The Newport miner. [volume] (Newport, Wash.) 1899-current, 1909-04-29

Sary delay, ana Ialung TO 90 SO, Tue 1oW4
Council, or other governing body of the said
Town of Newport, Washington, shall haveu II
right of fixing by resolution, reasonf,
time within which such repairs and restf
ton OF streets shall be completed, and u(r i
the failure of such repairs being made byl. n
said grantee or its successors and assigns,F
said Town of Newport, Washington, shall ca HI
such repair to be made at the expense OF Il
grantee or its successors or assigns. H
Sec. 4-Nothing in this ordinance shall 4
construed so as to In any manner prevent II
proper authorities of the said Town of NewF |
from erecting or excavating sewers and ma |
tanning same or from grading, plank1ngC +
paving, altering or repairing any of the STRIP
aerein mentioned, but any and all such wd
shall be done. If possible, so as not to Obstr4 |
injure or prevent the free use Of the POI |
wires, conduits. pipes or other apparatus hep.
inbefore mentioned.
Sec. SIN consid eration 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
the alleys, streets, avenues or thoroughfares
aforesaid any and all wires which it may re-
quire for fire alarms, police or telegraph pur.
poses. -
Sec. 6-The rights, privileges and franchises
herein granted shall continue and be in full
force and effect fG the period of ftv 1901 years
commencing from the te OF the passage OF
this ordinance, provided that the said rig hts
privileges and franchises shall be subject
and controlled by the provisions of Ordinance
No. %. and all reasonable and general regula-
Council TO: the exercise of such rights, pr1vt-
leges and franchises. And provided, further,
that upon willful failure for period of 81 DAYS
sols or assigns, to supply electricity to all per.
sons desiring same!and who shall comply with
such reasonable and general rules and regula-
eds the I'm may ana stu
electricity. the Council may revoke
and annul this grant, but such willful failure
shall not be construed to mean failure to fur
,icho oofr init off f,,r
strikes, fire, storm, food or other act of God.
And provided, further, that if the said grantee
or its successors or assigns, shall for ten con.
secutive days while in operation fail to main
tain the standard voltage of the line or lines it
operates at the service switch or service box at
each and every point of delivery of current,
age of machinery or other act or condition not
within the control of sid grantee, or its sue
cessors or assigns. the Council OF the said Town
of Newport may cause written notice of said
failure to be given the said company, and If
within thirty days after the receipt of the said
notice the said company, or its suit cessors or
assigns, shall tail to renew Its service at such
standard voltage, then the said Council shall
have the right to Immediately annul said
franchise, privileges dTrights. !.
Sec. THAT the grantee hereunder, its sue
cessors and assigns, may charge. collect and
receive for furnishing, distributing or deliver
ing electricity under thespermtssion and terms
of this ordinance at the maximum rate or price
of fifteen isl cents per kilowatt hour; pro-
vided, that the said maximum rate of fifteen
f15] cents per kilowatt hour shall be and re-
main in force and effect for the first twenty
five 1851 years that this ordinance shall remain
in force; and further that at the expiration of
said first twenty-five (2e] years a maxim um
Fate for the further period OF fifteen C5) years
of the term of the franchise hereby granted
shall be determined upon mutually between
the said Town of Newport and the said grantee.
its successors or assigns, and upon failure to so
agree within six (6) months after the expira-
ton of the said Fl rst twenty-five (25) years, then
and in that case maximum for the further
period of fifteen isl years 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-
point one arbitrator and the two so appointed
to appoint a third arbitrator. such appoint
ment to be certified in writing to the parties in
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 arbitration board, and the rate
so certified shall be and remain In force as
herein provided. And porvided further that
at the end of said first forty (40 years that this
ordinance shall be in 1orce maximum rate
for the final ten 10 years of the term hereof
shall be established in like manner as herein
before provided. And provided, further. that
a minimum price for the furnishing OF cleo
tricity for any one month shall be one and So
100 dollars I$l5Ol per each meter customer.
franchise. as hereinafter provided, ordinances
of the said Town of Newport, numbered re.
spectively as ''NO OF and mo 49, as 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 n CON
f1ict herewith. Provided, however that if no
acceptance hereof shall be- made according to
the terms hereof, then and in that case the
said ordinances, mo. 27' and. No. 49," shall
not be SO repealed, but shall De and remain in
full force and effect.
Sec. 9-This ordinance shall take effect and
be in force from and after its passage and pub
LEGATION without cost to the Town Of Newport,
and after the filing of q written acceptance of
this ordinance and franchise by the said
| grantee, provided said publication be made
and said acceptance be filed within thirty 1907
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
and keep the Town of Newport free and harm
less from any damages that may from any
cause result from such poles, or wires or con.
| duits, or by any electrical current thereby
conducted, or rom any excavations or OBJ
structions made or placed in the streets, alleys.
avenues and thoroughfares for the purposes of
| this grant
Passed the Council the Goth day OF April, A.
| D. 1909.
Signed and attested Goth day of April. D.
1909. E. 8. APPEL, Mayor
| Attest-EDwARD BRIrroN, Clerk.