The Saint Paul globe., 1904-01-23
section to provide for the agreement re-
quired by Section thirty (30) of Chapter
four (IV) of the said charter

l lOur (lf.) OF the Sd1Q cnarter.
SECTION %.
In the passage and acceptance of this
ordinance the City and the grantee be-
| ing in doubt as to the exact meaning of
/ Section thirty (30) OF Chapter four GV.)
I OF the charter, have construed it to re-
after January 1. 1907, and not before the
| franchises and privileges described in this
section shall be held and exercised sub
1ect to all the conditions and limitations
| OF said charter. including the payment of
| a license fee of five per cent of the gross
earnings derived from the exercise and
| to-wit
=, l. All the right and authority to use
the streets. alleys and public grounds of
the City for the conduct of electricity
conferred directly upon the grantee by the
following ordinances and resolutions: Or
Qlnance NO. III. approved March l. 1882;
resolution, approved April s, 1882; Ordi-
nrdie nnaaee NO, 1S5, approved @ December ;, 1885;
| T. 1883; Resolution. approved June 20.
1896; and Resolution. approved November
| 8. 1899.
/ 2. All the right ard authority to use
| the streets. alleys and public grounds of
the City for the conduct of electricity
conferred upon the Economy Steam Heat
| Company. afterwards the st. Paul Light,
Heat and Power Company, under the fol-
| lowing ordinances and resolutions. which
| right and authority has since been as
signed to and is now held by the grantee:
| Ordinance No. 916 approved April 8.
| 1888, as amended by Ordinance No. 1907;
Resolution approved March IA, 1889; and
| Resolution approved September 20. 1898.
3. All right and authority to use the
| streets, alleys and public grounds of
the City. for the conduct of electrici-
ty. conferred upon the East Side
| ing ordinances and resolutions, which
| right and authority has since been as
signed to and is now held by the grantee:
| Ordinance No. 1869. approved February
| H. 1893; and Resolution approved Decem-
ber 5, 1894.
| 90. All franchises or privileges grant
ed by said City and now hereafter held
by the grantee and not hereinbefore spe-
officially described, and any and all fran
ehises and privileges at any time grant
| the st. Paul Light, Heat and Power
Company. and the East Side Electric
Company. or either of them not herein
before specifically enumerated.
SECTION 90.
! In further consideration of the fran
chises and privilege hereby. granted. the
| grantee will cause the duly authorized
officers of the said Edison Electric Light
and Power Company. in which the gran
tee owns substantially all of the shares of
stock. to execute and file with and at
the time OF the acceptance of this ordi-
F! nance, an agreement in writing apprOv-
ed as to form by the Corporation Attor-
ney, that the right and authority to use
| any of the streets, alleys or public
grounds of said City for the conduct of
electricity. conferred upon said Edison
| Electric Light and Power Company by
/ 1886, as amended by Ordinance No. 1898,
| and the right and authority to use any
of the streets alleys or public grounds
of said City for the conduct of electricity,
| Manufacturing and Construction Com
| rany. by Ordinance No 1913. approved
December 10, 1891 and Ordinance No.
1877. approved February 25. 1892. which
/ right and authority has since been as
! signed to and is now held by the said
Edison Electric Light and Power Com
pany. as well as any other franchise or
/ privilege for the conduct of electricity
heretofore granted by said City and now
or hereafter held by said Edison Electric
/ Light and Power Company, shall from
and after the first day of January. 1907
I and not before. be held and exercised sub
ject to all the conditions and limitations
of said charter, including the payment
| of a license fee of five per cent of the
gross earnings derived or accruing from
the exercise and enjoyment of such fran
| chises and privileges.
In further consideration of the fran
| chise and privilege hereby granted, the
| grantee agrees to cause the duly author
lied officers of the st. CroiX Power Com
pany, a Wisconsin corporation, in which
! the grantee is the owner of substantially
all of the shares OF stock, to execute and
file with and at the time of the accept
| ance of this ordinance, an agreement in
| writing, approved as to form by the Cor
1
| thority to use any of the streets. alleys
! or public grounds of said City for the
conduct of electricity, conferred upon said
Edison Electric Light and Power Com
/ pany, under a resolution approved No
| vember II. 1899. and resolution approved
January g. 1900 which were thereafter
assigned to and are now held by the said
ST. Croix Power Company, well as
| any other franchise or privilege for the
| conduct of electricity heretofore granted
by said City and now or hereafter held
4
from and after the first day of January,
| 1907. and not before, be held and exercis
ed subject to all the conditions and linn
itations of said charter. including the
payment of said license fee.
SECTION "a.
Whereas. A. dispute in good faith has
arisen between the City on the one part,
and the grantee and the Edison Electric
Light and Power Company on the other.
| over the duration of the various fran
tions % and % of this ordinance; and
Whereas The City. by Ordinance No
| 2121 approved May "a, 1900 has at
tempted to limit the duration of the said
franchise so conferred upon the Edison
Electric Light and Power Company by
| said Ordinance No. 7O7. to the first day
proved May 30, 1900, attempted to ter
mina.e and revoke on the first day of
January, 1907. the said fran
chises and privileges for the con-
the St Paul Gas Light Com
pany, the Economy Steam Heat Company
st. Paul Electric, Manufacturing and
| Construction Company. and the East Side
| Electric Company; and
Whereas. 1t is claimed by the grantee
and by the Edison Electric Light and
| Power Company that the said ordinance
and resolution attempting TO limit and
| revoke said franchises and privileges are
| imperative and invalid, and that the
term of each Of said franchises and priv
T, ieges so referred to In said ordinance
and resolution is unlimited. and cannot be
fixed or limited without the consent Of
| the owner of such franchise or privilege:
Now, Therefore, For the purpose of
| compromising and settling said dispute.
and the rights of the respective parties,
the said City, in consideration of com.
| plance with the requirements hereof
| valves any claim that the franchises and
| privileges referred to in this Section
| terminate on the first day of January,
| 1907, whether by virtue of the passage
| of said Ordinance No. 2f21 or said Res
| olution approved May 20, 1900, or other
| wise, or that said franchises or privileges
| terminate at any time prior to January
| /, 1882; and the said Ordinance No. 2121.
/ olution approved May %, 1900, and each
! of them, be and the same hereby are. in
| consideration of the execution Of the ac-
| ceptanceS and agreements herein provided
| for in all things repealed.
/ Said grantee on its part hereby valves
| any claim that the franchises and priv
| fleges for the conduct OF electricity, now
or hereafter held by 1t and described in
/ Section % of this ordinance, are perpet-
| ual and agrees that the same and all
| thereof shall cease and terminate on the
| first day of January, 1892.