The URL can be used to link to this page

Home My WebLink AboutORD 207t 3 1, 4 71 ORDINANCE Wo. 207 AN ORDINANCE GRANTING TO WILLIAM MAINLAND, HIS SUCOESSORS AND ASSIGNS, THE AUTEOPITY, RIGHT, PRIV- ILEGE AND FRANCHISE TO CONSTRUCT, LOCATE, EEEOT, OPFR- ATE and 14AINTAIN WORKS, POLES, WIRES, SUBWAYS, CONDUITS, AND ELECTRICAL CONDUOTORS WITH THE NECESSARY GUARDS, SUPPORTS, CRC 8S ARMS, PEFEERS, AND OTHER NECESSARY APPUR- TENANCES ARD APPLIANCES FOR TEE RECEPTION INTO THE CITY OF CALDWELL AND TRANS FISSION IN AND THROUGH THE SAME AND DISTRIBUTION OF ELECTRICITY AND ELECTRICAL CVRI FO11 ThE PURPOSES OF FURNISHING ELECTRIDITY FOR LIGHT, HEAT AND POWER, OR OTRER PUEPOSES, TO THE CITY OF I.ALDWELL AND THE INHABITANTS T!U2'EOF, AND ANY OTEFR PERSONS OR COR- PORATIONS DESIROUS OF USING THE SAI✓E, ALONqIN, ACROSS, OVER, UPON AND UNDER THE STREETS, ALLEYS, AVENUES, LANES, BRIDG7,S AND PUBLIC PLACES IN THE CITY OF CALDWELL, COUNTY OP 0ANYOX, STATN ' TERMS OF IDAHO, ANP PROVIDING FOR THE TE AND CONDITIONS UNDER vni1011 THE SAID AUTHORITY IS GIZA14T ED BE IT ORDAINED BY THE MAYOR AND COUNCIL of the City of Caldwell: Section 1. There is hereby granted to Willian Mainland, his successors and assigns, under the terms are- conditions hereinafter provided, the authority, right, privilege and franchise to const-mict, locate, erect, operate, and ma*ntain works, roles, vires, subrays, conduits and electrical conduntors, rith recensary guards, supports, cross arms, feeders, and other necessary appurtenances and aprliancen, for the receDtion into the City of 0aldwell, Idaho, and tTansnission in and through the same, and distrimition of e and electrical currents for the roiii!fjoses of f�,zrnishing electricity for light, heat and prover or other purposes, to the City of Caldwell and the inhab- itants thereof, and any other persors or corporations desirous Of using, the same, along, in, across, over, upon and under the streets, alleys, avenues, lanes,, bridges and public pl&,cea of the City of Caldwell, as the same nov, exists or may be hereafter acquired, laid out or extended. Section 2. Ail poles that shal.'I hereafter be erected or placed under the authority of this or- dinance and franchise shall be symmetrical in size and shape, of food sound material, of ol-Iff' Size,, and shall be placed in the ground a sifffinient depth to support all wires, the use of glIV ropes or brace*-,, to be eliminated when, and as far as Practicable: the said poles shall be placed near the curb line of streets and along the outer edge of alleys; All wires shall be placed at least twenty-five (25) feet from the ground, so that the same will be safe, and not -inter- fere with the, use of the streets, alleys and public places by the public, or with the reasonable use of any property or improvements it said City, Section 3. Vhen the grart ee shall make any excavation, dig any trench, hole or ditch, or in any manner interfere with any street, alley, public place, sidewalk, cross-walk or Pavement, the same shall be inmediately put in as good condition as it was in before Such interference by the Grantee, and in, case the same shall not be put in as good condition as it was before Such interference, the City of Caldwell may -2- do the necessary Work in putting the said street, a ll e y, or othe7 groijnd, or property in such condition, and the said Grantee, by the acceptance of this fran— chise, agrees to pay the expense of the same. section 5. The location, maintenance and operation of all poles, wires, concb).its, and fix— tiires shall be at all times subject to such reasonable riles and reprilations as may be provided by ordinance. Section 6. The Grantee shall be liable for all damages and injury to both persons end property that may be sustained by the exercise of the authority herein granted, and shall save the City 'harmless from any liability or damages that it may sustain by reason of having granted the said franchise, the acceptance of this franchise shall be an agreement to pay all Enich damages or liabilities wiffered on the part of the said city, and the recovery of alr!r jildg►nent therefor shall be final as between the City and said Grantee, his successors and assigns, and conclusive as to the liability of the latter to the former, PROVIDED that the Grantee, his successors and assigns, shall have had notice of the suit and opportiinity to defend. Section 7. In ronsideration Of the fran— chise herein granted the said Grantee shall DiTniph 0 0 light, h0at and power to the said City of Caldwell, and the inhabitants thereof, +A M&BOHN494e Pfi4Q&p ai not to exceed the following rates, to wit: LIGHTING RATES: