The Greeley tribune., 1904-07-21
Be II Ordained By the City Council o.
the City of Greeley, Colorado;

Section l. There is hereby granted
unto George j. Spear, his heirs and
assigns for period of twenty years after
the date hereof, subject 10 the llmlta'
tions of the statutes of the state in that
behalf, the right TO acquire, construct
and operate in the City of Greeley, Colo
rado, an electric light, power and heat
ing plant or system. and 10 that end the
rights and privileges hereby granted to
erect and maintain poles with cross arms
with wires thereon, and underground
conGuits and pipes, and all appliances
necessary, proper and convenient for
the distribution of electricity for light
and power and heat. along, over and
accrcss and under all streets and alleys
not including parks. within said city and
all additions thereto, subject always to
the terms. conditions aud stipulatious
and each of them in this ordinance cou
tanned.
Sec. II. The rights. privileges and
franchises granted by Section One ll) OF
this ordinance are subject to the follow
ing terms, conditions, stipula,ious and
agreements, to-wtt;
ta All poles used for SAID plant
shall be of good material, straight and
smooth, and within the fire limits shall
not be less than SIX inches at the small
end. and t.ose elsewhere shall not be
less than four inches at the small end
All wires and appliances placed upon
poles within the fire limits shall be
placed not less than twenty feet ;.buv.
the surface of the ground. All poles
placed in streets shall be placed at tn,
outer edge of the sidewalk, all poles
placed in the alleys shall be placed al
the side of the alleys opposite the lot
lines. No poles shall be SO placed as TO
interfere with the proper or necessary
use of any street or alley, or driveway OF
entrance into private grounds. or any
hydrant. sewer. water-pipe. irrigating
ditch or culvert, or the poles of any per
son or corporation heretofore erected.
All poles and appliances and wires snail
be kept III good repair, so a. not to inter.
fere with any other wires or lnjure OF
damage any property. When the NOV
ing of any buildings requires that any
wires be cut, said Spear and his associ
ates agree to cut the same at their own
expense, upon ten nours notice, and if be
or they fail to do SO the party desiring
to have them cut may cut them without
liability to the owner thereof.
(b) ALI pipes for transmitting heat
shall be SO laid as not to interfere with
any sewer, water-pipe or other under
ground appliance, and likewise all un.
derground conduits. When laid all
streets shall be restored to as good con
dtion as prior thereto including gravel
ing and paving if any. If at any time
any other person or corporation is re-
quired or does place its wires in under.
ground conduits. then within one year
the wires of this plant shall be likewise
placed in underground conc uits to the
same extended condition.
(c) The privileges herein granted
shall be subject to such police powers
and reasonable regulations as now exis,
or may hereafter be provided concern.
ing the use OF streets by poles or wires
for similar purposes, or any regulations
or burdens imposed by legislature.
(d9 The City OF Greeley shall have
the right free of charge to place upon
the said poles or in said couduns, all
wires or other appliances necessary tc
operate system of police or fire alarm
(e) At all times during the term Of
the said franchise, and so long as said
poles. appliances, wires and conduits
and pipes are maintained in said streets
sad Spear and his assigns agree to hold
the city harmless for and on account Of
any and all claims for damages occas
ioheu py tne CONSTRUCTION. O9@-atlon anC
maintenance of the sad electric light
power and heating plant, and the plac
ing. of the said appurtanences in the
said streets and alleys and for transmit
ting electricity and heat thereon Oh
thereby, and if any litigation arises by
reason thereof, said Spear and his
assigns or whosoever shall then b;
owners thereof agree to bear all expense
OF such litigation and to settle an,
Judgment that may be rendered again IS,
the city in such litigation.
~ Said Spear and his assigns agret