Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1910-05-27
An Ordinance

heirs or assigns. the right to construct,
maintain and operate in the City of
Beach, n. Dak.. plant for generating
and furnishing within the said city
electrical energy for public use and to
that end to erect poles, wires and 9TH
er fixtures in and upon the streets. al
leys and public grounds of said city.
and prescribing regulations therefor.
BE IT ORDAINED. by the City
Council of the City of Beach. North
Dakota. as follows:
SECTION l.
That subject to the conditions. res
ervations. requirements and agree.
ments hereinafter contained, there is
hereby granted to George S. Chrysler.
hereinafter designated the grantee, his
heirs and assigns, the right and privil-
eye. and said grantee by acceptance
hereof assumes the obligation of con.
structing. operating and maintaining
plant within the city of Beach. Coun-
~ of Billings and State OF North Da
kota, for generating and furnishing
electrical energy for lighting and 9th
er purposes for public and private use.
and TO that end and for those pur-
poses only, and subject to the restric-
lions and regulations hereinafter con.
,ained to use and occupy to the extent
necessary therefor the streets, alleys
and public places OF said City, includ
ing territory that may hereafter be
added thereto. for erecting poles. ca
bles. wires and other necessary and
suitable structures, fixtures and ap-
pliances either on. above or below the
ground
SECTION II.
That said grant is made for a period
of twenty years from and after the
date oil the passage of this ordinance,
provided. that whenever during said
period said grantee shall willfully re-
fuse or neglect to faithfully keep and
perform any of said conditions. reser-
Ea1ions. requirements or agreements
hereinafter contained on his part to be
Kept and performed. the City Council
&of said city may. by ordinance. after
:, hearing OF opportunity therefor has
been given said grantee, terminate and
:,nnn. said grant and all rights OF said
grantee TO the use of said streets. al
leys and public places under this
gram. Provided. that such right or
the exercise or enforcement of other
right and remedies against said gran
tee for his failure to keep or perform
his agreements or said conditions. res
srva,ions OF requirements. Said grant
is made upon the foregoing and follow
ing conditions. reservations. require
men1s and agreements. to-wit:
SECTION Ill.
That the right hereby granted shall.
at all times and in all particulars be
subject to and exercised solely accord
ing to all reasonable regulations of the
present and future ordinances of said
.:'ity relative to the use of streets. al
ieys and public places OF said city; to
the making OF openings. excavations
and constructions therein; to the
strinsing OF wires. cables and conduc.
tors and operation of electrical plants
or systems the Elm. Which regula-
tions. whether heretofore or hereafter
made. said grantee by his acceptance
hereof. agrees shall be complied with
by him without unnecessary delay.
SECTION ".
That this grant is subject to the first
and superior right of said city to use
and occupy SAID streets. alleys and
public places for all public purposes
and for the installation of and main
tenance of any sewer, water or other
system of public utility which may be
hereafter owned or installed by said
city. Said grantee shall not construct
or maintain his said plant in such
manner as to damage or in any way
interfere Herewith or with the oppor-
Sunity of the said city to use. improve
or extend same or make connection
herewith. Said grantee shall. at his
own cost and expense, remove or
change location of his poles, wires or
other conductors whenever the public
interests require such action. Said
grantee shall comply with any order
OF the city council in that behalf with
III a reasonable time as fixed by the
city council
SECTION V.
The said grantee shall COMPLETE,
VIII out unnecessary delay any repairs.
constructions or extensions cOmmenc.
ed by him and authorized by said city
council. forthwith after completing the
same. shall be repaid and replaced in
as kood condition as before and with
like material the streets, alleys. or
public places in which The said grantee
shall have made any excavations or
openings for the purposes hereunder
And in case said grantee shall fail
promptly to repair or replace said
streets. alleys public places. said city
Sh"N' have the right to do so a, gan.
sc expense.
SECTION W.
said grantee shall! al all times. " o.
ec' and save harmless the CITY f"on,
III damages or loss from or arising
'o' OF or by reason of the construction
maintenance or operation of the sal,
plant and TO that end. unon tho COW
mehcement of the erection of sal,
.,ian'' give bond with good and srf
acleht surety to said city. same to b.
approved by the said city council, I,
she effect that the said grantee or hi
assigns shall save said city harmless
srom all damage or liability cause,
thlrd parties by the erection, operation
ana maintenance of said plant
SECTION VII.
That whenever any person move
any building through the streets a
avenues of said c;ty o,,1 ,,.,,: