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An Ordinance

An Ordinance image
Parent Issue
Day
27
Month
September
Year
1895
Copyright
Public Domain
OCR Text

The ('ominon Counoil of the ( ïty of Ann Arbor ordain: SKCTION I. The Mayor and the i ty Ulerk aro hereby authorlzed to enter Into a contract for lighting the streets, alleys and public plaoes of the City of Aun Arbor by electricity for a term of iiv' (5) reara f rom .lanuary lst, 1896, wit h the Michigan Electric Compar.y, of Detroit, Michigan, its successors and ■.asigna. SECTION II. 8uch contract shall be n the word s and figures following: Witnesseth as follows, the said ('ompuny, party of the tirst part, its successors and 'assigns, in consideration of the agreement lierein contained, and on the part of the said City to be done, paid and pcrfonned, do hereby promise and agree for itself, its sueessors and assigns, to and witli the said City, to erect, keep and maintain in good PUn. ning order for the full period of live (-Vi yeara from and after the lirst day of Junuarv, A. I). 1896, in the stroets and public places of the City of Ann Arbor, not less than ninety-six '(96) are lighta tuking not less than !.( amperes of eurrent and from forty-six (4I) to tifty Mi volts betwoon the earbons of eacli lamp. andso many sixty-fivc (65)oandle power incamlcseent lamps as the Cominon Counc.il or its Lighting Commitee may order, for at least two hundred and sixty-tive (265) nights in theyear, lighted trom dusk utitil 12::!0 a. M. o'clock, local time, of each of the said nights the Ufe of this eontract, omiting moon-lif;ht nighte, accoi-ilintr to the Fliiladelphia Standard of lighting, and on such other nighte durinï the tei-m of this contract as the said Electric Company shall or may be therauato reijiiested by the Common Council of the said city or its duly authorlzed eomuiittec, 'and said Electric Company agrees that it will keep and maintain all such lamps lihted at suvb otlicr times as the Cominon Couneil or its duly authorized oommittee shall or may direct, at the terms and price hereinafter agreed upon, provided, that notice of unusual lighting shall be given by said Council or its said Connnitteo tb the said Electric Company, or to the person in charge of its work, at least one-half hour before such extra lichting shall or may be required. All of said lamps, poies and wires for the lighting circuits shall be located in such streets and at sueh points in the. City of Ann Arbor and in such manncr, ami the lamps at sueh height above the streets, as the Common Couneil or its lighting oommittee shall or may direct, provided, that after lamps, poles atul wires are located, if the Common Council shall order lamps, poles or wires moved to other localities, the same shall be done by tho party of the lirst part, the Michigan Electric Company. its successors and assigns, the party of the seeond part, the City, to pay the actual cost of such chango. The said Klectric Company, its sucessors and assigns agrees to re-loeate any of its said lamps or poles orapparatus at the request of the Common Council of the said City as soon thereafter as practicable after notiee. The party of the h'rst part, i te successors and assigns. agrees to use only the regular standard carhons of the best quality. l'rorided, however, that cored earbpns shall not be required. The party of the first part, its succesBors and assigns, agrees that in case any of the said lamps crectsd and maintaiued under thla contract shall go out und not burn on any of the nights stipulated in tliis contract to be lighted, the same shall constitute a charge igaiiiHi said Company, lts successors and assigns, and be deiHeted from the aiiiount to be paid for lichting at the same rate as hereinafter charged for extra lighting. i'he party of the lirst part, its suceaBOra and assigns, aggrees that if the said City shall at any tiine direct additional lights to be erected that it will, notice thereof within a i-easonable time, erect and establish all sueh addilional lights at such place or places in said City as shall or may be designatej by the Common Council. and all such additional lights shall therefrom and tliereafter be subject to all the proviBiona of this contract relating to the said are or incandeseent lamps, as the ase may be, as aforesaid, provided, however, that no lamps shall be ordered during the last year of this contract, unless with the consent of the party of the flvst part, its .successors and iissigns. The party of the first part, its sucessors and assigns further agrees to paint all poles and put the same in as good condition as the poles in use by the 'Ann Arbor Thompson-Houston Kloctric Company at the time of entering into its contract. It is agreed between the parties, that should the party of the second part, the City, conoluded by resolution of the ( 'ominou Council, to chance the time of lichting frora dusk to daybreak, the party of the lirst part, its successors and assigns, agrees to furnish the light du ring the said time for two hundred and sixty-five (2(if) nights in the year at elghty dollars ($80) per are light, and forty-one dollars ($41) for each incandescent lijjht . The said City, in consideration .