The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-03-07
Conditions Of Such Rights and
Privileges.

Section l. That for the convent.
snce threTshout this Rnr 9sdlnars onn the
North Dakota, IL dss,gnns,tfsssdi ,G BY ana
iTY," and the ', NO!
lSH refsrTea f. ss THE
This Ordinance and all rights; priv
ileges and the franchise thereby
srsnted shall to the sns benefit o.
and and assiSns OF the Grantee herein.
the same as Il the words. successors
every mention Of the Grantee BY
name or as 1.-THE Grantee"
Section II. That the MONTANA
DAKOTA POWER COMPANY. a cor
and assigns. be and hereby are grant
and operate within and adjacent to
ind Under It's streets. alleys and pubic
grounds as they now are or may
hereafter be laid out. within the pres
ent and future . Limits OF sad. said Mu,
mains and service pipes. together
with any and all apparatus, machine
cry or equipment. necessary, fnci-
the purpose Of distributing natural
both, to the said Municipality and It's
inhabitants and industries for light,
other practical purpose or use. and
from time to time to make such al
terations and changes In and extern
der this franchise az the future
growth. development and require
ments of said Municipality, it's in
habitants and the industries doing
these purposes the grantee may en-
| ter upon. over or under any street,
avenue. alley or public ground. cross
Municipality. take up any pavement
| or sidewalk therein and make any
and all excavations necessary for the
| laying and maintaining Of said con-
| and repairing the same or any part
| thereof, provided, that all construc-
ton work shall be done with the
possible snG to the
ance with any municipal ordinance
governing the same. and that The
said conduits, mains. pipes and other
shall not encroach upon. damage. inn
pede or otherwise interfere with the
conduits. mains. pipes. poles. posts.
wires or other equipment: apparatus.
public utilities or. public works
heretofore installed, and provided
| further that all work or construction.
pair shae Be- or done
commission. Such sidewalks or
pavements shall be replaced or re-
necessary delay and as near as pos
sible and in as good condition as they
| were In before such work was COM
the said Muni sa free from from Toss Joss
or. damage to persons or property
arising from accidents occurring by
reason Of the construction. instai!a-
ton and maintenance of the said dis.
tributicn system. II the said Mu-
nicipality shall change the grade Of
any street. alley. highway, pavement
or public place. wherein gas mains
are laid. the grantee. shall do all
necessary lowering. re-laying and re-,
placing of said mains, service pipes
pense and conformably to such grade
as may be established. and in the do
ing Of said work the said grantee will
in all things comply with the city
ter. Should the grantee make de-
!. fault herein at any time the munich
pality shall have the right to do any
to or put ns sSHn
places in their proper condition. and
, thereupon may recover from the
grantee the cost OF any work done
. or materials furnished therefor. And
the said Grantee shall at all times
{ save and keep the municipalitX harm
less from any and all damages, costs
E to arise from or growing out Of any
action. or proceeding brought by any
person, firm or corporation on Ac-
count OF any matter or thing con-
nscted with such proposed gas dis
Section iii. That tho. franchise
z herein and hereby granted shall con-
iw. snS g in vf srss from for th period dsd
upon which ordinance shall become
:. effective as herein. and by law pro-
Section Nv. That the said Grantee
shall have the right to charge such
t rates for gas used for household con-
sumption. as may be fixed as fair and
reasonable BY I'll the s+a proper 'r.l body Or
o Municipality is situated. and exer-
a cising competent jurisdiction thereof,
and such special rates for gas used
i power purposes as may be agreed
Is upon by said Grantee and the con-
y sumner thereof, with the approval of
sag c Hoard or Gomm ths on;a cr.nt.
i. shall within ninety 600 days after
the passage. approval and publica-
+ tion. or posting, Of this Ordinance as
\ ceptance Of the terms Of the same
J" with the Auditor or Clerk OF said
i Municipality. This Ordinance shall
\ thereupon be become ONE binding contrac!
= said Municipality. The faithful car.
y rying out OF the provisions contem
plated by this ordinance on the parl
tages thereof inuring to the benefi,
of the said Municipality and it's in.
l. habitants shall be considered the re.
" ciprocal considerations thereof. !.
Section vi. That said Grantee shall
have said distribution system In op
the date of filing its written accept
-. ance Of this Ordinance.
% Section VII. That the Grantee ma
er At any time be relieved. Of all obliga
tions to render service hereunde
ds upon surrendering to the Municipal
ne all rights and privileges hereunder
n. I'm which event the Grantee shall
a. have two years within which to re
!" move its property. II any: from tn
n" Section aa,'' vii. That this ordinanc
Oh shall become effective after its pas
Sc sage, as provided by law.
40 Passed and approved this 18th da;
ty Commissioners Larson moved tn
passage of the ordinance as read
~ the motion. On roll call the Commits
TX sioners voted as follows: Ayes. Com
missioners French, Humphreys, Lar
Nsyes. non sa The motion E csn
ried.
n state Of North Dakota. County .
~ 7, N. H. Atkinson. City Audito1
by within and for the city Of Bismarck
I've Burieigh County. North Dakota, d
= true ana correct copy Of that Sa1
49, Of the minutes Of tho proceedings
il. the Board Of City Commissioners {
- the City Of Bismarck, North Dalot
,eE Nu ,asssF s g the passage Of ordinans
M. In witness Whereof I have her,