The Dolores star., 1921-02-11

1921 and that said proposed Ordinance as in
trodueed be published for two successive weeks
IN the Dolores Star, beginning with February
eth, 1921: e"
An ordinance granting to A. A. Rust, his sue.
cessors and assigns the right to erect con-
struct, maintain and operate an electric Light,
neat and pUwcr plant system in the Town OF
Dolores, Colorado.
BE it ordained by the Board Of Trustees of
the Town of Dolores, Colorado:
Section !. There is hereby granted to A. A.
Must, ACKNOWLEDGEMENTS AZ the 'grantee'')
the right and privilege to erect, construct
maintain and operate an electric light heat
ana power plant or system in the Town of
pnioles' colorado Tor the purpose of supply
ing said town and the inha bitants of said town
and its vicinity with electric light heat and
power for public and private uses for the full
period Of twenty years from and after the mas
sage Of this ordinance; subject to the provi
sions Of the statutes of the State Of Colorado
and OF the ordinances of this town. and to the
forth. "'e'
Section 2. Said grantee is hereby given and
granted the right to erect poles and put in
underground conduits and suspend or place
electric wires in, upon and along any and all
streets, avenues alleys and public places in
eald town asthe same now exist or may here
after be established, for the transmission of
sleciTic current for. said purposes and in gen
eral TO have, possess and exercise all rights
privilege, license and franchise necessary or
Incident 70 the proper and successful prosecu-
ton and operation Of the business of general.
ing, distributing and selling electric current
and electricity in said town and ali additions
thereto; and Tor snld purpose said grantee is
authorized to make all necessary excavations
IN the STREETS, avenues, alleys and public places
of said town.
Section 3. The rights of way and privilepes
herein granted in said streets, avenues, ALLEYS
and public places shall be subject at all times
to such ordinances and regulations as n re now
or shall hereafter be ordained and passed by
said town concerning similar use and excava.
tons in and caro- of said streets, avenues alleys
and public places and all such excavations
shall be made, poles erected, wires placed and
such plant constructed, maintained and oper-
ated in such manner as not to interfere with
the public safety, and SO as to cause the least
possible Inconvenience to the public or iudi-
viduals; and all excavations made shall he
retilled, and all pavements, crossing and side
walks removed shall be promptly restored by
said grantee and the same left in al good con.
dition and repair before such excavation or
removal; and said grantee shall be liable for
all damages TO said town or its property or to
any individuals or their property resulting
from the negligence or lack of skill Of said
grantee in the construction, maintenance or
operation of said plant or of any part thereof
and said grantee shall indemnity and save
harmless said town from any and all claims fol
damages against said town arising out of any
such neglect or lack of skill and the priv
leges, rights aud license hereby granted, and
the construction, maintenance and operation
of said plant and system shall at all times be
subject to such police power and reasuua BILE
regulation and control as the Board of Trustees
of sal town may by resolution or ordinance
hereafter pTDNlus anu poles snail be placed
at the outer sidewalk line on streets and ave-
nues, and at the side lino of alleys
Section 4. All appliances necessary for the
use of electric current from plug cut.out and
into buildings shall be furnished, placed and
maintained at the expense of the consumer;
and the connection to the plug cut-out shall be
grantee. The town shall erect furnish and
maintain at its own expense the necessary
poles wires and appliances for outdoor lights
used by it, except that, if cut-outs are used for
such lights, the expense of connection from
main up to and including such cut.outs shall
be borne by said grantee; and the grantee
shall have the right to retain the exclusive
CONTROL of all cut.outs, and may at any time
disconnect any consumer who fails to pay
for curTopt or otherwise to comply with tho
and where meters are not used, the grantee
may require that tho "Shurlok Keyed Lamp
Socket, or similar device, be installed, and
that the keys thereof he in the sole possession
and control of the grantee.
Section s. The rights of way, privileges and
franchises hereby rel granted are given and
conditions precedent to their enjoyment
namely: said grantee shall, within 30 days
from the date of the passage OF this ordinance
file with the Town Clerk of said Town his ac
ceptance of tho terms thereof, and deliver to
said town his bond in the penal sum of five
surety to be approved by the Board Of trustees
of said town, conditioned that he will idemnify
and save harmless said town from any loss or
damage or claims against it for damages by
reason of the grantees negligence in the con-
struction maintenance or operation of said
plant or system, and shall from time to time
renew such bond upon notice from and to the
acceptance OF said Board, whenever in the
Judgment of said Board the surety on such
bond may become insufficient or the liability
of the obligors therein be- diminished BY
breach of its conditions; and said grantee
shall within 60 days of the date of the passage
of this ordinance, or within such further time
file with said Clerk the certificate required to
be obtained from The Public Utilities Com.
mission of the State of Colorado that the
present or future public convenience or neces.
sity require or will require the construction of
such plant or system, as provided by statute in
that behalf; and said grantee shall within 50
days from the filing of said certificate with
said Clerk, begin the actual construction of
said system and complete and have the same
in operation within months from such date of
beginning construction; and said grantee shall
at all times after such system is established
during the term of this franchise SO maintain
and operate said system as to be prepared to
furnish said town and its inhabitants with a
goodquality of electric current for the uses and
purposes hereinbefore stated, and shall furnish
the same upon reasonable demand and if said
grantee shall fail to comply with the provisions
of this section the Board of Trustees of said
town may, by repeal of this ordinance, or by
legal proceedings forfeit the franchise hereby
granted.
Section 8. The obligation of the said grantee
as to furnishing electric current as herein pro-
yided shall extend only to service from sun.
set to midnight; but said town reserves the
right to require said grantee to furnish Il
service from sunset to sunrise, or a 2+-hour
daily service. when the public necessity or con.
yenience shall, in the Judgment Of its Board of
Trustees and of said Public Utilities Commits
| sion, demand, and in such case to fix proper
| tional me ximum rates for such service as
| herein provided for service from sunset to
midnight.
| Section I. The maximum rates to be charged
| private persons and corporations shall be %
| cents per 1000 Watts, either as determined by
| meter or expressed by tho Watt power OF the
| light and the Town of Dolores. III considera-
| ton Of the agreements of the grantee herein,
| agrees with the grantee to take and pay for
during the term of this franchise electric
| current at 5000 per month for which the
| grantee shall furnish the town with not less
| than Is 5O-Watt lights; the same to be placed
| nj such points as may be designated by the
| Board of Trustees of said town: any additional
| lights to be paid for at meter rate OF p cents
| per 900 Watts. Service by meter ratio shall be
| furnished il demanded by any applicant pro
| vided that tho minimum charge by meter rate
| shall be Sc 90 per month and meters shall be IN
stalled by said grantee upon reasouable de
nosit by tho applicant to be liked by the grantee
| 10 cover any damage thereto not arising IRON
| the act or negligence of the grantee. Inc town
| shall also allow the grantee the tull ana eScln
siye use of its electric light poles ana wire now
in place in said town.
| Section y. The word grantee wherever
| used in this ordinance or in any Amendment
thereto, shall include the successors ana az
signs of such grantee; and the rights priv,
| lerns and franchise hereby granted are granted
| evnressly subject to the provisions OF all stat
| -. -, ,ha St1ta If Colorado relation tC