The Dickinson press., 1901-02-23
No. IL
AN ORDINANCE.

AN OKDlNANSE.
An ordinance granting certain privileges and
to its n ccres,rs and assigne, in relation to the
city Of Dickinson for the erection and operation
of an electric plant for lighting and other pnr-
Be It Ordained bv tn. CITY Council of tho City Of
Dickinson:
Ssa,lon l.. That pes'n,s-i'n is hereby granted
to Tae Hugh's Electric Comrnny and 10 irs sue
cessore and assigns in that behalf to enter upon
and construct an maintain and operate in.
through, over. under. and across any and all Of
and public places Of said city Of Dickinson, a
system Of poles, posts, condnits. pipes and main..
and wires, and all other necessary and usc'nl
and transmission OF electricity. rteam aud hot
water, and for furnishing the same TO consun-
ers. for the purpose of lighting and heating,
purposes for which electricity. steam and hot
water, produced by me ans of human agency Is
now or hereafter may be used, whether for the
thereof, or for any and all companies. corpora
tons, and persons in said city Of Dickinson, or
the suburbs thereof. And su.h permission is
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
quire during the period horein limited whether
within its corporate limits as now existing, or
tended 81 de- sa'e enl large q. Provided p"S ;ia1 thai hs,o such permits q IS
sion il granted SO ey upon the conditions. re-
strictions and limitations hereinafter set forth,
and not otherwise.
Section 2. In case of any change of grade of
any street or pavement in said city wherein or
upon. which any poles. posts or othor appliances
of said party or its SUCCESSORS o. assigns arc ret
or plnced. said party. its successors or assigns
shall do any necessary reIetting or replacing
of such poles, posts or appliances at its or their
such new grade. and whenever in that behalf
any of sa'd streets, alleys. highways, bridges,
approaches or public places shall be disturbed
about. or in connection with the doing of. any
OF The things herein and hereby permitted or
hereinafter to be permitted in that regard. they
shall be restored to their proper condition with
the least possible delay land should any default
In such matters be at any time made, BY, said
p fiicsSi so leS s iHei.ss Ssve or th ass'e fisis sa to do se,y any ~
n1eedfui work to restore such streets, alleys.
ghway bridges, approaches or public places,
to their proper condition and t%hereupon recover
from eaid party its successors or assigns: tho
cost OF any work done or materials furnished
therefor. And said pnrty, its successors or as
the said city of Dickinson harmless from any
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 account of any mat
ter or thing connected with such proposed .ys-
toms.
Section s.. Said party and its successors or
assigns shall nt any time and oil times after
said plant is placed and in operation. furnish to
said city Ct Dickinson for use in lighting its
buildings and public places, electric lights,
either arc. or incandescent, in such numrers
from tine to t n a require Rre'e and d 1asa cay and ha az
prices not 10 exceed those hereinafter named.
And when said city shall dosire or elect to have
or assigns, in addition to those herein provided
for, the connections from street wires into the
buildings and places SO to be lighted shall be
therefor by raid party its successors or assigns,
without any expense in that behalf to said city.
Section 4 Tho said party and it. successors
or assigns shall, during the life of this fran
chlse, furnish electric current to light the city
aud the city offices therein without cost to the
city.
Section $: All the rights, privileges and fran
clude the right to the use of the streets, alleys.
and az public places for the. purpose of CON.
stIuctlng, operating and maintaining in said
Section i. Said party is successors and u.s.
signs, shall, within ten days after tho passage
and approval hereof. or, if disapproved, within
its acceptance Of this resolution by, writing to
that effect, to be filed with tho city auditor,
ana and after the filing Of such acceptance this
said sstfe o, ts' q P piekiin !: sn's snd the Or ssiaa"' ;h e"s
granted shall be 81 The term Of ;Weu aty.tSie
years. subject, however, to all limitations herein
contained whether hereinbefore or hereafter rot
out.
Section Z. All post, poles and appliances set
or placed by said person his successors or assigns,
under provisions hereof in any of the streets,
son shall 30 set and placed in conformity with
and regulations Of said city in force at the tin
be enacted and al! work done in that behalf
shall be done to the satisfaction Of tho proper
authorities of said city and with regard to The
DnDIC COnvnnlpnra and snfpfv
Section g.. The said party its successors or
assigns shall extend said system of electric
the said city as the needs Of the public and the
patronage shall justify. And nothing therein
shall be construed as the granting or attempt;
person, Its successors or assigns.
Section 9. The maximum rate to be charged
by said corporation its successors or assigns, for
lights furnished consumers, either public or
private, shall never, during the life Of this
franchise, exceed the sum of Ten Q0l Dolla's
per month each for two Thousand candle power
arc lights for all night service, nor the sum of
One and 5000 $50 Dollars per month for all
night service for 16-candle power incandesccnt
light,; nor in case of service by meter, where
used by the consumer, the sum of Twenty (aDc)
cents per thousand watts.
Section 10. The SAID corporation hereinbefore
council Of the city Of Dickinson may ]c con
for and make regulations relating to the light
ing of said city with electric light in such man
generally such contracts il, re- alton thereto as
may be beneficial to the said respective parties.
Inca In case sn the e! said party, its successors Or as
son cannot agree on the price TO be charged for
electric light by said party. its successors or as.
t shfsn aib 5iiG@ e%e .6 1Gt a%s.d 1h 81 t i see di, 6s left to
persons to fix and determine eaid price. The
said party, its successors or assigns, shall, when
city, select one person to act as Arbitrator and
the city council of said city one person for such
purpose, and the two selected shall choose the
convenient dispatch, proceed 10 hear the proofs
and alegations Of the parties, and shall there
", upon name and fx 2 price by report in writing,
electric light: for such time as may be agreed
upon, and submitted to arbitration and not less
than one year; In case any Of the parties should
others, until arbitrators are found who will act;
be binding on both parties for the term. sub
mitted. During the pendsncy Of such arbitra-
ton the said party shall furnish electric light
amount fixed By, said alfbitisto9s. 'A''' w I
Section H.. The city Of Dickinson agrees to
take six arc lights for lighting the streets and
years. and to pay for each said lights the sum
81 ten dollars per month, payable monthly at
the said number Of said arc lamps and to sup
ply the current to light the same and keep said
ies% ao1i IN orders ISi Tb ana az. without noats 1RRe s e the city:
wv NSNSoo VA
assigns, shall have the right and power BY its or
thelr agents, Of in person, to enter any public
purpose OF examining the meter in said build
lations as may be established by said corpora,
ton, its successors or assigns, concerning the.
use OF meters in houses and buildings in said
city. >
Section. 10: If any party shall wilfully do or
cause to be done any act or acts, whatsoever, to
injure any machine, pipe. pole. wire inc or
structure whateoever, or anything pertaining to
the works of said party its successors or assigns,
erected, used. kept Or designated by them for
the purpose Of furnishing and supplying said
city or the citizens thereof with the electric
light, electric power or heat, whereby the same
may be ebstructed or in any way injured or
conviction thereof, before any court having
dred Dollars or imprisonment in the city or
both such fine and Imprisonment.
Section II. This ordinance shall take effect
and be in force from and after its passage and
approval and the acceptance hereof as herein.
before provided.
Passed January II, 1901.
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