The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-03
NO. $40.
AN ORDINANCE

All OEulhaHce amending OFalHdnCc
Number 2S5 OF the City of Fargo, en-
titled, IAN Ordinance granting certain
rights and privileges to the Union
Light, Heat e. Power Company of Far
go, North Dakota, and to its successors
and assigns, for the purpose of supply
Ing heat through a system of mains,
pipes and conduits, and providing for
the exercise OF the same" approved
August 20. 1903, and accepted by said
Company September 4, 1903, and pro-
vidlng for the making and regulating
Of new extensions by such Company,
it's successors and assigns, upon and
across paved streets and alleys in the
City Of Fargo, for conducting and dis
tributing steam for heating purposes.
Be 1t Ordained by the City Council
of the City of Fargo: That Ordinance
Number 2S5 of the City of Fargo, en-
titled, IAN Ordinance granting certain
| rights and privileges to the Union
Light, Heat e. Power Company of Far
go, North Dakota, and to its successors
and assigns, for the purpose OF sup1
plying heat through system of mains,
pipes and conduits and providing for
the exercise of the same" approved
August 20, 1903. and accepted by said
Company September 4, 1903, be and the
same is hereby amended to read as fol-
| lows, to-wit:
Section 1. The right authority and
permission are hereby granted to the
Union Light, Heat & Power Company,
corporation organized and existing
under the laws of the State of North
Dakota, it's successors and assigns, to
establish, construct, maintain, operate,
extend, alter AMI repair system of
mains, pipes, conduits and appurten-
ances in, along, upon, across and under
the streets, alleys and public places,
(whether now or hereafter laid ouD OF
the City of Fargo, in the State of North
Dakota, for the purpose of transmitting
distributing and selling steam for heat,
power or other purposes to said city
and its inhabitants on compliance by
the said Union Light, Heat & Power
Company its successors and assigns,
with the provisions, requirements and
conditions of this Ordinance, and not
otherwise.
Section 2. At least one week before
laying any such pipes, mains or con-
dults, or extensions thereof, IN or
through any paved street or through
any alley in said City, or commencing
or undertaking any of the construc-
ton, alteration or repair work men
toned and referred to in Section OF
this Ordinance, said Company shall
apply to the City Engineer for permits
sion therefor, and shall with such APP
plication for permit present to and
file with the City Engineer Of said
City a written description of the To-
cation and size of the pipes. mains
and conduits proposed to be laid.
Section 8. Upon receiving such APP
plication the City Engineer shall ex-
anime the same and If the proposed
| location of the pipes, mains and con-
Quits to be laid, and the construction,
alteration or repair work proposed con-
forms to the requirements and pro-
visions of the laws and ordinances In
force in the City Of Fargo, including
such laws and ordinances as may be
hereinafter enacted, and IL the Union
Light, Heat & Power Company shall
thereupon deposit with the City Audi
\ tor of the City Of Fargo the cost OF
refilling and properly tamping that
portion of any street or alley intended
to be used or in which the said pipes
mains and conduits are proposed to
| be laid, or the proposed construction
alteration or repair work Is contem-
plated, and shall also deposit the. cost
of properly replacing the paving there
on, If any, all as estimated by the City
Engineer, as security for ref1lling and
properly tamping that portion Of any
street or alley which is intended to be
used or in which said excavation Is
proposed to be made. or in which such
proposed construction. alteration or re-
pair work is contemplated, and also
for replacing such paving in as good
condition as the same was at the time
such application was made, and If the
said Union Light, Heat & Power Com
pany shall at the time of making such
application have complied with and
obeyed all the said laws and ordin-
ances. the City Engineer shall, If such
application meets with his approval
thereupon grant to such Company a
permit, subject, however, to the ap-
prevail of the Mayor Of the said City Of
Fargo, to lay the said pipes, mains and
| conduits under the direction and sup
ervision of the City Engineer, provided
however. that the City Engineer may
before granting such permit, require
said Company to change the plans or
location of such proposed pipes, mains
and conduits, and such proposed con-
| struction, alteration or repair work,
SO as to better conform to the conven-
fence and best interest OF the City OF
Fargo and to the provisions and re-
| ouirements OF the laws and ordinances
aforesaid.
Section 4. Before any permit shall
| be granted, said Company, its success
| sors and assigns. shall execute de-
Eliver to and file with the City Auditor
a bond payable to the City OF Fargo in
the penal sum of Five Thousand Dol
lars. approved as to form and sureties
| by the Mayor and City Attorney, con-
/ ditioned that said Company. its sue
cessors and assigns. shall complete
such proposed construction, alteration
or repairs and the work OF laying said
uipes. mains or conduits in said streets
| or alleys with reasonable dispatch, and
Immediately replace the paving taken
up in such work and restore the street
l or alley where said work shall have
been done to as good condition as be-
fore such work was commenced, and
promptly repair any break, cavern OF
defect in said street or alley resulting
from such work during period Of Ave
years after the completion OF such
work, and shall pay to said City the
cost of reinforcing concrete thereafter
I laid by said City over any Of such
mains, pipes or conduits, and condi.
toned further. that said Company
i shall save and keep the City Of Fargo
harmless and indemnified from anc
4 against all expense, charge or damages
II nogA o,,t incurred or for which ths