Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-09-27
ORDINANCE NO. aso.

An Ordinance Granting Franchise to
be W n. Burtis for an electric plant
De ~ DREAMED by the City Council of
the City of DEBORAH, Iowa:
j, Artlcle THAT by virtue of the au-
monty N given to US by. the legal voters
election of August 18th, 1905 We do
hereby grant to W. H. Burtis, for him
self his associates. or assigns, the au-
in the said city of DEBORAH, for a period
OF twenty-five (25) years, an electric
light and power plant, with all poles,
and all other requisites FOR a compiete
ELECTRIC light and power plant in said
city Of DEBORAH for the production and
distribution of electricity for munjcinai
commercial, domestic, and manufactlIr,
ing uses, and to bring electric current
from without the said city limits to the
said plant.
Art. THAT in the use and enjoy
ment or the privileges hereby granted,
all poles required shall be erected at
Such points or places as shall be estab-
the Street Committee of the City Coun-
Gil, and shall be erected and the wires
strung thereon under the supervision
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
than twenty (20) feet from the level
of the ground, and all poles, wires, APP
pliances and structures shall be built
and placed so as to interfere as little
as possible with all other proper public
uses or said streets. avenues, alleys and
pubic grounds and both material and
Workmanship shall be first class in all
respects
Art I1I.-That in the construction
of said plant the grantee herein shall
avenue, alley or public ground of said
city and shall within reasonable time
under the direction of the street COM
mittee of said city repair all damages
done to streets, avenues alleys or pub
lie grounds, or the sidewalks on or
along the same, resulting from the con-
if they fail so to do, the city may cause
such repairs to be made, and for the
expense thereof the grantees herein
Art. IV.-That when it becomes
necessary to change the location of any
poles or wires TO accommodate any
or other public improvements, such
changes shall be reasonable and not
unduly interfere with the grantees
plant or it's operation.
Art. What by accepting the rights,
privileges and franchises herein grant
ed: the said grantee, his associates, or
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 to 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 for damages caused by any
negligence or omission to keep such
poles wires and appliances in safe con-
Art. VL-That if at the expiration of
I'VE t5l years, or any multiple thereof
from the dat date of publication of this
sire to purchase said plant, including
all buildings, machinery, real estate
have the privilege of doing so on the
Following terms, viz: Saio city shall
appoint one appraiser, and said grantee
or his assigns shall choose a second
third and the value of said plant as de-
termined bv 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 said city to purchase said property UNI
cipal ownership of the lighting system
Art. viI-That in consideration of
grantee shall at all times on reasonable
demand therefor, and in accordance with
the provisions of this Ordinance, fur
nish TO the City of DEBORAH, and to any
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 Q5) cents per kilo-
watt hour, and it is further expressly
stipulated that whenever said plant
shall have been operated by water pow
err for a 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. VIII.-That the rights and priv
1legeS 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 opera ton in the city
of DEBORAH a plant for supplying cleo
nd fla foil,
TO do shall work forfeiture of this
FRANCHISE at the option of the city coun-
Gil; 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 COD" then they shall i"i have al a
reasonable time within which to repair
such damage and put the plant in oper-
alton, and their failure so to do shall
work forfeiture Of this franchise at
forfeiture to take effect from and after
passage of a resolution to that effect
by the city council.
Art. IX.-That all and singular the
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 its
acceptance by the grantee herein, to be
filed with the City Clerk.
Dated this 9th day Of September, 1905.
f. w. DAUBNEY, Mayor.
F. M. HUGHES. City Clerk.