St. Paul daily globe., 1888-04-07
ORDINANCE No. GIG.

Company the Rlght 10 use Iertalil
Streets.
The Common Council of the city OF
ST. Paul do ordain as follows:
Section1. That the privilege is hereby
granted unto the Economy Steam Heat
Company tonerect such telegraph. poles
for the purpose of carrying electric cur
rents in the streets OF the, city OF ot.
Paul, at such place OF places and on
the streets hereinafter named and speci-
fled, and such other streets as may
hereinafter be approved by the Com
mon Council of st. Paul, under the
supervision of the City Engineer and
the Committee on Streets. Such poles,
together with the wires thereon, to be
subject to removal to such place or
places as the Common Council may at
any time direct, at the cost and expense
of said Economy Steam Heat company.
The said company assumes all liability
that may be caused or created by the
erection of such poles and the use OF
said electric light, and shall at all times
save the city of st. Paul harmless there
from and from all damages growing out
thereof.
Section 2. Nothing herein contained
shall give to said Economy Steam Heat
company the exclusive privilege of
using the electric lights in the city of ST.
Paul, or any part thereof.
Section 3. The Economy Steam Heat
company is hereby permitted to use
poles for stringing wires for conveying
electric currents and for the purpose
of providing light and power upon
and along the following named
streets in said city of st. Paul, t0-wit:
On Third street, from Washington
street to Broadway street; on Fourth
street, from Seven Corners to Mime
sofa street. and on Fifth, Sixth, Seventh
and Eighth streets, each from Washing
ton street to Broadway street: also on
each of the following named streets,
from said Third street to said Eighth
street, to-wit: Broadway, Wacouta,
Rosabel, Sibley, Jackson, Minnesota,
Cedar, Wabasha, st. Peter, Market and
Washington, the erection of such tele-
graph poles upon each and all of the
above named streets between the points
OH each, as above mentioned, to be
under the supervision of, and subject to
the inspection and control of the City
Engineer and Com mittee Oh Streets of
sald Common Council, and upon and
under the following conditions and IN
structionS, to-wit: Such poles and each
of them shall not be less than forty feet
in height above the grOundand shall not
be less than ten inches in diameter at
the bottom, and six inches in diameter
at the top; they shall all be planed and
shall be painted dark color for the dis
tance of six feet from the ground, and
from that point to the top they shall be
painted white; they shall be set 100 feet
apart, except otherwise expressly per-
mitted by the City Engineer, and at
least five feet at the top of all poles of
said company shall be, in consideration
of the passage of this ordinance, the eX-
elusive property of the city and re-
served for the use of the fire and police
departments of said city, and in case
any other corporation, companies or
persons are now or shall be at any time
hereafter permitted by the Common
Council of said city to erect poles OF
string its wires for the purpose of
electric lighting in said city, or to use the
above mentioned streets between the
points upon each above specified for such
purpose, and such corporation or cor
p0rations, company or companies, per-
son or persons, as shall desire to use the
poles so erected by said Economy Steam
Heat Company for the purpose of sup
porting the wires for such purpose, such
corporations, companies or persons
shall be entitled to do so upon paying to
said Economy Steam Heat Company, its
successors OF assigns the prop0rtiOnate
ing such poles, to be determined as fol-
lows:
Upon the erection of poles upon any
of said streets, said Economy Steam
Heat Company shall Immediately re-
port to the said City Engineer the actual
cost of such poles as erected and said
City Engineer shall ascertain and de-
termine the actual cost of said poles SO
erected, and certify the amount which
he shall find to be correct and keep
record thereof in his office for public in
spection.
Upon the first application as afore-
said to use the poles so erected, the ap
plicant shall pay to said Economy Steam
Heat Company One-half said actual cost
of said poles, as determined by said
City Engineer, and in case of a second
application the applicant shall pay one
third of such cost, the same to be di-
Vided equally between the said Econ
Omy Steam Heat Company and the first
applicant; and successive applicants
shall pay their proportiOnate share of
such cost. the same to be divided pro-
pOrtionately in like manner, and all APP
plicants so paying their proportionate
share of the costs of said poles shall be-
come, and be, by common consent, joint
owners with the said Economy Steam
Heat Company of said poles, and
shall be entitled to use them for
the purpose of electric lighting as long
as they do not come within distance of
ten feet of the lowest wire on said poles
owned and operated by the Economy
Steam Heat company. And it is cOndi
tional that if any other company OF
companies, or persons (Other than cor
porations, companies or persons, the
Arc light SyStem), having procured or
shall procure like permission from said
Common Council to erect poles Oh said
points upon such hereinabove named
streets and between points named here
inabOve before said Economy Steam
Heat company shall have erected its
poles Oh said street, then the permission
hereby granted is withdrawn as to such
street, and said Economy Steam Heat
company shall be restricted to using
such poles then and there already
erected under the conditions as herein
contained And it is expressly cOndi-
toned and provided tnat in case said
Economy Steam Heat company shall re-
fuse to allow any applicant on payment,
OF tender of payment of the proportion
ate amount therefor, and to sell to such
applicant such prOportionate part of
said poles as herein provided, there
upon the right of said Economy Steam
Heat company to erect and maintain its
said poles upon the streets of said city
shall cease, and the same shall be forth
with removed from said streets, or any
of them, upon and under the order and
direction of the Common Council.
Sec. 4. The poles hereby authorized
TO be erected shall be planed and
painted and shall he set in the sidewalk
close to the gutter or curb; unless
special directions are otherwise given
by the City Engineer. All poles must be
erected to the satisfaction and approval
of said Engineer and Committee on
Streets.
Sec. 5. Whenever any street on which
any pole shall have been set shall be
trro6ab or novad tho cold EooDo,pv