The Dickinson press., 1909-01-16

to-wit:
BE it resolved, by the board of county
commissioners, within and for the
county Of Stark, State of North Dakota.
Section I. That the Belield & North
western Telephone Co.. corporation, its
successors and assigns. are hereby
authorized to erect and maintain in the
public high ways of said county of
Stark, for the period of 20 years from and
| after the passage of this instrument,
q system of wires, poles and appliances
necessary to be used. and maintained
in conducting a telephone system with
in, across and upon the said county for
the purpose of supplying to the citizens
of said Stark county, and to the public
generally, telephone service and on
nections within said county.
Section 2. Said poles and wires shall
be placed and maintained so as not to
interfere with travel in said public
highway. or the proper enjoyment and
beauty of said public highway. or any
public Grounds adjacent thereto. and
all such poles shall be of good standard
quality and size and at least Is feet
clear above the ground and set at least
four feet in the ground and not more
than ESQ feet apart, and all poles at road
crossings and section lines shall not be
less than 20 feet clear above the ground
and set not less than five feet in the
ground, and the said Belfield and
Northwestern Telephone Co. and its
successors and.. assigns shall hold Stark
county harmless from any and all dam
ages arising from said occupancy of said
public highways and from all damage
arising from any abuse of said occu-
pancy and when in the judgment of
any road supervisor, road. soverseer or
board of county commtMe6ners. it is
necessary or expedient Nsfelocate any
of said poles, wires, appliances or any
portion of said telephone system, said
alterations, relocation 81 change shall
be made Immediately by said Belfield &
Northwestern Telephone Co. its successors
and assigns, and at its or their expense
and without any expense or cost to the
said Stark county whatsoever, and that
all poles, wires and appliances are to
be maintained by said beltield & North
western Telephone Co.. its assessors and
assigns at a distance. of not less than 80
feet from the center of the public high
way.
Section 3. That all work, construction
and maintenance done, performed or
conducted by the said Belfeld & North
western Telephone Co., it's assessors and
assigns, is to be done, performed and
conducted under the supervision and
direction of the said board of county
commissioners, or any of it's duly
authorized officers, and subject to the
approval of the said board of county
commissioners.
Section 4. That this grant is made
and is to be enjoyed subject to the ex-
listing rules. regulations and resolutions
OF the board OF county commissioners
within and for Stark county, N. D., and
subject to such reasonable resolutions,
rules and equations of q police nature
or otherwise. az said board of county
commissioners of said Stark county may
from time to time prescribe.
Section S. The rights herein granted
shall not be exclusive, and the county
of Stark reserves the right to grant a
franchise to any other person or COM
pany.
Section s.. Upon the failure of the
said Belfield & Northwestern Telephone
Co., Its 8 u c cessors or assigns to
furnish the citizens of said Stark coun-
ty and the public generally, with good
practical telephone service for q period
of 30 days OF upon q violation of any
.of the terms of this resolution or when
ever the said Belield and Northwestern
Telephone Co.. it's successors or assigns
shall, fail to comply with the law, then
and in these events this franchise
shail become null and void and the
board Of county commissioners may de-
clare such franchise null and void, may
require said Belaeld and Northwestern
Telephone Co. its successors and assigns
10 remove its poles wires and appli-
anees from the public highways within
80 days, in case that said Bel6eld &
Northwestern Telephone Co., its suc-
cessors and assigns shall fail to SO
remove their poles. wires and appli-
ances from the public highways the
said board Of county commissioners
may cause said poles. wires and appli-
anees to be removed at the cost of said
Belield & Northwestern Telephone Co.,
its successors and assigns.
Section ,. The acceptance by said
Belield & Northwestern Telephone Co.,
of this franchise shall be in writing
and shall be fled with. the county
auditor Of Stark county and shall be
unconditional. and said acceptance be
SO filed within sixty days after the pas
sage Of this resolution, and in case this
franchise is not accepted this reso-
luton shall become null and void.
Sections. This resolution shall take
efect.from and after its acceptance as
herein provided by the said Belfeld &
Northwestern Telephone Co. Unless
construction is actually instituted with
in N year from acceptance of this
resolution or franchise, then this fran
chise is void and of no. effect.
(SigneD i
a. JOPP, Chairman, board of county
commissioners.
D. W. Mckenzie, county commissioner.
Herman Leutz. county commissioner.
Attest:
j. S. WHITE, County Auditor.
Dated Dickinson. N. D.. January
144th, 1909.
On motion the board adjourned to
February 9th, 1903.
j. S. WHITE,
County Auditor.
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