The herald-advance. (Milbank, S.D.) 1890-1922, 1909-07-16
Ordinance No. SO.

An Ordinance Granting to Oscar Claussen, his
Successors and Assigns, Permission to Erect.
Construct, Install and Maintain an Electric
Light, Power and Heating Plant, and to Oper.
ate and Maintain the same within the Limits of
the City Of Milbank. South Dakota. and to In.
stall Conduits, Poles, Wires. Pipes and other
I Fixtures 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.
Be It ordained by the City Council of the City
of Milbank:
Section /. That there is hereby granted to.
Oscar Claussen, his successors and assigns
hereinafter called the grantee, the right ana
privilege OF erecting, constructing. ins alling
and maintaining an electric light, power and
heating plant, and of operating and maintaining
the came within the limits Of the city of Mil
bank. as 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 ordinance, and for that purpose during all
OF said period to install and maintain on or M
der the several streets alleys, bridges public
grounds and places of said city. the conduts
poles, wires, lamps pipes and fixtures necessary
convenient or proper to carry on the business
of furnishing and supplying electric light
power and heat to said city ana the inhabitants
thereof. And 1t shall be the duty of said Oscar
Claussen to at al times keep any electric light
and heating plant which he may construct and
install In proper state OF repair, and to make
such additions thereto as may necessary to- ac.
commodate said city and the Inhabitants thereof,
and in the event Of the failure on his part to use
all due diligence in making proper additions and
repairs for the period OF thirty dave after notice
shall be served upon him by the city council,
when service is poor or insufficient, then the
SAID city may proceed against him in court of
competent jurisdiction to compel him to make
proper additions and repairs as may be neces-
sary in the premises.
section2; All conduits. poles, pipes and
wires installed by virtue of this ordinance shall
be erected in such place and in such manner as
not unnecessarily to encroaCh upon the streets
alleys, bridges, or pu bic grounds and places of
said city, and not to unnecessarily obetruct
! 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 lines thereof and where set in
streets shall be located at such distances AS
shall be directed by the city council from the
property line Of the abutting owners and shall
be so placed as not to interfere with the con-
struction 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 The event said grantee shall make
any unnecessary obstruction of said streets
alleys, public places Of grounds not designated
by sald city council. the city council may cause
the removal OF such obstruction and charge and
collect from said grantee the actual cost of
such removal, provided that no poles whatever
shall be set in Main street in said city, or on
any other OF the streets in said city where alleys
can be used for hat purpose. except corner
poles on such streets may be necessary to
eupport street lamps, and the council shall at all
times determ ne he necessity of the use of any
of the streets or alleys OF said city for the pur-
pose OF erecting and maintaining poles thereon
for sad electric Light and heating plant.
Section 3. That the said grantee does hereby
Obligate himself, his successors and assigns 10
furnish all electric light ana power required to
supply the demand for commercial and public
lamps of said city, and to commence the erec-
tlon and placing of machinery, poles, wires and
apparatus necessary thereto within sixty DAYS
after the passage of this ordinance by said city
council, and shall within twelve months from
and after the rassage of this ordnance hv said
city council, have said electric light plant in
operation.
Section. 4. said grantee, his successors or
assigns, shall use poles at least thirty feet n
length above the leYel of the street IN the bus
lness district Of said city, and of not less than
twenty five feet in length above the level of the
street in all other parts of said city, said poles
shall ne at least six inches in diameter al the
~. Said grantee his successors snd ase lgns.
EAa eqnlp said plant with new and up-to-date
apparatus and machinery. and shall nsnlate all
wires carrying electric current. The poles
wires and other apparatus aforesaid, and all ap-
paratua connected herewith ehall be located so
as not to obstruct the avenues, streets and al
leys of said city, to endanger persons or
property or rjure or destroy shade or ornamen-
tai trees along the lines of said streets, avenues
or alleys, or to hinder or obstruct the free
of said avenues, streets and alleys or other pub.
lie places by the Inhabitants of said city or the
public generally, or TO interfere with any in
provements the city may deem proper 10 make
along the lines of said avenues, streets and
public places.
Section 5. Whenever the said grantee, his cue
cessors or assigns in erecting, constructing and
maintai ing said lines of places. shall take up
any of the pavements. sidewalke, crossings or
curb Of any OF the avenues. streets, and alleys
or public places in said city. Or shall make any
excavations therein, such excavations shall
be reflled at once and pavements. side
walks, crossings or curb replaced under
the direction of the street commissioner.
and any excavation made shall be properly
lighted up at night and all service shall be made
az good as before by said grantee. And in case of
failuie to do on the part of said grantee. then
the city of Milhank may do the came at the ex-
pense Of the said grantee. and he agrees TO pay
the said city OF Milbank for the reasonable cost
value OF said work. and the city may deduct
the came from any moneys due to
become due to said grantee. his sue
cessors or assigns, from said city of Mlbank, or
may recover the same from said grantee in any
court of competent jurisdiction. That the said
grantee, his successors and assigns, shal be
liable for all damages which may result to per-