Between Fourth Street South and Fifth Street South, in the City of Minneapolis. (Passed April 11, 1902. Approved April 12, 1902. Published April 15, 1902, in The Minneapolis Tribune, 28 C. P. 135.) And provided, further, and the said permission to construct, main- tain and operate said tracks is hereby granted upon the express con- dition that the said railway company, its successors and assigns, shall, and does hereby agree to pay its proportionate share of any and all street improvements abutting its property now or hereafter owned by Sole judge of necessity. The City Council of the City of Minneapolis do ordain as follows: way tracks. SECTION I. Permission is hereby granted to the Burlington, Five rail- Cedar Rapids & Northern Railway Company of Iowa, its successors and assigns, to construct, maintain and operate five (5) railway tracks of its railroad in and to its city yards upon and over Tenth avenue south and Eleventh avenue south, between Fourth street south and Fifth street south, in the City of Minneapolis, at the present grade of said Tenth avenue south and Eleventh avenue south, or at any subse- quent grade that the City Council may direct, the tracks at said crossing of said Tenth avenue south and Eleventh avenue south to be substan- tially as shown in their respective positions and connections upon a blue print map filed in the office of the City Clerk of said City of Minneapolis, on the 28th day of March, 1902, and marked “Exhibit showing proposed location of tracks of the Burlington, Cedar Rapids & Northern Railway Company of Iowa." of tracks. Provided, however, that the grade of all five of said tracks shall Grade be made to conform to any change which may hereafter be made in the grade of said Tenth avenue south and Eleventh avenue south, be- tween Fourth street south and Fifth street south. Location. 10th Ave. S. Ave. S. Blue print of same. Conditions of grant. Cost of street im- company provements, to pay, etc. 556 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. BURLINGTON, CEDAR RAPIDS & NORTHERN. said company in the City of Minneapolis, whether used for railway Assessments. purposes or any other purpose, and any and all assessments now or hereafter levied and assessed on said property of said railway com- pany for such street improvements. Provided, also, and the permission hereinbefore granted is upon the express condition, that the said railway company shall not discrim- inate between the telephone companies doing business in the City of Minneapolis. And provided, further, that the said railway company, its succes- sors and assigns, shall construct and maintain in proper condition, un- der the direction of the City Engineer, such drain or drains in con- nection with all of said tracks as said City Engineer shall deem neces- sary and direct; and said railway company, its successors and assigns, shall not permit its cars to be left standing upon any part of said Tenth. avenue south and Eleventh avenue south longer than five (5) minutes so as not to obstruct the travel on said Tenth avenue south and Eleventh avenue south; and upon the further condition that the City of Minneapolis and the City Council thereof reserves the right to ex- cavate in said Tenth avenue south and Eleventh avenue south at any and all times for the purpose of constructing sewers and laying water and gas mains therein and for other municipal purposes, and the said railway company, its successors and assigns, shall pay the increased or additional cost for making excavations for such purposes, if any, by reason of the existence of said tracks upon said Tenth avenue south and Eleventh avenue south. - No discrim- ination be- tween tele- phone companies. Drains. Cars on streets. Public im- provements. C Additional cost, com- pany to pay. Provided further, that the said railway company, its successors and assigns, shall construct, maintain and operate, on each side of its said tracks crossing said Tenth avenue south and Eleventh avenue Safety gates. south, gates so located and constructed as to properly and effectually LA protect persons and teams using said Tenth avenue south and Eleventh avenue south from danger from trains passing on said tracks above mentioned at the place above named, without unnecessarily hindering or obstructing travel on said avenues or keeping said gates closed for a longer period than five minutes at any one time, and provide and maintain gate keepers or watchmen at said crossings for all trains or cars that shall cross said Tenth avenue south and Eleventh avenue south so long as any of its tracks shall there remain. Protection against danger. Obstruction of street. Gatekeeper or watch- man. Roadways and sidewalks. Company to restore. Planking, etc. Extent of same. SEC. 2. At all said crossings of said Tenth avenue south and Eleventh avenue south, said railway, company, its successors and as- signs, shall at its own expense promptly restore the roadway and side- walks to a good and safe condition, planking or paving the roadway the whole width of the street between the curb lines, including all space. between its different tracks and also a space beyond the outside rail of each outside track at least twelve inches in width, and conforming each sidewalk to the width and lines of its continuations in its con- Maintenance. struction in each direction from said tracks, and shall at its own ex- pense maintain said crossings and the planking or paving and side- walks thereof in like good condition as long as such tracks shall there remain. Indemnity of city. SEC. 3. The said Burlington, Cedar Rapids & Northern Railway Company of Iowa, its successors and assigns, shall hold the City of 1 + RAILROAD GRANTS AND FRANCHISES-ORDINANCES. 557 RAILWAY BRIDGE,-RESOLUTION. に ​ed and Minneapolis harmless from any and all damages occasioned by reason of the construction and maintenance of said tracks across said Tenth avenue south and Eleventh avenue south. All such damage, if any Damages, there be, shall be adjusted and paid by the Burlington, Cedar Rapids how adjust- & Northern Railway Company of Iowa, its successors and assigns, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening therein if necessary for such purpose, and will wholly relieve said City of Minneapolis from de- fending the same, and shall assume and pay all judgments recovered therein. Suits, com- pany to de- Judgments. fend and pay. may revoke SEC. 4. The City Council of the City of Minneapolis do hereby Council reserve the right to revoke the permission and authority hereby granted grant, when. to the Burlington, Cedar Rapids & Northern Railway Company of Iowa, its successors or assigns, whenever in the opinion of this or any subsequent council, the public interest of the City of Minneapolis de- mands that said tracks shall be removed from said Tenth avenue south and Eleventh avenue south, in the City of Minneapolis, and the City judge of Council is hereby made the sole judge of such necessity. Council sole necessity. SEC. 5: Before this ordinance shall be in force or effect, the said Burlington, Cedar Rapids & Northern Railway Company of Iowa shall accept the same by filing with the City Clerk of the City of Minneapolis, for itself, its successors and assigns, its written acceptance thereof, executed by its proper officers, within thirty (30) days from the passage of this ordinance, consenting to the terms and conditions of this ordinance and agreeing, for itself, its successors and assigns, to Agreement. perform all acts and things required and agreed to be done by said railway company, its successors and assigns. A failure on the part Failure to of said railway company to file its acceptance, as above stated, with ordinance. the City Clerk, as above provided, within the time limited, shall render this ordinance null and void and of no effect. file avoids effect. SEC. 6. This ordinance shall take effect and be in force from and To take after its publication and the acceptance thereof by the said railway company, as herein provided. Acceptance of ordinance. Filing same, BRIDGE AT SECOND STREET NORTH. Resolution Relative to the Construction of a Bridge Over and Across the Railway Tracks on Second Street North. (Passed Feb. 21, 1883. Approved March 5th, 1883. 8 C. P. 312.) to crossings. A dispute existing between the city and the different railway Disputes as companies whose tracks cross highways in the city, as to the respective liabilities of each in the matter of such crossings, and as to the public necessity in certain cases of lowering the grade of the railways. And Bridge the interests of each requiring that a bridge be constructed over the required. railway tracks crossing Second street north, without waiting for the settlement of those disputes. And the resolution of this Council, passed Former October 4, 1882, having been rejected by the railway company, resolution rejected. Է 558 RAILROAD GRANTS AND FRANCHISES-ORDINANCES. Liabilities determined. Abutments at Second St. N. How con- structed. Iron truss bridges. The railway company crossing Second street north in the City of Minneapolis, shall forthwith, and within one hundred and thirty days from and after the approval of this resolution, construct and complete, and thereafter forever maintain good and sufficient stone abutments across Second street north, in said city, for a bridge over and across all the railway tracks which cross said street, which abutments shall not be more than one hundred and ten feet apart, and shall be so con- structed upon the solid ledge as to admit of the future lowering of the tracks of said railway five feet or more, in case it should ever be determined to lower the same at that point; construct and complete, upon plans to be first submitted to and approved by the City Engineer and the Committee on Roads and Bridges of the City Council of said city, a good and sufficient iron truss bridge upon said abutments, and over and across all said railway tracks, of sufficient strength to sup- port any pavement thereon; and also any and all travel that may at any time come upon said bridge, at any rate of speed that may be allowed Roadway and by law on the said streets of said city, with a roadway not less than twenty-seven feet wide in the clear, and a sidewalk on each side not less than six feet wide in the clear; and also construct in a thorough and substantial manner, to the approval of the City Engineer of said city, of suitable oak plank, the sidewalks and the roadway of said bridge, the roadway to be double plank and not less than five inches thick, the plank of said sidewalk and roadway-except in case of de- struction or damage caused by the negligence of the railway company or by fire from its locomotives-to be thereafter kept and maintained by the city. sidewalks. How con- structed. Strength. City to maintain roadway- exception. Head-room. Bridge low- ered, when. Acceptance to be filed. Work, when to be done. City to maintain approaches. RAILWAY BRIDGE,-RESOLUTION. Therefore, Resolved by the City Council of the City of Minne- apolis: That the following shall be the determination of the liabilities of the respective parties at the crossing named, but without the same being considered as a precedent for the future in the case of any other crossing. The said bridge may be constructed at such height as to give nineteen feet head room in the clear, provided that the surface of its roadway shall not be more than one hundred and forty feet above the datum established by the city for the grade of its streets. The rail- way company to lower said bridge within a reasonable time after the railway shall be lowered, in case it ever be lowered at that place, to correspond with the lower grade of the railway. The railroad com- pany to file with the City Clerk of said city, within thirty days after notice hereof, its acceptance in writing, of the terms above named, agreeing by said writing to comply therewith. And the said City of Minneapolis hereby authorizes the construc- tion of said abutments and bridges in the manner aforesaid, in Second street north in said city upon the written acceptance aforesaid, and in such case agrees to construct and forever maintain the approaches to said bridge, and except as above stated to forever keep and maintain the same. S RAILWAY REGULATIONS-ORDINANCES. 559 RATE OF SPEED AND WHISTLING OF LOCOMOTIVES. RATE OF SPEED. An Ordinance Regulating the Rate of Speed of Locomotive En- gines and Railroad Cars. Approved May 18, 1877. P. 60 Ordi- As amended Aug. 25, 1881, 7 C. P. 138.) The City Council of the City of Minneapolis do ordain as follows: (Passed May 17, 1877. nance Records; 3 C. P. 62. SECTION I. That no person or persons shall run or drive, or cause to be run or driven, any locomotive engine or engines, railroad cars or train of cars, within the limits of said City of Minneapolis, faster than at the rate of six miles per hour. WHISTLING OF LOCOMOTIVES. An Ordinance Prohibiting the Whistling of Locomotive Engines Within the Limits of the City of Minneapolis. Speed limited to six miles per hour. Provided, however, that whenever any railroad company shall erect and maintain at all the street crossings on any continuous portion of the line of its railway, gates of a construction and location to be approved by the City Engineer and the Committee on Railroads of said city, with a gate keeper or watchman at each of such street crossings, Gate- and shall also erect and maintain by the sides of its railway and be- tween such street crossings good, close fences not less than six feet Fences, high, in such case the provisions of this section shall not apply to the lines of railway so protected by gates and fences. keepers. at street But nothing herein shall be construed to deprive the city of the Bridges right to require bridges on any such street on such terms and condi- crossings. tions as may be agreed on or determined by competent authority. (As amended Aug. 25, 1881, 7 C. P. 138.) ordinance. SEC. 2. Any person or persons violating the provisions or any Violation of provision of this ordinance, shall, upon conviction thereof before the Municipal Court of the said City of Minneapolis, be punished by a fine not exceeding seventy-five dollars and not less than twenty dollars Penalty. and costs of prosecution, and may be imprisoned until such fine and costs are paid, not exceeding ninety days. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. (Passed Feb. 7, 1883. Approved Feb. 15, 1883. P. 314 Ordi- nance Records; 8 C. P. 308.) Gates at crossings. The City Council of the City of Minneapolis do ordain as follows: locomotive SECTION I. That no person or persons shall sound or cause to Whistle be sounded, blow or cause to be blown, any whistle of any engine within the limits of the City of Minneapolis. Competent evidence of the fact of the sounding or blow- Evidence of ing of such whistle shall be prima facie proof that the engineer who sounding. SEC. 2. not to be sounded. 560 RAILWAY REGULATIONS-ORDINANCES. X Justification of act. Penalty. To take effect. Flagman, when necessary. Council to determine. City clerk to notify company. Company to provide flagman. Penalty. To take effect. FLAGMEN AT STREET CROSSINGS. at the time had charge of the engine committed the act: Provided that if upon the trial of this offense, the person accused shall prove in his defense, by competent evidence, that at the time the act was done there was imminent and immediate danger to life or property and that the whistle was sounded as a warning of such danger, he shall be held not guilty. SEC. 3. Any person or persons offending against, or violating, any of the provisions of this ordinance shall be punished, on conviction, by a fine of not less than $5 nor more than $100, or by imprisonment of not less than five or more than 30 days, or both, in the discretion of the Municipal Court. SEC. 4. This ordinance shall take effect and be in force from and after its publication. FLAGMEN AT STREET CROSSINGS. An Ordinance Requiring Railway Companies Operating Railways Within the Limits of the City of Minneapolis to Establish and Maintain Flagmen at the Crossings of Railway Tracks Over Such Streets and Avenues of Said City as the City Council May Deem Necessary. (Passed Sept. 9, 1887. Approved Sept. 12, 1887. Published Sept. 14, 1887; 13 C. P. 631.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Whenever the City Council shall deem it necessary to require the precaution for the safety of travel on the public streets and avenues of said city, where the same are crossed by any railway within the limits of the City of Minneapolis, to have and maintain a flagman at such crossings, it may by resolution declare that it is necessary to have and maintain a flagman at the crossing, or crossings, designated in such resolution, and therein request the railway company whose duty it is, or may be, to furnish and maintain such flagman, to furnish and maintain the same at the crossing, or crossings, designated; and it shall be the duty of the City Clerk at once to notify such railway company, by serving upon the proper officer of such company a copy of such resolution. SEC. 2. It shall be the duty of such railway company within ten days after a copy of such resolution is served on it or its officers, as provided in section one, to place a flagman at the crossing, or cross- ings, designated in such resolution, and maintain such flagman thereɔn until relieved there from by, order of the City Council. SEC. 3. If any railway company shall neglect, or refuse to furnish, place and maintain a flagman at such railway crossing after notice and request, as hereinbefore provided, it shall, upon conviction in the proper court, for such neglect or refusal, be punished by a fine not less than twenty-five (25) dollars, nor more than one hundred (100) dollars, for each and every day it shall neglect, or refuse to furnish and maintain a flagman at such crossing. SEC. 4. This ordinance shall take effect and be in force from and after the publication in the official paper.. STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 561 SAFETY GATES. SAFETY GATES. An Ordinance Requiring All Railway Companies Owning or Op- erating Railways Within the Limits of the City of Minne- apolis to Construct and Maintain Safety Gates on Each Side of their Railway Tracks, at All Streets Crossing Their Tracks, with a Gate Keeper or Watchman at Each of Such Crossings, and Also to Provide and Maintain Flagmen at All Such Street Crossings. (Passed March 26, 1891. Approved March 30, 1891. Published April 1, 1891, in The Minneapolis Tribune, 17 C. P. 124.) The City Council of the City of Minneapolis do ordain as follows: travel. SECTION I. That all railway companies owning or operating rail- ways within the limits of the City of Minneapolis are hereby required to construct, on or before the first day of June, A. D. 1891, and from said date to maintain and operate on each side of their railway tracks at all streets which are or may be opened for travel crossing their tracks where such tracks are not bridged, within the limits of the City of Minneapolis, safety gates so located and constructed as to properly and efficiently protect persons using said streets from danger from trains passing on their railway tracks at such crossings, without un- necessarily hindering or obstructing travel on said streets, and to pro- without vide and maintain a gate-keeper or watchman at each of said street obstructing crossings from and after said first day of June, A. D. 1891; and all Gatekeepers. said railway companies are hereby required to provide and maintain a flagman at each of said street crossings from 7 o'clock a. m. to 12 o'clock p. m. of each day, from and after 10 days after the publication of this ordinance. SEC. 2. If any railway company shall neglect or refuse to pro- Neglect of vide, maintain and operate at any such street crossings gates with a company. gate-keeper or watchman as herein provided, or if any railway com- pany shall neglect or refuse to provide and maintain a flagman at any such street crossings as hereinbefore provided, it shall, upon conviction thereof, in the proper court, for such neglect or refusal, be punished Penalty. by a fine not less than twenty-five dollars nor more than one hundred dollars for each and every day it shall so neglect or refuse to comply with the provisions of this ordinance. Flagmen, when. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. All com- maintain panies to safety gates. 562 RAILWAY REGULATIONS-ORDINANCES. Rate of Speed not to exceed six miles per hour. Central Ave. and 7th St. N. E. Full stop, when. Cars on avenue, not to exceed three minutes. Penalty. Inconsistent ordinances. Repealed. To take effect. SPEED OF LOCOMOTIVES, ETC. SPEED OF LOCOMOTIVES, ETC. An Ordinance Regulating the Rate of Speed of Locomotive En- gines and Railroad Cars in Crossing Central Avenue and Seventh Street Northeast, in the City of Minneapolis. (Passed Nov. 13, 1891. Approved Nov. 16, 1891. Published Nov. 18, 1891, in The Minneapolis Times, 17 C. P. 594.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person or persons, corporation or corporations, shall run or drive, or cause to be run or driven, any locomotive engines, railroad cars or train of cars, on any of the railroad tracks situated on Central avenue and Seventh street northeast, at a rate of speed faster than six miles per hour. SEC. 2. It shall be the duty of all persons driving or running, or having charge or control of the running or operating of any loco- motive, engine or train of cars on the tracks named and within the limits specified in the first section of this ordinance, to slacken up such engine or train of cars and to cause the same to come to a full stop at said Central avenue and Seventh street northeast, when they ap- proach the same on either side thereof, before crossing said avenue or street with such locomotive, engines or cars. That the person or persons so running, driving or operating such engine or train of cars on such tracks and across said avenue and street shall not permit the engine or cars so run, driven or operated by him across said avenue and street, to remain standing on such avenue or street for a longer period, at any one time, than three minutes. SEC. 3. Any person or persons, corporation or corporations violating the provisions of this ordinance shall, on conviction thereof in the Municipal Court in the City of Minneapolis, be punished by a fine not exceeding one hundred dollars and not less than twenty-five dollars, and may be imprisoned until such fine is paid, not exceeding ninety days. SEC. 4. All ordinances and parts of ordinances inconsistent with. this ordinance are hereby repealed. SEC. 5. This ordinance shall take effect and be in force from and after its publication. RAILWAY REGULATIONS-ORDINANCES. 563 PLANKING STREET CROSSINGS, ETC. PLANKING STREET CROSSINGS, ETC. An Ordinance Regulating the Manner of Planking and Maintaining Tracks of Railroad Companies Across Streets Within the City of Minneapolis. (Passed Aug. 30, 1895. Approved Sept. 6, 1895. Published Sept. 9, 1895, in The Penny Press, 21 C. P. 500. The City Council of the City of Minneapolis do ordain as follows: Plank road- way at all grade cross- quired. ings re- Extent of. Thickness SECTION I. That all railroad companies owning or operating railways within the limits of the City of Minneapolis, are hereby re- quired to construct and maintain a plank roadway at all crossings of their railway tracks and streets of the city at grade, said plank How con- roadway to be constructed by planks laid parallel to the rails of said structed. track the full width of the street, including the sidewalk and boulevard space, as laid out across and each side of said tracks, such planking to cover the space between the rails of each track and be at least one plank outside of the outer rail of each track. In case more than one track crosses said street, the space between the tracks shall be covered by said planking, the planks to be used in said roadway to be at least of planks. three inches in thickness, and shall be of sufficient thickness to bring the upper surface of said plank on a level with the upper surface of the rails of said track. SEC. 2. It shall be unlawful for any railroad company to place or maintain any switch, frog or other switching device in connection with the railway tracks of any railroad in the City of Minneapolis in any street; any such switch, frog or other switching device in or upon the streets of said city, is hereby declared to be a public nuisance, and the Street Commissioners of the respective Wards are hereby authorized and directed to forthwith remove the same. SEC. 3. Any railway company that shall neglect or refuse to comply with the conditions of this ordinance shall, upon conviction thereof in the proper court, for such neglect or refusal, be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Switch frog, etc., in pub- lic street prohibited. Same a nuisat.com- missioner to remove same. Penalty. To take SEC. 4. This ordinance shall take effect and be in force from and effect. after its publication. 564 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. During term of charter. Single or double tracks. Council to designate streets. Single track, when. Grant condi- tioned on operation. Lines designated. Washington Ave. Hennepin Ave. Central Ave. 4th St. S. E. Washington Ave. N. Washington Ave. S. Two lines to be one. No forfeit- ure, when. Council may designate other lines. Extensions. MINNEAPOLIS STREET RAILWAY COMPANY. *An Ordinance Authorizing and Regulating Street Railways in the City of Minneapolis. (Passed July 9, 1875. Approved July 17, 1875, p. 352, Ordinance. Records. Amended Dec. 5, 1875, 1 C. P. 93; June 28, 1887, 13 C. P. 218; Nov. 10, 1887, 13 C. P. 775; April 9, 1888, 13 C. P. 971.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Minneapolis Street Railway Company be and is hereby granted during the term of its charter the exclusive right and privilege of constructing and repairing (operating) a single or double track for a passenger railway line, with all necessary tracks for turnouts, side tracks and switches, in such streets of said city,* as the City Council may deem suited to street railways subject to the terms, conditions and forfeitures hereinafter contained, provided that the City Council reserves the right to limit said company to the con- struction of a single track upon such street or streets as it may deem proper. SEC. 2. The aforesaid grant is upon the express condition that within four months from the passage of this ordinance the said com- pany shall construct and put in operation a line of railway extending from the St. Paul and Pacific Railroad crossing on Fourth avenue north, W. D., along Washington avenue to Hennepin avenue; thence on Hennepin avenue to and across Suspension bridge and Nicollet. Island up Central avenue, E. D., to Fourth street and down Fourth street to Fourteenth avenue south, E. D., and provided that within one year thereafter the said company shall construct and put in opera- tion a line from Plymouth avenue, W. D., along Washington avenue to its intersection with the line at the St. P. & P, depot on said Wash- ington avenue; and also a line from Hennepin avenue along Washing- ton avenue to Twelfth avenue south, and thence on the most practicable route to Franklin avenue, and that the line from Plymouth avenue north to Franklin avenue south on Washington avenue shall be con- strued as one line; and provided further, there shall be no forfeiture by reason of delay in completing the first line on account of the in- ability of said company to do within the said four months because of the said bridges not being built or repaired suited to receive the railway. ching SEC. 3. The City Council may at any time designate any other line of railway in the said city as a line demanded by the public necessities, and may also designate an extension of any existing line or lines; and *For city limits at that date see Chapter X. Special Laws 1872. +Legalized by Chapter 299, Special Laws 1879, p 410. STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 565 MINNEAPOLIS STREET RAILWAY. charter other in case said company, upon being notified of such designation, shall If company not within such reasonable time as shall be fixed by the City Council, build. construct and put in operation such line, then the City Council may charter to any other company the exclusive right to construct and Council may operate a street railway in the street or streets so designated; and in companies. case the said Minneapolis Street Railway Company shall at any time If line not neglect to keep in operation any line of railway which it may have con- operated. structed, then upon such reasonable notice as the City Council may prescribe, said company shall forfeit the exclusive right herein granted, Exclusive so far as the same pertains to such neglected line; and the City Council forfeited. may grant the exclusive right to any other person or company to build Exclusive and operate a street railroad upon such neglected line; provided, that other said company shall, if required by the City Council after being noti- fied in writing by the City Attorney, remove or cause to be removed, the track and other materials of such neglected line within ten days. after the service of said notice upon the president or secretary of said right right to company. to be re- Tracks, etc., moved, when. company. be used. SEC. 4. The cars to be used upon such tracks shall be propelled Power to with either animals or pneumatic power, as the said company deem advisable, provided that no propelling power or machinery of any sort shall be used after it shall prove a public nuisance, and said company may connect with any other railway upon which power is used similar to that authorized to be used on street railways by the City Council, but no locomotive, freight or passenger car, such as are usually run over the general railways of the State, for the transportation of freight and passengers, shall be used upon any of said tracks, unless author- ized by the City Council; provided, that the said Minneapolis Street Railway Company, and any other street railway company which the Council may charter under section 3 of this ordinance, shall each allow the other to connect with and jointly use such portions of the track belonging to each as the convenience of the traveling public may require, upon such equitable terms as may be agreed upon by the said Terms. companies or may be determined upon by the District Court of Hen- adjusted. nepin county. How SEC. 5. Said tracks and railways shall be used for the purpose of transporting passengers and freight, and the cars and carriages for that purpose shall be of the best style and class used on such railways in other cities; provided said company shall at all times have the right to use their track for transporting iron ties, and other material for con- structing their road and keeping the same in repair, and for such other purpose as from time to time may be necessary in carrying out any contract or engagement that may be hereafter entered into by and be- tween the City of Minneapolis and said company. SEC. 6. The track of such railway shall be laid so as to conform to the established grades of the streets on which the road may be built, whenever the same may have been graded by the city; but whenever the city shall change the grade of any street or streets or any portion thereof, the said company shall raise or lower the track so as to con- form to such change of grade; where the streets are not graded to an established grade said company shall lay their tracks so as to conform to the surface of such streets; provided, that they raise or lower the Not to be a nuisance. Connection with other company. Locomotives, etc., not to be used. Unless authorized. Joint use of track. of tracks. Cars, etc., to be first class. May trans- material. road Other pur- poses, when. Tracks to street grades. conform to City may change Company to raise or lower tracks. ? 566 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. Surface of ungraded streets. Tracks to be changed, when. Paving between power is used. same to the grade when the city shall grade the same or any part there- of, and in case said city shall at any time pave or otherwise improve the surface of any streets along which said railroad may run, said com- pany shall pave or otherwise improve the space between the rails of their tracks, unless otherwise provided by the City Council, so that it Paving when shall substantially correspond with the improvement of the street tracks. pneumatic outside of the tracks, except in case pneumatic power be used, the com- pany shall be required to pay only so much of the expenses of paving the street as is made extra by reason of said railway; provided, said company shall plank the space between the tracks and on both sides thereof, at each street crossing whenever required by the Street Com- Planks along missioner, and one plank shall be laid on the outside of each rail and on the inside when it shall be ordered by the City Council; and pro- vided further, that the City Council hereby reserves the right to desig- Style of rails. nate the style of rail to be laid by said company through the streets rails. of the city. Planking at crossings. City not liable for damages. Removal of rails for public im- provements. - Delays. Company to relay tracks. Rate of fare. To be fixed, when. Minimum fare. Continuous lines. Length of same. Police regulations. Tracks, where to be laid. Distance from sidewalk. Repairs be- tween rails. MINNEAPOLIS STREET RAILWAY. SEC. 7. The said City of Minneapolis shall not be held liable to said company for any damages that may be occasioned by the breakage of any gas or water pipes or from any delays that may be occasioned by the construction of sewers, laying of water or gas pipes, or the necessary repairing of the same, or from the improvement or repair of any streets unless there be unreasonable delay in making such re- pairs. The City of Minneapolis hereby reserves the right to take up and remove the rails of the said road whenever it shall be necessary for the repair or improvement of the streets, or for laying water or gas pipes or sewers, or for other public purposes, on the streets of (on) which such rails be laid, and such repairs or improvements or works shall be made by the city without unnecessary delay, and the track of said road shall be taken up and relaid by and at the cost and expense of said company, whenever the Council may require the same to be done. +1 SEC. 8. The said company may regulate and establish the rate to be charged by the said companies, their successors and assigns, for the transportation of passengers and freight at the expiration of five years from the approval of this ordinance, and every five years. thereafter, fixing the same at such rates as the City Council of said city may deem just and reasonable; provided, that the city shall not reduce the passengers' fare below five cents over any one con- tinuous line, and what shall be considered a continuous line may be designated by the City Council of the said city, but the said Council shall not designate any such continuous line to be more than three miles in length. SEC. 9. The Council of the City of Minneapolis hereby reserves. the right to make all necessary and usual police regulations concerning the operation and management of said street roads during the con- tinuance of the rights and privileges hereby granted. SEC. IO. Said tracks shall be laid in the center of the streets in all cases where it is practicable to so lay them, and said tracks shall not be laid within twelve feet of a sidewalk upon any street in any case where it is practicable to be avoided and said company shall keep the space between the rails in proper repair so as not to interfere with 1 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 567 MINNEAPOLIS STREET RAILWAY. travel over the same, and shall keep the same in proper order as to cleanliness at its own cost and expense. SEC. II. right of way. Vehicles to give way. Cars not to structed. The cars of said company shall be entitled to the track Cars to have and in all cases where any team or vehicle shall meet or be overtaken upon either of the street railways in said city, such team or vehicle shall give way to said car; nor shall any person wilfully obstruct, hinder or interfere with any of said railway cars, by placing, driving or stop- be ob- ping, or causing to be placed, or driven in a slow pace, or stopped, any team, vehicle, or other obstacle, in, upon, across, along or near the Teams, etc. track of said railway or either of them, after being notified by the driver or conductor, by the ringing of the car bell, or otherwise, and whoever shall wilfully violate any of the provisions of this section shall, Penalty. upon conviction thereof before the Municipal Court of said city, be punished by a fine of not more than fifty nor less than five dollars and may be imprisoned until such fine is paid, not exceeding thirty days. (As amended April 9, 1888, 13 C. P. 971.) SEC. 12. It shall be the duty of such company to furnish and run a sufficient number of cars to accommodate the traveling public on all streets which they shall use or occupy for railroad purposes. All cars Signal lights. shall carry signal lights after dark. Cleanliness. Sufficient cars. SEC. 15. The said Minneapolis Street Railway Company is hereby obligated to make such equitable and mutual terms (as the Councils of St. Paul and Minneapolis may determine), with the Street Railway Company of St. Paul, or such other company as may have the right to operate the street railway in St. Paul, as shall allow each of said two companies to run their cars into the business centers of each of said cities over the tracks of each other, without change of cars between the two cities. Street repairs. SEC. 13. It shall be the duty of said company to repair any and all damages done to the streets, curbs, sidewalks, gutters or other public property, by the construction or repairing of the tracks along the streets, as herein provided for; and further, to protect and save harm- City to be less the City of Minneapolis against claims for damages arising from against the construction or management of tracks and roads provided for herein. protected damages. bridges. SEC. 14. Authority is hereby conferred on, and said company is tracks on hereby required to lay double tracks over and across such bridges as may be on any of the streets occupied by them, when so required by the City Council. Said tracks on said bridges to be laid in such man- ner as the Committee on Roads and Bridges shall authorize and direct. How laid. Interchange of tracks. St. Paul Railway. Street Rules and SEC. 16. The cars or carriage of the company shall be run upon regulations. and along the tracks of said railway company in conformity with the following rules and regulations; provided, that nothing herein con- tained shall be construed as limiting the police powers of the City Council, as granted in section 9 of this ordinance, to-wit: Police powers. (1) No car shall be run at a greater rate of speed than six miles Rate of an hour. speed. crossings. (2) While cars are turning corners or crossing bridges, the horses At street or mules attached thereto shall not be driven faster than a walk, or, if other motive power be used, not faster than three miles an hour. 568 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. Cars in same direc- tion, distance. Standing on street. Stops at crossings. Injury to persons. Cars stopped, when. Injury to teams, etc. Entering cars in motion. Names of streets to be announced, when. Cars stand- ing at stations. Acceptance of grant. Filing same. Ordinance a contract. If not ac- cepted, void. To take effect. Line of street railway. MINNEAPOLIS STREET RAILWAY. (3) Cars driven in the same direction shall not approach each other nearer than a distance of two-hundred feet, except in cases of unavoidable necessity or accident, or when cars are near or at stations. (4) No car shall be left to remain standing on any street at any time unless the same is waiting for passengers or is unavoidably de- tained. (5) No car shall be allowed to stop on a cross-walk nor in front of any intersecting street, except to avoid collision, or to prevent dam- age to persons in the street, or to take in or leave off passengers. (6) The conductors and employees employed by said company shall use reasonable care and diligence to prevent injury to persons, and on the appearance of danger to any one on or near the track, the cars shall be stopped, when by so doing, such injury may be averted. (7) All proper care shall be used by conductors and employees to prevent injury to teams, wagons, carriages and other vehicles. (8) The conductors shall use proper diligence to prevent ladies, or children under twelve years of age, from leaving or entering the cars while in motion. (9) Conductors shall announce to passengers in a distinct tone the names of all streets crossed as the cars approach such cross-streets, and they shall observe the same rule when nearing the track of any other railway company. (10) No cars shall remain standing at any of the stations more than ten minutes, except at each end of the lines and the stations nearest the passenger depot of any other railway companies, at which excepted stations they may stand a longer time. (See 13 C. P. 218, 775-) SEC. 17. Within thirty days from the publication of this ordinance, said company shall file with the City Clerk a written acceptance of the grants hereinabove made, with the conditions, regulations and limita- tions above expressed, signed by the President and Secretary of said. company, and when so accepted, this ordinance shall operate as a con- tract between the city and said company, and upon failure to file such acceptance as aforesaid, then the above grant shall not become operative to vest any rights, privileges or franchises whatsoever. SEC. 18. This ordinance shall take effect and be in force from and after its publication. HENNEPIN AVE. AND 11TH OR 12TH STREET. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct a Line of Street Railway from the Crossing of Washington and Hennepin Avenues, to Portland Avenue. (Passed June 21, 1876. Approved June 23, 1876. P. 364 Ordi- nance Records; 2 C. P. 38.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis Street Railway Company is hereby. authorized to construct, maintain and operate a line of its road, be- STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 569 MINNEAPOLIS STREET RAILWAY. ginning at the crossing of Washington and Hennepin avenues, and Hennepin running up Hennepin avenue to Eleventh or Twelfth street, and thence 11th or 12th down Eleventh or Twelfth street, as the said company may deem Sts. most practicable, to Portland avenue, subject, however, to all the con- ditions and limitations contained in an ordinance passed July 9th, 1875, and approved July 17th, 1875. This ordinance shall take effect from and after its publica- SEC. 2. tion. PORTLAND OR NICOLLET AVENUE. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Lay Their Track on Portland or Nicollet Avenues from Twelfth Street, and to Operate the Same by Steam Power. (Passed June 21, 1876. Approved June 23, 1876. P. 365 Ordi- nance Records; 2 C. P. 40.) FIRST STREET, FIRST AVENUE SOUTH AND NICOLLET AVENUE. WEST SIDE MOTOR LINE. *An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct a Street Railway on Certain Streets and Ave- nues of the City of Minneapolis. The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Minneapolis Street Railway Company, or its suc- cessors or assigns, are hereby authorized to construct and maintain a street railway line on Portland or Nicollet avenues, from Twelfth street to the south line of the city limits, and to operate the same by steam power, subject, however, to the conditions and limitations con- tained in an ordinance passed July 9th, 1875, providing for the or- ganization and regulation of street railways, except so far as the same ordinance. are hereby amended or repealed. Subject to SEC. 2. This ordinance shall take effect and be in force from and To take after its publication. effect. (Passed July 3, 1878. nance Records; 4 C. P. 76. Approved July 10, 1878. P. 121 Ordi- As amended July 10, 1878, 4 C. P. 82.) Subject to ordinance. To take effect. *Legalized by Chapter 299. Special Laws 1879. p. 410. Street Ry. Ave. or Nic- Portland ollet Ave. Steam power. The City Council of the City of Minneapolis do ordain as follows: I. way line. SECTION 1. That the Minneapolis street Railway Company, its Street raii- successors and assigns. are hereby authorized to construct and main- tain a street railway line upon and over the following named streets and avenues in the City of Minneapolis, viz: Commencing at the inter- section of Nicollet avenue with First street, running thence upon First street to First avenue south, thence upon First avenue south to First St. S. First Ave. S. 570 STREET RAILWAY GRANTS AND FRANCHISES-ORINANCES. 13th St. Nicollet Ave. Steam or other power. Council may prohibit use of steam. Line to be completed, when. Subject to ordinance. Reservation of powers. To take effect. Line of St. railway. 4th Ave. S. Subject to ordinance. To take effect. MINNEAPOLIS STREET RAILWAY. Thirteenth street, thence upon Thirteenth street to Nicollet avenue, and thence upon Nicollet avenue to the southern limits of the city, with all turnouts, switches, turntables and other appurtenances which may be convenient, and to operate such line of railway with animal, steam or other power. Provided, however, that the City Council of said city shall have the right at any time to prohibit the use of steam upon any part of said line wherever it shall deem the public good will be subserved by such prohibition. Provided further, that said line of street railway shall be completed in one year from the first day of July, A. D. 1878. (As amended July 10, 1878, 4 C. P. 82.) SEC. 2. That the Minneapolis Street Railway Company, its suc- cessors and assigns, in the construction, maintenance and operation of said line of street railway shall at all times be subject to all the conditions, limitations, and other provisions of an ordinance of said city entitled "An Ordinance Authorizing and Regulating Street Rail- ways in the City of Minneapolis," passed July 9, 1875, and the City Council and City Government shall have all powers respecting said street railway line which is retained under the provisions of said ordi- nance with reference to the lines of railway mentioned therein. SEC. 3. This ordinance shall take effect and be in force from and after its publication. FOURTH AVENUE SOUTH. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct a Line of Street Railway the Whole Extent of Fourth (4th) Avenue South Within the City Limits. (Passed July 19, 1878. Approved July 22, 1878. P. 131 Ordi- nance Records; 4 C. P. 97.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. The Minneapolis Street Railway Company is hereby authorized to construct, maintain and operate a line of its road, either single or double track, the whole extent or length of Fourth (4th) avenue south, within the city limits, or as much thereof as shall in the opinion of said company be required by the public demands, subject, however, to all the conditions and limitations contained in an ordinance passed July 9th, 1875, and approved July 17th, 1875. SEC. 2. This ordinance shall take effect and be in force from and after its publication. " STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 571 MINNEAPOLIS STREET RAILWAY. LINES ALONG CERTAIN STREETS. An Ordinance Granting to the Minneapolis Street Railway Com- pany a Right of Way Upon and Along Certain Streets in the City of Minneapolis. (Passed July 16, 1879. Approved July 19, 1879. P. 170 Ordinance Records; 5 C. P. 105.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Minneapolis Street Railway Company is here- by granted the right to extend and operate its line of street railroad St. Ry. line. from the intersection of Hennepin avenue with Twelfth (12th) street, in Minneapolis, to Janes street, thence along Janes street and Haw- thorne avenue to the city limits on the south side of said city, in accord- ance with the provisions of an ordinance regulating street railways, passed by the City Council of Minneapolis, July 9th, 1875, and ap- proved July 17th, 1875. SEC. 2. This ordinance shall take effect and be in force from and after its publication. STEAM POWER REVOKED. An Ordinance Revoking all Authority Heretofore Given for the Use of Steam as Motive Power on First Street and on First Avenue South in the City of Minneapolis. (Passed March 22, 1882. Approved March 25, 1882. P. 273 Or- dinance Records; 7 C. P. 293. As amended Oct. 4, 1882, 8 C. P. 250; April 7, 1883, 8 C. P. 347; May 31, 1883, 9 C. P. 80; Dec. 31, 1883, 9 C. P. 411; March 26, 1884, 9 C. P. 481; June 12, 1884, 10 C. P. 133; Oct. 22, 1885, II C. P. 519; Oct. 29, 1886, 12 C. P. 555.) 12th. St. Janes St. Av Subject to Hawthorn ordinance. To take effect. The City Council of the City of Minneapolis do ordain as follows: I. revoked. SECTION 1. That any and all authority heretofore, by ordinance or Authority otherwise, given to the Minneapolis Street Railway Company, its suc- cessors or assigns, or to any other person, to operate any line of rail- ways upon or over First street or First avenue south in the City of Minneapolis, with steam power, is hereby revoked, and the use of steam as motive power in the operation of any line of street railway Use of steam upon or over said streets or either or any part of them is hereby pro- hibited. prohibited. SEC. 2. That permission be, and the same is, hereby given to any Temporary person who is at present using steam as motive power in the operation of any line of street railway upon or over said streets, to continue such use of steam as motive power thereon, for the purposes of a use of steam. 572 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. Control by council. Not below Washington Ave. To take effect. Conditions of extension. Length of cars. Cars every half hour. Note. Sections 3 and 4 of amendatory ordinance approved Oct. 29, 1886, 12 C. P. 555, contain the following additional provisions: Section 3. Provided, however, that in the extension in this ordi- nance given on the right to use steam as a motive power any company now or hereafter operating a street railway line on Nicollet avenue, Thirteenth street and First avenue south, in the City of Minneapolis, is No additional upon the following conditions: That such company shall use no more cars. passenger cars than they have now in possession, and use which shall be longer than thirty-five feet; that it shall run trains between Wash- ington avenue, said city, and the so-called Lake Calhoun station in Cars every 20 said city each way once in every twenty minutes between the hours of six o'clock in the morning and nine o'clock at night, and at least every half hour between the hours of nine o'clock and eleven o'clock at night, except that no train need leave said Lake Calhoun station coming to said Washington avenue after half-past ten at night: And provided also, that any such company running and operating a street railway line upon said streets and avenues above named is hereby required to use as a motive power between Twentieth street and Washington avenue some power other than animal power in order that any such company may afford the best practicable and safe means for rapid transit to the people residing in the region of country ac- commodated by said railway company, which motive power so used shall not be changed between Twentieth street and Washington avenue. And provided further that all switching at the northerly terminus of the operation of said road as herein permitted shall be done between Washington avenue and Third street. Motive pow- er to be used. Rapid transit. Power not changed, where. Switching, where done. Further conditions. Cable line. MINNEAPOLIS STREET RAILWAY. Right to use steam to cease, when. street railway only, in such manner as to be least objectionable to the public, and subject at all times to the control of the City Council of the City of Minneapolis, until such time as such person can substitute other suitable power therefore, but not longer, however, than until November 1st, 1889. Provided, that steam shall not longer be used as a motive power on said First street, nor on said First avenue south in said city below or northeast of Washington avenue south in said city. (As amended March 26, 1884, 9 C. P. 481; Oct. 29, 1886, 12 C. P. 555.) power. Section 4. The permission hereby given to use steam and the further use of steam as a motive power upon said streets of said city is given upon the further express condition that if the company operating said Other motive line shall not have found some motive power other than steam by the first day of November, A. D. 1887, which motive power shall be satis- factory to the City Council of said city, such satisfaction to be expressed by an ordinance duly passed that then and in such case said company operating said line of railway shall take steps to put in upon its said. line from Washington avenue to Thirty-first street, a cable line and cable line plant, and if said company shall not have expended upon such cable line and plant by the first day of November, A. D. 1888, at least one-half of the amount necessary to put such cable line in complete operation, then the right hereby given to use steam upon said avenues shall cease from and after such date, but if said company shall at that SEC. 3. This ordinance shall take effect and be in force from and after its publication. STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 573 MINNEAPOLIS STREET RAILWAY. date have expended one-half of the amount of money necessary to put such cable line into complete operation, that then and in such case said company may continue to use steam as a motive power upon said streets and avenues until the first day of November, A. D. 1889, at which date said cable line shall be completed and in successful operation to Thirty-first street in said city. COBBLE STONE PAVING. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Pave Between the Rails of Its Tracks With Cobble- stone. (Passed June 14, 1882. Approved June 26, 1882. P. 298 Ordi- nance Records; 8 C. P. 101.) NICOLLET AVENUE-MOTOR. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Lay Their Track on Nicollet Avenue from Thirty- seventh Street South to Fiftieth Street South, and to Operate the Same by Animal, Steam or Other Power. The City Council of the City of Minneapolis do ordain as follows: I. between SECTION 1. That the Minneapolis Street Railway Company is Cobblestone hereby authorized to pave the space between the rails of its tracks with pavement cobblestone, the same to be laid in a good and substantial manner, and rails. such pavement by said company shall be deemed and accepted as a full compliance with the terms of section six of an ordinance authorizing and regulating street railways in the City of Minneapolis, passed July 9th, 1875, and approved July 17th, 1875. SEC. 2. This ordinance shall take effect and be in force from and after its publication. (Passed April 29, 1887. Approved May 2, 1887. Published May 5, 1887; 13 C. P. 55.) Use of steam to be con- tinued, when. Same accepted by city, etc. Take effect. The City Council of the City of Minneapolis do ordain as follows: line. SECTION 1. That the Minneapolis Street Railway Company, its Street Ry. successors or assigns, arę hereby authorized to construct and maintain a street railway line upon and over the following named avenue of said City of Minneapolis, viz: Commencing at the intersection of Thirty- Location. seventh street south and Nicollet avenue and running thence upon said Nicollet avenue to Fiftieth street south, with all turnouts, switches, turntables, and other appurtenances which may be convenient; and to operate such line of railway with animal, steam, or other power. Provided, said line of railway must be completed and operated within four months from the 1st day of May, 1887. Nicollet Ave. Turnouts. etc. Power. when to be completed. 574 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. Grant subject to ordinance. Powers of city. To take effect. Street Ry. line. Description. 2nd St. N. E. 27th Ave. N. E. 42 St. N. E. Turnouts, etc. Power. Ordinance void, when. Time to be completed. Subject to ordinance. Take effect. MINNEAPOLIS STREET RAILWAY. SEC. 2. That in the construction, maintenance and operations of said line of street railway, said Minneapolis Street Railway Company, its successors and assigns, shall at all times be subject to all the con- ditions, limitations and other provisions of an ordinance of said city entitled "An ordinance authorizing and regulating street railways in the City of Minneapolis," passed July 9, 1875, and the City Council. and City Government shall have all powers respecting said street rail- way line which is retained under the provisions of said ordinance with. reference to the lines of railway mentioned therein. SEC. 3. This ordinance shall take effect and be in force from and after its publication. SECOND STREET N. E., ETC. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct a Street Railway on Certain Streets and Avenues in the City of Minneapolis. (Passed May 13, 1887. Approved May 16, 1887. Published May 18, 1887; 13 C. P. 102.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Minneapolis Street Railway Company, its successors or assigns, are hereby authorized to construct and maintain a street railway line upon and over the following streets and avenues in the City of Minneapolis, to-wit: Commencing at a point on Second street northeast, opposite lot five (5), block fourteen (14), Marshall's Addition to St. Anthony, as per plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin county, State of Minnesota. Thence north on said Second street northeast; thence east on Twenty-seventh avenue northeast to Four-and-one-half street north- east; thence northerly to the city limits, with all turnouts, switches, turntables and other appurtenances which may be convenient, and to operate such line of railway with animal, steam or other power. SEC. 2. All rights and authority herein granted shall be void and of no effect unless the railway herein authorized shall have been com- pleted and in full operation on or before the first day of September, 1887. SEC. 3. That in the construction, maintenance and operation of said line of street railway, said Minneapolis Street Railway Company, its successors and assigns shall at all times be subject to all the con- ditions, limitations and other provisions of an ordinance of said city entitled, An ordinance authorizing and regulating street railways in the City of Minneapolis, passed July 9, 1875. SEC. 4. This ordinance shall take effect and be in force from and after its publication. STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 575 ¡ MINNEAPOLIS STREET RAILWAY. BRYANT AVENUE. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Lay Its Track on Bryant Avenue from Thirty-first (31st) Street South to Forty-sixth (46th) Street South, and Thence on Forty-sixth (46th) Street to or Near Lake, Harriet, and to Operate the Same by Animal, Steam or Other Power. (Passed April 6, 1888. Approved April 11, 1888. Published April 12, 1888; 13 C. P. 971.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That the Minneapolis Street Railway Company, its Street Ry. successors or assigns, are hereby authorized to construct and maintain a street railway line upon and over the following named streets of said City of Minneapolis, viz: Commencing at the intersection of Thirty- Description. first street south and Bryant avenue, and running thence upon said Bryant Ave. Bryant avenue, south to Forty-sixth street, thence west on Forty-sixth 46th St. street, to or near Lake Harriet, with all turnouts, switches, turntables Turnouts, and other appurtenances which may be convenient, and to operate such line of railway with animal, steam or other power. Subject to SEC. 2. That in the construction, maintenance and operation of said line of street railway, the said Minneapolis Street Railway Com- pany, its successors and assigns, shall at all times be subject to all the conditions, limitations and other provisions of an ordinance of said ordinance. city entitled "An ordinance authorizing and regulating street railways in the City of Minneapolis, passed July 9, 1875," and the City Council and City Government shall have all powers respecting said street rail- way line which is retained under the provisions of said ordinance with reference to the lines of railway mentioned therein. SEC. 3. This ordinance shall take effect and be in force from and To take after its publication. effect. SOFT COAL PROHIBITED. An Ordinance to Prohibit the Use of Soft Coal on all Locomotive Engines and Motors of the So-called Motor Line and all Its Branches Within the Limits of the City of Minneapolis. (Passed April 5, 1889. Approved April 6, 1889. Published April 11, 1889; 15 C. P. 156.) I etc. Power. The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the use of soft coal on all locomotive engines and motors upon that of the Minneapolis street railway known as the motor line be and the same is hereby prohibited within the limits of the City of Minneapolis. SEC. 2. Any person or officer of said corporation violating the provisions of this ordinance, upon conviction thereof before the Munici- Use of soft coal on motor line prohibited. Penalty. 576 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. To take effect. Double line. Street railway. Location. University Ave. Cambridge St. Washington Ave. 15th Ave. S. Third St. Turnouts, etc. Motive pow- er, electricity Poles, wires, etc. Where placed, etc. To be com- pleted, when. Conditions of grant. Annual fee of $25. Subject to ordinance. Other ordinance. MINNEAPOLIS STREET RAILWAY. pal Court of the City of Minneapolis, shall be fined not less than twenty- five dollars nor more than one hundred dollars, or be confined in the county jail, city prison or city workhouse not less than thirty days nor more than ninety days. SEC. 3. This ordinance shall be in force from and after its publication. UNIVERSITY AVENUE, ETC. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct Its Tracks and Operate an Electric Railway on the Streets Therein Named. (Passed Sept. 27, 1889. Approved Oct. 3, 1889. Published Oct. 4, 1889, in the Minneapolis Tribune; 15 C. P. 579.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That the Minneapolis Street Railway Company, its successors and assigns, are hereby authorized to construct and main- tain a double line of its street railway with tracks of standard gauge upon and over the following named streets and avenues in the City of Minneapolis, viz: Commencing on University avenue at the city. limits; thence on said University avenue to Cambridge street; thence on Cambridge street to Washington avenue; thence on Washington avenue to Fifteenth avenue south; thence on Fifteenth avenue south to Third street; thence on Third street to First avenue south, with all turnouts, switches, turntables and other appurtenances which may be necessary and convenient, and to operate the same by electricity as a motive power, and erect and maintain upon and along said streets and avenues such poles, wires or other appliances as may be necessary to operate said line by electricity, under the supervision and approval of the City Engineer; provided, however, that on University avenue from the city limits to Cambridge street the poles shall be erected in the center of the street with cross trees placed thereon, from which the wires shall be suspended. SEC. 2. The said line shall be constructed and in operation on or before July first (1st), 1890. SEC. 3. This ordinance is granted upon the express condition and requirement that the said Minneapolis Street Railway Company shall pay to the City Treasurer of the City of Minneapolis on the first. Monday of January of each year after said line is constructed, an' annual tax or license fee of twenty-five dollars per car for the average number of cars operated by it on said line or on any portion thereof during the next preceding year. SEC. 4. In the construction, maintenance and operation of said line of railway, said Minneapolis Street Railway Company, its suc- cessors and assigns, shall at all times be subject to all the conditions and limitations and other provisions of an ordinance entitled "An Ordinance authorizing and regulating street railways in the City of Minneapolis," passed July 9th, 1875, and approved July 17th, 1875, as the same has been amended and is now in force, and all other ordinances STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 577 MINNEAPOLIS STREET RAILWAY. now in force or hereafter adopted of said city, as far as applicable, and Resolution. shall also be subject to all the provisions of a resolution passed by the City Council of the City of Minneapolis, July 19th, 1889, and approved July 26th, 1889, so far as the same is applicable. SEC. 5. This ordinance shall take effect and be in force from and To take after its publication. effect. "T" RAIL ON UNIVERSITY AVENUE S. E. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Lay and Use a "T" Rail on University Avenue South- east from Cambridge Street to the East City Limits in the Operation of Its Railway Lines on Said University Avenue. - (Passed June 27, 1890. Approved July 2, 1890. Published July 5, 1890, in the Minneapolis Tribune, 16 C. P. 353.) The City Council of the City of Minneapolis do ordain as follows: I. On Uni- SECTION 1. That the Minneapolis Street Railway Company is May lay hereby authorized to lay and use a "T" ràil (so-called) of not less weight than forty-five (45) pounds to the yard, on University avenue Location. southeast from Cambridge street to the east city limits, in the City versity Ave. of Minneapolis, in its operation of its line of street railway on said University avenue, as provided in that certain ordinance of the City of Minneapolis entitled "An ordinance authorizing the Minneapolis Street Railway Company to construct its tracks and operate an electric railway on streets herein named," approved October 3rd, 1889, and as hereinafter provided, to-wit: First-That said railway company shall boulevard a space twenty- five (25) feet in width, the center line of which space shall be the center line of said University avenue, and shall sod said space on the outside of and between the tracks and rails of said company, and shall for such time as the City Council permits the boulevard maintain and keep the same in good condition, the same as other parks are kept, and shall plank all the street crossings of said University avenue in a proper manner at the time of laying the tracks thereon and shall thereafter keep the crossings in good condition for the crossing of ordinary vehicles and shall shape the roadways on each side of said boulevard in such manner as the City Engineer shall direct. Second-Whenever it is deemed necessary by the City Council of the City of Minneapolis to pave and otherwise improve the said Uni- versity avenue the said railway company shall put in curbing, of the same kind used by the city on said University avenue, on the outer lines of said boulevard, and shall pave said crossings with the same And pave kind of pavement used in the pavement of University avenue and shall thereafter keep the same in as good condition as the rest of said crossings. avenue. Company to and sod space in street. Keep same center of in good condition. Plank cross- ings, etc. Company boulevard. to curb SEC. 2. When said boulevard shall have been constructed as herein provided, it shall be unlawful for any person or persons, not walk over engaged in the maintenance of said boulevard and railroad, to ride, boulevard. Unlawful to ride.drive or 578 STREET RAILWAY GRANTS AND FRANCHISES-ORINANCES. Park rules to apply. Acceptance of ordinance. Filing same. To take effect. Authorized to operate street rail- way line by electricity. May main- tain poles, wires and conduits. Poles in center of street, etc. How con- structed. MINNEAPOLIS STREET RAILWAY. drive or walk over said boulevard, in such manner as to interfere with the keeping of the same in proper condition, and the same rules gov- erning the protection of other boulevards and parks in said city shall be applied to the same. SEC. 3. Before this ordinance shall be of any force or effect, the said railway company shall accept the same by filing with the City Clerk of said City its written acceptance thereof, agreeing to carry out all the matter and things herein contained. SEC. 4. This ordinance shall take effect and be in force from and after its publication and acceptance by said company, as provided in section three of this ordinance. G The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That the Minneapolis Street Railway Company, its successors and assigns are hereby authorized to operate all its existing lines of street railway, in the City of Minneapolis, and all its lines here- after constructed in said city, by electricity as a motive power; and to erect, construct and maintain upon and along the several streets and avenues of said city, where such lines are, or may be located, all such poles, wires, conduits or other appurtenances and appliances as may be necessary to operate said lines of railway by electricity. Provided that upon all said railway lines where poles are used, except the line now in operation, known as the Fourth avenue line, the poles shall be erected in the center of the street, with cross trees placed thereon from which the wires shall be suspended, and shall be so erected under the supervision and to the approval of the City Engineer of said city. SEC. 2. All the lines of street railway in the City of Minneapolis be completed, heretofore constructed by said Street Railway Company and now in All lines to operation, and all new lines and extensions of existing lines heretofore ordered by the City Council of the City of Minneapolis, or the build- ing of which has by ordinance or resolution of said City Council been authorized, shall be constructed, completed and fully equipped for operation by electricity as a motive power, the St. Paul line, the Wash- ington avenue line and the First avenue line on or before November Ist, 1890, the Hennepin avenue and Harrison street line on or before November 1st, 1891, and all other lines on or before December 31st, 1891. ELECTRIC RAILWAYS. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Construct and Maintain Tracks, and to Operate All Its Railway Lines in the City of Minneapolis, by Electricity. (Passed Sept. 19, 1890. Approved Sept. 22, 1890. Published Sept. 24, 1890, in the Minneapolis Tribune, 16 C. P. 547. As amended Nov. 26, 1892, 18 C. P. 668; Dec. 29, 1892, 18 C. P. 713; July 28, 1893, 19 C. P. 468.) SEC. 3. Said railway lines shall be constructed of the standard gauge, and shall be built upon the most approved method, so as to interfere as little as practicable with all other public uses of the streets, STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 579 MINNEAPOLIS STREET RAILWAY. and both material and workmanship shall be the best of their class and Equipment. kind, and the cars used on said lines shall be constructed and maintained with all of the latest improvements for the comfort and convenience of passengers, and shall be used for no other purpose than for the transportation of passengers, and the cars upon said lines shall be run at a rate of speed not less than an average of eight miles per hour. Rate of Where the streets through which said railway line runs are paved, or the surface thereof otherwise improved, at the time the said lines are constructed, or at any time thereafter, the said company shall pave or otherwise improve the space between the rails of their tracks and between their tracks, so that it shall substantially correspond with the improvement of the street outside of the tracks. speed. SEC. 4. No more than two cars attached together shall be run on any of said lines except by special permission of the City Council, one of which shall be the motor car; and the trolley lines maintained by said company shall have such guards to prevent accidents as the City Council shall from time to time direct. company to pave be- tween tracks. Cars attached together. Guards for trolley lines. be changed. SEC. 5. In case any other electric system preferable to the over- System may head wire system shall prove a practical success, the City Council shall have the right to designate any existing line, operated by said Street Railway Company as a line on which to experiment with said new electric motive system, and said company shall at once proceed to equip said line so designated with said new electric system; and, if after the same has been operated six months the City Council deems it a prac- tical and superior power to the overhead wire system, it shall have the right to order the entire existing street railway system, or any line or lines thereof, to be operated with such new electric motive system. Cars shall treme limits, run to ex- etc. on car, etc. SEC. 6. Passenger cars on said lines shall run between extreme limits on extensions to or near the intersection of Hennepin and Nicollet avenues, without change to passengers traveling thereon; and said street railway company shall deliver, at the junction or inter- section-of any of its lines within the City of Minneapolis a transfer to any passengers demanding the same and who shall pay one full fare, which transfer shall entitle the passenger so receiving the same to a continuous passage on the line so intersected, joined or connected with; said transfer shall be issued to said passenger by the conductor To be issued or other agent of said company and from and upon the car which said passenger has paid his full fare, provided that no passenger shall be entitled to more than one transfer for one fare, and provided that the transfer shall be used only by the person receiving the same for a continuous passage and shall be used on the next car departing on the connecting or intersecting line on which it is to be used; but said company shall not be required to issue transfers for through travel to or from the Interurban cars now operated between the cities of Minneapolis and St. Paul; provided that transfers for local trans- and St. Paul. portation shall be issued to and from Interurban cars to all persons using said cars for local travel. All Interurban cars shall continue Stopping at crossings. to stop at the same number of crossings as at present and at such other crossings as the Council shall hereafter direct. No transfer between Minneapolis Transfers. Used only for continuous passage. 582 STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. How painted, etc. Rate of speed. Fare be- tween Min- neapolis and St. Paul. The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Minneapolis Street Railway Company, its successors and assigns, the authority, right and Stops, where, privilege to operate through interurban cars to and from the central Interurban cars may be operated without business portion of the City of Minneapolis to the eastern city limits of said City, without making any stop or stops between the point where Washington avenue and Cedar avenue intersect, in the City of Minne- apolis and the eastern city limits of said city. Said through interurban cars shall be conspicuously painted and labeled so that they may be readily distinguished from all other cars operated over the lines of said Minneapolis Street Railway Company, and shall be operated by said Minneapolis Street Railway Company, its successors and assigns, over and along its tracks on Hennepin avenue, Sixth street, First av- enue south, Washington avenue, and University avenue, at a rate of speed that is not unsafe and unreasonably high. P Local fare. Transfers. Subject to ordinances relative to transfers. Right granted to terminate, when. MINNEAPOLIS STREET RAILWAY. THROUGH CARS ON INTERURBAN LINE. An Ordinance Authorizing the Minneapolis Street Railway Com- pany to Operate Through Cars from the Central Portion of the City of Minneapolis to the Eastern Limits of Said City. (Passed June 30, 1899. Passed over Mayor's veto July 14, 1899. Published July 18, 1899, in The Minneapolis Times, 25 C. P. 377.) SECTION 2. Said Minneapolis Street Railway Company, its suc- cessors and assigns, shall have the authority and right to charge and collect fifteen cents for each passenger, or person, riding to or from any point in the City of Minneapolis, to or from any point in the City of St. Paul, on said through interurban cars; provided, that no more than five cents shall be charged and collected as fare between the cen- tral business portion of the city, and Oak street southeast. Provided, however, that said Minneapolis Street Railway Company, its successors. and assigns, shall receive and accept a transfer issued by it pursuant to any provision or provisions of the ordinance of the City of Minne- apolis now in force, relative to transfers, as and for five cents on ac- count of such fifteen cent fare; and shall also issue a transfer to any passenger or person riding on said through interurban cars, who has paid one full fare of fifteen cents, as herein provided, which said trans- fer shall entitle any person so receiving the same to ride upon any line, or lines, of said Minneapolis Street Railway Company, its successors and assigns, operated within the City of Minneapolis; subject, how- ever, to all the limitations and conditions now existing relative to the issuance and use of transfers provided for in ordinances now in force in the City of Minneapolis, relative to street railway lines. SEC. 3. The right herein granted to operate through interurban cars, and to receive and collect fifteen cents for passengers riding there- on, shall cease and terminate at the expiration of three years from the passage of this ordinance, unless further extended by the City Coun- cil of the City of Minneapolis. SEC. 4. Said Minneapolis Street Railway Company, its successors W Local inter- urban cars to continue to and assigns, shall continue to operate local interurban cars to and from be operated. STREET RAILWAY GRANTS AND FRANCHISES-ORDINANCES. 583 MINNEAPOLIS STREET RAILWAY. the business portion of the City of Minneapolis to the business portion of the City of St. Paul, over the route specified in this ordinance; pro- vided, that said Minneapolis Street Railway Company shall maintain in said local interurban service cars as large, convenient and well equipped, as those now in operation on said line, sufficient to reason- ably accommodate the traveling public, such local interurban cars to be operated at intervals not exceeding ten minutes apart. Said Minne- apolis Street Railway Company, its successors and assigns, shall stop such local interurban cars for the purpose of taking on and letting off passengers at all cross streets at which it is now incumbent upon said company to stop its interurban cars for the purpose of receiving and discharging passengers, as well as at all other cross streets which the City Council of the City of Minneapolis may hereafter designate; and provided, further, that said local interurban cars shall be so operated as to make the trip between the terminus of said line in the City of Min- trips. neapolis and the terminus of said line in the City of St. Paul within a period of one hour; provided, however, that in case the City Council of the City of Minnaepolis shall require such number of additional Additional stops to be made hereafter as shall necessarily increase the time re- quired to make such trip, the time thus added by such additional stops. may be added to the said one hour's time for said trip. And provided, further, that said Minneapolis Street Railway Company, its successors and assigns, shall cause all cars operated on the above mentioned line, either through or local, to come to a full stop at the street crossing at Oak street and University avenue southeast, and take on and let off passengers. One hour stops, time increased. Kind and equipment. Intervals be- tween cars. Stops to be made, where. All cars to stop at Oak versity Ave. St. and Uni- SEC. 5. Said Minneapolis Street Railway Company shall have the right to avail itself of the terms and provisions of this ordinance by accepting the same in writing and agreeing to all the terms and pro- visions hereof, which said acceptance shall be made within thirty (30) days from and after the passage and publication of this ordinance, and shall be in writing, signed by the president and secretary of said com- pany, and filed with the City Clerk of the City of Minneapolis; and said acceptance shall be in such form as shall be approved by the City Attorney of the City of Minneapolis. SEC. 6. This ordinance shall take effect and be in force from and To take after its passage, publication and acceptance, as herein provided for. effect. Acceptance of ordinance. Agreement. Form. 584 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Grantees. For 40 years. Exclusive right to manufacture and sell gas. For public and private use. Exclusive right to lay gas pipes in streets, etc. Private rights. Entry upon streets, etc. Care to be taken. Guards and protection against accidents. City lighting. SEC. 2. That the said persons named in the first section of this ordinance, their heirs, executors, administrators, and assigns, shall have the right, by themselves, or their employes, agents, and servants, to enter upon any of the streets, avenues, lanes, alleys, squares, and Excavations. public grounds of said city, and to dig up the same, and use such measures as may be necessary to lay the gas pipes through the same. Provided, that such work shall be done in the manner that will cause as little inconvenience as possible to the citizens of said city, and shall not interfere with or injure the water pipes, or hydrants in said city; and while making excavations in the streets and crossings shall keep the same properly and reasonably guarded and protected, to prevent accidents to persons using such streets. Contracts and regulations. GAS FRANCHISE, D. MORRISON, Et Al. *An Ordinance Granting to Certain Persons the Right to Manufac- ture and Sell Gas in the City of Minneapolis. (Passed Feb. 21, 1870. Approved Feb. 24, 1870, p. 96, Ordinance Records.) The Common Council of the City of Minneapolis do ordain as follows: SECTION I. That Dorilus Morrison, H. S. Southard, W. P. West- fall, S. C. Gale, and F. A. Gilson, and their heirs, executors, adminis- trators and assigns, shall have, for the period of forty years, the ex- clusive right and privilege of manufacturing and selling gas, to be made from coal and other materials, in the City of Minneapolis, for the purpose of lighting the City of Minneapolis, and the streets, ave- nues, lanes, alleys, and squares, and public grounds thereof, and the buildings, manufactories and houses therein situated and contained, and to have the exclusive right to lay pipes for the purpose of con- ducting gas in any of the streets, avenues, lanes, alleys, squares and public grounds of the said city, and to adopt any other means neces- sary to furnish gas to any inhabitants of said city; it being under- stood that this ordinance is not to interfere with the right of any person, or persons, to light his or their buildings or manufactories with gas manufactured by the owner or occupant of such buildings for that purpose. SEC. 3. The said persons hereinbefore named, their heirs, execu- tors, administrators, and assigns, and the Common Council of the City of Minneapolis may contract for and make regulations relating to the lighting of said city with gas, in such manner as may be agreed. upon, and they may make generally such contracts in relation thereto as may be beneficial to the said respective parties. In case the said persons, or their representatives and assigns, and the Common Council *Confirmed by Chapter 301, Special Laws 1879, p. 411. †Then wholly on west side of Mississippi river. See Special Laws 1867, n. 46. 1 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 585 GAS FRANCHISE-D. MORRISON, ET AL. arbitrators. of the City of Minneapolis cannot agree on the price to be charged Arbitration. for gas by said persons, from time to time, then it shall be left to the arbitration and award of three disinterested persons to fix and de- termine said price. The said persons, their representatives, or assigns, Arbitrators, shall, whenever notified so to do by the Common Council of said city, how chosen. select one person to act as arbitrator, and the Common Council of said city one person for such purpose, and the two so selected shall choose a third; and said three arbitrators shall, with all convenient Duties of dispatch, proceed to hear the proofs and allegations of the parties, and shall thereupon name and fix a price, by report in writing, which shall be paid by said city for the use of gas for such a time as may be agreed upon, and submitted to arbitrators, and not less than one year. In case any, of the parties selected should decline or neglect to vacancies, act, the party selecting the person who declines, may select another, or others, until arbitrators can be found who will act; and the determi- Decision nation of such arbitrators shall be binding on both parties for the final. term submitted. During the pendency of such arbitration the said Terms persons shall furnish gas and receive as compensation therefor the amount fixed by said arbitrators. how filled. during arbitration. when laid. SEC. 4. That said persons, or their assigns, shall commence the Pipes, etc., construction of their works within six months from the passage of this ordinance, and shall, within eighteen months from the passage. thereof, have not less than a mile and a half of pipe laid in said City of Minneapolis, and gas works erected and be ready in all respects to furnish gas to those applying for it; and shall furnish gas to the Gas to be corporation of said city whenever and wherever required to the ex- furnished tent of which said persons, their heirs, executors, or assigns may have their pipes laid, at rates not exceeding those charged by com- Price. panies in neighboring cities, regard being had to freight and charges for material for manufacturing gas. In case of disagreement be- Disagree- tween said persons and the Common Council of the city, as to the ment, price, price to be charged for gas to said corporation, the same shall be fixed as provided in section three of this ordinance. city. how Entry of SEC. 5. The said persons, or their assigns, and representatives, buildings. shall have the right and power by their agents, or in person, to enter any public or private building, or house, in said city in the daytime, for the purpose of examining the gas meter in such building, in accord- ance with the regulations that may be established by said persons concerning the use of gas and gas meters in houses and buildings in said city. Injury to SEC. 6. If any person shall wilfully do, or cause to be done, any machines, act, or acts, whatsoever, to injure any machine, pipe, or structure pipes, etc. whatsoever, or anything appertaining to the works of said persons, their heirs, executors or assigns, erected, used, kept or designed by them for the purpose of furnishing and supplying said city, or the citizens thereof with gas, whereby the same may be obstructed, or in any manner injured or damaged, the person so offending may, upon Penalty. conviction thereof before any City Justice, be fined not exceeding one. hundred dollars or imprisoned in the city or county jail not exceed- ing ninety days (or by both such fine and imprisonment). (See 13 C. P., p. 971.) 586 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Forfeiture of grant. Exempt from tax, when. City may purchase. Value, how determined. Arbitrators to fix price. Extension of grant. Take effect. Grantees. Exclusive right and privilege. GAS FRANCHISE-T. A. MURPHY, ET AL. SEC. 7. Any failure on the part of said persons named in the first section of this ordinance, their heirs, executors, administrators, and assigns, to comply with the provisions of section four of this ordi- nance, shall cause a forfeiture of all the rights and privileges by this ordinance granted. SEC. 8. In consideration of the said persons, in the first section. of this ordinance named, furnishing gas as in this ordinance pro- vided, the gas manufactory and real estate on which the same is situ- ated and owned by said persons for the purpose of manufacturing gas, and all pipes, and coal and other material whatever, used for and in the business of manufacturing gas for said city, shall be exempt from all municipal taxation by the said City of Minneapolis for the period. of three years from and after the passage of this ordinance. SEC. 9. That if, at the expiration of forty years, the said city. shall desire to purchase said franchise and said gas works, they shall have the privilege of doing so upon the following terms, namely: That said city may purchase the franchise pertaining to its territory, and gas pipes, works, fixtures and other property pertaining to said. business at the actual value of the same; the value to be fixed by three arbitrators, who are to be chosen as follows: One by said city, one by the owners of the franchise, and the third by the arbitrators thus chosen; and the arbitrament, or award of value, made by these. three, or a majority of them, shall be the price at which said city may purchase said franchise and property. SEC. 10. That should the city decline to purchase at the valua- tion as aforesaid, then said rights, franchises and privileges are to continue twenty years longer to the said persons, their heirs, execu- tors, administrators and assigns, with the conditions hereinbefore in this ordinance stated. SEC. II. This ordinance shall take effect and be in force from and after its publication. GAS FRANCHISE-T. A. MURPHY ET AL. An Ordinance Granting to Certain Persons the Right to Manufac- ture, Furnish and Sell Gas in the City of Saint Anthony, Min- nesota. (Passed and approved Dec. 5, 1871; as amended April 8, 1872; pp. 79 and 91, Ordinance Records of St. Anthony.) Be It Ordained by the City Council of the City of Saint Anthony: SECTION I. That Thomas A. Murphy, Ashley C. Morrill, Jona- than Chase, Herbert M. Carpenter, William W. McNair and their heirs, executors, administrators and assigns shall have for the period of fifty years, the exclusive right and privilege of manufacturing, fur- nishing and selling gas, to be made from coal and other materials in the City of Saint Anthony, and the streets, avenues, lanes, alleys, squares and public grounds thereof, and the buildings, manufactories and houses therein, situated and contained, and to have the exclusive MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 587 GAS FRANCHISE-T. A. MURPHY, ET AL. right to lay pipes for the purpose of conducting gas in any of the streets, avenues, lanes, alleys, squares and public grounds of the said city, and to adopt any other means necessary to furnish gas to any inhabitants of said city, it being understood that this ordinance is not to interfere with the right of any person or persons to light his or Private their buildings, or manufactories with gas manufactured by the owner or occupant of such buildings for that purpose. rights. streets, etc. SEC. 2. That the said persons named in the first section of this Entry upon ordinance, their heirs, executors, administrators and assigns, shall have the right, by themselves or their employes, agents and servants, to enter upon any of the streets, avenues, lanes, alleys, squares and public grounds of said city, and to dig up the same and use such means as may be necessary to lay the gas pipes through the same. Excavations. taken. Provided, That such work shall be done in the manner that will Care to be cause as little inconvenience as possible to the citizens of said city, and while making excavations in the streets and crossings, shall keep the same properly and reasonably guarded and protected to prevent Guards and accidents to persons using such streets, and that they shall indemnify protection and save harmless the said city from all claims for damages which accidents. may be sustained by any person who shall be injured by any such accident. Use of gas pipes. streets for Arbitrators, SEC. 3.-The said persons hereinbefore named, their heirs, execu- tors, administrators and assigns, and the City Council of the City of St. Anthony, may contract for and make regulations relating to the lighting of said city with gas in such manner as may be agreed upon; and they may make generally such contracts, in relation thereto, as may be beneficial to the said respective parties. In case the said persons, Arbitration. or their representatives and assigns, and the City Council of the City of St. Anthony can not agree on the price to be charged for gas by said persons, from time to time, then it shall be left to the arbi- tration and award of three disinterested persons to fix and determine said price. The said persons, their representatives or assigns shall, how chosen. whenever notified so to do by the City Council of said city, select one person to act as arbitrator, and the City Council of said city one person for such purpose, and the two so selected shall choose a third, and said three arbitrators shall, with all convenient dispatch, proceed to Duties of hear the proofs and allegations of the parties, and shall thereupon name and fix a price by report in writing, which shall be paid by said. city for the use of gas for such time as may be agreed upon and sub- mitted to arbitrators and not less than one year. In case any of the Vacancies, parties selected should decline or neglect to act, the party selecting the person who declines, may select another or others until arbi- trators can be found who will act, and the determination of such arbitration shall be binding on both parties for the term submitted. Decision During the pendency of such arbitration the said persons shall fur- final. nish gas and receive as compensation therefor the amount affixed during by said arbitrators. arbitrators. how Terms arbitration. City lighting. SEC. 4. That said persons, or their assigns, shall, within twenty- four months from the passage hereof, have not less than a half mile of pipe laid in said City of Saint Anthony, and be ready in all re- spects to furnish gas to those applying for it, and shall furnish gas to gas. Furnishing Pipes, when 588 MISCELLANEOUS GRANTS AND FRANCHISES—ORDINANCES. Extent. Price of gas. Disagree- ment. Price, how fixed. Entry of buildings. When. Gas meter regulations. Injury to pipes, etc. Penalty. Forfeiture of grant. City may purchase. For actual value. To be fixed by arbitra- tors. How chosen. S Award to be purchase price. Grant to be extended, when. How long. To take effect. GAS FRANCHISE―T. A. MURPHY, ET AL. the corporation of said city whenever and wherever required, to the extent to which such persons, their heirs, executors or assigns may have their pipes laid, at rates not exceeding those charged by com- panies in neighboring cities, regard being had to freight and charges for material for manufacturing gas. In case of disagreement between said persons and the City Council of the city, as to the price to be charged for gas to said corporation, the same shall be fixed as pro- vided by section three of this ordinance. (As amended April 8, 1872, p. 91, Ordinance Records of St. Anthony.) SEC. 5. The said persons, or their assigns or representatives, shall have the right and power, by their agents or in person, to enter any public or private building or house in said city, in the day time, for the purpose of examining the gas meter in such building, in accordance with the regulations that may be established by said per- sons, concerning the use of gas and gas meters in houses and build- ings in said city. - SEC. 6. If any person shall wilfully do, or cause to be done, any act or acts, whatsoever, to injure any machine, pipe, or structure whatsoever, or anything appertaining to the works of said persons, their heirs, executors or assigns, erected, used, kept or designed by them for the purpose of furnishing and supplying said city, or the citizens there- of, with gas, whereby the same may be obstructed, or in any manner injured or damaged, the person so offending may, upon conviction thereof before any city justice, be fined not exceeding one hundred dollars, or imprisoned in the city or county jail not exceeding ninety days (or by both such fine and imprisonment). (See 13 C. P. 971.) SEC. 7. Any failure on the part of said persons named in the first section of this ordinance, their heirs, executors, administrators and assigns, to comply with the provisions of section four of this ordinance, shall cause a forfeiture of all rights and privileges by this ordinance granted. SEC. 8. That, if at the expiration of fifty years, the said city shall desire to purchase said franchise and said gas works, they shall have the privilege of doing so, upon the following terms, namely: That said city may purchase the franchise pertaining to its territory and gas pipes, works, fixtures and other property pertaining to said business, at the actual value of the same, the value to be fixed by three arbitrators, who are to be chosen as follows: One by the said city, one by the owners of the franchise, and the third by the arbitrators thus chosen, and the arbitrament or award of value made by these three or a majority of them, shall be the price at which said city may purchase said franchise and property. SEC. 9. That should the city decline to purchase at the valuation. as aforesaid, then said rights, franchises and privileges are to be con- tinued twenty-five years longer, to the said persons, their heirs, ex- ecutors, administrators and assigns with the conditions hereinbefore in this ordinance stated. SEC. 10. This ordinance shall take effect and be in force from and after its publication. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 589 MINNESOTA ELECTRIC LIGHT AND POWER CO. MINNESOTA ELECTRIC LIGHT AND POWER CO. An Ordinance Granting the Minnesota Electric Light and Electric Motive Power Company Permission to Erect and Maintain Poles, Wires, Masts and Other Fixtures, in the Streets, Alleys, Avenues and Public Grounds of the City of Minneapolis, for the Purpose of Furnishing Heat, Light and Power, by Means of Electricity. (Passed May 10, 1882. Ordinance Records, 8 C. P. 57.) Approved May 15, 1882. P. 289 ordinances. The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Minnesota Elec- tric Light and Electric Motive Power Company of Minneapolis, to erect and maintain the necessary number of poles, masts, conducting wires, lamps, and such other fixtures as are essential to the business. of furnishing the City of Minneapolis and the general public with Purposes. light, heat and power by electric currents for such purposes, to be carried on conducting wires to be placed upon said poles, in the streets, avenues, alley and public grounds of said city. Provided, that Subject to this franchise shall be subject to the provisions of any and all ordi- nances now in force or which may hereafter be enacted by the City Council regulating and controlling the use of the streets and other public grounds of the city by telegraph, telephone or other companies or individuals using or operating lines of wire for correspondence or conversation; and, provided further, that the said City Council shall at all times have full and complete authority to order the use of said wires discontinued, and the same removed or located or placed in a Removal or different place or position, whenever in the judgment of said City change. Council, the safety of the public or of any person or property in said city may require the same, and nothing herein shall be taken or construed so as to prevent the City Council from passing any ordi- nance said Council may deem necessary for the full protection of life or property in said city. SEC. 2. In the use and enjoyment of the privileges hereby granted to said company, the poles required shall be erected at such place or places as the City Engineer may direct, and it shall be the duty of said company to use in the construction of its conducting wires, globes or other apparatus, such material and appliances, and erect, place and adjust the same so as fully to comply with the requirements of the standard adopted by the New York Board of Fire Under- with certain writers, January 12, 1882. Wires, etc., to comply rules. SEC. 3. This ordinance shall take effect and be in force from and To take after its publication. effect. *For then city limits see Special Laws 1881, p. 419. May main- wires, etc. poles, Protection of life and property. Poles, where to be erected. 590 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. May put in underground system of wires. Purpose. Restrictions. 16 Company to assume all liability. Indemnify city. And defend suits. No exclusive privilege. Grading or paving streets. Company to conform its system to streets. Not to delay city work. Council may compel extension of system. Power not to be exhausted. Extension of system, when. Petition to council, Contract with company. Council to fix terms. EDISON ELECTRIC LIGHT AND POWER CO. EDISON ELECTRIC LIGHT AND POWER CO. An Ordinance to Grant the Edison Electric Light and Power Com- pany, of Minneapolis, the Right to Use Certain Streets. (Passed January 7, 1887. Approved January 17, 1887. 12 C. P. 623.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The privilege is hereby granted to the Edison Elec- tric Light and Power Company of Minneapolis, to put in an under- ground system of wires for the purpose of carrying electric currents in the streets in the city of Minneapolis, under such restrictions as are named in this ordinance and other ordinances herein referred to. The said Edison Electric Light and Power Company of Minne- apolis, in accepting this ordinance assumes all liability for any and all accidents, injuries and damages that may be caused to any person or property by putting in such underground system, or by the use of the said electric light, and it shall at all times save the city of Minneapolis. harmless therefrom and from all damages growing out thereof, and appear and defend all suits against said city growing out of any such . accident, injury or damages. SEC. 2. Nothing herein contained shall give to said Edison Electric Light and Power Company the exclusive privilege of using electric lights in the streets of the City of Minneapolis. SEC. 3. Whenever any street on which any underground wires. shall have been set, shall be graded or paved, the said Edison Elec- tric Light and Power Company of Minneapolis shall, at its own cost, reset said underground system so as to conform to the street as re- constructed, and shall not hinder or delay said city, or any person, grading or paving said street, but shall so reset the same promptly on being notified to do the same. SEC. 4. The power to compel said Electric Light Company to extend its systems upon such streets as the said City Council may from time to time direct, subject to the following provisos, is hereby ex- pressly reserved: Provided-First: That said Electric Light Company shall not be compelled to extend its system upon any street or streets in said city to such an extent as to exhaust the power of its station, and Provided-Second: That said Electric Light Company shall not be compelled to extend its system after said first plant, and the wires. accommodated by it are constructed and located, until a sufficient number of the property holders in any proper territory of said city upon said street or streets shall petition said City Council to have said Electric Light system extended into such territory, and shall also en- ter into a contract with said Electric Light Company (the terms of which contract may be fixed by said City Council except as herein fixed) to use its lights, amounting in the aggregate by said prop- erty holders to twenty-four hundred (2,400) sixteen (16) candle. power lamps, or its equivalent, but when said petition and contract. shall have been presented to said City Council, said City Council may MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 591 EDISON ELECTRIC LIGHT AND POWER CO. order said system extended into said territory, all to be finished and ready to furnish said light within one year after the same shall be so ordered extended. Provided Third: Said company shall not be compelled in any said new circuit to put the same in for a distance of more than four blocks in any street which has not been graded and the grade es- tablished. SEC. 5. Said Electric Light Company shall at all times on rea- sonable demand therefor, and at reasonable prices, which shall not at any time exceed the prices and rates below named, sell and distribute to the City of Minneapolis and to any and all of the people of said city, at any and all points reached, or which may be reached by its system as herein provided, suitable electric lights for any of the prices be- low named, and said company shall not charge for furnishing lights through or by said system, to any person rates greater than the follow- ing rates, to-wit: Council to extensions. order Limit on streets not graded. Maximum schedule of rates for house lighting, per lamp per Schedule month: One 10-candle power lamp, $1.00; two 10-candle power lamps, House $1.60; three 10-candle power lamps, $2.30; four 10-candle power lamps, $2.90; five 10-candle power lamps, $3.40. For each additional 10-candle power lamp, 15 cents per month. lighting. SEC. 7. At any time when the City of Minneapolis, or any of its officers, agents, employes or contractors, shall need in any way to have changed the location of any of the wires, cables, machinery, appliances or plant of said Electric Light Company, in any part of any street or streets in said city by reason of putting in any sewer, water pipe or other machinery, fixtures or portion of any plant be- Reasonable prices. rates to Maximum schedule of commercial rates, burn to 9:30 o'clock, Commercial per lamp per month: 10-candle power lamp, $1.00; 13-candle power 9:30 p. m. lamp, $1.15; 16-candle power lamp, $1.25; 20-candle power lamp, $1.50; 24-candle power lamp, $1.80; 32-candle power lamp, $2.30; burn to 12 o'clock, per lamp per month: IO-candle power lamp, Same. to $1.50; 13-candle power lamp, $1.70; 16-candle power lamp, $1.85; 12 p. m. 20-candle power lamp, $2.15; 24-candle power lamp, $2.30; 32-candle power lamp, $3.25; burn all night, per lamp per month: 10-candle Same-all power lamp, $2.00; 13-candle power lamp, $2.50; 16-candle power night. lamp, $3.00; 20-candle power lamp, $3.50; 24-candle power lamp, $4.00; 32-candle power lamp, $5.00. Subject to SEC. 6. This ordinance is expressly made subject to all the con- underground ditions and terms of that certain ordinance of the City of Minneapolis, ordinance. entitled: "An ordinance regulating the placing of underground elec- tric wires, cables and conduits," which was passed on the third day of December, 1886, and approved on the tenth day of December, 1886, and all amendments which may hereafter be made to the same, and Amendments every provision of said last named ordinance or any amendment thereof shall be considered as a part of the terms of the permission herein granted and said Edison Electric Light and Power Company, Ordinance in accepting this permission, either by motion, resolution, or by acting terms hereunder in the setting of its underground system, thereby accepts hereof. and agrees to carry out all the terms of both this ordinance and said other ordinance last herein named. to same. part of How accepted. location of Change of wires, etc. 592 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Company to make change at own cost. Supervision of city engineer. Grant shall terminate, when. Repeal by council, when. To take effect. May occupy streets. Conduits, etc Term of years. Purposes. System used by others. Terms. Arbitration. Arbitrators, how chosen. Consideration ELECTRIC SUBWAYS-NATIONAL SUBWAY CO. longing to said city, said Electric Light Company shall, when prac- ticable, change and move at its own cost said wires, machinery, plant. cable or other appliances which it may have in any such street or streets by permission hereby granted, but the same shall only be done. on the written demand of and under the supervision of the City En- gineer of said city, and when the same can be done without causing said Electric Light Company serious damage and loss. SEC. 8. And it is further provided that unless a plant of suffi- cient size to furnish twelve hundred (1,200) horse power and suffi- cient wires to use all of the power thus furnished are put in, ready to go into full operation within twelve (12) months from the publication of this ordinance, and unless said Electric Light Company shall break ground and commence said plant by May 1, 1887, then all the powers and privileges granted hereby, shall cease and terminate; and if said Electric Light Company shall ever fail to carry out and perform any material requirement of this ordinance, this ordinance may be repealed by the City Council of said city. Karja SEC. 9. This ordinance shall take effect and be in force from and after its publication. ELECTRICAL SUBWAYS-NATIONAL SUBWAY CO. An Ordinance Granting Permission to Lay Electrical Subways in the Streets and Alleys of the City of Minneapolis. (Passed Oct. 7, 1887. Approved Oct. 10, 1887. Published Oct 12, 1887, 13 C. P. 739.