LXXV. AN ORDINANCE GRANTING TO CERTAIN PERSONS THE RIGHT TO .Permission given to operate Herdic coaches. Conditions of the grant. Coaches shall be numbered. Penalty for violation of the ordinance. The City Council of the City of Minneapolis do ordain as follows: SECTION 1. Permission is hereby granted to George H. Keith, George L. Scott and Leroy S. Buffington and their heirs and assigns, the right to maintain and operate upon the streees of said city, such line or lines of Herdic coaches or vehicles for transportation of passengers, constructed according to patents issued to Peter Herdic, as they may deem advisable, free from all license for, or other charges to said city. SEC. 2. The grants herein made are upon the express condition that said grantees shall within six months from the publication hereof, establish not less than two miles of stated lines of such carriage, making not less than twenty trips per day upon such lines, and shall carry such passengers as may apply therefor, without discrimination, at rates of fare not exceeding five cents per mile, and in case said grantees shall fail to establish such lines within said term, or shall at any time thereafter fail to maintain the same, or shall demand greater rates of fare than herein provided for, this ordinance shall be void and said grantees shall be liable to all penalties provided in the ordinances of said city for conducting such business without license. SEC. 3. All of the coaches so used by the grantees shall be plainly numbered, in a conspicuous place on each coach, from one (1) upward, and the same shall be duly recorded in the City Comptroller's office, for which a fee of one dollar ($1) shall be paid for each coach so recorded. SEC. 4. The grantees shall be held responsible for any violation of the provisions of this ordinance, either by themselves or their employees, and any person may make complaint to the Municipal Court, and on conviction, the person or persons found guilty shall be fined not to exceed twenty-five dollars ($25), according to the discretion of the court, and may be imprisoned until such fine and costs are paid. SEC. 5. This ordinance shall take effect and be in force from GRANTING TO CHARLES D. F. SMITH THE RIGHT TO The City Council of the City of Minneapolis do ordain as follows: SECTION 1. That Charles D. F. Smith, his heirs, executors, administrators and assigns, have, subject to the conditions hereinafter named, the right and privilege of manufacturing from coal and other materials, and selling in the city of Minneapolis, gas for lights, for heat, for power and for any other purpose for which such gas may be useful, and for laying in any of the streets, avenues and alleys of said city, such suitable gas mains and pipes as are necessary for the conducting and distributing such gas for any of the purposes aforesaid, together with the right, when necessary for that purpose, to enter with his or their agents and servants upon any of the streets avenues and alleys of said city, and under the regulations hereinafter prescribed to dig up the same, so far as may be necessary for the proper laying or repairing of such mains and pipes therein and necessary connections therewith, and to do all other things therein for the proper laying or repairing of such mains or pipes, SEC. 2. That said Charles D. F. Smith, his heirs, executors, administrators and assigns have, also subject to the conditions hereinafter named, the right in person or by his or their agents or ser vants to enter any public or private building in the city, in the day time, for the purpose of examining any gas meter in such building, in accordance with such reasonable regulations as may be established by said persons concerning the sale of gas in said city and the supplying of meters for measurement of same. SEC. 3. The rights and privileges aforesaid are each and all given, subject to the following provisions, and not otherwise, and upon the following express conditions to-wit : (1.) It is understood by said Charles D. F. Smith that the Minneapolis Gas Light Company now claims, exclusively, all the rights and privileges herein named, under and by virtue of an ordinance of the City Council, approved February 24th, 1870, and of the certain act of the Legislature for the legalizing and confirming the same, found on page 411 of the special laws of 1879; and that he takes said rights and privileges, if at all, at his own risk, and subject to all rights and to all claims of right, of any other person and without any warranty or assurance that the said City Council has either right or power to give the same, or that he or his heirs, executors administrators or assigns can take, hold or enjoy anything hereunder. (2.) The said Charles D. F. Smith, his heirs, executors, administrators or assigns shall within six months from the date of the approval of this ordinance commence the construction in the city of Minneapolis of suitable Gas Works for the manufacture of gas, and shall thereafter diligently prosecute the work of their construction to a speedy completion, and shall within one year from the date of the approval hereof have properly laid in and along principal streets and avenues of said city at least three miles of suitable gas mains and pipe for the distribution of such gas, and within one year thereafter five additional miles of such mains and pipes, and at any and all points along the mains and pipes so laid be prepared to supply gas suitable for light, heat or power to the city of Minneapolis if desired and to any and all other persons desiring the same. Provided, however, That in computing said time, no portion of the time, if any such there shall be, during which he or they are by legal injunction or retaining order of court actually prevented from prosecuting said work shall be included. (3.) He or they shall with all diligence thereafter lay and extend such mains and pipes along any and all streets and avenues in said city where gas may be needed by the people of the city, and shall, when asked to do so (except in time of frozen ground) by at least six occupants of a house, tenement or store, who may desire to use gas upon either side of the street within the