HomeMy WebLinkAboutOrdinance 317 MICTtOFILMED '
DATE Wa 10
CF.DINAT"V7 FOa 317 REEL,
AN O1dDiPU i?VE GRANTING CERTAIN RIGA' v PRIVIZtt;GES , AIS FRANCIiISM TO THE
FAVETT"VILLE GAS _ T'L"s'C7=C C0.' d??^ Y' G:: LIGHTING T`.I3 STRLT'.T,S, ALL'''Y^, PARKS
AIL) OT.I3R P1IBLIC PLAC:,S 1I TiE CITY OF FAYM7IZ.L?3, AMUT SAS , BY ELECTRIQMY
Old Of T^rT IS , AID 00"J SIIIP.0 01' LIv? :. ;J PO::sR TO PRIVATT, COMu:TjRS AM
OPERATION W C(r ST-RUJY'ION OF ^LrCTRI ' PLANT AND ".,ORKS .
I
1'jITs'REAS, Tine City Council of the City of Fayetteville , Arkansas under
Ordinance No. 4: passed and approved Jarrsary 12 , 1888 granted certain rights ,
privilges , and franchise to the Fayetteville Light ?c Parer Company; and ,r
1=111^AS , the City Council of the City of Fyetteville , Arkansas, under
Ordinance No. 131, .passed and approved Apl . 13 , 1903 granted certain rights ,
pa1.vileges , :and franchises to F. We . ratt, his successors and assigns ; and
9:hereas , The Fayetteville Gas ?c Electric Company, a corporation duly .
orgz2i. c3d under the lass of the State of Arkansas have acquired and purchased
fro, F. W. Fratt all rights, privileges, and franchises granted under the
zro;asaid cnli.narces >
i?0:; 2 , TIEREFORE, LT: IT ORDAINED BY THE CITY COUNCIL OF FAYETTEVILT.E , ARK . :
3cc . 1. That for and in consideration of the ' sum of X1 . 00 and other good
,^_.id valuable consitderations .,7Lhe . F'ayettev., le _Gas °c .Electric CompaUy a. cpappra-
t: on, its successors and assigns , shall have , and are hereby given the Aghts ,
pKivilegas and franchise to construct, maintain and operate an electric plant
and works , and to light the streets , alleys , parks , and other public places
and to provide and .furnish light and power to private consumers, in the City
of Fayetteville for a period of 25ryears from and after the passage , approval ,
publication, and acceptance of this ordinance, and in conrjection thereTdth it
s mill have the ri. glat arid. privilefe for such period to ipanufacture, generate,
transport, distribute ., and deliver electricity in Riad through and out df the
City of Fayetteville , and to construct, maintain, and operatein the streets,
alleys , parks, and other public places of, said City such poles, erires, :and
other an that may be necessary ka or convenient in the maintenance ,
construction, and operation of said electric light system or plant, provided
such light and poriar shall. be furnished. tp -private consumers at such reason-
absl rates as may be fixed by the City Council of .the City of FEyetteville ,
Provided further, the t the rights , privileges , and franchise hereby given
are not to be considexsd or construed to be the exclusive riots.. privileges,
or franchise .
Sec . 2. That said Company, its successors and assigns , shall, and does
hereby agree to indemnity, , and save harmless, the City of Fayatteville from
11 losa cost, damage , and expense to person or proparty caused by the erection,
maintcaance , and opuratdon of said poles.wires , or appurtenances thereto belong-
ing .
Sec . 3 . That all excavations which arh made in any of the streets , alleys ,
packs , or other public places for the purpose of erecting= said poles shell be
promptly fill.cd, :.rd •3uch streets, alleys , parks, and other public pl�fces e:he.;e
such erxavations are made shall be restored to the condition in which same vas
previous to the erection of said poles or excavations .
Tl.r.', in tha cvar: ;, of the paving or other public, imps ove:aants of an,,r sheat
.n '. Ltt'1" � a: '' I:c tF."' cz 'any of them aro lov , ted, and Jt becomes necessary 'to
rte, of th_so So Lh%t thcsy 41.11 not nterfe:a with tt c nock
Ordinance 317, Conrta
of such paving or improvement, the Company, its successors and assigns,
agree at its own cost or expense to mow said poles and replace the same
after said improvements have been completed.