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That consent, permission and authority are hereby given to the National Subway Company, its successors and assigns, to construct, maintain, repair and operate conduits or subways, pipes, mains, conductors, man-holes, and service pipes in the streets, ave- nues and alleys throughout said city, for and during the term of thirty consecutive years from the date of the passage of this ordinance, for the purpose of distributing and maintaining a line or lines of elec- trical and other wires, together with all necessary feeders and service wires cr other electrical conductors to be used for the transmission of electricity for any and all purposes. SEC. 2. Said company mentioned in Section 1, or its successors or assigns, shall permit any other company or companies, person or persons, to use said system of underground conduits or subways upon such terms as may be agreed upon by the respective parties; and, in case they cannot agree, such terms shall be fixed by arbitration of three persons, one chosen by said company mentioned in Section 1, one chosen by the party or parties, company or companies, desir- ing to use said system of conduits or subways, and the third by the two thus chosen. SEC. 3. Said company mentioned in Section 1, its successors and assigns, for and in consideration of the granting of the rights and MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 593 ELETRICAL SUBWAYS—NATIONAL SUBWAY CO. privileges asked for in this ordinance, agree to furnish to said city, free of charge, so long as said company, its successors or assigns, shall use the streets of said city, or the City Council shall desire to use the same, sufficient space to provide for carrying the fire and police alarm Space for and telephone wires belonging to said city, and all other wires used for automatically or telegraphically receiving or transmitting fire, burglar, or police alarms. And the said National Subway Company, its successors or assigns, shall have completed and ready for use at least two continuous miles of conduit on or before Dec. 1, 1888, and Two miles shall thereafter extend its system for underground wiring at least one mile each year thereafter, until such time as all the territory within the fire limits of said city, as the same now are cr shall from time to time be extended, is fully provided with its conduits or other conveniences for underground wiring. to be ready, when. privilege. Space to be neer. SEC. 4. Nothing herein contained shall be construed as giving No exclusive said company any exclusive privileges in the streets, alleys or public places of said city, and it shall not be allowed to use for the purposes herein contemplated to exceed one-fourth of the space now set apart by ordinance for underground wiring, and the space to be used shall occupied. be selected under the direction and with the approval of the City En- Approval of gineer; and said company, its successors and assigns shall at all times be subject to all the ordinances of the City of Minneapolis, now in Subject to existence, or which may hereafter be passed relative to the use of the ordinances. streets, alleys or other public places of the city for underground wir- ing or other purposes. It is further expressly provided that if the subway laid in the streets of this city by said company, its successors or assigns, shall at any time prové unsatisfactory and an incum- brance or a nuisance in the streets, said company, its successors or as- signs, shall remove the same upon order of the City Council and place the streets in the same condition as before removal, and if said com- pany shall neglect to remove the same after being so ordered, the City Council may remove the same and the expense of such removal may be collected from said company, its successors or assigns, and said company, for itself, its successors or assigns, does by accepting this ordinance agree to pay the cost of said removal. 1 Extension of system. Removal of system by Syder of council, when. Council to remove, when Expense. Company to pay same. Acceptance or ordi- SEC. 5. The said Subway Company shall within 30 days from the passage of this ordinance, file with the City Clerk of this city, a written acceptance of the conditions hereof, and upon the filing of nance. said acceptance, this ordinance shall operate as a contract between the said Subway Company, its successors and assigns, and the City of Minneapolis, and upon the failure of said company to so file its written acceptance hereof, then the said company shall not be entitled to any of the privileges herein granted. Filing same. To operate as contract. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication. effect. Forfeiture. 594 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Underground system of wires. Terms and restrictions. gross re- ceipts, etc. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. The privilege is hereby granted to the Edison Light and Power Company of Minneapolis to put in an underground system of wires for the purpose of carrying electric currents in the streets of the City of Minneapolis, under and pursuant to all the terms and restrictions now or hereafter provided in the ordinances of the City of Minneapolis. SEC. 2. Company to 'pay city a In consideration of the privileges herein granted the said percentage of Edison Light and Power Company agrees and promises to pay into the city treasury of the City of Minneapolis, on the first (1st) day of February of each year, three (3) per cent of the gross receipts from all business done by it within said city for the year or part of a year ending on the first (1st) day of January next preceding such payment, for two (2) years next following the passage of this ordinance, and for each year thereafter while it does business in the said city such annual percentage of its gross receipts as may be fixed and determined by the City Council. For the purpose of determining the amount so to be annually paid as such percentage, the said company shall at the time of making such payment on the first (1st) day of February furnish to the City Treasurer of the said city a sworn statement show- ing such gross earnings for the year or part of a year for which they have done business ending on the first (1st) day of January next pre- ceding such payment. 3 per cent for 2 years. Thereafter to be fixed by council. Statement of gross earnings. Privileges granted to terminate, when. Repeal by council. Take effect. EDISON LIGHT AND POWER CO. EDISON LIGHT AND POWER CO. An Ordinance to Grant the Edison Light and Power Company of Minneapolis the Right to Use Certain Streets. (Passed May 4, 1889. Approved May 9, 1889. Published May 10, 1889, 15 C. P. 215.) SEC. 3. And it is further provided that unless a plant of suffi- cient size to furnish ten hundred (1000) horse power is put in, ready to go into full operation within twelve (12) months from the publica- tion of this ordinance, then all the powers and privileges granted hereby shall cease and terminate, and if said Edison Light and Power Company shall ever fail to carry out and perform any material re- quirement of this ordinance, this ordinance may be repealed by the City Council of said city. SEC. 4. This ordinance shall take effect and be in force from and after its publication. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES, 595 THOMSON-HOUSTON ELECTRIC CO. THOMSON-HOUSTON ELECTRIC COMPANY. An Ordinance Granting the Thomson-Houston Electric Company the Right to Use Streets, Alleys and Public Grounds in the City of Minneapolis. (Passed May 4, 1889. Approved May 9, 1889. Published May 10, 1889; 15 C. P. 216.) wires. The City Council of the City of Minneapolis do ordain as follows: SECTION I. The privilege is hereby granted to the Thomson- Underground Houston Electric Company to put in an underground system of wires system of for the purpose of carrying electric currents in the streets of the City of Minneapolis, under and pursuant to all the terms and restrictions Purpose, now or hereafter provided in the ordinances of the City of Minne- apolis. terms and restrictions. ings tax. Gross earn- Company to pay. 3 per cent SEC. 2. In consideration of the privileges herein granted, the said Thompson-Houston Electric Company agrees and promises to pay into the City Treasury of the City of Minneapolis on the 1st day of February of each year three (3) per cent of the gross receipts from all business done by it within said city for the year or part of a year ending on the first (1st) day of January next preceding such payment, for two (2) years next following the passage of this ordinance, and for each year thereafter while it does business in the said city such annual percentage of its gross receipts as may be fixed and determined by the City Council. For the purpose of determining the amount so to be annually paid as such percentage, the said company shall at the time of making such payment on the first (1st) day of February furnish to the City Treasurer of the said city a sworn statement show- Statement of ing such gross earnings for the year or part of a year for which they earnings. have done business ending on the first (1st) day of January next pre- ceding such payment. for first 2 years. Thereafter fix rate. council to granted to cease, when. SEC. 3. And, it is further provided that if the said Thomson- Privileges Houston Electric Company, its successors or assigns, neglects to com- mence the work of putting in its necessary machinery and erecting its poles, stringing its wires and constructing other apparatus for a period of three months and unless a plant of sufficient size to furnish 1,000 horse power and sufficient wires to use all of the power thus furnished, provided there is a demand for such power, are put in and the same put into full operation within twelve months, then all the powers and privileges granted hereby shall thereupon cease and de- termine. SEC. 4. And the said company, its successors or assigns, is further granted permission to erect such poles and construct and main tain such mains, and to string, erect and maintain thereon and therein such wires and other apparatus as may be necessary or convenient for the purpose of supplying electricity for light, heat and power Purpose. for rent or hire in the said City of Minneapolis at such place or places and upon any or all streets, alleys and public grounds in said city Where as may be approved by the City Council, under the supervision of the City Engineer or other person or persons authorized thereto, such erected. Poles, wires, etc. Company may erect, etc. 596 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Removal at cost of company. poles and mains, together with the wires or other apparatus thereon and therein to be subject to removal to such place or places as the City Council may at any time direct, at the cost and expense of said company; it being hereby understood that such privilege shall apply Restrictions. only to such districts and streets as are not restricted by the ordinance regulating the placing of underground electrical wires, cables and conduits, approved December 10, 1886, and as amended November 5, 1888, or as are not restricted by ordinances hereafter passed. Such poles shall not be less than forty feet in height above the curb grade, and shall be shaved, and also painted of such color and in such manner, and set at such a distance apart as may be approved by the City Engi- neer or other authorized person. Poles, height, painting, etc. To take effect. Purposes. Furnishing electricity for light, heat, etc. Subject to ordinances. Relative to use of streets, etc. Reasonable compensa- tion. ST. ANTHONY FALLS ELECTRIC CO. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. The privilege is hereby granted to the St. Anthony streets poles Falls Water Power Company, of Minneapolis, its successors and as- I. May main- tain in wires, etc. signs, to place erect and maintain in the streets, avenues, alleys and public grounds in said city, poles, masts, conducting wires and such Underground other fixtures, including underground conduits and wires, as are es- conduits. sential to transmitting electricity for the purposes of power, light, heat and other manufacturing and mechanical purposes, and furnishing the public and individuals with power, light and heat, and electricity for other manufacturing and mechanical purposes by electric currents for such purposes, to be carried on conducting wires to be placed. as is or shall be required by the general ordinances of said city. Reasonable prices. SEC. 5. This ordinance shall take effect and be in force from and after its publication. ST. ANTHONY FALLS WATER POWER CO. An Ordinance Granting to the St. Anthony Falls Water Power Company Permission to Place, Erect and Maintain Poles, Wires, Masts and Other Fixtures in the Streets, Alleys, Ave- nues and Public Grounds of the City of Minneapolis, for the Purpose of Transmitting Electricity for Power, Light, Heat and Other Purposes. (Passed Aug. 18, 1896. Approved Aug. 22, 1896. Published Aug. 25th, 1896, in The Penny Press, 22 C. P. 417.) SEC. 2. This privilege is made subject to the provisions of all ordinances now in force, or which may hereafter be enacted by said City Council, regulating and controlling the use of the streets and other public grounds of the city by companies or individuals using or operating lines of wires for electric currents and furnishing power, heat or light by electricity, and is subject to all general ordinances of said council providing for a reasonable compensation to said city for such use of its streets by such companies furnishing the city or individuals with power, heat or light by electricity and is also subject to all general ordinances of said council providing for a reasonable price to be charged to said city by such companies for power, heat or MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 597 AMERICAN UNION TELEGRAPH CO. on all Binding companies. wire light, provided, however, that this privilege shall not be subject to any such provision as to compensation or as to price which shall not be operative and binding upon all such companies so using said streets for the furnishing of power, heat or light, by electricity. And this privilege is particularly subject to all the conditions and terms of the subject to following named ordinances of the City of Minneapolis, and to all undergrounā amendments thereto which have been or which shall hereafter be ordinance. made, including all amendments enlarging or changing underground or other districts: (1) "An Ordinance regulating the placing of underground electric wires, cables and conduits," passed December 3, 1886, and approved December 10, 1886, and (2) "An Ordinance regulating the installing, running and maintaining of electric wires. and plants within the City of Minneapolis," passed April 12, 1895, and approved April 16, 1895; and every provision of said ordinances, or any amendments thereof, shall be considered as part of the terms of the privilege herein granted, provided, that all such improvements shall be made under the direction of the City Engineer. SEC. 3. The said City Council shall at all times have full and complete authority to order the use of said wires discontinued, and the same removed or placed in a different place or position, whenever, in the judgment of said City Council, the safety of the public or of any person or property in said city may require the same; and nothing herein shall be taken or construed so as to prevent the City Council from passing any ordinance said council may deem necessary for the full protection of said city. AMERICAN UNION TELEGRAPH CO. An Ordinance Granting to the American Union Telegraph Com- pany the Right to Extend Its Lines Into the City of Minne- apolis. (Passed January 19, 1881. Approved January 20, 1881. P. 208 Ordinance Records, 6 C. P. 196.) And amend- ments Direction of thereto. City SEC. 4. The privilege herein granted shall not become operative until the said St. Anthony Falls Water Power Company shall have filed with the City Clerk of the City of Minneapolis a written ac- ceptance of this ordinance and of all its terms and conditions, and shall be void unless such acceptance be so filed within six months void, when. after this ordinance takes effect. Ordinance, The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the American Union Telegraph Company the right to extend its lines into the City of Minneapolis, and for that purpose it may erect poles within the streets of said city in the usual manner, and maintain upon such poles such. * *See Special Laws 1872, Chapter 10, p. 57, for city limits. Engineer. Council may discontinued, order wires changed, etc. effect. SEC. 5: This ordinance shall take effect and be in force from To take and after its publication. Council may protect city. Acceptance Filing same. of ordinance. May main- of poles and system wires. 598 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Designation of streets, etc. Poles. Wires, height of above streets Vacation of grant. Change of location of lines, etc. Conditions. Take effect. May erect and maintain poles, wires, etc., in streets, etc. AMERICAN DISTRICT TELEGRAPH CO. number of wires as may be necessary or convenient for the business of said company. SEC. 2. The streets in which such telegraph poles shall be erected, and over which such wires shall be extended, the location of such poles and the manner of erecting the same shall be designated by the Committee on Roads and Bridges of the City Council and the City Engineer of said city, and said Committee on Roads and Bridges and the City Engineer shall also have the right to direct the manner of shaving, trimming and painting such poles. SEC. 3. From and after the first day of March, A. D. 1881, none of the wires of said company shall be permitted to extend over any street of said city, so that its lowest point shall be less than thirty-five feet above the roadway of such street, but until that time said company may use such poles for its wires as it may obtain, but not to interfere with the travel or use of said streets or the workings of any telephone or telegraph wires now in use and approved under the direction of said Committee on Roads and Bridges and City Engineer. SEC. 4. The right is hereby reserved to vacate and annul this grant in case said company shall for the term of thirty days after notice from the City Engineer or other proper city officers, refuse or neglect to comply with any of the conditions of this grant. SEC. 5. The City Council also reserve the right to change the location of such telegraph lines and make such other directions re- specting their construction and maintenance as the public good may require, but it is agreed that so long as said company shall comply with the conditions of this ordinance, and such other reasonable di- rections as may be made, it shall not be required to take down or re- move any of its lines without having permission to extend them in some other place or carry its telegraph wires into said city in some other manner so as to give reasonable facilities for transaction of its business. SEC. 6. This ordinance shall take effect and be in force from and after its publication. AMERICAN DISTRICT TELEGRAPH CO. An Ordinance Granting Permission to the American District Tele- graph Company to Use the Streets and Alleys of the City of Minneapolis. (Passed March 28, 1883. Approved April 7, 1883. P. 317 Ordinance Records, 8 C. P. 346. As amended Oct. 7, 1884, 10 C. P. 419.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the American District Telegraph Company of the city is hereby authorized to erect and maintain within the *limits of said city, and upon the various streets and alleys thereof, telegraph poles, and to stretch and maintain upon said poles, and with the con- *See Special Laws 1883, p 70, for city limits. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 599 AMERICAN DISTRICT TELEGRAPH CO. sent of all interested parties, also upon the poles of other companies Purposes. and the buildings in said city, the wires necessary for an American District telegraph, burglar, police and fire alarm system, subject to the provisions hereinafter stated. subject to SEC. 2. That the franchise shall be subject to the provisions of Franchise any and all ordinances now in force or which may hereafter be enacted ordinances. by the City Council, regulating and controlling the use of the streets and other public grounds of the city, by telegraph, telephone or other companies using or operating lines of wire for correspondence or con- versation, provided that all poles erected by said company shall be at least thirty (30) feet high, straight, smooth shaved, and well painted, and provided further, that said poles and wires shall be re- moved whenever in the opinion of the City Council the public interest shall so require. SEC. 3. That in the use and enjoyment of the privileges hereby granted, said poles shall be erected at such place or places as the City Engineer may direct, and the necessary wires strung at such height as he may prescribe, and that whenever said company shall desire to occupy any such streets and alleys for the purposes aforesaid it shall file with the City Engineer written application therefor and said ap- Application plication, if duly approved by said Engineer and the Chief Engineer of the Fire Department, shall be deemed permission by said city to occupy said streets and alleys. to Engineer. Approval. SEC. 4. That said company shall at once establish a complete City circuit. circuit to include its own central office, headquarters of fire depart- ment, police headquarters, and chemical engine house and shall, sub- ject to the approval of the respective chiefs of the fire and police department, put in all apparatus and perfect all connections required in order to enable those having the call boxes of said company to in- stantly summon either of said departments whenever necessary, pro- vided that all apparatus put in, and all connections with the fire de- partment, police headquarters and engine house, shall be done without No expense expense to the city. to Height of poles, etc. Removal of poles and wires. Poles, where located. City Engineer to direct. of grant. Said The American District Telegraph Company is hereby Transfer granted permission to sell, assign and transfer to the Minneapolis District Telegraph Company all the rights and franchises in this ordi- nance granted. (As amended Oct. 7, 1884, 10 C. P. 419.) SEC. 5. That this ordinance shall take effect and be in force Take effect. from and after its publication. 600 MISCELLANEOUS GRANTS AND FRANCHISES—ORDINANCES. May main- tain tele- graph poles and wires in city. Statement to be filed. Streets already occupied. Applications. Approval of same. Deemed permission, etc. Engineer to direct. Height of poles, etc. Change of street grade, etc. Poles to conform to same. Removal. To take effect. WESTERN UNION TELEGRAPH CO. WESTERN UNION TELEGRAPH CO. An Ordinance Granting Permission to the Western Union Tele- graph Company to Use Streets and Alleys of the City. (Passed March 28, 1883. Approved April 7, 1883. P. 315 Ordinance Records; 8 C. P. 346.) The City Council of the City of Minneapolis do ordain as follows' SECTION I. That the Western Union Telegraph Company is hereby authorized to erect, establish and maintain within the limits of the City of Minneapolis, telegraph poles, and to stretch and main- tain thereon the necessary wires for its telegraph business, according to the conditions hereinafter stated. SEC. 2. That the said company shall file in the office of the City Engineer a statement of the streets and alleys of the said city which it has already occupied under permission of the Committee on Streets, Grades and Additions, and the City Engineer, in pursuance of author- ity of the City Council, given Dec. 18, 1878. SEC. 3. The said company shall file with the City Engineer writ- ten application for all streets or alleys it may hereafter wish to occupy with its poles and wires, as and when it may desire to occupy the same, and if such application shall be approved by the City Engineer and the Chief Engineer of the Fire Department, such approval shall be deemed a permission of the city to so occupy said streets and alleys for the purpose above stated. - SEC. 4. All poles now set, or hereafter to be set, shall be in such position and of such character as the City Engineer may approve and determine, provided that all poles hereafter set or reset by said com- pany shall be not less than forty (40) feet in height, and shall be straight, smooth-shaved and well painted. SEC. 5. In case of a change of grade of any street or pavement or width of any sidewalk so occupied by said company, it shall reset its poles so as to conform to the grade of such street or pavement so changed, and in such manner as the City Engineer shall direct, and said poles and wires shall be removed whenever in the opinion of the City Council the public interest shall so require. SEC. 6. This ordinance shall take effect and be in force from and after its publication. *See Special Laws 1883, p 70, for city limits. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 601 • RAPID TRANSIT TELEGRAPH CO. RAPID TRANSIT TELEGRAPH CO. An Ordinance Authorizing the Rapid Transit Telegraph Company to Erect and Maintain Telegraph Poles and Wires Within the City of Minneapolis. (Passed March 21, 1884. Approved March 26, 1884. Published March 28, 1884; 9 C. P. 482.) The City Council of the City of Minneapolis do ordain as follows: I. SECTION 1. That authority is hereby granted to the Rapid Transit Telegraph Company to erect and maintain telegraph poles, and to string telegraph wires thereon, through the City of Minneapolis upon such streets and alleys as shall be designated for that purpose by the City Engineer of said city. SEC. 2. All poles erected under this ordinance shall be planed Poles, how and painted, and shall be of such size and height, and shall be placed Size and on such streets and at such points on the margin of the sidewalks height. thereof as shall be designated by the City Engineer; and shall be placed. erected, and said wires strung thereon under the supervision, and wires, how subject to the inspection and control of said Engineer. strung. SEC. 3. Whenever any street on which any telegraph poles shall have been set under this ordinance shall be graded or paved, the said company shall, whenever required by the City Engineer, at its own cost, reset said poles so as to conform to the street as reconstructed. SEC. 4. All the proceedings of said Rapid Transit Telegraph Company under this ordinance shall be subject to any ordinance regu- lating the laying of telegraph wires in the streets of the City of Min- neapolis, which now exist or may hereafter be passed by the City Council of said city. May main- graph poles on streets, Engineer to tele- wires designate. Change of etc. street Poles to conform to same. Subject to ordinances. SEC. 5. The City Council of said city may at any time revoke Removals. all license granted hereby, and compel the removal of any and all poles and wires so permitted to be set or strung, from any or all streets and alleys where the same may be set or strung, or may cause any pole or poles, or wires to be changed from one place to another. All authority and license given by this ordinance shall cease on the first day of October, 1884, unless said company shall have its lines com- pleted and in operation between the city of Chicago and the City of Minneapolis prior to such time. transferred. It is also further provided that whenever any other telegraph Not to be company doing business in the City of Minneapolis shall obtain the control or management of the company herein named, or of its suc- cessors or assigns, that then and in such case all right, license and privileges hereby granted shall cease and become forfeited without Forfeiture. any further action by the City Council of the City of Minneapolis. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication. effect. *See Special Laws 1883, p 70, for city limits. Change of location. Lines to be in operation, when. 602 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. May erect and maintain telegraph poles and wires in city. Engineer to designate streets, etc. Poles, how prepared. Size and height. Where placed. Supervision of Engineer. Change of street grade, etc. Poles to conform to same. Subject to ordinances. Removal of poles. Change of location, etc. Lines to be in operation, when. Not to be transferred. Forfeiture. To take effect. CHICAGO AND NORTHWESTERN TELEGRAPH CO. CHICAGO AND NORTHWESTERN TELEGRAPH CO. An Ordinance Authorizing the Chicago and Northwestern Tele- graph Company to Erect and Maintain Telegraph Poles and Wires Within the City of Minneapolis. (Passed March 21, 1884. Approved March 26, 1884. Published March 28, 1884; 9 C. P. 483.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That authority is hereby granted to the Chicago and Northwestern Telegraph Company to erect and maintain telegraph poles, and to string telegraph wires thereon, through the *City of Minneapolis, upon such streets and alleys as shall be designated for that purpose by the City Engineer of said city. SEC. 2. All poles erected under this ordinance shall be planed and painted, and shall be of such size and height and shall be placed on such streets and at such points on the margin of the sidewalks thereof as shall be designated by the City Engineer and shall be erected, and said wires strung thereon, under the supervision and subject to the inspection and control of said engineer. SEC. 3. Whenever any street on which any telegraph pole shall have been set under this ordinance shall be graded or paved, the said company shall, whenever required by the City Engineer, at its own. cost, reset said poles so as to conform to the street as reconstructed. SEC. 4. All the proceedings of said Telegraph Company under this ordinance shall be subject to any ordinance regulating the setting or laying of telegraph poles and wires in the City of Minneapolis, which now exist or may hereafter be passed by the City Council of said city. SEC. 5. The City Council of said city may at any time revoke all license granted hereby, and compel the removal of any and all poles and wires so permitted to be set or strung from any or all streets and alleys where the same may be set or strung, or may cause any pole or poles or wires to be changed from one place to another. All authority and license given by this ordinance shall cease on the first day of October, 1884, unless said company shall have its lines completed and in operation between the City of Chicago and the City of Minneapolis, prior to such time. It is also further provided that whenever any other telegraph com- pany doing business in the City of Minneapolis shall obtain the con- trol or management of the company herein or of its successors or as- signs, that then and in the such case all rights, license and privileges. hereby granted shall cease and become forfeited without any further action by the City Council of the City of Minneapolis. SEC. 6. This ordinance shall take effect and be in force from and after its publication. *See Special Laws 1883, p 70, for city limits. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 603 AMERICAN TELEPHONE AND TELEGRAPH CO. AMERICAN TELEPHONE AND TELEGRAPH CO. An Ordinance Granting Permission to the American Telephone and Telegraph Company of Minnesota, Its Successors and Assigns, to Use Streets, Alleys and Public Grounds in the City of Min- neapolis. (Passed Oct. 8, 1896. Approved Oct. 12, 1896. Published Oct. 14, 1896, in The Penny Press, 22 C. P. 542.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That permission be and the same is hereby granted to the American Telephone and Telegraph Company of Minnesota, its successors and assigns, to erect, operate and maintain lines of telephone and telegraph, including the necessary poles, wires, fixtures and electrical conductors upon, along and over, and subways for electrical conductors under the streets, alleys and public grounds of the City of Minneapolis as its business may require. ordinances. SEC. 2. This privilege is made subject to the provisions of all Subject to ordinances now in force or which may hereafter be enacted by said City Council, regulating and controlling the use of the streets and other public grounds of the city by telegraph and telephone com- panies, and is subject to all general ordinances of said Council. pro- viding for a reasonable compensation to said city for such use of its streets by such companies, and is also subject to all general ordinances of said Council providing for a reasonable price to be charged to said City of Minneapolis by such companies for its corporate business, Provided, however, that this privilege shall not be subject to any such provision as to compensation or as to price which shall not be. opera- tive and binding upon all such companies so using said streets for telegraph and telephone lines. And this privilege is particularly sub- ject to all the conditions and terms of the following named ordinance of the City of Minneapolis, and to all amendments thereto which have been or which shall hereafter be made, including all amendments en- larging or changing underground or other districts: "An ordinance regulating the placing of underground electric wires, cables and con- duits," passed December 3rd, 1886, and approved December 10th, 1886, and every provision of said ordinance, or any amendments thereof, shall be considered as part of the terms of the privilege herein grant- ed. Provided, that all such improvements shall be made under the direction of the City Engineer. SEC. 3. Said company shall file with the City Clerk of said city its acceptance of this ordinance within thirty days from the date when it shall take effect. tele- May main- phone and telegraph etc., in city. Subways, etc. poles, wires, Relating to use of streets etc. Reasonable tion, etc. compensa- to be binding Ordinances upon all companies. Subject to underground wire ordinance. amendments Same and part hereof. Direction of Engineer. Acceptance of ordinance. Filing same. when. SEC. 4. Said company agrees to construct its lines between the Line to be City of Minneapolis in the State of Minnesota, and the City of Chi- in operation, cago, in the State of Illinois, so that telephonic communication may be had thereby within one year from the passage of this ordinance, delays occasioned by the act of God, the public enemies or litigation. excepted. SEC. 5. This ordinance shall take effect and be in force from To take and after its publication. effect. 604 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. ¡ May main- tain tele- phone poles and fixtures. Long dis- tance tele- phone system. Wires and cables, etc. Conduits, etc. Territory. - On streets, avenues and alleys. No other purpose. Grant sub- ject to ordinances, Underground wire ordi- nances. Company to comply with ordinances relating to use of streets, etc. Plans and specifications Approval of same. Metallic circuits only to be used. MINNESOTA CENTRAL TELEPHONE COMPANY. MINNESOTA CENTRAL TELEPHONE COMPANY. An Ordinance Granting Permission to the Minnesota Central Tele- phone Company to Use Streets, Avenues and Alleys in the City of Minneapolis. (Passed Jan. 28, 1898. Approved Feb. 2, 1898. Published Feb. 15, 1898, in the Minneapolis Tribune, 24 C. P. 33.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. Permission is hereby granted to the Minnesota Cen- tral Telephone Company for the purpose, and the purpose only of es- tablishing and maintaining within said city public pay stations, and in- struments for private use, for connection with long distance telephone systems at such points within said city as may be approved by the City Council from time to time, and subject to the reservations and provisions hereinafter stated, to erect, construct, maintain and repair telephone poles with the necessary cross-arms and fixtures, and to stretch and maintain thereon wires and cables for the operation of such a system, and to construct, maintain and repair conduits with the necessary manholes and service pipes for the purpose of con- ducting and distributing the necessary wires and cables within such territory within said city as is or may be designated as the territory in which said wires are or shall be required to run underground; through, over and along the streets, avenues and alleys in said city. Provided, that nothing contained in this ordinance shall authorize the construction, maintenance or operation of a conduit system for any purpose other than to maintain therein the telephone wires and cables necessary for the purposes herein stated. SEC. 2. This privilege is granted expressly subject to the pro- visions of all ordinances now in force or which may hereafter be en- acted by the City Council of the City of Minneapolis, and particularly subject to all the conditions and terms of the following named ordi- nance and amendments thereto, including all amendments enlarging or changing underground or other districts, towit, "An ordinance regulating the placing of underground electrical wires, cables and con- duits," passed December 3rd, 1886, and approved December 10th, 1886, and every provision of said ordinance or any amendments thereof now, or hereafter in force. SEC. 3. In the construction, maintenance, repair and operation. of its said telephone lines, and in the use of the streets, avenues, al- leys and public grounds of said city therefor, the said company shall at all times be subject to, and comply with all ordinances, rules and regulations of said city, now or hereafter in force covering the use of streets, avenues, alleys and public grounds, and all plans, specifications, materials and apparatus to be used in the construction and operation of said system within said city shall be subject to the approval of the City Engineer and Inspector of Buildings. All telephones connected. with said system within the City of Minneapolis shall be connected. only by metallic circuits, so-called, and no grounded wire or common return circuits, so-called, shall be used or employed by said company in maintaining or operating said telephone stations. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 605 MINNESOTA CENTRAL TELEPHONE COMPANY. cil to have of plans, etc. SEC. 4. All plans, specifications and materials used in the con- City Coun- struction of said underground conduits, together with the location supervision thereof, within the streets, avenues, alley's and public grounds of said city shall be further subject to the supervision of the City Council. SEC. 5. The said Minnesota Central Telephone Company shall not at any time transfer its stock or any thereof, or its rights or any thereof, or any of its property or effects to any other telephone com- pany now or hereafter operating within the City of Minneapolis, or make any consolidation with any such company, without the con- sent of the City Council of the City of Minneapolis, to be expressed by resolution passed by two-thirds vote of all the members of said Council, authorizing such transfer, sale or consolidation, and the tele- phone system to be constructed under this ordinance shall at no time be operated under any other telephone ordinance heretofore granted by the City of Minneapolis. SEC. 6. The City of Minneapolis hereby reserves the right, at its election, to purchase all of said system constructed within the limits of said city, including poles, wires, stations, conduits, and ap- pliances, and all other property which shall have been constructed and installed under this ordinance, at any time after the expiration of When. five years from the date of the acceptance of this ordinance by said Minnesota Central Telephone Company, at an amount not to exceed At what its actual and necessary cost of construction, less any depreciation in price. the value thereof, by reason of wear and tear, or from any other cause whatsoever, and in case of such purchase, no value whatever shall be placed upon the franchise or privileges granted under this ordi- nance. The city and the owner or owners of said system failing to Failure agree as to the amount of said purchase price, the value of said tele- phone system and conduit system shall be ascertained by arbitrators, Arbitrators. the City of Minneapolis through its Council to select two arbitrators, How to be and the said Minnesota Central Telephone Company, its successors and assigns, to select two, and these failing to agree, shall select a fifth disinterested arbitrator, and the decision of a majority of said Board of Arbitration shall be final and conclusive. to agree. selected. In case the four arbitrators shall fail to agree on a price within thirty days or neglect within thirty days after being chosen, to agree on the fifth arbitrator, then the full bench of the Fourth Judicial Dis- trict of the State of Minnesota shall, upon the application of either party, select the fifth arbitrator. Nothing herein, however, nor in submitting the question of price to arbitration, shall bind the City of Minneapolis to purchase the said telephone and conduit system at the price fixed by said Board of Arbitration, unless said city shall so elect, and if said city shall elect to purchase at the price named by said Board of Arbitration, it shall have one year in which to pay the price named, the said Minnesota Central Telephone Company, its successors, and assigns, to retain possession until such payment is made. not to Company transfer its stock, etc. Nor con- solidate. Consent of council. How expressed. How not to be operated. City may purchase. District select fifth court to arbitrator, when. City not bound to purchase. Time for payment. Possession until pay- ment. System not SEC. 7. Said Minnesota Central Telephone Company, its suc- cessors and assigns shall not bond, mortgage, or in any manner en- cumber said systems located within said city, beyond or for more than seventy-five per cent of the amount actually and necessarily of cost. to be bonded or encum- bered over 75 per cent 606 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Purchase subject to encumbrance Company to file sworn statements of actual cost, etc. Conditions of grant. Company to pay, city 5 per cent of gross earn- ings, etc. Said Minnesota Central Telephone Company shall from time to time, during the construction of said systems within the City of Minne- apolis, and whenever requested by the City Council so to do, furnish to the City of Minneapolis a true and correct itemized statement, sworn to by its president and treasurer, showing the actual and neces- sary cost of construction of said systems, and for the purpose of veri- fying such statements, its books, bills and vouchers shall at all times of company's be open to the inspection of such officer, person or persons as the City Inspection books, etc., by city. Council may direct to make inspection thereof. SEC. 8. The rights and privileges granted by this ordinance are upon the express condition that said Minnesota Central Telephone Company, its successors and assigns, shall pay as compensation, and as a consideration for the use of the streets, avenues, alleys and pub- lic grounds of said city, for the purposes herein designated, the whole sum and amount of five per cent of its gross earnings, from any and all tolls or earnings received or collected by it at any and all stations within the City of Minneapolis, and also any and all tolls or earn- ings received or collected by it at any station or stations outside of the city for or on account of messages originating within said City of Minneapolis, or sent from any point therein, annually into the City Treasury of said city, for the use and benefit of said city, said pay- ments to be made on or before the 1st day of January in each and every year from and after the granting of this ordinance; and for the purpose of ascertaining the gross earnings upon which such statement shall be made as aforesaid, an accurate account of such earnings shall be kept by said company, and an abstract and account thereof furnished by it to the City Treasurer of said City of Minne- apolis, on or before the 15th day of December, in each year, the truth of which abstract shall be verified by the affidavits of the Treasurer and Secretary of said company, and for the purpose of verifying such statement the books of said company shall at all times be opened for the inspection of such officer, person or persons as may be appointed for that purpose by the City Council of said city. And for the pur- pose of securing to the City of Minneapolis the payment of the aforesaid per centum, the said city shall have a lien for the payment of the said per centum and the same shall be a charge upon all the property, estate and effects of said company within said city, what- soever, real, personal or mixed, and may be enforced by said city by civil action; but nothing contained herein shall be held to impair the rights of said city to enforce the terms and conditions of this ordi- And in further consideration of the rights and privileges herein granted, said Minnesota Central Telephone Company hereby agrees to allow the City of Minneapolis to attach at any time, to any of said poles, on the upper cross-arm thereof, its fire-alarm and po- lice wires. All poles to be erected within the City of Minneapolis un- der this ordinance shall be not less than fifty feet in length and eight inches in diameter at the top. nance. - Payment to City Treas- urer, when, Gross earn- ings, how determined. Books to be open for in- spection. Security for payment. Lien and charge on company's property, etc. How enforced. Not to im- pair rights of city. - City fire alarm and police wires. Poles, size and height. MINNESOTA CENTRAL TELEPHONE COMPANY. used in the construction thereof, and in case the said City of Minne- apolis shall exercise its option to purchase said systems as herein pro- vided, it shall have the right to purchase the same subject to any such encumbrance, deducting the amount thereof from the price to be paid. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 607 MINNESOTA CENTRAL TELEPHONE COMPANY. hereof to Provided further, that all provisions of this ordinance providing Provisions for the payment of the per centum of gross earnings as compensation apply to for the use of the streets, avenues, alleys and public grounds of said city shall apply to any and all lessees, successors and assigns of said corporation, in all respects the same as the grantees herein. successors and assigns. SEC. 9. Said Minnesota Central Telephone Company shall at all Indemnity times protect and save harmless the City of Minneapolis from all of city. damages and loss from, or arising out of, or by reason of the con- struction or operation of said telephone lines and conduit systems, and by reason of any infringement or claim of infringement of any Infringement patent upon any article or system used in the construction or use of of patents. said telephone and conduit system. City city council, mission. SEC. II. Filing same. SEC. 10. The said company shall file with the City Engineer Applications written application for all the streets or alleys it may hereafter wish Filing with to occupy with its poles and wires, as and when it may desire to oc- Engineer. cupy the same. And if such application shall be approved by the Approval of City Council, such approval shall be deemed a permission of the city deemed per- to so occupy said streets and alleys for the purpose above stated. Said Minnesota Central Telephone Company shall file Acceptance its acceptance of the provisions of this ordinance with the City Clerk of the City of Minneapolis on or before the expiration of thirty days from the passage of this ordinance, and shall at the same time file with the City Clerk a bond with sufficient sureties to be approved by Bond. the City Council of said City of Minneapolis, in the sum of Five Thousand Dollars, conditioned, that said company shall begin its work of construction of said telephone systems on or before ninety days from the date of filing said acceptance and that it will thereafter prosecute its work of construction with all reasonable diligence. SEC. 12. Failure on the part of said company, its successors or Failure assigns to file its acceptance hereof with the City Clerk as herein pro- avoids vided, or to file its bond within the time limited herein, or at any time to comply with the provisions of this ordinance, shall render this ordinance null and void. ordinance. 4, device. Electrical SEC. 13. All aerial conductors and underground conductors con- Conductors. nected with said telephone exchange entering any building in the City of Minneapolis must be provided near the point of entrance to the building with some approved protective device which will op- Protective erate to shunt the instruments in case of a dangerous rise in potential and will open and arrest any abnormal current flow. The protector must be approved by the Electrical Inspector of the Department of Approval of Buildings of the City of Minneapolis, and if placed within the build- Inspector. ing the wires of the circuit from the support on the outside of the building to the protective device must be of such insulation and in- stalled in such manner as is required by the ordinances of said city for low potential electric light and power service wires. SEC. 14. This ordinance shall take effect and be in force from To take and after its publication. How installed inside buildings. effect. 608 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. May main- tain and operate telephone system. Poles, cross arms, fix- tures, wires and cables, conduits, man holes, etc. In Minne- apolis. Subject to ordinances, etc. Conduit system, use of limited. Charges how limited. Business telephone. Residence telephone. Additional charges. Rates to city. MISSISSIPPI VALLEY TELEPHONE COMPANY. MISSISSIPPI VALLEY TELEPHONE COMPANY. An Ordinance Granting to the Mississippi Valley Telephone Com- pany, of Minneapolis, Authority to Use the Streets, Avenues and Alleys of the City of Minneapolis, for Erecting, Construct- ing, Maintaining and Repairing, Within the City Limits of the City of Minneapolis, Telephone Poles, With the Necessary Cross-arms and Fixtures, and to Stretch and Maintain There- on Wires and Cables for a Telephone Exchange System, and to Construct, Maintain and Repair Conduits, With the Neces- sary Man-holes and Service Pipes, for the Purpose of Conduct- ing and Distributing Necessary Wires and Cables for the Maintenance and Operation of the Telephone Exchange Sys- tem. (Passed Feb. 25, 1898. Approved March 4, 1898. Published March 8, 1898, in the Minneapolis Tribune, 24 C. P. 69.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. The Mississippi Valley Telephone Company, of Minneapolis, a corporation organized under the laws of the state of Minnesota, is hereby authorized to erect, construct, maintain and re- pair, within the limits of the City of Minneapolis, telephone poles, with the necessary cross-arms and fixtures, and to stretch and maintain thereon wires and cables for a telephone exchange system, and to operate such system, and to construct, maintain and repair conduits, with the necessary man-holes and service pipes for the purpose of con- ducting and distributing the necessary wires and cables within such territory within the said city of Minneapolis, as is or may be desig- nated as the territory in which all such wires shall be required to run underground, the privileges herein granted being subject always to all ordinances, rules and regulations of the City of Minneapolis, and subject to the conditions and provisions of this ordinance. Pro- vided, that nothing contained in this ordinance shall authorize the construction, maintenance or operation of a conduit system for any purpose other than to maintain therein the telephone wires and cables of said telephone exchange, to be constructed and operated hereunder. SEC. 2. Said Mississippi Valley Telephone Company, its suc- cessors and assigns, shall, at all times, be limited in its charges for telephone service, not exceeding the following scale of rentals, to- wit: For one business telephone, to be located within two miles of the United States general postoffice as now located in said city, the sum of $48.00 per annum; and for one residence telephone, located within said limits, the sum of $30.00 per annum, and for each half mile, or fraction thereof, beyond said two-mile limit, in an air line, the ad- ditional rental of 25 cents per month for each telephone; for all tele- phones furnished to the City of Minneapolis, and by it used for fire. alarm, police or other city purposes, not to exceed the following rate, to-wit, to furnish at least three telephones with switchboard service, MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 609 MISSISSIPPI VALLEY TELEPHONE COMPANY. rate. for $2.50 per month each; thirty-one telephones, with switchboard service, for $1.50 per month each; sixty telephones for police calls, with care and maintenance, for $2.50 per year each; and for a rental never exceeding one-half of the present rate paid by the City of One-half Minneapolis for such service. The right is expressly reserved, by the City of Minneapolis, to increase the number of telephones by it to be used, in accordance with the schedule price mentioned in this section. If at any time, the City of Minneapolis shall purchase and use its own telephones, connected with its own wires, or connected with wires furnished to said city by said company, such fire alarm and po- lice service as may be required to pass over and be connected with the general telephone system of said company, shall be furnished to the City of Minneapolis free of cost. SEC. 3. In the construction, maintenance, repair and operation of its telephone exchange, and in the use of the streets, avenues, al- leys and public grounds of said city therefor, the said company shall, at all times, be subject to and comply with all ordinances, rules and regulations of said city, now or hereafter in force, covering the use of streets, avenues, alleys and public grounds, by telephone and tele- graph companies, and regulating the construction, maintenance and operation of such plant within said city, and all plans, specifications, material and apparatus to be used in the construction and operation of said system shall be subject to the approval of the City Council; all telephones connected with the said exchange shall be connected only by metallic circuits, and no grounded wire or common return circuits, so called, shall be used or employed by said company, in maintaining or operating said telephone exchange, and what is known as party lines shall, in no case, be used or operated, under this ordinance, nor shall more than one set of telephone instruments be attached to any circuit, except when specially authorized by the City Council. Increase of number by city. Purchase of by city. telephones Fire alarm and police be free. to Company to ordinances to be subject etc. proved by Plans, etc., to be ap- council. circuits only to be used. not to be Metallic Party lines used. Only one set for any one circuit. Exception. defined. SEC. 4. The term "telephone," as used herein, shall be held and "Telephone" construed to mean a receiver, transmitter, bell, battery and all other appliances as are requisite for the complete equipment of such tele- phone instrument. of grant. SEC. 5. The privileges herein granted to the said Mississippi Conditions Valley Telephone Company are granted to it, its successors and assigns, on condition that it, its successors and assigns, will, without cost to the City of Minneapolis, provide suitable space upon their poles for wires for fire alarm and police purposes, and will, at their own cost and expense, furnish, string on its poles and draw in and main- tain in its conduits, all necessary fire alarm and police wires required by the City of Minneapolis for its use during the life of this ordinance. And it is further expressly provided that the said Mississippi Valley Telephone Company, its successors and assigns, shall not be required to permit, upon its poles, or place in its conduits, wires, conducting a stronger electrical current than can be safely carried electrical on said poles and in said conduits without impairing the efficiency currentim- of the service to be carried on and over the wires of said company; pair efficiency provided, that any question of interference arising in this connection Council to shall be decided by the Council. determine questions of interference. poles for Space on city wires. free of cost. and-police city. Fire alarm wires for of 610 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. No transfer of stock, etc., or consolida- tion without consent of council. SEC. 6. The said Mississippi Valley Telephone Company shall not, at any time, transfer its stock, or any part thereof, or its rights, or any thereof, or any of its property or effects, to any other telephone or other company now, or hereafter operating within the City of Minne- apolis, or make any consolidation with any such company, without the consent of the City Council of the City of Minneapolis, to be expressed by a resolution passed by a two-thirds vote of all the members of said council, authorizing such transfer, sale or consolidation, and the tele- phone exchange system to be constructed under this ordinance shall, at no time, be operated under any other telephone ordinance heretofore. granted by the City of Minneapolis. And further, nor shall any director of this company be a stock- holder in any other telephone company or be in any wise interested in any other telephone company operating a general telephone ex- change system in the City of Minneapolis. SEC. 7. The City of Minneapolis hereby reserves the right, at its election, to purchase said telephone exchange and conduit system, authorized to be erected under this ordinance, at any time after the expiration of four (4) years from the date of the acceptance of this ordinance by the said Mississippi Valley Telephone Company at an amount not exceeding its actual value at the time of purchase, less depreciation, any depreciation in the value thereof by reason of wear and tear, or At actual value less from any other cause whatever; and in case of such purchase, no value. whatever shall be placed upon the franchise or privileges granted under this ordinance. The city and the said Mississippi Valley Telephone Company, its successors or assigns, failing to agree as to the amount of such purchase price, the value of said telephone ex- change and conduit system shall be ascertained by arbitration-the City of Minneapolis, through its council, to select two arbitrators, and said Mississippi Valley Telephone Company, its successors or assigns, to select two; and these failing to agree, shall select a fifth disinter- ested arbitrator, and a decision of a majority of said board of arbi- tration shall be final and conclusive. In case the four arbitrators cannot agree within thirty (30) days after being so selected, or shall fail or neglect to agree on the fifth arbitrator for a period of thirty (30) days after being so selected, then the full bench of the Fourth judicial district of the State of Minnesota may select the fifth arbi- trator upon application of either party. Nothing herein, however, nor in submitting the question of price to arbitration, shall bind the City of Minneapolis to purchase said telephones and conduit system at the price fixed by said board of arbitration, unless said city shall so elect; and if said city shall elect to purchase at the price named by said board of arbitration, it shall have one (1) vear in which to pay the price named, the said Missis- sippi Valley Telephone Company, its successors or assigns, to retain possession until such payment is made. How expressed. System not to be operated by other com- panies. No director to be stockholder in other companies. City may purchase system. When. etc. No value to be placed on fran- chise. Price to be determined by arbitra- tion, when. Arbitrators, how se- lected. Decision to be final. District court to select 5th arbitrator, when. Election of city to purchase. Time for payment. Possession meantime. System not to be bonded or mort- gaged above 75 per cent of its value. MISSISSIPPI VALLEY TELEPHONE COMPANY. SEC. 8. Said Mississippi Valley Telephone Company, its succes- sors and assigns, shall not bond, mortgage or in any manner encumber said telephone exchange and conduit system beyond or for more than seventy-five (75) per cent of the actual value thereof, and in case the said City of Minneapolis shall exercise its option to purchase said telephone exchange and conduit system, as herein provided, it MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 611 MISSISSIPPI VALLEY TELEPHONE COMPANY. Amount of incum- brances de- purchase price. of grant. Payments, shall have the right to take the same, subject to any such incum- ducted from brance, deducting the amount thereof from the price to be paid. SEC. 9. The rights and privileges granted by this ordinance Conditions are upon the condition that the said Mississippi Valley Telephone Company, its successors and assigns, shall pay, as compensation and as a consideration for the use of the streets, avenues, alleys and public grounds of said city, for the purposes herein designated, the full sum and amount of five per cent of its gross earnings from telephone service in the City of Minneapolis, annually into the city treasury of said city, for the use and benefit of said city; said pay- ment to be made on or before the 1st day of January of each and when made. every year, from and after the granting of this ordinance; and for the purpose of ascertaining the gross earnings, upon which such pay- ment shall be made as aforesaid, an accurate account of such earnings shall be kept by said company and an abstract account thereof fur- nished by it to the City Treasurer of said City of Minneapolis, on or before the 15th day of December, in each year, the truth of which abstract shall be verified by the affidavits of the treasurer and sec- retary of said company; and for the purpose of verifying such state- ment, the books of said company shall, at all times, be open for the inspection of such officer, person or persons as may be appointed for that purpose by the City Council of said city. And for the And for the pur- pose of securing to the City of Minneapolis the payment of the afore- said percentum, the said city shall have a lien for the payment of said percentum, and the same shall be a charge upon all property, estate and effects of said company whatsoever, real, personal or mixed, and may be enforced by said city by civil action. But noth- ing contained herein shall be held to impair the rights of said city to enforce the terms and conditions of this ordinance: Company to pay city 5 gross per cent of earnings. How ascer- tained. and abstract Accounts thereof. How verified. Books of company to inspection. be for lien on City to have property of How company. enforced. No impair- ment of city's rights. Provided, further, that all provisions of this ordinance, provid- ing for the payment of the percentum of gross earnings as com- pensation for the use of the streets, avenues, alleys and public grounds of said city shall apply to any and all lessees, successors or assigns of said corporation in all respects the same as the grantee herein; provided, however, that said Mississippi Valley Telephone Company No gross shall not be required to pay said gross earnings tax on a number of earnings business telephones and a number of residence telephones, equal in number to the business telephones and residence telephones in use by actual subscribers to all opposition telephone companies not re- quired to pay a gross earnings tax to said city. tax, when. to apply to Ordinance lessees, and assigns of company. Infringe- ments of patents. of city. SEC. 10. Said company shall at all times protect and save harm- Indemnity less the City of Minneapolis from all damage and loss from, or aris- ing out of, or by reason of the construction or operation of said telephone exchange and conduit system and by reason of any in- fringement of any patent upon any article or system used in the con- struction or use of said telephone and conduit system. SEC. II. Said Mississippi Valley Telephone Company shall file its written acceptance of the provisions of this ordinance with the City Clerk of the City of Minneapolis on or before the expiration of sixty (60) days from the passage of this ordinance, and shall, Bond to at the same time, file with said City Clerk a bond, with sufficient be filed. Acceptance Filing same. of ordinance. 612 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Amount. Conditions. Commence- ment of work. How prosecuted. Amount to be expended. Number of subscribers. Compliance with ordi- nances, etc. Indemnity of city. Period covered by bond. $5.000 deposit required. Agreement. Forfeiture of $5,000, when. Return of same, when. Failure to file accep- tance or bond avoids ordinance. To take effect. MISSISSIPPI VALLEY TELEPHONE COMPANY. sureties to be approved by the City Council of said Minneapolis, in the sum of twenty-five thousand (25,000) dollars, conditioned that the said company shall commence its work of construction of said telephone and conduit system or or before fifteen (15) days from the date of the filing of such acceptance, and that it will thereafter prose- cute its work of construction with all reasonable diligence; that it will within the period of six months from the date of the filing of said bond, expend in the actual and necessary construction of said system not less than fifty thousand (50,000) dollars; that it will, with- in a period of eighteen (18) months from the date of filing of such bond, have not less than twelve hundred bona fide subscribers with telephones connected with such system and in operation within said city; that it will comply with all the ordinances, rules and regula- tions of said city in the construction and operation of said system; that they will protect and save harmless the City of Minneapolis from all damages and loss from or arising out of, or by reason of the construction or operation of said telephone exchange and conduit. system, and by reason of any infringement or claim or infringement of any patent upon any article or system used in the construction or use of said telephone or conduit system; said bond to cover the full period of the construction of said system until the same shall be completed to the extent of having twelve hundred bona fide sub- scribers with telephones in use, properly connected with said system. SEC. 12. This ordinance is granted upon the express condition that said Mississippi Valley Telephone Company shall, as an earnest. of good faith, within thirty (30) days after the passage of this ordi- nance, deposit with the City Treasurer of the City of Minneapolis the sum of five thousand (5,000) dollars, in cash, with an agree- ment to be approved by the City Attorney of said city, which agree- ment shall provide that said Mississippi Valley Telephone Company shall accept this ordinance, file said bond of twenty-five thousand (25,000) dollars, in accordance with the provisions of this ordi- nance; and upon failing so to do, that said five thousand (5,000) dollars, in cash, shall immediately, and without any other act or thing being done, be and become the absolute property of said city as and for ascertained and liquidated damages for the failure to perform the conditions above mentioned, and said agreement shall further provide that upon the faithful performance of the provisions. mentioned in this section, said five thousand (5,000) dollars, in cash, shall be returned to said Mississippi Valley Telephone Company. SEC. 13. Failure on the part of said company to file its accept- ance thereof with the City Clerk, as herein provided, or to file its bond within the time limited herein, or at any time to comply with the provisions of this ordinance, shall render this ordinance null. and void. SEC. 14. This ordinance shall take effect and be in force from and after its publication. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 613 1 MINNESOTA POWER AND TROLLEY COMPANY. MINNESOTA POWER AND TROLLEY COMPANY. An Ordinance Granting Permission for a Term of Years to the Minnesota Power and Trolley Company, Its Successors and Assigns, to Construct, Maintain and Operate Within the City of Minneapolis, all Necessary Appliances and Plants for Gen- erating, Conveying and Distributing Within Said City Electric Energy for Lighting and Power Purposes for Public and Pri- vate Use. (Passed Dec. 30, 1904. Approved Jan. 2, 1905. Published Jan. 5, 1905, in the Daily Legal News, 30 C. P. 708.) ㄴ ​Term, 30 power plant. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. There is hereby granted, subject to the conditions hereinafter in this ordinance contained, to the Minnesota Power and Trolley Company, its successors and assigns, for the term of thirty (30) years, the right to convey into the City of Minneapolis electrical energy and to construct, acquire, maintain and operate in said city years. an electric lighting and power plant for the purpose of furnishing Electric electric light and power for public and private use, and to that end lighting and the Minnesota Power and Trolley Company, its successors and as- signs, subject to said conditions, shall have the right and privilege, for and during said period of thirty years from the date of the passage of this ordinance, and subject to the regulations of all laws and ordi- nances which are now in existence or which may hereafter be enacted and to the conditions herein stated, to lay, erect, construct, place, maintain and extend suitable wires, cables or other conductors, with necessary apparatus, poles, conduits, subway, ducts, pipes, manholes and other fixtures, appliances and structures in, on, over, under and across the streets, avenues and alleys of the City of Minneapolis. Provided, that all roadways, pavements, sidewalks and curbstones Roadways, shall not be used in any way contrary to the regulations of existing etc. or future ordinances, and if they shall be in any manner removed, changed or disturbed, shall be replaced and properly repaired by said Minnesota Power and Trolley Company, its successors and assigns, in accordance with the provisions and conditions of said ordinances. And provided, further, that the Minnesota Power and Trolley Company, its successors and assigns, shall, without cost to the City of Minneapolis, provide suitable space upon its poles and in its con- duits for wires for fire alarm and police purposes. and will, at its own cost and expense, furnish, string on its poles and draw in and maintain in its conduits all necessary fire alarm and police wires required by the City of Minneapolis for its use during the life of this ordinance. sidewalks, Company to pair, etc. restore, re- Grant of franchise. electrical And provided, further also, that the City of Minneapolis, first, and after it the citizens, co-partnerships and corporations, of said city shall have priority of right of water power furnished by the water power plant of the Minnesota Power and Trolley Company. Permission to install same. Subject to ordinances, etc. Fire alarm wires, and and police space for same, to be free. furnished And provided, also, that said company shall keep its poles prop- Poles, how erly painted and stenciled, prohibiting the posting of bills of any kind cared for. thereon. Right of water power. 614 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. City to have priority. No exclusive privilege. No guar- antee. Company subject to ordinances. Removal of buildings, etc. Wires to be displaced. when. Expense of same. No sale or transfer of right without consent of council. Expressed by resolu- tion. Plant not to be oper- ated under other grants. No director to be stock- holder in other companies. — Company to pay city one per cent of gross re- ceipts for first ten years. 3 per cent for 2nd ten years. 5 per cent annually thereafter. MINNESOTA POWER AND TROLLEY COMPANY. SEC. 2. Nothing in this ordinance shall be construed as giving to said Minnesota Power and Trolley Company, its successors and assigns, any exclusive privilege in, on, over, under or across any of the streets, avenues or alleys of said City of Minneapolis, or a guar- antee of any of the rights or privileges herein granted or which are intended to be herein granted, and the said Minnesota Power and Trolley Company, its successors and assigns, shall at all times be subject to the regulations of all laws and ordinances of the City of Minneapolis now in existence, or which may hereafter be enacted relative to the using of streets, avenues or alleys of said city. Provided, that whenever extraordinary use of any of the streets, avenues or alleys of the City of Minneapolis is required by any person moving a building through, over or across such streets, avenues or alleys having a properly issued permit authorizing the same, and shall present such permit to the Minnesota Power and Trolley Com- pany, its successors and assigns, it shall be the duty of said company within twenty-four hours thereafter to remove or displace any and all wires belonging to said company at the sole cost and expense of said company, so as to sufficiently allow the passage of said building across the street, avenue, or alley over which said wires are sus- pended. SEC. 3. The said Minnesota Power and Trolley Company, its successors and assigns, shall not at any time sell or transfer its rights under this ordinance or any thereof, or any of its property or effects, to any person, co-partnership or corporation now or hereafter operat- ing an electric lighting or power plant in the City of Minneapolis, nor make any consolidation with any such person, co-partnership or corporation, without the consent of the City Council of the City of Minneapolis, such consent to be expressed by a resolution passed by a two-thirds vote of all the members of the City Council authoriz- ing the same, and the right to acquire, maintain and operate an elec- tric lighting and power plant herein granted shall at no time be operated under or by virtue of any subway or other franchise or privilege heretofore granted by the City Council of the City of Min- neapolis, nor shall any director of said company be a stockholder or interested in any other electric lighting or electric power com- pany operating within said City of Minneapolis. SEC. 4. The rights and privileges granted by this ordinance are on the condition that the said Minnesota Power and Trolley Com- pany, its successors and assigns, shall pay into the city treasury of the City of Minneapolis, for the use and benefit of said city, as com- pensation and as consideration for the use of the streets, avenues and alleys of said City of Minneapolis, for the purposes herein desig- nated, and in addition to all taxes and assessments which said com- pany and its property may be subject to, the full sum and amount of one per cent (I per cent) of its gross receipts from electric service within the City of Minneapolis annually for the first ten years from the acceptance of this ordinance, three per cent (3 per cent) of its gross receipts annually for the second ten years from the accept- ance of this ordinance, and five per cent (5 per cent) of its gross receipts annually thereafter. Said company hereby agrees to make MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 615 • MINNESOTA POWER AND TROLLEY COMPANY. when Annual said payments on or before the 15th day of March in each year for Payments, the last preceding calendar year from and after the acceptance of this ordinance, and for the purpose of ascertaining the gross receipts upon which payments are hereby agreed to be made as aforesaid, the Minnesota Power and Trolley Company, its successors and assigns, shall file annually on or before the 15th day of January of each year statement for the next preceding calendar year, in the office of the City Comp- to be filed. troller, a statement sworn to by its managing officer, setting forth in detail for said preceding calendar year the actual cost of said Contents. electric lighting and power plant within the City of Minneapolis, with its system of underground conduits, overhead wires and distributing system within said city hereby authorized, the nature and extent of the business transacted in said city, the actual incumbrances, debts and obligations thereon, if any, the gross receipts, the operating expenses and the nature thereof, and the net income after deducting all proper costs and disbursements. For the purpose of verifying such statement, the books of said Minnesota Power and Trolley Company, its succes- sors and assigns, shall at all times be open to the inspection of the City Comptroller of the City of Minneapolis, or his authorized deputy, and the said Minnesota Power and Trolley Company, its successors and assigns, shall at all times keep proper and accurate books of account, and the entries therein shall show at all times the cost of the plant, the nature and extent of the business transacted in detail, and the actual incumbrances, debts and obligations thereon, if any, and all receipts and disbursements in proper detail. Books of company to inspection. be open for account, Books of company to keep. what. To show Electric energy for SEC. 5. The rights and privileges granted by this ordinance are granted on the further condition that the said Minnesota Power and Trolley Company, its successors and assigns, shall not charge the City of Minneapolis for electric energy to exceed $25 per horse power per annum for at least 4,000 hours in each year for 1,000 horse power of electric energy, or so much thereof as the city may desire, de- livered to the City of Minneapolis for municipal lighting and power. purposes, furnished at a switch board or station to be provided and lighting and operated by said city and located between the Mississippi river and Washington avenue north, during such hours as the city may elect, and said company hereby agrees when requested to furnish said 1,000 Agreement horse powers of electric energy or so much thereof as the city may desire for at least 4,000 hours in each year at a price not to exceed $25 per horse power per annum, at such switch board or station, to said city for said purposes. power pur- poses. Where to be furnished. of company. Maximum charge to city. SEC. 6. The rights and privileges granted by this ordinance are granted on the further condition that the said Minnesota Power and Trolley Company, its successors and assigns, shall not charge to the City of Minneapolis to exceed $58.50 per lamp per annum for fur- nishing, maintaining and operating such number of electric street lamps, with necessary conduits, ducts, poles and other appliances, not exceeding 1.400 street lamps, as the city may require, and to keep the same lighted on an all-night and every-night schedule for at least 3.650 hours per lamp per year under the specifications here- inafter set forth, and said company hereby agrees when requested Agreement to furnish, maintain and operate at least such number of electric of company. Maximum charge for street lamps, electric etc. 616 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. No. of lamps. Maximum price. Lamps. Globes. Defective lamps. Mast arms. Poles. Distance apart. Where set. How marked. Carbons. Painting. Poles, lines, wires and conduits, to conform to ordinances. Location of lamps. New lamps, etc. Change of location. Expense of. No changes, when. Installation of new lamps. MINNESOTA POWER AND TROLLEY COMPANY. street lamps with necessary conduits, ducts, poles and other appli- ances, not exceeding 1,400 street lamps, as the city shall require, and to keep the same lighted on an all-night and every-night schedule for at least 3,650 hours per lamp per year at a price not exceeding $58.50 per lamp per annum under said specifications. Said specifications are as follows: LAMPS. All lamps to be what is known as constant current lamps, and in their normal operation shall require not less than 450 to 500 watts. All globes shall be of clear glass maintained whole, and shall be kept clean. Defective lamps reported "out" two successive nights shall be replaced by perfect lamps. MAST ARMS. All lamps shall be suspended from a mast arm of neat design, approved by the City Council or authorized city offi- cial, and of sufficient length to extend a lamp twenty (20) feet from the pole which supports the mast arm where possible, and at a height of 28 to 30 feet above the street. POLES. Line poles shall be placed not to exceed one hundred and twenty-five (125) feet apart, and not shorter than mast arm poles. All poles shall be set inside the curb line, under directions. of the City Engineer, and, unless otherwise permitted, shall continue on the same side of the street throughout its entire length; all poles shall be neatly branded with the name of the owner. CARBONS. Carbons must be of the very best kind and must be approved by the Inspector of Gas. The company must submit name of maker of carbon it proposes to use to the Inspector of Gas at any time upon such request. PAINTING. All poles and appliances for the maintenance of city street lamps, except mast arms, shall be painted black. All mast arms shall be painted white, and all poles, mast arms and other appli- ances shall be maintained in good condition, subject to the approval of the Inspector of Gas. POLE LINES, WIRES AND CONDUITS. The company. must conform to all ordinances at present in force or which in the future may be passed by the City Council relative to overhead and underground wires, pole lines and conduits. LOCATION OF LAMPS. All lamps, unless otherwise ordered by the City Council or authorized city official, shall be located at the street corners and so suspended that they will extend out towards the intersection of the street. All new lamps and lamps moved to be located by the Inspector of Gas. All lamps, when once located by the City Council or authorized city official, shall be maintained at that location, except that any changes of location shall be made upon the order of the proper city official, the expense of such change to be paid by the city upon the presentation of an itemized account of such expense; but no changes shall be required when the ground is frozen from November to April, inclusive, except by special agree- ment. New lamps when ordered by proper city officials, shall be installed within a reasonable time and without expense to the city, MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 617 MINNESOTA POWER AND TROLLEY COMPANY. except that no extensions shall be required from November to April, No exten- inclusive, except by special agreement. sions, when. new lamps. Extensions will be made so that a new lamp will not be located Location of more than two blocks from last lamp in place, except by special agreement. The lamps must be located as shown on plat on file in the office of the Inspector of Gas. CIRCUITS. The lamp circuit shall be so adjusted as to give the most efficient lighting, and no circuit shall contain more lights than can be properly carried with good results. Any changes made in the circuits shall be reported at once to the Inspector of Gas, and at the beginning of each year a detailed report shall be made show- Annual ing the location of all the lamps on each circuit. report. TESTING. For the purpose of testing current of any circuit, Testing. the company shall run the wires of the various circuits of a district Testing into testing stations to be designated by the City Council. stations.. REPORTS. An hourly record of the current furnished each circuit shall be kept at the Central Station, and a copy of the record must be furnished daily to the Inspector of Gas. Deficiency Pro rata reduction. All circuits in any district must pass through the testing station of said district, and the company must provide and install at such station a suitable fireproof plug switchboard, together with all neces- sary plugs and cables, to enable the Inspector of Gas to attach and detach such instruments as he may deem fit or necessary for deter- mining the amount of current of the several circuits at such time, excepting when it rains, as may in his judgment be necessary, and without notice to the company. For any deficiency in current and wattage the company shall be subject to a pro rata reduction in its in current. lighting bill. The current required shall be between 9.6 amperes and 10 amperes, and the wattage shall be between 450 and 500 watts. Strength of Three tests shall be made on the circuits tested for current. The average of those three tests shall be considered the current of the Tests, how said circuit for the month. The wattage shall be determined for the circuits tested by testing three lamps taken from any place on How the circuit (lamps reported by the company not in condition ex- cluded). The said lamps are to be taken to the station and placed under the average current found for the month. The average wat- tage of these three lamps multiplied by the current found shall be the wattage of the circuit for the month. current required. made. Wattage. determined. Daily reports shall also be made to the Inspector of Gas of the time of lighting and extinguishing of each circuit. The length of time any circuit is open shall be reported in the daily report. A report shall be made each day for the previous night of the lamps which were started up and credit will be given for such lamps started up and which had been reported out by the Gas Inspector. Circuits. How adjusted. Changes to be reported. Reports shall be made to the company within reasonable time by the Inspector of Gas of the results of all tests made upon the elec- tric lights, and a daily report shall also be made of the lights found out for the previous night, this report to be furnished as soon as the company's report of lights started is received. Circuits to testing pass through station. Equipments of stations. reports of Daily current furnished. Time of Time lighting, etc. circuits are open. Lamps up, etc. started Inspector to company report to results of tests. Lights found out. 618 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. ¿ 7. Lighting schedule. Deductions. For lights out. For defici- ency in current, etc. Maximum charges for electric energy to private parties for lighting. Maximum charge for power. Agreement of company. Per centum of gross receipts not required, when. Company not required to furnish electrical energy under Sec. 5 and street light- ing under Sec. 6, at same time. MINNESOTA POWER AND TROLLEY COMPANY. SCHEDULE OF LIGHTING. The lamps burning on the all- night schedule shall be lighted all night and every night of the year, the total hours approximating thirty-six hundred and fifty (3,650). DEDUCTIONS. Ist. For lights out when required to be light- ed by the schedule, a pro rata reduction will be made for the length of time the lamps are out. 2nd. For any deficiency in current or wattage on any circuits found during any month a pro rata reduction of the bill for that month will be made as heretofore stated. SEC. 7. The rights and privileges granted by this ordinance are granted on the further condition that the said Minnesota Power and Trolley Company, its successors and assigns, shall not charge to citizens, people or corporations of said city for furnishing electric energy, including the necessary apparatus, rates greater than the following, to-wit: For lighting when the bill of the consumer does not exceed $100 per annum, 10 cents per kilowatt hour; when the bill of the consumer exceeds $100 and does not exceed $300 per annum, 9 cents per kilowatt hour; when the bill of the consumer exceeds $300 but does not exceed $500 per annum, 8 cents per kilo- watt hour; when the bill of the consumer exceeds $500 but does not exceed $1,000 per annum, 7 cents per kilowatt hour; when the bill of the consumer exceeds $1,000 but does not exceed $2,000 per annum, 6 cents per kilowatt hour; and when the bill of the consumer exceeds $2,000 per annum, 5 cents per kilowatt hour. Such bills to be figured on a basis of ten (10) cents per kilowatt hour. And for power: When the bill of the consumer is less than $100 per annum, five cents per kilowatt hour; and when the bill of the consumer exceeds $100 and does not exceed $500 per annum, four cents per kilowatt hour; and when the bill of the consumer exceeds $500 per annum, three cents per kilowatt hour. Such bills to be figured on a basis of five (5) cents per kilowatt hour. And said company hereby agrees to furnish to said citizens, people and corporations electric energy at not exceeding the rates aforesaid. SEC. 8. In case the City of Minneapolis shall elect to purchase from the Minnesota Power and Trolley Company, its successors and assigns, electric energy under section 5 of this ordinance, or in case said city shall elect to purchase street lighting under section 6 of this ordinance, then the Minnesota Power and Trolley Company shall not be required to pay the percentum on the gross receipts under section 4 of this ordinance during the time that said company is furnishing either electric energy under section 5 or street lighting under sec- tion 6. Provided, however, that in case the City of Minneapolis shall elect to take electric energy under section 5 of this ordinance, then the Minnesota Power and Trolley Company, its successors and as- signs, shall not be required during the same time to furnish street lighting under section 6 of this ordinance, and in case the City of Minneapolis shall elect to purchase street lighting under section 6 during the same time, then said Minnesota Power and Trolley Com- MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 619 MINNESOTA POWER AND TROLLEY COMPANY. pany, its successors and assigns, shall not be required to furnish electric energy under section 5 of this ordinance. rates sub- how appointed. court to SEC. 9. The maximum rates for electric energy to be furnished Maximum citizens, people and corporations of said city hereinbefore fixed are ject to re- subject to revision at any time after ten years from the acceptance vision, when. of this ordinance and at intervals thereafter not oftener than once in five years, by arbitration by three arbitrators, as follows: The City Arbitrators, Council of said city shall appoint one arbitrator, said company one disinterested arbitrator and the two thus appointed shall appoint a third arbitrator, and failing to agree within 30 days on a third arbi- trator, then the District Court of Hennepin County, upon applica- District tion of said city or said company, shall appoint a third arbitrator, appoint, and the three arbitrators so chosen shall proceed forthwith to adjust and determine the maximum rates to be charged for electric energy arbitrators. for lighting and power purposes to be furnished to the citizens, people and corporations of the City of Minneapolis. The written Decision determination of any two of said arbitrators shall be final, and when final. such rates have been so fixed, thereafter said company shall not charge for electric energy for lighting and power purposes to citi- zens, people and corporations of said city in excess of the rates so fixed by said arbitrators. when. Duties of of SEC. 10. The said Minnesota Power and Trolley Company, its Indemnity successors and assigns, shall at all times protect and save harmless the City of Minneapolis from all damage and loss from or arising out Damages. of or by reason of the construction or operation of said electric light- ing and power plant and by reason of any infringement of any patent Infringe- upon any article or system used in the construction, operation or use of said plant and system. of patents. City may purchase. When. SEC. II. The City of Minneapolis hereby reserves the right at its election to purchase so much of said electric lighting and power plant as shall be located within the City of Minneapolis at any time after the expiration of ten years from the date of the acceptance of this ordinance, at an amount not exceeding its actual cost, less any Price. depreciation in value thereof by reason of wear and tear and from any other cause, and in case of such purchase, no value whatever No value shall be placed upon the franchise or privileges granted by this on franchise. ordinance, and the said company, its successors and assigns, failing Failure to agree as to the amount of such purchase price, the value of said to agree. plant located within the City of Minneapolis shall be ascertained by arbitration, the City of Minneapolis through its council to select two Arbitration. arbitrators and the said Minnesota Power and Trolley Company, its successors and assigns, to select two, and these failing to agree, shall select a fifth disinterested arbitrator, and a decision of a majority of said board of arbitration shall be final and conclusive. In case the four arbitrators cannot agree within thirty days after being so selected or shall fail or neglect to agree on the fifth arbitrator for a period of thirty days after being so selected, then a full bench of the Fourth Judicial District of the State of Minnesota may select a fifth arbi- trator upon application of either party. Five arbi- chosen. trators, how District select 5th court to arbitrator, when. Nothing herein, however, nor in submitting the question of price City not to arbitration shall bind the City of Minneapolis to purchase so much bound to purchase. 620 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Time to make payment. Possession meantime. Arbitrators to determine reasonable annual rent, etc. Lease to company of portion of system. Plant and system. Inspection by city. Tests by city. May require changes, etc. Specifica- tions, pur- pose of. Company may make improve- ments, etc. Approval by council. Extensions of system, when. Council to direct same. MINNESOTA POWER AND TROLLEY COMPANY. of said plant as shall be located in the City of Minneapolis at the price fixed by said board of arbitration unless said city shall so elect. And if said city shall elect to purchase at the price named by said board of arbi- tration it shall have one year within which to pay the price named, and the said company, its successors and assigns, shall retain posses- sion until said purchase is made. In case of a purchase by the city under the provisions of this section, the arbitrators selected to determine the purchase price shall also determine what would be a reasonable annual rent for the use of a sufficient portion of the conduits, poles and other appliances so purchased to enable said company, its successors and assigns to fur- nish power, heat and light to private consumers in said city; and the said company, its successors and assigns, shall thereupon be entitled for the then unexpired period of the 30 years for which this ordi- nance is granted to a lease of such portion of the conduit, poles and other appliances, at the rental so fixed by said arbitrators, the rent to be paid quarterly in advance. SEC. 12. The said plant and system and all appliances at any time installed by said company shall be of the best devices and of the great- est efficiency. Said grant is made upon the condition that said city by its Inspector of Gas or other officer thereto duly authorized, may at any time and all times and places view, examine and inspect the said plant and system and all apparatus and appliances used in connec- tion therewith, either for public or private consumption of electric energy, and to test the same and all electric energy furnished by said company in accordance with the provisions of any ordinance or regu- lation now in existence or which may hereafter be in existence. And such city may require of said company such installation or changes as will furnish the efficiency, quality and quantity of electric energy re- quired by any such ordinances or regulations. SEC. 13. The specifications herein set forth are intended to pre- scribe a safe and orderly method of electric lighting in the City of Minneapolis and for establishing a standard of efficiency, but it is not intended thereby to prohibit the use by said company of such improved methods and instrumentalities or from making such changes as the advancement in electric lighting may require to insure economy and efficiency in operation and service; provided, that such new methods, instrumentalities and changes secure greater safety and a higher standard of excellency than is, required by the foregoing specifications, and provided the same are approved by said City Coun- cil through its Inspector of Gas or other officer thereto duly author- ized. SEC. 14. This grant is made upon the further condition that whenever citizens, people or corporations within the limits of said city shall make written application to said City Council for electric energy for lighting and power purposes to be furnished by said com- pany within an area equivalent to not to exceed ten city blocks, and when the aggregate amount of electricity applied for by them per year, at the rates fixed under this ordinance, shall equal or exceed $2,000, then said company upon demand made upon it by said City Council shall extend its mains, ducts, or pole lines accordingly, and furnish. electric energy to such applicants and subscribers. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 621 MINNESOTA POWER AND TROLLEY COMPANY. Gra of ordinance. of same. SEC. 15. This ordinance is granted upon the express condition Acceptance that the said Minnesota Power and Trolley Company shall, within 90 days after the official publication hereof, file a written acceptance of Filing same. this ordinance and of the conditions thereof with the City Clerk of the City of Minneapolis, together with a bond in the sum of $25,000, Bond. with sufficient sureties to be first approved by the City Council, con- ditioned upon the protection of the said City of Minneapolis from all Conditions loss from or arising out of or by reason of the construction or opera- Indemnity tion of said electric lighting and power plant and by reason of any of city. infringement of any article or system used in the construction, opera- Infringe- tion or use of said plant and system, and conditioned that it will ments. promptly and faithfully keep and perform each and every of the agree- Performance ments and conditions of this ordinance and will commence the con- struction of the plant required under this ordinance within 60 days from the acceptance of said ordinance, and will thereafter prosecute its work of construction with all reasonable diligence, and will within one year from the acceptance of this ordinance expend at least $200,- ooo in and about the construction of its plant and system, and that it will on or before November 1st, 1907, have said plant and system completed and ready to furnish electric energy and light to said city of plant. and citizens, people and corporations thereof, in accordance with this ordinance. Said bond shall be kept in full force and effect dur-long effec- ing the entire period of this ordinance. of agree- ments, etc. Commence- ment of work, etc. Completion Bond, how tive. SEC. 16. Within 60 days after the acceptance by said company Plans and of this ordinance and before it shall commence any work of construc- tions. specifica- tion hereunder, it shall prepare, and after first being submitted to Preparation. and approved by the City Council of the City of Minneapolis, placed Filing. on file in the office of the City Engineer of the City of Minneapolis, maps, plans and specifications of such proposed construction, which specifications shall include all excavations and all underground and all Excavations. overhead apparatus and appliances of every kind and description, show- Apparatus ing the exact location and description of its plant, including all con- and duits, ducts, pole lines and other appliances proposed to be installed Location of by said company for the purpose of furnishing electric energy and plant, etc. light under this ordinance. appliances. SEC. 17. Failure on the part of said company to file its accept- ance hereof with said City Clerk as herein provided, or to file its bond within the time limited herein, or at any time to comply with the provisions of this ordinance, shall render this ordinance null Avoids and void. ordinance. SEC. 18. This ordinance shall take effect and be in force from and after the acceptance thereof and the filing of the bond, as herein- above specified. Failure to file, etc. To take effect. 622 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. No poles, brackets, etc. No wires on poles, etc. Unlawful acts. Removal of poles, etc. Additional wires on poles. Application. Council may authorize. Forfeiture if not authorized. Inhibited territory. Description. UNDERGROUND WIRES, ETC. UNDERGROUND WIRES, ETC. An Ordinance Regulating the Placing of Underground Electrical Wires, Cables and Conduits. (Passed Dec. 3, 1886. Approved Dec. 10, 1886, 12 C. P. 577. As amended Nov. 5, 1888, 14 C. P. 416; May 13, 1889, 15 C. P. 227; Jan. 22, 1890, 16 C. P. 42; April 1, 1890, 16 C. P. 176; Feb. 27, 1894, 20 C. P. 107; April 5, 1895, 21 C. P. 120; May 16, 1899, 25 C. P. 258; Oct. 20, 1899, 25 C. P. 589; Nov. 11, 1899, 25 C. P. 604; Nov. 29, 1902, 28 C. P. 576; Feb. 4, 1904, 30 C. P. 36.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No poles, brackets or other device for the support of telegraph, telephone, electric light wires, or wires used for con- ducting currents of electricity for any purpose, shall hereafter be erected in any street, alley or public place in the City of Minneapolis, within such territory as shall hereinafter be described, nor shall any wires used for conducting electric currents for any purposes what- ever be placed upon any poles, brackets or device of any kind used for their support, except as hereinafter allowed. SEC. 2. It shall be unlawful for any person or company own- ing, operating or leasing electrical wires, to string, run, erect, main- tain or use any such electrical wires, or any poles, brackets or other device for supporting such wires in, along, over or across any street, alley or public place in the City of Minneapolis, within the limits here- inafter described, after the first day of December, 1889, except as hereinafter expressly allowed, and all such poles, brackets or other devices shall then be removed. (As amended Feb. 27, 1894, 20 C. P. 107.) W SEC. 3. Any telegraph, telephone or electric light company, or any person or company owning, operating or leasing wires for con- ducting electrical currents shall, before placing any additional wires upon poles existing within the limits hereinafter described after the first day of July, 1889, make application therefor to the City Council, and such application may be granted if said council shall deem it advisable, and any such person or company placing wires thereon without such permission shall thereby forfeit all privileges held by them. SEC. 4. The territory within which the stringing, running, erect- ing, maintaining or use of electric wires, or any poles, brackets or any devices for supporting electric wires above the surface of the ground, in, along, over or across any street, alley or public place in the City of Minneapolis shall be prohibited after the date specified in section 2 hereof is established as follows: Commencing at the west bank of the Mississippi River at its junction with Plymouth avenue; thence west along the north line of Plymouth avenue to the westerly side of Third street north; thence along the westerly side of Third street north to the northerly side of First avenue north; thence along the northerly side of First avenue north to the west side of Ninth street; thence along the west side of MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 623 UNDERGROUND WIRES, ETC. Ninth street and the northwesterly side of Hawthorn avenue to the Description. center line of Eleventh street; thence along the center line of Eleventh street to the southeasterly side of Second avenue south; thence along the southeasterly side of Second avenue south to the center line of South Fifth street; thence along the center line of South Fifth street to the center line of Fourth avenue south; thence along the center line of Fourth avenue south to the southwesterly side of South Fourth street; thence along the southwesterly side of South Fourth street to the southeasterly side of Tenth avenue south; thence along the south- easterly side of Tenth avenue south to the southwesterly side of South Third street; thence along the southwesterly side of South Third street to the west side of Cedar avenue; thence along the west side of Cedar avenue to the south side of South Fourth street; thence east to the east side of Cedar avenue; thence north on the east side of Cedar avenue to the center line of South Second street; thence along the center line of South Second street to the center line of Eighth avenue south; thence along the center line of Eighth avenue south to the Mississippi river; thence along the west bank of the Mississippi river to the south side of the Steel Arch bridge; thence along the south side of the Steel Arch bridge and Central avenue to the southwest side of Main street; thence along the southwest side of Main street to the southeast side of First avenue southeast; thence along the southeast side of First avenue southeast and southeast side of Central avenue to its junction with the northwesterly side of First avenue northeast; thence along the northwesterly side of First avenue northeast to the southwesterly side of Main street; thence along the southwesterly side of Main street to the northwesterly side. of Central avenue; thence along the northwesterly side of Central avenue and Steel Arch bridge to the west bank of the Mississippi river; thence along the west bank of the Mississippi river to the southeasterly side of Third avenue north; thence along the south- easterly side of Third avenue north to the northeasterly side of Washington avenue north; thence along the northeasterly side of Washington avenue north to the south side of Plymouth avenue; thence along the south side of Plymouth avenue to the bank of the Mississippi river, and thence to the place of beginning. (As amended Feb. 27, 1894, 20 C. P. 108, and April 5, 1895, 21 C. P. 120.) Also all the territory not included in the foregoing description and included within the following described boundaries, to-wit: Com- mencing at a point where the west bank of the Mississippi river in- tersects the north line of Twentieth avenue north; thence west along the north line of Twentieth avenue north to the west line of North Lyndale avenue; thence south along the west line of North Lyndale avenue to the north line of Kenwood Parkway; thence west and southwest along the north and west line of Kenwood Parkway to the west line of South Penn avenue; thence south along the west line of South Penn avenue to the south line of West Franklin ave- nue; thence east on the south line of West Franklin avenue to the west line of South Humboldt avenue; thence south on the west line of South Humboldt avenue to the south line of Lake street; thence east on the south line of Lake street to the east line of Cedar avenue; 624 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Description. Removal of poles, wires, etc.. when. Erection of poles, etc., by permis- sion of council. Lines across Mississippi river, on bridges, etc. Consent of council. UNDERGROUND WIRES, ETC. thence north on the east line of Cedar avenue to the south line of East Franklin avenue; thence east on the south line of East Franklin avenue to the Mississippi river; thence northwesterly and northerly along the westerly bank of the Mississippi river to the place of be- ginning. Also commencing at a point where the east bank of the Mississippi river intersects the north line of Thirteenth avenue north- east; thence east along the north line of Thirteenth avenue northeast to the east line of Second street northeast; thence south along the east line of Second street northeast to the north line of Broadway street northeast; thence east on the north line of Broadway street northeast to the west line of Central avenue northeast; thence north along the west line of Central avenue northeast to the north line of Twenty-fifth avenue northeast; thence east on the north line of Twen- ty-fifth avenue northeast to the east line of Central avenue northeast; thence south on the east line of Central avenue northeast to the north line of Eighth street southeast; thence southeasterly on the northerly line of Eighth street southeast to the east line of Fifteenth avenue southeast; thence southwesterly on the east line of Fifteenth avenue southeast to the northerly line of Fourth street southeast; thence. southeasterly on the northerly line of Fourth street southeast to the east line of Oak street southeast; thence south on the east line of Oak street southeast to the northerly line of University avenue southeast;. thence southeasterly on the northerly line of University avenue south- east to the City Limits; thence south on the City Limits to the south- erly line of University avenue southeast; thence northwesterly on the southerly line of University avenue southeast to the east line of Oak street southeast; thence south on the east line of Oak street south- east to the northerly line of East River Parkway; thence southeasterly on the northerly line of the East River Parkway to the southerly line of Sharon avenue; thence southwesterly on the southerly line of Sharon avenue to the Mississippi river; thence northwesterly and northerly along the east bank of the Mississippi river to the point of beginning; provided, that all electrical poles, brackets, wires and fixtures shall be removed from above the surface of the ground and the wires placed underground upon and along all the streets, avenues and alleys of the city within the new territory above described on or before the 31st day of December, A. D. 1904. (Added May 16, 1899, 25 C. P. 258, and amended Feb. 4, 1904, 30 C. P. 36.) And provided, further, that until the 31st day of December, 1904, the City Council of the City of Minneapolis may permit the erec- tion of such electrical poles, brackets, wires and fixtures within the new territory above described, subject to the right of the City Counci to cause the rernoval of such poles, brackets, wires and fixtures so permitted to be erected at any time it may order and direct the same to be removed. (Added Oct. 20, 1899, 25 C. P. 589, and amended Nov. 11, 1899, 25 C. P. 604; and Feb. 4, 1904, 30 C. P. 36.) I SEC. 5. Nothing contained in this ordinance shall be construed as prohibiting the erection of wires and the necessary poles or brackets. for their support over the Mississippi river, or upon any bridge with- in the limits before described, but no such wires, poles or brackets shall be erected or maintained without the consent of the City Council, MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 625 UNDERGROUND WIRES, ETC. and such permission may in case of necessity be revoked, and the Revocation. City Council shall be the sole judge of such necessity. buildings. SEC. 6. It shall be lawful for any person or company using or Wires on operating electric wires in any manner than by the use of poles or brackets, to carry the same up the side or front of any building with- in the limits hereinbefore described, provided that such wires or their Projection supports shall not extend over six inches into any street, alley or public place within said limits, and provided that no wires or sup- ports thereof shall cross the front of any window or opening in such Window building. into street. And provided, further, that it shall be lawful for companies constructing and operating electrical wires for telephone, telegraph and electric light purposes, where they are not able to carry their wires up the side or front of any building and properly distribute the same, to erect in the alleys of the city one pole to each block Poles in within the limits of this ordinance prescribed, the height and char- acter of said pole, and the place where it shall be erected, and the manner of its erection, to be under the direction and supervision of the City Engineer. alley, when. In no case, however, shall such pole be placed in such a way as to obstruct travel through the alley. (Added April 1, 1890, 16 C. P. 176.) Supervision of engineer. Not to travel. obstruct SEC. 7. There is hereby granted to all persons and companies using, operating or leasing electrical wires or conduits the right to use a space on each side of every roadway within the limits above de- scribed, six feet wide, and not to exceed four feet deep below the grade of the street; the limit of which space shall begin six inches from the gutter line, or from where the gutter would be, if one were placed, together with a space of equal width and depth necessary to make a continuous line across any streets intersected by such space; provided, that no system of underground wires or conduits shall in any way interfere with any city improvements-such rights to be subject to the following conditions and restrictions, to-wit: ment of All companies laying wires or conduits under the provisions of Commence- this ordinance shall begin such work at a time fixed by the City work. Council, and shall prosecute the same as fast as ordered by said council Prosecuting and no faster. same. Space in roadway. Not to inter- city im- with provements. Restrictions. to assume All persons and companies accepting this ordinance and operat- Companies ing under it, assume all liability for any and all accidents, injuries all liabilities. and damages that may be caused to any person or property by put- ting in such underground wires, conduits or cables, or by the use of the same, and shall at all times save the City of Minneapolis harm- Indemnity less therefrom, and from all damages growing out thereof, and on ten (10) days' notice from the city shall appear and defend all suits Suits.com- against said city growing out of any such accident, injury or damage. defend. (As amended May 13, 1889, 15 C. P. 227.) of city. panies to Persons making application for space for wires or conduits shall present their plans and specifications, together with the system pro- posed to be used by them, to the City Council, and when such system, plans and specifications have been approved by the City Council, shall file with the City Engineer a plan of their proposed route, and deposit Applications Plans, etc., for space. Approved by Council. be fled. Plan to 626 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Deposit for costs. Permit. Disputes, how decided. Applications for space. Filing. SEC. 8. Parties desiring to avail themselves of the conditions of this ordinance shall file their application with the City Engineer, who shall receive such application and immediately write thereon the date and hour at which such application was filed, and all such applications. shall be considered in the order of their seniority, provided a plan of the streets required by them shall be filed in his office within 30 days from the dates of such application. No person, persons, company or corporation furnishing or in- tending to furnish to any person, company, corporation or to the mission from public within the City of Minneapolis, electricity for light, heat, power Use of streets prohibited until per- council is obtained. or any other purpose, shall be allowed to use any of the public streets, alleys or public places of the City of Minneapolis, or to construct, maintain or operate therein, thereon, across or thereunder, any poles, conduits, tunnels, cables or wires for such purpose, or be granted any permit therefor, or be permitted to avail himself, itself or them- selves of any of the privileges or conditions of this ordinance, until it or they shall have first applied for and been granted permission by the City Council to conduct and carry on such business for such length of time and under such terms, conditions, restrictions and pro- visions as the council shall designate and prescribe. (As amended. Nov. 29, 1902, 28 C. P. 576.) SEC. 9. All excavations for the purpose of placing wires or con- duits under the streets shall be made under the supervision of the City Engineer, or of some competent person authorized by him, and such person shall prepare and keep a plat showing the location of all wires and conduits, which plat shall at all reasonable times be open for the inspection of the public, and no person shall be allowed to open any trench or uncover any wires, cables or conduits laid under this ordinance without the direct supervision of the person authorized to superintend such work. ' When to be considered. Street plan. Excavations. Supervision of engineer. Plat of loca- tion of wires, etc. Opening, trenches, etc. City engi- neer to designate space. No other space to be used. No interfer- ence with other wires, etc. Repairs and changes. UNDERGROUND WIRES, ETC. with him a sufficient sum to defray the cost of repaving that portion of the street used by them, in case such paving is required. (As amended Nov. 5, 1888, 14 C. P. 416.) The City Engineer shall then issue a permit for such applicant granting the right to enter upon such streets as may be necessary for their use, and any question regarding the amount of space to be allowed to any person or company, or the location of their wires or conduits, shall in case of any disagreement be decided by a special committee, consisting of the chairman of the committee on police, fire department and roads and bridges. SEC. 10. Before the granting of any permit to lay wires, cables. or conduits, it shall be the duty of the City Engineer to designate that portion of the space allowed for such purpose that each applicant may be permitted to use and such applicant shall be required to use that portion and no other, and in the repair, addition or change of any un- derground wires, cables or conduits, no person or company shall be permitted to interfere with the wires, cables or conduits of any other person or company, except so far as shall be necessary to make such repairs, additions or changes, and all such repairs, additions or changes shall be made under the supervision of the person authorized to at- tend to the same, and the City Engineer shall be notified before work thereon is commenced. