Loading...
HomeMy WebLinkAboutORDINANCE NO. 123 ELECTRIC TRANSMISSION LINESOShUR, CI'CY UP REXBURG /I rnrii:a9 &mull' ( .p lYllllllpld}' ORDINANCE NO. 123 AN ORDINANCE GRANTING A FRANCHISE FOR THE USE OF THE STREETS AND ALLEYS OF THE CITY OF REXBURG, FREMONT COUNTY, STATE OF IDAHO, FOR ELECTRIC TRANSMISSION LINES FOR THE DISTRIBUTION OF ELECTION CURRENT, FOR POWER PURPOSES AND FOR ELECTRIC TRANSMISSION LINES AND THE DISTRIBUTION OF ELECTRIC CURRENT FOR POWER PURPOSES AND ELECTRIC LIGHTS IN THE CITY OF REXBURG, IDAHO; TO THE IDAHO POWER AND TRANSPORTATION COMPANY LIMITED, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, COUNTY OF MADISON, STATE OF IDAHO: SECTION I: There is hereby granted to the Idaho Power and Transportation Company, Limited, a corporation, with its principal place of business at Idaho Falls, Bingham County, Idaho, its successor and assigns, the right to place and maintain poles and transmisssion Wires, with cross - arms, braces and other necessary fixtures, over and upon the streets and alleys of said City of Rexburg, for the purpose of transmitting electric current for commercial power and for electric lights and the distribution thereof Provided that the said Idaho Power and Transportation Company, Limited, its successors and assigns, shall, in the ct"nstruction and maintenance of electric transmission line over and upon the streets and alleys of sai� City of Rexburg, be governed and �, controlled by such reasonable ordinances regulating the\'' in ' �� maintaining of said poles and transmission lines as may now be in force or that mak, 41 fter be enacted for the good and safety of the public. �� cos \\\\\\bW . SECTION II: The City of Rexburg, exp reserves the right to order and enforce the removal or chan ge of location of any and all'poles a ected by virtue of the provisions of this ordinances whenever the same maybe necessa y or proper; and when any change is made by removal of any poles the Mayor City Council shall designate the point to where said poles shall be removed, and such point designated shall not be of distance or position as to materially interfere with the proper conveyance of the electric current, and such removal or change shall be at the expense of the Idaho P wer and Transportation Company Limited. SECTION III: The City of Rexburg further expressly reserves the right to cut any and remove any poles or wires erected by virtue of this Ordinance, whenever in case of a conflagration such cutting away or removal becomes necessary and the City shall not be liable or answerable to the Idaho Power and Transportation Company Limited, its successors, or assigns, for any damage by the cutting away or removal of any poles or wires so cut away or removed. SECTION IV: The right and privilege herein granted are in consideration that the said Idaho Power and Transportation Company Limited its successors and assigns, shall at all times when s\6 requested by the Mayor and City Council, permit its poles and fixtures erected under the terms of this Ordinance to be used by the said City for the purpose of placing and maintaining thereon any wires and appliances that may be necessary for the Police and Fire Department of the said City provided that the same shall be placed and maintained so as not to interfere with their use and under the direction of the Management of the said Idaho Power and Transportation Company, Limited, its successors and assigns. SECTION V: The said Idaho Power and Transportation Company, Limited, its successor and assigns, shall protect and save harmless the City of Rexburg from all accidents that may occur from the use of its electrical apparatus, currents and appliances, or the operation of any plant of the said Idaho Power and Transportation Company Limited, and all wires placed upon its poles shall be properly insulated and all proper devices shall be used to protect human life and prevent injury to public or private property. SECTION VI: That the said Idaho Power and Transportation Company Limited, its successors and assigns shall file an unconditional acceptance of this franchise with the City Clerk within ten (10) days from the passage and approval of this Ordinance and be prepared to furnish electric lights and power to the inhabitants of said City on or before June 1, 1908 otherwise this franchise in all its parts shall be null and void. SECTION VII: This grant and the right and privileges hereby conferred shall expire at the end of 25 years from and after the passage and approval of this Ordinance, and the City of Rexburg hereby reserves the right to pass all ordinances and resolutions necessary or proper for the protections or interest of the City and to carry out the spirit and provisions of the foregoing Ordinance and franchise. SECTION VIII: The poles hereby authorized to be erected shall be of cedar and shall be placed on the outside of the club or sidewalks of the