Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-08-15
ORDINANCE NO. 136.

and assigns, in relation to- the use Of
the streets, alleys and public places in
the city of Bismarck for the erection
and operation of an electric pant for
lighting and other purposes.
Be it ordained by the city council of
the city OF Bismarck:
Section That permission is
hereby granted to Alexander Hughes
and to his heirs, successors or assigns
in that behalf to enter upon, construct
and maintain and operate in, through,
over, under, and across any and all Of
the streets, alleys. highways. bridges.
approaches and public places of said
city Of Bismarck. a system of poles,
posts, conduits, pipes and mains, and
wires, and all other necessary and use
full appliances for the manufacture,
production, S and transmission of
electricity, steam and hot water. and
for furnishing the same to consumers,
for the purpose of lighting and heat
inc, motive power, cooking, and for
any and all other purposes for which
electricity, steam and hot water pro-
duced by means of human agency is
now or hereafter may be used, except.
for telephone service whether for the
use Of said city or any + all Of the
inhabitants thereof, or for any and all
companies, corporations, and persons
in said city Of Bismarck or the suburbs
thereof. And such permission is
hereby made to extend to all streets,
alleys, highways and&public places in
and of said city, now owned or con-
trolled by it and in which it has any
interest whatever, and as well also to
any and all such as said city may here
after acquire during the period here
in limited, whether within its corpo-
rate limits,xas now existing, or as the
same may at any time hereafter be ex-i
tended OF enlarged, provided, that such
permission is granted solely upon the.
conditions, restrictions and limitations
hereinafter set forth, and moi other
wise.
Section 2 In case of any change
of grade Of any street8or pavement in
said city wherein or upon which any
poles, posts q other appliances of said
party or his heirs, successors or as
signs are set or placed said party, his
heirs, successors OF assigns, shall do
any necessary re-setting or replacing
of such poles, posts or appliances at
his or their solescost and expense, and
SOFAS to conform to such new grade,
and whenever IN that behalf any Of
said streets. alleys, highways, bridges,
approaches or public places shall be
disturbed by said party or his heirs,
successors or assigns, in, about, or in
connection with the doing Of any ofSthe
things herein and hereby permitted, or
hereafter to be permitted in that re-
gard, they shall be restored to their
proper condition with the least q
sible delay; and should any default il
such matters be at any time made by
said party, or mis- heirs, Successors or
assigns, said city Of Bismarck shall
hayeSt the right to do any needful work
to restore such streets, alleys, high
ways, bridges, approaches or public
places to their proper condition and
l~thereupon recover from said party, his
heirs, successors Or assigns, the cost
of any work done OF materials FUR
nished therefor. And said party, and
his heirs, successors or assigns shall
at any and all times save and keep the
said city of bismarck harmless from
any and all damages, cost or expense
in any way arising, orto arise from
OF growing out Of any action or pro
ceeding brought by any person, firm,
company or corporation on ecoun of
any matter or thing connected with
such proposed systems.
Section 3. Said party and his heirs,
successors or assigns shall at any and
all times after said plant is placed
and in operation. furnish to said city
of Bismarck, Q use in lighting its
streets and for lighting any and all of
its buildings and public places, elec-
trio lights, either arc or inIcandescent,
in such numbers, n 1T such points
and places as said city may. from time
to time, require ana need, and at prices
motto exceedSthos hereinafter named,
though this shall not be construed as
recurring said city at any time to take,
use or have, any lights from said per-
son, his heirs. successors OF assigns,
unless said city shall 50 elect; and
whenever said city shall desire or elect
to have N lights furnished BY said
person, his heirs, successors Of as
signs, the connections from street
wires into the buildings and places SO
to be hghted shall be made including
the furnishing Of materials therefor,