The Chronicle-star combined with the Moss Point advertiser., 1947-06-06
NOTICE OF SPECIAL ELECTION ON
ELECTRIC FRANCHISE. CITY OF
PASCACOULA. MISSISSIPPI

PASCAGOULA. MISSISSIPPI
Notice is hereby given to the quail
fled electors of the City of Pasca-
goula, Mississippi. that a special cleo
ton shall be held in the City of Pas
cagoula, on Tuesday, the First day
OF July. l947, on the following propo-
sition;
PROPOSITION
Do you approve or disapprove the
action of the Mayor and Board OF
Councilmen OF the City OF ~Pascagoula,
Mississippi, in adopting an
entitled. AN ORDINANCE GRANTING
AN ELECTRIC FRANCHISE TO
MISSISSIPPI POWER COMPANY. ITS
SUCCESSORS AND ASSIGNS, IN THE
CITY OF PASCAGOULA. MISSISSIPPI
PI," whereby an electric franchise was
granted to Mississippi Power Com
papy, its successors and assigns, as
per the terms of said ordinance which
was passed by the Mayor and Board
of Councilmen on Friday the 3Oth Gay
OF May, l947, and which said ordi-
nance reads as follows;
ORDINANCE NO. 9. 1947
AN ORDINANCE
GRANTING AN ELECTRIC FRAN
CHISE TO MISSISSIPPI POWER
COMPANY, IT'S SUCCESSORS AND
ASSIGNS, IN THE CITY OF PASCA-
GOULA. MISSISSIPPI.
Be Ii OhDAlNED, by Tie EOalQ oil
Mayor and Councilmen of the City OF
Pascagoula, Mississippi:
SECTION /. In consideration of the
benefits that Will accrue to the City
of P~ascagoula, II the inhabitants
thereof, and of the payment by the
Grantee to the City of a sum of mon
ey. equal to two per centum t20cl per
year of the total revenue of the Gran
tee from the sale of electric energy. eX-
ceptlng therefrom sales for resale and
Gales in interchange of energy with
others, within he corporate limits OF
the City, or the SUN of two hundred
dollars $4,000 per year. whichever is
inc greater, payable quarterly on or
before thirty days following the close
of each calendar quarter during such
period as the Grantee operates in said
City, but not to exceed twenty-five (25)
years from the effective date of this or
~dinance, Mississippi power Company,
its successors and assigns, herein re-
ferred to as the Grantee. is hereby
given and vested with the right, au-
thority, easement. privilege and fran
chise to construct, erect, suspend,
install, renew repair. maintain, oper-
ate n conduct in the City a plant or
plants and system for the
ture, distribution and transmission
OF electric energy for all purposes
SECTION 2. The Grantee is hereby
further given and vested with the
right, authority. easement. privilege
and franchise to construct, erect, sus-
pend install, renew, repair. maintain,
operate and conduct in the City a sys-
ten of poles, towers, conduits, cables,
conductors, transforming stations, lit
tings and all appliances or appurte-
nances necessary or desirable to the
transmission. distribution, or sale of
electric energy for all purposes what
soever in. over, under, along, upon
and across all streets, avenues alleys.
ways bridges, and public places IN
the City as they now exist or may
hereafter be laid out or Q
eether with the further right, privi-
lege and franchise to construct. erect,
suspend, install, renew. repair. main
tain and operate such poles, towers,
conduits, cables, wires. conductors,
Transforming stations, fittings and all
appliances and appurtenances neces-
saTy or desirable to the transmits
sion within, into, through. over and
beyond the City and furnishing, sup
plying and distributing to the CITY
and TO the inhabitants and corpora
tions both within and beyond the Inn
its thereof, electric energy for lighting,
heating, power and all other purposes
for which electric energy may be useo
now or hereafter, and for the purpose
of extending its lines ana furnishing
electric energy beyond the limits OF
SECTfoN 3. The poles, towers. con-
Quits, cables, conductors, transform
ing stations, fittings, appliances ana
appurtenances shall be so constructed
as not unreasonably to interfere with
the proper use of the streets. avenues,
alleys. ways, bridges and public places
in the City and shall be maintained
all In a reasonably good condiuon n
repair.
shall cause any opening or alteration
to be made in any of the streets, ave-
nues. alleys, ways, bridges or puplic
places of the City for the purpose
of installing, maintaining, operating.
or repairing any poles, towers, con
Quits. cables and other appliances,
the work shall be completed Within
a reasonable time and the Grantee
shall upon the completion of such
work restore such portion OF n
streets, avenues alleys, ways, pfloges
or other public places to as good con-
dition as il was before the opening
or alteration was so made.
SECTION 5. The Grantee shall hold
the CITY harmless from any ana all
liability or damages resulting from tns
negligence of the Grantee in the CON.
strdction, maintenance or operation OF
its poles, towers, eonduits' wires ca
bles and other appliances.
SECTION 6. The Grantee may, from
time to time. declare, make ana en-
force reasonable rules and regula,
lions as conditions for the sale ana
distribution by il of electric energy 10
n persons, firm or corporation.
SECTION 7. In the event the supply
of electric energy should be lnteI.
rupted or fail by reason OF aecluent
or otherwise beyond h control OF
the Grantee, the Grantee h restore
the service within a reasonable time
and such interruption SHAH not con-
stitlte a breach of this FRANCHISE, nor
shall the Grantee be lidble for damage
- 1oeAr ~ cEfrh nfRrTInflOn OF
SECTION 8. Wherever in this ordi-
n either the City or the Grantee rs
named or referred to, ii snail De
deemed to include the respective sue
cessor, successors or assigns OF ellneft
s.. and al rights. privileges and obllga-
lions herein conferred shall bind and
anure TO the benefit of such successor:
successors or assigns of the CITY or OF
the Grantee.
of a franchise granted by the City
of Pascagoula. to MISSISSIPPI POWER
COMPANY. its successors n assigns. py
ordinance dated the 6 day OF OCTOBER
1926. recorded in Minute 0 u.
PAGES 1921. inc, and Ordinance BOOK
4 Pages I97-l9o. inc. of the City. now
held and owned by the Grantee. whlrh
upon the effective date OF TINS ofui-
nance. by mutual consent OF the par
ties thereto shall be no longer IN
force and effect. This franchise is IN
addition 10 and supplemental to anX
end an such rights as the Grantee NAV
have bv virtue 81 the provisions OF any
section of the Mississippi Code Of ls4z
and lie aceertance and exercise nv the
Grantee shall never be construed as a
waiver nor abandonment of MOI as \
limitation upon the RIGHTS now vested
in or being exercised by the Grantee
under any statute of the State Of MIS-
siseippi-
SECTION 10. IN rights hereby