Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-03-23

said Bismarck Water Supply Com
pany. It's Successors and assigns, from
|and after said May 26. 1906. and dur.
Ing the said full term Of twenty (2O).
years. the sum Of seventy-nve dol.
lars ($76.0o) per annum for sixty,
600 hydrants; and seventy.nve dol
lars ($75.oo) for each hydrant In ad.
dition thereto, either as said hydrants
are now or may be constructed upon
the original plant now owned BY said
company, or as they may be CON
structed and erected upon any extern.
sions thereto. 81 An
Sec. 4. It, ia. further ordained that
the said Bismarck Water Supply
Company shall be responsible for any
damage either to avenues, streets or
alleys, public grounds or thorough.
fares, persons or property, resulting
from any act Of negligence Of said
Bismarck Water Supply Company, Its
successors and assigns In failing to
protect and guard any and all ex.
cayations made for the purpose Of
laying and distributing water mains
and pipes. Provided, however, that
in case any suit shall be brought
against said city by any person or
corporation for any damages to per
son or property alleged to have been
suffered through the failure to pro
tectS and guard any such excavations
It shall be the duty OF said city forth
with to notify said company, its sue
cessors or assigns, OF the commences.
ment Of said action, and said com.
pany shall have the right at its own
cost and expense, to defend said ac-
ton. s Il 5si stt
Sec. 5. It is further ordained that
the purpose Of the passage OF this
ordinance on the part Of the city is to
obtain q better and more complete
water system and water supply for
the better preservation Of the public
health and the comfort OF the inhabit.
ants OF the city, and to secure and
maintain facilities for the prevention
and adjustment Of fres, ut q de.
creased price and cost to the city and
Its Inhabitants; and also to enable
the said company to procure the
necessary funds for said purposes. v
Sec. s. It is further ordained that
the city council Of the said city shan
have the right to require the said
company. its successors or assigns.
to make extensions to its said syafem
OF mains where the same can be con.
nected with the existing system pro.
vided, however, that no such exten.
sion can be compelled unless said
company, its successors or assigns.
shall be assured and guaranteed ~
responsible private consumers along
such proposed extension, net reye.
nue. in addition to any income that
may be derived from hydrant rentals.
sufficient to pay said company ak
per cent Is per cent? interest on the
cost OF making such extension; pro-
vided, further, that the said companv
It's successors or assigns, shall not be
required to make such extension ex.
cept during the months Of Nav to
October inclusive, In each year: and
provided, further, that said company.
Its successors and assigns. shall not
be required under this section to Law
said mains In streets where the grade
has not been established.
Sec. Z. It ii further ordained that
the said Bismarck Water SUNNY
company win at all times furnish !
full and SUFFICIENT supply Of good pure
water to meet the requirements 81
said city and the inhabitants thereof
unless prevented BY accident Or other
cause beyond Its control, In which
event such obstacle shah be removed
and overcome without unnecessary
ltdelay. 4
I Sec. 8. That II said Bismarck,
!'Water Supply Company shall fail to
perform any part or portion of its
contract with said city or bismarck
as contemplated by this ordinance
or any Of the conditions mentioned
herein. then and id that event the
said Bismarck Water Supply Com.
pany, Its successors and assigns 4
each case shall forfeit and surrender
any and all Of the rights, privileges
and franchises conferred Of granted
by this ordinance.
Sec. 2. Il Is further ordained that
the Mayor Of said city Of Bismarck
be and he . hereby authorized ana
instructed to enter forthwith into i
contract and agreement under the