St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-06-23

| In the streets, avenues and alleys
throughout all of the territory lying
east and south of Pleasant avenue and
east of West Third street and south of
| Summit avenue, between Third and
Rice streets, and all east of Rice street,
IN said city, for and during the term of
twenty consecutive years from the date
OF the passage of this ordinance, for the
| purpose of distributing and maintaining
| line or lines of electrical and other
wires, together with all necessary feed
erS and service wire, or other electrical
conductors, to be used and to rent
| TO others to use, for the transmits
sion OF electricity for any and all pur-
poses. But nothing in this ordinance
shall be construed as granting any ex-
elusive privileges, OF in any way pre-
venting the Common Council from
granting like privileges to those herein
granted to others in any street.
Sec. 2. The main conduits or sub
ways herein authorized shall be laid in
streets and avenues in a line parallel
with the curb lines thereof and at such
distance from the curbstone as shall
| not interfere with water, gas and sewer
| pipes already in said streets and ave-
| nneS; and all such sub-cOnduits OF SUBJ
ways shall be constructed under the
supervision of the City Engineer of the
city of st. Paul, or such other officer as
purpose, and all plans and details of
such conduit or subwayS i'll any street
in the city of st. Paul shall be SUBJ
mltted and approved by such officer be-
fore any such conduit OF subway shall
be laid.
Sec. 3. Atleast twenty-four ga hours
before opening any street, avenue or
alley. or other public place, the grantees
herein, their successors and assigns
shall notify the proper officer of said
city in writing of such intention, stating
the place where and the objects for
which such opening is to be made, and
in the opening and refilling of all the
openings made as aforesaid the relay
ing OF pavementS and all other work
necessary, to complete the restoration
OF the streets, pavements, sidewalks or
grounds to an equally good condition as
| when disturbed. The said grantees here
in, their successors and assigns, or their
| contractor. servants or employees shall
be under the supervision of the City
Engineer of the city of ST. Paul, or such
other officer as may be designated for
that purpose, and shall promptly COM
ply with any order in reference thereto,
and all of said work shall be done at
the cost of the said grantees. Nor shall
| any street, avenue or alley or public
place be- allowed to remain open or en-
numbered for longer period than shall
! be necessary to execute the work for
| which the same has been opened: and in
all cases where the work requires the
exercise OF skill, as in the lay
ing or relaying of pavementS or
sidewalks, the said grantees herein,
their successors and assigns. shall EN-
ploy none but skilled Workmen, familiar
with the execution of such work.
Sec. 4. The grantees herein, their
successors and assigns, shall rent or
permit to any person or corporation to
use said system of underground con-
duits OF 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 (9 persons, one person to be
chosen by the grantees herein, their
successors and assigns, one person to be
chosen by the person or corporation
seeking to use or occupy said cOnduitS
or subwayS, and a third arbitrator by
| the persons thus chosen; and the rates
and conditions so agreed upon by said
arbltratOrS, or majority of same, shall
| bind and govern the use of SAID subways
or conduitS by such person or corpora
ton.
Sec. 5. The grantees herein, their
| successors or assigns, shall commence
| the construction of such conduits or
| SubWays within six months from the
acceptance of this ordinance, and shall
| complete the construction of two miles
of such subways within one year from
such acceptance, and be prepared to re-
| ceiVe and convey all of the electric
wires through said SubwayS or cOnduitS
for The use of all persons, companies or
| corporations desiring to use the same,
| or this franchise shall be null and void;
and said grantees, their successors and
assigns, when SO ordered by the Com
non Council of the city of st. Paul by
! a GwO-thirdS vote of said Council, shall
construct not less than one mile
| OF subway in any street or streets
said Council within six months from
the making of said order, or this fran.
| chise shall be null and void.
Sec. 6. That before the construction
of said conduits and subways the
| grantees herein, their successors or as
| signs, shall execute to the city of st.
Paul bond in the sum of twenty thou
| sand $50, 000) dollars, conditioned that
said grantees, their successors and as
signs shall indemnify and save the city
of st. Paul harmless from all actions fol-
| damages by reason of negligence or care
| leS5neSS of said grantees, their success
orS or assigns, or their contractors.
servants OF employees, in the construc.
ton or operation of Suchsconduits or
| SuUWdSS. Odlu DOiiu SildIi Ut SiSIleu by
| two or more good and sufficient Securi.
ties, to be approved by the City Comp
| troller; and should the Common Council
of the city of st. Paul, by resolution,
| deem the SuretieS OH said bond insult
ficient at any time during the continu.
ance of this franchise, the grantees
| herein, their successors or assigns shall
within thirty days after notice of said
| resolution has been served upon the
| proper officer or person in charge of the
| construction or operation of said con-
duits or subways, file new bond with
good and sufficient securities as above
provided.
Sec. z. Nothing in this ordinance
shall be so construed as to- absolve said
! grantees, their successors or assigns,
from any legal liability or proceedings
| to restrain or abate any nuisance arts
ing from the construction or operation
of said conduitS or subways, nor from
property resulting from the negli.
gence of the grantees herein
their successors or assigns, or theiI
contractors, servants or employees in
constructing or operating said subwayS
and conduitS, nor to render the city OF
| st. Paul liable to any person or corpora
ton for damage caused by the construc'
ton or operation of said cOndultS Oh
SubWayS by the grantees herein, their
| successors or assigns; and said grantees
| their successors and assigns, shall pro-
tect and save the city OF st. Paul harm.
less from any suit or claim for injurief
or damages arising from their negli
gence, or that OF their contractors OF
| Servants or employees in the construc
ton or operation of said cOnduits OF
1 cuhUaUc