The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1905-08-02
ORDINANCE NUMBER 66.
OF THE
City of MiDot, North Dakota.

An ordinance granting certain privileges and
franchises to the Minot Light and Telephone
Company, corporation organized under the
laws of the state of North Dakota its success
ors and assigns, in relation to the use of the
streets. alleys. avenues and other public places
in the City of Minot for the construction main
| tenance and operation of the distribution sys
TENS of central heating plant and gas manu-
featuring plant.
Be it ordained by the City Council of the
City of Minot:
ed to the Minot Light and Telephone Company,
a corporation of the State of North Dakota. its
successors and assigns, to enter upon, construct
and maintain and operate. in, through. over
and across any and all of the streets. avenues,
alleys, highways. bridges, approaches and pub
| lie places Of the said City of Minot system or
duits and all other necessary and useful appi- |
| ances for the manufacture, production, use, |
| transmission and delivery of steam. hot water
or gas and for furnishing the same to consum-
ers for the purposes of heating and lighting of
| buildings, and for any and all purposes for
which steam. hot water and gas may now or
| hereafter be used. whether for the use of said
City. or any all inha bitants thereof or for
any a companies. corporations and persons
in said City of Minot.
| SECTION. Whenever. in the doing of any
of the things herein permitted, by the said cor
poration its successors or assigns, the surface
| of any OF the streets, avenues. alleys. highways
bridges, approaches, or public places shall be
condition with the least possible delay.
Should any default in such matters be at any
time made by SAID Cooperation re- its successors
| right to do any needful work to restore such
| streets, avenues. alleys, highways, bridges, APP
proaches and public places to their proper con-
dition, and thereupon recover from said
! poration, its successors igns the cost Of
any work done or material furnished therefor.
And said corporation, its successors or assigns
shall at any and all times and keep the
| said City of Minot harmless from any and all
damages: cost or expense in any way arts ing or
| to arise from or growing out of any action
pro ceeding brought by any person. firm, com.
PAW corporation on account of any matter
or thing connected with said proposed systems.
SECTION B.. The pipe lines that shah be laid
under this franchise shall be constructed of
good material. and put together in a careful
and wOrkmanke manner. They must be bur
led at sufficient distance below the street grade
to avoid any interference with street traffic
Should the grade of street be changed at any
time, necessitating the changing of any exist
ing pipe line or manhole. such change shall be
made by the grantee Of this franchise, its sue
cessors or assigns without unnecessary delay
and at its own expense.
Said pipe lines and manholes shall be located
in said streets. alleys. avenues, highways
bridges and approaches not less than six feet
from the curb line of sidewalk unless otherwise
permitted by the City Council and all pipe
structed by said corporation. its successors or
assigns under the provisions of this ordinance
in anysof the ftreets. alleys avenues, highways,
bridges approaches of said City of Minot
shall be laid and constructed in conformity
with the provisions Of any and all ordinances,
rules and regulations OF said city in force the
time thereof, whether now enacted or hereafter
to be enacted and al work done in that behalf
shall be done to the reasonable satisfactan of
the proper authorities of said City with regard
| to the public convenience and safety,
SECTIoN4 The said corporation, its success.
sOrs or assigns shall enter into the construction
OF SAID heating and gas systems bofore the first
day OF August. 1905. and shall have said systems
in operation by the first day of December, 1905
SECTION 5. Said corporations its successors
or assigns shall within twenty days after the
passage and approval of this ordinance, signify
its acceptance Of the terms hereof in writing to
that effect. said acceptance to be filed with the
City Auditor OF said City.
SECTION 6. In the event of the failure of said
corporation, its successors or ass gins to comply
with sections and hereof. the City Council of
said City may by resolution. declare the fran
chise granted hereinunder null and void, and
such resoluti ion shall work an absolute forfeit
ure of all rights granted hereunder to said cor
poration, It's successors or assigns.
SECTION /. Nothing herein contained shall
be construed as the granting or attempting to
grant any exclusive privile to said corpora
tion and the granting of this franchise shall
not prohibit the City from granting similar
franchise to any other person persons cor
, poratlon or association. or to own and operate
gas or heating systems as municipal enterprises.
Sections. II any party shall wilfully dc or
, cause to be done any act or acts, whatsoever to
lnlure or interfere with any part of the central
plant or plants or pipe line or lines or connec.
lions and appliances belonging to the heating
or gas systems to be built under this franchise
, or shall do any act er cause to be done any act
or acts tending to Obstruct or interfere with the
operation OF said heating or gas systems, the
. party so offending shall upon conviction there
OF before any court having jurisdiction, be fined
not more than 500 90 or imprisoned in the City
or County jail not to exceed 80 days, or both
such fine and Imprisonment shall be imposed.
This ordinance will take effect and be in
force from and after its passage and approval
and the acceptance hereof as herenbefore
provided.
Approved July 18th, 1905.
JOSEPH ROACH Mayor,
Attest
w. G. McHUeH, City Auditor,
| Passed first reading July 9th, 1905
Passed second reading July 18th, 1905.