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 627 UNDERGROUND WIRES, ETC. Connection with street SEC. II. Permission is hereby granted to any person or com- pany controlling underground wires, cables or conduits, to connect side lines. the same with the side line of the street by using such space under the street and sidewalk from the space heretofore granted, as may be necessary (provided that the consent of the abutting owners is ob- Consent of tained), and the city not held liable for any claim for damages or tres- pass thereby. owner. SEC. 12. Permission is hereby granted to any electric light com- pany operating electric lights over any streets where supports are neces- sary, to maintain poles for that purpose, provided that no more than two poles shall be used for each light, and wires may be strung be- tween such poles to such an extent as may be necessary for their main- tenance and use and no more. City not liable. Poles for street lights. Number. Wires. SEC. 13. In case any person or company using or operating, or intending to use or operate any underground wires, cables or conduits under this ordinance desire to lay such wires, cables or conduits out- side of the limits hereinbefore mentioned, privilege to lay the same is hereby granted under the conditions and restrictions of this ordinance, but no person or company shall be entitled to more than the one- eighth of the entire space allowed by this ordinance, cxcept in case of necessity, the Council shall have power to increase the space to be al- lowed to any one person or company. SEC. 14. All persons or companies owning or operating under- Telegraph ground wires, cables or conduits under the provisions of this ordi- patrolmen, nance, may designate such of their employes as they may desire to be telegraph patrolmen. Such employes shall have authority to enter, Authority. with the consent of the owner, agent or occupant of any building, area way, or other private place, for the purpose of placing, extending or repairing any wires, cables, conduits, or other fixtures pertaining to the underground electric service, and such persons shall, when in the discharge of their duty, wear in a conspicuous place a badge on Badge. which shall be printed or engraved the words, Minneapolis Telegraph Patrol, with the name of the person or company by whom employed, and no person except those thus designated shall wear such badge or Unauthorized seek to enter any private place under pretense of being employed on such service and no authorized telegraph patrolman shall in any way alter, remove or interfere with the wires, cables, conduits or fixtures of any person or company other than that in whose employ he may be, without proper authority from the owners or agents thereof. ( Wires. conduits cables and outside of limits. Amount of be used. to use of badge, etc. No alteration of wires, or removal etc., without authority from owner. repairs. SEC. 15. Nothing in this ordinance shall be construed as prohib- Temporary iting necessary repairs to any telegraph poles or wires now in use with- in the limits hereinbefore mentioned. SEC. 16. Whoever violates any provision of section two (2) of Penalty. this ordinance shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars, nor more than one hundred dol- lars, for each offense; and that the maintaining and operating of each Separate pole or device for supporting electrical wires as in said section pro- vided, for one day shall constitute a separate and distinct offense, and be punished as such as herein provided. Whoever violates any provision of this ordinance other than said section two (2) shall be Further punished by a fine of not less than ten dollars, nor more than one penalty. offenses. 528 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. B To take effect. Expiration of franchise. Offer to provide a central market. Conditions. Submit plans. Location of market. Bond. Approval by council. Market house. Architectural design, etc. CENTRAL MARKET. hundred dollars for each offense. (As amended Jan. 22, 1890, 16 C. P. 42.) SEC. 17. This ordinance shall take effect and be in force from and after its publication, but this section shall not be construed as affecting the provisions of sections 2, 3 and 4. SECTION I. If Thomas B. Walker, Samuel C. Gale and Geo. E. Maxwell, their associates, heirs or assigns shall submit plans for a Central Market House and Market Place to this Council for their approval, on or before sixty days from the passage of this ordinance, to be located upon block one (1), Camp & Walker's Addition to Min- neapolis, the same being a portion of Hoag & Bell's Addition, and also at the same time shall execute to said city a bond, to be approved by the City Council, in the sum of $25,000.00, securing to the said city the faithful performance on the part of the grantees of said market fran- chise, of all the conditions and acts specified in this ordinance, to bet by them kept and performed, and shall build such market house, which. with the accommodations for market place purposes shall cover the full block of land as herein designated, and shall provide room on said Provision for block, neatly and suitably paved for 300 gardeners' wagons, and suitable sheds for covering the same; the said Market building to be of architectural design, substantially built of stone and brick, the foundation to be entirely of stone, and to be suitably and acceptably arranged for market purposes, warmed by steam, properly ventilated, supplied with water and sewerage, and all modern sanitary necessaries and conveniences, and to be lighted by gas or electricity, said build- ing to be erected in conformity with the plans therefor, to be approved gardeners' wagons. CENTRAL MARKET. An Ordinance to Amend an Ordinance Entitled "An Ordinance to Re-establish, Relocate and Rebuild a Central Market in the City of Minneapolis, and to Make Rules and Regulations for the Government of the Same," Passed February 18th, A. D. 1891. (Passed July 10, 1891. Approved July 17, 1891. Published July 20, 1891, in the Minneapolis Times, 17 C. P. 327. As amended May 28, 1895, 21 C. P. 268.) Whereas, The franchise of the present City Market, located at the corner of First street and Hennepin avenue, in this city, will ex- pire by limitation during the present season, and Whereas, Messrs. Thomas B. Walker, Samuel C. Gale and Geo. E. Maxwell have, by their communication to this Council, of June 12th, 1891, offered to provide a Central Market upon the premises herein- after fully described, and have the same ready for use on or before July 1st, 1892. Now, therefore, the City Council of the City of Minneapolis do Ordain as Follows: MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 629 CENTRAL MARKET. Market." by the City Council, and shall have said premises ready for use and Completed, occupancy as such Public Market and Market Place by July 1st, 1892, then such buildings and premises shall be, and are hereby declared to be a "Public Market for the City of Minneapolis" for the term of twenty- APublic five years from said July 1st, 1892, meaning and intending by the use Term. of the term "Public Market" to bring the above premises within that provision of our state tax laws which exempt public markets from Taxes. taxation. But this shall not be construed to exempt said property Special as- from any special assessment for local improvements; and so much of sessments, the streets, adjacent thereto, as is necessary to allow one line of teams and wagons to back against the sidewalks along said building, and be- streets. yond the same, if further room be needed the owners of the abutting Consent of property first consenting thereto, are hereby designated and estab- owners, etc. lished as a public market place of the City of Minneapolis, and subject to all the regulations and provisions of this ordinance. etc. Adjacent Provided, however, that the streets adjoining the block of land purchased and occupied as herein provided for market purposes, shall not be used by said Walker, Gale and Maxwell, their associates, heirs or assigns for market purposes, until the space for 300 wagons, as herein provided, shall be entirely taken, at which time application may be made to the City Council for permission to occupy said streets for Permission market purposes, and the same shall not be occupied until such per- mission shall have been obtained. of council. Provided, further, that whenever said premises purchased and oc- cupied hereunder shall cease to be used and occupied as a public market in the sale of farm and garden products under this ordinance then this ordinance shall be null and void, at the option, however, of the City Council of the City of Minneapolis, to be so declared by a ma- jority vote of the members of said Council. Streets not when. to be used, annul Council may ordinance, when. And, in consideration of these premises, it is hereby ordained that the city shall not establish, and said City of Minneapolis hereby cove- nants and agrees not to establish any other market or market places within the present limits of the Fourth ward of the City of Minneapolis for the term of twenty-five years from July 1st, 1892. And the said Thomas B. Walker, Samuel C. Gale and Geo. E. Maxwell, for them- selves, their associates, if any, their heirs, representatives or assigns, upon and by the acceptance of the terms of this ordinance, covenant and agree to erect, maintain and conduct such premises as a public Agreement market and public market place for the City of Minneapolis for the market, pay term of twenty-five years from July 1st, 1892, and to pay the market expenses, master's salary and all expenses of building, conducting and maintain- ing said market, of every kind and nature; and shall accept whatever rents, fees and charges there may be collected from the premises and Rents, fees under these ordinances, and save the City of Minneapolis harmless from all costs, expenses or damages arising from or pertaining to the of city. building or management of said market house or place. etc. and charges. Indemnity No other market to be established in 4th ward. How long. purchase. Provided, That at the end of ten years, and each five years there- Option to after, the City of Minneapolis, or its successors in authority, shall have the option of purchasing the premises at their value, and if they elect to purchase and cannot agree with the owners upon the price Disagree- to be paid, then the price shall be determined by three arbitrators, one ment as tc price. * 630 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Arbitrators, how chosen. Duties. to be chosen by the owners of the market, one by the City Council, and the third by the two thus chosen, and the majority of the three shall fix and determine the price and terms upon which the city may purchase. the premises; and it is hereby made the duty of said Thomas B. Walk- er, Samuel C. Gale and Geo. E. Maxwell, their heirs, representatives or assigns, to notify the City Council, or its successors in authority, in writing, at least six months before the expiration of said ten years, of the terms of this ordinance as to the option of said city to so pur- chase, and any neglect of said Walker, Gale and Maxwell, their heirs, representatives or assigns, to so notify said city shall, extend the time within which said city may purchase until six months after such notice has been given; but this shall not be construed to prevent said city from exercising its option to purchase without said notice. Provided, option, when. further, that the said city shall exercise and signify to said Walker, Exercise of Gale and Maxwell, their heirs, representatives or assigns, its option to so purchase within six months after receiving such notice; and if said city shall not within such time so signify and exercise its said option, such option shall be deemed to have been waived and forfeited by said city. Notice to council. Extension of time. Waiver of option. Market master. Appoint- ment. Duties. To be ap- pointed policeman. Power of owner to discharge, etc. Stalls, etc., terms of Occupancy. Record of leased stalls. Transfers, notice of. Stall limit. Market hours. CENTRAL MARKET. Holidays. Closing of market. SEC. 2. The City Council may, after this ordinance goes into effect, and said market building is erected, appoint such proper person as shall be nominated to it by said owners of said market house, or their assigns, a market master, who shall have the charge and super- vision of said market house and place, and be appointed and commis- sioned by the Mayor as a policeman, but not receive any compensation from the city, and not required to do any duty as policeman except in connection with his duty as market master; and that the owners of said market house shall have the power to discharge said market master, and nominate any other person to the Council, and it may appoint said market master as aforesaid. the market master, who shall, upon the receipt of the sum of five dol- Transfer fee. lars, transfer the same as desired; and no stall shall be used or occu- pied by any one except the lessee, until after the payment to the market master of the sum of five dollars and the transfer of the lease. SEC. 3. No person shall use or occupy or cause to be used or occupied any stall, stand, or store or place in the public market as established by this ordinance, or use or occupy any stand, bench, stall or allotted space in or about the market place of said public market, unless such person shall have paid the market master such sum or sums of money as this ordinance may authorize as rent therefor. SEC. 4. It shall be the duty of the market master to keep a record of the number of stalls so leased, and the names of the lessees; and it shall be the duty of all persons transferring the leases of stalls to notify SEC. 5. No person shall hold more than two stalls, stands or stores at the same time in said market house. SEC. 6. The market and market place shall be opened and closed at such hours as the market master and the market committee of the City Council shall decide will best serve the public, but it shall be closed on all holidays at II o'clock a. m. for the day. SEC. 7. Every occupant of any stall, bench, stand or space in said market house or place, shall, within half an hour after the closing of • MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 631 CENTRAL MARKET. the market, cause his provisions and vehicle, if he have one, to be re- moved from the market place, and his stall, stand, bench, or space, to be thoroughly cleaned, and all animal or vegetable rubbish to be General removed from the market place; and each butcher shall cause his tables, meat block, and fixtures to be thoroughly scraped and cleaned. cleaning. Butchers. SEC. 8. Every person occupying a stall in said market house shall procure and place in such stall a suitable cask or tub in which he shall deposit or cause to be deposited the offals of all slaughtered animals Offal, etc. brought or caused to be brought by him therein; and such person shall, within a half hour after the closing of the market hour, remove Removal or cause to be removed therefrom all such offals as aforesaid. of same. SEC. 10. All provisions or vegetables offered for sale in said market house, or upon said market place, shall be placed in such man- ner as the market master may direct; and if any such provisions or vegetables shall be deemed by said market master to be unwholesome or unfit to be consumed or used, he shall order the owners thereof to remove the same immediately from the public market; and if such owner shall neglect or refuse to remove such provisions or vegetables as aforesaid, it shall be the duty of the market master to remove the same without delay. clean. SEC. 9. The market master shall cause the market house and Market place in which the market has been held, to be thoroughly cleaned on the afternoon of each and every day, and water to the extent of one two-inch pipe shall be furnished to said market building free of Water free. charge. SEC. II. No person shall ride, drive, lead or place any horse or other animal into or upon any market house, place or footing pertain- ing thereto, or kill or slaughter any animal in market or deposit any animal or vegetable offal, filth, meat, dead animal, fowl or fish or noisome substance in or about the market house or place. Removal of vehicles, etc. SEC. 13. Whenever any person who is not the renter of a stall, or licensed to occupy a stand, bench or space, shall have sold or dis- posed of the commodities brought by him to market for sale, he shall forthwith remove his vehicle from the market place: some provi- Unwhole- sions and vegetables. Removal Market from market. master may remove. Animals in house. market SEC. 12. All vehicles in which articles are brought to market for Placing of sale, shall be placed in such position as the market master shall direct in said market place. Noisome substances. vehicles, Removal of when. SEC. 14. No person shall expose or offer for sale any article in No Sunday the market place on Sunday. SEC. 15. No stalls in said market shall be rented or used for the Liquors purpose of selling or giving away any wines or spiritous, intoxicating or fermented liquors. prohibited. SEC. 16. No person not having lawful business in the market Loungers. shall idly sit, lounge, walk or lie in or about the market place; nor shall the smoking of tobacco be allowed in said market house during market No smoking. hours. SEC. 17., No person in a state of intoxication shall go upon said Intoxication. market place or in said market during market hours; nor shall any person bring or suffer to come with him, into or upon said market place, during market hours, any unruly or dangerous animal. Dangerous animals. 632 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Hawking of vegetables, etc., pro- hibited, when. No sales of vegetables or fruits on streets allowed, when. Fresh fish. Hawking prohibited. Sales from carts. Hawking of meats, etc., prohibited. Selling from carts. Meats, how sold. Purchases to be removed. Horses, cows, hogs, etc. Calves, sheep. Confinement. False weights and measures. Seizure by market masters, etc. Market scales. Weighing and measuring purchases. Market master may remove violators. Arrange- ment of vehicles. CENTRAL MARKET. SEC. 18. No person shall hawk, peddle or vend vegetables or small fruit at retail in the City of Minneapolis, upon or along the public streets or highways, from teams, wagons or carts, prior to 10 o'clock a. m., except at some public market place in said city. Provided, that between the 15th day of October and the 15th day of April, no vegetables or fruit shall be so sold at retail upon or along the public streets of said city, but only on or at some public market place or market. SEC. 19. That a suitable portion of said market be set apart for the exclusive sale at retail of fresh fish and shell fish in said market; and no person shall hawk, peddle or sell fresh fish and shell fish in the streets of the City of Minneapolis at retail, except at some market place; but this shall not be construed as preventing persons having stalls in the market or shops in the city from selling from carts fresh fish or shell fish in the ordinary manner. SEC. 20. No person shall hawk, peddle or vend meats, game or poultry in the streets of the City of Minneapolis, except at some mar- ket place; but this shall not be construed as preventing butchers hav- ing stalls in the market or shops in the city from selling from carts meat, game and poultry in the ordinary manner; and beef shall not be sold at said market place in less quantities than the quarter of a carcass, and dressed hogs only by the whole carcass, except in the stalls of said market house. Anything bought by anyone in said mar- ket place shall be immediately removed to their place of business or residence, that the market place may be kept clear of obstructions. SEC. 21. No person shall expose or offer for sale in said market place any horse, cow, ox, mule, jack or live hog unless especially designated and permitted by an ordinance to that effect. SEC. 22. No person shall sell or expose for sale in said market house any live calves or sheep, nor shall any butcher or other person tether or tie or otherwise confine any calf or sheep or poultry (except in coops), and suffer them to remain in that condition in said market house. SEC. 23. The market master shall seize all articles which are ex- posed or offered for sale in the market that are of less weight than represented by the seller, and all articles attempted to be sold by false or incorrect weights or measures, and shall sell the same at public auction to the highest bidder, and pay the proceeds into the City Treasury. SEC. 24. The market master shall keep at some convenient place the necessary scales or other necessary implements for weighing and measuring, duly tried and tested, with which he shall, without charge, whenever requested by parties purchasing, weigh and measure any articles presented for that purpose. SEC. 25. The market master shall have the authority to order and remove any person from the market who is guilty therein of any violation of this ordinance, or shall fail to obey any legal orders of that officer. SEC. 26. All wagons and other vehicles from which articles shall be offered for sale by persons attending the market, and the horses and empty vehicles of persons having stalls or stands in the market shall be MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 633 CENTRAL MARKET. placed only in those streets and parts of streets which may be appro- priated therefor, and shall be arranged under the direction of the market master, so that no animal shall stand within five feet of any street crossing. Standing teams, etc., when. SEC. 27. It shall not be lawful for any person to leave any wagon or other vehicle or horse, or suffer the same to stand or remain within unlawful, any of the market spaces, except such horses or vehicles as are by the direction of the market master stationed as aforesaid; nor shall it be lawful for any person to tie or fasten any horse or other beast to the Hitching to railing or other part of said market house, nor break, injure or deface in any way any part of said market house, or the fixtures or apparatus market belonging thereto; nor to drive any vehicle, nor ride or drive any ani- mal through or on the floor of any market house, in said city. railings, etc. Injuries to house, etc. Driving on floor. GAD feited, when. SEC. 28. If any lessee of any stall, or any person having a license Lease for- to occupy any stand, bench, or space in said market house, or place, shall be twice convicted of any violation of any ordinance in relation to markets, his lease or license shall, upon the second violation, be ad- judged to be forfeited. tions, etc. SEC. 29. No person shall put or place any box, barrel, bench Obstruc- or other article on the market place, street or sidewalk, where market is held, during market hours, except it be located under the direction. of the market master; provided, that no obstruction shall be placed on the sidewalks more than four feet from the curb line thereof. Limit, Fees and charges. etc. When stands at auction. SEC. 30. The rates of fees and charges for the rental of the standing places in the market place are hereby fixed at the following rates, to-wit: Twenty-five cents per day for standing room for wag- ons or other vehicles, for the sale of meat or fish; and ten cents per day for vehicles for the sale of vegetables or small fruits. Provided, Vegetables, that the owners of said market may contract for less rates, if they so Reduced elect. And provided, that the stall rents shall be due and collectible rates. one-quarter in advance of occupancy; and all other fees and rents payable. provided for in this ordinance, all in advance of occupancy. Provided, Sale of the market master may sell the stands in the market place at auction to the highest bidder therefor. The stands for the vegetable season shall be sold at public sale in the hall of said Market, on the second When held. Saturday in April, at 2 o'clock p. m., and the stands for the meat season on the first Saturday in November, at 2 o'clock p. m., in each year, or at such later day as may be fixed and published by notice posted in said market place for one (1) week. Provided, further, Maximum ´ that stands for the vegetable season may be sold for not more than an average price of Twenty-five Dollars ($25.00); the schedule for maxi- mum prices for all stands for the ensuing season to be submitted to and approved by the Committee on Markets of the City Council, prior to the sale of stands each year. (As amended May 28, 1895, 21 C. P. 268.) average price. Schedule of prices, by council. Meats or fish. market master. SEC. 31. It shall be the duty of the market master, under the Duties of direction of the Commissioner of Health of said city, to cause the market house to be kept neat and clean; and under the direction of the Committee on Markets, to cause wagons, teams and other vehicles to be placed in the market grounds and streets so as best to suit the convenience of the public, and of buyers and sellers; to take charge Keep market house clean. Teams and vehicles. 634 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Weights and measures. Preservation of order. Obstruc- tions, etc. Vagrants. Stands, etc. Enforce ordinance. Complaints. Seizures. Supervision of market under direction of market committee. Resistance of market master- penalty. Violation of ordinance. Penalty. Inconsistent ordinances repealed. Contract, execution of same. Failure to report plans commence work and complete market, etc., to avoid ordinance. To take effect. CENTRAL MARKET. of and safely keep the weights and measures belonging to the market house, and neither use or suffer the same to be used for any other purpose than that of weighing articles bought or sold in this market; to preserve order during market hours; to prevent and remove all ob- structions in said market, and nuisances found therein; and to re- move all vagrant and disorderly persons found loitering in and about said market house; to adjust and arrange the stands and situations for the sale of all articles not sold from wagons or rented stalls; and it shall be the specified duty of said market master to cause all the pro- visions of this and all other ordinances that may be passed relating to markets to be observed and obeyed, and to cause all violations of the same to be prosecuted before the municipal court, and to make all seizures authorized by this ordinance. SEC. 32. The market master (under the direction of the Council Committee on Markets) shall have the entire supervision over the market, and shall assign stands to all those attending market from time to time. SEC. 33. Every person who shall resist said market master in the lawful discharge of the several duties imposed upon him by this ordinance, shall be fined, upon conviction thereof, before the Municipal Court of this City in the sum of not exceeding fifty dollars. SEC. 34. Any person who shall, in any particular, violate any provision of this ordinance shall, on conviction thereof before the Municipal Court, be fined in any sum not exceeding One Hundred Dollars for every such offense, and shall be imprisoned until such fine is paid, but not exceeding ninety days. SEC. 35. All ordinances or parts of ordinances inconsistent with any of the provisions of this ordinance are hereby repealed so far as they affect the same. SEC. 36. Upon the passage and approval of the foregoing ordi- nance, the proper officers of the city are hereby directed to execute a contract with said Thomas B. Walker, Samuel C. Gale and Geo. E. Maxwell, and their associates, if any, or their assigns, in which this ordinance shall be recited as part thereof, and in which both parties. shall covenant for the faithful fulfillment of all the provisions of the foregoing ordinance, to be executed in duplicate, and each party to have a copy thereof. SEC. 37. If the plans provided for in section one (1) of this ordinance, shall not be reported to the City Council on or before sixty days from the passage of this ordinance, and the work on said prem- ises be not commenced on or before ninety days from and after its passage, and if the building and market place shall not be completed according to the provision of this ordinance, and be ready for occu- pancy on or before July first, A. D. 1892, then this ordinance and all rights and privileges provided for herein, and contemplated hereby, shall be of no force and effect. SEC. 38. This ordinance shall take effect and be in force from and after its publication. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 635 WOOD, HAY AND LIVE STOCK MARKET-JAMES F. DUFFEY. WOOD, HAY AND LIVE STOCK MARKET-JAMES F. DUFFEY. An Ordinance Establishing a Wood, Hay and Live Stock Market in the West Division of the City of Minneapolis. (Passed Feb. 27, 1903. Approved March 2, 1903. Published March 5, 1903, in The Minneapolis Tribune, 29 C. P. 88. As amend- ed June 1, 1903, 29 C. P. 260.) desirable. Whereas, It is deemed a matter of public interest and benefit that Market a suitable market for the sale of wood, hay and live stock, to be estab- lished in the West Division in the City of Minneapolis; and it is con- sidered impracticable for the city to purchase grounds for such a market for a considerable time to come; and, of James F. Duffey. Whereas, James F. Duffey has proposed that he will, from and Proposition after the 1st day of April, 1903, open, prepare and thereafter keep and maintain such market, with sufficient water thereon, and a sufficient number of sheds for live stock, and prepare and maintain for that pur- pose suitable grounds, viz: Lots Number One to Twenty-five (I to Location. 25), inclusive, in J. Dean & Company's Subdivision of Block Eleven (11), in Bassett, Moore & Case's Addition to Minneapolis, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. I Upon condition that the City of Minneapolis shall establish upon Conditions. said premises a public wood, hay and live stock market for the period Period. of ten (10) years from and after the 1st day of April, 1903. 10 years. Said premises to be prepared and kept as such market, free from all charges to the City of Minneapolis, by said James F. Duffey, his heirs, executors, administrators or assigns, and he receiving as com- pensation therefor all fees and emoluments arising therefrom during said period of ten (10) years. And upon the further condition that said city will not, during said period of ten (10) years, establish, maintain and operate any other market for the sale of wood, hay and live stock within any portion of the West Division of said city, which is within the following described boundaries, viz: The Mississippi River on the easterly side; the city limits as now existing, or as they may hereafter be extended, on the northerly side; the city limits as now existing, or as they may hereafter be extended, on the westerly side; and Nicollet and Franklin avenues on the southerly side; and, Whereas, The proposition of James F. Duffey is hereby accepted Acceptance. by the City Council of said city, Therefore, The City Council of the City of Minneapolis do ordain as follows: designated lished. SECTION I. That Lots Twelve to Twenty-one (12 to 21), in- Market clusive, in Block nine (9) of Bradford & Lewis' Addition to Minne- and estab- apolis, in the County of Hennepin, and State of Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds of said Hennepin County, be and the same hereby are es- Fees, etc. No other market to be where. established, 636 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Market master. Nomination and ap- pointment. Duties. Assistants. Removal. Vacancies. Market days. Hours. Assignment of teams, etc. Scales and measures. Weighing and measuring. Fees and charges. Certificate. Wood, when measured. Allowance shrinkage. for Fees for weighing. Vehicles. WOOD, HAY AND LIVE STOCK MARKET-JAMES F. DUFFEY. tablished and designated as a public market of said city for the sale. of wood, hay and live stock in the West Division of said city. (As amended June 1, 1903, 29 C. P. 260.) SEC. 2. The City Council shall, as soon as may be after this ordi- nance shall take effect, appoint such proper person as may be nom- inated by said James F. Duffey to be market master of said market, who shall have charge and supervision of said wood, hay and live. stock market, and superintend the same, and all weighing and measur- ing upon said market, and collect all fees charged for such weighing and measuring. And who may appoint and employ such assistance as he shall deem proper. Such market master may at any time be removed either by the owner, James F. Duffey, of said market, or by the City Council. And in case of a removal, another suitable person, nominated by the owner, James F. Duffey, of said market, shall be appointed in his stead by the City Council. SEC. 3. The said market place shall be kept open on every day, except Sunday, and the market master, or his assistant, shall be at said market for the measuring of wood, and the weighing of hay, straw and live stock, at all times between the hours of seven o'clock in the morning and half past six o'clock in the afternoon. And he shall assign to every vehicle and team and all live stock the place where it or they shall stand while it or they shall remain upon said market, and may change the same in his discretion, giving each a reasonable space. SEC. 4. The persons in charge of said market shall keep thereon all necessary instruments for measuring wood; and also at some suit- able place thereon, have established and keep prepared scales for weighing hay, straw, live stock and bulky articles, to be of, at least, sufficient capacity to weigh six tons. And the market master, or his assistant, shall, upon the request of any person, and the payment of his fees therefor, measure or weigh any wood, hay, straw, live stock, or any other article brought to the said market to be weighed or measured. SEC. 5. The rate of fees and charges for the measuring of wood shall be ten cents per load, and every person taking a load of wood upon said market shall at once have the same measured by the market master, or his assistant, and receive from him a certificate written in ink, of the amount of wood upon said load, dated on that day, and pay to the market master, or his assistant, the fee therefor. And said market master, or his assistant, shall be entitled to measure such wood and demand his fees therefor, whether requested to do so or not. In measuring wood, the market master, or his assistant, shall al- low for shrinkage where the wood is crooked or loosely packed, so as to make all loads equal to straight wood packed tight. SEC. 6. The rates and fees for weighing hay, straw, cattle, live stock, or other articles required to be weighed, shall be ten cents for each load of hay, straw, or each head of cattle or other article. And five cents for weighing the wagon, sleigh or vehicle, after it shall be unloaded. ? MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 637 WOOD, HAY AND LIVE STOCK MARKET-JAMES F. DUFFEY. Also ten cents for weighing animals. Every person taking a load of hay, straw, or head of live stock upon said market shall at once have the same weighed by the market master, or his assistant, and re- ceive from him a certificate of the gross weight of such load, dated on Certificate. that day, and pay to the market master, or his assistant, the fee therefor. No certificate of the weight of hay, or straw, shall be given by When issued. the market master, or his assistant, purporting to contain a statement of the weight of the wagon, sleigh or vehicle, or the weight of any load of hay or straw, until after the hay or straw shall actually have been unloaded and the vehicle and all tackle again weighed. All certificates of weights and measures shall be signed by the How signed. market master, or the assistant, measuring or weighing the load or article. All certificates shall either be printed or written in ink. To be print- ed, etc. stands. The rates and fees for standing on said market, and for ex- Fees for posure for the sale of hay, straw, wood, live stock or other articles, shall be ten cents for each load of hay, straw, wood, animal or article. days. And if such hay, straw, wood, animal or other article, shall re- Additional main continuously upon said market for a longer period than one day, five cents per day for each said load of hay, straw, wood, animal or other article, for each said additional day after the first day. And for the compensation of roofed stalls ten cents per day addi- Roofed stalls. tional for each team and five cents per day for each horse or head of cattle. Provided that nothing in this ordinance contained shall be con- strued so as to require any millwood, slab or edgings, or any hay or straw put up in bales to be taken to said wood and hay market be- fore sale. Animals. weighed. When to be at market. SEC. 7. No person shall in the West Division of the City of Min- Must stand neapolis keep standing for sale upon any street, avenue or alley, or on any public ground or at any other place than the said wood and hay market, or some other wood and hay market established or hereafter to be established any load of hay, wood, straw or any head of live stock. It shall also be the duty of said market master, or his assistant, to preserve order in said market, and prevent and remove all disturb ances and nuisances found therein; also to remove therefrom all va- grants and disorderly persons. SEC. 8. It shall be the duty of the market master to keep the said wood and hay market in a neat, cleanly and sanitary condition; and to conform to all the directions of the City Council or the health officers or Mayor of said city relative to the cleanliness of said mar- ket; and to see that all scales and measures used by the said market are true and in accordance with the standard of weights and measures for the State of Minnesota and subject to the jurisdiction of the Sealer of Weights and Measures of the City of Minneapolis. Placing And that all vehicles standing upon said market, are so placed as vehicles. best to suit the convenience of the public. And cause all ordinances of said citv to be observed therein, and they shall have the same authority as police officers of the City of etc., ex- Millwood, cepted. master, Market duties of. Keep mar- ket clean. and Keep scales measures true, etc. Preserve order, etc. Remove vagrants, nuisances, etc. Observance of ordi- nances. 638 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Police powers. Arrest of offenders. Resisting officer. Nuisances. Failure to obey orders, etc. Penalty. Fees, ex- penses, etc. Extent of market. Extension of same. Conflicting ordinances repealed. City may establish certain other markets. Where not to be established. Ordinance assignable only with consent of council. To take effect. WOOD, HAY AND LIVE STOCK MARKET-JAMES F. DUFFEY. Minneapolis to arrest and cause to be prosecuted, any person who shall within said market do any unlawful act, disturbance or breach of the peace, or violate any ordinance of said city; Or dispute any lawful order of said market master, or his assist- ant, or resist him in the discharge of the duties imposed upon him by this ordinance. SEC. 9. No person shall commit any nuisance within the said. market; Nor shall any person therein resist the market master, or his as- sistant, or refuse to obey his lawful directions, or remain in said mar- ket after being ordered by said market master, or his assistant, to go away from said market. Any person who shall violate any provision of this ordinance, shall, upon conviction thereof, be punished by a fine not exceeding Twenty-five ($25.00) Dollars, and the costs of prosecution, and im- prisonment until such fine and costs are paid, not exceeding thirty (30) days. SEC. IO. All fees received in said market, or by the market mas- ter, for the duties imposed upon him by this ordinance, shall belong to the said James F. Duffey, and his heirs owning or running the said market, they paying all expenses and salaries connected with the man- agement thereof. SEC. II. Such proportion only of said land above described may be fitted and prepared for use as a wood, hay and live stock market, for the present, as the City Council shall deem sufficient; But such further proportion of said land shall afterwards be pre- pared and fitted for such use, whenever said City Council shall direct. SEC. 12. All ordinances or parts of ordinances conflicting with this ordinance are hereby repealed. The said City of Minneapolis reserves the right to itself of es- tablishing another wood and hay market for the East Division, and the Southeast portion of said city, at such time as it may deem best. But no such market shall be established or located in the West Division of said city north of Franklin Avenue, or west of Nicollet avenue in said city. SEC. 13. This ordinance shall not be assignable, except by and with the consent of the City Council of said city by motion or reso- lution duly adopted by a vote of a majority of the members of the Council voting therefor. SEC. 14. This ordinance shall take effect and be in force from and after the date of its publication. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 639 CANAL--ST. ANTHONY FALLS WATER POWER CO. CANAL-ST. ANTHONY FALLS WATER POWER CO. An Ordinance Granting to the Saint Anthony Falls Water Power Company the Right to Construct, Maintain and Use a Canal in Main Street in the City of Minneapolis. (Passed Jan. 19, 1881. Approved Jan. 20, 1881. P. 203 Ordi- nance Records, 6 C. P. 194. As amended March 17, 1896, 22 C. P. 121.) The City Council of the City of Minneapolis do ordain as follows: struct canal. In Main St. Location. SECTION 1. There is hereby granted to the Saint Anthony Falls May con- Water Power Company the right to construct a canal in Main street in said city and under the roadway thereof, extending along said Main street from the northerly line of Second avenue southeast to the south- erly line of Eighth avenue southeast, together with the right to con- Connections. nect said canal with mills or manufacturing establishments on said street by branches from said canal, and to maintain, use and operate Maintenance the same in such manner as may be necessary for the development and use of the water power of said company; and there is also granted the right to construct and maintain such tail races or conduits across Tail races. said street and under the roadway thereof as may be necessary to carry off the water from such mills or manufacturing establishments. Such where made, conduits or tail-races may be excavated and maintained under the limestone ledge. and operation. SEC. 2. Nothing in this ordinance shall be construed as giving or assuming to give any right to interfere with the rights or property of any individual or any warranty of the rights herein granted, and this grant is made subject to all private rights, and upon the express condition that said City of Minneapolis is not to be subjected to any claim for damages on account of any matter herein contained. SEC. 3. All construction and work to be done pursuant to this ordinance shall be done subject to the direction of the City Engineer, and in such manner as not to interfere with the public use of said street or the rights of said city to any greater extent than may be absolutely necessary in the reasonable prosecution of said work. No right to interfere. ranty. No war- Private rights. City not liable. neer to City engi- direct con- struction. How to be done. MA SEC. 4. The said company shall construct its canal or water Canal— course above said limestone ledge or in the same, and it shall construct where con- and maintain a good and substantial wall on the sides of the same, which walls and the bottom of said canal shall be properly cemented Canal walls. and maintained in such manner as to prevent the escape of water from such canal. Said canal shall not exceed seventy feet in width. Such canal shall be covered by an arch of masonry of such material as to be permanent and such strength as to support the travel and all use arch. of the roadway above said canal. Said water power company shall Roadway construct said covering at such height as to leave the roadway of said street at the grade established by said city. Width of canal. Cover and at grade. Said canal shall in all respects be constructed and maintained un- Inspection. der the direction of the City Engineer of said city, subject to inspec- tion and precaution against leakage or breaking away. After the con- 640 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Water shut off, when. Precautions against damage. City may shut off, when. Indemnity of city. Temporary bridge. Temporary roadway. Same. Guards and lights. Suits against city. City to make by the use of said street shall be impaired or rendered unsafe in the 9 when. Expense of company. Obstruction of street. judgment of the City Engineer, it shall be the right of said engineer or other proper city officer to repair the same at the expense of said water power company. SEC. 6. Said company is authorized to enter upon and obstruct said street during the construction of said canal, doing their work in such manner as to obstruct travel as little as may be, and as speedily as can be reasonably done; provided, however, that during all the time of the construction of said canal, there shall be kept a good and sufficient bridge or crossway at Third avenue southeast, to enable teams to cross to Hennepin Island; and that from and after the 1st day of April, A. D., 1881, until the completion of said work, there shall be kept an un- obstructed roadway on said street, twenty feet in width; and from the commencement of said work until said 1st day of April said roadway shall be maintained unobstructed to the width of twelve feet; and dur- ing the progress of said work said company shall maintain all necessary guards and lights to prevent accidents in passing upon said street. Notice to company. Company to indemnify city, and defend suits. Failure of company. Default judgments. Neglect of company. CANAL-ST. ANTHONY FALLS WATER POWER CO. struction of said canal said company shall, whenever required by the City Engineer, shut off the water therefrom to enable said engineer to inspect the same, to determine whether any damage has ensued or may be likely to ensue from the flow of water therein, and in case said en- gineer shall, upon such inspection, or otherwise, deem it necessary to take any further precaution against damage from the flow of water therein, said company shall comply with the directions of such en- gineer before letting the water into said canal; and in case of the neglect or refusal of said company to comply with such directions, it shall be the right of the officers of said city to enter upon and control said canal and shut off the water from flowing therein until such directions of the City Engineer are complied with. SEC. 5. Said water power company shall at all times indemnify and save said city harmless from all loss or damage sustained by reason of the insufficiency of the covering of said canal or any other insuffi- ciencies in the construction or maintenance of said canal, conduits or tail-races, and in case said company shall fail to maintain suitable cov- ering upon said canal, or allow any other insufficiency to exist in the construction or maintenance of said canal, conduits or tailraces, where- SEC. 7. In case of suit against said city for damages or injury caused by the insufficiency of said street, occasioned by the failure on the part of the company to comply with the requirements of this ordinance, or any other fault or neglect of said company the said city shall, through its Mayor, Clerk or attorney, and within reasonable time, notify the said company of the commencement of such action, and the said company shall fully indemnify said city against the claims sued on and against any judgment which may be recovered thereon, and shall at its own expense defend such action, and save the city harmless therein. And if said company shall fail to do this the said city may suffer judgment by default and said company shall pay such judgment without question as between it and said city. SEC. 8. In case said Water Power Company shall, upon request of said City Engineer to inspect said canal refuse to permit such in- spection or shall neglect or refuse to take such precautions and make MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 641 CANAL-ST. ANTHONY FALLS WATER POWER CO. Council may lights. such repairs as shall be required by said City Engineer as provided by section four hereof or shall for the space of six days after notice. from any proper officer of said city neglect or refuse to make the in- demnities provided for in sections five, six and seven hereof, then the City Council shall have and does hereby expressly reserve the right to terminate all the rights and privileges herein granted, and may re- sume full control and possession of all parts of said street occupied granted. by such work the same as if this ordinance had not been enacted. Said company shall commence operations on said work on or before March 1, 1881, and complete the main line of said canal within two years from the approval hereof, or else the grants herein shall cease and be determined, but said company may make connections from mills or manufacturing establishments or railways therefrom at any time they may become necessary. SEC. 9. Commence- ment of work. Canal, when completed. Connections. SEC. 10. Said company shall, before commencing operations pur- Acceptance suant to this ordinance, file with the City Clerk an agreement in writ- ing, duly executed by the proper officers, accepting the conditions of this ordinance and engaging to abide by and perform the same. the same. SEC. 12. The City of Minneapolis shall have and is hereby given the right to discharge sewage from the sewer tunnel of the City of Minneapolis in Main street southeast into the tunnel heretofore con- structed by the St. Anthony Falls Water Power Company in said Main street southeast, and from there across private grounds to the Mis- sissipi river, under and pursuant to the provisions of said ordinance hereby amended, such sewage to be discharged into said tunnel, and through the same and its connection with the Mississippi river to be discharged into said river. SEC. II. The City Council reserves the right to amend the pro- Council may visions of this ordinance in any manner that will not destroy the amend. efficiency of the water power, or impede the operation of mills using city may discharge sewage into tunnel. Said St. Anthony Falls Water Power Company shall proceed Company to forthwith to line said tunnel, heretofore constructed by them, with stone, and in consideration of the foregoing right and privilege of using said tunnel as a sewer outlet, the City of Minneapolis shall pay to the said Water Power Company towards the cost of lining said tunnel the sum of one thousand dollars ($1,000.00), and thereafter the cost of keeping said tunnel in repair shall be borne equally by said city and Repairs. said Water Power Company, or its successors and assigns. of ordinance. Filing same. SEC. 13. The said St. Anthony Falls Water Power Company Acceptance shall, within thirty (30) days from the passage of this ordinance, file with the City Clerk of the City of Minneapolis, a written acceptance of the conditions hereof, and thereupon this ordinance shall operate as a contract between the said Water Power Company, its successors and assigns, and the City of Minneapolis. (Secs. 12 and 13 added. March 17, 1896, 22 C. P. 121.) SEC. 14. This ordinance shall take effect and be in force from To take and after its publication. (As amended March 17, 1896, 22 C. P. 122.) effect. line tunnel with stone. City to pay cost in part. Contract. 642 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Right to lay water mains in streets in Washburn Park. Purposes. Terms. Pumping station, etc. City may connect same with city mains. Mains to be- come city property. Rights to cease, when. Pumping plant, etc., to be acquired by city. Price, how determined. Mains. how laid. Size, etc. Plat, filing, etc. WATER MAINS IN WASHBURN PARK-WM. D. WASHBURN. WATER MAINS IN WASHBURN PARK-WM. D. WASH- BURN. An Ordinance Granting to Wm. D. Washburn the Right to Lay Water Mains and Pipes in the Streets, Avenues and Alleys Within Washburn Park, an Addition in the City of Minne- apolis. (Passed Sept. I, 1893. Approved Sept. 5, 1893. Published Sept. 8, 1893, in The Minneapolis Times, 19 C. P. 586.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That Wm. D. Washburn, his heirs and assigns, are hereby granted the right, subject to the conditions hereinafter im- posed, to lay along or across any or all of the streets, avenues and alleys within the boundaries of Washburn Park, an Addition to the City of Minneapolis, suitable mains for the conducting of water to and upon lots or tracts of land within said Addition, to be used for fire protection, lawn purposes, domestic consumption or for any other purposes, and to conduct through said pipes and supply to the Wash- burn Home and any other persons or property within said Washburn Park, water for said purposes on such terms as said Wm. D. Wash- burn, his heirs and assigns, may determine, said water to be supplied by means of a pumping station, stand pipe and water tower located on property belonging to said Wm. D. Washburn. SEC. 2. Whenever the City of Minneapolis shall extend the system of water pipe belonging to said city to said Washburn Park Ad- dition and desire so to do, the City of Minneapolis shall have the right to connect all water mains laid in the streets in said addition by said Wm. D. Washburn, his heirs or assigns, pursuant to this ordinance, with the water mains of said city, and all such water mains laid in the streets in said Washburn Park pursuant to this ordinance shall thereupon be and become the property of the City of Minneapolis ast fully as if said water mains had been laid in said streets by the City of Minneapolis in the first instance, and the right of said Wm. D. Washburn, his heirs or assigns to use the same for conducting water, shall thereupon cease. Whenever the city shall acquire, as herein provided, the water mains laid in the streets in said Washburn Park, it shall also acquire the pumping plant in said pumping station, the stand pipe and water tower, together with the land upon which said water tower is situated, by payment of the value thereof and the value of the pipe or main con- necting said pumping station with said water tower, to said Wm. D. Washburn, his heirs or assigns, said value to be determined by agree- ment, arbitration or condemnation proceedings, instituted under the provisions of the Charter of said city, as the City Council may elect. SEC. 3. All water mains laid in any streets in said Washburn Park shall be laid in such manner and of such size and thickness of pipe as shall be approved of by the City Engineer of the City of Min- neapolis. And said Wm. D. Washburn, his heirs or assigns, shall file in the office of the City Engineer of the City of Minneapolis, a plat MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 643 MERCHANTS' BOARD OF UNDERWRITERS-SALVAGE CORPS. showing the size of the mains laid in each street and the depth of such mains with the location of the service pipe connections and such other details as the City Engineer may direct. SEC. 4. This ordinance shall take effect and be in force from To take and after its publication. effect. MERCHANTS' BOARD OF UNDERWRITERS-SALVAGE CORPS. An Ordinance Granting the Right of Way on the Streets of the City of Minneapolis to Apparatus Owned and Used by the Mer- chants' Board of Underwriters in Their Business of Operating and Carrying on Salvage Corps and Fire Patrols and Provid- ing a Penalty for the Violation of the Same. (Passed Oct. 4, 1895. Approved Oct. 5, 1895. Published Oct 8, 1895, in The Penny Press, 21 C. P. 575.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. All apparatus belonging to the Merchants' Board of Fire Underwriters used by them in operating salvage corps and fire patrols when attending any fire or in responding to an alarm of fire, shall have the right of way on any and all streets, alleys or lanes, sub- ject only to the right of way by apparatus operated by the Minneapolis Fire Department and the Police Department. to have Apparatus right of way, etc. All persons driving vehicles of any kind (except passenger cars on street railways, and apparatus operated by the Minneapolis Fire Department and the Police Department) shall turn entirely off the center of the street and stop until such apparatus shall pass, and all such apparatus may be driven at any rate of speed that the driver of Rate of the same may deem necessary to expeditiously respond to any alarm of fire or to reach a fire. speed. SEC. 3. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be punished by a fine not exceeding Fifty Dollars, and may be imprisoned until such fine is paid, not exceeding sixty days. SEC. 4. This ordinance shall take effect and be in force from and after its publication. Vehicles to and stop. turn aside cars be And it shall be the duty of the conductor, driver or motoneer of Street Ry. any passenger railway or street car upon the approach of any apparatus stopped, belonging to or operated by the Merchants' Board of Underwriters when. when proceeding to a fire to immediately stop said railway or street. car until such apparatus shall have passed. SEC. 2. The privileges given in the foregoing section of this ordinance are granted upon the express condition that the City Council of the City of Minneapolis, has, and reserves to itself the right to amend, change or repeal this ordinance, or modify the same as it may deem advisable. Council may repeal. amend or Violation of ordinance. Penalty. To take effect. 644 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. May lay iron or clay subway across 2nd Ave. S. Location. Plat. Purposes. How laid. How long maintained. Replacement and repair of roadway, etc. Indemnity of city. Suits, com- pany to defend and protect city. Bond, filing same, etc. 5 per cent of gross re- ceipts to be paid city. GUARANTY LOAN BUILDING COMPANY-UNDERGROUND SUBWAY. GUARANTY LOAN BUILDING COMPANY-UNDER- GROUND SUBWAY. An Ordinance Granting Permission to the Guaranty Loan Build- ing Company, a Corporation, to Lay an Underground Subway, for the Purpose of Conveying Heat for Heating Purposes and no Other, Across Second Avenue South Parallel With and Dis- tant 60 Feet South of Third Street, Crossing from Lot 6, Block 64, to Lot 10, Block 65, Town of Minneapolis. (Passed Sept. II, 1903. Approved Sept. 16, 1903. Published Sept. 19, 1903, in The Daily Times, 29 C. P. 508.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Guaranty Loan Build- ing Company permission to lay across Second avenue south, parallel with and distant 60 feet south of Third street, crossing from Lot 6, Block 64, thence across Second avenue south to Lot 10, Block 65, original Town of Minneapolis, an iron or clay subway, as may be deemed most suitable by the City Engineer, as shown by the plat on file in the office of the City Engineer and hereby made a part of this ordi- nance, to be used for the purpose of conveying heat for heating pur- poses only, said subway to be laid under the direction of the City En- gineer and to be maintained by said Guaranty Loan Building Com- pany so long as said subway shall there remain. The roadway, pave- ments, sidewalks and curb stones on either side of said avenue along or upon said avenue, which shall be in any manner removed, changed or obstructed, shall be replaced and properly repaired by said Guar- anty Loan Building Company under the supervision and according to the directions of the City Engineer of the City of Minneapolis. Said Guaranty Loan Building Company shall hold the City of Minneapolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said subway across said Second avenue south and shall assume the defense of any and all suits brought for the recovery of the same, intervening in said suits, if necessary, for the purpose of defense, and will wholly pro- tect, relieve and save harmless the City of Minneapolis from all lia- bility of every kind and description on account of the acts or omissions of said Guaranty Loan Building Company, its agents, servants or em- ployes, in connection with the construction and maintenance of said subway, and for the purpose of securing the said City of Minneapolis against all loss and damage, said Guaranty Loan Building Company shall file with the City Clerk of said city a bond in the penal sum of Five Thousand Dollars, with sureties to be approved by said City Council, conditioned that said Guaranty Loan Building Company shall faithfully observe, keep and perform all and singular the conditions and provisions of this ordinance. SEC. 2. The privileges granted by this ordinance are on the con- dition that the said Guaranty Loan Building Company, its successors and assigns, shall pay as compensation and as consideration for the MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 645 6 GUARANTY LOAN BUILDING COMPANY-UNDERGROUND SUBWAY. be paid. use of said avenue hereinbefore mentioned, for the purpose herein designated, the full sum and amount of five per cent of the gross re- ceipts from the business done through and by said underground sub- way, plant and business, said amount to be paid annually into the city When to treasury of said city for the use and benefit of said city, said payment to be made on or before the 1st day of February of each and every year from and after the passage of this ordinance, and for the pur- pose of ascertaining the gross receipts upon which said percentum shall be paid as aforesaid, said Guaranty Loan Building Company, its successors and assigns, shall file annually on the 10th day of January of each year, in the office of the City Comptroller, a sworn state- ment setting forth in detail for the preceding calendar year the actual cost of said heating by means of said subway hereby authorized, the nature and extent of the business transacted, the gross receipts accru- ing from said underground subway, the operating expenses and the transacted. nature thereof, and the net income after deducting all proper costs and receipts. disbursements. Said statement so filed by said Guaranty Loan Build- Operating ing Company, its successors and assigns, shall be open to public in- Net income. spection during the business hours of said City Comptroller. For the inspection. purpose of verifying such statements, the books of said Guaranty Inspection Loan Building Company, its successors and assigns, shall at all times of company's be open to the inspection of such officers, person or persons as may be appointed for that purpose by the City Council of said city. Cost of heating. Business Gross expenses. Public repeal. SEC. 3. The City Council of the City of Minneapolis hereby re- Council may serves the right to repeal this ordinance and the permission hereby granted whenever, in the opinion of this or any subsequent City Coun- cil, the public interests demand that said underground subway be re- moved from said avenue, and the City Council is hereby made the sole judge of such necessity. Annual by company. statement Sole judge of necessity. SEC. 4. Nothing in this ordinance shall be construed as giving to said Guaranty Loan Building Company any exclusive privilege in said avenue or a guaranty of any of the rights or privileges herein granted, and the said Guaranty Loan Building Company shall at all times be subject to all the ordinances of said City of Minneapolis now Subject to in existence or which may hereafter be passed relative to the use of streets or alleys or other public places in said city for underground wiring or for other purposes. ordinances. of ordinance. SEC. 5. This ordinance is granted upon the express condition Acceptance that the said Guaranty Loan Building Company shall, within thirty Filing same. days after the official publication hereof, file a written acceptance of this ordinance and of the conditions thereof, and a bond, as herein pro- Bond. vided, with the City Clerk of said City of Minneapolis, and a failure to file said acceptance and said bond within the time specified shall render this ordinance null and void. No exclusive privilege. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof as herein provided. effect. 646 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Right to lay iron or clay subway across alley. Location. Plat. Purposes. Roadway. etc., to be replaced by company. Supervision of engineer. Indemnity of city. The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Powers Mercantile Company, a corporation, permission to lay across the alley in Block 80, Original Town of Minneapolis, extending from Nicollet avenue to First avenue south, parallel with and distant 91 feet from First ave- nue south, crossing from the building known as the Powers Mer- cantile Company building, to the building known as the Minnesota Tribune Company building, an iron or clay subway, as may be deemed most suitable by the City Engineer, as shown by the plat on file in. the office of the City Engineer, and hereby made a part of this ordi- nance, to be used for the purpose of conveying heat for heating pur- poses only and for the purpose of conveying hot water for use in the Minnesota Tribune Company building, said subway to be laid under the direction of the City Engineer and to be maintained by said Powers Continuance. Mercantile Company so long as said subway shall there remain. The How laid. roadway of said alley, which shall be in any manner removed, changed or disturbed, shall be replaced and properly repaired by said Powers. Mercantile Company, under the supervision and according to the directions of the City Engineer of the City of Minneapolis. amended Nov. 14, 1903, 29 C. P. 615.) (As Suits, com- pany to defend, and protect city. POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. An Ordinance Granting Permission to the Powers Mercantile Com- pany, a Corporation, to Lay an Underground Subway for the Purpose of Conveying Heat for Heating Purposes *and for the Purpose of Conveying Hot Water for Use in the Minnesota Tribune Company Building, and no Other, Across the Alley Extending from Nicollet Avenue to First Avenue South, in Block 80 of the Original Town of Minneapolis, Parallel with and Distant 91 Feet from First Avenue South, Crossing from the Building Known as the Powers Mercantile Company Build- ing, to the Building Known as the Minnesota Tribune Com- pany Building. (Passed Oct. 9, 1903. Approved Oct. 14, 1903. Published Oct. 19, 1903, in The Daily Times, 29 C. P. 570. As amended Nov. 14, 1903, 29 C. P. 615.) d Said Powers Mercantile Company shall hold the City of Min- neapolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said subway across said alley, and shall assume the defense of any and all suits brought for the recovery of the same, intervening in said suits, if necessary, for the purpose of defense, and will wholly protect, relieve and save harmless the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Powers Mer- cantile Company, its agents, servants or employes, in connection. with the construction and maintenance of said subway, and for the purpose of securing said City of Minneapolis against all loss and *As amended Nov. 14, 1903, 29 C. P. 615. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 647 POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. $5,000. damage, the said Powers Mercantile Company shall file with the Bond for City Clerk of said city a bond in the penal sum of Five Thousand Dollars ($5,000), with sureties to be approved by said City Council, conditioned that said Powers Mercantile Company shall faithfully observe, keep and perform all and singular the conditions and pro- visions of this ordinance. Company to pay city 5 per cent of receipts. SEC. 2. when made. statement The privileges granted by this ordinance are on the con- dition that the said Powers Mercantile Company, its successors and assigns, shall pay as compensation and as consideration for the use of said alley hereinbefore mentioned, for the purpose herein des- ignated, the full sum and amount of five per cent of the gross re- ceipts from the business done through and by said underground subway, plant and business, said amount to be paid annually into the city treasury of said city for the use and benefit of said city, said payment to be made on or before the 1st day of February of each Payments, and every year from and after the passage of this ordinance, and for the purpose of ascertaining the gross receipts upon which said percentum shall be paid as aforesaid, said Powers Mercantile Com- pany, its successors and assigns, shall file annually on the 10th day Annual of January of each year, in the office of the City Comptroller, by company. a sworn statement setting forth in detail for the preceding cal- Cost of endar year the actual cost of said heating by means of said subway hereby authorized, the nature and extent of the busi- Business ness transacted, the gross receipts accruing from said underground Gross subway, the operating expenses and the nature thereof, and the net Operating income after deducting all proper costs and disbursements. Said state- expenses. ment so filed by said Powers Mercantile Company, its successors and assigns, shall be open to public inspection during the business hours Public of said City Comptroller. For the purpose of verifying such state- ments, the books of said Powers Mercantile Company, its successors and assigns, shall at all times be open to the inspection of such offi- cers, person or persons as may be appointed for that purpose by the City Council of said city. transacted. receipts. Net income. inspection. Books of inspection by city. Council SEC. 3. The City Council of the City of Minneapolis hereby re- may repeal. serves the right to repeal this ordinance and the permission hereby granted whenever in the opinion of this or any subsequent City Council, the public interests demand that said underground subway be removed from said alley, and the City Council is hereby made the sole judge necessity. of such necessity. Sole judge of privilege. SEC. 4. Nothing in this ordinance shall be construed as giving No exclusive to said Powers Mercantile Company any exclusive privilege in said alley, or a guaranty of any of the rights or privileges herein granted, and the said Powers Mercantile Company shall at all times be sub- ject to all the ordinances of said City of Minneapolis now in ex- ordinances. istence or which may hereafter be passed relative to the use of streets or alleys or other public places in said city for underground wiring or for other purposes. Subject to Acceptance SEC. 5. This ordinance is granted upon the express condition and bond. that the said Powers Mercantile Company shall, within thirty days after the official publication hereof, file a written acceptance of this ordinance and of the conditions thereof, and a bond, as herein pro- 648 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Filing same. Ordinance void, when. To take effect. May lay iron or clay subway across alley. Location. Plat. Purposes. How laid. Continuance Roadway, etc., to be replaced by Lowry. Indemnity of city. Suits, Lowry to defend, and protect city. Bond. THOMAS LOWRY-UNDERGROUND SUBWAY. vided, with the City Clerk of said City of Minneapolis, and a failure. to file said acceptance and said bond within the time specified shall render this ordinance null and void. SEC. 6. This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as herein provided. THOMAS LOWRY-UNDERGROUND SUBWAY. An Ordinance Granting Permission to Thomas Lowry to Lay an Underground Subway for the Purpose of Conveying Steam and Hot Water Pipes Across the Alley Extending from Second Avenue South to Third Avenue South, in Block 50, Original Town of Minneapolis, Parallel with and Distant 80 Feet from Second Avenue South, Crossing from the Building Known as the National Hotel to the Building Known as Lincoln Block. (Passed Nov. 13, 1903. Approved Nov. 14, 1903. Published Nov. 17, 1903, in The Daily Times, 29 C. P. 613.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to Thomas Lowry permis- sion to lay across the alley extending from Second avenue south to Third avenue south, in Block 50, Original Town of Minneapolis, parallel with and distant 80 feet from Second avenue south, cross- ing from the building known as the National Hotel to the build- ing known as Lincoln Block, both buildings being controlled by said. Lowry, an iron or clay subway, as may be deemed most suitable by the City Engineer, as shown by the plat on file in the office of the City Engineer, and hereby made a part of this ordinance, to be used for the purpose of conveying steam and hot water pipes, said subway to be laid under the direction of the City Engineer and to be maintained by said Thomas Lowry so long as said subway shall there. remain. The roadway of said alley which shall be in any manner removed, changed or disturbed shall be replaced and properly repaired by said Thomas Lowry under the supervision and according to the directions of the City Engineer of the City of Minneapolis. Said Thomas Lowry shall hold the City of Minneapolis harm- less from any and all loss and damage occasioned by reason of the construction and maintenance of said subway across said alley, and shall assume the defense of any and all suits brought for the re- covery of the same, intervening in said suits, if necessary, for the purpose of defense, and will wholly protect, relieve and save harm- less the City of Minneapolis from all liability of every kind and de- scription on account of the acts or omission of said Thomas Lowry, his agents, servants or employes, in connection with the construction and maintenance of said subway, and for the purpose of securing said City of Minneapolis against all loss and damage the said Thomas Lowry shall file with the City Clerk of said city a bond in the penal sum of Five Thousand Dollars, with sureties to be approved by MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 649 POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. said City Council, conditioned that said Thomas Lowry shall faith- fully observe, keep and perform all and singular the conditions and provisions of this ordinance. SEC. 2. The City Council of the City of Minneapolis hereby re- serves the right to repeal this ordinance and the permission hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests demand that said underground subway be removed from said alley, and the City Council is hereby made the sole judge of such necessity. SEC. 3. Nothing in this ordinance shall be construed as giving to said Thomas Lowry any exclusive privilege in said alley or any guaranty of any of the rights or privileges herein granted, and the said Thomas Lowry shall at all times be subject to all the ordinances Subject to of said City of Minneapolis now in existence or which may be here- after passed relative to the use of streets or alleys or other public places in said city for underground wiring or for other purposes. ordinances. SEC. 5. This ordinance shall take effect and be in force from and after its publication, and the acceptance thereof as herein provided. POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. An Ordinance Granting Permission to the Powers Mercantile Company, a Corporation, to Lay an Underground Subway for the Purpose of Conveying Heat, for Heating Purposes and no Other, Across the Alley Extending from First Avenue South to Nicollet Avenue, in Block 80 of the Original Town of Minneapolis, Parallel with and Distant 80 Feet from Nicollet Avenue, Crossing from the Building Occupied by Browning, King & Company to the Building Occupied by Lewis Laramee. bond, filing same. SEC. 4. This ordinance is granted upon the express condition Acceptance that the said Thomas Lowry shall, within 30 days after the official of ordinance, publication hereof file a written acceptance of this ordinance and the conditions thereof and a bond, as herein provided, with the City Clerk of said City of Minneapolis, and a failure to file said accept- ance and said bond within the time specified shall render this ordi- nance null and void. (Passed Dec. 11, 1903. Approved Dec. 14, 1903. Published Dec. 17, 1903, in The Daily Times, 29 C. P. 653.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. There is hereby granted to the Powers Mercantile Company, a corporation, permission to lay across the alley in Block 80, Original Town of Minneapolis, extending from First avenue south to Nicollet avenue, parallel with and distant 80 feet from Nicollet avenue, crossing from the building occupied by Browning, King & Co., to the building occupied by Lewis Laramee, an iron or clay sub- way, as may be deemed most suitable by the City Engineer, as shown Council may repeal. Sole judge of necessity. No exclusive privilege. void, when, Ordinance To take effect. iron or clay May lay subway across alley. Location. 650 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Plat. Purposes. How laid, etc. Roadway, etc., to be replaced by company. Indemnity of city. Suits, com- pany to de- fend, and protect city. Bond for $5,000. Gross re- ceipts, 5 per cent to city. Payments, when made. Annual statements by company. Contents of. Open to public inspection. Books of company, Inspection by city. POWERS MERCANTILE COMPANY-UNDERGROUND SUBWAY. by the plat on file in the office of the City Engineer and hereby made part of this ordinance, to be used for the purpose of conveying heat, for heating purposes only, said subway to be laid under the direc- tion of the City Engineer and to be maintained by said Powers Mer- cantile Company so long as said subway shall there remain. The roadway of said alley which shall in any manner be removed, changed or disturbed, shall be replaced and properly repaired by said Powers. Mercantile Company, under the supervision and according to the directions of the City Engineer of the City of Minneapolis. Said Powers Mercantile Company shall hold the City of Minne- apolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said subway across said alley and shall assume the defense of any and all suits brought for the recovery of the same, intervening in said suits, if necessary, for the purpose of defense, and will wholly protect, relieve and save harmless the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Powers Mer- cantile Company, its agents, servants or employes, in connection with. the construction and maintenance of said subway, and for the pur- pose of securing said City of Minneapolis against all loss and damage, the said Powers Mercantile Company shall file with the City Clerk of said city a bond in the penal sum of Five Thousand Dollars ($5,- ooo), with sureties to be approved by said City Council, conditioned that the said Powers Mercantile Company shall faithfully observe, keep and perform all and singular the conditions and provisions of this ordinance. SEC. 2. The privileges granted by this ordinance are on the con- dition that the said Powers Mercantile Company, its successors and assigns, shall pay as compensation and as consideration for the use of said alley hereinbefore mentioned, for the purpose herein desig- nated, the full sum and amount of five per cent of the gross receipts from the business done through and by said underground subway, plant and business, said amount to be paid annually into the city treasury of said city for the use and benefit of said city, said pay- ment to be made on or before the 1st day of February of each and every year from and after the passage of this ordinance, and for the purpose of ascertaining the gross receipts upon which said percentum shall be paid as aforesaid, said Powers Mercantile Company, its suc- cessors and assigns, shall file annually, on the 10th day of January of each year, in the office of the City Comptroller, a sworn statement setting forth in detail for the preceding calendar year the actual cost of said heating by means of said subway hereby authorized, the nature and extent of the business transacted, the gross receipts accruing from said underground subway, the operating expenses and the nature thereof, and the net income after deducting all proper costs and dis- bursements. Said statement so filed by said Powers Mercantile Com- pany, its successors and assigns, shall be open to public inspection during the business hours of said City Comptroller. For the pur- pose of verifying such statements, the books of said Powers Mer- cantile Company, its successors and assigns, shall at all times be open to the inspection of such officers, person or persons as may be appointed for that purpose by the City Council of said city. MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 651 CUDAHY PACKING COMPANY-UNDERGROUND SUBWAY. SEC. 3. The City Council of the City of Minneapolis hereby re- serves the right to repeal this ordinance and the permission hereby granted whenever, in the opinion of this or any subsequent City Coun- cil, the public interests demand that said underground subway be removed from said alley, and the City Council is hereby made the sole Sole judge judge of such necessity. of necessity. SEC. 4. Nothing in this ordinance shall be construed as giving No exclusive to said Powers Mercantile Company any exclusive privileges in said privilege. alley or a guaranty of any of the rights or privileges herein granted, and the said Powers Mercantile Company shall at all times be sub- ject to all the ordinances of said City of Minneapolis now in exist- ence or which may hereafter be passed relative to the use of streets or alleys or other public places in said city for underground wiring or for other purposes. CUDAHY PACKING COMPANY-UNDERGROUND SUB- Council may repeal. WAY. An Ordinance Granting Permission to The Cudahy Packing Com- pany, a Corporation, to Lay an Underground Subway for the Purpose of Conveying Steam and Hot Water Pipes for Heat- ing Purposes, from the Central Market Building on Block 1, Camp & Walker's Addition, to Building No. 608 Third Avenue North, in the City of Minneapolis. SEC. 5. This ordinance is granted upon the express condition Acceptance that the said Powers Mercantile Company shall within thirty days filing same. after the official publication hereof, file a written acceptance of this ordinance, and of the conditions thereof, and a bond, as herein pro- vided, with the City Clerk of said City of Minneapolis, and a failure to file said acceptance and said bond within the time specified shall Ordinance render this ordinance null and void. void, when. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof as herein pro- vided. effect. (Passed Nov. 11, 1904. Approved Nov. 14, 1904. Published Nov. 18, 1904, in The Daily Times, 30 C. P. 623.) Subject to ordinances. The City Council of the City of Minneapolis do ordain as follows: Across Ave. N. Third SECTION I. There is hereby granted to the Cudahy Packing Company, a corporation, permission to lay an iron or clay subway, as may be deemed most suitable by the City Engineer, across Third avenue north, in the City of Minneapolis, from a point in the south- easterly boundary line of said Third avenue north, distant about 50 Description. feet southwesterly from the southwesterly line of Sixth street north to the building No. 608 Third avenue north, as shown by a plat of Plat. said subway on file in the office of the City Engineer and hereby made a part of this ordinance, said subway to be used only for the pur- pose of conveying steam and hot water pipes for heating purposes from Central Market building, on Block 1, Camp & Walker's Addi- Iron or clay subway. Use of subway. Steam and hot water pipes. 652 MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. Roadway, Company to replace and repair. Directions of engineer. Indemnity of city. Suits, company to defend, and hold city harm- less, etc. Bond for $5,000. Conditions of grant. Company to pay city 5 per cent of gross re- ceipts, etc. Payments, when made. Annual statement to be filed, when. Cost of heating. Gross receipts. Operating expenses, etc. To be open to public inspection. Books of company. CUDAHY PACKING COMPANY-UNDERGROUND SUBWAY. tion, to said building No. 608 Third avenue north, occupied by said Cudahy Packing Company, said subway to be maintained by said Cudahy Packing Company so long as said subway shall there remain. The roadway of said avenue which shall in any manner be removed, changed or disturbed, shall be replaced and properly repaired by said Cudahy Packing Company, under the supervision and according to the directions of the City Engineer of the City of Minneapolis. Said Cudahy Packing Company shall hold the City of Minne- apolis harmless from any and all claims for damages occasioned by reason of the construction and maintenance of said subway across said avenue and shall assume the defense of any and all suits brought for the recovery of the same, intervening in said suits if necessary for the purpose of defense, and will wholly protect, relieve and save harmless the City of Minneapolis from all liability of every kind and description on account of the acts or omissions of said Cudahy Pack- ing Company, its agents, servants or employes, in connection with the construction and maintenance of said subway, and for the purpose of securing said City of Minneapolis against all loss and damage, the said Cudahy Packing Company shall file with the City Clerk of said city a bond in the penal sum of Five Thousand Dollars ($5,000), with sureties to be approved by said City Council, conditioned that the said Cudahy Packing Company shall faithfully observe, keep and perform all and singular the conditions and provisions of this ordi- nance. SEC. 2. The privileges granted by this ordinance are on the con- dition that the said Cudahy Packing Company, its successors and assigns, shall pay as compensation and as consideration for the use of said avenue hereinbefore mentioned, for the purpose herein des- ignated, the full sum and amount of five per cent of the gross receipts from the business done through and by said underground subway, plant and business, said amount to be paid annually into the city treasury of said city for the use and benefit of said city, said pay- ment to be made on or before the 1st day of February of each and every year from and after the passage of this ordinance, and for the purpose of ascertaining the gross receipts upon which said percentum shall be paid as aforesaid, said Cudahy Packing Company, its suc- cessors and assigns, shall file annually on the 10th day of January of each year, in the office of the City Comptroller, a sworn state- ment setting forth in detail for the preceding calendar year the actual cost of said heating by means of said subway hereby author- ized, the nature and extent of the business transacted, the gross re- ceipts accruing from said underground subway, the operating ex- penses and the nature thereof, and the net income after deducting all proper costs and disbursements. Said statement so filed by said Cudahy Packing Company, its successors and assigns, shall be open to public inspection during the business hours of said City Comp- troller. For the purpose of verifying such statements, the books of said Cudahy Packing Company, its successors and assigns, shall at all times be open to the inspection of such officers, person or per- sons as may be appointed for that purpose by the City Council of said city. • MISCELLANEOUS GRANTS AND FRANCHISES-ORDINANCES. 653 CUDAHY PACKING COMPANY-UNDERGROUND SUBWAY. SEC. 3. The City Council of the City of Minneapolis hereby re- serves the right to repeal this ordinance and the permission hereby granted whenever, in the opinion of this or any subsequent City Council, the public interests demand that said underground subway be removed from said avenue, and the City Council is hereby made the sole judge of such necessity. SEC. 4. Nothing in this ordinance shall be construed as giving No exclusive to said Cudahy Packing Company any exclusive privileges in said ave- privilege. nue or a guaranty of any of the rights or privileges herein granted, and the said Cudahy Packing Company shall at all times be subject company to all the ordinances of said City of Minneapolis now in existence subject to or which may hereafter be passed relative to the use of streets or alleys or other public places in said city for underground wiring or for other purposes. SEC. 5. This ordinance is granted upon the express condition that the said Cudahy Packing Company shall within thirty days after the official publication hereof, file a written acceptance of this ordi- nance and of the conditions thereof, and a bond, as herein provided, with the City Clerk of said City of Minneapolis, and a failure to file said acceptance and said bond within the time specified shall render this ordinance null and void. Council may repeal. Sole judge of necessity. of ordinance. Acceptance Filing same. Failure to file annuls ordinance. SEC. 6. This ordinance shall take effect and be in force from To take and after its publication and the acceptance thereof as herein provided. effect. 654 MINNEAPOLIS LICENSE ORDINANCES. Occupations to be licensed. Minors to be excluded. Yearly rates. Auctioneers. MINNEAPOLIS LICENSE ORDINANCES. MISCELLANEOUS LICENSES. An Ordinance Regulating Licenses in the City of Minneapolis. (Passed April 29, 1887. Approved April 29, 1887. Published May 5, 1887, 13 C. P. 48. As amended May 16, 1887, 13 C. P. 101; Nov. 24, 1887, 13 C. P. 795 ; Dec. 5, 1887, 13 C. P. 812; April 9, 1888, 13 C. P. 971; May 22, 1888, 14 C. P. 72; June 13, 1888, 14 C. P. 95; Aug. 21, 1888, 14 C. P. 262; July 1, 1889, 15 C. P. 320; Aug. 7, 1889, 15 C. P. 402; Oct. 14, 1890, 16 C. P. 617; April 27, 1891, 17 C. P. 176; May 11, 1891, 17 C. P. 201; July 15, 1891, 17 C. P. 332; Oct. 1, 1891, 17 C. P. 538; May 3, 1892, 18 C. P. 205; May 2, 1892, 18 C. P. 207; Aug. 8, 1892, 18 C. P. 382; Sept. 15, 1892, 18 C. P. 497; May 31, 1893, 19 C. P. 298; June 16, 1893, 19 C. P. 352; Sept. 5, 1893, 19 C. P. 586; July 31, 1894, 20 C. P. 438; Oct. 1, 1894, 20 C. P. 649; May 2, 1895, 21 C. P. 219; July 19, 1895, 21 C. P. 354; Dec. 15, 1896, 22 C. P. 614; March 3, 1897, 23 C. P. 95; April 15, 1897, 23 C. P. 171; Sept. 25, 1897, 23 C. P. 560; Sept. 25, 1897, 23 C. P. 560; May 31, 1899, 25 C. P. 302; May 4, 1900, 26 C. P. 145; April 29, 1901, 27 C. P. 147; March 2, 1903, 29 C. P. 90; April 25, 1903, 29 C. P. 168; June 5, 1903, 29 C. P. 260; May 13, 1904, 30 C. P. 262; Nov. 26, 1904, 30 C. P. 655.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That no person or persons shall practice or exer- cise the vocation of auctioneer, peddler, or keep any billiard table or nine or ten pin alley, for hire to be used for any compensation, or to be used with or without compensation in any building where liquors are sold, or exercise any trade, business or occupation for which the price of a license is provided for or specified in this ordinance, with- out having first procured and obtained a license therefor in the man- ner hereinafter provided; nor shall any person or persons so licensed to keep any billiard table, pool table, pigeon-hole table, nine or ten pin alleys, permit any minor person not a member of the family of the person, or of one of the persons, so licensed, or in his or her employ, to be or to remain in any room in which such licensed billiard table, pool table, pigeon-hole table, nine or ten pin alley is situated or used. SEC. 2. That the following yearly rates for licenses in said city are (hereby) fixed and established to be paid by every person or firm engaged in, or who shall engage in, the respective callings, vocations, or kinds of business named in this section within the limits of said city, viz.: Auctioneers, one hundred dollars. (As amended May 31, 1899 25 C. P. 302.) MINNEAPOLIS LICENSE ORDINANCES. 655 MISCELLANEOUS LICENSES. Wagon peddlers, fifty dollars. (As amended April 29, 1904, 30 C. P. 262.) Push cart peddlers, fifty dollars. (As amended April 29, 1904, 30 C. P. 262.) Foot peddlers, twenty-five dollars. (As amended May 4, 1900, 26 C. P. 145.) Peddlers. tellers, etc. in city Fortune tellers, astrologers, and all persons practicing palmistry, Fortune clairvoyancy, mesmerism, and all persons giving exhibitions or prac- ticing or using any device for the purpose of telling fortunes, or spir- itualistic readings, or sittings, or exhibitions of such a character, fifty dollars; and no person shall be granted a license for any of such pur- Six months' poses unless he or she shall have been a resident of the City of Min- residence neapolis for six (6) months preceding the issuance of such license, required. and unless such person so applying shall, before the issuance of such license, make and execute a bond for the sum of two hundred dollars Bond ($200.00) with sureties to be approved by the City Comptroller, con- ditioned for the faithful observance and keeping of all the ordinances of the City of Minneapolis. (As amended July 1, 1889, 15 C. P. 320.) Keepers of billiard tables, for each table five dollars. (As amend- Billiard ed May 22, 1888, 14 C. P. 73.) required. tables. Keepers of pool tables, for each table five dollars. (As amended Pool tables. May 22, 1888, 14 C. P. 73.) Keepers of pigeon-hole tables, for each table twenty-five dol- Pigeon-hole lars ($25). Keepers of nine or ten pin alleys, for each alley five dollars. (As amended March 2, 1903, 29 C. P. 90.) Provided that no billiard table, or pool table, or pigeon-hole table, or nine or ten pin alley shall be licensed to do business within five hundred feet of any public school grounds or the grounds of the State University or any seminary of learning. Nine or ten- pin alleys. Where not licensed Pawn- brokers. galleries, Shooting galleries, Chinese ball games, throwing, and all other Shooting games and performances (except nine or ten pin alleys) wherein any etc. ball, ring, shot or missiles of any kind are shot, thrown or in any other manner propelled against any mark, image or obstacle what- ever, and for which fee or price is charged, twenty-five dollars ($25). Theaters, one hundred and fifty dollars per annum. (As amend- Theaters. ed April 29, 1901, 27 C. P. 147. See also 29 C. P. 633, Sec. 3.) Pawnbrokers, one hundred dollars. (As amended June 13, 1888, 14 C. P. 95.) Second-hand Dealers in second hand goods, twenty-five dollars. (Inserted dealers. July 15, 1891, 17 C. P. 332.) Junk Junk dealers having an established place of business, twenty-five dealers. dollars. (As amended Oct. 1, 1891, 17 C. P. 538.) Junk Junk peddlers and dealers not having an established place of peddlers. business, five dollars. (As amended March 3, 1897, 23 C. P. 95.) Skating rinks. Roller skating rinks, fifty dollars ($50). All keepers of museums, for which money is charged for entrance Museums. into the same, five hundred dollars ($500). Auctioneer- No auctioneer shall sell or offer for sale in the said City of Min- ing watches. neapolis, any watch or watches, jewelry or other articles made or pur- porting to be made of gold, silver or other precious metal, except as hereinafter provided: 656 MINNEAPOLIS LICENSE ORDINANCES. Metal, kind to be stated in loud voice. Minimum fineness of gold and silver. Plated wares. Proceeds to be retained 24 hours. Complaint of buyer. Auctioneer to refund. If not, money to be kept sepa- rate, etc. Limitation. Assistant, when. Licensee only to use license. Stops on Nicollet Ave. Hennepin Ave. Washington Ave. How long. Push-cart peddler not to peddle on Nicollet Ave. iv MISCELLANEOUS LICENSES. Whenever any auctioneer sells or offers for sale any watch or watches, jewelry or other articles aforesaid, he shall state in à loud and distinct voice whether the article offered is of gold, silver or base metal, and no watch, watch case, jewelry or other article shall be de- scribed or sold as gold or silver, unless it shall be at least of the fine- ness of fourteen carats-as known to the trade-and if any watch, watch case, jewelry or other article, sold or offered for sale, shall be plated with either gold or silver, the person selling or offering it for sale shall, before selling the same, distinctly state that it is plated, and shall state with what metal it is plated. Any auctioneer selling or offering for sale, either for himself or on commission, or as agent for others, any watch or watches, jewel- ry, or other article, purporting to be made or partly made of gold, silver or other precious metal, or resembling or made in imitation of such metals, whether plated or otherwise, shall retain in his own possession the money or other valuable thing or things received for such goods for at least twenty-four hours from the time such sale was made. And if any purchaser of such goods shall within said. twenty-four hours make any claim against said auctioneer upon the ground that the goods sold to him at auction were not correctly de- scribed by the auctioneer, as required by this act, and shall demand of the auctioneer a return of the money, or other consideration, paid for such goods or merchandise, and shall offer to return the goods so purchased, then and in such case the auctioneer making the sale shall either refund to said purchaser the price paid for such goods or arti- cles, or if he refuse to refund said purchase price said auctioneer shall hold said purchase price and money received for such goods or arti- cles as a separate and distinct fund to answer and pay any judgment that may be recovered against him by the purchaser of said goods or articles. Provided, That if no action be commenced against said auctioneer within ten days from the date of such sale or sales, said auctioneer shall not be longer required to hold such money or purchase price. (Last four paragraphs added May 13, 1887, 13 C. P. 101.) Any wagon peddler, duly licensed under this ordinance may have one driver to assist him, but no other assistants; and only one person shall engage in peddling under any push cart or foot peddler's license issued as herein provided, and such person shall be the one to whom such license is issued, or the legal assignee of such licensee. (Added April 27, 1891, 17 C. P. 177.) It shall be unlawful for any wagon peddler or. foot peddler duly licensed under the provisions of this ordinance, to stop on Nicollet or Hennepin avenues, between the Mississippi river and Tenth street, or on Washington avenue, between Eighth avenue south and Fourth avenue north, in the City of Minneapolis, for more than ten minutes at any one time for the purpose of transacting his business or offer- ing or exposing his goods for sale, and it shall be unlawful for any push-cart peddler duly licensed as aforesaid, to exercise or carry on his said business, on said Nicollet avenue between the Mississippi river and Twelfth street in said city, nor shall any such push-cart peddler stop on Hennepin avenue between the Mississippi river and MINNEAPOLIS LICENSE ORDINANCES. 657 MISCELLANEOUS LICENSES. Tenth street, or on Washington avenue between Eighth avenue south and Fourth avenue north in said city for more than ten minutes at any one time, for the purpose of transacting his business, or offer- ing or exposing his goods for sale. (Added Sept. 5, 1893, 19 C. P. 586; as amended Oct. 1, 1894, 20 C. P. 649.) Nor stop on Hennepin Washington Ave., or Ave., how long. Expiration of licenses. SEC. 3. All licenses hereafter granted and issued for any of the callings, vocations or kinds of business mentioned in section two (2) hereof, shall expire on the first Monday of May next following the granting and issue of the same; and all such licenses, the application for which shall be made after the commencement of any license year, shall be issued for the period from the date of the application there- for to the first Monday in May next following the issuance of the same, upon the payment by the applicant for any such license of a propor- Pro rata tionate part and amount of the annual license fee herein established and payment. required for the same. (As amended May 3, 1892, 18 C. P. 205.) For what time issued. deposit fee. to issue license. same. to another same. SEC. 4. Any person or firm wishing to obtain a license to exer- Applicant to cise any of the callings, vocations, or kinds of business mentioned in section two (2) of this ordinance, shall pay to the City Treasurer of said city the amount of money in and by this ordinance fixed for such license, and upon presenting to the City Comptroller the Treasurer's Comptroller receipt therefor, shall be entitled to and shall receive from said Comp- troller a written license, signed by the Mayor and countersigned by the Comptroller, and attested by the seal of said city, authorizing such Form of person or firm to carry on the business or calling named in such license, at some certain place in said city, to be particularly designated therein. The Mayor may afterwards, by writing, endorse upon such Transfer license a change of the place of business to some other place to be par- place. ticularly designated in such written endorsement; such change shall not, however, be operative until such license, so endorsed, be presented to the City Comptroller; and the change entered upon his books and Record of a fee of one dollar ($1.00) paid him for making such entry, and no person shall exercise or carry on such business at any other place than the place so designated. Provided, that license for peddlers need not specify any particular locality for doing business, but that all wagon peddlers shall have numbers on their vehicles, known as "wagon tin," fastened in a conspicuous place on their vehicles, and every license issued to peddlers shall specify the number of the par- ticular vehicle covered by such license; that the licenses for peddlers need not specify any particular locality in the city for doing business, but every such peddler shall have a badge at least two inches long and one inch wide, upon which shall be inscribed his number and proper badge. descriptive words, including the year for which his license was is- Inscriptions. sued, such badge to be furnished by the City Comptroller, and every Comptroller peddler licensed pursuant to the provisions hereof shall wear such to furnish badge in a conspicuous place on his hat or cap, or on the outside of his Peddlers to coat or overcoat, and have his written license with him for inspection at all times while engaged in peddling; and in case any peddler li- And carry censed pursuant to the provisions hereof shall lose his license, badge Loss of or wagon tin, he shall forthwith and before doing any further business license, etc. procure a duplicate license, badge, or wagon tin, as the case may be, Duplicate, from the City Comptroller, and shall pay for said duplicate license, obtained. Locality not specified. Peddler's same. wear badge, where. license. how One place only. Except peddlers. Vehicle number. Specified in license. 658 MINNEAPOLIS LICENSE ORDINANCES. # Fee. Peddling without license. Penalty. Vehicle number, etc. Auctioneer's license. Council to authorize. Menageries, circuses, etc. Rates. Grand operas. Small circuses. Bicycle, skating, etc., contests. Minstrels, etc. Dime museums. Circus alone. Menagerie alone. Circus and menagerie. Side-shows. MISCELLANEOUS LICENSES. badge, or wagon tin, to said City Comptroller, the sum of $1.00 for each duplicate license, badge or wagon tin so procured; and any peddler who shall at any time engage in peddling without his license with him and his badge worn as herein provided, shall be subject to the same penalties as are herein provided for the violation of this ordinance; (and every license issued to peddlers shall specify the num- ber of the particular vehicle or pack covered by such license). (As amended April 27, 1891, 17 C. P. 176; Sept. 25, 1897, 23 C. P. 560; April 15, 1897, 23 C. P. 171; May 29, 1896, 22 C. P. 226; and Sept. 25, 1897, 23 C. P. 560.) And, provided further, that no auctioneer's license shall be is- sued by the City Comptroller until an application for such license has been duly made to the City Council and the issuance of the same duly authorized by the Council. (Added Nov. 26, 1904, 30 C. P. 655.) SEC. 5. That no caravan, menagerie, circus, or other show, ex- hibition, or performance, or business for which the price of a license is hereinafter stated, shall be held, exhibited, or carried on within said city, unless a license therefor shall be previously obtained, as hereinafter provided. The rates of such license are fixed as follows: For grand operas, fifty dollars per day. (Added April 29, 1901, 27 C. P. 147.) For small circuses when the admission does not exceed 25 cents, $10 per week. (Added April 15, 1897, 23 C. P. 171.) For any bicycle, pedestrian or skating contest, or any similar con- tests, not otherwise enumerated, for first day ten dollars, and for each succeeding day three dollars. (Added May 2, 1892, 18 C. P. 207.) For minstrel and other concerts, and theatrical and operatic per- formances or exhibitions, where the same is not licensed by the year as a theater, and where the price of admission does not exceed ten (10) cents, for each concert, performance or exhibition, twenty-five dollars ($25) for the first day, and five dollars ($5) for each suc- ceeding day. (As amended Aug. 7, 1889, 15 C. P. 402.) For dime museums two hundred and fifty dollars per annum. (Added Aug. 21, 1888, 14 C. P. 262.) For circus alone, for first day, five hundred dollars; and for each succeeding day, two hundred and fifty dollars. (As amended May II, 1891, 17 C. P. 201.) For menagerie alone for first day, one hundred dollars; and for each succeeding day, fifty dollars. (As amended May 11, 1891, 17 C. P. 201.) For circus and menagerie combined, charging an admission fee of more than twenty-five cents, for the first day six hundred dollars, and for each succeeding day five hundred dollars; and for circus and menagerie combined charging an admission of twenty-five cents or less, for each day one hundred dollars. (As amended July 19, 1895, 21 C. P. 354.) For small shows or exhibitions, in separate tents or enclosures (when not under the same management as the combined circus and menagerie) for first day, fifty dollars; and for each succeeding day, twenty-five dollars. (As amended May 11, 1891, 17 C. P, 201; April 25, 1903, 29 C. P. 168; June 5, 1903, 29 C. P. 260.) MINNEAPOLIS LICENSE ORDINANCES. 