New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1914-04-22

President Of the City Council.
Attest:
VIM. Backer,
City Clerk.
Approved April Is, 1914.
L. A. Frtsche,
Seal City of New Uln.
ORDINANCE NO. 81
An Ordinance granting to J. A. Kennedy and J.P.
Smith and TO their assigns, certain rights, privileges
and authority to lay and maintain mains, pipes and
fixtures in and along the Streets avenues alleys and
public grounds OF the City of New Ulm for the pur-
pose Of supplying said city, and its inhabitants with
gas for illuminating heating cooking and power pur-
poses o. ~
The City Council OF the City OF New Ulm do or
dain: y
Section l. Subject to all the conditions, liulita-
tions and reservations hereinafter contained there
is hereby granted to J. A. Kennedy and ]. p Smith,
hereinafter called the grantees and to their assigns,
for the period hereinafter mentioned, the right
thority and privilege tolay and maintain gas MAINS
pipes and fixtures and along the streets, avenues
alleys and public grounds Of the City of New Vim
as now or hereafter laid out, for the purpose OF
providing said city and its inhabitants with gas for
illuminating, heating, cooking and power purposes.
Section 2. Such pipes and mains shall be laid,
constructed and maintained only upon such streets
avenues alleys and public grounds of said city as
may be designated for such purpose by the city
council of said city. No such pipes or mains shall
be so laid, constructed or maintained unless writ
ten permit therefor shall first be obtained from the
City Council of said city designating the location of
said pipes or mains. The location depth and man.
ner of laying all pipes and mains shall at all
times be subject to the reasonable regulations and
directions of the said City Council. ...
Section 8. In laying and constructing pipes and
mains in the streets, avenues, alleys or public
grounds OF said city, the grantees shall prosecute
said work as not to impede obstruct the free
of such Streets avenues, alleys and public grounds
by the public, and with no more injury or damage
to the surface thereof than is necessary for the
proper performance of said work. When any trench
or excavation shall be made or dug in any street
avenue alley public ground of said city for the
purpose OF laying pipes and mains therein said work
shall be prosecuted diligently, and such street,
avenue, alley or public ground restored without de-
lay it's original condition to the satisfaction Of the
City Council of said city. In laying and construct
ing said pipes and mains, no sewers, water pipes,
conduits other structures shall be nterfered with
or removed, nor any damage be done thereto
Section 4. The said grantees and their assigns
shall at their own cost and expense move or change
the location OF any of its pipes mains whenever
the City Council of said city Of New Um shall deem
that public interest, necessity or safety requires
such action and said grantees shall comply with any
order OF said City Council in that behalf within
such reasonable time as may be fixed by the City
Council therefor.
Section s. All digging of trenches and
bitches, excavations, laying of mains and pipes
and all other operations and work required per-
formed in the laying and construction of said pipes
and mains and in the installation and maintenance
of the same shall be done at the sole risk of the gran
tees and their assigns, and they shall be solely
sponsiblc for all accidents and all damage per-
sons property arising thererom arising in any
manner from out OF the exercise of the rights
thority and privilege granted by this Ordinance; and
they shall at all times indemnify and the city
harmless iron, all damage judgments, costs and
penses arising therefrom. Said grantees and their
assigns shall at their own expense defend all suits
and actions brought against the city by reason OF
any act of omission commission done or perform
ed hereunder, upon being notified of the tendency
thereof provided that the city may be represented
by its City Attorney in any such action or suit, at
its option; and the recovery Of judgment against
the city in any such suit or action shall be conclus
i've evidence of the liability of the Grantees to rem-
! burse the city therefor.
Section 6. Before any OF the rights, privilege
or authority herein granted shall become effective
the Grantees their assigns shall execute and de-
liver to said city OF New Ulm bond III the penal
! sum OF Ten Thousand Dollars, in form to be ap-
v,:AI
to be approved by the City Council OF said city, con-
ditoned that said Grantees and their assigns shall
faithfully observe all OF the terms. conditions and
requirements OF this Ordinance and the Charter and
Ordinances Of the City; and reimburse the City for
any Judgment, or any sum or sums as damages,
! COSTS disbursements expenses, which it may be
required to pay by reason Of any action suit
ferred to in Section Of this Ordinance Such bond
shall continue until the gas plant referred to in
! Section hereof is completed and gas mains and
pipes laid therein provided, and for such rea-
sonable time thereafter, not exceeding six months,
! as may be determined by the City Council of said
| city. Said bond shall be renewed from time to
! time required by the City Council Of said City
during the period of construction Of any extension
OF said mains pipes, and for such reasonable time
thereafter, exceeding six months, may be de-
| termined by said City Council.
Section Z. The Grantees and their assigns shall
| on or before year from the acceptance OF this
Ordinance by said Grantees build and complete in
said city OF New Ulm gas plant adapted and suit
able for the manufacture and distribution OF gas as
herein provided and shall on or before said date
have laid and completed and ready for service the
streets, avenues alleys and public grounds Of said
city gas mains and pipes with valves and necessary
| accessories and located as shown that certain
map Of street gas mains. No. prepared by the City
Engineer Of New Ulm Minnesota, and now on file
in the office Of the City Clerk OF said City, and shall
before said date be ready and prepared to fur
| nish and supply gas to such Of the inhabitants of
| said city living tributary to said mains may de-
sire it; and shall thereafter at all times during the
period OF this franchise furnish and supply ade-
quate and ample supply Of gas to all such inhabi-
tants. Any delay caused by strikes, order Of courts
acts Of the elements shall work extension of
time equal to the loss of time occasioned.