Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-10-04
ORDINANCE NO. 2ao.

O6O4NANCE NJ. zdU
An Ordinance Granting Franchise to
w. H. Burtis for an electric plant.
Be it ordained by the City Council of
the City of DEBORAH, Iowa:
Article I.-That by virtue of the au-
thority given to us by the legal voters
of the city of DEBORAH at the special
election of August 18th, 1905, we do
self, his associates, or assigns, the au-
tEority to erect, maintain and operate
in the said city of DEBORAH, for period
Of twenty-five (25l years, an electric
light and power plant, with all poles,
wires, burners. machinery, apparatus,
and all other requisites for a complete
city of DEBORAH for the production and
distribution of electricity for municipal,
commercial, domestic, and manufactur-
ing uses, and to bring electric current
from without the said city limits to the
said plant.
Art. II-That in the use and enjoy
ment o Of the privileges s hereby granted
such points or places as shall be estab-
liShed by ordinance or designated by
the Street Committee of the City Coun-
Gil, and shall be erected and the wires
strung thereon under the supervision
of and subject to the approval of said
committee and the city of DEBORAH shall
have the right to make all reasonable
police regulations concerning the con-
struction and operation of said plant
All main wires shall be placed not less
of the ground. and all poles, wires, APP
planes and structures shall be built
and placed so as to interfere as little
as possible with all other proper public
uses Of said streets. avenues, alleys and
public grounds and both material and
workmanship shall be first class in all
respects.
Art. III-That in the construction
of said plant the grantee herein shall
not unnecessarily obstruct any street;
n NIX
under the direction of the street COM
mittee of said city repair all damages
lie grounds. or the sidewalks on or
along the same, resulting from the con-
struction or operation OF said plant, and
if they fail so to do. the city may cause
expense thereof the grantees herein
shall be liable to the city.
Art. IV.-That when it becomes
poles or wires to accompiodate any
water or sewer pipes. street railways,
or other public improvements. such
changes shall be reasonable, and not
unduly interfere with the grantees
plant or Its operation.
Art. What by accepting the rights,
privileges and franchises herein grant
assigns, for himself and them, coven-
ant with the City of DEBORAH to indem-
nifty said city against all and any dam
age or injury arising from any casualty
or accident 20 persons or property
caused by negligence or omission to
keep such poles, wires and appliances
in safe condition, and further covenants
to pay all legal and valid claims against
the city Ior damages caused by any
poles. wires and appliances in safe con-
dition.
Art. VI-That if at the expiration of
rye 60 years, or any multiple thereof.
ordinance, the city of DEBORAH shall de-
sire to purchase said plant, including
all buildings irng machinery, real estate,
nave the privilege of doing so on the
following terms, viz Said city shall
appoint one appraiser and said grantee
or his assigns shall choose a second,
and the two thus chosen shall choose a
third and the value of said plant as de-
termined BY these appraisers shall be
the price said city shall pay for said
plant but nothing herein contained is
to be construed as binding in any way
said city to purchase said property UNI
cipal ownership of the lighting system
of said city.
Art. yiT.-That in consideration of
grantee shall at all times on reasonable
demand therefor, and in accordance with
the provisions of this Ordinance, fur
and all the citizens thereof, electric cur
rent for light, heat and power at reas-
enable prices which shall not at any
time exceed fifteen G5) cents per kilo-
stipulated that whenever said plant
shall have been operated by water pow
er for period not exceeding one year,
the maximum rate shall be reduced to
IL cents per kilowatt hour, and shall
not exceed that rate as long as the
plant is operated by water power.
Art. VIIL-That the rights and priv
ileges herein granted are upon these ex-
press conditions, viz: That said grantee,
his associates, or assigns, shall within
two years from the passage OF this ord
nance have in operation in the city
of DEBORAH plant for supplying cleo
trio light and power. and the failure so
to do shall work a forfeiture of this
franchise at the option of the city coun-
ell; and that said grantee, his associ-
ates or assigns, shall continuously oper-
term of this franchise. but if he or they
are prevented from so doing by an
order Of the court, damage due to the
elements, or a public enemy or by such
''act of God" then they shall have a
reasonable time within which to repair
such damage and put the plant in oper-
alton, and their failure so to do shall
the. option of the city council. Said
forfeiture to take effect from and after
passage of resolution to that effect
by the city council.
Art. IX.-That. all and singular the
rights and privileges, authorities and
franchises by this ordinance granted
shall be in force and continue for the
period of twenty-five (25) years from
the date of the publication Of this ordi-
nance.
Art. X.-This ordinance shall be in
force and take effect from and after its
publication as provided by law. and it's
acceptance by the grantee herein. to be
filed with the City Clerk.
Dated this 9th day of September, 1905.
+. w. DAUBNEY Mayor.
F. M. HUGHES. City Clerk