Sec . 4. It is further provided that no poles shall be placed immediate-
1, r in front of any gate or passageway to any private residence, or in front
of any private residence, or in front of a front door of any business house
without the consent of the rn+rrer or occupant of such residence or business
house . The City hereby reserves the right to remove all poles and wires not
placed in accordance with the provisions of this WmWzz ordinance at the
expense of Vie Fayetteville Gas .2k Electric Company, its successors or assigns.
All poles utich are hereafter put up and maintained by the Fayetteville
Gas A Metric Company, its successors or assigns shall be adjacent to the
curb or sidewalk in such a way as to constitute no unnecessary obstruction to
the streets, alleys , gutters , and sidewalks , and all wires of the Company
shall be not less than 15 feet above the ground. .
Sec . 5 . The Fayetteville Gas Pt "Electric Company, its successors, or
assigns , shall maintain an office in the City of Fayetteville , Arkansas,
and shall at all times during the existence of this franchise furnish to
fixe City free of cost current for not exceeding ten electric light of 16
candle power eaca for lighting the City Hall and building occupied by the
Fire Department,
Sec . 6. The said Fayetteville Gas 3c Eleotric Company shall at• all
times maintain its poles erected pursuant to the authority hereby given in
goof eondition and repair, and in stringing and maintaining its 1-d res upon
said poles , it will at all times keep the same insulated in accordance with
approved practices under similar conditions and shall at all times afford
good and efficient, service unless prevented by unavoidable casualty.
Sec . 7 . The Fayettegille Gas 1 Electric Company, shall , on or before,
January 1, 1911 , at its awn expense , furnish, enact, and thereafter maintain
12 modern metal electric light poles on the public square- of the City of
Fayetteville , at such points on said square as may be designated. by the
City Council of the City of Fayetteville, and also 3 modern metal electric
light poles on Dickson Street in said City at such points as may be designated
by the City Council of.. the City of Fayetteville .
Sec . B. This ordinance shall be in fgmand effects after its acceptance
and publication by the Fayetteville Gas & Electric Gompany, its successors ,
or assigns , which acceptance shall be filed in six writing within ten days
from its passage .
Sec . 9. All ordinances or parts of ordinances in conflict hereR3th are
hereby repealed.
Passed and Approved on the 16th day of Aug. , 1913.
MICROFILMED
DATE nri 4 1919
CFDINAAICr: ro . 317 REEL
AN ORDITUMCE CRAi ENG CURTAIN RIGIIIMp PRIVIUMS , AND FRANCHIMS TO TIME
FAYETTsVILIZ OAS !k TFMFICUUC C07P!,AY "7' 0.11 LIGHTING TII' STRUTS, ALLY" , PARKS
Ad Li OTT:R PiTBLIC PLA.0, J ; ILI Tif: CITY .0'r' !PAT TrVIT.T,I:, AM%IT7SAS , BY rLLCT_UMY
o:. MMRNtis�, f:I1J FfiR" 'i IlIYIC OF T.IG? :1 is P(i:.ER TO PPIVAT7 COMUTT TM A" D
OPERATION NU COIISTIW*`I X OF 71"sCTFJ11 PLANT MID '.CItKB.
FiTR PIAS, The City Council of the City of Fayetteville , Arkansas under
Ordinance No. 1$: passed and approved :Tarriary 12 , 1888 granted certain rights,
privilges , and franchi-s. to the Fayetteville Light 4c Pover Company ; and
V.-HEM, AS , the City Council of tha City of Fayetteville , Arkansas tinder
v. di.nance Nov 131, .passed and approved Apl . 13 , 1903 granted certain rights ,
privileges , and franchises to F. F: . , E1att, his successors and assigns ; and
c:hereas , 'Me Fayetteville Gas A Mgctrie Company, a corporation duly .
, organized under the lave of the State of Arkansas have acquired and purchased
from F. W . Fratt all rights, privileges, and franchises granted under the
aforesaid ortt.::arces .