659 MISCELLANEOUS LICENSES. For shows, entertainments, exhibitions or performances of any kind whatsoever not otherwise enumerated in this ordinance, and to which an admission fee is charged, for the first day, ten dollars, and for each succeeding day five dollars. (Added May 31, 1893, 19 C. P. 298.) For hawkers or criers selling goods, wares, notions or other ar- ticles on the streets, or any public or open ground in said city, for each day fifty dollars ($50). Shows not numerated herein. quists, etc. For ventriloquists, musicians, magicians, and similar exhibitions Ventrilo- not otherwise enumerated, for first performance, fifty dollars ($50), and for each subsequent performance, twenty-five dollars ($25). Street-criers. etc. For minstrel and other concerts, and for theatrical and operatic Minstrels, performances, when the same is not licensed by the year, as a theater, for each concert or performance, twenty-five dollars ($25), but no concert or theatrical or operatic performance shall be permitted, nor shall any license therefor be granted, in any building where any spirit- uous, wines, malt or other intoxicating liquors or beverages are sold, furnished, ordered or drank. Provided, that this shall not be so con- structed as to require a license for the exhibition or performances of any society or association in this city giving concerts or dramatic or literary exhibitions, and in which concerts or performances the sing- ers, actors or performers do not receive compensation or pay therefor; nor shall the concerts, exhibitions or performances of such societies Not deemed or associations be deemed "concerts, theatrical or operatic perform- ances" within the meaning of any part of this ordinance. (As amend- ed Oct. 14, 1890, 16 C. P. 617.), concerts, etc. formance No per- where liquor is sold. Perform- ances by cieties, etc. No license. how Licenses for any of the foregoing callings, occupations or per- Licenses, formances mentioned in this section shall be obtained in the same obtained. manner as provided for in section four (4), of this ordinance, and no person or persons shall advertise or attempt to give any such ex- hibition or performance, or do any business mentioned in this section before hereinbefore, without first having obtained a license there for in such License business. manner. licenses. SEC. 6. The City Comptroller shall keep a record of all licenses Record of issued by him, stating to whom issued, and for what purpose, and for what length of time, and for what sum of money, and the room or rooms and place where the business is to be carried on. SEC. 7. Any person who has received a license under the pro- visions of Section 2, of this ordinance, and who shall quit or dispose of the business for which he was licensed, before the expiration of his license, may, with the consent of the mayor endorsed upon such li- cense, sell and transfer said license to any person who shall succeed to him in the same business, at the same place, which transfer shall be entered in the books of the City Comptroller before the same shall be transfer. of any validity; providing that no auctioneer's license shall be transfer- able or sold or transferred from or by the licensee or licensees therein named to any other person, persons, firm or corporation whomso- ever. (As amended May 22, 1888, 14 C. P. 73, and May 31, 1899, 25 C. P. 302. See 14 C. P. 73.) Record of Auctioneers, SEC. 8. No auctioneer shall sell or expose for sale any kind of where to sell. property outside of the building or lot occupied by him for the pur- Transfer of licenses. Consent of mayor. Auctioneer's license not assignable. 660 MINNEAPOLIS LICENSE ORDINANCES. Crowds. Revocation of licenses. Refund, when. No rebate, when. Violation of ordinance. Penalty. Revocation of license, when. Repeal of ordinances. To take effect. Vehicles for hire to be licensed. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. pose of his business, nor at the door of such building or so near the same as to attract or keep a crowd upon any street or sidewalk of said city. SEC. 9. Every license granted under the provisions of this ordi- nance shall be issued upon the distinct understanding that such li- cense may be revoked by the Mayor or by the City Council of said city, at any time, and by the court upon conviction of the holder thereof of violation of this ordinance under the provisions of Section ten (10), hereof, or whenever such revocation may be authorized or required by the laws of this state. And in case of revocation thereof, by the Mayor or City Council, then the city shall refund to the holder thereof a sum of money proportionate to the amount of the sum paid for such license for the unexpired term thereof; but in case of a revocation thereof by order of the court, then the whole amount paid therefor shall be forfeited. SEC. 10. If any person shall violate any of the provisions of this ordinance, he shall, upon conviction thereof before the Municipal Court of said city, be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), and be im- prisoned until such fine is paid, not exceeding ninety days. And the court upon each conviction, if the person so convicted shall hold a license under the provisions of this ordinance, may upon first convic- tion, and upon second conviction shall, in addition to the punishment above provided, revoke such license as authorized and required to do in section sixteen (16), chapter four (4), of the City Charter. (As amended April 9, 1888, 13 C. P. 971.) SEC. II. That certain ordinance entitled "An Ordinance Regu- lating Licenses in the City of Minneapolis," approved May 8, 1882, and one other certain ordinance entitled "An Ordinance Regulating Licenses in the City of Minneapolis," approved April 28th, 1884, and all ordinances and parts of ordinances conflicting with the provisions of this ordinance, is hereby repealed. SEC. 12. This ordinance shall take effect and be in force from and after its publication. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. An Ordinance Licensing and Regulating Hackmen, Draymen, Ex- pressmen and Other Persons Engaged in Carrying Passengers, Baggage and Freight; Regulating Their Charges, and Pre- scribing Standing Places Within the Streets for Their Vehicles. (Passed Feb. 23, 1900. Approved Feb. 28, 1900. Published March 3, 1900, in The Minneapolis Times, 26 C. P. 52. As amended May 4, 1900, 26 C. P. 145.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No hackman, drayman, expressman or other person or persons engaged in carrying passengers, baggage or freight for pay, wages, hire or reward, in the City of Minneapolis, shall use, or MINNEAPOLIS LICENSE ORDINANCES. 661 HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. cause to be used, upon the streets of said city any vehicle of any de- scription or name whatever in the carrying of passengers, baggage or freight, for pay or hire, in said city, without such vehicle is a "li- censed vehicle" under the provisions of this ordinance. Licensed vehicles, SEC. 3. It shall be the duty of the City Comptroller to issue all licenses in this ordinance provided for, upon being presented with a receipt from the City Treasurer, showing that the party applying for a license has paid the amount of money herein required for such li- cense. Each license herein provided for shall be signed by the Mayor, or, in his absence, by the acting Mayor, and shall be countersigned by the City Comptroller and attested by the seal of the City Comptroller, and shall have upon it a number to be selected by said City Comptroller, by which said license shall be designated and known. The City Comp- troller shall keep a register in which shall be kept a list of the names of all persons to whom licenses are granted, the date when issued, the number of each license, and the description of each vehicle licensed. (As amended May 4, 1900, 26 C. P. 145.) SEC. 4. All licenses granted under this ordinance shall, unless revoked, continue in force until the first Monday in May after the date of the issue thereof, and any such license may be transferred by the Mayor, countersigned by the City Comptroller. Any license granted under this ordinance may be revoked by the Mayor in his dis- cretion. (As amended May 4, 1900, 26 C. P. 145, 146.) drive, etc. of fee. SEC. 2. Any person or persons, being over the age of twenty- one years, or any corporation duly created under the laws of the State who may of Minnesota, may drive, keep and use vehicles for carrying passen- gers, baggage or freight for pay or hire within said city, upon paying Payment the license fees therefor, hereinafter fixed, and obtaining a license obtaining for each and every such vehicle or vehicles, and complying with and license. observing all the provisions of this ordinance, and each and every What vehicle for which a license is so obtained, shall, until the expiration of such license, be deemed to be a "licensed vehicle." deemed licensed vehicle. how issued. Licenses, Receipt for fee. How signed and attested. Number. Register of licenses. Expiration of license. Transfer of license. Revocation by mayor. Number of vehicle on lamp. SEC. 5. Every licensee or other person operating a licensed ve- outside of hicle shall immediately after the issuance of a license for such ve- hicle, cause the number of the license for such vehicle to be plainly fixed and kept on the outside of the lamps of said vehicle, as herein- after provided, and shall keep the same plain and distinct at all times Removal or when used during the continuance of such license. But upon the ex- piration of said license (unless renewed) such person shall imme- diately cause the said number to be erased from said vehicle, and shall not thereafter allow said vehicle to be used with said number thereon. expiration. vehicles. Lamp on SEC. 6. Every vehicle for the conveyance of persons (except Exception. omnibuses running upon established lines), when driven or used for hire, or waiting or standing for hire, on any public street or place in the night time, shall have fixed upon some conspicuous place on the outside thereof a lamp, with plain glass front and sides, with the number of the license fixed upon the outside of each of said lamps, in distinct and legible figures, at least one and one-half where inches in length, and so placed that said so placed that said numbers and lamps may be distinctly seen from the inside and outside of such ve- hicle. And every vehicle for the conveyance of passengers, which Door-knob. has a door or doors to the same, shall have a knob or handle upon placed. Number of license. 662 MINNEAPOLIS LICENSE ORDINANCES. Omnibuses. Lamp thereon. Number of license. License to designate number and name. Licensee liable for violation. Badge, driver to have. Description. Word "Hack." Where worn. Transfer of license. How made. Fee, etc. License fee. Omnibus, etc. Hackney coaches, etc., two horses. Cabs, etc., one horse. Express wagons, etc., two horses. One-horse express, etc. Drays, etc., three or more horses. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. the inside of such door or doors, by which said door or doors may be easily opened from the inside. All omnibuses, running within the city and required to be licensed, shall, when running in the night time, have fixed in some conspicuous place in front thereof, so as to be distinctly seen from the inside, and outside, a lamp, with the number of the li- cense distinctly painted thereon in figures of one inch and a half in length. SEC. 7. All licenses granted under this ordinance shall designate the vehicles by their number and name. And each and every licensee hereunder shall be liable for each and every violation of this ordinance by his agents or servants. SEC. 8. Every owner or driver of licensed vehicles for the con- veyance of passengers shall, while acting as driver for such vehicle, wear a badge consisting of a rectangular silver plate or plated metal, one and three-fourths inches long, and one and one-eighth inches wide, having the corners cut off. On said plate shall be engraved the word "Hack" in letters not less than five-sixteenths of an inch long, and the number of the driver's license in figures not less than seven-sixteenths of an inch long. Said badge shall be worn in a conspicuous place on the outside of the breast of the outside coat, so that it may not be hid- den, either by accident or design. SEC. 9. All licenses issued under the provisions of this ordinance may be transferred upon a written application to the City Comptroller signed by the licensee of the license desired to be transferred, to- gether with the payment to the said City Comptroller, for the use of said city, the sum of fifty cents (50c), and any such application shall take the true name, age and place of residence of the person to whom any such license is to be transferred. SEC. 10. There shall be paid to the City Treasurer for the use of the city, before issuing the said licenses, by the parties applying for same, the following sums: I. For all omnibuses and accommodation coaches running be- tween hotels or from place to place within the city shall be charged for licenses, each, the sum of five dollars ($5.00). 2. For all hackney coaches, carriages and other vehicles drawn by two horses or other animals, that shall run for the conveyance of passengers for hire or reward, within the city, shall be charged for licenses, each, the sum of five dollars ($5.00). 3. For all cabs or other vehicles drawn by one horse or other animal, that shall run for the conveyance of passengers, for hire or reward, within the city, shall be charged for licenses, each, the sum of two dollars and fifty cents ($2.50). 4. For all baggage, express and furniture wagons and vehicles drawn by two horses or other animals, shall be charged for licenses, each, the sum of one dollar ($1.00). 5. For all baggage, express and furniture wagons, and vehicles drawn by one horse or other animal, shall be charged for licenses, each, the sum of fifty cents (50c). 6. For all drays, carts, wagons and other vehicles running with- in said city, for the carrying of baggage or freight, for hire or re- ward, drawn by three or more horses or other animals, shall be charged for licenses, each, the sum of one dollar ($1.00). MINNEAPOLIS LICENSE ORDINANCES. 663 HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. buses, etc. passenger Provided, That nothing herein contained shall include omni- Free omni- buses and baggage wagons running to and from hotels free of charge. SEC. II. The prices or rates of fare to be asked or demanded Fare, by the owners or drivers of vehicles for the conveyance of passengers vehicles. for hire shall be as follows: I. For conveying one passenger not exceeding one mile, fifty cents. 2. Over one mile and not exceeding one and one-half miles, seventy-five cents. 3. Over one and one-half miles and not exceeding two miles, one dollar. 4. For each mile or fraction of a mile over two miles, twenty- five cents. 5. For each additional passenger of same party, without regard to distance, fifty cents. 6. For conveying children, between five and fourteen years, half Children. of the above price may be charged for like distances; but for children under five years of age no charge shall be made. hour. 7. For the use of any such carriage or vehicle by the hour, with Rates per one or more passengers, with the privilege of going from place to place, and stopping as often as may be required, as follows: For the first hour, one dollar and fifty cents ($1.50). For each additional hour or part of an hour, one dollar ($1.00). cab, per hour. 8. For the use of any cab, or other vehicle, drawn by one horse One-horse or other animal, by the hour, with the privilege of going from place to place, with one or more passengers, and stopping when required, as follows: For the first hour, one dollar ($1.00). For each additional hour or part of an hour, one dollar ($1.00). The price or rates to be charged by the owner or driver of any Cart rates. public cart or other licensed vehicle for the carrying of baggage or freight, and for the loading and unloading of the same, shall be as follows: I. For carrying loads not exceeding two hundred pounds within one-half mile, twenty-five cents. 2. For loads not exceeding five hundred pounds weight, fifty cents. When the distance exceeds one mile, for each and every ad- ditional mile, twenty-five cents. 3. Over five hundred pounds, for every additional five hundred pounds or fraction thereof, fifty cents. 4. For handling and hauling household furniture with one or two horse trucks, one dollar per hour. No person or persons operating or using a "licensed vehicle” shall charge or exact a greater fee, price or rate than as herein provided. All parties operating hacks or other vehicles for hire shall keep posted in some conspicuous place, either inside or outside, of said vehicles, the charges prescribed by law for the carrying of passengers. No greater fee allowed. Posting of list of fares. baggage. SEC. 12. Any passenger in any vehicle for the conveyance of Free passengers for hire, shall be allowed to have conveyed upon such ve- hicle, without extra charge, his ordinary traveling baggage, not ex- 664 MINNEAPOLIS LICENSE ORDINANCES. Extent of. Charges for additional baggage. Baggage left by passengers. Disposed of, how. Card to be fixed on vehicles- contents of. Sections of ordinance. Same, driver to carry. And exhibit, when. Disputes, how settled. Hiring by the mile, when.. Charge for detention, when. No number, no fare, etc. Stands for passenger vehicles. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. ceeding in any case, one trunk and twenty-five pounds of other baggage. For every additional package, where the whole weight of baggage is over one hundred pounds, if conveyed to any place within the city limits, the owner or driver shall be permitted to charge fifty cents. any SEC. 13. Whenever any package or article of baggage or goods of kind shall be left in or on any licensed vehicle for the conveyance of passengers, goods or baggage; or when any such package or article shall be left in the custody of the driver of any such vehicle, such driver shall, upon the discovery of such package or article, forthwith deliver the same at the Central Police Station of said city, into the hands of the officer in charge of said station, unless such package or article shall be sooner delivered to the owner thereof, or the order of said owner. SEC. 14. There shall be fixed in every vehicle for the conveyance of passengers for hire, in such manner as can be conveniently read by any person riding in the same, a card, to be furnished by the City Comptroller, and the name of the owner of said vehicle, the number of the license for such vehicle, and the whole of sections 11, 12 and 13, of this ordinance, printed in English, German and Scandinavian, in plain, legible characters. A similar card shall be carried by the driver of each such vehicle, which card shall be shown to any person desiring to employ such vehicle, upon their request to see the same. SEC. 15. All disputes as to price or distance shall be settled by the Chief of Police, or other officer of the police force. SEC. 16. In all cases when the hiring of a vehicle for the con- veyance of passengers is not at the time thereof specified to be by the hour, it shall be deemed to be by the mile. And for any detention exceeding fifteen minutes, when so working by the mile, the owner or driver may demand at the rate of one dollar per hour. SEC. 17. The owner, driver, licensee or other person in charge of any vehicle for the conveyance of passengers, shall not demand or be entitled to receive any pay for the conveyance of any passenger, unless the number of the carriage and rates of prices be conspicuously fixed in and on said vehicle, as herein provided by section fourteen of this ordinance. SEC. 18. Duly licensed vehicles for the conveyance of passengers may stand, while waiting for employment, at any of the following places, to the number and for the period of time hereinafter provided. Stand No. I. On each side of Second street, between Hennepin avenue and Nicollet avenue-three hacks. Stand No. 2. On the southeasterly side of Hennepin avenue be- tween Washington avenue and Third street-two hacks, one on each half of said block; on the southeasterly side of Hennepin avenue be- tween Second street and Washington avenue-two hacks; on the north- westerly side of Nicollet avenue, between Washington avenue and Third street-one hack. Stand No. 3. On the northerly side of Third street, from Hen- nepin avenue to First avenue north-five hacks. Stand No. 4. Beginning at a point on the northeasterly side of Washington avenue sixty (60) feet southeast from the southeasterly MINNEAPOLIS LICENSE ORDINANCES. 665 • HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. side line of Third avenue south; thence southeasterly along said Wash- ington avenue forty (40) feet, three (3) omnibuses; again- Beginning at a point on said northeasterly side of Washington avenue one hundred (100) feet southeast from said side line of Third avenue south, thence southeasterly along said Washington avenue to the northwesterly side line of Fourth avenue south, produced, ten (10) hacks. Stand No. 5. On the northeasterly side of Fourth street, between Hennepin avenue and Nicollet avenue, five hacks. Stand No. 6. On the northeasterly side of Washington avenue. between Third avenue north and Fourth avenue north, five (5) hacks. Stand No. 7. On the southerly side of Sixth street between Nicol- let avenue and First avenue south, five (5) hacks. Stand No. 8. On the southerly side of University avenue between Central avenue and First avenue northeast, four (4) hacks. Stand No. 9. At all railroad depots, ten minutes previous to the arrival of all passenger trains. Provided, that no hacks or vehicles of any kind are permitted to stand between any railroad tracks at any time. owners. Stand No. 10. At all theaters and other places of public amuse- ments, fifteen minutes before the conclusion of any performance. Whenever there shall be filed with the City Clerk of the City of Abutting Minneapolis the written consent of the two owners and occupants of Consent to any property abutting on a public street of the City of Minneapolis, other stands. that licensed vehicles for the conveyance of passengers or public carts, may stand in such street, in front of and adjoining such property, then and in such case the City Council of the City of Minneapolis may, in Council may its discretion, establish in front of and adjoining such property, stands for hacks or public carts, as the case may be. establish. stands only. SEC. 19. No owner, driver or other person in charge of any Vehicles at licensed vehicle for the conveyance of passengers, or public cart, shall wait or stand with such vehicle upon the street for the employment at any other place than as herein provided. SEC. 20. No owner, driver or other person in charge of any licensed vehicle for the conveyance of passengers shall refuse to con- vey in said city any person with or without baggage as aforesaid when applied to for that purpose, or, having undertaken to convey said person, shall omit so to do. SEC. 21. It shall be the duty of the several officers and members of the police department to see that all the ordinances regulating ve- hicles for conveyance of persons for hire are strictly complied with. And any policeman shall have power and authority to order away from the stands and from all other places any vehicle not provided with a number or with lamps fixed up, lighted and numbered as hereinbefore required. Depots. Not be- tween Ry. tracks. Theaters. Refusal to convey. Police to see enforced. ordinance Special power of police. Or not furnished with proper and suitable harness or horses. Harness. Or whenever the same shall be improperly obstructing the way Obstruction. or street. Unruly horses. Or whenever the horses attached thereto are unruly. Or whenever the driver or person having charge of any such Intoxication, vehicle is intoxicated, or in any manner misbehaves himself. etc 666 MINNEAPOLIS LICENSE ORDINANCES. Obeying orders. Sleighs. May be used. Name, etc., on demand. "Public cart" defined. License must be had. "Public cartman" defined. Public carts must be licensed. Licensee deemed owner, liability. Age of driver. Cart stands. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. No person having charge of such vehicle shall refuse or neglect to obey any such order of the said chief or other police officer. SEC. 22. All the provisions and penalties of this ordinance, ex- cept those requiring lamps, shall apply to sleighs, as well as to vehicles on wheels, and to owners, drivers, licensees and any and all other per- sons in charge thereof, used or driven, for the conveyance of baggage, passengers or freight, in said city for hire, and the use of sleighs, when feasible, in the place of licensed vehicles, is hereby permitted, subject. to the regulations herein provided. SEC. 23. Every owner or driver, or person having charge of any licensed vehicle, shall, upon being requested so to do, give to any person or persons the number of his vehicle, the name of the owner and driver thereof, and their place of abode and stable. SEC. 24. Every cart, wagon, dray or other vehicle, drawn by one or more horses or other animals which shall be kept, used, driven or employed for the transportation or carrying of baggage or freight from place to place within the City of Minneapolis, for hire, wages or pay, for such transportation, shall be deemed a "public cart" within the meaning of this ordinance. And no person shall set up or keep or use or employ any such public cart without first obtaining a license therefor, as hereinbefore provided. SEC. 25. All persons licensed to keep a public cart, or drive the same, shall be deemed to be "public cartmen" within the meaning of this ordinance. SEC. 26. No public cart shall be used within said city except it be duly licensed. And the person to whom license is granted to keep and use a public cart, shall, for all the purposes of this ordinance, be considered the owner thereof, and responsible for all the articles intrusted to, and liable equally with, the driver thereof, to all forfeitures, penalties and punishments herein contained or provided. No person under the age of sixteen years shall be permitted to act as driver of any licensed vehicle. SEC. 27. Duly licensed public carts may stand, while waiting for employment, at any of the following places, to the number herein mentioned: Cart Stand No. I. On the northwesterly side of Washington avenue from the northwesterly side line of Fourth avenue south, pro- duced, to Fifth avenue south-twenty (20) carts. Cart Stand No. 2. On the northerly side of Washington avenue from Fifth avenue south to Seventh avenue south (except on the Sixth avenue crossing)-twenty (20) carts. Cart Stand No. 3. On both sides of High street from First avenue south to Second avenue south-thirty (30) carts. Cart Stand No. 4. On the southeasterly side of First avenue north from First street to Second street-ten (10) carts. Cart Stand No. 5. On the southerly side of Main street from a point one hundred feet easterly of Central avenue, to First avenue southeast-twenty (20) carts. Cart Stand No. 6. On the westerly side of Tenth avenue north between Washington avenue and Second street-ten (10) carts. MINNEAPOLIS LICENSE ORDINANCES. 667 HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. stands. Cart Stand No. 7. On the triangular (so-called) at the intersec- Cart tion of Washington and Cedar avenues, no cart to stand within fifty (50) feet of the curb line of either avenue-ten (10) carts. Cart Stand No. 8. On the northeasterly side of Second street. from First avenue north to Second avenue north-fifteen (15) carts. Cart Stand No. 9. On Third street north in front of the south- westerly boundary line of Lots 1, 2 and 3, in Block 54, of the original Town of Minneapolis, and on First avenue north in front of the north- westerly boundary line of said Lot I in said block-ten (10) carts. order SEC. 28. The Chief of Police and the several officers and mem- Police may bers of the police department shall have power and authority to order vehicle the driver or the person having charge of any vehicle, to remove such removed. vehicle away from any place in any of the streets which in his or their opinion may be improperly incumbering such street, or obstructing or impeding the public travel. ance. And any and every person neglecting or refusing to comply with Non-compli- or obey any such order shall be deemed guilty of a violation of this ordinance. SEC. 29. If any accident or injury shall happen to any person, Accidents. vehicle or other thing by reason of coming in contact with any licensed vehicle, or the horse or horses attached thereto, or anything loaded thereon, while the same is moving, it shall be the duty of the person Duty of driving or having charge of the same to immediately stop and, if driver. necessary, render his assistance; and to give his name and residence and the number of the vehicle he was driving, and the name and resi- dence of the owner thereof. sidewalks. SEC. 30. It shall not be lawful for any person driving or having Driving on charge of any licensed vehicle to drive or back any such vehicle onto the sidewalk of any of the streets of said city. Or to stop any such vehicle on any of the crosswalks or inter- sections of streets so as to obstruct or hinder travel along such cross- walks or intersections of streets. Or to place any such vehicle crosswise of any street of said city, except to load thereon or to unload therefrom. All disputes or disagreements as to distances or rates of com- pensation between public cartmen or public porters and persons em- ploying them, or owing for cartage or transportation, shall be deter- mined by the Chief of Police or any member of the police force. Not to stop walks. on cross- Or obstruct streets. In no case shall it be lawful for any person to permit such vehicle to remain crosswise of any street for a longer period than may be actually necessary for such purpose. when made. SEC. 31. Every public cartman shall be entitled to be paid the Payments, legal rate of compensation allowed and provided in this ordinance, im- mediately upon the cartage or transportation of any article or thing. It shall be lawful for any such public cartman to retain any article or thing so carted or transported by him for which he is not so paid his cartage and to convey the same, without delay, to the office of the Chief of Police; and he shall be entitled to the lawful rate or pay or compensation for the so conveying. Retention ance to chief of police. Settlement of disputes. SEC. 32. It shall not be lawful for any person to keep, use, drive False or employ any cart or other vehicle with numbers or figures thereon numbers. similar to or resembling the numbers on licensed vehicles. 668 MINNEAPOLIS LICENSE ORDINANCES. · Numbers, how used, etc. Carting poles, planks, etc. How loaded. Violation, when. Driver not to refuse employment, when. Nor neglect to convey and deliver- ing goods, etc. Nor exact fees than herein allowed. Waiting for employment. At other than regular stands. Stopping near crossings. Choice of location. No prefer- ence to be shown. Separate classes. Deceit, false statements, etc. HACKMEN, DRAY MEN, EXPRESSMEN, ET AL. Or for any person keeping, using or driving licensed vehicles to place or have any number for which he may have received license on more than one vehicle, or to use more vehicles as licensed vehicles than he may have license for. SEC. 33. It shall not be lawful for any public cartman to cart or transport through any of the streets of said city any planks, poles, spars, timber or other thing exceeding thirty feet in length, except on a suitable truck or vehicle. Such planks or other thing shall be placed lengthwise thereon so as not to project at either end beyond the line of the side or width of such truck or other vehicle. All persons carting or transporting any poles, planks, timber, spars or other things in any other manner shall be deemed guilty of a viola- tion of this ordinance. SEC. 34. No person driving any licensed public cart shall refuse to convey within said city the baggage, goods or merchandise of any person unless actually engaged when applied to for that purpose, or having undertaken to convey such baggage, goods or merchandise, or other thing, shall omit or neglect to do so or shall state to, ask, take or exact from any person desiring to have (or have had) conveyed to any place in said city such baggage, goods, merchandise or other thing, as the price or rate of fare for such conveyance, any greater price or rate of fare than that herein established. SEC. 35. No owner, licensee, driver or other person in charge of any hackney coach, omnibus, cab or other carriage, for the conveyance of passengers or of any public cart or other carriage for the conveyance of baggage, luggage or other merchandise, shall make any stand or stopping place, with or without his vehicle, while waiting for employ- ment at any place on any street or public grounds adjacent to any railroad or railway depot or steamboat landing or wharf other than the place or places designated by the person having charge of such depot, landing or wharf, or by the Chief of Police. Nor shall any such owner, driver, licensee or other person make such stand or stopping place either within or without the limits desig- nated in this ordinance within the distance of twenty feet of any street crossing. SEC. 36. All owners, drivers, licensees and other persons in charge of licensed vehicles for the conveyance of passengers, baggage, luggage or merchandise, taking their stands with their vehicles at such places designated by the person having charge of depots, landings or wharfs, as provided in section 35 of this ordinance, shall have the right to stand on any vacant place within the limits of the places, designated. No preference shall be shown between different vehicles of the same class as to the choice of positions within such limits. But different places may be designated for omnibuses, for other carriages for passengers, and for drays and baggage wagons so as to keep each class of vehicles separate. SEC. 37. It shall be unlawful for any owner, driver, licensee or other person in charge of any licensed vehicle to convey any person without his request to any place or house of ill fame or to deceive any person in relation to any railroad or other ticket or voucher for con- MINNEAPOLIS LICENSE ORDINANCES. 669 # HACKMEN, DRAYMEN, EXPRESSMEN, ET AL. veyance which is worthless, or to make any false representation or statement in regard to any voucher or ticket for conveyance that may be shown to him. given. SEC. 38. No owner, driver, licensee or other person in charge Name to be of any licensed vehicle shall refuse to give his name or request of any person or impose upon or deceive any person in any manner or form, or strike, threaten, insult or otherwise abuse or ill treat any passenger, under any pretense whatever. SEC. 39. No owner, driver, licensee or other person in charge of any licensed vehicle shall induce anybody to employ him by either knowingly, wantonly or ignorantly misinforming or misleading such person, either as to the time or place of the arrival or departure of any railroad car, steamboat or other public conveyance whatever, or the location of any railroad depot, office, station or any railroad ticket office, or the location of any hotel, stage office, public place or private residence within the said city. Sec. 40. It shall be unlawful for any such owner, driver, licensee or other person to induce any person to ride in or employ his vehicle by falsely representing his vehicle to such person as running for or being in the employment of a public house, or steamboat line, railroad or stage company, with a view to exact, solicit or obtain fare, or any thing of value from such person, or having so induced any person to ride in his vehicle, to exact, solicit or take any thing of value from such person for conveying him to such public house, or steamboat land- ing, railroad depot, ticket office, stage company office or other public place. Nor shall it be lawful for any driver of any vehicle herein men- tioned, while waiting for employment at any place assigned for his vehicle, to stand waiting for employment at any other place or to snap or flourish his whip or to be more than three feet away from his vehicle, or to sit or stand about the door steps or platform or in front of any house, store or other building. Threats, in- sults, etc.. prohibited. Misinforma- driver, etc. tion by C False repre- sentations as to em- ployment of driver, etc. SEC. 41. No driver, agent, servant, owner or owners, licensee of any vehicle herein referred to shall act as a public porter or runner without a license for that purpose, or solicit passengers, except for such vehicle as he may be licensed for. Racing-rate No owner or driver of any licensed vehicle shall engage in racing Racing. with another or drive faster than a moderate trot while passing in, along or through any of the public streets in the city. All such vehicles shall keep to the right when in motion and pass- ing along any of such public streets. And shall not drive over any street crossing faster than at a walk. SEC. 42. It shall not be lawful for the driver or other person having charge of any licensed vehicle to be off or away from any such vehicle while the same is moving or passing along any of the streets or avenues of said city. Not to act as porter or runner without license. Keep to right. Crossings. Driver to stay with vehicle. for em- Same wait- ployment. Not to snap whip, etc. Violation of SEC. 43. Any person who shall violate any clause or provision Vidinance. of any section of this ordinance, or who shall neglect or fail to comply with any or either of the requirements thereof, shall, on conviction. (excepting as is herein otherwise provided) pay a fine of not more Penalty. than one hundred dollars, and shall be imprisoned until such fine is 670 MINNEAPOLIS LICENSE ORDINANCES. Conflicting ordinances repealed. To take effect. Foot peddling prohibited on Henne- pin, Nicollet, Washington Aves, 1st Ave. S., etc. Penalty. To take effect. Porters, runners, etc., must be licensed. FOOT PEDDLERS ON NICOLLET AVENUE. paid, not exceeding ninety days, and may have his license declared forfeited. SEC. 44. All ordinances and parts of ordinances conflicting with any provision of this ordinance are hereby repealed. SEC. 45. This ordinance shall take effect and be in force from and after its publication. FOOT PEDDLERS ON NICOLLET AVENUE. An Ordinance Regulating Foot Peddlers Doing Business in the City of Minneapolis. (Passed Feb. 26, 1897. Approved March 3, 1897. Published March 6, 1897, in The Minneapolis Times, 23 C. P. 95. As amended July 5, 1899, 25 C. P. 351.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. It shall be unlawful for any foot peddler to practice or exercise his vocation or sell, vend or dispose of any fruit, goods, wares or merchandise on Hennepin avenue, Nicollet avenue or First avenue south, between Washington avenue and Seventh street, or upon Seventh street, Sixth street, Fifth street, Fourth street, Third street, or Washington avenue, between Hennepin avenue and First avenue south, in said City of Minneapolis. (As amended July 5, 1899, 25 C. P. 351, 352.) SEC. 2. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or by imprisonment until such fine is paid not exceeding ninety (90) days. SEC. 3. This ordinance shall take effect and be in force from and after its publication. PORTERS, RUNNERS, AGENTS AND SOLICITORS. An Ordinance to Regulate and Restrain Porters, Runners, Agents and Solicitors for Boats, Vessels, Stages, Cars, Public Houses or Other Establishments Within the City of Minneapolis. (Passed July 12, 1895. Approved July 19, 1895. Published July 23, 1895, in The Penny Press, 21 C. P. 353. As amended May 31, 1897, 23 C. P. 293; Nov. 6, 1897, 23 C. P. 605; March 31, 1898, 24 C. P. 133; Oct. 6, 1898, 24 C. P. 523; May 4, 1900, 26 C. P. 145.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That no person shall, upon any public street, alley or public grounds within the City of Minneapolis, act as porter, runner, MINNEAPOLIS LICENSE ORDINANCES. 671 PORTERS, RUNNERS, AGENTS AND SOLICITORS. agent or solicitor for any boat, vessel, stage, car, public house or other establishment operated either for the accommodation of the traveling public or for the carrying on of any lawful business, or in any manner, upon any public street, alley or public grounds within the City of Min- neapolis, ask or solicit the patronage or custom of any traveler or other person for any such boat, vessel, stage, car, public house or other establishment without first having obtained a license so to do. be how obtained. SEC. 2. Any person of good moral character, on application who may to the City Comptroller, accompanied with a receipt from the City License, Treasurer to the effect that such person has paid to said City Treasurer the sum of Two Hundred Dollars as the annual amount to be paid Fee. for a license to do and perform the business of such porter, runner, agent or solicitor, shall be entitled to a license for such purpose. (As amended May 4, 1900, 26 C. P. 145.) of license. SEC. 3. Each and every license hereafter granted and issued Expiration under the provisions of this ordinance shall expire on the first Monday of May, next following the granting and issuance of the same, and all such licenses, the application for which shall be made after the commencement of any license year, shall be issued for the period from the date of the application therefor to the first Monday of May next following the issuance of the same upon the payment by the applicant for any such license of a proportionate part and amount of the annual license fee herein established and required for the same. 14 - SEC. 4. The owner or proprietor of any boat, vessel, stage, car, public house or other establishment specified in section one hereof, who shall have obtained a license for any porter, runner, agent or solicitor in his employ, may, at his option, have such license revoked and be entitled to another license for the remaining portion of the year for which such license shall have originally been granted, without paying an additional charge or fee therefor: mayor.coun- Provided, that no such license shall be changed or transferred to Consent of any other boat, vessel, stage, car, public house or other establishment cil, when. without an order from the Mayor or the City Council for that purpose first had and obtained. Period for issued. which Pro rata payment of license fee. Revocation of license at option of licensee. New license, no addi- tional fee. porter, etc. SEC. 5. That each and every porter, runner, agent or solicitor Badge of for any boat, vessel, stage, car, public house or other establishment specified in section one hereof, to whom a license is granted in con- formity with the requirements of this ordinance shall receive from the City Comptroller, a badge, on which shall be inscribed his number and proper descriptive words, which badge shall be worn by any such Description. licensee while engaged in the occupation for which he may be licensed, upon the breast of his outside coat or upon the front of his hat or cap, where conspicuously exposed so as not to be hidden either by design or acci- worn. dent. Unlawful to solicit busi- ness, where. SEC. 6. It shall be unlawful for any porter, runner, agent or solicitor to carry on his business as such porter, runner, agent or ness, solicitor or to in any manner act in that capacity, or to ask or solicit patronage or custom of any traveler or other person for any boat, ves- sel, stage, car, public house or other establishment specified in section one hereof, upon any of the following places or streets in the City of Minneapolis, to-wit: A 1 672 MINNEAPOLIS LICENSE ORDINANCES. Depots, etc. Exception. High street, etc. Washington Ave., etc. Nicollet Ave. (6) Washington avenue, between Nicollet avenue and Third avenue south. (As amended May 31, 1897, 23 C. P. 293.) Nicollet avenue between the northeast line of Second street and Washington avenue. (As amended Nov. 6, 1897, 23 C. P. 606.) Nicollet avenue, between the northeast line of Washington avenue and Seventh street. (As amended March 31, 1898, 24 C. P. 133.) (7) First avenue south between Second street and Washington avenue. (As amended May 31, 1897, 23 C. P. 293.) SEC. 7. No porter, runner, agent or solicitor shall at any time or place when engaged in his employment, make any unusual noise or disturbance, or make use of profane, obscene or boisterous language, or follow up, touch or take hold of any person, or of any person's bag- gage without the consent of such person expressly given, or vex, or baggage, etc. disturb, or interfere with, or harass or annoy any person or persons or passing along or in the public streets of said city. First Ave. S. Disturb- ances-use of profane language, etc. Not to take hold of Violation. Penalty. Repeal of ordinances. To take effect. PORTERS, RUNNERS, AGENTS AND SOLICITORS. (1) The depots or stations, or depot or station grounds, plat- forms or other buildings of any railroad company; provided that noth- ing herein contained shall apply to any ticket agent or passenger solicitor of any steam railway company acting as such upon premises owned and exclusively occupied by such company. (2) High street, between Nicollet avenue and First avenue. south; Hennepin and Nicollet avenue, between Second street and the Mississippi river. Hennepin avenue between the northeast line of Second street and the northeast line of Washington avenue. (As amended Oct. 6, 1898, 24 C. P. 523.) (3) Washington avenue, between Third avenue south and Fifth avenue south; Third avenue south, between Washington avenue and Second street. (4) avenue north. Washington avenue, between Third avenue north and Fifth (5) Washington avenue, between Ninth avenue south and Elev- enth avenue south. SEC. 8. Any such person who shall violate any section or any clause or provision of any section of this ordinance, or shall fail to perform any act or thing required hereby, shall, on conviction before the Municipal Court in the City of Minneapolis, pay a fine of not less than ten (10) nor more than one hundred dollars ($100) or shall be imprisoned until such fine is paid, not exceeding ninety (90) days. SEC. 9. All ordinances and parts of ordinances, licensing, regu- lating or restraining porters, runners, agents or solicitors for boats, vessels, stages, cars, public houses or other establishments, within the City of Minneapolis, are hereby repealed. SEC. 10. This ordinance shall take effect and be in force from and after its publication. 1 MINNEAPOLIS LICENSE ORDINANCES. 673 PAWNBROKERS, JUNK DEALERS, ET AL. WAGON AND PUSH-CART PEDDLERS. An Ordinance Regulating Wagon Peddlers and Push-Cart Ped- dlers Doing Business Within the City of Minneapolis. Published (Passed May 24, 1895. Approved May 28, 1895. May 31, 1895, in The Minneapolis Times, 21 C. P. 268. As amended Aug. 1, 1895, 21 C. P. 399.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. It shall be unlawful for any wagon peddler or push- cart peddler duly licensed under and pursuant to the provisions of an ordinance of the City of Minneapolis regulating licenses in said city, approved April 29th, 1887, as subsequently amended, except wagon peddlers and push-cart peddlers vending sandwiches at night, to practice or exercise his vocation within the following described ter- ritory in said city: PAWNBROKERS, JUNK DEALERS, ET AL. An Ordinance Regulating Pawnbrokers, Dealers in Second Hand Goods and Junk Dealers, in the City of Minneapolis. unlawful. Commencing on the west bank of the Mississippi river at the in- Where tersection of the north line of Second avenue north extended; thence southwesterly along the north side of said Second avenue north to Seventh street; thence southeasterly along the south side of said, Sev- enth street to Third avenue south; thence northeasterly along the east side of said Third avenue south extended to the west bank of the Mississippi river; thence to the point of beginning. (As amended Aug. 1, 1895, 21 C. P. 399.) SEC. 2. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court of the City of Minneapolis, be punished by a fine of not less than ten dollars nor more than one hundred dollars, or be imprisoned until such fine is paid not exceeding ninety days. SEC. 3. All ordinances and parts of ordinances inconsistent with Inconsistent the provisions of this ordinance are hereby repealed. ordinances repealed. SEC. 4. This ordinance shall take effect and be in force from and To take after its publication. effect. (Passed July 10, 1891. Approved July 15, 1891. Published July 20, 1891, in The Minneapolis Times, 17 C. P. 330, 331. As amended Sept. 1, 1891, 17 C. P. 465.) Wagon or push cart unlawful. Exception. push-cart peddling bounded by District 2nd Ave. N., Seventh St., and Missis- 3rd Ave. S. sippi river. Penalty. The City Council of the City of Minneapolis do ordain as follows: defined. SECTION 1. Any person who loans money on deposit or pledge Pawnbroker of personal property, or other valuable thing, or who deals in the pur- chasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession 674 MINNEAPOLIS LICENSE ORDINANCES. Pawnbrokers second-hand dealers. To keep record of goods pawned, etc. Books to contain what. Inspection by mayor or police. Copy of book to be furnished chief of po- lice daily. Exception. Period for redemption. Property not to be sold or redeemed within 48 hours. No sale or redemption allowed upon notice from chief of police, etc. Exception of time. Transaction of business not allowed, when. PAWNBROKERS, JUNK DEALERS, ET AL. of the property or any part thereof so mortgaged, is hereby defined and declared a pawnbroker. SEC. 2. Every person who shall be engaged in the business of pawnbrokers as above defined, or dealers in second-hand goods, or junk dealers, shall keep a book, in which shall be fairly written in ink, at the time of each loan or purchase, an accurate account or de- scription, in the English language, of the goods, article or other thing pawned, pledged or purchased, the amount of money loaned or paid therefor, the time of the receipt of the same, the name, residence and description of the person pawning, pledging or selling the same. Which book, as well as the article pawned or purchased, shall at all reasonable times be open to the inspection of the Mayor or any mem- ber of the police force. SEC. 3. It shall be the duty of every such pawnbroker, dealer in second-hand goods or junk dealers, to make out and deliver to the Chief of Police, every day before the hour of twelve m., a legible and correct copy, from the book required in section two hereof, of all per- sonal property, or other valuable things, received or deposited or pur- chased during the preceding day, together with the time when received or purchased, and a description of the person or persons by whom left in pledge, or from whom the same were purchased. Provided, that no person shall be required to furnish such descrip- tion of any property purchased from private residences, manufactures or wholesale dealers, having an established place of business, or of goods purchased at open sale from any bankrupt stock, or from any other person doing business and having an established place of busi- ness in the city. But such goods must be accompanied by a bill of sale, or other evidence of open or legitimate purchase and must be shown to the Mayor or any member of the police force when de- manded. Any person pledging an article shall have six months to redeem the same before the pledge becomes forfeitable. SEC. 4. No personal property received on deposit or purchased by any such pawnbroker, dealer in second hand goods or junk dealer, shall be sold or permitted to be redeemed from the place of business of such person for the space of forty-eight hours after the copy and statement required to be delivered to the Chief of Police shall have been delivered as required by section three of this ordinance. (As amended Sept. 1, 1891, 17 C. P. 465.) And whenever the Chief of Police, or any member of the police. force designated by the Chief of Police, shall notify any such dealer or dealers not to sell any property so received on deposit or pur- chased by them, or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed until such time as may be determined by such Chief of Police or member of the police force designated by the Chief of Police, so requiring them to be held. SEC. 5. The time between 12 p. m. on Saturday and 12 p. m. on Sunday shall not be considered in the enforcement of this ordi- nance; nor shall any property be received as a pledge or purchase by any dealer mentioned in this ordinance between those hours. MINNEAPOLIS LICENSE ORDINANCES. 675 PAWNBROKERS, JUNK DEALERS, ET AL. License to be obtained- SEC. 6. Every person who shall engage in the business of a pawnbroker as in section one defined, or as a dealer in second hand when. goods or as a junk dealer, in the City of Minneapolis, shall before en- gaging in such business, obtain from said city a license agreeably to the ordinance pertaining to licenses in said City of Minneapolis. pawnbroker. an SEC. 7. Before any person shall receive a license for doing busi- Bond of ness as a pawnbroker, as in section one defined, he shall file with the City Comptroller a bond, with at least two sureties, to be approved by the said City Comptroller, in the sum of five thousand dollars; and Amount. before any license shall be issued to any person for doing business as a dealer in second hand goods or as a junk dealer having established place of business, he shall file with the City Comptroller a bond in the sum of one thousand dollars, with at least two sureties to be approved by the said City Comp- troller; and before any license shall be issued to any person for Bond of doing business as a junk peddler or junk dealer having no established junk peddler. place of business, he shall file with the City Comptroller a bond in the sum of one hundred dollars, with at least two sureties to be Amount. approved by the said City Comptroller; all such bonds to be con- Condition ditioned that the principal named therein will observe the ordinances of bonds. of said city in relation to pawnbrokers, dealers in second hand goods and junk dealers, and conduct his business in conformity thereto, and that he will account for and deliver to any person legally entitled thereto, any goods, wares or merchandise, article or thing, which may have come into his hands through his business as such pawn- broker, dealer in second hand goods or junk dealer, or in lieu thereof will pay in money to such person or persons the reasonable value thereof. The City Comptroller shall keep a record of the number, Record of name and place of residence of all persons to whom a license shall be issued to do business as a junk peddler or junk dealer having no established place of business; and every such junk peddler or junk dealer having no established place of business shall at all times while engaged in business as such peddler or dealer wear in a conspicuous. place on his hat or cap a badge at least four inches long and two Badge of inches wide, upon which shall be inscribed his number and the words dler, etc. "junk peddler" or "junk dealer," as the case may be, and the year Description. for which his license is issued, and shall also have his written license with him for inspection when so engaged in business. No junk carried, dealer or peddler shall purchase any goods, wares, merchandise, article or thing from minors. (As amended Sept. 1, 1891, 17 C. P. 465.) from minors. SEC. 8. No person or persons shall hereafter exhibit and main- Pawnbrok- tain any sign usually known as a pawnbroker's sign, such as "three to be balls," or any number of balls, or in any manner advertise to loan without money on deposit, or pledge of personal property or other valuable license. thing, without first having obtained from said City of Minneapolis a license agreeably to and in conformity with this ordinance. licenses issued. junk ped- License to be when. No purchases er's sign not exhibited second-hand Bond of dealer, etc., amount. ordinance. SEC. 9. Every pawnbroker, agent or other dealer mentioned in Violation of this ordinance, who shall violate, neglect or refuse to comply with any of the provisions of this ordinance, shall for every such offense be fined in a sum of not less than ten, nor more than one hundred dollars, and in case of default in the payment of such fine, may, in Penalty. 676 MINNEAPOLIS LICENSE ORDINANCES. Inconsistent ordinances repealed. To take effect. License required. Application for license. License fee. Bond- amount. License fee for hiring women. License issued for portion of year, when, Payment of pro rata fee. Employment office not to be in sa- loons, etc. . INTELLIGENCE OFFICES, ETC. the discretion of the court, be imprisoned in the work house for a period of not more than ninety days. SEC. 10. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. SEC. II. This ordinance shall take effect and be in force from and after its publication. INTELLIGENCE OFFICES, ETC. An Ordinance to License and Regulate All Keepers of Intelligence or Employment Offices as Well as All Persons Doing the Business of Seeking Employment for Others, or Procuring or Furnishing Employes for Others. (Passed Feb. 28, 1890. Approved March 1, 1890. Published March 8, 1890, in the Minneapolis Tribune, 16 C. P. 104. As amend- ed May 3, 1892, 18 C. P. 207; May 26, 1897, 23 C. P. 266; April 29, 1901, 27 C. P. 171.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person shall engage in the business of keeping an employment bureau or office or agency for the purpose of hiring men to work for others, or to do the business of seeking employment for others, or for procuring or furnishing an employe or employes for others, or another, within the limits of the City of Minneapolis, without first having obtained a license so to do, as hereinafter pro- vided. SEC. 2. Any person who desires to engage in said business may apply to the City Council of said city for such license, and, upon paying into the treasury of said city the sum of one hundred ($100.00) dollars, and upon executing and delivering to said City Council a bond in the penal sum of ten thousand ($10,000.00) dollars, with sufficient sureties, to be approved by said City Council, he shall be entitled to such license. Provided, that any person who desires to engage in the business of securing and hiring women only to work for others shall pay into the treasury of said city the sum of $10, instead of $100, as above provided. (As amended May 26, 1897, 23 C. P. 266.) Provided, that any such license, the application for which shall be made after the commencement of any license year, shall be issued for the period from the date of the application therefor to the first Monday in May next following the issuance of the same, upon the payment by the applicant for any such license of a proportionate part and amount of the annual license fee by this ordinance established and required for the same, and the giving of a bond as by this sec- tion required. (As amended May 3, 1892, 18 C. P. 207.) And provided further, that no intelligence or employment office, or agency, or business of seeking employment for others or procur- ing or furnishing employes for others, shall be conducted or carried on in any saloon or other place where intoxicating liquors and bever- C • MINNEAPOLIS LICENSE ORDINANCES. INTELLIGENCE OFFICES, ETC. ages are sold, or in any room or building connected with a saloon or place in which such liquors and beverages are sold. (As amended April 29, 1901, 27 C. P. 171.) ! 677 SEC. 3. The bond shall run to the State of Minnesota, and shall Bond. be conditioned for the payment of any damage which any person Conditions. secured or engaged to labor for others by the obligor may sustain by reason of any unauthorized act, fraud or misrepresentation on the part of such agent, for such hiring. The bond shall be filed with Filing same. the City Clerk if approved by the City Council. for license. SEC. 4. Any person desiring a license under this ordinance shall Application file with the City Clerk of said City of Minneapolis an application in writing designating the place where such business is to be carried on, with the name of the applicant signed thereto, which applica- tion shall be by the City Clerk referred to the City Council at its first meeting thereafter, and the City Council shall, at such meeting or some subsequent meeting, pass upon such application and by resolution accept such application and authorize the issuance of the Issuance, license thereunder. No license shall be issued unless the same is authorized. authorized by the City Council as aforesaid. how Filing what to contain. Referred to council. to issue when. SEC. 5. Whenever an applicant for such license shall present to Comptroller the Comptroller of said city a copy of the resolution authorizing the license, issuance of a license to him, certified by the City Clerk of said city, together with the receipt of the City Treasurer of said city for said license fee, and a certificate of the City Clerk that the bond has been duly filed, said applicant shall be entitled to a license to keep and carry on an intelligence or employment office or bureau, or do or exercise the business of seeking employment for others or another, or procuring or furnishing employes for others or another, for which he may have paid such license fee. bond. SEC. 6. Any person hired or engaged to work for others by Actions on one so licensed as aforesaid, who shall fail to get employment accord- ing to the terms of such contract of hire or engagement, by reason of any unauthorized act, fraud or misrepresentation on the part of such agent, may bring an action upon said bond and may recover in such action against the principal and sureties the full amount of his damages sustained by reason of such unauthorized act, fraud or misrepresentation, together with the costs and disbursements in such action. Recovery, for what. Record kept in book to be office. What to contain. SEC. 7. Every person who shall be so licensed shall keep in his office or place of business a book in which shall be entered in consecutive and chronological order in writing or printing, or partly in writing or partly printed, in the English language, the contracts be tween such licensee and the persons for whom such licensee is author- ized to hire or furnish employes; which said contracts shall specify Contracts. the kind of services required, the term or duration of employment; the place where such services are to be performed; the price or wages to be paid therefor; the number of employes that such licensee is authorized to hire or employ for such person, and the time when such licensee's said contract with said person will expire. Said con- tract shall be signed by such licensee and the true name and ad- How signed. dress of the person for whom such licensee hires or employs such employe. 678 MINNEAPOLIS LICENSE ORDINANCES. Entries in book. Book open to inspec- tion. Certified copy of contract. Form of certificate. Failure to comply, prima facie evidence of fraud. Revocation by council, when. Licenses ex- pire, when. Penalty. Inconsistent ordinances repealed. To take effect. INTELLIGENCE OFFICES, ETC. Whenever such licensee hires, employs or furnishes an employe pursuant to any such contract, he shall at the time of such employ- ment enter in writing in said book under said contract, the true name of such employe, the date and duration or term of such employ- ment, the kind of services, where such services are to be performed, the wages to be paid therefor, and for whom employed. Which said book shall at all reasonable times be open to the in- spection of the Mayor or any member of the police force and all other persons interested. It shall be the duty of such licensee to fur- nish to each and every person so hired or employed, at the time of said employment, a certified copy of said contract and record signed by such licensee in the presence of two disinterested witnesses. Said certificate shall be written or printed, or partly written and partly. printed, in the English language, upon the back of said copy, and may be in the following form: doing business at. I (or we) hereby certify that I (or we) have carefully com- pared the within contract and record with the original now of record in my (or our) office; that the same is a true and correct copy thereof. I (or we) hereby further certify that pursuant to said contract I (or we) as authorized agents of.... .. residing or ..in the state of.. ..have this day employed for him (or them).. (name of employe) to work at... (state here the kind of services) for the period of (here state the place where services are to be performed) for the price or sum of... ..dollars (here state the wages to be paid and whether by day, week or month.) Dated, Minneapolis. ... 1890. .at. • (Sign name of licensee here.) A failure or neglect of such licensee to strictly comply with any of the provisions of this section shall be taken as prima facie evidence in any proceeding, civil or criminal, against such licensee, under the provisions of this ordinance, that such licensee's hiring or employ- ment of such employe is unauthorized and fraudulent. SEC. 8. Any license issued under the provisions of this ordi- nance may be revoked by the City Council by resolution at any time after the issuance thereof, when in their opinion such licensee is not properly conducting the business for which he was so licensed. SEC. 9. All licenses under this ordinance shall expire on the first Monday in May next after being issued. SEC. 10. Any persons violating any provisions of this ordi- nance shall upon conviction thereof, be punished by a fine not ex- ceeding one hundred ($100.00) dollars, or be imprisoned until the same is paid, not exceeding ninety (90) days. SEC. II. All ordinances or parts of ordinances inconsistent here- with are hereby repealed. SEC. 12. This ordinance shall take effect and be in force from and after May 1st, 1890. dan MINNEAPOLIS LICENSE ORDINANCES. 679 THEATERS. THEATERS. An Ordinance to License and Regulate Theaters and Theatrical Performances in the City of Minneapolis, (Passed Nov. 27, 1903. Approved Dec. 3, 1903. Published Dec. 5, 1903, in The Daily Times, 29 C. P. 633.) The City Council of the City of Minneapolis do ordain as follows: for license. SECTION I. No person, persons, company, or corporation, shall engage in the business of keeping, maintaining, conducting or operat- ing any theater or place for theatrical performances in the City of Minneapolis without first paying the license fee and obtaining a license therefor, as herein provided. SEC. 2. Any person, persons, company or corporation desiring Application to engage in the business specified in section I hereof, may file with the City Clerk of the City of Minneapolis an application in writing, designating the place where such business is to be carried on, with the name of the applicant signed thereto, which application shall be by the City Clerk presented to the City Council at its first meeting Presentation thereafter, and the City Council shall at the same or any subsequent meeting thereof pass upon such application and may by resolution, authorize in its discretion, authorize the issuance of such license to the appli- No license cant therefor. No such license shall be issued unless the same is to issue unless authorized by the City Council, as aforesaid. authorized. to council. Council to License fee. SEC. 3. The sum of $150 is hereby fixed and established as an annual license fee for such license. All licenses issued under this ordinance shall be for a period terminating on the first Monday in May next following the issuance of the same. Upon the payment into the city treasury by such applicant or applicants of said license fee of $150, or, in case application for such license is made after the first Monday in May, upon the payment of such part and portion of said license fee as shall be proportionate to the portion of the year for which such license shall be issued, and upon the presenta- tion by such applicant or applicants to the City Comptroller of a copy of the resolution adopted by the City Council (and) authorizing the issuance of such license to him or them, certified by the City Certified Clerk of said city, together with the receipt of the City Treasurer of said city for said license fee, the City Comptroller shall issue to such applicant or applicants the license authorized and directed to be issued by such resolution. SEC. 4. No license shall be issued or authorized to be issued to any person, persons, company or corporation for engaging in the business of keeping, maintaining, conducting or operating any theater or place for theatrical performances in any building, portion of a building or place in or adjacent to any building or place in the City of Minneapolis wherein and whereat intoxicating liquors of any kind are sold or licensed to be sold. required to Theaters be licensed. Expiration of license. Payment of license fee. copy of resolution, Treasurer's receipt. Comptroller to issue license. No license to be issued theater in to a sa- for any or adjacent loon, etc. Revocation SEC. 5. Any and all licenses issued under and pursuant to the of licenses. provisions of this ordinance may be revoked, as provided by Section 15, Chapter 4, of the City Charter. 680 MINNEAPOLIS LICENSE ORDINANCES. Penalty for violation of ordinance. To take effect. Liquor not to be sold without license. License not to be issued to whom. Minors. Persons convicted under ordinance. Persons whose license has been revoked. Persons not superintend- ing business. Agents for others. Owners of another license. SALE OF INTOXICATING LIQUORS. SEC. 6. Any person, persons, company or corporation who shall violate any of the provisions of this ordinance shall, upon convic- tion thereof before the Municipal Court of the City of Minneapolis, be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment until such fine is paid, not to exceed ninety (90) days. SEC. 7. This ordinance shall take effect and be in force from and after its publication. SALE OF INTOXICATING LIQUORS. An Ordinance to License and Regulate All Persons Vending, Deal- ing in, or Disposing of Spirituous, Vinous, Fermented or Malt Liquors, and Repeal Ordinances Regulating the Same. (Passed March 29, 1889. Approved April 1, 1889. Published April 3, 1889, 15 C. P. 131. As amended Feb. 16, 1892, 18 C. P. 57; July 3, 1894, 20 C. P. 437; Aug. 29, 1903, 29 C. P. 488; March 22, 1904, 30 C. P. 105; Jan. 28 and Feb. 28, 1905, 31 C. P. 61, 97.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person shall sell, vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors or beverages for any use or purpose whatever, in or at any building or other place with- in the limits of the City of Minneapolis, without first having ob- tained a license therefor, in the manner herein provided. SEC. 2. No person shall be licensed to sell, vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors or bev- erages for any use or purpose whatever, in or at any building or other place within the limits of the City of Minneapolis. Who is under twenty-one years of age. I. 2. Who has been convicted of a violation of any provision of this ordinance or laws of the State of Minnesota, regulating the sale of intoxicating liquors, within one year last past before the date of his application for such license. 3. Who has been licensed under the terms of this ordinance, and whose license has been revoked by the Mayor, City Council or municipal court of the City of Minneapolis, under section 16, chapter 4, of the charter of the City of Minneapolis, within one year last past, before the date of his application for such license. 4. Who does not intend to superintend in person the manage- ment of the business licensed, and who will not, when so licensed, so superintend in person the management of the business so licensed. 5. Who does not intend to carry on such business for himself, and not as agent of any other person, and who will not, when so licensed, so carry on such business for himself, and not as agent for any other person. 6. Who is at the time of making his application for such license the owner of or licensee named in a license issued under this ordi- nance. MINNEAPOLIS LICENSE ORDINANCES. 681 SALE OF INTOXICATING LIQUORS. 7. Who intends, if licensed, to carry on his business, or who will when so licensed carry on his business within four hundred feet of any public school building, or within two hundred feet of any public park or parkway. 8. Who intends, if licensed, to carry on his business, or who will when so licensed carry on his business, in or adjacent to any building wherein theatrical or variety entertainments of any kind are at the time of the application for such license, or may thereafter be conducted or carried on, provided that this provision shall not apply to theatrical entertainments given by persons who do not engage in such entertainments or employments as a profession or as an occu- pation. SEC. 3. Any person desiring a license to sell, vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors, or bev- erages in said City of Minneapolis, shall make an affidavit and file. the same with the City Clerk, in which affidavit said person shall state fully and explicitly I. neapolis. 2. The exact location of the building and of the room or rooms in the building in which the business, if licensed, is to be carried on, which shall include the number and street or avenue. 3. Whether or not he is the owner of or licensee named in any such license then in force. 4. Whether or not he has been convicted of a violation of any provision of this ordinance or of the laws of the State of Minnesota within the year last past before the date of such affidavit. 5. Whether or not within one year last past before the date of such affidavit he has owned or been the licensee named in any such license which has been revoked. His full name, age, place of residence in the City of Min- Contents. 6. Whether or not he intends to superintend, in person, the management of the business licensed, and whether or not, if so licensed, he will so superintend in person the management of the business so licensed. 7. Whether or not he intends to carry on such business for himself, and not as an agent of any other person, and whether or not, if so licensed, he will carry on such business for himself and not as the agent of any other person. 8. Whether or not the room or rooms where he intends to and will, if licensed, carry on such business, is within four hundred feet of any public school building or within two hundred feet of any public park or parkway. 9. Whether or not the room or rooms where he intends to and will carry on his business, if licensed, are in or adjacent to any building wherein theatrical or variety entertainments of any kind are then or will thereafter, during the time said license shall run, be conducted or carried on by any person or persons whose profes- sions or occupations it is to conduct or carry on said theatrical or variety entertainments. 10. Whether or not said room or rooms where he intends to and will carry on his business, if licensed, is within that territory of within 400 Saloons feet of schools, etc. Buildings in those where- or adjacent in are theatricals, etc. Exception. Affidavit to filed. be made and 682 MINNEAPOLIS LICENSE ORDINANCES. Contents. Bond. Sureties. Amount. Conditions. Surety to be on one bond only. Application -filing. Publication fee. City Clerk to publish notice. Hearing, etc. Several applications in one notice. Objections to granting license. Adjournment of hearing. City Clerk's certificate. SALE OF INTOXICATING LIQUORS. said City of Minneapolis where by law the sale of intoxicating liquors. may be licensed. II. That he makes the affidavit for the purpose of applying for a license to sell, vend, deal in or dispose of spirituous, vinous, fer- mented and malt liquors and beverages at the room or rooms named by him in the affidavit, and that he consents that if any fact therein stated to be a fact is untrue, false or substantially incorrect, the license granted thereon may be revoked and that neither the money paid. therefor nor any part thereof shall be refunded to him. SEC. 4. In addition to the affidavit above required, said appli- cant for such license shall also file with the City Clerk of said city a bond with two or more sureties, who shall be freeholders of the county and who shall justify in twice the amount of said bond, to be ap- proved by the City Council of said city, in the penal sum of two thousand dollars ($2,000), conditioned that the said person so licensed. will not sell or otherwise dispose of any intoxicating liquors at any place other than the room named in such license, nor on the Sabbath, nor on any general or special election day, and that he will keep a quiet and orderly house, and not permit gambling with cards or with any other means or device for money or its representative, or other thing of value in the house or place of business of such person, and will not sell, barter, give away or otherwise furnish or dispose of such liquor to any minor person or to any pupil or student in any public school, academy, seminary or other institution of learning, nor to any intemperate person nor habitual drunkard. No person shall be accepted as surety on any such bond who is already on any other bond given pursuant to the provisions of this section. SEC. 5. Whenever an applicant for license shall so file said affidavit and bond, together with a written application there for desig- nating the place where such business is to be carried on, together with the sum of one dollar ($1) for the payment of the publication of the notice thereof, and if it shall appear therefrom that said ap- plicant is entitled to a license under the provisions of this ordinance, said City Clerk shall publish a notice in the official newspaper of said city once a week for two weeks, which notice shall contain the name of the applicant, a description of the premises stated in the application, and that at a time therein stated, which shall not be less than two weeks after said first publication, said application will be heard before him at a time and place therein designated. That several of such applications may be included in one notice, which shall be signed by the City Clerk. That any person may appear at the time stated for such hear- ing and object to the granting of such license. Whereupon such hearing shall be adjourned by the City Clerk to the next meeting of the City Council, who may then hear the same or adjourn the hearing of the same from time to time as they shall see fit. SEC. 6. If such application and affidavit show that said appli- cant is entitled to a license under the provisions of this ordinance and no objection is made to the granting of such license as provided in MINNEAPOLIS LICENSE ORDINANCES. 683 SALE OF INTOXICATING LIQUORS. entitled to license section five of this ordinance, or if the City Council grant such license notwithstanding such objection, said City Clerk shall certify that said applicant has complied with the terms of this ordinance and is entitled to pay for and receive a license to so sell, vend, deal in and dispose of spirituous, vinous, fermented and malt liquors and beverages at the certain room or rooms named in said affidavit; said clerk's cer- tificate shall entitle said applicant to pay to the city treasurer of said city the license fee hereinafter fixed and to have a receipt therefor Applicant from said treasurer; said clerk's certificate and treasurer's receipt shall entitle the applicant named therein to a license certificate signed by when. the comptroller of said city, which shall contain a description of the Contents of premises and room where such liquors are licensed to be sold, and recite that the person named therein has been duly licensed to sell, vend, deal in and dispose of spirituous, vinous fermented and malt liquors and beverages at the room or rooms named therein, such license to be subject to revocation as provided in this ordinance or by the charter of this city; said certificate shall thereafter during the life of said license be kept posted up in a conspicuous place in said room or rooms where said licensed business is carried on. license. SEC. 7. No license granted under this ordinance shall be assign- able. Nothing in this section contained shall be construed as prohibit- ing the executor or administrator of any deceased licensee from con- tinuing the licensed business during the time of decedent's license, subject to all the conditions of this ordinance. (As amended Aug. 29, 1903, 29 C. P. 488.) Revocation of license. Same to be kept posted, how. License not assignable. Executor business, may continue when. SEC. 8. The license fee which each person applying for such License fee. license shall pay into the city treasury before being so licensed shall be the sum of one thousand dollars ($1,000) at whatever time the same may be paid during the year, whether said applicant be a whole- sale or retail dealer. SEC. 9. That every saloon and the bar of every tavern, inn, and other place where liquors are sold by the glass or drink shall be closed and kept closed during the whole of every Sunday, and of every day of a general state or city election, and during the time of any riot or disturbance; and no persons shall sell any spirituous, vinous, fer- mented or malt liquors or beverages within the limits of said city on any Sunday, or on any day of a general state or city election before the closing of the polls, nor at any time sell or give away any such liquors or beverages to any minor or habitual drunkard; nor permit any gambling or games of chance for money or anything of value, or the representative of any thing of value, to be practiced or carried on at any time in any room or place in any building wherein any kind of liquor is retailed or sold by him, or which may be occupied, rented or under the control of any such licensed liquor dealer, or under his control; and no such licensed liquor dealer shall procure, Prostitutes. suffer or allow any common prostitute, male or female of evil name or fame, or of immodest, immoral, lewd, or lascivious conduct or behavior, or of dishonest conversation, to visit, resort to, frequent, remain in, or to be employed in his or her saloon, bar-room, or in any place wherein any kind of liquor is retailed by him or her. No Saloons to on Sundays, and riots. be closed election day, to be sold, Liquors not when. Nor given habitual drunkards. Gambling, to minors or 684 MINNEAPOLIS LICENSE ORDINANCES. No liquors to be sold between 12 midnight and 5 a. m. Nor where concerts, etc. are held. Or place connected therewith. Nor where free lunches are fur- nished, etc. Same, etc. Violation of ordinance. Sale of food, lunches, etc., not prohib- ited, when. Comptroller to keep record of licenses issued. Superintend- ent of Police to notify dealers not to sell to habitual drunkards. C SALE OF INTOXICATING LIQUORS. licensed liquor dealer shall sell, dispose of, or permit to be sold, dis- posed of or drank upon his premises any liquor of any kind between the hour of twelve o'clock midnight and the hour of five o'clock in the morning. And no licensed liquor dealer shall retail, sell, or dis- pose of, or permit to be retailed, sold or disposed of, any kind of liquor in any room, apartment or place, wherein any musical, minstrel or other concert, or any theatrical or operatic performance of any kind shall be conducted or carried on; or in any room, apartment or place, that is connected by a doorway or opening with a room, apart- ment or place wherein any musical, minstrel or other concert, or any theatrical or operatic performance of any kind shall be conducted or carried on. No such liquors or beverages shall be sold or disposed of by any such licensed liquor dealer in any room, or connected with, or opening into any room or place where a free lunch is conducted, served or offered, or where food or victuals are furnished or offered either free of charge or for a consideration materially less than the pre- vailing market price thereof, where the purpose of such furnish- ing or offering said food or victuals is to induce, advertise, encourage or procure the purchasing or drinking of such intoxicating liquors; nor shall such liquors or beverages be sold or disposed of by any such licensed liquor dealer in any room or connected with or opening into any room or place where such food or victuals is furnished in ex- change for checks or tickets issued upon any games of skill or chance, or where such food is offered or furnished by any other evasion or subterfuge whatsoever where the effect of said transaction is the furnishing of said food either free of charge or materially below the prevailing market price thereof, and the purpose whereof is the in- ducing, advertising, encouraging or procuring the purchase or drink- ing of such intoxicating liquor. The alleged sale of food or victuals by such licensed liquor dealer and the gratuitous furnishing of in- toxicating liquors in connection with or as an incident to said sale, shall be construed as a violation of this ordinance and shall be deemed in effect the furnishing of a free lunch contrary to the intent and purpose hereof. Provided, however, that nothing herein contained shall be con- strued as prohibiting the sale and serving of food, meals and lunches for a fair consideration in any such room or place where liquors are sold, where such food, meals or lunches are served in individual dishes or receptacles, and with cutlery and tableware that are steril- ized and clean and with at least one clean napkin furnished to each person so served. (As amended Feb. 16, 1892, 18 C. P. 57; July 31, 1894, 20 C. P. 437; March 22, 1904, 30 C. P. 105.) SEC. 10. The City Comptroller shall keep a record of all licenses. issued by him, stating to whom issued and for what purpose and for what length of time, and for what sum of money, and the room or rooms and place where the business is to be carried on. SEC. II. Anv father, mother, wife or child of any habitual drunkard, or any officer of said city, may make a request in writing of the Superintendent of Police that he notify all licensed liquor dealers. of said city not to sell, furnish or give such habitual drunkard any MINNEAPOLIS LICENSE ORDINANCES. 685 SALE OF INTOXICATING LIQUORS. liquors, and it shall thereupon be the duty of said Superintendent of Police forthwith to give written notice to all licensed liquor dealers of said city, forbidding them from selling or furnishing such habitual drunkard any liquors whatsoever, which notice may be served by copy by said Superintendent of Police or any police officer of said city, and after being served with such notice no dealer in said city shall in any way sell or furnish to such habitual drunkard mentioned in such notice any spirituous, vinous, fermented or malt liquors or beverages for any purpose or on any pretense. be SEC. 12. Every license granted under the provisions of this ordi- License may nance shall be issued upon the distinct understanding that such license by Mayor or may be revoked by the Mayor or by the City Council of said city at any time, and by the court, upon the conviction of the holder thereof of violation of this ordinance under the provisions of section 13 hereof, or whenever such revocation may be authorized or required by the laws of the state, and in case of revocation thereof, then the Refund if city shall refund to the holder thereof a sum of money proportional revoked. to one-half the amount of the sum paid for such license for the un- expired term thereof. By the court. Provided, however, that any owner of such license may at any time surrender it and have the same revoked by the Mayor or City Council, and upon such revocation shall be entitled to receive from the city the portion of the fee paid for such license corresponding to the unexpired term thereof upon filing with the City Clerk the cer- tificates of the Clerks of the District and Municipal Courts of this Certificates county and city that no prosecution is pending against the holder of clerks. such license for the violation of any law or ordinance regulating the sale of intoxicating liquors. (As amended Feb. 16, 1892, 18 Č. P. 57; Jan. 28, 1905, 31 C. P. 61; Feb. 28, 1905, 31 C. P. 97.) of court Surrender of turn of license fee in part. SEC. 14. The provisions of this ordinance shall not apply to pharmacists or druggists in said City of Minneapolis who shall be duly registered as such under the laws of the State of Minnesota, and who shall be actually carrying on the business of pharmacist or drug- gist, dispensing any spirituous, vinous, fermented or malt liquors in good faith for medicinal purposes, upon the written prescription of a reputable and duly licensed physician actually engaged in the practice SEC. 13. If any person shall violate any of the provisions of Penalty. this ordinance he shall, on conviction thereof before the municipal court of said city, be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) or be im- prisoned in the city prison or county jail or city workhouse for not less than thirty (30) days nor more than ninety (90) days, and the court upon such conviction, if the person so convicted shall hold a license under the provisions of this ordinance, may upon the first conviction, and upon the second conviction shall, in addition to the punishment above provided, revoke such license, as authorized and of license. required to do in section 16, chapter 4, of the city charter. Revocation for one year. After the revocation of any liquor license as above provided for, No license the person whose license is so revoked shall not be entitled to take out or receive any other license as a liquor dealer for one year from the date of such revocation. and drug- Pharmacists gists ex- cepted here- from, when. 686 MINNEAPOLIS LICENSE ORDINANCES. Druggists subject to same penal- ties, when. Physicians subject to same penal- ties, when. Conflicting ordinances repealed. To take effect. Stalls, booths, etc., in saloons prohibited. Penalty. To take effect. WINE ROOMS. of his profession but no such liquors so dispensed or disposed of shall be drank or used on the premises where obtained. SEC. 15. Any pharmacist or druggist who shall sell or dispose of in said city any spirituous, vinous, fermented or malt liquors for any purpose or in any manner other than as provided in this ordi- nance, without having a license for the sale of intoxicating liquors, shall, upon conviction thereof before the municipal court of said city, be subject to the same fines and penalties imposed by this ordi- nance upon any other person for selling intoxicating liquors with- out a license. SEC. 16. Any physician who shall in said city make or give any such prescription for any other than medicinal purposes, or who shall make or give any such prescription in said city for the purpose of evading the provisions of this ordinance, or of aiding another to avoid the same, shall, upon conviction thereof before the municipal court of said city be subject to the same fines and penalties that are imposed by this ordinance upon any other person for selling in- toxicating liquors without a license. A SEC. 17. All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. SEC. 18. This ordinance shall take effect and be in force from and after its publication. The City Council of the City of Minneapolis do ordain as follows: SECTION I. No licensed liquor dealer shall construct, build or maintain with screens, curtains or partitions of any kind any stall, booth or other inclosure of any kind in or connected with any room or place in any building wherein any kind of intoxicating liquor is sold or disposed of by such licensed liquor dealer in the City of Min- Screen inside neapolis. Provided, that nothing in this ordinance contained shall of front door. be construed to mean that a screen or partition cannot be main- tained on the inside of the front door or entrance of a saloon or bar- room. WINE ROOMS. An Ordinance Regulating All Persons Vending, Dealing in or Dis- posing of Spirituous, Vinous, Fermented or Malt Liquor in the City of Minneapolis. (Passed April 13, 1900. Approved April 17, 1900. Published April 19, 1900, in The Minneapolis Times, 26 C. P. 125.) SEC. 2. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof before the municipal court of the City of Minneapolis, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or upon default in the payment of such fine, by imprison- ment for not less than thirty (30) days nor more than ninety (90) days. SEC. 3. This ordinance shall take effect and be in force from and after July 2nd, 1900. MINNEAPOLIS LICENSE ORDINANCES. 687 DOGS, LICENSE, ETC. DOGS, LICENSE, ETC. An Ordinance Concerning Dogs. (Passed Feb. 25, 1898. Approved March 4, 1898. Published March 8, 1898, in the Minneapolis Tribune, 24 C. P. 72.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That every owner or keeper of a dog or animal of the dog kind, within the limits of the City of Minneapolis, shall cause the same to be registered, numbered, described and licensed in the office of the City Clerk of said city. Such licensing shall be for the whole or unexpired portion of the year ending on the ensuing first day license. of May: Term of Provided, that no license shall be required for a dog or animal of the dog kind while it is less than three months old. Such owner or keeper shall pay therefor to the City Clerk the sum of one (1) dollar for each male dog, and three (3) dollars for each female dog. SEC. 2. clerk. The City Clerk of said city shall, in the matter of issu- Duties of ing such licenses, perform all duties fixed by the general laws of the state. He shall, at an expense not exceeding five cents each, pro- vide and furnish for each licensed dog a metallic tag upon which Tags. he shall have stamped or engraved the register number of the dog and the year when registered; the design of such metallic tag to be changed each year. Any person who shall make, sell, purchase, possess, or shall place or allow to be placed on their dog any metallic tag of the same form, shape, or intended to be like the official tag, or shall attempt in any way to counterfeit the design adopted for such official tag, shall be guilty of a misdemeanor. = In case the said metallic tag is lost or stolen, after having been regularly issued as herein provided, the owner or keeper of a dog, upon presenting and surrendering to the City Clerk the license or receipt issued when the dog was registered, numbered, described and licensed, as herein provided, shall receive a duplicate tag and a dupli- cate license upon the payment of twenty-five cents (25c) to the City Clerk, which said duplicate license shall be registered, numbered, de- scribed and issued as the original license. Dogs re- registered, etc. quired to be and licensed, No license, when. License fees. Counterfeit and use of. tags, making Tags lost or stolen. Surrender of license, etc. tag and Fee. license.- But no person shall be granted a duplicate tag and license unless the original tag has actually been lost or stolen, and the City Clerk may, before issuing such duplicate tag and license, require an affidavit Affidavit. to be made and furnished by such applicant for a duplicate license and tag, setting forth the fact that such tag has been lost or stolen and is not at the time in their possession. No duplicate, when. moneys. SEC. 3. The City Clerk shall pay over monthly to the Police License Department Relief Association the portion of license fees received by him belonging by law to such association, and shall pay over the Payment to balance of such fees, together with all moneys received for the re- urer, etc. leasing of dogs from the dog pound, monthly to the City Treasurer. Treas- SEC. 4. There shall be included in the annual appropriation for Dog the police department sufficient appropriation to pay the expense of Pound. 688 MINNEAPOLIS LICENSE ORDINANCES. Annual ap- propriation for. Collar and tag. Dogs not to run at large, when. Lawful to kill dogs, when. Vicious dogs. Killing law- ful, when. Female dogs. Not to run at large, when. Killing law- ful, when. Mayor may require dogs to be muzzled. Violation of ordinance. Duty of police officers to enforce ordinance. Kill dogs, when. Report dogs running at large. License to be exhibited. Dog License Inspector. Duties DOGS, LICENSE, ETC. maintaining the dog pound hereinafter provided for, and employing persons and teams to capture and convey dogs to such pound, as hereinafter provided, and other expenses incident to the enforcement of this ordinance. SEC. 5. Every owner or keeper of a dog or animal of the dog kind, within said city, shall place and keep around the neck of the dog or animal owned or kept by him, a collar, on which shall be securely fixed the metallic tag above mentioned. SEC. 6. No person having the custody or control of any dog or animal of the dog kind shall permit the same to go upon any street in said city or to run at large within the limits of said city unless it wears the collar and tag above described. SEC. 7. It shall be lawful for any person to kill or destroy any dog or animal of the dog kind found running at large within the limits of said city contrary to the provisions of this ordinance. SEC. 8. No person shall keep or suffer to be kept on his premises, or on premises occupied by him, within said city, nor permit nor suffer to run at large in said city or on any street thereof, any dog of a ferocious or vicious character, habit or disposition. And it shall be lawful for any person to kill or destroy any such animal if found in any street at large in said city. SEC. 9. No owner or keeper of a female dog shall permit or suffer the same to run at large, or be in any street, alley or public place in said city while the same is in heat, and it shall be lawful for any person to kill or destroy such female dog if so found running at large in said city. SEC. 10. The Mayor of said city may, by order and notice. published three days in succession in the official paper of said city, require that all dogs running at large in the streets of the city be muzzled in such manner as the notice may prescribe, until the order is revoked. Any person having the care or control of a dog within said. city, whether the owner or keeper or otherwise, who shall refuse or neglect to comply with such order, shall be guilty of a violation of the terms of this ordinance. It shall be the duty of the police officers of the city and the police department to enforce the provisions of this ordinance and to kill or cause to be killed all dogs kept within the city or running at large within the city contrary to the provisions of this ordinance. And it shall also be the duty of every police officer of said city to from time to time report to the Chief of Police or police headquarters all dogs running at large upon or within the territory which he is assigned for patrol duty, which are not properly licensed and tagged, or which are existing contrary to the provisions of this ordinance. It shall be unlawful for any person to refuse to exhibit his license or receipt to any police officer when requested so to do. SEC. II. The Mayor is hereby authorized to appoint or desig- nate a police officer to be detailed as dog license inspector. It shall be the duty of such officer while detailed to act as dog license in- spector to enforce the provisions of this ordiance and report all dis- eased dogs to the Commissioner of Health and perform such duties. MINNEAPOLIS LICENSE ORDINANCES. 689 A DOGS, LICENSE, ETC. in connection with the enforcement thereof as the Mayor or Super- intendent of Police may direct. SEC. 12. The Superintendent of Police, under the direction of the Mayor, is hereby authorized to employ, at such times as he may deem necessary, persons and teams for the purpose of capturing and conveying to a dog pound all dogs not properly licensed, collared and tagged. SEC. 14. The Dog License Inspector shall keep an accurate ac- count of all dogs received at the dog pound, and of all dogs killed or released therefrom. SEC. 15. Whenever any dog within the City of Minneapolis shall have bitten any person, or have been reported to the Commis- sioner of Health, as provided in section eight (8) of this ordinance, or by any other person, if the Commissioner of Health of the City of Minneapolis shall so request, it shall be the duty of the Dog License Inspector, and he is hereby authorized to take such dog to the dog pound and there keep such dog for such time as said Commissioner of Health may request, to give such Commissioner of Health an opportunity to determine whether such dog is diseased, and no dis- eased dog shall be killed until so ordered by the Commissioner of Health. Employment dog catchers. of teams and dogs, when. Such persons and teams so employed shall act under the super- vision of a police officer or officers to be detailed by the Mayor to accompany such persons while sc capturing dogs. All dogs con- veyed to the dog pound shall be kept, with kind treatment and sufficient food and water for their comfort, at least three days, un- less sooner reclaimed by their owners, as herein provided. In case Release of the owner of any dog shall desire to reclaim him from the dog pound, such dog may be released from the dog pound upon the payment by such owner of the sum of one dollar, which shall be for the releasing Fee. of such dog from the dog pound, and upon the further payment of the regular license fee required for such dog. Said payments to be made to the Dog License Inspector, in return for which he shall receive from the Dog License Inspector a receipt showing that such license fee has been paid, and upon which receipt when presented to the City Clerk, shall be issued a regular license and tag for such dog. SEC. 13. At the expiration of three days from the time any dog is impounded, if the same has not been reclaimed in accordance with the provisions of the preceding sections, the Dog License Inspector shall cause such dog to be killed and shall properly dispose of the Disposal of remains thereof, and shall account for and pay over monthly to the City Treasurer all moneys received by him for such remains or other- wise. To act under police super- vision. Treatment of dogs. Receipts. License to be issued. killed, when. be Payment to Treasurer. Record of ceived, etc. dogs, re- Vicious dogs. Health Com- Request of missioner. Detention at dog pound. Diseased when. dog killed, with dog SEC. 16. No person shall in any manner molest, hinder or in- Interference terfere with any person employed by the Mayor to capture dogs catchers. and convey the same to the dog pound while engaged in such occu- pation. SEC. 17. Whoever violates any provisions of this ordinance Penalty. shall, on conviction thereof before the municipal court of said city, be punished by a fine not exceeding twenty-five dollars ($25.00) and may be imprisoned until such fine is paid, not exceeding fifteen days. 690 MINNEAPOLIS LICENSE ORDINANCES. Repeal of former ordinance. To take effect. DOGS, LICENSE, ETC. SEC. 18. A certain ordinance entitled "An Ordinance Concern- ing Dogs," approved December 4th, 1895, as subsequently amended, and all ordinances or parts of ordinances inconsistent with this ordi- nance, are hereby repealed. SEC. 19. This ordinance shall take effect and be in force from and after its publication. ! MINNEAPOLIS SANITARY ORDINANCES. 691 MINNEAPOLIS SANITARY ORDINANCES. SLAUGHTER HOUSES AND STOCK YARDS. An Ordinance Directing the Location and Management of Stock Yards and Slaughter Houses. (Passed March 28, 1890. Approved April 1, 1890. Published. April 5, 1890, in the Minneapolis Tribune, 16 C. P. 170. As amended Feb. 28, 1891, 17 C. P. 82; June 24, 1897, 23 C. P. 331.) The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That no slaughter house, stock yard, or place where animals are collected or kept for slaughter or shipment, or bought or sold for the purpose of slaughter or shipment, shall hereafter be established or maintained within any portion of the territory of the City of Minneapolis save and except within the following described territory within the limits of said city, to-wit: Commencing at the Description northwest corner of the southwest one-quarter of section 32, town- of territory. ship 29, range 24, and running thence east to the center of said section 32, thence south on the north and south center lines of said section 32, and of sections 5 and 8, township 28, range 24, to the east and west center line through the north one-half of said section 8, thence east on the east and west center lines through the north one- half of sections 8, 9, 10, 11 and 12, township 28, range 24, and of sections 7 and 8, township 28, range 23, to the Mississippi river, thence southerly along the west bank of said river to the south line of section 17, township 28, range 23, thence west on the south line of sections 17 and 18, township 28, range 23, and of sections 13, 14, 15, 16 and 17, township 28, range 24, to the southwest corner of said section 17, thence north on the west line of sections 17, 8 and 5, township 28, range 24, to the place of beginning. Also that certain tract of land in the City of Minneapolis bounded on the south by Twenty-seventh avenue northeast, on the east and north by the Great Northern railway and on the west by the Northern Pacific railway. (Added June 24, 1897, 23 C. P. 331.) Also all that part of the City of Minneapolis lying between Twen- ty-first avenue south and Twenty-fourth avenue south, and between Riverside avenue and the Mississippi river. (Added Feb. 28, 1891, 17 C. P. 82.) Provided, that no slaughter house shall be hereafter located anywhere within the city limits without the consent, by an affirma- tive vote of three-fourths of the whole council. houses, Slaughter stock yards, etc., where located. not to be Shall not be where in located any city, when. SEC. 2. All slaughter houses and buildings appertaining thereto Construc- in the City of Minneapolis. shall be constructed of either brick or stone the inside walls shall be incrusted with cement, surface smooth, to a height of eight feet from the floor; all floors shall be of either tion of slaughter houses. 692 MINNEAPOLIS SANITARY ORDINANCES. Yards at- tached to slaughter houses. Houses shall be cleansed, etc. Care of yards. Diseased or sickly animals. AccumulatioL of manure or offal prohibited. Duty of owner, etc., to remove same. Nauseous odors, etc. Water, ven- tilation and food for animals. Deposit of offal in lakes, etc., prohibited. Penalty. Repeal of former ordinance. To take effect. SLAUGHTER HOUSES AND STOCK YARDS. cement or concrete and slope from the walls to the center, where there shall be a receptacle or drain to receive the offal; said re- ceptacle or drain must be so arranged that it will be easy of access for the removal of the offal; and can be thoroughly cleansed after such removals; all buildings shall be provided with a thorough ven- tilation system that will provide ingress as well as egress of air. SEC. 3. All yards used in connection with slaughter houses where animals are detained for slaughter or otherwise, shall be enclosed by an eight-foot close-board fence, and paved with a non-absorbing material, and said pavement shall be so arranged that the yards shall have a free drainage. SEC. 4. All slaughter houses shall be thoroughly cleansed once each day by washing the floors and walls; and the manure in all yards where stock is kept shall be removed twice a day, and said yards shall be flushed with water morning and evening. SEC. 5. That no diseased or sickly cattle, calves, swine, sheep or other animal nor any that have been exposed to any contagious disease that prevails among animals that are used for human food, shall be kept or slaughtered in this city. SEC. 6. That no pile or deposit of manure, butchers' offal or other filth shall be allowed to accumulate in or about any enclosure used for stock yards or slaughter house purposes, and it shall be the duty of any owner, agent or occupant or lessee to see that any and all accumulations of filth and offal shall be removed every night be- tween sunset and sunrise to such place or places for final deposit as the department of health may designate. SEC. 7. That rendering, heating or steaming of any animal or vegetable product or substance generating nauseous or unwholesome odors or gaseous vapors shall be strictly prohibited in connection with any slaughter house or building appertaining thereto in the City. of Minneapolis. SEC. 8. That no animal for slaughter shall be kept in any place where the water, ventilation and food are not adequate and whole- some for the preservation of health and the wholesomeness of human food. SEC. 9. That no offal, sewage or filth from any slaughter house or stock yards shall be thrown or allowed to be thrown or run into any lake or stream or on the surface of the ground which would tend to drain into any lake, pond or stream in the City of Minne- apolis. SEC. 10. Any person who shall violate any of the provisions of this ordinance shall, on conviction thereof, be punished by a fine. not exceeding fifty dollars, and may be committed until such fine is paid, not exceeding sixty days. SEC. II. That an ordinance entitled "An ordinance directing the location and management of stock yards and slaughter houses, approved June 13th, 1882, as amended May 27th, 1885, be and the same is hereby repealed. SEC. 12. This ordinance shall take effect and be in force from and after its publication. "" MINNEAPOLIS SANITARY ORDINANCES. 693 • : OBSTRUCTION OF BASSETT'S CREEK. OBSTRUCTION OF BASSETT'S CREEK. An Ordinance to Prevent the Obstruction of Bassett's Creek. (Passed June 27, 1888. Approved June 30, 1888. Published July 2, 1888, 14 C. P. 123.) No matter or substance The City Council of the City of Minneapolis do ordain as follows: SECTION I., That no person shall place, throw or deposit, or cause to be thrown or deposited on the margin or bank or in the to be thrown waters of Bassett's Creek anything, matter, material or substance whatever. into Bas- sett's Creek, etc. SEC. 2. Any person violating the provisions of this ordinance Penalty. shall be punished by a fine of not less than ten ($10) dollars, nor more than fifty ($50) dollars for each offense; or in default of pay- ment of such fine, be imprisoned not exceeding thirty (30) days. SEC. 3. This ordinance shall take effect and be in force from To take and after its publication. effect. GLANDERS. An Ordinance to Prevent the Introduction of Certain Contagious Diseases Into the City of Minneapolis. (Passed and approved Nov. 8, 1878, 4 C. P. 170, p. 142, Ordi- nance Records. As amended April 9, 1888, 13 C. P. 971.