distance of a block, contiguous to any block where any mains or pipes are already laid, extend such mains and pipes throughout such block. (4.) He or they shall at all times on reasonable demand therefor and at reasonable prices, which shall not at any time exceed the sum of two dollars and twenty-five cents ($2.25) per thousand feet, for gas a strength at least equal to seventeen candle power, sell and distribute to the city of Minneapolis and to any and all of the people in said city at any and all points reached or which may be reached by their mains and pipes as above provided, suitable gas therefor and all that may be required for any of the purposes above named, and shall make all connections with their said mains or pipes and afford all needed facilities to all for the taking and using of such gas. (5.) He or they shall at any or all times submit to any and all reasonable regulations and requirements which the State Legislature, or the City Council of the city of Minneapolis, may at any time make for the inspection of their gas, and shall at all times afford any inspector lawfully appointed for that purpose ample facilities for testing or inspecting the same, and shall manufacture and at all times keep their gas in quantity and power up to such reasonable standard as may at any time be required of him or them by said City Council. (6.) He or they shall not in any case lay any main or pipe in any street, avenue or alley of said city, except in locations in manner and upon plans which shall first be approved by the City Engineer of said city, and when he or they shall desire to lay any particular line or section of such gas mains or pipes, he or they shall first, and at least three weeks before commencing work thereon, prepare and submit to the said City Engineer maps and plans showing the location, size, material and manner of laying such mains or pipes, and shall thereafter change or modify such maps and plans, if required to do so by said City Engineer, or by the City Council of said city, as required, and when finally approved shall furnish to said City Engineer, a duplicate of the maps and plans so approved, (which maps and plans it is hereby made the duty of said City Engineer to preserve and always keep in his office,) and shall only lay such gas mains and pipes in accordance with the maps and plans so approved. (7.) He or they shall not dig up more than one hundred feet in length of any one street, avenue or alley in said city, at any one time and shall in each case replace such excavation within 12 hours and before making any further excavation. (8.) He or they shall not in any case displace, interfere with, injure or endanger any sewer, conduit, water or gas main or pipe or any other property or inprovement placed in any street by the city or by any other person. (9.) He or they shall not in any case unnecessarily interfere with any travel on or traffic in any street. Rates for which to be furnished. Shall at all times submit to what rules and regula tions. All pipes and proved by the city engineer. mains to be ap All material taken out in making excavations shall be replaced. What rights reserved to the city. Forfeiture in (10.) He or they shall in all cases of excavations or other necessary obstructions in the streets, effectually guard the same by proper barriers to prevent any accident, and if in the night time shall give further warning by lights constantly and conspicuously displayed at all approaches thereto. (11.) He or they shall in all cases so replace all material taken out in making any excavation as to leave the same solid and the surface of the street as it was before; wetting or ramming such material, or both as may be necessary for that purpose, and wberever any street, avenue or alley shall at the time of making the excavation be paved, macadamized or otherwise improved, he or they shall forthwith so reconstruct and replace such work or improvement that it shall be as good, substantial and durable as it was before. (12.) The right is hereby saved in and reserved to the city of Minneapolis in any and all cases in the discretion of its City Council to forbid and prevent the laying of any main or pipe along any street in or near the centre thereof, and to require instead two lines of mains or pipes, one on each side of the same in or near the gutter. And also the right to forbid and prevent the digging up, obstructing or interfering with any street in the day time for the purpose of laying or repairing any main or pipe, or for any other purpose, and to require instead that all such work to be done within such hours of the night as it may designate, no more being undertaken in any one night than is completed during the same night. (13.) In case of any failure by sad Charles D. F. Smith, his heirs, executors, administrators or assigns, to do any material case of failure. thing by this ordinance required of him or them, or in case of any failure by him or them to observe any of the regulations aforesaid, then in either case such failure shall forthwith work a forfeiture by him or them of all the rights and privileges herein named. Written acceptance to be filed within what time. Penalty for vi olating this ordinance. (14.) The said Charles D. F. Smith, for himself and for his heirs, executors, administrators and assigns, shall, within twenty days after the approval of this ordinance, if he desires the benefits of the same, file with the City Clerk of the city of Minneapolis his acceptance of the same upon the conditions and subject to the provisions above named, which written acceptance shall also contain an agreement binding him and his heirs, executors, administrators and assigns to construct gas works and to manufacture, distribute and sell gas as therein required and to do all other things therein required of him or them as therein required, and in case of a default in filing such instrument of acceptance, this ordinance shall be deemed to be rejected and shall become and be thereafter void. SEC. 4. If any person shall wilfully do or cause to be done any act or thing whatever, to injure any building, structure, machine, main, pipe or other thing pertaining to the business of manufactur |