Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-06-22
ORDINANCE NO. 172.

ORDINANCE NO. 172.
An ordinonee granting e. Heense and franchise
its successors and assigns, to lay zuater
M mays R:.. and PIPES i" the streets of the city
Be it 9rdsinsd BY the city council of the
Section. l. That, whereas, the city council
Of the city of Bismarck, did, on the 26th
day of May, 1886, grant license and fran
poration, its successors and assigns, wherein
and whereby there was granted to said COM
pany its successors and assigns, the license
nna p sne7 of anG LAYING water The mains and
streets, al le publ: grounds and thorough
pose of distributing water throughout the
poses and the said Bsa1ek Water S ef' Supply
Company having. by certain mesne assign
ments and transfers, become the owner of all
the rights and privileges granted by. said
pany and the said city to extend the period
of said license, franchise and privilege for
{, period Of twenty (2o) years from and after
the date of the the Of the fad original
Now, therefore. it is ordained that from and
after the date of the expiration of said orig
inal license and privilege, towt: May 26,
years thereafter, towit: until May &c, 1926,
the Bismarck Water Supply Company "a cor
poration! organized under the laws of the
state STATE of West Virginia. its successes and
and pipes under any and all the avenues,
streets, ard Alleys. public grounds and thor
ing the right to maintain the system heretofore
constructed by said Bismarck Water Company
and now owned by said Bismarck Water Sup
ply Company, for the purpose of distributing
same to all persons, bodies or corporations
within said city or its vicinity, desiring to
purchase the: same, and generally to have all
rights, privileges and franchises necessary
to the proper and successful furnishing OF
water to said city. and the inhabitants thereof
and OF the inhabitants in tn vicinity CT
Sec. 2. That the license, privilege and
franchise hereby granted to said Bismarck
Water Supply Company. its successors and as
signs, are given and granted upon the con-
sideration and express condition that within
thirty 500 days from the date Of the passage
Of this ordinance, the said Bismarck Water
Supply Company will enter into an agreement
on its part with the city of Bismarck, of the
ing to and with the said city Of Bismarck
as follows, towit: Said company shall not
charge any of the inhabitants of said city
or any person, company. or corporation en-.
coed seven a. cents per barrel Of . forty (4O)
gallons; and shall not charge to exceed forty
t4o) cents per thousand 10000 gallons for
usnx said 10 sns firm
purpose of irrigating lawns and gardens, or
for the production of hydraulic power, and
for running moters; and said privileges, rights
and licenses are granted upon the further
consideration and express condition that said
company will, during all the times herein
before mentioned, furnish full and complete
supply OF water for the use of said city and
the inhabitants thereof residing or doing bust.
ness along the mains of said company or
desiring to purchase water from any stand
pipes of the said company.
Sec. 1. Il is further ordained that the said
Bismarck Water Supply Company shall be
responsible tor any damage either to avenues,
streets or alleys, public grounds or thorough
tares. persons or property. resulting from any
act OF negligence of said Bismarck Water Sup.
Ply Company, its successors and assigns, in
failing to. protect and guard any, and all
excavations made for the purpose of laying
ana Sa distributing 1s water mains and pipes. Pro
ylded, however, that in case any suit shall be
corporation, for any damages to person or
property alleged to have been suffered through