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person shall bring within the limits of the City of Minneapolis, nor have nor keep therein, any horse or other animal, having the disease known as the glanders. Any person who shall violate the provisions of this section, knowing, or having reason to believe that the horse or other animal by him brought or kept within said city, is so diseased, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by fine not exceeding seventy- Penalty. five dollars, and may be imprisoned until such fine is paid, not ex- ceeding sixty days. (As amended April 9, 1888, 13 C. P. 971.) SEC. 2. This ordinance shall take effect and be in force from To take and after its publication. effect. Glandered animals not to be brought or Violation. kept in city. 694 MINNEAPOLIS SANITARY ORDINANCES. Health officer to report. Council may order filling or draining. Clerk to notify owner. Owner to drain or fill. Failure of owner. City may fill or drain at owner's expense. Assessments. Penalty. Construction of ordinance. Repeal. To take effect. DRAINAGE OF LOW GROUND. DRAINAGE OF LOW GROUND. An Ordinance to Compel the Owners of Low Ground Where the Water is Liable to Collect and Become Stagnant to Fill or Drain Such Low Ground, and in Default Authorizing Such Filling or Drainage at the Expense of Such Owner or Owners. (Passed Nov. 18, 1887. Approved Nov. 24, 1887. Published Nov. 24, 1887, 13 C. P. 795.) The City Council of the City of Minneapolis do ordain as follows: SECTION I. That the Health Officer shall, and any other city official may, report to the City Council the location and description of any tract or tracts of low ground in said city, in which, in the opinion of such officer water is liable to collect and become stagnant. Whereupon the City Council, after proper investigation, may by reso- lution, or otherwise, direct that the owner or owners of said low grounds so liable to become stagnant, to fill or drain the same within such times as the council may designate, and in such manner as the City Council shall require and approve. SEC. 2. Whenever the City Council shall order the filling and draining of any low places as provided in section one, the City Clerk shall notify, or cause to be notified, the owner or owners of such low places of said action of said City Council. SEC. 3. It shall be the duty of the owner or owners of any such low places to drain or fill the same upon receiving notice as pro- vided in section two hereof, and if such owner or owners shall fail or neglect to conform to said requirements of said City Council upon due receipt of such notice, said City Council may by resolution or other- wise in such manner as it may deem proper, authorize such filling or drainage at the expense of such owner or owners, and take such course for the collection of said expense as may be provided by law for special assessment. www. SEC. 4. In addition to, independent of the liability for the ex- pense of the filling or draining low places, as provided in this ordi- nance, any owner or owners failing to comply with the requirements. of said City Council shall be punished upon a conviction thereof, by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and in the default of payment thereof may be imprisoned not exceeding ninety days. SEC. 5. This ordinance shall not be so construed as to require said City Council to cause said low places to be filled up or drained, as provided in section three hereof, before the enforcement of penalty as provided in section four. SEC. 6. All ordinances or parts of ordinances inconsistent here- with are hereby repealed. SEC. 7. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS SANITARY ORDINANCES. 695 NUISANCES. NUISANCES. An Ordinance Relating to Nuisances. (Passed May 21, 1873. Approved May 26, 1873, p. 229, Ordi- nance Records. Reordained Sept. 19, 1873. As amended May 17, 1877, 3 C. P. 60; Aug. 9, 1878, 4 C. P. 116; April 9, 1888, 13 C. P. 971; Feb. 1, 1890, 16 C. P. 63.) Police to serve notice. The City Council of the City of Minneapolis do ordain as follows: SECTION I. No person or persons shall within the limits of the City of Minneapolis exercise, carry on, follow or engage in, or etc. work at, any business, trade, calling, or occupation, which shall be dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood. It shall be the duty of the Chief of Police to give Chief of notice to such person or persons, to forthwith cease, quit and desist from such dangerous, hurtful, unwholesome, offensive or unhealthy business, trade, calling or occupation, and if such person or persons shall refuse or neglect to cease, quit, and desist from such dangerous, Parties hurtful, unwholesome, offensive or unhealthy business, trade, calling Failure. or occupation, within the space of forty-eight hours from the time of such notification, then such person or persons, upon conviction there- of before the municipal court of said city, shall be punished by a Penalty. fine not exceeding one hundred dollars, or by imprisonment for a term not exceeding thirty days. (As amended May 17, 1877, 3 C. P. 60; April 9, 1888, 13 C. P. 971. See Cooley's 1883 Compilation of Charter and Ordinances, p. 204.) to desist. etc. SEC. 2. No person or persons shall within the limits of the Outhouses, City of Minneapolis, permit or suffer to be or remain offensive, nauseous, hurtful, dangerous, unhealthy or uncomfortable to or for the neighborhood, any outhouse, privy, vault, sewer, private-drain, sink, pool, putrid or unsound flesh, meat, fish, skin, carcass or any other unwholesome or offensive substance, liquid or thing whatsoever, on or upon his, her or their premises or land, or premises or land occupied or used by, or under the control of him, her or them. substances. Any person or persons violating any of the provisions of this offensive section shall upon conviction thereof before the municipal court of said city, be punished by a fine not exceeding thirty dollars, or im- prisonment not exceeding thirty days. (As amended April 9, 1888, Penalty. 13 C. P. 971; Feb. 1, 1890, 16 C. P. 63.) Offensive occupations, No Slaughter houses, etc. SEC. 3. No person or persons shall within the limits of the City of Minneapolis keep or use any slaughter house, nor slay, kill or butcher any animal, nor melt or try out any rough tallow, nor keep, nor have any stale, putrid or stinking fat, grease or meat. person or persons shall keep within said city any undressed or dry hides, or other offensive or nauseous substance or liquid at any place from whence the stench thereof shall extend to any street, avenue, alley, lane or public ground, or to any dwelling; and no owner or Hides, etc. occupant of any grocery, cellar, tallow chandler's shop, pickling Nauseous house, meat shop, soap factory, tannery, brewery, distillery, dye-house, etc. stable, or other place of business, shall suffer or permit the same to substances, 696 MINNEAPOLIS SANITARY ORDINANCES. Sweepings. Liquids. Penalty. Burning weeds, grass, etc. Exceptions. Penalty. Special duty, Chief of Police. City Attorney. Entry into buildings, etc. Penalty for resisting chief. To take effect. 1 NUISANCES. become nauseous, offensive or unhealthy, nor suffer nor permit any litter or garbage to be thereon or swept therefrom upon any street, avenue, lane or alley, nor suffer or permit any foul, unclean, nauseous or offensive liquid or substance to pass therefrom or from any premises. under their control adjacent thereto, into, over or upon any street, lane, avenue or alley, or open drain, gutter, or sewer, or over or upon any private grounds of any other person. Any person who shall violate any provision of this section shall, upon conviction there- of before the municipal court, be punished by fine not exceeding fifty dollars, and may be imprisoned until such fine is paid, but not ex- ceeding forty days. (As amended Aug. 9, 1878, 4˚C. P. 116; April 9, 1888, 13 C. P. 971.) SEC. 4. No person or persons shall, within the limits of the City of Minneapolis, set fire to or burn, or shall permit or suffer or procure to be set fire to or burned on or upon his, her or their open lot, land or premises, or open lot, land or premises occupied or used by or under the control of him, her or them, any weeds, dry grass, leaves, chips, straw, hay, cornstalks, manure, bones, or any rubbish, offals or substance or thing whatsoever; provided, however, that the provisions of this section shall not apply to or affect manufacturers, tradesmen, mechanics, or other persons who use such fire for the purpose of their manufactory, trade or occupation. Any person or persons violating the provisions or any provision of this section shall upon conviction thereof before the municipal court of the City of Minneapolis, be punished by a fine not exceeding twenty-five dollars or by imprisonment not exceeding twenty days. (As amended April 9, 1888, 13 C. P. 971; Feb. 1, 1890, 16 C. P. 63.) SEC. 5. It shall be more especially the duty of the Chief of Police to enforce the provisions of this ordinance, and in case of any in- fractions of the same, to make complaint, or cause the same to be made before the municipal court of said city, and notify the City Attorney thereof; and for the purpose of enforcing the same, or satisfying himself whether there has been any violation thereof, he shall, where he may have reasonable cause to believe that this ordi- nance has been violated in any particular, have the authority, and it shal be his duty, to enter into any building or upon any lot or premises whatsoever within said city, and make reasonable search and ex- amination as to the existence or presence upon such premises of any nuisance or offensive substance or practice hereinbefore specified, or otherwise, and any person or persons resisting, opposing or obstruct- ing him in any manner in the performance of his duty aforesaid, shall, upon conviction thereof before the municipal court of said city, be punished by a fine not exceeding thirty dollars, or imprisonment not exceeding thirty days. (As amended May 17, 1877, 3 C. P. 60; Feb. 1, 1890, 16 C. P. 63.) SEC. 6. This ordinance shall take effect and be in force from and after its publication. MINNEAPOLIS SANITARY ORDINANCES. 697 CERTAIN NUISANCES. CERTAIN NUISANCES. An Ordinance Relating to Certain Nuisances. (Passed Aug. 15, 1877. Approved Aug. 17, 1877, p. 70, Ordi- nance Records, 3 C. P. 129. As amended April 9, 1888, 13 C. P. 971; Aug. 14, 1896, 22 C. P. 386.) The City Council of the City of Minneapolis do ordain as follows: etc. SECTION I. That no hog, pig or swine shall be kept within the Hog pens, City of Minneapolis in any sty, pen or enclosure situated within the distance of seventy-five feet from the dwelling house, store or shop of any person other than the owner of such animal; nor within the distance of seventy-five feet from any public street in said city. That no human body shall be buried at any place with- in the limits of said city except in a public cemetery, nor placed in any vault outside of a public cemetery in said city without written permission therefor first obtained from the Board of Health of said city. SEC. 2. human Burial of bodies. Deposit of in vaults. SEC. 3. That no person or persons shall, within the limits of said city, leave or deposit in the ground covered up with earth or any other material, the contents of any privy vault or other vault, or ex- cavation containing ordure or any other filth, or any garbage or de- caying vegetable matter or refuse, or any dead animal or animal matter, and no person shall use manure of any kind, either with or Manure. without a covering of dirt, to fill in any excavation upon or to raise any lot or tract of ground within the City of Minneapolis. (As amended Aug. 14, 1896, 22 C. P. 386.) . SEC. 4. Any person who shall violate any of the provisions of Penalty. this ordinance shall upon conviction thereof be punished by fine not exceeding fifty dollars, and be imprisoned until such fine is paid, not exceeding sixty days. (As amended April 9, 1888, 13 C. P. 971.) INSPECTOR OF MEATS AND PROVISIONS. An Ordinance to Create the Office of Inspector of Meats, Fish and Other Provisions, and to Define His Duties. SEC. 5. This ordinance shall take effect and be in force from To take and after its publication. effect. (Passed April 1, 1885. Approved April 11, 1885. Published April 14, 1885, 10 C. P. 581. As amended March 30, 1893, 19 C. P. 159.) Ordure, etc., in city burial of prohibited. The City Council of the City of Minneapolis do ordain as follows: I. of Meats SECTION 1. There is hereby created the office of Inspector of Inspector Meats and Provisions, the duties of which office shall be performed and Pro- by an Inspector of Meats and Provisions to be appointed by the visions. City Council upon nominations to be made by the Department of ment. Health of the city. Such Inspector of Meats and Provisions shall Duties. Appoint- 698 MINNEAPOLIS SANITARY ORDINANCES. Inspection of markets, vehicles, etc. Unwhole- some food, etc. Notice to remove same. Removal. Additional duties. Penalty for failure to remove or destroy as directed. Sanitary inspection of markets, vehicles, etc. Cleanliness. INSPECTOR OF MEATS AND PROVISIONS. perform and discharge all his duties as such inspector under the direction, supervision and control of the Department of Health of the City of Minneapolis; and it shall be the duty of such inspector to in- spect all meats, fish, oysters, birds or fowls, vegetables, fruit, milk and other provisions produced or prepared in, or brought into the City of Minneapolis, designed for human food, and held or exposed for sale or other disposition as such food, within the City of Minne- apolis, in any public or private market, stall, shop, store, restaurants and hotels, or other places; or by any vender or street-hawker or other individual. (As amended March 30, 1893, 19 C. P. 159.) SEC. 2. It shall be the duty of such inspector to visit at fre- quent intervals each public and private market, stall, shop, store, warehouse and storehouse in said city, and each and all carts, wagons, sleighs and vehicles of vendors or street hawkers, in, at or about which any meat, fish, oysters, birds or fowls, vegetables, fruit, milk, or other provisions are kept, held or carried for sale or other dispo- sition, as human food, and examine and carefully inspect all such meat, fish, oysters, birds or fowls, vegetables, fruit, milk or other provisions, and if any unhealthy, unwholesome or deleterious meat, fish, oysters, birds or fowls, vegetables, fruit, milk or other provisions so intended for sale or other dispositions as human food, be found in or about any such public or private market, stall, shop, store, ware- house or storehouse, or in any cart, wagon, sleigh or other vehicle of vendors or street hawkers, to at once give the person in charge of the same for the time being notice to at once remove the same out of said city or to such place as such inspector shall direct, or to de- stroy the same, whereupon the person in whose custody and posses- sion the same shall have been found to be shall at once remove the same out of said city or to such place as said inspector shall direct, or destroy the same as may be so directed by said inspector; and said inspector shall do and perform such other duties as may be required of him by said City Council by ordinance or resolution, and if any such person to whom such notice has been so given by any such in- spector, shall fail to at once so remove the same out of said city or to such place as such inspector shall direct, or to destroy the same if so directed, shall be subject to a fine of not to exceed twenty dollars, and in default in payment of such fine may be imprisoned until such fine is paid, not exceeding thirty days. (As amended April 9, 1888, 13 C. P. 971; April 24, 1888, 14 C. P. 30.) SEC. 3. It shall also be the duty of said inspector to person- ally inspect and examine into the sanitary condition of each public and private market, stall, shop, store, warehouse, storehouse, cart, wagon, sleigh or other vehicle in, on or about which any such meat, fish, oysters, birds or fowls, vegetables, fruit, market or other pro- visions are kept, held or offered for sale as such human food, and into the condition of the same as to cleanliness and wholesomeness as a place or places for keeping human food for sale or other disposition or storage, and shall see to it that they and each of them are always and constantly kept and maintained in a clean, wholesome and thor- oughly sanitary condition, and in case said inspector shall find any such public or private market, stall, shop, storehouse, warehouse, cart, MINNEAPOLIS SANITARY ORDINANCES. 699 INSPECTOR OF MEATS AND PROVISIONS. Notice. to act. wagon, sleigh, or other vehicle in an unclean or unwholesome condi- Purification. tion, he shall notify the person in charge thereof for the time being to clean and purify the same, so as to put the same in a clean, whole- some and proper sanitary condition within ten hours from the time of such notice; and if such person so in charge thereof shall not so Failure put the same in a clean, wholesome and proper sanitary condition within such time, then such person so in charge thereof shall be subject to a fine not to exceed fifty dollars, and in default of the Penalty. payment thereof may be imprisoned until such fine is paid, not ex- ceeding sixty days. (As amended April 9, 1888, 13 C. P. 971; April 24, 1888, 14 C. P. 30.) SEC. 4. This ordinance shall take effect and be in force from To take and after its publication. effect. NOTE.-Sections 2 and 3 of ordinance passed March 30, 1893, 19 C. P. 159, provide as follows: SEC. 2. This ordinance shall not operate to remove the present Inspector of Meats, Fish and Other Provisions, or his assistants, from office during the term for which they were appointed. SEC. 3. No person shall be nominated or appointed to the office of inspector as herein provided until he shall have submitted to and passed a rigid examination by the Department of Health, as to his qualifications for such office. INSPECTION OF MEATS, ETC. An Ordinance to Regulate the Inspection of Meats, Fish and Other Provisions. (Passed April 1, 1885. Approved April 11, 1885. Published April 14, 1885, 10 C. P. 581. As amended March 31, 1898, 24 C. P. 133.) Present removed. inspector not Examina- tion as to qualifica- tions. The City Council of the City of Minneapolis do ordain as follows: SECTION I. That no meat, fish, oysters, birds or fowls, vege- tables, fruit, milk or other provisions of any kind, not being then healthy, fresh, sound, wholesome and safe for human food, nor any part of any animal or fish that died by accident or from disease, shall be brought into the City of Minneapolis, or offered or held for sale as such human food at any public or private market, store, stall, storehouse, or in any other place in said city by any person. calves, etc. SEC. 2. No person shall bring or caused to be brought into Immature the City of Minneapolis, or hold, or have in his possession, or ex- pose or offer for sale for human food, any calf or pig less than five (5) weeks old, or any lamb less than eight (8) weeks old, or any beef known as "stripped beef"; and no person shall have in his posses- sion, or hold, or expose or offer for sale in the City of Minneapolis, the meat or carcass of any calf or pig, which calf or pig shall have been less than five (5) weeks old when slaughtered, or of any lamb which shall have been less than eight (8) weeks old when slaugh- Uor M Unwhole- some foods not to be brought into INDEX TO CITY CHARTER. 1039 CANALS-See Drainage— CANCELLATION— Comptroller shall note cancellation or orders on Treas- urer Auditor to report tax cancellation... Orders on Treasurer to be cancelled, when. Examination of bonds and destruction.. Preservation of vouchers or orders.. Council may examine cancelled orders. CARAVANS— License and regulation. CARCASSES- SUBJECT. CARDS, DICE AND OTHER GAMES Restraint and prohibition.. • CANVASSING ELECTION RETURNS- Council shall canvass. To be reported to Council. 66 66 66 66 66 · Authority to prevent persons from depositing. Authority to compel removal.. Expense of removal.... CARE OF STREETS-See Streets- CARRIAGES- Not to obstruct streets, etc. CARS Authority to regulate speed. CARTS- To prevent obstruction of streets, sidewalks, etc. CATTLE- Authority to prevent running at large. CAUSE FOR REMOVAL FROM OFFICE Continued absence of Aldermen.. CAUSE OF FIRES- • Fire Marshal to keep records. CELLAR- • • J • CHEMICAL PURPOSES Sale of liquor.. · Authority to compel owner to cleanse.. CEMETERY OWNERS- Consent required to acquire lands. CERTIFIED TRANSCRIPTS- Made by City Clerk, evidence in all courts.. CERTIFICATES- · Shall be countersigned by Comptroller... Of deposit to be taken by Treasurer, when. Payable to order of Treasurer. Rate of interest. Limitation . • ► Of construction, authority for cancellation, when. County Treasurer shall accept in lieu of money. CHARTER— CHIEF ENGINEER FIRE DEPARTMENT- Council shall appoint.. Council shall define rank and duties. Chief shall nominate officers and men. May remove or discharge members. CHIEF OF POLICE-See Police- CHIMNEYS- • • 2 • Provisions inconsistent with chapter 2 repealed... References (notes) to amendments. • • Authority to regulate construction.. Manner of construction. Materials to be used.... Council to prohibit dangerous construction. • • · .. • • · • • 1 • • • Chap. Sec. 3 14 M 10 10 10 10 10 5 21 5 23 5 24 5 4 5 4 444 10 10 10 4 4 4 4 2 8 29 4 5 ~7 az az ༩ ++ 00 8 3 100 10 10 10 10 5 ૭ 24 24 ZENI 7 5 7 7 7 5 az az az pfèces 5 4 5 7 7 5 10 5 10 5 27 5 4 72-7 10 5 10 3 3 13 35 27 63 63 Page. 5 27 63 | 35 61 62 62 62 62 69 70 7 69 43 5 27 63 10 15 107 10 15 107 41 10 10 0 LO 43 5 44 44 45 4 5 42 5 44 44 ૭ e to r 44 44 40 77 12 30 126 32 69 69 6 69 6 69 47 68 68 68 1040 INDEX TO CITY CHARTER. CHINESE CRACKERS-- Regulate or prevent sale of... CITY ACTIONS AGAINST See Actions. CITY ATTORNEY- SUBJECT. Council power to elect.. Shall perform all legal services incident to city Shall furnish Council with opinions, when. Shall advise and counsel all city officers. Shall attend regular meetings of Council. With assistants shall constitute legal department. May appoint Assistant City Attorneys... To attend meetings of Board of Equalization. Duty in case of under valuation of property. CITY BOARDS- How elected after 1888.... Branches of city government. CITY BOUNDARIES-See Boundaries. CITY BONDS- • Interest on bonded indebtedness... Council to provide a fund for payment. Sinking fund for payment of bonds. Interest to be applied to sinking fund. 66 66 66 66 66 66 "( Payment at maturity. Council may issue, when. Limitation of same.. Special authority required. • Bonds for permanent improvement. Rate of interest. • • • Proceeds of bonds.. Authority of issue.. Limitation of bonds authorized. Limitation of time to run.. Rate of interest. • • • • · • Manner of selling.. Proceeds of sale to be credited to fund.. Manner of payment... Proceeds to be kept distinct.. Payment of principal or interest. Examination and destruction of cancelled bonds. Preservation of records and vouchers... • • · · • • • • • · • D • • • • • ► • • • • Comptroller's signature evidence of compliance... Issue limited to $1,000,000 for certain improvements. CITY CHARTER- Not repealed by State law. To be public law-See end of. CITY CLERK- To give notice of special election. Eight days' notice, when. Shall notify officers of election. Shall be elected by Council. Shall keep corporate seal and papers. Shall keep records of proceedings of Council. Shall draw and sign all orders on Treasurer. Shall keep account of all orders.... Shall have power to administer oaths. Shall perform service required by law Salary of... • .* • ••• • • • • Office vacant, if books, etc., be not produced. Proceedings if delinquent or in default.. • May appoint an Assistant Clerk. Shall preserve annual inventories of city property Shall record and publish ordinances. Council shall audit accounts of.. • · • • • · • • • • • • • Chap. Sec. 3 Cow co co co w w w 3 5 3 3 5 3 3 3 5 5 ૭ ૩૭ 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 5 13 5 14 14 5 14 5 5 5 5 58 5 13 58 58 58 59 14 59 15 59 15 59 15 59 16 59 16 59 16 59 16 59 22 62 62 62 113 113 10 29 113 10 29 113 10 29 113 10 29 113 10 29 114 114 10 29 10 29 114 5 5 5 10 10 11 12 2 A www0 00 00 00 00 00 00 20 10 10 10 2 10 10 10 10 10 10 10 44 3 3 5 33 33 33 33 5 3 2 2 OL OI OI OI 3 ww 24 3 27 24 28 29 10 01 2 22 22 00 m m mo co co co m m ◄ 3 3 8 3 : Page. 68 5 117 124 3 3 33 3 33 33 56 3 56 25 29 3 32 32 32 3 32 4 2 2 26 3 32 33 33 33 3 33 3 30 4 9 38 51 4 13 51 4 13 51 4 13 51 25 INDEX TO CITY CHARTER. 1041 CITY CLERK-Continued. To return assessment rolls to County Auditor. Make memorandum of confirmation of rolls. When Council fails to confirm.... To sign orders on City Treasurer. Shall notify depositories of amount of bonds required. Shall prepare statements of Treasurer. Shall furnish copy thereof to any newspaper. SUBJECT. M Shall give notice when assessment list shall be presented to Council Shall prepare all necessary forms for making awards and assessments • • To give notice of action on report of Committee on Location of Grounds.. Shall notify Commissioners. Shall deposit amount of award in District Court, when. To give notice of action on Commissioners' report. Same, to describe lands taken... • • Shall notify Library Directors of election. CITY COMPTROLLER- Shall continue in office.. • • Same, to describe lands assessed. • Shall make transcript of award in event of appeal Shall keep record of assessment rolls... Shall deliver same to County Auditor. Shall note payments on invalid assessments. Forward approved roll of deferred payments. Certificate, prima facie evidence. 66 66 ** 66 • • Special provision relative to term of office. General election in 1888. • • • • • • • • • • • • May appoint an Assistant City Comptroller. Responsible for acts of Deputy Comptroller. • • • • • • • • To be elected biennially. Shall keep books of accounts of city and all boards. Shall keep record of bond, order, or other evidence of in- debtedness • • · • Shall keep record of redemption of indebtedness. Shall countersign all bonds, orders, or other evidence of indebtedness of city. Shall keep account of orders on treasury. Shall note cancellations · • • Shall keep accounts with Treasurer and all receiving or disbursing officers... Shall charge such officers with city property, etc., in their hands • • Shall examine all accounts, etc., of Treasurer. Shall perform duties prescribed by Council.. Report financial condition of city to Council.. Shall countersign all contracts.. Shall not be interested in a contract. Shall audit and adjust all claims against the city. Shall countersign all orders on City Treasurer, etc.. Shall take and preserve receipts for all orders delivered.. May keep and use a seal of office. May use seal of city. • • · • Audit accounts of time of Board of Equalization, etc. • To estimate expenses of city, etc.. To report estimate to Council. Make statement of revenues received by city Report computation of rate of tax levy. Rule governing same.. Make estimate of tax levy for ward purposes. To report quarterly expenses of city. To report quarterly revenues received and outstanding. • • O • · ·· • • • • • • • • 'deɖɔɔn in 10 10 10 10 10 5 5 5 00 8 5 22 62 8 со 10 10 5 28 63 10 10 10 IQLOL OL DO 1 2 2 2 cu cu 3 95 96 99 99 10 99 10 6 101 10 15 107 10 15 107 10 17 108 10 27 111 11 2 116 11 2 117 12 3 121 co no mo 3 3 3 3 co ao co co co co co co co as no no no 10 10 10 10 10 10 10 10 10 3 3 3 3 3 12 3 O σ Sec. 3 3 3 12 3 2 2 3 25 63 5 2 5 02 5 28 63 23 + 10 10 10 5 4 5 5 5 + Q Q Q ?? 4 2 2 2 ૭ ૨૭ 35 3 15 35 35 3 15 16 35 36 17 17 36 18 36 18 36 18 36 36 36 35 15 Page. 56 56 56 15 35 12 35 33333 ∞ ∞ ∞ 00 00 00 00 T 13 35 14 35 14 35 S 74 18 18 12 3 31 38 S 74 8 94 8 6 56 57 57 57 57 8 57 57 S 5 11 57 5 11 57 22 25 26 26 35 35 www 1042 INDEX TO CITY CHARTER. CITY COMPTROLLER-Continued. To notify Council when funds deficient... Not to sign contracts, when. May sign contracts, when. • Orders on Treasurer not to be signed, when. Shall sign orders in the order claims are allowed. To audit pay-rolls of employes..... Pay-rolls to be deposited with Comptroller. To receive application of banks for city funds. Shall record all bonds of depository banks. Keep separate books for water works... Shall keep record of, and countersign all bonds, orders, etc. Shall audit all claims against Boards.. Shall keep accounts of Library Board. Shall keep record of bonds, orders, etc. Shall countersign all bonds, orders, etc. Shall audit claims of Library Board.. CITY CONTRACTS- SUBJECT. City Engineer shall enforce compliance. 66 (6 (6 66 (6 • • •• · No person interested in contracts eligible to office. Void if city officer be interested.. · Officers must not be interested. Void if any officer be interested. • Money paid on such contracts may be recovered. Comptroller not to sign, when……. Comptroller may sign contracts, when. Periodical payments on contracts. CITY COUNCIL- Shall settle tie-vote [of people] for office. Shall establish election precincts. Rules governing same.. In case of failure.. Shall designate polls.. Shall appoint Judges of Election Shall canvass election returns. To fill vacancies. • • Shall consist of three Aldermen from each ward. Shall determine appointive offices by ballot.. To be elected biennially. • • • · • • • · • • • • • • Power to fix compensation of officers. Manner of fixing compensation. Quorum • • May prescribe conditions of bonds of city officers. Shall approve Treasurer's bond by resolution. Shall approve bonds of other officers. Action in case Mayor vetoes ordinance.. Two-thirds vote required for ordinance vetoed. Action if Mayor neglects to return ordinance. Shall elect President and Vice-President. Shall elect City Clerk.. Power to elect City Attorney. May require opinions from Attorney. • · • • + · • • · • • • • ·· • Shall designate Aldermen as Supervisors of Poor. Shall elect Superintendent of Poor.. May appoint City Physician.. Shall appoint City Engineer.. Power to require additional duties of officer. Power to appoint additional officers.. • • In absence of President and Vice-President. Shall hold stated meetings.. ·· · · • • • Shall prescribe duties and fix compensation of Engineer. Power to provide for appointment of Wharfmaster. May define the duties of same.. May regulate all wharf landings. • • • • • • • • • • • • • • • • • A • • • • • • • • • • 5 5 a A a Q? 5 17 12 5 25 62 12 9 9 12 9 9 deyƆn in 10 10 10 10 10 10 10 9 9 ol al co co co co c0 10 10 10 2 2 3 3 3 3 3 12 5 122 5 5 5 2 2 2 2 2 2 2 2 2 2 3 3 m mo mɔ no co mo ao mo mɔ wɔ mo mɔ mM+++ 3 3 3 3 3 3 Sec. 3 Q Q Q Q? Q? Q? OR ON ON O2 O2 O2 O2 al m m m m HHQQ2 10 10 10 LO CO 00 60 60 17 60 17 3 3 3 17 60 17 60 22 62 22 62 ૨૭ ૨૭ ૨૭ ૨૭ 3 34 64 89 89 89 5 122 4 5 122 11 29 11 29 10 34 35 π Q 10 5 122 10 25 Q 10 25 QHH 10 7 25 17 N N N N N N 17 27 27 28 29 29 29 10 29 10 29 1 32 1 32 32 32 32 33 33 34 34 3 8 34 60 60 17 60 1 1 5 5 5 6 8 Page. 9 10 3 9 5 27 1Q3 10 10 27∞ 2 5 77 37 37 3 9 34 37 26 34 3 22 36 3 29 TTQ ૭ ૭ ૭ ૭ ૭ ૭ ૭ 1 24 24 25 ૐ 22 36 37 26 37 25 27 22 36 29 38 38 4 1 40 40 4 2 40 INDEX TO CITY CHARTER. 1043 CITY COUNCIL Continued. Mayor may call special meetings. Business of special meetings.. In case of failure to get quorum.. Validity of transactions of adjourned meetings. Meetings and sessions defined.. Shall be judge of election of its members. Power to summon in canvassing elections. Shall determine rules of its proceedings. May punish absentees. Power to remove officials. O SUBJECT. . · Officers elected by people only removed for cause. Continued absence reason for removal. Fix place and manner of trial of officers. Power to compel attendance of witnesses, etc. If officer refuses to answer charge. Power to make ordinances... • • • • • • · To amend or repeal.. To impose penalties, etc. To license and regulate shows and showmen Same as to caravans, menageries, etc. Same as to concerts, museums, etc... Same as to newsboys and boot-blacks. Same as to roller-skating rinks... Same as to theatrical performances. Same as to auctioneers, pawnbrokers, junk-dealers, etc.. Same as to employment offices.... • • Same as to billiard tables, bowling saloons. Same as to shooting galleries.. • • • • • • Same as to taverns, victualing houses. Same as to dealers in spirituous liquors, etc. Restrictions as to termination of license. • • • To prevent putrid substances, etc. To require removal of carcasses, etc. 66 ** 6C * 66 66 • • • • • • • • · · • To designate safety valves on locomotives. May direct kind of coal used by locomotives. Power to punish for fast driving. Compel persons to faste horses. Regulate bathing and swimming. Restrain animals running at large Power to license dogs... • • Special provisions as to auctioneers, pawnbrokers, second- hand and junk-dealers.. Same as to employment offices. May make appropriation for home for newsboys, etc. Restrictions as to sale of liquor.. To restrain and prohibit gambling. To restrain liquor dealers. To prevent riots, disturbances, etc. Provide for arrest and punishment. Authorized to destroy gambling instruments. Power to suppress disorderly and houses of ill fame. To compel abatement of nuisances. · • To direct location of stock-yards, slaughter-houses, mar- kets, breweries, etc. To locate and license venders of gunpowder, etc. To designate time for removal of slaughter-houses. May consent to location of slaughter-houses... Power to prevent obstruction of streets.. To regulate speed of locomotives, etc. To require gates and flagmen... To prohibit whistling of locomotives and unnecessary dis- charge of steam. · · • • O • To establish pounds, hydrants, street lights, etc. • ► • • · • • • · • • • • • • • • • AP♪♪♪ AAA+Chap. 4 4 4 40 40 40 40 40 40 40 40 40 4 4 40 4 4 40 4 4 40 ++++ 4 4 4 40 4 4 4 4 4 4 4 4 4 +++++ 4 4 40 4 4 4 5 4 4 4 4 4 ***** 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 при при пре на на 4 4 IP w ∞ ∞ cu 20 10 10 N ~ Sec. 4 2 4 3 4 +10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 +++++ 4 4 5 4 4 5 4 5 5 5. 5 5 5 5 5 5 +++ + 10 10 10 10 10 10 10 5 5 5 5 10 10 10 10 10 10 10 10 10 10 10 5 5 5 4 5 5 5 5 5 4 5 44 5 5 41 41 41 42 43 43 43 43 43 5 43 43 4 5 5 5 4 5 44 10 10 10 10 10 10 10 10 10 10 10 10 Page. 5 40 5 41 5 44 44 44 41 41 5 41 5 41 41 41 5 41 44 5 44 5 41 4 5 44 41 44 5 44 44 5 44 41 41 41 41 41 41 44 5 44 5 44 44 44 45 45 1044 INDEX TO CITY CHARTER. CITY COUNCIL Continued. SUBJECT. To establish Boards of Health, etc.. To provide hospitals... To provide for registration of births, deaths, etc. To prevent burials in city... To regulate the assize and weight of bread To provide for seizure of bread... To prevent driving on sidewalks. To prevent discharge of firearms. To prevent exhibition of firearms. To prevent drunkenness and obscenity To restrain hotel runners, hackmen, etc. To establish public markets. • • • • • · • 1 • • To appoint overseers of markets. To license and regulate butchers' stalls, peddlers, etc. To regulate weighing hay, straw, etc.. To regulate measuring and weighing fuel. To appoint person to measure wood, etc. To compel removal of snow, etc.. ► • • • • To compel abatement of stagnant water nuisances To make special assessments for removals. To control and regulate piers and wharfs. · • • • • · • • • To prescribe charges for pierage and wharfage. To provide for quarantine.. To regulate public auctions. To provide ordinance for weights and measures. To appoint City Sealer.. To require all weights and measures to be sealed. To regulate inspection of meats, etc.... To provide for destruction of unwholesome meats, etc.. To appoint inspectors, weighers and gaugers. To remove and abate nuisances... • • • • To appoint Gas Inspector and other officers. To prescribe duties of Gas Inspector... • • • To make regulations for suppression of disease.. To restrain and punish vagrants, prostitutes and beggars. To license and regulate hackmen, draymen, etc…….. To provide standing places, etc.. for same. To provide hack stands at depots.. To authorize Mayor or Chief of Police to regulate same. To regulate construction of buildings. To prescribe building limits. Has no control over United States or State buildings. Power to provide and regulate hitching posts, etc. To regulate hatchways... To regulate numbering houses.. To compel owners to number houses. • · • • · • • • • • To regulate placing of telegraph poles, etc. To regulate suspending of electric wires. To have wires placed beneath the surface. To regulate width of wagon tires.. To regulate weight of load to be drawn in streets. To prohibit heavy traffic on certain streets. • • To require fire escapes, etc.. To regulate, locate or prohibit steam boilers. To regulate and control quality and measurement of gas.. To provide for inspection of gas, meters, etc... • • • • • • • To provide for removal of garbage. To assess expense for removal.. To provide for removal of dangerous structures. To assess expense for same.. To regulate piling lumber, millwood, etc.. To designate location of wood yards, boiler shops, etc.... To designate location of rendering houses, soap houses, glue factories, etc. • • • ***** Chap. 4 4 4 4 4 4 4 4 AA HAPP 4 4 4 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 4444+++ 4 4 4 4 4 4 4 +++++ 4 4 4 4 4 4 4 4 PAPAPA A 4 4 4 4 4 4 4 4 4 4 4 4 ++++ 4 4 4 Dago in 10 10 10 10 10 10 10 4 5 4 5 4 5 5 4 5 на на прод 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 4 5 5 4 5 5 5 47 47 47 47 48 48 48 48 48 48 48 48 48 48 5 48 48 48 48 4 5 4 5 ✈✈✈Page. 4 4 4 5 45 5 OLOU 45 45 45 45 45 45 45 45 45 45 45 45 45. 45 45 45 45 46 46. 46 46 46 46 46 46 46 46 46 47 47 47 47 47 47 48 48 48 48 49 49 5 49 49 49 49 INDEX TO CITY CHARTER. 1045 CITY COUNCIL Continued. To designate location of storehouses for oil and powder………. To designate location of roller roller rinks and base ball grounds To license, regulate and prohibit concealed weapons. To regulate removal of dead bodies placed in vaults, etc.. To regulate construction of chimneys, smoke-stacks, etc.. To prohibit erection of insecure buildings, smoke-stacks, emission of dense smoke, etc.. To impose penalties for nuisances, etc. May impose penalties for breach of any ordinance. For sentence of prisoners to confinement on bread and · ·· P SUBJECT. • • • May prescribe rate of compensation of same. May establish work-house regulations.. Provide for security against escape of prisoners. Power to establish workhouse inside or outside of city. Authorized to use Hennepin County jail as work-house. Style of city ordinances.. ·· • • water That offenders may be required to give security 4 4 4 May require bonds to keep the peace. May provide for confinement in work-house. That offenders may be kept at hard labor in work-house.. Male offenders may be sentenced to labor on public works 4 May provide for sentence to both.. That offenders be kept at hard labor for non-payment of fines until fines are worked out.. Subject of ordinance expressed in title. No ordinance to embrace more than one subject. Ordinances and resolutions passed by affirmative vote. Ordinances and resolutions require majority of entire Council A majority vote necessary for appropriations. Vote taken by ayes and nays for same. Council powers not a bar to nuisance proceedings. Audit and examine accounts of officials. • • • • Vote on ordinances and resolutions to be recorded in pro- ceedings No ordinance passed at session on first reading, save by unanimous consent.. • No ordinance passed at session on first reading, save by unanimous consent... • Not to preclude passage of ordinance reported by Com- mittee on Ordinances, etc... • • • • • Proceedings at law against delinquent officer or agent. Record of all such settlements and adjustments.. Control and management of finances and property. Except property of water works.. • Sale of city property. Authorized to convey lands to Industrial Exposition. Description of land so authorized to be conveyed. Such real estate revert to city in case of default. Not less than twenty-two expositions.. May audit when deemed proper, also at end of year. Each officer and agent to exhibit his books, accounts, etc. Offices vacant if books, etc., not produced.. Authority to make appropriation to perfect title. May release Exposition from conditions of deed. May quit claim title to land conveyed.. Sites for public buildings..... • • • • • • • • • · • • · • • • Power to purchase or condemn. To condemn property for streets and alleys. Appoint appraisers to ascertain values of lands, amount damages and benefits. Licenses may be revoked at any time. Chap. Sec. ++++ 4 4 4 4 SHHH 4 4 4 *** 4 ++++ 4 1 4 4 4 4 4 4 4 4 6 50 6 50 6 50 50 50 50 4 7 50 4 4 4 4 He fin 10 10 10 10 4 10 10 6 shin shine fin 5 49 5 49 49 5 49 5 4 ~ -1 -1 -1 0 7 5 49 7 7 4 9 1-7-7-NNN 00 00 00 O S 8 9 9 11 4 11 4 12 4 13 4 13 4 13 4 13 4 13 4 4 4 4 4 14 9 9 Page. 7 50 49 14 14 4 14 Hi Hi hi h 9988889909 4 15 4 16 50 50 9 50 50 50 50 50 50 50 50 50 50 51 51 51 51 51 51 51 51 51 13 51 14 52 50 50 51 10 10 10 LO 52 52 4 14 52 53 4 14 4 14 53 4 14 53 4 14 53 4 15 53 15 53 4 15 53 01 02 52 52 53 53 1046 INDEX TO CITY CHARTER. CITY COUNCIL-Continued. May exercise its powers by resolution, when. Shall appoint Assessor. • • Confirm Deputy Assessors.. Direct increase or decrease of Assessor's clerks. May confirm or return assessment rolls... Shall fix salary of Assessor. Fix compensation of Board of Equalization, deputies, etc. May levy tax for current expense fund... Make appropriation from current expense fund. Shall make reduction in expenses, when.... Reserves right of reduction in street lighting contracts. Make ward tax levy. Limitation of same. To provide for payment of interest on bonds. Make tax levy to provide payment of principal To maintain sinking fund. Provide for care and investment of same. No power to divert or abolish same until debts are paid. Shall appoint Board of Sinking Fund Commissioners. Determine term of office of board, etc.... • • • ·· SUBJECT. • • · • May omit one-mill tax levy, when. May resume saine, when.. May issue bonds, when. Limitation of same. Special authority required to issue bonds.. Authorized to issue bonds for permanent improvement. Limitation of same... • • • Authorized to make expenditures. Shall make tax levy for permanent improvement. Comptroller to notify when funds deficient. Taxes to be levied by resolution... Make statement of tax levy to County Auditor. May determine as to orders on treasury. • • ► • • • • • • · • • • • • • • · • · • • May provide for payment of employes.. Examination of cancelled orders, and other obligations. Direct preservation of records and vouchers.. May designate newly organized banks as depositories. May require new bonds, when.. Shall examine all bonds... • · · • • • · • • • Shall require new bonds, when. May appropriate fines for reformation of fallen women. And for building and maintaining a city hospital.. Levy special tax to pay judgments.. Shall make new levy, when... 1 • • • • • • Shall fix amount of bonds of banks receiving city funds on deposit..... Bonds of such banks to be approved by Council. Designation of banks.. Authorized to negotiate for deposits in foreign banks, when · • • • • • · • • • • • .. • • S • • • • deyƆ ± 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 2 2 4 17 53 5 1 54 5 55 55 56 56 56 57 5 10 57 5 5 5 5 5 5 5 5 5 5 5 5 5 5 11 58 5 5 5 5 5 5 5 5 5 5 5 5 5 5 10 10 10 5 5 5 10 10 10 10 10 10 10 10 10 CONN~~~ZZZZZZ 5 5 5 5 5 6 1 7 5 16 7 1 5 17 77 5 5 18 7 6 7 6 7 10 7 7 7 11 57 12 58 58 58 58 58 58 58 58 58 59 59 59 59 59 59 59 16 59 60 60 60 61 62 12 13 13 14 14 14 14 14 14 14 15 15 To fix compensation of members of Police Department. To fix amount of bond of Police Officers. May prescribe fire limits.. May require fire-proof buildings. May prohibit repairing buildings, when.. Prescribe manner of constructing chimneys. May cause removal of dangerous materials, etc. To prevent deposit of ashes in street. To compel use of spark arresters.. To regulate and prevent use and sale of explosives, etc.. 7 To compel owners of buildings to provide fire-escapes.. 77 2 May prescribe scuttles in roofs.. May regulate and locate smoke-houses. 15 16 16 5 30 32 5 33 34 64 34 64 5 35 65 19 22 22 5 35 65 65 65 2 66 24 24 22 2 10 10 25 25 25 37 w w 6 2 66 68 1 68 37 Page. QQHHHQ N N N QI QI N QI 1 1 10 10 2 2 2 2 62 62 62 63 63 63 2 63 64 64 68 68 68 68 68 68 68 68 2 68 • INDEX TO CITY CHARTER. 1047 CITY COUNCIL Continued. May make any provision to guard against fire. 66 66 (6 66 66 (6 66 66 May erect and maintain engine and hose houses. May maintain fire alarm telegraph, etc. Make rules for fire department.. SUBJECT. Provide for punishment for interference with apparatus.. Make rules for water works... May keep idlers and suspected persons from vicinity of fires May compel bystanders to aid at fires.. Shall appoint Chief Engineer of fire department. Provide for officers and men of same.. Define rank and duties.. Confirm nominations to fire department. May designate Fire Marshal. May provide for fire police. Shall define powers and duties of same. May give police powers to firemen.. May prohibit construction of wooden sidewalk. To have control of streets. • • May provide for pavements.. May establish grades of streets. · • • May lay out and extend streets. To have control of streets and highways.. May lay out, widen and straighten same. May provide drainage... May make improvements for health. May build and maintain bridges. • To levy' assessments on property. Form of such levy, may adopt a form. May vacate streets. Exclusive powers.. ► • May order gutters or paving. To order sidewalks • • • • • • • • May contract for cleaning streets. May contract for all work or construction. May designate city districts.. May extend same. · • Manner of ordering sidewalks. Shall levy sidewalk assessments, when. + May designate districts for street cleaning purposes. • · • • • All work or construction may be done by the day Day work under direction of Council.... · • 1 • • Shall grade before ordering sidewalks. May order streets and public grounds sprinkled. • May designate officers to have charge of day work. Shall appoint Street Commissioners.. May appoint a General Street Commissioner. May purchase or condemn lands for street openings and improvements • • • · • Shall cause profile of grades to be made.. May reconsider action in case of changing street grades.. 8 Shall appoint Appraisers.. To act upon assessment list, when. May hear complaints touching awards and assessments.. May confirm assessment and award or refer back to com- mission May confirm or annul revised assessment list. May appoint a new commission. When confirmed, action final... Control laying out streets, etc.. Shall have control of acceptance of plats of additions. Power to maintain waterworks and sewers.. To enlarge, extend, relay and improve same. • • • • • • • ~} ~ ~} ~} ~} ~~Chap. 7 7 PENNNNN~~~ 7 ∞ ∞ ∞ ∞ ∞ 00 00 00 00 co co co co co HHQ Q N N N N 7 7 7 5 ༩ 7 ༡ 7 8 8 8 8 8 7 6 69 8 8 8 8 8 S S 8 S 8 S S 8 #WW~~Sec. 8 2 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ aa 4 4 8 440 10 10 10 10 00 00 00 8 5 7 8 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞o 00 00 00 N N N N ∞ ∞ ∞ + +10 10 10 10 0 0 8 11 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 3 3 4 4 5 5 5 6 12 8 12 8 13 Page. 68 69 69 69 69 69 69 69 69 69 69 69 8 22 9 1 69 70 70 70 70 71 71 71 71 5 75 9 1 71 71 72 72 72 72 72 72 74 74 75 6 76 74 74 10 76 11 77 77 77 77 16 79 74 74 74 74 74 75 75 75 75 75 75 17 79 8 22 80 8 22 80 SO 8 22 80 82 82 1048 INDEX TO CITY CHARTER. • CITY COUNCIL Continued. Shall require gas, water and sewer pipes to be laid in street, when Right to acquire property. May enter lands to lay mains or sewers. Proceedings where surface of land is not required. May enter upon private property to make repairs. Shall levy assessments for mains. SUBJECT. To fix cost of laying mains... In re-assessments may direct plan. To determine the cost of sewers. • • • • To hear any objections thereto. May refer report to committee. May confirm or annul report. Confirmation of award final.. Shall pay for condemned lands. • • · • • • • May require surveys, plats and profiles, when. May order sewer connections made. May require branch pipes, sewer connections, electric wires, etc., laid in area.. • • May bring action against owner to drain wet lands, etc. May abandon proceedings. May effect a system of drainage of marshes. Shall revoke plumbers' license, when.. • • ·· May refer award to new Board of Commissioners. To act on report of appraisement. A • • • • • May proceed to construct branch pipes. May proceed to lay sewer connections.. May control manner and time of constructing branch pipes 9 May order branch pipes laid, when.... May refer to committee to hear objections. May confirm or annul revised appraisements. Confirmation final May provide punishment of persons injuring or interfering with water works... Provide office-furniture, etc., for water works. • • • · • F • • • ► • • • • • • • • • · • • • • ► · • • • • • • • • • 9 15 9 10 Shall order main laid... 9 11 10 May appoint committee to select lands for city purposes.. 10 City Engineer to act with committee on location of lands.. To consider report of committee on location of grounds. To hear interested persons.. • · Shall proceed to levy assessments. Shall cause to be made an assessment roll, form of. May abandon proceedings, when, limitation.... To designate character and extent of pavements.. To designate character and extent of water mains. To designate character, extent and materials to be used in water mains, sewers, etc.. • • • • .. • • • • May direct Engineer to advertise for bids for paving, gut- ters, water mains, etc... • Shall hear interested parties.. May abandon proposed improvements. May fix cost.... May levy assessment and order assessment roll for street improvements 10 Set aside amount of award of damages in treasury, when... 10 May require claimant of award to give bonds... Designate character and extent of street improvements. Shall appoint Commissioners in street improvements. To act upon report of commissioners.. · • • .. Chap. Sec. .. Ο • 9 9 • 9 9 2 83 9 9 2 83 9 3 83 9 3 84 9 3 84 84 85 85 9 5 9 9 5 9 9 9 9 9 9 9 5 10 10 10 10 10 10 10 10 10 10 10 10 10 10 12 N Ni qz m m 00 + 10 10 10 10 10 10 10 10 10 10 2 83 10 10 4 10 10 10 5 5 85 85 5 85 85 10 5 6 6 6 14 1 HQ Q2 mo co co m m m +++0 10 10 10 10 10 10 10 10 00 00 1 2 3 3 3 3 3 3 4 4 4 5 5 5 5 5 Page. 10 8 82 5 83 5 8 00 00 00 00 5 100 8 S 9 86 86 86 87 91 92 90 90 94 94 95 95 96 96 96 96 96 96 96 96 96 97 97 99 99 99 100 100 102 102 8 103 102 10 103 10 104 Discretion as to assessing corner lots, decision final. Shall fix cost of building sidewalk, when. 10 10 104 Shall assess property. 10 10 104 Order new assessment for street extensions, etc., when.. 10 14 106 When second assessment is annulled.. 14 106 10 102 10 8 103 103 102 INDEX TO CITY CHARTER. 1049 CITY COUNCIL-Continued. May authorize County Auditor to cancel assessment.. May provide that County Treasurer shall accept certificates in lieu of money.. • SUBJECT. May direct Auditor to divide special assessments. May order immediate construction of improvements when money is advanced.. May order assessment collections to cease, when. Action in case of invalid assessments. Majority vote to order sidewalks. May await contracts before assessing. May await collection of assessments. Shall cancel assessments, when. 66 (6 66 66 • • • • • • Shall deduct interest not accrued. Authorized to issue bonds. Authorized to sell bonds. Proceedings by resolution to be approved by the Mayor. Authorized publication of acts, prima facie evidence.. May provide for compilation of ordinances. Penalties and judgments, how remitted. Shall invite proposals for advertising. Manner of inviting proposals... Style of proposals to be received. Contract, how awarded.. Discretion in awarding advertising contracts. In case two bids are the same.. Rejection of bids... Shall invite proposals for job printing. Shall canvass vote for Library Directors. CITY DISTRICTS- · • Council shall appoint. Qualifications May employ assistants.. Council to prescribe duties. → • • · • · • • • • Council may designate.. May be extended……. Shall be continued until extended or modified. CITY ELECTION-See Election. CITY ENGINEER · • • • • • • • • • • • To direct Street Commissioners.. To approve work of Street Commissioners. To act with Committee in locating grounds. Report to Council. Shall make plats and surveys for improvements Nature and form of plat.... Shall estimate cost of improvement. • Council . Shall preserve surveys, plans, estimates, etc. Shall have supervision of all city work….. May suspend work not conforming to requirements. Shall make and keep profiles of street grades. To advise Commissioners.. • • • • • • • · • • · • · • • · • Shall keep his office in convenient place. May appoint an Assistant City Engineer. Shall enforce compliance of contracts.. Shall deliver property and instruments to successor or to • • • • • • • • · • • • • ❤ • • • • • Chap. Sec. • 10 15 10 15 10 15 3 9 9 9 9 9 9 3 10 10 15 108 10 17 108 10 17 108 10 19 109 10 20 109 10 21 109 10 23 109 10 23 110 10 23 110 10 29 113 10 29 113 10 29 114 11 2 116 11 3 117 11 11 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 15 119 12 3 121 mmm mmm m 8 22 80 3 8 22 80 8 22 3 3 3 3 com m 3 11 10 10 3 3 ∞ ∞ ∞ ∞ a Q? al co CTH10 10 10 00 ∞ ∞ 8 3 11 35 35 34 34 8 2 72 73 75 75 10 10 Page. 2 107 6 107 107 6 10 88888888888 80 34 34 34 34 34 34 34 94 10 8 102 Estimate cost of pavements, water mains, sewers, etc... Rules governing making estimates... S 102 8 103 10 104 111 10 27 May omit estimate of costs in street improvements, when.. 10 Duty when property owner neglects to build sidewalks.... 10 Authorized to give certificates of assessments of 1886.. Shall prepare roll of deferred payments. May request Auditor for description of lands. Engineer to furnish plats. 10 27 111 10 31 115 10 31 115 94 10 5 97 10 5 97 10 5 97 1050 INDEX TO CITY CHARTER. CITY EMPLOYES- Exempt from jury duty.... CITY FINANCES AND PROPERTY- Council to have control and management.. CITY FUNDS--- SUBJECT. Special assessments to be returned to, when. Council may provide for increase. • Comptroller to notify when deficient. Comptroller not to sign contracts, when. Comptroller to sign contracts, when.. No order to be signed until money be in treasury Disposition of surplus.... City Treasurer shall receive.. Treasurer shall adjust and apportion. Orders on to be kept separately. May be deposited in banks.. Qualifications of depositories. Applications of banks for same. Designation of banks.... All Boards to be branches. • • K • • Banks to pay interest on deposits.. Council to fix and approve bonds of banks. Funds deposited subject to order of Treasurer Apportionment of deposits.. Rate of interest on deposits. Computation and disposition of interest. Certificates taken on certain deposits. Rate of interest on such funds.. Limitation of deposits.... A • • • • • • • • • Monthly statement of deposits.. Bankruptcy of city depositories. • May be deposited in foreign banks, when. Capital of banks receiving city funds.. Treasurer to secure interest on funds. To be managed in interest of city. Debts to be met at maturity... Interest collected to be placed, how. Newly organized banks may receive funds. In case of insufficient security... Deposits shall be withdrawn, when.. Provision for maintenance of reformatory. Provision for building and maintenance of city hospital. Appropriations for current expenses. Provisions for paying judgments.. • · CITY HOSPITAL Fund for building and maintaining.... CITY LIMITS, EXTENSION- How affecting tenure of office. CITY LIGHTING-See Lighting City. CITY OF MINNEAPOLIS- • Excess special tax collection, disposition of. Library Board fund.. CITY GOVERNMENT- • • • [ • • • • · · • · • • • A municipal corporation... • May sue and be sued, plead and be impleaded. May make and use a seal, etc. May take, hold, lease and convey property. Such power not restricted to city limits. Shall be capable of contracting and be contracted with. Territory comprising the city. Taxes of 1886-7... Taxes levied for school districts. Special legislation for districts six and eight. Debts of school districts assumed.. · • • · • · · w Chap. 3 28 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 LO LO LO Q 4 14 52 5 5 5 5 16 60 5 16 60 5 5 5 17 60 5 5 5 20 5 5 23 5 5 5 25 5 5 5 5 5 5 HHHHH 5 5 5 HHH 5 5 Sec. 5 26 5 5 5 27 5 27 5 5 5 12 ૭ 17 28 29 5 30 30 31 31 31 31 17 60 18 17 60 60 61 61 61 62 62 62 62 63 63 63 63 63 27 63 20 1 1 2 2 2 25 1 25 25 25 ૭ ૭ ૭ ૭ ૭ ૭ ૭ ૭ ૭ 25 26 35 35 36 5 37 27 27 31 31 32 33 33 1 4 37 1 1 1 1 1 1 1 1 1 1 1 1 1 Page. 3 38 2 8888 5 35 65 2 ২৩ ২৩ তে ৫৩ তে 2 63 63 63 63 63 63 64 64 64 64 64 64 64 64 64 65 65 65 65 65 120 27 18 18 18 18 18 18 18 19 2 19 22 1 2 19 1 2 19 INDEX TO CITY CHARTER. 1051 CITY OF MINNEAPOLIS—Continued. Moneys and properties of school districts. Sale of liquor prohibited in certain territory. Forbidden to issue liquor licenses, where.. Divided into thirteen wards.. Boundary lines of wards. Tenure of office not affected, where. Alderman of sixth ward, special provision. Distribution of taxes of 1886.. Legal successor of former cities. Public property SUBJECT. CITY OFFICERS— • • • • • Assume indebtedness, etc., of St. Anthony. Resolutions and ordinances of St. Anthony not inconsistent, etc., to remain in force.. Actions brought to enforce compliances. Actions for violation shall be by warrant. Warrant not necessary, when.. Process for violations in name of State Imprisonment for default of fine.. Imprisonment pending trial, etc. City not liable for board of prisoners, when. City not liable for jail fees, when.. • • • Council may provide for compilation of ordinances, etc. Distribution and sale of copies of publications.. No inhabitant incompetent when city party to suit. Charter provisions not modified unless expressly stated. Manner of service in case of action... · • • Publication of ordinances authorized. Ordinances, rules and orders of Council, prima facie evi- dence, when • • Certificate of City Clerk, "true copy" • Council to determine tie vote. • • Special provision relative to term. Spring election abolished.. City Board elected bienially after 1888. City Clerk shall notify of election. Removal from city or ward... • • • • Terms of office... Council to appoint certain officers by ballot. To continue in office until successor qualifies. Biennial election Vacancies, how filled. • • • ► Duties and powers of Assistant Clerk. Duties and powers of City Attorney. • · • Refusal to qualify and enter upon duties. Vacancies to be filled by Council. • • ► • • • • • • • • 2 116 117 117 117 117 11 117 11 117 11 8 117 11 8 117 117 11 S 11 9 117 11 9 117 11 10 118 11 10 118 Penalties or judgments, how remitted.. 11 11 118 118 No officer or employe to dispose or convert city property.. 11 12 Council shall invite proposals for official advertising.. 11 118 Contracting for job printing. 13 11 15 118 • Bonds of officials.... Not to be interested in contracts. Duties of the Mayor.... Mayor may maintain action against officer, when. Discharge of official duties to be enforced by Mayor. Duties and powers of President of Council.. Duties and powers of City Clerk.. City Attorney shall advise and counsel all officers. Duties and powers of Assistant City Attorney. Duties and powers of Superintendent of Poor. Duties and powers of Supervisors of Poor. • .. • · • · • • • • Elective officers of the city. Three Aldermen for each ward until 1891, after that date two for each ward.... • • • · • • • • • • • • • .. • · • • • • • • • • ·ⱭvyƆ − − A A 1 1 1 1 1 4 1 4 1 4 1 1 1 11 11 11 11 11 11 11 11 11 11 11 2 2 2 2 2 2 2 2 2 A A A ON ON OR Q2 01 02 02 N N N al al al co co co co co co con as as an em HHH HQ Q mi ai o ∞ ∞ ∞ a a 2 3 3 ∞ ∞ 2 2 2 Sec. 3 3 2 2 3 Q AM 3 H 10 6 3 3 3 3 3 4 5 2 116 7 1 1 1 1 1 2 2 3 1 2 2 8 9 9 Page. 19 19 2 10 29 1Q3 H 10 10 10 7 7 19 19 19 22 22 23 116 116 116 2 11 29 2 116 116 5 5 24 29 29 29 9 29 3 1 32 32 32 32 4 33 33 33 24 24 24 25 25 25 ૦ ૦ ૦ ૦ ૦ ૭ 25 10 10 1n co 25 25 26 2 3 32 34 34 7 34 1052 INDEX TO CITY CHARTER. CITY OFFICERS Continued. Duties of City Physician.. Duties and powers of City Engineer. Duties of Assistant City Engineer. Authority of City Engineer.. Duties and powers of Comptroller. Duties and powers of City Treasurer. Duties and powers of Wharfmaster. • SUBJECT. • • CITY PROPERTY— • · CITY TREASURER- · · • • • Shall deliver city property to successor. Must not be interested in city contract.. Payments made on such contract may be recovered from in- terested Aldermen Shall be let to lowest bidder. Proposals and contract for job work. · • • • .. Additional duties may be required by Council. Exempt from jury duty. Duties and powers of Street Commissioners. Duties and powers of General Street Commissioner. CITY PHYSICIAN— City Council may appoint. Qualification • • • • • Shall attend and furnish poor with medicines. CITY PRISON— Judge of Municipal Court may commit vagrants to…... CITY PRINTING-- • Engineer's surveys, profiles, plans and estimates. Officers to deliver to successor. Penalty for neglect to deliver. Officers shall report annual inventory. Council to have control and management. May provide for sale of...... Purchase of office furniture for water works. Punishment for interfering with.. No officer or employe shall dispose of or convert. CITY'S REAL ESTATE— • • • • Special provisions relating to term of office. General election in 1888. [3 12 • • • • • Two-thirds vote required to sell.. Exceptions in case of Industrial Exposition. Land to revert in case of default.... CITY SEALER-See Sealer of Weights and Measures— Authority to appoint... • · • To be elected bienially.. Bond shall be executed by at least four sureties. Bondsmen to justify in double the sum of the bond. Shall be approved by Council by resolution.... Council shall audit accounts.. • • • • • • • To receive tax collections, penalties and interest. To make settlement with County Treasurer. Shall receive tax collections in advance, when. Shall adjust and apportion funds.. Mayor may direct where employes shall be paid. To keep orders drawn on each fund separately.. Office vacant if books, etc., be not produced. Proceedings if delinquent or in default.. Shall give separate bond as Board Treasurer. Shall make detailed annual report to Council. Report to be filed with clerk.. Shall receive all moneys belonging to city. Shall keep detailed accounts as Council may direct. Shall be ex-officio Treasurer of Board of Education and Library Board .... • • • • • • · · • • • • 9 34 10 34 35 to] 3 18 3 19 36 36 36 3 22 3 24 3 25 ∞ ∞ ∞ ∞ Chap. • co co 3 0 0 0 00 00 3 3 3 00 CO CU 3 OP A Cu cu cu c 3 3 ∞∞∞ Sec. 3 8 444 OL OLOL 4 7 9 4 25 w w w CU CU HAANNNNNN 26 28 6 6 8 3 24 30 4 14 со со со 11 15 119 11 119 4 14 0 10 10 10 10 10 10 1212 15 4 14 5 5 9 10 9 17 11 12 118 10 2 2 2 2 10 2 10 2 10 4 13 4 13 11 35 24 37 37 38 52 52 90 92 5 2 OL OL 4 13 3 20 14 52 14 52 52 N N N 3 21 2 3 21 Page. 34 සය 5 20 34 25 26 2 26 29 29 29 5 20 51 51 51 36 36 36 3 19 36 37 37 37 37 38 75 76 34 34 34 50 3 19 36 22 3 19 36 61 5 20 61 61 23 46 5 20 61 182 823 62 62 INDEX TO CITY CHARTER. 1053 CITY TREASURER-Continued. To take certificates of deposit, when. Make monthly statements of deposits. Shall file same with clerk.. SUBJECT. Exempt from liability, when. Authority to deposit in outside banks, when. To secure interest on public funds.. To manage funds in interest of city. To be licensed. CISTERNS- Not to postpone payments when due... Shall make annual statement of interest received. Shall give bonds to Library Board. Duties relating to Library Board. Exempt from liability, when………. CITY WORK- · • • Shall withdraw funds deposited, when.. Shall keep water rents in water works fund. Shall only pay out on orders signed by President of Board.. Shall be Treasurer of Library Board.. • Engineer shall have supervision and charge. By the day, when... CIRCUSES- Regulate size and material. COMBUSTIBLE MATERIALS- Authority to establish, etc. CLAIMS To be audited and adjusted by Comptroller. Against water works department. Comptroller to audit.... · · • • · CLERK- Of Municipal Court, Council shall audit books. Office vacant if books, etc., be not produced.. Proceedings in case of delinquency or defalcation. Board of Equalization power to appoint.... Compensation of Clerk of Board of Equalization. Police department, how appointed... COAL- Taxes to be collected, how... Advanced by County Treasurer, when. Certified statement of tax collections. Of sidewalk assessments... COLUMNS— • City not liable for.. COMMISSIONERS, PUBLIC GROUNDS- • ► • Authority to designate kind to be used by locomotives..... COLLECTIONS- " Authority to regulate storage, etc. Authority to license vendors... Authority to regulate the use in blasting. COMMITMENT FEES • • Quorum How notified To be sworn by Clerk or other officer. Nature of oath.. Penalty in case of failure to act. Recovery of penalty. To award compensation for property taken. Qualification of Commissioners. • • · • • To give notice by publication of meeting To hear interested persons. • • • • Shall meet and view premises. May adjourn from time to time. Report appraisement and award to Council. (C 66 (+ 66 (6 66 • • • · • • ► • · ་ • · • • • ABUƆ10 10 10 10 10 10 10 10 10 10 0 0 HH 5 27 5 63 63 5 28 63 63 64 64 31 64 64 64 64 89 89 121 121 122 5 122 5 9 12 12 12 12 ૦ ૦ ૦ ♡ 00 3 5 33 9 9 4 4 3 3 w 9 12 44 40 10 CO 5 6 4 10 10 10 ∞o 10 34 8 5 75 5 5 5 Sec. 8 4 28 4 29 4 30 11 31 31 31 9 4 4 10 10 5 10 5 10 5 10 5 18 36 9 89 122 13 51 13 51 +∞ Tal 6 13 51 1 4 56 56 66 5 19 20 21 12 10 4 5 5 10 10 10 Page. 5 5 10 41 3 45 w w w w w w w w w ☺ ☺ ☺ ☺ ☺ 44 61 61 61 77 47 44 44 44 118 95 3 95 10 10 10 10 10 10 10 3 95 10 95 10 3 95 10 10 3 95 10 10 10 3 95 3 95 3 95 3 95 3 95 3 95 3 95 3 96 1054 INDEX TO CITY CHARTER. SUBJECT. COMMISSIONERS, STREET GRADES- How appointed Benefits to be assessed. Damages, how awarded. 6 66 St • • • • Penalty for neglect of duty. Notice of meetings. Meeting and adjournments. City Engineer to advise.. Rules governing May have aid of any city officer. To report appraisement and award to Council. Syle and form of report.... May give re-hearing to property owners. Must publish notice of re-hearing. May correct, alter and revise award and assessment. Report revised list to Council.. COMMISSIONERS, STREET IMPROVEMENTS, ETC- City Council shall appoint. Quorum and vacancies... Penalty for failure to attend. Shall give notice of meeting. City Engineer to advise... Appraisement and award. To report to Council. • • To make assessment list. Nature of list... • · • · • • • • • ·· • License and regulation…. COMPENSATION— Of offenders in iieu of fine... COMPILATION OF ORDINANCES- Prima facie evidence... Council may provide for.. COMPENSATION- • · • COMMITTEE ON TAXES- To constitute Board of Equalization. COMMON SHOWMEN— Council may reduce, when.. Limitation of such reduction. COMMISSIONERS, STREET-See Street Commissioners. COMMITTEE ON LOCATION OF GROUNDS- Report to Council... If for water works, • Of City Clerk... Of Engineer and assistants.. Of Aldermen acting as Judges of Election. Of Board of Equalization.. ·· • Council to fix compensation of officers. When fixed not to be changed during term. Of Deputy Comptroller.. • • • www • • • • • • • Of Water Commissioners.. Of employes of Water Board. Of County Auditor..... City may tender compensation of lands taken. Of property owner to be limited, when. Of police force, how fixed... COMPEL ATTENDANCE- Of Aldermen, Council may. COMMON SEAL- • • • • • • • • J • • . ·· • ∞o ∞ ∞ ∞ so on (r, co ou oo ∞o co oo io Oo ∞ Chap. S 8 10 10 10 10 10 10 10 10 10 10 5 4 ∞ ∞ no mo mɔ 00 10 10 a a 3 3 3 3 Dan N N N N N N N N N N N N N N Wa 3 5 2 72 9 2 72 ૦ ૦ ૦ 2 73 2 73 City may make, use and alter. COMPTROLLER-See City Comptroller. CONCEALED WEAPONS— Authority to license, prohibit, and regulate the carrying.... 4 CONCERTS— License and regulation.. 4 2 73 2 73 2 73 2 73 2 2 is 73 2 73 74 74 74 74 2 10 1 10 1 2 2 10 10 10 10 10 10 10 10 LC 5 4 5 5 5 5 5 Page. 5 72 5 5 5 3 7 50 4 10 51 11 3 117 3 3 33 ~!~] 97 9 34 37 27 27 37 29 38 29 38 3 31 38 98 p 93 98 98 98 99 99 99 5 94 94 5 11 57 11 58 7 8 55 10 31 115 10 30 115 10 30 115 6 66 88 88 4 3 40 1 1 18 4 5 49 41 INDEX TO CITY CHARTER. 1055 CONDEMNATION— Right of Council for public buildings. For streets, alleys and public squares. Manner of condemnation.. • Proceedings abandoned, when. Owners to furnish abstract of title. If owners fail to furnish abstract. Lawful and sufficient, when... Compensation from permanent improvement fund. Lands taken, how described.. Lands assessed, how described. CONFISCATION— Term of contract. For job printing. Of concealed weapons. CONTAGIOUS DISEASES— Authority to prevent landing of boats.. To make disposition of persons afflicted. Authority to regulate and quarantine.. CONTRACTS— SUBJECT. COPIES OF BONDS- City may contract.. Shall be signed by the Mayor. Comptroller shall countersign. Comptroller shall keep book in which shall be entered. Interested parties may inspect.. • • K Authority to contract for erection of gas works. Right reserved to reduce street lighting service... Void if Street Commissioner or Engineer be interested. Not to be awarded to person in default to city. For laying water mains. In case no funds.. 66 "( 66 66 • COUNTY AUDITOR- Not binding until countersigned. • • Improvements may be performed on contract. Council may await contract before assessing. For official advertising. Discretion of Council in awarding. .. • • • • • Officer may be heard by. • • • Library Board may make and enforce.. CONTRACT WORK- • • • • · Prima facie evidence of contents. CORPORATE SEAL- Shall be kept by City Clerk.... Assistant City Clerk authorized to affix. Comptroller authorized to use.... COST OF IMPROVEMENTS— City Engineer to make estimate... COUNSEL • • • • Shall deliver assessments books, etc..... Duty to transmit tax statement to Comptroller. Time for transmitting statement.. To report abatement to comptroller.. • • · .. • • • • • • • · • • ·· • • ·· • ... + A*Chap. · 10 10 10 4 15 15 15 4 4 4 10 10 10 10 4 4 4 4 5 133 00 00 4 10 3 5 8 ∞ ∞ ∞ ∞ Council may contract for street cleaning. 8 75 8 5 75 All work done or constructions made may be contracted for 8 5 75 Notice for proposals. Work forfeited if Commissioner be interested. CONTRIBUTION— Of owners to drain wet lands.. Not to exceed benefits... CONTROL OF STREETS-See Streets. CONVERSION OF CITY PROPERTY— By officer or employe... 8 9 9 11 Sec. 10 17 17 3 17 5 11 8 8 25 9 11 5 18 32 36 36 36 45 58 76 81 90 9 11 90 9 11 91 9 11 90 10 20 109 10 20 109 11 13 118 11 13 118 11 13 118 11 15 119 12 1 120 53 53 53 96 96 96 96 4 96 99 5 99 4 w w w 4 10 10 10 5 4 10 10 10 5 5 5 1 1 4 00 6 6 Page. 8 76 н со 49 4 46 46 47 10 5 32 3 3 33 3 18 36 4 12 118 ор со 34 64 CO CO 86 86 97 40 5 1 55 5 21 61 5 21 61 5 21 61 1056 INDEX TO CITY CHARTER. COUNTY AUDITOR-Continued. To report delinquent taxes. To report delinquent taxes of prior years. To make certified statement of collections. Shall extend assessments against property Shall note cancellation of assessment. Certificate of construction authority for cancellation. Council may order assessment collection to cease, when. Shall divide assessments, how.. Shall add interest, how.. Manner of keeping his books. To extend balances of deferred payments. Per centum to be added.. 66 66 (6 (C "C SUBJECT. • • · • Duty concerning library tax levy. COUNTY JAIL- K • • To furnish Engineer detailed description of property. Engineer to furnish plats. Compensation Receipts where certificates are used.. To pay library tax to City Treasurer • • • • Authority to use as work-house. Prisoners to be in custody of Sheriff. Prisoners to be in custody of Police, when. COUNTY TREASURER- To pay over taxes... To pay over interest and penalties.. To make settlements with City Treasurer Shall advance tax collections, when.. Shall accept certificates of construction in lieu of money. • • • • • • • • · • · • • • Service of summons in action to recover. Action to be commenced, when... • COURTS See District Court and Municipal Court- Action to enforce compliance by Council or Board of Sink- ing Fund Commissioners.. Library Board may sue and be sued. COVERED DRAINS-See Drainage. CRIBS IN MISSISSIPPI RIVER- Right to Construct..... CURB STONES-See Pavements. CURRENT EXPENSES- Comptroller to report estimate. Revenues to be devoted to.. Council to make tax levy to meet same. Limitation of such levy. Limitation of appropriation from fund. Comptroller to make quarterly report. When in excess of estimates.. Council shall make reductions, when. Permanent improvement fund not to be applied. CURRENT EXPENSE FUND- Appropriations from Excess of tax collections for payment of judgments. Defray expenses of fire department. DAMAGES- • • • • For improvements assessed to property benefited. Sustained by persons from defective sidewalks. Execution to issue, how. · • Awarded property owners for change of street grades. When and how computed.... City owner of judgment, when.. City entitled to execution against property owner. By means of defective sidewalks, a ward charge. For insufficiency of streets or sidewalks. · • • • • • · • • • · • • • • • • • •• • 5 444 5 21 61 10 15 107 10 15 107 10 15 107 10 17 108 10 27 110 10 27 111 10 27 112 10 27 111 10 27 111 10 27 112 10 31 115 10 31 115 10 31 115 12 6 123 10 10 10 10 10 10 10 10 10 5 5 20 61 5 20 61 5 20 61 5 20 61 10 15 107 10 27 112 123 12 6 5 5 σ σ σ Chap. 5 14 59 12 1 120 5 10 1 94 5 5 8 57 9 57 10 57 5 10 57 10 57 11 57 11 57 5 11 57 557 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞o ~~ Sec. 21 8 8 61 21 61 7 7 7 8 5 16 60 8 Page. 10 50 50 50 36 65 37 65 70 2 2 8 10 FONN 8 14 14 78 8 14 78 14 78 78 8 15 79 8 19 73 74 77 8 19 79 79 8 20 79 INDEX TO CITY CHARTER. 1057 DAMAGES-Continued. Notice of action to recover. No notice required, when.. Liability of railway companies. DAMS AND WING DAMS- Right to construct.... DANGEROUS SIDEWALKS- Street Commissioner shall remove, when. Expense of removal to be assessed. Liability of owners.. DANGEROUS STRUCTURES- • SUBJECT. Authority to compel removal. Expense to be assessed, when... DAY OF ELECTION—See Election Days. DAY WORK-See Work by the Day. DEAD- Burial of may be regulated……. DEAL ANIMALS- Deposit in water, sewers, etc... DEATHS • • • • • g • Authority to provide for registration.. To provide for burials. DEBTS- Of school districts assumed by city. DELINQUENT OFFICIALS- Council shall prosecute. DELINQUENT TAXES- · Auditor to report to Comptroller.. Of prior years. DESTRUCTION OF INSTRUMENTS— Used for purposes of gambling. DEPOSITORIES— Manner of designating. Qualification Application of banks for city funds. Council to fix bonds.. • · · • • Banks to pay interest on city deposits. Amount and approval of bonds.. Apportionment of funds deposited. Rate of interest on deposits... Computation and disposition of interest. Certificates of deposit taken, when. Rate of interest on certificates. Bankruptcy of bank.. May be located outside of county, when Amount of capital required.... Treasurer to secure interest from. Newly organized banks. • How appointed, term, etc. May give and sign notices.. Compensation fixed by Council. DEPUTY COMPTROLLER- • In case of insufficient security. Deposits shall be withdrawn, when. Reinstatement of depository. Bonds to continue in force.. DEPUTY ASSESSORS- → • · • • · Restraint and prohibition... DIRECTORS-See Library Directors- Names of first Library Board.. • • • • • • • • · Appointment... Shall file oath of office. May be required to give bond to Comptroller. Compensation DICE, CARDS, ETC.- • • • • • 00 00 00 8 10 1 94 +4 ∞ ∞ ∞ Chap. 8 13 78 9 4 4 1 4 8 14 78 4 5 10 5 5 5 5 5 5 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 NNN QI QI Q? OI OI N N N O 5 5 5 21 5 21 5 5 5 5 5 5 Sec. ૭ ૭ 10 10 10 5 20 80 20 80 80 21 mmm m 13 78 5 17 3 4 10 10 5 5 ૭ 13 4 25 25 25 25 25 25 26 27 27 27 62 62 62 63 63 63 63 63 63 63 63 63 64 30 64 64 31 32 64 33 64 33 64 27 5 1 29 30 5 6 ✪ Hd pud 1 ∞∞∞Page. 3 31 5 33 64 34 3 31 28000 ແດ 5 12 11 49 49 45 92 45 45 19 51 61 61 43 38 38 3 31 38 31 38 64 10 10 10 10 10 CO 55 55 56 43 124 1058 INDEX TO CITY CHARTER. DISCHARGE- DIRT, RUBBISH, ETC.- Removal of DISBURSING MONEYS Law governing same. DISBURSEMENTS-See Finances. Penalty on judgment, how.... DISEASED MEATS Authority to inspect, condemn and destroy... DISEASES-See Contagious Diseases. DISORDERLY ASSEMBLIES- Authority to prevent... DISORDERLY HOUSES- Authority to suppress. DISQUALIFICATION FOR OFFICE— Officer guilty of fraud forever disqualified..... DISTILLERIES— Location and management.. SUBJECT. Precedence of case. Judgment of court. DISTRICT COURT-See Appeals and Courts- Warrant in favor of Clerk of. Parties may petition... Shall make an order, when. • Right of parties to appeal to. City Clerk to furnish copy of award. No pleadings on appeal. DOUBLE COSTS- Shall appoint Appraisers, when. Parties to appeal shall be heard. Shall fix time and place of meeting. Shall allow compensation of Appraisers. May recommit award…….. May appoint new Appraisers. No appeal allowed.... No writ of error allowed. May adjudge double costs. DISTURBANCES— Authority to prevent... DIVERSION OF STREAM-See Bridges. DOGS DONORS • • • In case of frivolous appeals. Authority to prevent running at large. To license To summarily destroy, when.. • City Council may provide.. DRAYMEN AND EXPRESSMEN • • Of money, etc., may vest title in Library Board. DRAINAGE- • Authority to regulate. DRIVING ON SIDEWALKS Authority to prevent.. DRUGGISTS- May sell liquor, for what purposes. DRUNKENNESS Authority to prevent on streets and public places. To provide for arrests... DUTIES OF OFFICERS-See City Officers- • Mayor shall see that they are enforced. Duties of Policemen to be designated by Mayor. DYE HOUSES— Authority to designate location. DYNAMITE- Storage • · • • · + ✈ Chap. o, Sec. 5 22 11 11 118 4 4 5 46 4 5 43 10 10 10 10 2 11 4 12 4 5 8 444 10 10 10 4 4 10 5 4 96 4 97 4 97 6 100 10 6 101 10 6 101 10 6 101 10 6 101 10 101 6 10 6 101 10 6 101 10 û 102 10 6 101 10 6 101 10 6 101 10 6 101 10 6 102 3 ♡ co 10 5 6 4 4 5 10 6 102 7 123 5 4 5 4 4 5 Page. 45 62 5 44 44 5 44 43 1 1 30 10 76 5 44 5 47 5 43 5 45 45 45 42 32 66 49 44 INDEX TO CITY CHARTER. 1059 SUBJECT. EDUCATION-See Board of Education. EIGHTH WARD Boundaries ELECTIONS To be held bienially.. At time of general State election.. Special elections to fill vacancies. Not to be held within sixty days of general election. Not invalidated by defect in notice... Eight days' notice may be given, when. All elections shall be by ballot.. Office to be designated on ballot. Spring elections abolished. General election in 1888. 66 66 66 66 • Ballot boxes, how marked. Ballots must be endorsed. City election in 1887. Council to settle tie vote of people. Officers to be elected biennially after 1888 Mode of conducting elections.. All returns to be made to City Clerk. Qualifications of voters... • · • Council to divide wards into precincts. Council shall designate polls... In case Council fails or neglects. Manner of depositing ballots. Ballot boxes to be provided. 66 66 66 (C "C • Of Library Board... Of Library Directors in 1886. Subsequent elections • · • • • • • Additional ballot boxes... Municipal Judges to be balloted for. Council shall canvass returns. · City Clerk shall notify officers of their election. Vacancies to be filled by Council.. • • To be established by Council. Date for making designation. Limitation of precincts.. In case Council neglects or fails. ELECTION, SPECIAL-See Special Election. ELECTION RETURNS- Limitation for making returns. • Library Directors Returns and canvass for Library Directors ELECTION, NOTICE OF-See Notice of Election. ELECTION, JUDGE OF-See Judge of Election. ELECTION PRECINCTS- For city officers to be made to Clerk.. For State and County officers to Auditor. Judges shall return to City Clerk... • • • • Boundaries ENDOWMENTS-See Fees and Emoluments. • • · • · . • · .. Council shall canvass. ELECTIVE OFFICERS- Mayor, Treasurer, Comptroller, Aldermen and Boards of city ELECTRIC WIRES- Authority to regulate, etc... Council may require laid in area.. Council may require to be laid beneath surface of street... ELEVENTH WARD— • ·· Chap. Sec. তে ৩ে ২৩ ২৩ ২৩ ২৩ তে তে ৩ে তে তে ৩ে তে ২৩ তে হত হত তে হ৩ হ৩ ২৩ ২৩ ২৩ ২৩ ২৩ ২৩ ২৩ হতে হতে তে 1 3 21 2 2 25 2 2 2 2 25 2 2 2 2 2 2 2 25 2 2 2 25 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 12 12 12 12 12 te to ૭ ૭ 2 N N N N N N N N N N N N N al m M HILO LO 10 10 10 10 10 10 10 10 00 ∞ ∞ ∞ o al mo o 2 2 2 ૭ ૭ ૭ ૭ ૭ 4 6 8 9 9 2 2 2 2 2 2 2 2 25 3 3 4 5 5 5 5 5 5 5 5 8 8 9 2 2 3 3 Page. 10 10 10 10 5 5 5 ২৩ ২৩ ২৩ ২ ৩ ৩ ২৩ ৩ ৩ ৩ ২৩ ২৩ ২৩ 10 10 10 10 28 28 28 29 29 29 2 120 121 121 121 121 mm co ∞ ∞ 25 8 8 25 25 25 25 26 26 25 26 27 27 27 27 27 27 28 27 28 28 ៦៦៦៦ 27 5 27 27 3 27 27 3 27 29 29 8 29 2 1 24 5 48 5 86 5 86 1 3 22 1060 INDEX TO CITY CHARTER. SUBJECT. EMPLOYES OF CITY-See City Employes- Council may reduce force, when.. Payment of Library Board may appoint. EMPLOYMENT AGENCIES- May be licensed.. To keep public record. ENCROACHMENT ON STREETS- Removal and abatement.. ENCUMBERING OF STREETS To be prevented... ENFORCEMENT OF ORDINANCES- Power of City Council.. • • • · •• ENGINE HOUSES- Council to build and maintain.. Rules for use and protection.. Punishment for interference with. Manner of acquiring grounds for. ENGINEER-See City Engineer. ENLARGING SEWER-See Sewers. ENLARGING WATER WORKS-See Water Works. EQUALIZATION-See Board of Equalization— When completed .. ESCAPES-See Fire Escapes. ESTIMATES— EVASIONS-See Violations. EVIDENCE-See Prima Facie Evidence- Fire Marshal's powers. Of bonds by Council... EXCESS OF COLLECTIONS— Of indebtedness invalid unless signed by Comptroller. In Court, certified records of Comptroller... EXAMINATION— Credit to current expense funds.. EXHIBITIONS- License and regulation.. EX-OFFICIO-See Officers- • • City Treasurer to be Treasurer of Library Board. Same, Board of Education. Mayor Library Director. EXPENDITURES— Council given authority to make. 66 (( "" • • • • Authority to restrain, etc... EXPRESS REPEAL- Authority of Library Board. Authority of Street Commissioners. EXPENSE- City's portion of for permanent improvement, how paid. Watchmen to serve without expense to city. • • Of Fire Department.... Of Library Board met by taxation. EXPENSE FUND-See Current Expense. EXPLOSIVE MATERIAL— • • • Power to prevent storing. EXPOSITION-See Industrial Exposition. EXPOSURE-See Indecent Exposure. EXPRESSMEN- • • Necessary as to charter provision.. EXTENDING STREETS-See Streets. EXTENDING WATER WORKS-See Water Works. EXTENSION— • • • Of city limits not to affect tenure of office.. Council may acquire land and buildings for water works.. Condemnation proceedings • ·· 12 ++ 4 4 4 4 His 4 777 Chap. sec. 10 Co m 710 5 4 co co al 3 12 10 10 22 CO 5 5 12 11 22 8 5 4 56 12 62 1 120 10 10 5 3 13 35 5 3 14 35 5 37 5 5 T OF Ot 5 9 3 9 44 - 3 19 19 11 1 74 34 10 Page. 5 41 41 16 16 1 6 4 5 47 44 41 37 65 69 69 69 94 e p 6999 5 16 60 6 3 67 7 10 70 6 122 64 7 2 68 41 36 36 124 59 60 120 75 11 5 117 1 4 22 45 83 83 INDEX TO CITY CHARTER. 1061 FACTORIES— Soap, removal or abatement. Soap, cleansing Glue, location of. FALLEN WOMEN- Provision for reformation and care. FALLS OF ST. ANTHONY- Pollution of water above.. FALSE WEIGHTS AND MEASURES- FINANCE- SUBJECT. • Use of FASTENING HORSES Hitching posts and rings. FAST DRIVING- Authority to prevent... FEES AND EMOLUMENTS— Accruing to officer shall be reported to Council monthly.. Shall be paid monthly into City Treasury. FERMENTED LIQUORS—See Liquors. FIFTH WARD- Boundaries of Liquor license limits. .. • • Fiscal year of city.. Fiscal year, proviso for 1889. City Comptroller to estimate expenses. Time for reporting estimate to Council. Statement of revenue received by city.. Comptroller to make a tax levy computation Requirements of such computation. Time for making same. Comptroller to make ward estimates. Revenues from licenses, rents, fines, etc... Fines collected from houses of prostitution. Costs and judgments collected for city. Proceeds of sales of property. City Council to levy tax, when. Current expense tax limited. Appropriations for year to be prior to tax levy. City Council to make appropriation for current expenses. Limit of current expense fund. Comptroller to make quarterly report of expenses. Comptroller to report taxes collected and outstanding Council to reduce current expenses when in excess. May reduce expense of street lighting.. May reduce force of employes except in fire department... Right to reduce to be reserved in street lighting contracts.. Council to make ward tax levy. Limitation of ward levy. Interest on bonded indebtedness. Council to provide for payment of same. To provide a fund for payment of principal Fund not to be applied to other purpose. Not restrict investment of sinking fund. Sinking fund for payment of bonds, etc. Authority of Council to maintain, etc. No power to abolish nor divert fund. Excess of collections. • • • • • • • • • • • • • • · • Increase of sinking fund. Sinking Fund Commissioners, their duties. Power of Council to appoint same. Investment of sinking fund.. Permanent school fund.. Bonds not to be cancelled, when. Interest to be applied to sinking fund. Payment of bonds at maturity.. • • · • • · • • · • • • · · • • · · • • • • • • ● • • • • • · • • • • ← →→Chap. Dior of Sec. 4 5 9 17 4 4 4 44 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 1 5 3 29 5 3 29 5 5 5 5 5 5 5 5 5 5 5 8 5 5 5 35 5 5 5 5 10 56 5 7 56 57 57 57 57 57 8 57 8 57 9 57 9 57 9 57 9 57 10 57 10 57 10 57 10 57 10 57 11 57 11 57 57 11 57 11 58 5 11 58 5 12 12 5 13 5 13 5 5 5 10 5 8888 5 3 5 11 HHHHH T 0 10 5 7 оо со оо оо со оо -- 5 5 14 14 5 5 14 5 14 Page. 58 58 58 58 5 13 58 13 58 13 58 14 58 58 58 58 58 43 43 49 5 14 65 5 14 5 14 5 14 92 ** 46 48 44 38 38 5 14 58 21 42 5 14 58 14 58 58 58 59 59 1062 INDEX TO CITY CHARTER. FINANCE-Continued. · SUBJECT. One mill tax omitted, when.. Decrease of interest and depreciation of investment. Dereliction of Council or Sinking Fund Commissioners. Tax payers or bond owners may enforce compliance.. Bond contracts to be kept inviolate.. When sinking fund be insufficient.. Council may issue bonds to meet deficiency. • Special authority required for other bonds. Council cannot create debts or liabilities without special law Council may issue bonds for permanent improvement. Limit of such bonds... Terms and rate of interest of bonds. Proceeds to be kept distinct. Council may provide for payment... Fund may be used in advance of assessment Expense of any improvement assessed.. Expense of bridges, water works, etc., how payable. Permanent improvement fund exclusive. Proceeds of special assessment. Council shall make levy for permanent improvement. May contemplate increase of fund.. Limitation of such tax levy.. • period Periodical payments on contracts. Comptroller to notify Council when funds deficient. When funds insufficient to meet proposed contracts. Comptroller not to sign contracts, when. In case of special assessments for improvement. Comptroller may sign contracts, when... · · · • • • • • • • • · Comptroller not to sign orders when fund exhausted. Orders on treasury signed in order of claims. All taxes levied by resolution of Council. No tax invalid by reason of informality. Disposition of surplus fund.. Council to make statements of tax levies. Limitation or furnishing statement.. Collection and enforcement of tax levies. County Treasurer to pay over taxes. Interest and penalties collected... County Treasurer to account to City Treasurer County Treasurer shall advance tax collections. Advances to be accounted for at settlement. • • • • • • · Contract may contemplate improvements to extend over • • • Not invalid because levy may exceed amount required. 66 66 66 66 66 66 ،، 66 • • City Treasurer shall apportion such funds. County Auditor's tax statement... Limitation to transmit statement to Comptroller. Statements of abatements, corrections, etc. Taxes cancelled as uncollectible. Statement of delinquent taxes. Delinquent taxes of prior years • • • • • • · • • • • • • • · • • · • • • • • • • • Auditor to furnish Comptroller statement of collections.. City orders, when issued. • • Orders must be signed by Mayor and Clerk and counter- signed by Comptroller Form of orders on City Treasury • City Council may provide for employe pay-rolls. Forms of pay-rolls.. Warrants to meet pay-rolls. Mayor may direct Treasurer to pay employes in any par- ticular place in city... Pay-rolls of Board employes. • • Treasurer to cancel orders when paid.. • • • • 'deyƆ 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5 14 59 59 5 14 59 5 5 14 5 5 5 5 5 5 5 5 5 5 5 5 5 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 5 5 5 5 5 5 5 5 5 Sec. 44 5 14 59 59 59 59 15 59 59 59 59 59 16 59 59 59 59 60 60 60 60 60 60 60 60 60 14 10 10 10 10 IN 15 5 17 60 15 5 17 60 15 5 17 60 17 60 5 18 60 18 60 18 60 18 61 18 61 19 61 19 61 19 61 20 61 20 61 5 16 5 16 5 16 10 10 10 16 5 16 5 16 16 16 16 16 16 5 20 61 16 5 20 61 17 17 17 17 17 5 21 61 21 61 5 21 61 5 21 61 5 21 61 5 21 61 20 20 5 21 61 22 62 5 22 5 22 Page. 6809 ૭ ૭ ૭ ૭ ૭ N N N N N 22 22 22 61 61 ૦ ૦ ૦ Nam 22 62 62 62 62 62 20929 22 62 8883 62 5 23 62 INDEX TO CITY CHARTER. 1063 SUBJECT. FINANCE-Continued. Orders to be filed separately by Treasurer. Council may examine cancelled orders and bonds. Destruction of cancelled instruments.. Depositories of city funds.. Qualifications of such depositories. Application of banks for same. Interest on deposits.... Council to fix bonds of banks. City Clerk shall notify bank of amount of bonds. Council to approve bonds.. Council to designate depositories. Subject to order of Treasurer. Rate of interest on deposits. • • D Treasurer to deposit funds in banks designated. Funds distributed in banks, how. • • • • • Interest computed end of each month. Computed interest placed to credit of city. City Treasurer to take certificates of deposit, when. Rate of interest on certificates of deposit. Limitation of amount of deposits... • • • • Council shall examine all bonds. Council may require new bonds... Bonds to be recorded by Comptroller. Imposed by Municipal Court... Imprisonment for default. • • • · • • Interest collected to be credited to various funds. Newly organized banks may receive deposits. Qualification and designation of such banks. Council may require new bonds, when…….. City Treasurer may withdraw deposits, when. Council may reinstate banks as depositories. Bonds to continue in force.. • Shall be received by City Treasurer. Belong to revenue of city. May be worked out.. Revenues from... Of keepers and inmates of bawdy-houses. Of persons resorting to houses of ill fame. For refusing to obey orders at fires.. A • • • • • • · Bonds to be deposited with Treasurer. Records and copies of bonds prima facie evidence. Council authorized to set aside fines of keepers, etc., of bawdy-houses • • • Institution for care and reformation of fallen women. Building or maintaining city hospital.. Orders paid from current expense account. Tax levies to meet judgment against city. Council shall make special levy for judgments. New levy for judgment against city, when. Excess of levy paid into current expense fund.. FINES- • · · · Treasurer to make monthly statement of deposits.. City Clerk shall furnish copies of statement for publication.. 5 Treasurer exempt from liability, when... When banks decline to give bonds for deposits.. City Treasurer and Council Committee to negotiate with banks outside county Treasurer to deposit in banks outside county, when. Limitation of capital of such banks.. City Treasurer to secure interest.. Treasurer to manage funds in interest of city. Treasurer shall not defer payments after due. Treasurer to make annual statement.. • · • · • • • • • • • • • 5 • 1 TO 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 LO 5 5 25 5 5 5 25 62 62 5 5 25 5 5 25 5 5 25 62 5 25 5 5 5 5 5 5 5 5 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 5 5 5 5 5 5 5 Sec. ২৩ ২৩ ২৩ ২৩৩ ২৩ ২৩ তে তে হত ৩ ২৩ তে হত ২৩ হতে ২৩ তে ২৩ হ৩ তে তে 23 5 5 29 30 10 10 10 10 10 10 10 1 5 24 62 24 62 5 30 5 10 10 10 10 5 30 30 31 31 31 31 31 31 32 32 33 33 33 5 34 5 5 26 26 3 BH 10 10 10 1- 25 63 26 25 63 63 63 63 27 17 ~ ~ 27 11 11 27 5 34 5 34 27 5 34 34 5 34 27 28 28 63 63 27 63 63 63 63 63 35 ww 88 Page. 5 37 62 5 37 1-77- 3 19 23 63 63 63 6 - 63 63 35 63 63 I F F F F F F F F F F F F F F F F F F 64 64 64 64 64 64 64 65 35 65 35 36 5 37 64 64 64 65 65 65 5 37 65 65 65 64 64 64 64 64 64 36 37 4 7 50 64 64 RRRRRRR 5 9 57 5 35 65 65 9 70 9 117 9 9 117 1 1064 INDEX TO CITY CHARTER. FIRES- Authority to compel owners of buildings to provide pro- tection FIRE ALARM TELEGRAPH- Council to erect and maintain. Rules for use and protection. Punishment for interference with. FIRE APPARATUS- Council may keep and maintain. Rules for use and protection... Punishment for interference with. FIREARMS— SUBJECT. · Authority to prevent use or exhibition.. Power to prevent use of…..... FIRE DEPARTMENT— • • Force not subject to reduction... Council may prescribe fire limits.. Council may require fire-proof structures. Council may prescribe precautions against fires. Council may prohibit repairing of buildings, when.. Council to prescribe manner of consent to make repairs. Council shall have power to prescribe construction of chimneys · • May cause same to be removed, etc.. May prevent deposit of ashes in streets, etc. • • • • Council may compel use of spark arresters.. Council may prevent and regulate dangerous manufac- tories, etc. • • • • May prevent storing of explosive materials. May prevent use of firearms and fireworks. May provide for seizure and destruction of same. May compel owners of buildings to provide fire escapes.. May regulate the location and construction of smoke houses • • • • • · • · • • · · • Expenses of Fire Department. Payment for buildings. Council power to prohibit wooden sidewalks. FIRE ESCAPES- Authority to compel erection... To be maintained on buildings. Number and location regulated by Council. • • • • • • • • · • • • • · • • • • Council may keep and maintain fire engines, etc. Power to build engine and hose houses, etc. To erect and maintain fire alarm telegraph. To make rules for government of department. To provide for punishment of persons injuring property.. To keep idlers and suspected persons from vicinity of fire To compel bystanders to aid in preservation of property. Shall annually appoint Chief Engineer. Shall provide for other officers and men.. Rank and duties of Chief and other officers Compensation of members of department. Chief Engineer to nominate other officers and men. Chief may remove members with consent of Council. Council may reduce force.. Council may designate a Fire Marshal. Duties of Fire Marshal….. Authority to enter any dwelling house or building Duty to examine into cause of fires.. To keep record of fires and report to Council. Council may provide fire police... Council may determine powers of same.. May give full police powers to firemen . • • Policemen subject to direction of officers of fire department 7 77 Refusal of persons to obey orders. Penalty for refusal... • · · • • Chap. Sec. 4 777 7-27 ~ ~ ~ ~ ~ 07 5 7 4 5 7 7 7777 27-1-1-1- NNNNNN 7 7 7 7 7 7 m ~} ~} ~} ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~} −1 58 1 68 1 68 77 1 68 7 7 7 77 7 1 68 1 68 7 7 7 7 7 7 7 7 10 7 5 7 77 44 CO 4 - 1- 3 69 10 02 7 17 77 5 4 4 69 3 69 11 ૨૭ ૨૭ ૨૭ ૨૭ A NI AI O A 2 2 2 2 OFOTOTAPA A CU CU CU TO * Page. 48 *** **: 5 69 2 68 NNN ∞ ∞ ∞ ∞ — 7 7 8 69 3 69 8 69 3 69 8 45 68 3 69 9 4 69 4 69 4 69 4 69 69 69 69 5 69 6 69 6 69 6 69 7 69 7 20 79 01 68 68 68 68 68 68 68 68 68 69 69 69 69 70 70 70 8 70 70 7 9 70 10 70 10 70 7 11 70 ♡ 888 5 48 68 68 INDEX TO CITY CHARTER. 1065 FIRE LIMITS- Council may prescribe.. Wooden sidewalks may be prohibited. FIRE MARSHAL- Council may designate... Shall enforce fire ordinances. Power to enter buildings to make examinations. Report cause of fires.. FIRE WOOD- FIRE PLACES- Council to prescribe manner of construction.. FIRE POLICE— Council may provide for. Council to designate number and powers. FIRE PROOF STRUCTURES- Council may require.... FIREWORKS- To prevent obstructing public ways. Regulate selling.. Authority to prevent display. Power to prevent display. FIRST WARD- Boundaries of.. Liquor license limits. FISCAL YEAR OF CITY- When to begin..... Provision for 1889. FISH ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ SUBJECT. • Authority to license and regulate sale. To inspect... FLAGMEN- FOUNDRIES- • Authority to compel employment... FLOOR BEAMS- Regulate size and material.... FLOUR- Authority to inspect, condemn and destroy. FLUES- Regulate size and material. FORCE OF LAW- FORM- Provisions of ordinance to have. Boundaries of. Liquor license limits. FUEL, LIGHT- • • Assessment roll-Opening street... Assessment roll-Paving Assessment roll-Sidewalk GAME- • Assessment roll-Repair of sidewalk. Assessment roll-Sprinkling.. FOUNDATIONS— Regulate construction. · • • · Authority to designate location... FOURTH WARD- • • • Authority to license and regulate sale. To inspect and destroy. GAMBLING— Must be restrained and prohibited. Destruction of instruments.. · ·· · • • Spark arresters to be used... FUNDS-See City Funds; See also, Apportionment of Funds, Board of Sinking Fund Commissioners, Current Expense Fund, General Fund, Library Fund, Permanent Improve- ment Fund, Permanent Improvement Revolving Fund, Sinking Fund and Finance. • • ► • ~~Chap. Sec. ZEZ← PENĿ 4 4 4 7 1 4 10 10 7 7 69 7 7 69 69 7 7 7 7 69 7 2 68 7 7 70 70 5 5 7 1 68 4 4 4 ристов расписани 4 1 H 11 1 4 -2 S 8 7 ∞ 44 16 13 4 4 10 10 jefuitam juficiên 5 5 18 22 5 4 5 4 5 3 M 10 5 7 7 5 5 10 5 4 5 10 5 10 5 10 5 10 5 100 10 8 103 10 10 104 10 11 105 10 12 105 3 10 Page. 2 ลง 68 70 10 10 44 45 5 45 68 19 42 56 56 45 46 44 47 46 47 41 20 5 42 47 49 68 45 5 46 4 5 43 4 5 43 1066 INDEX TO CITY CHARTER. GALLERIES- Shooting, license of.. Art establishment of... GARBAGE- GAS- Authority to require removal.... Expense for removal to be assessed.. Punishment for placing in water. Authority to control quality and measurement. To regulate manufacture and sale.. To provide for inspection. GAS WORKS— GATES- Authority to contract for erection... SUBJECT. Authority to compel construction at railway crossings. GAUGERS-See Weighers and Gaugers- City Council may appoint... GEESE- At large distraint and sale. GENERAL FUND- Appropriations for water works, when... GENERAL POWERS- Of city, to acquire and convey property. Of city, to contract... City to have perpetual succession. GENERAL STREET COMMISSIONER- City Council may appoint.. Shall observe instructions of City Engineer.. Regulate size and material. Inspection GRIEVANCES— GUARDS GLUE FACTORIES- Authority to designate location.. GOOD BEHAVIOR- Bonds for.. GOVERNMENT AND GOOD ORDER- Power of Council to ordain.. GRADE-See Street Grades. GRAIN- For hatchways.. • • Have general charge of work of Street Commissioners. Do all work Council may require... GIRDERS- GUNPOWDER- - •• · • D Persons aggrieved by assessments... GROUNDS-See Public Grounds See also, Baseball Grounds, Hospital Grounds, etc. Authority to regulate storage, etc. .. • • Interested parties to be notified by publication. Bids may be called for in advance. Council may fix cost.. Rules governing fixing cost.. City Engineer to estimate costs. Engineer may omit estimate of costs, when. HACKS AND HACKMEN- • • • Authority to restrain hackmen.. Authority to regulate charges. Authority to locate and regulate stands. · ► • • · • • • • • • • • • • • · ~✈Chap. ← & Sec. • 12 1 120 449 10 10 1 4 4 4 4 9 111 8 00 00 00 00 4 5 8 4 5 45 4 5 8 4 4 4 4 5 10 5 6 8 6 5 17 10 10 10 44 5 5 10 10 5 5 12 1 1 1 6 6 5 10 4 5 5 4 5 4 10 10 5 5 Authority to license vendor. GUTTERS- Council may order.... 8 11 77 Expense from permanent improvement fund, what portion 8 11 777 Council to designate character, extent and material. 10 8 102 10 8 102 10 8 102 10 8 103 10 8 103 8 102 103 00 00 Page. 8 444 10 10 10 48 48 48 5 5 44 6 50 5 47 5 41 44 91 0000808 18 18 18 76 76 76 76 47 49 46 56 48 44 44 45 47 47 INDEX TO CITY CHARTER. 1067 HAY- HARD LABOR— When punishment by imprisonment.. HATCHWAYS- Authority to regulate..... Authority to regulate sale.. To appoint person to superintend same. To inspect... HEALTH-See Board of Health. HEALTH REGULATIONS- HEAVY TRAFFIC- Regulate size and material. SUBJECT. Authority to provide for.. Actions to recover penalties, etc., how brought. HEARTHS- Council to prescribe manner of construction.. HEATING APPARATUS HEIGHT OF BUILDINGS Regulations • • · Authority to designate streets upon which it may be con- ducted HENNEPIN COUNTY JAIL- May be used as workhouse of the city. Imprisonment in, allowed when.... HIDES-See Storehouses. HIGHWAYS-See Streets. O HITCHING HORSES- Authority to compel persons to hitch horses in streets.... HITCHING POSTS AND RINGS- Authority to provide and regulate.... HOGS- May be prohibited from running at large. HORSES- Money to be appropriated for. HOSPITALS- Authority to provide.... Authority to provide grounds. p ICE AND SNOW- Removal of. Authority to compel owners to hitch in streets.. To prevent running at large.. HOME FOR NEWSBOYS AND BOOTBLACKS- • • • · • • • HOUSES, DISORDERLY-See Disorderly Houses; See also, Dye- Houses, Hose Houses, Engine Houses, Public Houses, Pump-Houses, Work-Houses, Slaughter Houses, Rendering Houses, Powder Houses, Numbering of Houses, etc. HOUSES OF ILL-FAME- Cost from Water Works fund. Punishment for interfering with Excavations for.. Jurisdiction and authority of Municipal Court Authority to suppress. Revenue from. • · • Appropriation of fines of keepers and inmates. Fines from persons resorting to...... HYDRANTS— Authority to establish, etc. · • D • • • IDLERS- May be kept from vicinity of fires.. ILLEGAL LIQUOR SELLING-See Liquors. Penalties IMPROVEMENTS-See City Improvements; See also. Public Improvements, Permanent Improvements, Street Improve- ments, etc. w Chap. Sec. 4 5 444 10 10 10 7 4 11 4 4 5 47 11 7 117 4 5 4 4 5 44 4 5 4 4 44 4 5 4 4 UT UIC HA CO 4 23 37 10 5 5 5 5 9 5 9 45 45 5 46. e 4 w w 7 9 10 5 5 3 23 10 10 5 5 10 5 10 10 5 5 m in a 10 10 5 9 35 10 46 6 a 35 5 9 17 710 Page. 5 10 48 5 68 47 48 47 50 117 44 48 44 45 13 91 44 44 41 45 45 37 43 57 65 65 39999 92 86 45 7 4 4 5 43 69 1068 INDEX TO CITY CHARTER. IMPRISONMENT-See Penalties. Power of Municipal Court.. For refusing to obey orders at fires. For default in payment of fines. Pending trials... INDUSTRIAL EXPOSITION— City not liable for board, etc., of prisoners, when. City not liable for jail fees, when... INDEBTEDNESS-See Bonded Indebtedness. Authority to convey lands to. Description of lands.... Land to revert in case of default. SUBJECT. INFORMALITY- Power to prevent storing. Realty not exempt from special assessment. Appropriation to perfect title.... INFECTIOUS DISEASES See Contagious Diseases. INFLAMMABLE MATERIALS- No tax levy invalid by reason of. INHABITANTS- May be licensed.... INTEMPERANCE- Punishment for interfering with.. Procedure in acquiring right to lay. INTELLIGENCE OFFICES- Not incompetent as jurors, witnesses, etc. INSPECTORS-See Health Inspectors. Authority to appoint, regulate and compensate.. Of buildings, shall make certificate of damages. INSUFFICIENCY OF STREETS AND SIDEWALKS- Notice of action to recover damages.. INTAKE PIPE- Council may ordain the suppression.. INTEREST— • • JOHNSON, E. M.- Paid by bankers on funds deposited.. On taxes and assessments... Council shall invite proposals. Form of proposals... On bonded indebtedness.. To be applied to sinking fund. Decrease of interest and depreciation of investment. Responsibility of city.. JOBS AND CONTRACTS—See Work. City officers not to be interested. Such contracts null and void. Amounts paid recoverable... JOB PRINTING— • • Payment of interest on bonds. Banks to pay interest on city deposits. Rate on deposits of city funds.... Computation and disposition of same. Rate on three months, or longer deposits. Treasurer to secure interest on public funds. Treasurer to make annual statement.. To be placed to credit of certain funds. On city bonds.. • Library Director, first board.. • • • • • 氮 ​• INTERESTED PARTY Competency as judge, witness or juror.... INTERNAL IMPROVEMENT FUND-- Cost of laying sewers in excess of assessments... JAIL OR BOARD FEES- • • • • • • · · • ► • · • • • • → ∞ Chap. 11 11 9 11 11 10 10 4 14 52 4 14 52 4 14 52 4 14 53 4 14 53 5 7 2 68 <<< ∞ 4 11 4 8 Hofm 10 10 10 10 10 10 10 10 10 10 10 10 10 8 20 5 5 4 5 5 5 5 9 17 92 10 1 94 5 Sec. 5 23 37 9 70 9 117 117 10 118 118 5 5 18 60 10 11 9 10 2 5 02 03 0 5 27 27 27 10 12 5 1 ૦ ૦ ૦ ૦ 14 25 63 63 63 63 5 31 64 Page. 14 20 13 58 58 59 61 20 61 22 62 তে ২৩ 117 5 31 64 47 72 5 31 64 29 113 11 10 79 4 41 41 4 117 3 25 37 84 118 25 37 3 25 37 11 15 119 11 15 119 11 124 INDEX TO CITY CHARTER. 1069 JUDGES OF ELECTION— Shall keep ballot boxes. 66 66 (C 66 Alderman ex-officio Judge except when candidate. Council to appoint full board... Of last previous election to serve at special elections. 66 66 66 (6 66 66 66 (6 ** Shall make returns to City Clerk... Shall return votes cast for Library Directors. JUDGES OF MUNICIPAL COURT- May commit vagrants.. May sentence offenders to be fed on bread and water. May sentence offenders to work-house.. JUDGE SPECIAL-See Municipal Court. Power of Justice of the Peace. JUDICIAL NOTICE— Shall be taken by Municipal Court of ordinances. JUNK SHOPS AND SECOND HAND DEALERS- KEEPING DOGS- May be licensed by City Council. JUROR OR WITNESS Inhabitant not incompetent. JURY DUTY— SUBJECT. • • Officers and employes exempt... JUSTICE OF THE PEACE- Municipal Court to have jurisdiction (see notes) JUDGMENTS— Revenue from. How remitted.. JUDGMENTS AGAINST CITY- Levying of taxes to pay. Time of making levy. New levy to be made, when... Disposition of taxes collected in excess. KEEP PEACE— Bonds to. KEEPERS OF INTELLIGENCE OFFICES, ETC. License and regulations.. LAMPS- LAMP DISTRICTS- .. License KOON, M. B.— LABOR, HARD- Offenders may be sentenced to. LADDERS AND STAIRS Library Director, first board... M • • Authority to erect, etc.... Regulate piling • Authority to create, alter and extend. • tices, Trials, etc. How commenced against city. Process, how served. How brought by city. • · • • • To scuttles in roofs... LANDS-See Real Estate; See also, Public Lands, Re-appraise- ment of Lands, Property, etc. • • • LAYING OUT STREETS-See Streets. LEGAL DEPARTMENT- City Attorney and Assistants to constitute.. LEVEE- Lower levee, liquor license limits. • · LATH- LAWS- Ordinance to have force of.... LAW SUITS-See Actions; See also, Courts, Judgments, No- • ·· • • • • • 10 10 10 10 10 ∞ ∞ ~Chap. 2 12 4 4 4 3 23 3 4 10 02 4 5 11 4 10 5 11 10 10 10 10 3 23 ∞ ∞ 229 — ~ ~ Sec. 5 6 6 7 6 7 4 4 12 5 37 3 5 37 7 28 5 37 1 9 11 4 5 37 65 65 65 65 4 6 50 23 g Page. 10 27 28 28 28 28 29 29 121 5 50 50 50 10 36 5 51 4 5 41 5 41 117 5 44 38 11 124 36 57 118 4 5 45 37 68 45 49 41 11 6 117 11 6 117 11 7 117 3 5 33 4 5 42 1070 INDEX TO CITY CHARTER. SUBJECT. LEVYING OF TAXES-See Tax Levy. No restriction of charter to prohibit. LIABILITY— Treasurer exempt, when... LIBRARY BOARD- To be elected biennially · • . Extension of term of office. General powers.. Detailed powers.. Election in 1888.. Accounts to be kept by Comptroller. Evidence of indebtedness shall be countersigned by Comp- troller • • All claims shall be audited by Comptroller.. City Treasurer shall be ex-officio Treasurer of. Board created and established. Duties of Secretary (C 66 (C Rules and regulations. May hire or erect and maintain buildings. May appoint agents and employes. Fix compensation of employes.. Control of expenditures of moneys. Power to carry out spirit and intent of act. Composition of Board... Ex-officio and elective members. Election in 1886.. • • • Subsequent elections. Vacancies, how filled. Library Directors, how elected. • • • Judges of Election shall make returns City Council shall canvass the vote. Director shall take oath of office. Officers of the Board.... • • • • • • Bonds of Secretary and Treasurer Bonds to be filed with Comptroller. Duties of President. • • Limitation of tax levy. Collection of tax... Orders on Treasurer · • Miscellaneous duties of Secretary. Duties of Comptroller... Bonds and indebtedness of Board. Comptroller to audit claims. Duties of Treasurer. Funds of Board, how deposited.. Funds of Board, how recovered. • 1 • · • • • • Treasurer's exemption from liability. Orders not to be signed, when.. Bonds, when to be made payable. Authority to make tax levy Return of tax levy. Purchase or sale of real estate. Conveyances, how executed Votes to be by yeas and nays. Donors may vest title in Board. Board special trustees of property Vote of six for purchase of lands. Vote of five to sell and convey. Annual meeting of Board. Vacancies filled, when..... Regular and special meetings. Chance meetings legalized.. • • • • • ... • • • D .. Tax levy, when Board fails to return. Duty of County Auditor... • • • .. ·· • · • • • · • D • • • · • • · • • • • · • • • • • • ❤ • • • • • • • ► • • • • • • • • • · D • • • · • • • • • • • • · Chap. 2 5 29 ৩৩ ২৩ তে 2 2 3 zu w w w 3 12 3 12 12 12 12 12 12 12 12 12 12 12 12 3 1 12 12 1 12 1 12 1 12 1 12 1 12 1 12 1 12 12 12 12 12 --- 12 12 12 12 12 12 12 12 4 121 4 121 4 121 121 121 122 122 5 122 122 122 122 122 122 122 5 122 122 5 122 6 122 6 123 6 123 6 123 6 123 12 6 123 7 123 12 7 123 12 77 123 12 7 123 12 7 123 7 12 12 123 123 7 12 8 123 12 12 12 12 12 ૦ ૦ ૦ ૦ ૦ 12 12 12 ~ Sec. N N N 37 ૭ ૭ ૭ ૨૭ ૦ ૦ ૦ ૦ 12 12 is is w∞ ∞ ∞ NNN N 3 3 13 35. 18 36 19 36 120 120 120 120 120 120 120 120 1 120 2 120 2 120 2 121 2 121 2 121 121 3 121 121 4 121 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 5 5 5 5 5 5 5 Page. 8 65 00 00 63 8 ૭ ૭ 12 8 123 25. 26. 26- 35 123 124 INDEX TO CITY CHARTER. 1071 LIBRARY BOARD-Continued. Board may associate with kindred societies. Libraries, etc., to be forever free.. First Board of Directors... Elective Members designated Temporary organization LIBRARY FUND- Fund to be expended by Library Board... Deposited in banks, how.. • LICENSES- Not to be granted for liquor in certain territory. Council power to license shows, etc. Termination of licenses SUBJECT. ·· • Construction of power to regulate. Pawnbrokers, junk shops, etc., to keep records. Daily reports to police of goods bought. Names, etc., of persons from whom bought. Records of employment agencies.. Home for newsboys-special proviso. Liquor license limits Exception as to druggists.... Penalties for illegal liquor selling. • • LIQUOR LICENSES— Arrest and punishment... Vendors of gunpowder, etc. License of dogs Butchers, vendors of game and fish. Peddlers LOCOMOTIVES— Correction North Minneapolis liquor license limits. Sale of liquor confined to certain territory. To be drained LOWRY, THOMAS— • Carrying concealed weapons. May be revoked by Mayor or Council. Shall be revoked, when. Revenue from licenses Plumbers' license revoked, when. LICENSE MONEY- Shall be received by City Treasurer. • • • • Library Director, first board • •• • • • • • LIGHTING-See Street Lighting. Authority to provide same for public grounds, streets, etc.. LIGHT FUEL- Spark arresters to be used.... LIME Council may regulate manner of measuring. LIMITS- City Liquor license Building • · • Fire LIQUOR-See Whiskey and Liquor; See also, Sale of Liquor. LIQUOR DEALERS- Council may license... • • • Not to be issued for certain territory License limits or boundaries.... LOCAL IMPROVEMENTS-See Permanent Improvements. • • • • Authority to regulate speed... Authority to designate kind of coal to be used. Authority to regulate or prohibit whistling. To prevent unnecessary escape of steam. To require use of certain safety-valves.. LOTS-See Subdivision of Lots. LOW PLACES- • • • • • • • · • · • • • HAH A 12 +++++++++++++++ ૨૭ ૨૭ ૨૭ is Chap. 12 1 12 5 4 1 4 4 4. 