The daily sentinel., 1906-10-31

casioned in doing such work shall
be refilled and settled with water.
graded and repaired by the company,
its successors and assigns. at its own
cost and expense in a good. substan
tial and workmanlike manner as soon
as practicable. And the said com
pany, its successors and assigns. shall
be exclusively responsible for all
damages to person and property that
may occur by reasons Of any negll-
gence or unskillfulness In the carry
ing on of such work. in subsequent
repairs and changes thereof. and shall
hold the said city of Grand Junction
safe and harmless from any and all
loss and damage by reason thereof
Section 4 No lamps or wires shall
be placed or strung by said company
at height of less than eighteen feet
above the streets, unless express per
mission of the said city council shall
he first had and obtained. And said
company shall at all times, act OF
God. accident, and unavoidable cas-
ualty excepted. be prepared to furn-
sh to said city and its inhabitants
a good standard quality of electric
light for Illuminating purposes for
compensation not to exceed the rate
of twelve and one-half cents G2k
ttHlSl per hllOWdll iOuI.
Section 3. The rights, privileges
and franchises hereby granted are
granted upon the express condition
that said city of Grand Junction shall
have the right and power to pur
chase or condemn the works of said
company heretofore and hereafter TO
be acquired at the cash value there
Of. and at price excluding the value
of the franchise or right of way
through the streets of the city and al
so excluding any value by virtue of
any contract entered into with the
municipality in excess of the actual
value of the works. providing that
nothing herein shall authorize the
condemnation of such works within
twenty years after their original
erection or construction, except at
Periods of ten and fifteen years after
the granting of this franchise there
for, and provided further that in
consideration of the said company
undertaking to extend its transmits
sion lines and to supply said city
with electric light, the said city binds
itself not to compete with said COM
panv in furnishing. and not to he
interested in any manner in the furn-
ishing of, electrical energy in any
part of the city or the additions there
to, except for municipal purposes, un-
less the city shall first acquire the
property of said company by pur-
chase or condemnation as aforesaid.
Section g. Nothing contained in
this ordinance shall in any way affect
the contract now existing between
the city of Grand Junction and the
said The Grand Junction Electric and
Gas company, expiring November l,
1910, concerning electric light rent
ais for street lighting purposes.
Section Z. The said company. it's
successors and assigns. agree to pay
to said city for the rights and priyil- !
ages herein granted by this ordin-
ance sum equal to three ca per
cent OF the gross receipts from the
sale OF electricity curing the life Of
this franchise said sum to be paid To
less the city shall first acquire the
said city at the end of every 80 days
from the date of the passage and ap-
proval of this ordinance. And said
company shall keep true and accurate
hooks of account and at all times the
same shall be open to inspection dur
ing business hours by an agent of said
city ouly appointed for such purpose
by the city council.
Section s. This ordinance shall
take effect and be in force from and
after its passage and approval, pro-
vided The Grand Junction Electric
and Gas company shall within thirty
days after such approval file with the
city clerk of the city of Grand June
tlon its written acceptance of this or
dinance and agree TO perform and |
abide by all the conditions, terms ana |
provisions hereinabove mentioned.
Passed and adopted this day |
of November. A. D., 1906.
Mayor. |
Clerk.
First Pub. Oct. 80. 1906.
L