Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-17
NO. 40.

An Ordinance Granting to Edward S.
Allen and to His Heirs, Successors
and Assigns, the Right to Erect Tele-
phone Poles, String Wires Thereon,
and to Construct, Operate and Main
tain, Within the City of Bismarck, q
Telephone Exchange.
Be it ordained by the city council of
the city of Bismarck, North Dakota:
Section l. The right is hereby granted
to Edward s.. Allen, his heirs, successors
and assigns, to erect, maintain and oper-
ate, in, through, over and across any and
all of the streets, alleys, highways,
bridges, approaches, and public places of
the city of Bismarck, North Dakota, for
the period of thirty years., a system of
poles, posts, conduits and wires, and all
other useful and necessary appliances
for the construction and transmitting Of
sound applicable to and with a telephone
and messenger service and general tele-
phone system for exchange, whether for
the use of said city of Bismarck, North
Dakota, or any or all of the Inhabitants
thereof, or for n and all companies:
corporations and persons in said city of
Bismarck, North Dakota, or the suburbs
thereof, and such grant is hereby made
to extend to all public places in, and of
said city of Bismarck, North Dakota, as
the same now exists, as we'll also to any
and all such as said city may hereafter
acquire: whether within its corporate
Limits as now existing, or as the same
may. at any time hereafter, be extended
and enlarged. Provided, That such per-
mission is granted solely upon the con
ditions, restrictions and limitations here
matter set forth, and not otherwise.
Sec, 2. The rights herein granted shall
not be exclusive, and the council re-
serves the power to grant like right of
use of the streets to others for similar
uses, the same, however, not to interfere
in any manner with the rights and privi-
leges herein granted.
Sec. 8. In cases of any change of
grade or curb line of any street or pave
ment in the city wherein, or upon which
any poles. posts Or any other appliances
of said party, his heirs, successors or as
signs are set or placed, said party OIL sue
cessors or assigns shall do any necessary
resetting or replacing of such poles OF
appliances at their sole cost and expense
so as to conform to such new grade,
street or curb line. And said party and
his heirs. successors and assigns shall, at
any and all times, a " and keep said
city of Bismarck, N. D., harmless from
all damages, cost or expense in any way
arising or to arise from, or growing out
of any action or proceeding, brought by
any person, firm or corporation on &C.
count of any matter or thing connected
with such proposed system.
Sec. 4. All posts, poles and appliances
set or placed by said Edward s. Allen,
his heirs, successors and assigns under
the conditions hereof, shall be set and
placed in conformity with the provisions
of any and all ordinances, rules and regu-
lions of said city, in force at the time
thereof, whether now enacted or here
after to be enacted, and ali work done in
that behalf shall be done to the satisfac-
ton of the proper authorities OF said city
of Bismarck, N. D. ' s
Sec. 5. In consideration whereof, the
said Edward s. Allen, his heirs, success
ors and assigns agree to furnish the city
business without charge. =,
Sec. 6. The rate charged for telephone
service, herein provided, shall be no
greater than the usual charge made for
like service in cities Of the same size in
this state. ~;
Sect. Said party, his heirs, success
ors and assigns, shall within twenty days
after the passage and approval hereof
signify their acceptance thereof, by writ
ing TO that effect, to be- fled with thu
city auditor; and after the fling Of sueI
acceptance, shall be binding.iand obiiga
tory upon the parties hereto.
Sec. s. The said party, his heirs, ssc
~cessors and assigns, shall have said tele
phone system with exchange in operation
within four months from the taking
effect of this ordinance.
Sec. 9. This ordinance shall tax,
effect and be ia force from and after ii
passage and approval, and the accept
ance thereof as herein provided.
Approved this 18th day Of April, 100
EDW. q PATTERSON,
Mayor.
Attest i. ". RIcHHoLT
City Auditor.
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