Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1896-09-08
ORDINANCE NO. 1871.

fixtures in the streets, avenues, alleys and
public grounds of the. city of DEBORAH,
Iowa, for the purpose of furnishing light,
heat and power throughout the city:
BE TT ORDAINED by the city Council of0
City Of DEBORAH, IoWa:
ART. /. That there is hereby granted to
William IL. Burtis and Monroe 5. Howard,
partners in business as Burtis & Howard, and
to their heirs, successors or assigns the right to
establish, maintain and operate an Electric
Light Plant in the city of DEBORAH, Iowa, and
and maintain the necessary poles, wires,
lamps, masts and other fixtures for furnishing
| light, power and heat throughout the city, in
| the streets. avenues, alleys and public grounds
of said city under such restrictions as are here
matter named.
| ART. 2. The said grantees in accepting this
| by assume all liability for any and all damage
that may be caused to any person or property
| by reason OF the construction or maintenance
OF said electric light plant, or any part thereof
| And said grantees hereby agree that should
any action be commenced or prosecuted
against said city of DEBORAH, upon any claim,
| for such damages, they will, upon due notice
| thereof, appear, and defend said suit. And
should any judgement be rendered therein
| against SAID city OF DEBORAH, the amount of
such Judgement and costs and reasonable
Attorneys fee for Plaintiffs Attorney, in
case it should be necessary for said city to sue
grantees herein RE- tor the amount Of said Judge
any proper suit or proceeding brought against
| said grantees for such purpose. and the record
| any such suit for damages shall be conclusive
evidence of the right of the city to recover
against such grantees.
ART. 3. In the use and enjoyment of the
| privilege hereby granted all poles required
shall be erected at such points or places as
shall be designated by the Street Committee
| the wires strung thereon under the super
vision OF and subject to the approval of said
| All wires shall be placed not less than
twenty (20) feet from the level of the ground,
| and all poles, wires, appliances and structures
shall be built and placed so as to interfere as
| little as possible with all other proper public
uses OF said streets, avenues alleys and public
shall be first class in all respects.
ART. 4. In the construction and main
tenance OF said plant the grantees herein shall
| not unnecessarily obstruct any street, avenue,
| alley or public ground of said CITY and shall
| within a reasonable time under the direction of
| the street committee of said city repair all
| damages done to streets, avenues, alleys or
public grounds, or the sidewalks on or along
| the same, resulting from the construction or
operation OF said p liant, and, if they fail so to
| do, the city may cause such repairs to be made,
| and for the expense thereof the grantees here
in shall be liable to the city,
| ART. s.. The City Council may at any
time require the grantees to change the To-
gas. water or sewer pipes, street railways or
| other reasonable public improvements but all
| such changes shall be reasonable and not I'M
duly INTERFERE with the grantees plant or its
| ART. 8. After the plant herein mentioned
| shall have been erected and completed, the
grantees herein shall extend their system
| along any streets, avenues. or alleys of said
city, whenever the City Council shall order
the same, subject, however to the following
Provided first: That said grantees shall have
a reasonable time within which to increase the
power OF their station If necessary
| Provided second THAT said grantees shall
| not be compelled to extend their system after
said first plant by them to be put in and the
Of Dy a until
/ proper territory of said city or the said city
of DEBORAH, itself, shall enter into contract
with said grantees to use their lights in said
territory to an amount in the aggregate of
$500 per month for 1000 feet of extension.
| ART. T. The city of DEBORAH hereby re-
| serves the right to make all reasonable police
regulations concerning the operation and con-
| struction of said plant.
ART. 8. Said Burtis & Howard, their heirs,
successors and assigns shall be entitled to en-
Joy, and possess all privileges granted hereby
and confirmed for the period Of Twenty (2O)
years from and after the publication of this
Ordinance, or for such a further term as the
City Council of said city may hereafter grant
ART. y. In consideration of the privileges
herein granted, said grantees shall at all times,
on reasonable demand therefor, and in accord
ance with the provisions of this Ordinance fur
| nish to the city OF DEBORAH, and to any and
all citizens thereon suitable electric lights at
prices, which shall not any time exceed the
| rates and prices set forth in the following
| schedule, to-wit:
SCHEDULE.
| Arc street lamps, nominal 1000 candle DOW
| er, burning from dusk until twelve O'Clock
| mld. night, every night in the year at SO per
| light, per month.
Same as above burning from dusk until day
| light, all night and every night. at 81 30 per
/ light, per month.
Arc lights, 1000 candle power for store use,
burning until ten O'Clock p. m. at S5 per light,
Incandescent lights, 32 candle power for
street lighting, burning from dusk until IL
| month, including renewals.
/ same as above mentioned, burning all night,
at $l;75 per light, per month, including re-
Meter rates, for store and residence lights to
be not more than l5 cents. per kilowatt hour,
and rates per month"; per light, to be as low as
above meter rates. or lower.
IL Is understood that the above charges shall
be in full compensation for all rent and use of
electric current and for all appliances neces-
ssry 70 furnish the light contracted for, except
All the first commercial and residence in
candescent lights shall be furnished by the
grantees herein, but renewals of such in
candescent lights shall be charged for the cost
in addition to the above rates, and rate of
10 cents per month, may be charged for meters,
| unless the consumer uses on the premises SIS
worth OF light per month, in which case no
charge is to be made for meter.
Inc grantees d reserve the right to place
meters on all consumers where an unneces-
sary amount of current is used.
| Said grantees further agree to furnish light
to all city buildings and to churches and pub
lie charitable institutions at discount of 10
per cent ten per cent, from theschedule above
set forth for term of five years from the pub
/ lication OF this Ordinance
ART. 10. Be it further ordained that dur
ing the first term of five years of this franchise
commencing January LIST, 1897 the said city
| OF DEBORAH will pay to said Burtis & Howard,
or TO their heirs, successors or assigns on or
before the 10th day of each month of said
| term, next succeeding the one in which such
electric light Is furnished in full for each and
| every light or lamp used by said city, and To-
| Gated as directed by the Street Committee of
| the city council, at the rates provided for in
| the foregoing schedule.
AND said city hereby agrees to use and paw
| Tor, during each month of said term of five
years, not less than Ten QO) 1000 candle pow
| er arc street lamps burning from dusk until
| midnight, each night, and Seventy (7O) 80
| candle power incandescent street lamps burn
ing from dusk until mid night or the equiva-
| lent OF these, the number of each kind and the
| klnd TO be determined by the city and said
| lghts TO run upon such schedule as the city
may from time to time determine, but such
schedule is not to be. changed by the city
case OF any change, thirty 800 DAYS notice of
grantees herein.
II is further agreed that in case any of said
| lights shOu I'd fail to operate, the city shall
| have the right to deduct from the monthly
bill OF the grantees herein the sum of twenty
l2O) cents for each night each incandescent
light shall fail to operate and forty (4O) cents
/ Der night for each arc Ifoht hut chic no