The herald-advance. (Milbank, S.D.) 1890-1922, 1909-07-23
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
- City OF Milbank, South Dakota, and to In.
stAn Conduits. Poles, Wires. Pipes and other
Fixtures in, Upon or Under the Strects,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 1t ordained by the City Council oft City
of Mllbank:
Section L. That there is hereby granted to.
Oscar Claussen, his successors ana assigns,
hereinafter called the grantee, the right and
privilege of erecting, constructing, INSTALLING
and maintaining an electric light, power and
heating plant. and of operating and main ntaining
the same within the limits or the city or NIL
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 or
this ordi nance, and for that purpose during ali
of said period to install and maintain on or un-
der the several streets, alleys, bridges, pubic
grounds and places of said city. the condults,
poles, wires, lamps pipes and fixtures necessary,
convenient or proper to carry on the business
of furnishing and supplying elecirlc nght,
power and heat to said city and the Inhabitants
thereof And it shall be the duty of said Oscar
Claussen to at all 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 enecesshry to &C
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 days 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 or
competent jurisdiction to compel him to make
proper additions and repairs as may be neces-
sary in the premises.
Section 2. All conduits. poles pipes and
wires installed by virtue Of this ordinance shall
be erected in such place and in such manner as
n&t unnecessarily to encrosch upon the streets
alleys, bridges, or pub blic grounds and places or
said city, and so as not to unnecessarily obstrnct
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 shah
be so placed as not to interfere with the con-
etruction or placing of any water pipes, sewers
or drains or the flow Of water theretrom, which
have been or may be placed by the authority of
said city. In the event said grantee shall make
any unnecessary 'bstruction OF said streets,
alleys, public places OF grounds not designated
by said 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 that purpose, except corner
poles on such streets as may be cessary tC
support street lamps, and the council shall at al
times determine he necessity of the uec of any
of the streets alleys OF said city for the pur-
pose of erecting and maintaining poles thereon
for said electric light and heating plant.
Section 3. That the said grantee does hereby
obligate himself, his successors and assigns t(
furnish all electric light and power requlled tc
supply the demand for commercial and public
lamps of said city, and to commence the erec
ton and placing of machinery, poles, wires ant
apparatus necessary thereto within sixty DAYS
after the passage of this ordinance by said cit.
council. and shall within twelve months from
and after the passage of this ordinance by sait
city council, have said electric light plant il
operation.
Section. 4. Said grantee, his successors O
assigns, shall use poles at least thirty feet il
length above the leyei of the street, IN the bus
mess district of said city. and of not lees thai
twenty five feet in length above the level of tn
stNset in all other parts of said city, said pole
shali be at least six inches in diameter at tn
top. Said grantee his successors and assigns
shall equip eaid plant with new and up-to-dat
apparatus and machinery, and shall nsulate al
wires carrying electric current. The poles
wires and other apparatus aforesaid, and all az
paratus connected herewith shah be located g
as not to obstruct the avenues. streets and al
leys of said city, or to endanger persons o
property or injure or destroy shade or ornamen
tai trees along the lines ofsad streets, avenue
or alleys. or to hinder obstruct the free us
of said avenues, streets and alleys or other pub
lie places by the inhabitants of sald city or tn
provements the city may deem proper to max
along the lines of said avenues, streets an
public places.
Section 5. Whenever the said grantee, his sue
cessors assigns in erecting. col strncting an
maintaining SAID lines of places, shall take u
any of the pavements, sdewalke, crossings 0
curb Of any of the avenues, streets, and alleys
or public places in said city, or shall make any
excavations therein such excavations shal
be reflled at once, and pavements, side
walks. crossings or curb replaced uLde
the direction of the street commissioner
and any excavation SO made shall be properl
lighted up at night and all service shall be mad
as good as before by said grantee. Andin case 0
failuie so to do on the part Of said grantee thel
the city of Milbank may do the same at the ex
pense of the said grantee. and he agrees to pa
the said city Of Milbank for the reasonable cost
or value Of said work, and tho city may deduc
the same from any moneys due or t.
become due to said grantee. his sue
cessors or assigns, from said city OF Milbank. o
may recover the same from said grantee in an
court of competent Jurisdiction. That the sal
grantee, his successors and aeeigns, ehall b
liable for all damages which may result to pei