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An Ordinance

An Ordinance image
Parent Issue
Day
26
Month
September
Year
1895
Copyright
Public Domain
OCR Text

The Common Council of the City of Ann Arbor ordain : Section I. The Mayor and the City Clerk are hereby authorized to enter into a contract for lighting tbe streets, alleys and public places of the City of Ann Arbor by electricity for a term of five (5) years' from January lst, 1896. with the Michigan Electric Compacy, of Detroit, Michigan, its successors and assigns. Section II. Such contract shall be in the words and figures following: Witnesseth as follows, the said Company, party of the first part, its successors and assigns, in consideration of the agreement herein contained, and on the part of the said City to be done, paid and performed, do hereby promise and agree for itself, its sucessors and assigns, to and with the said City, to erect, keep and maintain in good running order for the full period of five (5) years from and after the first day of January, A. D. 1896, in the streets and public places of the City of Ann Arbor, not less than ninety-six '(96) are lights taking not less than 9.6 amperes of current and from forty-six (46) to fifty (50) volts between the carbons of each lamp, andso many sixty-five (65)candle power incandescent lamps as the Common Council or its Lighting Commitee may order, for at least two hundred and sixty-five (265) nights in theyear, lighted from dusk until 12:30. A. M. o'clock, local time, of each of the said nights during the life of this contract, oiniting moon-light nights, according to the Philadelphia standard of lighting, ai.d on such other nights during the term of this contract as the said Electric Company shall or may be thereunto requested by the Common Council of the said City OV its duly authorized committee, 'and said Electric Company agrees that it will keep and maintain all such lamps lighted at such other times as the Common Council or its duly authonzed committee shall or mav direct, at the terms and priee hereinafter agreed upon, provided. that notice of unusual lighting shall be given by said Council or its said Committee to the said Electiic Company, or to the person in charge of its work. at least one-half hour before such extra lighting shall or may be required. All of said lamps, poles and wires for the lighting circuits shall be located in such streets and at such points in the City of Ann Arbor and in such manner, and the lamps at such height above the streets, as the Common Council or its lighting committee shall or may direct, provided, that after lamps, poles and wires are located, if the (Jommon t_,ouncil shall order lamps, poles or wirea moved to other localities, the same shall be done by the party of the tirst jart, the Michigan Electric Company, ts successors and assigns, the party of the eecond part, the City, to pay the actual cost of such changc. The said Electric Company, its 9ucessors and assigns agrees to re-locate any of its said lamps or poles or apparatus at the request of the (Jommon Council of the said City as soon thereafter as practicable after notiee. The party of the first part, its successors and assigns, agrees to use only the regular standard carbons of the best quality. Provided, however, that cored carbons shall not be required. The party of the first part, its successors and assigns, agrees that in case any of the said lamps erectsd and maintained under this contract shall go out and not burn on any of the nighte stipulated in this contract to be lighted, the same shall constitute a charge against said Company. its successors and assigns, and be deS 'ted from the ainount to be paid for lighting at the samo rate as hereinafter chargcd for extra lighling. The party of the first part, its sueessors and assigns, aggrees that if the said Citv shall at anv time direct tional liííhts to be erected that ït will, after notice thereof within a reasonable time, erect and establish all such additional lights at such place or places in said City aa shall or may be desirnated by the Common C'ouncil. and all sueh additional lights shall therefrora and thereafter be subject to all the provisions of lliis contract relating .o the said are or incandescent lamps. as the case may be, as aforesaid, provided, however, that nolamps shall be ordered dui-iny the last year of this contract, unïeas with the consent of the party of the first part, its succesBQrs and assigns. The party of the first part, lts sucessors and assigns furtber arees to paiat all poles and put the same in as irod conditio as the poles in use by the Ann Arbor Thompson-Houston Electric Company at the time of enteriny into its contract. It is aereed between the partios, that should the party of the second part, the City, concluded by resolution of the Common Council, to change the time of from dusW to daybreak, the party of the lirst patt, its successors and assifins, agrees to furnisli the lig-ht during the said time for two hundred and sixty-live (20.")) nights in the year at eighty uoimrs (IWJ) per ugnu, and forty-one dollars ($41 ) for each ineandescent light. The said City, in consideration of the foregoing agreement on