The Dickinson press., 1901-02-09
IL,
AN ORDINANCE.

AN
fra AM Sia,1 q sSs sI Hashess S ssssa.H ecs,n,I p s sn,1
to its successors and assigns, In relation to re
use Of the streets, alleys and public places in
of an electric plant for lighting and other pr :
B. i n-d.ined by tn. City Council of tho City o
8. uyn /. That permission is hereby gran, d
to The Hughes Electric Company and to lis su.
cessors and assigns in that behalf t, sn'er up u
aud construct an maintain and operate III.
through, over, under. and across any and iii 81
the streets. alleys. highway, brid trs. approach :,
and public places Of said city OF Dickinson, y
and wires, and ali other necess.ry aud ns.,n.
ap ,liances for the manufacture, proau ction ~.
and transmission of electricity. steam u,.l IL,
water e. ana ~ TOR rn furnishing the same 70 con;n;n'
motive power, cooking, and for any and all Other
purposes for which electricity. steam and lot
water, produced by means of human agency il
now or hereafter may be used, whether for tho
use OF said city or any or all OF the inhabitan.r
thereof, or for any and all companies. corpora
lions, and persons in said city Of Dickinson, or
ne eby made to extend to all streets, alloys.
highways and public places in and of said city
now owned or controlled by it and in which it
has any interest whatever, and as we'll also to
any and all such as said city may hereafter nc
quire during the period herein limited. whetl,,r
WITHIN Its corporate limits rs now existing, or
No thuy az H. III uoiCbt t:T Uo CA-
tendedo or enlarged, provided that such permits
sion is granted so,cy upon tho condition.. re-
strictions and limitations hereinafter set forth,
and not otherwise.
Section 2. In case OF any chnnge OF grade uf
any street or pavement III said city VII rem or
upon which any poles, posts or other app ianc $
or SAID party. or Its successors or assigns arc srt
or PLACED, said party. its SUCCESSORS or assigns
shall do any necessary re.setting or re-l,lacing
OF such poles, posts or appliances at its or their
sole cost and expense and SO as to conform to
such new grade, and whenever in tlnt b h,If
any of said streets, alleys. highways. bridges,
approaches or public pIac IS shall be disturbed
about, or in connection with tho doing Of any
Of the things herein aud hereby permitted or
hereinafter to bs permitted in that regard. tbs
shall be restored to their proper condition witt,
the least possible delay and should any default
IN such matters DO at any time made by said
purity, or Its successors or assigns, said city If
Dlckinson shall have the right to do any
needful work to restore such streets, alleys,
bridges, approaches or public places,
TO their proper condition and theroupon recover
rom sald party, Its successors or assigns. tho
cost OF any work done or materials furnished
THEREFOR. AND said party, its successors or as
signs. shall ut any and all times save and keen
the said city OF Dickinson harmless from my
and all damages, cost or expenses in any way
arising, or to arise from or growing out of any
action proceeding brought by any person, firm,
company or corporation on a%ccounto of any mat
ter or thing connected with such proposed sys.
TENS.
section g.: Suid party md it's SUCCESSORS q,
assigns shall ut any time and all times ate
saiG pant Is placed und in operations, furnish a
said city OF Dickinson for use in lighting its
streets and for lighting any and ali Of lts
buildings and pubic places, electric lights,
either arc or incandescent, in such num-, ers
and ut such points and places as said city may.
from tine to time, require aud need, and nt
prices not 10 exceed those hereinafter named.
and when said city shall desire or eloct to have
any lights furnished by said party its Successors
or assigns, in addition to those herein provided
Tor, the connections from street wires into the,
nnln1nDA and nInNns q n $, HI s-1A II ~, -
made, including tho furnishing Of muteriats
therefor by sald party its SUCCESSORS or assigps.
at ne cole cost and expense of the latter, and
without any expense in that behalf to said ctr.
Section 4. Tho said purity and it. SUCCESSORS
or assigns shall, during the life OF this fran.
Shlse, furnish electric current to light The city
mall ana engine houses of the city OF Dickinson
aud the city offices therein without cost to tho
city. "0
Section S: All the rights, privileges and fran
clude the right to tho use of the streets, alleys.
and al pubic places for the purpose of COM
structing, operating and maintaining in said
Section i. Said party its successors and u.s.
eigns, Shall, within ten days after the passage
and apptoya! hereof, or, if disapproved, withn
zen DAYS after the final passage hereof, signify
mat effect, to be filed with the city auditor,
and after the filing of such acceptance This
ordinance shall! be und constitute u contract be-
Tween t%;a SAID party. 1t successors or assigns, and
SAID city OF Dickinson, and the duration there
of and of thu privileges and franchises hereby
granted snail be OF the term 0f twenty-five
Sears, subject. however, to all limitations herein
contained whether hereinbefore or hereafter set
out.
