The Daily Alaska empire., 1932-04-02
nRnINANcE NO. 2Or

NEAU. ALASKA, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO CONSTRUCT. AND MAINTAIN A STEAM HEATING SERVICE IN THE CITY OF JUNEAU, ALASKA, AND TO CHARGE FOR SUCH STEAM HEATING SERVICE FURNISHED THEREBY.
 BE IT ORDAINED BY THE COM
 MON COUNCIL OF THE CITY
 OF JUNEAU, ALASKA:
 Section l. That J. A. Bulger and H. J Eberhart. of Juneau, Alaska, their heirs. executors, administrat- Iors and assigns, are hereby granted a franchise authorizing them, their heirs, executors, administrators and assigns, for and during the term of twenty (20) years from and after the first day of May, 1882, to con struct, operate and maintain a steam heating service in the City of Juneau, Alaska, for the purpose of ere ating and manufacturing steam heat and supplying and furnishing it, at such rates and charges as may. from time to time during the continuance hereof, be liked and established according to law, to the residents and inhabi- ltants of said city, as well as to any other person therein. who may de sire to purchase the same from them, and to that end and for that purpose the said J. A. Bulger and H. J. Eberhart, their heirs, exc cutors, administrators and assigns, ! hereby are authorized to use and are granted the use, subject to such reasonable limitations, regulations, rules and restrictions as said city, by it's Common Council, may from time to time prescribe, of the pub lie streets, alleys, squares and pub lie ways of the City of Juneau, Alaska, for the purpose of con structing, or laying thereon or therein. such excavations, mains, pipes, conduits, wires, tanks, struc- lures, paraphernalia, equipment and appurtenances as may be necessary i for the carrying out and the main taining of the franchise hereby granted, and to maintain and oper- ate in said city heating plants for the creation, manufacture and dis tribution of said steam heat, and also tanks for the storage of oil and fuel for use in said heating plant or plants, provided, however, that no authority is hereby given or granted to interfere with or hinder the ordinary and customary use of this municipality or the general public of said streets, all leys. squares and public ways for passage and travel thereupon, and provided, further, that all such excavations, mains, pipes, conduits wires, tanks, structures, parapher- nalia, equipment and appurtenances shall be installed and maintained subject to all such reasonable ordi- nances, regulations, rules and re- strictions as said City, by it's Com mon Council, may have heretofore enacted or prescribed or may here after enact or prescribe in respect l thereto, and. that no such mains pipes, conduits, wires, tanks, struc- lures, paraphernalia, equipment and appurtenances shall be installed or erected upon or, except upon spec ial permission first being granted therefor by the Common Council, above the surface of any such streets, alleys, squares or public ways.
 1 Section 2. That said J. A. Bulger and H. J. Eberhart, their heirs, executors, administrators and as- signs, shall assume any and all lia- bility for any and all damage that may or might accrue or for which the City of Juneau, Alaska, may or might be liable under this franchise due to defective or neg Iligent construction and/or opera ton of said service, excavations tanks, pipes, mains, conduits, wires plants, structures, equipment, ap- purtenances, andfor paraphernalia and for the negligence of all per sons, agents and employees in the construction or operation thereof and that they, their heirs, execut- ors. administrators and assigns, dc hereby warrant and agree to de- fend all such suits at their owr expense and to respond in dam ages, if any there be, therefore, anc to at all times hold said City oi Juneau, Alaska, harmless therefor and therefrom during the continu- ance hereof.
 1 Section 3. Acceptance of thil
 franchise by said J. A. Bulger ane 1 H. J. Eberhart. their heirs. ex- ecutors. administrators and assigns shall be construed as an agreemen | by them and their heirs, executors 1 administrators and assigns, to faith, I fully perform all the conditions ane | provisions hereof and to have tn, 1 said steam plant and service ir | operation within three (3) year l from date hereof and in defanl
 thereof this franchise shall be null
 and void.