A minim= rate not to exceed One (fl.00) Dol— laar per rionth to usual customers, may be made on account of maintenance of apparatus in readiness for service, but, otherwise, meters shall be furnished all residence and commercial customers free of any rental charge. The max— im= rate schedlile shall be as follows: RESIDENOE RATES: For the first 20,000 watthonra consi=ed in 1 month, P 1,000 watthours. For the next 20,O00 watthonre consizaed in I month, 10¢ per 1,000 watthours. For the next 20,000 watthours consi=ed. in I month, 9� per 1,000 watthours. For the next 40 wattholirs coonsumed in. 1 ronth, 89a per 1,000 watthours, For the next 100,000 watthours consimed in I month, 6X per 1,000 viatthairs. COMURCIAL RATES. For the first 5,0,000 watthoilro conmAmed in one month, 10� per 1,000 watthours. For the next 50,00o zratthoijrs consl=ed in one month, SX per 1,000 watthmirs. Mc For the next 100,000 watthours conmMed in one month, 6� per 1,000 watthoixrs. For the next :500,000 watthours consumed In one month, 5� per 1,000 watthours. For the next 500,000 watthours consumed in I Month, 4¢ per 1,000 Wattbolirs. The next 1,000,000 watthours cown=ed in one month, 3-1/2y per 1,000 wattholzro. The next 1,000,000 watthoizrs conomed in one month, 3¢ per 1,000 watthours. The next 2,000,000 watthours conmimed in one month, 2-3/4¢ per 1,000 watthours, charge. The MaXi== rate schedi.120 shall be as follows: For the first 50,000 watthours consumed in I month, 10� Per 1,000 watthours. For the next 60,000 watthours consumed in 1 month, GX per 1,000 watthours. For the next 200,000 ratthours consumed in I month, 0 per 1,000 watthours. For the next 200,000 watthours consumed in I month, 4X per l,OC)O ratthoi7rs. For the next 500,000 watthours consumed in 1 month, 5-1/2� per 1,000 vatthoiars. The next 1,000,000 watthours eonsi=ed In I month, 3¢ per 1,000 Watthours. The next 1,000,000 watthou.rs conm,med in 1 month, 2 - 1/2¢ per 1,600 watthoiirs. The next 2,000,OCC watthours conm=ed in I month, 2X per 1,000 watthours. 0 1 —5— 0 f I V All residence rates aubject to a discoiznt of ten 10) per cent for payment by any customer at the Grantee's Office during the first ten (10) days of the month succeed— ing the one in which the current was used. and the rates which may be charged and serv&ce rendered mibject to reasonable regulation in - - , :mT , - Manner as may be I= provided by law. All schedules, rates and charges shall be throughout the same as those maintained in other cities on the line of the Grantee, similarly situated and no discrimination shall be permitted in favor of one or against another. PROVIDED, 110VrRVNR, that no c1harpe for power under this franchise shall be less favorable to the user than the most favorable charge made to any other user of electric power under like condi- tions on any line of the grantee under any other franchise. All rights, franchises, and withority herein contained or conferred are and were conditioned. upon the understanding and agreement that the privileges herein granted in the said streets and public places or highways are not to op- erate in any way an an enhancement of the Grantee's prop- erty or values, or considered as an asset 9 or item of owner- ship in the appraisal thereof or determination of a basis in fixing rates and oharges.4 Section S. The rights and franchises granted under this ordinance shall rain for the tern of fifty ( 0 50) years, unless the said Grantee, his miccessors or assigns; shall forfeit the name sooner bNr failing to comply with the terms and conditioris thereof. Section 9. The rights, priv.J.1eges and fran- chinos hereby granted are tran* and the City of Caldwell consents that said Grantee, his snecesvore or assigns, may at any time during the life of this frarchise, transfer the same to any parson or corporation, the Trans- feree, however, to be, by the acceptance of said transfer, obligated to car=ry out, and bound by, all the conditions -7.. and agreements herein contained on 'the part of the said Grantee, his sixecessora or assigns, to be done and per— formed. Section 10. Within thirty (30) days after the passage, approval and publication of this ordinance and franchise, the said Grantee shall file an unconditional written acceptance with the said Clerk of the City of Caldwell, and until said acceptance in filed, the said Grantee shall not be entitled to any of the rights and privileges herein granted. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AT A REGULAR MEETING, this la day of February, 1912. APPROVED BY THE MAYOR this j� &d&Y Of Feb- mary, 1912. MAYOR. AT VTST CITY CLERK. -8- a a, . i' — 1 ► .. � X r �