The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-25
THE BISMARCK TRIBUNE
PROPOSED HUGHES ELECTRIC
CO. FRANCHISE

introduced and read for the first
time at a meeting Of the Board OF
C;tv commissioners held Tuesday,
February 24th, 1925. This ordinance
must he read for second time ana
then adopted by the Board OF Clty
"reminiscences before it becomes e1-
fcctive.
villages and franchises to the Hughes
Electric Company, corporatloh' us
successors and assigns, and lmpos-
mo certain duties in relation to the
use of the streets, alleys and pubic
nIaces in the City OF Bismarck, Tor
tho erection, operation and mainten-
ance of an electric light and steam
heating plant Tor lighting, power
cooking, heating, and other purposes;
RE IF ORDAINED BY THE BOAKD
OF CITY COMMlSSIONERSO OF ThF.
CITY OF BISMARCK, STATE or
NORTH DAKOTA: :.
Section !. That permission
hereby granted to the Hughes Elce-
trio Company, a corporation, us sue,
cessors or assigns, hereinafter cafe"
the first party, which term shall IN
cludc as hereinafter used the hughes
Electric Company. its successors or
assigns, to enter upon, CONSTRUCT
maintain and operate in. through,
over, under and across any ana az
Of the streets, alleys, highways, prla.
pe,. approaches and public places Of
said City Of Bismarck, system OF
poles. posts. 'conduits, pipes and
mains and wires and all other nee
cssary and useful appliances for the
manufacture, production, use and
transmission OF electricity, steam and
hot water, and for furnishing the
same to consumers, for the purpose
of lighting and heating, motive pow.
err, cooking, and for any ana all
I other purposes for which electricity,
Steam and hot water produced by
, means Of human agency is now or
hereaftar, may be used, except FOR
telephone services, whether for the
use Of said city or any or all o. the
inhabitants thereof, or for any and
all companies, corporations and per-
sons in said City Of Bismarck, or
the suburbs thereof. And such per
mission is hereby made to Nxtend to
J all streets, alleys. highways and pub
| lie places in and of said city now
owned or controlled by it and in
| which it has any interest whatever,
and as we'll also to any and all such
as said city may hereafter acquire
during the period herein. limited,
whether within it's corporate limits,
as now existing, or as the same may
| at any time hereafter be extended
or enlarged, provided that such per-
mission is granted solely upon the
! conditions, restrictions and llmlta-
tions hereinafter set forth and not
otherwise. r.
| Section 2. In case of any change
OF grade of any street or pavement
in said city wherein or upon which
any posts. poles. or other appliances
Of said first party are located, said
first party shall do any necessary
re- setting Or replacing of such poles,
4 posts. or appliances at it's sole cost
4 and expense, and so as to conform
/ to such new grade. and whcncvc" in
that behalf any of said streets. al
lcys, highways, bridges, approaches
or public places shall be disturbed
4 by said first party in, about, Or in
I connection with the doing of any Of
the things herein and hereby permit
ted, or hereafter to be permitted in
that regard, they shall be restored
to their proper condition with the
least possible delay, and should any
default in such matters be at any
time made. by. said first party, said
q. City Of Bismarck shall have the
right to do any needful work to re-
store such streets, alleys, highways,
2 bridges, approaches or public places
to their proper condition and there
upon recover from said first party
the cost Of any work done or materi-
ais furnished therefor. And said
first party shall at any and al times
save and keep the said City Of Biz
, marck harmless from any and all
damages, cost or expense in any way
/ arising or to arise from or growing
! out of any action or proceeding
/ brought by any person, firm, com-
i pany or corporation on account Of
y any matter or thing connected with
such proposed system.
\ Section 3. =, Said first party shall
within ten days after the passage
and approval hereof signify its ac-
ceptance of this ordinance in writ
ing, to be filed with the city audito:
and after the filing. of such accept
! ance, this ordinance shall be- ant
f constitute a contract between sale
first party and said City of Bis.
marck. The duration of said con:
tract and the privileges and fran
u CuiocS HeISDy BIdHtCu SHdti Dc lus
8 term of twenty-five years, subject
however, to all limitations hcrcir
contained. whether hercinbefore o.
- hereafter set out.
i Section A. All posts, poles and ap
u planes set or placed by said frs
party, under the provisions hereof
i in any Of the streets, alleys and pub
lie places of said City Of Bismarck
3 shall be set and placed in conform
q, ity with the provisions Of any en-;
all ordinances, rules and regulation
!, of said city in force at the. tim
= thereof, whether now enacted o
hereafter to be enacted, and all worl
r done in that behalf shall be done l.
$ the satisfaction Of the proper su
thorities of said city with regard {.
n the public convenience and safet,
Section 5. Nothing herein con
r tanned shall be construed as TIL
: granting or attempting to, grant o
: any exclusive privilege to said frs
r party. or to bind said city at, an
n time to be a patron Of, said frs
: party. either in the way Of takin
1 lights or otherwise.
a Section 6. This ordinance sha
" take effect and be in force from an