Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-09-20
ORDINANCE no. 22o.

An Ordinance Granting a Franchise to
w i H. rd Bnrss 70 for an ELECTRIC plant
the City of DEBORAH. Iowa:
Article That by virtue of the au-
thority given to us by, the. legal voters
of the city of DEBORAH at the special
hereby grant to w. III. Burtis. for him.
self, his associates or assigns. the au-
thority to erect. maintain and operate
in the said city of Decorah for period
of twenty-five (25) years. an electric
light and power plant. with all poles.
wires, burners, machinery, apparatus,
electric light and power plant in said
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.
ment of the privileges hereby granted,
all poles required shall be erected at
such points or places as shall be estab-
lished by ordinance or designated by
the Street Committee of the City Coun-
ell. 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
than twenty COO 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 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
| or said plant the grantee herein shall
not unnecessarily obstruct any street.
avenue. alley or public ground of said
city and shall within a 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-
struction or operation of said plant. and,
such repairs TO be made. and for the
expense thereof the grantees herein
| shall be liable TO the city
Art. IN.-That when IL becomes
necessary to change the location of any
poles or wires to accommodate any
water, or sewer pipes. street railways.
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
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 to persons or property
caused by negligence or omission to
hCSp SUM pOISS, Wires ana 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-
dition
Art. vI.-That If at the expiration of
I'VE CO. years, or any multiple thereof.
ordinance. the city Of DEBORAH shall de.
sire to purchase said plant, Including
all buildings. machinery, real estate.
have 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 bv these appraisers shall be
the price said city shall pay for said
plant. but nothing herein contained is
TO be construed az binding i'm any way
said city to purchase said property UNI
less they desire and vote to have NUM-
cipal ownership OF the lighting system
of said city.
Art, yII.-That in consideration of
the privileges herein granted. said
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 C5) cents per kilo-
watt hour. and II is further expressly
shall have been operated by water pow
err for period not exceeding one year.
the maximum rate shall be reduced to
~ 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
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
n fnp .lx~fss aIA
trio light and power, and the failure so
TO do shall work forfeiture OF this
franchise at the option OF the city coun-
Gil ana that said grantee, his associ-
ates or assigns, shall continuously oper-
ate said electric light plant during the
term OF this franchise. but If he or they
are prevented from so doing by an
order or the court. damage due to the
elements, or public enemy. or by such
calamity as is commonly called an
act or God" then they shall have a
reasonable time within which to repair
SUCH damage and put the plant In oper..
work forfeiture of this franchise at
the option of the city council Said
forfeiture to take effect from and after
passage OF resolution TO that effect
by the city council.
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 it's
publication as provided by law, and its
acceptance by the grantee herein, to be
filed with the City Clerk.
Dated TINS oth day OF September 1905.