Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1891-11-26
Ordinance No. 90.

Ordinance No. 90.
An ordinance to provide for leasing an Elcc.
tric Light Plant to be constructed and equipped
In the town OF Audubon, Iowa, by Charles Van
Gorder and Mrs. Lois q. Stuart with option 10
purchase the same under certain terms and con-
ditions, and granting TO said Van Gorder and
Stuart their representatives or assigns the right
to use and occupy the streets, alleys and pubic
places In said town for the erection OF the nee
essary poles and stringing the necessary wires
for said plant and for the operation thereof In
the event that said Van Gorder and Stuart, their
representatives and assigns, resume possession
Of the same under the provisions hereof.
lie 1t ordained by the Town Council Of the In
corporated Town Of Audubon, Iowa, as follows,
to-wit:
Charles Van Gorder and Mrs. Lois q. Stuart,
their legal representatives and assigns the right
and privilege OF constructing an Electric Light
Plant OF the character hereinafter described up
| on the premises now occupied by the town with
Its plant, and Of occupying and using the streets,
alleys and public places OF said town, for the
, stringing Electric Light wires and putting in
| place such necessary apparatus rs may be re-
CURED for the operation OF said plant or any e1-
| tension or enlargement thereof. Said plant in
| Guiding the erection OF poles and stringing of
wires shall be constructed under the supervision
Of the Town Council, and 1t shall be the duty Of
said town, upon application Of said Van GOrder
and Stuart, to select aud point out the places
where the machinery shall be placed, the poles
erected anu wires strung.
| SEOTIoS2 The said Van Gorder and Stuart,
by their written acceptance OF this ordinance,
agree that they will within a reasonable time
procure, construct and put In place, as aforesaid
an lncandescent Electric Light Plant including
boilers, engine, dynamo, poles, wires and all ap-
paratuS and connections required to make q
complete Electric Light Plant ready for opera
ton said plant to be of that style known a,
the National system and to be capable of oper
ating and of sufficient capacity TO operate five
hundred; sixteen e D. candle power incandescen
by lease unto the said town OF Audubon, tn,
said Electric Light Plant so to be procured, con
srnGsed ana made ~ ready Tor for am
the LIST day OF January, 1892; nevertheless upol
the following terms and conditions and for ant
upon the payment of the following sums a
rentals,
lst The said town agrees to pay to said Val
!, Gorder and Stuart their representatives and as
third of the gross receipts of the Electric Ligh
works or plant operated by said town, includin
!. that part thereof owned by the town, as well "A
! that hereby leased and demised; such payment
to be made on the 10th day of each aud ever
month, for and on account of the receipts of tn
last preceding month; and II said One-third G
such gross receipts shall for any month be les
than one hundred dollars, then said Town sha
! pay for such month including such one third
. the receipts, the full sum Of one hundred dollars
II being the intent that the lessons their repr,
l. sentatiyes or assigns shall receive not less tina
), one hundred dollars per month during the per
a cd of the lease.
c said lessons, their representatives or assign
!; during the period aforesaid and monthly q
u aforesaid q sum equal to one and one-halt pt
II place said plant with It's machinery, poles, wire
etcetera, The SAID Town, however, reserve
the right and may upon notice elect to itself an
wires and appurtenances in place and ready Il
operation, in which event the additional rent
herein provided for shall not be paid, :,
the continuance Of this lease at IFS own cost an
e ances hereby leased In good repair aud iit e
!, continuous and economical operation and wi
n supply at its own cost and expense all such IN
/ chinery, parts OF machinery, apparatus, appl
= ances, poles, wires, etcetera as may be :destro
" ed or lost by accident or negligence or otherwi.
5, become unit for use; and IL further agrees
:, maintain In the same manner during said periC
q the Electric Light Plant with its appurtenan'
IS of which II Is the owner.
s. 4th. The said Town further agrees that
will use due diligence 70 so maintain and ope
viii be- aghr Plants t
pensation for the service rendered. In
:, SEcIIoN3. 1t is further mutually agreed tn;
@ if Ffg iha la 70 bs t. . ANY #
! same becomes due and pasaabis ala ssaasR 4
fault ss9ntsgass for fh 3, DAYS then and
sa s VIZ essss It'll snd Q" To
I. render to said lessons, their Representatives .
r. assigns, In good order as aforesaid all the pro-
,f erty hereby leased, and from thenceforth tf
resentatSes or assigns, and the grant to e occnI
said premises, streets and alleys and publ
places for the operation Of said Plant with il
Sas thereof or additions thereto shah at tone one
s sensy aaF sssss
Is not release the Town from the payment OF rel
Is for any time preceding the date OF such forfeit
r ure.
re SECTION 4. 1t is further mutually agree
9, that the said town shall, at any time durn
Z the continuance of the lease when II may legal
sS q ss ss9s REERsa 1 IEs r sssf
ali Its appurtenances hereby leased upon II
following ternsl The said Town shalt pay
said lessons, their representatives or assign
the sum OF six thousand dollars with annual h
rs terest thereon at the rate OF eight per centu
Of from Dec 1, 1891, to the date OF such paymen
e and a further sum which shall be equal to u
er amount expended by the lessons in putting I'll
~ plant and appurtenances In place with annu
IN interet thereon at the rate OF eight per tn
ry from Dec. /, 1901, to the date OF such Daymen
,u from the aggregate of said sums there shall
a deducted whatever sums the said Town sha
e esas per- c ea t9h s yge tssas
a. tive payments; the remainder shall be tile pa
o. chase price Of said plant. =" -
much as the lie of electrical HschlneTy and q
said period the said Town has complied Wi
all its agreements and undertakings, and Il
at lessons their representatives or assigns, shs
OF have received as rentals o sum equal TO 8
M thousand dollars with annual interest there's
an at the rate Of eight per centum from Dec.
IL 1891, and further sum equal to whatey
$; amount lessons expend In putting the said Elc
IN trto Light Plant with its appurtenances In plaC
al with annual interest thereon at the rate Of eig
A. per centum: then and thereppOn The broBsr
NO hereby demised shall become tile absoll
L; property OF said Town, otherwise Ii shall be al
ng remain the property OF the lessons, AID all q
m grants herein coidaiIyed shall at once becoI
3; | operative for the term OF twenty yeags
nd SECTION 6. Ii Is understood aid agreed til
| the Plant hereby leased Is to be operated lii %
81 Reetioa with the Plant now owned by the sa
II Town, and upon the TERMINATION Of this lea,
to- by forfeiture or lapse OF time, the lessoFs, thu
| representatives or assigns, shall, unless sa
| Pant has become the property OF the Town u
der the provisions Of Section hereof, have d
right for a reasonable time TO continue the or
ration of the said Plant In connection with IN
owned by the Town and Of collecting dur
said period all sums due from consumers scry
d. Ky their wires.
y fsSE1aoS.7. The SAID Charles YanGorder al
Lois q. Stuart shall, withtJ Ton days fron. ii
m after the passage hereof, file with tho Record
OF said Town their written acceptance heres
On and upon the filing OF such acceptance this
dlnance shall be and become valid and bin
| ing contract between the said Town of Audub
sJ,g the said Charles Van Gorder and Lois
| 3 Passed I'm omen council Nov a. 1891