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 445 a 9 3 4 7 4 4 Sec. 4 4 9 124 10 124 11 124 11 124 11 124 12 02 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 5 5 5 5 5 5 41 41 41 41 42 43 43 43 5 5 41 5 5 5 5 4 5 7 2 5 5 5 16 16 9 14 1442- 10 10 10 H 19 10 5 2 444 * 10 10 10 10 10 5 10 10 5 5 5 5 5 4 5 41 5 5 4 5 18 42 47 1 68 11 Page. 5 120 122 19 41 41 41 43 43 44 44 45 45 49 53 53 57 91 36 45 68 45 42 42 44 44 44 44 44 46 124 1072 INDEX TO CITY CHARTER. G LUMBER- To prevent obstructing streets, sidewalks, etc……. LUMBER PILES- Authority to designate location and control piling. MAINS See Water Mains. MAJORITY VOTE- Required of Council to make appropriation.. MALE OFFENDERS- Work on public improvements.. MALT LIQUOR-See Liquor— Sale forbidden, where MANDAMUS— May be brought against officers by Mayor, when... MANUFACTORIES- Dangerous in causing fire, to be regulated.. MANURE— Removal of MARKETS- Authority to direct location and management. Authority to establish and regulate... SUBJECT. To restrain persons from interrupting or interfering. Manner of acquiring lands for... MARSHAL -See Fire Marshal. MARSHES- Council may effect system of drainage... (6 66 66 66 MAYOR- 66 • Combustible To be used in chimneys.. Explosive and inflammable.. Street Commissioners not to furnish. Forfeited if Commissioners be interested. Sewers and covered drains. Cost to be assessed... Drainage may be completed at once or in different years.. MATERIALS— • . • • • • • • Shall continue in office... Special provision relative to term. General election in 1888.. • • 66 · • · • • To be elected biennially. Shall care that laws and ordinances are enforced. Care that all officials discharge their duties.. May maintain action against officer, when... Shall give Council information and recommendation. Approval of ordinances. Duty in case of veto. Shall sign all city contracts. Salary • • • • • • • • • • Exempt from jury duty. May call special meetings of Council. Has full power over Police Department. May remove members of Police Department. May revoke licenses May direct Treasurer where to pay city employes... Ex-officio member and President of Board of Water Com- missioners To appoint members of Board. • • To call special meetings of Water Board, how. May appoint to fill vacancy in Commission to appraise damages Duty to inform Council of action against city. To approve proceedings for sale of bonds.. Member ex-officio of Library Board... MEASURES-See Weights and Measures. • • • • Chap. 4 4 3 1 2 4 11 51 4 7 50 4 7 2 4 4 5 10 44 12 10 1D T 9 9 9 9 9 477 00 00 8 σ Sec. 10 1 5 2 3 1 3 3 5 7 2 5 4 5 +NQ OL — HQ QI Q2 m m co co co co co co co +OO 10 1 5 5 GS 2 ૨૭ ૭ 4 2 6 86 6 87 6 87 6 6 2 3 1 2 1 3 1 44 68 68 76 8 76 HAN 00 02 3 28 Page. 1 44 49 2 19 26 32 32 3 1 32 1 32 3 1 32 32 32 3 27 37 32 7 7 68 9 9 9 10 10 49 44 45 45 94 87 8 87 O O O 22 25 40 6. 1 66 26 6 1 66 38 4 16 53 22 62 87 87 89 10 3 95 117 11 6 10 29 114 12 2 120 beve A INDEX TO CITY CHARTER. 1073 MEAT- Sale of liquor Authority to license and regulate sale. To inspect, condemn and destroy. MECHANICAL PURPOSES- MEDICINE To be furnished poor. MEDICINAL PURPOSES- Sale of liquor MEETINGS See Special Meetings, etc.- Of City Council.. Mayor may call special meetings, how. In case less than quorum present. Definition and style of meetings. Of Board of Equalization.. Same. Of Board of Water Commissioners. Special meetings of Notice of meetings Of Library Board MILK- • Special meetings, how called. Meetings legalized MENAGERIES- License and regulation MENDICANTS AND BEGGARS- . SUBJECT. MISSISSIPPI RIVER • Authority to restrain and punish. Conveyance of real estate to.. To revert in case of default. Exemption from tax………. Not from special assessment. MISDEMEANOR MOB OR RIOT- • Inspection MINNEAPOLIS-See City of Minneapolis. MINNEAPOLIS INDUSTRIAL EXPOSITION— • • Shall forever disqualify officer. Authority to prevent MONEYS-See City Funds- Culpable neglect of duty of officers. Conversion of city property. • • MULES At large, distraint and sale.. MUNICIPAL CORPORATION— .. • Authority to construct and regulate piers and wharfs. To regulate landings, wharfages, etc.. To quarantine boats. Cribs Of school districts belong to city. • • • • Revenue from license money. Title of donations vested in Library Board. MORTALITY— Authority for provid.ng returns and burials.. • The City of Minneapolis MUNICIPAL COURT-See Judges and Clerks- Exclusive cognizance and jurisdiction. Infractions of ordinances, etc. Trials and examinations • All fines imposed shall be a part of revenue of city. Power to imprison in workhouse.. Power of Judges.... • Shall take judicial notice of ordinances. Jurisdiction in water works offenses. Process for violations, in name of State, etc. • • · • • · • ✈✈Chap. Oi Oi Sec. 4 5 3 4 4 مهر شهر تهران 12 −− a a 12 12 -H 4 4 4 5 5 4 9 10 9 10 9 10 4 4 ffffficien OL ON Q 2 2 2 +++ 4 4 4 5 4 5 10 Co + 14 4 14 8 1 10 5 12 ૭ ૨૦ ૦ ૦ ૦ 4 со оо со 8 8 w w w w w w 10 52 52 4 14 53 4 14 5 11 10 10 10 − 4 5 5 TID 2) 22 — 1 te to t૭ ૦ ૦ ૦ 5 47 5 5 5 9 1 11 11 30 10 4 5 5 1 1 Page. 45 46 42 w w w w 34 42 3 23 40 40 40 40 56 56 89 89 90 123 123 124 41 46 53 QAAA ☺☺ ☺ ☺ 30 7 123 30 46 46 46 94 43 19 57 45 3 23 36 44 18 3 23 36 36 3 23 37 37 3 23 3 23 4 10 37 51 9 17 92 11 S 117 1074 INDEX TO CITY CHARTER. MUNICIPAL JUDGES MUNICIPAL COURT-Continued. Penalty or fine Imprisonment for default. Imprisonment pending trial. Power to grant new trial, reverse judgment, or suspend execution MUSEUMS- Names part of city ticket...... To be cleansed. NEGLECT OF DUTY- Power of Library Board to establish and maintain.. Under charge of Library Board, forever free... Subject to rules and regulations. MUTTON- Inspection NATURAL STREAMS-See Bridges. NAUSEOUS PLACES- Cause for removal of officer.. May be licensed Home for NEW TAX LEVY- When made NEW BOARD OF COMMISSIONERS ON AWARDS- Council may appoint..... To hear further evidence. To correct, revise and alter awards. To report revised awards to Council. May be again appointed, when.. To hear further evidence form interested persons. To report to Council NEWSBOYS— SUBJECT. Boundaries P • • q • NEW TRIAL AND REVERSIONS- Municipal court NICOLLET ISLAND • • • Liquor license limits NINE PIN ALLEYS- License and regulation.. NINTH WARD- NOISES- Authority to prevent. NORTH MINNEAPOLIS- Correction of liquor license limits NOTES-See Promissory Notes. Notes to Charter Amendments.... NOTICE OF ASSESSMENT See Assessments. NOTICE FOR DAMAGES-Change of Grade— Property owners to file with City Clerk. Description and value of property. Form of notice • • • · ·· To be accompanied by certificate of Building Inspector. NOTICES OF ELECTION— · Shall be given by City Clerk. NOTICE, JUDICIAL-See Judicial Notice. NOTICE TO PROPERTY OWNERS- • • To be published in case of assessments and awards. NOTICE OF SPECIAL MEETINGS- Of Council, to be delivered to Aldermen. NOTICE OF TRIAL- Shall be given officer... ❤ • • Form No defect to invalidate election. Time of, to fill vacancy, when within ten days of a general election • • • Chap. Sec. 11 9 117 11 9 117 11 9 117 11 2 5 4 5 12 1 120 12 10 124 12 10 124 4 5 4 4 4 4 4 10 3 96 10 96 96 10 10 96 10 5 99 4 11 118 10 5 99 10 4 5 37 11 11 8 00 00 00 со 4 Cл след со со со со 8 3 2 2 2 ૭ ૭ 10 10 1 3 5 4 5 5 99 10 5 10 5 10 5 10 Page. 5 4 5 43 2 ২৩ ৩ে ৩ ৩ 28 2 46 43 ૦ ૦ 40 72 72 8 2 72 02.00 પે 41 41 65 118 42 8 2 72 41 22 43 126 25 ૦ ૦ 10 10 25 388 25 8 29 8 2 74 40 4 4 40 INDEX TO CITY CHARTER. 1075 NOTORIOUS DRUNKENNESS- Arrest and punishment NUISANCES- Authority to remove and abate... To provide punishment for maintaining. • • Authority to declare emission of dense smoke a nuisance To provide summary abatement and penalties... Council provision for abatement not to bar legal action... NUMBERING HOUSES- Authority to regulate and compel owners to number……. OATHS- Clerk shall have power to administer. OATH OF OFFICE Persons elected shall take... Shall be filed with City Clerk. Of Assistant City Comptroller. Of Police Force Of Commissioners of Award Of Library Directors To be filed with City Clerk. OBSCENITY— • OBSTRUCTIONS— Authority to prevent To provide for arrests. SUBJECT. • · • Authority to prevent in streets.. Same on sidewalks · Liability of persons for. City entitled to execution, when. · • • Railway companies not to pile up snow Liability for damages Offal, removal of (6 "C (6 OFFENSES—See Arrests, Penalties, etc. No warrant necessary, when.. Process in name of State... Fines imposed by Municipal Court. Imprisonment for default • • Same pending trial City not liable for board, etc., of prisoners, when. City not liable for fees, when... ·· • OFFICERS, APPOINTIVE—See Appointive Officers— OFFICERS See City Officers— To serve until expiration of term... Alderman sixth ward, special provision. Aldermen elected in 1887.. Fraudulent practices Guilty of misdemeanor, forfeit office. Forever disqualified for same. Liable to suit of any citizen, when. Duty and powers of Assistant City Comptroller • • • K • Council has power to remove. Elected officers removed for cause only. Continued absence, cause for removal. Neglect of duty, cause for removal. Assessors, how appointed Deputy Assessor, same Assessor's Clerks, same Vacancies, same, how filled Board of Equalization to appoint Clerks. Shall not dispose of or convert city property Of Library Board Of Library Board, annual election Vacancies filled, when OFFICES See Employment Offices- • • • • • • • • · • • • • · · →Chap. • Sec. 4 fin af skin f 4 4 5 00 47 + 5 47 49 49 51 3 4 12 1 E Eco 10 10 +++ ∞0 00 00 00 ++ 4 4 8 8 8 4 4 44 10 10 5 29 10 10 29 31. 38 67 10 3 95 12 4 121 12 4 121 1 10 10 10 10 A 0 10 10 10 10 - H 5 10 10 10 10 10 5 5 5 5 10 5 3 ▾ مهر من شهر مهر 4 5 5 10 10 00 5 5. 18 18 21 44 44 79 79 21 80 80 48 5 49 HiD 10 5' 11 8 117 11 8. 117 11 9 117 11 9 117 11 9 117 11 10 118 11 10 118 со со 1 4 4 4 22 22 23 30 11 2 11 30 11 3 2 11 31 4 4 4 4 4 4 30 30 38 40 40 40 40 4 4 1 54 1 55 1 55 5 1 55 56 11 12 118 perficiem profic Page. 45 perficie poznat 5 4 48 33 → 00 00 45 45 생 ​12 4 121 12- 12 S 123 8 123 1076 INDEX TO CITY CHARTER. SUBJECT. OFFICE VACANT-See Vacancies and Removal— Officer removing from city or ward from which elected... When officer neglects to qualify and enter upon duties... OFFICIAL ADVERTISING— Council shall invite proposals for. Manner of inviting proposals Qualifications of official paper. Style of proposals to be received. Contract, how awarded Discretion of City Council In case two bids are the same. Maximum price Rejection of bids Term of contract Affidavit of publication OFFICIAL PAPER- How designated OFTEDAL, SVEN— OIL TANKS- • • Library Director, first board.. Drawn and signed by Clerk. Countersigned by Comptroller ·· • • • Authority to designate location.... ORDERS-See Government and Good Order; See, also, General and Special Orders, and Refusal to Obey Orders- ORDERS ON TREASURER- • • • Signed in order in which claim is allowed. Form of same Cancelled and filed when paid. Orders to be kept separately.. Council to examine cancelled orders.. • Of Library Board, how drawn and paid. • • ► · • • • Secretary of Library Board shall not sign, when. ORDINANCES— • • Shall be presented to Mayor before taking effect. If he approves, Mayor shall sign. In case Mayor vetoes If Mayor neglects to return to Council. Council full power to make.. Power to enforce, amend or repeal. • • .. • To have, force of law. Not to be repugnant to Statutes. Authority to enact for punishment of persons maintaining nuisances To impose punishment for breach of ordinance. Style of ordinances Subject to be expressed in title... Only one subject touched in one ordinance. How passed by City Council. • • Shall be recorded and published. Copy of records prima facie evidence. Municipal Court shall take judicial notice. Of former cities remain in force, when. Publication authorized ► • • • · • • • • • • · • • Prima facie evidence, when Certificate of City Clerk Council may provide for compilation Distribution and sale of publication. Imprisonment for default of payment of fines. OVENS-See Stoves, Pipes, etc. OWNERS-See Property Owners, Bond Owners, Cemetery Own- ers, etc. OWNER OR OCCUPANT— In default of removing snow, ice, rubbish, etc. • ~~Chap. © © Sec. 11 12 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 13 118 11 14 119 17 COLO 10 10 10 10 Q2 22 4 5 5 5 5 3 3 13 5 17 5 22 23 12 12 3 3 3 4 4 mmmm++++ 15 10 10 10 4 4 9 29 3 1 11 13 11 11 11 11 11 337 ૦ ૦ ૦ 11 32 35 60 62 62 23 62 444444 10 CO ∞ ∞ ∞ 1 1 5 24 62 5 122 5 122 5 5 5 49 50 50 8 50 50 8 9 50 4 9 51 4 10 51 4 10 51 2 116 6 8 & Page. N N 2 mm a 29 2 3 11 3 118 124 9 49 2 116 116 116 117 117 117 32 32 32 32 41 41 41 41 4 5 46 INDEX TO CITY CHARTER. 1077 PAPERS AND TRANSCRIPTS Certified copies Production of papers PARADES-See Public Celebrations. PARK BOARD See Board of Park Commissioners- PARTY WALLS— Payment of employes • • Regulate construction PAWNBROKERS, ETC.-— May be licensed To keep public record. PAVEMENTS— Council may provide for. Council may order PEACE- Bonds to keep PEDDLERS- • Expense from permanent improvement fund, what portion.. Council to designate character, extent and materials. City Engineer to estimate cost... Interested parties to be notified by publication. Bids may be called for in advance. Council may fix cost. Engineer may omit estimate of cost, when. PAVING- No assessment made for railway tracks.. PAY ROLLS- How to be prepared Subject to order of Council • • SUBJECT. • To be audited by Comptroller. How paid and receipted.. To be deposited with Comptroller. City Boards • • Mayor may direct place of payment on. For Board employes • • · • • • Authority to license and regulate………. PENALTIES- Council may enforce upon violators of ordinances. For illicit liquor selling Authority to punish owners of animals. Authority to prescribe in case of nuisances. Authority in case of breach of ordinance.. County Treasurer to pay over tax penalties. For refusing to obey orders at fires. Of Street Commissioners, when For violating water works provisions. In case Commissioner fails to act. Recovery of penalty Failure of Commissioners to award, to attend. Actions to recover, how brought. How remitted For acting as Policeman without authority PERMANENT IMPROVEMENTS— Council authorized to issue bonds. Limitation of same Disposition of proceeds. Council authorized to make expenditures. Assessments on property benefited Fund may be used in advance of assessment. City's portion of expenses paid from fund. Expense of building bridges Expenses of water works • • · • • • • • ... Expenses of public buildings. Not specially provided for by law. Tax levy for permanent improvement. • • • • • • • • · · • • • · • • · • • • • • • • • • · ✈ Chap. A w Sec. 4 4 4 ∞ ∞ ∞ 5 22 62 8 HHZZZ 8 1 10 10 10 10 10 10 10 10 5 5 5 5 72 11 77 8 11 77 10 8 102 8 102 8 102 8 102 8 103 8 103 5 5 5 4 8 11 77 4 4 444 22 62 22 62 22 22 62 62 62 5 22 22 62 62 5 10 10 10 10 10 10 10 10 10 10 10 10 10 5 5 10 10 5 4 5 5 5 ~ N 5 ∞ ∞ ∞ 00 5 5 22 6 6 20 9 8 8 9 16 3 10 10 10 10 41 43 44 50 50 61 70 76 92 10 95 3 95 10 10 5 98 11 7 117 11 11 118 6 5 67 22 62 5 5 A Page. 5 32 5 40 ww 47 41 41 5 16 5 16 16 8893 16 59 16 59 5 16 59 50 5 16 59 45 5 16 59 16 59 5 16 60 16 60 60 60 60 16 60 1078 INDEX TO CITY CHARTER. PERMANENT IMPROVEMENTS-Continued. Report on file for inspection... Council to consider report Interested persons to be heard. Council to cause plat and survey to be made. Interested persons to be heard. Commissioners shall view premises Appraisement and award (6 66 CC • • • Commission to report to Council Council to act on award May confirm or annul May refer back or to a new Board of Commissioners Commission to report revised appraisement. Award final, when Title to be vested in city. Street improvements Diverting water courses SUBJECT. Owners to furnish abstract of title. In case of neglect to furnish abstract. Council may require bond from claimant. Conditions of bond • Condemnation sufficient, when Price to be paid from permanent improvement fund. Proceedings abandoned, when • Award to be deposited in court, when. Claimants to establish their rights. • City Engineer to prepare a plat. Nature of plat and survey. Engineer to furnish estimate, when. Council may amend plat Adopted plat to be filed with Clerk. Effect of adoption • Plat to show land in detail Commissioners to award Duties of Commissioners 66 66 • • • • • · • • • · • • • • Quorums and vacancies Failure of Commissioner to attend. Commissioners to give notice of meeting. Nature of such notice.. Meeting and adjournment City Engineer to advise Commission. Appraisement and award Benefits to offset damages Assessment of damages Commission to report to council When total cost exceeds benefits • • • • • • • • • Commission to report an assessment list. Nature of assessment list • · • City Clerk to give notice of action. Lands taken, how described Lands assessed, how described Council to act on report.. To hear complaints May refer to committee Sent back to same Commission, when. Hearing of further evidence. Report revised appraisement Council may accept or annul Confirmation final Assessment to be levied Form of assessment roll Persons interested in property to be taken Objections to confirmation • • • • → • [ • • D • · • • • • • • • • • • • • • • • • • • • • • • • • • • • Chap. * co co co co co co co co co co co 10 10 ~ Sec. 10 10 10 2 95 10 10 10 3 95 10 95 10 3 96 10 10 10 10 10 3 95 10 96 10 96 10 96 10 96 10 96 10 96 96 96 96 96 96 96 96 97 97 97 97 10 97 10 97 10 5 97 10 5 97 10 5 97 10 5. 97 97 10 10 4 10 4 10 4 10 4 10 4 10 4 10. 4 10 10 10 10 10 10 · 10 10 10 10 10 10 10 10 10 10 10 10 10. 10 10 2 94 2 95 10 3 95 10 3 95 3 3 + 410 10 10 4 5 5 5 5 10 10 10 10 5 597 5 5 5 5 10 10 5 5 10 10 10 10 10 10 10 5 5 5 5 5 Page. 5 5 5 5 5 5 99 99 99 99 99 99 10 5 10 10 10 10 10 10 10 5 99 10 5 99 99 99 5 99 99 5 99 5 97 98 98 98 98 98 98 98 98 98 98 99 5 10 10 5 100 10 5 100 10 5 100 10. 6 100 6 100 10 INDEX TO CITY CHARTER. 1079 TERMANENT IMPROVEMENTS-Continued. Manner and form of objections... Right to appeal to District Court. Bond in case of appeal. Transcript of awards. To be transmitted to Clerk of District Court. Not to be duplicated, when No pleading in case of appeal. Court to determine regularity and jurisdiction. Case to have precedence No appeal from judgment of Court. Court shall order re-appraisal, when. Parties to be heard.. SUBJECT: · Commissioners to be sworn. Provisions to govern Commissioners. Commissioners to report to Court.. Award final, when ... Order of Court final Compensation of Commissioners.. Court may order double costs, when. • • • Council may abandon proceedings, when Limitation of action to abandon. Pavements, water mains, etc.. • • • • • Names of owners Notice to interested parties Report to lie over Bids may be called for in advance. Council may act on report... Interested parties to be heard. Council may fix cost of improvement. Cost of improvement, how ascertained. ·· Council may assess and levy. Assessment roll to be adopted. Form of assessment roll.... Estimate of cost omitted, when.. In case of assessment by front foot. Discretion as to corner lots.. • • • • • 10 10 10 10 10 10 10 7 10 7 10 8 8 102 Council to designate extent and character of improvements 10 City Engineer to estimate the cost. Rules governing estimate 10 8 102 10 8 102 List of lots and lands.. 10 8 102 10 8 102 10 8 102 8 102 8 102 8 102 8 103 8 103 8 103 10 8 103 10 8 103 10 8 103 10 8 103 10 8 103 10 9 104 10 9 104 10 9 104 10 9 104 10 10 104 10 10 104 10 10 104 10 10 104 10 10 104 10 11 105 10 11 105 10 12 105 10 12 105 10 13 106 10 13 106 • • • Assessment paid for laying mains, etc. Decision of Council final.. Failure not to invalidate proceedings. Neglect to build sidewalks. City Engineer to estimate cost. Assessment and levy for sidewalks. Assessment roll for same. Form of assessment roll • • • • · • • • • • • • • • • • • • • • Damages, etc., arrived at, how.. Same proceedings as upon original award. Proceedings if Court again annuls award. Deficiency to be paid from permanent improvement fund. When proceedings are irregular.. Council may order new assessment. Form of assessment When second assessment be annulled. • • • • • • Repair of sidewalks Form of assessment roll.. Assessment for street sprinkling. Form of assessment roll.. Proceedings when Court annuls part of award. Council may again appoint Commissioners.. Commissioners shall make no new assessments of costs and expenses • • • • • • • • · • • • • Chap. • 10 10 10 10 6 10 6 10 6 10 6 a a a Sec. 10 10 10 10 10 10 Page. 100 6 100 101 101 101 101 101 10 6 101 10 6 101 10 6 101 10 6 101 10 6 101 10. 6 101 6 101 6 101 6 6 6 6 101 101 102 102 102 102 102 10 13. 106 10 13 106 10 13 106 10 13 106 10 14 106 10 14 106 10 14 106 10 14 106 10 14 106 1080 INDEX TO CITY CHARTER. SUBJECT. PERMANENT IMPROVEMENTS-Continued. Former assessment cancelled, when.. City Clerk shall record assessment rolls. To be delivered to County Auditor... County Auditor shall extend assessments. Payment of assessments enforced. Cancellation of assessments... County Auditor to note cancellation. Engineer's certificate of construction sufficient. County Treasurer to receive certificate, when. In lieu of money for assessments. Division of special assessments.. Prior acts of Council legalized.. Assessments refunded, when • · · • • • Moneys advanced for improvements. Refunding moneys advanced Irregularities of assessment not to effect proceedings. Assessment roll competent evidence. Negligence of City Clerk not to invalidate assessment. Variance from stipulated forms not material. Action in case of invalid assessments. Deficiency paid from ward fund, when. Surplus, how disposed of · • • • Payments on invalid assessments to be noted. Notations shall cancel assessments. Collection of new assessments. Variance in amount not to invalidate assessment. • • • • • • • • · • • Abbreviations used in assessment rolls. Error as to name of owner immaterial. Requirements of Council to order improvements. Improvements may be by contract or by city. Contracts may be awarded prior to assessment. Improvements may await collection... Special assessment fund to be kept separate. Assessments may be paid to City Treasurer. City Clerk to cancel assessments, when. Unaccrued interest deducted • • • • · • · Prior assessments not affected Assessment lien to have priority. Limitation of time in ordering improvements. County Auditor to divide assessments, when. Assessments to extend over successive years Annual installments with interest... • Lien of City to remain intact. Rolls, when made and adopted.. Manner of keeping Auditor's books. County Treasurer's receipts, how given. Assessment surplus refunded, how.. Permanent improvement Revolving Fund. Sinking Fund Commissioners.. Surplus accumulations invested • • • • • • . Limitation of assessments for the year. Not to affect ordering work done... • • Owner may pay any time after first installment. Auditor to add interest Manner of paying interest • Provisions to apply to assessment of 1886. Certificate of City Engineer Certificate to be in lieu of money. Record of deferred payments.. Roll of deferred payments to be approved. Consent of all parties implied, when Improvements of 1886-7 .. County Auditor to extend balances. Per centum to be added... • • • • • • • • → • • • ► • • • • • · • • • • • • • • · · • • • • • • • • • • • • · • • • • • • • • • • • • • • • • • • • • • • • · • • • • • • • Chap. O Sec. 10 14 10 15 106 107 10 15 107 10 15 107 15 107 107 107 10 10 15 10 15 10 15 107 15 15 107 10 15 107 10 15 107 10 15 107 10 15 107 10 15 108 10 15 108 10 16 108 10 16 108 10 16 108 10 16 108 10 17 108 108 10 17 17 10 17 108 10 17 108 10 18 108 10 18 109 10 18 109 10 18 109 10 18 109 10 19 109 10 20 109 10 20 109 10 21 109 10 22 109 10 23 109 10 23 109 10 23 110 10 24 110 10 25 110 10 10 10 10 26 110 27 110 27 110 27 110 27 110 27 111 27 111 27 111 10 10 10 10 10 27 111 10 27 111 10 27 111 27 10 27 10 111 111 10 27 111 10 27 111 10 27 111 10 27 112 10 27 112 10 27 112 10 27 112 10 27 112 10 112 112 10 28 10 28 112 10 28 113 10 23 113 ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ ૦ Page, 2 N N N N 28 INDEX TO CITY CHARTER. 1081 PERMANENT IMPROVEMENTS-Continued. Property owners may advance in excess of limitation. Provision for reimbursing property owners. Manner of expending fund. Proceeds of sales of bonds. Authority to issue bonds. Limitation of bonds.. Rate of interest on bonds. Manner of selling bonds. Proceedings must be by resolution.. Bonds not to exceed five per cent limit. Not to affect other bonds issued.. SUBJECT. • Comptroller's signature evidence of compliance. Proceeds of installment improvements. Issue of bonds limited to $1,000,000. · • • ► • When City's right to enter land, etc., is questioned. City may tender compensation Claimant to establish his right to recover. Owner not entitled to rents, etc., when. Power of Court City Engineer to request description of Auditor. Engineer to furnish Auditor with plats... County Auditor to furnish description... Compensation of Auditor for keeping lists. PERMANENT IMPROVEMENT FUND- · • PIERS- Receipts from sales of property. City's portion of expenses to be paid from. Expense of building bridges.. • • Rules governing use of fund.. PERPETUAL SUCCESSION— Tax levy to meet same.. Limitation of tax levy. Comptroller to notify when deficient.. Comptroller not to sign contracts, when. Comptroller to sign contracts, when. Expense of erecting public buildings. Expense of other Permanent Improvements. Fund not to be used for current expenses. Cost of building engine and hose houses. Expense of paving, etc.... • • Money may be advanced for sidewalks, when. Defray expense of laying sewers, when. Compensation for lands condemned.. PERMANENT IMPROVEMENT REVOLVING FUND- • How maintained How invested • Duty of Council in case of surplus. Sinking Fund, Commissioners to invest. Not to be diverted.... Proceeds of sale of bonds. • Shall not be given in future, except. PHYSICIAN-See City Physician. PIGEON-HOLE TABLES— License and regulation... • • • • • City to have... PERSONAL PROPERTY— City may take, hold, lease and convey... PERSONS-See Suspected Persons. PERSON IN DEFAULT- Not eligible to contract with city. PERMITS Authority to construct and regulate.. Regulate size and materials.. PILES See Lumber Piles, Wood Piles, etc. • • • • • • • • · • • • • • • · • • • • • • • • • • • Chap. 10 10 10 10 10 10 10 10 10 10 10 10 10 7 ∞ ∞ ∞ 10 28 113 113 10 28 10 28 113 10 28 113 10 29 113 29 113 10 10 29 113 10 29 113 10 29 114 10 29 114 10 29 114 114 10 29 10 29 114 10 29 114. 10 30 114 30 30 115 30 115 10 30 30 115 10 30 115 10 31 10 31 115 115 10 31 115 115 10 31 5 9 5 16 57 60 60 60 16 60 17 60 17 60 17 60 16 60 16 60 16 60 7 10 70 11 77 78 84 15 10 4 96 5 16 5 5 16 5 5 5 5 ∞∞∞ Sec. 5 5 ૦ ૦ ૦ ૦ 8 8 9 4 Page. 1 10 28 112 10 28 112 10 28 112 10 28 112 10 28 113 10 29 113 10 29 113 1 18 1 1 18 8 25 81 9 5 86 4 5 41 4 5 46 4 5 47 1082 INDEX TO CITY CHARTER. SUBJECT. PIPES-See Branch Pipes. See, also, Intake Pipes and Stove Pipes, etc.- PLATS AND PROFILES- To be preserved by City Engineer. PLAT AND SURVEY- Of lands to be taken by city... To be filed with City Clerk for inspection.. Shall be filed with the City Clerk after adoption. Shall be held to be correct. C PLATS OF ADDITIONS— Council shall have control of acceptance. Shall conform to city's system.. Acceptance to be recorded Manner of recording.. Inspection General statutes to apply. City not liable, when PLEADING AND IMPLEADING- • • • PORK- Shall show names of respective owners of land and of con- tiguous lands City may be party. PLUMBERS' LICENSES City Council shall revoke, when.. POLICE DEPARTMENT- Mayor has full power over.. Superintendent, appointment of Total members in.. Mayor may remove members of. Temporary police Powers of policemen Buildings, facilities, etc. Salaries, how fixed Bonds Special police Oath G • • • .. • • • • • • • • Police powers may be given fireman. POLLS-See Elections- • Penalty for acting as policeman without authority.. POLICE, FIRE-See Fire Police- · How construed POWDER HOUSES-- Authority to designate location. PRECAUTION AGAINST FIRE- Council may prescribe • · Inspection PORTERS Authority to restrain and regulate. POSTS See Hitching Posts and Rings. POULTRY- At large, distraint and sale..... Authority to license and regulate sale. To inspect, condemn and destroy. POUNDS- Council shall designate... In case Council fails or neglects. Proviso in case of special elections. Not necessary to appoint for special election. POOL AND BILLIARD TABLES Council may license • POOR-See Board Supervisors of Poor. See, also, Relief of Poor and Superintendent of the Poor. See, also, Board Charities and Corrections. • • • • • • Authority to establish, etc.. POWER AND PRIVILEGES See Water Power. POWER TO REGULATE LICENSES- • • · • : Chap. Sec. 9 5 85 8288 10 3 10 10 95 10 3 95 97 97 10 00 00 00 00 00 00 00 8 1 9 8 23 6 6 6 6 6 23 8 23 8 23 8 24 6 6 6 6 6 6 6 11Q Q2 Q2 m + 10 ∞ ∞ ∞ CO 2 ૭ ૭ ૭ 4 MM 10 10 4 ****** 4 5 4 5 4 4 5 97 22 22 4 7 8 4 1 14 2 3 4 1 1 66 1 1 5 5 5 Page. 10 10 10 80 80 81 81 81 81 81 18 5 67 5 91 5 9999 5 66 10 10 10 7 2 2 4 5 46 5 66 66 66 66 66 66 ji 66 289290 67 67 5 41 70 5 45 27 27 27 5 44 45 46 28 5 41 45 49 68 INDEX TO CITY CHARTER. 1083 PRECINCTS-See Election Precincts. PRELIMINARY LISTS- To be made by Assessor. PRESERVATION OF HEALTH- Regulations PRESERVATION OF PEACE- Duty of Special Policemen. PRESERVATION OF PROPERTY- Bystanders may be compelled to aid at fires. PRESIDENT OF BOARD OF EDUCATION- Member ex-officio of Library Board. PRESIDENT OF CITY COUNCIL- .. SUBJECT. Shall be elected by Council.. Shall preside over meetings of Council. Shall discharge duties of Mayor, when. To preside at meetings... To act as President of Water Board in absence of Mayor. Shall sign warrants, contracts, etc.. PRESIDENT OF LIBRARY BOARD- Duties prescribed • To execute conveyance of real estate. PRESIDENT OF STATE UNIVERSITY Member ex-officio of Library Board. PREVENTION OF CRIME- Power of Council to ordain. PRIMA FACIE EVIDENCE- J Ską • Certified copies of ordinances.. Certified copies of Comptroller's records. Authorized publication of acts of Council. Certified "true copy" of City Clerk... PRINCIPAL AND INTEREST See City Bonds. PRINTING-See Job Printing PRIVATE SEWERS— Provisions of chapter nine not to apply, when. PRIVIES- Authority to compel owners to cleanse Authority to remove or abate..... PROCESS- How served on City. Of City, how to run. • PROFILES-See Plats and Profiles. PROMISSORY NOTES, ETC.- Of Library Board · • • Manner of assessing benefits. Responsible for water rents • • • • • PROPERTY-See Real Estate-See, also, Acquiring Property, School Property, Sale of Property, Public Property, per- sonal Property, Persons and Property, Preservation of Property, etc. PROPERTY OWNERS— May be compelled to remove snow, ice, rubbish, etc………. May claim damages on account of change of street grade.. Notice of same to be filed with City Clerk, when.. May state grievances respecting awards and assessments. May be given a rehearing. Have no appeal from final award. To build and repair sidewalks. Liability for defective sidewalks. City entitled to execution, when. • • May be compelled to contribute to draining wet lands. City to have judgment and execution, when.. To be assessed for drainage. • • • • • • • • · • Rents may be recovered by action. To furnish abstract of title of lands to be taken by city. In case of failure to furnish abstract. • · • • • .. Chap. Sec. 10 5 4 5 6 ~~ 12 3 00 00 00 4 3 3 9 ২৩ ২৩ Jefferie 4 1 55 11 11 4 9 p 3 67 A A A INZ 12 5 12 7 4 S 9 7 87 2 32 2 32 - 2 32 1 40 4 5 34 7 87 12 2 120 10 5 Page. 22 +4 10 10 17 47 5 11 6 11 8 69 5 120 → ∞o ao ac ac oc ac ∞ ∞ a 10 N N N N N 2 22N956 10 51 64 116 116 2 2 121 123 41 12 5 122 92 43 43 117 117 5 45 72 72 74 74 74 77 12 8 14 8 14 78 9 6 86 6 86 9 9 6 87 9 6 87 9 15 91 9 15 92 10 4 96 10 4 96 78 1084 INDEX TO CITY CHARTER. PROPERTY OWNERS-Continued. To be designated in plat and survey. May advance money for improvements in excess of limit. PROPOSALS- To establish right to claims.. Compensation to be limited, when.. For job printing PROSECUTIONS For contract, how invited. For advertising SUBJECT. PUBLIC AUCTIONS- • Instituted how PROSTITUTES— Authority to restrain and punish.. PROTECT PROPERTY- Duty of Special Policemen. PROVISIONS-See Inspector of Meats- Inspection, etc. PUBLICATION-See Official Publications, Reports, etc. Power of Council... Treasurer to make monthly. City Clerk to furnish copy for. Exchange of • • • PUBLIC HEALTH— Water privileges Intake pipes D • • · Authority to provide for lighting. Authority to construct and regulate. To restrain persons from interrupting or interfering. PUBLIC SITES- Authority to prevent obstruction. Sidewalks, etc. Council authority to acquire... Manner of acquiring.. Expenses paid from permanent improvement fund. Manner of acquiring grounds for... PUBLIC GROUNDS- Authority to provide for lighting Council may order sprinkled.. Manner of acquiring.. A VA A • • Duties of Street Commissioners.. PUBLIC HIGHWAYS-See Streets. PUBLIC HOUSES- Authority to restrain and regulate.... PUBLIC IMPROVEMENTS- Offenders may be sentenced to work on. Damages assessed against property benefited. When Council considers it necessary to procure grounds. · Authority to regulate time, place and manner of holding.... 4 PUBLIC BUILDINGS- • .. • Cribs in Mississippi River Dams, reservoirs and wing dams. Committee on Location of Grounds, etc. Mode of procedure of Committee.. Report of Committee • • Notice of action on report. Commissioners to make appraisals Quorum of Commissioners • • • City Clerk to notify Commissioners. Commissioners to qualify Failure to act.. • • • • • Vacancies to be filled by Mayor. Commissioners to be sworn in. Commissioners to give notice of meetings. · • .. • • • • • • • • • • • • • • • • Chap. • 10 97 10 28 113 10 30 115 10 30 115 8 5 11 4 75 11 13 118 11 15 119 +4+ 6 3 4 5 10 +44 8 10 , Sec. 4 5 41 5 28 63 5 28 63 117 11 3 10 48 4 15 4 15 16 5 10 10 10 8 117 5 10 LO 5 555 10 1 10 10 10 2 T PUBLIC LANDS— Title to vest in city, when condemned, after payment for.. 10 5 5 5 17 1 8 6 75 7 10 Page. 4 5 45 1 10 3 123 m m m aɔ ɔɔ mm 50 777 10 1 94 10 1 94 94 10 1 10 1 94 10 1 94 10 1 94 10 3 47 10 3 67 46. 3 46 45 45 45 94 95 95 95 95 95 10 3 95 53 53 60 94 44 44 45. 79 94 94 94 10 3 95 10 3 95 4 97 INDEX TO CITY CHARTER. 1085 To be forever free PUBLIC LIBRARIES- Power of Library Board to establish and maintain. To be maintained by taxation. (6 66 66 PUBLIC PLACES- Authority to prevent drunkenness. To prevent obscenity PUBLIC PROPERTY— Shall belong to City of Minneapolis, except... PUBLIC SQUARES— City Council to have control... PUMPS AND PUMP-HOUSES— Authority to establish, etc... Repairs, alterations or additions. Cost met by General Fund, when... Expense of maintaining and operating. PUNISHMENT- Council may declare and enforce.. Of persons guilty of violations.. • SUBJECT. • D ► • • ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ Keepers of disorderly and houses of ill-fame.. For drunkenness and obscenity, authority granted. For interfering with fire apparatus... For interfering with water works system. PUTRID SUBSTANCES Authority to prevent depositing in city. Authority to compel removal. Expense of removal RATES-See Water Rates. READING ROOMS— QUALIFICATIONS- Of voters Of members of Library Board. QUARANTINE— Authority to prevent landing of boats. Authority to make quarantine laws. QUORUM- Of City Council Of Commissioners to award damages, etc. RAILWAY TRACKS— No assessment for paving. • • ·· • RANK AND DUTIES- Of members of the Fire Department..... RATE OF TAX LEVY- Comptroller to report to Council. Rule governing computation Ward estimate • • • • City may take, hold, lease and convey. Library Board may acquire and convey Same, conveyance, how executed Donors may vest title in Library Board. RE-APPRAISAL OF LANDS • • ··· Power of Library Board to establish and maintain... REAL ESTATE-See City Real Estate, Property, Etc.- • • · · • · • • Ordered by Court Court to appoint Commissioners. Parties to appeal to be heard. Commissioners to be sworn. Interested parties to be heard. Rules governing Commissioners. Commissioners to report their appraisal to Court. Award final unless set aside by Court.. Compensation of Commissioners. Court may double the costs, when.. • • • · • ―― · · · • • • • • · • Chap. Sec. 2222 12 1 120 12 6 122 12 6 123 12 10 124 4 4 8 4474AP 11 1 116 ૭ ૭ 12 4 9 9 9 13 4 10 -1 10 10 10 10 10 5 5 45 5 45 5 5 1 71 10 2 2 m 12 12 5 45 12 444 10 10 10 12 10 10 10 10 + + 5 5 5 41 4 +4 10 10 5 41 5 5 5 4 69 22 4 5 5 13 1 10 5 91 ∞ a s 12 1 91 91 8 11 77 12 1 7 7 73488 45 69 44 44 44 27 120 46 47 40 95 69 57 57 57 1 1 18 120 123 123 120 10 6 101 10 6 101 10 10 6 6 101 101 10 6 101 10 6 101 10 6 101 10 6 101 102 10 6 10 6 102 1086 INDEX TO CITY CHARTER. RE-ASSESSMENTS- Council to direct mode of procedure. To determine course to pursue. RECORD- Proceedings of Council to be kept by Clerk. To be kept by pawnbrokers, junk dealers, etc. Open to public inspection. Form of records... Employment agencies Of bonds to city, to be kept by Comptroller. Fire Marshal to keep record of cause of fires. REFORMATION OF FALLEN WOMEN- SUBJECT. Fund for an institution. REFUSAL TO OBEY ORDERS- Of Chief of Fire Department at fires.. REGISTERS • • Of previous election used at special election. Judges to take from City Clerk.. REGISTER OF DEEDS- Plats shall be presented to. Shall certify to copy of plats. Inspection of plats... Shall exhibit plat to any person. REGULAR POLICE- To assist at fires. Subject to direction of firemen. RELAYING SEWERS-See Sewers. RELAYING WATER MAINS-See Water Works. RELIEF OF THE POOR- Duty of the Superintendent of Poor. Duty of City Physician. See Board of Charities and Corrections. REMITTING PENALTY OR JUDGMENT— How • RMOVAL OF OFFICERS, ETC.- Council has power to remove. Officers elected removed for cause only. (C Continued absence cause. Neglect of duty cause. If officer refuses to answer charge. • • REPAIRING BUILDINGS— Council may prohibit, when. Consent to make repairs. REPEAL- • • Authority to designate location... RENTS See Water Rents- Revenue from • • · Action of Council... REPUGNANT TO LAW- Ordinances not to be.... RESERVOIRS— Authority to establish, etc. Right to construct. Report on file for inspection... Council to consider..... Of Commissioners of Award. (C Chief of Fire Department may remove members. RENDERING HOUSES- • • S • • • • Power of Council to repeal ordinances.. REPORTS To police by junk and second hand dealers, etc... Fire Marshal to report cause of fires.. Street Commissioner to make bi-monthly reports. Of Committee on Location of Grounds • • • • • Chap. 3444HZ SLO LO LO LO 10 5 7 2 2 8 5 34 ∞ ∞ ∞ 00 7 7 17 7 444447 A ∞ Sec. 4 23 8 23 5 3 8 23 4 8 23 478 32 41 5 41 5 77 10 10 5 41 5 41 11 11 35 10 9 10 8 8 3 70 34 3 8 34 7 7 29 ++ 4 5 4 4 4 4 4 CO 6 9 LO 5 12601 N Q on m m Page. 84 85 7 10 2 2 10 3 7 1 68 7 1 68 64 69 65 70 4 5 88888 4 5 10 1 28 81 81 81 81 70 70 118 OAAAAA 40 40 40 5 41 40 40 69 49 57 94 94 95 95 3 96 41 69 75 3 96 41 45 94 INDEX TO CITY CHARTER. 1087 RESOLUTIONS— Council may exercise powers by, when. Of former cities remain in force, when. Certificate of City Clerk prima facie evidence. Council may provide for compilation... Distribution and sale of publication. RETURNS See Election Returns. REVENUES- SUBJECT. RINKS See Skating Rinks— RIOTS Comptroller to make statement. From licenses, rents, fines, etc. Keepers and inmates of houses of prostitution, costs and judgments collected When falling short of estimates. To be applied to sinking fund. Periodical payment on contract. REVERSIONS AND NEW TRIALS— Designation of roller rinks... • • Council may establish.. RULES AND REGULATIONS- • •· • Municipal Court REVOLVING FUND See Permanent Improvement. RINGS FOR HORSES-See Hitching Posts. • • • Authority to prevent. ROAD BEDS-See Streets. ROCKETS-See Fire Works. ROOFS See Stairs and Ladders- Council may regulate size and material………. RUBBISH- Owner or occupant of property to remove. In default of compliance.. RULES OF EVIDENCE- • O Council shall determine its own.. Governing appointment or removal of police. For the government of Fire Department.. For government of Water Works system. Governing appraisements and awards. Of Board of Water Commissioners. • • · • • • Comptroller may sign contracts, when.. Periodical payments on contracts... • • • Prima facie evidence, when. Certificate of City Clerk... For government of Library Board.. Public libraries, museums, etc., to be subject to. RUNNERS, ETC.- Authority to restrain, etc.... RUNNING AT LARGE- Authority to prevent animals.... SAFE KEEPING OF FUNDS- City Treasurer to provide for. SAFETY VALVES- Authority to designate.. SALARIES—. Of City Clerk... Of Assistant City Clerk. SALE OF ANIMALS- Authority to authorize, distraint and sale.. SALE OF BONDS- • Of Mayor and Aldermen. Compensation of City Officers fixed by Council, when. When fixed, not to be changed during term of office. Council may reduce, when. Limitation of such reduction.. Of members of Police force.. • • → Chap. 11. 11 10 10 11 3 1.1 5 8 10 10 10 10 5 9 5 9 5 5 11 11 5 14 17 4 ∞ ∞ ~ ~ Sec. 4 4 17 4 5 ∞ a 8 9 4 5 ++ 4677∞ → 314 Q 4 11 -03 on en m m 10 IN CO 4 5 47 3 5 5 5 4 2 5 43 Page. 53 116 116 117 117 5 57 57 57 57 58 60 3. 29 118 49 10 11 2 116 11 2 116 12 1 120 124 12 10 4 5 45 4 5 531 64 45 46 41 40 66 69 69 73 90 44 3 4 33 27 37 3 29 38 44 3 33 38 5 11 58 11 58 6 2 66 4 5 44 5 17 60 5 17 6G 1088 INDEX TO CITY CHARTER. SALE OF LIQUOR— Forever prohibited in certain teritory. Forbidden to license in certain territory. Confined to certain territory. Exceptions Penalties for illegal selling. Authority to restrain.. SALE OF PROPERTY— Council shall have control.... SALT- M SEAL- Two-thirds vote required to sell real estate. Exception in case of Industrial Exposition. Land to revert in case of default. Proceeds, how to be applied.. Inspection SANITARY- Council may make improvements... SCHOOL DISTRICTS- Boundaries of Liquor license limits. SECRETARY- G SUBJECT. Taxes of 1886-7. Districts six and eight, special provision. Debts assumed by city Property belonging to city. SCHOOL PROPERTY- Shall belong to city. SCUTTLES IN ROOFS- Power to compel owners of buildings……….. Of Library Board. Shall give bonds. Duties of Secretary. • • • Common Seal of City. Comptroller authorized to keep and use. Library Board may adopt... Library Board to affix to conveyances. SECOND-HAND DEALERS-See Junk Dealers. SECOND WARD- • • Boundaries Liquor license limits. SEWERS- SEIZURE AND DESTRUCTION— •• • • Of explosives, power in Council. SENTENCE, SUSPENSION OF— By Municipal Judge. SEVENTH WARD-- Secretary not to sign orders when fund is exhausted. To join in conveying real estate.. • • • .. Cost above assessments Definition of a street sewer. Assessment for sewers (second plan) Limitation · • Private property may be acquired. Condemnation proceedings Proceedings when surface of land not required. City may enter upon private land to repair. Rights of parties thereto to be defined in deed. Assessments for sewers (first plan). Limitation of assessment.. Increased cost Council to fix amount per foot. · • • ... • ·· • • • • • • • • ·ⱭeyƆ= − +4+ 1 1 2 19 19 42 4 444LO 5 4 00 1 1322 12 12 12 12 12 or or cr er 20 ~ Sec. 11 1 4 14 14 52 14 → 14 7 2 4 10 9 5 1 19 1 2 19 1 19 1 19 ૭ ૭ ૭ ૭ 14 3 10 Authority to cleanse... Council may maintain, enlarge, extend, relay and improve.. 9 1 Action in case of extensions.. 2 9 57 7 2 1 71 5 45&AP 1 120 123 12 7 7 11 ст со 3 1 18 18 36 5 Page. 10 HQ NANQQ+* 43 43 43 5 2 - ૭ ૭ ૭ ૭ 10 10 10 10 121 4 121 122 5 122 7 123 9 9 9 9 4 9 4 9 4 9 4 9 4 9 9 2 52 52 2 52 4 4 4 46 19 68 43 82 9 2 83 9 83 9 2 83 19 42 68 118 2 83 83 83 84 84 84 84 84 84 84 84 21 12322335 43 INDEX TO CITY CHARTER. 1089 SEWERS—Continued. Second plan for assessment, when to be followed. How it may be changed. Special provision for re-assessment. Council to control laying of branch sewers. May order connections made, when.. Manner of constructing same. Council may construct branches. Assessment for branches.. Costs may be collected in advance. Manner of estimating cost... Assessments, how collected. 66 66 66 SUBJECT. Council may require branches laid in areas. Style of branches in areas.. SHEEP S • Regulating piling SHOOTING--- Council may effect drainage for public health.. May bring action against owner to recover portion of cost of extension for drainage. · • Powers relating to property outside city limits. Power of Court to join parties in action.. Court shall make award according to benefits. Amount not to exceed benefit.... Firearms and fireworks.. City to have judgment and execution on award Judgment a specific lien on property... Council may abandon proceedings, when. Drainage of marshes inside city. Covered drains for marshes.. SHOOTING GALLERIES- Council may license. SHOWS- May be licensed. SIDEWALKS- • • • • Cost of draining marshes.. Drainage may be constructed at one time or different years. Order of construction... Assessment of benefits.. Council to designate character, extent and material. City engineer to estimate cost. Interested parties to be notified by publication.. Bids may be called for in advance.. Council may fix cost... Rules governing fixing costs. Engineer may omit estimate of costs, when.. SEWER CONNECTIONS— • • • Council may order private parties to lay, when. Council may have work done. Assessments Cost may be collected in advance. Persons may be required to lay in area. Authority to prevent running at large.. SHERIFF To have custody of prisoners, when. SHINGLES- • · • • • • • • • • · · • Manner of ordering. Resolution of same to be published.. 2 • • Engineer shall have supervision of construction. Authority to prevent obstruction. Authority to prevent driving on. To prevent damaging in any way Owners to build and repair. Council to order. • • • • • · · • Chap. 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 85 85 9 5 86 86 86 86 4 *S*H 10 10 10 10 10 10 10 10 10 10 10 CO 4 3 4 85 5 4 85 5 8 9 864 9 86 9 86 9 86 9 86 9 86 9 86 9 86 9 87 9 87 9 87 9 6 87 9 6 87 9 6 87 10 8 102 10 8 102 10 8 102 10 8 102 10 8 103 10 8 103 10 8 103 8 8 5 85 5 5 85 5 6 6 6 6 6 6 6 6. 6 6 6 6 10 10 10 10 10 4 5 5 5 5 5 4 5 4 5 85 85 85 5 85 86 4 7 50 10 5 10 10 10 ♡ 44+ ∞ ∞ ∞ ∞ 5 Page. 10 85 85 5 5 5 85 ܟ 85 12 34 44 45 45 8 12 77 12 77 12 77 77 44 49 45 41 41 1090 INDEX TO CITY CHARTER. : SIDEWALKS-Continued. Assessments to be made, when. Collection of assessments... 12 77 12 77 12 78 Street Commissioner to build, when. May be built by contract. 12 78 13 78 15 78 Repairs, duty of Street Commissioner, when. Funds may be advanced, when. Ground to be graded before ordering. Neglect of property owners to build. City engineer to estimate cost. 16 79 10 10 104 10 10 104 10 10 104 10 10 104 Estimate not to be binding on city. Council shall designate cost of building. Council shall levy assessments and cause roll to be made... 10 10 Assessments for repairs.... 104 10 11 105 10 19 109 Majority vote only, required to order. SINKING FUND- Council to maintain same. Liquor license limits. SIZE OF BUILDINGS- Regulations • SKATING RINKS- A Care and investment. • Not to be abolished until debts are paid. Not to be diverted.... Revenues to be applied to fund Board of Commissioners to have charge. May be invested in city bonds.. Interest on same to be paid to fund Bonds to be paid from fund, when. • SUBJECT. May be licensed. SLAUGHTER HOUSES- SMOKE STACKS- SNOW AND ICE- • SINKING FUND COMMISSIONERS- Shall invest Permanent Improvement Revolving Fund……. SITES FOR PUBLIC BUILDINGS- How acquired SIXTH WARD- Boundaries SOAP FACTORY— Authority to regulate construction. Spark arresters to be used... Council authority to designate. Expense may be assessed.. • • SPARK ARRESTERS- To be used in smoke stacks. SPECIAL ASSESSMENTS- Exposition realty not exempt. Benefits from improvements.. • • • Authority to direct location and management. To direct removal... Special consent required to locate. SMOKE HOUSES- Council to regulate and locate To prohibit, when • • • • · • • • • • Authority to compel property owners to remove. No railway company to pile in streets.. SNOW REMOVAL DISTRICTS- • SOCIETIES May be associated with Library Board.. SOLICITORS-See Agents. D · D • Permanent Improvement Fund used in advance of. Proceeds of same.. O • • • • • • ∞ ∞ ∞ ∞ ∞ ∞ ∞ Chap. • 8 8 8 10 10 10 10 10 10 10 10 10 5 14 5 14 5 5 14 14 14 14 14 14 14 5 5 5 5 5 10 4 4+ 1 4 4 Authority to compel owner to cleanse, remove, or abate.... 4 Authority to designate location.. 4 Sec. 77 7 ◄ Co ܥ ܠ ܠ 44 28 15 4444 10 10 10 3 10 C 5 5 5 5 47 12 5 5 4 5 8. 21 5 10 or cr 5 10 10 Page. 5 2 2 68 • 5 58 58 58 58 58 58 58 59 59 112 53 21 42 47 41 44 44 44 8883 68 6889 49 5* 46 45 HA A CON 80 46 43 49 12 9 124 72 68 4 14 53 5 16 59 59 5 16 5 16 60 INDEX TO CITY CHARTER. 1091 SPECIAL ASSESSMENTS-Continued. Comptroller may sign contracts, when. For street paving and gutters... No assessment for paving railway tracks. For street sprinkling.. Levy to be made annually. Levied for water mains. Plan of making levy Cost over assessment. · Second plan for water mains. Increased cost Street sewer defined. Second plan for sewers. Increased cost "C • Second plan to be followed, when. How changed For sewers May be refunded, when. 66 66 SUBJECT. • • For laying branch pipes For making sewer connections for private parties.. For branch pipes and sewer connections, how made. Against property for drainage of marshes, etc.. Manner of assessing benefits. Credited to Water Works fund. Excess collections credited to Water Works fund. Council may direct Auditor to divide. • • • • · Amounts may be advanced. The same to be refunded, when.. Validity not affected by irregularities. Roll evidence of proper proceedings. In case Court determines them invalid. 66 · Council may order collections to cease, when. Actions in case of invalidity.. Payments on invalid assessments to be noted. Collection of new assessments. Not invalid because in excess. 66 66 • • • · • · Deficiency paid from Ward fund, when. Surplus, how disposed of.... Funds shall be kept separate. Improvements to be made immediately. May be paid direct to City Treasurer. Interest not accrued to be deducted. Prior assessment not affected.. Priority of assessment liens... To be paid in annual installments. May be paid any time after first year. Payment of interest. Provisions to apply to assessments of 1886. Certificates of City Engineer... Engineer's Certificates in lieu of cash Record of deferred payments... City Council to approve. Consent of parties implied, when. Lien of city in deferred payments remains intact. Rolls, when made and adopted.. Surplus refunded, how.. Limitation of assessments for year... Property owners may advance in excess of limit. SPECIAL ELECTIONS— ► • • • • • • • • • • • • • • How conducted Notice to be given by Clerk. Not to be held within sixty days of general election. Council may change location of polls... • • • • • · • • • • • • • • • • • • • • • • ∞ ∞ ∞ ∞ ∞ ∞ Chap. 9 9 17 60 11 77 11 77 79 79 83 83 9 3 83 83 3 83 84 84 84 84 84 84 5 85 Sec. 17 17 3 9 3 9 9 9 9 a viσ UT HA A A A CU ☺ co w w w co 3 QI QI Q N N 10 10 10 10 3 2 3 4 9 4 4 9 9 5 4 85 9 5 85 9 6 86 9 6 87 9 11 90 9 13 91 10 15 107 10 15 107 10 15 108 100 10 15 10 15 108 108 10 16 10 16 108 10 17 108 10 17 108 10 17 108 10 17 108 10 17 108 10 18 108 10 18 109 10 18 109 10 18 109 10 22 109 10 22 109 10 23 109 10 23 110 10 24 110 10 25 110 10 27 110 10 27 110 10 110 10 27 111 10 27 Page. 10 27 111 10 27 111 10 27 111 10 27 111 10 27 112 00 00 27 111 10 27 112 10 27 112 10 28 113 10 28 113 ૭ ૭ ૨૭ 2 5 25 1O 1O NO N 10 10 10 1 25 25 27 1092 INDEX TO CITY CHARTER. SPECIAL MEETINGS SPECIAL ELECTIONS-Continued. Not necessary to make new register... Not to appoint new judges, or new polls. Judges to take register from City Clerk. SPECIAL JUDGE See Municipal Court— Power of Justice of Peace.. Mayor may appoint, when. Powers and duties Of Council, Mayor may call.. Business must be designated in call.. SPECIAL ORDERS-See General and Special Orders. SPECIAL POLICEMEN- SPRING ELECTIONS- Abolished after 1887.. STABLE- SUBJECT. SPECIAL TAX- For payment of judgments against city. Time of making levy.... K New levy to be made, when. Disposition of excess collected. SPECIAL TRUSTEES- Library Board, of bequests, etc.. SPIRITUOUS LIQUOR-See Liquor- Sale forbidden, where.. • • STEAM- • STATE BUILDINGS- No control of STAGES May be restrained and regulated.. STAGNANT WATER- Kadang • Authority to compel owners to cleanse.. Authority to designate location... Authority to compel owner to drain. In default of owner's complying.. STAIRS AND LADDERS- To scuttles in roofs of buildings. STALLS-See Butchers' Stalls. STANDARD WEIGHTS AND MEASURES Sealing STANDING COMMITTEE ON FIRE DEPARTMENT- To consent to removals, etc... STANDING COMMTTEE ON TAXES- To constitute Board of Equalization... STANDING PLACES- For hacks, drays, etc. 體 ​• · • • ST. ANTHONY- City of Minneapolis the legal successor of.. Indebtedness and obligations assumed by Minneapolis. Ordinances, etc., not inconsistent to remain in force.. Authority to direct location and management... STONE DRAINS-See Drainage. STORE HOUSES FOR HIDES- + Authority to designate location... STOVES, PIPES, OVENS, ETC. Council to prevent dangerous condition... STRAW- Authority to regulate sale.. To appoint person to superintend same. • • • • Authority to prohibit discharge from locomotives. STEAM BOILERS- Authority to regulate construction and prohibit location.... STOCK YARDS- • • ~~~Chap. →→→ Sec. +4 4 2 7 29 3 23 37 10 10 10 10 2 6 3 67 4 4 6 3 67 e p 5 37 65 65 5 37 5 37 65 5 37 65 4 4 12 7 123 4 5 1 2 19 10 5 4 છ 5 5 4 5 7 6 4 10 10 5 5 4 4 46 46 7 2 68 10 Page. 5 4 5 28 со со со 28 10 5 4 5 4 5 40 40 RRR 22 10 10 3 55 5 5 11 1 116 11 1 116 11 2 116 25 43 49 45 46 69 47 48 44 4 5 7 2 68 48 44 49 45 45 INDEX TO CITY CHARTER. 1093 STREETS- City Engineer shall have charge of.... Authority to prevent obstruction. Authority to prevent fast driving. To compel persons to hitch horses. Council may condemn lands' for. Manner of condemnation..... SUBJECT. Council to have control of streets, etc. Public squares and grounds... Council may lay out and open new streets. May provide drainage of streets, etc.. To construct bridges and other improvements. Sanitary condition of city...... Council power to divert streams of water. May bridge railway tracks. May provide for paving. Power to establish grade of any street. May change grade by two-thirds vote. To have profiles made.. • • City Engineer to file same. Change of grade... • • • · · · Commissioners to award damages. Qualifications of Commissioners.. Assessments of benefits.. Four Commissioners to award.. Vacancies, how filed.. • • Property owners may claim damages. Limitation of making claim.. Building Inspector to certify to damages. Council may reconsider action.. Majority vote to reconsider.. Action on reconsideration.. • • Commissioners to hear evidence.. Meeting and adjournment... City Engineer to give advice. Appraisement and award... • Oath of Commissioners.. Penalty in case of failure or neglect. Notice of meetings. View property · · · · • • • • • • Award only excess of damages over benefits. Commissioners to report to Council. Cost of making improvements.. Assessment list · Description of all lands affected. • City Council to perfect assessment levy. Adoption of assessment roll.. City Clerk to prepare forms. Limitation of awards. Council may act or refer to committee. May confirm or send back………. Republish notice of meeting, when.. Commissioners to have rehearing of evidence. Again report to Council. Council may appoint new Commission, when. Award and assessment final...... • • · • • • • • • • • • • • Damages, etc., when computed. Council may vacate streets, alleys, etc. Exclusive powers vested in Council.. • Council may designate districts for street cleaning May provide for cleaning by contract. Work may be done by contract or day.. Disposition of work within discretion of Council. Work may be done under direction of any officer. Notice of proposals for contract work. • • • • · ✩ ✩ Chap. 3 10 4 ++∞∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞o HHQQ N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M 10 10 10 10 4 15 4 15 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 8 2 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 Or OT OF Sec. 8 8 8 8 8 8 8 8 8 53 71 71 7.1 71 71 71 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 74 74 74 74 74 74 74 74 74 74 74 74 74 75 75 75 75 75 75 5 75 8 S 8 8 8 8 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 8 4 3 4 5 5 5 Page. 34 44 44 44 53 1094 INDEX TO CITY CHARTER. SUBJECT. STREETS-Continued. Council shall appoint Street Commissioners. Duties of Street Commissioners.. Streets to be kept clear from obstruction. Streets to be safe and passable... Street Commissioners subject to directions of Engineer. Commissioners to execute orders of Council, Shall keep account of work and expenditures. To report to Council bi-monthly or oftener.. No bill for compensation allowed, except. Street Commissioners shall act as Health Inspectors. To have authority of police officers.. Act under direction of Health Officer and Board of Health. All work subject to approval of Aldermen.. Council may appoint General Street Commissioner.. General Commissioner to receive and observe instruction.. Shall superintend and direct Street Commissioners. Do as City Council may require..... Street Commissioners not to be interested in contracts. Not allowed compensation for use of teams Not allowed to furnish materials. • Shall not accept gratuities.. Contract void if Commissioner is interested. Materials forfeited, when Penalty in case of violation. • • Mississippi river bridges a city charge. Bridges over railways a city charge, when. Street improvements a ward charge.. Opening of new streets by Council. Straightening or widening existing streets Drainage of streets.. • • · • • • • • • • • Improvement of health or sanitary condition. Diverting water courses... Council may purchase or condemn lands. Provision for payment for such property. Damages to private property.. Property benefited may be assessed. Limitation of assessment.. Excesses of expense, how paid.. Consent of cemetery owners required, when. Council authorized to order pavements. Special assessment for paving... Exempt property and street crossings. No assessment for paving railway tracks. Property owners to lay and maintain sidewalk. Council to order same.. • • • • . • · • • ·· • • · • • Council to designate material and width Order to be made by resolution.. Resolution to be published. If property owners fail to construct. Sidewalk assessments, how made.... Collection of sidewalk assessments. Street Commissioner to build, when Council may have walks built by contract, when. Sidewalks out of repair.... • • Street Commissioners to repair and report to Council. Cost of repairs assessed against property. One assessment roll for the year.. Duty of owners to keep sidewalks in repair Liability of owners of defective sidewalks. No action shall be maintained against city, except. Owner to be joint party to suit.. Execution in case of judgment for injury. City not to pay judgments, unless.. City the owner of sidewalk judgments paid. • • · • • • • • • • • .. · • • • ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ o ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞o ∞o or ac oo ac ao xc ao ao ∞ ∞ ∞ ∞ ∞ Chap. 75 75 6 75 6 75 6 75 6 75 6 75 6 75 6 75 8 6 75 6 75 6 75 6 75 6 76 6 76 6 76 6 76 7 76 76 76 7 76 8 6 8 8 8 8 8 8 8 8 8 → Sec. ~~~ ∞ ∞ ∞ 8 77 8 8 76 76 76 8 8 9 9 9 10 10 10 10 10 10 10 10 10 11 11 8 11 11 12 8 12 12 12 12 12 12 12 12 12 8 13 Page. 77 8 10 77 8 10 77 10 77 77 77 77 77 rry 77 77 77 77 77 77 76 76 76 76 8 13 13 76 76 76 76 76 76 8 14 77 77 78 78 78 78 78 13 78 14 78 8 14 78 8 14 78 14 78 14 78 14 78 78 INDEX TO CITY CHARTER. 1095 SUBJECT. STREETS-Continued. May enforce payment by property owner. Form of proceedings to collect judgment. Moneys to build or repair sidewalks.. Advanced from permanent improvement fund. City reimbursed by special assessment.. Street crossing expense a ward charge. Damages a ward charge.. • Money for damages, how raised. City Council to order grades made. Ground to be graded before ordering walks. City Council has power to sprinkle streets, etc. Council may contract for street sprinkling Limitation of contract • · Street sprinkling assessments, how made. Street obstructions not authorized. • • • • • • • • Water works to furnish water for sprinkling. Supply of water city's proportion of sprinkling expense. Cost of sprinkling to be assessed upon lands. No notice required, when City not liable until street has been graded Not liable when no sidewalk is built.. • Negligence in management of street excavations, etc. Failure to maintain guards and danger lights….. Liability of persons for damages.. Execution on judgment for damages, how to issue. If city pays unsatisfied judgment.. Service of summons for insufficiency of street or sidewalk. Service by publication when... Action to be brought within a year 66 66 66 66 66 • · Notice of action to be given the Mayor or City Clerk. Time of serving notice...... Form of notice on Mayor or Clerk. • • • • • • Council may direct material and size of plats May accept, reject, change or modify plats.. Plats, accepted and approved..... City Clerk shall certify to approval of plats.. Original plat and one copy filed with Auditor. Copy of plat to be filed with Engineer. Plats, how recorded Railway companies not to pile up snow. Liability for damages Persons injured by reason of obstructions. City's right to recover from railway company District, how designated Council power to extend limits of territory. Limitation of distance district may be extended. Council to have control of laying out streets, etc. Control of plats of additions... Charge of dedications for streets, etc. · · Streets, etc., to conform to the city system.. Council may indicate arrangement and dimension of streets. City District continues until Council modifies or extends... Subdivision of lots, etc.... • Plats of lots, etc., to conform to statutory provisions. When completed to be presented to Council. Must be drawn in triplicate.. • • · · • • · • • ► · • • Register of Deeds shall certify to copy of plat. Original plat only to be open to inspection, v. hen. Certified copy always open to inspection. General statutes, respecting filing plats, to apply City not liable to grade streets, when.. Not responsible for insufficiency of streets, when. Contracts not to be awarded to any person in default. · • • • • • • • · · • • co co co ao ao ao co co co co co co co co ∞ ∞ ∞ ∞o ao ao ∞ ∞ ∞ ∞ ∞ ∞o ∞o ∞o ∞o ∞ ∞ ∞ ∞ ∞ ∞ ∞o ∞o ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞o co oc ∞o ∞ ∞ ∞ ∞ ∞ Chap. 8 8 8 14 78 14 78 15 78 15 78 15 78 8 15 78 79 S 15 79 8 8 8 15 8 8 8 8 8 16 79 8 16 79 8 17 79 17 79 17 79 17 79 17 79 8 17 79 17 79 8 18 79 18 79 18 79 18 79 8 18 79 18 79 19 79 8 19 79 20 79 20 8 20 8 8 8 8 8 8 8 8 8 8 20 8 Sec. 8 8 20 20 21 8 21 21 21 22 22 8 8 10 10 10 22 8 22 8 80 811 81) 20 80 20 80 80 80 se 80 80 80 80 80 80 8 8 22 80 80 8 22 80 22 80 80 22 22 80 8 23 80 23 80 23 80 23 80 23 80 8 23 80 23 81 23 81 23 81 23 81 23 81 81 Page. ૨૭ ૧૭ 8 23 8 23 81 23 81 23 81 8 24 24 81 24 81 25 81 1096 INDEX TO CITY CHARTER. STREET CLEANINGS— STREETS Continued. Proceedings when Court annuls award of Commissioners... 10 13 106 Proceedings when award again annulled.. When proceedings are irregular... Council may order new assessment. Form to be followed 10 14 106 10 14 106 10 14 106 10. 14 106 10 14 106 Former assessment cancelled, when. STREET BEGGARS- Restraint and punishment Council may designate districts. May be done by contract. .. SUBJECT. City Council shall appoint. Term of office and duties. STREET COMMISSIONERS-See General Street Commissioner- • • Keep sidewalks clear and in repair. No bill to be paid unless accompanied by detailed statement. To act as Health Inspectors.. STREET CROSSINGS— A ward charge STREET GRADES— Police powers for enforcing health ordinances. Act under direction of Health Officer. • To superintend grading of streets. To be directed by City Engineer. To carry into effect orders of Council. Shall make bi-monthly reports to Council. To report as often as Council orders... Approval of work • • • .. • • • Not to furnish material for work. Not to be allowed compensation for team Not to receive gratuity from interested persons. Punishment for fraud. • • • · Mode of procedure.. City Engineer to prepare plat. Nature of plat and survey Engineer to make estimate of cost. • • · To build sidewalks, when To repair sidewalks, when.. To report cost and description of abutting property. Commissioners' report to be filed with City Clerk. Shall remove dangerous sidewalks, when. Council may establish. May be changed, how Property owners may claim damages. Manner of appraising damages... Benefits to be assessed against property. Council may reconsider action, when.. Street Commissioner to superintend. STREET IMPROVEMENTS- A ward charge • · • Duties of Commissioners Quorum and vacancies Penalty in case of failure to attend. Manner of appraising awards, etc.. City Engineer to advise Appraisers. Benefits to be an offset to damages. Lands taken, how described Lands assessed, how described. • • Property owners to be designated in plat. Commissioners of Award • • • • • • • • • Council to act on report of Commissioners. Council may send back to Commission.. Commission to hear further evidence. To revise and report appraisement. • ► · Chap. Sec. • 4 8 ထတ 8 8 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ 8 8 6 8 8 6 8 75 75 75 75 75 75 75 75 75 75 75 75 75 8 7 76 77 76 7 76 8 76 12 78 13 78 13 78 78 78 8 6 8 8 8 8 6 6 6 8 6 8° 8 8 8 6 8 8 8 8 8 со 00 00 00 00 00 0 8 8 8 8 8 8 5 47 44 8 CO 8 15 73 6 10 10 10 6 6 6 6 10 10 ܤ 13 13 76 10 5 97 97 97 10 5 97 ૦ ૦ ૦ ૦ ૦ ૦ ૦ 72 2 72 72 72 72 72 6 75 9 © 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 LO 5 10 5 5 10 5 97 97 10 5 97 98 98 98 10 5 98 98 10 5 99 99 99 10 5 99 Page. 5 5 • 5 75 75 10 5 10 5 10 5 10 5 99 10 5 99 INDEX TO CITY CHARTER. 1097 STREET IMPROVEMENTS-Continued. Council may confirm or annul.. Confirmation final Council shall proceed to make levy, when. Council to order assessment roll, form.. Interested persons may object and appeal. Court to order re-appraisal, when... Rules to govern re-appraisal... Authority to provide for. Council may reduce amount, when. Council may order……….. May be done by contract. Limitation SUBJECT. Award of re-appraisement final unless set aside. Council may abandon proceedings, when.. STREET LIGHTING- - • To reserve rights in contracts... STREET OBSTRUCTIONS-See Obstructions in Streets. STREET OPENINGS- Council may purchase or condemn lands.. STREET SPRINKLING- • By Municipal Judge SWIMMING- Excepted, for veto purposes SUPERINTENDENT OF POOR- • SWINE- SWILL- SUBDIVISION OF LOTS- How made Plat to be presented to Council. Acceptance to be recorded. SUCCESSION, PERPETUAL— City to have SUNDAYS- May be Secretary.. Bond, duties, etc. SUPERINTENDENT OF POLICE- .. p SUSPENSION OF SENTENCE- • • · • J • Water furnished free of charge. Supply of water city's proportion of expense. Expense assessed upon lands. Form of assessment roll.. STREETS, VACATING-See Vacation of Streets. STRUCTURES-See Fire-Proof Structures and Dangerous Struc- tures: • P • How appointed SUPERVISOR OF THE POOR-See Board. SUPERVISION OF STREETS-See Streets. SUPPRESSION OF DISEASE- Regulations SURVEY-See Plat and Survey. SUSPECTED PERSONS— May be kept from vicinity of fires.. Council shall elect Shall perform prescribed duties for relief of poor. SUPERINTENDENT OF WATER WORKS- • · Authority to regulate Authority to prevent running at large.. Removal My TALLOW CHANDLER SHOPS- Authority to compel owners to cleanse.. Authority to remove or abate the same. TANNERIES- • • • Authority to compel owners to cleanse. Authority to remove or abate.. Authority to designate location. • • • • · • • • • • · • · • • ○ Chap. 41 42 5 10 10 10 5 100 10 100 10 6 100 10 6 101 10 6 101 10 6 101 10 7 102 8 00 00 00 00 00 00 11 5 11 8 8 8 8 8 10 8 co co co 8 10 76 8 8 1 3 ww 3 9 9 Oi Oi Oi Oi Sec. 99 5 100 10 4 5 4 17 17 17 17 17 17 12 *** 23 ૦ ૦ ૦ w w w 4 23 23 ~ -1 7 1 18 3 1 32 a a 9 9 5 10 4 5 5 4 5 Page. 10 10 5 45 6 1 66 444 10 10 10 HD 10 4 5 47 5 57 7 4 69 11 11 118 5 58 79 79 79 79 79 79 105 8888 80 80 81 34 34 88 88 44 44 49 43 43 43 43 49 1098 INDEX TO CITY CHARTER. SUBJECT. TAPPING MAINS-See Water Mains. TAVERNS— Council may license TAXES-See Assessments- Assessed for 1886-7... School districts six and eight. Shall be paid into City Treasury. Of 1886 distributed Exposition realty exempt from. 66 • • City Assessor, Council shall appoint. Style and term of office. 66 66 • • • Vacancies, how filled Deputy Assessors Assessor to appoint, Council to confirm. Term of Deputies Assessor's Clerks • • O • Number reduced or increased, when. City Council to confirm all appointments. Instruction of Deputies and assignment of work. Subsequent appointment Assessors and Deputies to qualify Preliminary assessment lists.. County Auditor to deliver books, etc. Assessment lists, when begun. Limit in which to revise lists. Deputy may sign notices.. Term of office of former Assessors, etc. General laws to govern Assessors.. • • • • • '. • Board of Equalization, how constituted. Time and place of meeting of same • Board to revise, amend and equalize assessment roll. Assessor to attend meetings of Board.. Assessor to furnish Board with facts and information. Powers of Board of Equalization. Board not restricted by limitation. Reduction of total assessment. Meetings of Board of Equalization. Board to continue until equalization completed. • Limit for completion of same. Power of Board to employ clerks. Right of persons aggrieved by assessment. City Attorney to attend meetings of Board. Duty of City Attorney in case of undervaluation. Assessment rolls completed to be returned to Council. Council may confirm or return rolls to Board.. In case rolls returned to Board for revision.. City Clerk to return rolls to Auditor. Memorandum of confirmation of rolls. When Council fails to act on rolls. Validity of City Clerk's certificate. Council to fix salary of Assessor. Compensation of Board, deputies and clerks. • ❤ City Comptroller to report tax levy computation. Levy to meet Ward expenses. City Council to make levy.. · • • Levy for permanent improvement. Tax limitation Levies to be made by resolution Statement of tax levy • • • • • • • · • • • • Limitation of current expense tax. Appropriations prior to levy.. Levy to meet interest and principal of bonds. Excess of collections... One-mill tax omitted, when. • · • • • • • • ·· • • • · · • • • Chap. Sec. ㄓ​ˇ 4 1 1 1 1. 4 14 5 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 ∞ ∞.00 00 5 5 1 5 5 1 54 54 55 55 55 55 55 5 1 5 5 1 5 5 5 5 5 5 5 5 5 5. 5 5 5 5 5 5 5 5 5 5 5 5 5 41 2. 2 2 2 || 5 5 2 5 4 5 5 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AAA ∞ ∞ ∞ ∞ cu cu 20 30 29T 4 4 4 4 4. 5 ነፍ 5. 5. 5 Page. 5 19 19 19 23 53 5 3 56 6 10 10 10 10 10 10 10 10 10 3 56 6 55 3 56 8. 55 3 56 10 55 3 56 10 55 3 56 55 3 56 4 56 4 56 56 56 56 56 56 56 56 5 56 56 56 56 5 16 55 55 55 55 56 56 56 57 57 57 37 5 10. 57 5 19. 55 10 10 10 55 10 LO 55 55 55 5 13 58 14 58 14 59 16 60 60 18 60 61 INDEX TO CITY CHARTER. 1099 TAXES-Continued. Collection of taxes County Treasurer to pay over tax collections. Advance tax collections.... County Auditor's tax statement. Delinquent taxes Delinquent taxes of prior years. Special tax, when levied and for what. Collected for Library Board. County Treasurer to pay to City Treasurer. TAX LEVY-See Board of Tax Levy- Council to make levy for current expenses. Limitation of same. For permanent improvements. Time for making levy • • • Council may provide for increase of fund. Limitation of levy TENTH WARD- SUBJECT. All taxes to be levied by resolution.. No taxes invalid by reason of informality. Nor because of any excess in amount. 66 66 CC (C Boundaries TERM OF OFFICE- Council to make statement to Auditor. Date of statement by Council.. Library Board authorized to levy Limitation TERRITORY— • Return to be made to Auditor. When Library Board fails to return to Auditor. TAX-PAYER- Shall be advanced, when Advanced collections to be accounted for. THEATRES May be licensed • • Comprised in the City.... • • May bring action against officer, when. May maintain action to enforce compliance of Sinking Fund Commissioner TAX COLLECTIONS- · Not affected by extending city limits.. Alderman Sixth Ward, special provision. Aldermen after January 1, 1889.. THIRD WARD- Boundaries Liquor license limits. THIRTEENTH WARD- Boundaries • • Assessor Deputy Assessors and Clerks. Chief Engineer of Fire Department. Street Commissioners TELEGRAPHS AND TELEPHONES—See Fire-Alarm Telegraph and Underground Wires- Authority to regulate location of poles, etc. To order removal of poles. Authority to regulate, etc... TEMPORARY ORGANIZATION-- Of Library Board.... TEN PIN ALLEYS- Council may license • • • · Officers elected by Council.. • Special provision relating to officers holding after April, 1887... • • · • • · • + • 'duyɔ 10 10 10 10 10 10 10 22 2 ¿ 5 19 5 61 5 20 61 12 12 5 21 61 5 21 5 21 61 61 5 37 65 10 10 10 10 10 10 10 10 10 10 10 10 5 10 5 5 10 5 16 5 5 16 5 5 16. 16 5 18 5 5 18 18 18 19 19 12 6 12 6 12 6 12 5 2222 ૭ 10 10 Sec. 5 5 4 12 20 61 4 1. 5 14 59 ¬ 6 123 444 10 10 10 6 123 2 5 57. 57 60 60· 60 60 60 60 60 61 61 61 122 123 123 6 123 8 : 4. 11 20 20 5 5 1 14 2. 2 5 A 10 10 1- 00 02 - 1 IN W +41 T Page. 11 124 1 5 41 3. 22 1. 1. 6 1 2 30 10 5 61 61 48 48 48 25 55 55 5 69 75 a w 22 22 24 24 18 41 3 20 1 4 5 42 1 3 22 1100 INDEX TO CITY CHARTER. TIE-VOTE OF PEOPLE Council shall determine. TIRES- TITLE AND RANK- Fire Department TOMB- Authority to regulate width. S Removal of bodies from.. TORPEDOES- Prevent use of.... TRACKS-See Railway Tracks. TRAFFIC-See Heavy Traffic. TRANSCRIPTS See Certified Transcripts. TREASURER-See City Treasurer and County Treasurer. TRIAL OF OFFICERS Place and manner of... Ten days' notice to be given.. Council may compel attendance of witnesses. TWELFTH WARD- If officers refuse to appear. SUBJECT. Boundaries UNANIMOUS CONSENT- Required to pass ordinances on night of presentation..... UNDERGROUND WIRES- Authority to order and regulate.... UNHEALTHY SUBSTANCES— Board of Health may direct removal. Expense assessed against property. UNITED STATES BUILDINGS— President of Library Director.... UNSAFE BUILDINGS- VACANCIES IN OFFICE- How filled Council or Building Inspector not to control.... UNIVERSITY— Authority to prevent construction. UNWHOLESOME FOOD-See Meats, etc. UNWHOLESOME PLACES- Authority for cleansing · VEAL- Council power to declare office vacant. In Assessor's office, how filled.. Water Board, how filled..... Mayor may appoint Commissioners of Award. Library Board, how filled... • VACATION OF STREETS-See Streets- May be made by Council.. Exclusive powers VAGRANTS— Authority to restrain and punish. Imprisonment at hard labor. Construction and location.. VENDING OF LIQUORS- VETO- • • License and regulation... Of ordinance, etc. ·· • ·· • How punished VALVES AND SPECIALS-See Water Works. VAULTS AND PRIVIES- • • • M • • Inspection VEHICLES- To prevent obstructing streets, sidewalks, etc... VENDORS OF GUNPOWDER, ETC.- License, etc. • • · Special provision if within sixty days of general election. 2 To be filled by City Council.. · • • • ~ Chap. ~ Sec. • 4 5 7 5 69 4 444 4 1 4 7 2 68 4 ++ 4 4 12 NA A 45 A 2 2 9 4 5 10 12 10 5 ∞0 00 4 5 444+ 444 3 9 5 4 10 10 5 3 5 ૭ 4 5 49 229 HIZM a 4 1 8 3 7 3 8 3 2 ~Page. 48 49 4 4 5 40 40 40 40 22 51 48 46 46 48 120 43 25 5 47 7 50 4 7 50 25 29 40 55 88 95 121 4 5 47 4 5 46 74 74 5 41 5 44 41 1 32 INDEX TO CITY CHARTER. 1101 VICE K Council may ordain the suppression of VICE-PRESIDENT- Shall be elected by Council... Shall discharge duties of President, when Shall be styled Acting Mayor, when.. Validity of his acts. To preside in absence of President. VICTUALING HOUSES- License and regulations.. VINOUS LIQUOR-See Liquor. VIOLATION OF ORDINANCES— Council may declare penalties... Actions for shall be brought by warrant. Warrant not necessary, when. Process in name of State.. VOTERS- • Street improvements WARD TAX LEVY- Qualification of VOTES-See Majority Vote and Tie Vote. VOUCHERS— Preservation of same. WARRANTS (Orders)— · SUBJECT. WAGONS- To prevent obstructing streets, sidewalks, etc. WAITING PLACES- • To be made by Council.. Limitation of same. For hacks, drays, etc.... WALKER, T. B.- Library Director, first Board.. WALLS- Regulate construction WARDS- City divided into thirteen.. Boundaries designated Accounts to be kept by Comptroller.. Evidence of indebtedness countersigned by Comptroller... WARD CHARGES- · • For the sums total of pay-rolls... Form prescribed Mayor may appoint... Appoint at request of parties. Serve without expense to city. • • * • • WARRANTS—(Process)— May be served by policemen throughout county. Not necessary, when.. WATCHMEN • • .. Powers, not to act outside limits designated.. WATER BOARD See Water Works- Abolished by Legislature [Note]. WATER COURSE- Council may divert, except.... WATER MAINS, ETC.— Council to control Punishment for interference with. Property owners to be assessed. Plan of making assessment. Cost over assessment. Board to determine size and quality. Council to order mains laid... · • • • .. • • • Board may contract for laying, when. May be laid in advance of assessment collections. Expense above assessments. • ... • • • • · ✈ Chap. & Sec. 00 00 00 00 + 3 3 3 2 4 32 32 32 3 2 32 40 5 4 5 11 8 4 11 8 11 8 4 4 5 41 12 4 113 m 2 4 27 8 10 10 5 5 20 20 5 N N N N − 5 2 6 6 2 6 1 | 00 3 13 8 179 24 5 5 11 10 5 3 cu cu 12 9 Page. 41 mmm m 19 3 19 3 41 117 117 117 3 6 1 66 11 8 117 | 62 10 44 6 3 67 67 67 3 67 47 124 12 58 12 58 47 22 62 22 62 35 35 76 82 76 4 69 4 69 3 83 83 9 3 9 3 83 9 11 90 9 11 90 9 11 90 90 9 11 9 13 91 1102 INDEX TO CITY CHARTER. WATER MAINS-Continued. WATER RATES- Punishment for interfering with... Council to designate character, extent and materials. City Engineer to estimate cost.. Interested parties to be notified by publication. Bids may be called for in advance. Council may fix cost. Rules governing fixing cost. Engineer may omit estimate of costs, when. WATER POWER AND PRIVILEGES- Manner of acquiring for Water Works. WATER PRESSURE Highest limit WATER RENTS- SUBJECT. To be fixed by Water Board. Increased or decreased by Council. Shutting off water from delinquents. Water may be furnished free, when.. Property owner responsible for rents. May be recovered by action WATER WORKS- Superintendent shall collect..... • • • D Expenses to be paid from permanent improvement fund... Council to govern... Punishment for interference with Council power to maintain.... May extend, enlarge, relay, improve, etc. May acquire property Condemnation proceedings Title in fee-simple vested in city. Proceedings when surface of land is not required. City to enter upon private property for repairs, etc. Deeds to state rights of parties... • Branch pipes in arrears. Regulations and permits... • • · • · • Assessments for laying water mains, first plan. Cost over assessment to be paid from water works fund. City to pay expense for property exempt.. Second plan of assessment. Limitation of such assessment Increased cost of same. Water Works Fund available Council to adjust amount per foot.. Such action to remain in vogue until changed • Cost may be collected in advance.. Manner of estimating and fixing cost. Assessments after completion, when. Assessments, how collected.. • • • • • In re-assessments first plan may be employed... Council may regulate construction of branch pipes. May order branch pipes laid, when.. May require plats and surveys... Plats and surveys to be preserved by Engineer. Council may proceed to construct branch pipes. Shall assess property for branch pipe. Manner of making assessment.. • • • • • • • Special provisions for future excavations. Excavations for hydrants... Board of Water Commissioners Manner of appointment In case of vacancies.... Compensation of Commissioners. Meetings, quorums and powers of Board Board may appoint officers.. · • • • • • · · • • • • · · • • • D • • • Chap. Sec. 10 10 10 10 10 10 10 9 co co co LO 9 10 1 9 9 9 7 4 9 9 14 91 14 91 9 14 91 14 91 15 91 15 92 9 9 9 6 16 9 779 *A HQ) Q) Q2 Q1 Q2 62 mp on mo co co co co co co mo 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 1-ENNZ∞ 9 7. 4 9 9 9 9 9 9 9 9 9 9 9 9 9 9 17 8 8 8 00 00 00 00 66 8 9 9 8 103 8 8 103 103 9 9 9 9 4 1 1 2 2 2 3 3 3 3 3 3 3 3 9 · 5 5 3 5 5 9 5 5 5 9 5 9 5 9 5 Page. 5 92 102 102 102 102 9 5 85 85 85 86 86 86 9 5 86 5 86 9 9 87 9 7 87 88 88 88 9 8 88 7 7 5 85 9 7 94 9 7 69 89 60 69 69 82 82 83 83 83 83 83 83 83 83 83 83 83 83 84 84 84 84 85 85 85 85 85 85 I INDEX TO CITY CHARTER. 1103 WATER WORKS-Continued. Compensation of employes... Superintendent may be Secretary. Duties of Secretary and Superintendent. Water Works Fund SUBJECT. Orders, how drawn Bonds of appointees, etc. Assistant Secretary, duties, etc. Assistant Superintendent, duties, etc. Duties of City Comptroller... Claims to be audited by Comptroller. Meetings of the Board 88 88 89 89 89 89 9 89 9 89 9 9 89 9 9 89 9 10 89 9 10. 90 9 10 90 9 10 90 9 11 90 9 11 90 9 11 90 9 11 90 9 11 90 9 11 90 9 11. 90 9 11 91 9 11 91 9 12 91 9 13 91 91 9 13 9 14 91 Duty of Board to fix water rates. Board to fix date of collecting. Council may increase or decrease. 9 14 91 9 14 91 Board may make rules for enforcing provisions. 9 14 91 9 14 91 Rules concerning tapping mains, etc. Plumbers' licenses, revocation of.. Shutting off water of delinquents.. 9 14 91 9 14 91 • ▸ Owners of property responsible for rents. 9 15 91 9 15 92 9 17 92 9 17 92 9 17 92 Punishment for injury or interference. Willful damage of Water Works.. Excavations, raising gates, etc. Dumping garbage, penalty for same. Municipal Court to have jurisdiction. Not to apply to private sewers, when. Manner of acquiring grounds for.. Manner of acquiring water power. 9 17 92 9 17 92 10 1 94 10 1 94 1 94 Right to construct intake pipes, cribs, dams, reservoirs, etc. 10 WATER WORKS FUND- Defray expense of laying mains, when. Council to fix cost... Superintendent shall collect water rents. Rules and regulations Council to provide office furniture. Board may provide furniture, when. Board to determine size of water mains, etc. Council shall order mains.. Board may contract for laying mains. Board shall cause mains to be laid, when. Special assessments Board may lay mains in advance of collections. Comptroller to sign contracts... Contracts to be made when no funds. • • WELLS • • • • Sale of bonds.... Pump house repairs, etc. Expense of operating and maintaining. Water Works Fund... WEAPONS See Concealed Weapons. WEIGHERS AND GAUGERS- · • • ! • • • • · • • • Authority to regulate weight of bread. Authority to appoint a City Sealer.. To punish for fraud.. Authority to establish, etc. • • • • · • Rents to be kept in separate fund by Treasurer. Form of orders on fund.. Uses of the fund... Assessment collections, to be credited to. Appropriations from general fund, when. Hydrants Excess of assessment collections. .. • • • • • • • · Authority to appoint, regulate and compensate.. WEIGHTS AND MEASURES- • • · • · • • • • • • • 9 9 9 9 9 9 9 9 Chap. ∞ ∞ Sec. 9 9 9 9 cm — — a a 9 3 3. 9 9 444 83 83 89 89 89 9 89 9 9 9 9 9 11 90 9 12 91 9 13 91 9 13 91 Page. 4 5 47 10 10 10 5 5 45 46 4 5 46 4 5 45 1104 INDEX TO CITY CHARTER. WET LAND— Council may proceed against owners. Action to compel contribution... Joinder of parties defendant. Court shall make awards. Contribution not to exceed benefits. City to have judgment and execution, when. Council may abandon proceedings.. WHEELS- SUBJECT. WHARFS- Council power to provide, appoint Wharfmaster. To have power of police officer.. Duties to be designated by Council. Authority to construct and regulate. Authority to regulate charges.. WITNESSES- • • Width of tires WHISKY AND LIQUORS—See Liquors- Authority to inspect... WHISTLING OF LOCOMOTIVES- Authority to regulate or prohibit.. WIDENING STREETS-See Streets. WING DAMS-See Dams. • YEAR- Council may compel attendance. Not incompetent in city suit because inhabitant. WIRES-See Electric Wires and Underground Wires. WOMEN-See Fallen Women. WOOD-See Firewood- Authority to regulate sale.. To appoint person to superintend same. Authority to inspect...... WOODEN DRAINS-See Drainage. WOODEN SIDEWALKS— Council may prohibit construction. WOOD PILES— • • Offenders may be sentenced to.. Council may establish rules... Authority to designate location.. To compel removal of same. WORK-See City Work and Contract Work- Council may have all work and construction done by the day To be done under direction of Council. Council may designate officer to have charge of... WORK-HOUSE— • • Officers to make yearly inventories. Fiscal of City, to begin.. Special provision for 1889. · • · Chap. 86 9 86 9 6 86 9 6 86. 9 6 86 9 6 86 9 6 86. 3 22 3 22 3 4 4 4 4 4 11 → → Sec. 8 NNN LO LO ∞ ∞ ∞ 8 22 8 5 4 5 5 сл 5 cr cr c 444 10 10 10 10 5 4 4 44 10 10 5 5 5 5 7 11 70 5 10 10 10 5 5 5 4 7 4 7 Page. 3 30 7 5 57 36. 36, 36 46 46 48 46 44 40 117 45 45 46 49 49 75. 75 75. 50 50 38 56 56 INDEX TO MUNICIPAL COURT ACT. ABSENT JUROR- Penalty ACCOUNTS— Municipal Court ACT To establish Court. Amendment notes ACT AS ATTORNEY— ACTION- Clerk and Deputies forbidden.... Divorce Civil Criminal Equity Civil, how commenced • • • • Replevin Criminal, witness, fees in. To be transferred when title to real estate is involved. AFFIDAVIT— In attachment proceedings In action of replevin.... AMENDMENTS— • • To Court act, and notes. ANSWER- A Defendant to serve on plaintiff. Time of serving answer. APPEAL From taxation of cost.. Objection to be certified to.. Heard on the objections certified To Supreme Court.. APPOINTMENT— Clerk of Municipal Court.. Deputy Clerks ATTACHMENT- SUBJECT. .. · Process by Affidavit and bond Form of writ Service and proceedings • ATTORNEY- For plaintiff, may subscribe summons. AUDITOR-See County Auditor. • BAIL FORFEITED- To be paid to Minneapolis Bar Association... BALANCES OF DEPOSIT— Shall be paid city.... BALLOTS- For drawing jury • • • • • • • Sec. 13 138 S 133 ૭ 00 8 ON N N O 2 2 130 130 130 130 134 11 136 18 20 2 2 9 9 9 9 9 9 14 10 00 Page. 10 136 11 136 5 8 130 144 134 18 141 142 13 144 134 134 135 135 136 175 10 136 10 136 10 136 10 136 138 134 9 134 8 133 141 137 1106 INDEX TO MUNICIPAL COURT ACT. BAR ASSOCIATION OF MINNEAPOLIS- To receive forfeitures in Court for Law Library. To grant Judges free use of Library. BASTARDY— Proceedings in General statutes to apply BLANKS- Clerk to procure. 66 66 66 BOND- In attachment proceeding In action of replevin.... BOND TO CITY- Clerk For drawing juries.... • Forfeitures to be paid to Minneapolis Bar Association. Deputy Clerk BOX OR WHEEL- BREACH OF OFFICIAL DUTY— If Sheriff releases prisoner, when.. BY-LAWS OF CITY— Municipal Judge to execute. CALENDAR OF CAUSES- Clerk shall make Judge to direct arrangement. CASES- CAUSES- CHATTELS- Municipal Judge shall dispose of. Removed to Supreme Court.. CERTIFICATE- Of Clerk for jury attendance.. Filed with Auditor Execution may issue.. CHIEF OF POLICE- SUBJECT. P CITY COUNCIL— • Shall receive unpaid witness fees. Shall receive balances of deposit. No fees shall be charged against. CITY ATTORNEY— Shall make police detail.... Complaint against police officer, in default CHIEF MAGISTRATE— Of city, Municipal Judge.... CITY- CIVIL ACTIONS- Municipal Judge Special Judge CITY REGULATIONS- ·· To prosecute, when. May authorize pursuit of criminals CITY CLERK— Assist in drawing jurors. CITY TREASURER- • • • • Municipal Judge to execute. Receipts to be delivered to.. How commenced Advise and consent to appointment of Clerk.. Shall approve bond of Clerk.. Provide place for Court..... To consent to purchase of supplies, etc. CITY ELECTION- • · • • • • • • · ... • Proceedings same as in District Court. Executions • • · .. • • • • · • • • • • • • • • • · • • ∞ ∞ Sec. 8 133 133 17 17 20 20 22 142 22 143 10 136 11 136 10 00 00 5 131 133 134 8 13 8 134 12 12 7 132 7 14 13 13 15 19 19 7 18 18 18 21 19 13 10 10 2 a) 141 141 5 5 7 22 137 34 137 137 9 9 15 132 138 138 138 139 142 142 132 141 141 141 142 142 137 3 130 131 131 131 132 142 7 132 8 133 134 134 139 INDEX TO MUNICIPAL COURT ACT. 1107 CIVIL JURISDICTION— Municipal Court CIVIL TERMS— CLERK- # Municipal Court Authority for ↑ Appointment and removal.. Oath of office, bond, conditions. Shall sign processes May change forms. Keep records, etc. Have custody of books, etc. Powers vested in, etc. Act under direction of Judge. Taxation of costs. Receive fines, fees, etc. • • Keep detailed account of same. Deliver all monies to Treasurer. Certificates in appeal. 66 66 CC • SUBJECT. • • .. Make monthly report of finance. Shall pay forfeitures to Minneapolis Bar Association. • • • Make monthly report of commitments. Reports to County Auditor.. Orders for release of prisoners. • • • • May appoint or remove deputies. Shall not act as attorney.. Papers to be filed with.. Note or indorse fact of filing. Returns to be made to... • Drawing of jury. Jurors' certificates Collect jury fee in advance. Issue of summons. • Plaintiff, civil action, deposit of costs. Costs and disbursements Filing of affidavit of attachment. Issue of writ in replevin. Notice of trial... Shall make calendar. • • • • • • • · • • • • • • Shall make transcript of judgment. Shall not issue transcript, when. • 66 • · CLERK, DEPUTY-See Deputy Clerk. COLLECTION OF FEES— Clerk of Court.... COMMITMENTS TO COUNTY JAIL- Clerk shall report monthly. For default of bail. Under sentence • May make complaints in criminal cases. Conservator of the Peace... Record statement of offense. Shall enter plea Keep minutes of examination. Salary • · To collect and account for fees. Shall pay witnesses in criminal actions. Unpaid witness fees. Balances of deposits for costs. Fees may be demanded of clerk. Police officer to pay over gratuities to, etc. Duty to make complaint against officer.. To procure blanks, stationery, books, furniture, etc. (C 66 (6 (6 ** 66 · • • • .. • • • · · • • • • • · • • • • • • • • • • • • • & Sec. 9 N 10 2 5 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ 8 130 131 5 131 6 132 6 132 7 132 8 132 8 133 133 133 133 133 133 8 8 8 8 8 8 133 8 133 8 8 133 17 17 18 18 18 18 Page. 8 133 133 134 8 134 9 135 9 135 9 135 9 135 9 135 9 135 9 136 10 136 11 136 12 137 12 137 13 137 13 138 13 138 14 138 15 139 15 139 17 140 17 140 17 140 140 141 141 141 141 141 18 18 19 19 22 22 130 134 00 00 00 8 18 141 141 141 142 142 142 143 133 133 133 1108 INDEX TO MUNICIPAL COURT ACT. COMPENSATION- Jurors Judges and Clerks. Witnesses COMPLAINTS- • Municipal Court to hear.. Must be filed before service. Filing to be noted by Clerk In replevin In criminal cases. Clerk COSTS- • Formal complaints not necessary, when. Violation of ordinances, form.. Against police officers, when fees not paid over. CONSERVATOR OF PEACE- Municipal Judge Clerk shall tax. Court to require security. Allowed prevailing party in action. Allowed plaintiff, when Allowed defendant, when Time for taxation.. Appeal from taxation. Unclaimed deposits • • • • Warrant for jurors' fees. COUNTY OF HENNEPIN Jurisdiction of Court. • • SUBJECT. DEFENDANT- COUNTY- No fees shall be charged against... COUNTY ATTORNEY- Warrants for jurors' fees. COURT--See Municipal Court- Act Judge to have power of. CRIMINALS- CRIMINAL ACTION • • May authorize pursuit of criminals. To prosecute, when.. COUNTY AUDITOR— Pursuit of, how directed. Rewards, when Examinations Complaints Witness fees CRIMINAL JURISDICTION- Municipal Court CRIMINAL LAWS- · • COUNTY JAIL, COMMITMENTS-See Commitments. COUNTY TREASURER— Amendments COURT, DISTRICT-See District Court. COURT OF RECORD— Municipal Court • • • · • • Municipal Judge to execute. CRIMINAL PROCEEDINGS- City Attorney to prosecute County Attorney to prosecute. DEBTOR, JUDGMENT— Execution against • • Summons to be directed to. Required to answer complaint.. Serve copy on persons subscribing summons. To be allowed costs, when.... • • • · • • • • · • • • • • • • · Sec. 13 18 18 + 2 9 9 11 17 17 17 19 4 17 00 18 19 21 8 133 9 135 9 135 9 135 9 135 9 135 9 135 18 141 −− o 22 13 138 2 130 13 138 021-∞ 17 18 Page. 0! 138 141 141 2 130 135 135 136 140 140 140 142 130 4 131 19 142 19 142 7 131 140 21 21 141 142 142 a a a 9 130 144 130 140 141 130 132 15 139 142 142 9 134 134 9 134 9 135 INDEX TO MUNICIPAL COURT ACT. 1109 DEMURRER— Time for DEPOSITS FOR COSTS— Balances to be paid city. DEPUTY CLERKS Clerk may appoint, when. Judge to sanction Clerk to be responsible. Manner of appointment. Shall take oath of office. Clerk shall tax... Time for taxation.. In detail and verified. DISCHARGE Clerk DOCKET- May administer oaths. May take acknowledgments. May perform all duties of Clerk. Compensation DETECTIVES— May keep fees and rewards, when. DISBURSEMENTS— Municipal Judge Special Judge EQUITY ACTIONS- No jurisdiction EXAMINATIONS- In criminal cases Indictable offenses EXECUTION— · FEES- Deputy Clerks Prisoners from jail. DISCLOSURE— Of garnishee DISPOSITION— Of moneys by Clerk at end of term... DISTRICT COURT- Transfer to, of real estate title cases.. Judge may act, when.. DIVORCE- No jurisdiction • • Not to issue, when. Of judgment · • • • • • • • Transcript of judgment... DRAWING JURORS- Manner, time and place.... EFFECT SUBJECT. • Removal of causes to Supreme Court.. ELECTIONS- May issue against goods, etc. When returnable • Clerk of Court shall account for. Jury fees to be paid in advance. Clerk to collect.. · • • • • • • • Same as in District Court.. Police officer shall not serve process, when. To be paid to City Treasurer. Witnesses in criminal actions. Unpaid witness fees... Shall not be charged against city, county or state Police officers not entitled to. Failure of officer to return.. Duty of officers to report fact. · • • ·· • · • • · • • • • • • 18 Sec. 00 00 00 00 00 00 00 00 8 134 8 18 8 134 19 8 134 8 ∞ a a 8 134 8 134 9 8 134 8 134 134 141 9 го со со 5 Page. + 134 141 00 13 14 34 16 140 8 5 132 20 142 20 142 2 130 15 15 15 15 142 15 139 133 135 135 131 134 133 2 130 137 130 17 140 138 130 131 133 13 138 18 141 18 141 18 141 18 141 139 139 140 139 18 141 18 141 18 141 19 142 19 142 19 142 1110 INDEX TO MUNICIPAL COURT ACT. FEES Continued. Penalty May be paid to officer, when. FINANCES AND ACCOUNTS- Municipal Court FINES- Clerk shall receive and pay to Treasurer. If remitted, prisoners to be released.. FORCIBLE ENTRIES AND UNLAWFUL DETAINERS- Return days ... General statutes applicable Summons FORFEITED BAIL- Paid to Minneapolis Bar Association. FORMS- Process, Court may prescribe. Shall be valid, when. May be changed by Court Writ of attachment.. Writ of replevin. • FORMAL COMPLAINTS— Not necessary, when.. FUEL- GOODS- Summons, forcible entry, etc. Complaints, in criminal cases. Warrants Apply to Court.. GENERAL POWERS Of Municipal Judge. GENERAL STATUTES- • · • · SUBJECT. • Clerk to provide.. FUNCTIONS OF MUNICIPAL JUDGE District Judge may exercise. FURNITURE— Clerk to procure. GARNISHMENTS- Proceedings in .. Service of summons. Disclosures GENERAL CITY ELECTION Municipal Judges Special Judge GENERAL LAWS- • Execution may issue. INJUNCTION- • · Prescribe Judges' oath.. Supreme Court reports. Applicable in bastaruy cases. Cannot issue writ.. • • • · "GUILTY" OR "NOT GUILTY" Plea of defendants.. HABEAS CORPUS- Court cannot issue writ. • • GOVERNOR- Appoint Municipal Judge, when.. GRATUITIES- Police officer to account for. Failure to turn over, a misdemeanor. Penalties • • • • • · HENNEPIN COUNTY— Jurisdiction of Municipal Court.... HENNEPIN COUNTY JAIL-See County Jail. INDICTABLE OFFENSES- Examinations · • • • • • • • • • Sec. 19 19 8 со 14 14 14 8 133 8 133 6 6 6 10 11 14 17 17 17 8 133 20 16 16 16 14 30 ૧૭ 22 143 4 15 Page. 22 143 3 142 142 133 6 138 138 139 2 17 132 132 132 136 136 139 140 140 6 140 142 4 131 14 138 17 141 140 140 140 130 131 130 131 19 142 19 142 19 142 17 140 139 131 132 130 140 132 INDEX TO MUNICIPAL COURT ACT. 1111 JUDGE, MUNICIPAL See Municipal Court- How elected, term of office, style of office, vacancy, etc. 66 66 66 6. 66 66 Qualifications and general powers. May administer oaths. Take and certify acknowledgments. Power as Conservator of Peace. May appoint or remove Clerk. Processes tested in name of. Chief Magistrate of City. See that laws and ordinances are executed. • • JURORS- Shall open Court every morning. Hear and dispose of cases. Supervise records of Court.. • Compensation • • JURY TRIALS— · SUBJECT. • • • • • • • May appoint in absence of Clerk. Shall review taxation of costs, etc. Free access to law library. May remit fines, suspend sentences. May sanction appointment of Deputy Clerks. May remove Deputy Clerk.. Shall approve bonds in attachment. Direct arrangement of calendar. Duty in selecting jurors.. Motion for new trial.. Requirements of garnishee summons Complaints in criminal cases. A Conservator of the Peace. Salary In absence or sickness. May request District Judge to serve. Direct purchase of furniture, supplies, etc. JUDGE SPECIAL- Election of Compensation JUDGE OF DISTRICT COURT- May act, when. JUDGMENT— · Execution to issue against. JURISDICTION— JURY- Manner of drawing.. JURY FEE— To be paid in advance. ... Manner of drawing.. Time and place of drawing. Qualifications To serve three months. Penalty for absence. Three series to be drawn. 66 66 66 66 • · · Not a lien on real estate, when. Lien against real estate, when.. Execution not to issue, when.. JUDGMENT DEBTOR— • • • • · • • • • • • • • • Municipal Court Co-extensive with Hennepin County • • • • • • · • • · • • • • • • • • Conducted as in District Court General laws applicable.... JURY TRIAL— Considered to be waived.. JUSTICE OF THE PEACE-See City Justices- Jurisdiction of Municipal Court. • • • • • • · a · • • • • · • • • • • • • • • • · • • CAPAA co co Sec. 3 130 131 4 131 4 131 131 131 131 132 132 132 132 132 132 132 6 7 7 1- не го со со оо оо со оо 7 7 7 8 8 133 133 134 20 22 134 10 136 12 137 13 137 14 138 16 140 17 140 17 140 18 141 20 142 142 142 20 Page. 4 131 18 141 133 15 139 15 139 15 140 13 15 139 13 2 130 2 130 13 13 142 13 137 13 137 13 137 137 13 13 138 13 137 13 138 13 138 2 137 138 137 137 13 138 130 1112 INDEX TO MUNICIPAL COURT ACT. JURYMEN— To serve three months. LAWS General, apply to Court.... Of State, Municipal Judge to execute. LEGAL VOTERS- Qualification of jurors. LIEN- LIGHTS Judgments rendered Against real estate, when. Clerks to procure. A • LIMIT- MANNER— Of service of summons. MANDATES OF COURT— Police officer to obey.. MANDAMUS- Court cannot issue writ. MAYOR- Assist in drawing jurors. Shall make police detail. MILEAGE AND PER DIEM MISDEMEANOR- • • • Jurors MINNEAPOLIS BAR ASSOCIATION May be heard MUNICIPAL COURT- To receive forfeitures in Court for library. To grant Judges free use of library. MINUTES-See Stenographic Reporter- Of pleadings Of notes of issue.. MONTHLY REPORT- Clerk of Court.. MOTION FOR NEW TRIAL- M SUBJECT. Municipal Court proceedings. Of Judge, motions for new trial. Of Reporter motion for new trial. Examinations • ·· Failure of officer to account. Penalty MODIFICATIONS- • • • • • Established Court of record. Shall have Clerk and seal... Civil and criminal jurisdiction. No jurisdiction in divorce action. No jurisdiction in equity. Vested with District Court powers. General laws apply • Qualification of Judges. Judges to take oath. Special Judge Election and powers, vacancies. Judge shall appoint Clerk. City Council to give consent. Power to remove Clerk. City Council may remove. Clerk to take oath of office. Clerk's bond to city.... Jurisdiction throughout county Municipal judges Election of Judges, term of office, vacancies. (C (6 (6 66 << (C • • • • • • • • • • CC • • • • · • • Sec. 13 2 7 13 15 15 9 19 6 13 19 22 143 13 со оо 9 12 8 ON N N N N N N N M MM++ + + 10 10 10 10 10 10 2 8 133 2 8 133 2 8 133 14 138 14 138 17 141 2 19 142 19 142 2 2 2 2 Page. 2 137 14 138 3 130 132 3 137 139 139 130 130 130 130 130 130 130 130 130 130 130 3 131 134 142 5 132 5 137 142 138 5 5 135 137 4 131 133 4 131 4 131 4 131 131 131 5 131 131 131 131 INDEX TO MUNICIPAL COURT ACT. 1113 MUNICIPAL COURT-Continued. Bond to be approved by Council. Condition of bond Authority to issue processes Powers of courts of record. No jurisdiction, when Forms of process In absence of prescribed forms. Process, how directed. Place of holding court. Duties of Judge. Opening Court Hearing and disposal of cases Summary proceedings Duties and powers of Clerk. (( 60 66 66 66 • • 66 • • • Costs and disbursements.... 66 66 • • • In case of absence of Clerk.. Minutes, judgments and records. SUBJECT. • • • Fines, penalties, fees, etc. Money to be paid to Treasurer. • • • Appointment of Deputies. Deputies' oath and bond. Power of Deputies..... Regular civil terms, special terms • • • • · • Civil actions Service of summons Plaintiff must subscribe. Nature of summons. Proceedings same as District Court. Time for demurrer and reply... Complaint to be filed before service, when. Clerk to note filing.... Police officer to serve and return Pleadings as in District Court.. Plaintiff to give security for costs. Allowances of costs. • • Notices of trial Calendar of causes Order of trial Jury trials General laws applicable Jury, how selected Jury to serve three months. Clerk to draw jury for trials. · Taxation of costs and disbursements Disbursements in detail and verified. Objections and appeals, and hearings. 66 CC CC 66 "" • • • • · Forfeited bail, etc., support of Minneapolis Bar Association. 8 133 Judges to have free use of library. Monthly report of commitments. Reports to County Auditor.. Release of prisoners. Responsibility of Sheriff.. Deputy Clerks ·· • • Affidavit in attachment, process, bond and limit. Writ of attachment, form of. Attachment proceedings Replevin Affidavit in replevin, bond and conditions. Action on bond Form of writ of replevin. 66 CC (C ** • • • • · • • • • • · · • • • • • • → σ & Sec. 6 6 6 6 6 7 7 131 131 132 132 132 132 132 132 132 132 7 132 co co co ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞0 ~ ~} ~} ~] 7 7 132 132 132 8 133 8 8 8 132 133 133 135 8 133 8 8 Page. 8 133 8 133 8 133 8 8 133 133 134 134 8 134 8 8 8 134 8 134 9 134 9 134 9 134 9 134 9 134 9 134 9 134 9 135 9 135 9 135 9 135 9 135 9 135 9 135 9 135 9 135 9 136 10 136 10 136 10 136 11 136 11 136 11 136 11 136 11 137 12 137 12 137 12 137 13 137 13 13 13 13 137 137 137 137 1114 INDEX TO MUNICIPAL COURT ACT. MUNICIPAL COURT-Continued. Penalty for neglect to serve. Special venire Jurors not to serve again. Compensation of jurors. Jurors' certificates Auditor's warrants •• Jury fee to be advanced. Jury waived, when Juror summoned, to be paid. • • • Supreme Court reports.... Removal of causes to Supreme Court. Motion for new trial.. Forcible entrance and unlawful detainers. General statutes to apply, form of summons. Judgment not a lien, until. Writs of execution... • • • Transcript of judgment. To be filed in District Court. Judgment a lien on real estate Judgment executed, when... Transcript not to issue, when. New transcript may be given. Garnishment proceedings Garnishee summons Service and return • • · MUNICIPAL COURT- SUBJECT. • • · · Amendments and notes. Rules of practice. Disclosure of garnishee.. Complaints in criminal cases. Clerk or Judge to issue warrants Form of complaints... Court may direct formal complaint. When offenders shall be in custody Plea of defendant.. In case of failure to plead.. Examinations in indictable offences. Clerk shall keep minutes... • • • • • • • • Witness fees, criminal actions. Unpaid witness fees.. Balance of deposits for costs Fees, if subsequently paid. No fees against city, etc. Police detail Police officer to pay over gratuities. Penalty for failure to pay over. • · ► • · • • • Bastardy proceedings, General Statutes to apply. Salaries of Judges... Salaries of Clerks and Judges. Judges nor Clerks to receive other compensation. Police to serve process. Fees for service.. • • • • • • • · • • • · • • • • • • · • • • • • • • • Blanks, stationery, records, furniture, light and chase of Inconsistent acts repealed. · • • · · • • · • • + • • • · • • • · • • • • • • • • • • • Duty of Chief and Clerk in case of failure. Officers may retain fees and rewards, when. • • County or City Attorney to authorize pursuit of criminal. District Judge may act, when. Real estate title proceeding. City and County Attorney to prosecute.. Blanks, stationery, records, furniture, light and fuel, pur- chase of fuel, pur- • • • • • • • • T • • • • Sec. 13 13 13 13 13 13 13 13 13 14 14 14 14 14 15 17 18 18 18 18 age. 138 138 138 139 15 139 15 139 15 139 15 139 15 139 15 139 15 140 16 140 16 140 16 140 16 140 17 140 17 140 17 140 17 140 17 140 17 140 17 140 17 140 17 141 141 141 141 141 141 18 18 18 138 138 138 138 138 138 138 138 138 138 138 141 141 141 18 141 18 141 18 141 19 142 19 142 19 142 19 142 19 142 19 142 20 142 20 142 21 142 22 142 22 143 23 143 144 146 INDEX TO MUNICIPAL COURT ACT. 1115 NE EXEAT- NEGLIGENCE- Court cannot issue writ... Of jurors, penalty. NEW TRIAL- Motion for "NOT GUILTY”. Plea, when Sa p NOTES • • NOTARY PUBLIC- NOTICE- Powers vested in Clerk... Of issue filed with Clerk.. Subject to modifications.. Amendments to court act. Judge may administer.. Clerk to administer. Of taxation of costs.. Of trial served as in District Court. To defendant, garnishment proceedings. OATH- Deputy to administer. SUBJECT. OATH OF OFFICE- Judges Prescribed by general statutes. Clerk Deputy Clerk · Pursuit of Reward for capture. OFFENCES- OBJECTIONS— Grounds to be stated in writing.. OFFENDERS— When in custody.. Arraigned without process Plea Failure to plead. Examinations 66 To be entered on records.. OFFICIAL DUTY- Breach of, by Sheriff.. OPEN COURT- Duty of Judge, daily.. ORDER- Police officer to preserve. ORDER OF TRIALS- To be directed by Judge.. ORDINANCES- Judge to execute. • • · • • • • O PAPERS- Police officers shall serve. PENALTY- Jurors neglecting to attend.. Police officers withholding fees PER DIEM AND MILEAGE— Jurors attending to receive.. PERSONAL PROPERTY— Recovery by replevin. PERSONAL SERVICE Garnishee summons PLAINTIFF- Or Attorney, must subscribe summons. To be allowed costs, when... Requirements in action of replevin • • • • • • • ·· • • • • • • • • · • Sec. 6 13 14 17 12 12 +4∞∞ 8 8 8 133 10 00 S 9 135 12 137 16 140 17 19 19 4 131 4 131 5 7 19 12 Page. 7 132 9 135 18 138 17 140 17 140 17 140 17 140 17 140 141 142 142 13 19 138 13 140 17 140 11 S 134 16 137 137 144 131 133 134 131 134 132 142 137 132 141 138 142 138 136 140 9 134 9 135 11 136 1116 INDEX TO MUNICIPAL COURT ACT. PLEA- "Guilty" or "Not Guilty". PLEADING IN CIVIL ACTION- Same as in District Court... 66 66 << 66 Subject to modifications 66 66 66 POLICE OFFICERS- Not to serve process, when. To make return to Clerk.... State reason of failure to serve. To serve papers.. Note and return fees, etc. Sufficient number in attendance. · • Obey mandates of court. Preserve order Not to retain fees and rewards, when. May retain fees and rewards, when. POWERS- Court, same as District Court Municipal Judge Municipal Court. Clerk Deputy Clerks. PRESERVE ORDER- • Attachment cases Replevin cases Against garnishee Bastardy cases PROCESS- • • 66 A — Claddag Duty of Police Officers. PRESIDENT OF COUNCIL- To draw jurors in absence of Mayor. PREVAILING PARTY- In action, allowed costs... PRISONERS- • SUBJECT. · • • Committed in default of bail. Committed under sentence.. How released after commitment. PROCEEDINGS— Civil actions, same as in District Court. • Court may prescribe form. In absence of form.. How directed for service. How tested, issued, and directed. Attachment Police officers shall serve. PROHIBITION— Court not to issue writ.. PROSECUTIONS— Duty of City Attorney. Duty of County Attorney. PURSUIT OF CRIMINALS- • QUALIFICATIONS— Of Municipal Judges. Jurors QUALIFIED ELECTORS— To elect Municipal Judge. To elect Special Judge... QUO-WARRANTO- Court cannot issue writ. • • • • • • • • · • City or County Attorney may authorize.. Reward of officers and detectives... · → • • • • Sec. 17 9 9 9 9 2 9 135 9 135 9 135 18 141 18 141 19 142 OI H ∞ ∞ ∞ 19 142 19 142 19 142 19 142 4 6 8 8 19 13 9 8 00 00 00 9 10 11 16 17 Page. 6 6 6 6 10 18 140 6 134 135 134 135 21 21 133 8 133 4 13 130 131 132 133 134 8 133 142 137 135 134 136 136 140 141 132 132 132 132 136 141 132 142 142 19 142 19 142 131 137 3 130 4 131 6 132 INDEX TO MUNICIPAL COURT ACT. 1117 REAL ESTATE— RECORD- Judgment not a lien, when... Judgment a lien, when.. When title is involved. REMOVAL- Of Clerk Court proceedings Of offenses, in lieu of complaint. Clerk to procure books for. 66 "C 6 66 (6 REPLY- Time for REPORTS— • .. RECOVERY OF PERSONAL PROPERTY Action in replevin.. REGULAR CIVIL TERM- Municipal Court... REGULATIONS OF CITY Municipal Judge to execute. RELEASE OF PRISONERS— When fine is remitted.. When fine is paid.... When sentence is suspended. Manner of release.. M • SUBJECT. • • • • da M Of causes to Supreme Court. Proceedings same as in District Court. REPLEVIN—- Plaintiff's complaint in writing. Affidavit required Bond and conditions. • Officers may receive, when. RULES OF PRACTICE- In Municipal Court Of Clerk • Of commitments to County Jail. To County Auditor Of Supreme Court, application of statutes. RETURN DAYS- Forcible entry and unlawful detainers. General Statutes applicable………. REWARD- Police officers not to retain. Failure to turn over a misdemeanor. Penalty • SALARIES— Judges, Clerks and deputies... No other compensation SEAL- Of Court .. Process issued under. SECURITY- For costs to be required. SENTENCE SUSPENDED— Prisoner to be released.. SERVICE- Of Process • • • • • • • · Complaint must be filed before, when. Filing to be noted by Clerk. Police officer to make return. Jurors to be compensated for. SHERIFF- Held accountable for prisoners. Breach of official duty, if……. • • • • • • • : • · • · • • • • Sec. 15 15 20 11 9 7 132 17 140 22 142 22 143 7 8 со со оо оо 8 8 8 5 14 14 11 11 11 со оо со 8 14 14 14 26 Page. 9 139 139 142 9 135 8 00 133 8 133 133 138 136 134 13 132 133 133 133 133 131 138 138 19 142 19 142 19 142 19 142 136 136 136 18 141 18 141 138 138 146 130 132 135 133 6 132 9 135 9 135 9 135 138 S 134 8 134 1118 INDEX TO MUNICIPAL COURT ACT. SPECIAL JUDGE-See Judge- Manner of election.. Term of office.... Powers and duties. Qualifications Salary SUMMONS- • SPECIAL TERMS— Municipal Court. SPECIAL VENIRE— Court may issue. STATE— No fees to be charged against. STATUTES- Prescribe oath of Judges. Applicable in bastardy cases. SUMMARY PROCEEDINGS- Municipal Court Service in civil action. 66 6. • • Plaintiff or attorney must subscribe. Must be directed to defendant. Forcible entry and unlawful detainer. Form of summons In garnishment proceedings. Requirements Returnable Notice to defendant. SUPPLIES- Court to procure. 