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

property, for installing and maintaining
service service ana Placing any lmeter or meters
deposit or advance payment in excess OF
| 80, from persons other than owners of the
properly, at whose instance the service
is 1urnlshed, Which shall be repaid upon
removal of the meter<or discontinuance
| OF the service, except that the same NAV
be applied so far as may be necessary in
olscharse OF any unpaid bills for gas con-
Said grantee shall pay to the persons
making such deposits an annual interest of
per centum on the amount thereof. pay
able semi-annually, either in money or
by credit on the monthly bill for gas con-
sumed, due at the same time as such
interest. 9--~z.
If current monthly bills are not paid as
due by consumers, their service Amay be
discontinued until such bills are paid, but
SUCH unpaid bills, unless due from the
owner, shall not be'a charge against the
property, and no person not himself in ar
| rears, shall be denied service because of
any previous occupant of the same prem
Uses being IN arrears TO the grantee for
service therein. All service pipes from
street mains to the property connection
shall be provided and laid at the expense
of the grantee
Sec. q. Said grantee shall at all times
be and remain separate and apart from.
and entirely Independent of, any and all
competing companies corporations and
individuals that may hereafter be en-
Il ".
and shaH not In any manner consolidate
or pool its stock business or interests or
make any division of business or terri
tory with any thereof, neither shall said
grantee ever acquire, own, make use of,
or in any manner exercise any of the
rights, privileges, or franchises, or use,
own, control Or operate any of the prop
erty, works, plant or appliances of any
such other company, corporation, or in
dividual
No sale, assignment, transfer, lease or
other disposition of any of the rights,
privileges or franchises hereby granted,
shall ever be made without the consent
Of the common council of the city first
had and obtained by not less than two
thirds vote of all members elect of each
body thereof.
To Revert to City at Lapse of Franchise.
Sec. o. This ordinance is enacted and
accepted upon the express condition tina
if the city does not exercise its privilege
OF purchasing the entire property of the
grantee as hereinbefore provided, then It
the expira ton of this franchise, whether
by lapse OF time, forfeiture, surrender or
any other cause, all pipes, tunnels. con-
QUITS, lamp posts, and their equipment,
construction, equipment and appliances in
any of the streets, lanes, alleys, parks and
public grounds of the city, owned, in use
or maintained by said grantee it's sue
cessors or assigns, while in the exercise
OF any OF the rights, privileges or fran
chIseS by this ordinance, granted or con-
ferred, shall forthwith revert to and be-
come the absolute and sole property of
the city, free and clear of any other right,
claim, lien, membranes or charge what
soever, and the city<shall have immediate
possession thereof, and said grantee, its
successors and assigns shall not do any
act or suffer any act to be done to de-
feet or impair the benefits to accrue to
the city under this section, on penalty
of immediate forfeftures of this franchise;
provided that withffiS six months after
the termination of this franchise and the
fixing of the value thereof as here pro-
vided. the city shall and will compensate
the grantee for such pipes, tunnels, con-
Quits and lamp posts as are in place and
in proper repair and condition for USE
and which have been laid, constructed
and erected under orders and directions
of the common council, or upon petition
as provided for in sections sixteen Q6)
and seventeen CD hereof, within Pc
Rod of ten years prior to the termina-
tion of this franchise, but this shall not
include repairs to, or replacement OF, pre-
vious and older original construction,
which may be made within said ten-year
period.
Such compensation shall be made upon
the basis of the then actual value of the
structural material used in the laying,
construction and erection of said pipes,
tunnels, conduitS and lamp posts in the
actual condition in which they are found,
taking into account all damage from pre-
vious use or other causes, together with
the value of the necessary labor to lay,
construct and erect the same; the amount
of such compensation to be ascertained
and determined by arbitration in like
manner as provided for in section nine
teen Q9) hereof, and when said compen-
Sation is SO aScertaine0, the amount
thereof shall be a general charge against
the city and shall bear interest at the
rate of per cent per annum from the
expiration of this franchise until paid.
Sec %. Nothing in this ordinance con-
tanned shall impose any obligation or liza
bility whatever upon the city. other than
70 <a1V 20 q q n n
prices for the actual amount of gas fur
nished to and consumed by the city for
public purposes, and any and all alleged
liability of the city for the payment of
any interest charge by reason of the pro-
visions of section nine of chapter fifty
three of the laws of Minnesota for the
dinance forever waived, Cancelled and
abolished.
Supersede All Previous Grants.
effect or be in force unless within ninety
days after it's passage said grantee, and
its subsidiary companies, viz: The Edi-
son ELECTRIC Light and Power company;
The East Side Electric company; The
Economy Steam Heat company, and the
st. Paul Electric Manufacturing and Con-
struction company, all of which hold or
claim some rights or authority, hereto
fore granted by the city, to use of GER
tain streets, alleys and public grounds Of
the city for the conveyance of electric
current Tor the purposes, OF neat, l1ght ana
city and file with the comptroller in such
form as may be approved by the common
council and corporation attorney, an
agreement and declaration that whatever
rights, privileges or franchises, If any,
they, or either of them, have or hold by
virtue of any of said previous grants Of
the city, shall each and all henceforth
be so held and exercised solely under
and subject to the present charter of the
city and all conditions, obligations and
limitations therein contained, including
the payment of a 5 per cent gross earn.
each and all agree to make new extern
sions and furnish additional electrical
service to the city and it's Inhabitants,
to the same extent and under similar con-
ditions as are provided for in sections
sixteen (16) and seventeen I'D of this or
dinance relating to gas service, provided
required to duplicate extensions or serv-
ice unon any street or If said grantee