The Newport miner. [volume] (Newport, Wash.) 1899-current, 1909-03-11

SecIlon I-Ihat the right and privilege is
hereby granted the Northern Electric Com
pany, corporation, and its successors and
assigns to erect, lay, operate or maintain in
| the Towno Newport, Washington, including
all tie streets, alleys avenues and thorough
fares thereof, any and all poles, wires and
other appliances and conductors for the trans
mission OF electricity for electric lighting and
power, heating and any other uses to which
electricity is adapted, such wires and conduc-
tors may be strung upon poles or other fixtures
| above ground or laid underground in pipes,
cOndu1Js or otherwise, safely protected, and
such other apparatus may be used and main
tanned hereunder as may be necessary, con-
ducive or proper to operate and maintain the
same, provided that the said Northern Electric
Company and its successors and assigns shall
erect such poles and cOndults and place such
apparatus only on the west side OF streets and
alleys running north and south, and on the
south side OF streets and alleys running east
and west
Sec. PIT shall be lawful for the said grantee
herein and its successors and assigns to make
any and all necessary excavations in any OF
the streets, alleys, avenues or thorOughfares in
said town of Newport. Washington, for the
purpose Of erecting and maintaining poles for
the support OF said wires or for the purpose of
laying down and maintaining and operating
any conductors under ground for the purposes
aforesaid.
n Sec. 3-Wheneyer the said grantee and Its
Successors and assigns shall disturb any of the
streets, tor the purposes aforesaid, they shall
restore the same to good order and condition
as soon as practical and without any unnces-
sary delay, and failing to do SO, the Town
Council, or other governing body of the said
Town of Newport, Washington, shall have the
right OF fixing by resolution, reasOna BILE
time within which such repairs and restOra-
ton OF streets shall be completed, and upon
the failure OF such repairs being made by the
grantee or its successors assigns, the said
Town of Newport, Washington, shall cause
such repair to be made at the expense of said
grantee or its successors or assigns.
Sec. 4-Nothing in this ordinance shall be
construed so as to in any manner prevent the
proper authorities of the said Town of Newport
) from erecting or excavating sewers and main
tanning same or from grading, planking or
paving, altering or repairing any of the streets
herein mentioned, but any and all such work
shall be done. if possible, SO as not to obstruct,
injure or prevent the free OF the poles
wires, conduits. pipes Or other apparatus here
lnbefOre mentioned.
Sec. o In consideration of the right herein
granted The said Town of Newport, Washing
ton, shall have the right to suspend on poles
Or place within the conduits, placed by the
said grantee, or its successors and assigns, in
any and all wires which it may require for
ii re alarms, police or telegraph purposes.
Sec.-6-The rights privileges and franchises
herein granted shall continue and be in full
force and effect fc the period of fifty 1901 years
| commencing from the d tie of the passage of
this o. dlnance, provided that the said rig hts.
privileges and franchises shall be subject t.
and controlled by the provisions of Ordinance
! No. %. and all reasonable and general regula-
tons that may hereafter be prescribed by the
| Council for the exercise of such rights priv
| leges and franchises. And provided, further
that upon willful failure for period of so DAYS
at any time OF the said grantee, or its success
an extent us the capacity OF the plant will
permit TO all persons desiring same and stu
ated along its lines OF transmission of
electricity. the Council may revoke
| shall not be construed to mean failure to fur
| nish electricity aforesaid consequ ent upon
| Strikes fire storm, flood or other act OF God
And provided, further, that if the said grantee
| or its successors or assigns, shall for ten con-
Secutlve days while i'll operation fail to main
tain the standard voltage of the line or lines it
operates at the service switch or service box al
each and every point OF delivery OF current,
/ said failure not being consequent upon break
age OF machinery or other act or condition not
/ within the control of said grantee, or its sue
cessOrS or assigns, the Council OF the said Town
| CT Newport may ause written notice OF said
failure to be given the said company, and il
within thirty days after the receipt of the said
notice the said company, .ar its successors or
| assigns, shall tail to renew its service al such
standard voltage, then the said Council shall
| have the right to Immediately annul said
| franchise, privileges and rights
See. That the grantee hereunder, its sue
| ce .sors and assigns, may charge, collect and
receive for furnishing, dlStri buting or deliver
| ing electricity under the permission and terms
of this ordinance at the maximum rate or
price: OF fifteen Isl cents per kilowatt hour;
provided, that the said maximum rate of fiji
teen [15] cents per kilowatt hour shall be and
remain in force and effect for the first twenty
five 1851 years that this ordinance shall remain
the said first twenty five [25l years maximum
rate for the remainder Of the term of the fran
chise hereby granted shall be determined upon
mutually between the said Town of Newport
and the said grantee, its successors or assigns,
and upon failur eto so agree within six [6l
months after the expiration of the said first
ty-fve 1851 years, then and in that case
maximum for the remainder OF the term of the
franchise hereby granted shall be determined
by arbitration, the said town and the said
grantee. its successors or assigns, each to ap-
a fyyn n cd Tn
appoint third arbitrator, such appointment
to be certified in writing to the parties in in
terest; whereupon said three arbitrators, so
appointed, or at least two thereof shall deter
mine said maximum rate and certify their
finding under oath to each of the parties in
interest hereunder as the finding of said arbl-
tratiOn board, and the rate so certified sha be
and remain in force as herein provided. And
provided, further. that a minimum price for
the furnishing OF electricity for any one month
shall be one and 5000 dollars Is1.50l per each
meter customer.
See. S-That upon the acceptance of this
franchise: as hereinafter provided, ordinances
OF the said Town of Newport, numbered re-
spectiyely as mo. q" and mo. 49, recorded
in the Ordinance Record of said Town, on file
in,the Office of the Clerk OF said Town, may
and shall be repealed by the Council OF the
said Town OF Newport the same being IN con-
flict herewith. Provided, however that if no
acceptance hereof shall be made according to
the terms hereof, then.sand in that case the
said ordinances "No. ~ and No 49," shall
not be so repealed. but shall De and remain in
full force and effect.
Sec. 9-rhis ordinance shall take effect and
be in force from and after its passage and pub
lication without cost to the Tewn of Newport
and after the filing OF written acceptance OF
this ordinance and franchise by the said
grantee, provided said publication be made
and said acceptance be fled within thirty 800
days after the passage hereof. And provided,
further. that the said grantee, for itself and
its successors and assigns, by accepting the
franchise hereby granted, covenants to save
less from any damages that may from any
cause result from such poles, or wires, con-
duits, or by any electrical current thereby
conducted, or from any excavations OBJ
strnctions made or placed in the streets, alleys.
avenues and thoroughfares for the purposes of
this grant.
Passed by the Council the tn day of -
A. d. 1909.
Signed and atfested ..-..-., A D. 1909.
Attest MaVor.