The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-10-15

leys. lanes. bridges, parks and public
grounds shall be below the surface there
or, and shall be laid and constructed sub
Ject 10 the direction and approval of the
tIon and depth below the surface and
snail be laid or constructed only after Sc
curing permit therefor from said com
missioner in the manner provided bv fine
general ordinances of said city governing
excavations in streets, and the location
thereof shall also be governed by and
snail not interfere with, other pipes tIIn-
nels or conduits already laid or con-
structed; provided that no permit from
SAID commissioner shall be necessary for
laying service pipes leading from the
street mains to private property.
Must Move Pipes at City's Request.
Sec. f. That said city shall have and
reserve, the right to require said grantee
at us own cost and expense to move or
change the location of any of its pipes
tunnels or conduitS, whether heretofore or
hereafter laid or constructed, whenever
the common council shall deem that pub
nc interest necessity or safety requires
Such acton. and said grantee shall com
ply with any order of the common council
IN that behalf within thirty DAYS after re-
celYlng notice thereof, but If such re-
moVal IS necessary to accommodate prf-
yate interests, the party thus benefited
silan nrst pay the grantee the actual ex-
Sec. 5. That within ninety DAVIS after
the acceptance of this ordinance, said
grantee shall prepare in convenient book
OF atlaS form, Substantially bound and
HE the same with the commissioner OF
public works. profile showing all the
main pipes, tunnels and conduits. then
lald and constructed, with their dimen-
thereon by appropriate designation the To-
cations of all gas street lamps and posts
ana the grantee shall keep the same com
plete in these respects as to all extensions
and new construction at the time of ap-
plying for permit therefor
sec. b: The said grantee, its successors
and assigns, hereby assume and shall be
liable for all damages caused by, or arising
In any manner out of, the exercise of the
rights, privileges and authority bv this
ordinance granted, and shall at all times
indemnify and save the city harmless
from all damage judgments. cost and eN-
pense arising therefrom, and said grantee
its successors and assigns, shall al their
own expense, defend all suits and actions
brought against the city by reason of the
passage of this ordinance, or anv act Of
omission or commission Hereunder upon
being notified of the tendency thereof
and the recovery of judgment in any
such action for any sum or amount as
damages or costs and disbursements. or
both. Shall be conclusive evidence of the
llaplllty OF the grantee to reimburse the
city therefor
Said city reserves the right. in case the
common council shall at any time deem II
necessary as a condition 10 the further
exercise of any of the rights, privileges
or authority herein granted, to require
said grantee, its successors or assigns to
execute and deliver to the city a bond
In the penal sum of not more than $50 600
in form to be approved by the corporation
attorney, with such surety or sureties
thereon as may be approved by the COM
mon council, conditioned that said grantee,
Its successors and assigns, shall faith
fully observe and fulfill all the terms. con-
dltlonS and requirements of this ordl-
nance; and may require the renewal OF
said bond from time to time with the
same, other or additional sureties.
Annual License of Per Cent
Sec Z. The grantee, in consideration
of the franchise and privileges hereby
granted and conferred shall comply with
and be bound by, all the present and flu
ture provisions. limitations. obligations
and requirements of the charter of the
city relating to the granting of public
franchises, including the filing of the re-
ports therein required and the payment
to the city Of an annual license fee of 5
per cent Of the gross earnings derived
or accruing from the exercise or eniOy-
ment OF the franchise and privileges here
by granted. and all manner of business
transacted hereunder, and from and after
Jan. /, 1907, said grantee shall be held
and taken to derive from this ordinance
and the present charter of the city its
sole and only right, power OF authority to
furnish or supply gas for any purpose OF
TO use or occupy any of the streets lanes
alleys, bridges, parks or public grounds
OF the city, for the purpose of laying. con-
structing. maintaining, or in any man
ner making use of, any pipes. posts, con-
Quits or tunnels for furnishing gas for
any purpose, and none or said pipes, tun-
appropriated for any other purpose with
out the consent of the city first had and
obtained. and upon the termination OF
the rights and privileges herein and here
by granted, whether by expiration OF the
full term herein provided for. or by
sooner termination thereof by forfeiture,
or from any other cause, all right and au-
thority of said grantee to use or occupy
any OF the streets, lanes alleys, bridges
parks or public grounds OF the city for
any of the purposes herein contemplated,
shall forthwith cease, terminate and be
at an end.
25 Cents Minimum Charge.
Sec 8. In view of the fact that the
Continued on Sixth Page.