Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-02-01
ORDINANCE No. 124.

in the Streets and Alleys or Elsewhere in
the City of Bismarck, County OF Burleigh,
State Of North Dakota for the Period OF
Twenty Years.
Be it Ordained by the City Council Of the
City of Bismarck:
SECTION l. That from and after the date
OF this ordinance until the complete explra-
ton of twenty years, Edmond A. Hughes,
his heirs, successors ana assigns, shall have
and is hereby granted the license and priv
ilege to erect poles and string wires for
electric aud power purposes in the ave-
nueS, streets, alleys, public grounds and
thoroughfares of the said City of Bismarck
for the purpose Of distributing lights and
electric power throughout the city, and to
sell the same to all persons, bodies or cor
pOratiOns desiring to purchase the same,
and generally to nave all rights, privileges
and franchises necessary to the proper and
successful furnishing OF electric light and
electric power to said city, and such per-
son and persons and corporations as may
desire to use the same.
SEC. 2. That the said Edmond A. Hughes.
his heirs, successors and assigns are hereby
granted the exclusive right and privilege
to erect. establish and maintain said sys-
tenn Of electric lighting and electric power,
for the period OF twenty years.
SEC 8. That the license privilege and
franchise hereby granted to the said Ed
mOnd A. Hughes, his heirs, successors and
assigns, is given and granted upon the ex-
press consideration and condition that
within five days from the date OF the pas
sage of this o]rdinence, the said Edmond A.
Hughes will enter into an agreement on
his part with the city of Bismarck, promis-
ing, c~Ovenanting and agreeing to and with
the said city of Bismarck, as follows, to-
wit: That the said Edmond A. Hughes,
his heirs, successors and assigns, shall not
lights, for city purposes, at a rate to ex-
coed fifty cents per night for twelve hun
drGd ca~ndle-pOWer, arc lights, provided,
that the city shall take at least ten twelve
hundred candle-pOwer arc lights. nor at a
rate to exceed two dollars per month for
and the prices charged the inhabitants of
said city shall not exceed the rate of one
cent per hour for each sixteen candle
power iDcandescent lights, nor at a rate
greater than six cents per hour for each
twelve hundred candle.power arc lights.
and the said Edmond A. Hughes, Shall
construct, keep and maintain all electric
lights furnished to the city at such places,
and in such manner as the Mayor and
Council may direct without any charge,
cost and expense however to said city *
cept the compensation herein specified,
N the said Edmond A. Hughes, his heirs,
successors and assigns, shall establish and
maintain a standard system OF electric
lighting and power, which system shall be
as good as any in use at this time, and
shonld improvements be made in electric
lighting during the continuance OF this
franchise, the said Edmond A. Hughes,
his heirs, successors and assigns, shall,
within a reasonable time, after said I'M
provements are placed upon the market,
secure the same at their expense, and put
the same in use, in said city. The construc-
ton of said system shall commence within
six months after the passage of this ordl.
nance, and the whole system shall be COM
pleted, and ready for supplying the city,
and its inhabitants with electric lights and
power, on or before the first day of Jan
uary, Eighteen Hundred, and Ninety-six.
And the said Edmond A. Hughes, his
heirs, successors and assigns, shall when
so directed by the Mayor and the Council
OF the City OF Bismarck, extend said sys-
tenn of lighting from time to time to meet
the needs OF the city. and the inhabitants
thereof.
SEC. 4. The city of Bismarck may, from
time to time, during the continuance OF
this franchise, take and use such number
OF electric lights as the mayor and council
may order (but not less than ten arc lights),
and will pay for each arc light ordered not
more than fifty cents pei, night, and for
each incandescent light ordered Two dol
lars per month, as hereinbefore specified.
All lights so ordered shall be taken, used
and paid for by the city for the period of
ten years from the date of the order there
for at the rates herein specified, and the
passage of a resolution or ordinance by the
mayor and council, directing the said Ed
mOnd A. Hughes, his heirs, successors or
assigns, to furnish to the city electric
lights, shall be an order for said lights and
shall obligate the city to take and use and
pay for the same at said rates, and for said
period Of ten years from the date of the
order without any further or additional
contract with thec city therefor. The city
reserves the right to keep said lights bur n
ing during all ofthe hours of each night, or
as many hours each night as the mayor and
council may direct.
said Edmond A. Hughes, his heirs, success.
sOrs and assigns, shall be responsible for
all damages, either to the avenues, streets.
alleys, public grounds or th~oroughfares,
persons or property, resulting from any
act Of negligence of the said party, his said
ing or operating said system of electric
SEC. s. That the mayor OF said city
be, and he is hereby authorized and in
structed to enter forthwith into a contract
and agreement under the seal of the city of
city council, with the said Edmond A.
Hughes, his heirs. successors or assigns,rat-
flying and confirming unto the said Edmond
A. Hughes, his heirs, successors or assigns,
the license, privilege and franchise herein
granted, for the period OF time hereinbefore
oCu dLu lilAAtCu, PAOfluCu UilG Sdlu
Edmond A. Hughes simultaneously enters
into an agreement with the said city as
provided for, and set forth herein.
SECT 1t is further ordained that the
said Edmond A. Hughes. his heirs, sue
cessors and assigns, will at all times fur
nish a full and ample supply of electric
lighting to meet the requirements OF said
city, and inhabitants thereof, unless pre-
vented by accident, or other cause beyond
his or their control, in which event such OBJ
stacle shall be removed and overcome with
out unnecessary delay.
SEC 8. 1t is further ordained that if the
said Edmond A. Hughes, his heirs, sue
cessors, or assigns, shall fail to perform any
part or portion of their contract with said
city of Bismarck, as contemplated by the
franchise, or any of the conditions men
toned herein, then in that event, the said
Edmond A. Hughes, his heirs, successors,
or assigns, shall forfeit and surrender every
and all rights, privileges and franchises,
conferred or granted by this ordinance.
Passed December 81, 1894.
Passed over veto January %, 1895.
], E. II. Barrett, city clerk of the city of
Bismarck, n. D., do hereby certify that the
above and foregoing ordinance was passed
by the CITY council of said CITY on llacau.