The Saint Paul globe., 1904-01-23
OFFICIAL PUBLICATION
OF Ordinance Passed by the Common
Council of the City of ST. Paul.

privileges and authority, TO occupy anu
use the streets. alleys. lanes, bridges,
parks and public grounds of the City
of st. Paul for the purpose of supplying
gas for all purposes, and regulating
certain electric franchises, and for the
repeal of certain ordinances and resolu-
tions.
The Common Council of the City of st.
Paul do ordain as follows:
SECTION l.
That subject to all the conditions, terms.
limitations, reservations, agreements and
requirements hereinafter contained, there
is hereby granted to the st. Paul Gas
Light Company, Minnesota corporation,
hereinafter called the grantee, and to its
successors and assigns, for the period
Of twenty-five years from January 1, 1907.
as hereinafter provided, the right priv
ilege and authority to enter upon. use
and occupy the streets, lanes. alleys.
the City of st. Paul. hereinafter called
the City. including any territory that
may hereafter be added to the City. for
the purpose of laying, maintaining. con-
structing and operating pipes, tunnels and
conduits. including the use, maintenance
and operation of any such pipes, tunnels
structed prior to January 1, 1907. for the
purpose of supplying gas for all purposes.
SECTION 2.
The grantee, In laying and constructing
its pipes, tunnels and conduits. and any
lamp posts erected by 1t, snail lay. con-
struct, erect and maintain the, same so
as not to be an impedlment or obstruction
to the use, or an injury to the surface,
of such streets, alleys, lanes, bridges,
parks or public grounds, and shall, imme-
dfately after such laying and conStruc-
tion, replace and restore with like mate
rial. the pavement, surface and roadway
of all streets. alleys. lanes, bridges, parks
and public grounds in, upon or under
which any work is done, in as good and
durable condition as they were before the
doing of the same, and the grantee shall
pay to the City all damages sustained by
any failure or neglect on it's part in this
behalf and the amount of such damage,
from time to time. If any shall be certi-
fed to by the Commissioner of Public
Works. of said City, and such certificate
shall be prima facie evidence between
said grantee and the city, both as TO the
fact and amount of such damage and
shall be charge against the grantee and
may be deducted from any moneys due
it for public service or lighting.
SECTION 8.
The location of all such pipes. tunnels
and conduits. laid or constructed under
this ordinance in said streets, alleys.
lanes. bridges, parks and public grounds,
shall be subject to the direction and APP
proval of the Commissioner of Public
Works. and shall be laid or constructed
only after securing a permit therefor from
said Commissioner in the manner pro-
city, governing excavations in streets.
and the location thereof shall also be
governed by, and shall not interfere with.
other pipes, tunnels or condultS already
laid or constructed provided that no
permit from said Commissioner shall be
necessary for laying service pipes lead
ing from the street mains to the prop
erty line.
SECTION 4.
That said City shall have ard reserve
the right to require said grantee at Its
own cost and expense to move or change
the location of any of it's pipes, tunnels
or conduits. whether heretofore or mere
after laid or constructed, whenever the
Common Council shall deem that public
interest, necessity or safety requires such
action, ard said grantee shall comply with
any order of the Common Council in that
behalf, within such reasonable time as
shall be fixed by the Common Council,
but if such removal is necessary to ac-
commodate private interests the party
thus benefited shall first pay the grantee
the actual expense thereof.
SECTION 5.
That within one year after the accept
ance of this ordinance, said grantee shall
prepare in convenient book or atlas form,
substantially bound, and file the same
with the Commissioner of Public Works,
a profile showing all the main pipes, tun-
nels and conduits, then laid and con-
structed with their dimensions and 1oca-
tions, and the grantee Shall keep the
same complete in these respects as to all
extensions and new construction. in the
month of January next succeeding the
year in which such extensions and new
construction are made.
SECTION 6.
The said grantee its successors and as
signs, 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 by this
ordinance granted. and shall at all times
indemnify and save the City harmless
from all damage, judgments, cost and
expense arising therefrom, and said gran
tee, its successors and assigns, shall at
their own expense, defend all suits and
actions brought against the City by rea-
son of the passage of this ordinance. or
any act of omission or commission there
under, upon being notified of the pend
ency thereof, and the recovery of judg-
ment in any such action for any sum or
amount as damages or costs and dis
bursements, or both, shall be conclusive
evidence of the liability of the grantee
to reimburse the City therefor, provided
that the grantee has been given such no
tice of the tendency of such action
Said City reserves the right, in case
the Common Council shall at any time
deem it necessary, as a condition to the
further exercise of any of the rights,
privileges or authority herein granted, to
require said grantee, its successors or as
signs, to execute and deliver to the City
a bond in the penal sum of not more than
fifty thousand dollars. in form to
be approved by the Corporation
Attorney, with such surety or
SuIelleS thereon DIS MAY De dppIoYeu
by the Common Council. conditioned that
said grantee, it's successors and assigns.
shall faithfully observe and fulfill all the
terms, conditions and requirements of
this ordinance, and may require the re-
newal of said bond from time to time
with the same, other or additional sure
ties.
SECTION T.
The grantee in consideration of the
franchise and privileges hereby granted
and conferred shall comply with, and be
bound by, all the provisions. limitations
obliga tions and requirements of the char
ter of the City relating to the granting of
public franchises, including the filing of
the reports therein required and the pay
ment to the City, i'll addition to all gen.
eral taxes assessed against 1t, of an an
nual license fee of five per cent of the
gross earnings derived or accruing from
the exercise or enjoyment of the fran
chise and privileges hereby granted. and
all manner of business transacted there
under including the sale and disposal of
all residuals, provided this shall not ap-
ply to earnings derived from the sale of
gas stoves gas fixtures and appliances:
and from and after January l. 1907, said
grantee shall be held and taken to derive
from this ordinance and the present char
ter of the City, its sole and only right
power or authority to use occupy any
of the streets, lanes, alleys, bridges parks
or public grounds OF the City, for the
purpose of laying, constructing, main
tanning, or in any manner making use Of
any pipes posts, conduitS or tunnels for
furnishing gas for any purpose. and none
shall be used or appropriated for any
other purpose without the consent of the
City first had and obtained and upon
the termination of the rights and priv