Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1901-10-16
ORDINANCE NO so.

over OF unuer all the streets. alleys, avenues,
and thoroughfares thereof. poles wires and sll
other appliances and conductors for the trans
mission OF electricity for electric lighting pur-
poses.
Be il ordained by the council OF the-city Of
RitZville, Washington
Section Il. The right and privilege is hereby
granted TO c. o. Greene. and his assigns. to
erect or lay, maintain and operate in the city
OF Ritzvile, Washington, and in, upon over or
under, all the streets, alleys, avenues, and
ihoronghiares thereof, any and all poles. wires
and other appliances and conductors for the
transmission OF electricity for electric lighting
purposes;
Provided. however, that this franchise shall
not be construed ms interfering in any manner
with any prior vested right acquired by any
person or persons for the use of any street.
alley or thoroughfare, for the transmission OF
electricity for lighting for his OR their own
trivate use within said city. Such wires
or conductors may be strung upon poles or
other fixtures above ground, or laid under
ground in p pes, conduits, or otherwise safely
protected conductors, and such other appara-
tus may be used and maintained us may be
necessary, conducive or proper TO operate ana
maintain the saiae;
Provided, however, that said C. 0. Greene, or
his assigns, shall erect and maintain the said
apparatus so as to prevent accident or damage
TO travellers and pedestrians and all Others
using said streets and alleys or other thorough.
fares, and the city of Ritzviile shall never be
held as liable for damages for any accident or
injury, in damages, caused directly or indi-
rectly, by the use and occupation OF said
streets and alleys or other thoroug hfares of the
Z.
assigns, or by reason OF any defect in the ap
paratus that may be hereafter erected main
tanned or operated in, upon, under or over any
such street, avenue or niley, or other thorough
fare OF said city by said G.. Greene, or his
assigns.
Section 2. 1t shall be lawful for the said C 20,
Greene, or his assigns to make any and all
ncedful and necessary excavations in any of
the said streets, alleys, avenues or thorough
fares in said city OF Eiizville, for the purpose
of erecting and maintaining poles or other
aforesaid, ut such places us may be designated
by the proper city authorities.
Section 3. Whenever the said C. o. Greene
Or his assigns, shall disturb any Of the said
streets. alleys or avenues for the purposes
aforesaid, he or they, shall restore the same to
good order and condition us soon as practical
and without any unnecessary delay and fail
ing so to do, the city council Of the city of
Ritzytlle shall have the right of fixing, by
resolution, u reasonable time within which
such repairs and restoration of streets, alleys
or avenues shat, be completed, and upon fail
ufe by said G. o. Greene, or his assigus to
comply with any such resolution, or TO make
such repairs within the required time, the city
of Ritzyille shall cause said repairs 10 be made
at the expense OF the said G. o. Greene, or his
assigns together with costs of collecting same.
Section 4. Nothing in this ordinance con
tanned shall be construed to in any manner
prevent the proper authorities OF the said city
OF Ritzyilie, from constructing or excavating
sewers, paving, or grading on any of the streets
alleys or avenues, or altering or repairing the
same, put any and all of such work shall be
e,
or prevent, the tree use of the poles, wires,
conductors, conduits, or pipes, or other appa- /
Tatus herefnbefore mentioned.
Section .. In consideration of the rights
herein granted the said c. o. Greene or his
assigns, shall pay all costs for the publication
OF mis- ordinance, and the city OF Ritzville
snail have the right to suspend upon the poles
or place within the conduits, placed by the
said C. o. Greene, his assigns, in the streets
alleys, avenues or thoroIghfares aforesaid, any
and all wires which 1t may requireior fire
tClpDlOnp. pOlipp mr. tp nh plIr
poses.
Section 6, The rights, privileges and fran
chises herein granted shall continue and be in
force and effect for a period of twenty-five
years, commencing from the date of the pas
sage OF this ordinance;
Provided, That the snid G. 0 Greene, or his
assigns, shall agree and covenant to and with
the said city OF Rtzyillc and shall perform and
iulhll all and singular the same, as follows,
towit: That Qst) the city OF Ritzville shall be
furnished Tor II term OF five years from Deccm-
Der 3lst 1901 not less than eighties street lam
OF ten-arc capacity 1900 candle power at u price
of not to exceed ten dollars per light per
month, to burn MI night, and for each ten-arc
light III excess OF ten, to be furnished said city
Oh kltzville at a price of not to exceed 81 for
each such additional light; and for ali street
run under moonlight schedule, to be furnished
said city OF Ritzvilie at prize of not to exceed
IS per month per light, and for all ten.arc
lights furnished under moonlight schedule in
excess of ten, to be furnished at price of not
to exceed IS per month per light for each id
ditional light;
Provided, That the city OF Ritzvilre shall
have the right to, at any time have said arc
lights tested and If the same or any OF said
are lights prove 10 supply less than 100 candle
power capacity, that a proportionate part OF
the current monthly bill for same shall be de-
Quoted and the city OF Ritzyiie may also at
It's option declare forfeited its contract with
said e. o. Greene, or his assigns for such light
ing;
Provided also, that no greater price per light
shall be charged said city of Ritzville after the
expiration Of said fl ge year contract than dur
ing said five year contract by said G. .. Greene
or his assigns;
assigns, covenant and agree to and with the
said city of Ritzville that at any time after
five years the said city of RtZville Shall have
the right to purchase said electric lighting
plant and system after at least sixty days no
tice at price to be fixed by IL board of arbtra-
ton to be constituted MS follows: The said g.
o. Greene, or his assigns, shall choose and up
point three arbitratoIs, the city OF Kitzvil.e
shall appoint three artitrators, and the judge
OF the superior court OF Adams county shall
constitute the remaining member uf said
board OF arbitration and their decision shu 4
be final as TO the price to be paid, the said co.
Greene, or his assigns agreeing to keep and
materials OF supplies purchased for said pl.nt
and system.
Third, Ii said c. 0. Greene, or his assigns,
shall fall 10 furnish the lights contracted to DC
furni. he'd as aforesaid for period OF three or
more nights when the same should be mrn ish- !
ed the pioportionate part OF the monthly bill
for such lights sha be deducted.
Sc ;tion Z. No other franchise for the same
purposes shall be granted 10 any other person /
or persons corporation or corporations within
five years from date OF passage hereof, and if
any other franchise be granted after the expi.
ration of sald five years and within Ave years
thereafter provision shall be made that either
the city of lttzyllie, or the subsequent grantee
OF such Il franchise shall purchase the plant
and system OF said G. o. Greene. or his assigns,
according to the terms and provisions provid-
ed in Section hereof
Provided That said G.. o. Greene, or his as
signs, shall in the event Il city hall be built by
said city Of Ritzyile furnish not to exceed six
III candle power lights TO light same free OF
cost during the term of this franchise.
Section s. Said e.. Greene, or his assigns
shall have said plant and system of electric
lighting in operation on or before the 3lst day
Of December, 1901 unless unavoidably pre-
vented by other than his or their own act,
omission or negligence, otherwise this fran
chse shall be void.
Section 9. This ordinance shall be in force
and effect from aud after its passage and pub
licatiJu
introduced. October l. 1901.
Passed second reading October Is, 1901.
- Rules suspended, read third time and passed
October l5, 1871, and ordered published in
ADAMS CoUSTY NEIs.
Published October lG. 1901.
Attest: ". k. PETERS, Mayor.
E. d. ellison, Clerk. [sEALl
NOTICE ron DIFnT II ATTnN