The Dickinson press., 1901-02-16
~
AN ORDINANCE.

Be it Ordained by the City Council of the City Of
Section /. That permission is hereby granted
to Tue Hughes Electric Company and to it's sue.
cessors and assigns in that behalf to enter upon
and construct an maintain and operate in,
through, over, under, and across any and all OF
the streets. alleys, highways, bridges. approaches
and public places Of raid city OF Dickinson, q
system OF poles, posts, condui's, pipes and ma'n-,
and wires, and all other noressary aud us:inl
up linnces for the manufacture, production, use
and transmission of electricity. rteam aud hot
water, and for furnishing the same 10 consnm-
ers; for the purpose of lighting and heating,
motive power, cooking, and for any and all other
purposes for which electricity, steam and hot
water, produced by MEMS of human agency Is
now or hereafter may be used, whether for the
use of said city or any or all of the inhabitants
thereof, or for any and all companies, corpora
tions, and persons in said city Of Dickinson, or
he 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 well also to
any and oil such as said city may hereafter &C.
quire during the period herein limited whether
within its corporate limits as now existing, or
as the same may at any time herea.ts ser be ex-
tended or enlarged, provided that such permits
'strictions and limitations hereinafter set forth,
Section =. In case of any change of grade of
any street or pavement in said city wherein or
upon, which any poles. posts or other Appliances
of said party or its successors or assigns arc ret
or placed, said party. its successors or assigns
shall do any necessary re.setting or replacing
OF such poles, posts or appliances at its or their
such new grade, and whenever in thut b:hulf
any of sa'd streets, alleys, highways, bridges,
approaches or public placrs shall DO disturbed
about. or in connection with the doing of any
OF the things herein and hereby permitted or
hereinaftor to BE- permitted in that regard. they
the least possible delay ;and should any default
In such matters be at any time made by said
party, or its successors or assigns, said city #
Dickinson shall have the right to do amy
ne, dfui work to restore such streets, alleys,
avs, bridges. approaches or public places,
70 their proper cun.iltlOn and theroupohr recover
cosl of any work d NE q. materials furnished
illereior. ;A',d sal ,.:rt,, Its sucressuis or as-
signs. sha at any aud al times sav. and keep
the said CT y OF Dickinson hurm .ess from any
and ali damages, cot or expenses i'll any way
arising. or to arise from or growing out Of any
action proceeding brought by any person, firm.
TENS.
section g.: Said party and its successors or
said plant is placed ind in operation, furnish to
said city OF Dickinson for use in lighting its
streets and for lighting any and oil Of It's
either arc or incandescent, in such mum ers
and at such points and places as said city may,
from time to time, require aud need, aud at
And when said city shall desire or elect to have
any lights furnished by said party it's successors
or assigns, in addition to those herein provided
buildings ind places 80 to be lighted shall be
made, including the furnishing Of materials
therefor by sa,d party its successors or assigns,
without any expense in that behalf to said city.
Section 4. The said party and it. SUCCESSORS
OF assigns shall, during the life Of. this fran
hall and engine houses Of the city Of Dickinson
aud the city offices therein without cost to tho
city.
chises herein granted shall extend TO and in
clude the right to the use of the streets, alleys.
and all public places for tho purpose of CON
structing, operating and maintaining in said
city a telephone system and rervlcc.
section .. Said party, It's successors and u.s.
eignr, shall, within ten days after the passage
ten days after the final passage hereof signify
Its acceptance OF this resolution by writing to
that effect, to be filed with the city auditor,
ordinance shall be and constitute a contract BE-
tween said party, 1t successors or assigns. aud
said city Of Dickinson, and the duration there
granted shall be Of the term of Twenty-Five
years. subject, however, to all limitations herein
contained whether hereinbefore or hereafter Get
out.
Section Z. al! post, poles and appliances set
or placed by said person his successors or assign,
under provisions hereof in any of the streets,
alleys and public places of said city Of DIckin.
son shall be ket aud placed in conformity with
the provisions of any and all ordinances, rules
and regulations OF said city in force al the time
be enacted and al! work done III that behalf
shall be done to the satisfaction of the proper
authorities of said city and with regard to The
public convenience and safety.
