The herald-advance. (Milbank, S.D.) 1890-1922, 1922-04-05

and maintaining an electric light,
power and heating plant, and OF oper-
ating and maintaining the same
within the limits of the City Of Mil
bank, as the same are now or may be
extended, for the period Of twenty
years, from and after the date Of the
passage and approval of this ordin-
ance, and for that purpose during all
of said period to install and MAIN
tain on or under the several streets,
alleys, bridges, public grounds and
places of said city, 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 said city and the in
habitants thereof. And it shall be
the duty of said A. H. Savage, his
successors or assigns to at all times
keep any electric light and heating
plant which he, or mis- successors or
assigns, may own, operate, construct
or install In a proper state of repair,
and to make such additions thereto
as may be necessary to accommodate
said city and the inhabitants thereof,
and in the event of the failure on mis-
part. or his successors or assigns to
use all due diligence in making prop
err additions and repairs for the
period Of thirty days after notice
shall be served upon him, his success
sors or assigns by the City Council
when service is poor or insufficient,
then the said city may proceed
against him, his successors Or as
signs, in a court of competent iuris-
dicticn to compel him, his successors
or assigns to make proper additions
and repairs as may be necessary i'm
the premises.
SECTION 2. All conduits, poles.
pipes, and wires installed by. virtue
OF this ordinance shall be erected in
such place and such hammer as not
unnecessarily to encroach upon the
streets, alleys, bridges, or public
grounds and places of said city. and
so as not to unnecessarily obstruct or
IMPEDE the use. thereof for the ordi-
nary purposes Of travel thereon, and
the erection thereof shall ebe subject
to the reasonable supervision and
direction of the Council of said CITY.
All poles where set i'm alleys shall
be set at or ear the boundary line
thereof. and where set in streets shalI
be located at such distances as SHAH
be directed. by the City Council from.
the property line OF the abutting own
ers. and shall be so placed as not tn
Interfere with the construction or
placing Of any water pipes; sewers.
or drains or the flow of water there
from. which have been or. .max~ha,
by the. authority @ofAsaf&.
In the event said grantee. his success
or assigns shall make any un-
necessary obstruction OF saidl streets.
alleys, public places oil. grounds not
by City Council, the City
Council may aus the removal of
obstruction and charge and col
from said grantee, his successors
or assigns the actual cost Of such re-
moval. provided, that no poles what
ever shall be set in Main street in
City or on any other of the
in said city where alleys can
used for that purpose, except
corner poles on such streets as may
necessary to support street lamps,
and the council shall at all times de-
the necessity of the use of
any of the streets or alleys of said
City for the purpose Of erecting and
maintaining poles thereon for said
electric light and heating plant.
Section 3. That the said grantee
does hereby obligate himself, his
successors and assigns, to furnish ali
light and power required to
supply the demand for commercial
and public lamps of said city.
Section 4. Said grantee, his sue
eessors or assigns, shall use poles at
least thirty feet in length above the
of the street, in the business
of said city, and of not less
than twenty-five feet in length above |
the level of the street in all other
parts Of said city, said poles shall be
least six inches in diameter at the
.op. Said grantee, his successors and
assigns. shall equip said plant with |
1ew and up-to-date apparatus AFBd
machinery. and shall insulate all
wires carrying electric current. The
poles. wires and other apparatus
and all apparatus connect
ed Herewith shall be located SO ash
not to Obstruct the avenues. streets |
and alleys Of said City, or to en-
persons OF property or iniure
lr destroy shade or ornamental trees |
along the lines of said streets, ave.
nues or alleys. or to hinder or OBJ |
struct the free use Of said avenues. |
and alleys or other public |
by the Inhabitants OF said City |
the public generally, or to inter-
ere with any improvements the City
nay deem proper to make along the
ines OF said avenues. streets and
public places.
Section S. Whenever the said gran.
zee, his uccessors or assigns, in erect
ng, constructing and maintaining said
ines of poles, shall take up any OF
he pavements, sidewalks, crossings or
'urb of. any of the avenues, streets
md alleys OF public places in said
or shall make any excavations
hereon, such excavations shall be re-
He'd at once, and pavements, side
crossings or curb replaced un-
Ter the direction of the street COM
missioner. and any excavations so