The herald-advance. (Milbank, S.D.) 1890-1922, 1908-08-07
Ordinance No. 81

ROVER ana heating Plant, and to Operate and
Maintain the same within the Limits of the
City OF Milbank. South Dakota. and to Install
Conduits. Poles. Wires. Pipes and other Fix.
lures In upon or under the Streets. Alleys
Bridges and Public Grounds Of said City, for
the Purpose OF Furnishing Electric Light.
Power and Heat to said City and the Inhabi.
tants Thereof.
B. i. Ordained BY the City Council of the CITY of
Section l.: That there s hereby Or ntad f.,
c.. Laid. his successors and assigns. hereinat.
ter called the grnntee, the right and privilege of
erecting, constructing, installing and maintain
tanning an electric light, power and heating
plant. and OF operating and maintaining the
same within the limits of the city of MIlbank. az
the same are now or may be extended, for the
period OF twenty five years from and after the
date OF the passage and approval of this ordin-
ance, and for that purp zee during all said p,riod
to instaIl ana MAINTAIN on or under the several
streets, alley e, bridges, public grounds and places
Of said city.Ihe condnits, poles, wires, lamps. pip-s
and fixtures necessary, convenient or plon-r To
carry on the business of furnishing and supply.
ing electric light. power and heat to said ciiy
aud the inhabltant thereof. And it shall be the
duty Of said {. {. Laid to at all times Keep any
electric light and heating plant which he may
construct and install in Il proper state OF repair
AID to make such additions thereto as may be
necessary to accommodate said city and t. inhab-
itants thereof, and in the event of the failure on
HE partto use all due diligence in making proper
additions and repairs for the period of thirty
days after motto shall be served upon him by
the City Council, when service is poor or insutfi-
cient, then the aaid city may proceed against
him in a court of competent jurisdiction 10 com
pei him to make proper additions and repairs as
may be Necessary in he premises.
section :. All conduIte, poles, pipes and
wires installed 10y virtue of his ordinance shall
be erected in euch places anC IN such manner as
not necessarily 70 encroach upon the streets. al
Ieys, bridges OF public grounds and places of
said city, and so as not to unnec, ssarily obstruct
or impede the use thereof for the ordinary pur-
poses of travel thereon. and the erection thereof
shall be subject to the reasonable supervision
and direction of the council of said city. All
poles where set IN alleys, shall be set at or near
the boundary line thereof, and where set lu
streets shall be located at such distances as shall
be directed by the city council flom the property
line OF the admitting owners, and shall he SO
placed a. not to interfere with the construction
or placing OF any water pipes, sewers or drains
or the flow of water therefrom, which have been
or may be placed by the authority OF said city. In
event said grantee shall make any unnecessary OBJ
! struction OF said streets. alleys, public places or
grounds lot designated by said city council, the
city council may cause tn removal of sIch oh
struc ion and charge and collect from said gran
tee the actual cost of such removal, provided
that no poles whsteyer shall he set in Main
Street in said city, or on any other of the streets
in sad citp where alleys can be used for
that purpose. except corner poles on such
etreets as NAV be necessary to support street
lamps, and the council shail at all ii res deter
mine the necessity of the use OF any of the
streets oralleys of saiG city for the purpose of
e., citing and maintaining poles thereon for said
electric light and heating plant.
Section B. That the saia grantee does hereby
obligate h mself, his successors and assigns. to
furnish all electric light and power required to
supply the demand for commercial and public
lamps of said city. and to commence the cree
ton and placing of machinery, poles. wires aud
apparatus necessary thereto within ninety days
after the passage of this ofdinance by SAID city
council. and shall within twelve months from
and after the passage Of this ordinance by SAID
city council, have said electric light plant n OPP
GRAFTON.
Section 4. Said grantee. his successors or AS
signs, shall use noles at least thirty feet in
length, above the level OF the str ct. in the bust.
ness district of said city, and OF not IS than
twenty-five feet in length above the level of the
street in all other parts of said city,
said poles be at teast elk inches in diameter
az the top. Said grantee, his successors and
assigns, shall equip said plant with new and up
to.date apparatus and machinery, and shall III
snlate all wires carr ing electric current. The
poles. wires and other apparatus aforesaid, and
all apparatus connected herewith shall be locat-
ed So as not to obstruct the avenues. streets and
alleys OF eaid city, + to endanger persons or
property or iniure ordestroy shade or tnamen-
tai trees along the lines of SAID streets. avenues
or alleys, or TO hinder or obstruct the free use of
said avenues streets and alleys or other public
places, by the Inhabitants of said city or the pub
lie generally, or to interfere with any improve
ments the CITY may deem proper to make along
the lines of said avenues, streets and public
places.
successors or assigns. in erecting, constructing
/ anu ndlDldlulug sdld ilt II pUiCe Sudll I'd z VI (
any of the pavements, sidewalks, crossings or
curb Of any of the avenues, streets and alleys or
public places in said city, or shall make any ex-
! cayationstherein such excavation shall be re-
filled at once. and p~avements, sidewalks, eros
sings or curb replaced under the direction OF the
Street Commissioner. and any excavation so
made shall be properly lighted mp at night aud
all service shall he made as good as
before by said grantee. And in case
of failure so do to on the part or said
grantee. then the city of Mllbank may do the
same at the expense of the said grantee. and he
agrees to pay the said city Of Milbank for the
reasonable cost or value OF SAID WORK, ana the
| citv may deduct the same from any moneys due
or 70 become due to the said grantee. his success
ors or assigns from said city of Milbank, or
| may recover the same from SAID grantee IN any
| curt OF competent jurisd ictlon, mat the SAID
grantee. his successors and assigns shall be Ii
able for all damages which may result 10 per
| sons or property within the said city caused by
him. his successors and asslgns,or by MS agents
servants or employees, in erecting operating or
Maintaining said electric system within said
city of Milbank, and shall at all times save the
said city harmless from any and all damages to
narsops or property in erecting, operating or
maintaining said electric system and from con-
duet of electric current.
Section 6. 1t is also further proVided tnat In
csse any person shall desire to remove a build
ing along streets occupied by said, wires and IT
becomes necessary to have salo wires TEN poreIt
" removed, that the grantee shallbe ehtitlsa 10
= vt . -ei vht hours notice In writing to That erect,
and when such notice is gwen IL shail DC We
duty of said grantee to remove sucn wires WIN
ont ANY cost to the odiu Cit5 - y
s;rino fhe same removed, but said grantee shall
not be required to make sucn removal except at
a reasonable time OF the day, -
section :. The rights and privileges hereby
granted shall At all tines be an Is1ia 5ema an nav aa1't BE-
;mnnsed nv the CITY Council of said City OF Mil
bank, and the said city c .Gnnt .n HEREBY pspn nesstses
If a noIice nature as il may deem necessary for
the best interest of said city. -
section 8. During construction, maintenance
1arnomant NJ any part of said electric light
snd powe, plant mt, said saai ]s,sn,sffii h Impede fs e Or BLOCK x
Is. uei ~ saia streets and highways of said city,
ana sh.l! leave . Al st, sns s aIsnws pIs:s s.'e ssd s'e III
prounds n ss GOOD condition as they were at the
date of entry. ~
Section. 9. The rates to be charged .oy s sha
grantee Tor the use of the electric lights by the
said city and BY the inhabitants thereof shall
not exceed the following prices. w: ..
For commercial lighting: MaAihu" rse ~
teen cents per kilowatt nonf. ..a
For street %lightink: lU WAN hm.mum
rate 41.5o per month each. on midnight moon