Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-03-23
ORDINANCE ~ NO. 1ss.

An Ordinances Granting License and
Franchise TO the BIsnarck Matef
supply Company, lts successors
and Assigns, TO Lay Water Malns
and Pipes II the Streets oF the City
81 Bismarck.
Be it Ordained BY the city Council 81
the CITY Of Bismarck:
Section |. That whereas, the city
council Of the city Of Bismarck. did
on the 26th day Of May. 1886, grant q
license and franchise to the Bismarck
Water Company, q corporation, its
successors and assigns. wherein and
whereby there was granted to said
company. its successors and assigns
the license and privilege Of laying
water mains and pipes under any and
all Of the avenues, streets, alleys, pub.
lie grounds and thoroughfares OF
said city Of Bismarck, for the purpose
of distributing water throughout the
city and selling the same, and FOR
other purposes, and the said Bis.
marck Water Supply Company having
BY certain means, assignments and
transfers, become the owner OF all
the rights and privileges granted by
said ordinance, and It being desired
BY said company and the said city to
extend the period and said license,
franchise and privilege for a period
Of twenty 600 years from and after
the date Of the expiration of the said
original grant upon the terms herein
set forth. s
Now, therefore, 1t is ordained that
from and after the date of the ex.
piration of said original license and
privilege, to-wit: May 26, 1906. and
for the full term Of twenty (2O) years
thereafter, to-wit: until May 26, 1926,
the Bismarck Water Supply Company
"a corporation organized under the
laws Of the state Of West Virginia.
its successors and assigns, shall have,
and is hereby granted the license and
privilege to lay water mains and
pipes under any and all Of the
avenues, streets and alleys, public
grounds and thoroughfares, Of the
said city Of Bismarck, including the
right to maintain the system hereto
fore constructed by said Bismarck
Water Company and now owned by
said Bismarck Water Supply Company
for the purpose of distributing water
throughout the said city, and selling
the same to all persons, bodies OF
corporations within said city or in
It's vicinity, desiring to purchase the
same, and generally ito have ali
rights, privileges, and franchises
necessary to the proper and success
full furnishing Of water to said city
and the inhabitants thereof, and OF
the inhabitants In the vicinity Of said
city. ,3.55
Section 2. That the license, privil
eye and franchise hereby granted to
said Bismarck Water Supply Com
pany, its successors and assigns, are
given and granted upon the consider
alton and express condition that
within thirty 900 days from the date
OF the passage Of this ordinance, the
said Bismarck Water Supply Com
pany will enter into an agreement on
its part, with the said city of Bis
marck, of the other part, promising
covenanting and agreeing to and
with the said city OF Bismarck al
follows, to-wit: ,ss
That during the term above sci
forth, namely, from May 26, 1906, tt
May 26, 1926, the said Bismarck
Water Supply Company, its success
sors and assigns, shall not charge the
said city for water for sprinklina
streets and flushing sewers, a sum t
exceed IL cents per 1000 gallons pei
year; provided, however, that all
sewers covered by this provision
shall have fall Of at least six (6)
inches to each one hundred feet; and
no charge shall be made for water fol
the use Of the fire department for fire
purposes, except the annual amount o.
sum herein specified for the use d
each OF the fire plugs or hydrants
hereinafter mentioned; and said com
pany shall not charge any Of the in
habitants Of said city or any person
company or corporation engaged II
selling water from wagons. to exceed
seven cents (7c} per barrel Of forty
(40) gallons and shall not charge Il
exceed forty cents f40c) per thousant
t1,OO0) gallons for the water fur
nished to any person, hrm or corpor
alton using water solely for the pur
pose Of irrigating lawns and gardens