streets, whereon the same may be erected, and the said poles shall be set so as not to interfere with the flow of water in any gutter or drain within the said City, and the points or locations of said poles shall be determined by the Mayor and City Council of said City and all wires placed thereon shall be maintained a height of at least twenty (20) feet above any side -walk, crossing or street surface of said City, provided that nothing in this chapter contained shall be construed as conferring upon the said Idaho Power and Transportation Company, Limited, its successors and assigns the right to erect any or separate poles upon the streets or alleys of the City of Rexburg, Idaho, other than those that may hereafter be allowed to be erected or placed thereon under the provisions of the Ordinances of the City of R��kburg to be hereafter passed. Provided that no wires erected under the provisions of this ordinances,shall be erected below any wires now existing and owned by any corporation within, the City of Rexburg. SECTION IX: Any person not having the right or authortty�o do so �vho shall interfere AIS with, cut, remove, break, deface or destroy any poles, wires, cross -arms; in ors or insulator pins or other equipment within the corporate limits of said City of Rexburg aaiany person without authority so to do who shall use said poles for the purpose o posting -bills or advertisements of any kind whatsoever or who shall violate any of the privileges ofN is Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall beynned in�ly sum not exceeding fifty (50) dollars. SECTION X: That upon installation of th' ervice herein provided for, the said Idaho Power and Transportation Company, their successors and assigns shall supply are lights to the City of Rexburg or the inhabitants thereof, afa taie not to exceed seven (7) dollars per month; a maximum rate of ten cents for each kilowatt hour; and a flat rate for 16 candle power incandescent lamps as follows 75 cents for the first lamp; 50 cents for the second lamp; and 40 cents for each additional lamp. All services tpI�,e 24 hour duration. SECTION XI: That the tt ximurn charge to be made for power for operating the City \ m° pumping plant shall not exceed thixee (3) cents per kilowatt hour said pumping to be done whenever deemed necessary by the City. SECITION XII: That in further consideration of the granting of the grants, rights and privileges \\contained in this Ordinance the said Idaho Power and Transportation Company, shall inspecvfhe wiring of all buildings which said wiring shall be done under Underwriters rules, before connecting same'for the purpose of supplying any said building with light or power and such in4i ection shall be done without any expense to the owner or lessee of any such building; that upon said company certifying to the City Clerk said building to be properly wired, that thereupon it shall be responsible for any damage or less resulting from connecting any said building with their wires. That any owner or lessee of such property disagree with with said company in any of its decisions as to unsafe wiring, then such person shall state his grievance to the City Council, which body shall thereupon appoint someone competent to decide the matter, the services of such referee to be paid by said owner or lessee. Provided however, that no claim for damages under this section shall be made wherein the cause of damage is from carelessness or accident on the part of any one other than said company, not from changing or tampering with the wires or insulation of said wiring without the knowledge or consent of said company; nor from invasion, insurrection, civil war, military or usurped power, or any cause over which the company would have no control. SECTION XIII: The right hereby granted shall not be exclusive but the Mayor and City Council reserves the right to grant to any other person, company or corporation a similar faranchise. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this the Th day of January, 1908. John H. Squires, Mayor pro tern (r-T-EAL)) ATTEST: A.L. Blackburn, City Clerk STATE OF IDAHO) )ss. \\\& 0 County of Madison ) ate, I, A.L. BLACKBURN, City Clerk of the city of Rexburg, Idaho, do hereby, certify: That the above and foregoing is a full, true and correct copy of the Ordinance Entitled: Wy AN ORDINANCE GRANTING A FRANCHISE FOR THE USE OF THE STREETS AND ALLEYS OF THE CITY OF REXBURG, FREMONT COUNTY, STATE OF IDAHO, FOR ELECTRIC TRANSMISSION LINES FOR THE DISTRIBUTION OF ELECTION CURRENT, FOR POWER PURPOSES AND FOR ELECTRIC TRANSMISSION LINES AND THE DISTRIBUTION OF ELECTRIC CURRENT FOR POWER PURPOSES AND ELECTRIC LIGHTS IN THE CITY OF REXBURG, IDAHO; TO THE IDAHO POWER AND TRANSPORTATION COMPANY LIMITED. I� " °�� PASSED BY THE CITY COUNCIL AND `D BY THE MAYOR this the 9' day of January, 1908. ��a g \ \ A.L. Blackburn, City Clerk ((vii Asl)) \.\'o