The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1906-03-29
AN ORDINANCE

GRANTING a FRANCHISE TO J. H. LEWIS, 0. |
II. PIERCE, q. II. PARKER AND r. G. SAN
BORN, Co.PARTNFRs DOING BUSINESS CN-
DER THE FIRMANAME AND STYLE OF THE
MINO.r -GAsL1G FUEL, BEATING AND
POWER COMPANY, TO USE THE STREETS,
ALLEYS AND PUBLIC PLACES OF THE CITY
OF MINOr. NORTH DAKOTA, FOR GAS
MAINS, PIPES AND THE AppURTRSASCEs
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL or,
SEC. !. That. subject to the terms and con-
ditions Of this ordinance there is hereby grant
ed to J. II. Lewis. Q. n, Pierce. c. H. Parker
and K. =. SanbOrn, cO-partners doing business
Gas Light. Fuel. Heating and Power Company
hereafter in this ordinance designated as the
company, their successors and assigns the
right OF constructing. maintaining and oper-
ating gas works within the City Of Minot, to-
gether with the right OF way under all the
streets and alleys OF said city, whether now
laid out or hereafter to be- laid out. and under
oil the parks and public places OF the said city
for the purpose OF placing, operating. relaying
and repairing one or more lines OF gas mains
and pipes and all appurtenanceS thereto for
lighting. fuel heating and power purposes.
SEC 2. That the gas mains OF said company
shall be laid at depth, belo~ the established
grade Of all streets and alleys Of not less than
FIVE feet, under the supervision OF the city en-
aineer; and whenever said company shall de-
sire 70 lay mains in any street or alley OF said
city the grade whereof shall not then be es-
tabliShed The said city by its proper authOri-
ties shall. and viii, upon thirty days notice OF
such desire Oh the part Of said company. pro-.
ceed forthwith to ests blish The grade Of such
street or alley.
SIC, g. That said company shall at any time
when required to DO SO By the authorities of
said SAID city Of Mino. procure: Sc. up and main:
tain in good order and repair street lamps and
posts. IN such number ana at such points on the
line OF any of its mains as may from time to
time Or at any time be designated by said au-
ever for such lamps or posts; and whenever
such posts and lamps are SO put in place in any
ct the streets alleys < 97 public PLACES q said
for supplying and lighting the same at such
hours OF the night as may be designated and
required by said authorities. and continue such
supply or discontinue the same at the order or
request of such authorities and furnish at
tendance 70 light and care for such lamps at q
cost not exceeding three dollars per month for
the CITY for illuminating purposes shall be Of
not less than fifteen candle power. Provided.
that after any lamps and posts shall have been
der Of said city OF its proper authorities, no ais
continuance OF the use thereof shall be ordered
By the csty or ito officers within one year; no,
three months notice thereof to such company.
I SEc.%. Thet the said company shall lay and
keep IN repair at its own cost supply pipes
| ed upon any lines of said mains. whose owne,
or occupant shall desire such connection made.
Provided. that such supply pipe or pipes need
the company from such main to point not e1.
ceeding six feet inside the. inner line of the
sidewalk of the street or alley In which such
the Foundation wall of such building. And
pro vided further, that whenever in mal1ins
such connection it shall be necessary to pene
any wa OF sa S
| foundation wall of such building. tho cost 0l
penetrating such wall shall be borne by the
party desiring sven e6nneefion ,a ION N made: & Ane
nection at the expense Of said company shall in
all cases be subject to its rules and regulations
to 70, pse etc
hecoAstrued as the era ut Of any exclusive priv
ilige to said company, and Il is hereby express
ly declared, as explanatory Of part I; OF section 70
said company under any Of the parks or public
places OF said city. excepting streets aud alleys
save the purposes OF lighting such parks and
| public places, or for heating public places, ol
for heating public buildings therein or Light
! leg same. or for furnishing power for public rG
i dsrtakirss therein, and then ONLY upon the OK
| press request thereto of said city or its proper
officers.
SEC. &. That this franchise is hereby limited
| to the period of twenty years from the date o1
| its taking effect: and that the said company
| shall comm ence Operations.thereunder within
the period Of eighteen months after this fran
chise takes effect. In case It does not 80 dc
l
! SEC. Z. That the said company by writer
! acceptance, to Designed by any member o
| said partnership. shall within ten days from
| the passage Of this ordinance expressly accep
the grant herein contained. with all its ccndi
tions and obligations. and file such written ac
ceptance with the city clerk and the passage
OF this ordinance and the fling OF said accept
| ance shall constitute and be contract be
! tween said company and said city OF Minot
| which shall not be altered or amended without
the consent of both parties: and that the fail
| ure of said COMPANY to tile the written accept
| ance M mentioned in this section within the time
| therein designated shall operate to work ar
| absolute forfeiture OF all its grants. rights aut
| privileges hereunder :.
SEC 5. That She ci,y council of the said cit,
| Of Minot will hereafter pass all ordiances thai
may be needful to BILE the said company tt
| enjoy all the rights intended to be conferred
| upon it by this ordinances and for more fully
| protecting said company in atlit rights.
4 SEC 9. That this ordinance shah take effec
| aud be in force from and after its passage,
| Passed first reading March l2, 1906.
| Passed second reading March 26, 1905.
!! Approved March e, 1906.
| Joseph Roach, Mayor
| a J. Drummer. City Auditor.