The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1916-10-12

N'iu'tt W. aho III du
Light. Power and Heating Plant and TO oper-
ate and maintain the same within the limits
of the Town OF Aurora, South Dakota, and to
install cOnduits, poles. wires. pipes and other
fixtures in, upon and under the streets, alleys,
bridges and public grounds of said town for
the purpose of furnishing electric light,
power and heat to the said town and the in
habitant thereof.
BE IT ORDAINED BY THE TOWN COUN-
Gil OF THE TOWN OF AURORA:
Section l. That there is hereby granted
to the Dakota Light and Power Company, a
corporation, its successors and assigns herein
after called the grantee, the right and priv
ilege of erecting, constructing, installing and
maintaining an electric light, power and
heating plant within the limits OF the town
or Aurora for a period of twenty-five years
from and after the date of the passage and
acceptance OF this franchise.
And for the purpose during all said period
to install and maintain on or under the sew
eral streets, alleys, bridges, public grounds
and places OF said town, the conduits, 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 the said town and the
inhabitants thereof.
Section .. All conduits. poles, pipes and
wires installed by virtue of this ordinance
shall be erected in such places and in such
manner as not unnecessarily &c encroach
upon the streets, alleys, bridges or public
grounds and places of said town and so as
not unnecessarily to obstruct the Use thereof
for the ordinary purposes travel thereon, and
the erection thereof shall be subject to the
reasonable supervision and direction of the
town council of said town of Aurora. All
poles when set in alleys shall be set at or
near the boundary line thereof. and when set
in streets shall be located at such distances
as shall be directed by the town council from
the property line of the abutting owners and
shall be placed so as not to interfere with
the construction or placing of water-pipes,
sewers or drains or the flow Of water there
from which have been placed or may 90
placed by the authority OF the town.
In event said grantee shall make unneces.
sary obstruction OF said streets. alleys, public
places or grounds not designated by said
town council. said council may cause inc
removal Of such obstruction and charge and
collect from said grantee the actual cost OF
such removal.
Section 3. Said grantee shall use poles of
sufficient height to carry all wires and not
less than eighteen feet above the street
level. The poles, wires and other apparatus
aforesaid and all apparatus connected here
with shall be located so as not unnecessarily
to obstruct the avenues, streets and alleys or
to binder or obstruct the free use of saio
streets, avenues or alleys or other public
places by the inhabitants of said town or
the public generally or to interfere with
any Improvement the town may deem proper
to make along the lines of said avenues,
streets and public places.
Section 1. Whenever the said grantee in
erecting, constructing and maintaining said
lines OF poles shall take up any of the
pavements, sidewalks, crossings or curbs on
any OF the avenues, streets, alleys or public
places in said town. or shall make any eXca-
walton therein, such excavation shall De
reflled at once, and the pavement, side
walks, crossings and curbs replaced under the
direction of the town council and made as
good as before by the said grantee, And in
the cases of failure to do so, then the said
grantee agrees to pay the said town of
Aurora the reasonable cost or value of said
work and the town may deduct the same
from any money due the said grantee for
said town of Aurora or may recover the
same from said grantee in any court of con-
petent Jurisdiction. The said grantee shall
be liable for all damages which may result
to persons or property within said town
caused directly by the negligence OF said
grantee, or by it's agents, servants or employ
ees in erecting, operating or maintaining
said electric system within the limits of said
town of Aurora, and shall at all times save
thetown harmless from any and all liability
to persons or property by the negligence OF
the said grantees or its agents, servants or
employees.
Section g.. 1t shall be further provided
that in case any person shall desire to move
a building along the streets occupied by sdiu
wires. and it shall become necessary to have
said wires temporarily removed, the grantee
shall be entitled to receive from the party
demanding such removal at least forty-eight
hours notice in writing thereof, and such
party shall also pay said grantee at the
time Of giving said notice and before the re-
moval of said wires, the reasonable cost OF
removing and replacing Of such wires.
odlu 1T SldI Dc COi " "A
such removal only at a reasonable time OF
day.
Section 6. The rights and privileges here.
by granted shall at all times be and remain
subject to reasonable police regulations ds
may be imposed by the town council of the
town Of Aurora, and said council hereby
reserves the right to make and adopt such
regulations OF a police nature as 1T may
deem necessary to the best interest OF the
said town.
Section 7. The rates for supplying electric
current within the corporate limits of the
town of Aurora to the citizens thereof for
private lighting, power up to / II. p. ana
other purposes, may be and shall not exceed
fifteen G5) cents per kilowatt hour, as
measured by suitable recording instruments
with a minimum charge to each customer OF
One Dollar per month for lighting and a min
imum charge for power of one dollar per
horse power per month of connected load or
a less minimum charge at the option or the
grantee. The rate for power for motors Of
/ II. p. and over shall not exceed SC per
Is. w. hour.
The rates for supplying electric current
to thetown OF Aurora for purposes Of lighting
the streets, alleys and public places of said
town shall be fixed by separate contract with
the grantee but shall not exceed the follow
ing:
For normal 200 candle power Tungsten or
Mazda lamps, four dollars per month each.
For normal 100 C. p. Tungsten or Mazda
lamps, three dollars per month each.
For normal so Candle Power Tungsten oh
Mazda lamps, two dollars and fifty cents per
month each.
For normal 60 candle power Tungsten or
Mazda lamps. two dollars per month each;
the above rates being based on hours of
burning from dusk until dawn, all night and
every night.
Section s. The grantee agrees, barring ac-
cidents, to supply electric service twenty-four
hours each day for light and power and
other purposes except on Sundays, on which
days no day light service need be furnished.
Section 9. The right and privileges herein
granted are upon these express conditions:
At the expiration of twenty-five years, said
town of Aurora shall have the option to put.
chase any of the buildings, machinery, real
estate, pumps. poles, wire and other fixtures
of the grantee located within the limits OF
the town by paying therefor the actual cash
value of the same, which value shall be de-
termined as follows:
Said town shall appoint one appraiser and
said appraiser choose one appraiser and
these two appraisers so chosen shall choose
a third and the value of said plant as de-
termined by these appraisers shall be the
the price the town shall pay for said plaLt.
In determining the value OF said plant.
said appraisers shall take into account not
only the physical value of the property but
also it's earning capacity. III case of a fail
third. he shall be named by a District Judge
of the State OF South Dakota.
Section 10. All ordinances and parts OF or
dinances in conflict with this ordinance are
hereby repealed.