-.f the foregoing agreeraent on the part of said Klectric Company, lts successors and assigns, to be done and performed, dothagree to take and use the aforesaiil number of electric are and incandescent lamps for the term of iive years as aforesaid, commencing as aforesaid, the time of lighting to be frora dusk to 12:30 a. M. o'elock, local time, and that it will pay to the said Electric Company, its successors and assigns, at the rate of sixty dollars ($60) per lamp per anmirn of two hundred and sixty-iive (2f.') nights for each are lamp, and thiity-one dollars ($31) per annum for each incandescent lamp, to be paid in equal monthly installments.and for each aüditional lamp ordered to be operated from dusk until 12:30 A. M. o'elock, local time, the same rate per annum: and for each additional lamp ordered to be operated from dusk to daybreak following, at the rate of eighty dollars ($80) per annum. If, however, less than thcentire number of lamps are required by the City at any time when not required by the contract Uien they shall use not less than twenty (20) and shail pay for same at the rate of tifty cents (50 cents) per uiht per lamp. It ia further understood and agreed that )n the absence of notice of the termination of this contract at least sixty days prior to the expiration of the same, ' it sliall at the option of the said electric company, it successors and assigns be deemed binding for an additional yoar, commencing at the expiration thereof. It is further underutood and agreec that the said electrie company, its suc eessors and assigns, is to furnish ever] thiug and to be at all expense with the said lighting and the furnishing of sak lauips, poles and lichting apparatus ;and t is further agreed that the said Elec tríe eompany, its suceessor sand assigns shall and will holds and save harmless aud indemnify from any and all loss costa, suits, claims, damago, demands umi proceedlngB, either at law or in bqtiity coming or to come to the saic i'ity from or on account of any and al Hrcident8 or damage, or by or through tlieuse of said lamps, lighte, poles oi apparatus, or from the infringment o any patent right or for the use of anv Of the said lamps without right by the saiü City, and also trom or on aceoun of any of all decrees, judgment.s or or (Iers of any court, made on account o said lamps, poles or apparatus, so to be '-ifd as aforesaid; and that said Elec trie Company, its successors and as signe, will take upon itself the defense nf any or all suits, action of proceedings which shall or may be brought against he saíd City or the pendency or comnencementof any such proceedings. It i? further agreed that said Electric Company, it. succeasors and assigns, hall and will executeand deliver to the sid City wlth sufflclent sureties to bo approved by the Common ('ouncil, a xnd in the 'penal sum of ton thousand lollars (fio.ooo) oonditioned for the aithful performance of this contract and eaoh and every part thereof. It is urther understood and agreed that the aiii Electric Company its successors and assigns, shall not be held liable for any loss, damage or injury from or through non-lighting, cauaed by riot, iré or unavoidable accidenta. ín witness whercof. The parties hereinto have cxecuted this contract by here respective ofllcers duly autharized, and have caused their respective orporate soals to be hereto atlixed this dayof , A. D.,1 !}!.". SECTION 111. Permisaion is hereby granted to the Michigan Electric Comtany, its successors ahd assigns, a cortorationorganizedunderthe lawsof the state of Michigan, having its principal office in thc City of Detroit, toorect,lay, opérate and maintain in the public treeta, allays and other public places D tlie City of Ann Arbor, Michigan, all needful and proper poles, wires, araus and other electrioal appliances íeceaaary for furnishing and operating all electric lights, motors, and for all other commercial uses of electricity. ubject, however, to all conditions and ostrictiorus hereinafter montioned. SECTION IV. The saul coi'poration ball do no unneceasary injury to any itreot, alli-y, lamp, park or square, beonging to the City of Ann Arbor, Michigan. SECTtON V. All K)les locatod by said 'ompunv shall be properly set in the P'ound and so looated is to cause the oHst, possfble óbstructlOD consistent with their use for thc, above se.-iíied ►urpose. Section VI. All wires of said Com)m_v shall bc put up properly and insuated in a manner suitablc to their use. SECTION VIL All wires entering any building shall Ik provided with suitablc switches and cut-oflfs at the oint of entrance as réquired by the nsurunce rules in torce trom time to line i n the ity of Ann Arbor, Michigan. Section VIII. Thls Ordlnance shall take elt'cct ten days after legal publicaion and be binding upon said corpdration upon thc tiling with thc City Clerk of said City of a written aocentance thereof by thc said Michigan Klectric ( 'oni)any, and shall be void unless thc said Mlchipan Klectric Company, iis Buocessors and assigns, by January lst, 18íl(i, light the City pursuant to its contract with said City a authorizod by the Common Council of thc City of Aan Arbor, Passed in Common Council this Hith day of September, A. I).. 1805. Glén V. Mills, CitvClcrk. Approved Sept. 17, 1895.

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Subjects
Old News
Ann Arbor Democrat