Valdez daily prospector., 1913-11-12
ORDINANCE NO. e3.

operate an electric lighting and pow. CT plant and system and telephone system in the Town of Valdez, Alas ka:
 Be it ordained by the Common Coun- cil of the Town of Valdez, Alaska, as follows:
 Section l. The Common Council of the Town of Valdez does hereby as beneficial public improvement, grant to Alfred B. Hes and his as- signs, subject to the conditions and restrictions hereinafter contained, the right privilege and franchise to in stall, erect, maintain and operate in the Town of Valdez, as it's limits now or may hereafter exist, an electric lighting and power plant and system, and telephone system; it being under stood and agreed that this franchise confers the right and privilege of erecting pole and wire transmission lines upon and along the streets and alleys of the town, under the su- pervision of the Common Council, the town expressly reserving the right to exclude said pole and wire lines from construction on any part of it's streets and alleys.
 Sec. ?. All poles placed, under this ; franchise, in streets sixty (60) feet wide shall be set at least eight (8) feet from the lot line of such street; and all poles on streets fifty (5O) feet wide shall be set at least seven CD feet from the lot line of such street; and all poles placed in any alley shall be set as near the lot line as practt- cable, due regard being had for the safety of any buildings abutting up on the line of such alley. Ali poles placed upon any street or alley under this franchise shall be at least twenty (2O) feet in height above the estab- lished grade of the street or alley and if such poles be of wood the same shall be at least six inches in diame- ter at the top.
 Sec. 5. All wires stretched along or across any street or alley of said town shall be fully insulated and shall be so stretched or placed upon the poles that they shall not become menace to public safety, and it shall be the duty of any person, persons or corporation operating under this iran chise to maintain it's poles and wires in safe condition at all times.
 Sec. 4. The holder of this fran chise shall pay to the Town of Val deg, on or before the 18th day of each calendar month, five (5) per cent of the gross revenues derived from busi- ness within the corporate limits there of, over and above one thousand dol lars ($1,O0O) during the preceding calendar month.
 Sec 5. This franchise shall con- tinue in force and effect for the term of twenty-five (25) years from and after it's date; but at any time af' ter three years from it's date the Town of Valdez shall have the right to pur- chase the lighting, power and tele- phone system owned and operated by the holder of this franchise. within the corporate limits of said Town of Valdez, together with all and sin gular the machinery, apparatus, fix lures and appurtenances thereto be- longing, and if the said Town of Val dez elects to purchase sucn electric lighting power and telephone system, the same shall be appraised by three appraisers, one of whom shall be chosen by the Town of Valdez, one by the holder of the franchise and the third shall be designated by the two first named, or, if they cannot agree upon third appraiser. the said third appraiser shall be named by the judge of the district court, then sitting in the Third judicial division, Territory of Alaska. The said board of apprais- CTS, within thirty days after their ap- pointment and their formal accept ance of the trust, shall proceed to appraise the said electric lighting, power and telephone system, together with all and singular it's rights, fran chises, machinery, apparatus, fixtures, lands and appurtenances at the phy- ! sical value of the same, and shall ; complete such appraisement within six months after the date of their ap- pointment, and upon completing such l appraisement shall submit the same in writing to the Clerk of the Town of Valdez and to the holder of said franchise. Such appraisement so made by said board of appraisers shall be binding upon the Town of Valdez and upon the holder of the l franchise, and if the Town of Val dez shall at any time within six months after receiving the same in writing, tender to the holder of the franchise, in lawful money the amount of the appraisement SO fixed by said
 Board of Appraisers, the holder of the franchise shall be bound to accept
 the same and thereupon convey, by
 good and sufficient deed, to the Town of Valdez, Alaska, all it's electric
 lighting, power, and telephone plant
 and system together with all and sin
 gular the rights, privileges, machin-
 cry, appliances, appurtenances and
 fixtures thereunto belonging, situat- i ed and used within the boundaries
 of the town.
 It is expressly stipulated that be-
 fore the grantee of this franchise avails himself of any rights hereun- der he shall obtain from Ida M. F. i Hes, the owner of a certain water
 power and electrical plant in Solo,
 mon gulch, Alaska, a contract agree
 ing for herself and assigns that if
 the Town of Valdez shall take over