St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-09-08

the minnesota Natural Gas, VII anu
Fuel Company, its successors aud as
signs, permission and authority, by the
consent of the Common Council of the
city of st. Paul, to erect such buildings
and machinery within the corporate
limits of said city as may be necessary
for procuring and storing natural gas,
to be used for the purposes Diminishing
and selling said natural gas as a fuel
only i'll any building, manufactures or
houses in said city, and the furnishing
of heat and power to any such build
lngs, manufactures or houses In the
form of natural gas, and to have the
right to lay pipes for the purpose OF
conducting such gas in any OF the
streets, avenues, lanes and alleys OF
said city, and to furnish such gas to the
inhabitants thereof.
Sec. 2. Said company shall lay said
pipes under the surface of the streets,
avenues, alleys and lanes of said city,
and to conform to the grades estab-
liShed thereon, and at such depth as
may be necessary to protect the same;
and on condition that they shall cause
the surface of such streets, avenues,
lanes or alleys to be restored to its
original state, and all damage done
thereto to be repaired; and should the
grade On any street be lowered, said
company shall lower their pipes, whens
notified so to do, at their own cost and
expense.
Provided, however, That before the
surface of any street, avenue, lane or al
ley shall be interfered with for the pur-
poses of laying pipes by said company,
notice shall be given to the City Engl-
neer, under whose direction all pipes
must be laid.
Sec. 3. The said Minnesota Natural
Gas, Oil and Fuel Company, its success
ors and assigns, shall be liable to said
city for all damages, expenditures, LA
biiities and costs by reason of the con-
structiOn or maintenance of its build
ings and machinery, and of its laying OF
pipes, and of the pipes, and OF all acts
and things by it done and performed
hereunder or any part thereof, or of the
operation or the operating OF the same
or any part thereof, or by reason of the
granting of this permission to said COM
pany; and said company, its successors
and assigns, shall fully save harmless
and indemnify said city for all such
damages, expenditures, loss and costs
which may be incurred. And the said
Minnesota Natural Gas, Oil and Fuel
Company shall execute bond to the
city of st. Paul at the time and as here
SBCClnCu, Ill lIIC pClltti Gum VI
fifty thousand dollars $3.50, 000) with two
or more sureties. to be approved by the
Mayor of the city Of st. Paul. eondi-
toned that the said Natural Gas. Oil
and Fuel Company will faithfully OBJ
serve and properly carry out all the pro-
visions of this ordinance, and that 1t
will forever indemnify and save harm
less the said city of st. Paul against and
from all damages. Judgments, DEGREES,
costs and expenses which it, the said
city of st. Paul, may suffer, OF which
may be recovered against 1t for or by
reason of or growing out of, or in any
manner resulting from the passage of
this ordinance. or anything connected
Herewith, or with the exercise by said
Minnesota Natural Gas, Oil and Fuel
Company of the rights, powers and
privileges hereby granted and con-
ferred. or of either of them, OF from any
act or acts of the said company. under
or by virtue of the provisions hereof;
and said company shall use the best and
safest devices for protecting human
life, persons, also property: and no
building, machinery or other apparatus
whatsoever used OF employe ed in conduct
ing or carrying on the business c0ntem-
plated hereunder and for which fran
chiSe is given and granted, shall be used
or operated until the same shall have
been inspected by the City Engineer,
and he shall have become satisfied that
all due precautions have been used to
insure the public safety, and so report
the same to the Common Council of
the city of st: Paul. And the rights,
powers and privileges hereby granted
are conferred upon the further express
condition, that is to say, the said Min
nesota Natural Gas, Oil and Fuel Com
pany will, within sixty go days after it
receives written notice thereof, pay any
and all judgments that shall have been
rendered against the city of st. Paul
for or by reason of. or growing Oat of,
or in any manner resulting from the
passage of this ordinance, or anything
connected Herewith. or with the exer-
else by said company of the rights,
powers and privileges hereby granted
and conferred, Provided, said company
has written notice of the tendency OF
the suit in which said judgment is rem
dered in such time as to have an 0ppor-
tunity to assist the city, should it so de-
sire, in the pleading and trial of the
defense to such suit: and in case said
company shall not pay such judgment
within sixty (60) days of such written
notice thereof, judgment may be rem
dered against il and in favor OF the city
of st. Paul upon the said judgment and
for its amount with interest, upon sixty
t;0) days written notice thereof and
without other or further proceedings;
and the said company shall file with its
acceptance of this ordinance stipula-
ton as to the payment and entry of said
Judgment as hereinab0ve provided, in
any court of the state Of Minnesota
having jurisdiction thereof. The said
Nofnrol Nil wi l,xuI
Company shall from time to time exc
cute a new bond i'm like sum and with
like conditions as the one heTelnbefore
mentioned i'm this section whenever the
Common Council shall be of the opinion
that for any cause said bond is not
good and sufficient bond.
Sec. 4. Said company, their success
ors and assigns, shall be entitled to
enjoy all privileges hereby granted or
confirmed for the period of term of
fifteen years from and after the pas
sage of this ordinance, and thereafter
until said city shall, as hereinafter pro-
vided, purchase the property of said
Minnesota Natural Gas, Oil and Fuel
Company, and everything pertaining
thereto, and used in connection there
with, within the corporate limits of the
city of st. Paul.
From and after the expiration of fif-
teen years from and after the passage
of this ordinance the Common Council
of said city shall at any time have the
right to purchase said property of said
company, to include all real property,
buildings, machinery and improve
ments of every kind, name and descrip-
ton used in the construction OF opera
ton of said company, their successors or
assigns, together with the corporate
rights or franchises that may be ae-
quired by such parties, their successors
or assigns, by paying the value thereof,
70 be ascertained as follows: Upon the
passage of such ordinance for such
purchase, the Common Council of said
city may. by resolution, appoint three
commissioners to appraise the value of
the property purchased, and notify the
parties OF company then owning said
property thereof; and thereupOn said
iast-named parties or company shall APP
point like number of commissioners