'!Oei , . THIMEI M E"i IT CRDAI' D BY THE CITY COUNCIL OF FAYETTI:VILT,E , ARK . :
Sec . 1. That for and in consideration of the sum of $1 . 00 and other good
and valuable eonsilerations, .,the i+gyetLaYi,le .Gas .?c Elzctric. Com➢aay,.a o9rpora-.
tion, its successors and assigns , shall ha•ra , aril are hereby given the rights ,
privileges atrl franchise to construct, cai.ntain and operate an electric plant
and works , and to light the streets , alleys, parks , and other public places
and io provide and. furnish light and power to private consumers, in the City
of I'ayetteville for a period of 25"years from and after the passage , approval ,
publication, and acceptance of this ordinance , and in connection therewith it
s uisll have the rig1at and pr.Lvile,:e for such period to .manufacture, generate;
transport, distribute , and deliver electricity in and. through and out of the
City of Fayetteville , and to constrict , maintain, and operate in the streets,
alleys , parks, and oth.ar public, places of said City such poles , wires , and
other appurtenances that may be necessary tm or copvenient in the maintenance ,
construction, and operation of said electric light system or plant, provided
such light and power shall be furnishedto private consumers at such reason-
abel rates as may be fix d by the City Council of the City of Fayetteville .
Provided further, th.. t the rights , privileges , and franchise hereby given
are not to be consi. ez�,d or construed to be the exclusive rights , privileges,
or franchise .
Sec . 2. That said Company, its sr.ccessors and assigns , shall , and does
Iwrebp agree to indemnity, . and save harmless, the City of Fayetteville from
all loss cost, damage , aryl expense to person or proparty caused by the erection,
mainteaance , and operatior_ of said pol.es,:rives , or appurtenances thereto belong.
.ng .
Sec . 3 . That all excavations which are Sade in akv of the streets , alleys,
parks , or other public places for the purpose of erecting said poles shall be
promptly filled, -,nd. •such streets; alleys , parks, and other public pldces where
such excavations are .lade shall be restored to the condition in which same rias
previous to the erection of said poles or excavations .
A<'L;A 9-?: t."<. e,'e-. ;: of the paving or other public improvements of any streat:
:�y o£ them are loc.. ted, and it becomes necessary to
F of them so the' the;* wkil not interfere vdth the work
..% 1+
Ordinance 317 , Con' to
of such paving or improvement, the Company, its successors and assigns ,
agree at its awn cost or expense to mow+ said poles and replace the same
after said improvements have been completed.
Sec . 4. It is further provided that no poles shall be placed immediate-
19 in front of any Cate or passageway to any private residence , or in front
of any private residence , or in front of a front door of any business house
without the consent of the myner or occupant of such residence or business
house . The City herby reserves the right to remove all poles and vaizes not
placed in accordance with the provisions of this eta ordinance at the
expense of tie Fayetteville Cass Llectric Company, its successors or assigns .
All poles fMch are hereafter put up and maintained by the Fayetteville
Gas °c Electric Company, its successors or assigns shall ba adjacent to the
curb or sidewalk in suc:1 a way as to constitute no unnecessary obstruction to
the streets, alleys , gutters , and sidewalks , and all wires of the Company
shall be not less than 15 feet above the ground.
Seca 5 . The Fayetteville Gas Pc Moctri.c Com.- any, its successors , or
assigns , shall maintain an office in the City of Fayetteville , Arkansas ,
and shall at all times during the exi.stence of this franchise furnish to
the City free of cost current for not exceeding ten electric light of 16
candle power each for lightinZ the City Ihll and buildinr, occupied by the
Fire Department,
Sec . 6. The said Fayetteville Gas $ Mectric Company shall at - all
times maintain its poles erected pursuant to the authority hereby �,,: ven in
CooJ condition and repair, and in stringing and maintaining its hires upon
said poles , it sill at all times keep the same insulated in accordance with
approved practices under s3brllar conditions and shall at all times afford
good and efficient, service unless prevantr?d by unavoidable casualty.
Sac . 7 . The Fayettegille C=as 1 electric Co:apany, shall , on or before ,
Jcvuary 1, 1914, at its own expense , furnish, erect, and thereafter maintain
12 modern metal eloctric light poles on the public square of the City of
Fayetteville , at such points on said square as may be designated. by the
City Council of the City of Fayetteville, and also 3 modern metal electric
light poles on Dickson Street in said City at such points as may be designated
by the City Council of . the City of Fayetteville .
Sec . 8. This ordinance shall Je in fozeand effects after its acceptance
and publication by the Fayetteville Gas k Electric Company, its successors ,
or assigns , uhich acceptance shall be filed in assn writing within ten days
from its passage .
Sec . 9. All o::di -kazces or parts of ordinances in conflict hereud th are
hereby repealed .
Passed and i_pprored on the 16th day of Aug. , 1913 .
