The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-02-28
MINUTES or TME PnOCEEDlNGs
MlSSiONEHS o. THE CRY or
neSM ANCk. NORTH DAKOTA. M
LAT1NG TO THE PASSAGE or
ORDINANCE NUMBER 49,.

nlSNAnCK. NORTH DAKOTA. mr.
| LAT1NG TO THE PASSAGE or
| ORDNANCE NUMBER 49,.
| The Board Of City Commissioners
met In regular session Monday eve.
ming, Feb. 18th. 1929. at eight o'clock
| =. ~. There were present Commits
sioners French. Humphreys. Larson.
Wachter. and President Lenhart. The
following ordinance was read for the
| second time:
ORDINANCE NUMBER ss5
An ordinance Granting - IN. Nom
tana-Dakota Power Company. "A
Corporation. Its Successors and As
signs. Franchise to Construct.
Maintain and Operate within and
Upon, In and Under the Streets
Alleys and Public Grounds Ut the
city OF Bismarck. Burleigh County.
North Dakota. d Distribution Sys-
tenn Of Mains and Service Pipes.
Together With All Apparatus. Ma
chinery and Equipment Incidental
or Artificial Gas. or i Mixture Of
Both for Public and Private Use and
Sale. and Defining the Extent and
Conditions Of Such Rights aud
1 Privileges.
BE IL Ordained by the Board Of city
Commissioners of the City VI Bis
marck. North Dakota:
Section ]. That for the convent
cnce. throughout this Ordinance the
y,
North Dakota. Is designated by and
referred to as THE MUNICIPAL
ITY." and the "MONTANA-DAkOfA
POWER COMPANY" is designated by
| This Ordinance and all rights, PRIV
ile1es and the franchise thereby
granted shall inure TO the benefit OF.
and all obligations Of the Grantee
aud assigns OF the Grantee herein.
the same AS II the words. successors
and assigns, were repeated after
every mention Of the Grantee by
name or as The Grantee
Section IL. That the MONTANA
DAKOTA POWER COMPANY. n cor
poration. the Grantee, its successors
and assigns. be and hereby are grant
ed franchise to construct. MAINTAIN
and operate within and adjacent to
said Municipality and upon. in and
under it's streets. alleys aud public
grounds as they now are or may
hereafter be laid out. within the pres
ent and future limits IF said Mu-
nieipality. Il distribution system OF
mains and service pipes, together
with amy and all apparatus. machin-
cry or equipment. necessary. Incl
dental. or appurtenant thereto for
the purpose Of distributing natural
or artificial gas. or mixture OF
both. TO the SAID Municipality and it's
Inhabitants and Industries for light.
neat ana power purposes. and any
from time to time to make such al
terations and changes in and extern
sions 10 the original installation UNI
der this franchise as the future
growth, development. and require
ments Of said Municipality. it's in
habitants and the industries doing
business therein may warrant For
these purposes the grantee may en-
Ter upon, over or under any street,
avenue. alley or public ground, cross
any stream under the control of said
Municipality. take up any pavement
or sidewalk therein and make any
and all excavations necessary for the
laying and maintaining OF said con-
Quits. mains and pipes. and extending
ana repairing the same or any part
thereof. provided, that all construc-
ton work shall be done with the
least possible Inconvenience to the
inhabitants thereof. and in accord
ance with any municipal ordinance
governing the same. and that he
sald conduits, mains. pipes and other
parts Of said distribution system
snall not encroach upon. damage. i'm
pede or otherwise interfere with the
conduits. mains, pipes, poles. posts.
wires or other equipment. apparatus,
m m,,h,;n !,,; 2r paraphernalia Of other
heretofore installed, and provided
further that all work or construction,
installation, alteration. change or re-
PAIR hereby permitted shall be done
commission. Such sidewalks or
pavements shall be replaced or re.
paired BY the Grantee, without UNI
necessary delay and as near as pos
sible and In as good condition as they
were In before such work was COM
menced. The said Grantee shall hold
the said Municipality free from loss
or damage 10 persons or property
arising from accidents occurring by
reason OF the construction. installa.
ton and maintenance OF the said dis
tributicn system. : Ii the said Mu-
niclpaitty shall change the grade OF
any an street, alley. highway, pavement
and service pipes or other appliances
are laid. the grantee shall do ali
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
o OF. reEulatiye OF such mat
Iauit herein at any time the munich
paltty shall have the right to do any
work needful to restore or put such
s ,,,a. alleys. highways or public
tnereupon may recover from the
grantee the cost of any work done
or materials furnished therefor. And
sne . sald Grantee shall at all times
less from any and all damages, costs
or expenses In any way arising or
10 arise from or growing out Of any
action or proceeding brought by any
person, firm or corporation on ac-
court OF any matter or thing con-
nected with such proposed gas dis
tr1DutfOn system.
Section iii. That the franchise
herein and hereby granted shall con-
tinue and be in force for a period
OF twenty 600 years from the day
upon which ordinance shall become
eIiective as herein. and by law pro.
Section ~. That the said Grantee
shall have the right to charge such
rates for gas used for household con-
sumption. as may be fixed as fair and
reasonable. by the proper body or
commission Of the State wherein said
Municipality is situated, and exer.
clsing competent jurisdiction thereof.
ana such special rates for gas used
lot manufacturing. Industrial and
poWer purposes as may be agreed
upon Dy said Grantee and the con-
s suin thereof. with the approval OF
Section v. That the said Grantee
shall within ninety (3O) days after
the passage, approval and pubiica-
tinn, or posting, Of this Ordinance Al
required by law. file its written &C.
ceptance OF the terms OF the same
with the Auditor or Clerk OF naid
municipality. This Ordinance shall
tnereupon become a binding contract
Detween the said Grantee and the
said municipality. The faithful car
rylng out OF the provisions contem.
plated by this ordinance on the part
"a