The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-10-15


posts with all proper connections, service
pipes and equipment, upon the streets
lanes, avenues, bridges, parks and public
grounds OF the city, as it shall deen deem
mains, for the furnishing of public light
ing, and when they are so erected. they
shall be devoted to that use so long as
such lighting is necessary, or until they
are displaced by other street lights of the
same or a different kind.
All orders and directions of the com
mon council relative to the matters EN-
braced in this section shall be promptly
obeyed by the grantee, and all extensions
of mains and erection and equipment Of
lamp posts so ordered shall be so fur
n1Shed, laid, erected and completed, ready
for use, within three months after sucf
orders are given by the common council
The common council shall also have the
right at any time to order and require the
immediate repair or replacement of any
pipes, tunnels, conduits or lamp posts thai
become for any reason in an unfit or dan
gerous condition for use.
File Statement of Cost of Extensions.
Sec. 10. That within thirty days after
said grantee shall hereafter cause any ex-
tension or betterment of its plant to bC
made in the way of laying any kind OF
pipes or conduits, or constructing tunnels
or erecting and equipping lamp posts (anG
including all of the same herein provided
lori and as often as the same occurs, Il
shall make out and file with the commits
sioner of public works a full and complete
1tem1zed statement and report thereof
which shall be verified by an officer of the
grantee having personal knowledge of the
facts, stating the location and showing ir
detail the kinds, quantities and actual cost
OF all materials used therein together with
detailed statement of the amount and
actual cost of all labor employed in max
ing each particular improvement and al
other items of cost and expense involved
therein, and any willfully false or grossly
inaccurate statement therein shall be suf-
ficient cause for FORGETTING all rights an6
privileges by this ordinance granted OF
conferred.
At the time of fling said reports the
commissioner OF public works shall thor
Oughly investigate the accuracy thereof
in all particulars and certify thereon as
to the accuracy or inaccuracy Of the
same, and if found to be Inaccurate, Their
he shall certify to the facts as he finds
them to exist, and he shall file and pre-
serve said reports and certificate as pub
lie records Of his office.
City May Buy Plant After 1912.
Sec. 10. The city reserves and shall
have the right, at its election, to purchase
all the pipes, tunnels, conduits, lamp
posts and the complete gas works of the
grantee, with all appliances and equip
ment Qncluding the necessary real estate
used in connection therewith), which are
authorized to be laid, constructed, erect
ed, maintained Or used in the city under
the terms of this ordinance at any time
after January l. 1872 at a sum or amount
uOC SAC66QlIlS the dcCudl structural value
thereof at the time of such purchase ex-
cept that real estate involved shall be
taken at its then fair market value, ex-
elusive of improvements, which are to be
considered part of the gas plant, and In
case of such purchase the grantee shall
not be entitled to compensation on &C
count of any franchise or privilege, Or on
account of any rights or privileges grant
ed to it under this ordinance.
The city and said grantee, its successors
or assigns, falling to agree upon such pur-
chase price within the period of thirty
days after the common council shall by
resolution notify the grantee of the inten-
ton of the city to ascertain such purchase
price. with view to making such pur-
chase. the aforesaid value of said entire
property shall be ascertained by arbitra~
ton, the city by its common council to
select two arbitrators the said grantee,
its successors or assigns, to select two,
the same to be selected within ten days
after the expiration of said thirty day
period, and these falling to agree for a
period of thirty days shall select a fifth
disinterested arbitrator, and the decision
Of a majority of said full board of arbi-
tration shall be final and conclusive
If said grantee, its successors or as
signs SHAH for any reason fail or refuse
to appoint either or both of the arbitra-
tors by them to be appointed within the
time aforesaid, or if said four arbitrators
fail to agree on the question of price and
snall also fail Or refuse for the period
OF five days after the duty devolves upon
them, to select fifth arbitrator, then
and in either such event a majority of
the district judges of Ramsey county
shall fill the vacancies or vacancy on said
board of arbitration, upon application OF
the city by giving the grantee two days
lected as hereinbefore provided
Said board of arbitration shall com
plete Its duties and deliver to each party
a written copy of its findings, appraisal
and conclusions within thirty days after
the appointment Of the fifth member
IL no fifth member is required.
May Ask Court to AppraIse Value.
If for any reason such arbitration should
be unava1lng, then the city may by action
In the district court of Ramsey county
nave such value and purchase price ascer-
famed and determined upon the basis
aforesaid, with like effect as by arbitra
ton.
Nothing herein, however. nor in sub
uniting the question of price to arbitra-
ton, or having the same ascertained in
court. shall bind the city to purcha Sc
hereunder at the, price so fixed, unless
said city shall thereafter so elect and
If 1t does SO elect it shall have one wear
after the ascertainment of the price in
winch to make payment thereof, and I'M
III such payment is made the grantee
shall retain possession of said property.
but when such price is paid the city shall
take absolute title to ali of said property.
free OF any and all incumbrance and the
grantees rights and privileges hereunder
shaH cease and terminate, and this ordi-
nance shall stand as revoked and repealed
from and after such date
refusal by the city to purchase at the
price so fixed as aforesaid shall not de-
prlve it of the right to again take steps
to acquire such property in the same man
ner, but the city will not attempt to ex-
ercise its rights in this behalf oftener
than once in each five years.
If the city purchase said property here
under. the expense of ascertaining the
purchase price shall be divided equally be-
tween the city and the grantee, but if the
city, after such ascertainment. refuses to
purchase, it shall bear the whole expense
thereof.
Per Cent on Meter Deposits.
Sec. 20. Said grantee shall not require
or receive any deposit or advance pay
ment from the owner of any building OF