TITLE VIII

SIDEWALKS,STREETS AND ALLEYS, AND BUILDINGS

Chapter 8.02     Streets and Alleys

8.0201     Supervision

The general supervision of the maintenance, repair, and construction of the streets and alleys in and of the City of Scotland, shall be under the Committee on Streets and Alleys.

8.0202     Applicability

This chapter shall be applicable to all streets, alleys and thorough fares in the City of Scotland.

8.0203     General Regulations Concerning

The commission of the following acts enumerated, by any person with reference to the streets, alleys, crossings, bridges, thoroughfares or culverts in the City of Scotland, shall be unlawful:

1)   for any person to drive or cause to be driven any vehicle with metal lugs attached to its wheels in such manner as to injure or destroy the same referred to;

2)   for any person to obstruct any public highway, street, alley, crossing, bridge, thoroughfare or culvert in the City of Scotland, in any manner so as to make passage on the same hazardous or inconvenient;

3)   for any person to put or throw, or cause to be thrown or  put, any snow or ice into or on the same referred to,

4)   for any person to dig or plow in the same referred to, without first obtaining permission as provided by this ordinance; and

5)   for any person to throw garbage, slop  or other refuse or offensive matter in the or on the same referred to.

8.0204     Occupation by Telephone Company

The Bison State Telephone Company, a corporation, it successors and assigns, are hereby granted the right to use and occupy the streets, alleys, and other public places of the City of Scotland for a term of twenty (20) years from the executed date (July 22, 1977) for the purpose of constructing, maintaining, and operating a general telephone system within said city.  The following provisions must be adhered to:

1)   Rights granted to Bison State Telephone Company are subject to the exercise of the police power as the same is or may hereafter be conferred upon the City of Scotland.

2)   The proposition of granting a franchise to the Bison State Telephone Company in accordance with the terms of this ordinance shall be submitted to a vote of the electors of this city at a special election, to be held not sooner than thirty (30) days after the publication of said public notice.

3)   A binding contract shall be in full force between the City of Scotland and the Bison Telephone Company when approved by a majority of the electors of said city.  The approved provisions hereof shall be accepted in writing by the Bison Telephone Company and such acceptance filed with the City Finance Officer.

4)   Publication and election fees shall be paid, upon demand, to the City of Scotland by the Bison State Telephone Company.

8.0207     Distribution of Natural Gas

The right is hereby granted to Northwestern Public Service Company, its successors and assigns, to occupy any of the streets, alleys or public places of the City of Scotland for the purpose of transmitting or distributing natural gas for a period of twenty (20) years from the executed date (April 6, 1992) provided, however, that the right herein granted shall not be exclusive.  The following provisions shall be adhered to:

1)   The grantee shall be liable for all damage due to its negligence in constructing, operating or maintaining its natural gas system within the said municipality, and shall at all times save the said municipality harmless from any and all liability arising out of negligence of the grantee.

2)   This ordinance shall not be effective unless said Company shall file its unconditional acceptance of this ordinance with the Scotland City Council within 45 days after publication.

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