Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-03

in. Through, over, under, and across
any and all of the streets, alleys, high
ways, bridges, approaches and public
places of said city of Bismarck, a sys-
tenn of poles, posts, conduits and
| wires, and all other necessary and use
full appliances for the construction
and transmission of sound applicable
to and with. a telephone and messen-
ger service and general telephone sys-
tenn and exchange, whether for the Use
Of said city of Bismarck Or any or all
of the Inhabitants thereof, or for any
and all companies, corporations and
persons in said city of Bismarck, Or
the suburbs thereof; sucn franchise,
right and concession to extend over
and cover a period of thirty years from
the date hereof. And such permits
sion is hereby made to extend to all
streets, alleys, highways AMI public
places in and of said city now owned
CIR controlled by it and in which it has
any interest whatever, and as we'll also
to any and all such as said city may
hereafter acquire during the period
herein limited, whether within it's cor
porate limits as now existing, or as
the same may at any time hereafter be
extended or enlarged; provided, that
such permission is granted solely upon
the conditions, restrictions and liEli-
tations hereinafter set forth, and not
otherwise, and shall be accepted in
writing by said party.
Sec. 2. In case Of any change of
grade Of any street or pavement in
said city wherein Or upon which any
poles, posts, conduits or other appli-
ances of said party, his successors or
assigns, are set Or placed, said party,
his successors or assigns hall do any
necessary resetting or replacing of
such poles, posts, conduits OF appli-
ances at his sole cost and expense and
~ do ~ w SASA AO" SAoOO,
and whenever in that behalf any of
said streets, alleys, highways, bridges,
approaches, or public places shall be
disturbed by said party, or his sue
cessors OF assigns on, about, or in
connection with the doing Of any of
the things herein and hereby permitted
Or hereafter to be permitted
in that regard, they shall be restored
to their proper condition with the least
possible delay; and should any default
in such matters be at any time made
by said party, his successors or as
signs, said city of Bismarck shall have
the right to do any needful work to
restore such streets, alleys, highways,
bridges, approaches or public places,
to their proper condition and there
upon recover from said party, bis Sue
cessors Or assigns, the cost of any
work done or material furnished there
for; and said party, his successors OF
assigns, shall at any and all times
w and keep the said city of Bis
marck harmless from any and all dam
ages, cost or expenses in any way aris-
ing, o. to arise from or growing out
of any action or proceeding brought
by any person, firm, company or COR
.poration on account of any matter or
thing connected with such proposed
system. ~
Sec. 3. All poles, posts, condnits
and appliances set Or placed by. said
party, his successors or assigns under
provisions hereof in any of the streets,
alleys, highways, bridges, approaches
or public places of said city of Bis
marck shall be set and placed in con-
formity with the provisions of any
and all ordinances, rules and regula-
lions of said city in force at the time
thereof, whether now enacted or here
after to be enacted and all work done
in that behalf shall be done to the
satisfaction of the proper authorities
of said city and with regard to the
public convenience and safety.
Sec. 4. Nothing herein shall be con-
strued as granting any exclusive priv
ilege, and the council reserves the
power to grant like right of use to
others for similar purposes, the same,
however, not to interfere with the
proper exercise of the privileges here
in granted; provided, however, in con-
~sideration of the rights and privileges
herein granted, that in case no tele-
phone franchise be given to any other
party Or association then and in that
case during all that portion of the
thirty year period herein mentioned
that said NH Jewell, his successors
and assigns shall have, own and con-
troll the only telephone system in said
city OF Bismarck, the said M. II. Jewell,
his successors and assigns, shall pay
semi4annually, beginning with the