66 66 66 66 · SUPREME COURT- Reports of to be furnished. Causes may be removed to.. SURETIES-See Bonds. SWEARING WITNESSES- Power of Clerk.. TERM OF COURT- For civil actions. TERM OF OFFICE-- Municipal Judge Special Judge Clerk ·· • Deputy Clerk TITLE OF REAL ESTATE When involved TRANSCRIPTS— • SUBJECT. · Ma Of judgment to be filed.... Of judgment may be issued anew. Clerk shall issue.. To be filed and docketed. Not to be issued, when. TRANSFER OF PROCEEDINGS— To District Court, when.... TRIALS- • · • • • • • • Criminal cases Judge to direct the order of. Notice of served as in District Court. By jury Conducted as in District Court. UNLAWFUL DETAINERS- Return days General statutes applicable Summons • • • · • • • · • • • • • • • • • • • ... • • · · • • • • • • • • • • • • • ++++ Sec. 4 131 131 131 131 141 18 9 134 13 138 18 7 4 131 17 141 9 9 9 9 14 14 16 16 16 16 22 22 8 Со 9 3 HID 00 14 138 14 138 Page. 4 5 20 141 20 2 १७ १७ 132 130 131 131 8 134 134 135 134 · 134 138 139 140 140 140 140 142 143 133 134 15 139 15 140 15 139 15 139 139 15 142 142 130 12 137 12 137 13 137 13 137 14 138 14 138 14 139 INDEX TO MUNICIPAL COURT ACT. 1119 UNPAID WITNESS FEES- Shall be paid to city. May be subsequently claimed. VACANCY IN OFFICE- VENIRE, SPECIAL- Court may issue... VIOLATIONS— Governor shall appoint Municipal Judge. Same, Special Judge Judge to appoint Clerk. Clerk to appoint Deputy • WRIT • K Criminal laws of State.. Ordinances Regulations and by-laws. Or Ordinances, complaint VOUCHER— For issuance of warrants. WAIVED— Jury trial, when WARRANTS, CRIMINAL— Clerk may issue. Form WARRANT ON COUNTY TREASURER For jurors' fees WHEEL, OR BOX- For drawing jurors. WITNESSES— • • • • • • Clerk to administer oath.. Clerk shall account for fees of. Clerk shall pay over fees of.. • • SUBJECT. RULES OF PRACTICE— Habeas corpus, Court cannot issue. Ne exeat, Court cannot issue. Prohibition, Court cannot issue. Quo warranto, Court cannot issue. Attachment, manner of procedure. Bond and limit Form of writ • · Of the Municipal Court. • • • • D Service and proceedings. Replevin to recover personal property. • Form of writ.. Execution issued against goods, etc. When returnable • · • • . • • • • • • · COURT REPORTER. JUDGES OF MUNICIPAL COURT- May appoint Reporter, when and how. To require short-hand records... Removal of Reporter, vacancies. REPORTER- To keep record in short-hand. Salary and fees... Discharge from office, vacancy. • • • • • • • • • • Sec. 18 141 18 141 3410 00 3 131 8 13 5 131 134 77 17 13 13 Page. 132 132 7 132 140 13 13 131 138 414 17 140 17 140 138 138 138 137 S 133 18 141 18 141 132 132 132 132 136 6 6 6 6 10 10 136 10 136 10 136 11 136 11 137 15 139 15 139 146 149 149 149 2 149 149 3 4 149 INDEX TO SPECIAL ACTS. Bread Inspector Cemeteries Contingent fund for Mayor. Police Relief Association. Tax collections-monthly settlements. Witness fees ACT- T INDEX TO BOARD ACTS. BOARD OF CHARITIES AND CORRECTIONS. ALMS HOUSE- • Inconsistent acts repealed. To take effect. ASSISTANCE— Board to have charge of... • Superintendent of Poor to investigate applications for..... BOARD OF CHARITIES AND CORRECTIONS- To be a department... To be composed of.... Mayor to be ex-officio member. Commissioners appointed by Mayor. Term of office of.. • • Shall have control, etc., of charities, poor, etc. Shall have management of almshouse, hospitals and workhouses To execute laws To elect a president. To elect a Superintendent of Poor. Superintendent of Poor to act as Secretary of. To elect City Physician No other to be employed.. CITY COUNCIL- • Board to have control of... To elect Superintendent of Workhouse. Shall have power to employ necessary help. Shall have power to fix salaries. Shall have power to make rules. To report to Council amount necessary. To complete and equip City Hospital... CHARITIES- To pass necessary ordinances. To fix levy. • • · • • To provide funds CITY HOSPITAL- Board to complete and equip……. CITY PHYSICIAN- Board to elect... • ·· • • • • • • • • To be elected biennially To be elected bi-ennially To act as physician and surgeon for all departments. • • • • • Sec. 10 11 H∞ ∞ al al m 00 03 10 10 CO 1 2 3 158 2 5 158 2 2 3 4 2- 00:00 ∞ ✪ ✪ 7 8 Page. 151 152 154 155 8 • 158 158 5 158 9 156 150 3 Page. 5 158 9 9 9 159 159 6 158 9 6 158 158 8 159 159 159 9 159 159 6 6 6 6 157 157 157 157 157 158 158 158 159 159 159 159 158 158 158 158 INDEX TO BOARD ACTS. 1121 CITY PHYSICIAN-Continued. No other physician to be employed... Assistant, may be selected by, when. Not removed without cause. COMMISSIONERS- Board to be under control of. To be appointed by Mayor... CONTROL- DUTIES- Board to be under, of Commissioners. Board to have, over charities, poor, etc. DEPARTMENT- Of corrections and charities. Establishment of Composition of FUNDS- HELP- Of Superintendent of Poor. Of City Physician Of Superintendent of Workhouse. LAWS CHARITIES AND CORRECTIONS. LEVY- - City Council to provide.. How paid out.... MAYOR- K • • Board to have power to employ.... Board to have power to fix salary of... HOSPITALS- Board to have charge of. Board to execute... City Council to fix.. POOR- How paid out.. ORDINANCES- • Board to execute City Council to pass. To be ex-officio member of Board.. To appoint Commissioners... May employ assistant physicians and surgeons, when. MONEYS Board may make... SALARY- • Board to have control of.. PRESIDENT— To be elected biennially. To be member of Board. RULES- ·· • • Of superintendent of Poor... Of City Physician Of Superintendent of Workhouse. Board to have power to fix all………. • • SUPERINTENDENT OF POOR- • • • To be elected biennially. Salary of To investigate applications for assistance. To act as Secretary of Board.. Not removed without cause.. SUPERINTENDENT OF WORKHOUSE- To be elected biennially. Salary of Duties of Not removed without cause. TERMS- Of office of first Commissioners. WORKHOUSE- Board to have charge of.. • • • • • D • • • aσ Sec. 158 158 9 158 2 157 2 157 2 2 157 3 158 1 157 1 157 1 157 Jack pad 1567 158 6 158 158 7 9 159 9 159 8 со со 159 8 159 3 158 3 158 9 22 22 6 9 3 158 9 159 5678 3 158 4 158 4 158 8 159 10 10 10 10 a 5 158 5 5 5 8 159 9 NNN a 159 5 158 158 158 158 159 7 157 157 158 7 159 7 9 2 19 158 158 158 158 158 159 157 3 158 1122 INDEX TO BOARD ACTS. ADVICE- Commissioner of Health to give Mayor and other city officers.. ANIMALS-See Dead Animals. BIRTHS BOAT- Department to keep record of. May be quarantined Persons in charge of, to assist Health Officer. Shall not leave quarantine without permit.. Department may capture and return to quarantine. Owner liable for expense Under proclamation, not to enter city BOND- DEPARTMENT OF HEALTH. CAR-. Of Commissioner of Health.. Of Medical and Sanitary Inspectors. CEMETERIES- • • CHIEF OF POLICE- • BUILDINGS— Department of Health may order to be cleaned. Jurisdiction of City to extend to.. CITY COUNCIL— May be quarantined.. Persons in charge, to assist Health Officer. Shall not leave quarantine without permit. Department may capture and return to quarantine. Owner liable for expense.... Under proclamation, not to enter city. To enforce orders of Department... CITY ATTORNEY— To act in suits for or against Department. To be legal adviser of Department... • To approve bond of Inspectors.. To fix salaries of Inspectors.. To appoint Commissioner of Health.. To approve bond of Commissioner of Health COMMISSIONER OF HEALTH— To approve removal of employes. To audit and allow salaries.. City Council to appoint.. Term of office of... · To be executive officer of Department. Duties of Orders issued in name of.. · •► • • · • * • • · • • • • • • • • To give Mayor and other city officers advice. To investigate contagious diseases. To enforce laws relating to health. Authority to enter premises. To remove dead animals. Notice to owner to abate nuisance... To abate nuisance when owner is unknown. To examine persons with infectious diseases. To remove same to hospitals.. To provide same with medical attendance. To post notice of infectious disease. To inspect City and report action necessary To make annual report...... COMPENSATION— Of medical and sanitary Inspectors fixed by City Council.... Of quarantine physicians • • • • • • • • • • • • • • • · • • • • · • • ∞ Sec. 32 4 5 18 164 164 20 24 165 24 165 24 165 28 166 24 28 41 36 168 47 18 164 20 164 24 165 24 165 Q HIN 10 7 7 2 4 5 5 77 35 167 46 169 27 N N N 0 11 00 00 2 2 Page. 162 3 167 7 8 9 9 161 161 5 26 165 166 169 170 2 161 161 162 162 8 162 162 162 161 161 161 161 161 166 161 161 9 162 10 162 10 162 12 162 12 163 12 163 13 163 30 167 44 169 161 166 INDEX TO BOARD ACTS. 1123 CONVEYANCE— May be quarantined Persons in charge of to assist Health Officer. Shall not leave quarantine without permit….. Department may capture and return to quarantine. Owner liable for expense Under proclamation, not to enter city Mga DEPARTMENT OF HEALTH. • DEATHS- • CONTAGIOUS DISEASES— Commissioner to investigate. Examination of persons with Removal of persons with Notice of to be posted. No person with, to enter city. Physicians to report to Department. CORONER- To report to Department of Health. DEPARTMENT OF HEALTH- To be an executive department. Composition of Commissioner of Health to be executive officer of. Powers of To increase force To remove subordinates To recover expense, how To have charge of quarantine hospitals. To employ assistants and nurses for To provide furniture, nourishment, fuel, etc., for. To take measures for preservation of health.. To take measures to prevent spread of small pox. To issue order requiring all persons to be vaccinated. To cause houses or premises to be cleaned and disinfected. May quarantine boats, cars, etc. May send out proclamation and regulations of quarantine. May issue proclamation forbidding emigrants, etc., to enter city • • ► • May appoint quarantine physicians. May employ other assistance. • • • • • • • May capture and return boat, car, etc., to quarantine May arrest and return emigrants to quarantine. May make rules for quarantine... • • • • D • · • • Moneys appropriated to, how applied. To select and buy sites for quarantine and erect buildings. To keep record To keep record of births and deaths. To keep supply of vaccine virus. To order buildings, etc., to be cleaned. To order streets to be cleaned. To enforce all state laws.. To require reports from hospitals, etc. To require reports from theatres, etc. To require reports from coroner.... To require reports from physicians of contagious diseases. To make rules for interment of dead bodies. Proceedings of to be evidence. Orders, etc., of to be prima facie. Jurisdiction of to extend to all lakes in Hennepin County Employes, duties of City Attorney to be legal adviser of Chief of Police to enforce orders of Street Commissioners and Police rules of Department to keep record of. to • • • • • • • · • • report violation • • • • · • • • · • • of ~~~~~~Sec. 24 28 164 18 20 164 24 165 24 165 - pod 8 W N N 00 162 12 162 38 12 163 13 163 28 166 39 168 112 co co co CJ 10 10 10 10 10 Page. 5 6 77 11 165 166 25 168 161 162 14 163 14 163 14 163 15 163 16 163 16 163 17 163 18 164 164 19 161 161 161 161 161 22 165 24 165 24 165 165 26 166 26 166 29 166 31 167 32 167 32 167 33 167 36 168 36 168 37 168 37 168 37 168 38 168 39 168 40 169 42 169 42 169 43 169 45 169 46 169 47 170 48 170 32 167 1124 INDEX TO BOARD ACTS. DEAD BODIES— Department to make rules for interment of.. None buried or exhumed without permit. DEAD ANIMALS- Commissioner to cause to be removed.. EMPLOYES- Duties of EMIGRANTS- EXPENSE-- Recovered, how Of medical attendance paid by City, when. Persons to pay, when able. Paid from what fund.. Of State laws EVIDENCE- DEPARTMENT OF HEALTH. Prohibited from entering city, when..... Department may arrest and return to quarantine. ENFORCEMENT- • • Department to nominate.... Two medical and five sanitary. Salary of, fixed by City Council. Duties of To have Police powers. NUISANCE- Proceedings of Department to be presumptive. INSPECTORS— NOTICE- • • INTERMENT- Of dead bodies, Department to make rules for……… JURISDICTION- Of city to extend to cemeteries. Of department to extend to all lakes in Hennepin County. MONEY- Appropriated to Department, how applied Owner to abate.... To owner to abate nuisance. Need not state manner.. Of infectious diseases, to be posted. • D • Penalty for removal or defacing of. Occupant responsible for... • • · · PUBLIC HEALTH- Commissioner to have control of all matters pertaining to. Commissioner to give advice relating to. • Commissioner to enforce laws relating to... Department to take measures for preservation of. POLICE POWERS- Sanitary and Medical Inspector to have... PENALTY For neglect or refusal to comply with order.... For removal or defacing of notice of infectious disease. For violation of any provision of act. QUARANTINE— Department may quarantine boats, cars, etc.. Department may establish sites for... Proclamation and regulations of. • • .. Physicians in charge to examine boats, cars, etc. Physicians or health officers to be in charge. Physicians or health officers to attend sick. Permit from, to enter city. Force at, to enforce laws.. Boats, cars, etc., not to leave without permit. Same may be captured and returned to.. Emigrants may be arrested and returned to. Department may make rules for.... Department may appoint physicians for. • • • • • • · • • Sec. 40 40 9 45 11 162 12 163 27 166 27 166 22 165 24 165 10 10 10 10 10 37 168 5 42 169 5 5 5 Page. 5 40 169 169 162 10 ૦ ૦ ૦ ૦ ૦ 169 3 41 169 43 169 ♡ co 29 166 161 161 161 161 161 169 10 162 10 162 13 163. 13 163 13 163 162 161 8 162 9 169 15 163 5 161 10 162 13 163 34 167 18 164 18 164 19 164 20 164 20 164 21 164 22 165 23 165 24 165 24 165 24 165 25 165 26 166 INDEX TO BOARD ACTS. 1125 QUARANTINE-Continued. Persons to pay when able..... No boat, car, etc., under proclamation to pass. Department to select and buy sites and erect buildings. QUARANTINE HOSPITAL— To be in charge of Department of Health.. REPORTS— REPEAL Department may require from hospitals, etc. Department may require from theatres, etc.. Department may require from coroner Of contagious diseases from physicians. Annual Reports of Commissioner. Of certain acts DEPARTMENT OF HEALTH. RULES- TERM- Of Commissioner of Health.. THEATRES- Reports of, to Department of Health.. VACCINATION— VESSEL- Department may make and enforce rules. Chief of Police to enforce.... Street Commissioners and Police to report violation of. SALARY- Of Medical and Sanitary Inspectors fixed by City Council... Audited and allowed by City Council... SALE- Of impure drugs and food prohibited.. SMALL POX- Department to take measures to prevent spread of. STREET Department may order to be cleaned.. ACCOUNTS Department may issue order requiring all persons to be. Department shall have on hand a supply of virus for... Certificates of, to children. May be quarantined. Persons in charge of, to assist Health Officer. • • · • • • Shall not leave quarantine without permit. Department may capture and return to quarantine. Owner of, liable for expense.... Under proclamation not to enter city. VIOLATION— To be kept by the Comptroller.. ACQUIRING REAL ESTATE- • To school act.. ANNUAL MEETINGS— Time of holding • FREE SCHOOLS. Proceedings Board may occupy land pending proceedings. ACTIONS- Board of Education. Judgment, when action brought by Board. AMENDMENTS— • • • • • • • Of act, penalty for Of rules and orders, Street Commissioners and Police to re- port · • • • • * • • • ·· • ec. S 27 28 31 14 49 25 47 48 5 27 37 168 37 168 38 168 39 168 44 169 16 36 2 37 16 33 33 37 168 48 10 Page. 5 166 166 167 163 13 170 8 165 170 170 161 166 163 18 164 20 164 24 165 24 165 24 165 28 166 168 34 167 161 168 163 167 167 170 13 176 13 177 174 1 171 177 177 175 1126 INDEX TO BOARD ACTS. APPLICATION- AUDIT- To District Court for Commissioners. Duty of Comptroller... AUTHORITY— To levy taxes AYES AND NAYS- Vote to draw orders... BALLOT BOXES- To be taken for purchase or sale of real estate. BALLOTS For School Directors. Designate term of candidate.. For School Directors BEQUESTS- Board of Education may take.. BOARD OF EDUCATION- East and West Divisions consolidated. May sue and be sued.... May acquire real or personal property. Successor to former Boards... FREE SCHOOLS.' Add • May appropriate and use moneys. May make and enforce contracts. Entire control of schools. May make By-Laws... • • Title to real and personal property. Hire, erect, and maintain school houses. Employ superintendents and teachers Receive all moneys accrued, etc. • Board to prescribe BUILDINGS- Election of first Board, term of office. Subsequent elections CERTIFICATE- Comptroller shall countersign Not to be issued except To be made payable, how BOOKS- • • Of indebtedness CITY OF MINNEAPOLIS- • • Officers City Treasurer shall be Treasurer of Board Not prohibited from using pay-rolls. Regular meetings May make tax levy • • Tax-levy for purchase or erection... BY-LAWS— Board may make Fix regular meetings · · Constitute one School District. • · Rules regulating bonds and indebtedness. Acquiring real estate Judgment, when action brought by Board • •· • · D May occupy land pending proceedings to acquire. BONDS-See Sureties- CITY CLERK— Shall notify Directors of election.. CITY COMPTROLLER- Keeps books of account Countersign all bonds. Keep account of bonds and moneys CITY COUNCIL Shall canvass returns Shall designate depositories • • • • • ·· • • · • · • • D • • • • * · • • • • • • • • • · ·· · • Sec. 13 10 -> 5 174 7 In a 9 3 5 174 175 w w 172 3 173 1 3 172 1 HAHHAAAA 1 171 171 1 171 171 172 172 172 172 172 1 171 1 172 1 172 2 172 2 172 4 173 4 173 5 174 6 174 7 174 10 176 13 176 13 177 13 177 1 1 1 1 1 1 10 5 1 7 Page. 174 10 176 10 176 1 6 176 10 174 3 10 10 10 171 5 3 w 172 1 171 174 172 174 176 5 174 173 174 5 174 173 3 5 174 INDEX TO BOARD ACTS. 1127 CITY TREASURER— Treasurer of Board Shall give bond to Board Shall receive and keep all moneys Comptroller to audit CLASSIFICATION— Of Scholars Shall keep full records Exempt from liability Make settlements with County CLAIMS-- FREE SCHOOLS. COURTS • COLLECTION OF TAXES- How enforced COMMON SCHOOLS- Board to manage CONDEMNATION PROCEEDINGS- To acquire real estate CONSOLIDATIONS- •• Boards of East and West Divisions.. CONTRACTS- Board may make and enforce. CONTROL OF SCHOOLS-- COURSE OF INSTRUCTION— Of Scholars Return of tax-levy COUNTY TREASURER- Vested in Board of Education.... • Judgment, when action brought by Board.. COUNTY AUDITOR— EMPLOYMENT- To pay taxes to City Treasurer. Shall make settlements with city CREATION- Of Board DEED OF CONVEYANCE- How executed DEPOSITORIES— • • • For school funds Sureties of banks liable DIRECTORS-See Board of Education. DISTRICT COURT Appointment of Commissioners DUTIES- Teachers, Board to prescribe. President and Secretary Comptroller • • Subsequent Boards Rules of city election to apply Return, judges to make Same-Council shall canvass. Superintendents Teachers Rules ERECT SCHOOL HOUSES Board EVIDENCE OF INDEBTEDNESS- Comptroller to keep record EXAMINATIONS— Of teachers, rules • EAST DIVISION- Board of Education consolidated with West.. ELECTION— First Board · • + · * • • • • 4 & 55A A Sec. 5 1 7 1 13 1 1 1 1 13 1 10 10 5 5 13 11010 5 7 175 wo wo wo 10 10 7 175 7 175 2 3 3 Page. 9 175 1 1 1 173 173 174 174 174 175 1 174 10 172 5 175 1 172 176 171 172 173 5 174 171 172 172 1 171 177 2 172 172 173 3 173 173 171 174 174 176 172 172 172 172 174 172 1128 INDEX TO BOARD ACTS. FINANCES Board may demand and receive Board may appropriate and use FINANCIAL CONDITION— Comptroller to keep record FREE SCHOOLS- City one School District Board to constitute one corporation. Style, seal and powers Acquiring real and personal property Making and enforcing contracts Successor of former Boards FREE SCHOOLS. Title to real estate and personal property. Control and management of schools and finances. Superintendent and teachers Rules and regulations City Clerk, notice of election Rules of election • Classification and management of scholars. Election of Directors and term of office.. Subsequent election and vacancies • Annual elections, ballot boxes and ballots. Returns and canvass Oath of office of Director. • Meetings and officers of Board. Bonds of Secretary and Treasurer. Orders on Treasurer Mode • • • • Of scholars • County Treasurer to settle First meeting of Board Temporary organization Annual meetings vacacies, etc. Real estate, purchase and sale. Votes to be recorded Orders, when to be issued Bonds, etc., when issued, etc. Restriction of indebtedness Old Boards to cease, when Condemnation proceedings Title in fee simple. CC CC CC 66 Exemption of Treasurer from liability Employes' pay rolls Regular and special meetings, quorum Tax levy Purchase of sites, buildings and repairs. Returns, etc. Collection of taxes • • Duties of Comptroller, bonds to be countersigned. Accounts of bonds, claims audited, etc. Funds, how deposited.. • U • Application for Commissioners Judgments how entered Entering upon lands, etc. Possession not to be disturbed • • • • • • • • • • • · • • · General Statutes, part of act FUNDS- How deposited Shall be regarded city money. When deposited, may be recovered by city. GIFT- Board may take... GOVERNMENT OF SCHOOLS Rules GRADING- • • ► • • • • • • · • • • • La S 1 172 1 172 10 5 1 1 1 1 1 1 1 1 1 1 1 22 mm mm 172 172 172 172 2 172 172 172 3 172 173 173 4 173 3 3 3 4 4 10 10 10 10 10 10 67 5 5 5 5 5 174 5 174 ~~~ 00 00 00 ✪ a 77 7 7 174 7 7 174 175 175 175 175 175 175 175 175 176 176 176 8 8 8 9 9 10 10 10 10 13 13 13 ¿Page. 10 10 10 174 5 171 171 171 171 171 171 172 176 176 176 177 13 176 13 177 13 177 13 177 13 177 5 1 173 173 173 174 174 174 1 174 174 5 174 1 174 171 172 172 INDEX TO BOARD ACTS. 1129 INDEBTEDNESS- Duty of Comptroller Purposes of tax levy. How restricted JUDGMENTS— LANDS- In proceedings brought by Board How entered LEGAL MEETING— LIABILITY— Acquisition of and title Whenever majority be present. MAJORITY VOTE- MANAGEMENT— Banks, having school funds Treasurer's exemption Schools Scholars · Necessary to draw orders • MEETINGS— Board President to preside Fixed by rules and by-laws President or two Directors may call special meetings. For annual election of officers.. MONEYS- OFFICERS- Board Duties Election Board to receive Board may appropriate and use City Treasurer shall receive Shall pay out, when OATH OF OFFICE- School Directors FREE SCHOOLS. • • NOTES- To amendments to school act. NOTICE- • Election Special meetings To state time, place and object PAY-ROLLS- OLD BOARDS- To cease To surrender property • • Treasurers to turn over funds Penalty for neglect ORDERS ON TREASURER- President shall sign and Secretary attest How payable Not to be drawn, when Board may acquire PRESIDENT OF BOARD- • Compensation of employes PERSONAL PROPERTY- • • Election Shall preside at all meetings. Sign orders on Treasurer May call special meeting And Secretary, to execute deed of conveyance. PROCEEDINGS- To acquire real estate... • • • • • • • • • • • • E 42. Sec. 7 10 13 13 13 6 10 10 5 10 5 1 1 40 6 174 5 174 6 8 1 1 5 5 3 6 6 4 4 173 5 173 174 174 175 + 10 00 5 10 10 10 5 5 5 10 5 Page. 1 174 174 176 173 173 8 175 † 10 10 177 177 4 176 174 10 176 10 176 10 176 10 176 174 172 172 172 172 174 174 177 173 174 174 173 173 173 173 174 171 173 5 173 5 173 6 174 9 175 13 176 1130 INDEX TO BOARD ACTS. PROPERTY— • Title vested in Board Board may purchase, when Vote to authorize sale Board may occupy land pending proceedings. REGULAR MEETINGS— Board City of Minneapolis REPAIRS OF SCHOOL HOUSES- Purposes of tax levy RETURN OF TAX LEVY— To County Auditor RULES AND REGULATIONS— For examination of teachers For government of schools To regulate meetings.. Regulating bonds and indebtedness SCHOOL FUNDS— SCHOOL HOUSES- SALE OF REAL ESTATE— Require vote of five Directors. Votes to be ayes and nays SCHOOLS- FREE SCHOOLS. · Board to control, support and maintain. Rules for government of Grading, classification and management of scholars. Board to prescribe books SCHOOL DIRECTORS-See Board of Education. SCHOOL DISTRICT- • For tax collections SPECIAL MEETINGS— • Shall be regarded as city money. May be recovered as such Deposited in banks • · · Title vested in Board Board to receive moneys May appropriate and use same ● • Board may employ.. SURETIES-- Collection enforced Board to make levy Board may hire, erect and maintain. May not erect on land it does not own. Purposes of tax levy SCHOOL PROPERTY— To keep record of proceedings. Orders, how drawn Not to issue orders, when. SETTLEMENTS- SEAL- To be affixed to deed of conveyance. SECRETARY— Election of, etc.. Treasurer and Secretary Nature and conditions To be filed with Comptroller TAXES- · May be called by President May be called by two Directors Notice to state time, etc. Majority may act without notice. STATUTES- A part of act SUPERINTENDENTS- · • • م • • ► • • • • • • - Sec. 9 13 6 7 1 1 6 10 9 9 1 1 1 1 7 175 1 10 10 10 5 5 5 117 1 1 1 410 10 5 5 10 7 6 6 6 6 13 Page. 1 172 175 175 177 4 4 4 174 174 9 175 172 172 174 176 175 175 172 172 172 172 171 174 174 174 172 172 174 172 172 172 173 173 173 176 175 174 174 174 174 177 172 173 173 173 7 175 7 174 INDEX TO BOARD ACTS. 1131 TAXES-Continued. Purposes of and limitation. 66 66 46 Return to County Auditor TEACHERS— TREASURER— Board may employ Rules for examination • Board to prescribe powers and duties. TITLE- To all school property vested in Board To sites To give bonds UNION- School Directors Officers Boards of East and West Divisions.. VACANCIES IN OFFICE- VOTE- P To draw orders by ayes and nays Entered on proceedings WEST DIVISION— FREE SCHOOLS. For purchase or conveyance of real estate To be by ayes and nays Board of, consolidated with East ACT- ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ Appointment of Appraiser in place of. ACCEPTANCE AND OATH- Commissioners to file with City Clerk... PARKS AND PARKWAYS. ABANDONMENT See Board of Park Commissioners. ABSENCE— From meetings, creates vacancy when.. Leave of absence ABSENTEE— Inconsistent acts repealed Act to take effect.. Amendments to Park Board act AGENTS-See Employes- — Rules and regulations for... May be employed or dismissed.. AGGRIEVED PARTY-See Property Owner. ANNUAL CITY ELECTION-See Election. ANNUAL REPORT- Park Assessors APPRAISERS- Appointment and general duty Notice and qualification Fine for failure to act ·· Time and notice of hearing. Notice by publication, when. • · ► • • Secretary shall make to Board Of Commissioners to contain general proceedings and financial statement of APPEAL-See District Court. APPOINTEES-See Employes. • • • Appraisers to be sworn Notice to be published, contents. Meeting of Appraisers · " · • • • • • · • " • • · ~~~ Sec. 1 1 1 7 174 175 175 1 13 4 1 2∞ 10 10 ✪ 5 5 9 9 172 8 175 1 3 Page. 172 172 172 1 1 172 176 1 173 171 1 180 1 180 174 174 175 175 171 1 179 181 20 192 21 192 192 179 180 179 1 180 4 186 (1) 3 181 181 (1) 3 (1) 3 181 181 (1) 3 (1) 3 181 (2) 3 181 (3) 3 181 (4) 3 182 1132 INDEX TO BOARD ACTS. PARKS AND PARKWAYS. APPRAISERS-Continued. To view premises and hear evidence.. May adjourn from day to day.. Appraisal of damage to property. Buildings, damage if taken. Same, if owner removes. Separate appraisal, buildings and land. Same, if belonging to different persons. Confirmation not to require payment to parties • • • • • • Meeting for organization President to be elected Vice-President to be elected Secretary to be appointed Duties and powers Vacancies, how filled Election, when held • • •• • Ten per cent. to be paid annually. ·· • County Auditor to include same in general tax list. Collection, etc., how enforced. Apportionment of amount, if tracts subdivided. Record in County Auditor's office.. Compensation of County Auditor.. Entire assessment may be paid at any time. Allowance to be made for interest. Lands to be freed from lien, when. Of tax for payment of interest.. ATTORNEY-See Employes. May be employed or dismissed. AUDITOR-See County Auditor. AUTHORITY— • • • • Board to determine amount to be assessed Appointment of Park Assessors To distribute total on lands benefited. Proceedings, etc., assessment roll filed. Notice of application for confirmation. Court may revise, correct, amend or confirm New assessments when, proceedings. Interested parties to be heard.. Objections to be specific, etc. Copy of report as confirmed to be filed with County Auditor. Assessments a lien • • titled 182 (6) 3 (7) 3 182 Report to be filed with Secretary Same, to embrace schedule, description, names, costs, etc..(7) 3 182 Notice of filing report APPROPRIATION OF LAND-See Designation. ASSESSMENTS-See Park Assessors. (8) 3 182 • To obtain titles to land To condemn land and method of procedure. AWARD-See Damages. BOARD OF PARK COMMISSIONERS- Composition of · • • • • ·· • • To constitute a Department Bond of Secretary. Rules for government of proceedings • • · • • • • • Meetings and adjournments Shall have a seal Rules, ordinances, etc., for agents and employes.. • • • • • • · Mayor, ex-officio member Same, Chairman Council Committee on Public Grounds and Buildings, and Committee on Roads and Bridges... Power to make contracts Contracts, how executed Acceptance of office to be filed Oath of office • • (4) (4) (4) not en- • (5) (5) 182 182 182 182 3 182 (6) 3 182 (6) 3 182 co co w Sec. • • 3 Page 4 186 4 186 4 186 4 186 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 187 4 188 4 188 4 188 6 188 1 180 do 180 181 1 178 1 178 1 1 1 178 1 179 1 179 1 179 1 179 1 179 1 179 1 179 179 179 1 179 1 179 1 179 1 179 1 179 1 179 1 179 1 179 INDEX TO BOARD ACTS. 1133 PARKS AND PARKWAYS. BOARD OF PARK COMMISSIONERS—Continued. Same to be published Rules, ordinances, etc., for parks and parkways. Same to be published Quorum, majority to constitute Purchase or lease of lands, ten affirmative votes necessary Bonded debt, creating same, ten affirmative votes necessary Vacancies, filling of, ten affirmative votes necessary. Record of proceedings to be kept Annual report by Secretary Statement of receipts and expenditures. Terms of office • Subsequent elections and terms Vacancies filled by Board Compensation of employes Same, how payable . · Compensation, to receive none Necessary expenses may be allowed Attorneys, surveyors and employes, employment and dis- missal Contract, Commissioner not to be interested in. Exception, as to owner of lands.. May receive compensation for same. Not to act officially in such cases. Parks and Parkways, system to be devised Adjacent to and for use of city.. Same to be designated.. Survey and plat Plat to be filed • To take possession of lands acquired Improvement, plan, etc. Title to land in name of city. 66 "C 66 66 (6 66 66 Gift, devise, purchase or lease Donations of money, lands, etc. Condemnation of land • .. • Title to vest in fee simple Condemnation proceedings Appraisers, how appointed Secretary to notify Failure to qualify Vacancy, how filled Appraisers, sworn Appraisers, to give notice Same, by publication Same, meet and view premises. • • • • • Damages paid how, when. Same, in case of appeal • • • • • · move same Board to confirm, revise or annul appraisement. New appraisers appointed, when.. Same, in case of re-appraisement. Land, not taken until paid for. Money paid to Court, when Buildings removed within thirty days. Buildings may be sold, when Proceeds shall belong to Park Fund. Property owners may object • • · • · • • • • • • Damage for taking or removing buildings. Awards, if land and buildings belong to different parties..(6) Appraisers' report not deemed to require payment damages - • Report filed with Secretary Secretary to give notice. Same, by publication Owner of building to notify Board of his election to re- • • · • • • • • • ► • • • • • • · · • · · of • • • · · • • · • • • 1 1 1 1 1 1 1 1 1 1 1 1 (6) 1 1 1 (7) 1 1 1 1 1 1 00 do 30 30 20 10 10 10 1NN10 10 10 10 10 10 -- (8) 2 2 2 2 (1) (1) (1) 3 (1) 3 (2) 3 (3) 1 180 180 180 2 180 (3) 3 (4) 3 2 180 180 180 180 180 181 (5) 3 2 2 2 181 2 181 Page. 3 181 179 179 179 179 179 179 179 180 179 180 179 179 179 180 180 3 181 02.00 180 180 181 181 3 181 181 181 181 3 181 181 182 182 182 3 180 180 180 180 como co 3 3 3 182 182 (8) 3 182 182 03 03 00 00 (8) 3 182 (8) 3 182 183 (8) 3 (9) 3 183 (9) 3 183 (9) 3 183 (9) 3 183 (9) 3 183 (10) (10) (10) 184 (11) 3 184 3 183 3 183 1134 INDEX TO BOARD ACTS. 1 PARKS AND PARKWAYS. BOARD OF PARK COMMISSIONERS—Continued. Same, may appeal Same, to file bond on appeal • • Secretary to submit transcript to District Court. Trial, how conducted Court may appoint Appraisers. Mode of procedure of Court Appraisers. Report of to be final.. • · • • Plats of lands acquired.. Where filed • • • • ·· · Same to be recorded in office of Register of Deeds. Record of same shall be evidence of Title.. • · • : • · Assessment a lien on property. Assessment, Auditor to include in tax list. Assessment, Auditor to keep record of. Compensation of Auditor... Cost of lands for parks and parkways. Issuance of bonds. • Same may be set aside by Court... (11) 3 185 (11) 3 185 Court may adjudge double costs, when. Board may abandon proceedings, when. Commissioners to make a description of all lands acquired. (12) (11) 3 185. 185. Same to be filed with Secretary.. 185 Same to be certified under seal.. (12) 3 185. (12) 3 185 (12) 3 185 (12) 3 185 (12) 3 185 4 186 186 186 186. • • · • • • • • • • • • • · • • • • • • • • Benefits, percentage to be determined. • · Park Assessors, application for appointment of Notice of application.. Adjacent lands of vendor, when exempted. Same, record of exempted lands to be filed with Register of Deeds 4 Assessment rolls, filing of same in Court and application for con- firmation • • • • • · • • • Assessment rolls, filing of same in Court and application for con- firmation Same, notice of application, and service thereof. Same, copy of confirmation to be filed with County Auditor. Same, re-filing of former rolls.. • • • • • · • • • • • Limit as to amount, interest, terms, etc. Register of bonds to be kept………. Parks, etc., pledged for payment.. Sale of bonds, when and how. Annual estimate to be sent to County Auditor.. Same, to show amount of money needed for succeeding year. Same, to include payment of interest, improvements, etc. Same, total amount not to exceed tax of one mill on dollar. Proceeds of tax to be placed to credit of Board. Same, to be drawn on warrants on City Treasurer Same, to be known as "City Park Fund". Vacation of public roads, etc…….. Highways and railroads through parks. Bridges and viaducts over water-courses. Railroads within or on line of parks and parkways Special assessment to be paid into Park Fund... Lakes, ponds and streams, regulation and control of. Shore of lakes, exclusive control. Penalties for violation of rules, etc. Sail or row boats not prohibited. Removal of Commissioner for misdemeanor or malfeasance. Ten freeholders to present charges. Vacancy in office, how created... Leave of absence, Board may grant. · • Lands acquired subject to lien for bonds. Lien may be enforced by sale.. Sale of land not available for park. Sale not valid when.. • • • · • • • • • • • • • • • • • • • • · • 12 (11) 3 184 (11) 3 184 (11) 3 184 11) 3 184 (11) 3 184 (11) 3 185 (11) 3 185 3 (12) 3 • • • • • • • • · • • • • · · 4 4 4 4 THE HTIO 10 10 10 10 10 4 187 4 187 4 187 4 187 4 187 4 4 187 5 4 187 187 5 188 188. 5 5 5 5 Page. 6 6 6 6 1 ∞ ∞ ✪ 186 186 8 6 189 6 189 6 189 7 189 8 11 11 12 12 188 188 188 7 189 188: 188 188 188 188 189 189 9 189 10 189 10 189 10 189 10 189 1 180 1 180 1 180 1 180 189 189 189 189 INDEX TO BOARD ACTS. 1135 PARKS AND PARKWAYS. BOARD OF PARK COMMISSIONERS-Continued. Sale not valid, when... Court to enforce order, etc. Rules and ordinances, orderly use and enjoyment of parks. Same, penalties for violation... Same, to take effect from official publication. Same, prosecutions in Municipal Court…… Park Police, Mayor to appoint on request of Board. Same, under direction of Board.. Same, to be paid out of park funds. Powers of policemen... Opening, improving and vacation of streets. How assessed.. Water mains and sewers. Same, how assessed.. City Forester, how appointed.. Same, duties of.... Same, compensation of. • • Trees, etc., not to be removed. • • • Parkways subject to control of Board. Parkways, outside city limits, how acquired. Authority to plant shade trees, etc.. • • • · Penalties for violation of ordinance. Authority to plant shade trees. Assessments for K • • • • • • • Assessments, limit of. Assessments, Board to direct amount of. Assessments, how collected.. Assessments, paid into park fund.. No state law to repeal this act except expressly set forth Pending proceedings, how completed…….. BONDS-See Sureties- Of Secretary Issuance of Assessment of tax to pay interest on. BONDED DEBT- Creating same, ten members to consent. Bonds, when and how issued.. Limit of bonds to be issued. To countersign warrants. To keep register of bonds, etc. CITY COUNCIL- • • When to be removed.. Further time, when.. Damages payable after removal. When Board may appropriate. Proceeds to park fund.. CERTIFIED COPY-See Transcript. CITY COMPTROLLER— • Damages when owner removes. Damage when not removed. Damages belonging to different persons. • • · • • • • • • Interest not to exceed four and a half per cent. Register of bonds, Comptroller to keep... Issue of bonds not to make debt of city exceed legal limit. Bonds a first lien on parks and improvements. Estimated interest for year. BRIDGES AND VIADUCTS- May be constructed over water-courses and railroads. BUILDINGS- · • • • • · • · • • • • • • • • • • • • 會 ​• • • •• • • • · • • • • • • - · • ❤ • • • • * • • • • • • • Chairman of Committees on Public Grounds and Buildings and on Roads and Bridges ex-officio Commissioners.. CITY ENGINEER- Plats of parks to be filed with.. Sec. 12 12 13 13 13 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 15 15 16 16 16 16 15 16 192 16 192 6 17.192 18 192 H10 10 10 10 179 5 188 188 5 5 Page. 5 190 190 190 190 190 190 190 190 190 179 188 188 5 188 188 5 188 5 188 6 188 00 (5) 3 (5) 3 (6) 3 190 190 190 191 191 191 191 191 191 191 191 191 191 191 191 192 192 182 182 182 (10) 3 183 (10) 3 183 (10) 3 183 (10) 3 184 (10) 3 184 189 1 180 5 188 1 178 3 185 1136 INDEX TO BOARD ACTS. CITY FORESTER- PARKS AND PARKWAYS. Board may appoint. President to recommend. General duties Inspection of trees, shrubs, etc., offered for sale. Planting and culture of trees in streets. Compensation CITY LIMITS— • Parks to be within and adjacent.... CLAIMANTS— Of award, when to apply to District Court.... COMMISSIONERS-See Board of Park Commissioners. COMPENSATION— Commissioners not to receive. Except for necessary expenses. Appointees and employes, to be fixed by Board. Park Appraisers Court Appraisers City Foresters • Awards to be paid within six months. Exception in case of appeal. · • Commissioners have power to make. Commissioners not to be interested in. Exception as to land designated.. How executed CONTROL OF STREAMS, ETC.-See Water. CONVICTION-See Misdemeanor. COPY-See Transcript. COSTS- Of Appraisers' proceedings, statement of. Appellant's bond for.. On appeal, to be fixed by Court.. • • • Double costs, when.. COST OF LANDS See Parks and Parkways- Board may borrow money for.... CONDEMNATION-See Board of Park Commissioners, Appraisers, Park Assessors, Damages, etc. CONSTRUCTION-See Streets- No highway or railroad without consent of Board. Bridges and viaducts.... CONTRACT- • Board may condemn designated lands... When condemned, title to vest in fee simple. Condemnation proceedings CONFIRMATION-See Board of Park Commissioners and District Court. • • • • • O • • COST OF Grading, paving, sidewalks, sewers, etc. Water mains COUNTY AUDITOR— Copy of assessment roll, as amended, to be filed with. Copies of former assessment rolls to be filed. Same to be headed "Park Assessments" • • • • · • • • • • · • • • • • · · • Proceedings for collecting, same as for other taxes. Special records in County Auditor's office.. Compensation of County Auditor... To receive estimates of amount needed for succeeding year. Amount not to exceed proceeds of a tax of one mill on dollar.. Auditor to determine and enter same on general tax list……….. COURT-See District Court- Municipal Court to enforce ordinances.. CREATING BONDED DEBT-See Bonded Debt. DAMAGES- To property, appraisal of.. Interested parties to be heard. 1 1 1 1 (11) 3 15 Sec. (9) 3 15 191 15 191 15 191 15 191 15 191 15 191 2 180 (9) (9) 3 Co Cu 3 181 3 181 3 181 7 Page. го со 3 183 183 (7) 3 182 (11) 3 184 183 180 180 180 180 185 191 (11) 3 185 (11) 3 185 1 179 1 180 1 180 1 179 189 189 +++ 5 188 14 190 14 191 13 4 187 4 187 4 187 4 187 4 187 (4) 3 (4) 3 4 187 6 188 6 188 6 188 190 182 182 INDEX TO BOARD ACTS. 1137 PARKS AND PARKWAYS. DAMAGES-Continued. To buildings, how ascertained. Separate ownership Estate less than fee. Award, report of Commissioners to be filed.. District Court to determine proper claimant. Appeals to District Court and proceeding. Re-appraisal, when and how. Frivolous appeals, costs. Assessment of benefits. Objections, proceedings, adjudication. DEPARTMENT OF CITY GOVERNMENT— Board to constitute.. DESCRIPTION OF LAND-See Transcripts- • Ten members to consent. Commissioner not to act, if owner. For parks and parkways.. Condemnation of designated lands. DEVICE-See Parks and Parkways- Board may receive lands by. DISTRICT COURT- • • • • • In report of Appraisers.. DESIGNATION OF BOARD- "Board of Park Commissioners of the City of Minneapolis". DESIGNATION OF LANDS- • Ma • Qualifications, etc., to re-appraise damages. Parties to appeal to be heard on appointment. Court to fix time and place of meeting. · • Appraisers to be sworn. Proceedings on report of Appraisers. If report is set aside may re-commit to same Appraisers. Or appoint new appraisers.. • Notice of application for confirmation. Court may revise, amend or confirm. New assessment, when.... • • • · • • • • · • · • Double costs, when. Court to appoint Park Assessors, when and how. Notice of hearing. Assessment roll to be filed.. • · • • · • Deposit of award in, when disputed claim. To determine party entitled to receive.. Appeal from order of Board on award. Transcript to be filed with Clerk... Of objection only, if additional appeals. No pleading on appeal... (11) 3 Court to first pass upon irregularities. Hearing, notice and precedence.. (11) 3 Judgment to confirm or annul as to property of appellant.. (11) If award complained of, and proceedings otherwise confirmed, Appraisers to be appointed... • • · • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • · · · • No appeal or writ of error from any order in the premises..(11) Compensation of Appraisers Costs on appeal.... (11) • (11) 3 (11) 3 4 4 (6) 3 (7) (9) 3 3 (5) 3 182 (6) 3 182 182 3 182 182 • (7) 3 (11) (11) 1 1 2 181 (9) 3 183 (9) 3 183 (11) 3 184 184 (11) 3 (11) 3 11 Q M • • 2 • 11) 3 (11) 3 184 (11) 3 184 184 184 184 • • · Co 179 180 180 3 181 no mo co m 3 (11) (11) (11) 3 Page. 185 (11) 3 185 1 3 185 (11 3 185 (11) 3 185 wo w ∞ ∞ Co 184 185 185 186 187 3 179 182 3 185 178 3 Interested parties to be heard. Objections to be specified, etc. Objections to amount only, how considered. 4 187 May remove Commissioners for misdemeanor or malfeasance. 1 180 May authorize sale of real estate abandoned for park purposes. 12 190 Interested parties to be heard.. 12 190 Notice as directed by Court.. 12 190 12 190 Court may enforce orders, judgments and decrees. DONATION--See Money. ELECTION AND TERMS— President and Vice-President... 3 184 184 185 185 185 185 4 186 4 186 4 186 4 187 4 187 4 187 4 187 4 187 1 179 1 1138 INDEX TO BOARD ACTS. EMPLOYES- FEE PARKS AND PARKWAYS. Rules and regulations for. May be employed or dismissed.. Compensation of, to be fixed by Board. Same payable from City Park Fund. ESTATE-See Fee- When less than fee simple, damages, how appraised………… . . . . (6) EVIDENCE- (6) 3 Appraisers to be... ISSUE- •• Appraisers to hear interested parties... Record of description of lands acquired prima facia. EXEMPT LANDS—See Property Owner— Board may exempt adjacent lands as part consideration. Record of exempted lands kept by Secretary May be recorded with Register of Deeds. EX-OFFICIO COMMISSIONERS- Mayor and Chairman of Council Committees on Public Grounds and Buildings and on Roads and Bridges….... EXPENSES- Of Commissioners may be allowed. FUNDS See Moneys. GIFT-See Park and Parkways- Board may receive lands by. GOVERNMENT-See Rules, etc. GRADING-See Streets- Powers same as City Council.. INJURY-See Damages. IRREGULARITIES See District Court. • Of bonds INTEREST-See Bonded Debt, etc.- S • • • • On bonds Payment of INTERESTED PARTY-See Property Owner. JUDGMENT— LAND OWNERS-See Property Owners. LEASE- · • When land subject to damage, how appraised... LAKE-See Water. LANDS- • • Power and authority to obtain title... Authority to condemn, method and procedure. Acquired, subject to lien for bonds issued. Acquireu, police control of..... • • Assessments for benefits. Same, how discharged.. Bonds on Parks and Improvements.. Enforcement of, for payment of bonds. MAJORITY— Of members to constitute quorum. MALFEASANCE-See Misdemeanors- Removal from office for.... When land subject to, damages how appraised.. LEASING OF LANDS— Ten members to consent.. LEGAL VOTERS See Voters. LIEN- • · • • • Title to land to be in fee simple. 3 181 Land to be paid for before fee vests. 3 181 182 When estate less than fee simple, damages, how appraised…….(6) 3 FORESTER-See City Forester. FREEHOLDER— • • • · • • • Sec. --- 1 • • • (4) 3 182 (12) 3 185 1 • 1 180 1 180 3 182 4 186 4 186 4 186 1 178 (1) 3 181 1 180 Page. 14 179 180 2 181 5 10 10 5 (6) 3 182 188 5 188 ༡ ༩༩ 180 3 181 ++++ 191 188 11 189 13 190 4 (6) 3 182 1 179 11 4 187 188 5 188 189 1 179 1 180 INDEX TO BOARD ACTS. 1139 MAYOR- PARKS AND PARKWAYS. Ex-Officio Park Commissioner. Shall appoint Police, at request of Board. Board to designate same.. MEETINGS- Of Board • • Absence from, creates vacancy, when. MISDEMEANOR-See Penalties- Commissioner guilty of, may be removed. Same, as to malfeasance. Trial and conviction in District Court. Ten freeholders to sign petition. MONEY- • · Board may receive donations... Tax collections to be placed to credit of Board. CC 66 (6 66 66 66 16 To be drawn on warrants, how signed, etc. To constitute special fund known as "City Park Fund" MORTGAGE- Penalty for failure of Appraiser to act. Enforcement of ordinances in... NAMES OF OWNERS- When land subject to, damages how appraised.... MUNICIPAL COURT- • • • • ORDINANCES-See Rules, etc.- • • Meeting of Park Assessors, etc. Application for confirmation of assessment rolls. Sale of real estate.. OATH AND ACCEPTANCE-- Commissioner to file with City Clerk..... OATHS- . Appraisers to be sworn. Court, Assessor may administer. OBJECTIONS-See District Court- To be filed with Secretary. Proceedings thereon OFFICIAL NEWSPAPER-See Notice by Publication— Ordinances to be published in.. ORDERS-See Warrants- •· • To be countersigned by City Comptroller..... OPENINGS-See Streets- Powers same as of City Council.. • • To be given by appraisers, if known.... NOTICE-See Notice by Publication, Personal Notice, etc. NOTICES Of appeal in District Court.. NOTICE BY PUBLICATION- By Appraisers, of plat and meeting to view premises and ap- praise damage (3) (8) By Secretary, of filing of Appraiser's report, etc. Application to District Court for appointment of Park As- sessors • Board may enact rules and ordinances. To be published in official paper. Relative to City Forester, shade trees, etc. ORNAMENTAL TREES-See Trees and Shrubbery- OWNERS-See Property Owners- Within what time to remove buildings... PARK ASSESSORS-See Assessments- When and how appointed, qualifications, etc. Application to District Court.. • • • • * · • • • • • • · · • • • · • · · • • • - Sec. • 13 13 • рисков рискова • 1 1 179 180 1 1 1 (6) 3 (1) 3 pound pad 1 22 6 6 6 6 (11) 3 184 181 13 190 (7) 3 182 w w 4 4 4 12 (2) 3 Page. 178 190 190 3 181 180 180 180 180 181 188 189 189 189 3 182 13 182 14 1 179 (11) 3 184 (11) 3 184 181 4 186 (10) 3 186 186 187 190 1 180 190 4 186 4 186 4 186 4 186 Notice of hearing to be published.. Court to appoint three Assessors. Assessors to apportion total upon property specially benefited.. 4 Whether abutting on park or not. 186 4 186 190 13 190 13 190 15 191 183 30* 1140 INDEX TO BOARD ACTS. PARKS AND PARKWAYS. PARK ASSESSORS-See Assessments-Continued. Determination deemed to include all lands benefited.. Exemption of lands of parties from whom purchased, when Assessors to be sworn.. Notice of meeting for making assessment. Interested parties may be heard. Assessor may administer oaths. May adjourn from time to time. Assessment roll to be filed with Clerk of Court. Majority of assessors may concur therein. Proceedings, findings, etc. 66 66 (6 Rules and regulations. To be adopted.... Lands to be designated. To be surveyed and platted. Plat to be filed... • • PARK ASSESSMENTS-See Assessments Heading in general tax list.. PARKS AND PARKWAYS-See Board of Park Commissioners- Possession and improvement. Gift, devise, purchase or lease. Board may borrow money to purchase. Bonds to run not exceeding fifty years. When and how issued, conditions.. Limit as to amount, interest, etc. Not to exceed bonded debt limit of city Sale of bonds and restrictions. • • • • • Estimate for succeeding year. Parkways to be controlled by Board. • ► · May be discharged.. Board to provide for payment. Powers of. PARK SYSTEM- Creation of Board for.. Board to devise and adopt.. Designated by Board... Appointed by the Mayor. Under control and direction of Board. • • PAVING-See Streets Power same as City Council.. · · 179 180 180 180 180 180 181 188 188 188 188 188 183 188 190 Same, construction, maintenance, etc.. 14 190 Same, regulations as to use, travel and traffic. 14 191 14 191 Same, not to be made of street unless City Council consents Same, powers and jurisdiction of Board.... 14 191 Same, relative to opening and vacation, same as City Council... 14 Same, grading, paving and curbing. 14 14 Same, construction of sidewalks. Same, special assessments for costs.. 14 190 14 191 Same, City Council may lay water mains and sewers. Same, proceedings same as with public streets. 14 191 14 191 Same, special assessments for water mains and sewers. Same, lands outside corporate limits... 14 191 14 191 14 191 Same, Board may acquire by gift for extension. Same, Board to have jurisdiction over same. PARK COMMISSIONERS-See Board of Park Commissioners. PARK POLICE- • • • • .. · • • • To be within and adjacent to city limits. PARKWAY—See Parks and Parkways. • • • • • • • • • • • • • • • • • • • • • • • • · • • • • • • • • • • • • • (9) (9) Sec. (9) (9) 186 4 186 4 186 4 186 4 186 4 186 4 186 4 186 4 186 4 186 4 187 44 4 1 ∞ ∞ OI OI OI O 10 10 10 10 10 10 C 2 2 2 2 2 2 5 5 5 5 PAYMENT- Not to be made to party not entitled, even though confirmed. (6) 3 Of damages, when and how. Same, in case of appeal... Same, to be made before occupancy. Same, when claims disputed... 5 5 6 14 1 Q Q 13 190 13 190 13 190 13 190 13 190 13 190 2 ge. 178 180 2 180 187 co co on an on 14 191 190 190 190 3 3 3 183 182 183 183 3 183 INDEX TO BOARD ACTS. 1141 PARKS AND PARKWAYS. PAYMENT-Continued. Statement of, to each former owner, to accompany description of land for record.. Of assessment, when and how. Assessment of tax for interest. Police PENALTIES For failing to act as Appraiser. (1) 3 For violation of rules relative to use of shores, control of water, • etc. Board may ordain. Enforced in Municipal Court. PERCENTAGE-See Assessment. PERPETUAL PARKS— Use subject to restrictions.. Abandoned parks, when and how sold. 66 (C 66 66 66 66 POLICE-See Park Police. PONDS See Water. POWERS OF BOARD— PLACE-See Time and Place. PLATS-See Survey and Plats- Register of Deeds to file and record.. PLEADING-See District Court. • QUORUM— Authority to obtain title to lands... PRESIDENT OF BOARD— • • • • • Majority of members... RAILROAD-See Streets. • • • · To be elected by Board. To be a Commissioner. Vacancy, how filled.... To certify to descriptions of land acquired, for record. (12) To sign warrants. To execute deed. PROCEEDINGS— Rules for government of. Record to be kept.... Annual report to be made by Secretary PROCEDURE- Method to condemn land.. PROPERTY OWNERS- To be heard by Appraisers. Damage to be paid to, how ascertained. May elect as to removal of building. Separate damages for building. · • • ·· • • • · • • • • For violation of ordinances in Municipal Court.. QUALIFICATION- Appraiser • REAL ESTATE-See Property Owners, etc. RE-APPRAISEMENT— Court may appoint in case of appeal.. • • • • • · • • • • • • • · • • · ► • • · • • • • • (12) 3 4 6 13 • • • • Sec. (4) (4) 10 10 (12) 3 13 13 If claiming irregularity in proceedings of Board of Appraisers, (11) 3 184 184 (11) 3 (11) 3 184 may object to confirmation. Same, if dissatisfied with award. Objections to be specified, etc... If Board confirms award, may appeal to District Court. (11) 8 Appeal, when and how, bond, etc. To have transcript of record, etc. Proceedings on appeal, rights of appellant. 184 (11) 3 184 (11) 3 184 (11) 3 184 3 May be heard in event of appointment of new Appraisers…..(11) Double costs if appeal frivolous or vexatious.... (11) 3 Abandonment within sixty days of determination of appeal (11) 3 PROOF See Evidence. 185 185 185 PROSECUTIONS— 12 12 2 1 1 1 3 6 12 1 1 1 3 3 w cu Page. 185 188 188 190 181 189 189 190 190 189 190 185 180 179 179 179 185 189 189 179 179 179 182 3 182 181 (5) 3 182 (5) 3 182 13 190 (1) 3 181 1 179 (11) 3 184 1142 INDEX TO BOARD ACTS. RE-APPRAISEMENT-Continued. Shall be free-holders and residents.. Appellant may be heard as to appointments. Appraisers shall be sworn.. PARKS AND PARKWAYS. Of Parkways.. Shall view premises and hear parties.. Shall be governed by same rules as former Appraisers. To report appraisal of damages... Award final unless set aside four cause. Re-committal of award.... Appointment of new Appraisers, when. Compensation of Appraisers. RECEIPTS AND EXPENDITURES- REMOVAL- Statement of, in annual report. REGISTER OF DEEDS- To file and record plats of lands acquired. To record certified descriptions of land. Record prima facie evidence of title.. REGULATIONS-See Rules, etc.— RULES OF PROCEDURE- Board shall make... SALE OF ABANDONED LANDS— Board shall have. SECRETARY- Board may vacate, when……….. Not to be constructed without consent. RULES, ORDINANCES AND REGULATIONS— For agents, servants and employes. For Parks and Parkways.. May be authorized by District Court. SALE OF BONDS- • From office for malfeasance. From office for non-attendance at meetings. REPEAL- Of acts inconsistent with Park System act………. ROADS See Streets- • How sold, etc.. SALE OF LANDS- Unavailable for park system. District Court to authorize. SCHEDULE-See Appraisers― Of Appraisers, to accompany report. SEAL- To be appointed by Board. Vacancy, how filled.. • • • • • • • • • SERVANTS— Rules and regulations for. SERVICE-See Personal Notice. SEWERS- See Streets- Powers same as City Council. • • · • * • · • • • • · • • • • • · • • • D • • · • • • → • • • • • • Bond of To notify Appraisers of appointment, etc. Shall make annual report. Appraisers to file report with.. To notify, by publication, interested parties of filing of Ap- praiser's report, etc.. (8) Objection to award to be filed with. • • • · • · • • (11) 184 (11) 185 11) 3 185 (11) 3 185 • • • · (11) 3 185 (11) 3 185 (11) 3 185 (11) 3 185 3 185 3 185 (11) (11) 11) • • • ∞ ∞ Sec. • 3 • (12) (12) (12) 3 1 3 w w w 3 1 1 1 17 14 7 1 1 1 Page. (7) 3 180 1 185 185 185 179 180 180 192 Notice of Appeal to be filed with. Bond of Appellant to be filed with. To make certified copy of award, etc. (11) 3 184 Same to be sent to Clerk of District Court. To certify to description of land acquired, for record. (12) 3 185 To keep record of lands exempt from assessment. " 4 186 To sign warrants.. 6 189 190 189 12 190 14 179 179 5 188 179 12 189 12 190 182 1 179 1 179 1 179 (1) 3 181 1 179 (7) 3 182 179 182 184 3 (11) 3 (11) 3 184 (11) 3 184 (11) 3 184 1 179 191 ! INDEX TO BOARD ACTS. 1143 PARKS AND PARKWAYS. SHADE TREES-See Trees and Shrubbery. SHORE-See Water. SHRUBS See Trees and Shrubbery. SIDEWALKS-See Streets- Powers same as City Council... SPECIAL ASSESSMENTS-See Streets- Powers same as City Council. STREAMS-See Water. STREETS- Vacation and closing of.. Taken for Parkway, Council to consent Use, travel and traffic.. Power and jurisdiction of Board. Opening, vacation, etc.... Grading, paving and curbing Sidewalks • • Appellant to furnish. Conditions, etc.. SURVEYS AND PLATS- Parks and parkways to be surveyed.. Plat to be filed with City Engineer. SURVEYORS See Employes— SYSTEM-See Park System. TAX-See Assessments- Special assessments for costs. Power and jurisdiction of City Council. Water mains and sewers and special assessments Extension of streets beyond corporate limits.. Planting and culture of trees in highways.. SURETIES- May be employed or dismissed... • • • • Board may enact ordinances. TRIAL-See Misdemeanor. VACANCIES IN OFFICE- • • Same, how filled.. Commissioner, by absence. * • • • • • Authority to obtain. To vest in fee simple.. TRANSCRIPTS- Secretary to make, of record in appeal cases. Certify same and send to Clerk of Court.. • • • Proceeds to be placed by Treasurer to credit of Board. TERM OF OFFICE-See Election and Terms. TITLE TO LANDS- • • • Tax for interest, purchase, improvements, expenses, etc... Same not to exceed one mill on dollar.. County Auditor to determine percentage. Same to be entered on general tax list. Tax to be collected same as other taxes. • • • • In streets, alleys and public grounds.. Board may regulate planting and preservation. To superintend planting and culture. • • · • • President, Vice President or Secretary, how filled. Member of Board, ten members to consent to fill. • • • • • · • • • • • • · • • • • VACATION OF STREETS-See Streets- Board may vacate highways, except railways passing through parks Powers same as of City Council. VALID SALE- Of real estate.. • • • • (11) (11) • • Sec. (11) (11) (11) 3 If more than one appeal.. Description of land, certified and filed with Register of Deeds (12) 3 Same to show damage awarded, etc. TREES AND SHRUBBERY— (12) 3 14 14 î 14 14 14 14 14 14 14 14 14 14 15 3 Co Cu 2 2 10 184 3 184 1 6 6 6 6 6 6 0 20 3 CU CU CU 3 3 Page. 2 180 181 190 191 7 14 189 191 191 190 190 190 190 190 191 191 191 191 12 180 180 180 188 188 188 188 188 189 184 184 184 15 191 15 191 185 185 15 · 191 15 191 1 179 1 179 1 179 1 181 189 190 190 1144 INDEX TO BOARD ACTS. VIADUCTS AND BRIDGES— Construction of. VICE PRESIDENT— To be elected by Board. To be a Commissioner. Vacancy, how filled.. VIEW AND HEARING-See Appraisers. WARRANTS (Orders)— To be countersigned by City Comptroller. WATER- PARKS AND PARKWAYS. Control of shores, when and how. Control of entire water of lake, etc. Penalty for violation of rules, when. Boats not to be prohibited.. WATER MAINS-See Streets City Council may lay... APPEAL • • BONDS None to be issued except by consent of Council. How signed.. Register of, by whom kept. None issued except as provided. Same to be void.. ACCESS- To building ACCOUNTING— Auditor and Comptroller. City and County... ACQUISITION— Of block seventy-seven. Terms of sale. ADJUSTMENT OF INTEREST Board of Commissioners. AGENTS- Board may appoint. Compensation APPRAISERS- · PARK BONDS. • COURT HOUSE AND CITY HALL. • • • Damages not to be paid, until. Manner of making.. Bond to be filed.. • • · • • Certified copy of award and objection.. APPRAISEMENT- To award damages. Shall give notice of meetings. To view premises, hear evidence, etc. To file award.. Board may confirm, raise, revise or annul. Objection of parties... • • • • • · • ∞ Sec. 8 189 1 1 1 1 180 14 10 189 10 189 10 189 10 189 HHH22 1 Page. 1 193 1 193 193 193 193 10 179 179 179 191 11 201 12 202 7 г оо со оо 200 4 196 5 196 12 202 3* 196 3 196 198 8 199 199 199 7 198 7 198 6 196 6 197 6 197 6 197 INDEX TO BOARD ACTS. 1145 ARCHITECTURE— Of Public Building. AUTHORITY— COURT HOUSE AND CITY HALL, To issue bonds.. BLOCK SEVENTY-SEVEN- Site for Court House and City Hall.. Acquisition of To be conveyed to each, county and city. BOARD OF COMMISSIONERS- CHOWEN, W. S.— · Names of first members, etc. Names of additional members. Term of office, vacancies, etc. Make conditions of Treasurer's bond. Rules and by-laws.. Government of agents and employes... Enter into agreement with Board of Education. To appoint Appraisers.... May appoint new Appraisers, when.. • • May confirm, revise, or annul appraisement. If owners fail to remove buildings.. Member of Commission... Make detailed description of property, etc. Recorded by Register of Deeds. Records prima facie evidence. Erection of public buildings. Not to employ prison labor. Court house to be erected first. To advise with Council Committee. Complete and furnish building. To issue bonds.... Adjustment of interest. Final accounting, etc.. BONDS-See Court House. BRACKETT, GEO. A.- Member of Commission (additional). Tax for sinking fund. *C 66 (6 66 • COSTS- İ · • • ·· • · • CITY- Final accounting with County. Payment of bonds, City series. CITY COMPTROLLER- • Sign and keep record of bonds... CITY COUNCIL- • • • • • CITY SINKING FUND--See Sinking Fund. CITY TAX— Payment of bonds, City series.. CLOUGH, DAVID M.- Member of Commission. COMPENSATION— · Board of Commissioners. Secretary of Board. Agents of Board. COMSTOCK, EDGAR F.- Member of Commission (additional) CONTRACTOR- Dishonest practice or cheating... • • ... • • In appraisement proceedings.. Of land divided.. COUNCIL COMMITTEE On Public Grounds and Buildings, to advise Commission.... COUNTERSIGNING BONDS— Evidence of legality... • • • • Sec. 10 11 2 2 2 MH HO 3 1 194 4 196 4 196 5 6 7 77 9 9 9 2 195 196 4 196 d ૭ 4 196 198 196 198 198 198 200 200 200 10 200 10 200 10 200 10 200 10 200 11 201 12 202 12 202 11 Page. 14 14 200 201 0 mm 195 195 12 202 14 202 195 195 201 14 202 15 202 203 2 195 2 195 3 196 3 196 2 195 3 196 6 197 12 202 10 200 203 1146 INDEX TO BOARD ACTS. COURT HOUSE AND CITY HALL. COUNTY AUDITOR- Sign and keep record of bonds.... COUNTY OF HENNEPIN- Final accounting with city.. Payment of principal and interest of bonds, County series.... COUNTY SINKING FUND-See Sinking Fund. COUNTY TAX- Payment of County series... COURT HOUSE AND CITY HALL- Designation of site..... Public Buildings to be erected thereon. Board of Commissioners designated. Term, vacancies, compensation, etc. President and Treasurer. DAMAGES- Secretary and agents. Treasurer's bond Acquisition of block seventy-seven Purchase of site, condemnation. Conveyance to County and City. Rules and By-Laws.. Sale of block seventy-seven, by Board of Education. Bonds for purchase money. School house property may be condemned. Appointment of Appraisers, duties, etc. Hearing award, confirmation, etc. Appeal case to District Court... · • • • • • • • Access to building.. Deeds, when completed Issue of bonds.. Interest payable semi-annually Limitation of amount of interest. • • Judgment of Court, final….. Award, etc.. to be recorded. Receipts and certificates. Evidence of title to land. Building to be erected. Character of building. Board to advise with Council Committee. No prison labor product.. Erection of Court House first, City Hall delayed. • • • • · • ·· • • • • • · · · To be appraised... Not to be paid, when. To be paid owners. Building and land to be separate. When more than one owner. Paid by Board……. May be deposited with Court. In case of appeal. To be determined by jury, when. • · • · Sale of bonds, etc.. Bonds, "County series" and "City series" Bonds a lien, when. Bonds, how issued and signed, record. Not obliged to issue equal amounts. Bonds, each series limited... Bond proceeds, how applied. Accounting between city and county Sale of bonds from time to time, adjustment of interest. Final accounting, books of account.. Tax for County series, County Sinking Fund Investment of County Sinking Fund. Tax for city series, City Sinking Fund. City debt limited.. Countersigning evidence of legality • • • • • • • • • • • • • · • • • D • • • • • • · • • • • • • · • • 1 • • • · • • • • Sec. 11 12 202 13 202 13 202 HHQ Ql co co co +++ - 10 10 in to 1 194 1 194 195 2 3 ? 195 196 3 196 196 196 196 196 3 4 4 4 Page. 201 4 196 5 5 196 196 196 196 197 6 8 199 8 199 9 200 S 200 9 200 10 200 10 200 10 200 10 200 10 200 10 200 10 200 11 201 11 201 11 201 11 201 5 6 11 201 11 201 11 201 11 201 12 201 12 201 12 202 12 202 12 202 13 202 13 202 14 202 15 203 15 203 7 7 6 196 6 197 6 197 6 197 6 197 198 198 7 198 S 199 INDEX TO BOARD ACTS. 1147 DEEDS- To site For Court House, to County For City Hall, to City. DELAY- In erection of City Hall... DENOMINATION— Of bonds COURT HOUSE AND CITY HALL. DESCRIPTION— Of lands to be taken. DESIGNATION OF SITE- Court House and City Hall... DISHONEST PRACTICE- Commissioners not to allow. 66 66 6. 66 DISPUTED OWNERSHIP Amount to be deposited.. ERICKSON, OLIVER T.- Member of Commission. EXECUTION OF DEEDS- By President and Secretary FINAL ACCOUNTING— Between County and City... FRAUD- Commissioners not to allow. 66 66 66 FURNISH- Public Building GUARDIAN— District Judge may appoint. Notices to be served on….. GOVERNMENT- Of Board of Commissioners. - LIEN- Ade Bonds, when LIMITATION— Of Agents and Employes. HENNEPIN COUNTY— Deed for Court House site.. INTEREST— On bonds Adjusted INVESTMENT- County Sinking Fund. JOHNSON, EDWARD M.- Member of Commission (additional). LEGALITY- • • • • • Delay in erecting City Hall. Time bonds are to run. • Countersigning of bonds evidence of.. • Interest on bonds. Amount of bonds. City debt LORING, CHARLES M.- Member of Commission.. MARECK, TITUS— Member of Commission... MORTGAGES- On land to be taken.. OBJECTIONS— Manner of making. Certified copy OSWALD, JOHN C.- · Member of Commission.. • • • • • • ... • • • • • • • • Sec. 10 10 200 10 201 10 201 11 6 1 3 wo w 3 7 10 12 3 cu co 10 7 7 2 195 10 11 12 Page. 13 200 201 11 197 195 3 196 194 te 195 196 198 201 4 196 4 196 202 200 198 198 201 201 202 2 195 202 15 203 201 10 200 11 201 11 201 12 201 15 203 195 2 195 6 197 8 199 S 199 2 195 1148 INDEX TO BOARD ACTS. OWNERS- To be awarded damages... To be heard by Appraisers. To be paid for buildings. Names to be given in schedule. When not found.... To give notice of removal of buildings. COURT HOUSE AND CITY HALL. OWNERSHIP IN DISPUTE— Amount to be deposited.. PAR VALUE- Sale of bonds Manner of making objections.. 66 66 66 66 • Investment D POSSESSION— Not taken until payment is made. PRIMA FACIE EVIDENCE- Records PRISON LABOR- Not to be employed.. PROCEEDS OF BONDS- p Not less than par value. Proportionate shares SALE OF BUILDINGS— Appropriation of proceeds... SCHOOL PROPERTY- Condemnation of • Register of Deeds, to make in detail. Of bonds issued How applied PUBLIC GROUNDS AND BUILDINGS- Council Committee to advise Commission. RECORDS- REMOVAL OF BUILDINGS To be accomplished in thirty days.. In case of failure to remove. SALE OF BONDS- TREASURER— • SCHEDULE— Of appraisement SECRETARY- Board may appoint, compensation.. Give notice of proposed confirmation. Make certified copy in case of appeal. In case of additional appeals. SERVICES— Board to receive no compensation.. SINKING FUND—(City)— • Board of Commissioners.. Payment of principal of bonds.. 66 66 66 66 66 In appraisement proceedings. SWENSEN, LARS- Member of Commission... SWIFT, JOHN- Member of Commission... TAXES Election, term, bond, etc. • SINKING FUND-(County)- Payment of principal of bonds. Investment of fund.. STATEMENT OF COSTS- Payment of bonds, County Series.. Payment of bonds, City Series. TERM OF OFFICE- ·· • · • • • • • ·· • • • Sec. 6 196 6 197 6 197 6 197 7 198 7 198 8 198 8 199 7 11 7 10 12 10 9 200 9 11 7 7 5 6 Page. 2 198 201 198 6 11 201 12 202 200 7 198 ૭ 201. 200 ૭ 200 201 198 198 3 196 6 197 8 199 8 199 196 197 14 202 14 203 14 203 202 13 13 202 195 2 195 197 195 13 202 14 202 195 3 196 INDEX TO BOARD ACTS. 1149 VACANCIES— Board of Commissioners. How filled WASHBURN, WILLIAM D.- Member of Commission. • • COURT HOUSE AND CITY HALL. ACT, PROVISIONS OF— BOARD OF TAX LEVY. Composition of Board.. President and Secretary Meetings and quorum.. Majority vote to decide questions. Fix maximum rate of taxation.. · • • • • General City Tax rate.. School Tax, Park Tax and Library Tax rate. Reduce maximum Record of proceedings. · Transcripts prima facie evidence. County Auditor to certify results. To be transmitted to County Commissioners. Also, to Council and City Boards. No tax levied in excess of limitation, excess of levy void. • • • • • • • • && Sec. THQQI QI QI Q Q Q Q2 m m m m 2 195 1 2 204 1 204 2 2 2 2 2 2 3 Page. 3 19. 195 3 204 204 204 204 205 205 205 3 205 205 205 205 205 ✓ INDEX TO RULES OF CITY COUNCIL. RULES OF ORDER- President or Vice-President to preside. Roll-call and quorum.. Reading of Minutes, approval, etc.. President to decide questions of order. Decision final unless appeal taken... Members declining to vote, how recorded. Three members may demand yeas and nays. Motions to be in writing, exceptions.. Motions withdrawn, when and how.. Members to be recognized by chair, when. Debate, how limited • • • Previous question, how put and effect. Amendments, how not disposed of.. • • • Interruptions, when and how permitted. Violation of rules, calls to order.. Entitled to floor, President to decide. Adjournment, motion in order, when. Committees to report facts and opinions.. Chairman of Committee entitled to floor first. Reception, acceptance and adoption, effect of. Motions permitted, pending debate, precedence. To lay question on table, not debatable.. Committee of the Whole-Chairman, how selected. Same-Rules to apply, exception. Same-May rise at any time. Same-Record and report.. • • • • • • • • • .. • · · • • • Subsidiary motions governed by main question. Ordinances, how introduced .. · • • • Clerk to transmit copy to Mayor.. Aldermen, name of entered on Journal, when. Reconsideration, motion by whom and how. Notice may be given, effect of same………. Clerk to retain matter pending reconsideration. Motion not in order a second time... • · • • Same-Two readings at different sessions. Same-If urgency, two-thirds may permit at same session. Same-Readings by sections for amendments. Same-Final passage • · • • • • · D ❤ Roberts' Rules of Order, the guide when no rule. Rules, how suspended, altered or amended.. · · • • • • Keep papers, etc., intact and report loss of documents. Standing Committees Order of business... • • • • · • • • • Who may make motions at subsequent session. Motion to reconsider not made unless as many members are present as when notice given.. Petitions, etc., how presented. Clerk to keep correct record. Notify Committees, Aldermen and city officers. • · • • • • • • ● • • 206 206 206 206 206 2 206 1 HHHQ Q 3 + 1 ∞ ∞ ∞ 1 1 1 2 206 206 4 206 3 5 207 6 207 7 207 8 207 ২৩ তে ৩ে তে তে তে ২৩ হত হত ২৩ ২৩ 9 207 10 207 11 207 11 207 11 207 12 207 13 208 14 208 15 208 16 208 17 208 18 208 19 208 19 208 20 208 21 208 21 208 22 22 QQ M † 10 10 10 10 23 24 Page 25 25 25 25 OL QI N N N N N -1 6 8 26 27 208 208 28 208 25 209 29 208 208 25 209 209 209 209 209 27 209 209 27 209 209 210 30 210 31 210 INDEX TO ORDINANCES. ABATEMENT- Of nuisances by owners and occupants of premises.. Of nuisances on notice from Commissioner of Health. ACCOUNTING— Ordinance adopting the system of bookkeeping and accounting prepared by Jones, Caesar & Co..... Ordinance adopting the system of internal check and auditing devised by Jones, Caesar & Co., and approving the new books and forms installed by them in the various depart- ments of the city ADDITIONAL- City Workhouse established, etc.... ADDITIONS— • Ordinance to designate the material and size of plats of addi- tions to the City of Minneapolis.... ADOPTION OF BOND ACT- Ordinance accepting bond act of April 12, 1893. Ordinance accepting same act as amended.. ADVERTISING DEVICES- Placing same on any fence, building, bridge, sign board, lamp post, telegraph post, etc., prohibited... AGENTS, PORTERS, RUNNERS AND SOLICITORS- Ordinance to regulate and restrain same in Minneapolis.. ALDERMEN- Demand by for appointment of any person to office, etc., pro- hibited • AMERICAN UNION TELEGRAPH COMPANY- Grant to AMERICAN DISTRICT TELEGRAPH COMPANY Grant to AMERICAN TELEPHONE AND TELEGRAPH COMPANY- Grant to ANIMALS- · • ··· • ASHES- How to be kept-Where not to be kept.. Not to be thrown, left or deposited on streets, alleys, etc. Not to be thrown in catch basin, sewer or drain.... Not to be deposited on any street. alley, lot, vacant place, river. creek, etc. • Ordinance concerning pounds and to prevent animals from run- ning at large Ordinance to prohibit cattle and other animals from running at large, etc., and to regulate the herding of the same. Cruelty to animals prohibited... Dead animals, etc., not to be deposited or left in any street, avenue or alley ANTI-TOXIN— Sales of any virus, therapeutic serum, anti-toxin, etc., to be reported by druggists to Commissioner of Health.. Penalty for violation of ordinance.. APPOINTMENT TO OFFICE, ETC.— Demand by Aldermen for same prohibited.. AREAS Under sidewalks-Provisions for hydrants-Wall around same.. 12 ART COMMISSION- Ordinance providing for the creation of an Art Commission in and for the City of Minneapolis. • • Sec. • 707 7 731 • • 6 20 870 6 958 1 2 959 931 944 945 946 670 952 597 598 603 735 738 874 $67 731 731 952 907 957 12 375 1 865 25 909 34 715 # 1152 INDEX TO ORDINANCES. ASSESSMENTS, SPECIAL- Cancellation of special assessments in certain cases. Special assessments and annulments, record of same by City Comptroller-Notice to owners of refund due…….. ASSISTANT INSPECTORS OF BUILDINGS- Appointment, qualifications, discharge, examinations, etc. Electrical Inspector, appointment, powers, duties, etc.. 66 66 (6 (C CC 66 ASTROLOGERS— License fee-Residence in city required-bond.. AUCTIONEERS— Required to be licensed.. Yearly license fee $100. • · To state whether articles are of gold, silver or base metal, etc. -To state what articles are plated with-To retain pro- ceeds of sales 24 hours-To refund purchase price, when— To keep same separate and distinct fund, when.... License not to be issued until authorized by City Council... AUDITING— Prohibited, where BASEBALL GROUNDS- D street and sidewalk Cloth awnings to be not less than 72 feet above street and sidewalk Framework of to be of metal-Height above sidewalk.. BEGGARS- • BANNERS- Holiday and society banners may be hung over streets, when- Height above street BARBED WIRE FENCES- .. Ordinance to regulate roller rinks and baseball grounds and to designate where the same may be located or carried on.... Wrestling or boxing matches not to be permitted on same on Sunday • BASSETT'S CREEK- Ordinance to prevent the obstruction of.. BATHING AND SWIMMING IN MISSISSIPPI RIVER……. BAWDY HOUSES- Penalty for visiting same. Ordinance to punish vagrants and street beggars... BELLS- To be attached to horses and mules when driven attached to sleigh, sled, or other vehicle on runners.. Ringing bells, gongs, triangles, etc., on streets to give notice of auction sale prohibited.. BERRIES AND SMALL FRUITS- Ordinance providing for the measurement of berries and small fruits • BETTING- On horse racing, games, contests, etc., and aiding or abetting same unlawful BICYCLE, PEDESTRIAN OR SKATING CONTEST, ETC.— License fee : Sec. 1 1 Ordinance adopting the system of internal check and auditing devised by Jones, Caesar & Co., and approving the new books and forms installed by them, etc……….. AUDITORIUMS— Ordinance to regulate the construction of, etc.. AWNINGS- Wooden awnings not to extend into street more than three feet 1 846 Wooden signs and awnings to be not less than 12 feet above 1 Q 2 2 655 1 • Page. 2 655-6 4 658 945 • 955 239 240 311 • 654 651 10 1 865 975 5 959 3 846 298 865 1 880 882 693 874 2 875 880 879 1 881 9 868 913 1 876 5 658 INDEX TO ORDINANCES. 1153 BICYCLE PATHS- Ordinance providing for the construction of bicycle paths or roads upon the public streets of the City for the exclusive use of persons riding bicycles or tricycles. Ordinance to provide for the construction and maintenance of cycle paths in the City of Minneapolis and to regulate the use thereof • • Required to be licensed-Exclusion of minors. Yearly license fee-Not to be within 500 feet of public school grounds or State University.. Ordinance regulating bowling saloons and billiard tables- Same not to be open on Sunday-Penalty. BLASTING POWDER (See Gunpowder).. BOARD OF CHARITIES AND CORRECTIONS— — BICYCLES- Not to be ridden two or more abreast on cycle paths and streets, when-Signal when passing from rear-Opportunity to pass Maximum speed-Not to be ridden on sidewalks..11 868-9 BILL POSTING- On any street, sidewalk, alley, horse block, gutter, curbstone, catch basin, hydrant or public place in City prohibited..... 20 870 BILLIARD TABLES- 1 654 • Ordinance requiring said board to furnish from the city quar- ries crushed rock for macadamizing streets BOARD OF SINKING FUND COMMISSIONERS- Ordinance appointing a Board of Sinking Fund Commissioners and defining its duties BOOKKEEPING AND ACCOUNTING— Ordinance adopting the system of bookkeeping and accounting prepared by Jones, Caesar & Co………….. BREAD- BOOKS- City Comptroller to check books of Registrar of Water Works, City Treasurer, City Clerk, Clerk of Municipal Court, and all other receiving officers... ·· BOND- Of Plumbers-Water bond $2,000. BOND ACT- Ordinance accepting bond act approved April 12, 1893. Ordinance accepting same act as amended... BOULEVARDS— Ordinance establishing and designating the width of, etc. BOWLING SALOONS- Ordinance regulating bowling saloons and billiard tables.... Proprietors not to permit same to be open on Sunday-Penalty. Wrestling and boxing matches, etc., on Sunday prohibited.. BOXES AND BARRELS (See Piling of Empty Boxes and Barrels). BRANCH GAS AND WATER PIPES AND SEWERS 66 Ordinance requiring same to be laid to front line of lots on streets ordered to be paved, etc.. BREACHES OF THE PEACE- Ordinance relative to misdemeanors and disorderly conduct..... Ordinance to establish a standard loaf of bread, etc., and to provide for its inspection... 66 BRIDGES- Driving cattle and mules on bridges across Mississippi river.... Bridge established at 32nd Avenue North over Mississippi river. Over railway tracks on Second Street North. Near Steel Arch Bridge-Minneapolis Eastern Ry. First Street South-Minneapolis Eastern Ry….. 66 66 (6 · D Fifth Avenue Southeast-Minneapolis Eastern. Sixth Avenue Southeast-Minneapolis Eastern. First Street South-Minneapolis Western Ry. • · • • · Sec. • • • • 2 655 1 880 391 • 2 10 • • • • 1 3 Page. 2 858 00 00 00 00 00 10 859 956 926 959 955 892 945 946 814 880 880 881 392 909 845 845 557 403 3 406 3 407 3 410 3 410 3 413 873 701 1154 INDEX TO ORDINANCES. BRIDGES-Continued. Tenth Avenue South-Minneapolis Western Ry.. Viaduct in Second Avenue Northeast from Main Street to Harrison Street-Bridges at Main Street Northeast, Second Street Northeast, University Avenue Northeast, Fourth Street Northeast, Fifth Street Northeast, Seventh Street Northeast, and Central Avenue... Additional bridges at Twenty-fifth Avenue Northeast, Broadway and Central Avenue Viaduct under tracks at Como Avenue and Tenth Avenue South- east Western Avenue and Holden Street. First Street North-Great Northern. Extension of Holden Street and Western Avenue bridges.. Fifth Avenue South near Twenty-ninth Street-C., M. & St. P. Ry. Co. Thirty-first Avenue South across "Short Line" Seventeenth Avenue North Three steel plate girder viaducts over Plymouth Avenue. First Street North Fifth Street Southeast-Minneapolis Union Ry. Co. Sixth Avenue and Main Street Southeast. Hennepin Avenue near Suspension bridge. First Avenue North over railway tracks. First Street North-St. Paul & Northern Pacific Ry Marshall Street • • · · • · • • • Bridges over certain tracks to be constructed after 1925, etc... Railroad bridge over Plymouth Avenue and Tenth Avenue North Iron bridge on Fourth Avenue North over railway tracks..... Double track iron viaduct over Twentieth and Twenty-first Avenues North • Bridges at Harvard and Union Streets. Separation of grade and bridge at Como Avenue. Bridges or viaducts when ordered by City Council. Bridges or tunnels, City Council may order.. Railway bridge over Mississippi river to Nicollet Island and from Nicollet Island to Boom Island. BUILDINGS- • • · • • • • • • Construction, alteration, maintenance, repair and removal of buildings · • · • Amendment to Sec. 156 of last above mentioned ordinance. Construction, etc., of theaters, opera houses, auditoriums, halls, and buildings used for public assemblage. Burned buildings • · • • • • • • Installing, running and maintaining electric wires. Gas fitting and inspection of same. Licensing of plumbers Construction and removal of buildings within fire limits. A nuisance, when-Abatement of same. Erection and removal of buildings-License to place building material on streets, or remove buildings thereon-Mayor may grant license and revoke same at will-Effect of li- cense-Removal across car tracks, when permitted-Not to stand on street in same place over 24 hours-Injury to property prohibited-Permission, conditions and restric- tions-One-third of roadway only to be occupied... Destroyed or partially destroyed by fire or otherwise. BUILDINGS-(Construction, Etc.)— • • • • •* • Ordinance to regulate the construction, alteration, maintenance, repair and removal of buildings, etc. Election of Inspector of Buildings, etc. Preliminary requirements Definitions Quality of materials • → Sec. 4 413 2 415 3 • 4 415 419 420 421 • 1 432 435 479 480 474 10 485 10 486 10 486 10 487 4 474 2 490 1 1 4 1 494 3 495 4 495 02 m m in m 2 506 506 507 533 535 3 Page. 3 5 3 415 1 • ▸ 553 298 310 311 364 366 369 6 373 237 974 4 866-7 310 237 237 240 242 243 INDEX TO ORDINANCES. BUILDINGS—(Construction, Etc.)-Continued— Calculation of strength of materials... Floor loads and temporary supports. Excavations and foundations Walls, piers and partitions. Chimneys, flues, etc. Stairs, entrances and exits. Areas · Dangerous and unsafe walls and buildings.. Tenement, apartment and flat buildings, dwellings. Miscellaneous provisions Buildings within the fire limits, etc. Fire proof buildings, construction. Skeleton construction Fireproof construction • • · • · · · Iron and steel construction. Slow burning, or mill construction, buildings. House moving Fire escapes and stand pipes. Elevators Plumbing Violations, penalties, etc. Inspector of Buildings-Election, term, removal, qualifications, examination, subjects Official oath, bond, office duties, powers. Examining Board, how composed, chosen by Council, time and place of examination, notice of same, subjects, who may take, report to Council.. • • • • • • · Record of permits, buildings constructed, size, cost, etc. Inspection of buildings, notice, failure to inspect, penalty. Inspector to sign all permits, notices, etc., make complaints, keep register of all transactions of his office, and submit quarterly statements • • Disputes, referees to determine same, how chosen, decision in writing final • · Inspection of buildings being erected-Record of violations of ordinances, etc. • Dangerous buildings, examination and record of same. Buildings proposed to be moved, examination and record of same Records to be open to inspection of public. Authority of Inspector and assistants to enter buildings, compel suspension of work, and prohibit use of material and ma- chinery, when Construction of buildings and use of machinery to be sus- pended, when • : Sec. 1 1 1 Authority of Inspector to make tests to determine safety of buildings and machinery Clerks and assistants, appointment, qualifications, discharge.. Further qualifications of assistants, examination, certificate of competency, etc. Inspector and assistants not to be engaged in building busi- ness or furnishing material for same for others.. Inspector to have supervision of electric work, assistant for same, appointment, qualifications, examination, Board of Examiners, certificate of competency... Compensation of employees, Council to fix same. PRELIMINARY REQUIREMENTS... 1155 1 237 1 238 238 1 Page. 1 238 1 238 244 249 251 252 250 264 265 266 267 269 275 277 277 278 283 1 238 1 239 284 284 286 288 291 296 1 239 1 239 1 237 238 1 239 1 1 34 1 239 1 239 1 239 4 239 239 240 3 240 Structures not to be erected, raised, altered. moved, etc., when. 2 240 No work or repairs to be done without permit from Inspector.. 3 Permit for erection, repair, removal, etc., of buildings required, by whom obtained-Erection, etc., without permit unlawful Application for permit 240 240 3 240 240 1156 INDEX TO ORDINANCES. BUILDINGS-(Construction, Etc.)-Continued- Written statement and plans and specifications to be furnished Inspector-Permit granted, when-Copies of plans, etc., to be filed, when-No change in plans without consent of In- spector allowed Repairs without notice to Inspector-Permit for erecting part of building-Permits to expire, when.. Safe load for each floor, statement of same to be made on plans and specifications, when Heating and power plants-Permit for same required—Plans and specifications Violation of permit or ordinance-Notice by Inspector to com- ply with same-Revocation upon non-compliance. Written notice of revocation of permit, how served-Same posted on premises-Working after revocation a misde- meanor-Penalty • • • No building to be raised or built upon in violation of ordinance -Deviations allowed, when.. • • • . .. · • · • • • • · • • DEFINITIONS.. Height of buildings-How measured. Depth and length of buildings, how determined. Private dwellings, defined Apartment house and flat buildings, defined. Hotel defined 12 to 21 Lodging house, office building, warehouse, factory building, public building, frame building, division wall, streets, base- ments, veneered buildings, defined.. QUALITY OF MATERIALS…… Brick, sand, lime mortar, cement mortar Portland cement-Cement other than Portland. Cement and lime mortar, how made.. Concrete for foundations, how made.. Timbers and wood beams to be sound, etc. Wrought iron, qualities, tensile strength. Rolled structural steel, tensile strength. Cast iron, how made, qualities, tensile strength. CALCULATION OF STRENGTH OF MATERIALS. Brick work-Rubble stone-Safe bearings loads-"Ton" defined 32 Concrete, safe bearing load.... 32 33 Dimensions and combinations, how computed. Unit stress, when not prescribed-Working stress prescribed shall be used Tests of structural materials and soils-Direction and super- vision of Inspector of Buildings. Cast iron, extent of loading allowed.. Cast iron columns, how proportioned-Minimum thickness— Height of column allowed-Columns to be drilled when re- quired · • • · • Plate girders, design, construction, and strength. (6 66 66 "C 66 • • • • • · Steel girders, beams, corbels, brackets and trusses, how pro- portioned-Iron girders, etc..... • • • • • • • • · • Sec. • 4 241 • • 4 241 4 241 4 5 Page. 243 243 22 to 25 243 6 5 242 241 242 242 77 242 8 242 9 10 11 241 ૦ ૦ ૦ ૦ ૦ ૦ 242 242 242 25 244 .. • 41 Wrought iron columns, riveted-Maximum load-Formulae— Maximum unsupported lengths.. Gas or steam pipe columns when may be used-when not used -how prepared Working stresses-Safe carrying capacity-Materials-Compres- sion (direct)-Tension (direct) Rolled beams and girders, how connected. Wooden pillars, maximum load. Formulae for same. Girders and joists, maximum loads-Formulae, on what based.. 43 Working capacity of other timber, how computed.. Wind pressure, resistance to-Additional bracing, when-In- 247 42 247 43 247 248 248 43 43 249 crease of working stresses-When may be disregarded. 26 244 27 244 28 244 29 244 30 244 31 244 244 244 245 245 34 245 35 245 36 245 37 245 37 245 38 245 38 246 39 246 40 246 44 249 $ 1157 INDEX TO ORDINANCES. ! BUILDINGS (Construction, Etc.)-Continuea- FLOOR LOADS AND TEMPORARY SUPPORTS. Dead loads-Live loads-Consist of what.... Strength of floors in dwelling houses, etc-Offices, schools, places of public assemblage, warehouses, etc.. factory floors Strength of roofs-Sidewalks over areas-Vertical supports. Reduction of live load, when-To what extent permitted. Loads on floors to be distributed-Redistribution, when.. Strength of existing floors to be estimated by Inspector-Esti- mate to be posted in conspicuous place... Strength of floors to be ascertained and posted in conspicuous places before occupancy, when.. No greater load than estimate to be placed on any floor. Duty of owner or occupant to notify Inspector... Temporary supports under structures, etc., shall be of sufficient strength EXCAVATIONS AND FOUNDATIONS. • • 66 • • • • • Excavations shall be guarded, and sheath-piled, when. Adjoining land and buildings to be fully protected. Foundations-How constructed-How proportioned-Materials of same, how laid • 66 • • • • • Piles, how driven-Number-Dimensions-Maximum load-Sus- taining power, how determined... • • · Test piles-Notice to Inspector of driving-Top of piles, how cut off-Concrete in spaces and on top.. Pile construction under water, thickness, etc.. Metals used in foundations, protection of same. WALLS, PIERS AND PARTITIONS... Walls of buildings, materials and component parts-Inclosure walls • • • • • • Piers and buttresses, materials of—Bearing walls defined. Walls and piers, how bondea, how built-Brick to be wet, when -Isolated piers, how constructed Brick piers, how built-Size-Top to be level. Pressed brick facing, how laid.. Cap-stones or iron plates required, where-Height of piers. Coursed stone construction-Thickness of walls or piers. External brick piers-Reduction of plate.. Thickness of walls of brick buildings-Table of same. 66 66 66 66 66 66 66 · • • • Footings for foundation walls required, when-Size. Curtain walls, thickness of same. Rubble walls, thickness, minimum thickness. Buildings over 50 feet wide, thickness of walls. • • Party wall to be two feet above roof, and corbeled. Recesses in external walls, when.. Openings in division walls-Notice to Inspector-Permit. Hollow walls how tied together-Thickness. · • • • • • • • • · • Brick division walls, thickness. Wooden frame and brick or stone veneered flat buildings more than two stories high not to be built-No flats, etc., above second floor-"Flats," etc., defined.. • • · · • · · • • Brick basement walls how laid-Thickness-Tables applied to exterior and interior walls.... • • • • 45 Bearing walls over 150 feet long, 4 inches thicker, when. Thickness of brick walls of buildings for business and dwellings 55 Dwellings, apartment and flat buildings-Brick walls, thick- ness Sec. 45 45 45 46 47 50 Brick division walls required, when. Flat buildings over two stories high-Outside walls to be of brick, etc.-Division walls Veneered brick or stone buildings over two and one-half stories high unlawful 59 50 10 10 47 250 47 250 47 250 48 250 251 251 49 49 251 10 10 10 10 10 53 Page. 50 251 50 251 251 252 50 53 54 54 54 249 249 249 250 250 250 51 252 250 52 252 888888 52 252 53 252 53 252 53 252 252 252 252 253 253 253 59 251 251 56 253 57 254 254 254 254 59 254 60 254 61 255 62 255 63 255 64 255 65 255 66 255 67 255 68 255 1158 INDEX TO ORDINANCES. BUILDINGS (Construction, Etc.-Continued. Hollow brick for inside course of walls, when used—Bonding same-Walls to be of sufficient strength..... Exterior walls faced with stone-Backing of brickwork required -Thickness Stone cornice, how placed Brick walls-Heading courses-Flemish Headers-Diagonal headers-Metal bonds, when and how used... Ashler facing-Thickness of backing-How tied to backing- Backing when facing is less than 4 inches thick.………….. Construction of wall on wooden girders, etc., unlawful-All supports to be of iron.. • ·· • No timber to be used in wall, except arched forms, where. Party walls, where and how anchored-Wall anchors.. Piers and buttresses, materials for.. Iron, steel or wooden girders, substituted for partition walls, • • when Trussed roofs or ceilings-Walls supporting same, how thick- Increase and decrease in thickness-Kind of brick re- quired Height of walls above another wall, in construction of build- ing—Bracing Floor beams and joists, bearings-Ends of floor beams and raft- ers, how cut • • Trimmers and headers, to be hung in stump irons, when. Partitions to be directly over each other, when. Roof and floor timbers, not to go through wall.. Iron and steel girders to rest on stone templates-Iron wall plates used instead Wooden girders to extend at least 8 inches into wall. Floor timbers not to enter chimney wall.... • • • • ❤ • • • D • · • • • · • • • · • • • • • 85 257 86 257 87 258 258 89 258 258 90 Walls or chimneys furred with wood-Projection of brick work 88 Scantling partitions not to support floor or roof, when.. Cutoffs in partitions required in schools, churches, etc. Brick and hollow tile partitions may be built, when and how Foundations, girders, columns, piers.. Rubble masonry work, how to be bonded-Ledges to support joists or beams. · • · • • Sec. • 69 255 70 255-6 71 256 72 256 73 Page. 78 74 256 75 256 76 256 77 257 79 Existing party walls may be used, when.. 94 258 Lining existing walls-Increase in height, how done-Thick- ness of lining-Anchors-Linings in basement.. Height of buildings hereafter erected not to exceed 150 feet.. 95 Height of stories-Increased thickness of wall, when.. Ground dampness, etc.-Drainage-Drain tiles. CHIMNEYS, FLUES, ETC. 259 96 259 97 259 259 Walls of chimneys to be built of fireproof material—Smoke pipes from stoves-Chimneys in one-story buildings—In masonry walls-In brick walls... con- Brick flues, inside construction-Stone chimneys, how structed-Certain flues prohibited-Height of chimneys above roof-Area of flues-Tin or sheet iron flues not al- lowed, when Timber not to rest on chimney walls-Corbeled brick fire stops used where--Thickness of certain brick chimney, etc., here- after erected-Hollow walls, when-Fire brick lining-Ex- tension above roof-Height of certain chimneys-Flues in party walls • Chimneys in wooden buildings, how to be supported-Not to be built upon brackets.. Furnace and smoke pipes, distance from ceiling. Furnaces set in brick, top how to be covered. Portable furnaces, distance of top from ceiling. 256 257 91 257 80 257 81 257 82 257 83 257 84 257 258 ..98 259-60 92 258 93 258 98 259 98 260 99 260 .100 260 .101 260 102 261 INDEX TO ORDINANCES. 1159 • BUILDINGS-(Construction, Etc.)-Continued— Hot air registers to be set in iron borders-Open space re- quired Outside space, how covered..... Gas, water and steam pipes in other than dwelling houses, how let into beam Hearths of fireplaces or grates, how laid-Backs of same, thick- .104 ness Metallic chimneys to be anchored or guyed-Fireproof pro- tection in passing through floors, etc.-Metal jacket re- quired, when .106 Metallic smoke pipes passing through wood or plastered stud partitions, how surrounded-Thimbles-Distance from woodwork-Woodwork to be covered…….. • Winding stairs prohibited, exception. AREAS. • • • · Metallic smoke pipes to be 16 inches from woodwork, when- Two feet from woodwork, when.. Isolated smoke stacks-Foundations and superstructure-Ma- terials-How constructed-Width-Load on-Double walls, when-How constructed-Base, upper part-Top, how capped-Cleaning door and iron ladder-Brick, quality, how laid-Openings for breeching.... Wrought iron or steel stacks-Base plates-Iron rods in foun- dation-Bracing-Fire brick lining, when-Height of stacks -Top to be covered with wire netting, when... Cupola chimneys of foundries-Height above roof-Wire net- ting cover required.... . • • • • • • • • • • · • • · • . • • • 112 263 113 263 Boilers, where and how placed. Stoves and ranges, how set-To be on hearths, when-Not against wood partitions, when-Not to be used in certain buildings until examined and approved by Inspector. 111 263 Receptacles for ashes to be of incombustible material. Drying rooms, how lathed, plastered, etc. Bake ovens, foundations, where placed, how constructed. 114 263 Boiler rooms, how protected-Partitioned off, where—Fireproof material-Openings to be protected with iron doors, to be closed at night.. Dangerous chimneys, heating apparatus, etc.-Notice to owner to make same safe-Neglect to comply-Penalty. STAIRS, ENTRANCES AND EXITS.. .115 Stairs, number of lines required Stairway increased, when- Width of stairways Fireproof shaft, etc. Stationary ladders required, where.. Entrance to basement-Staircases required-Number. Stairs in apartment or flat buildings, etc. Stairs in school buildings.. • • • • • • • • • * • • • • • • • • • • • • • • 117 264 118 264 .119 264 120 264 121 265 122 265 265 Permits for area walls. 123 265 Stairway areas-Extension into sidewalk-Protection of. 124 265 Stairways at street corners. 125 265 Use of streets under sidewalk-Retaining wall, etc. 126 265 Sidewalks over areas-Wall or I beam supports-Strength of..127 265 Sidewalk arches, how constructed-Arches between beams- • • • • • • • Kind of brick..... Openings in sidewalks, how covered-Hinges. Outside stairways from sidewalk prohibited. DANGEROUS AND UNSAFE WALLS AND BUILDINGS... Same Unsafe machinery, etc.-Notice to Owner to remove same-Owner to make same safe.... Burned buildings-Dangerous walls-Examination by Inspector -Notice to owner or agent to tear down or make secure― Refusal of owner or agent-Removal by Chief Engineer, when-Removal by contractor, when-Cost-Special assess- ment-How collected · • • · • · • • · • · • Sec. .105 261 .108 262 103 .107 261 Page. 261 108 262-3 261 .107 262 261 116 109 263 110 263 263 264 264 128 265 129 265 130 266 266 131 266 .131 266 1160 INDEX TO ORDINANCES. > BUILDINGS (Construction, Etc.)-Continued— Unsafe walls and buildings-Notice to tenants of adjoining property Penalty for violation of provisions of section-Failure to com- ply, each day a separate violation... Danger cards-Unsafe buildings-Inspector to post notice of same-Removal of notice-Penalty. Debris to be dampened, when.... TENEMENT, APARTMENT AND FLAT BUILDINGS, ► • • · ► • • • • • • • DWELLINGS.. Same over four stories in height to be fireproof. Stairways, two or more required-Partitions adjacent to stair- ways, how constructed... Woodwork to be clear of flues and chimneys. Foundation walls for dwelling houses, thickness. Wood structures, height of... etc., how constructed-Brick Dwelling houses with walls of concrete blocks, cement blocks, facing, when-Anchors- Length and height of walls-Crushing strength of material -Use of building limited-Walls of solid brick work......139 .139 268 Hollow concrete blocks, use of in buildings of 4 stories or less -Composition of blocks, how mixed-Percentage of hollow · • ► • • • • • · · • • • • • • space Same-Age of blocks before use-Hollow space to be filled with concrete, when-Extent of filling-Maximum load- Blocks not to be used, when-Piers and buttresses to be built of solid concrete or solid concrete blocks-Lintels and sills, how reinforced-Manufacturers and users of blocks to make tests as required by Inspector-Cements to stand tests, etc.-Blocks not standing test to be destroyed -Blocks not to be used until accepted by Inspector. .139 269 MISCELLANEOUS PROVISIONS. Buildings not to project beyond building line, except as al- lowed 269 140 269 en- Window trimmings-Plinths and columns of porticos and tries-Steps or stairs-Bay and oriel windows-Extent of projection permitted-Not to project, when. Brackets may project, when.. Iron bars not to be driven into roadway-Posts for guy lines, where may be set up-Guy ropes... Red lights, when and where to be placed.. Walks around building material, where to be laid-To be kept clear for passage-How constructed-Connection with side- walk-Fence 4 feet high required-No sidewalk required on paved streets Completion of sidewalk and fence required before building operations-Permit from Mayor to occupy street.. Covering over sidewalk required, when and where. Sidewalk and fence to be kept in repair.. Gutter or waterway not to be obstructed Removal of paving or curb-Permit to issue, when-Permit from City Engineer-Deposit to defray cost of relaying and re- setting .131 267 • • • • • • • • •· • · • .139 · 132 267 133 267 • · 131 266 Sec. • 134 • Smoke houses, how to be constructed-Openings into other buildings-Iron doors or shutters... Page. 135 267 136 267 137 267 138 268 .144 270-1 • 267 267 140 270 141 270 142 143 .145 271 146 271 147 271 .148 271 - 268 Fireproof shaving vaults, capacity of-Daily removal of refuse Combustible refuse not to accumulate.. Rain water leaders-Water from roof not to flow on sidewalk.155 Sign hangers, etc.-See sec. 156 as amended.. 272 Scuttles on flat roofs-Bulk-heads and doors-Stationary lad- ders-Obstructions-Guards or hand rail-Size of scuttles..151 Scuttle or bulk-head not to be locked-How may be fastened..152 272 Skylights-Iron construction 153 272 270 270 150 271-2 149 271 ..154 272 272 974 INDEX TO ORDINANCES. 1161 BUILDINGS (Construction, Etc.)-Continued- Sign hangers-License required, when to be obtained-Bond, sureties and conditions.... ·· Permit to install signs required-Fireproof material, when- Wooden signs not permitted, where-Projection over side- walk, height-Signs on roofs-Electrical signs, how wired.156 273 Awnings-Framework-Height above sidewalk. Permit for erection of signs-Application to state size, cost, materials, etc.-Plans and specifications to be furnished, when-Permit not required, when-Non-compliance, pen- 156 273 · • 156 273-4 alty 157 274 Decorations in stores, unlawful to use certain materials. Public halls, how constructed-Hand rails for stairways. 158 274 Public halls-Exits-Aisles to be unobstructed.. .159 274 Elevation of public halls and theaters above street-Main floor · • • • • · • • • • • Public halls to have standpipes, when.. Windows required in sleeping rooms, when-Size-Light shaft- Ventilating pipes-Windows Livery, boarding, sale and exchange stables-Application to City Council for permit to build, etc.-No permit to issue with- out approval of Council... BUILDINGS WITHIN THE FIRE LIMITS, ETC.. Exterior walls of, how constructed-Increase in height of wooden buildings-Permit-Sheds may be erected, when- How constructed-How not to be used.... Frame buildings within fire limits, unlawful to repair or alter, when ► • • • • • • • • Roofs, etc., in fire limits, how to be made-Tar, etc., on roof not to be exposed-Composition roof to be covered, how- Roof of photographer's printing room-Elevator shafts, extension of, how constructed.. Appendages to business buildings above first story-What con- sidered appendages • • • • .162 274-5 • • .160 274 161 274 • Cornices-Replacement of When to be taken down. Temporary sheds, when to be removed…………. Outside wooden stairs, where may be constructed. BUILDINGS-FIREPROOF CONSTRUCTION. Fireproof buildings-Fireproof construction, when required- Hotels. etc.-Buildings to be fireproof, when-Mill con- struction-Stairways and elevators with fireproof shafts and doors-Warehouses already erected-Buildings in fire limits of over two stories-Windows, exceptions-Wood- work not allowed, where-Exception... SKELETON CONSTRUCTION.. • 156 272 Sec. • • • Definition-Framework-Pillars-No cast iron to be used. Thickness of walls-Wind bracing-Curtain walls, thickness. when increased-Cast iron columns-Interior pillars, cast iron FIREPROOF CONSTRUCTION Definition of "fireproof construction" Materials used for fireproofing-Doors, etc., how to be faced Iron or steel supporting members. how to be protected- Joints to be full and solid-Support of enveloping ma- terial-Strength of steel plates-Terra cotta, use of, how to be backed-Hollow tile, how used-Cement concrete, use of, upper surfaces, how covered-Re-enforced concrete, how to be constructed-Definition-Stresses-Plans and specifications to be filed before permit is issued-Tests and acceptance Mixing of concrete-Tests of same, how made-Materials-Wet mixture-Mixing-Placing-Removal of forms….. Page. 164 163 275 275 .166 276 • .167 276 168 276 169 276 170 276 277 165 275 275 171 277 277 172 277-8 173 174 278 278 278 175 278-9 .175 279-80 1162 INDEX TO ORDINANCES. BUILDINGS—(Construction, Etc.)—Continued- Cements required-Tensile strength-Certified statement of re- sults of tests-Copy of same to be filed with Inspector- Other tests, when... Sand-Crushed stone and gravel, how prepared-Re-enforcing, how enclosed, how disposed.. Re-enforced concrete-Stresses-Adhesion of concrete to steel -Tensile strength not considered-Shearing stresses, pro- vision for-Lapping • ·· • Bending of beam and girder steel-Floor plates and slabs- Distance-Amount of steel required……. Columns-Re-enforced concrete may be used, when-Rods, how tied-Vertical rods-Milling-Bearings and joints....... 175 281 Crushing strength, no allowance for, when-Concrete not to be used, when-Use before setting.. • • • 175 New and old concrete work-Hot weather construction-Freez- ing weather construction-Thawing, etc.-No concrete work, when Load tests, to be made by contractor, when-To sustain what load, etc. Re-enforced concrete walls may be used, when-How propor- tioned, etc.-Condemnation and removal of work and ma- terials • • .....175 280 • • • • • . • • · Internal fireproofing-Coverings to be approved by Inspector- Columns and pillars, how protected... Iron and steel beams and girders-Hollow tile, use of, how- Terra cotta--Covering of beams, how applied-Filling, ma- terials of-Test may be required by Inspector-Brick arches, thickness-How laid-Hollow arches, thickness- Flanges and web of beams, protection of Plastering on wire or metal lath, not considered fireproofing-Nor cin- ders concrete • • • · • • IRON AND STEEL CONSTRUCTION. Columns, how made, etc.-Bridge plates. Trimmer beams, etc.-How framed, connected, strapped and anchored-Iron templates, when to be used-Size and thickness SLOW BURNING OR MILL CONSTRUCTION BUILD- INGS.. How to be constructed-Partitions-Stud partitions or wall furring of wood not allowed-Height of building allowed- Cast iron columns to be fireproofed-Stairways and ele- vators to be in fireproof shafts-Automatic fireproof doors -Openings not allowed, when.. .175 • • • • • • • • • .175 · • · .175 Sec. FIRE ESCAPES AND STAND PIPES.. Halls and exits to fire escapes to be provided. Fire escapes required, where-Inspector may compel erection of same-Notice to owner, how served-Time limit-Failure to comply with notice, penalty-Continued failure, additional penalty Fire escapes, how constructed. 175 280 175 280 • • HOUSE MOVING……. House movers to be licensed-License, when granted-Bond, how conditioned-License to issue, when.... Permits, licensee to obtain, when-Written consent of Alder- men-Contents-Same to be filed with Inspector-Permit to state route, etc.-Absence of one Alderman, consent of one sufficient-Buildings not to be moved, when.. Overhead electrical wires-Duty to remove same, whose-No- tice to remove wires-Permit to be exhibited-Removal within 24 hours-Expense of removal-Hours for crossing railway tracks .180 • • Page. 175 282 176 177 177 281 282 176 282 282 282 283 283 283 284 .179 284-5 284 178 284 284 285 180 285 286 181 286 182 286 183 286 INDEX TO ORDINANCES. 1163 BUILDINGS-(Construction, Etc.)-Continued- Balconies-Iron stairways, width, railings.. Grates for balconies, how constructed-Frames-Brackets- Railings Standards Circular stairway fire escapes, width and strength-Fire escape ladders, how made-Brackets-Balconies-Railings-Ob- struction unlawful ► • Standpipes, where required. Stand pipes, how constructed-Automatic valves-Hose valves -Hose couplings-No change required, when... ELEVATORS.. • Inspection of elevators-Duty of Inspector to make inspection, how often • " • • • • • • · • • Permit to build elevators must be obtained-Statement or speci- fications to be filed with Inspector-Also working plans, when-Inspector to examine specifications, etc., and issue permit, when-Unlawful to build without permit..... 187 Elevators not to be used until accepted and certificate issued -Certificate to state what.... .188 Unlawful to use elevators after notice of unsafe condition- Unsafe elevators to be put in safe condition-Notice to In- spector when done.... Installation, repair and alteration of elevators-Compliance with ordinance required Principal parts of elevators must be readily accessible. Passenger elevator hatchways, how enclosed-Height of en- closure-Enclosure doors to slide, be provided with lock, and closed, when-Grillwork. • • • · • • · • • • • • • • • • .183 287 .184 287 183 .186 Freight elevator hatchways, how to be enclosed-Height of enclosure-Automatic gates-Not to be full automatic, when-Elevators enclosed by partitions, fireproof shaft or hatchway-Automatic gates required, when-Exception- Spring locks required, when.... Hoisting and counterweight cables, how many-Equalizers re- quired 194 289 Passenger elevator car, how constructed. Automatic down speed governors…….... 195 289 196 289 .....198 Passenger cars with more than one exit to have inside doors..197 290 Operators of elevators to be not less than 18 years of age. .198 290 Passenger elevators, definition of. 199 290 Automatic trip or slack-Cable stop, and automatic brake, when • • · • • • • Sec. 183 287 185 • .189 288 Automatic terminal stops required, where. Electric brakes, how to be applied... Down speed governors on power-driven elevators required, when 203 290 Safety device on cable-hoisted elevators required, when. 204 290 Hoisting cables on freight elevators, how many. Sheaves and drums, size of same. Cables, how constructed.... 205 290 • Page. • 287 .192 289 • • 287 288 .206 .207 288 288 190 288 191 289 Headroom above elevators-Guides and guide posts-Pit of shaft, depth of same-Clearance of counterweights. Double set of guide posts, when.. 208 290 .209 291 .210 291 291 Elevator built in well-hole, when. Tank annunciator to be installed, when-Arrangement of same.211 Record of elevator inspections. 212 291 Power of Inspectors-Authority to enter buildings-Engineer and operator in charge to assist.. Accidents to elevators to be reported and recorded—Examina- tion as to cause of accidents.. PLUMBING.. 288 .200 290 201 290 202 290 • • Plumbers must be licensed. Shall obtain permits, when-No work to be done until permit issues 193 289 290 290 .213 291 214 291 291 .215 291 .216 292 1164 INDEX TO ORDINANCES. BUILDINGS-(Construction, Etc.)-Continued- PLUMBING-Continued. Buildings shall be connected with sewer or cesspool, when- Cesspools, location of .217 Each building shall be independently plumbed-Plumbing and ventilation to be separate-Flat buildings, etc., construed as one building-Private stables, connection with house drain Soil pipe, to be extra heavy-Weight of pipe-How to be coated .219 Fittings and pipe, how to be fastened and laid or suspended- Clean-out connection or hand hole required, where-Size • of same Drains, fall of Special permit, when. Privies and cesspools not to be connected with sewer. Drains, how run-Soil pipe, kind, diameter and location of same -To extend 12 inches above roof-Top to be encased, how • • • Waste pipes, size and weight of-Connections, where made- Kind of pipes-Refrigerators not to be connected with drain pipe, etc. ·· • Wrought iron pipes and fittings, when may be used. Vent pipes, size of same.. Vent pipes to be run straight, etc.-Connections with soil pipe How run through roof-To be encased, how-Size of- Steam exhaust not to be connected with sewer, drain pipe, etc.-Discharge of, where... • • · • · Vent pipes must have an upgrade. Pipes must be removed when not in sanitary condition. Cesspools to be cleaned and filled with earth, when. One trap only between fixture and house drain.... Urinals, floors and sides around same, how constructed. Wooden laundry tubs prohibited-Floor drains. Wrought iron pipe and fittings may be used.. Plaster of paris not to be used in making tests • • • Sewer, soil pipe, etc., of what not to be constructed-Chimney flues not to be used for ventilation. Joints in cast iron pipes, how to be packed. Connections of lead pipes with iron pipes, how made-No slip joints or washers allowed. ..230 Fixtures to be independently trapped-Traps, how protected— Size of vents-Trap screw, where placed-Three or more closets on same run-Vent, where placed-Size-Additional vent pipes, when.. · • • • • • Special permits granted, when-Plan of fixtures, locations and connections to be prepared and submitted to Inspector— Permit to issue, when... Inspector to be notified when work is ready for inspection, how-Work to be left uncovered. Waste pipes, how and where connected.. Tests of plumbing system, how made—Additional test, when -Final test-Certificate of-Plumbing not to be used, when · .231 Special air pipe omitted, when-Trap screw omitted, when..232 Traps, placing same-Rain water leaders to be trapped, where -Inspection and approval by Inspector... .233 Rain water leaders, how made-Connections where-Soil or ventilation pipe not to be used for rain water pipe, when— Traps required, where.... Safe-waste and overflow pipes, where to be run Not to connect with drain pipe, etc. Water closets, how to be supplied with water. Fixtures, kinds of prohibited—Water closets not to be installed, where · • • Sec. • • 218 292 Page. 227 293-4 • 292 220 292 221 292 222 293 • 223 293 .228 294 229 294 292 224 293 225 293 226 293 .235 295 ..236 295 ..237 295 294 294 294 295 234 295 .248 .249 239 295 ..240 295 238 295 .241 296 242 296 243 296 .244 296 .245 296 246 296 247 296 296 296 INDEX TO ORDINANCES. 