Section7. AL! post, poles and appliances set
or placed by said person his SUCCESSORS or assigns,
under provisions horcof in uny of the streels'
alleys and public places OF saul city OF Dlckin-
son shall be get and placed in conformity with
the provisions of any and all ordinances, rules
and regulations OF said city in forcc III thu time
thereof, whether now enacted or hereafter TO
be enacted und al! work done in that behal:
shall be done to the satisfaction of tho proper
authorities of said city and with regard to lie
public convenience and safety.
section .. The said party its SUCCESSORS or
lighting az rapidly aud in and to such parts Of
the said city US the needs of the pubic and the
patronage shall Justify. and nothing theron
shall be construed as tho granting or atteulpe-
ing 10 grant oil any exclusive privilege to sud
person, its successors or assigns.
Sections .. The maximum rate to be CHARGED
lights furnished consumers, either public or
private, shall never, during the life of this
franchise, exceed the sum Of Ten (lW Dollars
per month each for two thousand candle power
arc lights for all night service, nor the sum Of
One and 5000 1.bU Dollars per month for ali
night service for 16-candle incandescent
lights; nor in case of service by meter, where
used by the consumer, the sum Of Twenty faJcl
cents per thousand watts.
Section 10. The SAID corporation hsreinbefore
named, Its SUCCESSORS or assigns, aud the clrv
council Of the city Of Dickinson may Contract
for and make regulations relating to the llQht-
ing Of said city with electric light in such mar
ner % may be agreed upon, aud they may make
generally such contracts in re' alton thereto ns
MAJ BIZ beneicla! to the said respective parties.
In case the said party. It's successors OF as.
STEMS : and the city council Of the city Of Diekin-
electric light BY SAID party. its successors or as
signs, from time to time, then it shall be left to
the arbitration and award of three dislnterested
persons to fl and determine said price. The
said party, its successors or assigns, shall, when.
ever notified 60 10 do BY the city council Of said
CITY, select one person TO act as arbitrator and
purpose. and the two selected shall choose the
third; and said three persons shall, with all
convenient dispatch, proceed 10 hear the proofs
and sllegations OF the parties, and shall there.
upon name and liz . price by report in. writing,
which shall be paid BY said city for the use OF
electric light Tor such time .as may be agreed
than one year. In case any OF the parties should
decline or neglect to act, the parties selecting
the person. VINO declines may. select another Or
others, until arbitrators sre found who will act
and the determination OF such arbitrators shall
be binding on both parties for the term sub
mitted. During the pendancy Of such arbitra-
ton the said party shall furnish electric li9h,
and receive. as compensation therefor the
amount fixed By, said arbitr ators.
Section IL. The city OF Dickinson agrees to
pubic places IN said city. for the period Of i've
years, and to pay for each said lights the sum
Of ten dollars per month. payable monthly at
~ = = SoVA "OAuA dAO VA0 b2lU CORPORA
uon, its successors or assigns, agrees to furnish
the said number of said arc lamps and to sup
ply the current to light the same and keep SAID
lamps in orders and without expense to the cily,
siSectiOn H.. The said party, It's successors or
assigns, shall have the right and power BY its or
their agents, or III person, to enter any public
or private building. or house in said city for the
purpose of examining the meter in said build
ing, in accordance with such reasonable rem.
lations as may be established by said CORPORA.
ton, Its successors or asslgns, concerning the
use OF meters IN lOuB6R And hnI0nIpuo IN ,.:J
city. ~
section. 49, If any party shall wilfully do or
cause to be done any act or acts, whatsoever. to
lDJure any machine. pipe, pole, wire inc ~
structure whatsoever, or anything pertaininp ~
the works of said party its successors or assiSn w
erected, used, kept or designated by them -,
the purpose OF Diminishing and SUPPLYING ~
city or the citizens thereof with the electr;c
light, electric power or heat, whereby the samo
may be 'obstructed or in any way iniuraI ne
damaged, the persons 80 offending NAV. ,,no W
conviction thereof, before any CONT hou!oon1
!nrisdlction, be lined not more than One Hum.
dred Doilars or imprisonment in the citv -
county jail not TO- exceed ninety DAYS. ~ III =.
both such lin and imprisonment. ny
ttSection II. This ordinance shall +oLa g.,
and be in force from and after its nsaaaas eneci
approval and the acceptance hereof ss ke. amo
before provided. uere1u'
Passed January IA, 1901.
Approved January q. 1871.
IT, L ~ r Ef H.r- ST. a. H# L.