Section T.. The said party Its successors or
assigns shall extend said system of electric
lighting AZ rapidly aud in and to such parts of
patronage shall Justify. And nothing therein
shall be construed Us the granting or altempt-
ing 10 grant OF any exclusive privilege to said
person, It's successors or assigns.
Section Y. The maximum rate 10 be charged
,6y said. corporation its successors or assigns, for
lights furnished consumers, either public OF
f Rsancssi ss ssees RGS 'hs' s ann'a e I'm Tn h us, S Sf ;als
per month each for two thousand candle power
arc lights fol- all night service, nor The sum of
night service for l6-candle power incandescenI
lights; nor in case of service By. meier, where
used by the consumer, the sum of Twenty (AlcJ
cents per Thousand watts.
Section 10. The said corporation hsreinbe,ore
named, lts successors or assigns, aud the city
council of the city of Dickinson may contract
i iorr ana a. make regllations relating to the light
ner 10 may be agreed upon, aud they may make
generally such contracts in re- alton thereto US
may be beneiicla! to the said respective parties.
In case tho said party, Its successors OF. as
signs, and the city council OF the city of Dickin-
son cannot agree On the price 10 be charged for
eiec.rlc iighs ~ sald party. it, successors or as
IISc ~t~D 800 ~ oAosA no So1t ~
the arbltratioh' and award of three dlslnterested
persons to fl, and determine said price, The
s ever Rssiys u.s. Sc sa y ds!6g , o. . n,s , sh:fi, when;
city, select one person to act as arbitrator and
the city council OF said city one person for such
PURPOSE IS;l% g.. and 1T. the to selected shall choose the
convenient dispatchl, proceed 10 hear the proofs
and allsgations OF the parues, and shall there /
upon name and tx 2 price BY report IN writing,
electric light Tor such time as maj be sereed
upon, and submitted to arbitrataon and not 1eSs
than one year: In case any OF the parties should !
the person who declines may. select another OF
Others, until arbitrators IRE found who will act:
and the DETERMINATION of such arbitrators shall |
be binding on both psrties for the term sub
mltted. During the pendancy of such arbitra.
ton the said party shall furnish electric light I
and receive as compensation therefor the I
Section II. The city Of Dickinson agrees tn
take six arc lights for lighting the streets and |
pubic places IN s.id city for The period of five
Of ten dollars per month, payable monthly at ]
the end of each month and the said colDorr,
uon, Ats successors or assigns, agrees to tur.,,sS
ply the current to light the same and ka.n sesHid
lamps IN orders and without expense to ha' civ.
Section ~: The said party, It's suposssors ~
their agents, Or in person, to entSr, TShy n ass or
or private building or house in SAD cittyy ~ paH s1c
purpose of examining the metsf' IA said S,,i. Ie
.1"6S =" oSSoA0o4co W4tA buCn f68tODHhio rou, |
!auons as may be established BY haid co- 1eSu-
ton, its successors or iasslsna, concsrnin1 ths
city. 1nss IN saa0.
Section. la II any party shall vilfuuv \,
cause 70 ne done any act or acts, whatsoeveT. " VI
anlure any machine, pipe, pole, wire ina ~
sSructufe whatsoever, or anything bertainin. =
tne works OF said party its success0rso or ass;ssto
tb used. Kept or designated BY them MS
me purpose of furnishing and supnlvinn I2g
CITY or the citizens thereof with The sA!d
ngnt, electric power or heat, whereby ~ aSSsc
may be obstructed or in any way mi E1SsaMe
damaged, the persons 30 otfendius mSSEe4 OF
conviction thereof, before any nhn HdxXi upon
9nrlsdlctton, be fined uot more thsS 9tn,i na laying
asea Dollars or imprisonment Is the c;. nun
county Jall not to exceed 4ilety iavs Guy or
DoIn such nne and Imprisonment. ~s''' or by
section II. This ord,nHhceIs hai, 4.,
ana nal De IN force from and after its ps esne effect
before provided. A'heot as herein
Passed January IA, 1901.
approved January q, 1907
DAN MANNING.
Attest l?:'a''' Aas''
Up. H1ss1r,
CITY Aue.ii tor. saIs