1165 BUILDINGS (Construction, Etc.)-Continued- VIOLATIONS, PENALTIES, ETC... Violations of ordinance-Each day's continuance a separate of- fense-No building to be constructed contrary to ordi- nance Penalty Repeal of former ordinances. BUILDINGS-(Construction of Theaters, Opera Houses, Auditori- ums, Etc.)— Theaters, opera houses, auditoriums, etc., must comply with ordinance, when • No theater, etc., to be opened by Inspector of Buildings, Chief Engineer of Fire Department and Mayor--Mayor may close same, when, for how long-Certificates of approval... Definitions-Theater, opera house, auditorium, church, concert and public halls Mayor may close same on application of Building Inspector, when-Dangerous buildings, closing of by Mayor. Frontage on public highway required-Exits-No theater, etc., to be used as hotel, etc.-Distance from sidewalk line- Fireproof walls, etc.-No doors through fire walls, when.. Open spaces on side of building, how constructed-Separate corridors, when-Fireproof walls, floors and ceilings-Width of open spaces, when not required-Fire escapes.. Height of corridors-Structures over corridors-Gates c • • • • ..• • • • • · .250 296 .251 296 252 297 • • .1, 2 298 and doors to open outwards-Arrangement of same-Not to be kept locked-How to be fastened To be open during per- formance-Open spaces to be used as exits only-No ob- struction of spaces or corridors allowed during perform- -Gradients, how constructed-Same to apply to inner courts, when Exterior walls-To be of fireproof materials-Thickness. Interior walls-To be fireproof and approved by Inspector.. Proscenium fire walls, thickness-Height of coping-Girder above proscenium opening, strength of Orchestra above proscenium opening, where constructed, where entered- Openings through fire wall, where located, area of Fire- proof doors, how installed.. Proscenium frame-No wood, etc., allowed in same-How se- cured Proscenium fireproof curtain-Asbestos curtain, weight of, width of-How to be fastened, supported and operated— Curtain to operate easily, etc.-Approval of Inspector and Chief Engineer-When to be raised and lowered-Foot light, distance of from curtain-Foot light trough.. Skylights or ventilating shafts over stage, area of-How to be installed and fitted up-To be approved by Inspector. Stage floor, how to be constructed. Fly galleries and rigging lofts, how to be constructed.. Stairs to fiy galleries and basement, to be of fireproof ma- terial, width of same.... 16 302 Dressing rooms, to be of fireproof construction-How to be con- nected with stage-Exits-Door from basement under stage, to be fireproof, open outward, etc.-Outside stairway or landing-Stairway area. protection of..... Auditorium-Height of floor above street-Street vestibule.... 17 302 Floors, balconies, galleries, roofs, etc., to be of fireproof con- struction, where-Wooden wainscoting-Front of balcony or gallery, how to be constructed... · • • • • • • • : Sec. • Seats and platforms-Distance of seats apart-How many to intervene between adjacent aisles-Platforms in balconies, height of Angle of ascent-Width of platform-Wood con- struction • 3 Page. 296 298 4 298-9 5 299 6 299 00 6 300 6 300-1 7 301 8 301 9 301 10 301 11 301-2 12 302 13 302 14 302 15 302 18 303 19 303 1166 INDEX TO ORDINANCES. BUILDINGS-(Construction of Theaters, Etc.)-Continued- Aisles, width of. Gradients, when to be employed... Main exits, where to be located-Doors to swing outward- Width of exits-Separate exits, where required-Width of lobby and exits. • Hand rails for stairways, where required-Height of same- Where not required.. ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ Stage exits, where to be located-Width of same.. Emergency exits, number, location and width-To open into open spaces-Emergency exits from balcony and gallery- Outside balcony-Iron stairway, how to be constructed- Landing-Strength of stairway hand rail, approval of In- spector-Exits to be centrally located-Cross aisles-Out- side doors, how covered-Additional aisles, when.. Stairways, how to be constructed-Width of same-Risers, height of No winding stairs allowed-Stairway for bal- cony and gallery-Number, location and width of same.... 25 304 Stairway landings-Stairway between walls of masonry, when -Landings, where required..... · Heating plant-Low pressure boiler, where to be installed- High pressure boiler, where to be located-Fireproof con- struction-Fireproof doors-Radiators not to be in aisles, etc.-Pipes through floors to be encased, etc. • Lighting system-Building to be lighted, where, when, how long-Exception, when-Gas mains-Separate connections, where Separate lighting system, where-Where to be con- trolled-Lights in woodwork, when-Stage lights, guards of, how to be constructed-Other gas lights, how to be protected-Electric lights, how installed-Approval of In- • • 4 • 27 305 Corridors, aisles and passageways, not to be reduced in width 28 305 Workshops and property rooms, location of-Fireproof open- ings-How protected 29 305 • • • • • Stand pipes, etc., to be provided, where Stage stand pipe- Size of stand pipes-Axes, hooks, hose, sprinkler system, fire extinguishers-Hose to be tested, when-Defective hose to be condemned-Competent men to inspect fire apparatus at each performance, etc.-Same to make daily report to Chief Engineer-Sprinkling system over stage-Outside connections, how equipped-Approval of Chief Engineer..31 305-6 Fire alarm system, where to be installed-Boxes, number and location 32 306 Adequate means of egress to be provided, where.. Churches-Doors to swing outward-Seats to be fastened to floor, when-Arrangements of seats-Aisles, width of Main exits, width of... Church floors, height above ground level. Heating plants of churches-Protection of walls and ceilings- Approval of Inspector. Churches to be fireproof, where and when. spector Exits, how to be marked-Red lights, where, when and how long to be lighted-Location of exits to be printed on pro- gram Aisles to be kept clear and unobstructed-Persons not to stand in aisles, etc., during performances.. Owner, agent, lessee or manager to install stand pipes, etc., as required by Building Inspector-Notice by Inspector— Protest of owner, etc., to be filed with Inspector, when- Protest to be presented to City Council to investigate and decide Notice of Inspector to stand approved, when...... 36 What buildings now erected are affected by certain foregoing sections Sec. • • • Page, 20 303 21 303 · 22 303 23 303 24 304 26 304 30 305 33 306-7 34 307 35 307 307 37 307 38 308 39 308 308 40 41 308 42 308 INDEX TO ORDINANCES. 1167 BUILDINGS―(Construction of Theaters, Etc.)-Continued— Revolving doors in department stores, office buildings, etc.— Prohibited, when-Allowed, when-Additional doors-Same to be unlocked..... School houses-Outside stairway from basement, w.e. of same-Additional exits.. BURIAL- · Ordinance relating to certain nuisances. BURLINGTON, CEDAR RAPIDS & NORTHERN RAILWAY CO.- Grants and franchises. BURNED BUILDINGS • CANDLES Stairways in buildings, location, number and construction. Public halls and lodge rooms, where not to be maintained. Concert halls, use of for performances, etc., allowed, when.... 47 Buildings containing public halls or auditoriums must be fire- proof, when and where... 48 49 309 Authority of Building Inspector and Assistants to enter build- ings-Unlawful to interfere..... Chief of Police, duty of to prevent crowding of auditorium.. 50 309 Violations of ordinance-Separate offenses, what constitutes.. 51 Construction, maintenance, alteration or repair of buildings contrary to ordinance prohibited.. Penalty 309 Repeal of previous ordinances. • CANAL- St. Anthony Falls Water Power Company Cancellation of special assessments in certain cases. How to be used in shops, etc. Ordinance requiring owners of buildings, etc., partially de- stroyed by fire or otherwise to take the same down to pre- vent accidents, etc. Duty of Inspector of Buildings to notify owner to take same down, building, wall, or other structure, when.. Inspector of Buildings to take same down on refusal or failure of owner so to do for 24 hours-Expense of same to be assessed against property and collected same as special assessments CALCIUM CARBIDE- . • 1 Gu Ordinance regulating the keeping and storage of calcium car- bide Required to be licensed before giving exhibitions. CARRIAGE OF GARBAGE- Quantities of 40 pounds and upwards-How kept and pro- tected-Notice to Chief Engineer of Fire Department of re- ceipt of same, where stored and true quantity. Violation of ordinance-Penalty. . . . CALHOUN— • Dead animals, etc., through streets and alleys.. CATTLE, SHEEP AND SWINE— · Offering of same for sale in City of Minneapolis. CATTLE AND MULES Ordinance establishing and maintaining uniform height of water of lake. Driving same on bridges across Mississippi river. CEMETERIES- • • • • • Ordinance relative to cemeteries-Vandalism-Penalty…………. CENTRAL MARKET— Ordinance establishing a Central Market.. • • • • Sec. 43 308 4 45 46 44 • 52 309 53 309 54 309 2 70 • 122 9 308 308 309 309 1 310 9 309 5 697 555 310 CARS AND LOCOMOTIVES- 873 Getting on and off, sweeping, taking grain or coal from same 1 Leaving cars on streets-Not to exceed five minutes. Stopping cars, etc., on street crossings.….... 28 872 29 872 CARAVANS- 310 392 392 392 960 639 945 374 658 723 926 845 921 628 1168 INDEX TO ORDINANCES. CHANGE OF GRADE- Ordinance providing for notification of all persons interested, etc. CESSPOOLS- Not to be built, where... Ordinance regulating removal of contents of. Not to be built where.. · CHARITIES AND CORRECTIONS— Ordinance requiring Board of Charities and Corrections to fur- nish from the city quarries crushed rock for macadamiz- ing streets CHARTER, NEW CITY— Ordinance requesting the Judges of the District Court to ap- point a board to frame a new city charter.... CHECK AND AUDITING— • System of internal check and auditing devised by Jones, Caesar & Co. City Comptroller to check books of certain city officers. CHICAGO & NORTHWESTERN TELEGRAPH CO.- Grant to CHICAGO GREAT WESTERN RAILWAY CO.— Grants and franchises. • • CHICAGO, MILWAUKEE & ST. PAUL RAILWAY CO.— Grants and franchises to..... CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY CO. Grants and franchises to. (C 66 66 66 O CITY CLERK- CHIEF OF POLICE- To remove obstructions from public streets, when-Sale of same-Notice of sale-Reclaiming property-Expenses, when to be paid-Net proceeds paid to owner, when- Payment to City Treasurer of surplus-Quarterly reports to City Council Interference with Chief of Police in the discharge of his duties prohibited · • Not to be commenced in any loft, when. Of boiler rooms-How to be built-Height. CHINESE BALL GAMES, SHOOTING GALLERIES, ETC. Annual license fee $25.00. • • · • • • • • • CIRCUSES- Required to be licensed-License fees. CITY CHARTER- Ordinance requesting Judges of the District Court to appoint a board to frame a new city charter. • To issue licenses to plumbers.. To give notice by advertisement of proposed removal of build- ings within fire limits.. CITY COMPTROLLER- Ordinance directing the City Comptroller to check the books of Registrar of Water Works, City Treasurer, City Clerk, Clerk of Municipal Court, and all other receiving officers, etc. Sec. CITY COMPTROLLER AND CITY TREASURER- Ordinance regulating and controlling the conduct of the offices of City Comptroller and City Treasurer, etc. City Treasurer to receive city moneys-Keep accounts thereof- Give receipts therefor-Deposit same in banks, when- Banks to be designated depositories. 1 .400, 429-468 • CHIMNEYS- How to be constructed-Size of flue-Holes for stove pipe, etc. 13 Foundations of, where not to be built.. 375 376 14 15 376 17 376 • ૭ Page. 804 728 724 728 2 956 545-550 5 956 959 955 602 469 480 3 866 866 655 658 956 7 367 4 373 955 953 1 953 INDEX TO ORDINANCES. 1169 CITY COMPTROLLER AND CITY TREASURER-Continued. City Treasurer to draw checks on depositories for payment of warrants-Checks not to be valid until countersigned by City Comptroller-Depositories prohibited from paying check not properly signed by the Treasurer or counter- signed by City Comptroller, etc. Interest on bonds, etc., payable in New York-Treasurer and Comptroller to pay same by check or draft-Same, to whom made payable Daily statements by Treasurer to City Comptroller-Same to show what-Monthly statement to City Council of receipts and disbursements of preceding month, balances on hand, and where same is located or deposited.... City Comptroller to check City Treasurer's books, count the cash, verify the bank balances, and report to City Council monthly Treasurer's revolving fund-Not to exceed $19,000-Same how to be replenished-Condition of same to be shown in all statements of City Treasurer. • • Ordinance relating to the duties of City Engineer.... Duties of City Engineer-To make surveys, maps, plats, pro- files, etc.-Detailed estimates and specifications for pro- posed public work-Superintendence of public work, etc... To keep book in which shall be recorded maps of streets opened, changed or vacated-Dates of streets opened or vacated to be written on maps. • • To report grades of streets, etc., to City Council when required -To report changes in street grades, also plans and esti- mates for same-Also make and file in his office plats and profiles of surveys and grades-Landmarks for surveying or grading streets To carefully preserve all maps, plats, surveys, books, reports, etc., pertaining to his office-Delivery of same to his suc- cessor in office-Duplicate receipts therefor-Same to be filed with City Clerk.. ► Banks receiving city funds to make monthly itemized state- ment to City Comptroller of deposits and withdrawals of city funds Withdrawal of balance from depository by check, when-De- posit of same in other city depositories.. City Treasurer prohibited from paying out funds of city ex- cept on warrants or pay rolls, etc.-Not to make advances to officials or employes in excess of amount earned- Certificate of same from head of department-Penalty for violation of provisions of this section-Removal from office 9 CITY COUNCIL- K • CITY POOR- Ordinance to provide for the support of the poor in the City of Minneapolis..... Granting of permits by, to use certain premises for storage of gasoline, naphtha, benzine, kerosene oil, spirits of turpentine, etc. 21 CITY ENGINEER- CITY SEALER OF WEIGHTS AND MEASURES- Ordinance to provide for the sealing of weights and measures.. CITY WORKHOUSE- County jail established as a city work house, etc... Additional city workhouse established, etc. Rules and regulations for the management of the work house, etc. COUNTY JAIL, A CITY WORKHOUSE— Ordinance establishing a city workhouse and providing for the keeping of male prisoners at work in such work house or upon public improvements.. • • • Sec. 2 953 3 954 4 954 5 954 Page. 6 954 7 954 8 954 • 954 1 924 •• 378 2 924 • 924 3 924 4 924-5 940 911 930 931 933 930 1170 INDEX TO ORDINANCES. CITY WORKHOUSE-Continued- County jail established as a city work house.. Imprisonment of male offenders at hard labor, when-Com- mitment for non-payment of fine.. or on Persons committed to be kept at hard labor at least eight hours per day except Sundays, at workhouse public streets-Limitations as to place of work-Stone quarry—Filling same-Quarrying on Fortieth avenue north and Sixth street north-Work to be confined to workhouse after June 1, 1905.. Guards for prisoners while at work, etc.-Chief of Police to de- tail policeman as such... Persons committed for non-payment of fine to be credited at rate of 80 cents per day for each day of labor in payment of such fine-Not to be imprisoned longer than term for which committed Violation of rules-Disobeying orders-Refusal to work-Re- port to sheriff-Solitary confinement. Employment of prisoners-May direct same and make rules and regulations in respect to their labor and government…………. ADDITIONAL CITY WORKHOUSE, ETC.- Ordinance to provide for keeping at hard labor in any work- house established for that purpose any one convicted of an offense before Municipal Court, and to establish an additional workhouse for that purpose. Persons convicted may be kept at hard labor, when-In case of male offenders, in workhouse or on public works, or both-Non-payment of fine-Imprisonment at hard labor until amount of fine is worked out, at rate of 50 cents per day for each day of labor-Vagrancy-Authority of Judge of Municipal Court to commit to city prison, work- house or county jail for same. Workhouse established-Location-County jail may be used as a workhouse, when-Offenders to be in custody of sheriff, when-In custody of police, when-Under control of su- perintendent of workhouse, when-Powers of superinten- dent, etc.-Rules and regulations of City Council. WORKHOUSE RULES AND REGULATIONS— Ordinance to provide rules and regulations for the manage- ment of the workhouse, defining the duties of the officers and employees, and for other purposes. Rules and regulations adopted.. Duties of Superintendent... Annual report-How to be published. Reports of Superintendent to City Council. Superintendent to cause complaints to be made against any person escaping from workhouse. • • Writ of habeas corpus-Notice to City Attorney Insanity of inmates-Certificate of City Physician-Notice to friends and Probate Judge-Custody of Sheriff, when….. Female prisoners-Superintendent to ascertain friends, and provide for proper home. Absence of Superintendent from city-Not to exceed 48 hours without permission of Council-Address while absent.... Superintendent to have entire control and management of workhouse, etc.-Full power to appoint and discharge sub- ordinate officers and employees-Responsibility for manage- ment-Must reside at workhouse, etc.-Daily inspections, etc.-Reception and employment of prisoners. Term of office two years.. Salaries of Superintendent and officers and employees to be fixed by City Council.. Deputy Superintendent-Duties-Charge of prisoners-To see that officers and employees faithfully perform their duties • • · • • • • • • • * Sec. 4 of 1 930 Page. 2 930 3 930 4 930 5 930 6 931 7 931 1 931 931 2 931-2 933 933 1 1 933 2 933 3 933 45 4 933 933 7 6 933 934 S 934 9 934 10 934 11 934 INDEX TO ORDINANCES. 1171 CITY WORKHOUSE-Continued- WORKHOUSE RULES AND REGULATIONS—Continued. -To keep a daily journal of infraction of rules, etc.—To report casualties, breakages, infraction of rules by em- ployees to Superintendent.. General duties-Receiving and discharge of prisoners-Food and clothing of prisoners-Attendance upon physician at his regular visits to the prison-Sick prisoners, etc.-Prescrip- tions of physicians for same. Neatness and cleanliness required-Attention to visitors-Vis- itors not allowed, when.. • • Weekly examination of blankets, beds, books, etc.-Report to Superintendent of anything wrong. • Supervision of officers, employees and prisoners, etc.—Viola- tion of rules, report of same-Power of Deputy Superin- tendent in absence of Superintendent.... General superintendence over affairs of workhouse and its police Responsible to Superintendent-Constant attend- ance at workhouse day and night required... Not to inflict punishment upon any prisoner unless directed so to do by the Superintendent, etc. Arrival of male prisoners-Same to be cleaned, etc.—To be sup- plied with prison uniform-Examination for indications of disease-Disposal of "citizen's dress" Instructions to prisoners as to signal bells, rules, etc.-No communications between prisoners allowed-Order and cleanliness required-Not to spit on foor or make noises— Obedience to officers-Complaint of ill treatment-Rules to be enforced Whole time to be spent in performance of duties, etc. Assistants and guards-To be on duty day and night. Leave of absence, when allowed, when not allowed. Conversation with outsiders relative to prisoners, etc., pro- • • • • • • • • • Treatment of prisoners by officers... Conduct of officers and employees toward each other, etc... No spirituous liquors allowed except for medicine... Officers and guards-To be sworn in and have special police powers, etc.-Pursuit of escaped prisoners-Notice of de- sire to vacate their situation-Want of harmony cause of dismissal • • · • • • Not to leave post of duty-To keep arms clean, etc.-To prevent prisoners from escaping.. Not to allow prisoners to make inquiries, leave work, speak to or gaze at visitors, etc. Instructions to prisoners-Insubordination.. Officers to be vigilant, etc.-Assistants and guards-Night tours -Sunday relief-Day watch and guard room duties.. Families of officers and employees not to board at workhouse or visit there without permission of the Superintendent- Smoking, where prohibited, where allowed.. Night guard, duties of. To watch for signs of fire, etc. To visit hospital and see that medicines are properly admin- istered Matron-To be subject to Superintendent and his deputy-To have general charge of female prisoners, etc. Further duties of Matron.. • • • • hibited-Conversation at meals, etc., not allowed, when.. 3 936 Complaints of prisoners as to food, etc.-Officers to inform Superintendent of same, etc.-Mental condition of pris- oners, watching same, etc. Gifts from or to prisoners prohibited. • Officers not to chat with prisoners, etc. Officers to require and receive silent obedience, etc. • .. Sec. Page. 1 934 2 934 3 935 4 935 5 935 6 935 7 935 8 935 9 935-6 10 936 1 936 2 936 4 936 5 936 6 937 7 937 8 937 9 937 10 937 11 937 15 ∞ pand. 12 937 3 13 938 14 938 15 938 1 938 2 938 938 938 1 938 2 939 1172 INDEX TO ORDINANCES. CITY WORKHOUSE-Continued- WORKHOUSE RULES AND REGULATIONS-Continued. Power to punish female prisoners for violation of rules, etc... Hall master, duties of... Engineer-To have charge of boilers, pumps, piping, tools, etc., pertaining to steam heating of prison and dry rooms, plumbing, repairs, motive power, etc. To give instructions to the night engineer-To report to Super- intendent or deputy any damages resulting from negli- gence • Subject to rules governing guards relating to safe keeping of prisoners, etc. Daily routine of duties in the workhouse-Calling officers- Ringing bell for prisoners to rise, etc. Signal for guards to go go on duty-Same for unlocking cell doors, etc. COAL Breakfast-Duties for the day—Absence of prisoners—Report of same to deputy... Prisoners ceasing labor and passing to cells. One hour for dinner.. Marching to dinner, and then to labor, etc.-Return to cells.. Dog watch-To commence and end, when.. Night guard-Duties-Leaves of absence to expire at 10:30 p. m. Further duties of night guard-Employees to enter and leave prison, where CLAIRVOYANCY- Persons practicing same to be licensed-License fee-Resi- dence city required-Bond for $200.. • · ► Ordinance to regulate the weighing and selling of coal.. COLLECTION— • Of garbage and scavenger fees... COMBUSTIBLES— Ordinance regulating the storage, keeping and conveying of gunpowder, dynamite, etc. COMMISSIONERS, SINKING FUND- Ordinance appointing a board of sinking fund commissioners, etc. COMMITTEE ON WATERWORKS— Applications for plumber's license to be referred to. May revoke plumber's license, when..... COMMON PROSTITUTES— • • Of sidewalks, curb and gutter, ordinance regulating same. Of bicycle paths upon public streets of city. Of cycle paths and regulation of use thereof.. CONTESTS— • • · • Bicycle, pedestrian or skating contests-License fee.... CONTRACTS— • • • • • Ordinance relating to contracts and contractors with the City of Minneapolis Contracts Special provision for payment of laborers and those furnishing material, when... Amount of contractor's bond, by whom fixed-Specifications to state amount of bond-Sureties-How to be approved-Con- ditions of bond Ordinance may apply to contracts heretofore made. Sec. ; 00 1 3 1 939 2 939 Ordinance relating to disorderly houses and houses of ill fame and common prostitutes.. Ordinance to restrain and punish prostitutes. COMPTROLLER— Ordinance regulating and controlling conduct of office of, etc. .. CONCERTS— Minstrel and other concerts-License fee.. Not to be licensed in places where liquor is sold, etc. CONSTRUCTION— 3 939 3 1 939 2 939 ∞ →→ CIA CU Page. 939 4 940 939 939 5 940 6 940 7 940 8 940 9 940 4 5 2 655 5 5 • • 915 723 390 926 366 367 874 876 953 855 858 859 5 658 658 659 925 1 925 2 925 3 925 INDEX TO ORDINANCES. 1173 COSTS, FINES AND PENALTIES— Ordinance relative to the costs, fines and penalties in the Mu- nicipal Court COUNTY JAIL- Established as a city workhouse.... CROSSINGS- Ordinance regulating the manner of planking railway tracks across streets, etc. CRUELTY— To animals prohibited-Penalty CUDAHY PACKING COMPANY- Underground subway across Third avenue north from Central Market to No. 608.. CURB, AND CURB AND GUTTER— City Engineer to control and supervise construction... No person to lay or construct same without a permit from City Engineer Skaņ Bond required to be filed before permit is issued. CURFEW- S Ordinance prohibiting persons under sixteen years of age from being on the streets, etc., at night, when.... CYCLE PATHS- • • License to be obtained before engaging in business. Bond for $1,000-Condition of same.. • DEMAND— By aldermen for appointment of any person to office, etc., pro- hibited DENSE SMOKE- Of gaming instruments DIME MUSEUMS- · Emission of same from smoke stack of locomotive engines, and from chimneys connected with furnaces, etc., prohibited.. K DEPOSIT- Of certain things and articles on public streets, alleys, side-, walks, etc., prohibited... DESTRUCTION- Annual license fee $250. DISORDERLY CONDUCT- Ordinance relative to misdemeanors, breaches of the peace and disorderly conduct DISORDERLY HOUSES- Ordinance relating to disorderly houses and houses of ill fame and common prostitutes DISPLAY— Of merchandise for sale upon or over any sidewalk or street prohibited DISTURBANCE— Noise, riot, improper diversion, etc. DOGS, LICENSE OF, ETC.- Ordinance concerning dogs.. Sec. 1 Ordinance providing for construction of bicycle paths, etc..... Ordinance to provide for construction and maintenance of cycle paths in the City of Minneapolis, etc. DAIRIES AND DAIRY HERDS- Inspection of same. DANCES Ordinance to define and regulate public dances, etc. DEAD ANIMALS- Not to be deposited or left on any street, avenue or alley-Same how to be buried-Same not to be put into any sewer...... 6 867-8 DEALERS IN SECOND HAND GOODS- 2 655 2 3 • Page. 6 874 888 • 930 563 Annual license fee $25.00.... To keep record of goods purchased-Inspection of books by Mayor and Police.. 2 674 674 Copy of books to be furnished Chief of Police daily-Exception 3 Property not to be sold, when..... 4 674 6 675 7 675 651 855 855 855 883 858 859 703 887 952 702 1 865 878 5 658 873 874 7 868 2 873 687 1174 INDEX TO ORDINANCES. DRAINAGE OF LOW GROUND- Ordinance to compel owners to fill or drain low grounds, etc. .. DRAYMEN, HACKMEN, EXPRESSMEN, ET AL.- Ordinance licensing and regulating same, etc. DRIVING- Cattle and mules on bridges over Mississippi river... On sidewalks by persons having charge of licensed vehicles, prohibited DRUNKENNESS- Or intoxication in any street or public place.. DUFFEY, JAMES F.- Ordinance establishing a wood, hay and live stock market in the west division of the City of Minneapolis... DYNAMITE—(See Gunpowder). EDISON ELECTRIC LIGHT AND POWER COMPANY EDISON LIGHT AND POWER COMPANY.. ELECTION DISTRICTS- Second ward election districts.. Third ward election districts. Fourth ward election districts. Fifth ward election districts. Sixth ward election districts. Seventh ward election districts. Eighth ward election districts. Ninth ward election districts. Tenth ward election districts. Eleventh ward election districts.. Twelfth ward election districts. Thirteenth ward election districts. Repeal of former ordinances. ELECTRICAL SUBWAYS- Ordinance prescribing and designating the election districts in the several wards of the City of Minneapolis, etc. First ward election districts. • • • • • • • • • • • • ● ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬ • • • • National Subway Company ELECTRIC WIRES, APPARATUS AND PLANTS- • • • • • • • • • • Ordinance regulating the installing, running and maintaining of electric wires, apparatus and plants within the City of Minneapolis • SUPERVISION OF ELECTRICAL SYSTEMS Inspector of Buildings and his assistants to have supervision of electric wires, apparatus and machinery-Inspection of same-How to be constructed.. Electrical Inspector-Authority to enter buildings-To decide controversies, when Permits for electrical construction-Plans and specifications to be filed, when-Permits not required, when, when re- quired Permits to be issued only to persons operating under state license-Exceptions Sec. Electric work and wiring not to be used until inspected-In- spector to prevent use of, when-Application for inspection -Completion of work before approval, etc.-Installation under direction of Inspector-Temporary permit to use current, when-Same to expire, when.. Wires not to be concealed before inspection—Penalty for cover- ing work before inspection... • Penalty for cutting, disturbing, altering, or changing electric wires, etc., in violation of ordinance... Defective apparatus and material-To be condemned by In- spector, when-To be disconnected, when-Same to be put in safe condition by owner, etc.-Failure to put same in safe condition within 48 hours-Inspector to disconnect same-- Unlawful to reconnect or use same until put in safe condition • 30 667 D Page. 3 873 694 660 845 962 1 962 2 962 3 963 4 965 5 967 6 968 77 968 8 969 9 969 10 970 11 971 12 972 13 972 14 972 3 5 635 390 590 594 7 1 311 592 2 311 311 { S 111 312 4 312 312 6 313 313 8 313 INDEX TO ORDINANCES. 1175 ELECTRIC WIRES, APPARATUS AND PLANTS-Continued- Penalties for violation of ordinance-Each day's continuance a separate offense Rules and requirements for installing, altering and repairing electric wires and apparatus, etc. GENERAL PLAN GOVERNING ARRANGEMENT RULES GENERAL SUGGESTIONS Conductors, how treated-Security and efficiency, what con- ducive to Distribution centers, location-Division of load, etc.-Wire ways, use of-Channels and pockets for electric light wires, etc. CLASS A-STATIONS AND DYNAMO ROOMS-Includes Central Stations, Dynamo, Motor and Storage-Battery, Rooms, Transformer Substations, etc. Generators-Where to be located-Insulation, how secured— Frame insulation, omission of when-Insulated platform, when-How made and arranged-Static electricity, how overcome-Generator protected by safety fuse, when- Where placed-Modifications, when-Waterproof covering required-Name plate... Conductors-To be in plain sight-To have insulating cover- ing-Exception-Bus bars, how made, how kept in place, how installed-Switch boards, how wired.. Switch Boards, how placed and built-Materials-Must be ac- cessible-Space between wall and apparatus-Moisture— Distance between live parts.. • . • ► OF Resistance Boxes and Equalizers-When and how placed-How separated Attachment to be independent-Incandescent lamps used, where-Lamps, how mounted and arranged— Name plate, where attached, how stamped.. Lightning Arresters-Where to be attached Location and num- ber-To be in plain sight-Kinks in wires-Ground connec- tion, how made-Ground wires-Choke-coils-Ground wires not to be in iron pipes.. • • • • • • Care and Attendance-Competent man required-Oil waste, care and removal-Waste cans, how made. Testing of Insulation Resistance-Ground detectors to be pro- vided, when—Wires not to be attached to gas pipes-Test of circuits, how often-Data of tests to be preserved—Test- ing rules, where applied.. Motors Insulation, how secured-Omission of, when-Insulated platform, when-How made, mounted and arranged— Static electricity, how overcome-How wired-Motor leads or branch circuits, to carry what current-Size of con- ductors-Motor and resistance box, how protected-Single pole switches used, when-Location-Rheostats, etc., how located Circuit breakers-How run-How covered and en- closed-Inspector to decide, when-Suitable enclosures, when-How hung or insulated-Name plate, maker's name, capacity and speed..... Railway Power Plants-Feed wires, how equipped—Automatic circuit breakers-How mounted... Storage or Primary Batteries-Regulations to be observed- Storage battery room-Rules for wiring-Secondary bat- teries, how mounted-What metals to be avoided. Transformers-Rules-Transformers, how placed………. CLASS B-OUTSIDE WORK-All Systems and voltages.. Wires—Insulating covering-Tie wires-How placed-Moisture -Wooden blocks, how painted—Height of wires-How pro- • • • Sec. 10 9 313-4 Page. 10 314-5 10 314 .10 315-6 314 314 10 315 315 10 316 10 { 10 317 316 10 317 10 317 317 318 319 10 319 10 319 10 319-20 320 1176 INDEX TO ORDINANCES. ELECTRIC WIRES, APPARATUS AND PLANTS-Continued- tected-Special precautions, when—Insulators-How spliced -Soldering and insulation-All joints to be soldered-Drip- loops, where-Holes, how bushed-Cross arms, how not to be placed-Metallic sheaths, how connected to the earth.... 10 10 320 Trolley Wires-Size of-Insulation-Disconnection-Division · • · into sections-Feeders-Protection-Guard wires, insulation -How disconnected Ground Return Wires-Arrangement of-Connection of positive pole and trolley wire.. Transformers-Rules-Secondary system, grounding of-Where placed-Outside location-Attachment to outside walls- Inspection and approval of Inspector-Break-down tests By whom made-Presence of Inspector, approval-Old transformers, how tested……… Grounding Low Potential Circuits-When allowed. Direct Current, Three-Wire Systems-Neutral wire may be grounded, where and how-Same, underground system- Same, overhead system-Inspector may require grounding. 10 Alternating Current, Secondary Systems-Grounding of trans- · former secondaries-Rules-Where made-One side only, when-Ground connections, where made-Neutral wire, where grounded-Inspector may require grounding... Ground Connections-Size of ground wire-Carrying capacity- To be outside buildings-Where attached-How carried- Kinks, etc., to be avoided-Ground connections, when and where not made..... • • • CLASS C-INSIDE WORK-ALL SYSTEMS AND VOLT- AGES-GENERAL RULES. Series Arc Lamps-Rules-Insulation-Glass globes-Wire Net- ting-Spark arrester-Plain carbons recommended-Outside arc lamps-Inside lamps-Carbons enclosed in glass globes, when-Enclosed arc lamps-Wire netting, when-Insulat- ing supports, when... Wires-Insulation-Arrangement of entering and leaving building-To be in plain sight-How supported-On side walls, how protected-How attached to floor timbers-Guard strips, when-Thickness · · • Incandescent Lamps in Series Circuits-How installed-How suspended-What not approved-Not to be attached to gas fixtures CONSTANT POTENTIAL SYSTEMS-GENERAL RULES -ALL VOLTAGES • • • • Automatic Cut-Outs (Fuses and Circuit Breakers)-Fuses to be provided-Cut-outs to be on service pipes-How placed- Yard wires not service wires, when-To be placed at change in size of wires-Circuit breakers and switches, where and Sec. Page. Wires-Rules-Size of wires-Insulation-How spliced or joined -Joints to be soldered-How covered-Stranded wires, when soldered-How separated-Bushings, length of Water-proof tube, insulation-To be free from gas pipes- Deviation, when-Porcelain tube-How placed in wet places -Conductors in wooden mouldings, etc. Underground Conductors-Protection against moisture, etc.-- How arranged-Use of tubes-How to be closed. Table of Carrying Capacity of Wires-When followed-Alu- minum wire-Rubber covered wires-Size of wire to be used Switches, Cut-Outs, Circuit Breakers, Etc.-Rules-Arrange- ment of Where not placed-When and how to be enclosed. 10 325 CONSTANT-CURRENT SYSTEMS-Principally Series Arc Lightning... .10 320-1 10 321 10 321 10 322 322 10 322 • 10 322-3 323 10 323-4 10 324 10 324-5 325 10 325-6 10 326 10 326 327 INDEX TO ORDINANCES. 1177 • • ELECTRIC WIRES, APPARATUS AND PLANTS-Continued- how placed-Special permission for deviation-Size of fuse block-Motors-Branches or taps, how run-Capacity of fuses not to exceed carrying capacity of wire-Table of voltage-Incandescent lamps-Arc lamps-Nernst lamps- Fuseless rosette, etc. Switches-When placed on service pipes-Cut-out and switch, how arranged-Yard wires not service wires, where-Where and how placed-Knife switches-How wired-Knife switches, when enclosed-Snap switches-Not to be single pole, when-Pendant switches-Flush switches, how closed-Box required Electric Heaters-Where placed-Solution-Treatment-Cut-out required-Feed wires to be in plain sight and protected- Flexible conductors, covering-Name plate, maker's name, capacity-Stationary heaters, how heated-Portable heaters, danger of-Incandescent lamp, connection desirable....... 10 en- ......10 328-9 Ka LOW POTENTIAL SYSTEMS- Low potential circuit, what considered such.... Wires-General Rules-How to be arranged-How laid and fast- ened-How finished-Twin wires, where used-Wires on side walls-How attached to floor timbers-Guard strips, when, thickness-Protection on side walls, how secured- how lined- Boxing-Insulating conduit-Metal pipes, Wires of each circuit to be in same conduit, when-Insula- tion, how reinforced-Wooden boxes, when-Iron pipe pref- erable-Exposed to moisture, when.. Wires-Special rules-For open work-In dry places, etc.-In- be- sulation-How supported-Table-Supports-Distance tween-Damp places, etc.-Insulating covering—Rubber used, when, etc.-How supported and kept apart-Distance between supports Wires for Moulding Work-Insulating covering-Where not to be placed-Moulding not to be on wall.. Wires for Conduit Work-Insulating covering-When wire to be drawn in-To be in same conduit, when-Same, direct cur- rent system Wires for concealed "Knob and Tube" Work-Rubber insulating cover-How supported and kept separate-How separated from walls, etc.-Supports, distance apart-Armored cable used, when-How installed-Conduits to be continuous, etc.-How protected at outlets-Combination fixtures- Fixture work-Insulation-Supply conductors, how kept clear, and secured-Difference of potential.. Interior Conduits-Object of tube or conduit-Merely race- ways-Not for insulation-Size of conduits-To be con- tinuous, where-How run in underground service-How first installed-How equipped at outlet-Outlet plates not used, where-Same, when omitted-Special permission— Metal conduits-Bushings required-Exception-How grounded-Junction boxes, how installed-Elbows and bends, how made..... Fixtures-To be insulated, when and how-Gas outlet pipe, how protected-Outlet tubes, strength of, how secured-Canopies • • • • • Sec. Page. .10 327-8 .. 329 10 329 .10 329-30 ...10 330-1 10 331 10 331-2 10 332 10 333 to be insulated-Burs removed, when-To be tested when..10 333-4 Sockets-How enclosed and supported-Waterproof sockets, where How hung-Where soldered. 10 334 1178 INDEX TO ORDINANCES. ELECTRIC WIRES, APPARATUS AND PLANTS—Continued— Flexible Cord-Insulation-Where not used-Where used Flexible wires and cables-Where not used-How protected How suspended-Drop cords, how hung.. Arc Lamps on Constant Potential Circuits-Double pole, fusible cut-out-Branch conductors, carrying capacity-Size of wire-Resistances or regulators, how enclosed-Incan- descent lamps not to be used-Globes, spark arresters and wire netting required .. fixtures Economy Coils-How to be mounted. Decorative Lighting Systems-Incandescent lamps not to be used except by permission... • • Car Wiring-How run and insulated.. Car Houses Trolley wires, how supported-Trolley hangers, distance apart-Cut-out switch boards, where Circuit breakers, where-Current cut-out, when-Lamps and stationary motors, how installed-Portable incandescent lamps not allowed, where-Where allowed-Wiring and ap- paratus, how installed-What system allowed-Rails, how bonded-Conductor, size of-Cars, how not to be left... Lighting and Power from Railway Wires-Not allowed, when- When allowed..... • • • • • • • • · K HIGH POTENTIAL SYSTEMS- What considered as a high potential system-Exception...... Wires—Insulating covering-To be visible and not encased- How supported-Supports, distance apart-Mains in build- ings of mill construction, how separated and supported- How protected on side walls-Boxing, height of-Wires in cellars, how attached-General suggestions.. Transformers-Where not to be placed without a permit- Where to be located-Fire-proof enclosure-To be kept locked-Access to same-Insulation-How ventilated... Series Lamp-What not approved-Not to be attached to gas • • • Sec. CLASS D-FITTINGS, MATERIALS AND DETAILS OF CONSTRUCTION-ALL SYSTEMS AND VOLTAGES. General Rules-Diameter not to vary how much-Wires and cables, how tagged and marked.. Rubber Covered Wire-To be tinned, how-Insulation-To be of rubber-Thickness of-Measurement, where made-Insula- tion resistance-Dielectic strength, how great-Under what conditions—How tested-Thickness of insulating wall- What requirements to apply-Exception-Wire for arc-light circuits, thickness of insulating wall-Test of, how made- Specifications for insulations-Protecting braid, where re- quired-Strength and elasticity. Slow-Burning Weatherproof Wire-Insulation-To be fireproof -Thickness of coating and completed covering-Measure- ments, where made-Which coating may be outside-This wire not suitable for outside work-Fireproof coating, kind of, how finished-Weatherproof coating. Slow-Burning Wire-Insulation-Fireproofing compound con- stituents of-Thickness of insulation, how to be finished- When to be used-Where useful-Restricted use.. • Page. 10 334 .10 335-6 10 334-5 10 335 10 335 10 335 10 336 10 336 10 336 10 EXTRA HIGH POTENTIAL SYSTEMS- What considered as an extra-high-potential circuit-Exception.. 10 337 Primary Wires-Not to be brought into or over buildings, ex- cept power stations, etc.. Secondary Wires-How to be installed. 337 10 337 10 337 10 337 337 10 338 10 338-9 .10 339-40 10 340 INDEX TO ORDINANCES. 1179 • • ELECTRIC WIRES, APPARATUS AND PLANTS—Continued— Weatherproof Wire-Insulating covering, composition of-Elas- ticity-Thickness-Outer surface-Where used..... Flexible Cord-How made-How covered-For pendent lamps -Stranded conductor-Carrying capacity-Covering, how made-Wind of cotton, tendency of Insulation, thickness resistance-How tested-Outer braiding, how put on-Flame- proof paint, when-Flexible cord for portable lamps, etc.- Requirements-Cover, how made-Silk cover in offices, etc. -For portable heating apparatus-How made up-Cord not waterproof-Purpose of rubber layer.... Fixture Wire-How made-Solid conductors, how turned- Stranded conductors, how covered-Rubber insulation-Ex- ception-Thickness-Covering, thickness, elasticity-Tests.. 10 342 Conduit Wire--Requirements-Single wire, lined conduits—Un- lined conduits-Second covering, tenacity of-Twin or du- plex wires, lined conduits-Requirements-Tape substituted, when-Unlined conduits-Requirements-Tape, when used— Thickness and tenacity--Concentric wire-Inner conductor —Requirements-Tape used, when-Outer conductor-In- sulation-How covered-Thickness and tenacity-Purpose of braid or tape.. Armored Cable-Strength and thickness of-Table-Conductors, insulating covering-Filler, how used.. Interior Conduits-How marked-Strength of covering, thick- ness-How not to be affected-Lining, how secured-Test of lining-Thickness of lining, materials, and sufficiency— Further test, submerging in water-Elbows and bends, how made Unlined Metal Conduits-Iron or steel pipes used as conduits, when-To be galvanized, coated or enameled-Elbows and bends, how made... 10 342 Outlet Boxes-How made-To be galvanized, etc.-Inlet holes, closed when-How marked-Boxes with lined conduits- Insulating lining Wooden Mouldings-How coated, etc.-How made. Tubes and Bushings-Construction-Material of-Test. Cleats-Construction-Supports, how made-Of what material -How tested-How marked-Size of Table rule, how in- terpreted Switches-General Rules-To indicate whether current is on or off-How to operate-To be automatic, etc………. Knife Switches-Specifications for-Base of-How Mounted- Supporting screws-Mounting-How secured to base, etc.- Hinges, use of-How equipped-Spring washers, strength of-Metal required-Temperature-Bearings-Crossbar-In- sulating Material-How separated-How secured-Connec- tions-Switches, how equipped-Clamps, where-Test- Marking, owner's name, current and voltage-Spacings, table of Switch boards and switches-How stamped-Table -Auxiliary breaks • • • • .. · • • • • • Sec. Snap Switches-How constructed-Specifications-Bases-Sub- bases-Mounting-Metal-Contact surfaces-Insulating_ma- terial-Binding posts, how made-Covers-How lined-Han- dle or button-Test-Marking-Where placed—Switches recommended Cut-outs and Circuit Breakers-General rules-How supported -How arranged-Operation of, when-Need of margin— • • 10 Page. 10 340-1 10 344 10 344 .10 344-5 340 10 343 10 343-4 10 10 344 10 345 10 345 345 346 347 10 348-9 1180 INDEX TO ORDINANCES. ELECTRIC WIRES, APPARATUS AND PLANTS-Continued— Tests, how made-Circuit breakers, how to operate—Mark- ing, maker's name, current and voltage. Link-Fuse cut-outs-On marble bases-Cabinet boxes-Base, how mounted-Mounting-Metal-Terminals, how made, etc.-Connections-Clamps, of what composed-Lugs-Test -How to operate-Marking, maker's name, current and voltage Spacings Extent Table Minimum distance- Barrier, where-Cut-outs, break distance.. hole Enclosed-Fuse Cut-outs, Plug and Cartridge Type-Material of -How constructed-Mounting-Terminals-How secured- Connections-Clamps, design of-Strength-Lugs-Classifi- cation-Current and voltage-How designed-Table-Design -Marking ← Arc-Lamps-Stops required-Insulation-Automatic ·· switches-When approved Spark Arresters-How to close, etc. • • Hanger Boards-How constructed-Switches to be automatic, etc. how Fuses-Link Fuses Terminals, how made-Rating, stamped-Data for testing-Marking-Construction—Fusi- ble wire, how attached-Classification-How designed- Terminals Rating-Marking, where and how-Temperature -Test-Fuses not standing test-When approved.... Tablet and Panel Boards-Minimum distances-Table-At switches, etc.-Minimum allowable-Application of table..10 353-4 Cut-out Cabinets-How constructed-Lining-Object of lining— To be filled and painted, when-Door-How constructed and arranged-To be kept closed-Bushings-Holes to be filled.. 10 Sockets-How constructed-Standard sizes-How to be suitable -Special sockets-How marked-Shell metal, qualities of— Thickness-Lining Material used-Thickness-How not to be affected-How secured-Cap, to be lined-Shell lining— Caps, thickness, strength-Inlet piece-Capacity of cap- Cap to be smooth, etc.-Sockets, when approved-Frame and screws-Sufficiency-Brass pieces, thickness-Screws, size of Spacing-Connections, how made-Lamp holder, socket contact exposure-Base, material of-Key, handle of-How attached-Sealings, screws to be sealed, how-How put together-Test-Keyless sockets-Socket of insulating material-Requirements-Porcelain sockets, when not ac- cepted-Inlet bushing, when required-Bushings, size of • • • hand Insulating Joints-Material of-How arranged-Strength-Soft rubber joints not approved………. Rheostats-How made-How mounted-Resistance boxes, pur- of-Construction-Connections-Clamps, design of, pose strength, etc.-Clamps and lugs not required, when-How marked-Contacts, design of What to be avoided-How not to be designed-Automatic device required-Overload releases, when not approved-Test-No impairment by test -Efficiency of-Regulators Reactive Coils and Condensers-How made-Condensers, how heated-Transformers, where placed-How designed and connected-How constructed-Tests Lightning arresters-How mounted and constructed. Sec. .. 10 10 Page. 349 10 351-2 10 349 350 351 10 352-3 10 354 354 355 356, 10 35% 10 357 10 357 10 357 357 358 359 10 359 10 359 INDEX TO ORDINANCES. 1181 ELECTRIC WIRES, APPARATUS AND PLANTS-Continued— CLASS E-MISCELLANEOUS. Signaling Systems-Governs what-Outside wires-How run or strung-Manholes and handholes, sections of-Distance of pins on cross-arms-Conductors to have protective device— Where located-Protector inside buildings-Requirements -To be of copper-Have insulating covering-Drip holes— How to enter buildings-How supported-Separation of wires Care necessary-Porcelain bushings-Ground wire, how run-Requirements-Material-Covering-Connections -Attachment to pipe, etc.-Protector-Requirements-How mounted-Parts required-Lightning arrester-Fuse-Heat coil, where necessary-Design of Fuses, how placed— Wires, how arranged-Insulation-Wires, fire-resisting cov- ering, when Electric Gas Lighting, where not to be used.. Moving Picture Machines Top reel, how encased, etc.-Box for film-Opening at side-Handle or crank, how secured― Shutter-Metal pan-Extra films Insulation Resistance-How to test-Insulation-Table-Test, how made Soldering Fluid-Formula for same. Repeal of former Ordinances. EMPLOYES- Pay rolls for city employes... M Piling of empty boxes or barrels in fire limits prohibited. Violation of ordinance-Penalty... FENCE- • FIRE EXPOSURE OF PERSON EXPRESSMEN, HACKMEN, DRAYMEN, ET AL.- Ordinance Licensing and regulating same, etc.. FALSE FIRE ALARMS FALSE WEIGHTS AND MEASURES- EMPLOYMENT OFFICES Ordinance to license and regulate all keepers of Intelligence and Employment offices, etc.... EMPTY BOXES AND BARRELS Ordinance regulating and prohibiting the piling of empty boxes within the fire limits, etc.... Ordinance to provide for punishment for use of same.. Giving false certificates of weights, etc.-Penalty... Seizure of articles by Market Master in Central Market……. • · EXITS- In theaters, opera houses, auditoriums, halls, buildings used for public assemblage, department stores, hotels, flat build- ings, lodging houses and factories-Ordinance providing for same In stoves prohibited, when... Carrying fire through public street, etc... On pavements, or in any sewer or drain, prohibited. FIRE ARMS— Discharge of fire arms within city limits prohibited. Except in defense of person, property, or family, etc.. FIRE DEPARTMENT, FIRE LIMITS, ETC.— Fire Limits, Buildings, etc.. Fire Department Fire Marshal Lumber and millwood piles-East side.. • · • • • • • • · • Sec. • 10 10 10 • 1 2 { Page. 359 360 10 362 10 362 11 362 Barbed wire fence along any street, alley, etc., prohibited..... 1 882 FINES, COSTS AND PENALTIES- Ordinance relative to same in Municipal Court. 361 361 11 13 362 943 676 392 392 392 298 4 873 660 42 385 914 914 23 632 888 8 374 375 907 1 879 3 879 369 379 385 386 1182 INDEX TO ORDINANCES. FIRE DEPARTMENT, FIRE LIMITS, ETC.-Continued. Lumber and wood yards-West side. Lumber and millwood piles.... Storage of gunpowder, dynamite, etc. Storage of calcium carbide.. Piling empty boxes... Spark arresters required. Wooden sidewalks prohibited.. FIRE DEPARTMENT- A • ▸ • Ordinance regulating the Fire Department of the City of Min- neapolis Fire Department-How constituted-Officers and members. Compensation, when and how established.... Chief Engineer-Election each year-Term-Office may be de- clared vacant, when-Vacancy, how filled.. Appointment of members by Chief Engineer-Approval of City Council • • tedance-Practice, etc. Uniform and Badge-Regulations for wearing same at fires. Permanent members not to engage in other employment- Members not to engage in politics, etc..... Oath of Office-Chief Engineer and each member of department to take same... • · • • • • • • • Penalty Assistant Engineers-Powers and duties of.. Foremen-Duties of-To preserve order and discipline in com- panies, etc. • Board of Engineers-How constituted-Duties of Power to punish for violation of rules, etc.-Duty to investigate cause of all fires-Record of results of investigation.... 5 379-80 Rules and regulations, adopted by Board of Engineers—Ap- proval by fire committee-All members subject to same….…….. Reduction in rank, when-Power of Chief Engineer-Discharge of members by Chief Engineer, when.. 6 380 Written charges may be preferred by Chief Engineer, when- Suspension during pendency of charges-Transfer to an- other company Chief Engineer to have absolute control over members-May establish rules and regulations. Duties of Chief Engineer-Bills-Records-To attend all fires- All his orders to be obeyed-Annual report-Fires, cause of same-Buildings destroyed-Owners and occupants of prop- erty destroyed-Value of same-Insurance-Publication of report .....10 380-1 Annual estimate of maintaining department-Chief Engineer to prepare and submit to Council... Organization of Fire Department-Companies, how designated -Additional companies, how organized--Order and approval of City Council. Transient Members-To report, when-Penalty for non-at- ► : : Sec. • :: • 1 Q 2 379 1 379 379 Page. Working limits at fires-Chief Engineer or assistant in com- mand may prescribe same-Exclusion of people therefrom. 17 Removal of property for its preservation, or to prevent spread- ing of fire, or to protect property. Destruction of buildings in case of absolute necessity on order of Chief Engineer Chief Engineer to have full control and command at fires- Assistants to act, when-Foreman to act, when... Assistance from inhabitants-Power of Chief Engineer to com- mand same-Neglect or refusal to obey-Insult, menace or interference with members on duty-Giving orders without authority-Refusal of firemen or other persons to act- 388 389 7 e p 390 392 3 379 392 393 853 4 379 16 8 380 9 380 11 381 380 12 381 13 381 14 381 15 381 381 381 18 382 19 382 20 382 21 382 22 382 23 382 INDEX TO ORDINANCES. 1183 FIRE DEPARTMENT-Continued- 26 383 Driving over hose at fires-Penalty. Furnishing liquors at fires prohibited-Exception-Penalty. Cards, dice, gambling apparatus and intoxicating drinks pro- hibited in all fire department buildings-Such buildings to be occupied only by members of department... Entering fire houses and handling apparatus prohibited, except by permission Disability of members-To have salary for 60 days, when-Cer- ... 28 tificate of disability-To be sworn to by physician.... Copy of rules to be furnished each member of fire department.. 29 Badges-To be worn when on duty-Loss or destruction of same-Member to pay cost of replacing badge-Return of city property upon leaving the department.. Rewards-Chief Engineer may permit retention of same, when -Notice to Chief of rewards received-Failure to give such notice cause of removal..... 30 383 • • • • • • · • • • • Resignation without permission prohibited-Forfeiture of sal- ary for same-Absence without leave-Cause for removal and forfeiture of pay, when-Deemed resignation, when.... 32 Annual Inspection of Fire Department, etc.-Notice by Chief Engineer to City Council of same. Superintendent of fire alarm telegraph-Appointment-To have general superintendence of fire alarm telegraph. Duties of same.. Record books of same-Annual report. Further duties Batteries and instruments at stations-Care and operation of ... • • • • • Fire Limits on West Side of Mississippi river. Excepted territory Fire limits on Nicollet Island. Fire limits on east side of Mississippi river. Construction and repair of buildings within fire limits, permits for Repeal of former Ordinances. Ordinance to take effect, when. FIRE LIMITS, BUILDINGS, ETC.— Ordinance establishing the Fire Limits and regulating the Construction and Removal of Buildings therein and the carrying on of business deemed hazardous on account of fire Walls of buildings within fire limits-How to be constructed Thickness of walls... • • .24 382-3 25 383 • Certain buildings not to be used for purposes specified-Cer- tain occupations prohibited, where-Shavings, etc., fire- proof vault for-Removal of same-Manufacture of set am- munition fireworks, naphtha, coal oil, etc., prohibited in fire limits Buildings not to be raised, enlarged or repaired when—Removal of same from one lot to another, when-Value of building, Sec. Block 3, Camp & Walker's Addition excepted from provisions of ordinance • same To make rules and regulations for successful operation of the fire alarm telegraph.... 39 To have custody and control of signal box keys-Record of keys distributed-Receipts for same.. Duplicate keys-Making same without permission-Penalty False alarms-Interference with boxes, wires, etc.-Making connections therewith-Injury to machinery, etc.-Violation of ordinance-Penalty 27 383 33 31 383 34 co co co 35 36 37 38 1 Page. 1 1 1 1 1 2 1.0 383 383 40 384 41 384 384 42 385 43 385 44 385 384 384 384 384 384 384 384 369 369 370 371 371 371 371 372 372 372 3 372 1184 INDEX TO ORDINANCES. FIRE LIMITS, BUILDINGS, ETC.-Continued- how determined-Notice by City Clerk of proposed removal -Remonstrances to be filed with City Clerk when-Permit for removal-Costs of advertisement-Removal from with- out and into fire limits prohibited-Permit to make repairs to be obtained from City Council-Limited space-Rais- ing buildings to grade, etc. Unlawful erection, removal or repair of buildings within fire limits-Penalty Certain buildings a nuisance, when-Abatement-Same may be razed-Expense, assessment or collection.. Stove pipes, how not to be put up-Violation-Penalty-Addi- tional penalty Lights, use of in stables, etc., prohibited, where Fires, when prohibited-Violation-Penalty Accumulation of shavings, etc.-Failure to remove same twice each week-Penalty-Exception-Stoves, how to be set up- Candles, how to be used-Accumulation of shavings, etc., prohibited—Notice by fire warden to remove same-Vacant buildings—Removal of paper, etc., therefrom-To be closed and kept closed during vacancy-Violation-Penalty...... Chips, shavings, and combustible material not to be thrown on • · • • • · street, etc.-Violation-Penalty 10 375 Fire not to be carried in street, exception-Violation-Penalty.. 11 375 Ashes-How to be kept-Where not to be kept.. 12 375 Chimneys-How to be constructed-Flues, size of-Holes for stovepipe-Violation-Penalty-Alteration of chimney re- quired, when-Notice by Fire Warden to make alteration— Failure to make alteration-Penalty. · • • Sec. G 14 376 Foundation of chimney, where not to be built-Violation-Pen- alty Chimneys in lofts, when not to commence in-Stovepipes not to pass through more than one ceiling-Penalty. Stovepipes---Where not to be placed-Protection of-Penalty... 16 376 Chimneys of boiler rooms-How to be built-Height of Viola- 15 376 tion-Penalty Lumber yards within fire limits prohibited-Penalty Hatchways, hoistways, cellar openings, etc., to be provided with shutters-Doors of same to be closed, when-Viola- tion-Penalty Page. 4 373 • 5 373 6 373-4 7 374 8 374 9 374-5 13 375 Gasoline, naphtha, benzine, etc., storage and sale unlawful, when-Quantity allowed, how to be kept-When and how to be drawn-60 gallons in metallic tanks, how and where kept-200 gallons, how and where kept-500 gallons, how and where kept.... 20 377 Kerosene oil, refined carbon oil, and products of coal, rock or earth oils, sale and storage of-Unlawful when exceeding 50 gallons-300 gallons in metallic tanks, when allowed- 500 gallons, how and where kept-1,000 gallons, how and where kept Spirits of turpentine-Sale and storage unlawful, when-600 gallons may be kept, how-Tanks, etc., how installed and kept ... Crude petroleum, gasoline, naphtha, benzine, etc., not to be kept in front of buildings on street, etc.-How long allowed..... 20 378 Fireproof Warehouses-Application to City Council for permit ..20 377-8 to use same-Permit not to be allowed, when-Permit of Council and consent of Mayor-Not to be subject to Sec. 20 of ordinance 21 Gas, gas jets, oil lamp, stove, or furnace, not to be used or lighted, where 17 376 18 376 19 376-7 20 377 21 378 378 INDEX TO ORDINANCES. 1185 FIRE LIMITS— FIRE MARSHAL— Wooden sidewalks are prohibited.. Ordinance prescribing the manner of the appointment and the duties of Fire Marshal. Appointment by Chief of Fire Department.. Duties-To enforce ordinances relating to chimneys, stand- pipes-fire extinguishers, storage of oils, benzine, gun- powder, etc. Authority to inspect buildings, between 7 a. m. and 6 p. m.— Owner and occupants to permit such inspection.... Duty to investigate all fires in city, examine premises, gather information, etc.-Make further investigation, when-No- tice of hearings-Written statements required-Incendiary fires-Arrest of guilty person.. O Record of fires, etc.-What to contain. Monthly report to City Council. Repeal of conflicting ordinances. Ordinance to take effect, when.. Duties of Fire Marshal relative to storage of turpentine, etc... To enforce ordinance requiring spark-arresters. FIRE PROTECTION- FISH · • • • In Theaters, opera houses, auditoriums, halls, buildings used for public assemblage, department stores, hotels, flat buildings, lodging houses and factories-Ordinance providing for same FIRE WARDEN- FRUIT- • · • • Ordinance relative to fireworks and discharge of firearms within city limits Manufacture of fireworks, etc., in fire limits prohibited. FIREWOOD— Ordinance regulating the measurements and sale of firewood.. • • • • · Inspector and inspection of meats, fish and provisions..... FLAGMEN- Railway companies to provide flagmen at crossings when deemed necessary by City Council.. Railway companies required to provide and maintain flagmen at crossings, when.. Ordinance providing for measurement of berries and small fruits • → Sec. • Stove-pipes-Distance from combustible materials-Notice to alter same 16 FIREWORKS AND FIREARMS- GAMBLING AND GAMBLING HOUSES- Ordinance to prohibit gaming and gambling houses.. Ordinance authorizing the destruction of all instruments used for the purpose of gaming in the City of Minneapolis. Gambling with cards, dice, etc., and keeping gambling houses prohibited-Visiting same and betting prohibited. Aiding and abetting of gambling, etc., defined. 9 Notice to remove dangerous stove-pipes………. Notice to owner or occupant to remove accumulations of shav- ings, paper and combustible materials. Notice to owner to alter chimney, when. Chimney foundation and connections-Notice to alter same. 14 376 Notice to alter stove-pipes passing through more than one ceil- 374 375 13 ing p 3 385 1 385 • 15 4 385-6 5 386 6 386 7 386 8 386 20 378 3 393 Page. ► 853 • W 23 385 7 374 385 298 879 3 372 376 376 FOOT PEDDLERS On Nicollet avenue-Ordinance regulating same. FORTUNE TELLERS Required to be licensed-Residence in City-Bond-License fee 2 655 697-99 917 560 561 670 913 876 878 877 3 877 1186 INDEX TO ORDINANCES. GARBAGE- Carriage of garbage and deal animals, etc., through streets and alleys Collection of garbage-Scavenger fees.. GAS- Franchise of D. Morrison, et al. Franchise of T. A. Murphy, et al. Gas, gas jets, etc., not to be used or lighted, where. GAS An ordinance providing for the appointment of an Inspector of Gas and defining the duties of such officer and providing for the inspection of gas and gas meters, etc... Appointment of Inspector of Gas-Examining Board-Duties of same-When to examine applicants for position of Inspector • • · • of Gas-Notice to City Clerk of time fixed for examinations -Board to certify to City Council the names of competent persons-Certified persons only eligible to said office..... Person once appointed eligible, when-Examination of appli- cants and appointment of Inspector to serve till Jan. 1, 1905 · • • Duties of Inspector-To inspect and ascertain accuracy of me- ters, etc.-To seal or mark correct meters with some suit- able device-Same to be recorded in office of City Clerk- -To make tests of gas furnished consumers, and of pres- sure maintained in gas mains-To perform duties of light inspector, when-Other duties……….. · Appointment of deputies-Powers of same. Removal of meters by gas company for testing-Supply of an- other meter during test-Failure of gas company to remove meter-Removal of same by Inspector... Consumer may have meter tested on payment of $1 fee-No- tice to gas company of time when test is to be made- Three tests to be made-As to accuracy of registration, steadiness of light, and freedom from leakage-Failure to register small quantities of gas consumed-Gas company to readjust defective meters-Reinspection of same-varia- tion of not more than two per cent allowed-Fee returned to consumer, when-Fees received by the Inspector to be paid into city treasury monthly-Inspection of meters be- fore use, when... · Care of meters by Inspector of Gas-Card to be attached to meters inspected, giving data connected with inspection, and when tested-Meter deemed sealed, when-Unlawful to deface or remove card from meter... Standard of gas required to be furnished by Gas Company- How to be tested-Kind of burner to be used in tests-All coal gas to be not less than eighteen candle power-Illumi- nating quality-Same to be determined, how-Connection for decrease in illuminating power, when-Distribution mains, how to be adjusted... Inspector to make semi-weekly tests to determine quality and power of gas-Monthly average of tests-Same deemed to show quality of gas furnished-Rooms and appliances for testing gas to be supplied by City-Location of same-Gas Company to conduct gas to such testing room... Maximum quantity of sulphur, ammonia, or sulphurated hydro- gen allowed-Gas to be free from all other noxious im- purities Gas Company to adjust and complete its system of holders and mains, etc., subject to inspection and approval of Inspector of Gas • Sec. • • 584 586 21 378 • • Page. 723 725-6 947 1 947 2 1 948 2 948 3 948 4 948 4 948-9 5 949 6 949-50 7 950 8 950 9 951 INDEX TO ORDINANCES. 1187 ·· GAS-Continued- 10 951 Tests of gas as to purity-Specific gravity and heat units—In- spector to make same at least once every four months- Tests of gas pressure to be made from time to time-Month- ly tests of gas supplied to street lights-Inspector to have all reasonable access to work of Gas Company, etc.-Mak- ing connections with gas mains-Gas Company may have a representative present at all tests made by the Inspector... 10 Official record of tests-Inspector to keep same-Gas Company to be notified of results of tests within twenty-four hours after test is made-Annual report to City Council of the results of all tests made since last preceding report...... Failure of Gas Company to furnish gas of the prescribed qual- ity-Forfeiture to City for same-Amount of same, how determined-In case of other than coal gas-In case of all coal gas-No forfeiture to City, when-Forfeiture, how to be recovered • Gas Company guilty of misdemeanor, when-Penalty-Each day's continuance a separate offense.. GAS FITTING— • Ordinance regulating gas-fitting and providing for inspection of the same Systems of gaspipes to be in conformity with ordinance—Ordi- nance not to apply to United States buildings-Permits re- quired Size of pipes-Table of same. • Quality of pipes, etc.-How to be supported-Split pipes-No traps or drips, when-Cement-Inspection before painting, etc.-Drops and openings, how made-Ells, etc., not al- lowed-Outlets, how fastened-Drops, size of-Main risers, size of Separate risers, where-Gas meter, location—Serv- ice pipe Extensions and alterations-Approval of Inspector of Build- ings-Small jobs-Notice to Inspector. Violation of ordinance-Penalty. Ordinance to take effect, when. GAS PIPES- Application for inspection-Where filed-Inspection and test- How made-Certificate of approval, when-Meter attached, when • • • Branch gas-pipes and connections required to be put in by owners in streets ordered paved. GASOLINE, ETC.— • Storage of unlawful, when-Quantity allowed-How to be kept -When and how to be drawn. Storage of in warehouses... Not to be thrown, left, deposited, or dropped on streets, ave- nues or alleys.. GATE KEEPERS- Railway companies to provide and maintain same at crossings, when • GLANDERS- Glandered animals not to be brought into or kept in city- Penalty Quarantine of animals having glanders, etc.-Same when to be killed and removed.. Horses and other animals sick with glanders, etc., not to be bought, sold or kept in city.. GOODS, WARES AND MERCHANDISE- Display of same for sale on or over any sidewalk or street pro- hibited • • Sec. 11 951 12 951-2 13 952 Q Page. 1 364 2 364 136 1 2 364-5 5 4 365 6 364 .. 365 365 365 2 910 20 377 21 378 1 865 561 1 693 28 715 27 715 7 868 1188 INDEX TO ORDINANCES. GRADES OF STREETS- Ordinance establishing and designating the grades of the sev- eral streets and avenues in the City of Minneapolis.. West of main channel of Mississippi river. East of main channel of Mississippi river. City Engineer to notify property owners of proposed change of grade Temporary grading of street for passageway, etc. .. GRADING- Of streets for convenient access to lots... GRAND OPERA- License fee • poses GRANTS AND FRANCHISES-See Following- Railroad grants and franchises.. Street railway grants and franchises. Miscellaneous grants and franchises. GREAT NORTHERN RAILWAY COMPANY Grants and franchises to..... ― Summary of resolutions, motions and reports of committees relative to railroad grants and franchises. Same relative to street railway companies.. Same granting rights to use public streets for various pur- · • • • HAWKERS AND CRIERS License fee • • GUARANTY LOAN BUILDING COMPANY— Underground subway across Second avenue south to Lot 10, Block 65, Town of Minneapolis... • • Underground subway across Second avenue south to Lot 1. Block 65, Town of Minneapolis. GUN COTTON-See Gunpowder.. • • GUNPOWDER, DYNAMITE, ETC.- Ordinance regulating the storage, keeping and conveying of gunpowder, etc. Gunpowder, dynamite, nitroglycerine, gun cotton, etc.—Quan- tity allowed to be kept.. Gunpowder-How kept by retailers. Sign "Powder For Sale" to be placed, where-Notice to Chief Engineer of Fire Department. Conveyance of explosives-How to be protected. How long may be kept in city and in streets, etc.-Exception as to wholesale merchants, when-Country trade.. To be sold only between sunrise and sunset. Blasting powder in quarries—Quantity allowed-Protection of • same Violation of ordinance-Penalty GUTTER, CURB AND GUTTER- City Engineer to control and supervise construction of same.. No person to lay or construct same without a permit from the City Engineer • • • · • Sec. • • .394-555 .564-582 .584-653 ► • • · .414, 420-426 739 741 3 781 · 01 00 410 2 5 658 22 m 5 1 804 852 3 Page. 1 22 m 3 852 D 1 390 1 391 986 994 1013 644 4 391 391 976a 390 390 6 391 7 391 Bond required to be filed before permit issued. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL.- Ordinance licensing regulating same, etc. HALLS- Ordinance to regulate construction of, etc. HARRIET- Ordinance establishing and maintaining a uniform height of water of Lake Harriet, etc. HATCHWAYS, HOISTWAYS- 960 How to be protected Doors, etc., to be kept closed, when...... 19 376 HATS- Wearing of in licensed theaters, museums, etc., prohibited, when 391 391 855 855 855 660 298 882 5 659 INDEX TO ORDINANCES. 1189 HAWKING, PEDDLING AND VENDING- Vegetables and small fruits on public streets at retail pro- hibited, when Fresh fish at retail on public streets prohibited.. Meats, game and poultry in streets prohibited, when. HEALTH (See Sanitary Ordinances)— • On Kenwood parkway On Cedar Lake road. ICE- Preservation of health and prevention of diseases (general ordi- nance) HERDING- Of cattle, horses, sheep, etc., prohibited, where. HITCHING— Horses or other animals so as to obstruct sidewalks or cross- ings prohibited Horses, etc., on streets-Same, how long, where. Horses, etc., to lamp posts prohibited. HOUSE NUMBERS- • · • INJURY- • • → All buildings fronting on streets and avenues in the City of Minneapolis required to be numbered by owner thereof.... On Sixth avenue north. On Royalston avenue. On Highland avenue. HOUSES OF ILL FAME- In any street or public place.. · • Removal of snow and ice from sidewalks in fire limits. Throwing snow and ice on any street, lane or alley. ILL FAME, HOUSES OF.. INDECENT EXPOSURE- Ordinance relating to disorderly houses, and houses of ill fame and common prostitutes.. INSPECTION AND INSPECTOR OF GAS. INSPECTION OF GAS FITTING.. • • • • • S • • • • • · • Regulation of cutting, importing, storage and sale of ice in the city 53a • Ordinance creating the office of Inspector of Plumbing.. INSPECTOR OF SMOKE- • • • To fences, buildings, bridges, guide posts, sign board, lamp post, telegraph post, etc., prohibited. INSPECTION OF BREAD INSPECTION OF MEATS, FISH AND PROVISIONS— Ordinance to regulate the inspection of meats, fish and other provisions INSPECTION OF MILK, DAIRIES AND DAIRY HERDS INSPECTOR OF BREAD.. INSPECTOR OF BUILDINGS- • Appointment, qualifications, term of office, examination, etc. Approval of extensions and alterations of gas piping, when.. INSPECTOR OF MEATS AND PROVISIONS- Ordinance to create the office of Inspector of Meats, Fish and Other Provisions, and to define his duties.... INSPECTOR OF PLUMBING- • • Ordinance creating the office of Inspector of Smoke, and defin- ing the duties of the same... INTELLIGENCE OFFICES, ETC. • Ordinance to license and regulate all keepers of intelligence or employment offices, etc. INTERFERENCE-See false fire alarms. INTOXICATING LIQUORS— Sale of in market house prohibited... Ordinance to license and regulate all persons vending, deal- ing in, or disposing of spirituous, vinous, fermented or malt, liquors, etc. Sec. 18 19 20 • 12 2 738 10 868 24 871 27 871 13 ► • • · Page. ·· 632 632 632 • 709 4 873 42 20 870 701 947 364 15 860 861 862 863 863 864 874 718 856 869 874 1 237 4 365 699 703 701 697 728 732 676 385 631 680 1190 INDEX TO ORDINANCES. INTOXICATING LIQUORS-Continued. Ordinance regulating all persons vending, dealing in, or dis- posing of spirituous, vinous, fermented or malt liquors in the City of Minneapolis (wine rooms). INTOXICATION OR DRUNKENNESS IN ANY STREET OR PUB- LIC PLACE Same in Central Market prohibited. ISLES- Ordinance establishing and maintaining a uniform height of the water in Lake of the Isles, etc. JAIL- County jail established as a city workhouse. JUNK DEALERS AND PEDDLERS- LAKE- Annual license fee... Ordinance regulating junk dealers, etc. Junk dealers having an established place of business-Bond for $1,000 required-Junk peddlers-Bond for $100—Condi- tions of bonds.. License to be carried when engaged in business-Junk peddler's badge-Size and inscription on same-Not to purchase from minors KEROSENE, ETC.- Sale and storage of-Unlawful, when, etc. Storage of in warehouses.. Not to be left, thrown, deposited or dropped on streets, avenues or alleys LABOR AND MATERIALS- Ordinance relating to contracts and contractors with the City of Minneapolis. • Calhoun-Uniform height of water of. Harriet-Uniform height of water of. Of the Isles-Uniform height of water of….. LEWDNESS- Intelligence offices Theaters Drunkenness and indecent exposure in street or public place prohibited ·· • Committing acts of lewdness, etc.-Penalty. LICENSE ORDINANCES Intoxicating liquors Wine roms, etc. Dogs, license of, etc. LICENSING OF PLUMBERS- • • • • Application-Bond-Conditions • LICENSE ORDINANCES- Miscellaneous licenses Hackmen, draymen, expressmen, et al. Foot peddlers on Nicollet avenue.. Porters, runners, agents and solicitors. Wagon and push cart peddlers.. Pawnbrokers-Dealers in second-hand goods-Junk peddlers.. • • • • • • • MISCELLANEOUS LICENSES— Ordinance regulating licenses in the City of Minneapolis...... Occupations to be licensed-Minors to be excluded from room where licensed billiard table, pool table, pigeon hole table, nine or ten pin alley is situated or used.. Yearly rates-Auctioneers-Peddlers • Fortune tellers, astrologers, clairvoyants, etc.-Six months' residence in city required-Bond.. Billiard tables, pool tables, pigeon hole tables, nine or ten pin alleys, where not to be licensed-Shooting galleries, Chinese ball games, other games and performances. Sec. • 6 3 17 • Page. 686 2 655 673 • 873 631 7 675 .3, 4 873 • 4 875 654-90 654 660 670 670 673 673 676 679 680 686 687 • 961 7 675 20 377 21 378 1 865 · · 930 • 925 960 960 961 366 654 2 654 2 654-5 2 655 2 655 INDEX TO ORDINANCES. 1191 ? LICENSE ORDINANCES-Continued. MISCELLANEOUS LICENSES-Continued. Theaters, pawnbrokers, second-hand dealers, junk dealers, skat- ing rinks, museums Auctioneering watches, jewelry, etc.-Auctioneer to state in loud voice whether article is of gold, silver or base metal -Minimum fineness of gold and silver articles offered for sale as such-Plated ware auctioneer to state with what metal it is plated-Proceeds of sales to be retained 24 hours -Complaint by buyer-Auctioneer to refund purchase price, when-If not refunded, same to be kept a separate and dis- tinct fund-Limitation Wagon peddler may have one driver to assist him-Licensee only to peddle under his license-Wagon and foot peddlers not to stop more than ten minutes to make sales, where- Push cart peddlers not to peddle on Nicollet avenue between Mississippi river and Twelfth street; nor stop on Henne- pin avenue or Washington avenue more than ten minutes to make sales, where. • • All licenses to expire on first Monday of May next after same is issued-License issued for balance of year, when-Pro rata payment of license fee... Obtaining license-Applicant to pay fee to City Treasurer-City Comptroller to issue license-Form of same-Transfer of license to another place-Record of same--Licensee to do business only at place designated in license-Peddlers ex- cepted-Wagon peddlers to have numbers on their vehicles -Same to be specified in the license-Peddler's badge- Inscriptions on same-Comptroller to furnish same-Ped- dlers to wear badge, where-And carry license-Loss of license, badge or wagon tin-Duplicate of same, how ob- tained-Fee • Sec. · • 2 655 2 655-6 2 656-7 3 657 Peddling without license-Penalty. Auctioneer's license not to be issued until authorized by City Council Menageries, circuses, etc.-License to be obtained before exhib- iting same [ Rates for licenses-Grand operas, small circuses, bicycle, pedes- trian or skating contests, etc.-Minstrels and other con- certs and theatrical and operatic performances, where not licensed by the year-Dime museums, circus alone, me- nagerie alone, circus and menagerie combined, side shows.. Shows, entertainments, exhibitions and performances not enu- merated in ordinance-Ventriloquists, musicians, magi- cians and similar exhibitions-Hawkers and criers selling goods, etc. Minstrel and other concerts, theatrical and operatic perform- ances, where not licensed by the year-No performance allowed where liquor is sold-No license required for per- formances by local societies, etc., when-Same not deemed concerts Licenses, how obtained-No person to do any business men- tioned in Sec. 5 until a license therefor is obtained. Record of licenses-City Comptroller to keep same, etc Transfer of licenses-Consent of Mayor-Record of transfer- Auctioneer's license not assignable.... Auctioneers not to sell outside of building or lot occupied by him, nor at door of such building, etc. S Revocation of licenses-By Mayor or City Council at any time- By the court upon conviction-Refund for unexpired term, when-Forfeiture, when 9 660 Violation of ordinance-Penalty-Court may revoke license upon first conviction, and shall revoke it upon second conviction 10 Repeal of ordinance approved May 8, 1882. 11 Page. 4 657 4 658 4 658 5 658 5 5 658 5 10 60 5 7 659 659 659 659 659 659 660 660 1192 INDEX TO ORDINANCES. LICENSE ORDINANCES-Continued. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL.- Ordinance licensing and regulating hackmen, draymen, ex- pressmen and other persons engaged in carrying passen- gers, baggage and freight, regulating their charges and prescribing standing places within the streets for their vehicles Vehicles used for pay or hire required to be licensed. Who may drive licensed vehicles, etc.-Payment of license fee- Obtaining license-What to be deemed licensed vehicle.... 2 661 Licenses-Issued by City Comptroller, when-Receipt for license fee to be presented-License, how to be signed and attested -Number on license-Register of licenses to be kept by Comptroller Expiration of licenses-Transfers of same Revocation of licenses by Mayor.. Number of vehicle to be kept on outside of lamps on same- Removal of number on expiration of license. · • License fees-Omnibuses, etc.-Hackney coaches, etc., two horses-Cabs, etc., one horse-Express wagons, etc., two horses-One horse express, etc.-Drays, etc., three or more horses-Exemption of free omnibuses.. • • • • · Lamps required on vehicles, when-Exception-Number of license, where to be placed-Door knob or handle re- quired on inside of vehicle doors—Omnibuses, lamps there- on-Number of license.... Licenses to designate number and name of vehicle licensed- Licensee liable for violation of ordinance.. Drivers of licensed vehicles required to wear a badge-Descrip- tion of same-Badge to be worn in a conspicuous place.... 8 662 Transfer of license-How to be made-Application to City Comptroller-Fee for transfer.... 9 662 • • Sec. Page. ▸ · • 660 1 660 Rates of fare for conveyance of passengers-Rates for children -Rates per hour-One-horse cab, rate per hour... Rates for public carts and licensed vehicles for carrying bag- gage or freight..... 11 No greater fees allowed-List of fares required to be posted in conspicuous place in or on vehicle.... 11 663 Free baggage, extent of same-Charges for additional baggage.12 663-4 Baggage left by passengers in licensed vehicles—To be disposed of, how Card to be fixed in vehicles-Furnished by City Comptroller-- Contents of same-Sections 11, 12 and 13 of ordinance to be printed thereon-Driver to carry similar card, and exhibit same upon request.... Disputes as to price or distance-How settled. Hiring by the mile, when-Charge for detention, when. No number or rates of prices fixed in vehicle-Driver not en- titled to fare.... • • 19 665 Stands for passenger vehicles-Depots, when-Not between rail- way tracks-Theaters, etc., when-City Council to estab- lish stands upon consent in writing of abutting owners..18 664-5 Drivers with vehicles to wait for business at established stands only Drivers, etc., not to refuse or omit to convey passengers and baggage, when Police department to see ordinance enforced-Special power of police to order vehicles away from stands, when Unsuit- able harness or horses-Obstruction of street-Unruly 20 • 3 661 4 661 5 661 6 661-2 .10 662-3 7 662 11 663 663 13 664 14 664 15 664 16 664 17 664 665 INDEX TO ORDINANCES. 1193 LICENSE ORDINANCES-Continued. HACKMEN, DRAYMEN, EXPRESSMEN, ET AL.-Con- tinued. horses Intoxication of driver-Orders of police to be obeyed Sleighs Provisions of ordinance to apply to same-Sleighs may be used in place of licensed vehicles.. Name, number, owner, place of abode and stable to be given upon request .. "Public cart" defined-License for same must be had. "Public cartmen" defined.... Public carts must be licensed-Licensee of public cart deemed owner thereof-Liability--Drivers of licensed vehicles not to be under 16 years of age.. Cart stands-Location of same.. Police may order vehicles removed, when-Failure to comply with order a violation of ordinance... Accidents by coming in contact with licensed vehicles-Duty of driver to stop, render assistance, etc. Unlawful to drive on sidewalks, stop on crosswalks, or obstruct streets, etc. • · • • • • • · Payment to cartman of legal rate to be made, when-Reten- tion and conveyance of articles to Chief of Police-Settle- ment of disputes as to distances or rates... Unlawful to convey persons to house of ill fame, when-Or deceive any person as to worthless railroad tickets, etc.- Or make false representations, etc. Name of driver, etc., to be given upon request-Driver not to impose upon, deceive, strike, threaten, insult or abuse pas- sengers · • ... • • • Driver not to misinform or mislead any person as to time or place of arrival of cars, steamboats, etc., or as to location of depots, hotels, etc. Unlawful for driver to induce persons to ride in or employ his vehicle by false representations, etc. Driver, etc., not to act as porter or runner without a license therefor-Racing-Rate of speed-All such vehicles to keep to the right in passing-Not to drive over street crossings faster than a walk.... Unlawful for driver to leave vehicle when moving, or snap or flourish whip while waiting for employment, etc. Violation of ordinance-Penalty. Repeal of conflicting ordinances. FOOT PEDDLERS— Ordinance regulating foot peddlers doing business in the City of Minneapolis Foot peddling prohibited on Hennepin, Nicollet and Washing- ton avenues, First avenue south, Third, Fourth, Fifth, Sixth and Seventh streets, where.. Violation of ordinance-Penalty. PORTERS, RUNNERS, AGENTS AND SOLICITORS— Ordinance to regulate and restrain porters, runners, agents and solicitors, etc., within the City of Minneapolis. License for same required.. Sec. 21 665-6 22 666 23 666 24 666 25 666 26 666 27 666-7 Page. 28 667 29 667 31 30 667 37 668-9 • 40 38 669 667 39 669 1 41 669 2 Who may be licensed-Application to City Comptroller for license-Receipt from City Treasurer of license fee---Same $200 per annum.. License to expire on first Monday of May-Period for which to be issued-Pro rata payment of license fee, when.. Revocation of license at option of licensee-New license-No additional fee for same-Consent of Mayor or City Coun- cil necessary to transfer of license.. 669 42 669 43 669 44 670 1 670 2 670 670 670 670 670 3 670 4 670 1194 INDEX TO ORDINANCES. LICENSE ORDINANCES-Continued. PORTERS, RUNNERS, AGENTS AND SOLICITORS-Con- tinued. Porters, etc., required to wear a badge-City Comptroller to furnish same-Description on badge-Same to be worn, where Unlawful to solicit business upon certain places and streets of the city-Depots, station grounds, etc.-Exception-High street, Hennepin avenue, Washington avenue, Nicollet ave- nue, First avenue south, where.. Disturbances-Use of profane language, etc.-Not to take hold of persons or baggage, etc. Violation of ordinance-Penalty. Repeal of ordinances and parts of ordinances licensing porters, etc. WAGON AND PUSH CART PEDDLERS- Ordinance regulating same in City of Minneapolis. Unlawful for wagon or push cart peddlers to exercise their vocation within certain territory-Description of boun daries of same. Violation of ordinance-Penalty Inconsistent ordinances repealed. • · · · AR • • PAWNBROKERS, DEALERS IN SECOND-HAND GOODS AND JUNK DEALERS- Ordinance regulating same in City of Minneapolis.. Pawnbroker defined · • • · • • • • • • • • INTELLIGENCE OFFICES, ETC.- Ordinance to license and regulate all keepers of intelligence or employment offices, etc. License required before engaging in business. Application for license-License fee for employing men, $100— License fee for employing women, $10-Bond of $10,000 re- quired-License issued for portion of year, when-Payment of pro rata fee-Employment offices not to be in saloons, etc. Bond to run to State of Minnesota-Conditions of bond-Filing • • • • • • same Application for license-What to contain-Filing with City Clerk-To be referred to City Council-City Council to authorize issuance of license by resolution-No license to be issued unless so authorized.. City Comptroller to issue license, when.. Civil actions on bond-Recovery of damages, etc. • • Pawnbrokers and second-hand dealers to keep record of goods pawned, pledged or purchased, etc.-Books to contain what -Books to be open to inspection by Mayor and police...... 2 674 Copy of books to be furnished Chief of Police daily-Excep- tion-Period for redemption.. 3 674 Property not to be sold or redeemed within 48 hours-No sale or redemption to be allowed upon notice from Chief of Police, etc. What time shall not be considered in enforcement of ordinance -Business not allowed, when.. License to be obtained, when. Bond of pawnbroker-Amount $500-Bond of second-hand dealer and junk dealer having an established place of business- Amount $1,000-Bond of junk peddler-Amount $100-Condi- ditions of bonds-Record of licenses issued to be kept by City Comptroller-Junk peddler to have and wear a badge -Size and inscription on same-License to be carried when engaged in business-Not to purchase from minors. License required before exhibiting pawnbroker's sign. Violation of ordinance-Penalty. Inconsistent ordinances repealed. • Sec. 5 671 6 671-2 7 672 8 672 9 672 TQ M 1 2 3 : Page. 6 673 1 673 5 6 m 673 4 674 ܡ 673 673 673 • 675 8 675 675 9 10 676 674 675 676 1 676 2 676 3 677 4 677 5 677 6 677 INDEX TO ORDINANCES. 1195 LICENSE ORDINANCES-Continued. INTELLIGENCE OFFICES, ETC.-Continued. Licensee to keep record book-Entry of contracts therein- Items of same-How contracts to be signed-Entries in book-Book to be open to inspection by Mayor and Police -Certified copy of contract to be furnished to persons em- ployed-Form of certificate-Failure to comply with pro- visions of this section prima facie evidence of fraud…………. Revocation of license by City Council, when.. Licenses to expire on first Monday of May after issued. Violation of ordinance-Penalty.. Repeal of inconsistent ordinances. THEATERS— • • Ordinance to license and regulate theaters and theatrical per- formances in the City of Minneapolis.. Theaters required to be licensed... Application for license-Presentation of same to City Council- Council to authorize issuance of license-No license to be issued unless authorized by City Council..... Annual license fee $150-Licenses to expire on first Monday of May-Payment of license fee-City Comptroller to issue license upon being furnished with copy of resolution and receipt from City Treasurer of license fee. No license to be issued for any theater in or adjacent to any saloon, etc. Revocation of license.. Violation of ordinance-Penalty. • • · · · • SALE OF INTOXICATING LIQUORS— Ordinance to license and regulate all persons vending, deal- ing in or disposing of spirituous, vinous, fermented or malt liquors, etc. Liquors not to be sold or disposed of by any one without a license Affidavit to be made and filed by applicant for license-Con- tents of affidavit.. Bond for $2,000 required-Sureties-Conditions of bond-Sure- ties to be on one bond only.. Filing of affidavit, bond and application-Publication fee of $1.00-City clerk to publish notice-Items of same-Time of hearing application, etc.-Several applications in one notice-Objections to granting license-Adjournment of hearing Certificate of City Clerk-Applicant entitled to license, when -Contents of license-Revocation of license-License cer- tificate, where to be kept posted.... License not assignable-Executor may continue business, when License fee $1,000.. •• Sec. Saloons to be closed on Sunday, election days, and during riots -Liquors not to be sold on Sunday, etc.-Nor to minors or habitual drunkards-Gambling and games of chance pro- hibited in places where liquor is sold-Prostitutes to be excluded from saloons, etc. No liquors to be sold between 12 o'clock midnight and 5 o'clock a. m. m.-Nor where concerts or theatrical or operatic per- Page. 7 677-8 S 9 10 11 678 678 678 678 License not to be issued to certain persons-Minors—Persons convicted under ordinance or state laws-Persons whose license has been revoked-Persons not superintending the business-Agents for others Owners of another license.... 2 680 Saloons within 400 feet of school buildings, parks or parkways prohibited—Also in buildings where theatrical or variety entertainments are carried on, or adjacent thereto—Ex- ception... 679 1 679 2 679 3 679 4 679 5 679 6 680 680 1 680 2 681 3 681-2 4 682 5 682 6 682-3 7 683 S 683 9 683 1196 INDEX TO ORDINANCES. LICENSE ORDINANCES-Continued. SALE OF INTOXICATING LIQUORS—Continued. formances are carried on, nor in places connected there- with Liquors not to be sold or disposed of in places where free lunches are furnished, etc.-Violation of ordinance, what construed to be-Sale of food, meals and lunches not pro- hibited, when Superintendent of Police to notify dealers not to sell to habitual drunkards-Request for same-After such notice no dealer to sell or furnish liquor to habitual drunkards.... License may be revoked by Mayor or City Council at any time, and by the court upon conviction, when-Refund of pro- portional part of license fee-Surrender of license by li- censee-Return of license fee in part-Certificates of Clerks of Municipal and District Courts.... Violation of ordinance-Penalty-Revocation of license upon conviction-No license to be issued for one year to person convicted ··· Provisions of ordinance not to apply to pharmacists and drug- gists, when Pharmacists and druggists subject to fines and penalties of ordinance, when • • • · • • * Ordinance regulating all persons vending, dealing in or dispos- ing of spirituous, vinous, fermented or malt liquor in the City of Minneapolis.. Stalls, booths, etc., in saloons, prohibited-Screen inside of front door allowed... Violation of ordinance-Penalty. • • 15 686 16 686 Physicians subject to same fines and penalties, when. Repeal of conflicting ordinances and parts of ordinances………….. 17 686 WINE ROOMS- • DOGS, LICENSE, ETC.— Ordinance concerning dogs.. Dogs required to be registered and licensed, etc.-Term of license-License fees • • • Sec. • .10 684-5 • · • • 9 684 9 684 12 Page. 13 685 Duties of City Clerk-Tags-Counterfeit tags, making, sale and use of same a misdemeanor-Lost or stolen tags-Surren- der of license, etc.-Duplicate tag and license-Fee-No duplicate tag and license to be issued, when-City Clerk may require affidavit as to loss of tag, etc. License moneys-Payment of part to Police Department Re- lief Association and part to City Treasurer. Dog pound-Annual appropriation for same, etc. Collar and tag required to be kept on dogs by owner. Dogs not to be permitted to run at large. Lawful to kill dogs, when.. Vicious dogs-Killing same lawful, when. Female dogs-Not to run at large-Killing same lawful, when.. Mayor may require dogs to be muzzled-Order and notice... Violation of ordinance-Duty of police officers to enforce ordi- nance-To kill dogs, when-To report dogs running at large-License to be exhibited upon request... Dog license inspector-Appointment by Mayor-Duties of In- spector Employment of teams and dog catchers-Same to act under police supervision-Treatment of dogs-Release of dogs, when-Fee-Receipts-License and tag to be issued, when.. 12 689 Impounded dogs to be killed, when-Disposal of remains-In- spector to make monthly payments to City Treasurer of proceeds, etc. 13 689 Record of dogs received at the pound, and of dogs killed.. 14 689 Vicious dogs reported to Commissioner of Health-Inspector 14 685 685 1 686 2 686 p 686 1 687 3 3 4 5 W 687 687 4 687 687 5 688 6 688 77 688 8 688 9 688 688 10 10 688 11 688 INDEX TO ORDINANCES. 1197 LICENSE ORDINANCES-Continued. DOGS, LICENSE, ETC.—Continued. to take same to dog pound upon request of Health Com- missioner-Detention at dog pound-Diseased dogs not to be killed until ordered by Commissioner of Health.. Interference with dog catchers. Violation of ordinance-Penalty Repeal of ordinance approved Dec. 4, 1895. LIGHT, HEAT AND POWER- LIGHTS- In stables prohibited, when... LIQUORS- Gas franchise-D. Morrison, et al. Gas franchise-T. A. Murphy, et al. Minnesota Electric Light and Power Company. Edison Electric Light and Power Company. Electrical subways-National Subway Company Edison Light and Power Company. Thomson-Houston Electric Company. St. Anthony Falls Water Power Company Minnesota Power and Trolley Company. Underground wire ordinance... • • • karakte • • • • • • Sale of in market house prohibited. Ordinance to license and regulate all persons vending, deal- ing in or disposing of spirituous, vinous, fermented or malt liquors, etc. LOCATION— Of stables, ordinance to regulate and designate same. LOCOMOTIVE ENGINES AND RAILROAD CARS- • Ordinance regulating all persons vending, dealing in or dis- posing of spirituous, vinous, fermented or malt liquors, etc. • • • • • Rate of speed in city limits.. Whistling of locomotives in city limits prohibited. Rate of speed on Central avenue and Seventh street northeast.. · · LOT- In business portion of city defined to mean a subdivision of 22 feet front LOW GROUNDS- Ordinance to compel owners to fill or drain low ground.. LOWRY, THOMAS- • Underground subway across alley in Block 50, Minneapolis.... LUMBER AND MILLWOOD PILES— · Ordinance to designate where lumber piles and millwood piles shall not be maintained. • • • Territory within which prohibited. Existing piles to be removed within ninety days. Not to apply, when-Lumber for building-Millwood for domes- tie use-Fuel for manufacturing-Conditions.. Violation of ordinance-Penalty.. nances Exception as to building material and firewood. Violation of ordinance-Penalty………. • • ORDINANCE to designate where lumber piles and millwood piles shall not be maintained... Territory within which prohibited.. "Lumber piles" to include lath and shingles in all similar ordi- • • ORDINANCE to prevent maintaining of lumber and wood yards and piling lumber, wood and slabs within fire limits on west side of river, etc. Lumber or wood yards for piling lumber, wood or slabs for sale, within fire limits for west side prohibited-Exceptions Sec. : : 15 689 16 689 17 689 18 690 : 15 • • 8 374 • Page. 34 584 586 589 590 592 594 595 596 613 622 631 2 2 0 680 1 909 3 686 729 559 559 562 386 1 387-8 2 388 694 3 388 648 4 38S 389 1 389-90 390 390 390 388 1198 INDEX TO ORDINANCES. LUMBER AND MILLWOOD PILES-Continued. LUMBER AND MILLWOOD PILES-Continued. of territory-Six months for removal of existing yards- Cordwood excepted Violation of ordinance-Penalty. LUMBER YARDS- For sale of lumber within fire limits prohibited.. LURKING— Lying in wait or concealed in any house, yard, premises or street, with intent to do mischief or commit any crime prohibited LYING IN WAIT, ETC., PROHIBITED.. MANURE- MAYOR- Ordinance to regulate the hauling of manure out of the city, to prescribe rules regulating the same, etc. MATERIALS— Ordinance relating to contracts and contractors with the City of Minneapolis MARKETS— Ordinance establishing a central market…….. Ordinance establishing a wood, hay and live stock market in the west division of City of Minneapolis.. Inspector and inspection of.. MENAGERIES- • Consent to use premises for storage of gasoline, etc. MEATS, FISH AND PROVISIONS— MILK • Required to be licensed-License fee. MEASURES See Weights and Measures, pp. 911-917. MERCHANTS' BOARD OF UNDERWRITERS-SALVAGE CORPS— Grant of right of way on streets of the city.... MESMERISM- Persons practicing to be licensed-License fee-Residence in city-Bond License for sale of, required-Inspection, etc. MILLWOOD PILES- Where not to be maintained-East Side.. Lumber and wood yards prohibited within fire limits on West Side • • • Where same shall not be maintained. MINNEAPOLIS DISTRICT TELEGRAPH COMPANY- Assignment of grant to..... MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY- Grants and franchises.... MINNEAPOLIS & EASTERN RAILWAY COMPANY • • • Grants and franchises.. MINNEAPOLIS WESTERN RAILWAY COMPANY- Grants and franchises. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RY, CO.— Grants and franchises. • · MINNEAPOLIS STREET RAILWAY-See Street Railway. Grants and franchises... Summary of resolutions, motions and reports of committees relative to same.... MINNEAPOLIS UNION RAILWAY COMPANY- Grants and franchises to. Sec. 1 388-9 2 389 18 • 1 873 873 ·· Page. 10 5 376 • 726 21 378 4 925 697-99 628 635 658 2 655 643 703 386 388 389 599 394-402 403-08 412 536-43 564-82 994 481-89 INDEX TO ORDINANCES. 1199 MINNESOTA & NORTHWESTERN RAILROAD COMPANY— Grants and franchises to.. Grants and franchises to. MINNESOTA CENTRAL TELEPHONE COMPANY- Grant to MINNESOTA MINORS ELECTRIC LIGHT AND ELECTRIC MOTIVE POWER COMPANY • MINNESOTA POWER AND TROLLEY COMPANY Grant to · • • Exclusion of from places where billiard tables, pool tables, pigeon hole tables, etc., are situated or used... MISSISSIPPI VALLEY TELEPHONE COMPANY- Grant to • · MISCELLANEOUS GRANTS AND FRANCHISES- Gas franchise-D. Morrison, et al. Gas franchise-T. A. Murphy, et al.. Minnesota Electric Light and Power Company Edison Electric Light and Power Company. Electrical subways-National Subway Company. Edison Light and Power Company. Thomson-Houston Electric Company. St. Anthony Falls Water Power Company American Union Telegraph Company. American District Telegraph Company Western Union Telegraph Company Rapid Transit Telegraph Company. Chicago and Northwestern Telegraph Company American Telephone and Telegraph Company. Minnesota Central Telephone Company. Mississippi Valley Telephone Company. Minnesota Power and Trolley Company Underground wires, etc. • • • • • • • • • • • • · • • • • • • • Central Market Wood, hay and live stock market (James F. Duffey) Canal-St. Anthony Falls Water Power Company. Wm. D. Washburn-Water mains in Washburn Park. Merchants' Board of Underwriters... • • • • Guaranty Loan Building Company-Subway across Second ave- nue south • • • Summary of resolutions, motions and reports of committees granting rights to use public streets, etc. MISCELLANEOUS GRANTS AND FRANCHISES-pp. 584-653. GAS FRANCHISE-D. MORRISON, ET AL.— Ordinance granting right to manufacture and sell gas in City of Minneapolis Exclusive right for 40 years to manufacture and sell gas-For public and private use-Exclusive right to lay gas pipes in streets, etc.-Private rights... Entry upon streets-Excavations-Care to be taken-Guards and protection against accidents City lighting-Contracts and regulations. Arbitration-Arbitrators, how chosen-Duties of arbitrators- Vacancies, how filled-Decision of arbitrators final-Terms during arbitration Pipes, when to be laid-Gas to be furnished to city-Price-Dis- agreement as to price-How price to be fixed... • : Sec. • • • { Powers Mercantile Company-Subway across alley in Block 80, Minneapolis Thomas Lowry-Subway across alley in Block 50, Minneapolis.. Cudahy Packing Company-Subway across Third avenue north from Central Market • · 1 654 • • • • : : : ❤ age. 1 532 532-4 604 589 613 608 584 586 589 590 592 594 595 596 597 598 600 601 602 603 604 608 613 622 628 635 639 642 643 646-49 648 644 653a 651 1013 584 584 2 584 3 584 3 585 4 585 1200 INDEX TO ORDINANCES. MISCELLANEOUS GRANTS AND FRANCHISES-Continued. GAS FRANCHISE-D. MORRISON, ET AL.-Continued. Entry of buildings. Injury to machines, pipes, etc.-Penalty Forfeiture of grant... . • Exemption from taxation for three years. City may purchase gas works in 40 years-Value, how deter- mined-Arbitrators to fix price. Extension of grant.. · ·· GAS FRANCHISE-T. A. MURPHY, ET AL.— Ordinance granting right to manufacture, furnish and sell gas in City of Saint Anthony. Exclusive right and privilege.. • Use of streets for gas pipes-Private rights. Entry upon streets, etc.-Excavations-Care to be taken Guards and protection against accidents.. City lighting-Arbitration-Arbitrators, how chosen-Duties of same-Vacancies, how filled-Decision final-Terms during arbitration Pipes, when to be laid—Furnishing gas—Extent-Price of gas- In case of disagreement, how fixed... Entry of buildings, when-Gas meter regulations. Injury to pipes, etc.-Penalty. Forfeiture of grant... · · • City may purchase gas works for actual value-Same to be fixed by arbitrators-Same, how chosen-Award to be purchase price Grant to be extended, when, for how long.. MINNESOTA ELECTRIC LIGHT AND ELECTRIC MO- TIVE POWER COMPANY- Grant of permission to erect and maintain poles, wires, masts and other fixtures in streets, alleys, avenues and public grounds for furnishing heat, light and power by means of electricity C • • Subject to city ordinances-Removal or change of wires, etc.— Protection of life and property.... • • Poles, where to be erected-Wires, etc., to comply with cer- tain rules EDISON ELECTRIC LIGHT AND POWER COMPANY— Grant of right to use certain streets for underground system of wires for carrying electric currents.. Restrictions—Company to assume all liability-Indemnify city • • And defend suits.. No exclusive privilege. Grading or paving streets-Company to conform its system to streets-Not to delay city work. City Council may compel extension of system-Power of station not to be exhausted-Extension of system, when-Petition to Council-Contract with company-Council to fix terms- Council to order extensions, when-Limit on streets not graded Reasonable prices required-Schedule of rates-House light- ing-Commercial rates • • Subject to underground ordinance, and amendments to same- Same made part of terms hereof-Acceptance of same.... Change of location of wires, etc.-Company to make change at its own cost-Supervision of City Engineer….. Grant shall terminate, when-Repeal by council, when. NATIONAL SUBWAY COMPANY_ Grant of permission to lay electrical subways, pipes, etc., in streets and alleys of City of Minneapolis. · • Sec. ∞ ∞ → Un 5 585 6 585 77 586 Page. 8 586 9 586 10 586 586 1 586 1 587 • ૧૭ 3 587 587 4 587-88 5 588 6 588 7 588 8 588 9 588 1 589 1 589 2 589 1 590 1 590 2 590 3 590 4 590-1 5 591 6 591 7 591-2 592 8 592 INDEX TO ORDINANCES. 1201 MISCELLANEOUS GRANTS AND FRANCHISES Continued. NATIONAL SUBWAY COMPANY-Continued. May occupy streets, avenues and alleys-Construct conduits, etc. For term of 30 years-Purposes. System may be used by others-Terms-Arbitration in case of disagreement-Arbitrators, how chosen... Consideration-Space for city wires-Two miles to be ready, when-Extension of system... No exclusive privilege Space to be occupied-Approval of City Engineer-Subject to ordinances-Removal of system by order of Council, when-Council to remove, when Company to pay expense of same. Acceptance of ordinance-Filing same-Ordinance to operate as contract-Forfeiture • • • EDISON LIGHT AND POWER COMPANY_ Grant of right to use streets for an underground system of wires carrying electric currents-Subject to terms and restrictions of ordinances. · • • • ·· Poles, wires, etc., company may erect and maintain same, etc. -Purpose To be erected at places approved by City Coun- cil-Removal of same at cost of company-Restrictions— Height of poles-Painting same, etc. ST. ANTHONY FALLS WATER POWER COMPANY— Grant of permission to erect and maintain poles, wires, masts and other fixtures in streets, etc., for transmitting elec- tricity for power, light, heat, etc. Underground conduits and wires-Purposes. Subject to ordinances-Reasonable compensation for use of streets-Reasonable prices for power, heat and light- Same to be binding on all companies-Subject to under- ground ordinance and amendments thereto-Direction of City Engineer • • • City Council may order wires discontinued, changed, etc. Council may pass ordinances to protect city…….. Acceptance of ordinance-Filing same-Ordinance void, when.. AMERICAN UNION TELEGRAPH COMPANY- Grant of right to extend company's line into city-May main- tain system of poles and wires.... Designation of streets on which to erect poles. C • Wires, height of above street..... Vacation of grant upon company's not complying with condition of grant City Council may require change of location of lines, etc.- Conditions • Company to pay city a percentage of gross receipts, etc.- Three per cent for two years-Thereafter to be fixed by Council-Annual statement of gross earnings. 594 Privileges granted to terminate, when-Repeal by City Council 3 594 THOMSON-HOUSTON ELECTRIC COMPANY- Grant of right to use streets of city for an underground system of wires carrying electric currents-Subject to terms and restrictions of ordinances.. Company to pay gross earnings tax to city-Three per cent for first two years-Thereafter Council to fix rate-Annual statement of gross earnings. Privileges granted to cease, when. W AMERICAN DISTRICT TELEGRAPH COMPANY- Grant of permission to erect and maintain telegraph poles in streets and stretch and maintain wires thereon for a bur- glar, police and fire alarm system... Franchise subject to city ordinances-Height of poles, etc.- Removal of poles and wires.. Sec. 1 592 2 592 Page. 3 592-3 5 4 593 02.00 1 594 593 ∞ 1 595 2 595 3 595 4 595-6 1 596 1 596 2 596-7 3 597 4 597 1 597 2 598 598 3 4 598 5 598 1 598 2 599 1202 INDEX TO ORDINANCES. MISCELLANEOUS GRANTS AND FRANCHISES-Continued. AMERICAN DISTRICT TELEGRAPH COMPANY-Con- tinued. Poles, where to be located-City Engineer to direct-Applica- tion to City Engineer-Approval of Chief Engineer of Fire Department City circuit-No expense to city. Transfer of rights and franchises to Minneapolis District Tele- graph Company authorized.. · • · WESTERN UNION TELEGRAPH COMPANY— Grant of permission to erect and maintain within city limits telegraph poles and maintain wires thereon for telegraph business Statement to be filed of streets already occupied.. Application to City Engineer for use of streets and alleys- Approval of City Engineer and Chief Engineer of Fire De- partment deemed permission of city. City_Engineer to approve and determine location of poles- Poles not to be less than 40 feet in height. Change of street grade, pavement, etc.-Poles to be reset to conform to same-Removal of same when requested by City Council • RAPID TRANSIT TELEGRAPH COMPANY— Grant of right to erect and maintain telegraph poles in streets and alleys and string telegraph wires thereon- City Engineer to designate such streets and alleys. Poles, how to be prepared-Size and height of same- Where to be placed-Wires, how to be strung. Change of street grade, etc.-Poles to conform to same. Subject to city ordinances. Removal of poles and wires when required by City Council- Change of location of same-Lines to be in operation by Oct. 1, 1884-Rights granted not transferable-Forfeiture of same CHICAGO AND NORTHWESTERN TELEGRAPH COM- PANY- Grant of right to erect and maintain telegraph poles on streets and alleys and string telegraph wires thereon-Streets and alleys to be designated by City Engineer. Poles, how to be prepared-Size and height of same -Where to be placed-Supervision of City Engineer.. Change of street grade, etc.-Poles to be reset to conform to • · • · • • • same Company subject to city ordinances. Removal of poles when required by City Council-Change of location, etc.-Lines to be in operation by Oct. 1, 1884—If not, license to cease-Rights granted not transferable— Forfeiture of same. AMERICAN TELEPHONE AND TELEGRAPH COM- PANY- Grant of permission to erect and maintain lines of telephone and telegraph, including poles, wires, etc., in streets and alleys of city-Subways, etc. Subject to city ordinances relating to streets, etc.—Reason- able compensation for use of streets-Ordinances to be bind- ing on all companies-Subject to underground wire ordi- nance Same and amendments made part hereof-Direction of City Engineer.... Acceptance of ordinance-Filing same. Line to be in operation in one year. MINNESOTA CENTRAL TELEPHONE COMPANY- Grant of permission to use streets, avenues and alleys of city for connection with long distance telephone systems.... May maintain telephone poles and fixtures, wires and cables- Conduits, etc.-Use of same restricted. Grant subject to city ordinances, particularly to underground wire ordinance and amendments thereto... • • • • • • • Mag - • Sec. 3 599 4 599 4 599 1 600 2 600 ܐܘ 3 600 4 600 Page. 5 600 1 601 234 601 601 4 601 5 601 1 ૭ < 7 920 920 8 Page. 1 • • 720 600 814-44 559 311 552-4 917 881 635 388 853 930 931 933 • ¡ 1 ** ; } Г filmed 1986 Preserva UNIVERSITY 20 1911 MICHIGAN UNIVERSITY OF 3 9015 00700 2747 . なだ​! T :