New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1916-05-17
ORDINANCE NO. 1O4

An Ordinance granting to the New Ulm Heating
Company, and its assigns, certain rights, privi-
leges and authority to lay and maintain mains,
pipes, and fixtures in and along the streets, ave-
nues and public grounds of the City of New
Ulm for the purpose of furnishing and dstrbut-
ing steam and hot water for heating purposes.
The City Council of the City of New Ulm
do ordan
Section l. Subject to all of the conditions,
limitations and reservations hereinafter con-
tanned, there is hereby granted to the New Ulm
Heating Company, a corporation, hereinafter
called the Grantee, and to it's assigns, for the
period hereinafter mentioned, the right, privilege
and authority to lay and maintain MAINS pipes,
appliances and fixtures in and along the streets,
avenues, alleys and public grounds of the City
of New Ulm or hereafter laid out for
the purpose of furnishing and distributing steam
and hot water for heating purposes.
Section 2. Such mains, pipes, appliances and
fixtures shall be laid, constructed and main
tanned only upon such streets, avenues, alleys
and public grounds of said City as shall be desig-
mated for such purpose by the City Council of
said City. The location and manner of laying
all of said pipes shall at all times be subject to
the reasonable regulation and direction of said
City Council.
SecClOn D. In laying ana constructing mans,
pipes appliances and fixtures in the streets,
avenues, alleys public grounds of said City
the Grantee shall prosecute said work as not
to unnecessarily impede or obstruct the free use
of such streets, avenues and public grounds by
the public, and with injury or damage
to the surface thereof is necessary to the
performance of said work. When any trench
or excavation shall be made or dug in any street,
If
der the authority here granted, said work shall
be prosecuted diligently and such street, avenue
alley or public ground restored without delay
to it's original condition the satisfaction of the
City Council Of said City. In laying and con-
structing said pipes, mains, appliances and fix
tures no sewers, water pipes or other structures
shall be interfered with or removed nor any damage
be done thereto.
Section A. All digging of trenches and bitches
excavations, laying of mains and pipes and all
other operations and work required or performed
in the laying and construction of said pipes and
mains and in the installation and maintenance
of the shall be done at the sole risk of the
Grantee and its assigns, and it shall be solely
responsible for all accidents and all damage tc
persons or property arising therefrom or arising
in any manner from or out of the exercise OF
the rights, authority and privilege granted by
this Ordinance; and it shall at all times indem.
nifty and save the City harmless from all damage
Judgment costs and expenses arising therefrom
Said Grantee and its assigns shall at it's own
expense, defend all suits and actions brought
against the City by reason of any act of omis-
sion or commission done performed 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 a.
gainst the City in any such suit or action shall
be conclusive evidence of the liability of the
Grantee to reimburse the City therefor
Section 5. Immediately upon the compile
ton of any mains or pipe lines in or upon any
part of the streets, avenues, alleys or public