the part of said Electric ('ompany, its successors and assigns, to be done and performed, doth agree to take and use the aforesaid number of electric are and incandeseent lampa for the term of five years as aforesaid, eommencing as aforesaid, the time of lighting to be from dusk to 12:30 a. M. o"elock, local time, and that it will pay to the said Eleotrio ('ompany, its successors and assigns, at the raté of si xt.v dollars (ÜStSÜ) per lamp per annum of tWO hundred and sixty-livi' (2fl5) nijrhts for each are lamp, and thirty-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::!0 A. M. o'clock, lo;al time, the same rate per annum: mm for each additional lamp ordered to be operated from dusk to daybreak followlng, at the rate of eighty dollara M0) w annum. lf, however, less than the entire nuinber of lanips are requireji by the City at any time when not i-equired by the contract then they shall use not less than tuenty (20) and shall pay for same at the rate of til'ty cents (50 cents) per nightper lamp. It is further understood and agreed that in the absence of notice of the' termination of this contract at least sixty days prior to the expiration of the same, it shall at the option of the said electric compaay, it successors and assigns be deemed binding for an additional year, commencing at the expiration thereof. It is further understood and agreed that the said electric company, its successors and assigns, is to furnish everything and to bo at all expense vvith the said lighting and the furnishing of said lamps,poles and lighting apparatus ;and it is further agreed that the said Electric company, itssuccessorsand assigns, shall and wil! holds and save harmless and indemnify from any and ali loss, costs, suits, claims, damage, demands and proceedings, either at law or in equity coming or to come to the said City from or on account of any and all accidents or damage, or by or through the use of said lamps, lights, poles or apparatus, or from the infringment of any patent right or for the use of any of the said lamps without right by the said City, and also lrom or on account of any of all decrees, judgments or orders of any court, made on account of said lamps, poles or apparatus, so to be used as aforesaid ; and that said Electric Company, its successors and assigns, will take upon itself the dofense of any or all suits, action of proceedings which shall or may be brought against the said City or the pendency or commencement of any such proceedings. It is further agreed that said Electric Company, its successors and assigns, shall and will executeanddeliver to the said City with sutlk'ienl sureties to be approved by the Common Council, a bond in the penal sum of ten thousand dollars (ï10,000) conditioned for the faithful performance of this contract and each and every part thereof. It is further understood and agreed that the said Electric Company its successors and assigns, shall not be held liable for any Iosh, damage or injury coming from or through non-hghtinji. caused by riot, tire or unavoidable accidents. In witness whereof. The parties hereunto have executed this contract by there respective offlcers duly authorized, and have caused their respective corporate seals to be hereto affixed this dayof , A. D.,lSii:,. Section III. Permission is hereby granted to the Michigan Electric Company. its successors ahd assiyns, a oorporation organized under the laws'of the State of Michigan, having its principal offii'e in the City of Detroit, toerect,lay, opérate and maintain in the public streets, allays and other public places in the City of Ann Arbor, Michigan, all needful and proper poles, wires, lam ds and other electrical appliances necessary for furnishing and operating all electric lights, motors, and for all other commercial uses of electricity. subject, however, to all conditions and raatr-ictions hereinafter mentioned. Section IV. The said corporation shall do no unneeessary injury to any street, alley, lamp, park or square, belonging to the City of Ann Arbor, Michigan. Section V. All poles located by said Company shall be properly set in the ground and so located as to cause the least possible obstruction consistent with their use for the above specified purpose. Section VI. All wires of said C'orapany shall be put up properly and insulated in a manner suitable to their use. BECTION VII. All wires entering any building shall be provided with suitable switches and cut-off at the point of entrance as required by the insurunce ules in force from time to time in the City of Ann Arbor, Michigan. Section VIII. This Odinance shall take effect ten days after legal publication and be binding upon said corporation upon the filing with the City Clerk of said City of a written acceptance thereof by the said Michigan Electric Company, and shall be void unles tlic said Michigan Electric Company. its suecessors and assigns, by January lst. 1896, light the City pursuant to its contract with said City as authorized b the Common Councïl of the City of Ann Arbor. Passed in (,'imimim ( ouneil una ioin dav of September, A. D.. 1MC. Glen V. Mills. City Clerk. Aniiroved Seut. 17, 1895. Mayor.

Article

Subjects
Old News
Ann Arbor Register