Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-03-20
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 UPoNTHE
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 and upon the streets, alleys,
lanes; and public grounds Of the City OF Mari
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 appiiahntes Hans Tor the purpose OF furnishing
| OF said city and the public buildings therein;
said grant being made upon the following terms
| and conditions. .,.f 7p f.s +r .fc4,..
SECTION 2. Said poles wires mains, Ak.
1 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-
vate property, nor with the electric light plant.
|
telegraph and telephone poles and wires, now
constructed in said city Said poles shall be
erected and placed at the outer edge of the
curbing of the sidewalks, except on paved
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 ty 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
J lures, the same shall be by said Gracey, Kaiser
and Moore, or their assigns, removed to such
place as shall be designated by said City Civi
Engineer, nnder the direction OF the City Coun
Gil, but not so as to interfere with the proper
enjoyment OF the rights herein granted. Tht
city shall be allowed, free OF charge, to attach
to said poles, where practicable, its fire alarm
and police wires
SECTION 3. Said Andrew L. Gracey, Joh1
Kaiser and Nelson Moore, their successors ant
assigns. by accepting the franchise and righ
selves to save said city of Marietta free ant
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 whicl
= said Andrew L. Gracey, John Kaiser, and Ne
, son Moore, their successors or assigns, shal
. be required by said city to furnish electric in
Z candescent lighting, at any time during tn
period of ten years next ensuing the passag
of this ordinance. to the citizens and publ
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 50 and less than SIS per month; 10 per cen
on bills exceeding SIS and less than $40 pc
. month; 20 per cent. on bills exceeding $40 an
less than $50 s per month; 25 per cent on bill
count of per cent. to be allowed on all bill
paid at the Company's office on or before th
4 5th of the month succeeding. that for whic
a q n iTni
ed consumption, the companyto have the pri'
" ilege of making special contracts with col
sumers, at reasonable price per month, ne
metre measurement.
The said rates above mentioned shall be ais
er the maximum prices to be charged under sal
Q !, franchise, during the period named, And
II any style or kind Of metre is used other tina
II the Ampere metre herein mentioped, the rat
- to be charged must correspond with and NJ
exceed the rate as herein established.
SECTION 8. All terms, conditions, provi
ions and limitations prescribed in this ordi
ance as to the construction, maintenance, us
or operation of said plant, shall apply to al
include the successors and assigns Of the sa
d Andrew l.. Gracey, John Kaiser, and Nels'
e Moore, and to any and all persons and corpor
u tlons who may at any time use or operate sa
as plant or any part thereof.
;f SECTION 6. The right and privilege is I
II served by said City of Marietta, to purcha
G. said incandescent plant as described in I'll
ordinance, together with such additions ther
es to as may be made, at the end of ten yea
l.
IN end of twenty years and thirty years respe
,t lively from the date hereof, the price to
paid therefor to be fixed as follows: Sa
s. Gracey, Kaiser & Moore or their successors
os assigns shall choose two appraisers, the Ci
Go Council of said city shall choose two appra
ers, and these four persons shall choose tN
others, which six persons shall constitute
board who shall appraise said plant at su
. price as in their Judgment 1t may be wort
s. and said City of Marietta, through its Ci
w Council, shall then have the right to purcha
IN said plant at the price so fixed, within nine
4; days from the date of such appraisment.
81 SECTION 7. The electric plant contemplat
I'll by this ordinance shall be commenced with
OF four months from the date hereof, and Zig
w. and power furnished the residents of Mariet
", within one year from the date hereof, or
III rights and powers herein granted shall cea
Sc and this ordinance become and be null a
,u void.
- SECTION 8. Before this ordinance shall ia
H. ~ effect or be binding upon the city, the So
e Andrew L.. Gracey. John Kaiser and Nel5
i" Moore shall file in the office of the City Gle
,r | of said city a written instrument accept
Is this ordinance, and agreeing to all the teri
said franchise and right by said Gracey ka
er. and Moore, or any Of their future assigne
shall take effect, unless and until such
~. signees, respectively, shall execute and i'll
o' similar instrument with said City Clerk.
IS And 1T is further provided that no ASST
ba ment transfer of this ordinance or
. :. rights thereby granted shall be made by S;
us Gracey, Kaiser and Moore, their successors
he assigns, to any person, persons, or corpo
,e tion. without the express consent OF the
SIS Council first had and obtained
er SEcT1oN9 8. This ordinance shall take eff
va and be in force from and after the earli
re period allowed by law
nd Passed March IL 1896.
NJ S j. HATHAWAY,
n' President Pro TEN of the City Council
Attest: Carl, BECKER. City Clerk,