Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-03-21
An Ordinance.

AN ORDINANCE GRANTING TO ANDREW
L. GRACEY, JOHN KAISER AND NELSON
MOORE, THEIR SUCCESSORS AND AS
SIGNS, THE RIGHT TO ERECT, MAIN
TAIN, AND OPERATE, IN AND UPON THE
STREETS. ALLEYS, LANES AND PUBLIC
GROUNDS OF THE CITY OF MARIETTA,
THE POLES, WIRES, MAINS, AND OTHER
NECESSARY AND PROPER FIXTURES
AND APPLIANCES FOR FURNISHING
ELECTRIC LIGHT, POWER, AND HEAT,
TO THE RESIDENTS OF SAID CITY.
Be it ordained by the City Council of the City
of Marietta Ohio, as follows: ~
SECTION /. That the right and authority be,
and the same is, hereby granted to Andrew L.
Gracey. John Kaiser, and Nelson Moore their
successors and assigns, to erect and to main
tain and operate IN ana upon n tne streets, alleys
eta, Ohio, for the period OF thirty years from
the passage of this ordinance, the poles wires,
mains, and other necessary or proper fixtures
and appliances for the purpose Of furnishing
electric light, power, and heat to the residents
of said city and the public buildings. therein
said grant being made upon the following terms
SECTION q Said poles, wires. mains, fix
lures, and appliances shall be SO erected and
maintained as not to impede or Obstruct travel
along and over said streets. alleys, lanes and
public grounds. and so as not to interfere with
ingress or egress to or from any public or pri-
yate property, nor with the electric light plant
gas pipes, water-worSs pipes. sewerage pipes
telegraph and telephone poles and wires now
constructed in said city Said poles shall be
erected and pacedd d az the oaser eage @ OF sne
streets, in which case they shall be erected at
such places as the City Civil Engineer may
designate, so as not to interfere with travel or
the flow of water on such streets, and shall be
of neat and symmetrical pattern, and painted
No wires shall be strung or maintained less
than twenty-five feet above the level of the
street over which the same may rass And
whenever it shall be necessary, in the opinion
of the G. Cty Civil Engineer, on account of the
change OF grade or Improvement OF any of said
streets. alleys, lanes, or public grounds, to re-
move any OF such poles, wires, MAINS or fix
lures, the same shall be by said Gracey, Kaiser
and Moore, or their assigns removed to such
Engineer, nnder the direction of the City Coun
Gil. but not SO as to interfere with the proper
enjoyment OF the rights herein granted. The
to said poles, where practicable, Its fire alarm
and police wires.
SECTION 8. Said Andrew L. Gracey, John
Kaiser and Nelson Moore, their successors and
assigns. by accepting the franchise and right
hereinbefore granted agree and bind them
selves to save said city of Marietta free and
harmless from any and all damages arising
from or growing out of the erection, mainten-
ance. or operation of said poles, wires, mains,
fixtures and appliances:
SECTION 4. The minimum rates at which
said Andrew L. Gracey. John Kaiser, and Mel
son Moore, their successors or assigns, shall
be required by said city to furnish electric in
candescent lighting, at any time during the
period of ten years next ensuing the passage
of this ordinance. to the citizens and public
buildings of said city, are as follows; Seventy
five cents per hundred ampere hours, with dis
counts as follows: 10 per cent on bills exceed.
ing S. and less than SIS per month: Is per cent.
on bills exceeding SIS and less than $40 per
month; 90 per cent. on bills exceeding $40 and
less than $50 per month: 25 per cent. on bills
exceeding $50 per month. A further cash dis
count of per cent. to be allowed on all bills
paid at the Company's office on or before the
9th of the month succeeding that, for which
consumption is charged. And in case of limit
ed consumption, the company to have the priv
ilege of making special contracts with con-
sumers, at a reasonable price per month, not
to exceed the cost of corresponding lighting by
metre measurement.
The said rates above mentioned shall be also
the maximum prices to be charged under said
franchise, during the period named. And If
any style or kind of metre IS used other than
the Ampere metre herein mentioned, the rates
to be charged must correspond with and not
exceed the rate as herein established.
SECTION D.. All terms, conditi ms, provis-
ions and limitations prescribed in This ordin-
ance as to the construction, maintenance, use,
or operation of said plant, shall apply to and
include the successors and assigns OF the said
Andrew l.. Gracey, John Kaiser. and Nelson
Moore, and to any and all persons and corpora
tons who may at'any time use or operate said
plant or any part thereon
SECTION 8. The right and privilege is re-
served by said City OF Marietta, to purchase
said incandescent plant as described in this
ordinance together with such additions there
to as may be made. at the end of ten years
from the date of this ordinance, and at the
end of twenty years and thirty years respec-
lively from the date hereof, the price to be
paid therefor to be fixed as follows Said
Gracey, Kaiser & Moore or their successors or
assigns shall choose two appraisers. the City
Council of said city shall choose two apprais-
ers, and these four persons shall choose two
others, which six persons shall constitute a
board who shall appraiSe said plant at such
price as in their judgment it may be worth;
and said City of Marietta, through its City
Council shall then have the right to purchase
said plant at the price so fixed within ninety
days from the date of such appraisment.
SECTION. 7. The electric plant contemplated
by this ordinance shall be commenced within
four months from the date hereof, and light
and power furnished the residents of Marietta
within one year from the date hereof, OF all
rights and powers herein granted shall cease.
and this ordinance become and be null and
void.
SECTIONS. Before this ordinance shall take
effect, or be binding upon the city, the said
Andrew l.. Gracey, John Kaiser and Nelson
Moore shall file in the office of the City Clerk
of said city a written instrument accepting
this ordinance. and agreeing to all the terms
and conditions thereof And no assignment of
er. and Moore. or any of their future assignees,
shall take effect unless and until such as
signees, respectively shall execute and file a
similar instrument with said City Clerk.
And it is further provided that no assign
ment or transfer of this ordinance or the
rights thereby granted shall be made by said
assigns, to any person, persons, or corpora
tion. without the express consent Of the City
Council first had and obtained
SECTION o. This ordinance shall take effect
and be in force from and after the earliest
period allowed by law.
Passed March IL, 1896
j HATHAWAY,
President Pro Tenn of the City Council.
Attest: CARL BECKER, City Clerk.