Courier Democrat. (Langdon, N.D.) 1891-1920, 1897-04-22

the supervision ana control or the SAID
City of Langdon. All holes or excava
tions for the erecting of line poles shall
be properly protected while open, shall
remain open no longer than necessary and
shall be 80 filled and repaired as to leave
the street or alley in as good q condition
as before the excavation was made.
SECTION 5. The said Paul Gardner, his
heirs, successors and assigns shall furnish
to the said city upon request, in such
location as the common council may
direct, arc lamps of two thousand candle
power each, lights to be 1T the most ap-
proved kind, and at such rates or tariff
as may be agreed upon between grantee
and said city not exceeding the sum of
eleven dollars per month per light, and
said grantee shall at all times keep said
lights in good order and do all needed re-
pairs. and shall further furnish to private
consumers subject to contract, business
lights at rates consistent with and not to
exceed the rates charged by other parties
for similar lights il, other cities of similar
size and location to that of Langdon and
shall at all times during the term OF this
grant furnish as high degree of light as
is furnished by the best approved ma
chinery in general use through the United
States in cities of similar size to that of
Langdon. Provided, however, that should
the lights be ont during lighting hours
owing to accidents to the machinery or
apparatus Of the said Paul Gardner, his
heirs, successors and assigns, then and
in that case they shall be liable for no
damages other than a proportionate re-
duction of the rever ue for the period the
lights remain SO out.
SECTION 6. The common council may
from time to time order additional lights
placed on the streets as they may direct
provided, however, that there shall be one
arc light or ten incandescentl lights, either
public or private or both for every one
thousand feet of wire required for such
extension.
SECTION Z. That said Paul Gardner,
his heirs, successors and assigns shall be
required to supply the existing demand
for electric light at all times.
SECTION 8. The failure of the said Paul
Gardner, his heirs, successors and as
signs, to run and operate said plant for
the period OF thirty consecutive days at
any time after the construction thereof,
shall be taken and deemed to work a for
fixture of all rights, privileges and fran
chise hereby granted, except the cause of
such failure be beyond the control of
said Grantee, his heirs, SUCCESSORS and
assigns. .t
SECTION 9. The construction of said
plant shall be commenced as soon as pos
slble after the acceptance of this ordi-
nance by saia grantee and such accep-
lance shall be made in writing and filed
in the Office of the city clerk within ten
days from the final passage of this ordi-
nance, and said plant shall be in opera
ton not later than August LIST 1897
SECTION 10. This ordinance shall take
effect and DO in force from and after it's
passage and approval by the mayor and
it's publication, which publication shall
be without expense to the city.
SECTION IL. This ordinance shall have
the effect of and be contract between
the City of Langdon and the said Paul
Gardner, his heirs. successors and as
signs and be the measure of the rights
and liabilities of the said Paul Gardner,
his heirs, successors and assigns.
SECTION IL Said grantee shall have
the exclusive right and privilege to con-
troll the erection and the operation and
business policy of said plant subject to
the foregoing provisions.
SECTION ID. It is hereby ordained that
at the expiration of five years from the
date of the going into effect of this or
dinance the city council shall have the
privilege of purchasing at a fair and re-
munerative valuation, the plant, machin-
cry and appliances used in the produce
ton and distribution of electric light
power and heat by the said Paul Gardner
his heirs, successors and assigns; but if
at the expiration of five years from the
date Of this ordinance, the city council
shall decide not to purchase the plant of
the said grantee, then, and in that case
it is hereby provided that this ordinance
shall remain in force for the full term OF
ten years from the date of it's gong into
effect.
Dated Langdon, N. d.. April 5, 1897.
F. E. B. MERCER,
Attest: Mayor.
O.C. WENTWORTH, City Auditor.