The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-27

VI Sesiu syStcm or any portion Thereon.
SECTION H.
s Said grantee. it's successors and as
Signs, snail, within six months from the
commence the work of laying its pipes
within the district above described and
Wlthln the period of one year from the
passage pass OF this ordinance, shall lay and in
stan It's main pipes, so as to supply steam
LOT use TO all property and buildings that
may desire the use thereof on both sides
OF Thlrd street. from SibIey to Robert
street; on both sides of Fourth street,
from Rosabel to Cedar street; on both
sides of Fifth street, from Rosabel to
CEDAR street; on both sides of Sixth street.
from from Wacouta street to Cedar street; on
both sides of7Seventh street, from Broad
way TO Wabasha street; on both sides of
jackson street. from Third street to Sew
entn street; and on both sides of Robert
Street, from Third street to Seventh
street, or in the same amount on such
other streets within the district described
IN section /, as the grantee may select,
and shall, within the same time. con-
struct modern, central steam heating
plant, fully equipped and ready for opera
ton. OF sufficient capacity and dimensions
10 supply the necessary steam for heat
Ing the buildings on either side of the
streets last above described.
Said grantee shall. from time to time,
make make extensions of its main pipes, in adj
dltion to the foregoing requirements,
hereof, upon or along any of the streets
or alleys herein, whenever petition is
presented aa to It SO to do. signed by owners
or tenants of buildings, wherein and
whereby said petitioners agree to pur-
chase for a period of three years, a steam
supply sufficient to heat not less than one
thousand (T,000) cubic feet of space for
each lineal foot of street main necessary
to be installed Exclusive of street cross
1ngs) to supply said service but the
grantee shall furnish steam to such pc
titioners at ali times during the life Of
atc a 10 rarat
prices the same as to other customers.
All service pipes in the streets or alleys
for the purpose of installing and furnish.
ing service shall be provided and laid
at the expense of the grantee.
SECTION III.
Said grantee shall at all times during
the life of this franchise, furnish and
supply steam to all consumers and ap
pllcants without discrimination at uni
form reasonable rates, the amount con-
sumed to be ascertained by meter meas
urementS.
Said grantee. shall at all times during
the term of this franchise use and exert
every reasonable effort to constantly
maintain, run and operate it's entire plant
and all engagements and extensions
thereof, ~
SECTION ".
The authority, rights and permission
hereby granted are subject to the follow
ing terms, restrictions and conditions:
1. All excavations in any street or al
ley shall be made subject to the general
ordinances of the City sof ST. Paul. now
or hereafter in force, in relation to street
excavations.
2. Before any openings shall be made
by said grantee, its successors or assigns,
in any of the streets, alleys or public
grounds of the City of ST. Paul, they shall
first file withe the Commissioner of Pub
lie Works, plat showing the locations
in which it is proposed to construct the
thereto, in which they shall fully set forth
the character of the construction, number,
dimensions and locations of all pipes
any such work. they shall first obtain
permit therefor from the Commissioner of
Public Works, and before granting any
such permit, said Commissioner of Public
Works shall designate the space to be
occupied by said grantee, provided that
available space exists in any such street
or alley.
g. Said grantee, it's successors and as
signs. shall repair and replace, in as good
condition as they were before, with like
material the surface of any and all streets
and alleys of the city where any excava-
lions are made for any purpose here
under, and shall repair and replace the
same forthwith after completing such
work, and in case the grantee shall ex-
cavate in any paved street or alley it
shall be required to not only replace the
foundation and surface of the pavement
in as good condition as it was before such
excavation, but shall be required at all
pairs to that portion thereof which it may
have excavated that may in any way be
rendered necessary by reason of not hav-
Ing been properly replaced
4. Said grantee, its successors and as
sings shall not, without permission, in any
manner, modest, damage or interfere with
private sewer, conduits or wires, in or
under any of the streets, alleys or public
grounds in said city.
5. AS far as practicable, said grantee
Onr1ct 1nf ooir min II,
the alleys, and where there are alleys that
can be used reasonably for that purpose,
the Commissioner of Public Works shall
have the right to refuse permission to the
grantee to lay it's pipes in the streets,
and in case of such refusal by the Com
missioner of Public Works, the grantee
any pipes in such streets, without pro-
curing further permission in that regard
from the Common Council.
8. All right, permission and authority
hereby given and granted to said grantee
to. use or occupy any. of the streets or
alleys in the territory bounded and de-
scribed in. Section l hereof, shall cease
years after the passage of this ordinance,
except as to the portions of any such
streets or alleys along, upon or under
which said grantee, it's successors or as
signs shall have laid and constructed it's
main pipes prior to the expiration of said
ten years.
z. Said grantee, it's successors and as
for all damages, caused by, or arising in
any manner out of the exercise of the
rights, privileges and authority by this
ordinance granted, and shall at all times
indemnify and save the city harmless from
all damage, judgment, costs and expense
arising therefrom, and said grantee, its
successors and assigns, shall, at their
own expense, defend all suits and actions
brought against the city by reason of the
passage of this ordinance, or any act of
omission or commission Hereunder, upon
being notified of the tendency thereof,
before the time to answer expires. 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 liability of
the grantee to reimburse the city there
given such notice of the tendency of
such action, and failure on the part of
the grantee to pay or discharge any such
judgment within sixty days after the
final rendition thereof, shall work a for
fixture of all of the rights and privileges
granted by this ordinance, and said
grantee shall, at the time of ac-
cepting this ordinance, as hereinafter
provided. file. with the Comptroller of
said city, an instrument in writing, APP
pointing and designating an agent resi-
dent in the City of ST. Paul, upon whom
all notices herein provided for may be
served, and upon whom any service or
process may be served, and the service of
any such notice, summons or process
upon the person so designated shall be
taken and deemed as valid and legal
service upon said grantee. the same as
if served upon it personally.
-. SECTION ".
Said grantee, its successors and as
make necessary connections with the
sewer system of said city for the purpose
of disposing of any drainage water, pro-
vided,. however. that such connections
rnr,I h r.1r drrrn tn to-